HomeMy WebLinkAboutCC 1984-12-07 Minutesr_
1
ITY OF Ml MI
MMISSION
INUTES
December 7, 1964
OF MEETING HELD ON
(SPECIAL)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
RALPH G.. ONGIE
CITY CLERK
I
I
INDEX
MINUTES OF REGULAR MEETING
CITY COMMISSION OF MIAMI, FLORIDA
DECEMBER 79 1984
ITEM SUBJECT
NO.
LEGISLATION PAGE
NO.
1
APPROVE COLLECTIVE BARGAINING
R-84-1335
1-3
AGREEMENT -SANITATION EMPLOYEES ASSO-
CIATION OCT. 1, 1984 - SEPT. 30,
1985.
2
BAYSIDE PROJECT:
M-84-1336
3-37
(A) STATEMENT REGARDING CASINO GAM-
M-84-1337
BLING OUTSIDE OF ROUSE LEASE-
M-84-1338
HOLD;(B)RESPONSIBILITY OF PAYMENT,
M-84-1339
CITY TO PAY O.S.P.A. IF ROUSE UNABLE
M-84-1340
TO PAY, ETC. (C) STIPULATE FORMATION
M-84-1341.1
OF 15 MEMBER FOUNDATION BAYSIDE CEN-
M-84-1341.2
TER LIMITED PARTNERSHIP. (D) FEMALES
M-84-1341.3
SHALL BE INCLUDED IN DEFINITION OF
M-84-1341.4
MINORITIES. (E) INSTRUCT MGR. TO
M-84-1341.5
NEGOTIATE WITH ROUSE CO. TO IDENTIFY
M-84-1341.6
FUNDING SOURCES -BLACK BUSINESS, ETC.
M-84-1341.7
(F) APPROVE MAIN MOTION WITH AMEND-
M-84-1342
MENTS. (G) APPROVE PARTNERSHIP.
3
DISCUSSION OF SELECTION PROCEDURES
M-84-1343
37-38
FOR PERMANENT CITY MANAGER, HIRING
OF FIRM, ETC,
4
DECLARE POLICY REGARDING APPOINTMENT
M-84-1344
38-43
OF INTERIM CITY MANAGER, IRREVOCABLE
RESIGNATION & RETURN TO A.C.M. STAT-
US IF APPLICABLE.
5
APPOINT RANDOLPH ROSENCRANTZ AS CITY
R-84-1345
43-47
MANAGER PURSUANT TO CONDITIONS OF
IRREVOCABLE RESIGNATION AND ESTAB-
LISH SALARY OF $89,900.
6
DISCUSSION ITEM THAT FIRST ITEM ON
DISCUSSION
47-48
NEXT AGENDA WILL BE PROPOSED PUBLIC
HEARINGS AND ORDINANCES FOR STRONG
MAYOR CHARTER AMENDMENT.
7 SWEARING -IN CEREMONY FOR NEW CITY DISCUSSION 48-49
MANAGER.
9 LONG STATEMENT BY MAYOR FERRE RE- M-84-1346 49-54
GARDING LAWSUIT FILED BY THE MIAMI
HERALD AND MOTION TO RETAIN OUTSIDE
COUNSEL FOR THOSE NAMED IN THE LAW-
SUIT ETC.
MINUTES OF SPECIAL MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA
On the 7th day of December, 1984, 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 to consider business of public import,
namely, discussion regarding the Rouse-Bayside Project and
selection of interim City Manager.
The meeting was called to order at 1:50 O'Clock P.M. by
Mayor Maurice A. Ferre with the following members of the
Commission found to be present:
ABSENT:
Commissioner J. L. Plummer, Jr.
Commissioner Joe Carollo
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
Commissioner Miller J. Dawkins
ALSO PRESENT:
Lucia Allen Dougherty, City Attorney
Ralph G. Ongie, City Clerk
Matty Hirai, Assistant City Clerk
An invocation was delivered by Mayor Ferre who then led
those present in a pledge of allegiance to the flag.
----------------------------------------------------------
1 APPROVE COLLECTIVE BARGAINING AGREEMENT- SANITATION
EMPLOYEES ASSOCIATION OCT. 19 1984 - SEPT. 30, 1985
Mayor Ferre: Before we begin on those deliberations,
however, we have also had the request of finalizing the
contract that has now been negotiated by Mr. Mielke and the
negotiating team. I will add that to the agenda to the
agenda at this time in interest of getting a complete
presentation. Mr. Mielke, the Chair recognizes you.
Mr. Dean Mielke: Commissioners, you have in the packet
there a contract, a cost analysis sheet and the resolution.
What I would like to ask you for is an approval of this
contract. It is a one-year contract and all of the
statistical data is in your sheet. I recommend it to you.
I believe Mr. Smith is here from S.E.A. and he stands ready
to recommend it also.
Mayor Ferre: Let me ask you, Mr. Mielke, were you involved
in these negotiations yourself?
Mr. Mielke: Yes, sir, I'm the chief negotiator. I was
involved in every session. I represented the City in all
negotiating sessions.
Mayor Ferre: Do you recommend this agreement?
34
1
December 7, 1984
A
Mr. Mielke: Yes, sir, I do.
Mayor Ferre: Why?
Mr. Mielke: I think it is a fair and equitable agreement.
It in my mind, protects the interests of the City, the
citizens, and at the same time recognizes the needs of the
employees.
Mayor Ferre: Can you give us the overview of the two or
three saving points? As I understand it, one of them is
effective October of 84 there is a 2% increase and then
subsequently a 5% as of July of next year.
Mr. Mielke: That is correct, sir.
Mayor Ferre: Which is somewhat lower...
Mr. Mielke: Yes, sir, that is 1% less than what the other
contracts have come in at.
Mayor Ferre: And secondly, it opens it up only for wages
for the second year and there are no other openers other
than that.
Mr. Mielke: No, sir, the only other opener is the right of
the City to open for questions of reducing paid leave time
which is what we wanted.
Mayor Ferre: And the third item that is salient on here is
the question of the selection of benefits dealing with
health care.
Mr. Mielke: Yes, sir. It provides that the SEA would have
the same options as was offered the other unions with being
able to start up their own health care programs.
Mayor Ferre: Does that make the SEA equal to the other
i Ali unions)
j
Mr. Mielke: Yes, sir, it provides almost the identical
language and it provides the same money.
Mayor Ferre: Is there anything else that you want to tell
us about this contract?
Mr. Mielke: No, sir.
Mayor Ferre: All right, are there any questions of Mr.
Mielke? All right, Mr. Smith, the Chair recognizes you,
sir,
Mr. Bill Smith: Good afternoon, Mr. Mayor. My name is Bill
Smith g Sanitation Employees Association. That's to say that
we recommend it and we hope that this Commission will adopt
it and approve it.
Mayor Ferre: All right, are there any questions of Mr.
Smith? Any statements? All right, what is the will of this
Commission?
Mr. Plummer: It's in order,
move it.
Mr. Perez: Second.
Mayor Ferre: Second by Commissioner Perez,
is there further
discussion? All right, call the roll, please.
The following resolution was introduced by Commissioner
Plummer, who moved its adoption:
RT 2 December 7, 1984
RESOLUTION NO. 85-1335
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO THE ATTACHED COLLECTIVE
BARGAINING AGREEMENT BETWEEN THE CITY OF
MIAMI AND THE EMPLOYEE ORGANIZATION KNOWN AS
THE SANITATION EMPLOYEES ASSOCIATION, FOR
THE PERIOD OF OCTOBER 1, 1984 THROUGH
SEPTEMBER 30, 19859 SUBJECT TO THE TERMS AND
:.;
CONDITIONS SET FORTH THEREIN.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
rr.."
Upon being seconded by Commissioner Perez, the
resolution was passed and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner J. L. Plummer, Jr.
a
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
k
NOES: None.
ABSENT: Commissioner Miller J. Dawkins
:i Mayor Ferre: Congratulations to you, Mr. Smith, and to you,
w Mr. Mielke for our usual fine job in this matter.
; � Y
'.------------------------------------ -------- ---------
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C. anaaiuc rnvua:a.a: n aanar.naaa
na;vanaraaaa .n.�inv von�a.in�
_.:£
OUTSIDE OF ROUSE LEASEHOLD;
(B)
RESPONSIBILITY OF PAYMENT, CITY TO
PAY O.S.P.A. IF ROUSE UNABLE TO
k
PAY, ETC.
(C)
STIPULATE FORMATION OF 15 MEMBER
FOUNDATION BAYSIDE CENTER LIMITED
PARTNERSHIP.
(D)
FEMALES SHALL BE INCLUDED IN
DEFINITION OF MINORITIES.
(E)
INSTRUCT MGR. TO NEGOTIATE WITH
ROUSE CO. TO IDENTIFY FUNDING
SOURCES -BLACK BUSINESS, ETC.
(F)
APPROVE MAIN MOTION WITH
AMENDMENTS
(G)
APPROVE PARTNERSHIP.
----------------------
--------------------
Mayor Ferre: We're now on the Bayside and the Chair now
recognizes Mr. John Gilchrist. Mr. Gilchrist, you're here
to inform us of the negotiations that went on between Monday
and last night.
Mr. Gilchrist: What I would like to do is turn the
microphone over to David Weaver to run through the answers
to the questions that were addressed to him by the City
Commissioners and to review the documents which were not in
the Monday agreement but are now before you. And in
addition, we have for the Rouse Company Libby Marshall
representing them here should any question need to be asked
of them.
Mr. Carollo: Mr. Weaver, the tape recorder that you
threatened me that you wanted to record anything that I
stated today, can you bring it over here so I can put it
next to my mike, please?
HT 3 December 7, 1984
°.s
Mr. David Weaver: Mr. Commissioner, I don't remember having
threatened you with any tape recorder, sir.
Mr. Carollo: Sir, if you haven't, remember that, you're
lying your guts out here today.
Mayor Ferre: All right, Mr. Weaver, please proceed.
Mr. Weaver: Mr. Mayor, Commissioners, first of all I would
like to apologize for the fact that you have not received
your entire document package until sometime last night and
there are modifications which even as late as this morning
have come to your attention. The reason for this is that
the negotiating process which I described on Monday as being
an evolutionary process has continued to be evolutionary,
however, I would like to say that at this time I believe
that all the documents in front of you are in their final
form. What I would like to do, if I may have your approval,
is to go through in a very summary form all of the documents
that you have in front of you and then respond specifically
to questions which were raised in last Monday's meeting by
the various Commissioners and, of course, allow for any of
the Commissioners to ask further questions to which we would
be happy to respond. The presentation package contains the
first item which is the lease agreement between Bayside
Center Ltd. partnership and the City of Miami. This is a
lease agreement which covers 14 acres of Bayfront Park. It
is for 45 years with two renewal options each of 15 years.
possession of the property will not take place until a
series of conditions of precedent have been met. These
conditions are the following: the Manager has the right to
review all construction plans; the Manager has the right to
review both construction and permanent financing, all
governmental permits and approvals have to be obtained; the
UDAG Grant we discussed on Monday of 6.1 million dollars has
to have been obtained; the bond package must have been
finalized with all its appropriate documents and the
Miamarina deal will have to be worked out. It is my
understanding that at the present time a ball park number
has been agreed to between the Rouse Company and the Marina
for a purchase of the Marina's right, that will be the
operator's rights to operate the Marina. This purchase
price is related specifically to appraisals which have been
performed by the Rouse Company, by Mr. Post and by the City.
Under the contemplated terms of an agreement, the City would
agree that the Rouse company could purchase the rights of
Mr. Post for an agreed upon amount which would not exceed
the appraised amount arrived between the three appraisers,
secondly that the City would agree to prepare a request for
proposals for an operator of the marina and at this time
there is only one issue remaining and that is whether the
City would agree, were there no proposers, to purchase back
the marina from the Rouse Company or whether the Rouse
Company will agree to be a bidder. That is an issue which
has not been resolved and so it has been placed as a
condition precedent to formalizing the closing of all the
remaining documents. And finally, two items, first that
Rouse wishes to be satisfied that they can proceed without
having Development of Regional Impact problems. The City
will agree to perform a DRI for an area not limited to the
Bayside Project but including the Park and possibly other
areas of downtown but the City will not assume any liability
for performing any action required with respect to that DRI.
Finally, with respect to the restaurant 4eal, the City
negotiated a purchase price of $2,650,000 for purchasing
Restaurant Associates' rights to Reflections, however, the
Rouse Company wishes to assure itself that* by paying
Restaurant Associates this amount of money for their rights
that they will end up with absolute ownership of the
property so all these are the conditions precedent to them
being willing to close the final bond documents. Yes, sir?
HT
4
December 71 1984
I
s
Mr. Plummer: Not ownership.
•
Mayor Ferre: Ownership of the rights.
Mr. Weaver: Ownership of the lease, not the property,
ownership of the lease. With respect to the financial deal
that we're entering into here today, again to give some
background, what we're dealing with is a project with a
total cost including all tenant improvements of
approximately $140,000,000. We have a project which in its
size is equaled only by South Street Seaport when it is
completed in New York City. It is approximately twice the
size of Harbour Place in Baltimore and approximately twice
the size of Nathaniel Hall, Quincy Market in Boston, both
operated by the Rouse Company. The financial deal is as
follows: The City in its RFP agreed that the City was
prepared to put up to $8,000,000 of City funds to provide
for infra -structure payments to contribute to this project.
In the Rouse proposal, it was agreed that the City would be
obligated not to provide the $8,000,000 but to provide
$4,000,000 of infra -structure, so the first item the City is
obligated to pay $4,000,000 towards tenant improvements
related to infra -structure on the site. Secondly, the
contract may require the City, we're not certain yet whether
the City could be required to complete the Bay fill at a
cost approximated at $500,000, it is not anticipated because
it is hoped the Corps of Engineers is going to pay that.
The City for the lease agreement creates certain City
obligations to Miami Motorsports, Inc. and I intend to go
into those in some detail later on. The agreement obligates
Rouse to pay the greater of 35% of net income available for
distribution or a minimum rental starting in year 1 at
$325,000 going up two years later to $650,000 and
thereafter, after a 3 year period to a million dollars in
1989 and onward. The agreement obligates Rouse to pay
$2,650000 to reimburse the City for the purchase of the
rights to Restaurant Associates' Agreement, it obligates
Rouse to contribute $1,000,000 to the City for improvements
in Bayfront Park. It obligates Rouse to pay one half of one
per cent of the construction funds and $60,000 of the City's
tenant allowance for art in public places. It obligates
Rouse to pay a $100,000 option fee to Miami Motorsports to
move the race from the park to Biscayne Boulevard should
that be determined. It obligates Rouse to pay $50,000 a
year for the first three years - 1986, 1987 and 1988, to pay
one half of the option exercise fee to move the race out of
the Park onto Biscayne Boulevard.
Mayor Ferre: One half of $100,000?
Mr. Weaver: Yes, sir. It obligates Rouse, parent, to stand
behind the project for seven and a half years.
Mayor Ferre: I'm sorry, Mr. Weaver, would you prefer that
we interrupt you as we go along or do we make notes?
Mr. Weaver:
It might
be helpful, sir,
if I were to
get to
the Miami Motorsports
Agreement because
I can detail
this.
Mayor Ferre:
All right, because I need
to understand
that.
Mr. Weaver:
Yes, sir,
perhaps it would
be useful if
I could
S�.
continue and
then you
can ask questions.
Mayor Ferre:
Yes, go
right ahead.
Mr. Weaver:
Finally,
it obligates the Rouse parent to stand
behind the
project
for seven and a
half years
and it
disallows any major transfer of ownership
greater than 1% at
RT
5
December
7, 1984
M
any time during that period and also puts certain
restrictions on their ability to transfer at any time
thereafter.
Mayor Ferre: One per cent?
Mr. Weaver: One per cent, sir. Items 2 and 4 i your
package are the agreements of guarantee between the City and
Bayside Limited Partnership. These obligate the Rouse
Company parent to complete the specialty center and the
parking garage. Item 3 in your package is the parking
garage ground lease. This allows Rouse to design build,
finance and own the 1200 car parking garage. It obligates
Rouse to pay a minimum additional ground rental of $10,000
and to pay a preferential share of net income from the
garage to the City equal to $80,000. This $809000, by the
way, is intended to reimburse the Department of Off -Street
Parking for the net loss occasioned by removal of parking
meters in Bayfront Park and around the Reflections
Restaurant. This money is to be passed through to the
Department of Off Street Parking in a separate agreement
which is listed as Item No. 10 in your package. Item 5
contains the parking garage management agreement. This
agreement hires the Department of Off Street Parking as the
manager of the garage. It compensates the Department for
all expenses plus 3.5% of gross revenues of the garage and
it establishes that parking rates will be set by the
developer subject to the reasonable right of approval by the
City Manager. The Department of Off -Street Parking is hired
by the developer, by Bayside Center Limited Partnership to
run the garage. Item 6 is the minority participation
agreement and this, by the way, breaks a great deal of new
ground for probably any city in the United States and
certainly for the Rouse Company, I understand that it is a
major step beyond where they have ever been in their past
dealings. It establishes certain goals, and I'd like to run
through them very quickly: 35% of the total contract price
of construction is to go to minority vendors, contractors;
50% of all construction jobs go to minorities; reasonable
good faith efforts to fill such jobs by Dade County
residents is required. It is required that they will hire
minority owned consultants and professional firms; 50% of
the leased spaces will be set aside for minority tenants.
The minority job program is set up so that 75% of tenant
employment opportunities will go to minorities. 75% of
project operations positions will go to minorities and 50%
of key management positions go to minorities. And again, in
response I believe to Commissioner Perez's question the
other day and also to Commissioner Dawkins, it is their
intent to make good faith efforts to ensure that those jobs
go to Dade County residents. They also agreed to stimulate
joint ventures between minorities and qualified non -
minorities. They agreed to develop a communications and
outreach program to minorities; they agreed to develop a
financing program for minority tenants and to establish a
minority committee to give advice and consul to the
developer as they go through this process. It also requires
the developer to establish a foundation, and again, we had
some confusion on Monday between the foundation and the
committee. The foundation to provide a loan guarantee
program for venture capital loans to minority firms, to
provide a vocational -educational scholarship fund for
minorities, to provide technical administrat:LV a assistance
to Miami -Dade and the Latin Chambers of Commerce and the
foundation is to be funded by $100,000 or 10% of net income
available for distribution, whichever is greater in each
year, Item #7 is the amendment to the Miami Motorsports
agreement with the City.
HT 6 December 7, 1984
Mr. Perez: May I ask about the minority participation,
about the committee that I suggested at the last meeting?
Mayor Ferre: Commissioner, if you'll just write down the
questions that you have, let's let the full presentation be
made and we'll come back. Please write down your questions.
Please proceed.
Mr. Weaver: Item #7 refers to the amendment to the Miami
Motorsports agreement with the City. This amendment which
you have just received this morning, the latest copy of
which is probably the 4th iteration of this document
completed this week recognizes that there will be
construction activity in the park during 1986 and 1987. It
agrees that the City will modify certain elevations at
Biscayne Boulevard to allow for the race and any other
locations deemed necessary by the City. It agrees to remove
tire tracks from the park, from the Baywalk and other areas
inside the park. It recognizes that the Baywalk area will
be owned by the corps of engineers. It increases the City's
share of net profits of the race to between 12.5% and 17.5%
including income from beer sales and including any impact
and option exercise fees in exchange for services.
Mayor Ferre: 17.5% net?
Mr. Weaver: Yes, sir. It agrees to pay Miami Motorsports
$350,000 by December 31, 1984 and $100,000 per annum as an
impact fee starting in 1985 through the rest of the lease
term because of demonstrated and proven reductions in income
to Miami Motorsports caused by the following: first, a
reduced race course length from 2.5 to 1.9 miles, secondly,
fewer locations for V.I.P. boxes and stands, thirdly,
reduced high excitement areas such as hairpin turns by
Reflections, fourthly, eliminations of Reflections as a
super V.I.P. box and finally, reductions in the total number
of lineal feet of barriers which are available for
advertising. The agreement allows the City to stage a
concert between the races, for example, Julio Iglesias or
somebody that we wish to bring into the City so that we can
recover some of the costs of the impact which we are paying.
It sells the City the option - and this is a critical one
and is not in your package on Monday - it sells the City the
option to remove the race from the park in any given year
and put it on an alternate race course to be located on
Biscayne Boulevard. The price of the removal option is
$100,000, payable on or above January 31st, 1985 and that
removal option will be paid by the Rouse Company. In each
and any year that the City decides to exercise its option, a
fee of $100,000 is to be paid in recognition of further
reduction of the race course by an additional one half mile
to 1.4 miles; second, loss of sanction as an international
race, they will become a national race. Thirdly, a
significant reduction in viewing, advertising and high
excitement locations because of the shorter race and
finally, the City agrees to cooperate with Miami Motorsports
to extend the Biscayne Bay Course around S.E. Banking Center
if that can be obtained and agreed to as a sanctioned
international race in the future. Again, Bayside has agreed
to pay the removal option of $100,000 and during the first
three years - 1986, 1987 and 1988 - has agreed to pay half
of the option exercise fee or $50,000. Thereafter, it is up
to the City if it wants to exercise the fee., however, if
Bayside wants to continue to have it out of. -the Park then
clearly we can go back to Bayside and negotiate their
continued participation, I would think. Item 9 is the
supplemental agreement between Miami Motorsports, Bayside
Limited Partnership and the City. In very summary form, the
three parties agree to cooperate, they agree to agree on a
staging schedule, they agree to negotiate on race related
RT 7 December 7, 1984
events. Bayside agrees to prioritize construction of its
entrance road, Bayside agrees to close the garage for two
days of the race and to rent it to Miami Motorsports for a
nominal fee. Bayside agrees - 5 days. Bayside agrees to
close the Specialty Center to the general public for the two
days of the race, only allowing entry to people who have
paid tickets to the Gran Prix. And Bayside agrees that if
they decide to build a restaurant on area A-5 which they
have the option to do, that they will ...
Mayor Ferre: Rock Garden?
Mr. Weaver: Yes, sir. That they will agree to close it
during the day of the race unless the race operator wishes
to lease it for that purpose. And finally, the City agrees
to remove tire marks and remove and replace pavers as
required at the entrance to Bayside and around the Pepper
Fountain if the option to run the race on the alternate on
Biscayne Boulevard is not exercised. Now, what I would like
to do, if it meets your approval, that is the summary of the
documents that you have in front of you, is go through the
various concerns that were mentioned in the last meeting,
try to address them specifically, and I would like to ask
John Pierson if he could come up and read the specific
language as modified in the contracts and we trust that that
will be satisfactory to you. The first issue that was
raised, I believe by Commissioner Plummer, was the issue of
the casino gambling.
Mayor Ferre: All right, Mr. Pierson.
Mr. John Pierson: The new language appears on page 28 of
the retail lease. It now states: Developer agrees the
developer shall not have the right to use the lease property
for casino gambling purposes even if casino gambling shall
become legal in the City of Miami unless the city shall
previously consent to same in writing, which consent may be
unreasonably withheld.
Mr. Weaver: The second item was the question of the asset
pledge, whether Bayside, whether the Rouse Company could
pledge the assets in Bayside to cover financing on another
project.
Mr. Pierson: That language is now added to page 70. It
reads, developer may not encumber the leasehold estate
created by this lease as security for any indebtedness of
developer...
Mayor Ferre: Mr. Pierson, excuse me. Mr. Weaver, now that
we're getting into the specific requests as mentioned on
Monday by members of this Commission, is it all right to ask
questions one by one? All right, then before we get onto
the second point I want to make sure that Mr. Plummer is
satisfied with this but I would like to ask, legally the
word unreasonably withheld, usually the phrase is
reasonably. Now, unreasonably withheld means that the City
of Miami Commission can unilaterally and arbitrarily
withhold it for any purposes that it sees fit that fits
within the law or outside of the law.
Mr. Pierson: Yes, sir.
Mayor Ferre: In other words if it is just
of this Commission at that time that we want
it can just unreasonably be withheld.
Mr. Pierson: Absolutely.
not the opinion
a casino there,
RT 8 December 7, 1984
>,.. Mayor Ferre: On the other hand, it also points out that if
;.."' we were to agree to a casino there, obviously, there would
have to be a negotiated basis for that. But let me ask you
this question. Suppose it were the Commission's desire at
that time to put that out for a bid, would that be possible
or does Rouse have the right to have a casino?
r:.
Mr. Pierson: It is Rouse's Project, Mr. Mayor, and they
would have the right to continue to run the project, I don't
think you can independently put it out ...
#s Mayor Ferre: That's not my question. Suppose somebody,
p su pose we decided that in the rock garden we wanted to put
a casino next to the restaurant or next to the fountain, or
we would convert the Pepper Fountain to the Pe R, pp Peer Casino,
would it be the right of this Commission, as you interpret
this, to put that out for bids or would it have to be
through Rouse? Obviously, if it is in the Rouse Project
itself in one of their buildings it would have to be Rouse.
a But suppose outside of the delineated area where Rouse has
certain rights ...
y: Unidentified Speaker: You might have to deal with Dan Paul
on that issue.
Mayor Ferre: Well, I"m going to do that too in a little
while.
F=
Mr. Weaver: Mr. Mayor, there is language in this lease that
states that the City may not allow the park to be used for
%i-
an inconsistent use with the purpose of the Rouse Project.
I think they would be hard pressed to take a stand that
casino gambling would be a totally inconsistent use and I
would believe you have the right to put it out for
proposals.
Mayor Ferre: My question again is if it is within the
leased area that Rouse has a contract for under this
agreement, obviously we cannot impose upon Rouse in their
*:
leased area a casino. If we wanted to make, for example,
Reflections a casino that would be impossible. I understand
;.. 1
that. But if the City of Miami Commission wanted to have a
j
casino in the park outside of their leased area and we
wanted to put it for a bid, Rouse does not have preempted
rights or priority rights, would they?
Mr. Weaver:
No, they would not.
Mr. Pierson:
They would have the
right to object and to
__.
attempt to
establish that that use of the park would be
{=' '
inconsistent
with their project, I
don't think they would
have a very
...
;.
Mayor Ferre:
On the other hand, if
the casino were to go in
the Rouse lease area they would obviously have a right of
refutal. I
understand, thank you.
Yes, sir, Commissioner.
Mr. Carollo: I think we need to clarify that in the lease
agreement and be very specific with it because if at some
j point in the future we decide, I mean for any unforseen
reason the City wants to place a casino anywhere near the
Rouse assigned area and they want to object we can
conceivably be caught up in court for some time.- So I would
like it spelled out very clearly that if at any point in the
future the City does decide to have a casino, if gambling is
approved in the State of Florida and the City decides to
have a casino that they are not going to object to it
whatsoever and they waive any rights of objections.
RT 9 December 7, 19$4
a
11
Mr. Plummer: Mr. Mayor, I see two points here. I see the
first point is outside of their lease and the rights that
w they presently have and if the City wanted to do something.
The second point, Mr. Weaver, I don't know that I agree with
this language. There is no question in my mind that - well,
first of all there is no question in my mind that Casino
gambling will never pass and we might be doing an effort in
futility, but just for the case - this wording which is here
in my mind would not give the City the right Lo re-
negotiate. It said unless the City shall previously consent
in writing - that is either the City agrees or disagrees, it
doesn't say that it is mandatory that it must be re-
negotiated and I think that is the case.
Mayor Ferre: Well, but obviously, Commissioner Plummer, if
we don't agree we don't give them consent writing then it
has to be negotiated.
Mr. Plummer: Well, Mr. Mayor, I think that when you put the
word in there that if casino gambling was legalized and was
going to be considered that it would be a renegotiable item
with the City.
Mayor Ferre: All right, I think both of you are saying
basically the same thing and I think it is proper to
memorialize it by passing a resolution of intent here so
that you can add it as an addendum to the contract once
Rouse agrees to it. So Commissioner Carollo so moves ...
Mr. Carollo: Yes, but Mr. Mayor, they might not agree to
it, I mean if we're going to approve the whole thing and
we're hoping for them to agree to something that we've
approved already ...
Mayor Ferre: Commissioner, legally, it is like this: If we
pass a resolution of intent that memorializes the
legislative intent before the agreement is finalized.
Therefore, the signers are bound by it and there must be an
addendum added to it. Is that right, Madam City Attorney?
Ms. Miriam Maer: You're correct, Mr. Mayor.
Mayor Ferre: All right, thank you.
Mr. Carollo: Now, what is the addition that we're going to
include, Mr. Mayor?
Mayor Ferre: All right, I think you worded it properly. Do
you want me to rephrase it or paraphrase it?
Mr. Carollo: But Plummer made an additional statement that
I don't know if it is exactly parallel to what I stated.
Mr. Plummer: No, it is not.
Mayor Ferre: Well, let's rephrase it. The statement that
Plummer made, and motion, I guess, would be that the Rouse
Company acknowledges that if Casino gambling is legalized in
Florida and if they request it, before it is finalized
within their property, they acknowledge that the City
Commission has the final right to approve it and if it is
approved within their leasehold area it must be negotiated
through the City of Miami and approved by this-.Oommission.
Mr. Carollo: Okay, that's one. Mine was outside of their
areas so it is consistent then with what I want to do.
Mayor Ferre: And the second portion of the motion is that
should th City of Miami Commission at its own and sole
Y discretion wish to have a casino within the boundaries of
HT
10 December 70 1984
the whole Bayfront Park area, outside of the leasehold of
Rouse, that it could do so on its own and if Rouse
acknowledges that it does not do any harm to their project
up front recognizes the right of the City of Miami
Commission.
Mr. Carollo: It waives any objection to it in the future.
Mayor Ferre: And hereby waives any objections to it.
Mr. Weaver: Mr. Mayor, if I may comment, Commissioner
Carollo, there may be an inconsistency here with the
negotiating principle which has been agreed to in this
particular area. The concept has been that the Rouse
Company, although it only has a leased area which is the
specific area discussed in this lease, that there is the
possibility of impact upon the Bayside project by other
areas of the park and the principle has been that the City
agrees not to use the park for a use which would be
inconsistent with the current use of the Park and the use of
Bayside. What we would have to do here is get the approval
of the Rouse Company to agree that a casino is not
inconsistent with that use.
Mayor Ferre: That is the sense of the motion. All right,
are we clear on that now?
Mr. Carollo: You're saying the same thing that I am, you
just want to rephrase it, I have no objections to that.
However, Mr. Mayor, I think we have to acknowledge that if
casino gambling does pass and if we decide to have a casino
in that area conceivably that could make more than the whole
Rouse Project combined.
Mayor Ferre: Of course. You know, so that it is clearly
understood and so that the press understands and we
memorialize this, we're not here advocating for or against
casinos. We can do that individually. All we are doing is
making sure that legally, if it should happen, we have those
options. Now, there is a motion on the floor made by
Commissioner Carollo, seconded by Plummer, is there further
discussion? All right, call the roll on the motion of
intent.
The following motion was introduced by Commissioner
Carollo, who moved its adoption:
MOTION NO. 84-1336
A MOTION OF THE CITY COMMISSION
STIPULATING THAT: 1) THE ROUSE COMPANY
SHALL ACKNOWLEDGE THAT IF CASINO
GAMBLING IS LEGALIZED IN FLORIDA, AND IF
THE ROUSE COMPANY REQUESTS TO HAVE A
CASINO IN THEIR BAYSIDE PROJECT, THEY
WOULD NEED THE CITY'S APPROVAL FIRST AND
THEIR CONTRACT WOULD BE SUBJECT TO
RENEGOTIATION; AND 2) FURTHER, THAT IF
THE CITY COMMISSION, IN ITS DISCRETION,
DECIDED TO HAVE A CASINO WITHIN THE
BOUNDARIES OF BAYFRONT PARK, OUTSIDE THE
ROUSE COMPANY'S LEASEHOLD, IT (THE CITY)
CAN DO SO ON ITS OWN, AND THE �OJUSE
COMPANY ACKNOWLEDGES THAT (A) THEY OULD
NOT DO ANYTHING TO HARM* SAID PROJECT,
AND (B) THAT THEY (ROUSE CO.) SHALL
WAIVE ANY OBJECTIONS THEY MIGHT
OTHERWISE ENTERTAIN IN CONNECTION
THERETO.
RT
11
December ?, 1984
Upon being seconded by Commissioner Plummer, the motion
was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
r.'.
Vice -Mayor Joe Carollo
;:;; • -{
Mayor Maurice A. Ferre
-$•`: 1.
NOES: None.
ABSENT: None.
Mayor Ferre: All right, Mr. Weaver, the next item.
Mr. Weaver: I believe Commissioner Plummer raised the issue
about the developer to being able to use this project as
security for its other projects, we have added a sentence o
page 70 which reads as follows: The developer may not
encumber the leasehold estate created by this lease as
security for any indebtedness of developer with respect to
any other property now or hereinafter owned by developer
and/or the Rouse Company.
Mr. Plummer: Question, let me get to another question that
I raised after that on this subject. Who is the developer?
z,.
Mr. Weaver: The developer is a limited partnership.
Mr. Plummer: Of local people? Is it the Florida
corporation or the Maryland Corporation? It makes a big
difference. The local people only own 20% and could not
pledge more than 20% and the Maryland corporation owning 80
could pledge that. It is my intent that no assets held by
either corporation could be pledged to another project. The
P P 6 P J
pledge to this project could be pledged to another project.
Mayor Ferre: You can't deny them the' right to pledge their
Baltimore or their Boston.
:=
..n:..
Mr. Plummer: What I'm saying is, Mr. Mayor, that any assets
°.,.
by either corporation pledged to the Miami project could not
be used to assist some future project.
¢g>1`. '= ?
Mr. Pierson: Commissioner, the developer is a limited
gry�t*:::;,, •:.:.-.
partnership named Bayside Center Limited Partnership and it
consists of local minority members and a company called
-=
:,.
Rouse Miami, Inc. which is a wholely owned affiliate of the
Rouse Company but it is a totally local firm and it is Miami
Rouse, not the Rouse Company.
Mr. Plummer: Mr. Weaver has said that this project will be
a $140,000,000 project. It is my intent that at no time can
those $140, 000, 000 of assets be pledged to another project
by either the corporation locally or nationally.
r :
Mr. Pierson: Commissioner Plummer, the 'tIf
+ Y can't. You
would take a look
Mayor Ferre: In the interest of time, Mr. Pierson, let the
record reflect that that is the clear legislative intent of
this Commission. Now continue. Anybody have any
}
objections? All right, continue.
_
Mr. Pierson: The next issue was the question which was
raised about ad valorem taxes and would the Bayside Limited
Partnership be paying all ad valorem taxes in the Bayside
.#'
area .
---
Mr. Plummer: And they recognize that?
RT 12 December 7, 1984
Y Mr. Pierson: Yes.
Mayor Ferre: On the record, please, because
this is an
official record and
would you speak into the microphone when
you answer? And the
answer was?
Mr. Pierson: The answer
is yes, Section 2.6 of
the retail
'
lease agreement and
it is the same section in
the parking
garage agreement.
It requires the developer
to pay all
taxes including ad
valorem taxes on all of
the lease
property.
Mr. Plummer: All
right, the reason I interjected that,
` there was a developer further south to the other end of the
Park who bought a piece of property and boasted about how
much he spent, yet, when his tax bill came, he said that was
ludicrous, it was completely out of proportion - I'm not
going to pay anything. Okay? I will not deny them their
right to an adjustment hearing if they so see fit but I
think where it has been put on the record that you're
talking about X number of dollars, that they will be paying
.;: .
proportionately ad valorem taxes any other property holder
would.
Mr. Pierson: Commissioner, they would be in default under
this lease if they didn't pay the taxes.
Mr. Plummer: That's the only reason I brought it up.
Mayor Ferre: Next.
Mr. Weaver: The next was a question which I believe was
.'-.:
raised by Commissioner Dawkins which related to the minority
agreement and the 4/5th vote that you requested be changed.
Mr. Pierson: Commissioner Dawkins, we have added the
r,'...
language that you requested which states that this amendment
cannot be amended or modified without the consent of a
4/5ths vote of the Miami City Commission.
Mayor Ferre: I think that was only reference to minority
(;
policy, limited to that. Okay.
Mr. weaver: The next issue was the question of Dade County
residency for people working on the Bayside Project.
Mr. Pierson: Commissioner Dawkins, we have added language
which states the developer agrees that where practicable and
with the cooperation of applicable labor organizations
developer will make reasonable efforts to fill such
construction jobs by Dade County residents.
Mr. Weaver: The next issue was that Commissioner Plummer
was concerned about the number of days of operation in any
l' t •`
given year of the center.
1
n�
Mr. Dawkins: Before we leave the minority
y participation,
what happened to the - not what pp happened, but explain to me
why we've got a 50% minority set aside and we only
�..:
Kw
negotiated at 35% minority set aside.
Mr. Gilchrist. I believe you are making a rderence to two
different areas of the minority participation agreement.
One has to do with the construction contracts and that is
set at 35% set aside and in the tenants to occupy the center
it is set at 50x
Mr. Dawkins: Madam City Attorney, did not this Commission
pass a resolution that stated that there would be a 50% set
aside, 25% Latin and 25% black?
RT 13 December 7, 1984
:.w
Ms. Maer: That resolution concerns contracts for the City.
Mr. Dawkins. Is not the Rouse Company a contract with the
City?
RCS`
Ms. Maer: The resolution referred to the construction
contracts for the City.
Mr. Dawkins: Well, then the construction of the Bayside
Project is not a construction project with the City?
Ms. Maer: This is a contract under the unified development
ordinance for the entire construction, design, management
and operation of the center. It is not the contract for the
construction services to which that resolution specifically
applies.
Mr. Dawkins: All right, let me be sure I'm understanding
you. You said that the ordinance deals with construction
eontraets. is that errant?
r = Ms. Maer: Yes, sir, only. It doesn't apply to design, to
management, to operation of the specialty center, it only
applies to construction contracts.
Mr. Dawkins: I've said it before and I'm going to say it
again here today. I'm not interested with ownership until
after we build it. Now, in the construction - you have to
construct it before you can operate it. So now, is this a
construction contract or not?
::.
=.
Ms. Maer: This is the developer's construction contract,
}`
this is not a City contract for construction services. That
`a^
resolution applies to construction contracts between
the
City.
S4 }A
Mr. Gilchrist: Commissioner, let me suggest also that
it
should be understood that the construction contract for
the
Ba side is totally private funding b the Rouse Company
y g Y P Y
on
City leased property.
Mr. Dawkins: Okay, what does the UDAG grant?
Mr. Gilchrist: The UDAG Grant is to be used only
in
*ryy`
Bayfront Park, to no part of Bayside
„;k
Mr. Dawkins: Okay, is not the UDAG Grant a part of
the
agreement for the total package for Bayside?
Mr. Gilchrist: It is, yes, sir, but it ....
Mr.
Dawkins: Wait a minute, now, listen to
me. See, you're
doing
just like most black people do, you take the parts of
the
Bible you want and you leave the rest.
Now let's take
the
whole Bible or none of it. Now, are
we going to work
with
the whole Bible or none of it?
Mr.
Gilchrist: Sir, the UDAG funds will be
constructed, and
r
they
are public funds, and the City will ...
A Mr. Dawkins: No, I don't want that part, I want to know one
thing - when you add the UDAG Grant to this ;does this make
up the total package?
Mr. Gilchrist: Well, I'm not quite sure that that is true
p because the UDAG Grant ...
Mr. Dawkins: Hold it then, then hold it. Then can they do
it without, are they going to do it without the UDAG Grant?
RT 14 December 79 1984
-
Mr. Gilchrist: No, Sir.
Mr. Dawkins: Well then it's not totally private.
Mr. Plummer: Well wait a minute, you also have $4,000,000,
s.
don't you also have $49000t000 that the City is
contributing?
Mr. Weaver: Yes, the City is contributing $4,0000000 of
taxpayers money for specific infra -structure *Go* Not this
is important, Commissioner'.
Mr. Dawkins: No, it is not important. The only thing
important is that we're talking about a Bayside Project.
Okay? we're talking about a cooperation between the Rouse
Company and the City of Miami to do a joint project. But
you can't come here now and take the parts from it that will
benefit you and leave the parts that are going to benefit
me. If we're going to be in partnership, let's be in
partnership. If we're not going to be in partnership, then
let's don't be in partnership.
Mr. Weaver: Commissioner Dawkins I think that negotiating
principle makes a lot of sense. What we have done here
though is, if you look through the entire agreement you'll
see that in some places the City has agreed to an amount
less than what is specified in the intent of the City and we
have also agreed and the Rouse Company has agreed to
significantly greater minority participation in other areas
which are of far greater importance.
Mr. Dawkins: No, total dollars is important - total
dollars. Let me say this and be through, Mr. Mayor, so I
won't belabor this. According to this agreement 35% of the
total dollars 35% of the total dollars will be spent with
minorities, is that a correct statement? Of construction
dollars.
Mr. Plummer: Total construction dollars?
Mr. Weaver: Of total construction dollars.
Mr. Dawkins: All right. So, now, am I correct in assuming
that 37 divided by 2, 35 gives you 17.5? Is that correct?
Would that be a correct statement? Then am I correct in
saying that 17.5% of the total dollars in construction will
be spent with Latins? Is that a complete statement?
Mr. Weaver: They could be, Sir.
Mr. Dawkins:
No, hell in it.
no, ain't no could be
No,
"J
they will be.
You're in agreement here.
Mr. Weaver:
No, Sir, there is no requirement that it has
to
be split 50 -
50.
Mayor Ferre:
You'd better make that clear.
Mr. Dawkins:
That's right, or else I'm getting ready
to
vote against
this. Okay? I mean I'm going to level with
you. See,
I'm not going to sit here and go through
an
exercise in futility.
Mr. Weaver: No, Sir, nobody has agreed ...
Mr. Carollo: Commissioner, I'm afraid you're correct and
When you're right I'll say it publicly. You're right.
RT 15 December 7, 1984
Mr. Dawkins: If this stuff you say here, 35% of the total
contract price without duplication of all construction
contracts to be awarded to minority business enterprises
included but not limited to subcontractors and laborers -
that's what you say here.
Mr.
Weaver: That is correct, sir, I'm
not questioning that.
All
I'm saying is that your division
of 35% by 2 is not in
any
place indicated or referred to in
this contract. There
is
nothing that says that that 35% has to be divided by 2
and
that 17.5% has to go to blacks and
17.51% to Latins.
<` `
Mr. Dawkins: Okay, just one minute. Bear with me one
minute here. What page is minorities on in here?
Ms. Maer: It is naae 5 toward the end.
Mr. Plummer: Conceivably, Mr. Weaver, what is being said is
that all of that 35% could go to the black, that is
conceivable, or all of it could go to the Latin?
Mr. Weaver: It could all go to black, it could all go to
Latin, it could be divided any way that anybody sees fit.
Mr. Dawkins: All right, on the record, it says here ....
No, in here you define minorities somewhere, what page is it
'
on?
Mayor Ferre: It uses the federal definition.
Mr. Gilchrist: Page 3, sir.
Mr. Dawkins. Okay, I have it. Thank you. Now, on the
record it tells me minorities means black HispanicAsian
and Pacific Islanders, American Indians or Alaskan natives.
•;;;=..'
On the record, tell me how you're going to divide that 35%?
Mr. Pierson: Sir, I'm not going to divide it.
Mr. Dawkins: Well tell me how Rouse is going to divide it.
x i asi-..•xr
Mr. Pierson: I don't know, sir.
Mr. Dawkins: Well, then you're not telling me about how
minorities are going to share minorities, see, are going to
share in this money.
Mr. Pierson. That's correct, sir.
Mr. Dawkins. Mr. Mayor, I cannot in good faith, as much as
u
I like this project, sit here and let them tell me that we
as a Commission voted that construction contracts would be
divided equally to share 50% by blacks, 50% by Latins. 50%
- Yx.
;��;'��:•�;
of 35% is 17.5%. I've said since the very beginning that
expected that we all would share in this project and unless
they can assure me that this means that 17.5% of the total
dollars in this project will be spent with Latin
,.,
construction and 17.5% with black then I don't see how they
in good faith can stand here and tell me that this is a
=�
minority agreement for minorities in Dade County.
_- ;.-X Z.
Mayor Ferre: All right, now I want to express my opinion on
this. Mr. Weaver, may I say something or do..you want to
make the motion before I say it?
Mr. Plummer: No, sir.
Mayor Ferre: Mr. Weaver, as I understand it, the Rouse
Company in their negotiations have been dealing in good
,4.
y. faith.
HT 16 December 7, 1984
;ot,
Mr. Weaver: Yes, sir.
Mayor Ferre: In addition to which, as I understand it, this
is a first for the Rouse Company, they have never
memorialized anything like this in any contract. Is that
correct?
Mr. Weaver: That is correct to the best of my knowledge.
Mayor Ferre: Thirdly, the Rouse Company has a consistent
record in their major projects at both Harbour Place and
Fanieul Hall in Boston of dealing beyond the percentages
that would normally be expected and have gone out of their
way and have, in fact, developed minority participation in
vendors. Is that correct?
Mr. Weaver: Yes, sir.
Mayor Ferre: Fourthly, I have this question for you: The
construction - this is supposedly a $90,000,000 project, is
that correct? With the garage it will go up over
$100,0009000.
Mr. Pierson: With the garage it is $93,000,000 and with
tenant improvements it is close to $140,000,000.
Mayor Ferre: Okay. Now, as I understand it, in this
$93,000,000 and $140,000,000 with tenant improvements, how
much of that is estimated, roughly, to be the construction
cost? Because obviously there are a lot of financial
expenses and other things, of the $93,000,000 what is the
guesstimate?
Mr. Weaver: My guess is about $70,0009000.
Mayor Ferre: $709000,000 and with the tenant improvements?
Mr. Weaver: Tenant improvements are probably in
construction, I would guess around $2090001000 to
$25,0009000.
Mayor Ferre: So we're talking about everything included
$90,000,000 of hard construction cost. Now, that is
somewhat over $30,000,000, if we're talking about if we
split it $15,000,000 and $15,000,000. Now, I understand,
fifthly .... of $90,000,000, 35% ... Well, we're talking
about 35% right now. that is where we are at the present
time. Now, Mr. Weaver, as I understand it, in addition to
the construction, there are other minority requirements
which to me are significantly more important, and let me
explain what I mean by that. 75% of the operations
positions will be minorities, the operating positions.
Mr. Weaver: That's correct.
Mayor Ferre: And 50% of key management will be minority
positions.
Mr. Weaver: That is correct.
Mayor Ferre: And as I understand, 50% of the vendors will
be minority, is that correct?
Mr. Weaver: That is correct.
Mayor Ferre: Now, let me ask you, what is ....
w
Mr. Weaver: And 50% of all construction jobs.
RT
17
December 7, 1984
Mayor Ferre: All
right, and all construction. But the
#f_„
important thing is
the vendors, that is what I want to kind
'`--
of home in on a little
bit. Now how much
is the estimated
sales of the Ba side
Y
Project if it follows
�
the pattern that
<>
Rouse expects it to
follow? Say in a year
or five years or
ten years.
Mr. Weaver: It is
approximately $400 per
square foot, so
about $80,000,000.
Mayor Ferre: That is what we are shooting for is
$80,0001000 a year. Now, if the vendors are half
minorities, $40,000,000 a year sales will be in the hands of
minorities, is that correct?
Mr. Weaver: Yes, air.
Mayor Ferre: Now, I commend Commissioner Dawkins in his
position and I support him on it. All right, I will be
voting with you on that resolution. I do think that the
more important aspect, Commissioner Dawkins, is not the
fleeting construction of one year but what will be happening
there for a long period of time year after year after year
and with that I rest.
Mr. Weaver: May I say one other thing, Mayor and
Commissioners? We have not discussed in any detail, we have
not negotiated, and this may be an error on our part of the
negotiating team, establishing any specific percentages by
which that 35% could be broken down.
Mr. Plummer: That's his concern.
Mr. Dawkins: I'm not going to make a motion. Mr. Weaver
and all others, all of us here have worked damned hard to
see this come about. Okay? You and no one else is going to
convince me that eating the hog is better than fattening the
hog. Okay? So how, one of you gentlemen explain to me how
are blacks and Latins in this City going to be able to
participate in the ownership if they have not worked in the
construction to obtain money in which to buy into ownership?
Mayor Ferre: It's not the"same people. The people that are
going to be constructing aren't going to be running flower
shops.
Mr. Dawkins: But Mr. Mayor, in the City of Miami in the
black neighborhood there is no financial base. In the Latin
neighborhood they are going to be able to go and pick others
but unless somebody, and this is just my personal opinion,
in the black community gets some jobs and some contractors
get some contracts with which to have some money to reinvest
in ownership it's not going to happen. Now, maybe the Rouse
Company has, as Joe always says one of those federal
projects, ... CETA or something, now maybe they've got one
of those programs where they're going to take black people,
fund them, teach them and put them in business or loan them
the money but unless, without capital, we cannot have any
ownership. Now tell me how we are going to get the
ownership without the capital.
Mr. Carollo: I think the Commissioner is right on target,
Mr. Mayor. This has been the basic problem here in Miami.
There is practically no black owned busineslfes and that is
where the power lies. When you see blacks being able to own
their own businesses that is when you start seeing the
change. Everything else is going to be a lot of rhetoric.
You hear people talking about well, we're going to have so
many jobs, so many of this but the bottom line is when you
own the business and 1 think the Commissioner has hit this
RT 18 December 7, 1984
;fir "
right on target and we have to find a solution for that. It
is just not enough, I don't think, to say yes, half of the
businesses should go to blacks. Well, if there is no
capital for black business people to be able to buy their
own business to go and get financing. It's just not going
N` to happen.
^.... Mr. Dawkins: I have no further discussion, I do not believe
this will come about but I not going to be the one to sit
here and have them say that I killed this project but I will
be here that I told you this would not come about.
Mayor Ferre: If I may, Mr. Weaver, just one last comment
that I want to make on this general subject. Obviously
you've heard now from three members of this Commission, and
I'm sure that the other two, even though they have not
expressed themselves will and are in concurrence. I do
believe, unlike my colleague Joe Carollo, that there is
ample good faith on the part not only of the Rouse Company
but of the business community to make sure that this becomes
a major watershed breakthrough in this community. I think
we saw that when Wednesday Mr. Charlie Babcock got up and on
behalf of the business community said that all of the
available funds that the Business Assistance Center, the BAC
has at its disposal will be utilized strictly for the
purpose of creating black — and he didn't say minority, he
said black entrepreneurship. I would point out that we also
have a vehicle which the City of Miami has been successfully
utilizing where over 80% of the loans that have come outfrom Miami Capital in the beginning and this year the
m pattern has continued, has gone to black business people.
r:= Furthermore, and lastly, the same poverty that afflicts
black people in Miami affects black people in Baltimore and
I think there is ample evidence that the Rouse Company has
worked with black entrepreneurs in Baltimore and I
' personally, and I think when we were there, Miller, and you
and Howard and I think you were there, Mr. Weaver, and when
we went over that I went over those records with them and as
I recall, in Baltimore when you talk about minority you're
talking about blacks. There was well over 25%, as I
remember, of the shops were owned by black owners.
Mr. Dawkins: Mr. Mayor, let me say one thing before you go.
Mr. Weaver and the Rouse Company, I care less about the BAC.
All right? I want you to make the BAC for the black people
.14
the same as the BAC for other people. You know what the
Business Assessment Center is for other people? Southeast
' National Bank, Pan American Bank, First National Bank, Miami
Bank, those are the BAC's for other people. Don't sit a
group, an arm out here coming back to what I said that
you're going to say that this is a BAC and I'm going to
assist you. The BAC with that little bit of money, the
== can't do what we have to do. So now, if you're talking
:=` r about assisting then you go get some commitments from the
rest of the financial world in Miami that they are going to
help you to finance these businesses and make them go. I
don't want a BAC for black people, I want black people to
have access to the same BAC that everybody else has.
y Mr. Weaver: Commissioner, may I say to Commissioner
{ Dawkins, Mayor Ferre and Commissioner Carollo that it is my
personal assessment and my personal conviction that it is
the intent of the Rouse Company to do everyxbing in their
` power to provide the maximum opportunities that they can
possibly create for minority employment and minority
business opportunities, I draw to your attention their
foundation which provides a loan guarantee program for
'r venture capital loans, it provides a vocational educational
=± scholarship fund, it provide technical assistance, these are
lN'r areas where all I can say is that my appreciation, my
assessment is that they are operating in good faith.
RT 19 December 7, 19$4
a
Mr. Carollo: Well, we're not necessarily questioning their
good faith, what we're saying is, I think, and 1 think I
speak for Commissioner Dawkins in this also is that it
'
probably is going to take more than just good faith, it is
going to take some guarantees and, you know, hearing all of
W}.'..
this I can't help but to think about Metrorail. Remember
`...
that story? What ever happened to Metrorail? It didn't
there
quite work out like it was supposed to and was nowhere
'.:
near the amount of contracts going to blacks and the amount
of jobs going to blacks that were promised in the beginning
`..,
and I'm sure that all the people that were involved in this
had good intentions. this is why I"m saying it is going to
take more than that and you know, let me lay it out as
clearly as I can. The Commissioner talks about some of the
lending institutes that should be involved, well, what I see
is such a hypocrisy from the so-called downtown power
structure that says, "Oh, yes, it is great for blacks to own
a little grocery store in Liberty City and Overtown, yes,
we've got to help them out there" but once that black
businessman crosses the line and he is going to open a
..:
grocery store next to one of their grocery stores and he is
r;..;..,.
going to compete against them oh, that is a different story.
They don't want to help them. And this is the hypocrisy
that I see. Now, if this is going to succeed as we have
f'.
discussed here today, then I think we can go out and get
some guarantees from a lot of these people that have been
screaming for so many years that they want to do so much to
help Miami's black community. Let's go and get the
x
guarantees from Southeast Banks, the Pan American Banks and
Commissioner
''=`"
other lending4. g institutions such as the
moo,
```-'
mentioned. This is the time to put up. You know talk is
'=.' ....
cheap, actions are not. This is the time for all this power
structure downtown that wants to rule Miami to show their
good faith and put up their dollars to make this a reality.
Mr. Weaver: Commissioner Carollo, I would like to make one
last comment and that is that I believe that what you have
"
here is precisely what you and Commissioner Dawkins are
asking for and that is you have a contract. You have an
agreement with the Rouse Company which clearly and
unequivocally states what they are going to do and while I
j
understand your concern, Commissioner Dawkins, with the 35%
number and not setting aside specific proportions of that
for black and Latin what I can say to you, sir and
{<
Commissioner Carollo, is that- what you have here is a
specific contract which is intended in my best judgment by
the Rouse Company to provide a realistic opportunity for
them to be measured specifically measured against specific
41, 11
guidelines that they have agreed to.
-#
Mr. Carollo: Yes, but what is going to happen, I
can just
see it, representatives of the company are going
to come
".
back to us and honestly tell us, "Hey, look,
we did
everything we could but, you know, we just can't find enough
blacks that have the capital to bring into the
project,
there is nothing else we could do". So this is the
point in
time now to solve that and make sure that we
find the
capital when the people in this community that
have the
6zG' i.
capital to make sure this becomes more than just
a lot of
is and is on paper.
Mayor Ferre: All right.
Mr. Weaver: Next item? We'll go back to the issue of
continuous operation. In the original agreement it referred
to 220 days, that number, I believe, resulted from
conversations with the Commission in the June, 1984 Meeting.
We have changed that language to reflect a reasonable number
of days of operating.
RT 20 December 7, 1984
to
.;
N:
a
q
Mr. Pierson:
and agrees to
with prudent
operation set
month use in
profitability.
It reads presently: ...developer covenants
continuously operate the project consistent
business practices and the standards of
forth in Section 4.2 hereof considering 12
order to achieve a reasonable level of
Mr. Weaver: I underline the word continuously, sir.
Mayor Ferre: All right, any questions on that? All right,
next. That covers it, J. L.
Mr. Plummer: Yes.
Mayor Ferre: Go ahead.
Mr. Weaver: Commissioner Plummer, I believe you raised the
next issue concerning future development at the project.
Mr. Plummer: No, you already answered my future
development - oh, yes, any renegotiated after the initial.
Mr. Weaver: Well, the answer is it lies in the financing
paragraph. The only thing that they can finance out on this
project right now is the current project and if they want to
come along to finance anything else they need to get our
approval, they cannot really build anything and finance it
without coming to the City.
Mr. Plummer: That's fine.
Mayor Ferre: All right, next.
Mr. Weaver: I believe that was the only thing, with the
exception of the ... Commissioner Perez had mentioned that
he wished to establish an overviewing body to advise the
Commission on the operation of the foundation ...
Mr. Perez: Not to advise, to supervise and to inspect, but
I think we don't need any other body to advise, I think we
have the foundation and we have enough advice. I think that
the motion that we approved here said a motion of the City
Commission appointing a five member committee, that is a
motion that we already approved on December 3rd to inspect
and supervise, not to advise the minority participation
agreement for the Bayside Project in order that the City
Commission might be fully appraised of pertinent information
in connection with all aspects of implementation of said
minority participation agreement. Do you have any
guidelines or any rules or anything about this?
Mr. Weaver: No, sir, that is fine as it stands.
Mr. Perez: But I think that first of all I would like to
share ... the other members of the Commission and especially
in the Spanish community, about 15 or 17 years ago we had
the same experience with the Cuban Shopping Center on N.W.
22nd Avenue and 14th or 17th Street. We had about 20
Spanish businessmen who tried to establish a small business
operation there and at the end they lost the business, they
lost the credit, some of the people had to leave the country
and they didn't receive the proper technieArl assistance,
they didn't have any kind of support and I share 100% what
we have coming here today in favor of the blacks, the Latins
and all the minority groups and we have to insure what would
be the minority participation. Mr. Mayor, I think it would
be better to postpone this issue for the next meeting, no?
In order that they have proper explanation, something that
satisfies the members of this Commission. At this time I
don't think that I am ready to vote on this contract.
I
RT- 21 December 7, 1984
0
0
Mr. Carollo: What I think might be in order, `fir. Mayor, is
for the City to work together with the Rouse Company, and
we can maybe appoint someone that well someone like Alvah
Y p p r �
Chapman that has the ear of so many people to come back with
some concrete solutions and examples of how they are going
to accomplish the goals that we have set here today.
Mayor Ferre: All right, I would like to come back to this
issue, and let's see if we can get everything else behind us
and then we'll come back. While we're here meeting, there
are some other questions that I have that I would like to
clarify and ...
Mr. Weaver: Mr. Mayor, could I interrupt you for one
second? I think we had not understood that there was to be
any specific response other than ...
'.
Mayor Ferre: Mr. Weaver, no, you may not interrupt me.
We'll continue on the other subjects and we'll come back to
'
this.
Mr. Carollo: Mr. Mayor ...
Mayor Ferre: If I may, please, I'd like to have some other
questions answered and then, Commissioner, I'll recognize
you or somebody else to continue discussing this issue that
you brought up. Now, we'll come back to this issue in a
moment. Now, would you conclude whatever other remarks you
have.
Mr. Weaver: We have finished.
Mayor Ferre: Then I have and others may have some other
questions. Now, with regards ...
Mr. Weaver: There was one other question, sir.
Mayor Ferre: Go ahead.
T.::`•.:
Mr. Weaver: that was the list of all the future projects,
current projects under consideration by the Rouse Company
and I would call on Libby Marshall for that.
Mayor Ferre: All right, Ms. Marshall.
Mr. Weaver: If you would like, we can either read that at
the present time or we can put it in the record, whichever
4'
�s:,�,-�
you wish. It's a long list.
Mayor Ferre: Well tell me the essence of it.
..
Mr. Plummer: Furnish it in writing, that's fine, just send
tt
us a photostat.
Ms. Libby Marshall: I have an annual report that diagrams
each of our projects that have been constructed, contained
w.,-.
within the text is an overview of each of the projects
u
proposed for the coming years and a slight description.
Mayor Ferre: We will have copies of that made for all
members of the Commission or is there just one copy? All
right, Mr. Weaver, is there anything else of -"the questions
asked on Monday?
Mr. Weaver: I don't believe so, sir.
Mayor Ferre: All right, now I have some items that I need
clarification on. The question of, by minority ownership I
don't mean racial minority, I'm talking about the 20%. As I
RT 22 December ?, 1984
1€s
understand it any more than a 1% transfer must come to the
Commission for approval?
Mr. Weaver: That is correct, sir.
Mayor Ferre: Now, with regards to the DRI process,You have
t.�V • ::
not discussed in sufficient detail for me the DRI process as
we stand as of today and that is a very touchy area.
Mr. Weaver: Yes, I understand that, sir. The DRI process
as it stands today is that we have had conversations in
Tallahassee, there is an indication by the State that they
do believe that with the Park included in the overall
project which it is because of the UDAG Grant, that the
entire area is subject to approval as a Development of
Regional Impact. The position which the City has taken in
its negotiations has been first that Rouse will not execute
the final closing documents until such time as it has
satisfied itself that it will have no obligations under the
Development of Regional Impact and the City agrees that if
it is required to perform a Development of Regional Impact
study it will do so but the City assumes no liability of any
kind for performing requirements which result from that
study.
Mayor Ferre: All right, that clarifies it because I think
it is essential, and I don't want to get into a discussion
or criticism of Dr. DeGrove or of any of the things that are
=:r
coming out of Tallahassee, but it seems rather late in the
.4,_.:.
game for them to start pulling these things on us especially
E:.. r:.
after we got a UDAG approval. If the State and the Federal
"' ``
Government have problems between themselves and if the State
of Florida has a problem with the Reagan administration and
how they go about granting UDAGs I think it is unfair and I
think it is totally unacceptable for them to take Miami once
again for the whipping boy to clarify their problems with
Washington and I think it is, I am frankly surprised,
disappointed and on the verge of being shocked that what I
think is a totally unwarranted late last minute move by Dr.
DeGrove to once again interfere in the process cf local
government. I think it would be fair, had the State come up
with these considerations early on, but as I understand,
this is just in the last couple of weeks that this has
arisen and I'm perfectly willing, as one member of this
Commission , to g0 along as long as their requests are
reasonable and as long it does not either kill or delay this
tro ect. Now as I understand it what you're saying is
hat we will be required to go into a DRI, the City of Miami
-;;
will be paying for the DRI and I think that the DRI should
be a larger DRI than just the Bayside Project, obviously, I
think it should take the whole waterfront into consideration
all the way up to McArthur Causeway or whatever, that is
something that this Commission will have to deal with later
j
on, and I think we should be paying for it, I have no
-L
with that. problems
p at. I do think it is unfair for it to be
applied retroactively. We live in the United States of
America and we are guided by western law and you do not
apply laws post facto. I think it would be unfair to go
back and penalize anybody post facto for something that
wasn't said up front. Now, it does also seem to me that we
' {
should not be held liable or responsible for any solutions
that the DRI may call for as far as Bayside is concerned.
Now, as far as the rest of the property t�at we will be
DRI'ing, I think it is appropriate for the State to put some
"'`'
restrictions on us in the future but not in the past and I
-°
just want to leave that record totally clear that it is our
legislative intent,
we understand what the issue is, it has
i"
been put into the record and we are moving with that
understanding. The question of the UDAG, now I know, Mr.
Weaver, that this is a sensitive issue with the negotiating
HT 23 December 7, 1984
team and with Rouse. I think it is important that we put
into the record the concern, let me be diplomatic and
tactful about this. The concern that we have, it is my
assumption that we are talking with 1984 UDAG funds. We're
not talking about either 85 or 86 UDAG funds.
Mr. Gilchrist: Sir, we have a letter committing from HUD
that we would get this UDAG grant. However,''the funds are
to come out of the January 85 round.
Mayor Ferre: Yes, I understand, but you see, the problem
with all of this, Mr. Weaver, that the UDAG-funding will
d to go through a DRI process
be in January but if we need
then I think there is a question as to whether or not UDAG
will fund until the DRI process is finished and since there
is a time lag in that I think it is important that we put
into the record our concern to Governor Graham that because
of Dr. DeGrovels last minute insistence on all of this that
in effect because they want to clear up their problems with
Washington and the Department of Housing that we are in a
very tenuous position. I think it is incumbent upon our
good congressmen, Claude Pepper and Senator Paula Hawkins in
particular to help us with Secretary Pierce and to that end,
I would commend to you, Mr. Gilchrist, that we do have on
retention Mr. Arthur Teale who represents us and which we
are paying over $3,000 a month to represent us in
Washington, and since he is personally close to Secretary
Pierce, that it is important that we very very quickly move
with Mr. Teale and Secretary Pierce and our congressional
delegation and eventually with Governor Graham because
Governor Graham cannot be responsible, as his friend and
supporter I would hope that he would not be the person
responsible for the potential loss of an important UDAG
grant and I want to pout it on the record. And unless
51
anybody has any objections, you are so instructed to do this
as of Monday. Now, my next question is the $80,000 loss of
parking meters and the funds for the parking meters. Now,
for how long will that be?
Mr. Weaver: Sir, that is for the length of the lease.
Mayor Ferre: For the full length of the lease. So in other
words it is the 45 plus 15 plus 15.
Mr. Weaver: Yes, sir.
Mayor Ferre: So in effect, it is $80,000 a year for 75
years.
Mr. Weaver: Which, sir, is funded, potentially funded, I
should say by the first $80,000 of profits from the parking
garage. The first $80,000 comes to the City.
Mayor Ferre: Mr. Weaver, I hate to do this to you because I
know you are a distinguished member of the off -Street
Parking Authority, but let me tell you sir, that going back
to our good friend Mitchell Wolfson, may he rest in peace,
Col. Wolfson always told us that the reason we could not
Roger,
with these meters listen to
tamper you'd better
this - the reason we could not tamper with these meters was
because it would affect the bonding pledge since the revenue
from those meters was pledged for bonds. Is that correct?
Now, Mr. Carlton, on the record, would you ;tell us what
particular bond are we talking about. Is there a specific
bond where that is pledged?
Mr. Roger Carlton: Sir, there were three individual bond.
issues which last year you refinanced which now is one bond
issue.
RT 24 December 7, 1984
0
Mayor Ferre: It is one bond issue. What is the life of
that bond issue, sir?
Mr. Carlton: Twenty-eight more years, I believe.
Mayor Ferre: All right, sir. I now move that the $80,000
be limited to the 28 years of that bond issue. I so move.
--;-::
Mr. Plummer: Second.
The following motion was introduced by Mayor Ferre, who
moved its adoption:
MOTION NO. 84-1337
A MOTION OF THE CITY COMMISSION
STIPULATING THAT IN CONNECTION WITH THE
BAYSIDE PROJECT PARKING GARAGE, THE CITY
SHALL ASSUME ULTIMATE RESPONSIBILITY FOR
klf :y -
THE PAYMENT OF $809000 YEARLY TO THE
3.r:'''
OFF-STREET PARKING AUTHORITY IF THE
ROUSE COMPANY WERE UNABLE TO PAY SAID
MONIES TO THE OFF-STREET PARKING
AUTHORITY DUE TO THE FACT THAT NO
{
PROFITS WERE OBTAINED FROM THE PARKING
GARAGE; HOWEVER, THE CITY SHALL ONLY
n•,
ASSUME SAID RESPONSIBILITY FOR THE
,rr ,.....
REMAINING 26 YEARS OF THE BOND ISSUE;
SUCH YEARS REPRESENTING THE LIFE OF THE
BOND ISSUE TO WHICH REVENUES FROM CITY
PARKING METERS HAVE BEEN PLEDGED.
Upon being seconded by Commissioner Plummer, the motion
was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
'. Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
,..
ABSENT: None.
Mr. Plummer: What about the remaining years?
Mayor Ferre: There is no payment beyond that. We will only
pay ...
Mr. Plummer: No, we're not paying.
Mayor Ferre: the entity will pay $80,000 to the Off -Street
Parking Authority for the loss of revenue during the time
that there is a pledge of bonds. If that is 28 years, that
is the limitation as to how long we will pay it.
Mr. Weaver: Sir, in the agreement with the Parking
Department, the City assumes responsibility for paying that
$80,000 and the entity pays the City the first $80,000 of
profits from the parking garage. However, if there are no
profits, the City is still obligated to pay that $809000 to
the Parking Department.
Mr. Dawkins: Until the bond is paid off.
Mayor Ferre: Until the bond is paid off.' All we've done is
to limit it to 28 years, the length of the bond, whatever
the length of the bond is as currently financed because if
you re. -finance it in 10 years and extend it for 30 years it
doesn't cover you for that.
RT 25 December 7, 1984
Mr. Weaver: Insofar as I can speak for the Parking Board,
that is acceptable.
r.::. •>:
Mayor Ferre: All right. Now, with regards to the
ownership, the fee title to the parking garage itself is the
e
City of Miami or the Off Street Parking Authority?
P,
t> '-
Mr. Weaver: No, sir, it is neither of the two. It is the
developer.
Mayor Ferre. Who owns the garage?
Mr. Weaver: The developer owns the garage. The developer
M`~ "
is financing the garage, is building the garage and owns the
garage.
Mayor Ferre: All right. When does the garage ever revert
back to the City?
Mr. Weaver: At the end of the lease sir.
Mayor Ferre: All right, that's what I wanted clear. I have
a question on the foundation. Mr. Weaver, my notes are
k..,
cryptic, as they sometimes are and that is why sometimes I
keep them and sometimes I don't. I wrote down here
foundations bd sequence and I couldn't remember what in the
world foundations bd sequence means. The foundation, and I
'?
was thinking of building foundation, the foundation is the
entity that we're going to create, there are 15 members
appointed, 5 by the City, 5 by Rouse and 5 by whoever is
left. Now I would like to make a motion so that it is
clearly understood that the entity, what's it called?
Mr. Weaver: Bayside Center Limited Partnership.
Mayor Ferre: The Partnership will select their members
v,,.•
first before the City of Miami selects its five members andso
move.
Mr. Dawkins: Second.
Mayor Ferre: Under explanation, so that the record will
reflect what the intention of that is. If by any chance
the Partnership selects five people where there are no
minorities, no Hispanics, no blacks, no women, that will
give the City of Miami Commission an opportunity to balance
it and so that future Commissions will remember we're going
to memorialize in here that that is the intention of this so
that we will have always a balanced foundation and that is
the purpose of this.
Mr. Perez: Motion understood? We have a motion and a
RT 26 December 7, 1984
C P�
AW
a�
second. Call the roll.
The following motion was introduced by Mayor Ferre ,
who moved its adoption:
MOTION NO. 84-1338
A MOTION STIPULATING THAT REGARDING THE
FIFTEEN (15) MEMBER FOUNDATION TO BE
FORMED IN CONNECTION WITH THE BAYSIDE
PROJECT, THE ENTITY ("BAYSIDE CENTER
LIMITED PARTNERSHIP") SHALL APPOINT THE
FIVE MEMBERS WHICH THEY ARE ENTITLED TO
APPOINT, AND THEN THE CITY OF MIAMI WILL
APPOINT THE FIVE MEMBERS WHICH IT IS
ENTITLED TO APPOINT, IN AN EFFORT TO
ENSURE THAT THERE IS FAIR MINORITY
REPRESENTATION AND BALANCE I THE
COMPOSITION OF SAID FOUNDATION.
Upon being seconded by Commissioner Dawkins, the motion
was passed and adopted by the following vote -
AYES: -Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
Mr. Dawkins: Mr. Mayor ...
Mayor Ferre: I've got one other thing and that is the
unions.
Mr. Weaver: Excuse me, sir, one question which Mr. Carlton
just brought up. The on thing that you are doing on the
limitation of the $80,000 City payment to the Department is
to limit the obligation of the City to PAY that to the
Department, you are not obligating, you are not releasing
the Rouse Company from their prior obligation.
Mayor Ferre: Of course not.
Mr. Weaver: I would like to have that on the record.
Mayor Ferre: Yes, thank you. That is clearly the
legislative intent, it is on the record. Now, I've got one
last question - union. Now, the AF of L/CIO and Building
Trades have been here on several occasions and they have
presented a document which parallels completely what Rouse
agreed to in both Baltimore and in Boston and I want to make
sure that it is the intention of the Rouse Company to do
this, to follow that process, assuming that there are
advantages on both sides. It will be guaranteed that there
will not be any wildcat strikes, that no matter what
negotiations go on in the building trades that this project
will not be affected during construction. Is that correct?
Mr. Weaver: Sir, in the last Commission Meeting Mr. Jim
Dausch, Vice -President of the Company so stayed but I would
like to ask Ms. Libby Marshall to come up and confirm that.
Mayor Ferre:
confirm that?
Ms. Marshall, would you, on the record,
RT
27
December 79 1984
s
Ms. Marshall: I would just like to confirm what Mr. Dausch
spoke on Monday which is at a practicable time we will be
. more than happy and willing to sit down and work out a
Y trades agreement,
Mayor Ferre: All right, now, Commissioner Dawkins.
Mr. Dawkins: I had said that I wasn't going to vote for
this, but you know the first line of the minority agreement
says that this agreement may be amended with 4/5th vote of
the Commission. Therefore, I will be asking for the first
amendment to this minority participation which will say that
17.5% of the construction dollars will be spent with Latins,
:s ..
17.5% of the construction dollars will be spent with blacks
and 65% of the construction dollars will be spent with local
trade unionists in this area. That is the conditions I'm
voting on this on and I'm hoping that when it comes up for
the amendment to read like this that I'll have the votes to
go with me.
Mr. Weaver: Understood, sir.
Mayor Ferre: All right, are there any other considerations
before this Commission at this time? It's not a public
hearing.
Mr. Carollo: Mr. Mayor, do we have any motions on the
table?
Mayor Ferre: There are no motions on the table at this
time. Are there further considerations?
Mr. Carollo: Mr. Mayor, what I would like to see the Rouse
+ Company do with our City staff and some of those so-called
self-appointed pillars of the community that sometimes are
z't so shaky that you get the feeling the roof is going to cave
'., in is to get together and accomplish what we've all been
t• .
talking today. I want it concrete guaranteed that we're
just not throwing numbers out that are going to go down the
d: wayside and in vain. What is the use if we go ahead with
the motion and the amendment that the Commissioner is going
to give and there is no capital to see it become a reality?
You know, I have to say how I feel. I'm just to the point
` that I'm really fed up with seeing the city of Miami being
run like a Monopoly game and I don't mean by City Hall, I
mean by the so-called establishment that for some time have
had the full control of what goes on in the City of Miami
but they feel they've lost that control. And, of course,
" how they want to regain the control is by setting one
minority group against the other and feeling and hoping that
by dividing the minorities that are a majority within this
City that they will accomplish that old rule of divide and
conquer. Mr. Mayor, I'm sorry if maybe there are some out
there that are going to accuse myself or Commissioner Perez
or Dawkins, maybe all of us, that we want to stop this
<' project. No, we don't. In fact, this is a project that
when I made the motion to award this contract to Rouse we
'{ r:.
�> all voted unanimously for it and I think we've all worked
very hard for it. But the City of Miami is not a Monopoly
board that they are going to be, there's going to be a
shadow government that is going to decide who gets the
`*."�.. Boardwalk and who gets Parkway and who goes around the whole
--_Y%:. board and collects 200 and even who goes directly to jail
.*: and do not pass go. I think you all understand what I'm
getting at. There are those that want to play shadow
government, there are those that talk about self-
determination for people that are thousands of miles away
from our shores but then when it comes to the people of
Miami they don't want self-determination. They want to have
a shadow government and everything that they attack in their
RT 28 December 7, 1984
4
editorial pages and in their Chamber of Commerce Meetings,
that rule doesn't apply to the City of Miami. I think if
we're truly going to make progress in the City, truly give
the opportunities that every resident of this City is
entitled to then we have to stop that hypocrisy, we have to
stop those barriers and truly come out and get the so-called
pillars of this community out to put their monies where
their mouths are to really go out and accomplish something,
not just throw out a lot of rhetoric that they don't back up
with the capital. And again, what I'm getting at is why
should Miami be one of the few cities in the whole Country
that only has approximately 1% of its black citizens that
own businesses here? And this is where we have to lay the
foundation, we have to make sure that we find the capital so
that blacks can have the same opportunities that other
groups have to own their own businesses and not just in
Liberty City and not just in Overtown. Own their own
businesses to compete county -wide.
Mayor Ferre: Is there a motion then? Is there a motion?
Mr. Carollo: Mr. Mayor, there is a motion that this
Commission instructs our City Administration and whomever
our new interim City Manager will be, to sit down and
negotiate, cooperate with the Rouse Company to come back to
this Commission and present to this Commission concrete
plans, concrete solutions as to where capital will be found
to finance Black businessmen, minority businesses for this
project.
Mayor Ferre: Is there a second to that motion?
Mr. Perez: Second.
Mayor Ferre: All right under discussion, Mr. Weaver and Mr.
Pierson, Mr. Gilchrist, Miss Marshall, I want it to be
clearly understood in voting for this that this in no way is
going to delay the Bayside Specialty Center agreement as
presented. It is my intention to vote if somebody makes
such a motion and if not, I will make such a motion, to
approve what is before us at this time.
Mr. Gilchrist: Mr. Mayor, there are several pieces of
legislation, the approving of each of the agreements, the
resolutions, I believe we would have to go through and
approve each of those.
Mayor Ferre: You mean, one by one? What is the legal
procedure, Madam City Attorney? And talking about
minorities, I am glad to see that we have an all female
operation up here today.
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Ferre: We need a vote.
Mr. Perez: Females are not included in minorities in the
contract?
Mayor Ferre: Females? It says under Federal definition
that females are included. Is that correct?
(INAUDIBLE BACKGROUND COMMENTS)
Mayor Ferre: All right, if not - there is now ... if you
will suspend your motion for a moment ...
Mr. Carollo:
I do, Mr. Mayor.
RT
9V
December 7, 1984
P O
R
Mayor Ferre: ...there is now a motion by Commissioner Perez
or Dawkins that females will also be included in the count
of minorities. Further discussion? Call the roll.
The following motion was introduced by Commissioner
Perez, who moved its adoption:
MOTION NO. 84-1339
A MOTION OF THE CITY COMMISSION
STIPULATING THAT IN CONNECTION WITH ITS
BAYSIDE PROJECT "FEMALES" SHALL ALSO BE
INCLUDED IN THE DEFINITION OF
"MINORITIES".
Upon being seconded by Commissioner Dawkins, the
motion was passed and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
Mayor Ferre: Now back to ... we have a motion on the floor,
which is the previous motion that was just suspended to make
room for the female motion, that is now legally back on the
floor, made by Commissioner Carollo, seconded by
Commissioner Perez. Now, we are under discussion, and we
were about to get a legal opinion as to when we get to the
document what we need to vote on. I will tell you what I
would like to do, if I may. I would like to vote in a
motion of approval of the main document and then if you
want, go one by one in resolution form if you have them in
the separate sub -sections.
Mrs. Dougherty: Mr. Mayor, you can do that, or you can
approve them all at once if there is a consensus on them
all, and we will identify them by "J" numbers.
Mayor Ferre: I would rather do that. All right, we have
now a motion on the floor, which I think because of its
importance needs to be repeated. Would the Clerk read the
motion back?
Mrs. Hirai: Instructing the Administration to sit down and
negotiate with and cooperate with the Rouse Company to come
back to this Commission with concrete plans and projected
solutions as to where the capital will be found to finance
Black businesses and minority businesses from this project.
Mayor Ferre: Further discussion on that motion? Call the
RT
30
December 7, 1984
P OIN
roll.
The following motion was introduced by Commissioner
Carollo, who moved its adoption:
MOTION NO. 84-1340
k'+
'* r
A MOTION OF THE CITY COMMISSION
INSTRUCTING THE CITY ADMINISTRATION TO
SIT DOWN AND NEGOTIATE AND COOPERATE
WITH THE ROUSE COMPANY IN ORDER TO
IDENTIFY FUNDING SOURCES WHERE THE
NEEDED CAPITAL WILL BE COMING FROM IN
ORDER TO FUND AND HELP FINANCE BLACK
BUSINESSMEN AND MINORITY BUSINESSES IN
CONNECTION WITH THE BAYSIDE PROJECT;
FURTHER STIPULATING THAT ONCE SAID
SOURCES HAVE BEEN IDENTIFIED, THEY SHALL
COME BACK BEFORE THE CITY COMMISSION
WITH SOME CONCRETE PLANS AND PROJECTED
SOLUTIONS FOR CONSIDERATION BY THE
COMMISSION.
Y' ! Upon being seconded by Commissioner Perez, the
motion was passed and adopted by the following vote-
1
AYES: Commissioner Joe Carollo
j Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
°4 Vice -Mayor Demetrio Perez, Jr.
3 Mayor Maurice A. Ferre
NOES: None.
-w ABSENT: None.
Mayor Ferre: Now on the main motion. Is there a motion?
Mr. Carollo: Mr. Mayor, there is a motion, and if I get a
`..!:
second, I would like to open it up for discussion.
__ ae ..t •..
Mayor Ferre: All right, is there a second that the main
Bayside Specialty Center agreement be approved in the
' following sections - read them into the record.
Ms. Mariam Maer: They would be "J" numbers-J/84-1209,
J/84-1210, J/84-12119 J/84-1212, J/84-1213, J/84-1228, and
an unnumbered resolution which authorizes the Manager to
execute the amendment to agreement regarding the Miami Motor
Sports and City of Miami agreement.
Mayor Ferre: As amended today with all the motions that
have been made and all of the things that have been
memorialized into the record as the legislative intent of
this Commission. Now, who seconded it? There was a motion
made by Carollo. Is there a second?
{ Y' Mr. Plummer: Second.
fl
Mayor Ferre: Second by Plummer. Under discussion.
Mr. Carollo: Under discussion, Mr. Mayor. Mr. Mayor, I
fully expect that the previous resolution thatt we passed be
incorporated as part of this contract and if the Rouse
Company does not come back to this City Commission with
concrete plans and concrete evidence that they, together
with whomever, cannot provide the capital, the access to the
capital, that minorities are going to need to participate in
this, and particularly Black minorities, that this deal,
this contract, is off.
RT 31 December ?, 1984
Mr. Dawkins: Under discussion, I would also like to say
that in
the event that when this comes back, if it is not
amended
to show that 17.5% of the total dollars will go to
Latins
17.5% of the total construction dollars will go to
Blacks,,
and that 65% will go to local trade unionists l then
I will be
voting with Commissioner Carollo against it.
The
following motion was introduced by Commissioner
Carollo,
who moved its adoption:
MOTION NO. 84-1341.1
A MOTION APPROVING THE PARKING GARAGE
MANAGEMENT AGREEMENT TO BE ENTERED INTO
BETWEEN THE CITY OF MIAMI DEPARTMENT OF
OFF-STREET PARKING AND BAYSIDE CENTER
LIMITED PARTNERSHIP, IN SUBSTANTIALLY
THE FORM ATTACHED, FOR THE OPERATION,
MAINTENANCE AND MANAGEMENT OF A PARKING
GARAGE CONTAINING NOT LESS THAN 1200
PARKING SPACES AND A SURFACE PARKING LOT
FOR THE BAYSIDE SPECIALTY CENTER.
Upon being seconded by Commissioner Plummer, the motion
was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
The following motion was introduced by Commissioner
=YP'
¢ Carollo, who moved its adoption:
MOTION NO. 84 -1341.2
A MOTION APPROVING THE FOLLOWING MINORI-
TY INDIVIDUALS: RAUL MASVIDAL, ARMANDO
CODINA, GARTH REEVES, RONALD E. FRAZIER
AND IGNACIO GARCIA, WHO WILL BECOME
LIMITED PARTNERS IN BAYSIDE CENTER
LIMITED PARTNERSHIP WHICH WAS FORMED TO
PLAN AND DESIGN, CONSTRUCT, LEASE AND
MANAGE THE BAYSIDE SPECIALTY CENTER,
PARKING GARAGE AND SURFACE PARKING LOT,
CONSISTING OF A GENERAL PARTNER (ROUSE-
MIAMIj INC. (80%))l AND A LIMITED PART
NER (THE ROUSE COMPANY OF FLORIDA, INC.
(20%) ), AS A RESULT OF THE PURCHASE BY
SAID MINORITY INDIVIDUALS OF ALL THE
LIMITED PARTNERSHIP INTEREST OF THE
ROUSE COMPANY OF FLORIDA, INC.
XN
Upon being seconded by Commissioner Plummer, the motion
was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
RT 32 December 7, 1984
Y
e.r
r
ABSENT: None. -
,YY-3Ni;
-'-
The following motion was introduced by Commissioner
k',,-.-
-
Carollo, who moved its adoption:
MOTION NO. 84-1341.3
A MOTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A LEASE AGREEMENT, IN SUBSTAN-
TIALLY THE FORM ATTACHED, BETWEEN THE
CITY OF MIAMI AND BAYSIDE CENTER LIMITED
PARTNERSHIP ON BEHALF OF ROUSE-MIAMI,
?;
INC., AN AFFILIATE OF THE ROUSE COMPANY
OF COLUMBIA, MARYLAND, FOR THE PLANNING
AND DESIGN, CONSTRUCTION, LEASING AND
MANAGEMENT OF A WATERFRONT SPECIALTY
CENTER TO BE KNOWN AS "BAYSIDE SPECIALTY
CENTER" LOCATED ON A CITY -OWNED PARCEL
CONTAINING APPROXIMATELY 12.9 ACRES AND
LOCATED ON A PORTION OF BAYFRONT PARK
ADJACENT TO BISCAYNE BOULEVARD AND
MIAMARINA, AND FURTHER SPECIFYING THAT
THE TERMS OF THE CONTRACT WILL RESULT IN F
A FAIR RETURN TO THE CITY BASED ON TWO
...
INDEPENDENT APPRAISALS AND THAT SAID
CONTRACT COMPLIES WITH REQUIREMENTS FOR
COMMERCIAL USE AND MANAGEMENT OF THE
CITY'S WATERFRONT PROPERTY AS SET FORTH t
t>.., ,
IN THE CITY CHARTER.
r.. '
Upon beingseconded by Commissioner Plummer, the motion
was passed and adopted by the following vote- ,
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None. _
k^?
ABSENT: None
j;"-''•:
The following motion was introduced by Commissioner
!
Carollo, who moved its adoption:
r;
MOTION NO. 84-1341.4
A MOTION AUTHORIZING THE CITY MANAGER TO
}',..
EXECUTE A LEASE AGREEMENT, IN SUBSTAN-
'''`
TIALLY THE FORM ATTACHED, BETWEEN THE
CITY OF MIAMI AND BAYSIDE CENTER LIMITED
7
PARTNERSHIP ON BEHALF OF ROUSE-MIAMI,
INC., AN AFFILIATE OF THE ROUSE COMPANY
OF COLUMBIA, MARYLAND, FOR THE PLANNING
AND DESIGN, CONSTRUCTION, LEASING AND
MANAGEMENT OF A PARKING GARAGE AND
.,;
SURFACE PARKING FACILITIES, TO BE KNOWN
AS "BAYSIDE SPECIALTY CENTER PARKING
GARAGE AND AREA B SURFACE LOT" LOCATED
ON A CITY -OWNED LAND PARCEL CONTAINING
'`
APPROXIMATELY 3.76 ACRES AND CERTAIN
PORTIONS OF AREA B ADJACENT TO BISCRXNE
.4� 4.,...s •s
BOULEVARD AND MIAMARINA, AND FURTHER
-
SPECIFYING THAT THE TERMS OF THE CON-
TRACT WILL RESULT IN A FAIR RETURN TO
THE CITY BASED ON TWO INDEPENDENT AP -
===.a
PRAISALS.
RT 33 December 7, 1984
P
P
,.,=.
Upon
being seconded by Commissioner Plummert the motion
fi
was passed
and adopted by the following vote-
,Sc:`
sa
AYES:
Commissioner Demetrio Perez, Jr.
''a'
is
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer Jr.
'7 y
-
Vice Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES:
None.
ABSENT:
None.
°:-
The
following motion was introduced by Commissioner
Carollo,
who moved its adoption:
MOTION NO. 84-1341.5
A MOTION AUTHORIZING THE CITY MANAGER TO
..='
EXECUTE AN AGREEMENT, IN SUBSTANTIALLY
THE FORM ATTACHED, BETWEEN THE CITY AND
THE CITY OF MIAMI DEPARTMENT OF OFF-
STREET PARKING TO REIMBURSE THE DEPART-
'`'
MENT IN THE AMOUNT OF $80,000 ANNUALLY
FOR LOSS OF REVENUES CAUSED BY THE
ELIMINATION OF PARKING METERS TO CON-
STRUCT THE BAYSIDE SPECIALTY CENTER
PARKING GARAGE AND SURFACE PARKING LOT.
Upon being seconded by Commissioner Plummer, the motion
was passed and adopted by the following vote-
��xf< AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
` Commissioner J. L. Plummer Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
The following motion was introduced by Commissioner
Carollo, who moved its adoption:
MOTION NO. 84-1341.6
A MOTION AUTHORIZING THE CITY MANAGER TO
EXECUTE THE SUPPLEMENTAL AGREEMENT, IN
SUBSTANTIALLY THE FORM ATTACHED, BETWEEN
THE CITY, BAYSIDE CENTER LIMITED PART-
NERSHIP AND MIAMI MOTORSPORTS, INC.,
'
SETTING FORTH THE RIGHTS AND OBLIGATIONS
OF THE PARTIES IN CONNECTION WITH THE
STAGING OF THE MIAMI GRAND PRIX RACE OR
te
OTHER RACE EVENTS ON OR NEAR THE PROPER-
`°`'
TY LEASED TO THE BAYSIDE CENTER LIMITED
PARTNERSHIP FOR THE CONSTRUCTION AND
Q'
OPERATION OF THE BAYSIDE SPECIALTY
y;
CENTER AND THE PARKING GARAGE, THE
BALANCE OF BAYFRONT PARK, THE FEC TRACT
AND ADJACENT PUBLIC STREETS.
Upon being seconded by Commissioner Plumfier, the motion
was passed and adopted by the following vote -
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
RT
34
December 7, 1984
C
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
The following motion was introduced by Commissioner
Carollo, who moved its adoption:
MOTION NO. 84-1341.7
A MOTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AMENDMENT ENTITLED "AMENDMENT
TO AGREEMENT" WHICH AMENDS THE EXISTING
AGREEMENT BETWEEN THE CITY OF MIAMI AND
THE MIAMI MOTORSPORTS, INC. ("LICEN-
SEE"), PROVIDING BY SAID AMENDMENT FOR
THE FOLLOWING: ESTABLISHMENT OF THE
OBLIGATIONS OF THE PARTIES IN CONNECTION
WITH THE BAYSIDE SPECIALTY CENTER AND
PARKING FACILITY AND THE STAGING OF RACE
EVENTS IN BAYFRONT PARK AND ADJACENT
CITY OWNED RIGHTS OF WAY AND AUTHORIZA-
TION OF PAYMENT BY THE CITY OF MIAMI
MOTORSPORTS, INC. OF $350,000 ON OR
BEFORE DECEMBER 31, 1984 AND AN ADDI-
TIONAL $100,000 EACH YEAR THAT LICENSEE
STAGES A RACE FOR THE REMAINING TERM OF
THE LICENSE AGREEMENT AND ANY RENEWAL
TERMS AND ALSO AUTHORIZATION FOR PAYMENT
OF $1009000 EACH YEAR THAT LICENSEE
STAGES A RACE FOR THE REMAINING TERM OF
THE LICENSE AGREEMENT AND ANY RENEWAL
TERMS AND ALSO AUTHORIZATION FOR PAYMENT
OF $100,000 TO ACQUIRE AN OPTION ("RE-
MOVAL OPTION") FROM LICENSEE IN FAVOR OF
THE CITY TO CAUSE LICENSEE ON A YEAR TO
YEAR BASIS TO RUN THE RACE ON A RACING
CIRCUIT LOCATED OUTSIDE OF BAYFRONT PARK
AND PAYMENT OF AN ADDITIONAL AMOUNT OF
$100,000 AS AN OPTION EXERCISE FEE FOR
EACH EXERCISE OF THE OPTION BY THE CITY
WHICH AMOUNTS SHALL BE PARTIALLY ACIM-
BURSED BY BAYSIDE; ALLOCATING MONIES FOR
THE COST OF SAID AMENDMENT FROM SPECIAL
PROGRAMS AND ACCOUNTS, CONTINGENT FUND.
Upon being seconded by Commissioner Plummer, the motion
was passed and adopted by the following vote-
RT 35 December 7, 1964
U
AYES: Commissioner Demetrio Perez, Jr.
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Joe Carollo
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
Mr. Carollo: Now there have been those that have been
accusing many of us in this Commission of all kinds of
things because we didn't want to meekly bow down and rubber
stamp this contract. Well, I think by our actions today, we
proven that we have acted responsibly, but now the ball is
in their court for them to back up what they have been
saying for so many years, that they are going to do more
than just give us a lot of rhetoric, that they are going to
find the capital. And, the Rouse Company has a
responsibility to go out and find capital, and I am sure
they will, but those gentlemen that are the so-called shadow
government of Miami, that have been running the monopoly
board for so many years, the ball is in their corner for
them to come forward and find the capital to help minorities
in this community, and particularly Blacks in this community
to have the capital to fully participate in this project.
Mayor Ferre: All right, call the roll, please.
The following motion was introduced by Commissioner
Carollo, who moved its adoption:
MOTION NO. 84-1342
A MOTION OF THE CITY COMMISSION
STIPULATING AS FOLLOWS IN CONNECTION
WITH THE BAYSIDE SPECIALTY CENTER
PROJECT:
(a) IF THE CITY AND THE ROUSE COMPANY
FAIL TO PROVIDE THE NECESSARY CAPITAL,
OR THE ACCESS TO CAPITAL, THAT WOULD BE
NEEDED BY MINORITIES IN ORDER TO FULLY
PARTICIPATE IN THE BAYSIDE SPECIALTY
CENTER PROJECT, THE BAYSIDE PROJECT AND
CONTRACT WOULD BE OFF; AND FURTHER•
(b) THAT 17.5% OF THE TOTAL CONSTRUCTION
DOLLARS BE EARMARKED FOR LATINS, 17.5%
FOR BLACKS AND 65% FOR LOCAL TRADE
UNIONISTS.
Upon being seconded by Commissioner Plummer, the
motion was passed and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
Mayor Ferre: Ladies and Gentlemen, this "concludes the
Bayside Specialty Center agreement. To the negotiators, to
the City of Miami Administration, to the many, many citizens
that have put countless hours of work and effort, our
sincerest congratulations. It has been a major achievement
for the City of Miami and I think it is a day that will live
for many, many years as a reminder that this community come
together and achieve positive things.
RT 36 December 7, 1984
A' r
t.
ni y
• fi
Mr.
Gilchrist: Mr.
Mayor, may I say on
behalf of all those
4`p♦
from
the City administration
negotiating
team and all others
from
this community
who have tried to
bring this project
that
we are very
appreciative of all
the Commissioners
responsible
p
actions
y and we appreciate it.
today p
;may
fI: '
4,
------------------------------------------------------------
3 DISCUSSION OF SELECTION PROCEDURES FOR PERMANENT CITY
MANAGER, HIRING OF FIRM, ETC.
-------------------- ----------------------------------------
Mayor Ferre: The second item on the call today deals with
the procedure of the selection of the Manager seat that is
now vacant. You have, and I have distributed to you, a
-:
letter by Korn and Ferry International of December 4th,
Norman C. Roberts, Managing Vice President. In it simply
describes a standard national procedure in which Korn and
Ferry would seek in help us in seeking a national program to
bring before us the best available candidates for the
ct;
position of City Manager. As you can see, it talks about a
sixty day procedure. The cost would be $12,000 fee,
exclusive of expenses such as travel, communications, report
reproductions, and so on. As some of you may recall, back
in October 26th, I discussed the issue of having a screening
�,.
committee to help us in the process of selection. After
talking to a lot of people and thinking greatly about it and
`.:
discussing it with people I greatly respect, in the
conversation I had y , yesterda with Governor Ruben Askew
former Governor Askew, he -and I think quite wisely-
,;~- :.
counseled that this is perhaps the most important decision
that a body, such as the City Commission, has to make, and
that if we appoint people that are in effect conceived as
political in nature, that it would be really wiser for us to
assume that responsibility directly, since in effect we have
�_.A,..
to assume that responsibility anyway and we cannot delegate
or abdicate that responsibility. Secondly, I would point
out, and I think that Governor Askew in his counsel again
was wise in saying, that this is much too important a
decision for other than the elected body to make and even if
we were to get a Blue Ribbon Committee that would be totally
capacitated to advise us, that in effect we would be
subjecting those people to an unfair process, since in
effect we really have to make the decision on our own.
Thirdly, and this is on my own, I would point out that in
the 90 years of the City of Miami, the City of Miami
s....-�
Commission has never made any decision other than directly
on its own. We have however, in the
, , past utilized outside
help in bringing before the City of Miami the best possible
'
candidates. I might share with you that I've had many calls
in the last week of people who are seriously interested in
this ob. You would be very surprised if
j Y p you knew the
"-,:;A•,,,.:,..;
extent and the high g caliber of the people that have been
calling.
g. I was pleasantly surprised and I was very
ratified to hear from some of the g people that I did hear
from. I think this is an important consideration. I would
then like to , for the purposes of discussion, pass the gavel
`
to the Vice Mayor and move that the City of Miami retain
,����•'
Korn and Ferry International for the
y purposes of seeking the
Possible
best candidates nationally,
p y, and of oQurse, locally
for the purposes of selecting a City Manager. After Mr.
='
-
Norm Roberts, who by the way some of us know because in 1976
he was the executive of the Arthur D. Little Company that
-
did exactly the same job for us. Korn and Ferry is the
largest company of this size, I mean of this particular
specialty in the country, and has placed well over a hundred
city managers over the past decades in the United States of
HT 37 December 7, 1984
0-
?�
America. After Korn and Ferry International visits each
",.,.
member of the Commission, we will, I think, need to sit down
and as a Commission specify the qualities and the conditions
<:
we want for our City Manager. That will be after the
',-
gang Vice President of Korn and Ferry or his delegate
managing
has the opportunity to talk to each and every one of us. I
now move that we accept the letter of December 4th as
outlined and as is before us.
Mr. Perez: Do we have a second?
Mr. Carollo: Yes, I second that motion. The only amendment
I would like to make, if the maker of the motion would
accept, is that in the area of time frame and cost on page
51 it says "we propose the following schedule that will
enable the Mayor and City Commission to conduct interviews
with the leading candidates within a 60 day period." It
doesn't state when they are to conclude the recommendations.
I think we should set a 90 day period....
Mayor Ferre: That's acceptable.
,r. Mr. Carollo: .....for the conclusion.
Mr. Plummer: Call the roll.
Mr. Perez: Call the roll. Anything else? Do we have any
discussion in this issue? Call the roll.
*. The following motion was introduced by Mayor Ferre, who
<< • ; . moved its adoption:
MOTION NO. 84-1343
A MOTION THAT THE CITY COMMISSION RETAIN
THE FIRM OF KORN/FERRY, INTERNATIONAL
FOR THE PURPOSE OF SEEKING THE BEST
POSSIBLE CANDIDATE FOR THE POSITION OF
CITY MANAGER OF THE CITY OF MIAMI BOTH
r�°
AT A NATIONAL LEVEL AND LOCALLY,
'`,_;= ; ►
PURSUANT TO A LETTER SUBMITTED BY SAID
FIRM TO THE CITY COMMISSION AND DATED
DECEMBER 4, 1984; FURTHER STIPULATING
i
THAT SAID FIRM SHALL HAVE NINETY (90)
DAYS FOR COMPLETION OF SAID TASK.
Upon being seconded by Commissioner Carollo, the motion
} �
was passed and adopted by the following vote-
i
'
AYES: Vice -Mayor Joe Carollo Commissioner
..: i
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
.-.:.
g
Demetrio Perez, Jr.
Mayor Maurice A. Ferre
3Mj
NOES: None.
ABSENT: None.
.,..... .
4• -..---------------------- ..---------------- ..-..----------------
4 DECLARE POLICY REGARDING APPOINTMENT OF .INTERIM CITY
MANAGER, IRREVOCABLE RESIGNATION & REURN TO A.C.M.
r.
STATUS IF APPLICABLE
-------------------------- --------------
Mayor Ferre: Now we get into the question of the selection
of the selection of the interim City Manager. I asked Lucia
RT 38 December 7, 1984
A
Dougherty, if she would, to make a resolution that in effect
would appoint the City Manager and concurrently to request a
irrevocable resignation of that person, if that person
should accept, so that it would be effective of 12:00 noon
ninety days from today. Would the Clerk tell me when ninety
is up?
Mr. Carollo: Mr. Mayor, if I may, I'm one of those of the
three of us that are here that lived through the previous
process of when we had an acting city manager, that was when
we had Dick Fosmoen. So instead of following your
suggestion, what I'd like to do is instead changing it to
the date that a new permanent city manager would be
selected.
Mayor Ferre: I accept that. I think that's very wise
observation on your part, remembering the problem that we
went through and it really was a painful experience. I
accept that.
Mr. Dawkins: Point of clarification, are we saying that
whomever is appointed as interim, at the end of ninety days
resigns from full employment with the City of Miami? What
are we saying?
Mayor Ferre: My motion, Commissioner Dawkins, was that the
appointment would be for ninety days and then at the end of
ninety days, that the subject would be before us for
discussion and there would be no city manager. Commissioner
Carollo is now saying in remembering what had occurred in
the unfortunate Fosmoen experience where we had that man
dangling on a thirty day basis and we kept every thirty days
putting it off and putting it off and really we almost had
chaos in the City because there was no firm person in....
Mr. Dawkins: I have it; I have what I'm looking for.
Mayor Ferre: No, see, but that's different from that. The
only condition I want to add to that, which is in this
memorandum, Commissioner Carollo, is that once the person
who will be City Manager until we get to a national search,
becomes... I'm sorry, once we get to that, that we would
have an irrevocable resignation. I don't know legally
whether you can have an irrevocable resignation. Lucia, you
better pay attention.
Mr. Carollo: If I recollect, we had that with Richard
Fosmoen.
Mayor Ferre: Without a date certain, do you follow my
arguments? In other words, how can you have an irrevocable
resignation if you don't have a date certain. It therefore
is not an irrevocable resignation; in addition to which we
don't want to get into some kind of a hiatus where we end up
with somebody who is requesting a thirty day, where we have
to fire somebody and then go through this mess of waiting
thirty days and waiting for twenty more days for a public
hearing and the whole thing. In other words, the
resignation is different from a firing. My question is
legally, can we have a resignation in hand without a date
certain?
Mrs. Dougherty: Mr. Mayor, the answer is _yes. I would
prepare a little different language than is existing in this
resolution and resignation that I prepared earlier. It'd
say as soon as the new City Manager is selected, whenever
that may be, his resignation is effective and waives any
thirty day period for firing.
31
39 December 7, 1984
Mayor Ferre: So in other words, we can have a resignation
without a date certain?
Mrs. Dougherty: Yes.
Mayor Ferre: Thank you, I just wanted to clarify that in
the record. Your interpretation of the law is that if we
appoint a acting city manager, which is non—existent in the
Charter of the City of Miami, but if he presents an
t'. irrevocable resignation upon the selection of this
Commission of a City Manager after a national search and
after this Commission votes, that letter of resignation that
'`,.. is irrevocable in nature is applicable to a date uncertain.
Mrs. Dougherty: Yes, sir.
Mayor Ferre: Thank you, I accept the amendment to the
motion.
Mr. Plummer: What's left?
Mayor Ferre: What we need to do now is vote on the question
of the termination, in other words that whomever is selected
would be under this condition. If the person happens to be
an A.C.M., which I don't know that person he or she will be,
i but if the interim person selected is an A.C.M., it seems to
me that we need to assure that person that he will revert
back to the present position that person has if that person
is an A.C.M. Obviously, that A.C.M. will have to deal with
i the new manager in any way the new manager wishes, but at
least that person would revert back if he is presently an
A.C.M. to an A.C.M. position.
Mr. Carollo: Mr. Mayor, I move the amendment that I made.
Mayor Ferre: Since it is a very touchy subject,
Commissioner, I think it's important that we reiterate it
specifically for the record. Make your motion.
;s. Mr. Carollo: Mr. Mayor, my motion is that....
Mayor Ferre: I was the maker of the motion. You seconded
i it.
Mr. Carollo: That's right.
Mayor Ferre: The motion is that upon the selection of a
City Manager, that the City Manager be selected with the
Y B � Y g
clear understanding that we are going into a national
�i.:. search. Upon the conclusion of the national search by Korn
" and Ferry, which should be anytime between 60 and no more
"= than 90 days, as the previous motion spelled out, that at
_ that time and upon voting, should there be a selection of a
City Manager different from the person that is now selected,
' that that person tenders his or her irrevocable resignation,
provided also that if that person before becoming City
.� Manager was an assistant city manager, that that person
would revert back to his previous position. Does that
spell ell it?
�.
Mr. Carollo: I think it's clear enough, Mr. Mayor.
Mr. Plummer: Call the roll.
Mr. Carollo: I still second the motion.
Mr. Perez: Question, Mr. Mayor, is the person... if this
Commission wants to extend the terms for more than 90
days....
sl 40 December ?, 1984
Mayor Ferre: That's no longer in effect because what
Commissioner Carollo has now done, which
I accepted and
covered in a motion, is that the person who
is selected will
serve until we select a replacement.
`*
Mr. Perez: With a maximum of 90 days.
Mr. Plummer: No.
Mr. Perez: But it had to be in accordance
anyhow.
ram'
Mayor Ferre: It doesn't state 90 days.
What it states
is... the previous motion stated 90 days
because Korn and
Ferry is to conclude by 90 days, but we may
not select by 90
days.
Mr. Carollo: In other words, let's say that they conclude
in 90 days. They conclude it, but we still
might be meeting
in the selection of a new City Manager.
It might take us
another week or two to select a City Manager.
Mr. Perez: Do we have any other question?
If not, call the
, roll
The following motion was introduced by
Mayor Ferre, who
moved its adoption:
MOTION NO. 84-1344
A MOTION DECLARING THE POLICY OF THE
CITY OF MIAMI COMMISSION THAT, UPON THE
SELECTION OF AN INTERIM CITY MANAGER
TODAY, SAID CITY MANAGER SHALL BE
SELECTED WITH THE CLEAR UNDERSTANDING
THAT WE ARE GOING ON A NATIONAL SEARCH
AND THAT WE ARE RETAINING THE FIRM OF
KORN AND FERRY, INTERNATIONAL FOR SUCH
4'
PURPOSE; FURTHER THAT UPON THE
CONCLUSION OF THEIR FINDINGS AND AFTER
THE SUBMISSION OF THEIR RECOMMENDATION
TO THE CITY COMMISSION AND AFTER A VOTE
i.
OF THE COMMISSION HAS BEEN TAKEN ON THE
SELECTION OF THE PERMANENT CITY MANAGER,
THE PERSON WHO THEN OCCUPIES THE
POSITION AS INTERIM CITY MANAGER, MUST
SUBMIT AN IRREVOCABLE RESIGNATION AS
CITY MANAGER; FURTHER STIPULATING THAT
;P
IF SUCH INTERIM PERSON HAPPENS TO BE A
FORMER ASSISTANT CITY MANAGER, AT THE
TIME THE PERMANENT CITY MANAGER IS
SELECTED, SAID PERSON WOULD THEN REVERT
BACK TO HIS PRIOR POSITION.
Upon being seconded by Commissioner Carollo, the motion
was passed and adopted by the following vote -
AYES: Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None.
ABSENT: None.
Mrs. Dougherty: Mr. Mayor, this resolution for the record,
makes contingent to... this resolution is contingent upon
the signing today of that irrevocable resignation.
sl 41 December 7, 1964
Mr. Carollo: Of course.
Eli
Mayor Ferre: Of course. Now I will open up the floor for
the nominations for City Manager.
�47 `
Mr. Carollo: Mr. Mayor, if I may startq I think it's obvious that we have to select someone today to be the
acting City Manager. We can't wait any longer. The reason
is that since midnight last night, we don't have a chief
executive that is running this City. The City was left
INZ without any head. If the Department Directors, the
different Assistant City Managers, City employees can
address themselves to to make the final decision for the
City of Miami as is spelled out in the City Charter. It's
obvious that since we're only going to select someone to be
;;. a temporary City Manager, and acting City Manager, that it
would be very difficult to go out and bring it to
consideration anyone from outside of the present City of
Miami employees, from outside the present City of Miami
administration, because no one is going to leave a secure
position and take a position that might only last for 90
days. So I think once we finish this process today, that
should be something that should be spelled out very clearly
<Y" for the people of this community to understand. Mr. Mayor,
I'd like to nominate Randy Rosencrantz. I have met with Mr.
Rosencrantz on several occasions and I feel that the
selection of Mr. Rosencrantz at this point in time is the
.; best possible selection that we can make to assure that the
:j City of Miami is going to be running as smoothly as possible
until we select a permanent City Manager.
Mayor Ferre: Are there any others who have nominations at
this time?
Mr. Perez: Mr. Mayor, I think we have a motion of
Commissioner Carollo and I would like to say....
Mayor Ferre: Wait, I'm sorry, as you know the procedure
here is not a motion and a second. It is open for
Ru, nominations; so anybody who wishes to nominate anybody is
certainly able to nominate anybody they want to.
Mr. Perez: That's why I want to explain my position anyhow.
rr:. la:i
Mayor Ferre: What I would like, before we vote and then you
.,.,.�-,. I can explain your position, are you going to nominate
somebody else now?
Mr. Perez: No, I want to agree with Commissioner Carollo's
nomination, but I want to explain why I agree in this.
Mayor Ferre: Commissioner, if I may, I'll give you that
right in a moment. What I want now is to open it up for
yt further nominations. Then, after we have all the
nominations each member can make their statement as to
their vote.
Mr. Dawkins: Mr. Mayor, I'd like to nominate Herb Bailey
for interim City Manager.
Mayor Ferre: All right, there is a nomination of Mr.
Herbert Bailey. ,
Plummer: I nominate Mr. Cesar Odio.
Mayor Ferre: And there is a nomination for Cesar Odio. Are
there any other nominees at this time? Now, I will open it
..m up for discussion. First of all, let's close the
nominations and then we can discuss it.
sl 42 December 79 1984
Mr. Plummer: So move.
°. Mayor Ferre: Is there a motion?
Mr. Dawkins: Second.
Mayor Ferre: Further discussion on the closing of
k=;.. nominations? Call the roll lease.
THEREUPON MOTION DULY MADE AND SECONDED, THE
COMMISSION CLOSED THE NOMINATIONS FOR INTERIM CITY
MANAGER UNANIMOUSLY.
rnak .
r4. '
-- — — — -- — — -- — — — ---- — -- ----------- — ------ —--•.-----------1- —i�—
5 APPOINT RANDOLPH ROSENCRANTZ AS CITY MANAGER PURSUANT TO
x`
CONDITIONS OF IRREVOCABLE RESIGNATION A ESTABLISH SALARY
OF $89,900
1w-zi
pR `'
,.
— — — — — — — — -- -- — — — — — — -- -- — — ---- -- --- — -- ------ -----------------
Mayor Ferre: Now, under discussion, Commissioner Perez.
Mr. Perez: Mr. Mayor, it's not easy to make a selection.
In this case, personally, I would like to clarify my
position. I have here the name of my good friend, Cesar
Odio, who I think is a very able person. I've known him
during the last three years in our City Commission. I know
his credentials. I think he's a great asset for this
ti
community, and the same for Mr. Bailey, but I think that
today we have to base our decision not on emotional
consideration. I think we have to look on the own arguments
of each one. In my own position, I am very concerned about
the fiscal health of this City. I am very concerned about
the tax increase to the citizens of the City of Miami. I
have made previous meetings with the different members of
the administration, especially with Mr. Rosencrantz. I
think that Mr. Rosencrantz will be the person able at this
time to warranty us in this case to warranty and advise me
on proper measures to try to take measures in favor of the
tax of this community and especially to not increase the tax
for the next fiscal year. For that reason, I share the
nomination of Commissioner Carollo appointing Mr.
Rosencrantz as the acting City Manager.
Mayor Ferre: Are there further statements? I would like to
say that I have talked with some Assistant City Managers and
I've talked to Mr. Roger Carlton. It is my understanding
r}'+
that Mr. Vice Grimm is not interested in the position. I
F
have thought very carefully about my vote on this matter.
There are three nominees. Last night I was on a radio
station answering questions and I was asked about two of
these three individuals. Let me say on the record that Mr.
Herb Bailey is one of the most qualified public servants
`-..�
that we have in this community. He served with great
a==:-
distinction in Philadelphia in the planning capacity. Mr.
4
Bailey has in January the very, very important task of
assuring that the eight bidders -as I understand, we have
y;
eight bidders- in the Overtown Park West area will come
forward. And then he has the difficult task of negotiating
and bringing these bids to fruition. Along with the bid in
the area of the coliseum and the exhibition 1hall, there is
no more important task before us than this. It is my
opinion that Mr. Bailey, like Mr. Rick Horrow, must dedicate
absolute full time to that position. Mr. Roger Carlton, in
my opinion, is probably one of the most technically
qualified individuals to be City Manager. He served with
great distinction as Merritt Stierheim's assistant, both in
=. sl 43 December 7, 1904
IN I
N
Clearwater and in Dade County, and in the several years he
has been in the Off -Street Parking Authority, he is
certainly one of the most highly qualified individuals that
could aspire to this job. However, I do think that in the
next few months, he has to keep his mind on the Off -Street
Parking Authority and I do not think that it is proper for
him to serve in this capacity on a part-time basis or on a
temporary basis, in other words, for ninety days. Now,
Cesar Odio, Cesar Odio is a person that I have known since
we were both eighteen. We, as teenagers, grew up together.
I often visited Cesar Odio and his family in Havana. I
would stay sometimes in Cesar Odio's home. We would go out
to his father's farm on picnics. I share many fond memories
as a young man with Cesar Odio. While his father was in
exile in the previous exile that he had here, Cesar Odio and
I also shared many experiences in Miami. During my business
career in Maule Industries, Cesar Odio was associated with
me for over fifteen years. I know Cesar Odio very well. He
is extremely qualified. He was qualified to be a Vice
President of Maule Industries. He was qualified and did an
exceptional job in many tasks that he had. He was qualified
as an Assistant City Manager and when he was selected by Joe
Grassie totally on his own, had my recommendation, but
certainly it was Mr. Grassie's decision, I was happy. I am
totally satisfied with the work Cesar Odio has done as an
Assistant City Manager. Without his guidance, the Miss
Universe contest would have been a disaster. The way he has
handled serious negotiations with ASTA at the convention
center, the Orange Bowl, he has shown
his tremendous ability. It is my hope that Mr. Odio will
aspire to the permanent job, as it is my hope that Mr.
Bailey and Mr. Roger Carlton and Walter Pierce and all of
the members of this staff in the A.C.M. category and Roger
Carlton will aspire. They are all worthy candidates, any
one of whom could easily be the City Manager. Nobody
mentioned Walter Pierce. I happen to think that Walter
Pierce is one of the most qualified members of the staff and
certainly should be considered seriously also. However,
this time, my vote is going to be with Mr. Rosencrantz. If
I may, and I am just about ready to conclude, Mr.
Rosencrantz served as Director of Finance for Baltimore
County, which at that time was the fifteenth largest local
governmental entity in the United States. He served in that
capacity from 179 to 1$1. From 174 to 179 he was
administrative officer of Baltimore County, which is the
highest appointed official in county government selected by
the county executive and approved by the county council.
This was an operation that had a $500,000,000 budget, which
is three times larger than the City of Miami and had a
capital budget of $75,000,000 and 6,500 employees, which is
twice the City of Miami's number of employees. Before that,
he served with Anarundle County in Maryland. He was an
instructor part time of the University of Maryland. He was
a Clerk of the Board of County Commissioners in Frederick
County, Maryland. He has been a teacher, but more important
than that and more important than his B.S. in Business
Education and his masters from Loyola, was the fact that his
expertise in Baltimore County and as the Assistant City
Manager in the City of Miami has been in finance, in
purchasing, in property management, in management and
budget, in human resources, in computers and solid waste.
The challenge before us is with our bond market, and he was
very instrumental in moving us from an A to an A+ rating.
It deals with the sale of bonds, it deals with Bayside, it
deals with guiding the City through the difficult days ahead
and budgetary constraints, with the cutting of funds from
Washington and the Reagan administration. It deals with the
sl 44 December 7, 1984
ni',tr.�w �F.�" ♦�
i .NJ'awj
i
issues of the coliseum and the exhibition hall; it deals
with Overtown and the difficult financial arrangements that
we need to negotiate. Therefore, because of his previous
background as a City Manager for the period of five years in
a government that was twice the size of Miami where he was
in effect the City Manager for the governmental entity
larger than Miami for five years, and because of his
particular expertise in the finance area, I think that on an
acting basis, there is no question that Randy Rosencrantz is
the one person that stands out and my vote will be with him.
------------------------------------------------------------
NOTE FOR THE RECORD: Commissioner Plummer left meeting at
4:09 P.M.
------------------------------------------------------------
Mr. Dawkins: Mr, Mayor, I agree with you on Herb Bailey.
Herb Bailey does have a very important job as coordinating
Overtown Park West, so therefore I'm going to second the
motion of Plummer and I will be voting for Cesar Odio.
Mayor Ferre: All right, sir. I think the way we do it is
do we have the papers?
Mr. Ralph Ongie: You have ballot slips.
Mayor Ferre: The ballots are before us. We will write down
the selection of the candidates that you are voting for.
Has the Clerk tallied the vote?
Mr. Ongie: Yes, the results of the first ballot, Mr.
Carollo votes for Mr. Rosencrantz. Mayor Ferre votes for
Mr. Rosencrantz. Mr. Perez votes for Mr. Rosencrantz. Mr.
Dawkins votes for Mr. Odio. Mr. Plummer votes for Mr. Odio.
Mayor Ferre: Ladies and gentlemen, before you leave,
Commissioner Dawkins, before we break up, I do have....
Mr. Ongie: You have to pass a resolution and he has to be
sworn in.
Mayor Ferre: We now need a motion. Is there a motion?
Mr. Carollo: Mr. Mayor, if I may ask Mr. Rosencrantz what
his present salary is.
Mayor Ferre: We need a motion first of all to... I see, I'm
sorry. Mr. Rosencrantz, what is your present salary, sir?
Mr. Rosencrantz: $83,300.
Mr. Carollo: $83,300, Mr. Mayor, I make a motion that we
give Mr. Rosencrantz a salary of $89,900.
Mr. Dawkins: Second.
Mr. Carollo: With the same benefits and emoluments as the
previous manager had.
Mayor Ferre: Mr. Rosencrantz, I would like to ask you, sir,
that you heard the stipulation of the Commission in its
previous resolution. Is that stipulation accbltable to you?
Mr. Rosencrantz: Yes, sir, it is.
Mayor Ferre: Would you then state into the record that we
have your irrevocable resignation after we have gone through
a national search and should this Commission select another
person as the City Manager, than at that time we will have
sl
45 December 71 19$4
your resignation with the understanding that you will then
revert back to your present position of Assistant City
Manager.
ri Mr. Rosencrantz: Yes, I am very agreeable to that and will
sign a document to that effect.
F;,...-
Mayor Ferre: The first thing that we deed to do after
we
vote for him with the stipulation of the salary, as
I
understand it is also pass a motion... I guess we don't have
to pass a motion that he would return to A.C.M. because
that's already been done. The statement would then read
I
hereby tender my irrevocable resignation as City Manager
of
the City of Miami, Florida as soon as a new Manager
is
selected following the conclusion of a national search
to
resume myformer position as Assistant City Manager.
Mr. Rosencrantz: I am agreeable to that.
Mayor Ferre: Is there a motion that the City Commission
appoints Mr. Rosencrantz as City Manager with the salary
of
$89, 900.
Mr. Carollo: There is a motion, Mr. Mayor.
Mayor Ferre: Is there a second?
i
Mr. Perez: Second.
Mayor Ferre: Is there further discussion on the motion?
:1
Mr. Carollo: Yes, Mr. Mayor, if I briefly may say a few
words. When I nominated Mr. Rosencrantz just a few minutes
.:Y
ago and when I voted for him to be our acting City Manager
until we would vote for a permanent one, I could honestly
{<
say that I voted my conscience what I feel is best for this
City right now. Even though there are those that felt
through the efforts of some of those in the shadow
government that by trying to what they conceive as to box
some members of the Commission into the corner and to have
>'r
to vote for someone that's going to keep alive most of the
empire that they had, I am not now nor when we vote for a
permanent City Manager, am going to let anyone try to box me
into voting for someone that through whatever commitments
they had to make to receive two votes is going to keep alive
the empire that I am proud that I took the lead in
displacing from this administration. For those that might
wanted to attack some of the members of the Commission here
today that have voted in the majority, I can only suggest
that you go back to the record of the last few years and see
how the members of this Commission have voted on the
different issues, and particularly issues that affect the
heart of the Cuban -American community of this City. Mr.
Mayor, I'm ready to vote now.
Mayor Ferre: All right, I do have a short statement that I
want to make. Mr. Rosencrantz who has now been selected,
t' was the finalist of 19 people that were selected as
finalists for the application of Assistant City Manager in
charge of finance, purchasing and property management for
the City of Miami. Of the 19 who are finalists, Rosencrantz
was selected overwhelmingly by everyone in the committee
<<i that selected. He was appointed thus by Hoyard Gary, who
wisely selected from those 19 the person recommended by that
committee. He is certainly an outstanding individual with
4s vast experience. I think we're fortunate to have him at
.. this time. I'm ready to vote.
Mr. Perez: Mr. Mayor, before I vote, I would like to ratify .
Mr. Rosencrantz the same challenger that I make in my office
sl 46 December 7, 1984
Mr. Perez: Mr. Mayor, before I vote, I would a to ratify
Mr. Rosencrantz the same challenger that I make in my office
a few days ago. My main concern is the fiscal health of
}
this City. Today I want to ratify you, Mr. Rosencrantz,
what I spoke with you about try to make some recommendation
against any tax increase in the City of Miami. I think in
this three months you will have opportunity to show your
fiscal management ability, your credibility as a three A
credit rating for Baltimore County during your term as
administrative officer of that area, what is justified this
decision today. I think that you will be to contribute to
the fiscal health of this community.
Mayor Ferre: Now we are ready to call the roll.
The following resolution was introduced by Commissioner
Carollo, who moved its adoption:
tyw
RESOLUTION NO. 84-1345
A RESOLUTION APPOINTING RANDOLPH B.
ROSENCRANTZ AS CITY MANAGER OF THE CITY OF
MIAMI, FLORIDA, AT AN ANNUAL SALARY OF
$89,900, TO RECEIVE THE SAME BENEFITS AS
WERE RECEIVED BY THE FORMER CITY MANAGER,
'<
SUBJECT TO THE EXECUTION OF THE ATTACHED
STIPULATION DATED DECEMBER 79 1984, SAID
APPOINTMENT TO REMAIN IN EFFECT UNTIL THE
SELECTION OF A CITY MANAGER IS MADE BY THE
CITY COMMISSION AFTER A NATIONAL SEARCH HAS
rt4..',_...
BEEN CONCLUDED BY KORN/FERRY INTERNATIONAL.
(Here follows body of resolution, omitted here
and on file in the Office of the City Clerk.)
Upon
being seconded by Commissioner Perez, the
resolution
was passed and adopted by the following vote -
AYES:
Commissioner Joe Carollo
Commissioner Miller J. Dawkins
Vice -Mayor Demetrio Perez, Jr.
'
Mayor Maurice A. Ferre
NOES:
None.
:.=..i
ABSENT:
Commissioner J. L. Plummer, Jr.
:.✓ Mayor Ferre: We do need to have him sworn in.
Y
Mr. Ongie: I'm going to have him sign the statement first
and have it notarized.
Mayor Ferre: Then I want to make a statement about the
Miami Herald.
5
6 DISCUSSION ITEM THAT FIRST ITEM ON NEXT AGENDA WILL BE
PROPOSED PUBLIC HEARINGS A ORDINANCES FOR. -STRONG MAYOR
;.r.
CHARTER AMENDMENT
0:`, "...'.--------------------------------w-------------------
Mr. Carollo: Mr. Mayor, while he's signing that, if I make
the first request of the new acting City Manager. That
request is, Mr. Mayor that he place this as the first agenda
sl 47 December 7, 1984
c1'
M
item for the next City Commission meeting, the topic of the
Strong Mayor and Administrative Mayor for the City of Miami.
I would like that item placed for discussion at the next
Commission meeting as the first topic of discussion for this
Commission. Maybe if we place that as a Charter change for
the people of Miami to vote upon, we will see a lot of these
games that are played by the shadow government of this City
stopped.
Mayor Ferre: I would also request Lucia Dougherty, if you
would send to the Manager and if you would also send to the
members of this Commission and to the Manager; the former
resolution that I had placed that you and I had diligently
worked on about the potential of the Strong Mayor form of
government with districting and the other qualifications so
that we could specifically discuss that or any other bill
that may come before us. I would also appreciate you would
mail at the same time a copy to Dr. David Hertz of the
University of Miami, who has been commissioned by the....
Mr. Carollo: Miami Herald
Mayor Ferre: ....system, if you will, to make a report on
government in Miami, and he will distribute it to the
appropriate people that through the University of Miami have
been assisting on this report.
-----------------------------------------------------
7 SWEARING —IN CEREMONY FOR NEW CITY MANAGER
------------------------------------------------------------
Mayor Ferre: Now are you ready to be sworn in, Mr.
Rosencrantz?
Mr. Rosencrantz: Yes.
Mr. Perez: Before, Mr. Mayor, I would like to request from
the City Attorney to have in the next regular Commission
meeting the resolution about the tax increase for the next
fiscal year, I would like to have in the next regular
Commission meeting.
Mayor Ferre: All right, would you swear the new City
Manager, please.
Mr. Ongie: Do you, Randolph Rosencrantz, solemnly swear
that you will protect and defend the constitution and the
laws of the United States of America, of the State of
Florida, and in all respects faithfully discharge the duties
as City Manager of the City of Miami, Dade County Florida?
Mr. Rosencrantz: I do.
APPLAUSE.
INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC
RECORD.
Mayor Ferre: Ladies and gentlemen, if you would take your
seats, this meeting has not yet concluded. First of all,
there is a gentleman here who has requested to. -be heard from
the Black Cross and I think out of courtesy to him, I
recognize you.
Rev. Jonathan Rolle: Thank you, your Honor, and God bless
you. I would like to congratulate the new City acting
Manager because the City of Miami needs someone at this time
to watch over the City of Miami and do the business for the
sl
48 December 7, 1984
T 04,
SI
City of Miami. First of all, my name is Reverend Jonathan
Rolle, for the record. I am the president of the Black
Cross Liberation Movement, a grass roots based organization
doing business of Miami and through the United States. My
concern is to protect the Black community rights and
interests. I'm concerned about when the Honorable Dr.
Johnny Jones, who was over the School Board was fired. He
was replaced by a White. The Black community lost interest.
I'm concerned about our resigning City Manager, Howard Gary,
and his action that he took in the matter of the City of
Miami Police Department Chief Kenneth Harms. Mr. Harms, who
was White, he was placed back there with a better White with
better qualifications in his place. We respect that the
Chief of Police that we have now, and who probably is much
better. I have no problems with that. Today, I
congratulate the acting Manager, but I would like to say
this. This is the bottom line, that we have a Black Manager
under tremendous pressure, forced and he made his
resignation. The Black community been quiet, I'm talking
about the grass root level. I'm not talking about the
workers at the top; I'm talking about the little ones that
don't go to meetings that be in the pool rooms and they are
there shooting dice and everything else. They don't know...
they're the ones that been quiet are this time. I'm
praying, so help my Almighty God, that the City of Miami
protect the interests of the Black community rights. We
have qualified Blacks that can have the opportunity to be
City Manager for in the City of Miami and we are looking at
that seat and I pray to the Mayor and Commissioners that
when it comes to the official time, I pray to you that the
City Manager seat will be succeeded with another Black City
Manager, who is better qualified just like we have a better
qualified Chief of Police for the City of Miami than what we
had in Kenneth Harms. Thank you, God bless you.
Mayor Ferre: Thank you.
Mr. Carollo: Thank you, Reverend, just a brief correction
for the record. The former City Manager did not resign. He
was fired.
Rev. Rolle: I know, but he was replaced by a White. He was
White, and he was replaced by a White and the White interest
was protected.
Mr. Carollo: Thank you, sir.
Rev. Rolle: And he was replaced by a qualified, better
White.
-- — — — — ---- — — ----------- — ---- -- --- — --------------------------
LONG STATEMENT BY MAYOR FERRE REGARDING LAWSUIT FILED BY
THE MIAMI HERALD AND MOTION TO RETAIN OUTSIDE COUNSEL
FOR THOSE NAMED IN THE LAWSUIT ETC.
------------ ---------------
Mayor Ferre: Now, ladies and gentlemen, I have today been
the recipient of a civil action summons at 4:00 o'clock,
which is 28 minutes ago; I received it at a quarter to four,
wherein the Miami Herald Publishing Company has retained Mr.
Dan Paul to sue me, as their attorney -they had previously,
as you know, dismissed Mr. Paul- individually and as Mayor
of the City of Miami to sue the City of Miami, a Florida
Municipal Corporation, to sue Marie Petit, my assistant,
Nestor Toledo, my assistant, and Alina Novarro, my
secretary. They are requesting an emergency injunction
sl 49 December 7, 1984
h
hearing and there is a complaint, which is number 8445183,
against me and the people that I named. I'm not going to go
into the merits or the demerits of this case because I will
of course do so in court. This morning the Miami Herald
editorial board, obviously and as usual w t out any
signature, put an editorial into the newspaper and there is
a distinguished member of the editorial board in the
audience, which basically said -I will read it into the
record, so we understand what we are talking about.
"Yesterday was Howard Gary's last day as Miami
City Manager, but the public still hasn't been
told specifically why the Miami City Commissioners
voted three to two to fire him."
In my opinion, over the past six weeks, those of us who
fired Howard Gary, have made explicit references or reasons,
lack of proper communications, and we have cited and I
personally have cited several things and I will be citing
additional things, which I was preparing for the public
hearing. It continued:
"....nor does the public know what went on in the
series of meetings involving Miami Mayor Maurice
Ferre, Governor Bob Graham, and prominent
community figures."
You notice that they carefully leave out Mr. Alvah Chapman
in this procedure, who is of course, the president of the
Knight Ridder Newspapers and was also involved in these so
called secret negotiations. For the record, may I say that
nothing came out of those secret negotiations. The
editorial continued:
"....Mayor Ferre, anticipating that Mr. Gary would
contest his ouster, drew up a bill of particulars
against him."
That is not so. I have not a drawn up a bill of
particulars. I did not draw up a bill of particulars. I
never had a bill of particulars. What I had was a series of
notes.
"....its charges became moot when Mr. Gary
announced on Monday that he would not fight to
keep his job. That bill of particulars was
incontestably a public record, whose destruction
the law forbids."
There was no bill of particulars.
"....the Mayor also kept detailed notes on the
series of meetings with those who were working to
maintain community calm."
So you see, Mr. Chapman and others were working to maintain
community calm. I, of course, was not working to maintain
community calm.
"....in those notes he summarized his and others'
comments in other words. He wrote down who said
what to whom and where and when along with his own
reactions. In the opinion of lawyers expert in
Florida's public record laws, those notes were
public records too. In brief, officials' writing
become a public record when they convey
information about how policy was or is to be
formulated or when they are circulated. In some
instances, draft excerpts of the final draft are
exempt from disclosure."
In the first place, they were not circulated, as the
Herald's editorial, in a typical Herald fashion, in a
par alized way, intimates without qu3Ea stating; the
implication being that these documents were being
circulated. They were not circulated. The Herald knows
from me, and I'm happy and will be happy under oaEh�o state
that. Furthermore, you notice that they say in the opinion
of lawyers expert in this field, but you notice that they
don't mention at all that the City Attorney, specifically
upon my request to her to identify whether my notes were
public documents, said that they were not; and the former
sl 50 December 7, 1984
17*� 11*0
3F.
{
�� :: ��f✓re <`
t.
�rii :.ssyyyy'..esti .�
City Attorney, who the Herald endorsed in the last political
election as being a super attorney and would make a super
state attorney, also told me upon a description of what I
had and said they are notes, if they are not concluded, if
they are not numbered, if they are full of mistakes and have
lines across them and written notes and changing of
paragraphs, sentences, and words, it is not a document, but
a series of notes. And lastly, my own personal attorney,
who specifically read one of the documents and the Herald
again erroneously states that we were drafting a bid of
particulars. Mr. Nestor Toledo and Marie Petit were not at
that point, drafting a bill of particulars. BUt the point
of it all is that the Herald in their editorial very
casually omits that there was at the time the opinion of
three attorneys that these were not public documents, which
is what I was guided by. But of course, they are not going
to be objective in their analysis, nor have they ever
pretended to be, and I guess that in fairness to them, this
is a subjective editorial. I don't mind it being
subjective. What I do mind is that it is not fair. "Mayor
Ferre.... " it continues...
They carefully avoid saying that I consulted with three
attorneys. That contention is spuriiiiious.
"The bill of particulars was intended to justify
Mr. Gary's firing. Not so, no further drafts were
acquired or intended once Mr. Gary mooted the
bill's purpose, nor were the Mayor's notes a
draft. He circulated them."
I did not circulate them. That is an outright lie of the
Miami Herald.
"....he and aides had access to them."
Of course, I wrote, and my aides helped me in writing them.
"....he manifested no intent to redraft them until
the Herald formally asked to inspect them."
False again and under testimony, I and my staff will be
testifying -I'm sure in court- that this was an on -going
process that was going on every single day since October
25th. Certainly, I don't sit around waiting for the Herald
to give me orders, even though they certainly would like to
do that.
"....Then and only then did he spend several hours
trying to sanitize them before destroying them."
Again, that is an outright lie. That process was on -going
on a continuous basis.
"....He ripped them up and threw the fragments
into the garbage, he says, to prevent
embarrassment to the meetings participants' and
further harm to Mr. Gary. So now these public
records compiled by a public official, transcribed
at public expense, and bearing directly on public
business, no longer exist. Mr. Ferre obviously
feared the consequences of the public's knowing
these records counted more than he feared of the
possible penalties of up to a year in jail and a
thousand dollar fine for destroying public
records. State Attorney Janet Reno says she is
investigating whether the Mayor broke the law.
Whatever the legal judgment of Mayor Ferre's act
proves to be, there is no question that. what he
did was morally wrong." •'
Of course, it is the Miami Herald who establishes the moral
posture of this community.
"His errant, arrogant, indefensible destruction of
his record of a potentially incendiary event was
wrong no matter how it's viewed."
Of course, this is infallible statement made by the holy
mother church by the bay.
sl
51 December 7, 1984
/ ' ,
"...Miami residents have the perfect opportunity
to tell him so. All they need to do is sign the
next round of petitions to recall Mayor Ferre."
Now we get to the truth, may they do so in droves. Let me
lastly say that Mr. Paul and the Miami Herald will be
hearing from me also legally, because at a luncheon on
Wednesday for the Rouse Company, the same Mr. Paul
approached me and specifically stated and I quote, "the
editors of the Miami Herald are incensed and they are going
4
to put you in jail." Now I want to know, I know the Miami
..-,.._
Herald has tremendous power, but I didn't know the Miami
emerald's power extended to putting people in jail.
ur ermore, the attorney for the Miami Herald, Mr. Sam
Terrelli, called Mrs. Dougherty and made a similar statement
to her. I will let her speak for herself at the appropriate
time in court as to what that statement actually said. But
it seems to me that it is time for us to... the Miami Herald
wants to take me on once again and they certainly have e
right to do that, but this time it's obviously a serious
matter for both of us
Mr. Carollo: Mr. Mayor, if I may ....
Mayor Ferre: I would like to... yes.
Mr. Carollo: I'd like to make a motion at this point in
time, Mr. Mayor, and let you proceed. I'm sorry to
interrupt you, but I think it's a sad, very sad state of
affairs when you have a newspaper whose editorial oar ,
whose chairman of the board, act more like a junta, act more
_.'
like some kind of dictatorship in one of these countries
-.r,.
that they attack so much. It's inconceivable that the
attention that they gave to a letter by a very respected
#'
member of the legislature, representative Dexter Lehtinen,
when he warned Mr. Chapman that he was in violation of the
r1}
Sunshine Law, that they didn't come with editorials such as
these demanding that the State Attorney investigate Mr.
Chapman. What is happening is that the Miami Herald doesn't
control what they thought was their monopoly board, their
monopoly game any longer. They can no longer say who gets
what, who goes to Boardwalk, who gets Parkway, or anything
else. See, in a democracy, the way it works, if you're not
, you go to the polls and you vote
satisfied with an official p
him out of office, but what happens is that the Miami Herald
can't vote anybody out of office, at least in the CIty o
Y ' '
Miami.
Mayor Ferre: Joe, excuse me, but Miller is
about to
leave
because he has to and he has written out a
statement
that
he's voting with the motion that I'm going to request
that
the City of Miami Attorney defend this matter
in court
and I
-,
retain personal counsel and Marie Petit, Nestor Toledo,
and
a,
Alina Novarro retain personal counsel and as
long as
I was
following the advice of the City Attorney,
B Y Y �
that the
City
Y
therefore pay for the legal defense.
AMr.
Dawkins: I second that motion.
Mr. Carollo: That was the motion that I wanted to make,
Mr. Mayor.
Mrs. Dougherty: Mr. Mayor, it's my opinion that the City
Attorney ought to represent the three, the.City and the
three other employees in your office. They are not asking
for damages against those particular people, they're just
asking for the injunction of tearing up any further public
records.
Mr. Dawkins: What we're trying to say, Madam City Attorney,
is that in the event that there are legal fees coming up in
sl 52 December 7, 1984
■
this, that since the Mayor was acting in the capacity of the
Mayor, that the City of Miami has....
Mayor Ferre: And following the advice of the City Attorney.
Mr. Dawkins: ....City Attorney, the City of Miami has to
pick up any legal fees that occur out of this.
Mrs. Dougherty: What I'm saying is that I think it is
totally appropriate and proper for the Mayor, for the City,
to hire outside counsel to represent the Mayor. What I'm
saying is that it's not necessary to do so for those other
employees.
Mayor Ferre: Is there such a motion?
Mr. Carollo: Let me be specific, Mr. Mayor. My motion
states that the City of Miami pay for whatever outside legal
counsel the Mayor would like to hire and whatever outside
legal counsel any of the people mentioned in that law suit
would like to hire, if they so wish.
Mayor Ferre: Further, wait a minute, I think it has to be
amended. It has to state that the City Attorney is
instructed to defend the employees and the City of Miami,
and with regards to my attorney's fees individually, that
she be authorized to negotiate; because I don't want to get
in the middle of negotiating the fees.
Mr. Carollo: I certainly accept that amendment.
Mr. Dawkins: I second that and accept that.
Mayor Ferre: Is that the way to do it, Lucia?
Mrs. Dougherty: Yes, sir.
Mayor Ferre: It's all based on the premise that I was
following the City Attorney's... not recommendations, but
statement to me that those were not public documents at the
time.
The following motion was introduced by Commissioner
Carollo, who moved its adoption:
MOTION NO. 84-1346
A MOTION OF THE CITY COMMISSION STIPULATING
THAT, IN CONNECTION WITH THE CIVIL ACTION
SUMMONS FILED BY THE MIAMI HERALD AGAINST
MAYOR MAURICE FERRE AND SOME MEMBERS OF HIS
STAFF: (1) THE CITY ATTORNEY IS HEREBY
INSTRUCTED TO DEFEND THE CITY OF MIAMI AND
THE MAYOR'S AIDES WHO ARE NAMED IN THE
LAWSUIT; (2) THE CITY OF MIAMI WILL PAY FOR
WHATEVER OUTSIDE LEGAL COUNSEL THE MAYOR
DECIDES TO RETAIN BASED UPON THE PREMISE
THAT THE MAYOR WAS FOLLOWING THE ADVICE OF
THE CITY ATTORNEY IN CONNECTION WITH THE
ALLEGED VIOLATION OF LAW STIPULATED IN THE
AFORESAID CIVIL ACTION SUMMONS; AND (3) THE
CITY ATTORNEY IS HEREBY AUTHOPIZED TO
NEGOTIATE WITH THE OUTSIDE COUN$BL TO BE
SELECTED BY THE MAYOR REGARDING THE FEE TO
BE CHARGED FOR HIS PROFESSIONAL SERVICES.
Upon being seconded by Commissioner Dawkins, the motion
was passed and adopted by the following vote -
AYES: Commissioner Joe Carollo
sl 53 December 7, 1904
M.
f;
i
Commissioner Miller J. Dawkins
Vice -Mayor Demetrio Perez, Jr.
NOES: None.
ABSENT: Commissioner J. L. Plummer, Jr.
ABSTAIN: Mayor Maurice A. Ferre
— - — — - — — - - — — — • .. • - — - — — — - — — — — — — — - — — — — - — — — - — - — — - — — — — - — — - — - — - — - — -
NOTE FOR THE RECORD: Mayor Ferre, although voting with the
motion, later abstained.
----------- ------------------- ----------•-•-•---------------
Mr. Carollo: Mr. Mayor, I think with this, and I don't want
to make a premature motion right now, but I think the Herald
should fully understand that whatever this City has to do to
achieve its right of self-determination, like they so much
want for other countries in the other parts of the world,
we're going to do whatever it takes to have that right of
self-determination, and whatever we have spend in attorney's
fees we will spend to protect the residents of Miami, not
the individuals that write those editorials that don't live
in the City of Miami.
Mayor Ferre: Lucia, excuse me, I really... Lucia, I should
not be voting on this, since I'm personally involved, right?
Mrs. Dougherty: That would be best, Mr. Mayor.
Mayor Ferre: Will the record reflect that I withdraw my
vote on this?
Mr. Ongie: Yes, sir.
Mayor Ferre: Let the record reflect that I did not vote on
this.
Mr. Carollo: Last but not least, Mr. Mayor, one last
comment on the Herald. Since there is a member from the
editorial board here from the Herald, I remember a recent
article she wrote. She stated in her article that sadly so,
but Cubans are for Cubans. Well, I'm sorry that we again
prove you incorrect today and show that Cubans voted for the
best interest of the City and Cubans are for all of Miami,
not just for Cubans.
APPLAUSE.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE CITY
COMMISSION, THE MEETING WAS ADJOURNED AT 4:46 P.M.
ATTEST:
Ralph G. Ongie
CITY CLERK
Natty Hirai
ASSISTANT CITY CLERK
Maurice A. Ferre
M A T 0 R
sl
54
December 7, 1984
ii ---Y' OF Npi ml
I
DOCUMENT
MEETING DATE:
DECEMBER 7, 1984.
INDEX
DOCUMENT IDENTIFICATION
AUTHORIZE AGREEMENT WITH THE EMPLOYEE ORGANIZA—
TION KNOWN AS THE SANITATION EMPLOYEES ASSOCIA—
TION. (OCTOBER 1, 1984, THROUGH SEPTEMBER
30, 1985).
APPROVE AGREEMENT BETWEEN THE CITY OF MIAMI
DEPARTMENT OF OFF—STREET PARKING AND BAYSIDE
CENTER LIMITED PARTNERSHIP.
APPROVE MINORITY INDIVIDUALS: RAUL MASVIDAL,
ARMANDO CODINA, GARTH REEVES, RONALD E. FRAZIER,
AND IGNACIO GARCIA, TO BECOME LIMETED PARTNERS
' IN BAYSIDE CENTER LIMITED PARTNERSHIP TO PLAN,
_. DESIGN, CONSTRUCT, LEASE AND MANAGE THE BAYSIDE
SPECIALTY CENTER.
AUTHORIZE LEASE AGREEMENT WITH BAYSIDE CENTER
LIMITED PARTNERSHIP ON BEHALF OF ROUSE—MIAMI,
4_. INC. FOR PLANNING/DESIGN/CONSTRUCTION/LEASING/
MANAGEMENT OF "BAYSIDE SPECIALTY CENTER".
AUTHORIZE LEASE AGREEMENT WITH BAYSIDE CENTER
LIMITED PARTNERSHIP ON BEHALF OF ROUSE—MIAMI,
INC. FOR PLANNING/DESIGN/CONSTRUCTION/LEASING/
MANAGEMENT OF BE KNOWN AS "BAYSIDE SPECIALTY
CENTER PARKING GARAGE AND AREA B SURFACE LOT".
AUTHORIZE AGREEMENT WITH CITY OF MIAMI DEPART—
MENT OF OFF—STREET PARKING, TO REIMBURSE THE
DEPARTMENT ($80,000) ANNUALLY FOR LOSS OF
REVENUES CAUSED BY THE ELIMINATION OF PARKING
METERS TO CONSTRUCT THE BAYSIDE SPECIALTY
CENTER PARKING GARAGE AND SURFACE PARKING
LOT.
AUTHORIZE AGREEMENT WITH THE CITY, BAYSIDE
CENTER LIMITED PARTNERSHIP, AND MIAMI MOTORSPORT,
INC. SETTING FORTH THE RIGHTS AND OBLIGATIONS
OF THE PARTIES IN CONNECTION WITH THE MIAMI
GRAND PRIX RACE OR OTHER RACE EVENTS.
AUTHORIZE EXECUTION OF "AMENDMENT TO AGREEMENT"
WHICH AMENDS THE AGREEMENT BETWEEN THE CITY
OF MIAMI AND MIAMI MOTORSPORTS, INC. ("LICENSEE")
PROVIDING FOR THE ESTABLISHMENT OF OBLIGATIONS
IN CONNECTION WITH THE BAYSIDE SPECIALTY CENTER
AND PARKING FACILITY AND STAGING OF RACE EVENTS
IN BAYFRONT PARK AND ADJACENT CITY —OWNED RIGHT—
OF—WAY.
APPOINT RANDOLPH
OF THE CITY OF
OF $89,900 WITH
MANAGER; ETC.
B. ROSENCRANTZ AS CITY MANAGER
MIAMI, AT AN ANNUAL SALARY
SAME BENEFITS AS FORMER CITY
SSION RETRIEVAL
'ION A D CODE NQ.
84-1335
84-1341-1
84-1341-2
84-1341-3
84-1341-4
84-1341-5
84-1341-6
84-1341-7
84-1345