HomeMy WebLinkAboutCC 1984-03-13 MinutesCITY OF MIAMI
OF MEETING HELD ON txcx 13, 1984
(SPECIAL)
PREPARED BY THE OFFICE OF THE CITY CLERK
CITY HALL
RALPH G.. ONGIE
CITY CLERK
-I TEM NO.
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(SPECIAL) SIJB,W MARCH 13, 1984 SOW I ONI%7 PAZ NO$ _
ACCEPT CONTRACT AS RECOMMENDED BY CITY MANAGER.
UNITED STATES FOOTBALL LEAGUE CONTRACT. M-84-316 1-10
DISCUSSION ITEM:
DEFICIT OF RECENT ANTIQUE SHOW.
(REFERRED TO THE CITY MANAGER) DISCUSSION 11-12
PERSONAL APPEARANCE:
BOB SCULLY.
DISCUSSION OF FUTURE USE OF PLATFORM/SKYWALK MATERIALS
USED AT RECENT ORCHID SHOW. DISCUSSION 12-13
DISCUSSION ITEM: _=
PORT BRIDGE - ACCESS - INVITE OFFICIALS TO 3/29
MEETING. DISCUSSION 13-15
SCHEDULE CABLE T.V. HEARING MARCH 29, 1984. DISCUSSION 15
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3f 4'
MINUTES OF SPECIAL MEETING OF THE
CITY COMMISSION OF MIAMI, FLORIDA �
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On the 33th day of March, the City Commission of Miami, Florida
met at its regular meeting g place in said City in Special Session to .*;y
consider business of public import, namely United States Football "?
League contract.
The meeting was called to order at 8:20 A.M. by Mayor Ferre with
the following members of the Commission found to be present:
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
ALSO PRESENT: Howard V. Gary, City Manager
Jose R. Garcia -Pedrosa, 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. ACCEPT CONTRACT AS RECO11MENDED BY CITY MANAGER - UNITED STATES
FOOTBALL LEAGUE CONTRACT.
Mayor Ferre: Good morning, Ladies & Gentlemen, this is a Special City
of Miami Commission meeting, called at 8:00 A.M. in the morning be-
cause of the proposed United States Football League Contract for the City
of Miami, for the use of the Orange Bowl Stadium. As you may remember,
this matter was discussed on Thursday and we were going to vote upon it.
However, a member of the Commission invoked the five day rule and as a
consequence, out of courtesy to Commissioner Carollo, we put off this
matter for five days. Today legally is the fifth day and it is now
appropriately legally before us. This is a Special Commission meeting,
therefor, to discuss the U.S.F.L. proposal. Mr. Manager, the Chair
recognizes you.
Mr. Plummer: Mr. Mayor, I move that we accept the contract as proffered.
Mr. Dawkins: Second.
Mayor Ferre: Motion and a second. This is going to be the quickest
Commission in the record of the City of Miami.
Mr. Plummer: Any further questions?
Mayor Ferre: Mr, Manager, do you want to say something?
Mr. Gary: No, sir.
Mayor Ferre: Mr. City -Attorney?
Mr. Garcia -Pedrosa: No, sir.
Mayor Ferre: I assume that you have reviewed this and that it is legal
as to content?
i
Mr. Garcia -Pedrosa: I approved it as to form and correctness, Air. Mayor.
A
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MAR 13 1984
Mayor Ferre: All right now, Mr. Manager, on the record so that we
understand...Should the voters today approve the Orange Bowl improve-
ments for $55,000,000, I understand - it is my understanding in voting
for this, that should the Commission pursue the sale of the bonds and•
the usage of the money for the reconstruction of the Orange Bowl there- ;r=
of, that the U.S.F.L. is aware that we would reopen negotiations for
the sole purpose of going into a longer term contract with them so
as to assure the viability of the sale of the bonds, is that correct?
Mr. Gary: Yes, sir.
Mr. Cesar Odio: Well, this contract, in (inaudible word) will make
it a ten year contract automatically.
Mayor Ferre: Tell me again.
Mr. Odio: If you approve this contract, if the Orange Bowl issue
passes, this will become a ten year contract.
Mayor Ferre: All right, would you show me that clause, because this
is a new...
Mr. Odio: Page 16, Paragraph 19.
Mayor Ferre: Page 16, Paragraph 19 - Stadium Renovations. "In the
event of the $55,000,000 bond issue receives voter's approval on March
13th, the City renovates the Orange Bowl in accordance with the plans
connected with such Bond Issue, or not withstanding the passage of said
Bond Issue, the City elects to do substantially similar renovations to
the Orange Bowl, then and in either event, and not withstanding anything
contained herein contrary to this agreement shall be automatically modi-
fied and amended to provide as follows:
(a) That the initial term of this Agreement shall be for a ten
year period beginning with the 1985 season. Thereafter the U.S.F.L.
shall have the option of renewing this Agreement on the same terms for
four additional three year periods.
(b) That both parties hereto acknowledge that the construction of
said renovations to the Orange Bowl will cause some inconvenience and it
may become necessary for the City and U.S.F.L. to impose some reasonable
restructions upon the ue of the Orange Bowl. However, said restrictions
will not interfere with the U.S.F.L.'s right to play its regularly
scheduled football season and that at all times during said renovations
the Orange Bowl shall be able to seat at least 45,000 spectators at
U.S.F.L. football games. Provided City complies with the above, there
shall be no reduction or abatement of the use fee provided herein..
(c) Such other modifications and amendments as are mutually ac-
ceptable to both parties hereto."
Mr. Odio, is this the only change in this contract since Thursday?
Mr. Odio: No, sir, according to the City Attorney, we did clean up the
language in the insurance clause, but it wasn't any substantial change,
just the language, am I correct, Mr. City Attorney?
Mayor Ferre: Mr. City Attorney, on the record.
Mr. Garcia -Pedrosa: Yes, Mr. Mayor, we did that and we did a couple of
other small language type changes.
Mayor Ferre: But there are no substantive changes, other than Page 16,
Paragraph 19?
Mr. Odio: No, sir.
Mr. Plummer: That was not a substantive change, Mr. Mayor. That was
an amendment the other day, so it is not a substantive change.
Mayor Ferre: Okay, in other words, this is the amendment that was in-
cluded in the motion on Thursday.
Mr. Plummer: Correct.
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2 MAR 13 1984
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Mayor Ferre: Are there any other changes with regards to franchise, or '
dollars, or any other changes of any kind?
Mr. Odio: No, sir.
Mayor Ferre: Other than what we received last Thursday?
Mr. Odio: That is right.
Mayor Ferre: Okay, there is a motion and a second for this contract
as presented.
Mr. Plummer: Mr. Mayor, I only have one question which I want to
establish on the record. I have read the contract, I have read the
newspapers. Mr. Gary, in the long haul, the University of Miami has
been there, and I want to make sure the University of Miami is going
to be there. On the record, the University of Miami, it is said, is
- considered a major tenant. They are in fact, protected like all others.
- Is that correct?
Mr. Gary: Yes, sir.
Mr. Plummer: Okay.
Mayor Ferre: Now that you have brought up the University of Miami, and
with all due respects to Dr. Foote, and the Coach and all those, I want
to make sure that it is understood that when their contract is over in
1986 and we are going to go into a major remodeling of the Orange Bowl,
they are going to have to either fish or cut bait, and either they are
in, or they are out. They have until 1986, we don't need their answer
today, but the point I want to make, is if that Miami Herald reporter
in the Sports Section who says that the University of Miami is for
the remodeling of the Orange Bowl, it was also a statement that if in
the future they can figure out a way to build a stadium, they will
then abandon the Orange Bowl and go out of that stadium. That's fine,
as long as we don't put any major money into improving the stadium,
but we go in and put major money into improving the stadium, then I
would expect that the University of Miami would realize that it would
have a major fiduciary responsibility to play football in that stadium
for a longer period of time than just a couple of years.
Mr. Odio: Mr Mayor, the contract that the University has at their
option, at their option extends to 1991.
Mayor Ferre: Okay, so then, in other words, what you are saying is,
they are the ones that have the option. We have nothing to say until
1991.
Mr. Odio: They do have a 10% contract which is what we are offering
the U.S.F.L. We do have a good contract with the University and as
their attendance grows, we had a very good year with them.
Mayor Ferre: Well, that is something, then, Mr. Manager, you will
have to :sgotiate with them in the future, but if these bonds pass, we
need to ma::e sure that they make a long term commitment, along with
the U.S.F.L., and the Orange Bowl Committee. All right, any other
questions?
Mr. Perez: Mr. Mayor, no question, but I would like to clarify - Mr.
Odio, that is only a small detail, but I read this just this morning,
and it is too late yesterday night - on Page 2, you have a part that
says that the City will retain exclusive rights to Booth AA about
the 16 seat view. Does it have any contradiction with the Page 11?
Mr. Plummer: No.
Mr. Perez: What is the difference? - Page 11(b).
Mr. Odio: What we are saying in 11(b), is the City shall pay the
U.S.F.L. 6% of the City'sportion of the concessions. Is that what you
are referring to, Commissioner?
MAR 13 1984
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Mr. Pere2': No, no. That is the paragraph that says that -
the City may purchase o£...the first paragraph.
_ Mr. Odio: Oh, what we are doing is this. We are keeping the City
boxes. Once you rent the stadium, Commissioner, you have to buy a
hd
ticket to get into the boxes, and they are giving...
,l
Mr. Plummer: That is it - the same policy. wY
„t
Mr. Perez: About the third one that says that the City agrees to
permit the use of the Curtis Park. Would Curtis be available to
the people who people in the future, or only for the U.S.F.L.?
Mr. Odio: No, no. The park will be open to the public, except the
football field there if they decide to use it, because they have not
said they would. We were offering this to them as we did the Inter-
national Football League, so that we were not offering less than the
others. They might not use the park, but it would only be during
practice for two hours, maybe, a day.
Mayor Ferre: Other questions?
Mr. Plummer: Call the roll.
Mayor Ferre: Wait a minute, I have a question on concessions. Are you
finished, Demetrio? On concessions now, are there any changes on the
concession clause from Thursday?
Mr. Odio: No, sir.
Mayor Ferre: Now, in Page 12, in Section (b), "The City shall pay
the U.S.F.L. 6% out of the City's 31% of concession revenue derived
from general concession during U.S.F.L. games and 6% out of the City's
35% on the beer". Now, is that between now and 1986?
Mr. Odio: This is for the term of the contract.
Mayor Ferre: For the term of the contract. Well, what makes you think
we are only going to get 31% beyond 1986?
Mr. Odio: When the Dolphins leave the stadium, if they do leave...
Mayor Ferre: Or even if they don't leave! We are not going to give
them any ... this sweetheart deal they have on concessions and beer,
which by the way, I estimate Joe Robbie puts a million dollars in his
pocket every year, out of the stadium, not out of the football team,
not out of television, out of the stadium. He makes more money out of
that stadium than we do, and so, the question is, assuming that the
next time around, he doesn't get that sweetheart contract on the
concessions, all the U.S.F.L. gets is 6%, is that correct?..no matter
what we get. Mr. City Attorney, is that abundantly clear in legal
terms in Section 12(b)?
Mr. Garcia -Pedrosa: 12(b)? You mean 11(b).
Mayor Ferre: Page 12, Section (b). I am sorry, it is 11(b). You are
correct.
Mr. Garcia -Pedrosa: Well, that is what we are discussing, Mr. Mayor.
I think we might have to make a very minor manicuring type changes to
reflect the intent.
Mayor Ferre: That is why I bringing it up for discussion. The legis-
lative intent of this, if we pass it today, is to reflect that they
only receive 6% of the concessions, both for the food and the beer.
Mr. Garcia -Pedrosa: And we get 25%.
Mr. Dawkins: Under discussion.
ld 34 MAR 13 1984
1
Mayor Ferret Are we getting 25% as long as we are only getting 31%
but; if we receive more than 31%, they still only receive 6%, no
matter what we get.
Mr. Garcia -Pedrosa: And T am glad you said that, Mr. Mayor, because
the manicuring that we have to do is with respect to those first two
lines of ll(b) on Page 12. It is really not 6% of 31%. It is 6 per-
centage points...
s;Y
Mayor Ferre: Of the total 100.
Mr. Garcia-Pedrosa:....of the 31 percentage points that the City gets
with the 35, or whatever the City would be getting.
Mayor Ferre: My only interest is to memorializing into the record
that it is the legislative intent of this Commission on voting for
this contract, that they will receive 6% of the gross throughout the
contract period, no matter what the City receives. The City may re-
ceive more than 31%.
Mr. Dawkins: Discussion.
Mayor Ferre: Yes, sir.
Mr. Dawkins: I disagree. I mean, if we are going to lock these people
into a marriage, we have to be fair. Now, if we are talking in terms
of 6% of whatever we get, I mean, if 6% of 25%...if we were talking in
terms of 31% of the total 100%, and they get 6% of that, then I am in
favor of calculating what that percentage is out of the total. I mean,
just because Joe Robbie socked it to us, we have to be fair. If we
are making a million dollars out of the concession, after it is all
over, let's don't says we are just going to give them 6%! Now, that
is just my personal opinion.
Mr. Gary: What the intent of this is, 6% of the gross revenues that
comes to the City. Okay? Whatever we get...
Mr. Plummer: No, no, nol
Mr. Dawkins: Oh yes, yes, yesl
Mr. Gary: That's what it isl
Mr. Dawkins: Yes, yes, yes!
Mr. Garcia -Pedrosa: That is not what I said.
Mr. Plummer: Of the City's take.
Mayor Ferre: Well, that is what I understood.
Mr. Dawkins: That is what the Mayor is trying to clear up.
Mayor Ferre: What I understood whas exactly that - that no matter
what we get, they get 6% of the gross.
Mr. Gary: Right, 6% of the gross of what the City receives.
Mr. Dawkins: Well, that is not 6% - it was 25%.
Mayor Ferre: That's confusing. Howard, I think what I am saying is
more generous than what you just stated. 6% of whatever we get, right
now would be 6% of 31%, but what I am saying is is that they get 6%
of the gross, period.
Mr. Gary: No, no.
Mr. Plummer: Of the total gross? Oh nol
Mr. Gary: No. You are not taking out expenses and stuff, Mr. Mayor.
Mr. Plummmer: No.
V5
MAR 13 1984
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Mr. Gary: But
tenants,
they get whatever
we give them, reg.Ardless of
whether it is
50%,
or whether it is the gross revenues or, They
get 6% of what
we
receive.
Mr. Dawkins:
Tney
get 6% of the net.
fu
Mr. Gary: Right.
As we grow....
Mr. Dawkins:
No,
they get 6% of the net.
Mr. Gary: No,
6%
of the gross of +chat we
receive.
Mayor Ferre:
All
right, I am glad we cleared up, Mr. Manager, and I
accept that.
Mr. Plummer:
Net
and gross is the same..
Mr. Gary: It
is.
Mayor Ferre:
No.
Mr. Plummer: Yes, to all.
Mr. Dawkins: Gross, you have got to pay 6% out of.
Mr. Gary: No. Look, excuse me. Under the current arrangement, Commis-
sioner Plummer is right 6% of gross is net. You are right.
Mr. Plummer: We have no expenses.
Mr. Gary: However, on the future agreement, gross and net can be two
different things, okay? So, in fairness to them, they will prefer (at
least, if I were them) I would take 6% of the gross, whatever the City
received, okay?
Mayor Ferre: 6% of gross?
Mr. Gary: That is right, because what happens is, under the current
arrangement, they are going to get good money, but on the future arrange-
ments, they are going to get even more money.
Mr. Plummer; Maybe.
Mr. Gary: Maybe.
Mr. Plummer: Well, that is no guarantee, now.
Mr. Gary: There is no guarantee, but put it this way - there is a pos-
sibility, but if you limit them, they don't get any increases later
on, if we change the arrangement.
Mr. Plummer: Cesar,per game, approximately what is the City averaging,
that 31%?
Mr. Odio: About $50,000 per game.
Mr. Plummer: In other words, we are getting $50,000 average per game?
Mr. Odio: Yes, sir.
Mr. Plummer: Okay.
Mr. Dawkins: What is our overall gross, Cesar?
Mr. Plummer: No, no, that is concession, now.
Mr. Odio: That is what we are getting.
Mr. Dawkins: No, no, under the concession.
Mayor Ferre: Listen to his question!
MAR 13 1984
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Mr. Odio: One game, we should receive approximately...
Mr. Dawkins: No, no, no.
Mayor Ferre: He didn't ask you that. What is the gross?
Nr. Dawkins: Gross sales...
Mr. Odio: $50,000... on, not on gross?
Mayor Ferre: That is the question.
Mr. Plummer: It would be about $150,000.
Mayor Ferre: No, sir, because you have expenses.
Mr. Odio: No, no...
Mayor Ferre: No, no, I understand that. You are not following his
question. Now, listen, because you are not listening to the question,
that why you are not answering it. Listen to the question. He wants
to know what the Miami Dolphins, who have the concession rights, sell
gross at every game - not what we get net. We understood that we get
$50,000 net, that is 31%.
Mr. Odio: My answer to that is, between $150,000 and $180,000, depending
on the crowd.
Mayor Ferre: So therefore you are saying there are no expenses.
Mr. Plummer: Nol No!
Mayor Ferre: It doesn't cost anything to sell beer.
Mr. Plummer: No, Maurice.
Mr. Odio: No, you are asking me the gross of what the Dolphins sell,
Mr. Mayor - that is what they sell.
Mr. Plummer: The expenses come out of the 100% of Robbie's.
Mayor Ferre: I understand that Robbie pays the expenses. I am trying,
and I think that is what the Commissioner is trying to do, is to find
out what the total sales figures of everything is at every game, and it
has got to be more than $150,000. If we are netting $50,000 out of the
31% that we get, that means Mr. Joe Robbie is therefore getting 69%.
If we get 31%, he ants 69%, which means he gets twice as much, or a _
little bit more. If we get 50%, he gets 100%. Okay, that is 150 of
what the net take, but there is an expense - the beer, the food...
Mr. Gary: He pays -for that.
Mr. Odio: He pajd for that.
Mayor Ferre: I realize that! I realize that, I understand that he
pays for it. I am trying to get what the sales figures are for us
to make 50, and he to make 100. Does he sell $300,000 worth?
Mr. Plummer: No, Maurice, a $100,000. Look, use round figures.
Mr. Gary: No.
Mr. Plummer: $150,000 gross. We get $50,000. The expenses come out
of his $100,000.
Mr. Gary: Exactly.
Mayor Ferre: Oh, it doesn't come out of...
MAR 13 1984
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Mr. Gary: No, it doesn't. It comes out of his.
Mr. Plummer: No, ours is a net figure.
Mayor Ferret Oh, in other words...
Mr. Plummer: What I an really...
Mayor Ferre: He doesn't make $100,000, then. He makes...
Mr. Plummer: Less expenses.
Mayor Ferre:...less expenses. $100,000, less expenses.
Mr. Gary: Exactly.
Mr. Plummer: Plus, he also makes off the scoreboard. He also makes off
the souvenirs. In effect, is it a fair statement to say...
Mr. Dawkins: Take off the parking.
Mr. Plummer: No, he doesn't make a thing off the parking, that is ours.
It is the only thing we have got left! It is a fair thing to say that
if he in fact pays us rental of $21,000, is that what your approximation
is?
Mayor Ferre: No, less than... $15,000.
Mr. Plummer: Call it $20,000.
Mayor Ferre: $15,000.
Mr. Plummer: Okay, so in effect, it completely offsets anything he pays
us in rental.
Mayor Ferre: Oh, he makes money on the stadium.
Mr. Gary: Oh, no doubt.
Mayor Ferre: Plummer, no, no. Let's go over the figures, because I
have been doing this week in talk shows and on radio. Let's cover
the figures. He pays us $45,000 a game, okay? Now, in turning on the
lights and cleaning the place and securing it, it costs us $30,000.
Right? That means that he gets the stadium for $15,000 a game. In
addition to that, between souvenirs, the concession for both food and
beer and the other things the he makes on that stadium, he makes close
to $100,000.
Mr. Odio: Yes, because you can figure $3.00 per head, average, so if
you have 70,000 people, he will sell $210,000.
Mayor Ferre: So let's say that he conservatively makes $100,000 a game,
and since he plays 10 games, my statement is, that me makes $1,000,000
off of the stadium, which the City taxpayers, and the people of Miami
do not make $1,000,000 off the stadium. He makes the money! ... which is
fine. I just want to get the record straight as to what Robbie makes,
because Robbie, you know, says how great and generous he is to the
people of Miami and you know, he cries every day all the way to the bank!
Mr. Dawkins: Don't leave out the Orange Bowl, the local football games
and all that he gets...
Mayor Ferre: That he makes money on too, all right. So he makes well
over $1,000,000 on that stadium - that little old terrible, decrepit
stadium that he hates so much, is responsible for $1,000,000 into his
pocket every year!
Mr. Plummer: About $9,000,000 in T.V. rights!
Mayor Ferre: Okay, now - did we get the language cicared up?
ld Js 'MAR 131984
(INAUDIBLE COMMENTS NOT PLACED INTO THE PUBLIC RECORD)
Mr. Plummer: Mr. Mayor, I would like to congratulate Mr. Gary on his
very smart maneuver this morning to pass the bond issue in referenceNM
r
to the flooding of streets. He has got Public Works to stop up all of
12
the sewers, to emphasize the point that storm sewers are needed, and
I think that was a very smart move between he and he and his protegee, 1
God!
Mayor Ferre: It is wet out there!
Mr. Plummer: Mr. Legal Beagle, I want a disclaimer in this thing.
Mr. Garcia -Pedrosa: For what?
Mr. Plummer: I will tell you as soon as you all quit arguing..
Mr. Odio:Mr. Mayor, for your information, on the tractor -pull that
we had, the City made $93,000 net profit.
Mr. Dawkins: The what?
Mr. Plummer: The tractor -pull.
Mr. Odio: They almost demolished a trailer.
Mr. Dawkins: We made what?
Mr. Odio: $93,000. What that means is Mr. Robbie also made a lot of
money.
Mr. Plummer: Excuse me, when you say $93,000, was that just rental?
Mr. Odio: That is including concessions and parking.
Mr. Plummer: Rental and concessions. Okay.
Mr. Dawkins: Demolition, we made $93,000.
(INAUDIBLE BACKGROUND COMMENTS NOT ENTERED INTO THE PUBLIC RECORD)
Mr. Dawkins: Well, I'm sorry Mr. Carollo is not here to see Mr. Gary
and the City Manager earning their money.
Mr. Plummer: He is over at the motor pool.
Mr. Garcia -Pedrosa: Yes, we are ready, Mr. Mayor.
Mayor Ferre: All right.
Mt. Plummer: Well, okay, let me tell you the disclaimer I want. I
think it is fair. I want some kind of clear language that the U.S.F.L.
understands that at the termination of the present concessions, that
they have no inherited rights to that concession, other than the 6% that
is guaranteed to them in this contract.
Mr. Odio: Well, Commissioner, I might read to you that in Paragraph
11(a)...
Mr. Gary: Let them finish reading it first.
Mayor Ferre: Let the City Attorney read into the record wnat the
correct language is.
Mr. Garcia -Pedrosa: For the record, Mr. Mayor, I am reading what will
now be Paragraph 11.(b) at the top of Page 12, and the paragraph will
read as follows:
"The City shall pay to the U.S.F.L. 6% out of the City's
concession revenue from the Miami Dolphin's agreement,
derived from General Concession sales made during U.S.F.L.
ld►9
MAR
13
1984
11
games, and 6% out of the City's Concession revenue from said
agreement derived from beer concession sales, made during
U.S.F.L. games."
And you knock off the example, and you add
"When the current concession agreement with the Miami Dolphins
ceases to be operable, the City will pay to the U.S.F.L. 6%
of the City's net concesssion revenue resulting from U.S.F.L.
games."
Mayor Ferre: Thank you, sir. Anything else?
Mr. Odio: To satisfy Commission Plummer, if you read Paragraph 11(a)
at the beginning of the paragraph it says:
"U.S.F.L. acknowledges that it has no concession rights during
the term of this agreement except as described herein.".
Mayor Ferre: Okay, anything else before we vote? Are we ready to
vote now?
Mr. Dawkins: Yes, call the question.
Mayor Ferre: Does anybody here wish to say anything to this Commission
so that the record can reflect that we have opened it to any public
statement by any member of the public who wishes to speak.
Mr. Gary: Where is the gentlemen who talked about the Orange Bowl
last time?
Mayor Ferre: All right, we are ready to vote. Call the roll.
The following motion was introduced by Commissioner Plummer, who
moved its adoption.
MOTION NO. 84-316
A MOTION ACCEPTING THE PROPOSED UNITED STATES FOOTBALL
_ LEAGUE (U.S.F.L.) CONTRACT AS RECOMMENDED BY THE CITY
MANAGER AND AS DISCUSSED BEFORE THE CITY COMMISSION OF
THIS DATE.
Upon being seconded by Commissioner Dawkins, the motion was
passed and adopted by the following vote:
AYES: Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice -Mayor Demetrio Perez, Jr.
Mayor Maurice A. Ferre
NOES: None
ABSENT: Commissioner Joe Carollo
ON ROLL CALL:
Mayor Ferre: I vote "yes" and I congratulate you, Mr. Manager.
10
MAR 131984
Mayor Ferre: Don't leave yet, we have two small pocket items here that
are very quick, but :important. One is Mr. Don Slesnick and the Dade
Heritage Trust. I recognize you, sir.
Mr. Plummer: Mr. Mayor, for the purposes of keeping this meeting
legal, I would suggest that we include that in the call.
Mayor Ferre: All right, I will include into the call hearing Mr. Don
Slesnick of the Dade Heritage Trust.
Mr. Don Slesnick: Mr. Mayor, Don Slesnick, 2285 S. W. 17th Avenue,
President of Dade Heritage Trust. Just a small item - I brought to
your attention yesterday that during last year in the Antique Shcw
sales, we tried to resolve a problem which we had come up with with
the professional group that ran the show for Dade Heritage Trust in
the Dinner Key Auditorium. As you know, we have run that show there
for some years. We have a five-year contract which we are honoring
with the City. The contract dispute over the show was settled to
the satisfaction of the City, ourselves, and the people running the
show. In the middle of the confrontation, another $1,000 was put down
to save and extra day in case it was needed, because of the complete
breakdown at that moment. When we settled the suit and everybody was
happy; the show went off well this year. It will be going on for the
next three years. All the deposits are paid, but at that moment, last
fall, Paul Young could not give us back the $1,000 deposit on the
empty date that we had made to protect the show. He said that we would
have to come here. We have worked with Paul very closely. He said
that his hands are tied, he can't do it without Commission action,
and he asked us to come here to ask for that $1,000.
Mayor Ferre: Cesar, you had better pay attention.
Mr. Cesar Odio: That is not quite as he says. There were two shows
before we managed to get them together and one bought
another one out. One show had reserved some dates and the other one
had reserved another date.
Mayor Ferre: But, the problem, as I understand it, is that Dolly Mc-
Intyre put $1,000...
Mr. Slesnick: She put $1,000...it was her $1,000...
Mayor Ferre: She spent $1,000 out of her pocket and now the question is...
of course, that is none of our business...
Mr. Plummer: Did you send her a letter of thank you?
Mr. Slesnick: What happened was, just to make this clear, because we
both got the - the date was reserved in late January for the combined
show, but when the other person who we had hired to run the show pro-
fessionally, which has brought a lot more revenue into the City and
was run very well since that time - during the contract dispute, he
moved in and reserved an earlier date in January to protect himself.
At that time, Dolly McIntyle put a $1,000 for a third date. At that
time, there were three dates reserved in January. We consolidated it
all in the one date. We settled the whole thing. Dolly's $1,000,
that is the issue.
Mr. Odio: In the meantime, the City cannot rent out that weekend be-
cause they had put $1,000 for whatever to reserve those dates, and that
is why we asked for a deposit.
Mayor Ferre: Do we own them $1.,000, or not?
Mr. Plummer: No, no, you don't owe them $1.000.
ld .�, MAR 13 1984
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Mayor Ferre: All right, Don, look. we can't do that. I thought there
would be no controversy with this - that it was an open -shut case.
Since it is not an open -shut case, and the Administration disagrees with
you, I would recommend that you sit down with them, and we will, Mr.
Manager, because I feel badly about this, so would you schedule it for A
discussion? You tell us, after you have looked at it, what you want to t�
do with it, and I am committing right now Don, I've got to go with the }
Manager, whatever his recommendation is. You try to work it out with
the Manager, would p g
g you lease, and we will take it as a regular item on `.
the meeting of the 29th.
Mr. Dawkins: Tell me if they made money or lost money, so when I
start this debating, I will know.
Mayor Ferre: Well, let the Manager deal with.
Mr. Dawkins: Tell me me though, when you come to make your recommendation,
tell me whether they made money or lost money. That will help me make my
decision.
Mr. Slesnick: Mr. Mayor, I'd only like to say for the rest of the
Commission's sake that I would like to thank the Commission for their
support and particularly Mayor Ferre, for yours. Yesterday, the Dade
Heritage Trust in its efforts to work with the City and bring in things
to the City, - took possession, well, d1d not take possession, but
signed the contract with Tibor Hollo for a donation to the Dade Heritage
Trust which will in turn be donated to the City of the Brown - Kramer
House that is valued at $532,000, plus a fund of $100,000 to move that
house to Watson Island, so yesterday a transfer was made of about a
$600,000 donation which will finally inure to the citizens of the City of
Miami.
® Mayor Ferre: Well, I might point out that it is perhaps one of the
most important things that the Dade Heritage Trust has done, and it
certainly is a major gift, if you will, on the part of Tibor Hollo and
on the part of the Trust. The value is well over $600,000, so in ef-
fect what we have is a $600,000 gift, so we thank you, because it
really is your diligence and your work that has brought this to us.
Mr. Dawkins: And while you are at it, sir, I would like to hope that
Dade Heritage would get with Mr. Thacker and those other Black con-
tractors who come in here and see if they can't make some donations -
do some historical renovation in the Overtown area. They come in here
and make money and take it out of here. See if they can't leave some
of it here, through your insistence.
3. PERSONAL APPEARANCE: BOB SCULLY —DISCUSSION OF FUTURE USE OF
PLATFORM/ SKYWALK MATERIALS USED AT RECENT ORCHID SHOW.
Mayor Ferre:- All right, Mr. Bob Scully, who just presided over the
World Orchid Show, which is held every three years and has not been
held anywhere in the United States for 18 years - this is the first
time that an Orchid Show has been held in the United States in 18 years.
It is by far the largest Orchid Slow that has ever been held, and accord-
ing to the people that I interviewed from Japan, from all over Europe and
Latin America, it was -the most spectacular and beautiful Orchid Show -
hundreds of millions of dollars of value was; there. It was somethinc.
I have never seen in my life, even in Disney World anything as spec-
tacular as that. And for those of you who missed it, you have missed
something that I don't think you will easily see again in your lifetime.
It was unreal, and I think what you did for this community, Bob, was
absolutely magnificent. Now, Mr. Manager, it is my understanding that
Carl Kern has agreed for the City to purchase the sand and other things
that are remaining in the show. I told Bob, since they did pay $40,000,
for the use of the hall, but I of course, cannot speak for the City, but
i4 MAR 131984
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since it is a non-profit organization, if they do indeed end up losing
money, that we would revisit the question. Now, one of the things that
could be done, and I would like to leave it up to the Manager to look
into it, is that they have an exceptionally beautiful wood structure,
which could easily fit into any one of our parks and Steve Clark was
recommending to Merritt Stierheim that it be used for Metrozoo, and I
think that would be my preference too, but if it is not used for Metro-
zpp, I would like a report back from you as to whether or not we would
have any use for that boardwalk, or what would You call that?
Mr. Bob Scully: It is a boardwalk, Mr. Mayor, much like you would see
in the Everglades. Very similar, very substantial structure and it really
ought to be in a public place as a legacy to activity of the past week.
Mayor Ferre: What would say the value of that boardwalk is?
Mr. Scully: In excess of $40,000.
Mayor Ferre: Well, why don't you have Carl Kern, Mr. Manager, look
at it, and if we can get Metrozoo to pick it up, I think that would be
really the best place for it, but if you don't, I can well foresee it
being used, for example, in Kennedy Park, over some of the Mangrove
area.
Mr. Scully: Fine.
Mayor Ferre: Is there anything else you want to tell us?
Mr. Scully: Just how delighted we were to be able to bring this event
to the City and to bring some positive attention to the community at
last. I don't know that we have had that kind of attention in a long,
long time.
Mr. Gary: University of Miami game.
Mr. Scully: Yes, University of Miami did a lot for us, and we have
had a number of successes.
Mr. Gary: Grand Prix.
Mayor Ferre: And the Grand Prix, but I will :11 you this ... and the
Film Festival, but certainly this Orchid Show made major international
news and it has been news all over the world. You brought a great honor
to us, Bob and this City and this Community - we know that you gave of
your time freely and that this is something that has taken a lot of
effort on many, many people's part and through you, to Ken, and to the
others who have worked for the last couple of years to put thictogether
and spent money out of your pocket to travel to Japan and othc-L places
around the world trying to promote this, our very sincere and grateful
thanks. As a matter of fact, Mr. Manager, we would like to perhaps, if
you would make a note of it, have some proclamations made for the appro-
priate people in recognition.
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4. DISCUSSION ITEM. PORT BRIDGE - ACCESS - INVITE OFFICIALS TO
3/29 MEETING.
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Mayor Ferre: One last thing - J.-L. Mr. Manager, when we agreed on
the bridge and tunnel thing, I was not aware that there was a clause
in there that dealt with the Marina aspect of it. Was that discussed?
Mr. Gary: Yes, it was.
Mayor Ferre: I don't recall the discussion. Do other members of the
Commission recall it?
Mr. Plummer: Mr. Mayor, there was discussion that said that the
loss of revenue situation had been resolved. There was also some quest-
tion in discussion in reference to the problems of interruption by Rouse
in Bayside.
13
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MAR 13 1984
4
Mr. Gary: Exactly.
t ,t
Mr. Plummer: That was the discussion that took place. I think what we
are finding here is that there is a discrepancy between the private
individual who has the Marina, the City and the County., and I think
that what needs to be addressed is that that private individual does not in any
way feel offended sufficiently to go to Court to tie up all of the
projects and I think that is where I think needs a little bit more
redefining.
Mr. Gary: No, that private individual cannot go to Court to tie up
the project.
Mr. Plummer% Mr. Gary, anybody with $30.00 can go to Court.
Mr. Gary; Well, he can't tie - he won't be successul.
Mr. Plummer: That doesn't mean anything.
Mr. Gary: Let me just explain what we have done. Basically, what has
been proffered, I think is fair to all parties involved. Firstly, we
will average out in the last two years the gross revenue of that
facility and we will adjust it for inflation, which is to be determined,
and the end of a given fiscal year, we will compare that average plus
inflation to what was actually earned. Any loses between those two
number, either Dade County or Rouse or a combination thereof, will pay
the difference into the Miamarina Fund, and this determination of the
average will be done jointly by everybody, as well as the audited
statement, which will be done in conjunction with all three parties to
insure that everybody is being treated fairly.
® Mr. Plummer: Mr. Gary, I think that the problem is, as was at the last
meeting, the third party is not here to hear that. They were not in-
vited here. They did not know what was going on and I think that what
you need to do is to schedule this item for revisit on the....
Mayor Ferre: No, no. J. L., you see, I think we need to do a little
bit more than that, because the Metropolitan Dade Count Commission is
about to take up that contract later on this morning, and I don't want
it misunderstood that we have agreed on that when we really haven't
agreed because, and I have only got one problem is that the man who
claims he is right and his lawyer did not have the opportunity, accord-
ing to them, to come before this Commission to present their viewpoint.
So, all I am saying is, I would like to rescind that portion of it un-
til such time, as they are afforded, if they want to avail themselves
of that opportunity, to come before the Commission and discuss their
viewpoint. Now, let me say on the record that now that the Manager
has explained to me, and he did yesterday, when I talked to him about
this, but now that he has put it on the record, I understand it a little
bit more clearly. I didn't understand that when we voted the other
day, but on the other hand, I do not want to deny these people their
right to be heard administratively, and now before this legislative
body. So, I would like to ... I think the proper way to do it, Mr.
Manager, is to either rescind that portion, or to make a motion to leave
it in abeyance until they have an opportunity to address the Commission.
Mr. Gary: I don't think you have to rescind it because we have not
signed the agreement yet.
Mayor Ferre: Well, how do we do this, as I don't want to make a big
to-do about it.
Mr. Gary: I think you can schedule it and we should afford the
opportunity for those two to come in, but we also should call immediate-
ly Carman Lunetta and let him know that we are taking this action.
Mayor Ferre: Do we need a motion for that to memorialize it, Mr.
Manager, just so that we don't have any problems?
MAR 131984
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Mr. Gary: No, that is legislative intent and not going to follow your
order. if you want to, there is no problem.
Mayor Ferre: Mr. Plummer, on the record, would you express your
position that that is the legislative intent, as you see it.
Mr. Plummer: Mr. Mayor, it was my understanding, and I put on the
record, that if we need to revisit this on the 29th - that portion of it.
Mayor Ferre: Mr. Perez, would you put it on the record so that
you agree?
Mr. Perez: Sure, I share the idea.
Mayor Ferre: You agree, all right, and I agree too, so that is three
of us, Mr. Manager, that have that feeling, okay?
Mr. Gary: I will follow the orders, no problem.
Mayor Ferre: Okay, is there any further discussion? Thank you very
much for being here today.
5. SCHEDULE CABLE T. V. HEARING 3-29-84.
Mr. Gary: There is one other item, Mr. Mayor. The Cable T.V. public
hearing was originally schedule the 22nd, but we moved the meeting
back to the 29th - the public hearing, and we would like to have the
authority to go ahead and also schedule that for the 29th.
Mayor Ferre: All right, without any disagreement from Commissioner
Plummer, Vice -Mayor Perez and myself, it is rescheduled for the 29th.
Further discussion on any other item that needs to be discussed? If
not, we stand adjourned.
ADJOURNMENT
There being no further business to come before the City Commission,
on motion durly made and seconded, the meeting was adjourned at
9:05 A.M.
MAURICE A. FERRE
Mayor
ATTEST: RALPH G. ONGIE
City Clerk
MATTY HIRAI
Assistant City Clerk won
A, j
i5 MAR 131994