Legislative Matter

Miami-Dade Legislative Item
File Number: 070795

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Clerk's Official Copy

File Number: 070795

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-304-07

Control: Board of County Commissioners

File Name: BALLPARK PROJECT

Introduced: 3/13/2007

Requester: NONE

Cost:

Final Action: 3/6/2007

Agenda Date: 3/6/2007

Agenda Item Number: 11A44

Notes:

THIS IS FINAL VERSION AS ADOPTED. ALSO SEE ORIGINAL ITEM NO. 070590.

Title:

RESOLUTION ACCEPTING COUNTY MANAGER REPORT OUTLINING THE BASIC PARAMETERS OF AN AGREEMENT BY AND AMONG COUNTY, CITY OF MIAMI, FLORIDA MARLINS, LP AND MAJOR LEAGUE BASEBALL, RELATED TO DEVELOPMENT OF NEW BALLPARK FOR THE FLORIDA MARLINS SUBJECT TO SUBSEQUENT BOARD APPROVAL AND AUTHORIZING RETENTION OF NECESSARY OUTSIDE SUPPORT TO ASSIST IN SUCH EFFORTS [SEE ORIGINAL ITEM UNDER FILE NO. 070590]

Indexes:

BASEBALL

Sponsors:

Jose "Pepe" Diaz, Prime Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

County Attorney	3/13/2007		Assigned	Geri Bonzon-Keenan

Board of County Commissioners	3/6/2007	11A44 Amended	Adopted as amended				P
REPORT:	Commissioner Diaz provided an introduction of the County Manager’s report. He noted that the report was still incomplete and that the major issues of stadium site and funding were in the report. County Manager Burgess noted that Mr. John McHale, Vice-President of Major League Baseball, Mr. Irwin Rye, Counsel for Major League Baseball, City of Miami Mayor Manuel Diaz, City of Miami Manager Pete Hernandez, and Judge Farina were present. He recommended that the new Florida Marlins baseball stadium be built directly northwest of the Stephen P. Clark Building. He noted that the City of Miami and the County would be partners and provide the necessary funding for this project. He explained the funding sources for the stadium. County Manager Burgess said he still needed details on relocating utilities for the roads that would be closed, a better location for the Children’s Courthouse, and a new location for the County Daycare Center. He said he thought the stadium could be a western anchor for downtown and stimulate private investment in downtown Miami. County Manager Burgees noted that the idea that Community Redevelopment Agency (CRA) funds would be used was a mischaracterization; that the stadium could provide increased area and money for affordable housing. He said the County needed to secure the balance of the funding package from the State Legislature. Commissioner Moss asked for an illustration of the proposed stadium. County Manager Burgess said he only had sketches of the height of the stadium relative to the surrounding buildings. Chairman Barreiro asked County Manager Burgess to provide the Commissioners those sketches and any others he had while the Commission was discussing this item. Judge Farina said he did not support or oppose this proposed resolution. He said he wanted to discuss the Children’s Courthouse. Discussion ensued in connection with the issue of clarifying the exact location of the original site of the Children’s Courthouse. Mayor Manuel Diaz, City of Miami, commended the Commission for its decision on joining the Chicago Climate Exchange and all parties involved in building the stadium. He spoke in support of this proposed resolution. City Manager Pete Hernandez, City of Miami, spoke in support of this proposed resolution. He said he thought the City of Miami had the funds to pay its portion without the use of CRA funds, however, it wanted to continue to consider the CRA as a funding source. Commissioner Jordan asked for City Commissioner Michelle Spence-Jones’ position on the use of CRA funds. City Manager Hernandez said he thought she supported the stadium and the use of CRA funds if the goal of affordable housing was met. He explained that the CRA funds would be minimal and would be issued in small increments over the next 20 years. Commissioner Sosa asked that she be listed as a co-sponsor. She noted that she was the original sponsor of the resolution supporting the new Marlins stadium. She commended Commissioner Diaz for his initiative and leadership on this project, and urged her colleagues to support the proposal to build a stadium downtown. Regarding concerns that the subject property was being considered for the new Children’s Courthouse site, Commissioner Sosa noted she would work with Judge Farina to identify an alternate site for the Children’s Courthouse. Commissioner Martinez spoke in support of the proposal to build the stadium on the Orange Bowl site and in opposition to the proposed downtown site. He said he was hopeful that Judge Farina would not support the downtown site, as well. He said he thought the Children’s Courthouse would not be built for many more years if this site was selected. Commissioner Martinez expressed concern that this proposal would be economically infeasible and would generate traffic and congestion that would adversely impact the Miami Police Department. He emphasized the need for the Marlins to stay in the County and under the County’s control. Commissioner Moss asked for the overall projected cost of the funding for the stadium including the value of the land. County Manager Burgess said he was uncertain of the value of the land and would have to do an appraisal to determine that. He noted, however, in building stadiums, publicly owned land was always considered because it reduced the overall cost. Commissioner Moss asked that the word “Miami” be included in the name of the Marlins team. He questioned why the Marlins had spring training in Jupiter when the County had a stadium in Homestead. He expressed concern that the County would end up responsible for the cost overruns, and questioned why the County did not consider building the stadium. County Manager Burgess said Commissioner Moss’ questions and concerns would be addressed in future, detailed documents that would come before the Board. He noted that he wanted the Marlins to take responsibility to build the stadium; that the contract language needed to be clear on the specific amount of the County’s contribution and to clearly indicate that the team or Major League Baseball would be responsible for any cost overruns. He said that Major League Baseball had agreed, in principle, to the conditions in this proposed resolution; that he was unsure if Major League Baseball or the Marlins would assume liability for all cost overruns. Mr. John McHale, Vice-President, Major League Baseball, 245 Park Ave., New York, NY 10167, appeared before the Board and stated the Marlins would agree to assume liability for all cost overruns. He noted that he understood that public funding would be capped and that the Marlins accepted capped funding and wanted to control construction as a result of being responsible for all cost overruns. He said he felt the County Commission could depend on the Marlins to endorse and fulfill the agreement to pay cost overruns. Commissioner Moss asked County Manager Burgess to ensure that the issue of the Marlins’ ability to pay any stadium construction cost overruns was adequately emphasized while negotiating with the Marlins and Major League Baseball. Mr. McHale said he would consider Commissioner Moss’ concern about cost overruns during negotiations. Following comments by Commissioner Moss, Commissioner Gimenez asked Mr. Hernandez about the University of Miami football team moving to Dolphin Stadium. Mr. Hernandez said the City of Miami was working to keep the University of Miami (UM) football team at the Orange Bowl. He said the City and the University would probably meet in the next 10 days. Commissioner Gimenez asked if the City of Miami was planning to bring other tenants to the Orange Bowl. Mr. Hernandez said the City of Miami was exploring other possibilities. He said the UM should have decided by June 2007, whether the team would remain at the Orange Bowl or go to Dolphin Stadium. County Manager Burgess explained that the baseball stadium would have a retractable roof; that the roof would hang over the west side of the stadium; that the exact design was not finished; and that the architect said this site would work for a baseball stadium. Commissioner Gimenez asked County Manager Burgess to determine if the County would have the right to have the retractable roof on the stadium hang over the non-County property west of the proposed stadium site, and if the County did not have the right, then to determine how to obtain the right. Commissioner Gimenez expressed concern that the stadium would adversely affect a possible commuter rail route that would come to Government Center. County Manager Burgess noted that the possible commuter rail depended on an agreement with Florida East Coast (FEC) and the new location of the Children’s Courthouse. He noted that the other possible locations for the Children’s Courthouse would make it impossible to have a future commuter rail stop at Government Center. County Manager Burgess noted that the $490 million cost did not include a parking garage. He said the County would provide parking through existing facilities to premium seat holders. Commissioner Gimenez said he did not like the idea of a stadium with a roof. He said he thought the only good sites for the stadium were in the urban core and that the Orange Bowl should be reconsidered as a possible site for the baseball stadium if the UM chose to go to Dolphin Stadium. He said he supported this proposed resolution provided it was only to secure the funding and specify the funding sources. Mr. Hernandez said the projected amount of CRA funding considered for the stadium was $15 million. Following further discussion, Commissioner Rolle asked County Manager Burgess to explain the parking alternatives. County Manager Burgess said that 7,500 parking garage spaces existed within half a mile of the proposed stadium site. He said the County planned to build a parking garage near the Hickman Building on County owned property. Commissioner Rolle noted that he heard a similar explanation for parking at the Performing Arts Center and now parking was a major issue there. County Manager Burgess concurred that parking was an issue for the stadium. Commissioner Rolle expressed concern that the stadium would not have ample parking. County Manager Burgess emphasized the parking options available for people attending the games. Commissioner Jordan concurred with Commissioner Martinez’s comments and concerns. She expressed her primary concern was Overtown; and that $15 million was a lot of money to Overtown, and that she would not support any proposal to use CRA funding. She noted that the County needed to follow through on the Children’s Courthouse, and pointed out that the children were the County’s greatest public interest, and that if the stadium was built on the south and west side of the Government Center the Daycare Center would be jeopardized. Commissioner Jordan noted she was surprised that City of Miami Commissioner Spence-Jones supported the proposed funding, and did not understand the perception that building a stadium on this site would help bring more affordable housing to Overtown. County Manager Burgess pointed out that the proposed site was not in Overtown; that Mr. Hernandez said the City of Miami did not need to access CRA funds; that CRA funding for affordable housing was dependant on tax increment from additional value on the tax roll; and that development activity was essential for incremental tax money. He said he thought the baseball stadium would attract businesses and other investments to the area and provide significant revenue for affordable housing and other redevelopment. He noted a boundary change could redirect additional funding for Overtown. Commissioner Jordan said she thought the people in Overtown would disagree with the County Manager. She noted that Overtown was only two blocks to the north of this proposed site. She said she disagreed with the County Manager’s explanation of potential impacts. She asked how the Overtown boundary would be expanded. County Manager Burgess said the Overtown Redevelopment District’s geographic boundary could be enlarged to include some larger areas and put the incremental revenues into affordable housing in Overtown. Following discussion on the Children’s Courthouse, Commissioner Sorenson asked County Manager Burgess to determine the value of the land on the proposed site for the baseball stadium. Following comments by Commissioner Sorenson, County Manager Burgess said that the lease would be for 30 years or the term of the debt, whichever was longer; that the County would own the stadium and the land while the debt was being paid; and that the issue of securing the payment of the rent bonds still needed to be worked out. Commissioner Diaz noted the important issue was to keep the Marlins in the County. He noted that this proposed resolution was for securing the $30 million in State funding and that other sites should be considered. He asked County Manager Burgess to seriously consider other sites in the County for the proposed baseball stadium. He said he would amend this proposed resolution to specify that it was not site specific. Discussion ensued in connection with the issue of the Children’s Courthouse and the Daycare Center relocation. Commissioner Edmonson spoke in support of the Orange Bowl site. She said she could not support the proposed downtown site. She emphasized the need to revitalize, rather than gentrify, Overtown. She pointed out that $15 million CRA dollars could build a lot of houses. She said she did not think people would use Metrorail to come to the games. Chairman Barreiro noted, for the record, that the County had an agreement with the City of Miami providing for certain lots in Overtown to be reverted back to County if the City did not meet specific conditions of the contract and, if reverted, the County would ensure that the lots were used for affordable housing. He recommended that this proposed resolution be adopted as amended to indicate that it was not site specific. Assistant County Attorney Bonzon-Keenan said this proposed resolution was amended to accept the County Manager’s report for funding the stadium, but directed the County Manager to consider all potential alternative sites. Commissioner Diaz said he wanted the amendment to specifically include the Orange Bowl site. Commissioner Sosa asked County Manager Burgess to provide her a complete, specific report of the proposal for the Children’s Courthouse that called to displace a State department. In response to Commissioner Sosa, County Manager Burgess explained that all City and County funding would come from professional sports franchise facilities taxes, convention development taxes, and tourist development taxes; that these tax funds could only be used for sports facilities or arenas, exhibition spaces, and convention centers. Commissioner Sosa asked County Manager Burgess to provide her a report on the County’s total investment in the Performing Arts Center, in museums during the last three years, and in the Marlins. She also requested that the County Manager calculate the market value of Bicentennial Park. After further discussion, Commissioner Martinez noted that the County had a law that people could not sell alcohol within 2500 feet of a school. He asked if the City of Miami had a similar law. Commissioner Gimenez expressed concern that the County Commissions action on this resolution could affect UM’s decision to remain at the Orange Bowl site or relocate its team. He questioned the County Manager whether he felt the language contained within this resolution was sufficient to convince the State Legislature to approve the $30 million for the stadium. County Manager Burgess said he felt the State Legislature wanted to know if local governments were supporting the stadium and if they had a strategy. He recommended the language indicate that the County and the City had made financial commitments and were looking at some alternative sites. Commissioner Gimenez said he wanted the Commission to pass a resolution with language that was strong enough to say it was serious about funding baseball. Chairman Barreiro suggested this proposed resolution not include any particular site. He said that the County and City Managers and Mayors should clearly see that this proposed site would not work; that the Commission was instructing the County Manager to complete the deal for the funding. Chairman Barreiro noted that the State Legislature did not include site information when approving this type of legislation. Following further discussion, the Commission proceeded to vote.

Legislative Text

TITLE
RESOLUTION ACCEPTING COUNTY MANAGER REPORT OUTLINING THE BASIC PARAMETERS OF AN AGREEMENT BY AND AMONG COUNTY, CITY OF MIAMI, FLORIDA MARLINS, LP AND MAJOR LEAGUE BASEBALL, RELATED TO DEVELOPMENT OF NEW BALLPARK FOR THE FLORIDA MARLINS SUBJECT TO SUBSEQUENT BOARD APPROVAL AND AUTHORIZING RETENTION OF NECESSARY OUTSIDE SUPPORT TO ASSIST IN SUCH EFFORTS

BODY
WHEREAS, the County Manager distributed a report dated February 26, 2007 related to the development of a new ballpark for the Florida Marlins, a copy of which is attached hereto as Exhibit A; and
WHEREAS, the County has led efforts to secure a new ballpark for the Florida Marlins; and
WHEREAS, this Board desires to accept the County Manager�s report outlining the basic parameters of an agreement by and among Miami-Dade County, the City of Miami (the ��City�), the Florida Marlins, LP (the �Marlins�), and Major League Baseball (�MLB�), subject to subsequent Board approval and the retention of any necessary outside support to assist with site specific analysis such as site survey, geotechnical, environmental and traffic studies; and
WHEREAS, the 2007 State legislative session commences on March 6, 2007 and the County is requesting State support through a sales tax rebate as provided to other professional sports franchises in the State of Florida,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. The matters contained in the foregoing recitals are incorporated in this resolution by reference.
Section 2. The Board hereby accepts the portion of the County Manager�s report dated February 26, 2007 relating to the funding of a new ballpark for the Florida Marlins but directing the County Manager to consider all potential sites, including the Orange Bowl, subject to subsequent Board approval.
Section 3. The Board hereby authorizes the retention of any required outside assistance to support efforts associated with site related requirements such as site survey, geotechnical, environmental and traffic studies.