Published by: MiamiHerald.com
Written by: CHARLES RABIN AND MICHAEL VASQUEZ
Posted: November 10, 2008

In a near echo from this time last year, Miami and Miami–Dade commissioners are expected to take rapid–fire votes between Thanksgiving and Christmas to cement the future of a new Little Havana baseball stadium for the Florida Marlins.

Last December –– after secretive negotiations –– city and county commissioners voted separately, but on the same day, to lay the foundation to extend two Community Redevelopment Agencies, a move that would create enough money to help build a series of downtown projects, including a ballpark.

Now, those same political bodies are expected to meet once more, this time to approve a slate of final contracts for the long–sought new stadium. Like the earlier approval, the final votes are sure to spur controversy. Now, much of the debate may center on the cost of a new parking garage to rise near the park.

The December vote date isn′t locked in yet, but County Manager George Burgess said he expects commissioners to see the contracts in the next few weeks and vote by early December. Proponents considered last year′s votes, pushed heavily by Miami Mayor Manny Diaz and Miami– Dade County Mayor Carlos Alvarez, sound and decisive public policy. The Marlins viewed it as the savior to their franchise in South Florida, freeing them from continuing to play in a football stadium with no roof and little concession revenue.

′′As long as everyone knows where we are, and what we do, and where the money goes, that′s important to me,′′ said County Commissioner Rebeca Sosa. Critics called last year′s approvals a bid to stifle public discourse on a $3 billion public works investment, as the public was given little notice before the holiday 2007 votes. That perception led the project′s chief critic, auto magnate Norman Braman, to file suit in a bid to quash the stadium. Braman′s suit has so far failed in court, but he is trying to jump–start the legal debate once more –– over the parking garage –– as the final votes near approval. ′′Of course they don′t want public input, they never did,′′ said Braman, reached Monday in New York.

Braman′s suit contended that the $3 billion financing plan that would help build a tunnel, a park, and by extension the ballpark, was illegal and that spending almost $400 million in taxpayer money on a private enterprise didn′t serve a so–called ``paramount public purpose.′′ He′s been defeated on the first six of his seven counts, with Miami–Dade Circuit Court Judge Jeri Beth Cohen waiting for the state Supreme Court to rule on a similar Escambia County case before issuing a final opinion likely to quash his case altogether.

Braman added a new wrinkle to his lawsuit last week after Miami city commissioners, in a public meeting last month, weighed whether to move forward on a 6,000–space, $94 million parking garage the city is obligated to build near the new stadium.

The semi–independent Miami Parking Authority and a city–hired consultant estimated the garage′s cost would be considerably higher –– and the MPA′s analysis said the city could lose hundreds of millions of dollars in the deal over the 30–year lifetime of the contract.

That prompted Braman to file a motion for a hearing before Cohen, where he will argue that the city withheld the information during the discovery phase of this summer′s trial. ′′It undermines the argument,′′ said Braman attorney Bob Martinez, noting that the judge, at trial, said the garage helped support local government′s case ``because it provided the city an economic benefit.′′ Cohen is waiting for responses from the city and county before setting a hearing date.

But last week, Miami Parking Authority Chief Executive Art Noriega backed off his agency′s projections, saying they′re over a year old and the plans have since changed. The city, county and Marlins want to build a $515 million, 37,000–seat, retractable–roof stadium, with 60 suites, to be ready for play Opening Day 2011. To do that, ground must be broken soon. The Marlins are contributing $120 million of the stadium′s cost and repaying another $35 million loan in ``rent payments.′′ As for the garage, Miami City Manager Pete Hernandez denied hiding information and said estimates from the parking authority and consultant Jones Lang LaSalle were too high. ′′We′re not doing a Merrick Park garage,′′ Hernandez said, alluding to a high–end retail mall in Coral Gables. ``It′s a garage for a baseball stadium.′′ Commissioners will decide if it′s more financially feasible for the city to run the garage or to hire a private firm.

Earlier this year the parking authority estimated the garage′s cost at $150 million, and determined the city would lose more than $8 million a year running it, with profits going to the ball club. The Baseball Stadium Agreement that the city and county commission agreed to calls for the team to purchase 5,750 of the garage′s 6,000 spaces for between $10 and $12 for each of the team′s 81 homes games during the regular season.

The Marlins say that means the team assumes the risk –– which is true –– but it also assumes any profit made for selling any parking space for more than those amounts would revert to the ball club. Still, when city commissioners learned of the parking authority and consulting analyses a few weeks back, it set off alarms. Commission chairman Joe Sanchez, whose district includes the Little Havana stadium site, said ′′there′s no way′′ he could support a garage with annual losses footed by taxpayers. And Commissioner Marc Sarnoff said to get his vote, ``it′s got to be a self–sustaining parking garage.′′ Noriega, the parking authority chief executive, said he could not say if the city would lose money running the garage. ′′I couldn′t answer that question without guessing, and I don′t want to guess,′′ he said.

Before ground can be broken, city and county commissioners must approve management, construction, assurance and nonrelocation contracts. The city must also approve the parking garage agreement. Other issues could affect the upcoming votes: A super majority, or nine of the 13 county commissioners, must accept the management and construction contracts because the Marlins did not go out to bid before hiring contractors. And, with the economy in flux and credit markets nearly frozen, the question becomes: Do commissioners have the will to spend almost $1 billion of taxpayer money to help revitalize downtown in the larger public works project?

Commissioner Carlos Gimenez said he was ′′absolutely′′ concerned about the current economy. ′′I want to see the numbers on how they expect to pay this off in the future,′′ he said. Mayors Alvarez and Diaz counter that the public works projects, including the stadium, would spur much–needed investment and create jobs.

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