HomeMy WebLinkAboutJanuary 28, 2009CITY OF MIAMI GARDENS
CITY COUNCIL MEETING AGENDA
(A) CALL TO ORDER/ROLL CALL
The City Council of the City of Miami Gardens, Florida, met in regular session on
Wednesday, January 28, 2009, beginning at 7:21 p.m., in the City Council Chambers, 1515 NW
167th Street, Building 5, Suite 200, Miami Gardens, Florida.
The following members of the City Council were present: Mayor Shirley Gibson, Vice
Mayor Barbara Watson and Council members Aaron Campbell Jr., Melvin L. Bratton, Andre
Williams, Sharon Pritchett and Oliver G. Gilbert.
Also present were: City Manager Dr. Danny O. Crew, City Attorney Sonja K. Dickens,
Esquire and City Clerk Ronetta Taylor.
(B) INVOCATION
Dr. Lester Brown delivered the Invocation.
(C) PLEDGE OF ALLEGIANCE
Recited in unison.
(D) APPROVAL OF MINUTES
D-1) Regular City Council Minutes -January 14, 20Q9
Motion offered by Vice Mayor Watson, seconded by Councilman Bratton to approve the
minutes, with necessary corrections, if any. This motion passed and carried by a 7-0 voice vote.
(E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time)
Motion offered by Councilman Gilbert, seconded by Vice Mayor Watson to approve the
Official agenda. This motion passed and carried by a 7-0 voice vote.
(F) SPECIAL PRESENTATIONS (5 minutes each)
F-1) Quarterly Report -Commission For Women
Carolyn Nelson-Goedert, Chair of the Commission For Women appeared before the City
Council to provide the Committee's quarterly report. She reported that the City of Miami
Gardens Commission For Women has membership with the State of Florida. She shared the
Committee selected and sponsored a family during the Christmas Holidays. Members provided
food and toys, which were distributed to the family during the December meeting. She further
reported there are two state level conferences the Committee members are interested in
attending. In addition, the Committee will be submitting a request for funding in the amount of
$5,000 for the Council's consideration during the FY 2009/2010 Budget Process. The
Committee members also volunteered during the MLK Event, held January 19, 2009. The
Commission For Women meets every third Wednesday of the month, in the small conference
Regular City Council Minutes
January 28, 2009 Page 1
room at City Hall.
F-2) Per Scholas - Nadine M. Dairymple, Director of Operations and
David Williams Jr., Community Activist
David Williams Jr., and Nadine M. Dairymple appeared before the City Council to
showcase the Per Scholas organization, which main focus is to provide computers and computer
training for the underprivileged.
Councilwoman Sharon Pritchett expounded on this community based organization and
the benefits residents have received from the services provided. A computer was presented to
Devar Francois the Scott Lake Elementary School Student, and nationally known Chess
Champion.
F-3) City's Comprehensive Annual Financial Report Year ending
September 30, ZOOS by External Auditor
Rodney Harvey, the City's Auditor presented a PowerPoint Presentation on the City's
Comprehensive Annual Financial Report Year ending September 30, 2008. Based on the
information provided by City Staff, Mr. Harvey presented the Financial Highlights for the City
of Miami Gardens for FY 2007/08. He said the assets of the City exceeded its liabilities at the
close of FY 2008 by approximately $321.1 million (net assets) of that amount approximately
23.4 (unrestricted net assets) may be used to meet the ongoing obligations to citizens and
creditors. The City's total net assets decreased by $1,671.222 from $313,741,008 in FY 2007 to
$312,069m786 in FY 2008. The decrease mainly attributed to current year operations. The
General fund balance decreased by $400,700 for the year ended September 30, 2008; this
decreased was a result of current year operations. At the end of the current year, unreserved
fund balance for the General Fund was $8.8 million, orlb% of total general fund expenditures,
and an increase of approximately $700,000 over the FY 2007 unreserved fund valance of $8.1
million. The City's total debt increased by $3.46 million or 6.95% (net of principal payments
on existing debt). It was found that the City was in compliance with auditing and financial
reporting standards.
Councilwoman Pritchett made reference to the conditions outlined in the report.
Mr. Harvey explained the conditions noted related to personnel reporting issues with
employees' employment files. This matter is being worked out between the HR Department
and the Finance Department.
F-4) December 2008 Budget Status Report
William Alonso, Finance Director for the City of Miami Gardens appeared before the
City Council to expound on the December 2008 Budget Status Report. He pointed out that
staff's response to the Auditor's conditions was also attached.
(G) PUBLIC COMMENTS
Donavan Cherry, 3737 NW 188th Street, Miami Gardens, Florida, a representative of
Carol City Middle School, appeared before the City Council to solicit support for the Youth
Crime Watch Walk.
Fred Douglas, 17620 NW 27t" Court, Miami Gardens, Florida, appeared before the City
Regular City Council Minutes
January 28, 2009 Page 2
Council to express concern with the City's police department and lack of response when his
home was burglarized. He related an incident where his wife had returned home and discovered
the house had been burglarized. She contacted the Miami Gardens Police Department upon
discovering the burglary. He opined after the police dispatch ascertained there was no
immediate threat, the call was dropped/not priority. He said they had to wait several hours
before a police officer responded to their residence.
Deputy Chief Miller appeared before the City Council to expound on this matter and
stated that this situation would be investigated to determine whether there was a breakdown in
communication.
Rico Burgess, Miami Gardens Express Track Club, 15820 NW 28th Place, Miami
Gardens, Florida, appeared before the City Council to solicit support of a partnership between
the City of Miami Gardens Parks and Recreation Department and the Miami Gardens Express
Track Club for a Track and Field Youth Program.
Janice Coakley, 19681 NW 33`d Avenue, Miami Gardens, Florida, appeared before the
City Council to express concern with the lack of support from Wa1Mart and Publix. Both
establishments will not permit Girl Scout Troops to sell cookies in front of their establishment,
even though this practice is done in other locations throughout Miami-Dade and Broward
Counties.
Susan Newbold, 1053 NE 210 Terrace, Miami, Florida, appeared before the Council to
express the same concerns raised by Ms. Coakley.
April Jones, 17120 NW 11th Avenue, Miami Gardens, Florida, appeared before the City
Council to echo the concerns raised by Ms. Coakley and Ms. Newbold.
Mayor Gibson asked to be provided with contact information of those individuals the Girl
Scout Troop representatives had spoken with. She said she would do a follow up.
Rosetta Rolle Hylton, a representative of the City of Miami Gardens Citizens Advisory
Committee appeared before the City Council to submit a letter from Chairperson Smith as it
related to the required Committee Quarterly report. A copy of that letter is attached hereto as
Exhibit "A", and made a part of the official record. She further expressed concern with the
caliber, quality and qualified employees working at the Wa1Mart stores in Miami Gardens.
Benjamin E. Essien, 4715 NW 157th Street, Miami Gardens, Florida, appeared before the
City Council to express his views about the employees of both WalMart stores in Miami
Gardens. He urged everyone to not put African Americans down.
Students from Barry University School of Nursing, 11300 NE 2"d Avenue, Miami Shores,
Florida, appeared before the City Council to inform the Council of a health care project they
were working on in the City of Miami Gardens.
Dr. Lester Brown, 18801 NW 29th Court, Miami Gardens, Florida, appeared before the
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January 28, 2009 Page 3
Council to express his views about democracy in government. He further encouraged residents
to take an interest in their youth. He also commented the City Council, staff and especially the
Miami Gardens Police Department for doing an excellent job.
Stevens Rois, 1081 NW 196th Terrace, Miami Gardens, Florida, appeared before the City
Council to express his views about the City's development. He further conveyed interest in
serving the City in a voluntary capacity.
(H) ORDINANCE(S) FOR FIRST READING
None
(I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S)
ORDINANCE N0.2009-04-176
I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, CREATING AN ORDINANCE
ENTITLED "CERTIFICATE OF RE-OCCUPANCY"; PROVIDING
FOR AN APPLICATION PROCESS; PROVIDING FOR
REGULATIONS; PROVIDING FOR PENALTIES; PROVIDING
FOR AN AMNESTY PERIOD; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR INCLUSION IN CODE; PROVIDING AN
EFFECTIVE DATE. (SPONSORED BY COUNCILMAN ANDRE
WILLIAMS) (1St Reading -January 14, 2009)
Mayor Gibson opened the floor for this public hearing.
Benjamin S. Essien, 4715 NW 157t" Street, Miami Gardens, Florida, appeared before the
Ciry Council to express his views about this item. He explained this legislation was not needed
because there were laws already in place to protect the property owner.
Hugh Dodd, 17125 NW 19th Avenue, Miami Gardens, Florida, appeared before the City
Council in opposition to this the adoption of this item.
After there were no other interested parties to speak on behalf of this item, the public
hearing was closed.
Councilman Williams explained this item will protect potential homeowners from
purchasing a property with existing violations.
Motion offered by Councilman Williams, seconded by Vice Mayor Watson to adopt this
ordinance. At the conclusion of the discussion, the motion to adopt passed and carried by a 5-2
vote.
Councilman Bratton: No
Regular City Council Minutes
January 28, 2009 Page 4
Councilman Campbell: Yes
Councilman Gilbert: No
Councilwoman Pritchett: Yes
Vice Mayor Watson: Yes
Councilman Williams: Yes
Mayor Gibson: Yes
ORDINANCE N0.2009-OS-177
I-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA AUTHORIZING THE
BORROWING OF TWO MILLION DOLLARS ($2,000,000);
AUTHORIZING THE ISSUANCE OF CITY OF MIAMI
GARDENS, FLORIDA EQUIPMENT ACQUISITION REVENUE
BONDS NOT TO EXCEED TWO MILLION DOLLARS
($2,000,000); PROVIDING FOR A SUPPLEMENTAL
RESOLUTION SETTING FORTH THE DETAILS OF SAID
BONDS; PROVIDING FOR ADOPTION OF REPRESENTATIONS;
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE.
(SPONSORED BY THE CITY MANAGER) (1St Reading -January
14, 2009)
Mayor Gibson opened the floor for the public hearing on this item. After there were no
interested parties to speak on this item, the public hearing was closed.
Manager Crew explained as part of Fiscal Year 09's budget, it was indicated the City
would be buying certain major capital equipment for various City Departments including
Stormwater, Police, Public Works and Parks. This bond issue would provide the necessary
funding. It is a five-year issue; funds to repay are included in the operating budget of each
department that will get the new vehicles.
Motion offered by Councilman Williams, seconded by Vice Mayor Watson to adopt this
ordinance. At the conclusion of this discussion, the motion to adopt passed and carried by a 7-0
vote.
Councilman Campbell: Yes
Councilman Gilbert: Yes
Councilwoman Pritchett: Yes
Vice Mayor Watson: Yes
Councilman Williams: Yes
Councilman Bratton: Yes
Mayor Gibson: Yes
ORDINANCE N0.2009-06-178
I-3) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA AUTHORIZING THE
Regular City Council Minutes
January 28, 2009 Page 5
BORROWING OF SEVEN MILLION THREE HUNDRED
THOUSAND DOLLARS 07,300,000); AUTHORIZING THE
ISSUANCE OF CITY OF MIAMI GARDENS, FLORIDA
TAXABLE LAND ACQUISITION REVENUE BONDS NOT TO
EXCEED SEVEN MILLION THREE HUNDRED THOUSAND
DOLLARS ($7,300,000); PROVIDING FOR A SUPPLEMENTAL
RESOLUTION SETTING FORTH THE DETAILS OF SAID
BONDS; PROVIDING FOR ADOPTION OF REPRESENTATIONS;
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE.
(SPONSORED BY THE CITY MANAGER) (1St Reading -January
14, 2009)
Mayor Gibson opened the floor for the public hearing. After there were no interested parties
to speak on this item, the public hearing closed.
Manager Crew said the memorandum attached as backup should be removed because it has
nothing to do with this item. He further explained the City will purchase the 15 acre property
currently owned by Warren Henry.
Motion offered by Councilman Campbell, seconded by Vice Mayor Watson to adopt this
ordinance.
Councilwoman Pritchett indicated that she was not comfortable with voting for this item
during these tough economic times.
At the conclusion of this discussion, the motion to adopt passed and carried by a 6-1 vote.
Councilman Gilbert: Yes
Councilwoman Pritchett: No
Vice Mayor Watson: Yes
Councilman Williams: Yes
Councilman Bratton: Yes
Councilman Campbell: Yes
Mayor Gibson: Yes
ORDINANCE N0.2009-07-179
I-4) AN ORDINANCE ADOPTING A MORATORIUM ON THE
PROCESSING OF DEVELOPMENT ORDERS FOR
MULTIFAMILY USES IN ALL ZONING DISTRICTS, INCLUDING
BUT NOT LIMITED TO SITE PLANS, DEVELOPMENT
APPLICATIONS, ZONING PERMITS AND ANY RELATED
ACTIONS AND/OR APPROVALS FOR SUCH USES; PROVIDING
FOR A TERM; PROVIDING FOR EXCEPTIONS; PROVIDING
FOR A STUDY(S): PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN
Regular City Council Minutes
January 28, 2009 Page 6
CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR INCLUSION IN CODE; PROVIDING AN
EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (lsc
Reading -January 14, 2009)
Mayor Gibson opened the floor for this item. After there were no interested parties to speak
on this item, the public hearing closed.
Attorney Dickens explained the relevant issues involved with this moratorium.
Motion offered by Vice Mayor Watson, seconded by Councilman Campbell to adopt this
ordnance to adopt this ordinance.
Motion offered by Vice Mayor Watson, seconded by Councilman Campbell to amend the
Ordinance to provide that the moratorium will not affect those properties with this current zoning.
There being no further discussion on the amendment, the motion passed and carried by a 7-0 voice
vote.
There being no further discussion on the ordinance as a whole, the motion to adopt passed
and carried by a 7-0 vote.
Councilwoman Pritchett: Yes
Vice Mayor Watson: Yes
Councilman Williams: Yes
Councilman Bratton: Yes
Councilman Campbell: Yes
Councilman Gilbert: Yes
Mayor Gibson: Yes
(~ CONSENT AGENDA
RESOLUTION N0.2009-13-958
J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, ACCEPTING THE FISCAL YEAR
2007/2008 ANNUAL AUDIT REPORT PREPARED BY THE
CITY'S AUDITORS, HARVEY, COVINGTON AND THOMAS
LLC; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
(SPONSORED BY THE CITY MANAGER)
RESOLUTION N0.2009-14-959
J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE A NON-
Regular City Council Minutes
January 28, 2009 Page 7
EXCLUSIVE CONTINUING CONTRACT WITH CPZ
ARCHITECTS, INC., FOR ARCHITECTURAL SERVICES;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE
CITY MANAGER)
RESOLUTION N0.2009-15-960
J-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE A NON-
EXCLUSIVE CONTINUING CONTRACT WITH SPILLIS
CANDELA DMJM, FOR ARCHITECTURAL SERVICES;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE
CITY MANAGER)
RESOLUTION N0.2009-16-961
J-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE A NON-
EXCLUSIVE CONTINUING CONTRACT WITH URS
CORPORATION SOUTHERN FOR ARCHITECTURAL
SERVICES; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
(SPONSORED BY THE CITY MANAGER)
RESOLUTION N0.2009-17-962
J-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE A NON-
EXCLUSIVE CONTINUING CONTRACT WITH CORZO
CASTELLA CARBALLO THOMPSON SALMAN, PA (C3TS), FOR
ARCHITECTURAL SERVICES; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING AN
EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
RESOLUTION N0.2009-18-963
J-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ISSUE PURCHASE ORDERS ON AN AS-NEEDED
BASIS, TO AIR B SCHOOL BUS TRANSPORTATION, INC., FOR
THE PROVISION OF TRANSPORTATION SERVICES
RELATING TO THE CITY'S PARKS AND RECREATION
DEPARTMENT, IN AN AMOUNT NOT TO EXCEED THE
ANNUAL BUDGETED AMOUNT OF $140,000.00; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN
EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
Regular City Council Minutes
January 28, 2009 Page 8
RESOLUTION N0.2009-19-964
J-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AND ATTEST,
RESPECTIVELY, THAT CERTAIN CONTRACT NO. 826-594
BETWEEN THE CHILDREN'S TRUST AND THE CITY OF
MIAMI GARDENS RELATING TO A GRANT IN THE AMOUNT
OF SEVENTY-FIVE THOUSAND DOLLARS ($75,000.00), A COPY
OF WHICH IS ATTACHED HERETO AS EXHIBIT A;
PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY
MANAGER)
RESOLUTION N0.2009-20-965
J-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER TO RESCIND A PRIOR AGREEMENT WITH
FLORIDA POWER & LIGHT FOR THE INSTALLATION OF
UNDERGROUND FACILITIES AT THE MIAMI GARDENS
COMMUNITY CENTER AND AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE AND ATTEST,
RESPECTIVELY, THE NEW AGREEMENT WITH FLORIDA
POWER & LIGHT FOR THIS PURPOSE, A COPY OF WHICH IS
ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR
INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING AN
EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
RESOLUTION N0.2009-21-966
J-9) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, CONFIRMING VICE MAYOR
BARBARA WATSON'S APPOINTMENT OF ALVIN L SMITH TO
THE PARKS AND RECREATION ADVISORY COMMITTEE FOR
A ONE- YEAR TERM; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
(SPONSORED BY VICE MAYOR BARBARA WATSON)
RESOLUTION N0.2009-22-967
J-10) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING THE CITY'S
ANNUAL ACTION PLAN FOR PROGRAM YEAR 2 TO
DESIGNATE THE BUNCHE PARK AREA AS A
NEIGHBORHOOD REVITALIZATION STRATEGY AREA
(NRSA) AND TO REALLOCATE $107,641.09 IN RECAPTURED
Regular City Council Minutes
January 28, 2009 Page 9
FUNDS FROM PUBLIC SERVICES PROGRAMS TO THE
BUNCHE PARK NRSA HOUSING REHABILITATION
PROGRAM; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
(SPONSORED BY THE CITY MANAGER)
RESOLUTION N0.2009-23-968
J-11) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, IMPLEMENTING THE MIAMI
GARDENS "GET FIT" INITIATIVE FOR CITY RESIDENTS AND
STAFF; PROVIDING FOR INSTRUCTIONS TO THE CITY
MANAGER; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
SPONSORED BY COUNCILMAN OLIVER G. GILBERT III)
Motion offered by Vice Mayor Watson, seconded by Councilman Gilbert to adopt the
Consent Agenda. This motion passed and carried by a 7-0 voice vote.
(K) RESOLUTION(S)
RESOLUTION N0.2009-24-969
K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE ISSUANCE
OF EQUIPMENT ACQUISITION REVENUE BONDS IN THE AG-
GREGATE PRINCIPAL AMOUNT OF TWO MILLION DOLLARS
($2,000,000) FOR THE PURPOSE OF FINANCING OR
REIMBURSING A PORTION OF THE COSTS OF PURCHASING
VEHICLES, EQUIPMENT AND MACHINERY FOR VARIOUS
CITY DEPARTMENTS, AND PAYING COSTS OF ISSUANCE OF
THE BONDS; AWARDING THE SALE OF THE BONDS TO
WACHOVIA BANK, NATIONAL ASSOCIATION; PROVIDING
FOR SECURITY FOR THE BONDS; CONTAINING OTHER
PROVISIONS RELATING TO THE BONDS; MAKING CERTAIN
COVENANTS AND AGREEMENTS IN CONNECTION
THEREWITH; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL RESOLUTIONS IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE
CITY MANAGER)
Manager Crew explained this is to purchase the equipment for the various city
departments, as outlined in FY 08/09 budget.
Motion offered by Councilman Gilbert, seconded by Councilman Campbell to adopt this
resolution.
Councilwoman Pritchett requested that a list of all items listed in the adopted budget
Regular City Council Minutes
January 28, 2009 Page 10
identified to be purchased out of these funds be placed with the resolution for record purposes.
There being no further discussion, the motion to adopt passed and carried by a 7-0 voice
vote.
RESOLUTION N0.2009-25-970
K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE ISSUANCE
OF TAXABLE LAND ACQUISITION REVENUE BONDS IN THE
AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING
SEVEN MILLION THREE HUNDRED THOUSAND DOLLARS
($7,300,000) FOR THE PURPOSE OF FINANCING THE COSTS
OF PURCHASING CERTAIN PROPERTY DESCRIBED ON
EXHIBIT "C" ATTACHED HERETO, AND PAYING COSTS OF
ISSUANCE OF THE BONDS; AWARDING THE SALE OF THE
BONDS TO WACHOVIA BANK, NATIONAL ASSOCIATION;
PROVIDING FOR A WAIVER OF THE COMPETITIVE
REQUIREMENTS OF THE CITY'S PURCHASING ORDINANCE;
PROVIDING FOR SECURITY FOR THE BONDS; CONTAINING
OTHER PROVISIONS RELATING TO THE BONDS; MAKING
CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION
THEREWITH; APPROVING AND AUTHORIZING THE
EXECUTION AND DELIVERY OF AN AGREEMENT OF SALE
AND PURCHASE; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL RESOLUTIONS IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE
CITY MANAGER)
Manager Crew recounted during the December 10, 2008 City Council meeting, staff
advised the Council of the problem Warren Henry was having with financing, associated with
the Warren Henry property. At that meeting Council directed staff to proceed with obtaining
various financing sources on an expedited manner. Due the time restraints staff was working
under, staff did not require a formal "RFP" process and subsequent evaluations and
recommendations. Staff contacted three major institutions in South Florida in order to obtain
their proposals for this financing project. Wachovia Bank, Suntrust Bank and TD
Bank/Commercialbank were contacted.
Manager Crew stated the City received only one firm proposal from Wachovia Bank, the
other two banks did not express an interest in participating in this transaction. Staff is requesting
Council waive the formal bid process and approve the commitment letter provided by Wachovia
Bank for this financing arrangement.
Motion offered by Councilman Campbell, seconded by Vice Mayor Watson to adopt this
resolution.
Regular City Council Minutes
January 28, 2009 Page 11
At the conclusion of this discussion, the motion to adopt passed and carried by a 6-1
voice vote. Councilwoman Pritchett case the dissenting vote.
RESOLUTION N0.2009-26-971
K-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, EXERCISING AN OPTION TO
PURCHASE THAT CERTAIN REAL PROPERTY DESCRIBED IN
THE OPTION AGREEMENT ATTACHED HERETO AS EXHIBIT
"A" IN THE AMOUNT OF THREE MILLION, EIGHT HUNDRED
THOUSAND DOLLARS ($3,800,000.00); AUTHORIZING THE USE
OF PROCEEDS FROM THE CAPITAL PROJECTS FUND FOR
THE PURCHASE; AUTHORIZING THE CITY MANAGER AND
CITY ATTORNEY TO TAKE ALL STEPS NECESSARY TO
EFFECTUATE THE PURCHASE OF THE PROPERTY;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE
CITY MANAGER)
Manager Crew explained several years ago, the owner of a tract of land in this area
approached the City about the possibility of purchasing their property. At the time, the asking
price was beyond the City's ability to meet (approximately $8 Million Dollars); however, with
the current economic situation, the City was approached with a new asking price ($3.8 million).
The property is located immediately west and north of the corner of NW 27t" Avenue and 183`d
Street. It is located within the Town Center Zoning area. The property offers the City an
unparalleled opportunity to control the future of this large parcel, insuring that appropriate
development will take place on the site.
Motion offered by Councilman Gilbert, seconded by Vice Mayor Watson to adopt this
item.
Councilwoman Pritchett commended Manager Crew for putting together an excellent
package of information on this item.
There being no further discussion, the motion to adopt passed and carried by a 7-0 voice
vote.
RESOLUTION N0.2009-27-972
K-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, IMPLEMENTING SECTION 2.1
OF THE CITY'S CHARTER PROHIBITING ANY COUNCIL
MEMBER, OTHER THAN THE MAYOR OR THE VICE MAYOR
IN THE MAYOR'S ABSENCE, FROM ATTEMPTING TO
REPRESENT THE CITY IN ANY DEALINGS OTHER
GOVERNMENTAL ENTITIES; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING AN
EFFECTIVE DATE. (SPONSORED BY VICE MAYOR WATSON)
Regular City Council Minutes
January 28, 2009 Page 12
Vice Mayor Watson shared her rationale for sponsoring this item, more particularly for
clarification purposes as it relates to the Charter's and the Mayor's role as the representative of
the City Council. She said there have been members of this Council, other than the Mayor or
Vice Mayor in her absence, writing letters to the various governmental entities on the Council's
behalf. She said this resolution is to reinforce those applicable provisions of the Charter so that
Council members are aware.
Motion offered by Vice Mayor Watson, seconded by Councilman Gilbert to adopt this
item.
Councilman Campbell questioned how could this have happened when the Charter
outlines the process.
Councilman Williams opined this resolution was placed on the agenda as a result of the
letter he wrote to President Elect Obama and other members of Congress. He clarified that he
did not write the letter as a representative of the Council.
Councilman Gilbert opined, if Councilman Williams did not write the letter as a
representative of the Council then he did not violate the Charter.
At the conclusion of this discussion, the motion to approve this item, passed and carried
by a 6-1 voice vote. Councilman Campbell cast the dissenting vote.
(L) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK
L-1) City Manager's Monthly Report
(M) REPORTS OF MAYOR AND COUNCIL MEMBERS
(N) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN
COMMUNICATIONS FROM THE PUBLIC
(O) ADJOURNMENT
There being no further business to come before this Body, and upon a motion being duly
made by Councilman Bratton, the meeting adjourned at 10:43 p.m.
Attest:
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`Ronetta Taylor, MMC; pity Clerk
Shirl so ,Mayor
Regular City Council Minutes
January 28, 2009 Page 13