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01.26.2011 T 4 CITY COUNCIL MINUTES - JANUARY 26, 2011 CITY OF MIAMI GARDENS REGULAR CITY COUNCIL MINUTES JANUARY 26, 2011 (A) CALL TO ORDER/ROLL CALL The City Council for the City of Miami Gardens, Florida, met in regular session, on Wednesday, January 26, 2011, beginning at 7:05 p.m., in the City Council Chambers, 1515 NW 167'hStreet, Building 5, Suite 200, Miami Gardens, Florida. The following members of the City Council were present: Mayor Shirley Gibson, Vice Mayor Aaron Campbell Jr., and Council members Lisa C. Davis, Felicia Robinson, and Oliver G. Gilbert III. Council members Andre Williams and Sharon Pritchett arrived at 7:08 p.m. Also in attendance were: City Manager Dr. Danny O. Crew, City Attorney Sonja K. Dickens and City Clerk Ronetta Taylor. (B) INVOCATION Invocation delivered by Dr. Lester Brown (C) PLEDGE OF ALLEGIANCE Recited in unison. (D) APPROVAL OF MINUTES Regular City Council Minutes—January 12,2011 Motion offered by Councilman Gilbert, seconded by Councilwoman Davis to approve the minutes,with necessary corrections, if any. This motion passed and carried by a 6-0 voice vote. (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time) Motion offered by Councilwoman Pritchett, seconded by Councilman Williams to pull Item K-2 from the Consent Agenda. This motion passed and carried by a 7-0 voice vote. Motion offered by Councilwoman Pritchett, seconded by Councilman Williams to pull Item K-4 from the Consent Agenda. This motion passed and carried by a 7-0 voice vote. Motion offered by Councilwoman Pritchett, seconded by Vice Mayor Campbell to approve the Oficial Agenda, with necessary changes. This motion passed and carried by a 7-0 voice vote. (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Councilman Williams—Opa-locka CDC on NSP-2 and NSP-3 in Miami Gardens Councilman Williams welcomed the Opa-locka CDC to this Council meeting. He Regular City Council Agenda January 26, 2011 Page 1 CITY COUNCIL MINUTES - JANUARY 26, 2011 recounted this organization has been instrumental in development in Opa-locks and the surrounding communities for a number of years. This organization also received NSP I, II and III dollars. The Opa-locka CDC has been using NSP dollars as well as private dollars to develop the Magnolia Area of Opa-locks (which abuts NW 151St Street and the City of Miami Gardens). He said the idea is for the Opa-locka CDC to use their resources to develop the Bunche Park and Rainbow Park areas in Miami Gardens. Willie Logan, President and CEO of the Opa-locka Community Development Corporation appeared before the City Council and conveyed belief that Rainbow Park and Bunche Park are neighborhoods contiguous to Magnolia Gardens, which is located in the triangle area of Opa-locka. Therefore, the Opa-locka CDC is willing to commit 3.2 Million dollars to redevelop Rainbow Park and Bunche Park over the next 24 months. He suggested that the 1.9 Million dollars the City intends to use for the acquisition or rehab for abandoned and foreclosed properties be committed to this project; one million for landscaping and $300,000 for landscaping. Opa-locks CDC believes it can take that 3.2 Million, with the city contributing 3.2 Million and go out and get additional financing to maximum this project. Opa-locka CDC believes that with the use of both resources, funding from the City as well as from the Opa-locka CDC would help in doing more with less. He said it is his organization's belief that working together as a whole is greater than as a part. He made reference to the Census Chart provided, which indicates that Bunche Park has the highest rate of vacancy than any other area within the City of Miami Gardens. Mr. Logan recounted the Opa-locka CDC has been around since 1980, and has a very experience and engaged staff. His project management experience includes over 1400 units of multi-family housing; 118 units of single family housing; 61 units of rehab and over 100,000 units of commercial space. The Opa-locka CDC also has a subsidiary "The Community Friend of North Miami Dade", which provides low interest first mortgages to its buyers and community at large. In addition, this subsidiary also provides second mortgages as well as small business loans and home buyer education. The Opa-locka CDC also has its own construction company. There is also a Real Estate Broker's Firm, licensed by the State of Florida. Mr. Logan proposed working with the City to develop the Bunche Park, Rainbow Park areas, matching dollar for dollar. He opined the City and the Opa-locka CDC can do more together by combining its resources. He asked for an opportunity to sit down with staff to see if something could be worked out that is durable. He clarified that he would like to sit down with the City to see if there was any interest in working together. The outcome of that meeting would be brought back to the Council for consideration. Mayor Gibson said it would be proper for staff to first meet with representatives from the Opa-locka CDC for discussion purposes. Councilwoman Pritchett made reference to the mention of matching funds from the City of Miami Gardens and the Opa-locka CDC. Mr. Logan said the Opa-locka CDC is willing to match the City's funding dollar for Regular City Council Agenda January 26, 2011 Page 2 CITY COUNCIL MINUTES - JANUARY 26, 12011 dollar. He said his organization is willing to set aside 3.2 Million Dollars today to be used over the next 24 months, if the City is willing to do that. If not the 3.2 Million Dollars whatever amount the City is willing to put on the table, the Opa-locka CDC will match. By unanimous consent of the City Council, the City Manager was directed enter into discussions with the Opa-locka CDC and bring back to the Council staff s recommendation. F-2) Tom Ruiz, Public Works Director-2010 Outstanding Urban Forest Program/Large Community Award Tom Ruiz appeared before the City Council and shared that the Florida Urban Forest Council is a state-wide non-profit organization with a diverse membership of municipalities, utility companies and various civic organizations that care about forestry in our cities, towns and communities. Joe Sulak of the Florida Urban Forest Council Executive Committee Member and Chair of the Awards Committee appeared before the City Council to present the staff with the 2010 Outstanding Urban Forest Program/Large Community Award. F-3) City Manager Dr. Danny O. Crew—Employee Recognition (5 Year Service Pin & Employee of the Month) Manager Crew presented the following employees with their five year service pin: Irving Cooper, School Crossing Guard; Claudell Joseph, KMGB Program Coordinator; Tyshika Kitchen, Recreation Aide and Daniel Perez, Facilities Manager. He further recognized Willie Taylor, Public Service worker with the City of Miami Gardens Public Works Department as the Employee of the month for the month of December 2010. F-4) Councilwoman Pritchett& Events and Media—Presentation to MLK Committee Ula Zucker-Williams, Media and Events Coordinator and Stephanie Saenz, Media Specialist appeared before the City Council to present the members of the Dr. Martin Luther King Jr. Holiday Steering Committee with plaques for their outstanding and exemplary service. A video was also shown, which showcased the Service for Peace project (property clean-up for a Miami Gardens resident and cancer patient). Mayor Gibson thanked the Dr. Martin Luther King Jr., Holiday Steering Committee members for their hard work. Unfortunately this year's event was rained out. Mayor Gibson announced that the Universal Soul Circus was in town and encouraged everyone's support of this exciting and unique show. (G) PUBLIC COMMENTS Dannie McMillian, Chair of the Miami Gardens Commission For Women appeared before the City Council to unveil the"Commission"2011 Projects. Regular City Council Agenda January 26, 2011 Page 3 CITY COUNCIL MINUTES - JANUARY 26, 2011 Mayor Gibson suggested due to budgetary constraints priorities setting priorities with those projects to be brought forth to the council for approval. Councilman Gilbert said $5,000 was allocated in this fiscal year's budget for the Commission For Woman. Ms. McMillian shared the "Commission" was told that the Council's approval of the projects were necessary. Councilwoman Pritchett made reference to the Women and Girls project being proposed by the Commission For Women and asked is there an anticipated number of participants. Ms. McMillian said the goal is to reach out to at least 200 hundred. Councilwoman Pritchett asked whether Ms. McMillian was planning any advertisement for this event. Ms. McMillian said flyers will be distributed as well as putting the information in the City's newspaper. Motion offered by Councilman Gilbert, seconded by Councilwoman Pritchett to approve the proposed projects. There being no further discussion,this motion passed and carried by a 7-0 voice vote. Councilman Gilbert suggested that Ms. McMillian speak with the City's Parks and Recreation Department because there are a number of young ladies participating in the sports programs and might be good candidates for the Commission For Women to target. (I) ORDINANCES) FOR FIRST READING: H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 6 OF THE CODE OF ORDINANCES TO CREATE ARTICLE X RELATING TO ALCOHOL SALE AND CONSUMPTION; REGULATING HOURS AND DAYS OF SALE AND CONSUMPTION; PROVIDING FOR VIOLATIONS AND COMPLIANCE; AMENDING SECTION 34-146 OF THE CITY'S LAND DEVELOPMENT REGULATIONS; 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 THE CITY MANAGER) Motion offered by Councilman Gilbert, seconded by Councilwoman Robinson to adopt Regular City Council Agenda January 26, 2011 Page 4 CITY COUNCIL MINUTES - JANUARY 26, 2011 this item on first reading. Councilman Gilbert said he wanted to establish a rule that puts liquor stores and merchant stores on equal footing. He said he did not want a merchant paying higher rent in a better plaza to be disadvantaged by the new rule, and the merchant in a dilapidated property,not to be. Mayor Gibson questioned the difference in the hours of operations for the banquet hall and the package store. She opined that 11:00 p.m. is too early to tell an establishment (banquet hall) they cannot sell liquor after that hour. She said the ordinance further provides that sports bars, entertainment establishments, etc., can serve until 1:00 a.m. She said there is no consistency. Manager Crew shared there has been three murders at banquet halls. He explained the banquet hall facilities within the City of Miami Gardens are not true banquet halls. The banquet halls are being turned into nightclubs. Mayor Gibson said in those particular instances there should be appropriate action the City can take. She said she is not going to vote to penalize someone with a legitimate business because there are individuals who do not want to function within the rules. Councilman Gilbert opined if there are individuals operating illegal banquet halls, the City should shut them down. Manager Crew explained the City has not had legitimate banquet halls within the City of Miami Gardens. Mayor Gibson said she was not in favor of any of the hours of operation and opined they need to be reworked. She suggested that staff go back and rework this; then come back with something that makes sense. Deputy City Manager Renee Crichton appeared before the City Council and suggested explaining a few of the items and talk about the reasoning behind the different hours. Councilman Gilbert opined the general consensus of the Council is for staff to come back with times and uses that is consistent. After the discussion this item was pulled from the official agenda. (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) ORDINANCE NO. 2011-01-243 I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING ARTICLE IX OF THE CODE OF ORDINANCES TO ADD DIVISION 6, TO IMPLEMENT A CITY OF MIAMI GARDENS MINORITY BUSINESS Regular City Council Agenda January 26, 2011 Page 5 CITY COUNCIL MINUTES - JANUARY 26, 2011 ENTERPRISE ORDINANCE; ESTABLISHING A POLICY; PROVIDING FOR CERTIFICATION; PROVIDING FOR OUTREACH; PROVIDING FOR OBJECTIVES AND GOALS; PROVIDING FOR REQUIREMENTS; PROVIDING FOR WAIVERS AND EXCEPTIONS; PROVIDING FOR REPORTING REQUESTS; 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 OLIVER G. GILBERT III) (1St Reading—January 12,2011) Mayor Gibson opened the floor for this public hearing. After there were no interested parties to speak on this item,the public hearing closed. Motion offered by Councilman Gilbert, seconded by Vice Mayor Campbell to adopt this item. Councilman Gilbert explained his rationale for sponsoring this item, which provides for an analysis of the City's purchasing practices. He said if it is found the City is disproportionate not doing business with minorities, it implements a Certification so that the City can do business with minorities. Mayor Gibson said she had asked staff to bring back information as it related to the Ten Percent Local Preference Ordinance and whether it worked. Manager Crew explained basically staff looked at what has been done as it related to bids over the last couple of years. Much of the factor is that a majority of what is purchased by the City is not available through local businesses. What was found that when a local business did submit a quote/bid seventy-five (75%) of the time,they did get the business. The key is trying to get more local businesses to submit quotes. Councilwoman Pritchett questioned how many of the local businesses are truly minority businesses. Manager Crew said the City did not keep those records. Councilman Gilbert said the ordinance requires the City Manager's staff to know this information. Mayor Gibson said in looking at the information provided it would appear that local business owners did not know how to properly submit a bid. Manager Crew explained the City has held several workshops on how to do business with the City, as part of that workshop how to submit a bid is also explained. Regular City Council Agenda January 26, 2011 Page 6 CITY COUNCIL MINUTES - JANUARY 26, 2011 Mayor Gibson opined it would appear that approached has no worked. She suggested coming up with another solution to this problem, like speaking to individuals on a one-on-one setting. Vice Mayor Campbell for clarification purposes said this ordinance is dealing with minority business and the discussion is relating to local businesses, which is two different things. Councilman Gilbert said there will be some local businesses that are minority businesses, which will be affected by this ordinance because they are minority. This ordinance targets minority businesses. Right now, we do not have any information on the number of minority businesses the City does business with. This ordinance allows for many different types of remedies to ensure minority businesses are included in the process, such as partnering. At the conclusion of this discussion,the motion to adopt passed and carried by a 7-0 vote. Councilwoman Davis: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Yes Councilwoman Robinson: Yes Councilman Williams: Yes Vice Mayor Campbell: Yes Mayor Gibson: Yes (J) RESOLUTION(S)/PUBLIC HEARING(S) None (I) CONSENT AGENDA RESOLUTION NO. 2011-12-1405 K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA SUPPORTING PREVENTIVE MEASURES TO FIGHT OBESITY AS SET FORTH BY MICHELLE OBAMA, THE FIRST LADY OF THE UNITED STATES OF AMERICA IN THE LET'S MOVE! CAMPAIGN; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY MAYOR GIBSON) RESOLUTION NO. 2011-13-1406 K-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN AGREEMENT WITH XAVIER CORTADA IN AN AMOUNT OF ONE HUNDRED FIFTY-TWO THOUSAND DOLLARS ($152,000.00) TO Regular City Council Agenda January 26, 2011 Page 7 CITY COUNCIL MINUTES - JANUARY 26, 2011 IMPLEMENT THE PUBLIC ART DESIGN CONCEPT TITLED "SPLASH" FOR THE BETTY T. FERGUSON RECREATIONAL COMPLEX; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2011-14-1407 K-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RATIFYING COUNCILWOMAN LISA C. DAVIS' APPOINTMENT OF SUSAN E. BURNS, TO THE CITY OF MIAMI GARDENS COMMISSION FOR WOMEN FOR A TERM OF THREE (3) YEARS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN LISA C. DAVIS) RESOLUTION NO. 2011-15-1408 K-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RATIFYING VICE MAYOR CAMPBELL'S REAPPOINTMENT OF TIMOTHY W. TURNER, 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 CAMPBELL JR.) RESOLUTION NO. 2011-16-1409 K-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RATIFYING COUNCILMAN ANDRE WILLIAMS' REAPPOINTMENT OF CHANTELE J. HARRIS TO THE PARKS AND RECREATION ADVISORY COMMITTEE FOR A ONE YEAR TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN ANDRE WILLIAMS) Motion offered by Councilwoman Pritchett, seconded by Vice Mayor Campbell to adopt the Consent Agenda. This motion passed and carried by a 7-0 voice vote. (L) RESOLUTION(S) RESOLUTION NO. 2011-17-1410 K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST RESPECTIVELY, THAT CERTAIN EIGHTH AMENDMENT TO Regular City Council Agenda January 26, 2011 Page 8 CITY COUNCIL MINUTES - JANUARY 26, 2011 THE LEASE AGREEMENT WITH BRI 1814 GGOP, LLC FOR THE LEASE OF CITY HALL OFFICE SPACE AT GOLDEN GLADES OFFICE PARK; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Motion offered by Councilwoman Pritchett, seconded by Councilwoman Davis to adopt this item. Councilwoman Pritchett asked about the lease extension time, and asked when would the City be able to move. Manager Crew in response to Councilwoman Pritchett's inquiry said hopefully the City is looking at February or March of 2013. City Hall will probably move first with the police department moving several months later. There being no further discussion, the motion to adopt this item passed and carried by a 7-0 voice vote. RESOLUTION NO. 2011-18-1411 K-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST RESPECTIVELY, THAT CERTAIN AGREEMENT AND ADDENDUM WITH THE FLORIDA DEPARTMENT OF CORRECTIONS WORK SQUAD #WS587 FOR PUBLIC WORKS SERVICES IN THE AMOUNT OF FIFTY-SIX THOUSAND, FOUR HUNDRED AND SIXTY-SEVEN DOLLARS ($56,467.00); PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE (SPONSORED BY THE CITY MANAGER) Motion offered by Councilwoman Pritchett, seconded by Vice Mayor Campbell to adopt this item. Councilwoman Pritchett asked why can the City not use the dollars being spent on this program to put Miami Gardens residents to work, especially given the state of the economy. Manager Crew explained to use the same number of individuals as employees, on a forty hour a week schedule would cost the City approximately a quarter million dollars. Mayor Gibson recounted when this issue was first brought before the Council there was a lot of discussion. She said this program provides for those inmates who are moving closer to Regular City Council Agenda January 26, 2011 Page 9 CITY COUNCIL MINUTES - JANUARY 26, 2011 their time of release. This work squad program assist with the inmate's transition. Councilwoman Pritchett stated that she wished there was something the Council could do collectively as a City to help those within our City. Manager Crew said unfortunately the City does not have the resources to assist residents. At the conclusion of this discussion,the motion to adopt this item passed and carried by a 6-1 voice vote. Councilwoman Pritchett cast the dissenting vote. (M) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK M-1) City Manager's Monthly Report Manager Crew shared the Council approved a Tax Anticipation Note (TAN) in anticipation of the City running short on cash. The good news is that the "TAN"was not needed and the loan was cancelled. The cost to the City for this cancellation was approximately $2,000.00. (N) REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Gilbert made reference to a Daily Business Review article where the City Manager was featured on the cover. The article announces the City's litigation against Miami Dade County for CITT Funds. He further thanked all of those who came out for the Town Hall Meeting on January 22nd that dealt with water issues. This event was well attended. Councilwoman Pritchett thanked everyone for coming out to the Dr. Martin Luther King Jr., Holiday Celebration. She shared that during this event Stephanie Saenz, Media Coordinator noticed a homeless person. Ms, Saenz of her own accord provided food to this individual. She Saenz's actions are to be commended. Councilman Williams thanked everyone for coming out to the Silver Sneaker event held at the Community Center. He said approximately 300 seniors were in attendance. Mayor Gibson thanked all the residents and those from outside of the City who attended the fitness festival. This event was well attended. Over 100 individuals signed for gym membership at the Betty T. Ferguson Recreational Complex. (0) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC None. Regular City Council Agenda January 26, 2011 Page 10 CITY COUNCIL MINUTES - JANUARY 26, 2011 (P) ADJOURNMENT There being no further business to come before this Body, and upon a motion being duly made the meeting adjourned at 8:40 p.m. Attest: i Shirl 9XbsqX, Mayor onetta Taylor, M , City Clerk Regular City Council Agenda January 26, 2011 Page 11