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04.13.2011 CITY COUNCIL MINUTES - APRIL 13, 2011 CITY OF MIAMI GARDENS REGULAR CITY COUNCIL MINUTES APRIL 13, 2011 (A) CALL TO ORDER/ROLL CALL The Executive Session was called to order by Mayor Gibson at 6:05 p.m., in the City Council Chambers, 1515 NW 167 ' Street, 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, Andrd Williams, Felicia Robinson, David Williams Jr., and Oliver G. Gilbert III. Mayor Gibson stated, "The City Attorney has announced at a public meeting that she desires advice concerning the pending litigation matter or Perez-Curri Corp., d/b/a N&J Construction versus the City of Miami Gardens. We will now recess this public meeting to a private Attorney-Client Session. The Executive session will be limited to settlement negotiations or strategy sessions related to litigation expenditures. For the record, there is a court reporter present and this meeting will be held pursuant to Section 286.011(8), Florida Statutes. The meeting will be transcribed and upon completion, it will be provided to the City Clerk. The transcript will remain confidential and not subject to public disclosure, until the conclusion of the litigation. In attendance at the Executive Session will be myself, Mayor Shirley Gibson, Vice Mayor Aaron Campbell Jr., Councilwoman Lisa Davis, Councilman Andre Williams, Councilwoman Felicia Robinson, Councilman David Williams Jr., Councilman Oliver G. Gilbert III, City Manager Danny O. Crew, City Attorney Sonja K. Dickens, Assistant City Attorney Monica Barnes, Outside Council Bradley Harper, and the Court Reporter. The estimated length of the session shall be one hour. Upon the Conclusion of the session, we will return to the public portion of the meeting to terminate the session. There being no further discussion, and upon a motion being duly made by Councilman Gilbert, seconded by Vice Mayor Campbell this meeting recessed at 6:08 p.m. After the Executive Session concluded, Mayor Gibson reopened the public meeting at 6:35 p.m. She stated, "An Attorney-Client Session in the litigation matter, Perez-Gurri Corp., d/g/a N&J Construction versus the City of Miami Gardens has been held in accordance with Section 286.011(8), Florida Status. The Attorney-Client Session is hereby terminated. There being no further business to come before this Body, and upon a motion being duly offered by Councilman Gilbert, seconded by Vice Mayor Campbell this public meeting adjourned at 6:38 p.m. Regular City Council Agenda April 13, 2011 Page 1 CITY COUNCIL MINUTES - APRIL 13, 2011 The City Council for the City of Miami Gardens, Florida, met in regular session on Wednesday, April 13, 2011, beginning at 7:10 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 Aaron Campbell Jr., and Council members Lisa C. Davis, Andre Williams, Felicia Robinson, David Williams Jr., and Oliver G. Gilbert III. 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 Councilman Gilbert (C) PLEDGE OF ALLEGIANCE Recited in unison. (D) APPROVAL OF MINUTES Regular City Council Minutes—March 23, 2011 Motion offered by Councilman Williams, seconded by Vice Mayor Campbell 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 Campbell to add Items K-15 and K-16 to the Consent Agenda as follows: Item K-15: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RATIFYING COUNCILMAN OLIVER G. GILBERT III APPOINTMENT OF YASMIN LAW TO THE CITY OF MIAMI GARDENS PROGRESSIVE YOUNG ADULTS ADVISORY COMMITTEE FOR A TERM OF THREE (3) YEARS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Item K-16: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RATIFYING COUNCILMAN OLIVER G. GILBERT III APPOINTMENT OF YASMIN LAW TO THE CITY OF MIAMI GARDENS PROGRESSIVE YOUNG ADULTS ADVISORY COMMITTEE FOR A TERM OF THREE (3) YEARS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Motion offered by Vice Mayor Campbell, seconded by Councilwoman Davis to item K- 17 to the Consent Agenda as follows: Regular City Council Agenda April 13, 2011 Page 2 CITY COUNCIL MINUTES - APRIL 13, 2011 Item K-17: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS TO ADK SPORTS, INC/, ON AN AS NEEDED BASIS,NOT TO EXCEED THE BUDGETED AMOUNT OF $73,156.00 FOR THE REPLACEMENT AND REFURBISHMENT OF FOOTBALL UNIFORMS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Motion offered by Councilman Williams, seconded by Vice Mayor Campbell to pull Item K-5 from the Consent Agenda. This motion passed and carried by a 7-0 voice vote. Motion offered by Councilman Gilbert, seconded by Councilwoman Robinson to approve the additions/deletions to the Official Agenda. This motion passed and carried by a 7-0 voice vote. (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Dr. Danny O. Crew, City Manager—Employee Recognition Manager Crew presented Lageial Valey. Parks and Recreation Department Supervisor with the distinguished recognition as Employee of the Month for the month of March 2011. F-2) Status of City Hall Development—Kevin Lawler, N-Ventures, LC and Kent Gregory,Miami Gardens Town Center, LLC. Kevin Lawler appeared before the City Council and made reference to the memorandum which is a part of tonight's City Council Agenda Packet. He said the decision is whether to terminate or modify the Development Services Agreement (DSA). He said fundamental part of the DSA was acquiring and developing the Shopping Center Plaza, which is not going to happen. The City was informed that Miami Gardens Town Center, Inc., had ceased efforts to purchase or joint venture with the owners of the Miami Gardens Plaza for the redevelopment of the center; the question before this Council is what is the best way to proceed. The DSA is not free standing, nor it is independent of each other; it is a package that has three components: Purchase and Phase 1 Redevelopment of the Miami Gardens Plaza Shopping Center; 2) Development Management Services; and 3) Construction Contract with Coastal/HA. There is a protection clause in the DSA,which requires the developer to perform. Mr. Lawler in his memorandum to the Council is recommending that the DSA be terminated. He said termination of the DSA will undoubtedly cause disruption to the on-going flow and schedule of the redevelopment activity. If the Council decided to terminate the DSA the following is recommended: 1) work with the developers for an orderly transition; 2) immediately determine what in-house and supplemental resources will be followed to keep the overall schedule on track; 3) copy the bid construction contract with MGTC; 4) defer exploring other redevelopment opportunities for the Miami Gardens Town Center for the present. Mr. Lawler reiterated the immediate priority for the City is maintaining the overall schedule for occupancy. Once construction is commenced for the City Hall project there is no time to revisit the City's role and the play in initiating redevelopment. Regular City Council Agenda April 13, 2011 Page 3 CITY COUNCIL MINUTES - APRIL 13, 2011 Robert Holland, appeared before the City Council representing the developers MGTC- LTE JV. He asked the Council to reject the recommendation to terminate the DSA. He made reference to the Charrette process undertaken by the City's leaders and residents, at which time the design and concept of the downtown corridor was created. An unsolicited proposal to build a City Hall, Parking Garage and Police Station was brought to the City Council. To further enhance the vision of the Charrette this unsolicited proposal also included the redevelopment of the Shopping Plaza.. Both of those ideas were based on Stimulus Dollars coming from the Obama Administration. Build America Bonds were identified as the funding source for City's portion of the project. On the Plaza side the developers thought they would be able to access some stimulus money from the economic development funds that was based on the City's population. President Obama had set up a structure that any city over 100,000 residents would qualify to have an allocation of money. Unfortunately, Miami-Dade County received the allocation of funds and not the City of Miami Gardens because old population figures were used. The unsolicited proposal was no longer appropriate at this point and an RFQ was issued. One hundred and three (103) entities picked up the RFQ. MGTC was the only developer to submit a proposal. At that time MGTC also offered an alternative site to build City Hall (the Home Depot Property, which was a better site). However,that was not what the Council wanted. He said the asking price for the Miami Gardens Shopping Plaza is 12.7 Million Dollars. It was bought in the height of the real estate market for 11.6 Million Dollars. There has been approximately thirty (30%) percent erosion since that time. Now, the property owner of the Miami Gardens Shopping Plaza is asking for a price above what they paid for the property during the height of the real estate market. He opined no bank is going to provide the financing to purchase this property, and then tear it down to redevelop it. The cost would be approximately 30-50 Million Dollars. Furthermore, this shopping plaza has four leases that expires 2017,which means the developer would have to buy these businesses out as well. Mayor Gibson stated that Attorney Holland's client was not able to acquire the property and the consultant's recommendation is to terminate the DSA. She asked what is the client's proposing. Attorney Holland said since signing the DSA his client has been fully committed to this project. In fact, his client has lessened the construction schedule by nine (9) months. His client has complied with every aspect of the DSA except for acquiring a piece of property that is overpriced and does not meet the financial market. He is recommending that his client be allowed to continue moving forward with the project. He shared that his client has a contract on the Cornerstone property, which is seven (7) acres, which is directly behind the plaza and slightly north of the North Dade Regional Library. The 40,000 square feet can be accommodated within that acreage. Or his client has a contract on the 18 acre Home Depot site. His client is even willing to forego the million dollar incentive, and still build the 40,000 square feet development on one of the two alternate properties. Kent Gregory, Managing Director MGTC appeared before the City Council and handed out an alternate proposal. This proposal identifies one of the other properties listed as acceptable in the RFQ (Cornerstone Property). Part of this new proposal includes a Performing Arts Regular City Council Agenda April 13, 2011 Page 4 CITY COUNCIL MINUTES - APRIL 13, 2011 Center. He proposed that the City keep the million dollar incentive offered to beautify the City Hall complex. He further stated that he would be willing to sit down with staff to renegotiate the 1.5 million dollar development fee as well. He made reference to the Miami Gardens Plaza and said one of the things that they did not know, they thought they could assume the mortgage of 8.5 million dollars. They found out through due diligence that they could assume the mortgage but the mortgage would run out in nine months. What this meant is that the bank was going to come out and reappraise the property. He said he did not invest $400,000 into a project lightly and opined it is fair to renegotiate the DSA to have an opportunity to give the City a Performing Arts Center and possible some additional resources. Councilman Gilbert said it would be a lot more helpful if supporting documentation was given to the Council prior to the Council meeting and not during the meeting. He said that the developers were not giving anything to the City, they are investors. He further made reference the Miami Gardens Shopping Plaza and said the property is, as it was. The limitation on the property is, as it was. What you said that you knew about the property speaks to your due diligence, and not what's fair. He said he keep hearing the word "fair" and knew there were other people who would have bid on this project if they did not know that the Council's express purpose of building on the Miami Gardens Shopping Plaza site. He said other developers might have bid and come with a proposal for the property north of the Wachovia site. He said he would take the blame because he wanted to go south and would not have support a proposal that did not include the property south of the Wachovia property. Mr. Gregory shared the RFQ identified the sites the developers could bid on, which not only included Miami Gardens Plaza but other properties, including the one mentioned in this site plan. Councilman Gilbert said he was aware the other sites were included in the RFQ. However, the Council was clear that it wanted to build a City Hall and develop the adjacent property located south of the proposed City Hall site. He said he was not questioning the skills of the development but perhaps if he had gotten a different development team certain aspects of the proposal would have been different. He said he has asked this question of the City Manager, City Attorney, consultant and development if they had control of the site. The answer has been "yes we have a contract, yes we have an option." He said now he is hearing, yes you have a contract but it is not one you are willing to pay. Mr. Gregory disagreed with Councilman Gilbert's comments. He said when they found out the mortgage was not assumable, they had heard that it was assumable and did not think it was assumable for nine months. Councilman Gilbert asked, so you invested$400,000 by what you heard. Mr. Gregory in response to Councilman Gilbert's comment said in this business you have to take a look at what you hear and read. This information was found out in the language of the contract during the discovery phase. He shared when they submitted their proposal in response to the RFQ,the Home Depot site was recommended and staff supported that. Regular City Council Agenda April 13, 2011 Page 5 CITY COUNCIL MINUTES - APRIL 13, 2011 Councilman Gilbert asked Mr. Lawler, if the Council decided to build a City Hall on the Wachovia site how is that site affected by the plaza being undeveloped. Mr. Lawler in response to Councilman Gilbert's question said whether the plaza is developed now or anytime in the future has no bearing on the construction of the City Hall complex because those plans are pretty much developed at this point. Part two (2) of this is that the DSA provided that within one hundred and twenty (120) days of the effective date that the developer would return to the City with a site plan that integrated the redevelopment of the shopping plaza, with the design of City Hall. What is imminently clear is that the developer entered into a performance driven DSA. The DSA provides for redevelopment, not new development. Councilman Andre Williams shared the Council received an unsolicited proposal for this development. In other words we were not necessarily in the market for this, but they approached us; the City moved forward. Initially, they wanted to work with the City independent of an RFQ process. Eventually the City issued an RFQ process. He shared he was very eager about the RFQ process, but the RFQ conditioned ownership in that area. This developer was the only group to reply to the RFQ because they were the only one in a position to acquire property within that area. He shared that he has had reservations about this development from the beginning. He said he is a real estate attorney and in this business, if you cannot do the job, you move on and find someone that can do the job. He opined this developer cannot deliver what the Council was asking them to deliver therefore it is time to move on. Vice Mayor Campbell said he was not worried about, if I would, or could or should've. That is not going to help at this juncture. He said he is interested in hearing what we need to do to proceed from this point forward. He asked if we modify how would that impact our schedule and financing. Mr. Lawler in response to Vice Mayor Campbell's question said the financing on the City's part was completed October 2010. If the DSA is terminated the construction schedule would not be held and the City would have to regroup and get a bid out. He opined it is conceivable to stay on schedule using a combination of in-house and of outside resources. The schedule at present is to have construction completed December 2012, with occupancy March 2013. Mayor Gibson said with the fact that a Leed Building is being built there would be a cost associated with moving the building. Mr. Lawler in response to Mayor Gibson's comment said there would be a significant cost due to the design development of the building. First there would be an approximately three month delay in the design development, and a cost of several hundreds of thousands of dollars. Councilman David Williams Jr., asked how much money has been invested in this project. Regular City Council Agenda April 13, 2011 Page 6 CITY COUNCIL MINUTES - APRIL 13, 2011 Manager Crew in response to Councilman David Williams Jr. inquiry said between 1.5 and 3 million dollars has been invested. He said the only reason we would start over is if the building site was moved to another location. He said the building has been designed with or without a developer. If the developer walked away tomorrow, the City could still build on the current proposed site. Attorney Dickens further expound by explaining the money being spent is for the City's project,which we can continue whether we terminate the agreement, or not. Councilwoman Davis for clarification purposes asked so, we are going to continue to build the City Hall by the tire shop and strip mall. Everything will continue just as it is. Attorney Holland appeared before the Council in response to Councilwoman Davis' inquiry. He said the tire shop was never a part of the plaza, nor were the insurance and subway plaza or the service station. Only the shopping plaza was technically under contact. The developer is offering to build the 40,000 square feet of development on another site, and continue the positive movement with the City Hall project. Councilman Andre Williams asked Mr. Lawler to expound on putting the construction part of this project out for bid. He said the construction bid process could take a couple of months. He further shared the developer has provided a very valuable service to the City. They single handedly shortened the schedule. He opined the City should terminate the existing DSA and renegotiate a different kind of agreement with the developer. Councilman Gilbert inquired about the difference between the guaranteed price for the construction of the building and the guaranteed national price tied to the development fee. Mr. Lawler in response to Councilman Gilbert's inquiry a guaranteed national price includes from the contractor's point of view project overhead and conditions. That's the construction side, and has nothing to do with the development fee. Manager Crew expounded on this matter by explaining the original fee was 3.5 million for the developer; one and a half million for the developer and a one million incentive fee. Motion offered by Councilman Andre Williams that the City Manager and City Attorney take all necessary steps to terminate the DSA. This motion died for a lack of a second. Councilwoman Robinson said she wanted to hear more from the developer about the new proposal submitted. Mr. Gregory in response to Councilwoman Robinson's inquiry said the new proposal involves the development of a Performing Arts Center on the Cornerstone property. He shared Regular City Council Agenda April 13, 2011 Page 7 CITY COUNCIL MINUTES - APRIL 13, 2011 they have not cost the city a dime so far. They have helped move this project ahead of schedule. He recounted when he spoke with Mayor Gibson two years ago she had stated that she did not want just a city hall she wanted something else to go along with it. Councilman Gilbert explained he did not second the motion offered because he wanted to hear what Councilwoman Robinson had asked. He opined the motion however was probably more correct,than it wasn't in a sense that we probably need to get out of this DSA. Attorney Dickens said he needed to look into the legalities of this new offer because this is the first time she is hearing about an alternate proposal. She asked that the Council direct staff to determine and evaluate whether the City use this for further negotiation, and if so, whether Council wants to negotiate a deal for the other property. Councilman Gilbert asked if the Council did that could the City still be moving forward with everything that it needs to for the city hall construction. He emphasized the importance of being in City Hall at the applicable time rather than paying rent in two places. Manager Crew said staff has never let this situation slow progress down in moving toward the construction of city hall. Mr. Lawler said the only issue that he sees is the construction contract, if the DSA is terminated. Mayor Gibson clarified her understanding that Councilman Gilberts was suggesting that that the existing DSA be terminated and that staff be directed to negotiate a different DSA, with the City Hall construction to be continued on its present site. With the million dollar incentive being off the table and the 1.5 million dollar developer's fee to be renegotiated, and for staff to consider the alternate proposal, with this information coming back to the City Council at the May 11 m City Council meeting. Councilman Gilbert suggested a contingency plan to put out a construction RFP in case the renegotiations fell through. Motion offered by Councilman Gilbert to authorize the City Manager and City Attorney to terminate the existing DSA and renegotiate with the developers another the DSA, with the million dollar incentive being off the table the 1.5 developers fee up for renegotiations; staff will bring back a proposed agreement for the Council's consideration at the May 11`x' City Council meeting. This motion was seconded by Councilwoman Davis. There being no further discussion,this motion passed and carried by a 6-1 vote. Vice Mayor Campbell: Yes Councilwoman Davis: Yes Councilman Gilbert: Yes Councilwoman Robinson: Yes Regular City Council Agenda April 13, 2011 Page 8 CITY COUNCIL MINUTES - APRIL 13, 2011 Councilman Andre Williams: No Councilman David Williams Jr.: Yes Mayor Gibson: Yes (G) PUBLIC COMMENTS Glenda Moton, 1430 NE 1515` Street, North Miami Beach, Florida, appeared before the City Council in support the Science and Engineering Fair item (Item K-9) sponsored by Councilman David Williams Jr. Frances Young, 2345 Bunche Park West Drive, Miami Gardens, Florida, appeared before the City Council in support of the Science and Engineering Fair item (Item K-9) sponsored by Councilman David Williams Jr. Mayor Gibson informed those individuals signed up to speak on Item K-9 that the item was not pulled from the Consent Agenda, which means there is no discussion on the item and it is considered adopted. Therefore,there was no need for further comments. Shirlyon McWhorter, President and Director of the YWCA Greater Miami-Dade, 3468 NW 199th Street, Miami Gardens, Florida, appeared before the City Council to comment on Item K-10, which authorizes staff to negotiate an agreement with the YMCA to operate the Summer Camp and After School Programs at designated city parks for the 2011 fiscal year. She provided a brief history and accomplishments of the YWCA and the fact that this agency has been providing services to residents in this community since 2000. She shared that the YWCA would like to partner with the City of Miami Gardens to provide Summer Camp and After School Programs to Miami Gardens' residents. She acknowledged the time constraints the City is under to provide services for the summer camp therefore she asked that the YWCA be considered for the After School Program. Manager Crew explained the City is under a tremendous time frame, especially with summer camp. He said proposals will be solicited from other agencies when it comes to the after school program and next year's summer camp program. Councilman David Williams Jr., asked about the problem with pool usage. Manager Crew said there is a problem with pool usage however that will not occur until the summer. Jannie Russell, Teen Upward Bound, 1210 Peri Street, Opa-locks, Florida, appeared before the City Council to comment on Item K-10. She thanked Councilwoman Davis and Manager Crew for responding to her in a timely manner. She shared that Teen Upward Bond, for two summers provided summer camp services to the City of Miami Gardens. She said her organization is very capable and available to provide summer camp, today. She shared that summer camp starts the end of May or the first part of June therefore there is enough time to consider other agencies. She pointed out the item listed on the Consent Agenda lists summer camp and after school programs. Therefore, the Council will be voting on summer camp and Regular City Council Agenda April 13, 2011 Page 9 CITY COUNCIL MINUTES - APRIL 13, 2011 after school programs. Rosetta Rolle Hylton, 20211 NW 42"d Avenue, Miami Gardens, Florida, appeared before the City of Miami Gardens appeared before the City Council to express concern with the fact that the Miss Miami Gardens Scholarship Pageant is set for Saturday, the day after Good Friday and the day before Easter. She asked that in the future that staff take this type of issue into consideration when setting dates for events. She further shared that the Florida Times had quoted the Chief of police as saying he was not a public servant. She stated that she was at that meeting and the chief did not at no time say he was not a public servant. She said the chief did say he was not an elected official. She shared that she wrote the editor of the newspaper to write a retraction. Dr. Lester Brown, 18801 NW 29dh Court, Miami Gardens, Florida, appeared before the City Council to commend the City Council and staff for the way they have conducted themselves, tonight. He further thanked the Council for supporting the Science and Engineering Fair. Kendra Bullock, 6175 NW 153 Street, Suite 303, Miami, Florida, appeared before the City Council to thank the Council for their support of the Science and Engineering Fair. She further expressed concern with the cost of the after school and summer programs now that it is being contracted out to the YMCA. Manager Crew said the YMCA has a fee program with a sliding scale. Councilman Gilbert shared when the City offer programs with low fees those it is because the participants' fees are being subsidized by the residents. He reiterated, if the City provides it and the price it low, it is going to be supplemented by tax dollars. If it is not supplemented by tax dollars the prices will either go up or a private entity will come in and provide the services. Patricia Wright, 1221 NW 179th Street, Miami Gardens, Florida, appeared before the City Council to thank Deputy Chief Paul Miller, and his staff on behalf of her neighbors in the Scott Lakes community for taking the lead and handling a problem in the neighborhood. Carolyn Nelson-Goedert, 20363 NW 32nd Place, Miami Gardens, Florida, appeared before the City Council to ask the elected officials and citizens to be proactive instead of reactive when it comes to education, and the proposed budget cuts. She encouraged everyone to talk with their legislators. Janice Coakley, 19681 NW 33`d Avenue, Miami Gardens, Florida, appeared before the City Council to thank Mayor Gibson for her efforts with the Relay for Life Event scheduled at the Betty T. Ferguson Recreational Complex, April 29, 2011. She further thanked Councilman Gilbert for his in-kind assistance in hosting the Relay For Life meeting at the Center. She further thanked Councilman Andre Williams for hosting an April 16th Girl Scout event at the Betty T. Ferguson Recreational Center. She further asked how would out-sourcing the summer camp and Regular City Council Agenda April 13, 2011 Page 10 CITY COUNCIL MINUTES - APRIL 13, 2011 after school programs affect employees of the Parks and Recreation Department. She further expressed concern with the fact that this item was not bid out. Jay Wray, 18350 NW 2"d Avenue, Suite 640, Miami Gardens, Florida, appeared before the City Council to invite everyone out to a celebrity( football, basketball and baseball players) family and friends event, Friday, April 15th at St. Thomas University 7:00-9:00 p.m., and Saturday,April 16th at the Betty to Ferguson from 11:30 a.m. to 1:30 p.m. (I) ORDINANCES) FOR FIRST READING: H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 2-312 OF THE MIAMI GARDENS CODE OF ORDINANCES RELATING TO THE COMPOSITION OF THE PROGRESSIVE YOUNG ADULTS COMMITTEE; 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 COUNCILWOMAN LISA C. DAVIS) Attorney Dickens explained the Progressive Young Adult Committee is having a difficult time getting a quorum. The item sponsored by Councilwoman Davis addresses the composition of the Committee to relax the eligibility requirement. Instead of being enrolled in a South Florida college, a member can be enrolled in any college. The composition has also been amended so that members can either reside in Miami Gardens or other areas. Motion offered by Councilwoman Davis, seconded by Councilman Gilbert to adopt this item on first reading. There being no further discussion on the item, the motion to adopt on first reading passed and carried by a 7-0 vote. Councilwoman Lisa Davis: Yes Councilman Oliver G. Gilbert III: Yes Councilwoman Felicia Robinson: Yes Councilman Andre Williams: Yes Councilman David Williams Jr.: Yes Mayor Shirley Gibson: Yes Vice Mayor Aaron Campbell Jr.: Yes H-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 16-57 OF THE CITY OF MIAMI GARDENS CODE OF ORDINANCES TO INCLUDE A PROVISION THAT WILL PROHIBIT RESIDENTIAL Regular City Council Agenda April 13, 2011 Page 11 CITY COUNCIL MINUTES - APRIL 13, 2011 PROPERTY OWNERS FROM PLANTING CERTAIN NUISANCE TREES AND PLANTS IN PUBLIC RIGHTS OF WAY (SWALE AREAS); 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 DAVID WILLIAMS JR.) Attorney Dickens explained this item will prohibit the planting of trees and plants in swale areas that are deemed a nuisance, especially in those areas where there are no sidewalks. Motion offered by Councilman David Williams Jr., seconded by Councilwoman Davis. Vice Mayor Campbell shared that he did receive a telephone call expressing concern with this item. Apparently there was a misunderstanding. This individual thought the City was prohibiting the planting of any trees. At the conclusion of this discussion, the motion to adopt on first reading passed and carried by a 7-0 vote. Councilman Oliver G. Gilbert III: Yes Councilwoman Felicia Robinson: Yes Councilman Andre Williams: Yes Councilman David Williams Jr.: Yes Councilwoman Lisa Davis: Yes Mayor Shirley Gibson: Yes Vice Mayor Aaron Campbell Jr.: Yes H-3) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AMENDING ORDINANCE NO 2010-23-231 REQUIRING THE REGISTRATION OF ABANDONED PROPERTIES; REPEALING SECTIONS 28-297 THROUGH 28-300 OF THE MIAMI GARDENS' CODE OF ORDINANCE RELATING TO REGISTRY OF SINGLE-FAMILY DWELLING UNITS; 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) Manager Crew shared last year Councilman Andre Williams brought up the fact that it would be very helpful to register foreclosed homes within the City for information purposes. Currently there is no way for staff to come up with this information. A firm has been identified that would be able to provide this service, at no upfront cost to the City. Regular City Council Agenda April 13, 2011 Page 12 CITY COUNCIL MINUTES - APRIL 13, 2011 Motion offered by Councilman Andrd Williams, seconded by Councilwoman Davis to adopt this item on first reading. There being no discussion, this motion passed and carried by a 7-0 vote. Councilwoman Felicia Robinson: Yes Councilman Andrd Williams: Yes Councilman David Williams Jr.: Yes Councilwoman Lisa Davis: Yes Councilman Oliver G. Gilbert III: Yes Mayor Shirley Gibson: Yes Vice Mayor Aaron Campbell Jr.: Yes H-4) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, REPEALING ARTICLE II OF CHAPTER 10 RELATING TO ALARM SYSTEMS; PROVIDING FOR DEFINITIONS; PROVIDING FOR REGULATIONS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR PENALTIES; 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) Manager Crew explained the Alarm Ordinance has been on the books since the incorporation of the City. However, the City just has never had staff to enforce it. Last year the City had 3,100 false alarms in the City. It takes the police about forty (40) minutes per police officer, per call. This adds up to 1.5 police officers per year in cost. This ordinance provides for an automatic fine system where all a police officer has to do is log the call into his/her computer. That information goes into a data base and can be retrieved by a company that will automatically send the bill out to the resident. Motion offered by Councilman Andrd Williams, seconded by Councilwoman Davis to adopt this item on first reading. Councilman Andrd Williams asked whether this ordinance distinguishes between residential and commercial false alarms. Manager Crew in response to Councilman Andrd Williams' question replied, "No." Councilman Andre Williams asked whether other municipalities distinguished between residential and commercial false alarms. Manager Crew in response to Councilman Andrd Williams' question he said he did not Regular City Council Agenda April 13, 2011 Page 13 CITY COUNCIL MINUTES - APRIL 13, 2011 believe they did. He opined a false alarm is a false alarm whether it is residential or commercial. Deputy Chief Miller appeared before the City Council to explain police procedure when answering a false alarm call. There being no further discussion on this item,the motion to adopt on first reading passed and carried by a 7-0 vote. Councilman Andre Williams: Yes Councilman David Williams Jr.: Yes Councilwoman Lisa Davis: Yes Vice Mayor Aaron Campbell Jr.: Yes Councilman Oliver G. Gilbert III: Yes Councilwoman Felicia Robinson: Yes Mayor Shirley Gibson: Yes H-5) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, REPEALING SECTION 33-79 OF THE MIAMI-DADE COUNTY CODE, ENTITLED "TENTS, AS MADE APPLICABLE TO THE CITY OF MIAMI GARDENS"; AMENDING ARTICLE II, CHAPTER 20, DIVISION 4 OF THE CODE ORDINANCES TO REMOVE PROVISIONS RELATING TO STREET CLOSURES FOR SPECIAL EVENTS; REPEALING ARTICLE I OF CHAPTER 4 (EVENTS AND ENTERTAINMENT); CREATING A NEW ARTICLE II TO BE ENTITLED "SPECIAL EVENT REGULATIONS); PROVIDING FOR DEFINITIONS; PROVIDING FOR EXEMPTIONS; PROVIDING FOR PERMITS; PROVIDING FOR FEES; PROVIDING FOR DURATION AND REMOVAL; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY CLAUSE; PROVIDNG FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITYMANAGER) Manager Crew said this ordinance puts together a comprehensive set of rules and regulations where the person would file the application at the Code Compliance Department. Motion offered by Councilman Andre Williams, seconded by Councilwoman Davis to adopt this item on first reading. Councilman David Williams Jr., asked for clarification on the time frame involved with submitting the application. Sharon Ragoonan, Building and Code Compliance Director appeared before the City Council to respond to Councilman David Williams Jr. She said this is typically handled by the Regular City Council Agenda April 13, 2011 Page 14 CITY COUNCIL MINUTES - APRIL 13, 2011 police department and a timeframe is listed on the back of the permit. However, it is usually five days. Councilman David Williams Jr., asked whether the City ever considered charging a fee for individuals seeking an emergency permit. Attorney Dickens said this is something staff can look at. Councilman Gilbert suggested imposing a broadcast fee as well. Attorney Dickens said this too can be looked at. She shared she was speaking with Councilman Gilbert about possible amending the ordinance. She referenced Section 4-45 entitled Penalties and suggested adding language as follows: Persons engaged in a special event without a permit, or are otherwise found to be in violation of this Article, shall be subject to payment of an application fee and enforcement by city police or code enforcement officers... Councilman Andre Williams referenced Calder Race Course and the events taking place at this location, which prompts residential complaints about the noise. He asked whether Calder had a special permit. Manager Crew said Calder needs a permit just like any other establishment. He shared the biggest complaint was during the Caribbean Festival. Councilman Andre Williams referenced Section 4-36 entitled Film and Print Production Permits and asked whether this requirement was standard. Renee Crichton, Deputy City Manager in response to Councilman Andre Williams' question said the City has an agreement with Miami Dade County, which handles all film and print productions permits for the City. Motion offered by Councilman Gilbert, seconded by Councilman Andre Williams to amend the ordinance by including prescribed as the City Attorney. This 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 on first reading passed and carried by a 7-0 vote. Councilman David Williams Jr.: Yes Councilwoman Lisa Davis: Yes Vice Mayor Aaron Campbell Jr.: Yes Councilman Oliver G. Gilbert III: Yes Councilwoman Felicia Robinson: Yes Councilman Andre Williams: Yes Mayor Shirley Gibson: Yes Regular City Council Agenda April 13, 2011 Page 15 CITY COUNCIL MINUTES - APRIL 13, 2011 (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) ORDINANCE NO. 2011-05-247 I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 24-126 OF THE CITY'S CODE OF ORDINANCES REGARDING TOWING PERMIT; AMENDING SECTION 24-157 REGARDING NONCONSENT TOWING; AMENDING SECTION 24-159 REGARDING NONCONSENT TOWING FROM PRIVATE PROPERTY; AMENDING SECTION 24-160 REGARDING REQUIREMENTS FOR IMMOBILIZING VEHICLES WITHOUT PRIOR CONSENT; DELETING SECTION 24-163 REGARDING POSTING OF TOWING SIGNS; RENUMBERING THE REMAINDER OF CHAPTER 24, ARTICLE IV OF THE CODE OF ORDINANCES; 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) (1s' Reading—March 23,2011) 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 Councilwoman Davis to adopt this item. There being no discussion,the motion to adopt passed and carried by a 7-0 vote. Councilman David Williams Jr.: Yes Councilwoman Lisa Davis: Yes Vice Mayor Aaron Campbell Jr.: Yes Councilman Oliver G. Gilbert III: Yes Councilwoman Felicia Robinson: Yes Councilman Andre Williams: Yes Mayor Shirley Gibson: Yes (J) RESOLUTION(S)/PUBLIC HEARING(S) None (K) CONSENT AGENDA RESOLUTION NO. 2011-49-1442 K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Regular City Council Agenda April 13, 2011 Page 16 CITY COUNCIL MINUTES - APRIL 13, 2011 MIAMI GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER AND THE CITY CLERK, TO EXECUTE AND ATTEST RESPECTIVELY, THAT CERTAIN AGREEMENT WITH UNIFI COMPANIES FOR 457 DEFERRED COMPENSATION RETIREMENT SERVICES, 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 NO. 2011-50-1443 K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AMENDING THE CITY'S REVENUE MANUAL REGARDING TOWING FEES IN ACCORDANCE WITH EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2011-51-1444 K-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA APPOINTING DAHLIA W. LOCKHART TO THE BOARD OF DIRECTORS OF THE FRIENDS OF MIAMI GARDENS, INC.; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN LISA C. DAVIS) RESOLUTION NO. 2011-52-1445 K-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA,APPROVING A 2012 JAZZ IN THE GARDENS EVENT; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL CONTRACTS AS MAY BE NECESSARY AND APPROPRIATE FOR THE PRODUCTION OF THE SEVENTH ANNUAL JAZZ IN THE GARDENS EVENT TO BE HELD IN MARCH 2012; PROVIDING FOR A WAIVER OF BID PROCEDURES FOR PURCHASES MADE IN CONNECTION WITH THE EVENT; AUTHORIZING THE CITY MANAGER TO EXCEED HIS PURCHASING AUTHORITY AS MAY BE NECESSARY FOR THE EVENT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY MAYOR SHIRLEY GIBSON) Regular City Council Agenda April 13, 2011 Page 17 CITY COUNCIL MINUTES - APRIL 13, 2011 RESOLUTION NO. 2011-53-1446 K-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER TO APPLY FOR A GRANT WITH THE FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES AND TO TAKE ANY AND ALL STEPS NECESSARY TO ACCEPT GRANT FUNDS IN THE AMOUNT OF SIXTEEN THOUSAND DOLLARS ($16,000.00); AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR THIS PURPOSE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2011-54-1447 K-7) 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 MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION IMPROVEMENTS ON N.W. 207TH STREET, 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 NO. 2011-55-1448 K-8) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AMENDING THE CITY'S REVENUE MANUAL REGARDING PLANNING AND ZONING FEES IN ACCORDANCE WITH EXHIBIT "A", ATTACHED HERETO; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2011-56-1449 K-9) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA CREATING A CITY OF MIAMI GARDENS SCIENCE AND ENGINEERING FAIR FOR ELEMENTARY-AGED STUDENTS RESIDING IN THE CITY OF MIAMI GARDENS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN DAVID WILLIAMS JR.) Regular City Council Agenda April 13, 2011 Page 18 CITY COUNCIL MINUTES - APRIL 13, 2011 RESOLUTION NO. 2011-57-1450 K-10) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE AN AGREEMENT WITH THE YMCA TO OPERATE A SUMMER CAMP PROGRAM AT DESIGNATED CITY PARKS FOR THE 2011 FISCAL YEAR; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITYMANAGER) RESOLUTION NO. 2011-58-1451 K-11) 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 THE STATE OF FLORIDA'S AUTHORIZED SITRIBUTORS FOR THE GOODYEAR TIRE AND RUBBER COMPANY IN AN AMOUNT NOT OT EXCEED ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00); PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2011-59-1452 K-12) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS TO FLEET TIRE TRUCK AND AUTO CENTER, INC., ON AN AS-NEEDED BASIS, NOT TO EXCEED THE ANNUAL BUDGETED AMOUNT OF ONE HUNDRED SIXTY THOUSAND DOLLARS ($160,000.00) FOR FLEET MAINTENANCE AND REMEDIAL REPAIRS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2011-60-1453 K-13) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING "NO PARKING/TOW ZONES" IN THE SWALE AREAS PF RESIDENTIAL PROPERTIES LOCATED DIRECTLY ADJACENT TO CITY PARK AND RECREATIONAL FACILITIES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2011-61-1454 K-14) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY Regular City Council Agenda April 13, 2011 Page 19 CITY COUNCIL MINUTES - APRIL 13, 2011 MANAGER TO EXECUTE MEMORANDUMS OF UNDERSTANDING FOR OPERATIONS AT THE CITY OF MIAMI GARDENS POLICE DEPARTMENT, THAT HAVE NO FINANCIAL IMPACT TO THE CITY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2011-62-1455 K-15) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RATIFYING COUNCILMAN OLIVER G. GILBERT III APPOINTMENT OF YASMIN LAW TO THE CITY OF MIAMI GARDENS PROGRESSIVE YOUNG ADULTS ADVISORY COMMITTEE FOR A TERM OF THREE (3) YEARS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN OLIVER G. GILBERT III) RESOLUTION NO. 2011-63-1456 K-16) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RATIFYING COUNCILMAN OLIVER G. GILBERT III APPOINTMENT OF JAROD ANDERSON TO THE CITY OF MIAMI GARDENS PROGRESSIVE YOUNG ADULTS ADVISORY COMMITTEE FOR A TERM OF THREE (3) YEARS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN OLIVER G. GILBERT III) RESOLUTION NO. 2011-64-1457 K-17) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS TO ADK SPORTS, INC/, ON AN AS NEEDED BASIS, NOT TO EXCEED THE BUDGETED AMOUNT OF $73,156.00 FOR THE REPLACEMENT AND REFURBISHMENT OF FOOTBALL UNIFORMS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Motion offered by Vice Mayor Campbell, seconded by Councilwoman Davis to adopt the Consent Agenda. This motion passed and carried by a 7-0 voice vote. (L) RESOLUTION(S) Regular City Council Agenda April 13, 2011 Page 20 CITY COUNCIL MINUTES - APRIL 13, 2011 RESOLUTION NO. 2011-65-1458 K-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE AND EXECUTE A CONTRACT WITH AEG LIVE SE, LLC, TO PROVIDE SERVICES RELATED TO THE CITY'S ANNUAL JAZZ IN THE GARDENS EVENT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Councilman Andrd Williams asked about the value of the contract and the services this contractor would be providing. Manager Crew said this company will provide all of the services including the stage lighting on the day of the event. Vernita Nelson, Assistant City Manager appeared before the City Council to expound on this item. She shared this resolution gives the City Manager to negotiate and find out what they will bring to the table. A representative from AEG Live SE, LLC appeared before the City Council to expound on their services. Councilman Andre Williams shared that during his conversation with the City Manager and Deputy City Manager with regard to this matter, he talked about adding value for Miami Gardens' residents. He asked will that be a part of the negotiations. Manager Crew said that will be a part of the negotiations with AEG. Motion offered by Councilman Andre Williams, seconded by Councilman David William Jr., to adopt this item. Vice Mayor Campbell said when this matter came before the Council previously one of the issues he wanted addressed is to find a way to reduce stars involvement. He further stated that his goal is to reduce the amount of money being budgeted for Jazz in the Gardens. There being no further discussion, the motion to adopt this item passed and carried by a 7-0 voice vote. (M) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK Attorney Dickens announced that the Miami Gardens Kiwanis will be offering scholarships to graduating senior at student from Miami Norland High School, Miami Carol City High School and Pace High School, as well as one City of Miami Gardens' employee. The deadline for applications is April 29`h. Regular City Council Agenda April 13, 2011 Page 21 CITY COUNCIL MINUTES - APRIL 13, 2011 (l) REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Gilbert announced that he would be sponsoring an Easter Egg Hunt, Saturday, April 23, 2011 from 1-5 p.m., at Rolling Oaks Park. He further announced that on Tuesday, May 3`d, he would be providing lunch for the senior groups at the Betty T. Ferguson Recreational Center. He said there will be food, music and prizes in honor of Mother's Day. Mayor Gibson asked whether the City Council members, when utilizing the Betty T. Ferguson Recreational Center, were subject to the same rental fee schedule. Manager Crew said right now the Center rental is at no charge to Council members. Mayor Gibson commented when Council members are using the facility, they are in essence taking up space that could go to a paying patron. She shared that she had spoken with the City Manager about looking at a fee schedule to charge the Council members of using the space. She opined that once a month is enough, but even so, this is the City's money. She said this is only fair when talking about budget constraints. She opined a policy needs to be put in place with regard to Council members' use of the facility and a fee schedule should be implemented. She asked the City Manager to look into this and bring back a recommendation to the Council. Councilman Gilbert said he was very mindful about the use of the facility and shared the event he is having is not taking away from anyone usage because the people are already scheduled to be there for their meeting. He further shared that he has actually paid to use the center. Councilman David Williams Jr., thanked Deputy City Manager Crichton and Assistant City Manager Rosemond for attending a session at St. Thomas University. He further asked about the status of the Miami Gardens Chamber of Commerce. Daniel Rosemond, Assistant City Manager/Community Development Director appeared before the City Council in response to Councilman Williams' inquiry. He said staff is waiting to identify the final recommendations for the bid and hope to have that item on the May agenda for the Council's consideration and approval. A networking event was held and was very successful. There is a lot of excitement about the Greater Miami Gardens Chamber of Commerce. Councilman Andre Williams announced he is hosting a public safety forum at Mt. Zion A.M.E. Church, Tuesday, May Pat 6:00 p.m. He further voiced his disagreement with Mayor Gibson's comments about Council members having to pay for the use of the Betty T. Ferguson Recreational Center. He shared that he has hosted some events there for City of Miami Gardens' residents. He said during those events he did not compete with any outside entities wanting to use the facility. He opined this is a great way to market the facility. Councilwoman Davis announced that she has extended the Mother's Day contest to April 20, 2011. Regular City Council Agenda April 13, 2011 Page 22 CITY COUNCIL MINUTES - APRIL 13, 2011 Mayor Gibson announced that a revitalization event will take place on May 14'' from 8:00 a.m. — 4:00 p.m. in the Vista Verde neighborhood. This revitalization event is being sponsored by PIP. She encouraged everyone to come and join with this national organization in beautifying this area. (0) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC None (P) ADJOURNMENT There being no further business to come before this Body, and upon a motion being duly made and seconded the meeting adjourned at 9:58 p.m. Attest: AShWrl on, Mayor etta Tay-1o­r-,`MgC, City Clerk Regular City Council Agenda April 13, 2011 Page 23