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05.11.2011 CITY COUNCIL MINUTES - May 11, 2011 CITY OF MIAMI GARDENS REGULAR CITY COUNCIL MINUTES MAY 11, 2011 (A) CALL TO ORDER/ROLL CALL: The City Council for the City of Miami Gardens, Florida, met in regular session on Wednesday, May 11, 2011, beginning at 7:08 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. 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—April 27,2011 Motion offered by Councilman Gilbert, seconded by Councilwoman Davis to adopt the minutes, with necessary corrections, if any. Councilman David Williams Jr., asked that the minutes reflect that Councilman Andre Williams was the one voting at that meeting. This correction was duly noted by the City Clerk. There being no further discussion, the motion to adopt the minutes 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 David Williams Jr., seconded by Councilman Andre Williams to add Item F-6)Miss Miami Gardens' Presentation. Motion offered by Councilman Andrd Williams, seconded by Councilwoman Davis to pull item K-4) from the Consent Agenda. This motion passed and carried by a 7-0 voice vote. Motion offered by Councilman Gilbert, seconded by Councilwoman Davis to approve the Official Agenda with the necessary additions/deletions. This motion passed and carried by a 7-0 voice vote. Regular City Council Minutes May 11, 2011 Page 1 CITY COUNCIL MINUTES - May 11, 2011 (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Councilwoman Davis—US Citizenship and Immigration Services,Enid Stulz, Hialeah Field Office Director Ms. Stulz appeared before the City Council and provided invaluable information about the services provided by the US Citizenship and Immigration Services. She conveyed appreciation to the City of Miami Gardens for its support. She said she looks forward to a continued supportive working relationship. F-2) Dr.Danny O. Crew,City Manager—Employee Recognition Manager Crew bestowed upon Stephen Osborne, Public Service Worker with the City of Miami Gardens Public Works Department, the distinguished recognition as Employee of the Month for the month of May 2011. F-3) Proclamation—National Public Works Week(May 15-21,2011) Mayor Gibson presented a Proclamation to the City of Miami Gardens' Public Works Department,proclaiming May 15-21, 2011, as"National Public Works Week". F-4) Proclamation—T.R.I.P. Day of Service Mayor Gibson presented a Proclamation proclaiming May 11, 2011, as T.R.I.P. Day of Service. Ms. Corliss Hill, a representative of T.R.I.P. appeared before the City Council to thank Renee Crichton and Daniel Rosemond for working closely with the organization on this particular project. She provided a brief overview about T.R.I.P. (Travel, Rebuild, Inspire, Progress), which is a national recognized organization that got its start after Hurricane Katrina. This organization travels throughout the United States performing community service and helping provide resources for predominantly African American communities. There are approximately 300 volunteers from all across the United States that are a part of this network. Dr. Shanekra Adams a T.R.I.P. Board Member appeared before the City Council to share some of the milestones and accolades of this organization. She shared that acknowledgement was received from the State of Louisiana for T.R.I.P.'s work there after Hurricane Katrina. This organization has also worked with Habitat for Humanity (since 2006 nine homes have been built in New Orleans). This organization has also worked with the City of New Orleans, more particularly the Parks and Recreation Department to help rebuild their parks and several playgrounds. She shared that T.R.I.P. is really looking forward to its Miami Gardens' Project in the Vista Verde community. F-5) City Hall Update—Kevin Lawler,N-K Ventures, LC Kevin Lawler, the City's Financial Consultant appeared before the City Council and recounted approximately a month ago the Council entertained a motion to have staff examine another possible deal with the developer. Consistent with the Council's guideline staff met with the developers and about two weeks into that process he came to two conclusions: The second proposal in terms of the Cornerstone Property did not interest the City, as well as the first Regular City Council Minutes May 11, 2011 Page 2 CITY COUNCIL MINUTES - May 11, 2011 proposal, which included the redevelopment of the adjacent Shopping Center. He said secondly, there was no longer a valued proposition. He said lastly,the Cornerstone property had a number of issues in terms of the City's level of investment, and a number of other uncertainties. He opined the City's best interest would be served by getting City Hall built, on time and on budget. He suggested that this issue can be revisited because initiating and inducing private development around the City Hall area is the right issue. Attorney Robert Holland, representing the developer appeared before the City Council and asked for the Council indulgence to respond. He recounted when this item was last discussed by the Council directions were given to the City Manager to go back and negotiate the fee as well as well as the Development Services Agreement. The developer negotiated to reduce their development fee. The developer also agreed to pay to have the seven acres (Cornerstone property) removed from the DRI, so that a Performing Arts Center and a youth banquet facility (e.g. Chucky Cheese), a banquet facility, offices, as well as a Charter School could be built on the property. In addition to that, the developer agreed to a Declaration of Restriction to make it a requirement that a Performing Arts Center be on that property. The City will then own the land that the Performing Arts Center is on, after 30 years, for one dollar. He asked that the Council direct staff to negotiate and modify the original DSA, or provide approval for staff to go forward with this proposal, consistent with the plans the developer put forward. Furthermore, that the Council mandates that the developer has to do everything required. He shared right now everybody knows there is no way the developers can legally give the City a plan without first getting the DRI removed. Mayor Gibson shared at the last City Council meeting the Council directed the City Manager to put the construction of a City Hall complex out for bid. Attorney Dickens said the Council did authorize the City Manager to get ready to issue a bid. She recommended that the Council entertain a motion to direct the City Manager to issue the construction bid. She further said staff would like to have the pre-construction contracts assigned to the City as well. At the conclusion of the discussion a motion was offered by Councilman Gilbert and seconded by Councilwoman Davis directing the City Manager to issue a bid for the construction of City Hall Complex, and to take all necessary steps to get the pre-construction contracts assigned to the City of Miami Gardens. Councilman Andre Williams asked how much money has been spent with this developer, thus far. Manager Crew in response to Councilman Andre Williams' inquiry said very little ($20,000). Councilman David Williams Jr., asked whether this would preclude the current developer from submitting a bid for the construction of the City Hall Complex. Regular City Council Minutes May 11, 2011 Page 3 CITY COUNCIL MINUTES - May 11, 2011 Manager Crew in response to Councilman David Williams Jr.'s inquiry said the contract would now be open to any contractor that meets the criteria. This would also include the current contractor. This motion passed and adopted by a 6-1 voice vote. Councilman Andre Williams cast the no vote. F-6) 2011 Miss Miami Gardens Ula Zucker-Williams, Media and Events Coordinator appeared before the City Council to present the 2011 Miss Miami Gardens,Jenay Tate. Janey Tate, Miss Miami Gardens for 2011 appeared before the City Council to provide her educational background information, as well as some of her accomplishments and future goals. She also introduced her Princesses who will be accompanying her to the competition in July, as well as other public appearances. The 2011 Miss Miami Gardens Princes are: Isis Nelson and Tiana Ramsay. (G) PUBLIC COMMENTS Janice R. Isley, 1740 NW 193`d Street, Miami Gardens, Florida, appeared before the City Council to discourage moving forward with the City Hall Complex. She cited tough economic times as the mitigating factor as her rationale. She said the City has already in debt for 100 Million Dollars for this project, and the City only bonded 55 Million Dollars. She agreed that a City Hall and a Police Department is needed but not at this time. She said even though it would be fitting to name the City Hall Complex Shirley Gibson, after the City's first Mayor, the timing is not right. Councilman David Williams Jr., asked for clarification on the amount of money spent thus far for this project. Manager Crew clarified that Councilman Andre Williams had asked how much money has the City spent with this particular developer on this project. That amount is approximately $20,000. What Mrs. Isley is referring to is the total overall debt, which is approximately 105 Million Dollars. That amount includes all the bonds the City has. Those bond funds were used to purchase properties as well as equipment and city vehicles. The bond for the City Hall project is 55 Million Dollars. Councilman Gilbert opined when you say 105 Million, you need to break it down so that everyone understands how city government is run. The question is whether we have the money in our general revenues coming in to make the payments each year. He said our revenue for debt ratio and revenue for reserve ratio is still very good. He said if you look at other cities all across the state of Florida and beyond, you are going to hear larger numbers than this. Cities do things just like individuals in their households. They buy things on credit. When you buy something on credit the bank wants to know if you can meet those monthly obligations. Cities have to meet those yearly obligations. He informed Mrs. Isley that he respects dearly her opinion and agrees that we need a City Hall. He said however, if we wait it becomes a lot more expensive. If we Regular City Council Minutes May 11, 2011 Page 4 CITY COUNCIL MINUTES - May 11, 2011 wait taxes will go up higher, after it is built; the economic climate that we are currently in learns itself to lower construction costs. He shared the City is going to save at least 17 Million Dollars by building now verses building 5 to 10 years from now. If we could retire all out debts and build City Hall with cash, it would be very unique because other cities are not doing it that way either. He further shared that if we did not build, we would have to pay rent. Vice Mayor Campbell commented, we are currently paying approximately $700,000 to rent the space being occupied by City staff. He opined this makes no sense to pay out that kind of money, when you can own. He shared the bond has been issued therefore if we wait, the City will have to pay for the bond as well as for renting space. Anthony Cutler, 15770 NW 27th Place, Miami Gardens, Florida, appeared before the City Council and expressed agreement comments made by Vice Mayor Campbell. He further shared that he volunteers by serving on several Miami-Dade County Boards. He stated that he wanted to assist the City of Miami Gardens, as well, and would be looking for opportunities to do that. (I1) ORDINANCE(S) FOR FIRST READING: There were none. (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S): There were none. (J) RESOLUTION(S)/PUBLIC HEARING(S): There were none. (K) CONSENT AGENDA: RESOLUTION NO. 2011-77-1470 K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA ADOPTING A FACILITY USAGE POLICY FOR CITY STAFF AND MEMBERS OF THE CITY COUNCIL AT THE BETTY T. FERGUSON RECREATIONAL COMPLEX; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2011-78-1471 K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER TO APPLY FOR THE MIAMI-DADE METROPOLITAN PLANNING ORGANIZATION YEAR 2011 TRANSPORTATION ENHANCEMENT PROGRAM (-TEP") GRANT AND TO TAKE ANY ALL STEPS NECESSARY TO RECEIVE GRANT FUNDS; PROVIDING FOR THE ADOPTION Regular City Council Minutes May 11, 2011 Page 5 CITY COUNCIL MINUTES - May 11, 2011 OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2011-79-1472 K-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THAT CERTAIN WARRANTY DEED TO MIAMI-DADE COUNTY WATER AND SEWER DEPARTMENT FOR THE CONVEYANCE OF REAL PROPERTY MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO TO OBTAIN FINAL PLAT APPROVAL FOR THE BETTY T. FERGUSON RECREATIONAL COMPLEX; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2011-80-1473 K-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA APPOINTING MEMBERS TO SERVE ON THE BOARD OF DIRECTORS OF THE GREATER MIAMI CHAMBER OF COMMERCE, INC.; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY MAYOR SHIRLEY GIBSON) RESOLUTION NO. 2011-81-1474 K-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA REAPPOINTING VINCENT T. BROWN TO SERVE AS THE LEGAL ADVISORY TO THE NUISANCE ABATEMENT BOARD FOR A ONE (1) YEAR TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY ATTORNEY) RESOLUTION NO. 2011-82-1475 K-7) 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 SUB-RECIPIENT AGREEMENT WITH HARVEST FIRE WORSHIP CENTER, INC., AND MOUNT HERMON COMMUNITY ECONOMIC & HOUSING DEVELOPMENT CORPORATION, RESPECTIVELY FOR THE CONVEYANCE OF SPECIFIED PROPERTIES ACQUIRED THROUGH THE NEIGHBORHOOD STABILIZATION Regular City Council Minutes May 11, 2011 Page 6 CITY COUNCIL MINUTES - May 11, 2011 PROGRAM(NSPI),A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2011-83-1476 K-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RATIFYING THE CITY ATTORNEY'S REAPPOINTMENT OF JENNIFER NICOLE BROWN, JEFF P.H. CAZEAU, REGINE MONESTIME, OLIVIA S. BENSON, QUENTIN E. MORGAN AND MIMI V. TURIN, TO SERVE AS SPECIAL MASTERS FOR TWO (2) YEAR TERMS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY ATTORNEY) Motion offered by Councilman Gilbert, seconded by Councilman David Williams Jr., to adopt the Consent Agenda. This motion passed and carried by a 7-0 voice vote. (L) RESOLUTIONS) RESOLUTION NO. 2011-84-1477 K-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AMENDING RESOLUTION 2011- 28-1421 TO REVISE THE METHOD OF ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO THE GREATER MIAMI GARDENS CHAMBER OF COMMERCE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPOSNSORED BY THE CITY MANAGER) Councilman Andre Williams conveyed support of a Chamber of Commerce. He shared that he is a small businessman in the City of Miami Gardens and understands the importance of having a Chamber of Commerce. He stated when this item first came up with regard to start up funds using CDBG Dollars, he had expressed some un-readiness. He shared that he had voted against the item at that time. Not because he did not support the Chamber of Commerce, but because he had some questions about the CDBG allocation to support that Chamber of Commerce. He shared that he questioned the due diligence at that time and followed that up with HUD. That HUD response was forwarded to the City Clerk. HUD's response was that it was inappropriate to use CDBG dollars to start up a Chamber of Commerce. He said that he was uncomfortable with this because the Council should have had more clarity when it made its initial vote. He said certainly staff may be doing the right thing now, but he needed to feel more comfortable before he can support this item. Regular City Council Minutes May 11, 2011 Page 7 CITY COUNCIL MINUTES - May 11, 2011 Motion offered by Councilman Gilbert, seconded by Councilwoman Robinson to adopt this item. There being no further discussion, the motion to adopt passed and carried by a 6-1 voice vote. Councilman Andre Williams cast the dissenting vote. (M) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK Manager Crew announced Deputy Chief Paul Miller was selected from 60-80 people nation-wide of all police officers in the nation to receive a 100% scholarship for a Master's Degree. Clerk Taylor announced that Deputy City Clerk Mario Bataille welcomed the birth of his new son, Christian, on Tuesday, March 10th. (l) REPORTS OF MAYOR AND COUNCIL MEMBERS Mayor Gibson invited everyone to come out to the Mayor's 8th Annual State of the City Address will be held on Thursday, May 12, 2011, beginning at 10:00 a.m., at the Lou Rawls Theater of Performing Arts, Florida Memorial University, 15800 NW 42nd Avenue. She further shared that May is Lupus Awareness Month. City employees held a ceremony on yesterday in the City Council Chambers. (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 the meeting adjourned at 8:20 p.m. A�� Attest: /SO4ey Gibson, Mayor vo,.42,� jwt— Ronetta Taylor, M C, City Clerk Regular City Council Minutes May 11, 2011 Page 8