HomeMy WebLinkAbout 01.13.2010 CITY OF MIAMI GARDENS
REGULAR CITY COUNCIL MINUTES
JANUARY 13, 2010
(A) CALL TO ORDER/ROLL CALL
The City Council for the City of Miami Gardens, Florida, met in regular session on
Wednesday, January 13, 2010, beginning at 7:10 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 Oliver G. Gilbert and Council members Aaron Campbell Jr., Barbara Watson, Andre
Williams, Melvin L. Bratton and Sharon Pritchett.
Also in attendance were: City Manager Dr. Danny O. Crew, City Attorney Sonja K.
Dickens and City Clerk Ronetta Taylor.
(B) INVOCATION
Mayor Gibson delivered the Invocation.
(C) PLEDGE OF ALLEGIANCE
Recited in unison.
(D) APPROVAL OF MINUTES
D-1) Regular City Council Minutes—December 9,2009
Motion offered by Councilwoman Pritchett, seconded by Councilman Bratton to approve
the minutes with necessary corrections, if any. This motion passed and carried by a 7-0 voice
vote.
(E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time)
Manager Crew requested that Item K-3 be removed from the official agenda.
Motion offered by Councilwoman Pritchett, seconded by Vice Mayor Gilbert to pull Item
J-3 from the Consent Agenda. This motion passed and carried by a 7-0 voice vote.
Mayor Gibson added a presentation from Beacon Investment Properties to the official
agenda as Item F-4.
The following resolution was added, by Mayor Gibson, as Item K-4 "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA,
DIRECTING THE CITY MANAGER TO EXPEND THE SUM OF TWENTY-
FIVE THOUSAND DOLLARS ($25,000) TO BE DEPOSITED IN AN ACCOUNT
TO BE ESTABLISHED BY THE MIAMI-DADE LEAGUE OF CITIES TO
PROVIDE SUPPORT TO THE ISLAND OF HAITI AS A RESULT OF DAMAGE,
Regular City Council Minutes
January 13, 2010 Page 1
DESTRUCTION, AND DEATH, CAUSED BY AN EARTHQUAKE ON
JANUARY 12, 2010; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE."
The following resolution was added, by Councilman Williams, as Item K-5 "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, AUTHORIZING A DONATION OF FIFTEEN THOUSAND
DOLLARS ($15,000) TO PROVIDE TEMPORARY HOUSING IN MIAMI
GARDENS FOR HAITIAN NATIONALS WITH DUAL UNITED STATES
CITIZENSHIP, OR AMERICAN CITIZENS WHO NORMALLY RESIDE N
HAITI; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE."
Motion offered by Vice Mayor Gilbert, seconded by Councilwoman Watson to approve
the official agenda with the applicable changes. This motion passed and carried by a 7-0 voice
vote.
(F) SPECIAL PRESENTATIONS (5 minutes each)
F-1) Chief Boyd—Miami Gardens Police Department Monthly Report
Chief Boyd presented Wilfred Delancy, Crime Scene Supervisory as Civilian Employee
of the quarter.
Chief Boyd presented Sergeant Buddy Hunholz and Detective William Wagenmann of
the Suppression Crime Unit as Officer of the Month for the Month of November 2009; Officer
Jesse Smith, Operations Division was acknowledged as Officer of the Month for the month of
December 2009.
Mayor Gibson commended the citizens of Miami Gardens for getting involved, and
taking control of their neighborhood by informing the police department of potential problems
or illegal activities.
Chief Boyd shared that he has stated before and is firm believer that if a community takes
care of their police officers those officers will take care of that community. He shared that
during his professional law enforcement career he has never heard the amount of compliments
about these police officers. He stated that he receives on a daily basis telephone calls and
emails from residents telling him how much they appreciate the officers.
Chief Boyd announced the departmental statistical data indicates a ten percent decrease in
crime from November to December 2009. Part One Crimes has been reduced from December
2008 to December 2009 by ten percent. This represents an approximate twenty-nine (29%)
percent drop in reported crimes since the inception of the Miami Gardens Police Department. A
great significant reduction is in violent crimes such as robberies and sexual assaults, which have
decreased by twenty-one (21%) percent. Arrests were up by forty-four (44%) percent in
December. Burglary arrests were up substantially which led to a reduction in residential
burglaries for the first time since the police department's inception. A special detail, which is
implemented after Thanksgiving and concludes at the end of December garnered 151 arrests
Regular City Council Minutes
January 13, 2010 Page 2
were made and over 654 stops were initiated over thirty-four (34) days. During the initiation of
this detail only nine (9) robberies occurred. Of those four (4) apprehensions were made in the
nine (9)robbery cases.
Chief Boyd further reported that the Department partnered with the Miami Gardens
Kiwanis for the Shop with the Cop Program. One hundred (100) local kids were partnered with
an officer or other city employees, who took them shopping for Christmas. In addition, with the
City's Public Works Departments, and BrandsMart the police department delivered twenty (20)
appliances to eighteen (18) Miami Gardens' families through the Holiday Application Give-A-
Way.
Please note, Councilman Aaron Campbell Jr., left the meeting at 7:40 p.m.
F-2) Dr. Danny O. Crew, City Manager—Employee of the Month Presentation
Manager Crew presented the Employee of the Month Certificate to Carl Kallicharan
Landscaping Supervisor with the Keep Miami Gardens Beautiful Division.
F-3) MLK Day Presentation—Abdul Muhsin, Chair MLK Advisory Committee
Abdul Muhsin, Chair of the Dr. Martin Luther King Jr. Advisory Committee appeared
before the City Council to provide information on the upcoming event to be held January 18,
2018. This year's theme "Unity in the Community" marks the 5t' Anniversary of this event,
which will take place at Carol City Park. This free event will feature National Grammy
nominated artists as well as others. The oratorical contest, which kicked off January 9, 2010
centered on "Keeping the Dream Alive." The poetry contest will take place on Thursday,
January 14, 2010 at the North Dade Regional Library.
Mr. Muhsin further acknowledged Councilwoman Sharon Pritchett, Media Coordinator
Ula Zucker, Media Specialist/Planner Stephanie Saenz and Administrative Assistant Tamilla
Mullings, as well as the Dr. Martin Luther King Jr. Advisory Committee Members, Faisal
Tavernier,Vice Chair, Carolyn Mayes and Rodney Sanders.
Mr. Muhsin also acknowledged the monetary sponsors: The Children's Trust, Humana,
Dolphin Stadium, Drummer Boy Productions. 99 Jamz provided the National headliner
entertainer for the event.
Councilwoman Pritchett indicated that it is a pleasure to have volunteers who are
members of this community volunteering their time for this effort. Those individuals work
diligently with staff each year to ensure there is an event that reflects the legacy and life of Dr.
Martin Luther King Jr.
F-4) Beacon Investment Properties, LLC
Steven Geller, an attorney and registered lobbyist appeared before the City Council
representing the Beacon Investment Properties, LLC. The managing member of Beacon
Investment Properties, LLC is Aaron Bentata. He informed the Council that he was present
tonight to speak on Item K-1, which is a proposal to relocate City Hall to the proposed Civic
Center. He said he was here with a proposal to save the taxpayers millions of dollars by building
Regular City Council Minutes
January 13, 2010 Page 3
a city hall for the City of Miami Gardens on this existing site. There have been discussions with
the administration, which has indicated the city's preference is to move to the new Civic Center
Site. This very large office plaza can be very economically and business generating for the City
of Miami Gardens. Beacon Investment Properties would like to keep Miami Gardens as a tenant.
Because of this centralized location the ease of access here is un-paralleled.
Please note at this point, the audio feed into the recorder was voided therefore, the
remainder of the minutes are created from notes. The proposal submitted by Beacon Investment
Properties, LLC is provided as part of the records and attached hereto as Exhibit"A".
(G) PUBLIC COMMENTS
Nojah E. Williams, 251 NW 177`x' Street, Apartment #205, Miami Gardens, Florida,
appeared before the City Council to express concern with the street configuration on NW 7t'
Avenue and 177`h Street. She said since the construction of the WalMart Superstore in this area
she has not been able to make a left hand turn at the intersection. Due to this configuration she
has to travel further north and backtrack to turn onto her street.
Mayor Gibson asked Ms. Williams to meet with Tom Ruiz, Public Works Director about
her concerns.
David Williams Jr., 17640 NW 18`h Avenue, Miami Gardens, Florida, appeared before
the City Council to express concern with the overgrown trees in his neighborhood. The trees
branches are blocking the street lights at night, thus rendering the street's visibility to zero.
Mayor Gibson asked Mr. Williams to provide Tom Ruiz Public Works Director with the
necessary details.
(H) ORDINANCES) FOR FIRST READING
None
(I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S)
ORDINANCE NO. 2010-01-209
I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, EXTENDING THE
MORATORIUM ON PROCESSING DEVELOPMENT ORDERS
FOR MULTI-FAMILY HOUSING PROJECTS THROUGH APRIL
28, 2010; PROVIDING FOR EXCEPTIONS; PROVIDING FOR
ADOPTION OF REPRESENTATIONS; REPEALING ALL
ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY
THE CITY MANAGER) (1sT Reading—December 9,2009)
Manager Crew explained this would allow sufficient time to finish the Land
Development Regulations Code.
Regular City Council Minutes
January 13, 2010 Page 4
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 Vice Mayor Gilbert, seconded by Councilman Bratton to adopt this
item. This motion passed and carried by a 6-0 vote.
Councilman Bratton: Yes
Councilman Campbell: Not present
Vice Mayor Gilbert: Yes
Councilwoman Pritchett: Yes
Councilwoman Watson: Yes
Councilman Williams: Yes
Mayor Gibson: Yes
ORDINANCE NO. 2010-02-210
I-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING ORDINANCE NO.
2009-03-175 AND ORDINANCE NO. 2009-17-189, TO EXTEND
THE SUNSET PROVISIONS; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE.
Manager Crew explained this would assist with the process for the Neighborhood
Stabilization Program.
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 Councilwoman Watson, seconded by Councilman Bratton to adopt
this item. This motion passed and carried by a 6-0 vote.
Councilman Campbell: Not present
Vice Mayor Gilbert: Yes
Councilwoman Pritchett: Yes
Councilwoman Watson: Yes
Councilman Williams: Yes
Councilman Bratton: Yes
Mayor Gibson: Yes
ORDINANCE NO. 2010-03-211
I-3) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, EXTENDING THE
MORATORIUM ON PROCESSING DEVELOPMENT
APPLICATIONS FOR ASSEMBLY USES IN RESIDENTIAL
ZONING DISTRICTS, INCLUDING, BUT NOT LIMITED TO,
Regular City Council Minutes
January 13, 2010 Page 5
SITE PLANS, DEVELOPMENT APPLICATIONS, PERMITS, AND
ANY RELATED ACTIONS AND/OR APPROVALS FOR SUCH
USES WITHIN THE RESIDENTIAL ZONING DISTRICT
THROUGH APRIL 28, 2010; PROVIDING FOR EXCEPTIONS;
PROVIDING FOR STUDY(S); PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE
CITY MANAGER) (1st Reading—December 9, 2009)
Manager Crew explained this would allow sufficient time to finish the Land
Development Regulations Code.
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 Vice Mayor Gilbert, seconded by Councilwoman Watson to adopt this
item. This motion passed and carried by a 6-0 vote.
Vice Mayor Gilbert: Yes
Councilwoman Pritchett: Yes
Councilwoman Watson: Yes
Councilman Williams: Yes
Councilman Bratton: Yes
Councilman Campbell: Not present
Mayor Gibson: Yes
(J) CONSENT AGENDA
RESOLUTION NO. 2010-01-1183
J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, CONFIRMING VICE MAYOR
OLIVER G. GILBERT III'S APPOINTMENT OF VIVIANA SMITH
TO THE NUISANCE ABATEMENT BOARD FOR A TWO (2)
YEAR TERM; PROVIDING FOR REPRESENTATION;
PROVIDING AN EFFECTIVE DATE (SPONSORED BY VICE
MAYOR OLIVER G. GILBERT III)
RESOLUTION NO. 2010-02-1184
J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER TO TAKE ALL STEPS NECESSARY TO HOST A
CENSUS BUREAU JOB FAIR AT CITY HALL IN THE CITY OF
MIAMI GARDENS; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
(SPONSORED BY COUNCILMAN ANDRE WILLIAMS)
Regular City Council Minutes
January 13, 2010 Page 6
RESOLUTION NO. 2010-03-1185
J-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, SUPPORTING A "SMALL
BUSINESS INCENTIVE PROGRAM" APPLICATION DRIVE IN
THE CITY OF MIAMI GARDENS; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING AN
EFFECTIVE DATE. (SPONSORED BY COUNCILMAN ANDRE
WILLIAMS)
RESOLUTION NO. 2010-04-1186
J-5) 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 INTERLOCAL AGREEMENT
WITH MIAMI-DADE COUNTY WATER AND SEWER
DEPARTMENT FOR WATER EFFICIENT FIXTURES FOR THE
LOW-INCOME SENIOR HOMEOWNERS PROGRAM;
ALLOCATING THE SUM OF FIFTEEN THOUSAND DOLLARS
($15,000.00) IN CDBG PROGRAM YEAR ONE (1) FUNDS TO
IMPLEMENT THE PROGRAM; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING AN
EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
RESOLUTION NO.2010-05-1187
J-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, RENAMING A PORTION OF
NORTHWEST 177TH STREET, BETWEEN 2ND AVENUE AND
7TH AVENUE, TO -BENNETT M. LIFTER WAY;" PROVIDING
FOR DIRECTIONS TO THE CITY MANAGER; PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; PROVIDING AN
EFFECTIVE DATE. (SPONSORED BY MAYOR SHIRLEY
GIBSON)
RESOLUTION NO. 2010-06-1188
J-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AWARDING A BID TO SK
QUALITY CONTRACTOR, INC. TO REPLACE THE PIPING
SYSTEM AT NORWOOD POOL IN AN AMOUNT NOT TO
EXCEED TWO HUNDRED SIXTY-FOUR THOUSAND DOLLARS
($264,000.00) WHICH INCLUDES A TEN PERCENT (10%)
CONTINGENCY; AUTHORIZING THE CITY MANAGER AND
CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY,
THAT CERTAIN AGREEMENT WITH SK QUALITY
CONTRACTOR, INC. ATTACHED HERETO AS EXHIBIT "A;"
PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
Regular City Council Minutes
January 13, 2010 Page 7
PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE
CITY MANAGER)
RESOLUTION NO. 2010-07-1189
J-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE
ASSIGNMENT OF THAT CERTAIN PROFESSIONAL SERVICES
AGREEMENT FOR ARCHITECTURAL AND ENGINEERING
SERVICES TO B.E.A. ARCHITECTS, INC. TO ASSIST WITH
THE BIDDING PROCESS FOR NORTH DADE OPTIMIST PARK;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE
CITY MANAGER)
RESOLUTION NO. 2010-08-1190
J-9) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER TO RENEW THE CITY'S CONTRACT WITH
STRAIGHTLINE ENGINEERING, INC. AND TO TAKE ANY ALL
STEPS NECESSARY TO ISSUE A PURCHASE ORDER IN AN
AMOUNT NOT TO EXCEED THE ALLOCATED BUDGET OF
ONE HUNDRED THOUSAND DOLLARS ($100,000.00);
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE
CITY MANAGER)
RESOLUTION NO. 2010-09-1191
J-10) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY TO
UTILIZE THE SERVICES OF THE MIAMI-DADE COUNTY ART
IN PUBLIC PLACES DIVISION TO ASSIST THE CITY WITH
THE ESTABLISHMENT OF AN "ART IN PUBLIC PLACES"
PROGRAM FOR THE MIAMI GARDENS COMMUNITY
CENTER, IN THE SUM OF EIGHT THOUSAND DOLLARS
($8,000.00); AUTHORIZING THE CITY MANAGER TO EXPEND
THE AMOUNT OF ONE HUNDRED SEVENTY-TWO
THOUSAND, ONE HUNDRED THIRTY-NINE DOLLARS FOR
IMPLEMENTATION OF THE PROGRAM; PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; PROVIDING AN
EFFECTIVE DATE.
Motion offered by Vice Mayor Gilbert, seconded by Councilwoman Watson to approve
the Consent Agenda. This motion passed and carried by a 6-0 voice vote.
(I) RESOLUTION(S)
Regular City Council Minutes
January 13, 2010 Page 8
RESOLUTION NO. 2010-10-1192
J-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY TO
RETAIN THE SERVICES OF ROBERT C. GANG OF
GREENBERG TRAURIG P.A. FOR BOND WORK ASSOCIATED
WITH THE MIAMI GARDENS TOWN CENTER; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN
EFFECTIVE DATE. (SPONSORED BY THE CITY ATTORNEY)
Motion offered by Councilwoman Pritchett, seconded by Councilman Bratton to adopt
this item.
Councilwoman Pritchett questioned whether this bond counsel was being retained
Councilman Bratton asked how is the Bond Counsel selected.
Attorney Dickens said that she appoints the Bond Counsel. In this particular case, the
City Manager recommended this individual.
At the conclusion of this discussion, the motion to adopt passed and carried by a 5-1
voice vote. Councilwoman Pritchett cast the dissenting vote.
RESOLUTION NO. 2010-11-1193
K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER, CITY ATTORNEY, AND THE CITY'S
CONSULTANTS TO NEGOTIATE A DEVELOPER'S
AGREEMENT WITH MIAMI GARDENS TOWN CENTER, LLC,
FOR DEVELOPMENT OF THE CITY HALL AND TOWN
CENTER, IN ACCORDANCE WITH THE TERM SHEET
ATTACHED HERETO AS EXHIBIT "A;" PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING AN
EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
Kevin Lawler, a financial consultant retained by the City of Miami Gardens appeared before
the Council to provide a financial overview of this item. A PowerPoint presentation was made,
which is attached hereto as Exhibit`B",and made a part of the record.
At the conclusion of this presentation Councilwoman Pritchett asked Mr. Lawler whether he
was a CPA.
Mr. Lawler in response to Councilwoman Pritchett's inquiry replied,"No."
Motion offered by Vice Mayor Gilbert, seconded by Councilwoman Watson to adopt this
item.
Regular City Council Minutes
January 13, 2010 Page 9
Motion offered by Vice Mayor Gilbert, seconded by Councilwoman Watson to amend the
resolution with the following "authorizing the City Manager to move forward with the
Predevelopment Phase as outlined in the Term Sheet". This amendment passed and carried by a 4-2
voice vote. Councilman Williams and Councilwoman Pritchett cast the dissenting votes.
There being no further discussion on the item as a whole, the motion to adopt passed and
carried by a 4-2 voice vote. Councilman Williams and Councilwoman Pritchett cast the dissenting
votes.
RESOLUTION NO. 2010-12-1194
K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, DIRECTING THE CITY
MANAGER TO TAKE ALL STEPS NECESSARY TO STUDY THE
FEASIBILITY OF CREATING TWO (2) A REDEVELOPMENT
AGENC AGENCY FOR 1N THE Q7 NS14INT. STATE
1NDUSTRIAL PARK AREA D THE 27TH AVENUE CORRIDOR
TO INCLUDE A PORTION OF RESIDENTIAL DISTRICT ONE;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. (SPONSORED BY VICE
MAYOR GILBERT)
Vice Mayor Gilbert explained the rationale for sponsoring this item. He emphasized this
resolution only directs the City Manager to take steps to study the feasibility of creating two (2)
Redevelopment agencies in the Sunshine State Industrial Park and the 27h Avenue Corridor.
Some of the conditions that could lead to the creation of CRAs are: Substandard or inadequate
structures, shortage of affordable housing, inadequate infrastructures, in sufficient roadways, and
inadequate parking. CRAs also provide development incentives including grants and loans for
fagade improvements, landscape upgrades, signage and structural improvements.
Motion offered by Vice Mayor Gilbert, seconded by Councilwoman Watson to adopt this
item.
At the conclusion of this discussion and by mutual consent of the Council members the
resolution was amended to change page two line 19 through 22 to read as follows: "Whereas,
the 27th Avenue corridor, along with a portion of Residential District One, could benefit from
being included in a CRA, and Whereas, the City is directing the City Manager take any and all
steps necessary to initiate the process for the creation of CRA in the District."
There being no further discussion, motion to adopt passed and carried by a 5-1 voice
vote. Councilwoman Pritchett cast the dissenting vote.
K 3) A RESOLUTION OF THE CITY COUNCIL-OF THE CITY OF
MIAAG GARDENS,
MANAGER TO TAKE ANV AND ALL STEPS NECESSARY IN
ORDER TO CREATE A TL`MPO ADV EMPLO"4T.NT
Regular City Council Minutes
January 13, 2010 Page 10
PROGRAM-, EXPENDITURE OF TWO
MILLION DOLLARS ($2,000,000.00) FROM T-14E CITY'S C
FUNDING ORRESERVE FUND; PON4DINbFOR THE
ADOPT-!ON OF REPRESENTATIONS; PRll34DING A N
EFFECTIVE DATE. (SPONSORED BY COUNCILMAN ANDRE
RESOLUTION NO. 2010-13-1195
K-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, DIRECTING THE CITY
MANAGER TO EXPEND THE SUM OF TWENTY-FIVE
THOUSAND DOLLARS ($25,000) TO BE DEPOSITED IN AN
ACCOUNT TO BE ESTABLISHED BY THE MIAMI-DADE
LEAGUE OF CITIES TO PROVIDE SUPPORT TO THE ISLAND
OF HAITI AS A RESULT OF DAMAGE, DESTRUCTION, AND
DEATH, CAUSED BY AN EARTHQUAKE ON JANUARY 12, 2010;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. (SPONSORED BY MAYOR
SHIRLEY GIBSON)
Mayor Gibson passed the gavel to Vice Mayor Gilbert before sharing with the Council
the mitigating factors involved with this item. She placed emphasis on the importance of joining
with other municipalities in this humanitarian effort. The funds would be deposited in an
account established by the Miami-Dade League of Cities.
Manager Crew further expounded and stated the money would be coming from the City
Council's Contingency Fund. This would not preclude the City from budgeting the same
amount, for this purpose, in next year's budget.
Motion offered by Mayor Gibson, seconded by Councilwoman Watson to adopt this
resolution. This motion passed and carried by a 6-0 voice vote.
RESOLUTION NO. 2010-14-1196
K-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING A DONATION OF
FIFTEEN THOUSAND DOLLARS ($7,500) ($15,000) TO PROVIDE
TEMPORARY HOUSING IN MIAMI GARDENS FOR HAITIAN
NATIONALS WITH DUAL UNITED STATES CITIZENSHIP, OR
AMERICAN CITIZENS WHO NORMALLY RESIDE N HAITI;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING AN EFFECTIVE DATE. (SPONSORED BY
COUNCILMAN ANDRE WILLIAMS)
Councilwoman Williams explained this contribution would with the relocation of
Haitians holding dual citizenship or American citizens living in Haiti, who are displaced due to
the earthquake.
Regular City Council Minutes
January 13, 2010 Page 11
wMotion offered by Councilman Williams, seconded by Councilwoman Pritchett to adopt
this resolution.
Councilwoman Watson stated that she wanted to ensure the funds were not going to
individuals living with relatives.
Councilman Williams said the funds would assist with temporary housing being provided
by a local hotel/motel.
At the conclusion of this discussion, and by mutual consent of the City Council, the
amount was increased to $15,000.
Manager Crew said here again, if the Council desires a similar amount can be budgeted in
City Council's Contingency Fund for the next fiscal year.
There being no further discussion, the motion to adopt this item passed and carried by a
6-0 voice vote.
(L) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK
None
(M) REPORTS OF MAYOR AND COUNCIL MEMBERS
Mayor Gibson reported that an offer had been made to purchase the Warren Henry
Property, which at present is owned by the City of Miami Gardens. The potential buyer wants to
build a large office building on the site. She directed the City Manager to meet with all parties
involved, and provide the Council with a report as to the feasibility of such a transaction.
(1) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN
COMMUNICATIONS FROM THE PUBLIC
None
(0) ADJOURNMENT
There being no further business to come before this Body, and upon a motion being duly
made by Councilman Bratton and properly seconded the meeti adjo ed at 10:55 p.m.
Attest: Shi y son, Mayor
Ronetta Taylor,WAC, City Clerk
Regular City Council Minutes
January 13, 2010 Page 12
August, 2009
�nF
• INVESTMENT PROPERTIES LLC
BEACON INVESTMENT PROPERTIES LLC
BEACON INVESTMENT PROPERTIES, LLC
IS AN INTEGRATED REAL ESTATE SERVICES FIRM AND FUND
MANAGER
Beacon Investment Properties is a real estate investment and
property development group, based in Hallandale Beach, Florida. and
with offices in Houston, Texas.
We are committed to excellence in execution and performance.
Our unique operating structure permits us to recognize the opportunity,
whether it is to convert an underperforming asset into a profitable
venture, redeveloping a functionally obsolete building, upgrading the
zoning or use of a property or developing new projects.
All of Beacon Investment Properties' projects have characteristics
that drive them to success: contemporary design, updated outline,
functional proposals. Our acquisitions get quickly transformed into
stabilized and upgraded developments.
Beacon Investment Properties is the choice of highly demanding
individual or institutional investors, who look to capitalize on real estate
opportunities in the commercial and residential real estate markets,
through a diversified portfolio.
BEACON HAS AN EXTENSIVE TRACK RECORD
com-mercial Properties
Property
. . -
Property Location Acq. Date
McNab Business Park Ft Lauderdale, FL Mar-04
Palmetto Warehouse Miami, FL Agu-04
University Medical Ctr Tamarac, FL Sep-04
Shoppes @ Sawgrass Sunrise, FL Jan-05
Congress Office Park 220 Delray Beach, FL Jun-05
Golden Glades Commerce Park Miami, FL Jun-05
Cypress Creek Business Ctr Ft Lauderdale, FL Ago-05
6030 Hollywood Hollywood, FL Oct-05
Atrium Office Sunrise, FL Nov-05
Miramar Parkway Plaza Pembroke Pines, FL Jan-06
Hallandale Professional Park Hallandale, FL Feb-06
Copans Commerce Park Pompano Beach, FL Aug-06
Cross Roads Plaza Melbourne, FL Oct-06
Villaggio Shopping Ctr Orlando, FL Jul-07
Golden Glades Office Park Miami Gardens, FL Apr-08
3530 Park Forest Dallas, TX Jun-08
The Forum Office Bldg Dallas, TX Aug-08
8866 & 8876 Gulf Freeway Houston, TX Feb-09
ST. James Place Houston, TX Abr-09
Residential Propeq�LL2009
Property 'Location "" Unit
BRI-Cape Coral Cape Coral, Florida 70
Reserve at St James Island Jacksonville, Florida 54
Riviera Palms Coconut Creek, Florida 24
BEACON IS MANAGED BY AN
EXPERIENCED TEAM
Moises Benzaquen Claudio Dombey Ariel Bentata Daniel Goldstein
(Administration,Pmp. (Acquisitions (Legal Business ANa— financinq)
Management Leasing) Construction arid Sales) Development flnancmg)
Max Lashak Mario Ribak Carlos Berner
(Houstr.•,ONice, (Cam.ptrolier iD,a�:o,Beacon Opr,:n.,n.a
Daniel Klinger Jason Morjain Anahi Alay FS
usana Barach Avi Galsky
(Research 8 Underwrlfling) (Acq—,t—s Manager)j (A,c-:nb-,q j Properh nd Cftce .esea�r�8 Underw ,G
R1anager -ntl
BEACON HAS CREATED A BOARD OF ADVISORS COMPOSED BY
HIGHLY QUALIFIED INDIVIDUALS TO BE A SIGNIFICANT PART OF
THE DECISION MAKING PROCESS.
Michael Spritzer: Chairman Eagle National Bank. Principal BSS&S
Robert Dockerty: Principal Dockerty& Romer,Co. commercial lender
Jeffrey Perlow: Chairman Marquis Bank, Principal Fromberg,Perlow& Kornik, P.A.
Marcos MettaCohen: Principal GIM Desarrollos, Mexico
Marty Schek: Principal Scheck Group
Morrie Siegal: Principal CPIG,LLC
Jack Malca: Principal Millestone Co., Texas
Ana Korenfeld: Principal Paylana, S.A., Uruguay
Salomon Galsky: President Colchones Confort, C.A. Venezuela
BEACON INVESTMENT PROPERTIES MANAGES
DIFFERENT INVESTMENT FUNDS
ASB CAPITAL(US) LLC
ASB CAPITAL(BVI) LTD.
g COMVEST PROPERTIES (US) LLLP
g COMVEST PROPERTIES (BVI) LTD.
a BEACON OPPORTUNIA(US) LLLP
BEACON OPPORTUNIA(BVI) LTD.
Beacon has complete responsibility for executing property acquisition,
development, property management, and asset management. Beacon
is supported by a proven, institutional-grade back office with vertical
integration of exceptional accounting, development, due diligence, and
financial expertise. The experience Beacon brings to each property
results in consistently high disposition values achieved upon
stabilization, as well as a strong transaction pipeline to ensure future
success.
BEACON SPECIALIZES IN BUYING UNDER-PERFORMING
PROPERTIES, WHICH CAN BE SUBSTANTIALLY IMPROVED
After
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sk 7 6721-6727 NW 16th Terrace,
Fort Lauderdale, Florida
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4 NW 77th Ave Miami FloridaF - -�.
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BEACON SPECIALIZES IN BUYING UNDER-PERFORMING
PROPERTIES, WHICH CAN BE SUBSTANTIALLY IMPROVED
Congress W=3f Affer
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220 Congress Park
Delray Beach, Florida
After Cross • _ • . • • •
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ffMir1553-1573 Palm Bay Road NE,
Melbourne, Florida
BEACON SPECIALIZES IN BUYING UNDER-PERFORMING
PROPERTIES, WHICH CAN BE SUBSTANTIALLY IMPROVED
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Copans • After
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Before
_ 2300& 2400 W. Copans Road,
Pompano Beach, Florida
After Cypress Creek
efor
2901 Cypress Creek Road,
Fort Lauderdale, Florida
BEACON SPECIALIZES IN BUYING UNDER-PERFORMING
PROPERTIES, WHICH CAN BE SUBSTANTIALLY IMPROVED
After
Golden Glades _
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Before
17401 NW 2nd Ave, Miami, Florida
After
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1395 NW 167th Street
°� Miami, Florida 33169
BEACON SPECIALIZES IN BUYING UNDER-PERFORMING
PROPERTIES, WHICH CAN BE SUBSTANTIALLY IMPROVED
Park Aft
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Park Forest -3530 Forest Lane
eore "f_ Dal las, Texas
After
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2201 North central
Expressway, '
Richardson, Texas
BEACON ALSO SPECIALIZES IN BUYING PROPERTIES
WITH LOW OCCUPANCY AND LEASING THEM UP
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7710 NW 71 Court Tamarac, Florida
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6030 W Hollywood Boulevard r- r
Hollywood, Florida 33169 ��
BEACON ALSO SPECIALIZES IN BUYING PROPERTIES
WITH LOW OCCUPANCY AND LEASING THEM UP
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7771 W. Oakland Park Blvd
Sunrise, Florida
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855 E SR 434,
Winter Springs, Florida 33169
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- BEACON ALSO SPECIALIZES IN BUYING PROPERTIES
WITH LOW OCCUPANCY AND LEASING THEM UP
tY
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8866 & 8876 Gulf Free Way,
Houston Texas 77017
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ST. James
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1717 St James Place
Houston, TX
BEACON HAVE IDENTIFIED OPPORTUNITIES IN THE
DISTRESS RESIDENTIAL MARKET
Reserve at - - •
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ami
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Condominium Conversion Project
Jacksonville, Florida
Riviera
rid
Condominium Conversion Project
Coconut Creek, Florida
Miami Gardens Town Center
Developer Term Sheet
m Summary and Commentary
m
X
LU
Prepared for: City of Miami Gardens, FL
January 13,2010
Overview
As of Nov 18,2009 As of Jan 13, 2010
x No specific business terms x Actionable, specific business
terms
x Predominate focus of City x Focus on `co-development' of
Hall site (Phase 1) phases
x No linkage to concurrent x Direct linkage to concurrent
private development (Phase II private development (Phase
and beyond) 11)
x Pre-packaged `bundle' of x Separate services/selection
service providers for architect and financial
underwriter
January 13,2010
Term Sheet — Organized in 5 Sections
Scope and Purpose
Predevelopment
Phase I (City Hall property)
Phase II (shopping center property)
Other Considerations
January 13,2010
Term Sheet — Scope and Purpose
H igh I ights
Affirms a "co"-development focus/process
o. Sets `public-private' development in a civic, coordinated
and unified manner as the standard
o. Requires ownership/control of property
.;. Prescribes a Co-Development Agreement, with a
Development Services agreement as contractual basis
Establishes a `pre-development' period and the basis for
an interim agreement to keep the process
Eliminates City's exposure to developer's pursuit costs
January 13, 2010
Term Sheet: Pre- Development Period
o. What is it and what is its purpose?
o. What occurs during `pre-development' ?
* Unified site plan and design standards
* Negotiation of the `Co-DevelopmentAgreement
* Due diligence and related analyses
* Opt-out for the City
r• What are the responsibilities of the developer
and the City?
January 13,2010
Pre- Development Responsibilities
Jointly:
� Site plan and design standards (60/40 cost share)
0 City and public officials meetings
Negotiate the complete Co-Development agreement
Create time line/master schedule
Commence selection/retention of Phase I design team
By the City:
Financing structure/costs due diligence
Financing entity and structure, plus land transfer basis
January 13,2010
Pre- Development Responsibilities
By the City, continued:
� Refine space requirements/parking needs
� Address off-site infrastructure needs/funding, if any
Decide on Mint property
Designate coordinator/central contact for pre-
development activities
By the developer:
Manage the site planning process/retain the planner
Prepare site plan for Phase II
January 13,2010
Pre- Development Responsibilities
By the developer continued:
Construction cost update
Construction schedule & milestones
Management plan
Assignment agreement on Mint property, if requested
Demonstrate financial capability
January 13,2010
Phase I (City
■ Technically commences upon execution of the Co-
development agreement
■ Funding from proceeds of financing, unless self
funded prior to closing
■ Architectural services team approved by the City,
arranged by developer.
■ LEED certification/green design
■ Development services/construction contract
■ City may retain independent construction manager
January 13, 2010
Phase I (City p Development
Services
Services to be performed and management plan
Time line and responsibilities, including
permitting
Quality control/assurance procedures
:: Financial controls, invoicing/payments
w Compensation
W, $2.5 mil base fee; 40% retention linked to commencement
of Phase II
Payment ratably per month
$.2 mil `performance fee', based on agreed benchmarks
January 13,2010
Phase I (City property)— Construction
Contract with H .A. Contracting Corp
:: AIA 102 or AGC Doc 565 form
:: Pre-construction services and costing
:: Schedule and quality control
:: GMP, with overhead and profit `at competitive
rates"
:: Contingency and `savings' to be negotiated
:: Open book
:: City approval of final contract
:: MWBE targets and compliance
January 13,2010
Phase 11 (the shopping i n center
:J Property to be acquired (or binding contract on)
prior to any `development services'
mj Development of property to occur prior to CO of
Phase 1
7:j If development does not occur prior to CO:
:- Developer forfeits deferred fee ($ 1 .0 mil)
;-- City has the right of I St refusal to purchase if developer
decides to sell
�w Developer has up to 6 months `grace' if failure to
proceed is from "Acts of God" or materially
adverse capital market conditions
January 13,2010
Other Considerations (notpart of the
Council's terms of reference as of I 1 / 18/09)
* Developer agrees any additional property will be
developed consistent with design guidelines
* City to use `best efforts' to pursue the formation of
a CRA and to allocate TI revenue to offset
infrastructure costs associated with future phases
* City agrees to create SAD if requested by
developer for affected properties
* City agrees to work with developer on economic
development concepts for future phases
January 13, 20 1 u
Additional Decision Considerations
What are the potential risks of proceeding vs
the risk potential of not proceeding?
Does the City have the requisite resources to
manage its part of development process ?
Is this the right investment and the right time?
January 13,2010
Pre- Development Responsibilities
,1 By the developer continued:
Construction cost update
Construction schedule & milestones
Management plan
Assignment agreement on Mint property, if requested
Demonstrate financial capability
January 13,2010
Phase I (City
■ Technically commences upon execution of the Co-
development agreement
■ Funding from proceeds of financing, unless self
funded prior to closing
■ Architectural services team approved by the City,
arranged by developer.
■ LEED certification/green design
■ Development services/construction contract
■ City may retain independent construction manager
January 13,2010
Phase I (City p Development
Services
=~ :: Services to beP
erformed and management Ian
P g
:: Time line and responsibilities, including
permitting
:: Quality control/assurance procedures
:: Financial controls, invoicing/payments
:: Compensation
■ $2.5 mil base fee; 40% retention linked to commencement
of Phase II
0 Payment ratably per month
P $.2 mil `performance fee', based on agreed benchmarks
January 13,2010
Phase I (City property)— Construction
Contract with H .A. Contracting Corp
AIA 102 or AGC Doc 565 form
:: Pre-construction services and costing
:: Schedule and quality control
:: GMP, with overhead and profit `at competitive
rates"
so no Contingency and `savings' to be negotiated
:: Open book
on ON City approval of final contract
:: MWBE targets and compliance
January 13,2010
Phase 11 (the shopping i n center
7,:l Property to be acquired (or binding contract on)
prior to any `development services'
i:a Development of property to occur prior to CO of
Phase 1
7:a If development does not occur prior to CO:
t Developer forfeits deferred fee ($ 1 .0 mil)
City has the right of I St refusal to purchase if developer
decides to sell
7:+ Developer has up to 6 months `grace' if failure to
proceed is from "Acts of God" or materially
adverse capital market conditions
January 13,2010
Other Considerations (notpart of the
Council's terms of reference as of 11 / 18/09)
Developer agrees any additional property will be
developed consistent with design guidelines
* City to use `best efforts' to pursue the formation of
a CRA and to allocate TI revenue to offset
infrastructure costs associated with future phases
* City agrees to create SAD if requested by
developer for affected properties
* City agrees to work with developer on economic
development concepts for future phases
January 13,2010
Additional Decision Considerations
What are the potential risks of proceeding vs
the risk potential of not proceeding?
Does the City have the requisite resources to
manage its part of development process ?
Is this the right investment and the right time?
January 13,2010