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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 McNabP4 = - R Before V sk 7 6721-6727 NW 16th Terrace, Fort Lauderdale, Florida f Rendering �� �- Palmetto WPM MUM 66 � 1 e 9M►t y + ' s .. . Before 4 NW 77th Ave Miami FloridaF - -�. 275 n BEACON SPECIALIZES IN BUYING UNDER-PERFORMING PROPERTIES, WHICH CAN BE SUBSTANTIALLY IMPROVED Congress W=3f Affer _ r.tit .� r %Ar 220 Congress Park Delray Beach, Florida After Cross • _ • . • • • S a Before ffMir1553-1573 Palm Bay Road NE, Melbourne, Florida BEACON SPECIALIZES IN BUYING UNDER-PERFORMING PROPERTIES, WHICH CAN BE SUBSTANTIALLY IMPROVED „a . Copans • After n�n1CCl 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 _ 1�_Mlll Before 17401 NW 2nd Ave, Miami, Florida After Go _ _ j lden • r. Before 1395 NW 167th Street °� Miami, Florida 33169 BEACON SPECIALIZES IN BUYING UNDER-PERFORMING PROPERTIES, WHICH CAN BE SUBSTANTIALLY IMPROVED Park Aft HwardJones I a' I ■ Park Forest -3530 Forest Lane eore "f_ Dal las, Texas After North - - 2201 North central Expressway, ' Richardson, Texas BEACON ALSO SPECIALIZES IN BUYING PROPERTIES WITH LOW OCCUPANCY AND LEASING THEM UP University I LVAM - maw-A'cora+ - e u p University Medical Center 7710 NW 71 Court Tamarac, Florida r� 6030 . . . SII ill Owl mail, i 6030 W Hollywood Boulevard r- r Hollywood, Florida 33169 �� BEACON ALSO SPECIALIZES IN BUYING PROPERTIES WITH LOW OCCUPANCY AND LEASING THEM UP Atr® 7771 W. Oakland Park Blvd Sunrise, Florida L ¢a Villa,-TM t' 1►. ..::.yam•_:•tL 06 �tSsr aw 855 E SR 434, Winter Springs, Florida 33169 • aN�l�pi'._Jt a f - BEACON ALSO SPECIALIZES IN BUYING PROPERTIES WITH LOW OCCUPANCY AND LEASING THEM UP tY Gulf - - I 8866 & 8876 Gulf Free Way, Houston Texas 77017 `y. ST. James a Mi Imo- rww 1 - - -_ -•— 1717 St James Place Houston, TX BEACON HAVE IDENTIFIED OPPORTUNITIES IN THE DISTRESS RESIDENTIAL MARKET Reserve at - - • f ami ■ b 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