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04.28.2010 CITY OF MIAMI GARDENS REGULAR CITY COUNCIL MINUTES APRIL 28, 2010 (A) CALL TO ORDER/ROLL CALL The City Council for the City of Miami Gardens, Florida, met in regular session on Wednesday, April 28, 2010, beginning at 7:02 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 Barbara Watson, Melvin L. Bratton, and Oliver G. Gilbert III. Councilwoman Sharon Pritchett arrived at 7: 05 p.m., and Councilman Andre Williams arrived at 7:06 p.m. Also in attendance were: City Manager Dr. Danny O. Crew, City Attorney Sonja K. Dickens and City Clerk Ronetta Taylor. (B) INVOCATION Invocation delivered by Councilman Gilbert (C) PLEDGE OF ALLEGIANCE Recited in unison. (D) APPROVAL OF MINUTES D-1) Regular City Council Minutes—March 24,2010 Motion offered by Councilman Gilbert, seconded by Councilman Bratton to approve the minutes, with necessary corrections, if any. This motion passed and carried by a 5-0 voice vote. (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda Mayor Gibson removed Items J-5 and J-8 from the official agenda. Motion offered by Councilman Gilbert, seconded by Councilwoman Watson to approve the official agenda, with the necessary additions/deletions. This motion passed and carried by a 5-0 voice vote. (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Commission for Women Quarterly Report Dannie McMillan, newly elected Chair of the Commission for Women appeared before the City Council to present the first quarter report. She acknowledged the immediate past president, vice president and secretary for the outstanding work over the past two years. She Regular City Council Minutes April 28, 2010 Page 1 further introduced the newly elected officers. To commemorate Women's History Month the Commission sponsored a program saluting Phenomenal Women, Past, Present and Future. In addition, the Commission is currently collecting personal hygiene items for the women of Haiti. Donations can be dropped off at City Hall. Everyone was also invited to the Commission for Women's monthly meeting on the third Thursday beginning at 6:30 p.m., at City Hall. Councilman Andre Williams apologized for his tardiness. He asked to have the "Order of Business"reconsidered because he wanted to pull some items from the Consent Agenda. Attorney Dickens said someone from the prevailing side would have to entertain a motion to have that section of the agenda reconsidered. There was no one from the prevailing side entertained a motion. F-2) Elderly Affairs Advisory Committee Quarterly Report Acquanetta Buggs, Vice Chair of the Elderly Affairs Advisory Committee appeared before the City Council to report that the Committee agreed to have two of its members to attend the various senior club meetings to gather input as well as possible concerns. The Elderly Affairs joined with the Ambassadors, traveling to the State Capital, March 2010, to participate in an Elderly Affairs event. Members of the Elderly Affairs Committee also attended the Commission for Women Woman's month event. The Committee is in the planning stage of its annual Health Fair. A concern raised at each meeting is the implementation of an Elderly Needs Assessment Survey. The Elderly Affairs members will be participating as volunteers in the Family Fall Festival and a Community Safety Forum. Ms. Buggs indicated there were concerns with regard to the transportation of senior citizens, more particular buses are not handicapped ready, and bus drivers are unable to communicate with the seniors; language barrier is a problem. Other concerns related to new rules at the parks for senior citizens as well as lack of lights for seniors to walk by, at Carol City Park. Mayor Gibson made reference to the communication problem with the bus driver and asked what the concern is. Ms. Buggs said it has been reported that the bus drivers only speaks Spanish, with no one to translate. On several occasions, there have been mix ups with the directions due to lack of communication. Councilman Bratton expressed concern with the fact that the buses are not ADA Compliance. Manager Crew said he was not at all familiar with these issues. Councilman Gilbert stated if the buses are not ADA Compliance that needs to be addressed, and if there is a language barrier that needs to be remedy as well. Regular City Council Minutes April 28, 2010 Page 2 Councilwoman Pritchett stated that the Council was told in the past, that all vehicles that service residents and children were ADA Compliance. Manager Crew said he did not know for a fact whether the vehicles were ADA Compliance and would have to find out. Councilwoman Watson for clarification purposes asked whether the transportation concern being discussed were city owned vehicles are were these vehicles the City contracted with. Manager Crew shared the transportation issued being discussed related to contracted vehicles. There are some city owned vehicles equipped with handicapped lifts. However, one would have to request that service. He said he was not sure of whether the contractor's vehicles were ADA Compliance and would check in to this matter. Councilwoman Pritchett placed emphasis on the importance of ensuring that those vendors providing transportation to Miami Gardens' residents are ADA Compliance. F-3) Reverend Adams,Mt. Zion A.M.E. Church Reverend Roderick Adams appeared before the City Council to extend appreciation to Mayor Gibson, as well as the City of Miami Gardens' Police Department and the City's Parks and Recreation and other City of Miami Gardens staff members for their support and participation during Church's Stand Against Violence Is Our Responsibility(SAVIOR) event. F-4) City Manager Dr. Danny O. Crew—Employee of the Month/5 Year Service Pin Manager Crew presented Five Year Service Pins to Christie Cross, and Mercedia Williams. Manager Crew acknowledged Rodney Best, Parks and Recreation Department as Employee of the Month for the month of March 2010. Councilman Gilbert commended Rodney Best for doing an excellent job with the mentoring program for young men. F-5) Javier Fernandez, Spase Designz/Spase Cadets Councilwoman Pritchett commented that at the last City Council meeting concerns were raised by members of the City Council about this sponsorship. She shared there are representatives from the Carol City Feeder Pattern are present at tonight's meeting who in support of this item, and would like an opportunity for comments. Ms. Jordan, a representative of Miami Carol City High School appeared before the City Council in support of Javier Fernandez and Space Designz/Spase Cadets. The students benefiting from this event are from the Carol City Feeder Pattern. Ms. McKinney, Assistant Principal of Carol City Senior High School appeared before the Regular City Council Minutes April 28, 2010 Page 3 City Council in support of this organization and its community activities. This event gives back to the students at Miami Carol City Senior High School and the Feeder Pattern, Mr. Jenkins, CEO of Spase Designz/Spase Cadets appeared before the City Council to address any concerns the Council members might have. He said Spase Designz, which was incorporated in 2003 is the marketing arm of the Spase Cadets Foundation, which is a non-for- profit. Councilman Gilbert stated that some of the concerns appear to be addressed in the amended budget provided at tonight's meeting. He question whether the budgeted amount for the 10 police officers for a total of$1,500 was received from the City. Mr. Jenkins said the budgeted amount is based on past events. Usually the off—duty officers for the City of Miami Gardens usually cost between $37 — $47 per hour. He said any cost that is not cover will be taken care of by the Foundation. Councilman Gilbert asked about the administrative cost. Mr. Jenkins said the administrative cost would be incurred by the Foundation as well as in-kind contributions. Vice Mayor Campbell shared he had asked to have this item reconsidered at the last City Council meeting. He said he had some questions and concerns however, because the sponsor of this item was not present nor was the requestor, he asked that the item be tabled until this meeting. He said he was impressed with this organization and the fact that its activities are geared toward youth. He shared that his concern was with the fact that this was a for-profit organization. Furthermore, most of the budgeted items presented at the last meeting related to items the City was not allowed to sponsor. He said the amendment budget provided tonight provides more details and addresses his concerns. Councilwoman Pritchett shared the Dr. Martin Luther King Jr. Unity in the Community, the Miss Miami Gardens Scholarship Pageant, Jazz in the Gardens Festival, the Memorial Day Community Breakfast, the Bid Whist Tournament, the World Care Golf Tournament, Art in the Gardens, Shakespeare in the Gardens, Carols of Festivals in the Gardens, and G.E.M.S, are all activities sponsored by several council members and approved by the Council based on recommendations of staff. These activities benefit the City of Miami Gardens and its residents. The Bid Whist tournament has even benefited several non-Miami Gardens residents. So, imagine how proud many Miami Gardens residents, the City stakeholders are to know that some of the children living in the City of Miami Gardens, many from the Carol City Feeder Pattern would receive back to school back packs while enjoying the 70' Annual All Star Basketball Jam in a brand new state of the art, Miami Carol City High School Gym. This event is co-sponsored by Miami-Dade County Public Schools, Comcast, and if the City Council approves, the City of Miami Gardens as well. Motion offered by Councilwoman Pritchett, seconded by Councilman Gilbert to provide a sponsorship of$5,000 to be allocated from the $100,000 allocated in the City Council's budget. Regular City Council Minutes April 28, 2010 Page 4 The funding will pay for all the items listed on page one of the amended budgets provided by this Foundation. A final report of the expenditures will be provided by the Foundation, to the City of Miami Gardens. At the conclusion of this discussion,this motion passed and carried by a 7-0 voice vote. F-6) City Manager Dr. Danny O. Crew—Designs for Proposed City Hall Complex Manager Crew introduced the City's Conceptual Architecture Team, whose job is to come up with a style, a direction for the New City Hall. What is known is that the City wants something that sets it apart. Something that is unique, makes a statement and is environmental responsible. Staff looked at buildings from all around the world. Ben Rhymes, a representative of URS appeared before the City Council to provide insight to the strategies used when designing a building for a particular municipality. Michael Office Manager for URS appeared before the City Council to express excitement about this opportunity. Manager Crew said one of the major priorities when designing this building is to make it environmentally friendly (PLATINUM LEED Building). At this point staff is not seeking any direction from Council. This presentation was to provide information. Within the next thirty days staff will come back with some specific conceptual designs for the Council to review. Councilman Williams inquired about the RFQ and its relationship to this process. Manager Crew said no matter who is hired from the RFQ, the City will have to tell them what it is that it wants. This process is independent of the RFQ. No architect has been hired for the project. Attorney Dickens further clarified that URS is a contractor for the City of Miami Gardens. They were selected to render a conceptual design for City Hall. Manager Crew further stated that the selected developer would be building a building to suit the City. One of the things the City would provide is a design of what the building is going to look like. Most times in a design to build situation the City would have about thirty percent (30%) of the design done. Councilwoman Pritchett for clarification purposes shared initially the Council was given conceptual drawings of what the City Hall complex would look like. She asked what is the difference in what was provided initially and what is being provided now. Manager Crew said the first thing done was a site plan study. Councilwoman Pritchett asked for clarification purposes about the initial process and having something ready by the end of 2010. Manager Crew said initially the 2010 deadline had to do with the financing of the project. Regular City Council Minutes April 28, 2010 Page 5 Councilman Gilbert asked for clarification purposes whether the Council needed to pick a style that would be adaptable to commercial uses. Manager Crew said this is correct. He explained this is why this discussion is taking place, so that when the RFQ is structured the developer will know in what direction they will have to go. A commercial use can be designed a civic use that is different but have a similar fit. The commercial downtown areas have a lot of different styles in their buildings however,they all blend together to create a theme. Mayor Gibson commented there is a place for the MIMO style here (New Miami Carol City Senior High School). She suggested having public workshops to get the public's input. (G) PUBLIC COMMENTS Sharon Frazier-Stephens, 145 NE 193`d Street, Miami, Florida, appeared before the City Council to thank the elected officials for their support during her tenure MDC Region Center 2 Coordinator. Retha Boone Fye, 18941 NW 7d' Court, Miami Gardens, Florida, appeared before the City Council as a representative of the Miami-Dade County Black Affairs Advisory Board to express support Item J-2. Janice Coakley, 19681 NW 33`d Avenue, Miami Gardens, Florida, appeared before the City Council to inquire as to whether the Commission for Women has a budget. If so, she wanted to know the amount of that budget in order for the "Commission" to plan and fund its projects. She further requested clarification on the financial report given at the last meeting with regard to 6.6 million dollars. She further questioned the criteria for appointment to certain committees more particular an agenda item on tonight's agenda is appointing a non-resident to a committee. This individual however does have a business within the City. Albert C. Thrower, 18510 NW 23`d Avenue, Miami Gardens, Florida, appeared before the City Council to explain his idea of reestablishing a project "A Bond Between Father And Son". Mayor Gibson thanked everyone for their comments. She announced the Mayor's 71' Annual State of the City Address is scheduled for Thursday, May 13, 2010, at 10:00 a.m., at Florida Memorial University, FIU Auditorium. (H) ORDINANCE(S) FOR FIRST READING: H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, PROVIDING FOR AN AMENDMENT TO SECTION 2.3(C), OF THE CHARTER OF THE CITY OF MIAMI GARDENS, TO DELETE THE REFERENCE TO "N.W. 20TH AVENUE" FROM THE EASTERN BOUNDARY DESCRIPTION FOR RESIDENTIAL AREA ONE; SUBMITTING THE QUESTION Regular City Council Minutes April 28, 2010 Page 6 FOR APPROVAL OF THE ELECTORATE OF THE CITY OF MIAMI GARDENS AT THE GENERAL ELECTION TO BE HELD IN AUGUST 2010; PROVIDING FOR THE CALL OF THE ELECTION ON THE ISSUE TO BE PRESENTED ON THE BALLOT; PROVIDING FOR AUTHORITY TO THE CITY ATTORNEY AND CITY CLERK; PROVIDING FOR REPRESENTATIONS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY VICE MAYOR AARON CAMPBELL JR.) Vice Mayor Campbell explained his rationale for sponsoring this ordinance by sharing that in his opinion it is a scrivener's error. He shared that his residential area Seat 1, boundaries end at 27th Avenue. However, for some reason the Charter has a small portion of his boundary ending at 20'h Avenue,which is in fact in Residential Area Seat 2. This is creating confusion for the voters. Motion offered by Vice Mayor Campbell, seconded by Councilman Gilbert to adopt this item on first reading. Councilman Gilbert asked when the Census numbers are received will the City have to redraft the boundaries. Manager Crew said every Census year that should be done. There being no other discussion, the motion to adopt this item on first reading passed and carried by a 7-0 vote. Councilman Bratton: Yes Vice Mayor Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Williams: Yes Mayor Gibson: Yes H-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING ORDINANCE NO. 2005-10-48, AS AMENDED, TO CREATE ARTICLE III ESTABLISHING DEBARMENT PROCEDURES; PROVIDING DEFINITIONS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Regular City Council Minutes April 28, 2010 Page 7 Attorney Dickens recounted, this item was previously before the Council for consideration. At that time there was some discussion with regard to the comparison between this item and that of Miami-Dade County. The Assistant Attorney has provided a memorandum detailing the differences between the two ordinances. This ordinance is different than the one previously provided. Language was provided under Section 27: Causes for Debartment as "if in the opinion of the City Manager or City Attorney that such offense will affect the contractor's ability to perform under the city's contract.". Language was also provided for in Section 31: Appeals Process to provide that a contractor is not in agreement with the City Manager's decision, that decision can be appealed to the City's Special Master , and from there they can go to the Circuit Court. Motion offered by Councilman Gilbert, seconded by Councilman Bratton to adopt this ordinance on first reading. Councilwoman Pritchett made reference to the time frame involved with mailing a copy of the decision to the person, which is the subject of debarment. Attorney Dickens in response to Councilwoman Pritchett's question said there is no time frame mentioned in the ordinance however once the City Manager makes the decision it is immediate. Councilwoman Pritchett shared the reason she had asked this question because a time frame was mentioned in Miami-Dade County's Ordinance. Attorney Dickens suggested adding the language "within 5 days". She further suggested including having the letter sent certified mail. Motion offered by Councilwoman Pritchett, seconded by Councilman Gilbert to amend Section 30: Decision to Debar by adding language to the last sentence that includes " A copy of the decision shall be mailed to the person, within five business days by certified mail , which is the subject of debarment. There being no further discussion on this amendment,the motion to adopt the amendment passed and carried by a 7-0 voice vote. Councilwoman Pritchett asked whether the deposit required was refundable. Attorney Dickens indicated that the deposit was refundable and would make that correction as a scrivener's error. Councilwoman Pritchett further asked whether the hearing before the Special Master should be identified as a Debarment Hearing. Attorney Dickens explained that the hearing would be noticed as a Debarment Hearing. Councilman Williams made reference to Section 2: Subsection 6, more particularly the Regular City Council Minutes April 28, 2010 Page 8 language "Debarment by another governmental entity for any cause listed in this Code...and asked why would another governmental entity be involved in this process. Attorney Dickens explained if there is a contractor doing specified work for the City of Miami Gardens and that contractor is also doing that same specified work for another municipality, and it discovered that that particular contractor has been convicted of a crime; this may be cause for concern with the City's contract. Councilman Williams asked about those instances where money has changed hands and the City might want to recoup those funds. He asked if that would be addressed in the debarment procedures or is there another process for that. Attorney Dickens said generally in a situation like that she would come before the Council and ask for the authority to file a lawsuit. Councilman Williams asked whether the Council needs to provide for that procedure in this debarment ordinance. Attorney Dickens suggested amending the ordinance to provide that nothing in the debarment procedure shall prohibit the City from initiating litigation or any other remedies by law. Motion offered by Councilman Williams, seconded by Councilwoman Pritchett to add the language "nothing in the debarment procedure shall prohibit the City from initiating litigation or any other remedies by law. There being no further discussion, this amendment passed and carried by a 7-0 voice vote. Councilwoman Pritchett made reference to Section 29: List of Debarred Contractors and asked whether this information would also be listed on line. Attorney Dickens in response to Councilwoman Pritchett's question said this is something the City Manager can do. Councilman Williams asked at what point would this debarment list be made available to the public. Attorney Dickens said this would be available after the appeals have been exhausted, and only for a temporary time period. Councilman Bratton asked who would be subject to the debarment, the company or individual. Attorney Dickens in response to Councilman Bratton said it could be either or both. The City will get a list of all the principals of a company. Regular City Council Minutes April 28, 2010 Page 9 There being no further discussion, the motion to adopt this item on first reading passed and carried by a 7-0 vote. Vice Mayor Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Williams: Yes Councilman Bratton: Yes Mayor Gibson: Yes (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) None (J-1) CONSENT AGENDA RESOLUTION NO. 2010-75-1257 J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPLY FOR A GRANT WITH THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES DIVISION OF FORESTRY AND TO TAKE ANY AND ALL STEPS NECESSARY TO ACCEPT GRANT FUNDS IN THE AMOUNT OF TEN THOUSAND DOLLARS ($10,000.00) TO SUPPORT THE CITY'S "URBAN TREE CANOPY PROGRAM;" PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2010-76-1258 J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THAT CERTAIN AGREEMENT WITH THE CHILDREN'S TRUST TO ACCEPT GRANT FUNDING IN THE AMOUNT OF FOUR HUNDRED TWENTY-ONE THOUSAND DOLLARS ($421,000.00) FOR THE MIAMI GARDENS/OPA-LOCKA VIOLENCE PREVENTION COALITION; AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH COMMUNITY GROUPS ENGAGED IN ACTIVITIES CONSISTENT WITH THE COALITION'S MISSION; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Regular City Council Minutes April 28, 2010 Page 10 RESOLUTION NO. 2010-77-1259 J-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK, TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT AND ADDENDUM WITH THE FLORIDA DEPARTMENT OF CORRECTIONS WORK SQUAD #WS599 FOR PUBLIC WORKS SERVICES IN THE AMOUNT OF FIFTY-SIX THOUSAND, FOUR HUNDRED AND SIXTY-SEVEN DOLLARS ($56,467.00); PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2010-78-1260 J-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK, TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT AND ADDENDUM WITH THE FLORIDA DEPARTMENT OF CORRECTIONS WORK SQUAD #WS518 FOR PUBLIC WORKS SERVICES IN THE AMOUNT OF FIFTY-SIX THOUSAND, FOUR HUNDRED AND SIXTY-SEVEN DOLLARS ($56,467.00); PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) i 5) A RESOLUTION OF THE CITY COUNCIL OF T-14 CITY OF vr- MIAMI GARDENS, FLORIDA, SUPPOR44NG GREEN CORRIDOR LEGISLATION; PROWDING FOR INSTRUCTIONS TO T-14E CITY CLERK; PROVIDING FOR T14E ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE TzATrL . (SPONSORED BY MAYOR S14IRLEY GIBSON) RESOLUTION NO.2010-79-1261 J-6) 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 CONCESSION AGREEMENT WITH NEW YORK ROMA PIZZA & CATERING, INC., DIVISION OF CONCESSION SERVICES AT CITY PARKS; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Regular City Council Minutes April 28, 2010 Page 11 RESOLUTION NO. 2010-80-1262 J-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING MAYOR SHIRLEY GIBSON'S APPOINTMENT OF BOB MORRISON TO FILL THE UNEXPIRED TERM OF BEAU PARRILLO ON THE MIAMI GARDENS CITIZEN'S ADVISORY COMMITTEE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY MAYOR SHIRLEY GIBSON) a-8TA RESOLUTION �T14E CiTY COUNCIL OF THE CiTV O MIAMI GARDENS, FLORIDA,Af mNAMI G TuE MIAMI GARDENS COMMUNITY CENTER RECREATION BUILDING f TO T14E "BETTV T FERGUSON RECRErTiON BUILDING;" PROVIDING FOR T14E ADOPT-!ON OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BV MAYOR RESOLUTION NO. 2010-81-1263 J-9) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RATIFYING COUNCILMAN MELVIN L. BRATTON'S APPOINTMENT OF MARGARET A. HALL TO FILL THE UNEXPIRED TERM OF ERICA P. MORRIS ON THE MIAMI GARDENS COMMISSION FOR WOMEN; PROVIDING FOR ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN MELVIN L. BRATTON) Motion offered by Councilman Bratton, seconded by Vice Mayor Campbell to adopt the Consent Agenda. This motion passed and carried by a 6-1 voice vote. Councilwoman Pritchett case the dissenting vote. (K-1) RESOLUTIONS K-1) A RESOLUTION OF T14E CiTY COUNCii OF T-14E CiTY OF MIAMI Alii C A RDENC F ORJD AUTHORIZING CITY - MANAGER A f Ai T �r !SSUE A REQUEST FOR NEGOTIATIONS RELATING TO T-14E CiTV OF MIAMI A f DEVELOPMENT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BV T14E QT-V MANAGED) RESOLUTION NO. 2010-82-1264 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Regular City Council Minutes April 28, 2010 Page 12 MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY TO UNDERTAKE A FORMAL PROCESS FOR THE SOLICITATION OF PROPOSALS RELATING TO THE CITY OF MIAMI GARDENS TOWN CENTER DEVELOPMENT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Manager Crew recounted the City Council several months prior gave instructions to negotiate an agreement with the developer who made the unsolicited proposal. Over that period of time they have come to an impasse. Staff has come to the conclusion that an RFQ should be issued. Under the Design Build statute proposals with solicited for a City Hall. The City owns three (3) parcels of land with the Town Center area (Spirit of Christ Church, Cornerstone Property and Wachovia Property). The proposal is opening up so that a proposed developer can link their property with any one of those three properties. The City's main goal is to develop a Town Center. Miami Gardens Town Center LLC has agreed, that if another developer wants to make a proposal utilizing their property, they will agree to sell the property they have the option on. Motion offered by Vice Mayor Campbell, seconded by Councilman Gilbert to adopt this item. Manager Crew stated the City's consultant is present in the event any of the Council members has any questions. Councilman Williams stated that he was glad to see this process being opened up to the competition and that there is transparency in the process. He said there are a lot of local developers/contractors that will become aware of this and submit proposals. He conveyed confidence that the City will have a lot of great proposals to choose from. He encouraged minority participation in this project. He said this is exciting and conveyed his hope that the city will be able to bring this project to closure. Councilman Williams stated he was aware of the concept about the Town Hall Center but hoped the guiding force is business in that area. He said the City would be entertaining a lot of different proposals. However, the City needs an economic engine in that area, something that would be pedestrian friendly. Councilwoman Pritchett said she did see where a funding source was required for this item. However, with all that has gone on from the beginning until now, how much money has been spent and in what time frame? Manager Crew said the city has not spent much money. There was a cost to the architect plans earlier. However, that is regardless, and would have had to be done no matter what. The only money that has been spent has been on the financial consultant and the attorney to work on the contractual agreement, which amounts to approximately $15,000 to $20,000. That comes from the City Hall account in the Capital Improvement budget. Regular City Council Minutes April 28, 2010 Page 13 Councilwoman Pritchett said what the Council is considering tonight is just the approval of a request for proposal/qualifications. Manager Crew in response to Councilwoman Pritchett's question said, "That is correct." Councilman Gilbert stated, as I see it, this is substantially different from what we approved previously. Previously the Council approved the City Manager to negotiate a project that included a city hall on property, which the city now owns, and the site, which is just south of that. This is now opening that process up to the Cornerstone property, which is northeast of it, and the church property, which is across the street. He stated that he did not know if the City should put its request for qualifications that broad. Meaning maybe it should be more defined. Everyone knows where they want City Hall built. He said he was not sure if he was in support of accepting a proposal that develops all of that property at once because we do not know how this is going to turn out. He said residential might be needed in this area to support the commercial. It is not known what is needed because there has never been anything of substance in that area. One of the issues with the negotiations is that the other developer wanted to use the forty acres that we are now making available. Manager Crew said staff is not saying the developer will have to do anything. First of all the developer would have to bring private property into it. The developer cannot do the entire proposal on city owned property. There are only two large parcels that might be feasible: 1) the Carol Mart parcel, which could come in, in conjunction with the site they are located on, and 2) the Home Depot Parcel, which could propose something in conjunction with the Cornerstone parcel. This is allowing the developers to use their imagination. If the City does not like it, it does not have to accept any proposal that comes in. Councilman Gilbert said he did not read this as making the developer bring in private property. Manager Crew said staff would definitely do that when the RFQ is released. Councilman Gilbert said based on the qualification in the resolution; it does not require that a developer bring in private property. There could conceivable be a plan to build a city hall on the forty acres. Attorney Dickens directed the Council's attention to the last whereas clause in the resolution. She said the second part of that sentence provides that all proposers have the ability gain ownership or retain ownership of other vacant parcels. Councilman Gilbert said if the city owns the forty acres and owns the Wachovia property, and a developer submits a proposal on the forty acres and the Wachovia property, they would have the potential of getting the property from the City. Manager Crew said the development would then not be bringing any property to the table. Regular City Council Minutes April 28, 2010 Page 14 Attorney Dickens offered alternative language to the resolution for clarification purposes, to exclude any property owned by the City. She said the RFQ would definitely require that a developer would have their own property that's not owned by the City. Councilman Gilbert further stated that a potential developer would probably ask for the zoning to be changed on the City's owned property. He reiterated that when the developers come with their proposals they are going to ask the City to change the zoning. He said the city is inviting that type of creativity/imagination, but in fact the City probably should not be doing that at this juncture. The City Manager has brought something that is broader than what we were doing before. What we were doing before was taking the Wachovia lot, and the lot directly south of that and creating a Town Center. This proposal is now a lot broader. Manager Crew said absolutely. If not, it would be superfluous. We want to be able to open this up for other competition. Councilman Gilbert stated as a practical matter if what we were doing is superfluous that means what was brought to the Council previously was a bad idea. Attorney Dickens stated that the Council will make the final decision, not staff. Whatever is received will come back to the Council. She conveyed understanding of Councilman Gilbert's concern that he did not want people coming back developing all of the City's owned property, and not bringing anything to the table. The Manager's concern is that if it is limited too much you do not know what you might be giving up, and will not know what somebody else might bring to the table. Carol Mart might come to the table. She reiterated understanding that the developer has to bring in some property that is not owned by the city. She asked what other limitations would the Council like to see. Mayor Gibson said she wanted to be very clear on the direction this RFQ when going out. The city's main investment at this particular time is to build a city hall and a police station; that is the city's main focus. She said she wanted to make sure that when the RFQ goes out; that it goes out in such a manner that it can be a proposal that comes back for a City Hall and a Town Center. She concurred with comments made by Councilman Gilbert, about not having people come in with such grandiose ideas that everything is tied up in that and it doesn't work. It doesn't happen. A City Hall and a police station can be the catalyst for other development to happen in that corridor. It does not mean that it will not. If the right kind of facility is built it will bring such added value. She said she did not want people to look at the city's land and craft it into a deal. She further concurred with Councilman Gilbert's statement about the potential developer requesting that the City change the zoning on the property. The Cornerstone property is primarily residential. Currently, the market does not support residential therefore, there is no developer that will come in and propose a residential development. She reiterated that she did not want to put the RFQ out there like that. Attorney Dickens suggested an amendment to the last whereas clause to read "that the solicitations would be broad enough to include proposals that are inclusive of a proposed city hall site (Wachovia), and also would require that all proposers have either the ability to gain Regular City Council Minutes April 28, 2010 Page 15 ownership or have current ownership of other vat parcels within the designated Town Center area that are not currently owned by the City." Motion offered by Councilman Gilbert, seconded by Vice Mayor Campbell to amend the last whereas clause of the resolution with the proposed language offered by the City Attorney. Councilwoman Watson for clarification purposes said this provides that a proposal would conceivable have to purchase property owned by somebody else. Attorney Dickens said what she is proposing provides for a potential developer to have an opportunity to purchase property they may not currently own. Councilman Williams for clarification purposes stated this sounds like this will be limited to a pool of people who would try to satisfy that requirement. Attorney Dickens in response to Councilman Williams' comments said that is true. Councilwoman Williams said and that would be the people who came before the Council with the unsolicited bid. Manager Crew said whoever owns that Home Depot property would have enough property to make a proposal. There are really only three parcels in the area: 1) the Carol Mart Property is large enough to make a joint proposal; 2) Home Depot; and 3) the property, which was brought in by the original proposal. Those developers have offered to transfer that property to another developer, if that developer makes a better proposal then theirs. Councilman Williams said he was still processing this and wanted to review the facts. The City received an unsolicited proposal to develop this property, last summer. The city entered into negotiations with those individuals and now for whatever reason they are not able to come up with a deal,the city is now opening up the process. He stated that he just wanted to feel comfortable that the process is still not set up and that the city is operating on the same principles as before under the guise as open competition. Manager Crew said the original proposers have a pretty good proposal, which they will be submitting. Somebody will have to beat that to make a difference. Councilman Williams stated he was uncomfortable with that because there should be a level playing field. Manager Crew said he did not how one would be put out there like that at this point in time. He said that is why the provision that a developer would have to come in with their own property was included so that there would be a level playing field. Councilman Gilbert asked Attorney Dickens to remove the word "vacant" from the proposed language amending the last whereas clause. He opined as a practical matter the current proposer might be at a disadvantage in a way because people will be able to see that proposal. Regular City Council Minutes April 28, 2010 Page 16 Mayor Gibson said as it relates to the city hall and police station, the City can develop that itself. She said she wanted it to be clear, as we go forth that that is our main goal. Everything else is added value. She said if someone wanted to come in and build a city hall and police station,this would not allow that to take place. Attorney Dickens said the Council also did not have to accept any of the proposals submitted. She shared that the City already has an architectural and engineering firm on staff that could get someone to draw a building and do the construction part only. Mayor Gibson expressed concern that if the RFQ process is initiated and proposals are submitted, and none of liked by the Council, the city is back at square one. She said she was concerned with the time frame involved with this process. Manager Crew said it could take about three weeks to put together a RFQ. The process could take sixty days. Attorney Dickens said there is no longer a time frame issue involved. Manager Crew said if the Council did not like any of the proposals submitted, and directs staff to have an architect to design a City Hall, he can do that at the very next meeting. Councilman Gilbert expressed concern that the proposals received might be so dissimilar that there might not be anything to compare. Attorney Dickens stated what is in the resolution will not be a part of the solicitation document. The solicitation document will be very specific as to what the requirements are. There being no further discussion on the amendment, the motion passed and carried by a 5-1 voice vote, with Councilwoman Watson casting the dissenting vote. The amendment is as follows: "that the solicitations would be broad enough to include proposals that are inclusive of a proposed city hall site (Wachovia), and would require that all proposers have either the ability to gain ownership or have current ownership of other vaeaa4 parcels within the designated Town Center area that does not include any property currently owned by the City." Councilwoman Pritchett said she did not render a vote because she is still digesting this issue. She said if all that the Council is doing is requesting for proposals, which is gathering information from potential developers, that's all. Attorney Dickens explained that Councilman Gilbert proposed an amendment because the resolution was kind broad enough to have people coming in and amassing all of the City's property, and not necessarily bringing any of their own to the proposal. Councilman Gilbert wanted to clarify that to include that the potential developer would have to own some other property or the ability to get the other property and that it would still be inclusive our the Town Hall Center. Regular City Council Minutes April 28, 2010 Page 17 Councilwoman Pritchett asked,that still protects the City. Attorney Dickens said the Council has the right to reject whatever proposals received. Councilwoman Pritchett cast a "yes" vote for the amendment. Therefore, the vote to the amendment was by a 6-1 voice vote, with Councilwoman Watson casting the dissenting vote. Councilman Williams stated that he had mentioned in the very beginning how he wanted to encourage minority participation in the process. He reiterated that is very important. He further conveyed understanding that staff would put together the details of the RFQ. He asked if the RFQ could provide for MBE (Minority Business Enterprise) could be a part of this proposal. Attorney Dickens said that can be added under other considerations when the proposal is done. The city could only do it to the extent by law, but it can be mentioned. Staff will have to figure out creatively how to do that. Manager Crew said he would provide Councilman Williams with the final document. There being no further discussion, the resolution as a whole, passed and carried by a 7-0 voice vote. (M) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK M-1) City Manager's Monthly Report Manager Crew reported on the new State Law on Red Light Cameras. Currently, the Red Light Citation is $125.00, out of that amount the City receives $85.00. The new State Law will raise that fee on City or County owned roads to $158.00, of which the City will only receive $75.00, and will have to pay ATS (contractor) $40.00 of that amount. On those state roads, the City will receive $45.00 of which the City will have to pay ATS $40.00, leaving the City with a $5.00 profit. The City is in the process of rethinking this entire matter. Councilman Gilbert asked about the administrative cost for the Special Master and staff time. Manager Crew said there is administrative cost involved with the Red Light Camera Hearings but a large portion of the tickets are not scheduled before the Special Master. Vice Mayor Campbell asked about the cameras that have already been installed. Attorney Dickens in response to Vice Mayor Campbell's inquiry shared that the City is grandfathered for the cameras already installed, up to July 1 sc Vice Mayor Campbell inquired about the State of Florida's enforcement of Red-Light Cameras installed on private property. Regular City Council Minutes April 28, 2010 Page 18 Attorney Dickens said the state law only gives municipalities the premiers to run the program. How the City gets to use the private property is through its own ordinances. The State hasn't prevented the City from using private property. The state however, outlines how much the City can collect on the state roads. The statute does not prohibit municipalities from establishing and collecting administrative fees. Manager Crew reported on the CITT matter and shared staff has been meeting with Miami-Dade County officials and other municipalities regarding the twenty (20) percent sales tax, which the City of Miami Gardens does not received. Miami-Dade County is trying to come up with a way to pay the City of Miami Gardens its fare share without hurting the other cities. Monica Barnes, Assistant City Attorney appeared before the City Council to provide a report on the new Sexual Predator's residential requirement ordinance adopted by Miami-Dade County. She explained Miami-Dade County's ordinance preempted the City of Miami Gardens' and other municipalities' ordinance as it relates to residential requirements for sexual predators. Miami-Dade County adopted Florida State Statutes, which requires a 1,000 foot buffer. Miami- Dade County also established a Child Safety Zone, which prohibits sexual predators for loitering or prowling within 300 feet of school bus stops, parks, kids' facilities, and other places where children gather. The County's ordinance requires police officers to stop any known sexual predator and ask why they are in a Child Safety Zone. Municipalities are also required to post signage in the parks alerting sexual predators that they are not allowed in the parks unless they are accompanying their children. Renters are not allowed to rent to sexual predators if the property is located within 1,000 feet from a school. (N) REPORTS OF MAYOR AND COUNCIL MEMBERS Councilwoman Pritchett congratulated Miami Norland Senior High School Chorus, which was invited and featured at the Lou Rawls Theater of Performing Arts this past weekend. There were only two schools selected to be a part of this event. She further shared that during the NSP presentation back in February 2010 she had asked how many census tracks were in the City of Miami Gardens. At that time the number was not known. She said she was told at that time that someone would provide the information. As of this date, she still has not received that information. She asked Manager Crew if he would ensure that this information is provided. Councilwoman Watson invited everyone out to an event being held on Saturday, May 1St at Miami Carol City Senior High School. The event is being held in conjunction with the Miami Gardens Junior Council members as well as the Norland and Carol City Feeder Patterns. The event spotlights efforts to deter violence in the community. The event will start at 1:00 — 4:00 p.m. There will be plenty of activities for youth as well as door prizes. Mayor Gibson thanked everyone and staff for their participation at the Relay for Life event. (0) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC There was none. Regular City Council Minutes April 28, 2010 Page 19 (P) ADJOURNMENT There being no further business to come before this Body, and upon a motion being duly made by Councilman Bratton, the meeting adjourned at •50 p.m. Attest: Shirle on, ayor R netta Taylor, MM City Clerk Regular City Council Minutes April 28, 2010 Page 20