Loading...
January 28, 2009CITY OF MIAMI GARDENS CITY COUNCIL MEETING AGENDA (A) CALL TO ORDER/ROLL CALL The City Council of the City of Miami Gardens, Florida, met in regular session on Wednesday, January 28, 2009, beginning at 7:21 p.m., in the City Council Chambers, 1515 NW 167th Street, Building 5, Suite 200, Miami Gardens, Florida. The following members of the City Council were present: Mayor Shirley Gibson, Vice Mayor Barbara Watson and Council members Aaron Campbell Jr., Melvin L. Bratton, Andre Williams, Sharon Pritchett and Oliver G. Gilbert. Also present were: City Manager Dr. Danny O. Crew, City Attorney Sonja K. Dickens, Esquire and City Clerk Ronetta Taylor. (B) INVOCATION Dr. Lester Brown delivered the Invocation. (C) PLEDGE OF ALLEGIANCE Recited in unison. (D) APPROVAL OF MINUTES D-1) Regular City Council Minutes -January 14, 20Q9 Motion offered by Vice Mayor Watson, 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) Motion offered by Councilman Gilbert, seconded by Vice Mayor Watson to approve the Official agenda. This motion passed and carried by a 7-0 voice vote. (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Quarterly Report -Commission For Women Carolyn Nelson-Goedert, Chair of the Commission For Women appeared before the City Council to provide the Committee's quarterly report. She reported that the City of Miami Gardens Commission For Women has membership with the State of Florida. She shared the Committee selected and sponsored a family during the Christmas Holidays. Members provided food and toys, which were distributed to the family during the December meeting. She further reported there are two state level conferences the Committee members are interested in attending. In addition, the Committee will be submitting a request for funding in the amount of $5,000 for the Council's consideration during the FY 2009/2010 Budget Process. The Committee members also volunteered during the MLK Event, held January 19, 2009. The Commission For Women meets every third Wednesday of the month, in the small conference Regular City Council Minutes January 28, 2009 Page 1 room at City Hall. F-2) Per Scholas - Nadine M. Dairymple, Director of Operations and David Williams Jr., Community Activist David Williams Jr., and Nadine M. Dairymple appeared before the City Council to showcase the Per Scholas organization, which main focus is to provide computers and computer training for the underprivileged. Councilwoman Sharon Pritchett expounded on this community based organization and the benefits residents have received from the services provided. A computer was presented to Devar Francois the Scott Lake Elementary School Student, and nationally known Chess Champion. F-3) City's Comprehensive Annual Financial Report Year ending September 30, ZOOS by External Auditor Rodney Harvey, the City's Auditor presented a PowerPoint Presentation on the City's Comprehensive Annual Financial Report Year ending September 30, 2008. Based on the information provided by City Staff, Mr. Harvey presented the Financial Highlights for the City of Miami Gardens for FY 2007/08. He said the assets of the City exceeded its liabilities at the close of FY 2008 by approximately $321.1 million (net assets) of that amount approximately 23.4 (unrestricted net assets) may be used to meet the ongoing obligations to citizens and creditors. The City's total net assets decreased by $1,671.222 from $313,741,008 in FY 2007 to $312,069m786 in FY 2008. The decrease mainly attributed to current year operations. The General fund balance decreased by $400,700 for the year ended September 30, 2008; this decreased was a result of current year operations. At the end of the current year, unreserved fund balance for the General Fund was $8.8 million, orlb% of total general fund expenditures, and an increase of approximately $700,000 over the FY 2007 unreserved fund valance of $8.1 million. The City's total debt increased by $3.46 million or 6.95% (net of principal payments on existing debt). It was found that the City was in compliance with auditing and financial reporting standards. Councilwoman Pritchett made reference to the conditions outlined in the report. Mr. Harvey explained the conditions noted related to personnel reporting issues with employees' employment files. This matter is being worked out between the HR Department and the Finance Department. F-4) December 2008 Budget Status Report William Alonso, Finance Director for the City of Miami Gardens appeared before the City Council to expound on the December 2008 Budget Status Report. He pointed out that staff's response to the Auditor's conditions was also attached. (G) PUBLIC COMMENTS Donavan Cherry, 3737 NW 188th Street, Miami Gardens, Florida, a representative of Carol City Middle School, appeared before the City Council to solicit support for the Youth Crime Watch Walk. Fred Douglas, 17620 NW 27t" Court, Miami Gardens, Florida, appeared before the City Regular City Council Minutes January 28, 2009 Page 2 Council to express concern with the City's police department and lack of response when his home was burglarized. He related an incident where his wife had returned home and discovered the house had been burglarized. She contacted the Miami Gardens Police Department upon discovering the burglary. He opined after the police dispatch ascertained there was no immediate threat, the call was dropped/not priority. He said they had to wait several hours before a police officer responded to their residence. Deputy Chief Miller appeared before the City Council to expound on this matter and stated that this situation would be investigated to determine whether there was a breakdown in communication. Rico Burgess, Miami Gardens Express Track Club, 15820 NW 28th Place, Miami Gardens, Florida, appeared before the City Council to solicit support of a partnership between the City of Miami Gardens Parks and Recreation Department and the Miami Gardens Express Track Club for a Track and Field Youth Program. Janice Coakley, 19681 NW 33`d Avenue, Miami Gardens, Florida, appeared before the City Council to express concern with the lack of support from Wa1Mart and Publix. Both establishments will not permit Girl Scout Troops to sell cookies in front of their establishment, even though this practice is done in other locations throughout Miami-Dade and Broward Counties. Susan Newbold, 1053 NE 210 Terrace, Miami, Florida, appeared before the Council to express the same concerns raised by Ms. Coakley. April Jones, 17120 NW 11th Avenue, Miami Gardens, Florida, appeared before the City Council to echo the concerns raised by Ms. Coakley and Ms. Newbold. Mayor Gibson asked to be provided with contact information of those individuals the Girl Scout Troop representatives had spoken with. She said she would do a follow up. Rosetta Rolle Hylton, a representative of the City of Miami Gardens Citizens Advisory Committee appeared before the City Council to submit a letter from Chairperson Smith as it related to the required Committee Quarterly report. A copy of that letter is attached hereto as Exhibit "A", and made a part of the official record. She further expressed concern with the caliber, quality and qualified employees working at the Wa1Mart stores in Miami Gardens. Benjamin E. Essien, 4715 NW 157th Street, Miami Gardens, Florida, appeared before the City Council to express his views about the employees of both WalMart stores in Miami Gardens. He urged everyone to not put African Americans down. Students from Barry University School of Nursing, 11300 NE 2"d Avenue, Miami Shores, Florida, appeared before the City Council to inform the Council of a health care project they were working on in the City of Miami Gardens. Dr. Lester Brown, 18801 NW 29th Court, Miami Gardens, Florida, appeared before the Regular City Council Minutes January 28, 2009 Page 3 Council to express his views about democracy in government. He further encouraged residents to take an interest in their youth. He also commented the City Council, staff and especially the Miami Gardens Police Department for doing an excellent job. Stevens Rois, 1081 NW 196th Terrace, Miami Gardens, Florida, appeared before the City Council to express his views about the City's development. He further conveyed interest in serving the City in a voluntary capacity. (H) ORDINANCE(S) FOR FIRST READING None (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) ORDINANCE N0.2009-04-176 I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING AN ORDINANCE ENTITLED "CERTIFICATE OF RE-OCCUPANCY"; PROVIDING FOR AN APPLICATION PROCESS; PROVIDING FOR REGULATIONS; PROVIDING FOR PENALTIES; PROVIDING FOR AN AMNESTY PERIOD; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN ANDRE WILLIAMS) (1St Reading -January 14, 2009) Mayor Gibson opened the floor for this public hearing. Benjamin S. Essien, 4715 NW 157t" Street, Miami Gardens, Florida, appeared before the Ciry Council to express his views about this item. He explained this legislation was not needed because there were laws already in place to protect the property owner. Hugh Dodd, 17125 NW 19th Avenue, Miami Gardens, Florida, appeared before the City Council in opposition to this the adoption of this item. After there were no other interested parties to speak on behalf of this item, the public hearing was closed. Councilman Williams explained this item will protect potential homeowners from purchasing a property with existing violations. Motion offered by Councilman Williams, seconded by Vice Mayor Watson to adopt this ordinance. At the conclusion of the discussion, the motion to adopt passed and carried by a 5-2 vote. Councilman Bratton: No Regular City Council Minutes January 28, 2009 Page 4 Councilman Campbell: Yes Councilman Gilbert: No Councilwoman Pritchett: Yes Vice Mayor Watson: Yes Councilman Williams: Yes Mayor Gibson: Yes ORDINANCE N0.2009-OS-177 I-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE BORROWING OF TWO MILLION DOLLARS ($2,000,000); AUTHORIZING THE ISSUANCE OF CITY OF MIAMI GARDENS, FLORIDA EQUIPMENT ACQUISITION REVENUE BONDS NOT TO EXCEED TWO MILLION DOLLARS ($2,000,000); PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID BONDS; 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 -January 14, 2009) Mayor Gibson opened the floor for the public hearing on this item. After there were no interested parties to speak on this item, the public hearing was closed. Manager Crew explained as part of Fiscal Year 09's budget, it was indicated the City would be buying certain major capital equipment for various City Departments including Stormwater, Police, Public Works and Parks. This bond issue would provide the necessary funding. It is a five-year issue; funds to repay are included in the operating budget of each department that will get the new vehicles. Motion offered by Councilman Williams, seconded by Vice Mayor Watson to adopt this ordinance. At the conclusion of this discussion, the motion to adopt passed and carried by a 7-0 vote. Councilman Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Yes Vice Mayor Watson: Yes Councilman Williams: Yes Councilman Bratton: Yes Mayor Gibson: Yes ORDINANCE N0.2009-06-178 I-3) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE Regular City Council Minutes January 28, 2009 Page 5 BORROWING OF SEVEN MILLION THREE HUNDRED THOUSAND DOLLARS 07,300,000); AUTHORIZING THE ISSUANCE OF CITY OF MIAMI GARDENS, FLORIDA TAXABLE LAND ACQUISITION REVENUE BONDS NOT TO EXCEED SEVEN MILLION THREE HUNDRED THOUSAND DOLLARS ($7,300,000); PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID BONDS; 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 -January 14, 2009) Mayor Gibson opened the floor for the public hearing. After there were no interested parties to speak on this item, the public hearing closed. Manager Crew said the memorandum attached as backup should be removed because it has nothing to do with this item. He further explained the City will purchase the 15 acre property currently owned by Warren Henry. Motion offered by Councilman Campbell, seconded by Vice Mayor Watson to adopt this ordinance. Councilwoman Pritchett indicated that she was not comfortable with voting for this item during these tough economic times. At the conclusion of this discussion, the motion to adopt passed and carried by a 6-1 vote. Councilman Gilbert: Yes Councilwoman Pritchett: No Vice Mayor Watson: Yes Councilman Williams: Yes Councilman Bratton: Yes Councilman Campbell: Yes Mayor Gibson: Yes ORDINANCE N0.2009-07-179 I-4) AN ORDINANCE ADOPTING A MORATORIUM ON THE PROCESSING OF DEVELOPMENT ORDERS FOR MULTIFAMILY USES IN ALL ZONING DISTRICTS, INCLUDING BUT NOT LIMITED TO SITE PLANS, DEVELOPMENT APPLICATIONS, ZONING PERMITS AND ANY RELATED ACTIONS AND/OR APPROVALS FOR SUCH USES; PROVIDING FOR A TERM; PROVIDING FOR EXCEPTIONS; PROVIDING FOR A STUDY(S): PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN Regular City Council Minutes January 28, 2009 Page 6 CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (lsc Reading -January 14, 2009) Mayor Gibson opened the floor for this item. After there were no interested parties to speak on this item, the public hearing closed. Attorney Dickens explained the relevant issues involved with this moratorium. Motion offered by Vice Mayor Watson, seconded by Councilman Campbell to adopt this ordnance to adopt this ordinance. Motion offered by Vice Mayor Watson, seconded by Councilman Campbell to amend the Ordinance to provide that the moratorium will not affect those properties with this current zoning. There being no further discussion on the amendment, the motion passed and carried by a 7-0 voice vote. There being no further discussion on the ordinance as a whole, the motion to adopt passed and carried by a 7-0 vote. Councilwoman Pritchett: Yes Vice Mayor Watson: Yes Councilman Williams: Yes Councilman Bratton: Yes Councilman Campbell: Yes Councilman Gilbert: Yes Mayor Gibson: Yes (~ CONSENT AGENDA RESOLUTION N0.2009-13-958 J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ACCEPTING THE FISCAL YEAR 2007/2008 ANNUAL AUDIT REPORT PREPARED BY THE CITY'S AUDITORS, HARVEY, COVINGTON AND THOMAS LLC; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION N0.2009-14-959 J-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A NON- Regular City Council Minutes January 28, 2009 Page 7 EXCLUSIVE CONTINUING CONTRACT WITH CPZ ARCHITECTS, INC., FOR ARCHITECTURAL SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION N0.2009-15-960 J-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A NON- EXCLUSIVE CONTINUING CONTRACT WITH SPILLIS CANDELA DMJM, FOR ARCHITECTURAL SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION N0.2009-16-961 J-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A NON- EXCLUSIVE CONTINUING CONTRACT WITH URS CORPORATION SOUTHERN FOR ARCHITECTURAL SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION N0.2009-17-962 J-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A NON- EXCLUSIVE CONTINUING CONTRACT WITH CORZO CASTELLA CARBALLO THOMPSON SALMAN, PA (C3TS), FOR ARCHITECTURAL SERVICES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION N0.2009-18-963 J-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS ON AN AS-NEEDED BASIS, TO AIR B SCHOOL BUS TRANSPORTATION, INC., FOR THE PROVISION OF TRANSPORTATION SERVICES RELATING TO THE CITY'S PARKS AND RECREATION DEPARTMENT, IN AN AMOUNT NOT TO EXCEED THE ANNUAL BUDGETED AMOUNT OF $140,000.00; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Regular City Council Minutes January 28, 2009 Page 8 RESOLUTION N0.2009-19-964 J-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THAT CERTAIN CONTRACT NO. 826-594 BETWEEN THE CHILDREN'S TRUST AND THE CITY OF MIAMI GARDENS RELATING TO A GRANT IN THE AMOUNT OF SEVENTY-FIVE THOUSAND DOLLARS ($75,000.00), A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION N0.2009-20-965 J-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO RESCIND A PRIOR AGREEMENT WITH FLORIDA POWER & LIGHT FOR THE INSTALLATION OF UNDERGROUND FACILITIES AT THE MIAMI GARDENS COMMUNITY CENTER AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, THE NEW AGREEMENT WITH FLORIDA POWER & LIGHT FOR THIS PURPOSE, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION N0.2009-21-966 J-9) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONFIRMING VICE MAYOR BARBARA WATSON'S APPOINTMENT OF ALVIN L SMITH TO THE PARKS AND RECREATION ADVISORY COMMITTEE FOR A ONE- YEAR TERM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY VICE MAYOR BARBARA WATSON) RESOLUTION N0.2009-22-967 J-10) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE CITY'S ANNUAL ACTION PLAN FOR PROGRAM YEAR 2 TO DESIGNATE THE BUNCHE PARK AREA AS A NEIGHBORHOOD REVITALIZATION STRATEGY AREA (NRSA) AND TO REALLOCATE $107,641.09 IN RECAPTURED Regular City Council Minutes January 28, 2009 Page 9 FUNDS FROM PUBLIC SERVICES PROGRAMS TO THE BUNCHE PARK NRSA HOUSING REHABILITATION PROGRAM; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION N0.2009-23-968 J-11) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, IMPLEMENTING THE MIAMI GARDENS "GET FIT" INITIATIVE FOR CITY RESIDENTS AND STAFF; PROVIDING FOR INSTRUCTIONS TO THE CITY MANAGER; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. SPONSORED BY COUNCILMAN OLIVER G. GILBERT III) Motion offered by Vice Mayor Watson, seconded by Councilman Gilbert to adopt the Consent Agenda. This motion passed and carried by a 7-0 voice vote. (K) RESOLUTION(S) RESOLUTION N0.2009-24-969 K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE ISSUANCE OF EQUIPMENT ACQUISITION REVENUE BONDS IN THE AG- GREGATE PRINCIPAL AMOUNT OF TWO MILLION DOLLARS ($2,000,000) FOR THE PURPOSE OF FINANCING OR REIMBURSING A PORTION OF THE COSTS OF PURCHASING VEHICLES, EQUIPMENT AND MACHINERY FOR VARIOUS CITY DEPARTMENTS, AND PAYING COSTS OF ISSUANCE OF THE BONDS; AWARDING THE SALE OF THE BONDS TO WACHOVIA BANK, NATIONAL ASSOCIATION; PROVIDING FOR SECURITY FOR THE BONDS; CONTAINING OTHER PROVISIONS RELATING TO THE BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Manager Crew explained this is to purchase the equipment for the various city departments, as outlined in FY 08/09 budget. Motion offered by Councilman Gilbert, seconded by Councilman Campbell to adopt this resolution. Councilwoman Pritchett requested that a list of all items listed in the adopted budget Regular City Council Minutes January 28, 2009 Page 10 identified to be purchased out of these funds be placed with the resolution for record purposes. There being no further discussion, the motion to adopt passed and carried by a 7-0 voice vote. RESOLUTION N0.2009-25-970 K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE ISSUANCE OF TAXABLE LAND ACQUISITION REVENUE BONDS IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT EXCEEDING SEVEN MILLION THREE HUNDRED THOUSAND DOLLARS ($7,300,000) FOR THE PURPOSE OF FINANCING THE COSTS OF PURCHASING CERTAIN PROPERTY DESCRIBED ON EXHIBIT "C" ATTACHED HERETO, AND PAYING COSTS OF ISSUANCE OF THE BONDS; AWARDING THE SALE OF THE BONDS TO WACHOVIA BANK, NATIONAL ASSOCIATION; PROVIDING FOR A WAIVER OF THE COMPETITIVE REQUIREMENTS OF THE CITY'S PURCHASING ORDINANCE; PROVIDING FOR SECURITY FOR THE BONDS; CONTAINING OTHER PROVISIONS RELATING TO THE BONDS; MAKING CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; APPROVING AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT OF SALE AND PURCHASE; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Manager Crew recounted during the December 10, 2008 City Council meeting, staff advised the Council of the problem Warren Henry was having with financing, associated with the Warren Henry property. At that meeting Council directed staff to proceed with obtaining various financing sources on an expedited manner. Due the time restraints staff was working under, staff did not require a formal "RFP" process and subsequent evaluations and recommendations. Staff contacted three major institutions in South Florida in order to obtain their proposals for this financing project. Wachovia Bank, Suntrust Bank and TD Bank/Commercialbank were contacted. Manager Crew stated the City received only one firm proposal from Wachovia Bank, the other two banks did not express an interest in participating in this transaction. Staff is requesting Council waive the formal bid process and approve the commitment letter provided by Wachovia Bank for this financing arrangement. Motion offered by Councilman Campbell, seconded by Vice Mayor Watson to adopt this resolution. Regular City Council Minutes January 28, 2009 Page 11 At the conclusion of this discussion, the motion to adopt passed and carried by a 6-1 voice vote. Councilwoman Pritchett case the dissenting vote. RESOLUTION N0.2009-26-971 K-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, EXERCISING AN OPTION TO PURCHASE THAT CERTAIN REAL PROPERTY DESCRIBED IN THE OPTION AGREEMENT ATTACHED HERETO AS EXHIBIT "A" IN THE AMOUNT OF THREE MILLION, EIGHT HUNDRED THOUSAND DOLLARS ($3,800,000.00); AUTHORIZING THE USE OF PROCEEDS FROM THE CAPITAL PROJECTS FUND FOR THE PURCHASE; AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE ALL STEPS NECESSARY TO EFFECTUATE THE PURCHASE OF THE PROPERTY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Manager Crew explained several years ago, the owner of a tract of land in this area approached the City about the possibility of purchasing their property. At the time, the asking price was beyond the City's ability to meet (approximately $8 Million Dollars); however, with the current economic situation, the City was approached with a new asking price ($3.8 million). The property is located immediately west and north of the corner of NW 27t" Avenue and 183`d Street. It is located within the Town Center Zoning area. The property offers the City an unparalleled opportunity to control the future of this large parcel, insuring that appropriate development will take place on the site. Motion offered by Councilman Gilbert, seconded by Vice Mayor Watson to adopt this item. Councilwoman Pritchett commended Manager Crew for putting together an excellent package of information on this item. There being no further discussion, the motion to adopt passed and carried by a 7-0 voice vote. RESOLUTION N0.2009-27-972 K-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, IMPLEMENTING SECTION 2.1 OF THE CITY'S CHARTER PROHIBITING ANY COUNCIL MEMBER, OTHER THAN THE MAYOR OR THE VICE MAYOR IN THE MAYOR'S ABSENCE, FROM ATTEMPTING TO REPRESENT THE CITY IN ANY DEALINGS OTHER GOVERNMENTAL ENTITIES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY VICE MAYOR WATSON) Regular City Council Minutes January 28, 2009 Page 12 Vice Mayor Watson shared her rationale for sponsoring this item, more particularly for clarification purposes as it relates to the Charter's and the Mayor's role as the representative of the City Council. She said there have been members of this Council, other than the Mayor or Vice Mayor in her absence, writing letters to the various governmental entities on the Council's behalf. She said this resolution is to reinforce those applicable provisions of the Charter so that Council members are aware. Motion offered by Vice Mayor Watson, seconded by Councilman Gilbert to adopt this item. Councilman Campbell questioned how could this have happened when the Charter outlines the process. Councilman Williams opined this resolution was placed on the agenda as a result of the letter he wrote to President Elect Obama and other members of Congress. He clarified that he did not write the letter as a representative of the Council. Councilman Gilbert opined, if Councilman Williams did not write the letter as a representative of the Council then he did not violate the Charter. At the conclusion of this discussion, the motion to approve this item, passed and carried by a 6-1 voice vote. Councilman Campbell cast the dissenting vote. (L) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK L-1) City Manager's Monthly Report (M) REPORTS OF MAYOR AND COUNCIL MEMBERS (N) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC (O) 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 10:43 p.m. Attest: ~~ r% r~~.~.,-cam ~c° `Ronetta Taylor, MMC; pity Clerk Shirl so ,Mayor Regular City Council Minutes January 28, 2009 Page 13