HomeMy WebLinkAbout07.12.2017 - City Council MinutesCITY OF MIAMI GARDENS
REGULAR CITY COUNCIL MINUTES
JULY 129 2017
(A) CALL TO ORDER/ROLL CALL
The City Council for the City of Miami Gardens, Florida, met in regular session,
Wednesday, July 12, 2017, beginning at 7:00 PM, in the City Council Chambers, 18605 NW 27h
Avenue, Miami Gardens, Florida.
The following members of the City Council were present: Mayor Oliver Gilbert, Vice
Mayor Erhabor Ighodaro and Council Member Lillie Q. Odom, Lisa c. Davis, Rodney Harris,
Felicia Robinson and David Williams Jr.
Also in attendance were: City Manager Cameron D. Benson, City Attorney Sonja K.
Dickens and City Clerk Ronetta Taylor.
(B) INVOCATION
Delivered by Mayor Gilbert
(C) PLEDGE OF ALLEGIANCE
Recited in unison
(D) APPROVAL OF MINUTES
D-1) Regular City Council Minutes —June 28, 2017
Motion offered by Vice Mayor Ighodaro, seconded by Councilwoman Davis to adopt the
minutes, with necessary corrections, if any.
There being no discussion, the motion to adopt passed and carried by a unanimous vote
of the City Council members present.
(E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time)
Councilwoman Odom added a presentation as Item F-2.
The following item was added to the official agenda as Item K-1 "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, AUTHORIZING THE USE OF THE CITY OF MIAMI GARDENS
SHOWMOBILE AS WELL AS THE USE OF THE BETTY T. FERGUSON
RECREATIONAL COMPLEX'S AUDITORIUM, TRACK AND FIELD AREA,
AMPHITHEATER, HIBISCUS ROOM, AND STUDIO FOR THE ORANGE BOWL
COMMITTEE'S ANNUAL FAMILY FUN AND FIT DAY EVENT TO BE HELD ON
SATURDAY, AUGUST 12, 2017; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED
BY MAYOR OLIVER GILBERT)
July 12, 2017, City Council Minutes Page 1
Motion offered by Councilwoman Robinson, seconded by Councilman Harris to adopt
the Official Agenda, with the necessary changes.
There being no discussion the motion to adopt passed and carried by a unanimous vote of
the City Council.
(F) SPECIAL PRESENTATIONS (5 minutes each)
F-1) Councilwoman Felicia Robinson - Commendation — Alice Kincey
Councilwoman Robinson presented Ms. Alice Kincey with a Commendation by way of
recognition for her forty-one (41) year tenure as an educator in the City of Miami Gardens. Ms.
Kincey retired from Barbara Hopkins Elementary.
F-2) Councilwoman Lillie Q. Odom — 2017 Senior Pageant
Former City of Opa-locka Commissioner Rose Tydus appeared before the City Council
to request support for the Senior Pageant, being held in conjunction with CBS Miami Channel 4;
at the Julius Littman Center on August 6t', 2017. Ms. Tydus shared she is the first African
American to hold the 2016 Ms. Senior Florida title. Ms. Tydus further provided Council
Members with informational brochures about services the Senior Pageants provides to seniors,
which includes: Crown and Rose Club, Senior Gospel Choir, and Nana (Never Alone, Never
Abandoned).
(G) PUBLIC COMMENTS
Dorothy Smith, 20484 NW 14`x' Place, Miami Gardens, Florida, appeared before City
Council to invite the City Council and the community to attend the following events in
representation of Miami Gardens: Coconut Cay sponsored event "Who Am I" on July 24, 2017
at 6:00 PM, location the North Regional Library. In addition, Ms. Smith expressed her
discontent with Coconut Cay Homeowners Association's president Mr. Jones. She further
expressed concerns of bullying by the president (Mr. Jones) toward senior residents.
Kalen James, 570 NE 70th Street, Miami, Florida, appeared before the City Council and
stated she was present to represent New Day Production as it related to the Jazz in the Gardens
item on tonight's agenda.
(H) ORDINANCES) FOR FIRST READING:
H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, EXTENDING THE EXISTING
MORATORIUM ON THE SUBMISSION, PROCESSING AND
ISSUANCE OF DEVELOPMENT PERMITS, CERTIFICATES OF
USE, BUSINESS TAX RECEIPTS AND ALL OTHER
APPLICATIONS AND PERMITS FOR THE OPERATION OF
MEDICAL MARIJUANA DISPENSING FACILITIES AND
MEDICAL MARIJUANA DISPENSING ORGANIZATIONS FOR
AN ADDITIONAL 180 -DAY PERIOD; PROVIDING FOR
EXCEPTIONS; PROVIDING FOR A STUDY AND DIRECTIONS
July 12, 2017, City Council Minutes Page 2
TO THE CITY MANAGER; PROVIDING FOR PENALTIES;
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 DAVID WILLIAMS JR.)
City Attorney Dickens explained the Moratorium was in place pending a decision by
Governor Scott, which was finalized last week. Governor Scott's decision allows City
governments to make the decision for their cities. The extension is being requested to allow for
Council to discuss further. The plan is to host a workshop in October to draft the ordinance.
Mayor Gilbert expressed concerns about the 180 -day timeline due to Council's hiatus in
August, and limited council meetings in November and December.
Councilwoman Odom asked if the hiatus dates can be excluded from the 180 -day
extension.
Motion offered by Mayor Gilbert, seconded by Councilwoman Davis to adopt this item.
There being no further discussion, the motion to adopt passed and carried by a 7-0 vote.
Councilman Williams:
Yes
Councilwoman Davis:
Yes
Councilman Harris:
Yes
Vice Mayor Ighodaro:
Yes
Councilwoman Odom:
Yes
Councilwoman Robinson:
Yes
Mayor Gilbert:
Yes
(I) ORDINANCES) FOR SECOND READING/PUBLIC HEARINGS)
ORDINANCE NO. 2017-08-372
I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 26,
ARTICLE II ("STORMWATER UTILITY"), SECTION 26-26 "FEE
SCHEDULE AND PAYMENT", SECTION 26-29 "REQUEST FOR
ADJUSTMENT", SECTION 26-31 "ENFORCEMENT AND
PENALTIES", AND ADDING SECTION 26-32 "PROHIBITIONS
GENERALLY", AND SECTION 26-33 "PERMITS, PLAN
REVIEWS, INSPECTIONS, AND ADMINISTRATIVE FEES" OF
THE CODE OF ORDINANCES; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR INCLUSION IN CODE; PROVIDING AN
EFFECTIVE DATE. (1sT READING — JUNE 289 2017)
July 12, 2017, City Council Minutes Page 3
(SPONSORED BY THE CITY MANAGER)
Mayor Gilbert 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 Davis, seconded by Councilwoman Odom to adopt
this item.
Mayor Gilbert asked City Manager Benson to clarify the amendment.
City Manager Benson explained the original agreement was thirty-five (35) percent
incentive to property owners, but after further negotiations, City agreed to forty-two (42) percent.
Motion offered by Mayor Gilbert, seconded by Councilwoman Robinson to amend the
ordinance from Thirty -Five (35%) percent to Forty -Two (42%) percent.
Councilman Williams asked if we are giving this incentive to property owners for doing
what they should already be doing.
City Manager Benson in response to Councilman Williams' inquiry confirmed and
explained that providing property owners with an incentive will minimize city involvement in
the process and contain the issue at the property.
There being no further discussion on the amendment, the motion to adopt passed by a
unanimous vote of the City Council.
Motion offered by Councilwoman Davis, seconded by Councilwoman Odom to adopt
this item.
There being no further discussion, on the ordinance as a whole, the motion to adopt
passed and carried by a 7-0 vote.
Councilman Williams:
Yes
Councilwoman Davis:
Yes
Councilman Harris:
Yes
Vice Mayor Ighodaro:
Yes
Councilwoman Odom:
Yes
Councilwoman Robinson:
Yes
Mayor Gilbert:
Yes
(.n RESOLUTION(S)/PUBLIC HEARING(S)
None
(I) CONSENT AGENDA:
RESOLUTION NO. 2017-117-3222
July 12, 2017, City Council Minutes Page 4
K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE USE OF
THE CITY OF MIAMI GARDENS SHOWMOBILE AS WELL AS
THE USE OF THE BETTY T. FERGUSON RECREATIONAL
COMPLEX'S AUDITORIUM, TRACK AND FIELD AREA,
AMPHITHEATER, HIBISCUS ROOM, AND STUDIO FOR THE
ORANGE BOWL COMMITTEE'S ANNUAL FAMILY FUN AND
FIT DAY EVENT TO BE HELD ON SATURDAY, AUGUST 12,
2017; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Motion offered by Mayor Gilbert, seconded by Councilman Harris to adopt the Consent
Agenda.
There being no discussion, the motion to adopt the Consent Agenda passed and carried
by a unanimous vote of the City Council members present.
(L) RESOLUTIONS)
RESOLUTION NO. 2017-118-3223
L-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AWARDING REQUEST FOR
PROPOSAL NUMBER 16-17-03116-17-034 FOR SENIOR FAMILY
CENTER DESIGN -BUILD TO WEST CONSTRUCTION. INC.,-
PROVIDING
NC.;PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE
CITY MANAGER)
City Manager Benson recounted Council attended a presentation where two (2) separate
vendors were afforded an opportunity to present their proposal for the Senior Family Center
project. The vendors provided documentations, contract and an approximate completion date
between ten (10) to fifteen (15) months. He explained the vendors are present and the chosen
vendor will attend all future public meetings to ensure proper completion of project.
Motion offered by Councilwoman Davis, seconded by Councilwoman Williams to adopt
this item.
Councilwoman Odom inquired about the third vendor listed on the agenda memorandum.
City Manager Benson asked Procurement Director Lindell Miller to respond to
Councilwoman Odom's inquiry. Ms. Miller explained the presentation provided were from the
two (2) highest ranked firms.
Councilwoman Davis asked if the drawings provided represented the final designs.
City Manager Benson explained the drawings presented were not final and were only
July 12, 2017, City Council Minutes Page 5
presented for conceptual purposes. In addition, he explained there will be continuous discussion
and input until everyone agrees with final decisions.
Mayor Gilbert stated once the Council selects the firm to build the facility, a committee
will be appointed. He explained this Council committed to appointing individuals to serve on a
review and recommendation committee. He asked that Council members to send the name of
their appointee to the City Clerk.
Motion offered by Councilman Williams, seconded by Vice Mayor Ighodaro to insert
West Construction, Inc., to the item.
There being no further discussion, the motion to amend the resolution with the insertion
of West Construction, Inc.; the motion to amend passed and carried by a unanimous voice vote
of the City Council.
There being no further discussion, on the item as a whole, the motion to adopt passed and
carried by a unanimous voice vote of the City Council.
RESOLUTION NO. 2017-119-3224
L-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, ACCEPTING THE RANKING OF
THE SELECTION COMMITTEE FOR RFQ# 16-17-025, JAZZ IN
THE GARDENS MANAGEMENT SERVICES, AND
AUTHORIZING THE CITY MANAGER TO PROCEED WITH
NEGOTIATIONS WITH THE FIRST RANKED FIRM, AND IF
NEGOTIATIONS FAIL TO NEGOTIATE WITH THE SECOND
RANKED FIRM, AND SO ON UNTIL THE CITY MANAGER
SUCCESSFULLY NEGOTIATES AND EXECUTES A CONTRACT
WITH THE SUCCESSFUL BIDDER; PROVIDING FOR
INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
City Manager Benson explained Staff met with five (5) different firms and selected AEG
as the firm to handle the Jazz in the Gardens event.
Motion offered by Councilwoman Davis, seconded by Councilman Harris to adopt this
item.
Councilman Williams requested that Council have more information regarding this item
due to the large sum of money involved. In addition, he asked what happens if negotiations do
not occur as planned.
Mayor Gilbert explained the item would be budgeted if negotiations fail.
City Manager Benson explained negotiations will allow the City to obtain what is
necessary to finalize the event.
July 12, 2017, City Council Minutes Page 6
Councilman Williams asked if Jazz in the Gardens would be part of the Audit.
City Manager Benson confirmed that Jazz in the Gardens is a part of the normal audit.
Councilwoman Davis asked if Jazz in the Gardens was a part of the listing for Signature
Events. She further asked for clarification on the process of presenting events to Council for
approval.
City Manager Benson confirmed Jazz in the Gardens as one of the signature events.
Mayor Gilbert explained there is no comparable like Jazz in the Gardens. It is listed as a
Signature Event; however, there is no comparison to any other event in regards to impact.
Mayor Gilbert explained Jazz in the Gardens is handled differently administratively and it has to
be approved every year like other events.
Councilwoman Davis asked whether all Council members have to provide documentation
for their sponsored signature items.
Mayor Gilbert explained if it is a Council member sponsored item, which will be
converted to a City item, a resolution needs to be presented. In addition, Mayor Gilbert
explained Jazz in the Gardens should be self -executed as he inherited the item from Mayor
Gibson and Staff manages the event.
Councilwoman Robinson stated everyone has brought resolutions for their sponsored
events.
Councilwoman Davis asked separate from Jazz in the Gardens, if signature events need a
separate resolution.
City Manager Benson requested authorizations from Council to present one (1) resolution
with a list all signature events for the year; this would provide easier processing.
events.
Mayor Gilbert opined there is no need for a resolution as the budget lists all signature
City Manager Benson explained the resolution would allow time for planning.
Mayor Gilbert responded by explaining the Budget Workshop will be the appropriate
time to discuss and approve the signature events as listed in the budget.
City Attorney Dickens agreed and further explained the resolutions are brought to
Council to approve contract negotiations.
Mayor Gilbert stated Jazz in the Gardens was brought to Council because it was up for
bid; negotiation for new contract needs to be made.
July 12, 2017, City Council Minutes Page 7
City Attorney Dickens provided historical information explaining the Jazz in the Gardens
event was brought to Council every year because previous Council wanted to review and
approve separately.
City Manager Benson also explained the resolution was brought to Council to waive the
procurement process.
Councilwoman Davis requested 'clarification because she has an event with a pending
RFP with just three (3) months to complete.
Mayor Gilbert explained Staff is the one who completes RFP and there should be more
than three (3) months to complete an RFP. In addition, he further explained Council should not
be involved as Council authorizes and Staff executes.
Councilwoman Davis stated more time needs to occur in order to fundraise for these
events.
Mayor Gilbert discussed the importance of approving the item as it takes longer than one
(1) year plan and execute Jazz in the Gardens. With this current process there is less than six (6)
months to plan.
Motion offered by Mayor Gilbert, seconded by Councilwoman Robinson to adopt this
item.
Councilwoman Odom asked why is the budgeted amount blank; she asked whether staff
has a ballpark figure for Jazz in the Gardens.
Mayor Gilbert explained the actual budgeted numbers will be decided in the budget
meeting.
There being no further discussion, the motion to adopt passed and carried by a unanimous
voice vote of the City Council.
QUASI-JUDICIAL ZONING HEARINGS/JENNINGS
DISCLOSURE:
Nakeischea Smith, Planning Director appeared before the City Council to outline the
Quasi -Judicial Process.
Ronetta Taylor, City Clerk administered the Oath to those participating in this Quasi -
Judicial Process.
(M) ORDINANCES ON FOR FIRST READING/PUBLIC
HEARING(S):
July 12, 2017, City Council Minutes Page 8
None
(1� ORDINANCES ON FOR SECOND READING/PUBLIC
HEARING(S)
None
(0) RESOLUTION(S)/PUBLIC HEARING(S)
RESOLUTION NO. 2017-120-3225
0-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, APPROVING THE
APPLICATION SUBMITTED BY MIAMI GARDENS
TOWERS, LLC, FOR PROPERTY GENERALLY LOCATED
AT 350 NORTHWEST 215TH STREET, FOR AN EXTENSION
OF A TEMPORARY NON-USE VARIANCE TO ALLOW OFF-
STREET PARKING ON A NATURAL SURFACE WHERE
PAVEMENT AND DRAINAGE IS REQUIRED; PROVIDING
FOR A DECLARATION OF RESTRICTIVE COVENANTS;
PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
(SPONSORED BY THE CITY MANAGER)
Mayor Gilbert opened the floor for this public hearing.
Dorothy Smith, 20484 NW 14`h Place, Miami Gardens, Florida, appeared before City
Council to inquire as to whether this item needs a certificate of occupancy.
A representative of Miami Gardens Towers, LLC was available to answer any questions.
After there were no interested parties to speak on this item, the public hearing closed.
Councilman Williams commented the item was originally approved in 2010, and has
taken seven (7) years to complete; now they're requesting additional time. He asked the City
Manager when the City is going to make proper arrangements.
City Manager Benson explained there has been a lot of contemplation for possible
projects in the lot and a lot of auto dealers looking for areas to store additional inventory.
Mayor Gilbert explained the discussed item is not related to sewage issues and is attached
to the car dealer.
Councilman Williams explained his concerns about hazardous materials from vehicles
parked in an unpaved lot.
Motion offered by Councilwoman Robinson, seconded by Councilman Williams and
Councilwoman Odom to adopt this item.
July 12, 2017, City Council Minutes Page 9
There being no further discussion, the motion to adopt passed and carried by a 5-2 voice
vote with Councilman Williams and Councilwoman Odom casting dissenting votes.
(P) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK
None
(Q) REPORTS OF MAYOR AND COUNCIL MEMBERS
Councilman Williams saluted Captain Nargiso for his continued community involvement.
In addition, he commended Sergeant Heather Kidder for her Women In Law Enforcement
recognition from North Dade Family & Youth Coalition.
Councilwoman Davis reminded everyone of the upcoming Wine and Food Festival,
which will be held November 11, 2017.
Councilwoman Odom announced the Elderly Affairs Advisory Committee's upcoming
Medicare Workshops Series presented by Humana scheduled for July 20, August 24, and
September 21, 2017, at Betty T. Ferguson. In addition, she invited the City Council and
community to attend the Speak, Sign and Sell event Saturday July 15, 2017 10:00 a.m. -12:30
p.m. at Betty T. Ferguson Center. The event is for writers of color.
Councilman Harris commended Staff for a good job at the Fourth of July Celebration
event.
Councilwoman Robinson announced, August 5`h, Live Healthy Miami Gardens is hosting
Health in the Gardens event to provide free health screening and promote healthy lifestyle, from
2-6 PM, at Rolling Oaks Park.
Mayor Oliver pilbert commended staff and everyone else who made it possible for an
excellent Fourth of July community event. In addition, Mayor Gilbert asked everyone drive
carefully and recited an old Baptist song "Time is filled with swift transition".
(R) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN
COMMUNICATIONS FROM THE PUBLIC
None
(S) ADJOURNMENT
There being no further business to come before this Body, and upon a motion being duly
moved and seconded the meeting adjourned at 8:08 PM.
Attest:
Oliver Gilbert, Mayor
Ronetta Taylor, Myt, City Clerk
July 12, 2017, City Council Minutes Page 10