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06.22.2016 - City Council MinuetsCITY OF MIAMI GARDENS REGULAR CITY COUNCIL MINUTES JUNE 229 2016 (A) CALL TO ORDER/ROLL CALL The City Council for the City of Miami Gardens, Florida, met in regular session, Wednesday June 22, 2016, beginning at 7:00 p.m., in the City Council Chambers, 18605 NW 27th Avenue, Miami Gardens, Florida. The following members of the City Council were present: Mayor Oliver Gilbert, Vice Mayor Felicia Robinson and Council members: Lisa C. Davis, Rodney Harris, Lillie O. Odom, David Williams Jr., and Dr. Erhabor Ighodaro. 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 8, 2016 Motion offered by Councilman Williams, seconded by Councilman Harris to approve the minutes, with necessary corrections, if any. There being no discussion the motion to approve passed and carried by a unanimous vote of the City Council. (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time) Item K-2, was pulled from the Consent Agenda by Councilwoman Odom Jr. A Special Presentation was added to the official agenda by Councilman David Williams A revised Item M-1, was provided, which included additional information. Motion offered by Vice Mayor Robinson, seconded by Councilman Harris to approve the official agenda with the necessary additions/deletions. There being no discussion, the motion to approve passed and carried by a unanimous voice vote of the City Council. June 22, 2016 City Council Minutes Page 1 (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Councilman David Williams Jr. - Special Presentation Councilman Williams presented a Certificate of Appreciation to Dr. Larry Pierre for his generous contributions, dedication and devotion to the City of Miami Gardens and the first Family Fun Day Festival, April 2016. (G) PUBLIC COMMENTS Dorothy Smith, 20484 NW 14`h Place, Miami Gardens, Florida, appeared before the City Council to request that the City Council agenda be placed outside the Chambers at least 30 minutes prior to the City Council meeting. She further asked that an agenda package be placed in the lobby the Monday prior to the meeting so that residents can review the backup documentation. She further requested that when residents ask questions at the City Council meeting that those questions are answered within three business days. She also shared that the flooding in Coconut Cay continues to be a problem, which is causing a concern with mosquitoes. Damien Morgan, 500 14th Street, Miami Beach, Florida, appeared before the City Council to thank the Council and the City of Miami Gardens on a successful Relay for Life event. He presented plaques to the Council members. Chief Brooklen was also acknowledged. (H) ORDINANCE(S) FOR FIRST READING: None (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) None (J) RESOLUTION(S)/PUBLIC HEARING(S) None (K) CONSENT AGENDA: RESOLUTION NO. 2016-121-3020 K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RECOGNIZING THE MONTH OF JUNE AS CARIBBEAN HERITAGE MONTH IN THE CITY OF MIAMI GARDENS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN LISA C. DAVIS) RESOLUTION NO. 2016-123-3022, K-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE DIGITAL AND PHYSICAL EVIDENCE TRACKING SOFTWARE, FROM SAFEWARE, INC., June 22, 2016 City Council Minutes Page 2 IN AN AMOUNT NOT TO EXCEED FIFTY-SEVEN THOUSAND ONE HUNDRED THIRTY-SIX DOLLARS AND SIXTY-SIX CENTS ($57,136.66); PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2016-124-3024 K-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE SOCIAL MEDIA MONITORING SOFTWARE, FROM SAFEWARE, INC., IN AN AMOUNT NOT TO EXCEED SEVENTY-FOUR THOUSAND EIGHT HUNDRED FIFTY DOLLARS AND ZERO CENTS ($74,850.00); PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Motion offered by Councilman Williams, seconded by Councilwoman Odom to adopt the Consent Agenda. There being no discussion the motion to adopt passed and carried by a unanimous voice vote of the City Council. (L) RESOLUTION(S) RESOLUTION NO. 2016-122-3021 K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO PURCHASE A DATA STORAGE SOLUTION FROM EMC CORPORATION IN AN AMOUNT NOT TO EXCEED THREE HUNDRED SIXTY-EIGHT THOUSAND SIX HUNDRED NINETY-FOUR DOLLARS AND FORTY-THREE CENTS ($368,694.43), BY RELYING UPON THAT CERTAIN STATE OF FLORIDA CONTRACT NUMBER 43211500-WSCA-I5-ACS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Councilwoman Odom explained she pulled this item for clarification purposes. She pointed out that although the resolution states the dollar amount would not exceed $368,694.43, the actual agreement stated the prices were contingent upon the final prices approved from the manufacture. Manager Benson in response to Councilwoman Odom's inquiry clarified that the City will not pay more than what is stated in the resolution. June 22, 2016 City Council Minutes Page 3 Councilwoman Odom asked whether the resolution superseded the language in the agreement. Mayor Gilbert clarified if the company did not come up with a price that was the same or below what is stated in the resolution, staff will come back to Council with an alternative. Motion offered by Councilman Harris, seconded by Councilwoman Odom to adopt this item. There being no further discussion the motion to adopt passed and carried by a unanimous voice vote of the Council. QUASI-JUDICIAL ZONING HEARINGS: Judy Masie-Hazen, Development Services Director appeared before the City Council to highlight the process used for the Quasi -Judicial Proceeding. City Clerk Taylor swore in all parties participating in this Quasi -Judicial Process. (M) ORDINANCES ON FOR FIRST READING(S): M-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY SHARE NETWORK, LLC FOR THE REZONING OF PROPERTY LOCATED AT NW 16561 NW 47TH AVENUE (FOLIO NUMBER 34-2117-002-0100), MIAMI GARDENS, FLORIDA MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", ATTACHED HERETO, FROM R-2 TWO FAMILY TO R-15 MULTIPLE FAMILY; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVING A SEVERABILITY CLAUSE; PROVIDING INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Mayor Gilbert opened the floor for this public Hearing. Attorney Robert Holland, 3250 NE 1St Avenue, Miami, Florida, appeared before the City Council representing the applicant. He explained the vast majority of this property was rezoned by the City of Miami Gardens many years ago to allow for 16 dwelling units. The adjacent parcels were purchased for an additional six units for a total of 22 units. He emphasized this is not an affordable housing project. The sixteen units previously approved were for home ownership. This rezoning request is in compliance with the city's land development plan. The property as currently zoned allows for a medium density rate. Angelo Cuadra, 16330 NW 45th Avenue, Miami Gardens, Florida, appeared before the June 22, 2016 City Council Minutes Page 4 City Council in opposition to this application. He expressed concern with the increase in traffic if this rezoning is approved and the development is built. Isaac C. Mickins, 16300 NW 44th Court, Miami Gardens, Florida, appeared before the City Council in opposition to this request. He stated that he just heard about this application on yesterday. He said this rezoning change to R-15, would completely upset the balance in this neighborhood, which is made up of single family homes and duplexes. Rogelio Cuadea, 3017 North Bahama Drive, the property owner of duplexes at 16620 and 16622 NW 46th Avenue, Miami Gardens, Florida, appeared before the City Council in opposition to this application. He cited traffic congestion as a mitigating factor for his opposition. Miguel Puerto, 16560 NW 45th Avenue, Miami Gardens, Florida, appeared before the City Council in opposition to this application. He said he would prefer the neighborhood to stay the same. He expressed concern with the increase in traffic. Melody Miller, 8221 NW 198th Street, Miami, Florida, with an ownership property at 16220 NW 45th Avenue, Miami Gardens, Florida, appeared before the City Council in opposition to this request. This use to be a very quiet area until more housing was developed there. There is a lot of traffic in the area now. She opined the property value would depreciate with this new development. Michel Miranda, 16562 NW 45th Avenue, Miami Gardens, Florida, appeared before the City Council in opposition to this request. He stated that he would not like to see more traffic in his neighborhood. Mr. Cuadea reappeared before the City Council and shared that as it relates to this proposal no traffic study was ever done in this area. He further stated that a lot of residents never received the notice of public hearing. Councilman Williams asked how many of the people attending tonight's meeting actually live in Miami Gardens. Attorney Holland reappeared before the City Council and shared there might be some confusion about this application. He re -clarified that the rezoning for the majority of this property has already been approved. Sixteen units can be built on the site now. That rezoning was approved by the Council almost eight years ago. He stated multi -family homes will be built on this site. The portion of the land being considered for a rezoning is being requested so that it can be added to the land already rezoned, and would accommodate an additional 6 units for a total of 22 multi -family units. Staff recommendations indicate this rezoning request is consistent with the City of Miami Gardens' Comp Plan. He said the traffic would be unaffected by this development. Councilwoman Odom asked Attorney Holland whether this group met with the residents in this area prior to this public hearing. June 22, 2016 City Council Minutes Page 5 Attorney Holland in response to Councilwoman Odom's inquiry said he did not. He said he did not have a problem meeting with the neighbors between the first and second reading of this ordinance. He reiterated the 16 units have already been approved and cannot be taken away. That is already a developer's right that the owner has. Councilwoman Davis asked whether a traffic study was done and if not maybe this is something that should be looked at. Attorney Holland in response to Councilwoman Davis' inquiry said he did not know of a traffic study being done on the applicant's end. He reiterated a portion of this property is already zoned to allow the building of 16 units. Councilwoman Davis opined the potential traffic increase should be considered. Mayor Gilbert stated when reviewing zoning applications it is not what we feel. He said there has to be competent substantial evidence in the record to deny the application. During the site plan approval process a request can be made of the applicant. During zoning applications generally speaking the Council cannot do that. He suggested passing this item on first reading then scheduling a meeting with the residents and staff to explain what the different options are for constructing the site. He explained just like the homeowners have property rights, this applicant has the same property rights. Therefore as a right, the developer can build the 16 units. He said he did not necessarily agree with the project at present and wanted to see the site and talk with the residents. He asked the City Manager to coordinate this meeting. He explained this is not approving the rezoning it is merely moving the application from first reading to second reading. Motion offered by Councilwoman Odom to defer this item until after the meeting between the residents, staff and the applicant. She said deferring this item for two weeks would be enough time to hold a meeting between the residents, staff and the applicant. That two week date would be July 13, 2016. Attorney Holland indicated that July 13th may hold a conflict with him because of another City Council meeting. Mayor Gilbert clarified that July 13th is the next regularly scheduled City Council meeting. Councilman Williams asked whether this two week window would give everybody enough time to meet. Vice Mayor Robinson commented if the first reading is approved tonight, the second reading could be scheduled for July 27th, which would provide ample time to meet. However, if first reading is moved to July 13th the Council would have no other choice than to hold the second reading at the next scheduled meeting. Councilwoman Odom stated she did not have a problem with voting on the first reading June 22, 2016 City Council Minutes Page 6 of this item. She said she wanted to make sure the residents are informed. She emphasized the importance of meeting with the residents. Mayor Gilbert conveyed agreement with Councilwoman Odom about scheduling a meeting with the residents. This meeting is a process to allow the residents, staff and applicant an opportunity to have a conversation. Councilwoman Odom deferred her original motion to defer this item Motion offered by Mayor Gilbert, seconded by Councilwoman Odom to adopt this item on first reading. There being no further discussion on this item the motion to adopt on first reading passed and carried by a 7-0 vote of the Council. Councilman Ighodaro: Yes Councilwoman Odom: Yes Vice Mayor Robinson: Yes Councilman Williams: Yes Councilman Williams: Yes Councilwoman Davis: Yes Councilman Harris: Yes Mayor Gilbert: Yes Mayor Gilbert shared that more than one Council member has indicated their intent to attend this meeting therefore the Sunshine Law would apply. The City Clerk was instructed to notice the meeting. The meeting will also take place at City Hall in the City Council Chambers. (N) ORDINANCES ON FOR SECOND READING/PUBLIC HEARING(S) None (0) RESOLUTION(S)/PUBLIC HEARING(S) None (P) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK P-1) MGPD Monthly Report — May 2016 P-2) City Manager's Quarterly Report (Q) REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Ighodaro thanked staff for their attendance at the last Uni'Tea at Bunche Park. He further thanked Councilmen Harris and Williams for being there as well. He thanked Mr. Smith of the Parks and Recreation Department for providing information on the timeframe for the renovations at the park. He said the residents have some real concerns about the benchmarks and timeframes. The next Uni'Tea will be held July 6t" at Miami Carol City Park. He thanked the participants for being a part of the Uni'Tea movement, which brings government June 22, 2016 City Council Minutes Page 7 to the people. He further thanked staff for its assistance in putting together the International Music Festival. This event will take place July 23, 2016, at the Betty T. Ferguson Recreation Center. He announced that he will be giving away tickets at the next City Council meeting to the first five residents that come into the meeting. Councilman Williams thanked the city manager and his staff for their invaluable assistance in putting together a package for a science project on short notice. On July 9th, he will host the Second Annual Blue Jeans event at Betty T. Ferguson Recreation Center. He thanked Parvin Neloms for his assistance with this event. He said he has never been able to understand the Special Lighting District and the inadequate lighting being provided on his street. He shared that he had spoken to the County representative about that and was told a special assessment would be required to provide more lighting. That special assessment would be in addition to the assessment the residents are already paying. He asked staff to find out what is going on with this issue. Councilwoman Davis thanked everyone who came out to the Food and Wine Kick Off event. Tickets went on sale last night, with a lot of them being sold at this event. The actual event is scheduled for November 12, 2016, at Calder Race Course. Councilwoman Odom shared on last week approximately 140 teenagers visited Miami Gardens. The students were due to travel to Puerto Rico; however due to a mix up with the Visa the students were houses at the Stadium Hotel. The Cosmopolitan Church sponsored the group therefore the students had to walk from the Stadium hotel to the church. She shared that she contacted the City Manager as well as the Chief of Police for assistance. The police department did a fantastic job ensuring the students were safe during their walk from the hotel to the church. She announced on Tuesday, June 28, 2016, a symposium is scheduled to be held at Calder Race Course. This event is about protecting our senior as it relates to financial abuse. She shared the Elderly Affairs Advisory Committee in partnership with Calder Casino is hosting this symposium. The event is scheduled from 10:00 AM — 2:00 PM. Vice Mayor Robinson invited everyone out to her Meet Me on Monday meeting scheduled the second Tuesday of the month. She shared that she partnered with the American Heart Association for this entire year. For the month of July there will be healthy cooking demonstrations. She further shared that PEACE will be at the Betty T. Ferguson Center on June 26th (providing peace and hope to kids). There will be free food and lots of fun activities for youth. Mayor Gilbert announced this past Saturday a 119 people were certified in hands on CPR. Free CPR classes are conducted every month at the Betty T. Ferguson Center. (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 June 22, 2016 City Council Minutes Page 8 made, the meeting adjourned at 8:05 PM. Attest: Oliver Gilbert, Mayor Ronetta Taylor, MMC ity Clerk June 22, 2016 City Council Minutes Page 9