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12.14.2016 - City Council MinutesCITY OF MIAMI GARDENS REGULAR CITY COUNCIL MINUTES DECEMBER 14, 2016 (A) CALL TO ORDER/ROLL CALL The City Council for the City of Miami Gardens, Florida, met in regular session, Wednesday, December 14, 2016, beginning at 7:05 PM, in the City Council Chambers, 18605 NW 27`" Avenue, Miami Gardens, Florida. The following members of the City Council were present: Mayor Oliver Gilbert, Vice Mayor Erhabor Ighodaro, and Council Members: Lisa C. Davis, Lillie Q. Odom, 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 —October 26, 2016 D-2) Regular City Council Minutes - November 9, 2016 Motion offered by Councilwoman Robinson, seconded by Councilman Harris to approve the Minutes, with the necessary corrections, if any. There being no discussions, the motion to adopt passed and carried by a unanimous voice vote of the members present. (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time) Mayor Gilbert moved the Quasi -Judicial (Land Use Items) to be heard after public comments. Items K-1 and K-4 were pulled from the Consent Agenda by Councilwoman Odom Councilwoman Odom added a Special Presentation from the Elderly Affairs Advisory Committee. Motion offered by Councilman Williams, seconded by Councilwoman Odom to approve the Official Agenda with the necessary changes. December 14, 2016 City Council Minutes Page 1 There being no further discussion the motion to approve passed and carried by a unanimous vote of City Council the members present. (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Councilwoman Lisa C. Davis- Cloverleaf Royals and Miami Gardens Supper Soul Steppers Ms. Linda Hodges Holloway, 748 NW 204th Street, Miami Gardens, Florida, appeared before the City Council representing the Cloverleaf Royals and Miami Gardens Supper Soul Steppers to pay special recognition to Councilwoman Lisa C. Davis. Councilwoman Davis has been an instrumental part of Residential Area Seat -2, as well as the entire City of Miami Gardens (e.g. Mothers' and Fathers' Day recognitions; turkey give -a -way and the Wine and Food Experience). She further congratulated Mayor Gilbert on his recent re-election win. F-2) Councilwoman Lillie Q. Odom — Elderly Affairs Advisory Committee Ms. Flora Johnson representing the City of Miami Gardens Elderly Affairs Advisory Committee appeared before the City Council to make a presentation to Mr. Doug Hayes for his generous contribution to the 4th Annual Elderly Affairs Advisory Committee Senior Holiday Event. Mr. Hayes thanked everyone from this recognition. (G) PUBLIC COMMENTS Larry Washington, 19808 NW 33rd Court, Miami Gardens, Florida, appeared before the City Council to express concern with the Bunche Park Pool renovations and a Learn to Swim Program. He expressed concern with having a water park built on this property. Mayor Gilbert asked Assistant City Manager Craig Clay to speak with Mr. Washington about his concerns. Mr. Washington opined there should be more non-traditional sports such as baseball and soccer being offered at the parks. Those sports are not offered by the City of Miami Gardens therefore he's had to take his children to Broward County to play other sports besides football. Mayor Gilbert informed Mr. Washington that there is a lot of activities going on in the Parks, which he [Washington] might not be aware of. He said the Assistant City Manager Craig Clay and Parks and Recreation Director Parvin Neloms will speak with him [Washington] about those activities. Janice Coakley, 19681 NW 33rd Avenue, Miami Gardens, Florida, appeared before the City Council appeared before the City Council to present her Girl Scout Troupe. A'rawni McPhes, Girl Scout Gold Award Project, 19681 NW 33rd avenue, Miami Gardens, Florida, appeared before the City Council and shared that her project is Tropical Florida. December 14, 2016 City Council Minutes Page 2 Ma'ia Moultan, Girl Scout Gold Award, 1820 NW 184th Street, Miami Gardens, Florida, appeared before the City Council and outlined the topic of her project. Dionne Mapp, Girl Scout Gold Aware, 19681 NW 33rd Avenue, Miami Gardens, Florida_, appeared before the City Council to outline her project. Tamera Horn, PO. Box 612512, Miami, Florida, appeared before the City Council on behalf of the Horn family to thank the Police Department for its assistance in the recovery of a family member's stolen vehicle. Bridget McKinney, 20424 NW 8t" Avenue, Miami Gardens, Florida, appeared before the City Council to express concern with the Swimming Programs. She emphasized the importance of providing swimming lessons for the youth. She asked the Council to consider not renovating Bunche Park to a Splash park. She further asked the Council re -open all pools in Miami Gardens. Ms. McKinney also congratulated Councilman Williams on a very successful Science and Engineering Fair. Mayor Gilbert clarified that Ms. McKinney was speaking about the Splash Pool that would be included at Buccaneer Park. Lewis Smith, 2250 NW 194th Terrace, Miami Gardens, Florida, appeared before the City Council to express concern with the layout of the new Bunche Park Pool design; there is no deep area. He further asked that the Council re -open all pools in Miami Gardens. Francis Ragoo, 889 NW 214th Street, Apt. #102, Miami Gardens, Florida, appeared before the City Council to express concern with the lack of attendance from Miami Gardens Elected officials at the North Corridor meeting held by FDOT, at the North Dade Regional Library. Wendell A. James, 18820 NW 29th Place, Miami Gardens, Florida, appeared before the City Council to express support of Councilwoman Davis' Wine and Food Experience Event. He further shared that he supported the IMFEST Event, as well. Brenda Harper, River View Crime Watch, 3266 NW 203rd Street, Miami Gardens, Florida, appeared before the City Council to congratulate Mayor Gilbert and Councilman Williams on their recent re-election wins. She thanked the Council for their continued support. She further thanked E.L. Waters, LLC for its continued support. Please note, Mayor Gilbert left the meeting at 7:45 PM, and returned at 7:55 PM. Troy Jones, 20547 NW 9th Avenue, Miami, Florida, appeared before the City Council in support of Councilwoman Davis' Wine and Food Experience. He opined this was a very up scaled social event. He commended Councilwoman Davis for her vision. He further applauded the Mayor and Council for their support of this event. Nicole Gates, 1980 NW Yd Avenue, Miami, Florida, appeared before the City Council in December 14, 2016 City Council Minutes Page 3 support of the Wine and Food Experience Event. This event tripled the number of attendees as well as vendors. The event was enjoyed by all. In addition the event benefitted some very important charities in the community. She asked the Council to continue supporting this event. Elizabeth Garcia and Rico Love, 5451 NW 169th Terrace, Miami Gardens, Florida, appeared before the City Council in support of the Wine and Food Experience. She thanked Councilwoman Davis for inviting her business as a participant. She encouraged the Council's continued support of this event. Rico Love shared that he had an incredible time at the event. He got to speak with Councilwoman Davis during the event and received an invitation to continue the discussion the next week. He thanked the Council for supporting this event and looked forward to being a part of the 2017, event. Sybrina Fulton, Trayvon Martin Foundation, 16121 NW 18th Court, Miami Gardens, Florida, appeared before the City Council in support of the Wine and Food Experience. This was a well -organized and beautiful event. She commended the City Council for their support of this event. W. Ervan Miller, 11370 NW 207th Street, Miami Gardens, Florida, appeared before the City Council and stated that he wanted to make sure the event is being sponsored with the budgetary money allocated for it. He said before the funding is approved for next year's event he would like to see a breakdown of the expenses and revenues for this event. He commented that he was making a public records request for that information. Marlene Arribas, 20630 North Miami Avenue, Miami Gardens, Florida, appeared before the City Council in support of the Wine and Food Experience. She opined that the City of Miami Gardens needs to continue supporting events like this because all that is being reported in the news has to do with crime. She further opined no events makes money the first or second year. Dorothy Smith, 20484 NW 14th Court, Miami Gardens, Florida, appeared before the City Council and shared that she would like to see some improvement on the red lights on some of the major streets in Miami Gardens, as it relates to senior citizens and handicapped individuals. Sharon Frazier, 145 NE 193`d Street, Miami, Florida, appeared before the City Council to highlight the responsibility and challenges of the PTA's. She further asked what has been done for the Veterans. She shared that Mr. Leo Pierre is an outstanding gentlemen and has been in this community for over 30 years, thanked Councilwoman Davis and Mayor Gilbert for their support of Mr. Pierre. Flora Johnson, Grandparents Raising Grandchildren, Association, 1910 NW 163`d Street, Miami Gardens, Florida, appeared before the City Council to convey to Councilwoman Davis that the grandparents were very excited about the Wine and Food Experience event. This event provided an opportunity for the seniors to get dressed up for an event. She further thanked the City for supporting the Grandparents Raising Grandchildren Association. December 14, 2016 City Council Minutes Page 4 At the conclusion of public comment, the Quasi -Judicial portion of the agenda was considered. The minutes reflecting the discussion of the Quasi -Judicial matters are noted in sequence to the agenda. (H) ORDINANCE(S) FOR FIRST READING: H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 2, ARTICLE II, SECTION 2-51 (AGENDA) 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. (SPONSORED BY COUNCILMAN DAVID WILLIAMS JR.) Councilman Williams said this ordinance provides an amendment to change the time frame for Council members to receive the agenda package to seven (7) days prior to the Council meeting. Mayor Gilbert asked what would happen if the agenda was not ready seven (7) days out? Councilman Williams said there could be some special exceptions but we should put forth the effort. The current provision in the code does not provide a time frame. This ordinance would provide a time frame. Mayor Gilbert reiterated the agenda is currently provided on Thursday, the last day the City is open, which is six (6) days prior to the Council meeting. Councilman Williams asked the City Manager, City Attorney and City Clerk as it relates to their experience in other cities, what is the agenda process and deadlines. Manager Benson said the previous cities that he has worked for the normal is between 5 and 7 days. Councilman Williams said the agenda can be an electron version. All he is asking for is to be provided with an agenda earlier than what is being provided currently. Mayor Gilbert stated that the draft agenda is being prepared now. The items as submitted are being placed on the next agenda now. He said the Council has access to this. Councilwoman Robinson shared that she asks the City Manager to provide her with a copy of the draft agenda. She further shared that she also gets a briefing from the City Manager. December 14, 2016 City Council Minutes Page 5 Councilman Williams said he would be curious to know how many other Council members are aware that they can pull up this information ahead of time. Councilman Harris said was not aware that he could get the information before the published agenda; however he did not have a problem with the way the agenda is currently provided. Councilwoman Odom stated that she did not know that the draft agenda was available during the agenda review process. Councilman Williams said he would not have a problem if he could get the draft agenda. Councilwoman Robinson said anything you want, just ask for it. Mayor Gilbert reiterated if Councilman Williams wants to see the items earlier than the Thursday afternoon, all he has to do is ask. He said his problem with the ordinance that he knows how fast and quickly things move. Sometimes items are being finalized at the last minute. Councilman Williams opined a lot of the items that appear on the agenda do not fall within that category. He reiterated that he would be satisfied with getting the information earlier. By unanimous agreement of the Council this item was tabled. H-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, DECLARING ZONING IN PROGRESS AND IMPOSING A 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 A 180 -DAY PERIOD; PROVIDING FOR EXCEPTIONS; PROVIDING FOR A STUDY AND DIRECTIONS 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.) Councilman Williams explained his rationale for sponsoring this item. Mayor Gilbert asked whether the 180 day timeframe was sufficient. December 14, 2016 City Council Minutes Page 6 Attorney Dickens said this can be extended if possible. She suggested amending the ordinance from 180 days to eight (8) months. Motion offered by Mayor Gilbert, seconded by Councilman Williams to amend the ordinance to extend the moratorium to eight months. There being no discussion on the amendment, the motion passed and carried by a unanimous voice vote of the City Council. Motion offered by Mayor Gilbert, seconded by Councilman Harris to adopt this ordinance, as amended on first reading passed and carried by a 7-0 vote. Councilwoman Robinson: Yes Councilman Williams: Yes Councilwoman Davis: Yes Councilman Harris: Yes Vice Mayor Ighodaro: Yes Councilwoman Odom: Yes Mayor Gilbert: Yes (I) ORDINANCES) FOR SECOND READING/PUBLIC HEARING(S) ORDINANCE NO. 2016-15-361 I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THAT CERTAIN DEVELOPMENT AGREEMENT IN SUBSTANTIAL FORM AS THAT AGREEMENT ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE TRANSFER OF THAT CERTAIN CITY -OWNED PROPERTY GENERALLY LOCATED AT U.S. 441/STATE ROAD 7 AND N.W. 7TH AVENUE TO URBAN PROPERTY HOLDING, LLC IN ACCORDANCE WITH THE DEVELOPER'S AGREEMENT; PROVIDING FOR INSTRUCTIONS TO THE CITY MANAGER AND CITY ATTORNEY; 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 — November 9, 2016) 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 Mayor Gilbert, seconded by Councilman Harris to adopt this item. There being no discussion the motion to adopt passed and carried by a 7-0 vote. December 14, 2016 City Council Minutes Page 7 Councilman Williams: Yes Councilwoman Davis: Yes Councilman Harris: Yes Vice Mayor Ighodaro: Yes Councilwoman Odom: Yes Councilwoman Robinson: Yes Mayor Gilbert: Yes (J) RESOLUTION(S)/PUBLIC HEARING(S) None (K) CONSENT AGENDA: RESOLUTION NO 2016-195-3094 K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, HOSTING THE 6TH ANNUAL CITY OF MIAMI GARDENS SCIENCE AND ENGINEERING FAIR FOR ELEMENTARY -AGED STUDENTS; AUTHORIZING AN ALLOCATION OF FIVE THOUSAND DOLLARS ($5000.00) FROM THE CITY COUNCIL SPECIAL EVENT FUND FOR THIS PURPOSE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN DAVID WILLIAMS JR.) RESOLUTION NO. 2016-196-3095 K-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA RECOGNIZING THE FOURTH MONDAY OF THE MONTH IN SEPTEMBER AS FAMILY DAY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY VICE MAYOR ERHABOR IGHODARO) RESOLUTION NO. 2016-198-3097 K-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RATIFYING THE ELECTION RESULTS OF THE RUN-OFF ELECTION HELD ON NOVEMBER 8, 2016, FOR THE PURPOSE OF ELECTING A COUNCILMEMBER FOR AT -LARGE SEAT 5; DECLARING THE RESULTS OF SAID ELECTIONS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY CLERK) RESOLUTION NO, 2016-199-3098 K-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RATIFYING THE ELECTION December 14, 2016 City Council Minutes Page 8 RESULTS OF SPECIAL ELECTION HELD ON DECEMBER 6, 2016, FOR THE PURPOSE OF ELECTING A MAYOR; DECLARING THE RESULTS OF SAID ELECTIONS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY CLERK) RESOLUTION NO. 2016-200-3099 K-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA; APPROVING THE 2017 CALENDAR OF EVENTS FOR THE CITY OF MIAMI GARDENS' PROGRESSIVE YOUNG ADULTS ADVISORY COMMITTEE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY CLERK) RESOLUTION NO. 2016-201-3100 K-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE FINAL PLAT FOR THE WALDEN PLACE DEVELOPMENT, SUBMITTED BY D.R. HORTON, INC. FOR PROPERTY GENERALLY LOCATED AT N.W. 208 STREET AND N.W. 12TH AVENUE, MORE PARTICULARLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2016-202-3101 K-9) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE FINAL PLAT FOR THE WALDEN PLACE II DEVELOPMENT, SUBMITTED BY D.R. HORTON, INC. FOR PROPERTY GENERALLY LOCATED AT N.W. 208 STREET AND N.W. 9TH COURT, MORE PARTICULARLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2016-203-3102 K-10) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK, TO ISSUE PURCHASE ORDERS TO BANASZAK CONCRETE CORPORATION TO FURNISH AND DELIVER READY MIXED CONCRETE, IN AN AMOUNT NOT TO EXCEED EIGHTY -THOUSAND DOLLARS ($80,000.00), BY RELYING TOWN OF DAVIE'S ITB NUMBER B - December 14, 2016 City Council Minutes Page 9 17-01; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2016-204-3103 K-11) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE RENEWAL OF THAT CERTAIN AGREEMENT WITH E.L. WATERS AND COMPANY, LLC., FOR PLANNING AND ZONING SERVICES FOR A ONE YEAR PERIOD; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2016-205-3104 K-12) 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 WITH THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION FOR THE ACCEPTANCE OF A LITTER CONTROL AND PREVENTION GRANT IN THE AMOUNT OF FIFTEEN THOUSAND DOLLARS ($15,000.00) FOR A LITTER CONTROL AND PREVENTION PROGRAM, A COPY OF WHICH IS ATTACHED HERETO TO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL AGREEMENTS AND ATTENDANT DOCUMENTS AS A RESULT OF THIS GRANT PROCESS; AUTHORIZING A MATCH OF FUNDS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Motion offered by Councilwoman Robinson, seconded by Councilman Harris to adopt the Consent Agenda as presented. There being no discussion, the motion to adopt passed and carried by a unanimous vote of the City Council. (L) RESOLUTION(S) K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA DIRECTING THAT THE CITY MANAGER TAKE ALL STEPS NECESSARY FOR THE CITY TO HOST THE 3RD ANNUAL "MIAMI GARDENS WINE AND FOOD EXPERIENCE" IN THE FALL OF 2017, INCLUDING THE HIRING OF NECESSARY PROFESSIONALS; PROVIDING FOR December 14, 2016 City Council Minutes Page 10 A WAIVER OF BID PROCEDURES FOR PURCHASES MADE IN CONNECTION WITH THE EVENT; AUTHORIZING THE CITY MANAGER TO EXCEED HIS PURCHASING AUTHORITY AS MAY BE NECESSARY FOR THE EVENT PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN DAVIS) Councilwoman Odom said the Food and Wine event was an excellent event; however she has not received a report on the ticket sales the budget as it relates to this particular event. Motion offered by Councilwoman Robinson, seconded by Councilman Harris to defer this item to the January 11, 2017, City Council meeting. This would provide time to gather the necessary information for the final expenditure and revenue report. There being no further discussion, the motion to defer passed and carried by a unanimous voice vote of the members present. Councilwoman Davis shared that sponsors are already lining up for next year's event. She emphasized the importance of moving forward expeditiously. Councilwoman Robinson said she wanted to make sure that the budget for this item is presented. She shared that she did receive some numbers from the last event; however those numbers were not the final numbers. K-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO RETAIN CONSULTANTS, SEEK GRANTS AND EXECUTE CONTRACTS NECESSARY FOR THE PRODUCTION OF THE INTERNATIONAL MUSIC FESTIVAL TO BE HELD AT BETTY T. FERGUSON RECREATIONAL COMPLEX IN THE SUMMER OF 2017; AUTHORIZING A SPONSORSHIP FROM THE CITY; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN ERHABOR IGHODARO) Councilwoman Odom said the same applies to this item. She said she wanted to see a budgetary report on both items. Motion offered by Councilman Harris, seconded by Councilwoman Odom to defer this item to the January 11, 2017, City Council meeting. There being no further discussion to defer passed and carried by a unanimous vote of the Council. December 14, 2016 City Council Minutes Page 11 QUASI-JUDICIAL ZONING HEARINGS: 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(S): M-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY SUNBEAM REALTY, LLC FOR THE REZONING OF PROPERTY LOCATED AT 502 N.W. 207TH STREET, MIAMI GARDENS, FLORIDA, MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", ATTACHED HERETO, FROM AU — AGRICULTURAL AND UTILITIES DISTRICT TO R-25 MULTIPLE FAMILY DWELLING RESIDENTIAL; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (Deferred from November 9, 2016) Attorney Graham Penn, Bercow Radell and Fernandez, 200 South Biscayne Blvd., Suite 850, Miami Gardens, Florida, appeared before the City Council as the representative for Sunbeam Realty LLC, and requested a deferral of the item to the January 11, 2017, at 7:00 PM, City Council meeting. He cited a technical deficiency in the notification. The notice did not include the application number as the reason for the deferral. Attorney Dickens opined this is a technical deficiency that cannot be waived. She suggested moving this item to a time certain so that it does not have to be advertised again, but the notice has to be corrected. Motion offered by Councilwoman Robinson, seconded by Councilman Harris to defer this item to the January 11, 2017, City Council meeting. There being no further discussion, the motion to defer passed and carried by a 7-0 vote. Mayor Gilbert recessed the City Council meeting at 8:10 PM. The meeting was reconvened at 8:26 PM. (N) ORDINANCES ON FOR SECOND READING/PUBLIC HEARING(S) ORDINANCE NO. 2016-18-364 December 14, 2016 City Council Minutes Page 12 N-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY GREENSPOON MARDER ON BEHALF OF EASTGROUP PROPERTIES FOR THE REZONING OF PROPERTY LOCATED AT 21001 N.W. 27TH AVENUE, MIAMI GARDENS, FLORIDA, MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", ATTACHED HERETO, FROM AU — AGRICULTURAL AND UTILITIES DISTRICT WITH AN ENTERTAINMENT OVERLAY TO AU- AGRICULTURAL AND UTILITIES DISTRICT; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (1St Reading — October 26, 2016) 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 Robinson, seconded by Councilman Harris to adopt this item. There being no discussion, the motion to adopt passed and carried by a 7-0 vote. Councilman Harris: Yes Vice Mayor Ighodaro: Yes Councilwoman Odom: Yes Councilwoman Robinson: Yes Councilman Williams: Yes Councilwoman Davis: Yes Mayor Gilbert: Yes O) RESOLUTION(S)MUBLIC HEARING(S) 0-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA APPROVING THE SPECIAL EXCEPTION APPLICATION SUBMITTED BY FALLEN LEAVES RECOVERY, LLC., TO ALLOW A TREATMENT FACILITY IN THE PLANNED CORRIDOR DEVELOPMENT DISTRICT (PCD) FOR THE PROPERTY LOCATED AT 16805 N.W. 12TH AVENUE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (Deferred from November 9, 2016) Mayor Gilbert for the record stated that he had a meeting with residents about this item and declared that discussion will not affect his ability to be objective. December 14, 2016 City Council Minutes Page 13 Councilman Harris disclosed that he has met with residents about this item, and can be objective about this item. Councilman Williams disclosed that he has met with residents about this item, and can be objective about this item. Councilwoman Odom disclosed that he has met with residents about this item, and can be objective about this item. Councilwoman Davis disclosed that she has met with residents about this item, and can be objective. Vice Mayor Ighodaro disclosed that he had a meeting in regard to this item, and can be objective. Councilwoman Robinson disclosed that she has met with residents about this item, and can be objective. Attorney Albert Dotson Jr., Bilzin Sumberg Baena Price and Axelrod, LLP, Brickell Avenue, Suite 2300, Miami, Florida, appeared before the City Council representing the applicant. The applicant is seeking a Special Exception. For clarification he defined Special Exception. He displayed photographs of what the property looked like before it was acquired by the applicant. Nathan Fears, Chief Executive Officer Fallen Leaves Recovery Center appeared before the City Council and shared that is a recovery treatment facility and not a half -way house. The staff has over 200 years of experience. The facility has a strict enrollment and payment criteria for its clients. The facility also has an excellent security staff whose job is to protect the clients as well as the surrounding community. The facility is also a community neighbor and offers over $500,000.00, in scholarships to residents. This facility also treats people of color. Attorney Dotson reiterated this applicant is seeking a Special Exception as outlined in Section 34-48(g) of the City of Miami Gardens Land Use Code. The seven (7) criteria, which the applicant meets are as follows: 1) The special exception use will be consistent with the City's Comprehensive Development Master Plan (CDMP); 2) [This section does not apply]. The Special Exception use will be in harmony with the general character of the neighborhood considering population density, design, scale and bulk of any proposed new structures intensity and character of activity, traffic and parking conditions and number of similar uses; 3)(a) The special exception use will not be detrimental to the peaceful enjoyment of surrounding properties or the general neighborhood; Research indicates that this type of facility does not increase crime. There is no evidence anywhere that this type of institute attracts crime, substance abuse treatment facilities is most cost effective than jail; twenty four hours security is provided in this facility; 3)(b) the special exception use will not be detrimental to the economic value of surrounding properties or the general neighborhood; the property appraiser's assessment reflects that property values have actually gone up in areas; the 2008-2016 property appraiser's December 14, 2016 City Council Minutes Page 14 assessment reflects that property values were down when the hotel was in place; 3)(c) the special exception use will not be detrimental to the development of surrounding properties or the general neighborhood; several businesses have submitted letters of support for this type of use; this proposal would most likely encourage economic development; 3)(d) [staff did not raise this as an issue] he special exception use will cause no objectionable noises, vibrations, fumes, orders, dust, glare, electrical interference, or physical activity; 4) [staff did not raise this as an issue] the special exception use will have no detrimental effect on vehicular or pedestrian circulation and flow within the vicinity of the use. The special exception will not adversely affect the health, safety, security, morals or general welfare of residents, visitors, or workers in the area; 5) [staff did not raise this as an issue] the special exception will not, in conjunction with existing and proposed development in the area and development permitted under existing zoning, overburden existing public services and facilities, including schools, parks, police and fire protection, water, sanitary sewer, public roads, stormwater drainage and other public improvements and services; 6) [staff did not raise this as an issue] that the special exception use otherwise meets the definition standards set forth elsewhere in this chapter for such particular use; Fallen Leaves is a permitted use by code without a public hearing; and 7) [staff did not raise this as an issue] that development, use and operation of the site will be in compliance with all applicable code regulations, development standards and any additional standards imposed by the city council or zoning appeals board with the intent of protecting adjacent properties and preserving neighborhood character. Code requirements that do not exist cannot be imposed. Attorney Dotson stated that staff analysis basically said, "The proposed special exception use is not consistent with the Goals, Objectives and Policies of the Commerce designation with the Palmetto Expressway Area as outlined in the City's CDMP". Staff's analysis further stated, "The proposed special exception use is not in harmony with the general character of activity within the neighborhood which is geared more towards office, professional and institutional use along with nationally recognized commercial tenants such as Mercedes-Benz and United Automobile Insurance Company". Support letters from Auto Nations, Jerry Rushin, Reverend Richardson. Staff analysis also indicated that, "The proposed special exception use may cause objectionable impacts to the peaceful enjoyment, economic value and development of surrounding properties or the general neighborhood. None of the statistical data reviewed indicates that criminal activity will increase with this particular use. Attorney Dotson stated that the law is also on the applicant's side as it relates to the America Disability Act. This facility and its clients are protected by the American Disability Act, the Federal Housing Act and the Florida Civil Rights Act 1992. Discrimination against disabled persons violates the Federal Fair Housing Act, the Americans with Disabilities Act, and the Florida Civil Rights Act of 1992. Vanester Jones, Founder and CEO and Consulting and Services Inc., appeared before the City Council to highlight some of the issues associated with substance abuse, which equates to disabilities covered by the American Disability Act. Fallen Leaves being licensed by the Department of Children and Family access each client prior to admission for treatment. Attorney Dotson shared that just last month an opinion was issued by the Federal Government on how State and Local Use Laws and Practices and the application of Fair Housing December 14, 2016 City Council Minutes Page 15 Act. That statement indicates that the Fair Housing Act prohibits a broad range of housing practices that discriminate against individuals on the basis of race, color, religion, sex, disability, familiar status or national origin. Imposing restrictions or additional conditions on group housing for persons with disabilities that are not imposed on families or other groups or unrelated individuals, violates the Fair Housing Act. In addition imposing restrictions on housing because of alleged public safety concerns that are based on stereotypes also violates the Fair Housing Act. Refusing to provide reasonable accommodations to land use or zoning policies when such accommodations may be necessary to allow persons with disabilities to have equal opportunity to use and enjoy housing; violates the Fair Housing Act. Mayor Gilbert recessed the meeting at 9:25 PM. The meeting was reconvened at 9:36 PM. Attorney Dotson shared just last week there was a case in Florida that was decided where the neighbors all came out and talked about the crime this particular use would create. They talked about decrease in property value. That particular application for a Special Exception was denied. That decision was appealed. The appeal court said that that municipality could not deny a special exception application. In the case of Sandu v. Town of Magnolia Park, the court quashed Zoning Board's denial of special exception where applicant provided competent substantial evidence that criteria were met and Zoning Board did not meet the burden of showing same were not met. Metro.Dade County v. Blumenthal states, "Generalized statement of opposition is not considered competent substantial evidence". In Irvine v. Duval County Planning Commission, it states, "An applicant for a special exception has initial burden of showing by competent substantial evidence that exception criteria are met. Burden then shifts to the local government to demonstrate, by substantial evidence presented at the hearing and made a part of the record, that the special exception requested did not meet criteria and was adverse to the public interest". Attorney Dotson stated as to Community Support and Outreach, letters of support for this application. A community advisory council has also been put together to have discussion on an on-going basis. This is a community partner that provides scholarships to community members. This community partner will also decrease crime, increase value and spur economic development. The following Members of the Fallen Leaves Community Advisory Council appeared before the City Council in support of this item: Marcus Thomas, 19614 NW 32nd Court Miami Gardens, Florida; Paula Pierson -Tucker, Director and Founder of For Life, Inc., 17741 NW 28th Court, Miami Gardens, Florida; Laura Gray, an employee of Miami -Dade Fire Rescue, with a residential address in the Andover area; Dexter , Department of Miami -Dade Corrections; Marvin Jones. Attorney Dotson asked everyone in support of this item to stand. He indicated that the overall majority of the audience standing is in support of this item. Mayor Gilbert opened the floor for this public hearing. December 14, 2016 City Council Minutes Page 16 Carroll Lawrence, 831 NW 207th Street, Miami Gardens, Florida, appeared before the City Council and stated that she is neither in support or object to this project. She shared that just this week she was listening to public radio and the discussion was about lucrative businesses and these types of businesses. She said the businesses actually pay a referral fee in the amount of $1,000.00, to refer people to self-services. She shared that the Justice Department actually shut down some of these organizations. She asked whether there was an anticipated compliance plan to ensure the integrity of this business so that residents of Miami Gardens will not be concerned about a dark cloud, if this special exception is approved. Richard Thompson appeared before the City Council in support of this application. He shared that he currently lives in Plantation, Florida, however he grew up in Miami Gardens. He opined that Miami Gardens is moving in the right direction with positive events like Jazz in the Gardens and the Food and Wine Experience. He opined this business is another move in the right direction. This organization is providing services to our people in our community. There is also a check and balance system. Peter Longhorn, 17220 NW 14th Avenue, Miami Gardens, Florida, appeared before the City Council and stated that Fallen Leaves is a for-profit organization. He said the information provided from 2008 is misleading because the economy was coming out of a recession. Miami Gardens is not a part of Mercedes Benz address. The other areas mentioned are known for having healthy real estates. He stated that he would be directly impacted by this facility because his residence is on 172nd Street. He opined Miami Gardens in a fragile state as it tries to regroup and rebuild, and did not think that it [Miami Gardens] should be supporting this type of business at this time. Sharon Mathis, 17211 NW 12th Court, appeared before the City Council to express that the individuals who appeared before the Council in support of this item are not residents of the Scott Lakes area. Many of the stats provided are from other areas and not Miami Gardens. Essie Jones Ferguson, 1350 NW 173rd Terrace, Miami Gardens, Florida, appeared before the City Council to state that none of the individuals listed as supporters of this project are representatives of the Scott Lakes community. She opined this facility is not here to help this community, it is here for-profit. Janet Lawrence, 17110 NW 14th Avenue, Miami Gardens, Florida, appeared before the City Council to object to this facility being located in her community. She opined that Fallen Leaves is a good thing for those needing held. She said she would prefer a nice hotel or restaurant or a tourist attraction that would bring revenue into the community. Tony Lawrence, 17110 NW 14th Avenue, Miami Gardens, Florida, appeared before the City Council in opposition to this request. He objected to the facility building a wall around the property, which is located near the NW 12th Avenue Palmetto exit. Shirley Gibson appeared before the City Council and congratulated Mayor Gilbert on his re-election victory. She conveyed understanding of the viability of Fallen Leaves. She recounted when the Comp Plan was being mapped out there were extensive studies done of the December 14, 2016 City Council Minutes Page 17 Palmetto corridor for moving forward with the economic development of the City of Miami Gardens. She opined the City falls in a very special category when it comes to economic development in our community. This has a lot to do with the make-up of the community. She stressed the importance of having businesses come into the city that adds value. She conveyed her belief that Fallen Leaves does not meet that category moving forward in the future of what the City would like to have here. She emphasized the importance of having businesses come into this community that really impacts the economic growth. She asked for clarification of the $500,000, scholarship. She asked the Council to think about economic development when making their decision on this item. Ms. Alfonzo 14457 SW 20th Street, Miami, FL, appeared before the City Council in support of Fallen Leaves application. Charlie Rolle, a resident of the City of Miami Gardens appeared before the City Council in support of Fallen Leaves. He shared that Fallen Leaves saved his family member's life. Troy Marshall, 3195 NW 175th Street, Miami Gardens, Florida, appeared before the City Council in support Fallen Leaves. Sharma Holmes appeared before the City Council in opposition to this application. She said the crime stats provided cannot be compared to the crime stats in Miami Gardens. Drug addiction goes along with property crimes. People commit property crimes to feed their drug addiction when the program don't work. Shellie Ann Carpenter, 1355 NW 1St Avenue, Miami, Florida, appeared before the City Council in support of this application. She shared that she has over 20 years of mental health experience. Prevention does save lives. Michael Baer, a resident of Hallandale Beach resident appeared before the City Council in support of this application. He said he been around this industry for approximately twenty years and the measures being taking are excellent. Mark Napolitano, President of Sunshine Industrial Park, 16560 NW 10th Avenue, Miami Gardens, Florida, appeared before the City Council to ask that them to deny this application. He said he did not live in this community but he works here and has had a vested interested for over 35 years. He opined denying this item is the right thing to do. The Special Exception is there for a reason and that reason is to deny it. Doris Johnson appeared before the City Council and stated the facility is needed but the location is the concern. She indicated that the children are the most important factor in this process. She also asked for clarification on the $500,000.00, scholarship. She questioned how are the patients referred. She said this is a working community and because of that she wants to make sure the children are safe. Francis Ragoo, 889 NW 214th Street, Miami Gardens, Florida, appeared before the City of Miami Gardens to express concern with the individuals who spoke in support of Fallen Years. December 14, 2016 City Council Minutes Page 18 He opined those individuals do not live in the Scott Lake area or the City of Miami Gardens. He asked that this application be denied. After there were on other interested parties to speak on this item, this public hearing closed. Mayor Gilbert recessed the meeting at 10:55 PM, and reconvened at 10:57 PM. Nakeischea Smith, Planning and Zoning Director appeared before the City Council and stated the applicant, Fallen Leaves Recovery wishes to renovate the existing hotel facility and utilize the site for a treatment facility providing high-end inpatient rehabilitation and recovery, including detoxification, partial hospitalization and aftercare therapeutic services for individuals suffering with drug and alcohol addiction. According to Section 34-287 — Use regulations of the City's Land Development Regulations, a Special Exception approval is required in order to permit a treatment facility in the PCD zoning district. As defined, a Special Exception use is deemed to be generally unsuitable for location in such district but may be permitted on a case- by-case basis if, after review and possible attachment of conditions the city determines is appropriate in that zoning district. In the staff analysis the consistency with the Comprehensive Plan is reviewed. The Comprehensive Plan states that revitalization efforts are the focus on economic generated on the greatest positive impact, with minimal negative impact on adjacent neighborhoods. Future development and redevelopment in the within the Commerce areas should be created to provide attractive urban places to live, work and shop. The main premise of the Comprehensive Masterplan is to revitalize and redevelop and provide positive impacts to the city. Based on staff's review staff is recommending denial of the application due to the inconsistencies with the Comprehensive Development Plan. Nathan Fears reappeared before the City Council and shared that Fallen Leaves has already implemented a Compliance Committee to make sure all legal aspects are met. This facility does not admit any court offenders. The cost for treatment is approximately $25,000, for thirty days or more. The $500,000, is for Miami Gardens residents only. Attorney Dotson shared that Fallen Leaves reached out to the Scott Lakes residents and they did not respond. He said the other facilities mentioned are not located in the most affluent neighborhoods, however the property values around these facilities have continued to go up. There have been no incidents from Florida House as it relates to crime. Lastly, the reason for a special exception is not for the purpose of denial. Mayor Gilbert clarified that Attorney Dotson was not saying that property values went up because of Florida House, but that they did go up. He asked Attorney Dotson when did he get the support letter from the Vice President of Auto Nation. Attorney Dotson in response to Mayor Gilbert's inquiry stated the person that secured that letter from Auto Nations corporate office is not in the room. He said he received the letter on yesterday. Mayor Gilbert shared that the writer of the support letter has not worked at Auto Nations December 14, 2016 City Council Minutes Page 19 since August 2016. He opined the individual who wrote the support didn't appear to be in a position to make the decision anyway. Attorney Dotson in response to Mayor Gilbert's comments said what he can say is that the person who signed the letter is Auto Nations, however, he could not say when the letter was signed. Motion offered by Councilwoman Robinson, seconded by Councilwoman Odom to adopt this item. Attorney Dickens clarified as it relates to the Special Exception, the applicant has the burden to prove that they meet requirements that are outlined in the Code. The Council has to make that determination as to whether they met that burden or not. If in fact the Council makes that determination then the burden shifts to the City to show that the applicant did or did not. If the Council determined that the applicant did not meet it, they have to look at the criteria in the Code. Evidence of the applicant has to be supported by Confident Substantial Evidence in the record. Staff report has been read into the record. The Council can base their decision on that or on the Confident Substantial Evidence from the applicant. As it relates Fair Housing Act, the case law on that issue is broad. There is only case in Florida that reached the 11th Circuit. Under the Fair Housing Law if it is ultimately determined by a court the dwelling has to meet the definition of the statutes. If they can say they are a dwelling under the statute they would have to show that you discriminated against the people living there. First, the applicant has to prove this is a dwelling as determined by case law. Councilman Williams asked what is the value of this real estate, and how much taxes would be paid to the City. Councilwoman Davis asked whether this 170 bed facility was currently occupied. Attorney Dotson said the estimated property tax is currently $27,000. At present patients are being treated at this facility. Mayor Gilbert stated his appreciation to those individuals who came out in support and opposition to this item. This Council is charged with doing what is best for the entire City. When looking at the land use and that corridor, it is important to note that the City wants a lot of uses at that site. The City wants businesses that create activity. Fallen Leaves provides a necessary service, but that doesn't mean it is appropriate for that commercial corridor. He stated that he was sympathic to what the applicant wanted to do. He stated that he found this applicant to be inconsistent with the land use criteria and what the City wants to see what happens there. He stated that he was not going to support the item. There being no further discussion, the motion to adopt failed by a 0-7 vote. Vice Mayor Ighodaro: No Councilwoman Odom: No Councilwoman Robinson: No December 14, 2016 City Council Minutes Page 20 Councilman Williams: No Councilwoman Davis: No Councilman Harris: No Mayor Gilbert: No RESOLUTION NO. 2016-206-3105 0-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, DENYING THE SPECIAL EXCEPTION APPLICATION SUBMITTED BY FALLEN LEAVES RECOVERY LLC, TO ALLOW A TREATMENT FACILITY IN THE PLANNED CORRIDOR DEVELOPMENT DISTRICT (PCD) FOR THE PROPERTY LOCATED AT 16805 NW 12TH AVENUE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. P) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK P-1) MGPD Monthly Report — October 2016 Q) REPORTS OF MAYOR AND COUNCIL MEMBERS Q-1) Councilman David Williams Jr. — Education Compact Councilwoman Odom announced that she will be hosting a toy give away, Saturday, December 17, 2016, at Buccaneer Park. Councilwoman Robinson stated that she supports the Wine and Food Event as well as the IMFEST; however she wanted to see exact numbers. Vice Mayor Ighodaro congratulated Mayor Gilbert and Councilman Williams on their recent re-election wins. He further asked for clarification whether the Bunche Park Pool would be completed by 2017. Mayor Gilbert clarified the Bunche Park Pool would be start by 2017 and be completed within 2018. R) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC None December 14, 2016 City Council Minutes Page 21 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 11:57 PM Attest: t� Oliver Gilbert, Mayor Ronetta Taylor, MMC, ty Clerk December 14, 2016 City Council Minutes Page 22