HomeMy WebLinkAbout01.11.2017 - City Council MinutesCITY OF MIAMI GARDENS
REGULAR CITY COUNCIL MINUTES
JANUARY 11, 2017
(A) CALL TO ORDER/ROLL CALL
The City Council for the City of Miami Gardens, Florida, met in regular session,
Wednesday, January 11, 2017, beginning at 7:00 PM, 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 Erhabor Ighodaro and Council members: 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 —December 14, 2016
Approval deferred
(E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time)
Items K-4 and K-5 were pulled from the Consent Agenda by Councilwoman Odom
Item K-10 was removed from the Official Agenda by Manager Benson
Revised items K-1 and K-2 were provided
Mayor Gilbert moved Item 0-1 forward on the Official Agenda to be heard after public
comments.
Motion offered by Councilwoman Robinson, seconded by Councilman Harris to approve
the official agenda with the necessary amendments.
There being no discussion, the motion to approve passed and carried by a unanimous
voice vote of the City Council members present.
(F) SPECIAL PRESENTATIONS (5 minutes each)
January 11, 2017, City Council Minutes Page 1
None
(G) PUBLIC COMMENTS
Ulysses Harvard, 16201 NW 22nd Court, Miami Gardens, Florida, appeared before the
City Council to address Item K-2, and asked what happens if a grant is applied for and not
received. Would the City of Miami Gardens incur that expense? He further referenced Items
K-8 and K-9, and stated that there is no indication as to who the vehicles were being purchased
for. The documentation provided only states "unmarked" vehicles.
Jo Ann Harris, 5020 NW 19th Street, Miami, Florida, appeared before the City Council to
thank them for their continued support of the youth of Miami Gardens and the Drum Program
the Betty T. Ferguson Recreation Complex.
Marlene Arribas, 20630 North Miami Avenue, Miami Gardens, Florida, appeared before
the City Council in support of the Third Annual Wine and Food Experience Event.
Mayor Gilbert informed everyone signed up to speak on Item K-1, has essentially been
adopted by virtue of remaining on the Consent Agenda.
Linda Hodges Holloway, 748 NW 204th Street, Miami Gardens, Florida, appeared before
the City Council to thank them for approving the Wine and Food Experience event.
There being no other interested parties to speak during public comments. Public
comments were closed.
(H) ORDINANCE(S) FOR FIRST READING:
None
(I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S)
ORDINANCE NO. 2017-01-365
I-1) 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
January 11, 2017, City Council Minutes Page 2
EFFECTIVE DATE. (SPONSORED BY COUNCILMAN DAVID
WILLIAMS JR.)
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 Councilman Williams, seconded by Councilwoman Davis to adopt
this item.
There being no discussion, the motion to adopt passed and carried by a 7-0 vote.
Councilwoman Davis:
Yes
Councilman Harris:
Yes
Vice Mayor Ighodaro:
Yes
Councilwoman Odom:
Yes
Councilwoman Robinson:
Yes
Councilman Williams:
Yes
Mayor Gilbert:
Yes
(.n RESOLUTION(S)/PUBLIC HEARING(S)
None
(K) CONSENT AGENDA:
RESOLUTION NO. 2017-01-3106
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
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) (DEFERRED FROM DECEMBER 14, 2016)
RESOLUTION NO. 2017-02-3107
K-2) 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
January 11, 2017, City Council Minutes Page 3
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)
RESOLUTION NO. 2017-03-3108
K-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, ACKNOWLEDGING VICE
MAYOR ERHABOR IGHODARO'S APPOINTMENT OF
LANETTE JONES TO THE COMMISSION FOR WOMEN
ADVISORY COMMITTEE FOR A TERM THAT WILL
COINCIDE WITH THE TERM OF THE VICE MAYOR;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY
VICE MAYOR ERHABOR IGHODARO)
RESOLUTION NO. 2017-06-3111
K-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, ALLOCATING FUNDS FROM
COUNCILWOMAN ROBINSON'S SPECIAL EVENTS ACCOUNT
(01-11-01-511-494-01), TO SUPPORT THE AMERICAN HEART
ASSOCIATION GO RED DAY ON FEBRUARY 3, 2017;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY
COUNCILWOMAN ROBINSON)
RESOLUTION NO. 2017-07-3112
K-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, APPOINTING DAWN GRACE
JONES AND QUENTIN MORGAN AS SPECIAL MASTERS AND
LOCAL HEARING OFFICERS; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING AN
EFFECTIVE DATE. (SPONSORED BY THE CITY ATTORNEY)
RESOLUTION NO. 2017-08-3113
K-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ISSUE PURCHASE ORDERS TO DUVAL FORD
INC., OF JACKSONVILLE, FLORIDA, FOR THE PURCHASE OF
FIVE FLEET VEHICLES IN AN AMOUNT NOT TO EXCEED
ONE HUNDRED FORTY TWO THOUSAND THIRTY TWO
DOLLARS ($142,032.00) BY RELYING UPON THAT CERTAIN
FLORIDA SHERRIFF'S ASSOCIATION CONTRACT FSA 16-
VEL24.0; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
(SPONSORED BY THE CITY MANAGER)
January 11, 2017, City Council Minutes Page 4
RESOLUTION. NO. 2017-09-3114
K-9) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ISSUE PURCHASE ORDERS TO HUB CITY, INC.,
OF JACKSONVILLE, FLORIDA FOR THE PURCHASE OF TWO
(2) UNMARKED 2016 FORD EXPEDITIONS, IN AN AMOUNT
NOT TO EXCEED SIXTY-THREE THOUSAND FOUR HUNDRED
FORTY-SIX DOLLARS ($63,446.00), BY RELYING UPON
FLORIDA SHERIFFS ASSOCIATION CONTRACT FSA16-
VEL24.0; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
(SPONSORED BY THE CITY MANAGER)
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RESOLUTION NO. 2017-11-3116
K-11) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH SAFEWARE,
INC., FOR THE PURCHASE OF A PHYSICAL SECURITY
INFORMATION MANAGEMENT SOLUTION, IN AN AMOUNT
NOT TO EXCEED TWO HUNDRED THIRTY THOUSAND
SEVENTY FIVE DOLLARS ($230,075.00), BY RELYING ON U.S.
COMMUNITIES GOVERNMENT PURCHASING ALLIANCE RFP
NUMBER 11-205753-10; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
(SPONSORED BY THE CITY MANAGER)
RESOLUTION NO. 2017-12-3117
K-12) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
January 11, 2017, City Council Minutes Page 5
MANAGER AND THE CITY CLERK TO EXECUTE AND
ATTEST RESPECTIVELY, THAT CERTAIN AGREEMENT
WITH THE UNIVERSITY OF SOUTH FLORIDA'S CENTER FOR
URBAN TRANSPORTATION FOR THE ACCEPTANCE OF THE
URBAN TRANSPORTATION RESEARCH GRANT IN THE
AMOUNT OF SIXTEEN THOUSAND DOLLARS ($16,000.00) FOR
A PEDESTRIAN AND BICYCLE SAFETY PROGRAM, A COPY
OF WHICH IS ATTACHED HERETO TO AS EXHIBIT "A";
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND
ALL AGREEMENTS AS A RESULT OF THIS GRANT PROCESS;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE
CITY MANAGER)
RESOLUTION NO. 2017-13-3118
K-13) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER TO ISSUE A PURCHASE ORDER TO TYLER
TECHNOLOGIES INC., FOR MAINTENANCE SUPPORT AND
LICENSES FOR THE EDEN SOFTWARE PACKAGE IN THE
AMOUNT OF NINETY-FOUR THOUSAND EIGHT HUNDRED
FORTY DOLLARS AND TWENTY-ONE CENTS ($94,840.21), FOR
FISCAL YEAR 2017; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
(SPONSORED BY THE CITY MANAGER)
RESOLUTION NO. 2017-14-3119
K-14) 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 FLORIDA DEPARTMENT OF ECONOMIC
OPPORTUNITY FOR THE ACCEPTANCE OF THE
COMMUNITY PLANNING TECHNICAL ASSISTANCE GRANT
IN THE AMOUNT OF TWENTY-FIVE THOUSAND DOLLARS
($25,000.00) TO ASSIST WITH THE DEVELOPMENT OF URBAN
DESIGN STANDARDS WITHIN THE ENTERTAINMENT
OVERLAY DISTRICT, A COPY OF WHICH IS ATTACHED
HERETO TO AS EXHIBIT "A"; AUTHORIZING THE CITY
MANAGER TO EXECUTE ANY AND ALL AGREEMENTS AS A
RESULT OF THIS GRANT PROCESS; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
Motion offered by Councilman Williams, seconded by Councilwoman Davis to adopt
the Consent Agenda.
January 11, 2017, City Council Minutes Page 6
There being no discussion, the motion to adopt passed and carried by a unanimous vote
of the City Council members present.
(L) RESOLUTION(S)
RESOLUTION NO. 2017-04-3109
K-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, URGING THE FLORIDA HOUSE
OF REPRESENTATIVES AND THE FLORIDA SENATE TO
ALLOW FOR LOCAL REGULATION OF PLASTIC BAGS IN
ACCORDANCE WITH FLORIDA STATUE 403.7033; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING
FOR AN EFFECTIVE DATE. (SPONSORED BY VICE MAYOR
IGHODARO)
Councilwoman Odom explained she had pulled Items K-4 and K-5 for further
explanation so that the residents understands. She opined these items should have not been on
the consent agenda because they directly impact the residents. She said the elimination of the
plastic bags and the implementation of the reusable bags would impact residents because there
will probably be a fee for the reusable bags.
Mayor Gilbert said this item just ask the legislature to allow for local regulations.
Vice Mayor Ighodaro stated the item is self-explanatory and environmentally sound.
Motion offered by Mayor Gilbert, seconded by Councilman Harris to adopt this item.
At the conclusion of this discussion, the motion to adopt passed and carried by a
unanimous vote of the Council.
item.
RESOLUTION NO. 2017-05-3110
K-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, SUPPORTING MIAMI-DADE
COUNTY RESOLUTION NUMBER R-325-16, URGING THE
EXPEDITIOUS PLANNING OF PHASE II OF THE BISCAYNE
BAY COSTAL WETLANDS PROJECT; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE. (SPONSORED BY COUNCILMAN DAVID
WILLIAMS JR.)
Motion offered by Councilman Williams, seconded by Councilman Harris to adopt this
Councilman Williams said the Biscayne Bay Costal Wetlands Project is very important.
January 11, 2017, City Council Minutes Page 7
The bottom line is that you do not want salt water messing up the whole ecological system.
At the conclusion of this discussion the motion to adopt passed and carried by a
unanimous vote of the Council.
QUASI-JUDICIAL ZONING HEARINGS:
Nakeischea Smith, Planning and Zoning Director, appeared before the City Council to
outline the process used for the Quasi -Judicial items.
City Clerk Taylor, administered the Oath to those participating in the 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) (Deferred from December 14, 2016)
Graham Penn, 200 South Biscayne Boulevard, Miami, Florida, appeared before the City
Council as the representative for the applicant. He recounted this was deferred previously due
to an error on the posted notice. That posted has been amended. The applicant now believes
that the intent and the letter of the law has been resolved. This is a thirty (3 8) acre site used to be
a tower facility. This process started last summer and the applicant has been working with the
Andover community during that time and is committed to continue working with the
neighborhood to resolve any remaining issues. There are concerns about this development and
the fact that there are apartments as part of the project. The applicant believes a protective
covenant would satisfy those concerns. This rezoning request is to R-25 "Multiple Family
Dwelling Residential", even though this particular site has a lower density. The proposal has
garden apartments on the south side and townhomes on the north side. Preparations in the design
have been made to address the storm water issue. Both communities have been designed to
function separately. When the project is completed it will generate approximately $470,000.00,
in Ad Valorem taxes. Each townhouse will have three parking spaces plus guest spaces.
Attorney Penn shared the applicant has had several meetings with the relevant
January 11, 2017, City Council Minutes Page 8
associations in this area. The concerns raised at those meeting involved the two existing guard
gates; the only way to get out is on 441; the adding of these additional units will increase the
flow of traffic in this area; whether the quality and caliber of the project is consistent with the
current neighborhood. The applicant has done a lot of work to address each of those issues. To
address the traffic flow issue, each resident of this development will get a transporter in addition,
provide cameras through a Special Taxing District (if approved), at the guard gate to take
pictures of each license plate. This would eliminate the guard having to physically write down
the license number of each vehicle visiting this area. The applicant is also proposing to help with
the traffic flow to design and construct a third entrance into the community. Currently there are
no recreational facilities within this overall community. The project has also been redesigned to
have a three acre park site within the development, which would be donated to the City.
Attorney Penn opined adding that third entrance and exit as well as the recreational space
is a tremendous benefit to this community. In addition this is a market rate rental community
proposal. The proposal also includes twenty four (24) hour security, with a roving security
guard. An apartment for Miami Gardens' police officers will also be provided. One of the
concerns raised about the townhouse units is that people will purchase and then immediately rent
the unit; the covenant would specify that the townhouse would have to be owner occupied for at
least one year. The covenant would also address the frequency in which the buildings must be
painted as well as the maintenance of the irrigation system. An HOA would be established to
provide for maintenance of the common areas.
Attorney Penn asked for approval of this item on for first reading. The applicant has
addressed many of the concerns raised by the residents.
Councilman Williams inquired about the taxable value of the development.
Attorney Penn in response to Councilman Williams' inquiry said the amount is
approximately $470,000.00, annually.
Councilwoman Davis asked about the number of apartments and townhomes to be built
on this property and the increase in traffic.
Attorney Penn in response to Councilwoman Davis' inquiry said the proposal is to build
324 apartments and 132 townhomes. The traffic issue will be addressed once the site plan is
approved.
Councilwoman Davis stated that her biggest concern is drainage.
Attorney Penn in response to Councilwoman Davis' inquiry said the manmade lake will
have the capacity to fully address the drainage issue. He reiterated that the developer is
proposing to provide three (3) acres of land within the development for park use. This three (3)
acres would be turned over to the City for public use. The City and community can then decide
how best to develop this site for public use.
Councilwoman Odom commented that the applicant has provided an extensive
January 11, 2017, City Council Minutes Page 9
presentation and asked whether this same information has been provided to the different
associations.
Attorney Penn in response to Councilwoman Odom said the offers provided in the
presentation are a direct result of what the community has stated as concerns.
Councilman Harris asked whether Coconut Cay would be able to tap into this
development's drainage system.
Attorney Penn in response to Councilman Harris' inquiry said the lake is being designed
to accommodate this particular development's stormwater system.
Vice Mayor Ighodaro stated that he did not know how the residents felt about the
developer's proposal and wanted to hear their thoughts. He expressed concern with the traffic
flow and said the covenant must be enforced.
Attorney Penn in response to Vice Mayor Ighodaro said the covenant runs with the land
and everything that is listed in that covenant is enforceable by the City.
Mayor Gilbert asked whether it was possible to make the Andover Civic Association a
part of this covenant so that they can enforce it.
Attorney Dickens in response to Mayor Gilbert's inquiry said this is not the City's
covenant, however the developer can make whomever he wants a part of the covenant. She
further explained there will be another covenant (homeowners covenant), which is separate and
apart from this covenant.
Attorney Penn stated that he honestly had not thought about a third party code
enforcement in this covenant. However, this is something that should be considered.
Mayor Gilbert said the theory is, if this item passes first reading and we flush out the
ideas about how systems are enforced he did not want the city to be the only enforcement
mechanism. Currently the city has nine (9) code enforcement officers for a population of
111,000 residents. He referenced the one year owner occupied provision and whether there was
a difference between one and two years.
Attorney Penn in reference to Mayor Gilbert's inquiry said the one year owner occupied
provision is the standard. He said this option can be reviewed.
Mayor Gilbert opined that two years is reasonable.
Manager Benson referenced the three (3) acres being set aside for a park use and opined,
at least five (5) acres would be necessary to build a nice facility.
Mayor Gilbert said as it related to the park facility he wanted something big enough to
accommodate the residents in this community. He asked the City Manager whether the three (3)
January 11, 2017, City Council Minutes Page 10
acres is enough space to build the facility.
Manager Benson in response to Mayor Gilbert's question said, "No".
Mayor Gilbert concurred with Vice Mayor Ighodaro that a traffic study was warranted.
Mayor Gilbert opened the floor for the public hearing.
Jeff Wright, Groede, Adamczyk, DeBoest and Cross, LLC, 8950 Fontana del Sol Way,
Naples, Florida, appeared before the City Council as the legal representative for Coconut Cay
Homeowners Association. He recounted this item was deferred from the last meeting because
there was a defect with the notification. He opined there is still a defective notice and has been
for all three of the hearings that have been scheduled as it relates to this project. He said you
cannot continue a land use item that is based on a defective proceeding. He asked what is the
official first hearing date for this application. Was it November 9, 2016 or is it today, January
11, 2017.
Mayor Gilbert said he was comfortable with the item however if Coconut Cay wanted to
challenge this, that was okay. The City of Miami Gardens did not have a dog in this fight.
Attorney Dickens said this is the first time the Council is hearing this item, tonight. She
asked for further clarification on the notification.
Attorney Wright explained, in November notices were mailed out to the residents, which
was defective.
Attorney Dickens explained the law as it relates to zoning matters. She stated as long as
the item has advertised properly the item is allowed to go forward. If at the meeting the Council
decides it is going to defer an item to another meeting at a time certain on the record. The state
considers that proper notice.
Attorney Wright reiterated that notice is very important and provides an opportunity to
work with the community.
Mayor Gilbert said if this item passes on to 2nd reading, the developer can meet with the
community again.
Attorney Wright opined that Coconut Cay will suffer adverse effect. This includes health
and safety of neighboring property owners, police protection service, traffic and transportation
facilities, environmental and natural resources. He opined those concerns have not adequately
been addressed in the documentation presented. He cites land use density and impacts of the
potential development have not been addressed. The developer is support to use innovative
techniques as it relates to transit areas. The required utility system was also not addressed.
There is no historical and research data. He emphasized the Council has to look at this proposal
to ensure that it is consistent with the Comprehensive Development Plan.
January 11, 2017, City Council Minutes Page 11
Attorney Wright asked that the Council deny this request based the project not being
consistent with the Comprehensive Development Plan as well as the fact that there was defective
notification.
Troy Jones, President Coconut Cay HMO, 20547 NW 9th Avenue, Miami Gardens,
Florida, appeared before the City Council and shared that the location of where the proposed
park would be located is not convenient for all residents this this community. The impact of the
increased traffic is a concern as well.
W. Ervan Miller, President Andover Civic Association, 1370 NW 207th Street, Miami
Gardens, Florida, appeared before the City Council to state for the record that no member of the
Andover Civic Association has been approached by the developer or any representative of the
developer and offered money for endorsement of this application for approval. He said the
developer came to the Andover Civic Association with its first set of plans, which the
"Association" found to be unacceptable. He shared that he personally did not want the park
element. He further shared that his community currently has townhomes and apartments, which
has not no effect on his property value. He opined that the proposed development will not have
any adverse effect on his property value. He stated that he along with the membership of the
Andover Civic Association recommends the approval of this application.
Moises Assael, 20566 NW 8th Court, Miami Gardens, Florida, appeared before the City
Council to express concern with the new development and the present sewer system. He also
expressed concern with the narrow street as well as the impact on the police and fire rescue. He
said if there was an ingress and egress on both the north and south side that would help in
address the traffic flow.
Mayor Gilbert asked the City Manager to provide information if there is a way to address
the 204th Street entrance.
Barbara Gockenbach Mosley, 1344 NW 207th Street, Miami Gardens, Florida, appeared
before the City Council to express concern with the traffic light, which is causing the traffic
backup. She expressed concern with the number of individuals this particular development
would bring into the area. She expressed concern with the apartments would be rented to
Section 8 recipients. She opined police and fire rescue personnel already live in this community.
She stated we do not need or want these apartments in our area.
Robert Brown, 20394 NW 14th Place, Miami Gardens, Florida, appeared before the City
Council in opposition to this rezoning request. He said the guard gate option is not plausible.
Kevin Prophese, 832 NW 206th Terrace, Miami Gardens, Florida, appeared before the
City Council as representing the Coconut Cay and Andover communities. He presented a
petition opposing the development. He stated that he was a bit disturbed by comments made by
Mr. Miller that this development would not affect their property values.
Marlene Arribas, 20630 NW Miami Avenue, Miami Gardens, Florida, appeared before
the City Council and shared that she lives on the eastside of NW 7th Avenue. She said there is a
January 11, 2017, City Council Minutes Page 12
traffic problem now; with this new proposed development as well as the development near
Sharpe Towers the traffic situation would be horrific. She asked the Council to give the traffic
situation consideration when deliberating on this item.
Linda Hodges Holloway, 748 NW 204th Street, Miami Gardens, Florida, appeared before
the City Council in opposition to this request. She said a park in the Coconut Cay and Andover
communities would be an asset. However the traffic is a major problem in this area.
Jorge and Maria Rodriguez, 900 NW 207th Street, Miami Gardens, Florida, appeared
before the City Council in opposition to this request. He opined this will be a direct hit to the
value of their home.
closed.
After there were no other interested parties to speak on this item the public hearing was
Mayor Gilbert recessed the meeting at 8:49 PM. Meeting reconvened at 8:56 PM.
Attorney Penn stated that the concerns raised by the residents can be addressed during the
site plan process, and not at the rezoning hearing. He touched on the petition submitted, which
cited low income apartments. He reiterated that the developer is not proposing low income
apartments. As it relates to the drainage issue, the development is being designed in such a way
to take away all of the drainage problems. The developer is actively pursuant remedies for the
traffic flow issues. Furthermore, the amenities are being provided for in the way of the land
donation to the City. He stated that the developer is committed to continue working with the
neighborhood and are ready to explore the additional issues discussed tonight.
Mayor Gilbert, Vice Mayor Ighodaro, Councilman Williams and Councilwoman Davis
stated for the record that they have been approached by individuals and community groups about
this application and can be objective.
Nakeischea Smith, Planning and Zoning Director appeared before the City Council to
outline the scope of this rezoning application. The property is currently zoned AU -Agricultural
and utilities. The development is seeking a rezoning to R-25 Multiple Family Dwelling
Residential. Staff is recommending the Council approve the rezoning application.
Attorney Dickens stated just to clarify the legal standards because this is a quasi-judicial
hearing and not the regular legislative hearing where approval is debatable. There are burdens.
The first burden belongs to the applicant as to whether the application meets the code
requirements for zoning or rezoning. She explained if the applicant meets that burden, then the
burden shifts to the Council. When this decision switches to the Council, the rezoning must be
granted unless the Council can show that there is a public purpose reason for not doing so. In
order to do that the Council would have to rely on what is called competent substantial evidence
in the record. There cannot be no opinion testimony or wants or likes. She reiterated that the
decision has to be based on competent substantial evidence.
Vice Mayor Ighodaro asked if someone could reconcile the difference of opinion as it
January 11, 2017, City Council Minutes Page 13
relates to the notification requirement. He stated that notification for him is very important.
Attorney Dickens recounted in November there was a duly noticed advertisement for a
public hearing. The hearing was deferred until December. At the December meeting there was a
technical deficiency with the posted signage. The application number on the signage was
incorrect. The December meeting was deferred to allow that signage to be corrected. What
Attorney Wright is saying is that instead of having to correct that signage that it should have
been re -advertised and redo the mail notices. The courts in Florida have defined that once you
schedule a meeting it can be deferred to a time certain with the announcement being made at a
public meeting. Attorney Wright raised a very technical point. The court would have to make
that determination.
Mayor Gilbert said the insufficient notice is not the city's issue.
Vice Mayor Ighodaro said he had brought this issue up because it is of concern for him.
He expressed concern with making valid decisions on an erroneous process is problematic for
him. He said he was uncomfortable making a decision on this item.
Motion offered by Councilman Williams, seconded by Councilman Harris to adopt this
item on first reading.
Councilman Williams said he has a major issue with traffic. He further had an issue with
the acreage being allocated for the park as well as the historical aspect.
Councilwoman Davis stated her biggest issues are drainage and traffic especially with the
ingress and egress.
Councilwoman Odom stated the drainage has been a problem in this area for quite a
while.
Councilman Harris indicated that he has had heard the presentation from the applicant
and has no problem with the application.
Mayor Gilbert recounted between 2003 and 2004 he had to move from his parents' home.
At that time his annual salary was in the low 30s. He stated there is literally no place in the city
for a young professional to rent an apartment. He said he has seen the housing in Coconut Cay
and he would not want apartments in that neighborhood but he approached this from the
prospective of a young professional. He shared that his parents' ending up allowing him to
purchase a property he'd lived in until he was ten years old. He said he was impressed with this
application because it is the first real application that the city has gotten that did not propose
using subsidies. People who use subsidies have low income housing. He shared his rationale for
asking about the enforcement of the covenant and opined people will pay more attention to detail
when the person across the street or around the corner has enforcement power. He emphasized
that the roads are important to him. He said he was going to vote to move this item to second
reading. He stated that he did not know if there was competent substantial evidence to deny this
item on first reading.
January 11, 2017, City Council Minutes Page 14
vote.
There being no further discussion the motion to adopt on first reading failed by a 3-4
Councilwoman Davis:
No
Councilman Harris:
Yes
Vice Mayor Ighodaro:
No
Councilwoman Odom:
No
Councilwoman Robinson:
Yes
Councilman Williams:
No
Mayor Gilbert:
Yes
(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
No reports
(Q) REPORTS OF MAYOR AND COUNCIL MEMBERS
Councilwoman Robinson shared that she will be hosting two events with the American
Heart Association. One event is scheduled for February 10th "The Red Dress/Red Wine Event",
in addition there will be a dance a-thon.
Councilwoman Davis wished everyone a Happy New Year. She also acknowledged Ms.
Florida Johnson and shared that Ashley Stewart representative had contacted her about donating
a check to the Grand Parents Raising Grand Children organization. She congratulated Ms.
Johnson for all of her hard work.
Councilman Williams reported that good things are coming to Miami Gardens and the
Botanical Garden. He shared that FIU has come on board and people from around the country
want to look at what the City is doing.
Mayor Gilbert shared there will be activity coming in the future as it relates to Church
Hill Downs and Calder. He explained the north part of the county was not contemplated as a
city, but as individual neighborhoods. There has to be uses at the major corridors that supports
commercial uses. Also the demolition process to demolish Carol Mart is in its last stage. A
ceremony will probably take place there. He shared this is the location where the City of Miami
Gardens Police Department was launched.
January 11, 2017, City Council Minutes Page 15
(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
made and seconded the meeting adjourned at 9:52 PM.
Attest:
Oliver Gilbert, Mayor
Ronetta Taylor, MM ity Clerk
January 11, 2017, City Council Minutes Page 16