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01.11.2017 - 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) .12,7210 IS I FIT'vm" Pill W11'wqr�m@1_rd OEM I NO • .... . . bl k FMl M III k • . • • • • •. �.• MAI In ISM 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