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07.12.2017 - City Council MinutesCITY OF MIAMI GARDENS REGULAR CITY COUNCIL MINUTES JULY 129 2017 (A) CALL TO ORDER/ROLL CALL The City Council for the City of Miami Gardens, Florida, met in regular session, Wednesday, July 12, 2017, beginning at 7:00 PM, in the City Council Chambers, 18605 NW 27h Avenue, Miami Gardens, Florida. The following members of the City Council were present: Mayor Oliver Gilbert, Vice Mayor Erhabor Ighodaro and Council Member Lillie Q. Odom, Lisa c. Davis, Rodney Harris, Felicia Robinson and David Williams Jr. Also in attendance were: City Manager Cameron D. Benson, City Attorney Sonja K. Dickens and City Clerk Ronetta Taylor. (B) INVOCATION Delivered by Mayor Gilbert (C) PLEDGE OF ALLEGIANCE Recited in unison (D) APPROVAL OF MINUTES D-1) Regular City Council Minutes —June 28, 2017 Motion offered by Vice Mayor Ighodaro, seconded by Councilwoman Davis to adopt the minutes, with necessary corrections, if any. There being no discussion, the motion to adopt passed and carried by a unanimous vote of the City Council members present. (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time) Councilwoman Odom added a presentation as Item F-2. The following item was added to the official agenda as Item K-1 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE USE OF THE CITY OF MIAMI GARDENS SHOWMOBILE AS WELL AS THE USE OF THE BETTY T. FERGUSON RECREATIONAL COMPLEX'S AUDITORIUM, TRACK AND FIELD AREA, AMPHITHEATER, HIBISCUS ROOM, AND STUDIO FOR THE ORANGE BOWL COMMITTEE'S ANNUAL FAMILY FUN AND FIT DAY EVENT TO BE HELD ON SATURDAY, AUGUST 12, 2017; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY MAYOR OLIVER GILBERT) July 12, 2017, City Council Minutes Page 1 Motion offered by Councilwoman Robinson, seconded by Councilman Harris to adopt the Official Agenda, with the necessary changes. There being no discussion the motion to adopt passed and carried by a unanimous vote of the City Council. (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Councilwoman Felicia Robinson - Commendation — Alice Kincey Councilwoman Robinson presented Ms. Alice Kincey with a Commendation by way of recognition for her forty-one (41) year tenure as an educator in the City of Miami Gardens. Ms. Kincey retired from Barbara Hopkins Elementary. F-2) Councilwoman Lillie Q. Odom — 2017 Senior Pageant Former City of Opa-locka Commissioner Rose Tydus appeared before the City Council to request support for the Senior Pageant, being held in conjunction with CBS Miami Channel 4; at the Julius Littman Center on August 6t', 2017. Ms. Tydus shared she is the first African American to hold the 2016 Ms. Senior Florida title. Ms. Tydus further provided Council Members with informational brochures about services the Senior Pageants provides to seniors, which includes: Crown and Rose Club, Senior Gospel Choir, and Nana (Never Alone, Never Abandoned). (G) PUBLIC COMMENTS Dorothy Smith, 20484 NW 14`x' Place, Miami Gardens, Florida, appeared before City Council to invite the City Council and the community to attend the following events in representation of Miami Gardens: Coconut Cay sponsored event "Who Am I" on July 24, 2017 at 6:00 PM, location the North Regional Library. In addition, Ms. Smith expressed her discontent with Coconut Cay Homeowners Association's president Mr. Jones. She further expressed concerns of bullying by the president (Mr. Jones) toward senior residents. Kalen James, 570 NE 70th Street, Miami, Florida, appeared before the City Council and stated she was present to represent New Day Production as it related to the Jazz in the Gardens item on tonight's agenda. (H) ORDINANCES) FOR FIRST READING: H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, EXTENDING THE EXISTING MORATORIUM ON THE SUBMISSION, PROCESSING AND ISSUANCE OF DEVELOPMENT PERMITS, CERTIFICATES OF USE, BUSINESS TAX RECEIPTS AND ALL OTHER APPLICATIONS AND PERMITS FOR THE OPERATION OF MEDICAL MARIJUANA DISPENSING FACILITIES AND MEDICAL MARIJUANA DISPENSING ORGANIZATIONS FOR AN ADDITIONAL 180 -DAY PERIOD; PROVIDING FOR EXCEPTIONS; PROVIDING FOR A STUDY AND DIRECTIONS July 12, 2017, City Council Minutes Page 2 TO THE CITY MANAGER; PROVIDING FOR PENALTIES; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN DAVID WILLIAMS JR.) City Attorney Dickens explained the Moratorium was in place pending a decision by Governor Scott, which was finalized last week. Governor Scott's decision allows City governments to make the decision for their cities. The extension is being requested to allow for Council to discuss further. The plan is to host a workshop in October to draft the ordinance. Mayor Gilbert expressed concerns about the 180 -day timeline due to Council's hiatus in August, and limited council meetings in November and December. Councilwoman Odom asked if the hiatus dates can be excluded from the 180 -day extension. Motion offered by Mayor Gilbert, seconded by Councilwoman Davis to adopt this item. There being no further discussion, the motion to adopt passed and carried by a 7-0 vote. Councilman Williams: Yes Councilwoman Davis: Yes Councilman Harris: Yes Vice Mayor Ighodaro: Yes Councilwoman Odom: Yes Councilwoman Robinson: Yes Mayor Gilbert: Yes (I) ORDINANCES) FOR SECOND READING/PUBLIC HEARINGS) ORDINANCE NO. 2017-08-372 I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 26, ARTICLE II ("STORMWATER UTILITY"), SECTION 26-26 "FEE SCHEDULE AND PAYMENT", SECTION 26-29 "REQUEST FOR ADJUSTMENT", SECTION 26-31 "ENFORCEMENT AND PENALTIES", AND ADDING SECTION 26-32 "PROHIBITIONS GENERALLY", AND SECTION 26-33 "PERMITS, PLAN REVIEWS, INSPECTIONS, AND ADMINISTRATIVE FEES" OF THE CODE OF ORDINANCES; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (1sT READING — JUNE 289 2017) July 12, 2017, City Council Minutes Page 3 (SPONSORED BY THE CITY MANAGER) Mayor Gilbert opened the floor for this public hearing. After there were no interested parties to speak on this item the public hearing closed. Motion offered by Councilwoman Davis, seconded by Councilwoman Odom to adopt this item. Mayor Gilbert asked City Manager Benson to clarify the amendment. City Manager Benson explained the original agreement was thirty-five (35) percent incentive to property owners, but after further negotiations, City agreed to forty-two (42) percent. Motion offered by Mayor Gilbert, seconded by Councilwoman Robinson to amend the ordinance from Thirty -Five (35%) percent to Forty -Two (42%) percent. Councilman Williams asked if we are giving this incentive to property owners for doing what they should already be doing. City Manager Benson in response to Councilman Williams' inquiry confirmed and explained that providing property owners with an incentive will minimize city involvement in the process and contain the issue at the property. There being no further discussion on the amendment, the motion to adopt passed by a unanimous vote of the City Council. Motion offered by Councilwoman Davis, seconded by Councilwoman Odom to adopt this item. There being no further discussion, on the ordinance as a whole, the motion to adopt passed and carried by a 7-0 vote. Councilman Williams: Yes Councilwoman Davis: Yes Councilman Harris: Yes Vice Mayor Ighodaro: Yes Councilwoman Odom: Yes Councilwoman Robinson: Yes Mayor Gilbert: Yes (.n RESOLUTION(S)/PUBLIC HEARING(S) None (I) CONSENT AGENDA: RESOLUTION NO. 2017-117-3222 July 12, 2017, City Council Minutes Page 4 K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE USE OF THE CITY OF MIAMI GARDENS SHOWMOBILE AS WELL AS THE USE OF THE BETTY T. FERGUSON RECREATIONAL COMPLEX'S AUDITORIUM, TRACK AND FIELD AREA, AMPHITHEATER, HIBISCUS ROOM, AND STUDIO FOR THE ORANGE BOWL COMMITTEE'S ANNUAL FAMILY FUN AND FIT DAY EVENT TO BE HELD ON SATURDAY, AUGUST 12, 2017; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Motion offered by Mayor Gilbert, seconded by Councilman Harris to adopt the Consent Agenda. There being no discussion, the motion to adopt the Consent Agenda passed and carried by a unanimous vote of the City Council members present. (L) RESOLUTIONS) RESOLUTION NO. 2017-118-3223 L-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING REQUEST FOR PROPOSAL NUMBER 16-17-03116-17-034 FOR SENIOR FAMILY CENTER DESIGN -BUILD TO WEST CONSTRUCTION. INC.,- PROVIDING NC.;PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) City Manager Benson recounted Council attended a presentation where two (2) separate vendors were afforded an opportunity to present their proposal for the Senior Family Center project. The vendors provided documentations, contract and an approximate completion date between ten (10) to fifteen (15) months. He explained the vendors are present and the chosen vendor will attend all future public meetings to ensure proper completion of project. Motion offered by Councilwoman Davis, seconded by Councilwoman Williams to adopt this item. Councilwoman Odom inquired about the third vendor listed on the agenda memorandum. City Manager Benson asked Procurement Director Lindell Miller to respond to Councilwoman Odom's inquiry. Ms. Miller explained the presentation provided were from the two (2) highest ranked firms. Councilwoman Davis asked if the drawings provided represented the final designs. City Manager Benson explained the drawings presented were not final and were only July 12, 2017, City Council Minutes Page 5 presented for conceptual purposes. In addition, he explained there will be continuous discussion and input until everyone agrees with final decisions. Mayor Gilbert stated once the Council selects the firm to build the facility, a committee will be appointed. He explained this Council committed to appointing individuals to serve on a review and recommendation committee. He asked that Council members to send the name of their appointee to the City Clerk. Motion offered by Councilman Williams, seconded by Vice Mayor Ighodaro to insert West Construction, Inc., to the item. There being no further discussion, the motion to amend the resolution with the insertion of West Construction, Inc.; the motion to amend passed and carried by a unanimous voice vote of the City Council. There being no further discussion, on the item as a whole, the motion to adopt passed and carried by a unanimous voice vote of the City Council. RESOLUTION NO. 2017-119-3224 L-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ACCEPTING THE RANKING OF THE SELECTION COMMITTEE FOR RFQ# 16-17-025, JAZZ IN THE GARDENS MANAGEMENT SERVICES, AND AUTHORIZING THE CITY MANAGER TO PROCEED WITH NEGOTIATIONS WITH THE FIRST RANKED FIRM, AND IF NEGOTIATIONS FAIL TO NEGOTIATE WITH THE SECOND RANKED FIRM, AND SO ON UNTIL THE CITY MANAGER SUCCESSFULLY NEGOTIATES AND EXECUTES A CONTRACT WITH THE SUCCESSFUL BIDDER; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) City Manager Benson explained Staff met with five (5) different firms and selected AEG as the firm to handle the Jazz in the Gardens event. Motion offered by Councilwoman Davis, seconded by Councilman Harris to adopt this item. Councilman Williams requested that Council have more information regarding this item due to the large sum of money involved. In addition, he asked what happens if negotiations do not occur as planned. Mayor Gilbert explained the item would be budgeted if negotiations fail. City Manager Benson explained negotiations will allow the City to obtain what is necessary to finalize the event. July 12, 2017, City Council Minutes Page 6 Councilman Williams asked if Jazz in the Gardens would be part of the Audit. City Manager Benson confirmed that Jazz in the Gardens is a part of the normal audit. Councilwoman Davis asked if Jazz in the Gardens was a part of the listing for Signature Events. She further asked for clarification on the process of presenting events to Council for approval. City Manager Benson confirmed Jazz in the Gardens as one of the signature events. Mayor Gilbert explained there is no comparable like Jazz in the Gardens. It is listed as a Signature Event; however, there is no comparison to any other event in regards to impact. Mayor Gilbert explained Jazz in the Gardens is handled differently administratively and it has to be approved every year like other events. Councilwoman Davis asked whether all Council members have to provide documentation for their sponsored signature items. Mayor Gilbert explained if it is a Council member sponsored item, which will be converted to a City item, a resolution needs to be presented. In addition, Mayor Gilbert explained Jazz in the Gardens should be self -executed as he inherited the item from Mayor Gibson and Staff manages the event. Councilwoman Robinson stated everyone has brought resolutions for their sponsored events. Councilwoman Davis asked separate from Jazz in the Gardens, if signature events need a separate resolution. City Manager Benson requested authorizations from Council to present one (1) resolution with a list all signature events for the year; this would provide easier processing. events. Mayor Gilbert opined there is no need for a resolution as the budget lists all signature City Manager Benson explained the resolution would allow time for planning. Mayor Gilbert responded by explaining the Budget Workshop will be the appropriate time to discuss and approve the signature events as listed in the budget. City Attorney Dickens agreed and further explained the resolutions are brought to Council to approve contract negotiations. Mayor Gilbert stated Jazz in the Gardens was brought to Council because it was up for bid; negotiation for new contract needs to be made. July 12, 2017, City Council Minutes Page 7 City Attorney Dickens provided historical information explaining the Jazz in the Gardens event was brought to Council every year because previous Council wanted to review and approve separately. City Manager Benson also explained the resolution was brought to Council to waive the procurement process. Councilwoman Davis requested 'clarification because she has an event with a pending RFP with just three (3) months to complete. Mayor Gilbert explained Staff is the one who completes RFP and there should be more than three (3) months to complete an RFP. In addition, he further explained Council should not be involved as Council authorizes and Staff executes. Councilwoman Davis stated more time needs to occur in order to fundraise for these events. Mayor Gilbert discussed the importance of approving the item as it takes longer than one (1) year plan and execute Jazz in the Gardens. With this current process there is less than six (6) months to plan. Motion offered by Mayor Gilbert, seconded by Councilwoman Robinson to adopt this item. Councilwoman Odom asked why is the budgeted amount blank; she asked whether staff has a ballpark figure for Jazz in the Gardens. Mayor Gilbert explained the actual budgeted numbers will be decided in the budget meeting. There being no further discussion, the motion to adopt passed and carried by a unanimous voice vote of the City Council. QUASI-JUDICIAL ZONING HEARINGS/JENNINGS DISCLOSURE: Nakeischea Smith, Planning Director appeared before the City Council to outline the Quasi -Judicial Process. Ronetta Taylor, City Clerk administered the Oath to those participating in this Quasi - Judicial Process. (M) ORDINANCES ON FOR FIRST READING/PUBLIC HEARING(S): July 12, 2017, City Council Minutes Page 8 None (1� ORDINANCES ON FOR SECOND READING/PUBLIC HEARING(S) None (0) RESOLUTION(S)/PUBLIC HEARING(S) RESOLUTION NO. 2017-120-3225 0-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY MIAMI GARDENS TOWERS, LLC, FOR PROPERTY GENERALLY LOCATED AT 350 NORTHWEST 215TH STREET, FOR AN EXTENSION OF A TEMPORARY NON-USE VARIANCE TO ALLOW OFF- STREET PARKING ON A NATURAL SURFACE WHERE PAVEMENT AND DRAINAGE IS REQUIRED; PROVIDING FOR A DECLARATION OF RESTRICTIVE COVENANTS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Mayor Gilbert opened the floor for this public hearing. Dorothy Smith, 20484 NW 14`h Place, Miami Gardens, Florida, appeared before City Council to inquire as to whether this item needs a certificate of occupancy. A representative of Miami Gardens Towers, LLC was available to answer any questions. After there were no interested parties to speak on this item, the public hearing closed. Councilman Williams commented the item was originally approved in 2010, and has taken seven (7) years to complete; now they're requesting additional time. He asked the City Manager when the City is going to make proper arrangements. City Manager Benson explained there has been a lot of contemplation for possible projects in the lot and a lot of auto dealers looking for areas to store additional inventory. Mayor Gilbert explained the discussed item is not related to sewage issues and is attached to the car dealer. Councilman Williams explained his concerns about hazardous materials from vehicles parked in an unpaved lot. Motion offered by Councilwoman Robinson, seconded by Councilman Williams and Councilwoman Odom to adopt this item. July 12, 2017, City Council Minutes Page 9 There being no further discussion, the motion to adopt passed and carried by a 5-2 voice vote with Councilman Williams and Councilwoman Odom casting dissenting votes. (P) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK None (Q) REPORTS OF MAYOR AND COUNCIL MEMBERS Councilman Williams saluted Captain Nargiso for his continued community involvement. In addition, he commended Sergeant Heather Kidder for her Women In Law Enforcement recognition from North Dade Family & Youth Coalition. Councilwoman Davis reminded everyone of the upcoming Wine and Food Festival, which will be held November 11, 2017. Councilwoman Odom announced the Elderly Affairs Advisory Committee's upcoming Medicare Workshops Series presented by Humana scheduled for July 20, August 24, and September 21, 2017, at Betty T. Ferguson. In addition, she invited the City Council and community to attend the Speak, Sign and Sell event Saturday July 15, 2017 10:00 a.m. -12:30 p.m. at Betty T. Ferguson Center. The event is for writers of color. Councilman Harris commended Staff for a good job at the Fourth of July Celebration event. Councilwoman Robinson announced, August 5`h, Live Healthy Miami Gardens is hosting Health in the Gardens event to provide free health screening and promote healthy lifestyle, from 2-6 PM, at Rolling Oaks Park. Mayor Oliver pilbert commended staff and everyone else who made it possible for an excellent Fourth of July community event. In addition, Mayor Gilbert asked everyone drive carefully and recited an old Baptist song "Time is filled with swift transition". (R) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC None (S) ADJOURNMENT There being no further business to come before this Body, and upon a motion being duly moved and seconded the meeting adjourned at 8:08 PM. Attest: Oliver Gilbert, Mayor Ronetta Taylor, Myt, City Clerk July 12, 2017, City Council Minutes Page 10