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09.27.2017 - City Council MinutesCITY OF MIAMI GARDENS REGULAR CITY COUNCIL MINUTES SEPTEMBER 27, 2017 (A) CALL TO ORDER/ROLL CALL The City Council for the City of Miami Gardens, Florida, met in regular session, Wednesday, September 27, 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 Councilman 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 —September 12, 2017 D-2) Special City Council Minutes — September 12, 2017 Motion offered by Councilwoman Davis, seconded by Councilman Williams to adopt the minutes, with the necessary corrections if any. There being no discussion the motion to adopt the minutes passed and carried by a unanimous vote of the Council members present. (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time) Auto Nation submitted a letter requesting to withdraw item O-1 from the Agenda. After there being no other changes to the Official Agenda, motion offered by Councilman Harris, seconded by Councilman Williams to approve the official agenda with the necessary changes. This motion passed and carried by a unanimous vote of the members present. (F) SPECIAL PRESENTATIONS (5 minutes each) There were no special presentations. September 27, 2017, City Council Minutes Page 1 (G) PUBLIC COMMENTS (2 minutes each) Yamica Santana, Jovany Leon, Reynel Garcia, Maria Martinez, 3361 NW 198d' Terrace, Miami Gardens, Florida, appeared before City Council to express their discontent with the permit division for not renewing their food truck license. They read a letter explaining the food truck business supports multiple families in the area. Mayor Gilbert directed Mrs. Santana and company to speak with the City's Legislative Aide to the Mayor Kevin Brown and Building Official Osvaldo Diaz who were present. Lanette Jones, 18611 NW 8t' CT, Miami Gardens, FL, appeared before City Council to express concern with the lack of hurricane recovery efforts as there was a lot of residents without power. In addition, Ms. Jones suggested having cellphone charging stations for electronic devices. She further expressed there was a lack of ice distribution, hot meal distribution no communication with residents on distribution sites where these essential items could be obtained. Charles McCoy, 15940 NW 18'h CT, Miami Gardens, FL, appeared before City Council to express gratitude for all the hurricane recovery assistance. Sharon Frazier -Steven, 125 NW 193`' St, Miami Gardens, FL, appeared before City Council to express concern about the hurricane recovery plan for seniors in the community. Alexander Coleman, 3740 NW 179' ST, Miami Gardens, FL, appeared before City Council to express concerns regarding the hurricane debris in the City. Vanessa Wilcox, 2000 NW 186' ST, Miami Gardens, FL, appeared before City Council to request the Council include residents in moneymaking decisions, and questioned why the City of Miami Gardens is a city. Sonia Flowers, Miami Gardens, FL, appeared before City Council to ask about the status of the gas station on NW 18`x' Avenue and NW 183' Street. She said it is not a good look for the city and requested the city fence the property. In addition, she expressed gratitude for the City's progress with all the new construction and businesses. Mayor Gilbert responded by stating the gas station is private property, the City cannot adjust the property and it is being cited properly by Code Enforcement as mandated by law. In addition, the Mayor requested that city residents discontinue garbage dumping in the area as city Public Works department is continually cleaning the property. Andre Brown, 2316 Mayo Street, Hollywood, FL, appeared before City Council to notify council of possible workplace harassment by the City's Public Works department employees, Julio Torres and Dan Foo. Mr. Brown explained he has heard numerous employee complained about the treatment received by Mr. Torres and Mr. Foo and requested their immediate dismissal. September 27, 2017, City Council Minutes Page 2 Joanne Harris, 5020 NW 197' ST, Miami Gardens, FL, appeared before City Council to notify Council of the new development in the unincorporated area and recommended the City Council look into the tourist industry. Linda Hodges -Holloway, 748 NW 204'' ST, Miami Gardens, FL, appeared before City Council to express support for the International Music Festival. Ms. Hodges -Holloway also expressed gratitude for the hurricane recovery efforts from City Council and Police Department. After there were no other interested parties to speak during public comments. Public comments were closed. (I) ORDINANCES) FOR FIRST READING: 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, AND ALL OTHER APPLICATIONS AND PERMITS FOR THE COLLOCATION OF SMALL WIRELESS FACILITIES IN THE PUBLIC RIGHTS-OF-WAY FOR A NINE MONTH 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 THE CITY MANAGER) City Attorney Dickens explained the Florida Legislature recently provided rules and regulation for small wireless facilities in the public right of way. The City Manager is requesting the moratorium to formulate regulation pending additional proposed amendments to the legislature. Motion offered by Mayor Gilbert, seconded by Councilwoman Robinson, to adopt this item on first reading. At the conclusion of this discussion, the motion to adopt on first reading passed and carried by a 7-0 vote. Councilwoman Davis: Yes Councilman Harris: Yes Vice Mayor Ighodaro: Yes Councilwoman Robinson: Yes Councilwoman Odom: No Councilman Williams: Yes September 27, 2017, City Council Minutes Page 3 Mayor Gilbert: Yes (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) ORDINANCE NO. 2017-11-375 I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THAT LEASE AGREEMENT WITH NEW URBAN DEVELOPMENT, LLC, IN SUBSTANTIAL FORM AS THAT AGREEMENT ATTACHED HERETO AS EXHIBIT "A" AND TO LEASE THE PROPERTY DESCRIBED IN THE LEASE; 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 — September 12, 2017) City Manager Benson explained there are no changes to this ordinance from the first reading. Mayor Gilbert opened the floor for this public hearing. Ulysses Harvard, 16201 NW 22nd CT, Miami Gardens, FL, appeared before City Council to express concern reference to Item I-1. Mr. Harvard raised concerns about the lack of transparency with the contract bidding process, the total funds allotted for the project and the additional items such as billboards and cell towers. In addition, he expressed concerned about the traffic flow impact this development would have in the area of NW 12a' Avenue which has schools' traffic and the size of the units for seniors in the community. Francis Ragoo, 889 NW 214' ST, Unit 102, Miami Gardens, FL, appeared before City Council to express concerns regarding Item I-1 as he is unable to quantify the financial gain to the city for the lease agreement with Urban Developers, LLC. In addition, Mr. Ragoo asked if there is a revenue sharing from the units, and requested consideration with possible radiation from the cell towers. There being no additional interested parties to speak during public comments, the Public hearing closed. Motion offered by Vice Mayor Ighodaro, seconded by Councilwoman Davis, to adopt this item on second reading. Councilman Williams requested clarification about billboards and cell towers and the configuration of the property to include the NW 12' Avenue historic housing area. Mayor Gilbert explained the City does not allow for off -premises advertising, however September 27, 2017, City Council Minutes Page 4 because the billboard would be placed on the property border, which is the turnpike and FL826 highway. City Manager Benson explained the property would have site -planning process for both the senior center and New Urban Group. In addition, Manager Benson explained there is consideration for the historic section of the area. Vice Mayor Ighodaro, requested confirmation regarding the possible additions listed on the item such as cell towers and the involvement of City Council. City Manager Benson and City Attorney Dickens confirmed the possible additional items would come before Council for discussion and approval. Mayor Gilbert explained the benefits the City is gaining through this contract by sharing that the maintenance of the Senior Center is included in the agreement and the City will have a place to transition the seniors in the community. Councilman Williams requested confirmation regarding a poll taken regarding the residents approval of the project. Robert Holland, Esq, appeared before the Council on behalf of Urban Developments, LLC, and explained there was a poll taken December 2016, stating that 73.7% favored the senior housing facility and the City's Ad Valoren will increase with the $20M property addition. Councilwoman Davis requested confirmation regarding the cell towers and requirement of Council's approval. City Attorney Dickens in response to Councilwoman Davis' inquiry said the agreement includes cell towers; however, the City's Code states cell towers require Council's approval. Councilwoman Odom requested clarification on the unit's ownership and the possibility of public housing intervention. Urban Development Attorney Holland responded to Councilwoman Odom's inquiry by stating the units will be rental units and the property will be owned by City of Miami Gardens. Mayor Gilbert also responded stating Miami Dade Public Housing will not be part of the project. At the conclusion of this discussion, the motion to adopt on second reading passed and carried by a 6-1 vote. Councilwoman Davis: Yes Councilman Harris: Yes Vice Mayor Ighodaro: Yes September 27, 2017, City Council Minutes Page 5 Councilwoman Robinson: Yes Councilwoman Odom: No Councilman Williams: Yes Mayor Gilbert: Yes ORDINANCE NO. 2017-12-376 I-2) AN ORDINANCE OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE CITY'S BUDGET FOR THE 2016- 2017 FISCAL YEAR; AUTHORIZING THE CITY MANAGER TO MAKE CERTAIN ADJUSTMENTS; AUTHORIZING THE CITY MANAGER TO TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE TERMS AND CONDITIONS OF THIS ORDINANCE; PROVIDING FOR AN ADDITIONAL READING IN ACCORDANCE WITH THE CITY'S CHARTER; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (1st Reading September 12, 2017) Mayor Gilbert opened the floor for this public hearing. After there being no interested parties to speak during public comments the Public comments closed. Manager Benson said there were no changes since first reading of this item. At the conclusion of this discussion, the motion to adopt on first reading passed and carried by a 7-0 vote. Councilwoman Davis: Yes Councilman Harris: Yes Vice Mayor Ighodaro: Yes Councilwoman Robinson: Yes Councilwoman Odom: Yes Councilman Williams: Yes Mayor Gilbert: Yes (J) RESOLUTION(S)/PUBLIC HEARING(S) None (K) CONSENT AGENDA: RESOLUTION NO. 2017-143-3248 K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, SUPPORTING THE FOURTH ANNUAL NATIONAL HIV/AIDS AWARENESS AND AGING DAY EVENT, WHICH WILL BE HOSTED BY COUNCILWOMAN LILLIE Q. ODOM, GOD'S AMAZING GRACE OUTREACH MINISTRIES AND OTHER COMMUNITY PARTNERS ON SEPTEMBER 28, 2017; AUTHORIZING A SPONSORSHIP OF September 27, 2017, City Council Minutes Page 6 THE EVENT IN THE AMOUNT OF THREE THOUSAND DOLLARS ($3,000.00) FROM THE CITY COUNCIL SPECIAL EVENTS ACCOUNT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILWOMAN LILLIE Q. ODOM) Motion offered by Councilman Williams, seconded by Councilman Harris to approve 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) None QUASI-JUDICIAL ZONING HEARINCS/JENNINGS DISCLOSURE: (M) ORDINANCES ON FOR FIRST READING/PUBLIC HEARING(S): None (N) ORDINANCES ON FOR SECOND READING/PUBLIC HEARING(S) None (0) RESOLUTION(S)/PUBLIC HEARING(S) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA APPROVING THE SPECIAL EXCEPTION APPLICATION SUBMITTED BY REAL ESTATE HOLDINGS, INC., TO ALLOW VEHICLE SALES—USED AUTOMOBILES WITHIN THE PCD -PLANNED CORRIDOR DEVELOPMENT DISTRICT FOR THE PROPERTY LOCATED AT 1313 NW 167TH STREET; MORE PARTICULARLY DESCRIBED ON EXHIBIT "A' ATTACHED HERETO, SUBJECT TO THE CONDITIONS LISTED IN THE DECLARATION OF RESTRICTIONS ATTACHED HERE TO AS EXHIBIT "C; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (Deferred from April 26, 2017, March 22, 2017 and June 28, 2017) Motion offered by Mayor Gilbert, seconded by Councilwomen Robinson to withdraw the item from the Agenda. September 27, 2017, City Council Minutes Page 7 There being no discussion the motion to withdraw Item 0-1 passed and carried by a unanimous vote of the Council members present. (P) REPORTS OF CITY MANAGERXITY ATTORNEY/CITY CLERK None (Q) REPORTS OF MAYOR AND COUNCIL MEMBERS Councilwoman Odom reminded everyone of the HIV/AIDS and Aging Awareness event scheduled for September 28, 2017, at the Betty T. Ferguson recreation complex. Councilman Williams reminded everyone of the second Annual Senior Appreciation Day on October 7, 2017. In addition, Councilman Williams thanked the City Manager and Staff for the hurricane recovery efforts. He explained the City Manager's Report provides detailed information on the City's progress. Mayor Gilbert reminded everyone that the State of the City Address is scheduled for Tuesday, October 10, 2017. He further explained the City provides services in partnership with Churches, Staff and other organizations to ensure the residents were safe before during and after the hurricane. In addition, he explained Florida Power & Light is following the plan designed by Miami Dade County. He said the hurricane response plan includes the entire community. (R) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC None (� ADJOURNMENT There being no further business to come before this Body, and upon a motion being duly made and seconded, the meeting adjourned at 8:00 PM. Attest: �1 G►w�-�� di: V�-, - Ronetta Taylor, MMC, Ci Jerk l�1 Oliver Gilbert, Mayor September 27, 2017, City Council Minutes Page 8