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03.26.2014 CITY COUNCIL MINUTES - MARCH 26, 2014 CITY OF MIAMI GARDENS REGULAR CITY COUNCIL MINUTES MARCH 26, 2014 (A) CALL TO ORDER/ROLL CALL The City Council for the City of Miami Gardens, Florida, met in regular session, Wednesday, March 26, 2014, beginning at 7:00 p.m., in the City Council Chambers, 1515 NW 167`h Street, Building 5, Suite 200, Miami Gardens, Florida. The following members of the City Council were present: Mayor Oliver Gilbert, Vice Mayor Lisa C. Davis and Council members: Rodney Harris, Felicia Robinson and Erhabor Ighodaro. Councilman David Williams Jr. and Councilwoman Lillie Q. Odom were not present due to their participation with the City of Miami Gardens Elderly Affairs Advisory Committee's participation at the 14th Annual Ambassador for Aging Day Event in Tallahassee, Florida. A motion to excuse the absence of both Councilman Williams and Councilwoman Odom was properly second and passed by a unanimous vote of the members present. Also in attendance were: City Manager Cameron Benson, City Attorney Sonja K. Dickens and Deputy City Clerk Mario Bataille. City Clerk Ronetta Taylor was also attending the 14th Annual Ambassador for Aging Day in Tallahassee, Florida. (B) INVOCATION Delivered by Mayor Gilbert (C) PLEDGE OF ALLEGIANCE Recited in unison (D) APPROVAL OF MINUTES Regular City Council Minutes—March 12,2014 Motion offered by Councilman Ighodaro, seconded by Vice Mayor Davis to approve the minutes, with necessary corrections if any. There being no discussion, the motion to adopt passed and carried by a unanimous voice vote of the members present. (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time) Mayor Gilbert moved the Quasi-Judicial items M-1 and M-2 to be heard first on the Agenda. The following item was added to the consent agenda as K-6: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, URGING THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT ("SFWMD") TO SUPPORT THE CENTRAL EVERGLADES PLANNING PROJECT ("CPP"); PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE Regular City Council Minutes February March 26, 2014 Page 1 CITY COUNCIL MINUTES - MARCH 2642014 ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Davis pulled item K-5 from the consent agenda. Deputy City Clerk Bataille informed the Council the following item K-3 has been revised to be read as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA; AUTHORIZING THE CARIBBEAN AFFAIRS ADVISORY COMMITTEE TO HOST A CARIBBEAN HERITAGE CELEBRATION ON JUNE 17, 2014; AUTHORIZING THE COMMITTEE TO HOST FUNDRAISERS TO COVER THE COST OF THE EVENT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. There being no further discussion the Agenda was approved with the previous changes by a unanimous vote of the present members of the Council. (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Councilman Ighodaro—Sponsorship Awards Councilman Ighodaro recognized the major sponsors of the aid Annual Black History Extravaganza, which took place February 23, 2014. Those sponsors included: Golden Krust Bakery, Tony's Restaurant, Sheri Restaurant, Esthers, Winn Dixie (Store #246), and Jamaica House Restaurant,which provided food servers, as well as food. F-2) Ron McKenzie, Chief Information Officer- Digital Gardens Ron McKenzie, Chief Information Officer, appeared before the Council to provide information about the newly launched mobile app "Digital Garden" which is available to both android and iPhone mobile devices. This app will be an added tool for the City to remain connected to the residents. Mr. McKenzie acknowledged Mayor Gilbert along with city staff members for their contribution towards the development of this app. QUASI-JUDICIAL ZONING HEARINGS: Cyril Saiphoo appeared before the City Council and stated for the record the process used for this Quasi-Judicial Proceeding. Deputy Clerk Bataille administered the Oath to those participating in this Quasi-Judicial Proceeding. Mayor Gilbert advised the Council of the "Jennings Disclosures" statement. He stated Regular City Council Minutes February March 26, 2014 Page 2 CITY COUNCIL MINUTES - MARCH 26, 2014 this statement indicates that you have spoken to people on items prior to their actual Quasi- Judicial hearing and will be able to fulfill your legal duty of judgment regarding the items during the hearing process. Mayor Gilbert, Vice Mayor Lisa C. Davis and Council members Rodney Harris, Felicia Robinson and Erhabor Ighodaro indicated they had spoken with people on both sides of the issue regarding both quasi-judicial items. All indicated they would still be able to fulfill their legal duty of judgment on both items during the hearing process. (M) ORDINANCES ON FOR FIRST READING/PUBLIC HEARING): M-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY ANTIOCH MISSIONARY BAPTIST CHURCH OF CAROL CITY INC., FOR REZONING OF PROPERTY GENERALLY LOCATED AT NW 213 STREET AND NW 34 AVENUE, MIAMI GARDENS, FLORIDA, MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", ATTACHED HERETO, FROM R-1, SINGLE FAMILY RESIDENTIAL TO NC, NEIGHBORHOOD COMMERCIAL; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (Deferred from January 22, 2014 & February 26, 2014) Cyril Saiphoo, Zoning Administrator, submitted three letters of objection received by the Planning and Zoning Department. Pastor Arthur Jackson III of Antioch Missionary Baptist Church, 21311 NW 34`h Avenue, appeared before the City Council. Pastor Jackson stated we are respectfully requesting a rezoning of the property specifically owned by the church and not the entire neighborhood. The church would like to build a new edifice, which will be inclusive of educational facilities, classrooms, computer labs and of course additional seating for the sanctuary. These improvements will provide service and opportunity for the community. Mayor Gilbert opened the floor for this public hearing. David Gray, 3450 NW 213th Street, Miami Gardens, FL, appeared before the City Council in opposition of this item. Mr. Gray stated his belief that the rezoning will de-evaluate his property value. Also he shared the location is not suited for the rezoning because rezoning to neighborhood commercial should be on the main fairway and not in the middle of the neighborhood. Lastly, the potential size of this structure and business will not be able to be maintained and be in conformity with the neighborhood based on the traffic flow and the nature of the business. Regular City Council Minutes February March 26, 2014 Page 3 CITY COUNCIL MINUTES - MARCH 26, 2014 Roy Williams, 3220 NW 213th Terrace, Miami Gardens, FL, appeared before the City Council in opposition of this item. Mr. Williams shared his concerns with the potential ramification that may take place by changing the church zoning to commercial. Benjamin S. Essien, 4715 NW 157" Street, #202, Miami Gardens, FL, appeared before the City Council in opposition of this item. Mr. Essien shared his concerns regarding the church's acquisition of the properties and its affect on taxes, resulting in a loss of revenue, which impacts the City adversely. Additionally he shared his concerns should churches continue to acquire surrounding properties to grow, which shift the burden of taxes to the residents who are already paying taxes. Gregory Williams, 20401 NW 10th Avenue, Miami Gardens, FL, appeared before the City Council in support of this item. Mr. Williams stated this rezoning will do great things in our community, and for our children. Dorothy Smith, 20484 NW 14th Place, Miami Gardens, FL, appeared before the City Council in support of this item. Ms. Smith stated she is not a member of the church however she has visited the church. She shared that she is grateful for the services being provided by the church. Therefore she supports this item and the programs provided. Sharon Frazier, 145 NW 193`d Street, Miami, FL, appeared before the City Council in support of this item, Pastor Jackson, and the numerous services and events they have provided to the community. Alberta Lewis, 3360 NW 215th Street, Miami Gardens, FL, appeared before the City Council and shared concerns regarding the traffic that may result with the expansion of this church. Deacon Alexander Hill, 2950 NW 212th Street, Miami Gardens, FL, appeared before the City Council in support this item. He stated this expansion will help the church to serve the community and believes the City Council should move forward in approving this item. Mr. Alexander highlighted some of the work of Antioch in the 40 years he been a member of the church. Pat Wright, 1221 NW 179th Street, Miami Gardens, FL, appeared before the City Council and asked whether the Mayor should recuse himself from voting on this item since he is a member of this church. Mayor Gilbert responded the City Attorney has opinioned that there is not a conflict for him voting. He added as a member of this Council he has to vote on this item based on the evidence and staff analysis because he has no financial interest in the church. Don Horn, 4647 SW 195th Terrace, Miramar, FL, appeared before the City Council to respond to previous comments made in opposition of this item. Mr. Horn stated the property has already been purchased by the church therefore there will be no fiscal impact to the City; no matter what the Council's vote will be on this item. Mr. Horn highlighted the services and Regular City Council Minutes February March 26, 2014 Page 4 CITY COUNCIL MINUTES - MARCH 26, ` 2014 events provided by Antioch, which positively impacts the community. Pastor Jackson stated they are only asking for the rezoning of the property the Church already owns and not any property in the community. He asked the Council to vote in favor of this item. There being no other interested parties to speak on this item, the public hearing closed. Mayor Gilbert stated the comments regarding the taxes is a good point and we have to be mindful of taking properties off the tax rolls. However, the properties in question on this item are already owned by the church therefore they are off the tax roll. He added the reason why churches do not pay taxes is not because of theoretical separation of Church and State, but because they are going to give back to the community. Meaning they will provide services that the government may not be able to provide. And that service is in lieu of their taxes. The City has many churches that have taken an inordinate amount of money off the tax roll. However there are very few churches that do as much as the churches that are here tonight. Mayor Gilbert added the parking situation is not a good situation. However not approving the expansion of the church will not solve the parking problem. The best way to solve that situation is to have the church develop a parking plan; have the church create those parking lots, and the enforcement of the parking plan. This expansion will not stop the church from growing. The church is going to grow because the ministry is active outside in the community. Additionally, this will not lower the property value of the neighborhood. Lastly, Mayor Gilbert stated that he finds nothing about the application that is incompatible with the neighborhood. Motion offered by Vice Mayor Davis, seconded by Councilman Ighodaro to approve this item on first reading. Vice Mayor Davis asked if this Ordinance is passed when does the church plan to start building the parking lot and what will be the anticipated completion date. Pastor Jackson indicated the major parking lot will be completed this weekend with a parking plan to be enforced as well. There being no further discussion, the motion to adopt on first reading passed and carried by a 5-0 vote of the Council. Councilman Harris: Yes Councilman Ighodaro: Yes Councilwoman Odom: Absent Councilwoman Robinson: Yes Councilman Williams: Absent Vice Mayor Davis: Yes Mayor Gilbert: Yes Regular City Council Minutes February March 26, 2014 Page 5 CITY COUNCIL MINUTES - MARCH 26,J 2014 M-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY HARVEST FIRE WORSHIP CENTER, INC., FOR REZONING OF PROPERTY GENERALLY LOCATED AT NW 183 STREET AND NW 23 AVENUE, MIAMI GARDENS, FLORIDA, MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", ATTACHED HERETO, FROM R-1, SINGLE FAMILY RESIDENTIAL, AND R-25, MULTI-FAMILY RESIDENTIAL TO NC, NEIGHBORHOOD COMMERCIAL; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (Deferred from January 22, 2014 & February 26,2014) Bishop Donald Clark of Harvest Fire Worship Center, 180291 NW 23`d Avenue, Miami Gardens, FL, appeared before the City Council to request the Council's approval of this item; to allow the church to be in compliance with the City. This would also allow the church to offer more services to the residents such as the "Early Child Hood Center" in the plan to be constructed for neighborhood kids. Tanisha Stokes Attorney and Board Member for Harvest Fire Worship Center appeared before the City Council to share that Harvest Fire has submitted its application for rezoning to be e-classified from its current zoning to neighborhood commercial. The current status of the church does not allow for expansion. Most importantly the church is not able to rebuild should anything happen to its structure based on its current zoning classification. Therefore this request will allow the church to expand and continue to provide services to the community. Ms. Stokes highlighted the services provided by the church. Lastly, she added this application is consistent with the City's Comprehensive Development Master Plan, as well as consistent with prior zoning applications approved by the City. She further noted staff's recommendation of approval. Bishop Clark stated it is the church's desire to work with the community. Bishop Clark presented a slideshow of the improvements the church has made to the property it has acquired. Bishop Clark expressed this expansion will not have any negative effects on the community. This proposed center will allow them to positively influence children. Pastor Clark introduced two children who have been positively affected by the services provided by Harvest Fire Worship Center Inc. Mayor Gilbert opened the floor for this public hearing. Benjamin S. Essien, 4715 NW 157u' Street, #202, Miami Gardens, FL, appeared before the City Council in opposition of this item. Mr. Essien stated the City of Miami Gardens has its Regular City Council Minutes February March 26, 2014 Page 6 CITY COUNCIL MINUTES - MARCH 26, 2014 fair share of churches and they should not be expanding but moving away from the City to allow room for other things. Beverly Bush, 3125 NW 2056' Street, Miami Gardens, FL, appeared before the City Council and stated churches do not pay taxes; and the city needs money we receive from property taxes. This zoning classification "Neighborhood Commercial" is opening pandora's box. Ruben Burke, 2320 NW 182"d Terrace, Miami Gardens, FL, appeared before the City Council in opposition of this item. Mr. Burke stated the illustration provided by Bishop Clark tell the true story and questioned where are the other properties the church owns. He stated that Bishop Clark indicated the church is not letting it be known that they have acquired three other properties directly across from the street into residential neighborhood, which the church is planning to rezone also. One of which is currently zoned as R-1 "Residential Unit". Mr. Burke added that churches are to provide services to the community however they should not encroach into the neighborhood. The church has asked to be rezoned on a single site on 18291 NW 23rd Avenue but what the church has also done was add five additional folio numbers of scatter site properties as on. All of these properties are considered to be one single unit. An approval of this item will result in the potential 186 category of changes that may be made to the property; of which 79 are not compatible uses in the area. He asked the Council to vote no on this item. Ana Greaves, 2340 NW 182nd Terrace, Miami Gardens, FL, appeared before the City Council in opposition of this item. Ms. Greaves stated she agrees the church has done some positive things in the community; however she feels the church is imposing on her peace and quiet; such as traffic. She added there are too many churches within the City. She is concerned with the safety of her home. Mayor Gilbert stated as he ponders on this item that a no vote will mean the properties owned by the church can maintain its current use of being another rental property within the City. Alethea Gatlin, 2310 NW 182"d Terrace, Miami Gardens, FL, appeared before the City Council in opposition of this item. Ms. Gatlin shared her concerns that Harvest Fire has not informed the neighboring community as to what their plans are for the properties located west of 23rd Avenue. Ms. Gatlin also shared her safety concerns regarding the types of individuals who reside within the homes owned by Harvest Fire Worship Center Inc. Ms. Gatlin opinioned the City should only rezone the main property of the church and the parking lot, not the three properties located across the street. If Harvest Fire is allowed this rezoning, what is to stop them from building a larger building to house ex-offenders? The last thing need in Miami Gardens is an organization which imports ex-offenders into our community. Eli Young, 2313 NW 181" Terrace, Miami Gardens, FL; appeared before the City Council in opposition of this item. Mr. Young requested the City Council reject the rezoning application of Harvest Fire based on the following issues: language used in all notifications of requests/proceedings mailed to residents have been confusing, misleading, and designed to generate deception, on at least three different occasions the Zoning Director and Pastor have identified the five separate folio parcels as one single parcel, and Harvest Fire has not been Regular City Council Minutes February March 26, 2014 Page 7 CITY COUNCIL MINUTES - MARCH 26, 2014 transparent as to the true reasons it is requesting the rezoning of the additional properties. Mr. Young concluded that no one has been truly transparent in this process. He opined there is a gross misrepresentation by Zoning Director Cyril Saiphoo when stated that the code changes is good for the neighborhood. Mr. Young shared his observation and concerns of the current and future use of the properties. Claudette Parker, 2333 NW 181" Terrace, Miami Gardens, FL, appeared before the City Council in opposition of this item. Ms. Parker shared her concerns regarding the changes in the neighborhood and the safety issues that have resulted from the changes. Hazel Young, 2313 NW 180 Terrace, Miami Gardens, FL, appeared before the City Council in opposition of this item. Ms. Young stated these changed are being forced onto the neighborhood and it cannot be stopped. She requested the Council to consider how these changes will affect the neighboring community. Dr. James N. Francis, 18200 NW 19th Avenue, Miami Gardens, FL, appeared before the City Council in support of the item. Dr. Francis shared his experience an overview of how Harvest Fire has grown since he has been in the City. Dr. Francis highlighted the services provided by Harvest Fire throughout the year and urged the Mayor and City Council to approve this item. Leon Bland, 18840 MW 14`h Avenue Road, Miami Gardens, FL, appeared before the City Council in support of the item. Mr. Bland stated he supports this application and has faith that Bishop Clark and Harvest Fire is committed to provide positive community activity. Bishop Clark reappeared before the Council and stated he takes offense to some of the negative comments and criticism he has received through the community meetings. Additionally,he is here to support the community. Mayor Gilbert asked for those individuals in the audience who are in support of this application because they believe it to be in the best interest of the City and the surrounding areas, to raise their hands. Mayor Gilbert asked of those individuals who raised their hands how many are Miami Gardens Residents? Tanisha Stokes, Attorney and Board Member for Harvest Fire Worship Center appeared before the Council and stated the only issue that is before the City Council is whether the rezoning application submitted by the Church is consistent with the City's Comprehensive Development Master Plan; and criteria for the City's Land Development. With regards to any speculation regarding to the future use there will be a separate application for that to be considered in a future hearing. Ms. Stokes requested the Council to move forward and approve this application. Mayor Gilbert questioned whether all legal obligations with regards to this item were addressed. Regular City Council Minutes February March 26, 2014 Page 8 CITY COUNCIL MINUTES - MARCH 26, 2014 Sonja Dickens, City Attorney, responded yes. There being no further comments from the floor, the Mayor closed the public comment/hearing portion of this item. Motion offered by Councilman Ighodaro, seconded by Councilwoman Robinson to adopt this item on first reading. Vice Mayor Davis asked what will be the operational times for the learning center. Bishop Clark stated this has been put in place, however they are looking to provide early childhood education and an after school program. Vice Mayo Davis questioned whether the intent of the church is to build a learning center only. Bishop Clark indicated yes the current plan is to be build a learning center only. Councilman Ighodaro shared his satisfaction with the church in meeting with the residents to address concerns regarding their rezoning application before the Council. He asked City staff is the applicant required to disclose their intent of what they plan to do. Cyril Saiphoo, Zoning Administrator, replied when there is a request for a rezoning and strictly only a rezoning there is no requirement we can place on the applicant to disclose any future or proposed intent at this point. That opportunity will only be allowed during the building permit process. Councilman Ighodaro asked is there any requirement for community participation in the application process. If so has it been significant in this case. Mr. Saiphoo responded yes; in the public hearing application there are certain guidelines that we asked the applicant to sign off that they will comply with. Once of the many things is community participation and community outreach. Mr. Saiphoo made it known that this item was deferred at the first reading to allow the applicant to have a community outreach, which has been satisfied. Councilman Ighodaro questioned whether there is any legal basis to deny this application especially since there has been a precedent in approving similar previous applications. Attorney Dickens stated there are no zoning precedents as it related to zoning hearing because each piece property is deemed to be particular in nature. Councilman Ighodaro asked will the Council have an opportunity to hear this item again should there be futuristic plans in terms of development, which conflicts with the permitted use. Regular City Council Minutes February March 26, 2014 Page 9 CITY COUNCIL MINUTES - MARCH 26], _2014 Mayor Gilbert responded yes it will have to come back to the Council because it will be nonconforming through the site plan approval process. Mayor Gilbert stated he understands and respect the concerns regarding the type of individuals who are residing in the homes because he believe in maintaining the City's housing integrity. Therefore; with that in mind and what the Church is proposing why wouldn't we want those lots combined and turned into a school. This will result in eliminating the transitional use that is being complained about by those who are in opposition of this item. Mayor Gilbert added the City would stop the church should they build anything outside of the educational facility they are proposing. He further stated that he would hope the development of this school would be done in cognition with the neighborhood. He believes the church will build what they plan to build. There being no further discussion, the motion to adopt on first reading passed and carried by a 5-0 vote of the Council. Councilman Harris: Yes Councilman Ighodaro: Yes Councilwoman Odom: Absent Councilwoman Robinson: Yes Councilman Williams: Absent Vice Mayor Davis: Yes Mayor Gilbert: Yes (G) PUBLIC COMMENTS Sharon Frazier Stephens, 145 NW 193rd Street, Miami, FL, appeared before the City Council and shared that Shamele Jenkins who is the president of Miami Dade Foster Adoptive Parent Association has a damaged roof. Bishop Clark appeared before the Council and indicated the Church will look into the situation shared by Ms. Frazier Stephens to see if they can assist. Mary Reeves, 1521 NW 168th Terrace, Miami Gardens, FL, appeared before the City Council to share her concerns regarding the future plans of the Rolling Oaks park and the cost associated with Item K-4. Mayor Gilbert requested Mr. Brandon DeCaro to have a side bar conversation with Ms. Reeves to provide an explanation regarding Items K-4 and K-5. Dorothy Smith, 20484 NW 14th Place, Miami Gardens, FL, appeared before the City Council to thank the Mayor for participating with the Crime Watch Meeting in Coconut Cay. However Ms. Smith shared her concerns with a string of burglaries that have taken place in Coconut Cay and communication between the victims and the Miami Gardens Police Regular City Council Minutes February March 26, 2014 Page 10 CITY COUNCIL MINUTES - MARCH 26,L2014 _ Department. She would like for the police department to have more compassion with the people. Gregory Williams. 20401 NW 10`h Avenue, Miami Gardens, FL, appeared before the City Council and stated he does not have a clear understanding regarding the Bond Referendum that is currently before the registered voters of Miami Gardens. Additionally, Mr. Williams questioned whether the City could adopt a local sales tax to lighten the burden off of the residents and the current progress of the New City Hall. Mayor Gilbert requested certain staff members to have a side bar conversation with Mr. Williams to address his questions and concerns. Lastly, he indicated the City cannot impose sales tax because State Law prohibits that. Beverly Bush, 3125 NW 205th Street, Miami Gardens, FL, appeared before the City Council and stated she is still unclear on how the potential Bond money will be used. Mayor Gilbert informed Ms. Bush there is a fact sheet available, and requested a staff member to provide Ms. Bush with this document. He further shared there have been several communities meeting with regards to this bond referendum. Ms. Bush also shared her concerns that the back gate at Buccaneer Park is continuously open and unlock. Franklin Rutherford, 18200 NW 4t' Avenue, Miami Gardens, FL, appeared before the City Council and stated he would like to make an appointment to meet with the Mayor. Mayor Gilbert requested for staff to set an appointment between himself and Mr. Rutherford. (H) ORDINANCE(S) FOR FIRST READING: None (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) ORDINANCE NO. 2014-04-315 I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RELATING TO ELECTIONS, CALLING THE 2014 GENERAL AND SPECIAL ELECTIONS FOR CITY COUNCIL SEATS 2, 4, 6 AND PROPOSED CHARTER AMENDMENTS; PROVIDING FOR RUNOFF ELECTION, IF NECESSARY; PROVIDING FOR QUALIFICATION OF CANDIDATES; PROVIDING FOR CLOSE OF ELECTION BOOKS; APPROVING THE OFFICIAL BALLOT FORM; PROVIDING FOR NOTIFICATION; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY Regular City Council Minutes February March 26, 2014 Page 11 CITY COUNCIL MINUTES - MARCH 2L, 2014 THE CITY CLERK)(1st READING—MARCH 12,2014) The Mayor opened the floor for public comments. There being no interested parties to speak on this item,the public hearing closed. There being no discussion, the motion to adopt on second reading was made by Vice Mayor Davis and properly second by Councilman Harris. This motion passed and carried by a 5-0 vote of the Council. Councilman Harris: Yes Councilman Ighodaro: Yes Councilwoman Odom: Absent Councilwoman Robinson: Yes Councilman Williams: Absent Vice Mayor Davis: Yes Mayor Gilbert: Yes ORDINANCE NO. 2014-05-316 I-2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 14, ARTICLE VI OF THE CITY'S CODE OF ORDINANCES TO CREATE DIVISION 5, SECTION 14-348 "E- CIGARETTE/NICOTINE VAPORIZER SALES AND USE;" 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.)(1sT READING —MARCH 12, 2014) The Mayor opened the floor for public comments. There being no interested parties to speak on this item,the public hearing closed. Mayor closed the floor. There being no discussion, the motion to adopt on second reading was made by Vice Mayor Davis and properly second by Councilman Harris. This motion passed and carried by a 5-0 vote of the Council. Councilman Harris: Yes Councilman Ighodaro: Yes Councilwoman Odom: Absent Councilwoman Robinson: Yes Councilman Williams: Absent Vice Mayor Davis: Yes Mayor Gilbert: Yes Regular City Council Minutes February March 26, 2014 Page 12 CITY COUNCIL MINUTES - MARCH 26, 2014 (J) RESOLUTION(S)/PUBLIC HEARING(S) None (K) CONSENT AGENDA: RESOLUTION NO. 2014-56-2034 K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, SUPPORTING THE HOMEOWNER FLOOD INSURANCE AFFORDABILITY ACT OF 2013; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY VICE MAYOR LISA C. DAVIS) RESOLUTION NO. 2014-57-2035 K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, SUPPORTING A JOB FAIR TO BE HOSTED BY ALL STAR HR, HOLY FAMILY EPISCOPAL CHURCH AND STEPHANIE CREATES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN ERHABOR IGHODARO) RESOLUTION NO. 2014-58-2036 K-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA; AUTHORIZING THE CARIBBEAN AFFAIRS ADVISORY COMMITTEE TO HOST A CARIBBEAN HERITAGE CELEBRATION ON JUNE 17, 2014; AUTHORIZING THE COMMITTEE TO HOST FUNDRAISERS TO COVVER THE COST OF THE EVENT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY CLERK) RESOLUTION NO. 2014-59-2037 K-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING A BID TO ENCO LLC, FOR THE INSTALLATION OF A WALKING TRAIL WITH LIGHTING AND EXERCISE STATIONS AT ROLLING OAKS PARK, IN THE AMOUNT OF SEVEN HUNDRED THIRTY- THREE THOUSAND, SIX HUNDRED TWENTY-FOUR DOLLARS AND TEN CENT ($733,624.10), WHICH INCLUDES A 10% CONTINGENCY; AUTHORIZING THE CITY MANAGER TO Regular City Council Minutes February March 26, 2014 Page 13 CITY COUNCIL MINUTES - MARCH 26, 2014 ISSUE A PURCHASE ORDER FOR THIS PURPOSE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2014-60-2038 K-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, URGING THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT ("SFWMD") TO SUPPORT THE CENTRAL EVERGLADES PLANNING PROJECT ("CPP"); PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN DAVID WILLIAMS JR.) Motion to adopt the consent agenda made by Councilman Ighodaro and properly second by Councilwoman Robinson. This motion passed and carried by a 5-0 voice vote. (L) RESOLUTION(S): RESOLUTION NO. 2014-61-2039 K-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A CHANGE ORDER TO CALVIN, GIORDANO & ASSOCIATES, INC., IN AN AMOUNT NOT TO EXCEED THIRTY EIGHTY THOUSAND, SIX HUNDRED TWENTY DOLLARS ($38,620.00), FOR ADDITIONAL CONSTRUCTION ADMINISTRATION SERVICES DURING THE CONSTRUCTION OF THE PEDESTRIAN TRAIL AT ROLLING OAKS PARK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Vice Mayor Davis asked if any of the vendors who bid on this project are from the City of Miami Gardens. Cameron Benson stated none of the respondents were from the City of Miami Gardens. There being no further discussion, the motion to adopt was offered by Councilman Ighodaro and properly second by Councilwoman Robinson. This motion passed and carried by a 5-0 voice vote. QUASI-JUDICIAL ZONING HEARINGS: (N) ORDINANCES ON FOR SECOND READING/PUBLIC HEARING(S) Regular City Council Minutes February March 26, 2014 Page 14 CITY COUNCIL MINUTES - MARCH 26, 2014 None (0) RESOLUTION(S)/PUBLIC HEARING(S) None (P) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK There were no reports provided by the City Manager, City Attorney and City Clerk. (Q) REPORTS OF MAYOR AND COUNCIL MEMBERS Mayor Gilbert made positive comments regarding the success of the 2014 Jazz in the Gardens event. (R) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC None (S) ADJOURNMENT There being no other further business to come before thigl3ody, and upon a motion being duly made and seconded, the meeting adjourned at 9:23 p. 01i r i ert, Mayor Attest: J'ev'76— Ronetta Taylor, MMC ity Clerk Regular City Council Minutes February March 26, 2014 Page 1S