CITY OF HOMESTEAD CITY COUNCIL MEETING MINUTES WEDNESDAY, NOVEMBER 19, 2014 IMMEDIATELY Fonowma THE COUNCIL Parsenmnon CEREMONY 5:00 PM WILLIAM F. DICKINSON COMMUNITY CENTER 1601 N. Karma Avenue, Homesrsan, FL 33030 1. CALL TO OF ALLEGIANCE Mayor Porter called the meeting to order at 6:02 pan. (3) Rev. Michael Stiles, St. Paul?s Missionary Baptist Church, was not able to attend the meeting to give the Invocation. Vice Mayor Shelley led the Pledge of Allegiance along with the Police Explorers, 2. ROLL CALI, Mayor and Councii present: Mayor Jeff Porter, Vice Mayor Stephen Shelley, Councilman Jon Burgess, Councilwoman Patricia Fairclough, Councilman Elvis Maldonado, Councilwoman Judy Waldman, and Councilman Jimmie L. Williams, (6:05 pan!) 3.. PUBLIC COMMENTS None 4. ADDITIONS. DELETIONS. DEFERRALS Deferrals CAR #1306? At the applicant?s request it was the consensus of the Council to defer CAR #1306 PH #2014- 32 Rezoning a 9 828 Parcel from General Use )to Retail Commercial Zoning District (8-2) to the December 17 2014 Council Meeting add end om CAR 1326 - Professional Service Agreement with Josh Padgett. City Manager Gretsas reported staff recommended approval of the Resolution authorizing the City Manager to enter into an agreement on behalf of the City of Homestead with Josh Padgett. A'Motion 'was made by Councilman Shelley, and seconded by Councilwoman Waldman, to approve the Professional Service Agreement with josh Padgett. Mayor Porter asked all in favor? Vote: Ayes all. Motion carried. 5W i. CAR 13247 FEE WAIVER Eoucr DISCUSSION Councilman Williams arrived at 6:05 pm. Councilwoman Waldman reported she had been working closely with Parks and Recreation on the Fee Waiver Policy and invited Parks and Recreation Director Maytan to give the report. Parks and Recreation Director Maytan reported that at the Committee ofthe Whole meeting on June 10, 2014, staff presented a Fee Waiver Policy. He explained that the language had subsequently been amended to address the concerns at that meeting. He summarized the changes as follows: a The phrase free to the public was removed as some of the non-profit organizations charge fees The term sponsorship was removed and replaced with approval 0 Deposits would be required' In the event an organization damaged the facility so that the cost could be recovered. Waived the fee penalization of $100 for the year to give the organizations an opportunity to learn the policies. Vice Mayor Shelley expressed his concern that if a oot?for??profit charges admission to an event, it was open to the public, but at a cost. Essentially, the City would be allowing a not~for~profit to make money that may not serve a public service. He stated it was the hope that they would use the profits to provide a public service for the local community, but there was no guarantee that would be the case or that the Council would all agree with that public purpose. He stated his preference would be that the event be free for the public to attend in order to qualify for the fee waiver. He noted that if an organization was going to charge a fee to attend an event, the facility rental should be incorporated into the fee. Park's and Recreation Director Maytan explained they left that language in, except for the word free, because a City facility fee was being waived and a taxpayer should have an appertunity to attend. Vice Mayor Shelley explained it should be open for the general use of the public as a whole and they should not be charging. He noted that if a not?for?profit who charges wished to use the facility for free, the Council had an opportunity to sponsor that particular event as part otthe Fee Waiver application process. He summarized that he had an issue with a policy that allows the not- forqprofits to charge because it would not allow it to be open and free to the public. Councilman Williams asked for clarification on the deposit requirement and how staff was determining an organization was a not-for-profit. HOMESTEAD CITY COUNCIL MEETING MINUTES PAGE 2 Novamber 19, .2014 Parks. and Recreation Director. Maytari explalned that' In the past wh en the usage fee was waived a deposit: was not required However; the concern had beer: raised that if an organization damages the City property, the repair?. Would come: out of the Parks and Recreation budget. To limit that liability, a security deposit was recommended so that the funds were available for repairs or- cleaning In terms- of cont? rming the noneprofit status he reported staff used the Sonbiz and IRS websites to con?rm the organization was an active 501123 an tiller 3 not-for~prof? Councilman rentth'e'Phichol Williams-Center, adding he has. reoeived feedback fromthe" Southwest comm unitv that the iees- were'tod high- Parks and Retreation Director Mfaytan ?reportedthe-feo for Phichiol-Wi'lliams- was $200 f0? ??trfOF profit organizations ands-50.9 for others. He "noted the fees had been the some for years. countilman Williams inquired why. the word sponsorship was removed He noted it was his understandmg that each council person would be able to have funds to: use toward sponsorships Parks and Recreation Director Maytan reported each electedof?ciol'would receive $2,500 to use as a: creditgtogfund _r.eq nests; __He"expla_inedith_e ?application; process,adding-the Council had 7 days to respond if they ?chose to fund a requeett He noted ziftwo or more elected officials were interested in "funding-5a request, the fee ?1on be split-between "the eleciied of?ciaiS- CounCili?'ahWiIliaimS inquired if fall'the' building's had'the'_sam'e- rental fee structure. He noted that the Sooth?west District was Improvised and it-wa?s a hardship. to pav'the $500 fee. He reiterated that he receives many complaints th?at-the-feewas too high and inquired. if staff had received complaints as well. Parks-and Recreation-Director Mouton explained that the different facilities had different rental fees depending anthe- amenit'i'es. He reported staff has receiized "complaints that the Phichol Williams Community Center fees .we're?high, adding-the. Council would have an opportunity to make: atth December meeting. He noted. it the Waiver of Fee Policy was moved Code. change?woulti he forthcoming the policy. in terms of free versus open to the public? Mayor Porter commentedth'e Rotary Club Was a 501c3, but Would be required to pay the fee for the building because: they do charge for their events. He commented a Councilmember would have an OppOrtUnityto sponsor them Parksand Recreation Director Maytan noted the-fW'aiVerof'Fee application" had a question about whether the event would benefit the community and ifit' was open to the public. Councilmazn Williams inquired labout the meetings that were currently held at Phichol Williams by Parksand Recreation Dirt-actor Maytan explained anyone who wanted a-waiver for a facility would be required to follow the Fee Waiver Pelicv process. HOMESTEAD MEETING-MINUTES PAGES November 19,. 20124 Councilman Williams expressed concern with the requirement that the waiver application be turned in 90 days in advance of an event since many people did not plan that far ahead. Parks and Recreation Director Maytan explained for the first year the 90 day requirement would be waived to give people an opportunity to get familiar with the policy and learn all the rules. Councilwoman Waidman Stated the Council could consider waiving the?fees for committees that meet at Phichol Williams on a routine basis when the fee schedule was discussed at the next meeting. She also noted that they would be working on how to handle events, such as a birthday party, that would not typically be planned 90 days ahead of time. Parks and Recreation Director Maytan noted that the new policy also addressed the annual signature events that were previously coming before Council. Mayor Porter commented that it was a policy that could be amended as needed. He asked if anyone had any opposition to moving forward with the proposed policy. City Attorney Weiss explained that the ?rst reading of the Code Ordinance amendment would be in December with the second reading in January. Vice Mayor Shelley reiterated his concern that open to the public was not sufficient to him to waive a fee for a not?for?pro?t, adding essentially the City was endorsing the raising of funds for a not~for-profit versus endorsing a not-for?profit putting on an event for the public as a whole. He stated he raised the issue as a discussion point and he would accept the majority vote. Councilwoman Waldman stated she understood where he was coming from, but the not-for- profits were doing good work and the funds they raised would go back into a public purpose. City Attorney Weiss stated staff would bring it forward to the next meeting as currently worded and a Motion could be made at that time to change the language if needed. Mayor Porter stated the intention of the policy was to limit the ?City? 5 exposure to what dollar amount of fees were waived. The policy at least provides a reasonable cap on the fee waiver process. He stated Councilman Shelley had a good point and it could be voted up or down when it was brought back before Council for a vote in December. 6. CONSENT Aswan i. OCTOBER 14, 26:14 Come/lures or THE WHOLE Minutes OCTOBER 14, 2014 SPECIAL CALL MEETING MINUTES OCTOBER 22, 2014 COUNCIL Minutes OCTOBER 22, 2014 COUNCIL PRESENTATION MINUTES HOMES TEAD o?nr coon-ca. mar rims MINUTES PAGE 4 November 19, 2014 A Motion was made by Councilman Burgess, and seconded by Councilman Maldonado, to approve the Consent Agenda as submitted. Mayor Porter asked all in favor? Vote: Ayes all. Motion carried. 7. PUBLIC HEARINGS - ORDINANCES, LAND USE ITEMS. ETC: (al QUASI-JUDICIAL PUBLIC HEARINGS - PLEASE BE ADVISED THAT THE FOLLOWING ITEMS ON THE AGENDA ARE lN NATURE. IF YOU WISH TOCOMMENT UPON ANY OF THESE ITEMS, PLEASE INDICATE THE ITEM NUMBER YOU WOULD LIKE TO ADDRESS WH EN THE ANNOUNCEMENT REGARDING THE ITEM Is MADE. AN OPPORTUNITY FOR PERSONSTO SPEAK ON EACH ITEM WILL RE MADE AVAILABLE AFTER THE APPLICANT AND STAFF HAVE MADE THEIR PRESENTATIONS ON EACH ITEM. SWEARING IN. INCLUDING PU BLIC TESTIMONY AND EVIDENCE, MADE UNDER OATH OR AFFIRMATION. ADDITIONALLY, EACH PERSON WHO GIVES TESTIMONY MAY BE SURIECT To CROSSEIIAMINATION. IF YOU DO NOT WISH TO BE EITHER OR SWORN, YOUR TESTIMONY WILL BE GIVEN DUE WEIGHT. THE GENERAL PUBLIC WILL NOT BE PERMITTED TO CROSS- EXAMINR WITNESSES, BUT THE PUBLIC MAY REQUEST THE COUNCIL To ASK STAFF OR WITNESSES ON THEIR BEHALF. THE FULL AGENDA PACKET ON EACH ITEM IS HEREBY ENTERED INTO THE RECORD. PERSONS REPRESENTING ORGANIZATIONS MUST PRESENT EVIDENCE OF THEIR AUTHORITY TO SPEAK FOR THE ORGANIZATION. FURTHER DETAILS OF THE PROCEDURES MAY BE OBTAINED FROM THE CLERK. (IN ACCORDANCE WITH CODE SECTION 2691, ANY LOBBYISTS MUST REGISTER BEFORE ADDRESSING THE COUNCIL ON ANY OF THE FOLLOWING mams). AT THIS TIME COUNCILMEMBERS MUST DISCLOSE ANY COMMUNICATIONS CONCERNING ANY ON THE AGENDA. City Attorney White read the above into the public record. The following ex?parte communication disclosures were made: Councilman Burgess reported he had spoken to the applicants regarding CAR #1307? PH #2014~ 46 Final Plat for Country Gardens Single-Family Residential Subdivision (Tab 4), CAR #1330 -- PHIT2014-16 Baywinds Master Plan Amendment (T ab 5), and CAR #1339 - Rezoning Ordinance ?Treo Kingman (Tab 6). Councilman Shelley reported he had spoken to the applicants regarding CAR #1330 - Baywinds Master Plan Amend ment (Tab 5), and CAR #1339 Rezoning Ordinance Treo Kingman (Tab 6). Councilwoman Waldman reported she had spoken to the applicant regarding CAR #1330 - Master Plan Amendment (Tab 5). Councilwoman Fairclough reported she had spoken to the applicants regarding CAR #1330 - Pl-l#2014e16 Baywinds Master Plan Amendment (Tab 5), and CAR #1339 Rezoning Ordinance wTreo Kingmen (Tab 6). City Clerk Elizabeth Sewell swore in person (5) who wished to testify on quasi-judicial items. SECOND REA DINO HOMESTEAD CITY COUNCIL MEEHNG MINUTES PAGE 5 November 19, 2014 i. CAR #1306 PH #2014-32 REZONING A 9.828 PARCEL FROM GENERAL USE RETAIL COMMERCIAL Zooane Dormer . AN ORDTNANCE OF THE OF HOMESTEAD, FLORIDA, CONSIDERING THE REQU EST 0F LLC FORA REZONING OF AN APPROXIMATELY 9.8 ACRE PARCEL FROM THE GENERAL USE (G) ZONING DISTRICT TO THE RETAIL COMMERCIAL BUSINESS ZONING DISTRICT, FOR PROPERTY LOCATED AT THE NW CORNER OF SW 162?? AVENUE AND SW STREET AS LEGALLY DESCRIBED IN EXHIBIT AND PROVIDING FOR AN EFFECTIVE DATE. The above agenda item was deferred to the December 17, 2014 Council meeting earlier in the agenda. ii. CAR #1307 PH #2014-46 FINAL PLAT FOR COUNTRY GARDENS RESIDENTIAL SusosyISIom A RESOLUTION OF THE CITY OF HOMESTEAD GRANTING FINAL PLAT APPROVAL FOR COUNTRY GARDENS, LOCATED WEST OF AVENUE BETWEEN NE 163TH STREET AND 22?? STREET AS LEGALLY DESCRIBED iN EXHIBIT CONSISTING OF APPROXIMATELY 18. 69 ACRES, AND PROVIDING FOR AN EFFECTIVE DATE City Attorney White read the Resolution title into the public record. Development Services Director Corradino reported the applicant met all the criteria of the City Code and staff recommended approval of thefinal plat for Country Gardens. He explained it was a 100 unit single family residential development on close to 18 acres of land He noted the item had been deferred at the last Council meeting to give the applicant an opportunity to meet with the neighboring community Mayor Porter inquired if there were any questions from Council and there were none. Mayor Porter Opened the Public Hearing. Mr. Hugo Arze, 701 Brickell Avenue, reported DR Horton met the technical requirements and had addressed the concerns of the residents. He stated construction was err-going and he pledged to keep the communication open if any other neighborhood issues arise. He noted the HOA President, Mr. Belamy, had sent him an email that day stating they would not be attending the Council meeting as they had no further concerns. Councilman Burgess thanked them for addressing the concerns of the residents. Vice Mayor Shelley inquired how the issue related to the fence had been addressed. Mr. Arza responded th at when they walked the property with the neighborhocid representatives, it was easier to explain the fence line up, the landscaping, and the elevations. He reported the HOMESTEAD CITY co UNCIL MEETING MINUTES PAGE 6 November 19, 2014 neighbors were okay with the existing plan. Vice Mayor Shelley thanked them for working with the residents. Mr. Ed Powell, residing; at 745 SE 187'? Lane in Homestead, stated he didenot recall the item going through Planning and Zoning. ?He ?expressed concern about the average size of the lot of the property. Councilman Burgess stated the item was first passed in 2006 by the Council, adding the only change that had come back to Cooncil was a recent roof design change from aluminum to ceramics Mr. Powell inquired if the applicant was required to come back before the Planning and Zoning if it did not move forward within a certain period of time. Development Services Director Corradino responded the density was 5.3 units per acre and the lots were 7,500 sq. ft. He noted the applicant had previously received site plan approval and started constructing the infrastructure on the site, which meant the site plan remained valid. There were no further public comments; therefore, Mayor Porter closed the Public Hearing. A Motion was made by Councilman Burgess, and seconded by Councilwoman Waldman, to approve CAR #1307 PH #2014416 Final Plat for Country Gardens Single-Family Residential Subdivision. Mayor Porter called fer the vote. Roll Call Councilman Burgess Yes Councilman Maldonado - Yes Councilman Williams - Yes Councilwoman Fairclough Yes Councilwoman Waldman - Yes Vice Mayor Shelley Yes Mayor Porter Yes Motion carried. FIRST READING . - CAR #1330 BArwmos MASTER PLAN AMENDMENT AN ORDINANCE OF THE CITY OF HOMESTEAD, FLORIDA, CONSIDERING AN AMENDMENT TO THE BAYWINDS PUD MASTER DEVELOPMENT PLAN BY MODIFYING THE MIX OF RESIDENTIAL DWELLING UNITS BY INCREASING THE NUMBER OF HOMES FROM 558 UNITS To 59? UNITS AND DECREASING THE NUMBER OF TOWNHOMES FROM 515 UNITS To 476 UNITS HOMESTEAD CITY COUNCIL MEETING MINUTES PAGE November 19, 2014 PROVIDING FOR NO. INCREASE IN. THE TOTALAMOUNT OF PREVIOUSLY APPROVED RESIDENTIAL DWELLING WITHIN THE BAYWINDS PUD MASTER DEVELOPMENT PLAN, MODIFYING THE MIX OF RESIDENTIAL PODS WITHIN THE sArwlNos PUD MASTER DEVELOPM ENT. PLAN BY COMBINING PODS AND INTO QNE UNIFIED RESIDENITAL POD AND FURTHER PROVIDING FOR MODIFICATIONS To BOTH RESIDENTIAL LOT WIDTHS AND SIZES FOR VARIOUS RESIDENTIAL LOTS As PROVIDED FOR WITHIN THE MODIFED RESIDENTIAL PODS FOR AND WITHIN THE PUD MASTER DEVELOPMENT PLAN LOCATED ON THE NORTHWEST CANAL DRIVE) AND sw 142ND AVENUE ASLEEALLY DESCRIBED IN EXHIBIT AND PROVIDING FOR AN EFFECTIVE DATE. City Attorney White read the Ordinance title int?O'the "public record. Development Services Director Corrad'ioo. reported staff .recOin?ni?ndedapproval of the proposed 'am?ndments to the Baywinds Planned. Unit Development (HUD) Master Plan. He noted the Baywinds PUD Master Plan was initialiy approved in 2004;3'n'dssu'bsequently modi?ed in 2006. He explained there were a number of changes to thefMasterPla-n, all based on previous approvals, and staff worked with the developer on: ?ve different He'stated; units were being moved around, increasing some lot sizes and docreasing others,xand Shifting product types around with an outcome of an overall better prod uctI'wIth increased gr?enSpace. tie-stated it was a net zero gain or loss on the entire project. Vice Mayor Shelley stated that Since then nits were apprdired'in 2004 and modifi ed in 2006, the developer, as a matter of right, could build exactly the unitst'hat were already approved. Today, the developer was asking to make some: modifications to the: pods within the PUD that would make it a better product. He noted lf?themodifiCation was not approved, the developer could build as previously approved He explained-"that? it was not the current City COIIncil approving additional units, as the developer was aIready guaranteed units and the; Council was trying to take those units and make it better He asked the applimnt about the timeframe for the linear park became he would like to see it built Immedlately so that the pork was available for the residents even before all the homes were built Councilwoman Waldman stated the plan? .befOre them was So- much better than what was previously approved. She thanked Lennar Homes and stated the project had her full support. Mayor Porter opened the Public Hearing, Mr Hugo Arza, 701 Brickell Avenue, gave the history of the project noting it ihas been under construction continuously for ten years and that there had been an economic downturn that adversely IMpacted real~estate. He further explained that the economy had improved and there was a need, based on the current hou?sihg market, to make. changes [to the project to help the product sell faster. He stated they woi?ked with staff and noted no new units were being requested. He described the changes in detaii fOr each parcel, which included providing for more Single~family homes by repositioning some of the parcels. In addition, 'Mr. Arza described the HOMESTEAD CITY MEETING MINUTES P14658- .Novmber 19,; 2014 clubhouse amenities and showed: aerial map of the proposed "site.- 'and rendering of the clubhouse He stated they would agree to proceed with construction as. soon as the permits were approved. Mr. Ar-za also described the park prOjeCt and provrded a "rendering of the proposed linear perk along?outhwest 328.5tijeet. Councilman'Williemeleft the meeting aft-3:57 reported-that the City would not incur any-maintenancetosts forithe park as it would be maintained 'by-ith'e CUE). tin" -conciusio.n,_ lie-thanked their recommendations and assistance in the planning He asked for the Council?s support fer the first reading to modify the PUD Master- Plan and again in December to amend the site plan He noted that they would agree to any reasonable "requests to eXpedite' the park and clubhouse, adding that the construction time fer the clubhouse was 9-12 months He cori'eihd'ed that the outcome would be abetter product" mix, faster build out, and additional amenities on an expedited basis. Mayor'Per?teras'ked for..CIari?cation on the timing-farther linear-park.- Miami. on behalf: of LennarHomes, responded the design of'theqpark was and they. could submit their permits within 30 days and go into conStrutti?or'I a?sgsoon issued. CounciIWOman Fai'rdought'stated "shelived in the area and it. has been frIIStreting looking at the undeveloped pr?dperty, adding she was excited to-seeit "moving forward. She agreed with the marketd'riven approach tozcr-eate' saleable. productfor'the com mu nity-end liked that th ey were decreasing the number of townhomesto offer- more sin?lefamilv homes. She noted she had some. questions. about the would hold these questions until the second reading. She: stated .she- has been advocating with Len-oar for years to move the clubhouse and teqp'ested'the- speci?c: time?ne fer the clubhouse. Cou ncilmanWiliiams.returned to the'me'eting. at 7:12 m. Mir. deingu'ez; responded it Wool'dltake no'morethanIQO-days to complete the design drawings for the clubhouse and ?submit the permit. He stated date the permit Was issued they would move fortvard with construction He offered to add a timeline to the resolution that would commit Lennar to complete the construction of the clubhouse. Councilwoman Fairclo-ugh- asked staff to hold'th eir feet to as: it related to the clubhouse. She stated Leonor has been very accommodating to her requests the past 6 years on behalf of the Baywi?nds- commonity. She commented. they had addressed the monument sign, the lighting, potholes. and guard gate issues. She also thanked the Planning and Zoning Board for their hard work. cauncilman Borgess stated he knew. it was a better project and thanked Lenner, adding the amenities would make it a complete neighborhood for all of the residents.- Councilman Burgess expressedhis concern that the City needed to take control andget rid of the PUD. He explained a PUD Was for. mixed land use commercial and. residential, bot thetwas nothow it was being used. HOMESTEAD cor COUNCIL meme MINUTES PAGE .9 NOV-ember 19, 2014 He requested staff Come back with some language to eliminate or new language that would not allow a developer to jam as tnatiy- units as they did into a PUD. Councilman Burgess noted the City had a lot of vacant land and at some point" the Council needed to "do away with the PU D5 to for bringing the project? forward Mayor Porter opened the'Publi'c Hearing; Mr. Edmrd Powell, residing at 13*? Lane; utes from Manning 'Hevstate-d theepproval was M2004, with a reap proval in 2006, and the plan was. not braken Hestated when the Planning Zoning" Boatd asked the dueStiOn bit-taking} 5,000 sq. ft. lots down to '4 000 the response was only 3 lots addingthey were sacri?cing :1000fe'et of a preperty to gain 3- more. He. reported they asked about the clubhouse and were told they: Would consider it. He commented the clubhouse was probably in the original sales literature atid it should hai?te been . part of- the original Master Plan He: suggested. the other construction should stop until the clubhouse was built Mr- Steve MCDuffy; residing iti Neppe at the Vineyards, thanked Feinclough for her help pushing the. clubhouse forward, He asked to see the drawmgs of the location of the units and was shown the drawings presented earlier In the meeting In cenclusioni Mr. thanked the Mayor and Council for their sot-vita to the tern munity. [Vin-ninthony- Rodriguez stated he conductsbusiness-in He. commented the addition of?the units being built would-contribute toward the-association monetarily, which would help support the cost noted the more units- in an association to bring the HOA revenues-um the better the esthetics and appearance of the community. He noted in a smaller es'socl.fiizinnl .oecef'you have a few delinquent owners}: the HOAICBH see-edjeficit in terms offunds to maintain "land-seeping. Restated he Supports the-Lenny plans presented that night. councilwoman' Faircleufgh stated she understood that: building the clubhouse ?rst would cause Lennar to go into deficit funding since there. were: not enough hotnes- built out. She stated she wan-ted that she could support the. item. [inn-Arm referred to. the timeline and suggested a condition be added. He noted the timeline included an bmit'ting a: permit for the linear park within 30 days of the finalapproval in December and en bmittingthe: cluibho use plans for staff review within 90 days from the December approval. 'He statedjtihe work would commence within 30' days of receiiring the staff approval He reiterated that the timeline could be added as a condition of approval.- In response to Mr. Rodrigue2 he commented that Lenn-ar has been deficit funding to maintain the. site looking presentable and agreed that as mdre units were sold, there would be more families contributing He stated that Lenhat was committed to assisting. with the funding until 'all't'he units. were sold and it became a self-eustai'ning community. City Attorney White stated staff could condition the development order for consideration on HOMESTEAD cm courted MEETING MINUTES PAGEIG Name: 1942014 second reading. He explained that if Council was looking for assurances for the actual completion ofthe clubhouse and the linear park, a benchmark should be included on the back end, adding a building permit could be kept Open for years. He commented the Council could require the C0 be ?nalized for the clubhouse and park prior to the construction of the other pods. Councilwoman Fairclough stated she did want assurances, but did not wish to halt all of the construction as she believed it could be done simultaneously. She suggested Lennar and staff work out the proposed language and bring it back to the second reading. Mr. Arza stated that he would work with the City Attorney and staff to draft the language for a- timeline. He explained that Lennar would like to begin building the pods at the same time as the clubhouse and park. Mayor Porter inquired how long it would take the Building Department to review the plans for the linear park. Development Services Director Corradino stated it would take approximately 2 weeks. Councilwoman Waldman commented that if the clubhouse had been promised since the beginning, perhaps the current HOA fees already included a reserve for the clubhouse. She offered her assistance as she has been onthe Villages Hon Board for many years. Vice Mayor Shelley stated he believed City Attorney White was suggesting that if the clubhouse I was not completed within a certain time frame, the Co?s stop until the clubhouse and linear park are complete. City Attorney White stated they could come up with language that was reasonable and appropriate so that the developer can proceed with building units concu rrently with the linear park and clubhouse, but at some point a benchmark would need to be met. Vice Mayor Shelley stated he agreed there needed to be an enforcement mechanism to make sure the community gets what was promised. Mayor Porter stated the direction was clear and asked if there were any other questions from Council There were no further public comments; therefore, Mayor Porter closed the Public Hearing. A Motion was made by Councilwoman Faircloogh, and seconded by Councilman Maldonado, to approve CAR #1330 - Baywinds Master Plan Amendment. Mayor Porter called for the vote. Roll Call Councilman Maldonado Yes HOMESTEAD CITY COUNCIL MEETING MINUTES FAGE 11 November 19, 2014 Councilman Williams - Yes Councilwoman Fairclough .. Yes Councilwoman Waldman -- Yes Councilman Burgess .. - Yes Vice Mayor Shelley - Yes Mayor Porter Yes Motion carried. Councilwoman Fairclough left the meeting at 7:37 pm. to take care of her mother who was ill. FIRST READING iv. CAR #1339-- 42 REZONING TREO KINGMAN AN OF THE CITY OF HOMESTEAD FLORIDA, CONSIDERING THE REQUEST 0F TREO KINGMAN, LLC FOR A REZONING OF AN APPROXIMATELY 77.3 ACRE PARCEL FROM THE AGRICULTURAL (AU) ZONING DISTRICT TO THE ONE FAMILY (Rd) ZONING DISTRICT, FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF 5w 152ND AVENUE (KINGMAN ROAD) AND sw SZOTH STREET (MOWRY AS LEGALLY DESCRIBED IN EXHIBIT . PROVIDING FOR AN EFFECTIVE DATE. City Attorney White read the Ordinance title into the public record. Development Services Director Corradino reported staff recommended approval of the request to rezone an approximately 73 acre parcel known as ?Treo Kingmen? based upon staff review and analysis of the application materials, the City?s Comprehensive Plan and Future Land Use Map (FLUM). he property, which has requested a rezoningto Single-Family was currently zoned Agricultural Use (AU) and has a Future Land Use Map (PLUM) designation of Low Density Residential Use The minimum lot size within the EM District is 7,500 SF, with a minimum lot width of 50 feet. In conjunction with this application, requests for Site Plan (201443) and Tentative Plat (201444) approvals have been submitted for a proposed new 24? lot single family subdivision on the property, with a density of3.13 units per acre? The Planning and Zoning Board recOmmended approval of the requested rezoning at the October 8, 2014 meeting by a unanimously 5-0 vote. Councilman Burgess noted that he received on email with concerns from a-resident of the area, Kevin Sullivan. He stated the exit on Kingman Road continued to be a concern and that between the hours of 6:30 am. and 9:30 am. the road was an He stated he did not want to hear numbers from a traffic engineer stating it was okay because he drives that road every day and an exit on Kingman Road would be a problem He explained an entrance would work but not an exit due to the amount of traf?c already on the road. He commented the County keeps delaying the project at Kingman and Pacific Blvd. related to the stop light He commented there was another problem with the property lines as the high point 'of the North Gate property lines sits 15 feet back. Councilman Burgess stated North Gate has a beautiful fence along the length of the property line that would be destroyed, which has not been addressed with the HOA. He asked HOMESTEAD CITY COUNCIL MEETING MINUTES PAGE 22 November 19, 2014 whatwas being done to mitigate the wetlands that "Sit- for-ward side of the property and whatth?e cut through would do to the road. Development Corgadino "stated staff would-work with the developer on those details during-the; Site Mandi-013655- BU. r'gess stated he wanted to get those details figured out before the site plan and if there were no answers at this time, he Was going to ask for a deferral He Stated there were too many questions about the prefect in one of. the most established neighborhoods in all of Horn estead. He stated although the deveIOper reached out to the torn mu any, they did not get all the addressed. A madaby Councilman-Burgess,-and seconded by Councilman Williams, to-defer the prdject. Mr Juan Mayo] One Brickell Adenue, stated he was present on behalf of the applicant He ciari? ed they did not have all the. answer-s that day, but they did meet with the North Gate HOA as a whole, as well. as: With Mr. Indlyidually He? stated there? was a good exchange of ideas and they had addressed many questions related to the fence and drainage; however, they had been deiayed Iri scheduling the" follow-up meeting as one of the; prInCIpals had a heart attack and the other principal Was out; of the country Mayol stated they were in the process of scheduling the follow-:su-p meeting with the associatidn; which Would address the fence Issue on the-sooth side-of the project and-aISo-discuss the drainage further. He noted that by law, they could the'North Gate: property. In terms. of Kingman andthestraf?c movements, he stated he was not prepared to answerthat question He requested the Council move forward on the first reading, adding he wo?dld be prepared to address thowse Issues at the second reading He noted the application befOre Countil was a rezoning to an and the density was low half the density allowed. on the Master Plan and half- the density approved' In 2005. He stated it was a beautiful single? family home projett and he was prepared to give the full presentation or could wait if the item was deferred . Councilman Borgess explained It put the Council In a dif?cult sittiation when items were moved to the second reading with unresolved issues. He stated it was 3 hide: project; but the Issues needed to be resolved before the project movedtoo far downthe road because it would be problematic - lat-er..- He'statedtheregwas tweaking to-b'e derie "to address. the'coneerns of the neighbors who were taxpayers. Mr- Mayol reported he would go back to Kimley Horn and ask them to address the drainage and entrance issues. He stated they would be meeting with the HOA again the first week of Dgcember. Vice Mayor Shelley stated he had no problem with the deferral ifthe applicant was okay with it so that they Could work on the Issues. mentioned He suggeSted that. to avoid the problem In the future staff proyide the zoning and site plan information as a package so thatthe elected of?cials were more informed. on COUNCIL manna whores-- . PAGE 13. November 1-9, 20-14 Coon. cilwdman Waidman commented that she Would not have voted for the Everglades school if she knew the promised light would newer get pot in; She the council was now more careful about moving forward without all the? Issues being. addressed. She commented she spoke to some of the homeowners who were very pleased with the project but wanted some of the issues addressed in writing, especially the fe?ope She stated she believed it would be In the applicant? 5' best interest to allow the Item to be deferred that night so that they could come back united Min-Mam Statedthe applicant?wes fin With thedeferralaerid looked forward to meeting with the North Gate Association to address the out-Standing isS'ues. development,fc_ity M_a-nager-G_retsas: inquired if'th-e Council would like staff to bringback idfeaszto betterinsure-quality developments and the best way-to package it so that the zoning was as driver toward increasing- the-1yalue of the property. He stated the economy was picking up and there were apprommately 2 500 new units that would be coming fairly quickly He explained that the. philosophy In some Cities was that: zoning changes were not allowed uoiess it would result in a benefit to the City In terms of a better development. He some of the issu es in the City Including PUD projects, of retention ponds to; satisfy open space redmrements and "developments that heed more green space and amenities He noted on the flip. side, the: Cooncil may get push back. from the-.- development Community. Cou ncilman Burgess stated he agreed with the City Manager and believed the Council needed to take Charge He commented the development issues should be ironed out up front rather than the projects coming. back years later with unresolved probiems. Mr. Mayol stated he understood and it was their intent to do it right' In a way that the Council would feel comfortable moving forward with the project He noted they have submitted a site plan, which was going- through the process, and that he hoped to have all the answers to the questions at the December 17., 2014 Cou ncil Mayor Porter stated red ?ags sh ould. ?iy When a developer comes to the- City with a lesser product stating ii: Was what was Selling. He commented it was a good dis'cu ssion and the City was on the right track He stated he would like the bar raised higher and the types of- development that were the rule. should now. he the exception _In response to City Manager Gretsas, he stated it appeared the general consensus of the Council was the City needed Ito raise the level of expectation for development, and the City Manager should move forward Councilwoman Waldman stated she agreed, adding what the Council was dealing with today was not what they were dealing With back when the" City was elm ost bankrwupt She stated the project before them was beautiful and requested each elected official receive the rendering booklet for their file". There were no further p'uinc Mayor Porter closed the Public Hearing. The Motion for deferral is restated beIow. HOMESTEAD CITY COUNCIL MEETING-MINUTES PAGE 1.4 November 19, 2014' A Motion was made by Councilman Burgess and seconded by Councilman Williams,t defer CAR #1339 42 Rezoning Ordinance? Treo Kingman. Mayor Porter called for the vote. Roll Cali Councilman Williams - Yes Councilwoman Waldman Yes Councilman Burgess - Yes Councilman Maldonado Yes Vice Mayor Shelley Yes Mayor Porter Yes Councilwoman Fairclough - Absent Motion carried. City Manager Gretsas expressed concern that the applicant would not be able to submit the updated information to staff In time to provide it to Council when the December council agenda packetvwas normally distributed After a brief discussion, Mr. Mayo] stated he was confident he could resolve all the questions in time for discussion at the December 17, 2014 meeting. City Attorney White and Development Services Director Corradino reviewed the timeline and noted due to the time constraints the Council may not receive the supplemental information until the day of the Council meeting Mr. Mayol asked that the Council consider making the Motion to a date certain, specifically December 17 2014 A Motion was made by Councilman Burgess to have the item come back to Council on a date certain, December 17, 2014, with the understanding that the developer would re'soivethe issues with the homeowners at North Gate. Councilwoman Waldman seconded the Motion. Mayor Porter called for the vote, Roll Call Councilman Williams Yes Councilwoman Waldman - Yes Councilman Burgess - Yes Councilman Maldonado Yes Vice Mayor Shelley - Yes Mayor Porter . Yes Councilwoman Fairclough Absent HOMESTEAD CITY COUNCIL MEETING MINUTES 15 November 19, 2014 Motion carried. Councilman Maldonado left the meeting at 3:15 pm. Mr. Edward Powell, resident of North Gate, stated two days before the Planning Zoning meeting Mr. Sullivan met with the applicant. He noted Mr. Sullivan was the delegate for the Keys Gate - Community and that he has no input different from any other resident. He stated Mr. Burgess? concerns were enlightening and suggested he attend an HOA meeting at which his concerns would be re?ected in the minutes of the meeting. Councilman Burgess asked to be informed of the next HOA meeting date so that he could?attend, if possible. Mayor Porter stated that each Council member represents everyone in the entire City and votes on'issues that affect all areas of the City. Councilman Burgess noted the reason he referenced Mr. Sullivan was because he had received a letter from him expressing his concerns as a citizen. Ms. ieannet Peal, 730 SE 18 Lane in North Gate, stated this was her first time attending a Council meeting and expressed how proud she was of all of the elected officials. She stated the North Gate meetings were the first Tuesday of every month and thanked the Council for protecting the City. v. CAR #1320 PARTIAL VACATION or PUBLIC A RESOLUTION OF THE CITY OF NOMESTEAD, FLORIDA, APPROVING A REQUEST TO VACATE A 0F THEORETICAL SW 149TH AVENUE AND RESERVING TO THE CITY ALL RIGHTS OVER ANY NEEDED PUBLICUTILITY EASEMENTS AS DESCRIBED IN EXHIBIT AND PROVIDING FOR AN EFFECTIVE DATE. City Attorney White read the Ordinance title into the public record. Development Services Director Corradino reported staff recommended approval of the Resolution to vacate a portion of the theoretical right?of-way of SW 149th Avenue. He gave the history of the parcel stating that in 2005, the City Council approved a request to partially vacate a right-of?way (ROW) {Resolution No. 2005-06-86) within the: Oasis PU for an approximately 1,630 foot portion of the road consisting of the east 25 feet of said right-?of?way. This vacation included the east half of the right-of-way adjacent to the application. Mayor Porter inquired if there were any questions from Council and there were none. Mayor Porter opened the Public Hearing. There were no public comments; therefore, Mayor Porter closed the Public Hearing. HOMESTEAD CITYCOUNCIL MEETING MINUTES PAGE 16 November 19, 2014 A Motion was made by Councilman Burgess, and seconded by Vice Mayor Shelley, to approve CAR #1320 - PH 2014-53 Partial Vacation of Public Rilght~of~Wayt Mayor Porter called for the vote. Roll Call Councilwoman Waldman Yes Councilman Burgess - - Yes Councilman Williams - Yes Vice Mayor Shelley - Yes Mayor Porter . - Yes Councilwoman Falrclough Absent Councilman Maldonado Absent Motion carried. 8. LEGISLATIVE MATTERS ORDINANCES FIRST READING i. CAR #1329 - FISCAL YEAR 2015' BUDGET AMENDMENT AN ORUINANCE OF THE OF HOMESTEAD, FLORIDA, AMENDING THE BUDGETS FOR EACH OF THE SEVERAL FUNDS AND DEPARTMENTS OF THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2014 AND ENDING SEPTEMBER 30, 2015, BY INCREASING THE TOTAL BUDGETED REVENUES AND EXPENDITURES BY $55,544,778; PROVIDING FOR A REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. City Attorney Weiss read the Ordinance title into the public record. City Manager Gretsas reported that the purpose of the amendment was to roll the amounts encum bered primarily for ongoing capital projects at ?scal year?end 2014 into the current ?scal year?s budget and explained that the amendment was done annually during the month of November. He stated staff recommended approval of the Ordinance to amend the Fiscal Year 2015 Budget for various funds. Mayor Porter commented the amendment would move projects forward. Mayor Porter opened the Public Hearing. There were no public comments; therefore, Mayor Porter closed the Public Hearing. A Motion was made by Councilwoman Waldman, and seconded by Councilman Burgess, to approve CAR #1329 Fiscal Year 2015 Budget Amendment. HOMESTEAD CITY COUNCIL MEETING TES PAGE November 19, 2014 Mayor Porter called for the vote. Roll Call Councilman Burgess Yes Councilman Williams Yes Councilwoman Waldman Yes Vice Mayor Shelley - Yes Mayor Porter - Yes Councilwoman Fairclough Absent Councilman Maldonado Absent Motion carried. MOTIONS i. CAR #1328 BUDGET AMENDMENT FINAL YEAR 2014 City Manager Gretsas reported staff recommended approval of the budget amendment for departments within?the General Fund for ?scal year 2014 budget as per the Exhibit. He noted the total budget for the General fund would not be affected. Mayor Porter inquired if there were any questions or comments from Council and there were none. Mayor Porter opened the Public Hearing. There were no public comments; therefore, Mayor Porter closed the Public Hearing. A Motion was made by Councilwoman Waldman, and seconded by Councilman Burgess, to approve CAR #1328 Budget Amendment Final Fiscal Year 2014. Mayor Porter Called for the vote. Roll Call Councilman Williams - Yes Councilwoman Waldman Yes Councilman Burgess - Yes Vice Mayor Shelley Yes Mayor Porter . Yes Councilwoman Fairclough - Absent Councilman Maldonado . - Absent Motion carried. HOMESTEAQ CITY COUNCIL MEETING MINWES PAGE 18 November 19, 2014 ii? CAR #1346- RELOCATION City Manager ?G'retsasexplained that.:SOSf.has been located Withiri a City" building for many years and Staff was seeking permission-tacoatinue'th e. relatl'on'shi'pi With-SQSand include them in the thejternporary Halide-Stationand ajt?th'e new PoliceStation. Henoted if approved, staff would bring back an agreement to farmali'ze the arrangement. He commented 505 does great work and from a existing arrangement-was WQrking-very well, however, it was a pelicy decision. Councilman William'sexp'ress'ed that SOS-fh?adlgone withootra lease agreement for many years; and vet. sat: at the table and had organization, who . was asked to payment, . Councilman Maldonado returned to the meetingat 8:26" p.m. City Manager 'Gre'tsas responded that in terms the lease. agreement, it was a historical arrangement He: explained thatin the nasathingsnere donemoreinfermallv, and when he was hired-hearers asked fora by th efb'?'ok. Operation, which waswhy' theilease agreement was coming to Council. He- expl?ain?ed 505' and the Police Department were; "working hand~in~hand in partnership and obtain ?granit?ffunding. City?,i Manager Gratsas stated Whether they were required to. pay rent or utilitieswasa policy dedision, Cooncilm-an" Burgess inquiredwhat the other optioos'm'ay. be for 505'. City Manager Gretsas stated? the-CRAcoald move into the new City Hall building and then 505 could. QCclip?i th escorrenthRA building; He- cautioned that if 305 was separated from the Police Departmentathere were concerns about the continuation of certain grant awards, as well as He explained that some of the grants were" highly-competitive and being located in at Hestated-th?ey were; providing a service that was Synergizedwiththe;function ofthePolice Department ?and that'the Police Departm eat was very services that were being provided He hated one of the differences between. 505 and the: organization: referred. to. "by Councilman Williams; was that the Police Department. was ?not Satisfied" With the. services they: had been previding. He agreed with Councilman-William's that each 'organizatiOn. should have. an operatingand lease agreement approved by the Council.? After further disco ssion, City. Manager Gretsas explained ithatthey needed-direction soon so that they knew whether to reserve space for .505; in the design ofithe- new Police Station.- Cguncilman Burgess asked for- rclarl?cation on the reasoning behind SOS being located in'the Polic?e-Departmentiand how it helped 505 he more competitive. with grants. Councilwoman stated she. has been inwlved. with. $05 for many years and has seen them work Side by side with the Police Department. She 'exolained'tha?: many of their grants wodld not be available if they were not within the confines of'the Police. Department. HOMESTEAD awcourrcu. MEETING. amounts FAG '19 Noumea! 15' 2014 Director of SOS Sandi Nanni gave the history of noting; that it was; created by the Police Department in order to bring law enforcement and soCi'a'l. serviCes-itogether. She explained how the arrangement brought more suppo r't services to, Victims o?fjd?omesticyiolence. Ms. Nanni also explained that many of the grants require that .508 be co-located With'the Police Department because of the easy access to the police of?cer-in .a Situation of adding that the Police Department hands overthe victim while they workoh ?nding the perpetrator. She noted as victims come in to report abuse, 505. is there while the affiizer Writes the report. Ms. Nan ni reported that cor?location was considered anational best practite, which gave them an edge when applying for funding. Ms. Nanni also explain ed that inadditi?onito beingthe Director of 505, she writes grants for the Police Department, which helps pmyide funding-for the department. A Motion to extend the meeting for 30 minutes was. made. by Councilman Maldonado, and seconded by Councilman Burgess. Mayor-Porter asked all in favor? Vote: Ayes all. Motion carried. Councilwoman Waldm an stated the sewi'ce? SOSipi-?ovides tat-Victims" was unbelievable and noted how important the grants they write were and the Homestead. Police Department. She stated she agreed the City needed to have a, lease, which was standard practice, but it should be at a nominal fee. She commented on how-important it was that. a-victim be'able to have access to 805 at the police station, rather than beingmoved tote?; separate: location. Ms. Nanni walked the Council throughthe-St?ps that occur? once a victim of domestic violence walks through the door and how it was handled. at the Police Department, which was a location that provided safety for the victim, as well as fer-the..SOS staff. Shel reiterated that it was a national best practice to have 505 co-located-withthe Police Department and that they have been doing it for 23 years. Councilman Williams stated he was not. questioning the services, but expressed concern that other non?profits had been charged rent and SOS-was- not. He. ask-ed who had the authority to waive the rent. City Manager Gretsas stated the authority rested with the City-Council; He expiained staff did not recommend that SOS pay rent because it was seen as: a. defects) suhSidiary or arm of the Police . Department. .- Councilman Williams stated even though 505 was seen as a d'efacto part of the Police Department, it was not a reason for them to not pay rent asi-t'hey were. still a not-for?pro?t. City Manager Gretsas stated it has been a'pas't practice for-23 years-that 505 did not pay rent as there was an operational synergize between SOSaod? the Police Department. He stated if the Councii wished to charge $05 rent, it would be: done- Councilm an Williams stated he would hate preferred to see a draftjlease with square footage in order to follow the precedent preyiou sly set. HOMESTEAD-CITY COUAICIL MEETING MINUTES No Vemb?r 19,- 2014. City- Manager Gret's-as explained-he. had given his opinion regarding the rent, but it was a policy decision. which-was why it was brought to Council. Councilman Williams stated .505 was: a 50ch and the City has not put in writing what makes an exemption-for aynon?prdfitto:occupy a building for 365 days. City Manager Gretsas stated when the lease agreement was brought back that information would be provided in the. report Vice Mayor Shelley stated if it were decided to move SOS temporarily to the Police Station; he would prefer to also plan a space for them at the new Police Station Countilman Maldonado Stated he understood why 503 and the Police Department worked hand in but-ho also understood Councilman Williams? point. He suggested the City charge rent of $1.700 per-reap he agreed'that'the Council should plan to make $05 a permanent part of the Police Department. After- a brief discussion, a. Motion Was made by Councilwoman. Waldman. and seconded by Cod'ncilrnan Maldonado,- to move 505 to the temporary and later the permanent Police Department location for a rent of $12.00 a year. Vice Mayor- $helley stated he did not feel he had enough information to set the lease amount that evening. Councilman. Williams explained that his concern was with the process and not with the organization. He explained he preferred that staff come back with a recommendation as they had done. fo'rioth-er non-prd?tsthetiinoludjed square footage, an estimate to rent in a retail setting and a Staff recommendation, City Manager'Gretsasstated forth-e record that staff was only looking for direction regarding SOS andthe Police. Departmentooe-Ioeating. If the response was yes, he explained staff would bring foma r'di a lease-agreement with supporting documentation for no nsideration. Councilwoman-Waldrnan amendedhzer Motion to remove the lease amount. Cou n-cilrnan Maldonado stated" he had no objections. Police Chief Rollo. gave the history of $05 and their services to the community He explained the program was started 23 years ago because the poor people who live In Homestead could not trayel to. get help and services that were provided in Miami. He stated as the Police Chief of Homestead he has witnessed the service to the community 505 has provided and expressed his strong Support for 503110 riamai'n- in the Police Department, adding after 23 years of service to the community. 505 deserved to be in the building rent free. Mayo-r Porter opened the Public Hearing. Home roan arr COUNCIL MEETING MINUTES PAGE 21 November 19, 2014 There were no public comments; therefore, Mayor Porter clos?d the Public Hearing. The Motion is restated. below. A Motion was made by Councilwoman Waldman, and seconded by Councilman l'y?laldonado?I to move 505 to the temporary police location and to plan on moving them to the new police station in the future. Roll Call Councilman Williams - Yes Councilwoman Waldman Yes Councilman Burgess 4? Yes Councilman Maldonado Yes Vice Mayor Shelley - Yes Mayor Porter - Yes Councilwoman Fairclough - Absent Motion carried. CAR #1325 REQUEST FOR WAIVER or USAGE FEE FOR SOUTH DADE Foa FY 2015 City Manager Gretsas reported WeCare of South Dada was requesting that Mayor and Council authorize the City Manager to waive usage fees in the amount of $600 for the use of Phichol Williams Community Center for Fiscal Year 2015. According to the City?s Code, Chapter 20, Section 20?11, ?Fees and Charges? the City Council sets fees and has the right to waive Pa and Recreation fees by a majority vote-i WeCare of South Dada is a 501c3 non-profit organization that has been serving South .Dade since the early 1930?s. WeCare of South Dade holds its meeting in. the Phichol Williams Community Center as well as its annual awards brunch. A Motion to extend the meeting for 30 minutes was made by Councilman Maldonado, and seconded by Vice Mayor Shelley. Mayor Porter asked all in favor? Vote: Ayes all. Motion carried. - - Councilman Williams inquired what type of meetings they were having. Parks and Recreation Director Maytan explained the group used the Historic Room for two hours oijce a month to discuss business related to WeCare. City Manager Gretsae explained that the organization was requesting a wavier rather than paying the rental rate. Vice Mayor Shelley commented once the Fee Waiver Policy was implemented, this type of requests would be governed by that policy rather than coming to Council. HOMESTEAD CITY COUNCIL MEETING MINUTES PAGE 22 November 19, 2014 To clarify, City Manager Gretsas explained that the fact that something was on the agenda did not mean staff was promoting or supported it. Vice Mayor Shelley noted there?wase letter from WeCare in the packet about the meetings being related to collaborating with other not~for-profits, but he would like more information. . Councilman Burgess agreed and suggested the Council waive the fee for one more month and then the organization he asked to follow the Waiver of Use Policy process. Parks and Recreation Director Maytan reported all persons requesting a waiver of fee were noti?ed that they should attend the meeting in case there were any questions. Mayor Porter opened the Public Hearing. There were no public comments; therefore, Mayor Porter closed the Public Hearing. A Motion was made by Councilman Burgess to allow WeCare to continue to meet without paying the fee until a Waiver of Use Policy was in place. The Motion was seconded by Vice Mayor She?ey. Parks and Recreation Director Maytan reported he expected to have the policy in place by January 1, 2015. Councilman Williams explained that he did not believe the Council should consider a request ifthe organization requesting the fee waiver was not present at the meeting. Councilman Burgess explained that his Motion would only allow the waiver of use fee for the month of December since the new policy was expected to be in place in January. Parks and Recreation Director Maytan clari?ed that once the poliCy was adopted by Council in December, the applicants would no longer be required to go before Council at a meeting as the Waiver of Use Fee applications would be sent via email for processing. Mayor Porter called forthe vote. Roll Call Councilwoman Waldman Yes Councilman Burgess - Yes Councilman Maldonado ?Yes Councilman Williams - Yes Vice Mayor Shelley Yes Mayor Porter Yes Councilwoman Fairclough - Absent Motion carried. HOMESTEAD CITY COUNCIL MEETING MINUTES PAGE 23 November 19, 2014 At this time, it was the consensus of the Council to move up Tab 13, CAR #1323 Workers Corn pensatioo Settlement. 9. i. CAR #1323 - Women?s Comrensnnon SETTLEMENT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOMESTEAD, FLORIDA, - APPROVING THE SETTLEMENT OF ALL CLAIMS INCLUDING THE WORKERS . COMPENSATION CLAIMS or BRIAN AND PROVIDING FOR AN EFFECTIVE DATE. City Attorney Weiss read the Resolution title into the public record. Councilwoman Waldman left the meeting at 9:19 pm. City Manager Gretses stated as discussed at the August 12th, 2014 Attorney-Client Session, the City Attorney was bringing forward a Resolution settling all claims concerning the Workers? Compensation Claims of Brian Kennedy; as recommended by Eric Stettln, Esq., litigation counsel. He stated approval of 3 Workers' Compensation Settlement Agreement was required, as recommended by Eric Stettin, Esq. Mayor Porter opened the Public Hearing. There were no public comments; therefore, Mayor Porter closed the Public Hearing. Councilman Williams asked for clarificetion on the claim. City Attorney Weiss referred to the Resolution and noted the employee was a police of?cer who injured his knee in the line of duty and that all the workers? compensation issues were being settled for $40,000. A Motion was made by Councilman Burgess, and seconded by Vice Mayor Shelley, to approve CAR #1323 Worker? Compensation Settlement. Mayor Porter called for the vote. Roll Call Councilmen Burgess Yes councilman Maldonado - Yes Councilman Williams - Yes Vice Mayor Shelley - Yes Mayor Porter . Yes Councilwoman Fairclough - - Absent . Councilwoman Walciman . Absent HOMESTEAD COUNCH. MEETING PAGE 24 November 19, 2014 Motion carried. It was the consensus of the Councll .110 move to Tab :14, CAR. #1347 - Liability Claim at this time ii. CAR #1347 - LIABILITY CLAIM SETTLEMENT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOMESTEAD, FLORIDA, APPROVING THE SETTLEMENT OF ALL CLAIMS MADE BY PETRONA MENDEZ, INDIVIDUALLY, AND ON BEHALF OF HER MINOR DAUGHTER ELISA LOPEZMENDEZ, ALONG DONALD PROVIDING FOR AN EFFECTIVE DATE. City Attorney Weiss read the Resolution title into the public record. City Attorney Weiss reported a meter reader hit a car and there was a cIaim by Ms. Mendez and her daughter, as well as Donald Lopez who owned the car. He stated the-case was settled for $42,500. - Mayor Porter opened the Public Hearing. There were no public comments; therefore, Mayor Porter closed the Public Hearing. Councilwoman Waldman returned to' the meeting at 9:23 pm. A Motion was made by Vice Mayor Shelley, and seconded by Councilman Burgess, to approve CAR #1347 - Liability Claim Settlement. Mayor Porter called for the vote. Roll Call Councilman Burgess Yes Councilman Maldonado - Yes Councilman Williams Yes Councilwoman Waldman - Yes Vice Mayor Shelley I - Yes Mayor Porter Yes Councilwoman Fairclough Absent Motion carried. It was the consensus of the Council to move to Tab 19, CAR #1348, at this time. CAR #1343 AGREEMENT FOR THE RELOCATION or AGRICULTURAL BITCH AND ACCEPTANCE or A RESOLUTION OF THE CITY- COUNCIL OF THE CITY OF HOMESTEAD, APPROVING AN AGREEMENT WITH JOHN ALGER FOR THE RELOCATION OF A HOMESTEAD CITY COUNCIL MEETING MINUTES PAGE 25* November 19, 2014 DRAINAGE DITCH NEEDED FOR THE COMPLETION OF THE IMPROVEMENT OF SW PROVIDING FOR PROVIDING FOR AN EFFECTIVE DATE. City Attorney Weiss read the Resolution title into the public record. City Attorney Pete Waldman reported the agreement was pursuant to the Southwest 328*'1 Street Project. He explained the drainage ditch in question was under the ju risdiction of the Army Corp of Engineers and the Water Management District. He stated the ditch needed to be moved as part of the street construction. Pursuant to an agreement by Mr. Alger, subject to approval by Council, Mr. Alger will allow the drainage ditch to be moved onto his property. He also noted that Mr. Alger would be donating a parcel that was need ed for the 328 Street Project and provide for the necessary easements. The total exoected cost to the City would be $263,995.85. Mayor Porter opened the Public Hearing. There were no public comments; therefore, Mayor Porter closed the Public Hearing. A Motion was made by Councilman Burgess, and seconded by Councilman Maldonado, to approve CAR #1348 Agreement for the Relocation of Agricultural Bitch and Acceptance of Right-of?Way. Mayor Porter called for the vote. Roll Call Councilman Maldonado Yes Councilman Williams Yes Councilwoman Waldman .. Yes Councilman Burgess Yes Vice Mayor Shelley Yes Mayor Porter - Yes. Councilwoman Fairclough Absent. Motion carried. it was the consensus of the Council to go back to Tab 12, CAR #1349, at this time. iv. CAR #1349 AUTHORIZATION ro?seno LETTER City Attorney Weiss stated the request was an authorization to send a letter to Judge Luck. Mayor Porter noted the letter was related Itothe? Steve Bateman case. Councilman barge-as stated he believed the letter should be signed by the City, rather than the City Manager. He expressed concern that if the City Manager signed the letter, it may negatively impact him later if he left the employment of the City. HOMESTEAD CITY COUNCIL MEETING MINUTES PAGE 25 November 1.9, 2014 Councilman Williams left the meeting at 9:27 pan. Mayor Porter clari?ed that Councilman Burgess was suggesting that the letter be on City letterhead from Mayor and Council. Councilman Burgess stated since it was being discussed at a Council meeting, he believed it should be signed by City of Homestead, adding he would sign it. He commented everything he had read in the letter was truthful and had deposition support. He stated if the majority of the City of Homestead was behind it, the burden of the letter should not be put on City Manager Gretsas. City Attorney Weiss explained it was com men for someone to sign the company? 5 name and gave the example ofvan audit letter. He stated if they wanted it to come from the City, but not have an individual name on it, someone would sign it City of Homestead. Vice Mayor Shelley suggested it could be done similar to a Resolution. City Attorney Weiss explained a cover page with the Motion could be attached to the letter. Councilwoman Waldman cautioned about signing itjust City of Homestead and suggested either signing it City Council or having their individual names on it. She pointed out that there were some citizens of Homestead who may take offense at signing it City of Homestead. City Attorney Weiss suggested it could be signed City Council, City of Homestead and state in the cover letter that it had been authorized to be sent by the City Council, City of Homestead. Mayor Porter asked if it would be a Resolution with the vote. City Attorney Weiss explained it would be a Motion, but in. a similar format of a Resolution. He suggested it have language stating the letter has been authorized by the City Council, City of Homestead and signed by the City Council, City of Homestead. Councilman Maldonado left the meeting at 9:32 pan. A Motion was made by Councilman Burgess, and seconded by Councilwoman Waldman, authorizing the letter be sent to Honorable Judge Luck on behalf of the City Council, City of Homestead. Mayor Porter opened the Public Hearing. There were no public comments; therefore, Mayor Porter closed the public Hearing. Roll Call Councilwoman Waldman - . Yes Councilman Burgess - Yes Vice Mayor Shelley - Yes HOMESTEAD CITY CQUNCIL MEETING MINUYES FAGE 2? - November 19, 2014 Mayor Porter Yes Councilwoman Faircloogh - Absent Councilman Maldonado - Absent Councilman Williams Absent Motion carried. iv. CAR #1317 PURCHASE AND INSTALL ARTIFICIAL Tu RF AT BLAKEY AREA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOMESTEAD, FLORIDA, AUTHORIZING THE PURCHASE AND INSTALLATION .OF X-STATIC ANTI ELECTED-STATIC 8: ANTI-MICRORIAL ULTRA PLAYGROUND TURF ADA COMPLIANT ARTIFICIAL TURF AT BLAKEY PARK FOR THE CITY OF HOMESTEAD PARK RECREATION DEPARTMENT FROM SUPERIOR PARK SYSTEMS, PURSUANT TO CITY CODE SECTION FROM COMPETITIVE PROVIDING FOR AN EFFECTIVE DATE. . City Attorney Weiss read the Resolution title into the public record. Mayor Porter inquired if there were any questions from Council. Councilman Bu rgess asked for clarification. Parks and Recreation Director Mayten explained that when Blakey Park was first developed with CRA, the plan showed mulch, which was not as practical as the arti?cial turf. Mayor Porter opened the Public Hearing. There were no public comments; therefore, Mayor Porter closed the Public Hearing. A Motion was made by Councilwoman Weldman, and seconded by Councilman Burgess, to approve CAR #1317 Purchase and Install Arti?cial Turf at Blakey Park Fitness Area. Mayor Porter called for the vote. Roll Call Councilwoman Waldman Yes Councilman Burgess Yes Vice Mayor Shelley - - Yes M'ayor Porter - Yes Councilwoman Fairclough Absent Councilman Maldonado Absent Councilman Williams Absent Motion carried. HOMESTEAD cm co once mama MINUTES mos 23 November 1.9, 2014 It was the consensus of the Council to group the next 3 agenda items together for discussion. Councilman Maldonado returned to the meeting at 9:35 pm. v. CAR #1270; REPLACEMENTIOP TRASH CRANE vi. vii. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOMESTEAD, FLORIDA, AUTHORIZING THE PURCHASE OF ONE (11 TRASH CRANE TO BE USED FOR COLLECTION OF BULK TRASH BY THE PUBLIC WORKS DIVISION, PROM NAVISTAR, INC, PURSUANT TO FLORIDA SH ASSOCIATION VEHICLE AWARD SYSTEMS CONTRACT ?442-0904, AS AUTHORIZED BY CITY CODE SECTION FROM COMPETITIVE PROVIDING FOR IMPLEMENTATION AND PROVIDING FOR AN EFFECTIVE DATE. CAR #1271 REPLACEMENT or- TRASH TRUCK A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOMESTEAD, FLORIDA, AUTHORIZING THE PURCHASE OF ONE (1) TRASH TRUCK TO BE USED FOR COLLECTION OF BULK TRASH BY THE 5 PUBLIC WORKS DIVISION, FROM NAVISTAR, INC., PURSUANT TO FLORIDA ASSOCIATION VEHICLE AWARD SYSTEMS CONTRACT #14-12-0904, AS AUTHORIZED BY CITY CODE SECTION FROM COMPETITIVE PROVIDING FOR PROVIDING FOR AN EFFECTIVE DATE. CAR #1313 GROUNDWATER MONITORING OF FORMER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOMESTEAD, FLORIDA, ACCEPTING PROPOSAL AND APPROVING WORK AUTHORIZATION FOR SEMI- ANNUAL GROUNDWATER MONITORING WORK ASSOCIATED WITH MAYOR ROSCOE WARREN MUNICIPAL PARK, BETWEEN THE CITY AND LANGAN ENGINEERING ENVIRONMENTAL SERVICES, INC., PURSUANT TO CONTINUING CONTRACT AWARDED UNDER RFQ 2013?07; PROVIDING FOR AN EFFECTIVE DATE. City Attorney Weiss read the Resolution titles into the public record. Mayor Porter inquired if there were any comments from Council and there were none. Mafror Porter Opened the Pu blic Hearing on all three agenda items. There were no public comments; therefore, Mayor Porter closed .the Public Hearing. A Motion was made by Councilman Burgess, and seconded by Vice Mayor Shelley, to approve the following agenda items: CAR #1270 - Replacement of Trash Crane CAR #1271 Replacement of Trash Truck CAR #1313 Groundwater Monitoring of Former Homestead Land?ll Mayor Porter called for the vote. HOMESTEAD CITY COUNCIL MEETING MINUTES PAGE 29 November 19, .2014 Roll Call Councilwoman Waldman Yes Councilman Burgess . Yes Councilman Maldonado - Yes Vice Mayor Shelley - Yes Mayor Porter Yes Councilwoman Fairclough - Absent Councilman Williams - Absent CAR #1348 ENT FOR THE RELOCATION or AGRICULTURAL Dz?rcu mo ACCEPTANCE OF RIGHT-OF-WAY . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HOMESTEAD, APPROVING AGREEMENT WITH JOHN ALGER FOR THE RELOCATION OF A DRAINAGE DITCH NEEDED FOR THE COMPLETION OF THE IMPROVEMENT OF SW 328T PROVIDING FOR PROVIDING FOR AN EFFECTIVE DATE This agenda item was discussed earlier in the agenda. 10. BUSIN EES FROM THEQITY MANAGER: WEEKLY REPORTS None 11. CITY REPORT: . City Attorney Weiss reported Eric Stettin had joined the Weiss Serote Law Firm and asked for a Motion authorizing the City to transfer his contract to Weiss Serota. A Motion was made by Councilman Burgess, and seconded by Councilwoman Waldman to transfer Attorney Eric Stettin 5 contract to Weiss Serota Mayor Porter called for the vote. Roll Call Councilman Burgess . - Yes Councilman Maldonado - Yes Councilwoman Waldman Yes Vice Mayor Shelley - . Yes Mayor Porter Yes Councilwoman Fairclough Absent Councilman Williams .. Absent Motion carried. HOMESTEAD CITY COUNCIL MEEUNG MINUTES PAGE 30 November 19, 2014 Councilman Williams returned at 9:38 pm. City Attorney Weiss asked that the City Clerk schedule an Executive Session for the William Rea vs. City of Homestead lawsuit 12. REPORTS OF MAYOR AND COUNCIL: Counumnu BURGESS Councilman Burgess asked for an update on the light at Oasis and 152. Public Works Director Bree . explained the County was still working on the acquisition of the right-of?way for the light poles. Councilman Burgess offered to go with Mr. Bree to meet with the County on the issues. Councilman Burgess asked for an update on the start time for the Planning and Zoning meetings Assistant Development Services Director Michelle Lopez stated she reached out to the existing Planning and Zoning Board and all but one member agreed to the evening meetings. She stated they could start the evening meetings immediately or wait until the reappointments were com pleted., it was the consensus of the City Council to begin the evening meeting schedule in January 2015. Councilman Burgess expressed appreciation to staff for the Homestead-Miami Speedway Event. Councilm an Burgess referred to the Keys Gate Charter School lease and commented the City was promised an school and it was a He noted the Police Department has had many calls of service from the school and asked if the City had anything in the lease to make the school step the program up. He stated the City had given them. a great deal on the property and they were not fulfilling their end of the bargain. City Attorney Weiss stated he would check into it. Councilman Burgess wished everyone a Happy Thanksgiving. CounchAn MALDONADO Councilman Maldonado asked for clari?cation on the agreement that the City has have with Keys Gate Charter School in reference to the fields. He explained he has been asked about using other ?elds for their baseball program. Parks and Recreation Director Maytan explained the lease arrangement and stated he would contact the school to follow-up. COUNCILMAN WILLIAMS Councilman Williams made inquiries?to Chief Rolle about a shooting at the VFW on Saturday, November 15, 2014 and expressed concern about other. incidents at that location. Chief Rolle stated a shooting had occurred and briefed the Council on the incident. He stated he would be investigating that and other incidents at the location and would get back to Councilman Williams. HOMESTEAD CITY COUNCII. MEETING PAGS 31 November 19, 2014 Cou nciimanw'iliiarns asked for. an update on the landscaping on Street, which he commented looked horrible AssiSti-int City Manager Arn mirato stated it was his understanding that all of the marital? beds and the new" streetscape were weeded and replaced with new plantings. He stated he wooid check into the problem Councilman Williams asked for'an update on the list of his issues identified during the ride-along with Parks. and Recreation Parks and Recreation Director Maytan reported the right-of?ways were pending, but the other items on the list had been addressed Councilman Williams expressed. concern that his; .area was not receiving the appropriate timely attention City Manager Gretsas stated staff would provide an update on all of the items on the list and an estimated) completion date of'the items that had not been completed. Councilman Williams stated-thatwhjen the bulk trash was picked up in his area there were craters left behind. Public-works Director Btea stated if the gravel was loose, sometimes the claw picks up more gravel. Mr. Bree also explained that if an area gets used often, the increased activity more asshole. stated as soon as the operator realizes there, was a hoie, it should: be reperted so; that Staff can fill the hole." Milton Bailey was asked to provide a weekly the problem could be addressed. City Manager G'retSas noted that on the east side oftown the garbage truck operators dropped the garbage container in the middle of the driveway preventing entry to the garage Councilman Maldonado Stated he" had witnessed the garbage cans being dropped so hard that the wheels were: being broken off; which Was. an inconvenience to the resident. Public Works Director Bree reported?h'ewould- ch eck into it and commented the wheels were replaced as needed at the City?s expense. He described the automated operation, adding replacing the wheels was factored into the Cost of'the' operaticini. City Manager Gretsas stated there appeared to be a supervision issue that-luvould be addressed a: better quality control. CounCil'rrians Williams thanked M?cDonalds (3 locations) for their support providing ice cream sond'aes 'for all of the students. who received A?s and B?s on their report card. Councilman Williams t?han'ke'dj'WinnDixie for their sponsorship of the Southwest area by donating 300 turkeys with trimmioge as well. as 100 hams for the Turkey Giveaway event at Phichol Williams" on 2014., . Counsiirnians Williams announcedf'the; upcoming Stocking Stuffing Toy Give-a?Wav at Phichol Williams Community Center: scheduled for December 20, 2014. He encouraged the community to partitipate by dropping off an unwrapped toy and listed the locations. Fixinct'ousii Absent Councihivoman. Wald man inquired what was being built by the Oasis Plaza. Development Services Director Corradino reported it wasa Dialysis Center. CIW COUNCIL MINUTES PA GE 32 November 19, 2014 Councilwoman Waldman thanked the South Dade Newsleader for covering the City events and the Pineapple Gala members fortheir help with the successful Championship Taste bene?ting the Homestead Speediatrios ?tJ?nit. Councilwoman Waldman announced the following events: Homestead Community Holiday Party at the Audubon Clubhouse on December 11, 2014, the Toy Drive on behalf of the Homestead Soup Kitchen, and the Wreaths Across America pregram for Christmas. Councilwoman Waldman wished everyone a happy Thanksgiving. VICE MAYOR SHELLEY Vice Mayor Shelley announced the follovVi-ng events: Launch of the National Parks Free Guided Trolley Tour beginning on November 22, 2014 and continuing through to April 26, 2015, the United States America the Beautiful Quarters Program Thursday, December 4, 2914, and the, Jingle Bell Run 3.5 Mile Race to bene?t YMCA scholarships, MAYOR PORTER Mayor Porter?thanked City Manager Gretsas and the City staff for their efforts at the hugely successful Championship Race at the Speedway. Mayor Porter announced an appointment to the Crime Watch Committee. A Motion was made by Councilwoman Waldman, and seconded?by Vice Mayor Shelley?to approve the appointment of Cliff Patterson (resident) to the Mayor? 5 Crime Watch Committee. Mayor Porter asked all in favor? Vote: Ayes all except Councilwoman Fairclough who Was absent. Motion carried. 13. ADJOURNMENT The meeting was adjourned at 10:17 pm. Respe r- ully submitted, We?? Jeff Porter HOMESTEAD CITY COUNCIL MEE TING MINUTES PAGE 33 November 19, 2014