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HomeMy WebLinkAbout04.24.2019 CITY OF MIAMI GARDENS REGULAR CITY COUNCIL MINUTES April 24, 2019 (A) CALL TO ORDER/ROLL CALL The City Council for the City of Miami Gardens, Florida, met in regular session, Wednesday, April 24, 2019, beginning at 7:00 p.m., in the City Council Chambers, 18605 NW 27th Avenue, Miami Gardens, Florida. The following members of the City Council were present: Vice Mayor Rodney Harris Council members: Lillie Q. Odom, Reggie Leon, Katrina Wilson, Erhabor Ighodaro and David Williams Jr. Also in attendance were: City Manager Cameron Benson, Deputy City Manager Craig Clay, City Attorney Sonja K. Dickens and City Clerk Mario Bataille. A motion offered by Vice Mayor Harris, seconded by Councilwoman Odom, to excuse the absence of Mayor Gilbert passed and carried by a unanimous voice vote of all members present. (B) INVOCATION Basil Cole delivered the Invocation. (C) PLEDGE OF ALLEGIANCE Recited in unison (D) APPROVAL OF MINUTES D-1) Regular City Council Meeting Draft Minutes—April 10,2019 City Clerk Bataille withdrew the minutes from the agenda. (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time) Item K-1 pulled from the consent agenda by Councilman Ighodaro. There being no further discussion,the amended Agenda was approved without opposition. (F) SPECIAL PRESENTATIONS (5 minutes each) None CITY COUNCIL MINUTES - April 24, 2019 (G) PUBLIC COMMENTS Marie Lawrence-Doyer, 790 NW 179 Street Miami Gardens, FL, appeared before the City Council to express her frustrations over the increase of the water bill. Steve Pierre, 3835 NW 170'h Street, Miami Gardens, FL, appeared before the City Council to express his concerns over the lack of opportunities available to small local businesses. Amos Perry, 1360 NW 192nd Street, Miami Gardens, FL, appeared before City Council to express his concerns about the lack of opportunity available to small local businesses. Dorothy Smith, 17944 NW 440'Ave, Miami, FL, appeared before the City Council requesting the City Council to hold a public hearing with the Coconut Cay Homeowner Association to address concerns regarding the flooding issues within the area. (I) ORDINANCE(S) FOR FIRST READING: H-1) AN ORDINANCE OF THE CITY OF MIAMI GARDENS, FLORIDA GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE ELECTRIC FRANCHISE, IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO; PROVIDING FOR MONTHLY PAYMENT OF A FRANCHISE FEE TO THE CITY; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) City Manager Cameron Benson provided a brief overview on the Item. A motion offered by Councilman Williams Jr., seconded by Councilwoman Odom, to approve the item on first reading passed and carried by a 6-0 roll call vote of the City Council. Councilwoman Odom: Yes Councilwoman Wilson: Yes Councilman Ighodaro: Yes Councilman Leon: Yes Councilman Williams: Yes Vice Mayor Harris: Yes Mayor Gilbert: Absent (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) None 2 April 24, 2019 City Council Meeting CITY COUNCIL MINUTES - April 24, 2019 (J) RESOLUTION(S)/PUBLIC HEARING(S) None. (K) CONSENT AGENDA: RESOLUTION NO.2019-112-3241 K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, EXPRESSING SUPPORT FOR THE TRANSPORTATION AUTHORITY OF MIAMI-DADE (TAMD) AS PROPOSED BY MIAMI-DADE COUNTY MAYOR CARLOS GIMENEZ; RECOMMENDING THAT THE FLORIDA LEGISLATURE CREATE THE TAMD; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY MAYOR OLIVER GILBERT) RESOLUTION NO.2019-113-3242 K-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST THAT CERTAIN AGREEMENT WITH THE MIAMIDADE ECONOMIC ADVOCACY TRUST YOUTH DEVELOPMENT DIVISION, A COPY OF WHICH IS ATTACHED HERETO TO AS EXHIBIT "A", INDEMNIFYING AND AUTHORIZING THE CITY OF MIAMI GARDENS TO SERVE AS A SUMMER WORKSITE COMMENCING JUNE 17, 2019 THROUGH JULY 26, 2019; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY VICE MAYOR RODNEY HARRIS) RESOLUTION NO. 2019-114-3243 K-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING A RENTAL FEE WAIVER FOR THE USE OF THE CITY OF MIAMI GARDENSSHOWMOBILE, PORTABLE RESTROOMS, LIGHT TOWERS AND OTHER FEES ASSOCIATED WITH THE USE OF ROLLING OAKS PARK, FOR THE MUSIC IN THE PARK CONCERT ON MAY 3, 2019; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN REGGIE LEON) RESOLUTION NO.2019-115-3244 K-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 3 April 24, 2019 City Council Meeting CITY COUNCIL MINUTES - April 24, 2019 MANAGER'S SUBMISSION OF AN APPLICATION TO THE MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS ("BCC") FOR FUNDING FROM THE BUILDING BETTER COMMUNITIES GENERAL OBLIGATION BOND FOR A PUBLIC INFRASTRUCTURE PROJECT; AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY TO ACCEPT THE FUNDS AND FACILITATE THE FUNDING OF THE PROJECT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2019-116-3245 K-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO RECEIVE AN AWARD FOR A 2019 STREET TREE MATCHING GRANT WITH MIAMI DADE COUNTY AND TO TAKE ANY AND ALL STEPS NECESSARY TO ACCEPT GRANT FUNDS IN THE AMOUNT OF SEVEN THOUSAND FIVE HUNDRED-SEVENTY-FIVE DOLLARS ($7,575.00) TO SUPPORT THE CITY'S "URBAN TREE CANOPY PROGRAM;" A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING MATCHING FUNDS IN THE AMOUNT OF SEVEN THOUSAND FIVE HUNDRED-SEVENTY-FIVE DOLLARS ($7,575.00); PROVIDING INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) RESOLUTION NO. 2019-117-3246 K-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING THE IMPACT FEES FOR RESIDENTIAL DEVELOPMENT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) A motion offered by Councilman Williams, Jr., seconded by Councilwoman Odom, to approve the consent agenda passed and carried by a voice vote of all members present. RESOLUTION NO. 2019-111-3240 K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER'S SUBMISSION OF AN APPLICATION TO THE FLORIDA DEPARTMENT OF STATE, DIVISION OF CULTURAL AFFAIRS, FOR THE CULTURE BUILDS FLORIDA GRANT TO 4 April 24, 2019 City Council Meeting CITY COUNCIL MINUTES - April 24, 2019 FACILITATE THE CONSTRUCTION OF THE CITY OF MIAMI GARDENS PERFORMING ARTS CENTER; AUTHORIZING THE CITY MANAGER TO TAKE ANY AND ALL STEPS NECESSARY TO ACCEPT THE GRANT FUNDS AND TO FACILITATE THE GRANT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY MAYOR OLIVER GILBERT AND THE CITY MANAGER) Councilman Ighodaro spoke in support of the Item and the concept of establishing a performing arts center however he shared concerning with the fiscal impact statement within the Agenda Cover Memo. Answering a question posed by Councilman Ighodaro, City Manager Benson acknowledge part of this project is part of the General Obligation Bond Project Implementation Plan. Answering a question posed by Councilman Ighodaro, Attorney Dickens indicated there is no fiscal impact to apply for a grant. However, there may be a fiscal impact should the grant be awarded. In closing, Attorney Dickens stated this item is only authorizing staff to apply for the grant. Councilman Ighodaro understood there is not fiscal impact in applying for the grant however there will be a fiscal impact for the entirety of the project. Councilman Ighodaro continued to state he has not seen any conceptual business plan or project cost for the development of the performing art center and questioned will this be provided to the Council in the future. Lastly, he opined it would be productive to have these conversations on the front end of the project. Answering a question posed by Councilman Williams Jr., City Manager Benson confirmed any grant agreement as a result of this application will come before the City Council for consideration. Additionally, Mr. Benson explained this project is part of the overall planned development of 35 acre land which has been presented to Council. Answering a question posed by Councilman Leon, City Manager Benson confirmed the item is only seeking approval to apply for the grant. Councilman Ighodaro offered clarification on his line of questioning, stating it is counterproductive to seek funding for a project that has not been finalized. A motion offered by Councilman Leon, seconded by Councilman Ighodaro, to approve the Item passed and carried by a unanimous voice vote of all members present. (L) RESOLUTION(S): L-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 5 April 24, 2019 City Council Meeting CITY COUNCIL MINUTES - April 24, 2019 MIAMI GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO RENEGOTIATE THE GRANT AGREEMENT BETWEEN THE CITY OF MIAMI GARDENS AND FLORIDA MEMORIAL UNIVERSITY (FMU) FOR THE DEVELOPMENT OF THE WEST MIAMI GARDENS/FMU SPORTS COMPLEX, PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN ERHABOR IGHODARO) A motion offered by Councilman Williams Jr., seconded by Councilwoman Odom to approve the Item. Councilman Ighodaro acknowledged the presence and of Dr. Jaffus Hardrick, President of Florida Memorial University and Chairperson Charles George. Councilman Ighodaro provided an overview and background information on the Item. Councilman Ighodaro expressed an interest of extending the deadline for the amended FMU contract to option "A" to extend the timeline for securing the university's portion of additional funding for the project to December 2020 or option "B" explore a value engineering approach to the original scope of the project to allow for the entire amount required for completing the project to be consistent with the available funds ($2,000,000) for the project. Councilwoman Odom inquired if the University is in a position to meet the matching fund obligation originally proposed. Councilman Ighodaro explained this item is does not require matching funds from the University. Lastly, Councilman Ighodaro opined the original agreement was flawed and indicated the scope of the agreement can be renegotiated. Councilman Williams, Jr. offered comments in support of renegotiating the contract with FMU to offer a recreational facility to the students and residents in the area. Councilman Leon offered comments suggesting the University and the current administration is going in a different direction and this particular item does not support the vision of the current present; therefore it would be irresponsible to force monetary support on the University at this time. Councilwoman Wilson stated she is unsure if we can revise this partnership agreement into a grant. Councilwoman Wilson spoke in opposition of the item continued to opine it is the responsibility of the Council to insure the expenditure of any bond funds is towards a quality project and with good stewardship. President Jaffus Hardrick of Florida Memorial University appeared before City Council stating that the University is not in a position to seek matching funds in order to receive funding from the City as stated in the expired partnership agreement, but was open to have a conversation with 6 April 24, 2019 City Council Meeting CITY COUNCIL MINUTES - April 24, 2019 the City to see how the funding can be best utilized for a different project such as an aquatics facility or a potential soccer/track practice field. Councilman Ighodaro reiterated the Item was clear that it provided two options and is basically directing the City Manager to renegotiate the contract. Answering a question posed by Councilwoman Wilson, Vice Mayor Harris indicated this item speaks to a sports complex. Councilman Ighodaro clarified the direction of this item giving the Manager direction to renegotiate the agreement which can make the project plan compatible with the vision of the University President and Board. Answering a question posed by Councilman Williams, Jr., City Attorney Dickens advised the City Council has strict parameters on how they can spend bond funds. Councilwoman Odom suggested the Council should vote on canceling the current expired agreement and direct the City Manager and Attorney to meet with FMU in order to bring forward a new contract for Council consideration. Answering a question posed by Councilwoman Wilson, City Manager Benson stated the funding amount in question has been reallocated to the City reserves and is not slated for any FMU project. Mr. Benson further clarified once they did not meet the requirements we reallocated it back into our reserves. Keep in mind that we did that because if we need that money at some point and time we will have to come back to you to reallocate some of that money to projects that might lack funding because of the cost of steel and all those things that have been happening because of the tariff that we are dealing with currently. Councilman Ighodaro expressed his frustration, explaining this was the first time he was made aware that the money was reallocated. City Manager Benson concluded staff would not leave funding in a line item that is no longer a project. Councilman Ighodaro withdrew the Item, stating he would bring an Item in the future that addressed all concerns raised As a point of clarification; Councilwoman Wilson stated whenever an agreement expires and that agreement was not fulfilled, the unspent funds associated with the agreement has to be returned to it appropriate place. Therefore, it is not improper for that to happen. What would be improper is if that funding was spent without Council authorization, which did not occur. M QUASI-JUDICIAL ZONING HEARINGS/JENNINGS DISCLOSURE: None 7 April 24, 2019 City Council Meeting CITY COUNCIL MINUTES - April 24, 2019 (N) ORDINANCES ON FOR FIRST READING/PUBLIC HEARING(S): None (0) RESOLUTION(S)/PUBLIC HEARING(S) None (P) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK City Attorney Dickens announced the joint special meeting with the City of North Miami Beach over the water surcharge litigation on May 10, 2019 at 6:00 p.m. at the Miami Dade County Commission Chambers. (Q) REPORTS OF MAYOR AND COUNCIL MEMBERS Referencing public comments made earlier regarding opportunities for local businesses, Councilman Ighodaro spoke on the Business and Resident Economic Growth Plan (BREP) to insure City residents and businesses have fair contract opportunities in any development project. Councilman Ighodaro urged the developers of 35 acre project to host an"Industry Day" in order to provide opportunities to community. Councilman Ighodaro gave an update on his inquiry regarding Ecotech. Councilman Ighodaro made comments regarding the political climate among Council Members and the City. Referencing Jazz in the Gardens, Councilman Ighodaro indicated he has completed his inquiry and will leave the matter for further investigation(s)by appropriate authorities. Councilman Leon expressed his gratitude to Parks and Recreation Director Paulette Murphy and staff for the excellent work her department did with the Easter event. Councilman Leon also announced his first community connection meeting which will be held at the Holy Family Church regarding the pedestrian bridge budget as well as the Beautiful Struggle mentoring group, and the PSWAP National Water Safety Day Event. Councilwoman Wilson elaborated on bullying and the effects bullying has on everyone. Councilwoman Wilson stated that you can't be a bystander of bullying when it's beneficial and opposed when you are the victim. Councilwoman Odom commended staff for the Easter event. Councilwoman announced the 6t'Annual Pre-Mother's Day Luncheon. 8 April 24, 2019 City Council Meeting CITY COUNCIL MINUTES - April 24, 2019 Answering a question posed by Councilwoman Odom, City Attorney Dickens advised any City expenditures and/or resources have to meet a valid City of Miami Gardens municipal purpose (benefit to City residents). Vice Mayor Harris concluded the meeting by stating that we can't control the monsters that live on the street, but we can control the monsters that resides in our house. Let's continue to look out for each other, love one another, don't be bullied by nobody. (R) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC (S) ADJOURNMENT There being no further business to discuss before this body, the meeting adjourned without objection at 8:07 p.m. Attest: Oliver Gilbert, Mayor C MarA Bataille, City Clerk 9 April 24, 2019 City Council Meeting