HomeMy WebLinkAbout10.09.2019 City of Miami Gardens
City Council Minutes
October 9, 2019
1. CALL TO ORDER/ROLL CALL
The City Council for the City of Miami Gardens, Florida, met in regular session,
Oct 09 2019, beginning at 7:00 p.m., in the Council Chambers, 18605 NW 27th
Avenue, Miami Gardens, Florida.
The following members of the City Council were present: Mayor Oliver Gilbert,
Vice Mayor/Council Member Rodney Harris, Council Member Erhabor Ighodaro,
Council Member Reggie Leon, Council Member Lillie Odom, Council Member
David Williams Jr., and Council Member Katrina Wilson.
Also in attendance were: City Manager Cameron Benson, City Attorney Sonja
Dickens, and City Clerk Mario Bataille.
A motion made by Councilman Williams, Jr., seconded by Councilwoman
Odom, to excuse the absence of the Mayor Gilbert passed and carried by
a unanimous voice vote.
2. INVOCATION
Councilman Reggie Leon delivered the Invocation.
3. PLEDGE OF ALLEGIANCE
Recited in unison
4. APPROVAL OF MINUTES
4.1. Regular City Council Meeting Draft Minutes — September 25, 2019
City Clerk Bataille withdrew the minutes for Council consideration.
5. ORDER OF BUSINESS
(Items to be pulled from Consent Agenda at this time)
The following items were added to the consent Agenda:
ADD-ON ITEM #1: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OFMIAMI GARDENS, FLORIDA, AUTHORIZING THE CREATION OF A
CENSUS 2020 COMPLETE COUNT ADVISORY COMMITTEE TO ASSIST IN
EFFORTS TO PROMOTE AND ADVOCATE FOR CITY OF MIAMI GARDENS
NEIGH BORPARTICIPATION IN THE 2020 CENSUS; DESIGNATING THE
OFFICE OF CIVIC ENGAGEMENT TO COORDINATE THE CITY'S EFFORTS;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN
EFFECTIVE DATE.(SPONSORED BY MAYOR OLIVER GILBERT)
ADD-ON ITEM #2: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS AUTHORIZING A SETTLEMENT OF THAT CERTAIN
LITIGATION STYLED WANDA GILBERT AND HERMAN GILBERT VS CITY OF
MIAMI GARDENS, CASE NO. 11-17908-CA-15; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE
DATE. (SPONSORED BY THE CITY MANAGER AND CITY ATTORNEY)
ADD-ON ITEM #3: A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE APPROVAL OF THE
REQUEST TO NAME THE NEW PEDESTRIAN BRIDGE ON NW 199TH
STREET AS "THE MAYOR OLIVER GILBERT, III BRIDGE" AND THE
PEDESTRIAN BRIDGE LOCATED EAST OF THE STADIUM AT THE 199TH
STREET FLORIDA TURNPIKE ACCESSWAY AS "SENATOR OSCAR
BRAYNON BRIDGE"; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Councilwoman Odom requested Add-On Item #3 be placed under Resolutions
instead of the Consent Agenda.
City Manager Benson withdrew Item 11.4.
Councilman Ighodaro pulled Item 11.7 from the consent Agenda.
A motion made by Councilman Williams, Jr., seconded by Councilwoman
Odom, to approve the amended Agenda passed and carried by a
unanimous voice vote.
6. SPECIAL PRESENTATIONS (5 MINUTES EACH)
6. 1. Women in Law Enforcement Presentation.
Councilman David Williams, Jr. recognized to various women in law
enforcement for the contributions and commitment to the community.
6.2. Elderly Affairs Advisory Committee Report.
Councilwoman Odom introduced Deidra Anderson of the Elderly Affairs
Advisory Committee, who provided the Council with an update on the
committee's activities.
7. PUBLIC COMMENTS
Sharon Frazier-Stephens, 145 NE 193rd Street, Miami, FL appeared before City
Council as the Chairwoman for the Miami Gardens/Opa-Locka CAC (Citizens
Advisory Committee) which is the umbrella of the Miami-Dade County. Mrs.
Stephens gave a brief report about CAC's governing board meeting, she also
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stated that a representative from the Inspector General's office was present
during the meeting. Mrs. Stephens quoted the mission statement of the Miami-
Dade County Community Action and Human Service Board as the training she
received and stated the training will be offered to all CAC members.
Fred Kemp, 20141 NW 14th Place, Miami Gardens, FL, appeared before City
Council to inform those who are billed by NMB Water, that starting January 2020
they will be back to quarterly water bills, there will be a reimbursement if you had
been billed for more than 365 days and also a reimbursement if charged for
storm water more than 4 times. He also thanked the City Attorney for previously
announcing the meeting with NMB Water Department.
Mary Reeves, 1521 NW 168th Terrace, appeared before City Council as a
member of the Together for Children Initiative, to inquire about the status of the
Educational Compact for Miami Gardens.
Denise White, 1210 NW 179th Terrace, Miami Gardens, FL, appeared before
City Council to inquire about the 10% increase Miami Gardens is charging for
NMB Water Customers. She asked where is the 10% increase allocated and
how do the residents benefit from it.
8. ORDINANCE(S) FOR FIRST READING:
9. ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S)
10. RESOLUTION(S)/PUBLIC HEARING(S)
11. CONSENT AGENDA:
11. 1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, EXPRESSING SUPPORT FOR HISPANIC
HERITAGE MONTH FROM SEPTEMBER 15TH TO OCTOBER 15TH;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS,-
PROVIDING
EPRESENTATIONS;PROVIDING FOR AN EFFECTIVE DATE.
11.2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA. ALLOCATING THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) FROM COUNCILMAN IGHODARO'S SPECIAL
EVENT ACCOUNT FOR THE PURPOSE OF HOSTING SENIOR MOVIE
EXPERIENCE IN THE CITY OF MIAMI GARDENS; PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE.
11.3. 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 RESPECTIVELY, THAT
CERTAIN AGREEMENT WITH MIAMI-DADE COUNTY TO PROVIDE
ASSURANCES FOR THE FUTURE CONTINUED MAINTENANCE,
REPAIR AND REPLACEMENT OF LICENSE PLATE READER
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EQUIPMENT INSTALLED ON TRAFFIC LIGHT INFRASTRUCTURE,
PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK: PROVIDING
FOR AN EFFECTIVE DATE.
14.4. n RE-SOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAM
I11741AAGE !MPR(ll/EMENTC AUTHORIZING THE CITY MANAGE
„--r-c-�r��,-rr , `rc
AND CITY ATTORNEY TO NEr`Q44TE AND EXECUTE dAl
AGREEMENT FOR T 411 PURPOSE WAN AMOUNT NOT TO EXCEED
TWO HUNDRED AND FIFTY T44C)USAND DOLLARS ($250.000)
d A/A�NUA LL V- PROVIDING FOR TL-.l_ ADOPTION OPTION
REOPRESENTdTIONST OCJrIViDI G FOR AN EFFECTIVE DATE._
Item 11.4 was withdrawn by the City Manager during order of business.
11.5. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, ALLOCATING STATE HOUSING INITIATIVE
PARTNERSHIP (SHIP) PROGRAM FUNDS; AUTHORIZING THE CITY
MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST
RESPECTIVELY, SUBRECIPIENT AGREEMENTS FOR THIS
PURPOSE IN SUBSTANTIAL FORM AS THAT AGREEMENT.
ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR
INSTRUCTIONS TO THE CITY CLERK: PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECT/VE DATE.
11.6. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING THE ONE-YEAR RENEWAL OF
THAT CERTAIN AGREEMENT WITH ANTHONY BRUNSON P.A. AND
BCA WATSON RICE, LLP., FOR EXTERNAL AUDITING SERVICES
FOR THE BUDGETED AMOUNT, PROVIDING FOR THE ADOPTION
OF REPRESENTATIONS: PROVIDING FOR AN EFFECTIVE DATE.
11.8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING THE CREATION OF A CENSUS
2020 COMPLETE COUNT ADVISORY COMMITTEE TO ASSIST IN
EFFORTS TO PROMOTE AND ADVOCATE FOR CITY OF MIAMI
GARDENS NEIGHBOR PARTICIPATION IN THE 2020 CENSUS:
DESIGNATING THE OFFICE OF CIVIC ENGAGEMENT TO
COORDINATE THE CITY'S EFFORTS: PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE
DA TE.
11.9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AUTHORIZING A SETTLEMENT OF THAT CERTAIN
LITIGATION STYLED WANDA GILBERT AND HERMAN GILBERT VS
CITY OF MIAMI GARDENS, CASE NO. 11-17908-CA-15: PROVIDING
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City Council Meeting
FOR THE ADOPTION OF REPRESENTATIONS: PROVIDING FOR AN
EFFECT/VE DA TE.
A motion offered by Council Member Williams Jr., seconded by
Council Member Odom, to approve the consent agenda passed and
carried by a 6 to 0 voice vote of the City Council.
12. RESOLUTION(S)
12.1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, CONCERNING A CERTAIN CHARTER
AMENDMENT PROPOSED BY THE CHARTER REVISION
COMMISSION FOR SUBMITTAL BY THE CITY COUNCIL, TO THE
ELECTORS OF THE CITY IN ACCORDANCE WITH SECTION 6.1 AND
6.2 OF THE CITY CHARTER; SUBMITTING PROPOSED
AMENDMENTS PERTAINING TO SECTION 2.6 "COMPENSTATION;
REIMBURSEMENT FOR EXPENSES PROVIDING BALLOT
LANGUAGE FOR SUBMISSION TO THE ELECTORATE: CALLING A
SPECIAL ELECTION ON THE PROPOSED AMENDMENT TO BE HELD
IN CONJUNCTION WITH THE GENERAL ELECTION ON TUESDAY,
AUGUST 18, 2020; PROVIDING A NOTICE OF ELECTION,-
PROVIDING
LECTION;PROVIDING FOR BALLOTING AND ELECTION PROCEDURES;
PROVIDING FOR AUTHORITHY TO THE CITY ATTORNEY AND CITY
CLERK; PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING
FOR ADOPTION OF REPRESENTATIONS: REPLEALING ALL
ORDINANCES IN CONFLICT, PROVIDING A SEVERABILITY CLAUSE,-
PRO VIDING
LAUSE;PROVIDING AN EFFECTIVE DATE.
Councilman Ighodaro inquired about the proposed implementation
process and rational behind the Item.
In response, City Clerk Bataille informed Councilmembers that the Item
was placed on the agenda on behalf of the Charter Revision Commission,
Chair Person of the Charter Revision Commission Felicia Robinson was
introduced to answer questions posed by Council.
In response to the questions posed by Councilman Ighodaro, Chair
Robinson stated the rationale behind the Commission's decision was
based on original language in the charter and the rate at which the City
has grown.
Councilman Williams, Jr. inquired about the budgetary effects. In
response, Chair Robinson stated the proposed salary of the Council will
only be considered in five (5) year increments.
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A motion offered by Council Member Williams Jr., seconded by
Council Member Odom, to approve the Resolution passed and
carried by a 6 to 0 roll call vote of the City Council.
Mayor Gilbert Absent
Vice Mayor/Council Member Harris Yes
Council Member Ighodaro Yes
Council Member Leon Yes
Council Member Odom Yes
Council Member Williams Jr. Yes
Council Member Wilson Yes
12.2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING THE APPROVAL OF THE
REQUEST TO NAME THE NEW PEDESTRIAN BRIDGE ON NW 199TH
STREET AS "THE MAYOR OLIVER GILBERT, 111 BRIDGE" AND THE
PEDESTRIAN BRIDGE LOCATED EAST OF THE STADIUM AT THE
199TH STREET FLORIDA TURNPIKE ACCESSWAY AS "SENATOR
OSCAR BRA YNON BRIDGE", PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Councilman Leon commented that he proposed the naming of the bridge
in honor of the tireless effort and work done by Mayor Gilbert and Senator
Braynon in securing funding for the project. Additionally, he announced
the ribbon cutting ceremony is scheduled for November 19th.
Councilman Williams, Jr inquired about the ownership of the bridges.
In response, City Attorney Dickens stated the funding for the project was
contingent upon the City owning the bridge and the Item was voted on
and approved by Council.
Councilwoman Odom inquired the ordinance naming streets.
In response, City Attorney Dickens stated the street naming ordinance
did not cover the naming of bridges and tunnels. Additionally, she
informed Council that the policy can be set by them during this meeting.
Councilwoman Wilson inquired if it was in good practice to name the
bridge before an official process is drafted.
Councilman Leon replied that a policy can developed by this Council.
Councilwoman Odom suggested a policy be developed due to other
bridges/catwalks within the City.
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Councilman Williams, Jr inquired about the process of developing a
policy.
In response, City Attorney Dickens informed Council that buildings have
been named by this Council absent of a policy.
In response, City Manager clarified that the catwalk mentioned by
Councilwoman Odom was not owned by the City.
A motioned offered by Councilwoman Odom, seconded by Vice
Mayor Harris to defer this Item until policy developed, passed and
carried by a voice vote.
Councilwoman Wilson inquired if the concerns brought fourth can be
addressed prior to the scheduled ribbon cutting.
City Attorney Dickens advised that Councilman Leon can draft a policy to
be brought before Council. Additional comments were offered suggesting
a policy can be developed at any time even after the naming of the
particular bridge in question.
City Manager Benson, inquired about the inclusiveness and border scope
of the proposed policy.
Councilwoman Odom inquired if the bridge would be concerned a public
way and named the ordinance.
In response, City Attorney Dickens stated the difference is that vehicles
traverse on public ways.
13. QUASI-JUDICIAL ZONING HEARINGS/JENNINGS
DISCLOSURE:
13.1 ORDINANCES ON FOR FIRST READING/PUBLIC HEARING(S):
13. 1.1, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE
OPERATION OF MEDICAL MARIJUANA TREATMENT
CENTER DISPENSING FACILITIES; AMENDING CHAPTER
34, ARTICLE IX, SECTION 34-287 — "USE REGULATIONS,
GENERALLY," OF THE CODE OF ORDINANCES; AMENDING
CHAPTER 34, ARTICLE IX, SECTION 34-288 - "USES
PERMITTED WITH EXTRA REQUIREMENTS," OF THE CODE
OF ORDINANCES; AMENDING CHAPTER 34, ARTICLE XII,
SECTION 34-381 - "NUMBER OF REQUIRED OFF-STREET
PARKING SPACES REQUIREMENTS FOR ALL DISTRICTS,
AND USES," OF THE CODE OF ORDINANCES; AMENDING
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CHAPTER 34, ARTICLE XV, SECTION 34-603 — "USES
PERMITTED," OF THE CODE OF ORDINANCES: AMENDING
CHAPTER 34, ARTICLE XIX, SECTION 34-733 — "MASTER
USE LIST AND USE DEFINITIONS." OF THE CODE OF
ORDINANCES; PROVIDING FOR PENALTIES; PROVIDING
FOR EXCEPTIONS; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE,-
PROVIDING
LAUSE;PROVIDING FOR INCLUSION IN CODE; PROVIDING AN
EFFECTIVE DATE. (Tabled on First Reading - July 24, 2019)
Vice Mayor Harris open public comments on this Item.
Sharon Frazier-Stephens, 145 NE 193rd Street, Miami, FL
appeared before City Council to stand in support of item. She
spoke on caring for and having to see cancer patients go through
so much over the years and she addressed as long as someone
is not being a nuisance and there are no illegal grow houses that
she is in support of the Item because it is a beautiful thing to see
cancer patients go into remission.
Vanessa Wilcox, 2000 NW 186th Street, Miami Gardens, FL,
appeared before City Council also in support of this Item. She
stated the marijuana plant was put on this earth for use and it has
many benefits. She stated it should be taken into consideration
and for people to stop fighting what God has provided.
There being no further comments, Vice Mayor Harris closed
public comments on this Item.
A motioned offered by Councilwoman Odom, seconded by
Councilman Williams, Jr to approve this Item on first
reading.
Councilman Williams Jr inquired if council had to act on the Item.
He expressed concerns about whether there were any benefits
to the City for having dispensaries. He stated research showed
that only 5 cities of 37 municipalities have dispensaries. He
stated he does not see a benefit to the City.
Councilwoman Odom asked why existing medical centers or
services in the City be used as dispensaries instead of creating
new centers.
City Manager Benson responded stating he isn't aware of the
benefits to the City in regards to those facilities. He stated there
are certain licensing requirements for dispensaries that medical
centers won't be able to obtain through the state process. He
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stated dispensaries are different from medical centers and
require certain license.
City Attorney Dickens informed Council that the sponsor of the
Item request to withdraw the Item from the agenda.
Councilwoman Odom withdrew her motion.
No further action was taken on this Item.
13.2 ORDINANCES ON FOR SECOND READING/PUBLIC HEARING(S)
13.3 RESOLUTION(S)/PUBLIC HEARING(S)
13.3.1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND
CITY ATTORNEY TO TAKE ALL NECESSARY AND
APPROPRIATE STEPS TO ABANDON THE DOLPHIN CENTER
SOUTH DEVELOPMENT OF REGIONAL IMPACT ("DRI')
DEVELOPMENT ORDER; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Vice Mayor Harris opened public comments on this Item.
Mary Reeves, 1521 NW 168th Terrace, appeared before City
Council to ask for clarification on what the Item meant.
There being no further comments, Vice Mayor Harris closed public
comments on this Item.
Graham Penn, Bercow Radell Fernandez & Larkin, 200 S Biscayne
Blvd #850, Miami, FL, appeared before City Council representing 24
Hour Miami Gardens LP, the last property owner of Dolphin Center
South. He explained DRI applies to the area that includes Walmart,
24 Hour Fitness, Starbucks and used to include land that the city now
owns. He explained their deadline for building permits expired in
2017, but under state law, the only way to rescind the DRI order is to
go through this process. He also explained it is just a technical
cleanup item, not approving any development, or changing anything.
Just removing an old order the county had in place from 1985.
A motion made by Councilman Williams Jr., seconded by
Councilwoman Odom, to approve the Resolution.
City Attorney Dickens offered comments for the audience, clarifying
the development. The DRI was a creature of zoning to control what
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was happening, which was in effect before the City became a city.
She explained the City now has created its own zoning laws and
regulations so the DRI I no longer needed.
There being no further discussion, Vice Mayor Harris called the
question.
A motion offered by Council Member Williams Jr., seconded by
Council Member Odom, to approve the Resolution passed and
carried by a 6 to 0 roll call vote of the City Council.
Mayor Gilbert Absent
Vice Mayor/Council Member Harris Yes
Council Member Ighodaro Yes
Council Member Leon Yes
Council Member Odom Yes
Council Member Williams Jr. Yes
Council Member Wilson Yes
14. REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK
(3 MINUTES EACH)
City Manager Benson wished Deputy City Manager Craig Clay a Happy Birthday.
15. REPORTS OF MAYOR AND COUNCIL MEMBERS (3 MINUTES
EACH)
Councilman Leon announced his quarterly Community Connection meeting for
Thursday, October 24th at 6:30pm at Norwood Park. Thanked the City Manager
and his team for working on that project.
Councilwoman Wilson thanked everyone and the Women's Commission for
attending the WE event on September 28th. She announced Meet Me Mondays
at Carol City Park at bpm and also Pink Brunch on Sunday from 2-6pm as a
celebration of life event.
Councilwoman Odom thanked Parks & Recreation, everyone who worked with
and on, and everyone in attendance at the National HIV/AIDS and Aging
Awareness Day along with National Sickle Cell Month. She thanked Deputy City
Manager and Public Works Director for the historical ribbon cutting for the first
military veteran parking spaces that took place on September 30th. She then
announced her World AIDS Day event that will take place on Tuesday,
December 5th.
Councilman Williams announced the 9th Elementary Science and Engineering
Fair that will take place in December. He asked everyone to make elementary
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school students and parents of the event so families can take advantage of the
event.
16. WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN
COMMUNICATIONS FROM THE PUBLIC
17. ADJOURNMENT
There being no further business to discuss before this body, the meeting
adjourned without objection at 8:15 p.m.
Signed Oliver Gilbert
Oliver Gilbert, Mayor
Signed Mario Bataille
Mario Bataille, City Clerk
Conformed Copy:
Mario Bataille, City Clerk
h`r +rrUn iN '
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