HomeMy WebLinkAbout07.12.2017 City Council AgendaCITY OF MIAMI GARDENS
CITY COUNCIL MEETING AGENDA
Meeting Date: July 12, 2017
Miami Gardens, Florida 33056
Next Regular Meeting Date: July 26, 2017
Phone: (305) 914-9010 Fax: (305) 914-9033
Website: www.miamigardens-fl.gov Time: 7:00 p.m.
Mayor Oliver Gilbert
Vice Mayor Erhabor Ighodaro, Ph.D.
Councilwoman Lillie Q. Odom
Councilwoman Lisa C. Davis
Councilman Rodney Harris
Councilwoman Felicia Robinson
Councilman David Williams Jr. City Manager Cameron Benson
City Attorney Sonja K. Dickens, Esq.
City Clerk Ronetta Taylor, MMC
Article VII of the Miami Gardens Code entitled, “Lobbyist” requires that all
lobbyists before engaging in any lobbying activities to register with the City
Clerk and pay a one-time annual fee of $250.00. This applies to all persons
who are retained (whether paid or not) to represent a business entity or
organization to influence “City” action. “City” action is broadly described to
include the ranking and selection of professional consultants, and virtually all-legislative, quasi-judicial and administrative action. All not-for-profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions must also register however an annual fee is
not required.
(A) CALL TO ORDER/ROLL CALL
(B) INVOCATION
(C) PLEDGE OF ALLEGIANCE
(D) APPROVAL OF MINUTES
D-1) Regular City Council Minutes – June 28, 2017
(E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time)
(F) SPECIAL PRESENTATIONS (5 minutes each)
F-1) Councilwoman Felicia Robinson - Commendation – Alice Kincey
(G) PUBLIC COMMENTS
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(H) ORDINANCE(S) FOR FIRST READING:
H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, EXTENDING THE EXISTING
MORATORIUM ON THE SUBMISSION, PROCESSING AND ISSUANCE OF DEVELOPMENT PERMITS, CERTIFICATES OF USE, BUSINESS TAX RECEIPTS AND ALL OTHER APPLICATIONS AND PERMITS FOR THE OPERATION OF
MEDICAL MARIJUANA DISPENSING FACILITIES AND
MEDICAL MARIJUANA DISPENSING ORGANIZATIONS FOR AN ADDITIONAL 180-DAY PERIOD; PROVIDING FOR EXCEPTIONS; PROVIDING FOR A STUDY AND DIRECTIONS TO THE CITY MANAGER; PROVIDING FOR PENALTIES;
PROVIDING FOR ADOPTION OF REPRESENTATIONS;
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN DAVID WILLIAMS JR.)
(I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S)
I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 26, ARTICLE II (“STORMWATER UTILITY”), SECTION 26-26 “FEE
SCHEDULE AND PAYMENT”, SECTION 26-29 “REQUEST FOR
ADJUSTMENT”, SECTION 26-31 “ENFORCEMENT AND
PENALTIES”, AND ADDING SECTION 26-32 “PROHIBITIONS GENERALLY”, AND SECTION 26-33 “PERMITS, PLAN REVIEWS, INSPECTIONS, AND ADMINISTRATIVE FEES” OF
THE CODE OF ORDINANCES; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (1ST READING – JUNE 28, 2017)
(J) RESOLUTION(S)/PUBLIC HEARING(S)
None
(K) CONSENT AGENDA:
None
(L) RESOLUTION(S)
L-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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MIAMI GARDENS, FLORIDA, AWARDING REQUEST FOR PROPOSAL NUMBER 16-17-03116-17-034 FOR SENIOR FAMILY
CENTER DESIGN-BUILD TO ___________________________;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
L-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, ACCEPTING THE RANKING OF
THE SELECTION COMMITTEE FOR RFQ# 16-17-025, JAZZ IN THE GARDENS MANAGEMENT SERVICES, AND AUTHORIZING THE CITY MANAGER TO PROCEED WITH
NEGOTIATIONS WITH THE FIRST RANKED FIRM, AND IF
NEGOTIATIONS FAIL TO NEGOTIATE WITH THE SECOND
RANKED FIRM, AND SO ON UNTIL THE CITY MANAGER SUCCESSFULLY NEGOTIATES AND EXECUTES A CONTRACT WITH THE SUCCESSFUL BIDDER; PROVIDING FOR
INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
QUASI-JUDICIAL ZONING HEARINGS/JENNINGS
DISCLOSURE:
(M) ORDINANCES ON FOR FIRST READING/PUBLIC
HEARING(S):
None
(N)ORDINANCES ON FOR SECOND READING/PUBLIC HEARING(S)
None
(O) RESOLUTION(S)/PUBLIC HEARING(S)
O-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, APPROVING THE
APPLICATION SUBMITTED BY MIAMI GARDENS TOWERS, LLC, FOR PROPERTY GENERALLY LOCATED AT 350 NORTHWEST 215TH STREET, FOR AN EXTENSION OF A TEMPORARY NON-USE VARIANCE TO ALLOW OFF-
STREET PARKING ON A NATURAL SURFACE WHERE
PAVEMENT AND DRAINAGE IS REQUIRED; PROVIDING FOR A DECLARATION OF RESTRICTIVE COVENANTS; PROVIDING FOR THE ADOPTION OF
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REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
(P) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK
(Q) REPORTS OF MAYOR AND COUNCIL MEMBERS
(R) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN
COMMUNICATIONS FROM THE PUBLIC
(S)ADJOURNMENT
IN ACCORDANCE WITH THE AMERICAN WITH DISABILITIES ACT OF 1990, ALL PERSONS WHO ARE DISABLED AND WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING BECAUSE OF THAT DISABILITY SHOULD CONTACT RONETTA TAYLOR, MMC, CITY CLERK (305) 622-8000 EXT. 2830, NO LATER
THAN 48 HOURS PRIOR TO SUCH PROCEEDINGS. TDD NUMBER 1-800-955-8771.
ANYONE WISHING TO OBTAIN A COPY OF ANY AGENDA ITEM MAY CONTACT RONETTA TAYLOR, MMC, CITY CLERK (305) 914-9010 EXT. 2830. THE ENTIRE AGENDA PACKET CAN ALSO BE FOUND ON THE CITY’S WEBSITE AT www.miamigardens-fl.gov.
ANYONE WISHING TO APPEAL ANY DECISION MADE BY THE CITY OF MIAMI GARDENS WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS
AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
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Medical Marijuana 18605 N W 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: July 12, 2017 Item Type:
(Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box) Yes No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
X
X Public Hearing:
(Enter X in box)
Yes No Yes No
X
Funding Source: General Fund Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:N/A
X
Sponsor Name: Councilman David
Williams Jr.
Department:
Short Title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA,
EXTENDING THE EXISTING MORATORIUM ON THE SUBMISSION, PROCESSING AND
ISSUANCE OF DEVELOPMENT PERMITS, CERTIFICATES OF USE, BUSINESS TAX RECEIPTS
AND ALL OTHER APPLICATIONS AND PERMITS FOR THE OPERATION OF MEDICAL
MARIJUANA DISPENSING FACILITIES AND MEDICAL MARIJUANA DISPENSING
ORGANIZATIONS FOR AN ADDITIONAL 180‐DAY PERIOD; PROVIDING FOR EXCEPTIONS;
PROVIDING FOR A STUDY AND DIRECTIONS TO THE CITY MANAGER; PROVIDING FOR
PENALTIES; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL
ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE.
Staff Summary:
Background
On January 11, 2017 the City Council of the City of Miami Gardens adopted Ordinance No. 2017-1-365, in response to Amendment 2 of the Florida Constitution, legalizing medical
marijuana. As Medical Marijuana Dispensing Facilities and Medical Marijuana Dispensing
Organizations are new and unique uses which are not currently addressed by the City's Land
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Agenda Item H-1
Extending Moratorium of Medical Markunan Dispensing Organization
Medical Marijuana 18605 N W 27th Avenue
Miami Gardens, Florida 33056
Development Regulations or Code of Ordinances, the Ordinance called for a temporary moratorium on acceptance of applications permitting new Medical Marijuana Dispensing
Facilities or Medical Marijuana Dispensing Organizations for a period of 180-days. This would
have allowed the City time to review and study this unique use, and determine the scope of
measures for implementing any regulations.
Current Situation On June 9, 2017, the Florida Senate passed Senate Bill 8A and Senate Bill 6A, which allows
local governments to regulate the location of dispensing facilities and provides that a local
government may ban dispensaries within its borders. The proposed legislation also provides
that if a local government permits dispensing facilities, it may not impose limits on the number of dispensing facilities. On June 23, 2017, the proposed legislation was approved by the
Governor.
Councilman David Williams, Jr., is recommending a 180-day extension of the temporary
moratorium on the acceptance of applications for, the processing of, and the issuance of development permits, development orders or any other official action of the City of Miami
Gardens permitting or having the effect of permitting new Medical Marijuana Dispensing
Facilities and Medical Marijuana Dispensing Organizations. This will allow the City the
additional time needed to review, study, hold public hearings, and prepare and adopt
amendment(s) to the Land Development Regulations and/or Code of Ordinances which do not conflict with State law or Department rule at such time as those rules or laws are enacted by the
State legislature per Section 381.986(8)(b), Florida Statutes.
During this 180-day extension period, the City will not take any action on any application for
certificate of use, business tax receipts, development permits, issue any development order, or take other official action, which would have the effect of allowing, or permitting the development
of Medical Marijuana Dispensing Facilities or Medical Marijuana Dispensing Organizations,
except as provided in this Ordinance.
Proposed Action:
That the City Council approves the proposed Ordinance.
Attachment:
Exhibit “A”- Previous Ordinance No. 2017-1-365
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Added language is underlined. Deleted language is stricken through.
1
ORDINANCE NO. 2017_____ 1 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI 3
GARDENS, FLORIDA, EXTENDING THE EXISTING 4
MORATORIUM ON THE SUBMISSION, PROCESSING AND 5
ISSUANCE OF DEVELOPMENT PERMITS, CERTIFICATES OF 6 USE, BUSINESS TAX RECEIPTS AND ALL OTHER 7
APPLICATIONS AND PERMITS FOR THE OPERATION OF 8
MEDICAL MARIJUANA DISPENSING FACILITIES AND MEDICAL 9
MARIJUANA DISPENSING ORGANIZATIONS FOR AN 10
ADDITIONAL 180-DAY PERIOD; PROVIDING FOR EXCEPTIONS; 11 PROVIDING FOR A STUDY AND DIRECTIONS TO THE CITY 12
MANAGER; PROVIDING FOR PENALTIES; PROVIDING FOR 13
ADOPTION OF REPRESENTATIONS; REPEALING ALL 14
ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY 15
CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING 16 AN EFFECTIVE DATE. 17
18
WHEREAS, on January 11, 2017, the City Council of the City of Miami Gardens 19
adopted Ordinance No. 2017-1-365, in response to Amendment 2 of the Florida 20
Constitution, which legalized medical marijuana, as approved by Florida voters on 21
November 8, 2016, and 22
WHEREAS, as Medical Marijuana Dispensing Facilities and Medical Marijuana 23
Dispensing Organizations are new and unique uses which are not currently addressed by 24
the City's Land Development Regulations or Code of Ordinances, the Ordinance called 25
for a temporary moratorium on acceptance of applications permitting new Medical 26
Marijuana Dispensing Facilities or Medical Marijuana Dispensing Organizations for a 27
period of one hundred and eighty (180) days, and 28
WHEREAS, the purpose of the moratorium was to allow the City time to review 29
and study this unique use, and determine the scope of measures for implementing any 30
regulations, and 31
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Added language is underlined. Deleted language is stricken through.
2
WHEREAS, on June 9, 2017, the Florida Senate passed Senate Bill 8A and 32
Senate Bill 6A, which allows local governments to regulate the location of dispensing 33
facilities and provides that a local government may ban dispensaries within its borders, 34
and 35
WHEREAS, the proposed legislation also provides that if a local government 36
permits dispensing facilities, it may not impose limits on the number of dispensing 37
facilities, and 38
WHEREAS, on June 23, 2017, the proposed legislation was approved by the 39
Governor, and 40
WHEREAS, pursuant to Article VII, Section 2 of the Florida Constitution and 41
Chapter 166 of the Florida Statutes, the City of Miami Gardens is authorized and required 42
to protect the public health, safety and welfare of its citizens and has the power and 43
authority to enact regulations for valid governmental purposes that are not inconsistent 44
with general or special law, and 45
WHEREAS, the City needs time to research and study the nature and scope of 46
possible measures for regulating Medical Marijuana Dispensing Facilities and Medical 47
Marijuana Dispensing Organizations, 48
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 49
OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 50
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 51
paragraphs are hereby ratified and confirmed as being true, and the same are hereby made 52
a specific part of this Ordinance. 53
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Added language is underlined. Deleted language is stricken through.
3
Section 2. EXTENSION OF MORATORIUM: The moratorium approved in 54
accordance with Ordinance No. 2017-1-365 on the submission, processing and issuance 55
of development permits, certificates of use, business tax receipts and all other 56
applications and permits for he operations of medical marijuana dispensing facilities and 57
medical marijuana dispensing organizations for a one hundred and eighty (180) period 58
shall be extended for one hundred and eighty (180) additional days. During this one 59
hundred and eighty (180) day period, the City will not take any action on any application 60
for certificate of use, business tax receipts, development permits, issue any development 61
order, or take other official action, which would have the effect of allowing, or 62
permitting the development of Medical Marijuana Dispensing Facilities or Medical 63
Marijuana Dispensing Organizations, except as provided in this Ordinance. In the event 64
the State preempts local regulations, then State law will take precedence. 65
Section 3: ZONING IN PROGRESS: The City Council hereby declares zoning 66
in progress as it relates to the processing of any applications and permits relating to Medical 67
Marijuana Dispensing Facilities and Medical Marijuana Dispensing Organizations. All 68
affected property and business owners are placed on notice with respect to these pending 69
regulations and the actions being taken by the City. 70
Section 4. CONFLICT: All ordinances or Code provisions in conflict herewith 71
are hereby repealed. 72
Section 5. SEVERABILITY: If any section, subsection, sentence, clause, 73
phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by 74
any court of competent jurisdiction, such portion shall be deemed a separate, distinct and 75
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Added language is underlined. Deleted language is stricken through.
4
independent provision and such holding shall not affect the validity of the remaining 76
portions of this Ordinance. 77
Section 6. EFFECTIVE DATE: This Ordinance shall become effective 78
immediately upon its final passage. 79
PASSED ON FIRST READING ON THE _____ DAY OF __________, 2017. 80
PASSED ON SECOND READING ON THE ____ DAY OF _________, 2017. 81
82
ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI 83
GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF 84
______________, 2017. 85
86 ________________________________ 87
OLIVER GILBERT, III, MAYOR 88
89
90
91 ATTEST: 92
93
94
_________________________________ 95 RONETTA TAYLOR, MMC, CITY CLERK 96 97
98
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 99
100 101 SPONSORED BY: DAVID WILLIAMS, JR., COUNCILMAN 102
103
104
Moved by: __________________ 105 Second by: _________________ 106 107
VOTE: _________ 108
109
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Added language is underlined. Deleted language is stricken through.
5
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 110 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 111
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 112
Councilman Rodney Harris ____ (Yes) ____ (No) 113
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 114
Councilwoman Felicia Robinson ____ (Yes) ____ (No) 115 Councilman David Williams Jr ____ (Yes) ____ (No) 116
117
118
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City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: July 12, 2017 Item Type:
(Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box) Yes No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
x
X Public Hearing:
(Enter X in box)
Yes No Yes No
x
Funding Source: Revenue Advertising Requirement:
(Enter X in box)
Yes No
x
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:
N/A X
Sponsor Name Cameron D. Benson,
City Manager Department:
City Manager
City Manager’ s Office
Short Title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING
CHAPTER 26, ARTICLE II (“STORMWATER UTILITY”), SECTION 26-26 “FEE SCHEDULE AND
PAYMENT”, SECTION 26-29 “REQUEST FOR ADJUSTMENT”, SECTION 26-31 “ENFORCEMENT AND
PENALTIES”, AND ADDING SECTION 26-32 “PROHIBITIONS GENERALLY”, AND SECTION 26-32
“PERMITS, PLAN REVIEWS, INSPECTIONS, AND ADMINISTRATIVE FEES” OF THE CODE OF
ORDINANCES; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING
AN EFFECTIVE DATE
Staff Summary:
Background
On May 10, 2017 Council approved the increase of stormwater fees from $4.00 to $6.00 per ERU per
month. The revenue derived from this fee is to cover the costs for capital projects as well as maintenance
of the stormwater system. In the FY 2017 budget, the Fleet Manager submitted a five year vehicle
replacement plan to replace the 10 year old Street Sweeper and the two Vacuum Trucks.
Page 18 of 87
Agenda Item I-1
Amending Stormwater Utility Article
Current Situation
The monthly stormwater bill for each non-residential property is charged for the impervious surface.
Impervious area is defined as any part of any parcel of land that has been modified by the action of persons
which reduce the land's natural ability to absorb and hold rainfall. This includes areas that have been
cleared, graded, paved (parking lots), graveled, compacted, or covered with structures (building
footprint). The base charge is the same used for the residential properties - $6.00 per ERU per month.
However, the present value of one ERU for nonresidential property is 1,548 square feet of impervious
area which is divided into their total impervious area and then multiplied by the $6.00 per ERU.
Staff is proposing a 35% reduction cost to properties over 10 acres. The property owner will need to
complete an application for the cost reduction with the following, in order to receive reimbursement after
paying the total stormwater fees:
1.The properties will need to maintain a valid National Pollutant Discharge Elimination System
(NPDES) stormwater discharge permit. The property owner must send the stormwater
management utility director a copy of the NPDES Permit and subsequent renewals.
2.Property owners must demonstrate that their existing stormwater or new Stormwater Control
Measure controls the volume and quality of stormwater generated from their immediate
Developed Property (onsite) by providing facts, opinions, survey data, and signed and sealed
engineering reports and calculations to substantiate their reduction.
3.The property owner’s must maintain preventive/corrective maintenance program for all critical
facilities and systems of treatment and control (or related appurtenances) which are installed or
used by the owner or operator to achieve the goals of this law. Property owner must document all
operation and maintenance activities and provide the City with a report annually by April 30.
Therefore, failure to maintain the stormwater facilities onsite or provide the above information of
maintenance or other pertinence information to the City may result in a denial of the cost reduction
request for the following year.
Analysis
One example of a problem of properties over 10 acres (approximately 56 properties) is the flooding of
parking lots where they are not being maintained. Therefore, this proposed cost reduction will be a way
of property owners having an incentive in maintaining their stormwater system and the actual stormwater
on the property and document their maintenance activities through the year.
Staff reviewed the entire the ordinance and found other sections needed to be revised and/or added:
Sec. 26-26: Fee Schedule and Payment - the collection of stormwater management utility fees
through the tax roll as a non-ad valorem fee;
Sec. 26-31: Enforcement/Penalties – aligns Ordinance with Florida State Statue 197.172;
Sec. 26-32: Prohibitions – lists nine prohibited acts, authority to issue cease and deist orders for
prohibited activities, and liability for pollution abatement; and
Establishes Sec. 26-33: Permits, Plan Reviews, Inspections, and Administrative Fees.
Fiscal Impact
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This proposed 35% cost reduction with the new stormwater fee of $6.00 per ERU will generate additional
revenue of approximately $1.5 million based on FY 2017 certification.
Proposed Action:
Recommend Council approval of the Stormwater 35% cost reduction for non-residential properties over
10 acres and other changes/additions in the ordinance.
Attachment:
Attachment #1: Chapter 26 – Utilities – Article II – Stormwater Management Ordinance
Page 20 of 87
ORDINANCE NO. 2017_____ 1 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 26, 4
ARTICLE II (“STORMWATER UTILITY”), SECTION 26-26 5
“FEE SCHEDULE AND PAYMENT”, SECTION 26-29 6 “REQUEST FOR ADJUSTMENT”, SECTION 26-31 7
“ENFORCEMENT AND PENALTIES”, AND ADDING 8
SECTION 26-32 “PROHIBITIONS GENERALLY”, AND 9
SECTION 26-33 “PERMITS, PLAN REVIEWS, 10
INSPECTIONS, AND ADMINISTRATIVE FEES” OF THE 11 CODE OF ORDINANCES; PROVIDING FOR ADOPTION OF 12
REPRESENTATIONS; REPEALING ALL ORDINANCES IN 13
CONFLICT; PROVIDING A SEVERABILITY CLAUSE; 14
PROVIDING FOR INCLUSION IN CODE; PROVIDING AN 15
EFFECTIVE DATE 16 17
WHEREAS, in accordance with Chapter 26, Article II of the City of Miami 18
Gardens Code of Ordinances, the City has created a stormwater utility, and 19
WHEREAS, in May of 2017, the City Council authorized an increase of the 20
ERU from $4.00 to $6.00 and expressed its intent to continue to use the uniform 21
method for collection non-ad-valorem assessments for stormwater user fees as 22
authorized by Section 197.3632, and 23
WHEREAS, the City Manager is also recommending additional 24
amendments to the Stormwater Ordinance relating to requests for adjustments for 25
nonresidential properties in excess of ten (10) acres, enforcement and penalties, 26
and prohibitions, and permitting, 27
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 28
CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 29
Page 21 of 87
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing 1
Whereas paragraphs are hereby ratified and confirmed as being true, and the same 2
are hereby made a specific part of this Ordinance. 3
Section 2. AMENDMENT: Chapter 26, Article II of the City of Miami 4
Gardens Code of Ordinances is hereby amended as follows: 5
Sec. 26-26. - Fee schedule and payment. 6
(a) The fee schedule shall be adopted by separate resolution to be amended by the 7
city council from time to time. 8
(b) Stormwater management utility fees shall be billed and collected as a separate line item on 9
utility account bills in the tax roll as a non-ad valorem fee. The city is authorized to utilize the 10
county as an acceptable third party to perform billing services appraiser’s office as an acceptable 11
third party to perform billing services. 12
(c) Bills for stormwater management utility fees shall be payable at the same time and in the same 13
manner and subject to the penalties as provided in this article. 14
(d) Separate accounts for stormwater utility services only may be established if other utilities are 15
not furnished to the property. 16
(e) (d) The owner of the property is ultimately responsible for all stormwater management utility 17
fees imposed under this article. 18
Sec. 26-29. - Request for adjustment. 19
All requests for adjustment of the stormwater management utility fee shall be 20
submitted to the stormwater management utility director and shall be reviewed 21
as follows: 22
(1) All requests shall be in writing and set forth in detail the grounds upon which an adjustment is 23
sought. All requests shall be judged on the basis of the amount of impervious area on the lot or 24
parcel, and/or additional or enhanced stormwater facility on or serving the lot or parcel. No credit 25
shall be given for the installation of facilities required by county or city development codes or 26
state stormwater regulations. 27
(a) The City shall reimburse the stormwater management utility fees by thirty-five percent (35%) 28
for non-residential properties in excess of ten (10) acres with privately maintained stormwater 29
facilities. However, the property must maintain a valid National Pollutant Discharge Elimination 30
Page 22 of 87
System (NPDES) stormwater discharge permit which drains to waters of the United States, as1
defined by the U.S. Environmental Protection Agency. The property owner must send the2
stormwater management utility director a copy of said NPDES Permit and subsequent renewals.3
(2) Adjustment requests made during the first calendar year that the fee is imposed shall be4
reviewed by the stormwater management utility director within a one-year six-month period from5
the date of submission. Adjustments resulting from such requests shall be retroactive to the6
effective date of the ordinance from which this article is derived.7
(3) All adjustment requests received after the first calendar year that the fee is imposed shall be8
reviewed by the stormwater management utility director within a two four-month period from9
the date of submission. Adjustments resulting from such requests shall be retroactive to the date10
of submission of the adjustment request, but shall not exceed one year.11
(4) The customer or property-owner requesting the adjustment may be required, at his/her own12
cost, to provide supplemental information to the stormwater management utility director,13
including, but not limited to, facts, opinions, survey data, and signed and sealed engineering14
reports and calculations to substantiate customer's case. Property owners must demonstrate that15
their existing stormwater or new Stormwater Control Measure controls the volume and quality16
of stormwater generated from their immediate Developed Property (onsite).17
Maintenance of Stormwater Systems:18
The owner or operator of the permanent stormwater management program shall ensure that said19
program is administered practices installed in accordance with the this law to shall ensure they20
are operated and maintained to achieve the goals of this law. Proper operation and maintenance21
also includes as a minimum, the following:22
(a) A preventive/corrective maintenance program for all critical facilities and systems of 23
treatment 24
and control (or related appurtenances) which are installed or used by the owner or operator to25
achieve the goals of this law. Property owner must document all operation and maintenance26
activities and provide the City with a report annually by April 30. Failure to provide such27
information may result in a denial of the adjustment request.28
(b) Failure to maintain the stormwater facilities onsite or provide information of 29
maintenance or other pertinence information may result in a denial of the cost 30
adjustment request. 31
32
(5) The stormwater management utility director shall provide the person requesting the33
adjustment with a written determination of the request within the time provided herein. Any34
adjustments shall be prorated monthly.35
Page 23 of 87
Sec. 26-31. - Enforcement and penalties. 1
(a) Stormwater utility fees shall be payable when due on the tax notice,. and, if late, 2
shall be subject to a ten percent late charge. Any unpaid balance for such fees 3
and late charges shall be subject to an interest charge in accordance with Fla. 4
Stat. § 197.172, as amended. Non-ad valorem assessments collected pursuant 5
to this Chapter shall be subject to all collection provisions of Chapter 197 of the 6
Florida Statutes, including provisions relating to discount for early payment, 7
prepayment by installment method, deferred payment, penalty for delinquent 8
payment, and issuance and sale of tax certificates and tax deeds for 9
nonpayment. at the rate of eight percent per annum. Imposition of such interest 10
charge shall commence 60 days after the past due date of the fees set forth on 11
the utility bill. Nonpayment of any portion of the stormwater utility fee shall be 12
considered as nonpayment of all other utilities appearing on the bill and may 13
result in the termination of all utility services appearing on the bill. 14
(b) All fees, late charge and interest accruing, thereupon due and owing to the utility which remain 15
unpaid 60 days after the past due date of the fees shall become a lien against and upon the 16
developed property for which the fees are due and owing to the same extent and character as 17
alien for a special assessment. Until fully paid and discharged, said fees, late charges, and interest 18
accrued thereupon shall be, remain, and constitute a special assessment lien equal in rank and 19
dignity with the lien of ad valorem taxes and superior in rank and dignity to all other liens, 20
encumbrances, titles, and claims in, to or against the developed property involved for the period 21
of five years from the date said fees, late charges, and interest accrued thereupon, become a lien 22
as set forth in this article. Said lien may be enforced and satisfied by the city, on behalf of the 23
stormwater management utility, pursuant to F.S. ch. 173, as amended from time to time, or any 24
other method permitted by law. The lien provided for herein shall not be deemed to be in lieu of 25
any other legal remedies for recovery of said fee, late charges, and accrued interest available in 26
the city and to the utility. The following conditions shall apply: 27
(1) Notice. For fees which become more than 60 days past due and unpaid, the city or the 28
stormwater management utility shall cause to be filed in the county public records, a notice of 29
lien or statement showing a legal description of the property against which the lien is claimed, its 30
location by street and number, the name of the owner, and an accurate statement of the fees and 31
late charges then unpaid. A copy of such notice of lien may be mailed within a reasonable time to 32
the owner of the property involved as shown by the records of the county tax collector. 33
(2) Appeals. A property owner shall have ten days after receipt of a bill to request an appeal in 34
writing to the city's code enforcement special master. Said request shall be mailed to the attention 35
of the finance director, shall be in writing, and shall state the basis for the appeal. Upon receipt 36
of a notice of appeal, the city shall schedule a hearing before the special master and shall provide 37
notice of the date of the hearing to the property owner by certified mail. If a request for an appeal 38
Page 24 of 87
is not filed within the ten-day time frame, the lien shall be deemed valid. If the city is the prevailing 1
party on appeal, a $100.00 administrative fee shall be assessed against the property owner.2
(3) Satisfaction. Liens may be discharged and satisfied by payment to the city, on behalf of the3
utility, of the aggregate amounts specified in the notice of lien, together with interest accrued4
thereon, and all filing and recording fees. When any such lien has been fully paid or discharged,5
the city shall cause evidence of the satisfaction and discharge of such lien to be filed with the6
office of the clerk of the circuit court of the county. Any person, firm, corporation, or other legal7
entity, other than the present owner of the property involved, who fully pays any such lien shall8
be entitled to an assignment of lien and shall be subrogated to the rights of the city and the utility9
with respect to the enforcement of such lien.10
(4) Exemption to notice. Notwithstanding other provisions to the contrary herein, the city on11
behalf of the stormwater management utility shall have the discretion not to file notices of lien12
for fees, late charges, and interest accrued thereupon in an amount less than $100.00. If the city13
or the stormwater management utility elects not to file a notice of lien, said fees, late charges,14
and accrued interest shall remain as debts due and owing in accordance with the provisions of15
this article.16
(5) Certificates verifying amount of debt. The utility is authorized and directed to execute and17
deliver upon request written certificates certifying the amount of fees, late charges, and interest18
accrued thereupon, which are due and owing to the utility and the city, for any developed19
property which is subject to payment of said fees, or the utility may certify that no fees, late20
charges or accrued interest are due and owing. Said certificates shall be binding upon the city and21
the utility. Third party requests for certificates may incur a reasonable charge based on22
administration and clerical time to research, produce and transmit said certificates.23
Sec. 26-32. – Prohibitions, Generally.24
(a) Prohibited acts. The following shall constitute a violation of this code: 25
(1) Any discharge into the stormwater system of the city or drainage district without written26
permission from the stormwater management utility director and the appropriate Drainage27
District.28
(2) Any discharge into the stormwater system of the City or Drainage District in violation of 29
any city, federal, state, county, municipal or other governmental law, regulation or permit is30
prohibited, except those discharges authorized by a valid NPDES permit.31
(3) Any discharge to the stormwater system that is not composed entirely of stormwater is 32
prohibited, except as authorized by a valid NPDES permit.33
Page 25 of 87
(4) Blocking, filling, altering or obstructing any drainage course, swale, canal, ditch or any type1
of stormwater management facility in a manner which alters the intended use of the facility,2
whether the facility is located on public right-of-way, dedicated easement, or private property is3
strictly prohibited unless specifically authorized by the city and the appropriate Drainage Districts.4
(5) Litter, littering material. The accumulation, placing, sweeping, scattering, throwing, or5
dumping of litter, or littering material such as dead plants, yard clippings, stagnant water, rubbish,6
debris, trash, refuse, including any wrecked derelict or partially dismantled motor vehicle, trailer,7
boats, machinery, appliances, furniture or similar article, or any unsanitary, hazardous or8
significant material or other noxious matter upon any surface area, stormwater management9
system or waterbody within the city is hereby prohibited.10
(6) Development of a parcel of land shall be prohibited from non-permitted discharges onto 11
adjacent parcels of land.12
(7) Failure to properly maintain a stormwater management facility so that it operates as 13
originally designed or permitted is strictly prohibited. If a stormwater system ceases to fully14
function as intended, the property owner may be required to replace or rebuild said system.15
(8) A failure to fulfill the requirements of § 26.20 of this code. 16
(9) A violation of any other mandatory provision of this chapter. 17
(B) Authority to issue cease and desist orders for prohibited activities. Whenever the18
stormwater management utility director or Building Official determines that conditions or19
activities exist which require immediate action to protect the public health, safety, or welfare, the20
stormwater management utility director, Building Official or his or her designee are hereby21
authorized to take all actions reasonably necessary to preserve the public health, safety and22
general welfare, including to enter upon any property within the city at such reasonable times as23
the stormwater management utility director or Building Official deems necessary for the purposes24
of testing, inspecting, investigating, measuring, and sampling the property where prohibited25
activities may exist. The stormwater management utility director or Building Official may issue26
cease and desist orders to effectuate the immediate discontinuance of any activity that the27
stormwater management utility director or Building Official determines causes or tends to cause28
a prohibited activity or condition. Failure to comply with such order shall constitute a separate29
violation of this code for each day the activity continues. This order may be made orally provided30
written notice of such order is subsequently issued in a prompt fashion.31
(C) Liability for pollution abatement. Any person, entity or property owner who discharges 32
pollutants into any waters of the State or stormwater systems or who fails to correct any33
prohibited condition or discontinue any prohibited activity at the stormwater management utility34
director or Building Official's request, shall be responsible to pay the necessary expenses incurred35
Page 26 of 87
by the city in carrying out any pollution abatement activities undertaken by the city to preserve1
the public's health, safety and general welfare, including any expenses incurred in testing,2
measuring, sampling, collecting, removing, containing, treating, and disposing of the pollutant3
materials in addition to assessed fines and legal fees.4
• Sec. 26-33. – Permits, Plan Reviews, Inspections, and Administrative Fees.5
(a) It shall be unlawful for any person or organization to construct, enlarge, alter, repair,6
relocate, or demolish a storm sewer, natural watercourse or other drainage facility, without first7
filing an application and obtaining a proper permit from the city, DERM or any required8
county/state agency. The city shall require the payment of administrative fees to defray certain9
administrative costs incurred by the city's Building Department and Engineering Department,10
including but not limited to permit application and plan review, inspection and engineering review11
for each project. Payment shall be due upon submission of the permit application.12
(b) Stormwater inspections and monitoring procedures. The city may enter, perform inspections,13
surveillance and monitoring procedures, within reasonable hours, on and of all structures and14
premises, and shall have free access to copying or reviewing pertinent records of a facility, system15
or premises, to ascertain the state of compliance with the laws, rules and regulations of the city,16
state and federal government regarding compliance as outlined in this chapter.17
(1) The compliance personnel of the enforcing agency shall be provided with official 18
identification and shall exhibit such identification when performing inspections.19
(2) The owner, operator, lessees, occupant or person in charge of the structure or premises 20
shall give the inspecting officer free access for the purpose of making such inspections without21
hampering, obstructing, or interfering with such obstruction.22
Section 3. CONFLICT: All ordinances or Code provisions in conflict 23
herewith are hereby repealed. 24
Section 4. SEVERABILITY: If any section, subsection, sentence, 25
clause, phrase or portion of this Ordinance is for any reason held invalid or 26
unconstitutional by any court of competent jurisdiction, such portion shall be 27
deemed a separate, distinct and independent provision and such holding shall not 28
affect the validity of the remaining portions of this Ordinance. 29
Page 27 of 87
Section 5. INCLUSION IN CODE: It is the intention of the City 1
Council of the City of Miami Gardens that the provisions of this Ordinance shall 2
become and be made a part of the Code of Ordinances of the City of Miami 3
Gardens and that the section of this Ordinance may be renumbered or relettered 4
and the word “Ordinance” may be changed to “Chapter,” “Section,” “Article” or such 5
other appropriate word or phrase, the use of which shall accomplish the intentions 6
herein expressed. 7
Section 6. EFFECTIVE DATE: This Ordinance shall become effective 8
immediately upon its final passage. 9
PASSED ON FIRST READING ON THE _____ DAY OF __________, 10
2017. 11
PASSED ON SECOND READING ON THE ____ DAY OF _________, 12
2017. 13
14
ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF 15
MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF 16
______________, 2017. 17
18
________________________________ 19 OLIVER GILBERT, III, MAYOR 20
21
22
23 ATTEST: 24 25
26
_________________________________ 27
Page 28 of 87
RONETTA TAYLOR, MMC, CITY CLERK 1 2
3
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 4
5
6 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 7
8
9
Moved by: __________________ 10
Second by: _________________ 11 12
VOTE: _________ 13
14
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 15
Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 16 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 17
Councilman Rodney Harris ____ (Yes) ____ (No) 18
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 19
Councilwoman Felicia Robinson ____ (Yes) ____ (No) 20
Councilman David Williams Jr ____ (Yes) ____ (No) 21 22
23
Page 29 of 87
Chapter 26 - UTILITIES
ARTICLE I. - IN GENERAL
Secs. 26-1—26-19. - Reserved.
ARTICLE II. - STORMWATER UTILITY
Sec. 26-20. - Intent.
It is the purpose and intent of the city to create a municipal stormwater utility pursuant to
F.S. § 403.0893(1), as amended from time to time, and to establish stormwater utility
fees to be levied against all developed property in the city in the amounts sufficient to
plan, control, operate and maintain the city's stormwater management system pursuant
to F.S. § 403.0891(3).
(Ord. No. 2006-25-106, § 2(1), 12-13-2006)
Sec. 26-21. - Construction.
This article shall be liberally construed to protect the public health, safety, and welfare, and
to effectuate the purposes set forth herein.
(Ord. No. 2006-25-106, § 2(2), 12-13-2006)
Sec. 26-22. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different
meaning:
Developed property means real property within the city on which improvements have been made to
foster commercial, residential or civic use, and/or any property on which impervious structures have
been placed. For new construction, a property shall be considered developed for purposes of this article:
(1)
Upon issuance of a certificate of occupancy or upon completion of construction or final inspection if no
such certificate is issued; or
(2)
Where construction is at least 50 percent complete and construction is halted for a period of three
months.
Equivalent residential unit (ERU) means the representative average impervious area of single-family
residential property located in the city.
Page 30 of 87
Impervious area means any part of any parcel of land that has been modified by the action of persons to
reduce the land's natural ability to absorb and hold rainfall. This includes areas that have been cleared,
graded, paved, graveled, or compacted, or covered with structures. Excluded are all lawns, landscape
areas, and gardens or farming areas.
Manager means the city manager or his/her designee.
Multifamily property means all residential development not classified as single-family residential.
Nonresidential property means all property not zoned or used as single-family or multifamily residential
property as defined in this article.
Residential property means any later parcel developed exclusively for residential purposes, including but
not limited to, single-family homes, manufactured homes, multifamily apartment buildings and
condominiums, and transient rentals such as hotels and motels.
Single-family property means all single-family detached residential dwelling structures. All other
residential development shall be classified as multifamily.
Stormwater means that part of precipitation that travels over natural, altered, or improved surfaces to
the nearest stream, canal, or channel or impoundment and may appear in surface waters.
Stormwater management plan means an approved plan for receiving, handling, and transporting storm
and surface waters within the city stormwater management system.
Stormwater management system means all natural and manmade elements used to convey stormwater
from the first point of impact with the surface of the earth to a suitable outlet location internal or
external to the boundaries of the city. The stormwater management system includes all pipes, channels,
streams, canals, ditches, wetlands, sinkholes, detention/retention basins, ponds, secondary canals and
their rights-of-way, and other stormwater conveyance and treatment facilities, whether public or
private.
Stormwater management utility director means the designee of the city manager responsible for
implementing the stormwater management utility function.
Undeveloped property means all real property within the city which does not meet the definition of
developed property.
(Ord. No. 2006-25-106, § 2(3), 12-13-2006)
Sec. 26-23. - Utility established.
(a) There is hereby created and established a stormwater management utility) program,
which shall provide the operational means of implementing and carrying out the
functional requirements of the stormwater management system. The stormwater
management utility program shall be part of the overall utility systems of the city.
Page 31 of 87
(b) The governing body of the stormwater utility program shall be the city council.
(Ord. No. 2006-25-106, § 2(3), 12-13-2006)
Sec. 26-24. - Customer base.
All real property within the jurisdictional boundaries of the city shall be subject to
stormwater management utility fees unless specifically exempted. The fees shall apply
to all tax-exempt properties, including properties of federal, state, city, and county
agencies and nonprofit organizations.
(Ord. No. 2006-25-106, § 2(4), 12-13-2006)
Sec. 26-25. - Utility fee categories.
(a) Stormwater management utility fees are established and amended as necessary to be
sufficient to plan, construct, operate, and maintain the stormwater management
system, as required by F.S. § 403.0891(3). All lots and parcels subject to stormwater
management utility fees in the city are divided into three classes as follows:
(1) Single-family property. Each single-family property shall be considered 1.0 ERUs for billing purposes.
(2) Multifamily. Each multifamily unit shall be considered as 0.6 ERUs for billing purposes.
(3) Houses of worship. Houses of worship classified by the county property appraiser as land use type 71
shall be assessed a monthly utility fee which is 50 percent of the fee for nonresidential developed
property calculated pursuant to subsection (a)(4) of this section.
(4) Nonresidential property. The monthly utility fee for all nonresidential properties shall be billed and
calculated in accordance with the following formula:
The value of one ERU for nonresidential property is hereby determined to be 1,548 1.730 square feet of
impervious area. (1,548 s1,730 quare feet of impervious area = 1.0 ERU).
In instances where multiple utility customers occupy a developed property, the city shall implement a
rational and equitable proration related to the occupancy contained thereon for billing purposes.
The utility fee shall = (Number of nonresidential ERUs) x (rate per ERU)
A minimum value of one (1.0) ERU shall be assigned to each nonresidential property.
(b) For the purposes of calculating stormwater management utility fees, the calculation of ERUs is based
upon property usage, as determined by the city and based on, but not limited by, state and county land
use codes, local business licenses, city land development regulations, and site inspections.
(c) The number of ERUs calculated for each account shall be rounded to the nearest 1/100 of a whole
number.
Page 32 of 87
(Ord. No. 2006-25-106, § 2(5), 12-13-2006)
Sec. 26-26. - Fee schedule and payment.
(a) The fee schedule shall be adopted by separate resolution to be amended by the city
council from time to time.
(b) Stormwater management utility fees shall be billed and collected as a separate line item on utility
account bills. The city is authorized to utilize the county as an acceptable third party to perform billing
services.
(c) Bills for stormwater management utility fees shall be payable at the same time and in the same
manner and subject to the penalties as provided in this article.
(d) Separate accounts for stormwater utility services only may be established if other utilities are not
furnished to the property.
(e) The owner of the property is ultimately responsible for all stormwater management utility fees
imposed under this article.
(Ord. No. 2006-25-106, § 2(6), 12-13-2006)
Sec. 26-27. - Exemptions.
The following real property located in the city shall be exempt from the imposition of
stormwater management utility fees:
(1) Undeveloped property;
(2) Paved or improved public rights-of-way;
(3) Agriculture-classified properties under agriculture uses.
(Ord. No. 2006-25-106, § 2(7), 12-13-2006)
Sec. 26-28. - Stormwater utility enterprise funds.
(a) A stormwater management utility enterprise fund (the fund) account, into which all
revenues from stormwater management utility fees, connection charges, grants, or
other funding sources shall be deposited and from which all expenditures related to the
stormwater management utility shall be paid, is hereby established.
(b) Accounting and reporting procedures shall be consistent with state general law. Expenditures from
the fund for activities that are not related to the city stormwater management utility shall not be
permitted, except for a prorated charge for general government services as is in effect for other city
utility operations.
Page 33 of 87
(c) The monies within the fund shall be used for the exclusive use of the city's stormwater management
utility, including, but not limited to, the following:
(1) Stormwater management services, such as studies, design, permit review, planned preparation, and
development review;
(2) Operation, maintenance, repair, and replacement of the stormwater collection, storage, treatment,
and conveyance infrastructure;
(3) Project cost related to constructing major or minor structural improvements to the stormwater-
related infrastructure as provided in any city stormwater management plan;
(4) Administrative costs associated with the management of the stormwater management utility fee;
(5) Debt service financing of stormwater-related capital improvements defined in any city stormwater
management plan including city's pro rata share of the county stormwater utility revenue bond series
1999 and series 2004;
(6) Funding of any studies, including water quantity and quality monitoring aerial photography and
geotechnical work associated with the planning of stormwater-related infrastructure.
(Ord. No. 2006-25-106, § 2(8), 12-13-2006)
Sec. 26-29. - Request for adjustment.
All requests for adjustment of the stormwater management utility fee shall be submitted to
the stormwater management utility director and shall be reviewed as follows:
(1) All requests shall be in writing and set forth in detail the grounds upon which an adjustment is
sought. All requests shall be judged on the basis of the amount of impervious area on the lot or parcel,
and/or additional or enhanced stormwater facility on or serving the lot or parcel. No credit shall be given
for the installation of facilities required by county or city development codes or state stormwater
regulations.
(2) Adjustment requests made during the first calendar year that the fee is imposed shall be reviewed by
the stormwater management utility director within a one-year period from the date of submission.
Adjustments resulting from such requests shall be retroactive to the effective date of the ordinance
from which this article is derived.
(3) All adjustment requests received after the first calendar year that the fee is imposed shall be
reviewed by the stormwater management utility director within a four-month period from the date of
submission. Adjustments resulting from such requests shall be retroactive to the date of submission of
the adjustment request, but shall not exceed one year.
(4) The customer or property-owner requesting the adjustment may be required, at his/her own cost, to
provide supplemental information to the stormwater management utility director, including, but not
Page 34 of 87
limited to, facts, opinions, survey data, and engineering to substantiate customer's case. Failure to
provide such information may result in a denial of the adjustment request.
(5) The stormwater management utility director shall provide the person requesting the adjustment
with a written determination of the request within the time provided herein. Any adjustments shall be
prorated monthly.
(Ord. No. 2006-25-106, § 2(9), 12-13-2006)
Sec. 26-30. - Appeal process.
Any customer or property owner who disputes the result of a request made to the
stormwater management utility director for adjustment may petition in writing to the
city manager for a review of said charges. The decision of the city manager shall be final.
(Ord. No. 2006-25-106, § 2(10), 12-13-2006)
Sec. 26-31. - Enforcement and penalties.
(a) Stormwater utility fees shall be payable when due and, if late, shall be subject to a ten
percent late charge. Any unpaid balance for such fees and late charges shall be subject
to an interest charge at the rate of eight percent per annum. Imposition of such interest
charge shall commence 60 days after the past due date of the fees set forth on the
utility bill. Nonpayment of any portion of the stormwater utility fee shall be considered
as nonpayment of all other utilities appearing on the bill and may result in the
termination of all utility services appearing on the bill.
(b) All fees, late charge and interest accruing, thereupon due and owing to the utility which remain
unpaid 60 days after the past due date of the fees shall become a lien against and upon the developed
property for which the fees are due and owing to the same extent and character as alien for a special
assessment. Until fully paid and discharged, said fees, late charges, and interest accrued thereupon shall
be, remain, and constitute a special assessment lien equal in rank and dignity with the lien of ad valorem
taxes and superior in rank and dignity to all other liens, encumbrances, titles, and claims in, to or against
the developed property involved for the period of five years from the date said fees, late charges, and
interest accrued thereupon, become a lien as set forth in this article. Said lien may be enforced and
satisfied by the city, on behalf of the stormwater management utility, pursuant to F.S. ch. 173, as
amended from time to time, or any other method permitted by law. The lien provided for herein shall
not be deemed to be in lieu of any other legal remedies for recovery of said fee, late charges, and
accrued interest available in the city and to the utility. The following conditions shall apply:
(1) Notice. For fees which become more than 60 days past due and unpaid, the city or the stormwater
management utility shall cause to be filed in the county public records, a notice of lien or statement
showing a legal description of the property against which the lien is claimed, its location by street and
number, the name of the owner, and an accurate statement of the fees and late charges then unpaid. A
Page 35 of 87
copy of such notice of lien may be mailed within a reasonable time to the owner of the property
involved as shown by the records of the county tax collector.
(2) Appeals. A property owner shall have ten days after receipt of a bill to request an appeal in writing to
the city's code enforcement special master. Said request shall be mailed to the attention of the finance
director, shall be in writing, and shall state the basis for the appeal. Upon receipt of a notice of appeal,
the city shall schedule a hearing before the special master and shall provide notice of the date of the
hearing to the property owner by certified mail. If a request for an appeal is not filed within the ten-day
time frame, the lien shall be deemed valid. If the city is the prevailing party on appeal, a $100.00
administrative fee shall be assessed against the property owner.
(3) Satisfaction. Liens may be discharged and satisfied by payment to the city, on behalf of the utility, of
the aggregate amounts specified in the notice of lien, together with interest accrued thereon, and all
filing and recording fees. When any such lien has been fully paid or discharged, the city shall cause
evidence of the satisfaction and discharge of such lien to be filed with the office of the clerk of the
circuit court of the county. Any person, firm, corporation, or other legal entity, other than the present
owner of the property involved, who fully pays any such lien shall be entitled to an assignment of lien
and shall be subrogated to the rights of the city and the utility with respect to the enforcement of such
lien.
(4) Exemption to notice. Notwithstanding other provisions to the contrary herein, the city on behalf of
the stormwater management utility shall have the discretion not to file notices of lien for fees, late
charges, and interest accrued thereupon in an amount less than $100.00. If the city or the stormwater
management utility elects not to file a notice of lien, said fees, late charges, and accrued interest shall
remain as debts due and owing in accordance with the provisions of this article.
(5) Certificates verifying amount of debt. The utility is authorized and directed to execute and deliver
upon request written certificates certifying the amount of fees, late charges, and interest accrued
thereupon, which are due and owing to the utility and the city, for any developed property which is
subject to payment of said fees, or the utility may certify that no fees, late charges or accrued interest
are due and owing. Said certificates shall be binding upon the city and the utility. Third party requests
for certificates may incur a reasonable charge based on administration and clerical time to research,
produce and transmit said certificates.
(Ord. No. 2006-25-106, § 2(11), 12-13-2006; Ord. No. 2007-30-136, § 2(11), 11-12-2007)
Page 36 of 87
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: July 12, 2017 Item Type:
(Enter X in
box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box)
Yes No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
X Public Hearing:
(Enter X in box)
Yes No Yes No
Funding Source: City of Miami
Gardens General
Obligation Bond
Funds
Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #: Request For Proposal Number
16-17-031
Senior Family Center
Improvements
X
Sponsor Name: Cameron Benson,
City Manager
Department: Capital Improvement Project
(CIP)
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING REQUEST FOR PROPOSAL NUMBER 16-17-03116-17-
034 FOR SENIOR FAMILY CENTER DESIGN-BUILD TO
___________________________; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
BACKGROUND
In April 2014, the City of Miami Gardens’ residents approved a General Obligation Bond in the amount of sixty million dollars ($60,000,000) for the construction of and improvements to the City’s
parks and related facilities. The City Council subsequently approved a Bond Implementation Plan
that lists and details the proposed improvements at each park facility or municipal property.
On July 20, 2016, staff issued Request For Qualifications (RFQ) Number 15-16-044 for Senior Family Center Improvements, Step One, inviting Design-Build firms or teams to provide
qualifications for City consideration for the negotiation and award of a future Design-Build contract
for a new community center building, pool, related site and facility improvements. The awarded
Page 37 of 87
Agenda Item L-1
Senior Family Center
Design-Build firm or team is expected to coordinate with the New Urban Development, LLC, on
construction timelines, site plans and etc.
A broadcast notice was sent to sixteen thousand six hundred seventy (16,670) vendors. One
hundred thirty-seven (137) proposals were viewed. The RFQ opened on September 7, 2016 and
five (5) proposals were received and publicly read. The RFQ was prepared in accordance with
Florida Statute 287.055 Consultants Competitive Negotiation Act (CCNA).
On September 19, 2016, the Selection Committee short-listed four (4) firms: Link Construction
Group; MBR Construction, Inc.; Recreational Design & Construction, Inc.; and West Construction,
Inc.
CURRENT SITUATION
On February 8, 2017, Request For Proposal (RFP) Number 16-17-031, Step Two for Senior
Family Center Improvements was issued to the four (4) short-listed vendors. The RFP opened on
April 20, 2017. Proposals were received from three (3) proposers, Link Construction Group; MBR Construction, Inc.; and West Construction, Inc. Each proposal was publicly read.
On March 13, 2017, the Evaluation Committee was established and each committee member was
provided the evaluation score sheet, proposals, copy of the solicitation and instructions as to the
ranking process.
On May 1, 2017, an initial Evaluation Committee meeting was held. The Evaluation Committee
determined that all three (3) firms, Link Construction Group; MBR Construction, Inc.; and West
Construction, Inc. was responsive and responsible to the requirements of the RFP.
On May 24, 2017, a Final Evaluation Committee Meeting was held and after presentations from
the firms responding to Request For Proposal (RFP) Number 16-17-031, Step Two for Senior
Family Center Improvements, the Evaluation Committee scored and ranked the three (3) firms.
The Evaluation Committee's final recommendation of ranking was posted on the City’s website on May 24, 2017.
Oral Presentation Evaluation Committee Summary Score and Ranking:
Evaluation Committee Members
Name of Firms Committee
Member 1
Committee
Member 2
Committee
Member 3
Total Ranking
West Construction, Inc. 81.36 86.36 78.36 246.08 1
Link Construction Group 78.2 84.2 83.2 245.6 2
MBR Construction, Inc. 78 83 73 234 3
Page 38 of 87
The Office of Procurement Management (OPM) applied the City of Miami Gardens Business and
Resident Economic Growth Plan (CMG-BREP) preference to this project. Link Construction
Group; MBR Construction, Inc.; and West Construction, Inc., was compliant to the City of Miami
Gardens Business Resident Economic Growth Plan (CMG-BREP) (Exhibit 1).
A copy of the proposal document and submittals are available at the Assistant to the Mayor and
Council’s Office for review.
FISCAL IMPACT The funding is derived from the General Obligation Bond and the amount listed in the RFP as the
maximum bid amount is available for this project.
Proposed Action:
The City Council approves the attached resolution authorizing the City Manager to negotiate and
execute an agreement with ___________________________ for the improvements at the Senior
Family Center as listed in Request for Proposal Number 16-17-031.
Attachments:
Exhibit 1 – City of Miami Gardens Business Resident Economic Growth Plan (CMG-BREP) Memorandum
Exhibit 2 – Bid Tabulation
Page 39 of 87
RESOLUTION NO.___________ 1 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI 3
GARDENS, FLORIDA, AWARDING REQUEST FOR PROPOSAL 4
NUMBER 16-17-03116-17-034 FOR SENIOR FAMILY CENTER 5
DESIGN-BUILD TO ___________________________; 6 PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 7
PROVIDING FOR AN EFFECTIVE DATE. 8
9
WHEREAS, in April 2014, the City of Miami Gardens’ residents approved a 10
General Obligation Bond in the amount of Sixty Million Dollars ($60,000,000) for the 11
construction of and improvements to the City’s parks and related facilities, and 12
WHEREAS, on July 20, 2016, City Staff issued Request For Qualifications (RFQ) 13
Number 15-16-044 for Senior Family Center Improvements, Step One, inviting Design-14
Build firms or teams to provide qualifications for City consideration for the negotiation and 15
award of a future Design-Build contract for a new community center building, pool, related 16
site and facility improvements, and 17
WHEREAS, on September 7, 2016, the RFQ opened and five (5) proposals were 18
received and publicly read, and 19
WHEREAS, on September 19, 2016, the Selection Committee short-listed four (4) 20
firms: Link Construction Group; MBR Construction, Inc.; Recreational Design & 21
Construction, Inc.; and West Construction, Inc., and 22
WHEREAS, on February 8, 2017, Request For Proposal (RFP) Number 16-17-23
031, Step Two, for Senior Family Center Improvements was issued to the four (4) short-24
listed vendors, and 25
WHEREAS, RFP Number 16-17-031 opened on April 20, 2017, proposals were 26
received from three (3) proposers, Link Construction Group; MBR Construction, Inc.; and 27
West Construction, Inc., and were publicly read, and 28
Page 40 of 87
WHEREAS, on May 24, 2017, a Final Evaluation Committee Meeting was held and 29
after presentations from the firms responding, the Evaluation Committee scored and 30
ranked the three (3) firms, the Bid Tabulation Sheet is attached hereto as Exhibit “B’, and 31
WHEREAS, on July 12, 2017, the City Council heard oral presentations, and 32
WHEREAS, in accordance with Florida Statutes 218.391(4)(b) “If compensation is 33
one of the factors established pursuant to paragraph (3)(a) and used in the evaluation of 34
proposals pursuant to paragraph (3)(d), the governing body shall select the highest-35
ranked qualified firm or must document in its public records the reason for not selecting 36
the highest-ranked qualified firm,” 37
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 38
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 39
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 40
paragraphs are hereby ratified and confirmed as being true, and the same are hereby made 41
a specific part of this Resolution. 42
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 43
hereby awarding Request For Proposal Number 16-17-03116-17-034 for Senior Family 44
Center DESIGN-BUILD to ___________________________. 45
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 46
upon its final passage. 47
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 48
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 49
50
___________________________________ 51
OLIVER GILBERT, III, MAYOR 52 ATTEST: 53 __________________________________ 54
Page 41 of 87
RONETTA TAYLOR, MMC, CITY CLERK 55 56
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 57
58
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 59
60 Moved by: __________________ 61
62
VOTE: _________ 63
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 64
Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 65 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 66
Councilman Rodney Harris ____ (Yes) ____ (No) 67
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 68
Councilwoman Felicia Robinson ____ (Yes) ____ (No) 69
Councilman David Williams Jr ____ (Yes) ____ (No 70
Page 42 of 87
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Page 47 of 87
Date Bid Opened: April 20, 2017
Bid Submittals: 3
Division 01 - General Requirements Notes Unit Cost Notes Unit Cost Notes Unit Cost Notes
1,084,936.00$ 238,061.25$ 210,000.00$
518,945.00$ 500,000.00$ 500,000.00$
$20,000.00 ALLOWANCE 20,000.00$ ALLOWANCE 20,000.00$ ALLOWANCE 20,000.00$ ALLOWANCE
112,156.00$ 73,949.41$ 130,000.00$
413,603.00$ 700,000.00$ 580,000.00$
Division 02 - Existing Conditions
Asbestos and Lead Based Paint Abatement 60,000.00$ Abatement Plan and Removal 5,250.00$ 37,500.00$
Building(s) Demolition 39,500.00$ (3) Buildings and Asphalt 52,500.00$ 30,000.00$
Other Site Demolition 6,402.00$ Existing wood fencing 69,300.00$ 25,000.00$
Division 10 - Specialties
INCLUDED Included in Div. 31 26,250.00$ 10,000.00$
Division 12 - Furnishings
Trash and Litter Receptors 12,497.00$ Ash Urns, Benches, Bike Racks Included 5,670.00$ 15,000.00$
28,916.00$ Pool/Pavilion Furniture & Window Treatments 13,650.00$ 30,000.00$
Division 13 - Special Construction
703,504.00$ Millwork, roofing, openings, specialties, Spc. Const.8,400.00$ 10,000.00$
697,281.00$ Conc. Metals 1,071,525.00$ 912,240.00$
Finishes 600,760.00$ GWB, Stucco, Flrng, Clngs 679,350.00$ 1,107,000.00$
1,325,994.00$ F.P., HVAC, Electrical, Plumbing 519,750.00$ 937,000.00$
Historic Enrico Farmhouse Renovation $325,000.00 ALLOWANCE 325,000.00$ ALLOWANCE 325,000.00$ ALLOWANCE 325,000.00$ ALLOWANCE
New Large Pavilion/BBQ Outdoor Kitchen 192,900.00$ Pavilion, BBQ Eqpt., Kitchen Eqpt.42,000.00$ 105,000.00$
Dumpster Enclosure with Gates INCLUDED Included in Structure 7,000.00$ 12,500.00$
Heated Exercise Pool +/- 1,600SF 445,000.00$ 472,500.00$ 290,000.00$
Division 26 - Electrical
INCLUDED 198,765.00$ 178,000.00$
Lightning Protection/Detection/Prediction INCLUDED 31,500.00$ 9,000.00$
Division 28 - Electronic Safety and Security
COORDINATION ONLY INCLUDED COORDINATION ONLY 1,050.00$ COORDINATION ONLY 9,000.00$ COORDINATION ONLY
COORDINATION ONLY INCLUDED COORDINATION ONLY 1,050.00$ COORDINATION ONLY 9,000.00$ COORDINATION ONLY
Division 31 - Earthwork
Clearing and Grubbing 155,694.00$ Clearing and Grubbing, Fine Grading, Bldg. Pad 84,000.00$ 30,000.00$
28,928.00$ Green Area Prep 10,500.00$ 85,000.00$
Division 32 - Exterior Improvements
184,263.00$ Note # new spaces provided:93 Spaces 141,750.00$ Note # new spaces provided:187,004.00$ Note # new spaces provided:136
Concrete Paving / Walks 54,597.00$ Note SF 8,120 SF 41,160.00$ Note SF 73,108.00$ Note SF 18,277
Curbs and Gutters 24,332.00$ Note LF 2,200 LF 47,250.00$ Note LF 27,000.00$ Note LF 1,500
Chain Link Fence 35,340.00$ Note LF 1,767 LF 70,402.50$ Note LF 52,304.00$ Note LF 1,868
Picket Fence 51,200.00$ Note LF 1,024 LF 17,892.00$ Note LF 34,560.00$ Note LF 576
Estate Style Fence 215,618.00$ Note LF 1,217 LF 89,100.90$ Note LF 90,825.00$ Note LF 1,211
Irrigation System - Complete 85,000.00$ 78,750.00$ 55,000.00$
Irrigation Meter and Backflow Preventer -5,250.00$ 45,000.00$
Sod 81,825.00$ Note SF:43,500 SF 28,224.00$ Note SF:53,064.00$ Note SF:151,611
Shrubs 24,606.00$ Note quantity:2,154 EA 15,750.00$ Note quantity:4,000.00$ Note quantity:400
Trees 80,025.00$
Shade Trees INCLUDED Note quantity:67 EA 21,000.00$ Note quantity:24,500.00$ Note quantity:70
Palms INCLUDED Note quantity:18 EA 10,500.00$ Note quantity:9,500.00$ Note quantity:30
Doral, FL
Public WIFI
Parking Lot Lighting
Parks Video Surveillance
New Senior Family Center Building
Seating, Benches and Tables
General Conditions
Design Fees
Link Construction Group
Purchasing Agent: Latora Francis
Description
RFP No. 16-17-031
Design Build Senior Family Center Step 2
Agency: Capital Improvements
Asphalt Paving
Fine Grading
West Construction, Inc.
Lake Worth, FL
Permit Allowance
Bonds and Insurance (Bldrs Risk; GL)
OH&Profit
MBR Construction, Inc.
Fort Lauderdale, FL
Traffic and Site Signage
General Conditions
Structure
MEP,Fire, Technology
Page 48 of 87
Flowering And Small Trees INCLUDED Note quantity:10 EA 5,250.00$ Note quantity:3,900.00$ Note quantity:16
Tree Protection INCLUDED As Required 5,250.00$ 6,000.00$
Tree Pruning / Lifting /Maintenance INCLUDED As Required 10,500.00$ 6,000.00$
Division 33 - Site Utilities
622,220.00$ 456,750.00$ 122,570.00$
ABOVE 21,000.00$ 35,000.00$
FPL, Comcast, ATT (Power, Telecommunications, TV)INCLUDED 33,600.00$ 28,000.00$
8,231,042.00$ $6,256,400.06 6,463,575.00$
Add Alternates:Add Alternates:
137,000.00$ 104,000.00$ Full commercial kitchen in lieu of warming
kitchen 515,000.00$
Please note add'l square footage if any 1000 extra SF required
Add Alternates:Add Alternates:
185,000.00$ 123,500.00$ Auxiliary Generator Full Building Capacity 152,800.00$
65,000.00$ 13,000.00$
Transfer Switch, Pad and Connections only
for Portable Auxiliary Generator in lieu of
permanent auxiliary generator
25,000.00$
Full commercial kitchen in lieu of warming kitchen
Auxiliary Generator Full Building Capacity
Transfer Switch, Pad and Connections only for
Portable Auxiliary Generator in lieu of permanent
auxiliary generator
DESIGN BUILD BASE BID PRICE:
Onsite Water & Sewer, Drainage
Offsite Water & Sewer, Drainage
Page 49 of 87
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: July 12, 2017 Item Type:
(Enter X in
box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box)
Yes No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
X Public Hearing:
(Enter X in box)
Yes No Yes No
Funding Source: General Fund –
Events & Media
Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #: RFQ Number 16-17-025
Jazz in the Gardens Management
Services X
Sponsor Name: Cameron Benson,
City Manager
Department:
Events & Media
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA,
ACCEPTING THE RANKING OF THE SELECTION COMMITTEE FOR RFQ# 16-17-025, JAZZ IN
THE GARDENS MANAGEMENT SERVICES, AND AUTHORIZING THE CITY MANAGER TO
PROCEED WITH NEGOTIATIONS WITH THE FIRST RANKED FIRM, AND IF NEGOTIATIONS
FAIL TO NEGOTIATE WITH THE SECOND RANKED FIRM, AND SO ON UNTIL THE CITY
MANAGER SUCCESSFULLY NEGOTIATES AND EXECUTES A CONTRACT WITH THE
SUCCESSFUL BIDDER; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
BACKGROUND
The City of Miami Gardens has engaged the services of AEG Live SE, LLC, over the past five years to
produce the annual Jazz in the Gardens music festival on behalf of the City. Over the past few years the
City has expressed a desire to expand and explore opportunities with respect to the production of the
event. On January 18, 2017, City staff issued a formal bid solicitation for the production of Jazz in the
Gardens Management Services to retain a firm to collaborate with the City to host the Jazz in the
Gardens music festival (“Event’’). It is the City’s intention to select a provider that will grow the Event,
while giving the City a return on its investment.
Page 50 of 87
Agenda Item L-2
Jazz in the Gardens
CURRENT SITUATION
The Office of Procurement Management (OPM) applied the City of Miami Gardens Business and
Resident Economic Growth Plan (CMG-BREP) preference to this project. A National Limousine Service,
Inc. d/b/a New Day Productions; AEG Live SE, LLC; Bravo Entertainment, LLC d/b/a Knitting Factory
Presents, LLC; Favor International and The Forum Group; and Red Eye Entertainment, Inc. are compliant
to the City of Miami Gardens Business Resident Economic Growth Plan (CMG-BREP) (Exhibit 1).
On January 18, 2017, staff prepared specifications for Request for Qualifications (RFQ) Number 16-17-
025, Jazz in the Gardens Management Services to select a firm to collaborate with the City to produce
the Jazz in the Gardens event. A broadcast notice was sent to five thousand three hundred seventy nine
(5,379) vendors via BidSync. Ninety five (95) vendors reviewed the solicitation. The RFQ opened on
April 20, 2017. Proposals were received from six (6) proposers, A National Limousine Service, Inc. d/b/a
New Day Productions; AEG Live SE, LLC; Bravo Entertainment, LLC d/b/a Knitting Factory Presents, LLC;
Favor International and The Forum Group; Reach Media (REACH) and North American Entertainment
Group, Inc. (NAEG); and Red Eye Entertainment, Inc. Each proposal was publicly read.
In order to submit a bid in response to Request for Qualifications Number 16-17-025, attendance at the
Mandatory Pre-Proposal conference was required. Vendors were advised that any bidder/potential
vendor not attending the mandatory meeting would not have an opportunity to be considered. Reach
Media (REACH) and North American Entertainment Group, Inc. (NAEG) did not attend the Mandatory
Pre-Proposal conference and their proposal was not considered for this RFQ.
On May 4, 2017, the selection committee was established and each committee member was provided
the evaluation score sheet, proposals, and a copy of the solicitation and instructions as to the ranking
process.
On June 7, 2017, an initial selection/shortlist committee meeting was held. The Selection Committee
members determined that all five (5) firms, A National Limousine Service, Inc. d/b/a New Day
Productions; AEG Live SE, LLC; Bravo Entertainment, LLC d/b/a Knitting Factory Presents, LLC; Favor
International and The Forum Group, and Red Eye Entertainment, Inc. were responsive and responsible
to the RFQ.
On June 12, 2017, Bravo Entertainment, LLC d/b/a Knitting Factory Presents, LLC, notified the City that
they were withdrawing their bid from the solicitation process.
On July 6, 2017, a Presentation and Ranking meeting was held. After presentation and scoring, the
Selection Committee named AEG LIVE, LLC. as the first-ranked firm (Exhibit 2).
The Selection Committee's final recommendation of ranking was posted on the City’s website on July 6,
2017.
Page 51 of 87
A copy of the proposal document and submittals are available at the Assistant to the Mayor and
Council’s Office for review.
Proposed Action:
It is recommended the City Council accept the ranking of the Selection Committee for Request for
Qualification Number 16-17-025, Jazz in the Gardens Management Services, and authorize the City
Manager to proceed with negotiations with the first ranked firm, AEG Live, LLC. In the event that the
negotiations are not successful within a reasonable timeframe (notification will be provided to the firm)
an impasse will be declared and negotiations with the first-ranked firm will cease. Negotiations will
begin with the second ranked firm. This process shall continue until the City successfully negotiates a
contract.
Attachments:
Exhibit 1 – City of Miami Gardens Business Resident Economic Growth Plan (CMG-BREP) Memorandum
Exhibit 2 – Selection Committee Rankings
Page 52 of 87
RESOLUTION NO. 2017____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, ACCEPTING THE RANKING OF 4 THE SELECTION COMMITTEE FOR RFQ# 16-17-025, JAZZ IN 5
THE GARDENS MANAGEMENT SERVICES, AND AUTHORIZING 6
THE CITY MANAGER TO PROCEED WITH NEGOTIATIONS 7
WITH THE FIRST RANKED FIRM, AND IF NEGOTIATIONS FAIL 8
TO NEGOTIATE WITH THE SECOND RANKED FIRM, AND SO 9 ON UNTIL THE CITY MANAGER SUCCESSFULLY NEGOTIATES 10
AND EXECUTES A CONTRACT WITH THE SUCCESSFUL 11
BIDDER; PROVIDING FOR INSTRUCTIONS TO THE CITY 12
CLERK; PROVIDING FOR THE ADOPTION OF 13
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 14 15
WHEREAS, the City of Miami Gardens has engaged the services of AEG Live 16
SE, LLC, over the past five years to produce the annual Jazz in the Gardens music 17
festival, and 18
WHEREAS, on January 18, 2017, City staff issued RFQ#16-17-025, a formal 19
bid solicitation for the production of Jazz in the Gardens Management Services to retain 20
a firm to collaborate with the City to host the Jazz in the Gardens music festival 21
(“Event’’), and 22
WHEREAS, it is the City’s intention to select a provider that will grow the Event, 23
while giving the City a return on its investment, and 24
WHEREAS, the RFQ opened on April 20, 2017, and proposals were received 25
from six (6) proposers, A National Limousine Service, Inc. d/b/a New Day Productions; 26
AEG Live SE, LLC; Bravo Entertainment, LLC d/b/a Knitting Factory Presents, LLC; 27
Favor International and The Forum Group; Reach Media (REACH) and North American 28
Entertainment Group, Inc. (NAEG); and Red Eye Entertainment, Inc., and 29
WHEREAS, Reach Media (REACH) and North American Entertainment Group, 30
Inc. (NAEG) did not attend the Mandatory Pre-Proposal conference and their proposal 31
was not considered for this RFQ, and 32
Page 53 of 87
WHEREAS, the Selection Committee members determined that all five (5) firms, 33
A National Limousine Service, Inc. d/b/a New Day Productions; AEG Live SE, LLC; 34
Bravo Entertainment, LLC d/b/a Knitting Factory Presents, LLC; Favor International and 35
The Forum Group, and Red Eye Entertainment, Inc. were responsive and responsible to 36
the RFQ; however, Bravo Entertainment, LLC d/b/a Knitting Factory Presents, LLC, 37
notified the City that they were withdrawing their bid from the solicitation process, and 38
WHEREAS, on July 6, 2017, a Presentation and Ranking meeting was held and 39
after presentation and scoring, the Selection Committee ranked the firms as follows: 1. 40
AEG Live, LLC; 2.Red Eye Entertainment, Inc.; 3. A National Limousine Service, Inc. 41
d/b/a New Day Productions; 4. Favor International and the Forum Group, and 42
WHEREAS, the Selection Committee named AEG Live, LLC as the first-ranked 43
firm, and 44
WHEREAS, City staff is requesting that the City Council accept the rankings of 45
the Selection Committee and authorize staff to negotiate with the first ranked vendor 46
and if negotiations fail, to negotiate with the second ranked vendor and so on until an 47
agreement is negotiated and executed, 48
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 49
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 50
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 51
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 52
made a specific part of this Resolution. 53
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 54
hereby accepts the rankings of the Selection Committee and authorizes staff to 55
Page 54 of 87
negotiate with the first ranked vendor and if negotiations fail, to negotiate with the 56
second ranked vendor and so on until an agreement is negotiated and executed. 57
Section 3; INSTRUCTIONS TO THE CITY CLERK: Section 3: 58
INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby authorized to obtain 59
two (2) fully executed copies of the subject Agreement with one to be maintained by the 60
City, and one to be delivered to the successful bidder. 61
Section 4: EFFECTIVE DATE: This Resolution shall take effect immediately 62
upon its final passage. 63
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 64
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 65
66
___________________________________ 67
OLIVER GILBERT, III, MAYOR 68 69
70
71
ATTEST: 72 73 74
__________________________________ 75
RONETTA TAYLOR, MMC, CITY CLERK 76
77
78 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 79
80
81
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 82
83 Moved by: __________________ 84
85
VOTE: _________ 86
87
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 88 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 89
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 90
Councilman Rodney Harris ____ (Yes) ____ (No) 91
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 92
Page 55 of 87
Councilwoman Felicia Robinson ____ (Yes) ____ (No) 93
Councilman David Williams Jr ____ (Yes) ____ (No) 94
95
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Page 67 of 87
RFQ #: 1/18/17
Title:4/20/17
Agency:5
Project Manager:7/6/17
Vendors Listed Alphabetically Address City State - Country Zone Zip
A National Limousine Service, Inc.
d/b/a New Day Productions 1990 Metropolitan Parkway Atlanta GA 30315
AEG Live, LLC 1800 Australian Ave. South West Palm Beach FL 33409
Favor International and The Forum
Group 19040 Wilshire Blvd. Ste. 1600 Los Angeles CA 90024
Red Eye Entertainment, Inc.611 N.W 31st. street Pompano Beach FL 33069
7/6/17
COMMENTS:
Date Created:
Rank
3
1
4
2
Jazz in the Gardens
Management Services
Public Affairs
Recommendation of Ranking:
Date Advertised:
Date Opened:
Number of Responses Received:
16-17-025
Petula Burks
Page 68 of 87
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: July 12, 2017 Item Type:
(Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading
X Public Hearing:
(Enter X in box)
Yes No Yes No
x
Funding Source: N/A Advertising Requirement: Yes No
x
Contract/P.O. Required: Yes No RFP/RFQ/Bid #: N/A
X
Sponsor Name: Cameron D. Benson, City Manager Department: Planning and Zoning
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, APPROVING THE APPLICATION SUBMITTED BY MIAMI GARDENS
TOWERS, LLC, FOR PROPERTY GENERALLY LOCATED AT 350
NORTHWEST 215TH STREET, FOR AN EXTENSION OF A TEMPORARY NON-
USE VARIANCE TO ALLOW OFF-STREET PARKING ON A NATURAL
SURFACE WHERE PAVEMENT AND DRAINAGE IS REQUIRED; PROVIDING
FOR A DECLARATION OF RESTRICTIVE COVENANTS; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE
Staff Summary:
Background
On March 3, 2010, the City Council of the City of Miami Gardens adopted Resolution No. 2010-49-1231-
Z-92 permitting a temporary non-use variance to allow off-street parking and storage of 550 vehicles from
the adjacent automotive dealership on a natural surface, where pavement and drainage is required.
Under this Resolution the City Council also passed a non-use variance for the same property located at
350 NW 215th Street, Miami Gardens, Florida, to allow a fence height of ten (10) feet where a maximum
height of six (6) feet is permitted, in order to provide security for the vehicles. The Resolution was
Page 69 of 87
Agenda Item O-1
Miami Gardens Towers LLC
approved subject to a Declaration of Restrictive Covenants, which permitted the parking and storage of
vehicles to be permitted for (5) years only, after which time the use “shall be considered terminated,
abandoned and discontinued…” Per the Declaration, the non-use variance expired on May 3, 2015.
Current Situation
Warren Henry Automotive (WHA) continues to use the property to park and store vehicles in inventory.
This has allowed the dealership to offer a greater selection and availability of vehicles and minimizes the
impacts on City streets by not having to utilize City streets to constantly transfer vehicles back and forth,
also reducing congestion.
WHA has outgrown its current facilities and plans to relocate and vacate the subject parking area by the
end of December 2018. The applicant intends to return the area to its pre-parking, landscaped condition
at that time. The applicant, Matthew Coglianese of Rasco-Klock-Perez-Nieto, on behalf of Miami Gardens
Tower, LLC, is requesting a renewal of the temporary non-use variance through the end of December
2018.
Proposed Action:
It is recommended the City of Miami Gardens City Council renew Resolution No. 2010-49-1231-Z-92
permitting a temporary non-use variance to allow off-street parking and vehicle storage on a natural
surface, where pavement and drainage is required, with an expiration date of December 31, 2018.
Attachment:
Exhibit A- Previous Resolution No. 2010-49-1231-Z-92
Page 70 of 87
RESOLUTION NO.___________ 1 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI 3
GARDENS, FLORIDA, APPROVING THE APPLICATION 4
SUBMITTED BY MIAMI GARDENS TOWERS, LLC, FOR 5
PROPERTY GENERALLY LOCATED AT 350 NORTHWEST 6
215TH STREET, FOR AN EXTENSION OF A TEMPORARY NON-7
USE VARIANCE TO ALLOW OFF-STREET PARKING ON A 8
NATURAL SURFACE WHERE PAVEMENT AND DRAINAGE IS 9
REQUIRED; PROVIDING FOR A DECLARATION OF 10
RESTRICTIVE COVENANTS; PROVIDING FOR THE ADOPTION 11
OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. 12
13
WHEREAS, on March 3, 2010, the City Council of the City of Miami Gardens 14
adopted Resolution No. 2010-49-1231-Z-92, permitting a temporary non-use variance for 15
the property located at 350 Northwest 215th Street, Miami Gardens, Florida, and 16
WHEREAS, the variance allowed off-street parking and storage of five hundred 17
and fifty (550) vehicles from the adjacent automotive dealership on a natural surface, 18
where pavement and drainage is required, and 19
WHEREAS, the Resolution was approved subject to a Declaration of Restrictive 20
Covenants, which permitted the parking and storage of vehicles for (5) years only, after 21
which time the use “shall be considered terminated, abandoned and discontinued…”, and 22
WHEREAS, per the Declaration, the non-use variance expired on May 3, 2015, 23
and 24
WHEREAS, Warren Henry Automotive (WHA) continues to use the property to 25
park and store vehicles in inventory, and 26
WHEREAS, WHA has outgrown its current facilities and plans to relocate and 27
vacate the subject parking area by the end of December 2018, and 28
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WHEREAS, the applicant intends to return the area to its pre-parking, landscaped 29
condition at that time, and 30
WHEREAS, the applicant, Matthew Coglianese of Rasco-Klock-Perez-Nieto, on 31
behalf of Miami Gardens Tower, LLC, is requesting a renewal of the temporary non-use 32
variance through the end of December 2018, and 33
WHEREAS, the City’s Planning and Zoning Staff recommends approval of the 34
Application, subject to certain conditions and the execution of the Declaration of 35
Restricted Covenants attached hereto as Exhibit “A”, 36
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 37
OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 38
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 39
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 40
made a specific part of this Resolution. 41
Section 2. APPROVAL: The City Council of the City of Miami Gardens hereby 42
renews Resolution No. 2010-49-1231-Z-92 permitting a temporary non-use variance to 43
allow off-street parking and vehicle storage on a natural surface, where pavement and 44
drainage is required, with an expiration date of December 31, 2018, subject to certain 45
conditions and the execution of the Declaration of Restricted Covenants attached hereto 46
as Exhibit “A”. 47
Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately 48
upon its final passage. 49
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 50
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 51
Page 72 of 87
52 ___________________________________ 53
OLIVER GILBERT, III, MAYOR 54
55
56
57 ATTEST: 58
__________________________________ 59
RONETTA TAYLOR, MMC, CITY CLERK 60
61
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 62 63
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 64
65
Moved by: __________________ 66 67 VOTE: _________ 68
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 69
Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 70
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 71
Councilman Rodney Harris ____ (Yes) ____ (No) 72 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 73
Councilwoman Felicia Robinson ____ (Yes) ____ (No) 74
Councilman David Williams Jr ____ (Yes) ____ (No 75
Page 73 of 87
Return to: (enclose self-addressed stamped envelope)
Name: Ronetta Taylor, City Clerk
18605 Northwest 27th Avenue
Miami Gardens, Florida 33056
This Instrument Prepared by:
Sonja K. Dickens, Esq.
City Attorney
18605 Northwest 27th Avenue, Suite 339
Miami Gardens, Florida 33056
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA
DECLARATION OF RESTRICTIONS
WHEREAS, Owner, Miami Gardens Tower, LLC, by and through Michael J.
Umano, President of Miami Gardens Tower, LLC (“Owner”), proposes to use the property
located at 350 Northwest 215th Street, for the purpose of temporary parking and storage
for up to five hundred fifty (550) new vehicles for a new car dealership in the vicinity.
Owner is seeking approval of certain non-use variances of land area as follows:
1. A temporary non-use variance to allow off-street parking on natural
surface where pavement and drainage is required; and
IN ORDER TO ASSURE the City of Miami Gardens that the representations made
by the Owner will be abided by the Owner, subject only to conditions contained herein,
freely, voluntarily and without duress, the Owner makes the following Declaration of
Restrictions covering and running with the land:
1. Operation and Maintenance Restrictions.
a. That the unusual use of the parking and storage of vehicles shall be
considered terminated, abandoned and discontinued on December 31,
2018;
Page 74 of 87
b. Upon termination, abandonment or discontinuance of the use on the
property the Owner shall return the property to its original natural
environmental state, and remove all improvements;
c. That the parking of vehicles shall be for new, untitled vehicles only;
d. That the Owner provide a cross access agreement from the abutting
property owner to the east providing access to the proposed
ingress/egress point;
e. That the Owner shall apply for and obtain a Certificate of Use from the
City for a commercial parking lot prior to the establishment of the use;
f. That the property shall be properly secured, and patrolled as to not result in a nuisance to the surrounding property owners; i. That the property shall be maintained in its natural environmental state, safe and except any overgrowth of ground material;
g. No tree(s) shall be removed or relocated without first obtaining a permit
from the City; and
2. City Inspection. As further part of this Declaration, it is hereby understood and
agreed that any official inspector of the City, or its agents duly authorized, may
have the privilege at any time during normal working hours of entering and
inspecting the use of the premises to determine whether or not the requirements
of the building and zoning regulations and the conditions herein agreed to are
being complied with.
3. Covenant Running With The Land. This Declaration on the part of the Owner
shall constitute a covenant running with the land and shall remain in full force and
effect and be binding upon the Owner, and his heirs, successors and assigns
until such time as the same is modified or released. These restrictions during
their lifetime shall be for the benefit of, and limitation upon, all present and future
owners of the real property and for the public welfare.
4. Term. This Declaration is to run with the land and shall be binding on all parties
and all persons claiming from the date this Declaration is recorded. This
Declaration shall be in effect for a period of thirty (30) years from the date of
recordation in the public records of Miami-Dade County, Florida, after which time
it shall be automatically extended for periods of ten (10) years. This Declaration
may be modified, amended or released as to the Property or any portion thereof
by a written instrument executed by the then Applicant(s) of the Property, and
applicable mortgagees, if any, provided that same is approved by the City
Page 75 of 87
Council after public hearing. In such event, the Mayor or City Manager shall
execute a written instrument suitable for recordation acknowledging such
modification, amendment or release.
5. Modification, Amendment, Release. This Declaration of Restrictions may be
modified, amended or released as to the land herein described, or any portion
thereof, by a written instrument executed by the, then, owner(s) of all of the
Property, including joinders of all mortgagees, if any, provided that the same is
also approved by the City, or other procedure permitted under the City's Code,
whichever by law has jurisdiction over such matters, after public hearing.
6. Enforcement. Enforcement shall be by action against any parties or person
violating, or attempting to violate, any covenants. The prevailing party in any
action or suit pertaining to or arising out of this declaration shall be entitled to
recover, in addition to costs and disbursements allowed by law, such sum as the
Court may judge to be reasonable for attorney fees. This enforcement provision
shall be in addition to any other remedies available at law or in equity.
Jurisdiction shall be proper in Miami-Dade County.
7. Authorization for Miami Gardens to Withhold Permits and Inspections. In
the event the terms of this Declaration are not complied with, in addition to any
other remedies available, the City is hereby authorized to withhold any further
permits, and refuse to make any inspections or grant any approvals, until such
time as this Declaration is complied with.
(SIGNATURE PAGE TO FOLLOW)
Page 76 of 87
IN WITNESS WHEREOF, Owner has executed this Declaration.
________________________
Print Name:______________
________________________
Print Name:
________________________
Print Name:
_________________________
________________________
Michael J. Umano, for Miami Gardens
Tower, LLC
_________________________
Date
Print Name: _______________ ACCEPTANCE
The City of Miami Gardens, hereby accepts this Declaration of Restrictions
hereby made by ____________________.
CITY OF MIAMI GARDENS, FLORIDA
Attest:
_________________________________ By:_____________________________
City Clerk Cameron D. Benson, City Manager
Date:___________________________
Page 77 of 87
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Page 81 of 87
Page 82 of 87
Return to: (enclose self-addressed stamped envelope)
Name: Ronetta Taylor, City Clerk
1515 N.W. 167th Street
Building 5, Suite 200
Miami Gardens, Florida 33169
This Instrument Prepared by:
Sonja K. Dickens, Esquire City Attorney 1515 N.W. 167th Street
Building 5, Suite 200
Miami Gardens, Florida 33169
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA
DECLARATION OF RESTRICTIONS
WHEREAS, Owner by and through David Fenton, Trustee (“Owner”), proposes to
use the property located at 350 Northwest 215th Street, for the purpose of temporary
parking and storage for up to five hundred fifty (550) new vehicles for a new car
dealership in the vicinity. Owner is seeking approval of certain non-use variances of land
area as follows:
1. A temporary non-use variance to allow off-street parking on natural
surface where pavement and drainage is required; and
2. A non-use variance to allow a fence height of ten (10) feet where a
maximum height of six (6) feet is permitted.
IN ORDER TO ASSURE the City of Miami Gardens that the representations made
by the Owner will be abided by the Owner, subject only to conditions contained herein,
freely, voluntarily and without duress, the Owner makes the following Declaration of
Restrictions covering and running with the land:
Page 83 of 87
1. Operation and Maintenance Restrictions.
a. That the property be developed substantially in compliance with plans submitted entitled “Access Site Plan To Property” as prepared by Leiter, Perez & Associates, Inc., dated March 21, 2008 consisting of one (1)
sheet;
b. That the unusual use of the parking and storage of vehicles shall be
considered terminated, abandoned and discontinued five (5) years from
the date of approval of this Application;
c. Upon termination, abandonment or discontinuance of the use on the
property the Owner shall return the property to its original natural
environmental state, and remove all improvements;
d. That the parking of vehicles shall be for new, untitled vehicles only; e. That the Owner provide a cross access agreement from the abutting
property owner to the east providing access to the proposed
ingress/egress point;
f. That prior to issuance of a final development order for any other use on
the property if within the five (5) year approval period, that the vehicle
parking and storage use shall be abandoned and discontinued;
g. That the Owner shall apply for and obtain a Certificate of Use from the
City for a commercial parking lot prior to the establishment of the use;
h. That the property shall be properly secured, and patrolled as to not result in a nuisance to the surrounding property owners;
i. That the property shall be maintained in its natural environmental state,
safe and except any overgrowth of ground material;
i. No tree(s) shall be removed or relocated without first obtaining a permit
from the City; and
k. That the Owner apply for and obtain a permit for the installation of a
fence, and any other improvements requiring a building permit on the
property prior to the establishment of the use.
2. City Inspection. As further part of this Declaration, it is hereby understood and
agreed that any official inspector of the City, or its agents duly authorized, may
have the privilege at any time during normal working hours of entering and
inspecting the use of the premises to determine whether or not the requirements
Page 84 of 87
of the building and zoning regulations and the conditions herein agreed to are
being complied with.
3. Covenant Running With The Land. This Declaration on the part of the Owner shall constitute a covenant running with the land and shall remain in full force
and effect and be binding upon the Owner, and his heirs, successors and
assigns until such time as the same is modified or released. These restrictions
during their lifetime shall be for the benefit of, and limitation upon, all present and
future owners of the real property and for the public welfare.
4. Term. This Declaration is to run with the land and shall be binding on all parties
and all persons claiming from the date this Declaration is recorded. This
Declaration shall be in effect for a period of thirty (30) years from the date of
recordation in the public records of Miami-Dade County, Florida, after which time
it shall be automatically extended for periods of ten (10) years. This Declaration
may be modified, amended or released as to the Property or any portion thereof by a written instrument executed by the then Applicant(s) of the Property, and applicable mortgagees, if any, provided that same is approved by the City
Council after public hearing. In such event, the Mayor or City Manager shall
execute a written instrument suitable for recordation acknowledging such
modification, amendment or release.
5. Modification, Amendment, Release. This Declaration of Restrictions may be
modified, amended or released as to the land herein described, or any portion
thereof, by a written instrument executed by the, then, owner(s) of all of the
Property, including joinders of all mortgagees, if any, provided that the same is
also approved by the City, or other procedure permitted under the City's Code,
whichever by law has jurisdiction over such matters, after public hearing. 6. Enforcement. Enforcement shall be by action against any parties or person
violating, or attempting to violate, any covenants. The prevailing party in any
action or suit pertaining to or arising out of this declaration shall be entitled to
recover, in addition to costs and disbursements allowed by law, such sum as the
Court may judge to be reasonable for attorney fees. This enforcement provision
shall be in addition to any other remedies available at law or in equity.
Jurisdiction shall be proper in Miami-Dade County.
7. Authorization for Miami Gardens to Withhold Permits and Inspections. In
the event the terms of this Declaration are not complied with, in addition to any
other remedies available, the City is hereby authorized to withhold any further permits, and refuse to make any inspections or grant any approvals, until such time as this Declaration is complied with.
Page 85 of 87
(SIGNATURE PAGE TO FOLLOW)
Page 86 of 87
IN WITNESS WHEREOF, Owner has executed this Declaration.
________________________
Print Name:______________
________________________
Print Name:
________________________ Print Name:
_________________________
________________________
David Fenton, Trustee
_________________________ Date
Print Name: _______________
ACCEPTANCE
The City of Miami Gardens, hereby accepts this Declaration of Restrictions
hereby made by ____________________. CITY OF MIAMI GARDENS, FLORIDA Attest:
_________________________________ By:_____________________________
City Clerk Mayor Shirley S. Gibson
Date:___________________________
Page 87 of 87