HomeMy WebLinkAboutMay 13, 2015 City Council AgendaRegular City Council Agenda
May 13, 2015 Page 1
CITY OF MIAMI GARDENS
CITY COUNCIL MEETING AGENDA
Meeting Date: May 13, 2015
18605 NW 27th Avenue
Miami Gardens, Florida 33056
Next Regular Meeting Date: May 27, 2015
Phone: (305) 622-8000 Fax: (305) 622-8001
Website: www.miamigardens-fl.gov
Time: 7:00 p.m.
Mayor Oliver Gilbert
Vice Mayor Felicia Robinson
Councilman Rodney Harris
Councilwoman Lisa C. Davis
Councilman David Williams Jr.
Councilwoman Lillie Q. Odom
Councilman Erhabor Ighodaro, Ph.D.
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 – April 22, 2015
(E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time)
(F) SPECIAL PRESENTATIONS (5 minutes each)
F-1) Councilwoman Lisa C. Davis – Mother’s Day Honorees
F-2) Councilman David Williams Jr. - Recognitions
F-3) Proclamation – National Public Works Week – May 18-22, 2015
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(G) PUBLIC COMMENTS (2 minutes each)
(H) ORDINANCE(S) FOR FIRST READING:
None
(I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S)
None
(J) RESOLUTION(S)/PUBLIC HEARING(S)
J-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, CO-DESIGNATING NW 167TH
TERRACE FROM NW 29TH AVENUE TO NW 32ND AVENUE AS
“EMMANUEL BOULEVARD”; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE. (COUNCILMAN ERHABOR IGHODARO)
(K) CONSENT AGENDA:
K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CREATION
OF A BUSINESS INCUBATOR IN THE CITY OF MIAMI
GARDENS; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
(SPONSORED BY MAYOR OLIVER GILBERT)
K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER TO TAKE ALL NECESSARY STEPS TO LOCATE
FUNDING TO CONSTRUCT AN ARTS AND CULTURAL
CENTER IN THE CITY OF MIAMI GARDENS; PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE. (SPONSORED BY MAYOR OLIVER
GILBERT)
K-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, SUPPORTING THE CIRCLE OF
MOTHERS RETREAT TO BE HELD ON MAY 22, 2015
THROUGH MAY 24, 2015; AUTHORIZING A SPONSORSHIP OF
THE EVENT IN THE AMOUNT THREE THOUSAND DOLLARS
($3,000.00) FROM THE CITY MANAGER’S SPECIAL EVENT
FUND; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
(SPONSORED BY MAYOR OLIVER GILBERT)
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Regular City Council Agenda
May 13, 2015 Page 3
K-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, SUPPORTING A TEACHER
APPRECIATION BRUNCH FOR EDUCATORS AT CAROL CITY
MIDDLE AND CAROL CITY HIGH SCHOOLS, RESPECTIVELY;
AUTHORIZING A SPONSORSHIP OF THE EVENT, IN THE
AMOUNT OF FIVE HUNDRED DOLLARS ($500.00), FROM THE
SPECIAL EVENTS FUND FOR THIS PURPOSE; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING
FOR AN EFFECTIVE DATE. (SPONSORED BY VICE MAYOR
ROBINSON)
K-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, SUPPORTING THE ANNUAL
MOTHER’S DAY LUNCHEON AT THE BETTY T. FERGUSON
RECREATIONAL COMPLEX; AUTHORIZING A SPONSORSHIP
OF THE EVENT, IN THE AMOUNT ONE THOUSAND DOLLARS
($1000.00), FROM THE SPECIAL EVENTS FUND FOR THIS
PURPOSE; PROVIDING FOR NUNC PRO TUNC EFFECT;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY
VICE MAYOR ROBINSON)
K-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, SUPPORTING MEDICAID
EXPANSION OF THE AFFORDABLE CARE ACT AND URGING
THE FLORIDA LEGISLATURE TO PASS LEGISLATION
EXPANDING MEDICAID IN FLORIDA; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE. (COUNCILWOMAN LISA C. DAVIS)
K-7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY TO
PARTNER WITH THE EDO ASSOCIATION OF FLORIDA, INC.,
TO HOST A FOURTH OF JULY EVENT IN THE CITY OF MIAMI
GARDENS; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
(SPONSORED BY COUNCILMAN IGHODARO)
K-8) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
ATTORNEY TO NEGOTIATE AND EXECUTE A JOINT
INTEREST AGREEMENT WITH AMERICAN TRAFFIC
SOLUTIONS (ATS), XEROX STATE & LOCAL SOLUTIONS, INC.
(“XEROX”), GATSO USA INC. (“GATSO”), AND VARIOUS
MUNICIPALITIES, IN THE MATTER OF CHRISTOPHER L.
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PARKER ET AL. V. AMERICAN TRAFFIC SOLUTIONS, INC. ET
AL,; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE
DATE.(SPONSORED BY THE CITY ATTORNEY)
K-9) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE AND ATTEST,
RESPECTIVELY THAT CERTAIN INTERLOCAL AGREEMENT
ATTACHED HERETO AS EXHIBIT “A”, WITH MIAMI-DADE
COUNTY FOR REIMBURSEMENT OF PARKING FINES;
PROVIDING FOR FUTURE AUTHORIZATION TO THE CITY
MANAGER; PROVIDING FOR INSTRUCTIONS TO THE CITY
CLERK; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
(SPONSORED BY THE CITY MANAGER)
K-10) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, REJECTING ALL PROPOSALS
RECEIVED IN RESPONSE TO ITB NO. 14-15-017 FOR
DRAINAGE INFRASTRUCTURE AND ROADWAY
IMPROVEMENTS FOR THE LIVABLE NEIGHBORHOOD
IMPROVEMENT FOR VISTA VERDE PHASE II PROJECT;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE
CITY MANAGER)
K-11) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, REJECTING ALL PROPOSALS
RECEIVED IN RESPONSE TO ITB NO. 14-15-012 FOR BUS
TRANSPORTATION SERVICES; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
K-12) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER AND THE CITY CLERK TO EXECUTE AND
ATTEST RESPECTIVELY THAT CERTAIN BIFURCATION OF
THE AMENDED MORTGAGE DEED AND RESTRICTIVE
COVENANT WITH RUDG-THE COMMONS, LLC, ATTACHED
HERETO AS EXHIBIT “A”; AUTHORIZING THE CITY
MANAGER TO EXECUTE AND ATTEST RESPECTIVELY THAT
CERTAIN COMMERCIAL MORTGAGE DEED AND
RESTRICTIVE COVENANT AND THAT CERTAIN
RESIDENTIAL MORTGAGE DEED AND RESTRICTIVE
COVENANT WITH RUDG-THE COMMONS, LLC, ATTACHED
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HERETO AS EXHIBITS “B” AND “C”; PROVIDING FOR
INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
(L) RESOLUTION(S)
L-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING A GRANT
MATCH IN THE AMOUNT OF ONE HUNDRED TWENTY-FIVE
THOUSAND DOLLARS ($125,000.00) TOWARDS FUNDING FOR
THE AFRICAN MUSEUM OF ARTS AND CULTURAL CENTER
UPON THE AFRICAN MUSEUM OF ARTS AND CULTURAL
CENTER’S RECEIPT OF A GRANT FROM THE FLORIDA
DEPARTMENT OF STATE, THOUGH IT’S CULTURAL
FACILITIES PROGRAM; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
(SPONSORED BY THE CITY MANAGER)
QUASI-JUDICIAL ZONING HEARINGS:
(M) ORDINANCES ON FOR FIRST READING(S):
M-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING SECTION 34-287 OF
THE LAND DEVELOPMENT CODE TO ALLOW THE
WHOLESALE OF FIREWORKS AS A PERMITTED USE;
PROHIBITING RETAIL SALE OF FIREWORKS; ALLOWING
THE RETAIL SALE OF SPARKLERS AS A PERMITTED USE;
AMENDING 34-288 TO ESTABLISH ADDITIONAL
REQUIREMENTS FOR THE WHOLESALE OF FIREWORKS
AND RETAIL SALE OF SPARKLERS; AMENDING SECTION 34-
733 ENTITLED “MASTER USE LIST AND DEFINITIONS”;
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN
CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY
THE CITY MANAGER)
(N) ORDINANCES ON FOR SECOND READING/PUBLIC HEARING(S)
None
(O) RESOLUTION(S)/PUBLIC HEARING(S)
None
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May 13, 2015 Page 6
(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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18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
May 13, 2015 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:
General Fund
Advertising Requirement:
(Enter X in box)
Yes No
x
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:
X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
N/A X
Sponsor Name
Erhabor Ighodaro,
Council Member
Department:
City Manager
Office of the Mayor/Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, CO-DESIGNATING NW 167TH TERRACE FROM
NW 29TH AVENUE TO NW 32ND AVENUE AS “EMMANUEL
BOULEVARD”; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
The City amended its Land Development regulations to amend the criteria required when the City
Council considers whether to rename or co-designate a street or to recommend to the state, county or
federal government that a street be renamed or co-designated. Section 34-233 (b) (8) states, “In order
for a resolution renaming or co-designating a street with a person’s name to be approved, the
unanimous vote of the city council shall be required”.
Item J-1) Public Hearing
Resolution
"Emmanuel Boulevard"
Page 7 of 116
18605 NW 27th Avenue
Miami Gardens, Florida 33056
Councilman Ighodaro wishes to co-designate NW 167th Terrace between NW 29th Avenue to NW 32nd
Avenue “3001 NW Emmanuel Boulevard”.
That portion of NW 167th Terrace from NW 29th Avenue to 32nd Avenue is a city street located in the City
of Miami Gardens.
Iglesia de Avivamiento, Emmanuel Church, located at 3001 NW 167th Terrace, Miami Gardens, has been
in this community for over 48 years. The church has grown to the point that it extends from NW 29th
Avenue to NW 32nd Avenue.
Iglesia de Avivamiento, Emmanuel Church has significant history in this particular neighborhood due to
the exemplary humanitarian services it provides to the community. Currently the church has three
schools: Emmanuel Kindergarten and Day Care Center, Emmanuel Elementary and Emmanuel High
School where many of the neighborhood children attended all the way through high school. The church
also provides a shelter for the homeless and a program for men who were struggling with substance
abuse. The church has helped hundreds of men get jobs and integrate back into society.
Furthermore, Iglesia de Avivamiento, Emmanuel Church provides families in need of domestic violence
counseling. There is also a pro-life ministry, as well as counseling for youth. There is a Royal Rangers
Program for young boys and Missionettes program for young girls.
Proposed Action:
In accordance with Section 34-233 of the City’s Code of Ordinances, Councilman Ighodaro is asking the
City Council to approve this resolution co-designating that portion of NW 167th Terrace between NW
29th Avenue and 32nd Avenue as: “3001 NW Emmanuel Boulevard”
Attachment(s)
Attachment (A) – Section 34-233 of the City of Miami Gardens Land Development Code
Entitled “Alternatives to renaming streets
Page 8 of 116
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, CO-DESIGNATING NW 167TH 4
TERRACE FROM NW 29TH AVENUE TO NW 32ND AVENUE AS 5
“EMMANUEL BOULEVARD”; PROVIDING FOR THE ADOPTION 6
OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE 7
DATE. 8
9
WHEREAS, Iglesia de Avivamiento, Emmanuel Church, located at 3001 NW 10
167th Terrace has served the Miami Gardens community for over 48 years, and 11
WHEREAS, Emmanuel Church operates a day care, and elementary and high 12
schools, and 13
WHEREAS, Emmanuel Church also provides shelter to the homeless, and 14
operates a program for men struggling with substance abuse addiction, and 15
WHEREAS, Emmanuel Church also operates the Royal Rangers program for 16
young boys and the Missionettes program for young girls, and 17
WHEREAS, Councilman Erhabor Ighodaro recommends that the City Council co-18
designate NW 167th Terrace from NW 29th Avenue to NW 32nd Avenue as “Emmanuel 19
Boulevard”, 20
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 21
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 22
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 23
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 24
made a specific part of this Resolution. 25
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 26
hereby codesignates NW 167th Terrace from NW 29th Avenue to NW 32nd Avenue as 27
“3001 NW Emmanuel Boulevard”. 28
Page 9 of 116
2
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 29
upon its final passage. 30
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 31
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 32
33
___________________________________ 34
OLIVER GILBERT, III, MAYOR 35
ATTEST: 36
37
38
__________________________________ 39
RONETTA TAYLOR, MMC, CITY CLERK 40
41
42
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 43
44
45
SPONSORED BY: COUNCILMAN ERHABOR IGHODARO, PH.D. 46
47
Moved by: __________________ 48
49
VOTE: _________ 50
51
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 52
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 53
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 54
Councilman David Williams Jr ____ (Yes) ____ (No) 55
Councilwoman Lisa Davis ____ (Yes) ____ (No) 56
Councilman Rodney Harris ____ (Yes) ____ (No) 57
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 58
59
60
61
Page 10 of 116
Page 1
Sec. 34-233. - Alternatives to renaming streets.
(a) The city council shall consider three alternatives to renaming or codesignating streets as follows:
(1) Marker, by which a plaque or sign bearing a designation shall be mounted separately on a
stone or post in the right-of-way.
(2) Plaza, by which only the intersection of two streets shall be designated. The designation shall
be mounted on the post under the street signs at the intersection.
(3) Codesignation, by which a numbered street shall receive an additional designation over the
numbered street designation on the street signs. the police department and department of fire-
rescue and United States Postal Service shall be notified of codesignation.
(b) Procedure to rename or codesignate streets. The city council may, by resolution adopted after a
public hearing, name, rename or co-designate any city road, street or public way. The following
criteria shall be considered for street codesignation:
(1) Named or numbered streets shall not be so renamed or codesignated in a manner that will be
confused with or duplicate the names of existing streets.
(2) Named streets, e.g., as in Honeyhill Drive, N.W. 199 Street, shall not be changed where there is
an historical tradition attached to the existing name. Miami Gardens Drive, N.W. 183rd Street
shall not be renamed or codesignated.
(3) Named streets shall not be codesignated because of the resulting confusion.
(4) Numbered streets shall not be codesignated for merely commercial purposes.
(5) Numbered streets shall only be codesignated if there is significant historical, neighborhood or
community benefit to the codesignation.
(6) Numbered street codesignations shall not exceed five blocks in length.
(7) There shall be a hiatus at least five blocks in length between consecutive codesignations in
numbered streets.
(8) In order for a resolution renaming or codesignating a street with a person's name to be
approved, the unanimous vote of the city council shall be required.
(9) Persons whose names are considered for the renaming or codesignation of a street shall meet
the following criteria:
a. Such persons must have demonstrated extraordinary service to the city and its residents;
or
b. Such persons shall have brought exceptional credit or recognition to the city and its
residents; or
c. Such persons shall be of significant prominence nationally or internationally.
(10) Only the mayor and members of the city council may sponsor a resolution for the renaming or
codesignation of a street.
(11) Block numbers shall be added to any new street signs that reflect codesignations, markers or
plazas.
(12) City council must approve a resolution for renaming or codesignation of streets. This resolution
must be submitted to the county's traffic engineer division for final approval and sent to the
county's public works department for fabrication and installation. The county commission will
need to approve the sign prior to installation. A county fee will be charged to provide and install
the signs.
(c) The criteria outlined above shall also apply when the city council considers whether to recommend
the renaming or codesignation of county, state or federal streets.
Page 11 of 116
Page 2
(d) Upon adoption of a resolution naming, renaming or co-designating any city road, street or public
way, the city clerk shall provide a certified copy of the adopted resolution to the city's planning and
zoning department, building department, public works department, the police department, and the
United States Postal Service. Additionally, the city clerk shall publish notice of any street name
change in a newspaper of general circulation within the city in substantially the following form:
NOTICE OF STREET NAME CHANGE
Public notice is hereby given that the City Council of the City of Miami Gardens, Florida has enacted
a resolution changing the name of ____________/____________/____________ to
____________/____________/____________. This name change is effective immediately and has
been duly recorded with the United States Postal Service.
(e) Expenses.
(1) All expenses on the part of the city or any other governmental agency resulting from requests
for street codesignations, markers or plazas shall be borne by the applicant.
(2) Initial expenses include, but are not limited to, newspaper advertising, posting of notification
placards, and postal correspondence to the applicant. Upon approval by the city council of a
request for street codesignation or a marker or a plaza, the applicant shall pay all additional
expenses related to the permits, manufacture and installation of the appropriate signs and
related appurtenances. A nonrefundable deposit in the amount determined by the director of
public works toward the initial expenses outlined in this section shall accompany any request for
a street codesignation or for a designation of a marker or a plaza.
(f) Schedule of fees. Any request for a street codesignation or for a designation of a marker or a plaza
shall also be accompanied by an application fee in the amount set forth in the city's fee schedule.
(Ord. No. 2010-10-218, § 2(7-250), 4-7-2010; Ord. No. 2012-10-283, § 2, 7-25-2012)
Page 12 of 116
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
May 13, 2015 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:
(Enter Fund & Dept)
N/A
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
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image X
Communcation
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
X
Sponsor Name
Oliver Gilbert III,
Mayor
Department:Office of the Mayor/City Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING THE CREATION OF A BUSINESS
INCUBATOR IN THE CITY OF MIAMI GARDENS; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE
DATE.
Staff Summary:
Business incubators are organizations geared toward accelerating the growth and success of startup and
early-stage companies. In recent years, incubators have seen an upswing in popularity and played a
pivotal role in launching companies that are now household names; AirBnB, Dropbox and Reddit were all
launched after participating in business incubators.
To bring this valuable business resource to the City of Miami Gardens, the Mayor proposes the creation
of a business incubator in the City of Miami Gardens. The incubator will be located at
Item K-1) Consent Agenda
Resolution
Business Incubator Creation
Page 13 of 116
18605 NW 27th Avenue
Miami Gardens, Florida 33056
1020 Northwest 163rd Drive in Miami Gardens which currently functions as the City’s Police
Department. Upon the Police Department’s relocation to the City’s municipal complex, a portion of the
space will be used for the creation of a business incubator.
Through this business incubator, Miami Gardens Residents will receive free business development
consultations, attendance preference for workshops and seminars, discounted co-working space fees,
free after school technology-based education, free monthly technology courses, and business related
mentoring.
This incubator will provide City of Miami Gardens Residents with concrete resources to become
successful entrepreneurs and small business owners. In turn, these newely minted entrepreneurs will
spur economic development in the City of Miami Gardens.
Proposed Action:
It is recommended that the City Manager take all necessary steps to create a business incubator in the
City of Miami Gardens.
Attachment:
No.
Page 14 of 116
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CREATION OF 4
A BUSINESS INCUBATOR IN THE CITY OF MIAMI GARDENS; 5
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 6
PROVIDING FOR AN EFFECTIVE DATE. 7
8
WHEREAS, business incubators are organizations geared toward accelerating 9
the growth and success of startup and early-stage companies, and 10
WHEREAS, in recent years, incubators have seen an upswing in popularity and 11
played a pivotal role in launching companies that are now household names, and 12
WHEREAS, Mayor Oliver Gilbert proposes the creation of a business incubator 13
in the City of Miami Gardens, and 14
WHEREAS, the incubator will be located at 1020 Northwest 163rd Drive in Miami 15
Gardens which currently functions as the City’s Police Department, and 16
WHEREAS, through this business incubator, Miami Gardens Residents will 17
receive free business development consultations, attendance preference for workshops 18
and seminars, discounted co-working space fees, free after school technology-based 19
education, free monthly technology courses, and business related mentoring, and 20
WHEREAS, this incubator will provide City of Miami Gardens Residents with 21
concrete resources to become successful entrepreneurs and small business owners, 22
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 23
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 24
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 25
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 26
made a specific part of this Resolution. 27
Page 15 of 116
2
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 28
hereby authorizes the creation of a Business Incubator in the City of Miami Gardens 29
and directs the City Manager to take any steps necessary to create the program. 30
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 31
upon its final passage. 32
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 33
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 34
35
___________________________________ 36
OLIVER GILBERT, III, MAYOR 37
38
39
40
ATTEST: 41
42
43
__________________________________ 44
RONETTA TAYLOR, MMC, CITY CLERK 45
46
47
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 48
49
50
SPONSORED BY: MAYOR OLIVER GILBERT, III 51
52
Moved by: __________________ 53
54
VOTE: _________ 55
56
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 57
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 58
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 59
Councilman David Williams Jr ____ (Yes) ____ (No) 60
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 61
Councilman Rodney Harris ____ (Yes) ____ (No) 62
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 63
64
Page 16 of 116
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
May 13, 2015 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:
(Enter Fund & Dept)
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
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image X
Communcation
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
X
Sponsor Name
Oliver Gilbert III,
Mayor
Department:Office of the Mayor/City Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, AUTHORIZING THE CITY MANAGER TO TAKE ALL NECESSARY
STEPS TO LOCATE FUNDING TO CONSTRUCT AN ARTS AND CULTURAL
CENTER IN THE CITY OF MIAMI GARDENS; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE
DATE.
Staff Summary:
To enhance the cultural offerings in the City of Miami Gardens, the Mayor proposes the creation of the
Miami Gardens Arts and Cultural Center. This facility will contain approximately 900 – 1500 seats and
offer facilities and programming aimed at promoting performing and visual arts in the City of Miami
Gardens.
Item K-2) Consent Agenda
Resolution
Arts and Cultural Center
Page 17 of 116
18605 NW 27th Avenue
Miami Gardens, Florida 33056
Similar to cultural facilities in Aventura and Miramar, the City of Miami Gardens’ Arts and Cultural
Center will create a hub of artistic activity in the City. The Miami Gardens Arts and
Cultural Center will be located near the City’s municipal complex, on the three acres retained for City
use. This location will also house the City’s Culinary Arts campus funded through the general obligation
bond. When taken together, the addition of the Miami Gardens Arts and Cultural Center into this space
will create a unique area where residents are able to enjoy visual, performing and culinary arts while
being a stone’s throw away from their City administrators, police officers, and elected officials.
The creation of an artistic venue, like this one, has been supported by a meaningful number of
organizations in the Miami Gardens community and beyond. Therefore, the Mayor authorizes the City
Manager to identify and pursue diverse funding streams to construct an Arts and Cultural Center in the
City of Miami Gardens. These funds may be obtained from the general fund, general obligation bond
proceeds and/or grant funds.
The construction of the Miami Gardens Arts and Cultural Center will enhance resident quality of life and
enrich the cultural offerings in the City of Miami Gardens.
Proposed Action:
It is recommended the City Manager take all necessary steps to provide funding toward the completion
of the Miami Gardens Arts and Cultural Center.
Attachment:
No.
Page 18 of 116
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI 3
GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO TAKE 4
ALL NECESSARY STEPS TO LOCATE FUNDING TO CONSTRUCT AN 5
ARTS AND CULTURAL CENTER IN THE CITY OF MIAMI GARDENS; 6
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 7
PROVIDING FOR AN EFFECTIVE DATE. 8
9
WHEREAS, to enhance the cultural offerings in the City of Miami Gardens, the 10
Mayor proposes the creation of the Miami Gardens Arts and Cultural Center, and 11
WHEREAS, the City of Miami Gardens’ Arts and Cultural Center will create a hub 12
of artistic activity in the City, and 13
WHEREAS, this facility will offer programming aimed at promoting performing 14
and visual arts, and 15
WHEREAS, the City of Miami Gardens Arts and Cultural Center will be located 16
near the City’s municipal complex and this will create a unique area where residents are 17
able to enjoy visual, performing and culinary arts, and 18
WHEREAS, this location will also house the City’s Culinary Arts campus funded 19
through the General Obligation Bond, and 20
WHEREAS, the construction of the Miami Gardens Arts and Cultural Center will 21
enhance resident quality of life and enrich the cultural offerings in the City of Miami 22
Gardens, and 23
WHEREAS, this Resolution authorizes the City Manager to identify and pursue 24
diverse funding streams to construct an Arts and Cultural Center in the City of Miami 25
Gardens, 26
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 27
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 28
Page 19 of 116
2
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 29
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 30
made a specific part of this Resolution. 31
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 32
hereby authorizes the City Manager to locate funding to construct an Arts and Cultural 33
Center in the City of Miami Gardens. 34
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 35
upon its final passage. 36
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 37
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 38
39
___________________________________ 40
OLIVER GILBERT, III, MAYOR 41
42
43
44
ATTEST: 45
46
47
__________________________________ 48
RONETTA TAYLOR, MMC, CITY CLERK 49
50
51
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 52
53
54
SPONSORED BY: MAYOR OLIVER GILBERT, III 55
56
57
Moved by: __________________ 58
59
VOTE: _________ 60
61
62
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 63
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 64
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 65
Page 20 of 116
3
Councilman David Williams Jr ____ (Yes) ____ (No) 66
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 67
Councilman Rodney Harris ____ (Yes) ____ (No) 68
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 69
70
Page 21 of 116
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
May 13, 2015 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:
Special Event 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
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communcation
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
X
Sponsor Name
Oliver Gilbert III,
Mayor
Department:Office of the Mayor/City Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, SUPPORTING THE CIRCLE OF MOTHERS
RETREAT TO BE HELD ON MAY 22, 2015 THROUGH MAY 24, 2015;
AUTHORIZING A SPONSORSHIP OF THE EVENT IN THE AMOUNT
THREE THOUSAND DOLLARS ($3,000.00) FROM THE CITY
MANAGER’S SPECIAL EVENT FUND; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE
DATE.
Staff Summary:
The Trayvon Martin Foundation has created a “Circle of Mothers” program that will assemble mothers,
May 22-24,2015, who have lost children or family members to senseless gun violence. The program is a
developmental and educational initiative that brings together a multicultural and intergenerational mix
of women. The goal of the Circle of Mothers is to build a mother’s capacity and facilitate the
strengthening of mothers in our communities.
Item K-3) Consent Agenda
Resolution
Circle of Mothers Retreat
Page 22 of 116
18605 NW 27th Avenue
Miami Gardens, Florida 33056
Proposed Action:
It is being recommended by Mayor Oliver Gilbert to provide a sponsorship in the amount of Three
Thousand Dollars ($3,000.00) from Account No. 01-12-01-512-492-00 of the Special Event fund in order
to ensure the success of the event.
Attachment:
No.
Page 23 of 116
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, SUPPORTING THE CIRCLE OF 4
MOTHERS RETREAT TO BE HELD ON MAY 22, 2015 THROUGH 5
MAY 24, 2015; AUTHORIZING A SPONSORSHIP OF THE EVENT 6
IN THE AMOUNT THREE THOUSAND DOLLARS ($3,000.00) 7
FROM THE CITY MANAGER’S SPECIAL EVENT FUND; 8
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 9
PROVIDING FOR AN EFFECTIVE DATE. 10
11
WHEREAS, the Trayvon Martin Foundation has created a “Circle of Mothers” 12
program that assembles mothers who have lost children or family members to 13
senseless gun violence, and 14
WHEREAS, the Circle of Mothers initiative is a developmental and educational 15
initiative that brings together a multicultural and intergenerational mix of women. 16
WHEREAS, the goal of the Circle of Mothers is to build a mother’s capacity and 17
facilitate the strengthening of mothers in our communities, and 18
WHEREAS, it is being recommended by Mayor Oliver Gilbert to provide a 19
sponsorship in the amount of Three Thousand Dollars ($3,000.00) from Account No. 01-20
12-01-512-492-00 of the Special Event fund in order to ensure the success of the event, 21
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 22
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 23
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 24
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 25
made a specific part of this Resolution. 26
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 27
hereby supports the Circle of Mothers Retreat to be held on May 22, 2015 through May 28
24, 2015. The City Council further authorizes a sponsorship of the event in the amount 29
Three Thousand Dollars ($3,000.00) from the City Manager’s Special Event fund. 30
Page 24 of 116
2
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 31
upon its final passage. 32
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 33
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 34
35
_____________________________________ 36
OLIVER GILBERT, III, MAYOR 37
38
39
40
ATTEST: 41
42
43
__________________________________ 44
RONETTA TAYLOR, MMC, CITY CLERK 45
46
47
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 48
49
50
SPONSORED BY: MAYOR OLIVER GILBERT, III 51
52
Moved by: __________________ 53
54
VOTE: _________ 55
56
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 57
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 58
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 59
Councilman David Williams Jr ____ (Yes) ____ (No) 60
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 61
Councilman Rodney Harris ____ (Yes) ____ (No) 62
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 63
64
Page 25 of 116
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
May 13, 2015 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:
Special Events in
the amount of
$500.00
Advertising Requirement:
(Enter X in box)
Yes No
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:
X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
N/A X
Sponsor Name
Felicia Robinson,
Vice Mayor
Department:
City Manager
Office of the Mayor/City Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, SUPPORTING A TEACHER APPRECIATION
BRUNCH FOR EDUCATORS AT CAROL CITY MIDDLE AND CAROL
CITY HIGH SCHOOLS, RESPECTIVELY; AUTHORIZING A
SPONSORSHIP OF THE EVENT, IN THE AMOUNT OF FIVE HUNDRED
DOLLARS ($500.00), FROM THE SPECIAL EVENTS FUND FOR THIS
PURPOSE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Item K-4) Consent Agenda
Resolution
Teacher Appreciation Brunch
Page 26 of 116
18605 NW 27th Avenue
Miami Gardens, Florida 33056
In 1953, Eleanor Roosevelt persuaded Congress to proclaim National Teacher Day. This year, National
Teacher Day was celebrated on May 5th. Teacher Appreciation Week is celebrated annually, during the
first week of May.
The National Education Association (NEA) describes National Teacher Day as “a day of honoring teachers
and recognizing the lasting contributions they make to our lives”.
As an educator, Vice Mayor Felicia Robinson recognizes the invaluable contributions and positive
influence, dedications teachers make ensuring that our youth are empowered with the necessary
educational skills to succeed.
In recognition and celebration of Teacher Appreciation Week, Vice Mayor Robinson is hosting a brunch
to honor educators at Carol City Middle and Carol City High, respectively. Vice Mayor Robinson is
requesting an allocation of Five Hundred Dollars ($500.00) from the Special Events Fund, for this
purpose.
Fiscal Impact
The funding of this request is derived from the City Manager’s special event account. After the above
allocation, the remaining funding will be $10,792.58.
Proposed Action:
That the Council approves the attached resolution.
Attachment:
Page 27 of 116
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, SUPPORTING A TEACHER 4
APPECIATION BRUNCH FOR EDUCATORS AT CAROL CITY 5
MIDDLE AND CAROL CITY HIGH SCHOOLS, RESPECTIVELY; 6
AUTHORIZING A SPONSORSHIP OF THE EVENT, IN THE 7
AMOUNT OF FIVE HUNDRED DOLLARS ($500.00), FROM THE 8
SPECIAL EVENTS FUND FOR THIS PURPOSE; PROVIDING 9
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING 10
FOR AN EFFECTIVE DATE. 11
12
WHEREAS, in 1953, Eleanor Roosevelt persuaded Congress to proclaim 13
National Teacher Day, and 14
WHEREAS, each year, National Teacher Appreciation Week is celebrated during 15
the first week of May, and 16
WHEREAS, as an educator, Vice Mayor Felicia Robinson recognizes the 17
contributions made by teachers to ensure that students obtain the necessary 18
educational skills to succeed, and 19
WHEREAS, Vice Mayor Robinson is hosting a brunch to honor educators at 20
Carol City Middle and Carol City High, respectively, and 21
WHEREAS, Vice Mayor Robinson is requesting an allocation of Five Hundred 22
Dollars ($500.00) from the Special Events Fund, for this purpose, 23
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 24
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 25
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 26
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 27
made a specific part of this Resolution. 28
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 29
hereby supports a Teacher Appreciation Brunch for educators at Carol City Middle and 30
Page 28 of 116
2
Carol City High Schools, respectively; and authorizes a sponsorship In the amount of 31
Five Hundred Dollars ($500.00). 32
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 33
upon its final passage. 34
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 35
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 36
37
___________________________________ 38
OLIVER GILBERT, III, MAYOR 39
40
41
ATTEST: 42
43
44
__________________________________ 45
RONETTA TAYLOR, MMC, CITY CLERK 46
47
48
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 49
50
51
SPONSORED BY: VICE MAYOR FELICIA ROBINSON 52
53
Moved by: __________________ 54
55
VOTE: _________ 56
57
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 58
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 59
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 60
Councilman David Williams Jr ____ (Yes) ____ (No) 61
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 62
Councilman Rodney Harris ____ (Yes) ____ (No) 63
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 64
65
Page 29 of 116
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
May 13, 2015 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:
“Special Events
Account” 01-12-01-
512-492, in the
amount of
$1,000.00
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
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communcation
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
N/A X
Sponsor Name
Felicia Robinson,
Vice Mayor
Department:Office of the Mayor/City Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, SUPPORTING VICE MAYOR FELICIA
ROBINSONS’ ANNUAL MOTHER’S DAY LUNCHEON EVENT;
AUTHORIZING A SPONSORSHIP OF THE EVENT IN THE AMOUNT
ONE THOUSAND DOLLARS ($1,000.00) FROM “SPECIAL EVENTS”
ACCOUNT; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Each year in recognition of Mother’s Day, Vice Mayor Felicia Robinson co-sponsors a Mother’s Day
Luncheon at the Betty T. Ferguson Recreation Complex.
Item K-5) Consent Agenda
Resolution
Annual Mother's Day Luncheon
Page 30 of 116
18605 NW 27th Avenue
Miami Gardens, Florida 33056
Vice Mayor Robinson continues that tradition and will be acknowledging mothers, at Tuesday, May 5,
2015. To ensure the success of this event and to cover expenses Vice Mayor Robinson utilized funds
from Account No. 01-11-01-511-494. She is requesting reimbursement of funds from the City Manager’s
“Special Events” Account.
Fiscal Impact
The funding of this request is derived from the City Manager’s special event account. After the above
allocation, the remaining funding will be $9,792.58.
Proposed Action:
That the City Council approve the attached Resolution reimbursing Account No. 01-12-01-512-492-00
from the City Manager’s Special Events Account.
Attachment:
Page 31 of 116
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, SUPPORTING THE ANNUAL 4
MOTHER’S DAY LUNCHEON AT THE BETTY T. FERGUSON 5
RECREATIONAL COMPLEX; AUTHORIZING A SPONSORSHIP 6
OF THE EVENT, IN THE AMOUNT ONE THOUSAND DOLLARS 7
($1000.00), FROM THE SPECIAL EVENTS FUND FOR THIS 8
PURPOSE; PROVIDING FOR NUNC PRO TUNC EFFECT; 9
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 10
PROVIDING FOR AN EFFECTIVE DATE. 11
12
WHEREAS, Vice Mayor Felicia Robinson continues the tradition of honoring 13
mothers at an annual luncheon at the Betty T. Ferguson Recreational Complex, and 14
WHEREAS, the Mother’s Day luncheon was held at on May 5, 2015, and 15
WHEREAS, Vice Mayor Felicia Robinson recommends that the City Council 16
support the annual Mother’s Day luncheon, and 17
WHEREAS, in order to ensure the success of the event, Vice Mayor Robinson 18
provided a sponsorship in the amount of $1,000.00 from Account No. 01-11-01-511-49, 19
and is requesting a reimbursement of the expenditure from the Special Events Fund, 20
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 21
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 22
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 23
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 24
made a specific part of this Resolution. 25
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 26
hereby supports the Annual Mother’s Day Luncheon; and further authorizes a 27
sponsorship of the event, in the amount One Thousand Dollars ($1000.00), from the 28
Special Events Fund for this purpose. 29
Section 3: NUNC PRO TUNC EFFECT: This Resolution shall be effective 30
as of May 5, 2015. 31
Page 32 of 116
2
Section 4: EFFECTIVE DATE: This Resolution shall take effect immediately 32
upon its final passage. 33
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 34
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 35
36
___________________________________ 37
OLIVER GILBERT, III, MAYOR 38
39
40
41
ATTEST: 42
43
44
__________________________________ 45
RONETTA TAYLOR, MMC, CITY CLERK 46
47
48
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 49
50
51
SPONSORED BY: VICE MAYOR FELICIA ROBINSON 52
53
Moved by: __________________ 54
55
VOTE: _________ 56
57
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 58
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 59
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 60
Councilman David Williams Jr ____ (Yes) ____ (No) 61
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 62
Councilman Rodney Harris ____ (Yes) ____ (No) 63
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 64
65
66
67
Page 33 of 116
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
May 13, 2015 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:
Advertising Requirement:
(Enter X in box)
Yes No
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:
X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
N/A X
Sponsor Name
Lisa C. Davis.
Councilwoman
Department:
City Manager
Office of the Mayor/City Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, SUPPORTING MEDICAID EXPANSION OF THE AFFORDABLE
CARE ACT AND URGING THE FLORIDA LEGISLATURE TO PASS
LEGISLATION EXPANDING MEDICAID IN FLORIDA; PROVIDING FOR THE
ADOPTION OF REPRESENTATION; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Councilwoman Lisa C. Davis understands the importance of supporting Medicaid expansion in Florida
pursuant to the Patient Protection and Affordable Act of 2010.
Medicaid expansion would provide nearly one million Florida residents access to preventive and
therapeutic health care services, improving health outcomes. Expanding Medicaid in Florida under the
Item K-6) Consent Agenda
Resolution
Support of Medicaid Expansion/
Affordable Care Act
Page 34 of 116
18605 NW 27th Avenue
Miami Gardens, Florida 33056
Affordable Care Act is made all the more important by the fact that medical care providers will
experience significant payment reductions from Medicare and Medicaid over the next several years
because of federal reductions in the Disproportionate Share Hospital Program and Low-Income Pool
Program.
The financial impact of not expanding would be felt at many Miami-Dade hospitals. Surrounding
hospitals, including Jackson Health Systems, University of Miami, Mount Sinai Medical Center and
Children’s hospital, which services our residents’ could lose several million dollars a combined $200
million a year in federal funding. If Medicaid is expanded, Florida would receive approximately $5.2
billion in federal funding. Florida is a donor state to the federal government that sends more money in
tax revenue than it receives in benefits.
The 111th United States Congress passed the Patient Protection and Affordable Care Act of 2010
(“Affordable Care Act”) and on March 23, 2010, the President signed the bill into law. One of the key
components of the Affordable Care Act required states to expand Medicaid to the minimum national
eligibility threshold of 138 percent of the federal poverty level effective January 1, 2014. This provision,
however, was not upheld by the United States Supreme Court, in effect allowing states the option of
whether or not to expand Medicaid.
Under the Affordable Care Act, the federal government initially funds Medicaid expansion at 100
percent for the first three years. In Florida and other states, Medicaid had gaps in coverage for adults
because eligibility was restricted to specific categories of low-income individuals, such as children,
pregnant women, the elderly or individuals with disabilities. In most states, including Florida, adults
without dependent children were ineligible for Medicaid, regardless of their income, and income limits
for parents were very low – often below half the poverty level.
Enacting Medicaid expansion in Florida would fill the gap left by the United States Supreme Court ruling
and ensure access to improved medical care benefits for many hard-working Floridians, including
veterans, students and working parents who are not otherwise eligible for Medicaid or insurance
through the Affordable Care Act.
Proposed Action:
That the Council approve the attached resolution supporting Medicaid expansion to the Affordable Care
Act and urges the Florida Legislature to pass legislation expanding Medicaid in Florida.
Attachment:
Page 35 of 116
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, SUPPORTING MEDICAID 4
EXPANSION OF THE AFFORDABLE CARE ACT AND URGING 5
THE FLORIDA LEGISLATURE TO PASS LEGISLATION 6
EXPANDING MEDICAID IN FLORIDA; PROVIDING FOR THE 7
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 8
EFFECTIVE DATE. 9
10
WHEREAS, the 111th United States Congress passed the Patient Protection and 11
Affordable Care Act of 2010 (“Affordable Care Act”) and on March 23, 2010, the 12
President signed the Bill into law, and 13
WHEREAS, the key components of the Affordable Care Act require each State to 14
expand Medicaid to the minimum national eligibility threshold of 138 percent of the 15
federal poverty level effective January 1, 2014, and 16
WHEREAS, expanding Medicaid in Florida under the Affordable Care Act is 17
made all the more important by the fact that medical care providers will experience 18
significant payment reductions from Medicare and Medicaid, and 19
WHEREAS, Medicaid expansion would provide nearly one million Florida 20
residents access to preventive and therapeutic health care services, and 21
WHEREAS, the financial impact of not expanding would affect many Miami-Dade 22
hospitals, including Jackson Health Systems, University of Miami, Mount Sinai Medical 23
Center and Children’s hospital, which services our residents, and 24
WHEREAS, these facilities could lose several million dollars a combined Two 25
Hundred Million Dollars a year in federal funding, and 26
WHEREAS, if Medicaid is expanded, Florida would receive approximately 5.2 27
Billion Dollars in federal funding, and 28
WHEREAS, enacting Medicaid expansion in Florida would fill the gap left by the 29
United States Supreme Court ruling, and ensure access to improved medical care 30
Page 36 of 116
2
benefits for many hard-working Floridians including veterans, students and working 31
parents who are not otherwise eligible for Medicaid or insurance through the Affordable 32
Care Act, and 33
WHEREAS, Councilwoman Lisa C. Davis recommends that the City Council 34
gives its support to the Medicaid expansion in Florida pursuant to the Patient Protection 35
and Affordable Act of 2010, 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: AUTHORIZATION: The City Council of the City of Miami Gardens 42
hereby supports Medicaid Expansion of the Affordable Care Act and urges the Florida 43
Legislature to pass legislation expanding Medicaid in Florida. 44
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 45
upon its final passage. 46
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 47
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 48
49
___________________________________ 50
OLIVER GILBERT, III, MAYOR 51
52
53
ATTEST: 54
55
56
__________________________________ 57
RONETTA TAYLOR, MMC, CITY CLERK 58
59
Page 37 of 116
3
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 60
61
SPONSORED BY: COUNCILWOMAN LISA C. DAVIS 62
63
Moved by: __________________ 64
65
VOTE: _________ 66
67
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 68
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 69
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 70
Councilman David Williams Jr ____ (Yes) ____ (No) 71
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 72
Councilman Rodney Harris ____ (Yes) ____ (No) 73
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 74
75
Page 38 of 116
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
May 13, 2015 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
Public Hearing:
(Enter X in box)
Yes No Yes No
Funding Source:
Advertising Requirement:
(Enter X in box)
Yes No
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:
X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)N/A X
Sponsor Name
Erhabor Ighodaro,
Councilman Department:
City Manager
Office of the Mayor/City Council
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, AUTHORIZING THE CITY TO PARTNER WITH THE EDO
ASSOCIATION OF FLORIDA INC. TO HOST A FOURTH OF JULY EVENT IN
THE CITY OF MIAMI GARDENS; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Councilman Ighodaro wishes to partner with Edo Association of Florida, Inc., on the Fourth of July
Celebration, scheduled for July 4, 2015, at Betty T. Ferguson Recreation Complex. This is a free event
Item K-7) Consent Agenda
Resolution
Partnership w/ Edo Association
Page 39 of 116
18605 NW 27th Avenue
Miami Gardens, Florida 33056
opened to the public. Food, entertainment and activities for children are being provided by Edo
Association of Florida, Inc.
Background on Organization:
Edo Association of Florida, Inc., is a non-profit, 501 C (3 ) organization open to all Edos in the entire state
of Florida, U.S.A. who share a common commitment to the goals and objectives of the Association. The
organization’s objectives are noble and worthy of their distinguished membership. The organization
promotes culture and social values, in conjunction with other Nigerian and African cultures. They
cooperate with other Nigerians in the attempt to promote the GOOD IMAGE of Nigeria both at home
and abroad. They organize social and cultural activities in accordance with the laws of the state of
Florida and the United States of America.
For over twenty years Edo Association of South Florida has sponsored annual 4th of July commemorative
events at various parks in our South Florida community. This organization has partnered with
Commissioner Barbara Jordan to organize a community clean up event. In addition Edo Association of
South Florida sponsored a Miami Carol City Senior High School student exchange program with various
countries in clean up Africa and has planned as part of this year’s event a book bat giveaway for children
of veterans of the US armed forces.
Proposed Action:
That the Council approves the attached resolution.
Attachment:
Page 40 of 116
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY TO 4
PARTNER WITH THE EDO ASSOCIATION OF FLORIDA, INC. TO 5
HOST A FOURTH OF JULY EVENT IN THE CITY OF MIAMI 6
GARDENS; PROVIDING FOR THE ADOPTION OF 7
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 8
9
WHEREAS, Councilman Ighodaro wishes to partner with the Edo Association of 10
Florida, Inc., on the Fourth of July Celebration, scheduled for July 4, 2015, at Betty T. 11
Ferguson Recreation Complex, and 12
WHEREAS, the event will be free and open to the public, and 13
WHEREAS, food, entertainment and activities for children are being provided by 14
Edo Association of Florida, Inc., and 15
WHEREAS, the Edo Association of Florida, Inc., is a non-profit, 501(C)(3) 16
organization open that promotes culture and social values, in conjunction with other 17
Nigerian and African cultures, and 18
WHEREAS, the organization cooperates with other Nigerians in the attempt to 19
promote the good image of Nigeria both at home and abroad, and EDO’s organize 20
social and cultural activities in accordance with the laws of the state of Florida and the 21
United States of America, and 22
WHEREAS, for over twenty years, the Edo Association of South Florida, Inc. has 23
sponsored annual Fourth of July commemorative events at various parks in the South 24
Florida community, and 25
WHEREAS, the EDO Association of South Florida, Inc., has planned as part of 26
this year’s event a book bag giveaway for children of veterans of the US armed forces, 27
28
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 29
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 30
Page 41 of 116
2
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 31
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 32
made a specific part of this Resolution. 33
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 34
hereby authorizes the City to partner with the EDO Association of Florida, Inc. for the 35
hosting of a Fourth of July event in the City of Miami Gardens. 36
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 37
upon its final passage. 38
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 39
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 40
41
___________________________________ 42
OLIVER GILBERT, III, MAYOR 43
44
45
46
ATTEST: 47
48
49
__________________________________ 50
RONETTA TAYLOR, MMC, CITY CLERK 51
52
53
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 54
55
56
SPONSORED BY: COUNCILMAN ERHABOR IGHODARO, PH.D. 57
58
Moved by: __________________ 59
60
VOTE: _________ 61
62
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 63
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 64
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 65
Councilman David Williams Jr ____ (Yes) ____ (No) 66
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 67
Page 42 of 116
3
Councilman Rodney Harris ____ (Yes) ____ (No) 68
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 69
70
71
Page 43 of 116
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
May 13, 2015 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:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:
N/A X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
N/A X
Sponsor Name
Sonja Dickens,
City Attorney
Department:Office of the City Attorney
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING THE CITY ATTORNEY TO
NEGOTIATE AND EXECUTE A JOINT INTEREST AGREEMENT WITH
AMERICAN TRAFFIC SOLUTIONS (ATS), XEROX STATE & LOCAL
SOLUTIONS, INC. (“XEROX”), GATSO USA INC. (“GATSO”), AND
VARIOUS MUNICIPALITIES, IN THE MATTER OF CHRISTOPHER L.
PARKER ET AL. V. AMERICAN TRAFFIC SOLUTIONS, INC. ET AL,;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
The City of Miami Gardens, American Traffic Solutions (“ATS”), Xerox State & Local Solutions, Inc.
(“Xerox”), Gatso USA Inc. (“Gatso”), and other municipalities have been named as Defendants in a
Item K-8) Consent Agenda
Resolution
Christopher L. Parker, et al. V.
American Traffic Solutions, Inc. et al.
Page 44 of 116
18605 NW 27th Avenue
Miami Gardens, Florida 33056
federal class action lawsuit in the matter of Parker vs. American Traffic Solutions, Inc. et al. The lawsuit
is based on the recent decision of the Fourth District Court of Appeals, in the matter of City of Hollywood
v. Arem. In Arem, the Court ruled that Florida law does not grant a local government the authority to
allow third party vendors, such as ATS, the unfettered discretion to determine what constitutes a red
light camera violation.
On November 12, 2014, the City Council adopted Resolution No. 2014-205-2184, which authorized the
City Attorney to negotiate and execute a Joint Litigation Agreement with ATS. Pursuant to the terms of
the Joint Litigation Agreement, ATS will cover the cost of defense of Arem-based class action lawsuits.
ATS, Xerox, Gatso, and the other municipalities, which have been named as Defendants in the Parker
matter, desire to share information with each other on a confidential basis, and to cooperate in certain
joint defense efforts in connection with the Action, without waiving any applicable privilege or allowing
any confidential information to be disclosed to third parties. It is necessary to execute a Joint Interest
Agreement to formalize the expectations of each party, and to protect privileged and confidential work
product.
Proposed Action:
That the City Council adopts the attached Resolution.
Attachment:
None.
Page 45 of 116
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4
ATTORNEY TO NEGOTIATE AND EXECUTE A JOINT INTEREST 5
AGREEMENT WITH AMERICAN TRAFFIC SOLUTIONS (ATS), 6
XEROX STATE & LOCAL SOLUTIONS, INC. (XEROX), GATSO 7
USA INC. (GATSO), AND VARIOUS MUNICIPALITIES, IN THE 8
MATTER OF CHRISTOPHER L. PARKER ET AL. V. AMERICAN 9
TRAFFIC SOLUTIONS, INC. ET AL; PROVIDING FOR THE 10
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 11
EFFECTIVE DATE. 12
13
WHEREAS, on November 12, 2014, the City Council adopted Resolution No. 14
2014-205-2184, which authorized the City Attorney to negotiate and execute a Joint 15
Litigation Agreement with American Traffic Solutions (ATS), to cover the cost of defense 16
of Arem-based class action lawsuits, and 17
WHEREAS, ATS, Xerox State & Local Solutions, Inc. (Xerox), Gatso USA Inc. 18
(Gatso), and other municipalities have been named as Defendants in a federal class 19
action lawsuit in the matter of Parker vs. American Traffic Solutions, Inc., and 20
WHEREAS, the lawsuit is based on the recent decision of the Fourth District 21
Court of Appeals, in the matter of City of Hollywood v. Arem, and 22
WHEREAS, ATS, Xerox, Gatso, and the other municipalities, which have been 23
named as Defendants in the Parker matter, desire to share information with each other 24
on a confidential basis, and to cooperate in certain joint defense efforts in connection 25
with the class action lawsuit, and 26
WHEREAS, it is necessary to execute a Joint Interest Agreement to formalize the 27
expectations of each party, 28
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 29
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 30
Page 46 of 116
2
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 31
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 32
made a specific part of this Resolution. 33
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 34
hereby authorizes the City Attorney to negotiate and execute a Joint Interest Agreement 35
with American Traffic Solutions (ATS), Xerox State & Local Solutions, Inc. (XEROX), 36
Gatso USA Inc. (GATSO), and various municipalities, in the matter of Christopher L. 37
Parker et al. v. American Traffic Solutions, Inc., et al. 38
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 39
upon its final passage. 40
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 41
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 42
43
___________________________________ 44
OLIVER GILBERT, III, MAYOR 45
46
47
48
ATTEST: 49
50
51
__________________________________ 52
RONETTA TAYLOR, MMC, CITY CLERK 53
54
55
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 56
57
58
SPONSORED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 59
60
Moved by: __________________ 61
62
VOTE: _________ 63
64
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 65
Page 47 of 116
3
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 66
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 67
Councilman David Williams Jr ____ (Yes) ____ (No) 68
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 69
Councilman Rodney Harris ____ (Yes) ____ (No) 70
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 71
72
Page 48 of 116
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
May 13, 2015 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:
Advertising Requirement:
(Enter X in box)
Yes No
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:
X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
N/A X
Sponsor Name
Cameron Benson,
City Manager
Department:
City Manager
Finance Department
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY
CLERK TO EXECUTE AND ATTEST, RESPECTIVELY THAT CERTAIN
INTERLOCAL AGREEMENT ATTACHED HERETO AS EXHIBIT “A”,
WITH MIAMI-DADE COUNTY FOR REIMBURSEMENT OF PARKING
FINES; PROVIDING FOR FUTURE AUTHORIZATION TO THE CITY
MANAGER; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
The City received a letter from the Office of the Mayor of Miami-Dade County requesting execution of
an interlocal agreement for reimbursement of parking fines to the City. Reimbursements to
municipalities are based on a percentage of revenue collected during Fiscal Year 2013-2014. The
Item K-9) Consent Agenda
Resolution
Reimbursement of Parking Fines
Page 49 of 116
18605 NW 27th Avenue
Miami Gardens, Florida 33056
amount is determined by calculating the total amount of fines collected on tickets issued in a
municipality divided by the total number of tickets paid countywide. Funding estimates also include a
percentage of carryover monies that were not distributed to any municipality in the previous year. The
estimate for the City of Miami Gardens to be received is $2,793.
These proceeds must be used to improve accessibility and equal opportunity to qualified physically
disabled persons and to conduct public awareness programs concerning physically disabled persons.
This revenue will be deposited in the Transportation Fund.
Fiscal Impact
The City of Miami Gardens will receive $2,793 which will be deposited to the Transportation Fund for
the specific use as indicated under Section 3-447 of the Code of Miami Dade County.
Proposed Action:
Recommends approval for the City Manager to execute the interlocal agreement for the current year
and any other future year agreements.
Attachment:
Page 50 of 116
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4
MANAGER AND CITY CLERK TO EXECUTE AND ATTEST, 5
RESPECTIVELY THAT CERTAIN INTERLOCAL AGREEMENT 6
ATTACHED HERETO AS EXHIBIT “A”, WITH MIAMI-DADE 7
COUNTY FOR REIMBURSEMENT OF PARKING FINES; 8
PROVIDING FOR FUTURE AUTHORIZATION TO THE CITY 9
MANAGER; PROVIDING FOR INSTRUCTIONS TO THE CITY 10
CLERK; PROVIDING FOR THE ADOPTION OF 11
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 12
13
WHEREAS, has been operating under an Interlocal Agreement with Miami-Dade 14
for reimbursement of parking fine to the City, and 15
WHEREAS, the Interlocal Agreement will need to be renewed in order for the 16
City to continue to receive parking revenues, and 17
WHEREAS, reimbursements to municipalities as based on a percentage of 18
revenue collected during Fiscal Year 2013-2014, and 19
WHEREAS, this revenue will be deposited in the Transportation Fund, and 20
WHEREAS, it is also being recommended that the City Council grant the City 21
Manager the authority to execute future Interlocal Agreements with Miami-Dade County 22
for this purpose, 23
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 24
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 25
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 26
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 27
made a specific part of this Resolution. 28
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 29
hereby authorizes the City Manager and City Clerk to execute and attest, respectively 30
Page 51 of 116
2
that certain Interlocal Agreement attached hereto as Exhibit “A”, with Miami-Dade 31
County for reimbursement of parking fines. 32
Section 3: INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 33
authorized to obtain two (2) fully executed copies of the subject Agreement with one to 34
be maintained by the City, and one to be delivered to Miami-Dade County. 35
Section 4: EFFECTIVE DATE: This Resolution shall take effect immediately 36
upon its final passage. 37
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 38
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 39
40
___________________________________ 41
OLIVER GILBERT, III, MAYOR 42
43
44
ATTEST: 45
46
47
__________________________________ 48
RONETTA TAYLOR, MMC, CITY CLERK 49
50
51
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 52
53
54
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 55
56
Moved by: __________________ 57
58
VOTE: _________ 59
60
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 61
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 62
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 63
Councilman David Williams Jr ____ (Yes) ____ (No) 64
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 65
Councilman Rodney Harris ____ (Yes) ____ (No) 66
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 67
Page 52 of 116
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Page 60 of 116
18605 NW 27th Avenue
Miami Gardens, FL 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
May 13, 2015 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:
NA Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:
ITB No. 14-15-017 X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
X
Sponsor Name
Cameron Benson,
City Manager
Department:Development Services
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, REJECTING ALL PROPOSALS RECEIVED IN RESPONSE TO ITB
NO. 14-15-017 FOR DRAINAGE INFRASTRUCTURE AND ROADWAY
IMPROVEMENTS FOR THE LIVABLE NEIGHBORHOOD IMPROVEMENTS
FOR VISTA VERDE PHASE II PROJECT; PROVIDING FOR THE ADOPTION
OF REPRESENTATIVES; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
BACKGROUND
The City’s engineers, Craven Thompson & Associates, Inc prepared the drainage infrastructure, and roadway
improvements plans and specifications for the Livable Neighborhood Improvement Vista Verde Phase II. The
solicitation requested sealed bids from qualified licensed general contractors to construct drainage infrastructure,
Item K-10) Consent Agenda
Resolution
Vista Verde Phase II Project
Page 61 of 116
18605 NW 27th Avenue
Miami Gardens, FL 33056
and roadway improvement in the neighborhood of Vista Verde located from North West 39th Avenue on the east,
North West 39th Avenue on the south and North West 215th street to the north.
CURRENT SITUATION
The Bid was advertised on February 2, 2015. Solicitations notifications were sent to 716 vendors. Thirty-four (34)
vendors requested bid packages. The bids were opened March 5, 2015. Five (5) bids were received. A copy of the
solicitation documents and proposals submitted are available at the assistant to the Mayor and Council’s office for
review.
On March 30, 2015, proposals were evaluated and the consultant, Craven Thompson & Associates, Inc informed
City staff that there were discrepancies in the solicitation for the Livable Neighborhood Improvement Vista Verde
Phase II.
Staff carefully reviewed the bid document and acknowledged the discrepancies. Staff has concurred that to
ensure a fair and open competitive procurement process, it is advisable to re-bid this project. This project is jointly
funded by the Community Development Block Grant fund, the State of Florida Department of Environmental
Protection, the People’s Transportation Fund and the city’s stormwater fund.
Proposed Action:
It is recommended that City Council approve the attached resolution authorizing the rejection of all of
the Bids and grant approval for the City Manager to re-solicit the bid for qualified general contractors to
construct drainage infrastructure, and roadway improvements in the neighborhood of Vista Verde
located from North West 39th Avenue on the east, North West 39th Avenue to the south and North
West 215th Street to the north.
Attachment:
None.
Page 62 of 116
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, REJECTING ALL PROPOSALS 4
RECEIVED IN RESPONSE TO ITB NO. 14-15-017 FOR 5
DRAINAGE INFRASTRUCTURE AND ROADWAY 6
IMPROVEMENTS FOR THE LIVABLE NEIGHBORHOOD 7
IMPROVEMENT FOR VISTA VERDE PHASE II PROJECT; 8
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 9
PROVIDING FOR AN EFFECTIVE DATE. 10
11
WHEREAS, the City’s consultant engineer, Craven Thompson & Associates, 12
Inc., prepared specifications for ITB No.14-15-017 for drainage infrastructure and 13
roadway improvements for the Livable Neighborhood Improvement Vista Verde Phase 14
II, and 15
WHEREAS, the bid was advertised on February 2, 2015, and 16
WHEREAS, on March 5, 2015, five (5) proposals were received and opened, and 17
WHEREAS, on March 30, 2015, the proposals were evaluated and the 18
consultant, Craven Thompson & Associates, Inc., informed City staff of discrepancies in 19
the solicitation for the Livable Neighborhood Improvement Vista Verde Phase II Project, 20
and 21
WHEREAS, City staff recommends rejecting all proposals and re-soliciting the 22
bid, 23
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 24
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 25
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 26
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 27
made a specific part of this Resolution. 28
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 29
hereby rejects all proposals received in response to ITB No.14-15-017 for drainage 30
Page 63 of 116
2
infrastructure and roadway improvements for the Livable Neighborhood Improvement 31
for Vista Verde Phase II project. 32
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 33
upon its final passage. 34
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 35
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 36
37
___________________________________ 38
OLIVER GILBERT, III, MAYOR 39
40
41
42
ATTEST: 43
44
45
__________________________________ 46
RONETTA TAYLOR, MMC, CITY CLERK 47
48
49
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 50
51
52
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 53
54
55
Moved by: __________________ 56
57
VOTE: _________ 58
59
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 60
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 61
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 62
Councilman David Williams Jr ____ (Yes) ____ (No) 63
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 64
Councilman Rodney Harris ____ (Yes) ____ (No) 65
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 66
67
Page 64 of 116
18605 NW 27th Avenue
Miami Gardens, FL 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
May 13, 2015 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:
NA Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:
ITB No. 14-15-012 X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
X
Sponsor Name
Cameron Benson,
City Manager
Department:Parks and Recreation
Department
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, REJECTING ALL PROPOSALS RECEIVED IN RESPONSE TO ITB
NO. 14-15-012 FOR BUS TRANSPORTATION SERVICES; PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE
DATE.
Staff Summary:
BACKGROUND
The City requested sealed bids from licensed qualified companies for Bus Transportation Services for
recreational programs for the Parks & Recreation Department.
Item K-11) Consent Agenda
Resolution
Bus Transportation Services
Page 65 of 116
18605 NW 27th Avenue
Miami Gardens, FL 33056
On December 23, 2014, the City advertised Invitation To Bid (ITB) No. 14-15-012, a replacement contract
for Bus Transportation Services. Solicitation notifications were sent to 132 vendors. Nine (9) vendors
requested bid packages. The bids were opened on January 8, 2015. Three (3) bids were received and
publicly read. Bids were received from Air B Bus School Bus, located in Miami, FL; Academy Bus, located
in Miami, FL; and Corporate Coaches located in Fort Lauderdale, FL.
On January 13, 2015 an Evaluation Committee consisting of the Director of Parks and Recreation,
Athletics Manager, and Recreation District Supervisor assemlbled to evaluat the proposals in accordance
with the bid evaluation criteria.
CURRENT SITUATION
After further review of operational needs, staff has decided there is a need to amend the specifications
for Bus Transportation Services in order to better meet departmental objectives; hence, staff is
recommending rejecting all bids, amending the specifications, and re-advertising the solicitation.
Proposed Action:
It is recommended that City Council approve the attached resolution authorizing the rejection of all of
the Bids and grant approval for the City Manager to re-solicit the bid for licensed qualified companies for
Bus Transportation Services for athletics and recreation programs for the Parks & Recreation
Department.
Attachment:
Exhibit – Bid Tabulation
Page 66 of 116
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, REJECTING ALL PROPOSALS 4
RECEIVED IN RESPONSE TO ITB NO. 14-15-012 FOR BUS 5
TRANSPORTATION SERVICES; PROVIDING FOR THE 6
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 7
EFFECTIVE DATE. 8
9
WHEREAS, on December 23, 2014, the City advertised ITB No. 14-15-012 for 10
Bus Transportation Services, and 11
WHEREAS, on January 8, 2015, three (3) bids were received and publicly read, 12
and 13
WHEREAS, after further review of operational needs, City staff determined that 14
the specifications for Bus Transportation Services should be amended, and 15
WHEREAS, City staff recommends rejecting all bids and re-advertising the 16
solicitation with additional specifications, 17
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 18
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 19
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 20
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 21
made a specific part of this Resolution. 22
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 23
hereby rejects all proposals received in response to ITB No. 14-15-012 for Bus 24
Transportation Services. 25
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 26
upon its final passage. 27
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 28
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 29
Page 67 of 116
2
___________________________________ 30
OLIVER GILBERT, III, MAYOR 31
32
33
34
ATTEST: 35
36
37
__________________________________ 38
RONETTA TAYLOR, MMC, CITY CLERK 39
40
41
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 42
43
44
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 45
46
Moved by: __________________ 47
48
VOTE: _________ 49
50
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 51
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 52
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 53
Councilman David Williams Jr ____ (Yes) ____ (No) 54
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 55
Councilman Rodney Harris ____ (Yes) ____ (No) 56
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 57
58
Page 68 of 116
18605 NW27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
May 13, 2015 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:
Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:
X
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
Quality of Life and City Image
X
Sponsor Name
Cameron Benson,
City Manager
Department:Community Development
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE
CITY CLERK TO EXECUTE AND ATTEST RESPECTIVELY THAT
CERTAIN BIFURCATION OF THE AMENDED MORTGAGE DEED AND
RESTRICTIVE COVENANT WITH RUDG-THE COMMONS, LLC.
ATTACHED HERETO AS EXHIVIT “A”; AUTHORIZING THE CITY
MANAGER TO EXECUTE AND ATTEST RESPECTIVELY THAT
CERTAIN COMMERCIAL MORTGAGE DEED AND RESTRICTIVE
COVENANT AND THAT CERTAIN RESIDENTIAL MORTGAGE DEED
AND RESTRICTIVE COVENANT WITH RUDGE-THE COMMONS, LLC,
ATTACHED HERETO AS EXHIBITS “B” AND “C”; PROVIDING FOR
INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR AN
EFFECTIVE DATE.
Staff Summary:
Background:
Item K-12) Consent Agenda
Resolution
RUDG -The Commons, LLC - Bifurcation
Page 69 of 116
18605 NW27th Avenue
Miami Gardens, Florida 33056
The City was allocated $1,940,337 in Neighborhood Stabilization Program 3 (NSP3) Funds. This specific
grant required that the funds be leveraged and that the required housing units be developed in targeted
areas. The two neighborhoods listed in the City’s NSP3 Plan were Rainbow Park & Riverdale.
In order to seek leveraging of awarded funds, the City issued a formal Request for Proposals. Three (3)
proposals were received. As a result, one of the applicants awarded funding was RUDG-The Commons,
LLC. The City Council awarded $1,150,000.00 to this developer for the acquisition of land and
construction of 189 units for elderly residents. The parcels totaling 6.83 acres on which this housing
project was to be constructed is located on the west side of N.W. 27 Avenue, just south of 207 Street.
The City entered into a Developer’s Agreement with RUDG – The Commons on December 19, 2011, for
the acquisition of the land on which the multi-family elderly housing was to be built. Consequently a
Mortgage Deed and Restricted Covenant was recorded on the property to secure the City’s investment.
In January 2013, the Developer met with City Staff and expressed their interest in modifying the site
development from multifamily housing to a mixed-use development. Given the location of the site, the
City believed that the highest and best use for the land would be to include commercial development
rather than only multi-family housing. The project will now consist primarily of commercial
development, but will also contain a housing component on the Northwest corner of the site. The
housing component will be comprised of 24-units that will be developed for elderly rental housing.
An Amended Developer’s Agreement and an Amended Mortgage Deed and Restrictive Covenant were
negotiated to replace the previously executed documents, and approved by the City Council on July 24,
2013 (Res. 2013-178-1974). Both were recorded in the public record of Miami Dade County.
Current Situation:
The Developer has received site plan approval and begun the plan review and permitting process for the
24-unit building. They are also in the process of soliciting businesses for the commercial development.
As part of that solicitation, the Developer has requested that the City agree to Bifurcate the existing
Amended Mortgage Deed and Restrictive Covenant into two separate documents, each encumbering
only part of the originally encumbered parcel and together encumbering the entire originally
encumbered parcel. Essentially creating a “Restricted Mortgage and Covenant” encumbering the
residential parcel described in Exhibit A, and a separate “Non-Restricted Mortgage and Covenant”
encumbering the commercial parcel described in Exhibt B.
City staff has worked with the Developer to negotiate a Bifurcation of the Amended Mortgage Deed and
Restrictive Covenant, as well as a Second and Third Amendment to the Amended Mortgage Deed and
Restrictive Covenant. The Second Amendment creates the “Non-Restricted Mortgage and Covenant”.
The Third Amendment creates the “Restricted Mortgage and Covenant”. The Bifurcation and
Amendments will allow the Developer to enter into agreements for the Commercial parcel (described in
Exhibit B) with businesses interested in establishing a location in Miami Gardens without the added
restrictions that are tied to the Housing development (described in Exhibit A).
In addition, the City and Developer wish to further amend the Amended Developer’s Agreement to
replace Exhibit B: Housing Project Budget and Schedule and Exhibit C: Commercial Project Budget and
Schedule with updated project schedules and budgets to more accurately reflect the current and
projected status of these projects.
Page 70 of 116
18605 NW27th Avenue
Miami Gardens, Florida 33056
The attached resolution requests Council’s approval of the Bifucation of Mortgage, the Second and Third
Amendments to the Mortgage Deed and Restricitve Covenant, and Second Amendment to the
Developer’s Agreement, and authorizes the City Manager to execute and record all documents in the
public record of Miami Dade County.
Financial Impact:
There is no fiscal impact for this action.
Proposed Action:
That City Council approve the attached resolution.
Attachment:
Bifurcation of Amended Mortgage Deed and Restrictive Covenant
2nd and 3rd Amendments to the Amended Mortgage Deed and Restrictive Covenant with Exhibits
A and B
Amended Mortgage Deed and Restrictive Covenant
2nd Amendment to the Amended Developer’s Agreement
Page 71 of 116
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4
MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST 5
RESPECTIVELY THAT CERTAIN BIFURCATION OF THE 6
AMENDED MORTGAGE DEED AND RESTRICTIVE COVENANT 7
WITH RUDG-THE COMMONS, LLC, ATTACHED HERETO AS 8
EXHIBIT “A”; AUTHORIZING THE CITY MANAGER TO 9
EXECUTE AND ATTEST RESPECTIVELY THAT CERTAIN 10
COMMERICAL MORTGAGE DEED AND RESTRICTIVE 11
COVENANT AND THAT CERTAIN RESIDENTIAL MORTGAGE 12
DEED AND RESTRICTIVE COVENANT WITH RUDG-THE 13
COMMONS, LLC, ATTACHED HERETO AS EXHIBITS “B” AND 14
“C”; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; 15
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 16
PROVIDING FOR AN EFFECTIVE DATE. 17
18
WHEREAS, the City of Miami Gardens was awarded One Million, Nine Hundred 19
Forty, Three Hundred Thirty-Seven Dollars ($1,940,337.00) in NSP3 funds, and 20
WHEREAS, the City awarded One Million, One Hundred Fifty Thousand Dollars 21
($1,150,000.00) to RUDG-The Commons, LLC, (the “Developer”) for a mixed used 22
development, which will to include a 24 unit multi-family housing for the elderly and 23
commercial development, and 24
WHEREAS, the City entered into a Developer’s Agreement with RUDG-The 25
Commons on December 19, 2011, for the acquisition of the land on which the multi-26
family elderly housing was to be built; Consequently a Mortgage Deed and Restricted 27
Covenant was recorded on the property to secure the City’s investment, and 28
WHEREAS, an amended Developer’s Agreement and an amended Mortgage 29
Deed and Restrictive Covenant were negotiated to replace the previously executed 30
documents, and approved by the City Council on July 24, 2013, Resolution No. 2013-31
178-1974, and 32
WHEREAS, the Developer has received site plan approval and is in the plan 33
review and permitting phase for the 24 unit elderly housing, and 34
Page 72 of 116
2
WHEREAS, the Developer is requesting that the City bifurcate the existing 35
amended Mortgage Deed and Restrictive Covenant to create separate deeds and 36
restrictive covenants for the multi-unit residential property and the commercial property, 37
respectively, and 38
WHEREAS, the bifurcation and amendments will allow the Developer to enter 39
into agreements for the commercial parcel with businesses interested in establishing a 40
location in Miami Gardens without the added restrictions that are associated with the 41
housing development, 42
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 43
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 44
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 45
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 46
made a specific part of this Resolution. 47
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 48
hereby authorizes the City Manager and the City Clerk to execute and attest, 49
respectively that certain Bifurcation of the Amended Mortgage Deed and Restrictive 50
Covenant with RUDG-The Commons, LLC, a copy of which is attached hereto as 51
Exhibit “A”; and further authorizes the City Manager and City Clerk to execute and 52
attest, respectively that certain Commerical Mortgage Deed and Restrictive Covenant 53
and that certain Residential Mortgage Deed and Restrictive Covenant with RUDG-The 54
Commons, LLC, attached hereto as Exhibits “B” and “C”. 55
Section 3: INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 56
authorized to obtain two (2) fully executed copies of the subject Deeds and Restrictive 57
Page 73 of 116
3
Covenants with one to be maintained by the City, and one to be delivered to RUDG-The 58
Commons, LLC. 59
Section 4: EFFECTIVE DATE: This Resolution shall take effect immediately 60
upon its final passage. 61
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 62
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 63
64
___________________________________ 65
OLIVER GILBERT, III, MAYOR 66
67
68
ATTEST: 69
70
71
__________________________________ 72
RONETTA TAYLOR, MMC, CITY CLERK 73
74
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 75
76
SPONSORED BY: CAMERON D.BENSON, CITY MANAGER 77
78
Moved by: __________________ 79
80
VOTE: _________ 81
82
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 83
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 84
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 85
Councilman David Williams Jr ____ (Yes) ____ (No) 86
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 87
Councilman Rodney Harris ____ (Yes) ____ (No) 88
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 89
90
Page 74 of 116
Page 1 of 5
This Instrument Prepared by:
Ellen Rose, Esquire
Katz, Barron, Squitero & Faust, P.A.
2699 South Bayshore Drive, 7th Floor
Miami, Florida 33133
BIFURCATION OF AMENDED MORTGAGE DEED AND RESTRICTIVE COVENANT
WHEREAS, RUDG-THE COMMONS, LLC, a Florida limited liability company, as
(“Owner”) executed an Amended Mortgage Deed and Restrictive Covenant in favor of the City of Miami
Gardens and recorded in Official Records Book 28827 at Page 2870 of the Public Records of Miami-
Dade County, Florida (the “Mortgage and Covenant”); and
WHEREAS, the CITY OF MIAMI GARDENS (“City”) and the Owner have agreed to
bifurcate the Amended Mortgage and Covenant into two separate mortgages, each encumbering only part
of the originally encumbered parcel;
NOW, THEREFORE, in consideration of the premises and of other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed as follows:
1. The foregoing recitations are true and correct and are incorporated herein by
reference.
2. The Amended Mortgage and Covenant are hereby separated into two separate mortgages,
each encumbering part of the originally encumbered parcel and together encumbering the
entire originally encumbered parcel, with the same terms as the Amended Mortgage and
Covenant and in accordance with the following:
a. One of such Mortgages and Covenants (the “Restricted Mortgage and
Covenant”) is hereby agreed to encumber only the parcel described on
Exhibit “A” hereto, and the other Mortgage and Covenant (the “Non-
Restricted Mortgage and Covenant”) is hereby agreed to encumber only
the parcel described on Exhibit “B” hereto.
b. Simultaneously with the execution hereof, the parties are entering into an
Amendment to the Restricted Mortgage and Covenant which will modify
the terms of the Amended Mortgage and Covenant as to the parcel
described on Exhibit “A” only and into an Amended and Restated Non-
Page 75 of 116
Page 2 of 5
Restricted Mortgage and Covenant which will restate the terms of the
Amended Mortgage and Covenant as to Exhibit “B” only.
c. The parcel described in Exhibit A encumbered by the Restricted Mortgage
and Covenant shall be liable only for $279,450 of the $1,150,000 secured
by the Amended Mortgage and Covenant, and the parcel described in
Exhibit B encumbered by the Non-Restricted Mortgage and Covenant
shall be liable only for $870,550.00 of the $1,150,000 secured by the
Amended Mortgage and Covenant. In addition, the Non-Restricted
Mortgage shall secure the $200,000.00 contribution required by Section
11 of the Amended Mortgage.
3. Except as hereinabove amended, the terms of the Mortgage and Covenant are
ratified, confirmed and approved.
IN WITNESS WHEREOF, the parties have executed this Bifurcation of Mortgage Deed and
Restrictive Covenant on the dates written below.
RUDG-THE COMMONS, LLC, a Florida
limited liability company
By: RUDG-The Commons Manager, LLC, a
Florida limited liability company
By:
Print Name: ________________________ Its:
Printed Name:
__________________________________
Print Name: ________________________
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
The foregoing instrument was sworn to and acknowledged before me this day of
______________________, 2015 by _______________________, as _______________ of RUDG-The
Commons, LLC, a Florida limited liability company, by and on behalf of said company as manager of
RUDG-THE COMMONS, LLC, a Florida limited liability company, on behalf of the company. He/she is
personally known to me or has produced as identification.
_____________________________________
NOTARY PUBLIC - STATE OF FLORIDA
My Commission Expires:
Page 76 of 116
Page 3 of 5
CITY OF MIAMI GARDENS, FLORIDA
Attest:
By:
Ronetta Taylor, City Clerk Cameron D. Benson, City Manager
Date:
Approved as to form and legal sufficiency
Sonja K. Dickens, City Attorney
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
The foregoing instrument was sworn to and acknowledged before me this ________ day of
____________________, 2015 by _______________________, as City Manager of the City of Miami
Gardens, Florida, by and on behalf of said City. He/she is personally known to me or ho has produced
____________________________________as identification.
_____________________________________
NOTARY PUBLIC - STATE OF FLORIDA
My Commission Expires:
Page 77 of 116
A portion
Section 33
Page 75,
follows:
Commenc
Section 33
point on t
Page 4115
the northw
in Plat Bo
on the arc
the South
"A"; Beg
89,811 sq
n of Tracts 34
3, Township
of the Public
ce at the East
3 and the Nor
the South Rig
5, and Officia
west corner of
ook 160, Pag
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concave to the
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being a poin
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Pag
EX
ERGLADES
ange 41 East,
f Miami-Dade
of said Sectio
id Tract 33 fo
ne of N.W. 2
ook 15868, P
27th AVENU
Public Record
e South (a ra
W. 207th Stre
nt on the Sou
es more or les
ge 4 of 5
XHIBIT “A”
LEGAL
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according to
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sterly along th
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OMPANY'S S
reof as record
more particu
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County record
g to the Plat t
y, Florida, sai
he arc of said
e southwest co
N.W. 207th
SUBDIVISIO
ded in Plat Bo
ularly describ
utheast 1/4 o
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ds, said point
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d curve, also
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and a
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Tract
aining
Page 78 of 116
A portion
33, Town
of the Pub
Commenc
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33 for a d
Beginning
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Florida; t
138.07 fe
N00°00'0
more or le
n of Tract 34,
ship 51 South
blic Records o
ce at the Ea
7"W along th
distance of 1
g, said point b
hereof as rec
thence S89°3
feet; thence
8"E for 612.4
ess).
EVERGLAD
h, Range 41 E
of Miami-Dad
ast 1/4 corne
e North line o
75.00 feet; th
being the sou
corded in Plat
36'44"W for
S00°00'36"W
42 feet to the
Pag
EX
DES SUGAR
East, accordin
de County, Fl
er of said Se
of the Southe
hence run S0
utheast corner
t Book 160, P
269.65 feet;
W for 511.84
Point of Begi
ge 5 of 5
XHIBIT “B”
LEGAL
AND LAND
ng to the Plat t
lorida, being m
ection 33; th
ast 1/4 of said
00°00'08"E fo
of Tract "A"
Page 34, of t
thence South
4 feet; then
inning. Conta
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thereof as rec
more particul
hence based
d Section 33
or a distance
", 27th AVEN
the Public Re
th for 67.77
nce S86°03'3
aining 255,86
Y'S SUBDIVI
corded in Plat
larly describe
on an assum
and the North
of 388.87 fe
NUE RACETR
ecords of Mi
feet; thence
30"E for 45
67 sq.ft. more
SION, of Sec
t Book 2, Pag
ed as follows:
med meridian
h line of said
eet to the Po
RAC, accord
iami-Dade Co
N89°59'24"W
1.22 feet; t
or less (5.87
ction
ge 75,
n run
Tract
oint of
ding to
ounty,
W for
thence
acres
Page 79 of 116
Page 1 of 4
This Instrument Prepared by:
Ellen Rose, Esquire
Katz, Barron, Squitero & Faust, P.A.
2699 South Bayshore Drive, 7th Floor
Miami, Florida 33133
SECOND AMENDMENT TO MORTGAGE DEED AND RESTRICTIVE COVENANT
WHEREAS, RUDG-THE COMMONS, LLC, a Florida limited liability company, as
(“Owner”) executed an Amended Mortgage Deed and Restrictive Covenant in favor of the City of Miami
Gardens (the “City”) and recorded in Official Records Book 28827 at Page 2870 of the Public Records of
Miami-Dade County, Florida (the “Mortgage and Covenant”); and
WHEREAS, the Owner and the City bifurcated the Amended Mortgage and Covenant in a
certain Bifurcation of Mortgage Deed and Restrictive Covenant (the “Bifurcation”) executed immediately
prior to the execution hereof and intended to be recorded prior to the execution hereof; and
WHEREAS, the Bifurcation resulted in a Non-Restricted Mortgage and Covenant encumbering
the parcel described on Exhibit “B” hereto; and; and
WHEREAS, the parties have agreed to certain modifications of the Non-Restricted Mortgage
and Covenant, including a release of all development restrictions, all of which modifications are more
particularly set forth herein;
NOW, THEREFORE, in consideration of the premises and of other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed as follows:
1. The foregoing recitations are true and correct and are incorporated herein by
reference.
2. The Non- Restricted Mortgage and Covenant is hereby amended as follows:
a. Paragraphs 1, 2, 3, 4, 5, and 8 are hereby deleted.
b. The reference to the Elderly Housing Rental Units in paragraph 9 shall mean a
reference to those Units to be built on the portion of the originally encumbered
Property which is now encumbered by the Restricted Mortgage (as defined in the
Bifurcation Agreement).
Page 80 of 116
Page 2 of 4
c. The NSP3 Amended Developer Agreement attached to the Amended Mortgage
and Covenant shall not apply to the property described on Exhibit “B”.
3. Except as hereinabove amended, all of the terms of the Non-Restricted Mortgage and
Covenant, are hereby ratified, confirmed and approved.
IN WITNESS WHEREOF, the parties have executed this Amendment to Non-Restricted
Mortgage and Covenant on the dates written below.
RUDG-THE COMMONS, LLC, a Florida
limited liability company
By:
RUDG-The Commons Manager, LLC, a
Florida limited liability company
By:
Print Name: ________________________ Its:
Printed Name:
__________________________________ Dated:__________________________, 2015
Print Name: ________________________
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
The foregoing instrument was sworn to and acknowledged before me this day of
______________________, 2015 by _______________________, as _______________ of RUDG-The
Commons, LLC, a Florida limited liability company, by and on behalf of said company as manager of
RUDG-THE COMMONS, LLC, a Florida limited liability company, on behalf of the company. He is
personally known to me or who has produced as identification.
_____________________________________
NOTARY PUBLIC - STATE OF FLORIDA
My Commission Expires:
[Additional signatures on following pages]
Page 81 of 116
Page 3 of 4
CITY OF MIAMI GARDENS, FLORIDA
Attest:
By:
Ronetta Taylor, City Clerk Cameron D. Benson, City Manager
Date:
Approved as to form and legal sufficiency
Sonja K. Dickens, City Attorney
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
The foregoing instrument was sworn to and acknowledged before me this ________ day of
____________________, 2015 by _______________________, as City Manager of the City of Miami
Gardens, Florida, by and on behalf of said City. He/she is personally known to me or ho has produced
____________________________________as identification.
_____________________________________
NOTARY PUBLIC - STATE OF FLORIDA
My Commission Expires:
Page 82 of 116
A portion
33, Town
of the Pub
Commenc
S87°49'27
33 for a d
Beginning
the Plat th
Florida; t
138.07 fe
N00°00'0
more or le
n of Tract 34,
ship 51 South
blic Records o
ce at the Ea
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distance of 1
g, said point b
hereof as rec
thence S89°3
feet; thence
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ess).
EVERGLAD
h, Range 41 E
of Miami-Dad
ast 1/4 corne
e North line o
75.00 feet; th
being the sou
corded in Plat
36'44"W for
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42 feet to the
Pag
EX
DES SUGAR
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utheast corner
t Book 160, P
269.65 feet;
W for 511.84
Point of Begi
ge 4 of 4
XHIBIT “B”
LEGAL
AND LAND
ng to the Plat t
lorida, being m
ection 33; th
ast 1/4 of said
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of Tract "A"
Page 34, of t
thence South
4 feet; then
inning. Conta
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thereof as rec
more particul
hence based
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or a distance
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the Public Re
th for 67.77
nce S86°03'3
aining 255,86
Y'S SUBDIVI
corded in Plat
larly describe
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and the North
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NUE RACETR
ecords of Mi
feet; thence
30"E for 45
67 sq.ft. more
SION, of Sec
t Book 2, Pag
ed as follows:
med meridian
h line of said
eet to the Po
RAC, accord
iami-Dade Co
N89°59'24"W
1.22 feet; t
or less (5.87
ction
ge 75,
n run
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ounty,
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thence
acres
Page 83 of 116
Page 1 of 5
This Instrument Prepared by:
Ellen Rose, Esquire
Katz, Barron, Squitero & Faust, P.A.
2699 South Bayshore Drive, 7th Floor
Miami, Florida 33133
THIRD AMENDMENT TO MORTGAGE DEED AND RESTRICTIVE COVENANT
WHEREAS, RUDG-THE COMMONS, LLC, a Florida limited liability company, as
(“Owner”) executed an Amended Mortgage Deed and Restrictive Covenant in favor of the City of Miami
Gardens (the “City”) and recorded in Official Records Book 28827 at Page 2870 of the Public Records of
Miami-Dade County, Florida (the “Mortgage and Covenant”); and
WHEREAS, the Owner and the City bifurcated the Amended Mortgage and Covenant in a
certain Bifurcation of Mortgage Deed and Restrictive Covenant (the “Bifurcation”) executed immediately
prior to the execution hereof and intended to be recorded prior to the execution hereof; and
WHEREAS, the Bifurcation resulted in a Restricted Mortgage and Covenant encumbering the
parcel described on Exhibit “A” hereto; and
WHEREAS, the parties have agreed to certain modifications of the Restricted Mortgage and
Covenant which are more particularly set forth herein;
NOW, THEREFORE, in consideration of the premises and of other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed as follows:
1. The foregoing recitations are true and correct and are incorporated herein by
reference.
2. The Restricted Mortgage and Covenant is hereby amended as follows:
a. In Paragraph 2, the word “condominium” is hereby deleted, and the word “sale”
is hereby changed to “rental”.
b. Paragraph 3 is hereby rewritten as follows:
The Owner agrees that all 24 Units will be reserved for households whose
incomes do not exceed 50% of the Area Median Income. For determining
income levels, the applicable area is the Miami-Miami Beach-Kendall HFMA
Page 84 of 116
Page 2 of 5
area. The income levels are subject to change annually as published by the U.S.
Department of Housing and Urban Development (HUD).
c. In paragraph 4 the words “25% or 6 of the total” are hereby deleted.
d. Paragraph 12 is modified to provide that the indebtedness secured hereby is
forgiven if the City has not brought a foreclosure action on or before the
expiration of the 20 year period described in paragraph 9 of the Restricted
Mortgage and Covenant.
e. The City confirms that, from time to time upon request, it will subordinate its lien
rights under the Covenant and encumbering the parcel described on Exhibit “A”
to the liens of mortgages whose principal balances at the time of the
subordination do not exceed a total of $1,818,560.00.
3. Section II. C. 4 of the NSP3 Amended Developer’s Agreement which is dated July 26,
2013 is hereby rewritten as follows: “All 24 residential units developed on the properties
being acquired and listed on Exhibit A must be occupied by households with annual
incomes of less than 50% of the Area Median Income (AMI). Area Median Income is
defined by HUD and published annually.” The Amended Developer’s Agreement is
attached hereto as Exhibit “B”.
4. Except as hereinabove amended, all of the terms of the Restricted Mortgage and
Covenant, are hereby ratified, confirmed and approved.
[Remainder of page intentionally left blank]
Page 85 of 116
Page 3 of 5
IN WITNESS WHEREOF, the parties have executed this Amendment to Restricted Mortgage
and Covenant on the dates written below.
RUDG-THE COMMONS, LLC, a Florida
limited liability company
By:
RUDG-The Commons Manager, LLC, a
Florida limited liability company
By:
Print Name: ________________________ Its:
Printed Name:
__________________________________ Dated:_________________________, 2015
Print Name: ________________________
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
The foregoing instrument was sworn to and acknowledged before me this day of
______________________, 2015 by _______________________, as _______________ of RUDG-The
Commons, LLC, a Florida limited liability company, by and on behalf of said company as manager of
RUDG-THE COMMONS, LLC, a Florida limited liability company, on behalf of the company. He/she is
personally known to me or who has produced as identification.
_____________________________________
NOTARY PUBLIC - STATE OF FLORIDA
My Commission Expires:
[Additional signatures on following pages]
Page 86 of 116
Page 4 of 5
CITY OF MIAMI GARDENS, FLORIDA
Attest:
By:
Ronetta Taylor, City Clerk Cameron D. Benson, City Manager
Date:
Approved as to form and legal sufficiency
Sonja K. Dickens, City Attorney
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
The foregoing instrument was sworn to and acknowledged before me this ________ day of
____________________, 2015 by _______________________, as City Manager of the City of Miami
Gardens, Florida, by and on behalf of said City. He/she is personally known to me or ho has produced
____________________________________as identification.
_____________________________________
NOTARY PUBLIC - STATE OF FLORIDA
My Commission Expires:
Page 87 of 116
A portion
Section 33
Page 75,
follows:
Commenc
Section 33
point on t
Page 4115
the northw
in Plat Bo
on the arc
the South
"A"; Beg
89,811 sq
n of Tracts 34
3, Township
of the Public
ce at the East
3 and the Nor
the South Rig
5, and Officia
west corner of
ook 160, Pag
c of a curve c
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e 34, of the P
concave to the
ay line of N.W
being a poin
ess (2.06 acre
Pag
EX
ERGLADES
ange 41 East,
f Miami-Dade
of said Sectio
id Tract 33 fo
ne of N.W. 2
ook 15868, P
27th AVENU
Public Record
e South (a ra
W. 207th Stre
nt on the Sou
es more or les
ge 5 of 5
XHIBIT “A”
LEGAL
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according to
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on 33; along
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Page 2851, M
UE RACETRA
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dial line Wes
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ND LAND CO
o the Plat ther
lorida, being
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as recorded in
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AC, according
-Dade County
sterly along th
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reof as record
more particu
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to the Point o
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County record
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y, Florida, sai
he arc of said
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N.W. 207th
SUBDIVISIO
ded in Plat Bo
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Tract
aining
Page 88 of 116
Page 1 of 5
2nd AMENDMENT TO THE DEVELOPER’S AGREEMENT
for “The Commons”:
An NSP3 Housing Project
And a Commercial Project
THIS AGREEMENT entered into between The City of Miami Gardens, a Municipal Corporation, located at
18605 NW 27 Avenue, Miami Gardens, Florida 33056, hereinafter referred to as the “GRANTEE”, and
RUDG–The Commons, LLC, a Florida Limited Liability Company hereinafter referred to as the
“DEVELOPER” and which is located at 315 S. Biscayne Blvd, 3rd floor, Miami, Florida 33131, executed on
July 26, 2013, is amended as follows:
Exhibits B and C are amended and replaced as indicated below in Exhibits B and C.
Exhibit B: NSP3 Housing Project Budget & Schedule
The COMMONS
Miami Gardens, FL
NSP3 Housing Project Construction Schedule rev. 4/2/2015
Notes Task Date
Real Estate Closing Complete
Developer’s Agreement Approval Complete
Complete Site Plan Complete
Commence Site Design Complete
Site Plan Approval Complete
Plans and Specs Completion Complete
Permit Submission December 2014
Permit Approval May 2015
Commence Construction July 2015
Construction – 50% completion December 2015
Construction – 75% completion March 2016
Construction C.O. June 2016
Leasing & Marketing start April 2016
50% Occupancy July 2016
Stabilization August 2016
Construction 12 months
Lease-up 5 months
Page 89 of 116
Page 2 of 5
The COMMONS
Miami Gardens, FL
NSP3 Housing Project Construction Budget rev. 4/2/2015
Address: 20700 NW 27th Ave. Miami Gardens, FL 33056
Total Units 24
Rentable Sqft12,120
Buildable Sqft13,332
Avg. Size 505
ConstructionConstruction
Source ofSource of
SOURCES FundsPer UnitFundsPer Unit
First Mortgage800,000 33,333.33 800,000 33,333
FHLB300,000 12,500 300,000 12,500
Surtax718,560 29,940 718,560 29,940
City of Miami Gardens NSP 3279,450 11,644 279,450 11,644
Deferred Developer Fee179,436 7,477 179,436 7,477
TOTAL2,277,446 94,894 2,277,446 94,894
USES TotalPer Unit
Acquisition
Acquisition Costs279,450 11,644
Construction
Construction1,114,661 46,444
GC Fees156,053 6,502
Hard Cost Contingency:63,536 2,647
Total Construction 1,334,249 55,594
Soft Costs 268,964 11,207
Legal Costs 75,000 3,125
Financing Costs 31,000
Reserves and Escrows 86,4233,601
Total Soft Costs461,387 19,224
Soft Cost Contingency20,723 863
TOTAL COSTS before Developer Fee2,095,810 87,325
DEVELOPER FEE 181,636 7,568
TOTAL COSTS2,277,446 94,894
Page 90 of 116
The COM
Miami Ga
Commerc
MMONS
rdens, FL
cial Project Co
Exhibit C:
onstruction Bu
Pa
Commercia
udget
age 3 of 5
al Project Bud
dget and Sch
hedule
rev. 6//11/2013
Page 91 of 116
Page 4 of 5
The COMMONS
Miami Gardens, FL
Commercial Project Construction Schedule – PAD rev. 5/1/2015
Notes Jessie Trice Community Center - Task Date
Developer’s Agreement Approval Complete
Site Bifurcation May 2015
Complete Site Plan June 2015
Commence Architectural & Engineering Plans June 2015
Site Plan Approval July 2015
Plans and Specs Completion August 2015
Permit Submission August 2015
Permit Approval February 2016
Commence Construction February 2016
Construction – 50% completion July 2016
Construction C.O. December 2016
Notes Retail Pad Infrastructure Construction - Task Date
Developer’s Agreement Approval Complete
Site Bifurcation May 2015
Complete Site Plan June 2015
Commence Engineering Plans June 2015
Site Plan Approval July 2015
Begin Marketing Future Retail Pads August 2015
Permit Submission August 2015
Permit Approval December 2015
Pre-Sale Future Retail Pad #1 December 2015
Commence Construction of Roads &
Infrastructure for Future Retail Pads January 2016
Pre-Sale Future Retail Pad #2 February 2016
Construction – 50% completion June 2016
Construction Completion December 2016
Close on Retail Pads January 2017
Page 92 of 116
Page 5 of 5
Effective Date
The effective date for this amendment is May 13, 2015.
Except for any changes enumerated above, all provisions of the agreement shall remain in full force and
effect.
This 2nd Amendment and all its attachments are hereby made a part of the Agreement.
IN WITNESS THEREOF, the parties agree to the mutual covenants herein contained and have caused this
five (5) page 2nd Amendment to the Agreement to be executed on their behalf this _13_ day of May, 2015.
THE CITY OF MIAMI GARDENS RUDG-THE COMMONS, LLC, A FLORIDA
LIMITED LIABILITY COMPANY
By: The City Manager By: RUDG-The Commons Manager, LLC, a
Florida limited liability company, Manager
______________________________________ _______________________________________
GRANTEE: Cameron D. Benson DEVELOPER: Alberto Milo, Jr., Vice President
Approved as to form and legal sufficiency
Sonja K. Dickens, City Attorney
Page 93 of 116
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
May 13, 2015 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:
(Enter Fund & Dept)
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
Strategic Plan Related
(Enter X in box)
Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image X
Communcation
Strategic Plan Obj./Strategy: (list the
specific objective/strategy this item will address)
X
Sponsor Name
Cameron Benson,
City Manager
Department:City Manager’s Office
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, AUTHORIZING A GRANT MATCH IN THE AMOINT OF ONE HUNDRED
TWENTY-FIVE THOUSAND DOLLARS ($125,000.00) TOWARDS FUNDING FOR
THE AFRICAN MUSEUM OF ARTS AND CULTURAL CENTER UPON THE THE
AFRICAN MUSEUM OF ARTS AND CULTURAL CENTER’S RECEIPT OF A GRANT
FROM THE FLORIDA DEPARTMENT OF STATE, THROUGH IT’S CULTURAL
FACILITIES PROGRAM; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
On May 7, 2013, the Miami-Dade Board of County Commissioners unanimously approved Resolution No.
11 (A)(9) sponsored by County Commissioner Barbara J. Jordan authorizing a lease agreement with the
Nigerian-American Foundation for the development, operation and
Item L-1) Resolution
Grant/The African Museum of
Arts and Cultural Center
Page 94 of 116
18605 NW 27th Avenue
Miami Gardens, Florida 33056
maintenance of an African Museum and Cultural Art Center to be located at NW 207th Street and NW
32nd Avenue in Miami Gardens, Florida. This facility would house a museum, dance theatre and lecture
hall aimed at enhancing the educational, social, historical and cultural offerings in the City of Miami
Gardens. Since that time, the completion of this project has been stalled due to inadequate funding.
Recently, efforts to complete the African Museum of Arts and Culture (AMAC) Center have been
renewed. The Nigerian-American Foundation established an AMAC Trust for this purpose and plan to
submit a grant application to the Florida Department of State’s Cultural Facilities Program to obtain
grant funds to complete the AMAC Center. If the Nigerian-American Foundation receives the Cultural
Facilities Program grant, the City of Miami Gardens will provide monetary assistance in the amount of
$125,000 to supplement the grant funds received and aid in the efforts to locate the AMAC Center in the
City of Miami Gardens.
To provide these funds, the City Manager proposes pursuing a diverse set of funding streams to include
general fund, sponsorships, charitable donations, and grants.
On March 25, 2015, the Miami Gardens City Council demonstrated their support of the AMAC Center
project by passing Resolution Number 2015-58-2255 in support of the establishment of the AMAC
Center in the City of Miami Gardens. The provision of these funds align with the stated desire of the
Council.
Fiscal Impact
Depends on how much sponsorships and donations the City will receive, the General Fund will have to
fund for the remaining of the costs that are not covered by the sponsorships or donations. If this
amount to be funded from the General Fund budget is greater than what is available in the General
Fund, the funding will have to be derived from fund balance and an ordinance will be required to amend
the budget.
Proposed Action:
It is recommended the City Manager take all necessary steps to provide $125,000 to the Nigerian-
American Foundation upon its receipt of the Cultural Facilities Program grant.
Attachment:
No.
Page 95 of 116
RESOLUTION NO. 2015____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3
MIAMI GARDENS, FLORIDA, AUTHORIZING A GRANT MATCH 4
IN THE AMOUNT OF ONE HUNDRED TWENTY-FIVE 5
THOUSAND DOLLARS ($125,000.00) TOWARDS FUNDING FOR 6
THE AFRICAN MUSEUM OF ARTS AND CULTURAL CENTER 7
UPON THE AFRICAN MUSEUM OF ARTS AND CULTURAL 8
CENTER’S RECEIPT OF A GRANT FROM THE FLORIDA 9
DEPARTMENT OF STATE, THOUGH IT’S CULTURAL 10
FACILITIES PROGRAM; PROVIDING FOR THE ADOPTION OF 11
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 12
13
WHEREAS, on May 7, 2013, the Miami-Dade Board of County Commissioners 14
unanimously approved Resolution No. 11(A)(9) sponsored by County Commissioner 15
Barbara J. Jordan authorizing a lease agreement with the Nigerian-American 16
Foundation for the development, operation and maintenance of an African Museum of 17
Arts and Cultural (“AMAC”) Center to be located at NW 207th Street and NW 32nd 18
Avenue in Miami Gardens, Florida, and 19
WHEREAS, the AMAC center will house a museum, dance theatre and lecture 20
halls aimed at enhancing the educational, social, historical and cultural offerings, and 21
WHEREAS, the AMAC center will also promote tourism, international exchanges, 22
economic growth and enrichment for the community, and 23
WHEREAS, the completion of this project has been stalled due to inadequate 24
funding and efforts to complete the African Museum of Arts and Cultural Center have 25
been renewed, and 26
WHEREAS, the Nigerian American Foundation recently established the AMAC 27
center Trust to oversee the development fund to complete the project, and 28
WHEREAS, on March 25, 2015, the City of Miami Gardens’ City Council passed 29
Resolution No: 2015-58-2255 in support of the establishment of the AMAC center in the 30
City of Miami Gardens, and 31
Page 96 of 116
2
WHEREAS, the AMAC center will apply for the Cultural Facilities Program Grant 32
administered by the Florida Department of State to support and fund the renovation, 33
new construction or acquisition of cultural facilities, and 34
WHEREAS, if the AMAC receives the grant, the City of Miami Gardens will be 35
responsible for providing One Hundred Twenty-Five Thousand Dollars ($125,000.00) in 36
matching funds required by the grant which will be paid from fund balance, 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 41
made a specific part of this Resolution. 42
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 43
hereby authorizes a grant match for One Hundred Twenty-Five Thousand Dollars 44
($125,000.00) upon the African Museum of Arts and Cultural Center’s receipt of a grant 45
from the Florida Department of State, though it’s Cultural Facilities Program. 46
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 47
upon its final passage. 48
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 49
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2015. 50
51
___________________________________ 52
OLIVER GILBERT, III, MAYOR 53
54
55
ATTEST: 56
57
58
__________________________________ 59
Page 97 of 116
3
RONETTA TAYLOR, MMC, CITY CLERK 60
61
62
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 63
64
65
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 66
67
Moved by: __________________ 68
69
VOTE: _________ 70
71
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 72
Vice Mayor Felicia Robinson ____ (Yes) ____ (No) 73
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 74
Councilman David Williams Jr ____ (Yes) ____ (No) 75
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 76
Councilman Rodney Harris ____ (Yes) ____ (No) 77
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 78
79
Page 98 of 116
18605 NW 27th Avenue
Miami Gardens, FL 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: May 13, 2015 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: (Enter Fund &
Dept)
Advertising
Requirement:
Yes No
X
Contract/P.O.
Required:
Yes No RFP/RFQ/Bid #: (Enter #)
X
Strategic Plan Related: Yes No Strategic Plan Priority Area:
Enhance Organizational
Bus. & Economic Dev
Public Safety
Quality of Education
Qual. of Life & City Image
Communication
Strategic Plan Obj./Strategy:
N/A X
Sponsor Name: Cameron Benson,
City Manager Department: Development Services and
Enforcement
Short Title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, AMENDING SECTION 34-287 OF THE LAND DEVELOPMENT CODE
TO ALLOW THE WHOLESALE OR FIREWORKS AS A PERMITTED USE;
PROHIBITING RETAIL SALE OF FIREWORKS; ALLOWING THE RETAIL SALE
OR SPARKLERS AS A PERMITTED USE; AMENDING 34-288 TO ESTABLISH
ADDITIONAL REQUIREMENTS FOR THE WHOLESALE OF FIREWORKS AND
RETAIL SALE OF SPARKLERS; AMENDING SECTION 34-733 ENTITLED
“MASTER USE LIST AND DEFINITIONS”; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN
EFFECTIVE DATE.
Staff Summary:
Background
Item M-1) Quasi-Judicial
Ordinance/First Reading
Wholesale of Fireworks
Page 99 of 116
The City’s current Land Development Regulations (LDRs) were adopted in 2010 as a means to promote
development and stable neighborhoods within the City. Regulations where adopted specific to the
development goals of the City to take advantage of the development opportunities along the major
corridors, large commercial areas, and industrial parks. Periodically, and as needed, amendments are
proposed to the regulations to better direct and achieve the City’s development goals as well as address
code compliance issues that arise.
Current Situation
Proposed are amendments to the City of Miami Gardens Land Development Regulations (LDRs) Section
(s) 34-287 Use regulations, generally, 34-288 Uses permitted with extra requirements, and 34-733
Master use list and use definitions.
The City relies on the use of broader land use categories and performance criteria in the Land
Development Regulations to guide new development and redevelopment that provide for complete
neighborhoods without impacting established residential neighborhoods. Although several
amendments have been made to the City’s LDRs since adoption in 2010, as our current code is applied
to projects discrepancies and conflicts are identified.
The purpose and intent of the amendments are as follows:
Provide clarification of the regulations for better implementation and interpretation of the LDRs;
Offer changes to specific regulations to better focus and guide land development due to the
evolvement of the City’s development goals since the original adoption of the LDRs;
Proposed Action:
Recommend adoption of the Ordinance.
Attachments: Exhibit “A” – Proposed LDR Amendments
Page 100 of 116
Added language is underlined. Deleted language is stricken through.
1
ORDINANCE NO. 2015_____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, AMENDING SECTION
34-287 OF THE LAND DEVELOPMENT CODE TO ALLOW
THE WHOLESALE OF FIREWORKS AS A PERMITTED
USE; PROHIBITING RETAIL SALE OF FIREWORKS;
ALLOWING THE RETAIL SALE OF SPARKLERS AS A
PERMITTED USE; AMENDING 34-288 TO ESTABLISH
ADDITIONAL REQUIREMENTS FOR THE WHOLESALE
OF FIREWORKS AND RETAIL SALE OF SPARKLERS;
AMENDING SECTION 34-733 ENTITLED “MASTER USE
LIST AND DEFINITIONS”; REPEALING ALL ORDINANCES
IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR INCLUSION IN CODE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City’s Land Development Code does not address the
wholesale distribution of fireworks and sparklers, and
WHEREAS, in accordance with Chapter 791 of the Florida Statutes, retail
sale of sparklers and the wholesale of fireworks is permitted in the City, and
WHEREAS, City staff recommends amending the Land Development
Code to allow the retail sale of sparklers and the wholesale of fireworks as a
permitted use in the Industrial Districts,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing
Whereas paragraphs are hereby ratified and confirmed as being true, and the same
are hereby made a specific part of this Ordinance.
Section 2. AMENDMENT: Sections 34-287 of the City Codes of
Ordinances is hereby amended as follows:
Page 101 of 116
Added language is underlined. Deleted language is stricken through.
2
Sec. 34-287. - Use regulations, generally.
***************************************************************************************
Table 1: Permitted Uses
Zoning Districts/Uses R-
1
R-
2
R-15,
R-25,
R-50
NCPCD
TCO
(§
34-
474
OF I-
1
I-
2 PD AU GP
Industrial Type Uses
Wholesale fireworks in
accordance with Section
791.04, Florida Statutes
□ □□ □ □ □ □ PP □ □ □
Fireworks, retail □ □□ □ □ □ □ □□ □ □ □
Sparklers, retail, in
accordance with Section
791.015, Florida
Statutes
□ □□ □ □ □ □ PP □ □ □
Section 3. AMENDMENT: Section 34-288 of the City Codes of
Ordinances is hereby amended as follows:
Sec. 34-288. - Uses permitted with extra requirements.
The extra requirements of this section shall be deemed necessary in order
for uses subject to such requirements to be considered appropriate and
compatible within the applicable zoning districts where such extra requirements
apply.
***************************************************************************************
(43) Wholesale Fireworks. The sale, distribution and manufacture shall
comply with Section 791.04, Florida Statutes, as amended.
(44) Sparklers, Retail. The sale, distribution and manufacture shall comply
with Section 791.015, Florida Statutes, as amended.
Section 4. AMENDMENT: Section 34-733 of the City Codes of
Ordinances is hereby amended as follows:
Page 102 of 116
Added language is underlined. Deleted language is stricken through.
3
Sec. 34-733. - Master use list and use definitions.
(a) This list includes activities customary to the use. Uses not specifically listed
as permitted, or found to the similar or customary with permitted uses, shall
be prohibited.
(b) This use list shall include all those related uses, but shall be limited to the list
of related uses. In the determination of uses not specifically listed, the
administrative official shall make the determination as to the appropriate
category or deem the use prohibited.
(c) The following definitions are provided for convenience. In case of conflict with
the definitions in section 34-288, section 34-288 shall prevail.
APPENDIX A. MASTER USE LIST AND USE DEFINITIONS
Use Related Uses Definition
Industrial uses-light (See
section 34-288 for special
requirements)
Wholesale
fireworks.
Fireworks shall be defined in
accordance with Chapter 791,
Florida Statutes.
Sparklers,
retail.
Sparklers shall be defined in
accordance with Chapter 791,
Florida Statutes.
Section 5. CONFLICT: All ordinances or Code provisions in conflict
herewith are hereby repealed.
Section 6. SEVERABILITY: If any section, subsection, sentence,
clause, phrase or portion of this Ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portions of this Ordinance.
Section 7. INCLUSION IN CODE: It is the intention of the City
Council of the City of Miami Gardens that the provisions of this Ordinance shall
become and be made a part of the Code of Ordinances of the City of Miami
Page 103 of 116
Added language is underlined. Deleted language is stricken through.
4
Gardens and that the section of this Ordinance may be renumbered or relettered
and the word “Ordinance” may be changed to “Chapter,” “Section,” “Article” or
such other appropriate word or phrase, the use of which shall accomplish the
intentions herein expressed.
Section 8. EFFECTIVE DATE: This Ordinance shall become effective
immediately upon its final passage.
PASSED ON FIRST READING ON THE _____ DAY OF __________,
2015.
PASSED ON SECOND READING ON THE ____ DAY OF _________,
2015.
ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF
______________, 2015.
________________________________
OLIVER GILBERT, III, MAYOR
ATTEST:
_________________________________
RONETTA TAYLOR, MMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY
Page 104 of 116
Added language is underlined. Deleted language is stricken through.
5
SPONSORED BY: CAMERON BENSON, CITY MANAGER
Moved by: __________________
Second by: _________________
VOTE: _________
Mayor Oliver Gilbert , III ____ (Yes) ____ (No)
Vice Mayor Felicia Robinson ____ (Yes) ____ (No)
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No)
Councilman David Williams Jr ____ (Yes) ____ (No)
Councilwoman Lisa C. Davis ____ (Yes) ____ (No)
Councilman Rodney Harris ____ (Yes) ____ (No)
Councilman Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No)
Page 105 of 116
Page 1
Sec. 34-287. - Use regulations, generally.
******************************************************************************************************************
Table 1: Permitted Uses
Zoning Districts/Uses R-
1
R-
2
R-15, R-25, R-
50 NCPCD
TCO
(§ 34-
474
OF I-
1
I-
2 PDAUGP
Industrial Type Uses
Wholesale fireworks and
sparklers □ □ □ □□ □ □ P P □□□
Sec. 34-288. - Uses permitted with extra requirements.
The extra requirements of this section shall be deemed necessary in order for uses subject to such
requirements to be considered appropriate and compatible within the applicable zoning districts where
such extra requirements apply.
******************************************************************************************************************
(43) Wholesale Fireworks. The sale, distribution and manufacture shall comply with Section
791.015, Florida Statutes, as amended.
(44) Whoelsale Sparklers. The sale, distribution and manufacture shall comply with Section
791.015, Florida Statutes, as amended.
Sec. 34-733. - Master use list and use definitions.
(a) This list includes activities customary to the use. Uses not specifically listed as permitted, or found to
the similar or customary with permitted uses, shall be prohibited.
(b) This use list shall include all those related uses, but shall be limited to the list of related uses. In the
determination of uses not specifically listed, the administrative official shall make the determination
as to the appropriate category or deem the use prohibited.
(c) The following definitions are provided for convenience. In case of conflict with the definitions in
section 34-288, section 34-288 shall prevail.
APPENDIX A. MASTER USE LIST AND USE DEFINITIONS
Use Related Uses Definition
Industrial uses-
light (See section
34-288 for special
requirements)
Aircraft and aircraft parts
manufacturing.
Apparel and other fabric and similar-
material finished products
manufacturing, not including dyeing,
finishing and coating of textile products.
Page 106 of 116
Page 2
Apparel and other fabric and similar-
material finished products
manufacturing, including dyeing,
finishing and coating of textile products.
Armature rewinding.
Automatic merchandise machine
operators and servicers.
Bag manufacturing.
Bakery products manufacturing.
Beverage manufacturing.
Boat hiring, except pleasure.
Boat livery, except pleasure.
Boat rental commercial.
Boat yards.
Boathouses.
Boats, except pleasure, wholesale.
Boot and shoe cut stock and findings
manufacturing.
Broom and brush manufacturing.
Burial casket manufacturing.
Canned and preserved food specialties
manufacturing.
Canned fruits, vegetables, preserves,
jams and jellies manufacturing.
Carpet and upholstery cleaning
including the following uses:
Carpet cleaning on customers'
premises.
Catering establishments.
Cleaning and maintenance services.
Coin operated music machine
operators.
Coin operated service machine
operators including scales, shoeshine
machines and lockers.
Commercial testing laboratories.
Communication equipment
manufacturing.
Construction, mining and materials
handling machinery and equipment
Page 107 of 116
Page 3
manufacturing.
Convention decoration services.
Converted paper and paperboard
products manufacturing.
Costume jewelry, costume novelties,
buttons, and miscellaneous notions
manufacturing.
Cutlery, hand tools, and general
hardware manufacturing.
Dairy product manufacturing.
Decoration services for special events.
Die-cut paper and paper and paper
products manufacturing.
Direct selling establishments.
Distribution of advertising materials,
including circulars coupons, handbills,
samples and shopping news
publications.
Distribution of telephone and other
directories.
Doll manufacturing.
Dried and dehydrated fruits, vegetables
and soup mixes manufacturing.
Drive away automobile.
Electric and electronic equipment
repair.
Electric lighting and wiring equipment
manufacturing.
Electrical industrial apparatus
manufacturing.
Electrical transmission and distribution
equipment manufacturing.
Electronic components and accessories
manufacturing.
Engine and turbine manufacturing.
Envelope manufacturing.
Equipment rental and leasing service.
Fabricated structural metal products
manufacturing.
Farm and garden machinery and
Page 108 of 116
Page 4
equipment manufacturing.
Farm product warehousing and storage.
Food specialty freezing and related
packing.
Footwear, except rubber,
manufacturing.
Freezer and locker meat provisioners.
Fruit, fruit juice and vegetable freezing
and related packing.
Wholesale fireworks.
Any combustible or explosive composition
or substance or combination of substances
or, except as hereinafter provided, any
article prepared for the purpose of
producing a visible or audible effect by
combustion, explosion, deflagration, or
detonation. The term includes blank
cartridges and toy cannons in which
explosives are used, the type of balloons
which require fire underneath to propel
them, firecrackers, torpedoes, skyrockets,
roman candles, dago bombs, and any
fireworks containing any explosives or
flammable compound or any tablets or
other device containing any explosive
substance, as defined by Section 791.01,
Florida Statutes, as amended.
Furnace and chimney cleaning.
Furniture and fixture manufacturing.
Furniture cleaning on customers'
premises.
Furniture stripping and refinishing.
Games, toys, and children's vehicle
manufacturing, except dolls and
bicycles.
General industrial machinery and
equipment manufacturing, including all
uses listed in SIC group 356.
Page 109 of 116
Page 5
General warehousing and storage.
Glass products from purchased glass
manufacturing.
Grain mill products manufacturing.
Guided missile and space vehicle parts
manufacturing.
Handbags and other personal goods
manufacturing.
Hardwood veneer and plywood
manufacturing.
Heating equipment, except electric and
warm air, and plumbing fixtures
manufacturing.
Household appliance manufacturing.
Ice dealers, retail.
Industrial laundries.
Jeweler's findings, materials and
lapidary work manufacturing.
Jewelry and precious metal products
manufacturing.
Labeling of bottles, cans and other
containers for the trade.
Laundry cleaning and garment services.
Leather gloves and mittens
manufacturing.
Locker rental, off premises.
Luggage manufacturing.
Mail order houses.
Marinas.
Marine basins, renting and operating.
Marine construction services.
Marine salvaging.
Marine supplies (dunnage), wholesale.
Marine supply dealers.
Marine towing.
Marine transportation, deep sea.
Marine transportation, local water,
ferries and lighterage.
Marine transportation, local water,
towing and tugboat service.
Page 110 of 116
Page 6
Marine transportation, rivers and
canals.
Marine wrecking, salvaging and removal
of underwater hazards.
Marine wrecking, ships for scrap. Ship
and boat building and repair.
Measuring, analyzing and controlling
instrument manufacturing;
photographic, medical and optical
goods manufacturing; and watch and
clock manufacturing.
Metal cans and shipping containers
manufacturing.
Metal slitting and shearing.
Metalworking machinery and
equipment manufacturing.
Millwork.
Miscellaneous advertising services
including the following uses:
Bus card advertising.
Car carding services.
Display advertising services, except
outdoor.
Poster advertising services.
Miscellaneous electrical machinery,
equipment and supplies manufacturing.
Miscellaneous fabricated metal
products manufacturing.
Miscellaneous food preparation and
kindled products manufacturing.
Miscellaneous industrial-type business
services including the following uses:
Apparel pressing services, for the trade.
Batik work and other hand painting on
textiles.
Bronzing baby shoes.
Cloth cutting, bolting, or winding.
Cosmetic kit assembling and packaging.
Cotton inspection services.
Cotton sampler service.
Page 111 of 116
Page 7
Embroidering of advertising on shirts.
Exhibit construction services.
Fire extinguishers, service of.
Float construction services.
Folding and refolding textile products.
Hosiery pairing, on a contract or fee
basis.
Human skeleton preparation, on
material owned by others.
Inspection of commodities.
Laminating photographs.
Liquidators of merchandise, contract.
Mannequin service.
Mounting merchandise on cards,
contract.
Outdoor storage facilities for families
and small businesses.
Packaging and labeling services.
Parcel packing services, contract.
Produce weighing services.
Rug binding for the trade.
Sampling of commodities.
Tape slitting for the trade (cutting
plastic, leather, and other tape into
widths).
Textile folding and packing services.
Textile sponging or shrinking for tailors
and dressmakers.
Tobacco sheeting services, contract or
fee.
Weighing foods and other commodities.
Welcome wagon services.
Miscellaneous machinery, except
electrical, manufacturing.
Miscellaneous small item
manufacturing, except not including
dressing of furs or hand grenades.
Miscellaneous small leather goods
manufacturing.
Miscellaneous sporting and athletic
Page 112 of 116
Page 8
goods manufacturing.
Miscellaneous transportation
equipment
manufacturing.Miscellaneous wood
products manufacturing.
Transit advertising services.
Motion picture and television filming
studios.
Motor freight transportation, local and
long distances.
Motor vehicle body manufacturing and
assembly.
Motor vehicle parts and accessory
manufacturing.
Motorcycle, bicycle and parts
manufacturing.
Music distribution service operators and
servicers.
Music instruments manufacturing.
Office computing and accounting
machinery, and equipment
manufacturing.
Ordinance and accessories
manufacturing, but excluding all
ammunition manufacturing.
Outdoor advertising services.
Paints and allied products
manufacturing.
Paper coating and glazing.
Paperboard container and box
manufacturing.
Particle board manufacturing.
Pens, pencils and other office and
artist's materials manufacturing.
Pickled fruits and vegetables, vegetable
sauces and seasoning, and dressing
manufacturing.
Pottery and related products
manufacturing.
Page 113 of 116
Page 9
Poultry and egg processing.
Pressed and molded pulp goods
manufacturing.
Radio and television receiving
equipment manufacturing.
Radio and television repair.
Refrigerated warehousing.
Refrigeration and air conditioning
service and repair.
Refrigerator and service industry
machinery manufacturing.
Salvaging of damaged merchandise.
Sanitary paper products manufacturing.
Sausages and other prepared meat
products manufacturing.
Screw machine products and bolt, nut,
screw, rivet and washer manufacturing.
Ship and boat building and repairing.
Shops or storage yards of building
construction contractors.
Shops or storage yards of gas system
conversion contractors.
Shops or storage yards for lawn and
garden service contractors, including
the following uses:
Garden maintenance contractors.
Garden planting contractors.
Lawn care contract services.
Public right-of-way lawn mowing and
maintenance.
Sprigging service contractors.
Shops or storage yards of special trade
contractors.
Sign painting and lettering shops, but
not including sign manufacturing.
Signs and advertising displays
manufacturing.
Wholesale sparklers.
A device which emits showers of sparks
upon burning, does not contain any
explosive compounds, does not detonate
Page 114 of 116
Page 10
or explode, is handheld or ground based,
cannot propel itself through the air, and
contains not more than 100 grams of the
chemical compound which produces
sparks upon burning. Any sparkler that is
not approved by the division is classified as
fireworks, as defined in Section 791.01,
Florida Statutes, as amended.
Silverware, plated ware, and stainless
steel ware manufacturing.
Softwood veneer and plywood
manufacturing.
Special industry machinery and
equipment, except metal working
machinery and equipment,
manufacturing.
Special warehousing, except for the
following:
Chemical bulk stations and terminals for
hire.
Petroleum bulk stations and terminals
for hire.
Stationery, tablets and related products
manufacturing.
Structural industry machinery and
equipment, except metal working
machinery and equipment,
manufacturing.
Structural wood members
manufacturing.
Sugar and confectionery products
manufacturing.
Swimming pool cleaning and
maintenance service contractors.
Tank and tank component
manufacturing.
Textile mill products manufacturing.
Tire retreading and repair shops.
Tobacco processing and products
manufacturing.
Page 115 of 116
Page 11
Travel trailer and camper
manufacturing.
Truck trailer manufacturing.
Upholstery cleaning on customers'
premises.
Vegetable fat and oil mills, except not
including animal and marine fat and oil
manufacturing.
Water softener services.
Welding repair services.
Window cleaning services.
Window trimming services.
Wood buildings and mobile homes
manufacturing.
Wood containers manufacturing.
Wood kitchen cabinets manufacturing.
Any combination of storage, research,
fabrication, development, and testing of
finished products intended for end users,
rather than for use by other industries for
additional processing; and other uses that
are compatible with adjacent residential
development provided there is basic
landscaping buffering, access control and
architectural treatment of the industrial
development. The determination of
compatibility is based upon an absence of
negative externalities (noise, glare, smoke,
odor, vibration, etc.) detectable by
humans at the edge of the lot containing
the light industrial use.
Page 116 of 116