HomeMy WebLinkAbout03.22.2017 City Council AgendaMarch 22, 2017, City Council Agenda Page 1
CITY OF MIAMI GARDENS
CITY COUNCIL MEETING AGENDA
Meeting Date: March 22, 2017 Miami Gardens, Florida 33056 Next Regular Meeting Date: April 12, 2017 Phone: (305) 914-9010 Fax: (305) 914-9033
Website: www.miamigardens-fl.gov Time: 7:00 p.m.
Mayor Oliver Gilbert Vice Mayor Erhabor Ighodaro, Ph.D. Councilwoman Lillie Q. Odom Councilwoman Lisa C. Davis Councilman Rodney Harris Councilwoman Felicia Robinson Councilman David Williams Jr. City Manager Cameron Benson
City Attorney Sonja K. Dickens, Esq. City Clerk Ronetta Taylor, MMC
Article VII of the Miami Gardens Code entitled, “Lobbyist” requires that all
lobbyists before engaging in any lobbying activities to register with the City
Clerk and pay a one-time annual fee of $250.00. This applies to all persons
who are retained (whether paid or not) to represent a business entity or
organization to influence “City” action. “City” action is broadly described to
include the ranking and selection of professional consultants, and virtually all-
legislative, quasi-judicial and administrative action. All not-for-profit
organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions must also register however an annual fee is not required.
(A) CALL TO ORDER/ROLL CALL:
(B) INVOCATION:
(C) PLEDGE OF ALLEGIANCE:
(D) APPROVAL OF MINUTES:
D-1) Regular City Council Minutes – March 8, 2017
(E) ORDER OF BUSINESS: (Items to be pulled from Consent Agenda at this time)
(F) SPECIAL PRESENTATIONS: (5 minutes each)
F-1) Councilman David Williams Jr., - Science and Engineering Fair Acknowledgements
(G) PUBLIC COMMENTS: (2 minutes each)
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March 22, 2017, City Council Agenda Page 2
(H) ORDINANCE(S) FOR FIRST READING:
H-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 28,
ARTICLE VI, SECTION 28-295 (STANDARDS FOR MAINTENANCE OF VACANT STRUCTURES) OF THE CODE OF ORDINANCES; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY COUNCILMAN DAVID WILLIAMS JR.)
(I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S):
I-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CREATING ARTICLE XV, DIVISION 7 OF CHAPTER 34 OF THE CODE OF ORDINANCES
(“STADIUM ZONING DISTRICT”), TO BE ADMINISTERED BY
THE CITY OF MIAMI GARDENS AND MIAMI-DADE COUNTY;
PROVIDING FOR PERMITTED USES, SETBACKS, LOT SIZE, PARKING, SIGNAGE, AND OTHER REGULATIONS GOVERNING THE DISTRICT; PROVIDING PROCEDURES; PROVIDING FOR
ADOPTION OF REPRESENTATIONS; REPEALING ALL
ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY MAYOR OLIVER GILBERT) (1st Reading – March 8, 2017)
(J) RESOLUTION(S)/PUBLIC HEARING(S):
None
(K) CONSENT AGENDA:
K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE RENEWAL
OF THAT CERTAIN AGREEMENT WITH ASHBRITT, INC., FOR
EMERGENCY DEBRIS REMOVAL AND DISPOSAL SERVICES;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE RENEWAL OF THAT CERTAIN AGREEMENT WITH MAGIC TOWING
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March 22, 2017, City Council Agenda Page 3
AND RECOVERY, INC., FOR TOWING AND STORAGE SERVICES FOR A ONE YEAR PERIOD; PROVIDING FOR THE
ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA; AWARDING A BID TO
ABRAHAM CHEVROLET, DBA, AUTONATION CHEVROLET;
BULL MOTORS, LLC, DBA, AUTONATION FORD; KENWORTH OF SOUTH FLORIDA; PALM TRUCK CENTERS, INC.; PEMBROKE MOTORS, INC., DBA, AUTONATION DODGE; S.S.E.S, INC., DBA, SOUTHERN SEWER EQUIPMENT SALES;
TRUCKMAX, INC.; ATLANTIC COAST AUTOMOTIVE DBA,
UNIVERSITY DODGE; AND VERA CADILLAC BUICK GMC CHEVROLET FOR PARTS AND REPAIRS; AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS ON AN AS NEEDED BASIS NOT TO EXCEED THE ALLOCATED BUDGET
FOR ORIGINAL EQUIPMENT MANUFACTURER PARTS AND
SERVICE REPAIRS; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
K-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO RENEW THAT CERTAIN AGREEMENT WITH FLEET TIRE TRUCK AND AUTO, AUTONATION FORD, AND LEHMAN BUICK GMC, FOR
PREVENTATIVE MAINTENANCE SERVICES AND REPAIRS;
AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS NOT TO EXCEED THE ALLOCATED BUDGET AMOUNT; PROVIDING FOR THE ADOPTION OF REPRESENTATION; PROVIDING AN EFFECTIVE DATE.
(SPONSORED BY THE CITY MANAGER)
K5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA; AWARDING A BID TO CONBUILD, LLC., FOR RENOVATIONS; AUTHORIZING THE
CITY MANAGER TO ISSUE PURCHASE ORDERS IN AN
AMOUNT NOT TO EXCEED FIFTY-SEVEN THOUSAND NINE HUNDRED NINETY-SEVEN DOLLARS AND FORTY CENTS ($57,997.40) FOR THIS SERVICE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN
EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
(L) RESOLUTION(S) None
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March 22, 2017, City Council Agenda Page 4
QUASI-JUDICIAL ZONING HEARINGS/JENNINGS
DISCLOSURE:
(M) ORDINANCES ON FOR FIRST READING/PUBLIC
HEARING(S):
None
(N) ORDINANCES ON FOR SECOND READING/PUBLIC HEARING(S)
N-1) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION
FOR THE REZONING OF THE PACE HIGH SCHOOL AND
MARIAN CENTER PROPERTY, LOCATED AT 15600 NW 32ND
AVENUE AND 15701 NW 37TH AVENUE, MIAMI GARDENS, FLORIDA MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO, FROM AU, AGRICULTURAL AND
UTILITIES TO PD, PLANNED DEVELOPMENT; PROVIDING
FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL
ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT CODE; PROVIDING FOR AN
EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
(SPONSORED BY THE CITY MANAGER) (1st Reading – February
22, 2017) (O) RESOLUTION(S)/PUBLIC HEARING(S)
O-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA APPROVING THE SPECIAL
EXCEPTION APPLICATION SUBMITTED BY INTERNATIONAL EQUIPMENT SALES, LLC, TO ALLOW THE SELLING OF PRE-OWNED REFRIGERATED TRUCKS AND TRAILERS WITHIN THE LIGHT INDUSTRIAL DISTRICT (I-1), FOR THE
PROPERTY LOCATED AT 15290 N.W. 34TH AVENUE, MORE
PARTICULARLY DESCRIBED ON EXHIBIT “A’ ATTACHED HERETO, SUBJECT TO THE CONDITIONS LISTED IN THE DECLARATION OF RESTRICTIONS ATTACHED HERE TO AS EXHIBIT “C; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
(SPONSORED BY THE CITY MANAGER) O-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA APPROVING THE SPECIAL
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March 22, 2017, City Council Agenda Page 5
EXCEPTION APPLICATION SUBMITTED BY REAL ESTATE HOLDINGS, INC., TO ALLOW VEHICLE SALES—USED
AUTOMOBILES WITHIN THE PCD-PLANNED CORRIDOR
DEVELOPMENT DISTRICT FOR THE PROPERTY LOCATED AT 1313 NW 167TH STREET; MORE PARTICULARLY DESCRIBED ON EXHIBIT “A’ ATTACHED HERETO, SUBJECT TO THE CONDITIONS LISTED IN THE DECLARATION OF
RESTRICTIONS ATTACHED HERE TO AS EXHIBIT “C;
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)
(P) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK
P-1) City Manager’s Quarterly Report
P-2) Miami-Dade Fire Rescue Report (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 N W 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: March 22, 2017 Item Type:
(Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box) Yes No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
X Public Hearing:
(Enter X in box)
Yes No Yes No
Funding Source: General Fund Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:
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)
Sponsor Name David Williams, Jr. Councilman
Department: Office of the Mayor & Council
Short Title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, AMENDING CHAPTER 28, ARTICLE VI,
SECTION 28-295 (STANDARDS FOR MAINTENANCE OF VACANT STRUCTURES) OF THE CODE OF ORDINANCES; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES
IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE.
Staff Summary:
Chapter 28, Article VI, Section 28-295 of the City’s Code of Ordinances establishes the standards for
maintenance and appearance of vacant structures and vacant premises. Section 28-295, requires vacant
structures be secure at all times.
Item H-1) Ordinance
First Reading
Maintenance of Vacant Properties
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18605 N W 27th Avenue
Miami Gardens, Florida 33056
Councilman David Williams, Jr., is recommending the City Council amend Chapter 28, Article VI, Section
28-295 of the City’s Code of Ordinances to require owners or operators of a vacant or abandoned
property is deemed commercial property and remains vacant or abandoned after six (6) months to erect
fences along the parameter of the property to prevent unauthorized entry of persons, animals, or other
elements
Proposed Action:
That the City Council approves the Ordinance.
Attachment:
None.
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1
ORDINANCE NO. 2017_____ 1 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY 3
OF MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 4
28, ARTICLE VI, SECTION 28-295 (STANDARDS FOR 5 MAINTENANCE OF VACANT STRUCTURES) OF THE 6 CODE OF ORDINANCES; PROVIDING FOR ADOPTION 7
OF REPRESENTATIONS; REPEALING ALL ORDINANCES 8
IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; 9
PROVIDING FOR INCLUSION IN CODE; PROVIDING AN 10 EFFECTIVE DATE. 11 12
WHEREAS, Chapter 28, Article VI, Section 28-295 of the City’s Code of 13
Ordinances establishes the standards for maintenance and appearance of 14
vacant structures and vacant premises, and 15
WHEREAS, Section 28-295, requires vacant structures be secure at all 16
times, and 17
WHEREAS, Councilman David Williams, Jr., is recommending the City 18
Council amend Chapter 28, Article VI, Section 28-295 of the City’s Code of 19
Ordinances to require owners or operators of a vacant or abandoned commercial 20
property to erect fences along the parameter of the property to prevent 21
unauthorized entry of persons, animals, or other elements, 22
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 23
THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 24
Section 1. ADOPTION OF REPRESENTATIONS: The foregoing 25
Whereas paragraphs are hereby ratified and confirmed as being true, and the same 26
are hereby made a specific part of this Ordinance. 27
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2
Section 2. AMENDMENT: Chapter 28, Article VI, Section 28-295 of the 28
City’s Codes of Ordinances is hereby amended as follows: 29
Sec. 28-295. - Standards for maintenance and appearance of vacant 30 structures and vacant premises. 31 32
Every vacant structure and vacant premises shall comply with the 33
following requirements: 34
35 (1) Every foundation wall shall be structurally sound, reasonably 36 rodentproof, and maintained in good repair. 37
(2) Exterior walls and roofs shall be kept in good repair. 38
(3) Windows and exterior doors shall be weathertight, watertight and 39
rodentproof and shall be maintained in good condition. 40 (4) All exterior areas that show evidence of rot or other deterioration shall 41 be repaired or replaced. 42
(5) Every exterior stairway, porch and appurtenance shall be maintained 43
in good repair. 44
(6) All exterior surfaces subject to deterioration shall be properly 45 maintained and protected from the elements by paint or other 46 approved protective coating applied in a workmanlike fashion. 47
(7) Every utility connection shall be free from defects, disconnected, 48
removed or otherwise made safe. 49
(8) Vacant dwelling units shall be provided with utility connections for the 50 following type of facility: an installed nonportable cooking facility 51 which shall not be capable of being carried easily by one person and 52
which shall have at least two top burners. 53
(9) Every plumbing fixture, waterpipe, wastepipe, and drain shall be free 54
from defects, leaks, and obstructions. 55 (10) Exterior premises shall be kept free from the excessive growth 56 of weeds, grass, and other flora. The term "excessive growth" shall 57
mean growth which is detrimental to the public health, safety, and 58
welfare and which generally detracts from the appearance of the 59
neighborhood. 60 (11) Vacant housing structures shall be weathertight, watertight, 61 clean, sanitary, and free from infestation, rubbish, and garbage. 62
(12) Vacant structures shall be secure at all times. The owner or 63
operator of any vacant structure found unguarded and open as 64
aforesaid shall be given notice of such violation by the enforcing 65 officer unless enforcement action is initiated by the building official in 66 accordance with the provisions of the Florida Building Code, in which 67
case notice of the violation will be provided as required therein. The 68
notice shall require immediate action to secure and seal the vacant 69
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3
structure in a manner that abates temporarily the unsafe conditions 70 by using concrete blocks, storm shutters, or other materials of the 71
same durability as determined by the code enforcement officer and 72
construction methods which are in keeping with good workmanship 73
and appearance, and are otherwise in compliance with the Florida 74 Building Code. In no event shall a vacant structure remain secured by 75 the use of concrete blocks, storm shutters, or similar materials for a 76
period exceeding 180 days as that period may be extended pursuant 77
to the Florida Building Code. Prior to the expiration of the stated 78
period, the vacant structure must be completed and brought into full 79 compliance with the Florida Building Code. Failure to comply with this 80 requirement shall constitute a violation of this section. Swimming 81
pools are to be secured by filling in with sand, or by fencing or by 82
using another approved method as determined by the code 83
enforcement officer. Vacant structures temporarily ordered secured 84 as provided aforesaid shall not be used or occupied until written 85 approval is given by the enforcing agency. The provisions of this 86
section shall be complementary to, and not in derogation of, the 87
provisions of the Florida Building Code relating to unsafe structures. 88
(13) All windows, doors, gates, fences or any other opening of such 89 size that may allow access of persons, animals, or other elements, to 90 the interior of the property, building or structure shall be secured, 91
locked, closed, or maintained in such a manner so as to prevent 92
unauthorized entry and create an attractive nuisance. 93
(14) If the property is deemed commercial property and remains 94 vacant or abandoned after six (6) months, the owner or operator of 95 the vacant or abandoned commercial property shall erect fencing 96
along the parameter of the property to prevent unauthorized entry of 97
persons, animals, or other elements. 98
99 Section 3. CONFLICT: All ordinances or Code provisions in conflict 100
herewith are hereby repealed. 101
Section 4. SEVERABILITY: If any section, subsection, sentence, 102
clause, phrase or portion of this Ordinance is for any reason held invalid or 103
unconstitutional by any court of competent jurisdiction, such portion shall be 104
deemed a separate, distinct and independent provision and such holding shall 105
not affect the validity of the remaining portions of this Ordinance. 106
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Section 5. INCLUSION IN CODE: It is the intention of the City 107
Council of the City of Miami Gardens that the provisions of this Ordinance shall 108
become and be made a part of the Code of Ordinances of the City of Miami 109
Gardens and that the section of this Ordinance may be renumbered or relettered 110
and the word “Ordinance” may be changed to “Chapter,” “Section,” “Article” or 111
such other appropriate word or phrase, the use of which shall accomplish the 112
intentions herein expressed. 113
Section 6. EFFECTIVE DATE: This Ordinance shall become effective 114
immediately upon its final passage. 115
PASSED ON FIRST READING ON THE _____ DAY OF __________, 116
2017. 117
PASSED ON SECOND READING ON THE ____ DAY OF _________, 118
2017. 119
ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF 120
MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF 121
______________, 2017. 122
123
________________________________ 124
OLIVER GILBERT, III, MAYOR 125 126 127
128
ATTEST: 129
130 131 _________________________________ 132
RONETTA TAYLOR, MMC, CITY CLERK 133
134
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135 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 136
137
138
SPONSORED BY: COUNCILMAN DAVID WILLIAMS JR. 139 140 141
Moved by: __________________ 142
Second by: _________________ 143
144 VOTE: _________ 145 146
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 147
Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 148
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 149 Councilman Rodney Harris ____ (Yes) ____ (No) 150 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 151
Councilwoman Felicia Robinson ____ (Yes) ____ (No) 152
Councilman David Williams Jr ____ (Yes) ____ (No) 153
154
155
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: March 22, 2017 Item Type:
(Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact:
(Enter X in box) Yes No Ordinance Reading:
(Enter X in box)
1st Reading 2nd Reading
X
X Public Hearing:
(Enter X in box)
Yes No Yes No
x
Funding Source: N/A Advertising Requirement:
(Enter X in box)
Yes No
X
Contract/P.O. Required:
(Enter X in box)
Yes No RFP/RFQ/Bid #:
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)
Sponsor Name Oliver Gilbert III, Mayor
Department: Office of the Mayor & Council
Short Title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, CREATING ARTICLE XV, DIVISION 7 OF
CHAPTER 34 OF THE CODE OF ORDINANCES (“STADIUM ZONING DISTRICT”), TO BE ADMINISTERED BY THE CITY OF MIAMI GARDENS AND MIAMI-DADE COUNTY; PROVIDING FOR PERMITTED
USES, SETBACKS, LOT SIZE, PARKING, SIGNAGE, AND OTHER
REGULATIONS GOVERNING THE DISTRICT; PROVIDING
PROCEDURES; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE;
PROVIDING AN EFFECTIVE DATE.
Staff Summary:
Item I-1) Ordinance
Second Reading/Public Hearing
Stadium Rezoning
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
The City and the County executed a Settlement Agreement, approved by the Board of County
Commissioners and the City Council by Resolution No. 2016-113-3012 between the City, the County, the
owners of certain properties surrounding Hard Rock Stadium, and the operator of Hard Rock Stadium
(the “Settlement Agreement”). As part of this Settlement Agreement, the City of Miami Gardens
presented an amendment to the City’s Charter to the City’s electorate for approval, and that
amendment was approved by the electorate of the City in August 2016. The Settlement Agreement and
the amendment to the City’s Charter require a zoning ordinance for the Stadium Properties that would
be adopted by both the County and the City. That is the purpose of this item. There is also a companion
item to this Ordinance that will change the actual zoning on the property.
The intent of this ordinance is to generally carry forward the allowable uses under the current zoning
district for the Stadium Properties, with certain limitations and exceptions, and in a form which allows
for ease of use by the City and the County, as applicable, consistent with the procedures provided for in
the Ordnance.
Proposed Action:
That the City Council adopt the attached Ordinance.
Attachment:
None.
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ORDINANCE NO. _______ 1
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI 2
GARDENS, FLORIDA, CREATING ARTICLE XV, DIVISION 7 OF 3
CHAPTER 34 OF THE CODE OF ORDINANCES (“STADIUM 4 ZONING DISTRICT”), TO BE ADMINISTERED BY THE CITY OF 5 MIAMI GARDENS AND MIAMI-DADE COUNTY; PROVIDING FOR 6
PERMITTED USES, SETBACKS, LOT SIZE, PARKING, SIGNAGE, 7
AND OTHER REGULATIONS GOVERNING THE DISTRICT; 8
PROVIDING PROCEDURES; PROVIDING FOR ADOPTION OF 9 REPRESENTATIONS; REPEALING ALL ORDINANCES IN 10 CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING 11
FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. 12
WHEREAS, the City of Miami Gardens (the “City”) was incorporated in 2003, and as a 13
part of that incorporation process, the Board of County Commissioners (the “Board”) placed the 14
proposed City’s Charter before the electorate in the area now known as the City of Miami 15
Gardens, and 16
WHEREAS, Section 9.6 of the City’s Charter contained certain pre-agreed conditions 17
related to jurisdiction over the facility currently known as Hard Rock Stadium and certain 18
properties surrounding Hard Rock Stadium, as described in Appendix C to the City’s Charter 19
(“Appendix C”)(“Stadium Properties”), including preservation of County development approvals 20
set forth in Development of Regional Impact Development Order Resolution No. Z-210-85, as 21
amended, and 22
WHEREAS, in 2014, the City sued the County in an effort to establish and enforce its 23
right to exercise greater jurisdiction over the Stadium Properties, and 24
25
26
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2
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WHEREAS, the City and the County executed a settlement agreement, approved by the 27
Board of County Commissioners and the City Council by Resolution No. 2016-113-3012 28
between the City, the County, the owners of certain properties surrounding Hard Rock Stadium, 29
and the operator of Hard Rock Stadium (the “Settlement Agreement”), and 30
WHEREAS, as part of this Settlement Agreement, the City of Miami Gardens presented 31
an amendment to the City’s Charter to the City’s electorate for approval, and that amendment 32
was approved by the electorate of the City in August 2016, and 33
WHEREAS, the Settlement Agreement and the amendment to the City’s Charter require 34
a zoning ordinance for the Stadium Properties that would be adopted by both the County and the 35
City, and 36
WHEREAS, the City will adopt a companion item to this Ordinance creating the zoning 37
district to the specific property; and 38
WHEREAS, the intent of this ordinance is to generally carry forward the allowable uses 39
under the current zoning district for the Stadium Properties, with certain limitations and 40
exceptions, and in a form which allows for ease of use by the City and the County, as applicable, 41
consistent with the procedures provided for herein, 42
NOW, THEREFORE, BE IT ORDAINED 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 made a 46
specific part of this Ordinance. 47
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Section 2: CREATION OF ARTICLE: Article XV, Division 7 of Chapter 34 48
of the Miami Gardens Code of Ordinances is hereby created to read as follows: 49
50
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ARTICLE XV. - DIVISION 7 - STADIUM ZONING 51
ORDINANCE – S, STADIUM DISTRICT 52
Sec. 34-601. Short title. 53
This article shall be known and may be cited as the “Stadium 54
Zoning Ordinance.” 55
56
Sec. 34-602. Purpose, intent, and applicability. 57
1. This article applies to the area bounded by N.W. 203rd 58
Street on the north, the Florida Turnpike on the east, N.W. 59
195th Street on the south, and N.W. 27th Avenue on the 60
west, hereinafter referred to as the Stadium District (S 61
District). A more detailed legal description of this boundary 62 is maintained on file with the Miami-Dade County 63
Department of Regulatory and Economic Resources or 64
successor entity (the “County Department”) and with the 65
City of Miami Gardens Planning and Zoning Department 66
(the “City Planning and Zoning Department”). 67
2. The purpose of the S District is to provide for a wide range 68
of large-scale commercial, institutional, residential, 69
attraction and other uses, including a regional stadium 70
facility. The regulations for the S District shall be 71
administered primarily by the City of Miami Gardens and 72 also Miami-Dade County, as provided in the Procedures 73
section of this article. The intent of the S District is to 74
generally carry forward the allowable uses under the prior 75
zoning district, with the exceptions and limitations 76
specified herein, in a format that may be administered by 77 the City and the County, as applicable and as provided 78
herein. Certain cross-references to the City of Miami 79
Gardens Code and to the Code of Miami-Dade County are 80
included in this article to clarify the applicable procedures 81
and provisions; all references to the “City” shall refer to the 82 City of Miami Gardens, and all references to the “County” 83
shall refer to Miami-Dade County. Nothing herein shall 84
create an exception to or otherwise vary any Countywide 85
regulations that otherwise exist pursuant to the Code of 86
Miami-Dade County, the Miami-Dade Comprehensive 87 Development Master Plan, or the Miami-Dade County 88
Home Rule Charter. 89
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3. Sub-Districts. The S District is comprised of two sub-90
districts: the Stadium Inner Sub-District and the Stadium 91 Outer Sub-District. These Sub-Districts control land use 92
and intensity of development that may take place. Unless 93
otherwise specified in this article, the regulations herein 94
apply to both Stadium Sub-Districts. 95
96
4. Sub-District Plan. The Sub-District Plan (Figure 1), shows 97
the boundaries of the S District and the Sub-Districts and 98
may be used to better interpret this article. Where there is 99
conflict between the Sub-District Plan and the text of this 100
article, the text shall govern. Full-scale maps of the Plan, 101 and the boundaries of the sub-districts, are on file with the 102
County Department and the City Planning and Zoning 103
Department. 104
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Figure 1: S District, Sub-District Plan 105
106
107
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108
Sec. 34-603. Uses permitted. 109
No land, body of water and/or structure shall be used or permitted 110
to be used, and no structure shall be hereafter erected, constructed, 111
reconstructed, moved, occupied or maintained for any purpose in 112
the S District except for one or more of the following uses, subject 113
to the prohibited uses enumerated in subsection (18) below: 114
1. Accommodation Uses: Facilities that provide short-term 115
lodging, including hotels, motels, rooming houses, bed and 116
breakfasts, and similar uses. 117
2. Automotive Uses: Sales of new and used automobiles (not 118
including open lot car sales new or used); automotive 119 shows, races, and exhibitions; and gas stations or other 120
form of stations used for the powering/charging of 121
automobile vehicles. Upon approval as a Special Exception 122
by the City, pursuant to Section 34-48 of the City Code, the 123
following uses may also be permitted: establishments 124 specializing in the service or repair of automobiles; 125
automobile tire sales and replacement; and automobile 126
parts sales and installation. For auto service, auto repair or 127
drive-throughs to be located within .25 miles of a premium 128
transit corridor or premium transit station, administrative 129 site plan approval shall be required to assure that the 130
proposed site plan is conducive to public transit ridership. 131
3. Child Care Facilities: Institutions that provide child care 132
and/or instruction from the infant level through the 133
secondary school level and that do not come under the 134 direct operation and administration of the Miami-Dade 135
County School Board or the State of Florida. 136
4. Civic Uses: Uses that are accessible to the public and serve 137
the religious, recreational, educational, cultural, and/or 138
governmental needs of the community. Civic uses include, 139 but are not limited to: convention halls or meeting halls; 140
private clubs; post offices; clubhouses; religious buildings; 141
museums; athletic facilities (e.g. stadiums, arenas, fitness 142
centers, fields, etc.); auditoriums, theaters, and other visual 143
and performance arts buildings; and governmental 144 facilities. 145
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5. Private Colleges/Universities: Facilities that serve the 146
educational needs of the adult population. This group shall 147 include universities; colleges; commuter colleges; and trade 148
schools. 149
6. Commercial Parking: Structures and/or surface lots that 150
provide parking as the primary on-site use. These facilities 151
offer short-term parking of vehicles and may charge a fee 152 for such use. This group includes: shared parking facilities; 153
shuttle parking facilities; and transit park-and-ride 154
facilities. This group shall not include parking facilities that 155
are ancillary to another on-site use. 156
7. Health Care Services: Facilities that provide out-patient 157 health care services to the local community. These facilities 158
shall include: clinics; doctor's office; dentist's offices; 159
federally qualified health centers; urgent care facilities; 160
diagnostic centers, including sleep centers; and similar 161
uses. These facilities shall not provide in-patient care. 162
8. Entertainment Uses: Uses in this group shall include: 163
nightclubs; arcades; movie theaters; performance theaters; 164
radio, movie and/or television studios; billiard halls; 165
skating rinks; bingo halls; piano bars; bowling alleys; and 166
similar uses. 167
9. Food/Beverage Establishments (with or without a drive-168
through): This group shall include: full service restaurants; 169
fast food restaurants; and breweries, distilleries, bars and 170
pubs, including tap rooms and tasting rooms for such 171
breweries and distilleries. For drive-through restaurants to 172 be located within .25 miles of a premium transit corridor or 173
premium transit station, administrative site plan approval 174
shall be required to assure that the proposed site plan is 175
conducive to public transit ridership. 176
10. General Retail/Personal Service Establishments: 177 Establishments that provide goods and services geared 178
toward an individual consumer, with or without a drive-179
through. This group shall include businesses such as: 180
banks; beauty parlors; bakeries; bookstores; apparel stores; 181
grocery stores; pharmacies; tailor shops; health clubs; gift 182 shops; and indoor pet care centers. This group shall also 183
include schools offering instruction in dance, music, 184
martial arts, and similar activities, but this group shall not 185
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include colleges/universities. For drive-through 186
establishments to be located within .25 miles of a premium 187 transit corridor or premium transit station, administrative 188
site plan approval shall be required to assure that the 189
proposed site plan is conducive to public transit ridership. 190
11. Live/work Unit: An individual residential unit integrated 191
with a general retail/personal service establishment, 192 professional business office, or workshop. 193
12. Professional Business Offices: Facilities used primarily for 194
the business of professionals with only limited transactions 195
occurring on-site. This group shall include offices for: 196
accountants; architects; appraisers; attorneys; consulates; 197 financial firms; insurance adjusters; realtors; medical 198
offices; and other similar uses. 199
13. Residential Uses: Rowhouses and multifamily residential 200
uses. 201
14. Workshop: an enclosed workplace on the ground floor area 202 of a building used as an office or for the manufacturing of 203
artifacts and crafts, utilizing only hand held or table-204
mounted electrical tools. 205
15. To the extent not otherwise permitted in this section, all 206
uses permitted in the PCD District and the Entertainment 207 Overlay (EO) District, as provided in sections 34-287 208
through 288 and sections 34-598 through 600 of the City 209
Code, as such may be amended from time to time. 210
16. To the extent not otherwise permitted in this section, all 211
uses authorized as special exceptions within the PCD 212 District, as provided in the City Code, subject to the City’s 213
special exception approval requirements and procedures. 214
17. Such other uses as may be determined to be similar to those 215
enumerated above by the Director of the City Planning and 216
Zoning Department. 217
18. Notwithstanding the foregoing, the following uses are not 218
permitted within the S District: 219
(a) Adult day care centers 220
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(b) Agricultural uses 221
(c) Attended nonmotorized donation collection vehicles 222
(d) Bait and tackle shops 223
(e) Boats carrying passengers on excursion, 224
sightseeing, pleasure or fishing trips 225
(f) Dairy stores 226
(g) Jewelry loan centers or pawnbrokers 227
(h) Mail order offices, without storage of products sold 228
(i) Medical observation dormitories, other than sleep 229
centers 230
(j) Propagating and growing plants for sale 231
232
Sec. 34-604. Setbacks. 233
The following setbacks shall apply in the S District: 234
1. Front – 20 feet 235
2. Side street – 15 feet 236
3. Interior side – Shall apply only to business or industrial 237 uses. The wall along the side property line shall be 238
constructed in accordance with the Florida Building Code. 239
Interior side setbacks shall be: 240
(a) 5 feet where any openings are provided in the wall of the 241
proposed structure, adjacent to the interior side property lot 242 line; 243
(b) 10 feet for such portions of the business structure as are 244
devoted to residential use; and 245
(c) 15 feet where the adjacent property is zoned single-family 246
residential, pursuant to the City’s zoning regulations. 247
4. Rear – Rear setbacks shall be: 248
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(a) 20 feet from a residential district boundary, except 249
that credit shall be given for the full width of 250 dedicated alleys in computing this setback. 251
(b) 5 feet from a business or industrial district 252
boundary, pursuant to the City’s zoning regulations, 253
or from other S District property, where any 254
openings are provided in wall of proposed structure, 255 adjacent to rear lot line. 256
(c) 0 feet from business or industrial district boundary, 257
pursuant to the City’s zoning regulations, or from 258
other S District property, where no openings are 259
proposed in wall of proposed structure, adjacent to 260 rear lot line. 261
(d) Accessory buildings shall be subject to the same 262
setbacks as principal structures. 263
5. Between buildings – 20 feet. 264
6. A building containing residential uses or mixed residential-265 business uses shall comply with setbacks required for the 266
equivalent residential district pursuant to the City’s zoning 267
regulations. 268
269
Sec. 34-605. Lot Size. 270
1. Minimum lot frontage – 50 feet; but 75 feet for a corner lot 271
2. Minimum lot area – 5,000 square feet; but 7,500 square feet 272
for a corner lot 273
274
Sec. 34-606. Height, floor area ratio and lot coverage. 275
The permitted height, density, and intensity of development within 276
the S District shall be as set forth within the City of Miami 277
Gardens Comprehensive Plan; provided, however, that until the 278
City of Miami Gardens Comprehensive Plan is amended to permit 279
floor area ratios higher than 3.0, the floor area ratio for the S 280 District shall be 3.0. Mall areas, whether enclosed or unenclosed, 281
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shall not count as part of the floor area for floor area ratio 282
computation purposes, nor as part of the lot coverage. 283
Sec. 34-607. Signage. 284
Signage within the S District shall be as provided for BU Districts 285
in Chapter 34, Article VI of the Code of Miami-Dade County, as 286
such may be amended from time to time, subject to the following: 287
1. Class C billboards, as defined in the Code of Miami-Dade 288 County, shall not be permitted. 289
2. Internally-oriented directional and internally-oriented 290
wayfinding signs for the stadium may be permitted without 291
limitation as to the number, size, location, setback, or 292
height of such signs, provided, however, that any such 293 signs shall be consistent with the customary height and 294
size limits of the directional and wayfinding signs for the 295
stadium. In addition, all such signs shall comply with all 296
other applicable requirements, including but not limited to 297
applicable City or County Public Works regulations and the 298 Americans with Disabilities Act. No minimum number of 299
buildings is required for such signage. Such signs may 300
include a stadium or sponsor logo, provided that the logo 301
does not exceed 75% of the area of the sign. 302
303
Sec. 34-608. Off-Street Parking. 304
Minimum number of off-street parking spaces for the following 305
uses within the S District shall be as provided in this section. For 306
all other uses, the minimum number of off-street parking spaces 307
shall be as set forth in Chapter 34, Article XII of the City Code. 308
1. Rowhouses and multi-family: 309
(a) 1.50 parking spaces for each guest room, efficiency, 310
or 1-bedroom unit. 311
(b) 1.75 parking spaces for each 2-bedroom unit. 312
(c) 2.0 parking spaces for each 3- or more bedroom 313 unit. 314
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2. Churches. At least 1 parking space for each 100 square feet 315
or fractional part thereof of the seating area in the main 316 auditorium/sanctuary, including adjacent areas which may 317
be used as part of the auditorium/sanctuary. 318
3. Commercial: 319
(a) Retail – Food or grocery stores, drug and sundry 320
stores, department stores, membership warehouses, 321 retail stores, retail stores similar to the foregoing, 322
banks, post offices, mortuaries, funeral homes, 323
waiting rooms stations for common carriers, and 324
shopping centers shall have parking at a rate of 1 325
parking space for each and every 250 square feet of 326 the gross floor area or fractional part thereof. All 327
retail uses within enclosed malls in excess of 328
300,000 square feet shall provide parking at the rate 329
of 1 parking space for each and every 350 square 330
feet of the gross floor area or fractional part thereof, 331 excluding theaters, restaurants, and food courts, 332
which shall provide parking as required for such 333
uses. 334
(b) Auto dealership showrooms, garage and gas station 335
bay areas, and similar uses shall have 3 parking 336 spaces for the first 2,500 square feet of floor area, or 337
fractional part thereof, and 1 parking space for each 338
additional 500 square feet of gross floor area, or 339
fractional part thereof, plus 3 parking spaces for 340
each 5,000 square feet, or fractional part thereof, of 341 open lot area. Office and retail parts areas shall have 342
parking spaces as otherwise contained in this article. 343
Customer and employee parking shall be labeled as 344
such. 345
(c) Furniture showrooms shall have 3 parking spaces 346 for the first 2,500 square feet of gross floor area, or 347
fractional part thereof, and 1 parking space for each 348
additional 500 square feet of gross floor area or 349
fractional part thereof. 350
(d) Open lot commercial uses such as, but not limited 351 to, used car lots, storage yards, and recreational 352
vehicle sales lots shall have 5 off-street parking 353
spaces for the first 5,000 square feet of net lot area, 354
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or fractional part thereof and 1 parking space for 355
each additional 500 square feet of net lot area so 356 used. These spaces shall be reserved for customer 357
and employee parking only, and shall be labeled as 358
such. 359
(e) Wholesale showrooms shall have 1 parking space 360
for each 600 square feet of showroom area, or 361 fractional part thereof. 362
4. Restaurants, lounges, nightclubs, or similar places 363
dispensing food, drink or refreshments. 364
(a) Table service establishments shall have 1 parking 365
space for each 100 square feet of floor area or 366 fractional part thereof devoted to patron use. 367
(b) Take-out establishments shall have 1 parking space 368
for each 250 square feet of gross floor area, or 369
fractional part thereof. 370
5. Stadiums shall have at least 1 parking space for each 6 371 seats. 372
6. Theaters, including movie theaters, and general auditoriums 373
shall have 1 parking space for each 100 square feet of 374
auditorium seating area or fractional part thereof. 375
7. Office, medical offices, medical clinics, professional 376 building, or similar uses shall have 1 parking space for each 377
300 square feet of gross floor area of such building or 378
fractional part thereof. 379
8. Housing for low and/or moderate income for older persons 380
and/or persons with disabilities. 381
(a) For any publicly owned or non-profit apartment 382
building exceeding 4 units providing housing for 383
elderly persons or persons with disabilities that is 384
developed and financially assisted under the United 385
States Housing Act of 1937, 0.50 parking spaces 386 shall be provided for each dwelling unit in the 387
apartment building. 388
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(b) For any other apartment building exceeding 4 units 389
providing low and/or moderate income housing for 390 older persons as defined by the Fair Housing Act, 391
42 U.S.C. § 3607, 1 parking space shall be provided 392
for each dwelling unit in the apartment building. 393
(c) If it is determined by the Director of the City 394
Department at the time of annual renewal of 395 certificate of use that the parking reduction 396
permitted pursuant to subsections (1) or (2) above 397
does not allow adequate parking for the apartment 398
building, the owner must increase the number of 399
parking spaces to fulfill the needs as determined by 400 the Director of the City Planning and Zoning 401
Department. 402
Sec. 34-609. Declaration of restrictive covenant, procedures 403
for the City of Miami Gardens. 404
The following procedures shall apply with respect to the City of 405 Miami Gardens for the S District, and all references to 406
administrative officials and departments shall be interpreted to 407
refer to the City of Miami Gardens: 408
1. In lieu of a unity of title, the City may impose a condition 409
of approval requiring a declaration of restrictive covenants. 410 Such declaration of restrictive covenants shall be on an 411
approved legal form and approved by the City Attorney for 412
sufficiency. The declaration of restrictive covenants shall 413
run with the land and be binding upon the heirs, successors, 414
personal representatives, and assigns, and upon all 415 mortgagees and lessees and others presently or in the future 416
having any interest in the property. 417
2. The declaration shall contain, but not be limited to, the 418
following necessary elements: 419
(a) That the subject site will be developed in substantial 420 accordance with the approved site plan. That if the 421
subject property will be developed in phases, that 422
each phase will be developed in substantial 423
accordance with the site plan. 424
(b) That in the event of multiple ownerships subsequent 425 to site plan approval, that each of the subsequent 426
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owners shall be bound by the terms, provisions and 427
conditions of the declaration of restrictive 428 covenants. The owner shall further agree that he or 429
she will not convey portions of the subject property 430
to such other parties unless and until the owner and 431
such other party shall have executed and mutually 432
delivered, in recordable form, an instrument to be 433 known as an "easement and operating agreement" 434
which shall contain, among other things: 435
i. Easements in the common area of each 436
parcel for ingress to and egress from the 437
other parcels; 438
ii. Easements in the common area of each 439
parcel for the passage and parking of 440
vehicles; 441
iii. Easements in the common area of each 442
parcel for the passage and accommodation 443 of pedestrians; 444
iv. Easements for access roads across the 445
common area of each parcel to public and 446
private roadways; 447
v. Easements for the installation, use, 448 operation, maintenance, repair, replacement, 449
relocation and removal of utility facilities in 450
appropriate areas in each such parcel; 451
vi. Easements on each such parcel for 452
construction of buildings and improvements 453 in favor of each such other parcel; 454
vii. Easements upon each such parcel in favor of 455
each adjoining parcel for the installation, 456
use, maintenance, repair, replacement and 457
removal of common construction 458 improvements such as footings, supports and 459
foundations; 460
viii. Easements on each parcel for attachment of 461
buildings; 462
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ix. Easements on each parcel for building 463
overhangs and other overhangs and 464 projections encroaching upon such parcel 465
from adjoining parcel such as, by way of 466
example, marquees, canopies, lights, 467
lighting devices, awnings, wing walls and 468
the like; 469
x. Appropriate reservation of rights to grant 470
easements to utility companies; 471
xi. Appropriate reservation of rights to road 472
rights-of-way and curb cuts; 473
xii. Easements in favor of each such parcel for 474 pedestrian and vehicular traffic over 475
dedicated private ring roads and access 476
roads; and 477
xiii. Appropriate agreements between the owners 478
of the several parcels as to the obligation to 479 maintain and repair all private roadways, 480
parking facilities, common areas and 481
common facilities and the like. 482
3. Exceptions. These provisions or portions thereof may be 483
waived by the administrative official if they are not 484 applicable to the subject property. These provisions of the 485
easement and operating agreement shall not be amended 486
without prior written approval of the City Attorney. In 487
addition, such easement and operating agreement shall 488
contain such other provisions with respect to the operation, 489 maintenance and development of the property as to which 490
the parties thereto may agree, all to the end that although 491
the property may have several owners, it will be 492
constructed, conveyed, maintained and operated in 493
accordance with the approved site plan. 494
4. Non-use variances created solely by separate ownerships, 495
pursuant to subsection 1 of this section, shall be waived by 496
the administrative official. 497
5. Release, modifications, amendments, revision. 498
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(a) Approval required. Any release, modification, 499
deletion, revision to a declaration of restrictive 500 covenant or condition thereof, shall only be made 501
upon a request being submitted to the City 502
department of planning and zoning, on a form 503
approved by the administrative official requesting 504
the release, modification, deletion, or revision. The 505 administrative official shall determine if the release, 506
modification, deletions, or revisions represent a 507
substantial change to the approval. If it is 508
determined that the release, modification, deletion, 509
or revision are not a substantial change, the 510 administrative official shall approve the request. 511
Upon approval of the request, the action taken, or 512
an amended declaration of restrictive covenant shall 513
be recorded in the Official Record Book of Miami-514
Dade County, accordingly. 515
(b) Appeals. Where it is determined that the release, 516
modification, deletion, or revision is a substantial 517
change to the approval the decision may be 518
appealed as an appeal of an administrative decision. 519
(c) Exceptions. 520
i. Where a declaration of restrictive covenant 521
or similar document was proffered to the 522
County or to the City where the release, 523
modification, deletion, or revision required 524
Board of County Commissioners approval 525 or specifically required City Council 526
approval, then such request shall be made as 527
an application to the City Council, pursuant 528
to the City Code; however, if such covenant 529
or similar document provides that it requires 530 the approval of both the City Council and 531
the Board of County Commissioners, then 532
the approval of such modification, deletion, 533
or revision shall require the approval of both 534
the City Council and the Board of County 535 Commissioners. 536
ii. Where there is a proffered declaration of 537
restrictive covenants on a property where it 538
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is determined that there are no vested rights, 539
the administrative official release, modify, 540 or revise the covenant appropriately, either 541
administratively or by action of the City 542
Council. 543
iii. Where it is determined that the development 544
approval has expired as set forth in this 545 chapter, the administrative official shall 546
release the declaration of restrictive 547
covenants appropriately, either 548
administratively or by action of the City 549
Council. 550
iv. Where a declaration of restrictive covenants 551
or condition thereof is released, modified, 552
deleted, or revised, and a contribution of 553
funds has been proffered and accepted by 554
the City, the City administrative official may 555 consider such contribution as forfeited. 556
Sec. 34-610. Vested Rights. 557
Notwithstanding any other provision of the City Code or the City’s 558
Comprehensive Plan, and as to the City, properties within the S 559
District shall have vested rights for any development, structures, 560 uses (including but not limited to ancillary or intermittent activities 561
associated with such uses), landscaping, parking, or other land use 562
entitlements that are in existence as of January 1, 2017 or that were 563
approved, whether at public hearing or administratively, by Miami-564
Dade County prior to January 1, 2017. Any development approved 565 by a development permit, as defined by Chapter 163.3164, Florida 566
Statutes (including but not limited to any zoning resolution, DRI 567
development order, administrative site plan approval, plat, or 568
building permit) shall be vested against later action by the City 569
without the need for the owners and/or developers of such 570 properties to have taken any affirmative act in reliance upon such 571
prior development permits. Such vested development may be 572
completed and maintained in accordance with the landscaping, 573
buffering, and signage regulations under which it was approved, 574
and is not subject to the requirements of Section 34-62(5) of the 575 City Code relating to amortization of landscaping nonconformities, 576
or any other applicable regulation relating to the amortization of 577
nonconformities of landscaping adopted by the City. To the extent 578
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not otherwise enumerated in this article, properties within the S 579
District may also be used for all uses permitted in the BU-2 zoning 580 district of the Code of Miami-Dade County, as of January 1, 2017, 581
with the limitations and exceptions provided in section 34-603 of 582
this article. Nothing herein shall limit any vested rights that may 583
otherwise exist by operation of common law, by the City Code or 584
the County Code. 585
Procedure for vested rights determination. For properties 586
within the S District, a request for vested rights 587
determination may be filed with the City pursuant to 588
Section 34-62 of the City Code without regard to the one-589
year time limitation therein; any action by the City Council 590 on appeal of such determination may thereafter be appealed 591
to the Board of County Commissioners in accordance with 592
the procedures set forth in section 34-614 of this article. 593
Sec. 34-611. Landscaped open space and impervious area. 594
1. Within the S District’s Outer Sub-District, upon 595 redevelopment from surface parking to other permanent 596
use, landscaping shall be provided in accordance with the 597
applicable requirements of Article XIV of the City Code, as 598
such may be amended from time to time; provided, 599
however, that while such properties are used to serve the 600 stadium, they shall be landscaped in accordance with the 601
prior approvals and the Development of Regional Impact 602
Development Order, as applicable. 603
2. Within the S District’s Inner Sub-District, landscaping shall 604
be provided in accordance with the provisions of Chapter 605 18A of the Code of Miami-Dade County, as such may be 606
amended from time to time. Chapter 18A of the Code of 607
Miami-Dade County shall remain applicable to the S 608
District. 609
Sec. 34-612. Special Events. 610
1. Properties within the S District’s Inner Sub-District may be 611
used for temporary special events lasting up to 15 calendar 612
days for any of the sports, entertainment, exhibition and 613
attraction uses listed in section 33-452 of the County Code. 614
No separate special use permits or other zoning 615 authorizations shall be required for temporary special 616
events governed by the preceding sentence, and for 617
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purposes of City Code provisions that refer to permitted 618
events, including without limitation, section 16-26(a)(7), 619 such temporary special events shall be treated as permitted 620
events. 621
2. All other special event uses for the S District shall be 622
governed as provided under Chapter 4 of the City Code. 623
Nothing herein shall modify the obligation to obtain any 624 building permits that may be required under the Florida 625
Building Code for temporary structures used in such special 626
events. 627
3. Notwithstanding any other provisions in Chapter 33 of the 628
County Code, special events and special event permits shall 629 be governed by the provisions of this article. 630
Sec. 34-613. Procedures. 631
1. Application. All zoning inquiries and applications for 632
zoning action for properties within the S District shall be 633
submitted to the City of Miami Gardens. 634
2. Approval by City Council. If the City Council approves an 635
application for zoning action by a property owner, or 636
applicant authorized by the owner, after public hearing, 637
then, upon the City’s determination becoming final in 638
accordance with the City’s rules and regulations, it may 639 only be reviewed by a court of competent jurisdiction. 640
3. Other Action by City Council. If the City Council denies an 641
application for zoning action by an owner or such 642
authorized applicant after public hearing, or approves an 643
application for zoning action after public hearing with 644 conditions that are not agreed to by the owner or authorized 645
applicant, the owner or authorized applicant shall have the 646
right to appeal the City Council’s decision to the Board of 647
County Commissioners for its review after public hearing. 648
4. Review by County Commission. On appeal by a property 649 owner or authorized applicant, the Board of County 650
Commissioners may affirm the decision of the City 651
Council, alter the decision of the City Council and approve 652
the application, or alter the decision of the City Council and 653
approve the application with modifications, in each case by 654 a majority vote of the total membership of the Board of 655
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County Commissioners, and upon such decision becoming 656
final in accordance with the County’s rules and regulations, 657 it may only be reviewed by a court of competent 658
jurisdiction. 659
5. Review of Other City Zoning Actions. If the City denies an 660
application by a property owner or applicant authorized by 661
the owner for zoning action other than public hearing 662 actions, or approves an application for zoning action other 663
than public hearing actions with conditions that are not 664
agreed to by the by the owner or authorized applicant, then 665
the owner or authorized applicant shall have the right to 666
appeal that decision first to the City Council, which shall 667 affirm, affirm with conditions, or alter the decision within 668
60 days of submittal of the appeal, and then to the Board of 669
County Commissioners in accordance with the above 670
procedures for review of City Council decisions. It is 671
provided, however, that if the City Council does not issue a 672 decision within 60 days of submittal of the appeal, then the 673
owner or authorized applicant may proceed directly to the 674
Board of County Commissioners in accordance with the 675
procedures governing appeals of administrative actions set 676
forth in section 33-314 of the County Code. 677
Sec. 34-614. Conflicts. 678
In the event of any conflict or inconsistency between the terms of 679
these S District regulations and any other provision of the City 680
Code, the terms of these S District regulations shall govern. 681
Section 3. CONFLICT: All ordinances or Code provisions in conflict herewith are 682
hereby repealed. 683
Section 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase or 684
portion of this Ordinance is for any reason held invalid or unconstitutional by any court of 685
competent jurisdiction, such portion shall be deemed a separate, distinct and independent 686
provision and such holding shall not affect the validity of the remaining portions of this 687
Ordinance. 688
36 of 203
23
Added language is underlined. Deleted language is stricken through.
Section 5. INCLUSION IN CODE: It is the intention of the City Council of the 689
City of Miami Gardens that the provisions of this Ordinance shall become and be made a part of 690
the Code of Ordinances of the City of Miami Gardens and that the section of this Ordinance may 691
be renumbered or relettered and the word “Ordinance” may be changed to “Chapter,” “Section,” 692
“Article” or such other appropriate word or phrase, the use of which shall accomplish the 693
intentions herein expressed. 694
Section 6. EFFECTIVE DATE: This Ordinance shall become effective immediately 695
upon its final passage. 696
PASSED ON FIRST READING ON THE 8TH DAY OF MARCH, 2017.
PASSED ON SECOND READING ON THE ____ DAY OF _________, 2017.
ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF ______________,
2017.
________________________________ OLIVER GILBERT, III, MAYOR ATTEST:
_________________________________ RONETTA TAYLOR, MMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY
SPONSORED BY: MAYOR OLIVER GILBERT, III
Moved by: __________________
Second by: _________________
VOTE: _________
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24
Added language is underlined. Deleted language is stricken through.
Mayor Oliver Gilbert, III ____ (Yes) ____ (No)
Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) Councilwoman Lisa C. Davis ____ (Yes) ____ (No)
Councilman Rodney Harris ____ (Yes) ____ (No)
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No)
Councilwoman Felicia Robinson ____ (Yes) ____ (No)
Councilman David Williams Jr ____ (Yes) ____ (No)
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City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
March 22, 2017
Item Type:
Resolution Ordinance Other
X
Fiscal Impact:
Yes No Ordinance Reading: 1st Reading 2nd Reading
X Public Hearing: Yes No Yes No
Funding Source: Advertising Requirement: Yes No
X
Contract/P.O. Required: Yes No RFP/RFQ/Bid #: RFP No. 12-13-036(A) Emergency Debris Removal & Disposal Services Rebid
X
Sponsor Name Cameron Benson, City Manager Department: Public Works Department
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, AUTHORIZING THE RENEWAL OF THAT CERTAIN AGREEMENT
WITH ASHBRITT, INC., FOR EMERGENCY DEBRIS REMOVAL AND
DISPOSAL SERVICES; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Background
City staff prepared specifications to maintain a contract for emergency debris removal and disposal
services to include all Federal Emergency Management Agency (FEMA) and the Federal Highway
Administration (FHWA) reimbursement requirements in the event of an emergency situation.
On July 25, 2013, Request for Proposal (RFP) No. 12-13-036(A) Emergency Debris Removal & Disposal &
Disposal Services rebid was posted on DemandStar. A broadcast notice was sent to one thousand three
hundred ninety (1390) vendors. Thirty-six (36) proposal packages were requested. The solicitation
opened on August 15, 2013. Seven (7) proposals were received and publicly read.
Item K-1) Consent Agenda
Resolution
Agreement Renewal w/ Ashbritt, Inc.
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An Evaluation Committee meeting consisted of the City Council was established to rank the firms. Each
committee member was provided the evaluation ranking sheet, proposals, copy of the solicitation,
references received for each proposer, and instructions as to the ranking process. The ranking sheets
were returned to Procurement Department on August 30, 2013, at which time, the scores were
combined and totaled. The committee meeting was held on September 3, 2013, to discuss the rankings
and to schedule oral presentations, if needed. The committee determined that oral presentations would
not be required as the ranking between the first ranked and the second ranked firm was a several point
difference.
The committee ranked the firms and Ashbritt, Inc., located in Deerfield Beach, FL, was ranked number
one (1).
On September 11, 2013, under Resolution No. 2013-215-1911, City Council approved the award of
Request for Proposal (RFP) No. 12-13-036(A) Emergency Debris Removal & Disposal & Disposal Services
rebid to Ashbritt, Inc. and authorized the City Manager to enter into a contract for an initial period of
three (3) years with an option to renew for two (2) additional, one (1) year periods.
Current Situation
Request for Proposal (RFP) No. 12-13-036(A) Emergency Debris Removal & Disposal & Disposal Services
was awarded on September 11, 2013.
The initial term of the contract is for a three (3) year period with an option to renew for two (2)
additional, one (1) year periods. This is the second and final renewal. The current contract expires
September 11, 2017. Staff concurs with the renewal of this contract.
Proposed Action:
It is recommended that the City Council approve the City staff’s recommendation for the second and
final renewal of Request for Proposal (RFP) No. 12-13-036(A) Emergency Debris Removal & Disposal &
Disposal Services rebid to Ashbritt, Inc., for emergency debris removal and disposal services.
Attachment:
Exhibit 1: Performance Evaluation
40 of 203
RESOLUTION NO. 2017____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE RENEWAL OF 4 THAT CERTAIN AGREEMENT WITH ASHBRITT, INC., FOR 5
EMERGENCY DEBRIS REMOVAL AND DISPOSAL SERVICES; 6
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 7
PROVIDING FOR AN EFFECTIVE DATE. 8 9 WHEREAS, on September 11, 2013, the City Council of the City of Miami 10
Gardens enacted Resolution Number 2013-215-1911, awarding Request for Proposal 11
(RFP) Number 12-13-036(A) Emergency Debris Removal and Disposal Services to 12
Ashbritt, Inc., and 13
WHEREAS, the initial term of the contract was for a three (3) year period, with 14
the City’s option to renew for two (2) additional one (1) year periods, and 15
WHEREAS, this is the second (2nd) renewal, the current contract expires 16
September 11, 2017, and 17
WHEREAS, Staff is recommending the City Council approve the renewal of the 18
contract with Ashbritt, Inc., for emergency debris removal and disposal services, 19
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 20
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 21
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 22
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 23
made a specific part of this Resolution. 24
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 25
hereby authorizes the renewal of that certain Agreement with Ashbritt, Inc. 26
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 27
upon its final passage. 28
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2
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 29
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 30
31
___________________________________ 32
OLIVER GILBERT, III, MAYOR 33 34 35
36
ATTEST: 37
38 39 __________________________________ 40
RONETTA TAYLOR, MMC, CITY CLERK 41
42
43 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 44 45
46
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 47
48 Moved by: __________________ 49 50
VOTE: _________ 51
52
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 53 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 54 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 55
Councilman Rodney Harris ____ (Yes) ____ (No) 56
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 57
Councilwoman Felicia Robinson ____ (Yes) ____ (No) 58 Councilman David Williams Jr ____ (Yes) ____ (No) 59
60
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18605 NW 27 Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
March 22, 2017
Item Type:
Resolution Ordinance Other
X
Fiscal Impact:
Yes No Ordinance Reading: 1st Reading 2nd Reading
X Public Hearing: Yes No Yes No
Funding Source: Advertising Requirement: Yes No
X
Contract/P.O. Required: Yes No RFP/RFQ/Bid #: RFP No. 13-14-022 Towing and Storage of Vehicles plus Towing, Storage, Disposal of Abandoned Vehicles
X
Sponsor Name Cameron Benson, City Manager Department: Police Department
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, AUTHORIZING THE RENEWAL OF THAT CERTAIN AGREEMENT
WITH MAGIC TOWING AND RECOVERY, INC., FOR TOWING AND STORAGE
SERVICES FOR A ONE YEAR PERIOD; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Background
The City of Miami Gardens’ Police Department and the Code Enforcement Division continues to require
services for the towing, storage, and disposal of abandoned, unregistered, and junked vehicles, trailers,
and boats that are in the right-of-way, streets, highways, public and private property throughout the City
on an as needed basis. Additionally, the Police Department utilizes tow services during arrest situations,
recovery, and seizure of stolen vehicles, and storage of vehicles related to forfeitures.
On March 11, 2014, City Staff prepared Request For Proposal (RFP) No. 13-14-022 for the Towing and
Storage of Vehicles, plus Towing, Storage and Disposal of abandoned Vehicles. The broadcast notice was
sent to two hundred (200) vendors. Nine (9) proposal packages were requested. The bid opened on
March 27, 2014. Proposals were received from Midtown Towing of Miami, located in Miami, FL; Magic
Towing and Recovery located in Hialeah, FL; and Boulevard Towing, located in West Park, FL.
Item K-2) Consent Agenda
Resolution
Agreement Renewal w/ Magic Towing & Recovery, Inc.
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An Evaluation Committee meeting was held and the committee members determined that all three (3)
firms were responsive and responsible to the requirements in the RFP. After evaluation and scoring, the
Evaluation Committee deemed Midtown Towing of Miami, Inc., as the first-ranked firm.
On May 14, 2014, City Council approved Resolution Number 2014-88-2066, authorizing the City
Manager to execute the agreement between the City of Miami Gardens and Midtown Towing of Miami,
Inc., for three (3) years with an option to renew for one (1) year periods not to exceed five (5) years.
On April 13, 2016, under Resolution No. 2016-65-2964, the City Council approved the termination of the
Agreement between the City of Miami Gardens and Midtown Towing of Miami, Inc, since City vehicles
that were towed and Stored by Midtown Towing, Inc. were not secured and properly stored, as specified
in the Request for Proposal.
City Council authorize the City Manager to proceed with negotiations with the second-ranked firm,
Magic Towing and Recovery, Inc., to form an agreement through June 30, 2017 to ensure there was no
lapse in towing services for the City. On June 29, 2016, the City entered into an agreement with Magic
Towing and Recovery, Inc.
Current Situation
Magic Towing and Recovery, Inc. is the current vendor for services for the towing, storage, and disposal
of abandoned, unregistered, and junked vehicles, trailers, and boats that are in the right-of-way, streets,
highways, public and private property throughout the City on an as needed basis.
Magic Towing and Recovery, Inc., submits, to the City, quarterly payments of twenty-five thousand
dollars ($25,000.00), equaling one hundred thousand dollars ($100,000.00) annually.
The initial term of the contract is for three (3) years with an option to renew for one (1) year periods not
to exceed five (5) years.
This is the first renewal period. The current contract expires June 30, 2017. Staff concurs with the
renewal of this contract. The Department has completed the vendor performance evaluation for Magic
Towing and Recovery, Inc., and the vendor received an average performance evaluation score of 4.0, out
of a possible high score of 5.0 (Exhibit 1).
Fiscal Impact
The City has budgeted for $75,000 in FY 2017 budget as we are unsure during the budget process of
whether an agreement will be established for the last quarter of the year. With the renewal of this
contract, this will provide an additional revenue of $25,000 in this fiscal year.
Proposed Action:
It is recommended that the City Council approve the City staff’s recommendation for the first renewal of
Request for Proposal (RFP) No. 13-14-022 Towing and Storage of Vehicles plus Towing, Storage, Disposal
of Abandoned Vehicles to Magic Towing and Recovery, Inc., for towing, storage, and disposal of
45 of 203
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Miami Gardens, Florida 33056
abandoned, unregistered, and junked vehicles, trailers, and boats that are in the right-of-way, streets,
highways, public and private property throughout the City on an as needed basis.
Attachment:
Exhibit 1: Performance Evaluation
46 of 203
RESOLUTION NO. 2017____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE RENEWAL OF 4 THAT CERTAIN AGREEMENT WITH MAGIC TOWING AND 5
RECOVERY, INC., FOR TOWING AND STORAGE SERVICES 6
FOR A ONE YEAR PERIOD; PROVIDING FOR THE ADOPTION 7
OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE 8 DATE. 9 10
WHEREAS, on March 11, 2014, City Staff prepared Request for Proposal (RFP) 11
Number 13-14-022 for the Towing and Storage of Vehicles, plus Towing, Storage and 12
Disposal of Abandoned Vehicles, and 13
WHEREAS, on May 14, 2014, the City Council adopted Resolution No. 2014-88-14
2066, which awarded a bid to Midtown Towing of Miami, Inc. (Midtown), for towing and 15
storage services, and 16
WHEREAS, on April 13, 2016, the City Council adopted Resolution No. 2016-65-17
2964, which approved the termination of the Agreement between the City and Midtown, 18
based on Midtown’s failure to comply with the Request for Proposal regarding the City’s 19
requirement that vehicles towed by the firm be secured and properly stored, and 20
WHEREAS, on that date, the City Council also authorized the City Manager to 21
proceed with negotiations with the second-ranked firm, Magic Towing and Recovery, 22
Inc. (Magic), and 23
WHEREAS, on June 29, 2016, the City entered an Agreement with Magic, based 24
on the terms and conditions cited in RFP No. 13-14-022, which assumed the same 25
terms and conditions as the Agreement entered into with Midtown, and 26
WHEREAS, the initial term of the contract was for three (3) years, beginning May 27
14, 2014 through June 30, 2017, with an option to renew for one (1) year periods not to 28
exceed five (5) years, and 29
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2
WHEREAS, this is the first renewal, the current contract expires June 30, 2017, 30
and 31
WHEREAS, Staff is recommending the City Council approve the renewal of the 32
contract with Magic Towing and Recovery, Inc., for towing, and storage services, for a 33
one year period, 34
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 35
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 36
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 37
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 38
made a specific part of this Resolution. 39
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 40
hereby authorizes the renewal of that certain Agreement with Magic Towing and 41
Recovery, Inc. 42
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 43
upon its final passage. 44
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 45
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 46
47
___________________________________ 48
OLIVER GILBERT, III, MAYOR 49 50 51
52
ATTEST: 53
54 55 __________________________________ 56
RONETTA TAYLOR, MMC, CITY CLERK 57
58
59
48 of 203
3
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 60
61
62 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 63 64
Moved by: __________________ 65
66
VOTE: _________ 67 68 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 69
Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 70
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 71
Councilman Rodney Harris ____ (Yes) ____ (No) 72 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 73 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 74
Councilman David Williams Jr ____ (Yes) ____ (No) 75
76
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18605 NW 27 Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
March 22, 2017
Item Type:
Resolution Ordinance Other
X
Fiscal Impact:
Yes No Ordinance Reading: 1st Reading 2nd Reading
X Public Hearing: Yes No Yes No
Funding Source: General Fund - Fleet Department Advertising Requirement: Yes No
X
Contract/P.O. Required: Yes No RFP/RFQ/Bid #: 16-17-016 IT Bid Number. 16-17-016 OEM Parts and Service Repairs for City Vehicles and
Equipment
X
Sponsor Name
Cameron Benson,
City Manager Department: Public Works Department -
Fleet Division
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA; AWARDING A BID TO ABRAHAM CHEVROLET, DBA,
AUTONATION CHEVROLET; BULL MOTORS, LLC, DBA, AUTONATION
FORD; KENWORTH OF SOUTH FLORIDA; PALM TRUCK CENTERS, INC.;
PEMBROKE MOTORS, INC., DBA, AUTONATION DODGE; S.S.E.S, INC., DBA, SOUTHERN SEWER EQUIPMENT SALES; TRUCKMAX, INC.; ATLANTIC COAST AUTOMOTIVE DBA, UNIVERSITY DODGE; AND VERA CADILLAC
BUICK GMC CHEVROLET FOR PARTS AND REPAIRS; AUTHORIZING THE
CITY MANAGER TO ISSUE PURCHASE ORDERS ON AN AS NEEDED BASIS
NOT TO EXCEED THE ALLOCATED BUDGET FOR ORIGINAL EQUIPMENT MANUFACTURER PARTS AND SERVICE REPAIRS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Background
The City of Miami Gardens has three hundred eight-six (386) cars, trucks and equipment in the Fleet
Division. The City requires the service of authorized sales and service centers to perform general repairs,
Item K-3) Consent Agenda
Resolution
P.O.s for OEM Parts and Service Repairs
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including repairs to electronic engine controls systems, supplemental restraint systems, antilock brakes,
and other items that require factory trained technicians and original equipment manufacturer (OEM)
parts.
Current Situation
On December 20, 2016, Invitation to Bid (ITB) Number 16-17-016, OEM Parts and Service Repairs for City
Vehicles and Equipment, was solicited via BidSync. The Invitation to Bid (ITB) closed on January 17,
2017. Nine (9) bids were received. Bid submittals from Abraham Chevrolet - Miami, Inc., DBA,
AutoNation Chevrolet Coral Gables, Bull Motors, LLC, DBA, AutoNation Ford Miami, Kenworth of South
Florida, Palm Truck Centers, Inc., Pembroke Motors, Inc., DBA, AutoNation Dodge of Pembroke Pines,
S.S.E.S, Inc., DBA, Southern Sewer Equipment Sales, TruckMax, Inc., Atlantic Coast Automotive DBA,
University Dodge and Vera Cadillac Buick GMC Chevrolet, were received and publicly read (Exhibit 1).
The City staff evaluated the bids for compliance with the specifications. All vendors were deemed
responsible and responsive to the requirements of the Invitation to Bid (ITB). The initial term of the
contract is for two (2) years. The City reserves the right to exercise the option to renew annually (subject
to the appropriation of funds), not to exceed a maximum of three (3) one (1) year periods.
A copy of the proposal document and submittals are available at the Assistants to the Mayor and
Council’s Office for review.
Fiscal Impact
Staff will ensure the costs will be within the budget allocation for the fiscal year.
Proposed Action:
It is recommended that the City Council approve the City staff’s Recommendation For Award of
Invitation to Bid (ITB) No. 16-17-016, OEM Parts and Service Repairs for City Vehicles and Equipment to
Abraham Chevrolet - Miami, Inc., DBA, AutoNation Chevrolet Coral Gables, Bull Motors, LLC, DBA,
AutoNation Ford Miami, Kenworth of South Florida, Palm Truck Centers, Inc., Pembroke Motors, Inc.,
DBA, AutoNation Dodge of Pembroke Pines, S.S.E.S, Inc., DBA, Southern Sewer Equipment Sales,
TruckMax, Inc., Atlantic Coast Automotive DBA, University Dodge and Vera Cadillac Buick GMC
Chevrolet, authorizing the City Manager to issue purchase orders on an as needed basis not to exceed
the allocated budget for OEM Parts and Service Repairs for City Vehicles and Equipment.
Attachment:
Exhibit 1- Bid Tabulation
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RESOLUTION NO. 2017____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA; AWARDING A BID TO ABRAHAM 4 CHEVROLET, DBA, AUTONATION CHEVROLET; BULL 5
MOTORS, LLC, DBA, AUTONATION FORD; KENWORTH OF 6
SOUTH FLORIDA; PALM TRUCK CENTERS, INC.; PEMBROKE 7
MOTORS, INC., DBA, AUTONATION DODGE; S.S.E.S, INC., 8 DBA, SOUTHERN SEWER EQUIPMENT SALES; TRUCKMAX, 9 INC.; ATLANTIC COAST AUTOMOTIVE DBA, UNIVERSITY 10
DODGE; AND VERA CADILLAC BUICK GMC CHEVROLET FOR 11
PARTS AND REPAIRS; AUTHORIZING THE CITY MANAGER TO 12
ISSUE PURCHASE ORDERS ON AN AS NEEDED BASIS NOT 13 TO EXCEED THE ALLOCATED BUDGET FOR ORIGINAL 14 EQUIPMENT MANUFACTURER PARTS AND SERVICE 15
REPAIRS; PROVIDING FOR THE ADOPTION OF 16
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 17
18 WHEREAS, on December 20, 2016, Invitation to Bid (ITB) Number 16-17-016, 19
Original Equipment Manufacturer (OEM) Parts and Service Repairs for City Vehicles 20
and Equipment, was solicited via BidSync, and 21
WHEREAS, the ITB closed on January 17, 2017, nine (9) bids were received and 22
publicly read, and 23
WHEREAS, bids were received from the following: Abraham Chevrolet - Miami, 24
Inc., DBA, AutoNation Chevrolet, Coral Gables; Bull Motors, LLC, DBA, AutoNation 25
Ford, Miami; Kenworth of South Florida; Palm Truck Centers, Inc.; Pembroke Motors, 26
Inc., DBA, AutoNation Dodge of Pembroke Pines; S.S.E.S, Inc., DBA, Southern Sewer 27
Equipment Sales; TruckMax, Inc.; Atlantic Coast Automotive DBA, University Dodge; 28
and Vera Cadillac Buick GMC Chevrolet, and 29
WHEREAS, City Staff evaluated the bids for compliance with the specifications, 30
and all vendors were deemed responsible and responsive to the requirements of the 31
ITB, and 32
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2
WHEREAS, the initial term of the contract is for two (2) years, the City reserves 33
the right to exercise the option to renew annually (subject to the appropriation of funds), 34
not to exceed a maximum of three (3) one (1) year periods, and 35
WHEREAS, City Staff recommends that the City Council awards ITB No. 16-17-36
016, OEM Parts and Service Repairs for City Vehicles and Equipment to Abraham 37
Chevrolet - Miami, Inc., DBA, AutoNation Chevrolet, Coral Gables; Bull Motors, LLC, 38
DBA, AutoNation Ford, Miami; Kenworth of South Florida; Palm Truck Centers, Inc.; 39
Pembroke Motors, Inc., DBA, AutoNation Dodge of Pembroke Pines; S.S.E.S, Inc., 40
DBA, Southern Sewer Equipment Sales; TruckMax, Inc.; Atlantic Coast Automotive 41
DBA, University Dodge; and Vera Cadillac Buick GMC Chevrolet, and 42
WHEREAS, it is also recommended that the City Council authorize the City 43
Manager to issue purchase orders on an as needed basis not to exceed the allocated 44
budget for OEM Parts and Service Repairs, and 45
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 46
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 47
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 48
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 49
made a specific part of this Resolution. 50
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 51
hereby awards Invitation to Bid No. 16-17-016, Original Equipment Manufacturer Parts 52
and Service Repairs for City Vehicles and Equipment to Abraham Chevrolet - Miami, 53
Inc., DBA, AutoNation Chevrolet, Coral Gables; Bull Motors, LLC, DBA, AutoNation 54
Ford, Miami; Kenworth of South Florida; Palm Truck Centers, Inc.; Pembroke Motors, 55
Inc., DBA, AutoNation Dodge of Pembroke Pines; S.S.E.S, Inc., DBA, Southern Sewer 56
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3
Equipment Sales; TruckMax, Inc.; Atlantic Coast Automotive DBA, University Dodge; 57
and Vera Cadillac Buick GMC Chevrolet. The City Council also authorizes the City 58
Manager to issue purchase orders on an as needed basis not to exceed the allocated 59
budget for Original Equipment Manufacturer Parts and Service Repairs. 60
Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately 61
upon its final passage. 62
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 63
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 64
65
___________________________________ 66 OLIVER GILBERT, III, MAYOR 67
68
69
70 ATTEST: 71 72
73
__________________________________ 74
RONETTA TAYLOR, MMC, CITY CLERK 75 76 77
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 78
79
80 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 81 Moved by: __________________ 82
83
VOTE: _________ 84
85 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 86 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 87
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 88
Councilman Rodney Harris ____ (Yes) ____ (No) 89
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 90 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 91 Councilman David Williams Jr ____ (Yes) ____ (No) 92
93
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INVITATION TO BID NO. 16-17-016 - OEM PARTS AND SERVICE REPAIRS FOR CITY VEHICLES AND EQUIPMENT
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ITEM NO.DESCRIPTION
1
Not to exceed fixed hourly labor rate based upon published labor time standard or actual time when a standard does not exist for
mechanical repairs to City Vehicles/ Equipment
$85
Fixed Hrly Labor Rate
$85
Fixed Hrly Labor Rate
$85
Fixed Hrly Labor Rate
$100
Fixed Hrly Labor Rate
$85
Fixed Hrly Labor Rate
$115
Fixed Hrly Labor Rate
$85
Fixed Hrly Labor Rate
$78
Fixed Hrly Labor Rate
$85
Fixed Hrly Labor Rate
2
Not to exceed Parts Pricing Markup from
retail/wholesale cost to Manufacturers Published Dealer Net Price 20%20%22% Engine Parts 34%
All other parts 35%20%N/A 20%10%5%
3
Published Labor Times Standard used Motor/
All Data/ Chilton All Data All Data Motor - $85 Not Provided All Data N/A Motors Manual All Data All Data
Exhibit - 1 56 of 203
18506 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: March 22, 2017 Item Type:
(Enter X in box)
Resolution Ordinance Other
X
Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading
X Public Hearing: (Enter X in box) Yes No Yes No
Funding Source: General Fund –Fleet Division Advertising Requirement: (Enter X in box) Yes No
X
Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: ITB No. 12-13-039
Fleet Vehicle Preventative
Maintenance – Contract
Renewal
X
Sponsor Name Cameron Benson,
City Manager Department: Public Works Department
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO
RENEW THAT CERTAIN AGREEMENT WITH FLEET TIRE TRUCK AND AUTO,
AUTONATION FORD, AND LEHMAN BUICK GMC, FOR PREVENTATIVE MAINTENANCE SERVICES AND REPAIRS; AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS NOT TO EXCEED THE
ALLOCATED BUDGET AMOUNT; PROVIDING FOR THE ADOPTION OF
REPRESENTATION; PROVIDING AN EFFECTIVE DATE.
Staff Summary:
BACKGROUND
On July 24, 2013, the City Council awarded Invitation to Bid (ITB) Number 12-13-039 to three (3)
vendors, Fleet Tire Truck and Auto, AutoNation Ford Miami, and Lehman Buick GMC, LLC, for
preventative maintenance services for repair of City’s Fleet Vehicles.
Item K-4) Consent Agenda
Resolution
Preventative Maintenance
57 of 203
18506 NW 27th Avenue
Miami Gardens, Florida 33056
The initial term of the contract is for a one (1) year period, with an option to renew for four (4)
additional years, on a year to year basis, under the same terms and conditions. The current contract
expires July 24, 2017.
CURRENT SITUATION
The current solicitation allows for annual renewals for a maximum of four (4) years. This is the fourth
and final contract renewal period. The City’s Public Works Department, Fleet Management Division,
continues to provide preventative maintenance and general repairs to the City’s automotive fleet. City
staff concurs with the renewal of this contract with all three (3) vendors.
FISCAL IMPACT
Staff will ensure that the expenditures will be within the budget allocation of the repairs and
maintnenace account.
Proposed Action:
It is recommended that City Council approve the attached resolution to renew the existing contract for
the fourth and final renewal period of Invitation to Bid (ITB) No. 12-13-039, Fleet Vehicle Preventative
Maintenance Service to the vendors Fleet Tire Truck and Auto; AutoNation Ford Miami; and Lehman
Buick Pontiac GMC for preventative maintenance services and authorize the City Manager to issue
purchase order(s) of the allocated budget amount.
Attachment:
None.
58 of 203
RESOLUTION NO. 2017____ 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 RENEW THAT CERTAIN 5
AGREEMENT WITH FLEET TIRE TRUCK AND AUTO, 6
AUTONATION FORD, AND LEHMAN BUICK GMC, FOR 7
PREVENTATIVE MAINTENANCE SERVICES AND REPAIRS; 8 AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE 9 ORDERS NOT TO EXCEED THE ALLOCATED BUDGET 10
AMOUNT; PROVIDING FOR THE ADOPTION OF 11
REPRESENTATION; PROVIDING AN EFFECTIVE DATE. 12
13 WHEREAS, on July 24, 2013, the City Council awarded Invitation to Bid (ITB) 14
Number 12-13-039 to three (3) vendors, Fleet Tire Truck and Auto, AutoNation Ford 15
Miami, and Lehman Buick GMC, LLC, for preventative maintenance services and 16
repairs to the City’s fleet of vehicles, and 17
WHEREAS, the initial term of the contract was for a one (1) year period, with an 18
option to renew for four (4) additional years, on a year to year basis, under the same 19
terms and conditions, and 20
WHEREAS, the current contract expires on or about July 24, 2017, and 21
WHEREAS, City Staff recommends renewal of the Agreement with Fleet Tire 22
Truck and Auto, AutoNation Ford Miami, and Lehman Buick GMC, LLC, for an 23
additional one (1) year term, and 24
WHEREAS, if approved by City Council, this renewal will be the fourth (4th) and 25
final contract renewal period with these vendors, 26
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 27
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 28
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
59 of 203
2
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 32
hereby authorizes the City Manager and the City Clerk to renew that certain Agreement 33
with Fleet Tire Truck and Auto, AutoNation Ford Miami, and Lehman Buick GMC, LLC, 34
for preventative maintenance services and repairs to the City’s fleet of vehicles. The 35
City Manager is further authorized to issue Purchase Orders in an amount not to exceed 36
the allocated budget amount for these services. 37
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 38
upon its final passage. 39
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 40
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 41
42
___________________________________ 43 OLIVER GILBERT, III, MAYOR 44 45
46
47
ATTEST: 48 49 50
__________________________________ 51
RONETTA TAYLOR, MMC, CITY CLERK 52
53 54 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 55
56
57
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 58 59 Moved by: __________________ 60
61
VOTE: _________ 62
63 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 64 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 65
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 66
Councilman Rodney Harris ____ (Yes) ____ (No) 67
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 68
60 of 203
3
Councilwoman Felicia Robinson ____ (Yes) ____ (No) 69
Councilman David Williams Jr ____ (Yes) ____ (No) 70
71
61 of 203
18605 NW 27 Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date:
March 22, 2017
Item Type:
Resolution Ordinance Other
X
Fiscal Impact:
Yes No Ordinance Reading: 1st Reading 2nd Reading
X Public Hearing: Yes No Yes No
Funding Source: City Insurance Advertising Requirement: Yes No
X
Contract/P.O. Required: Yes No RFP/RFQ/Bid #: ITB No. 16-17-006 City Hall - Development Services Suite Renovations
X
Sponsor Name Cameron Benson, City Manager Department: Capital Improvement Projects
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA; AWARDING A BID TO CONBUILD, LLC., FOR RENOVATIONS; AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS IN AN AMOUNT NOT TO EXCEED FIFTY-SEVEN THOUSAND NINE HUNDRED
NINETY-SEVEN DOLLARS AND FORTY CENTS ($57,997.40) FOR THIS
SERVICE; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Background
Due to flooding that occurred in 2016, the City of Miami Gardens Department of Development Services
requires a contractor to provide all necessary labor, materials and equipment, transportation, permits
and fees, and expertise for interior restoration repairs and replacement of damaged surfaces in the
Development Services Offices.
Current Situation
On January 5, 2017, Invitation to Bid (ITB) Number 16-17-006, City Hall - Development Services Suite
Renovations, was solicited via BidSync. The Invitation to Bid (ITB) closed on January 26, 2017. One (1)
bid from ConBuild, LLC, was received and publicly read.
Item K-5) Consent Agenda
Resolution
Bid Award/ Conbuild, LLC.
62 of 203
18605 NW 27 Avenue
Miami Gardens, Florida 33056
The City staff reviewed and evaluated the bid for compliance with the specifications. ConBuild, LLC, was
deemed responsive and responsible to the requirements of the Invitation to Bid (ITB).
A copy of the proposal document and submittals are available at the Assistant to the Mayor and
Council’s Office for review.
Fiscal Impact
The City has received enough reimbursements from insurance to cover the costs of the restoration of
the Development Services Offices.
Proposed Action:
It is recommended that the City Council approve the City staff’s Recommendation For Award of
Invitation to Bid (ITB) Number 16-17-006, City Hall - Development Services Suite Renovations to
ConBuild, LLC, and authorize the City Manager to issue a purchase order not to exceed Fifty Seven
Thousand and Nine Hundred Ninety Seven Dollars and Forty Cents ($57,997.40).
Attachment:
Exhibit 1 - Bid Tabulation
63 of 203
RESOLUTION NO. 2017____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA; AWARDING A BID TO CONBUILD, 4 LLC., FOR RENOVATIONS; AUTHORIZING THE CITY MANAGER 5
TO ISSUE PURCHASE ORDERS IN AN AMOUNT NOT TO 6
EXCEED FIFTY-SEVEN THOUSAND NINE HUNDRED NINETY-7
SEVEN DOLLARS AND FORTY CENTS ($57,997.40) FOR THIS 8 SERVICE; PROVIDING FOR THE ADOPTION OF 9 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 10
11
WHEREAS, on January 5, 2017, Invitation to Bid (ITB) Number 16-17-006, for 12
City Hall Development Services Suite Renovations, was solicited via BidSync, and 13
WHEREAS, the ITB closed on January 26, 2017, and 14
WHEREAS, one (1) bid from ConBuild, LLC. (ConBuild), was received and 15
publicly read, and 16
WHEREAS, City Staff reviewed and evaluated the bid for compliance with the 17
specifications, and deemed ConBuild responsible and responsive to the requirements of 18
the ITB, and 19
WHEREAS, City Staff recommends that the City Council awards ITB No. 16-17-20
006, for City Hall Development Services Suite Renovations, to ConBuild, and 21
WHEREAS, it is also recommended that the City Council authorize the City 22
Manager to issue purchase orders to ConBuild in an amount not to exceed Fifty-Seven 23
Thousand Nine Hundred Ninety-Seven Dollars and Forty Cents ($57,997.40) for this 24
service, and 25
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 26
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 27
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 28
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 29
made a specific part of this Resolution. 30
64 of 203
2
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 31
hereby awards Invitation to Bid No. 16-17-006, for City Hall Development Services Suite 32
Renovations, to ConBuild, LLC. The City Council also authorizes the City Manager to 33
issue purchase orders to ConBuild, LLC., in an amount not to exceed Fifty-Seven 34
Thousand Nine Hundred Ninety-Seven Dollars and Forty Cents ($57,997.40) for this 35
service. 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 ____________, 2017. 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: CAMERON D. BENSON, CITY MANAGER 57 Moved by: __________________ 58 59
VOTE: _________ 60
61
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 62 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 63 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 64
Councilman Rodney Harris ____ (Yes) ____ (No) 65
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 66
Councilwoman Felicia Robinson ____ (Yes) ____ (No) 67
65 of 203
3
Councilman David Williams Jr ____ (Yes) ____ (No) 68
69
66 of 203
Date ITB Posted: 01/05/2017
Date ITB Opened: 01/26/2017
Bid Submittals: 1
Declinations: 0
Item
No.Description od Services
Unit of
Measure
(UOM)
Estimated
Quantity
Price per
UOM
Estimated Total
Amount
1
Remove and Replace 3,300 Sq. Ft. of damaged
carpet to match color and style.Lump Sump 1 $8.50 $28,050.00
2 Remove and replace 6 Sq. Ft. stained terrazzo
floor tiles and wax entire floor.Lump Sump 1 $160.00 $960.00
3 Remove and replace 120 Sq. Ft. of rubber
flooring at stair well floor.Lump Sump 1 $25.00 $3,000.00
4
Repair and refinish 300 Sq. Ft. of gypsum
board wall surfaces at base of walls and as
indicated elsewhere to a uniform finish for
paint.
Lump Sump 1 $12.00 $3,600.00
5
Install 1,330 Ln. Ft. of 6" vinyl wall base in all
areas where walls were cut for the entire rooms
where work is to occur. Remove existing 4”
wall base and install new 6” to maintain
consistency of finish throughout. Where work
occurs in rooms with minimal impact, supply
and install 500 Ln. Ft. 4” wall base.
Lump Sump 1 $12.00 $5,719.00
6
Paint 5,280 Sq. Ft. of wall surfaces where
repairs occur from floor to ceiling for the
entire wall surfaces affected.
Lump Sump 1 $4.50 $7,920.00
7 Provide and install 412 Sq. Ft. of new Vinyl
wall covering at the Conference Room.Lump Sump 1 $8.20 $3,378.40
8
Replace Approximately 16 Ln. Ft. of carpet
transition strips at intersection of carpet and
tile surfaces.
Lump Sump 1 $45.00 $720.00
9 Remove and reinstall furniture where carpet
replacements occur.Lump Sump 1 $750.00 $750.00
10
Remove and reinstall storage shelving and
cabinets as required to replace drywall surfaces
throughout including rooms 111 and 112.Lump Sump 1 $900.00 $900.00
11
Remove, clean and reinstall all floor
receptacles affected by water damage. Confirm
circuitry for proper function.
Lump Sump 1 $3,000.00 $3,000.00
ESTIMATED ANNUAL TOTAL PRICE $57,997.40
Award
ITB No. 16-17-006
Purchasing Agent: Scott Shaw
Dept.: Capital Improvement Department
Bid Title: Development Services Suite Renovations
ConBuild, LLC, Miami, Fl
Exhibit 1 67 of 203
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: March 22, 2017 Item Type: (Enter X in box) Resolution Ordinance Other
X
Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X X Public Hearing:
(Enter X in box) Yes No Yes No X
Funding Source: 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: Planning and Zoning Services
Short Title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, APPROVING THE APPLICATION FOR THE REZONING OF THE
PACE HIGH SCHOOL AND MARIAN CENTER PROPERTY, LOCATED AT
15600 NW 32ND AVENUE AND 15701 NW 37TH AVENUE, MIAMI GARDENS,
FLORIDA MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED
HERETO, FROM AU, AGRICULTURE AND UTILITIES TO PD, PLANNED
DEVELOPMENT; PROVIDING FOR ADOPTION OF REPRESENTATIONS;
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN THE LAND
DEVELOPMENT CODE; PROVIDING FOR AN EFFECTIVE DATE.
Item N-1) Quasi-Judicial
Ordinance/ Second Reading
Pace School & Marian Center Rezoning
68 of 203
Staff Summary:
Background
Pace High School and Marian Center are located at 15600 NW 32nd Avenue and 15701 NW 37th
Avenue, just south of the St. Thomas University campus. The site is comprised of approximately 88.88
acres (3,871,612 sq. ft.) and falls within the AU, Agricultural and Utilities zoning designation. There are
several educational buildings and structures existing since the original development in 1961 and
subsequent development has occurred within the AU, Agricultural and Utilities classification based on
approved Miami-Dade County Zoning Hearing Resolutions.
Current Situation
In order to accommodate future growth and expansion of the property and be in compliance with the City
of Miami Gardens Land Development Regulations (LDRs), the applicant, The Archdiocese of Miami, is
requesting a zoning change from AU, Agricultural and Utilities to PD, Planned Development.
Per Section 34-287, Use Regulations, Generally-Table 1: Permitted Uses of the City’s Land Development
Regulations (LDR) as outlined below, “Educational and child care facilities - non-public (includes charter)”
and “Educational facilities – technical, vocational, specialty – non-public” are either not permitted within
the AU, Agricultural and Utilities zoning district or are permitted only by Special Exception approval. The
proposed PD – Planned Development zoning district permits both types of facilities by right and is
considered to be the most appropriate zoning district for the site to accommodate any future
improvements.
Table 1: Permitted Uses
Zoning Districts/Uses R-1 R-2
R-15,
R-25,
R-50
NC PCD EO OF I-1 I-2 PD AU GP
Public and Institutional Type Uses
Educational and child care facilities
non-public* (includes charter) SE SE SE P P □ P P P P SE P
Educational facilities—technical,
vocational, specialty—non-public □ □ □ P P □ SE P P P □ P
Analysis
The proposed rezoning of the subject property from AU, Agricultural and Utilities to PD, Planned
Development is consistent with the policies and objectives of the City of Miami Gardens Comprehensive
Development Master Plan (CMDP), and satisfies the criteria for granting of amendments or adoption of
changes to the text of the LDRs or change of the actual official zoning map designation of a parcel or
parcels.
69 of 203
Proposed Action:
It is recommended the City Council adopt this Ordinance rezoning the subject property from AU,
Agricultural and Utilities to PD, Planned Development.
Attachments:
Exhibit “A”- Survey and Legal Description
Exhibit “B”- Staff Recommendation
70 of 203
ORDINANCE NO. 2017____ 1
2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI 3 GARDENS, FLORIDA, APPROVING THE APPLICATION FOR THE 4 REZONING OF THE PACE HIGH SCHOOL AND MARIAN CENTER 5
PROPERTY, LOCATED AT 15600 NW 32ND AVENUE AND 15701 NW 6
37TH AVENUE, MIAMI GARDENS, FLORIDA MORE PARTICULARLY 7
DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO, FROM AU, 8 AGRICULTURE AND UTILITIES TO PD, PLANNED DEVELOPMENT; 9 PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING 10
ALL ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY 11
CLAUSE; PROVIDING FOR INCLUSION IN THE LAND DEVELOPMENT 12
CODE; PROVIDING FOR AN EFFECTIVE DATE. 13 WHEREAS, the Archdiocese of Miami (Applicant), is the owner of the Pace High 14
School and Marian Center property, located at 15600 Northwest 32nd Avenue and 15
15701 Northwest 37th Avenue, just south of the St. Thomas University campus in Miami 16
Gardens, Florida, comprised of eighty-eight point eighty-eight (88.88) acres, more 17
particularly described in Exhibit “A” attached hereto, and 18
WHEREAS, the property is currently zoned as Agricultural and Utilities (AU), and 19
WHEREAS, in order to accommodate future growth and expansion of the property 20
and be in compliance with the City of Miami Gardens Land Development Regulations 21
(LDRs), the Applicant is requesting a zoning change from AU to Planned Development 22
(PD), and 23
WHEREAS, per Section 34-287 of the City’s Code of Ordinances, “Educational and 24
child care facilities - non-public (includes charter)” and “Educational facilities – technical, 25
vocational, specialty – non-public” are either not permitted within the AU, or permitted only 26
by Special Exception approval, and 27
WHEREAS, in order to facilitate the proposed redevelopment of the site, the 28
Applicant is seeking to rezone the property to PD, and 29
71 of 203
2
WHEREAS, the City’s Planning and Zoning Staff has made a determination that 30
the proposed rezoning of the subject property will be consistent with the policies and 31
objectives of the City’s Comprehensive Development Master Plan (CDMP), and 32
WHEREAS, the City Council has considered the testimony of the Applicant, if 33
any, and 34
WHEREAS, the City Council also considered that testimony of the City’s 35
Planning and Zoning staff, and the staff report attached hereto as Exhibit “B” and 36
incorporated in by reference, 37
NOW, THEREFORE, BE IT ORDAINED 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 Ordinance. 42
Section 2. APPROVAL: The City Council of the City of Miami Gardens, Florida 43
hereby approves the rezoning of the Pace High School and Marian Center property 44
located at 15600 Northwest 32nd Avenue and 15701 Northwest 37th Avenue, in Miami 45
Gardens, Florida, more particularly described on Exhibit “A”, attached hereto, from 46
Agricultural and Utilities to Planned Development. 47
Section 3. CONFLICT: All ordinances or Code provisions in conflict herewith 48
are hereby repealed. 49
Section 4. SEVERABILITY: If any section, subsection, sentence, clause, 50
phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by 51
any court of competent jurisdiction, such portion shall be deemed a separate, distinct 52
72 of 203
3
and independent provision and such holding shall not affect the validity of the remaining 53
portions of this Ordinance. 54
Section 5. INCLUSION IN CODE: It is the intention of the City Council of 55
the City of Miami Gardens that the provisions of this Ordinance shall become and be 56
made a part of the Code of Ordinances of the City of Miami Gardens and that the 57
section of this Ordinance may be renumbered or relettered and the word “Ordinance” 58
may be changed to “Chapter,” “Section,” “Article” or such other appropriate word or 59
phrase, the use of which shall accomplish the intentions herein expressed. 60
Section 6. EFFECTIVE DATE: This Ordinance shall not become effective until 61
a Land Use Amendment has been approved by the City Council changing the land use 62
designation for this property from “Neighborhood” to “Commerce”, as recommended by 63
the Local Planning Agency (LPA). 64
PASSED ON FIRST READING ON THE 22nd DAY OF FEBRUARY, 2017.
PASSED ON SECOND READING ON THE ____ DAY OF _________, 2017.
65
___________________________________ 66
OLIVER GILBERT, III, MAYOR 67
68 69 70
ATTEST: 71
72
73 __________________________________ 74 RONETTA TAYLOR, MMC, CITY CLERK 75
76
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 77
78 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 79 80
Moved by: __________________ 81
Seconded by: ________________ 82
83
73 of 203
4
VOTE: _________ 84
85
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 86 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 87 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 88
Councilman Rodney Harris ____ (Yes) ____ (No) 89
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 90
Councilwoman Felicia Robinson ____ (Yes) ____ (No) 91 Councilman David Williams Jr ____ (Yes) ____ (No) 92
93 94
74 of 203
Rezoning for Pace High School and Marian Center
PZ-2017-001705
EXHIBIT “A” – Survey and Legal Description
75 of 203
76
of
20
3
PZ-2017-001705
Pace High School and Marian Center Rezoning
AU, Agricultural and Utilities to PD, Planned Development
Exhibit “B”- Staff Recommendation
77 of 203
PZ-2017-001705
Pace High School and Marian Center Rezoning
AU, Agricultural and Utilities to PD, Planned Development
STAFF RECOMMENDATION
PZ-2017-001705
APPLICATION INFORMATION
Applicant: Pace High School and Marian Center Rezoning
Property Location: 15600 NW 32nd Avenue and 15701 NW 37th AVENUE
Folio No.: 34-2116-000-0040
Property Size: 88.88 Acres
Future Land Use: Commerce
Existing Zoning: AU, Agricultural and Utilities
Requested Action(s): Rezone from AU, Agricultural and Utilities to PD, Planned
Development
RECOMMENDATION:
Staff recommends granting the rezoning of the subject property from AU- Agricultural and Utilities to
PD – Planned Development.
REVIEW AND ANALYSIS:
Neighborhood Land Use Characteristics
Property Future Land Use
Designation Zoning Classification Existing Use
Subject Site Commerce AU-Agricultural and Utilities Educational
North Commerce PD- Planned Development Educational
South Commerce &
Neighborhood
I-1- Light Industrial
R-1 – Single Family
Industrial
Residential
East Neighborhood R-1 – Single Family Residential
West Neighborhood R-1 – Single Family Residential
78 of 203
PZ-2017-001705
Pace High School and Marian Center Rezoning
AU, Agricultural and Utilities to PD, Planned Development
Project Summary/Background
Pace High School and Marian Center are located at 15600 NW 32nd Avenue and 15701 NW
37th Avenue, just south of the St. Thomas University campus. The site is comprised of
approximately 88.88 acres (3,871,612 sq. ft.) and falls within the AU, Agricultural and Utilities
zoning designation. There are several educational buildings and structures existing since the
original development in 1961 and subsequent development has occurred within the AU,
Agriculture and Utilities classification based on approved Miami-Dade County Zoning Hearing
Resolutions.
In order to accommodate future growth and expansion of the property and be in compliance with
the City of Miami Gardens Land Development Regulations (LDRs), the applicant, The Archdiocese
of Miami, is requesting a zoning change from AU, Agricultural and Utilities to PD, Planned
Development.
Per Section 34-287, Use Regulations, Generally-Table 1: Permitted Uses of the City’s Land
Development Regulations (LDR) as outlined below, “Educational and child care facilities - non-
public (includes charter)” and “Educational facilities – technical, vocational, specialty – non-
public” are either not permitted within the AU, Agricultural and Utilities zoning district or are
permitted only by Special Exception approval. The proposed PD – Planned Development zoning
district permits both types of facilities by right and is considered to be the most appropriate
zoning district for the site to accommodate any future improvements.
Table 1: Permitted Uses
Zoning Districts/Uses R-1 R-2
R-15,
R-25,
R-50
NC PCD EO OF I-1 I-2 PD AU GP
Public and Institutional Type Uses
Educational and child care facilities
non-public* (includes charter) SE SE SE P P □ P P P P SE P
Educational facilities—technical,
vocational, specialty—non-public □ □ □ P P □ SE P P P □ P
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AU, Agricultural and Utilities to PD, Planned Development
Analysis
The proposed rezoning of the subject property from AU, Agricultural and Utilities to PD,
Planned Development is consistent with the policies and objectives of the City of Miami
Gardens Comprehensive Development Master Plan (CMDP), and satisfies the criteria for
granting of amendments or adoption of changes to the text of the LDRs or change of the actual
official zoning map designation of a parcel or parcels.
Consistency with City of Miami Gardens Comprehensive Development Master Plan (CDMP)
The subject property is designated Commerce on the Future Land Use Map included in the
Future Land Use Element of the CDMP. The rezoning request is generally consistent with the
goals, objectives and policies of the CDMP as follows:
The major premises of the Future Land Use Element include the following:
• Encourage infill development and redevelopment within the existing urban service area
and with already available facilities and services;
Policy 1.3.1: Commerce areas shall provide for a wide variety of uses that range from major
educational institutions, civic and governmental centers to major retail services as well as single
purpose industrial areas.
Policy 1.5.12: St. Thomas University Area. St. Thomas University’s campus is barely visible on the
south side of the Palmetto Expressway due to the environmentally significant Dade County Pine
Tree hammock located on the north side of the campus. Many of the buildings are of the Miami
Modern architectural style. There is much open space on the attractive campus which houses a
local-oriented teacher’s program amongst other educational programs. Additional educational
programming development and related activities are anticipated and encouraged.
Anticipated Facilities Impact
Concurrency determinations are not finalized during the zoning approval process. Staff
recommendation to approve the Applicant’s rezoning request does not constitute a final
development order. One or more concurrency determinations will subsequently be required as
part of any future development.
Zoning Review and Analysis
The City Council may grant the rezoning of the properties subject to meeting the criteria set
forth in Section 34-49(f) of the City’s Land Development Regulations:
“(f) Criteria for granting of amendments or adoption of changes to the text of the LDRs, or
change of the actual official zoning map designation of a parcel or parcels. The detriments or
benefits of amendments or adoption of changes to the text of the LDRs, or change of the actual
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official zoning map designation of a parcel or parcels shall not be denied consideration on the
grounds that they are indirect, intangible or not readily quantifiable. In evaluating the
application, among other factors related to the general welfare, the following shall be
considered:
(1) The development permitted by the application, if granted, conforms to the city's
comprehensive development master plan; is consistent with applicable area or
neighborhood studies or plans, and would serve a public benefit warranting the granting
of the application at the time it is considered;
(2) The development permitted by the application, if granted, will have a favorable or
unfavorable impact on the environmental and natural resources of the city, including
consideration of the means and estimated cost necessary to minimize the adverse
impacts; the extent to which alternatives to alleviate adverse impacts may have a
substantial impact on the natural and human environment; and whether any irreversible
or irretrievable commitment of natural resources will occur;
(3) The development permitted by the application, if granted, will have a favorable or
unfavorable impact on the economy of the city;
(4) The development permitted by the application, if granted, will efficiently use or unduly
burden water, sewer, solid waste disposal, recreation, education or other necessary
public facilities which have been constructed or planned and budgeted for construction;
(5) The development permitted by the application, if granted, will efficiently use or unduly
burden or affect public transportation facilities, including mass transit, roads, streets and
highways which have been constructed or planned and budgeted for construction, and if
the development is or will be accessible by public or private roads, streets or highways.”
Findings of the request pursuant to the rezoning criteria set forth above are as follows:
1. The applicant’s request is generally consistent with the policies, goals and
objectives of the CDMP as outlined above. Rezoning of the property to
facilitate the expansion of the existing private educational facilities is
considered both appropriate and complimentary to the existing development
in the surrounding area such as the St. Thomas University campus to the
north.
2. The rezoning will not negatively affect or impact the natural or human
environment in the area. The site is already developed and has been in
existence as an educational facility since 1961. The applicant intends to
continue to use the site as an educational facility and there are no major
changes planned to the general character of the area.
3. Future development as the result of the rezoning will have a favorable impact
on the economy of the City as it will facilitate future expansion of the campus
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AU, Agricultural and Utilities to PD, Planned Development
and provide direct benefits such as permitting and licensing fees. The City and
its residents may also benefit indirectly through job opportunities and
enrollment opportunities that result from any future growth and expansion.
4. As an existing private education facility, the rezoning of the site will not
unduly impact public facilities such as water, sewer, drainage, education or
recreation as the site is already constructed and connected to all necessary
services.
5. Rezoning will not unduly impact public transportation facilities, streets or
highways as the site is well located and already easily accessible by public
roads such as NW 157th Street and NW 32nd Avenue.
Conclusion: The proposed rezoning from AU, Agricultural and Utilities to PD, Planned
Development is generally consistent with the policies, goals and objectives of the City’s
Comprehensive Development Master Plan, and satisfies Section 34-49(f) of the City’s Land
Development Regulations, which establishes the criteria for granting of amendments or
adoption of changes to the text of the Land Development Regulations, or change of the actual
official zoning map designation of a parcel or parcels.
Attachments:
Attachment “A” – Location Map
Attachment “B” – Zoning Map
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ATTACHMENT “A”
SUBJECT PROPERTY
LOCATION MAP
Subject Property:
15600 NW 32ND AVENUE
15701 NW 37TH AVENUE
Folio No. 34-2116-000-0040
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ATTACHMENT “B”
SUBJECT PROPERTY
ZONING MAP
Subject Property:
15600 NW 32ND AVENUE
15701 NW 37TH AVENUE
Folio No. 34-2116-000-0040
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18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: March 22, 2017 Item Type: (Enter X in box) Resolution Ordinance Other
X
Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading
X Public Hearing: (Enter X in box) Yes No Yes No X
Funding Source: (Enter Fund & Dept) N/A Advertising Requirement: Yes No
X
Contract/P.O. Required: Yes No RFP/RFQ/Bid #: (Enter #)
N/A 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:
X
Sponsor Name: Cameron Benson,
City Manager
Department: Planning & Zoning Services
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA APPROVING THE SPECIAL EXCEPTION APPLICATION SUBMITTED BY INTERNATIONAL EQUIPMENT SALES, LLC, TO ALLOW THE
SELLING OF PRE-OWNED REFRIGERATED TRUCKS AND TRAILERS
WITHIN THE LIGHT INDUSTRIAL DISTRICT (I-1), FOR THE PROPERTY
LOCATED AT 15290 N.W. 34TH AVENUE, MORE PARTICULARLY DESCRIBED ON EXHIBIT “A’ ATTACHED HERETO, SUBJECT TO THE CONDITIONS LISTED IN THE DECLARATION OF RESTRICTIONS ATTACHED HERE TO AS
EXHIBIT “C”; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
Item O-1) Resolution
Public Hearing
Application/ InternantionalEquipment Sales, LLC.
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Background
The applicant, Maximo Rodriguez of International Equipment Sales, LLC, currently operates a truck
refrigeration business at 15290 NW 34th Avenue. The site is approximately 1.49 acres in size and
houses a 4,992 sq. ft. warehouse building with the remainder of the site being vacant. The location is
designated as Commerce on the City of Miami Gardens Future Land Use Map (FLUM) and is located in
the I-1, Light Industrial zoning district which permits warehousing operations.
Current Situation
The applicant wishes to expand the existing business by developing the vacant portion of the site for the
purpose of selling pre-owned refrigerated trucks and trailers. Pursuant to Section 34-287, Use
Regulations, Generally of the City of Miami Gardens Land Development Regulations (LDRs), the sale of
pre-owned vehicles in the I-1, Light Industrial zoning district is only permitted by Special Exception
approval.
ZONING DISTRICT/USE I-1, Light Industrial
Vehicle Sales—Used
Automobiles
SE
Special Exception
The applicant is seeking Special Exception approval pursuant to Section 34-48, Granting of Special
Exception Uses, of the LDRs to allow the sale of pre-owned refrigerated trucks and trailers in the I-1,
Light Industrial zoning district.
Analysis
The proposed special exception use request to permit vehicle sales—used automobiles, was analyzed for
the criteria set forth above:
1. The proposed use is consistent with the Goals, Objectives and Policies of the Commerce
designation of the City’s Comprehensive Development Master Plan.
2. If a Special Exception is granted any proposed development plans will be required to meet the
City of Miami Gardens Land Development regulations. The use as proposed is consistent with the
light industrial nature of businesses within the surrounding area and will not impact the design of
the industrial character of the neighborhood. The use is considered to be in harmony with the
surrounding industrial uses already in existence and will be designed to have adequate parking
and access to the site.
3. The sale of used automobiles is not considered to be a noxious use. Therefore, the proposed use
is not considered to be detrimental to the use, peaceful enjoyment, economic value, or
development of surrounding properties or the general neighborhood; and will not cause
objectionable noise, vibrations, fumes, odors and dust.
4. The proposed use will not have a detrimental effect on vehicular or pedestrian circulation and
flow within the vicinity of the site as there is already a network of streets and sidewalks in
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existence. The proposed use will not adversely affect the health, safety, security, morals, or
general welfare of residents, visitors, or workers in the area.
5. The proposed use is industrial in nature and will consist of constructing an expanded parking lot;
it will not involve the construction of any new building. Proper paving and drainage will be
provided for the new parking area as required in the LDRs. As such, the use will not overburden
existing public services and facilities, including schools, parks, police and fire protection, water,
sanitary sewer, public roads, storm water drainage, and other public improvements and services;
6. The proposed use will operate as defined in the City’s Land Development Regulations;
7. The proposed use will be in compliance with the City’s Land Development Regulations and the
requirements for business licensing and operations.
Conclusion
The City’s LDRs allows for the review of Special Exception Use on a case-by-case basis. Based on staff’s
analysis, the proposed application satisfies the criteria for approval of Special Exception Uses as outlined
in Section 34-48, Granting of Special Exception Uses, of the Land Development Regulations.
Proposed Action:
Staff recommends adoption of the Resolution to approve the request for Special Exception Use to
permit Vehicle Sales—Used Automobiles inclusive of pre-owned equipment, truck and trailer sales,
located at 15290 NW 34th Avenue, Miami Gardens, Florida, within the I-1, Light Industrial zoning district,
subject to the conditions listed in the Declaration of Restrictions attached here to as Exhibit “C”.
Attachments:
Attachments: Exhibit “A” – Survey & Legal Description
Exhibit “B” – Staff Recommendation
Exhibit “C” – Declaration of Restrictions
Exhibit “D” – Paving and Drainage Plan
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RESOLUTION NO. 2017____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA APPROVING THE SPECIAL 4 EXCEPTION APPLICATION SUBMITTED BY INTERNATIONAL 5
EQUIPMENT SALES, LLC, TO ALLOW THE SELLING OF PRE-6
OWNED REFRIGERATED TRUCKS AND TRAILERS WITHIN 7
THE LIGHT INDUSTRIAL DISTRICT (I-1), FOR THE PROPERTY 8 LOCATED AT 15290 N.W. 34TH AVENUE, MORE PARTICULARLY 9 DESCRIBED ON EXHIBIT “A’ ATTACHED HERETO, SUBJECT 10
TO THE CONDITIONS LISTED IN THE DECLARATION OF 11
RESTRICTIONS ATTACHED HERE TO AS EXHIBIT “C; 12
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 13 PROVIDING FOR AN EFFECTIVE DATE. 14 15
WHEREAS, the Applicant, International Equipment Sales, LLC, is the owner of 16
the property located at 15290 Northwest 34th Avenue, more particularly described on 17
Exhibit “A” attached hereto, and 18
WHEREAS, the Applicant is seeking special exception approval in accordance 19
with Section 34-48 of the City’s Land Development Code, to expand its existing truck 20
refrigeration business by developing the vacant portion of the site for the purpose of 21
selling pre-owned refrigerated trucks and trailers within the Light Industrial District (I-1), 22
and 23
WHEREAS, the City Council has considered the testimony of the Applicant, if 24
any, and 25
WHEREAS, the City’s Planning and Zoning staff has reviewed the Application, 26
and the Staff Report attached hereto on Exhibit “B”, subject to the conditions listed in 27
the Declaration of Restrictions attached here to as Exhibit “C”, 28
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 29
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 30
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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: APPROVAL: The City Council of the City of Miami Gardens hereby 34
approves the application submitted by International Equipment Sales, LLC, for the 35
property located at 15290 Northwest 34th Avenue, more particularly described on 36
Exhibit “A” attached hereto, for a special exception to expand its existing truck 37
refrigeration business by developing the vacant portion of the site for the purpose of 38
selling pre-owned refrigerated trucks and trailers within the Light Industrial District (I-1), 39
subject to the conditions listed in the Declaration of Restrictions attached here to as 40
Exhibit “C”. 41
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 42
upon its final passage. 43
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 44
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 45
46
___________________________________ 47 OLIVER GILBERT, III, MAYOR 48 49
50
51
ATTEST: 52 53 54
__________________________________ 55
RONETTA TAYLOR, MMC, CITY CLERK 56
57 58 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 59
60
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3
61
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 62
63 Moved by: __________________ 64 65
VOTE: _________ 66
67
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 68 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 69 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 70
Councilman Rodney Harris ____ (Yes) ____ (No) 71
Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 72
Councilwoman Felicia Robinson ____ (Yes) ____ (No) 73 Councilman David Williams Jr ____ (Yes) ____ (No) 74
75
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EXHIBIT “A” – Survey and Legal Description
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EXHIBIT “B”-STAFF RECOMMENDATION
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Special Exception Request for International Equipment Sales, LLC PZ-2017-001720
STAFF RECOMMENDATION
PZ-2017-001720
APPLICATION INFORMATION
Applicant: International Equipment Sales, LLC
Property Location: 15290 NW 34th Avenue
Property Size: 64,931 sf (1.40 acres) Future Land Use: Commerce
Existing Zoning: I-1, Light Industrial
Requested Action: Special Exception Use to permit Vehicle Sales—Used
Automobiles inclusive of pre-owned equipment, truck, and trailer
sales
RECOMMENDATION:
Staff recommends adoption of the Resolution to approve the request for Special Exception Use to
permit Vehicle Sales—Used Automobiles inclusive of pre-owned equipment, truck and trailer sales,
located at 15290 NW 34th Avenue, Miami Gardens, Florida, within the I-1, Light Industrial zoning
district, subject to the conditions listed in the Declaration of Restrictions attached here to as Exhibit “C”.
REVIEW AND ANALYSIS: Neighborhood Land Use Characteristics
Property Future Land Use Designation Zoning Classification Existing Use
Site Commerce I-1, Light Industrial Warehouse/Industrial
North Commerce I-1, Light Industrial Warehouse/Industrial
South Commerce I-1, Light Industrial Warehouse/Industrial
East Commerce I-1, Light Industrial Warehouse/Industrial
West Unincorporated Miami-Dade County Opa-Locka Airport
The subject property is zoned I-1, Light Industrial and has been designated as Commerce in the City of
Miami Gardens Comprehensive Development Master Plan (CDMP). The zoning and land use is consistent
for all lots surrounding the site, which are also within the Commerce land use designation and the I-1,
Light Industrial zoning district.
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Project Summary/Background
The applicant, Maximo Rodriguez of International Equipment Sales, LLC, currently operates a truck
refrigeration business at 15290 NW 34th Avenue. The site is approximately 1.49 acres in size and
houses a 4,992 sq. ft. warehouse building with the remainder of the site being vacant. The location is
designated as Commerce on the City of Miami Gardens Future Land Use Map (FLUM) and is located in
the I-1, Light Industrial zoning district which permits warehousing operations.
The applicant wishes to expand the existing business by developing the vacant portion of the site for the
purpose of selling pre-owned refrigerated trucks and trailers. Pursuant to Section 34-287, Use
Regulations, Generally of the City of Miami Gardens Land Development Regulations (LDRs), the sale of
pre-owned vehicles in the I-1, Light Industrial zoning district is only permitted by Special Exception
approval.
ZONING DISTRICT/USE I-1, Light Industrial
Vehicle Sales—Used
Automobiles
SE
Special Exception
The applicant is seeking Special Exception approval pursuant to Section 34-48, Granting of Special
Exception Uses, of the LDRs to allow the sale of pre-owned refrigerated trucks and trailers in the I-1,
Light Industrial zoning district.
Consistency with City of Miami Gardens Comprehensive Development Master Plan
The subject parcel is designated Commerce on the Future Land Use Map (FLUM) of the Comprehensive
Development Master Plan (CDMP) of the City of Miami Gardens.
Objective 1.3.2 states: “Within the context of this plan element, Commercial and Office generally means
retail sales and services whereby goods and services are provided. Offices and other activities including but
not limited to restaurants and as well as automobile-oriented activities are also included”.
The proposed special exception use of vehicle sales—used automobiles would provide an automobile-
oriented activity that is consistent with the Commerce area designation.
Conclusion: The proposed vehicle sales—used automobiles is consistent with the goals and objectives of
the CDMP.
Zoning Review and Analysis
The City Council may grant or deny approval of a special exception use request as set forth in Section 34-
48(g) of the City’s Zoning and Land Development Code:
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Special Exception Request for International Equipment Sales, LLC PZ-2017-001720
(g) Criteria for granting of special exception use approval. To authorize any special
exception use, the zoning appeals board shall find all of the following:
(1) The special exception use will be consistent with the city’s comprehensive development master plan;
(2) The special exception use will be in harmony with the general character of the
neighborhood considering population density, design, scale and bulk of any proposed new structures, intensity and character of activity, traffic and parking conditions, and number of similar uses;
(3) The special exception use will not be detrimental to the use, peaceful enjoyment,
economic value, or development of surrounding properties or the general neighborhood; and will cause no objectionable noise, vibrations, fumes, odors, dust, glare, electrical interference, or physical activity;
(4) The special exception use will have no detrimental effect on vehicular or
pedestrian circulation and flow within the vicinity of the use. The special exception will not adversely affect the health, safety, security, morals, or general welfare of residents, visitors, or workers in the area;
(5) The special exception will not, in conjunction with existing and proposed development in the area and development permitted under existing zoning, overburden existing public services and facilities, including schools, parks, police
and fire protection, water, sanitary sewer, public roads, storm water drainage,
and other public improvements and services;
(6) That the special exception use otherwise meets the definition standards set forth elsewhere in this chapter for such particular use; and
(7) That development, use and operation of the site will be in compliance with all applicable code regulations, development standards and any additional standards
imposed by the city council or zoning appeals board with the intent of protecting
adjacent properties and preserving neighborhood character.
The proposed special exception use request to permit vehicle sales—used automobiles, was analyzed
for the criteria set forth above:
1. The proposed use is consistent with the Goals, Objectives and Policies of the Commerce
designation of the City’s Comprehensive Development Master Plan as referenced above.
2. If a Special Exception is granted any proposed development plans will be required to meet the
City of Miami Gardens Land Development regulations. The use as proposed is consistent with
the light industrial nature of businesses within the surrounding area and will not impact the
design of the industrial character of the neighborhood. The use is considered to be in harmony
with the surrounding industrial uses already in existence and will be designed to have adequate
parking and access to the site.
3. The sale of used automobiles is not considered to be a noxious use. Therefore, the proposed use
is not considered to be detrimental to the use, peaceful enjoyment, economic value, or
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development of surrounding properties or the general neighborhood; and will not cause
objectionable noise, vibrations, fumes, odors and dust.
4. The proposed use will not have a detrimental effect on vehicular or pedestrian circulation and
flow within the vicinity of the site as there is already a network of streets and sidewalks in
existence. The proposed use will not adversely affect the health, safety, security, morals, or
general welfare of residents, visitors, or workers in the area.
5. The proposed use is industrial in nature and will consist of constructing an expanded parking lot;
it will not involve the construction of any new buildings. Proper paving and drainage will be
provided for the new parking area as required in the LDRs. As such, the use will not overburden
existing public services and facilities, including schools, parks, police and fire protection, water,
sanitary sewer, public roads, storm water drainage, and other public improvements and
services;
6. The proposed use will operate as defined in the City’s Land Development Regulations;
7. The proposed use will be in compliance with the City’s Land Development Regulations and the
requirements for business licensing and operations.
Conclusion
The City’s LDRs allows for the review of Special Exception Use on a case-by-case basis. Based on staff’s
analysis, the proposed application satisfies the criteria for approval of Special Exception Uses as outlined
in Section 34-48, Granting of Special Exception Uses, of the Land Development Regulations.
Anticipated Facilities Impact
General: There are no anticipated additional impacts on public facilities, including water and sewer, as no
new buildings or structures are being proposed for the site. The expansion will be limited to paving and
drainage only and a Public Works permit review will be required to ensure adequate stormwater
management.
Attachments:
Attachment “A” - Hearing Area Map
Attachment “B” - Hearing Area Zoning Map
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Attachment “A” - Hearing Area Map
SUBJECT PROPERTY
HEARING AREA MAP
Attach
City of Miami Gardens Planning & Zoning Division
Subject Property:
15290 NW 34th Avenue
(Folio No.: 34-2116-014-0420)
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Attachment “B” - Hearing Area Zoning Map
SUBJECT PROPERTY
City of Miami Gardens Planning & Zoning Division
Subject Property:
15290 NW 34th Avenue
(Folio No.: 34-2116-014-0420)
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EXHIBIT “C” – Declaration of Restrictions
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Return to: (enclose self-addressed stamped envelope)
Name: Ronetta Taylor, City Clerk
18605 N.W. 27th Avenue
Miami Gardens, Florida 33056
This Instrument Prepared by:
Sonja K. Dickens, Esquire
City Attorney
18605 N.W. 27th Avenue Miami Gardens, Florida 33056
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA
DECLARATION OF RESTRICTIONS
WHEREAS, Maximo Rodriguez of International Equipment Sales, LLC,
("Applicant"), operates a truck refrigeration installation business at a certain property
located at 15290 NW 34th Avenue, more particularly described in Exhibit “A” attached
hereto ("Property"), and
WHEREAS, the Applicant desires to expand the business to include the sale of
pre-owned refrigerated trucks and trailers, and
WHEREAS, the Applicant is seeking special exception approval, in accordance
with Section 34-48 of the City’s Land Development Code, to allow for Vehicle Sales—
Used Automobiles in connection with the existing business as a permitted use,
IN ORDER TO ASSURE the City of Miami Gardens that the representations made
by the Applicant will be abided by, the Applicant, subject only to conditions contained
herein, freely, voluntarily and without duress, makes the following Declaration of
Restrictions covering and running with the Property:
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2
1. Building Permit. The applicant agrees that no on-site work shall take place without
obtaining an approved building permit and public works permit in accordance with
the City of Miami Gardens Code of Ordinances..
2. Landscaping. The applicant shall submit a landscape plan to the City of Miami
Gardens for its review and approval; said plan should include the type and size of
planting material prior to the issuance of a building permit.
3. Business License. Applicant agrees to maintain a valid business license at all
times.
4. Signage. All signage shall be in compliance with Article XVII - Sign Regulations of
the City of Miami Gardens Code of Ordinances.
5. Parking, Loading and Unloading. All parking, loading and unloading activities are
required to be performed on site; parking, loading or unloading within the swale or
along the right-of-way is prohibited.
6. Outdoor Storage. No outdoor storage of materials is permitted without approval by
the Business Licensing Division.
7. Nuisance Abatement. The Applicant shall take all reasonable measures to avoid
any nuisance to the surrounding businesses and property owners. Failure or
continued violation of this provision or if when, in the opinion of the Administrative
Official, the use becomes a nuisance, the City may revoke the Special Exception, Certificate of Use and business license accordingly.
8. City Inspection. As further part of this Declaration, it is hereby understood and
agreed that any official inspector of the City, or its agents duly authorized, may have
the privilege at any time during normal working hours of entering and inspecting the use of the premises to determine whether or not the requirements of the building and
zoning regulations and the conditions herein agreed to are being complied with.
9. Use. The use shall be non-transferable. Any transfer, sale, or expansion of the
business use will require a new special exception request, and approval by the City Council.
10. Covenant Running With The Land. This Declaration on the part of the Applicant
shall constitute a covenant running with the land and shall remain in full force and
effect and be binding upon the Applicant, and his heirs, successors and assigns until
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3
such time as the same is modified or released. These restrictions during their
lifetime shall be for the benefit of, and limitation upon, all present and future owners
of the real property and for the public welfare.
11. Term. This Declaration is to run with the land and shall be binding on all parties and
all persons claiming from the date this Declaration is recorded. This Declaration
shall be in effect for a period of thirty (30) years from the date of recordation in the public records of Miami-Dade County, Florida, after which time it shall be
automatically extended for periods of ten (10) years. This Declaration may be
modified, amended or released as to the Property or any portion thereof by a written
instrument executed by the then Applicant(s) of the Property, and applicable
mortgagees, if any, provided that same is approved by the City Council after public hearing. In such event, the Mayor or City Manager shall execute a written
instrument suitable for recordation acknowledging such modification, amendment or
release.
12. Modification, Amendment, Release. This Declaration of Restrictions may be modified, amended or released as to the land herein described, or any portion
thereof, by a written instrument executed by the, then, owner(s) of all of the
Property, including joinders of all mortgagees, if any, provided that the same is also
approved by the City, or other procedure permitted under the City's Code, whichever
by law has jurisdiction over such matters, after public hearing.
13. Enforcement. Enforcement shall be by action against any parties or person
violating, or attempting to violate, any covenants. The prevailing party in any action
or suit pertaining to or arising out of this declaration shall be entitled to recover, in
addition to costs and disbursements allowed by law, such sum as the Court may
judge to be reasonable for attorney fees. This enforcement provision shall be in
addition to any other remedies available at law or in equity. Jurisdiction shall be
proper in Miami-Dade County.
14. Authorization for Miami Gardens to Withhold Permits and Inspections. In the
event the terms of this Declaration are not complied with, in addition to any other
remedies available, the City is hereby authorized to withhold any further permits, and
refuse to make any inspections or grant any approvals, until such time as this
Declaration is complied with.
15. Executed Copy to be provided to the City. Executed Copy to be provided to
the City Clerk. The Applicant shall be fully responsible for providing to the City Clerk
an original and fully executed copy of the Declaration of Restrictions within thirty (30)
days of the approval of this request by the City Council, unless an appeal is filed or
otherwise the Director, for good cause shown, grants a time extension. If this is not
accomplished, the approval shall become null and void. If circumstances prevent the
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Applicant from complying with this timeframe condition, the Applicant may request,
in writing, an extension of said thirty-day timeframe in writing to the Planning and
Zoning Services Director, who is authorized to take such action upon the request to
approve, disapprove or approve with conditions such request.
16. Election of Remedies. All rights, remedies and privileges granted herein shall be
deemed to be cumulative and the exercise of any one or more shall neither be
deemed to constitute an election of remedies, nor shall it preclude the party
exercising the same from exercising such other additional rights, remedies or
privileges.
17. Recording. The City, at Applicant's expense following the approval of the same by
the City of Miami Gardens, shall file this Declaration of record in the Public Records
of Miami-Dade County, Florida.
18. Acceptance of Declaration. Applicant acknowledges that acceptance of this
Declaration does not obligate the City in any manner, nor does it entitle Applicant to a favorable recommendation or approval of any application, zoning or otherwise, and
the City Council retains its full power and authority to deny each such application in
whole or in part, and to decline to accept any conveyance.
19. Applicant. The term Applicant shall include the Applicant, and its heirs, successors
and assigns.
20. Waiver. Each and every covenant and agreement contained herein shall be for any
and all purposes hereof construed as separate and independent and the breach of
any covenant by any party shall not release or discharge such party from its
obligations hereunder. No delay or omission by any party to exercise its rights
accruing upon any noncompliance or failure of performance by any party shall impair
any such right or be construed to be a waiver thereof. A waiver by any party hereto
of any of the covenants, conditions or agreements to be performed by any other
party shall not be construed to be a waiver of any succeeding breach or of any other
covenants, conditions or agreements contained herein.
21. Severability. All rights, powers and remedies provided herein may be exercised
only to the extent that the exercise thereof does not violate any then applicable law
and shall be limited to the extent necessary to render the real covenants herein valid
and enforceable. If any term, provision, covenant or agreement contained herein or
the application thereof to any person, entity or circumstance shall be held to be
invalid, illegal or unenforceable, the validity of the remaining terms, provisions,
covenants or agreements or the application of such term, provision, covenant or
agreement to persons, entities or circumstances other than those to which it is held
invalid or unenforceable shall not be affected thereby.
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22. Entire Agreement. This Agreement and any exhibits attached hereto contain the
entire agreement between the parties hereto with respect to the subject matter
hereof. This Agreement and exhibits supersede any prior correspondence,
memoranda or agreements in total hereto.
23. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original, and all of which, when taken together, shall constitute one and the same document.
SIGNATURE TO FOLLOW
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IN WITNESS WHEREOF, Applicant has executed this Declaration.
________________________________
Print Name:______________________
________________________________
Print Name: ________________
________________________________
Print Name: ___________
________________________________
Print Name: _________________________
International Equipment Sales, LLC
_______________________________
Signature
________________________________
Print Name
________________________________ Date
ACCEPTANCE
The City of Miami Gardens, hereby accepts this Declaration of Restrictions
hereby made by ____________________.
CITY OF MIAMI GARDENS, FLORIDA Attest:
_________________________________ By:_____________________________
City Clerk Cameron D. Benson, City Manager
Date:___________________________
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EXHIBIT “A”
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Special Exception for International Equipment Sales
PZ-2017-001720
EXHIBIT “D” – Paving and Drainage Plan
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9
of
20
3
18605 NW 27th Avenue
Miami Gardens, Florida 33056
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: March 22nd, 2017 Item Type: (Enter X in box) Resolution Ordinance Other
X
Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No
X
Funding Source: (Enter Fund & Dept) N/A Advertising Requirement: Yes No
X
Contract/P.O. Required: Yes No RFP/RFQ/Bid #: (Enter #) N/A 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: X
Sponsor Name: Cameron Benson, City Manager Department: Planning & Zoning Services
Short Title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA APPROVING THE SPECIAL EXCEPTION APPLICATION SUBMITTED BY REAL ESTATE HOLDINGS, INC., TO ALLOW VEHICLE SALES—USED AUTOMOBILES WITHIN THE PCD-PLANNED CORRIDOR
DEVELOPMENT DISTRICT FOR THE PROPERTY LOCATED AT 1313 NW
167TH STREET; MORE PARTICULARLY DESCRIBED ON EXHIBIT “A’
ATTACHED HERETO, SUBJECT TO THE CONDITIONS LISTED IN THE DECLARATION OF RESTRICTIONS ATTACHED HERE TO AS EXHIBIT “C; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR
AN EFFECTIVE DATE.
Staff Summary:
Background Item O-2) Resolution
Public Hearing
Application/ Real Estate Holdings, Inc.
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The subject property is zoned PCD, Planned Corridor Development and has been designated as
Commerce in the City of Miami Gardens Comprehensive Development Master Plan (CDMP). The land
use is consistent for all lots immediately adjacent to the site, which are also within the Commerce land
use designation and the PCD, Planned Corridor Development zoning district.
Current Situation
The site is approximately 5.0 acres and is currently used as a surface parking lot. The applicant, Real
Estate Holdings, INC, has proposed to redevelop the parking area and construct an AutoNation
dealership for the sale of pre-owned automobiles.
Pursuant to Section 34-287, Use Regulations, Generally of the City of Miami Gardens Land Development
Regulations (LDRs), the sale of used automobiles in the PCD, Planned Corridor Development zoning
district is only permitted by Special Exception approval. Therefore, the applicant is seeking Special
Exception approval pursuant to Section 34-48, Granting of Special Exception Uses, of the LDRs to allow
the sale of used automobiles in the PCD zoning district.
ZONING DISTRICT/USE
PCD, Planned
Corridor
Development
District
Vehicle Sales—Used
Automobiles
SE
Special Exception
Analysis
The proposed special exception use request to permit vehicle sales—used automobiles facility was
analyzed for the criteria set forth in Section 34-48, Granting of Special Exception Uses:
1.The proposed use is consistent with the Goals, Objectives and Policies of the Commerce
designation of the City’s Comprehensive Development Master Plan as referenced above.
2.The proposed use is commercial in nature and is in character with the bulk, scale and design of
the commercial character of the neighborhood. The use is considered to be in harmony with the
surrounding commercial and offices uses and will have adequate parking and access to the site
via the Palmetto Expressway and NW 12th Avenue.
3.The sale of used automobiles is not considered to be a noxious use. Therefore, the proposed use
is not considered to be detrimental to the use, peaceful enjoyment, economic value, or
development of surrounding properties or the general neighborhood; and will not cause
objectionable noise, vibrations, fumes, odors and dust. Any vehicle maintenance or service will
take place in designated bay areas.
4.The proposed use will not have a detrimental effect on vehicular or pedestrian circulation and
flow within the vicinity of the site. The proposed use will not adversely affect the health, safety,
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security, morals, or general welfare of residents, visitors, or workers in the area; there is
adequate roadway access already in existence and sidewalks are available for pedestrians along
both 12th Avenue and the Palmetto Expressway frontage.
5. The proposed use will be connected to water and sewer service and will have adequate on-site
stormwater management as required by Public Works. There is no residential component
proposed that would impact schools. There are no new roadways required to be constructed to
access the site. As such, the proposed use will not overburden existing public services and
facilities, including schools, parks, police and fire protection, water, sanitary sewer, public roads,
storm water drainage, and other public improvements and services;
6. The proposed use will be required to operate as defined in the City’s Land Development
Regulations; if a Special Exception is granted the proposed development plans will be required to
meet the City of Miami Gardens development standards.
7. The proposed use will be in compliance with the City’s Land Development Regulations and the
requirements for business licensing and operations. A declaration of restrictions is required in
order protect adjacent properties and preserve the existing neighborhood character.
Conclusion
The City’s LDRs allows for the review of Special Exception Use on a case-by-case basis. Based on staff’s
analysis, the proposed application satisfies the criteria for approval of Special Exception Uses as outlined
in Section 34-48, Granting of Special Exception Uses, of the Land Development Regulations.
Proposed Action:
Staff recommends adoption of the Resolution to approve the request for Special Exception Use to
permit Vehicle Sales—Used Automobiles, located at 1313 NW 167th Street, Miami Gardens, Florida,
within the PCD- Planned Corridor Development zoning district, subject to the conditions listed in the
Declaration of Restrictions attached as Exhibit “C”.
Attachments:
Attachments: Exhibit “A” – Survey & Legal Description
Exhibit “B” – Staff Recommendation
Exhibit “C” – Declaration of Restrictions
Exhibit “D” – Proposed Site Layout
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RESOLUTION NO. 2017____ 1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA APPROVING THE SPECIAL 4 EXCEPTION APPLICATION SUBMITTED BY REAL ESTATE 5
HOLDINGS, INC., TO ALLOW VEHICLE SALES—USED 6
AUTOMOBILES WITHIN THE PCD-PLANNED CORRIDOR 7
DEVELOPMENT DISTRICT FOR THE PROPERTY LOCATED AT 8 1313 NW 167TH STREET; MORE PARTICULARLY DESCRIBED 9 ON EXHIBIT “A’ ATTACHED HERETO, SUBJECT TO THE 10
CONDITIONS LISTED IN THE DECLARATION OF 11
RESTRICTIONS ATTACHED HERE TO AS EXHIBIT “C; 12
PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 13 PROVIDING FOR AN EFFECTIVE DATE. 14 15
WHEREAS, the Applicant, Real Estate Holdings, Inc., is the owner of the 16
property located at 1313 Northwest 167th Street, more particularly described on Exhibit 17
“A” attached hereto, and 18
WHEREAS, the Applicant is seeking special exception approval in accordance 19
with Section 34-48 of the City’s Land Development Code, to construct an AutoNation 20
dealership for the sale of pre-owned automobiles within the Planned Corridor 21
Development District (PCD), and 22
WHEREAS, the City Council has considered the testimony of the Applicant, if 23
any, and 24
WHEREAS, the City’s Planning and Zoning staff has reviewed the Application, 25
and the Staff Report attached hereto on Exhibit “B”, subject to the conditions listed in 26
the Declaration of Restrictions attached here to as Exhibit “C”, 27
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 28
OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 29
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 30
paragraphs are hereby ratified and confirmed as being true, and the same are hereby 31
made a specific part of this Resolution. 32
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Section 2: APPROVAL: The City Council of the City of Miami Gardens hereby 33
approves the application submitted by Real Estate Holdings, Inc., for the property 34
located at 1313 Northwest 167th Street, more particularly described on Exhibit “A” 35
attached hereto, for a special exception to construct an AutoNation dealership for the 36
sale of pre-owned automobiles within the Planned Corridor Development District (PCD), 37
subject to the conditions listed in the Declaration of Restrictions attached here to as 38
Exhibit “C”. 39
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 40
upon its final passage. 41
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 42
GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 43
44
___________________________________ 45
OLIVER GILBERT, III, MAYOR 46
47
48 49 ATTEST: 50
51
52
__________________________________ 53 RONETTA TAYLOR, MMC, CITY CLERK 54 55
56
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 57
58 59 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 60
61
Moved by: __________________ 62
63 VOTE: _________ 64 65
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 66
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Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 67
Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 68
Councilman Rodney Harris ____ (Yes) ____ (No) 69 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 70 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 71
Councilman David Williams Jr ____ (Yes) ____ (No) 72
73
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Special Exception for AutoNation
PZ-2017-001715
EXHIBIT “A” – Survey and Legal Description
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123621.16P-001.220_AutoNation_-_Miami_Gardens_ALTA_v1-P
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123621.16P-001.220_AutoNation_-_Miami_Gardens_ALTA_v1-P
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AutoNation Special Exception PZ-2017-001715
EXHIBIT “B”-STAFF RECOMMENDATION
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AutoNation Special Exception PZ-2017-001715
STAFF RECOMMENDATION
PZ-2017-001715
APPLICATION INFORMATION
Applicant: Real Estate Holdings, INC
Property Location: 1313 NW 167th Street
Property Size: 217,800 sq. ft. (5 Acres) / Building 30,625 sq. ft. Future Land Use: Commerce
Existing Zoning: PCD- Planned Corridor Development
Requested Action: Special Exception Use to Permit Vehicle Sales—Used
Automobiles
RECOMMENDATION:
Staff recommends adoption of the Resolution to approve the request for Special Exception Use to
permit Vehicle Sales - Used Automobiles, located at 1313 NW 167th Street, Miami Gardens, Florida,
within the PCD - Planned Corridor Development zoning district, subject to the conditions listed in the
Declaration of Restrictions attached as Exhibit “C”.
REVIEW AND ANALYSIS:
Neighborhood Land Use Characteristics
Property Future Land Use
Designation Zoning Classification Existing Use
Site Commerce PCD, Planned Corridor District Commercial
North Commerce PCD, Planned Corridor District Commercial
South Commerce I-1, Light Industrial Commercial
East Commerce PCD, Planned Corridor District Commercial
West Commerce PCD, Planned Corridor District Office
The subject property is zoned PCD, Planned Corridor Development and has been designated as
Commerce in the City of Miami Gardens Comprehensive Development Master Plan (CDMP). The land
use is consistent for all lots immediately adjacent to the site, which are also within the Commerce land
use designation and the PCD, Planned Corridor Development zoning district.
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AutoNation Special Exception PZ-2017-001715
Project Summary/Background
The subject property is zoned PCD, Planned Corridor Development and has been designated as
Commerce in the City of Miami Gardens Comprehensive Development Master Plan (CDMP). The land
use is consistent for all lots immediately adjacent to the site, which are also within the Commerce land
use designation and the PCD, Planned Corridor Development zoning district.
The site is approximately 5.0 acres and is currently used as a surface parking lot. The applicant, Real
Estate Holdings, INC, has proposed to redevelop the parking area and construct an AutoNation
dealership for the sale of pre-owned automobiles.
Pursuant to Section 34-287, Use Regulations, Generally of the City of Miami Gardens Land Development
Regulations (LDRs), the sale of used automobiles in the PCD, Planned Corridor Development zoning
district is only permitted by Special Exception approval. Therefore, the applicant is seeking Special
Exception approval pursuant to Section 34-48, Granting of Special Exception Uses, of the LDRs to allow
the sale of used automobiles in the PCD zoning district.
ZONING DISTRICT/USE PCD, Planned Corridor
Development District
Vehicle Sales—Used
Automobiles
SE
Special Exception
Consistency with City of Miami Gardens Comprehensive Development Master Plan
The subject parcel is designated Commerce on the Future Land Use Map (FLUM) of the Comprehensive
Development Master Plan (CDMP) of the City of Miami Gardens.
Objective 1.3.2 states: “Within the context of this plan element, Commercial and Office generally means
retail sales and services whereby goods and services are provided. Offices and other activities including but
not limited to restaurants and as well as automobile-oriented activities are also included”.
The proposed special exception use of vehicle sales—used automobiles would provide an automobile-
oriented activity that is consistent with the Commerce area designation.
Conclusion: The proposed vehicle sales—used automobiles is consistent with the goals and objectives of
the CDMP.
Zoning Review and Analysis
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AutoNation Special Exception PZ-2017-001715
The City Council may grant or deny approval of a special exception use request as set forth in Section 34-
48(g) of the City’s Zoning and Land Development Code:
(g) Criteria for granting of special exception use approval. To authorize any special
exception use, the zoning appeals board shall find all of the following:
(1) The special exception use will be consistent with the city’s comprehensive development master plan;
(2) The special exception use will be in harmony with the general character of the neighborhood considering population density, design, scale and bulk of any proposed new structures, intensity and character of activity, traffic and parking conditions, and number of similar uses;
(3) The special exception use will not be detrimental to the use, peaceful enjoyment, economic value, or development of surrounding properties or the general neighborhood; and will cause no objectionable noise, vibrations, fumes, odors,
dust, glare, electrical interference, or physical activity;
(4) The special exception use will have no detrimental effect on vehicular or pedestrian circulation and flow within the vicinity of the use. The special exception will not adversely affect the health, safety, security, morals, or general
welfare of residents, visitors, or workers in the area;
(5) The special exception will not, in conjunction with existing and proposed development in the area and development permitted under existing zoning,
overburden existing public services and facilities, including schools, parks, police
and fire protection, water, sanitary sewer, public roads, storm water drainage,
and other public improvements and services;
(6) That the special exception use otherwise meets the definition standards set forth elsewhere in this chapter for such particular use; and
(7) That development, use and operation of the site will be in compliance with all applicable code regulations, development standards and any additional standards
imposed by the city council or zoning appeals board with the intent of protecting
adjacent properties and preserving neighborhood character.
The proposed special exception use request to permit vehicle sales—used automobiles facility was
analyzed for the criteria set forth above:
1. The proposed use is consistent with the Goals, Objectives and Policies of the Commerce
designation of the City’s Comprehensive Development Master Plan as referenced above.
2. The proposed use is commercial in nature and is in character with the bulk, scale and design of
the commercial character of the neighborhood. The use is considered to be in harmony with
the surrounding commercial and offices uses and will have adequate parking and access to the
site via the Palmetto Expressway and NW 12th Avenue.
3. The sale of used automobiles is not considered to be a noxious use. Therefore, the proposed use
is not considered to be detrimental to the use, peaceful enjoyment, economic value, or
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AutoNation Special Exception PZ-2017-001715
development of surrounding properties or the general neighborhood; and will not cause
objectionable noise, vibrations, fumes, odors and dust. Any vehicle maintenance or service will
take place in designated bay areas.
4. The proposed use will not have a detrimental effect on vehicular or pedestrian circulation and
flow within the vicinity of the site. The proposed use will not adversely affect the health, safety,
security, morals, or general welfare of residents, visitors, or workers in the area; there is
adequate roadway access already in existence and sidewalks are available for pedestrians along
both 12th Avenue and the Palmetto Expressway frontage.
5. The proposed use will be connected to water and sewer service and will have adequate on-site
stormwater management as required by Public Works. There is no residential component
proposed that would impact schools. There are no new roadways required to be constructed to
access the site. As such, the proposed use will not overburden existing public services and
facilities, including schools, parks, police and fire protection, water, sanitary sewer, public roads,
storm water drainage, and other public improvements and services;
6. The proposed use will be required to operate as defined in the City’s Land Development
Regulations; if a Special Exception is granted the proposed development plans will be required
to meet the City of Miami Gardens development standards.
7. The proposed use will be in compliance with the City’s Land Development Regulations and the
requirements for business licensing and operations. A declaration of restrictions is required in
order protect adjacent properties and preserve the existing neighborhood character.
Conclusion
The City’s LDRs allows for the review of Special Exception Use on a case-by-case basis. Based on staff’s
analysis, the proposed application satisfies the criteria for approval of Special Exception Uses as outlined
in Section 34-48, Granting of Special Exception Uses, of the Land Development Regulations.
Anticipated Facilities Impact
General: The proposed use will be required to connect to water and sewer service. In addition,
adequate on-site stormwater management will be required by Public Works. There is no residential
component proposed that would impact schools. There are no new roadways required to be
constructed to access the site. Sidewalks for pedestrians are already available along both 12th Avenue
and the Palmetto Expressway frontage. Approval by fire will be required as part of the building permit
process. A traffic impact analysis will be required at the site plan phase along with any other
concurrency requirements as outlined in the CDMP or LDRs.
Attachments:
Attachment “A” - Hearing Area Map
Attachment “B” - Hearing Area Zoning Map
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Attachment “A” - Hearing Area Map
SUBJECT PROPERTY
HEARING AREA MAP
Attach
City of Miami Gardens Planning & Zoning Division
Subject Property:
1313 NW 167th Street
(Folio No.: 34-2111-032-0010)
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AutoNation Special Exception PZ-2017-001715
Attachment “B” - Hearing Area Zoning Map
SUBJECT PROPERTY
City of Miami Gardens Planning & Zoning Division I-1, Light Industrial
Subject Property:
1313 NW 167th Street
(Folio No.: 34-2111-032-0010)
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Special Exception Request for AutoNation
PZ-2017-001715
EXHIBIT “C” – Declaration of Restrictions
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Return to: (enclose self-addressed stamped envelope)
Name: Ronetta Taylor, City Clerk
18605 N.W. 27th Avenue
Miami Gardens, Florida 33056
This Instrument Prepared by:
Sonja K. Dickens, Esquire
City Attorney
18605 N.W. 27th Avenue Miami Gardens, Florida 33056
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA
DECLARATION OF RESTRICTIONS
WHEREAS, Real Estate Holdings, INC, ("Applicant"), wishes to operate an
AutoNation pre-owned vehicle sales business located at 1313 NW 167th Street, more
particularly described in Exhibit “A” attached hereto ("Property"), and
WHEREAS, the Applicant is seeking special exception approval, in accordance
with Section 34-48 of the City’s Land Development Code, to allow for Vehicle Sales—
Used Automobiles as a permitted use,
IN ORDER TO ASSURE the City of Miami Gardens that the representations made
by the Applicant will be abided by, the Applicant, subject only to conditions contained
herein, freely, voluntarily and without duress, makes the following Declaration of
Restrictions covering and running with the Property:
1. Permits. The applicant agrees that no on-site work shall take place without
obtaining an approved site plan, building permit and public works permit in
accordance with the City of Miami Gardens Code of Ordinances.
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2. Landscaping. The applicant shall submit a landscape plan to the City of Miami
Gardens for its review and approval; said plan should include the type and size of
planting material prior to the issuance of a building permit and is to be planted prior
to the issuance of a Certificate of Use and Occupancy.
3. Vehicle Types. The applicant agrees that all pre-owned vehicles shall be high-end
and shall be no older than 10 years.
4. Business License. Applicant shall obtain a valid business license prior to issuance of a Temporary Certificate of Occupancy (TCO) by the Building Official.
5. Signage. All signage shall be in compliance with Article XVII - Sign Regulations of
the City of Miami Gardens Code of Ordinances.
6. Parking, Loading and Unloading. All parking, loading and unloading activities are
required to be performed on site; parking, loading or unloading within the swale or along the right-of-way is strictly prohibited.
7. Outdoor Repair and Maintenance. No outdoor repair or maintenance is permitted.
All vehicle maintenance and repair shall take place within designated bays.
8. Nuisance Abatement. The Applicant shall take all reasonable measures to avoid any nuisance to the surrounding businesses and property owners. Failure or
continued violation of this provision or if when, in the opinion of the Administrative
Official, the use becomes a nuisance, the City may revoke the Special Exception,
Certificate of Use and business license accordingly. 9. City Inspection. As further part of this Declaration, it is hereby understood and
agreed that any official inspector of the City, or its agents duly authorized, may have
the privilege at any time during normal working hours of entering and inspecting the
use of the premises to determine whether or not the requirements of the building and
zoning regulations and the conditions herein agreed to are being complied with.
10. Use. The use shall be non-transferable. Any transfer, sale, or expansion of the
business use will require a new special exception request, and approval by the City
Council.
11. Covenant Running With The Land. This Declaration on the part of the Applicant
shall constitute a covenant running with the land and shall remain in full force and
effect and be binding upon the Applicant, and his heirs, successors and assigns until
such time as the same is modified or released. These restrictions during their
lifetime shall be for the benefit of, and limitation upon, all present and future owners
of the real property and for the public welfare.
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12. Term. This Declaration is to run with the land and shall be binding on all parties and all persons claiming from the date this Declaration is recorded. This Declaration
shall be in effect for a period of thirty (30) years from the date of recordation in the
public records of Miami-Dade County, Florida, after which time it shall be
automatically extended for periods of ten (10) years. This Declaration may be modified, amended or released as to the Property or any portion thereof by a written instrument executed by the then Applicant(s) of the Property, and applicable
mortgagees, if any, provided that same is approved by the City Council after public
hearing. In such event, the Mayor or City Manager shall execute a written
instrument suitable for recordation acknowledging such modification, amendment or release.
13. Modification, Amendment, Release. This Declaration of Restrictions may be
modified, amended or released as to the land herein described, or any portion
thereof, by a written instrument executed by the, then, owner(s) of all of the Property, including joinders of all mortgagees, if any, provided that the same is also approved by the City, or other procedure permitted under the City's Code, whichever
by law has jurisdiction over such matters, after public hearing.
14. Enforcement. Enforcement shall be by action against any parties or person
violating, or attempting to violate, any covenants. The prevailing party in any action
or suit pertaining to or arising out of this declaration shall be entitled to recover, in
addition to costs and disbursements allowed by law, such sum as the Court may
judge to be reasonable for attorney fees. This enforcement provision shall be in
addition to any other remedies available at law or in equity. Jurisdiction shall be
proper in Miami-Dade County.
15. Authorization for Miami Gardens to Withhold Permits and Inspections. In the
event the terms of this Declaration are not complied with, in addition to any other
remedies available, the City is hereby authorized to withhold any further permits, and
refuse to make any inspections or grant any approvals, until such time as this
Declaration is complied with.
16. Executed Copy to be provided to the City. Executed Copy to be provided to
the City Clerk. The Applicant shall be fully responsible for providing to the City Clerk
an original and fully executed copy of the Declaration of Restrictions within thirty (30)
days of the approval of this request by the City Council, unless an appeal is filed or
otherwise the Director, for good cause shown, grants a time extension. If this is not
accomplished, the approval shall become null and void. If circumstances prevent the
Applicant from complying with this timeframe condition, the Applicant may request,
in writing, an extension of said thirty-day timeframe in writing to the Planning and
Zoning Services Director, who is authorized to take such action upon the request to
approve, disapprove or approve with conditions such request.
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17. Election of Remedies. All rights, remedies and privileges granted herein shall be
deemed to be cumulative and the exercise of any one or more shall neither be
deemed to constitute an election of remedies, nor shall it preclude the party
exercising the same from exercising such other additional rights, remedies or
privileges.
18. Recording. The City, at Applicant's expense following the approval of the same by
the City of Miami Gardens, shall file this Declaration of record in the Public Records
of Miami-Dade County, Florida.
19. Acceptance of Declaration. Applicant acknowledges that acceptance of this
Declaration does not obligate the City in any manner, nor does it entitle Applicant to
a favorable recommendation or approval of any application, zoning or otherwise, and
the City Council retains its full power and authority to deny each such application in
whole or in part, and to decline to accept any conveyance.
20. Applicant. The term Applicant shall include the Applicant, and its heirs, successors
and assigns.
21. Waiver. Each and every covenant and agreement contained herein shall be for any
and all purposes hereof construed as separate and independent and the breach of
any covenant by any party shall not release or discharge such party from its
obligations hereunder. No delay or omission by any party to exercise its rights
accruing upon any noncompliance or failure of performance by any party shall impair
any such right or be construed to be a waiver thereof. A waiver by any party hereto
of any of the covenants, conditions or agreements to be performed by any other
party shall not be construed to be a waiver of any succeeding breach or of any other
covenants, conditions or agreements contained herein.
22. Severability. All rights, powers and remedies provided herein may be exercised
only to the extent that the exercise thereof does not violate any then applicable law
and shall be limited to the extent necessary to render the real covenants herein valid
and enforceable. If any term, provision, covenant or agreement contained herein or
the application thereof to any person, entity or circumstance shall be held to be
invalid, illegal or unenforceable, the validity of the remaining terms, provisions,
covenants or agreements or the application of such term, provision, covenant or
agreement to persons, entities or circumstances other than those to which it is held
invalid or unenforceable shall not be affected thereby.
23. Entire Agreement. This Agreement and any exhibits attached hereto contain the
entire agreement between the parties hereto with respect to the subject matter
hereof. This Agreement and exhibits supersede any prior correspondence,
memoranda or agreements in total hereto.
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5
24. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which, when taken together,
shall constitute one and the same document.
SIGNATURE TO FOLLOW
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6
IN WITNESS WHEREOF, Applicant has executed this Declaration.
________________________________
Print Name:______________________
________________________________
Print Name: ________________
________________________________
Print Name: ___________
________________________________
Print Name: _________________________
Real Estate Holdings, INC
_______________________________
Signature
________________________________
Print Name
________________________________
Date
ACCEPTANCE
The City of Miami Gardens, hereby accepts this Declaration of Restrictions
hereby made by ____________________.
CITY OF MIAMI GARDENS, FLORIDA
Attest:
_________________________________ By:_____________________________
City Clerk Cameron D. Benson, City Manager
Date:___________________________
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EXHIBIT “A”
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2
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Special Exception for AutoNation
PZ-2017-001715
EXHIBIT “D” – Proposed Site Layout
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NW 167TH ST
NW
1
2
T
H
A
V
E
EXISTING GAS STATION
CONTROLLED
ACCESS POINT
28
12
23
22
13
13
0'15'30'60'
SERVICE SHOP (S-1)
SHOWROOM (B)
CA
R
W
A
S
H
(S
-
1
)
SERVICE DRIVE (B)
SWING GATE
PIPE RAIL FENCE
CONTROLLED
ACCESS POINT
CA
N
O
P
Y
PARTS STORAGE (S-1)
TRACT "A"
TRACT "C"
24
24
26
26
39
9
9 11
11
7
11
119
9
10
53'
57'
24'
24'
24'
24'
33'
26'
30'
30
1
'
3
"
43' 10'43' 10"
260'
275' 10"132' 7"
136' 1"
18'
118' 6"
162' 10"
150'
603' 8"
41'
25'25'
CENTERLINE OF STREET
DETENTION POND
PYLON SIGN
Pre-Owned Automotive Dealership
Showroom
Service Drive
Service Shop
Carwash
Parts
Canopies
Grand Total
8592 SF
2667 SF
14310 SF
1526 SF
3575 SF
840 SF
31,510 SF
Tract "A"
Tract "C"
Total Acres
3.53
12.76
16.29
Current
Tract "A"
Tract "C"
Total Acres
5.00
11.29
16.29
New
Inventory Parking
Customer Parking
Grand Total
308
40
348
architecture + multidisciplinary design 1313 NW 167th St
Miami Gardens, FL 33169
Site Plan - Option A
Project Number: 16178
AutoNationAutoNation USA Miami Gardens
01/17/17
1" = 30'-0"
Site Plan
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CITY OF MIAMI GARDENS
QUARTERLY STAFF REPORT
December 2016 through February 2017
City Manager’s Office
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Community Development
CDBG Public Services Request For Proposals (RFP) – The City will be holding a mandatory
Technical Assistance Workshop on Thursday, March 9th at 10am as part of the Public Services Request for Proposal process for FY 2017-18. Eligible applicants include agencies or organizations that provide social or public services to city residents and have a 501(c)3 status
from the IRS. Agencies interested in applying for these grants must have attended this TA
workshop. The RFP will be issued on Monday, March 13, 2017 and will be available for
download free of charge from the City’s website. The City will be instituting a new completely online application process this year using the ZoomGrants system. This system will allow for a much easier and seamless application process without a single piece of paper needing to be
printed or copied, thereby saving applicants’ time and money during the application process. The
estimated amount of funding available for FY 2017-18 is approximately $145,000.
SHIP Funding for Rental Assistance Program – As part of the City’s SHIP Local Housing Assistance Plan (LHAP), a Rental Assistance Program was created to provide financial assistance for households to obtain or remain in quality, safe, decent and affordable rental
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housing. The Program will assist Miami Gardens residents to reduce the time in which they are
experiencing homelessness and to sustain housing with security and utility deposit assistance,
eviction prevention not to exceed 6 months, and rapid rehousing for homeless who require utility deposit, security deposits and/or temporary rental assistance not to exceed 12 months. Through
a regional partnership with the Miami-Dade County Homeless Trust (Trust) and other SHIP
jurisdictions, a competitive Request for Application process was conducted. Citrus Health
Network was the successful applicant and was awarded $45,000 of 2016-2017 SHIP Funding to
provide rental assistance and homeless prevention services to Miami Gardens residents. This contract will begin April 1, 2017 through June 30, 2018.
The Commons Project – Construction on the 24-unit residential building for elderly rental
housing has been completed. RUDG-The Commons, the developer, is pending finally approval
by DERM and WASA in order to get their Certificate of Occupancy. All 24-units have been leased to low-income elderly households.
Demolition of Unsafe Structures – The CD department continues to work in conjunction with
the Building Department and the Unsafe Structures Board to demolish properties that have a
demolition ordered by the USB. To date 4 properties have been demolished with 3 more properties in the permitting process. The City is pursuing administrative foreclosure of these
properties with the intent to redevelop the vacant parcels of land by constructing a single family
home for an eligible low-to-moderate income family. The funding for this project is coming from
recaptured Neighborhood Stabilization Program (NSP) funds.
Development Services & Code Compliance Department
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Finance Department
Below is a list of tasks the department achieved for the last quarter until February 28, 2017.
1. Completed five year projection of City’s finances, and submitted the FY 2017 budget documents to the Government Finance Officers Association (GFOA) for consideration of the Budget Award. 2. Drafted all financial schedules of FY 2016 Comprehensive Annual Financial Report and prepared
Management Discussion and Analysis. The CAFR was completed pending for printing at the end of
February. Report is scheduled to be presented to Council on March 8th council meeting.
3. Prepared FY 2018 budget manual to be distributed to Department Directors on March 8, 2017. 4. Distributed CIP worksheet to related departments to begin the process for a five year Capital Improvement Plan.
5. Attended a half day training session on Recreation proposed software “RecDesk” and discuss with
staff about some of the concerns.
6. Perform analysis of purchase vs lease for police motorcycles as the lease will expire in March 2017. Provide recommendation to management. 7. Performed review and updated of Moody’s Issuer Comment Report for December 15, 2016
publication, rating remains as A1.
8. During the period of December to February, staff has submitted 13 grants totaling $647,116.04 in
grant reimbursements. At the end of February, the year-to-date expenditures or revenues should reflect 41.66% of the budget. As
most revenues at the end of February were recognized at least three months of revenue, staff is able to start
projecting what year-end revenues may be. Certain revenue sources are showing signs of shortfall. Detailed
analysis is discussed under the individual funds. Below is just a summary of some of the major variance that staff is projecting:
Telecommunication Tax: The State provided the FY 2017 estimated revenue, however, based on four months
revenue, averaging $195,000, staff is projecting a shortfall of $77,000. Half cents Sales Tax: This revenue is also projected by the State. Based on the percentage of revenue received at the same time last fiscal year compared to FY 2017, staff is projecting a shortfall of around
$400,000.
Parks & Recreation Revenue: Based on the revenue collected YTD as compared to FY 2016, the City may recognize a shortfall of $119,000. This shortfall may be adjusted depending on the registration for the Spring and Summer Camp as well as Sports Program which will incur later in the fiscal year.
Fines: In FY 2016 for the same period, Code Enforcement fines collected was $221,956 vs. $73,984 in FY
2017. However, this variance will be offset by the Red Light Camera Fines as FY 2017 collected $134,319 more than FY 2016.
Slot Machines: This revenue is compatible to budget amount, however, end of year revenue is projected to be
short by approximately $60,000 attributed to the Pari-mutuel agreement which allows permit fees levied by
the City for any improvements to the facility be reduced from the this revenue source. Currently, the permit fees are estimated to be $60,275.79.
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As to expenditures, staff has concerns in providing funding for the overrun of the Food and Wine Event in the amount of $180,599.27. Attributed to the Police Chief’s position vacancy and other vacancies in the Police Departments, savings have been derived in the Police salaries and fringe benefits account. Part of these
savings has been utilized to fund the CRA study.
As of February 28, 2017 the City has available cash with Wells Fargo Bank in the amount of $14,890,041.76. The City still has approximately $34,921,234.68 with the State Board of Administration earning 0.90% and $5,619 in tax certificates with Dade County.
FY 2016FY 2016%FY 2017FY 2017%
Budget YTD Revenues of BudgetBudget YTD Revenues of Budget
Property Tax 1 24,131,45020,475,42784.85%25,756,93622,131,00485.92%
Utility Tax 2 10,071,0002,236,93322.21%10,570,2682,286,63321.63%
Franchise Fees 3 3,308,848446,40213.49%3,477,500460,85613.25%
Permits/License Tax/Other Fees 4 2,194,0001,529,36769.71%2,247,5001,810,84980.57%
Intergovernmental Revenue 12,589,9894,053,67532.20%12,735,8394,070,96631.96%
Charges for Services 5 7,351,8742,552,22334.72%7,544,4862,626,41634.81%
Fines & Forefeitures 6 3,650,6541,587,34043.48%5,317,2721,736,56032.66%
Miscellaneous Revenues 7 1,586,370523,52033.00%2,124,878609,01828.66%
Non-Operating Revenues 1,399,650433,34530.96%1,096,081442,01040.33%
TOTAL 66,283,83533,838,23151.05%70,870,76036,174,31451.04%
1 Property Taxes are not due until April 1, however homeowners receive discounts if paid before April 1 encouaging early payments.
2 Revenue from electric, water and gas only reflected two months of revenue, so it is difficult for staff to project what year-end revenue.
3 The majority of the franchise is derived from the Electric franchise fees which the City only receives once a year in August.
4 Business License tax, certificate of use and certificate of re-occupancy are due on October 1, therefore collection rate is high.
The main difference in revenue collected in FY 2017 is higher than FY 2016 is attributed to the Planning & Zoning fees. In FY 2016
the City received $149,115 while in FY 2017 for the same period of time, the City received $389,325, an increase of $240,210.
5 The higher amount collected in FY 2017 when compared to FY 2016 is attributed to revenue for special events, totaling $97,140.
6 The increase in this category is mainly attributed to the Red Light Camera Fines.
7 Higher revenues collected in FY 2017 is attributed to revenues generated from the Slot Machine, however, this revenue will start to reduce in
March. The reduction is attributed to the improvements of the facility and $60,275.79 in permit fees has been estimated to be levied. According
to the Pari-Mutuel agreement this amount can be reduced from the Slot Machines revenue. The other factors that revenue is higher in FY 2017
is attributed to insurance reimbursements and the implementation of thePBA contract that officers live outside the City's boundaries will have
to pay for vehicle usage.
GENERAL FUND
Revenues as of February 28, 2017
FY 2016FY 2016%FY 2017FY 2017%
Budget YTD Revenues of BudgetBudget YTD Revenues of Budget
Permits/License Tax/Other Fees 1,652,066817,72549.50%1,935,646780,88140.34%
Charges for Services 241,599145,29060.14%182,524114,37062.66%
Miscellaneous Revenues 360 730.00%300 1330.00%
Non-Operating Revenues 9,800 0 0.00%0 0 0.00%
TOTAL 1,903,825963,08850.59%2,118,470895,38442.27%
DEVELOPMENT SERVICES FUND
Revenues as of February 28, 2017
FY 2016FY 2016%FY 2017FY 2017 %
Budget YTD Expenses of BudgetBudget YTD Expenses of Budget
1 44,271,15417,483,19039.49%46,510,90617,376,61937.36%
2 14,081,6277,628,98454.18%15,041,1747,940,04552.79%
44,63934,638 77.60%479,5345,212 1.09%
30,000 00.00%0 0 0.00%
7,726,5943,219,41541.67%8,817,625.003,668,206.7041.60%
129,821 00.00%21,521 0 0.00%
TOTAL 66,283,83528,366,22742.80%70,870,760 28,990,083 40.91%
1 Personnel expenses should be expensed at 40.38%. This percentage is lower attributed to vacancies in the Police and Recreation
Department.
2 Operating expenses should be expensed at 41.6%. This category is slightly higher which is attributed to nearly 50% of insurance premium has
already been expensed, and expenses incurred for special events and Jazz in the Gardens. The amount is approximately $300,000 more than
FY 2016, attributed to special event expenditures and contractual services for the Planning and Zoning services. Some of the costs for the
contractual services is offset by additional revenues generated in FY 2017.
Other Uses
Emergency Reserve Build Up
Expenditures as of February 28, 2017
GENERAL FUND
Personnel Expenses
Operating Expenses
Capital Outlay
Grants and Aids
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FY 2016FY 2016%FY 2017FY 2017%
Budget YTD Expenses of BudgetBudget YTD Expenses of Budget
1 2,342,399963,48541.13%2,506,930909,85736.29%
1,536,572383,71724.97%1,581,533388,54124.57%
3,729,650264,2487.09%4,349,658125,9022.89%
2 925,969340,20536.74%1,197,312324,14527.07%
TOTAL 8,534,5901,951,65522.87%9,635,4331,748,44518.15%
1 Personnel expenses is slightly higher attributed to payout of terminated employees
2 Other Uses percentage is lower is attributed to the buget for establishing a working capital reserve for the 3 cents gas tax that can
only be used for capital elements under the approved Comprehensive Plan
TRANSPORTATION FUND
Expenditures as of February 28, 2017
Personnel Expenses
Operating Expenses
Capital Outlay
Other Uses
FY 2016FY 2016%FY 2017FY 2017%
Budget YTD Revenues of BudgetBudget YTD Revenues of Budget
Local Option Gas Tax 1 2,160,000745,89734.53%2,332,488761,18632.63%
Permits/License Tax/Other Fees 2 78,50070,66290.02%93,500104,116111.35%
Intergovernmental Revenue 4,543,238611,02713.45%5,252,244601,71911.46%
Charges for Services 9,0006,07867.53%8,000 5,42267.78%
Miscellaneous Revenues 57,7507,16612.41%79,80017,13321.47%
Non-Operating Revenues 1,686,10277,3754.59%1,869,40179,6984.26%
TOTAL 8,534,5901,518,20517.79%9,635,4331,569,27216.29%
1 Local Option Gas Tax distribution is lagging by one month. Revenue is slightly lower than projected as it should reflect 33.33% of budget
2 The increase in this category is attributed to FPL paid $62,500 for contribution of funds to landscape in lieu of Compliance to the Standards
according to Section 34-444 (d) of the City's Code of Ordinance
TRANSPORTATION FUND
Revenues as of February 28, 2017
FY 2016FY 2016%FY 2017FY 2017%
Budget YTD Revenues of BudgetBudget YTD Revenues of Budget
Permits/License Tax/Other Fees 1,652,066817,72549.50%1,935,646780,88140.34%
Charges for Services 241,599145,29060.14%182,524114,37062.66%
Miscellaneous Revenues 360 730.00%300 1330.00%
Non-Operating Revenues 9,800 0 0.00%0 0 0.00%
TOTAL 1,903,825963,08850.59%2,118,470895,38442.27%
DEVELOPMENT SERVICES FUND
Revenues as of February 28, 2017
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Revenues from Capital Projects Fund are either from grants or transfer from General Fund.
FY 2016FY 2016%FY 2017FY 2017%
Budget YTD Expenses of BudgetBudget YTD Expenses of Budget
1 888,875298,44533.58%835,470277,51933.22%
2 1,076,679541,66150.31%985,469200,11420.31%
1,729,860133,0177.69%1,825,758128,7907.05%
Debt Service 632,189118,9530.00%632,417214,4990.00%
531,385185,01034.82%454,759189,48341.67%
TOTAL 4,858,9881,277,08626.28%4,733,8731,010,40521.34%
1 Vacancies in the stormwater fund
2 Higher expenditures in FY 2016 compared to FY 2017 is attributed to Miami-Dade County billed the City's canal maintenance
service in the of $322,438 at the end of January. In FY 2017, the City has not received the billing as of yet.
STORMWATER FUND
Personnel Expenses
Operating Expenses
Capital Outlay
Other Uses
Expenditures as of February 28, 2017
FY 2016FY 2016%FY 2017FY 2017%
Budget YTD Expenses of BudgetBudget YTD Expenses of Budget
338,082140,05341.43%343,266142,51541.52%
1 88,400152,070172.02%324,25615,8604.89%
59,804,557931,5111.56%67,818,3161,672,9310.00%
6,611,3902,754,74541.67%6,536,4162,723,50741.67%
TOTAL 66,842,4293,978,3805.95%75,022,2544,554,8136.07%
1 Higher expenses in FY 2016 when compared to FY 2017 is attributed to legal and professional fees with regard to the lawsuit on the
construction of the City Hall. This case was settled at the end of FY 2016
Personnel Expenses
Operating Expenses
Capital Outlay
Other Uses
CAPITAL PROJECTS FUND
Expenditures as of February 28, 2017
FY 2016FY 2016%FY 2017FY 2017%
Budget YTD Expenses of BudgetBudget YTD Expenses of Budget
1,351,848547,44140.50%1,535,972565,37536.81%
126,85251,83440.86%175,46742,82524.41%
425,125177,13541.67%407,031169,59641.67%
TOTAL 1,903,825776,41140.78%2,118,470777,79736.72%
1 Personnel Expenses is lower attributed to vacancies
DEVELOPMENT SERVICES FUND
Personnel Expenses
Operating Expenses
Other Uses
Expenditures as of February 28, 2017FY 2016FY 2016%FY 2017FY 2017%
Budget YTD Revenues of BudgetBudget YTD Revenues of Budget
Permits/License Tax/Other Fees 45,00021,72748.28%35,00010,62130.35%
Grant 275,000 0 0.00%1,207,21387,6407.26%
Charges for Services 1 3,564,8452,893,01281.15%3,460,1902,995,17386.56%
Miscellaneous Revenues 2 4,0002,38259.56%5,000 8,116162.32%
Non-Operating Revenues 695,143 0 0.00%26,470 0 0.00%
TOTAL 4,583,9882,917,12163.64%4,733,8733,101,55065.52%
1 Beginning FY 2015, Stormwater fees are collected under the tax bill, therefore the revenue is collected at 86.56%
2 Higher interest earnings attributed to higher fund balance and interest rate. The interest rate in FY 2016 is around .48%, while in FY 2017 is at .90%
Revenues as of February 28, 2017
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Human Resources Department
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Information Technology
IT Dept Overview
This Status report covers the activities of the Information Technology Department for
the period from. It is organized into the following areas:
• Significant Accomplishments
• Projects and Project Status
• Significant Issues
• Travel Activity and Training
Accomplishments from Month:
o Significant Accomplishments
Laptop deployment is complete.
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Police Department website was moved to go-daddy hosting after an attack on the website
was made. Additional security measures have been added to both City and Police Website.
Working with Building Department with ongoing phone call issues.
Installed Coban Video Software and trained Records department on how to do public
records request using the Coban in car camera system.
Changed Microphone for Council Woman Lisa Davis Podium Microphone.
Interviewed replacements for vacant position in Information Technology.
Replaced Mifi for Vernita
Collected email for public records request for PD, Clerks Office and Risk Management.
Backed up and gave Council Woman Davis new IPhone.
Gathered Quote for new IPad for Council Woman Davis
Spoke with Comcast about streaming live tv and fiber being ran to all the park locations for
CCTV.
Spoke with 3rd Party vendor about equipment needed to for live stream TV and playback on
line for council meetings.
Met with Solomon from Civic Plus to go over website contract.
Visited Town of Miami Lakes with Building their building official to review their
Permitting System Track it.
Setup Council Chambers for Building Department Director to host vendor meeting.
Working with Public works to use Boss system for ticket creation for the Facilities and
Maintenance to log issues with city buildings.
Met with City Manager and T-Mobile Representative Catherine Espinal to approve MIFI’s
for the Police Department.
Received T-Mobile MIFI’s.
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o Projects and Project Status
City Website- Felix has been going over the feel and the layout of the website with Civic
Plus during weekly meetings. Petula’s Department is working on delivering city scapes and
logo for the new website. Currently we are behind on the some of the deliverables.
Human Resources Kiosk has been setup and is running in the lobby of City Hall.
Real Time Crime Center Storage networking equipment has arrived and planning the setup
is underway.
Inventory software for parks is underway. Spoke with Point of contact for Sport Soft and
awaiting to hear back from them.
All 29 laptops have been deployed to the Police Officers at PD.
Spoke with Consultants regarding the Internet Radio. We have advised them that we would
like to retain their services for another month of programming the station. Petula has given
them all the information to setup the online portion of the radio station. Petula has ordered
the equipment for the radio computer and we will have more phone calls to finalize the
installation.
Boss Helpdesk is still being tested. Boss inventory has been implemented and is being used
for inventory for IT department.
Electronic Plan Review (ongoing) Met with Craig and Melissa we will be talking to both
DocuSign and PowerDMS. (no update)
Ordered Computer for Petula for the Internet Radio Project.
Working with Lexis Nexis and Live Earth software for the real-time crime center.
Phone System Move is planned for the end of April.
Completed New Evidence Tracking software setup for Police Department.
o Significant Issues
Calls dropping in the building Department.
o Travel Activity and Training.
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Park & Recreation Department
The following data is representative for the months of December through February 2017
The Parks and Recreation Department partnership efforts continue to grow. YTD the
department has earned over 34+ community partnership expansions. Below is a list of
highlights:
Seven newly hired staff within all divisions to maximize the efficiency and customer service within
the department. The Park Ranger Division is the newest addition the Parks & Recreation Department.
The Park Rangers patrol and enforce park rules and regulations, which decreases unauthorized activities on park grounds.
Ms. Thompson conducted the renewal and initial agreements for the service/fitness providers.
Ms. Thompson orchestrated inter-departmental trainings for First-Aid Mental Heal with the assistance of L.H.M.G, Karen Clarke.
Management of the Betty T. Ferguson Recreation Complex has launched a series of customer service
training. The customer service series will provide employees with the knowledge and skills to increase
customer satisfaction.
Retrieved quotes and artwork proofs for the production of program banners and flyers.
Performing building upgrades at the Betty T. Ferguson Recreation Complex within various areas:
o Tiled problem areas of the front concession stands o Installed ventilation fans in the concession stands to help prolong the life of our ice
machines.
o Installed a new water fountain outside of the fitness center to replace the damaged one
o Installed a new water fountain by the multipurpose field to replace the damaged one o Installed new air condition compressors o Planning phases to renovate BTF gymnasium is underway
Continued efforts with planning the City’s 1st adapt obesity program for ages 3-5 and parents. This is a
partnership with Vanderbilt University of Nashville, TN.
Partnering with the SEE Foundation to facilitate and implement several activities, events and
educational workshops during 2017. This program supports includes inclusion programs for special
needs programs and other services.
Every 4th Thursday of the month at Bennett Lifter Park the SEE Foundation Inc. offers a food pantry program. The program takes place from 10am-12:30pm.
Partnering with the Miami-Dade Economic Advocacy Trust program to host Teen Court hearings in
the City Hall Council Chambers. The purpose of the program is to provide an alternative for
misdemeanor youthful offenders who agree to allow their peers to determine their sentencing instead
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of the juvenile justice system. There will be numerous resources offered promoting the success of the youth.
The department conducted several meetings with the Brazilian Soccer Training Center to establish
Youth Soccer Clinics within Miami Gardens scheduled on March 11, 2017. The department will also
launch the “Celebration of Youth Soccer” on March 4, 2017 at Rolling Oaks Park to introduce the community to the City’s Soccer Program.
Partnering with Alpha Kappa Alpha Sorority to beautify the park benches and amenities at Cloverleaf
Park. The following service project is in motion and will be implemented soon.
Program expansion for 2017 will include 6 new programs such as: o Bowling
o Fishing
o Tennis Clinics o Baseball o Softball clinics o Soccer Clinics
Along with the program expansion the department is working diligently on improving the programs
that have been provided to the community such as: o Football/Cheer o Basketball o Track
o Youth Fundamental Basketball Camp
o Youth Fundamental Girls Volleyball Camp-Middle school and High School o High school Girls Basketball League o Swimming
C.M.G.Y.S conducted several meetings with Mr. Acosta to establish the Youth Tennis Clinics. Clinics
are scheduled for April 18, 2017 to June 13, 2017 at Rolling Oaks Park, Tuesdays & Thursdays
4:30pm-6pm. C.M.G.Y.S has met with the AMF Bowling Lanes to establish a Youth Bowling Program. The
projected date for the Bowling program is April 10th to May 11th. Targeting participants for ages 5-17.
Planning phases for the annual Mayor Oliver Gilbert’s Bid Whist Tournament, in conjunction with a new Spades Tournament. Tournaments will be held at the Betty T Ferguson Recreation Complex on March 15th ages 21+.
• 150+ Students participated in the department’s core programs. Core programs are as follows: Shining Stars Afterschool Program, Spring Camp and K.D.O (Kids Day Off).
• December 2nd-December 4th the Betty T Ferguson Recreation Complex hosted the Youth Basketball
Championship Weekend for ages 5-17.
• December 13th The Miami Gardens Golden Seniors delivered toys to head start students at Crestview
and Parkway Elementary. The M.G.G seniors were accompanied by the Parks & Rec Christmas Flash
Mob Characters.
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• December 18th –March 26, 2017 Winter Basketball Session with a total of 58 participants registered.
• January 14th at the Betty T. Ferguson Recreation Complex hosted an MLK event.
• February 1st The Seniors Bowling League was launched. The league meets at the AMF Bowling Lanes on Wednesday’s 10am-12:30pm.
• February 4th the Betty T. Ferguson Recreation Complex hosted A Black Heritage Festival “Black
Excellence”. This event was free for the community presenting African fashion, music, dancers, food trucks, vendors and kid’s activities.
• February 9th the 4th Annual Heritage Bowl, a quiz style competition related to Black history facts took
place at Florida Memorial University. Participants ranged from middle to high school; there were a total of 11-Middle School Teams and 17 High School Teams.
• February 18th the first swim competition of this season was located at Palm Springs North Pool:
o 9-10 Girls: Kiera Rampsersad competed in five induvial events and finished 1st place in all 5
(Gold)
o 7-8 Boys: Gabriel Navarro competed in five induvial events and finished 1st place in all 5
(Gold) o 11-12 Girls placed 1st in the Medley Relay: Delma Robinson (Backstroke) Kiera Rampersad (Breaststroke)
Na’Diajah Saunders (FLY)
• February 28th The Miami Gardens Golden Seniors held their yearly Seniors Black History Program at the Betty T. Ferguson Recreation Complex.
• Ms. Goosey’s Reading Corner (recreation Reading Initiative) takes place at Rolling Oaks Park on
Tuesday’s & Thursday’s 5pm-6:45. Participants interact in role playing and create fun activities.
• At the Betty T. Ferguson Recreation Complex, there has been a continuance of ongoing programs
offered to the community. Programs such as Youth Ballet, Nivida Project, Senior Line Dancing,
Spinnercise, Youth Drum Line, Zumba and Karate.
• February 17th from 5:30-9:30 (Every 3rd Friday) The Food Truck Invasion event took place at Rolling
Oaks Park. This event is free and open to the public. The feature for this month was “One Garden
Under A Grove” Heart Health Dance-a-Thon; in celebration of American Heart Month There was music, jumbo screen and prizes for the competitors of the “Just Dance” contest. As well as raffle, special guest performance by the HEAT Dancers and variety of food truck vendors.
• Miami Gardens Golden Seniors December-February monthly calendars:
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Partnerships - Betty T. Ferguson Recreation Complex - Programs / Activities
CMG Programs at BTFRC Revenue
Learn to Swim / Parent and Child Swimming $6,400.00
Youth Drum Line $720.00
Martial Arts $11,264.00
Water Aerobics $3,660.00
Aqua Fit (Drop In) $230.00
Spinnercise $400.00
Aquatics Revenue
Youth $135.00
Adult $110.00
Senior $10.00
Gymnasium Revenue
Daily Drop-Ins $1,840.00
Fitness Revenue
Daily Drop-In $785.00
Total Program Revenue $25,654.00
# of Building Rental 93
Total Rental Revenue $24,438.00
Memberships (includes Fitness Center & Classes, Gymnasium and Aquatics)
Memberships (total) 346 $12,265.00
Grand Total BTF
Revenue
$61,699.00
Revenue Collected from Facility Rentals
A.J. King Park $4,770.00
Bennett Lifter $1408.00
Buccaneer Park $0.00
Bunche Park $0.00
Cloverleaf Park $2,221.00
Dr. Lester Brown $606.00
Myrtle Groove $0.00
Miami Carol City Park $1,134.00
Norwood Park $0.00
Rolling Oaks $180.00
Scott Park $305.00
Grand Total Parks Revenue $10,624.00
Revenue Collected from Athletics
Youth Sports Program – Basketball
*based on Net Revenue Report by Account Name through Active Net (CMGYS Basketball with transaction date from December 1, 2016 through February 28, 2017)
$4,300.00
Grand Total Athletics Revenue $4,300.00
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Police Department
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Procurement
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Public Works
1. On December 1, 2016, the Public Works Department held their Holiday Party with all staff.
2. On December 5, 2016, the Director assisted with interviews for the Assistant Finance
Director.
3. On December 7, 2016, the Director along with the City Engineer and Assistant Director
attended the District 6 LAP Construction Checklist Training.
4. On December 7, 2016 the Assistant PW Director and Public Works Director attended the
LAP Construction Checklist & Specifications Training.
5. On December 12, 2016, staff printed and mounted the Science Fair checks for presentation.
6. On December 12, 2016, the Director met with FDOT on the NW 199 Street and Turnpike on-
ramp future pedestrian bridge by the Hard Rock Stadium. The City of Miami Gardens will
take the lead for the design and construction.
7. On December 13, 2016, staff attended CODE on the Go at Betty T. Ferguson Community
Center.
8. The City Engineer attended the LMS meeting on December 14th at City Hall, City of North
Miami.
9. On December 15, 2016, the Director along with Engineering attended the Private-Public
Development Review.
10. On December 19th, the Operations Manager & City Engineer had a meeting with Chris Evers of PTI to address streets to be prime candidates for rejuvenation.
11. Also on December 19th, the Assistant PW Director attended a meeting for the Pre-negotiation
Strategy meeting for RFP00201: Transit Orientated Development at NW 215 and NW 27th Avenue.
12. On December 20, 2016, the Director attended the Evaluation Committee for the Request for
Proposal (RFP) No. 15-16-026 Floodplain Consultant Services for final selection process with
Procurement. 13. On January 10th the Public Works Director and Assistant Public Works Director attended a
mandatory training at City Hall.
14. Also on January 10th 2017, Bunche Park Milling & Resurfacing Project commenced. 15. The Public Works Director and the Assistant Public Works Director attend the Mental Health
First Aid Training on January 17th & 18th.
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16. On January 19th the Assistant Public Works Director attended the Transit Orientation
Development Meeting which addressed the construction project at NW 215th Street and NW
27th Ave.
17. The City Engineer, the Public Works Director, and the Assistant Public Works Director met
with Craven Thompson & Associates on January 24th to discuss the Vista Verde projects.
18. On January 26th, the City Engineer, the Public Works Director, and the Assistant Public Works Director attended the LAP Workshop at FDOT.
19. The Trolley Manager and the Public Works Director attended a CITT Meeting with the County
on January 27th.
20. On January 31st, the City Engineer provided a final scope of work, and draft bid form with
basis of payment and submitted it to Procurement for the Citywide Asphalt Repairs.
21. On February 1, 2017, the Director met with FDOT on the future option improvements for the
NW 2 Avenue and NW 207 Street intersection/area improvements due to school walking safe from/to Andover community.
22. On February 2, 2017, the Director attended the South Florida American Public Works
Association Board Meeting where he is the State Representative for all of South Florida.
23. On February 6, 2017, the Director along with the City Engineer met with the Miramar/Vista
Verde Community to bring them up to date with all the road and drainage improvement
projects in to the future. They were all pleased on what the City has done and will be doing to
their community.
24. On February 13, 2017, the Director met with FDOT on the Pedestrian Accessibility
Improvements from Miami Gardens to the Golden Glades Interchange Intermodal/Tri-Rail
Station.
25. On February 13, 2017, the Director attended the County’s MPO Transportation Planning Council.
26. On February 14, 2017, the Director along with Media attended a meeting with Florida Gas for
their Transmission Hydrostatic Test scheduled for Sunday evening into Monday morning,
April 10th, 2017, from midnight to 4 am. The pipeline generally runs along SR 826/Palmetto Expressway, from the Golden Glades Interchange to the interchange of NW 122nd Street, in
Miami-Dade County. Many of the intersections will be closed in the middle of the night for the
test; however, they have been meeting with the stakeholders to let them know. The City will
be sending information out to the City Property Owner as an e-blast and other forms.
27. On February 14th the Assistant Public Works Director and Operations Manager attended a
Webinar for Debris Management Policy & Operations for Public Works.
28. Also on February 14th there was a meeting held by Miami-Dade County staff regarding the
Transit Oriented Development at NW 215th Street and NW 27th Avenue which the Assistant Public Works Director attended.
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29. On February 15th the Assistant Public Works Director attended a meeting to provide Design
Consultant APCTE with data and parameters to prepare Cost Proposal for Drainage Improvement Project in the Riverview Development of the City.
30. The Public Works Director and the Assistant Public Works Director and the Parks
Maintenance Manager met with the Strategic Administrative Officer and Parks & Recreation
personnel to discuss initiatives for Parks Maintenance and Parks & Recreation on February 15th.
31. On February 16th the Public Works Director, Assistant Public Works Director and the Parks
Maintenance Manager met with the Parks Maintenance Division to discuss progress made
with merge with Public Works.
32. On February 22, 2017, the Director had a conference call with FDOT of the Dolphin’s
Pedestrian Bridge and the FDOT agreement. They sent the agreement but Tom Ruiz sent it
back due to FDOT doing changes to their boiler plate agreement before being sent to our
City Attorney. The agreement was too generic and had other information that was not needed since this is not federally funded.
33. On February 23, 2017, the Director attended a pavement management workshop on
pavement preservation.
34. On February 28, 2017, the City Manager and the Public Works Director met with Metro
Express prior to commencing any work in the City.
35. The Assistant Public Works Director has been inspecting work that the Public Works crews
have been doing Citywide. The scope of work vary a lot from canal cleaning, tree trimming, sidewalk construction, asphalt repairs to roads, cleaning of drainage systems and
landscaping maintenance. The quality of the work is of a high standard.
36. Milling & Resurfacing work is progressing in the Bunche Park neighborhood the project is
60% to 70% complete and is scheduled to finish on time, and within the budget.
37. Public Works has been coordinating with Pavement Technologies, Inc., to finalize full
residential areas in order to implement the rejuvenation of roads within those areas of the
City.
38. The Operations Manager and the Assistant Public Works Director attended a meeting for
Pavement Preservation to Pavement Reconstruction by Asphalt Paving Systems.
39. The Citywide Sidewalk Annual Contract is projected to commence by February 2017, once
Council approves. In the meanwhile a revised cost estimate was derived based on a field
survey of sidewalks which were prioritized this month to prepare for moving forward with this project.
40. Northwest 7th Avenue irrigation project is now completed. Both pumps at N.W. 187th Street
and N.W. 194th Terrace have been tested and placed on line.
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41. Our streets division continue with sidewalk repairs. Those repairs are sometimes caused by
trees planted too close to the sidewalk, ultimately uprooting the sidewalk causing tripping
hazards.
42. The canal cleaning crew continue to removing debris from our canals and shorelines. Street
sweeper takes on a very vital part of not only cleaning our streets, but preventing excessive
debris from entering our storm system and then our waterways and canals.
43. The Tree crew has been very persistent in attempting to eliminate work orders that
accumulate each day. They’re doing a great job with what they have to work with.
44. The Stormwater Division has begun our swale rejuvenation. We have started and completed
several projects since January 1 2017.
3100 158th Street (Mrs. Moreland)
N.W 160th & 27th Ave.
N.W. 196th Street & 2nd Avenue (441)
45. We also performed a drain re-construction in Andover on 12th Avenue & 207th Street.
46. Safety lights on the vans and trucks for our correction crews have been resolved.
KMGB Quarterly Report
Keep America Beautiful (KAB) Annual
• We are up to date with all KAB reporting.
• Claudelle attended Keep America Beautiful Conference on January 24th -26th in Washington,
D.C.
• Keep America Beautiful won the President’s Circle award at the conference. This distinction
is given to affiliates who exceed the minimum requirements to remain in good standing.
Landscape Maintenance
• City crews are currently maintaining all landscape areas throughout the city: fertilizing,
mulching, weeding, adding pre-emergent, replacing sod and removing dead palms and
shrubs. Staff has modified landscaping schedules to accommodate for the dry season. The
crews are concentration on fertilizing the sick and healthy palms in the city. Some of the
palms along NW 7th avenue between 183rd Street and 199th street have been removed and will be replaced with healthy canopy trees once the new irrigation system installation is
complete.
• The crews have been working diligently to keep up with the removal of weeds and mowing the
medians. We are now in the dry season so things are starting to slow down. If successful, we will be changing some processes going into next year to gain better control over the removal
of weeds.
• We are continuously updating the tree inventory and assessing hazards in our canopy. Once
hazards are identified, we input a work order to remove the tree or save the tree if possible. Trees that are removed are replaced with a different Florida native species.
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• The crews are still replacing plants in medians all over the City. This plant replacement project
will continue. As we replace plants, we notice that accidents are ruining our landscaping almost every weekend. We are mulching areas as well. Sod replacement has slowed down as
about 70 percent of our irrigation systems are functioning properly. We still have a few areas
remaining that need sod.
Community Planting 2016
• KMGB Coordinator continues to schedule canal and community plantings. We are looking
forward to working with a missionary group from out of state during the spring break season.
Tree Planting
• We are continuing our tree planting efforts. The Tree Canopy Study has helped us identify
areas that need trees and will also determine our canopy coverage.
• We have several street tree planting projects that have been completed recently and some currently in progress.
NW 183rd Street/ 441-27th Avenue- Tree replacements still needed
NW 10th Couth from 191st Street-11th Road and 10th Place from 191st Street-11th Road.
Completed 17720 NW 20th Avenue- Completed
3440 NW 174th Street- Completed
350 NW 193rd Street-Completed
19110 NW 10th Place- Completed
19021 NW 10th Court- Completed 18900, 18920 NW 10th Court- Completed
18625 NW 22nd Place- Completed
NW 11th Court from 191st Street to 11th Road-Completed
NW 152nd Terrace from 29th Avenue to 28th Place- Completed
NW 28th Place from 152nd Terrace to 151st Terrace- Completed NW 29th Avenue from 167th Street-167th Terrace- Completed
Forthcoming:
NW 441/NW188th Street
NW 192nd Street from 17th Avenue west - cul-de-sac NW 190th Terrace from 17th Avenue around to 21st Avenue then up to 191st Street.
NW 193rd Terrace from 4th Avenue - 2nd Court.
NW 151st Terrace from 28th Place to 27th Place
Anti-Litter campaign
• We have completed the revamping of SWAT-A-Litterbug program. An updated character has
been revealed and we have new marketing materials such as street banners, hats, t-shirts,
and bags.
• The taping of our 2016 Anti-Litter PSA has been completed. It is in the editing phase and will
be broadcasted soon. There have been some challenges as the animation team had to be
replaced. This is causing a delay in the release of the PSA. We are still waiting for the master
to send to Comcast for broadcasting.
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Fleet Quarterly Report
o Concerns being addressed by Fleet Management
a) Fuel prices for the start of this fiscal year remain lower than expected. Minor spike for
January and February.
b) Repair costs per unit averaged $480 per repair, up from $378 prior year. A 25%
increase.
o Vehicle Utilization / Budget
a) The Fleet Department is working within budget boundaries for repairs to the best of
our abilities; with older units both repairs and refurbishing costs expose us to
exceeding our budget. Please note that units that have collision damage that normally
would be disposed of are being repaired so as not to deplete the fleet.
o Documentation of all Fleet Transactions (Ongoing)
a) Repairs are being entered in the data base, and vehicles are being tracked based
upon the established preventative maintenance schedule
b) Fuel usage is being entered into the database reflecting both economy and total
operating costs
c) Reports are now available to reflect expenditures by repair category or department
d) Units with low utilization are brought to respective management’s attention to make
sure they are rotated into service.
e) Monthly reports are generated for PD command staff.
o Fuel Usage (Ongoing)
a) Fleet Staff are currently working with all vehicle user departments to address
odometer entry concerns and advise drivers that they must only use the correct fuel
card assigned to the vehicle
b) Monthly reports of fuel usage with concern identification provided to all Department
Managers for concurrence.
c) Fuel invoices are being maintained electronically and master bill.
d) Fuel invoices are reviewed and billing errors are reported to Procurement for
investigation and resolution.
e) Low utilization vehicles are being brought to the attention of department heads.
f) Employees are directed to procure fuel within city limits, purchases outside of city
limits are brought to the attention of the respective department head.
o Collision Repair (Ongoing)
a) Continue to work closely with vendors, Risk Management, and user department to
provide prompt collision repairs within departmental policy and procedures.
b) Fleet Service Rep. obtains estimates of crashed vehicles and provides to HR Risk for
review and repair approval.
c) Awaiting appraisals on 5 units with collision damage exceeding $1,000. Risk notified.
d) Management meeting with HR to bring to the Directors attention vehicles sitting
months awaiting appraisals.
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e) Unit 73MC9 (leased motorcycle) was involved in an accident; the damage amounted
to $15,000. The Fleet Manager was able to negotiate with our insurance provider to
declare this unit a “total loss.”
o Meeting/Events/Training
a) 1/23/17 Fleet Staff Meeting
b) 1//24/17 Fleet Staff Meeting
c) 1/25/17 City of Sunrise host the South Florida Fleet Managers meeting, regarding Use
of aftermarket parts that are re-engineered
d) January; Staff attended Mandatory City Staff Training re: Sexual Harassment and
Discrimination
e) 2/1/17 PW Staff Meeting
o Warranty Repairs (Ongoing)
a) Check service repair invoices against vehicle warranty to insure proper billing for
services.
b) Credits received when billing discrepancies are found for overcharges and warranty
covered items.
o Surplus Disposal
a) Three units are in process of disposal.
o Other Ongoing Fleet Items
a) Fleet coordinated the refurbishing of PD Mobile Command Unit. (Completed)
b) Fleet Manager working with vendors and command staff to determine which vehicles
will be purchased in 2017.(Fleet Admin. Has issued POs)
c) Fleet Rep coordinate the mechanical refurbishing of Parks vans.
d) Fleet Admin & Fleet Rep worked with PW & PD Depts. To replace & install faded city
decals on vehicles & equipment. Completed over 20 units.
e) Fleet Admin. Working on in-servicing new trailer for PW/KMGB.
f) Fleet Manager working with vendors and command staff to determine which vehicles
will be purchased in 2017.
g) Fleet Administrator continues to work with Procurement & Finance to review upcoming
contracts for renewal and financial limits.
h) Fleet Manager & Admin continue review of department’s current and future budget
i) Fleet Administrator process invoices from vendors regarding parts, service, and
maintenance repairs on vehicles and equipment.
j) Fleet Administrator prepares requisitions necessary to purchase parts, accessories,
maintenance and services and monitor purchase orders.
k) Fleet Administrator schedules car wash detail appointments and window tinting
services for various departments.
l) Fleet Staff responds to multiple service calls for Police, Public Works, Parks and
Recreation, School Crossing Guards, IT, Mayor & Council’s Office and Development
Services addressing their concerns.
m) The Mobile Command is being repainted and should return January.
Trolley Quarterly Report
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1. On December 5th, the Trolley manager provided requested data to Parsons Brinckerhoff
Consulting for trolley in reference to the 27th avenue corridor project.
2. On December 6th, the Trolley Manager reviewed and made revisions to Agenda item for
Circulator services (RFP 14-15-004).
3. On December 13th, the Trolley Manager attended and participated in Code on the GO.
4. On December 17th, the trolley Manager coordinated transportation for the Mayor’s Cultural
Express.
5. On December 27th, the trolley Manager met with Jazz in the Gardens production (Michelle
Swaby-Smith) to discuss transportation for volunteers.
6. Trolley Program Manager continues to go to community meetings after hours. i.e. “Meet
me Mondays”, “Uni’ Tea”, “Food Truck Invasion” etc…
7. The Trolley Program Manager and temporary Road Supervisor continues to inspect all bus
stop amenities throughout the city making sure they are up to standards and are safe for
riders.
8. The Trolley Program Manager continues to respond and resolve all MDT complaints.
9. Sanchez Arrango Construction continues to implement repairs and replacement of our
bus shelters and trash receptacles as contracted and requested by the Trolley Program
Manager.
10. Our grounds crew continues to maintain the newly installed trash cans and bus benches
by way of trash removal. Additionally, our grounds crew continues to maintain the existing
trash cans by removing trash daily throughout the city.
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