HomeMy Public PortalAbout13-12 Increase Height for Fences and Decorative Fences 1st Reading: April 10, 2013
2nd Reading: May 8, 2013
Public Hearing: May 8, 2013
Adopted: May 8, 2013
Effective Date: May 9, 2013
Sponsored by: City Manager
ORDINANCE NO. 13-12
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA AMENDING
ORDINANCE NO. 86-8, ARTICLE 6, SECTION 6.1, R-1
SINGLE FAMILY RESIDENTIAL DISTRICT AND 6.2, R-
2 TWO FAMILY (DUPLEX) RESIDENTIAL DISTRICT
OF THE CITY OF OPA LOCKA LAND DEVELOPMENT
REGULATION CODE TO PROVIDE FOR INCREASED
HEIGHT FOR FENCES AND A DEFINITION OF
DECORATIVE FENCES; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR
CONFLICT AND REPEALER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, it has been observed that there are many single family homes and
duplexes in the City of Opa-Locka ("City") which contain decorative fences in their front
yards; and
WHEREAS, City planning staff believes that such fences, if approved properly
can add value to properties with such fences; and
WHEREAS, City planning staff has received signed petitions from residents in
support of an amendment to the City Land Development Code ("Code") to allow for
decorative fences at a maximum height of 6 feet in certain residential districts where the
Code currently permits 4 feet; and
1
WHEREAS, it is important to regulate the design, construction, and height of
such fences in order to foster attractive development, construction and progress in the
City; and
WHEREAS, after careful study and review, staff has determined that City
residents most often request decorative fences at an average height of 6 feet; and
WHEREAS, City planning staff has believes that a decorative fence at a height of
6 feet is appropriate for single family and duplex developments in the City; and
WHEREAS, it is in the best interest of the residents to amend the City's Land
Development Code to allow for decorative fences at a maximum height of 6 feet in
certain residential districts.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF OPA LOCKA, FLORIDA, AS FOLLOWS:
Section 1. The recitals to the Preamble herein are incorporated by reference.
Section 2. Paragraph H. Other, of Section 6.1 R-1 Single Family Residential
District is hereby amended to read as follows:
"Decorative Walls/fencing may not exceed 4' 0" 6'-0" along the front or side
street property line, or along the front setback access. They must be transparent and not
obscure the front building elevation, and shall not exceed 6'-0" along the remaining
portions of the property. in other areas." A decorative fence shall mean all fences that
are of wrought iron or aluminum picket construction, which excludes fences of chain link
construction, subject to the review and approval by the Director of the Department of
Planning and Zoning. Decorative fencing shall be subject to color approval by the
Director of the Department of Planning and Zoning. Decorative fences may be painted.
2
Section 3. The remainder of Section 6.1 not specifically amended herein shall
remain in full force and effect as adopted and existing in the City's Code.
Section 4. Paragraph H. Other Requirements, of Section 6.2 R-2 Family
(Duplex) Residential District is hereby amended to read as follows:
"Decorative Walls/fencing may not exceed /1' 0" 6'-0" along the front or side
street property line, or along the front setback access. They must be transparent and not
obscure the front building elevation, and shall not exceed 6'-0" along the remaining
portions of the property. in other-areas." A decorative fence shall mean all fences that are
of wrought iron or aluminum picket construction, which excludes fences of chain link
construction, subject to the review and approval by the Director of the Department of
Planning and Zoning. Decorative fencing shall be subject to color approval by the
Director of the Department of Planning and Zoning. Decorative fences maybe painted.
Section 5. The remainder of Section 6.2 not specifically amended herein shall
remain in full force and effect as adopted and existing in the City's Code.
Section 6. If any clause, section, or other part or application of this Ordinance is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in
application, it shall not affect the validity of the remaining portions or applications of this
Ordinance.
Section 7. All ordinances or resolutions or parts of ordinances or resolutions in
conflict herewith, are hereby repealed.
Section 8. This Ordinance shall become effective immediately upon passage.
PASSED AND ADOPTED this 8th day of May, 2013.
3
■ RA TA• LOR
MAYOR
•(lb st to:
4eACl/W-1
J4 a Flores
Ci y Clerk
Approved as to form and legal sufficiency:
1
, . _ .
Jo' .h '' Geller
G.' EN.POON MARDER PA
•; y Attorney
Moved by: COMMISSIONER HOLMES
Seconded by: COMMISSIONER JOHNSON
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Santiago: YES
Vice-Mayor Kelley: YES
Mayor Taylor: YES
4
2OND I SUNDAY,APRIL 28,2013 ND MiamiHerald.com I THE MIAMI HERALD
Have Your Say Before CITY OF OPA-LOCKA, FLORIDA
Election Day. NOTICE TO THE PUBLIC
NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka,
Florida will hold public hearings at its Regular Commission Meeting on Wednesday,
May 8,2013 at 7:00 p.m.at the Opa-locka Municipal Complex,780 Fisherman
Why wait? Vote early! Street,2nd Floor,Opa-locka,Florida to consider the following items:
SECOND READING ORIDINANCES/PUBLIC HEARING:
You can go to any Early Voting location close AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
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to your home or office. Early Voting is available FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2012 AND ENDING
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190 W 49th Street Local de vomc*qua reemplaza a West Kendall Regional Library
Aventura City Hall EFFECTIVE DATE(first reading held on April 10,2013).
Kendall Branch Library Local you RanplsesAventura City Has 10201 Hammocks Boulevard
9101 SW 97th Avenue Noah Miami Lora AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
Lemon City Ubr y 835 NE 132nd Street ry FLORIDA, AMENDING ORDINANCE NO. 86-8, ARTICLE 6, SECTION 6.1,
430 NE 61st Street R-1 SINGLE FAMILY RESIDENTIAL DISTRICT AND 6.2, R-2 TWO FAMILY
Monday Tuesday - Wednesday Thursday - Friday Saturday (DUPLEX) RESIDENTIAL DISTRICT OF THE CITY OF OPA-LOCKA LAND
hues m, Fovea a DEVELOPMENT REGULATION CODE TO PROVIDE FOR INCREASED HEIGHT
lend mad reared fed vended sndi amend, FOR FENCES AND A DEFINITION OF DECORATIVE FENCES; PROVIDING
April29 April30 May1 May2 May3 Mayo May5 FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFUCT
29 de abdl 30 de abril fro de mayo 2 de mayo 3 de mayo 4 de mayo 5 de mayo AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
29 avril 30 avril 1e me 2 me 3 me 4 me 5 me
7 am-3 pm 7 am-3 pm 7 am-3 pm 7 am-3 pm 7 am-3 pm 9 am-1 pm 1 pm-5 pm EFFECTIVE DATE(first reading held on April 10,2013).
May 6 May 7 May 8 May 9 May 10 May 11 May 12
6 de mayo 7 de mayo a de mayo 9 de mayo 10 de mayo 11 de mayo 12 de mayo Additional information on the above items may be obtained in the Office of the City Clerk,
6-7 7-7 8 m7 9-e am am-7 11 me 12 me 780 Fisherman Street, Floor,Opa-locka,Florida.All interested persons are encouraged to attend
11 am-7 pm 11 am-7 pm 11 am-7 pm 11 am-7 pm 11 am-7 pm _ 9am-1 pm 1prr�5 pm asi, Pa' Pe g
this meeting and will be heard with respect to the public hearing.
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i proceedings is made,which record includes the testimony and evidence upon which the appeal
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maybe based.
more 011110U to be Election Ready. JOANNA FLORES,CMC
CITY CLERK
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City of Opa-Locka
Agenda Cover Memo
Commission Item Type: Resolution Ordinance Other
Meeting Date: April 10, 2013 (EnterX in X
box)
Ordinance Reading: 1st 2"d Reading
Yes No (EnterX in box) Reading
Fiscal Impact: X X
(EnterX in box) Public Hearing: Yes No Yes No
X (EnterX in box) X X
Funding Source:
(Enter Fund & Advertising Requirement: Yes No
N/A N/A (EnterX in box) X
Contract/P.O. Yes No
Required: X RFP/RFQ/Bid #: N/A
(Enter X in box)
Yes No Strategic Plan Priority Area: Strategic Plan
Obj./Strategy:
Strategic Plan Enhance Organizational 0
Related Bus. & Economic Dev 0 N/A
(EnterX in box) X Public Safety El
Quality of Education El
Qual. of Life & City ImageM
Communcation El
Sponsor Name City Manager Department: Community Development
Short Title:
An Ordinace of the City Commissionof the City of Opa-locka to consider amending City
Ordinance 86-8, (Land Development Code), to enhance fence standards in single-family and
duplex zoning districts.
Staff Summary:
Currently the City Land Development Code allows a maximum fence height of four feet in the
front setback area and four feet in the street-side setback area for property in the Single-Family
(R-1) and Duplex (R-2) zoning districts.
Fence Height Amend.R-1/R-2 Dist. 1
This issue was presented to the Planning Council on February 22, 2011 for discussion and presented
again on March 1, 2011 as an action item. The Planning Council recommended approval of this item
which addressed fence heights in Single Family and Duplex zoning districts and addressed the materials
that could be used in all Industrial Districts at the March hearing. This item was presented to the City
Commission on April 27, 2011 for first reading. This item was presented to the City Commission on April
27, 2011 for first reading and deferred by City Manager, Mr. Patterson.
Since then, the Community Development staff conducted a windshield survey concerning fence heights
in residential areas and the results indicate that 55% of the front yard and the side street fencing for
properties in the single family and duplex zoning districts, as well as single family & duplex uses in other
districts, comply with current city code. The Community Development staff has received requests from
city residents to have the City Commission review fence height standards in single-family and residential
duplex zoning districts. Those residents have requested the option of raising the maximum fence height
to six feet in the front setback area and six feet in the street-side setback area. Attached is a petition
signed by city residents that support modification of the City Land Development Code to allow fence
heights of six feet in front and street side setback areas in the Single-Family (R-1) and Duplex (R-2
zoning districts.
The Planning Council was presented with the resident's request to allow increased fence heights in the
front setback and street side setback of single-family and residential duplex zoned properties at the
February 12, 2013 meeting. The Council after some discussion asked that an ordinance that addressed
their recommendation be drafted and brought back to the Council in March. On March 5, 2013 this issue
resumed review after the amended draft was presented. The Planning Council recommended approval
of this amendment to the Land Development Code by a 4-0 vote.
Proposed Action:
Staff recommends approval of this Land Development Code amendment.
-
Planning Council Meeting Minutes, February 12, 2013;
Planning Council Meeting Minutes, March 5, 2013;
Planning Council Meeting Minutes, February 22, 2011
Planning Council Meeting Minutes, March 1, 2011
Land Development Code 86-8 Section 6.1
Land Development Code 86-8 Section 6.2
Fence Height Survey
Fence Height Amend.R-1/R-2 Dist. 2
OQp,-LOCk4\
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Memorandum
TO: Myra L. Taylor, Mayor
Joseph L. Kelley, Vice Mayor
Timothy Holmes, Commissioner
Dorothy Johnson, Commissioner
Luis B. Santiago, Commissioner
FROM: Kelvin L. Baker, Sr., City Manager
DATE: April 1, 2013 eAes2 ` i)4•�--- .2.4925�
RE: An Ordinance of the City Commission of the City of Opa-locka to
consider amending City Ordinance 86-8, (Land Development Code), to
enhance fence standards in single family and duplex zoning districts.
Request:
An Ordinance of the City Commission of the City of Opa-locka to consider Ordinance
86-8, Section 6.1 (H) and 6.2 (H), to enhance fence standards in single-family (R-1) and
residential duplex (R-2) zoning districts.
Description:
Currently the City Land Development Code allows a maximum fence height of four feet
in the front setback area and four feet in the street-side setback area for property in the
Single-Family (R-1) and Duplex (R-2) zoning districts.
This issue was presented to the Planning Council on February 22, 2011 for discussion
and presented again on March 1, 2011 as an action item. The Planning Council
recommended approval of this item which addressed fence heights in Single Family and
Duplex zoning districts and addressed the materials that could be used in all Industrial
Districts at the March hearing. This item was presented to the City Commission on April
27, 2011 for first reading and deferred by City Manager, Mr. Patterson.
Since then, the Community Development staff conducted a windshield survey
concerning fence heights in residential areas and the results indicate that 55% of the
front yard and the street-side fencing for properties in the single family and duplex
zoning districts, as well as single family & duplex uses in other districts, comply with
current city code. The Community Development staff has received requests from city
residents to have the City Commission review fence height standards in single-family
and residential duplex zoning districts. Those residents have requested the option of
raising the maximum fence height to six feet in the front setback area and six feet in the
street-side setback area. Attached is a petition signed by city residents that support
modification of the City Land Development Code to allow fence heights of six feet in
front and street-side setback areas in the Single-Family (R-1) and Duplex (R-2 zoning
districts.
The Planning Council was presented with the resident's request to allow increased
fence heights in the front setback and street-side setback of single-family and
residential duplex zoned properties at the February 12, 2013 meeting. The Council
after some discussion asked that an ordinance that addressed their recommendation be
drafted and brought back to the Council in March. On March 5, 2013 this issue
resumed review after the amended draft was presented. The Planning Council
recommended approval of this amendment to the Land Development Code by a 4-0
vote.
Financial Impact:
There are no direct costs associated with these changes, as implementation requires
staff review in the permit process. Approving this request will allow the City to realize
enhanced revenues from new building permits from residents that desire fences with
increased fence heights as described above.
Implementation Time Line:
Immediately
Legislative History:
Ordinance No. 86-8 Section 6.1 H and Section 6.2 H
Staff Recommendation:
Staff recommends approval of this amendment.
Planning Council Recommendation:
The Planning Council recommended approval of this amendment.
Attachment(s)
Planning Council Meeting Minutes, February 12, 2013;
Planning Council Meeting Minutes, March 5, 2013;
Planning Council Meeting Minutes, February 22, 2011
Planning Council Meeting Minutes, March 1, 2011
Land Development Code 86-8 Section 6.1
Land Development Code 86-8 Section 6.2
Fence Height Survey
Prepared By: Gerald Lee, City Planner
Howard Brown, Director
Community Development Department
'i\ ra:
PLANNING COUNCIL MEETING
TUESDAY, MARCH 01, 2011
A. ROLL CALL: The meeting was called to order at 7:23 pm. Present were Members Ella Cobbs,
Elio Guerrero, and Vice Chairman Alvin Burke. Chairman Calvin Russell and member Sheila
Pruett were absent. Also present were City Attorney Geller, Community Development Director
Howard W. Brown, Jr., City Planner Gerald J. Lee, and Executive/Recording Secretary Oria E.
Rodriguez.
B. PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge was said in unison and Member
Cobbs did the invocation.
C. PUBLIC HEARINGS
1. PLANNING COUNCIL REQUEST: TO CONSIDER SEVERAL ORDINANCE CHANGES
FOR SUBMITTAL TO THE CITY COMMISSION
Mr. Brown came before the Board and referred to the February 22nd meeting when packages with
comparison charts about several proposed ordinance changes referring to Auto Brokers, Fences, Alcohol
Sales, and Smelting Ovens, were given to them for their review and recommendations for submitting
them to the Commission.
The public hearing was opened for Auto Brokers. No one came forward and the public hearing was
closed. Discussion after the public hearing was as follows:
1. AUTO BROKERS AS A PERMITTED USE IN CERTAIN ZONING DISTRICTS
Auto Brokers is not defined anywhere in the City Code. A recommendation was made to have them be
placed in the "I" zoning districts, except the I-2A, as business office. There will be several conditions
which are;
a. Auto sales are to be done via internet, telephone, publishing, or appointment only.
b. Operate only as a broker, and occupational license will reflect the same.
c. Prospective buyers will come by appointment to view the vehicles and test drive them.
d. Vehicles must be stored inside the warehouse bay. No outside storage permitted.
e. No"For Sale"signs or any other signs will be placed on vehicles or the warehouse property
suggesting that the vehicles are for sale.
f. No work/repairs shall be done on any vehicle inside or outside of the location at any time.
Attorney Geller suggested it be made into a show room type of operation, indoors only.
PlanningCounci103/01/1 1
Page 1 of 3
Following the discussion, a motion to approve the submittal of the proposed ordinance on Auto Brokers
with the conditions mentioned was made by member Guerrero,seconded by member Ella Cobbs.
Upon a vote the motion passed 3-0
Elio Guerrero - yes
Ella Cobbs - yes
•
Alvin Burke - yes
2. FENCE REGULATION CHANGES, SPECIFICALLY FENCE HEIGHTS AND FENCE TYPES
IN CERTAIN ZONING DISTRICTS
Mr. Brown came forward to present the proposed ordinance amending heights of fences in residential
and industrial zoning districts. Mr. Lee added they are requesting the ability to have fencing in R-1 and
duplexes above the regular height. Member Cobbs mentioned her concern about heights and types of
fences due to uniformity. She would not like fences to be of different heights and of different types.
Attorney Geller suggested a draft be made for a definite description of decorative fences. Member
Guerrero added there should also be a color code on the fences. Geller agreed and suggested a color code
be adopted also for uniformity.
The public hearing was opened. No one came forward and the public hearing was closed. Afterwards a
motion was made to approve submittal of the proposed fence ordinance by member Cobbs and seconded
by member Guerrero.
Upon a vote the motion passed 3-0
Ella Cobbs - yes
Elio Guerrero - yes
Alvin Burke - yes
3. ALCOHOL SALES IN INDUSTRIAL ZONING DISTRICTS
Attorney Geller requested the alcohol sales proposed ordinance be withdrawn for additional review and
to bring it back at another time.
A business owner, Monique Owalaki, who was present for the February 22, 2011 hearing, came back
regarding her request of zoning approval to sell alcohol for consumption at her business, which is in an
industrial zone. Attorney Geller told her whatever the City allows she will need an alcohol license. If she
has alcohol for consumption it will be a restaurant, and she is not a restaurant.
4. SMELTING OVEN USE IN CERTAIN ZONING DISTRICTS
This item is not permitted in any of the City zones. It would be an industrial zone use. Mr. Charlie Nunez
came to the February 22, 2011 meeting and provided detailed information on smelting ovens, one thing
he would like to add to his business. Attorney Geller questioned that it is a heavy kind of activity to be
engaged in MACT standards. He suggested the board to consider it a permitted use or a conditional use.
He recommended they approve allowing it but not by right, that every time someone wants to have a
smelting oven they should come in and apply, because one applicant could not measure up to another
PlanningCouncil03/01/I 1
Page 2 of 3
applicant. Mr. Brown agreed to have some kind of condition or special exception. Attorney Geller then
suggested prohibitions to be a conditional use and in an enclosed building.
After all questions were cleared Member Guerrero made a motion to submit the Smelting Ovens
proposed ordinance to the Commission and Member Cobbs seconded the motion.
The motion passed 3-0. Elio Guerrero - yes
Ella Cobbs - yes
Alvin Burke - yes
D. When the board members were asked what other issues or ordinances will they want to have
brought before them, Member Cobbs suggested to have workshops to discuss certain things they
want to know more about.
E. ADJOURNMENT
With no further business to be presented or discussed, the meeting adjourned at 8:17 p.m.
Submitted by
Oria E. Rodriguez
Executive and Board Secretary
ATTEST:
'r / W, /eD D)�c ca>r
P 1.I ing Officer,Administrativ Head,Designee
Planning Council ChairpersonNice-Chairperson
Title
PlanningCouncil0 3/U I/I I
Page 3 of 3
th'
// J.
MINUT
SPECIAL PLANNING COUNCIL MEETING
TUESDAY, FEBRUARY 22, 2010
I ROLL CALL - The Special Planning Council meeting was called to order at 7:15 pm.
Present were members Ella Cobbs, Elio Guerrero, Vice Chairman Alvin Burke, and
Chairman Calvin Russell. Member Sheila Pruett was absent. Also present were City
Attorney Joseph Geller, Community Development Director Howard W. Brown, City
Planner Gerald J. Lee, and Executive and Recording Secretary Oria E. Rodriguez.
II PLEDGE OF ALLEGIANCE AND INVOCATION - The Pledge of Allegiance was recited in
unison and Member Cobbs led the invocation.
III APPROVAL OF MINUTES: JANUARY 18, 2011
A motion was made to approve the minutes by member Guerrero and seconded by Vice
Chairman Burke.
The motion passed 4—0 Ella Cobbs - yes
Elio Guerrero - yes
Alvin Burke - yes
Calvin Russell - yes
IV PUBLIC HEARINGS
APPLICANTS NAME: CITY OF OPA-LOCKA, 780 FISHERMAN ST.
1. DISCUSS PROPOSED CHANGES TO THE LAND DEVELOPMENT CODE,
ORDINANCE 86-8 TO CONSIDER:
Mr. Brown came before the board to explain the packages and comparison charts from other
municipalities they received for their review and approval of proposed changes to the Land
Development Code in order to submit the recommendations to the Commission for their approval.
There is a need to update and amend certain language in the Land Development Code. There are
people here representing all the four (4) requested proposed changes to give their reasons why they
would like those changes. This meeting is only to candidly discuss all the proposed changes and how
they will impact the City and to compare them with other cities. No votes will be taken.
A. AUTO BROKERS AS A PERMITTED USE IN CERTAIN ZONING
DISTRICTS
PCmeeting2-22.11
Page 1 of 4
•C:Sf
Auto brokers are something like an off shoot of auto dealers. They are ones who keep their cars
inside the warehouse. They may advertise in the internet, newspaper, send out flyers, or do a mail
list. People find out what cars they have and then come to the property to view the vehicles, test
drive the one they want, come back and make a deal on the vehicle and buy it if they want it or
return it and it's put back inside the warehouse. There will be no advertising, flags, balloons, or
displays. Cars are kept inside the warehouse. It gives the smaller guys an opportunity to sell cars
and make use of their business license. It gives the City the opportunity do something in the revenue
area of allowing rentals in the warehouse district. It also keeps us from clouding the area from cars
being placed outside, back and forth traffic distracting the people with other businesses there.
There is nothing in the code addressing relating the auto brokers business.
Member asked which zone are the cars that are being repaired. Mr. Lee responded that auto
repairs allows to work on cars, auto brokers is different. They are not supposed to do repairs, body
work,only auto sales. Otherwise it would be a Code Enforcement issue. Auto brokers will be in the
industrial warehouse districts. Mr. Brown added if they have any questions regarding the packages
feel free to call him or Mr.Lee.
B. FENCE REGULATION CHANGES, SPECIFICALLY FENCE HEIGHTS AND
FENCE TYPES IN DIFFERENT ZONING DISTRICTS
The City has fences that are not to up to code. Decorative fences, very nice fences, but they exceed
the required heights in the front yards. Fences have been put up without permits and some were
allowed to be put with a permit that really exceeded the height violating the zoning regulation. In
comparison with other jurisdiction if they allow beyond 4 feet high, some of them made sure they
could not be chain link but decorative, wrought iron fence or special picket fence. They did not
restrict the height as long as it was not chain link. Also some cities do not require concrete walls in
the industrial zones; some permitting concrete columns with wrought iron between or concrete
columns with greenery, anything similar. Our code requires only concrete walls for industrial
districts. Member Cobbs asked if we are trying to get a uniform look, especially in front yards. A
lot of communities don't even allow fences in the front. We are looking for uniformity in fences, no
more chain link, only wrought iron, picket fences in the front. The current regulation for rear
fencing is 6 feet high, any material. Member Cobbs said regarding fencing the old law needs to be
revisited. Mr. Brown said over the last 6 months they've been looking at some of the older
ordinances and staff interpreted some things and made some decisions that were inconsistent with
the ordinances. Now they are trying is redo and recommend what they thing will work and
administer these regulations appropriately. They recommend some change, particularly regarding
front yards.
C. ALCOHOL SALES IN INDUSTRIAL ZONING DISTRICTS
Monique Owalabi from Africa came before the board. Her business is located at 2063 Opa-locka
Boulevard and her license is for wholesale and food, African groceries. People come to her business
to buy groceries and special herbs, and as part of the African culture they also buy a special soup
and sandwiches and beer which they consume there as they gather in fellowship. She wants a license
to be able to sell beer for consumption. The previous business had they were for selling beer and
when she came to request a license to sell alcohol no connection was found for selling alcohol. Mr.
Brown then decided to bring this to the Planning Council to review and see if this could be changed
as there are cities that allow for alcohol sales in industrial zones.
PCmeeting2-22-11
Page 2 of 4
Attorney Rodriguez made an important distinction that the zoning code, consistent with other
municipalities and the county, is going to dictate where you're allowed to or not allowed to sell
alcohol. The actual permits for selling alcohol are governed by the State of Florida Dept. of
Revenue depending on what type of classification of alcohol can be sold. Local government does not
. get into bbtaining alcohol or liquor licenses. The city does not grant liquor licenses but establishes •
the zoning district where such a sale can be permitted or not.
D. SMELTING OVEN USE IN CERTAIN ZONING DISTRICTS
The public hearing was called to order. Charles Nunez, 14310 came before the board to give
information on smelting ovens. He handed the members copies of the burners he is referring to and
approved by the DEP. He would like the city to recognize the use of the furnace. They are basically
used for recycling, for smelting and making aluminum fuel. The most important thing is the stack,
any gases, basically toxic, is burned before it reaches the environment and only smoke comes out of
it. He is requesting the city to acknowledge the use of the smelting ovens.
Mr. Lee said the zoning code prohibited smelting ovens in all three industrial zoning districts. With
change in technology maybe Mr. Nunez's request the department decided to present to the board
an added text allowing the use of smelting ovens in industrial zones. With the board's approval it
will be presented to the commission for their approval.
Chairman Russell expressed his concern that others may come and then there will have 4, 5 or 600
in the community. Mr. Nunez said he is already by the State of Florida and DERM told him that
the City has to acknowledge the use before allowing his DERM permit.
Mr. Brown said the purpose of this meeting is to introduce and talk about the items, hear from
people who have requested some kind of amendment or change in the current regulations and to
give as much input we can about it. We want to bring back the actual ordinance in voting format so
they can take a look at it and read the language, vote it up or down, recommending for the city
commission to take action.
V OTHER BUSINESS —STAFF UPDATE
DISCUSS OTHER LAND DEVELOPMENT CODE AMENDMENTS
a. Mr. Zachary Sher, 12900 NW 38 Avenue, came to introduce his business, a precious
metal refinery who have been in Opa-locka for 20 years with 100 employees, one of the biggest
precious metal refineries in the country, top two. They are embarking a redoing of their existing
facility along with the facility that is next to them. It's a multi-million dollar project and they hope
it will grand enough that it will day serve as a landmark in Opa-locka.
Architect John La Suite, 525 Ocean Boulevard, Golden Beach, was hired by Republic Metals to
redesign their newly acquired building, to make a unity of style between the existing and the new
building and also create unity from the quality of the street by creating a new enclosing wall which
is a bit different from what is usually seen. Mr. La Suite then showed the design of the proposed
changes, explaining the details.
Note: Member Cobbs left at 8:06 p.m.
PCmeeting2-22-11
Page 3 of 4
b. Mr. Mark Russo and Mr. Russell Macke, from Waste Pro of Florida, 4701 NW 35
Avenue, Miami FL, came before the board to present a package to them. They are under contract
on a property at 2330-2350 NW 149 Street. In doing their due diligence on the property and the
zoning code they came to realize that none of the industrial zoning districts allow for their use. The
building they have under contract is 180,000 square feet and it is a perfect site for their intended
use. That use is to bring.in clean recyclable commodities, such as glass, metals, card board, and
office paper; separate them, bail them, containerize them and send them out off the site. They will
be self contained in the footprint of the building. There will be no outside storage or equipment.
Everything will be inside the facility. There is a real need in the county to meet recycling or
commodity recycling percentages. A lot of businesses have only a certain amount of those
commodities and pick them up and send them to be recycled. It will be a good addition to the city.
The zoning code does not provide or talk about the use they are referring to, and they would like a
change in the language to allow the use they want. Some of the I-2 zones are rock crushing and
metal fabrication which are very problematic operations. This will be a very clean, self contained
operation which will all happen inside the building and create jobs in the city. Vice Chairman
Burke said there was a business called Planet Recycling in the same building.
A.ADJOURNMENT
With no other business to be discussed a motion was made by Member Guerrero and seconded by
Vice Chairman Burke. The meeting adjourned at 8:20 p.m.
Submitted by
Oria E. Rodriguez
Executive and Board Secretary
ATTEST:
4,
/ .
AB( " -"l / C 0 4/leecfarL
ding Officer,Adminls . ead, I esignee
nning Council Chairperson/Vice-Chairperson
Title
PCmeeting2.22-11
Page 4 of 4
ti
•:S
a •
MINUTES
PLANNING COUNCIL MEETING
TUESDAY, MARCH 5TH, 2103
ROLL CALL:
The meeting was called to order at 7:10 p.m. by C irman Russe sent members were
Calvin Russell, Elio Guerrero, Lillie Odom, (C ai . Russell .ta that Mr. Steven
Barrett would not make the meeting tonight . • . sergenc ii, Mr. Alvin Burke. Also
during the last meeting February 12, 2013 • C• . -eting, Chairman Russell
called and requested to be excused jus r th reco A iso present was Community
Development Director Howard W. o J d Pl. •r Gerald J. Lee and Attorney
Oliver Gilbert.
Chairman Russell stated that befo a prov of the minutes a discussion needed to be
made regarding the Feb :,r-n 0 eeting. Mr. Brown stated that at the last special
planning council meeti t Februa 2, 3 there were statements made in the unofficial
minutes and befor- e 'fy the m utes it was asked that they be reviewed. On paragraph
#2 under the Pub is -a •4 it s tes that Elio Guerrero gave a motion on the floor to
approve staf -comm. da . , at was Mr. Alvin Burke, He made the recommendation
and Mr. .e the motion to approve the actual site plan for Room 2 Bloom.
The are. say' slus the items the City Attorney read into the record should be struck
in it -ntiret I at w. e t what was said and the record should also state that Elio Guerrero
se • -d the m• on d Mr. Alvin Burke made the motion and everything else as far as
the ite .ssing 'as okay. Chairman Russell asked if a motion could be made to accept
the correc at Mr. Brown, Community Development Director has put on record. Mr.
Elio Guerrero gave the motion to accept the changes and it was seconded by Lillie Odom.
II INVOCATION AND PLEDGE: Chairman Calvin Russell said the invocation and the
Pledge of Allegiance followed.
III APPROVAL OF MINUTES: February 12,2013
Member Chairman Russell asked if a roll call could be made as to the changes to the
February 12, 2013 minutes.
Planning Council Minutes
03/05/2013
Page 1 of 6
Upon roll call the changes to the minutes passed 4-0.
Alvin Burke - Yes
Lillie Odom - Yes
Calvin Russell - Yes
Elio Guerrero - Yes
Member Chairman Russell asked if a motion could be made to have the minutes approved
and Member Alvin Burke moved to have them approved and Member Lil 'e Odom
seconded the motion.
Upon roll call the minutes passed 4-0.
Alvin Burke - \es Elio Guerrero Lillie Odom
Calvin Russell
Attorney Gilbert asked that we take the acti ite rst since the other item was simply
presentation.
IV. PUBLIC HEARINGS:
1.
REQUEST: AN AM ✓! T THE CITY ORDINANCE 86-8 (LAND
DEVELOPMENT CO I I ) CO . ' FENCE HEIGHTS IN CERTAIN ZONING
DISTRICTS THE '' ' I ANCE • I CORATIVE FENCES. AMENDING
ORDINANCE 8.-8 ' E 6 S' CTION 6.1 R-1 SINGLE FAMILY RESIDENTIAL
DISTRICT ■ . 2 R-2 - A DUPLEX RESIDENTIAL DISTRICT OF THE CITY
OF OPA- I EVELOPMENT CODE TO PROVIDE FOR INCREASED
HEIGH •R F: CES; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR
AN ' FEC ED .
Mr. Br. intros ced that in the last meeting that we talked about increasing fence heights
and last y- lar recommendations were brought and at that time we received the
recommendation of approval from the planning council but when it got to the city
commission they decided to defer the item. Now this recommendation is to establish
ordinance to increase fence heights in single-family homes and duplex-dwelling. If you are
a home owner and you want to put up a fence in your front yard; under the current
regulations it can be done now but not higher than 4 feet and what we are asking is that the
fence ordinance be increased to 6 feet in height for front yards. In the last meeting the
ordinance was laid out and we had language but we didn't have specifics and we advised
the planning council we would bring back a draft ordinance so you could look at to include
one of the planning council members in particular Mr. Burke requested that we have
Planning Council Minutes
12/06/2011
Page 2 of 6
language in there that would not allow for an opaque wooden privacy fence to be erected in
the front yard. This is for decorative fences only and subject fence will not obscure vision
from the front property line so this is our recommendation. You can have a fence up to 6
feet as long as it's decorative in nature and it can be wooden but it cannot obscure the front
of the building so if you are standing in the front yard or in the public right of way there is
not a 6 foot fence blocking your view to the front of the house. It has to be decorative and
be able to be seen through and be approved by our office. Chairman Russell asked the
following question to Mr. Brown that in front of the property it cannot be a wooden fence
and be 6 feet. Mr. Brown answered yes that's what I mean; you can have any kind of
fence at 4 feet in front of the property but we are asking for 2 more feet but the fence has to
be decorative. Member Burke reiterated that most decorative fences can .e seen through
but the wooden fences obscure visibility of the building and the 6 foot es would only
be decorative. Chairman Russell said that sometimes iron gates have shee -tal on t em
and have no visibility. Mr. Brown said this ordinance would not .flow any o. urit .f the
building and as long as you have any decorative fence this would •wed. ■ ser
Guerrero asked if chain link would be acceptable at 6 feet b ause • • front of a
property. Mr. Brown said no; you cannot do it with chai Mem s- Bur, reiterated
that it was not decorative. Chairman Russell made the •• .e b. .use b. k when these
ordinances were made, time changed and we have . of of e og p e . and by them being
able to cross the fences so easily as long as it has v 'bility the • fe hain link fence
should be acceptable. Member Burke stated t o • izens m .t ollow our ordinances
and our laws of the city. Mr. Brown made en at -eting that a study was
done and the planning council was prow'.ed with uin.er of fences that exist legally,
illegally, nonconforming and we defi pr ided ou so you will have that
information. As far as safety, a pe '_athered a gentleman that lives in the city
center area and has gotten a nu, .er o ign. . -s from property owners requesting that the
ordinance be changed to allow d- • fenci . in the front yard and most of the reasons
are for safety and the do '.. ,as .ken about.
Chairman Russell s id does not p•.rt the disallowance of the 6 foot chain link fences
in the front yard. • • b: 'urke st. ed that we are trying to move away from the norm and
the decorative fences . - b= ing and most communities now do not allow for chain
link fences • -• s and we are trying to move along with the change in time.
Mr. grown 'd tha e recommendation is to keep the chain link fence status at 4 feet in
he'. and to a ,w t decorative fences based on our analysis of what other communities
are do right ns and the feedback received from the last meeting.
Chairman Ru sell opened the floor for Public Hearing. Oria Rodriguez came forth to
represent the public. She lives at 785 West Superior Street. She stated she was for the 6
foot decorative fences in the front of the properties because there are people that need to
have their homes protected more and they are pretty but they are very expensive and she
feels that other homeowners who cannot afford it should be allowed to put up a nice
sensible fence. She purchased the home across from her present dwelling and she put a 6
foot fence around the side and back of that house and recently sold it. Chairman Russell
asked if there were any others to speak on behalf of the Public. No response so the Public
Hearing was closed.
Planning Council Minutes
03/05/2013
Page 3 of 6
Chairman Russell called for the motion to vote on this ordinance. Member Burke once
again made the motion to accept the recommendations of the planning department and to
move forward with this ordinance. It was seconded by Mr. Guerrero.
Upon roll call the motion passed 3-1.
Alvin Burke - Yes
Lillie Odom - Yes
Elio Guerrero - Yes
Calvin Russell - No
2. Opa-locka Vision 20/30 Plan
Mr. Brown stated that Mr. Bob Cambric on behalf of the . locka mm ty
Development Corporation would be presenting. The • tt• -y as.-d that he be
excused from the rest of the meeting being there w. no action r• ire' and it was
granted by Chairman Russell. Mr. Bob Cambric S s h Florida 'eg al Planning Council
presented a power point on the Opa-locka C an. - City of 1 pa-locka grant that was
received and what plans have been made t. s d • plans. This is what
was covered in the presentation. Mr. C. sric stat at t e purpose is to rewrite the city's
comprehensive plan and zoning cod-:. o ehen lan is a representation of
what a community wants to be in to he expe ed outcomes are to attract new
businesses, create jobs, improv- quali of h. 'n., increase the amount of housing
and revitalize downtown core. T. . . ehen- Ie planning is that the State of Florida
enacted in 1975, Local .' --nt st adopt a comprehensive plan: identify future
land uses, adopt capital mprov- t s. .ms to serve that future development, describe
land development r.gu Sons, an. ig ith the adopted plan.
The City of O s a-lock.. o -- ive plan was adopted November 14, 1990, the revision
adopted Se: • 1, and the revision based on the City's 2007 evaluation and
apprais. - sort .A.R.
The six . 'liar .re to look at how to do economic development in a uniformed
proc- ari nd the state and that we have the same budget opportunity process.
Housin. .o how to deal with issues of quality, types and amount and what do
you bring to e market. Downtown report is what type of business needed, where
they should go and how to make downtown a destination. Economic Development
report is how to get job opportunities and new citizens to move to the city. Zoning
Analysis Report is do you have the ability to have the type of development you want
going where it needs to. Land Use & Comprehensive Plan report is to go after
citizens that ask where new housing should go, where does jobs need to be and
where does recreational open space need to be. Design Charrette is how to come up
with standards to deal with a couple areas particularly the Barracks, workforce housing
and more. Community Engagement Phase II there is a Pop up Park event on 3/16/13 and
the One Voice initiative event to name a few. For the most part, we are looking at July to
Planning Council Minutes
12/06/2011
Page 4 of 6
bring to you the actual document to be recommended to the city council and others for
them to then determine to transmit that to the state and other regional review agencies to
get feedback before this plan is adopted in August. This concludes the presentation. Mr.
Cambric opened the floor for questions. Mr. Brown said they were assisting the city in
writing the actual comprehensive plan for the city & zoning ordinance. They have been a
big reviewer for us in the past and are now doing something different. Chairman Russell
said he hopes that when it's all said and done, we have a good enough plan that will make
something happen. Mr. Brown asked if they were coming back in April and Mr. Cambric
said they would be presenting a draft document on March 27 at the next city commission
meeting. Mr. Brown said they should return April 2nd and asked that they return then.
They have a lot of good ideas and by that time we would be able to brin• back something.
Mr. Lee asked about the home based businesses and the opportunity t• -ate them. Mr.
Cambric said that they would have to be identified by the neighborhood the type. of
businesses. Once that is identified then perhaps the change in th- zoning cos cou . e
authorized. Mr. Brown said to make this a little more clearer tha •' the c t
zoning code it has not been updated since 1986 allowing o y doc 140, d barber
shops as home occupations in the zoning code. What w Id like . see i• home
office not occupying more than 25% of their gross fl•• . e tha ey don't have
outdoor storage or business vehicles and these kin' of things. we d like to see these
kind of things reflected in our zoning ordinance -n you all :et at. Mr. Brown said
this was important to us and he was pretty c I ort. e that 0 DC would bring back
something we could work with. Chairm. e u a s- ng a home office right
now was allowed and Mr. Brown said •erne offi . e no allowed presently. Chairman
Russell said these are some of the c ,ge e ha - making a presentation work. Mr.
Cambric said that they would to s ..ho er com unities, businesses, and leaders are
doing things and make the sue stio . bas- input received. Mr. Brown introduced the
Corradino Group and asked Mr. • tand we would know who they are. They are
responsible for helping o .-locka review all this information and making sure
these plans conform to .rocess.
V No other busines-
VI ADJOU' ►
Chai► an R► ell itioned that the meeting be adjourned.
Meeti .djourn at 7:50pm
Submitted by
Recording Secretary
ATTEST:
Presiding Officer or Administrative Head
Planning Council Minutes
03/05/2013
Page 5 of 6
Chairman- Planning Council
Title
°41\11
\11111111bSIC
Planning Council Minutes
12/06/2011
Page 6 of 6
CITY OF OPA-LOCKA
"The Great City"
CLERK'S ACTION SUMMARY MINUTES
REGULAR COMMISSION MEETING
April 27,2011
7:00 p.m.
City Commission Chambers
777 Sharazad Boulevard
Opa-locka,FL 33054
1. CALL TO ORDER:
Mayor Myra L. Taylor called the meeting to order at 7:00 p.m. on Wednesday, April 27,
2011 in the City Commission Chambers, 777 Sharazad Boulevard, Opa-locka, Florida.
2. ROLL CALL:
The following members of the City Commission were present: Vice Mayor Dorothy
•
Johnson, Commissioner Timothy Holmes, Commissioner Gail E. Miller and Mayor Myra
L. Taylor. Also in attendance were: City Manager Clarance Patterson, City Attorney
Joseph S. Geller and City Clerk Deborah S. Irby. Commissioner Rose Tydus arrived at
7:05 p.m.
3. INVOCATION:
The Invocation was delivered by Mayor Myra L. Taylor.
4. PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was recited in unison.
Police Chief Cheryl Cason and Captain Miguel Galvez both of the Opa-locka Police
came forward with a presentation on Operation Wolf Pack, a newly formed task force
comprising of crime suppression units from the Federal Government, State, County and
municipalities in the North end of the county. Also present were members of the Wolf
Pack Operations.
Luis Santiago of 1156 Peri Street, Opa-locka, Florida came forward in company of Juan
Correa, President of the Paraguay Center of Miami-Dade County to present a plaque
dedicated to the City of Opa-locka on behalf of the government of Paraguay. Mr.
Santiago also extended an invitation to the City Commission to the 200th Anniversary
Celebration of the Independence of Paraguay on Sunday, May 1, 2011 at Florida
Memorial University.
5. APPROVAL OF AGENDA:
Regular Commission Meeting Minutes—04/27/2011 1
6. APPROVAL OF CONSENT AGENDA AND PULL LIST (deferrals and
deletions):
Vice Mayor Johnson pulled agenda items 15-2, 15-3, 15-4, 15-5 and 15-6 and
Commissioner Tydus pulled agenda item 15-1 off of the Consent Agenda (these items
would be discussed separately under Agenda Item 12—Action Items).
It was moved by Vice Mayor Johnson, seconded by Commissioner Holmes to approve
the agenda, consent agenda and pull list.
There being no discussion, the motion passed by a 5-0 vote.
Commissioner Tydus Yes
Commissioner Miller Yes
Commissioner Holmes Yes
Vice Mayor Johnson Yes
Mayor Taylor Yes
7. AWARDS/PROCLAMATIONS/ACKNOWLEDGEMENTS:
8. APPROVAL OF MINUTES:
Regular Commission Meeting—04/13/2011
It was moved by Vice Mayor Johnson, seconded by Commissioner Holmes to approve
the minutes of the Regular Commission Meeting of April 13, 2011.
There being no discussion, the motion passed by a 5-0 vote.
Commissioner Miller Yes
Commissioner Holmes Yes
Vice Mayor Johnson Yes
Commissioner Tydus Yes
Mayor Taylor Yes
9. DISTRICT ONE - COUNTY COMMISSIONER REPORT:
Larry Gardner, Liaison to District 1 County Commissioner Barbara Jordan came forward
to address any concerns.
Vice Mayor Johnson apologized to Commissioner Jordan for the city's lack of
participation at the Eco Fair.
In addition, she apologized for not being able to attend the CAA training due to her
attendance at the commission meeting.
Regular Commission Meeting Minutes—04/27/2011 2
10. MIAMI-DADE COUNTY FIRE RESCUE DEPARTMENT REPORT:
11. PUBLIC PRESENTATION:
lla. CITIZENS' FORUM:
Mayor Taylor announced that the Cultural Arts Center will not close; it is a part of the
revitalization of Magnolia North.
1. Adwina Sherman of 2165 Washington Avenue, Opa-locka, Florida, appeared
before the City Commission to voice her concern relating to a rumor about the Opa-locka
Express shuttle services being discontinued.
Mayor Taylor advised Mrs. Sherman that the bus service would continue.
2. Willie Smalls of 3110 NW 135th Street, Apt. 1, Opa-locka, Florida, came forward
for a follow up on his situation which was previously discussed at the last commission
meeting pertaining to being able to get his job back with the city.
Commissioner Holmes suggested that Mr. Smalls stay for the remainder of the meeting to
hear the dialogue relating to Civil Service Board issues.
3. Diana Smith of 2110 Washington Avenue, Opa-locka, Florida, appeared before
the City Commission and asked about the summer youth employment program.
Mayor Taylor advised that the city would have the Summer Youth Program.
Of further concern to Ms. Smith was the fact that the drivers of the Opa-locka Express
were hired from other areas when there are individuals in Opa-locka in need of jobs.
Vice Mayor Johnson explained that the city cannot dictate to the contractor as to who
they hire. However, the city has expressed its concerns relating to hiring Opa-locka
residents.
Ms. Smith inquired about the lack of elected officials attending the Crime Watch
Meetings.
Vice Mayor Johnson discussed her recent invitation to all of the Crime Watch members
in Opa-locka and only two members were in attendance.
4. Nathan Mallory of 1820 Ali-baba Avenue, Opa-locka, Florida, appeared before
the City Commission and asked if the Community Empowerment Team (CET) would
remain at the Cultural Arts Center because they have done a great job in providing
assistance to residents.
Mayor Taylor advised that the CET program would remain at the Cultural Arts Center.
Regular Commission Meeting Minutes—04/27/2011 3
• 5. Arthanial Mohammed of 1815 Ali-baba Avenue, Opa-locka, Florida, came
forward and asked about road repairs and lighting repairs on Ali-baba Avenue as well as
lighting repairs on York Street and Rutland Street. He asked for a timeline as to when the
city would begin to beautify Magnolia North.
Mayor Taylor stated that the beautification and revitalization of Magnolia North is now
in the planning stages, but 13 Million Dollars is being invested into that area through
Habitat for Humanity and the Opa-locka CDC.
Vice Mayor Johnson clarified that the 13 Million Dollars is being sponsored by the Opa-
locka CDC and Miami-Dade County Commissioner Jordan.
6. Kimberly Smith of 2084 Washington Avenue, Opa-locka, Florida, appeared
before the Commission to express her concerns relating to the requirements for the
Habitat for Humanity homes.
Mayor Taylor explained that she wasn't aware of Habitat for Humanity's breakdown of
financial obligation for home ownership.
Ms. Smith further spoke about the lack of activities for the youth in the Magnolia North
area. She said when events take place in other areas of the city, the residents in the
Magnolia North area are not notified.
Mayor Taylor suggested that Ms. Smith speak to the Parks & Recreation Director
regarding youth activities.
7. Eldrige Redmon of 2766 NW 131m Street, Opa-locka, Florida, appeared before
the City Commission and discussed the agreement worked out between him and Mr.
Huffman where the lawsuit against Opa-locka would be dismissed without prejudice. He
pleaded that the city do due diligence so that no other citizen would have to bring suit
against Opa-locka in order for Opa-locka to take due care when developers are allowed to
come into the city and build.
He continued by thanking Vice Mayor Johnson for her assistance in addressing a water
main break during the construction taking place at Villa Francine. His concern was that
the water main break took place around 5:30 in the afternoon and no one from Opa-locka
responded until 7:15 a.m. after he had to call Vice Mayor Johnson and she called to get
someone out there.
Mayor Taylor apologized to Mr. Redmon for the delay in the water main break.
12. ACTION ITEMS (items from consent agenda pull list):
16-1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO DIRECT THE CITY MANAGER TO FOLLOW AND
Regular Commission Meeting Minutes—04/27/2011 4
IMPLEMENT ANY AND ALL "FINAL ORDERS" OF THE CIVIL SERVICE
BOARD; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR
AN EFFECTIVE DATE. Sponsored by T.H.
The above resolution was read by title by Attorney Geller.
It was moved by Commissioner Holmes, seconded by Vice Mayor Johnson to pass the
above resolution.
In terms of the second whereas in the body of resolution which read: "the Civil Service
Board has issued certain "Final Orders" which have not been implemented by the city",
Commissioner Tydus asked, what specific final orders have not been implemented?
John Riley, Chairman of the City of Opa-locka Civil Service Board mentioned several
cases in which final orders were issued.
Commissioner Tydus asked, what were the final orders of the Civil Service Board?
Mr. Riley stated that the final orders included employees returning back to work,
reinstatement of pay, and others who were transferred and needed to be placed back to
their original position.
According to the provisions of the city's Code relating to the Civil Service Board,
Commissioner Tydus asked for legal advice as to where does the authority lie as far as
the final orders to the administration?
Attorney Geller explained that a hearing was held earlier that morning on one specific
case.
Commissioner Tydus asked, is this resolution based on one case or all of the cases
mentioned by Mr. Riley?
Commissioner Holmes said that the resolution is based on the ruling of the Civil Service
Board. He explained that one particular case went before the judge on two occasions and
on both occasions the judge ruled in favor of the Civil Service Board. In his opinion, the
ruling should be adhered to with all of the cases.
Mr. Riley stated that the judge's ruling in accordance with Section 192 of the Opa-locka
Charter is that the Civil Service Board's ruling is conclusive.
Commissioner Holmes suggested that the Commission put this matter to rest because the
city is wasting money going before the judge when the judge has issued a ruling which is
the law. He said he didn't need an executive session to talk about the judge's decision.
The City Commission needs to move forward with this item.
Regular Commission Meeting Minutes—04/27/2011 5
Attorney Geller went over sections 192 and 183 of the Opa-locka Charter and explained
the conflict between the two. He made it clear that the city has not appealed this matter;
however, the city has the right to appeal within 30 days. This is a matter the Commission
would decide whether or not to make an appeal. He is simply requesting that the
Commission hold an executive session to discuss the reasons why they have chosen to
contest this issue. He added that some of these issues predated him and the City Manager
and they are issues of grave concern to the city financially.
He continued by requesting executive sessions for the following cases: Bracy vs. Opa-
locka and Alonzo Williams vs. Opa-locka.
He further stated that he believes the City Manager is the party entitled to issue a final
order and what the Civil Service Board issues are recommended orders in the same
fashion as Civil Service Boards.
Commissioner Tydus voiced her concern in terms of this resolution being founded on an
isolated situation and she could not in good conscious vote favorable on it. The authority
of any board shall never exceed that of the Commission or the administration and that's
what she is hearing. She said she would be more inclined to consider the City Attorney's
recommendation for an executive session. However, the city must address the
inadequacies in the charter and this is one of them as it pertains to the authority of this
particular board.
Mr. Riley was troubled to hear that this Commission or any of its members do not believe
in the constitutional right of due process of law and that's what the charter presents.
Section 11 of the Charter prohibits this Commission from interfering or even suggesting
who is hired and fired in the administrative service and that's why there is a Personnel
Board. There must be a process in between because it does not give the Commission
absolute authority nor does it give the City Manager absolute authority. It gives an
element for the employees to go when they feel they have been done wrong.
Commissioner Tydus stated that she didn't know why Mr. Riley would address her with
that issue because it could never be said by any administration that she has ever interfered
with the day to day or the hiring or firing of any employee. But there is the issue of the
Civil Service Board presenting its findings.
Mr. Riley added that the Civil Service Board has appellate power as provided in Section
184 (4) of the same Charter.
Commissioner Tydus said that the discussion went from the resolution to an isolated
situation that needs to be discussed under the City Attorney's Report. These two matters
should not be considered together.
Vice Mayor Johnson expressed her concerns regarding some of the final orders dating
back to 2009 because her directive given to the City Attorney was to look at the Charter
and to get with the previous attorney to address such conflicts in the charter. However, at
Regular Commission Meeting Minutes—04/27/2011
this particular time there is nothing the Commission can do about it. Secondly, in terms
of this resolution, she said she needed to know what cases this is pertaining to because it
is pluralistic meaning all final orders.
She continued by saying that staff is not doing their homework because they received
their agenda packet in advance and someone should have been able to say what cases this
resolution pertained to and how much money it would cost.
Manager Patterson said that he'd asked staff to put that information together because he
had a feeling it would come up. This resolution doesn't just affect an isolated case from
today, but it can go on indefinitely in the future causing a financial impact on the city and
they don't know what that number will be. In terms of the outstanding final orders, he
asked staff to put together the figure so that he can have it for the executive session.
Attorney Geller said he could answer in terms of the case that was in court.
Vice Mayor Johnson asked, is the resolution pertaining to more than one case?
Attorney Geller replied, yes.
Following lengthy discussion in terms of the final orders and the amount of money
associated with this resolution, Commissioner Holmes suggested that the resolution be
amended to specifically deal with Linda Bracy.
Should the resolution pass, Vice Mayor Johnson stated to the City Manager, Human
Resources and City Attorney that grants in the language state that if the grant is
discontinued than the employment is discontinued and it doesn't state that the individual
would automatically become an employee. The city cannot continue to absorb those grant
employees. She requested that the City Attorney provide the language for the amendment
to deal with one individual.
Mayor Taylor asked, should the Commission decide to appeal, will the case go before the
same judge?
Attorney Geller replied, no.
Mayor Taylor asked, how much time does the city have to appeal?
Attorney Geller said that the city has 30 days from April 27, 2011 in which to file the
appeal. The city would have ample time if the Commission wanted to hear about this
issue in an executive session and he would follow whatever direction given. There are
just some things he wants to be sure the Commission knows that he would prefer not to
say in a public setting.
Commissioner Tydus reiterated that she is in favor of the executive session simply
because the Commission would be advised of information they are not receiving at that
Regular Commission Meeting Minutes—04/27/2011 7
point which would assist in making a reasonable decision with regards this particular
order before them. The order before them is setting a precedent that they have to take into
consideration for those that will follow. The funds the City Manager is concerned about
could be never ending. The city must make a priority in bringing the charter up to date
because that's where the confusion is.
Attorney Geller read the proposed amendment as follows: The City Commission of the
City of Opa-locka, Florida, hereby directs the City Manager to follow and implement the
final order of the Civil Service Board as to Linda Bracy.
Mayor Taylor questioned the amendment due to the fact that the Commission had the
judge ruling before them.
Attorney Geller advised that the document before the Commission was not the final order
but the lawsuit filed against the city by Linda Bracy.
Mayor Taylor asked for clarification as to the amendment of the resolution and whether it
would set precedent.
Attorney Geller advised the Commission as to the lawsuit which would be a separate
resolution. This resolution would implement the final order that dismissed the city's
action to change the salary of the employee.
Mayor Taylor suggested that the Commission vote on the resolution as is.
There being no further discussion, the motion failed by a 4-1 vote.
Commissioner Holmes Yes
Vice Mayor Johnson No
Commissioner Tydus No
Commissioner Miller No
Mayor Taylor No
16-2. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ISSUE A
REQUEST FOR PROPOSALS TO QUALIFIED CONSTRUCTION FIRMS FOR
RUTLAND STREET DRAINAGE AND ROADWAY IMPROVEMENTS;
PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.Sponsored by C.M.
The above resolution was read by title by Attorney Geller.
It was moved by Commissioner Miller, seconded by Vice Mayor Johnson to pass the
above resolution.
Vice Mayor Johnson asked Attorney Geller if he reviewed the proposal in the packet?
Regular Commission Meeting Minutes—04/27/2011 8
Attorney Geller replied, no.
Vice Mayor Johnson referred to Article V of the Opa-locka Charter under City Attorney
which reads: "he shall prepare all ordinances, bonds, contracts and other instruments in
writing". Because she had already had this conversation with the City Attorney, she said
she would not have it again; however, the history of the city is that staff prepares those
documents.
She continued by saying that no longer will she allow staff to draft RFP's, RFQ's, etc.
not according to what the charter states.
In the future, Attorney Geller agreed to obtain a copy of any proposal and initial anything
before it comes into the Commission package so that they are aware that it has been
reviewed and approved by him for legal sufficiency.
Vice Mayor Johnson added that she would like to see the initials and date on every page.
Should the resolution pass, the RFP needs to have the City Attorney's approval prior to
going out.
There being no further discussion, the motion passed by a 4-0 vote.
Vice Mayor Johnson Yes
Commissioner Tydus Yes
Commissioner Miller Yes
Commissioner Holmes Out of room
Mayor Taylor Yes
16-3. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ISSUE A
REQUEST FOR PROPOSALS FOR QUALIFIED CONSTRUCTION FIRMS FOR
THE IMPROVEMENT OF DRAINAGE AND STREET IMPROVEMENTS AT CAIRO
LANE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE. Sponsored by C.M.
The above resolution was read by title by Attorney Geller.
It was moved by Commissioner Miller, seconded by Vice Mayor Johnson to pass the
above resolution.
Vice Mayor Johnson reiterated to the City Attorney that nothing is to go out without his
review and initials/date on all pages.
There being no further discussion, the motion passed by a 4-1 vote.
Commissioner Tydus Yes
Regular Commission Meeting Minutes—04/27/2011 9
Commissioner Miller Yes
Commissioner Holmes No
Vice Mayor Johnson Yes
Mayor Taylor Yes
16-4. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO SUBMIT AN
APPLICATION TO THE OFFICE OF JUVENILE JUSTICE AND DELINQUENCY
PREVENTION (OJJDP) FOR THE FY 2011 SECOND CHANCE ACT JUVENILE
MENTORING INITIATIVE GRANT FOR AN AMOUNT UP TO SIX HUNDRED
AND TWENTY-FIVE THOUSAND DOLLARS ($625,000.00); PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
Sponsored by C.M.
The above resolution was read by title by Attorney Geller.
It was moved by Commissioner Miller, seconded by Vice Mayor Johnson to pass the
above resolution.
In meeting with the City of Opa-locka Parks & Recreation Director and the Youth
Violence Prevention Coalition, Vice Mayor Johnson said there is a letter of support from
the city's Park & Recreation Department for this same grant. She asked if this was the
same grant as the mentoring initiative.
Charmaine Parchment, grant writer for the City of Opa-locka came forward and stated
that she had not spoken to anyone from the Youth Coalition regarding this particular
grant.
In the write up for the recommendation of the grant, Vice Mayor Johnson said it talks
about the Parks & Recreation Department so the Director knows about it because he
knew his commitment made with Youth Coalition and now she noticed that the grant
writer is putting in for the same.
Ms. Parchment discussed that the grant she spoke to Mr. Laidler about was the
Community Based Initiative Grant which is a second grant that is due later in the month.
This is a different grant which she did not speak to Youth Coalition about.
Vice Mayor Johnson said this was the same grant that was discussed in the meeting with
Youth Coalition and Mr. Laidler.
Lorenzo Laidler,Jr., Parks &Recreation Director for the City of Opa-locka came forward
and stated that per their conversation, this grant with OJJDP is different from the Youth
Prevention Coalition grant which is a community based grant; therefore, it wouldn't
interfere and there won't be a conflict of interest.
Vice Mayor Johnson asked, is this the same grant?
Regular Commission Meeting Minutes—04/27/2011 10
Mr. Laidler replied, no.
There being no further discussion, the motion passed by a 3-1 vote.
Commissioner Miller Yes
Commissioner Holmes No
Commissioner Tydus Yes
Vice Mayor Johnson Out of room
Mayor Taylor Yes
16-5. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO RATIFY THE ACTION FROM THE CITY MANAGER TO
PERFORM EMERGENCY REPAIRS TO MASTER STATION 11C IN THE AMOUNT
OF TEN THOUSAND EIGHT DOLLARS ($10,008.00), PAYABLE FROM
ACCOUNT NUMBER 35-533520; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by C.M.
The above resolution was read by title by Attorney Geller.
It was moved by Commissioner Miller, seconded by Vice Mayor Johnson to pass the
above resolution.
Previously Vice Mayor Johnson requested that the City Manager provide her with copies
of the receipts and name of the vendor who performed the emergency repairs, however,
she has yet to receive that information.
Manager Patterson advised that this was still an emergency; the parts have to be ordered
and the work hasn't been done.
Vice Mayor Johnson referred to the document in the package which listed three quotes
and the scope of work on each was different. She asked, if the quotes were submitted in
March,how could this be an emergency?
She continued by saying that it appears as if the work had been done.
Manager Patterson pointed out to a page in the agenda packet.
Vice Mayor Johnson suggested that he read the pages that followed which had different
scope of services with none equaling$10,000.00. She asked, who is doing the work?
Manager Patterson said a contractor would have to come in and do that work.
Of concern to Vice Mayor Johnson was that to rectify something meant that it is the past
and since the past has already happened the City Manager now wants to get permission
Regular Commission Meeting Minutes-04/27/2011 11
from the Commission for the approval. She said that this could have not been an
emergency because it was April 27, 2011 and the inquiries were submitted in March.
She continued by saying that she was glad the work hasn't been done; however, the City
Attorney and City Clerk must make sure the agenda items have the supporting
documentation.
Mayor Taylor explained that pump station 11C is the master pump station in the city and
everything goes through 11C. She asked, is pump station 11C in an emergency situation
and how much time does the city have?
Fritz Armand, Public Works Director for the City of Opa-locka said that as long as the
pump station was processing sewage, it is creating gas and as long as there's gas, there's
an emergency whereby for the safety of the workers and neighboring residents. The city
knew of the emergency and has been managing it by placing commercial fans to move
the air around, but it has proven insufficient. In the meantime, they went ahead and
started receiving quotes to remedy the problem.
Vice Mayor Johnson stated to the Mayor that it seemed as though she knew a lot about
this item and she thinks the same valued information must be shared with everyone.
She continued by saying that the city has done repairs to pump station 11C in the past and
she would like to know when the city would get it fixed.
Mr. Armand explained that pump station 11C had not been upgraded; however, there
have been repairs made to it. The pump station has been designed and the city is in
receipt of monies from Miami-Dade County which should be coming before the
Commission in the near future for approval.
Although she appreciates the dialogue, Vice Mayor Johnson asked, where is the
emergency if the problem is existing?
Mr. Armand stated that it is an emergency because the pump station must be maintained
where the city cannot really send people into the pump station to perform the necessary
maintenance. In addition, if the maintenance isn't done then there's a possibility that the
sewer will flow into the neighborhood.
There being no further discussion,the motion passed by a 3-2 vote.
Commissioner Holmes No
Vice Mayor Johnson No
Commissioner Tydus Yes
Commissioner Miller Yes
Mayor Taylor Yes
Regular Commission Meeting Minutes—04/27/2011 12
16-6. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ENCOURAGE
STAFF TO PARTICIPATE AND DONATE TO THE 2011 RELAY FOR LIFE OF
NORTHWEST DADE SPONSORED BY THE AMERICAN CANCER SOCIETY,
WITH THE OFFICE OF COMMUNITY SERVICES AS TEAM CAPTAIN
SPEARHEADING THE DRIVE, AND TO EXPEND FUNDS THEREON, IN AN
AMOUNT NOT TO EXCEED ONE THOUSAND FIVE HUNDRED DOLLARS
($1,500.00), PAYABLE FROM ACCOUNT NO. 36-521493; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
Sponsored by C.M.
The above resolution was read by title by Attorney Geller.
It was moved by Commissioner Miller, seconded by Vice Mayor Taylor to pass the
above resolution.
Vice Mayor Johnson asked,does the city have a team for the Relay for Life?
During the event on April 26, 2011 in which Relay for Life was in attendance, Vice
Mayor Johnson asked, what was the representative's statement?
Sha'mecca Lawson, Executive Secretary to the Mayor/Commission came forward and
stated that the representative mentioned that the city did not have a team for the Relay for
Life.
Manager Patterson replied, yes, the city has a team.
Vice Mayor Johnson stated that the representative also indicated that because the city
didn't register early, the city's team would not have t-shirts.
Commissioner Miller and Mayor Taylor asked, does the city have a team in Relay for
Life?
Ed Brown, Assistant City Manager, City of Opa-locka came forward and stated that the
city does have a team in place. Although the ball was dropped early on in the process, he
had Ms. Holmes in OCS to get involved and register the team. The city has collaborated
with Friends for Life and North Dade Community School to form a three member team
called Friends of North Dade. He said that some of what is being said is partially right in
terms of the city's late involvement; however, there has been representation at the Relay
for Life meetings.
In an effort to avoid any gaps in the future, Mayor Taylor suggested that the city allow
OCS to continue to work with the Relay for Life.
There being no further discussion, the motion passed by a 3-2 vote.
Regular Commission Meeting Minutes—04/27/2011 13
Vice Mayor Johnson No
Commissioner Tydus Yes
Commissioner Miller Yes
Commissioner Holmes No
Mayor Taylor Yes
13. NEW ITEMS:
14. PLANNING & ZONING:
A. HEARINGS:
B. APPEALS:
15. ORDINANCES/RESOLUTIONS/PUBLIC HEARING:
A. FIRST READING:
1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AMENDING ORDINANCE 86-8, THE LAND DEVELOPMENT
CODE, TO ENHANCE FENCING STANDARDS IN BOTH RESIDENTIAL AND
INDUSTRIAL ZONING DISTRICTS, AND ADDRESS FENCE HEIGHTS, AND
ALLOWANCES FOR DIFFERENT MATERIALS TO BE USED IN FENCE
CONSTRUCTION; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR
CODIFICATION AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
Sponsored by C.M.
The above ordinance was read by title by Attorney Geller.
It was moved by Commissioner Miller, (Mayor Taylor pass the gavel to Vice Mayor
Johnson) seconded by Mayor Taylor to pass the above ordinance.
Mayor Taylor made reference to the fourth whereas in the ordinance and directed the City
Manager to make sure the colors are posted in Building & License, if this ordinance is
adopted. The base colors should be separated from the trim colors.
With regards to the recommendation from staff on the ordinance, Vice Mayor Johnson
suggested that the ordinance is revised where it would not go to the city's zoning
department or the department review committee, but to the Planning Council, Zoning
Board and a representative from any of those departments. The review panel would
consist of either the chairman from the Planning Council and/or a representative, the
Chairman for the Zoning Board and/or representative and a member from a city
department;but not going to them for approval.
Regular Commission Meeting Minutes—04/27/2011 14
Attorney Geller explained that in drafting the ordinance he noticed the same problem and
it didn't address Vice Mayor Johnson's point directly, but he didn't like the part where it
said the city's zoning department or the development review committee, however, that
was taken out. Nonetheless, what Vice Mayor is saying is different because she wants it
to be specifically the citizen groups and he understands that.
In making revisions, Vice Mayor Johnson suggested that the correspondence coming
before the City Commission reflect the changes because it doesn't. In the previous
legislation it was 6 feet and now it is 8 feet. She asked for an explanation in terms of the
increase in fence height as reflected in the prior ordinance from 6 feet to 8 feet high.
Howard Brown, Community Development Director for the City of Opa-locka came
forward and stated in terms of fence heights that the proposed amendment was for
residential properties for 6 feet and what Vice Mayor Johnson is speaking about is
industrial which is correct.
Vice Mayor Johnson stated that the ordinance has both residential and industrial and it is
not defined separately.
Manager Patterson deferred the above ordinance.
Vice Mayor Johnson asked if this item was urgent?
Gerald Lee, Community Development Department came forward and stated that this was
not an emergency ordinance. He explained that there are a number of residents who
would like to take advantage of what this legislation would give them. The city is trying
to make it legal to do what the residents are asking for in terms of allowing the fence
height to 6 feet.
Mayor Taylor asked, what happens if this ordinance is pulled?
Attorney Geller said that it could be placed back on the agenda at the next meeting for
first reading.
Mayor Taylor asked the City Manager if this item could wait?
Manager Patterson replied, yes.
Since the ordinance is pending, Mayor Taylor suggested that the city not bother the
residents.
The seconded and motion were withdrawn. The ordinance was deferred.
Mayor Taylor suggested that planning staff get with Vice Mayor Johnson for her
particulars on this ordinance.
Regular Commission Meeting Minutes-04/27/2011 15
Vice Mayor Johnson returned the gavel to Mayor Taylor.
2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, RESCINDING ORDINANCE NUMBER 10-11 WHICH
AMENDED SECTION 2-316 OF THE CITY CODE TO INCREASE THE AMOUNT
THE CITY MANAGER MAY SPEND WITHOUT THE CITY COMMISSION'S
APPROVAL; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING
FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND
CODIFICATION; PROVIDING FOR AN E1+ECTIVE DATE. Sponsored by D.J.
The above ordinance was read by title by Attorney Geller.
It was moved by Commissioner Holmes, seconded by Vice Mayor Johnson to pass the
above ordinance.
Commissioner Tydus stated that some years back she presented an ordinance to increase
the amount to$5,000.00,but she doesn't know any municipality that is at $5,000.00, they
are at $50,000.00 or above. She said that $5,000.00 really ties the City Manager's hands
and slows progress of the day to day operations; therefore, she is not in favor of
decreasing it, if anything the Commission needs to increase it. This small amount hinders
the administration's ability to function on the level that it should.
Vice Mayor Johnson discussed her reasoning for bringing the ordinance to decrease the
amount because somehow it's being abused and it may not be directly by the City
Manager, but there have been check requests avoiding the procurement process. She
requested that the City Manager provide her with a list of all vendors and a copy of the
check request. She said some of vendors are getting paid in amounts not exceeding
$5,000.00, however, in adding the amounts up it is adding up to a large amount.
Sometimes abuse of power has to be looked into.
She continued by saying that when the Commission gets into the pay schedule, it is going
to be a wide awakening. In addition, she went back and looked at the car allowances
spent and some people have never left their office and have done nothing outside of the
office. The city cannot continue the way it is going and at the end of the day, the buck
stops with the Commission to manage the spending of the city. In moving forward, the
Commission will be shocked and will not be able to do some of the things they need to
do.
Mayor Taylor stated that$5,000.00 was not a lot of money and the City Manager can't do
much with it. She does believe in research and the city that he came from gave him
$50,000.00 at his discretion and some things the man has to move without the
Commission tying his hands. She said that $3,500.00 was not a lot of money and the
Commission is going to hold him at $5,000.00 when the city gives away thousands of
dollars to charitable organizations. The Commission will hold the City Manager hostage
for $5,000.00 and to decrease him is not fair because he has to be allowed to move. The
City Manager can't do much because he has to get permission to accept money and to go
Regular Commission Meeting Minutes—04/27/2011 16
out for money. If the Commission takes a track of what they are doing to the City
Manager, they are decreasing his power, his authority at almost every meeting.
She continued by saying that $5,000.00 is not a lot of money and $3,500.00 is certainly
an insult. She suggested that the Commission look at what the city is paying in overtime
for employees who are working overtime that really are not working overtime. The City
Manager's money is the least the Commission needs to worry about; overtime and car
allowances are where the bleeding is. To decrease the City Manager back down to
$3,500.00 is really tying his hands and the Commission can't mistreat him because he
should be able to do some things at his discretion and $5,000.00 doesn't give him a lot of
discretion. She said she would not support this ordinance.
Vice Mayor Johnson thanked the Mayor for the eloquent way of setting the stage for this,
but prior to her bringing legislation to increase the amount to $5,000.00 she didn't see
anyone sponsoring anything and she would never support for the City Manager to spend
$50,000.00. As a matter of fact, should one be brought forth then she would bring the
community in because she thinks it's a disgrace. Secondly, she said she has never known
of anything she voted on that tied the City Manager's hands. Although she is not in the
City Manager's ear everyday, the City of Opa-locka is not a strong Mayor, strong Vice
Mayor or strong commissioner city.
She continued by saying that she would continue to voice her concerns on items dealing
with taxpayers dollars.
She further stated that the Commission is losing track and there are individuals in the city
that have exceeded the maximum per the pay scale, but they will take care of all of this
together. She deferred the ordinance and said she would take it back to the people.
The seconded and motion were withdrawn.
B. SECOND READING/PUBLIC HEARING:
1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AUTHORIZING THE ISSUANCE AND SALE OF NOT TO
EXCEED $8,000,000 CAPITAL IMPROVEMENT REVENUE AND REVENUE
REFUNDING BONDS, SERIES 2011, IN ONE OR MORE SERIES, PURSUANT TO
ORDINANCE NO. 94-7, FOR THE PURPOSE OF REFUNDING ALL OR A
PORTION OF THE CITY'S CAPITAL IMPROVEMENT REVENUE BONDS, SERIES
1994 AND PAYING COSTS OF CERTAIN CAPITAL IMPROVEMENTS OF THE
CITY; PROVIDING THAT DETAILS, TERMS AND OTHER MATTERS RELATING
TO SERIES 2011 BONDS BE DETERMINED IN SUBSEQUENT RESOLUTIONS;
AUTHORIZING CITY MANAGER TO ACT AS REGISTRAR AND PAYING
AGENT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR
CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION AND
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading held on
March 23, 2011). Sponsored by C.M.
Regular Commission Meeting Minutes—04/27/2011 17
NOTE: The above ordinance is in conjunction with Agenda Item 15C1.
The above ordinance was read by title by Attorney Geller.
Mayor Taylor opened the floor for a public hearing. There being no persons to speak on
the public hearing, the public hearing was closed.
It was moved by Commissioner Tydus, seconded by Vice Mayor Johnson to pass the
above resolution.
Vice Mayor Johnson asked if the City Attorney had read this item in accordance with
Article III of the city charter?
Attorney Geller replied, yes.
Vice Mayor Johnson said she previously asked staff for a revision to bring back all of the
capital improvement projects related to this bond and she would have wanted to see that
information. Should this ordinance pass, she directed the City Manager to provide the
Commission with a copy of the capital improvement projects by 5:00 p.m. on April 28,
2011.
There being no further discussion, the motion passed by a 3-2 vote.
Commissioner Holmes No
Vice Mayor Johnson Yes
Commissioner Tydus Yes
Commissioner Miller No
Mayor Taylor Yes
C. RESOLUTION/PUBLIC HEARING:
1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA AUTHORIZING THE ISSUANCE AND SALE TO LENDER OF
NOT TO EXCEED $5,393,000 CITY OF OPA-LOCKA, FLORIDA CAPITAL
IMPROVEMENT REVENUE REFUNDING BONDS, SERIES 2011A, FOR THE
PURPOSE OF, TOGETHER WITH OTHER AVAILABLE MONEYS, REFUNDING
THE CITY'S CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 1994 AND
PAYING COSTS OF ISSUANCE OF THE SERIES 2011A BONDS, AND NOT TO
EXCEED $2,320,000 CITY OF OPA-LOCKA, FLORIDA CAPITAL IMPROVEMENT
REVENUE BONDS, SERIES 2011B, FOR THE PURPOSE OF PAYING COSTS OF
THE SERIES 2011 PROJECTS AND PAYING COST OF ISSUANCE OF THE
SERIES 2011B BONDS; MAKING FINDINGS AND DETERMINATIONS AS THE
SERIES 2011 BONDS; ACCEPTING THE PROPOSAL OF LENDER AND
AUTHORIZING THE NEGOTIATED SALES OF THE SERIES 2011 BONDS TO THE
LENDER; AUTHORIZING THE CITY MANAGER TO FINALIZE THE TERMS OF
A LOAN AND AWARD THE SALE OF THE SERIES 2011 BONDS; AUTHORIZING
Regular Commission Meeting Minutes—04/27/2011 18
THE EXPENDITURE OF THE PROCEEDS OF THE 2011 BONDS AND PROVIDING
FOR THE REFUNDING OF THE CITY'S CAPITAL IMPROVEMENT REVENUE
BONDS, SERIES 1994; APPROVING THE FORM OF A LOAN AGREEMENT IN
CONNECTION WITH THE SALE OF SUCH SERIES 2011 BONDS AND
AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH LOAN
AGREEMENT AND THE SERIES 2011 BONDS; APPROVING THE FORM OF AN
ESCROW DEPOSIT AGREEMENT AND AUTHORIZING THE EXECUTION AND
DELIVERY OF SUCH ESCROW DEPOSIT AGREEMENT; AUTHORIZING THE
APPOINTMENT OF A REGISTRAR, A PAYING AGENT, AND AN ESCROW
AGENT; AUTHORIZING OTHER REQUIRED ACTIONS IN CONNECTION
THEREWITH; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
The above resolution was read by title by Attorney Geller.
Mayor Taylor opened the floor for a public hearing. There being no persons to speak on
the public hearing, the public hearing was closed.
It was moved by Commissioner Tydus, seconded by Vice Mayor Johnson to pass the
above resolution.
Attorney Geller pointed out a typographical error on the agenda; the word insurance
should read"issuance".
Vice Mayor Johnson requested an amendment to the resolution where it reads
"authorizing the City Manager to finalize the terms of a loan" to include the City
Attorney pursuant to the charter.
Attorney Geller provided the wording for the amendment as follows: "authorizing the
City Manager in conjunction with the City Attorney".
Vice Mayor Johnson asked, why is this item a resolution as oppose to an ordinance?
Attorney Geller explained that the Commission adopted the ordinance that permits it so
there is an ordinance as well. Without the ordinance,the Commission could not adopt this
resolution. F.S. 166 states that these types of borrowings are done by resolution if there is
an enabling ordinance to permit it.
Due to the nature of this item, Vice Mayor Johnson preferred to have this as an ordinance
to allow for a public hearing because she didn't know that the city could hold a public
hearing under a resolution.
Pedro Miranda, Bond Counsel of 201 S. Biscayne Boulevard, Miami, Florida came
forward and said that the reason this is a resolution is after the Commission has done the
ordinance in two readings, the resolution sets the details of the financing. To bring details
back in two readings, a bank that gave a quote would not hold it for that time period
required.This is why the legislator allows for a resolution after the ordinance is adopted.
Regular Commission Meeting Minutes—04/27/2011 19
Vice Mayor Johnson stated that the fixed rate is going through July 1, 2011 so if this item
was brought back as an ordinance it would have allowed for the public input prior to.
Mr. Miranda discussed that the point is that when different banks provide their proposals
as to what the financing would be, they won't hold that rate for a month because interest
rates fluctuate.
Vice Mayor Johnson asked, which bank was recommended?
Mr. Miranda said that the bank in the resolution which he believes was chosen is Branch
Banking &Trust Company(BB&T).
There being no further discussion, the motion passed by a 4-1 vote.
Vice Mayor Johnson Yes
Commissioner Tydus Yes
Commissioner Miller Yes
Commissioner Holmes No
Mayor Taylor Yes
Mayor Taylor asked about the additional language being inserted as requested by Vice
Mayor Johnson.
Attorney Geller said that his opinion is required in order to close on this issue; however,
if Vice Mayor Johnson wants to include that language as an amendment to the resolution
then it would be a formal amendment.
Vice Mayor Johnson made a motion for an amendment to the resolution.
Mayor Taylor suggested that the motion and seconded be withdrawn because she wanted
to do the entire resolution.
Vice Mayor Johnson stated that according to the charter the City Attorney would have to
review this anyway, but she is asking that it be inserted into the verbiage of the
resolution.
Attorney Geller said there was nothing wrong with what Vice Mayor Johnson wanted,
however, as the Mayor stated the seconded must be withdrawn so that the Commission
can vote on the amendment.
It was moved by Commissioner Tydus, seconded by Vice Mayor Johnson to amend the
resolution to include: "authorizing the City Manager in conjunction with the City
Attorney".
There being no discussion, the amendment passed by a 4-0 vote.
Regular Commission Meeting Minutes—04/27/2011 20
Commissioner Tydus Yes
Commissioner Miller Yes
Vice Mayor Johnson Yes
Commissioner Holmes Out of room
Mayor Taylor Yes
It was moved by Vice Mayor Johnson, seconded by Commissioner Tydus to pass the
resolution as amended.
There being no further discussion, the resolution as amended passed by a 4-0 vote.
Commissioner Miller Yes
Vice Mayor Johnson Yes
Commissioner Tydus Yes
Commissioner Holmes Out of room
Mayor Taylor Yes
16. ADMINISTRATION:
CONSENT AGENDA:
A. CITY MANAGER'S REPORT:
Manager Patterson reported that it had been customary to do budget amendments in the
month of March and in a memorandum from Vice Mayor Johnson it was eluded that the
budget amendments were due by March 30.
Vice Mayor Johnson recalled that in the many years she's been with the city, she has
never seen it done on time; therefore, she was not sure but she knew the city had not done
it by March 30. She requested that the budget amendments are included for the first
meeting in May.
Manager Patterson said that the budget amendments were not yet provided because he
was trying to get at least six months of projections from the state on revenue to provide a
better picture than dealing with only through the month of January. He said he could
provide the budget amendments for the first meeting in June at which time he would have
all of the information in to give at least six months worth of information as oppose to four
months.
Vice Mayor Johnson disagreed with the City Manager in terms of the timeline to provide
the budget amendments because the city would be going into the new budget process.
She directed the City Manager to provide the budget amendments by the next meeting.
Manager Patterson requested additional time to be able to provide a better picture in
terms of projections for the remaining of the year.
Regular Commission Meeting Minutes—04/27/2011 21
Vice Mayor Johnson said she didn't want to go into June or July to receive the budget
amendments.
Manager Patterson informed the Commission that they should have a response to their
concerns in the packet provided as well as the report on the City Manager's
accomplishments.
Commissioner Miller directed the City Manager to get an outside agency to investigate
the Opa-locka Police Department as soon as possible.
Commissioner Holmes informed Commissioner Miller that a direct order as such should
be done in the form of a resolution, however.
It was moved by Commissioner Miller, seconded by Commissioner Holmes to direct the
City Manager to bring in an outside agency to investigate the Opa-locka Police
Department as soon as possible in an amount not to exceed$25,000.00.
Vice Mayor Johnson asked, what would this agency be investigating?
Commissioner Miller replied, everything. She said this is a serious matter and whatever is
going on at the Opa-locka Police Department must stop now before the city collapse.
She directed the City Manager to advise her of the agency and when they would start the
investigation by 5:00 p.m. on April 28, 2011.
There being no further discussion, the motion passed by a 5-0 vote.
Vice Mayor Johnson Yes
Commissioner Tydus Yes
Commissioner Miller Yes
Commissioner Holmes Yes
Mayor Taylor Yes
Commissioner Miller left the meeting at 9:45 p.m.
Vice Mayor Johnson stated that she sponsored a resolution to suspend the car allowances
which was passed by the Commission; however, the City Manager is not adhering to it.
In her research, she concluded that $94,428.00 is being spent on car allowances yearly.
She asked what would it take to get the City Manager's attention because obviously her
being an elected official on the Commission is not working.
Manager Patterson asked if he could get with the Vice Mayor on the following day to
discuss this matter.
Vice Mayor Johnson agreed because she didn't want it to continue as is.
Regular Commission Meeting Minutes—04/27/2011 22
She continued to ask about an agreement with the City of Hialeah for gasoline? She said
she seen a city vehicle at the Hialeah gas station within a month and she would like to
know what are they getting. She asked the Finance Director if any recent checks had been
paid to the City of Hialeah for gas?
Dr. Orji did not recall any recent checks to Hialeah for gasoline.
Vice Mayor Johnson expressed her concerns relating to employees saying they are
working in a.hostile working environment and she would like the City Manager to
address the issue; inquiries on costs that are not budgeted to modify someone's office for
confidentiality; and paying salaries to employees who have been out for several years.
She concluded that somewhere along the line the city is not adhering and has lost control.
Although she doesn't like micromanagement, she does believe employees should be held
accountable.
She requested to meet with the City Manager to review the pay schedule because she is
really concerned with some of the salaries. She requested to have the Welcome Kit
completed by the next meeting.
She further stated that through the Human Resources Department, the city should cross
train employees because there should be no one person that knows how to do something
that nobody else knows how to do.
Vice Mayor Johnson made reference to previous legislation adopted for a freeze on non-
essential hiring, however, the city is continuing to hire people bringing individuals as
temps and now they are career employees.
Guithele Ruiz-Nicholas, Human Resources Director for the City of Opa-locka came
forward and stated that the Human Resources Department was budgeted for four
positions. There was a HR I/ Safety Coordinator when the budget was acquired because
they had acquired the functions of risk management, there was an HR generalist II who
terminated her employment with the city in December, the Human Resource Director and
an administrative assistant as budgeted in FY 2010/2011 budget. As the budget was
passed, those are the only positions in her department and there are similar cases in other
departments.
Since the budget was passed, Vice Mayor Johnson said that legislation was adopted for
the city not to do any hiring unless it was essential (i.e. public safety) and not because it
was budgeted for. If there was any hiring, then the City Manager was to come back to the
Commission.
She directed the City Clerk to provide a copy of the legislation. She requested that the
City Manager provide a list of all individuals hired from that point on.
Regular Commission Meeting Minutes—04/27/2011 23
Commissioner Holmes said that it was brought to his attention that there are employees
under department directors who are totally disrespectful to the department director and
are allowed to leave their job to come back when they want to. He directed the City
Manager to look into this matter and take action, if necessary.
He directed the City Attorney to draft an ordinance to terminate the employment of any
employee who sues the City of Opa-locka. There are many employees who have sued this
city and collected money and are still collecting a paycheck.
He advised the City Attorney that he was not in agreement with what he was doing
especially when the court ruled a different way. The charter states that any case the City
Attorney takes to court, the Commission must pass a resolution to authorize it and the
City Attorney didn't do that in the Bracy case.
He further spoke about the incident in which a GOP official posted pictures of the
President as a monkey. This type of behavior should not be allowed.
Mayor Taylor asked for a response on her previous request relating to the 5058
agreement.
Attorney Geller advised that he was still working on that issue because there is new law
relating to it.
Mayor Taylor directed the City Manager to provide a report on the doings and the
benefits of Weed & Seed, CET and the Front Porch in conjunction with the City of Opa-
locka.
She requested that the City Manager set up a system whereby businesses and residents
can pay their city debts online.
She continued by saying that she would like to see a homebound program where the
reserved police officers can visit those residents that cannot get out. This could possibly
be created through the police department.
She further asked if the Summer Youth Program was underway.
Manager Patterson reported that the Summer Youth Program job fair will start on May
24, 2011 from 10:00 a.m.—3:00 p.m. on the 2nd Floor at Town Center.
Mayor Taylor directed the City Manager to make sure the Summer Youth Program
information is posted on Opa-TV.
She directed that the City Manager perhaps through Code Enforcement reach out to
businesses to find out about employment opportunities available.
She further asked, is overtime under control?
Regular Commission Meeting Minutes—04/27/2011 24
Manager Patterson said the overtime is coming down considerably, but it is still not
where it needs to be.
B. ACCOUNTS PAYABLE:
Ezekiel Orji, Finance Director for the City of Opa-locka came forward and stated that
included in the packet under tabs 3, 4 and 6 were the respective finance reports. The
overtime report was not included this time, however, he will include it on the next report.
He noted that the reserve of$565,000.00 is maintained as budgeted for the current fiscal
year.
He mentioned that the bond ordinance adopted was a wise decision for the city to raise
money for the capital projects.
Vice Mayor Johnson stated that she submitted a request for a copy of vendors and check
requests for October 1, 2010 through current. She asked, when would she receive that
information? In addition, she asked that her colleagues are also provided with the same
information.
Dr. Orji said that the information was requested by May 4, 2011 and he is working
diligently to meet the request.
17. OFFICIAL BOARD REPORTS:
18. CITY ATTORNEY'S REPORT:
Attorney Geller informed the Commission that he distributed a written report. As
mentioned earlier, he requested executive sessions on the Bracy matter and the Alonzo
Williams case (a worker compensation case).
Vice Mayor Johnson informed the City Attorney that she was serious in terms of the
review of Article V of the Charter.
She directed the City Manager to contact the City of Miami Gardens clerk for a copy of
their littering ordinance because she has noticed littering in Opa-locka.
She went on to say that she had not received a follow-up for CSX and she does recall the
Commission adopting a resolution to receive$50,000.00 to clean along the railroad track.
She directed the City Attorney to bring legislation back that the City Manager has 30
days to start executing because this has been over a year ago and it should not take this
long to get it done.
She directed the City Attorney to provide a report on the airport noise.
Regular Commission Meeting Minutes—04/27/2011 25
Attorney Geller stated that he did contact the director of Miami-Dade Aviation personally
and a representative was assigned to work with the city which is available anytime, but he
has never received a report on the times in terms of the airport noise. The city must have
the information to report back to the county.
At that meeting, Vice Mayor Johnson said that the City Manager directed the police
department to take reports on the noise. She directed the City Manager to make sure the
noise is being reported so that this matter can be addressed.
She requested that the City Attorney provide his bi-weekly report prior to the day of the
commission meeting to allow time for review.
With regards to CSX, Mayor Taylor requested to be provided with the information and
the status.
She continued by asking if the City Attorney had a date in mind for the executive
sessions?
Attorney Geller advised the Commission that he would get with the City Clerk on the
date for the executive sessions.
19. CITY CLERK'S REPORT:
Clerk Irby advised the Commission that the Office of the City Clerk would be in training
on May 2 -3, 2011, however, they would still be available to the Commission.
20. MAYOR/COMMISSION REPORT:
Commissioner Tydus reported that she read to the students of Robert B. Ingram
Elementary at the Opa-locka Library.
She invited everyone to the National Day of Prayer Observance and the 1st Anniversary
of the Community Butterfly Garden/Tree Planting Ceremony on Thursday, May 5, 2011
at 12:00 p.m.
Vice Mayor Johnson reported her participation at several career day presentations. She
said she is concerned and wants to make sure the city reinforces the out of school
suspension program to make sure all schools are utilizing it because the young man who
drowned was suspended from Hialeah-Miami Lakes Senior High School.
She continued by saying that she is working with CAA and if there's anything going on
and staff is working on it then that information should be shared with others so that they
don't put in the same energy. In working with the CAA, she would be meeting with the
seniors on Friday, April 29, 2011 in terms of homestead exemption opportunities to get
their house beautified. In addition, she asked CAA to look at one of the homes she's been
trying to get fixed in the community for one of the citizens.
Regular Commission Meeting Minutes—04/27/2011 26
She further stated that she met with South Florida for Better Living for the tree planting
program. She thanked Commissioner Tydus for taking the lead in the tree planting
kickoff at the Community Butterfly Garden on May 5, 2011. The next tree planting event
would be held on July 16, 2011, however, she directed the City Manager to have staff
start promoting this event now.
Lastly, she said she spoke with the Mayor and also followed up with Miami-Dade County
League of Cities and she doesn't know who called and removed her as a member
representing the City of Opa-locka. She said she didn't appreciate whoever did this.
Vice Mayor Johnson reported that she was nominated by the Governor to serve on a
couple of boards. The paperwork was submitted and she would keep the Commission
updated should she get appointed.
Mayor Taylor reported that she too had an opportunity to read to the children in the
library.
She continued by saying that she was a part of War on Poverty which Vice Mayor
Johnson was instrumental in making this their home. War on Poverty is a program
addressing a different area of need in the community and this particular workshop
addressed obesity in youth.
She thanked the Office of Community Services for answering the calls from the residents,
the Public Works Department for addressing the leaks, and Nelson Rodriguez of IT for
the improvement of OPA-TV and for being instrumental in automating the City Clerk's
Department.
Mayor Taylor stated that the young man who drowned was on suspension and she was
trying to talk to the Mayor of Hialeah because the police department is not even 20 feet
away. She encouraged everyone to watch their children to keep them away from trouble.
Manager Patterson informed the Commission that he is in receipt of permits for pump
stations 1 & 2 and he may have to call a special meeting to accept the recommendation
once he meets with the builders.
Mayor Taylor explained that pump stations 1 & 2 are needed for the revitalization of
Magnolia North.
21. OFFICIAL BOARD APPOINTMENTS:
Mayor Taylor expressed the urgency of the Zoning Board of Appeals which has to do
with the revitalization of Magnolia North.
Regular Commission Meeting Minutes—04/27/2011 27
It was moved by Vice Mayor Johnson, seconded by Commissioner Tydus to appoint
Sabrina Aikens (Holmes), Evelyn Evans (Tydus), George Ellis (Taylor, Johnson), Lloyd
Harrison, alternate (Taylor), and Sadie Jones(Taylor)to the Zoning Board of Appeals.
There being no further discussion, the motion passed by a 4-0 vote.
Commissioner Miller Not present
Commissioner Holmes Yes
Commissioner Tydus Yes
Vice Mayor Johnson Yes
Mayor Taylor Yes
22. ADJOURNMENT:
There being no further business to come before the City Commission, it was moved by
Vice Mayor Johnson, seconded by Commissioner Holmes to adjourn the meeting at
10:35 p.m.
MAY
ATTEST:
ITY ERK
Regular Commission Meeting Minutes—04/27/2011 28
6.2 R-2 TWO FAMILY (DUPLEX) RESIDENTIAL DISTRICT
A. District Purpose
The purpose and intent of the R-2 district is intended primarily for the
development of duplex residential structures.
B. Uses Permitted
No land, water or structure may be used, in whole or in part, except for one
or more of the following uses subject to applicable district regulations:
1. R-1 uses subject to regulations in R-1 district.
2. Duplexes.
3. The following uses may be permitted as special exceptions subject to
site plan review:
a. Religious facilities and their educational buildings.
b. Municipal buildings and uses.
c. Day care centers.
4. Accessory uses for the above uses.
C. Minimum Lot Area
Five thousand (5,000) square feet for existing platted lots, except that new
plats will be required to have seven thousand five hundred (7,500) square
feet as a minimum.
D. Minimum Lot Width
Fifty (50) feet for existing platted lots, except that new plats will be required
to have seventy-five (75) feet as a minimum. Existing plats greater than
seventy-five (75) feet cannot be reduced below seventy-five (75) feet to
provide for a greater number of units.
97
E. Minimum Yards
Yard Setback(ft.)
Front 25
Side, interior lot 5 or 10% of lot width; maximum
required 7'6".
Side, street 15
Rear 25
F. Maximum Building Heights
Two and one-half(2 'A) stories or twenty-five (25) feet,whichever is less.
G. Minimum Floor Area
The minimum floor area shall be seven hundred fifty (750) square feet for
two bedroom units and six hundred (600) square feet for a one bedroom unit,
exclusive of attached garages, carports, terraces, breezeways and/or porches.
H. Other Requirements
Site plan review shall be required for developments containing five (5) or
more duplex structures. If streets are unimproved, site plan review shall be
required for two (2) or more duplex structures.
Decorative walls/fencing may not exceed 4'0" along the front or side street
property line or along the front setback access and shall not exceed 6'0" in
other areas.
Land Coverage
The maximum amount of site area which may be covered by all uses
requiring impervious ground coverage including, but not limited to,
structures, driveways, off-street parking areas, tennis courts, patios, and
swimming pools shall not exceed sixty percent(60%) of the total site area.
98
OQP.LOpc
o O
Community Development d c Howard W.Brown
780 Fisherman Street,4th Floor ;� )% Department Director
Opa-locka,FL 33054 a" Phone: (305)953-2868,Ext. 1503
o
OgPT s Fax: (305)953-3060
TO: Howard W. Brown, Director DATE: March 27, 2012
Community Development Department
FROM: Gerald Lee, City Planner
SUBJECT: Fence Height Survey
The following are the results of the windshield survey. A majority(55%),just above half of the front yard and the side
street fencing for properties in the single family and duplex zoning districts, as well as single family/duplex uses in other
districts, are in compliance with current city code.
Approximately 1/3 (32%)of the front yard and side street fencing for properties in the single family and duplex zoning
districts are above 4 feet. Some residents have requested to have the option of raising the maximum fence height to
over 4 feet in the front yard and street side yard areas. Most of these residents remain compliant in spite of their
preference for higher fencing.
CHAIN LINK DECORATIVE FENCE
NO FENCE
4 Feet >4 Feet 4 Feet >4 Feet
Zone 3 383 66 26 176 76
Zone 4 139 37 13 103 20
Zone 2 208 27 15 64 63
Zone 1 107 2 2 34 29
Zone 5 51 22 2 25 30
TOTALS 888 154 58 402 218
Jr Decorative Fence
1i NO FENCE
-->4 Feet, 23% 0 Feet, 13%
10 Decorative Fence
- 4 Feet, 3% \
II Chain link Al Chain Link
-->4 Feet,9°. -- 4 Feet,52%
ti.
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t.�., Rt
MINUTES II
Jill ,
PLANNING COUNCIL MEETI e'1111b,b
TUESDAY,FEBRUARY 12,200% ii i,ii ai Is II
Ilk gg 1111,7 diiillp i. 3 3 3
'I;Ii 222 €a l, 1� i,�.
I ROLL CALL: llill'� , �h �2iI 11 111111P',,,11i�
The meeting was called to order at 7:12 pm by ' �Vard W. Br• Jr Piet were Members Alvin
Burke, Steven Barrett, Lille Odom, and Elio G ero. Absent meig�fs wa'Ihairman Calvin Russell; he
called to be excused. This was noted on March i P013 minutes. Als h ttendance were Attorney Hope
Calhoun, Community Development Dig r Ho W. Brown, JftLnd anCileity Planner Gerald J. Lee.
la I Pi" 13��
II INVOCATION AND PLED 1lvin Bu 4 aid t-1111 the Pledge of Allegiance
followed. 11 �����; b:,
�
In l h'
III APPROVAL OF MI 1: S: ,I,:W �. k of,2013 4111114
�1 41111
Elio Guerrero made ��•tion to Ass the, utes, Lille Odom seconded the motion
Upon roll call,the mint. a : 14 0. 2 , ,;
il1g1111N111 1b , � '
IV 11 111ii 1�1 i 11i I l a',
11�� in Burke - Yes
ll 1;t. 1 I Ste��n Barrett - Yes
111111,
I 1' Lille Odom - Yes'1111I 11 011 111I, i
Elio Guerrero - Yes
Roll passes 4-0
Planning Council Minutes
2/12/2013
Page 1 of 5
IV. PUBLIC HEARINGS:
1. Applicant Name: Room 2 Bloom, LLC.
Address 490 Ali Baba Avenue, Opa-locka, Florida 33054
Legal Description: A PORTION OF BLOCK 96, "PLAT NO. 2, OPA-LOCKA",
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 28, AT PAGE 752 OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, ZONED I-1 (FOLIO) 08-2121-
005-0440. Oh
Request: Site plan approval to open up a child care Oily.
l ill;,l,,
Attorney Hope Calhoun announced item on the agenda. Alvin B 41 lopened up the i.lic he
Imanti Banks came forward as one of the participants in the partners F ips� r ' .om 2 . t , O il 490 Ali-Baba Avenue. He stated that they wanted to op up a chile ' re fac hi d ha i• t iready
received the necessary approvals from DCF. He hoped t , e Plan ;C•� it a. ved the plans
tonight and announced that he would answer qu-, ' egar`Gi m.. Room room. Alvin Burke called
others to speak on behalf of Room 2 Bloom. S - a Dudley Pre .Id, her as a oint artner for Room
2 Bloom. She said they have been trying to ge �is facility pen f ;'te s e ti jme. They came before
li the Commissioners and the Commissi•, ' r had al :t of requirements t y had to meet. Since then,they
have worked with Mr. Brown and Mr.
sed.°r. L _ he sa I' e hopes thatthe council is able to approve the site
plan tonight. Public hearing cloLee sa .t w- , to gi i:'•u some highlights concerning this
particular site plan. There ha,i0Cen regulatio eady .. � :l 1� the commission to allow for a TOD in
the area where this site pl.n at to. W. ,.■ut the D, this zoning district,this use could not be
accompanied by this s I r ith the es in min st 's application is a valid one. When we review
the site plan, we've l e ermined that agi
: c requirements have been met occurring to our by the land
development code an , requi- :i ents d f . TOD. This is the location of the TOD area and it is within
this district. T A' is the ® -= e 1 l of the pr:. 'y. When we reviewed it, we find that everything that is
required b b` at ed tc. Na ff recommends approval based on that fact. As long as they comply with
all the, te, county, E�' ations. hat is the end of our presentation.
43I. .1;!3¢a 1 ! .
Mr. Bur ave a motion • e floor to approve staff recommendations and Mr. Guerrero seconded the
riq
motion to rove the actu. Site plan for Room 2 Bloom. Upon roll call,the minutes passed 4-0.
�xl�i 1i�IIP
_ § ��� it Alvin Burke Yes
Steven Barrett - Yes
Lille Odom - Yes
Elio Guerrero - Yes
Brown stated that the Planning Council approval will be the first step for city approval. The Planning
Council's recommendation will be taken to the City Commission, in which the City Commission will
Planning Council Minutes
2/12/2013
Page 2 of 5
provide a final approval or denial of the site plan. The City Commission meeting will take place the first
meeting in March.
2. Applicant Name: The City of Opa-locka, Community Development&Planning Dept.
Address 780 Fisherman Street, 4t''Floor, and Opa-locka, Florida 33054
Request: An Amendment to the City Ordinance 86-8, (Land Development Code)
concerning fence heights in certain zoning districts.
Ai
Attorney Calhoun announced the second item on the agenda. Brown saidth4 the city has been struggling
with the issue of fence heights city wide. He said that staff went around the c 4 t oking at all the types of
fences allowed in the front yard. Brown stated that the Commu evelo ment&Plannin department
� rato p 1,.II„ g P
has had residents come to them requesting permits to erect fences..,He` l°ed that they ve . ten telling
residence that they cannot have a fence that exceeds 4 feet in height due to �_ .pt that .D D e doesn't
3
111.44
allow for that. Two years ago, staff brought a recomm- ` ion. Pla
y g , g r � g co �t'� mm nded approval
but the commission deferred it. We'll address the is at The is < , ISM.nd is that we are okay
with fence heights for residential properties, if it l ecoirative They are a 1 es that are already up,
Those fences are those that are not in complia e with the current ' ing :.: d ordinance. Our
recommendation is to be consistent with what s Di-r boards are domg,0� at o per communities are doing.
We have an analysis that we prepared cif at D.!' County does a s d other cities in the surrounding area.
It's our recommendation is that wegcrea a e het!, _:¥ o 6 feet,pr1 ded that the height is in provide that
it is decorative in nature. Me .: Burke as ' d f we . t 3 r`i am link and decorative fences, and if
so what about wood fences? s tt awn replied that I ecorative' n -s which would include a wood fence.
a '11tt
Brown asked Lee if the i s w: lasted said ' any fence that was not chain link would be
decorative. Those plt t i panel o ;.;- iron or wool (particularly the ones that are ornamental top of
the crest is the top o ��e height on the . .e not the lower part. Burke said what he's speaking of is the
wood fence they put i bac,',the pre ety so you can't see what's going on. Brown said that we
didn't look i t 4.. opa_' �.D. fences in t e front yard. You could have a decorative fence like a rod
iron or .l pic ce, s.g - ing you can see in the front of the building, without obstruction.
Maybe can tailor t gua only apply to decorative fences you could see throughout the
buildin. 1'ight now we're ing toff x the issue to allow folks to have decorative fences. Possibly add
to the lank'`. •e that would ow a wooden privacy fence at 6 feet in height in the front yard. Guerrero
replied that I' rvey was l ly the front of the property. Lee replied yes, on the street side of the
property. Guerr ti a• �, ' : se six foot wood fences would not be right. He said he could see the rod
r
iron but 4 feet woul. - "oo small. He believed the change would be necessary. Brown asked if there
was any draft language yet. Lee said no and there were no recommendations as of yet. Our tasks was to
signature put in that fences, higher fences, as opposed to right now, in the front yard. Sometimes people
are talking about keeping their pets in, or keep people out of their yard or whatever else. The
recommendation is for safety sake, we are looking to the council for guidance on how you'd like to
approach it. Brown said that we're just discussing this issue. We recommend that the height of the
fences in the front yard be allowed to go up to 6 feet in height, as long as they are decorative.NO fence
shall be erected that will obscure the view of the public right away, you can't see through the fence
Planning Council Minutes
2/12/2013
Page 3 of 5
clearly the front of the building. It wouldn't be one that we could allow. Attorney Calhoun said that the
purpose of this item tonight is just for discussion. I'm assuming we are going to draft something and bring
it back to this board for them to consider and vote on. So we are capturing what they are suggesting, and
that recommendation is made clearly to the commission. Brown said that we actually want the height
increased to 5 feet as long as its decorative fence, 6 feet in height in the back yard. Burke said that if we
did it tonight,then I wanted to put a wooden fence,we've already agreed on it and we haven't included
the changes yet. He noted that it would still have to go before the Commission. Lee said that with your
recommendation we are going to work with the City Attorney's office to make the changes exactly how
you'd like. We want clearance for that height. Height is the issue what people are concerned about. You
are the experts on that, to tell us if their other things that need to be conside' _Our suggestion is 6 foot
rod iron, decorative something in sort. We work on the language and it will r ect your suggestions will
reflect that. Burke said the last time it came before us,we were with chain ink fences. Were not
there anymore are we? Brown said I think you are talking about � ; we proposed the tuffa o he
barbed wire for the chain link fence. Remember a while pack. The'last tint me lie rus, we were
talking about doing away with chain link and discussed bout decorative fen ..i�� ,font. Lee said that
what is was. They wanted to do more than 4 foot . :F ce said could you ,, _'back what they requested
1; „
before for the board,because they did it before �� ime. The''l 'lady ar': ommendation before. Let's
bring that back and look at that. Let's table it f'the next planning'4 nci ,eeting. Guerrero said the
language has changes. Because a chain ink yotil a see through it. Boo said we'll work the City
attorney's office and get specific language?we nee • adopt,whichEwill include the height maximum for
front yard fences, and the type of erialsiwe will'. i N of allow �ch will be the wooden opaque fence,
or anything that obscures the v.-Siiiii. We will' I. •e with �. ,� ' age so the council may review and
make its recommendation. Ai®ia ey Calho sai ,ij st to be c ear,your recommendation is for the RI
and R2 district? Browny said yes l �for 4i'e fam014mes. Attorney Calhoun said we're just talking
about amending tho 1:0b sections 0, Brown replied yes. Burke stated that we'll bring it back
for discussion and th we'll table rt At oreu Calhoun said that we will defer it to the next meeting.
STAFF UPDATE , \�1 1 l d1111111/' ii ilil
Brown �+!rmed the moo that €� •LCDC will be attending the next Planning Council Meeting. They
will prey t the"Vision3 t 1.1 Co i ensive Plan". The city received a$1 million dollar Challenge
Grant and OLCDC would show how some of the funds would be spent through the Vision 2030 Plan.ow
VI ADJOURNMENT jj 3i ie
11 8 q3 1aiiiltia
Alvin Burke motioned adjourn and Member Odom seconded the motion.
Meeting adjourned at 7:208pm.
Planning Council Minutes
2/12/2013
Page 4 of 5
Submitted by Nyarai Mehlomakulu
Recording Secretary
ATTEST: d'47; ei„),,,,(//
,„,,„
Mr. Calvin Russell
Ili,,
Planning Council Chairman Ifl!;i,Iil`@ i 0 ll,t,i3 l ��
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1111 illleliii it illl I!I Si 01 Planning Council Minutes
2/12/2013
Page 5 of 5
•
Kathy Phillips
From: Gerald J. Lee
Sent: Monday, April 01, 2013 5:59 PM
To: Kathy Phillips; Kelvin L. Baker; David Chiverton
Cc: Howard Brown
Subject: FW: Agenda Item-Fence Height
Attachments: PC Mfg Min 022211 and 030111.pdf; PCminutes 03 05 13 final.doc; 04-April 27, 2011.pdf; Aenda
Cover-Fence Ht Standards 3-19-13.doc; Agenda Item - Fence Stds 3-19-13.doc; ARTICLE 6.1
R-1 Zone.doc; ARTICLE 6.2 R-2 Zone.doc; Fence Height Survey-update.docx; Fence Ordinance
-3-29-13.docx; Official Minutes021213.pdf
Ms. Phillips:
Attached is the agenda item, agenda cover and all of the supporting documents for this item to be presented at the next city
commission meeting. Please let me know of any changes deemed necessary in preparation for this hearing. Thank you for
your assistance in this matter.
Sincerely,
Gerald J. Lee,City Planner
Planning&Community Development Dept.
OPA-TISHA-WOCKA-LOCKA
•
The', Ear CITY
780 Fisherman Street I Opa-locka, FL 33054
C:305-807-8545
P:305 953-2868 X-1502
F:305-953-3060
glee@opalockafl.gov
www.opalockafl.gov
Under Florida law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public-records request,do not send electronic mail
to this entity.Instead,contact this office by phone or in writing.
From: Howard Brown
Sent: Friday, March 29, 2013 4:10 PM
To: Gerald J. Lee
Subject: Fw: Agenda Item-Fence Height
Fyi
From: Gerald J. Lee
To: Howard Brown; Elbert Waters and Company
Cc: cdp temp
1
WHEREAS, it has been determined that it is in the best interest of the residents
to amend the City's Land Development Code to allow for decorative fences at a
maximum height of 6 feet in certain residential districts.
NOW, THEREFORE, be it ordained by the City Commission of the City of Opa
Locka, Florida, that:
Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of the Ordinance upon
adoption hereof.
Section 2 Definition of Decorative Fence: all fences that are of wrought itton or
aluminum picket conaction, and which excludes fences of chain link construction shall
be deemed as decorative fencing, subject to the review and approval of the Director of the
Department of Planning and Zoning. Additionally decorative fencing shall be subject to
color approval by the Director of the Department of Planning and Zoning. Decorative
Vices may e painted.
Section 3. Paragraph H. Other, of Section 6.1 R-1 Single Family Residential
District is hereby amended to read as follows:
"Decorative Walls/fencing may not exceed /1' 0" 6'-0" along the front or side
street property line, or along the front setback access. They must be transparent and not
obscure the front building elevation, and shall not exceed 6'-0" along the remaining
portions of the property. in other areas."
Section 4. The remainder of Section 6.1 not specifically amended herein shall
remain in full force and effect as adopted and existing in the City's Code.
GM:12177218:2
2
Section 5. Paragraph H. Other Requirements, of Section 6.2 R-2 Family
(Duplex) Residential District is hereby amended to read as follows:
"Decorative Walls/fencing may not exceed 11' 0" 6'-0" along the front or side
street property line, or along the front setback access. They must be transparent and not
obscure the front building elevation, and shall not exceed 6'-0" along the remaining
portions of the property. in other areas."
Section 6. The remainder of Section 6.2 not specifically amended herein shall
remain in full force and effect as adopted and existing in the City's Code.
Section 7. If any clause, section, or other part or application of this Ordinance is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in
application, it shall not affect the validity of the remaining portions or applications of this
Ordinance.
Section 8. All ordinances or resolutions or parts of ordinances or resolutions in
conflict herewith, are hereby repealed.
Section 9. This Ordinance shall become effective immediately upon passage.
PASSED FIRST READING, this day of , 2012.
PASSED SECOND READING, this day of , 2012.
Sealed and delivered in CITY OF OPA LOCKA
the presence of:
By:
GM:12177218:2
3
, Mayor
ATTEST:
, City Clerk
I HEREBY CERTIFY that I have
approved this Ordinance as to form.
, City Attorney
GM:12177218:2
4