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05-14-2020 Special Commission Meeting AgendaCiti Commission :Enid Weisman, Mayor Gladys Mezralni, Vice Mayor Denise Landman, Commissioner Dr. Linda Marks, Commissioner Marc Narotsky, Commissioner Robert Shelley, Commissioner Howard Weinberg, Commissioner Citi Manager Ronald J. Wasson City Clerk ]Elllisa L. Horvath, MMC City Attomey Weiss Scrota Hellman Cole & Bierman SPECIAL CITY COMMISSION MEETING AGENDA May 14, 2020 9:00 a.m. Via Virtual Communications Media Technology This meeting shall be held in accordance with the Governor's Executive Order 2020-69, extended through Section 6 of Executive Order 20-112. Because of COVID-19, and the need to ensure the public health, safety and welfare, this meeting will be conducted remotely via Zoom. Due to the on-going state of emergency and the recommendations from all public health authorities, the City of Aventura recommends that all persons view and participate in the meeting through electronic means. Members of the public wishing to access the meeting, please do so as follows: Join the Zoom Meeting from your computer, tablet, or smartphone at- Zoorn.us/join Meeting ID: 846 0441 9776 You can also dial in using your phone to the any of the following numbers: +1 312 626 6799 US (Chicago) +1 929 205 6099 US (New York) +1 346 248 7799 US (Houston) +1 669 900 6833 US (San Jose) +1 253 215 8782 US +1 301 715 8592 US Meeting ID: 846 0441 9776 Members of the public will be able to provide comments via audio when directed by the Mayor to do so. Please tap the screen on your cellphone or tablet, or move your mouse on your computer, to view an option to raise your hand. Tap or click on the "raise hand" icon displayed to raise your hand to speak. Callers must press *9 to raise your hand to speak. The City Clerk will notify the Mayor there are public comments and will notify you when it is your turn to speak by turning your microphone on. Speakers will be provided three minutes to provide comments. Comments can also be provided via email to the City Clerk at cityclerk@cityofaventura.com by 8:00 a.m. on the date of the meeting. Comments received will be read into the record and are limited to three minutes. Please list the item you are providing a comment for in your email. City Cornrnission Enid Weisman, Mayor Gladys Mezrahi, Vice Mayor Demise Landman, Commissioner Dr. Linda Marlys, Commissioner Marc Narotsky, Commissioner Robert Shelley, Commissioner Howard Weinberg, Commissioner City Manager Ronald J. Wasson City Clerk ]Ellisa L. Horvath, MIMIC City Attorney Weiss Scrota Hellmann Cole & Bierman SPECIAL CITY COMMISSION MEETING AGENDA May 14, 2020 9:00 a.m. Via Virtual Communications Media Technology 1. CALL TO ORDER\ROLL CALL 2. REQUEST FOR A MOTION TO RECONSIDER THE SELECTION OF THE VICE MAYOR, AND IF THE MOTION IS ADOPTED, CONSIDERATION OF A NEW MOTION TO SELECT A VICE MAYOR. 3. ZONING HEARINGS — QUASI-JUDICIAL PUBLIC HEARINGS: Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. All public comments shall be made pursuant to the modified quasi-judicial virtual meeting procedures. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on their behalf Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the virtual meeting quasi-judicial procedures may be obtained from the Clerk. RESOLUTIONS/PUBLIC HEARINGS: A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA MODIFYING THE APPROVAL GRANTED THROUGH RESOLUTION NO. 2014-53, TO INSTALL LED CHANGEABLE COPY PANELS ON THE EASTERLY FACE OF THE COMMERCIAL ADVERTISING SIGN LOCATED AT THE SOUTHWEST CORNER OF BISCAYNE BOULEVARD AND NE 203 STREET (IVES DAIRY ROAD) AND TO EXTEND THE EXPIRY DATE OF THE VARIANCE APPROVAL FROM JANUARY 6, 2020 TO JANUARY 6, 2030, ON PROPERTY DESCRIBED IN EXHIBIT "A"; AND PROVIDING FOR AN EFFECTIVE DATE. B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-193(e)(1) OF THE CITY CODE FOR ALTERATION OF A LEGAL NON -CONFORMING COMMERCIAL ADVERTISING SIGN TO INSTALL LED CHANGEABLE COPY PANELS ON THE EASTERLY FACE OF THE SIGN LOCATED ON THE WEST SIDE OF BISCAYNE BOULVARD AT ITS INTERSECTION WITH THE WILLIAM LEHMAN CAUSEWAY; AND PROVIDING FOR AN EFFECTIVE DATE. Aventura City Commission Special Meeting Agenda May 14, 2020 4. RESOLUTIONS/PUBLIC HEARINGS: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING SECOND AMENDMENT TO AGREEMENTS (THE "AGREEMENT") CONCERNING COMMERCIAL ADVERTISING SIGNS BETWEEN THE CITY OF AVENTURA AND CLEAR CHANNEL OUTDOORS, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE AND TO TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. 5. CITY COMMISSION, IN ITS CAPACITY AS THE AVENTURA CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS: MOTION APPROVING THE AVENTURA CITY OF EXCELLENCE SCHOOL (ACES) 2020-2021 SCHOOL YEAR CALENDAR 6. CITY COMMISSION, IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL: MOTION APPROVING THE DON SOFFER AVENTURA HIGH SCHOOL (DSAHS) 2020-2021 SCHOOL YEAR CALENDAR 7. ORDINANCE — FIRST READING/PUBLIC HEARING: CITY COMMISSION, IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2019-09, WHICH ORDINANCE ADOPTED THE DON SOFFER AVENTURA HIGH SCHOOL BUDGET FUND 191 FOR FISCAL YEAR 2019/2020 (JULY 1 — JUNE 30) BY REVISING THE 2019/2020 FISCAL YEAR BUDGET DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. 8. ADJOURNMENT This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, (305) 466-8901 or cityclerk@cityofaventura.com, not later than two days prior to such proceedings. One or more members of the City of Aventura Advisory Boards may participate in the meeting. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items are available online at cityofaventura.com for viewing and printing, or may be requested through the Office of the City Clerk at (305) 466-8901 or cityclerk@cityofaventura.com. Page 2 of 2 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager BY: Joanne Carr, AICP Community Development Director DATE: May 8, 2020 SUBJECT: Request of Clear Channel Outdoor Revision to the variance approval granted through Resolution No. 2014- 53 relating to the commercial advertising sign at NE 203 Street and Biscayne Boulevard (VAR1911-0001) May 14, 2020 Special City Commission Meeting Agenda Item 3A RECOMMENDATION It is recommended that the City Commission approve the requested revision to the variance approval granted through Resolution No. 2014-53 to install LED changeable copy panels on the easterly faces of the commercial advertising sign and to extend the expiry date of the variance approval from January 6, 2020 to January 6, 2030, upon the following conditions: 1. As proffered by the applicant: i) the westerly face of the upgraded billboard, which is visible to Ives Dairy Road, will remain as static advertising, and ii) the applicant will remove, within fifteen (15) days of receiving all necessary governmental permits for the upgraded sign, the existing, two panel trivision poster commercial advertising sign on the west side of Biscayne Boulevard at the intersection with NE 195 Street, and iii) the applicant will provide an illumination chart, photometric report and proof of brightness report for the LED panels. The illumination level will be dimmed at night, through dimming software, if it is determined by the City Manager to cause a light disturbance to adjacent residential development, and iv) the applicant will install an ambient light sensor and secondary backup to ensure illumination levels are not more than 0.3 foot candles above changing light levels throughout the day, measured based on distance (feet) from the source, and v) the changeable copy will change no faster than 8 seconds per message, and vi) there will be no animation on the LED changeable copy panel messages, other than an 8 second flip, to minimize distraction to drivers, and vii) the applicant will post, at the City Manager's request, emergency messages and, on a space available basis and as mutually agreed, City event announcements on the LED changeable copy panels, and viii) the current prohibition will remain on the advertisement of alcoholic beverages, tobacco products, pari-mutuel gaming, casino or slot machine gambling, adult entertainment uses or any use that is reasonably objectionable, as determined by the City Manager. 2. That the applicant record, at its expense and in a form satisfactory to the City Manager and the City Attorney, a modification to the covenant recorded pursuant to Resolution No. 2014-53 to include all proffered conditions and to extend the expiry date from January 6, 2020 to January 6, 2030. 3. That all conditions of Resolution No. 2003-06, Resolution No. 2005-70, Resolution No. 2007-23 and Resolution No. 2014-53 which are not revised through this approval shall remain the same and in full force and effect. THE REQUEST The applicant, Clear Channel Outdoor, is requesting modification to the variance approval granted through Resolution No. 2014-53 to install LED changeable copy panels on the easterly faces of the commercial advertising sign and to extend the expiry date of the variance approval from January 6, 2020 to January 6, 2030. A location plan is attached as Exhibit #1 to this staff report. A layout of the four existing Clear Channel signs on Biscayne Boulevard, a picture of the sign subject of this report and a rendering of the proposed LED panels are attached as Exhibits #2, #3 and #4. BACKGROUND Clear Channel Outdoor has four legal, non -conforming commercial advertising signs on the west side of Biscayne Boulevard as shown on Exhibit #2 to this report. On January 7, 2003, the applicant was granted variance approval through Resolution No. 2003-06 to modify the existing commercial advertising sign at the southwest corner oil of NE 203 Street and Biscayne Boulevard and to elevate the sign to an overall height of 55 feet. The variance was based on the applicant removing two other existing billboards located in the City and agreeing not to install any more billboards. The billboard was to be removed by January 6, 2015. The 2003 resolution provided that the entire rear (west) side of the billboard was to be "blacked out" except that a "Welcome to the City of Aventura" sign may be erected on this side of the sign at the City's option. In September of 2005, the applicant requested use of the southern -most panel of the rear (west) face of the sign. The applicant entered into an amended agreement with the City by which the applicant agreed to dedicate and pay to the City at least fifty (50%) percent of all net revenue received from the use of the southern most panel of the billboard back for commercial advertising purposes, payable in monthly installments to be utilized by the City for operational or capital expenses of the City of Excellence Charter Schools. The agreement was approved by the City Commission through Resolution No. 2005-39 on September 6, 2005. The applicant agreed that the billboard back would not be used for advertising that includes or refers to alcoholic beverages, tobacco products, pari-mutuel gaming, adult entertainment uses or any use that is reasonably objectionable to the City. The northern most panel was reserved for the "Welcome to the City of Aventura" sign. The agreement expressly recognized that further revision to the requirements concerning use of the billboard back may be subsequently authorized by the City Commission and provided that the agreement would be effective only in the event the City Commission granted the requested modification of the condition in accordance with the pertinent variance condition modification criteria in Section 31-76 of the City Code and the quasi-judicial procedures of the City. In accordance with the modification criteria and quasi-judicial procedures of the City, the requested modification was approved through Resolution No. 2005-70. In April of 2007, the applicant requested revision to the previous variance approvals to allow use of the entire rear (west) face of the sign for commercial advertising purposes. It entered into a further agreement with the City which provided that one-half of the net revenue derived from the placement or sale of advertising, in an amount not less than $150,000 of annual revenue received by the applicant from the billboard back be paid to the City, for the City's use for any City purposes as determined by the City Manager. The agreement contains restrictions similar to the 2005 agreement concerning the type of advertising. The agreement was approved by the City Commission on April 10, 2007 through Resolution No. 2007-20 with the condition that it be effective only in the event the City Commission grants the requested variance revision application. In accordance with the variance modification criteria in Section 31-76 of the City Code and in accordance with the quasi-judicial procedures of the City, the variance revision was approved by the City Commission on May 1, 2007 through Resolution No. 2007- 23. In October of 2014, the applicant requested an extension of the variance approval expiry date for a further five years; from January 6, 2015 to January 6, 2020. This request was approved through Resolution No. 2014-53. The terms and conditions of 3 the existing agreement dated April 10, 2007 between the City and Clear Channel Outdoor Inc. were confirmed to remain in effect. ANALYSIS OF THE REQUEST: The applicant is requesting a revision to the variance approval originally granted through Resolution No. 2003-06 and amended through Resolutions Nos. 2005-70, 2007-23 and 2014-53. This revision request is to permit installation of LED changeable copy panels on the two existing easterly facing panels of the commercial advertising sign. As part of this request, the applicant has proffered to remove the existing trivision poster billboard on the west side of Biscayne Boulevard at NE 195 Street, as shown on Exhibit #2 to this staff report. Section 31-76(f) of the City's Land Development Regulations provides that the City Commission may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards of review and to prevent or minimize adverse effects on other property in the neighborhood. The standards of review for variances for the elevated commercial advertising sign were demonstrated to be satisfied by the original approval Resolution No. 2003-06. The applicant has fulfilled the conditions of that resolution. It has also fulfilled the conditions as amended by subsequent revisions approved through Resolutions No. 2005-70, 2007-23 and No. 2014-53. Further conditions are proffered by the applicant through this revision request to ensure continued compliance with the standards of review. Public Notice - This variance revision application has been advertised in accordance with Section 31-71 of the City Code. As of the date of writing of this report, no public comments have been received. In HROWARD COUP DADS COUNTY !� 1A' 6 �°Gulfstream —'`' ■ �''6'fll"e {d"F 64{� 4�b'r� V7� Park Yn HT B DR. ■ 1 MARINA ■ Arentla'o HARBOR COVE Naspitnl jam_ WAY CIRCLE ■ A Medic•ul m� uj p.Y ■ Center Q I MA %t4 IVES DAIRY RD. •e 0 F-20 ; W �■ X �■ 0 �■ 3 �■ MIAMI �• GARDENS DR. '• .s :r wt :q 4040 V WW > The N 205 Pr Subject Site N AVENTURA d`-'" Fire if Rescue Aventura Station Library Aventura Mall City of Aventura Government Cen 192 ST. m D J U z D O U Waterways ■ Shoppes 207 ST. ■ � COUNTRY CLU.. B DR. O CTF(J,� � r•9 Turnberry Isle Resort & Club /1 L- \<C> � 1 Q i 90 MYS Loehmann's - • Fashion W • Island ¢ • N 188 ST. a 33180 ;• ............................ .._._._.-•33 60; • 183 ST. Du►Noundling R Bay• Little m 7 Williams • Maule Loa �N Sound • Lake • 0 �P a ��a.r•p.�p� J n Ci J to t-il • r.InMi#08 X0■.... 8.■; LEGEND AALN Exhibit 1 VAR 1911-0001 Atkustic Ocean Roadways ■ . . ■ . • City Boundary —. — • — ZIP Code Boundary •.......... Railroad Sign to be upgraded with LED panels on Faces 1 & 2 Sign to be removed NE 203 Street —A V V V to ao ao mn f* N L Exhibit 2 VAR 1911-•0001 Clear Channel Sign Biscayne @ NE 203 Street �L 0 2020Griogle .fount Sinai � Steve Xydas, MD f �, �i09z9G ca C,.+:AecHnNnFU 4 Ak d w I F _ - Legend r r US Hwy 1 west side 150 feet south of NE 203rd St APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31-71(b)(2)(i) of the City of Aventura Land Development Code, this Applicant. Representative Affidavit is hereby made .and submitted, The undersigned authored representative of the individual or enfity applying for the Development Permit, which is identified in the accompanying application, and: the owner of the pfoperty,subject to the application (if different) hereby lis and identihes all persons representing the individual or entity applying for the Development Permit in connection with the application, as follows; Name Relationship re,,AO preys; Architects, Landscape Architects, Engineers, Lobbyists, ;Etc:}; J.� �� �- �n•�s c� .��l�.r ,���.�- Civ (Attach Additional Sheets If Necessary) NOTICE ANY STATEMENT OR REPRESENTATION MADE'BY.ANY PERSON LISTED OA THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BF BINDING UPON THE INQIVIDUAL 0R ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBIECT PROPERT`l. Al°PLICI S` AND AFIANTT ARE .ADVISED TQ TIMELY SUPPLEMENT THIS AMDAViT PURSUANTTO SEC. 31J1(B)(2jKI.OF THE .CITY'S:LAND DEVELOPMENT REGULATIONS IN.THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION DF THE APPLICATION BY THE. CITY BOARD OR COMMISSION, THE ueoRMA-MN PROVIDED IN THE AFFIDAVIT BECOIWES INCORRE& OR INCOMPLETE.. WITNESS MY HAND TFff,S DAY:OF AUTHOR12ED F7fPRESENTkTyE OF ANT: Br —. Name: n As --� �►.✓SO AJ Title: / 2 n(; -s rl V 11v i S'v aJ Address: 6100 /VIAJ 11 I! .-" ; rel 3144 STATE OF FLORIDA ) COUNTY OF MIAMI -DARE) E00i- „ OWNER, 15��J Name rte:. Address; Before. me the undersigned authority, personally appeared —1A 60' JUL/ S 0-� as the authorized representative of the ApplidAnt. andior the owner of the property subject.. to the application, who being first by me duly sworn, 4d swear that. he/she exE;cuted this .Af' davit for the pulposes stated therein and that 0:i[s true and correct NT SWORN TO AND SUBSCRIBED .BEFORE ME this k day of Z v / Notary Public State of Florida At Large Printed Name of Notary -'G e q 4,0 My•commission expires- 3 -;&* JOSIE GENCO ie Notary Public • State of FlorjdCommission # GG 01380p - My Comm. Expires Nov 13, 2 °;; :°O Bonded through National Notary BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with 'X" applicable portions only) W/1 Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ ] 2 Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or City Advisory Board.to which the application will be presented, as follows: (List name of Commissioner. or Advisory Board Member) who serves on the (List City Commission or City Advisory Board.upon which member serves), The nature of the Business Relationship. is_asfollows: [] is :Member of City Commission or -Board holds an ownership interest in excess of I% of total assets lor capital stock :of Applicant or Representative; [] ii. Member :of City Commission or Board is a partner, co -shareholder (as to. shares of a corporation which are not listed on any national :or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; []'iii. The Applicant or Representative is .a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the- same employer as the member of the City Commission or Board;. [j iv: A City` Commissioner or Board member is. a Client of the -Applicant or Representalive, [:] v, The Applicant or:Representative is a Customer of themember of'the :City Commission or Board (or of his or her employer) and transacts.more than $10.000.00 of the business of the member of the City Commission or Board (or his or her empto:.yer):in a given. calendar year, [] vi. The member of .the City Commission or Boardis a Customer of the.Applicant or Representative and transacts more than .$25,000.00 of the business of the Applicant or Representative in a given_calendar year.. WITNESS MY HAND THIS. 4 DAY OF OCA261- APPLICANT: B . (SignalureJ N s R i e P*10 T' 61,0,411PAO R4 soil WITNESS MY HANOTHI.S 7 DAY OF 06/b 4.U& ,_W_. PROPERTY OWNER: By: (signature) 'The ie= Business Relationship,' "Client,' Customer,' 'Applicant.' 'Representative' and Interested Person' are defined in Section 2-395 ofthe Avenlura City Code. WITNESS MY HAND THIS K BAY OF d L�j �s .cit -213 . o2al REPRESENTATIVE (listed oness Relationship Affidavit) •r/ b!v•S By:. Title: % .P 'VF/ 45 MAfA (Print) By: (Signature) By: Name: (Prim .Title: (Prin�1 By: (Signature) Title: (Prvr1 Title: (Pring By . (Signature) By: Title:. (Pring Title; (Prin�1 By- (Signature Name: (Print) Title: IPrint) By: (Signature By: Name: (Print) Title: (Prrnr) By, (Signature. Name: (Printf Tue.- (Print) By: . (Signature By: r�►e: (Pmt) Title, (PbO Or (Signature By: .Title: (Prim Tale: (Print) By, (Signature) By: {Signature Tule:. (Print) Title: (Prlril) Title: Title: (Print NOTE: 1) Use 4uplicate sheets if disclosure. information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to .Sec. 31-71(b)(2)(iv) of the City -'s Land Development Regulations in the- City Code, in the event that prior to consideration of the application by the City Board or Commission,the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF,FLORIDA I COUNTY OF MIAMI-DADE), Before me, the undersigned authority, personally appeared JAS 41t I L -4a e Affiant; who being first by me duly sworn, did swear or affirm that.helshe executed this Affidavit for the purposes stated therein and that it is true and correcE .SWORN TO AND -SUBSCRIBED. before me this oayfA*4-- myo /f 'flotary ilbOCSidle of Fbfida At Uqe, Printed[ Name of. Notary: Mycommisslon.expires: STATE xnomm I COUNTY OF MIAMI -DARE) Before me, he undecsigOed authority, pasonfli y appeared the A a sworm did swear of aflinn'that helsbe executed this Affidavit for the purposesstated1herein and thatl is:twe and correct \j SWORN TOAND SUBSCRIBER b6fora me this Y iiy.qfQ2�0_4* M--)Ol'f Notary,..,. rc State of daAt�arge; Printed Name of.Notary* My commission expires. STATE OF FLORIDA ') COUNTY OF MIAMI DADEJ Before me, the undqrsigneo authority, personally appeared. :`the Affiant, who being ksi by me duly swam, did swear or a.f.firm.1al heisbe executed this AffibvitJor 1.he.purp.oses.ftqd therein and1hatilis true and cornea AFFIANT SWORN TGAND SUBSCRtBED'before me.this day of 20CL- P-Onted-Name of Notary My commission expires:_ 5TATEDFFLOAIDA COUNTY OF MIAMI -RADE) Before.me, the undersigned authority, pefsonially appeared the Affian4 who being hrst*by me duly sworn, did swear or affirrrr that halshe executed thisAffidavit for thepurpopes stated therein_ and that it is true and correct SWORN TO.AND-SUBSCRIBED before ft this I day*f. 200- AFFIANT .y Pub fic:Sla df Printed Name of Notary My commission expires:_ RESOLUTION NO. 2020- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA MODIFYING THE APPROVAL GRANTED THROUGH RESOLUTION NO. 2014-53, TO INSTALL LED CHANGEABLE COPY PANELS ON THE EASTERLY FACE OF THE COMMERCIAL ADVERTISING SIGN LOCATED AT THE SOUTHWEST CORNER OF BISCAYNE BOULEVARD AND NE 203 STREET (IVES DAIRY ROAD) AND TO EXTEND THE EXPIRY DATE OF THE VARIANCE APPROVAL FROM JANUARY 6, 2020 TO JANUARY 6, 2030, ON PROPERTY DESCRIBED IN EXHIBIT "A"; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, Clear Channel Outdoor Inc., was granted variance approval by Resolution No. 2003-06 adopted by the City Commission of the City of Aventura on January 7, 2003 to modify a commercial advertising sign, subject to certain conditions contained in the Resolution; and WHEREAS, the applicant was granted a modification of Condition 1) of Resolution No. 2003-06, through Resolution No. 2005-70, to permit commercial advertising on the southern most panel of the rear (west) face of the sign, where the condition of Resolution No. 2003-06 provided that no advertising other than a "Welcome to the City of Aventura" sign may be placed on the rear face of the sign; and WHEREAS, the applicant was granted a modification of Condition 2. of Resolution No. 2005-70, through Resolution No. 2007-23, to permit commercial advertising on the entire rear (west) face of the sign; and WHEREAS, the applicant was granted a modification to Condition 5) of Resolution No. 2003-06, through Resolution No. 2014-53 to extend the expiry date of the variance approval from January 6, 2015 to January 6, 2020; and WHEREAS, the applicant now seeks to modify and extend the variance as described in Application VAR1911-0001 and the attached staff report; and WHEREAS, following proper notice, the City Commission has held a public hearing, as provided by law; and City of Aventura Resolution No. 2020 - WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The applicant's request to install LED changeable copy panels on the easterly face of the commercial advertising sign and to extend the expiry date of the variance approval from January 6, 2020 to January 6, 2030 on property legally described in Exhibit "A" to this Resolution, is hereby approved subject to the following conditions: 1. As proffered by the applicant: i) the westerly face of the upgraded billboard, which is visible to Ives Dairy Road, will remain as static advertising, and ii) the applicant will remove, within fifteen (15) days of receiving all necessary governmental permits for the upgraded sign, the existing, two panel trivision poster commercial advertising sign on the west side of Biscayne Boulevard at the intersection with NE 195 Street, and iii) the applicant will provide an illumination chart, photometric report and proof of brightness report for the LED panels. The illumination level will be dimmed at night, through dimming software, if it is determined by the City Manager to cause a light disturbance to adjacent residential development, and iv) the applicant will install an ambient light sensor and secondary backup to ensure illumination levels are not more than 0.3 foot candles above changing light levels throughout the day, measured based on distance (feet) from the source, and v) the changeable copy will change no faster than 8 seconds per message, and vi) there will be no animation on the LED changeable copy panel messages, other than an 8 second flip, to minimize distraction to drivers, and vii) the applicant will post, at the City Manager's request, emergency messages and, on a space available basis and as mutually agreed, City event announcements on the LED changeable copy panels, and viii) the current prohibition will remain on the advertisement of alcoholic beverages, tobacco products, pari-mutuel gaming, casino or slot machine gambling, adult entertainment uses or any use that is reasonably objectionable, as determined by the City Manager. Page 2 of 5 City of Aventura Resolution No. 2020- 2. That the applicant record, at its expense and in a form satisfactory to the City Manager and the City Attorney, a modification to the covenant recorded pursuant to Resolution No. 2014-53 to include all proffered conditions and to extend the expiry date from January 6, 2020 to January 6, 2030. 3. That all conditions of Resolution No. 2003-06, Resolution No. 2005-70, Resolution No. 2007-23 and Resolution No. 2014-53 which are not revised through this approval shall remain the same and in full force and effect. Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. This Resolution shall become effective immediately upon its adoption. Section 4. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Gladys Mezrahi Mayor Enid Weisman Page 3 of 5 City of Aventura Resolution No. 2020 - PASSED AND ADOPTED this 14th day of May, 2020. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of May, 2020. City Clerk Page 4 of 5 City of Aventura Resolution No. 2020- 10i117tUTIVi Legal Description of Lands The Florida East Coast Railway right of way lying in a portion of Section 35, Township 51 South, Range 42 East, commencing at the southwest corner of the southwest 1/4 of Section 35, thence N 87 degrees E, 598.23 feet, thence N 02 degrees W, 820.57 feet, thence N 87 degrees E, 100 feet to the point of beginning. Thence N 02 degrees W, 140.18 feet southeasterly and 311.84 feet, thence S 02 degrees E 200 feet southeasterly and 313.20 feet; thence S 02 degrees E, 400 feet southeasterly and 154.21 feet, thence S 00 degrees E 109.51 feet southeasterly City of Aventura, Miami -Dade County, Florida Page 5 of 5 CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager BY: Joanne Carr, AICP Community Development Director DATE: May 8, 2020 SUBJECT: Request of Clear Channel Outdoor Inc. for Variance from Section 31- 193(e)(1) of the City's Land Development Regulations to allow alteration of a legally non -conforming commercial advertising sign located on the west side of Biscayne Boulevard at the intersection with William Lehman Causeway (VAR2004-0001) May 14, 2020 Special City Commission Meeting Agenda Item 313 RECOMMENDATION It is recommended that the City Commission approve the request for variance to allow installation of LED changeable copy panels on the easterly faces of a legally non- conforming commercial advertising sign on the west side of Biscayne Boulevard at the intersection with William Lehman Causeway, upon the following conditions: 1. Plans submitted for permitting shall comply with the renderings of the LED changeable copy panels attached as Exhibit #1 to this report. 2. As proffered by the applicant: i) The applicant will remove, within fifteen (15) days of receiving all necessary governmental permits for the upgraded sign, the existing, two panel trivision poster commercial advertising sign on the west side of Biscayne Boulevard at the intersection with NE 195 Street, and ii) The applicant will construct a decorative sign support structure, in design agreed upon by the applicant and the City Manager. iii) The applicant will provide an illumination chart, photometric report and proof of brightness report for the LED panels. The illumination level will be dimmed at night, through dimming software, if it is determined by the City Manager to cause a light disturbance to adjacent residential development, and iv) The applicant will install an ambient light sensor and secondary backup to ensure illumination levels are not more than 0.3 foot candles above changing light levels throughout the day, measured based on distance (feet) from the source, and v) The changeable copy will change no faster than 8 seconds per message, and vi) There will be no animation on the LED changeable copy panel messages, other than an 8 second flip, to minimize distraction to drivers, and vii) The applicant will post, at the City Manager's request, emergency messages and, on a space available basis and as mutually agreed, City event announcements on the LED changeable copy panels, and viii) There will be no advertisement of alcoholic beverages, tobacco products, pari-mutuel gaming, casino or slot machine gambling, adult entertainment uses or any use that is reasonably objectionable, as determined by the City Manager. ix) The applicant will not object to any existing City landscaping within the FEC and/or FDOT right of way in the area of the sign. Any future landscaping installed by the City will adhere to state statute regulating viewing area, or as mutually agreed between the City and the applicant. x) The applicant will replace any existing City landscaping disturbed by construction of the upgraded sign. xi) The applicant shall not erect any further commercial advertising signs in the City. xii) The applicant will record, at its expense and in a form satisfactory to the City Manager and the City Attorney, a covenant to include all proffered conditions. The form and substance of the covenant shall be as approved by the City Manager and City Attorney. The recorded covenant is required prior to permit issuance. oil THE REQUEST The applicant, Clear Channel Outdoor Inc., is requesting variance approval to alter an existing commercial advertising sign by installing LED changeable copy panels on the easterly faces of the sign, where the City Code provides that no legally non -conforming commercial advertising sign may be moved, altered or replaced. A location plan is attached as Exhibit #1 to this report. A layout of the four existing Clear Channel signs on the west side of Biscayne Boulevard, a picture of the sign subject of this report and a rendering of the proposed LED panels are attached as Exhibits #2, #3 and #4. BACKGROUND APPLICANT Clear Channel Outdoor Inc. OWNER OF PROPERTY Florida East Coast Railway LOCATION OF PROPERTY west side of Biscayne Boulevard at intersection with William Lehman Causeway DESCRIPTION OF LAND Section 3, Township 52 South, Range 42 East, City of Aventura, Florida, lying on US 1 WS 10ft S/O Wm Lehman Causeway F/N-1 and F/N-2 SURROUNDING PROPERTIES 9MEM Subject Property U, Utilities District Property to the North U, Utilities District Property to the East B2, Community Business District Property to the South U, Utilities District Property to the West FEC Railway Tracks Existing Land Use - Subject Property: FEC Railway right of way Property to the North: FEC Railway right of way Property to the South: FEC Railway right of way Property to the East: Office Building and Aventura Mall Property to the West: FEC Railway right of way Future Land Use - According to the City of Aventura Comprehensive Plan, the following properties are currently designated as follows: Subject Property: FEC RR Property to the North: FEC RR 3 Property to the South: FEC RR Property to the East: Business and Office Property to the West: FEC RR The Site — The commercial advertising sign is located on a parcel leased by the applicant from the Florida East Coast Railway, on the west side of Biscayne Boulevard with its intersection with the William Lehman Causeway. A photograph of the existing sign is attached as Exhibit #3. There are two panels, facing northeast and southeast. The northeast panel is changeable copy. The southeast panel is static copy. The Project — The commercial advertising sign on the west side of Biscayne Boulevard at the William Lehman Causeway was constructed in early 1981 on lands leased by the applicant from the Florida East Coast Railway. It has two advertising faces; one older - style trivision poster (changeable copy) panel facing northeast at a height of approximately 35 feet and one static copy panel facing southeast at an approximate height of 25 feet. Due to its age, the supporting structure and the panels need replacement. The applicant wishes to replace the support structure and upgrade the two advertising faces with LED changeable copy panels. The new support structure will be a single monopole wrapped with decorative finish. The LED changeable copy panels will be the same size as the existing signs, that is, 14 feet high by 48 feet wide. The two panels will be installed at the height of 35 feet rather than the staggered existing height. The applicant has requested that this sign be included in the existing agreement with the City for the commercial advertising sign on Biscayne Boulevard at NE 203 Street and has agreed that similar conditions apply to this sign, including provision of an illumination chart, photometric report, proof of brightness report, ambient light sensor to ensure the brightness is consistent with ambient condition, maximum 8 second copy change, posting of emergency and community event announcements, prohibition on types of advertising, agreement not to install any further commercial advertising signs in the City and recording of a covenant containing these conditions. In addition to these conditions, the applicant has also proffered to remove its existing commercial advertising sign on the west side of Biscayne Boulevard at NE 195 Street (across from the north mall entrance drive) within fifteen days of receipt of all necessary governmental approvals for replacement of the subject sign. It has also proffered to include a no -objection condition for any existing City landscaping on the FEC and/or FDOT right of way within 500 feet of the sign and agrees to replace any City landscaping disturbed during construction of the new sign. ANALYSIS Citizen Comments — As of the date of writing of this report, the Community Development Department has received no written citizen comments to date. In Community Development Department Analysis — Criteria - The standards of review for variance requests are found in Section 31- 76(e)(1) through (5) inclusive of the City's Land Development Regulations. The Code states that "a variance shall be granted only where competent and substantial evidence presented in the particular case shows that all of the following [standards of review] are met..." (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The hardship is caused by the need to upgrade a commercial advertising sign that is in legal non -conforming status. The support structure built in 1981 is in need of replacement. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The conditions are unique to this site and would not be generally applicable to other locations. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LDR. The difficulty or hardship is not economic in nature and the difficulty was not deliberately created by the applicant. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The conditions of approval will ensure that the sign is compatible with the adjacent commercial community. The closest high-rise residential development in the City that may have a view of the sign is at a distance of 2,800 feet. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. 5 The variance will not substantially increase traffic congestion or increase the danger of fire or endanger the public safety or substantially diminish or impair property values. Public Notice - This application has been advertised in accordance with Section 31-71 of the City Code. As of the date of writing of this report, no public comments have been received. 0 BROWARD COUNTY ■.■�.o■o.■�a ftl�° DADS COUNTY '! I f 1 0 M W 0 3 MIAMI GARDENS DR. 1, 192 ST. Library �■ The iii 1Lo5 lkstrrum f '• Promenade ° Shops c� /203 IVES DAIRY RD. :� ST. ARBOR J �• a ;B 201 TER. N M W 0 3 MIAMI GARDENS DR. 1, 192 ST. Library bject Site U z mw O YpGIiT Q= i City of Aventura U LUB �J • [Government Center ,, , cwAA i ;a 191 ST. ° 1909 MYSTlC :■ ■ Loehmann's - • ■ Fashion w • r Island Q • ■ rn 188 ST. • • a • 33180 . _. .._.r ._._._._.-.•33 80 183 ST. Dur4oundling i Bay • 1 F • Little 2 5, Williams Biscayne m Sound [arbour 180 ST, LLaakue/e w N oint n i� • Ist -4 • tp T TOP o i • q ■ Maule Lam #• ■ i ' w Exhibit 1 VAR2004-001 192 ST. J m z u1 V,r lam Atlantic ocean WAN WV Roadways ■ ■ ■ ■ ■ • City Boundary — •—.— ZIP Code Boundary --•-------- Railroad 'tom IMVVLsrJ�o --� lkstrrum f r�•{,f1�'A44�64'4rtQ1'Y4�� �� YACH LUB DR. parMARINA • COVE H CIRCLE ° ARBOR W Y ■ a MA lNER A WATERWAYS ■ Waterways Shoppes 207 ST. ■ ■ COUNTRY CLUB DR. ■ ■ � T,q ■ ■ C 0 ■ 71trnberry Isle ■ m Resort & Club ■ • z • �� 3� • O bject Site U z mw O YpGIiT Q= i City of Aventura U LUB �J • [Government Center ,, , cwAA i ;a 191 ST. ° 1909 MYSTlC :■ ■ Loehmann's - • ■ Fashion w • r Island Q • ■ rn 188 ST. • • a • 33180 . _. .._.r ._._._._.-.•33 80 183 ST. Dur4oundling i Bay • 1 F • Little 2 5, Williams Biscayne m Sound [arbour 180 ST, LLaakue/e w N oint n i� • Ist -4 • tp T TOP o i • q ■ Maule Lam #• ■ i ' w Exhibit 1 VAR2004-001 192 ST. J m z u1 V,r lam Atlantic ocean WAN WV Roadways ■ ■ ■ ■ ■ • City Boundary — •—.— ZIP Code Boundary --•-------- Railroad N E 203 Street V V V In 1* W1 N In CO Sign to be removed U1 00 CO In 1* Sign to be upgraded with LED panels on 2 easterly faces CA 1 L Exhibit 2 VAR2004-001 Clear Channel Sign Biscayne @ Lehman Causeway Goagle Ear- FRO :'d.jP Clear Channel Outdoor Upgrade to LED US 1 West side 10 feet south Of William Lehman Causeway Exhibit 4 VAR2004-001 APPLICANT REPRESENTATIVE AFFIDAVIT PasuantID Sedan 31-71(bX41) of the City of Aveftre Land D"vrnerdCatie, thus Applicant Representative Affidavit is hereby mode and subrdW The undersignM authorized repsantefive of the individual or artilly aMWV for Ute Deveopent Permit which is identified in the a=Mpxqj% eMllceband the opener of the pi.cM iy,subf.ecl, to the 4poicalion (11 different) hereby bts,wW Identifies d persons representing the indrvhduetor 6* apoft-for ft Oevelopmd Permit In oDonectlan 4th the aptstion, as Idlaw, Name Relationship 17.0. AMwmyx. AmWedt LendsWe Amhkjecls, EMirmers, LaWylsts, 91c.), (AW kMftd Stash If Necessary) NOTICE: ANY STATE" OR REPRESENTATION MOE'BY ANY PERSON 11STED.ON THE APPLICANT REPRESENTATIVE AFFiDA.WiT SHALL BE BINDING UPON THE 11NIVIDUAL OR ENT" APPLYING FOR THE DEVELOPMENT POW AND THE OWNER OF' THE SUELIECT PROPERTY. APPLICANTS AND AKIANTS ARE ADVISED TO TIMELY S[JPPLEKMT THIS AFFJDAVIT PURSUANT TO SEC. 31-71(E)MMOF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CRY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY'SOARD OR COMMISSION.. THE INFORMATION PROVIDED IN THE AFF10AWT BECOMES IWORRECT-0 INCOMPLETE.. wtTNEssmYHAND *TMS .QkY-OF, — , —2m.. AUTHORIZED NPRESENTAT 0F.6913WANT: -0101ER. NarnAAS &'1—j -j%- TN.. -j Art e...rl ew S "o r 31144 STATE OF FLORIDA COUNTY OF MIAMI -DAM Befixt. me the undersigned aftrily, PorsmsIlY aPP08r0d —.6fA" JAW S 00 as the authdrized mpresentallye d the Ap*ant an0w On ovetor of . fie pMerly viblegi-to Vie W*Wm wN being first by war d* swom, swear woeftin M helstle 0 executed this Affidavit for the puMosessiallec! dwein and ffrat.tl as bVe and correct. :L 'this 'itley of 6 4-AvAelt NT SWORN TO AND SUBSCRIBED BEFORE ME -.20( pu� �" Notary Pmbfic Stale of Florida At Large. PdnW Name of Notary ,J* % lye4 ea My.carnmission expires: !1-13 -!V JOSIE GENCO ;PT%-- Notary public - Stene at Florldda a Commissim # GG 013802 , f my Comm. Expires Nov 13, 2020 Banded through National Notary Assn.. M 0 BUSINESS RELATIONSHIP AFFIDAVIT* This AfAdawl Is ffw:k pumuent to Section 31-71(bXM of the Cky of Awenlura Lend Development Code The wde*ned Aft9 hereby disdoges that (mark *jM'X* appkable Wigs only) A4, Affiant does no have a Business Relaliunship with any member of the Cky Commission or any Cky Advisory Board to wtirh the qVlcWion wUl be presenhd 112. Not hereby discloses Thai. g &I have a Business Relationship with a member ofthe Chy Corr mMion. or a Cky Ad*ory Board 10 Wft the apocallm W be presented as follows: (List name d C;vnmlB&iorw or AJAory Board MwW Who arm on the , (List 01 Cwm*dm or C4 Advisory Board upon which member senw). The nalureafthe BuWess Palationsho ikmfdbws: fll, Amber dChy CommlWon or.Board bolds an ownersh1pinlierest In excess of 1% ofloW asselsw capM sW -i - kApocant or•w" M rnberd 011y Commft" or Surd We partner,,co-Mareholder (sis to. show Qf a corpordion. widch re al a not Rated an any naonal or regional stock exchange) or ON venturer with the Appicart or Repceseniedve In any buslews wentum, W. The Apooanl or Repaeftla6ve s.1 Client of a member of the My Commission or Board or a Client of arxghw pr hWonai wm*q from to seine airceor for the same employer as to member al' ft City toorrimbion or Ii A City C;ommisshwor Bogdownbs is Clot of M-Ap*ant or Repuenww fl.v,. The Appkial or PWpmsw4vM Is. a Cuslow ol ft member * ft -Cly Cornmipsion or Board (or at his or her emlook than $10,000 -of the business oflemember ofthe Oly Cwcbslon OrBDard(or his or her wooW)lhd given Mendarybeg, jjvl The member tithe M Commission ur Board ive Custom of !hejVplw4 or RawasenWe and hAncls more than M.W0.00 $ lhebusinsas of the AWrAM or Representative in"a oventaleniiaryear. 'MTMW MY HAND THS 14 DAY OF QCJ" .9- — the -;-Vi'l r= 4 ^M S (pw TO: paea-M lV0,44W (Prhxj Loll Wnwas MY HAND THIS DAY OFA—A kut--W.. PROPERTY QkEk' Ta diad To team -Wsimw 4%WiwmWa - 110bg 1,11japkatt - 'ftwoft.Ae' and 'hff&Ved Person' are derated as Stern 2395 DFOW Aroma City Cod-- ylaq'9L WITNESS W I MD THIS V DAY OF 05'>t 4 4 .28Q_..2al REPRESENTATIVE (Listed on mess Relationship Affidavit) (Stgnah�J By: (Signature 111, dy F*6 Name: (Pitot) rl !v• L � j Title: (Phn{j Title• !L.� 'cla S &tA (Hint) a. (S J Name: Now (PnrN� Title: (P" Niarwure (sly Title: (PnI�rJ Title ,#W er: 1 r� By: l.�tattxe) i►qe: (Rirxl Title: (P!i't!1 By: (Sirptaun Name: Title: BY (Sgnelti/e. Name: (Ptavrt(f Ttue: rel By. Niarwure Tiger (A 1 By: (SispW,& Title: fAny T41e: rx'ri►tl 00a1" Title: Tide: (PPrin�1 NOTE: 1) Use:duplicale sheets if disclosure, information for Representative varies 2) Applicants and Aunts are advised to timely supplement this Affidavit pursuant to Sec. 31-71(b)(2)(iv) of the City's Land Development Regulations id the. City Code, in the event that prior to consideration of the applitation'by the City Board or Commission; the inftumalion provided in the Affidavit beComes incorrect or Ittcomplete. NOTARimnoN PROVISION STATE OF FLORIDA } COUNTY OF MIAMI-DADE). Before me, the undersigned authority, personally appearedJAS ?1#- 30 La4m4ke Affian( who being first by me duly sworn, did swear or affirm fhat.he/she. executed this Affidavit for the purposes stated therein and [hat it is true and correcC J—AFWNK"Tt":�� .SWORN TO AND SUBSCRIBED before me this � . day of— 2G0_ 5alf Rotary-Pi>b 0leie of Flidda At Large e— 04 It 4in 'Printed Karns of Notary My corrupisslon.expiras: STATE OFFLORIDA ) COUMY OF MIAMI DADE) ,,,, Before me, he undersigned auttioritr, personally appearedar�Se �~ fhe A a Jugo fiat t try me duly swoon did swear of affiim that he/she executed this Affidavit for'the purposes.sleted`therein and th 1 is.true and \�\1\\ SWORN TO AND SUBSCRIBEDbebre me this' Y day.of��,- PBC :701r Printed Name of.Notary I,f My Commission expires: -•,::-� --,AV STATE.OFRORIDA j COUNTY OF MIAMI DARE) Before me, the pndersigned.authority, personally appeared. fhe. Affiant, who being kit by me duly sworn, did swear or affirm_ that he/she executed this Aff idavit.for the purposes.stated therein end'that itis true andborrecL AFFIANT SWORN 70 AND SUBSCRIBED` before me (his. day of 2D13_ Nuxary Public Stalefo►SdaALarge - NOW.Name, of Notary My commission expires - STATE OF.FLORIDA COUNTY OF MIAMI -WE) Belore.me, the undersigned authority, personally appeared : the Afnent, who being first by me duly sworn, did swear or afiims that halshe executed this Afdavit for the.purpases stated therein and that it is true and eorred SWORN TOAND.SUBSCRIBED before me this day cf .2d0_ AFFIANT Hutary PubliC:Stata d F.iorida AliNge Printed Name of Notary My commission expires: RESOLUTION NO. 2020- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-193(e)(1) OF THE CITY CODE FOR ALTERATION OF A LEGAL NON -CONFORMING COMMERCIAL ADVERTISING SIGN TO INSTALL LED CHANGEABLE COPY PANELS ON THE EASTERLY FACE OF THE SIGN LOCATED ON THE WEST SIDE OF BISCAYNE BOULVARD AT ITS INTERSECTION WITH THE WILLIAM LEHMAN CAUSEWAY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned U, Utilities District; and WHEREAS, the applicant, Clear Channel Outdoor Inc., through Application No. VAR2004-0001, is requesting Variance from Section 31-193(e)(1) of the City Code to alter an existing, legal non -conforming commercial advertising sign by installing LED changeable copy panels on the easterly faces of the sign, where the City Code provides that no legally non -conforming commercial advertising sign may be moved, altered or replaced; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for a variance from Section 31-193(e)(1) to allow alteration of a legal non -conforming commercial advertising sign to install LED changeable copy panels on the easterly faces of the sign is hereby approved, on property described in Exhibit "A" to this Resolution, with the following conditions: 1. Plans submitted for permitting shall comply with the renderings of the LED changeable copy panels attached as Exhibit #1 to the staff approval report. 2. As proffered by the applicant: City of Aventura Resolution No. 2020- i) The applicant will remove, within fifteen (15) days of receiving all necessary governmental permits for the upgraded sign, the existing, two panel Clear Channel commercial advertising sign on the west side of Biscayne Boulevard at the intersection with NE 195 Street, and ii) The applicant will construct a decorative sign support structure, in design agreed upon by the applicant and the City Manager, and iii) The applicant will provide an illumination chart, photometric report and proof of brightness report for the LED panels. The illumination level will be dimmed at night, through dimming software, if it is determined by the City Manager to cause a light disturbance to adjacent residential development, and iv) The applicant will install an ambient light sensor and secondary backup to ensure illumination levels are not more than 0.3 foot candles above changing light levels throughout the day, measured based on distance (feet) from the source, and v) The changeable copy will change no faster than 8 seconds per message, and vi) There will be no animation on the LED changeable copy panel messages, other than an 8 second flip, to minimize distraction to drivers, and vii) The applicant will post, at the City Manager's request, emergency messages and, on a space available basis and as mutually agreed, City event announcements on the LED changeable copy panels, and viii) There will be no advertisement of alcoholic beverages, tobacco products, pari-mutuel gaming, casino or slot machine gambling, adult entertainment uses or any use that is reasonably objectionable, as determined by the City Manager. ix) The applicant will not object to any existing City landscaping within the FEC and/or FDOT right of way in the area of the sign. Any future landscaping installed by the City will adhere to state statute regulating viewing area, or as mutually agreed between the City and the applicant., and x) The applicant will replace any existing City landscaping disturbed by construction of the upgraded sign, and xi) The applicant shall not erect any further commercial advertising signs in the City, and xii) The applicant will record, at its expense and in a form satisfactory to the City Manager and the City Attorney, a covenant to include all proffered conditions. The form and substance of the covenant shall be as approved by the City Page 2 of 5 City of Aventura Resolution No. 2020 - Manager and City Attorney. The recorded covenant is required prior to permit issuance. Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. This Resolution shall become effective immediately upon its adoption. Section 4. Issuance of this development order by the City of Aventura does not in any way create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the City of Aventura for issuance of the development order if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. All applicable state and federal permits must be obtained before commencement of the development. This condition is included pursuant to Section 166.033, Florida Statutes, as amended. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Gladys Mezrahi Mayor Enid Weisman Page 3 of 5 City of Aventura Resolution No. 2020 - PASSED AND ADOPTED this 14th day of May, 2020. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of May, 2020. City Clerk Page 4 of 5 City of Aventura Resolution No. 2020- I M 111 ST WIN Description of Property Land owned by the Florida East Coast Railway in Section 3, Township 52 South, Range 42 East, City of Aventura, Florida, lying on US 1 WS 1 Oft S/O Wm Lehman Causeway F/N-1 and F/N-2 Page 5 of 5 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: May 8, 2020 SUBJECT: Clear Channel Agreement May 14, 2020 Special City Commission Meeting Agenda Item 4 Currently, the City of Aventura has an agreement with Clear Channel for the billboard located at the southwest corner of NE 203 Street and Biscayne Boulevard. A graphic of the sign faces on this billboard is attached as an exhibit to this report. The agreement, which has had several modifications since being initially approved in 2003, now currently provides for payment of the following revenue to the City for Clear Channel's continued use of the billboard: • Face #3: City receives Minimum of $150,000 per year or 50% of revenue from Face #3; whichever is greater, and • Face #4: City receives 50% of Net Revenue (The FEC receives 28% of Net Revenue and the City and Clear Channel split the remaining funds). This generates approximately $42,000 Dollars annually. As discussed at the April 23, 2020 workshop meeting, Clear Channel proposes to replace easterly facing panels (Faces #1 and #2) with LED changeable copy panels and provide new revenue to the City, increase the payment to the City for the westerly facing panels (Faces #3 and #4) and extend the term of the agreement for 10 years to January 6, 2030. Clear Channel has proposed an increase in revenue to the City, as follows: • Face #1: City to receive $25,000 annually • Face #2: City to receive $25,000 annually • Face #3: City to receive Minimum of $300,000 per year or 55% of revenue generated from Face #3; whichever is greater. • Face #4: City to receive 55% of annual revenue generated from Face #4 (Approximately $52,000) Clear Channel has also proposed to upgrade another of its existing billboards to LED changeable copy panels; namely, the billboard located on the west side of Biscayne Boulevard at the William Lehman Causeway. This billboard has two easterly facing panels. A picture of the existing panels and a rendering of the proposed LED changeable copy panels is attached. Clear Channel has proffered an additional payment of $25,000 per year per panel, or a total $50,000 per year, to the City of Aventura for the opportunity to make that upgrade. The proposed amendment to the existing agreement between the City and Clear Channel is attached. If this agreement were approved, the City of Aventura would realize a new annual revenue of approximately $450,000 or $4.5 Million Dollars over the length of the agreement. The agreement is contingent upon approval by the City Commission of a variance and variance modification for alteration of the two billboards. RECOMMENDATION When reviewing the additional revenue and comparing the City of Aventura to other municipalities which have agreements with Clear Channel for LED Billboards, I believe we are being fairly compensated for this proposed signage improvement. As this represents a significant increase to revenue generation for funds that will be directed to Aventura Schools, I recommend approval of the new terms of the agreement. RJW/ Attachment CCO1878-20 Ln m 0 N W Z US -1 As per the City of Aventura existing agreement we currently pay $150,000.00 and/or 50% of the net revenue on Face 3 Panel#9293 We are currently paying the FEC Railroad 28% percent and then the balance is split 50/50 between CCO and the City of Aventura on Face 4 Panel #9294 owl, 4 EL pow. ........... Goo-" 'gle Earth © 2027le, 10 20A Clear Channel Outdoor Upgrade to LED I I US 1 West side 10 feet south Of William Lehman Causeway RESOLUTION NO. 2020- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING SECOND AMENDMENT TO AGREEMENTS (THE "AGREEMENT") CONCERNING COMMERCIAL ADVERTISING SIGNS BETWEEN THE CITY OF AVENTURA AND CLEAR CHANNEL OUTDOORS, INC.; AUTHORIZING THE CITY MANAGER TO EXECUTE AND TO TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission finds that approval of the attached Second Amendment to Agreements Concerning Commercial Advertising Signs (the "Second Amendment") between the City of Aventura, Florida (the "City") and Clear Channel Outdoors, Inc. ("Clear Channel") is in the best interest of the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recital. That the foregoing "WHEREAS" clause is ratified and confirmed as being true and correct and is made a specific part of this Resolution. Section 2. Second Amendment Approved. That the Second Amendment between the City and the Clear Channel, in substantially the form attached hereto and incorporated herein as Exhibit "A," is hereby approved. Section 3. Implementation. That the City Manager is hereby authorized to execute the Second Amendment, and to take any action which is necessary to implement this Resolution and the Second Amendment. Section 4. Effective Date. That this Resolution shall take effect immediately upon adoption and shall be applied retroactively to coincide with the effective date of the Second Amendment. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Gladys Mezrahi Mayor Enid Weisman PASSED AND ADOPTED this 14th day of May, 2020. ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY ENID WEISMAN, MAYOR Page 2 of 2 SECOND AMENDMENT TO AGREEMENTS CONCERNING COMMERCIAL ADVERTISING SIGNS THIS SECOND AMENDMENT TO AGREEMENT (the "Second Amendment") is entered into this day of 2020 by and between the City of Aventura, a Florida municipal corporation (the "City") and Clear Channel Outdoor, Inc., a Florida corporation ("Clear Channel"). WITNESSETH: WHEREAS, Clear Channel owns billboards located at the southwest corner of Biscayne Boulevard and Ives Dairy Road in the City of Aventura (the "Billboards"), and the Billboards have a total of four (4) faces, as depicted in the schematic drawing attached hereto as Exhibit "A," which is attached hereto and incorporated herein by reference; and WHEREAS, on September 3, 2002, the City and Clear Channel entered into an Agreement Concerning Commercial Advertising Signs to provide for Clear Channel to provide for an agreed upon height for the existing Billboards, to prohibit any advertising on Face 3 and Face 4 of the Billboards, and to provide for the removal of two (2) existing billboards on Biscayne Boulevard (the "2002 Agreement") WHEREAS, on September 6, 2005, the City and Clear Channel entered into an Agreement Concerning Commercial Advertising Sign — Charter School Revenue, to provide for sharing of revenue generated from advertisements placed on Face 4 of the Billboards (the "2005 Agreement"); and WHEREAS, on April 10, 2007, the City and Clear Channel entered into an Amendment to Agreement for Commercial Advertising Sign to provide for additional revenue payments to the City in consideration of permitting additional advertising on Face 3 of the Billboards (the "April 2007 Amendment"); and WHEREAS, 2002 Agreement, the 2005 Agreement, and the 2007 Agreement are collectively referred to as the "Agreements," and serve both a municipal and public purpose, and are in the best interest of the City; and WHEREAS, on November 6, 2007, the City and Clear Channel entered into First Amendment to Agreement Concerning Commercial Advertising Sign, to amend the Agreements in order to provide additional conditions related to advertising placed on the billboards (the "First Amendment"); and WHEREAS, the City and Clear Channel desire to enter into this Second Amendment to provide for the placement of LED changeable copy panels on Face 1 and Face 2, to provide for additional revenue payments to the City in consideration of permitting additional advertising on the Billboards, to include the billboards at the termination of the William Lehman Causeway and Biscayne Boulevard as part of the Agreement, and to extend the Agreement for an additional ten (10) years. NOW, THEREFORE, in consideration of the promises, mutual covenants, provisions, and undertakings hereinafter contained, and for other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: I . That the recitals set forth above are true and correct and are incorporated herein by reference. 2. The City and Clear Channel agree that Clear Channel may install Light -Emitting Diode ("LED") changeable copy panels on Face 1 and Face 2 on the Billboards, as depicted in Exhibit "A," which is attached hereto and incorporated herein by reference. The LED changeable copy panels will change content no less than every eight (8) seconds, the content displayed on the LED changeable copy panel shall not include any animated content, and the illumination shall be dimmed at night to minimize any light pollution from the LED changeable copy panels. In addition, upon the City's written request, Clear Channel shall display emergency messages and event announcements on the LED changeable copy panels. In consideration of permitting Clear Channel to install the LED changeable copy panels on Face 1 and Face 2, Clear Channel shall pay the City the sum of Twenty Five Thousand and 00/100 Dollars ($25,000.00), annually during the term of this Agreement, for each LED changeable copy panel, for a total of Fifty Thousand and 00/100 Dollars ($50,000.00) per year. 3. The City and Clear Channel agree to provide for the following payments to the City for Face 3 and Face 4: a. For Face 3, Clear Channel shall pay to the City a minimum of Three Hundred Thousand and 00/100 ($300,000.00) or Fifty Five percent (55%) of revenue generated, annually, from advertising on Face 3, whichever is greater, each year during the term of this Agreement. b. For Face 4, Clear Channel shall pay the City an amount equal to Fifty Five percent (55%) of revenue generated, annually, from advertising on Face 4, each year during the term of this Agreement. 4. The City and Clear Channel agree to include the billboard at the termination of the William Lehman Causeway and Biscayne Boulevard, which consists of two (2) faces as part of this Agreement (the "Causeway Billboard"). The City and Clear Channel agree that Clear Channel shall construct and operate the Causeway Billboard in conformance with the following requirements: a. Clear Channel shall construct a decorative sign support structure to support the Causeway Billboard, subject to the approval of the City Manager; Page 2 of 5 b. Clear Channel shall be permitted to install LED changeable copy panels on the two faces of the Causeway Billboard. In conjunction with the installation of the LED changeable copy panels, Clear Channel shall provide the City Manager with an illumination chart, photometric report, and proof of brightness report for the LED changeable copy panels. C. Clear Channel shall install an ambient light sensor and secondary backup to ensure illumination levels are not more than 0.3 foot candles above changing light levels throughout the day, measured based on distance (feet) from the source; d. The LED changeable copy panels will change content no less than every eight (8) seconds, and the content displayed on the LED changeable copy panel shall not include any animated content, other than an eight (8) second flip, and the illumination shall be dimmed at night to minimize any light pollution to adjacent residential neighborhoods from the LED changeable copy panels; e. Clear Channel shall not utilize the LED changeable copy panels to display any advertisements for alcoholic beverages, tobacco products, pari -mutual gaming, casino or slot machine gambling, adult entertainment uses, or any other use that is reasonably objectionable, as determined by the City Manager; f. Clear Channel will post, at the City Manager's request, emergency messages and, on a space available basis and as mutually agreed, City event announcements on the LED changeable copy panels. g. Clear Channel shall not object to any existing City landscaping within the FEC and/or FDOT right of way in the area of the Causeway Billboard, and will replace any existing City landscaping disturbed by construction of the new Causeway Billboard. Any future landscaping installed by the City shall adhere to state statutory provisions regulating viewing area, or as mutually agreed upon between the City and Clear Channel. Page 3 of 5 5. In consideration of permitting Clear Channel to install the LED changeable copy panels on the Causeway Billboard, Clear Channel shall pay the City the sum of Twenty Five Thousand and 00/100 Dollars ($25,000.00), annually during the term of this Agreement, for each LED changeable copy panel, for a total of Fifty Thousand and 00/100 Dollars ($50,000.00) per year. In addition, Clear Channel agrees that it shall not erect, construct, or install any new commercial advertising signs, including billboards, within the City's municipal boundaries. 6. The term of the Agreement shall be renewed for an additional ten (10) years, commencing upon the execution of this Amendment by both parties retroactive from and after January 6, 2020, and terminating on January 6, 2030. 7. That except as amended herein, the City and Clear Channel ratify, approve and reaffirm the terms of the Agreements, as amended by the First Amendment, and this Second Amendment, which shall remain in full force and effect. 8. In the event of any conflict or ambiguity by and between the terms and provisions of the Agreements, the First Amendment, and this Second Amendment, the terms and provisions of this Second Amendment shall control to the extent of any such conflict or ambiguity. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written, in several counterparts, each of which shall be deemed an original, but all constituting only one agreement. Attest: Ellisa M. Horvath, City Clerk, MMC (seal) CITY OF AVENTURA, a Florida municipal corporation Ron Wasson, as City Manager Dated: day of APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE BY THE CITY OF AVENTURA Page 4 of 5 ONLY: City Attorney Weiss Serota Helfman Cole & Berman, P.L. CLEAR CHANNEL OUTDOOR, INC. ATTEST: Print Name: Print Name: Title: Title: Page 5 of 5 Ln m 0 N W Z Exhibit " A" US -1 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager -�✓- DATE: May 8, 2020 SUBJECT: Motion Approving the Aventura City of Excellence (ACES) 2020-2021 School Year Calendar May 14, 2020 Special City Commission Meeting Agenda Item 5 RECOMMENDATION It is recommended that the City Commission, in its capacity as the Governing Board for the Aventura City of Excellence (ACES), adopt a Motion approving the 2020-2021 School Year Calendar. If you have any questions, please do not hesitate to contact me. RJW/act Attachments CCO1887-20 r�"�' , ON,,, `7 ACES o ACES Aventura City of Excellence School Calendar S M Aug 2020 T F S S M T W T F S m©©m©mm 1 2 3 4 5 6 oom 8 9 10 mom 12 13 mmm®®m® 22 16 17 18 19 20 mm 22 23 mm 25 ®m 27 ® 1mmmmm ®m®mm 28 29 30 31 mmmmmmm ----- S M Nov 2020 T F S S M T W T F S m©©m©mm 1 2 3 4 5 6 oom 8 9 10 mom 12 13 mmmmmmm 22 16 17 18 19 20 mmmm 22 23 24 25 ®m 27 Wammmmm 1mmmmm mmmm® 28 29 30 31 mmmmmmm ----- S M May 2021 T F S S M T W T F S mmmmmmm 1 2 3 4 5 6 7 8 9 10 11 12 13 14 22 16 17 18 19 20 21 22 23 24 25 26 27 28 1mmmmm mmmm® 28 29 30 31 S M May 2021 T F S 11 1 2 3 4 5 6 mmmmmmm 8 9 10 11 12 13 ©©m©mmm 15 mmmm® 17 18 19 20 ommmmmm 22 23 24 W 26 27 mmmmm®® .dmL-mmm 30 28 29 ®m 24 ®m®m®mm 1mmmmm mmmm® 28 29 30 31 m ----- S M Sep 2020 T F S 11 1 2 3 4 5 6 mmm©©m© 8 9 10 11 12 13 m 15 mmmm® 17 18 19 20 mmmmmmm 22 23 24 W 26 27 mmmmmmm .dmL-mmm 30 28 29 ®m 24 mmmmmmm 1mmmmm mmmm® 28 29 30 31 mmmmmmm S M Dec 2020 T F S 11 1 2 3 4 5 6 --m©©m© 8 9 10 11 12 13 0000mmm 15 16 17 18 19 20 mmmmmmm 22 23 24 W 26 27 m .dmL-mmm 30 28 29 ®m 24 m 1mmmmm mmmm® 28 29 30 31 mmmmmmm S M T i W T F S 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 W 26 27 28 9 30 28 29 ®m 24 2020 to 2021 S M T W T F S 1 2 3 4 5 6 7 8 F 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 17 mmmmmmm 19 mm mmmmm 21 22 ®® 24 mmm® 26 2020 to 2021 S M Oct 2020 T F S S M T W 1 F 3 mmmman© 6 7 8 9 10 o©0000m 12 13 14 15 16 17 mmmmmmm 19 mm mmmmm 21 22 ®® 24 mmm® 26 27 28 29 ®m 24 ® 26 mmmm® 28 29 30 31 mmmmmmm S M Jan 2021 T F S S M T W 1 F 3 ©m©mmmm 6 7 8 9 10 mm®®m®m 12 13 14 15 16 17 m m 19 mm mmmmm 21 22 ®® 24 25 26 27 28 29 30 24 S M T W T F S S M T W 1 F 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 24 Professional Development Day (No school for students) Quarter Start and End Dates Holiday (No school for students and teachers) %Holiday Breaks (Winter/ Spring) Professional Development Days after the first quarter may serve as inclement weather make-up days. Dates when students are not in school: September 7 Labor Da September 28 I October 23 Teacher Planning November 3 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Professional Development Day (No school for students) Quarter Start and End Dates Holiday (No school for students and teachers) %Holiday Breaks (Winter/ Spring) Professional Development Days after the first quarter may serve as inclement weather make-up days. Dates when students are not in school: September 7 Labor Da September 28 Teacher Planning October 23 Teacher Planning November 3 Teacher Planning November 11 Veterans Da November 23-27 Thanks ivin December 21 -January 1 Winter Recess January 18 Martin Luther King Da January 22 Teacher Planning February 8 Teacher Planning February 15 Presidents' Da March 26 Teacher Planning March 29 -April 2 Spring Break Mav 31 Memorial Da CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission �`� FROM: Ronald J. Wasson, City Manager re✓- DATE: May 8, 2020 SUBJECT: Motion Approving the Don Soffer Aventura High School (DSAHS) 2020-2021 School Year Calendar May 14, 2020 Special City Commission Meeting Agenda Item 6 RECOMMENDATION It is recommended that the City Commission, in its capacity as the Governing Board for the Don Soffer Aventura High School (DSAHS), adopt a Motion approving the 2020-2021 School Year Calendar. If you have any questions, please do not hesitate to contact me. RJW/act Attachments CCO1886-20 Don Soffer Aventura High School Academic Calendar 1 2020 to 2021 Jun 2021 First Day/Last Day of School Aug 2020 No school for students and teachers School & Administrative Office Closed * 000 W Report Cards Issued F Mao© ------m m©©m©m ®mmmmmm 7 o© 2 mmmmmm® ©©m©mmm 5 m®®®m®m 7 ®®m o0 mmmmmm�m mmm®®mm 12 mmmmm 14 15 16 M. ® mmmmm®® 19 1 / 1x aOM m® -MMI---- ® ------ ®m®mm 28 --- 30 31 MMMMMM- ----- Jun 2021 First Day/Last Day of School Nov 2020 No school for students and teachers School & Administrative Office Closed * 000 W Report Cards Issued F Mao© m©©mmmm m©©m©m ®mmmmmm 7 o© 2 mmmmmm® mmm 5 m®®®m®m 7 ®®m o0 mmmmmm�m mmmmmm® 12 mmmmm 14 15 16 M. ® ®M®m 19 1 / 1x aOM m® -MMI---- mM----- ------ _j® 28 --- 30 31 ------- ----- Jun 2021 First Day/Last Day of School Feb 2021 No school for students and teachers School & Administrative Office Closed * 000 W Report Cards Issued F Mao© -m©©m©m m©©m©m ®mmmmmm 7 o© 2 mmmmmm® 000mmmm 5 m®®®m®m 7 8 o0 mmmmmm�m M 12 mmmmm 14 15 16 M. ® ®M®m 19 1 / 1x iS� MM m® -MMI---- m ------ _j® 28 --- 30 31 ------- ----- Jun 2021 First Day/Last Day of School May 2021 No school for students and teachers School & Administrative Office Closed * 000 W Report Cards Issued F Mao© ------m m©©m©m ®mmmmmm 7 o© 2 mmmmmm® ©©o© 5 m®®®m®m 7 8 o0 mmmmmm�m mmm®®mm 12 ®mmm--- 14 15 16 M. ® mmmmm®® 19 1 / 1x iS� MM ®m -MMI---- ®m®m®mm 26* _j® 28 --- 30 31 mm ----- Jun 2021 First Day/Last Day of School Sep 2020 No school for students and teachers School & Administrative Office Closed * 000 W Report Cards Issued F Mao© --m©©m© m©©m©m ®mmmmmm 7 o© 2 mmmmmm® mmmmmm® 5 m®®®m®m 7 8 9 mmmmmm�m mmmmmmm 12 ®mmm--- 14 15 16 M. ® m®®® 19 1 / 1x iS� MM ®m -MMI---- ®mmm--- 26* _j® 28 --- 30 31 ------- Jun 2021 First Day/Last Day of School Dec 2020 2021 No school for students and teachers School & Administrative Office Closed * 000 W Report Cards Issued F Mao© Manna m©©m©m ®mmmmmm 7 o© 2 mmmmmm® mmmmm®® 5 m®®®m®m 7 8 9 mmmmmm�m mmmmmmm 12 ®mmm--- 14 15 16 M. ® 18 19 1 / 1x iS� MM ®' -MMI---- M=L_ 26* _j® 28 --- 30 Jun 2021 First Day/Last Day of School Mar 2021 No school for students and teachers School & Administrative Office Closed * 000 W Report Cards Issued F mm® Manna m©©m©m ®mmmmmm 7 1 2 3 mmmmm®® 5 m®®®m®m 7 8 9 10 mmmmmmm 12 ®mmm--- 14 15 16 17 18 19 ------- 21 22* 23 24 M=L_ 26* _j® 28 --- 30 31 ------- Jun 2021 First Day/Last Day of School --m©©m© Professional Development Day (No school for students) No school for students and teachers School & Administrative Office Closed * 000 W Report Cards Issued F mm® Manna 5* ®mmmmmm 7 1 2 3 4 5 m®®®m®m 7 8 9 10 11 12 ®mmm--- 14 15 16 17 18 19 ------- 21 22* 23 24 25 26* Early Release Days September 2, 2020 November 4, 2020 February 3, 2021 April 7, 2021 May 5, 2021 Professional Development Days after the first quarter serve as inclement weather make-up days. First Day/Last Day of School Jan Professional Development Day (No school for students) No school for students and teachers School & Administrative Office Closed * Quarter Start and End Dates W Report Cards Issued F Progress Reports Issued Early Release Days September 2, 2020 November 4, 2020 February 3, 2021 April 7, 2021 May 5, 2021 Professional Development Days after the first quarter serve as inclement weather make-up days. Jan 2021 S M T W T F S Manna 5* 6 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22* 23 24 25 26* 27 28 29 30 31 ®------ Early Release Days September 2, 2020 November 4, 2020 February 3, 2021 April 7, 2021 May 5, 2021 Professional Development Days after the first quarter serve as inclement weather make-up days. Jan 2021 S M T W T 1 F 2 S 3 Manna 5* 6 7 8 9 10 ©m©mmmm 12 13 14 15 16 17 mm�®®mmm 19 20 21 22 23 24 mI- 26 mm®®® 28 29 30 24 m®m®MmM 26 27 28 29 30 31 ®------ Early Release Days September 2, 2020 November 4, 2020 February 3, 2021 April 7, 2021 May 5, 2021 Professional Development Days after the first quarter serve as inclement weather make-up days. ,. I S M T W T 1 F 2 S 3 4 5* 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 24 25 26 27 28 29 30 31 Early Release Days September 2, 2020 November 4, 2020 February 3, 2021 April 7, 2021 May 5, 2021 Professional Development Days after the first quarter serve as inclement weather make-up days. I S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Early Release Days September 2, 2020 November 4, 2020 February 3, 2021 April 7, 2021 May 5, 2021 Professional Development Days after the first quarter serve as inclement weather make-up days. _i$AVENTURA HIGH SCHOOL 2020-2021 School Calendar August 10, 2020 First Day for New Teachers (NTI) August 13, 2020 First Day for Returning Teachers (RTO) August 24, 2020 First Day for Students / Start of Quarter 1 September 2, 2020 Early Release Day for Students September 7, 2020 Labor Day Holiday - School Closed September 24, 2020 Quarter 1 Progress Reports October 22, 2020 End of Quarter 1(43 Days) October 23, 2020 Professional Development Day - No School for Students October 26, 2020 Start of Quarter 2 November 4, 2020 Early Release Day for Students November 5, 2020 Quarter 1 Report Cards November 11, 2020 Veteran's Day Holiday - School Closed November 23-27, 2020 Fall Break - No School for Students and Teachers School Closed 11/26-11/27 December 3, 2020 Quarter 2 Progress Reports December 21, 2020 21 -January 1, 2021 Winter Break - No School for Students and Teachers - School Closed 12/24-12/25 and 12/31-1/1 January 18, 2021 Martin Luther King Jr. Day -School Closed January 21, 2021 End of Quarter 2 (47 Days) January 22, 2021 Professional Development Day - No School for Students January 25, 2021 Start of Quarter 3 February 3, 2021 Early Release Day for Students February 4, 2021 Quarter 2 Report Cards February 15, 2021 President's Day Holiday -School Closed February 25, 2021 Quarter 3 Progress Reports March 25, 2021 End of Quarter 3 (43 Days) March 26, 2021 Professional Development Day - No School for Students March 29 -April 2, 2021 Spring Break - No School for Students and Teachers April 5, 2021 Start of Quarter 4 April 7, 2021 Early Release Day for Students April 15, 2021 Quarter 3 Report Cards May 5, 2021 Early Release Day for Students May 6, 2021 Quarter 4 Progress Reports May 31, 2021 Memorial Day Holiday - School Closed June 9, 2021 End of Quarter 4 (47 Days) / Last Day for Students June 10, 2021 Professional Development Day - No School for Students - Last Day for Teachers June 11, 2011 Quarter 4 Report Cards *Non -student days after Q1 may be used for inclement weather makeup days. Last Updated March 31, 2020 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission/Governing Board FROM: Ronald J. Wasson, City Manager BY: David McKnight, Principal, Don Soffer Aventura High School Jonmark Williams, Sr. Financial Analyst, Charter Schools USA DATE: May 8, 2020 SUBJECT: Ordinance Amending 2019/2020 Don Soffer Aventura High School Fund ("DSAHS") Budget 11t Reading May 14, 2020 Special City Commission Meeting Agenda Item 7 2"1 Reading June 9, 2020 Regular City Commission Meeting Agenda Item _ RECOMMENDATION It is recommended that the City Commission approve the attached Ordinance amending the 2019/2020 Don Soffer Aventura High School Fund ("DSAHS") Budget. The total amount of the budget amendment is $436,446 as outlined below. BACKGROUND As we quickly approach the end of DSAHS' first year of operations, it is necessary to formally amend the 2019/2020 budget to ensure that the "final" adopted budget contains sufficient appropriations to satisfy all of the actual expenditures. As a result, the attached document has been prepared by Charter Schools USA ("CSUSA") in collaboration with City staff to project the final year-end revenues and expenditures to ensure that any revenue overages and shortfalls and expenditure overruns and savings are properly identified and adjusted where necessary. This "clean up" amendment process is a normal part of our year-end fiscal operations and is largely impacted by the fact that this is DSAHS' first year of operations as well as the economic uncertainty that has been created by the global pandemic crises ("COVI D-1 9"). Since the detailed budget, accounting and general ledger are maintained by CSUSA, all revenues and expenditures will be reviewed and analyzed on a categorical basis and adjusted in the aggregate. The explanations provided are not designed to be all inclusive, but rather provide a framework for the necessary adjustments. Listed below is a summary of the DSAHS 2019/2020 amendments, the underlying circumstances that support each recommendation and the supporting schedule — "Exhibit A". 0 REVENUE: $436,446 projected net unfavorable variance Operating Revenue: $79,598 projected net favorable variance FTE — $54,570 favorable variance due to greater student enrollment, a higher FEFP per student funding rate than originally budgeted as well as the receipt of Safe Schools Funding. NSLP Revenue/Food Services — $11,351 net favorable variance due to greater student participation in the school lunch program which will be used to offset additional related Contracted Food Services costs. Other Revenue Sources — $13,677 net favorable variance including Capital Outlay, E - Rate Program, FL Teacher Lead Program and School Recognition. Other Operating Revenue: ($400,000) projected unfavorable variance Granite Aventura LLC - Donation — as discussed during the April 23, 2020 Commission meeting, the 2nd payment pertaining to this donation has not yet been received. Due to the economic uncertainty resulting from COVID-19, it is highly unlikely that these funds will be fully realized in the near future. As a result, this shortfall will need to be covered through an advance from the City's General Fund. Other Non -Revenue: City Subsidy — Advance from the City's General Fund An unfavorable increase of $756,848 as outlined below: • $400,000 will need to be advanced from the City's General Fund due to the donation shortfall referenced above. • In addition, $356,848 will need be advanced from the City's General Fund as it pertains to the difference of the net favorable operating revenue ($79,598) and the net unfavorable expenditure variance ($436,446) as described below: EXPENDITURES: ($436,446) projected net unfavorable variance Operating Expenditures: ($282,971) projected net unfavorable variance Total Compensation — ($109,163) unfavorable variance due to higher than budgeted average salaries to fill roles in areas of critical shortage. In addition, costs for group insurance and benefits exceeded their original budget. Professional Services — ($56,296) projected net unfavorable variance due primarily to: • $13,000 for unanticipated Legal Fees related to resolving Cambridge eligibility requirements. • Nearly $7,000 more for the 5% fee to the County Board than originally anticipated. • $25,000 for an Advertising/Marketing expenditure to support the grand opening, website hosting and online school identity plan that was not considered in the original budget. Vendor Services — ($33,821) projected net unfavorable variance primarily caused by: • the cost of the Contracted Food Service exceeding the original budget due to higher than anticipated student demand. More than $11,000 of this cost will be offset by additional Food Services Revenue. • In addition, a $6,000 allocation will be reflected to cover a small portion of the cost of the School Resource Officer to offset a portion of the Safe Schools Funding. Administrative Expenditures — ($9,046) projected net unfavorable variance resulting from the higher than anticipated cost to equip classrooms and school offices with an initial stock of office supplies. Instructional Expenditures — ($110,703) projected net unfavorable variance primarily resulting from: • $109,000 for the additional cost of Consumable Instructional expenditures pertaining to additional textbooks and specialized instructional programs. • $51,000 for the additional cost of Cambridge Testing Materials that was not originally anticipated. Other Operating Expenditures — $23,753 net favorable variance due to the cost for Telephone and Internet coming in lower than originally budgeted. Fixed Expenditures — $12,305 net favorable variance due to the school contracting for only one (1) copy machine instead of the two (2) that were budgeted. Capital Expenditures: ($153,475) net unfavorable variance The 2019/2020 adopted budget included $250,000 in revenue and expenditures pertaining to the Florida Department of Education's Public Charter School Program ("CSP") Planning, Program Design & Implementation Grant. Due to the timing of when the grant application was finally approved (after the School opened) and when the actual purchase for student textbooks and instructional licenses took place (before School opened), most of these items were deemed ineligible for grant purposes. As a result, additional grant expenditures including greater student consumables and capital outlay to furnish art supplies, science lab supplies and computer hardware that were not considered in the original budget need to be made in order to fully utilize the grant. If you should have any questions related to this memorandum, please feel free to contact the City Manager. Respectfully submitted, David McKnight Jonmark Williams Principal, Don Soffer Aventura High School Sr. Financial Analyst, CSUSA N ORDINANCE NO. 2020 - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2019-09, WHICH ORDINANCE ADOPTED THE DON SOFFER AVENTURA HIGH SCHOOL BUDGET FUND 191 FOR FISCAL YEAR 2019/2020 (JULY 1 — JUNE 30) BY REVISING THE 2019/2020 FISCAL YEAR BUDGET DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of Don Soffer Aventura High School and upon the recommendations of the Principal of the Don Soffer Aventura High School, the City Manager (and the concurrence of the Assistant City Manager — Finance and Administration as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 2019/2020 Operating and Capital Budget of the Don Soffer Aventura High School as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The recitals contained in the preamble to this Ordinance are incorporated by reference herein. Section 2. The City Commission hereby authorizes the amendment of Ordinance No. 2019-09, which Ordinance adopted a budget for the 2019/2020 fiscal year for Don Soffer Aventura High School by revising the 2019/2020 budget as set forth on the attached Exhibit "A", which exhibit is deemed incorporated by reference as though set forth in full herein. City of Aventura Ordinance No. 2020 - Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Gladys Mezrahi Mayor Enid Weisman The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Gladys Mezrahi Mayor Enid Weisman Page 2 of 3 City of Aventura Ordinance No. 2020 - PASSED on first reading this 14th day of May, 2020. PASSED AND ADOPTED on second reading this 91h day of June, 2020. ATTEST: ELLISA L. HORVATH, MMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY ENID WEISMAN, MAYOR Page 3 of 3 Don Soffer Aventura High School FY 2019/2020 Budget Amendment Supporting Schedule Total Number of Students Forecasted Average FTE per Student REVENUE: Operating Revenue FTE Capital Outlay NSLP Revenue Food Services Transfers In from the City's General Fund City's Intersection Safety Camera Program Grants Miscellaneous Revenue (includes E -Rate Program) FL Teacher Lead Program School Recognition Subtotal Granite Aventura LLC - Donation Total Operating Revenue Other Non -Revenue City Subsidy * Advance from the City's General Fund Total Revenues Counts towards City Subsidy EXPENDITURES Operating Expenditures Compensation Administrative Staff Instructional Staff Benefits/Other Total Compensation Professional Services Vendor Services Administrative Expenditures Instructional Expenditures Other Operating Expenditures Fixed Expenditures Total Operating Expenditures Capital Expenditures Computers - Hardware Computers - Software Audio Visual Equipment FF&E Total Capital Expenditures Total Unadjusted Operating and Capital Expenditures Unadjusted Revenue over/(under) Expenditures CSUSA Subsidy to offset Professional Services *** Adjusted Revenues over/(under) Expenditures Total Adjusted Operating and Capital Expenditures $ 433,235 $ 71,394 $ Exhibit A ADOPTED AMENDED REVISED BUDGET AMOUNT BUDGET $ 1,508,293 $ 109,163 $ 1,617,456 $ 200 $ 3 $ 203 6,789.00 143.00 6,932.00 $ 1,357,800 $ 54,570 $ 1,412,370 116,463 (14,181) 102,282 15,068 (1,061) 14,007 38,590 12,412 51,002 $ 115,000 $ - $ 115,000 250,000 - - 250,000 127,051 20,000 127,051 18,038 38,038 7,716 - 7,716 4,446 4,446 12,242 - 12,242 5,374 5,374 $ 1,912,921 $ 79,598 $ 1,992,519 153,475 400,000 153,475 (400,000) 2,554,413 - $ 2,312,921 $ (320,402) $ 1,992,519 $ 176,492 $ 756,848 $ 933,340 $ 2,489,413 $ 436,446 $ 2,925,859 $ 433,235 $ 71,394 $ 504,629 840,493 29,827 870,320 234,565 7,942 242,507 $ 1,508,293 $ 109,163 $ 1,617,456 $ 282,550 $ 56,296 $ 338,846 261,329 33,821 295,150 10,310 9,046 19,356 183,450 110,703 294,153 279,121 (23,753) 255,368 29,360 (12,305) 17,055 $ 2,554,413 $ 282,971 $ 2,837,384 $ - $ 127,051 $ 127,051 7,716 7,716 12,242 12,242 6,466 6,466 $ - $ 153,475 $ 153,475 $ 2,554,413 $ 436,446 $ 2,990,859 $ (65,000) $ - $ (65,000) $ 65,000 $ - $ 65,000 $ 2,489,413 $ 436,446 $ 2,925,859