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05-01-2007 Zev Auerbach Bob Diamond Billy Joel Ten Holzberg Michael Stern Luz Urbaez Weinberg A~ City of rl..Ventura ~ ~~ -", ,", ",y'" City MJIJlJlger Eric M. Soroka, lCMA-CM City Commission Susan Gottlieb, Mayor City Clerk Teresa M. Soroka, MMC City Attorney Weiss Serota Helfman Pastonza Cole & Boniske AGENDA MAY 1, 2007 6 P.M. Government Center 19200 West Country Club Drive A ventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for DeletionslEmergency Additions 4. SPECIAL PRESENTATIONS: - Employee Service Awards 5. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. A. APPROVAL OF MINUTES: April 10, 2007 Commission Meeting April 19, 2007 Special Meeting April 19, 2007 Workshop Meeting B. MOTION TO ACCEPT FOR FILING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2006 AND THE LETTER DATED APRIL 5, 2007 ATTACHED HERETO AS ATTACHMENT A." C. MOTION AUTHORIZING THE APPROPRIATION OF UP TO $75,000 TO HIRE AN INFORMATION TECHNOLOGY PROJECT COORDINATOR TO COORDINATE INFORMATION TECHNOLOGY PROJECTS FOR THE POLICE DEPARTMENT FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. D. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AMENDING ORDINANCE NO. 2006-13 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2006/2007 FISCAL YEAR BY REVISING THE 2006/2007 FISCAL May 1, 2Wl Commission Meeting YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL TIDNGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. 6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items, please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staffhave 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 quasi-judicial procedures may be obtained from the Clerk, A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA MODIFYING CONDITION 2. OF THE APPROVAL GRANTED THROUGH RESOLUTION 'NO. 2005-70 PASSED NOVEMBER 1, 2005 SO AS TO NOW PERMIT COMMERCIAL ADVERTISING ON THE ENTIRE REAR (WEST) FACE OF THE SIGN LOCATED AT THE SOUTHWEST CORNER OF BISCAYNE BOULEVARD AND IVES DAIRY ROAD, CITY OF A VENTURA, ON PROPERTY DESCRIBED IN EXHIBIT " A"; PROVIDING FOR AN EFFECTIVE DATE. B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-171(a)(7) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A 5'5" PARKING PAVEMENT SETBACK, WHERE A MINIMUM 10' SETBACK IS REQUIRED BY CODE; AND GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-172(c)(2) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A LANDSCAPED DRIVEWAY SEPARATION OF 130', WHERE A MINIMUM SEPARATION OF 330' IS REQUIRED BY CODE FOR PROPERTY LOCATED AT 18450 BISCAYNE BOULEVARD, CITY OF A VENTURA; PROVIDING FOR AN EFFECTIVE DATE. 7. ORDINANCES: FIRST READINGIPUBLIC INPUT: None. 8. ORDINANCES: SECOND READING - PUBLIC HEARING: A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA; AMENDING THE CITY CODE BY AMENDING ARTICLE II "OCCUPATIONAL LICENSE TAXES" OF CHAPTER 18 2 May 1, 2Wl Commissioo Meeting "BUSINESS REGULATIONS, LICENSES AND PERMITS" TO CONFORM WITH RECENT REVISIONS TO FLORIDA STATUTE CHAPTER 205 BY CHANGING THE TERM OCCUPATIONAL LICENSE TO LOCAL BUSINESS TAX RECEIPT; MAKING COLLATERAL CONFORMING AMENDMENTS TO OTHER AFFECTED PROVISIONS OF THE CITY CODE INCLUDING SECTIONS 2-348, 2-396, 14-62,30-95, 31-21, 31-150, 31-191, 38-32, 45-35; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; AND PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AMENDING ORDINANCE NO. 2006-08, wmCH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE A VENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2006/07 (JULY 1 - JUNE 30) BY REVISING THE 2006/2007 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 TIDS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. C. CITY COMMISSION IN ITS CAPACITY AS THE A VENTURA CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS: AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, ADOPTING THE ATTACHED CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2007/08 (JULY 1 - JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. 9. RESOLUTIONS - PUBLIC HEARING: None. 10. REPORTS 11. PUBLIC COMMENTS 12. OTHER BUSINESS: None. 3 May 1, 2Wl C.nmmilllim Meeting 13. ADJOURNMENT SCHEDULE OF FUTURE MEETINGSIEVENTS COMMISSION WORKSHOP MEETING MAY 31, 2007 9 A.M. COMMISSION MEETING JUNE 12, 2007 6 P.M. 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, not later than two days prior to such proceeding, One or more members of the City of Aventura Advisory Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such rneeting 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 may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466- 8901. 4 The City of Aventura ~. >...."..r MINUTES CITY COMMISSION MEETING APRIL 1 0, 2007 Aventura Government Center 19200 W, Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan Gottlieb at 6:00 p.m. Present were Commissioners Zev Auerbach, Bob Diamond, Teri Holzberg, Billy Joel, Michael Stern, Luz Urbaez Weinberg, Mayor Gottlieb, City Manager Eric M. Soroka, and City Attorney David M. Wolpin. City Clerk Teresa M. Soroka was absent due to illness. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Led by Chief Steve Steinberg. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. ELECTION OF VICE MAYOR: After motion made by Commissioner Joel, seconded by Commissioner Holzberg, and unanimously passed, Commissioner Stern was elected Vice-Mayor for next 6-month period. 5. SPECIAL PRESENTATIONS: Service awards were presented to 10-year employees Glenn Finlay, Christa Wallner, James McEvoy, John Ogden, Manuel Gonzalez, Richard McCrory, Juan Gonzalez, and Richard Lefkowitz. 6. CONSENT AGENDA: Mayor Gottlieb requested removal of item 6-B. A motion to approve the remainder of the Consent Agenda was offered by Vice Mayor Stern, seconded by Commissioner Joel, unanimously passed and the following action was taken: A. The following minutes were approved: March 13, 2007 Commission Meeting March 22, 2007 Workshop Meeting "" C. Resolution No. 2007-18 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN INTERLOCAL AGREEMENT FOR DISTRIBUTION, USE AND REPORTING OF CHARTER COUNTY TRANSIT SYSTEM SURTAX PROCEEDS LEVIED BY MIAMI-DADE COUNTY, AS ATTACHED HERETO, BY AND BETWEEN THE CITY OF AVENTURA AND MIAMI- DADE COUNTY; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. D. The following motion was approved: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $61,000 TO PURCHASE SOFTWARE, FLEET CANOPY AND EQUIPMENT AND AFIS ETHER NET CONNECTION FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. E. Resolution No. 2007-19 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA URGING ALL MUNICIPALITIES IN MIAMI- DADE COUNTY TO ADOPT A PROCESS FOR THE UTILIZATION OF A SPECIAL INSPECTOR/LICENSED ENGINEER TO CONDUCT THE INSPECTION OF HURRICANE SHUTTERS IN MULTI-FAMILY STRUCTURES; AND PROVIDING AN EFFECTIVE DATE. The following item was removed from the Consent Agenda and addressed separately: B. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN AMENDMENT TO AGREEMENT, AS ATTACHED HERETO, BY AND BETWEEN THE CITY OF AVENTURA AND CLEAR CHANNEL OUTDOOR, INC., RELATING TO COMMERCIAL ADVERTISING SIGN; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Joel and seconded by Commissioner Auerbach. The motion passed unanimously and Resolution No. 2007 -20 was adopted. 6. ZONING HEARINGS: Ex-parte communications by Commissioners, if any, were disclosed and filed with the City Clerk in accordance with City Code Section 34. All witnesses giving testimony in these hearings were sworn in by Community Services Employee Notary Gail Fishman. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, CONCERNING AN APPLICATION FOR MODIFICATION OF 2 CONDITION NUMBERED 5. OF THE CONDITIONAL USE APPROVAL GRANTED THROUGH RESOLUTION NO. 2002-46 TO EXTEND THE TIME TO DEMOLISH BUILDING "FF" AND TO CONSTRUCT THE ROADWAY, OFF- STREET PARKING AND INTERFACE WITH THE EXISTING PLAZA ON THE LOEHMANN'S PLAZA SITE AT 18741 BISCAYNE BOULEVARD, AVENTURA, FROM APRIL 25, 2007 TO APRIL 25, 2008; PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Weinberg and seconded by Commissioner Diamond. Planning Director Joanne Carr addressed the Commission and entered the staff report into the record. Mayor Gottlieb opened the public hearing. The following individual(s) addressed the Commission: Clifford Schulman, Esq. There being no further speakers, the public hearing was closed. The motion for approval passed unanimously and Resolution No. 2007- 21 was adopted. 7. ORDINANCES: FIRST READING/PUBLIC INPUT: A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; AMENDING THE CITY CODE BY AMENDING ARTICLE II "OCCUPATIONAL LICENSE TAXES" OF CHAPTER 18 "BUSINESS REGULATIONS, LICENSES AND PERMITS" TO CONFORM WITH RECENT REVISIONS TO FLORIDA STATUTE CHAPTER 205 BY CHANGING THE TERM OCCUPATIONAL LICENSE TO LOCAL BUSINESS TAX RECEIPT; MAKING COLLATERAL CONFORMING AMENDMENTS TO OTHER AFFECTED PROVISIONS OF THE CITY CODE INCLUDING SECTIONS 2-348, 2-396, 14-62, 30-95, 31-21, 31-150, 31-191, 38-32, 45-35; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Auerbach and seconded by Commissioner Weinberg. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote. B. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2006-08, WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2006/07 (JULY 1 - JUNE 30) BY 3 REVISING THE 2006/2007 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; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Diamond and seconded by Commissioner Auerbach. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote. 8. ORDINANCES: SECOND READING: PUBLIC HEARING: None. 9. RESOLUTIONS - PUBLIC HEARING: None. 10. REPORTS: As presented. 11. PUBLIC COMMENTS: Mel Taks, Aventura; Michael Sawyer Brown, West Park. 12. OTHER BUSINESS: 13. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 6:38 p.m. Teresa M. Soroka, MMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a 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. 4 A~e City of nventura ~. ..,,.,,.,/ MINUTES CITY COMMISSION MEETING APRIL 19, 2007 9 A.M. Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan Gottlieb at 9:00 a.m. Present were Commissioners Zev Auerbach, Bob Diamond, Teri Holzberg, Billy Joel, Luz Urbaez Weinberg, Vice Mayor Michael Stern, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M Soroka and City Attorney Richard Jay Weiss. As a quorum was determined to be present, the meeting commenced. 3. RESOLUTION (Taken out of order): Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CHANGE ORDER FOR BID NO. 06-09-08-2, WATERWAYS PARK CLEARING AND GRUBBING, BY AND BETWEEN THE CITY AND MCO ENVIRONMENTAL, INC.; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Weinberg, seconded by Commissioner Auerbach, unanimously passed and Resolution No. 2007-22 was adopted. 2. CITY COMMISSION IN ITS CAPACITY AS THE AVENTURA CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS. ORDINANCES: FIRST READING/PUBLIC INPUT: Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2007/08 (JULY 1 - JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Stern and seconded by Commissioner Joel. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously. 4. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned. Teresa M. Soroka, MMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a 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. 2 A~e City of r\..ventura ,Q, .......,'"/ MINUTES CITY COMMISSION WORKSHOP MEETING APRIL 19, 2007 Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan Gottlieb following the 9:00 a.m. Special Meeting. Present were Commissioners Zev Auerbach, Bob Diamond, Teri Holzberg, Billy Joel, Luz Urbaez Weinberg, Vice Mayor Michael Stern, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M Soroka and City Attorney Richard Jay Weiss. As a quorum was determined to be present, the meeting commenced. (Items taken out of order) 3. 21301 PROPERTY (Citv Manaqer): Commission discussed the bid received for the subject property and its accompanying conditions. CITY MANAGER SUMMARY: Consensus to reject bid submitted and rebid after consideration of rezoning various lots in the subject corridor at a future Commission meeting. 2. NALEO ORGANIZATION (Commissioner Weinberg): Commissioner Weinberg explained her involvement in the National Association of Latino Elected and Appointed Officials and the civic engagement projects, training and technical assistance it provides. She requested Commission approval to participate further by attending the annual conference in Orlando in June, 2007. CITY MANAGER SUMMARY: Consensus to approve. 1. PROPERTY TAX REFORM UPDATE:(City Manager). Mr. Soroka provided an update on the Property Tax Reform status. CITY MANAGER SUMMARY: No action necessary. 4. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned. Teresa M. Soroka, MMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a 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. CITY OF AVENTURA FINANCE SUPPORT SERVICES DEPARTMENT MEMORANDUM TO: City Commission FROM: BY: Eric M. Soroka, City ge ~ore, Finarice Su ort Services Director DATE: April 23, 2007 SUBJECT: Comprehensive Annual Financial Report - FY 2005/2006 May 1 , 2007 City Commission Meeting Agenda Item 5"... R> Recommendation It is recommended that the City Commission approve the following motion: "Motion to accept for filing the Comprehensive Annual Financial Report for the fiscal year ended September 30,2006 and the letter dated April 5, 2007 attached hereto as Attachment A." Backaround The Comprehensive Annual Financial Report (CAFR) and the letter dated April 5, 2007 were distributed to the Mayor and Commissioners on April 19th. A memorandum was distributed along with the CAFR and letter. The Rules of the Auditor General, Chapter 10.550, requires that the CAFR be filed as an official record at a public meeting. This motion satisfies that requirement. In addition, the independent audit firm, McGladrey Pullen & Company, LLP, has requested that the letter dated April 5, 2007, identified as Attachment A, be accepted for filing with the City Commission. A representative of McGladrey Pullen & Company, LLP, the audit firm, will be present at the meeting. However, since the CAFR is the responsibility of the City, I respectfully request that any questions be discussed with the City Manager and me prior to the meeting. HMKlhmk CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: Disbursement of Police Forfeiture Funds May 1, 2007 City Commission Meeting Agenda Item 5.. C RECOMMENDATION It is recommended that the City Commission adopt the following Motion to expend funds from the Police Forfeiture Fund: "Motion authorizing the appropriation of up to $75,000 to hire an Information Technology Project Coordinator to coordinate IT projects for the Police Department from the Police Forfeiture Fund in accordance with the City Manager's memorandum". If you have any questions, please feel free to contact me. EMS/act Attachment CC01576-07 CITY OF AVENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM FROM: ice TO: DATE: 13 April, 2007 SUBJECT: Use of Forfeiture Funds Florida State Statute 932.704 requires that money resulting from forfeitures be maintained in a special law enforcement trust fund, and that the funds be expended only upon request of the Chief of Police to the governing body of the municipality and approval of the governing body. I am requesting City Commission approval for the expenditure of: Computer expertise; hiring of personnel $75,000 Total Expenditure Request: $75,000 I certify that this requested expenditure complies with Florida State Statute 932.704 in that: 1. Funds will be used for an appropriate law enforcement purpose. 2. Funds are not being used as a normal source of revenue for the Police Department. 3. Funds were not considered in the adoption and approval of the budget of the Police Department. Summary Computer expertise; hiring of personnel - This request is being made to spend up to $75,000 (inclusive of salary & benefits) for the hiring of a person with the expertise to assist and advise the police department with computers, technology and software all of which are related to the overall operation of law enforcement activities. CITY OF AVENTURA FINANCE SUPPORT SERVICES DEPARTMENT MEMORANDUM BY: City Commission t-.,. Eric M. Soroka, City nager ~re, Finan \ Su port Services Director TO: FROM: DATE: April 20, 2007 SUBJECT: Mid Year Budget Amending Ordinance 1st Reading May 1,2007 City Commission Meeting Agenda Item '1- Z:> 2nd Reading June 12, 2007 City Commission Meeting Agenda Item Recommendation It is recommended that the City Commission approve the attached ordinance amending the 2006/2007 budget. Backaround As you are aware, the City normally amends the budget to recognize actual fund balance amounts carried over based on the prior year's audit. In addition, budget amounts are amended to re-appropriate the balances in capital outlay projects which were not 100% complete by the end of the prior fiscal year. The need to re-appropriate unspent capital accounts and to recognize the actual fund balances at September 30, 2006 to the 2006/07 budget was discussed in some detail in my memorandum dated April 19th which was distributed to the Commission along with the CAFR. Since we were doing a mid-year amendment, I also wanted to amend the budget to reflect a couple of needed changes to the way that we budget for expenditures for specific functions where we account for the costs in the General Fund and make a budget transfer from other funds to reimburse the General Fund for these costs. As part of last years' audit, our independent auditors, McGladrey and Pullen, LLP requested that we reclassify these transactions to reflect the actual expenditures in the other funds and to reduce the transfers. We concurred with their recommendation for 2005/06 fiscal year and need to change the budget for 2006/07 to reflect the proper accounting for that year. The first two entries in the budget amending ordinance along with revisions to the Street Maintenance Fund and Stormwater Fund satisfy this requirement. HMKlhmk ORDINANCE NO. 2007-_ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2006-13 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2006/2007 FISCAL YEAR BY REVISING THE 2006/2007 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; 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 the City and upon the recommendations of the City Manager (and the concurrence of the Finance Support Services Director as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 2006/2007 Operating and Capital Budget 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. 2006-13, which Ordinance adopted a budget for the 2006/2007 fiscal year, by revising the 2006/2007 budget as set forth on the attached Exhibit "A" which exhibits are deemed incorporated by reference as though set forth in full herein. Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. Ordinance No. 2007- Page 2 Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. who moved its The foregoing Ordinance was offered by Commissioner adoption on first reading. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Luz Urbaez Weinberg Vice Mayor Michael Stern Mayor Susan Gottlieb The foregoing Ordinance was offered by Commissioner Weinberg, who moved its adoption on second reading. This motion was seconded by Commissioner Joel and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Luz Urbaez Weinberg Vice Mayor Michael Stern Mayor Susan Gottlieb PASSED on first reading this 1st day of May, 2007. 2 Ordinance No. 2007- Page 3 PASSED AND ADOPTED on second reading this 12th day of June, 2007. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPRO~ ~EGAL SU~CIENCY: CITY ATTORNEY ~ 3 Exhibit A Budget Amendments GENERAL FUND Revenues Non-Revenue 3811041 Transfer from Stormwater Fund 220,443 (100,000) 120,443 3811012 Transfer from Transportation Fnd 651,023 (651,023) 3999000 Carryover 12,671,395 3,262,684 15,934,079 SUBTOTAL 13,542,861 2,511,661 16,054,522 Total Amendments-Revenues $ 2,511,661 Expenditures Community Services (5001-539) 3450 Landscape/Tree Maint./Streets 1,775,000 -651,023 1 ,123,977 3460 Street Maintenance/Drainage 100,000 -100,000 SUBTOTAL 1,875,000 (751,023) 1,123,977 Capital Outlay/Finance Support Services (8010-513) 6401 Computer Equipment 6,000 5,000 11,000 SUBTOTAL 6,000 5,000 11,000 Capital Outlay/Information Technoloay (8012-513) 6401 Computer Equipment 113,000 75,000 188,000 SUBTOTAL 113,000 75,000 188,000 Capital Outlay/Public Safety (8020-521) 6405 E911 Equipment 0 30,000 30,000 SUBTOTAL 0 30,000 30,000 Capital Outlay/Community Services (8040-541/572) 6341 Transportation System Improve. 279,000 100,000 379,000 6352 Hurricane Landscape Restor. 0 110,000 110,000 6310 Aventura Founders Park 552,000 30,000 582,000 6322 Waterways Park Improvements 1,000,000 500,000 1.500,000 SUBTOTAL 1,831,000 740,000 2,571,000 Capital Outlay/Non-Departmental (8090-590) 6999 Capital Reserve 12,902,574 2,421,462 15,324,036 SUBTOTAL 12,902,574 2,421,462 15,324,036 Page 1 of 6 Exhibit A 9123 9124 9125 9129 Non Departmental/Transfers Transfer to 1999 Debt Service Fnd Transfer to 2000 Debt Service Fnd Transfer to 2002 Debt Service Fnd Transfer to 2002 DS Ch Sch Cons SUBTOTAL 1,357,500 482,300 402,000 o (11,090) 939 (3,152) 4,525 (8,778) 1,346,410 483,239 398,848 4,525 Total Amendments-Expenditures $ 2,511,661 POLICE EDUCATION FUND Revenues Non.Revenue 3999000 Carryover SUBTOTAL 8000 8000 (2,563) (2,563) 5,437 5437 Total Amendments-Revenues $ (2,563) Expenditures Public Safety (2001-521) 5450 Training SUBTOTAL 12,300 12,300 (2,563) (2,563) 9,737 9,737 Total Amendments-Expenditures $ (2,563) TRANSPORTATION AND STREET MAINTENANCE FUND Revenues Non-Revenue 3999000 Carryover 737622 (322,146) 415476 SUBTOTAL 737622 (322,146) 415476 Total Amendments-Revenues $ (322,146) Expenditures Operatina/Community Services (5001-541) 3450 Landscape/Tree MaintlStreets 0 651,203 651,203 SUBTOTAL 0 651,203 651,203 Capital/Community Services (8050-541) 6307 Street Lighting Improvements 530,000 (198,393) 331,607 6999 Capital Reserve 123,753 (123,753) 0 SUBTOTAL 653,753 (322,146) 331,607 Page 2 of 6 Exhibit A Transfers (9001-590) 9101 Tranfer to General Fund SUBTOTAL 651,203 651,203 (651,203) (651,203) o o Total Amendments-Expenditures POLICE IMPACT FEE FUND s (322,146) Revenues Non-Revenue 3999000 Carryover SUBTOTAL 87900 87900 73,854 73,854 161,754 161754 Total Amendments-Revenues s 73,854 Expenditures Non Departmental (9001-590) 6999 Capital Reserve SUBTOTAL 14,400 14,400 73,854 73,854 88,254 88,254 Total Amendments-Expenditures s 73,854 PARK DEVELOPMENT FUND Revenues Non-Revenue 3999000 Carryover SUBTOTAL 1488800 1488800 484,586 484,586 1,973,386 1973386 Total Amendments-Revenues s 484,586 Expenditures Non Departmental (9001-590) 6999 Capital Reserve SUBTOTAL 500,000 500,000 484,586 484,586 984,586 984,586 Total Amendments-Expenditures $ 484,586 Page 3 of 6 SERIES 1999 DEBT SERVICE FUND Exhibit A Revenues Non-Revenue 3811001 Transfer from General Fund 3999000 Carryover SUBTOTAL 1,357,500 9,000 1,366,500 (11,090) 11 ,090 Total Amendments-Revenues SERIES 2000 DEBT SERVICE FUND 1,346,410 20,090 1,366,500 Revenues Non-Revenue 3811001 Transfer from General Fund 3999000 Carryover SUBTOTAL 482,300 4,500 486,800 939 (939) Total Amendments-Revenues SERIES 2002 DEBT SERVICE FUND/LAND ACQ. 483,239 3,561 486,800 Revenues Non-Revenue 3811001 Transfer from General Fund 3999000 Carryover SUBTOTAL 402,000 2,000 404,000 (3,152) 3,152 Total Amendments-Revenues SERIES 2002 DEBT SERVICE FUND/SCHOOL CONSTR 398,848 5,152 404,000 Revenues Non-Revenue 381101 Transfer from General Fund 3999000 Carryover SUBTOTAL 4,525 (4,525) Total Amendments-Revenues Page 4 of 6 4,525 (4,525) Exhibit A SERIES 2000 CAPITAL CONSTR FUND Revenues Miscellaneous Revenues 3611000 Interest on Investments SUBTOTAL o o 200,000 200,000 200,000 200,000 Non-Revenue 3999000 Carryover SUBTOTAL 1980629 1980629 2,263,205 2,263,205 4,243,834 4,243,834 Total Amendments-Revenues $ 2,463,205 Expenditures COMMUNITY SERVICES (5001-572) 6203 Waterways Park Improvements SUBTOTAL 1,980,629 1,980,629 2,463,205 2,463,205 4,443,834 4,443,834 Total Amendments-Expenditures $ 2,463,205 SERIES 2002 CAPITAL CONSTRUCTION FUND/LAND ACQUISTION Revenues Non-Revenue 3999000 Carryover SUBTOTAL 3621 3621 157 157 3,778 3778 Total Amendments-Revenues Expenditures Charter School Construction (6010-569) 6307 Charter School Construction SUBTOTAL 3,621 3,621 157 157 3,778 3,778 Total Amendments-Expenditures Page 5 of 6 Exhibit A STORMWATER UTILITY FUND Expenditures Community Services (8050-538) 3460 Street Maint/Drainage SUBTOTAL o o 100,000 100,000 100,000 100,000 9101 Non-Departmental/Transfers (9001-581) Transfer to General Fund SUBTOTAL 220,443 220,443 (100,000) (100,000) 120,443 120,443 Total Amendments-Expenditures Page 6 of 6 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, I City Manager '"' BY: Joanne Carr, AI Planning Director DATE: April 12, 2007 SUBJECT: Request of Clear Channel Outdoor for revision to Condition 2. of the approval granted through Resolution No. 2005-70 (01-MRC-07) May 1, 2007 City Commission Meeting Agenda Itemb-fI RECOMMENDATION It is recommended that the City Commission approve the requested revIsion to Condition 2. of the approval granted through Resolution No. 2005-70, to allow advertising on the entire rear (west) face of the Billboard at Biscayne Boulevard and Ives Dairy Road, upon the following conditions: 1. All those conditions of Resolution No. 2003-06 and Resolution No. 2005-70 which are not revised through this approval shall remain the same and in full force and effect; 2. All advertising on the rear (west) face of the sign, including both the northernmost and southernmost panels, will comply with the terms of the agreement made between the applicant and the City and approved by Resolution No. 2007-20 on April 10, 2007. THE REQUEST The applicant, Clear Channel Outdoor, is requesting further modification to Condition 2. of the approval granted through Resolution No. 2005-70 in order to permit commercial advertising on the entire rear (west) face of the Billboard located at the southwest corner of Biscayne Boulevard and Ives Dairy Road. (See Exhibit #1 for Letter of Intent, Exhibit #2 for Location Plan and Exhibit #3 for photograph of the rear face of the sign) BACKGROUND On January 7, 2003, the applicant was granted variance approval through Resolution No. 2003-06 to modify an existing commercial advertising sign and to elevate the sign to an overall height of 55 feet. This sign is located at the southwest corner of Biscayne Boulevard and Ives Dairy Road. The 2003 approval was granted upon the following conditions: 1) Plans shall substantially comply with that submitted as follows: . Specific Purpose Survey, Clear Channel Outdoor Inc., Sheet 1 of 1, prepared by Bloomster Professional Land Surveyors Inc., dated 4/12/02, revised 4/23/02, 7/11/02,9/27/02, 10/30/02 and 12/10/02, signed and sealed. 2) Permits shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. 3) The applicant agrees to fulfill all of its obligations defined in Section /I of the agreement made between Clear Channel Outdoor Inc. and the City of A ventura dated September 3, 2002. These obligations include, but are not limited to, the following: I. The applicant will demolish and completely remove, within 30 days of issuance of permits, Billboards Nos. 1 and 6 depicted on Exhibits "B" and "C" respectively to this Resolution, prior to modification of Billboard No. 2 depicted on Exhibit "0" to this Resolution. /I. The applicant will advise Florida East Coast Railway Company, within 10 days of the date of this Resolution, that it has no objection to the obstruction, if any, of visibility of certain billboards which are situated upon the ground or upon buildings or structures located on or near the FEC right of way in the vicinity of Biscayne Boulevard and NE 187 Street. III. No replacement of Billboards No. 1 and No. 6 will be installed. IV. No further billboards will be installed at any location in the City of A ventura. 4) As proffered by the applicant at the November 21, 2002 City Commission workshop meeting, the applicant voluntarily agreed to the imposition of a condition, herein imposed, to be further supported by applicant's recordable covenant to the City, that no advertisement for "adult use" as defined in Section 31-21 of the City's Land Development Regulations shall be placed on the subject sign. 5) As proffered by the applicant at the January 7, 2003 Commission meeting, the applicant voluntarily agreed to the imposition of the condition, herein imposed, to 2 be further supported by the applicant's recordable covenant to the City, that the variance granted by this Resolution shall expire on a date which is twelve years after the date of adoption of this Resolution, to-wit: January 6, 2015 (the "Expiration Date''), and Billboard No.2, as modified and elevated pursuant to this variance, shall be completely demolished and removed by the applicant or applicant's successors on or before the Expiration Date. 6) The applicant shall provide its recordable covenant to the City that it and its successors will not object to the existing or any future landscaping in the center median of Biscayne Boulevard in the vicinity of the subject sign and confirming irrevocably that the applicant has no objection to any existing City landscaping in the FEC right-of-way at any location in the City. 7) That the form and substance of the covenants described in Conditions numbered 4), 5) and 6) above shall be subject to the approval of the City Attorney. The covenants are required prior to permit issuance. Conditions 1) through 7) were fulfilled. Building permits were obtained within 12 months of the date of the resolution. The covenant was recorded as required. The plan approved in Condition 1) indicated that the 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 entered into further 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 by 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 mod ification criteria provided by Section 31-76(f) 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, Resolution No. 2005-70 approving the requested modification was passed by the City Commission on November 1, 2005, with the following conditions: "1) Plans shall substantially comply with that submitted as follows: 3 . Specific Purpose Survey, Clear Channel Outdoor Inc., Sheet 1 of 1, prepared by Bloomster Professional Land Surveyors Inc., dated 4/12/02, revised 4/23/02, 7/11/02, 9/27/02, 10/30/02 and 12/10/02, signed and sealed. " to: "1) Plans shall substantially comply with that submitted as follows: . Specific Purpose Survey, Clear Channel Outdoor Inc., Sheet 1 of 1, prepared by Bloomster Professional Land Surveyors Inc., dated 4/12/02, revised 4/23/02, 7/11/02, 9/27/02, 10/30/02, 12/10/02 and 9/14/05, signed and sealed. " on property legally described in Exhibit "A" to this resolution, is hereby approved subject to the following conditions: 1. All conditions of Resolution No. 2003-06 not revised through this approval shall remain the same and in full force and effect; and 2. All advertising on the rear (west) face of the sign will comply with the terms of the agreement made between the applicant and the City approved by Resolution No. 2005-39 on September 6, 2005." The applicant has now entered into a further agreement with the City so as to enable the applicant to request that the entire rear (west) face of the billboard, including both the northernmost and southernmost panels of the rear of the billboard, to be used for commercial advertising purposes subject to the requirement 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. This agreement was approved by the City Commission on April 10, 2007 through Resolution No. 2007-20 and is effective only in the event the City Commission grants the requested revision, upon application for such modification by the applicant. The applicant acknowledges in this agreement that the City Commission will make its decision upon the modification in accordance with the pertinent variance condition modification criteria provided by Section 31-76(f) of the City Code and the quasi-judicial procedures of the City. ANALYSIS: 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 were demonstrated to be satisfied by Resolution No. 2003-06. The applicant has fulfilled the conditions of that resolution. It has also 4 entered into a new agreement with the City which continues to limit the type of advertising that can be placed on the rear (west) side of the sign which will prevent or minimize adverse effects on other property in the neighborhood. Staff therefore recommends approval of the request to modify Condition 2. of Resolution No. 2005-70 to permit commercial advertising on the entire rear (west) side of the Billboard located at the southwest corner of Biscayne Boulevard and Ives Dairy Road. 5 ~ CLEARCHANNEL OUTDOOR RECEIVED APR 1 3 2007 COMMUNITY DEVELOPMENT April 12, 2007 City of Aventura 19200 West Country Club Drive Aventura FL 33180 EXHIBIT 1 01-MRC-07 Re; Letter of Intent regarding Public Hearing Application for Modification of Resolution 2003-06 Ladies/Gentlemen: The Applicant, Clear Channel Outdoor, Inc, , a Delaware corporation registered in Florida as CC Outdoor, Inc. (~Clear ChannelH) applies for a modification of Resolution 2003-06(~ResolutionH) to permit it to place advertising on the back of its billboard (~Billboard BackH) located on the Southwest corner of Biscayne Boulevard (US1) and Ives Dairy Road when none is permitted under the terms of the Resolution other than a ~Welcome to the City of AventuraH In order to induce the City of Aventura(~CityH) to grant the modification, Clear Channel agrees that fifty percent (50%) of all net revenues generated by any advertisements placed on the Billboard Back would be paid to the City for use in its Excellence Charter Schools of the City. Further, Clear Channel agrees that its obligations and restrictions as set forth in its September 3, 2000 agreement with the City and in the Resolution except to the extent as amended by any modification of Resolution adopted by the City Commissioners shall be applicable to the Billboard Back. In addition, Clear Channel shall prepare certified mailing labels for properties within a 300 foot radius of the Billboard Back and deliver to the City duly executed Representative and Business Relationship Affidavits in form and substance acceptable to the City. The granting of the modification would benefit both the City and Clear Channel and be in keeping with the spirit of the Resolution. Very truly yours, Clear By: Title: {f ~ ~L 305 592"6250 Tel 477"4750 F,,, ClearChannel Outdoor 5800 NW 77 Court "Miami, FL 33166" www.c1earchanneJ.com BROWARD COUNTY ..-.-.---. ,4. DADE COUNTY'. :. :. :. :. :. :. :. :. :. :. '. :. :. :. :. :. :. .. :. ;. IVES DAIRY RD, '. -- ~ :::r: w X Ci 3 :. :. :. ;- :' .. :. .. :. :. :. :1 .. :. :. :1 .. :. ;. '. :. '. !. :. .. :. :. ;. :' .. .:. AVENTURA \,>\.\10 Fire i 0 Rescue AI'emura Slation Library c:i > ..J Q) 2: <: lJJ U o Aventura Mall 1 92 ST. 192 ST. MIAMI GARDENS DR. c:i > ...J Q) 2: <: UJ U o Atlantic Ocean Maule LAke LEGEND e ...... Roadways City Boundary ZIP Code Boundary Railroad EXHIBIT 2 01-MRC-07 04/12/2007 15:58 A . 3054553277 CITY OF AVENTTRA PAGE 05 APPLICANT REPRESENT ArNE AFFIDAVIT Pursuant 10 Section 31-71(b)(2)(Q of the City of Aventvra Land Development Code, this AppRcant Representative Affidavlt Is hereby made alld submitted. The undersigned authorized representative of ttJe Individual or entity applying for the Development Pennlt, which it Identified in the, ac:comp3nylng .pplicaUon, and the owner of lhe property subject to the applica1ioo rd dltret91lt) hereby lists and Identifies ah peI3OO$ representing the individual or enUty applying for the Development Pennlt In coonectlon with the application. as follows: Name Relationship (i.e. Attorneys, Archltect$, L8Ildscape Architects, Engmeers. Lobbyists, Etc.) JieHh JlSIvIWJW2} ",J, j/~ ;;-. LA nJft S ,4,#0 12 IJ ~ '1 V. p. 0,J es~-I~ (Atfach Additional Sheets ~ Necessary) NOnCE; ANY STATEMENT DR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPUCANT RePRESENTATIVE AFRDAVJT SHALL BE BINDING UPON THE IHDMOUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF tHE SUBJECT PROPERTY. APPUCANTS AND AFFlANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31-71(B)(2){1V} OF THl: CITY'S LAND DEVELoPMENT REGUlATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION Of THE APPLICATION BY THE errv BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORREct OR INCOMPLETE. WITNESS MY HAND THIS ~ DAY OF a (Ja I ,20(1 OWNER By: By: (Signature) Name: ~ Name: llffe: (Print) TIUe: Address: Address: STATE OF FLORIDA ) COUNTY OF MIAMI-OADE) Before me 100 Ul'ldefsigned autholfty personally appeared .J It'S PI r J() h JJ S, ~ Ule authorized ~tative Of the Applicant and/or the owner of the property subject to the application, who being first by m, at helshe exea.rted this Affidavit for the purposes stated therein and that it Is lrue and correct. ..,- ., SWORN TO AND SUBSCRIBED BEFORE ME Ihls~ day of Q Pr.' I 04/12/2007 ,15: 58 . ( DiD '\~ 3054663277 CITY OF AVENTTRA PAGE 06 BUSINESS RELATIONSHIP AFFIDA VIT* ( This Affidavit is made pUlSuant to Section 3H'(b)(2Xlij of (he City of Aventura Land Development Code. The undersigned Affiant hereby d"lScloses tllat: (mark with 'X~Plicabre portions only) f~ 1. Affiant does om have a Business Relationship with any member of the City Commission or any City Advi$OI')' Boan:! to which the application will be presented. ( ] 2. AffNlnt hereby lflScloses that ~ does have 8 Business Relationship wltt1 a member of ~ City Commission or a City Advisory BoMJ to whlcl1!he appIioallonwilJ be presented, as follows: (List name of Commi$$ioner or Advisory Board Member) who serves on the (Ust City Commission or City Adviso/)' Board upon which member serves). The nature of !he Business Relationship is as foIJows: [] i. Member or City Commission or Board holds an owoetshlp lntel'eSt kl excess of 1% of totallI9sets or capita stoclc or ApplIcant or Representative; (J Ii. Member of CIty Commission or Boai'd Is a partner, CCkthaleholder (as to shares of a corporation which are not fISted on any national or regional s1oCt; exchange) or joint Vi80turer with the AppIicMt or Representative in any business venture; [J iii. The ApprlCallt or RePle9entative Is .II Client or 8 member or the CIty Commission or Board or a CUent d another professional ~lng from the same office or for the same employer as the member of the City Commission or Board; By: Name: ' (J Iv. A City Commissioner Of Board member is II Client or the App/icant or Representative; () v. The Applicant <<'Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 ri the buslne!ls of the member of (he City Commission or Board (or his or hGr employer) In a given calendar year. [ ) vi. The member of the City Commission or Board is a Customer or the Applic8nt or Representalive and Iraosacls more than $25,000.00 or the business of !he ApplIcant or Representative In a gfven calendar year. DAY OF Ct Pn ( .200:1 . 200~7 PROPERTY OWNER: By: Name: -TIlle: (Signature) (Prirrt) (Print) *The tenns -&siness Relationship, ~ .cnen~. "Customer; ~ "Appncant,. ~Representatlve. and "/nterostecl Petwn" are clefined In Sec4ion 2-395 of the Aventwa City Code. 7 1214/12/2007 ,15: 58. 3054553277 CITY OF AVENTTRA PAGE 1217 WITNESS MY HAND THIS -L2- DAY OF a /)( I / . 200 7 By: alure) Name:_.Jiilb If ,S7()L2eJ6~ '-7 Title: ,1fJtV fL;i/J e l-..:..Jprint) '~ ~,\. & By: ~. ,~,}, '~h (S/gnatum) '"" \I. ,~ Name: Jf.;r-: /+,.; 0 r LS (Prfnt) Title: tJ .p. f2eM ~ i. ffepnt) By: Name: (SlgnatfJl9) (Print) {Print} Title: B y: Tide: (Signature) (Pdnt) _(print) Title: By: TItle.: (Signature) (Print) (Prfnt) (SIgnature) . (Print) (Prfrrt) Title: By: Tlfle: Title: NOTE: 1) Use duplicate sheets If disclosure Infonttatfon for Represenfal:ivD varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 3 t-71(bX2Xiv) of the City's Land Development Regulations in the City Codt\ in the event that prior to consideration of the application by the City Board or Commission, the infhnnation provided in tbe Affidavit becomes incorrect or incomplete. 9 04/12/200715: 58 c 3054553277 CITY OF AVENTTRA PAGE 07 WITNESS MY HAND THIS --4.2- DAY OF a /)11' / . 200.:7 By: Name: i By: 8 Name; .,1111tJ~J';~) TltIe:~.V/~lO~+-'b !1(PriI1t} I . B y: Tide: (SIgnatura) (Prfnt) -IPtfl1t) TItle: By: TItle.: Title: (Signature) (Pdnt) (Print) (S1gnaJr.lrs) (Print) (Pdnt) By: TrUe: T1ffe: NOTE: f) US8 dltpUcate sheets Ifcfdicfosure fnfonttaUon for Represenfa6ve varies 2) Applicants and Afliants arc: advised to timely JUpplemcnt this Affidavit pUrlUlnt to. Sec. 31- 7l(bX2)(iv) of the City's Land Development Regulations in the City Code., in the event that prior to consideration of the <<pplieatiOn by the city Soard or Commission, the information provided in the Affidavit:becoD1esiJJ~ or incomplete. 9 04/12/2007 15:58 3054563277 CITY OF AVENTTRA PAGE 08 STATE OF FLORIDA ) COUN'1Y OF MIAMI.DADE) BefDm me, the underslgl1ed Ilrtholily, pel'JOMfly t1ppeatecl,Kedh H...5IvIZfnbg:l14nL who beln helshe executed thl& ,J,ffjdavlt for !he purpose!s staled Illereln and ilia! Ills true and COrTeCt. NOT ARIZA nON PROYlSIQH SWORN TO AND SUBScRtaeO bebre me this Ie) day of Qf)('j I I by me duly Sworn. (f1C! SWGar or affltm lf1a! ;i""'"v Pv,,'1, . . ~"',;:-~ '''OFfl.!:! Notary Pu';;State ;r Flonda Toni Clark My Commission 00390882 Expires ()2!17i200~ ,200_7 Q A&t" ~QtU' ~? ~~. ...., Notary Public Sta~r rloti:1a AI L.a~ 'n XI i L A-- Ii? I Printed Name of Nolary / 0 My comml!sJon expires: 0,;;", I Z 01 STATE OF FLORIDA ) COUNTY OF MlAMl-OADE) Berm me, thtI ufufel5lgned lutllorlly, pIII'S(ln&Dy appeared a^, d ( heIshe ueculed tills Affldavll for Ihe pIlrposs staled lharefll and lllal iI./l: /rue aM t:omICl SWORN TO AND SUBSCRIBEO befare me this 12- dey of ap;'J -/ Notary Public Slate of Florida Josie Genco My Commission 00355611 E:xpires 11/13/2008 . 2007 in; fIrtl by me! duly sworn, dj(/ swear or IIrin\1 lIlaf ~. .v~ ~J" .~. . ~o,:l.ol STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undGralgned authority, plllIOnBlly appeared helsl1e executl!d lIds Affldavlll'or lI1e purposes alated lIIell1ln Ind fhal ~ b; /nle end correct. - tile Affiant, who beinO 1Ir31 by me duly swom, cIId ewear tJ1' alfm .lhet AFFIANT SWORN TO AND SUBSCRIBED befcre me this _ day of ,200_. HaIaIy PublIc SIt.. aI FIorifa At I.Irge Pmled Name of Nolary My eornmlulon expires: STATEOFFLORID^ ) COUNTY OF MIAMI-t>ADE) Before lila, ~ underafgned IUlhlll'l!y, I*JlOIllIIy 1Ippel!ed heIshe IIxecuted .. AnldaVl ~ Ihe purposes slItta themln aJId "'-I Ills true tIllCI COmlQl. the AI'IlanI, who being tht by me duly sworn, lid llWll8l' or IflInn ilia! AFFIANt SWORN TO AND SUBSCRibED be1vra me thll; _ dly of _.200_. Nolary Public Stale of Florkla At Laroe PMl8d ~ame at Notary My comrnluiort~: 8 04/12/2007 15:58 3054663277 CITY OF AVENTTRA PAGE 08 STATE OF FLORIDA ) COUN'1Y OF MIAMI.DADE) Beflll'B me, It1e lIIlden;lgI1~ 8uthority, peIlOll8Uy llppeared ,Keifh Il.SvIZf/Jbt'J~n~ wIlol>eln he/$he executed this Mfidavllfor the Pt/l'POSIlS ttllled lhereIn and ilia! Ills true and tonect. NOTARIZATION PROYlSIQH SWORN TO AHD SUBSCRIBEO bebn3 me thl8 a day of a 1)0 1 t by me duly Sworn. 6"1d sweafor 8ffl/1l1 thaI ~.,.v "Ch, ~o ~"<r, ;, c~'i ~OFf\.O Notary Public State of Flonda Toni Clark My Commission 00390882 Expires 02/17/2008 ,l<rJJ =J01f-( '(Le~~ Notary Pub/l(: Sta~r Florida AI ~~ Tnlli LA-K Prinled Name of NolaI)' ri?::L ~ My comllllssbn exp/tes: (!) < .l4 ~ STAT~ OF fLORIOA ) COUNTY OF MIAMJ.oADE) oeHme. Ihe Uflde~ned authorlty, JltII'8OI\8/Iy appeared a"", d ( helshe8XeCllted tlI!$ AlfkJavft for !tie PIlrposes stated lhareln and rMl 1\ III tnJeand COI1lICl SWORN TO AHO SUBSCRIBED btlfore me !his ~ day of (ipr{1 Notary PUbflCState of Florida Josie Genco My Commission 00355611 Expires 11/13/2008 .2<<0 ing fIrEt by mil duty sworn, dkJ SWller 0( IIliIft\ lilaC ~ lOCI\. ,f::i STATE OF FLORIDA ) COUNTY OF MIAMI-DADI:) , I ^(",^ j Wore mil, the undelllgoed tluCh. ority, PlI8OR8!ly appeat8dC'-. J'~ V- 0 JwSo. '.. ~. lf1e. AffiGn~..4 who. bellQ Iqj b duly sWOtn. dld.wear or arm. thet ""'h. - "" Allil..... Ole ".~.....l""'..... .nd "".~............ 'p _ ~.--- \ r SWOON TO"O SIIimclUB6lI """~..... .2Il""of Q.,f:Jn L l<rJ::i ~A' ~ $I"~"'V "CI~ Notary Public State of Florida -=__ _ _ ~ "fo Josie Genco H~ Pllb/lc.Sta~fbriH LItve. ; .; M C 0 v-t)3;~ y '1 (x"J Y->~F f\.O~ Y ommission 0355611 F!mled Name of Nolai)' . ~ (7 Expires 11/13/2008 My COltlml5t1on expires:. t I -1"3 . d 00 a STATE OF FLORIDA I COUtm OF MIAUI-DADE) Before lIle. .1Ile III!doIllgned IUthlllllt. Jl!II8ODtOy lIppea!td fIeIsIIe uecuted. .. AIIIdavl ""thllPUIJlDlle$ sIItea U\eIIklancflhlUl II tnre tllldQll~. \tIeAIlllnI. wbo _ fist ~ me duly sworn, did ... ClI' IftIrm thai AFFIANT SWORN TO AND StJasCRlbEDbeforB me fils _ ~Of ) ~1201L Nolary I\lIJ/lc$fl(e ofFlorlcla All.erve Plfnl8cl ~annf Notary M)' commlSllill<<lexpfnls: 8 RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA MODIFYING CONDITION 2. OF THE APPROVAL GRANTED THROUGH RESOLUTION NO. 2005-70 PASSED NOVEMBER 1, 2005 SO AS TO NOW PERMIT COMMERCIAL ADVERTISING ON THE ENTIRE REAR (WEST) FACE OF THE SIGN LOCATED AT THE SOUTHWEST CORNER OF BISCA YNE BOULEVARD AND IVES DAIRY ROAD, CITY OF AVENTURA, ON PROPERTY DESCRIBED IN EXHIBIT "A"; 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) by 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, through Application No. 01-MRC-07, is requesting a modification to Condition 2. of Resolution No. 2005-70, to permit commercial advertising on the entire rear (west) face of the sign; 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. Resolution No. 2007- Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, THAT: Section 1. The applicant's request to modify Condition 2. of Resolution No. 2005-70 from: "2. All advertising on the rear (west) face of the sign will comply with the terms of the agreement made between the applicant and the City approved by Resolution No. 2005-39 on September 6, 2005" to: "2. All advertising of the rear (west) face of the sign will comply with the terms of an agreement made between the applicant and the City approved by Resolution No. 2007 -20 on April 10, 2007" on property legally described in Exhibit "A" to this resolution, is hereby approved subject to the following conditions: 1. All of those conditions of Resolution No. 2003-06 and Resolution No. 2005-70 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. The foregoing Resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: , who Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Luz Urbaez Weinberg Vice Mayor Michael Stern Mayor Susan Gottlieb Resolution No. 2007- Page 3 PASSED AND ADOPTED this 1st day of May, 2007. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: f-rJ~~ CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of May, 2007. CITY CLERK LEGAL DESCRIPTION OF LAND 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 X 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 for the point of beginning, Thence N 02 degrees W, 1640.18 feet southeasterly ad 311.84 feet. thence S 02 degrees E 200 feet southeasterly ad 313.20 feet, thence S 02 degrees E, 400 feet southeasteriyad 154.21 feet, thence S 00 degrees E 109.51 feet southeasteriy Miami-Dade County. Florida o ~ r:, ~ARCHANNEL OUTDOOR teaSEl/I: 80125 F1ide Description US Hwy 1 WL 150F S/O NF 20:t' St 9/1/05 West Faces - Only Reading to Eastbound traffic on 203 Street EXHIBIT 3 01-MRC-07 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM FROM: Eric M. Soroka, I City Manager TO: City Commission BY: Joanne Carr, AI Planning Directo DATE: April 12, 2007 SUBJECT: Request of Mario Kaller for (1) Variance from Section 31-171 (a)(7) to allow a 5'5" parking pavement setback where a minimum 10' parking pavement setback is required by Code; and (2) Variance from Section 31- 172(c)(2) to allow a landscaped driveway separation of 130', where a minimum landscaped separation of 330' is required by Code for driveways on arterial roads for property in the Community Business (B2) District and located at 18450 Biscayne Boulevard south of Miami Gardens Drive, City of Aventura (01-VAR-07). May 1, 2007 City Commission Meeting Agenda Item b".B RECOMMENDATION It is recommended that the City Commission approve the applicant's request for variance to allow a 5'5" parking pavement setback and to allow a landscaped separation of 130' between driveways on an arterial road, subject to the following conditions: 1. Plans shall substantially comply with those submitted as follows: . "Kaller Retail Building", Cover Sheet, prepared by Joseph Kaller & Associates P.A., signed and sealed 4/2/07 . Sketch of Survey, Sheet 1 of 1, prepared by Cousins Surveyors & Associates I nc. dated 12/21/06, last revised 01/08/07, signed and sealed. . "Kaller Retail Building", Planting Plan, Sheet L-1, prepared by Dave Bodker Landscape Architecture/Planning Inc., dated 8/21/06, last revised 3/29/07, signed and sealed. . "Kaller Retail Building", Site Plan, Sheet SP-1, prepared by Joseph A. Kaller & Associates Inc., dated 10/06/06, revised 04/02/07, signed and sealed 4/2/07. . "Kaller Retail Building", Floor Plan, Sheet A-1, prepared by Joseph A. Kaller & Associates Inc. dated 10/06/06, revised 04/02/07, signed and sealed 4/2/07. . "Kaller Retail Building", Building Elevations, Sheet A-2, prepared by Joseph A. Kaller & Associates Inc., dated 10/06/06, revised 04/02/07, signed and sealed 04/02/07. . "Kaller Retail Building", Building Elevations, Sheet A-3, prepared by Joseph A. Kaller & Associates Inc., dated 10/06/06, revised 04/02/07, signed and sealed 04/02/07. 2. Permits shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. 3. Prior to issuance of a building permit, the applicant shall provide a signed Lease with FEC Railway for the installation of four (4) proposed parking spaces and landscaping to the west of the property limit; such lease to be continued on an annual basis. The applicant shall provide a copy of the annual renewal of lease to the City. 4. Prior to issuance of a building permit, the applicant shall record this resolution in the Public Records of Miami-Dade County. All expenses of such recordation shall be borne by the applicant. THE REQUESTS The applicant, Mario Kaller, is requesting a variance from Section 31-171(a)(7) to allow a 5'5" parking pavement setback where a minimum 10' parking pavement setback is required by Code and a variance from Section 31-172(c)(2) to allow a landscaped separation between driveways of 130', where a minimum landscaped separation of 330' is required by Code for driveways on arterial roads. (See Exhibit #1 for Letter of Intent) BACKGROUND APPLICANT Mario Kaller OWNER OF PROPERTY Mario Kaller LOCATION OF PROPERTY 18450 Biscayne Boulevard (See Exhibit #2 for Location Plan) SIZE OF PROPERTY Approximately 6851 square feet (0.157 acres) 2 LEGAL DESCRIPTION SURROUNDING PROPERTIES Zoning - Subject Property North East South West Existing Land Use - Subject Property: Property to the North: Property to the South: Property to the East: Property to the West: Part Tract "A", Legg 184, according to the plat thereof recorded in Plat Book 129, Page 59 of the Public Records of Miami-Dade County, City of Aventura, Florida B2, Community Business District B2, Community Business District Biscayne Boulevard B2, Community Business District FEC Railroad south part of abandoned gas station north part of abandoned gas station vacant public right of way (Biscayne Boulevard) railway right of way (FEC) Future Land Use - According to the City of A ventura Comprehensive Plan, the following properties are currently designated as follows: Subject Property: Property to the North: Property to the South: Property to the East: Property to the West: Business and Office Business and Office Business and Office Business and Office Business and Office The Site - The site is located on the west side of Biscayne Boulevard, south of Miami Gardens Drive. There is an abandoned gas/service station on this property that will be demolished. The applicant has purchased the south half of the property measuring approximately 6851 square feet, or 0.157 acres. The Project -The applicant proposes to construct a one story, 23'4" tall retail building containing 1750 square feet with 11 surface parking spaces, 7 of which are on site and 4 of which are on land leased from the FEC Railway. A rendering of the proposed building is attached as Exhibit #3. Site plan review is currently underway by City staff. Other than the variances requested, the site plan meets all other site development criteria of the B2, Community Business District. Final approval of the site plan is subject to approval of this application for variance. ANALYSIS 3 Consistency with Comprehensive Master Plan - The request is consistent with the City of Aventura Comprehensive Plan. The future land use designation of the parcel is Business and Office. Citizen Comments - The Community Development Department has received no written citizen comments to date. Community Development Department Analysis - The applicant has submitted an application for administrative site plan approval for development of a retail building in the Community Business (B2) zoning district. The use is permitted in this zone. Following review of the site plan by City staff, the applicant was advised that two site development criteria of the City Code have not been met, those being, the minimum parking pavement setback and the minimum separation between driveways. The applicant has requested approval of variances to these two criteria. 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..." Each variance request is evaluated below using those standards of review. ReQuest #1: Variance from Section 31-171 (a)(7) to allow a minimum 5'5" parkina pavement setback. where a minimum 10' parkina pavement setback is reQuired bv Code. The applicant is requesting a variance to permit the edge of the surface parking area to be set back 5'5" from the property line, where the Code requires that the parking pavement be set back a minimum of 10' from the property line. This condition occurs at the easterly portion of the surface parking lot along Biscayne Boulevard. It is noted that although the proposed minimum setback to the property line is 5'5", the landscaped setback from the existing edge of pavement on Biscayne Boulevard to the edge of pavement on the proposed surface parking area is approximately 34'. (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 applicant advises that the hardship at this location is caused by particular physical surroundings of this property. The easterly 33.75' of this property was dedicated to Florida Department of Transportation for the widening of Biscayne Boulevard many years ago. The applicant advises that this dedication for right of way now makes it difficult to meet the required 10' parking pavement setback. 4 (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 LOR. The applicant's difficulty is not economic in nature and the difficulty was not deliberately created by the applicant. The lot configuration resulting from the road widening on Biscayne Boulevard creates the need for variance. (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 applicant proposes to improve the site through demolition of an abandoned gas/service station and construction of a one-story retail building with improved landscaping. (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. 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. Although the setback from the property line is 5'5", there is a landscaped area between the proposed edge of surface parking and existing edge of pavement on Biscayne Boulevard of approximately 34' that will provide public safety. Ingress and egress to the building is proposed by way of a new driveway onto Biscayne Boulevard. The applicant has provided confirmation from Florida Department of Transportation that this driveway location will be approved upon permit application. The proposed development will complement the existing one-story developments along the west side of Biscayne Boulevard in our City. Reauest #2: Variance from Section 31-172(c)(2) to allow a landscaped separation of 130 feet between driveways, where the Code reauires a minimum of 330 feet of landscaped separation for driveways on arterial roads The applicant is requesting a variance to permit a landscaped separation of 130 feet between the proposed driveway for this development and an existing driveway on the abandoned gas/service station site to the north. The gas/service station was built on two parcels. The southerly parcel has now been sold separately to this applicant. 5 (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 created by the physical condition of the specific property. There is an existing driveway on an abandoned gas/service station on the property which was built over two parcels. The applicant has purchased the southerly parcel and requires his own ingress and egress. (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 LOR. The applicant's difficulty is not economic in nature and the difficulty was not deliberately created by the applicant. Separate access is required to a parcel that was formerly part of a larger development. (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. (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. 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. The applicant has provided confirmation from Florida Department of Transportation that this driveway location will be approved upon permit application. The proposed development will complement the existing one-story developments along the west side of Biscayne Boulevard in our City. 6 architecture - interiors - planning AA# 26001212 -rLU0~: 18fJD 15. W' April 2, 2007 Mrs. Joanne Carr City of A ventura Planning and Zoning Department Government Center 19200 W. Country Club Drive, 4th Floor Aventura, Fl33186 RECEIVED APR - l 2007 COMMUNITY DEVELOPMENT Re: Variance Letter of Intent KaUer Retail- In Motion ~. Biscayne Boulevard Aventura, Florida 33160 Dear Mrs. Carr: Weare requesting approval for the Two (2) Variances that are needed in order to acquire approval for the KaUer Retail Building referenced above. The First Variance is requesting an encroachment of the 10' -0" paving set back along Biscayne Boulevard to a 5' -5" paving set back. The justification for this Variance is that the Department of Transportation have widened Biscayne Boulevard by taking a portion ofland along both sides of the State Road, making the requirement very difficult to comply. The Second Variance is requesting an encroachment ofthe City of Avenura's 330'-0" driveway separation. The existing driveway is being relocated slightly to the south. The distance from the centerline of our new driveway to the centerline of Miami Gardens Drive is 241' -0" driveway separation. The justification for the Variance is that D.O.T. has reviewed the driveway separation and has approved and determined that the separation is safe and has given this Project a Drainage and Driveway Connection Permit. Should you have any questions on the items referenced above, please feel free to contact me at any time. ~...Sin~~~.~elY' i all~'Irfk~iJ1 p. .A.. . '- . i 'YJ TtlWic../ {ose B. KaUer President EXHIBIT 1 01-VAR-07 2417 Hollywood Blvd. Hollywood, Florida 33020-6605 (954) 920-5746 phone (954) 926-2841 fax kaller@bellsouth.net www.kallerarchitects.com BROWARD COUNTY 8'_'_'_--, ," DADE COUNTY:: :. :. :. :. :. o. :. :. :. :. :. :. IVES DAIRY RD, :. >-= S I UJ X o ~ MIAMI GARDENS DR, n'" 'IT L'":'': ~':-: '-:ho ~.~ .........::.I"'t' ~ .~~ ~~._.- Gulfsrream YACHT CLUB DR. . ~~ .1 MARINA . /~/) g~V&E :'~U ((~ \NEB \f'Jp..'{ : ! ~ . \ I ~ . WATERWAYS J~;J 207 S1 r~ COUNTRY CLUB DR . ' . I I o. :. :. :. :. :. :. ,. o. :. o. ,. :. :. AVENTURA 'O\,.\JQ FireD D Rescue Aventura Station Library o. o. :. , '. :. :. o. :. :. '. o o. o o. :. o. ,. :. :. :. :. :. o. :. :. :.. :.. /" Aventura Mall 192 ST 192 ST 191 ST Loehmann's Fashion u.i Island ~ ()) 188 ST C\J Maule Lake LEGEND . . .' .~~~~;. . ..,.,;.,'1.<<.,'.";,',.,.:,;;.,.;:,:/" .:. .;',' """"" ~. -- o > -.J (lJ 2: <l: W o o ci > -J (lJ 2: <l: L1.J o o City Boundary ZIP Code Boundary Railroad ...... EXHIBIT 2 01-VAR-07 @""". i .. jl , "\ ""'-J' OI>y'tl',........ 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 authorized representative of the individual or entity applying for the Development Permit, which is identified in the accompanying application, and the owner of the property subject to the application (if different) hereby lists and identifies all persons representing the individual or entity applying for the Development Permit in connection with the application, as follows: Chlr kb fu~J!{t\~U ~) ~.{... (Ccf'~~(- 1.105(1# ~. fLALLtt, - . Relationship (i,e, Attorneys, Architects, Landscape Architects, Engineers, Lobbyists, Etc) ~ ~J -Er4reeJ~- L()j)~b~ C1h0hl~Q:t.. A~ ~ 6Iif~ ~ ~(r ~ (Attach Additional Sheets If Necessary) '" Name , i NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND TIiE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT nos 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. WITNESS MY HAND THI~ DAY M c1Ad , 200!F tfIf' ?REP IE~~~IV PfJIJA~T: OWNER ~/'-U-..7 ,. rY lLtP.i I By: ~c, .,. , _ fJ tmureb. fLMLtf., Na:: (Sign%~a...c. )Lvh-z /;-t1 _ . j IJ .Alfrl4-r~. (Prin~ _ ~ Title: (n.-iYK.,./' /) 1'1 . , 10 '. ().,... tJ /" Address: "" ' ' ;. Address: to 117 .Alt."; , of +'v{ l....fty'\ e _1t:JL(}//JJro~ rUJflVLS!lilO fW~ i fr .:;~n STATE OF FLORIDA ) COUNTY OF MIAMI DADE) WLC:O-,1Ld..... JlbQ.p.At!...a ULL/ Before me the undersigned authority personally appeared mav,o 4( t.e.v as the authorized representative of the Applicant and/or the owner of the property subject to the application, who being first by m~ ~i,-,-d ~~rm that he/sh....e. executed this Affidavit for the purposes stated therein and that it is true and correct. .' 4.~ /t' ""~. I ~I f' AFFIA ' ~: - SWORN TO AND SUBSCRIBED BEFORE ME thiso:Yday ofL{ )('{U~fL ;""r By: AUTHO Name: Title: ota ublic State of F. Printed Name of Notary My commission expires: Notary Public Stale of Florida Laurie Yoder My Commission 00290483 Expires 0211212008 J>oJIoY ~~ .J . ~~,:.i ~Of ,..c1' &,...... : ..,:; . . ii' "'", .,j' ~'U.f1~ BUSINESS RELATIONSHIP AFFIDA VIT* 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) X 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 a 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 as follows: [ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or 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; [ ] iv, A City Commissioner or Board member is a Client of the Applicant or Representative; [] v, The Applicant or Representative is a Customer of the member 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 employer) in a given calendar year; [ ] vi. The member of the City Commission or Board is 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 ~ DAY OF fJil1111 A ,200~ (Signature) (Print) (Print) WITNESS MY HAND THIS~ DAY OFUi !1A (I tc. PROPERTY OW~ER: . ~' BY:~ C~ Name: V\'\A- (L.-. c ~~'L- Title: tn-.rY\.J:L. By: Nam / Title: ,2001f~ -~ tsignature) (Print) (Print) 'The terms "Business Relationship," "Client," "Customer," "Applicant." "Representative" and "Interested Person" are defined in Section 2-395 of the Aventura City Code. NOTARIZATION PROVISION STATE OF FLORIDA ) ..l. "'- COUNTY OF M!M1I [I:.Il!::) ~LlXlA.6l ' Before me, the undersigned authority, personally appeared ~ I(/JjlfY he/she executed this Affidavit for the purposes stated therein and that it is true and correct. (. ,AF SWORN TO AND SUBSCRIBED before me this cJ.taay of Ii aWL200_t! Notary Public Slate 0! : ':l " Printed Name of Nota il. ~ Laurie Y~r. My commission expires: il ~ c: df My CommISSIOn D;: ----------------------------------.----------------.---------.-------------------------------------------------------------.m------------------------------.-------:l",.._:.__'-__~________!;!P~2l121.2.Q.lL-~:-- = STATE OF FLORIDA ) /1 ~ 1>. ~ COUNTY OF MI:.r.ll 11.. .tiE) IQIUJ[t..:aW .J Before me, the undersigned authority, personally appeared f'i.tl.rlD '(OJ kr the Affiant, who being first by me duly sworn, did swear or affirm that h"", ",oc",,' I", ^'''',.'''., ,_oc _, ..,;" ,",.. ;,. ".e,", 00"'" ~~ ~ ~ . Fy -'" ( 4"\1, /AF NT SWORN TO AND SUBSCRIBED before me this~ay of i i../l)~20 -------------------------------------------------------------------------------------------------------------------------------------------------------------" Notary Public Slale of Florida Laurie Yoder My Commission 00290483 ~xp_lfes 02/1?J2098 __ STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared he/she executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant, who being first by me duly sworn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_, Notary Public State of Florida At Large Printed Name of Notary My commission expires: -----.---------------------------------------.------------------------------------------------------------------------------~-._---------~~_._~~-----~----------------------._~_._------_._-------~--~-----.~-~~- STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared he/she executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant, who being first by me duly sworn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_, Notary Public State of Florida At Large Printed Name of Notary My commission expires: ----------_._---------._-------------~--._-----~-~--------------_._------~------~---------~-_.~._-------------~---_._~----~---~----~-------~-~~_._-----------------_._-----~----------- BUSINESS RELATIONSHIP AFFIDA VIT* 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) [~ 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, I ] 2, Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a 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 as follows: [] i. Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or 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; [ I iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [] v, The Applicant or Representative is a Customer of the member 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 employer) in a given calendar year; [ ] vi, The member of the City Commission or Board is a Customer of the Applicant or Representalive and transacts more than $25,000,00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF ,200_. APPLICANT: By: Name: Title: (Signature) (Print) (Print) WITNESS MY HAND THIS DAY OF .200_. PROPERTY OWNER: By: Name: Title: (Signature) (Print) (Print) "The terms "Business Relationship," "Client," "Customer," "Applicant," "Representative" and "Interested Person" are defined in Section 2-395 of the Aventura City Code. 7 WITNESS MY HAND THIS 30 DAY OF ~ .200~ REPRESENT A TIVE: (Usted on Business Relationship Affidavit) f By~IUk-/ ~~~gnature) By: . (Signature ~ Name: ~~~ft,.v~~rint) Name: (Print) 'j litle: ~Y;e$~~ (Print) litle: (Print) 4i/,/ eX"j/vl-ee-P/ By: (Signature) By: (Signature Name: (Print) Name: . -(Print) litle: (Print) litle: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) TI1le: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) NOTE: 1) Use duplicate sheets If disclosure Information for Representative vari&s 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31.71{b){2)f1V) 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. NOT ARIZA liON PROVISION STATE OF flORIDA) AL ~. _ ^- . ...1 COUNTYOFJlI~~I.I.;'.~) ~ ~ Before me. the undersigned au1hority. personaly appe3 the Affianl who being firnt by me duly sworn. did swear or affinn that heJshe exea.rted this Affidavit for the purposes stated therein and that K is lrue and correct ~ F / ~h c,;: ~i/~ AFFIANT SWORN TO AND SUBSCRIBED before me this ~y of~ril, 200 . Public State of Florida e Laurie Yoder . y Commission 00290483 Expires 02/1212008 STATE OF flORIDA ) COUNTY OF MIAMI-OADE) Before me, the uroders<<;jned authority, pernooaOy appeared heIshe executed this AlIidavit b' the purposes stated therein and that It is lrue and correct the Affianl who being first by me duly sworn. did swear or affinn that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of 200~ Notary PubflC Slate of Florida At Large Printed Name of Notary My commission expires: STATE OF flORIDA ) COUNTY OF MIAMI-OADE) Before me, the undersigned authority, personally appeared he/she executed this AlIidavit for the purposes stated therein and that it is lrue and correct the Affiant, who being first by me duly sworn, did swear or affinn that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of 200_. Notary Public State of Florida At Large Printed Name of NoCary My COlmlissIon expires: STATE OF FLORIOA ) COUNlY OF MIAMI~ADE) Before me, the undersigned authority, personally appeared heIstle exeomd this AfIidavlt for the ptJfpOSeS stated therein and that It Is lI\Ie and correct the Affiant, who being first by me duly sworn, did swear Of aflinn that SWORN TO AND SUBSCRIBED before me this _ day of AFFIANT .200__ Notary Public Slate of Florida At Large Printed Name of Notary My c:onvnissIon expires: ~."...'. .. 'I, ._ "'- ~./ ~ ~.;;...r. BUSINESS RELA TrONSHIP AFFIDA vir de pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code, The undersigned Affiant hereby with .r: applicable portioos only) Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the applicatioo will be presented. ( ] 2, Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: serves). (List name of Commissioner or Advisory Board Member) who serves on the (List City Commissioo or City Advisory ~ard upon which member The nature of the Business Relationship is as follows: I] i. Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Representative; [ J ii. Member of City Commission or Board is a partner, co-shareholdel' (as to shares of a corporation which are not isted 00 any national or regiooal stock exchange) or joint venturer with the Appl"K:ant or Representative in any business venture; [ J 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 Commissioo or Board; [ ] iv, A City Commissioner or Board member is a Client of the Applicant or Representative; I] v. The Applicant or Representative is a Customer of the member of the City Commissioo 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 employer) in a given calendar year; I] vi. The member of the City Commissioo or Board is 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 I-WJn JHfS _ DAY OF APPUCANT: .200__ ~'"..;-,.:., By: Name: r rtIe: (Signature) (Print) (Print) WITNESS MY HAAD THIS _ DAY OF PROPERTY OWNER: .200_. By: Name: Trtle: (Signature) (Print) (Print) -roo tenns "Business Relationship," "Cflem," -QJstomer," "Appficant," "Representative" and "Interested Person" are defined In Section 2-395 of the Aventura City Code. WITNESSMYHAN THIS ~ DAYOF '~ .2001 'I By: By: (Signature '1> Na~=::~t) /_ Name: (Print) 'f.. Title: (Print) Title:~' 7~ By: (Signature) By: (Signature Name: (Print) Name: . -(Print) Trtle: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) TrtIe: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Trtle: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Trtle: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Trtle: (Print) NOTE: 1) Use duplicate sheets If disclosure Infonnation fOf Representative varies 2) Applicants and Affiants afe advised to timely supplement this Affidavit pursuant to Sec. 31-71{b)(2)f1V) of the City's Land Development Regulations In the City Code, In the event that priOf to consideration of the application by the City Board or Commission, the Infonnation provided In the Affidavit becomes Incorrect or Incomplete. NOTARIZATION PROVISION ,,/~~~._.---...,~ being first by }Ile duly sworn. did swear or affirm that STATE OF FLORIDA ) III -"'i.' . rIJ COUNTY OF M~'r.It'8lll9E) ~.Y1Vl,{_Yl/'\.Lt Before me, the undersigned authortty. peMnally appea heJshe executed lhis Affidavit lor 1he purposes stated therein and that it is true and correct. ,/ ..>-~ SWORN TO AND SUBSCRIBED before me lhis ~ day b:.rtt1~t!. A Public StMe of Florida Laurie Yodtr My Commission 00290483 , 0211212008 STATE OF flORIDA ) COUNTY OF MIAMt-DADE) Before me, the ulldersgned aulhority, peMnally appeared heIshe execuled this Midavit kx' #Ie purposes stated therein and that It is true and correct the Affianl who being first by me duly sworn. did swear or allinn that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of .2o(L Notary PubflC State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MlAMl-DADE) Before me, the undersigned aulhority, peMnally appeared helshe executed this Allidavit for 1he purposes stated therein and that it is true and correct the Affiant who being first by me duly sworn, did swear or affirm that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of 20CL Notary Public Sla1a or Fklrida M Large Printed Name of NoIaIy My oommisslon expires: STATE OF FLORIOA ) COUNTY OF MIAMI-ilADE) Before me, #Ie undersgned authority, personafty appeared heIshe executed this AftidavIt kx' #Ie JlUlP(lSeS stated lhereln and that It is We and correct. 1he Aftiant. who being first by me duly sworn, did swear or al!ilm that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of .200_. Notary pubrlC State of Florida At Large PTinted Name of Notary My ~ expires: RESOLUTION NO. 2007-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-171(a)(7) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A 5'5" PARKING PAVEMENT SETBACK, WHERE A MINIMUM 10' SETBACK IS REQUIRED BY CODE; AND GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-172(c)(2) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A LANDSCAPED DRIVEWAY SEPARATION OF 130', WHERE A MINIMUM SEPARATION OF 330' IS REQUIRED BY CODE FOR PROPERTY LOCATED AT 18450 BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned B2, Community Business District; and WHEREAS, the applicant, Mario Kaller, through Application No. 01-VAR-07, is requesting a variance from Section 31-171(a)(7) of the City's Land Development Regulations to allow a parking pavement setback of 5'5", where a minimum 10' setback is required by Code; and a variance from Section 31-172(c)(2) to allow a landscaped driveway separation of 130', where a minimum separation of 330' is required by Code. 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 A VENTURA, FLORIDA, THAT: Resolution No. 2007-_ Page 2 Section 1. Application for a variance from Section 31-171(a)(7) of the City's Land Development Regulations to allow a parking pavement setback of 5'5", where a minimum 10' setback is required by Code; and a variance from Section 31-172(c)(2) to allow a landscaped driveway separation of 130', where a minimum separation of 330' is required by Code, on property legally described as follows: Portion of Tract A of Legg 184, according to the plat thereof as recorded in Plat Book 129, Page 59 of the Public Records of Miami-Dade County, Florida, City of Aventura, more particularly described in Exhibit "A" is hereby granted, subject to the following conditions: 1. Plans shall substantially comply with those submitted as follows: . "Kaller Retail Building", Cover Sheet, prepared by Joseph Kaller & Associates P.A., signed and sealed 4/2/07 . Sketch of Survey, Sheet 1 of 1, prepared by Cousins Surveyors & Associates Inc. dated 12/21/06, last revised 01/08/07, signed and sealed. . "Kaller Retail Building", Planting Plan, Sheet L-1, prepared by Dave Bodker Landscape Architecture/Planning Inc., dated 8/21/06, last revised 3/29/07, signed and sealed. . "Kaller Retail Building", Site Plan, Sheet SP-1, prepared by Joseph A. Kaller & Associates Inc., dated 10/06/06, revised 04/02/07, signed and sealed 4/2/07. . "Kaller Retail Building", Floor Plan, Sheet A-1, prepared by Joseph A. Kaller & Associates Inc. dated 10/06/06, revised 04/02/07, signed and sealed 4/2/07. . "Kaller Retail Building", Building Elevations, Sheet A-2, prepared by Joseph A. Kaller & Associates Inc., dated 10/06/06, revised 04/02/07, signed and sealed 04/02/07. . "Kaller Retail Building", Building Elevations, Sheet A-3, prepared by Joseph A. Kaller & Associates Inc., dated 10/06/06, revised 04/02/07, signed and sealed 04/02/07. 2. Permits shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. 3. Prior to issuance of a building permit, the applicant shall provide a signed Lease with FEC Railway for the installation of four (4) proposed parking spaces and landscaping to the west of the property limit; such lease to be continued on an Resolution No. 2007-_ Page 3 annual basis. The applicant shall provide a copy of the annual renewal of lease to the City. 4. Prior to issuance of a building permit, the applicant shall record this resolution in the Public Records of Miami-Dade County. All expenses of such recordation shall be borne by the applicant. 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. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner I and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Luz Urbaez Weinberg Vice Mayor Michael Stern Mayor Susan Gottlieb Resolution No. 2007-_ Page 4 PASSED AND ADOPTED this 1st day of May, 2007. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEG rfv7j ~ CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this _ day of ,2007. CITY CLERK Resolution No. 2007-_ Page 5 EXHIBIT "A" LEGAL DESCRIPTION A portion of Tract A of Legg 184, according to the plat thereof as recorded in Plat Book 129, Page 59 of the Public Records of Miami-Dade County, Florida, being more particularly described as follows: Begin at the northwest corner of said Tract A; Thence run South 78 degrees 32 minutes 43 seconds East along the north line of said Tract A for a distance of 59.05 feet to a point on the arc of a circular drive, concave to the west, the center of which bears North 76 degrees 20 minutes 45 seconds West from said point; Then run Southerly along the arc of said curve, having a radius of 5647.58 feet, through a central angle of 01 degrees 09 minutes 46 seconds for an arc distance of 114.60 feet to a point; Then run North 76 degrees 18 minutes 50 seconds West along the south line of said Tract A for a distance of 61.45 feet to the southwest corner of said Tract A; Then run North 15 degrees 29 minutes 40 seconds East along the west line of said Tract A for a distance of 112.35 feet to the point of beginning. 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Q _, ~o( . ~.~ v OJ ~~ ~~ t ,,~ -~ I! ~ 1 i'i~ J z ~ W ...J W ~ ::J o Vl 9 ;... -" u..; ...J LS Vl i II ~ I ~ ~! ~ s~ s. b, ~ T ,/211-( ~ l If d .~ Jf~ .a.t: ."u~............,.,..~....,,,,,,,,,,,....,,.,,.._ z o ~ ~ ...J W ~ 3: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICM DATE: March 12, 2007 SUBJECT: Proposed Amendment to City Occupational License Tax Ordinance 1st Reading April 10, 2007 City Commission Meeting Agenda Item gA 2nd Reading May 1, 2007 City Commission Meeting Agenda Item SA RECOMMENDATION It is recommended that the City Commission adopt the enclosed proposed Ordinance which has been drafted by the City Attorney, in order to amend the City's occupational license tax ordinance to conform to an amendment to Chapter 205, Fla. Stat., which was made effective on January 1, 2007, BACKGROUND Effective January 1, 2007, the state legislature amended municipal occupational license tax provisions of Chapter 205, Fla. Stat., to delete references to "licenses" and to characterize the municipal occupational license tax as a "local business tax" for which a "receipt" is issued. The legislature made this change because it found that certain persons throughout the State of Florida were using the term "licenses" as a vehicle to falsely indicate to consumers that the business had been determined to be qualified and competent to provide certain services. The amended provisions of Chapter 205, Fla. Stat., clarify that the local occupational license is simply a local business tax and that persons who pay the tax receive a receipt, rather than a license. The local business tax continues to be a legislative authorized tax upon the privilege of doing business. The proposed Ordinance serves to amend the City Code, so as to conform to the revised nomenclature provisions of Chapter 205, Fla. Stat., and is effective retroactively to January 1, 2007, to coincide with the effective date of the amendments to Chapter 205, Fla. Stat. In August 2007, the annual local business tax receipt renewal process will begin for the tax period which commences October 1,2007. Memo to City Commission Page 2 Please contact me or the City Attorney if there are any questions on this matter. EMS/act Attachment cc: Teresa M. Soroka, MMC David Wolpin, Esq" City Attorney CC01568-07 ORDINANCE NO. 2007-_ AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA; AMENDING THE CITY CODE BY AMENDING ARTICLE II "OCCUPATIONAL LICENSE TAXES" OF CHAPTER 18 "BUSINESS REGULATIONS, LICENSES AND PERMITS" TO CONFORM WITH RECENT REVISIONS TO FLORIDA STATUTE CHAPTER 205 BY CHANGING THE TERM OCCUPATIONAL LICENSE TO LOCAL BUSINESS TAX RECEIPT; MAKING COLLATERAL CONFORMING AMENDMENTS TO OTHER AFFECTED PROVISIONS OF THE CITY CODE INCLUDING SECTIONS 2-348, 2-396, 14-62, 30-95, 31-21, 31-150, 31-191, 38-32, 45-35; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature amended Fla. Stat. Chapter 205 by changing the term occupational license to local business tax receipt; and WHEREAS, this change was necessitated by unscrupulous persons who presented the occupational licenses to consumers as proof of competency to perform certain services; and WHEREAS, the Commission finds that it would be prudent to change the corresponding municipal code to reflect the state law's changes. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWSl Section 1. Recitals Adopted. That each of the above stated recitals is hereby adopted and confirmed. Section 2. Chapter 18 of City Code Amended. That Article II "Occupational License Taxes" of Chapter 18 "Business Regulations, Licenses and Permits" of the City Code, I; Proposed additions to existing City Code text are indicated by underline; proposed deletions from existing City Code text are indicated by strikethrm:lgh; presently existing text is indicated by the absence of any underlining or strikethre\lghs. Ordinance No. 2007- Page 2 is hereby amended to read as follows: CHAPTER 18 BUSINESS REGULATIONS, LICENSES TAXES AND PERMITS ARTICLE II. OCCUP}~TIO}L\L LICENSE LOCAL BUSINESS TAXES* Sec. 18-31. Tax imposed. (a) Every person, as defined in F.S. S 205.022(3), engaged in or managing any business, profession or occupation in the City is required to have a City local business tax receipt license and shall, on or before each October 1, before engaging in or managing any business, profession or occupation, register with the City their name, profession or occupation, and their place of business. If October 1 falls on a weekend or holiday, the receipt lioense shall be obtained on or before the first business day following October 1. No person shall engage in or manage any such business, profession or occupation without first obtaining the required local business tax receipt occupational license. The City Manager or his designee shall develop administrative procedures relating to the issuance of local business tax receipts licenses and designate the department responsible for implementing the procedures and issuing the appropriate receipts licenses. (b) This oooupationallioense local business tax requirement shall apply to: (1) Any person who maintains a permanent business location or branch office within the City for the privilege of engaging in or managing any business within the City. (2) Any person who maintains a permanent business location or branch office within the City for the privilege of engaging in or managing any profession or occupation within the City. 2 Ordinance No. 2007- Page 3 (3) Any person who utilizes their home for uses as outlined in subsection (b)(1) or (2) of this section for authorized business activities. (4) Any person who does not qualify under the provisions of subsection (b)(1) or (2) of this section and who transacts any business or engages in any occupation or profession in interstate commerce where such license local business tax is not prohibited by section 8 of article I of the United States Constitution. (c) A person shall be required to pay a license local business tax to the City as outlined in the schedule contained in this article. A license local business tax shall be required for each type of business performed at the applicant's location that requires a separate lioense local business tax as outlined in the schedule contained in this article. Sec. 18-32. Term ofreceipt license; half year receipt license; transfer of receipt license. (a) Licenses Receipts issued under this article shall expire on September 30 of each year. No liceBse receipt shall be issued for more than one year. For each receipt lioense obtained between October 1 and April 1, the full tax for one year shall be paid, and for each lioense receipt obtained between April 1 and September 30, one-half the full tax for one year shall be paid. (b) Any lioense receipt may be transferred with the approval of the City Manager or his designee when there is a bona fide sale and transfer of the business and the property used and employed therein as stock in trade, and not otherwise. Such transfer shall be made within 30 days after such bona fide sale has taken place. If the provisions of this section are not strictly and completely complied with in every respect, the license receipt _1~ pertaining to the business shall be null and void and of no further effect. Such transfer 3 Ordinance No. 2007- Page 4 shall take effect upon payment of a transfer fee of $3.00 and after presentation of evidence of both the sale and of the original receipt lioense. (c) Upon written request and presentation of the original receipt lioense, any receipt license may be transferred from one location to another location upon payment of a transfer fee of $3.00 and upon verification that such use is permitted by the zoning district regulations at the new location. Sec. 18-33. Affidavit of applicant forreceipt license; annual filing of information. (a) No lioense receipt shall be issued or granted under this article to any applicant to engage in the business of selling merchandise at retail or wholesale or the practice or pursuit of any profession or occupation coming within any of the categories set forth in this article except upon written application filed with the City. The applicant shall execute an affidavit before an officer or employee of the City authorized to administer oaths, which shall set forth the following: (1) The applicant's name, address and telephone number. (2) The particular location in the City wherein the applicant proposes to engage in the business for which the receipt license is sought. (3) The date proposed to commence business. (4) A statement as to whether the fee is based on area, capacity, average value of stock carried, number of persons or things employed or engaged, quantity, valuation, or other contingency. (5) The names and addresses of corporate officers. (b) The affidavit shall be filed with the City. 4 Ordinance No. 2007- Page 5 (c) On an annual basis, prior to renewal, the City wHl may send out a questionnaire and will require all receipt holders licensees to fill in the appropriate information in order for the City to update its files and determine the correct amount to charge as a local business tax lioense fee. Sec. 18-34. Prerequisites for granting receipt lieense; certificate of use required; invalid receipts lieenses. (a) A certificate of use shall be required prior to the issuance of any new local business tax receipt ocel:lpationallicense. The fee for such certificate of use is $35.00. (b) No receipt license shall be granted under this article until there has been full compliance with section 18-33 and 18-34(a), and no receipt license which may have been granted without full and complete compliance with the provisions of this article shall be a protection to the applicant in any civil or criminal proceeding. Sec. 18-35. Violations; penalties. (a) Any person convicted of violating this article, or of making a fraudulent return, shall be punished as provided by subsection (e) of this section, in the discretion of the court, and in addition such person shall be penalized a sum equal to 25 percent of any local business tax license fee-avoided or evaded by and through the medium of such fraudulent return. (b) Each and every day of selling or disposing of merchandise or engaging in a business or profession without making the affidavit and/or without compliance in full with all of 5 Ordinance No. 2007- Page 6 the provisions of this article shall constitute a separate and distinct violation of this article. (c) No person shall engage in or manage any business, profession or occupation without first obtaining from the City a receipt license for each separate location in the City and paying the amount set forth in this article. Any person engaging in or managing any business, occupation or profession mentioned in this article between October 1 and November 1 of each year without first having complied with the provisions of this article and paying the amount of lieense local business tax as provided for in this article shall be declared delinquent. Those receipts lieenses not renewed when due and payable and considered delinquent shall be subject to a delinquency penalty of ten percent for the month of October, plus an additional five percent penalty for each month of delinquency thereafter until paid. However, the total delinquency penalty shall not exceed 25 percent of the local business tax oee1:lpationallieense fee for the delinquent establishment. (d) A license receipt shall be required to cover each and every business advertised by sign, newspaper, magazine or otherwise. Such advertisement shall be considered evidence of conducting the business advertised and shall be a sufficient predicate for conviction by the court or other enforcement authority. Such receipt license shall be issued to cover each and every location of such business, and the assessment and amount of such license local business taxes are classified and fixed per annum unless otherwise specified. (e) Any person who violates any provision of this article shall, upon conviction, be punished by a fine not to exceed $500.00 or imprisonment in the County jail not to exceed 60 days, or both such fine and imprisonment. Each day that a violation continues 6 Ordinance No. 2007- Page 7 shall be deemed a separate violation. This article shall be subject to enforcement under the Local Government Code Enforcement Act, F.S. ch. 162. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction. Sec. 18-36. Grounds for denial of receipt license. After interview or investigation, the City shall not grant or issue a receipt license under this article to an applicant when the City has reasonable and probable grounds to believe that: (1) Information provided by the applicant is false. (2) Within the past three years the applicant committed any act which if done by any person with a local business tax receipt licensed to do bHsiness within from the City would constitute grounds for the revocation of the receipt license. Sec. 18-37. Appeal of denial of receipt license. Any person whose application for a receipt lieeFl.se under this article has been rejected shall have a right to appeal the decision of the City licensing official to the City Manager by appropriate written petition. Sec. 18-38. Revocation of receipt license. (a) Notwithstanding any other section in this article to the contrary, the privilege of doing business within the City allowed by the issuance of a local business tax receipt oocupational lieense will be subject to a summary administrative revocation by one 7 Ordinance No. 2007- Page 8 written 30-day notice of revocation issued to the local business tax receipt license applicant by the official designated by the City Manager, if it is determined that one or more of the following conditions exist: (1) Repeated violations of this Code. (2) Misrepresentations in the application or affidavit. (3) Use of the business location for illegal or unsafe activities. (4) Use of the business location for activities not contemplated in the application. (5) Misrepresentations made to the City during the application and investigation process. (6) Use of the business not in compliance with the conditions of the receipt lioense. (7) Lack of refuse collection or utility services. (b) Such revocation may be appealed to the City Manager within ten days of notice of revocation. (c) Such revocation of receipt license will be deemed to relate back to the original time of issuance of such receipt license as if the receipt lioense had been originally denied at the time of application. Such revocation will be effective immediately. In addition to the grounds listed in subsection (a) of this section, the City Commission or City Manager at any time may revoke a receipt license, upon providing written notice and hearing, for violation of any ordinance of the City or law of the State or County or for any other good and sufficient reason in the interests of health, safety and welfare. (d) Nothing in this section shall affect the liability of any person or business as required by section 18-35. 8 Ordinance No. 2007- Page 9 Sec. 18-39. Display of receipt license. All persons to whom receipts lieenses are issued pursuant to this article shall cause the receipts licenses to be displayed at all times in a prominent place in their business establishments. Failure to display the receipt license in such a manner shall constitute a violation ofthis article. Sec. 18-40. Unclassified business categories. If application is made for a local business tax receipt fl occupational license not specifically enumerated in the tax schedule, the City Manager or his designee shall have the authority to determine the most nearly similar category that shall apply to the applicant. Sec. 18-41. Home occupation receipts licenses. (a) Generally, For purposes of this section, the term "home occupation" shall mean a business or occupation conducted for limited business activities. In any instance where a residential unit is used to conduct a home business consistent with this section, a home use receipt lioense shall be required. No home use business receipt lioense issued pursuant to this article shall be transferable, assignable or otherwise alienable. (b) Permitted activities. The following limited business activities are permitted subject to a home use receipt license being issued: (1) Post and receive correspondence of a business nature, (2) Initiate and receive business communications by telephone or fax. 9 Ordinance No. 2007- Page 1 0 (c) Conditions. The issuance of a home use business receipt license shall be subject to the following provisions: *** Sec. 18-42. Tax schedule. For the purposes of this article, inventory shall mean the average selling value of annual inventory owned by the business, exclusive of excise tax. Local business occupational lieense taxes for the following business, occupations and/or professions are hereby levied and imposed: *** Section 4. Section 2-348 of City Code Amended. That Section 2-348 "Schedule of civil penalties" of Chapter 2 "Administration" of the City Code, is hereby amended to read as follows: Sec. 2-348. Schedule of civil penalties. (a) The following table outlines the sections of the Code, as they may be amended from time to time, which may be enforced pursuant to the provisions of this article, and the dollar amount of civil penalty for the violation of these sections as they may be amended. These penalties shall be in addition to any and all other legal remedies which may be available to the City. Each description of violation in the schedule is for informational purposes only and is not meant to limit or define the nature of the violation or the subject matter of the listed Code sections. To determine the exact nature of the activity proscribed or required by the Code, the relevant Code section must be examined. 10 Ordinance No. 2007- Page 11 ~. (b) The following is the schedule of civil penalties: TABLE INSET: Code Description of Violation Initial Civil Penalty Sec. Failing to comply with oec\:lpationallieense local $250.00 and revocation of 18-31 business tax receipt requirements license receipt *** Section 5. Section 2-396 Of Chapter 2 Amended. That Section 2-396 "Further Ethics Standards; prohibitions and restrictions" of Chapter 2 "Administration" ofthe City Code, is hereby amended to read as follows: Sec. 2-396. Further ethics standards; prohibitions and restrictions. (a) Certain appearances, work or payment prohibited. Pursuant to section 2-11.1(m) of the Miami-Dade County Code and as further specified herein: (1) No member of the City Commission shall appear before any City department, board or agency and make a presentation on behalf of a third person with respect to any application, license, local business tax receipt. contract, certificate, ruling, decision, opinion, rate schedule, franchise, or other benefit sought by the third person. *** 11 Ordinance No. 2007- Page 12 (b) Continued restrictions after City service. Pursuant to section 2-11.1 (q) of the Miami-Dade County Code and as further specified herein, no member of the City Commission shall, for a period of two years after his or her City service has ceased, lobby the City Commission or any City Officer, department personnel or employee in connection with any quasi judicial, judicial or other proceeding, application, purchasing RFP, RFQ or Bid, request for ruling, or other determination, contract, claim, controversy, charge, accusation, municipal ordinance violation, arrest or other particular subject matter in which the City or one of City's agencies, boards or instrumentalities is a party or has any interest, whether direct or indirect. However, nothing contained in this subsection (b) shall prohibit any individual included within the provisions of this subsection (b) from submitting a routine administrative request or application to a City department or agency during the two years after his or her City service has ceased. The term "routine administrative requestor application", as used herein, means an application for a building permit, local business tax receipt oeeapational license, regular city recreation facility or park public use permit request, under those circumstances where no variance, waiver or special privilege is requested. Section 6. Section 14-62 of Chapter 14 Amended. That Section 14-62 "Registration" of Chapter 14 "Buildings and Building Regulations" of the City Code, is hereby amended to read as follows: Sec. 14-62. Registration. All contractors performing work within the municipal boundaries of the City, or who have made application for building permits from the City, shall be required to 12 Ordinance No. 2007- Page 13 register annually with the City. All such contractors shall register with the City Community Development Department at the time of the renewal of their local business tax receipt oool:lpationallicense or within seven days thereof, or prior to the application for a building permit, whichever applies. Registrations must be renewed annually on or before September 30th for the following fiscal year. Requirements for registration shall be as follows: (1) The qualifier for the contractor must provide each of the items listed in this paragraph. Such qualifier must personally appear at the City's Community Development Department for the purpose of registration unless the qualifier does not have a principal place of business located in the State. a. A current certificate of competency. b. A current liability and workers' compensation certificate of insurance, addressed to the City. c. (i) If licensed by Miami-Dade County, both a State registration and Miami-Dade County registration are required; or (ii) Current State certificate (if State-certified contractor) . d. A current local business tax receipt oocupational lioense from the area of primary business. If Coffilty licensed, he must also pro'/ide a municipal oocupationallicense. *** Section 7. Section 30-95 of City Code Amended. That Section 30-95 "Collection of stormwater utility fee; liens" of Chapter 30 " Environment" of the City Code, is hereby amended to read as follows: Sec. 30-95. Collection of stormwater utility fee; liens. 13 Ordinance No. 2007- Page 14 *** (b) For the purpose of calculating stormwater utility fees, the calculation of ERUs is based upon property usage. The property usage shall be determined by the City based on, but not be limited by, State and County land use codes, local business tax receipts occupational licenses and site inspections. *** Section 8. Section 31-21 of City Code Amended. That Section 31-21 "Definitions" of Chapter 31 "Land Development Regulations" of the City Code, is hereby amended to read as follows: Sec. 31-21. Definitions. "',\..- For the purposes of this chapter, the following words, terms and phrases shall have the meaning herein set out. When these definitions include restrictions, conditions or limitations, such restrictions, conditions or limitations shall be subject to enforcement upon the same basis as other provisions of these Land Development Regulations. *** Hotel shall mean a commercial establishment which provides temporary overnight sleeping accommodations for the general public. No more than five percent of the individual hotel units shall be occupied for more than 90 continuous days by the same occupant of the hotel unit (the "duration of stay restriction"). It shall constitute a violation of this duration of stay restriction to allow any person to attempt to circumvent this 14 Ordinance No. 2007- Page 15 ,'lIi~ provision by: relocating to another unit in the same hotel; or by allowing a person to temporarily check out of the hotel and subsequently re-register or check back into the hotel for such purpose. Principal access to all rental rooms shall be through an inside lobby or office supervised by a person in charge at all hours. Other typical hotel services must be offered including daily linen and maid service, and receipt and disbursement of keys and mail by the attendant at the desk in the lobby or office, for the occupants of the hotel. No hotel facility shall be converted to or used as a multi-family residential dwelling. Compliance with the restrictions, conditions or limitations set forth in this definition, shall be certified by the licensee receipt holder at the time of issuance and renewal of the applicable City occNpationallicense local business tax receir>t. Section 9. Section 31-150 ofCitv Code Amended. That Section 31-150 "Specific Use Regulations" of Chapter 31 "Land Development Regulations"of the City Code, is hereby amended to read as follows: Sec. 31-150. Specific use regulations. The specific conditions set out below shall be applied to each proposed use during conditional use and site plan review. *** (11) Warehouse-self storage. A warehouse-self storage facility shall not be permitted to contain businesses which require a occupational license local business tax receipt for the premises. No wholesale or retail sales are permitted. "Self-service storage facility" shall be defined as a fully enclosed space used for warehousing which contains individual 15 Ordinance No. 2007- Page 16 storage units with floor area no greater than 400 square feet and an interior height not to exceed 12 feet. *** Section 10. Section 31-191 ofCitv Code Amended. That Section 31-191 "Sign regulations generally"of Chapter 31 "Land Development Regulations" of the City Code, is hereby amended to read as follows: Sec. 31-191. Sign regulations generally. *** (b) Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandoned sign: A sign is considered abandoned if the business or other use advertised on that sign is no longer licensed, no longer has an oocupationallioense local business tax receipt or is no longer doing business at the location to which the sign pertains. *** (h) Temporary signs. The following temporary signs are authorized in the City: (1) Grand opening banner: TABLE INSET: 16 Ordinance No. 2007- Page 17 Residential District Nonresidential District Approvals City Manager. City Manager. necessary: Number One per establishment per calendar One per project. (maximum): year in a multi-tenant center. Sign area 30 square feet. 30 square feet. (maximum): Sign height F our feet. Four feet. (maximum): 14 consecutive days after issuance 14 consecutive days after issuance of Length of of initial occupationallioonso local initial occupational license local display: business tax receipt. business tax receipt. Frequency: One per year. One per year. Sign copy shall only include Sign copy shall only include "Grand "Grand Opening" and the name of Opening" and the name of the Other the project. Signs shall indicate project. Signs shall indicate restrictions: expiration date on lower right hand expiration date on lower right hand comer. comer. *** 17 Ordinance No. 2007- Page 18 (m) Removal of improper signs. *** (3) Removal or repair costs, Costs incurred by the City in removal or repair of a sign shall be charged to the real property owner on whose property the sign is located. The City shall assess the entire cost of such demolition, removal or repair, which assessment shall include, but not be limited to, all administrative costs, postal expenses and newspaper publication costs. Such charge shall constitute a lien upon such property. The City Clerk shall file such lien in the County's official record book showing the nature of such lien, the amount thereof and an accurate legal description of the property. No ooeupationallicense local business tax receipt shall be approved for such a property until the full amount associated with the lien, or the full amount in the event no lien has yet been filed, has been paid to the City by the property owner. Section 11. Section 38-32 of City Code Amended. That Section 38-32 "Franchise required" Chapter 38 "Solid Waste" of the City Code, is hereby amended to read as follows: Sec. 38-32. Franchise required. (a) It shall be unlawful for any person to remove, collect and transport for disposal, from any commercial establishment, multifamily residential establishment or residential unit in the City, solid waste or recyclable material over the streets or public rights-of-way within 18 Ordinance No. 2007- Page 19 the incorporated area of the City without first applying for and receiving the appropriate solid waste franchise from the City to carryon such business. (b) The franchise required by this section shall be in addition to any other permits, registration or occupational license local business tax receipt which may be required by federal, state or local law. Section 12. Section 45-35 of City Code Amended. That Section 45-35 "Fees and payments" of Chapter 45 "Telecommunications" of the City Code, is hereby amended to read as follows: Sec. 45-35. Fees and payments. (a) In consideration for the rights, privileges and permIssIon granted hereunder, a registrant hereunder shall pay to the City annually a sum equal to one percent of gross receipts of the registrant on recurring local service revenues for services provided within the corporate limits of the City. Included within such one percent maximum fee or consideration are all taxes, licenses, fees, in-kind contributions accepted pursuant to F.S. g 337.401~ , and other impositions except ad valorem taxes and amounts for assessments for special benefits, such as sidewalks, street pavings, and similar improvements, and oooupational license local business tax receipt tffites levied or imposed by the City upon a registrant. In the event that applicable law currently permits or is amended to permit the City to collect a fee higher than one percent, or permits the City to calculate the fee on revenues not specified herein, the registrant agrees to increase, following written notice from the City, its fee payments to the City to that 19 Ordinance No. 2007- Page 20 ~ higher amount on the effective date of such law. In the event applicable law is amended to require the City to collect a fee lower than the current statutory limit, the City shall take all necessary steps to conform the requirements hereof to applicable law. All of the aforestated payments shall be made to the City quarterly, with such payments made within 20 days following the end of each calendar quarter. Payments received after the 31st day shall be subject to interest at the maximum allowed by law. *** Section 13. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in f'~ effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 14. Inclusion in the Code. That it is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of A ventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "0 rdinance" shall be changed to " Section" or other appropriate word. Section 15. Effective Date. That this Ordinance shall be effective retroactively from and after January 1, 2007. 20 Ordinance No. 2007- Page 21 The foregoing Ordinance was offered by , who moved its adoption on first reading. This motion was seconded by , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Luz Urbaez Weinberg Vice Mayor Michael Stern Mayor Susan Gottlieb who The foregoing Ordinance was offered by Commissioner 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 Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Luz Urbaez Weinberg Vice Mayor Michael Stern Mayor Susan Gottlieb PASSED AND ADOPTED on first reading this 10th day of April, 2007. 21 Ordinance No. 2007- Page 22 ATTEST: PASSED AND ADOPTED on second reading this 1 st day of May, 2007. Susan Gottlieb, Mayor Teresa M. Soroka, MMC City Clerk Approved as to Form and Legal Sufficiency: ;vI~ City Attorney f'\ 22 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: er TO: DATE: SUBJECT: Ordinance Amending 2006/07 Cha er School Fund Budget 1 st Reading April 1 0, 2007 City Commission Meeting Agenda Item g B 2nd Reading May 1, 2007 City Commission Meeting Agenda Item ff RECOMMENDATION It is recommended that the City Commission approve the attached Ordinance amending the 2006/07 Charter School Fund Budget. The total amount of the amendment is $280,200. BACKGROUND The attached document has been prepared as a clean-up amendment prior to the end of the fiscal year on June 30, 2007. The majority of the new revenue amounts are offset by corresponding expenditures for school operations. REVENUES 1. Recognizes $106,200 from the State of Florida for bonus and school enhancement funds for being recognized as an A rated school and higher than anticipated revenue amounts. 2. Recognizes $44,000 in additional revenue for bus transportation. 3. Recognizes additional revenues from the billboard advertising and school impact fees in the amount of $30,000. 4. Recognizes $50,000 more in revenues derived from fees associated with school field trips. This is offset by direct expenditures associated with field trips, Memo to City Commission Page 2 5. Recognizes additional funding for carry over balances from the prior fiscal year. EXPENDITURES 1. Disburses $79,200 throughout the various school activity budgets for additional teacher bonuses and school enhancement programs relating to the "A" rated state funds. 2. Increases the various teacher salary amounts by $55,000 in order to implement the salary adjustments approved for December 2006 to meet the Miami-Dade teacher pay plan. 3. Increases transit costs by $17,000 to provide for the additional bus to accommodate increased ridership at the beginning of the school year. 4. Increases the field trips line item by $25,000 in the amount of revenues actually received during the year. 5. Increases the Electricity line item by $39,000 to correct an under budgeted account. 6. Increases the building maintenance contract line item by $30,000 to correct an under budgeted account as a result of the opening of the Middle School wing. 7. Increases the building maintenance line item by $35,000 to address the following school building improvement projects: . Repair the playground area. . Correct drainage issues. . Repair air conditioning units. . Replace carpeting with tile in administrative area. If you have any questions, please feel free to contact me. EMS/act Attachment CC01567-07 ORDINANCE NO. 2007-_ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2006-08, WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2006/07 (JULY 1 - JUNE 30) BY REVISING THE 2006/2007 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; 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 the Aventura City of Excellence School and upon the recommendations of the City Manager (and the concurrence of the Finance Support Services Director as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 2006/2007 Operating and Capital Budget of the Aventura City of Excellence 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. 2006-08, which Ordinance adopted a budget for the 2006/2007 fiscal year for the Aventura City of Excellence School by revising the 2006/2007 budget as Ordinance No. 2007- Page 2 set forth on the attached Exhibit "A" , which exhibit is deemed incorporated by reference as though set forth in full herein. 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 Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Luz Urbaez Weinberg Vice Mayor Michael Stern Mayor Susan Gottlieb 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 Zev Auerbach Commissioner Bob Diamond Commissioner T eri Holzberg Commissioner Billy Joel Commissioner Luz Urbaez Weinberg Vice Mayor Michael Stern Mayor Susan Gottlieb 2 Ordinance No. 2007- Page 3 PASSED AND ADOPTED on first reading this 10th day of April, 2007. PASSED AND ADOPTED on second reading this 1 st day of May, 2007. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFIC~Y: H~~ CITY A TIORNEY 3 EXHIBIT A Budget Amendments CHARTER SCHOOL FUND 190 Revenues State Shared Revenues 3359800 Transportation 91,962 44,000 $ 135,962 3359100 Florida Education Finance Program 4,312,333 106,200 4,418,533 SUBTOTAL $ 4,404,295 $ 150,200 $ 4,554,495 Misc Income 3665000 Other Private Sources 110,000 30,000 140,000 3661955 Field Trips 75,000 50,000 125,000 SUBTOTAL $ 185,000 $ 80,000 $ 265,000 Other Non- Revenue 3999000 Beginning Surplus 270,000 50,000 320,000 SUBTOTAL $ 270,000 $ 50,000 $ 320,000 Total Amendments-Revenues Expenditures K-3 5290 Materials & Supplies $ 20,000 $ 6,200 $ 26,200 1220 Teacher 744,060 25,000 769,060 1502 Bonus 10,500 23,000 33,500 SUBTOTAL $ 774,560 $ 54,200 $ 828,760 4to 8 1220 Teacher $ 1,026,694 $ 25,000 $ 1,051,694 1502 Bonus 8,500 24,000 32,500 SUBTOTAL $ 1,035,194 $ 49,000 $ 1,084,194 ESP 1502 Bonus $ 2,000 $ 6,000 $ 8,000 SUBTOTAL $ 2,000 $ 6,000 $ 8,000 Substitute Teachers 1220 Teacher $ 53,561 $ 5,000 $ 58,561 1502 Bonus $ 1,000 $ 3,000 $ 4,000 SUBTOTAL $ 54,561 $ 8,000 $ 62,561 Media Center 1502 Bonus 500 2,000 2,500 SUBTOTAL $ 500 $ 2,000 $ 2,500 ,,<'- School Administration 4855 Events & Prog/Field Trips $ 100,000 $ 25,000 $ 125,000 EXHIBIT A 1502 Bonus 8,000 15,000 23,000 SUBTOTAL $ 108,000 $ 40,000 $ 148,000 Pupil Transit Services-7800 3190 Prof & Tech Services 158,000 17,000 175,000 SUBTOTAL $ 158,000 $ 17,000 $ 175,000 Operation of Plant 4301 Electricity $ 96,000 $ 39,000 $ 135,000 4635 Repairs & Maintenance 30,733 35,000 65,733 4620 Building Maintenance 90,000 30,000 120,000 SUBTOTAL $ 216,733 $ 104,000 $ 320,733 TOTAL Total Amendments-Expenditures A6ENbA 1TeJ'\\ ~-~ ORDINANCE NO. 2007-_ AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2007/08 (JULY 1 - JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The 2007/2008 Operating and Capital Improvement Program Budget for the Aventura City of Excellence School, a copy of said budget being attached hereto and made a part hereof as specifically as if set forth at length herein, be and the same is hereby established and adopted. Section 2. Expenditure of Funds Appropriated in the Budqet Authorized. Funds appropriated in the Budget may be expended by and with the approval of the City Manager in accordance with the provisions of the City Charter and applicable law. Funds of the City shall be expended in accordance with the appropriations provided in the Budget adopted by this Ordinance and shall constitute an appropriation of the amounts specified therein. Supplemental appropriations or the reduction of appropriations, if any, shall be made in accordance with Section 4.07 of the City Charter. Section 3. Budqetarv Control. The Budget establishes a limitation on expenditures by department total. Said limitation requires that the total sum allocated to the Charter School department for operating and capital expenses may not be increased or decreased without specific authorization by a duly-enacted Resolution affecting such amendment or transfer. Therefore, the City Manager may authorize transfers from one Ordinance No. 2007-_ Page 2 individual line item account to another, so long as the line item accounts are within the same department and fund. Section 4. Personnel Authorization. The "Personnel Allocation Summary" enumerates all authorized budgeted positions. However, the City Manager may amend said authorized budgeted positions in order to address the operating needs of the department so long as sufficient budgeted funds are available. Section 5. Grants and Gifts. When the City of Aventura receives monies from any source, be it private or governmental, by Grant, Gift, or otherwise, to which there is attached as a condition of acceptance any limitation regarding the use or expenditures of the monies received, the funds so received need not be shown in the Operating Budget nor shall said budget be subject to amendment of expenditures as a result of the receipt of said monies, but said monies shall only be disbursed and applied toward the purposes for which the said funds were received. To ensure the integrity of the Operating Budget, and the integrity of the monies received by the City under Grants or Gifts, all monies received as contemplated above must, upon receipt, be segregated and accounted for based upon generally accepted accounting principles and where appropriate, placed into separate and individual trust and/or escrow accounts from which any money drawn may only be disbursed and applied within the limitations placed upon the Gift or Grant as aforesaid. Section 6. Amendments. Upon the passage and adoption of the Charter School Fund Budget for the City of Aventura, if the City Manager determines that the Department Total will exceed its original appropriation, the City Manager is hereby authorized and directed to prepare such Resolutions as may be necessary and proper to modify any line item from the Budget hereby. 2 Ordinance No. 2007-_ Page 3 Section 7. Encumbrances. All outstanding encumbrances at June 30, 2007 shall lapse at that time; and all lapsed capital outlay encumbrances shall be re-appropriated in the 2007/2008 fiscal year. Section 8. Severabilitv. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 9. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Vice Mayor Stern, who moved its adoption on first reading. This motion was seconded by Commissioner Joel, and upon being put to a vote, the vote was as follows: Commissioner lev Auerbach yes Commissioner Bob Diamond yes Commissioner T eri Holzberg yes Commissioner Billy Joel yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Michael Stern yes Mayor Susan Gottlieb yes 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 lev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Luz Urbaez Weinberg Vice Mayor Michael Stern Mayor Susan Gottlieb PASSED AND ADOPTED on first reading this 19th day of April, 2007. 3 Ordinance No. 2007-_ Page 4 PASSED AND ADOPTED on second reading this 1st day of May, 2007. ~d x!t~ SAN GOTTLIEB, MAYOR RM AND LEGAL SUFFICIENCY: ~l^-~ CITY ATTORNEY 4 CITY OF AVENTURA CHARTER SCHOOL BUDGET ~eq~~6 &~JYl'~tf FISCAL YEAR 2007/08 AVENTURA CITY OF EXCELLENCE SCHOOL 3333 N E 188 TH Street Aventura, Florida 33180 Telephone: 305-466-1499 Fax: 305-466-1339 Website: www.aventuracharter.ora Board of Directors Mayor Susan Gottlieb Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg City Manager Eric M. Soroka, ICMA-CM Acting Director Julie Aim Assistant Principal Daniel Sandberg Administrative and Educational Services Provided by: Charter Schools USA CITY OF AVENTURA CHARTER SCHOOL FUND FISCAL YEAR 2007/08 TABLE OF CONTENTS TOPIC CITY MANAGER'S BUDGET MESSAGE PAGE NO. 1 BUDGET PROCESS 10 BUDGET DEVELOPMENT GUIDELINES 11 VISION STATEMENT 14 PHILOSOPHY AND ESSENTAIL ELEMENTS 14 CURRICULUM 14 PERFORMANCE CRITERIA 16 SUMMARY 19 DESCRIPTION AND ORGANIZATION CHART 20 - REVENUE PROJECTIONS 21 ACTIVITIES Expenditures: K-3 Basic 22 4-8 Basic 23 Exceptional Student Program 24 Substitute Teachers 25 Instructional Media Services 26 School Administration 27 Pupil Transit Services 28 Operation of Plant 29 Child Care Supervision 30 Capital Outlay 31 - ADOPTING ORDINANCE 32 ~ City or A ventura Government Center 19100 Wesr Country Qub DriYe AYentut'a, Rodela 33180 Office of the City Manager The Honorable Mayor and City Commission Aventura City of Excellence School Board of Directors City of Aventura Aventura, Florida 33180 RE: 2007/08 Charter School Fund Budget Message Members of the City Commission: In accordance with Article IV, Section 4.05 of the Charter of the City of Aventura, I hereby submit the proposed Budget for the Charter School Fund for the fiscal year beginning July 2007, for your review and consideration. This budget document represents the fifth year of operation of the Aventura City of Excellence School. Our goal in the development and preparation of a realistic balanced budget was to insure that the expanded middle school ,-. component and school functions were funded to provide a quality education for our students whereby lifelong learning skills are acquired. Budaet Format The format of the budget is in accordance with guidelines adopted by the State and School Board of Miami-Dade County, Florida and utilizes the school system's accounts codes as well. The proposed budget was prepared in conjunction with Charter Schools USA (CSUSA). Various meetings were held between the City, school staff and CSUSA in order to develop a balanced budget. Sianificant Factors Affectina Budaet Preparation The 2007/08 school year represents the fifth year of operations of the school. Our past has shown that we can continue to operate the school at a high level and provide quality education for our students, within the school based revenues and without outside subsidies. We have also been fortunate to have a strong business community and involved parents participate in fund raising activities for school improvements. The budget includes funds to provide an eighth grade for 100 students. This impacted the budget by $340,000 including capital outlay. ,-. City of Aventura Page 1 Charter School Fund Budget .-.. The revenues have been estimated on the conservative side, based on actions taken by the State Legislature as it related to school funding. The budget includes revenue in the amount of $125,000 from the Clear Channel agreement for proceeds from the billboard advertising. In order to retain and recruit highly qualified teachers and staff, the budget reflects the implementation of a pay plan that to coincide with the Miami -Dade County school system. In addition returning teachers will be rewarded with a service bonus based on years of service. Mirroring national industry trends, we will experience significant increases in health insurance premiums. In our quest to provide technology to our students, funds were allocated to provide computers in each classroom that will be utilized for eighth grade. In addition, each classroom will be equipped with a "smart board" teaching aide to provide for interactive teaching and learning opportunities. In order to address the Florida Class Size Mandate Legislation, funding has been included to provide for additional teacher positions to participate in the Literacy Team and the establishment of a capital reserve fund to provide seed money for the possible expansion of the school. The overall budget increased by 13.7%. This is due to the addition of the eighth grade and establishment of the capital reserve fund. The budget includes funding for lease payments to the Debt Service Fund to pay annual costs associated with the long term debt borrowed for the ~ construction of the elementary school wing. It is important that we continue to maximize the school dollars as much as possible and maintain efficient use of budgeted funds. Expansion of the Middle School Component The following represents the key points relating to the addition of the eighth grade and expansion of the middle school operations: . Six fulltime teachers will be added for the core classes of Language Arts, Math, Science, American History, Spanish and the elective that includes Physical Education. A teacher from the Exceptional Student Program Activity was reassigned to the Literacy Team. A Teacher's Aide position was also added. . Intramural Sports Program will be offered for basketball, tennis and volleyball. . Seven periods of classes along with lunch and homeroom will be provided. . Each eighth grade student will be required to take five core classes (Language Arts, Math, Comprehensive Science III, American History, and Spanish), one required elective - Career Exploration and Entrepreneurship and one student selected elective (TV Production, Guitar, Web Design, Art, Journalism, and Team Sports I or II. . All at risk students will be required to take reading and all other students will be required to take Spanish. . Gifted instruction will be provided in Language Arts and Science. Math and Spanish programs will allow multiple offerings from introduction to high school credit level classes. .-.. City of Aventura Page 2 Charter School Fund Budget .,- . After school clubs and select sports programs will be provided. . The school will begin at 8:30 a.m. and end at 3:30 p.m. Summary of All Budaetary Funds The total proposed budget for 2007/08, including all operating and capital outlay, is $6,510,259. The majority of the budget is Personnel Services at $3,882,168. Operating expenditures total $1,464,569. Other Uses expenditures, which primarily represent lease payments to the Debt Service Fund to cover school construction debt payments and transfers to the General Fund, total $554,000. Capital Outlay expenditures are $609,522. The following chart shows a comparison of the department's budgets for the past two years. Total costs increased by 13.7%. Budget Category Summary Increase 2006/07 2007/08 (Decrease) % Change Revenues State Shared Revenues $4,897,052 $ 5,724,309 $ 827,257 16.9% Charges for Services 151,100 131,645 (19,455) -12.9% Misc. Income 358,000 350,000 (8,000) -2.2% ~ Other Non-Revenues 320,000 304,305 (15,695) -4.9% Total Revenues $5,726,152 $ 6,510,259 $ 784,107 13.7% Expenditures K-3 Basic $ 1,181,329 $ 1,359,558 $ 178,229 15.1% 4-8 Basic 1,495,684 1,815,627 319,943 21.4% Exceptional Student Program 309,393 269,426 (39,967) -12.9% Substitute Teachers 94,973 47,903 (47,070) -49.6% Instruct Media Services 150,551 66,570 (83,981 ) -55.8% School Administration 712,199 689,600 (22,599) -3.2% Pupil Transit Services 175,000 175,000 0.0% Operation of Plant 1,277,218 1,367,898 90,680 7.1% Child Care Supervision 144,805 109,156 (35,649) -24.6% Capital Outlay 185,000 609,522 424,522 229.5% Total Expenditures $ 5,726,152 $ 6,510,259 $ 784,107 13.7% ~ City of Aventura Page 3 Charter School Fund Budget Charter School Fund - This fund is used to account for revenues and expenditures specifically earmarked for the City's Charter School. The fund accounts for operating and capital revenues, expenditures and capital outlay. Charter School Fund Budget Revenues State Shared Revenues 88.4%~ Charges for Services 2.0% Misc. Income 5.4% Other Non- Revenue 4.2% .-. Charter School Fund Budget Expenditures School Transit Services Media Services Administration 2.7% 1.0% 10.6%\"..-_ Substitute 0.7% .,.- Operation of Plant 20.7% Exceptional Student Program 4.2% Child Care Supervision 1.7% Capital Outlay 10.1% 4.8 Basic 28.0% K.3 Basic 20.3% .-. City of Aventura Page 4 Charter School Fund Budget ---- ---- ---- Goals The 2007/08 school year represents the fifth year of operations for Aventura City of Excellence School (ACES). This past year a great deal of time and effort was expended on expanding parental involvement, intramural sport programs and identifying and working with students at risk. In 2007/08 ACES will continue to expand middle school operations to include eighth grade and related curriculum offerings. ACES will enrich a child's learning and social atmosphere through: . Safe School Campus - The City provides a fulltime certified police officer to the school that serves as the School Resource Officer. Traditional security methods including cameras are in place at the School. . Before/After School Care - The service is available from 7:30 A.M. to 8:30 A.M. and 3:00 P.M. to 6:00 P.M. every school day on a fee basis to all children attending the school. . Small Class Sizes - Kindergarten classes are limited to 20 students and all other grades are limited to 25 students. . Technology Integrated in Every Classroom - At least 4 state-of-the-art computers will be available in every classroom and 3 fully equipped computer labs including smart boards is based at the school. . Low Student-Teacher Ratio . Parental Involvement Opportunities - Parents must sign a "contract" agreeing to volunteer a minimum of 20 hours per year. . Personalized Learning Plans - Student's individual needs are assessed, instructional strategies are implemented to target individual needs and student progress is documented annually in student portfolios. . Progressive Curriculum - Standards based curriculum that adds depth and breath to subject matter above state and national standards. . Specialty Classes - Includes music, art, physical education, media, computers, foreign language and science at the elementary level and elective offerings at the Middle School. . Character-Building Education ("Living Values") . Experienced Faculty . Exceptional Student Education (ESE), English for Speakers of Other Language (ESOL), Gifted Students Programs - The budget provides 4 full time staff members to ensure the efficacy of these programs. In addition each grade level is staff with at least one teacher who has or is working on completing a "gifted certificate endorsement . Enthusiastic and Nurturing Teachers and Staff . Transportation - Students residing within 2 miles of the school site will not be eligible for transportation. Those living greater than 2 miles but less than 3.5 miles will be eligible for transportation. Students living greater than 3.5 miles must furnish their own transportation. . Physical Fitness - All elementary students have recess daily. A full size gym located next door at the City's Community Center is available to the school for physical education classes and special events in addition to an outside basketball court and track. City of Aventura Page 5 Charter School Fund Budget ",..." . Life Long Learners - A 4,000 square foot media center is equipped with a sympodium, ceiling projector, surround sound and a motorized viewing screen. The facilities capabilities are maximized daily for classroom instruction as well as special events and before school use. Revenues The revenues, available for allocation in the 2007/08 Fiscal Year, are anticipated to be $6,510,259. This is an increase of $784,107 or 13.7% compared to the prior year. Approximately $507,000 of the increase was directly related to 100 new students for eighth grade. State Shared Revenues - The amount projected for Florida Education Finance Program revenues is $5,202,820 and is based on $5,780 per student after the deductions for the transportation reimbursement component and the 2% held back by the School Board for administrative costs. School lunch reimbursement revenues are estimated to be $32,577. The transportation reimbursement amount is $136,932 and is based on 350 students requiring bus service. Capital Outlay revenue amounts are based on $391 per student. The final amount will be based on the actions of the State Legislature. Charaes for Services - The amount projected for reimbursement from the food service vendor is projected to be $6,100. After School Program includes revenues derived from fees charged for Before and After School Programs and is estimated to be $125,545. Miscellaneous Income - The total amount is $350,000. This includes revenues from the Clear Channel agreement for proceeds from the billboard advertising, field trips/special programs - revenues and fundraising activities. This is offset by specific expenditures in the budget. Other Non-Revenues - This represents anticipated fund balance amounts from the prior year's budget. Expenditures The estimated 2007/08 expenditures contained within this budget total $6,510,259 and are balanced with the projected revenues. Total expenditures are $784,107 or 13.7% higher than the 2006/07 fiscal year amount. Personnel Services Personnel Services are budgeted at $3,882,168 or 60% of the budget. Personnel Services reflects the implementation of a pay plan to coincide with the Miami -Dade County school system. In addition returning teachers will be rewarded with a service bonus based on years of service. The pay plan will continue to meet or exceed Miami-Dade County Schools. The total number of employees is 74 full time and 16 part-time compared with 67 full-time and 15 part- time positions included in last year's budget Included in the full-time positions are 60 teachers, 2 aides, 7 part-time para-professionals assisting K-3 and 1 Instructional Counselor. Eight part- time positions are utilized to provide Before and After School Programs. In addition, a Media Specialist and a computer network/technician position are included in the budget. All employees except the Principal, Vice Principal and Janitor are under contract with CSUSA. A major impact on the budget is attributed to health insurance costs. - City of Aventura Page 6 Charter School Fund Budget ~ The following outlines the staffing level comparisons to the prior fiscal year: 2006/07 2007/08 Function Job Class Full Time Part Time Full Time Part Time 5101 Teacher 20.00 22.00 Para-Professionals 5.00 7.00 Reading Specialist 1.00 1.00 Instructional Counselor 0.50 1.00 Aide 1.00 5102 Teacher 27.00 33.00 Instructional Counselor 0.50 Aide 1.00 1.00 5250 Teacher 5.00 4.00 5901 Substitute Teacher 2.00 6200 Media Specialist 1.00 1.00 1.00 7300 Principal 1.00 1.00 Vice Principal 1.00 1.00 ~ Assistant Principal 1.00 1.00 Business Manager 1.00 1.00 Administrative Secretary 1.00 1.00 Receptionist 1.00 1.00 RegistarlCompliance 1.00 1.00 Computer Network/Tech 1.00 1.00 Special Projects Coordinator 1.00 1.00 7900 Janitor 1.00 1.00 9102 Site Coordinator 1.00 PIT After School Counselor I 4.00 6.00 PIT After School Counselor II 4.00 2.00 Qperatinq Expenses The expenditures for operating expenses are $1,464,569, which represents 22% of the budget. This is $38,264 less than the prior year. The major expenses are as follows: .-.. . CSUSA education/administrative fee - $312,204 City of Aventura Page 7 Charter School Fund Budget -- . Textbooks - $119,000 . Transportation services contract - $175,000 . Other materials and supplies - $163,000 . Electricity - $145,000 . Building maintenance contract - $127,300 . Field Trip and School Events - $100,000 . Repairs and Maintenance -$57,500 . SPED Services - $46,000 Other Uses Other Uses expenditures total $554,000, primarily represent lease payments to the Debt Service Fund to cover the elementary school wing construction debt payments. Other expenditures include a contingency account and transfers to the General Fund. Capital Outlav A total of $205,000 has been budgeted for furniture, fixtures, equipment, computers and smart boards. A capital reserve fund in the amount of $404,522 has been established to provide seed money for the possible expansion of the school in order to address the Florida Class Size Mandate Legislation. This is an increase of $424,522. Summary ~ I am pleased to submit the detailed budget contained herein. The budget document and its related funding levels represent the City's continued commitment to providing a school of excellence for our community. The budget contains funding levels to address the following key objectives: . Hiring and retaining administrators and teachers who are well prepared for creating life- long learners in their students as well as acting as role models in their own quest for knowledge on the latest "best practices" in educational research to enhance their teaching abilities. . Putting into place a strong accountability system that will hold everyone at the school responsible for maximizing learning opportunities. . Creating a school climate that enables students and teachers to feel they are cared for, respected, and contributing members of the school. . A low staff-pupil ratio in order to enhance the development of the individual strengths of each student. . Establishing initial baseline assessment data to identify and measure student progress. . Providing additional staff members and costs association with providing an eighth grade. . Developing a strong parent-teacher relationship. . Maximizing the use of technology imbedded in classroom instruction as well as in a lab setting. ~ City of Aventura Page 8 Charter School Fund Budget ---. The preparation and formulation of this document could not have been accomplished without the assistance and dedicated efforts of the School's Administration and Charter Schools USA. All questions relating to the budget should be referred to my attention. Respectfully submitted, C:\I Eric M. Soroka City Manager .- .- City of Aventura Page 9 Charter School Fund Budget ,,- BUDGET PROCESS ~ Budget Preparation/Development 1. January: Meetings are held with CSUSA, Principal and City Manager to develop Goals and to discuss issues that may impact the budget for the upcoming school year. 2. February: Preliminary Revenue projections and forecasts are developed by the City Manager. The following steps are followed to project revenues: . Forecast student enrollment . The State's Florida Education Finance Program (FEFP) per student allocation is projected by the State and provided to the charter school. . Capital Outlay funding is determined by the State based on available funding. 3. March: Personnel needs are developed based on input from the Principal and staff. The following steps are utilized to forecast personnel: . Review existing staffing requirements to ensure adequate coverage for student needs and new programs. . Review salary structure to ensure competitiveness with the school district. . Benefits calculations such as Workers Compensation, Life Insurance, Health Insurance, and Pension are provided by CSUSA and developed for each qualifying employee 4. April: Individual expenditure line items are developed by the City Manager based on input from the Principal, CSUSA and historical data. A draft of the budget document is prepared by the City Manager. The draft is reviewed by the Principal, CSUSA and the Finance /Support Services Department. 5. May: The budget is reviewed by the School Advisory Board. The City Manager submits budget to the City Commission who act as the Board of Directors for the School. 6. June: The budget is loaded into the accounting system. 7. July: Budget goes into effect. Budget Adoption The Charter School budget is approved via Ordinance at two public meetings scheduled for May and June conducted by the City Commission. The adopted budget is integrated into the accounting software system effective July 1 st. Budget Control/Monitoring Funds appropriated in the Budget may be expended by and with the approval of the City Manager in accordance with the provisions of the City Charter and applicable law. Funds of the City shall be expended in accordance with the appropriations provided in the Budget and shall constitute an appropriation of the amounts specified therein. Supplemental appropriations or the reduction of appropriations, if any, shall be made in accordance with Section 4.07 of the City Charter. The Budget establishes a limitation on expenditures by department total. Said limitation requires that the total sum allocated to the Charter School department for operating and capital expenses may not be increased or decreased without specific authorization by a duly-enacted Resolution affecting such amendment or transfer. Therefore, the City Manager may authorize transfers from one individual line item account to another, so long as the line item accounts are within the same department and fund. .,- City of Aventura Page 10 Charter School Fund Budget The "Personnel Allocation Summary" enumerates all authorized budgeted positions. However, the City Manager may amend said authorized budgeted positions in order to address the operating needs of the department so long as sufficient budgeted funds are available. The budget is monitored on a monthly basis to track variances between actual and budgeted amounts. Significant variances are investigated and monitored for corrective action. Quarterly review meetings are held with the Principal and City Manager. Encumbrances do not constitute expenditures or liabilities in the current year, but instead are defined as commitments related to unperformed contracts for goods or services, which are only reported in governmental funds. Budget Amendment Upon the passage and adoption of the Charter School Fund Budget for the City of Aventura, if the City Manager determines that the department total will exceed its original appropriation, the City Manager is authorized to prepare such Resolutions for consideration by the City Commission as may be necessary and proper to modify any line item from the Budget. Basis of Accounting Basis of Accounting refers to the time period when revenues and expenditures are recognized in the accounts and reported on the financial statements. Basis of accounting relates to the timing of the measurements made, regardless of the measurement focus applied. The accrual basis of accounting is followed for the proprietary fund types. The modified accrual basis of accounting is followed in the governmental fund types and the expendable trust funds ."- type. Under the modified accrual basis of accounting, revenues are recorded when susceptible to accrual, that is, when they are both measurable and available. Available means collectible within the current period or soon enough thereafter to pay current liabilities. Expenditures are generally recognized under the modified accrual accounting when the related fund liability is incurred. Exceptions to the general rule are principal and interest on general long-term debt which is recognized when due. The Charter School Department Budget applies all applicable GASB pronouncements as well as the following pronouncements issued on or before November 30, 1989, unless those pronouncements conflict with or contradict GASB pronouncements: Financial Accounting Standards Board (FASB) statements and interpretations, Accounting Principles Board (APB) opinions and Accounting Research Bulletins (ARBs). During June 1999, the Government Accounting Standards Board (GAS B) issued Statement No. 34. This statement established new accounting and financial reporting standards for state and local governments. The Charter School implemented the new financial reporting requirements of GASB 34. BUDGET DEVELOPMENT GUIDELINES Financial Policies The Charter School's financial policies, compiled below, set forth the basic framework for the overall fiscal management of the school. Operating independently of changing circumstances and conditions, these policies assist the decision-making process of the City Manager and City of Aventura Page 11 Charter School Fund Budget ."" School's Administration. These policies provide guidelines for evaluating both current activities and proposals for future programs. Most of the policies represent long-standing principles; traditions and practices that have guided the Charter School in the past and have helped maintain financial stability over the last 2 years. They are reviewed annually as a decision making tool and to ensure their continued relevance in an ever-changing environment. Operating Budget Policies 1. The Charter School will maintain at a minimum, an accessible cash reserve equivalent to four weeks of operating costs. 2. No new or expanded services shall be implemented without a corresponding revenue source or the implementation of trade-offs of expenses or revenues at the same time. This applies to personnel, equipment and any other peripheral expenses associated with the service. 4. The Charter School shall continue to support a scheduled level of maintenance and replacement of its infrastructure. 5. The Charter School shall support capital expenditures that reduce future operating costs. Capital Budget Policies 1. The Charter School will develop a multi-year plan for capital improvement that is updated annually with documentation of deviations from the plan. 2. The Charter School will maintain its physical assets at a level adequate to protect the Schools' capital investment and minimize future maintenance and replacement costs. The -- budget will provide for the adequate maintenance and the orderly replacement of the capital equipment from current revenues wherever possible. 3. The Charter School will provide sufficient funds to replace and upgrade equipment as well as to take advantage of new technology thereby ensuring that employees have safe and efficient tools to provide their service. It reflects a commitment to further automation and use of available technology to improve productivity in the Charter School's work force. The objective for upgrading and replacing equipment includes: (1) normal replacement as equipment completes its useful life, (2) upgrades to new technology, and (3) additional equipment necessary to service the needs of the Charter School. 4. The Charter School will use the following criterion to evaluate the relative merit of each capital project. Capital expenditures will foster goals of: a. Projects specifically included in an approved replacement schedule. b. Projects that reduce the cost of operations. c. Projects that significantly improve safety and reduce risk exposure. Revenue Policies 1. The School will attempt to maintain a diversified and stable revenue system as a shelter from short-run fluctuations in any single revenue source. 2. The School will attempt to obtain new revenue sources as a way of ensuring a balanced budget. 3. The School will review fees/charges annually and will design or modify revenue systems to include provisions that automatically allow charges to grow at a rate that keeps pace with the cost of providing the service. -- City of Aventura Page 12 Charter School Fund Budget .- Cash Management/Investment Policies 1. The School will deposit all funds received by 2:00 PM the next day. 2. Investment of School funds will emphasize preservation of principle; the objective will be to match or exceed the yield of the State Board of Administration. 3. The School will collect revenues aggressively, including any past due amounts owed. Reserve Policies 1. The School will maintain a fund balance of at least $75,000. Accounting, Auditing, and Financial Reporting Policies 1. An independent audit will be performed annually. 2. The Charter School will produce annual financial reports in accordance with Generally Accepted Accounting Principles (GAAP) as outlined by the Governmental Accounting Standards Board (GASB). .- City of Aventura Page 13 Charter School Fund Budget ~ AVENTURA CITY OF EXCELLENCE SCHOOL VISION STATEMENT To join with our community to become the premier charter school in the nation where academic excellence coexists with the promotion of social responsibility grounded in an atmosphere of human dignity. - - AVENTURA CITY OF EXCELLENCE SCHOOL PHILOSOPHY AND ESSENTIAL ELEMENTS The Aventura City of Excellence School staff believes that we have a responsibility to create a school climate that enables every individual to feel cared for, respected and to act as contributing members of the school culture. All students can learn and will be encouraged to strive for academic excellence and personal growth that will enable them to be productive and active members of society. In the practical application of this philosophy, opportunities shall be provided to: 1. Develop in each student and professional staff member a sense of self-worth and a positive self-concept 2. Imbue such character traits as honesty, integrity, compassion, respect, cooperation, humility, happiness and responsibility toward each other, our community and our world 3. Develop in each student an understanding of and responsibility for making positive personal and social choices 4. Improve upon the quality of instruction and curriculum by increasing the effectiveness of teachers and their teaching through ongoing professional development 5. Provide each student with experiences to develop an awareness of good health habits and attitudes for living by encouraging each student to perceive learning as a life-long continuing process from pre-school through adulthood 6. Encourage, through educational reporting, city and district officials, the citizens of Aventura, and the professional staff to support quality education in the school 7. Use assessment data to identify and track student achievement and learning goals 8. Develop school programs based on "best practices" to promote learning gains 9. Develop strong parent-teacher-student relationships 10. Provide a strong accountability system that will hold everyone at the schoolhouse responsible for maximizing learning opportunities 11. Provide a low student-teacher ratio in order to enhance the development of the individual strengths of each student 12. Provide additional staff members for enrichment and remediation services 13. Develop in each student the ability to think critically, make inferences, apply knowledge to new settings and use these skills to make wise choices CURRICULUM The ACES curriculum is connected to state and national content standards and the school's goals for student learning are coordinated or integrated across different disciplines. The curriculum's sequence is rational, with more complex ideas building on simpler ones, respecting each student's developmental levels and prior learning. Teachers and students are accountable for all state and local assessments in addition to internal formal and informal assessments and observations. City of Aventura Page 14 Charter School Fund Budget ,- Classroom teachers utilize technology daily to reinforce instruction and offer opportunities for independent practice. ACES students have access to Internet-based instructional programs at home and at school. Students in kindergarten through fifth grade utilize the ACES computer lab weekly. Sixth grade students enroll in a nine-week technology course, exposing them to all Microsoft Office Applications. Seventh grade students are required to enroll in a year long Computer Concepts courses designed to expose them to all facets of the technology available to them. Beginning in the 2007-2008 school year eight grade students will take a year-long technology aided career awareness and entrepreneurship course. Middle School students may also enroll in a Web Design course where they can use industry standard technology to create authentic projects. ACES offers a variety of programs to meet the needs of all learners. The English Speakers of Other Languages program is offered to students who are working toward English language proficiency. Classroom teachers servicing ESOL students have undergone special training related to strategies that enhance language acquisition. ACES ESOL Coordinator collaborates with classroom teachers related to instructional modifications that aide in content comprehension. Exceptional Education students are serviced within the class reducing social stigmas and enhancing the continuity of instruction. The ESE teacher collaborates with classroom teachers to ensure that "strategies for success" are implemented in all subject areas. Students with speech and language needs are serviced by a Speech and Language ,- Pathologist. This program is offered to students who qualify for services based on school district requirements. At risk readers are targeted through a variety of intervention courses and strategies. ACES Literacy Team teaches at-risk-readers grades Kindergarten through eighth grade in small group settings. This supplemental reading program provides intensive instruction using research based programs such as guided reading, Kaleidoscope and Read 180. ACES is focused on meeting the needs of all students. To this end, ACES offers a variety of extended school day programs. These programs target specific student needs and are offered both before and after school. These programs include small group writing instruction, focused math tutorials, science study group and a Saturday reading program. Gifted students in grades 1 and 2 receive "Gifted Instruction" in Language Arts and Reading daily. Project-based applications encompassing the sciences; arts, math, and language allow students an opportunity to combine their creativity and practical knowledge. Eligible students in grades 3rd, 4th, and 5th have an opportunity to enroll in a gifted language Arts/Reading course and a gifted Math course. Eligible students in middle school have an opportunity to enroll in gifted Language Arts and Science courses. ACES science laboratory program provides students with hands-on application of core curriculum. Students in second through fifth grade visit the science lab weekly and students in kindergarten and first grade conduct experiments within their classrooms. All middle school .r students enroll in a comprehensive science course that emphasizes hands-on investigation. City of Aventura Page 15 Charter School Fund Budget ACES Modern Language Program places emphasis on four basic components of language acquisition (e.g., listening, speaking, reading and writing). Students build an understanding of the relationship between perspectives and products of various cultures. Students in grades 3, 4 and 5 receive Spanish instruction twice each week. Middle School students are required to enroll in Spanish courses throughout their Middle School career at ACES. ACES Middle School Program offers academic rigor in conjunction with an extraordinary selection of extracurricular activities and elective programs. ACES students have the opportunity to enroll in high school level Spanish, Algebra and Geometry courses and to select one of six elective courses. These elective courses include Television Production, Guitar, Graphic Arts/ Web Design, Journalism, Team Sports and Drama. During the 2006 - 2007 school year, ACES began offering a dynamic intramural sports program. All middle school students are invited to participate in after school teams including volleyball, basketball, tennis and modern dance. These programs are funded through the school budget and offered at no cost to students. Elementary school students also enjoy a variety of special subject classes daily. These programs include art, physical education, technology, media and music. Each Friday Elementary students participate in a club. Clubs vary from year to year based on student interest. Currently ACES is offering the following clubs; Chess, Money and Me, Jazz dance, Middle Eastern Dance, Ballroom Dance, Latin Dance, Israeli Dance, Red Cross, Technology, ,- TV Production, Soccer, Basketball, Guitar, Spanish Song Club, Arts and Crafts, Science and French. PERFORMANCE CRITERIA 1) Indicator: All students will maintain a portfolio demonstrating and charting improvement and mastery of skills required at that grade level. This portfolio will be part of the Personal Learning Plan (PLP) that is the compendium of parent, student and teacher conferences. Each PLP will establish academic goals for each individual student in relation to his/her performance and progress. 2003/04 Actual: Complete 2004/05 Actual: Complete 2005/06 Actual: Complete 2) Indicator: The State of Florida A+ Plan Grade shall be no lower than a "B". 2003/04 Actual: B 2004/05 Actual: A 2005/06 Actual: A 3) Indicator: Meet the requirements delineated in Florida State Board of Education Administrative Rule 6A-1.09981, Implementation of Florida's System of School Improvement and Accountability, as may be amended from time to time. 2003/04 Actual: Complete 2004/05 Actual: Complete 2005/06 Actual: Complete - City of Aventura Page 16 Charter School Fund Budget ,'- 4) Indicator: Percent of parents that completed all 20 required volunteer hours by the end of the year. 2003/04 Actual: 98% 2004/05 Actual: 100% 2005/06 Actual: 100% 5) Indicator: Number of students enrolled shall be 95% of the number allowed by the School Charter. 2003/04 Actual: 100% 2004/05 Actual: 100% 2005/06 Actual: 100% 6) Indicator: The year-to-year retention rate shall be 90%. 2003/04 Actual: 98% 2003/04 Actual: 99% 2005/06 Actual: 99% 7) Indicator: The percentage of parents who on the Parent Survey agree or strongly agree to the statement that "I would recommend the Charter School to a friend" is 90%. 2003/04 Actual: 99% 2004/05 Actual: 100% 2005/06 Actual: 99% ..- 8) Indicator: The audits required by State Law and the Charter shall indicate that the financial statements are presented fairly and that tests of compliance with laws and regulations and consideration of the internal control over financial reporting disclose no instances of non- compliance, nor any material weaknesses. 2003/04 Actual: All in compliance 2004/05 Actual: All in compliance 2005/06 Actual: All in compliance 9) Indicator: Class size and student/classroom teacher ratios shall be maintained throughout the school year at 20:1 for kindergarten and 25:1 for grades 1 trough 5. 2003/04 Actual: All in compliance 2004/05 Actual: All in compliance 2005/06 Actual: All in compliance 10) Indicator: Reading - Percent of Students in the school on grade level and above in Reading. This is based on the Sunshine State Standards and exhibited in proficiency on the Florida Comprehensive Assessment Test (FCAT). 2003/04 Actual: 70% 2004/05 Actual: 81 % 2005/06 Actual: 99% .- City of Aventura Page 17 Charter School Fund Budget -- 11) Indicator: Math - Percent of Students in the school on grade level and above in Math. This is based on the Sunshine State Standards and exhibited in proficiency on the Florida Comprehensive Assessment Test (FCA T). 2003/04 Actual: 69% 2004/05 Actual: 79% 2005/06 Actual: 89% 12) Indicator: Writing - Percent of students in the school on grade level and above in Writing. This is based on the Sunshine State Standards and exhibited in proficiency on the Florida Comprehensive Assessment Test (FCA T). 2003/04 Actual: 85% 2004/05 Actual: 82% 2005/06 Actual: 81% 13) Indicator: All Students will achieve high science standards as measured by Sunshine State Standards Performance Standards. 2003/04 Actual: A mean score of 266 was recorded, which is 20 points below the states average. 2004/05 Actual: A mean score of 301 was achieved which is above the state and district average. 2005/06 Actual: A mean score of 316 was achieved which is above the state and district average. ,.- ,- City of Aventura Page 18 Charter School Fund Budget CITY OF AVENTURA REVENUE PROJECTIONS State Shared Revenues Charges for Services Misc. Income Disposition of Fixed Assets Other Non-Revenues $ 4,897,052 $ 151,100 358,000 o 320,000 5,724,309 131,645 350,000 o 304,305 EXPENDITURES K-3 Basic 4-8 Basic Exceptional Student Program Substitute Teachers Instruct Media Services School Administration Pupil Transit Services Operation of Plant Child Care Supervision Capital Outlay $ 1,181,329 $ 1,495,684 309,393 94,973 150,551 712,199 175,000 1,277,218 144,805 185,000 1,359,558 1,815,627 269,426 47,903 66,570 689,600 175,000 1,367,898 109,156 609,522 City of Aventura Page 19 Charter School Fund Budget CITY OF AVENTURA Personnel Services Operating Expenditures Other Uses Capital Outaly $3,464,319 1,502,833 574,000 185,000 $3,882,168 1,464,569 554,000 609,522 Charter School Department Organization Chart City Manager CSUSA Educational! Administrative Services School Advisory Board Principal School Operations City of Aventura Page 20 Charter School Fund Budget CITY OF AVENTURA REVENUE PROJECTIONS 2007/08 State Shared Revenues: 335910 3310 Florida Education Finance Program $ 4,418,533 $ 5,202,820 331600 3399 Grants 335905 School Lunch Reimbursement 32,557 32,557 335980 3354 Transportation 135,962 136,932 335991 3391 Capital Outlay 310,000 352,000 Subtotal $ 4,897,052 $ 5,724,309 Charaes for Services: 3478050 3450 Food Service Fees 6,100 6,100 3479050 3473 After School Programs 145,000 125,545 Subtotal $ 151 ,1 00 $ 131,645 Misc. Income: 3611000 3431 Interest Earnings 3,000 15,000 3661955 Field Trips/Special Programs 125,000 125,000 3661966 Media Center Donations 5,000 3665000 Other Private Source Revenue 140,000 125,000 3661900 3495 Misc. Revenues 85,000 85,000 Subtotal $ 358,000 $ 350,000 Disposition of Fixed Assets 364010 3780 Sale of Equipment $ $ Other Non-Revenues 3999000 3489 Beginning Surplus 320,000 304,305 3811001 3610 Transfer from General Fund Subtotal 320,000 304,305 City of Aventura Page 21 Charter School Fund Budget CITY OF AVENTURA CHARTER SCHOOL 2007/08 BUDGETARY ACCOUNT SUMMARY 190-6001-569 K-3 Basic 5101 Personnel Services 1220 120 Teacher 769,059 873,525 1250 150 Kindergarten Aides (P/T) 5 40,375 42,750 Classroom Assistants (P/T) 2 0 17,1 00 Aide 25,000 1230 130 Other Certified Instruction 77,689 85,790 Reading Specialist Instructional Counselor 2101 221 Social Security- matching 65,953 79,879 1502 291 Bonuses 33,500 18,000 2201 211 Pension 6,163 7,195 1503 291 Stipends 4,000 11,650 2301 231 Health 89,290 97,596 2302 232 Life Insurance & Disability 3,396 3,862 2401 241 Workers compensation 10,231 12,739 1505 291 Sick Day Buyout 7,200 7,200 subtotal $1,106,856 $1,282,285 Operatina Expenditures/Expenses 4001 330 Travel/Conferences/Train i ng 2,773 2,773 5290 590 Other Mat'I & Supply 26,200 25,000 5299 790 Miscellaneous Expense 4,500 4,500 5410 521 Mem bersh i ps/d u es/su bscri ption 1,000 1,000 5411 520 Textbooks 40,000 44,000 subtotal $74,473 $77,273 City of Aventura Page 22 Charter School Fund Budget CITY OF AVENTURA CHARTER SCHOOL 2007/08 BUDGETARY ACCOUNT SUMMARY 190-6002-569 4-8 Basic 5102 Personnel Services 1220 120 1250 150 1230 130 2101 221 1502 291 1503 291 2201 211 2301 231 2302 232 2401 241 1505 291 Teacher Aide Other Certified Instruction Social Security- matching Bonuses Stipends Pension Health Life Insurance & Disability Workers compensation Sick Day Buyout subtotal OperatinQ Expenditures/Expenses 4001 330 Travel/conferences/training 5290 590 Other Mat'l & Supply 5299 790 Miscellaneous Expense 5410 521 Memberships/dues/subscription 5411 520 Textbooks subtotal 1,051,695 o 18,772 79,978 32,500 16,550 7,841 114,208 4,374 12,467 3,960 $1,342,345 4,500 75,000 3,000 839 70,000 $153,339 1,307,544 25,000 o 101,940 18,000 27,450 9,807 137,049 5,282 16,257 3,960 $1,652,288 4,500 85,000 3,000 839 70,000 $163,339 City of Aventura Page 23 Charter School Fund Budget CITY OF AVENTURA CHARTER SCHOOL 2007/08 BUDGETARY ACCOUNT SUMMARY 190-6003-569 Exceptional Student Program 5250 Personnel Services 1220 120 2101 221 2201 211 1502 291 1503 291 2301 231 2302 232 2401 241 1505 291 Teacher Social Security- matching Pension Bonuses Stipends Health Life Insurance & Disability Workers compensation Sick Day Buyout subtotal OperatinQ Expenditures/Expenses 4001 330 Travel/ConferenceslTraining 3190 310 Prof & Tech Services-SPED 4420 590 Leasing Expense 5290 590 Other Mat'I & Supply 5299 790 Miscellaneous Expense 5410 521 Memberships/dues/subscription 5411 520 Textbooks subtotal 193,873 14,831 1 ,454 8,000 1,200 20,000 790 2,317 1 ,440 $243,905 4,000 46,000 3,000 5,000 2,500 988 4,000 $65,488 167,463 12,811 1,256 4,500 1,150 16,612 663 2,043 1 ,440 $207,938 4,000 46,000 3,000 5,000 2,500 988 o $61 ,488 City of Aventura Page 24 Charter School Fund Budget CITY OF AVENTURA CHARTER SCHOOL 2007/08 BUDGETARY ACCOUNT SUMMARY 190-6004-569 Substitute Teachers 5901 Personnel Services 1220 120 1225 140 2101 221 2201 211 1502 291 2301 231 2302 232 2401 241 1505 291 Teacher Teacher - PIT Social Security- matching Pension Bonuses Health Life Insurance Workers compensation Sick Day Buyout subtotal OperatinQ Expenditures/Expenses 3190 310 Prof & Tech Services subtotal $ 58,561 18,000 4,097 402 4,000 8,306 256 631 720 94,973 44,000 3,366 537 47,903 $ City of Aventura Page 25 Charter School Fund Budget CITY OF AVENTURA CHARTER SCHOOL 2007108 BUDGETARY ACCOUNT SUMMARY 190-6005-569 Instruct Media Services 6200 Personnel Services 1230 130 2101 221 2201 211 1502 291 1503 291 2301 231 2302 232 2401 241 Media Specialist Social Security- matching Pension Bonuses Stipends Health Life Insurance Workers compensation Sick Day Buyout 39,915 3,053 299 2,500 o 4,153 161 470 o $50,551 subtotal Operatina Expenditures/Expenses 5411 520 Textbooks 100,000 $100,000 subtotal 50,916 3,895 318 1,500 o 4,214 106 621 o $61,570 5,000 $5,000 City of Aventura Page 26 Charter School Fund Budget CITY OF AVENTURA CHARTER SCHOOL 2007/08 BUDGETARY ACCOUNT SUMMARY 190-6006-569 School Administration 7300 Personnel Services 1260 160 Other Support Personnel 171,199 194,972 Receptionist Administrative Secretary Registar/Compliance/ESE Business Manager Network/Comp Tech -PIT Special Projects Coordinator 1211 110 Administrators 246,270 239,205 Assistant Principal Vice Principal Principal 4041 201 Automobile allowance 4,800 4,800 2201 211 Pension 18,426 14,649 2101 221 Social Security- matching 31,936 33,215 1502 291 Bonuses 23,000 13,000 1503 291 Stipends 0 0 2301 231 Health 38,383 40,367 2302 232 Life Insurance 1,885 2,096 2401 241 Workers compensation 4,800 5,297 2501 251 Unemployment compensation 1,000 1,000 subtotal $541,699 $548,600 Operatina Expenditures/Expenses 4001 330 Travel/conferences/train i ng 3,000 3,000 3190 310 Prof & Tech Services 0 0 4855 Field Trips/School Events 125,000 100,000 4901 391 Legal/Employment Ads 5,000 5,000 5290 590 Other Mat'I & Supply 35,000 30,000 5410 521 Mem bershi ps/d u es/su bscri ption 2,500 3,000 subtotal $170,500 $141,000 City of Aventura Page 27 Charter School Fund Budget CITY OF AVENTURA CHARTER SCHOOL 2007/08 BUDGETARY ACCOUNT SUMMARY 190-6007 -569 Pupil Transit Services 7800 Operatina Expenditures/Expenses 3190 310 Prof & Tech Services subtotal 175,000 $175,000 175,000 $175,000 City of Aventura Page 28 Charter School Fund Budget CITY OF AVENTURA CHARTER SCHOOL 2007/08 BUDGETARY ACCOUNT SUMMARY 190-6008-569 Operation of Plant 7900 1260 160 Other Support Personnel 18112 21840 Janitor 2201 211 Pension 2,174 2948 2101 221 Social Security- matching 1,386 1671 2301 231 Health 6,296 6449 2302 232 Life Insurance 103 55 2401 241 Workers compensation 214 266 subtotal $28,285 $33,229 Operatina Expenditures/Expenses 3201 312 Accounting & auditing fees 13,500 13,500 3147 316 School Advisory Consultant 7,500 5,000 3148 312 Planning/Management Fee CSUSA 258,740 312,169 4620 350 Contract- Building maintenance 120,000 120,000 3431 310 Contract-Food Services 20,000 15,000 4101 370 Communications 32,000 42,000 4320 380 Pub Ut Svc Othr Energy Sv 11,000 15,000 4301 430 Electricity 135,000 135,000 4501 320 Insurance & Bond Premium 28,460 36,000 4635 350 Repairs & Maintenance 65,733 50,000 5295 510 Cleaning/janitorial supplies 6,000 6,000 5290 590 Other Mat'I & Supply 6,000 6,000 4440 Office Equip - Leasing Expense 15,000 25,000 subtotal $718,933 $780,669 Other Uses 9101 971 Transfer to General Fund 30,000 30,000 5901 Contingency 100,000 80,000 9129 921 Lease Payments to City Debt Service I 400,000 444,000 subtotal 530,000 554,000 City of Aventura Page 29 Charter School Fund Budget CITY OF AVENTURA CHARTER SCHOOL 2007/08 BUDGETARY ACCOUNT SUMMARY 190-6009-569 Child Care Supervision 9102 Personnel Services 1503 291 Site Director- Stipend 2,000 2,000 1260 160 Other Support Personnel 48,870 42,120 Site Coordinator After School Counselor I After School Counselor II 2501 Unemployment Compensation 500 500 2101 221 Social Security- matching 3,739 3,222 2401 241 Workers compensation 596 514 subtotal 55,705 48,356 Operatina Expenditures/Expenses 3113 Contract-Recreation Programs 3,000 19,000 3147 316 School Advisory Consultant 3,500 0 3201 312 Accounting & auditing fees 1,000 2,000 4301 430 Electricity 5,000 10,000 4501 320 Insurance & Bond Premium 2,000 3,000 4620 350 Contract- Building maintenance 7,300 7,300 4635 350 Repairs & Maintenance 2,500 7,500 5290 590 Other Mat'I & Supply 20,800 12,000 subtotal $45,100 $60,800 Other Uses 9129 921 Lease Payments to Debt Service Fund 44,000 subtotal $44,000 $0 City of Aventura Page 30 Charter School Fund Budget CITY OF AVENTURA CHARTER SCHOOL 2007/08 BUDGETARY ACCOUNT SUMMARY 190-6010-569 Capital Outlay 7400 Capital Outlav subtotal 15,000 50,000 120,000 o $185,000 10,000 48,000 147,000 404,522 $609,522 6401 6410 6401 6999 692 640 643 Computer Software> 750 Furniture, Fixture & Equipment Computer Equipment> 750 Capital Reserve City of Aventura Page 31 Charter School Fund Budget ORDINANCE NO. 2007-_ AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE A VENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2007/08 (JULY 1 - JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The 2007/2008 Operating and Capital Improvement Program Budget for the Aventura City of Excellence School, a copy of said budget being attached hereto and made a part hereof as specifically as if set forth at length herein, be and the same is hereby .- established and adopted. Section 2. Expenditure of Funds Appropriated in the Budqet Authorized. Funds appropriated in the Budget may be expended by and with the approval of the City Manager in accordance with the provisions of the City Charter and applicable law. Funds of the City shall be expended in accordance with the appropriations provided in the Budget adopted by this Ordinance and shall constitute an appropriation of the amounts specified therein. Supplemental appropriations or the reduction of appropriations, if any, shall be made in accordance with Section 4.07 of the City Charter. Section 3. Budqetarv Control. The Budget establishes a limitation on expenditures by department total. Said limitation requires that the total sum allocated to the Charter School department for operating and capital expenses may not be increased or decreased without "... specific authorization by a duly-enacted Resolution affecting such amendment or transfer. City of Aventura Page 32 Charter School Fund Budget - City of Aventura Page 33 Charter School Fund Budget ,..- Section 7. Encumbrances. All outstanding encumbrances at June 30,2006 shall lapse at that time; and all lapsed capital outlay encumbrances shall be re-appropriated in the 2006/2007 fiscal year. Section 8. Severabilitv. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 9. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. .- City of Aventura Page 34 Charter School Fund Budget ~ Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida MIAMI DAILY BUSINESS REVIEW STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared SOOKIE WILLIAMS, who on oath says that he or she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY QFAJ.IJNTURA PU.ucIlO1'lcsO'....__ORDItIANCES 20 day of APRIL , A.D. 2007 NOTICE IS HEREBY GIVEN that on Tuesday, the 1st day of May, 2007, at a ~tIng of the City Commission of~Clty of Avertt~ to be held at 6:00 p.m. in the Commission ChanltllIilI"1ht1'19 Avenlura 'Government Center, 19200 West Country Club DrIve, Aventura, Florida,' the City CQmnli5sion. wiD con~r lbsadopUon oUba fOllo~l!l9 QrQJn.~~ ,()n second~~: ........~w'/ AN~.oF;'fHE:OI1'YOF~FL.ORIDA;.~ .,.. ..ClfT(, CG)QIl.y~::. ~OC;CUPA11ONAL LICEt.asE TAXES~OF. CttAPTERRI!GULA'TIQNS,' LICENSES ANOPEfMtS-'rO . 'RECENr REVISIONS TO.FLORIDA STATUTE CttAPTE8..,.\,.~ TttE TERM OCCUPAT1ONAL lDNSE TO'LOCAt,"BtJsINEss TAX RECEIPT; MAKING COLLA'I'ERAi. CONFORIIINi& ~. TOontER AFFECTED PROVISIONS of THE CITY CODE INCWDING SEC110NS 2-348, 2-39&, 14-12, ....... 3Mt;ft'i1lO, 31'-m;'aiNa-4Ns; PROVIDING FOR SEWRABILf1"'Y;f!IRCMOINQ'RSRIiICl..I:JSION IN CODE; AND PROVIDING FOR AHEFFEC'ftVEDATE. AN ORDlNANCfI; QF THE CITY . ~ OF.THE CITY OF .AVI;tmJRA, ~~.v= NO. 2006-08, WHICH O~'~.' .' ... . L OPERAllNG AND CAPITAL" IlUDQE:rF'Otl.:ntE ~VENTURA CITY OF IEcXCELLENCE SCHOOl.PORFlSCAt. veM200M)7 (JULY 1 - JUNE 30) 8V R~ THE 2CJOlI'I2ClO7 FiSCAL'w:M BUDGET DOCUMENT AS ~ IN EXtI8IT -"-ATTACHED'HEREI'O: AU'fHORIZING THE oCIT'(. MANAGER TQ.OO ALL lNNGS NeCEllAAY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFEC11VE DATI!. The proposed Ordlnance& may be inSpected by the'ptJbllcattheOffiee of the City CIel'k, 19200 West Country Club OrIve,Aventura, Florida. Interested parties fTlBy apptarat tbe.Pub/lC Heari08~~heard\with respect to the proposed OrdInance. Any person wishing to ~ress the City Commission pn any item at this Public Hearing may do so after tI18 M/ilyoropens~Pl,IbIl(: ~, In accordance with the AmeriQana with DfsabIIItIe8 Act of 1990, all persons who are disabled and who need special accommOdations to Pllrtlcipate in thi8~because of, th~t~i~ s,hot!l~ con~ the 0fflcEl" Of the City1"C1efk, 306-466-8901, rioHdter th8ri tWbbusin8sS days ~~ro~~. . If a per8oh'decideS to appea1 any decision made by the CIty COmml88Ion with respect to any matter considered at a meeting ~ hearing, that ~~ will need'a recoRI ofthe.pt'4ie8edirlgSand,for8UCl1pu1p088.mayMed to ,~that..vtltJatjmrecord Of thePlooeed!ngsis made; Whioh-record jincludes the testimony anQ evidenceuporl'wblchthe .appeat Is to be lbased. CITY OF AVENTURA NOTICE OF PROPOSED ORDINANCES - MAY 1, 2007 in the XXXX Court, was published in said newspaper in the issues of 04/20/2007 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of s u' g this advertisement for publication in the said new per. Sworn to and subscribed before me this ~~.~- (SEAL) SOOKIE WILLIAMS persona~~w~t\Q~fil Marmer ! ~ . My CommiSSion 00338559 \.~,..I Expires July 18, 2008 4/20 Teresa M. Soroka, MMC City Clerk 01-4-701821244M / MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida Before the undersigned authority personally appeared SOOKIE WILLIAMS, who on oath says that he or she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f/k/a ~iami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement being a Legal Advertisement of Notice in the matter of ' ~, ".,~'! , CITYOF~VENTURA PUBLIC NOTICE OF PRoposED ORD.NANCE STATE OF FLORIDA COUNTY OF MIAMI-DADE: 20 day of APRIL , A.D, 2007 '}(j..:-r; NOTIOE,t.S,~~(lwililtlat..~Y. theist day of May, 2007, at ameetingdthe CityC~_"ctty of Aventura, to be held at 6:00 p.m. in the Commission Chambe!' in' the Aventura Government! ~~W~~~:~:i~kl~~~1 :;OO~~~~;~_~A,~I .... AtWAAI!I'___'.I'~"'~_"~~; BUDGET FOIt11ll!AVI!tI'ItJM'CITY OF ~SCHOOI.. FOR FISCAL 'I;AlL__-' 1 - .-.e~.. ,~JO SECl'IOtI'~' . '."''1'HEarr't'CtIAM'ER.'AUT~ ..AI 1I~~..1 .-'$n"-AIK.IlIt8 ,w"'.1UDQleT;1 PROft)II8?i'ID.F'......'~~........1r,!fOR' PEftlllI.IEL:tJIIIIIJ....11ON;. '~",!IIGR>,:GIF18 'AND GRANTS: . PAOVtDING FOR AMENDMENTS:' PROVID8G, FOR ENCUII8AANCIS; PROVIDING FOR $EVERABIUTY AND PROVIDING FOR.~~~~ '"" The proposecU:JlatNlftflti.,.y'tXtinspecled bythepubllOllt tfieOfliC9.:of; the City Clerk, 19200 West Country Club Drive, Aventura, Florida. Interested parties may appear at the Pubtic Hearing and;. hean:t withJ respect to the propoeed Qi'dinance. Any person wishlngto address the City Commission on any item at this Public Hearing may do so after the Mayor opens the ~ hearing. In accord8l1ceWith1heAmericlms wi1hDiubiIitie$~ Act of 1990, a1t persons who are dlsMt ,,-*,,~ ~~~ t<f, partfcipate in thisproc8eding because of that dI8abiIitY should contact the Office of the City Clerk, 305-466-8~1~~lh$n tWO' busine&$ ~ys prior to such proceedings. . "', ", . If a peisori~. appeal any c:teci!iIIen made by the City Cornn'lissiont :r~n::y;::r~~~~=~~i ensure that a WrbatIin r8CQ1d,of1fle proc:eedings is made, whiCh ~ includes the testimony and evidence upon which the appeal is to be based. CITY OF AVENTURA - PROPOSED ORDINANCE - 5/1/2007 ORD. CHARTER SCHOOL OPERATING & CAPITAL BUDGET, ETC. in the XXXX Court was published in said newspaper in the issues of 04/20/2007 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County Florida, each day (except Saturday, Sunday and Legal Holidays) , and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she h~s neither paid nor promised any person, firm or corporation any . unt, .rebate, ~ommission or refund for the purpose of cur g thiS advertisement for publication in the said n sp er. Sworn to and subscribed before me this C~4 7?k- (SEAL) 4/20 Teresa M: So~, MMC City Clerk 07-4-71/82126OM SOOKIE WILLIAMS personally known to me J>.t#' ~ Cheryl H Marmer "' 'I,. My Commission 00338559 Of '" Expires July 18. 2008 / MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared SOOKIE WILLIAMS, who on oath says that he or she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a legal Advertisement of Notice in the matter of CITY OF AVENTURA PROPOSED ORDINANCES - MAY 1, 2007 in the XXXX Court, was published in said newspaper in the issues of 04/13/2007 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of sec . g this advertisement for publication in the said new pa r. Sworn to and subscribed before me this 13 day of APRil ,A.D. 2007 C'~~~~_ ~ (SEAL) SOOKIE WilLIAMS personally known to me 'fJCherytHMarmer ~ . . My Commission 00338558 '\~,..I Expires July 18, 2008 crrtOF.AVENTUU I ~,",.",." ""IlUCNO:t"'o,., . PROPOftDORDItIAtICES" " ;t. ..... ' . , ' ' , ."' , ' . .rIlO~c.E)$~Efiy~~i ~ r~sdeY.the 1~CtaY~, 2doi. ata rnee1fr1gOftM'dty~. oftheOitfOf Aventura,to:beHem lif ~:ODA.m.~;;C_ Chamber in the A~~rnent ,center 1 "iill' ClUb Onw'" ~, J1bndI.l1W'CIIy corriftlissiOOw1ir 'c.ons.idei the a<ioption of'the following Oidt.... Orl seCondreac:lirlQ..~~: ' ..' .,' "",:rx' " " . . .., . - '. AN O~~~ErOf .....~qnY~.A,VEN11JRA,.~ A~""E' cnyqH)E .'......DiNGAR1'ICt:e'If', "oce"p "l.. LK:IdtSE'T~uOP cHAPTER 1. .B"qp~lI~ I.~Sl\Nl)flEA~;'I'O" c:~F9', , '. ", ' .CENT'rAl9lslOJllSrh 1'0 .~' STA1'UTE"j'eJ:tAPTeA,. 205 BY,,~: THE - 'teRM" OCC:UP .' ,".' UCENSEl'O'!~_'~' 1'AX' HE' CONGC9LLATI!R*F.l~"C.l"6 ~ ' MENTS AfFECTeD,~.'lItEcnv CODe, ,$EanoNs, M41.',..,.1......3M5, 31~21,r...:';a1. -.. ~}~:-::..... _VllJllG'r=aw1NCUJ8ION ..~ ~"'cr' .....r..tMJI!::~-' "f"~'?' ~::~,:;f"P" "~Of'1HiCrrt ~OFlHi!aw t~~ '''''''OfIOINAHCI:>MO. ~NCE,lA~A'.~, :r,"~ ' ':~,CAPIr.. .... ~1~~"'1JiE,, "R -..iUt*_1f FIEYfeIRG,,' '."tHE, '2oOII,' .i:: ... .... .~~ '~'DO'M1. 1'HIffd8; , . ""', - " TO'cARRY - OUf.'I'ttI!"oF'1lII8ORD1NANCE; ,PROVIDING FOR'AN . EFf,iEC11VEDATE. c"";' ... /'!" The proposedOrdin~1J8'~ JfUbllcatthe Offio&of the City Clerk. 192-00 west.Copr\ti'Y Glubotlve. Avefttura, ~. Interested parties rfl8y appMfM)tf&'f\lbHc Hearing and be heamWittl. respecttl)the ~:c~~"WIshingto add~the City COmn'tIstfiOri'ohany.1tiIM.ttft~'!iJbfiC f:!eaMgrnaYdo so a.fter the J Mayor opens the publiG~. . ! '. . ~;,'H'::<" r;~' In aCcordanc&-WittI UIe;~nswith Disabliities".l\ct of 1990. aU 'persons whon'~I.ecHIIid, Who need~~ to f:e~C)~:~~:1~~~=:S~ days prior to Suctfproceediftgsi., " if a person decideS to appeatany deCillion made by'1tJe' City ~mmission ,with respect to anymatterconsidere<1at arneeting or Maring,that person will need a record of the proceedings andiforsUt;h purpose, may ,need to ensure that a verbatim record of the proceedings is made, which record inciUdesthe testimony and evidence upon which the appeal is to beb~ed. " 4/13 Teresa M. Soroka, MMCCityCler\( .ot:4c471817736M ~ MIAMI CAlLY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared SOOKIE WilLIAMS, who on oath says that he or she is the VICE PRESIDENT, legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a legal Advertisement of Notice in the matter of CITY OF AYEtI"I'VM' . Ne'ReE eFPU81dC MIi#IIIIIG ~--- .... Date and TIme of PubliC ""t.'g: Tuesday,M&Y1: 2001 6:<>9 p.m. ' Mario KaIle1 {()f2VAR-01) CITY OF AVENTURA - PUBLIC HEARING 5/1/07 APPLICANT NAME/NUMBER: MARIO KAllER (01-VAR-07) Applicant Name/NUJ'III)er: ApplIcant Aeque8t: ( The aPplicant is requestiritJ. a . variance from SectIon 31-171(a}(1) of the City's.Land De- velopment Regulations to allow a 5'5" parking pavement setback where {l rnlnimum10' set- back is required by Code and variance from Section 31-172(c)(2) to aUow a landscaped driveway separation of 130' where a mini- mufiTl separation of 330' is required byCcide, Location oISubject'Property:. .,18450 Biscayne Boulevard. Avenlura 1 in the XXX X Court, was published in said newspaper in the issues of 04/18/2007 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida. for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of se 'ng this advertisement for publication in the said new a er. LegeI~: ,Part of Tr8GtA. Legg 184, according to the plat; thereof recorded in Book 129, Page 59, of the PublicRecol'ds of Miami-Dade County. Florida. . City of Aventura (complete legal description avail- ableat theComrmlnity Development Department) Plan$ are on ftle iil""lrI.ay be examined during regular business hours aUhe City..of ~veil~r~G,ov~rnment Center, Community Development Departm~n,. 19?'Oo-Y(~srCountry Club Drive, Aventura, Florida, 33180. Plilns nlaY tltfmo<tifl'edaJ or ~forethe Public Hearing. The ap- plication I118Y ch&Qoe'CIlJring the,hearing process. . ';J!e ~ . - ---~ . .... The Pu!>lic HEI:!lnag will be. ti~d ,i(l. t~ City Commission Chamber at City of Aventura GO\I9fl'lm8.nt~er'atithe address above. Your comments may be ma~!n ~ attl'l~tIearing or filed in writing prior to th~ hear- ing date.RefertQ- ~eerty on correspondence and mati same to City OfAV~i'l,Ji(....... ,tCenter. Community Development De- partment. forf~: ;""_ )~n~please caU-{305) 466-8940. r~~~::'~~"~~~~=~~:'~~ piiW~ .' )~~_4isaI>>Iityshouldco~the 0IfIce of tti$Ci\Y' ~terthan two busin&$$ dayspriorto such prOCeedings. . If a persOn ~t!t~ any decision ma. b,ytheCity Commission with r6$P8Cftp an~~r c::on~ ata meeting or hearing, that person wiH neEN a ~ oHhEI pr6cEl9dings-and, forsl.lGh purpose, may need to ensure th~. verbli\tit:n reCord.of the proceedings is made, which record includes the -.8timonyand evidence upOn which the appeal Is to be based TerElS8 M. Soroka. MMC, City Clerk 07-3-91/819423M Sworn to and subscribed before me this 18 day of APRIL . A.D. 2007 ,~4 J#-~- (SEAL) SOOKIE WILLIAMS personally known to me R~ ~ Cheryl H Marmer . ""- . My CommIssion 00338558 '\ ~ "...1 Expires July 18, 2008 4/18 ~ MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared SOOKIE WILLIAMS, who on oath says that he or she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a legal Advertisement of Notice in the matter of CITY OF AVENTURA - PUBLIC HEARING 5/1/07 APPLICANT NAME/NUMBER: CLEAR CHANNEL OUTDOOR 01-MRC-07 in the XXXX Court, was published in said newspaper in the issues of 04/18/2007 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of sing this advertisement for publication in the said ne p er. Sworn to and subscribed before me this 18 day of APRil ,A.D. 2007 ~/ ~ ~?;#-- ,.- (SEAL) SOOKIE WilLIAMS personally known to me ~~ ~ Cheryl H Marmer . ~ . My Commission 00338559 '~"I Expires July 18. 2008 '~ . IIIIP"J ~q,~". .. ~IttOF~VEfJUI~. NOTICE OF PUBLIOJIEAIlIIIG Date -l'iIJ"tof p~..........: L-:.-',', - . ,',:- - '.',',' JU8$d8y, May 1;2007 6:00p.m. ,', ~<;,;. . - ,'- --"" -. _:":-"";",' .-';~.:> ; AppIIc:antN8m8l.Number. Clear Channel Outdoor 01.MRC-07 ;; ,_ :,~., ':') ;t;,_' <~~:.:,;-t';~_::~:> i:~'!'?"'e!'tk~'~.""~ -"""'""'f"~-"'~-'""~~~"""fi';"-"~' ~ . ~""?~""~"'.OIear Channel Outdoor, is' requestinglTlOdifi~J"~on 2. ()f~. app~1 ~.through ~on .Np.2-OO$-7g4l9~to .now~C9mmel'Cial~dvertising on the entire rear (west) ~..pt its biU~;lQcated at ..~ southwest cornerof.BiscaY", ~.nd IvesD.f\c>ad. Loc:atIorlOf~~~=meroflVeSDairyROlld legaJ.. De8cltptlen:.palf.Rr~llQrki~~~Coast Railway right of Viay lyiQgin;"~.of~a5, TOJNnship~1 South, RaqgIt-: ~,-=~, City of Aven~ura, ~~Dade ~,;F\Qrida (fUll ~,~scriptiof\ is ayailable at ~G<lmm,_Development DePElrtrne~) . Plans are on file and 1'Tl8y ~~\1:\it.led during ~gular business hours in the Cil)' of Aventura13~ Omter, Community Deqel~nt De-, partment, 19200 West~91ilb Drive, Avenfura. Florida, 33180.' Plans may be~dlfied at~'~~ the Public Hearing. Theapplicaflbn may c~ange dur1njJ~p~ss. The. Public Hearil1g Wnt~I~icl'inthe City CommiSsionCharnber at City of Aventura Gove~~ C;~~tTJeaddress above. Your.commen~s may be made in perso'naflh9~g or filed in writing pnor to the h~aring dat~.'Refe.r to,~~.on corresp()tldeflce atldmail same to City of Avent1,Jra. C~\lnl\y Oewlopment Dep,artl'l1ent at the address above. For fUrlll~' i~tiClO, please call (305) 466.8940. Inacc0id8n~~ ~&ri8riC8l1s with Disabilities Act of 1990, all per- sons who aredlsabled andWho need special accommodations to partici- pate in this proceeding because of that disability should contact the Office of the City Clerk, 466-8901, not. later than tWo bUSiness days prior to such proceedings. If a persondeciQeS ~o,~any decision ~bY'~Gityboml1lission with respect to 8!"IY ~~r,ed at a mee'tlOgl)l'~,that person W1.'lIneed. ...a. recb.... '..~()fme. '.p~. .... '. ' Q$.and,for~.~.... '."...' ..INIV..... need.... to".... ensuN_a.~'~;of~ 1IlCMdIt,,,~~ ~rd includ_tlte_'ii'/lOriY'8-nd'~1J:l9f! ~~.~'isto be based.," .,"", ,,,'...' ,'"'''' . Teresa M.Soroka, M~, City C~~ , .OI~~~9426M 4118