05-07-2002
City r.nmml/Ul1on
Jeffrey M. Perlow, Mayor
A~e City of
~ventura
r:;J\
-~.
City M.n~r
Eric M. Soroka
Arthur Berger
Jay R. Beskin
Ken Cohen
Manny Grossman
Harry Holzberg
Patricia Rogers-Libert
City Clerk
Teresa M. Soroka, CMC
City Altom...
Weiss Serota Helfman
Pastoriza & Guedes
AGENDA
MAY 7, 2002 - 6 PM (following LPAHearing)
Government Center
19200 West Country Club Drive
Aventura. Florida 33180
1. CALLTOORDER~OLLCALL
2. PLEDGE OF ALLEGIANCE
3. ZONING HEARINGS: SPECIALLY SET BY COMMISSION FOR 6 P.M.
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
comment upon any of these items, please inform the Mayor when he requests public
comments. An opportunity for persons to speak on each item will be made available
after the applicant and staff have made their presentations on each item. All testimony,
including public testimony and evidence, will be made under oath or affirmation.
Additionally, each person who gives testimony may be subject to cross-examination. If
you refuse either to be cross-examined or to be sworn, your testimony will not be
considered. 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.
DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA GRANTING VARIANCE FROM SECTION 31-
171(b) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
ALLOW 85 PARKING SPACES WHERE 86 PARKING SPACES ARE
REQUIRED BY CODE, FOR PROPERTY LOCATED AT 18901 AND
18909 NE 29 AVENUE, CITY OF AVENTURA; PROVIDING FOR AN
EFFECTIVE DATE.
4. AGENDA: Request for DeletionslEmergency Additions
May 7, 2002 Cnmmi..... MeeciDg
5. SPECIAL PRESENTATIONS: Certificates of Appointment presented to
members of the Aventura Cultural Center Foundation Board of Directors
Betsy H. Kaplan, Member, Miami-Dade County School Board re: Charter Schools
6. 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 2, 2002 Workshop Meeting
April 2, 2002 Commission Meeting
April 12, 2002 Workshop Meeting
April 26, 2002 Workshop Meeting
April 30, 2002 Workshop Meeting
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED JOINT PROJECT
AGREEMENT FOR HIGHWAY LANDSCAPING
IMPROVEMENTS ALONG BISCAYNE BOULEVARD PHASE 7
BY AND BETWEEN THE CITY OF A VENTURA AND THE
FLORIDA DEPARTMENT OF TRANSPORTATION;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY
AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
(Authorizes City Manager to execute Agreement with FDOT for
landscaping improvements on Biscayne Boulevard Phase 7)
C. MOTION TO ACCEPT FOR FILING THE COMPREHENSIVE
ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR
ENDED SEPTEMBER 30, 2001
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA PROVIDING FOR ACCEPTANCE
OF DEDICATION OF EASEMENTS FROM GULFSTREAM
PARK RACING ASSOCIATION AND DAYTON-HUDSON
CORPORATION TO THE CITY OF AVENTURA TO INSTALL,
ACCESS AND MAINTAIN THE STREETLIGHT ELECTRICAL
SYSTEM ON NE 213TH STREET: AUTHORIZING THE CITY
MANAGER TO OBTAIN AND EXECUTE INSTRUMENTS
CONCERNING DEDICATION; AUTHORIZING ACCEPTANCE
OF DEDICATION; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSSARY TO CARRY OUT THE AIMS
OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
2
May 7, 2002 Cnmmi..... MeeciDg
DATE.
(Approves Acceptance of Dedication of Easements on NE 213'h Street)
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA DECLARING CERTAIN
PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS
SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE
MANNER OF DISPOSAL; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
(Authorizes City Manager to declare certain property as surplus to the
needs ofthe City and provides for disposal)
F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER
ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE
ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT
BETWEEN THE CITY OF A VENTURA AND MIAMI SHORES
VILLAGE FOR LAW ENFORCEMENT ACTIVITIES;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FORAN EFFECTIVE DATE.
(Authorizes City Manager to execute Mutual Aid Agreement with
Miami Shores Village for law enforcement activities)
G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER
ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE
ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT
BETWEEN THE CITY OF A VENTURA AND THE CITY OF
NORTH MIAMI BEACH FOR LAW ENFORCEMENT
ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FORAN EFFECTIVE DATE.
(Authorizes City Manager to execute Mutual Aid Agreement with City
of North Miami Beach for law enforcement activities)
H. MOTION TO ADOPT THE A VENTURA COMMUNITY
RECREATION CENTER PROGRAMMING MATRIX AS
RECOMMENDED BY THE COMMUNITY SERVICES
ADVISORY BOARD AND SET FORTH IN THE CITY
MANAGER'S MEMORANDUM DATED APRIL 30, 2002
(Establishes programs to be provided at the Community Recreation
Center when it is competed)
I. MOTION AUTHORIZING THE APPROPRIATION OF UP TO
3
May 7, 2002 Commission MeeciDg
$17,974 FOR SWAT EQUIPMENT, BADGES, CRIME SCENE
OFFICE FURNITURE, RIFLES FOR HONOR GUARD AND
FORFEITURE FUND LEGAL EXPENSES FROM THE POLICE
FORFEITURE FUND IN ACCORDANCE WITH THE CITY
MANAGER'S MEMORANDUM DATED APRIL 30, 2002
(Provides for appropriation offunds from Police Forfeiture Account)
J. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO SUBMIT AN EMERGENCY MANAGEMENT
GRANT TO THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS FOR THE AVENTURA EMERGENCY OPERATIONS
CENTER; AUTHORIZING THE COMMITMENT TO PROVIDE
$150,118.80 IN MATCHING FUNDS; AUTHORIZING THE CITY
MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION
TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
(Authorizes City Manager to submit Emergency Management Grant to
the Dept. of Community Affairs to be used to equip the City's EOC)
K. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA STRONGLY OPPOSING THE
OPENING OF THE NE 199TH STREET RAILROAD CROSSING;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY
AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
L. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF A VENTURA AND
THE CITY OF MIAMI BEACH FOR LAW ENFORCEMENT
ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
(Authorizes City Manager to execute Mutual Aid Agreement with City
of Miami Beach for law enforcernent activities)
7. ORDINANCES: FIRST READING/PUBLIC INPUT:
A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING SECTION 31-21 OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO AMEND THE
4
May 7, 2002 Cnmmi..... MeeciDg
DEFINITION OF "HOTEL"; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING SECTION 31-21 OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO AMEND THE
DEFINITION OF "BUILDING"; AMENDING SECTION 31-75
OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
AMEND TEMPORARY USES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
C. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING CHAPTER 2 ENTITLED "ADMINISTRATION", BY
AMENDING ARTICLE II "DEPARTMENTS", SECTION 2-61
"CREATED" TO PROVIDE FOR INCLUSION OF THE
CHARTER SCHOOL AS A DEPARTMENT OF GOVERNMENT
WITHIN THE CITY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR
EFFECTIVE DATE.
8. PUBLIC HEARING: ORDINANCES - SECOND READING:
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING THE COMPREHENSIVE MASTER PLAN OF THE
CITY OF A VENTURA BY AMENDING THE FUTURE LAND
USE MAP DESIGNATION FOR THE CITY'S COMMUNITY
RECREATION FACILITY SITE LOCATED AT 3375 NE 188
STREET FROM BUSINESS AND OFFICE TO PARKS AND
RECREATION; PROVIDING FOR TRANSMITTAL TO THE
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR
AN EFFECTIVE DATE.
9. RESOLUTIONS: None.
10. OTHER BUSINESS: None
11. PUBLIC COMMENTS
12. REPORTS
13. ADJOURNMENT
5
May 7, 2002 c.......:"""m MeeciDg
SCHEDULE OF FUTURE MEETINGS/EVENTS
COMMISSION WORKSHOP MAY 16, 2002
9AM
LOCAL PLANNING AGENCY JUNE 4, 2002
6PM
COMMISSION MEETING JUNE 4, 2002
(following 6 pm LPA)
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 A ventura 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 meeting or hearing will need a record of the
proceedings and, for such purpose, may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
Agenda items 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.
6
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: April 25, 2002
TO: City Commission
FROM:
BY: Joanne Carr, Sen
SUBJECT: Request of Gampel Aventura Properties, Inc. for Variance from Section
31-171 (b) to permit a reduced number parking spaces for the office and
bank building at 18901 NE 29 Avenue. (03-VAR-02 REV)
May 7, 2002 City Commission Meeting Agenda Item ~
RECOMMENDATION
It is recommended that the City Commission approve the request for variance to allow
85 parking spaces on site where 86 parking spaces are required by Code.
THE REQUEST
The applicant, Gampel Aventura Properties, Inc., is requesting a variance from Section
31-171 (b) of the City's Land Development Regulations to allow 85 parking spaces
where 86 parking spaces are required by Code, for the office and bank uses at 18901
NE 29 Avenue. (See Exhibit #1 for LeUer of Intent).
BACKGROUND
OWNER OF PROPERTY
Gampel Aventura Properties Inc.
ADDRESS OF PROPERTY
18901 NE 29 Avenue
LEGAL DESCRIPTION
Tract "P", Marina del Rey Revised, as recorded
in Plat Book 144, Page 89 of the Public
Records of Miami-Dade County
SIZE OF PROPERTY
Approximately 1.57 acres
EXISTING ZONING TC1, Town Center District
FUTURE lAND USE DESIGNATION Town Center
Zoning -
Subject property: TC1, Town Center District
Property to the North: RMF3, Multi-Family Medium Density Residential District
Property to the South: TC1, Town Center District
Property to the East: RMF3, Multi-Family Medium Density Residential District
Property to the West: TC1, Town Center District
Existing Use -
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Vacant land
Rental Apartments (Summit at Aventura)
Office and retail (Harbour Centre)
Rental Apartments (Summit at Aventura)
Retail and office (loehmann's & Concorde Plazas)
Future land Use Designation - According to the City of Aventura 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:
Town Center
Town Center
Town Center
Town Center
Town Center
The Site - The subject site is a vacant piece of land at the southeast corner of NE 29
Avenue and NE 190 Street. (See Exhibit #2 for location Map and Exhibit #3 for Aerial
Photograph).
The Project - The applicant proposes to construct a one-story, 23,792 square foot
building to house the bank service area and offices for Northern Trust Bank and to
house the offices for the Gampel companies. The Bank will initially occupy 3,792
square feet for its customer service area and 11,258 square feet for its administrative
offices. The Gampel company offices will occupy the remaining 8,742 square feet of
the building.
The building has been designed with Mediterranean design features including a barrel
tile roof, cupolas, columns, covered entrance, pavers and pastel colors.
Parking is provided to the north, west and south of the building. The applicant has
attempted to provide a public amenity area on the south side of the site, per staff's
request, by installing decorative pavers that will serve a dual purpose. This area will
serve as required parking but will also be at grade to provide a pedestrian promenade-
2
type area to coincide with the proposed pedestrian promenade/view corridor on the
Harbour Centre site. What this will create is a larger public (decorative paver) area that
will provide a public open space promenade that links the two sites when the parking
spaces are not being used. The applicant offered, at the City Commission meeting of
April 2, 2002, to allow this southerly portion of the parking area to be used for parking by
the general public for City-sponsored events in the area during non-office hours. This
offer has been confirmed by the letter attached as Exhibit #4.
Two accesses are proposed to the site, one on NE 29 Avenue and one on NE 190
Street. The driveway on NE 190 Street will be right-in, right-out only. The applicants
wish to reconfigure the existing left turn lane for northbound traffic on NE 29 Avenue to
a double left turn lane to allow southbound traffic on NE 29 Avenue to enter its site. A
traffic study submitted by the applicant is presently being reviewed to confirm that there
is sufficient stacking in the existing lane to allow both north and southbound traffic to
use the lane. In the event there is not sufficient stacking, the driveway on NE 29
Avenue will be right-in and right-out only.
At its meeting of April 2, 2002, the City Commission passed and adopted Resolution No.
2002-17, a copy of which is attached as Exhibit #5. This resolution granted conditional
use approval to permit the office and bank uses in the Town Center district, variance
approval for reduced landscape/buffer strips, reduced open space and reduced setback
for parking areas. The applicant had also requested a variance to the size of parking
spaces but has since revised that request to vary the number of parking spaces rather
than the size of the spaces.
ANALYSIS
Citizen Comments - The Community Development Department has received no written
citizen comments about these applications.
Community Development Department Analysis - The Applicant is requesting a
variance to allow a reduced number of parking spaces for this site. Eighty-six parking
spaces are required by Code, where eighty-five spaces are provided. This is a revision
to the original application heard by the City Commission on April 2, 2002, which
application sought a variance for the size of nine parking spaces in the northwest corner
of the site. One parking space has been removed from this corner in order to comply
with the parking space size requirements of the City's Code; however, the removal of
that space now necessitates a variance from the number of spaces required for the site.
Criteria . The guidelines for approval of variances as required by Section 31-76(e) of
the City's Land Development Regulation states:
"Standards of review. A variance shall be granted only where competent and
substantial evidence presented in the particular case shows that all of the following
are met:
3
(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 has advised, in its Letter of Intent attached, that the hardship at
this location is caused by the unique configuration of the property, coupled with
the shape of the site caused by the adjacent sewer lift station on the southwest
portion of the site.
(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 are not applicable to other locations.
While each variance request is of an independent and unique nature, the
following history is provided for informational purposes. The City Commission
has previously approved variances for the number of parking spaces at an office
building on East Dixie Highway, a medical office building on East Dixie Highway
and a service station/car wash on Biscayne Boulevard. The approvals in the first
two cases were granted because the applicant provided off-site parking in the
public right-of-way and in the FEC railway right-of-way which mitigated the loss of
on-site parking spaces. The approval in the third case was conditioned that
approval could be revoked if it was found that a nuisance to the community had
been created by the granting of the variance.
(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.
(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."
4
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.
CONDITIONS
1. Plans shall substantially comply with those submitted as follows:
· ALTAlACSM Land Title Survey, prepared by Fortin Leavy Skiles Inc., Consulting
Engineers, Surveyors and Mappers, Sheet 1 of 1, dated 10/14/97, updated 2/22/02,
signed and sealed.
· "Northern Trust Bank Building", Site Plan, Sheet 1 of 1, prepared by Fortin Leavy
Skiles, Inc., Consulting Engineers, Surveyors and Mappers, dated 7/01/01, revised
2/18/02, revised 3/12/02, revised 3/21/02, revised 4/4/02, signed and sealed 4/4/02.
· "Proposed Design for: Northern Trust, Aventura, Florida", Site Plan, Sheet A-O,
prepared by Cohen Freedman Encinosa & Assoc., dated 2/01/02, signed and sealed
3/15/02.
· "Proposed Design for: Northern Trust, Aventura, Florida", Floor Plan, Sheet A-1,
prepared by Cohen Freedman Encinosa & Assoc., dated 2/01/02, signed and sealed
3/15/02.
· "Proposed Design for: Northern Trust, Aventura, Florida", Roof Plan, Sheet A-2,
prepared by Cohen Freedman Encinosa & Assoc., dated 2/01/02, signed and sealed
3/15/02.
· "Proposed Design for: Northern Trust, Aventura, Florida", North and West
Elevations, Sheet A-3, prepared by Cohen Freedman Encinosa & Assoc., dated
2/01/02, signed and sealed 3/15/02.
· "Proposed Design for: Northern Trust, Aventura, Florida", South and East
Elevations, Sheet A-4, prepared by Cohen Freedman Encinosa & Assoc., dated
2/01/02, signed and sealed 3/15/02.
· "Proposed Design for: Northern Trust, Aventura, Florida", Details, Sheet A-5,
prepared by Cohen Freedman Encinosa & Assoc., dated 2/01/02, signed and sealed
3/15/02.
· "Northern Trust Bank Building", Conceptual Paving, Drainage, Water & Sewer Plan,
Sheet 1 of 1, prepared by Fortin Leavy Skiles, Inc., dated 12/27/01, signed and
sealed 3/4/02.
· "Northern Trust Bank Building", Adjacent Driveway Locations, Sheet 1 of 1, prepared
by Fortin Leavy Skiles, Inc., dated 12/27/01, signed and sealed 3/4/02.
· "Northern Trust Bank Building", Planting Plan, Sheet L-1, prepared by Kimberly
Moyer, dated 1/14/01, revised 3/01/02, 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 parking variance shall be terminated in the event that the City Manager
determines that the variance has created and/or is creating a nuisance to the
5
community. If the parking spaces is required to be added back to the site, City staff
and the applicant shall determine where the one (1) parking space shall be located.
6
BILZIN SUMBERG DUNN BAENA PRICE & AXELROD LLP
/It. PARTNERSHIP Of' PRO,.ESSIONAL .....OCIATIONS
'-
. . \ ~
ZISOO FIRST UNION FINANCIAL CENTER
ZOO SOUTH 81SCAYNE BOULEVARD. MIAMI, FLORIDA 33131-2336
TELEPHONE: (3015) 37.-71580 . WWW.IIILZIN.COM
FAX: (3015) 37<4-71593 . I!lROWAAD: (.a....) 3S4S-0030
STANLEY B. PRICE, P."'.
DIRECT DIAL (305) 350-237.
E.MAIL IprlceObllzln.com
April 4, 2002
Ms. Brenda Kelley
Director of Community Development
City of Aventura
19200 W. Country Club Drive
Aventura, FL 33180
BY FAX & U.S. MAIL
RE: Gampel A ventura Properties
19901 N.E. 29th Avenue (02-CU-02 and 03-V AR-02)
Dear Ms. Kelley:
Pursuant to your departmental rules and regulations, this letter will serve as our
Amended Letter ofIntent in conjunction with the above-styled zoning application.
At the City Commission meeting of April 2, 2002, the subject application was
bifurcated wherein request #4, a variance from Section 33-171(a)(6)(a) of the City's
Land Development Regulations to allow parking spaces measuring 8.44 feet wide,
where a minimum width of 9 feet is required by the Code was deferred by the City
Commission. The applicant respectfully seeks, in the alternative, a variance from the
City's Land Development Regulations relating to the number of parking spaces to be
provided.
The applicant is seeking to modify the site plan to delete one parking space
thereby necessitating a variance of one parking space from that required by the City's
Land Development Regulations of one space for 300 square feet of gross floor area.
This variance will eliminate the need to place certain parking spaces ofless than 9 feet
in width at its narrowest point due to the configuration oflhe site. The property is
adjacent to a sewer lift station, which causes the property to become irregularly
shaped. In addition, with the installation of the sidewalk and bike path on N.E. 29th
\7519tIl71231J1560911 vi
4/3/02
EXHIBIT #1
03-VAR-02(REV)
BILZIN SUMBERG DUNN BAENA PRICE & AXELROD LLP
Ms. Brenda Kelley
Apri14,2002
Page 2
A venue, the creation of these improvements creates a curvature on the west property
line of our site which causes the need for all original requests to vary the 9 foot width
requirement for certain of our spaces.
Pursuant to the City's Land Development Regulations, the proposed variance
is necessitated because of:
A. The unique configuration ofthe property, coupled with the shape of the
site caused by the adjacent sewer lift station located on the southwest
portion of the site.
B. The conditions upon which a request for a variance is made is based upon
the unique configuration of the site caused by the location of the sewer
lift station, and the construction of the bike path.
C. The proposed variance was not deliberately created by the applicant.
D. The granting of the variance will not be detrimental to the public welfare
or injurious to other property or improvements in the vicinity based upon
a demonstration at the prior hearing that the number of employees and
visitors to the bank are far below that of the number of parking spaces
provided on the site thereby causing no additional impact to the
surrounding property owners.
E. The proposed variance will not substantially increase the congestion on
the public streets, or increase the danger of fire, or endanger the public
safety, or substantially diminish or impair property values within the
vicinity. As previously noted, the utilization at the property by Northern
Trust will create far fewer trips to the site than a conventional office
and/or commercial bank.
175191117123\11560911 vI
4/3/02
81LZIN SUMBERG DUNN 8AENA PRICE & AXELROD LLP
Ms. Brenda Kelley
April 4, 2002
Page 3
Accordingly, we respectfully request that the City give favorable consideration
to our request for a variance.
Respectfully submitted,
~
Stan . ~oe .
SBP:cm
cc: Ms. Margo Absher
\7SI91\17123V1S60911 vI
4/3/02
BROWARD COUNTY
..-.-.-.-.
DADE COUNTY ..
.
"./':,,:1/.1.,
, IVi:SOAIRY RD.
~
MIAMI
GARDENS DR.
W
X
Ci
:::
..
..
..
:.
:.
..
:.
;1
,.
..
A"~"'Il"Q
Hospital
&: MrdiC'ot fit
Crnru {!J
ml
[!?
'lI
W
~ >
<(
TM &l 205
p""""nade
Slwps
203 ST.
/.
'W
!>
<(
I ...
~
: \ Waterways
WATERWAYS EiLVlLJ Slwppes 207 ST.
COUNTRY CLUB DR.
.
:1
:.
:.
:.
..
:.
:.
:.
..
:.
..
:.
:.
:.
:.
:.
:.
:.
:.
'.
:.
:.
:.
:.
:.
..
:.
;.
'.
:.
:.
'.
:.
..
:.
:1
:.
:.
..
i.
..
J-
201 TEA. a:
o
AVENTURA el)l\)' gj
...J
~~r;c1- AS~Ja ~
t--
Station Library z
Aventura Police ::>
De artment 8
Aventura Mall
TlUnberry lsfe
Resorr .{ Club
'~,
192 ST.
192 ST.
1 ST.
~
...J
Ql
2:
~
8
LEGEND ~
~
1
E EXHIBIT #2
- - I
Roadways
. . . . . . City Boundary
ZIP Code Boundary
---........ Railroad
~
~
-- . ...-
--
d
::;
Ql
2:
~
8
1
Atlantic
Ocean
EXHIBIT #3
03-VAR-02(REV)
GAMPEL A VENTURA PROPERTIES, INC.
19495 Biscayne Blvd., Suite 906
Aventura, FL 33180
Tele: 305-937-0010
Fax: 305-937-0306
April 24, 2002
Mr. Eric Soroka, City Manager
City of Aventura
19200 W. Country Club Drive
Aventura, FL 33180
RE: Gampel Aventura Properties, Inc.
18901 NE 29th Avenue
Dear Mr. Soroka:
Pursuant to my commitment to the City Commission at its meeting of April 2, 2002,
please accept this letter as our authorization for the City to utilize any of the unused
parking spaces provided on our site during evening hours and weekends when not in
conflict with the nonnal business operations ofthe office building and/or banking facility
and/or other building tenants use, it being understood that the bank or other tenants may
have evening or weekend activities and parking will not be available to the public.
This authorization will commence upon final receipt of a Certificate of Use and
Occupancy for the subject property in accordance with the regulations of the City of
Aventura. It is further understood that in the event the City requires the use of the
parking lot, they will provide 5 days advanced written notice to the undersigned by
certified mail or facsimile with confirmation of receipt, and it is our intent to confirm the
availability in writing within 72 hours of such notice. The City shall be responsible to
provide security and insurance at their sole expense. The City will deliver an insurance
binder to us, with Gampe1 Aventura Properties, Inc., Northern Trust Bank of Florida, NA
and any other tenants as additionally insured. The City shall be solely liable for any
negligence or damage to the property or injury as a result of the use of the property by the
City of Aventura. Further, the City shall be solely responsible to remove any rubbish or
debris left on the property.
EXHIBIT #4
03-VAR-02(REV)
The Parties will review this arrangement annually and this agreement may be extended
yearly thereafter upon the mutual agreement of the parties hereto.
This agreement between the parties sball not be recorded in the public records for any
reason whatsoever.
We thank you and your staff for your cooperation in this matter and we look forward to a
continued and cooperative partnership with the City of Aventura.
(v~.yyours, 56'
----- /tc ~ / -
Margo G. Absher:\rice President
Bank of Florida, N.A.
Agreed to h): the City of Aventura
By:
Eric Soroka, City Manager
Cc: Stanley B. Price, Esq.
RESOLUTION NO. 2002-17
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
TO PERMIT OFFICE AND BANK USES IN THE TC1 (TOWN CENTER)
ZONING DISTRICT; GRANTING VARIANCE FROM SECTION 31-
171(a)(7) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
ALLOW A PARKING PAVEMENT SETBACK OF 2' ON THE NORTH
PROPERTY LIMIT AND 9' ON THE WEST PROPERTY LIMIT WHERE
A 10' PARKING PAVEMENT SETBACK IS REQUIRED BY CODE;
GRANTING VARIANCE FROM SECTION 31-221(1)(2) OF THE CITY'S
LAND DEVELOPMENT REGULATIONS TO ALLOW A 2'
LANDSCAPED BUFFER ON THE NORTH LIMIT, A 4.3' LANDSCAPED
BUFFER ON THE WEST LIMIT AND A 0' LANDSCAPED BUFFER ON
THE SOUTH LIMIT WHERE A 7' LANDSCAPED BUFFER IS
REQUIRED BY CODE; AND GRANTING VARIANCE FROM SECTION
31-145(b)(5)(h) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO ALLOW OPEN SPACE OF APPROXIMATELY 25%
WHERE 35% IS REQUIRED BY CODE, WITH ONE-HALF OF THAT,
OR 17.5% TO BE UNENCUMBERED WITH ANY STRUCTURE AND
LANDSCAPED WITH GRASS AND VEGETATION, WHERE
APPROXIMATELY 12% IS PROVIDED, FOR PROPERTY LOCATED
AT 18901 NE 29 AVENUE, CITY OF AVENTURA; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the property described herein is zoned TC1, Town Center District;
and
WHEREAS, the applicant, Gampel Aventura Properties, Inc., through
Applications No. 02-CU-02 and 03-VAR-02, is requesting:
1. Conditional Use approval to permit office and bank uses in the TC1 (Town
Center) zoning district; and
2. Variance from Section 31-171(a)(7) of the City's Land Development Regulations
to allow a parking pavement setback of 2' on the north property limit and 9' on
EXHIBIT #5
03-VAR-02(REV)
Resolution No. 2002-1;
Page 2
the west property limit where a 10' parking pavement setback is required by
Code; and
3. Variance from Section 31-221 (i)(2) of the City's Land Development Regulations
to allow a 2' landscaped buffer on the north limit, a 4.3' landscaped buffer on the
west limit and a 0' landscaped buffer on the south limit where a 7' landscaped
buffer along the perimeter of all vehicular use areas is required by Code; and
4. Variance from Section 31-145(b)(5)(h) of the City's Land Development
Regulations to allow open space of approximately 25% where 35% is required by
Code, with one-half of that, or 17.5%, to be unencumbered with any structure
and landscaped with grass and vegetation where approximately 12% is provided.
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application for Conditional Use to permit office and bank uses in the
TC1 zoning district is hereby granted exclusively to the Applicant, subject to the
conditions set out in this Resolution.
. Section 2. Application for Variance from Section 31-171(a)(7) of the City's Land
Development Regulations to allow a parking pavement setback of 2' on the north
property limit and g' on the west property limit where a 10' parking pavement setback is
Resolution No. 2002-17
Page 3
required by Code is hereby granted exclusively to the Applicant, subject to the
conditions set out in this Resolution.
Section 3. Application for Variance from Section 31-221 (i)(2) of the City's Land
Development Regulations to allow a 2' landscaped buffer on the north property limit, a
4.3' landscaped buffer on the west limit and a 0' landscaped buffer on the south limit
where a 7' landscaped buffer along the perimeter of all vehicular use areas is required
by Code is hereby granted exclusively to the Applicant, subject to the conditions set out
in this Resolution.
Section 4. Application for Variance from Section 31-145(b)(5)(h) of the City's
Land Development Regulations to allow open space of approximately 25% where 35%
is required by Code, with one-half of that, or 17.5%, to be unencumbered by any
structure and landscaped with grass and vegetation where approximately 12% is
provided is hereby granted exclusively to the Applicant, subject to the conditions set out
in this Resolution.
All above Sections on property legally described as all of Tract .P", Marina del
Rey Revised, as recorded in Plat Book 144, Page 89 of the Public Records of Miami-
Dade County, aka 18901 NE 29 Avenue.
Section 5. Approval of the requests above are subject to the following
conditions:
1. Plans shall substantially comply with those submitted as follows:
. AL TNACSM Land Title Survey, prepared by Fortin Leavy Skiles Inc.,
Consulting Engineers, Surveyors and Mappers, Sheet 1 of 1, dated
10/14/97, updated 2/22/02, signed and sealed.
Resolution No. 2002-17
Page 4
. "Northern Trust Bank Building", Site Plan, Sheet 1 of 1, prepared by Fortin
Leavy Skiles, Inc., Consulting Engineers, Surveyors and Mappers, dated
7/01/01, revised 2/18/02, revised 3/21/02 signed and sealed 3/21/02.
. "Proposed Design for: Northern Trust, Aventura, Florida", Site Plan, Sheet
A-O, prepared by Cohen Freedman Encinosa & Assoc., dated 2/01/02,
signed and sealed 3/15/02.
. "Proposed Design for: Northern Trust, Aventura, Florida", Floor Plan, Sheet
A-1, prepared by Cohen Freedman Encinosa & Assoc., dated 2/01/02,
signed and sealed 3/15/02.
. "Proposed Design for: Northern Trust, Aventura, Florida", Roof Plan, Sheet
A-2, prepared by Cohen Freedman Encinosa & Assoc., dated 2/01/02,
signed and sealed 3/15/02.
. "Proposed Design for: Northern Trust, Aventura, Florida", North and West
Elevations, Sheet A-3, prepared by Cohen Freedman Encinosa & Assoc.,
dated 2/01/02, signed and sealed 3/15/02.
. "Proposed Design for: Northern Trust, Aventura, Florida", South and East
Elevations, Sheet A-4, prepared by Cohen Freedman Encinosa & Assoc.,
dated 2/01/02, signed and sealed 3/15/02.
. "Proposed Design for: Northern Trust, Aventura, Florida", Details, Sheet
A-5, prepared by Cohen Freedman Encinosa & Assoc., dated 2/01/02,
signed and sealed 3/15/02.
. "Northern Trust Bank Building", Conceptual Paving, Drainage, Water &
Sewer Plan, Sheet 1 of 1, prepared by Fortin Leavy Skiles, Inc., dated
12/27/01, signed and sealed 3/4/02.
. "Northern Trust Bank Building", Adjacent Driveway Locations, Sheet 1 of 1,
prepared by Fortin Leavy Skiles, Inc., dated 12/27/01, signed and sealed
3/4102.
. "Northern Trust Bank Building", Planting Plan, Sheet L-1, prepared by
Kimberly Moyer, dated 1/14/01, revised 3/01/02, signed and sealed.
2. That the site plan be revised to add decorative features to the north side
of the dumpster enclosure.
3. 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.
Resolution No. 2002-17
Page 5
Section 6. 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 7. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Cohen, who moved its
adoption. The motion was seconded by Commissioner Beskin, and upon being put to a
vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
absent
yes
yes
yes
yes
yes
absent from the room
PASSED AND ADOPTED this 2nd day of April, 2002.
. PERLOW , MAYOR
APP~ GAL SUFFIC~CY:
CITY A ORNEY
ffice of the City Clerk this 4th day of April, 2002.
s
RESOLUTION NO. 2002-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING VARIANCE FROM SECTION 31.
171(b) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
ALLOW 85 PARKING SPACES WHERE 86 PARKING SPACES ARE
REQUIRED BY CODE, FOR PROPERTY LOCATED AT 18901 AND
18909 NE 29 AVENUE, CITY OF AVENTURA; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the property described herein is zoned TC1, Town Center District;
and
WHEREAS, the applicant, Gampel Aventura Properties, Inc., through revised
Application No. 03-VAR-02, is requesting a variance from Section 31-171(b) of the
City's Land Development Regulations to allow 85 parking spaces where 86 parking
spaces are required by Code; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application for Variance from Section 31-171(b) of the City's Land
Development Regulations to allow 85 parking spaces where 86 parking spaces are
required by Code is hereby granted exclusively to the Applicant, subject to the
conditions set out in this Resolution on property legally described as all of Tract "p",
Marina del Rey Revised, as recorded in Plat Book 144, Page 89 of the Public Records
of Miami-Dade County, aka 18901 NE 29 Avenue, subject to the following conditions:
1. Plans shall substantially comply with those submitted as follows:
Resolution No. 2002-_
Page 2
. AL TAlACSM Land Title Survey, prepared by Fortin Leavy Skiles Inc.,
Consulting Engineers, Surveyors and Mappers, Sheet 1 of 1, dated
10/14/97, updated 2/22/02, signed and sealed.
. "Northern Trust Bank Building", Site Plan, Sheet 1 of 1, prepared by Fortin
Leavy Skiles, Inc., Consulting Engineers, Surveyors and Mappers, dated
7/01/01, revised 2/18/02, revised 3/12/02, revised 3/21/02, revised 4/4/02,
signed and sealed 4/4/02.
. "Proposed Design for: Northern Trust, Aventura, Florida", Site Plan, Sheet
A-O, prepared by Cohen Freedman Encinosa & Assoc., dated 2/01/02,
signed and sealed 3/15/02.
. "Proposed Design for: Northern Trust, Aventura, Florida", Floor Plan, Sheet
A-1, prepared by Cohen Freedman Encinosa & Assoc., dated 2/01/02,
signed and sealed 3/15/02.
. "Proposed Design for: Northern Trust, Aventura, Florida", Roof Plan, Sheet
A-2, prepared by Cohen Freedman Encinosa & Assoc., dated 2/01/02,
signed and sealed 3/15/02.
· "Proposed Design for: Northern Trust, Aventura, Florida", North and West
Elevations, Sheet A-3, prepared by Cohen Freedman Encinosa & Assoc.,
dated 2/01/02, signed and sealed 3/15/02.
. "Proposed Design for: Northern Trust, Aventura, Florida", South and East
Elevations, Sheet A-4, prepared by Cohen Freedman Encinosa & Assoc.,
dated 2/01/02, signed and sealed 3/15/02.
. "Proposed Design for: Northern Trust, Aventura, Florida", Details, Sheet
A-5, prepared by Cohen Freedman Encinosa & Assoc., dated 2/01/02,
signed and sealed 3/15/02.
. "Northern Trust Bank Building", Conceptual Paving, Drainage, Water &
Sewer Plan, Sheet 1 of 1, prepared by Fortin Leavy Skiles, Inc., dated
12/27/01, signed and sealed 3/4/02.
. "Northern Trust Bank Building", Adjacent Driveway Locations, Sheet 1 of 1,
prepared by Fortin Leavy Skiles, Inc., dated 12/27/01, signed and sealed
3/4/02.
. "Northern Trust Bank Building", Planting Plan, Sheet L-1, prepared by
Kimberly Moyer, dated 1/14/01, revised 3/01/02, 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 parking variance shall be terminated in the event that the City
Manager determines that the variance has created and/or is creating a
nuisance to the community. If the parking space is required to be added
back to the site, City staff and the applicant shall determine where the one
(1) parking space shall be located.
Resolution No. 2002-_
Page 3
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
, and upon being put to a vote, the vote was as follows:
Commissioner Jay Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED this 7th day of May, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this
day of May, 2002.
CITY CLERK
AGENDA ITEM 5
MIAMI-DADE COUNTY PUBLIC SCHOOLS
SCHOOL BOARD ADMINISTRATION BUILDING. 1450 NORTHEAST SECOND AVENUE. MIAMI, FLORIDA 33132
Apri126,2002
Miami-Dade County School Board
Ms. Perla Tabares Hantman, Chair
Dr. Michael M. Krop, Vice Chair
Mr. Frank J. Bolailos
Mr. Frank J. Cobo
Dr. Robert B. Ingram
Ms. Betsy H. Kaplan
Mrs_ Manty Sabates Morse
Dr. Marta Perez
Dr. Solomon C. Stinson
Betsy H. Kaplan
Board Member - District # 9
Mr. Eric Soroka
City Manager
Aventura Government Center
19200 West Country Club Drive
A ventura, Florida 33160
Dear Mr. Soroka:
This letter is written to request that I be placed on the agenda for the upcoming Commission meeting
scheduled for May 7. I wish to speak on the subject of charter schools. You can contact my office
at 305-995-1334 if you need further information and my secretary Denise, or Marge, my
administrative assistant can assist you should I not be in the office.
Sincerely,
~r~pl~~
Miami-Dade County School Board
BHK.:dgi
APR Z 9 2002
OFFIC~ OfTHE
CITY MANAGER
~
.
MINUTES
CITY COMMISSION MEETING
APRIL 2, 2002 6 PM
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:31 p.m.
by Mayor Jeffrey M. Perlow. Present were Commissioners Jay R. Beskin, Ken Cohen,
Manny Grossman, Harry Holzberg, Vice Mayor Patricia Rogers-Libert, Mayor Perlow,
City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M.
Wolpin. Commissioner Arthur Berger was absent due to illness. As a quorum was
determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE.
3. 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 the City Clerk.
Mayor Perlow declared his conflict of interest in that he has provided legal services
to the applicant and left the meeting at this time.
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT OFFICE
AND BANK USES IN THE TC1 (TOWN CENTER) ZONING DISTRICT;
GRANTING VARIANCE FROM SECTION 31-171(a)(7) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO ALLOW A PARKING PAVEMENT
SETBACK OF 2' ON THE NORTH PROPERTY LIMIT AND 9' ON THE WEST
PROPERTY LIMIT WHERE A 10' PARKING PAVEMENT SETBACK IS
REQUIRED BY CODE; GRANTING VARIANCE FROM SECTION 31-221(1)(2)
OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A 2'
LANDSCAPED BUFFER ON THE NORTH LIMIT, A 4.3' LANDSCAPED
BUFFER ON THE WEST LIMIT AND A 0' LANDSCAPED BUFFER ON THE
SOUTH LIMIT WHERE A 7' LANDSCAPED BUFFER IS REQUIRED BY
CODE; DENYING VARIANCE FROM SECTION 31-171(a)(6)(a) OF THE
CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW PARKING
SPACES MEASURING 8.44' WIDE WHERE A MINIMUM WIDTH OF 9' IS
REQUIRED BY CODE; DENYING VARIANCE FROM SECTION 31-145(b)(5)(h)
OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW OPEN
SPACE OF APPROXIMATELY 25% WHERE 35% IS REQUIRED BY CODE,
WITH ONE-HALF OF THAT, OR 17.5% TO BE UNENCUMBERED WITH ANY
STRUCTURE AND LANDSCAPED WITH GRASS AND VEGETATION,
WHERE APPROXIMATELY 12% IS PROVIDED; AND DENYING VARIANCE
FROM SECTION 31-221 (1)(7) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO ALLOW A DUMPSTER SITE WITH NO PERIMETER
LANDSCAPING ON THE NORTH AND SOUTH SIDES, WHERE SCREENING
WITH WALLS OR FENCES AND LANDSCAPING IS REQUIRED BY CODE,
FOR PROPERTY LOCATED AT 18901 NE 29 AVENUE, CITY OF AVENTURA;
PROVIDING FOR AN EFFECTIVE DATE.
Brenda Kelley, Community Development Director, explained the request of the
applicant and entered the staff report into the record. Vice Mayor Rogers-Libert
opened the public hearing. The following individuals addressed the Commission:
Stanley Price, Esq., 2500 First Union Financial Center, representing Gampel
Aventura Properties, Inc. and Northern Trust Bank; Margo Absher and Harry
Gampel, Gampel Aventura Properties, Inc., applicant; Ray Leightman, Northern
Trust Bank; and Eric Albin, Waterways. There being no further speakers, the
public hearing was closed. A motion for approval was offered by Commissioner
Cohen, and seconded by Commissioner Beskin. A motion to delete Section 6
was offered by Commissioner Cohen, seconded by Commissioner Holzberg and
unanimously passed. A motion to defer action on Section 4 to the May 7,2002
Commission meeting was offered by Commissioner Cohen, seconded by
Commissioner Holzberg and unanimously passed. A motion to amend Section 5
to provide for approval was offered by Commissioner Beskin, seconded by
Commissioner Holzberg and unanimously passed. The motion for approval, as
amended, passed 5-0 with Mayor Perlow absent from the room, and Resolution
No. 2002-17 was adopted.
Mayor Perlow returned to the meeting at this time.
4. ELECTION OF VICE MAYOR: A motion was made by Commissioner Rogers-
Libert, seconded by Commissioner Cohen and unanimously passed to appoint
Commissioner Berger as Vice Mayor for the next six-month period.
5. AGENDA: REQUEST FOR DELETIONS/EMERGENCY ADDITIONS: None.
6. SPECIAL PRESENTATIONS: None.
7. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Commissioner Rogers-Libert, seconded by Commissioner Cohen, unanimously passed
(6-0) and the following action was taken:
A. Minutes were approved as follows:
March 5, 2002 Commission Meeting
March 21, 2002 Workshop Meeting
B. Resolution No. 2002-18 was adopted as follows:
2
A RESOLUTION OF THE CITY COMMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED WORK AUTHORIZATION #01-0103-016
FOR PROFESSIONAL CONSULTING SERVICES WITH CRAVEN
THOMPSON AND ASSOCIATES, INC. TO PERFORM A MUNICIPAL
PUBLIC TRANSIT STUDY IN THE AMOUNT OF $30,000;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
C. Resolution No. 2002-19 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED AMENDMENT NO. 3 TO THE
AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES
BETWEEN OWNER (CITY OF AVENTURA) AND CONSTRUCTION
MANAGER (JAMES A. CUMMINGS, INC.) FOR THE CONSTRUCTION
OF THE COMMUNITY RECREATION CENTER PROJECT/NE 188TH
STREET IMPROVEMENTS PHASE III; ESTABLISHING THE
GUARANTEED MAXIMUM PRICE FOR PHASE III; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT
THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
8. ORDINANCES - FIRST READING/PUBLIC INPUT:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN OF THE CITY OF AVENTURA
BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR
FOUNDERS PARK LOCATED AT 3105 AND 3200 NE 190 STREET
FROM TOWN CENTER TO PARKS AND RECREATION; PROVIDING
FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY
AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE.
Ms. Kelley addressed the Commission. A motion for approval, including
the incorporation by reference into this hearing of all amendments and
testimony, written and verbal, relative to this item given at the preceding
Local Planning Agency meeting, was offered by Commissioner Rogers-
Libert, and seconded by Commissioner Holzberg. The following individual
addressed the Commission: Bernie Weinstein, Terraces at Turnberry.
3
There being no further public input, the motion for approval passed
unanimously (5-0 with Commissioner Cohen absent from the room for the
vote) by roll call vote.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 31-21 OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO AMEND DEFINITIONS; AMENDING SECTION 31-
145 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
AMEND REGULATIONS REGARDING MINIMUM FLOOR AREAS IN
THE TC1 ZONING DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
After motion made by Commissioner Rogers-Libert, seconded by
Commissioner Beskin and unanimously passed (5-0 with Commissioner
Cohen absent from the room), this item was deferred to the April 30, 2002
Workshop Meeting for further discussion and consideration at May 7, 2002
Regular Commission Meeting.
C. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE COMPREHENSIVE MASTER PLAN OF THE CITY OF AVENTURA
BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR
THE CITY'S COMMUNITY RECREATION FACILITY SITE LOCATED AT
3375 NE 188 STREET FROM BUSINESS AND OFFICE TO PARKS AND
RECREATION; PROVIDING FOR TRANSMITTAL TO THE
DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR AN
EFFECTIVE DATE.
Ms. Kelley addressed the Commission. A motion for approval, including
the incorporation by reference into this hearing of all amendments and
testimony, written and verbal, relative to this item given at the preceding
Local Planning Agency meeting, was offered by Commissioner Rogers-
Libert and seconded by Commissioner Grossman. There being no public
input, the motion for approval passed unanimously (6-0) by roll call vote.
8. PUBLIC HEARING: ORDINANCES - SECOND READING:
A. Mr. Wolpin read the following ordinance by title:
4
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ESTABLISHING PROCEDURES FOR RESOLVING PROTESTS
CONCERNING BIDS (BIDS), REQUEST FOR PROPOSALS (RFP'S),
REQUEST FOR QUALIFICATIONS (RFQ'S), REQUEST FOR LETTERS
OF INTEREST (RFLI'S), AND PURCHASE ORDERS BASED ON
WRITTEN OR ORAL QUOTATIONS, BY AMENDING CHAPTER 2 OF
THE CODE OF THE CITY OF AVENTURA ENTITLED
"ADMINISTRATION"; BY AMENDING ARTICLE IV ENTITLED
"FINANCE" DIVISION 3 ENTITLED "PURCHASING"; BY CREATING
SECTION 2-259 ENTITLED "AUTHORITY TO RESOLVE PROTESTED
BIDS AND PROPOSED AWARDS"; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR
AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Beskin and seconded
by Commissioner Cohen. Mayor Perlow opened the public hearing.
There being no speakers, the public hearing was closed. The motion for
approval passed unanimously by roll call vote (4-0 with Commissioners
Grossman and Rogers-Libert absent from the room) and Ordinance No.
2002-11 was enacted.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING
FOR THE CITY TO OPT OUT OF AND EXEMPT ITSELF FROM THE
REQUIREMENTS OF SECTION 2-11.1(T) OF THE MIAMI-DADE
COUNTY CODE CONCERNING CONE OF SILENCE REQUIREMENTS
RELATED TO PURCHASING TRANSACTIONS; AMENDING THE CITY
CODE BY ADOPTING SECTION 2-260 "CONE OF SILENCE" OF
CHAPTER 2 "ADMINISTRATION," PROVIDING CITY'S CONE OF
SILENCE REQUIREMENTS RELATED TO COMMUNICATIONS WITH
THE CITY DURING PURCHASING TRANSACTIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and
seconded by Commissioner Cohen. Mayor Perlow opened the public
hearing. The following individual addressed the Commission: Mr. Albin.
There being no further speakers, the public hearing was closed. The
motion for approval passed unanimously by roll call vote (6-0) and
Ordinance No. 2002-12 was enacted.
10. RESOLUTIONS: Mr. Wolpin read the following resolution by title:
5
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF
MEMBERS TO THE AVENTURA CULTURAL CENTER FOUNDATION,
INC.; AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert,
seconded by Commissioner Beskin, unanimously passed (6-0) and
Resolution No. 2002-20 was adopted.
11. OTHER BUSINESS: None.
12. PUBLIC COMMENTS: The following individuals addressed the Commission: Mr.
Albin and Patricia Frank, Commodore Plaza.
13. REPORTS: As presented.
14. 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 8 p.m.
Teresa M. Soroka, CMC, 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.
6
FORM 8B. MEMORANDUM OF VOTING ,CONFLICT FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
NAME-F'IR8T NAME-MlDDU: NAN.!: NAME or BOARD, COUNCIL. Nlo.,....,......OX. AUTHOIU'IT. 08 OOIOU"lTEE
..:,tLQU..) ~~E:" 0 (L I!.. fT1.I OM I o. ON - fhJ utA-
ILULlNO AIID THE 1IOAIlIl, COUNCIl.. COMMlSSlON..um1ORITY 011 OOlOollT\'EE ON
,<:IZ.OO W. LOI.! /ollt"/ CL_U~)fL. =18ElMISAUNlTlW'
errY COUNTY CCOUNTY o OTHU LOCAL AGENCY
fN eNT1J (I..A.- F<-- m" . . i"" NAME QF POLI~ICAI. S\IIIDlVISlON,. ..11
DATE 0fI WHICH VOI'E OCCUUED " e.. \ ~ 0 r rv.err
ON .
t> - () '2 - o-z,.. " APPOINTIVE
WHO MUST FILE FORM 88
Thi.. form i. for use by any per80n I18Mng aC the ~\lntyl ejty, or other 10callevel or govemment on an appointed or elected board.
council, commillrri.on, authority, or ClO'I1IJI1ittee. It appliea equally to memben of aclvi&Ory and. non.acJ.vieory bodi.. who are preeented
with a voting conflict of interelt under Section 112.31"3, Florida. Statut...
YOllr r..ponlibilic.. IInder the law when fa<.ed with voting on a meesun in which you haw 11 conflict of intereot will vary greatly
depending on whether you hold an 81ec:tive or appointive position. For this relLlOn, pI.aee pay cloee attention tD the in.&tructionlS on
thia form before com plating tha reveroe aide and filing the Conn.
INS'mUCTIONS FOR COMPLIANCE WITH SECTION 112.3143. FLORIDA STATUTES
A penon boldinI' elective or Appointive county, municipal, or other local public office MUST ABSTAIN from voting on a ma.o.aunI
which inures to hi. or her special private gain or loss. Each .lectad or appointed loea1 offi~r also ill prohibited from knowingly votine
on a m...ura which inllre. to tha .pociaI gain or 1001I of a principal (other than a govarnment aeen<:y) by whom he or ahe i. retained
(ineluding the parent organization or .ub8idiary of. eorporate principal by which he or she i. retained); to the special private gain or
10M fI a relative: or to the .pedal privata gain or 10ea m a bu-ir\8" ..lIDCi.te. Commiuional'l of community redevelopment agencies
IInder See. 163.356 or 163.357. F .s.. and afficen oC indepandent apacial tax diatricta al..ted on a .......acn. one-vote buia are not pro-
hibited from voting in that capacity.
Por purpo..a of thi. la.... a "relative" ineludaa only the offiur'. fathor. mather, BOn, daUllhtAlr. huaband, wife, brother. aiater, Cather.
in-law, mother-in-law. lOft-in-law. and daucht:elr-tn~.w. A "busi:ne.. ueociate-lDean8 any pel'8Ol1. or entity engaged in or c:arrying on
a bualneaa anterprl.. with the ollie... .. a pIOItIwr, joint venlllr.... COOW1l8l' m property. or corporate .hereholcler (when tha .hare. of
the c::arpomtion .... not liated on any natianal ar recional at<x:k e>ll:\umpl.
a
.
.
a
.
.
.
.
.
.
.
.
.
.
.
.
ELEC'lm OFFlCE1lS:
In addition to abetainiae rr- votinc in the aitllation. daacribed abov.. you must diacloae th. conflict:
PRIOR TO THE VOTE BEING TAKEN by pllblicly Btal:ing to the aaaembly tha natur. of YOllr interact in the measure on
wbidJ 1"" lire ahacaining li'om YotiDg: 4nd
WITHIN 15 DAYS AFTER THE VOTE OCCURS by complatinc ancl filinc thi. Corm with the peroon ra.ponaible far recorcling
the minutea of the _nc. who abau1d inc:orporate tho form in the mlnutea.
.
.
.
.
.
.
.
.
.
.
.
.
"
.
.
APPOINTED OFFICERS:
You muat abetain from voting and dioc1aoa the eonlliet ;n the lit\l8lion. delCribed above BOd in the m&nlllll' deoc:ribed for alaeted om.
cera. In ard.e'r to participate in th... matten. you mUlt cliae108G tho nature of the eonflict befOl'e making any attempt to influence tho
dec:ision. whether onlly or in writiae ancl whathar made by yoll or at your dirac:tion.
IF YOU INTEND TO MAKE ANY ATl'EMPl' TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE
VOTE WILL BE TAKEN:
. You MIlOt compla'" ancl file \hi. form (befora making any attompt to influence tha daciaion) with the person roaponsible for
reeording the minutes of the meeting, who will incarporau the farm ip the minute..
A copy of the Conn mllll be provided immedialAlly to the othar membore of the agancy.
" The Corm mUlt be read pllblicly at tha next lOCOting after the form i. filed.
ce FOR... 88 - REV. 1195
PAGE'
IF YOU MAKE NO ATl'ENPl'TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
. You .must diKlOlfO CX'.uy th.. natunt of)'Our conffia in. the meaaur~ before plU"tieipat:i.ng.
. You must complote the form and file it within 16 .!ays 8ft.or tne vote OCC'Ut'8 with the penon responrribl_ for t'8OOt'ding the
minute. of 'the m..till8. who mtut inc.arpora~ the fonn in the minute.. A copy of the fann m\l8t b. provided immediately to tha
ot!ulr memben c(tho aeencr, and tM fonn must be nad publicly at the next meeting a*er the form i. m.d.
DiSClOSURE OF LOCAL OFFICER'S INlEREST
I, jf FRl.E'I fYl. P/ittlLOuJ boreby dioel_ that on AP(l.,1... '2.-
20<12....-
~_:
(a) A measuro c:anWl or will come bef.... my aceney whi"" (cbeck one)
in1.U"ed CO my lIp8dal private gain or 1088;
_ inured. to the special gain or tou<< my business aSlMXi.ate1
_ inu...d to the BpeCial gain or los1 of,")" relative,
~ inUl'Gd to the special gain or 1_ at' ~ C! lie. -..+
whom I am retaiNld; 01'
_ inured to tho opedal pin or Ioaa of
is the parent organUation or INbeidiary of. principal whieh has retainad me.
(b) The meuure before my agemy' and the nature of my r:onflic:ting interost in d1e measure is lIS follow,:
by
, which
l..{..c:.N.... 3 -
R:J u.~... (b /'f\>M-tS,t'o.\) .J"\ErT7ll4
Ii P/l..lL. '2 l2oo7....
Data F>M<! .
2z!/
NanCE: UNDER PROVISIONS OF FLORIDA STATUTES 1112.317, A FAILURE TO MAKE ~ REQUUlED DISCLO-
SURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
Da'EACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OIl. EMPLOYMENT, DEMOTION, REDUCTION IN
SAU.RY. REPRIMAND, OR A CML PENALTY NOT TO EXCEED $10,000.
CE FORM 88 - REV. 1/95
PAGE 2
~
.
MINUTES
COMMISSION WORKSHOP MEETING
APRIL 2, 2002 3 PM
Aventura Government Center
19200 W. Counby Club Drive
Aventura, Florida 33180
The meeting was called to order at 3:00 p.m. by Mayor Jeffrey M. Perlow. Present were
Commissioners Jay R. Beskin, Ken Cohen, Manny Grossman, Harry Holzberg, Vice
Mayor Patricia Rogers-Libert, Mayor Perlow, City Manager Eric M. Soroka, City Clerk
Teresa M. Soroka, and City Attorney David M. Wolpin. Commissioner Arthur Berger
was absent due to illness. As a quorum was determined to be present, the meeting
commenced.
1. CULTURAL CENTER ISSUES: Commission discussed whether or not to proceed
with this project at this time. Janet Laine, Don Gustin, Len Brenner, Efraim
Weinberg and Joseph Platnick spoke to the issue.
CITY MANAGER SUMMARY: Consensus at this time to proceed only with selection
of Foundation members. Commission directed City Manager to meet with
representatives of Loehman's Town Center project to obtain property to be used for
Cultural Center.
The meeting recessed at 4:30 p.m. and reconvened at 5:00 p.m.
2. FOOT SURPLUS PROPERTY: City Manager advised the Commission of FDOT's
offer of property to the City located on the east side of Biscayne Boulevard between
NE 202nd and 203rd Street which was previously used for their construction trailers.
CITY MANAGER'S SUMMARY: Consensus to proceed with acquisition.
3. NEWSPAPER STANDS: City Manager provided rendering of newspaper vending
machine stands.
CITY MANAGER'S SUMMARY: Consensus to proceed.
City Manager advised Commission of Reverend Keyser's request that the City
participate in the National Day of Prayer ceremonies.
CITY MANAGER'S SUMMARY: Consensus not to participate.
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 at 5:30 p.m.
Approved by the Commission on
Teresa M. Soroka, CMC, City Clerk
,2002.
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 Indudes the testimony and evidence upon which the appeal is to be based.
~
.
MINUTES
COMMISSION WORKSHOP MEETING
APRIL 12, 2002 4 PM
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
The meeting was called to order at 4:00 p.m. by Mayor Jeffrey M. Perlow. Present were
Commissioners Jay R. Beskin, Ken Cohen, Manny Grossman, Harry Holzberg, Patricia
Rogers-Libert, Vice Mayor Arthur Berger, Mayor Perlow, City Manager Eric M. Soroka
and City Clerk Teresa M. Soroka. As a quorum was determined to be present, the
meeting commenced.
Commission discussed the format for City update presentations scheduled during the
months of April and May. After extensive discussion, consensus to continue with
meetings presently scheduled, presided by Mayor Perlow with the City Manager. All
Commissioners being seated on the dais. Mayor to defer to City Manager for response
to questions on which the Commission has not yet discussed or reached a consensus
and/or technical issues.
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 5:25 p.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
,2002.
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.
A~
.
MINUTES
COMMISSION WORKSHOP MEETING
APRIL 26, 2002 9 AM
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
The meeting was called to order at 9:10a.m. by Mayor Jeffrey M. Perlow. Present were
Commissioners Jay R. Beskin, Ken Cohen, Manny Grossman, Patricia Rogers-Libert,
Vice Mayor Arthur Berger, Mayor Perlow, City Manager Eric M. Soroka and City Clerk
Teresa M. Soroka. Commissioner Harry Holzberg was absent. As a quorum was
determined to be present, the meeting commenced.
Commission discussed the intersection of 199th Street and Biscayne Boulevard.
The meeting recessed at 10 a.m. for Arbor Day ceremony. The meeting reconvened at
11 a.m.
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 11 :50 a.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
,2002.
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.
A~
.
MINUTES
COMMISSION WORKSHOP MEETING
APRIL 30, 2002 9:00 AM
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
The meeting was called to order at 9:05 a.m. by Mayor Jeffrey M. Perlow. Present were
Commissioners Jay R. Beskin, Ken Cohen, Manny Grossman, Harry Holzberg, Patricia Rogers-
Libert, Vice Mayor Arthur Berger, Mayor Perlow, City Manager Eric M. Soroka, City Clerk
Teresa M. Soroka, and City Attorney David M. Wolpin. As a quorurn was determined to be
present, the meeting commenced.
1. NE 199rH STREET CROSSING: Tinter & Associates, Traffic Consultants, addressed the
Commission. City Manager announced that the City has engaged the law firm of Blosser &
Sayfie to make the City's presentation at the Public Hearing
CITY MANAGER SUMMARY: No action necessary.
2. CULTURAL CENTER LAND PROPOSALS: City Manager discussed proposal for location
of proposed Cultural Center as discussed with the Related Group.
CITY MANAGER'S SUMMARY: No action necessary
3. LOR CLEAN-UP AMENDMENTS: Sylvia Vargas, Wallace Roberts & Todd, the City's
planning consultant, addressed the Commission and discussed the proposed definition of
"hotel" and "extended stay". John Minea, Turnberry & Associates, Cliff Schulman, Esq.,
Stanley Price, Esq., Ben Fernandez, Esq., and resident George Goldberg addressed the
Commission.
CITY MANAGER'S SUMMARY: Consensus, as to hotel definition, to amend per discussion
and address at May 7, 2002 Commission and LPA meeting. Consensus to provide in the
proposed ordinance amending the definition of building and temporary uses a provision
providing a timeframe of 180 days and submittal of a bond to the City.
4. PROPOSED COMMUNITY CENTER PROGRAMS/COMMUNITY SERVICES PROGRAM
CALENDAR: (Addressed prior to item 3) Commission reviewed and discussed the
Programming Matrix and scheduled Programs/Events for July-December 2002 as
recommended by the Community Services Advisory Board.
CITY MANAGER'S SUMMARY: Consensus to proceed with programming as presented.
5. MISS AVENTURA PAGEANT REQUEST: Community Services Department Director
Robert Sherman explained the request from the Miss Aventura Pageant for funding to the
Destiny School of Etiquette and requested direction from the Commission.
CITY MANAGER'S SUMMARY: Consensus to deny request.
6. MORRIS LAPIDUS BUILDINGS (Commissioner Roqers-Libertl: Commissioner Rogers-
Libert suggested the Commission consider providing special designations for residential
buildings in the City designed by long-time south Florida architect Morris Lapidus in his
memory.
CITY MANAGER'S SUMMARY: Consensus to take no action.
7. 188TH STREET RE-ZONING -INCENTIVE PACKAGE 2: (Addressed after item 4) Stanley
Price, Esq., and Robert Glantz, of Taylor Woodrow, addressed the Commission and
requested amended incentive package.
CITY MANAGER'S SUMMARY: City Manager to meet with Mr. Price to discuss revision of
incentive package.
Commission discussed statements made at the recent Joint Council of Aventura meeting
concerning the intersection of Biscayne Boulevard and 199th Street.
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 11 :55
a.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
,2002.
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
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
Eric M. Soroka, City
Manager
TO:
City Commission
BY:
Antonio F. Tomei,
OATE: April 12, 2002
SUBJECT: Biscayne 7 Landscape Improvements
Florida Department of Transportation Joint Project Agreement
May 7, 2002 City Commission Meeting Agenda Item ~ [')
Recommendation
It is recommended that the City Commission adopt the attached Resolution authorizing
the City Manager to execute the attached Joint Project Agreement for Highway
Landscaping with the Florida Oepartment of Transportation (FOOT), for the Biscayne 7
Landscape Improvements project.
Backaround
As part of the FOOT's permit approval for the installation of landscaping within the
Biscayne Boulevard medians and rights-of-way, the City is required to enter into a Joint
Project Agreement.
The Agreement outlines the City's requirements and responsibilities as they pertain to
construction, maintenance and monetary compensation from FOOT. The City will
receive $800,000 from FOOT to fund the improvements. The Agreement is similar to
the other documents that were executed for landscaping improvements associated with
earlier phases. The document has been reviewed by the City Attorney.
If you have any questions please feel free to contact me.
Attachments
RESOLUTION NO. 2002-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED JOINT PROJECT AGREEMENT FOR
HIGHWAY LANDSCAPING IMPROVEMENTS ALONG BISCAYNE
BOULEVARD PHASE 7 BY AND BETWEEN THE CITY OF AVENTURA
AND THE FLORIDA DEPARTMENT OF TRANSPORTATION;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND
EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached Joint
Project Agreement for Highway Landscaping Improvements along Biscayne Boulevard
Phase Seven by and between the City of Aventura and the Florida Department of
Transportation.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
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
and upon being put to a vote; the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
Resolution No. 2002-_
Page 2
PASSED AND ADOPTED this 7th day of May, 2002.
JEFFREY M PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
,
Florida Department of Transportation
JEB BUSH
GOVERNOR
THOMAS F. BARRY, JR.
SECRETARY
March 7, 2002
City of Aventura
Eric M. Soroka, City Manager
! 9200 Country Club Drive
A ventrua, Florida 33180
Dear Mr. Soroka,
Enclosed please find four copies of the proposed Joint Project Agreement between the City of
Aventura and the Florida Department of Transportation, concerning the landscaping project along US-
lISR-5/Biscayne Boulevard, frorn NE I 88th Street to NE 209'h Street.
Please review the Agreement and forward any comments or concerns to us as soon as possible. If
acceptable please sign four copies of the Agreement and attach the required City Resolution. Once the
Ab'feernent is executed a signed origmal will be sent to you.
Should you have any questions I may be contacted at (305) 470-5463. Thank you for your continuing
,UPPOlt toward the beautification ofUS-lISR-5/Biscayne Boulevard.
Sincerely,
~~-~
Steven Craig James
District Landscape Architect
cc:
Antonio F. Tomei, City Capital Projects Manager
Jose Abreu, P.E., FDOT District VI Secretary
Gus Pego, P .E., FDOT Director of Operations
Johnny Martinez, P.E., FDOT Director of Production
\AAAn", r1n~ Qf'!::lt'C1 fI IIQ
~__...v....,.... ...._...
J.P.A. No.
State Project No.
W.P.I. No.
F.M. No.
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
JOINT PROJECT AGREEMENT FOR HIGHWAY LANDSCAPING
THIS AGREEMENT, entered into this _ day of ,20_, by and between
the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the
State of Florida, hereinafter called the "DEPARTMENT", and the CITY OF A VENTURA, a municipal
corporation ofthe State of Florida, existing under the Laws ofthe State of Florida, hereinafter called the
"CITY".
WITNESSETH
WHEREAS, as part of the continual updating of the State of Florida Highway System, the
DEPARTMENT for the purpose of safety has created roadside areas and median strips on that part of the
of the State Highway System described by Attachment "A", which by reference hereto shall become a part
hereof, within the corporate limits ofthe CITY; and
WHEREAS, the purpose of this agreement is to allow the CITY to prepare plans and
specifications and install landscaping and irrigation within the DEPARTMENT'S right-of-way.
WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement
designating and setting forth the responsibilities of each party; and
WHEREAS, the CITY by Resolution No. dated , 20_, attached
hereto as Attachment "B", which by reference hereto shall become a part hereof, desires to enter into this
Agreement and authorizes its officers to do so;
NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the
parties covenant and agree as follows:
1. CITY'S RESPONSIBILITY
1.1. The CITY has provided the DEPARTMENT with landscaping plans and the
DEPARTMENT has issued the CITY a permit for the plans and both the plans and the
permit are included as Attachment "C", which by reference hereto shall become a part
hereof, for the DEPARTMENT'S right-of-way within the limits of the assigned location.
The CITY shall not change said plans without prior written approval from the
DEPARTMENT. The CITY warrants that said plans, at a minimum, comply with the
Chapter 14-40, Part I, Florida Administrative Code, and the Department's Roadway and
Traffic Design Standards and Plans Preparation Manual, and that the installed landscaping
and irrigation shall remain in compliance therewith throughout the term of this Agreement.
1.2. The CITY shall provide the DEPARTMENT accurate as built plans so ifin the future
there is a need for the DEPARTMENT to perform work in the area accommodations can
be made as much as possible.
J.P.A. No.
State Project No.
W. P. 1. No.
F.M. No.
1.3. During the installation of the project and future maintenance operations the CITY shall
perform maintenance of traffic in accordance with the 1988 edition ofthe MUTCD and the
current DEPARTMENT Roadway and Traffic Design Standards. If there is a need to
restrict the normal flow of traffic it shall be done on off peek hours.
1.4. The CITY shall provide the local maintenance office located at 1655 NE 205th Terrace
North Miami Beach, phone: (305) 654-7163, a twenty-four (24) hour telephone number and
the name of a responsible person that the DEPARTMENT rnay contact. The CITY shall
notify the local maintenance office forty-eight (48) hours prior to the start of the project.
1.5. The CITY shall be responsible to clear all utilities within the project limits. If it becomes
necessary to provide utilities to the rnedian or side areas (water/electricity) it shall be the
CITY'S responsibility to obtain a permit for such work through the local maintenance
office.
1.6. The CITY shall not commence the work described in this Agreement until it has all
necessary permits to perform the work at the location.
1.7. The CITY shall not allow landscaping to obstruct roadside signs or permitted outdoor
advertising signs.
1.8. The CITY shall maintain records of costs incurred under the terms ofthis Agreement and
shall make them available upon request to the DEPARTMENT at all times during the
period of this agreement and for three years after final payment is made. Copies of these
documents and records shall be furnished to the DEPARTMENT upon request. Records
of costs incurred includes the CITY'S general accounting records and the project records,
together with supporting documents and records, of the CITY and all subcontractors
performing work on the project, and all other records of the CITY and subcontractors
considered necessary by the DEPARTMENT for a proper audit of costs.
1.9. An independent Turf and Landscape Maintenance Memorandum of Agreement for the site
described in Attachment' A' is executed between the CITY and the DEPARTMENT. All
maintenance costs associated with maintaining the landscaping installed in accordance with
this Agreement shall be the sole responsibility of the CITY. Said maintenance agreement
rnay include reimbursement to the CITY for maintenance of only sod within the project
lirnits.
1.10. The CITY shall remove or replace dead or diseased plant materials in their entirety, or
remove or replace those that fall below original project standards. All plant materials
removed or replaced for whatever reason shall be replaced by plants of the same size and
grade as specified in the original plans and specifications.
J.P.A. No.
State Project No.
W.P.I. No.
F.M. No.
1.11. To the extent permitted by law, the CITY shall indemnify and hold harmless the
Department, its officers and employees from all suits, actions, claims and liability arising
out of the CITY'S negligent performance of the work under this Agreement, or due to the
failure of the CITY to construct or maintain the project in conformance with the standards
described in Sections I and 2 of this Agreement.
1.12. The CITY may construct additional landscaping within the limits of the right-of-way
identified as a result of this document, subject to the following conditions:
(a) Plans for any new landscaping shall be subject to approval by the
D EP ARTMENT. The CITY shall not change or deviate from said plans with out
written approval by the DEPARTMENT.
(b) All landscaping shall be developed and implemented in accordance with
appropriate State safety and road design standards.
(c) The CITY agrees to comply with the requirements of this Agreement with regard to
any additional landscaping installed.
(d) No change will be made in the payment terms established under item number four
(4) of this Agreement due to any increase in cost to the CITY resulting from the
installation of landscaping added under this item.
2. MAINTENANCE
2.1. The CITY agrees to maintain the landscaping and irrigation within the rnedian and areas
outside the travel way to the right-of-way line, excluding sidewalk and crosswalks, unless
constructed with other than concrete or asphalt at the CITY'S request, by periodic
trimming, cutting, mowing, fertilizing, litter pickup and necessary replanting, following the
DEPARTMENT'S landscape safety and plant care guidelines. The CITY'S responsibility
for rnaintenance shall include all landscape and turf areas and areas covered with
interlocking pavers or similar type surfacing (hardscape) within the median, crosswalks,
and areas outside the travel way to the right-of-way line on Department of Transportation
right-of-way within the limits of the Project.
3. FUTURE CRITERIA OR PLANNING
3.1. It is understood between the parties hereto that the landscaping subject to this Agreement
may be removed, relocated or adjusted at any tirne the DEPARTMENT deems necessary
in order that the adjacent State road be widened, altered or otherwise changed and
maintained to meet with future criteria or planning of the DEPARTMENT. The CITY
shall be given sixty (60) calendar days notice to remove said landscaping/hardscape after
which time the DEPARTMENT may remove the same and any mitigation required for
remaining landscapelbardscape shall be the responsibility of the CITY.
J.P.A. No.
State Project No.
W.P.I. No.
F.M. No.
4. METHOD OF COMPENSATION
4.1. The DEPARTMENT will reimburse the CITY in a lurnp sum amount not to exceed Eight
Hundred Thousand Dollars ($800,000) for the CITY to prepare plans and specifications
and install landscaping and irrigation, bring lighting frorn the road into the medians (with
the approval of the DEPARTMENT), and to perform such in accordance with the
permitted plans and specifications.
4.2. The CITY agrees to return all monies received under the terms of this Agreement, to the
DEPARTMENT, should the landscaped area fail to be maintained in accordance with the
terms and conditions of this Agreement.
4.3. The DEPARTMENT'S participation in this project cost is limited to only those items that
are directly related to this project. Payment shall not be made until (1) certification of
cornpletion and a invoice marked "final" is received frorn the CITY and (2) certification of
acceptance is received from the CITY'S Landscape Architect/or designee and (3) a
DEPARTMENT Landscape Architect and/or his designee has approved the project for
final payment.
4.4. Payment shall be rnade only after receipt and approval of goods and services as provided in
Section 215.42, Florida Statutes.
4.5. Any penalty for delay in payment shall be in accordance with Section 2l5.422(3)(b),
Florida Statutes.
4.6. Bills for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper pre-audit and post-audit thereof.
5. TERMS
.5.1. The terms of this Agreement shall commence when the DEPARTMENT issues the CITY
a Notice to Proceed.
5.2. The term ofthis Agreement is two years from the date noted in the notice to proceed.
5.3. The DEPARTMENT'S obligation to pay under this section is contingent upon an annual
appropriation by the Florida Legislature.
5.4. This writing embodies the entire Agreement and understanding between the parties hereto
and there are not other agreements and understanding, oral or written reference to the
J.P.A. No.
State Project No.
W . P . I. No.
F.M. No.
subject matter hereof that are not merged herein and superseded hereby.
5.5. This Agreement is not transferable and nonassignable in whole or in part without prior
written consent of the DEPARTMENT.
5.6. This Agreement, regardless of where executed shall be governed by, and construed
according to the laws of the State of Florida.
5.7. Nothing in this Agreement shall be construed to violate the provisions of Section
339. 135(6)(a), Florida Statutes (1997), which provides as follows:
The Department, during any fiscal year shall not expend money, incur any liability, or enter
into any contract which, by its terms, involves the expenditure of money in excess of the
amounts budgeted as available for expenditure during such fiscal year. Any contract,
verbal or written, made in violation of this subsection, is null and void and no money may
be paid on such contract. The Department shall require a statement from the Comptroller
of the Department that funds are available prior to entering into any such contract or other
binding commitment of funds. Nothing herein contained shall prevent the making of a
contract for periods exceeding one year, but any contract so made shall be executory only
for the value of the services to be rendered or agreed to be paid for in succeeding fiscal
years; and this paragraph shall be incorporated verbatim in all contracts of the Department
which are of an amount in excess of $25,000 and which have a term for a period of more
than one year.
6. TERMINATION
6.1. This Agreement or part thereof is subject to termination under anyone of the following
conditions:
(a) Within thirty (30) days following mutual written consent by both parties.
(b) By the DEPARTMENT, if the CITY fails to perform its duties under Paragraph 2,
following ten (10) days written notice.
(c) By the DEPARTMENT, for refusal by the CITY to allow public access to any or all
documents, papers, letters, or other materials made or received by the CITY pertinent
to this Agreement which are subject to provisions of Chapter 119 Florida Statutes.
J.P.A. No.
State Project No.
W. P. I. No.
F.M. No.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day
and year first above written.
CITY OF A VENTURA
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
By:
City Manager
District Secretary
ATTEST:
(SEAL) ATTEST:
(SEAL)
City Clerk
Executive Secretary
APPROVED AS TO LEGAL FORM:
By:
By:
City Attorney
District General Counsel
J.P.A. No.
State Project No.
W. P . 1. No.
F.M. No.
ATTACHMENT "A"
PROJECT LOCATION
Listed below is a description of the project location and limits to be covered by this Agreement,
attached hereto and incorporated herein.
US HIGHWAY #1/ST ATE ROAD #5/BISCA YNE BOULEVARD
FROM:
NE 199th Street
TO:
NE 210" Street
ATTACHMENT "B"
CITY RESOLUTION
City of Aventura Resolution No.
attached hereto and incorporated herein.
dated
J.P.A. No.
State Project No.
W.P.I. No.
F.M. No.
,20_,
J.P.A. No.
State Project No.
W.P.I. No.
F.M. No.
ATTACHMENT "C"
PERMITTED PLANS
The DEP A TPMENT agrees to reimburse the CITY for the installation of the project as reflected
in the permitted plans, attached hereto and incorporated herein.
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
TO:
BY:
City Commission _,
Eric M. Soroka, Ci~an~
~ore, Fin;nce u
ort Services Director
FROM:
DATE: April 19, 2002
SUBJECT: Comprehensive Annual Financial Report - FY 2000/2001
May 7,2002 City Commission Meeting Agenda Item b t!..,
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, 2001."
Backaround
The Comprehensive Annual Financial Report (CAFR) was distributed to the
Mayor and Commissioners on April 4th, 2002. A memorandum was distributed
along with the CAFR.
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.
A representative of Keefe McCullough & Company, 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 me prior to the
meeting.
HMKlmn
Cityof AFlorida
. ov.-AVkit
V ii=i; _
.a
1 � �
7t �: _ i ' 1
7C
s , FLO'
s Comprehensive Annual Financial Report
.•
For the Fiscal Year Ended
September 30, 2001
PAINIROMEMP
111.011111011.10
• 161.10.1.01111W
ill' , .. iniPletwiwor
_ „x,1,1, ,.,
'Ill ' .1 .
r
w/ 1 II
4
`i tP
_,. r,
L
L
COMPREHENSIVE ANNUAL FINANCIAL REPORT
OF THE
fh CITY OF AVENTURA, FLORIDA
FOR THE YEAR ENDED
SEPTEMBER 30, 2001
C
L
L
I
Prepared By:
Finance Support Services
C
E
C
I
C
L CITY OF AVENTURA, FLORIDA
COMPREHENSIVE ANNUAL FINANCIAL REPORT
LFOR THE YEAR ENDED SEPTEMBER 30, 2001
TABLE OF CONTENTS
IPAGES
INTRODUCTORY SECTION
ELetter of Transmittal i-viii
City Officials ix
City Governmental Structure x
LCertificate of Achievement of Excellence in Financial Reporting xi
FINANCIAL SECTION
IIndependent Auditors' Report 1-2
General Purpose Financial Statements (Combined Statements - Overview)
LCombined Balance Sheet - All Fund Types and Account Groups 3-4
Combined Statement of Revenues, Expenditures and Changes in
Fund Balances - All Governmental Fund Types 5
Statement of Revenues, Expenditures and Changes in Fund
r Balance - Budget and Actual - All Budgeted Governmental
Fund Types 6-7
Statement of Revenue, Expenses and Changes in Retained
Earnings - Proprietary Fund Type 8
Statement of Cash Flows - Proprietary Fund Type 9
ENotes to General Purpose Financial Statements 10-21
Combining, Individual Fund and Account Group Statements and Schedules
General Fund
IStatement of Revenues and Expenditures - Budget and Actual 22-24
Special Revenue Funds
LCombining Balance Sheet 25-26
Combining Statement of Revenues, Expenditures and
E •
Changes m Fund Balances 27-28
Statement of Revenues, Expenditures and Changes in Fund
Balances - Budget and Actual 29-32
Debt Service Funds
LCombining Balance Sheet 33
Combining Statement of Revenues, Expenditures and
Changes in Fund Balances 34
CITY OF AVENTURA, FLORIDA
COMPREHENSIVE ANNUAL FINANCIAL REPORT
FOR THE YEAR ENDED SEPTEMBER 30, 2001
TABLE OF CONTENTS
(CONTINUED)
PAGES I
Statement of Revenues, Expenditures and Changes in Fund
Balances - Budget and Actual 35 I
Capital Projects Funds
Combining Balance Sheet 36
Combining Statement of Revenues, Expenditures and
Changes in Fund Balances 37-38 i
Statement of Revenues, Expenditures and Changes in Fund
Balances - Budget and Actual 39-40
General Fixed Assets Account Group
Schedule of General Fixed Assets - By Source 41
Schedule of General Fixed Assets - By Function
and Activity 42
Schedule of Changes in General Fixed Assets -
By Function and Activity 43
STATISTICAL SECTION (NOT COVERED BY INDEPENDENT AUDITORS' REPORT)
Table 1 - General Governmental Expenditures by Function 44-45 1
Table 2 - General Governmental Revenues by Source 46-47
Table 3 - Property Tax Levies and Collections 48-49
Table 4 - Assessed Value of Taxable Property 50
Table 5 - Property Tax Rates - Direct and Overlapping Governments 51-52 1
Table 6 - Ratio of Net General Bonded Debt to Assessed Value and ■
Net Bonded Debt Per Capita 53-54
Table 7 - Computation of Legal Debt Margin 55
Table 8 - Computation of Direct and Overlapping Debt 56
Table 9 - Ratio of Annual Debt Service Expenditures for General
Bonded Debt to Total General Governmental Expenditures 57
Table 10 - Estimated Value of Construction 48
Table 11 - Principal Taxpayers 59
Table 12 - Demographics and Miscellaneous Statistics 60
CITY OF AVENTURA, FLORIDA
COMPREHENSIVE ANNUAL FINANCIAL REPORT
FOR THE YEAR ENDED SEPTEMBER 30, 2001
TABLE OF CONTENTS
(CONTINUED)
PAGES
OTHER REPORTS OF INDEPENDENT AUDITORS
Independent Auditors' Report on Compliance and on Internal Control
over Financial Reporting Based on an Audit of Financial Statements
Performed in Accordance with Government Auditing Standards 61-62
Independent Auditors' Report to City Management 63-64
L
L
L
L
Y
L
C
I
INTRODUCTORY SECTION
E
Nut:,, City of
rr
AventuraL 4-. Government Center
�P �' ' PLO�� �c 19200 West Country Club Drive
'u'q 4 go Aventura, Florida 33180
JEFFREY M.PERLOW
MAYOR
CMarch 28, 2002
COMMISSIONERS
ARTHUR BERGER
L JAY R.BESKIN
KEN COHEN
HARRY HoL20ERG
Honorable Mayor and MANNY GROSSMAN
LMembers of the City Commission PATRICIA a«:ERSIJRERr
City of Aventura
Aventura, Florida ERIC M.SO0.oRA
CITY MANAGER
EIn accordance with Section 11.45, Florida Statutes, and Section 4.11 of the City Charter,
submitted herewith is the Comprehensive Annual Financial Report for the fiscal year ended
L September 30, 2001. Responsibility for both the accuracy of the data and completeness and fairness
of its presentation, including all disclosures, rests with the City. Management believes that the data
presented is accurate in all material respects; that it is presented in a manner designed to present
L fairly the financial position and results of operations of the City as measured by the financial
activity of its various funds and account groups and that all disclosures necessary to enable the
reader to gain the maximum understanding of the City's financial affairs have been included.
LThis Comprehensive Annual Financial Report consists of four parts as follows:
1. Introductory Section - This section is designed to introduce
L the reader to the report and includes the table of contents, the
transmittal letter, the governmental structure, a list of
principal officials and the Certificate of Achievement for _.
CExcellence in Financial Reporting.
2. Financial Section - This section includes the opinion of the
independent auditors followed by the General Purpose
L Financial Statements (GPFS). The GPFS are the combined
financial statements of the City together with the notes to the
financial statements. These basic combined financial
L statements and notes are designed to provide an overview of
the City's financial position and results of operations. The
remainder of this section presents the combining, individual
. fund and account group statements and schedules.
L
3. Statistical Section - This section presents summary financial
and demographic information on the City for the first six
L years of its operations and information on overlapping taxing
authorities. Each year, an additional year will be added to
create a good historical overview of the City.
L
PHONE: 305-466-8900 • FAX: 305-466-8939
www.cityofaventura.com
i
I
4. Compliance Section - This section includes those reports
required to comply with Governmental Accounting Standards
and Rules of the Auditor General of the State of Florida.
THE REPORTING ENTITY AND ITS SERVICES
The City of Aventura was incorporated on November 7, 1995 and is a political subdivision of
the State of Florida. The City operates under a commission-manager form of government and
provides General Government, Public Safety and Community Services to its residents and business
community. The Mayor and six City Commissioners are responsible for establishing policies for
City Government. The Mayor and Commission appoint the City Manager who is the Chief
Administrative Officer of the City and is responsible for implementing policies adopted by the
Commission. i
This upon includes all of the funds and account groups for which the City of Aventura is
financially accountable. Although the Miami-Dade Board of County Commissioners, Miami-Dade
District School Board, South Florida Water Management District and Florida Inland Navigation
District levy and collect taxes on property located within the corporate limits of the City of
Aventura, fmancial information on these.taxing authorities is not included in this report since each
has a separate elected governing body, are legally separate and are fiscally independent of the City.
Annual fmancial reports of these units of government are available upon request for each authority.
ECONOMIC CONDITIONS AND OUTLOOK 1
The City of Aventura serves an area of approximately 4 square miles with an estimated
population of approximately 26,000 residents. Prior to incorporation, the City received services
from Miami-Dade County as a part of their unincorporated municipal services taxing unit. The
City received no real property, facilities or equipment from Miami-Dade County upon
incorporation. 1
The City's combination of upscale residential and commercial developments results in a taxable
value of $ 3.5 billion with a land area of less than 4 square miles. This makes the City of
Aventura's taxable value per capita of approximately $ 135,000 among the highest in the County
and State. The 2000/01 fiscal year was another active construction year for the City with a good
combination of upscale housing and commercial projects. An analysis of projects in the various
stages of the planning and development process indicates that building activity will continue to be
geared toward similar type activities for two to three more years. The City's image as an upscale
community will continue to be enhanced by the operation of its own municipal services resulting
in a continuing emphasis of high quality development in the City. 1
MAJOR INITIATIVES
The establishment of a new municipal government structure to meet the needs of an existing
City resident and business base has required the dedication of elected officials, the City Manager
and all employees. The foundation on which to build the government structure has emphasized
customer service, one-stop shopping and privatization where appropriate. We will attempt to
highlight the primary matters which were accomplished during the 2000/01 fiscal year.
The 2000/01 fiscal year budget included a number of priorities and goals. The most significant
are discussed in the following paragraphs.
i
I
L
The budget included resources to achieve the following goals:
1. Work closely with the Miami-Dade County School Board to
obtain an elementary school within the corporate limits of the
City to serve our growing school age population.
2. Obtain additional sites within the City to expand parks and
recreational areas and to construct a community recreation
center.
Both of these goals were emphasized as essential to further enhance the quality of life of City
residents. After considerable investigative effort, it was determined that the Miami-Dade District
School Board would be unable to acquire and construct any school within Aventura's corporate
limits. Therefore, the City began exploring the possibility of establishing a charter school to serve
the educational needs of the City's youth.
Much progress was made in obtaining a charter school to serve students from kindergarten to
grade five. During the year, a site next to the City's proposed community recreation center was
identified on N.E. 188th Street. This:location would allow the school and community recreation
center to share facilities, parking, etc. resulting in a more efficient use of land and facilities. The
purchase of the site for the charter school was finalized in February, 2002 and plans are underway
for the construction of both facilities. It is anticipated that the community center will open in
December, 2002 and the charter school will be operational for the 2003 school year.
A third goal was to "occupy the new Government Center/Police Station facility." Our new
state-of-the-art Government Center opened in April, 2001. This 72,000 square foot facility houses
all government operations including the Police Department and Commission Chambers. It provides
one stop convenient services for our residents and also serves as a symbol of our identity. The
planning, logistics and coordination of the move from two leased facilities to the new Government
Center involved all City departments and employees from every level of the City's organization.
The move was accomplished over a weekend. The movement of computerized systems was
completed with little downtime and without the loss of data or program functionality. All customer
service functions (i.e. - building permits, requests for documents, etc.) closed on Friday afternoon
and were fully operational at 8:30 A.M. on the following Monday when the Government Center
opened to the general public.
FINANCIAL INFORMATION
Internal Accounting Control
Management of the City is responsible for establishing and maintaining internal controls
designed to ensure that adequate accounting data are compiled to allow for the preparation of
fmancial statements in conformity with generally accepted accounting principles. Internal control
is designed to provide reasonable, but not absolute, assurance that these objectives are met. The
concept of reasonable assurance recognizes that: (1) the cost of a control should not exceed the
benefits likely to be derived; and (2) the valuation of costs and benefits requires estimates and
[ judgments by management.
All internal control evaluations occur within the above framework. We believe that the City's
internal accounting controls adequately safeguard assets and provide reasonable assurance of proper
recording of fmancial transactions.
1kI
■ iii
I
Budgetary Control i
In accordance with City Ordinance, appropriations are legally controlled at the Department
level. Encumbrance accounting, under which purchase orders and other commitments for the
expenditure of monies are recorded in the accounting records is utilized throughout the fiscal year.
Overview of Financial Activity i
The accompanying financial statements reflect that the City has continued to expand its services
to meet the demands of its residential and business communities.
General Governmental Functions
For purposes of this section, general governmental functions are defined to include the General,
Special Revenue, Debt Service and Capital Projects Funds. The amount of revenue by sources are
summarized below:
Increase (Decrease) 1
From 1999/00
2000/01 Percentage
Revenue Sources Amount of Total Amount Percentage
I
Locally Levied Taxes
Ad Valorem $ 7,440,398 32.48% $ 299,743 4.20%
Utility Taxes 4,413,388 19.26% 67,213 1.5546
Franchise Fees 2.317.645 10.12% 87,159 3.91%
Subtotal - Taxes 14,171,431 61.86% 454,115 3.31% 1
Licenses and Permits 2,624,459 11.45% 737,682 39.10%
Charges for Services 647,410 2.83% (150,364) (18.85%)
Intergovernmental 2,688,105 11.73% (148,269) (5.23%)
Fines and Forfeitures 491,688 2.15% 49,971 11.31%
Impact Fees 799,766 3.49% 360,254 81.97%
Interest 1,115,650 4.87% 56,232 5.31%
Other 365.628 1.62% (31,246) (7.87%) ---
Total $ 22,904,137 100.90% $1.328375 6.16%
I
The increase in ad valorem taxes was the result of increases in taxable value, primarily due to
new additions to the tax roll. The tax rate was maintained at the same rate since the City's
inception.
The increase in licenses and permits was the result of increased building activity compared to 1
the previous year.
Charges for services decreased as a result of less police extra duty details compared to the prior
year. Since the extra duty detail program operates on a breakeven basis, the reduction in revenue
was offset by a reduction in the cost of these police services.
Fines and forfeitures increased because the amount of the forfeiture moneys deposited in the 1
Law Enforcement Trust Fund were significantly greater than the prior year. Revenues from this
source vary from year to year and are not budgeted or predictable.
iv I
L
LImpact fees increased dramatically because a large number of residential units received
certificates of occupancy during the year. This revenue source is volatile and varies from year to
year. Budgets anticipate less revenues in future years.
E\ The amount of operating and capital expenditures by function are as follows:
L Increase (Decrease)
From 1999/00
2000/01 Percentage
LFunction Amount of Total Amount Percentage
Operating Expenditures:
General Government
L City Commission $ 85,868 .31 % $ 17,679 25.93%
City Manager 529,874 1.91 % 52,892 11.09%
Finance Support Services 759,637 2.73% 149,047 24.41%
L Legal
City Clerk 237,330 .85% 49,067 26.06%
218.298 .79% 35.643 19.51%
Total General Government 1,831.007 6.59% 304.328 19.99%
LPublic Safety
Police 6,402,876 23.04% 171,535 2.75%
Community Development 2.204.907 7.94% 631,779 40.16%
LTotal Public Safety 8.607.783 30.98% 803.314 10.29%
Community Services 3,102,494 11.16% 384.766 14.16%
LNon-Departmental 725,434 2.61% 195.697 36.94%
Total Operating
LExpenditures 14.266,718 51.34% 1.688.105 13.42%
Capital Outlay 11.652.841 41.11% (197.943) (1.67%)
LDebt Service 1.902,830 7.55% 565.420 42.28%
Total operating and capital
expenditures $ 27 822 389 100.00% $ 2.055,582 7.98%
LiOperating expenses for the Finance Support Services Department increased substantially primarily due
to the addition of an information systems manager position and increased maintenance fees for computerized
systems.
The Community Development Department operating expenditures increased substantially. This is due
to higher building permit activity compared to the prior year. The City has privatized the building permit
inspection services through a contract which calls for the contracted firm to receive 65-70% of building
L permit revenues in exchange for performing all building inspections and other services. Therefore, the
increase in costs is offset by increased building permit revenues.
L The increase in Non-Departmental expenditures was due to occupancy of the new government center
in April, 2001. See Major Initiatives Section of this letter for more discussion concerning this matter.
C Debt service expenditures increased as a result of principal and interest payments on the Series 2000
Revenue Bonds. See Debt Administration for a discussion of this new bond issue.
L v
i
Fund Balances i
Fund balances represent the accumulation of resources from prior years which are available to fund
future years' budgets and for use as a reserve for unexpected events in the future. The fund balance at
September 30, 2001 for the General Fund is approximately$ 9.00 million, representing approximately 32%
of the 2001/2002 budget. A major portion of this amount ($ 6.9 million) is used to fund a capital reserve
account in the 2001/2002 budget. The capital reserve account may be allocated by the City Commission
to fund budget needs in the 2001/2002 or later fiscal years.
The fund balances in each special revenue, debt service and capital projects fund are designated for use
for the specific legal purposes of each fund.
Retirement Programs
The City contributes to three defined contribution pension plans based on employee classifications i
created in accordance with Internal Revenue Code Section 401(a). The plans currently cover all full-time
employees of the City. Under these plans, the City contributes between 12 and 18% of each employee's
salary, depending on the employee classification. There are no employee contributions. Employer
contributions for the fiscal year ended September 30, 2001 were $ 589,910.
A defined contribution pension plan provides pension benefits in return for services rendered, provides
an individual account for each participant and specifies how contributions to the individual's account are
to be determined instead of specifying the amount of benefits the individual is to receive. Under a defined
contribution pension plan, the benefits a participant will receive depend solely on the amount contributed
to the participant's account, the returns earned on investments on those contributions, and forfeitures of
other participant's benefits that may be reallocated to such participant's account.
In order to encourage employees to supplement the defined contribution plan, a deferred compensation 1
program is also available to all full-time employees. Under this program, employees may voluntarily elect
to defer a portion of their salary to future years. Both programs are administered by the ICMA Retirement
Corporation under trust agreement. The plan assets are separate and the City does not exercise control over
the assets. Therefore, the assets, liabilities and transactions are not included in the City's financial
statements.
Financing Programs and Debt Administration 1
The City currently has two outstanding long-term debt issues. At September 30, 2001, the principal
balance outstanding totaled $ 26,610,000. i
The Florida Municipal Loan Council loan is secured solely by a covenant to budget and appropriate the
required debt service payments each year. The loan is structured the same as a serial bond issue with
principal payments on April 1st and interest payments on April 1st and October 1st of each year with the
final maturity on April 1, 2029. Debt service requirements average approximately $ 1.35 million per year
over the thirty-year life of the bonds. Interest rates range from 3.2% to 5.125% depending on maturity
date.
The Series 2000 Revenue Bonds are bank qualified debt, secured solely by a covenant to budget and
appropriate the required debt service each year. This loan is structured the same as a serial bond issue with
annual principal payments due on October 1st of each year and semi-annual interest payments on April 1st
and October 1st. Debt service requirements average approximately $ 510,000 per year over the twenty year
life of the obligation. The interest rate is 5.04%.
As discussed in the subsequent event note to the financial statements, the City anticipates borrowing
approximately $ 14 million to finance land acquisition and construction of a charter school (approximately
$ 11 million) and certain other construction projects ($ 3 million). 1
vi i
E
General Fixed Assets Account Group
The general fixed assets for the City are those assets used in the performance of general government
functions. In accordance with generally accepted accounting principles for local governments, the City does
not record depreciation on general fixed assets nor does it record infrastructure assets such as roads,
bridges, curbs and gutters, streets and sidewalks, drainage systems, and similar assets that are immovable
and of value only to the City. Assets are recorded at cost; donations, if any, will be recorded at fair market
value at the date of receipt. As of September 30, 2001, the cost of general fixed assets totaled $ 38.8
million.
Cash Management
All funds, other than restricted cash held by Fiscal Agent resulting from the Florida Municipal Loan
Council transactions, are centrally managed through the use of a pooled cash account. During the year,
all funds in the pooled cash accounts were held in an interest bearing checking account collateralized
through the State Treasury Public Depository program or with the Florida State Board of Administration
r (SBA) investment pool. Proceeds of the Florida Municipal Loan Council are invested by the Florida
�y League of Cities investment program in short-term government securities. The checking account and SBA
investment pool and Florida League of Cities investment pool are fully insured and immediately available
and considered as cash and cash equivalents.
The total portfolio including the Florida Municipal Loan Council ranged from $ 16 million to $ 25
million during the year. The portfolio avenged approximately $ 19 million with interest earnings of
approximately $ 1.1 million resulting from an average rate of return of 5.6%.
Risk Management
The City is insured with the Florida Municipal Insurance Trust for liability, property and workers
compensation coverage. The liability limit under the policy is $ 5,000,000.
OTHER INFORMATION
Independent Audit
In accordance with Section 11.45(3)(a) (4), Florida Statutes, and Article I, Section 4.11 of the-City
Charter, the City engaged the firm of Keefe, McCullough & Co., LLP, Independent Certified Public
Accountants, to perform the independent audit of the City's accounts and records. The independent
auditors' reports are included in the Financial and Compliance sections.
Certificate of Achievement
The Government Finance Officers Association of the United States and Canada (GFOA) awarded a
Certificate of Achievement for Excellence in Financial Reporting to the City of Aventura for its
comprehensive annual financial report (CAFR) for the fiscal year ended September 30, 2000. The
Certificate of Achievement is a prestigious national award recognizing conformance with the highest
[` standards for preparation of state and local government financial reports.
In order to be awarded a Certificate of Achievement, a government unit must publish an easily readable
and efficiently organized comprehensive annual financial report, whose contents conform to program
L standards. The CAFR must satisfy both generally accepted accounting principles and applicable legal
requirements.
A Certificate of Achievement is valid for a period of one year only. We believe our current report
continues to conform to the Certificate of Achievement program requirements, and we are submitting it to
GFOA.
vii
1
Acknowledgements
The preparation of this report on a timely basis could not have been accomplished without the efficient
and dedicated services of the entire staff of the Finance Support Services Department. We express our
appreciation to all members of the Department who assisted and contributed to its preparation. We also
wish to thank the Mayor and City Commissioners for their interest and support in planning and conducting
the financial operations of the City in a responsible and progressive manner.
Respectfully submitted,
1
Harry M. Kilgore, C.P.A.
F' ance Support Services irector
•
Eric M. Soro
City Manager
1
1
1
1
I
1
1
1
1
viii 1
CITY OF AVENTURA, FLORIDA
CITY OFFICIALS
September 30, 2001
CITY COMMISSION
Jeffrey M. Perlow, Mayor
Arthur Berger
Jay R. Beskin
Ken Cohen
Manny Grossman
Harry Holzberg
Patricia Rogers Libert
CITY MANAGER
Eric M. Soroka
DEPARTMENT DIRECTORS
Harry M. Kilgore, Finance Support Services
Robert M. Sherman, Community Services
Brenda Kelley, Community Development
Teresa M. Soroka, CMC, City Clerk
Thomas E. Ribel, Police Chief
CITY ATTORNEYS
Weiss Serota Helfman Pastoriza & Guedes, P.A.
L
CITY AUDITORS
Keefe, McCullough & Co., LLP
Certified Public Accountants
L
t1C
` ix
CITY OF AVENTURA, FLORIDA
CITY GOVERNMENTAL STRUCTURE
September 30, 2001
I
I
I
, RESIDENTS1
I
CITY COMMISSION
I
CITY ATTORNEY CITY MANAGER CITY CLERK
i
E
Legal Services Administration Minutes ,
Budget Preparation Records Retention
Customer Service Clerical Support
Capital Projects
I
I
•
Public Safety Community Finance Support Community
Department Development Services Services
Department Department Department
Police Planning Finance/Accounting Community Facilities
Patrol Zoning Purchasing Parks/Beautification
Community Relations Building Inspections Risk Management ROW/Median Maintenance i
Criminal Investigations Code Enforcement Information Management Public Works
Traffic Enforcement Economic Development Personnel Mass Transit
Emergency Preparedness Occupational Licenses Special Events
Recreation/Cultural
I
I
x 1
r
L
Certificate of
Achievement
for Excellence
in Financial
Reporting
Presented to
IIP` City of Aventura,
Florida
For its Comprehensive Annual
Financial Report
for the Fiscal Year Ended
September 30, 2000
A Certificate of Achievement for Excellence in Financial
Reporting is presented by the Government Finance Officers
Association of the United States and Canada to
.r government units and public employee retirement
fY systems whose comprehensive annual financial
reports (CAFRs) achieve the highest
standards in government accounting
and financial reporting.
mm s /l,Jt
fieumear
uu
t a, ;O,)s P sident
/02,,Cr.et
Executive Director
L
.0 xi
FINANCIAL SECTION
IKEEFE, MCCULLOUGH&CO., LLP
w, CERTIFIED PUBLIC ACCOUNTANTS
6550 NORTH FEDERAL HIGHWAY
JOHN R.KEEFE,C.P.A. JOSEPH D.LEO.C.P.A. SUITE 41 O
IJOHN E.McCULLOUGH,C.P.A.(RETIRED) WILLIAM G.BENSON,C.P.A.
THOMAS T.CARPENTER,C.P.A. BRIAN D.PINNELL.C.P.A. FORT LAUDERDALE,FLORIDA 33308
PAUL B.SNEJDER,C.P.A.(RETIRED) KENNETH G.SMITH,C.P.A.
STEVEN H.WOODS,C.P.A. LOUIS R.PROIETTO,C.P.A. (954)771-0896
DAVID T.WILLIAMS,C.P.A. CYNTHIA L.CALVERT.C.P.A. FAX:(954)938-9353
I CECILE C.NOVAK,C.P.A. GERALD J.PIFFATH,JR..C.P.A. E-MAIL:lanc@kmccpa.com
CHARLES K.RUMPF,C.P.A. GERALD
PI VLAMIS,C.P.A.
I
' I INDEPENDENT AUDITORS' REPORT
To the Honorable Mayor, City Commission and City Manager
City of Aventura, Florida
Aventura, Florida
L
We have audited the accompanying general purpose financial statements of the City of
• C Aventura, Florida as of and for the year ended September 30, 2001, as listed in the table of
contents. These general purpose financial statements are the responsibility of the City of
Aventura's management. Our responsibility is to express an opinion on these general purpose
L financial statements based on our audit.
We conducted our audit in accordance with auditing standards generally accepted in the United
States of America and the standards applicable to fmancial audits contained in Government Auditing
f i Standards, issued by the Comptroller General of the United States. Those standards require that
we plan and perform the audit to obtain reasonable assurance about whether the financial statements
are free of material misstatement. An audit includes examining, on a test basis, evidence
L supporting the amounts and disclosures in the general purpose financial statements. An audit also
includes assessing the accounting principles used and significant estimates made by management,
as well as evaluating the overall general purpose financial statement presentation. We believe that
our audit provides a reasonable basis for our opinion.
LIn our opinion, the general purpose financial statements referred to above present fairly, in all
material respects, the financial position of the City of Aventura, Florida as of September 30, 2001,
L and the results of its operations and cash flows of its proprietary fund type for the year then ended
in conformity with accounting principles generally accepted in the United States of America.
In accordance with Government Auditing Standards, we have also issued our report dated
1 1 January 31, 2002, on our consideration of the City of Aventura's internal control over financial
reporting and our tests of its compliance with certain provisions of laws, regulations, contracts and
grants. That report is an integral part of an audit performed in accordance with Government
L Auditing Standards and should be read in conjunction with this report in considering the results of
our audit.
I
Our audit was conducted for the purpose of forming an opinion on the general purpose financial
statements of the City of Aventura, Florida taken as a whole. The combining, individual fund
financial statements and account group schedules listed in the table of contents are presented for
I
I1
City of Aventura, Florida
purposes of additional analysis and are not a required cart of the general purpose financial
statements. Such information has been subjected to the auditing procedures applied m the audit of
the general purpose financial statements and, in our opinion, is fairly presented in all material
respects in relation to the general purpose financial statements taken as a whole.
KEEFE, McCULLOUGH & CO., LLP
' Fort Lauderdale, Florida
January 31, 2002
1
L
I
1
1
1
1
1
t
1
2
GENERAL PURPOSE
FINANCIAL STATEMENTS
CITY OF AVENTURA, FLORIDA 3
COMBINED BALANCE SHEET - ALL FUND TYPES AND ACCOUNT GROUPS
September 30, 2001
Governmental Fund Types
Special
ASSETS AND OTHER DEBITS General Revenue
Assets:
Cash and cash equivalents $ 9,456,908 $ 2,239,733
Restricted cash -- --
Accounts
Accounts receivable 448,293 --
Due from other funds 433,430 --
Due from other governments 540,346 89,945
Prepaid expenditures 166,858 --
Property, plant and equipment (net) -- --
Other debits:
Amount available in debt service fund -- --
Amount to be provided for retirement
of general long-term debt -- --
Total assets and other debits $ 11.045,835 $ 2.329.678
LIABILITIES, EQUITY AND OTHER CREDITS
Liabilities:
Accounts payable $ 644,648 $ 106,303
Retainage payable 824,991 --
Accrued liabilities 226,867 --
Due to other funds --
Deferred revenue 368,177 --
Revenue bonds payable -- --
Total liabilities 2,064.683 106,303 3
Equity and other credits:
Investment in general fixed assets -- --
Retained earnings -- -_
Fund balance:
Reserved for:
Debt service -- --
Encumbrances 1,025,514 --
Prepaid expenditures 166,858 --
Unreserved:
Designated for subsequent years appropriations 7.788.780 2.223.375
Total equity and other credits 8,981,152 2,223.375 3
. Total liabilities, equity and other credits $ 11 045 835 $ 2.329.678
3
The accompanying notes to general purpose financial statements are an integral part of these statements.
1
3 J
L
LProprietary
Governmental Fund Types Fund Type Account Groups
L General General Totals
Debt Capital Fixed Long-Term (Memorandum
Service Projects Enterprise Assets Debt Only)
L $ 750,708 $ -- $ 618,370 $ -- $ -- $ 13,065,719
500,927 6,461,691 -- -- -- 6,962,618
L -- -- -- -- -- 448,293
433,430
- -- 80,579 -- -- 710,870
-
--
L __
__ _ -2,427,650 38,772,862 00,52
41,200,512
L -- -- -- -- 1,251,635 1,251,635
-- -- -- -- 25,729,875 25.729,875
L $ 1,251.635 $ 6 461,691 $ 3 126,599 $ 3 7� 72.862 $ 26,981,510 $ 89 969.810
C $ -- $ 586 $ 2,538 $ -- $ -- $ 754,075
-- -- 824,991
385,186 __ __ 371,510 983,563
433,430 433,430
-- -- -- -- -- 368,177
-- -- -- -- 26,610.000 26,610,000
L385.186 434.016 2,538 -- 26,981,510 29,974,236
L -- -- -- 38,772,862 -- 38,772,862
-- -- 3,124,061 -- -- 3,124,061
L866,449 -- -- -- -- 866,449
__ -- -- -- 1,025,514
L __ __ __ __ 166,858
__ 6,027.675 -- -- -- 16.039,830
L866,449 6.027,675 3,124,061 38,772.862 -- 59,995,574
$ 1,251 635 $ 6,461,691 $ 3.126.599 $ 38,772,862 $ 26 981,510 $ 89,969,810
L
I
t4
LCITY OF AVENTURA, FLORIDA
COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN
FUND BALANCES - ALL GOVERNMENTAL FUND TYPES
For the Year Ended September 30, 2001
Governmental Fund Types
L Totals
Special Debt Capital (Memorandum
General Revenue Service Projects Only)
Revenues:
Ad Valorem taxes $ 7,440,398 $ $ $ $ 7,440,398
Utility service taxes 4,413,388 -- -- -- 4,413,388
Franchise fees 2,317,645 -- -- -- 2,317,645
rIntergovernmental 2,114,834 573,271 ---- -- 2,688,105
Licenses and permits 2,624,4592,624,459
Charges for services 647,410 -- -- -- 647,410
Fines and forfeitures 184,543 307,145 -- -- 491,688
EImpact fees -- 799,766 -- -- 799,766
L Interest 525,168 81,450 29,371 479,661 1,115,650
Developer contributions 221,894 -- -- -- 221,894
EMiscellaneous 143,734 -- -- -- _ 143,734
i Total revenues 20,633,473 1,761,632 29,371 479,661 22,904,137
Expenditures:
LCurrent: -- -- -.
Er General government 1,831,0071,831,007
Public safety 8,582,633 25,150 -- -- 8,607,783
Community services 3,102,494 -- -- -- 3,102,494
LNon-departmental 725,434 -- __ -- 725,434
Capital outlay 6,836,274 661,737 4,154,830 11,652,841
Debt service:
Principal -- -- 590,000 -- 590,000
Interest -- 1,260,248 -- 1,260,248
-- --
Trustee fees 18,082 34,500 52,582
�^ Total expenditures 21,077,842 686,887 1,868,330 4,189,330 27.822,389
■ Excess (deficiency)
of revenues over
expenditures (444,369) 1,074.745 (1,838,959) (3,709,669) (4,918,252)
EOther financing sources (uses):
Operating transfers in 733,541 -- 1,849,595 -- 2,583,136
Operating transfers out (1,849,595) (553,000) -- -- (2,402,595)
LBond proceeds -- -- 500,000 6,055,000 6,555,000
Total other financing
sources (uses) (1,116,054) (553.000) 2,349,595 6,055,000 6,735,541
LExcess (deficiency) of
revenues and other
financing sources
L over expenditures
and other
financing uses (1,560,423) 521,745 510,636 2,345,331 1,817,289
LFund balances it beginning
of year 10,541,575 1,701,630 355,813 3,682,344 16,281,362
Fund balances at end
of year $ 8,981 152 $ 2 223 375 $ 866,449 $ 6,027,675 $ 188 098 651
C
The accompanying notes to general purpose financial statements are an integral part of these statements.
L5
CITY OF AVENTURA, FLORIDA 1
STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN
FUND BALANCE -BUDGET AND ACTUAL
ALL BUDGETED GOVERNMENTAL FUND TYPES '
For the Year Ended September 30, 2001
General Fund Special Revenue Funds
Variance - Variance-
Favorable Favorable
Budget Actual (Unfavorable) Budget Actual (Unfavorable)
Revenues:
Ad valorem taxes $ 7,434,000 $ 7,440,398 $ 6,398 $ -- $ -- $ --
Utility service taxes 4,214,000 4,413,388 199,388 -- -- --
Franchise fees 2,124,000 2,317,645 193,645 - -- --
Intergovernmental 1331,459 2,114,834 383,375 897,000 573,271 (323,729)
Licenses and permits 2,576,866 2,624,459 47,593 -- -- --
Charges for services 751,100 647,410 (103,690) -- -- --
Fines and forfeitures 186,475 184,543 (1,932) 5,000 4,805 (195)
,
Impact fees -- -- -- 90,000 799,766 709,766
Interest 300,000 525,168 225,168 6,150 54,199 48,049
Developer contributions -- 221,894 221,894 -- -- --
Miscellaneous 25.000 143,734 118.734 -- -- --
Total revenues 19.342.900 20.633.473 1 290 573 998.150 1.432.041 433.891
Expenditures: '
Current:
General government 1,888,949 1,831,007 57,942 -- -- --
Public safety 9,196,863 8,582,633 614,230 15,150 15,150 --
Community services 8,270,525 3,102,494 5,168,031 -- -- - '
Non-departmental 771,415 725,434 45,981
Capital outlay 7,902,482 6,836,274 1,066,208 1,451,099 361,344 1,089,755
Debt service:
Principal _- -- -- -- -- --
Interest -- -- -- -- -- __
Trustee fees -- -- --
Total expenditures 28.030.234 21.077.842 6 952 392 1.466.249 376 494 1.089,755
Excess (deficiency)
of revenues
over expenditures (8,687,334) (444.369) 8,242,965 (468,099) 1.055.547 1,523,646
Other financing sources (uses):
Operating transfers in 733,541 733,541 -- -- --
Operating transfers out (1,849,595) (1,849,595) -- (553,000) (553,000) --
Bond proceeds -- -- -- -- -- --
Appropriated fund balance 9,803,388 -- (9,803,388) 1,021,099 - (1,021,099)
Total other financing
sources (uses) 8,687,334 (1,116.054) (9,803,388) 468.099 (553,000) (1,021,099) I
Excess (deficiency)
of revenues and
other financing
sources over
expenditures and
other financing uses -- (1,560,423) (1,560,423) -- 502,547 502,547
Fund balance at beginning
I
of year -- 10.541.575 10.541.575 -- 1.022.524 1.022.524
Fund balance at end of year $ -- $ 8.981,152 $ 8.981152 $ - $ 1.525.071 $ 1.525.071 '
I
The accompanying notes to general purpose financial statements are an integral part of these statements.
6 1
C
L
L Debt Service Funds
Variance - Capital Projects Funds
Variance -
Favorable Favorable
Budget Actual (Unfavorable) Budget Actual (Unfavorable)
$ -- $ -- $ -- $ -- $ -- $ --
--
22,09429,371 7,277373,000479,661106,661
22,09429,371 7,277373,000479,661106.661
-- -- -- 11,059,9444,154,8306,905,114
590,000 590,000 --- --
- -_
1,260,249 1,260,248 1 --
21,440 18,082 3,358 34.500 (34,500)
1,871,689 1,868,330 3,359 11.059,944 4,189,330 6.870.614
(1,849.595) (1,838.959) 10,636 (10,686,944) (3,709,669) 6,977,275
1,849,595 1,849,595 -- -- -- ---
--
C - 500,000 500,000 6,505,000) 6,055,000 (500,000)�
-- 4,631,944 (4,631,944)
■ 1,849,595 2,349,595 500,000 10,686,944 6,055,000 (4,631,944)
L
-- 510,636 510,636 -- 2,345,331 2,345,331
L _ -- 355,813 355.813 -- 3,682.344 3,682,344
$ -- $ 866.449 $ 866.449 $ -- $ 6.027.675 $ 6,027,675
L
�
Y 7
CITY OF AVENTURA, FLORIDA '
ENTERPRISE FUND
STATEMENT OF REVENUES, EXPENSES AND CHANGES IN RETAINED EARNINGS
For the Year Ended September 30, 2001
1
Operating revenues:
Charges for services $ 833,700 I
Operating expenses:
Provision for depreciation 86.591
Operating income 747,109
Non-operating revenues:
Interest 16.586
Income before operating transfers 763,695
Transfers to General Fund 180,541
Net income 583,154 1
Retained earnings at beginning of year 2,540.907
Retained earnings at end of year $ 3,124 061 I
1
1
I
i
1
1
1
1
The accompanying notes to general purpose financial statements are an integral part of these statements.
8 1
r CITY OF AVENTURA, FLORIDA
ENTERPRISE FUND
WSTATEMENT OF CASH FLOWS
For the Year Ended September 30, 2001
Cash flows from operating activities:
Operating income $ 747,109
Adjustments to reconcile operating income to
net cash provided by operating activities:
Provision for depreciation 86,591
Changes in operating assets and liabilities:
Decrease in due from other governments 4,521
Decrease in accounts payable (51.189)
Net cash provided by operating activities 787,032
Cash flows from non-capital financing activities:
Transfers to General Fund (180,541)
` Cash flows from capital and related financing activities:
Purchase of property, plant and equipment (71,685)
Cash flows from investing activities:
Interest 16.586
Net increase in cash and cash equivalents 551,392
Cash and cash equivalents at beginning of year 66,978
Cash and cash equivalents at end of year $ 618 370
C
Y
C
1
C
The accompanying notes to general purpose financial statements are an integral part of these statements.
9
CITY OF AVENTURA, FLORIDA
NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS
September 30, 2001 i
NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
The City of Aventura, Florida (the City) was incorporated in November, 1995. The City 1
operates under a Commission-Manager form of government and provides the following services as ■
authorized by its charter: public safety, highways and streets, culture and recreation, public works
and stormwater management. The general purpose financial statements of the City have been
prepared in conformity with generally accepted accounting principles (GAAP) as applied to
governmental units. The Governmental Accounting Standards Board (GASB) is the accepted
standard-setting body for establishing governmental accounting and financial reporting principles.
The more significant of the City's accounting policies are described below:
Reporting Entity
The financial statements were prepared in accordance with Statement No. 14, The Financial
Reporting Entity, which establishes standards for defining and reporting on the financial reporting
entity. The definition of the financial reporting entity is based upon the concept that elected officials
are accountable to their constituents for their actions. One of the objectives of financial reporting
is to provide users of financial statements with a basis for assessing the accountability of elected
officials. The financial reporting entity consists of the City, organizations for which the City is
financially accountable, and other organizations for which the nature and significance of their
relationship with the City are such that exclusion would cause the reporting entity's financial
statements to be misleading or incomplete. The City is financially accountable for a component unit
if it appoints a voting majority of the organization's governing board and it is able to impose its will
on that organization or there is a potential for the organization to provide specific financial benefits
to, or impose specific financial burdens on the City. Based upon the application of these criteria,
there were no organizations that met the criteria described above.
Measurement Focus. Basis of Accounting and Basis of Presentation
The accounts of the City are organized and operated on the basis of funds and account
groups. A fund is an independent fiscal and accounting entity with a self-balancing set of accounts.
Fund accounting segregates funds according to their intended purpose and is used to aid management
in demonstrating compliance with finance-related legal and contractual provisions. The minimum
number of funds is maintained consistent with legal and managerial requirements. Account groups
are a reporting device to account for certain assets and liabilities of the governmental funds
directly in those funds. The accounting and financial reporting treatment applied to a fund
is determined by its measurement focus.
The City has the following fund types and account groups:
Governmental Fund Types 1
Governmental fund types are used to account for the City's general
government activities. Governmental fund types use the flow of current financial
resources measurement focus and the modified accrual basis of accounting. With this
measurement focus, only current assets and current liabilities generally are included
on the balance sheet. Operating statements of these funds present increases (i.e.,
revenues and other financial sources) and decreases (i.e., expenditures and other
financing uses) in net current assets. Under the modified accrual basis of accounting,
revenues are recognized when susceptible to accrual (i.e., when they are measurable
and available). Measurable means the amount of the transaction can be determined
and available means collectible within the current period or soon enough thereafter
to pay liabilities of the current period. The City considers revenues available if they
are collected within sixty days after year end. Expenditures are recorded when the
related fund liability is incurred.
10 1
CITY OF AVENTURA, FLORIDA
NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS
F September 30, 2001
NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued)
Taxes, intergovernmental revenues, and interest are susceptible to accrual.
Sales taxes collected and held by the State at fiscal year end on behalf of the City are
also recognized as revenue. Other receipts and fees become measurable and available
when cash is received by the City and are recognized as revenue at that time.
The following are the City's governmental fund types:
The General Fund is the City's primary operating fund. It accounts
for all or most of the City's general activities except those required to
be accounted for in another fund.
The Special Revenue Funds are used to account for revenues from
specific taxes or other revenue sources, which are designated to
finance particular functions or activities in accordance with
�y administrative requirements. The City maintains six Special Revenue
Funds; the Police Education Fund, Street Maintenance Fund, Police
tr Capital Outlay Impact Fee Fund, Park Development Fund, Federal
` Forfeiture Fund, and Law Enforcement Trust Fund.
The Debt Service Funds account for the servicing of general long-term
debt and other long-term obligations. The City maintains separate
Debt Service Funds for the Series 1999 Revenue Bonds and for the
Series 2000 Revenue Bonds.
The Capital Projects Funds account for the acquisition of fixed assets
or the construction of major capital projects. The City maintains
separate Capital Projects Funds to account for the proceeds and
expenditures from the Series 1999 Revenue Bonds and the Series 2000
Revenue Bonds.
Proprietary Fund Type
The proprietary fund type uses the accrual basis of accounting. Under this ---"
L method, revenues are recognized when they are earned, and expenses are recognized
in the period incurred.
The Enterprise Fund is used to account for operations that are financed and
operated in a manner similar to private business enterprises where the intent of the
governing body is for user charges to cover the costs of providing the service. The
City has one enterprise fund, the Stormwater Utility Fund.
Based on the accounting and reporting standards set forth in Government
Accounting Standards Board (GASB) Statement No. 20, Accounting and Financial
Reporting for Proprietary Funds and Other Governmental Entities that Use
Proprietary Fund Accounting, the City has elected to apply only the accounting and
reporting pronouncements used by the Financial Accounting Standards Board prior
to November 30, 1989.
Account Groups
The General Fixed Assets Account Group is used to account for fixed assets
of the general government.
11
CITY OF AVENTURA, FLORIDA
NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS
September 30, 2001
NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued)
The General Long-Term Debt Account Group is used to account for the j
principal amounts of all general long-term indebtedness of the City and the applicable
long-term portion of accumulated unpaid vacation and sick pay benefits (compensated
absences). I
General Fixed Assets
Fixed assets used in the governmental fund types are recorded as expenditures at the time J
of purchase. Such assets are capitalized at historical cost in the General Fixed Asset Account
Group. Donated fixed assets are recorded at their estimated fair value at the date of donation.
Public domain (infrastructure) general fixed assets consisting of streets, bridges, curbs and gutters,
sidewalks, drainage systems and lighting systems are not capitalized, as these assets are immovable
and of value only to the City. The costs of normal maintenance and repairs that do not add to the
value of the asset or materially extend asset lives are not capitalized.
Proprietary Fund Fixed Assets
Fixed assets in the Proprietary Fund are stated at cost. Expenses, which materially extend j
the useful lives of existing assets, are capitalized.
Depreciation has been provided over the estimated useful lives of the related assets using the
straight-line method. The estimated useful lives are as follows:
Capital improvements 30 years
Major outlays for capital assets and improvements are capitalized in proprietary funds as
projects are constructed. Interest incurred during the construction phase of proprietary fund
property, plant and equipment is reflected in the capitalized value of the asset constructed, net of
interest earned on the invested proceeds over the same period.
Compensated Absences
City employees are granted vacation and sick leave in varying amounts based on length-Of
service. Amounts not expected to be liquidated with expendable available financial resources are
reported in the General Long-Term Debt Account Group.
The City's sick leave policy is to permit employees to accumulate earned but unused sick pay
benefits. Upon termination, sick pay is paid out between 10-50% based on length of service.
The City's vacation policy is that earned vacation is cumulative although limited to certain
maximums based on length of service.
Deposits and Investments
The City maintains a pooled cash account for all funds. This enables the City to invest large
amounts of idle cash for short periods of time and to optimize earnings potential. Cash and cash
equivalents represents the amount owned by each fund of the City. Such amounts are reported
separately on the Combined Balance Sheet - All Fund Types and Account Groups.
Cash and cash equivalents, which consist of cash and short-term investments with original
maturities of three months or less when purchased, include cash on hand, demand deposits, and
investments with the State Board of Administration Investment Pool.
12 i
CITY OF AVENTURA, FLORIDA
NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS
September 30, 2001
NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued)
Deferred Revenue
Revenues collected in advance are deferred and recognized as income in the period earned.
Deferred revenue consists of prepaid occupational licenses.
Long-Term Obligations
The City reports long-term debt of governmental funds at face value in the General Long-
Term Debt Account Group. Certain other governmental fund obligations not expected to be
financed with current available financial resources are also reported in the General Long-Term Debt
Account Group.
Encumbrances
Encumbrance accounting, under which purchase orders, contracts and other commitments
for the expenditure of funds are recorded in order to reserve that portion of the applicable
appropriation, is employed in the governmental funds.
Encumbrances are recorded at the time a purchase order or other commitment is entered into.
Encumbrances outstanding at year end represent the estimated amount of expenditures which would
result if unperformed purchase orders and other commitments at year end are completed.
Appropriations lapse at year end; however, the City generally intends to honor purchase orders and
other commitments in process. As a result, encumbrances outstanding at year end are reported as
reservations of fund balance since they do not constitute expenditures or liabilities of the current
period.
Reserves and Designations
Reservations of fund balance/retained earnings represent amounts that are not available for
appropriation or are legally segregated for a specific future use. The description of each reserve
indicates the purpose for which each was intended.
Designations of fund balance indicate that a portion of fund equity has been segregated based
on tentative plans of the City. Such plans or intent are subject to change.
Unreserved undesignated fund balance is the portion of fund equity available for any lawful
` use or purpose.
[` Budgets and Budgetary Accounting
An annual appropriated budget is adopted for all governmental funds with the exception of
the Federal Forfeiture Fund and Law Enforcement Trust Fund (Special Revenue Funds). The
budget allocations among the various organizational units are included in the Combined Statement
of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual.
The City follows these procedures in establishing the budgetary data reflected in the general
purpose financial statements.
a. The City Manager submits to the Commission a proposed operating
and capital budget for the ensuing fiscal year. The budget includes
proposed expenditures and the means of financing them.
b. Public hearings are conducted to obtain taxpayer comments.
13
CITY OF AVENTURA, FLORIDA 1
NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS
September 30, 2001
NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued)
c. Prior to October 1, the budget is legally enacted through passage of an 3
ordinance.
d. Formal budgetary integration is employed as a management control
device during the year for the governmental funds described above.
e. The City Commission, by ordinance, may make supplemental
appropriations for the year up to the amount of revenues in excess of
those estimated. Budgeted amounts are as originally adopted or as
amended. The City Commission made several supplementary
budgetary appropriations throughout the year including approximately
$ 1.4 million in the General Fund, $ 83,000 in the Police Capital
Outlay Impact Fee Fund and $ 243,000 in the Series 1999 Capital
Construction Fund. The majority of the supplemental appropriations
were related to heavier than projected building permit activity and
were offset by additional revenues from building permit fees.
f. Budgets for the governmental funds are adopted on a basis consistent t
with generally accepted accounting principles (GAAP).
g. The City Manager is authorized to transfer part or all of an
unencumbered appropriation balance within departments within a fund;
however, any revisions that alter the total appropriations of any
department or fund must be approved by the City Commission. The
classification detail at which expenditures may not legally exceed
appropriations is at the department level.
h. Unencumbered appropriations lapse at fiscal year end. Unencumbered
amounts are reappropriated in the following year's budget for capital
accounts only.
i. Expenditures did not exceed appropriations in any of the governmental 3
funds.
Budget-GAAP Reconciliation 3
The following schedule reconciles the Special Revenue Funds fund balances in the Statement
of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual to the Special
Revenue Fund balance in the Combined Statement of Revenues, Expenditures and Changes in Fund
Balances:
Fund balance on page 6 J
(budgetary basis) $ 1,525,071
Non-budgeted Special Revenue Funds
(Federal Forfeiture Fund and Law
Enforcement Trust Fund) 698.304 s
Fund balance on page 5 (GAAP) $ 2.223 375 1
Interfund Receivables and Payables
Transactions between funds that are representative of lending/borrowing arrangements
outstanding at fiscal year end are reported as "Due from/to other funds."
14 1
CITY OF AVENTURA, FLORIDA
NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS
September 30, 2001
NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued)
Memorandum Only - Total Columns
Total columns on the general purpose financial statements are captioned as "memorandum
only" because they do not represent consolidated financial information and are presented only to
facilitate financial analysis. The columns do not present information that reflects financial position
or results of operations in accordance with generally accepted accounting principles. Interfund
eliminations have not been made in the aggregation of this data.
NOTE 2 - PROPERTY TAXES
Property taxes are assessed as of January 1 each year and are first billed (levied) and due
the following November 1.
Under Florida law, the assessment of all properties and the collection of all county,
municipal, school board and special district property taxes are consolidated in the Offices of the
County Property Appraiser and County Tax Collector. The laws for the State regulating tax
(p assessments are also designed to assure a consistent property valuation method statewide. State
` statues permit municipalities to levy property taxes at a rate of up to 10 mills ($ 10 per $ 1,000 of
assessed taxable valuation). The millage rate assessed by the City for the year ended September 30,
2001 was 2.2270 mills.
The tax levy of the City is established by the City Commission prior to October 1 of each
year, and the County Property Appraiser incorporates the millage into the total tax levy, which
includes Miami-Dade County, Miami-Dade County School Board and other special taxing districts.
All property is reassessed according to its fair market value as of January 1 each year. Each
assessment roll is submitted to the Executive Director of the State Department of Revenue for
review to determine if the rolls meet all of the appropriate requirements of State Statutes.
All real and tangible personal property taxes are due and payable on November 1 each year
or as soon as practicable thereafter as the assessment roll is certified by the County Property
Appraiser. Miami-Dade County mails each property owner on the assessment roll a notice of the
taxes due and Miami-Dade County also collects the taxes for the City. Taxes may be paid upon
receipt of such notice from Miami-Dade County, with discounts at the rate of four percent (4%) if
paid in the month of November, three percent (3%) if paid in the month of December, two percent
(2%) if paid in the month of January and one percent (1%) if paid in the month of February. Taxes
paid during the month of March are without discount, and all unpaid taxes on real and tangible
personal property become delinquent and liens are placed on April 1 of the year following the year
m which the taxes were assessed. Procedures for the collection of delinquent taxes by Miami-Dade
County are provided for in the laws of Florida. There were no material delinquent property taxes
at September 30, 2001.
NOTE 3 - DEPOSITS AND INVESTMENTS
In addition to insurance provided by the Federal Depository Insurance Corporation, all
deposits are held in banking institutions approved by the State Treasurer of the State of Florida to
hold public funds. Under Florida Statutes Chapter 280, Florida Security for Public Deposits Act,
the State Treasurer requires all Florida qualified public depositories to deposit with the Treasurer
or another banking institution eligible collateral. In the event of a failure of a qualified public
depository, the remaining public depositories would be responsible for covering any resulting losses.
Accordingly, all amounts reported as cash and cash equivalents are deemed as insured or
collateralized and are, therefore, not subject to classification by credit risk category under the
provisions of GASB Statement No. 3. Deposits at September 30, 2001 were $ 13,065,719.
15
CITY OF AVENTURA, FLORIDA 1
NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS
September 30, 2001 1
NOTE 3 - DEPOSITS AND INVESTMENTS (continued)
For GASB Statement No. 3 reporting, the City's investments are summarized as follows:
Carrying Fair
Amount Value 1
Investments not subject
to categorization:
State Board of Administration
Investment Pool $ 4.174.191 $ 4.174.191
All investments in the State Investment Pool (a 2a7-like pool) administered by the State 1
Board of Administration are stated at amortized cost which approximates fair value.
A reconciliation of cash and cash equivalents as shown on the combined balance sheet
follows:
State Board of Administration
Investment Pool $ 4,174,191
Restricted cash 6,962,618
Pooled cash 8,891.528
Total $ 20.028 337
Cash and cash equivalents $ 13,065,719
Restricted cash 6,962,618
$ 20.028337 1
NOTE 4 - INTERFUND BALANCES AND TRANSFERS 1
Interfund receivables and payables at September 30, 2001 were as follows:
Receivables Payables
General Fund $ 433,430 $ -- 1
Capital Projects Funds:
Series 1999 Capital
Construction Fund -- 203,400
Series 2000 Capital
Construction Fund -- 230.030
$ 433.430 $ 433.430
i
1
16 1
L CITY OF AVENTURA, FLORIDA
NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS
LSeptember 30, 2001
NOTE 4 - INTERFUND BALANCES AND TRANSFERS (continued)
LInterfund transfers during the year ended September 30, 2001 were as follows:
Operating Operating
Transfers Transfers
In Out
LGeneral Fund $ 733,541 $ 1,849,595
Special Revenue Fund:
Street Maintenance Fund -- 553,000
Debt Service Funds:
Series 1999 Bond Debt
LService Fund 1,361,695 --
Series 2000 Bond Debt
Service Fund 487,900 --
CEnterprise Fund:
Stormwater Utility Fund -- 180.541
L $ 2 583 136 $ 2.583.136
fir° NOTE 5 - FIXED ASSETS
` Changes in general fixed assets during the year were as follows:
LBalance Balance
October 1, September 30,
2000 Additions Deletions 2001
LLand $ 9,439,631 $ 633,141 $ -- $ 10,072,772
Buildings -- 17,815,771 -- 17,815,771
Equipment 3,870,224 1,014,200 __ 4,884,424
Improvements 5,430,295 569,600 5,999,895
Construction in
progress 10.861,193 -- (10,861.193) --
LTotal $29.601.343 $20,032,712 $ 110 861 193) $ 38,772,862
LDepreciation is not required and has not been provided for on general fixed assets.
The following is a summary of proprietary fund type fixed assets at September 30, 2001:
LCapital improvements $ 2,645,504
Less accumulated depreciation 217,854
L $ 2.427.650
The provision for depreciation amounted to$ 86,591 for the year ended September 30, 2001.
L
L17
CITY OF AVENTURA, FLORIDA I
NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS
September 30, 2001
NOTE 6 - GENERAL LONG-TERM DEBT
In November, 2000, the City issued $ 6,555,000 in Series 2000 revenue bonds to Finance i
the acquisition of land for parks and recreational purposes and for the construction of a community
recreation center. The bond indenture relating to this issue requires that a reserve fund of$ 500,000
be established, the balance of which at September 30, 2001 was sufficient to meet this requirement.
The indenture also requires the maintenance of a minimum debt service coverage ratio of 2.50:1.00.
At September 30, 2001, the City was in compliance with this requirement.
Summary of General Long-Term Debt
I
Long-term debt at September 30, 2001 was comprised of the following:
1999 Revenue bonds issued from the Florida Municipal
Loan Council, Inc. Principal is due annually over thirty
years in various amounts through April 1, 2029. The
Bonds bear interest at various rates (3.50% - 5.125%)and
are payable semi-annually on October 1 and April 1 of
each year. $ 20,275,000
2000 Revenue bonds, principal due annually over twenty
years in various amounts, commencing on October 1, 2001
through October 1, 2020. The bonds bear interest at
5.04% which is payable semi-annually on October 1 and
April 1 of each year. 6,335,000
Accrued vacation and sick leave (compensated absences) 371.510 I
$ 26.981.510
Changes in general long-term debt during the year are as follows:
Balance Balance
October 1, September 30,
2000 Additions Reductions 2001 '-"
Series 1999 Revenue i
bonds payable $20,645,000 $ -- $ 370,000 $ 20,275,000
Series 2000 Revenue
bonds payable -- 6,555,000 220,000 6,335,000
Accrued vacation and
sick leave 282.505 130.284 41.279 371.510
Total $20.927.505 $ 6.685.284 $ 631.279 $ 26 981.510
I
I
I
18 1
C CITY OF AVENTURA, FLORIDA
NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS
CSeptember 30, 2001
NOTE 6 - GENERAL LONG-TERM DEBT (continued)
CSummary of Future Debt Service Requirements
C. The annual debt service requirements to maturity for all long-term debt are as follows:
Y Fiscal Year
Ending
LSeptember 30 Principal Interest Total
2002 $ 570,000 $ 1,283,064 $ 1,853,064
2003 595,000 1,259,808 1,854,808
2004 620,000 1 235,310 1 855,310
2005 645,000 1,209,556 1,854,556
2006 675,000 1,182,106 1,857,106
Thereafter 23.505,000 16.027.817 39,532.817
L $ 26.610.000 $ 22 197,661 $ 48 807 661
CThe revenue bonds above are secured by a pledge of all non-ad valorem tax revenues in the
governmental funds.
CNOTE 7 - COMMITMENTS AND CONTINGENCIES
Litigation
CVarious claims and lawsuits, which arose in the normal course of operations, are pending
against the City. It is management's opinion, based on the advice of the City Attorney, that the
L outcome of these actions will not have a material adverse effect on the fmancial statements of the
City. Management also believes that the litigation against the City will be covered by insurance.
Franchise Fees
CThe City previously entered into an interlocal agreement with Miami-Dade County (the
County) which provided for the Florida Power & Light Co. franchise fees collected by the Counfy-
C within the City's boundaries, to be remitted to the City. This agreement will be in effect as long
as the Ordinance establishing the collection of these fees is in place. In accordance with the
agreement, the County remitted approximately$ 1,818,000 to the City for the year ended September
30, 2001.
Stormwater Fees
CThe City previously entered into another interlocal agreement with the County to administer,
bill and collect stormwater utility charges from residents within the City's boundaries. The County
remits all fees collected, less the County's compensation for the billing and collection of these
charges. The agreement remains in effect until October, 2002 at which time it can be extended by
mutual consent of the County and the City. In accordance with this agreement, the County remitted
approximately $ 833,700 to the City during the year ended September 30, 2001.
C
C
19
CITY OF AVENTURA, FLORIDA
NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS
September 30, 2001 1
NOTE 7 - COMMITMENTS AND CONTINGENCIES (continued)
Contingent Liabilities i
Amounts received or receivable from grantor agencies are subject to audit and adjustment.
While no matters of non-compliance were disclosed by the audit, grantor agencies may subject grant
programs to additional compliance tests, which may result in disallowed costs. In the opinion of
City management, future disallowances of current grant expenditures, if any, would not have a
material adverse effect on the City's financial condition.
Employment Agreement
The City has an employment contract with its City Manager that provides for an annual ,
salary, adjusted for cost-of-living increases and certain benefits. This agreement is effective for an
indefinite term subject to termination of the City Manager by the City Commission in accordance
with Article III, Section 3.08 of the City Charter. The City Manager must provide two months
advance written notice to resign voluntarily.
Other Agreements
The City has entered into non-exclusive agreements with several engineering consulting funs
(Consultants) to provide building inspections and plan review services until September, 2004.
Pursuant to the agreements, the Consultants receive 70% of the gross building permit fee revenues
for the first $ 100,000 in fees in a month and 65% of the amount in excess of$ 100,000 a month.
The City is a party to several construction contracts for its government center and various
other City infrastructure improvements. The amount remaining on these uncompleted contracts at
September 30, 2001 was approximately $ 1,950,000.
Lease Commitments i
The City is lessee on several leases including those for office equipment, police cars, and
public safety equipment. These leases have various terms with expiration dates through fiscal year
2006.
Future minimum lease payments under the City's various lease agreements are as follows:
Fiscal Year
Ending
September 30
2002 $ 52,700
2003 20,200
2004 12,400
2005 10,900
2006 6.400
$ 102.600
Lease expense for the year ended September 30, 2001 was approximately $ 302,000. 1
I
20
CITY OF AVENTURA, FLORIDA
NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS
September 30, 2001
NOTE 8 - RISK MANAGEMENT
The City is exposed to various risks of loss related to torts, thefts of, damage to and
destruction of assets, errors and omissions and natural disasters for which the City carries
commercial insurance. Settlement amounts have not exceeded insurance coverage for each of past
six years. In addition, there were no reductions in insurance coverage from those in the prior year.
NOTE 9 - DEFINED CONTRIBUTION PENSION PLANS
Plan Description
The City of Aventura is a single employer that contributes to three defined contribution
pension plans based on employee classification created in accordance with Internal Revenue Code
Section 401(a). The plans currently cover all full-time employees of the City. Under these plans,
4� the City contributes between 12-18% depending on employee classification. City contributions for
�y the City Manager, Department Directors and Assistant Department Directors vest in the year they
are contributed. City contributions to general employees vest beginning after one year of service
through year five in 20% increments. Participants are not permitted to make contributions during
the year. The City made plan contributions of approximately $ 590,000 during the fiscal year. Plan
provisions and contribution requirements may be amended by the City Commission.
The Plan's assets are administered by ICMA Retirement Corp. The City does not exercise
any control or fiduciary responsibility over the Plan's assets.
The City provides no post-retirement benefits to employees.
NOTE 10 - SUBSEQUENT EVENTS
In March, 2002, the City Commission approved a resolution authorizing the City to
reimburse certain expenditures relating to projects to be funded from a financing program planned
for later in the 2001-2002 fiscal year. It is anticipated that the City will borrow approximately $ 14
million to finance land acquisition and construction costs for a charter school (approximately $ 11
million) and various other improvements totaling approximately $ 3 million. The City anticipates
securing this debt with a pledge of available and unpledged non-ad valorem tax revenues of the City.
In March, 2002, the City paid approximately $ 4.5 million to purchase the land for the
charter school and contracts have been authorized for architectural design and a construction
manager to supervise the construction of the school.
Y
L
21
COMBINING & INDIVIDUAL
FUND STATEMENTS
C
C
L
C
C
■ GENERAL FUND
it THE GENERAL FUND IS THE CITY'S PRIMARY
!" OPERATING FUND. IT ACCOUNTS FOR ALL
FINANCIAL RESOURCES EXCEPT THOSE
Fr REQUIRED TO BE ACCOUNTED FOR
IN ANOTHER FUND.
■
a
r
r
r
a
r
L CITY OF AVENTURA, FLORIDA
GENERAL FUND
L` STATEMENT OF REVENUES AND EXPENDITURES - BUDGET AND ACTUAL
` For the Year Ended September 30, 2001
L Variance
Favorable
Budget Actual (Unfavorable)
L Revenues:
Taxes:
Ad valorem taxes
r Current $ 7,427,000 $ 7,397,312 $ (29,688)
Delinquent 7,000 43,086 36,086
Utility service taxes:
Electric 2,780,000 2,695,595 (84,405)
Telecommunication 938,000 1,241,732 303,732
Water 424,000 440,622 16,622
Gas 72,000 35,439 (36,561)
L Franchise fees:
Electric 1,712,000 1,818,567 106,567
Telecommunication 96,000 119,486 23,486
Gas 39,000 48,216 9,216
Sanitation 190,000 233,894 43,894
Cable television 75,000 97,482 22,482
Towing 12,000 -- (12.000)
L
Total taxes 13.772,000 14,171.431 399.431
L Intergovernmental:
Federal grants 259,551 212,877 (46,674)
State grants 143,908 280,039 136,131
rCigarette tax 21,000 -- (21,000
is Alcoholic beverage licenses 6,000 9,219 3,219)
State revenue sharing 181,000 204,998 23,998
Half cent sales tax 1,100,000 1,380,755 280,755
LCounty occupational licenses 20.000 26.946 6,946
Total intergovernmental 1,731,459 2.114,834 3831:375
r
is Licenses and permits:
City occupational licenses 590,000 652,688 62,688
Building permits 1,971,866 1,962,921 (8,945)
Engineering 15.000 8.850 (6,150)
V
Total licenses and permits 2,576,866 2,624.459 47.593
LCharges for services:
Development review fees 65,100 65,100 --
€,. Recreation/cultural events 54,000 49,868 (4,132)
it Police services 625,000 527,897 (97,103)
Other 7,000 4,545 (2,455)
!" Total charges for services 751.100 647.410 (103.690)
1.
n
iti
(continued)
is 22
CITY OF AVENTURA, FLORIDA I
GENERAL FUND
STATEMENT OF REVENUES AND EXPENDITURES - BUDGET AND ACTUAL
(continued)
For the Year Ended September 30, 2001
Variance
Favorable
Budget Actual (Unfavorable)
Fines and forfeitures: I
County court fees 135,000 133,067 (1,933)
Code violation fines 51.475 51.476 1
Total fines and forfeitures 186.475 184.543 (1.932)
Other: I
Interest 300,000 525,168 225,168
Developer contributions -- 221,894 221,894
Miscellaneous 25.000 143.734 118.734 1
Total other 325.000 890.796 565,796
Total revenues 19,342.900 20.633.473 1.290,573 1
Expenditures:
Current: !
General government: f
City Commission:
Personnel services 38,720 38,505 215 1
Operating 47,350 47,363 (13)
City Manager:
Personnel services 405,386 405,364 22
Operating 124,760 124,510 250
Finance support services:
Personnel services 578,050 576,441 1,609
Operating 195,100 183,196 -1+,904
Capital outlay 43,818 25,414 18,404
Legal:
Operating 237,400 237,330 70
City Clerk: 1
Personnel services 122,165 122,147 18
Operating 96.200 96.151 49 1
Total general government 1.888.949 1.856,421 32.528
Public safety:
Police:
Personnel services 5,572,617 5,487,638 84,979
Operating 891,290 890,088 1,202 1
Capital outlay 481,916 402,544 79,372
(continued)
23 1
E CITY OF AVENTURA, FLORIDA
GENERAL FUND
L STATEMENT OF REVENUES AND EXPENDITURES - BUDGET AND ACTUAL
(continued)
For the Year Ended September 30, 2001
LVariance
Favorable
Budget Actual [Unfavorable)
Community development:
Personnel services 539,020 537,522 1,498
r Operating 1,677,420 1,667,385 10,035
Capital outlay 34.600 28.732 5.868
Total public safety 9,196.863 9.013,909 182,954
Community services:
Personnel services 505,451 505,421 30
r Operating 2,597,920 2,597,073 847
Capital outlay
5.167.154 825,670
2.341,484
CTotal community services 8.270.525 5.928,164 2342361
Non-departmental:
Operating 771,415 725,434 45,981
CCapital outlay 7.902.482 3.553,914 4.348.568
Total non-departmental 8.673.897 4,279,348 4,394.549
CTotal expenditures 28.030.234 21.077.842 6,952.392
Excess (deficiency) of revenues
Lover expenditures (8.687.334) (444,369) 8.242,965
Other financing sources (uses):
Y Operating transfers in 733,541 733,541 __
Operating transfers out (1,849,595) (1,849,595)
Appropriated fund balance 9,803.388 -- (9.803;388)
LTotal other financing sources (uses) 8,687,334 (1,116,054) (9.803,388)
Deficiency of revenues and other
L fmancing sources over
expenditures and other
fmancing uses $ -- $ 1 5( 60.423) $ 51,5603423)
C
L
C
[
L
t24
C
SPECIAL REVENUE FUNDS
Special revenue funds are used to account for revenues derived from specific sources
that are legally restricted to expenditures for particular purposes.
Police Education Fund - This fund is used to account for revenues and expenditures
associated with the two dollars ($ 2) the City receives from each paid traffic citation,
which, by State Statute, must be used to further the education of the City's police
officers.
Street Maintenance Fund - This fund is used for revenues and expenditures, which
Cby State Statute are designated for street maintenance and construction costs. All
€■ expenditures are accounted for in the General Fund by designating specific
expenditure accounts in the Community Services Department and the Capital
Improvements Program. An operating transfer is made to the General Fund to cover
Csuch expenditures.
tr Police Capital Outlay Impact Fee Fund- This fund is used to account for impact fees
` derived from new developments and restricted by Ordinance for police capital
improvements. This fund provides a funding source to assist the City in providing
police services required by the growth in the City.
Park Development Fund-This fund is used to account for revenues and expenditures
specifically earmarked for capital improvements to the City's park system. This
fund accounts for impact fees derived from new developments and restricted by
Ordinance for park capital improvement projects. ---
Federal Forfeiture Fund - This fund is used to account for proceeds obtained from
the sale of confiscated and unclaimed property turned over to the City through court
I" judgments. Proceeds are to be used solely for crime fighting purposes.
` Law Enforcement Trust Fund - This fund is used to account for resources resulting
from police department confiscations and their expenditure for law enforcement
purposes.
C
L
C
CITY OF AVENTURA, FLORIDA 3
SPECIAL REVENUE FUNDS
COMBINING BALANCE SHEET
September 30, 2001
ASSETS 3
Police Street ]
Education Maintenance
Fund Fund
Cash and cash equivalents $ 4,989 $ 131,035
Due from other governments 756 89,189 3
Total assets $ 5,745 $ 220.224
LIABILITIES AND EQUITY I
Liabilities:
Accounts payable $ -- $ --
Total liabilities -- --
Fund balances:
Unreserved:
Designated for subsequent years appropriations 5.745 220.224 j
Total fund balances 5,745 220.224
Total liabilities and fund equity $ 5.745 $ 220.224 3
I
3
3
3
3
25 1
Police
Capital Law
Outlay Park Federal Enforcement
Impact Fee Development Forfeiture Trust
Fund Fund Fund Fund Total
$ 66,999 $ 1,314,481 $ 277,332 $ 444,897 $ 2,239,733
-- -- _89 945
FL $ 66.999 $ 1.314.481 $ 277,332 $ 444.897 $ 2 329,678
Ly $ 4,285 $ 78,093 $ -- $ 23,925 $ 106,303
4.285 78.093 -- 23.925 106,303
62.714 1.236.388 277.332 420.972 2,223,375
62.714 1,236,388 277.332 420.972 2.223375
$ 66399 $ 1.314,481 $ 277.332 $ 444.897 $ 2.329.678
26
CITY OF AVENTURA, FLORIDA
SPECIAL REVENUE FUNDS
COMBINING STATEMENT OF REVENUES, EXPENDITURES
AND CHANGES IN FUND BALANCES
For the Year Ended September 30, 2001
1
1
Police Street
Education Maintenance
Fund Fund
Revenues:
Intergovernmental $ -- $ 517,654
Fines and forfeitures 4,805 --
Impact fees -- --
Interest 592 15,689
Total revenues 5,397 533.343
Expenditures:
Operating 15,150 --
Capital outlay -- -- '
Total expenditures 15.150 --
Excess (deficiency) of revenues over expenditures (9,753) 533,343 i
Other financing sources (uses):
Operating transfers out -- (553.000)
Excess (deficiency) of revenues over
expenditures and other
financing uses (9,753) (19;657)
Funds balances at beginning of year 15,498 239.881
Funds balances at end of year $ 5.745 $ 220.224 f
1
1
1
27 '
L
I
L
Y Police
Capital Law
Outlay Park Federal Enforcement
Impact Fee Development Forfeiture Trust
Fund Fund Fund Fund Total
L $ -- $ 55,617 $ _--
_ $ -- $ 573,271
302,340 307,145
166,217 633,549 -- -- 799,766
C3.331 34,587 10,511 16.740 81,450
169.548 723.753 10.511 319,080 1.761.632
I
10,000 25,150
L238,555 122,789 -- 300.393 661.737
238,555 122,789 -- 310.393 686.887
(69,007) 600,964 10,511 8,687 1,074,745
L -- -- -- -- (553,000)
(69,007) 600,964 10,511 8,687 521,745 t_.-
L131.721 635.424 266.821 412.285 1,701.630
L $ 62,714 $ 1.236,388 $ 277.332 $ 420.972 $ 2 223.375
I
I
I
L. 28
CITY OF AVENTURA, FLORIDA I
SPECIAL REVENUE FUNDS
STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN '
FUND BALANCES - BUDGET AND ACTUAL
For the Year Ended September 30, 2001
I
Police Education Fund
Variance
Favorable
Budget Actual (Unfavorable) •
Revenues:
Intergovernmental $ -- $ -- $ --
Fines and forfeitures 5,000 4,805 (195)
Impact fees -- -- --
Interest 150 592 442 I
Total revenues 5.150 5.397 247
Expenditures:
I
Operating 15,150 15,150 --
Capital outlay -- -- --
Total expenditures 15.150 15.150 -- I
Excess (deficiency) of 1
revenues over
expenditures (10.000) (9.753) 247
Other financing sources (uses):
Operating transfers out -- -- --
Appropriated fund balance 10.000 -- 10.000
Total other financing sources (uses) 10.000 -- 10,000 f
Excess of revenues and other
financing sources over
I
expenditures and other
financing uses -- (9,753) (9,753)
Fund balance at beginning
of year -- 15,498 15,498
Fund balance at end of year $ -- $ 5,745 $ 5 745 1
I
I
I
29 I
L
L
L
L Street Maintenance Fund
Variance Police Capital Outlay Impact Fee Fund
Variance
Favorable Favorable
Budget Actual (Unfavorable) Budget Actual (Unfavorable).
L $ 397,000 $ 517,654 $ 120,654 $ $ $
65,000 166,217 101,217
L6.000 15,689 9,689 -- 3.331 3.331
403,000 533,343 130.343 65,000 169,548 104.548
-- -- -- 242.099 238.555 3.544
L -- -- -- 242.099 238.555 3,544
L403,000 533,343 130.343 (177.099) (69,007) 108.092
L 553,000 (553,000) -- -- --
150,000 -- (150,000) 177,099 -- (177,099)
L403.000 (553.000) (150.000) 177.099 -- (177.099)
L
-- (19,657) (19,657) -- (69,007) (69,007)
-- 239.881 239 881 -- 131,721 131,721
L $ -- $ 220.224 $ 220.224 $ -- $ 62.714 $ 62.714
L
L
L
L30
CITY OF AVENTURA, FLORIDA II
SPECIAL REVENUE FUNDS
STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN
FUND BALANCES - BUDGET AND ACTUAL
(continued)
For the Year Ended September 30, 2001
I
Park Development Fund
Variance
Favorable
Budget Actual (Unfavorable) •
Revenues:
Intergovernmental $ 500,000 $ 55,617 $ (444,383) !
Fines and forfeitures -- --
Impact fees 25,000 633,549 608,549
Interest -- 34.587 34.587 1
Total revenues 525.000 723,753 198,753
Expenditures:
Operating -- — --
Capital outlay 1,209,000 122.789 1,086,211
Total expenditures 1.209,000 122.789 1,086,211
Excess (deficiency) of
revenues over
expenditures (684,000) 600,964 1.284.964
Other financing sources (uses):
Operating transfers out -- --
Appropriated fund balance 684.000 -- (684.000)
Total other financing sources (uses) 684.000 -- (684.000) 1
Excess of revenues and other
financing sources over
expenditures and other
financing uses -- 600,964 600,964
Fund balance at beginning
I
of year -- 635,424 635.424
Fund balance at end of year $ -- $ 1,236,388 $ 1,236.388 !
• I
I
I
-
31 i
L
C
F Total
4 Variance
Favorable
CBud eg t Actual (Unfavorable)
F' $ 897,000 $ 573,271 $ (323,729)
Y 5,000 4,805 (195)
90,000 799,766 709,766
6.150 _54 199 48,049
998,150 1,432,041 433.891
15,150 15,150 --
1,451.099 361.344 1,089,755
1,466.249 376,494 1.089.755
(468.099) 1.055.547 1.523,646
(553,000) (553,000) --
1.021,099 -- (1.021,099)
468,099 (553.000) (1.021,099)
C
-- 502,547 502,547
-- 1,022.524 1,022,524
$ -- $ 1.525.071 $ 1 525,071
C
32
L
C
DEBT SERVICE FUNDS
Debt Service Funds are used to account for the accumulation of resources for, and
the payment of, general long-term debt principal and interest.
Series 1999 Bond Debt Service Fund - This fund is used to accumulate monies for
the payment of the 1999 Revenue Bonds. Non-ad valorem tax revenues in the
governmental funds are pledged for the payment of principal and interest.
Series 2000 Bond Debt Service Fund - This fund is used to accumulate monies for
the payment of the 2000 Revenue Bonds. Non-ad valorem tax revenues in the
governmental funds are pledged for the payment of principal and interest.
C
L
C
C
I
C
C
CITY OF AVENTURA, FLORIDA
DEBT SERVICE FUNDS
COMBINING BALANCE SHEET
September 30, 2001
ASSETS
Series 1999 Series 2000
Bond Debt Bond Debt
Service Service
Fund Fund Total
tCash and cash equivalents $ 366,615 $ 384,093 $ 750,708
Restricted cash _500.927 500,927
Total assets $ 366.615 $ 885.020 $ 1,251 635
LIABILITIES AND EQUITY
Liabilities:
Accrued liabilities $ -- $ 385.186 $ 385.186
Total liabilities -- 385.186 385.186
Fund balances:
Reserved for debt service 366,615 499.834 866.449
Yr Total fund balances 366.615 499,834 866.449
Total liabilities and fund equity $ 366.615 $ 885,020 $ 1251,635
L
I
C
P
33
CITY OF AVENTURA, FLORIDA I
DEBT SERVICE FUNDS
COMBINING STATEMENT OF REVENUES, EXPENDITURES '
AND CHANGES IN FUND BALANCES
For the Year Ended September 30, 2001
Series 1999 Series 2000 1
Bond Debt Bond Debt
Service Service '
Fund Fund Total
Revenues:
Interest $ 7.444 $ 21.927 $ 29,371
Total revenues 7.444 21.927 29.371
I
Expenditures:
Debt service:
Principal 370,000 220,000 590,000
Interest 970,255 289,993 1,260,248
Trustee fees 18,082 -- 18.082
Total expenditures 1.358.337 509.993 1,868.330 I
Excess (deficiency) of revenues '
over expenditures (1,350,893) (488.066) (1.838,959)
Other financing sources:
Operating transfers in 1,361,695 487,900 1,849,595 I
Bond proceeds -- 500.000 500.000
Total other financing sources 1,361.695 987.9002.349.595 I
Excess of revenues and other
financing sources over
expenditures 10,802 499,834 510,636
Fund balances at beginning of year 355.811 -- 355.813 1
Fund balances at end of year $ 366.615 $ 499,834 $ 866,449 1
I
1
I
I
34 i
CITY OF AVENTURA, FLORIDA 3
DEBT SERVICE FUNDS
STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN
FUND BALANCES - BUDGET AND ACTUAL
(continued)
For the Year Ended September 30, 2001
Series 1999 Bond Debt Service Fund
Variance
Favorable
Budget Actual (Unfavorable)
ma
Revenues:
Interest $ -- $ 7.444 $ 7.444
Total revenues -- 7.444 7.444
Expenditures:
Debt service
Principal 370,000 370,000 --
Interest 970,255 970,255 --
Trustee fees 21.440 18.082 3.358
Total expenditures 1.361.695 1.358.337 3.358 3
Excess (deficiency) of
revenues over
expenditures (1 361.695) (1,350,893) 10.802
Other fmancing sources:
Operating transfers in 1,361,695 1,361,695 --
Bond proceeds -- -- --
Total other fmancing sources 1.361,695 1.361.695 --
Excess of revenues and other --
fmancing sources over
expenditures -- 10,802 10,802 I
Fund balance at beginning
of year -- 355,813 355.813 3
Fund balance at end of year $ -- $ 366.615 $ 366.615 1
• 3
3
3
35 J
L
C
C
L Series 2000 Bond Debt Service Fund Total
Variance Variance
Favorable Favorable
LBudget Actual (Unfavorable) Budget Actual (Unfavorable)
L $ 22,094 $ 21,927 $ (167) $ 22.094 $ 29,371 $ 7,277
22,094 21,927 (167) 22,094 29.371 7 277
L
220,000 220,000 -- 590,000 590,000 --
L289,994 289,9931 1,260,249 1,260,248 1
-- -- -- 21,440 18.082 3.358
L509.994 509.993 1 1.871.689 1,868.330 3.359
L (487.900) (488,066) (166) (1,849.595) (1.838,959) 10,636
F 487,900 487,900 1,849,595 1,849,595
L 500.000 500.000 500.000 500.000
L487,900 987,900 500.000 1,849.595 2,349,595 500.000
L -- 499,834 499,834 -- 510,636 510,636
L -- -- -- -- 355.813 355.813
� $ -- $ 4_29 $ 499.834 $ -- $ 866.449 $ 866,449
Y
C
I
1 36
C
C
1`C
■ CAPITAL PROJECTS FUNDS
Capital Projects Funds are used to account for resources to be used for acquisition
or construction of major capital projects.
Series 1999 Capital Constmction Fund - This fund is used to account for the
acquisition and renovations of capital facilities, as well as to account for financial
resources to be used for the purchase of equipment.
Series 2000 Capital Construction Fund - This fund is used to fund capital
improvements from the proceeds of the Series 2000 Revenue Bonds.
C
C
L
C
C
C
C
rC
`r
L
` CITY OF AVENTURA, FLORIDA
CAPITAL PROJECTS FUNDS
r COMBINING BALANCE SHEET
September 30, 2001
L
ASSETS
Series 1999 Series 2000
CCapital Capital
Construction Construction
Fund Fund Total
LRestricted cash $ 203.986 $ 6.257,705 $ 6.461.691
Total assets $ 203,986 $ 6.257.705 $ 6.461.691
L
rLIABILITIES AND EQUITY
Liabilities:
Accounts payable $ 586 $ -- $ 586
Due to other funds 203.400 230.030 433.430
Total liabilities 203.986 230,030 434.016
Y Fund balances:
Unreserved:
Designated for subsequent year appropriations -- 6.027.675 6.027,675
L
Total fund balances -- 6,027.675 6.027.675
LTotal liabilities and fund equity $ 203,986 $ 6 257 705 $ 6.461.691
L
L
L
L
E
L
[
` 37
CITY OF AVENTURA, FLORIDA 1
CAPITAL PROJECTS FUNDS
COMBINING STATEMENT OF REVENUES, EXPENDITURES
AND CHANGES IN FUND BALANCES
For the Year Ended September 30, 2001
1
Series 1999 Series 2000
Capital Capital
Construction Construction
Fund Fund Total
Revenues:
Interest $ 242.456 $ 237,205 $ 479.661
Total revenues 242,456 237.205 479.661 1
Expenditures: 1
Capital outlay 3,924,800 230,030 4,154,830
Trustee fees -- 34.500 34.500 1
Total expenditures 3.924.800 264.530 4.189.330
Excess (deficiency) of revenues 1
over expenditures (3,682,344) (27,325) (3,709,669)
Other financing sources: I
Bond proceeds -- 6.055.000 6.055.000
Excess (deficiency) of revenues and
other financing sources over ,
expenditures (3,682,344) 6,027,675 2,345,331
Fund balances at beginning of year 3,682.344 -- 3.682,344 I
Fund balances at end of year $ -- $ 6 027.675 $ 6.027,675 I
1
i
1
1
38 1
CITY OF AVENTURA, FLORIDA
CAPITAL PROJECTS FUNDS
STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN
FUND BALANCES - BUDGET AND ACTUAL
(continued)
For the Year Ended September 30, 2001
Series 1999 Capital Construction Fund
Variance
Favorable
Budeet Actual (Unfavorable) 1
Revenues:
Interest $ 273,000 $ 242,456 $ (30.544) 3
Total revenues 273.000 242.456 (30.544)
Expenditures: 3
Capital outlay 4,904,944 3,924,800 980,144
Trustee fees -- -- --
Total expenditures 4.904.944 3.924.800 980.144 3
Excess (deficiency) of
revenues over
expenditures (4,631.944) (1682,344) 949.600
Other financing sources (uses):
Operating transfers out -- -- --
Bond proceeds -- -- --
Appropriated fund balance 4.631.944 -- (4.631.944) ]
Total other financing sources (uses) 4.631,944 -- (4.631.944)
Excess (deficiency) of revenues 3
and other financing sources over --
expenditures and other
financing uses -- (3,682,344) (3,682,344) 3
Fund balance at beginning
of year -- 3.682.344 3.682.344 3
Fund balance at end of year $ -- $ -- $ --
•
I
3
39 J
L
L
L
L Series 2000 Capital Construction Fund Total
Variance Variance
Favorable Favorable
Budget Actual (Unfavorable) Budget Actual (Unfavorable)
L $ _100,000 $ 237,205 $ 137.205 $ 373,000 $ 479.661 $ 106.661
100.000 237.205 137.205 373.000 479.661 106.661
6,155,000 230,030 5,924,970 11,059,944 4,154,830 6,905,114
-- 34,500 (34.500) -- 34.500 (34.500)
L6,155,000 264.530 5,890.470 11.059.944 4,189,330 6.870.614
(6,055,000) (27.325) 6.027.675 (10.686,944) (3,709.669) 6.977.275
Y (500,000) -- 500,000 (500,000) -- 500,000
6,555,000 6,055,000 (500,000) 6,555,000 6,055,000 (500,000)
-- -- -- 4,631.944 -- (4,631,944)
` 6.055.000 6,055,000 -- 10,686.944 6.055.000 (4,631.944)
C
L -- 6,027,675 6,027,675 -- 2,345,331 2,345,331
C - -- -- -- 3,682,344 3,682.344
$ -- $ 6.027.675 $ 6.027.675 $ 500.000 $ 6,027,675 $ 6 027,675
C
C
C
I40
r
S
L
GENERAL FIXED ASSETS
ACCOUNT GROUP
To account for fixed assets of the general government.
L
L
L
L
P
L
CITY OF AVENTI RA, FLORIDA
SCHEDULE OF GENERAL FIXED ASSETS - BY SOURCE
September 30, 2001
General fixed assets:
Land $ 10,072,772
LBuildings 17,815,771
Equipment 4,884,424
Improvements 5,999,895
Total general fixed assets $ 38.772.862
CInvestment in general fixed assets:
General Fund $ 13,675,268
Special Revenue Funds 3,626,198
Capital Projects Funds 21.471.396
Total investment in general fixed assets $ 38.772.862
C
C
C
C
C
C
C
C
Yr 41
CITY OF AVENTURA, FLORIDA I
SCHEDULE OF GENERAL FIXED ASSETS -
BY FUNCTION AND ACTIVITY
September 30, 2001
I
Land Buildings Equipment Improvements Total
General government: I
City Commission $ -- $ -- $ 14,997 $ -- $ 14,997
City Manager -- -- 60,813 -- 60,813 •
Finance support
ii
services 557,224 -- 557,224
City Clerk -- -- 35.296 -- 35.296
Total general I
government -- -- 668,330 -- 668.330
Public safety:
Police -- -- 3,791,815 -- 3,791,815 •
Community
development -- -- 146.838 -- 146.838
Total public safety -- -- 3.938.653 -- 3.938,653 I
Community services 2.417.890 -- 277,441 5,999.895 8.695.226 1
Non-departmental 7.654.882 17.815.771 -- -- 25.470,653
Total general
fixed assets
allocated to
functions $ 10 072= $ 17 815.771 $ atat424 $ 5.999.895 $ 38.772.862
I
I
I
I
I
I
42 I
L CITY OF AVENTURA, FLORIDA
SCHEDULE OF CHANGES IN GENERAL FIXED ASSETS -
rBY FUNCTION AND ACTIVITY
For the Year Ended September 30, 2001
Balance Balance
October 1, September30,
L2000 Additions Deletions 2001
General government:
L City Commission $ 14,997 $ __ $ __ $ 14,997
City Manager 60,813 60,813
Finance support services 531,810 25,414 -- 557,224
City Clerk 35.296 -- -- 35.296
LTotal general
government 642.916 25.414 -- 668.330
C
Public safety:
Police 2,909,135 882,680 ----
3,791,815
Community development
118,411 28,427146,838
Total public safety 3,027,546 911.107 -- 3.938.653
E
Community services 8.047,947 647,279 -- 8.695.226
CNon-departmental 17,882,934 7.587,719 -- 25,470,653
Total general
fixed assets
allocated to
functions $ 29,601 343 $ 9 171,519 $ -- $ 1,8.2aa2
�C
Y
C
Y
C
L.
L
Ir 43
STATISTICAL SECTION
C
C
L
STATISTICAL SECTION
(NOT COVERED BY INDEPENDENT AUDITORS' REPORT)
C
C
C
pC
Yr
L
L
C
L
t
CITY OF AVENTURA, FLORIDA 3
GENERAL GOVERNMENTAL EXPENDITURES BY FUNCTION (I)
DATE OF INCORPORATION (NOVEMBER, 1995) TO DATE (2)
Fiscal General Public Community j
Year Government Safety Services
1995/96 $ 332,840 $ 46,234 $ 176,794
1996/97 1,122,984 4,377,974 1,589,624
1997/98 1,449,408 6,535,920 1,468,806 j
1998/99 1,561,283 6,831,446 2,419,162
1999/00 1,526,679 7,804,469 2,717,728
2000/01 1,831,007 8,607,783 3,102,494
NOTES: (1) Includes the General, Special Revenue, Debt Service and Capital Projects Funds.
(2) The City was incorporated during fiscal year 1995/96.
3
3
I
I
3
3
3
ul
I
- 1
44
TABLE I
Non-
De
on- Capital Debt
Departmental Outlay Service Total
$ 107,987 $ 323,387 $ -- $ 987,242
465,192 5,301,853 111,955 12,969,582
687,683 8,077,202 237,549 18,456,568
543,665 10,919,960 7,591,607 29,867,123
529,737 11,850,784 1,337,410 25,766,807
725,434 11,652,841 1,902,830 27,822,389
C
L
C
C
C
I
45
CITY OF AVENTURA, FLORIDA 1
GENERAL GOVERNMENTAL REVENUES BY SOURCE (1)
DATE OF INCORPORATION (NOVEMBER, 1995) TO DATE (2)
Licenses
Fiscal Inter- and
Year Taxes Govemmentaj Permits
1995/96 $ 3,767,199 $ 208,193 $ 1,904
1996/97 9,376,999 1,379,510 1,368,022
1997/98 10,671,397 1,390,596 2,756,432 1
1998/99 12,990,627 2,033,221 1,781,863
1999/00 13,717,316 2,836,374 1,886,777
2000/01 14,171,431 2,688,105 2,624,459
NOTES: (1) Includes the General, Special Revenue, Debt Service and Capital Projects Funds.
(2) The City was incorporated during fiscal year 1995/96.
1
1
1
1
1
1
i
i
46
CTABLE 2
L
L Charges
for Fines and
Services, Forfeitures Interest Other Total
C $ -- $ -- $ 15,263 $ 2,027 $ 3,994,586
187,558 42,771 315,253 491,529 13,161,642
L512,141 667,824 515,759 869,239 17,383,388
918,108 531,499 586,067 2,080,201 20,921,586
797,774 441,717 1,059,418 836,386 21,575,762
L647,410 491,688 1,115,650 1,165,394 22,904,137
L
L
L
L
C
C
L
L
L
L
L47
CITY OF AVENTURA, FLORIDA 1
PROPERTY TAX LEVIES AND COLLECTIONS
DATE OF INCORPORATION (NOVEMBER, 1995) TO DATE (3) 1
($ in 000's)
(1) 1
Property Property Net
Fiscal Tax Tax Tax
Year Levy Discount Levy I
1996/97 $ 5,802 $ 199 $ 5,603
1997/98 6,173 234 5,939 1
1998/99 6,894 239 6,655 1
1999/00 7,549 291 7,258
2000/01 7,818 305 7,513 1
SOURCE: Miami-Dade County, Florida, Tax Collector 1
NOTES: (1) Florida Law allows up to a 4% discount for timely payment of property taxes.
(2) Includes corrections, and penalties.
(3) The City was incorporated during the 1995/96 fiscal. The first year that the City was I
authorized to levy ad valorem (property) taxes was the 1996/97 fiscal year.
1
1
I
I
I
I
i
1
48
LTABLE 3
L
Percentage of
(2) Total Tax
Current Delinquent Total Collections
Tax Tax Tax To Net
LCollection Collection Collection Tax Levy
$ 5,561 $ 8 $ 5,569 99.39%
L5,823 18 5,841 98.35%
6,572 23 6,595 99.10%
L7,115 26 7,141 98.39%
L7,397 43 7,440 99.03%
L
C
Y
Y
L
L
L
L
L
1 1 49
CITY OF AVENTURA, FLORIDA TABLE 4 I
ASSESSED VALUE OF TAXABLE PROPERTY (1)
DATE OF INCORPORATION (NOVEMBER, 1995) TO DATE (2)
Non-Exempt Non-Exempt Total
Fiscal Real Personal Taxable
Year Property Pronerty Valuations
1996/97 $2,509,850,919 $ 95,280,080 $2,605,130,999 1
1997/98 2,664,701,818 107,083,192 2,771,785,010
1998/99 2,971,907,364 123,652,446 3,095,559,808 1
1999/00 3,238,050,389 142,847,663 3,380,898,052
2000/01 3,349,591,933 160,779,980 3,510,371,913 1
SOURCE: Miami-Dade County, Florida, Tax Collector 1
NOTES: (I) Florida Law requires all property to be assessed at current fair market value. 1
(2) The City was incorporated during the 1995/96 fiscal. The first year that the City was
authorized to levy ad valorem (property) taxes was the 1996/97 fiscal year.
1
1
1
1
i
1
1
1
1
1
50
CITY OF AVENTURA, FLORIDA 3
PROPERTY TAX RATES - DIRECT AND OVERLAPPING GOVERNMENTS
(PER $ 1,000 OF TAXABLE VALUE)
DATE OF INCORPORATION (NOVEMBER, 1995) TO DATE (1)
Tax 3
Fiscal Roll
Year Year City School County 3
1996/97 1996 2.2270 10.3660 10.3270
1997/98 1997 2.2270 10.4620 9.9930 3
1998/99 1998 2.2270 10.1600 10.0580
1999/00 1999 2.2270 9.6440 9.6980 3
2000/01 2000 2.2270 9.6170 9.5060 3
SOURCE: Miami-Dade County, Florida, Tax Collector 3
NOTE: (1) The City was incorporated during the 1995/96 fiscal. The first year that the City was
authorized to levy ad valorem (property) taxes was the 1996/97 fiscal year.
3
3
3
3
3
3
3
3
51 a
TABLE 5
C
South
Florida Florida
Water Inland
Everglades Management Navigation
Ft Set District District Total
0.1000 0.5720 0.0380 23.6300
0.1000 0.5970 0.0500 23.4290
0.1000 0.5970 0.0470 23.1890
0.1000 0.5970 0.0440 22.3100
0.1000 0.5970 0.0410 22.0880
Y
W
C
C
C
C
C
L
C
C
52
CITY OF AVENTURA, FLORIDA 1
RATIO OF NET GENERAL BONDED DEBT TO ASSESSED VALUE AND NET
BONDED DEBT PER CAPITA
DATE OF INCORPORATION (NOVEMBER, 1995) TO DATE (3)
($ in 000's)
(2)
Assessed Gross
Fiscal (1) Taxable Bonded
Year Population Value Debt
1996/97 20,383 $ 2,605,131 $ 3,276
1997/98 20,349 2,771,785 6,196
1998/99 22,800 3,095,560 21,000 1
1999/00 25,267 3,380,898 20,645
2000/01 25,768 3,510,372 26,610 1
Source: (1) Population is as of April 1 of each year, per the University of Florida Bureau of 1
Economic & Business Research.
(2) The City was incorporated in November, 1995. Accurate estimates of population were
not available until April 1, 1997. For the 1995/96 fiscal year, the City was not in 1
existence at the time that assessed taxable value was determined.
1
1
1
1
1
i
i
1
1
53 1
TABLE 6
Debt Ratio of
Service Net Bonded
Funds Net Debt To Net Bonded
Available Bonded Assessed Debt Per
(Net) Debt Value Capita
$ 189 $ 3,087 0.12% $ 151.45
208 5,988 0.21% 294.27
351 20,649 0.67% 905.66
356 20,289 0.60% 863.95
�^ 866 25,744 0.73% 999.06
Y
C
C
C
Y
C
C
L
[C
r 54
CITY OF AVENTURA, FLORIDA TABLE 7
COMPUTATION OF LEGAL DEBT MARGIN
GENERAL OBLIGATION BONDS
September 30, 2001
Assessed Valuation of Taxable Real and Personal Property $3.510 371 913 I
Bonded Debt limit - 10% of above (Note I) $ 351,037,191 I
Amount of Debt Applicable to Debt Limit:
Total Bonded Debt $ 26,610,000
Less Debt to be Repaid from Specified Revenue Sources:
Covenant to Budget and Appropriate 26,610.000
Total Amount of Debt Applicable to Debt Limit -- i
Legal Debt Margin (Note 1) $ 351.037.191
NOTE: (1) The City Charter allows revenue bonds to be issued when authorized by the City
Commission as long as five of the seven Commission members approve the debt. Ad
Valorem (general obligation bonds) must be approved by referendum of the electorate.
The Charter provides no limit on the amount of general obligation debt; however, the
adopted Capital Improvement Program provides that general obligation bonds shall not
exceed 10% of the total assessed value of the City. 1
1
1
1
1
1
1
1
55 '
■ CITY OF AVENTURA, FLORIDA TABLE 8
COMPUTATION OF DIRECT AND OVERLAPPING DEBT
September 30, 2001
($ in 000's)
(1)
Percentage Amount
Applicable to Applicable to
Net Debt the City of the City of
■ Jurisdiction Outstanding Aventura Aventura
Miami-Dade Board of
County Commissioners $ 264,764 (2) 3.33% $ 8,816
Miami-Dade County
School Board 896,100 (3) 3.33% 29,840
City of Aventura 25,744 100.00% 25.744
it $ 1,186 608 Total $ 64 400
NOTES: (1) Based on ratio of assessed taxable value.
(2) Source: Miami-Dade County, Florida, Finance Department.
(3) Source: School Board of Miami-Dade County, Finance Department.
L
L
L
■
C
C
L
El 56
CITY OF AVENTURA, FLORIDA TABLE 9 1
RATIO OF ANNUAL DEBT SERVICE EXPENDITURES FOR GENERAL
BONDED DEBT TO TOTAL GENERAL GOVERNMENTAL EXPENDITURES
DATE OF INCORPORATION (NOVEMBER, 1995) TO DATE (2)
Ratio of
Debt
I) Service
Total to Total
General General
Fiscal Total Debt Governmental Governmental
Year Principal Interest Other Service Expenditures Expenditures
•
1995/96 $ -- $ -- $ $ -- $ 987,242 0.0% 1
1996/97 -- 111,955 -- 111,955 12,969,582 0.86%
1997/98 -- 237,549 -- 237,549 18,456,568 1.29% 1
1998/99 6,900,000 691,607 -- 7,591,607 29,867,123 25.42%
(3) (3) (3)
1999/00 335,000 982,410 15,809 1,353,219 25,766,807 5.26%
2000/01 590,000 1,260,248 18,082 1,868,330 27,822,389 6.72%
NOTES: (1) Includes the General, Special Revenue, Capital Projects and Debt Service Funds. 1
(2) The City was incorporated during the 1995/96 fiscal year.
(3) Includes $ 6,900,000 to refund the 1996 Line of Credit.
1
1
1
1
i
1
1
1
57 1
L CITY OF AVENTURA, FLORIDA TABLE 10
ESTIMATED VALUE OF CONSTRUCTION
LDATE OF INCORPORATION (NOVEMBER, 1995) TO DATE
($ in 000's)
LEstimated Value of Construction
Number Other
L of New New than New Number of
Fiscal Housing Housing Housing Permits
EYear Units Units Units Total Issued
1996/97 229 $ 55,756 $ 209,760 $ 265,516 1,719
(1)
L1997/98 798 140,775 129,438 270,213 4,506
L1998/99 365 109,823 57,229 167,052 4,194
1999/00 823 95,433 36,403 131,897 4,915
L2000/01 689 122,617 43,181 165,798 5,290
L NOTE: (1) The City began processing building permits for construction within its corporate limits
in November, 1996. Prior to that date, building permits were processed by Miami-Dade
County and information is not available for that period.
Y
I
I
I
C
C
I
L
1 1 58 -
CITY OF AVENTURA, FLORIDA I TABLE 11 I
PRINCIPAL TAXPAYERS
FISCAL YEAR 2000/01
($ in 000's)
Percentage 1
of Total
Assessed Taxable
Company Name Type of Business Value _ Value
1. Aventura Mall Ventures Shopping Center $ 278,300 7.93%
2. The Bay Club of Aventura Rental Apartment Complex 63,000 1.80%
3. The Prudential Insurance Co. Shopping Centers 57,842 1.65% 1
4. Harding & Carbona, Inc.
Finest LTD, Partnership Rental Apartment Complex 48,391 1.38% 1
5. Tumberry Country Club Golf Course and Hotel 47,352 1.35%
6. Miami Beach Healthcare
Group, LTD. Hospital/Medical office 30,317 0.86%
7. Summit Properties Rental Apartment Complex 29,641 0.84% 1
8. D. Soffer & B. Redich
Trust Developer 25,250 0.72%
9. S.J. Fumary and C.
Grossman and John A.
Weitz, Trustees Shopping Center 24,500 0.70% 1
10. Champion Retail, LTD.
& D. Soffer & B. Redich 1
Trust Developer 21.116 0.60%
Total $ 625.709 17.83%
SOURCE: Tax roll of Miami-Dade County, Florida
1
i
1
1
59 1
L CITY OF AVENTURA, FLORIDA TABLE 12
DEMOGRAPHICS AND MISCELLANEOUS STATISTICS
LSeptember 30, 2001
Date of Incorporation November 7, 1995
cForm of City Government Commission - Manager
Area 3.5 Square Miles
LPopulation per State Estimate * 25,768
LEthnic Distribution **:
White (Non-Hispanic) 73.1% African American 1.7%
Hispanic 20.7% Other 4.5%
LAge Distribution **:
C Under 20 11.0%
20-34 18.2%
35-54 23.5%
55-64 12.0%
65+ 35.3%
L Average Household Size **:
Average Household size 1.79%
Average Family size 2.45%
Housing Occupancy **:
Total housing units 20,020
L Owner occupied housing units 10,044
Renter occupied housing units 3,956
Seasonal, recreational and vacant
Lhousing units 6,020
Full Time Employees 147 Public Tennis Center 1
LPublic Facilities Located
within Corporate Limits: Public Recreation Centers 0
LPublic Parks 1
Open Space Recreation (acres) 21 *** Public Schools 0
Public Libraries (Operated by Miami Police Stations 1
Dade County) 1
E Fire Stations (Operated by Miami Police Sub-stations 3
Dade County) 2
* State of Florida, Bureau of Economic & Business Research. Population is as of April 1, 2001.
** U.S. Census Bureau, Profile of General Demographic Characteristics: 2000 for Aventura, Florida
L
*** City of Aventura comprehensive plan
L 60
L
OTHER REPORTS OF INDEPENDENT AUDITORS
Independent Auditors' Report on Compliance and on Internal Control over Financial Reporting
Based on an Audit of Financial Statements Performed in Accordance with Government Auditing
Standards
Independent Auditors' Report to City Management
C
C
L
C
L
C
C
C
COMPLIANCE SECTION
ill KEEFE,MCCULLOUGH&CO., LLP
CERTIFIED PUBLIC ACCOUNTANTS
1 11•111
ilianain
6550 NORTH FEDERAL HIGHWAY
JOHN R.KEEFE,CP A JOSEPH 1H EEO.C.P.A. SUITE 410
JOHN E.MCCULLOUGH,C➢A(RETIRED) WILLIAM 0.BENSON.C.P.A.
THOMAS T CARPENTER,C.P.A. BRIAN D.PINNELL,CPP. FORT LAUDERDALE,FLORIDA 33308
PAUL B.SNEIDER.CP A.1RETIRED) KENNETH G.SMITH C PA.
STEVEN H.WOODS,CPA. LOUIS R.PROIET ,CPA. (954)77I-0896
DAVID T.WILLIAMS,C.P.A. CYNTHIA L.CALVERT CP A FAX:(954)938-9353
CECILE HARLES.K RIJM CPn.
KALLIOPI
I. LAMIS,IP.,C.P.A. E-MAIL:kmc@kmccpa.com
CHARLES K.RIiMPE C P A. GERAL1VLAMTHECR..
C
INDEPENDENT AUDITORS' REPORT ON COMPLIANCE AND
C ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED
ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN
ACCORDANCE WITH GOVERNMENT AUDITTE G STANDARDS
CTo the Honorable Mayor, City Commission and City Manager
C City of Aventura, Florida
Aventura, Florida
CWe have audited the general purpose fmancial statements of the City of Aventura, Florida as
of and for the year ended September 30, 2001, and have issued our report thereon dated January
31, 2002. We conducted our audit in accordance with auditing standards generally accepted in the
United States of America and the standards applicable to financial audits contained in Government
Auditing Standards, issued by the Comptroller General of the United States.
LCompliance
As part of obtaining reasonable assurance about whether the City of Aventura, Florida's general
L purpose financial statements are free of material misstatement, we performed tests of its compliance
with certain provisions of laws, regulations, contracts and grants, non-compliance with which could
have a direct and material effect on the determination of general purpose fmancial statement
C amounts. However,providing an opinion on compliance with those provisions was not an objective
of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed
no instances of non-compliance that are required to be reported under Government Auditing
Standards.
E
Internal Control over Financial Reporting
C In planning and performing our audit, we considered the City of Aventura, Florida's internal
control over financial reporting in order to determine our auditing procedures for the purpose of
expressing our opinion on the general purpose financial statements and not to provide assurance on
C the internal control over financial reporting. Our consideration of the internal control over financial
reporting would not necessarily disclose all matters in the internal control over fmancial reporting
that might be material weaknesses. A material weakness is a condition in which the design or
C operation of one or more of the internal control components does not reduce to a relatively low
level the risk that misstatements in amounts that would be material in relation to the general
purpose financial statements being audited may occur and not be detected within a timely period
L by employees in the normal course of performing their assigned functions. We noted no matters
involving the internal control over financial reporting and its operation that we consider to be
material weaknesses.
L 61
City of Aventura, Florida
This report is intended for the information of management, members of the City Commission,
the Office of the Auditor General of the State of Florida and other grantor agencies. However, this
F report is a matter of public record and its distribution isnot limited.
`P ''(1 Co. tLQ
KEEFE, McCULLOUGH & CO., LLP
Fort Lauderdale, Florida
January 31, 2002
C
L
c
c
C
C
E
E
C
C
C
62
MI KEEFE, McCULLOUGH &CO., LLP
CERTIFIED PUBLIC ACCOUNTANTS
6550 NORTH FEDERAL HIGHWAY
JOHN R.KEEFE,C.P.A. JOSEPH D.LEO.C PA SUITE 470
JOHN H. TCULWUOR CPA((RETIRED) WILLIAM O.BENSON.C PA.
THOMAS TURPENTER.CPA. BRIAN o.P1NNELL.cPA. FORT LAUDERDALE,FLORIDA 33308
PACLB.SNEJDER.0 (RETIRED) KENNETH a SMITH.C PA. 410
STEVEN II WOODS.C.P.A.ALOUIS H.PROIETIO,C VA (954)771-0896
DAVID I:WILLIAMS.C PA. CYNTHIA L CALVERT,CPA. FAX:(954)938-9353
C c rH.PCNOVAK.cPA. GERALD.PIFFATHIR..CPA E-MAIL:IOHc@tmccpa.com
CHARLES K RUMPF.C P KALLIOPI VIAML,CPA.
C
(
■ INDEPENDENT AUDITORS' REPORT TO CITY MANAGEMENT
CTo the Honorable Mayor, City Commission and City Manager
City of Aventura, Florida
Aventura, Florida
We have audited the general purpose financial statements of City of Aventura, Florida as of and
Cfor the year ended September 30, 2001, and have issued our report thereon dated January 31, 2002.
We conducted our audit in accordance with auditing standards generally accepted in the United
C States of America and the standards applicable to financial audits contained in Government Auditing
Standards, issued by the Comptroller General of the United States. We have also issued our
Independent Auditors' Report on Compliance and on Internal Control over Financial Reporting
Based on an Audit of Financial Statements Performed in Accordance with Government Auditing
C Standards. That report, dated January 31, 2002, should be considered in conjunction with this
report to City management.
CAdditionally, our audit was conducted in accordance with Chapter 10.550, Rules of the Auditor
General. Those rules (Section 10.554(1)(g)1.a.) require that we address in the report to City
management, if not already addressed in the auditors' report on compliance and internal controls,
whether or not inaccuracies, irregularities, shortages, defalcations, fraud, and/or violations of laws,
rules, regulations, and contractual provisions reported in the preceding annual financial audit report
have been corrected. There were no inaccuracies, irregularities, shortages, defalcations, fraud
and/or violations of laws, rules, regulations, and contractual provisions disclosed in the preceding
Cannual financial audit report.
The Rules of the Auditor General (Section 10.554(1)(g)l.b)require that we address in the report
to City management, if not already addressed in the auditors' report on compliance and internal
controls, whether or not recommendations made in the preceding annual fmancial audit report have
been followed. There were no recommendations made in the preceding annual financial audit
R report.
CAs required by the Rules of the Auditor General (Section 10.554(1)(g)2.),the scope of our audit
included a review of the provisions of Section 218.415., Florida Statutes, regarding the investment
C of public funds. In connection with our audit, we determined that the City complied with Section
218.415, Florida Statutes.
IL
L 63
City of Aventura, Florida
The Rules of the Auditor General (Section 10.554(1)(g)4.) require disclosure in the report to
City management of the following matters if not already addressed in the auditors' report on
compliance and internal controls: (1) violations of laws, rules, regulations, and contractual
provisions that have occurred, or are likely to have occurred; (2) improper or illegal expenditures;
(3) improper or inadequate accounting procedures (e.g., the omission of required disclosures from
the general purpose financial statements); (4) failures to properly record financial transactions; and
(5) other inaccuracies, shortages, defalcations, and instances of fraud discovered by, or that come
to the attention of, the auditor. Our audit disclosed no matters requiring disclosure in the report
to City management or the general purpose financial statements.
[' The Rules of the Auditor General (Section 10.554(1)(g)5.)also require that the name or official
` title and legal authority for the primary government and each component unit of the reporting entity
be disclosed in the report to City management, unless disclosed in the notes to the general purpose
financial statements. The City of Aventura, Florida was established in 1995 pursuant to the
constitution of the State of Florida and the Home Rule Charter of Miami-Dade County. The City
does not have any component units.
As required by the Rules of the Auditor General (Section 10.554(1)(g)6.a.), the scope of our
audit included a review of the provisions of Section 218.503(1), Florida Statutes, regarding
financial emergencies. In connection with our audit, we determined that the City is not in a state
L of financial emergency as a consequence of the conditions described in Section 218.503(1), Florida
Statutes.
As required by the Rules of the Auditor General (Section 10.554(1)(g)6.b.),we determined that
the annual financial report for the City for the year ended September 30, 2001, fled with the
Department of Banking and Finance pursuant to Section 218.32, Florida Statutes, is in agreement
with the annual financial audit report for the year ended September 30, 2001.
As required by the Rules of the Auditor General (Section 10.554(g)(6)c. and 10.556), we
applied financial condition assessment procedures. It is management's responsibility to monitor the
entity's financial condition, and our financial condition assessment was based in part on
representations made by management and the review of financial information provided by same.
This report to management is intended solely for the information of management, members of
the City Commission and the Auditor General of the State of Florida, and is not intended to be and
should not be used by anyone other than these specified parties. This restriction is not intended to
limit the distribution of this report, which is a matter of public record. l/
KEEFE, McCULLOUGH & CO., LLP
Fort Lauderdale, Florida
January 31, 2002
C
C
C
64
4\10ik)k
II). (t1 t4\
- -
1111 miloy
`0(11111 .t1\
q
-1
1
CITY OF AVENTURA
CITY MANAGER'S OFFICE
MEMORANDUM
TO:
City Commission
FROM:
BY:
Eric M. Soroka, City
rojects Manager tL.:fJ
Antonio F. Tomei,
DATE: April 24, 2002
SUBJECT: HE 213lh Street - Easement Dedications
May 7, 2002 City Commission Meeting Agenda Item (p D
Recommendation
It is recommended that the City Commission adopt the attached Resolution allowing for
portions of private property be dedicated to the City of Aventura from Gulfstream Park
Racing Association and Dayton-Hudson Corporation for the NE 213th Street
Beautification project.
Backaround
Use of private property was required for placement of conduit and wiring to provide
power to the streetlights.
If you have any questions or need any additional information, please feel free to
contact me.
RESOLUTION NO. 2002-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA PROVIDING FOR ACCEPTANCE OF
DEDICATION OF EASEMENTS FROM GULFSTREAM PARK RACING
ASSOCIATION AND DAYTON-HUDSON CORPORATION TO THE CITY
OF AVENTURA TO INSTALL, ACCESS AND MAINTAIN THE
STREETLIGHT ELECTRICAL SYSTEM ON NE 213TH STREET:
AUTHORIZING THE CITY MANAGER TO OBTAIN AND EXECUTE
INSTRUMENTS CONCERNING DEDICATION; AUTHORIZING
ACCEPTANCE OF DEDICATION; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1: That the easement dedication, as reflected on the attached
documents, is hereby accepted and the City Manager is hereby authorized to cause
such easements to be recorded in the Official Records of Miami-Dade County, Florida,
subject to confirmation by the City Attorney as to the legal form and sufficiency of the
Dedication and instrument of conveyance.
Section 2: The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3: That this Resolution shall be effective immediately upon adoption
hereof.
The foregoing resolution was offered by Commissioner ,
who moved its adoption. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
Resolution No. 2002-_
Page 2
PASSED AND ADOPTED this 7lt1 day of May, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
WEISS SEROTA HELFMAN
PASTORIZA & GUEDES, P.A.
ATTORNEYS AT LAW
MITCHEL.L. A. BIERMAN
NINA L. BONISKE
JAM I E ALAN COLE
EDWARD G. GUEDES
STEPHEN .... HELFMAN
GlL.BERTO PASTORlZA
JOSEPH H. SEROTA
NANCY E. STROUD
RICHARD ,JAY WEISS
DAVID M. WOlP1N
STEVEN W. ZELKOWITZ
DOUGLAS R. GONZAL.ES
,JOHN R. HERIN, JR.
CHRISTOPI-lER 1='. KURTZ
PETER A. LICHTMAN
KAREN LIEBERMAN-
MATTHEW H. MANDEL.
BERNARD 5. MANDLER-
ALEXANDER L.. PAL.ENZUElA-MAURJ
MICHAEL. S. POPOK*
ANTHONY L. RECIO
GARY I. RESNICK*
SCOTT A. ROB I N
DANA J. SCHINDLER
GAIL O. SEROTA*
ARI C. SHAPIRO
.JEFFREY P. SHEFFEL
FRANCINE THOMAS STEEL.MAN
SUSAN L.. TREVARTHEN
CARMEN 1. TUGENDER
MIAMI-DADE OFFICE
2665 SOUTH BAYSHORE DRIVE
SU ITE 420
MIAMI, FLORIDA 33133
THOMAS J. ANSBRO.
LILL.IAN ARANGO DE LA HOZ.
AL.ISON S. BIEL.ER
MITCHELL J. BURNSTEIN
ELAINE M. COHEN
TEL.EPHONE (305) 854-0800
TEL.ECOPIER (305) 854-2323
WWW.WSH-FLAL.AW.COM
BROWARD OFFICE
3107 STIRUNG ROAD, SUITE 300
FORT LAUDERDAL.E, FL.ORIDA 33312
TEL.EPHONE (954) 763.4242 . TEL.ECOP1ER (954) 764-7770
.OF COUNSEL.
April 17, 2002
VIA U.S. MAIL
Mr. Antonio Tomei
City of A ventura
19200 West Country Club Drive
Aventura, Florida 33180
RE: 213th Street Easements from Target Corporation and Gulfstream Park
Racing Association in favor of the City of Aventura (the "Easements")
Dear Tony:
Pursuant to our telephone conversation earlier today concerning the above, enclosed please
find copies of the Easements for placement on the next agenda for approval.
Should you have any questions or comments concerning the foregoing, please do not
hesitate to contact me.
~.~
.---.-- ~
Dana J. Schindler
DSS/smc
328.001
Enclosure
THIS INSTRUMENT PREPARED BY
AND SHOUlD BE RETURNED TO:
Dan.l. Schindler, &q.
WEISS SEROTA HELFMAN
PASTORIZA & GUEDES, P.A.
2665 SouthB.yshcreDrive, Suite 420
Miarn~FL33133
(305)854-0800
For Reconling Purposes Only
EASEMENT
THIS EASEMENT (this "Easement") is made this ~ day of April, 2002, by
GULFSTREAM PARK RACING ASSOCIATION, INC, a Florida corporation, having an
address at 901 South Federal Highway, Hallandal~ Florida 33009 (hereinafter referred to as the
"GRANTOR"), to and in favlX of the CITY OF A VENTURA, a Florida muni:ipal corporation,
having an address at 19200 West Country Club Drive, Aventura, Florida 33180 (hereinafter
referred to as the "GRANTEE").
RECJ:.[AL's':
GRANTOR owns fee simple tit~ to certain real property locaed in Miami-Dade
County, Florida, as moreparticularly described in Exhibit "A" atta:hed hento and by this reference
made a part herrof (the "Property").
GRANTOR has agreed to grant to GRANTEE an non-exclusive, perpetual easement
for the limited purposes of: (i) installing, maintaining and rep lacing landscap ing up on the Property;
and (ii) installing, maintaining repairing and replacing utilities rehted solely to the maintenance of
the landscapinginsta1led upon the Property such as above-ground and underground irrigation and
sprinkler systems, subject to theterrrn and conditions hereinafter set forth.
NOW, THEREFO RE, for and in consideratkm ofthe premises and the sum of TEN
AND NO/100 DOLlARS ($10.00) and other good and valuable consideration, the receipt and
sufficiency of which is henhy acknowledgal, theparties herdo do hereby agree as follows:
1. Recitals. The parties acknowledge that the foregoing recitals are true and correct and
hereby incorporated into this Easement as if fully set forth herein.
2 Grant of Easement. GRANTOR does henhy grant and convey to the GRANTEE and
its licensees, agents independent contractors, successors and assigns, a non-exclusive, perpdual
easement in, over, under, upon, across and through the Property for the limited purposes of
installing and maintaining landscaping and related utilities such as above-ground and underground
irrigation and sprinkler systems, as well as ingress and egress in, over, under, upon, acroos and
through the Property with full rights and authority to enter upon the Property in order to install,
construct, reconstruct, repbce, improve, remove, inspect, repair and maintain such work The
parties ackoowledge that the initial work upon the Property shall be installed and constructed
substantially in accordance with the p\an<; and specifications prepared by 0 'Leary Design
Associates, P.A. under Project No. 01-06-22-11 datal May 25, 2001, as amended (the "Plm.s and
Specifications"). GRANTOR also authorizes the GRANTEE to remove existing landscaping on the
Property in accordance with the Plans and Specifications. Subject to the restoration provisions set
forth in Section 3 hereof, GRANTOR also grants GRANTEE a license to temporarily locate its
equipment and materials on the property of GRANTOR immaliately adjoining the Property as
may be necessary to perfurm the foregoing
3. Improvements and Res1Dration. In the event the GRANTEE abandons the easement
herein granted by failing to install the landscaping described in the P\an<; and Specifications on or
before June 30, 2002 or by making known its intention not to maintain the landscaping as otherwise
required by this grant of easement, then the GRANTEE shall restore the Property and any
improvements thereon to their prior existing condition at no cost or expense to GRANTOR unless
such restoration is required due to the acts or omissions of GRANTOR. GRANTEE shall use its
best efforts to not to implct to GRANTOR's ongoing activities on the Property in exercising its
rights heramder. GRANTOR and its successors and assigns, agrees not to build, construct or
create, or permit others to build, construct or create any buillings, stru::tures or other improvements
on, over or under the Property that may interfere with the any landscaping or iITigfrtion sysytems
installed, constructed and/or maintained by GRANI'EE on, over or under the Property and/or
adversely affa;t GRANTEE's rights heramder.
4. Warranties and Representations. GRANTOR does herroy covmant with the
GRANTEE, that ( a) it is lawfully seized and possessed of the Property; (b) it has good and lawful
right to enter into this Easement and convey said easement; and (c) all applicable corporate,
partnership, trust or other required authorizations, approvals or consents have been obtained and no
other authorizations, approvals or consents are required to effa;tuate GRANTOR's exewtion and
delivery of this Easement. GRANTOR ackoowledges that GRANTEE is materially relying on the
representations as herein expressed.
5. Covenants Runnin~ with the Land This Easement, and the rights and interests
created herein shall run with the land and shall be binding up on and inuring to the benefit of the
parties hereto and their respective sucressors and assigns.
6. Indemnification. To the extent permitted by law and subject to the provisions and
monetary limitations of Section 76828, Florida Statutes, GRANTEE agrees to indemnify and hold
GRANTOR hannless from and against any and all damages, liabilities, costs and matters relating to
or arising out of the exercise of its rights under this Easement, exctpt for any claims arising due to
-2-
the acts or omissions of GRANTOR.
7. Miscellaneous. This Easement shall be construed under the laws of the State of
Florida GRANTEE may, at GRANTEE's cost and expense, record this Easement and any
amendments hereto in the Public Records of Miami-Dade County, Florida This Easement may
only be modified, supplemented or revised in writing signed by the parties, or their successors or
assigns, and any modification shall be effoctive only upon recordation in the Public Records of
Miami-Dade County, Florida
IN WITNESS WHEREOF, GRANTOR has caused these presents to be exeroted by its
duly authorized offcer or representative as of the day and year first above written.
WITNES SES:
GRANTOR:
~'
- . db~
~ame:( hvi in!' SlAiL/u0'\
~. ~
v~:~';;i - ~5~
GULFS TREAM
ASSOCIATION,
cOrplration
PARK
INC.,
RACING
a Florida
)~lu
By:
Name: Scott C. Savin
Title: President
STATE OF FLORIDA
COUNfY OF ~rDW"-( d
)
SS:
)
THiS IS TO CERTIFY, that on this I 0 day of April, 2002, before me, an offx:er
duly authorized to take acknowledgements in the State and County aforesaid, personally appeared
SCOTI C. SAVIN, as President of GULF STREAM PARKRAC~ ASSOCIATION, INC., a
Florida corporation, on behalf ofthe corporation, who ( chock one) [....]is personally known to me or
[ ] produced as identification.
. J~'
~~ '-&
Print Name: E I;,~k>d'h T. riJiG:..5<=-
My Commission Expires:
fl_~ ~~.,j,;:'~~"';' ".- .-
/1'1:'" .~, EUZABETH T. HIAAGA
t, :'; t,lYCOMMISSION#CC7.
.~. '_ 5
.1 "-r.iit;;\h't.:';i "'o~x:~~~ October lB, 2~Ol
'" IaJyPublICUndifwrll9fs
-3-
EXlDBIT "A"
Certain real property located in Miami-Dade County, Florida more particularly described as
folbws:
A PORTION OF TRACT "A" OF "DONN ACRES", ACCORDING TO THE PLAT,
THEREOF AS RECORDED IN PLAT BOOK 76, AT PAGE 30, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA DESCRIBED AS FOLLOWS:
COMMENCE AT THE N.E. CORNER OF TRACT "B" OF "A VENTURA COMMONS"
,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 151, AT PAGE
58, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE
Nlo33'57"W FOR 80.00 FEET TO A POINT ON A LINE 629.41 FEET SOUTH OF, AS
MEASURED AT RIGHT ANGLE, AND PARALLEL WITH THE NORTH LINE OF
SECTION 34, TOWNSHIP 51 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY,
FLORIDA; THENCE S88026'02"W, ALONG THE PREVIOUSLY DESCRIBED LINE, FOR
49.67 FEET; THENCE Nlo33'57"W, DEPARTING THE PREVIOUSLY DESCRIBED LINE,
FOR 2.50 FEET TO POINT "A", SAID POINT ALSO BEING THE POINT OF BEGINNING
OF A 5.00 FOOT WIDE EASEMENT LYING 2.50 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBEb CENTERLINE; THENCE S88026'03"W FOR 637.47 FEET TO
A POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE
NORTHEAST; THENCE SOUTHWESTERLY, WESTERLY AND NORTHWESTERLY,
ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 611.59
FEET AND A CENTRAL ANGLE OF 13048'30" FOR A DISTANCE OF 147.39 FEET TO
THE POINT OF TERMINATION.
AND
COMMENCE AT THE ABOVE DESCRIBED POINT "A" THENCE Nl 033'57"W FOR 2.50
FEET; THENCE S88026'03"W FOR 6.50 FEET TO THE POINT OF BEGINNING OF THE
HEREINAFTER DESCRIBED PARCEL; THENCE N1 033'57"W FOR 13.00 FEET; THENCE
S88026'03"W FOR 25.00 FEET; THENCE Nlo33'57"E FOR 13.00 FEET; THENCE
S88026'03"E FOR 25.00 FEET TO THE POINT OF BEGINNING.
ALL OF THE ABOVE DESCRIBED PROPERTY LYING AND BEING IN THE CITY OF
A VENTURA, MIAMI-DADE COUNTY, FLORIDA.
4.
PHOTOCOPIES OF DR-219
THIS FORM NOT R.07/98
RETURN FOR TRANSFERS OF INTEREST IN REAL PROPERTY ACCEPTABLE
(PLEASE READ INSTRUCTIONS ON THE BACK OF THIS FORM BEFORE COMPLETING)
Use black ink. Enter numbers as shown below. If typing, enter numbers as shown below.
1. ParcelldentificationNumber ~QJ~@]~~~[TI@]~ 0000~0EJOO
(If ParcellD not available
~I~::~s~~~~~~:~pr,;perty ~[&]QD~[2]~[J~ 6J~[J~~[l]wDDDDDDDDDD
Property was improved
with building(s) at time 0
of sale/transfer? ...-....-t
~ Pc] J" '-, A--r-1 =,-' 'Il\J ~ .
Corporate Name (if appJicablk)
FL.
Zip Code
Multi-parcel D
transaction? -+
6- U L F- S -'l-re~
Last First
q" \ S. 0...:> vU
Mailing Address City
(" \ ry o'F. P,-u cr-,-\-.J rc-
Last FI rst
l ~ ;;...== W~-T- Lo--.>i"--W y
Mailing Address /
5. Date of SaJefTransfer
lD]o~ / ~a~ / Q[J~QJ $D(~lggngeQQDD
III, III II
2. Mark (x) all
that apply
3. Grantor (Seller):
4. Grantee (Buyer):
FLORIDA DEPARTMENT OF REVENUE
r
Transaction is a split m
or cutout from
-->
another parcel?
() A--O-\<. R...PrC- \ ,;;
MI
a ~A~
State
MI
\)IL .
Corporate Name (if applicable)
1\-,1 a...r,J...j ("- fL- (:j '3 ~ C\:l
State ZIp Code Phone No.
(J,-, \';>
City
SalelTransfer Price
iQl fQl Property I.J f3l County Code
. ~ ~ Located In L.:JL.::J (County Codes on Reverse)
6. Type of Document 0 ContracVAgreement f\:'l' Other 7. Are any mortgages on the property? If "Yes", YES 0 / [Z] NO
for. Deed ~ outstandIng mortgage balance:
o ~:~~anty 0 g~~dclaim (Round to the nearest dollar.) $ DODO 0 00 0 0 [Q] [Q]
8. To the best of your knowledge, were there unusual circumstances or conditions to the sale/transfer
such as: Forced sale by court order? Foreclosure pending? Distress Sale? Title defects? Corrective Deed? Mineral rights?
Sale of a partial Of undivided interest? Related to seller by blood or marriage.
YES 0 / ~NO
9. Was the sale/transfer financed? YES 0 / [i) NO
Conventional 0 Seller Provided 0
Govoment g AC[jge Timeshare
$OODOOOOOO
> $OODOODOOO wl3
13. If no tax is due in number 12, is deed exempt from Documentary Stamp Tax under s. 201.02(6), Florida Statutes? YES 0 / 0 NO
Under penalties of perjury, I declare that~ha ead. the foregoing return an hat the facts stated in it are true. If prepared by someone other
Lthan the taxpayer, his/her declaration is bas ~WhiCh ~rry knowledge.
Signature of Grantor or Grantee or Agen -- --- Date ~.. \ ,- Cl L-
WARNING: F'AILURE TO FILE THIS RETURN OR ALTEWTroE .~~M Jp~&MHE d~~ ~V~NGEtHA~ ~ESULT IN A PENALTY OF $25.00 IN ADDITION TO ANY
OTHER PENALTY IMPOSED BY THE REVENUE LAW OF FLORIDA.
10.
Property Type:
Mark (x) all
that apply
If "Yes", piease indicate type or types of financing:
Agreement or 0
Contract for Deed
Other 0
Residential
Commercial
Institutional/
Miscellaneous
Industrial
Agricultural
o 0
YES 0 / lid NO
o
Cents
[Q][Q]
o
o
o
11. To the be~t of your knowledge, was personal property
included in the sale/transfer? If "Yes", please state the
amount attributable to the personal property. (Round to the nearest dollar.)
12. Amount of Documentary Stamp Tax
Clerks Date Stamp
(To be completed by the Clerk of the Circuit Court's Office)
O. R. Book
and
Page Number
and
File Number
Date Recorded
ODDOO
OODO
0000000000000
00/00/0000
.,__<... 1'"'\_.. V~~.
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Dana 1. Schindler, Esq.
WEISS SEROTA HELFMAN
P ASTORIZA & GUEDES, P.A.
2665 South Bayshore Drive, Suite 420
Miami, FL 33133
(305) 854-0800
For Recording Purposes Only
RASFMRNT
THIS EASEMENT (this "Easement") is made this J5+/' day of April, 2002, by
TARGET CORPORATION, a Minnesota corporation, FIK/A DAYTON-HUDSON
CORPORATION, a Minnesota corporation, having an address at c/o Property Tax Department
T-1074, 777 Nicollet Mal, Minneapolis, MN 55402 (hereinafter referred to as the "GRANTOR"),
to and in favor of the CITY OF A VENTURA, a Florida municipal corporation, having an address
at 19200 West Country Club Drive, Aventura, Florida 33180 (hereinafter referred to as the
"GRANTEE").
RECIIALS:
GRANTOR owns fee simple title to certain real property located in Miami-Dade
County, Florida, as more particularly described in Exhibit "A" attached hereto and by this reference
made a part hereof (the "Property").
GRANTOR has agreed to grant to GRANTEE an non-exclusive, perpetual
easement for right-of-way, utility and landscaping purposes as well as ingress and egress in, over,
under, and upon the Property for the purpose of installing, constructing, maintaining, repairing and
replacing any utilities and landscaping located on the Property, subject to the terms and conditions
hereinafter set forth.
NOW, THEREFORE, for and in consideration of the premises and the sum of
TEN AND NOll 00 DOLLARS ($10.00) and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto do hereby agree as follows:
1. Recitals The parties acknowledge that the foregoing recitals are true and correct and
hereby incorporated into t1:ils Easement as if fully set forth herein.
2. r.rant of F.asement. GRANTOR does hereby quit claims and conveys to the
GRANTEE and its licensees, agents independent contractors, successors and asSIgnS, a non-
exclusive, perpetual easement in, over, under, upon, across and through the Property for the purpose
of installing and maintaining utility lines and landscaping as well as ingress and egress in, over,
under, upon, across and through the Property with full rights and authority to enter upon and
excavate the Property in order to install, construct, reconstruct, replace, improve, remove, inspect,
repair and maintain such work. The parties acknowledge that the initial work to the Property shall
be installed and constructed substantially in accordance with the plans and specifications prepared
by O'Leary Design Associates, P.A. under Project No. 01-06-22-11 dated May 25, 2001, as
amended (the "Plans and Specifications"). GRANTOR also authorizes the GRANTEE to remove
existing improvements and landscaping on the Property in accordance with the Plans and
Specifications. Subject to the restoration provisions set forth in Section 3 hereof, GRANTOR also
grants GRANTEE a license to temporarily locate its equipment and materials on the property of
GRANTOR immediately adjoining the Property as may be necessary to perform the foregoing.
3. T mprovement< an iI R e<toration. In the event GRANTEE exercises its rights as set
forth in Section 2 hereof, GRANTEE shall, subject to the work described in Section 2, restore the
Property and any improvements thereon to their prior existing condition at no cost or expense to
GRANTOR. GRANTEE shall use its best efforts to minimize any impacts to GRANTOR's
ongoing activities on the Property in exercising its rights hereunder. GRANTOR and its successors
and assigns, agrees not to build, construct or create, or permit others to build, construct or create
any buildings, structures or other improvements on, over or under the Property that may interfere
with the improvements installed, constructed, operated and/or maintained by GRANTEE on, over
or under the Property and/or adversely affect GRANTEE's rights hereunder.
4. W"rr"ntie< "nil R~pre<ent"tinn<. GRANTOR does hereby covenant with the
GRANTEE, that (a) it is lawfully seized and possessed of the Property; (b) it has good and lawful
right to enter into this Easement and convey said easement; and (c) all applicable corporate,
partnership, trust or other required authorizations, approvals or consents have been obtained and no
other authorizations, approvals or consents are required to effectuate GRANTOR's execution and
delivery of this Easement.
5. Cnven"nt< Running with the T ,ani!. This Easement, and the rights and interests
created herein shall run with the land and shall be binding upon and inuring to the benefit of the
par1ies hereto and their respective successors and assigns.
6. Mi<rell"nenn<. This Easement shall be construed under the laws of the State of
Florida. GRANTEE may, at GRANTEE's cost and expense, record this Easement and any
amendments hereto in the Public Records of Miami-Dade County, Florida. This Easement may
only be modified, supplemented or revised in writing signed by the parties, or their successors or
assigns, and any modification shall be effective only upon recordation in the Public Records of
Miami-Dade County, Florida.
IN WITNESS WHEREOF, GRANTOR has caused these presents to be executed by its
-2-
duly authorized officer or representative as ofthe day and year first above written.
WITNESSES:
GRANTOR:
/J;~Yft:utl!
Name: .:JOt'VI A, Coo1&1I
\)N\CA.~ \dWA~
Name: ~ -:\. ~\' htnJ.
~
TARGET CORPORATION, a Minnesota
corporation, f/kla DAYTON-HUDSON
CORP., a Minnesota corporation
By:
Name:
Title:
~'tkt.
S::ot: .J~L ,f\,'--:,r~,r;,~
V.rr'0 F'J'f'-.:o.c;"'-::p",-,':
T~r..., ~.t c" ~'.C"
J co;;, ~; t.; '-' (,-n '~' ~:'
STATE OF j\(i inn fMfu
COUNTY OF I.b~nn ( ,,; 11 ,
,
)
58:
)
THIS IS TO CERTIFY, that on this / S-J5 day of April, 2002, before me, an officer
duly authorized to take acknowledgements in the S$te and County aforesaid, personally appeared_
0('/1..1+ fcttNvl.~(\(\ ,as VI0F ({{S,fU,.,-t, leurql..:t (;-ro(~of TARGET
CORPORATION, a Minnesota corporation, f7k/a DAYTON HUDSON CORP., a Minnesota
corporation, on behalf of the corporation, who (check one) [i.{'is personally known to me or [ ]
produced as identification.
.
TAMMY A. MOSH~R I
NOTARY PUBUC.MINNESOTA
1Iy00000000000",JII\,II,1IIQI
.
\.J:unJ7Liiffi 0. \.fno::JwJ
NOTARY P LIC .
PrintName:~mrnli H. (YlCi:..fHr
My Commission Expirt!s: \it n .J~ doro-
-3-
RXHTRTT "A"
Certain real property located in Miami-Dade County, Florida more particularly described as
follows:
A portion of Tract "B" of A VENTURA COMMONS, according to the Plat thereof, as recorded in
Plat Book 151, at Page 58, of the Public Records of Miami-Dade County, Florida, described as
follows:
Commence at the N.E. comer of said Tract "B"; thence S88026'02"W, along the North line of said
Tract "B" for 144.67 feet; thence Sl o33'57"E, departing the North line of said Tract "B", for 2.50
feet to the Point of Beginning of a 5.00 foot wide easement lying 2.50 feet on each side of the
following described centerline; thence S88026'03"W for 530.00 feet to the Point of Termination.
-4-
OFFICIAL RECEIPT
CLERK OF CIRCUIT & COUNTY COURT
OFFICE OF THE RECORDER
CLK/CT 611 12/92 DADE COUNTY, FLORIDA
WEISS SEROTA HELFMAN ~ :L ~ o=> \ .
''''''u",'''''. "C ' '.'~'
2665 South Boyshare DrIVe
."'~'.'. "lv.
MiamI. Florida 55133
RECORDING l UlJ NO I USe 11115 St'ACE I
FEES
E G~'f,,"J: I C/. c-0
II II
Icrp
.
INT 4MGIBlE
TAX
. ..
...
DOC .00 z
0
srAUPS .be> w
In
::>
. co
ir
w
c
a:
0
. u
w
4(' 0:
SURTAX . ~
-'-l\
REFUND
PAVUENT
ACCT REC
TOTAL i\. \0. THIS RECElPr NOT VAUD UNLESS VALIDATED
.~
FLORIDA DEPARTMENT OF REVENUE PHOTOCOPIES OF ~R;~;:8
RETURN FOR TRANSFERS OF INTEREST IN REAL PROPERTY T~~60~~~B~~T
(PLEASE READ INSTRUCTIONS ON THE BACK OF THIS FORM BEFORE COMPLETING)
Use black ink. Enter numbers as shown below. If typing, enter numbers as shown below.
1. ParcelldentijicationNumber ~ IT] ~ @] ~ ~ [B [2] ~ ~ 0 0 0@J~0E1 0 0
(If Parcel 10 not available
~';;::::s~~!~~~:~ ~perty ~wDw~~EJ[J~1LJf[J[Q]~~~DDDDDDDDDD
Property was improved
with buiJding(s) a1 time 0
of sale/transfer? -t
Transaction is a split ~
Multi-parcel 0 or cutout from
transaction? ------.. another parcel? ---t
3. Grantor (Seller): \"A R. (.,....e.. \" CoO f1..p= r "",;\-, '"" ,:::,
Last First MI Corporate Name (if applicable)
Pr"f.'TO.-"-Q.,........."T-\OI'-\ /I' f'\.I"...,\\e.--' [Y\l'\-L ,...,. (I
Mailing Address J City I State Zip Code Phone No.
4. Grantee (Buyer): c.. \ ""'"' I oF- A va....,-\-..J r-=>..--
Last 7 First MI
""\.;;Loo W. CDur>'r-<,! c..\"'b ur. (+"~r-o'l;--ir",--
Mailing Address I City I
5. Date of SalefTransfer SalefTransfer Price
ca ~ I [JJ ~ I ~ W ~ ~ $00 nOD 0 noD . [Q] [Q] ~~~~~edln ~ ~ ~~~"~:~~~~:" R~e"e)
Month Day Year (Rour~ the nearest d~
6. Type of Document 0 Contract/Agreement [7l Other 7. Are any mortgages on the property? If "Yes", YES 0 / [kJ NO
tor Deed L;fJ outstanding mortgage balance:
o ~:;~anty 0 g~:dClaim (Round to the nearest dollar.) $000,000000 [Q][Q]
8. To the best of your knowledge, were there unusual circumstances or conditions to the sale/transfer
such as: Forced sale by court order? Foreciosure pending? Distress Sale? Title defects? Corrective Deed? Mineral rights?
Sale of a partial or undivided interest? Related to seller by blood or marriage,
1111111 II
2. Mark (x) all
that apply
r
'PL
State
Corporate Name (if applicable)
"33\& '" ( I
Zip Code Phone No.
YEsD I JZ]NO
9. Was the sale/transfer financed? YES 0 / ~ NO
Conventional 0 Seller Provided 0
11. To the best of your knowledge, was personal property
included in the saleltransfer? If "Yes", please state the
amount attributable to the personal property. (Round to the nearest dollar.)
12. Amount of Documentary Stamp Tax
10.
Property Type:
Mark (x) all
that apply
If "Yes", please indicate type or types of financing:
Agreement or 0
Contract for Deed
Other 0
Residential
Commercial
Instjtutional/
Miscellaneous
Govoment [[t ACer Timer
Cents
$000000000 [Q][QJ
$OODOODOOO ~[;]
YES 0 I 0 NO
Agricultural
o 0
YES 0/ [MNO
Industrial
o
o
o
>
13. If no tax is due in number 12, is deed exempt from Documentary Stamp Tax under s. 201.02(6), Florida Statutes?
Under penalties of perJury, I declare that I have re he foregoing return a~Q~::~the facts stated In It are true If prepared by someone other
Lthan the taxpayer, hIs/her declarat!on IS based 0 aliI or allan of hIC~~~ge,
Signature of Grantor or Grantee or Agent Date l{ ...... I 7 - "" "2-...
WARNING FAIlURE TO FILE THIS RETURN OR AL~F3RM ,d:~DCB~ DEP~ ~ENUE SHALL RESULT IN A PENALTY OF $25 00 IN ADDITION TO ANY
OTHER PENALTY IMPOSED BY THE REVENUE LAW OF FLORIDA.
Clerks Date Stamp
(To be completed by the Clerk of the Circuit Court's Office)
O. R. Book
and
Page Number
and
File Number
Date Recorded
00000
0000
0000000000000
DOl DOl DODD
..__.... r.~" v~~~
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, City
TO: City Commission
DATE: April 30, 2002
SUBJECT: Resolution Declaring Equipment Surplus
May 7, 2002 City Commission Meeting Agenda Item ~
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution declaring
certain property in the Police Department as surplus to the needs of the City.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC01075-02
CITY OF A VENTURA
POLICE DEPARTMENT
TO:
DATE: April 29, 2002
SUBJECT: Surplus Property
I would like to have the below listed items, owned by the City of Aventura,
declared Surplus Property as per City of Aventura APDP, Chapter 6, Subsection
5, Page 1, as these items have become inadequate for public purposes:
Police K-9: Broq
The K-9 has been assigned to Officer Garcia since his purchase. Officer Garcia
is submitting his resignation effective 7 April 2002. The officer and K-9 have
developed a strong bond and this K-9 has a particularly strong, aggressive drive.
Due to this bond and K-9 drive it would be extremely difficult to reassign this K-9
to another handler. It is for this reason I am asking that this K-9 be declared
surplus property and given to Officer Garcia.
Motorola Radios
The list of attached Motorola radios, and related equipment, was given to the
Police Department by the Dade County State Attorney's Office and became a
part of our inventory. These radios were given to us in approximately 1997 and
used for a short time; however, they soon became obsolete. Now that the
department has its own radio system I am asking that these radios be declared
surplus and disposed of as the department deems appropriate.
Radio Equipment Inventory
Make Model Serial Disposition
Motorola MT500 NHD6031A UNUSABLE
Motorola MT500 230ALL 1439 UNUSABLE
Motorola MT500 230AMS0807 UNUSABLE
Motorola MT500 230AGA2133 UNUSABLE
Motorola MT500 230ALL1437 UNUSABLE
Motorola MT500 NLN144175A UNUSABLE
Motorola MT500 NL1444175A UNUSABLE
Motorola MT500 230ALL 1436 UNUSABLE
Motorola MT500 230AGA2131 UNUSABLE
Motorola MT500 230AMS0808 UNUSABLE
Motorola MT500 NLN4175AA UNUSABLE
Motorola MT1000 751APA0917 UNUSABLE
Motorola MT1000 751APA0911 UNUSABLE
Motorola MT1000 751APA0914 UNUSABLE
Motorola MT1000 751 APA0920 UNUSABLE
Motorola MT1000 751APA0916 UNUSABLE
Motorola CHARGER NONE UNUSABLE
Motorola CHARGER NONE UNUSABLE
Motorola CHARGER NONE UNUSABLE
Motorola CHARGER NONE UNUSABLE
Motorola CHARGER NONE UNUSABLE
Motorola CHARGER NONE UNUSABLE
Motorola CHARGER NONE UNUSABLE
Motorola CHARGER NONE UNUSABLE
Motorola CHARGER NONE UNUSABLE
Motorola CHARGER NONE UNUSABLE
Motorola CHARGER NONE UNUSABLE
Motorola CHARGER NONE UNUSABLE
Motorola CHARGER NONE UNUSABLE
Wellcraft Boat
This vessel and engine became the property of the City of Aventura via the
forfeiture process (APD case # 99-001777). Since receiving title to the vessel it
has been used by the Marine Patrol Unit for regular patrol and operations with
US Customs. Currently the vessel needs routine maintenance and some work
repairing it structure. The single engine is in need of approximately $1,500.00 of
repairs.
Well craft Boat information - Registered to the City of Aventura Police
Department, 1996 Wellcraft boat, 26'-3" length
Vessel Registration # - FL0194LE, State of FL Title # - 80167527
Vessel HIN # - FLZY5830K996
Enaine information - 1996 Johnson 225 HP, serial # FLM225968339
Police Patrol Vehicle
1997 Ford Crown Victoria, VIN #2FALP71W6VX212906. The vehicle needs
engine repairs and it was involved in a crash and needs $3,000.00 in body
repairs. The car is 5 years old.
RESOLUTION NO. 2002-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA DECLARING CERTAIN
PROPERTY LISTED UNDER THE ASSETS OF THE CITY
AS SURPLUS TO THE NEEDS OF THE CITY;
DESCRIBING THE MANNER OF DISPOSAL;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Manager desires to declare certain property as surplus to
the needs of the City; and
WHEREAS, Ordinance No. 2000-09 provides that all City-owned property that
has been declared surplus cannot be disposed of prior to the preparation and formal
approval of a resolution by the City Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Recitals Adopted. The above recitals are hereby confirmed and
adopted herein.
Section 2. The property listed on Exhibit "A" has been declared surplus and is
hereby approved for disposal.
Section 3. The City Manager is authorized to dispose of the property listed on
Exhibit "A" through a public auction, sale or trade-in.
Section 4. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 5. 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
and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Resolution No. 2001-_
Page 2
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED this 7'h day of May, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EXHIBIT "A"
Estimated
Item Value Asset #
K-9 Broq. N/A N/A
1996 Wellcraft 26' -3" Boat N/A FLOl94LE
1996 Johnson 225 HP Engine N/A FLM225968339
1997 Ford Crown Victoria
(VIN #FALP7IW6VX212906) $200.00
11 Motorola MT500 Radios N/A *
5 Motorola MTlOOO Radios N/A *
13 Motorola Chargers N/A *
*See attached Memorandum
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
Eric M. Soroka, City
id Agreement Between the City and the
TO:
City Commission
DATE:
May 1 , 2002
SUBJECT: Law Enforcement Mutu
Village of Miami Shores
May 7, 2002 City Commission Meeting Agenda Item ~ F
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
execution of the Law Enforcement Mutual Aid Agreement with the Village of Miami
Shores.
BACKGROUND
In order to improve cooperative relationships between law enforcement agencies and
provide a mechanism to share police resources in the event of emergencies or certain
demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows
agencies to enter into Police Services Mutual Aid Agreements. The various
departments use a basic Mutual Aid Agreement.
The following list comprises the circumstances and conditions under which mutual aid
may be requested:
1.
2.
The joint multijurisdictional criminal investigations.
Civil affray or disobedience, disturbances, riots,
demonstrations, controversial trials, political conventions,
and strikes.
Any natural disaster.
large protest
labor disputes
3.
4. Incidents which require rescue operations and crowd and traffic control
measures including, but not limited to, large-scale evacuations, aircraft
and shipping disasters, fires explosions, gas line leaks, radiological
incidents, train wrecks and derailments, chemical or hazardous waste
spills, and electrical power failures.
5. Terrorist activities including, but not limited to, acts of sabotage.
6. Escapes from disturbances within detention facilities.
7. Hostage and barricade subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control, back-ups
to emergency and in-process calls, pursuits, and missing person calls.
9. Enemy attack.
10. Transportation of evidence requiring security.
11. Major events, e.g., sporting events, concerts, parades fairs, festivals and
conventions.
12. Security and escort duties for dignitaries.
13. Emergency situations in which one agency cannot perform its functional
objective.
14. Incidents requiring utilization for specialized units, e.g., underwater
recovery, aircraft, canine motorcycle, bomb, crime scene, marine patrol,
and police information.
15. Joint training in areas of mutual need.
The Agreement is beneficial in our mission to protect the safety and quality of life of our
residents.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC01077-02
RESOLUTION NO. 2002-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF AVENTURA AND
MIAMI SHORES VILLAGE FOR LAW ENFORCEMENT
ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized on behalf of the City of
Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between
the City of Aventura and Miami Shores Village for law enforcement activities in substantially
the form as attached hereto.
Section 2. The City Manager is hereby authorized to do all things necessary and
expedient in order to effectuate the execution of the attached Agreement described in
Section 1 above, and to carry out the aims of this Resolution.
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
, and
upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
Resolution No. 2001-_
Page 2
PASSED AND ADOPTED this 7th day of May, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Itms
OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT
WITNESSETH
WHEREAS, THE SUBSCRIBING LAW ENFORCEMENT AGENCIES ARE SO LOCATED
IN RELATION TO EACH OTHER THAT IT IS TO THE ADVANTAGE OF EACH TO
RECEIVE AND EXTEND MUTUAL AID IN THE FORM OF LAW ENFORCEMENT
SERVICES AND RESOURCES TO ADEQUATELY RESPOND TO INTENSIVE
SITUATIONS, INCLUDING, BUT NOT LIMITED TO, NATURAL OR MANMADE
DISASTERS OR EMERGENCIES AS DEFINED UNDER SECTION 252.34, FLORIDA
STATUTES; AND,
WHEREAS, THE MIAMI SHORES POLICE DEPARTMENT AND AVENTURA POLICE
DEPARTMENT HAVE THE AUTHORITY UNDER SECTION 23.12, FLORIDA STATUTES,
et seq., THE FLORIDA MUTUAL AID ACT, TO ENTER INTO A MUTUAL AID
AGREEMENT FOR LAW ENFORCEMENT SERVICE WHICH PROVIDES FOR
RENDERING OF ASSISTANCE IN A LAW ENFORCEMENT EMERGENCY.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
SECTION I: PROVISIONS FOR OPERATIONAL ASSISTANCE
EACH OF THE AFORESAID LAW ENFORCEMENT AGENCIES HEREBY APPROVE AND
ENTER INTO THIS AGREEMENT WHEREBY EACH OF THE AGENCIES MAY REQUEST
AND RENDER LAW ENFORCEMENT ASSISTANCE TO THE OTHER TO INCLUDE, BUT
NOT NECESSARILY BE LIMITED TO:
1) PARTICIPATING IN LAW ENFORCEMENT ACTIVITIES THAT ARE
PREPLANNED AND APPROVED BY EACH RESPECTIVE AGENCY HEAD OR
HIS/HER DESIGNEE,
2) APPROPRIATELY DISPATCHED IN RESPONSE TO A REQUEST FOR
ASSISTANCE FROM THE OTHER LAW ENFORCEMENT AGENCY,
3) JOINT MULTI-JURISDICTIONAL CRIMINAL 1NVESTIGA TIONS,
4) CIVIL DISTURBANCES, DISOBEDIENCE, RIOTS, LARGE PROTEST
DEMONSTRATIONS, LABOR DISPUTES, CONTROVERSIAL TRIALS,
POLITICAL CONVENTIONS, AND STRIKES,
Page 1 of7
5) ANY NATURE DISASTER INCLUDING, BUT NOT LIMITED TO
HURRICANES, TORNADOES, FLOODING, OR WILDFIRES,
6) INCIDENTS WHICH REQUIRE RESCUE OPERATIONS, TRAFFIC CONTROL,
AND CROWD CONTROL INCLUDING, BUT NOT LIMITED TO
EVACUATIONS, AIRCRAFT DISASTERS, FIRES, EXPLOSIONS, GAS LINE
LEAKS, RADIOACTIVE EMERGENCIES, TRAIL DERAILMENTS AND
WRECKS, CHEMICAL OR HAZARDOUS WASTE SPILLS, OR WIDE SPREAD
POWER DISRUPTIONS,
7) TERRORIST ACTIVITIES INCLUDING ACTS OF SABOTAGE,
8) ESCAPES FROM OR DISTURBANCES WITHIN DETENTION FACILITIES,
9) CONTROL OF MAJOR CRIME SCENES, AREA SEARCHES, PERIMETER
CONTROL, BACKUPS TO EMERGENCY AND IN-PROGRESS CALLS,
PURSUITS AND MISSING PERSON CALLS,
10) ENEMY ATTACKS,
11) TRANSPORTATION OF EVIDENCE REQUIRING SECURITY,
12) MAJOR SPORTING EVENTS, CONCERTS, PARADES, FAIRS, FESTIVALS,
AND CONVENTIONS,
13) SECURITY AND ESCORT DUTIES FOR DIGNITARIES,
14) EMERGENCY SITUATIONS IN WHICH ONE AGENCY CANNOT PERFORM
ITS FUNCTIONAL OBJECTIVE,
15) JOINT TRAINING IN AREAS OF MUTUAL NEED,
16) AND INCIDENTS REQUIRING UTILIZATION OF SPECIALIZED UNITS (Such
as bomb disposal units, K-9 units or special weapons and tactics units).
Page 2 of7
SECTION II: PROCEDURE FOR REQUESTING ASSISTANCE
IN THE EVENT THAT A PARTY TO THIS AGREEMENT IS IN NEED OF ASSISTANCE AS
SET FORTH ABOVE, AN AUTHORIZED REPRESENTATIVE OF THE AGENCY
REQUESTING ASSISTANCE SHALL NOTIFY THE AGENCY HEAD OR HIS/HER
DESIGNEE FROM WHOM SUCH ASSISTANCE IS REQUESTED. THE AGENCY HEAD OR
AUTHORIZED AGENCY REPRESENTATIVE WHOSE ASSISTANCE IS SOUGHT SHALL
EVALUATE THE SITUATION, AND THE AGENCY'S AVAILABLE RESOURCES,
CONSULT WITH HIS/HER SUPERVISORS IF NECESSARY AND WILL RESPOND IN A
MANNER HE/SHE DEEMS APPROPRIATE.
THE AGENCY HEAD IN WHOSE JURISDICTION ASSISTANCE IS BEING RENDERED
MAY DETERMINE WHO IS AUTHORIZED TO LEND ASSISTANCE IN HIS/HER
JURISDICTION, FOR HOW LONG SUCH ASSISTANCE IS AUTHORIZED AND FOR
WHAT PURPOSE SUCH AUTHORITY IS GRANTED. THIS AUTHORITY MAY BE
GRANTED EITHER VERBALLY OR IN WRITING AS THE PARTICULAR SITUATION
DICTATES.
THE AGENCY HEAD'S DECISION IN THESE MATTERS SHALL BE FINAL.
SECTION III: COMMAND AND SUPERVISORY RESPONSIBILITY
THE PERSONNEL AND EQUIPMENT THAT ARE ASSIGNED BY THE ASSISTING
AGENCY HEAD SHALL BE UNDER THE IMMEDIATE COMMAND OF A SUPERVISING
OFFICER DESIGNATED BY THE ASSISTING AGENCY HEAD. SUCH SUPERVISING
OFFICER SHALL BE UNDER THE DIRECT SUPERVISION AND COMMAND OF THE
AGENCY HEAD OR HIS/HER DESIGNEE OF THE AGENCY REQUESTING ASSISTANCE.
CONFLICTS: WHENEVER AN OFFICER OR OTHER EMPLOYEE IS RENDERING
ASSISTANCE PURSUANT TO THIS AGREEMENT, THE OFFICER OR EMPLOYEE SHALL
ABIDE BY AND BE SUBJECT TO THE RULES AND REGULATIONS, PERSONNEL
POLICIES, GENERAL ORDERS AND STANDARD OPERATING PROCEDURES OF
HIS/HER OWN EMPLOYING AGENCY. IF ANY SUCH RULE, REGULATION,
PERSONNEL POLICY, GENERAL ORDER OR STANDARD OPERATING PROCEDURE IS
CONTRADICTED, CONTRAVENED OR OTHERWISE IN CONFLICT WITH A DIRECT
ORDER OF A SUPERIOR OFFICER OF THE REQUESTING AGENCY, THEN SUCH RULE,
REGULATION, PERSONNEL POLICY, GENERAL ORDER OR PROCEDURE SHALL
CONTROL AND SHALL SUPERCEDE THE DIRECT ORDER.
Page 3 of7
HANDLING COMPLAINTS: WHENEVER THERE IS CAUSE TO BELIEVE THAT A
COMPLAINT HAS ARISEN AS A RESULT OF A COOPERATIVE EFFORT AS IT MAY
PERTAIN TO THIS AGREEMENT, THE AGENCY HEAD OR HIS/HER DESIGNEE OF THE
REQUESTING AGENCY SHALL BE RESPONSIBLE FOR THE DOCUMENTATION OF
SAID COMPLAINT TO ASCERTAIN AT A MINIMUM:
1) THE IDENTITY OF THE COMPLAINANT.
2) AN ADDRESS WHERE THE COMPLAINING PARTY CAN BE CONTACTED.
3) THE SPECIFIC ALLEGATION.
4) THE IDENTITY OF THE EMPLOYEE (S) ACCUSED WITHOUT REGARD AS TO
AGENCY AFFILIATION.
IF IT IS DETERMINED THAT THE ACCUSED IS AN EMPLOYEE OF THE ASSISTING
AGENCY, THE ABOVE INFORMATION, WITH ALL PERTINENT DOCUMENTATION
GATHERED DURING THE RECEIPT AND PROCESSING OF THE COMPLAINT, SHALL
BE FORWARDED WITHOUT DELAY TO THE AGENCY HEAD OR HIS/HER DESIGNEE
OF THE ASSISTING AGENCY FOR ADMINISTRATIVE REVIEW. THE REQUESTING
AGENCY MAY CONDUCT A REVIEW OF THE COMPLAINT TO DETERMINE IF ANY
FACTUAL BASIS FOR THE COMPLAINT EXISTS AND/OR WHETHER ANY OF THE
EMPLOYEES OF THE REQUESTING AGENCY VIOLATED ANY OF THEIR AGENCY'S
POLICIES OR PROCEDURES.
SECTION IV: LIABILITY
EACH PARTY ENGAGING IN ANY MUTUAL COOPERATION OR ASSISTANCE,
PURSUANT TO THIS AGREEMENT, AGREES TO ASSUME RESPONSffiILITIES FOR THE
ACTS, OMISSIONS, OR CONDUCT OF SUCH PARTY'S OWN EMPLOYEES WHILE
ENGAGED IN RENDERING SUCH AID PURSUANT TO THIS AGREEMENT, SUBJECT TO
THE PROVISIONS OF SECTION 768.28, FLORIDA STATUTES, WHERE APPLICABLE.
SECTION V: POWERS, PRIVILEGES, IMMUNITIES AND COSTS
a) EMPLOYEES OF THE MIAMI SHORES POLICE DEPARTMENT AND THE
AVENTURA POLICE DEPARTMENT WHEN ACTUALLY ENGAGING IN MUTUAL
COOPERATION AND ASSISTANCE OUTSIDE THEIR JURISDICTIONAL LIMITS BUT
INSIDE THIS STATE, UNDER THE TERMS OF THIS AGREEMENT, SHALL,
PURSUANT TO THE PROVISIONS OF SECTION 23.127(1), FLORIDA STATUTES,
HAVE THE SAME POWERS, DUTIES, RIGHTS, PRIVILEGES AND IMMUNITIES AS IF
THE EMPLOYEE WAS PERFORMING DUTIES INSIDE THE EMPLOYEE'S
POLITICAL SUBDIVISION IN WHICH NORMALLY EMPLOYED.
Page 4 of7
b) EACH PARTY AGREES TO FURNISH NECESSARY PERSONNEL, EQUIPMENT,
RESOURCES AND FACILITIES AND TO RENDER SERVICES TO EACH OTHER
PARTY TO THE AGREEMENT AS SET FORTH ABOVE; PROVIDED, HOWEVER,
THAT NO PARTY SHALL BE REQUIRED TO DEPLETE UNREASONABLY ITS OWN
PERSONNEL, EQUIPMENT, RESOURCES, FACILITIES, AND SERVICES IN
FURNISHING SUCH MUTUAL AID, AS DETERMINED BY THE FURNISHING PARTY.
c) AS BETWEEN THE PARTIES HERETO, THE POLITICAL SUBDIVISION THAT
FURNISHES EQUIPMENT PURSUANT TO THIS AGREEMENT SHALL BEAR THE
COST OF LOSS OR DAMAGE TO THAT EQUIPMENT AND MUST PAY ANY
EXPENSE INCURRED IN THE OPERATION AND MAINTENANCE OF THAT
EQUIPMENT.
d) AS BETWEEN THE PARTIES HERETO, THE AGENCY FURNISHING AID PURSUANT
TO THIS AGREEMENT SHALL BE RESPONSIBLE TO COMPENSATE ITS OFFICER
(S) / EMPLOYEE (S) DURING THE TIME SUCH AID IS RENDERED AND SHALL
DEFRAY THE ACTUAL TRAVEL AND MAINTENANCE EXPENSES OF ITS
EMPLOYEES WHILE THEY ARE RENDERING SUCH AID, INCLUDING ANY
AMOUNTS PAID OR DUE FOR COMPENSATION DUE TO PERSONNEL INJURY OR
DEATH WHILE SUCH EMPLOYEES ARE ENGAGED IN RENDERING SUCH AID, TO
THE SAME DEGREE, MANNER AND EXTENT AS IF THE OFFICER(S)IEMPLOYEE(S)
WHERE ENGAGED IN THE PERFORMANCE OF DUTIES WITHIN THEIR
RESPECTIVE JURISDICTIONS.
e) THE PRIVILEGES AND IMMUNITIES FROM LIABILITY, EXEMPTION FROM LAWS,
ORDINANCES AND RULES, AND ALL PENSION, INSURANCE, RELIEF, DISABILITY,
WORKERS' COMPENSATION, SALARY, DEATH AND OTHER BENEFITS THAT
APPLY TO THE ACTIVITY OF AN EMPLOYEE OF AN AGENCY WHEN
PERFORMING THE EMPLOYEE'S DUTIES WITHIN THE TERRITORIAL LIMITS OF
THE EMPLOYEE'S AGENCY APPLY TO THE EMPLOYEE TO THE SAME DEGREE,
MANNER, AND EXTENT WHILE ENGAGED IN THE PERFORMANCE OF THE
EMPLOYEE'S DUTIES EXTRATERRITORIALLY UNDER THE PROVISIONS OF THIS
MUTUAL AID AGREEMENT. THE PROVISIONS OF THIS SECTION SHALL APPLY
WITH EQUAL EFFECT TO PAID, VOLUNTEER, AND AUXILIARY EMPLOYEES.
t) NOTHING HEREIN SHALL PREVENT THE REQUESTING AGENCY FROM
REQUESTING SUPPLEMENTAL APPROPRIATIONS FROM THE GOVERNING
AUTHORITY HAVING BUDGETING JURISDICTION TO REIMBURSE THE
ASSISTING AGENCY FOR ANY ACTUAL COSTS OR EXPENSES INCURRED BY THE
ASSISTING AGENCY PERFORMING HEREUNDER.
g) NOTHING IN THIS AGREEMENT IS INTENDED OR IS TO BE CONSTRUED AS ANY
TRANSFER OR CONTRACTING AWAY OF THE POWERS OR FUNCTIONS OF ONE
PARTY HERETO TO THE OTHER.
h) THIS AGREEMENT CREATES NO RIGHTS OR BENEFITS IN FAVOR OF ANY THIRD
PARTIES AND THERE ARE NO INTENDED THIRD PARTY BENEFICIARIES WITH
REGARD TO THE PROVISION HEREOF.
Page 5 of?
SECTION VI: LIABILITY INSURANCE
EACH PARTY SHALL PROVIDE SATISFACTORY PROOF OF LIABILITY INSURANCE
OR SELF INSURANCE BY ONE OR MORE OF THE MEANS SPECIFIED IN SECTION
768.28(15)(a), FLORIDA STATUTES, IN AN AMOUNT WHICH IS, IN THE ruDGEMENT
OF THE GOVERNING BODY OF THAT PARTY, AT LEAST ADEQUATE TO COVER THE
RISK TO WHICH THAT PARTY MAY BE EXPOSED. SHOULD INSURANCE COVERAGE,
HOWEVER PROVIDED, OF ANY PARTY BE CANCELLED OR UNDERGO MATERIAL
CHANGE, THAT PARTY SHALL NOTIFY ALL PARTIES TO TillS AGREEMENT OF
SUCH CHANGE WITHIN TEN (10) DAYS OF RECEIPT OF NOTICE OR ACTUAL
KNOWLEDGE OF SUCH CHANGE.
SECTION VII: FORFEITURE PROVISIONS
a) IN THE EVENT THAT AN AGENCY SEIZES ANY REAL PROPERTY, VESSEL,
MOTOR VEHICLE, AIRCRAFT, CURRENCY OR OTHER PROPERTY PURSUANT TO
THE FLORIDA CONTRABAND FORFEITURE ACT DURING THE PERFORMANCE OF
THIS AGREEMENT, THE AGENCY REQUESTING ASSISTANCE IN THE CASE OF
REQUESTED OPERATIONAL ASSISTANCE AND THE SEIZING AGENCY IN THE
CASE OF VOLUNTARY COOPERATION SHALL BE RESPONSffiLE FOR
MAINTAINING ANY FORFEITURE ACTION PURSUANT TO CHAPTER 932, FLORIDA
STATUTES. THE AGENCY PURSUING THE FORFEITURE ACTION SHALL HAVE
THE EXCLUSIVE RIGHT TO CONTROL AND THE RESPONSffiILITY TO MAINTAIN
THE PROPERTY IN ACCORDANCE WITH CHAPTER 932, FLORIDA STATUTES, TO
INCLUDE, BUT NOT BE LIMITED TO, THE COMPLETE DISCRETION TO BRING THE
ACTION OR DISMISS THE ACTION.
b) ALL PROCEEDS FROM FORFEITED PROPERTY SEIZED AS A RESULT OF OR IN
ACCORDANCE WITH THIS AGREEMENT SHALL BE DDnDED EQUALLY BETWEEN
THE PARTIES, LESS THE COSTS ASSOCIATED WITH THE FORFEITURE ACTION.
SECTION VIII: EFFECTIVE DATE
TillS AGREEMENT SHALL TAKE EFFECT UPON EXECUTION AND APPROVAL BY
THE HEREINAFTER NAMED OFFICIALS AND SHALL CONTINUE IN FULL FORCE AND
EFFECT UNTIL JANUARY 01.2005 . UNDER NO CIRCUMSTANCES MAY THIS
AGREEMENT BE RENEWED, AMENDED, OR EXTENDED EXCEPT IN WRITING.
Page 6 of7
SECTION IX: CANCELLATION
ANY PARTY MAY CANCEL ITS PARTICIPATION IN THIS AGREEMENT UPON THIRTY
(30) DAYS WRITTEN NOTICE TO THE OTHER PARTY OR PARTIES. CANCELLATIONS
WILL BE AT THE DISCRETION OF ANY SUBSCRIBING PARTY.
IN WITNESS WHEREOF, THE PARTIES HERETO CAUSE THESE PRESENTS TO BE
SIGNED ON THE DATE SPECIFIED.
~#
Name: _Ta'/\ 13el\b
Title: ...JJ it \o.gP fY)oilYlryr
Organization: i'fHaJY\l ~Mrf'<;
Date: 8/;;'~/O'
Name:
Title:
Organization:
Date:
ATTEST:
ATTEST:
City Clerk, Village of
Florida
City Clerk, City of Aventura,
Florida
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
City Attorney, Village 0 iami Shores,
Florida.
City Attorney, City of Aventura,
Florida.
Filing the agreement: Section 23.1225(4), Florida Statutes, requires the filing of a copy of the signed mutual aid
agreement with FDLE within 14 days after signature. Filing may be accomplished by either mailing to FDLE, P.O.
Box 1489, Tallahassee, FI 32302, Attention: Mutual Aid, or Fax to 904-488-1760
Page 7 of7
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, City
TO: City Commission
DATE: May 1, 2002
SUBJECT: Law Enforcement Mutual Aid Agreement Between the City and North
Miami Beach
May 7, 2002 City Commission Meeting Agenda Item M
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
the renewal and execution of the Law Enforcement Mutual Aid Agreement with the City
of North Miami Beach. The Agreement expires on March 30, 2006.
BACKGROUND
The City originally entered into the Mutual Aid Agreement in 1997. The subject
agreement expired on March 31,2002.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC01078-02
RESOLUTION NO. 2002-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF AVENTURA AND
THE CITY OF NORTH MIAMI BEACH FOR LAW
ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized on behalf of the City of
Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between
the City of Aventura and the City of North Miami Beach for law enforcement activities in
substantially the form as attached hereto.
Section 2. The City Manager is hereby authorized to do all things necessary and
expedient in order to effectuate the execution of the attached Agreement described in
Section 1 above, and to carry out the aims of this Resolution.
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
, and
upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
Resolution No. 2001-_
Page 2
PASSED AND ADOPTED this ih day of May, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Itms
OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT
WITNESSETH
WHEREAS, THE SUBSCRIBING LA W ENFORCEMENT AGENCIES ARE SO LOCATED IN RELATION TO
EACH OTHER THAT IT IS TO THE ADVANTAGE OF EACH TO RECEIVE AND EXTEND MUTUAL AID
IN THE FORM OF LAW ENFORCEMENT SERVICES AND RESOURCES TO ADEQUATELY RESPOND TO
INTENSIVE SITUATION, INCLUDING BUT NOT LIMITED TO NATURAL OR MAN MADE DISASTERS
OR EMERGENCIES AS DEFINED UNDER SECTION 252.34, FLORIDA STATUTES; AND,
WHEREAS, THE AVENTURA POLICE DEPARTMENT AND THE NORTH MIAMI BEACH POLICE
DEPARTMENT HAVE THE AUTHORITY UNDER SECTION 23.12, FLORIDA STATUTES, et seg., THE
FLORIDA MUTUAL AID ACT, TO ENTER INTO A MUTUAL AID AGREEMENT FOR LAW
ENFORCEMENT SERVICE WHICH PROVIDES FOR RENDERING OF ASSISTANCE IN A LAW
ENFORCEMENT EMERGENCY.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
SECTION I: PROVISIONS FOR OPERATIONAL ASSISTANCE
EACH OF THE AFORESAID LAW ENFORCEMENT AGENCIES HEREBY APPROVE AND ENTER INTO
THIS AGREEMENT WHEREBY EACH OF THE AGENCIES MAY REQUEST AND RENDER LAW
ENFORCEMENT ASSISTANCE TO THE OTHER TO INCLUDE, BUT NOT NECESSARILY BE LIMITED
TO, DEALING WITH CIVIL DISTURBANCES, LAW ENFORCEMENT EMERGENCIES, LARGE PROTEST
DEMONSTRATIONS, AIRCRAFT DISASTERS, FIRES, HURRICANES, TORNADOES OR OTHER
WEATHER- RELATED CRISES, SPORTING EVENTS, CONCERTS, PARADES, ESCAPES FROM
DETENTION FACILITIES, OFF DUTY ASSIGNMENTS, INCIDENTS REQUIRING UTILIZATION OF
SPECIALIZED UNITS AND ANY OTHER SITUATION DEAMED APPROPRIATE BY EACH OF THE
AFORESAID AGENCY HEADS.
SECTION II: PROCEDURE FOR REQUESTING ASSISTANCE
IN THE EVENT THAT A PARTY TO THIS AGREEMENT IS IN NEED OF ASSISTANCE AS SET FORTH
ABOVE, AN AUTHORIZED REPRESENTATIVE OF THE AGENCY REQUESTING ASSISTANCE SHALL
NOTIFY THE AGENCY HEAD OR HISIHER DESIGNEE FROM WHOM SUCH ASSISTANCE IS
REQUESTED. THE AGENCY HEAD OR AUTHORIZED AGENCY REPRESENTATIVE WHOSE
ASSISTANCE IS SOUGHT SHALL EVALUATE THE SITUATION AND THE AGENCY'S AVAILABLE
RESOURCES, CONSULT WITH HISIHER SUPERVISORS IF NECESSARY AND WILL RESPOND IN A
MANNER HE/SHE DEEMS APPROPRIATE.
THE AGENCY HEAD OR AUTHORIZED REPRESENTATIVE IN WHOSE JURISDICTION ASSISTANCE IS
BEING RENDERED MAY DETERMINE WHO IS AUTHORIZED TO LEND ASSISTANCE IN HlSIHER
JURISDICTION, FOR HOW LONG SUCH ASSISTANCE IS AUTHORIZED AND FOR WHAT PURPOSE
SUCH AUTHORITY IS GRANTED. THIS AUTHORITY MAY BE GRANTED EITHER VERBALLY OR IN
WRITING AS THE PARTUICULAR SITUATION DICTATES.
THE AGENCY HEAD'S DECISION IN THESE MATTERS SHALL BE FINAL. COMMUNICATIONS
INSTRUCTIONS WILL BE INCLUDED IN EACH REQUEST FOR MUTUAL AID. IN THE ABSENCE OF
SUCH INSTRUACTIONS, COMMUNICATIONS WILL BE CONDUCTED ON A MUTUALLY AGREED
UPON RADIO FREQUENCY, IF NOT THROUGH MIAMI-DADE COMMUNICATIONS BUREAU.
SECTION III: COMMAND AND SUPERVISORY RESPONSIBILITY
THE PERSONNEL AND EQUIPMENT THAT ARE ASSIGNED BY THE ASSISTING AGENCY HEAD
SHALL BE UNDER THE IMMEDIATE COMMAND OF A SUPERVISING OFFICER DESIGNATED BY THE
ASSISTING AGENCY HEAD. SUCH SUPERVISING OFFICER SHALL BE UNDER THE DIRECT
SUPERVISION AND COMMAND OF THE AGENCY HEAD OR HISIHER DESIGNEE OF THE AGENCY
REQUESTING ASSISTANCE.
CONFLICTS: WHENEVER AN OFFICER IS RENDERING ASSISTANCE PURSUANT TO THIS
AGREEMENT, THE OFFICER SHALL ABIDE BY AND BE SUBJECT TO THE RULES AND
REGULATIONS, PERSONNEL POLICIES, GENERAL ORDERS AND STANDARD OPERATING
PROCEDURES OF HIS/HER OWN EMPLOYING AGENCY. IF ANY SUCH RULE, REGULATION,
PERSONNEL POLiCY, GENERAL ORDER OR STANDARD OPERATING PROCEDURE IS
CONTRADICTED, CONTRAVENED OR OTHERWISE IN CONFLiCT WITH A DIRECT ORDER OF A
SUPERIOR OFFICER OF THE REQUESTING AGENCY, THEN SUPERVISING OFFICERS FROM EACH
AGENCY WILL TOGETHER DETERMINE THE APPROPRIATE COURSE OF ACTION AS DETERMINED
BY THE SITUATION.
HANDLING COMPLAINTS: WHENEVER THERE IS CAUSE TO BELiEVE THAT A COMPLAINT HAS
ARISEN AS A RESULT OF A COOPERATIVE EFFORT AS IT MAY PERTAIN TO THIS AGREEMENT, THE
AGENCY HEAD OR HIS/HER DESIGNEE OF THE REQUESTING AGENCY SHALL BE RESPONSIBLE
FOR THE DOCUMENTATION OF SAID COMPLAINT TO ASCERTAIN AT A MINIMUM:
I. THE IDENTITY OF THE COMPLAINANT
2. AN ADDRESS WHERE THE COMPLAINING PARTY CAN BE CONTACTED
3. THE SPECIFIC ALLEGATION
4. THE IDENTITY OF THE EMPLOYEES ACCUSED WITHOUT REGARD AS TO AGENCY
AFFILiATION.
IF IT IS DETERMINED THAT THE ACCUSED IS AN EMPLOYEE OF THE ASSISTING AGENCY, THE
ABOVE INFORMATION, WITH ALL PERTINENT DOCUMENTATION GATHERED DURING THE
RECEIPT AND PROCESSING OF THE COMPLAINT, SHALL BE FORWARDED WITHOUT DELAY TO
THE AGENCY HEAD OR HIS/HER DESIGNEE OF THE ASSISTING AGENCY FOR ADMINISTRATIVE
REVIEW. THE REQUESTING AGENCY MAY CONDUCT A REVIEW OF THE COMPLAINT TO
DETERMINE IF ANY FACTUAL BASIS FOR THE COMPLAINT EXISTS AND/OR WHETHER ANY OF THE
EMPLOYEES OF THE REQUESTING AGENCY VIOLATED ANY OF THEIR AGENCY'S POLiCIES OR
PROCEDURES.
SECTION IV: LIABILITY
EACH PARTY ENGAGING IN ANY MUTUAL COOPERATION AND ASSISTANCE, PURSUANT TO THIS
AGREEMENT, AGREES TO ASSUME RESPONSIBILiTY FOR THE ACTS, OMISSIONS, OR CONDUCT OF
SUCH PARTY'S OWN EMPLOYEES WHILE ENGAGED IN RENDERING SUCH AID PURSUANT TO THIS
AGREEMENT, SUBJECT TO THE PROVISIONS OF SECTION 768.28, FLORIDA STATUTES, WHERE
APPLiCABLE.
SECTION V: POWERS, PRIVILEGES, IMMUNITIES AND COSTS.
a. EMPLOYEES OF THE AVENTURA POLiCE DEPARTMENT AND THE NORTH MIAMI
BEACH POLiCE DEPARTMENT WHEN ACTUALLY ENGAGING IN MUTUAL
COOPERATION AND ASSISTANCE OUTSIDE THEIR JURISDICTIONAL LiMITS BUT INSIDE
THIS STATE, UNDER THE TERMS OF THIS AGREEMENT, SHALL, PURSUANT TO THE
PROVISIONS OF SECTION 23.127(1), FLORIDA STATUTES, HAVE THE SAME POWERS,
DUTIES, RIGHTS, PRIVILEGES AND IMMUNITIES AS IF THE EMPLOYEE WAS
PERFORMING DUTIES INSIDE THE EMPLOYEE'S POLiTICAL SUBDIVISION IN WHICH
NORMALLY EMPLOYED.
b. EACH PARTY AGREES TO FURNISH NECESSARY PERSONNEL, EQUIPMENT, RESOURCES
AND FACILiTIES AND TO RENDER SERVICES TO EACH OTHER PARTY TO THE
AGREEMENT AS SET FORTH ABOVE; PROVIDED, HOWEVER, THAT NO PARTY SHALL
BE REQUIRED TO DEPLETE UNREASONABLY ITS OWN PERSONNEL, EQUIPMENT,
RESOURCES, FACILiTIES AND SERVICES IN FURNISHING SUCH MUTUAL AID.
c. A POLITICAL SUBDIVISION THAT FURNISHES EQUIPMENT PURSUANT TO THIS
AGREEMENT MUST BEAR THE COST OF LOSS OR DAMAGE TO THAT EQUIPMENT AND
MUST PAY ANY EXPENSE INCURRED IN THE OPERATION AND MAINTAINANCE OF
THAT EQUIPMENT.
2
d. THE AGENCY FURNISHING AID PURSUANT TO THIS AGREEMENT SHALL COMPENSATE
ITS APPOrNTEES/EMPLOYEES DURING THE TIME SUCH AID IS RENDERED AND SHALL
DEFRAY THE ACTUAL TRAVEL AND MAINTENANCE EXPENSES OF ITS EMPLOYEES
WHILE THEY ARE RENDERING SUCH AID, INCLUDrNG ANY AMOUNTS PAID OR DUE
FOR COMPENSATION DUE TO PERSONAL IN JURY OR DEATH WHILE SUCH EMPLOYEES
ARE RENDERING AID PURSUANT TO THIS AGREEMENT.
e. THE PRIVILEGES AND IMMUNITIES FROM LIABILITY, EXEMPTION FROM LAWS,
ORDINANCES AND RULES AND ALL PENSION, INSURANCE, RELIEF, DISABILITY,
WORKERS' COMPENSATION, SALARY, DEATH AND OTHER BENEFITS THAT APPLY TO
THE ACTIVITY OF AN EMPLOYEE OF AN AGENCY WHEN PERFORMING THE
EMPLOYEES' DUTIES WITHIN THE TERRITORIAL LIMITS OF THE EMPLOYEE'S AGENCY
APPL Y TO THE EMPLOYEE TO THE SAME DEGREE, MANNER AND EXTENT WHILE
ENGAGED IN THE PERFORMANCE OF THE EMPLOYEE'S DUTIES
EXTRATERRITORIALLY UNDER THE PROVISIONS OF THIS MUTUAL AID AGREEMENT.
THE PROVISIONS OF THIS SECTION SHALL APPLY WITH EQUAL EFFECT TO PAID,
VOLUNTEER AND PART TIME EMPLOYEES.
f. NOTHING HEREIN SHALL PREVENT THE REQUESTING AGENCY FROM REQUESTING
SUPPLEMENTAL APPROPRIATIONS FROM THE GOVERNING AUTHORITY HAVING
BUDGETED JURISDICTION TO REIMBURSE THE ASSISTING AGENCY FOR ANY ACTUAL
COSTS OR EXPENSES INCURRED BY THE ASSISTING AGENCY PERFORMING
HEREUNDER.
g. NOTHING IN THIS AGREEMENT IS INTENDED OR IS TO BE CONSTRUED AS ANY
TRANSFER OR CONTRACTING AWAY OF THE POWERS OR FUNCTIONS OF ONE PARTY
HERETO TO THE OTHER.
SECTION VI: LIABILITY INSURANCE
THE CITY OF NORTH MIAMI BEACH IS SELF-INSURED PURSUANT TO CHAPTER 768, FLORIDA
STATUTES. AVENTURA SHALL PROVIDE SATISFACTORY PROOF OF LIABILITY INSURANCE BY
ONE OR MORE OF THE MEANS SPECIFIED IN SECTION 768.28(15)(.), FLORIDA STATUTES, IN AN
AMOUNT WHICH IS, IN THE JUDGEMENT OF THE GOVERNING BODY OF THAT PARTY, AT LEAST
ADEQUATE TO COVER THE RISK TO WHICH THAT PARTY MAY BE EXPOSED. SHOULD THE
INSURANCE COVERAGE, HOWEVER PROVIDED, OF ANY PARTY BE CANCELLED OR UNDERGO
MATERIAL CHANGE, THAT PARTY SHALL NOTIFY ALL PARTIES TO THIS AGREEMENT OF SUCH
CHANGE WITHIN TEN (10) DAYS OF RECEIPT OF NOTICE OR ACTUAL KNOWLEDGE OF SUCH
CHANGE.
SECTION VII: FOREFEITURE PROVISIONS
.. IN THE EVENT AN AGENCY SEIZES ANY REAL PROPERTY, VESSEL, MOTOR VEHICLE,
AIRCRAFT, CURRENCY OR OTHER PROPERTY PURSUANT TO THE FLORIDA
CONTRABAND FOREFEITURE ACT DURING THE PERFORMANCE OF THIS AGREEMENT,
THE AGENCY REQUESTING ASSISTANCE IN THE CASE OF REQUESTED OPERATIONAL
ASSISTANCE AND THE SEIZING AGENCY IN THE CASE OF VOLUNTARY COOPERATION
SHALL BE RESPONSIBLE FOR MAINTAINING ANY FOREFEITURE ACTION PURSUANT
TO CHAPTER 932, FLORIDA STATUTES. THE AGENCY PURSUING THE FOREFEITURE
ACTION SHALL HAVE THE EXCLUSIVE RIGHT TO CONTROL AND THE RESPONSIBILITY
TO MAINTAIN THE PROPERTY IN ACCORDANCE WITH CHAPTER 932, FLORIDA
STATUTES, TO INCLUDE, BUT NOT BE LIMITED TO, THE COMPLETE DISCRETION TO
BRING THE ACTION OR DISMISS THE ACTION.
b. ALL PROCEEDS FROM FORFEITED PROPERTY SEIZED AS A RESULT OF OR IN
ACCORDANCE WITH THIS AGREEMENT SHALL BE DIVIDED EQUALLY BETWEEN THE
PARTIES, LESS THE COSTS ASSOCIATED WITH THE FOREFEITURE ACTION.
1
SECTION VIII: EFFECTIVE DATE
THIS AGREEMENT SHALL TAKE EFFECT UPON EXECUTION AND APPROV AL BY THE HEREINAFTER
NAMED OFFICIALS AND SHALL CONTINUE IN FULL FORCE UNTIL MARCH 30, 2006. UNDER NO
CIRCUMSTANCES MAY THIS AGREEMENT BE RENEWED, AMENDED, OR EXTENDED EXCEPT IN
WRITING.
CANCELLATION:
ANY PARTY MAY CANCEL ITS PARTICIPATION IN THIS AGREEMENT UPON DELIVERY OF WRITTEN
NOTICE TO THE OTHER PARTY OR PARTIES. CANCELLATION WILL BE AT THE DIRECTION OF
ANY SUBSCRIBING PARTY.
IN WITNESS WHEREOF, THE PARTIES HERETO CAUSE THESE PRESENTS TO BE SIGNED ON THE
DATE SPEC
APPROVED AS TO FORM
AND CORRECTNESS ONLY/
TERMS ANS CONDITIONS
PROVIDED OTHERS
Ci orney,
North Miami Beach, FL
City Manager,
A ventura, FL
Date Executed:
ATTEST:
City Clerk,
A ventura, FL
APPROVED AS TO FORM
AND CORRECTNESS
City Attorney,
A ventura, FL
4
JOINT DECLARATION OF THE CHIEF OF
THE CITY OF NORTH MIAMI BEACH POLICE DEPARTMENT AND THE
CHIEF OF THE A VENTURA POLICE DEPARTMENT
PURSUANT TO MUTUAL AID ACT
A police officer of either of the participating law enforcement agencies shall be
considered to be operating under the provisions of the Mutual Aid Agreement when:
+ participating in law enforcement activities that are preplanned and approved by
each respective agency head; or
+ appropriately dispatched in response to a request for assistance from the other
law enforcement agency.
In compliance with and under the authority of the Mutual Aid Agreement
heretofore entered into by the City of North Miami Beach and the City of Aventura, it is
hereby declared that the following list comprises the circumstances and conditions under
which mutual aid may be requested and rendered regarding police operations pursuant to
the agreement. Said list may be amended or supplemented from time to time, as needs
dictate by subsequent declarations.
1. Joint multijurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large protest
demonstrations, controversial trails, political conventions, labor disputes
and strikes.
3. Any natural disaster.
4. Incidents which require rescue operations and crowd and traffic control
measures including, but not limited to, large-scale evacuations, aircraft
and shipping disasters, fires, explosions, gas line leaks, radiological
incidents, train wrecks and derailrnents, chemical or hazardous waste
spills and electrical failures.
5. Terrorist activity including, but not limited to, acts of sabotage.
6. Escapes from or disturbances within detention facilities.
7. Hostage and barricaded subj ect situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control, back-ups
to emergency and in-progress calls, pursuits and missing person calls.
9. Enemy attack.
10. Transportation of evidence requiring security.
II. Major events; e.g., sporting events, concerts, parades, fairs, festivals and
conventions.
12. Security and escort duties for dignitaries.
13. Emergency situations in which one agency cannot perform its functional
objective.
14. Incidents requiring utilization of specialized units e.g., underwater
recovery, aircraft, canine, motorcycle, bomb, crime scene, marine patrol
and police information.
15. Joint training in areas of mutual need.
16. Joint multijurisdictional marine interdiction operations.
CITY OF NORTH MIAMI BEACH
POLICE DEPARTMENT
\ID
William B.
Date:
ATTEST:
CITY OF A VENTURA
POLICE DEPARTMENT
City Clerk
Thomas E. Ribel, Chief
Date:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM:
DATE: April 30, 2002
SUBJECT: Proposed Community I Recreation Center Programs
May 7,2002 City Commission Meeting Agenda Item b H-
RECOMMENDATION
It is recommended that the City Commission adopt by Motion the proposed
Community/Recreation Center programs attached hereto, as adopted by the
Community Services Advisory Board.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC01073-02
l-
S
c::
Q)
o
c::
o
.- ><
.. .-
CGb
f CG
~:E
D:::C)
c::
~.-
.- e
c:: E
=e CG
l-
e C)
o e
on.
l!
:s
..
c::
Q)
~
..
E
..
t
11.
::
"
s OJ
GI .f: >.
;: .S Q) U'J fIJ
<: = ~"".21::_
~ ~Q)-gu>c((ij
_ G:i.~m..c:(URi.g.
:!Q)~~Q)o~:.eQ)(V
...::::=l1l/Vco m=OJ
<~~llji'EU:c9::;;~:e
.. OJ
_ E.f: L...
"" m.S Q)
.... (V C
E 8'.::. rn Q)
'<:a."E 0
U f/) m co
~ ~c.... 0
""_08''"'-
wf!!g.~a.2:
l:-~~a.5~
'20GJ$0,a;
:J_co'tCl)
E1!~ooc
EB'E,,!t.2
o ::J ::J co ::J 0
OOIa::W>
.. Jg
GI :i2
;:;: en C th
~ ~~ E
~ g~~~
I (I);;:co
.. ~'e'Oa:
at cu Q) ns
II) 0::';:: () ~ ~
=a..g-~nQ:
(3 c..> D.E.:! ....
I -0- 0..- 0 cu
en._ (U ~~ E
.ccuG.l..coE
:::I1;)Q)(uo:::J
U<r-<(cocnoo
~.~ ~CJ~~
<( E '" .- .S; "'" Q.
IPm~~cQ)-
.EGi~~'m:g6
u.OOOQ.Q.W
of! :5 '"
c:(:;:.Q)
Cl.!!! lJl
" ""
.- Q)-
E ~ 0
~ Q. Q)
o Q."
't:<("
iil 1:: tV
11.<(0
Sf!!",
;; g>::J fI) fIJ
tV .- 0 lJl E
u .5..c: m en
::J(Uo,(I)-Q)~
".t:;-C,).;::t>>
WGi~&~e
~'5l)cu~'::
oc.c:J::Jo
'iii E G; ~o'c
!!:: 0 ~ (tI Q) Q)
...JO.......J...J(/)
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT: Disbursement of Police Forfeiture Funds
May 7, 2002 City Commission Meeting Agenda Item ~ T
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 $17, 974 for SWAT equipment,
badges, crime scene office furniture, rifles for Honor Guard and Forfeiture Fund
legal expenses from the Police Forfeiture Fund in accordance with the City
Manager's memorandum".
BACKGROUND
As per the attached Staff Report, the Police Chief has requested approval to
appropriate Police Forfeiture Funds as follows:
1. SWAT Equipment $1,555.80
2. Badges $10,674.42
3. Crime scene office furniture $2,198.32
4. Rifles for Honor Guard $2,245
5. Forfeiture Fund legal expenses $1,300
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC01074-02
CITY OF AVENTURA
POLICE DEPARTMENT
FROM:
INTER OFFICE MEMO
TO:
DATE:
April 29, 2002
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 Council approval for the expenditure of:
SWAT equipment-
Badges -
Crime Scene furniture -
Rifles for Honor Guard -
LETF legal expenses-
$1,555.60
$10,674.42
$2,198.32
$2,245.00
$1,300.00
Total Expenditure Request:
$17,973.34
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.
SWAT & Honor Guard Equipment - The SWAT team needs equipment to
facilitate their ability to make forced entries. New rifles will be purchased for the
Honor Guard.
Badges - At the start up of the department a standard badge was selected from
a catalog for officers to wear indicating they are police officers. A new custom
badge has been designed that is unique to the City of Aventura.
Crime Scene furniture - After a year in operation in the new PD, it was
determined that the Crime Scene unit needed furniture specific to their needs for
normal office operation.
LETF Legal Fees - These are legal fees incurred by the department in the
processing of items for seizure under the Forfeiture statute.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
DATE:
TO:
SUBJECT: Resolution Relating Aventura Emergency Operations Centers
Grant Application With Department of Community Affairs
May 7,2002 City Commission Meeting Agenda Item 4. J
RECOMMENDATION
It is recommended that the City Commission approve the attached Resolution
authorizing the submission of an Emergency Management Grant with the Florida
Department of Community Affairs. The grant, in the amount of $50,000, will be used to
equip the City's EOC.
BACKGROUND
The City's application for grant funding has been approved and is waiting for finalization
of the State budget. The Florida Department of Community Affairs has requested a
Resolution committing the $150,118.80 in matching funds for the project. The matching
funds provided by the City will be in the form of space provided for the EOC as part of
the Government Center construction and in kind services provided by staff.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC01076-02
RESOLUTION NO. 2002-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO SUBMIT AN EMERGENCY MANAGEMENT
GRANT TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS FOR THE AVENTURA
EMERGENCY OPERATIONS CENTER; AUTHORIZING
THE COMMITMENT TO PROVIDE $150,118.80 IN
MATCHING FUNDS; AUTHORIZING THE CITY MANAGER
TO TAKE NECESSARY AND EXPEDIENT ACTION TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to submit an Emergency
Management Grant to the Florida Department of Community Affairs for the Aventura
Emergency Operations Center and authorizing the commitment to provide $150,118.80
in matching funds and in-kind contributions.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
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
and upon being put to a vote; the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
Resolution No. 2002-_
Page 2
PASSED AND ADOPTED this ih day of May, 2002.
JEFFREY M PERLOW , MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
RESOLUTION NO. 2002-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA STRONGLY OPPOSING
THE OPENING OF THE NE 199TH STREET RAILROAD
CROSSING; AUTHORIZING THE CITY MANAGER TO
TAKE NECESSARY AND EXPEDIENT ACTION TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Turnberry Associates has filed a petition with Miami-Dade County
Public Works Department and the State of Florida Department of Transportation
("FDOT") to open the NE 199th Street railroad crossing from Biscayne Boulevard to
West Dixie Highway to serve a planned shopping center to be located on Dixie
Highway; and
WHEREAS, Tinter Associates, Inc., on behalf of the City, conducted a traffic
engineering study of the proposed opening and concluded the following:
1. A comparison of data established in previous reports (Year 2000)
submitted by Turnberry Associates and collected by Tinter Associates Inc.
has shown that during the A.M. and P.M. peak hours, vehicular traffic has
increased 26 and 39 percent respectively. In addition, previous
reports/studies filed by Turnberry Associates did not evaluate effects of
future development on the crossing.
2. The railroad crossing as proposed will allow three additional maneuvers at
the studied intersection.
3. Although previous studies submitted by Turnberry Associates. predicted
that the intersection of US 1 and NE 199th Street will operate satisfactorily
with the railroad crossing in place, peak season data and analyses show
extended queue lengths and unacceptable levels of service on several
approaches to the intersection. Several movements are expected to
operate at LOS F, including the southbound left turn, the westbound left
turn and through maneuver and the eastbound right turns.
4. If it is determined that an additional opening is necessary on Biscayne
Boulevard, the report recommends that the William Lehman Causeway be
utilized to connect to Dixie Highway.
WHEREAS, since the closing of NE 199th Street, the Aventura Police
Department has reported a 50% reduction in traffic accidents; and
WHEREAS, the crossing would negate the engineering efforts of FDOT with the
grade separation project at Ives Dairy and Biscayne Boulevard; and
Resolution No. 2002-_
Page 2
WHEREAS, safety concerns have not been adequately addressed with regard to
vehicles waiting for a train that would have to block the intersection, with little room to
stack vehicles; and
WHEREAS, the quality of life for Aventura residents would be adversely affected
due to additional traffic and congestion in the residential neighborhoods of the City; and
WHEREAS, it would be a grave injustice to the taxpayers of the State of Florida
for FDOT to approve an opening that would negatively impact the multi-million dollar
grade separation project recently completed at Ives Dairy Road and Biscayne
Boulevard; and
WHEREAS, the City Commission does not oppose making the crossing available
for County emergency fire and rescue vehicles.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission of the City of Aventura is strongly opposed to
the opening of the NE 199th Street railroad crossing and respectfully requests Miami-
Dade County Public Works Department and FDOT to deny the petition filed by
Turnberry Associates.
Section 2. The City Manager is hereby authorized to do all things necessary and
expedient to carry out the aims of this Resolution, and is authorized to expend funds for
legal services and advertising to foster the City's position.
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
and upon being put to a vote; the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
Resolution No. 2002-_
Page 3
PASSED AND ADOPTED this ih day of May, 2002.
JEFFREY M PERLOW , MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
Eric M. Soroka, City
TO:
City Commission
DATE:
May 2, 2002
SUBJECT: Law Enforcement Mutua d Agreement Between the City and the
City of Miami Beach
May 7, 2002 City Commission Meeting Agenda Item 6L
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
execution of the Law Enforcement Mutual Aid Agreement with the City of Miami Beach.
BACKGROUND
In order to improve cooperative relationships between law enforcement agencies and
provide a mechanism to share police resources in the event of emergencies or certain
demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows
agencies to enter into Police Services Mutual Aid Agreements. The various
departments use a basic Mutual Aid Agreement.
The following list comprises the circumstances and conditions under which mutual aid
may be requested:
1. The joint multijurisdictional criminal investigations.
2. Civil affray or disobedience, disturbances, riots, large protest
demonstrations, controversial trials, political conventions, labor disputes
and strikes.
3. Any natural disaster.
4. Incidents which require rescue operations and crowd and traffic control
measures including, but not limited to, large-scale evacuations, aircraft
and shipping disasters, fires explosions, gas line leaks, radiological
incidents, train wrecks and derailments, chemical or hazardous waste
spills, and electrical power failures.
5. Terrorist activities including, but not limited to, acts of sabotage.
6. Escapes from disturbances within detention facilities.
7. Hostage and barricade subject situations, and aircraft piracy.
8. Control of major crime scenes, area searches, perimeter control, back-ups
to emergency and in-process calls, pursuits, and missing person calls.
9. Enemy attack.
10. Transportation of evidence requiring security.
11. Major events, e.g., sporting events, concerts, parades fairs, festivals and
conventions.
12. Security and escort duties for dignitaries.
13. Emergency situations in which one agency cannot perform its functional
objective.
14. Incidents requiring utilization for specialized units, e.g., underwater
recovery, aircraft, canine motorcycle, bomb, crime scene, marine patrol,
and police information.
15. Joint training in areas of mutual need.
The Agreement is beneficial in our mission to protect the safety and quality of life of our
residents.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC01079-02
RESOLUTION NO. 2002-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID
AGREEMENT BETWEEN THE CITY OF AVENTURA AND
THE CITY OF MIAMI BEACH FOR LAW ENFORCEMENT
ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized on behalf of the City of
Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between
the City of Aventura and the City of Miami Beach for law enforcement activities in
substantially the form as attached hereto.
Section 2. The City Manager is hereby authorized to do all things necessary and
expedient in order to effectuate the execution of the attached Agreement described in
Section 1 above, and to carry out the aims of this Resolution.
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
, and
upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
Resolution No. 2001-_
Page 2
PASSED AND ADOPTED this 7tn day of May, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
/tms
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
BY: Joanne Carr, Seni
FROM: Eric M. Soroka, City
DATE: April 30, 2002
SUBJECT: Amendment to Section 31-21 to amend the definition of "holef' in the City's
Land Development Regulations.
(02-LDR-02)
May 7,2002 Local Planning Agency Agenda Item
May 7,2002 City Commission Meeting Agenda Item.!1..il::..
June 4, 2002 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve the amendment to the definition of
"holef' in the City's Land Development Regulations. The ordinance reflects the City
Commission's concerns expressed at the April workshop meeting. A second ordinance to
be presented at the Commission meeting in June will address the designation of an
extended stay hotel as a conditional use.
THE REQUEST
City staff is requesting an amendment to Section 31-21 of the City's Land Development
Regulations to change the definition of "holef'.
ANALYSIS
Standards for reviewing proposed amendments to the text of the LDR:
1. The proposed amendment is legally required.
The proposed amendments improve the administration or execution of the
development process in that it clarifies language and definitions.
2. The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan.
The proposed amendments are consistent with the goals and objectives of the
Comprehensive Plan.
3. The proposed amendment is consistent with the authority and purpose of the LDR.
The proposed amendments are consistent with the authority and purpose of the Land
Development Regulations.
4. The proposed amendment furthers the orderly development of the City.
The proposed amendments further the orderly development of the City.
5. The proposed amendment improves the administration or execution of the
development process.
The proposed amendments improve the administration or execution of the
development process in that it clarifies language and definitions.
DescriptionlBackground of Proposed Amendments 1:
1. Sec. 31-21. Definitions. (see Exhibit #1)
Hotel shall mean a commercial establishment which provides temporary overnight
sleeping accommodations for the qeneral public. No more than five (5\ percent of
the individual hotel units shall be occupied for more than one hundred and eiqhtv
(180) continuous davs bv the same occupant of the unit. Principal access to all
rental rooms shall be through an inside lobby or office supervised by a person in
charge at all hours. Other tvpical hotel services must be provided includinq dailv
linen and maid service. and receipt and disbursement of kevs and mail bv the
attendant at the desk in the lobbv. for the occupants of the hotel. No hotel facilitv
shall be converted to or used as apartments or condominiums.
The proposed amendment is required to provide clarification of the definition
of hotel within the City's Land Development Regulations.
1 Underlined provisions constitute proposed additions to existing text; stricken IRre~(jR provisions indicate
proposed deletions from existing text.
LAND DEVELOPMENT REGULATIONS
~ 31-21
Home occupation shall mean a business or occupation conducted for limited business
activities in a residential district.
Hospital shall mean a medical facility which provides for both inpatient and outpatient
treatment and has overnight accommodations, wherein professional services concerning
personal health of humans are administered by medical doctors, chiropractors, osteopaths,
optometrists, dentists or any other such profession, which may lawfully be practiced in the
State of Florida.
Hotel shall mean a commercial establishment which provides ove€5leeping accommo-
dations for the public. Principal access to all rental rooms shall be t 0 inside lobby or
office supervised by a person in charge at all hours. ~
Land shall mean the earth, at or below the surface, that lies above mean high water for
water bodies.
Land use shall mean:
(1) The development that has occurred on land; or
(2) The development that is proposed on land; or
(3) A use that is permitted or permissible on the land under the Plan, or element or portion
thereof, or LDRs.
Light industrial use shall mean an industrial use for the manufacture, fabricating,
processing, converting, warehousing, distribution, wholesaling, altering and assembling of
products, repairing, packaging or treatment of goods, the nature of which is that it will not
cause or result in; dissemination of dust, smoke, noxious gas, fumes, odor, noise, vibration, or
excessive light beyond the boundaries of the lot on which the use is conducted; menace by
reason of fire, explosion, or other physical hazards; harmful discharge of waste materials
including hazardous materials; or unusual traffic hazards or congestion due to type or amount
of vehicles required by or attracted to the use.
Local planning agency (LPA) in accordance with Ordinance 96-27 of the City of Aventura,
the City Commission has been designated as the Local Planning Agency for the City pursuant
to F.S. ~ 163.3174.
Lot shall mean a designated parcel, tract, or area ofland established by plat, subdivision,
or as otherwise permitted by law, to be separately owned, used, developed, or built upon. A lot
has an assigned number, letter or other name through which it may be identified.
Lot of record shall mean either a lot or contiguous lots which exist, under single ownership
at the time of adoption of this chapter, and which are part of a subdivision, the plat of which
has been recorded in the Public Records of Miami-Dade County; or any parcel ofland not part
of a subdivision, that has been officially recorded by deed in the Public Records of Miami-Dade
County; provided that the deed for the lot or parcel was recorded prior to the effective date of
zoning in the area where the lot is located.
Supp. No.4
CD31:17
EXHIBIT #1
ORDINANCE NO. 2002-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING SECTION 31-21 OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO AMEND "THE
DEFINITION OF "HOTEL"; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura is desirous of amending the City's Land
Development Regulations to provide additional language and/or to clarify certain sections
of the Code; and
WHEREAS, the City Commission has been designated as the local planning
agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the Local Planning Agency has reviewed the application pursuant to
the required public hearing and has recommended approval to the City Commission;
and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has reviewed the action set forth in this
Ordinance and has determined that such action is consistent with the Comprehensive
Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
. Section 1. That Section 31-21 of the City's Land Development Regulations
are hereby amended so as to provide for clarification of definitions, as follows 1:
Sec. 31-21. Definitions.
Hotel shall mean a commercial establishment which provides temporary
overnight sleeping accommodations for the qeneral public. No more than five (5)
percent of the individual hotel units shall be occupied for more than one hundred
and eiqhtv (180) continuous davs bv the same occupant of the unit. Principal
access to all rental rooms shall be through an inside lobby or office supervised
by a person in charge at all hours. Other tvoical hotel services must be provided
includinq dailv linen and maid service. and receipt and disbursement of kevs and
mail bv the attendant at the desk in the lobbv. for the occupants of the hotel. No
hotel facilitv shall be converted to or used as apartments or condominiums.
1 Underlined provisions constitute proposed additions to existing text; 6triekaA thre~(Jh provisions indicate
proposed deletions from existing text.
Ordinance No. 2002 -
Page 2
Section 3. 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 4. Inclusion in the Code. 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 Aventura; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 5. 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 Jay Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
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 Jay Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
Ordinance No. 2002 -
Page 3
PASSED on first reading this ih day of May, 2002.
PASSED AND ADOPTED on second reading this 4th day of June, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this _ day of June, 2002.
CITY CLERK
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
BY: Joanne Carr, Senior
TO: City Commission
FROM: Eric M. Soroka, City
DATE: April 30, 2002
SUBJECT: Amendment to Section 31-21 to amend the definition of "building" and
amendment to Section 31-75 of the City's Land Development Regulations to
allow for additional temporary uses.
(03-LDR-02)
May 7,2002 Local Planning Agency Agenda Item
May 7,2002 City Commission Meeting Agenda Item 1 B
June 4, 2002 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission:
1. Approve the amendment to Section 31-21 of the City's Land Development Regulations
to amend the definition of "building", and,
2. Approve the amendment to Section 31-75 of the City's Land Development Regulations
to allow for additional temporary uses.
The ordinance has been revised to address the concerns of the City Commission
expressed at the April workshop meeting.
THE REQUEST
City staff is requesting an amendment to Section 31-21 of the City's Land Development
Regulations to change the definition of "building" and an amendment to Section 31-75 of
the City's Land Development Regulations to allow for additional temporary uses.
ANALYSIS
Standards for reviewing proposed amendments to the text of the LDR:
1. The proposed amendment is legally required.
The proposed amendment improves the administration or execution of the
development process in that it provides for clarification of and allows for additional
temporary uses.
2. The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan.
The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan.
3. The proposed amendment is consistent with the authority and purpose of the LOR.
The proposed amendment is consistent with the authority and purpose of the Land
Development Regulations.
4. The proposed amendment furthers the orderly development of the City.
The proposed amendment furthers the orderly development of the City.
5. The proposed amendment improves the administration or execution of the
development process.
The proposed amendment improves the administration or execution of the
development process in that it provides for clarification of and allows for additional
temporary uses.
DescriptionlBackground of Proposed Amendments 1:
1. Sec. 31-21. Definitions. (see Exhibit #1)
Building shall mean any structure, either temporary or permanent, having a roof,
and used or built for the shelter or enclosure of persons, animals, personal property
or property of any kind. This definition shall include tents, awnings or vehicles
situated on private property and serving in any way the function of a building but
shall not permit the use of temporary structures except as provided in Section 31-
75 of this chapter.
1 Underlined provisions constitute proposed additions to existing text: ~lri~l~eA tRre~~R provisions indicate
proposed deletions from existing text.
The proposed amendment is required to provide clarification of definitions
within the City's Land Development Regulations.
2. Sec. 31-75. Temporary uses. (see Exhibit #2)
(b) Review and approval...
(11) Modular trailers or portables for the purpose of temporary facilitv(ies) onlv for
public or private educational purposes for student classrooms and administrative
space. for a development proiect with final site plan approval. The temporary
facility(ies) shall be located on and limited to the propertv which is the subiect of the
final site plan approval. The maximum time limit shall be eiqhteen (18) months
from the date of final site plan approval and shall be subiect to the provisions of
subsection (d) of this section. A removal bond in the amount of $5.000 for each
structure. in a form approved bv the Citv Attornev. shall be required from the
applicant prior to issuance of a permit for the temporary facilitv(ies).
The proposed amendment is required to permit temporary modulars or
portables for public or private educational purposes for student classrooms
and administrative space on a property following final site plan approval.
The temporary facility is permitted for a maximum of eighteen (18) months
from the date of final site plan approval and a removal bond of $5,000 per
structure is required from the applicant.
1 Underlined provisions constitute proposed additions to existing text; strisksn tnreu€ln provisions indicate
proposed deletions from existing text.
Istaff reportsJ03-LOR-02 amend LOR mise rev 040702
LAND DEVELOPMENT REGULATIONS
~ 31-21
Bars, lounges and nightclubs shall mean a commercial establishment whose primary
business is the sale of alcoholic beverages for consumption on premises and where under 50
percent of gross receipts are related to food service. Bottle clubs as defined by Florida Ststutes
shall also be included.
Base flccd shall mean the flood having a one percent chance of being equaled or exceeded in
any given year.
Bottle clubs. See Bars, lounges and nightclubs.
Bufferyard shall mean an area of landscaping and open space around the perimeter of a
development parcel, or an area adjacent to a parking lot which is used to screen differing land
uses from each other. In some instances bufferyards may also be used to satisfy minimum yard
requirements.
Building shall mean any structure, either temporary or permanent, having a roof, and used
or built for the shelter or enclosure of persons, animals, personal property or property of any
kind. This definition shall include tents, awnings or vehicles situated on private property l!Jld
serving in any way the function of a building.
Building code shall mean the South Florida Building Code, Miami-Dade County edition, as
amended.
Canal shall mean a body of water having a width of 100 feet or less for linear areas in excess
of 200 feet in length and used principally for the conveyance of water.
Canopy. See Awning.
Capacity shall mean the capability of a facility to serve the needs of a user such as the
number of vehicles a road can safely and sufficiently carry.
Capital improuements shall mean the planning of, engineering for, acquisition of land or
equipment, and the construction of improvements and facilities with a useful life of at least
three years, but does not include routine maintenance.
Carport shall mean a structure intended for vehicle storage not completely enclosed by
walls.
Child or adult care center shall mean an enterprise involving the care of five or more
children and/or senior adults at one and the same time, either by day or night, which children
and/or senior adults are not foster children or related by blood or marriage to the operator.
Adult care centers shall not include those uses meeting the definition of assisted living
facilities or nursing home.
Church. See religious facility.
City Manager shall mean the chief executive officer of the City as defined by the City Code
who shall have such duties as are legally prescribed~:
Commercial recreation shall mean a business, or zoning district whose primary purpose is
recreational activities. Commercial recreation provides for major public and private commer-
Supp. No.4
CD3I:II
F)(HIRIT :1t1
LAND DEVELOPMENT REGULATIONS
~ 31-75
provided the Community Development Director finds that such new use is not more
objectionable than the enumerated uses in such district, is similar thereto and will be
compatible therewith. No use that is enumerated in any B or M District will be permitted in
a more restrictive district.
(Ord. No. 99-09, ~ I(Exh. A, ~ 504), 7-13-99)
See. 31-75. Temporary uses.
(a) Permit required. No temporary use or structure which is not otherwise treated as a
permitted use or conditional use in a particular zoning district and which is not otherwise
prohibited shall be conducted or erected without a temporary use or structure permit. This
section shall not override, and shall not substitute for, any other section of the LDR which
requires another type of permit, certificate, or approval.
(b) Review and approval. An application for temporary use shall be submitted and reviewed
in conformance with the procedures of general applicability. Notice and public hearing
requirements shall not apply to temporary use or structure permits. The payment of an
application fee, established by the City Commission, shall be included with the application for
a temporary use permit. Applications for a temporary use or structure permit shall be reviewed
and approved by the City Manager or his designee, who may impose reasonable conditions
upon the temporary use or structure permit.
The establishment of the following uses shall require a temporary use,\structure permit or
special events permit issued by the City. \
(1) Construction office trailers for a development project with final site P4m approval.
(2) Construction materials storage, processing and fabrication for a development project
with site plan approval.
(3) Construction equipment storage for a development project with site plan approval.
(4) Temporary sales offices and model homes established for the express purpose of
marketing a real estate development project with the site plan approval. The offices
and model homes shall be located on and limited to the property which is being
marketed for sales.
(5) Attended modular trailers for the purpose of collecting, storing or distributing goods on
private property. Unattended facilities are prohibited in any zoning district.
(6) Garage sales.
(7) Seasonal sales lots offering Christmas trees, pumpkins, flowers and the like; however,
no temporary permit shall be issued for sales within public rights-of-way, and
fireworks sales shall be subject to Fire Department approval.
(8) Sidewalk or parking lot sales by City licensed businesses.
(9) Non-City sponsored fireworks displays and shows.
(10) Carnivals, fairs, concerts, circuses or similar events.
Supp. No.4
CD31:35
EXHIBIT #2
~ 31-75
AVENTURA CODE
(c) Maximum tilM limit. A maximum time limit shall be established for all temporary uses
based on the minimum amount of time needed to conduct the permitted activity. Temporary
uses and structures related to real estate development projects shall not be maintained longer
than the time necessary to complete the construction of the project (issuance of the final
certificate of occupancy).
(d) Revocation of permits. Any temporary use which becomes a nuisance, violates the
conditions of the permit or is in violation of the LOR shall be revoked by the City Manager. Any
temporary use which endangers the public health or safety shall be revoked immediately by
the City Manager.
(e) 'Eumptions. No permit for temporary use or structure will be required when such use or
structure is part of a construction project by or for the City.
(f) General criteria and limitations for temporary use permits.
(1) The temporary use must be compatible with the surrounding land uses;
(2) A parking problem must not be created. If off-site parking is to be utilized, permission
must be in writing from the owner of the property utilized.
(3) An applicant may not receive a temporary use permit on the same property more than
three times within a calendar year, unless approved by the City Manager or his
designee.
(4) The temporary use must not endanger the public health or safety of the citizens or
businesses of the City of Aventura.
(Ord. No. 99-09, 9 1(Exh. A, 9 505), 7-13-99)
Sec. 31-76. Variances.
(a) Purpose and scope. The variance process is intended to provide limited relief from the
requiI:ements of the LOR in those cases where strict application of those requirements will
create"a practical difficulty or unnecessary hardship, as distinguished from a mere inconve-
nience;prohibiting the use of land in a manner otherwise allowed under the LDR. Variances
shall not be granted to allow the establishment of a use or density which is not otherwise
allowed in a zoning district or which would change the zoning district classification of any or
all of the affected property.
(b) Applkation requirelMnts. An application for a variance shall be filed by the owner of the
property upon which the variance is requested or their designated representative. The
application shall be on a form provided by the Community Development Director and shall
include an application fee as established by the City Commission.
(c) Staff review. The Community Development Department shall review the application to
evaluate whether the proposed variance complies with the general purpose and standards set
forth in this section for the granting of variances. The Community Development Director shall
Supp. No.4
CD31:36
ORDINANCE NO. 2002-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING SECTION 31-21 OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO AMEND THE
DEFINITION OF "BUILDING"; AMENDING SECTION 31-
75 OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO AMEND TEMPORARY USES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Aventura is desirous of amending the City's Land
Development Regulations to provide additional language and/or to clarify certain sections
of the Code; and
WHEREAS, the City Commission has been designated as the local planning
agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the Local Planning Agency has reviewed the application pursuant to
the required public hearing and has recommended approval to the City Commission;
and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has reviewed the action set forth in this
Ordinance and has determined that such action is consistent with the Comprehensive
Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT1:
1 Underlined provisions constitute proposed additions to existing text; strisl<sA thrG~~R provisions indicate
proposed deletions from existing text.
Ordinance No. 2002 -
Page 2
Section 1. Section 31-21 of the City's Land Development Regulations are
hereby amended so as to provide for amendment to the definition of "building", as
follows:
Sec. 31-21. Definitions...
Building shall mean any structure, either temporary or permanent, having a roof,
and used or built- for the shelter or enclosure of persons, animals, personal
property or property of any kind. This definition shall include tents, awnings or
vehicles situated on private property and serving in any way the function of a
building but shall not permit the use of temoorary structures exceot as provided
in Section 31-75 of this Chaoter.
Section 2. Section 31-75 of the City's Land Development Regulations are
hereby amended so as to provide for amendment to temporary uses, as follows 1:
Sec. 31-75. Temporary uses.
(b) Review and approval...
(11) Modular trailers or oortables for the ourpose of temoorary facilitvlies) on Iv
for oublic or orivate educational ourposes for student classrooms and
administrative soace. for a develooment oroiect with final site olan aooroval. The
temoorary facilitv(ies) shall be located on and limited to the orooertv which is the
subiect of the final site olan aooroval. The maximum time limit for use of the
temoorary facilitvlies) shall be eiqhteen (18) months from the date of final site
plan aooroval and shall be subiect to the orovisions of subsection Id) of this
section. A removal bond in the amount of $5,000 for each structure. in a form
aooroved bv the Citv Attornev, shall be required from the aoolicant orior to
issuance of a oermit for the temoorary facilitvlies) .
Section 3. 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
Ordinance No. 2002 -
Page 3
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. 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 Aventura; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 5. 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 Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
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 Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
Ordinance No. 2002 -
Page 4
PASSED on first reading this ih day of May, 2002.
PASSED AND ADOPTED on second reading this 4th day of June, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this _ day of June, 2002.
CITY CLERK
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE: April 3, 2002
TO: City Commission
FROM: Eric M. Soroka, City
SUBJECT: Ordinance Amending Section 2-61 of the City Charter to Create the
Charter School as a Department of the City
1S1 Reading May 7,2002 City Commission Meeting Agenda Item ~
2nd Reading June 4, 2002 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance creating the
Charter School as a department of the City as previously approved in the 2001/2002
Budget.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
cc01065-02
ORDINANCE NO. 2002-_
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING CHAPTER 2 ENTITLED
"ADMINISTRATION", BY AMENDING ARTICLE II
"DEPARTMENTS", SECTION 2-61 "CREATED" TO
PROVIDE FOR INCLUSION OF THE CHARTER
SCHOOL AS A DEPARTMENT OF GOVERNMENT
WITHIN THE CITY; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING
FOR EFFECTIVE DATE.
WHEREAS, Section 2-61 "Created" of Article II "Departments" of Chapter 2
"Administration" of the City Code provides for the creation of departments of
government within the City; and
WHEREAS, the City Commission wishes to amend Section 2-61 to provide for
the addition of the Charter School as a department of government within the City.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:1
Section 1. That Section 2-61 of Article II "Departments" of Chapter 2
"Administration" of the City Code of the City of Aventura is hereby amended to read as
follows:
Section 2-61. Created.
For the purpose of systematically and efficiently administering the operations
of the City of Aventura, the following departments of government within the
City are hereby established:
1 . Office of the City Manager;
2. Finance and Support Services;
3. Legal;
4. City Clerk's Office;
5. Public Safety;
6. Community Development;
7. Community Services,
8. Charter Schools
1 Strickon toxt is deleted; underlined text is added
Ordinance No. 2002-_
Page 2
Section 2. 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 3. Inclusion in the Code. It is the intention ofthe 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 Aventura; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 4. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner
moved its adoption on first reading. The motion was seconded by
and, upon being put to a vote, the vote was as follows:
, who
Commissioner
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
The foregoing Ordinance was offered by Commissioner ,
who moved its adoption on second reading. The motion was seconded by Commissioner
, and, upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
2
Ordinance No. 2002-_
Page 3
PASSED on first reading this 7th day of May, 2002.
PASSED AND ADOPTED on second reading this 4th day of June, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
3
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
BY: evelopment Dir
TO: City Commission
FROM: Eric M. Soroka, Cit~
DATE: March 19, 2002
SUBJECT: Small scale amendment to the City's Comprehensive Plan to change the
land use designation of the City's Community Recreation Facility site located
at 3375 NE 188 Street from Business and Office to Parks and Recreation.
(02-CPA-02 - Small Scale Amendment)
April 2, 2002 Local Planning Agency Agenda Item /..jC-.
April 2, 2002 City Commission Meeting Agenda Item ~ t "
May 7, 2002 City Commission Meeting Agenda Item L
RECOMMENDATIQN
It is recommended that the City Commission: 1) approve the small scale Comprehensive
Plan amendment to change the land use designation of the City's Community Recreation
Facility site located at 3375 NE 188 Street from Business and Office to Parks and
Recreation; and 2) approve the transmittal of the amendment to the Florida Department of
Community Affairs.
THE REQUEST
City staff is requesting a small scale Comprehensive Plan amendment to change the land
use designation of the City's Community Recreation Facility site located at 3375 NE 188
Street from Business and Office to Parks and Recreation.
BACKGRQUND
OWNER OF PROPERTY
City of Aventura
NAME OF APPLICANT
LOCATION OF PROPERTY
City of Aventura
3375 NE 188 Street
(See Exhibit #1 for location map and Exhibit #2
for aerial photo)
SIZE OF PROPERTY
Approximately 2.8 acres for the Huber Tract (including 0.6
acres submerged lands in the canal to the north) and
approximately 0.6 acres of submerged land that was filled
by the state to the east of Tract A.
DESCRIPTION
State regulations require that the local government's Future Land Use map depict
recreational land uses. These recreation land uses are depicted on other maps and charts
in the City's Comprehensive Plan. More specifically, the Huber Tract is depicted as a
facility on Table 3-1 of the Existing and Proposed Recreation and Open Space Areas
(Public and Private) and as a Proposed Public Park Site on Map 3-1. This amendment
proposes to make the Future Land Use map designation consistent with the proposed use
of the property.
ANALYSIS
Future Land Use Designation
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Zoning
Subject Property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Existing Land Use
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Business and Office
Medium-High Density Residential
Medium-High Density Residential
Water
Business and Office
CF, Community Facilities District
RMF4, Multi-Family High Density Residential District
OP, Office Park District
CNS, Conservation District
CF, Community Facilities District
vacant lot - proposed Community Recreation Facility
vacant and residential
vacant lot
water (Dumfoundling Bay)
presently marine industry - proposed Aventura
Elementary Charter School
Background _ The Huber Tract was originally designated Industrial and Office land use
and zoned IU-1 and IU-2 to allow for heavy industrial uses under the Miami-Dade County
Code. The City purchased this property in December 1998 for $2.4 million for public use
purposes.
After much discussion, the City Commission approved the development of a Community
Recreation Facility on the Huber Tract. The site also provides access to the waterfront
with pedestrian plazas, open space vistas and passive areas. The site is presently being
cleared with anticipated opening of the facility in December 2002.
2
Access - Access to this parcel is from NE 188 Street, a public right-of-way.
Conformity to City Comprehensive Plan - This amendment proposes to make the
Future Land Use map designation consistent with the proposed use of the property. More
specifically:
Future Land Use Element
Objective 5 - Aventura shall, by the year 2005, reduce the number of land uses
inconsistent with the uses designated on the LUP map or with the character of the
surrounding community.
The proposed amendment will provide a Parks and Recreation land use
designation that is consistent with the zoning and the proposed use of the
property.
Objective 9 - Aventura shall continue to maintain, update and enhance the municipal
code, administrative regulations and procedures, to ensure that future land use and
development is consistent with the Plan, and to promote better planned development and
communities with well designed buildings.
The proposed amendment will provide a Parks and Recreation land use
designation that is consistent with the zoning and the proposed use of the
property.
Policy 9.1 - Aventura shall continue to maintain, and enhance as necessary, regulations
consistent with the Plan which govern the use and development of land and which, as a
minimum, regulate:
1. Land use consistent with the Land Use Element and Level of Service standards;
2. Subdivision of land;
3. Areas subject to seasonal or periodic flooding;
4. Stormwater management;
5. Protection of environmentally sensitive lands;
6. Signage; and
7. On-site traffic flow and parking to ensure safety and convenience and that no
avoidable off-site traffic flow impediments are caused by development.
The proposed amendment provides for compliance with item #1 above, by
providing a Parks and Recreation land use designation that is consistent with the
. zoning and the proposed use of the property.
lata" reportolO2-CPA-02 comp p1ln SCD comm ree ree
~
....
,
'"
...
::c
'"
E-<
.,
'"
...
...
<
"C ...
(I,l u ~
., - ~
o a =
""M >
Q \I"" .~
... = ...
p.., ... p..,
"C """C
= 0 =
'" "C '"
.. = "
~ C'S :=
.- ..c
~ = ::I
.~ .S 0...
r.1~U
...
...
"
~
'"'
~
.,
...
...
"
<
...
::c
'"
"
.-
-
""
""
<
.,
...
...
"
<
-;j
.....
=
E-<
...
.~
.,
.,
'"
~
>
.-
.....
"
<
0000000
I.O~OC!l!)OO
U'i;:u1T'""ciu1~
~~g
Lri;:Lri
0000
~LOaO
","""dLri~
"
>
.in
" '"
> '" "
"(ij a...~
~ O/l <(0
(L "
.2:
o
<(
"tJ
"
c:
~ n~
'00 '(ji Q;
~~Qj
(L(L"tJ
15
z
...
~
E-<
"'O"O""C"O"O
~ggggg
c::.c.c..c:.c-E
::lEooaoo
.c.c.c.o..c
E..c:.c..c:..c:..c:
00')0)0)0)0)
U 'a; '4)"03 'Q5 'w
zzzzz
E
-
'0
'"
""
.,
'"
~
--.:
'"
c
.-
-
'"
~
..,
'"
<:>::
..,
'-
-
..t:l
"
c...
.J::
iii
(L
0)
c:
:i!
ro
~
"
'"
'u
Qi-c ~
Jj8::S :J
Q) en ~ 0
>...ro~U
'C ~ a... (ij.~
~ 3 ~~ 2
..2 ~ 0 ~~
o ro 1ii co co
~~~~1ii
c:'E..c:S5
:J QJ t ro
0>0;:,
u<(z
-
'"
.....
=
.....
..c
=
<Zl
=
.S
.....
'"
:s~
ti ~
~p::
I--
"
~ .-
,,-
.a..c
" ::l =
OIp..,
\
1t)lOOlO'l
~Mr--.~
"-Nci~
'" "'00
~ ....00
......o..-\C
N.qoM~
coolor---
N....
"
>
'in
'"
'" " "
a...::: ~
~oo
,,<(<(
>
:g
<(
~~~
zzz
.,
"
~
--.:
'"
c
'-
-
"
~
..,
'"
<:>::
.':!
"
,.
~
-
'"
.....
=
.....
..c
=
<II <Zl
$ =
U5 .2
c: '" .....
o ~ ~
~ Q) ~
0>0.. u
i3 E QJ ~
" 0 '" P::
ex: u 5 ~
~~8~
~'I:: ~ .::
'C (\] 0 r...
(L:2;(!)p..,
C\
.-<
'"
.-<
....
00
'"
'"
o
'"
.,
..
...
...
<
=
=
.-
.....
..
...
...
"
...
P::
.
,
..
,
<
c
u
€
.
0.
U
o
c
.2
"
~
u
u
'"
~
c
.
-l!
~ .
~ ..
~ >.
C
i! '
, 0
c u
u .;j
~ .
~ '1
o 'E
'" .
u :E
"
u
u
3
o
'"
-;j
.....
=
E-<
~
~
:::
u;
"
15
z
;::.
U
"
,5
>-
.a
"tJ
"
a.
o
a;
>
"
"tJ
c:
"
"
.a
Qi
>-
15
c:
"
>
'"
.J::
"S
.a
~
::l
c:
"
~
~
.g
"tJ
"
c:
c:
'"
i'i.
c:
"
"
.a
"
>
'"
.J::
<II
'"
l!!
'"
c:
o
'"
'"
"
~
u
"
~
~
.g
'0
"
c:
::l
o
U
u
'"
"
~
'"
'"
'"
"
ro
c:
.Q
iii
...
~
u
l!!
.9
:a
::l
(L .
.ff!..
$~
0_
...J '"
';<11
.~ ~
2: ::;
" 0
(J) U
-"=
o 0
a; 0)
>"tJ
" c:
...J '"
0)'"
c: '"
;: '2
~ '"
8,E
0'0
<II c:
z,'"
C3rfl
o
,,",
.J:: _
- '"
0)",
.5 Q)
c~
.- '"
E c:
]!g
" '"
"tJ "
c: l:;
:.c ~
~ .s
::l '"
Q) .:::
O)~
'" a.
~#
~g
~~
~ro
"
'"
"
.J::
I--
~
Source: City of Ayentura, 1997.
Miami-Dade County Park and Recreation Department
Planning and Research Division, August 1997
~ SCALE IN FEET
INO.TH 1 l
S . t 0 1000 2000 -4000
. I P<:\ Iyey. Harris &. Walls. Inc.
\1
o
~
.
~
<
~
-/
1
""
"",
u;
MIAMI.DADE
COUNTY
;i
r
i
TO 1-95 NORTH
Road
LEGEND
Private ReO'eationa~
. Private Sites
Public Recreational:
* Aventura Founders
Park
~ Existing Country
~ Club Drive
Walking Path
fA\ Proposed Public
V Park Site
i SR856
.
. i
Dumfoundlmg ::
Bay II
$'!
f 8
<ii .
it i
.~J.i ~
! .'
l!
~l
"
a
.
n';
.
:-,
:'~,
'~"".
,,,. #~.
;-;.,'" ,,-'"
.,. ;
,. "
<:-., ,<.:::~~:" ..'.~~:'"
.., .;t.
}~~~)1'if;.'
'/'~. '{<.~.
~
Map 3-1
..;
~
~
Public and Private
Rprrprltinn/Onpn Snrlrp
]
"
"5
a
'"
fii
"
u
o
c:
..
"
u
a
u.
:.......
~;, "
.. c:
...
',"
E:VUIDIT off..
a
N
EXHIBIT #2
ORDINANCE NO. 2002 -_
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE COMPREHENSIVE MASTER PLAN OF
THE CITY OF AVENTURA BY AMENDING THE FUTURE
LAND USE MAP DESIGNATION FOR THE CITY'S
COMMUNITY RECREATION FACILITY SITE LOCATED AT
3375 NE 188 STREET FROM BUSINESS AND OFFICE TO
PARKS AND RECREATION; PROVIDING FOR
TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY
AFFAIRS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Department of Community Affairs of the State of Florida found in
compliance the City of Aventura Comprehensive Plan (the "Plan") in February 1999; and
WHEREAS, the Future Land Use Map of the Comprehensive Plan designated the
subject property Business and Office; and
WHEREAS, City staff is requesting a small-scale Comprehensive Plan
amendment, through Application No. 02-CPA-02, to change the land use designation of
the City's Community Recreation Facility site located at 3375 NE 188 Street totaling
approximately 2.8 acres for the Huber Tract (including 0.6 acres submerged lands in
the canal to the north) and approximately 0.6 acres of submerged land that was filled by
the state to the east of Tract A, from Business and Office to Parks and Recreation; and
WHEREAS, the City Commission believes it is in the best interest of the public to
amend the future land use map designation on the subject property from Business and
Office to Parks and Recreation; and
WHEREAS, the Plan amendment will not result in impacts on any infrastructure
system that will exceed established level of service standards and is otherwise
consistent with the goals, objectives and policies of the Plan to the extent the
application is granted herein; and
Ordinance No. 2002-_
Page 2
WHEREAS, the Local Planning Agency has reviewed the application pursuant to
the required public hearing and has recommended approval to the City Commission:
and
WHEREAS, the City Commission believes the amendment will maintain the
unique aesthetic character of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Purpose. This Ordinance is intended to preserve the unique
aesthetic character of the City and ensure that adjacent land uses are compatible. It is
further intended to protect property values, create a better business climate, enhance
the physical appearance of the community and preserve the natural beauty of the City.
Section 2. Amendment of Future Land Use Map Desianation. The future
land use map designation of the City's Community Recreation Facility located at 3375
NE 188 Street (Folio Number 28-2203-047-0010) (see Exhibit "A" for property location)
is hereby changed from Business and Office to Parks and Recreation.
Section 3. Severability. 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.
Ordinance No. 2002-_
Page 3
Section 4. Inclusion in the Comorehensive Plan. 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 Comprehensive Plan of the City of Aventura and that the
Future Land Use Map of the Comprehensive Plan may be revised so as to accomplish
such intentions.
Section 5. Transmittal. The City Clerk is directed to transmit the amendment
to the State of Florida Department of Community Affairs.
Section 6. Effective Date. This Ordinance shall be effective pursuant to
Chapter 163 of the Florida Statutes.
The foregoing Ordinance was offered by Commissioner Rogers-Libert, who
moved its adoption on first reading. This motion was seconded by Commissioner
Grossman, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
absent
yes
yes
yes
yes
yes
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 Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
Ordinance No. 2002-_
Page 4
PASSED on first reading this 2nd day of April, 2002.
PASSED AND ADOPTED on second reading this ih day of May, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this _ day of
,2002.
CITY CLERK
,',I
r-::d
NE1.~'Sr -
CVUICUT "A"
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Rorida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
OV. FERBEVRE. who on oath says that she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review flk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Mjami~Dade
County, Florida; that the attached copy 01 advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA - PUBLIC HEARING 5n!2002
GAMPEL AVENTURA PROPERTIES. INC.
in the XXXX Court,
was published in said newspaper in the issues of
04/24/2002
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 she
has neither paid nor promised any person, firm or corporation
any discount, reba I commission or refund for the purpose
of securing this verti ent publication in the said
flp.wspaIiM.
(SEAL)
O.V. FERBEYRE per
4''11;' MARIA I. MESA
m.:r.: '% MYCOMMISSION'CC88S640
\, , i EXPIRES: Man:h 4, 2004
V\IldIIcmlIuHcJlalyNlltUllClerWritWa
,;' ....:...;...'.'-.~.-..,
,
.-
L ..,... ...4 Tit,.
oIPubllc~
Tueoday, May 7, 2002
8:00 p.m.
Galllpol Av""'IlIP1operties.lnc.
Th6 applicant is reQUlIIIling a vaIjance
from Section 31-17t{b) of the City's
Land Devetopment. fleau/allonslO aI- ~
IQW 85 P8!l<ing-=es __ 85 park-,
ing "- are nlqUinldlly the c~y'5 '.
code,
Applan! N....,.
-AppHcant Raquaat:
'ApplIcatIon Number:
03-VAR-lI2RSV.
LocalIonol~P......._: 18901 NIl 29 Avenue
Tract 'p., _dol Ray Revised. as
~f""'''''' .1+4; Page890f
the Pul>llc ilocoftls of Miaml-llade
. County, ,
, SlzIaolPfopalty:
Approxlmalely 1.57 acres
',~:
. p_...enllleandmaybe'_~"'rllu8i....hoursin
the Cltyol'A___ Canlar,__Counlry.Club
DrIve, A_,FIoI1da mill. ~BIllli be modilied at or before the
Public Hearing: Th6 application may c:hII\1jlduring u.. heartAg~.
.' _. ". ,~~_i"i _". '. . "
Th6 Public Hearing win be h61dat cw.vantuia._8IIlCan- ,
tar, 18100Waat Coan\Iy Club ~_ '-' 33111G. Your
convnenls may b& made In person at~ng or filed In wri1Irlgprior 10;
the heariiig date.'.Re1erto~Oftcerre.PQ ....1\iV _,mall
same to Cltyol Avantuno Gowmlllll!lll c.ntar, Communfly -...,. .
men! Q.p_~ 19200 W'" CoUIIIIY Club DriWl, A_., FIorfd.
33111G. FOt"'-rlnfOfT11lltfon. p__(aosl481l<8Mk .
In acoonIonC8 with the Amorfcans willi Disabititiea.Act 011-890. all per-
sons who are disabled and who need special accollllTlOdatklns to pertIci-
, pate in this proceeding because of that disability should contact the Office
01 the City Clerk, 4e8-8IlQt, not:lateJlhanlv.o bu8inos8deys priottosuch
'proceedings. ':1f ,.;;.l,;.i I;;'~~
.11 a person_1O ___ lOfty dec:isic!tmareby.tha City CornmIs- .
,Sionwill1 respect to any maltll<' coo_at a meeting '" hearing, that
person wiW ~ a recordof tho.proceedinga and. for sucll.pu_. may ,
: need-to ensure that a verbatim:record of the proceedings is made" wmctl
I record .ncludes the testtmony and evidence upon which the appBej is to
, bob&sed.
412~_ . ,.
TeresaM. Soroka. CMC. C~yCtori<
. ...., ~.. ._,Q2,ll,W257l4llM
,
etht :SI'iami Htral~ __
Published Dailv
MIAMI, FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority personally appeared:
FRANK TOMASINO
Who on oath that he is
ADVERTISING OFFICE MANAGER
Of the Miami Herald Publishing Company. a daily newspaper at Miami in Dade
county. Florida; that the advertisement for City Of Aventura was published in said
newspaper in the issue of: Miami Herald. local section. Friday. April 12.2002.
Mfiant further says that the said Miami Herald is a newspaper published at Miami.
in the said Dade County. Florida, and that the said newspaper has heretofore been
continuously published in said Dade. County. Florida. each day and has been
entered as second class mail matter at the post office in Miami. in said Dade
County, Florida. for a period of one year next preceding the first publication of
the attached copy of advertisement.
f~(
/~~
FRANK TOMASINO
Sworn to and subscribed before me
This 'I day of ~
L1s:t:-H~~e~
A.D. 2001
,\\UI/, I . An IT
....~y pd:,'~ llsa.. n ernandez
l. ~Commission#DD000617
;''3 ~g Expires Fob. 11, ~
~,'1(j;'i-c 0.....$ .,' . B~ded Thrn
'1IlIti\'" AuautJc ",ondIng Co~ rne.
3613 N.E. 163rd Street, North Miami Beach, FL 33162
}KNIGHTRIDDER}
CITY OF AVENTURA
NOTICE "OF AMENDMENT
TO COMPREHENSIVE
t- + PLAN
Public Notice is hereby given that the City
Commission of the City of Aventura will meet in a
public hearing on Tuesday, May 7, 2002 at 6:00
pm to consider the adoption of the following
Ordinance on second reading, entitled:
AN ORDINANCE OF THE CITY OF
AVENTURA, FLORIDA, AMENDING THE
COMPREHENSIVE MASTER PLAN OF
THE CITY OF AVENTURA BY AMENDING
THE FUTURE LAND USE MAP
DESIGNATION FOR THE CITY'S
COMMUNITY RECREATION FACILITY
SiTE LOCATED AT 3375 NE 188 STREET
FROM BUSINESS AND OFFICE TO
PARKS AND RECREATION; PROVIDING
FOR TRANSMITTAL TO THE
DEPARTMENT OF COMMUNITY AFFAIRS;
PROVIDING FOR AN EFFECTIVE DATE.
The Public Hearing will be held at City of
Aventura Government Center, 19200 West
Country Club Drive, Aventura,' Florida, 33180.
The proposed Ordinances may be inspected by
the public at the Office of the City Clerk, 19200
West Country Club Drive, Aventura, Florida.
Interested parties may appear at the Public
Hearing and be heard with respect to the
proposed Ordinances.
In accordance with the Americans with
Disabilities Act of 1990, all persons who are
disabled and who need special accommodations
to participate in this proceeding because of that
disability should contact the Office of the City
Clerk, (305) 466-8901, not later than two
business days prior to such proceedings.
If a person decides to appeal any decision made
by the City Commission, as Local Planning
Agency, or as the governing body, with respect to
any matter considered at a meeting or hearing,
that person 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.
Teresa M. Soroka, CMC, City Clerk
~he "ami mtrat~ ImBII
Published Dailv
MIAMI. FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority personally appeared:
FRANK TOMASINO
Who on oath that he is
ADVERTISING OFFICE MANAGER
-
Of the Miami Herald Publishing Company. a daily newspaper at Miami in Dade
county. Florida: that the advertisement for City Of Aventura was published in said
newspaper in the issue of: Miami Herald. local section. Friday. April 26. 2002.
Affiant further says that the said Miami Herald is a newspaper published at Miami.
in the said Dade County. Florida. and that the said newspaper has heretofore been
continuously published in said Dade. County. Florida, each day and has been
entered as second class mail matter at the post office in Miami, in said Dade
County, Florida. for a period of one year next preceding the first publication of
the attached copy of advertisement.
.1lzM7)~~
FRANK TOMASINO
Sworn to and subscribed before me
This .;?7 day of ~
~6~~/)
A.D. 2001
\\1111(/ L' An
~m~YPt!'~'" lsa n Hlll'lUIl1dez
~. ;Gommlsslon6DD0ll0l517
;~'" .,@~ Expires Fob. 11,2005
~A~OF- '0":......~ &nckd TJmI
"'IIUn\\\: Atl:mtle Bondfng an.. IDe.
3613 N.E. 163rd Srreer, North Miami Beach, FL 33162
_....__._...u..__
_........"""'=-~~~~-""''''".--_._._-'~-~..<..,.....,.~''--.'''-,-...."'''''.......,....,..,""'-"""~~-'-
~"ri"'~CI1YOF AVENTURA
NOTICE OF HEARING OF LOCAL PLANNING AGENCY
AND NOTIC~ OF AMEND~ENTOFTHE CITY'S LAND
. DEVELOPMENT REGULATIONS
Public Notice . is hereby given ..that the Aventura City
Commission, sitting as the City of Aventura Local Planning.
Agency will meet in a public hearing on Tuesday, May 7,
2002 at 6:00pm to. consider adoption of the following'
Ordinance: . .. .. '
. AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING SECtiON 31-21 OF THE
CITY'S LAND DEVELOPMENT REGULATIONS TO
AMEND THE DEFINITION .O/, "BUILDING";
AMENDING SECTioN .31-75 OF THE CITY'S.>
LAND DEVELOPMENT REGULATIONS TO.
AMEND TEMPORARY USES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN
.THE CODE; PROVIDING FOR EFFECTIVE DATE.
Immediately following the LOcal Planning Agency meeting,
the City Commission of t,heCity. of. Aventura, . cis the
governing body, will consider at a public hearing. adoption. of
the above described Ordinance. .,
I
The above described PUblic Hearings will be held
commencing at 6:00pm on Tuesday, May 7, 2002, 1!t City of
Aventura Government Center, 19200 West Coul)try ClUb
Drive, Aventura, Florida, 33180. The proposed Ordinance
may be inspected by the public at the Office of the, City
Clerk, 19200 West Country Club Drive, Aventura, Florida,
Interested parties may appear at the PUblic Hearing and be
heard with respect to ttie proposed Ordinance.
In accordance with the Americans with Disabilities .Act of
1990, all persons who are disabled and who need special
accommodations to participate in 'this proceeding because
of that disability should contact the Office of the City Clerk,
(;305) 466-8901, not later than two business days prior to
such proceedings. .
If a person decides to appeal any decision made by the City
Commission, as Local Planning Agency or as the governing
body, with respect to any matter considered at a meeting or
hearing, that person will need a record of the proceedings
and, for such purpose, may need to ensure that a verbatim'
record of the proceedings is m1!de, which. record includes
the testimony and evidence upon which the appeal is to be
based.
. Teresa M. Soroka, .CMC, City Clerk