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08-20-1996 CC Meeting AgendaCITY OF A TURA, FLO A COUNCIL AGENDA Mayor Arthur I. Snyder Vice Mayor Patricia Rogers-Libert Councilmember Arthur Berger Councilmember Jay Beskin Councilmcmber Ken Cohen Councilmember Jeffrey Perlow City Manager Eric M~ Soroka City Attorney Weiss Scrota & Helfman, P.A. City Clerk Teresa M. Smith CITY OF AVENTURA City Council Arthur I. Snyder, Mayor Patricia Rogers-Libert, Vice Mayor Arthur Berger Jay Beskin Ken Cohen Harry Holzberg Jeffrey Perlow COUNCIL MEETING AUGUST 20, 1996 - 6 P.M. AGENDA CALL TO ORDER/ROLL CALL PLEDGE OF ALLEGIANCE ZONING HEARINGS - SPECIALLY SET BY COUNCIL FOR 6 P.M. QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the folrowing items on the Council's agenda are quasi-judicial in nature. If you wish to object or comment upon these items, please indicate the item number you would like to address when the announcement regarding the quasi-judicial item is made. You must be sworn before addressing the Council, and if you wish to address the Council, you may be subject to cross- examination. If you refuse to submit to cross-examination, the Council will not consider what you have said in its final deliberations. DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS PURSUANT TO ORDrNANCE 96-02. HEARING NUMBER: APPLICANT: LOCATION: REQUEST: 96-7-ACC-1 TURNBERRY COUNTRY CLUB 19999 WEST COUNTRY CLUB DRIVE DADE COUNTY, FLORIDA. 19 ACRES (1) MODIFICATION OF A PREVIOUSLY APPROVED SITE PLAN. (2) NON-USE VARIANCE OF PARKING REQUIREMENTS TO PERMIT 800 PARKING SPACES (1085 PARKING SPACES REQUIRED). Bm HEARING NUMBER: APPLICANT: LOCATION: REQUEST: HEARING NUMBER: APPLICANT: LOCATION: REQUEST: AUGUST 20, 1996 (3) UNUSUAL USE TO PERMIT OUTDOOR DINING. (4) MODIFICATION OF THE AVENTURA CRITERIA BOOK. (5) NON-USE VARIANCE OF PARKING REGULATIONS REQUIRING PARKING SPACES TO BE LONGER AND WIDER. 96-8-ACC-1 MIAMI BEACH HEALTH CARE GROUP LTD. S.E. CORNER OF E. DIXIE HIGHWAY AND N.E. 211 STREET. 3.17 ACRES (1) ZONE CHANGE FROM MINIMUM APARTMENT HOUSE DISTRICT, INCLUDING AN UNUSUAL REQUEST FOR PERMIT PARKING IN A ZONE MORE RESTRICTIVE THAN THE USE IT SERVES. (2) REQUEST TO MODIFY THE PREVIOUSLY APPROVED PLANS FOR THIS SITE. 96-8-ACC-2 TRAFALGAR ASSOC. OF AVENTURA LTD. BETWEEN NE 30 AVENUE AND NE 34 AVENUE FROM NE 207 STREET TO NE 213 STREET. 65.2 ACRES. MODIFICATION OF PREVIOUSLY APPROVED PLAN TO ALLOW FOR INDIVIDUAL DWELLING UNITS. APPROVAL OF MINUTES: MOTION TO APPROVE MINUTES OF: REGULAR MEETING JULY 16, 1996 REGULAR MEETING AUGUST 1, 1996 2 AUGUST 20, 1996 AGENDA: REQUEST FOR DELETIONS/EMERGENCY ADDITIONS SPECIAL PRESENTATIONS: NONE. CONSENT AGENDA AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF THE CITY'S CODE ENFORCEMENT PROCESS; PROVIDING FOR DEFINITIONS; PROVIDING FOR CIVIL OFFENSES AND PENALTIES; PROVIDING FOR QUALIFICATIONS OF AND POWERS OF SPECIAL MASTERS; PROVIDING FOR THE CITY ATFORNEY TO SERVE AS COUNSEL; PROVIDING FOR AUTHORITY TO INITIATE ENFORCEMENT PROCEDURES; PROVIDING FOR ENFORCEMENT PROCEDURES; PROVIDING FOR CONTENTS AND SERVICE OF WARNINGS AND NOTICES; PROVIDING FOR RIGHTS OF VIOLATORS; PROVIDING FOR SCHEDULING AND CONDUCT OF HEARING; PROVIDING FOR CIVIL PENALTIES AND RECOVERY OF UNPAID CIVIL PENALTIES; PROVIDING FOR APPEALS OF SPECIAL MASTER'S ORDER; PROVIDING FOR SUPPLEMENTAL PROVISIONS; PROVIDING FOR ADDITIONAL ENFORCEMENT POWERS; PROVIDING FOR A SCHEDULE OF CIVIL PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPLACEMENT OF CODE ENFORCEMENT PROVISIONS PROVIDED BY METRO DADE COUNTY CODE SEC 8CC, ET. SEQ. AND PROVIDING FOR AN EFFECTIVE DATE. (First Reading) AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING THE INTERIM TERMS AND CONDITIONS FOR THE OPERATION OF CABLE TELEVISION SYSTEMS AND THE APPLICATION, PROCEDURES AND REQUIREMENTS RELATING TO THE GRANT OF FRANCHISES FOR THE CONSTRUCTION, INSTALLATION, OPERATION AND MAINTENANCE OF CABLE TELEVISION SYSTEMS, EQUIPMENT AND FACILITIES IN, ON, ACROSS, ABOVE OR THAT IN ANY MANNER WHATSOEVER USE THE CITY'S PUBLIC RIGHTS OF WAY AND TO ENSURE THAT USE OF THE CITY'S PUBLIC RIGHTS OF WAYS IS IN THE PUBLIC INTEREST AND IN CONFORMANCE WITH APPLICABLE LAW; PROVIDING FOR CONFLICTS; PROVIDING 3 Cw FOR SEVERABILITY; PROVIDING EFFECTIVE DATE. (First Reading) AUGUST 20, 1996 A SAVINGS CLAUSE AND A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, APPOINTING THE FIRM OF KEITH AND SCHNARS, P.A. TO PERFORM GENERAL PROFESSIONAL ENGINEERING SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AI-I'ACHED AGREEMENT FOR PROFESSIONAL SERVICES; AGREEING TO THE NEGOTIATED SCOPE OF SERVICES AND FEES CONTAINED IN SAID AGREEMENT; AND, PROVIDING AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, APPOINTING THE FIRM OF O'LEARY DESIGN ASSOCIATES, P.A. TO PERFORM GENERAL PROFESSIONAL LANDSCAPE ARCHITECT SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR PROFESSIONAL SERVICES; AGREEING TO THE NEGOTIATED SCOPE OF SERVICES AND FEES CONTAINED IN SAID AGREEMENT; AND, PROVIDING AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING A RANKING OF FIRMS TO PERFORM AUDITING SERVICES; AUTHORIZING THE CITY MANAGER OF THE CITY OF AVENTURA, FLORIDA, ON BEHALF OF SAID CITY, TO NEGOTIATE THE SCOPE OF SERVICES AND FEES FOR SAID SERVICES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COUNCIL OF AVENTURA, FLORIDA, AWARDING AND LE'I-FING CONTRACTS FOR THE CITY'S GROUP INSURANCE PROGRAM TO UNITED HEALTHCARE PLANS OF FLORIDA FOR POS PLAN 200 (HEALTH INSURANCE), TO EAGLES BENEFITS BY DESIGN INC. FOR IRS SECTION 125 PLAN 4 AUGUST 20, 1996 ADMINISTRATION, TO UNUM FOR LONG-TERM DISABILITY, TO STANDARD INSURANCE FOR LIFE & ACCIDENTAL DEATH AND DISMEMBERMENT; AUTHORIZING THE CITY MANAGER OF THE CITY OF AVENTURA, FLORIDA, ON BEHALF OF SAID CITY, TO EXECUTIVE ASSOCIATED CONTRACTS; REJECTING ALL BIDS FOR DENTAL COVERAGE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, REQUESTING THAT THE METROPOLITAN DADE COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZE THE TRANSFER OF TITLE TO THE PROPERTY KNOWN AS TRACT F, PARK SITE, OF THE MARINA DEL REY PLAT, AS SHOWN ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, TO THE CITY OF AVENTURA; PROVIDING AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE CITY OF AVENTURA'S LOGO AS CONTAINED IN EXHIBIT "A"; AND PROVIDING FOR AN EFFECTIVE DATE. PUBLIC HEARINGS: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE CREATION OF THE CITY OF AVENTURA PLANNING AND ZONING BOARD; PROVIDING FOR CREATION, COMPOSITION AND QUALIFICATIONS; TERM OF OFFICE; ADVISORY CAPACITY; DUTIES AND RESPONSIBILITIES; RULES OF PROCEDURE; JURISDICTION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Second Reading) AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA ADOPTING A PORTION OF THE SIGN CODE OF AVENTURA, FLORIDA 5 AUGUST 20, 1996 PROVIDING FOR THE REGULATION OF TEMPORARY POLITICAL SIGNS; PROVIDING FOR REMOVAL OF IMPROPER SIGNS; PROVIDING FOR SEVERABIMTY; PROVIDING FOR PENALTIES; PROVIDING FOR REPLACEMENT OF COUNTY TEMPORARY POLITICAL SIGN REGULATIONS; PROVIDING FOR AN EFFECTIVE DATE. (Second Reading) AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR A BUILDING MORATORIUM ON ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS UPON CLASS "C" COMMERCIAL ADVERTISING SIGNS (INCLUDING BILLBOARDS) WITHIN THE CITY LIMITS OF THE CITY OF AVENTURA; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPLACEMENT OF MORATORIA PROVISIONS OF SECTION 33-319, ET SEQ. OF THE METROPOLITAN DADE COUNTY CODE FOR THE CLASS "C" SIGN MATTERS ADDRESSED HEREIN. (Second Reading) AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF OCCUPATIONAL LICENSE TAX; PROVIDING FOR TERM OF LICENSES; PROVIDING FOR AFFIDAVIT OF APPLICANT; PROVIDING FOR LICENSE NOT TO PROTECT LICENSEE IN COURT PROCEEDINGS; PROVIDING FOR PENALTIES; PROVIDING FOR GROUNDS FOR DENIAL; PROVIDING FOR APPEAL FROM DENIAL OF LICENSE; PROVIDING REVOCATION OF LICENSE; REQUIRING DISPLAY OF LICENSE; PROVIDING FOR UNCLASSIFIED CATEGORIES; REQUIRING OCCUPATIONAL LICENSES FOR BUSINESS USES CONDUCTED FROM RESIDENTIAL HOMES; ESTABLISHING OCCUPATIONAL TAX SCHEDULE LICENSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPLACEMENT OF OCCUPATIONAL TAX PROVISIONS PROVIDED BY METRO DADE COUNTY CODE SEC 8A-224, ET. SEQ. AND AN EFFECTIVE DATE. (Second Reading) RESOLUTIONS: NONE 6 10. REPORTS: AUGUST 20, 1996 11. · MAYOR AND COUNCIL · CITY MANAGER · CITY ATTORNEY OTHER BUSINESS: Am A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, REQUESTING THAT PRIOR TO CONSIDERATION OF ANY REVENUE SHARING PLAN BY METROPOLITAN DADE COUNTY, THE METROPOLITAN DADE COUNTY COMMISSION, ACTING AS THE LOCAL GOVERNMENT FOR UNINCORPORATED DADE COUNTY (UMSA) RAISE THE UMSA MILLAGE RATE TO THE LEVEL OF THE AVERAGE MILLAGE RATE CURRENTLY BEING ASSESSED BY ITS SISTER MUNICIPALITIES, SO THE CITIZENS OF THE UNINCORPORATED "MUNICIPALITY" OF DADE COUNTY CAN ENJOY THE BENEFIT OF EQUAL DIGNITY AND SERVICE LEVELS COMPARABLE TO THE INCORPORATED AREAS. (Vice Mayor Rogers-Libert) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, OBJECTING TO ANY REVENUE SHARING PLAN PROPOSED BY METROPOLITAN DADE COUNTY THAT WOULD REALLOCATE TAX REVENUES ON A PRO-RATA BASIS; PROVIDING FOR AN EFFECTIVE DATE. (Councilmember Beskin) AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING THAT A PERSON SHALL NOT SERVE ON MORE THAN ONE CITY OF AVENTURA BOARD OR COMMITTEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. (Councilmember Cohen) 7 AUGUST 20, 1996 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AMENDING RESOLUTION NO. 96-18 WHICH DID ADOPT THE COMPREHENSIVE COUNCIL MEETING AND AGENDA PROCEDURES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Councilmember Beskin) DISCUSSION AND POSSIBLE MOTION TO TAKE ACTION RELATIVE TO TRAIN WHISTLE BAN. (Councilmember Berger) 12. PUBLIC COMMENTS 13. ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS: WEDNESDAY, SEPTEMBER 4, 1996 THURSDAY, SEPTEMBER 5, 1996 TUESDAY, SEPTEMBER 17, 1996 THURSDAY, SEPTEMBER 19, 1996 REGULAR COUNCIL MEETING 1s'r PUBLIC HEARING ON BUDGET REGULAR COUNCIL MEETING 2ND PUBLIC HEARING ON BUDGET In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeling because of that disability should contact the office of the City Manager at 466- 8910 no later than two days prior to such proceeding. Anyone wishing to appeal any decision made by the Aventura City Council 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. 8 3. TURNBERRY COUNTRY CLUB 96-7-ACCq (Applicant) Property Owner (if different from applicant) Same. Is there an option to purchase [] / lease [] the property predicated on the approval of the zoning request? Yes []No [] Disclosure of interest form attached? Yes [] No [] Previous Zoning Hearings on the Property: Year Applicant Request Board Decision 1968 Phelan Appeal of an Admin. Dec. ZAB Approved 1969 Donarl Various Z/C CC Approved 1970 Donarl' RU-4A to BU-2 CC Approved 1970 Donarl S.E. for residential use in BU zone. ZAB Approved 1971 Donarl Modify previous resolution. ZAB Approved 1972 Donarl Modify prevaous resolution, zAB Approved 1973 Donarl Modify previous resolution. ZAB Approved 1974 Donarl Modify prexaous resolution. ZAB Approved 1977 Aventura' Modify previous resolution. ZAB Approved 1987 Tumberry Country Club Modify previous resolution. ZAB Approved 1989 Turnberry Country Club Modify prevaous resolution. CC Approved Action taken today does not constitute a final development order, and one or more concurrency determinations will subsequently be required. Provisional determinations or listings of needed facilities made in association with this Initial Development Order shall not be binding with regard to future decisions to approve or deny an Intermediate or Final Development Order on any grounds. BACKGROUND INFORMATION ENFORCEMENT HISTORY Tumberry Country Club 19999 West Country Club Dr. Dade County. Florida APPLICANT ADDRESS July 16, 1996 95-660 DATE CURRENT ENFORCEMENT; NO CURRENT ENFORCEMENT ACTION. HEARING NO. THE FOLLOWING HEARING WAS DEFERRED & REVISED FROM 7/16/96 TO THIS DATE: HEARING NO. 96-7-ACC-1 (95-660) 34-51-42 APPLICANT: TURNBERRY COUNTRY CLUB (1) MODIFICATION of plans approved pursuant to Resolution 4-ZAB-253-77. passed and adopted by the Zoning Appeals Bbard on the l lth day of July, 1977 and last modified by Resolution passed and adopted by the Board of County ComnUssioners on the 13th day of/~ebman., 1989, said plan identified as follows: FROM: '"Renovations to Tumberry Isle Country Club,' as prepared by Nichols Partnership. consisting of 4 sheets and dated received 12-1348 and 'Survey,' as prepared by Manuel G.Vera and Assoc., Inc./dated received 12-13-88, consisting of 2 sheets." TO: '"Tumben3, Isle Resort & Country Club - Site Development Plan," dated received May 24, 1996, consisting of 2 sheets and a plan entitled q'umbem, Isle Resort & Country Club,' dated received Dec. 7, 1995, consisting of 6 sheets; all p~epared by Brosch-San~toval & Assoc., Inc." The purpose of this request is to perrmt the submittal of new plans showing revisions to the existing country club with an increase of 128 units in the proposed hotel. (2) NON-USE VARIANCE OF PARKING REQUIREMENTS to permit 800 parking spaces (1,085 parking spaces reequired). (3) UNUSUAL USE to permit outdoor dining. (4) MODIFICATION of a portion of Condition #2 of Resolution Z-50-69, passed and adopted by the Board of County Commissioners on the 20th day of February, 1969 and last modified by Resolution Z-5-89, passed and adopted by the Board of County ConUmssioners on the 13th day' of February, 1989 only as it applies to the subject property: FROM: ZONING REGULATIONS FOR COMMERCIAL PARCEL "S" Permitted Uses: Minimum Lot Area: Minimum Lot Frontage: Minimum Setbacks: Principal: Clubs and Hotel Accessory: BU-2 100,000 sq. lt. 200 lt. Front: Side: Rear: Interior: Adjoining RU use: 25 lt. 20 fi. Oft. Off. None CONTINUED ON PAGE TWO HEARING NO. 96-7-ACC-I (95-660) APPLICANT: TURNBERRY COUNTRY CLUB Minimum Distance bet~,een buildings: Off. Maximum Height of Buildings: 7 Stories or 92.33 fi. (Sec. 33-57 and 33-58 do not apply) Maximum Floor Area Ratio: 5to I Parking Requirements: Sec. 33-124 shall apply. TO: ZONING REGULATIONS FOR COMMERCIAL PARCEL "S" Permitted Uses: Principal: Clubs and Hotel Accessory: BU-2 Minimum Lot Area: 100,000 sq. ft. Minimum Lot Frontage: 200 ff. Minimum Setbacks: Front: 25 ft. Side: 1~0 ft. Rear: 0 ft. Interior: 0 ft. Adjoining RU use: None Minimum Distance between buildings: Oft. Maximum Height of Buildings: 11 Stories or 135' (Sec. 33-57 and 33-58 do not apply) Maximum Floor Area Ratio: 5to 1 Parking Requirements: Sec. 33-124 shall apply. 34-51-42 PAGE TWO The purpose of the above request is to perrmt the proposed hotel with a greater height and a reduced setback than allowed by the criteria book. REQUESTS //1-4 ON EXHIB1T "A". CONTINUED ON PAGE THREE HEARING NO. 96-7-ACC-1 (95-660) 34-51-42 APPLICANT: TURNBERRY COUNTRY CLUB PAGE THREE (5) NON-USE VARIANCE OF PARKING REGULATIONS requiring parking spaces to bc 8.5' wide by 18' long; to vary. same to permit certmn spaces tO be 7.5' x~de by 15' long. REQUEST #5 ON EXHIBIT "B". The aforementioned plans are on file and ma3' be examined m the Zoning Department. Plans ma3' be modified at public hearing. SUBJECT PROPERTY: EXHIBIT "A": AVENTURA, 10th ADDITION, Plat book 136, Page 92. EXHIBIT "B": A portion of Tract "E", AVENTLrRA SECOND ADDITION, Plat book 99, Page 21, being more particularly described as follows: Begin at the Southwest comer of said Tract "E"; thence along the SHy & E/ly boundary of said Tract "E" for the next two courses; thence N87°19'28"E for 266'; thence N2°40'32"W for 645.01'; thence S87°19'28"W for 266' to a point on the W/ly boundary of said Tract "E"; thence S2°40'32"E along the WHy boundary of said Tract "E" for 645.01' to the Point of beginning. LOCATIC:N: 19999 W. Country Club Drive, Aventura, Florida. SIZE OF PROPERTY: 19 Acres PRESENT ZONING: BU-2 (Business - Special) AGENDA ITEM 3 HEARING NO.: 96-7-ACC-1 HEARING DATE: 8/20/96 PH #: Z95000660 CITY OF AVENTURA ZONING SUMMARY EXISTING ZONING AND LAND USE: Subject property: BU-2; Turnberry Resort and Country Club Surrounding property: North: East: South: West: GU; golf course GU; golf course GU; golf course BU-2; parking lot Size of property: 15 Acres. SUMMARY: This application was deferred from the July 16, 1996 meeting of the Aventura City Council at the request of the applicant in order to meet with neighbors. The subject property is zoned BU-2; Special Business District and is located at 19999 West Country Club Drive. The applicant is seeking modification a portion of a condition and modification of plans previously approved at public hearing in order to expand the existing country club with an increase of 128 units in the proposed hotel and with a greater height and reduced setback. Also requested are companion non-use variances of parking to permit 126 less parking spaces than is required, to permit certain parking spaces to be smaller in size than required and an unusual use to permit outdoor dining. Staff supports this application, subject to additional conditions. The proposed modifications include a revision of approved plans to replace 70 previously proposed two-story villas with the expansion from 5 stories to 11 stories of the hotel located on the northeasterly portion of the site. Said expansion results in an increase of 128 units, 56 more units than previously approved and increases by 4 stories the maximum height of buildings permitted by the Criteria Book for development passed pursuant to Resolution Z-50-69, last modified by Resolution Z-5-89. Staff offers no objection to the requested modifications to replace the previously requested villas with the hotel expansion as the ZONING EVALUATION AGENDA ITEM 3 HEARING NO.: 96-7-ACC-1 HEARING DATE: 8/20/96 PAGE TWO style of the hotel is compatible with the two existing hotels on the site. In addition, the 11 story, 135' height of the proposed hotel is compatible with the size of hotels and condominiums in the immediate surrounding area. The I0' reduction in the side setback for the hotel will not be detrimental to the area since the hotel faces the Tumberry golf course which will not be impacted by the reduced setback. Although the Public Works Department objects to the application as it pertains to the parking variances to permit 250 fewer than permitted parking spaces, staff feels that special circumstances exist with this application that merit special consideration of this request. The uses at the country club, including the golf course are private and for the most patt are not open to the public. The overall required parking is computed based upon each individual use in the hotel and country club, however, staff has taken into consideration that the use of the facilities ot~en involves duplication of use by the same people. Also, events at the club with outside guests often occur during evening hours when the golf course is closed, thereby freeing up additional parking for these events. Further, the applicants indicate that parking will not pose any parking problems since many of the hotel guests arrive by limo, taxi or other forms of public transportation and the dining facility in the tower will not attract outside business since it is available only to members of the club. However, to minimize any impact on the surrounding area, staff recommends that in the event that these variances are approved, certain conditions shall be imposed, namely that the Certificate of Use and Occupancy for the proposed hotel be renewable annually so that the Department can monitor the parking situation., and that in the event that the Department determines that the lack of required parking becomes detrimental to the surrounding area, the site shall be required to comply with minimum parking standards. In this event, parking remedies available to the applicant include increasing the size or the or number of levels of the parking garage or providing parking within 300' of the subject property with a cross parking agreement in accordance with Section 33-128 of the Zoning Code. Stafffeels that request #3 for an unusual use to permit outdoor dining is acceptable as the site plan submitted as part of this hearing reflects an outdoor dining area which is located internally within the site and oriented towards the golf course. It will also allow patrons to enjoy the outdoors in an environment which is compatible with the design of the hotel building. Staff has no objection to approval of request #5 to permit smaller than permitted parking spaces and feels that it will not be particularly .detrimental to the area since the existing compact parking spaces are located in the lot across West Country Club Drive, which is used primarily for overflow parking. The Public Works Department also has no objection to this variance of parking regulations. Additionally, the proposed development meets the LOS standards set forth in the CDMP for potable water supply, wastewater ZONING EVALUATION AGENDA ITEM 3 HEARING NO.: 96-7-ACC-1 HEARING DATE: 8/20/96 PAGE TItREE disposal and flood protection, subject to compliance with the conditions stipulated by DERM. Overall, when considering the necessity for and reasonableness of the variance requests in relation to the present and future development of the area concerned and the compatibility of the applied for variance requests with such area and its development, staff feels that the approval of this application, subject to the additional conditions enumerated herein, will not have an unfavorable effect on the surrounding community. o RECOMMENDATION: Approval subject to additional conditions. o CONDITIONS: That the applicants obtain a Certificate of Use and Occupancy from, and promptly renew the same annually with the Department, upon compliance with all terms and conditions, the same subject to cancellation upon violation of any of the conditions. In the event that the Director determines that lack of required parking becomes detrimental to the surrounding area, the site shall be required to comply with minimum parking standards. That the outdoor patio dining use be operated solely as an accessory use to the restaurant, and if the restaurant use is terminated, the outdoor patio dining use will automatically expire. That the operating hours for the outdoor patio dining use not extend beyond those for the · restaurant. DATE INSPECTED: 5/10/96 DATE TYPED: 8/9/96 DATE REVISED: DATE FINALIZED: 8/12/96 RGV:AJT:NEH Re~naldo G. Villar, Acting Assistant Dii'ector Zoning and Permitting Division Metropolitan Dade County Department of Planning, Development and Regulation ZONING EVALUATION AGENDA ITEM 3 HEARING NO.: 96-7-ACC-1 HEARING DATE: 8/20/96 PAGE FOUR This item has been reviewed and aPproved for consistency with the standards of Ordinance #89-66, adopted on July 11, 1989, which established D ' adc Countys Concurrency Management Program. Action taken today does not constitute a final development order, and one or more concurrency determinations will subsequently be required. Provisional determinations or listings of needed facilities made in association with this Initial Development Order shall not be binding with regard to future decisions to approve or deny an Intermediate or Final Development Order on any grounds. PH: 95-660 ~-r~OPOLITAN DADE COUNTSf DEPARTMENT OF PLANNING, DEVELOPMENT AND Pd~Ui~%TION P~E~ATION ~) 'rkll~ A%g~N'i'uRA CITY CO[I~CIL APPLICANT Turnberry Country Club SECTION 34 -51'42 COmmISSION DISTRICT 4 DATE: July 16, 1996 F, AB H~J~qING ITEM NO.96-7-ACC-1 GENER/LL INFORMATION 1. Modification of 9previously approved site plan. 2. Non-Use Variance of Parking Requirements to permit spaces (1085 parking spaces required). 3. Unusual Use to permit outdoor dining. 4. Modification of the Aventura Criteria Book. PIIRPOSE 800 parking Non-Use Variance of Parking Regulations requiring parking spaces to be 8.5' wide by 18' long; to vary same to permit certain spaces to be 7.5' wide by 15' lone. To permit an additional 128 quest rooms in conjunction with an existing 272 guest room hotel for a total of 400 rooms. LOCATION EXISTING ZONING AND LAND USE 19999 West Country Club Drive SUBJECT PROPERTY BU-2, SURROUNDING PROPERTY NORTH SOUTH EAST WEST SIZE 19 acres Turriberry Country Club BU-2, TUrnb,erry Country Club BU-2, Turnberry Country Club BU-2, Turnberry Country Club · BU-2, Turnberry Country Club. COMPRE~NSILq~ D~FELOp~.~gT MAS'].'~;t~ PI~%N and/or SPECIAL S'IWJDTV. f; The Adopted 2000 and 2010 ~nd Use Plan designates for parks and recreation. the subject property RECO~I~DATiON APPROVAL WITH ONE CONDITION Turnberry Country Club SECTION 34-51-42 Z~ HF~ARING IT~4 NO. 96-7-ACC-1 COMMISSION DIS%~RICT 4 -2- PH: 95-66C. July 16, 1996 CONDITIONS That the applicants submit to the Planning Division for its review and approval ~ landscaping plan which indicates the type and size of plant material prior to the issuance of a building permit and to be installed prior to issuance of any certificate of occupancy. ANALYSIS The subject application would permit an increase of 128 additional hotel rooms in conjunction with the existing hotel located within the 19-acre Turnberry Country Club. This is an all inclusive hotel resort which has multiple amenities such as a tennis club, golf course, country club. restaurant, pool and the like. The site is zoned commercial (BU-2) and is designated for Parks and Recreation on the 2000 and 2010 Land U~e P!~n map. The request is consistent with Dade County's Master Plan. The additional t28 rooms will bring the total nu~foer of rooms provided on this site for hotel use to 400. The proposed hotel will be 10-stories in height and will be located on the west side of the property, adjacent to the existing club and to the ~ennis courts. There is a 26-story condominium tower located to the north, with a golf course and a proposer 26-story condominium to the south. The hotel will be located interior to the property. The additional units triggers a parking variange of 200-plus parking spaces. There are currently 800 parking spaces which conform to the original parking requirements. The current off-street parking requirements are more stringent and do not ailow for compact parking spaces (7.5' wide by 15' deep), iRequest #5 of this application would permit the continued use of the aforementioned compact parking spaces. Staff recommends approval of the required parking variance. Although this variance might appear somewhat excessive, the variance is off-set by the use of the site. One who visits this resort will stay at the hotel, utilize the gqlf course and tennis complex and eat at the restaurant, all of which parking is calculated on an individual use basis. As a result, you have one party (car) utilizing four uses. The applicant intends on abating the west parking lot located on the west side. of West Country Club Drive and construct a 3-level parking garage on the east lot. Nevertheless, there.is currently sufficient on-site parking to accommodate this use. The requested unusual use to permit outdoor dining should likewise be approved. This ubiquitous request is commonly requested in conjunction with restaurants throughout Dade County, especially when associated with resorts of this nature. Accordingly, the Planning Division recommends approval of this application. GEO:EES DA~ ~ED:6/14/96 DATE REVISED:7/8/96 Guillerm~ E. Olmedillo, Director DeP~nr~mTe~u~af t iPol nanning ] Devel6pment MEMORANDUM Reknald0 Villar DATE: Assistant Director Department of Planning, SUBJECT: Development and Regulation FROM: Alyce M. Robertson ~,~--~ Assistant Director · Environmental Resources Management 20-MAR-1996 ZAB #Z95000660 TURNBERRY COU1TTRY CLUB 19999 W. COUN~'~Y CLUB DR Mod. of Resolution to increase the proposed hotel (BU-2) (15 Ac) 34-51-42 DERM has reviewed the subject application and has determined that it meets the minimum requirements of Chapter 24 of the Code of Metropolitan Dade County, Florida. Accordingly, the application may be scheduled for public hearing. DERM has also evaluated the request insofar as the general environmental impact that may derive from it and based upon the available information offers no objection to its approval. POTABLE WATER SUPPLY & WASTEWATER DISPOSAL Public water and public sanitary sewers can be made available to this property. Therefore, DERM will require connection to the public water supply and public sanitary sewer systems. Existing public water and sewer facilities and services meet the Level of Service (LOS) standards set forth in the Comprehensive Development Master Plan (CDMP). Furthermore, the proposed development order, if approved,.will not result in a ·reduction in the LOS standards subject to compliance with the conditions rec/uiredby DERM for this· proposed development order. Notwithstanding the foregoing, in light of the fact that the County's sanitary sewer system has limited sewer collection/transmission and treatment capacity, no new sewer service connections can be permitted until adequate capacity becomes available. Consequently, final development orders for this site-may not be granted unless adequate capacity in the sanitary sewer collection/transmission and treatment system is available at the point in time when the project will be contributing Sewage to the system or if approval for alternative means of sewage disposal can be obtained. Use of an alternative means of sewage disposal shall be an interim measure, with connection to the public sanitary sewer system required upon availability of adequate collection/transmission and treatment capacity. WATER MANAGEMENT Ail stormwater runoff must' be retained on-site utilizing properly designed ?eepage or infiltration drainage structures. Oil and grease separators~ shall be required on all drainage inlet structures. If the project has greater than 40% impervious area, it will be required that the first half inch of runoff be treated before excess runoff is discharged into the aquifer. A//y proposed development shall comply With County a~d'Federal flood criteria requirements. The pr. oposed development order, if approved, will not result in a reduction in the Level of Service standards for flood protection set forth in the,Comprehensive Development Master Plan subject to compliance with the conditions required by DEPJ-t for. this proposed development order. TREE PRESERVATION Section 24-60 of the Code requires the preservation of tree resources. A Dade County tree removal permit is required prior to the removal or relocation of any trees. The applicant is advised to contact DERM staff for permitting procedures and requir~:ants prior to development of site and landscaping plans. SOLID WASTE ' The subject site does not appear to be within the boundaries of any known former disposal site. However, this general area has been in the past subject to unauthorized landfill. Accordingly, The development of this property will require conditional approval from the Hazardous Waste Section, Solid Waste Disposal Program of DEk~ at the time of building permit. Said conditional approval permit ~ill provide that the developer shall cease construction activities and immediately notify DERM upon encountering areas of former solid waste disposal. COASTAL A Class I permit for work in tidal waters will be required for any proposed work on, over or upon tidal waters including but not li~ed to seawalls, mangrove trimming or removals, etc. Furthermore, the following comments are also offered as they contain Code requirements which are applicable to certain land uses perm/tzed in the underlying zoning classification. FUEL STORAGE FACILITIES Section 24-12.2 of the Code outlines regulations for'all .proposed and existing underground storage facilities. The regulations provide design, permitting, installation, modification, repair, replacen~_nt and continuing operation requirements and criteria. In addition, monitoring devices, inventory control practices and pressure testing of fuel storage tanks is required. The Storage Tank Section of DERM should be contacted for permitting requirements in this regard if any fuel storage facilities are. proposed. HAZARDOUS MATERIALS MANAGEMENT Due to the nature of uses allowed in the existing zoning classification, the applicant may be required to obtain DERM approval for management practices to control the potential discharge ~nd spillage of pollutants associated with some land uses. The Hazardous Facilities Section of DER/~ should be contacted for further information on required management practices for certain land uses permitted under the existing zoning classification. OPERATING PERMITS -- Section 24 -35.1 of the Code permits for facilities that authorizes DERM to require operating could be a source of pollution, lhe applicant should be advised that the requested use of the subject property may require an operating permit from.DERM. It is ther~fcre Suggested that the applicant contact DERM concer~ning operating pelf ~requirements. CONCURRENCY REVIEW SUMMARY The Department has conducted a concurrency review for this · application and has determined that the same meets all applicable Levels of Service standards for an initial develoDment order, as specified in the adopted Comprehensive Development Master Plan for' potable water supply, wastewater disposal and flood protection. Therefore, the application has been approved for concurrency subject to the cor~nents and conditions contained herein. This concurrenc~, approval does not constitute a final concurrency statement and is valid only for this initial development order as provided for in the adopted methodology for concurrency review. Additionally,~ this approval does not constitute any assurance that the LOS standards . would be met by any subsequent development order applications concerning the subject property. In 'summary, the application meets the minimum requirements of .Chapter 24 of the Code and therefore, it may be scheduled for public hearing; furthermore, this memorandum Shall constitute DERM's written consent to that effect as required by the Code. Additionally, DERM has also evaluated the aDDlication so as to determine its general environmental impact and after reviewing the available information offers no objections to the approval of the request. cc: A1 Torres, Zoning Evaluation -'PDR Skip Scofield, Zoning Review - PDR PUBLIC WOI~KS DEPARTMENT COMMENTS PE~ 95-660 Rev. Aventura City Counci! Applicant's Name: Turnberry Country Club This Depal-~ment objects to the parking variance to reduce the s,,~er of parking stalls to 800, 1085 required. Denial of parking variance to permit parking spaces to be 7.5' wide and 15' long. Standard parking stalls are B 1/2 feet by 18 feet. Ramp slopes to parking garage' maF not exdeed 15%. This application does meet the traffic concurrency criteria for an Initial Develomment Order. It will generate 97 PM daily peakhour vehicle trips. The traffic distribution of these trips to the adjacent zDadways reveal that the addition of these new trips does not exceed the acceptable level of service of the following roadways: Existing Traffic NE 192nd St. e/o Biscayne Blvd. has a maximum capacity of LOS 'E# of 3110 vehicles during the P.M. Peak Hour. It h~ a Current Peak Hour Period (PHP) of 1649 vehicles and 1315 vehicles have been assigned to this section of road from previously approved Development Orders. NE 192nd St. with its 2964 PHP and assigned vehicles is at LOS "B#. The 85 vehicles generated by this development when combined with the 2964 ec-_ua!s 3049 and LOS #B# where the range of "B' is 2211 to 3060 vehicles. Collins Ave. n/oLe~an C~. has a maximum capacity of LOS 'E' of 3190 vehicles during the P.M. Peak Hour. It has a Current Peak Hour Period (PHP) of 2638 vehicles and 174 vehicles have been assigned to this section of road fro~ previously approved Development Orders. Collins Ave. with its 2812 PHP and assigned vehicles is at LOS #E".. The 2 vehicles generated by this development when combined with the 2612 e~uals 2814 and LOS #E# where the range of LOS #E# is 1631 to 3190 'vehicles. - Collins Ave. n/o i72 St. has a maximum capacity of LOS 'E# of 6420 vehicles during the P.M. Peak Hour. It has a CUrrent Peak Hour Period (PI{P) of 3433 vehicles and 175 vehicles have been assigned to this section of road from previously approved Development Orders. Collins Ave. with its 3608 PHP and assigned vehicles is at LOS ~B". The 10 vehicles generated by this development when combined with the 3606 e~a!s 3618 and LOS #B" where the range of LOS #B" is 1101 to 6340 vehicles. ' This application meets traffic concurrency criteria. The request herein, constitutes an Initial Development Order only, and one or more traffic concurrency determinations will subsequently be required before developmenn will be permitted. There are 5 locations in Commissioner District #4 that are operating at 90% of capacity or greater. Three locations as following: Biscayne Blvd. s/oNE 192 st., NE 186 St., e/o West Dixie Hwy., and NE 192 St. e/o Biscayne Blvd. are operating at 91.2%, 117.1%, and 100.5% respectively. Russell C. Kell~ - JUN 0 Date If the property which is the subject of the application is owned or leased by a CORPORATION, list the principal stockholders and the percentaae of stock owned by each. [Note: where the principal o~ficers or s~ockholders consist of another corporation(s), trustee(s), partnership(s) or other similar entities, further disclosure shall be required which discloses the identity Of the individual(s) (natural persons) having the ultimate ownership interest in the aforementioned entity]. CORPORATION NAME NAME. ADDRESS. AND OFFICE Percemtace_of Stock If the property which is the subject of the application is owned or leased by a TRUSTEE, list the beneficiaries of the trust and the percentage of interest' held by each. [Note: where, the beneficiary/beneficiaries' consist of corporation(s), another trust(s), partnership(s) or other similar entities, fu~her disclosure shall be required whlch discloses the identity of the ~ndividual(s) (natural persons) having th= ultimate ownership Interest in the aforementioned entity]. TRUST NAME N~E AND'ADDRESS ~ercentace of Intere~ Page 2 If the property which is the subject of the application is owned or leas( by a PARTNERSHIP or LIMITED PARTNERSHIP, list the principals of partnership, including general and 1/mired par=nets. [Note: where partner(s) consist of another par~nerEhip(s), corporation(s) trust(s) other similar entities, further disclosure shall be required whit discloses the identity of the individual(s} (natural persons) havinc ultima~e ownership interest in the aforementioned entity].- - Turnberry Country Club, a G~neral Par(n~rship PARTNERSHIP OR LIMITED PARTNERSHIP NAHE NAME AND ADDRESg Percentage of Owner~hi~ (see attached) (see attached) If there is a CONTRACT FOR P~RCHASE, whether contingen~ on this applicatic or not, and whether a Corporation, T~-ustee, or Partnership, list th names of the contract purchasers below, including the principal officers stockholders, beneficiaries, or partners. [Note: where the principa officers, stockholders, beneficiaries, or partners consist of anoth~ corporation, trust, partnership, or other similar entities, furth~ disclosure shall be required which discloses the identity of th individual(s)' (natural persons) having the ultimate ownership interest i the aforementioned entity]. NA~E N~_~.E, ADDRES$,~ND OFFICE (if applicable) Perc~ntace of Inter~_sr Date of con=tact..:.. Page.3 If any Contingency clause or contract terms involve additional parle list all individuals or officers, if a corporation, partnership, or For any changes of ownership or changes in contra6ts for purcha subsequent to the date of the application, but prio~ to the date of fir public hearing, a supplemental disclosure of interest shall be filed. The above is a full disclosure of all parties of interest in ut application to the best of my knowledge and belief. Signature: (Applicant') ¢.4 Jen~r~fe V Notary Punlic, State of F1p~ida at Large - (SEAL) * Disclosure shall not be required of a~y entity, the' eq,~ity interests which are regularly traded on an established securities market in United States or other country; or of any entity, the ownerhip interests c which are held in a limited partnership consisting of more than 5,0£ separate interests and where, no one ,person or entity holds moro TumOerr"y ISle Resor~ & OwnersllID 50% Rafaat Resor{ investors L.P., a Ftorida UmJted Partnership I"TurnDerry Isle Resort &.Out~ -~ Turnberry Country Club, a General Partnership Macro Capits'~orporation, i a Rorida Corp. or~ion I I Resort Investors Limited a British Virgin Istands Corporation ...... 25% General Partner ~ Macro Turnt3erry Corporstion, !... a Delaware Company . ~u / I 12.1044% Limited Panner ~ ------ BIB HotdJngs (USA) II, Inc., --~ /6/¢1 I a Deiaware Company 27.8188% limited Pmt'~er Macro Tumberry Corporation,. a Oe.laware Company l ! o.o76s% Urn*ed ---I Resor~ Investors Limited -.r.. I ¢ British' Virgin islands Corporation 10 Sto*'let 128 IAdtt PRQ~OS~ '~ .. BUILDING ~ [ RU--4A I AVE~.t.U~'~' 13LVD- [RACT IR E BU--2 TR R F TRACT U OU TR U LEGEND METROPOLITAN DADE COUNTY CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMEORANDUM TO: FROM: BY: City Council Eric M. Soroka, City Man~ Jaye M. Epstein, AICP, Direc-t-GYof Community Development DATE: August 16, 1996 SUBJECT: Petition of Miami Beach Health Care Group Limited for a rezoning of 3.17 acres from RU-3M to RU-5A, modification of plans, and an unusual use relative to parking. August 20, 1996 City Council Meeting Agenda Item Description/Background The applicant seeks: (1) to rezone a portion of the total 3.17 acre parcel from RU-3M Minimum Apartment House District, to RU-5A, Semi-Professional Office District; (2) a modification of plans pursuant to Resolution Z-70-95; and (3) an unusual use request to permit parking in a zone more restrictive (RU-5A) than the use it serves is located (BU- I and BU-1A). The impetus behind the applicant's request is the redesign and relocation of the previously approved 10,000 sq. ft. medical office building and the addition of off-street parking for Aventura Hospital employees. Analysis and recommendations for the three requests in this petition are as follows: (1) RU-3M to RU-SA Analysis The subject property is located on the southeast corner of E. Dixie Highway and NE 211 Street. The entire block is presently zoned RU-5A, except for the four small lots on the south end, which are zoned RU-3A. In addition, there are two small parcels located on the east side of NE 27th Court which are zoned RU-3A, consistent with the rest of the block, but which need a zoning classification of RU-5A in order for the additional parking lots to be built. Page 2 96-155 Evaluation A rezoning must satisfy two criteria - consistency with the Comprehensive Plan and compatibility with the existing surrounding land uses. This petition satisfies both of these criteria. Furthermore, the rezoning would permit the expansion of the Aventura Hospital and thus would have a positive impact on the community. For a more detailed explanation and analysis, please refer to the attached Dade County Staff Report. The City staff supports the approval of the zoning classification change from RU-5A to RU- 3A. Condition That a Unity of Title agreement, suitable for recording, be submitted to and meet with the approval of the City; said agreement to be to the effect that the property shall be developed and maintained under only one ownership. (2) Modification of Plans Analysis The purpose of the request is to modify the plans showing the relocation of the previously approved office building and new parking layout. The approved plans pursuant to Resolution Z-70-95, passed and adopted by the Board of County Commissioners May 4, 1995, provided for a two-story medical office complex. The modified plans provide for a 10,000 sq. ft. medical office complex, plus additional off- street parking for Aventura Hospital. Evaluation The City staff supports the approval of the modification of plans. Condition The applicants shall submit a landscaping plan to the City, for its review and approval, which indicates the type and size of plant material prior to the issuance of a building permit and to be installed prior to issuance of and certificate of occupancy. The applicants shall submit the site plan to the City, for its review and approval. (3) Unusual Use Analysis An Unusual Use variance is requested to permit parking in a zone more restrictive (RU- SA) than the use it serves, being the Aventura Hospital (BU-1 & BU-1A). Two of the subject parcels, located on the east side of NE 27 Court, are not currently maintained and are being used as a dumping ground. This variance would allow these two parcels page 3 96-155 and approximately one-half of the above mentioned block to the east to be used for ancillary parking for Aventura Hospital. Evaluation The City staff supports the approval of the unusual use variance in that the planned off- street parking lot would be an improvement to the existing conditions on the subject property. In addition, staff finds that the request for additional parking is warranted based upon the current inadequate parking conditions. Recommendation It is recommended that the City Council approve these requests with the conditions as stated above. 1. MIAMI BEACH HEALTHCARE GROUP LTD. (Applicant) 96-8-ACC-1 Property Owner (if different from applicant) Same. Is there an option to purchase [] / lease [] the property predicated on the approval of the zoning request? Yes []No [] Disclosure of interest form attached? Yes [] No [] Previous Zoning Hearings on the Property: Year Applicant Request Board Decision 1982 E. Nathan & Ruth Johnson NUV for lot frontage & area require. ZAB Approved 1995 Annie Sanders, Ira Wemer, et al RU-3M to RU-5A; NUV for lot CC W.D height & coverage, height require., open space parking var. bal. require., zoning regs. & parking require, approved. Action taken today does not constitute a final development order, and one or more concurrency determinations will subsequently be required. Provisional determinations or listings of needed facilities made in association with this Initial Development Order shall not be binding with regard to future decisions to approve or deny an Intermediate or Final 'Development Order on any grounds. Miami Beach Healthcare Oroup LTD -~ APPLICANT Dixie Highway and N.E. 211 Street, Dade Cotmty Florida ADDI~ESS AugUst 20, 1996 DATE 96-155 HEARING NO. C F T Y No Enforcement History HEARING NO. 96-8-ACC-1 (96-155) APPLICANT: MIAMI BEACH HEALTHCARE GROUP LTD. (1) RU-3M to RU-SA 34-51-42 REQUEST #1 ON THE FOLLOWING: Lots 19 through 22, inclusive, Block K, HALLANDALE PARK NO. 6, Plat book 17, Page 56; AND: Lots 31 through 34, 39 & 40, reclusive, Block L, HALLANDALE PARK NO. 6, Plat bock 17, Page 56. MODIFICATION of plans approved pursuant to Resolution Z-70-95, passed and adopted by the Board of County Comm~sioners on the 4th day of May, 1995, reading as follows: FROM: "Plans are on file and may be examined in the Zoning Department entitled 'Office Complex Adventura - Miami, Florida,' as prepared by Robert G. Ishman, P.A., Architect, consisting of four sheets, dated revised 2-8-95 on Sheets 1 & 3, and revised 11-30-94 on Sheets 2 & 4. Plans may be modified at public hearing." TO: "That in the approval of the plans, the same be substantially in accordance with that submitted for the heating entitled 'Aventura Hospital Offsite Parking Lot Preliminary Plan,' as prepared by Williams, Hatfield & Stoner, Inc., dated 4-22-96, 'Conceptual Landscape Plan," as prepared by Santiago & Assoc., consisting of two sheets, dated 4-19-96 and 'Boundary_ Survey.' as prepared by Jose H. Cascudo updated January 13, 1996." (2) The purpose of the request is to modify the plans showing the relocation of the previously approved office building and new parking layout. (3) UNUSUAL USE to permit parking in a zone more restrictive (RU-5A) than the use it serves is located (BU-1 & BU-1A). The aforementioned plans are on file and may be examined in the Zoning Department. Plans may be modified at public heating. SUBJECT PROPERTY: Lots 1 through 40, inclusive, Block K, of AMENDED PLAT HALLANDALE PARK NO. 6, Plat book 17, Page 56 and Lots 31 through 34 and Lots 39 & 40, inclusive, Block L, AMENDED PLAT HALLANDALE PARK NO. 6, Plat book 17, Page 56. LOCATION: The Southeast comer ofE Dix/e Highway & N.E 211 Street, Dade County, Florida. SIZE OF PROPERTY: 3.174- Acres RU-3M (Minimum Apartment House 12.9 units/net acre) RU-SA (serm-professional Offices) AGENDA ITEM NO.: 1 HEARING NO.: 96-8-ACC-1 HEARING DATE: 8/20/96 PH #: Z96000155 CITY OF AVENTURA ZONIN MC~S_U_~__~ARXM RY 0 EXISTING ZONING AND LAND USE: Subject property_: RU-5A, RU-3M; vacant North: RU-3M; single family residence and vacant East: RU-3M; medical offices and parking South: RU-3M; offices and duplex West: BU-1, BU-1A; railroad right of way Size of property: 3.17 acres. ANALYSIS: The application seeks to rezone a portion of the total 3.17 acre parcel from RU-3M, Minimum Apartment House District, to RU-5A, Semi-Professional Office District. An unusual use request to permit parking in a zone more restrictive (RU-5A) than the use it serves is located (BU-1 and BU-1A), and a modification of plans pursuant to Resolution Z-70-95, accompany this application. The applicant has indicated that the aforementioned requests would permit the relocation of a previously approved medical office building and would allow additional off-street parking to serve the Aventura Hospital. The subject property is located on the southeast comer of E. Dixie Highway and N.E. 211 Street, and is zoned RU-5A and RU-3M. The 2000-2010 Comprehensive Development Master Plan (CDMP) designates the subject property for Low-Medium Density residential use (up to 13 dwelling units per gross acre) on the Land Use Plan (LUP) map. The CDMP states that office uses may be approved along the frontage of major roadways in residential community areas where residences have become less desirable due to inadequate setbacks from roadway traffic and noise, or due to a mixture of nonresidential uses or activities in the vicinity. In addition, the text further states that office uses may be approved on such sites when and if the use or zoning district would not have an unfavorable effect on the surrounding area. ZONING EVALUATION AGENDA ITEM NO.: 1 HEARING NO.: 96-8-ACC-1 HEARING DATE: 8/20/96 PAGE TWO Staff recommends approval of the proposed district boundary change to RU-5A. Although said rezoning would not conform to the CDMP, said Plan shall not be construed to preempt considerations of fundamental fairness that may arise from a strict application of same. Staff notes that the area is characterized with RU-5A uses, and the location of the property adjacent to the Aventura Hospital is more appropriate for same. Staff supports the unusual use request to permit parking in a zone more restrictive (RU-5A) than the use it serves is located (BU-1 and BU-1A) for the entire subject property. Staff notes that similar requests have been granted in the immediate area, and the approval of same would permit the applicant to provide additional parking spaces for the hospital complex. The modification of plans is recommended for approval since it would permit the redesign and relocation of the previously approved medical office building and would provide additional off-street parking for the Aventura Hospital. Noting that all conditions of Resolution Z-70-95, will remain in fUll force and effect, except as modified herein, staff recommends the approval of this application in its entirety. o RECOMMENDATION: Approval of RU-5A zoning (request #1); and approval with one condition of the balance of this application. o CONDITION: That a Unity of Title agreement, suitable for recording, be submitted to and meet with the approval of the Director; said agreement to be to the effect that the property shall be developed and maintained under one ownership only. ZONING EVALUATION AGENDA ITEM NO.: 1 HEARING NO.: 96-8-ACC-1 HEARING DATE: 8/20/96 PAGE THREE DATE INSPECTED: 7/30/96 DATE TYPED: 7/31/96 DATE REVISED: 8/12/96 DATE FINALIZED: 8/12/96 RGV:AJT:MTF Rei aldo G Villar, Acting Assistant~'Director Zoning and Permitting Division Metropolitan Dade County Department of Planning, Development and Regulation This item has been reviewed and approved for consistency with the standards of Ordinance #89-66, adopted on July 11, 1989, which established Dade County's Concurrency Management Program. Action taken today does not constitute a final development order, and one or more concurrency determinations will subsequently be required. Provisional determinations or listings of needed facilities made in association with this Initial Development Order shall not be binding with regard to future decisions to approve or deny an Intermediate or Final Development Order on any grounds. PH:96-155 METROPOLITAN DADE COUNTY DEPARTMENT OF PLANNING, DEVELOPMENT AND REGULATION P. ECO~ENDATION TO 'ri-n~ AVE~'i~3F~A CITY COUNCIL APPLICANT Miami Beach Healthcare Group Ltd. SECTION 34-51-42 CO~ISSION DISTRICT 4 DATE: August 20, 1996 ACC HEARING I~ NO.96-8-ACC-1 GENERAL INFORMATION REQUEST 1. 2. 3. PURPOSE LOCATION SE corner of E. Dixie Highway & NE 211 Street EXISTING ZONING AND LAND USE RU-3M to RU-5A Modification of previously approved plans. Unusual Use to permit parking in a zone more restrictive RU-5A than the use it serves is located in BU-1 & BU-1A. District boundary change & site plan approval. SIZE 3.17~ acres SUBJECT PROPERTY RU-3M & RU-5A, vacant SURROUNDING PROPERTY NORTH SOUTH EAST WEST RU-3M, residence & vacant RU-5A & RU-2, office building & duplexes RU-3M, office building & vacant RU-5A & GU, E. Dixie Hwy. & railroad Miami Beach Healthcare Group Ltd. SEC'lION 34-51-42 ACC ~I/~G I~ NO. 96-8-ACC-1 CO~ISSION DISTRICT 4 -2- PH: 96-155 August 20, 1996 COMPRR~NSIVE DEV~ELOP~T MASER PLAN and/or SPECIAL STUDTE.q The Adopted 2000 and 2010 Land Use Plan designates the subject property as being within the Urban Development Boundary for low-medium density residential, up to 13 dwelling u/~its per gross acre. The requested RU-SA zoning district is inconsistent with the Master Plan. (Lots 19 throuqh 22, inclusive, Block K only} The CDMP shall not be construed to preempt considerations of fundamental fairness that may arise from a strict application of the Plan (Statement of Legislative Intent, pages 3 and 4). Some existing commercial (i.e., business or office) uses and commercial zoning districts are not specifically depicted on the LUP map. This is due largely to graphic limitations, the scale of the LUP map and the specific provisions for commercial uses to occur in certain other LUP map categories. In general, 5 acres is the smallest site depicted on the LUP map, and smaller existing sites are not shown. All such existing lawful uses and zoning districts are deemed to be consistent with this Plan unless such a use or zoning district: a) is found through a subsequent planning study, as provided in Land Use Policy SD, to be inconsistent with the criteria set forth below; and b) the implementation of such a finding will not result in a temporary or permanent taking or in the abrogation of vested rights as determined by the Code of Metropolitan Dade County, Florida. Where an existing business use or zoning district lawfully exists which is not specifically depicted on the LUP map and which is not inconsistent with the CDMP, a different business or office use or district may be approved if the proposed use and district would be consistent with the objectives and policies of the CDMP and would not have an unfavorable effect on the surrounding area (Land Use Element, page 1-19) . Miami Beach Healthcare Group Ltd. SECTION 34-51-42 ACC ~ING I~4 NO. 96-8-ACC-1 COb~ISSION DIST~ICT 4 -3- P~: 96-155 August 20, 1996 RECOMMENDATION APPROVAL OF REQUEST #1, APPROVAL WITH ONE CONDITION OF THE BALANCE CONDITIONS The applicants shall submit to the Planning Division, for its review and approval, a landscaping plan Which indicates the type and size of plant material prior to the issuance of a building permit and to be installed prior to issuance of any certificate of occupancy. ANALYSIS The subject property of this hearing is a slightly larger than 3-acre vacant parcel of land, located between East Dixie Highway and NE 27 Court, and between NE 209 Street and NE 211 Street. In addition, there are two small parcels located on the east side of NE 27 Court. The purpose of this application is to permit an ancillary parking for Aventura Hospital one block to the east. A small, 10,000 sq. ft. office building is also proposed on the north side of NE 209 Street on that portion of the block not currently zoned for office use. The existing RU-5A zoning classification on the remainder of the block was approved by the County Commission on the 4th day of May, 1995, to permit the construction of a two-story office complex. The proposed parking lot is far less intrusive than the approved medical complex and is recommended for approval, subject to the submittal of a landscaping plan. As .the entire block, except for the four small lots on the south end, is already zoned RU-5A, it would be fundamentally unfair to deny that portion of the subject application. For all of the aforementioned reasons, the Planning Division recommends that this application be approved. GEO:GA DAW ~ED:7/23/96 DAW I~EVISED: De~aa~~hve 1 opment Gulllermo , Dlre~or PH# 96-155 Aventura city Council P~BLIC WORKS DEPARTMENT COMMEN~S Applicant's Name: Miami Beach Healthcare Group, Ltd. This Department objects to this application. Provide more information for the method of operation of the security gates. Remove the trees from the proposed parking aisles. Sidewalks required on all public streets. This application does meet the traffic concurrency criteria for an Initial Development Order. It will generate 34 PM daily peak hour vehicle trips. The traffic distribution of these trips to the adjacent roadways reveal that the addition of these new trips does not exceed the acceptable level of service of the following roadways: Existing Traffic West Dixie Hwy. s/0 NE 215 St. has a maximum capacity of LOS "E+20" of 1110 vehicles during the P.M. Peak Hour. It has a current Peak Hour Period (PHP) of 680 vehicles and 46 vehicles have been assigned to this section of road from previously approved Development Orders. West Dixie Hwy. with its 726 PHP and assigned vehicles is at LOS "D". The 8 vehicles generated by this development when combined with the 726 equals 734 and LOS "D" where the range of "D" is 641 to 840 vehicles. NE 203 St. w/o NE 22 Ave. has a maximum capacity of LOS 'E+50" of 10,110 vehicles during the P.M. Peak Hour. It has a current Peak Hour Period (PHP) of 3554 vehicles and 559 vehicles have been assigned to this section of road from previously approved Development Orders. NE 203 St. with its 4113 PHP and assigned vehicles is at LOS "D". The 18 vehicles generated by this development when combined with the 4113 equals. 4131 and LOS "D" where the range of LOS "D" is 3271 to 5930 vehicles. NE 192 St. e/o Biscayne Blvd. has a maximum capacity of LOS "E" of 3110 vehicles during the P.M. Peak Hour. It has a current Peak Hour Period (PHP) of 1649 vehicles and 1325 vehicles have been assigned to this section of road from previously approved Development Orders. NE 192 St. with its 2974 PHP and assigned vehicles is at LOS "B". The 8 vehicles generated by this development when combined with the 2974 equals 2982 and LOS "B" where the range of LOS "B" is 2211 to 3060 vehicles. This application meets traffic concurrency criteria. The request herein, constitutes an Initial Development Order only, and one or more traffic concurrency determinations will subsequently be required before development will be permitted. There are 4 locations in Commissioner District ~4 that are operating at 90% of capacity or greater. Two locations one at Biscayne Blvd. s~ NE 192 St. at e/o Biscayne Blvd. are operating at 93.3% and 95.6% respective~/~ jAWussell C. Kelly 2 8 1996 Date DISCLOSURE OF INTEREST* If the property which is the subject of the application is Owned or leased by a CORPORATION, list the principal stockholders and the percentage of stock owned by each. [Notes where ~he' principal officers or stockholders consist ~of another' corporation(s), trustee(s), partnership(s) or other similar entities, further disclosure shall 'be required which discloses the identity Of the individual(s) (natural persons) having the ultimate ownership interest in the aforementioned entity]. CORPORATION NAME NAME. ADDRESS, AND OFFICE ~rcentace 6f S~oc~' If the property which is the subject of the applicatio~ is owned or leased by a TRUSTEE, list the beneficiaries of the trust and the percentage of interest held by each.- [Note: where the beneficiary/beneficiaries consist of corporation(s), another trust(s), partnership(s) or other similar entities, further disclosure shall be required which discloses the identity of the individual(s) (natural persons) having the ultimate ownership interest in the aforementioned entity]. TRUST NAME NAME AND ADDRESS .Percentace of Interest Page 2 If the property which is the subject of the application is owned or leas~ by a PARTNERSHIP or LIMITED PARTNERSHIP, list the principals of th partnership, including general and limited partners. [Note: where th partner(s) consist of another partnership(s), corporation(s) trust(s) or other similar entities, further disclosure shall be required whi~ discloses the identity of the individua~(s) (natural persons) having th ultimate ownership interest in the aforementioned entity]?~ Miami Beach Healthcare Group, Ltd~ a Fla. ltd'. partnership. PARTNERSHIP ~OR LIMITED PARTNERSHIP NAME (d/h/a Aventura Hospital and Medical Center) SEE ATTACHMENT TO DISCLOSURE OF Percentage of Ownership INTEREST FORM & EXHIBIT 1 Thereto. If there is a CONTRACT FOR PURCHASE, whether contingent, on this applica~i~ or not, and whether a Corporation, Trustee, or Partnership, list t~ names of the contract purchasers below, including the principal officers, stockholders, beneficiaries, or partners. [Note: where the princip~ officers, stockholders, beneficiaries, or partners consist of anoth~ corporation, trust, partnership, or other similar entities, furth~ disclosure shall be required which discloses the identity of t~ individual(s) (natural persons) having the ultimate ownership interest h the aforementioned entity]. NAME NAME. ADDRESS,AND OFFICE (if applicable) Percentace of Interest Date of contract: Page 3 If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. For any changes of ownership or changes in contracts for purchase subsequent to the date of the application, but prior to the date of final public hearing, a supplemental disclosure of interest shall be filed. The above is a full disclosure of all parties of interest in this application to the best of my knowledge and belief. Sworn to and subscribe~ore me, this /~ ~ day of ~~ Notar~Public, State ~f Florida My Commission Expires: (Applicant) U ' Ines Marrero-Prie~ues~ Esg. Greenberg Traurig et al.' Attorney for Applicant at Large (SEAL) * Disclosure shall not be required of any entity, th9 equity interests which are regularly traded on an established securities market Ln United States or other country; or of any entity~ the ownerhip interests of which are' held in a limited partnership consisting of more than 5,000 separate interests and where no one ~erson or entity holds more %hah a total of 5% of the ownership interest in the limited partnership. ATTACHI{ENT TO DISCLOSURE OF INTEREST FORM Miami Beach Healthcare Group. Ltd.. a Fla. Limited Partnershi%, (d/b/a Aventura Hospital and Medical Center) 20900 Biscayne Boulevard Aventura, Florida 33180 General Partner Limited Partners Col~mhia Hospital Corporation of Miami Beach, a Florida corporation 1 Park Plaza Nashville, Tennessee 37203 Galen Health Care, corporation ADDRESS: Inc., a Delaware 100 % Western Plains Regional Hospital, Inc. a 'Kansas corporation i Park Plaza Nashville, Tennessee 37203 100% Columbia - HCA Healthcare Corporation, a Delaware Corporation 1 Park Plaza Nashville, TN 37203 (See below for disclosure) Directors: CHC Holdings, Inc., a Delware corporation i Park Plaza Nashville, Tennessee 37203 (See further disclosure, below) See Exhibit 1 -1- Galen Health Care. Inc., Share OwershiD % 100 % a Delaware corDoration Shareholder s Western Plains Regional Hospital, Inc. a Kansas corporation 1 Park Plaza Nashville, Tennessee 37203 Western Plains Reqional HosDital, Inc., a Kansas corporation Share Owershi~ 100% Shareholder~ Columbia - HCA Healthcare Corporation, a Delaware Corporation 1 Park Plaza Nashville, TN 37203 (See below for disclosure) Columbia Hospital Corporation of Miami Beach, a Florida Corporation Share Owershi % 100% Shareholder(s) CHC Holdings, Inc., a corporation 1 Park Plaza Nashville, Tennessee 37203 Delaware CHC Holdinqs. Inc., a Delaware Corporation Share~ 100% Shareholder(s) Columbia Hospital Corporation Delaware, a Delaware corporation 1 Park Plaza Nashville, Tennessee 37203 -2- Columbia HosDital Corporation-Delawarn, a Delaware corporation Share Owership % 100% Shareholder_~ Columbia-HCA Healthcare Corporation, a Delaware Corporation 1 Park Plaza Nashville, Tennessee 37203 Columbia-HCA Healthcare Corporation, a Delaware Corporation Share OwershiD % 100% Shareholder~ The stock of Coltunbia-HCA Healthcare Corporation is publicly traded in the New York Stock Exchange -3- / Oecember 31, 1995 OFFICERS AND DIRECTORS OF COLUMBIA HOSPITAL CORPORATION OF MIAMI BEACH Daniel Moan President 7975 NW 154th Street, #400A Miami Beach, FL 33016 *Stephen T. Braun Senior Vice President and Assistant Secretary One Park Plaza Nashville, TN 37203 *David C. Colby Senior Vice President and Treasurer One Park Plaza Nashville~ TN 37203 Joseph D. Moore Senior Vice President One Park Plaza Nashville, TN 37203 *Richard A. Schweinhart Senior Vice President One Park Plaza Nashville, TN 37203 David G. Anderson Vice President end Assistant Treasurer 0nc Park Plaza Nashville, TN 37203 David Bradford Vice President and Assistant Secretary One Park Plaza Nashville, TN 372~)3 Bettye D. Daugherty Vice President and Assistant Secretary One Park Plaza Nashville, TN 37203 James D. Hinton Vice President 1401 Mitchell Avenue Jeffers0nville, IN 47131 Jay Jarrall Vice President 7975 NW 154th Street, #4OOA Miami Beach, FL 33016 R. Mi~on Johnson Vice President One Park Plaza Nashville, TN 37203 David J. Malone, Jr. Vice President One Park Plaza Nashville, TN 37203 Rachel A. Seifert Vice President and Assistant Secretary One Park Plaza Nashville, TN 37203 Jeff Crudele Vice President 7975 NW 154th Street, #400A Miami Lakes, FL 33016 John M. Franck Secretary One Park Plaza Nashville, TN 37203 'Directors (Florida) Persons employed in the capacity of Chief Executive Officer, Chief Financial Officer, and Assistant Administrator of facilities owned and/or operated by this Corporation, are authorized by the Board of Directors of this Corporation to negotiate and enter into contracts and agreements necessary in the conduct of the day-to-day business of such facility, including, but not limited to, physician contracts, leases, purchase agreements, etc., which with the advice of legal counsel, shall be deemed appropriate and advisable, and to execute and deliver Certificates of Resolution required in connection with such contracts and agreements. s-~,~o: I AREA 4 9 SPACES LEGEND G OAK 8" ' 16" 0 OAK 4" - 6" :~ S£AGRAPE .t~ NORFOLK ISLAND PIN[ ~ COCONUT PALM BU- P u~ ~A ]9ACD 19.,m F~,.U ~1. 8A© 18 -- (--,j 2 I LLJ17 ~5A 13A I3 12A 1;? BU--1 llA 9A 9 ~0 30 ~du I~, 29 '2 24 ~7 ~4 2~.~ RU--3M 8 22 ~ ~2 I 9 I ~ ~0 II ~ ,~ TR 28 13 27 26 ]5 25 16 24 ~7 22 ~ 21 20 . , ~ LEGEND E[ROPOLITAN DADE SecS:fl: ~ T~-',;p. 5t Ro~e: 42 I:~ E ERC COUNTY NOTICE CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANRUM TO: FROM: BY: City Council Eric M. Soroka, Cit~k~/ -~... Jaye M. Epstein, AICP,'I~ or of Community Development DATE: August 16, 1996 SUBJECT: Petition of Trafalgar Associates of Aventura Ltd., Relative to Modification of a Covenant Which Precludes the Provision of Swimming Pools in Conjunction with Single- Family Residences August 20, 1996 City Council Meeting Agenda Item Description/Background When this 485 unit single-family subdivision was approved by the Dade County Commission, on February 8, 1996, the developer offer to place a covenant upon the property which would preclude individual unit owners from placing swimming pools in their yards. Instead the developer was to provide three (3) community pools for the use and enjoyment of the future residents of this neighborhood. At this time, the developer wishes to remove this covenant in favor of allowing individual home owners to have the option of providing private pools upon their own home site. Also, the developer, at their option, wishes to maintain the ability of providing the three (3) community swimming pools. It should be noted that only three (3) of the four (4) model types will accommodate swimming pools. Analysis While the staff supports the basic premise of this petition, that being allowing individual homeowners the ability of providing private swimming pools, their is an additional issue which concerns the staff. StafFs concerns revolve around the fact that should the three community pools not be built, at the developers option, what, if any, amenity will be provided in its place. Staff believes that some form Page 2 96-265 of onsite recreational amenity is highly desirable, whether or not that takes the form of three (3) community swimming pools or not should be left to the developer, and the future residents. However, this development is likely to attract families with children and as such recreational opportunities should be made available to them. Recommendation Staff recommends that the City Council approve this request consistent with the County staff recommendation. It is further recommended that prior to the issuance of any building permits within any phase of this property, that plans for a recreational amenity within each such phase containing any community pool sites be submitted for consideration and approval by the City. Each of the first three phases of development shall contain at least one such recreational amenity. JEFFREY BERCOW BEN J. FERNANDEZ JANA K. McDONALD MICHAEL E. RADELl LAW OFFICES BERCOW ~ RADELL PROFESSIONAL ASSOCIATION FIRST UNION FINANCIAL CENTER, SUITE 850 200 SOUTH BISCAYNE BouLeVARD MIAMI, FLORIDA 3313i DIRECT LINE: (305) 377-6235 TELEPHONE (305) 374-5300 FAX (305) 377~ August8,1996 Mr. Eric Soroka, City Manager City of Aventura 2999 NE 191 Street, Suite 500 Aventura, FL 33180 Re: Trafalgar Associates of Aventura, Ltd. Aventura Lakes Residential Development Dear Mr. Soroka: I am enclosing for your review a copy of the letter of intent and proposed Modification of Declaration of Restrictions that were submitted to the Dade County Planning, Development and Regulation Department in early May of this year. This information is provided to you in addition to the infomaation that we provided to you in our correspondence dated August 2, 1996 regarding the captioned project. Trafalgar's application is to modify the original Declaration of Restrictions, in order to permit pools for individual dwelling units within the development. The original declaration prohibits the installation of swimming pools for individual dwelling units but permits the installation of 3 pools for use by all residents of the development. The Planning, Development and Regulation Department is presently reviewing and evaluating this application for the city of Aventura. Please call me should you have any questions regarding the enclosed information or any other matter regarding the proposed Aventura Lakes development. Thank you for your attention to this matter. Sincerely, Ben Fernandez cc: Mr. Gus Hernandez Jeffi'ey Bercow, Esq. May 6, Miami: 305 358 9900 Bmward: 305 527 Fax;, 305 789 9302 Telex. 803133 STROOCK MIA 1996 Jeffrey Bercow 305 789 9353 Mr. Eric Soroka City Manager - Aventura c/o Department of Planning, Development & Regulation Public Hearing Section Metropolitan Dade County 111 N.W. First Street llth Floor Miami, FL 33128 Re: Trafalgar Associates of Aventura~ Ltd. Modification to Declaration of Restrictions Dear Mr. Soroka: This law firm represents Trafalgar Associates of Aventura, Ltd. ("Trafalgar"). Trafalgar is the developer of the Aventura Lakes project, which is a 485 unit residential single-family development in Aventura located on the north side of N.E. 207th Street, east of Biscayne Boulevard and west of N.E. 34th Avenue. The project comprises approximately 66 acres of residential property and an adjoining 29 acre lake. Earlier this year and in order to permit development of the Aventura Lakes project, Trafalgar obtained from the Dade County Commission approval of a district boundary change to the "Planned Area Development" district and other associated approvals. This letter serves as Trafalgar's letter of intent to modify the Declaration of Restrictions that was recorded in Official Records Book 17128, at Page 0529 in connection with the prior approvals. Trafalgar's original Declaration of Restrictions prohibits the installation of swimming pools for individual dwelling units but permits the installation of three pools for use by all New York, NY 10004-2696 Washington, D,C. 20036-4652 Los Angeles, CA 90067-3085 H-I088 Budapest, Hungary 7 Hanover Square 1150 Seventeenth Street N.W. 2029 Centun/Park East Rak~czt ut 1-3 212 806 5400 202 452 9250 310 556 5800 361 266 9520 Mr. Eric Soroka May 6, 1996 Page 2 residents of the development. This restriction on the installation of individual swimming pools was voluntarily self- imposed by Trafalgar; it was not the product of a recommendation by Dade County Staff or other parties. As a result of further market research, Trafalgar now believes that this restriction will inhibit the sale of the units. Accordingly, Trafalgar seeks to remove this self-imposed restriction from the covenant. All other provisions of the covenant will remain in full force and effect, as will all other conditions of Dade County Resolution No. 2-29-96, approving the Aventura Lakes project. We are enclosing a proposed Modification of Declaration of Restrictions for your review. On behalf of Trafalgar, we respectfully request your favorable consideration of this application. Ms. Diane O'Quinn Williams Mr. Gus Hernandez Mr. Ramon Cacicedo cc: 10145488 This Instrument Prepared By: Kathleen M. P. Baker, Esq. Stroock & Stroock & Lavan 3300 First Union Financial Center 200 South Biscayne Boulevard Miami, Florida 33131-2385 MODIFICATION OF DECLARATION OF RESTRICTIONS WHEREAS, the undersigned are the owners of property described in attached Exhibit A (the "Property"); WHEREAS, the Property is subject to a Declaration of Restrictions, recorded in Official Records Book 17128, at Page 0529 of the Public Records of Dade County, Florida (the "Declaration"); WHEREAS, the Declaration requires that the Property be developed substantially in accordance with the spirit and intent of a certain site plan referenced therein~ WHEREAS, modifications to the Declaration are permitted provided same are approved after public hearing by resolution; and WHEREAS, after public hearing, and pursuant to Metropolitan Dade County Resolution No. , modification of the Declaration was approved to permit the installation of swimming pools for individual dwelling units on the Property; NOW THEREFORE, in consideration of the premises, the Declaration is hereby amended as follows: FROM: 11. Accessory Buildinqs/Parkinq (b) No pools will be permitted for individual dwelling units. However, nothing set forth herein will prohibit the construction, operation and maintenance of the three (3) swimming pools shown on the Site Plan and intended for use of the residents of units to be constructed on the Property. 05/02/96 12:10pm , 10145711 1 TO: 11. Accessory Buildinqs/Parkinq (b) Pools will be permitted for individual dwelling units. However, nothing set forth herein will prohibit the construction, operation and maintenance of the three (3) swimming pools shown on the Site Plan and intended for use of the residents of units to be constructed on the Property. Except as modified herein, all the terms and conditions of the Declaration shall remain in full force and effect. The foregoing instrument was executed this __ , 1996. day of 05/02/96 12:10pm 10145711 2 Signed, witnessed, day of /~ ~ ACKNOWLEDGMENT CORPORATE executed and acknowledged on this , 1996. Witnesses: Signature By: Address: Signature Print Name TRAFALGAR ASSOCIATES OF AVENTURA, LTD. By its General Partner: TRAFALGAR ASSOCIATES OF AVENTU?/ INC. ,, V~ce Fr~ident STATE OF COUNTY OF ~m~ _~The foregoing instrument was acknowledged before me this day of /~ , 1996.by Gus Hernandez, Vice President of Trafalgar Associates of Florida, Inc., general partner of Trafalgar Associates of Aventura, Ltd., a Florida limited partnership on behalf of the partnership. He/she is personally known to me or has produced a as identification. My Commission Expires: Print Name: ~ -~z Commission No. (if any) OFFIC~L N~Y SEAL CO~U~ION NO. C~016~ [ 05/02/96 12:10pm , 10145711 3 Metropolitan Dade County Acknowledgement of Modification The undersigned, City Manager of Aventura, c/o the Dade County Department of Planning, Development, and Regulation, the successor agency to the Dade County Building and Zoning Department, by executing below, hereby acknowledges that the foregoing modification is in accordance with the requirements of Resolution No. and paragraph 27 of the Declaration. CITY OF AVENTURA Eric Soroka, City Manager STATE OF FLORIDA ) ) COUNTY OF DADE ) SS: The foregoing instrument was acknowledged before me this __ day of , 1996 by Eric Soroka, City Manager of Aventura, c/o Dade County Department of Planning, Development, and Regulation, who is personally known to me or who has produced a as identification. My Commission Expires: Print Name: Title: Commission No. (if any) 05/02/96 12:10pm 10145711 4 2. TRAFALGAR ASSOC. OF AVENTURA LTD. 96-8-ACC-2 (Applicant) Property Owner (if different from applicant) Same. Is there an option to purchase [] / lease [] the property predicated on the approval of the zoning request? Yes [] No [] Disclosure of interest form attached? Yes [] No [] Previous Zoning Hearings on the Property: Year Applicant Request Board Decision 1974 Estate of James Donn, Sr. GU & RU-2 to RU-4 CC Approved 1981 N.V. Munchen Corp. UU for a lake excavation. ZAB Approved 1995 RolfHoltschneider & Ingeborg Ramisch Deletion of an Agreement, CC Approved 2 Declarations of Restrictions, Release ofa U.T., RU-2 to BU-2 & RU-4A; S.E. for site plan approval & height require., U.U. for a liR station & NUV of zoning & subdivision regs. 1996 Trafalgar Assoc. of Aventura RU-4 to PAD; Modif. ofprev. CC appro, reso.; Deletion of restrictions; U.V. for a temp. real estate office; U.U. for a lake excavation & E.F.; NUV for private drives, open space & wall in right of way. Approved Action taken today does not constitute a final development order, and one or more concurrency determinations will subsequelatly be required. Provisional determinations or listings of needed facilities made in association with this Initial Development Order shall not be binding with regard to future decisions to approve or deny an Intermediate or Final Development Order on any grounds. TRAFALOAR ASSOC. OF AVENTURA LTD. APPLICANT Between NE 30 Avenue and NE 34 Avenue from NE 207 Street to NE 213 Stree't, Dade County Florida ADDRESS August 20, 1996 DATE 96-265 HEARING NO. ~CURRENT ENFORCEMENT HISTORY No Enforcement History HEARING NO. 96-8-ACC-2 (96-265) 34-51-42 APPLICANT: TRAFALGAR ASSOC. OF AVENTURA LTD. MODIFICATION of Paragraph 1 l-b of a covenant having been proffered and accepted pursuant to Resolution Z-29-96, passed and adopted by the Board of Count' Comrmssioners on the 8th day of February, 1996, reading as follows: FROM: 11. Accessory Buildings/Parking (b) No pools ~411 be permitted for individual dwelling units. However, nothing set forth herein wSll prohibit the construction, operation and maintenance of the three (3) swimming pools shown on the site plan a. nd intended for use of the residents of umts to be constructed on the property. TO: 11. Accessory Buildinas/Parking (b) Pools will be penmtted for individual dwelling units. However, nothing set forth herein will prohibit the construction, operation and maintenance of the three (3) swimming pools shown on the site plan and intended for use of the residents of units to be constructed on the property. The purpose of the request is to permit the applicant to modify the covenant to allow swimming pools on individual dwelling units. SUBJECT PROPERTY: A portion of Traets A, B & C, DONN ACRES, Plat bOOk 76, Page 30, being more particularly described as follows: Commence at the Northeast comer of Section 34, Township 51 South, Range 42 East; thence mn S1°59'3"E, along the E/ly line of said Section 34, for 659.14'; thence mn S88°0'57"W for 40'; thence mn S1°59'3"E for 50' to the Point of beginn~g; thence continue S1°59'3"E for 1,820.26'; thence mn S43°4'29"W for 42.47'; thence mn S88°8'0"W for 2,494.36' to a Point of curvature; thence run SW/ly and NW/ly along a circular curve to the right having for its elements a central angle of 88056'28'' and a radius of 25', for an arc distance of 38.81' to a Point of tangency; thence mn N2°55'32%V for 893.03'; thence mn N88°12'28"E for 433.73'; thence mn N22°43'lS"E for 481.87' to a Point of curvature; thence mn NE/ly, along a circular curve to the left having for its elements a central angle of 6°15'29" and a radius of 4,964.09', for an arc distance of 542.2'; thence mn N88°26'3"E for 1,729.66' to the Point of beginning AND: A portion of DONN ACRES, Plat book 76, Page 30, being more particularly described as follows: Commence at the Northeast comer of Section 34, Tovmship 51 South, Range 42 East; thence mn S1°59'3"E, along the E/ly line of said Section 34, for 709.14'; thence mn S88°0'57"W for 40'; thence mn S1°59'3"E for 1,820.26'; thence nm S43°4'29%V for 42.47'; thence mn S88°8'0"W for 2,383.91' to the Point of beginning; thence continue S88°8'0"W for 110.46' to a Point of curvature; thence mn SW/Iy and NW/ly, along a circular curve to the right having for its elements a central anlge of 88056'28" and a radius of 25', for an arc distance of 38.81' to a Point oftangency; thence mn N2°55'32"W for 110.46'; thence mn S47°23'46"E for 192.67' to the Point of beginning. CONTINUE ON PAGE TWO HEARING NO. 96-8-ACC-2 (96-265) 34-51-42 APPLICANT: TRAFALGAR ASSOC. OF AVENTURA LTD. PAGE TWO LOCATION: Between N.E. 30 Avenue & NE. 34 Avenue & betxveen N.E 207 Street & N.E 213 Street. Dade CounW, Florida. SIZE OF PROPERTY: 65.27 Acres PRESENT ZONING: PAD (Planned Area Development) AGENDA ITEM 2 HEARING NO.: 96-8-ACC-2 HEARING DATE: 8/20/96 PH #: Z96000265 CITY OF AVENTURA Z N MA o EXISTING ZONING AND LAND USE; Subject property_: PAD; vacant & lake North: GU & RU-2; vacant East: PAD; townhouses & apartments South: RU-4A; apartments West: OPD; offices & vacant Size of property: 65.27 acres. o SUMMARY: The subject property is a 65.27 acre parcel which consists of vacant land and a lake in the PAD, Planned Area Development District in Northeast Dade County. The Comprehensive Development Master Plan (CDMP) designates this area for Low-Medium Density residential use (up to 25 dwelling units per gross acre). This application seeks to modify Paragraph 11-b of a covenant which was proffered and accepted pursuant to Resolution Z-29-96. Said paragraph permitted 3 swimming pools for the use of the residents of the units which will be constructed on the property and did not permit swimming pools for individual dwelling units. The approval of this application will continue to permit the aforementioned 3 swimming pools for the use of all the residents of the development and will also permit swimming pools for individual dwelling units. Resolution Z-29-96, which was passed and adopted on February 8, 1996, approved a district boundary change from RU-4, High Density Apartment House District to PAD, Planned Area Development District and gave site plan approval for the development of a 485 unit single family residential community. The approval of this application would lift the applicants' self imposed restriction forbidding swimming pools for individual units and would not change the number of units which could be constructed. The applicants have stated that recent market research has led them to believe that failing to offer individual swimming pools to potential buyers of the intended single family residences will hamper their ability to sell said residences. ZONING EVALUATION AGENDA ITEM 2 HEARING NO.: 96-8-ACC-2 HEARING DATE: 8/20/96 PAGE TWO Staff supports the concept of individual swimming pools for individual residences; however, must take into consideration the fact that the subject property is an approved Planned Area Development and that the specific guidelines for the development of same are contained in the recorded development agreement running with the land. The applicant has outlined in written form the development design criteria for the proposed individual swimming pools..This development design criteria is intended to provide the guidelines by which building permits for the proposed swimming pools can be issued; such as, which models would be permitted swimming pools and the setback requirements applicable to same. The aforementioned guidelines outline a workable concept for this development, and would not detrimentally impact same. Noting that all conditions of the recorded development agreement proffered pursuant to Resolution Z-29-96 will remain in full force and effect, except as modified herein, staff recommends that this application be approved on a modified basis incorporating the development design criteria proffered by the applicant. o RECOMMENDATION: Modified approval of this application to read: 1 I. Accessory_ Building/Parking: (b) Pools will be permitted within the rear yard area of individual dwelling units, except for Type D units. However, nothing set forth herein will prohibit the construction, operation and maintenance of the three (3) swimming pools shown on the Site Plan and intended for use of the residents of units to be constructed on the property. In addition, pools for individual units shall be setback as follows: Units with screened enclosures. Type A units. Type A units, with screened enclosures, may have pools which will have a minimum 6 foot rear setback, a minimum 2 foot spacing from the rear wall of the residence, a minimum 12 inch setback from the zero lot line property line, and a minimum 6 foot side setback. Type B units. Type B units, with screened enclosures, may have pools which will have a minimum 6 foot rear setback, a minimum 2 foot spacing from the rear wall of the residence, and a minimum 3 foot side setback. ZONING EVALUATION AGENDA ITEM 2 HEARING NO.: 96-8-ACC-2 HEARING DATE: 8/20/96 PAGE THREE Type C units. Same as Type A units above. Units without screened enclosures: Type A units. Type A units, without screened enclosures, may have pools which will have a minimum 5 foot rear setback, a minimum 12 inch setback to the zero lot line property line, a minimum 2 foot spacing from the rear wall of the residence, and a minimum 3 foot side setback. O Type B units. Type B units, without screened enclosures, may have pools which have a minimum 5 foot rear setback, a minimum 2 foot spacing from the rear wall of the residence, and a minimum 3 foot side setback. Type C units. Same as Type A units above. CONDITIONS: None. DATE INSPECTED: 7/22/96 DATE TYPED: 7/29/96 DATE REVISED: 8/12/96 DATE FINALIZED: 8/13/96 RGV:AJT:DBM Zoning and Permitting Division Metropolitan Dade County Department of Planning, Development and Regulation This item has been reviewed and approved for consistency with the standards of Ordinance #89-66, adopted on July 11, 1989, which established Dade County's Concurrency Management Program. Action taken today does not constitute a final development order, and one or more concurrency determinations will subsequently be required. Provisional determinations or listings of needed facilities made in association with this Initial Development Order shall not be binding with regard to future decisions to approve or deny an Intermediate or Final Development Order on any grounds. PH:96-265 ~u~'rROPOLITAN DADE COUNTY DEPARTMENT OF PLANNING, DEVELOPMENT AND REGULATION RECO~ENDATION TO 'rku~ AVEN'ru~A CITY COUNCIL APPLICANT Trafalgar Associates of Aventura, Ltd. DATE: August 20, 1996 SECTION 34-51-42 ACC HEARING ITEM NO.96-8-ACC-2 CO~ISSION DISTRICT 4 GENERAL INFORMATION REQUEST Modific.ation of Paragraph ll-b of a Covenant running with the land as it pertains to the prohibition of swimming pools. PURPOSE LOCATION EXISTING ZONING AND LAND USE To permit individual purchasers of the proposed residences the option to construct a pool in conjunction with said residence. ~ Between NE 30 Avenue & NE 34 Avenue & between NE 207 Street & NE 213 Street. SUBJECT PROPERTY PAD, SURROUNDING PROPERTY NORTH SOUTH EAST WEST SIZE 65.27 acres unimproved (being cleared) Dade/Broward County line, canal kU-4A, apartments RU-4A, tennis complex and townhouse development OPD & BU-1A, unimproved and medical facility COMPlIE/~ENS/VE DEVELOPMENT MAST~ PLAN and/or SPECIAL STUDIES The Adopted 2000 and 2010 Land Use Plan designates the subject property as being within the Urban Development Boundary for medium density residential, up to 25 dwelling units per gross acre. Trafalgar Associates of Aventura, Ltd. SECTION 34-51-42 ACC HED~RING ITEM NO. 96-8-ACC-2 CO~ISSION DISTRICT 4 -2- PH: 96-265 August 20, 1996 RECO~IDATION APPROVAL CONDITIONS None ANALYSIS The subject application would permit the modification of a proffered declaration of Restrictive Covenant running with the land as it pertains to the establishment of swimming pools in conjunction with an approved residential subdivision. On November 9, 1996, the County Commission in accordance with the positive recommendation for approval from the County's Development Impact Committee (DIC) approved a 25-acre shopping center on that portion of the original tract fronting on Biscayne Boulevard and granted approval for the construction of 1,174 dwelling units on the subject 65.27-acre parcel. The property is zoned Planned Unit Development (PAD) and is located between NE 30 Avenue and NE 34 Avenue and between NE 207 Street and NE 213 Street. The 2000 and 2010 Land Use Plan map designates this parcel medium-high density residential, up to 60 dwelling units per gross acre. The app=oved density of this development is approximately 11.51 dwelling units per acre for the entire development. Originally, the applicant proposed three community swimming pools for the entire development and volunteered to restrict swimming pools on individual lots. This would preclude any visual encroachment of the water amenities. However, this was only one of numerous restrictions placed on this parcel by the developer. Said restrictions range from the type and placement of bus shelters to prohibiting garages from becoming habitable rooms. As the subject condition of the proffered declaration of restrictions was volunteered by the applicant, the Planning Division recommends approval of the subject application. GEO:EES DATE TYPED:EES DATE REVISED: and Regulation .......... ~.~o~o o,~ oo~ 1~1) DERM 5 FL M E M O R A N D U M ~002 TO: FROM Reinaldo Villar Assistant Director Department of Planning, Development and Regulation DATE: 12-JUN-1996 SUBJECT: ZAB #Z96000265 TRAFALGAR ASSOC. OF AVENTUP~A NE 30 AVE & 213 ST Modification of Covenant to allcw individual unit pools Alyce M. Robertson~-~/~-~7~-- 34-51-42 Assistant Director Environmental Resources Management (PAD) (65.2- Ac~ DERM has reviewed the'subject application and has determined 5hat i5 meets the minimum requirements of Chapter 24 of the Code cf Metropolitan Dade County, Florida. Accordingly, the application ma~- be scheduled for public hearing. DERM has also evaluated the reques5 insofar as the general environmental impact that may derive from ~ and based upon the available information offers no objection to its approval. This Department has no pertinent co~ents regarding this appi!caticn since the request does not entail any environmental concern. CONCURRENCY REVIEW SUMMARY The Department has conducted a concurrency review for this application and has determined that the same meets all applicable Levels of Service standards for an initial development order, as specified in the adopted Comprehensive Development Master Plan fcr potable water supply, wastewater disposal and flood protection. Therefore, the application has been approved for concurrency subjec~ to the comments and conditions contained herein. This concurrency approval does not constitute a final concurrent' statement and is valid o~ly for this initial development order as provided for in the adopted methodology for concurrency review. Additionally, this approval does not constitute any assurance tha5 the LOS standards would be met by any subsequent development order applications concerning the subject property. In summary, the application meets the minimum requirements of Chapter 24 of the Code and therefore, it may be scheduled for public hearing~ furthermore, this memorandum shall constitute DERM's written consen5 to that effect as required by the Code. Additionally, DERM has alsc evaluated the application so as to determine its general environmental, impact and after reviewing the available info_--maticn offers no objections to the approval of the request. cc: A1 Torres, Zoning Evaluation - PDR Skip Scofield, Zoning Review - PDR PUBLIC WORKS DEPARTMENT COMI~ENTS PH~ 96-265 Aventura City Council Applicant's Name: Trafalgar Assoc. of Aventura, Ltd. This Department has no objections to this application. This application does not generate any new additional daily peak hour trips, therefore no vehicle trips have been assigned. This meets the traffic concurrency criteria set for an Initial Development Order. Russell ~. ~ J U t 0 8 1996 Date DISCLOSURE OF INTEREST* If the property which.is the subject of the application is owned or leased by a CORPORATION, list the principal stockholders and the percentage of stock owned by each. [Note: where the principal officers or stockholders '.consist of another corporation(s), trustee(s), partnership(s) or other similar entities, further disclosure shall be required which discloses the identity of the individual(s) (natural persons) having the ultimate ownership interest in the aforementioned entity]. CORPORATION NAME ~AME, ADDRESS. AND OFFICE Percentaue of Stock If the property which is the subject of the application is owned or leased by a TRUSTEE, list the beneficiaries of the trust and the percentage of interest held by each. [Note: where the .beneficiary/beneficiaries consist of corporation(s), another trust(s), partnership(s) or other similar entities, further disclosure shall be required which discloses the identity of the individual(s) (natural persons) having the ultimate ownership interest in the aforementioned entity]. TRUSTNAME Percentaae of Interest Page 2 If the property which is the subject of the application is owned or leased by a PARTNERSHIP or LIMITED PARTNERSHIP, list the principals of the partnership, including general and limited partners. [Note: where the partner(s) consist of another partnership(s), corporation(s) trust(s) or other similar entities, further disclosure shall be required which discloses the~ identity of the individual(s) (natural persons) having the ultimate ownership interest in the aforementioned entity]. Trafalgar Associates of Aventura~ Ltd. PARTNERSHIP OR LIMITED PARTNERSHIP NAME NAME AND ADDRESS Ram0n Caciced0, Sr. Gus Hernandez PercentaGe of Ownership 25% 12.5% Jose Gonzalez 5% Ramon Cacicedo, Jr. 7.5% Daniel Lewis (Limited) 25% Ezra Katz (Limited) .25% If there is a CONTRACT FOR PURCHASE, whether contingent on this application or not, and whether a Corporation, Trustee, or Partnership, list the names of the contract purchasers below, including the principal officers, stockholders, beneficiaries, or partners. [Note: where the principal officers, stockholders, beneficiaries, or partners consist of another corporation, trust, partnership, or other similar entities, further disclosure shall be required which discloses the identity of the individual(s) (natural persons) having the ultimat~ ownership interest in the aforementioned entity]. NAME NAME, ADDRESS,AND OFFICE iif applicable) ~ercenta~e of Interest Date of contract: pa=e'.3 f~ an?- conuingency clause or ccn~ract te_~ms involve additional pallas, !isu ail individuals or officers, if ~ cc~--pora~icn, partnershiu, or t~as~. Tut any changes of ownership or changes in contracts for purchase ~ubsequen% to the date of the application, but prior to the date of final ~ub!!c hearing, a supplemental disclosure of interest shall be filed. ?he above is a full disclosure cf all parnies of interest in th;s =pp!ication go the bes~ of my kncw~edge and belief. T~IAFALGAR ASSOCIATES OF AVENTURA, LTD., a Florida limited partnership (Applican~) and subscribed before me, Public, S=a:e of Florida an Large (SEAL) Commission Expires: OFFICIAL NOTARY SEAL EVA TURRO [NOTARY FUBUC STATE OF FLORIDA COMMISSION NO. CC20~609 [ MY COMMISSION EXP. ~UN'E 20,1996 Disclosure shall not be require= of .any en~ity, the e.=uity h£ch are regularly ~raded on an es~ab!ished securities marke~ in mired $~a=es or other counu---y; or of any entity, ~he o~nerhip interasns.-cf ~ich are held in a limited parnnership consisting of more =hen 5,000 aparana in=eres~s and where no one person or entity holds more than a pta! of 5% of =he ownership innerest in %he limited partnership. 2 1 RU-~ I 96--265 C-[i 'i:~0 N E B U -"2 IRAC BU T.AcF~P TRACT S R'O'",4. A TRACT V ) LEGEND k~'TROPOLITAN DADE COUNTY 96--265 207 ST I MINUTES CITY COUNCIL MEETING CITY OF AVENTURA, FLORIDA TUESDAY, JULY 16, 1996 - 6 P.M. AVENTURA HOSPITAL MEDICAL ARTS BUILDING 21110 BISCAYNE BOULEVARD SUITE 101 AVENTURA, FLORIDA 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Vice Mayor Rogers-Libert at 6:00 p.m. Present were Councilmembers Jay Beskin, Ken Cohen, Harry Holzberg, Jeffrey Perlow, Vice Mayor Patricia Rogers-Libert, City Manager Eric M. Soroka, City Attorney Richard Weiss and Acting City Clerk Teresa M. Smith. Mayor Arthur Snyder and Councilmember Arthur Berger were absent. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Mrs. Grossman led the pledge of allegiance. 3. ZONING HEARING: A. HEARING NUMBER 96-7-ACC-1 APPLICANT: TURNBERRY COUNTRY CLUB LOCATION: 19999 WEST COUNTRY CLUB DRIVE REQUEST: (1) (2) (3) (4) ($) MODIFICATION OF A PREVIOUSLY APPROVED SITE PLAN. NON-USE VARIANCE OF PARKING REQUIREMENTS TO PERMIT 800 PARKING SPACES (1085 PARKING SPACES REQUIRED) UNUSUAL USE TO PERMIT OUTDOOR DINING. MODIFICATION OF THE AVENTURA CRITERIA BOOK. NON-USE VARIANCE OF PARKING REGULATIONS REQUIRING PARKING SPACES TO BE LONGER AND WIDER. Mr. Soroka read for the record the applicant's request for deferral of this matter to the August 20, 1996 Council meeting. Joseph G. Goldstein, Esq., 1221 Brickell Avenue, Miami, representing the applicant, requested permission to re-advertise pursuant to Dade County procedures, should applicant so choose, at applicant's sole expense. A motion to defer this item until the August 20, 1996 Council meeting and to allow the applicant to re-advertise, at applicant's sole expense, was offered by Councilmember Cohen and seconded by Councilmember Holzberg. The motion passed unanimously by voice vote. 4. APPROVAL OF MINUTES: A motion to approve the minutes of the July 2, 1996 workshop meeting and regular meeting was offered by Councilmember Beskin and seconded by Councilmember Cohen. The motion passed unanimously by voice vote and the minutes were approved as submitted. 5. AGENDA: There were no changes to the agenda. 6. SPECIAL PRESENTATIONS: None 7. CONSENT AGENDA: Councilmember Beskin requested removal of items 7B and 7C. Councilmember Cohen requested removal of items 7D, 7E and Councilmember Perlow offered a motion to approve the remainder of the Consent Agenda. The motion was seconded by Councilmember Holzberg, unanimously passed by roll call vote and the following ordinance was passed on first reading: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF OCCUPATIONAL LICENSE TAX; PROVIDING FOR TERM OF LICENSES; PROVIDING FOR AFFIDAVIT OF APPLICANT; PROVIDING FOR LICENSE NOT TO PROTECT LICENSEE IN COURT PROCEEDINGS; PROVIDING FOR PENALTIES; PROVIDING FOR GROUNDS FOR DENIAL; PROVIDING OR APPEAL FROM DENIAL OF LICENSE; PROVIDING REVOCATION OF LICENSE; REQUIRING DISPLAY OF LICENSE; PROVIDING FOR UNCLASSIFIED CATEGORIES; REQUIRING OCCUPATIONAL LICENSES FOR BUSINESS USES CONDUCTED FROM RESIDENTIAL HOMES; ESTABLISHING OCCUPATIONAL TAX SCHEDULE LICENSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPLACEMENT OF OCCUPATIONAL TAX PROVISIONS PROVIDED BY METRO-DADE COUNTY CODE SEC. 8A-224, ET SEQ. AND AN EFFECTIVE DATE. B. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR A BUILDING MORATORIUM ON ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS UPON CLASS "C" COMMERCIAL ADVERTISING SIGNS (INCLUDING BILLBOARDS) WITHIN THE CITY LIMITS OF THE CITY OF AVENTURA; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPLACEMENT OF MORATORIA PROVISIONS OF SECTION 33-319, ET SEQ. OF THE METROPOLITAN DADE COUNTY CODE FOR THE CLASS "C" SIGN MATTERS ADDRESSED HEREIN. A motion to approve the ordinance was offered by Councilmember Beskin and seconded by Councilmember Perlow. The motion passed unanimously by roll call vote. C. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING A PORTION OF THE SIGN CODE OF AVENTURA, FLORIDA, PROVIDING FOR THE REGULATION OF TEMPORARY POLITICAL SIGNS; PROVIDING FOR REMOVAL OF IMPROPER SIGNS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTIES; PROVIDING FOR REPLACEMENT OF COUNTY TEMPORARY POLITICAL SIGN REGULATIONS; PROVIDING FOR AN EFFECTIVE DATE. A motion to approve the ordinance was offered by Councilmember Beskin and seconded by Councilmember Holzberg. Councilmember Beskin moved to amend the ordinance to include in Section 1.03(b) "unimproved lots." The amendment was seconded by Councilmember Perlow and unanimously passed. Councilmember Cohen moved to amend the ordinance to provide an effective date of January 1, 1997. The amendment was seconded by Councilmember Perlow and unanimously passed. Councilmember Perlow moved to provide in the ordinance that no political signs may be put up prior to 60 days before the primary election. The amendment was seconded by Councilmember Cohen and passed 4-1, with Councilmember Holzberg voting no. Vice Mayor Rogers-Libert moved to amend the ordinance to include a "whereas" clause provding that Council understands that all rules and regulations of condominium associations must be adhered to with respect to these regulations. The motion was seconded by Councilmember Holzberg and unanimously passed. After unanimous roll call vote, the ordinance, as amended, was passed on first reading. D. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, SELECTING THE FIRM OF O'LEARY DESIGN ASSOCIATES, P.A. TO PERFORM PROFESSIONAL LANDSCAPE ARCHITECT SERVICES FOR THE CITY; ACCEPTING AND OTHERWISE AUTHORIZING THE CITY MANAGER OF THE CITY OF AVENTURA FLORIDA, ON BEHALF OF SAID CITY, TO NEGOTIATE THE TERMS AND FEES FOR SAID WORK; AUTHORIZING NEGOTIATION WITH ALTERNATE FIRMS TO PERFORM THE REQUIRED SERVICES SHOULD NEGOTIATIONS WITH SELECTED FIRM BE UNSUCCESSFUL; AND PROVIDING AN EFFECTIVE DATE. A motion to adopt the resolution was offered by Councilmember Beskin and seconded by Councilmember Holzberg. The motion passed unanimously and Resolution No. 96-24 was adopted. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, SELECTING THE FIRM OF KEITH AND SCHNARS, P.A. TO PERFORM GENERAL PROFESSIONAL ENGINEERING SERVICES FOR THE CITY; SELECTING THE FIRM OF C.A.P. ENGINEERING SERVICES TO PERFORM BUILDING INSPECTION SERVICES; AUTHORIZING THE CITY MANAGER OF THE CITY OF AVENTURA, FLORIDA, ON BEHALF OF SAID CITY, TO NEGOTIATE THE TERMS AND FEES FOR SAID WORK; AUTHORIZING NEGOTIATION WITH ALTERNATE PROFESSIONAL ENGINEERING FIRMS TO PERFORM THE REQUIRED SERVICES SHOULD NEGOTIATIONS WITH SELECTED FIRM BE UNSUCCESSFUL; AND PROVIDING AN EFFECTIVE DATE. A motion to adopt the resolution was offered by Councilmember Beskin and seconded by Councilmember Holzberg. The motion passed unanimously and Resolution No. 96-25 was adopted. Council directed the City Manager to issue a new RFP for building department services by January 1, 1997. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, DESIGNATING THE RHODES INSURANCE GROUP AS THE CITY'S GROUP INSURANCE BROKER/CONSULTANT; AUTHORIZING THE CITY MANAGER OF THE CITY OF AVENTURA, FLORIDA, ON BEHALF OF SAID CITY, TO EXECUTE AN AGENT OF RECORD LETTER; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. A motion to adopt the resolution was offered by Councilmember Holzberg and seconded by Councilmember Beskin. The motion passed unanimously and Resolution No. 96-26 was adopted. After a brief recess, the meeting resumed at 7 p.m. 8. PUBLIC HEARINGS: A. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA IMPLEMENTING THE PROVISIONS OF SECTION 286.0115, FLORIDA STATUTES, (1995) TO ESTABLISH A PROCEDURE GOVERNING EX PARTE COMMUNICATIONS WITH LOCAL PUBLIC OFFICIALS CONCERNING QUASI-JUDICIAL MATTERS; PROVIDING ADOPTION OF QUASI-JUDICIAL HEARING PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Rogers-Libert opened the public hearing. A motion to enact the ordinance was offered by Councilmember Beskin and seconded by Councilmember Holzberg. Mr. George Berlin, 1940 NE 194th Drive, North Miami Beach, addressed Council. There being no further speakers, the Vice Mayor closed the public hearing. The motion passed unanimously by roll call vote and Ordinance No. 96-09 was enacted. B. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE CREATION OF THE CITY OF AVENTURA BEAUTIFICATION, RECREATION AND CULTURAL ARTS ADVISORY BOARD; PROVIDING FOR CREATION, COMPOSITION AND QUALIFICATIONS; TERM OF OFFICE; ADVISORY CAPACITY; RULES OF PROCEDURE; JURISDICTION, PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Vice Mayor Rogers-Libert opened the public hearing. A motion to enact the ordinance was offered by Councilmember Holzberg and seconded by Councilmember Cohen. Mr. George Berlin and Mr. Lionel Sokolov, 3530 Mystic Point Drive, addressed Council, after which time the public hearing was closed. The motion passed unanimously by roll call vote and Ordinance No. 96-'10 was enacted. 9. RESOLUTIONS: None. 10. REPORTS: MAYOR AND COUNCIL: After motion made by Councilmember Cohen, seconded by Councilmember Perlow and unanimously passed, Mayor and Council reports were tabled. CITY MANAGER: Mr. Soroka updated Council as to hurricane evacuation pick-up points, FPL street lighting accounts and introduced Jaye M. Epstein as the City's Director of Community Development. Mr. Weiss updated Council as to the status of legal services provided to the City to date. 11. OTHER BUSINESS: The following resolution was read by title and considered by Council: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AMENDING RESOLUTION NO. 96-18 WHICH DID ADOPT THE COMPREHENSIVE COUNCIL MEETING AND AGENDA PROCEDURES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion to adopt the resolution was offered by Councilmember Beskin and seconded by Councilmember Perlow. After extensive discussion, a motion to table the resolution was offered by Councilmember Beskin, seconded by Councilmember Holzberg and unanimously passed. The following members of the public addressed Council: Mr. George Feffer, 2851 NE 183rd Street; Mr. Lionel Sokolov, Mr. George Berlin and Mr. Paul Libert, 21155 Helmsman Drive #M14. 13. ADJOURNMENT: There being no further business to come before Council, after motion made, seconded and unanimously passed, the meeting adjourned. Approved by Council on the 20th day of August, 1996 Respectfully submitted: Arthur I. Snyder, Mayor Teresa M. Smith, Acting City Clerk Anyone wishing to appeal any decision made by the City Council with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, made 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. 7 MINUTES CITY COUNCIL MEETING CITY OF AVENTURA, FLORIDA THURSDAY, AUGUST 1, 1996 - 9 A.M. AVENTURA GOVERNMENT CENTER 2999 N.E. 191ST STREET SUITE 500 AVENTURA, FLORIDA 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Arthur Snyder at 9 a.m. Present were Councilmembers Arthur Berger, Jay Beskin, Ken Cohen, Jeffrey Perlow, Vice Mayor Patricia Rogers-Libert, Mayor Arthur Snyder, City Manager Eric M. Soroka, City Attorney Richard Weiss and Acting City Clerk Teresa M. Smith. Councilmember Harry Holzberg was absent. As a quorum was determined to be present, the meeting commenced. 2. Resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA ESTABLISHING A PROPOSED MILLAGE RATE FOR THE 1996197 FISCAL YEAR; PROVIDING FOR THE DATE, TIME AND PLACE OF THE PUBLIC HEARING TO CONSIDER THE PROPOSED MILLAGE RATE AND TENTATIVE BUDGET; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Soroka recommended that Council adopt a millage rate of 2.2270 for the fiscal year 1996/97. A motion to adopt the Resolution was offered by Vice Mayor Rogers-Libert and seconded by Councilmember Cohen. The motion passed unanimously and Resolution No. 96-27 was adopted. The dates of the public hearing to consider the proposed millage rate and tentative budget were announced as September 5, 1996 at 7 p.m. and September 19, 1996 at7 p.m. 3. A motion to appoint Teresa M. Smith as City of Aventura's City Clerk was offered by Vice Mayor Rogers-Libert and seconded by Councilmember Perlow. The motion passed unanimously. 4. Mr. Soroka advised Council as to the status of the negotiations with Dade County for the Interlocal Agreement. Council then discussed the Planning and Zoning Board and possible amendments to be made to the ordinance establishing the Planning and Zoning Board prior to second reading. 5. Adjournment. There being no further business to come before Council, after motion made, seconded and unanimously passed, the meeting was adjourned. Approved by Council on the 20th day of August, 1996 Respectfully submitted: Arthurl. Snyder, Mayor Teresa M. Smith, CMC, City Clerk Anyone wishing to appeal any decision made by the City Council with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF AVENTURA TO: FROM: DATE: SUBJECT: CITY COUNCIL MEMORANDUM City Council Eric M. Soroka, Cit er August 12, 1996 Ordinance Establishing the City's Code Enforcement Process 1st Reading August 20, 1996 City Council Agenda Item ? ~r 2nd Reading September 4, 1996 City Council Agenda Item__ Recommended It is recommended that the City Council adopt the attached Ordinance which establishes the Code Enfomement Process for the City. In order to expedite the effective date for the City assuming code enforcement functions the preparation of this Ordinance has been fast tracked. This City Code Compliance Division will respond to possible code violations and preserve the character of the community. Backqround One of the Council's priorities and goals is to establish code enforcement services by October 1, 1996. The Code Compliance Division is contained in the Community Development Department. A Code Compliance Officer has been hired and a vehicle has been purchased. The next step is to establish the City's Code Enforcement Process. The attached Ordinance creates the City's Code Enforcement Process. The major points of the Ordinance are as follows: 1. The Ordinance adopts the procedures specified in Chapter 162 of the Florida Statues. 2. The following outlines the process that will be utilized: a) The Code Compliance Officer issues a warning to the violator which specifies a reasonable time period to correct the violation. b) If after the time period has expired, the violation has not been corrected, a Notice of Violation is issued to the violator which specifies a reasonable time period to correct the violation. c) After the violation has not been corrected, the matter is set for a hearing. d) A violator may pay the civil penalty and correct the violation or request a hearing to appeal the decision of the Code Compliance Officer. e) The hearing shall be before a Special Master appointed by the City and who is a resident of the City. f) If the Special Master finds the violator guilty, a civil penalty will be assessed along with the administrative cost of the hearing. In addition, a date will be established by which the violation must be corrected to prevent resumption of continuing violation penalties. 3. Adopts the county's schedule of fines and penalties. This will be modified once the City enacts its City Code sections. 4. If the matter is deemed to present a serious threat to the public health, safety or welfare, a Notice of Violation may be issued, bypassing the warning process. 5. If it is a repeat violation, a Notice of Violation without a reasonable time to correct the violation may be issued. 6. For each day of a continuing violation, an additional penalty in the same amount as prescribed in the original violation shall be added. 7. Repeat violations shall be assessed a double penalty amount. 8. The City may institute proceedings in a court to compel payment of civil penalties. The order imposing a civil penalty may be recorded in the public records and shall constitute a lien against the property. The City may foreclose or otherwise execute on the lien. 10. An aggrieved party, including the City, may appeal a Final Order of the Special Master. In order to educate the community relating to potential code violations, the Community Development Department will initially issue only warnings to violators during the first 60 days for those violations that do not constitute a public health or safety concern. If you have any questions, please feel free to contact me. EMS/Ih Attachment CC0061-96 CITY OF AVENTURA NOTICE OF VIOLATION CODE COMPLIANCE DIVISION Case Number O MONTH I N J DAY YEAR BUSINESS/VIOLATOR NAMES: TIME BUSINESSNIOLATOR ADDRESS: LOCATION OF VIOLATION: AT IN THE CITY OF AVENTURA, DADE COUNTY, FLORIDA WHICH IS A VIOLATION OF: BUILDING [] / ZONING ~ / PUBLICWORK [] / LICENSES [] / ELECTRICAL [] PLUMBING [] / MECHANICAL [] / OTHER ~] CITY ORDINANCE NO: COUNTY ORDINANCE NO: STATE STATUE NO: D/L SS# VEHICLE I.D.NO. VEHICLE MAKE, YEAR, TAG or other I.D. REQUIREMENTS FOR CORRECTIONS: STOPWORK [] / OBTAIN BUILDING PERMIT [] / OBTAIN OCCUPATIONAL LICENSE [] OBTAINP.W. PERMIT L] / CLEAN/CLEARLOT [] / REMOVE TRASH/ GARBAGE [] REMOVE VEHICLE OR BOAT [] / OTHER [] MUST BE CORRECTED BY: 72HOURS [] ! 5DAYS [] ! 10DAYS [] ! 15DAYS [] /30DAYS [] FROM ABOVE DATE OF VIOLATION FIRSTVIOLATION [] / REPEAT OFFENSE [] THE VIOLATION FOR WHICH YOU ARE CHARGED IS a NON-CRiMINAL OFFENSE. YOUR SIGNATURE DOES NOT CONSTITUTE AN ADMISSION OF GUILT. IT DOES INDICATE A PROMISE TO PAY THE APPLICABLE FINE OR REQUEST TO APPEAR AT A HEARING BEFORE A SPECIAL MASTER AT AVENTURA, FL. SUBMIT THE FINE AS SCHEDULED WITHIN DAYS OF ISSUANCE BY MAIL OR IN PERSON ATt AVENTURA, FL 33180. YOU HAVE THE RIGHT TO REQUEST A HEARING BEFORE A SPECIAL MASTER. THIS REQUEST MUST BE IN WRITING AND RECEIVED BY . PAYMENT MAY BE MADE BY MAIL IN THE FORM OF CASHIERS CHECK OR MONEY ORDER. DO NOT MAIL CASH RECEIVED BY CODE ENFORCEMENT OFFICER'S SIGNATURE OFFICER ID. NO. HOW POSTED DATE / CER~:IFIED MAILE--'~'-~. ORDINANCE NO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF THE CITY'S CODE ENFORCEMENT PROCESS; PROVIDING FOR DEFINITIONS; PROVIDING FOR CIVIL OFFENSES AND PENALTIES; PROVIDING FOR QUALIFICATIONS OF AND POWERS OF SPECIAL MASTERS; PROVIDING FOR THE CITY A'I-rORNEY TO SERVE AS COUNSEL; PROVIDING FOR AUTHORITY TO INITIATE ENFORCEMENT PROCEDURES; PROVIDING FOR ENFORCEMENT PROCEDURES; PROVIDING FOR CONTENTS AND SERVICE OF WARNINGS AND NOTICES; PROVIDING FOR RIGHTS OF VIOLATORS; PROVIDING FOR SCHEDULING AND CONDUCT OF HEARING; PROVIDING FOR CIVIL PENALTIES AND RECOVERY OF UNPAID CIVIL PENALTIES; PROVIDING FOR APPEALS OF SPECIAL MASTER'S ORDER; PROVIDING FOR SUPPLEMENTAL PROVISIONS; PROVIDING FOR ADDITIONAL ENFORCEMENT POWERS; PROVIDING FOR A SCHEDULE OF CIVIL PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPLACEMENT OF CODE ENFORCEMENT PROVISIONS PROVIDED BY METRO DADE COUNTY CODE SEC 8CC, ET. SEQ. AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council, upon the recommendation of the City Manager, deems it necessary and a priority to expedite the establishment of the City's code enforcement operations, and WHEREAS, the City Council has determined that it is in the best interest of the City to adopt an Ordinance outlining and implementing the Code Enforcement Process to be utilized to achieve compliance and preserve the character of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Code Enforcement Process. This Ordinance shall establish the code enforcement process to be utilized by the City of Aventura. The City Manager or his designee shall establish administrative procedures to implement the requirements of this Ordinance. Section 2. Definitions. The following words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Code means collectively the City Code of Ordinances and applicable sections of the County Code as made applicable to the City pursuant to section 8.03 of the City Charter. Code Enfomement or Compliance Officer means any authorized agent or employee of the City whose duty it is to ensure compliance with the Code. Continuing Violation means a violation which remains uncorrected beyond the time period for correction contained in either the civil violation Notice or the final order of the Special Master, whichever is applicable. Manager means the City Manager. Notice means a civil violation Notice issued to a Violator in accordance with the provisions of this Ordinance. Repeat Violation means a violation of a provision of the Code by a person whom the Special Master has previously found to have violated the same provision of the Code. A Repeat Violation can occur only after correction of the previous violation has been made. Shall. The word "shall" is always mandatory and not merely directory. Special Master means a person appointed pursuant to Section 4. Uncorrectable Violation means a violation which is irreparable or irreversible in nature and which cannot be remedied after the violation has been committed because the violation constitutes a single prohibited act rather than an ongoing condition or circumstance. Violator means that person responsible for a violation of the Code. Warning means a written Warning issued to a Violator in accordance with the provisions of this Ordinance. Section 3. Civil offenses and penalties. A violation of the Code, as enfirced pursuant to this Ordinance, shall constitute a civil offense punishable by civil penalty in the amount prescribed in Section 18, as may be modified in accordance with Section 13. Section 4. Qualifications of Special Masters; appointment and removal; compensation. (a) Appointments of Special Masters shall be made by the City Manager as needed on the basis of experience or interest in code enforcement. Such appointments shall be submitted to the Council for ratification. (b) Special Masters shall be residents of the City and shall possess outstanding reputations for civic pride, interest, integrity, responsibility and business or professional ability. (c) Appointments shall be made for a term of one year. Special Masters may be reappointed at the discretion of the City Manager, subject to ratification by the Council. (d) Special Masters shall not be City employees but may be compensated at a rate to be determined by administrative order of the City Manager. Section 5. Powers of Special Masters. Special Masters shall have the power to: (1) Adopt rules for the conduct of hearings. (2) Subpoena Violators and witnesses for hearings; subpoenas shall be served by the City Police Department or by the City staff. (3) Subpoena evidence to hearings. (4) Take testimony under Oath. (5) Assess and order the payment of civil penalties as provided in this Ordinance. (6) Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance. Section 6. City Attorney to serve as counsel. The City Attorney shall provide legal advice to the Special Masters. If an appeal is taken pursuant to Section15, the City Attorney shall represent the City at such proceedings. Section 7. Authority to initiate enforcement proceedings. Code Enfomement Officers shall have the authority to initiate code enfomement proceedings as provided in Section 8. Special Masters shall not have such authority. Section 8. Enforcement procedures. (a) A Code Enforcement Officer who finds a violation of the Code shall issue a Warning to the Violator stating that the Violator has committed a violation of the Code and shall specify a reasonable time period within which the Violator must correct the violation. This determination shall be based on consideration of fairness; practicality; ease of correction; ability to correct; severity of violation; nature, extent, and probability of danger or damage to the public and promote, protect, and improve the health, safety and welfare of the citizens; and other relevant factors relating to the reasonableness of the time period prescribed. (b) If, upon personal investigation, a Code Enforcement Officer finds that the Violator has not corrected the violation within the time period specified in the Warning, the Code Inspector shall issue a Notice to the Violator stating that the Violator has committed a violation of the Code and shall determine a reasonable time period within which the Violator must correct this violation. (c) If, upon personal investigation, a Code Enforcement Officer finds that the Violator has not corrected the violation within the time period specified in the Notice, the Code Enforcement Officer shall notify the City Manager or his designee in writing and may request a hearing. (d) If the Code Enforcement Officer has reason to believe a violation presents a serious threat to the public health, safety or welfare, or if the violation is an Uncorrectable Violation, the Code Enforcement Officer need not give the Violator a Warning and may issue a Notice requiring immediate correction of the violation. The Code Enforcement Officer shall make a reasonable effort to notify the Violator and may immediately notify the City Manager or his designee and request a hearing. (e) If a Code Enforcement Officer finds a Repeat Violation, the Code Enforcement Officer shall issue a Notice to the Violator but is not required to give a reasonable time to correct the violation. The Code Enforcement Officer, upon notifying the Violator of a Repeat Violation, shall notify the City Manager or his designee and request a hearing. Section 9. Contents and service of Warninq. (a) A Warning shall include the following: (1) Date and time of issuance. (2) Name of Code Enforcement Officer issuing the Warning. (3) Name and address of the Violator. (4) The section of the Code that has been violated. Brief description of the nature of the violation, including location, date and time of violation. (6) Amount of the civil penalty for which the Violator may be liable. (7) Time within which the violation must be corrected. (8) Statement that the failure to correct the violation by the time period indicated in the Warning will result in the issuance of a Notice. 4 (b) Service of the Warning to the Violator shall be effected by hand delivery to the Violator; by leaving the Warning at the Violator's usual place of residence with any person residing therein who is 15 years of age or older and informing such person of the contents of the Warning; by certified mail, return receipt requested, to the Violator's usual place of residence; or by posting the Warning in a conspicuous place on the premises or real property upon which the violation was observed. The posting of the Warning shall be deemed proper service, and the time for compliance stated in the Warning shall commence with the date of such posting. .Section 10. Contents and service of Notice. (a) A Notice shall include: (1) Date and time of issuance. (2) Name of Code Enforcement Officer issuing the Notice. (3) Name and address of the Violator. (4) The section of the Code that has been violated. (5) Brief description of the nature of the violation, including location, date and time of violation. (6) Amount of the civil penalty for which the Violator may be liable. (7) Instructions and date for paying the civil penalty or for filing a request for an administrative hearing before a Special Master to appeal the civil penalty. (8) Time within which the violation must be corrected. (9) A statement that each day of continued violation after the time period for correction has run shall be deemed a Continuing Violation subject to an additional penalty in the same amount without the need for additional Notices. (10) A statement that the filing of a request for an administrative hearing will toll the accrual of Continuing Violation penalties. (11) A statement that failure to request an administrative hearing within 20 days after service of the Notice shall constitute a waiver of the Violator's right to an administrative hearing before the Special Master, and that such waiver shall constitute an admission of the violation, and that in such case, judgment may be entered against the Violator for the amount of the civil penalty. 5 (12) A statement that the Violator may be liable for the reasonable administrative hearing costs should he be found guilty. (b) Service of the Notice to the Violator shall be effected by hand delivery to the Violator; by leaving the Notice at the Violator's usual place of residence with any person residing therein who is 15 years of age or older and informing such person of the contents of the Notice; by certified mail, return receipt requested, to the Violator's usual place of residence; or by posting the Notice in a conspicuous place on the premises or real property upon which the violation was observed. The posting of the Notice shall be deemed proper service, and the time for compliance stated in the Notice shall commence with the date of such posting. Section 11. Ri,qhts of Violators; payment of fine; riqht to appeal; failure to pay and correct or to appeal. (a) A Violator who has been served with a Notice shall elect either to: (1) Pay the civil penalty in the manner and within the time indicated on the Notice and correct the violation within the time specified on the Notice; or (2) Request an administrative hearing before a Special Master to appeal the decision of the Code Enforcement Officer which resulted in the issuance of the Notice. (b) An appeal of the Notice shall be accomplished by filing a request in writing to the address indicated on the Notice, not later than 20 calendar days after the service of the Notice. (c) If the named Violator, after Notice, fails to pay the civil penalty and correct the violation within the time specified, or to timely request an administrative hearing before a Special Master, the Special Master shall be informed of such failure by report from the Code Enforcement Officer. Such report shall be by affidavit of the Code Enforcement Officer. Failure of the named Violator to appeal the decision of the Code Enforcement Officer within the prescribed time period shall constitute a waiver of the Violator's right to administrative hearing before the Special Master. A waiver of the right to administrative hearing shall be treated as an admission of the violation, and penalties may be assessed accordingly. Section 12. Schedulinq and conduct of hearinq. (a) Upon receipt of a named Violator's timely request for an administrative hearing or a written hearing request from the Code Enforcement Officer as provided for in Section 8, the City Manager or his designee shall set the matter down for hearing on the next regularly scheduled hearing date or as soon thereafter as practicable. 6 (b) The City Manager or his designee shall send a notice of hearing by first class mail to the named Violator at his last known address. The notice of hearing shall include but not be limited to the following: (1) Name of the Code Enforcement Officer who issued the Notice. (2) Factual description of the alleged violation. (3) Date of the alleged violation. (4) Section of the Code allegedly violated. (5) Place, date and time of the hearing. (6) Notice of the right of the Violator to be represented by an attorney. (7) Right of the Violator to present evidence and witnesses, and to cross examine witnesses. (8) Notice that failure of the Violator to attend the hearing may result in civil penalty and. administrative hearing costs being assessed. (9) Notice that requests for continuances will not be considered if not received by the Special Master at least ten calendar days prior to the date set for the hearing. (c) The City Manager or his designee shall call hearings on a monthly basis or upon the request of the Code Enforcement Officer. No hearing shall be set sooner than 20 calendar days from the date of service of the Notice. (d) A hearing date shall not be postponed or continued unless a request for continuance, showing good cause for such continuance, is received in writing by the Special Master at least ten calendar days prior to the date set for the hearing. (e) All hearings of the Special Master shall be open to the public. All testimony shall be under Oath. Assuming proper notice, a hearing may proceed in the absence of the named Violator. (f) The proceedings at the hearing shall be recorded and may be transcribed at the expense of the party requesting the transcript. (g) The City Clerk shall provide clerical and administrative support as may be reasonably required by each Special Master for the proper performance of his duties. (h) Each case before a Special Master shall be presented by the City Manager or his designee. 7 (i) The hearing need not be conducted in accordance with the formal rules relating to evidence and witnesses, but fundamental due process shall be observed and shall govern the proceedings. Any relevant evidence shall be admitted if the Special Master finds it competent and reliable, regardless of the existence of any common law or statutory rule to the contrary. (j) Each party shall have the right to call and examine witnesses; to introduce exhibits; to cross examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called that witness to testify; and to offer rebuttal of the evidence. (k) The Special Master shall make findings of fact and conclusions of law based on evidence of record. In order to make a finding upholding the Code Enforcement Officer's decision, the Special Master must find that a preponderance of the evidence indicates that the named Violator was responsible for the violation of the relevant section of the Code. (I) The time for correction given by the Code Enforcement Officer to the named Violator and contained in the Notice is rebuttably presumed to have been a reasonable time for correction. Upon presentation of relevant evidence by the named Violator that the time for correction was not reasonable; however, the Special Master may make a redetermination as to reasonableness of the time for correction contained in the Notice. The Special Master may not make a determination that the time given for correction in the Notice was unreasonable unless the time given for correction has not yet run at the time the Special Master makes his decision. If the Special Master determines that the time given for correction was insufficient, the penalty for a Continuing Violation shall be calculated from the date determined by the Special Master to be a reasonable date for correction. (m) If the named Violator is found guilty of the violation, he may be held liable for the reasonable cost of the administrative hearing, at the discretion of the Special Master. (n) The fact-finding determination of the Special Master shall be limited to whether the violation alleged did occur, and, if so, whether the person named in the Notice may be held responsible for that violation. Based upon this fact-finding determination, the Special Master shall either affirm or reverse the decision of the Code Enforcement Officer. The Special Master may also modify the decision of the Code Enforcement Officer as to the time for correction contained in the Notice, subject to the provisions of subsection (I) of this section. If the Special Master reverses the decision of the Code Enforcement Officer and finds the named Violator not responsible for the Code violation alleged in the Notice, the named Violator shall not be ~iable for the payment of any civil penalty, absent reversal of the Special Master's findings pursuant to Section 15. (o) A decision of the Special Master affirming the decision of the Code Enforcement Officer shall include the following elements: (1) Amount of civil penalty. (2) Administrative costs of hearing. (3) Date by which the violation must be corrected to prevent resumption of Continuing Violation penalties, if applicable. (p) A Special Master shall postpone a hearing if the named Violator, prior to the scheduled hearing date, files with the duly authorized City board of appropriate jurisdiction, if any, an administrative appeal concerning the interpretation or application of the Code provisions upon which the alleged violation was based. However, once an issue has been determined by a Special Master in a specific case, that issue may not be further reviewed by a City board in that specific case. (q) Upon exhaustion of a timely filed administrative appeal and finalization of the administrative order by the duly authorized City board of appropriate jurisdiction, the Special Master may exercise all powers given to him by this Ordinance. The Special Master shall not, however, exercise any jurisdiction over such alleged Code violations until the time allowed for court appeal of the ruling of such board has lapsed or until such further appeal has been exhausted. (r) The Special Master shall be bound by the interpretations and decisions of duly authorized City boards concerning the provisions of the Code within their respective jurisdictions, if such a board decides that an alleged violation of the Code is not in accordance with such board's interpretation of the Code provision on which the violation is based, the Special Master shall not be empowered to proceed with the enforcement of the violation. .Section 13. Civil penalties and related terms construed. (a) Penalties for violations of the provisions to be enfomed through this Ordinance shall be in the amounts prescribed in the schedule of civil penalties contained in Section 18. (b) For each day of a Continuing Violation, an additional penalty in the same amount as that prescribed for in the original violation shall be added. (c) For the first Repeat Violation, the amount of the civil penalty shall be double the amount of penalty prescribed for the original violation by Section 18. The amount of civil penalty due for each subsequent Repeat Violation shall be double the amount of penalty due for the first day of the immediately preceding violation; provided, that the maximum penalty payable for the first day of any one Repeat Violation shall be $500.00. (d) A Repeat Violation which remains uncorrected beyond the time prescribed for correction in the Notice shall be treated as a Continuing Violation, and the additional penalty for each day of continued violation shall be double the amount due for the first day of the Repeat Violation. (e) Continuing Violation penalties shall accrue from the date of correction given in the Notice until the correction is made or until a request for administrative hearing is filed, whichever comes first. If the named Violator requests an administrative hearing and loses his appeal, the Special Master shall determine a reasonable time period within which correction of the violation must be made, based on the considerations set forth in Section 8(a). If correction is not made within the period set by the Special Master, Continuing Violation penalties shall begin to accrue again after the time for correction has run. (f) Civil penalties assessed pursuant to this Ordinance are due and payable to the City on the last day of the period allowed for the filing of an appeal from the Special Master's decision, or, if a proper appeal is made, when the appeal has been finally decided adversely to the named Violator. Section14. Recovery of unpaid civil penalties; unpaid penalty to constitute a lien; foreclosure. (a) The City may institute proceedings in a court of competent jurisdiction to compel payment of civil penalties. (b) A certified copy of an order imposing a civil penalty may be recorded in the public records and thereafter shall constitute a lien against the property on which the violation exists and upon any other real or personal property owned by the Violator; upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of this State, including levy against the personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. A civil penalty imposed pursuant to this Ordinance shall continue to accrue until the Violator complies or until judgment is rendered in a suit to foreclose on a lien filed pursuant to this Ordinance, whichever occurs first. After three months from the date of filing of any such lien which remains unpaid, the City may foreclose or otherwise execute on the lien. (c) No lien provided under this Ordinance shall continue for a period longer than 20 years after the certified copy of an order imposing a fine has been recorded, unless within that time an action to foreclose on a lien is commenced in a court of competent jurisdiction. In an action to foreclose on a lien, the prevailing party may recover interest and all costs, including a reasonable attorney's fee, incurred in the foreclosure. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, 10 unless a notice of lis pendens is recorded. Section. 15. Appeals of Special Master's order. (a) An aggrieved party, including the City, may appeal a final order of a Special Master to the Circuit Court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the Special Master. An appeal shall be filed within 30 calendar days of the issuance of the order sought to be overturned. Failure to make such appeal within the prescribed 30-day period shall render the findings of the Special Master conclusive, binding and final. (b) Unless the findings of the Special Master are overturned in a proceeding held pursuant to subsection (a) of this section, findings of the Special Master shall be admissible in any proceeding to collect unpaid penalties. (c) No aggrieved party other than the City may apply to the Court for relief unless such party has first exhausted the remedies provided for in this Ordinance and has taken all available steps provided in this Ordinance. It is the intention of the City that all steps provided by this Ordinance shall be taken before any application is made to the Court for relief; and no application shall be made by any aggrieved party other than the City to a court for relief except from an order issued by a Special Master pursuant to this Ordinance. It is the intention of the City that, notwithstanding anything in this Ordinance to the contrary, the City shall retain all rights and remedies otherwise available to it to secure compliance with or prevent violations of the Code. For purposes of an appeal, the City Clerk shall make available, for public inspection and copying, the record upon which each final order of a Special Master is based. The City Clerk shall make a reasonable charge commensurate with the cost for the preparation of the official record on appeal and transmittal thereof to the Circuit Court and for making certified copies of any record or portion thereof. Section 16. Ordinance provisions are supplemental. Nothing contained in this Ordinance shall prohibit the City from enforcing its Code by any other means. The enforcement procedures outlined in this Ordinance are cumulative to all others and shall not be deemed to be prerequisites to filing suit for the enforcement of any section of this Code. Section 17. Additional enforcement powers. In addition to the powers and authority given to the Special Masters for the City pursuant to this Ordinance, the City may, in its discretion, exercise any powers given to municipalities or their Special Masters by F.S. ch. 162, as amended. .Section 18. Schedule of civil penalties. (a) The following table outlines the sections of the Code, as they may be amended from time to time, which may be enforced pursuant to the provisions of this 11 Ordinance, and the dollar amount of civil penalty for the violation of these sections as they may be amended. Each "Description of Violation" below is for informational purposes only and is not meant to limit or define the nature of the violation or the subject matter of the listed Code sections. To determine the exact nature of the activity proscribed or required by the Code, the relevant Code section must be examined. (b) The following is the schedule of civil penalties. Code Section Description of Violation Civil Penalty (RESERVED) (c) For violations of any section of this Code for which a specific penalty is not prescribed in this section, a penalty shall be imposed which shall not exceed $250.00 per day for a first violation and shall not exceed $500.00 per day for a Repeat Violation. For the purposes of Continuing Violations, each day shall constitute a separate violation. Section 19. 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. Section 20. Replacin.q County Code Provisions. Pursuant to City Charter Sec. 8.03, the provisions of Sec. 8CC, Et. Seq. Of the County Code are hereby replaced by this ordinance. This shall not impair any prosecutions which are pending under Sec. 8CC. Section21. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. 12 The foregoing Ordinance was offered by Councilmember who moved its adoption on first reading. This motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger Councilmember Jay Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey Perlow Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder The foregoing Ordinance was offered by Councilmember ., who moved its adoption on second reading. This motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger Councilmember Jay Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey Perlow Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this PASSED AND ADOPTED on second reading this day of August, 1996. day of September, 1996. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EMS/ne Code Enforcement Process 13 CITY OF AVENTURA OFFICE OFTHEClTY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council Eric M. Soroka, Ci~nag ~=r August 15, 1996 ~ Interim Cable Television Ordinance Ist Reading August 20, 1996 City Council Agenda Item '~ 2nd Reading September 4, 1996 City Council Agenda Item Recommendation It is recommended that the City Council adopt the attached Ordinance which creates an Interim Cable Television Ordinance and Cable Television Franchise Application. The Ordinance accomplishes the following: · Allows the City to begin collecting revenues from cable operators using the City's rights of way on an expedited basis. · Provides procedures for applications for cable television franchises. · Provides the City with certain protection with respect to insurance, indemnification and bonding. Backqround As previously reported to the Council, the City has retained the firm of Leibowitz & Associates, P.A. to prepare an interim Cable Television Ordinance. This item was expedited to insure the City's right with regard to cable franchises and fees. The City is responsible for the management and preservation of the City's rights-of-way. The primary purpose of the interim ordinance is to provide a mechanism by which cable operators could continue to have on an interim basis "franchise" type rights of access to the public rights-of-way to operate cable systems and the City could collect franchise fees. In addition, the interim ordinance sets forth applicable procedures and requirements for cable franchises. All operators currently utilizing the city's rights-of-way would be required to complete an application form and to be granted a franchise by the City Council. The final ordinance will be more detailed and establish the "level playing field" rights and obligations applicable to all cable television franchises. The final cable television ordinance will represent a critical regulatory mechanism for the City. If you have any questions, please feel free to contact me. EMS/ne Attachment CC0067-96 Lt[IBO~ITZ ~c ASSOCIATES, P.A. SUITE 1450 SUNTRUST INTERNATIONAL CENTER ONE SOUTHEAST THIRD AVENUE August14,1996 Via Federal Express Eric Soroka City of Aventura, FL 2999 N.E. 191st Street, Suite 500 Aventura, FL 33180 Dear Eric: Enclosed please find the initial draft of the City of Aventura Interim Cable Television Ordinance and Cable Television Franchise Application. The revised draft reflects all comments received from both you and Attorney Wolpin with the exception of the reference to the maximum term of a franchise. I have not included the limitation on the term in the Interim Ordinance 'although this issue will clearly appear in the final Ordinance. The purpose of the Interim Ordinance is to grant only short term rights to operate a cable system, therefore, I would suggest that the ultimate term of a franchise not be an issue for potential applicants to negotiate at this point in time. Please call me to discuss how the City wishes to move forward with this matter. Sincerely, Ila L. Feld Enclosure CC: David Wolpin, Esq. (w/enclosure) City Attorney /hZ RECEIVED AU$ 1 5 1996 OFFICE OF THE CITY MANAGER LEIBOWITZ & ~SSOCIATES, P.J~. August 5, 1996 Via Federal Express Eric Soroka City of Aventura, FL 2999 N.E. 191st Street, Suite 500 Aventura, FL 33180 Dear Eric: Enclosed please find the initial draft of the City of Aventura Interim Cable Television Ordinance and Cable Television Franchise Application. As previously discussed, the primary purposes of the Interim Ordinance are to: (1) allow the City of Aventura to begin collecting revenues from cable operators using the City's rights of way on an expedited basis; (2) provide procedures for applications for cable television franchises; and (3) provide the City with certain protections with respect to insurance, indemnification and bonding. After both you and the City Attomey have had the opportunity to review the document, we · ~ suggest moving forward with adoption of the Ordinance as quickly as possible to allow the ',f revenues at the earliest possible date. '~ to discuss this matter at your convenience. X Sincerely, S Section 14..~ Section 15. A_k RECEIVED AUG 0 8 DRAFT DATE: 08/14/96 CITY OF AVENTURA, FLORIDA INTERIM ORDINANCE TABLE OF CONTENTS Section Section 1. Section 2. Section 3. Section 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. Section 11. Section 12. Section 13. Section 14. Section 15. Page Short Title ........................................................ 2 Creation of Ordinance No ......................................... 2 Definitions ....................................................... 2 Intent and Purposes ............................................... 10 Grant of authority; franchise required ................................. 11 Franchise characteristics ........................................... 12 Subject to other laws, police power ................................... 14 Applications for grant of franchise ................................... 14 .Grant of franchise ................................................ 16 Franchise fee .................................................... 18 Customer service requirements ............................. 21 Use of Streets ................................................... 34 Insurance; Indemnification; Security Fund ............................. 37 Rates ........................................................... 38 Administration ................................................... 39 Section 16. Section 17. Section 18. Section 19. Section 20. Section 21. Section 22. Section 23. Section 24 Force Majeure ................................................... 39 Applicability .................................................... 40 Violations of Ordinance ............................................ 40 Municipal cable system ownership authorized ........................... 41 Reservation of rights .............................................. 41 Repeal of Conflicting Ordinances ................................... 42 Savings ......................................................... 42 Severability ..................................................... 42 Effective Date ................................................... 42 CITY OF AVENTURA, FLORIDA AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING THE INTERIM TERMS AND CONDITIONS FOR THE OPERATION OF CABLE TELEVISION SYSTEMS AND THE APPLICATION, PROCEDURES AND REQUIREMENTS RELATING TO THE GRANT OF FRANCHISES FOR THE CONSTRUCTION, INSTALLATION, OPERATION AND MAINTENANCE OF CABLE TELEVISION SYSTEMS, EQUIPMENT AND FACILITIES IN, ON, ACROSS, ABOVE OR THAT IN ANY MANNER WHATSOEVER USE THE CITY'S PUBLIC RIGHTS OF WAYS AND TO ENSURE THAT USE OF THE CITY'S PUBLIC RIGHTS OF WAYS IS IN THE PUBLIC INTEREST AND IN CONFORMANCE WITH APPLICABLE LAW; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING A SAVINGS CLAUSE AND EFFECTIVE DATE. WHEREAS, effective with the adoption of the Charter of the City of Aventura (the "Charter") on November 7, 1995 , the City of Aventura, Florida was created as a municipal corporation pursuant to the Constitution of the State of Florida and the Home Rule Charter of Metropolitan Dade County; and WHEREAS, the City Council has determined it is in the public interest of the City of Aventura to permit the operation of one or more cable television systems in the City; and WHEREAS, one or more cable operators are occupying the City's public rights of ways and operating cable systems pursuant to licenses granted by Metropolitan Dade County; and WHEREAS, pursuant to Chapter 8AA-16 of the Code of Metropolitan Dade County, cable operators operating in unincorporated areas of the County pay to the county a fee of 5% of the gross revenues and operators in the incorporated areas pay to the County a fee of 3%; and WHEREAS, under federal law, the maximum franchise fee that may be imposed on a cable operator is 5% of the operator's gross revenues; and WHEREAS, the City of Aventura, as now incorporated, is entitled to collect the maximum fee permitted by applicable law less only that amount due to Dade County; and WHEREAS, it is the intent of the City of Aventura to exercise its authority as a local franchising authority to the fullest extent allowed by law; and WHEREAS, pursuant to Section 621 of the Communications Act of 1934, as amended, 47 U.S.C. § 541, a cable operator may not provide cable service without obtaining a franchise from the franchising authority; and WHEREAS, pursuant to Section 4.03 of the Charter, the City Council shall take action to grant, renew, or extend a franchise only by Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Short Title. This Ordinance shall be known and may be cited as City of Aventura, Florida Interim Cable Television Ordinance. Section 2. Creation of Ordinance No. Ordinance No. __ of the City of Aventura, Florida, is hereby created to read as follows: Section 3. Definitions. For the purpose of this Ordinance and any application made pursuant hereto, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural 2 number include the singular number, and words in the singular number include the plural number. The words "shall" and "will" are mandatory, and "may" is permissive. Words not otherwise defined herein or in any franchise agreement that might be granted hereunder shall be given the meaning set forth in the Communications Act of 1934, 47 U.S.C. § 521 et seq., and the Telecommunications Act of 1996, and as those Acts have and may hereinafter be amended (collectively the "Communications Act"), and, if not defined therein, their common and ordinary meaning. A. "Activated Channel" means those channels engineered at the headend of a cable system for the provision of services generally available to residential subscribers of the cable system, regardless of whether such services actually are provided, including any channel designated for public, educational, or governmental use. Channels on which signals flow in the direction from the headend to the subscriber are referred to as "downstream channels". Where the signal flows to the headend for re-distribution, it shall be referred to as an "upstream channel". B. "Access channel" means any channel on a cable system set aside without charge by the cable operator for public, educational and/or local governmental use. C. "Affiliate" means any person which directly or indirectly owns or controls a grantee or Franchisee, any person which a grantee or Franchisee directly or indirectly owns or which it controls, or any person under common ownership or control with a Grantee or Franchisee. "Applicant" means any person submitting an application within the meaning of this Ordinance. E. "Application" means any proposal, submission or request to (1) operate a cable system within the City; (2) construct and install a cable system within the City; (3) transfer a franchise or control of the Franchisee; (4) renew a franchise; (5) modify a franchise; or (6) seek any 3 other relief from the City pursuant to this Ordinance, a franchise agreement, the Communications Act, or other applicable law. An application includes an applicant's initial proposal, submission or request, as well as any and all subsequent amendments or supplements to the proposal and relevant correspondence. F. "Basic Cable Service" or Basic Service" means any service tier which includes the retransmission of local television broadcast signals, and public, educational, or governmental access channels. G. "Business Day" or "Working Day" shall mean any Monday through Saturday, 52 weeks per year. H. "Communications Act" means the Communications Act of 1934, 47 U.S.C. § 151 et seq., as that Act has and may hereinafter be amended. I. "Cable operator" means any person who operates or otherwise controls a cable system within the City. J. "Cable service" means the transmission of video or other programming services over a cable system to subscribers together with any subscriber interaction, if any, which is required for the selection or use of such video programming or other programming services. K. "Cable system," "cable television system," or "system," means any facility consisting of a set of closed transmission paths or other transmission lines or forms of terrestrial transmission and associated signal generation, reception and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within the City. Such term does not include (a) a facility that serves only to retransmit the television signals of one (1) or more television broadcast stations; (b) a facility that serves subscribers without using any public right of way; (c) a facility of a common cartier that is subject, in whole or in part, to the provisions of Title li of the Communications Act of 1934, 47 U.S.C. § 201 et seq., except that such facility will be considered a cable system to the extent it is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on demand services; (d) an open video system that complies with Section 653 of the Telecommunications Act of 1996; or (e) any facilities of any electric utility used solely for operating its electric utility systems. The foregoing definition of "cable system" shall not be deemed to circumscribe the valid authority of the City to regulate the activities of any other communications system or provider of communications services, including but not limited to telephony and open video systems. L. "City"means the City of Aventura, a municipal corporation of the State of Florida, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form. M. "Control of a Franchisee, grantee or applicant" means possession of the ability to direct or cause the direction of the management or policies of a Franchisee, grantee or applicant, or the operation of a Franchisee's system, either directly or indirectly, whether through ownership of voting securities, by contract or understanding, or in any other manner. N. "County" means Metropolitan Dade County. O. "Fair market value" means the price that a willing buyer would pay to a willing seller for a going concern but with no value allocated to the franchise itselfi P. "FCC" means the Federal Communications Commission, or any successor governmental entity thereto. 5 Q. "Franchise" means the right granted by the City to a Franchisee in a franchise agreement to construct, maintain and operate a cable system under, on, and over Streets, roads and any other public ways, rights-of-ways, or easements within all or specified areas of the City. The term does not include any license or permit that may be required by this Ordinance or other laws, ordinances or regulations of the City for the privilege of transacting and carrying on a business within the City or for disturbing or carrying out any work on any Street. R. "Franchise agreement" means a contract entered into in accordance with the provisions of this or any applicable Ordinance between the City and a Franchisee that sets forth the terms and conditions under which the franchise will be exercised. S. "Franchisee" means any person granted a franchise pursuant to this or any applicable Ordinance of the City who has entered into a franchise agreement with the City. T. "Grantee" means any person granted the right to operate a cable system pursuant to this or any applicable Ordinance, but who has not yet entered into a franchise agreement with the City. U. "Gross revenues" means all revenues recognized in accordance with Generally Accepted Accounting Procedures (GAAP) directly or indirectly by the Franchisee and, any affiliates, subsidiaries or parent of the Franchisee from any source whatsoever arising from, attributable to, or in any way derived from the operation of the cable system hi the City. Gross revenues includes, but is not limited to, fees charged subscribers for basic service; fees charged subscribers for any optional, premium, per-channel or per-program service; fees charged subscribers for any tier of service other than basic service; installation, disconnection, reconnection and change-in-service fees; late fees; leased access fees; fees, payments or other consideration from 6 programmers for carriage of programming on the system; revenue from converter, remote, modem or any other equipment rentals or sales; revenues from studio and studio equipment rental; revenues from leases of cable or fiber optic lines and other transmission devices and equipment; revenues from transmission of data; revenues from consumer products including but not limited to cable guides; advertising revenues allocable to the City based on a percentage of subscriber base in the City divided by the subscriber base of the system. Such percentage will then be multiplied by the systems' total advertising revenue to determine the allocable gross revenue stemming from advertising; revenues from home shopping channels or other sources allocable to the City, provided that where certain home shopping channel or other such revenue is allocable to more than one franchise area due to common zip codes, the franchise will allocate the percentage of revenue to the City which is equivalent to the percentage of the City's population divided by the total population for the allocable franchise areas in question; and the sale, exchange or cablecast by the Franchisee of any programming developed on or for access channels or institutional users. Gross revenues shall be the basis for computing the franchise fee imposed pursuant to Section 10 hereof. Gross revenues shall not include any taxes on services furnished by the Franchisee which are imposed upon any subscriber or user by the State, County, City or other governmental unit and collected by the Franchisee on behalf of said governmental unit and which the Franchisee passes on in full to the applicable tax authority or authorities (provided, however, that the Franchise fee shall not be considered such a tax unless and until applicable law as determined by a final non-appealable decision by a court of competent jurisdiction prohibits franchise fees from being included within Gross Revenues or unless a franchise agreement expressly excludes franchise fees from the calculation of gross revenues). V. "Institutional Network" means a voice, data and/or video communications system constructed, operated and/or maintained by the Franchisee for the City, the transmissions on which are generally available only to, and intended to be sent and received by, persons other than cable subscribers generally. W. "Interconnection" means the electronic connection of two or more cable systems for the propose of sharing programming or other services. X. "Law" means all duly enacted and applicable federal, state, county and City laws, ordinances, codes, roles, regulations and orders. Y. "Leased access channel" means a channel designated in accordance with Section 612 of the Communications Act, 47 U.S.C. § 532, for commercial use by persons unaffiliated with the Franchisee. Z. "Overbuild"means a cable system constructed to serve subscribers in an area of the City served by an existing cable system. AA. "Person" means any individual, corporation, parmership, association, joint venture, organization or legal entity of any kind, and any lawful trustee, successor, assignee, transferee or personal representative thereof, but shall not mean the City. BB. "Service Tier" means a category of cable service provided by a Franchisee and for which a separate charge is made by the Franchisee. CC. "State of the Art" shall mean that technology or those services made available on an operational, non-experimental basis to subscribers in any community in the State of Florida by a franchisee or to any community with a population equivalent to or smaller than that of the City of Aventura by a) any system controlled by a parent, affiliate or subsidiary of franchisee within the United States or b) any Multiple System Operator operating a cable system in the State of Florida. DD. "Street or Streets" means the surface, the air space above the surface and the area below the surface of any public street, highway, road, boulevard, concourse, driveway, freeway, thoroughfare, parkway, sidewalk, bridge, tunnel, park, waterway, dock, bulkhead, wharf, pier, court, lane, path, alley, way, drive, circle, easement, or any other public right-of-way or public place, including public utility easements dedicated for compatible uses, or any other property in which the City holds any kind of property interest or over which the City exercises any type of lawful control, and any temporary or permanent fixtures or improvements located thereon, as may be ordinarily necessary and pertinent to construct and operate a cable system. EE. "Subscriber" means any person who lawfully receives cable service delivered over the cable system. FF. "Subscriber base" means the total number of residential and commercial subscribers within the City. For purposes of calculating subscribers under bulk or multi-user contracts, the Franchisee shall count each unit included within a contract for service as one subscriber. Franchisee shall not use any equivalency measures including calculation based on market rate. GG. "System malfunction" means any cable system equipment, facility or signal failure or malfunction that results in the loss of satisfactory service on one or more channels to one or more subscribers. A malfunction is major if it affects ten (t0) or more subscribers. HH. "Transfer of a franchise" means any transaction in which (1) an ownership or other interest in a Franchisee or its cable system is transferred from one person or group of persons to another person or group of persons so that control of a Franchisee is transferred; or (2) the rights and/or obligations held by a Franchisee under a franchise agreement are transferred or assigned to 9 another person, group of persons or business entity. II. "Two-way capability" means the incorporation into a cable system of all appropriate design and engineering characteristics and features so that two-way interactive transmission, including but not limited to addressability, over the system can be implemented and activated. JJ. "Video channel or channel" means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel, including the associated audio signal, as television channel is defined by the FCC by regulation or otherwise. Section 4. Intent and Purposes. A. It is the intent of the City of Aventura to adopt a comprehensive cable television ordinance to provide for the regulation of cable television franchises. However, pending adoption of the comprehensive regulatory Ordinance it is the intent of the City and the purpose of this Interim Ordinance to provide the terms and conditions pursuant to which cable systems shall be granted the right to operate within the City and to set forth the procedures for the application and award of franchises. B. It is the intent of the City and the purpose of this Interim Ordinance to promote the public health, safety, and general welfare by providing an application procedure for the grant of one or more franchises for the operation and/or construction of a cable system within the City; to provide for the regulation to the extent permitted by applicable law, of each cable system within the City in the public interest; to provide for the payment of fees and other valuable consideration by cable operators to the City for the use of Streets by its cable system; to promote the widespread availability of quality cable service to City residents and businesses, the City, and other public institutions; to encourage the development of cable and other communications technologies and cable systems as a means of communication between and among members of the public, City businesses, the City, and other public institutions; to promote competitive cable rates and services; to promote the safe and efficient use of City Streets; to enhance and maximize the communicative potential of Streets used by cable systems; and to encourage the provision of a diversity of information sources to City residents, businesses, the community, the City, and other public institutions by cable technology. C. Recognizing the continuing development of communications technology and uses, it is the policy of the City to encourage competition, experimentation and innovation in the development of cable system uses, services, programming and techniques that will be of general benefit to the community to the extent consistent with applicable laws. Section 5. Grant of authorit¥l franchise required. A. The City may grant one or more franchises in accordance with this Ordinance. B. No person may operate or construct a cable system or any other communications transmission facilities over, on, or under public streets in the City without a franchise granted by the City unless otherwise authorized by law, and no person may be granted a franchise without having entered into a franchise agreement with the City pursuant to this Ordinance or other such Ordinance of the City as shall be applicable. C. Any person operating a system within the City of Aventura, Florida pursuant to a license granted by Metropolitan Dade County, pursuant to Chapter 8AA of the Code of Metropolitan Dade County, shall be granted the right to continue to operate said system in those 3_1 areas being served prior to the effective date of the incorporation of the City of Aventura, prior to entering into a franchise agreement with the City, provided that the grantee, (i) effective with the date of the adoption of this Ordinance, the operator shall pay to the City of Aventura as compensation for use of the public rights of ways, the maximum franchise fee permitted by law less only that amount due to Dade County; (ii) no later than 30 days after the effective date of this Ordinance, the operator shall file with the City, evidence of insurance coverage, a Certificate of indemnification, and shall post a security deposit pursuant to the requirements of Section 13 herein; (iii) no later than 30 days after the effective date of this ordinance, the grantee shall submit to the City an application for the grant of a cable television franchise in the form required by Section 8 herein; (iv) no later than 90 days after the effective date of this ordinance, the grantee shall conform to all customer service standards required by Section 11 herein; and (v) no later than 90 days after the City's adoption of a comprehensive Cable Television Regulatory Ordinance, the grantee shall have obtained a cable television franchise from the City. D. Unless otherwise authorized by law, any right granted pursuant to this Ordinance is solely for the provision of cable service and shall not be construed to authorize the provision of telephone, non-cable video or other telecommunications service. However, any person including but not limited to grantee shall, unless otherwise prohibited by applicable law, submit an application to the City for the privilege of providing other telecommunications services including, but not limited to telephone service and/or non-cable video programming services. Section 6. Franchise characteristics. A. A franchise authorizes use of City Streets for installing cables, wires, lines, optical fiber, underground conduit, ducts, conductors, amplifiers, vaults, and other facilities as necessary 12 and pertinent to operate a cable system within a specified area of the City, but does not expressly or implicitly authorize the Franchisee to provide service to, or install cables, wires, lines, underground conduit, or any other equipment or facilities upon private property without owner consent (except for use of compatible easements pursuant to Section 621 of the Communications Act, 47 U.S.C. § 541(a)(2)), or to use publicly or privately owned conduits without a separate agreement with the owners. B. A franchise is nonexclusive, and will not expressly or implicitly preclude the issuance of other franchises to operate cable systems within the City, or affect the City's right to authorize use of City Streets to other persons to operate cable systems or for other purposes as it determines appropriate. C. The City reserves the right to reasonably designate where a Franchisee's facilities are to be placed within the Streets. D. A franchise shall be a privilege which is in the public trust. No transfer of a franchise shall occur without the prior consent of the City and unless application is made by the Franchisee and City approval obtained pursuant to this or any applicable Ordinance of the City. E. A Franchise granted to an applicant pursuant to an application submitted pursuant this Ordinance to construct, operate and maintain a cable television system within a specified Franchise Territory, shall be deemed to constitute both a right and an obligation on the part of the Franchisee to provide the services and facilities of a cable television system as required by the provisions of applicable Ordinances, of the City of Aventura, and the Franchise. The Franchise Agreement shall incorporate by reference all of the provisions of the Franchisee's application for the Franchise that is finally negotiated and agreed upon by the City and the Franchisee; and, ail 3.3 relevant representations made by the Franchisee in its application and/or public hearings before the City Council shall be deemed to be material and made for the purpose of inducing the City to grant the Franchise in the form accepted. F. Notwithstanding anything to the contrary, in the event that an applicant granted a cable television franchise, its parent, affiliate or subsidiary elects to offer to subscribers video programming services through any means or method not included within the definition of a cable system, including but not limited to an "open video system", Franchisee shall remain subject to all terms and conditions of the cable television Franchise granted by the City. Moreover, the City reserves the right to require a Franchisee offering service over an open video system to maintain such separate books and records as may be required by the City from time to time to the extent not inconsistent with applicable FCC rules and regulations. Section 7. Sub.iect to other laws~ police power. A. Any person operating a cable system in the City shall, at all times, be subject to and shall comply with all applicable Federal, State and local laws, rules and regulations, and shall at all times be subject to all lawful exercise of the police power of the City. B. Subject to applicable law, except as may be specifically provided in this Ordinance or under the terms of a franchise agreement and subject to the Communications Act, the failure of the City, upon one or more occasions, to exercise a right or to require compliance or performance under this Ordinance, a franchise agreement or a license granted by the County shall not be deemed to constitute a waiver.of such right or a waiver of compliance or performance. Section 8. Applications for grant of franchise. A. A written application shall be filed with the City for the grant of a cable television franchise. B. To be acceptable for filing, a signed original of the application shall be submitted together with five (5) copies, be accompanied by the required non-refundable application filing fee in the amount of $7,500, conform to any application forms, applicable request for proposals, and contain all reasonably required information. The purpose of the filing fee is to defray a portion of the City's cost in processing an application. The filing fee is therefore intended to be a charge incidental to the awarding or enforcing of a franchise within the meaning of Section 622(g)(2) (D) of the Communications Act, 47 U.S.C. § 542(g)(2)(D), and may not be deducted from the franchise fee imposed in a franchise agreement. All applications shall include the names and addresses of persons authorized to act on behalf of the applicant with respect to the application. All applications accepted for filing shall be made available by the City for public inspection. D. Ati application for the grant of a franchise shall be submitted by any person operating a cable system in the Cie on the effective date hereof. E. An application for the grant of a new franchise may be filed pursuant to a request for proposals issued by the City or on an unsolicited basis. The City, upon receipt of an unsolicited application, may issue a request for proposals. If the City elects to issue a request for proposals upon receipt of an unsolicited application, the applicant may submit an amended application in response to the request for proposals, or may inform the City that its unsolicited application should be considered in response to the request for proposals, or may withdraw its unsolicited application. An application which does not conform to the reasonable requirements of a request for proposals may be considered nonresponsive and denied on that basis. 15 F. An application for the grant of an initial franchise shall contain, at minimum, the information required in the "City of Aventura Cable Television Franchise Application" attached hereto as Exhibit A. Section 9. Grant of franchise. A. In evaluating an application for franchise, City shall consider among other things the following factors: 1. 2. 3. 4. cable system; 5. The economic impact upon private property within the franchise area; Public need for such franchise, if any; The capacity of public rights of way to accommodate the cable system; The present and future use of the public's rights of way to be used by the The potential disruption to existing users of the public's rights of way to be used by the cable system and the resulting inconvenience which may occur to the public 6. The legal, technical and financial ability of the franchise applicant to perform; Other societal interests as are generally considered in cable television franchising; and 8. Such other additional matters, both procedural and substantive, as the City may in its sole discretion determine to be relevant, including but not limited to the extent to which the proposal of the applicant will meet the anticipated cable related needs and interests of the community and serve the public interest. Evaluation by the City shall not be based on the content of the programming the applicant proposes to provide. B. The City may make the grant of a franchise conditioned upon the completion of 1.6 construction within a reasonably proscribed time or upon the performance and fulfillment of specific terms, which are to be set forth in the franchise agreement specifying that failure to comply with the conditions will cause the franchise to become null and void without further action by the City. C. The City shall hold a public hearing to consider an application or applications. The applicant(s) shall be notified of the heating and shall be given an opportunity to be heard. Based upon the application(s), the testimony presented at the public heating, any recommendations of the City Manager or staff, and any other information relevant to the application(s), the City shall decide by Resolution whether to grant or deny a franchise application(s) and decide the terms and conditions of any franchise(s) granted. Upon the grant of a franchise, the franchisee's application shall become an integral part of said franchise, and the grantee shall be bound by the representations therein made. D. If the City grants a franchise application, the City and the grantee shall agree on the terms of a franchise agreement within forty-five (45) calendar days from the date of the City Ordinance making the grant. This period may be extended for good cause by the City. If agreement is not reached with the City within forty-five (45) calendar days from the date of the City Resolution making the grant, or if the period is not extended by the City, the franchise grant will be null and void without further action by the City. The City may, at its option, grant franchisee a short term extension(s) until a franchise agreement is reached. The grant of such a short term extension(s) will not confer on franchisee the right to an automatic acceptance, transfer, modification or renewal. E. Following at least ten (10) days prior notice to the Grantee and the public, the City Commission may hold a public hearing at which it will receive comment on the proposed franchise agreement. 3.7 F. After complying with the above requirements, the City Council shall approve or disapprove the propose franchise agreement by Resolution, or may direct that it be subject to further negotiation. G. The grant of franchise may be subject to a processing fee in an amount not to exceed the reasonable and justifiable out-of-pocket costs incurred by the City in considering the application, including but not limited to consulting, advertising and legal costs, less the amount of the filing fee set pursuant to Section 8. Within thirty (30) calendar days from the date of the Resolution approving or denying the franchise agreement by the City Council, the City shall notify the Franchisee of the amount of any processing fee and its method of calculation. If the processing fee is not paid to the City within sixty (60) calendar days of the date of the City Council Resolution approving or denying the franchise agreement, any approval granted by such Resolution will be null and void. This processing fee is therefore intended to be a charge incidental to the awarding or enforcing of a franchise within the meaning of Section 622 (g)(2)(D) of the Cable Acct, 47 U.S.C. § 542 (g)(2)(D), and may not be deducted from the franchise fee imposed in a franchise agreement and shall not be passed through to subscribers. Section 10. Franchise fee. A. Grantee, or any person operating a cable system pending issuance of a franchise by the City, as compensation for the privilege of the use of the City's streets to construct and/or operate a cable system, shall pay to the City a franchise fee in an amount up to a maximum of either (1) five percent (5%) of the Grantee's gross revenues derived directly or indirectly from the operation of its cable system within the City during the term of its franchise; or (2) in the event the Communications Act or other applicable law is amended to permit the City to assess a franchise fee of a greater amount than that specified in (I) above, the Grantee agrees to pay to the City the new amount. B. Grantee's payment of the franchise fee to the City shall be reduced only by that amount the Grantee is expressly required to pay to Dade County pursuant to any applicable cable license, franchise or ordinance of the County. Notwithstanding anything to the contras, Grantee shall pay to the City the full amount of all fees to which it is entitled pursuant to this Ordinance on revenues not expressly included in the definition of "gross revenues", pursuant to Dade County Ordinance (No. 90-73) with no reduction for payments to the County. C. A Grantee shall pay the franchise fee due to the City on a quarterly basis. Payment for each quarter shall be made to the City not later than thirty (30) calendar days after the end of each calendar quarter. D. A Grantee shall file with the City, on a quarterly basis with the payment of the franchise fee, a financial statement setting forth the computation of gross revenues used to calculate the franchise fee for the preceding quarter and a detailed explanation of the method of computation. The statement shall be certified by a certified public accountant or the Grantee's chief financial or other duly authorized officer. The Grantee will bear the cost of the preparation of such financial statements. E. Subject to applicable law, no acceptance by the City of any franchise fee payment shall be construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of payment be construed as a release of any claim the City may have for additional sums payable. F. The franchise fee payment is not a payment in lieu of any other tax, fee or assessment. 3_9 G. The City may, from time to time, and upon reasonable notice, inspect, copy and audit any and all books and records of the Grantee relevant to the determination of gross revenues and the computation of franchise fees due, and may recompute any amounts determined to be payable under the franchise. The cost of the audit will be borne by the Grantee if, as a result of the audit, the City determines that the Grantee has underpaid the franchise fees owed in an amount equal to or exceeding two percent (2%) of the franchise fees actually paid. A Grantee shall make all books and records necessary to satisfactorily perform the audit readily available to the auditors in Dade County, for inspection and copying or in the alternative, Grantee shall pay all costs necessary for the City to perform the audit at a location outside of Dade County. H. In the event that a franchise fee payment is not received by the City on or before the due date set forth in subsection B above, or is underpaid, the Grantee will pay a late charge of eighteen (18%) percent of the amount of the unpaid or underpaid franchise fee payment, provided however, that such rate does not exceed the maximum amount allowed under Florida law. Any interest and/or late charges paid by Grantee is intended to be a charge incidental to the enforcing of a franchise within the meaning of Section 622 (g)(2)(D) of the Communications Act, 47 U.S.C. § 542 (g)(2)(D), and may not be deducted from the franchise fee imposed by this Ordinance or any franchise agreement. I. When a grant or franchise terminates for whatever reason, the Grantee or Franchisee shall file with the City within ninety (90) calendar days of the date its operations in the City cease a financial statement, certified by a certified public accountant or the Grantee's chief financial officer, showing the gross revenues received by the Grantee since the end of the previous fiscal year. Adjustments will be made at that time for franchise fees due to the date that the Grantee's operations 20 ceased. Section 11. Customer service requirements. A. Any person operating a cable system shall maintain ail parts of its system in good condition and in accordance with standards generally observed by the cable television industry. Sufficient employees shall be retained to provide safe, adequate, and prompt service for all of its customers and facilities. B. A Grantee or Franchisee shall maintain at least one conveniently located business office and service center within the City limits to which subscribers may telephone without incurring added message units or toll charges. This business office shall be open at minimum from 8:00 a.m. to 6:00 p.m., Monday through Friday, and some weekend and evening hours. Further, Grantee shall locate, construct, design, staff, operate and maintain said office(s) so as to provide all subscribers, including but not limited to those subscribers who may be elderly, handicapped or otherwise impaired, with a customer friendly environment. The office shall make available for all customers 1) parking within reasonable proximity of the office and 2) sufficient covered waiting areas and adequate seating capacity. C. Grantee shall maintain a listed local, toll-free telephone number and employ a sufficient number of telephone lines, personnel and answering equipment or service to allow reasonable access by subscribers and members of the public to contact the Grantee on a full-time basis, twenty-four (24) hours per day, seven (7) days per week including holidays. Knowledgeable, qualified Grantee representatives will be available to respond to customer telephone inquiries, twenty-four (24) hours per day, seven (7) days per week including holidays. D. Grantee shall answer all customer service and repair telephone calls made under 23. normal operating conditions within thirty (30) seconds, including wait time and within an additional thirty (30) seconds to transfer the call. Customers shall receive a busy signal less than three (3) percent of the time. These standards shall be met no less than ninety (90) percent of the time under normal operating conditions, measured on a quarterly basis. E. A Grantee shall employ and maintain sufficient qualified personnel and equipment to be available (i) to accept payments; (ii) to exchange or accept converters or other equipment; (iii) to receive subscriber complaints or requests for service or repairs on a full-time basis, twenty-four (24) hours per day, seven (7) days per week; (iv) to initiate service installations, undertake normal repairs, initiate action with respect to any subscriber service complaints within twenty-four (24) hours; (v) to enable a service technician to respond to service calls twenty-four (24) hours per day, seven (7) days a week including holidays when more than 2 subscribers served from the same nearest active electronic device, such as an amplifier or node, call with the same complaint. F. Grantee must meet each of the following standards no less than ninety-five (95) percent of the time under normal operating conditions as measured on a quarterly basis: 1. Standard installation work shall be performed within seven (7) calendar days after an order has been placed except in those instances where a subscriber specifically requests an installation date beyond the seven (7) calendar day period. "Standard" installations are up to one hundred and twenty-five (125) feet from the existing distribution system. If scheduled installation is neither started nor completed as scheduled, the subscriber will be telephoned by an employee of the Grantee the same day. Evening personnel shall also attempt to call subscribers at their homes between the hours of 5:30 and 8:00 p.m. If the call to the subscriber is not answered, an employee of the Grantee shall telephone the subscriber the next day; 22 2. Grantee will respond to service interruptions promptly and in no event later than twenty-four (24) hours after the interruption becomes known. Other service problems will be responded to promptly and in no event later than forty-eight (48) hours after the problem becomes known. All service interruptions, and service problems within the control of grantee, will be corrected within seventy-two (72) hours after receipt of a complaint; 3. The appointment window alternatives made available for installations, service calls, repairs, and other installation activities will be either a specific time, a four-hour time block during normal business hours, or at the election and discretion of the subscriber, "all day"; 4. Grantee may not cancel an appointment with a subscriber after the close of business on the business day prior to the scheduled appointment; and 5. If at any time an installer or technician is running late for a scheduled appointment, an attempt to contact the customer will be made and the appointment rescheduled as necessary at a time which is convenient for the customer. G. Installation work shall be prioritized as follows: 1. Service change and rescheduling of appointments for existing subscribers; 2. Installation of service for new subscribers; 3. Disconnection of service for existing subscribers. Subscribers who have experienced two (2) missed installation or service appointments due to the fault of Grantee shall receive installation free of charge. If the installation was to have been provided free of charge or if the appointment was for service or repair, the subscriber shall receive a credit on its bill of not less than twenty dollars ($20.00). 23 H. Disconnection. 1. Voluntary Disconnection. (a) A subscriber may terminate service at any time. (b) A Grantee shall promptly disconnect any subscriber who so requests from the Grantee's cable system. No period of notice prior to voluntary termination of service may be required of subscribers by any Grantee. So long as the subscriber returns equipment within three (3) business days of the disconnection, no charge may be imposed by any Grantee for such voluntary disconnection, or for any cable services delivered after the date of disconnect request. (c) A subscriber may be asked, but not required, to disconnect the Grantee's equipment and return it to the business office. (d) Any security deposit and/or other funds due the subscriber shall be refunded on disconnected accounts after the converter has been recovered by the Grantee. The refund process shall take a maximum of thirty (30) days from the date disconnection was completed to the date the customer receives the refund. 2. Involuntary Disconnection. If a subscriber fails to pay a monthly subscriber or other fee or charge, the Grantee may disconnect the subscriber's service outlet; however, such disconnection shall not be effected until thirty-five (35) days after the due date of the monthly subscriber fee or other charge, and ten (10) days advance written notice of intent to disconnect to the subscriber in question. If the subscriber pays within thirty-five (35) days of the due date and after notice of disconnection has been given, the Grantee shall not disconnect. After disconnection, upon payment by the subscriber in full of all proper fees or charges, including the payment of the reconnection charge, if any, the Grantee shall promptly reinstate service. 24 3. Nothing in this Ordinance shall be construed to prevent the Grantee from removing its property from a subscriber's premises upon the termination of service consistent with FCC rules and regulations and any other applicable law. At the subscriber's request, a Grantee shall remove all of its facilities and equipment from the subscriber's premises within thirty (30) calendar days of the subscriber's request. Where removal is impractical, such as with buried cable or internal wiring, facilities and equipment may be disconnected and abandoned rather than removed, unless there is a written agreement stating otherwise, provided, however, that such agreement must be consistent with applicable law and FCC rules. I. Grantee shall intentionally interrupt service only for good cause and for the shortest time possible. Grantee shall use its best efforts to insure that such interruptions shall occur only during the hours of 1:00 a.m. to 6:00 a.m., except during a rebuild or upgrading of the cable system. Grantee shall maintain a written log for all intentional service interruptions. J. Grantee shall notify the City Manager immediately if a service interruption affects fifty or more subscribers for a time period greater than four hours. K. Grantee shall cause all its field employees to wear a picture identification badge indicating their employment by Grantee. This badge shall be clearly visible to the public. L. A Grantee shall develop written procedures for the investigation and resolution of all subscriber or City resident complaints, including, but not limited to, those regarding the quality of service and equipment malfunction, which procedures shall be subject to the review and approval by the City Manager. A subscriber or City resident who has not been satisfied by following the Grantee's procedures may file a written complaint with the City Manager, who will investigate the matter and, in consultation with the Grantee as appropriate, attempt to resolve the matter. A 25 Grantee's good faith or lack thereof in attempting to resolve subscriber and resident complaints in a fair and equitable manner will be considered in connection with the Grantee's renewal application. Grantee shall maintain a complete list of all complaints not resolved within seven (7) days of receipt and the measures taken to resolve thern~ This list shall be compiled in a form to be approved by the City Manager. It shall be compiled on a monthly basis. The list for each calendar month shall be supplied to the City Manager no later than the 15th day of the next month. Grantee shall also maintain a list of all complaints received, which list will be available to the City. M. Grantee shall permit the City designee to inspect and test the system's technical equipment and facilities upon reasonable notice not to be less than forty-eight (48) hours. N. Grantee shall abide by the following requirements governing communications with customers, bills and refunds: 1. Each Grantee shall provide to subscribers written information in each of the following areas at the time of installation, at least once annually, and at any future time upon request by the Subscriber: (a) How to use the cable service; (b) Installation and service maintenance policies; (c) The products and services offered; (d) Prices and service options; (e) Channel positions of programming carried on the system; (f) The Grantee's procedures for the receipt and resolution of customer complaints, the Grantee's address and telephone number to which complaints may be reported, and the hours of operation; 26 (g) The telephone number and address of the City's office and the County's office designated to handle cable television complaints and inquiries shall be printed on the back of the bill; (h) The availability of a "lock-out" device; (i) The Grantee's information, collection, and disclosure policies for the protection of a subscriber's privacy. 2. In addition, each Grantee shall provide written notice in its monthly billing, at the request of the City, of any City meeting regarding requests or applications by the Grantee for renewal, transfer or modification of its license or change in service, rates or charges to subscribers. The City shall make such a request in writing, no less than forty-five (45) days prior to the mailing of any billing by Grantee. Said notices shall be made at Grantee's expense and said expense shall not be considered part of the franchise fee assessed pursuant to this Ordinance and shall not be regarded as a franchise fee, as the term is defined in Section 622 of the Communications Act, 47 U.S.C. Section 542. 3. 4. Grantee's bills will be clear, concise and understandable. Refund checks will be issued promptly, but no later than the earlier of thirty (30) days or the customer's next billing cycle following the resolution of a refund request, or the return of the equipment supplied by the Grantee if service is terminated. 5. Credits for service will be issued no later than the customer's next billing cycle following the determination that a credit is warranted. 6. A Grantee shall provide subscribers, the City Manager, and the City Council with at least thirty (30) days advance written notice of any changes in rates, charges, channel lineup, 27 or initiations or discontinuations or changes of service or services offered over the cable system. O. A Grantee shall provide a pro-rated 24-hour credit to the subscriber's account for any period of four hours or more within a 24-hour period during which a subscriber experienced an outage of service or substantial impairment of service, whether due to a system malfunction or other cause. P. Billing. 1. The Grantee's first billing statement after a new installation or service change shall be pro-rated as appropriate and shall reflect any security deposit. 2. The Grantee's billing statement must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits. 3. The Grantee's billing statement must show a specific due date not earlier than ten (10) days after the date of the beginning of the service period. Any balance not received within ten (t0) days after the due date may be assessed an administrative charge. The charge will appear on the following mouth's billing statement. (a) Any administrative charge applied to unpaid bills shall be subject to regulation by the City consistent with applicable law. (b) Subscribers shall not be charged an administrative fee, a late fee or otherwise penalized for any failure by the Grantee, its employees, or contractors, including failure to timely or correctly bill the subscriber, or failure to properly credit the subscriber for a payment timely made. 28 4. The Grantee must notify the subscriber that he or she can remit payment in person at the Grantee's office in the City and inform the subscriber of the address of that office. Q. A Grantee may not substantially alter the service being provided to a subscriber (including by re-tiering, restructuring a tier or otherwise) without the express permission of such subscriber, unless it complies with this subsection. 1. If a Grantee wishes to alter the service being provided to a subscriber (including by re-tiering, restructuring a tier or otherwise) in such a way that the subscriber will no longer be able to obtain the same package of services, then the Grantee must provide the subscriber with thirty (30) days notice of such alteration, explain the substance and the full effect of the alteration, and provide the subscriber the right within the thirty (30) day period following notice, to opt to receive any combination of services offered by the Grantee. 2. Except provided herein, no charge may be made for any service or product which the subscriber has not affn'mafively indicated, in a manner separate and apart from payment of the regular monthly bill, that he or she wishes to receive. R. Grantee shall certify in writing to the City on January 1 and July 1 of each year based upon internal due diligence by the Grantee that to the best of Grantee's knowledge it is in substantial compliance with the standards set forth in this Section 11. At the request of the City, the Grantee shall submit such documentation, as may be required, to demonstrate Grantee's compliance with this Section 11. This documentation shall be submitted within forty five (45) days of the Grantee's receipt of the City's request. S. Responsibility for the administration of this Ordinance and any franchise granted hereunder and for the resolution of all complaints against a Grantee regarding the quality of service, equipment malfunctions, and related matters, including the authority to order refunds or fees, is hereby delegated to the City Manager, which is empowered, among other things, to settle, or compromise any controversy arising from operations of the Grantee, either on behalf of the City, the Grantee or any subscriber, in accordance with the best interests of the public. In cases where requests for service have been ignored or in cases where the service provided is unsatisfactory for whatever mason, the City Manager shall have the power to require the Grantee to provide service if in the opinion of the City Manager such request for service is reasonable. Provided, that any person aggrieved by a decision of the City Manager, including the Grantee, may appeal the matter to the City Council for hearing and determination. The City Council may accept, reject or modify the decision of the City Manager. No adjustment, settlement, or compromise, whether instituted by the City Manager or by the City Council shall be contrary to the provisions of this Ordinance or any franchise agreement issued pursuant to this Ordinance, and neither the City Manager nor the City Council, in the adjustment, settlement, or compromise of any controversy shall have the right or authority to add to, modify or delete any provision of this Ordinance or of the Grantee. T. 1. In addition to the powers delegated in subsection 11 above, the City Manager shall have the authority to order refunds from a Grantee to individual cable television subscribers who have submitted a written complaint to the City and to assess f'mes against a Grantee for any violation of this Ordinance or any franchise issued pursuant to this Ordinance, which fines will be paid to the City. 2. In ordering refunds to cable television subscribers, the City Manager shall be governed by the schedule set out below in which the refund indicated is expressed as a percentage of the subscriber's monthly bill. The refunds listed are to be made on a per violation 3O basis with each day of a continuing violation constituting a separate violation. The refund ordered by the City Manager pursuant to this Section 11 shall not exceed 100 percent of a subscriber's monthly bill, unless a violation has continued at least 30 days from the date first reported to the Grantee. SCHEDULE OF REFUNDS TO SUBSCRIBERS Single Violation of: Maximum Refund (a) Failure to comply with 10% Section 11(B), hereof (b) Failure to comply with the telephone 10% availability requirements of Section Il(C) and ll(D), hereof (c) Failure to comply with the repair 50% and installation requirements of Section 1 I(F), hereof. 3. In assessing fines against a Grantee, the City Manager shall be governed by the schedule set out below. The frees listed are to be assessed on a per violation basis with each day of a continuing violation constituting a separate violation. 33_ SCHEDULE OF FINES SINGLE VIOLATION OF: (a) Section A, hereof. (b) Section B, hereof. (c) Section C, hereof. (d) Section D, hereof. (e) Section E and F, hereof. (f) Section G and H, hereof. (g) Section I, hereof. (h) Section J, hereofi (i) Section K, hereof. (j) Section L, hereof. (k) Section M, hereof. (1) Section N(1)(a)-(i), hereof. (m) Section N(2), hereof. (n) Section N(3)-N(6), hereofi (o) Section O, hereof. (p) Section P and Q, hereof. (q) Section R, hereof. 4. MAXIMUM FINES $100.00 $300.00 $300.00 $300.00 $300.00 $100.00 $500.00 $200.00 $100.00 $500.00 $500.00 $100.00 $500.O0 $200.00 $500.O0 $300.00 $500.00 Prior to ordering a refund and/or assessing a fine, the City Manager shall mail the Grantee written notice by certified or registered mail of the proposed refund and/or fine, 32 specifying the violation at issue. The Grantee shall have thirty (30) days from the date of receipt of the written notice to file a written response to the City Manager's notice. Grantee's written response shall be signed by management level personnel of Grantee and all statements contained therein will be regarded as material representations to the City. 5. Prior to ordering a refund and/or assessing a fine, the City Manager shall consider any justification or mitigating factor advanced in Grantee's written response, including but not limited to rebates or credits to the subscriber or a cure of the violation. The City Manager may, after consideration of the response of the Grantee, waive or reduce any proposed refund or fine. 6. Subsequent to the notice of proposed refund and/or f~ne to Franchisee and consideration of the Grantee's response, if any, the City Manager may issue an assessment of refund or fine. The refund and/or f'me shall be paid within thirty (30) days of written notice to the Grantee. This refund and/or fine shall constitute liquidated damages to the subscriber and City for the violation and the City may enforce payment of the refund or fine in any court having jurisdiction. It is the intent of the City to determine fines/refunds as a reasonable estimate of the damages suffered by the City and/or its subscribers, whether actual or potential, and may include without limitation, increased costs of administration and other damages difficult to measure. 7. Grantee may appeal any decision of the City Manager directly to the City Council within thirty (30) days of notice of the decision to the Grantee. 8. Any person who intentionally files a false complaint against a Grantee shall be subject to a fine in the amount of $50 for the first violation and $100 for each subsequent violation. 9. Intentional misrepresentation by a Grantee in any response to a notice of 33 proposed refund and/or fine shall be grounds for license revocation. U. In addition to complying with the customer service standards set forth in this Ordinance or in any franchise issued pursuant to this Ordinance, a Grantee shall comply with all customer service standards applicable to cable systems of the FCC and any other applicable federal, state or county law concerning customer service standards, consumer protection, and unfair or deceptive trade practices. V. The City expressly reserves the right to consider violations of the customer service requirements by a grantee in deciding whether to enter into a franchise agreement. Section 12. Use of Streets. A. Any pavements, sidewalks, curbing or other paved area taken up or any excavations made by a Grantee shall be done under the supervision and direction of the City under permits issued for work by the proper officials of the City, and shall be done in such manner as to give the least inconvenience to the inhabitants of the City. A Grantee shall, at its own cost and expense, and in a manner approved by the City, replace and restore any such pavements, sidewalks, curbing or other paved areas in as good a condition as before the work involving such disturbance was done, and shall also prepare, maintain and provide to the City Manager or his designee, full and complete plats, maps and records showing the exact locations of its facilities located within the public Streets, ways, and easements of the City. These maps shall be available in any form requested by the City Manager or his designee. B. Except to the extent required by law, a Grantee shall, at its expense, protect, support, temporarily disconnect, relocate, or remove, any of its property when required by the City by reason 34 of traffic conditions, public safety, Street construction, Street resurfacing or widening, change of Street grade, installation or sewers, drains, water pipes, power lines, signal lines, tracks, or any other type of municipal or public utility improvements; provided, however, that the Grantee shall, in ail such cases, have the privilege of abandoning any property in place. C. A Grantee shall, on the request of any person holding a building moving permit issued by the City, temporarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting same, and the Grantee shall have the authority to require such payment in advance, except in the case where the requesting person is the City, in which case no such payment shall be required. The Grantee shall be given not less than five calendar (5) days advance notice to arrange for such temporary wire changes. D. A Grantee shall upon notice to the City of not less than 7 days, have the authority to trim the trees or other natural growth upon and overhanging the Streets so as to prevent the branches of such trees from coming in contact with the wires, cables and other equipment of the Grantee, except that, at the option of the City, such trimming may be done by it or under its supervision and direction at the expense of the Grantee. E. A Grantee shall use, with the owner's permission, existing underground conduits (if applicable) or overhead utility facilities whenever feasible. Copies of agreements between a Grantee and third party for use of conduits or other facilities shall be filed with the City provided that the Grantee shall have the right to redact proprietary and confidentiai information in such agreements as it pertains to financial arrangements between the parties. F. All wires, cable lines, and other transmission lines, equipment and structures shail 35 be installed and located to cause minimum interference with the fights and convenience of property owners. The City may issue such rules and regulations concerning the installation and maintenance of a cable system installed in, on, or over the Streets, as may be consistent with this Ordinance and the franchise agreement. G. All safety practices required by law shall be used during construction, maintenance and repair of a cable system. A Grantee shall not place facilities, equipment or fixtures where they will interfere with any gas, electric, telephone, water, sewer or other utility facilities, or obstruct or hinder in any manner the various utilities serving the residents of the City of their use of any Street or any other public right of way. H. A Grantee shall, at all times: 1. Install and maintain its wires, cables, fixtures and other equipment in accordance with the requirements of the City's Building Code and Electrical Safety Ordinances and any other applicable Building or Electrical Safety Code, and in such manner that they will not interfere with any installations of the City. 2. Keep and maintain in a safe, suitable, substantial condition, and in good order and repair, all structures, lines, equipment, and connections in, over, under, and upon the Streets, sidewalks, alleys, and public ways or places of the City, wherever situated or located. I. On Streets where electrical or telephone utility wiring is located underground, either at the time of initial construction of a cable system or at any time thereafter, a Grantee's cable shall also be located underground at the Grantee's expense. Between a Street and a subscriber's residence, a Grantee's cable must be located underground if both electrical and telephone utility wiring are located underground. The City shall encourage, to the extent feasible, that the public utility and the 36 Grantee cooperate in opening up trenches and making such trenches available to all parties with the understanding that the costs of opening and refilling of such trenches would be shared equally by all users of such trenches. Grantee shall at all times comply with the requirements of the Trench Safety Act. J. In the event the use of any part of a cable system is discontinued for any reason for a continuous period of twelve (12) months, or in the event such system or prope~y has been installed in any Street without complying with the requirements of this Ordinance or a franchise agreement, or the franchise has been terminated, canceled or expired, the Grantee, within thirty (30) days after written notice by the City, shall commence removal from the Streets of all such property as the City may require. K. The City may extend the time for the removal of Grantee's equipment and facilities for a period not to exceed one hundred eighty (180) days, and thereafter such equipment and facilities may be deemed abandoned. L. In the event of such removal or abandonment, the Grantee shall restore the area to as good a condition as prior to such removal or abandonment. Section 13. Insurancel Indemnificationl Security Fund A. Any person operating a cable system within the City shall, no later than 30 days after the effective date of this Ordinance, provide evidence of the following in a form acceptable to the City Manager: 1. Liability insurance coverage insuring the operator naming the City as an additional insured in an amount not less than: (a) $500,000 for property damage in any one accident; 37 (b) $500,000 for personal bodily injury to any one person; and (c) $1 Million for personal bodily injury in any one accident 2. Worker's compensation and employee liability insurance meeting all requirements of Florida law. B. A statement signed by the operator wherein the operator, at it's sole cost and expense shall indemnify, hold harmless, and defend the City, it's officials, Boards, Council members, agents and employees, against any and all claims, causes of actions, proceedings, judgments for damages or equitable relief and costs and expenses arising out of the construction, maintenance or operation of its cable system or other occupancy of the City's public rights of way. C. Any person operating a system within the City shall post with the City a security deposit in a form acceptable to the City to ensure the operator's performance of and compliance with all provisions of this Ordinance in an amount that the City determines is necessary to protect the public and to provic~e adequate incentives to the operator to comply with this Ordinance and to enable the City to effectively enforce compliance therewith. Section 14. Rates. A. Nothing in this Ordinance shall prohibit the City from regulating rates for cable services to the full extent permitted by law. B. Any rate or charge established for cable television service, equipment, repair and installation shall be reasonable to the public. Upon written request from the City or its agent, Grantee shall provide all requested data, records and documentation to show the reasonableness of the rates. 38 Section 15. Administration. A. The City Manager, either directly or through a duly appointed designee, shall have the responsibility for overseeing the day-to-day administration of this Ordinance and franchise agreements. The City Manager shall be empowered to take all administrative actions on behalf of the City, except for those actions specified in this Ordinance that are reserved to the City Council. The City Manager may recommend that the Council take certain actions with respect to the franchise. The City Manager shall keep the Council apprised of developments in cable and provide the Council with assistance, advice and recommendations as appropriate. B. The City Council shall have the sole authority to grant franchises, authorize the entering into of franchise agreements, modify franchise agreements, renew or deny renewal of franchises, revoke franchises, authorize the transfer of a franchise, and regulate rates for cable services. Section 16. Force Ma. ieure. In the event a Grantee's performance of or compliance with any of the provisions of this Ordinance or the Grantee's franchise agreement is prevented by a cause or event not within the Grantee's control, such inability to perform or comply shall be deemed excused and no penalties or sanctions shall be imposed as a result thereof, provided, however, that Grantee uses all practicable means to expeditiously cure or correct any such inability to perform or comply. For purposes of this Ordinance and any franchise agreement granted or renewed hereunder, causes or events not within a Grantee's control shall include, without limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or 39 events within Grantee's control, and thus not falling within this section, shall include, without limitation, Grantee's financial inability to perform or comply, economic hardship, and misfeasance, malfeasance or nonfeasance by any of Grantee's directors, officers, employees, contractors or agents. Section 17. Applicability. A. This Ordinance shall be applicable to all cable systems now existing in the City on the date hereof and to all applicants for cable franchises. B. Any person shall notify the City in writing within thirty (30) calendar days of the passage of this Ordinance, or any subsequent amendment thereof, of: 1. any provision which it believes should not be applicable to it. 2. the reason for each such claim of non-applicability. C. Failure to notify the City as provided in subsection (B) of this Section shall constitute a waiver of any right to object. Section 18. Violations of Ordinance. A. Whenever the City finds that a person has allegedly violated any provision of this Ordinance, not otherwise described in Section 11 herein, such person shall have fifteen (15) days subsequent to receipt of notice to correct the violation. If after 15 days, the recipient has failed to correct the alleged violation, the City shall determine if the person has committed a violation and shall make written findings of fact. If a violation is found, the person shall pay to the City Five Hundred Dollars ($500) per day, or any part thereof for each day each violation occurs or continues. The City reserves the right to withdraw said payments from the security fund upon 3 days written notice to grantee. It is the intent of the City to impose the above discussed fines as a reasonable 40 estimate of the damages suffered by the City and/or its subscribers, whether actual or potential, and may include without limitation, increased costs of administration and other damages difficult to The City hereby reserves any and all rights to require that a person remove its equipment and facilities from the City's public rights of way where the City has determined and issued a written decision finding that the damages suffered by the City or its residents can not be remedied by any reasonable means other than by termination or revocation of a person's rights to use the City's rights of ways. Section 19. Municipal cable system ownership authorized. A. To the full extent permitted by law, the City may acquire, construct, own, and/or operate a cable system. B. Nothing in this Ordinance shall be construed to limit in any way the ability or authority of the City to acquire, construct, own, and/or operate a cable system to the full extent permitted by law. Section 20. Reservation of rights. A. The City reserves the right to amend this Ordinance as it shall find necessary in the lawful exercise of its police powers. B. Any additional regulations adopted by the City shall be incorporated into this Ordinance and complied with by all Grantees and Franchisees within thirty (30) days of the date of adoption of such additional regulations. C. The City reserves the right to exercise the power of eminent domain to acquire the property of Grantee's cable system, consistent with applicable federal and state law. 43. Notwithstanding anything to the contrary, this Section shall not enlarge or restrict the City's exercise of eminent domain except to the extent provided by applicable law. D. The City shall at all times have the right, upon reasonable notice and during normal business hours, to examine and copy a Grantee's records and to inspect a Grantee's facilities to the extent needed to monitor a Grantee's compliance with and performance under this Ordinance and the Grantee's franchise agreement. Section 21. Repeal of Conflicting Ordinances. That ordinances or parts of ordinances, and all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 22. Savings. All rates, fees, charges and financial obligations previously accrued pursuant to the ordinances and resolutions repealed pursuant to Section 19 above shall continue to be due and owing until paid. Section 23. Severabillt.y. If any part, section, subsection, or other portion of this Ordinance or any application thereof to any person or circumstance is declared void, unconstitutional or invalid for any reason, such part, section, subsection, or other portion, or the prescribed application thereof, shall be severable, and the remaining provisions of this Ordinance, and all applications thereof not having been declared void, unconstitutional or invalid, shall remain in full force and effect. The City declares that no invalid or prescribed provision or application was an inducement to the enactment of this Ordinance, and that it would have enacted this Ordinance regardless of the invalid or prescribed provision or application. Section 24. Effective Date. This Ordinance shall take effect and be in force immediately upon its passage and adoption on second reading. 42 The foregoing Ordinance was offered by Council member moved its adoption on first reading. The motion was seconded by upon being put to a vote, the vote was as follows: Council member Arthur Berger Council member Jay Beskin Council member Ken Cohen Council member Harry Holzberg Council member Jeffery Pedow Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder The foregoing Ordinance was offered by Council member moved its adoption on second reading. The motion was seconded by upon being put to a vote, the vote was as follows: Council member Arthur Berger Council member Jay Beskin Council member Ken Cohen Council member Harry Holzberg Council member Jeffery Perlow Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this day of __ day of PASSED AND ADOPTED on second reading this , who , and ., who , and ,1996. .,1996. ATTEST: MAYOR ACTING CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY 43 DRAFT DATE: 08/14/96 CITY OF AVENTURA, FLORIDA APPLICATION FOR CABLE TELEVISION FRANCHISE EXHIBIT A In order to be considered for the award of a cable television franchise by the City of Aventura, Florida any person, corporation, partnership or other such entity desiring such a franchise must submit an application to the City of Aventura. The application should be submitted to the office of the City Manager, City of Aventura, 2999 N.E. 191st Street, Suite 500, Aventura, Florida 33180. To be considered, the application must include an original and five copies plus a non- refundable filing fee of Seven Thousand Five Hundred Dollars ($7,500). The application is to be completed and signed under oath by an officer of the applicant if the applicant is a corporation, a partner if the applicant is a general partnership, general partner if the applicant is a limited partnership, a trustee if the applicant is a trust, or by the applicant himself if the applicant is an individual. At a minimum, an application must provide the information listed below in order to be considered. The City reserves the right to request any and all additional information that it deems reasonably required to reach a determination as to whether the grant of a franchise to applicant is in the public interest. 1. Name and address of the applicant and identification ownership and control of the applicant, including: the names and addresses of all persons with five (5%) percent or more ownership interest in the applicant, including the names and addresses of parents or subsidiaries holding such ownership interests directly or indirectly; the persons who control the applicant; all officers and directors of the applicant; and any other cable system ownership or other communications ownership interest of each named person; 2. An indication of whether the applicant, or any person controlling the applicant, or any officer, or director or person with five (5%) pement or more ownership interest in the applicant, has been adjudged bankrupt, had a cable franchise or license revoked, or been found by any court or administrative agency to have violated a security or antitrust law, or to have committed a felony, or any crime involving moral turpitude; and, if so, identification of any such person and a full explanation of the circumstances; 3. A demonstration of the applicant's technical, legal and financial ability to construct and/or operate the proposed cable system, including identification of key personnel; 4. Copies of all federal, state, county and city licenses, permits and registrations in regard to any part of the applicant's facilities located in the City. 5. A statement prepared by a certified public accountant or duly authorized financial officer of the applicant regarding the applicant's financial ability to complete the construction and operation of the cable system proposed; 6. A description of the applicant's experience in cable system ownership, construction and operation, and identification of communities in which the applicant or any person controlling the applicant or having more than a ten (10%) percent ownership interest in applicant has, or has had, a cable franchise or license or any interest therein. Copies of all such franchise agreements that any such party have entered into within the most recent 24 months; 7. A description of any and ail pending federal and state litigation, whether judicial or administrative, that in any manner relates to the operation of a cable television system or the provision of cable television service to which the applicant is currently a party. 8. Identification of the area of the City to be served by the proposed cable system, including a description of the service area's boundaries, and if applicable, a description of varying levels of capacity and services offered within different areas of the City. 9. A description of the physical facilities proposed, including channel capacity, performance characteristics, headend, and access facilities; upon request, the applicant shail make information on technical design available for inspection; 10. Where applicable, a description of the construction of the proposed system, including an estimate of plant mileage and its location, the proposed construction schedule, a description, where appropriate, of how services will be converted from existing facilities to new facilities, and information on the availability of space in conduits including, where appropriate, an estimate of the cost of any necessary rearrangement of existing facilities; 11. If applicant is currently operating a cable system within the City, a description of the existing system and capacity and the operator's plans to upgrade the system. 12. For informational purposes, the proposed rate structure, for residential, commercial and bulk customers, including current projected charges for the next 12 months for each service tier, installation, converters, and other equipment or services, and the applicant's ownership interest in any proposed program services to be delivered over the cable system; 13. A schedule and description of applicant's contracts with any and all residential and or commemial complexes including but not limited to condominiums, homeowner associations and apartment buildings. 14. A demonstration of how the applicant's proposal will reasonably meet the future cable-related needs and interests of the community, including a description of how the proposal will meet the needs described in any recent community needs assessment conducted by or for the applicant or the City; 15. A description of any non-cable telecommunications services offered by the applicant or its parent, affiliate or subsidiary and applicant's plans with respect to the availability of such services to subscribers in the City. 16. Pro forma financial projections for the first five (5) years of the franchise term, including a statement of projected income, sources of revenue and of projected fee payments to the City, and a schedule of planned capital additions, with all significant assumptions explained in notes or supporting schedules; 17. If an applicant proposes to provide cable service to an area already served by an existing cable operator, the identification of the area where the overbuild would occur, the potential subscriber density in the area which would encompass the overbuild, and the ability of the Streets to accommodate an additional system; 18. Any other information as may be reasonably necessary to demonstrate compliance with the requirements of this Ordinance and information that the City may request of the applicant that is relevant to the City's consideration of the application; and 19. An affidavit or declaration of the applicant or authorized officer certifying the truth and accuracy of the information in the application, acknowledging the enforceability of application commitments, and certifying that the proposal meets all federal, state and local law requirements. APPLICANT CERTIFICATION: Applicant has read Ordinance No. and conditions therein. of the City of Aventura and accepts all terms CITY OF AVENTURA OFFICEOFTHECITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council y~'-~r Eric M. Soroka, Cit August 6, 1996 Scope of Services and Fees for General Professional Engineering Services with Keith and Schnars, P.A. August 20, 1996 City Council Meeting Agenda Item ~7~. Recommendation It is recommended that the City Council adopt the attached Resolution authorizing the execution of the General Professional Engineering Services Agreement with Keith and Schnars, P.A. This will allow the City to commence work on the various engineering and safety issues facing the City. Backqround As authorized by previous Resolution, the City Administration has negotiated the scope of services and fees for general engineering services with the firm of Keith and Schnars, P.A. ("Engineering Firm"). The major points of the agreement are as follows: 1. The Engineering Firm has agreed to establish an office in the City's limits within 90 days. 2. Engineering Services for specific projects that exceed $15,000 will require separate work authorizations prior to the commencement of any work. The hourly billing rates compare favorably with existing market conditions and with contracts I have negotiated with other major firms in 1993 and 1991. The activity and billing will determine our costs for these services. 4. The Engineering Firm will respond to City staff within two (2) hours. 5. The City shall own all documents and be provided copies of all CAD and similar software files. The Agreement may be terminated by the Engineering Firm for cause, or by the City for any reason or without cause upon thirty (30) days written notification. 7. The Agreement shall not be assigned without prior consent of the City. 8. The services provided by the Engineering Firm shall be non-exclusive. The City is allowed to engage other firms to perform the same or similar services. The City Attorney, Director of Finance Support Services and Director of Community Services have reviewed the agreement. I have also attached a copy of a services memorandum which outlines the City's priority list requiring engineering services. EMS/ne Attachments CC0058-96 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: Robert M. Sherman,/O~or of Community Services Eric M. Soroka, Cit/~na'~er July 22, 1996 Priority List for Engineering Services Attached hereto is the priority list of projects requiring immediate attention by the Consultant City Engineers. The list was developed based on input from the City Council and concerns expressed by residents. EMS/ne cc: City Council Olivia A. Jackson, Ph.D., Keith and Schnars, P.A. Jaye Epstein, Director of Community Development CM0055-96 Priority List for Engineering Services Installation of safety barriers on Country Club Drive near Lehman Causeway. · Design · Prepare bid specifications · Award bid 2. Review and prepare study of the following private conversion to the City. · N.E. 183 rd Street (Williams Island) · N.E. 207th Street (Waterways) · N.E 34t~ Avenue (Point) roads for possible 3. Construction and installation of sidewalk/pathway southside of Causeway along N. E. 192 Street · Design · Prepare bid specifications · Award bid Lehman 4. Lighting around Country Club Drive walkway. 5. Review configuation of barriers under the Lehman Causeway. 6. Review and provide recommendations to improve safety of pedestrians and motorists at driveways fronting the Country Club Drive walkway. 7. Review the conversion of overhead utility distribution system to an underground system. 8. Assess and evaluate City's infrastructure (roads, sidewalks, bikepaths, drainage, irrigation system, utility system). 9. Develop plan for providing additional street lighting. 10. Establish City of Aventura Stormwater Utility Fund to address drainage problems throughout the city. 11.Establish procedures for engineer review of site plans, plats and field inspections 12. Prepare necessary base maps and establish GIS computer aided design mapping system to include the following: · Street addresses · Utility lines · Drainage systems · Land Use · Zoning 13. Prepare cost estimate and design to provide curbing around City medians. 14. Assist in the preparation of RFP standards for the privatization of public works activities such as street and drainage maintenance. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council y~.a~ Eric M. Soroka, Cit August 6, 1996 Scope of Services and Fees for General Professional Landscape Architect Services with O'Leary Design Associates, P.A, August 20, 1996 City Council Meeting Agenda Item Recommendation It is recommended that the City Council adopt the attached Resolution authorizing the execution of the General Professional Landscape Amhitect Services with O'Leary Design Associates, P.A. This will allow the City to commence work on the numerous beautification and landscape projects. Back.qround As authorized by previous Resolution, the city Administration has negotiated the scope of services and fees for general engineering services with the firm of O'Leary Design Associates, P.A. ("Landscape Firm"). The format of the agreement is similar to the Engineering Services Agreement with Keith and Schnars, P.A. The fees are comparable to other firms performing similar services and what is charged to other municipal clients. The agreement may be terminated upon thirty (30) days' notice. The City Attorney, Director of Finance Support Services and Director of Community Services have reviewed the agreement. I have attached a copy of the priority list regarding landscape architect services. If you have any questions, please feel free to contact me. EMS/ne Attachments CC0059-96 GOAL: Develop Citywide Beautification Pm,qram Prepare Citywide Beautification/Landscape Master Plan. · Begin to landscape areas included in the Master Plan, · Replace county street signs with attractive new signs. · Review the conversion of overhead utility distribution system to an underground system. · Develop plan to continue landscape along the railroad tracks to create barrier along City limits. · Eliminate bus bench advertising and replace with more attractive benches. · Replace bus shelters with more attractive and user friendly units. · Preparation of Median/Right of Way Maintenance services bid package. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, APPOINTING THE FIRM OF KEITH AND SCHNARS, P.A. TO PERFORM GENERAL PROFESSIONAL ENGINEERING SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR PROFESSIONAL SERVICES; AGREEING TO THE NEGOTIATED SCOPE OF SERVICES AND FEES CONTAINED IN SAID AGREEMENT; AND, PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The firm of Keith and Schnars, P.A. be and the same is hereby appointed to perform General Professional Engineering Services on behalf of the City of Aventura. Section 2. The City Manager of the City of Aventura, Florida, is hereby authorized to execute the attached agreement for professional services by and between the City and Keith and Schnars, P.A., and whereby the City agrees to the negotiated scope of services and fees. Section 3. This Resolution shall become effective immediately upon its adoption. who The foregoing resolution was offered by Councilmember , moved its adoption. The motion was seconded by Coun¢ilmember , and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger Councilmember Jay Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey Perlow Vice Mayor Patricia Rogers-Libert Mayor Arthur I, Snyder Resolution No. Page 2 PASSED AND ADOPTED by the City Council of the City of Aventura, Florida this day of ., 1996. ARTHURI. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, APPOINTING THE FIRM OF O'LEARY DESIGN ASSOCIATES, P.A. TO PERFORM GENERAL PROFESSIONAL LANSCAPE ARCHITECT SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE A'I-rACHED AGREEMENT FOR PROFESSIONAL SERVICES; AGREEING TO THE NEGOTIATED SCOPE OF SERVICES AND FEES CONTAINED IN SAID AGREEMENT; AND, PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The firm of O'Leary Design Associates, P.A. be and the same is hereby appointed to perform General Professional Landscape Amhitect Services on behalf of the City of Aventura. Section 2. The City Manager is hereby authorized to execute the attached agreement for professional services by and between the City and O'Leary Design Associates, P.A. and whereby the City agrees to the negotiated scope of services and fees. Section 3. This Resolution shall become effective immediately upon its adoption. who The foregoing Resolution was offered by Councilmember , moved its adoption. The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger Councilmember Jay Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey Perlow Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder Resolution No. Page 2 PASSED AND ADOPTEDthis day of ,1996. ARTHURI. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY TO: FROM: BY: DATE: SUBJECT: CITY OF AVENTURA FINANCE SUPPORT SERVICES DEPARTMENT MEMORANDUM City Council ,arryEr'c M. Soroka,K,,gore,City M. Finanh~ orr Services Director,y August 15, 1996 Resolution setting forth the ranking of CPA firms to perform independent audit. August 20, 1996 Council Meeting Agenda Item Recommendation It is recommended that the City Council adopt the attached Resolution which sets forth the ranking of firms to perform the City's independent audit. Background The City is required by Section 4.11 of the City Charter and various sections of State Statutes to have an annual audit of its accounts and records performed by an independent certified public accountant. In order to meet this requirement, we prepared an RFP for auditing services (RFP #96-04). A complete copy of the RFP is available in the Finance Support Services Department. The RFP was advertised in The Miami Herald on July 18th and July 25th. mailed/faxed the RFP to thirteen (13) firms as shown on attachment "A." submitted proposals as shown on attachment "B." We also Six firms The proposal packets were reviewed by a Review Team consisting of the City Manager and Finance Support Services Director. A short list of four (4) firms was established based on the qualifications reflected in the written proposals. A summary of the evaluation results is included as attachment "C." The following firms were interviewed by the Review Team on August 14, 1996: Madsen, Sapp, Mena, Rodriguez & Co. Keefe, McCullough & Co. Rachlin Cohen & Holtz KPMG Peat Marwick, LLP Page 2 Based on the interviews and written proposals, the Review Team again evaluated the proposers and ranked the firms as follows: 1). Keefe, McCullough & Co. 2). Rachlin, Cohen and Holtz 3). KPMG Peat Marwick, LLP We believe that all three of these firms possess the necessary qualifications to perform the audit in a professional manner. However, as shown on attachment "D," we were unanimous on the rankings and request that the City Council endorse the ranking by passage of the attached Resolution. After the Resolution is passed, we will require that each of the three ranked firms provide us with a price quotation for the first year of the audit. We will use this information during our negotiations with the top ranked firm. We will negotiate with the second and third ranked firm should negotiations be unsuccessful with the top ranked firm. A representation letter stating the scope of services and fees for the first year of the audit will be presented to the City Council at the September 4th or 17th meeting. Copies of all proposals and evaluations are available for inspection in the Finance Support Services Department. Should you have any questions, please feel free to contact me. HK/mn A'~T.A~ A CITY OF AVENTURA RFP FOR AUDITING SERVICES FIRMS MAILED COPIES OF THE RFP Arthur Anderson, LLP One Biscayne Tower, Suit 2100 Miami, FL 33131 FAX: (305) 358-8229 Berenfeld, Spritzer, Shechter & Sheer 7700 North Kendall Drive Penthouse Five Miami, FL 33156 Attn: Emery B. Sheer FAX: (305) 274-5139 Deloitte & Touche 100 SE 2® St, Suite 2400 Miami, FL 33131 Attn: Joe Echevarria FAX: (305)372-3160 Ernst & Young 200 S. Biscayne Blvd., Suite 3900 Miami, FL 33131 Attn: Auditing Dept. FAX: (305) 350-1411 Grant Thornton 200 E Broward Blvd, Suite 2000 Ft. Lauderdale, FL 33301 Attn: Butt Emner FAX: (954) 768-9908 Grau & Company 21 S.E. First Ave, 6~ Floor Miami, FL 33065 Attn: Antonio Grau FAX: (305) 374-4415 374-3700 274-4600 358-4141 358-4111 954 358-1202 373-0123 J.D. Gilbert & Co, CPA's 600 W. Hillsboro Blvd., #510 Deerfield Beach, FL 33441 FAX: (954) 419-1040 Kaufman Melamed & Karp, P.A. 11900 Biscayne Blvd., Suite 262 Miami, FL 33181-2726 Attn: Dana M. Kaufman FAX: (305) 895-3302 Keefe McCullough & Co. 6550 N. Federal Hwy., Suite 410 Ft. Lauderdale, FL 33308 Attn: Joe Leo Madsen, Sapp, Mena, Rodrequez & Co. 7080 NW. 4th Street Plantation, FL 33317 Attn: Thomas H. Evens FAX: (954) 581-1788 Millward & Co. 2745 W Cypress Creek Road Ft. Lauderdale, FL 33309-1757 Attn: Dina Froug FAX: (954) 974-0300 Rachlin & Cohen One S.E. Third Ave., Tenth Floor Miami, FL 33131 Attn: Jerry Chiocca Requested via fax - 8/2/96 KPMG Peat Marwick, LLP One Biscayne Tower 2 South Biscayne Blvd Miami, FL 33131 Attn: Jose R. Rodriguez FAX: (305) 577-0544 954 419-1000 895-5400 954 771-0896 954 583-7711 954 971-7000 377-4228 789-2600 CITY OF AVENTURA RFP FOR AUDITING SERVICES RFP NO.# 96-03 FIRMS SUBMITTING PROPOSALS AS OF 2:00PM - AUGUST 7TM 1996 MADSEN, SAPP, MENA, RODRIGUEZ & CO., P.A. 7080 NORTHWEST FOURTH STREET PLANTATION, FLORIDA 33317 ATrN: THOMAS H. EVANS, JR. PH: (954) 583-7711 FAX: (954) 581-t788 KEEFE MCCULLOUGH & CO. CERTIFIED PUBLIC ACCOUNTANTS 6550 NORTH FEDERAL HIGHWAY, SUITE 410 FT. LAUDERDALE, FL 33308 ATTN: JOE LEO PH: (954) 771-0896 FAX: (954) 938-9353 INFANTE, LAGO & COMPANY 11900 BISCAYNE BLVD., SUITE 288 NORTH MIAMI, FLORIDA 33181 ATTN: JESUS A. LAGO, JR. PH: (305) 893.4341 FAX: (305) 893-4507 GRAU & COMPANY, P.A. 111 N.E. FIRST STREET, 5TM FLOOR MIAMI, FLORIDA 33132-2501 ATTN: TONY GRAU, SR. CPA PH: (305) 373-0123 FAX: (305) 374-4415 RACHLIN COHEN & HOLTZ ONE SOUTHEAST THIRD AVENUE MIAMI, FLORIDA 33131 A~I-N: G. JERRY CHIOCCA, CPA PH: (305) 377-4228 FAX: (305) 377-8331 KPMG PEAT MARWICK LLP ONE BISCAYNE TOWER 2 SOUTH BISCAYNE BOULEVARD MIAMI, FLORIDA 33131 ATTN: JOSE R. RODRIGUEZ PH: (305) 789-2600 FAX: (305) 577-0544 A~'~7-ACI~l~q't C CITY OF AVENTURA TABULATION Of AUDITOR PROPOSAL EVALUATION S AUG 9, 1996 KILGORE SOROKA OVERALL TO BE TOTAL TOTAL TOTAL OVERALL INTER- NAME OF FIRM SCORE SCORE 8CORE RANKING VIEWED MADSEN, SAPP, MENA, RODRIGUEZ 76 71 147 4 YES KEEFE, MCCULLOUGH 95 88 183 I YES INFANTE, LAGO 10 14 24 6 NO GRAU AND CO. 55 52 107 5 NO RACHLIN COHEN & HOLTZ 88 85 173 2 YES KPMG PEAT MARWICK 85 80 165 3 YES INTERVIEW DATE TIME 14-Aug 11:OO AM 14-Aug 10:00 AM 14-Aug 3:00 PM 14-Aug 2:00 PM AVERAGE 68 65 133 CITY OF AVENTURA TABULATION OF AUDITOR PROPOSAL EVALUATION S AFTER WRI'I-rEN PROPOSALS AND ORAL PRESENTATIONS AUGUST 14, 1996 INTERVIEW NAME OF FIRM DATE TIME KILGORE SOROKA OVERALL TOTAL TOTAL TOTAL SCORE SCORE SCORE OVERALL RANKING KEEFE, MCCULLOUGH 14-Aug 10:00 AM 93 89 182 RACHLIN COHEN & HOLTZ 14-Aug 3:00 PM 87 84 171 2 KPMG PEAT MARWICK 14-Aug 2:00 PM 84 83 167 3 MADSEN, SAPP, MENA, RODRIGUEZ 14-Aug 11:00 AM 55 65 120 4 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING A RANKING OF FIRMS TO PERFORM AUDITING SERVICES; AUTHORIZING THE CITY MANAGER OF THE CITY OF AVENTURA, FLORIDA ON BEHALF OF SAID CITY TO NEGOTIATE THE SCOPE OF SERVICES AND FEES FOR SAID SERVICES; 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 of Aventura, in accordance with applicable State law, has requested proposals from Certified Public Accounting firms to perform independent audits of the City's accounts and records. WHEREAS, said proposals were evaluated by a Review Team consisting of the Director of Finance Support Services and the City Manager; and WHEREAS, said Review team recommends that the top three ranked firms, based on the firms' experience and qualifications, be: 1). Keefe McCullough & Co., 2). Rachlin Cohen & Holtz and 3). KPMG Peat Marwick, LLP; and WHEREAS, the City Council desires to authorize the Review Committee to negotiate scope of services and fees with the top ranked firms and with the alternate firm(s), should negotiations with the top ranked firm be unsuccessful. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: are~ Section 1. The ranking of firms to perform independent auditing service for the City 1). Keefe McCullough Co. 2). Rachlin Cohen & Holtz 3). KPMG Peat Marwick, LLP Section 2. The firms have been rated on the basis of their experience and qualifications and have not submitted a fee structure to the City. Therefore, the Review Committee shall obtain cost proposals for the first year of the audit from all three firms. Resolution No. Page 2 Section $. The cost proposals of the top ranked firm shall be negotiated by the Review Committee and approved by the City Council prior to said firm beginning any work for which the City may later be billed. Section 4. In the event the City is unable to come to favorable terms and fees with the top ranked firms, the Committee is hereby authorized to negotiate scope of services and fees with the alternate firms. Section 5. The City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this resolution. Section 6. This Resolution shall become effective immediately upon its adoption. who The foregoing Resolution was offered by Councilmember moved its adoption. The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger Councilmember Jay Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey Perlow Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder PASSED AND ADOPTEDthis day of August, 1996. ATTEST: ARTHUR I. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA FINANCE SUPPORT SERVICES DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Council Eric M. Soroka, Ci~..,~r Harry M. Kilgore, Finanbe~pport services August 15, 1996 Director Resolution awarding contracts for Group Insurance Benefit programs for city employees. Recommendation It is recommended that the City Council adopt the attached resolution which awards contracts for the various components of the City Group Insurance program for city employees. The resolution awards contracts for Life and A D & D, Long Term Disability, Health Insurance and IRS Section 125 Plan Administrator. The resolution also rejects all bids for a dental plan. Background On July 16th, the City Council based on staff recommendation, adopted resolution number 96-26. That resolution designated the Rhodes Insurance Group as the City's Group Insurance Broker/Consultant. Once that resolution was adopted, we worked with Mr. Lloyd Rhodes of the Rhodes Insurance Group to develop a set of specifications for the Group Insurance program for city employees. The specification included the following coverages: --Group Life and Accidental Death & Dismemberment (AD & D) --Group Long Term Disability Benefits --Group Indemnity Dental Benefits --Group Health plans (PPO, POS and HMO) --125 Plan Administrator Because of his experience in preparing RFP's for public entities for employee group insurance programs, Mr. Rhodes, with general direction from the City Manager and Finance Support Service Director, was able to develop a set of specifications encompasing all the above coverages. The availability of the RFP was advertised in the Miami Herald on July 23 and 29th. A copy of the text of that advertisement is included as attachment "A". The Rhodes firm contacted the various insurance companies who deal with each type of coverage and provided firms interested with copies of the Request for Proposal. Mr. Rhodes also worked with each company to answer questions and encouraged each to propose. I believe that Mr. Rhodes did an excellent job of working with the various companies and obtaining good rates and coverages for almost all areas. We received sealed proposals in the City Manager's office on August 2®. A total of eleven (11) proposal packets were received. Some packets included proposals from more than one company. Attachment "B" reflects a summary of the proposals received for each coverage. From this document, it is apparent that we received a good number of proposals for each coverage. Mr. Rhodes evaluated the proposals received for each coverage. His recommendations and supporting documents, worksheets, etc. are included as attachment "C" through "G". Mr. Rhodes did an excellent job of analyzing and comparing each plan and I urge individuals to review the detailed analysis of each coverage. I will attempt to summarize Mr. Rhodes recommendations for each coverage type below: 1). Health Insurance - Analysis is included as attachment "C". Mr. Rhodes recommends that we select United Health Care Point of Service Plan 200. This plan offers excellent benefits with all the advantages of a Health Maintenance Organization (HMO) and Preferred Provider Organization (PPO) rolled into one plan. What the plan includes is a network of providers which looks like an HMO with Iow co-payments ($5) but with the ability to go outside the network. If the employee goes outside the network, there is a deductible of $500/year and the plan pays 70% of the balance once the deductible is met. The rates for this plan are very cost effective. Only one POS or PPO was proposed which had lower premiums and it was another United Health Care POS with higher co-payments. Based on the minimal cost differences between these two POS plans, Mr. Rhodes recommends we select the Plan 200. The monthly rates for this plan are: Employee Only 154.02 Employee & Spouse 311.24 Employee & Children 290.08 Employee, Spouse & Children 438.85 The only proposed HMO's with lower premiums were United's Plan 300 and 100 and Foundation Health Plan's Clipper Plus plan. United Plan 300 and 100 are really the same plan as the POS plan 400 and 200 except without the Point of Service options of going outside the network. Foundation's HMO Clipper Plus plan included high co-payment amounts (i.e. $15 for a visit to the doctor versus $5 with the HMO 100 or 200). Therefore, Mr. Rhodes recommended that we offer only the POS 200 plan and no HMO. 2). IRS Section 125 Plan Administrator - Four (4) proposals were received as shown by Attachment "D" Eagles is recommended. Cost of the plan is $750 initial fee and $5 per employee contributing to a dependent care or non-reimbursed medical account. 3). Lon,q Term Disability - Analysis is included on attachment "E". Three proposals were received. UNUM is recommended at a rate of 0.410 per $100 of monthly payroll. 4). Life & AD & D - Five (5) proposals were received as shown on attachment "F". Standard offered the best rate which met proposal requirements. The rate is $0.26/thousand. 5). Dental - We received four (4) proposals; none offered the level of benefits and costs which we want for our employees. Mr. Rhodes recommends rejection of all proposals and to re-bid in a few months once a few more employees are hired. I have reviewed the proposals and Mr. Rhodes recommendations. I concur with each recommendation. The overall cost of this program is well within the amounts budgeted for both the 1995/96 and 1996/97 fiscal years. As a supplement to Mr. Rhodes analysis of the health insurance program, I did a quick worksheet to show the difference in cost between United's POS 400 and 200 plans. Attachment "H" reflects that the total yearly cost to the City of the POS 400 plan would be $4018.73 compared to $4240.81 for POS 200 for an employee covering his/her spouse and children. From the employees perspective, they would pay approximately $2.00 per pay period more for the Plan 200 than for the 400. Page two of two of attachment "B" shows a summary of the costs of the proposed program. Note the total city cost of the program is $3589.70 per employee per year based on our current staffing patterns. The 1996/97 budget includes $4300 for Health & Dental coverage, $255 for long term disability and an average of $160 for life. This totals approximately $4715 per employee as compared to the $3589.70 per employee for the above program. This provides more than ample funds to obtain a quality dental program once we add a few more employees. Again, I recommend approval of the award to each of the companies and products included in Mr. Rhodes recommendation. I believe we have met our primary objective of obtaining quality insurance products for our employees at a cost that is affordable to both the City and the employees. If you have any questions, please feel free to contact me. HMK/mn Attachment A CITY OF AVENTURA REQUEST FOR PROPOSALS GROUP BENEFITS PLAN RFP # 96-04 Sealed RFP's will be received at the office of the City Manager, Government Center, 2999 N.E. 191st Street, Suite 500, Aventura, Florida 33180, until 3:00 p.m. Friday, August 2, 1996 for the following: Group Life and AD&D Group Long Term Disability benefits Group Indemnity Dental benefits Group Health plans - PPO, POS and HMO 125 Plan Administrator A public opening will take place in the Conference Room located at the above address, time and date. Any proposals received after said date and time will not be accepted under any circumstances. Proposals will be received directly from companies capable of providing these services. The City has selected Lloyd F. Rhodes of The Rhodes Insurance Group to act as their exclusive broker/consultant in reference to this request. No broker participation is required. Request for Proposals may be obtained at The Rhodes Insurance Group, 1219 East Las Olas Boulevard, Fort Lauderdale, FL 33301 or from the Finance Support Services Department of the City at the above address. The City of Aventura reserves the right to reject any or all proposals, to waive any informalities or irregularities in any proposals received, to re- advertise for proposals, or take any other such actions that may be deemed in the best interests of the City. Eric M. Soroka, C Manger Attachment B Page 1 of 3 CITY OF AVENTURA RFP # 96-04 GROUP BENEFIT PLANS SUMMARY OF PROPOSALS RECEIVED Group Life and Accidental Death & Dismembemient 1. Standard Insurance- Recommended Plan 2. Florida Combined Life 3. Unum 4. Combined Insurance Company 5. Prindpal Long Term Disability Insurance 1. Unum- Recommended Plan 2, Florida Combined Life 3. Standard Insurance Group Health Insurance PPO and POS Plans 1. United HealthCare- Recommended Plan 2. Humana 3, Blue Cross Blue Shield HMO Plans 1. United HealthCare 2. Foundation Health 3. Principal Health Care 4. Humana 5. Sunrise Healthcare 6. Health Options Dental Plans 1. Standard Insurance 2. Combined Insurance Company 3. Principal 4. IDP- American Medical Plan 125 Plan Administrator 1. Eagles- Recommended Plan 2. KCI 3. First Benefits, Inc. 4. Hofida Combined Attachment B Page 2 of 3 City of Aventura Group Insurance Plans Financial Analysis of Reconmaendations Benefit Plan Cites Monthly Premium* Group Life & AD& D Benefits $143.'78 Long Term Disability Benefits $189.46 POS Health Plan 200 $3,757.24 IRS 125 Plan $97.50 Total Monthly Premium $4,187.98 Total Employees as of 7/15/96 Average Monthly Cost Per Employee Average Annual Cost Per Employee 14 $299.14 $3,589.70 Notes: All premium based on census provided 8/15/96 with fourteen employees and assumes one employee selects spouse only coverage, one employee selects child or children only coverage and seven employees select family coverage. City health plan contribution equals 100% of single cost and 70% of dependent cost. City contibutes 100% of all other coverages. IRS Plan Costs include $750 initial start up fee and assumes 6 employees choose to participate in the flexible benefit plan. THE RHODES INSURANCE GROUT Attachment B Page 3 of 3 City of Aventura Proposed Group Health Plan - United HealthCare Contribution Analysis Total MomMy Unit PremiumComribution Breakdown Employer Premium POS 200 Coverage Monthly Employer Employee 14 Employee Only $154.02 $154.02 $0.00 $2,156.28 1 Spouse Only $157.22 $110.05 $47.17 $110.05 I Child or Children Only $136.06 $95.24 $40.82 $95.24 7 Spouse & Children $284.83 $199.38 $85.45 $1,395.67 $3,757.24 Average Cost Per Employee $268,37 POS 400 Coverage Monthly Employer Employee 14 Employee Only $145.95 $145.95 $0.00 $2,043.30 1 Spouse Only $149.00 $104.30 $44.70 $104.30 1 Child or Children Only $128.94 $90.26 $38.68 $90.26 7 Spouse & Children $269.92 $188.94 $80.98 $1,322.61 $3,560.47 Average Cost Per Employee $254.32 Monthly Difference between PPOS 200 & 400 Annual Difference $196.78 $2,361.32 City pays 100 % of single premium and 70% of dependent premium Rates are on a composite bill basis Premiums based on census as of 8/15/96 Employee Bi-Weekly Deduction POS 200 Employee Only $0.00 Spouse Only $21.77 Child or Children Only $18.84 Spouse & Children $39.44 Employee Bi-Weekly Deduction POS 400 Employee Only $0.00 Spouse Only $20.63 Child or Children Only $17.85 Spouse & Children $37.37 THE RHODES INSURANCE GROUP Attachment C Page 1 of 10 CITY OF AVENTURA RFP # 96-04 RECOMMENDATIONS GROUP HEALTH PLANS PROPOSALS RECEIVED 1. United HealthCare 2. Humana 3. Blue Cross Blue Shield/Health Options 4. Foundation Health 5. Principal Health 6. Sunrise HealthCare RECOMMENDATION PLAN TYPE POS and HMO PPO, POS and HMO POS and HMO HMO HMO HMO Request for Proposals were mailed to fourteen health care companies doing business in South Florida. Of the fourteen, six companies responded with proposals for Preferred Provider Plans (PPO, Point of Service Plans (POS), and Health Maintenance Plans (HMO). The goal of our analysis was to recommend a health plan which achieved the following: 1. Health benefits which compete favorably with other municipalities. 2. Freedom for employees to choose any providers and still have financial protection. 3. An accessible network for employees seeking higher benefit levels. 4. ^ single source provider to simplify communications and administrative efforts. 5. Competitive cost for both the City of Aventura and the employees with eligible dependents. Our analysis indicates that United HealthCare POS 200 is the plan which achieves all of the objectives stated above. United HealthCare is one of the country's largest health care providers and covers over 200,000 people throughout the state of Florida. United HealthCare entered the South Florida market in May of 1994 with the purchase of CAC Ramsey and subsequently purchased MetraHealth (formerly Met Life and Travelers group Attachment C Page 2 of 10 health business). United HealthCare's home office is in Minneapolis and they cover 54 million members nationwide through various managed care plans. One of the very attractive features of the United POS Plan is the no referral requirement to visit network specialists. None of the other plans proposed contained this feature. In addition, non-network coinsurance is based on usual customary and reasonable charges versus a schedule of allowance. The schedule of allowance method puts more financial uncertainty on employees choosing non-network providers. The Point of Service Plan offers employees the benefits of an HMO Plan while still maintaining freedom of provider choice. If the City were to offer an HMO Plan alongside a PPO or POS Plan, employees choosing the HMO Plan at open enrollment would be committed to using network providers for the entire year. The single POS Plan also simplifies the budgeting process by offering one set of plan premiums guaranteed for twelve months. The references provided by United HealthCare returned very satisfied recommendations. The City of Lighthouse Point was one of the United HealthCare references. Based on our review, analysis, and the stated objectives, The Rhodes Insurance Group recommends that the City of Aventura select the United HealthCare Point of Service Plan 200 as the City's group health insurance effective September 1, 1996. c,.) O Deductible [udivldua] $500 $500 1400 n/a n/a n/a Family $1,O00 $1,C~0 SS00 o/a n/a Wa lndMdu~ n/a n/a n/a $250 $250 $5O0 Family Wa n/a n/a $750 $750 $L500 Ne{work Physician C~es Ne~ork I~pltal Charges Non. Ne{work H~plt,~l C~ar~es THE RHODES INSURANCE GROUP 7 $2911.09 $3,071.95 $3344.81 $4,428.76 $4924.85 $3,806.60 Total Employees - 14 THE RHODES INSURANCE GROUP O {iD City of Aventura- RFP # 96-04 Group I~lO Proposal Comparison 1996 HMO BENEFITS United HealthCare Foundation Health United HealthCare Foundation Health Foundation Health Plan 300 Cli[~er Plus Plan 100 Slandard Plus Hi~n Option Primary Physician 1~0 $~5 $5 $5 13 Specialty Physician $10 $25 $5 $5 $3 Routine Physical Exams $0 $15 $0 $5 $3 Well CMd Care & Immulfizations $0 $15 $0 $5 $3 Inpatient $250 per admission $200 per admission $100 per admission $200 per admission $0 Outpatient $0 $200 $0 $200 $0 Network $50 $50 $50 $25 $25 Non-Network $50 $50 $50 $25 $25 In Area Non-Network $50 $50 $50 $25 $25 Out of Area $50 $50 $50 $25 $25 Brand When Genetic ^'ailable $5 + Difference ] $10+ Difference [ $5 + Difference ] $5+ Difference [ $5+ Difference Syn Self Referral 1 per year $5 copay $25 copay $5 copay $5 copay $3 copay Emergency Ambulance $50 Copa}~ per trip no charge $50 Copa¥ per trip no charge no charge Vision Care not included not included $15 or $25 copay under ~ision Exam not included age 18. not included $5 copay under age 18. $5 copa}, under age 18. Single Vision Lense & Frames not included not included Bifocal Lense & Frames not included not included Daily Wear Contacts not included not included Extended Wear Contacts not included not included HMO BENEFITS United HealthCare Foundation Health United HealthCare Foundation Health Foundation Health Plan 300 Clij~per Plus Plan 100 Standard Plus BA~n Option Mental & Nervous Disorders $10 copay gronp therapy, $10 copay group therapy, $20 copey private therapy $10 copay group therapy, $20 copey $20 copay private therapy Oulpatient $10 col)ay per visit or $1,000 per yr. $10 copay per visit private therapy or $1,000 per yr. or $1,000 per yr. $100 per confinement limited to 30 $0 copay, limited to 30 $100 per confinement $0 copay, limited to 30 Inpatient da~s per yr. days per yr. limited to 30 days per yr. $0 copay, limited to 30 days per yr. days }~er ~ Limited to 44 lifetime Limitedto441ifetimevisitsnotto Limitedto441ffetJmevisit~ visit3 not to exeeed $35 Limitedto441ifetimevisitsnotto Limited to 441ffetime visits Outpatient exceed $35 per visit not to exceed $35 per vlsi! per visit exceed $35 per visit not to exceed $35 per visit Inpatient $0 copay, detox only $0 copay $0 copay~ detox only $0 col)ay $0 col)ay Menial Health Provider MaXtmum Drug & Alcohol Benefit $2,500 $2,500 $2,500 Pre-existing Conditions covered Covered covered Covered Covered no charge, 100 days per 100 days per lifethne - Skilled Nursing Facility I00 days per lifethare - non-custodial lifetime non-custodial 100 Days per Lifetime 100 Days per Lifetilne No charge 1st $2,000 then Infertility Testinl!l No charge 1st $2,000 then 50% 100% 1st $2,000 then 50% 50% 100% 1st $2,000 then 50% 100% 1st $2,000 then 50% Home Health Care Covered - No Copay Covered - No Copay Covered - No Copay Covered - No Copay Covered - No Copay $25 cop,ay limited to 60 days, subject to significant Limited to 60 days, subject to Limited to 60 days, subject Physical & Speech Therapy $20 copay per visit improvement $20 cop,ay per visit significant improvement to significant improvement Durable Medical Eelulpmellt Covered- No Col)ay Covered - No Col)ay Covered- No Col)ay Covered- No Col)ay Covered- No Col)ay gterili~tions Covered- $100 Copay Covered- $100 Copay Covered- $100 Copa¥ Covered- $100 Copay Covered- $100 Copay if approved for general use if approved for general ffapproved for general use ff approved for general use by US Food by US Food & Drug use by US Food & Drag if approved for general use by US by US Food & Drug Dr[lan Transplants & Dnlg Admimsteafion Administration Administration Food & Drug Administration Administration r,.) O HMO BENEFITS United HealthCare Foundation Health United HealthCare Foundation Health Foundation Health Plan 300 Clipper Plus Plan 100 Standard Plus Hi~n O~tion Emplo}ee $161.37 $137.96 $170.44 $153.60 $160.40 Etuployee Plus Spouse $232.62 $275.92 $245.70 $307.19 $320.80 Employee Plus Child or Children $324.41 $262.13 $342.65 $291.83 $304.76 Fauployee Hus spouse & Children $389.08 $413.88 $410.95 $460.79 $481.20 TOTAL MONTHLY PREMIUMS 1 $232.62 $275.92 $245.70 $30739 $320.80 1 $324.41 $262.13 $342.65 $291.83 $304.76 7 $2,723.56 $2,897.16 $2,876.65 $3,225.53 $3368.40 Total Monthly Premium $3,764.70 $3,849.09 $3,976.32 $4,285.35 $4,475.16 Total Annual Premium $45,176.40 $46,189.08 $47,715.84 $51,424.20 $53,701.92 Premiums may be subject to change based on fiual enrollment (') O HMO BENEFITS Principal Health Care Humana Sunrise Healthcare Health Options Sunrise Healthcare Classic Plan Health Plan Premier Plan RI Premier Plus Primary Physician $5 $5 $10 $5 $5 gpecialty Physician $15 $0 $10 $5 $5 Routine Physical Exams $5 $5 $10 $0 $5 ~'ell Child Care & Immunizations $5 $5 $10 $0 $5 $50 per day first 5 days per Inpatient $0 $0 admission $0 $0 $25 copay per surgical $25 copay per surgical Outpatient $0 $0 procedure $0 procedure Network $35 $25 $100 $25 $100 Non-Network $35 $100 $25 $100 In Area Non-Network $35 $25 $100 $25 $100 Out of Area $35 $50 $100 $25 $100 Generic $5 Copay ] $6 $5 $5 Brand When Genetic Available $5 + Difference] $5 + Difference $10 $5 + Difference Gyn Self Referral 1 per)ear $15 $0 Copay $10 $5 copay $5 copay Eanergency Ambulance no charge no charge no charge $50 Copay per trip no charge Vision Care not included included not included included $10 copay one evely 24 $10 copay one every 24 Vision Exam months not included months Single Vision Lense & Frames 20% discount not included 20% discount Bifocal Lense & Frames 20% discount not included 20% discount Daily Wear Contacts 20% discount not included 20% discount Extended Wear Contacts 20% discount not included 20% discount HMO BENEFITS Principal Health Care Humana Sunrise Healthcare Health Options Sumrise Healthcare Classic Plan Health Plan Premier Plan R1 Premier Plus $20 copay limited to 20 visits per contract year $0 Copay up to 20 visits combined with substance or $1,000 per calendar $10 copay limited to 20 No copay 1st visit, $30 $10 copay hmited to 20 visits Outpatient abuse visits year visits per contract year copay visits >20 per contract year $100 copay, ist 5 days, up no charge up to 3O days pe~ $O copay- up to 3O days tolOdayspercalendar no charge hmited to 30 $100copay, lst5days, upto ~npatient contract year p er year year days j~er calendar year 10 daysp er calendar ~ear $20 copay limited to 20 visits per contract year Limited to 44 lffelitne combined with mental visits not to exceed $35 $20 copay hmited to 30 $10 copay limited to 20 visits 3utpatient health visits per visit days per contract year per contract year detox only up to 7 days pet $100 copay, 1st 5 days, up contractyear, 20daysper to l0 days per calendar detoxonlynottoexceed4 $100copay, lstSdays, upto hpatient lifetime $0 copay, detox only year days 10 days per calendar year Viental Health Provider Biodyne Viaxhnum Drug & Alcohol Benefit n/a n/a n/a n/a 5 months without treatment, 3 montks under Pre-existing Conditions covered the plan no charge, fimited to 100 100 days per hfetime - no charge, 100 days per $0 copay max 120 days per no charge, 100 days per Skilled Nursing Facility days per admission non-custodial lifetmte calendar year lifetime limited to $2,000 per year 8 No charge 1st $2,000 then Infertility Testing $6,000 lifetime 50% not covered no charge, limited to 60 Home Health Care days per calendar year Covered- No Copay Covered - No Copay Covered - No Copay Covered - No Copay limited to $2,000 per year 8 Limited to 60 days, subject Limited to 60 days, subject to Physical & Speech Therapy $6,000 lifetime $0 copay to significant improvement $20 copay per visit significant improvement limited to $2,000 per year 8 Durable Medical Falulpmeat $6,000 lifetime Covered - No Copay covered in fi~ll Covered- No Copay covered in full limited to $2,000 per year & Sterilizations $6,000 lifetime Covered- $100 Copay Covered - $100 Copay ~ Transplants HMO BENEFITS Principal Health Care Humana Sunrise Healthcare Health Options Sunrise Healthcare Classic Plan Health Plan Premier Plan RI Premier Plus MONTHLY UNIT P~$ Employee $166.12 $187.76 S200.20 $195.09 Employee Plus Spouse $332.24 $486.48 $387.50 $505.47 Employee Plus Child or Children $315.62 $320.88 $359.80 $333.41 Employee Plus spouse & Children $531.58 $536.99 $543~80 $557.95 3 not provided $498.36 $563.28 $600.60 $585.27 1 not provided $332.24 $486.48 $387.50 $505.47 1 not provided $315.62 $320.88 $359.80 $333.41 7 not provided $3,721.06 $3,758.93 $3,806.60 $3,905.65 Total Monthly Premium $4,811.39 $4867.28 $5,129.57 $5,154.50 $5,329.80 Total Annual Premium $57,736.68 $58,407.36 $61,554.84 $61,854.00 $63,957.60 Premiums may be subject to change based CITY OF AVENTURA RFP # 96-04 RECOMMENDATIONS Attachment D Page 1 of 3 IRS SECTION 125 PLAN ADMINISTRATOR PROPOSALS RECEIVED 1. KCI Administrators 2. Eagles Benefits by Design 3. First Benefits, Inc. 4. Florida Combined RECOMMENDATION Request for Proposals for the IRS Section 125 Plan were forwarded to five companies capable of responding to the requested specifications. Four proposals were received. Of the four received, Eagles Benefits by Design provided the most cost competitive proposal. The initial start up cost for Eagles is $750 with a monthly fee of $5 per employee choosing the Flex Plan option and no charge for employees choosing the Premium Only Plan. The fees proposed are guaranteed for three years. All of the references provided in the proposal returned vep/satisfactory recommendations. Based on our review of the proposals received, The Rhodes Insurance Group recommends that the City of Aventura select Eagles Benefits by Design as the City's IRS 125 Plan Administrator effective September 1, 1996. City of Aventura RFP # 96-04 - IRS Section 125 Plan Administrator Fee Service Analysis Plan Componems KCI Eagles Plan Implementation $750 $750 Plan Documents Plan Documents Trust Agreements Trust Agreements Summary Plan Description Summary Plan Description Group Orientation Meetings Group Orientation Meetings Filing with IRS & Department of Labor Filing with IRS & Department of Labor Monthly Administration Per Participant Per Participant Premium Only Plan $2.50 no charge Full Flex including premium only $5.75 $5.00 Fees to be adjusted to guarantee that they will never exceed the payroll tax Fees guaranteed for three years Fee Guarantee savings to the City Location of Claim Office Dania Stuart Frequency of Claim Adjudication Weekly Daily ? indicates information not included in proposal City of Aventura RFP # 96-04 - IRS Section 125 Plan Administrator Fee Service Analysis Plan Components First Benefits Inc. Florida Combined Plan Implementation $1,500 $975 Plan Documents Plan Documents Tn~st Agreements Trust Agreements Summary Plan Description Summary Plan Description Group Orientation Meetings Filing with IRS & Department of Labor Filing with IRS & Department of Labor Monthly Administration Per Participant Per Participant Premium Only Plan Full Flex including premium only $3.50 $3.65 Minimum $100 per month Minimum $75 monthly Fees guaranteed for three years ? Fee Guarantee Location of Clahn Office Miami Jacksonville Frequency of Claim Adjudication Monthly ? indicates information not included in propo: CITY OF AVENTURA RFP # 964)4 RECOMMENDATIONS Attachment E Page 1 of 2 GROUP LONG TERM DISABILITY PROPOSALS RECEIVED 1. Unum 2. Flodda Combined life 3. Standard Insurance Company RECOMMENDATION Request for Proposals were mailed to seventeen companies for long term disability benefits. Three proposals were received, with Unum providing the most competitive proposal from a cost and benefit perspective. Unum is a nationally recognized underwriter of disability benefits and is rated A++ Excellent by A.M. Best. The references provided by Unum returned very satisfactory recommendations. The proposed rates are guaranteed for two years. Based on an analysis of the responses received, The Rhodes Insurance Group recommends that the City of Aventura select Unum to provide long term disability benefits for the City of Aventura effective September 1, 1996. City of Aventura RFP 96-04 Group Long Term Disability Proposal Comparison Attachment E Page 2 of 2 Long Term Disability Benefits Unum Florida Combined Life Standard EI;mlnation Period 90 Days 90 Days 90 Days Two Years Own Occupation then any gainful occupation fitted by Definition of Total Disahlllty Own occupation to age 65 Own occupation to age 65 training education & experience Amount of Benefits 50% of regular monthly pay 50% of regular monthly pay 50% of regular monthly pay Maximum Benefits $6,000 $6,000 $6,000 Minimum Benefits 10% of Gross or $100 $50 $100 Primary & Partial Dependent Partial offset only if when added to LTD benefit, exceeds 70% of Predisabilil Benefit Offsets earnings Primmy & Family Social Secudty Primary & Family Social Security Duration of Benelits to age 65 plus ADFA to age 65 pins ADFA to age 65 plus ADFA alcknessorinjuryforwhichinsured alcknessorinjuryforwhichinsured sicknessorinjuryforwhichinsured has received treatment, consultatior has received treatment, consultation has received treatment, consultation care or ser~ces 3 months prior to care or services 3 months prior to care or services 3 months prior to Pre-existing Conditions Defined As their effective date their effective date their effective date 3 months without treatment, 12 Pre-existing Coodlttous Covered After 12 months under the plan 12 months under the plan months under the plan Mental & Nervous Limitations 24 months 24 months 24 months Partial Disability Benefits included included included Waiver of Premium included included if disabled prior to age 60 Accumulation of Elimination Period included included ? disabled for 180 consecutive days, disabled for 180 consecutive days, disabled for 180 consecutive days, survivor receives 3 times last gross survivor receives 3 times last gross survivor receives 3 times last gross Survivor Benefits monthly LTD Benefit monthly LTD Benefit monthly LTD Benefit East of Living Adjustment Freeze included included included Exclusions Intentional self - inflicted injury Intentional self - inflicted injury Intentional self - inflicted injury War, declared or undeclared or War, declared or undeclared or active War, declared or undeclared or active participation in a riot participation in a riot active participation in a riot Monthly Insured Payroll $44,308 $44,308 $44,308 Rate per $100 of Monthly Insured Payroll $0.410 $0.420 $0.510 Monthly Premium $181.66 $186.09 $225.97 mnual Premium $2,179.95 $2,233.12 $2,711.65 Rate Guarantee Two Years Two Years Three Years ? indicates information not included in proposal CITY OF AVENTURA RFP # 96-04 RECOMMENDATIONS Attachment F Page 1 of 3 GROUP LIFE AND AD&D PROPOSALS RECEIVED 1. Florida Combined Life PLAN TYPE Basic 2. Standard Insurance Company 3. Combined Insurance Company 4. Unum Basic and Voluntary Basic and Voluntary Basic 5. Principal Basic RECOMMENDATION Request for Proposals were mailed to seventeen companies for the purpose of obtaining Group Life and AD&D Benefits for the City of Aventura employees. Five companies responded. Of these companies, Standardlnsurance responded with the proposalwhich most closely conforms to the benefits requested at the most competitive cost. One key element of the analysis is the benefit maximums and guarantee issue underwriting provision. While Principal appeared to provide the most competitive premium at $0.19 per thousand, they required medical underwriting for any employee earning in excess of $25,000. Standard Insurance only required medical tmderwriting in excess of $75,000, which impacts only the City Manager and not current or future employees. Combined Insurance offered all employees one times annual earnings with a maximum benefit of $125,000. The proposal requested that all employees other than City Manager receive a maximum benefit of $50,000, which eliminates the need for additional taxable income reporting on the part of the City. Standard Insurance has guaranteed the proposed rate for three years. Standard Insurance is ratedA++ Excellent byA. M. Best. All of the references provided by Standard returned very satisfactory recommendations. Based on this information, The Rhodes Insurance Group recommends that the City of Aventura select Standard Insurance to provide the Group Life and AD&D insurance effective September 1, 1996. CITY OF AVENTURA RFP # 96-04 RECOMMENDATIONS Group Life & AD&D Insurance. Proposal Comparison Benefits Florida Combined Life Standard Insurance Unum Combined Insurance Company Principal Basic Life & AD & D One times annual One times annual One times annual Benefit earnings rounded to the earnings rounded to earnings rounded to 100% of Salary 100% of Salary next higher }1,000 the next higher ~1,000the next higher $1,000 City Manager $125,000 All CityManager $125,000 CityManager $125,000 Life $300,000 AD&D Maximum Benefit others $50,000 Ail others $50,000 Ail others $50,000 Ail Employees $125,000 $100,000 Evidence of Insurability in excess of $50,000 in excess of $75,000 in excess of $80,000 > in excess of $25,000 required . if totally disabled prior if totally disabled prior Waiver of Life Premium if totally disabled prior to to age 60, terminates at . in the Event of Total ? > Disability age 60 age 65 to age 60 Accelerated Living included included included ~ ~ Benefits ' ' Age Reductions 35% at age 65, 50% at age 65% at age 70 to 50% at 65% at age 65 to 50% a!~ ~ 70 & to 25% at age 75 age 75 age 70 ' ' Volume $484~000 $484~000 $484~000 $534~000 $538~000 Rate Per $1,000 of Benefit $0.42 $0.26 $0.50 $0.26 $0.19 Total Monthly Premium $203.28 $125.84 $242.00 $138.84 $101.68 Rate Guarantee Period ? Three Years Two Yeat~ ? ? ? indicates information not provided in proposal. CITY OF AVENTURA RFP # 96-04 RECOMMENDATIONS Group Life & AD&D Insurance - Proposal Comparison Benefits Florida Combined Life Standard Insurance Unum Combined Insurance Company Principal Voluntary Life Coverage not available Coverage not included if totally disabled prior to if totally disabled prior if totally disabled prior to age 60, age 60, terminates at ageto age 60, terminates at Waiver of Premium 64 age 65 terminates at age 65 Accelerated Benefit included included Minimum Participation 12 3 lives 25% employee participation Supplemental Premiums Coverage not Rate Per $1,000 of Coverage not included Coverage not available Benefit included Under 30 $0.11 $0.10 $0.08 30 through 34 $0.13 $0.11 $0.11 35 through 39 $0.15 $0.11 $0.14 40 through 44 $0.21 $0.22 $0.22 45 through 49 $0.35 $0.39 $0.38 50 through 54 $0.58 $0.64 $0.58 55 through 59 $0.99 $0~99 $0.89 60 through 64 $1.54 $1.48 $1.25 65 through 69 $2.57 $2.23 $1.99 age 70 & over $4.54 $2.23 $3.41 25% employee participation required CITY OF AVENTURA RFP # 96-04 Attachment G RECOMMENDATIONS Page 1 of 2 GROUP DENTAL PLAN PROPOSALS RECEIVED PLAN TYPE 1. Standard Insurance Company 2. Combined Insurance Company 3. Principal 4. International Dental Plan/American Medical Security RECOMMENDATION Indemnity Indemnity Indemnity Indemnity/DMO Request for Proposals for an indemnity dental plan were forwarded to nine companies capable of providing dental benefits to the City of Aventura employees. Of these nine, four proposals were received. A careful analysis of these benefits and limitations contained within these proposals indicated that, based on the City's current number of employees, these plans do not offer benefits comparable to competing municipalities. Dental plan benefits become more liberal on employer groups with more than 25 employees. In addition, the cost for an indemnity option becomes more affordable with groups of 25 or more employees. Based on this information, The Rhodes Insurance Group recommends that the City of Aventura delay the adoption of a dental plan until the City has 25 employees and a new REP be published to allow for a better response. CITY OF AVENTURA RFP # 96-04 RECOMMENDATIONS Group Dental Plan Comparisons Attachment G Page 2 of 2 Indemnity Hans Dual Option Plan Services Standard Combined Principal IDP- American Medical PI~ Insurance Insurance Company Company Calendar Year Deductible Indemnity DMO Individual $ 50 $ 50 $ 50 $100 None Lifetime Family $150 Waived for Preventive Yes Yes Preventative 10096 100% 100% 10096 100% Prophylaxis Basic 80% 80% 80% 100% scheduled Major 50% 50% 50% 50% scheduled Benefit Waiting Period none 12 months 12 months 6 months None Orthodonture 50% 50% n/a 50% $1,800 copa~ (optional- ratesincluded included included shown below) Lifetime Maximum $1,500 $1,500 $400 none annually Waiting Period 12 months 24 months 12 months none Monthly Unit Premiums Employee $37.93 $33.67 $32.75 $17.55 $12.75 Employee Plus Spouse $77.06 $116.86 $63.00 $35.32 $22.95 Employee Plus Child or Children $81.29 $116.86 $80.93 $35.32 $22.95 Employee Plus.Spouse & $120.42 $116.86 $111.18 $45.90 $35.50 Children Total Monthly Premiums 3 $113.79 $101.01 $98.25 $52.65 $38.25 1 $77.06 $116.86 $63.00 $35.32 $22.95 1 $81.29 $116.86 $80.93 $35.32 $22.95 7 $842.94 $818.02 $778.26 $321.30 $248.50 Total Monthly Premium $1,115.08 $1,152.75 $1,020.44 $444.59 $332.65 Total Annual Premium $13,380.96 $13,833.00 $12,245.28 $5,335.08 $3,991.80 Orthodonture for children under age 19 adds $24.99 to Employee& Child and employee & spouse & child rate for standard ? indicates information not included in proposal CITY OF AVENTURA COMPUTATION OF CITY AND EMPLOYEE COSTS GROUP HEALTH INSURANCE PROPOSALS Attachment H MONTHLY UNITED HEALTH CARE POS 400 MONTHLY EMPLOYEE PREMIUM CITY COST COST UNITED HEALTH CARE POS 200 MONTHLY EMPLOYEE PREMIUM CITY COST COST EMPLOYEE EMPLOYEE +SPOUSE EMPLOYEE + CHILDREN EMPLOYEE + FAMILY YEARLY 145.95 145.95 0,00 154.02 154.02 0.00 294,95 250,25 44.70 311,24 264,07 47.17 274.89 236.21 38.68 290.08 249.26 40.82 415.87 334.89 80.98 438.85 353.40 85.45 YEARLY EMPLOYEE YEARLY EMPLOYEE PREMIUM CITYCOST COST PREMIUM CITYCOST COST EMPLOYEE 1751.40 1751.40 0.00 1848.24 1848,24 0,00 EMPLOYEE +SPOUSE 3539.40 3003.00 536.40 3734.88 3168,89 565.99 EMPLOYEE + CHILDREN 3298.68 2834.50 464.18 3480.96 2991.14 489.82 EMPLOYEE + FAMILY 4990.44 4018.73 971.71 5266.20 4240,81 1025.39 PER PAY PERIOD EMPLOYEE EMPLOYEE +SPOUSE EMPLOYEE + CHILDREN EMPLOYEE + FAMILY 0.00 20.63 17.85 37.37 0.00 21.77 t8.84 39.44 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AWARDING AND LETTING CONTRACTS FOR THE CITY'S GROUP INSURANCE PROGRAM TO UNITED HEALTHCARE PLANS OF FLORIDA FOR POS PLAN 200 (HEALTH INSURANCE), TO EAGLES BENEFITS BY DESIGN INC. FOR IRS SECTION 125 PLAN ADMINISTRATOR, TO UNUM FOR LONG TERM DISABILITY, TO STANDARD INSURANCE FOR LIFE & ACCIDENTAL DEATH AND DISMEMBERMENT; AUTHORIZING THE CITY MANAGER OF THE CITY OF AVENTURA, FLORIDA, ON BEHALF OF SAID CITY, TO EXECUTE ASSOCIATED CONRACTS; REJECTING ALL BIDS FOR DENTAL COVERAGE; 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 of Aventura has employees rendering valuable services; and WHEREAS, the City desires to obtain a Group Insurance program which offers good benefits at an affordable cost to the City and its employees; and WHEREAS, the Rhodes Insurance Group was named as the City's Group Insurance Broker/Consultant, by Resolution No. 96-26; and WHEREAS, the City has properly solicited and received requests for proposals for the various coverages included in the Group Insurance program for City employees; and WHEREAS, the City's Group Insurance Broker/Consultant has received the various proposals and, along with City staff, recommends awards of contracts to United Healthcare for POS Plan 200 (Health Insurance), to Eagles Benefits by Design Resolution No. Page 2 for IRS Section 125 Plan Administrator, to UNUM for Long term disability, to Standard Insurance for Life & A D & D and that all proposals for dental insurance be rejected; and WHEREAS, the City Council, upon the recommendation of City staff, desires to award contracts to said companies and to reject all proposals for dental insurance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1: The contract for each of the following coverages be awarded to each company shown below in accordance with the Request for Proposals submitted by said companies: To: United Healthcare Plans of Florida To: Eagles Benefits by Design To: UNUM To: Standard Insurance Company For: POS Plan 200 (Health Insurance) For: IRS Section 125 Plan Administrator For: Long term disability For: Life & A D & D Section 2: The City Manager be and the same is hereby authorized to execute, on behalf of the City, a contract by and between the parties embodying the terms, conditions, specifications as set forth in the subject invitation, specifications, proposal and requirements for each coverage specified in Section 1, above. .Section 3: All proposals for dental coverage are rejected. Resolution No. Page 3 Section 4: necessary and expedient action to carry out the aims of this Resolution. Section 5: This Resolution shall become effective immediately adoption. The foregoing Resolution was offered by Councilmember who moved its adoption. The motion was seconded by ~and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger Councilmember Jay Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey Perlow Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder PASSED AND ADOPTED THIS day of August, 1996. The City Manager is hereby authorized and requested to take all upon its Councilmember ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA OFFICEOFTHECITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council ~' ~/~, Eric M. Soroka, City/Ma~na~er August 15, 1996 Resolution Regarding County Commission to Transfer Title for Park Site August 20, 1996 City Council Agenda Item ~'(~ Recommendation The five (5) acre park located within the Marina Del Rey Plat is a subject of Interlocal Agreement negotiations. The City has requested the transfer of the site. In order to expedite the process, Commissioner Gwen Margolis has requested the attached Resolution be adopted by the City and sent to her and the County. Commissioner Margolis would assist the City in obtaining the site in an expedited manner. It is recommended that the City Council adopt the attached Resolution regarding the transfer of the title for the park site. If you have any questions, please feel free to contact me. EMS/ne Attachment CC0068-96 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, REQUESTING THAT THE METROPOLITAN DADE COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZE THE TRANSFER OF TITLE TO THE PROPERTY KNOWN AS TRACT F, PARK SITE, OF THE MARINA DEL REY PLAT, AS SHOWN ON EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, TO THE CITY OF AVENTURA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Aventura does not have any of its own land to utilize as a park for the enjoyment of its residents and guests; and WHEREAS, that certain parcel of land known as Tract F, Park Site, of the Marina Del Rey Plat, as shown on Exhibit "A" attached hereto and made a part hereof (the "Park Site") lies within the municipal boundaries of the City of Aventura; and WHEREAS, the Park Site was previously dedicated to Metropolitan Dade County as a condition of a development approval for the use by residents; and WHEREAS, the City is desirous of obtaining title to the Park Site from Metropolitan Dade County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Council requests that the Metropolitan Dade County Board of County Commissioners transfer title to the Park Site to the City of Aventura as a donation for use as a City park. Resolution No. Page 2 Section 2. take all necessary and expedient action to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon adoption. The foregoing Resolution was offered by Councilmember moved its adoption. The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: The City Manager of the City of Aventura is hereby authorized to its ., who , and Councilmember Arthur Berger Councilmember Jay Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey Perlow Vice Mayor Patri¢ia Rogers-Libert Mayor Arthur I. Snyder PASSED AND ADOPTED this __ day of August, 1996. ATTEST: Teresa M. Smith, CMC, City Clerk APPROVED AS TO LEGAL SUFFICIENCY: Arthur I. Snyder, Mayor City Attorney CITY OF AVENTURA OFFICEOFTHECITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council Eric M. Soroka, City~c/~a/~ge~ August 16, 1996 Adoption of the City Logo August 20, 1996 City Council Agenda Item Recommendation Per the instruction of the City Council at the August 13th meeting, attached is a Resolution adopting the logo selected by the City Council for the City. We are working with the artist who submitted the logo to provide a final version of the logo. This will be provided to you early next week. If you have any questions, please feel free to contact me. EMS/ne Attachment CC0069-96 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE CITY OF AVENTURA'S LOGO AS CONTAINED IN EXHIBIT "A"; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Council hereby adopts the logo design contained in Exhibit "A" attached hereto as the official logo of the City. Section 2 This Resolution shall become effective immediately upon its adoption. who The foregoing Resolution was offered by Councilmember , moved its adoption. The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger Councilmember Jay Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey Perlow Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder PASSED AND ADOPTED by the City Council of Aventura, Florida this. day of ,1996. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EXHIBIT "A" (TO BE PRODUCED LATER) CITY OFAVENTURA OFFICE OFTHE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council y~a,a~ Eric M. Soroka, Cit August 6, 1996 Ordinance Creating Planning and Zoning Board 1st Reading July 2, 1996 City Council Agenda Item 7B 2nd Reading August 20, 1996 City Council Agenda Item--~'A Recommendation It is recommended that the City Council adopt the attached Ordinance which creates the City's Planning and Zoning Board. This Board will be advisory in nature and provide a source of involvement and input for City residents. The attached document includes all the amendments approved by the City Council at the July 2, 1996 meeting. Background The attached Ordinance creates a Planning and Zoning Board and was developed based on input from Councilmember Jeffrey Perlow and Leonard Brenner. In addition, the items discussed by the City Council at the June 18, 1996 meeting were incorporated. The following highlights the major points of this Ordinance: · Seven member board appointed by the Mayor subject to approval of the City Council. · Each member shall be a qualified elector and resident of the City for at least six months. · Initial term of office is until November 3, 1997. Thereafter, terms of office for a period of one year. · Powers and duties of the Board shall be of an advisory nature. · The following matters shall be a within the jurisdiction of the Board: -Variances. -Special Exceptions. -Unusual Use Applications. -Conditional Uses. -Creation of Zoning Code and Land Development and Code provisions. -Amendments to zoning map and rezonings. -Review of administrative interpretations. -Zoning Code studies. · The Board's jurisdiction to matters other than studies will not be effective until appropriate staff has been retained to provide support services. If you have any questions, please feel free to contact me. EMS/ne CC0028-96 ORDINANCE NO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE CREATION OF THE CITY OF AVENTURA PLANNING AND ZONING BOARD; PROVIDING FOR CREATION, COMPOSITION AND QUALIFICATIONS; TERM OF OFFICE; ADVISORY CAPACITY; DUTIES AND RESPONSIBILITIES; RULES OF PROCEDURE; JURISDICTION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE; WHEREAS, the City Council desires to create an advisory body, to be known as the City of Aventura Planning and Zoning Board, to provide advice and recommendations to the City Council on matters concerning planning, zoning and development. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Creation, Composition and Qualifications. A. There is hereby created and established the City of Aventura Planning and Zoning Board, (the "Board") consisting of seven (7) members who shall be appointed by the Mayor, subject to the approval of the City Council. Each member of the City Council may recommend appointments to the Mayor. Members of the Board shall hold office at the pleasure of the City Council. Members of the Board shall serve without compensation and shall not be reimbursed for travel, mileage, or per diem expenses. B. Each member of the Board shall be a qualified elector of the City of Aventura who has continuously resided within the City for the six (6) month period immediately prior to appointment, and shall not be an employee of the City. Any member who ceases to reside within the City Limits during his or her term of office shall be deemed to have resigned as of the date of his or her change of residence from the City. In the event of the resignation or removal of any member of the Board, the Mayor shall appoint a person to fill the vacancy on such Board for the unexpired portion of the term of the member vacating such office, subject to approval of the City Council. C. In the event that a member of the Board shall be absent from a duly-called meeting of the Board for three (3) consecutive meetings or in the event that a member has three (3) unexcused absences in a calendar year, then in that event such member shall be subject to removal as a member of the Board by vote of two- thirds (2/3) of the remaining members of the Board. D. The City Manager shall provide necessary staff support for the Board. The City Attorney shall serve as legal advisor to the Board. Section 2. Term of Office. The initial term of office for members of the Board shall be from the date of adoption of the Ordinance creating the Board until November 3, 1997. Thereafter, for a period of terms of office for members of the Board shall be one 1) year, with eligibility for reappointment. Section 3. Advisory Capacity. Except as provided subsequently by Ordinance, the powers Board shall be solely of an advisory nature. Section 4. A. Rules of Procedure. The Board shall adopt rules of procedure in accordance with Ordinance No. 96-09, as amended, may otherwise be and duties of the pertaining to the conduct of quasi-judicial proceedings and other rules of procedure which are not inconsistent with the Ordinances of the City and the laws of the State of Florida. The Board shall utilize Robert's Rules of Order recently revised 1990 Edition for the rules of procedure for the conduct of meetings of the Board. The Board may create additional rules for the conduct of its internal proceedings. B. During the first meeting of the Board, the members shall elect one of their number to act as Chairman and may elect a Vice- Chairman. C. Four (4) members shall constitute a quorum for the transaction of business of the Board. Official action shall be taken by the Board only upon the concurring vote of a majority of the members present at an official meeting of the Board. Section 5. Jurisdiction. The jurisdiction of the Board shall be solely advisory. Action of the Board shall be in the form of a written Manager. A. recommendation of advice to the City Council and City The following matters shall be within the advisory jurisdiction of the Board: 1. Ail applications for Zoning Public Hearings pursuant to Dade County Code Sec. 33-311, as made applicable in the City pursuant to City Charter Sec. 8.03 and City Ordinance No. 96-05, including but not limited to, the following: a. Variances including non-use variances and use variances; b. Special exceptions to the City Zoning Regulations; 3 c. New uses and unusual use applications; d. Conditional uses pursuant to City Zoning Regulations; e. Creation of City Land Development Code provisions, Zoning Code provisions, and amendments to existing City Zoning Code provisions; and f. Appeal of administrative decisions. 2. Amendments to the Zoning District Maps of the City or rezonings of properties within the City; 3. Potential Zoning Code enactments assigned to the Board by the City Council for study to assist the City Manager and City Attorney in preparation of proposed Ordinances for consideration by the City Council. 4. Other matters of zoning and planning assigned to the Board by the City Council. B. The jurisdiction of the Board conferred pursuant to paragraph 1 and 2 of Section 5.A. above shall not be effective until the City Manager certifies that sufficient City of Aventura staff has been retained to provide support services for the Board's exercise of such jurisdiction; however, the Board's authority to make recommendations to the City Council pursuant to the jurisdiction conferred by paragraphs 3 and 4 of Section 5.A. above, as to those matters specifically referred to the Board by the City Council for study, shall commence effective immediately upon adoption of this Ordinance. Section 6. All members of the Board shall be subject to the Standards of Conduct for Public Officers and Employees set by Federal, State, County or other applicable law pursuant to City Charter Section 7.03. Section 7. Severabilit¥. 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 8. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Councilmember Beskin, who moved its adoption on first reading. The motion was seconded by Councilmember Perlow, and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger Councilmember Jay Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey Perlow Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder yes yes yes yes yes no yes The foregoing Ordinance was offered by Councilmember , who moved its adoption on second reading. The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger Councilmember Jay Beskin Councilmember Ken Cohen Councilmember Harry Holzberg 5 Councilmember Jeffrey Perlow Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 1996. PASSED AND ADOPTED 1996. ATTEST: ACTING CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFI IENCY' r CITY ATTORNEY on second reading this __ 2nd day of July, ARTHUR I. SNYDER, MAYOR day of July, CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council y~ Eric M. Soroka, Cit August 6, 1996 Ordinance Establishing Regulations for Temporary Political Signs Ist Reading July 16, 1996 City Council Agenda Item 2nd Reading August 20, 1996 City Council Agenda Item Based on concerns expressed by the City Council regarding the installation of temporary political signs throughout the City, the attached Ordinance has been prepared for your consideration. The Ordinance includes the amendments adopted by the City Council at the July 16, 1996 meeting. If you have any questions, please feel free to contact me. EMS/ne Attachment CC0043-96 ORDINANCE NO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING A PORTION OF THE SIGN CODE OF AVENTURA, FLORIDA PROVIDING FOR THE REGULATION OF TEMPORARY POLITICAL SIGNS; PROVIDING FOR REMOVAL OF IMPROPER SIGNS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTIES; PROVIDING FOR REPLACEMENT OF COUNTY TEMPORARY POLITICAL SIGN REGULATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 8.03 of the City Charter of the City of Aventura (the "City"), there is presently in effect within the City of Aventura the provisions of Article VI "Signs" of Chapter 33 "Zoning" of the Code of Ordinances of Metropolitan Dade County (the "County Code") providing for the regulation of signs within the City; and WHEREAS, the City Council desires to implement, in a phased approach, a new system of sign regulations which will ultimately replace the County Code regulations referenced above within the City; and WHEREAS, the City Council desires to implement, as the first phase of the City's new sign regulations, provisions addressing temporary political signs, currently regulated as Class "A" (temporary) signage under County Code, as provided in this Ordinance; and WHEREAS, nothing in this Ordinance shall impair the enforcement of sign restrictions imposed upon private property pursuant to the provisions of Declaration of Condominium or bylaws, rules or regulations issued thereunder. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. There is hereby adopted the following Ordinance to provide for the regulation of Temporary Political Signs within the City of Aventura, as follows: Sec. 1.01. Temporary Political Siqn Regulations. These regulations shall govern the installation, maintenance and display of temporary political signs in the City of Aventura. Sec. 1.02. Definition. "Temporary Political Sign" shall mean any sign which advocates or suggests to the reader that he or she vote for or against, endorse or not endorse, contribute or not contribute to, or otherwise support or refrain from supporting in any way any proposition to be voted upon by the public or any individual seeking election or appointment to a particular position or office. The term shall also include any sign which declares or affirms support or endorsement for any preposition to be voted on by the public or any individual seeking election or appointment to a particular position or office. Sec. 1.03. Permit Requirements and Limitations. a. No Temporary Political Sign shall be placed on public rights-of-way or on property owned or used by the City of Aventura. No Temporary Political Sign shall be placed upon any unimproved lot or upon any public utility pole or equipment, traffic control device or structure, bridge, guardrail or public traffic or location signs. Each candidate in a municipal election and non-municipal elections shall, prior to the installation and/or construction of signs in accordance with this Ordinance, post or cause to be posted with the City a refundable cash bond in the minimum amount of $500.00. d. Any candidate who has filed his or her qualifying fee pursuant to Section 99.095, Florida Statutes (1991) shall be exempt from the requirement of posting the cash bond. e. Temporary Political Signs shall be permitted in all zoning districts provided that no Temporary Political Sign shall be permitted to remain longer than seven (7) days after the election. In the event, a candidate fails to remove all Temporary Political Signs within the stated time frame, he/she shall forfeit the refundable cash bond. Each property owner or occupant in residential zoning districts, shall be permitted one sign per candidate or ballot issue. The maximum size of any individual Temporary Political Sign shall not exceed four and one-half (4 Y2) square feet in area. g. In all other zoning districts, the maximum size of any one Temporary Political Sign shall not exceed sixteen (16) square feet and the total signable area for Temporary Political Signs located on any single property shall not exceed sixty-four (64) square feet. 2 h. No Temporary Political Sign shall be placed within five (5) feet of any easement of the property upon which the sign is located, No Temporary Political Sign shall be located within ten (10) feet of the edge of the pavement of any street if there is no sidewalk. Temporary Political Signs shall be located solely on the property side of the sidewalk if there is a sidewalk, All Temporary Political Signs placed on vehicles or machinery in residentially zoned property (except bumper stickers) shall not exceed four and one-half (4 ~) square feet and shall be securely fastened to the vehicle in order to ensure that the vehicle is capable of being operated in a safe manner upon the roads of the State of Florida. Portable Temporary Political Signs, except for those securely fastened to vehicles, herein defined as "signs not secured to the ground in accordance with Chapter 42 of the South Florida Building Code, as may be amended," shall not be allowed. No Temporary Political Sign shall be located on property in such a manner as to interfere with or present a hazard to the flow of traffic along the streets adjacent to the property upon which the Temporary Political Sign is located. Any individual or entity who posts or causes to be posted a bond pursuant to subparagraph Sec. 1.03 c. herein, and/or the owner and/or tenant of the property where a temporary political sign is located, shall be responsible for any hazard to the general public which is caused by, or created by reason of, the installation and/or maintenance of Temporary Political Signs. The candidate shall also be responsible for the prompt removal of such signs. m. No political sign shall be installed more than sixty (60) days prior to the date of the election which is the subject matter of such sign or more than sixty (60) days prior to a primary election scheduled prior to such election, whichever is earlier. n. The City Manager or his/her designee shall furnish a copy of this Ordinance to all qualifying candidates who shall sign and date an acknowledgment of receiving the document. Section 1.04. Removal of Improper Signs. a. Any Temporary Political Sign not posted in accordance with the provisions of this Section and any such sign which exists in violation of this Section shall be deemed to be public nuisance and shall be 3 subject to removal by the candidate, property owner or the City. If the City removes the sign as a last resort, the City Manger or his/her designee shall deduct the cost and expense of removal from the posted cash bond. b. Emerqency. Notwithstanding the above, the City Manager may cause the immediate removal of any sign that constitutes a nuisance or poses an immediate danger to the health, safety or welfare of the community. City personnel may enter onto premises, with or without the property owner's consent, for emergency removal. Section 2. 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. Section 3. Penalty. Any person who violates any provisions of this Ordinance shall, upon conviction, be punished by a fine not to exceed $500 or imprisonment in the County jail not to exceed sixty (60) days or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate violation. This Ordinance shall be subject to enforcement under the Local Government Code Enforcement Act, Chapter 162, F.S., as amended. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction. Section 4. Replacement of Temporary Political Siqn Requlations. Pursuant to City Charter Section 8.03, this Ordinance shall replace the provisions of 4 Sec. 33-99, of the Metropolitan Dade County Code pertaining to Temporary Political Signs, to the fullest extent authorized by law. Section 5. Effective Date, This Ordinance shall be effective from and after January 1,1997. The foregoing Ordinance was offered by Councilmember who moved its adoption on first reading. This motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger Councilmember Jay Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey Perlow Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder The foregoing Ordinance was offered by Councilmember who moved its adoption on second reading. This motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger Councilmember Jay Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey Perlow Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder 5 PASSED AND ADOPTED on first reading this PASSED AND ADOPTED on second reading this day of July, 1996. day of August, 1996. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 6 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council _.~ Eric M. Soroka, Cit~na~er July 11, 1996 ~ Proposed Concerning Billboards) Ordinance Providing for a Building Moratorium Class "C" Commercial Advertising Signs (including Ist Reading July 16,1996 City Council Meeting Agenda Item ~]~ 2nd Reading August 20, 1996 City Council Meeting Agenda Item _ ~_~- As directed by the City Council at the July 2, 1996 Council Meeting, attached is a proposed Ordinance providing for a building moratorium concerning Class "C" commercial advertising signs (including billboards). If you have any questions, please feel free to contact me. EMS/ne CM0039-96 WEISS S]EROT~ ~ I-IELFI~N, P.A. ATTORNEYS AT LAW ~665 SOUTH BA¥SHORE DRIVE SUITE ~O~- MIAMI, FLORIDA 3313'~ July 9, 1996 Honorable Mayor and Councilmembers City of Aventura 2999 NE 191st Street, Suite 500 Aventura, Florida 33180 Re: Proposed Ordinance Providing for a Building Moratorium Concerning Class "C" Commercial Advertisinq Signs (including Billboards) Dear Mayor and Councilmembers: Pursuant to City Council direction provided at the July 2, 1996 City Council meeting, enclosed is a proposed building moratorium ordinance which we have drafted concerning Class "C" Commercial Advertising Signs (including Billboards) for City Council consideration. The ordinance requires two readings for final adoption. By letter of July 9, 1996, we have advised Metro- Dade County Planning, Development and Regulation Department of the pending ordinance and have required that no further building permits be issued for Class "C" Signs within the City of Aventura unless approved by the City. The proposed ordinance will enable City staff to do the necessary study to formulate specific restrictions concerning Class "C" Signs within the City of Aventura, subject to City Council adoption. Further, pursuant to City Council direction at the July 2, 1996 City Council meeting, we have investigated the status of the billboard under construction at 18488 Biscayne Boulevard. Attached hereto is correspondence from Mr. Reynaldos, Zoning Plans Processor, of Metro-Dade County, which reflects the permit history of such billboard. It should be noted that the initial building permit for the billboard was applied for on October 25, 1995, prior to the November 7, 1995 incorporation of the City. Additionally, I have been advised by Mr. Reynaldos that the subject billboard is being constructed to replace a previously-existing rooftop billboard which was removed upon demolition of property acquired by the Florida Department of Transportation ("D.O.T.") for the widening of Biscayne Boulevard. I have been further advised that Honorable Mayor and Councilmembers July 9, 1996 Page 2 D.O.T. provided access to the 3M Company for the new billboard at the property upon which the billboard is being constructed, so as to reduce the land acquisition cost which would have otherwise been incurred by D.O.T. for the necessary road right-of-way. In fact, D.O.T. is shown as the property owner in the attached building permit documentation. Further investigation of the status of the subject billboard is being undertaken by us and we will advise you further. Please advise if there are any further questions on this matter. Very truly yours, David M. Wolpin DMW/tms/328001 enclosure cc: Eric M. Soroka, City Manager Richard Jay Weiss, Esq. WEISS SEROT~ (~c HELFM~N, P.~A~. WI~.ISS SEt~OT~E ~ IiIET.lq'2CrA'N', p._A~.. VIA FACSIMILE AND U.S. ATTORNEYS AT LAW S665 SOUTH BAYSHORE DRIVE SUITE SO,4. MIAMI, FLORIDA 33133 TELEPHONE (305) 854-0800 TELl[COPIER (30S) 8S4-;*.~23 July 9, 1996 MAIL Ms. Diane O'Quinn Williams Supervisor Zoning Hearings Section Metropolitan Dade County Department of Planning, Development and Regulation 111 NW 1st Street Suite 1110 Miami, Florida 33128-1974 Re: City of Aventura - Proposed Moratorium Concerning Class "C" Signs Dear Diane: Please be advised that at the July 2, 1996 Aventura City Council meeting, the City Council directed me to prepare a proposed ordinance providing for a moratorium on the installation, construction or modification of Class "C" commercial Advertising Signs, including Billboards. The proposed ordinance will be considered, at first reading, at the City Council meeting of July 16, 1996. In light of the pendency of this legislative matter, we request that your department not process or issue any additional permits for Class "C" Signs within the City limits of the City of Aventura, in the absence of City review and approval of such Class "C" Sign. Thank you for your continued assistance. Sincerely, David M. Wolpin DMW\tms\328001 enclosures cc: Honorable Mayor and Councilmembers Mr. Eric M. Soroka, City Manager Mr. Reinaldo Villar, Metro-Dade Zoning Mrr oPotrrAN DEPARTMI~'T OF DEVm~OPM~NT & (PDI STEPHEN P. CLARK CENTE 111 N.W. 1ST STREET SUITE 1010 MIAMI, FLORIDA 33128-19' PHONE (305) 375-26F FAX (305) 375.2811 DATE: C:~ /o~ /="/(F' TIME: ~'/~ NO. OF PG$: ~ (in clu~'mg ti,as one) MIGUEL A. REYNALDOS ZONING PLANS PROCESSOR PLAI~NINO. DEV~ ~, ~ ~1~1~4 ~U~ON D~A~ · IF YOU DO NOT RECEIVE ALL THE PAGES AS,INDICATED ABOVE, PLEASE CALL THE NUMBER PROVIDED BELOW AS SOON AS POSSIBLE. TELEPHONE: (305) 375-26~' FAX: (305) 375-281t K P~-k,d' D~I-Ab, TM~_NI OF F'LANNiNO, I,'=¥~-OPM,~N~ ANG REGULA?[I]N MOD PERNii' APPLiCATiON CLERK iNiTiALS YLA .APPLiCAtiON DArE 10Z595 PROCESS NO. FROJECT (Y/N) N iF 8UB(IlDiARY,, MAS~ER F'ER~iT NO. 00000000 BNZNl101 C96014458 ADDRESS/APT ~ 18488 Bi,aC,,,YNr.. (ii. VII, CONTRAC]'OR ~ CGCGOS048 NAFIE NATiONAl.. QUALi,":i£R # ?-&55ZTSiI NAME LEWIS CI4ARLES E " ~YFE 0,1 AL. ir.-.R EX'TI,:RiOR SQ r'~ AFPL1CA ~ iON CLUC CODE 0065 PAI~KTN6/MOI;ILE HOME F'ARK PROCESS NO. PLANS ARE TO ['~ F II.["D WTTH PERMIT TYPE PRO USE iT3~ R/C C RETAIL SALES CONTACT NAME ADDRLSS CITY STATE A/E NAMF ~-3Di*,¥-SHAPEG OWN=R NA,~j_E FLA D~P~ OF TRANSPORTATION LEGAl. F'ORT LC 5 & 6 Sr.d P BULl. SUB PF3 = CN'fR VAL I"'F'[~ = MSTR PER PF1 = UPDATE F'F-1 =: APPLY HOLDS NE×'i' SCRE;--N Nc,(I KEY ]VERTYPE FIELDS TO BE CHANGED # FOLIO 30ZZ030100050 ADVERTiSiNG COMPANY M.iGN:~I-k 1344 UNITS I FLOORS 1 NALK THRU (Y/N) N PROCESSING (Y/N/O) Y COUNTY AGENCY NO- EL?.!C B I[.L~OARD UFFRONT FEE PAiD N PERMIT NO ~60~7~ PHONE 0000000000 P[~ 1'7'4 WAIVER OF F'LA'i' D'I'941T VAL PFg' -- Ai:)D ZNG REV I"'FI?- ,= ADD SON REV PF6 = PRINT AF'F'L F'F:]] =: MOD ZNG REV DEST-= (IZCP AND DEPRESS F'F1 TO UPDATE DEPARTMENT OF" PLANNING, DEVELO,"MEN' MOD SIGNS DATA SHEET b.uN SiZE(W/H) 00~.00 X 6'TZ.O0 SQ. FOOTAGE ]344 FRONTAGE 14Z WALL SiZE X WALL AREA SiGN TYPE 301 _ Ci.A~S C ~E%ACHED MATERIAL TYPE 4 ML{~ AL PROPERTY ~iZE 1,12 % ~1 S~T~ACKS 11~ FRO~ C/L OF BISCAYNE R/T X~AY 30'~A){ HOT i:~r. GULA I J. ON AND ...... PROCESS NO. C96014458 (iNZ~loO~l BLYD AVE 5 [:ROM C/L CiF iNTER(S) F'.L. ST COPY "COPY 'v;ARi[-'S" ELEC/V-'SHAP;:'D MONOPOt. E ~(14X48)~,1344 SF CERTIFiCAFE O:': I]CCUFANCY CHECKED(Y/N) N PFi ~- UPDATE F'FS' ~: ADD Si(iN PL NEXT SCi~EEN NEXT KEY SIGNS DATA MODiFiED...PRESS ENTER ]'O CONTINUE PF/1 = MOD PL.N REVi ERAP DEPARTMEf, I'~ OF PLANNiHG~ DEVELOPMENT AND NOD ~ERM[~ APPLICATION CLERK iNiTIALS FI~I~ AF'F'[.iCA~'ION DATE 0530~6 ADDRESS/AF'] ~ ~8.18~ ~iSCAYN~ ~L. VD ~ CGN'FRACTOI~ -~ ESOOOO~OO NA~E NATIONAL. ADVERiS[NG CO~PANY GUALiFIER ¢ ZGOGZ7811 NAME LEWIS APPLiCATiON TYPE 04 ALTER EXTERIOR CLUC CODE 0065 PARKiNG/MOBiLE HONE PARK PROCESS NO. PLANS ARE TO SE FILED WiTH PER, iT TYPE ELEC CATEGORIES O3 CONTACT NAM~ ADDRESS CiTY S] AiE A/E NAME *3M.~V-SI4APED ~iLLBOARD+ELEC ADD OWNER NAMIJ PLA DEF'T OF iF;ANSPOR)Ai iON CHARt. ES E SQ '-" ,- , 1344 REG UL A T i ON ZiP BNZM{lOl 1-74 PROCESS NO. C9614~0OS, OOOOOOOO FOLIO .~OZ>'030100050 UNITS 1 FLOORS 1 WALK THRU(Y/N) Y PROCESSiNG(Y/N/O) Y COUNTY AGENCY ELEC TO ~IL.L. BOARD UPFRONT FEE PAiD N PF3 : CNiR VAil F'~:5 = MSTR PER VAL PF9 ~' ADD ZNG REV FF1 : UPDATE PF4 = APPLY HOLDS PF6 = PRINT APPL. PT11 NEXT SCREEN NE:×~ KEY FPL. iCATiON MODiFiED SUCCE~SFULLY,.ENTER NEXT KEY TO CONTINUE D~:PAR~M£~NI 01:: PLANNiNG~ DEV[~.uP)lr.N MOD SIGNS DATA SHEET PHONE O00000OO00 ~S iGNSF'R WAIVER OF PLAT D--i~qlT F'F1Z ~ ADD SGN REV .= MOD ZNG REV DEST,= ~ZCP '1 AND RE6ULATiON BNZM1301 PROCESS NO, CB~14~OO? Si~N Si.7_E(W/H) 002.00 X 67Z.00 SO. FOOTAGE 1~44 FRONTAGE 142: hALL SIZE: X ~qALL AREA Si6N TYPE 301 CLASS C DETACHED NATERiAL TYPE 4 METAL PROPERTY SiZE ldZ X 61 ~ $ETBACKS 1IB ERO~ C/L OF ~ISCAYNE BLVD AVE 5 FRO~ C/L OF iN~ER(S) P.L. ST R/T XWAY ~O'MA)< HOT COFY "COPY VARIES" ELEC/V-SHAPED MONOPOi. E Z(14X48)~:1344 ~[.EC~RIC ~AiN CERTiFiCATE OF OCCUPANCY Ci4ECKED (Y /N) N FF1 = UPDATE PFS' = A~D Si6N PL PFll ~ ~OD F'LN REV' NEXT SCREEN NEXT KEY iONS DA~A MODIFIED...PRESS ENTER ~0 CONTINUE Application for Sign Permit -- Class A - B ~ (All sigas shell conform co ~e Reg~atioo of tde~opoli~n Dade County B~ilding & Zonir~ Dapt.) Legal Description Loc ~' Bloc[ Size I'e'(;~'~' Detached ~ Wall ., P~ojecting=__ Area t~ Sq. Ft. Neon Painted Wood __ Setbacks '/J '~ from C/L of Roof , .... ' Cantilever , Metal ~-~ Ot~et Thero is no Class 'C" si~fl .~.~..thin OcC:) ft. ~ne ~U-~ Fee ~. Renewal Fee Signed Appro~ls: Pemit ~te 123.05-14 t it Total No, Signs , ~ ¢'~-"~'"~'~ Date of Application /O- Z~ '~/~' ,-, , Inspection , , Date ORDINANCE NO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR A BUILDING MORATORIUM ON ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS UPON CLASS "C" COMMERCIAL ADVERTISING SIGNS (INCLUDING BILLBOARDS) WITHIN THE CITY LIMITS OF THE CITY OF AVENTURA; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPLACEMENT OF MORATORIA PROVISIONS OF SECTION 33-319, ET SEQ. OF THE METROPOLITAN DADE COUNTY CODE FOR THE CLASS "C" SIGN MATTERS ADDRESSED HEREIN. WHEREAS, pursuant to Section 8.03 of the City Charter of the City of Aventura (the "City"), there is presently in effect within the City the provisions of Article VI "Signs" of Chapter 33 "Zoning" of the Code of Ordinances of Metropolitan Dade County (the "County Code") providing for the regulation of signs within the City; and WHEREAS, Class "C," Commercial Advertising Signs, (including Billboards) are currently regulated Pursuant to such County Code provisions; and WHEREAS, the City Council desires to implement comprehensive regulations of Class "C" signs which will be more restrictive than those provided in the above-referenced County Code provisions, so that the public safety is protected and the aesthetic and visual qualities of the City are protected from impairment by Class "C" signs; and WHEREAS, the City Council desires to pendency of the necessary study activity implementation of more comprehensive insure that during the for the formulation and regulations of Class "C" signs, that additional Class "C" signs are constructed or modified, so that the ordinance City's study activity will be fully effective. not installed, produced by the NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Moratorium Imposed. During the time that this Ordinance is in effect as specified in Section 8 below, there shall be a moratorium upon the issuance of Development Orders and Development Permits, as those terms are defined in Section 163.3164, Fla. Stat. (collectively "Development Orders") within the City, concerning the matter of the installation, construction, or modification of Class "C" Commercial Advertising Signs (the "Class 'C' Signs") (including Billboards), as defined in Section 33-84(h) of the County Code, including any sign which is used for any purpose other than: (a) that of advertising to the public the legal or exact firm name of business conducted on the premises at which such sign is located; (b) that of advertising any service or product or products actually and actively being offered for sale on the premises at which such sign is located; (c) being designed or displayed solely to offer for sale or rent the premises upon which such sign is located; (d) that of advertising construction being done or proposed to be done upon the premises at which such sign is located; (e) that of advertising special events approved to be held on the premises upon which such sign is located. Section 2. Waivers. The City Council, after a public hearing, may grant a waiver to the moratorium provided above and 2 authorize the issuance of Development Orders for Class "C" Signs, where the City Council determines that the specific activity will not detrimentally affect the outcome and implementation of the comprehensive study process being undertaken by the City for the development of appropriate and effective Class "C" Sign regulations. Section 3. Vested Riqhts. Nothing in this ordinance shall be construed or applied to abrogate the vested right of a sign owner to complete development where the sign owner can demonstrate each of the following: (1) A governmental act of development approval obtained prior to the effective date of this Ordinance; (2) Upon which the owner has detrimentally relied, in good faith, by making substantial expenditures; and (3) That it would be highly inequitable to deny the sign owner the right to complete the development of the Class "C" Sign. Any sign owner claiming to have vested rights under this Section (3) must file an application with the City Council for a vested rights determination within 90 days of the effective date of this section. The application shall be accompanied by a fee of $1,500.00 and contain a sworn statement as to the basis upon which the vested rights are asserted, together with documentation required by the City and other documentary evidence supporting the claim. The City Council shall hold a public hearing on the application and based upon the evidence submitted shall make a determination as to whether the sign owner has established vested 3 rights. Section 4. Appeals. Appeals from final decisions by the Council under Sections (2) or (3) of this Ordinance shall be by the filing of a notice of appeal in the Circuit Court of the Eleventh Judicial Circuit in and for Dade County in accordance with the Florida Rules of Appellate Procedure for the review of the rulings of commissions or boards. Section 5. Modification to vested develoDment. Within 120 days of a final determination of vested rights under Section (3), a property owner shall have the right to file an application requesting a modification to the vested development, notwithstanding the moratorium. imposed by this section. In considering the applications, the City Council shall apply all established criteria and land development regulations then in effect, including applicable concurrency regulations, and zoning in progress. This right to apply for modification does not in any manner vest any rights, and such application shall be considered a new application subject to de novo proceedings. Section 6. Exhaustion of administrative remedies. No sign owner claiming that this section as applied constitutes or would constitute a temporary or permanent taking of private property or an abrogation of vested rights may pursue such claim in court unless he or she has first exhausted the administrative remedies provided in this section. Section 7. Replacement of County Code Moratoria Provisions for Specific Matter Concerninq Class "C" Siqns. Pursuant to City 4 Charter Section 8.03, of Section 33-319 et and zoning moratoria, this Ordinance shall replace the provisions seq. of the County Code concerning building solely as related to the subject matter of this Ordinance concerning and pertaining to Class "C" Signs, to the fullest extent authorized by law. Section 8. Term. The moratorium imposed by this Section is temporary and, unless dissolved earlier by the City Council, shall automatically dissolve upon the adoption of the new Class "C" Sign regulations of the City, the expeditiously pursued. Section 9. Effective Date. formulation of which shall be This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Councilmember , who moved its adoption on first reading. The motion was seconded by , and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger Councilmember Jay Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey Perlow Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder The foregoing Ordinance was offered · who moved its adoption on motion was seconded by Councilmember to a vote· the vote was as follows: Councilmember Arthur Berger Councilmember Jay Beskin Councilmember Ken Cohen Councilmember Harry Holzberg by Councilmember second reading. The , and upon being put 5 Councilmember Jeffrey Perlow Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder 1996. PASSED AND ADOPTED on first reading this __ PASSED AND ADOPTED on second , 1996. ATTEST: MAYOR ACTING CITY CLERK APPROVED AS TO FORM AND CITY ATTORNEY reading this day of day July, of CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council t~ Eric M. Soroka, Ci r July 11, 1996 Occupational License Tax Ordinance Ist Reading July 16, 1996 City Council Agenda Item 7'/"1 _ 2"d Reading August 20, 1996 City Council Agenda Item ~._._.~._~ Recommendation It is recommended that the City Council adopt the attached Ordinance which establishes Occupational License tax for the privilege of engaging in or managing any business, profession, or occupation in the City. Backqround Pursuant to Chapter 205, Fla. Stat., the City is authorized to adopt an occupational license tax ordinance. The statute also provides that if a city did not adopt a tax ordinance prior to October 1, 1995, the tax rate structure and classifications must adhere to those adopted by adjacent local governments that have implemented Section 205.0535 of the statute. This section provides for the modernization and revisions of rate structures and classifications. The City of North Miami Beach and Hallandale have met these requirements. Therefore, the rate structure included in the attached Ordinance was formulated based on a mix of the two cities' rate and classification structure. The County imposes a dual prong tax. A tax is imposed by the County both upon businesses operating in Dade County and an additional tax is imposed upon all businesses operating within the unincorporated areas. Once the City adopts the attached Ordinance, businesses situated in the City would be no longer subject to the second prong of the County tax. Instead, they would pay one tax to the County and one to the City. It is difficult to assess the impact on businesses in the City. The Dade County fee structure is primarily based on the number of employees. The adjacent cities' structure is based on the type of business. Without the necessary information to determine the number of employees for each business, it is difficult to prepare a comparison. However, the fee structure will be compatible to the surrounding cities. If you have any questions, please feel free to contact me. EMS/ne CC0040-96 ORDINANCE NO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE ESTABLISHMENT OF OCCUPATIONAL LICENSE TAX; PROVIDING FOR TERM OF LICENSES; PROVIDING FOR AFFIDAVIT OF APPLICANT; PROVIDING FOR LICENSE NOT TO PROTECT LICENSEE IN COURT PROCEEDINGS; PROVIDING FOR PENALTIES; PROVIDING FOR GROUNDS FOR DENIAL; PROVIDING FOR APPEAL FROM DENIAL OF LICENSE; PROVIDING REVOCATION OF LICENSE; REQUIRING DISPLAY OF LICENSE; PROVIDING FOR UNCLASSIFIED CATEGORIES; REQUIRING OCCUPATIONAL LICENSES FOR BUSINESS USES CONDUCTED FROM RESIDENTIAL HOMES; ESTABLISHING OCCUPATIONAL LICENSE TAX SCHEDULE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPLACEMENT OF OCCUPATIONAL TAX PROVISIONS PROVIDED BY METRO DADE COUNTY CODE SEC 8A-224, ET. SEQ. AND AN EFFECTIVE DATE. WHEREAS, Pursuant to Sec. 205.0315, Fla. Stat., the City Council has determined that it is in the best interest of the City to adopt an Occupational License Tax Ordinance as provided herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Occupational License Tax Imposed A. Every person, as defined in Sec. 205.022 (3), Fla. Stat., engaged in or managing any business, profession or occupation in the City is required to have a City license and shall, on or before the 1st day of each October before engaging in or managing any business, profession or occupation, register with the City, their names, profession or occupation, and their place of business. In the event that October 1 falls on a weekend or holiday, the license shall be obtained on or before the first business day following October 1. No person shall engage in or manage any such business, profession or occupation without first obtaining the required occupational license. The City Manager or his/her designee shall develop administrative procedures relating to the issuance of business licenses and designate the department responsible for implementing said procedures and issuing the appropriate licenses. B. This occupational license tax requirement shall apply to: (1) Any person who maintains a permanent business location or branch office within the City for the privilege of engaging in or managing any business within the City; (2) Any person who maintains a permanent business location or branch office within the City for the privilege of engaging in or managing any profession or occupation within the City; (3) Any person who utilizes their home for uses as outlined in subsection (1) or (2) above for authorized business activities. (4) Any person who does not qualify under the provisions of subsection (1) or ORDINANCE NO. Page 2 (2) above and who transacts any business or engages in any occupation or profession in interstate commerce where such license tax is not prohibited by section 8 of article I of the United States Constitution. C. A person shall be required to pay a license tax to the City as outlined in the schedule contained in this Ordinance. A license tax shall be required for each type of business performed at the applicant's location that requires a separate license tax as outlined in the schedule contained in this Ordinance. Section 2. Term of licenses; half year licenses; transfer of license. A. Licenses shall expire on the thirtieth day of September of each year. No license shall be issued for more than one (1) year. For each license obtained between October first and April first the full tax for one (1) year shall be paid, and for each license obtained between April first and September thirtieth, one-half the full tax for one (1) year shall be paid. B. Any license may be transferred with the approval of the City Manager or his/her designee when there is a bona fide sale and transfer of the business and the property used and employed therein as stock in trade, and not otherwise. Such transfer shall be made within thirty (30) days after such bona fide sale has taken place. If the provisions of this section are not strictly and completely complied with in every respect, the license pertaining to the business shall be null and void and of no further effect. Such transfer shall take effect upon payment of a transfer fee of three dollars ($3.00) and after presentation of evidence of both the sale and of the original license. C. Upon written request and presentation of the original license, any license may be transferred from one (1) location to another location upon payment of a transfer fee of three dollars ($3.00) and upon verification that such use is permitted by the zoning district regulations at the new location. .Section 3. Affidavit of applicant. A. No license shall be issued or granted to any applicant to engage in the business of selling merchandise at retail or wholesale or the practice or pursuit of any profession or occupation, coming within any of the categories set forth in this Ordinance, unless and until the applicant shall first obtain an occupational license from Dade County and show proof thereof to the City. The applicant shall execute an affidavit before an officer or employee of the City authorized to administer oaths, which shall set forth the following: (2) The applicant's name, address and telephone number; The particular location in the City wherein the applicant proposes to engage in the business for which the license is sought; (3) (4) The date proposed to commence business; The applicant must state whether the fee is based on area, capacity, average value of stock carried, number of persons, or things employed or engaged, quantity, valuation, or other contingency. 2 ORDINANCE NO. Page 3 (5) The names and addresses of corporate officers. B. The affidavit shall be filed with the City. C. On a annual basis, prior to renewal, the City will send out a questionnaire and will require all licensee's to fill in the appropriate information in order for the City to update their files and determine the correct amount to charge as a license fee. Section 4. License not to protect licensee in court proceedings. No license shall be granted until there has been full compliance with Section 3 and no license which may have been granted without full and complete compliance with the provisions of this article shall be a protection to the applicant in any civil or criminal proceeding. Section 5. Penalties A. Any person convicted of violating this Ordinance, or of making fraudulent return, shall be punished as provided by Section 5 (E), in the discretion of the court, and in addition they shall be penalized a sum equal to twenty-five (25) percent of any license fee avoided or evaded by and through the medium of such fraudulent return. B. Each and every day of selling or disposing of merchandise or engaging in a business or profession without making the affidavit, and/or without compliance in full with all of the provisions of this Ordinance, shall constitute a separate and distinct violation of this article. C. No person shall engage in or manage any business, profession or occupation without first obtaining from the city a license for each separate location in the city, and paying the amount set forth in this Ordinance. Any person engaging or managing any business, occupation or profession herein mentioned, between the first day of October and the first day of November of each year without first having complied with the provisions of this article and paying the amount of license tax as provided for in this article, shall be declared delinquent. Those licenses not renewed when due and payable and considered delinquent shall be subject to a delinquency penalty of ten (10) percent for the month of October, plus an additional five (5) percent penalty for each month of delinquency thereafter until paid. However, the total delinquency penalty shall not exceed twenty-five (25) percent of the occupational license fee for the delinquent establishment. D. A license shall be required to cover each and every business advertised by sign, newspaper, magazine or otherwise; and such advertisement shall be considered evidence of conducting business advertised and shall be a sufficient predicate for conviction by the court or other enforcement authority. Such license shall be issued to cover each and every location of such business; and that the assessment and amount of such license taxes are hereby classified and fixed, per annum unless otherwise specified. E. Any person who violates any provisions of this ordinance shall, upon conviction, be punished by a fine not to exceed $500 or imprisonment in the County jail not to exceed sixty (60) days or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate violation. This ordinance shall be 3 ORDINANCE NO. Page 4 subject to enforcement under the Local Government Code Enforcement Act, chapter 162, F.S. as amended. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction. Section 6. Grounds for denial. A. After interview or investigation, City shall not grant or issue a license to an applicant when the City has reasonable and probable grounds to believe that: (1) Information provided by the applicant is false. (2) Within the past three (3) years the applicant committed any act which if done by any person licensed to do business within the city would constitute grounds for the revocation of the license. Section 7. Appeal from denial of license. Any person whose application for a license has been rejected shall have a right to appeal the decision of the City licensing official to the City Manager by appropriate written petition. Section 8. Revocation of license. A. Notwithstanding any other section in this Ordinance to the contrary, the privilege of doing business within the City allowed by the issuance of an occupational license will be subject to a summary administrative revocation by one (1) written thirty- day notice of revocation issued to the license applicant by the City Manager designated official, if it is determined that one or more of the following conditions exist: (1) Repeated City code violations. (2) Misrepresentations in the applications or affidavit. (3) Use of business location for illegal or unsafe activities. (4) Use of business location for activities not contemplated in the application. (5) Misrepresentations made to the City during the application and investigation process. (6) Use of business not in compliance with the conditions of the license. (7) Lack of refuse collection or utility services. B. Such revocation may be appealed to the City Manager within ten (10) days of notice of revocation. C. Such revocation of license will be deemed to relate back to the original time of issuance of such license as if the license had been originally denied at the time of application. Such revocation will be effective immediately. In addition to the above, the City Council or City Manager at any time may revoke a license upon providing written notice and hearing for violation of any ordinance of the City or law of the State or County or for any other good and sufficient reason in the interests of health, safety 4 ORDINANCE NO. Page 5 and welfare. D. Nothing in this section shall affect the liability of any person or business as required by Section 5 of this ordinance. Section 9. Display of License. All persons to whom licenses are issued pursuant to this Ordinance shall cause the licenses to be displayed at all times in a prominent place in their business establishments. Failure to display in such a manner shall constitute a violation of this Ordinance. Section 10. Unclassified Cate.qories. In the event application is made for a license not specifically enumerated in the Tax Schedule, the City Manager or designee shall have the authority to determine the most nearly similar category that shall apply to the applicant. Section 11. Home occupational licenses A. "Home Occupation" shall mean a business or occupation conducted for limited business activities. In any instance where a residential unit is used to conduct a home business consistent herein, a home use license shall be required. No home use business license issued pursuant to this ordinance shall be transferable, assignable or otherwise alienable. B. The following limited business activities are permitted subject to a home use license being issued. (1) Post and receive correspondence of a business nature. (2) Initiate and receive business communication by telephone or fax. C. The issuance of a home use business license shall be subject to the following provisions. (1) Home occupations conducted within the city shall be clearly incidental and secondary to the use of the residence for residential purposes and shall not change the character thereof. (2) (3) (4) (5) No person other than members of the family residing in the premises shall be engaged in such occupation or business. No residence shall be used for the conduct of any business or activity which requires manufacturing, assembly or construction or by its nature or character may disrupt, disturb or adversely alter, change or modify the nature or character of the neighborhood or the quality of life therein. No home occupation shall generate or attract vehicular or pedestrian traffic to a residence. No sign or other advertising of the residential location shall be ORDINANCE NO. Page 6 (6) (7) (8) (9) (10) permitted. No storage of materials or products shall be permitted. Products shall not be offered for sale on the premises. No commercial vehicles shall be kept on the premises or parked overnight on the premises unless otherwise permitted by these regulations. No evidence of the occupation is visible or audible from the exterior of the dwelling unit. In no event shall a barber shop, beauty parlor, tea room tourist home, animal hospital, nursing home, retail store, dancing or band instrument instruction, or clairvoyant be allowed as a home occupation. Section 12. Occupational License Tax Schedule For the purposes of this Ordinance, inventory shall mean the average selling value of annual inventory owned by the business, exclusive of excise tax. Occupational License taxes for the following business, occupations and/or professions are hereby levied and imposed: A ABSTRACT, LAND TITLE, TITLE INSURANCE, PROPERTY CLOSING $100.00 ADULT CARE FACILTY 100.00 ADULT CONGREGATE LIVING FACILTY 100.00 ADVERTISING-PRODUCTS AND SERVICES 150.00 AIRPLANE DEALERS OR MANUFACTURES 120.00 ALCOHOLIC BEVERAGE BUSINESS ESTABLISHMENTS 100.00 AMBULANCE SERVICE 100.00 AMUSEMENT CENTERS 500.00 AMUSEMENT CENTERS OVER 100 MACHINES-EACH MACHINE 7.00 AMUSEMENT MACHINES-DiSTRIBUTORS 150.00 AMUSEMENT MACHINES-EACH MACHINE AS ACCESSORY USE 40.00 AMUSEMENT PARKS 1,000.00 ANIMAL GROOMING 50.00 ANIMAL-CLINiC/HOSPITAL 75.00 6 ORDINANCE NO. Page 7 ANIMAL-EXHIBITIONS 150.00 ANIMAL-KENNEL 60.00 ANSWERING SERVICE 100.00 ANTIQUE SHOP 125.00 APARTMENT EACH UNIT OVER 2 3.50 ARCHERY RANGE 1,000 ARMOURED CARS 100.00 AUCTION SHOPS/AUCTIONEER 200.00 ASTROLOGERS, CLAIRVOYANTS, HYPNOTISTS, FORTUNETELLERS, 7,500.00 AUTO DRIVING SCHOOL 100,00 AUTO DEALER 350.00 AUTO PARKING, STORAGE, GARAGES OR PARKING LOTS 100.00 AUTO DETAILING, CAR WASH OR WAX 100.00 AUTO REPAIR AND/OR SERVICE SHOP 100.00 AUTO PAINT AND BODY SHOP 100.00 AUTO MECHANICAL REPAIRS 100.00 AUTO SERVICE STATION 200.00 AUTO USED CAR DEALER 350.00 AUTO, TRUCK, TRAILER, BOAT RENTING SERVICE EACH VEHICLE 50.00 AUTO FUEL DISPENSOR NOT LOCATED AT AUTOMOTIVE SERVICE STATION 15.00 AUTO TAG AGENCY BAKERY'S-RETAIL BAKERY'S-WHOLESALE, MANUFACTURER/DISTRIBUTOR BAR/LOUNGE BARBER-EACH BARBERSHOP 50.00 100.00 200.00 100.00 30.00 60.00 7 ORDINANCE NO. Page 8 BICYCLE (REPAIRS ONLY) BILLIARD PARLORS BLUEPRINTING BOATS FOR SALE/RENTAL, BOATS; CHARTER AND DREDGE BOAT BUILDERS BOAT TAXI OPERATIONS BONDSMEN PROFESSIONAL BOOKKEEPER/ACCOUNTING SERVICES BOTTLING WORKS/MANUFACTING & DISTRIBUTION BOWLING ALLEY - EACH LANE BROKERS - STKS, BONDS BROKERS - INSURANCE BROKERS - YACHT & SHIP SALESPERSONS BROKERS - OTHERS BURGLAR ALARM/MONITORING COMPANIES BUTCHERS/BUTCHER SHOPS C CANTEEN WAGQN OR CAFE - EACH VEHICLE CARPENTER SHOPS CAR WASH CATERING CARPET AND RUG CLEANING CARPET SALES/INSTALLATION CEMENT, CONCRETE, PLASTER CHECK CASHING STORE CIGARS AND TOBACCOS 60.00 100.00 100.00 100.00 100.00 100.00 200.00 150.00 100.00 150.00 40.00 150.00 100.00 100.00 100.00 100.00 75.00 50.00 75.00 100.00 50.00 100.00 100.00 100.00 200.00 50.00 ORDINANCE NO. Page 9 CLAIMS AND COLLECTION AGENCY CLOTHING A) ALTERATIONS B) TAILOR, DRESSMAKING COIN DEALERS COLD STORAGE WAREHOUSE COMMISlON MERCHANTS COMMERCIAL GARBAGE COLLECTION COMMERCIAL TRASH COLLECTION COMMUNITY BASED RESIDENTIAL FACILITIES CONSULTANTS - EACH CONTRACTORS (A) GENERAL BUILDING (B) SUB GENERAL (C) ENGINEERING SUBCONTRACTORS (D) ACOUSTICAL TILE (£) AIR CONDITIONING (F) AWNING (O) CARPENTRY (H) ELECTRICAL ¢) ELEVATOR (J) FLOOR LAYING & SANDING (K) GAS, FITTING PIPE FITTING (L) JALOUSIE (M) MASON & PLASTER CONTRACTOR (N) MOVING &WRECKING HOUSES 100.00 45.00 100.00 50.00 100.00 75.00 1,250.00 450.00 100.00 150.00 225.00 168.00 168.00 75.00 120.00 90.00 150.00 150.00 90.00 150.00 150.00 50.00 150.00 75,00 9 ORDINANCE NO. Page 10 (O) ORNAMENTAL IRON, BRONZE AND STEEL (P) PLUMBING (Q) PAINTING (R) PLASTERING & CEMENT (S) PLATE GLASS & GLAZIER (T) ROOFING (U) SANDBLASlNG (V) SIGN (W) SOLAR WATER HEATER (X) SEPTIC TANK (Y) SPRINKLER SYSTEM STEEL, REINFORCING (AA) SEPTIC TANK (BB) SOLAR WATER HEATER (CC) SWIMMING POOLS (DD) VENETIAN BLIND (EE) TILE, MARBLE & GRANITE (FF) WELL DRILLING (GG) NOT CLASSIFIED COUNTRY CLUB COSMETOLOGY SALONS COSMETOLOGIST- EACH CREDIT BUREAUS D DANCE HALLS DATA PROCESSING - SERVICE AGENCY DATA PROCESSING - SOF71NARE DEVELOPMENT 75.00 150.00 120.00 150.00 75.00 150.00 150.00 90.00 75.00 120.00 75.00 120.00 75.00 90.00 60.00 150~00 90.00 90.00 450.00 60.00 30.00 100.00 150.00 125.00 150.00 10 ORDINANCE NO. Page 11 DELIVERY SERVICES - PER EACH VEHICLE DENTAL TECHNICIAN/HYGIENIST DIRECTORIES DRAMATIC OR THEATRICAL TROUPES OR COMPANIES DISC JOCKEY (SEE ENTERTAINMENT) DRY CLEANING PLANT E ELECTRIC LIGHT AND POWER COMPANIES EMPLOYMENT AGENCIES ENGAVERS AND LITHOGRAPHERS EXTERMINATORS F FACTORIES - FINANCIAL INSTITUTIONS-BANKS AND TRUST COMPANIES FINANCIAL INSTITUTIONS-BUILDING AND LOAN ASSOC FINANCIAL INSTITUTIONS-MONEY LENDERS EXCEPT BANKS FINANCIAL INSTITUTIONS-MORTGAGE LOAN CO. FINANCIAL INSTITUTIONS-PERSONAL FINANCE CO. FIRE EXTINGUISHER SERVICES FISH MARKET FLEA MARKET FLORIST FUNERAL HOME FURNITURE REFINISHERS G GAS COMPANIES-SELLING BOTTLED GAS GAS COMPANIES-SELLING THRU PIPELINE 10.00 30.00 100.00 200.00 100.00 75.00 150.00 150.00 100.00 100.00 100.00 350.00 350.00 350.00 350.00 350.00 75.00 75.00 1500.00 100.00 100.00 50.00 100.00 250,00 11 ORDINANCE NO. Page 12 GOLF COURSE GOLF-DRIVING RANGES/MINIATURE GOLF GRAVEL, SAND, SOD, DIRT - SALES 500.00 225.00 100.00 H HALLS FOR HIRE HEALTH CLUBS HOME HEALTH CARE SERVICES HOSPITALS HOTELS, LODGING HOUSES AND MOTELS-FIRST ROOM HOTELS, LODGING HOUSES AND MOTELS-EACH ADDITIONAL ROOM ICE CREAM VENDORS ICE CREAM MANUFACTURING OF, WHOLESALE ICE CREAM SHOP/PARLOR ICE MANUFACTURING, DISTRIBUTION & STORAGE INSURANCE ADJUSTERS INSURANCE AGENTS-EACH INSURANCE AGENCY OFFICE INSURANCE COMPANIES INTERIOR DECORATORS J JANITORIAL SERVICES JEWELRY JEWERY BROKER JUNK SHOPS K 150.00 125.00 100.00 315.00 50.00 5.50 50.00 100.00 100.00 180.00 100.00 50.00 100.00 100.00 100.00 100.00 150.00 300.00 250.00 12 ORDINANCE NO. Page 13 KEROSENE DEALERS -WHOLESALE DEALER KEROSENE DISTRIBUTOR-EACH VEHICLE L LABOR UNION ORGANIZATIONS LANDSCAPING SERVICE/LAWN MAINTENANCE LAND DEVELOPMENT COMPANY LAUNDRIES SELF SERVICE LAUNDRIES & DRY CLEANERS LOAN AGENTS LECTURERS LOCKSMITH LUMBER DEALERS M MACHINE SHOPS MANICURIST-EACH MASSEUR/MASSEUSE MAIL ORDER BUSINESSES MANUFACTURING MARBLE AND GRANITE WORKS MARINA MARINA - EACH BOAT SLIP MASSAGE SALONS MEDICAL CLINICS MERCHANTS RETAIL STOCK < $1,000 MERCHANTS RETAIL STOCK OVER $1,000 & < $5,000 MERCHANTS RETAIL STOCK OVER $5,000 & < $10,000 MERCHANTS RETAIL STOCK OVER $10,000 & < $20,000 225.00 28.10 250.00 50.00 100.00 225.00 100.00 150.00 225.00 80.00 150.00 75.00 50.00 50.00 50.00 150.00 100.00 1,000.00 75.00 100.00 200.00 60.00 70.00 150.00 180.00 13 ORDINANCE NO. Page 14 MERCHANTS RETAIL STOCK OVER $20,000 & < $50,000 225.00 MERCHANTS RETAIL STOCK OVER $50,000 & < $100,000 400.00 MERCHANTS RETAIL STOCK OVER $100,000, EACH ADDiTiONAL $1,000 2.00 MERCHANTS WHOLESALE -SAME AS RETAIL MESSENGER SERVICE 60.00 MESSENGER SERVICE- EACH VEHICLE 20.00 MOBILE HOME PARK 300.00 MOBILE HOME SALES 150.00 MONUMENTS AND TOMBSTONES 100.00 MOTION PICTURE THEATRE 400.00 MOTION PICTURE THEATRE - CANDY AND POPCORN CONCESSION 40.00 MOVING COMPANY W/STORAGE 100.00 MOVING COMPANY EACH VEHICLE OVER 2 25.00 MUSEUMS 225.00 MUSIC/RECORDING STUDIO 120.00 N NEWSPAPER PUBLISHERS BUREAU AGENCY 125.00 NEWSPAPER PUBLISHERS DAILY 12000 NEWSPAPERS PUBLISHED WKLY,SEMI-MONTH OR MONTHLY 120.00 NEWSSTANDS 50.00 NIGHT CLUB 300.00 NURSE 30.00 NURSERIES TREES/PLANTS 50.00 NURSING HOMES 100.00 P PAINT & BODY SHOPS 100.00 PARKING LOTS 1 TO 25 CARS 50.00 14 ORDINANCE NO. Page 15 PARKING LOTS OVER 26 CARS PAWNBROKERS PEDDLERS - STREET VENDORS PET SHOP PHOTOGRAPHERS PHOTOGRAPHY STUDIOS PIANO TUNERS POOL MAINTANANCE PRINTING PRIVATE INVESTIGATIVE AGENCY PRIVATE SCHOOLS PROFESSIONALS - EACH INDIVIDUAL PROPERTY MANAGEMENT PUBLISHERS R RAILROAD TRAINS REAL ESTATE BROKER WITH NO AGENTS REAL ESTATE BROKER -EACH AGENT REAL ESTATE SALEMAN REPAIR WATCH AND JEWELRY REPAIR & SERVICE SHOPS RESTAURANTS 0 TO 30 SEATS RESTAURANTS 31 TO 74 SEATS RESTAURANTS 74 TO 149 SEATS RESTAURANTS 150 OR MORE SEATS RESTAURANTS DRIVE IN RESEARCH LABORATORIES 100.00 500.00 100.00 75.00 50.00 100.00 50.00 100.00 100-00 125.00 175.00 170.00 100.00 100.00 500.00 100.00 100.00 50,00 100.00 100.00 50.00 100.00 150,00 200.00 100.00 100.00 15 ORDINANCE NO. Page 16 RINKS - SKATING, ROLLER S SALES OFFICE NO STOCK SCHOOLS SECURITY COMPANIES SHOE REPAIR SHOE SHINE-EACH CHAIR SHOWROOM SNACK BARS AS ACCESSORY USE STORAGE WAREHOUSE/PUBLIC STORAGE T TANNING SALONS 1 TO 5 UNITS TANNING SALONS (AS ACCESSORY USE) TANNING SALONS-EACH ADDITIONAL UNIT OVER 5 UNITS TATTOO PARLOR TAX PREPARATION SERVICE TAXICABS -EACH TELEGRAPH COMPANIES TELEMARKETING SALES TELEPHONE COMPANIES TELEVISION AND RADIO STATION TOWING SERVICE (WRECKING, HAULING, SALVAGE) TRAVEL AGENCY TRUCKING OR TRANSPORT CO TRUCK/TRAILER RENTAL OR LEASING TRUCKITRAILER RENTAL OR LEASING-EACH VEHICLE OVER 3 U 150.00 50.00 175.00 125.00 75.00 28.00 100.00 60.00 100.00 100.00 50.00 10.00 1000.00 100.00 50.00 200.00 100.00 200.00 150.00 100.00 100.00 150.00 100.00 20.00 16 ORDINANCE NO. Page 17 UNCLASSIFIED UNIFORM SERVICE (TOWEL,LINEN,DIAPER) UPHOLSTERER V VALET PARKING PER LOCATION FOR HIRE ONLY VEHICLE LEASING CO-EACH VENDING MACHINES- BUSINESS PREMISES VENDING MACHINES-ONE CENT,EACH MACHINE VENDING MACHINES-FIVE CENTS,EACH MACHINE VENDING MACHINES-TENCENTS,EACH MACHINE VENDING MACHINES-OVER TEN CENTS,EACH MACHINE 100.00 125.00 100.00 100.00 50.00 75.00 1.00 5.00 7.50 10.00 Section 13. 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. Section14. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. Section15. ReplacinR County Code Provisions. Pursuant to City Chapter Sec. 8.04, the provisions of Sec. 8A- 224, Et. Seq. Of the County Code are hereby replaced by this ordinance. The foregoing Ordinance was offered by Councilmember who moved its adoption on first reading. This motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: 17 ORDINANCE NO. Page 18 Councilmember Arthur Berger Councilmember Jay Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey Perlow Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder The foregoing Ordinance was offered by Councilmember who moved its adoption on second reading. This motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger Councilmember Jay Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey Perlow Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this PASSED AND ADOPTED on second reading this day of July, 1996. day of August, 1996. ATTEST: ARTHUR I. SNYDER, MAYOR TERESA M. SMITH, ACTING CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Ordinance No. EMS/ne Aventura Occupational License Ordinance. doc 18 CITY OF AVENTURA TO: FROM: DATE: SUBJECT: CITY COUNCIL MEMORANDUM Eric M. Soroka, City Manager Vice Mayor Patricia Rogers-Libe-~~ August 6, 1996 Resolution Relating to the Dade County Sharing Proposal for Revenue August 20, 1996 City Council Meeting Agenda Item J J A Please place a Resolution on the August 20, 1996 meeting agenda that adopts the Dade County League of Cities' position regarding revenue sharing. The League's position is that the County should increase the ad valorem UMSA rate from 2.227 mills to a level that is at least equal to the average ad valorem tax rate currently charged by the unincorporated cities. PRUne Attachment RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, REQUESTING THAT PRIOR TO CONSIDERATION OF ANY REVENUE SHARING PLAN BY METROPOLITAN DADE COUNTY, THE METROPOLITAN DADE COUNTY COMMISSION, ACTING AS THE LOCAL GOVERNMENT FOR UNINCORPORATED DADE COUNTY (UMSA) RAISE THE UMSA MILLAGE RATE TO THE LEVEL OF THE AVERAGE MILLAGE RATE CURRENTLY BEING ASSESSED BY ITS SISTER MUNICIPALITIES, SO THE CITIZENS OF THE UNINCORPORATED "MUNICIPALITY" OF DADE COUNTY CAN ENJOY THE BENEFIT OF EQUAL DIGNITY AND SERVICE LEVELS COMPARABLE TO THE INCORPORATED AREAS. WHEREAS, various proposals regarding revenue sharing are being discussed and considered by the Metropolitan Dade County Commission; and WHEREAS, there is a movement amongst some of the citizens throughout unincorporated Metropolitan Dade County who apparently wish to raise the quality of their local municipal services; and WHEREAS, incorporated municipalities within Dade County have achieved their respective level of services by imposing and collecting sufficient and appropriate municipal tax millage rates from their respective citizens; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Council recommends that the Dade County Commissioners, as the local commissioners for the residents of unincorporated Dade County, increase the ad valorem municipal millage rate in the UMSA from 2.227 mills to a level that is at least equal to the average ad valorem tax millage currently charged by the incorporated municipalities. Section 2. That no form of revenue sharing plan be pursued by the County until this increase in millage is accomplished and the results and benefits thereof evaluated. Section 3. This Resolution shall become effective immediately upon its adoption. who The foregoing resolution was offered by Councilmember , moved its adoption. The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: Resolution No. Page 2 Councilmember Arthur Berger Councilmember Jay Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey Perlow Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder PASSED AND ADOPTED this day of ,1996. ATTEST: ARTHUR I. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY TO: FROM: DATE: SUBJECT: CITY OF AVENTURA CITY COUNCIL MEMORANDUM Eric M. Soroka, City Manager Jay Beskin, Councilmemberfr-)~ August 14, 1996 Resolution Relating to Dade County Revenue Sharing Plan August 20, 1996 City Council Meeting Agenda Item Please place a Resolution on the August 20, 1996 meeting agenda that opposes any attempt by the Dade County Commission to redistribute tax revenues and urging them to increase the millage rate for unincorporated areas. This Resolution has been adopted by the Village of Miami Shores. JB/ne Attachment RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, OBJECTING TO ANY REVENUE SHARING PLAN PROPOSED BY METROPOLITAN DADE COUNTY THAT WOULD REALLOCATE TAX REVENUES ON A PRO-RATA BASIS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, various proposals regarding revenue sharing are being discussed and considered by the Metropolitan Dade County Commission to the effect that taxes raised in the various municipalities of Dade County would be reallocated throughout Dade County, including the unincorporated area, on a pro-rata basis; and WHEREAS, the citizens of Aventura enjoy a high standard of living because, in large measure, they have elected to tax themselves, through the millage rates adopted by their elected City Council, to provide for the services that they now enjoy; and WHEREAS, unincorporated areas and some municipalities within Dade County do not have the same level of services as Aventura has for the simple reason that such areas have not elected to tax themselves at a millage level that would enable them to enjoy such services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Council strongly opposes any attempt of the Dade County Commission to redistribute the tax revenues of the City of Aventura and other municipalities within Dade County on a pro-rata basis, even if such redistribution initially might result in more revenue being available to the City. Section 2. Dade County should provide for services in the unincorporated areas of the County by raising its millage rate in such areas for providing municipal services and municipalities within Dade County that have insufficient services due to their refusal to raise their own millage rates should do likewise. Section 3. This Resolution shall become effective immediately upon its adoption. who The foregoing Resolution was offered by Councilmember moved its adoption. The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: Resolution No. Page 2 Councilmember Adhur Berger Councilmember Jay Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Coun¢ilmember Jeffrey Perlow Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder PASSED AND ADOPTED by the City Council of Aventura, Florida this day of ,1996. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA CITY COUNCIL MEMORANDUM TO: FROM: DATE: SUBJECT: Eric M. Soroka, City Manager Ken Cohen, Councilmember August 7, 1996 Ordinance Limiting Individual Appointments to One Board Committee or Ist Reading August 20, 1996 City Council Agenda Item I 2nd Reading September 4, 1996 City Council Agenda Item In order to foster more citizen involvement on the City's Advisory Boards, please place the attached ordinance prohibiting an individual from serving on more than one City Board or Committee. The City has a great deal of talented individuals that can provide the necessary expertise for our Boards. KC/ne Attachment ORDINANCE NO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; PROVIDING THAT A PERSON SHALL NOT SERVE ON MORE THAN ONE CITY OF AVENTURA BOARD OR COMMITTEE; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA: Section ~1. Board or Committee Service Limitations. A person appointed to and serving upon a City of Aventura board or committee pursuant to City Charter Sec 3.11, is prohibited from simultaneously serving as a member of another City of Aventura board or committee. Section 2. 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 rsason 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. Section3. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Councilmember , who moved its adoption on first reading. This motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger Councilmember Jay Beskin Councilmember Ken Cohen Councilmember Harry Holzberg ORDINANCE NO. Page 2 Councilmember Jeffrey Perlow Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder The foregoing Ordinance was offered by Councilmember who moved its adoption on second reading. This motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger Councilmember Jay Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey Perlow Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this PASSED AND ADOPTED on second reading this day of August, 1996. day of September, 1996. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 2 CITY OF AVENTURA TO: FROM: DATE: SUBJECT: CITY COUNCIL MEMORANDUM Eric M. Soroka, City Manager Jay Beskin, Councilmember"-)h- August 14, 1996 Revisions to Agenda Meeting Format August 20, 1996 City Council Meeting Agenda Item This is a follow-up to the July 16, 1996 meeting regarding the proposal I made to delete the report section of the agenda. In order to address the concerns expressed by the Council and develop a compromise on this issue, I propose that the report section be deleted from the regular agenda and moved to our workshop meeting. You have advised that a monthly workshop meeting to be held during the day will be scheduled between the Council meetings each month. This was scheduled based on input from the Council and the productive workshop meetings we have had in the past. This is the appropriate time to bring up matters regarding informational reports for the Council, City Manager, and City Attorney. This will help facilitate the regular Council meeting. If a Councilmember still wishes to place an item on the regular agenda, he/she may do so by utilizing the "Other Business" portion of the Agenda. Please place this matter back on the agenda to accomplish the above. JB/ne Attachment CITY OF AVENTURA TO: FROM: DATE: SUBJECT: CITY COUNCIL MEMORANDUM Eric M. Soroka, City Manager Jay Beskin, Councilmember ~) ~v/ July 11, 1996 Revision to Agenda Meeting Format July 16, 1996 City Council Meeting Agenda Item At the time the City Council was elected to office, various subcommittees were appointed to perform various start-up functions. In order for the subcommittees to function, it was important that they reported to the entire council at each meeting. Now that a City Manager and his staff are available to perform the administrative functions of the City, the City Council needs to perform its function as a legislative policy setting board. Therefore, I do not feel it is necessary to maintain the report section of the Agenda. If a Councilmember wishes to place an item on the Agenda, he/she may do so by utilizing the "Other Business" portion of the Agenda. In this regard, I am proposing that legislation be prepared to delete the report section of the Agenda because it is no longer necessary. Please place the necessary Resolution on this agenda to accomplish the above. JB/ne RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AMENDING RESOLUTION NO. 96 - 18 WHICH DID ADOPT THE COMPREHENSIVE COUNCIL MEETING AND AGENDA PROCEDURES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA: Section 1. The following section of Resolution No. 96-18 which did adopt the Comprehensive Council Meeting and Agenda Procedures is hereby amended: c. ORDER OF BUSINESS The order of business of the Council at the regular meetings shall be as follows.- 1. Call to Order/Roll Call 2. Pledge of Allegiance 3. Approval of Minutes 4. Special Presentations 5. Consent Agenda 6. Public Hearings - Ordinances, Land Use Items etc. 7. Resolutions 9=8. Other Business 10.9. Public Comments 11.10.Adjournment f. COUNCIL MEETING ITEMS Section 2. Conflict All Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 3. Severabilit¥ If any clause, section, or other part or application of this Resolution shall be held by any Court of competent jurisdiction to be Coding: Words n h flhliqhted type are additions Words in ~ type are dele{ions unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the validity of the remaining portions or applications of this Resolution, with such ineffective provisions or applications remaining in full force and effect. Section 4. Effective Date. That this Resolution shall become effective immediately upon its adoption. who The foregoing resolution was offered by Councilmember , moved its adoption. The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger Councilmember Jay Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey Perlow Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder PASSED AND ADOPTED by the City Council of Aventura, Florida this day of ,1996. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY TO: FROM: DATE: SUBJECT: CITY OF AVENTURA CITY COUNCIL MEMORANDUM Eric M. Soroka, City Manager Arthur Berger, Councilmember August 14, 1996 Train Whistle Limitation Ban August 20, 1996 City Council Meeting Agenda Item~J~_ As we discussed, I am concerned about the disturbance that is caused to our residents by train whistles blaring in the middle of the night. In order for the City to enact a ban on the whistles, it is necessary for the City to secure the grade crossings. I would like to have this matter placed on the August 20, 1996 Agenda for discussion and action by the Council. ~995 RAILR~OADS Ch. 35 i CHAPTER 351 RAILROADs 351.03 Railroad-highway grade-crossing warning r..~oad-hi,clhwa~ grade crossin~ls can be secured, the signs and signals; audible warnings; exer- ~ c n~ fy c~r ~n~nfV m,qv 13asr an o'dinance ..... cise of reasonable care; blocking highways, · - - * * ~ pron~o~r- m_n thP. soundinq of audible warnin,q devices by trains~ roads, and streets during darkness. ._M.p_on aDproachinq such rallroad-hi,q_hway ,qrade cross- 35i.034 Railroad-highway grade crossings to be .-i~etween the hours of 10 p.m. ahd 6 a m ' cleared for emergency vehicles. (c) Nothing n th s subsection shall be construed to 351,35 Railroad tracks and related equipment; safety nullify the liability provisions of s. 768.28. rules; penalties. (5)(a) Whenever a railroad train engages in a switch- 351,36 Railroad safety inspections and inspectors, lng operation or stops so as to block a public highway, 351,37 Railroad safety, street, or road at any time from one-half hour after sun- set to one-half hour before sunrise, the crew of the rail- ~351.03 Railroad-highway grade-crossing warning road train shall cause to be placed a lighted fusee or signs and signals; audible warnings; exercise of rea- other visual warning device in both directions from the sonable care; blocking highways, roads, and streets railroad train upon or at the edge of the pavement of the during darkness.-- highway, street, or road to warn approaching motorists (1) Every railroad company shall exercise reason- of the railroad train blocking the highway, street, or road. able care for the safety of motorists whenever its track However, this subsection does not apply to railroad- crosses a highway and shall be responsible for erecting highway grade crossings at which there are automatic and maintaining crossbuck grade-crossing warning warning devices properly functioning or at which there signs in accordance with the uniform system of traffic is adequate lighting. control devices adopted pursuant to s. 316.0745. Such (b) A person who violates any provision of para- crossbuck signs shall be erected and maintained at all graph (a) is guilty of a misdemeanor of the second public or private railroad-highway grade crossings, degree, punishab e as provided in s. 775.082 or s. (2) Advance railroad warning signs and pavement 775.083. markings shall be installed and maintained at public rail- Hlstory.--s. 34. ch, 1987, 1874; RS 2264; GS 2841; ch. 7940, 1919; RGS 4529; CGL 6592; s. 1, ch. 73-336; s, 52, ch. 76-31; s, 5, ch. 80-289; ss. 2, 3, ch. 81-318; road-highway grade crossings in accordance with the ss. 1, 12. 14, ch. 82-g0; s. 1, ch. 84-73; s. 39, ch. 86-243; ss. 2. 5, 6. ch. 92-192. uniform system of traffic control devices by the govern- *Note.--Repealed effective October 1.2(302, by s. 6, ch. 92-192. and scheduled fo~ review pursuant to s. 11.61. Section 4, ch. 91-429, repealed s. 11.61 elfective mental entity having jurisdiction over or maintenance AprilS. 199~. responsibility for the highway or street. All persons approaching a railroad-highway grade crossing shall ~351.034 Railroad-highway grade crossings to be exercise reasonable care for their own safety and for the cleared for emergency vehicles.--Except for trains or safety of railroad train crews as well as for the safety of equipment stopped due to mechanical failure where train or vehicle passengers, separation or movement is not possible, any train or (3) Except as provided in subsection (4), any rail- equipment that has come to a complete stop and is road train approaching within 1,500 feet of a public rail- blocking a railroad-highway grade crossing must be road-highway grade crossing shall emit a signal audible cut, separated, or moved to clear the crossing upon the ...__~, for such distance, approach of any emergency vehicle, which for the pur- (4)(a) The Department of Transportation and the pose of this law shall be: Federal Railroad Administration may authorize a munici- (1) An ambulance operated by public authority or by palify or county to implement a whistle ban provided the private persons; following conditions are met: (2) A fire engine; or an emergency vehicle operated 1. A traffic operations system is implemented to by power or electric companies; or secure railroad-highway grade crossings for the pur- (3) Any other vehicle when operated as an emer- gency vehicle, defined as one which is engaged in the pose of preventing vehicles from going around, under, saving of life, property, or responding to any other public or through lowered railroad gates. 2. The municipality or county has in effect an ordi- peril; or hence that unconditionally prohibits the sounding of rail- (4) Emergency vehicles used as such by the Gov- road train horns and whistles during the hours of 10 p.m. ernment of the United States; when upon the approach and 6 a.m. at all public railroad-highway grade cross- of such emergency vehicle, such vehicle gives due ings within the municipality or county and where the ,warning of its approach to such crossing by the sound- municipality, county, or state has erected signs at the mg of sirens, flashing of lights, waving of flag, or any crossing announcing that railroad train horns and whis- other warning sufficient to attract attention to such ties may not be sounded during such hours. Signs so emergency vehicle; and thereupon the said train or erected shall be in conformance with the uniform system equipment shall be cut and said crossing shall be of traffic control devices as specified in s. 316.0745. cleared with all possible dispatch to permit the crossing (b) ....U~n final approval and verification by the and passing through of said emergency vehicle. Hlstory.--s. 4, ch, 67-309; s. 5, ch. 80-289; ss. 2, 3, ch, 81-318; ss. 12, 14, ch. department and the Federal Railroad Administration '83-9o: ss. 3, 5, 6, ch, 92-192; s. 58, ch. 95-143. ~.that such ~raffic ~perations sy~iem meets all state and 'Note.--Repealed effectWe October t, 2002, by s. 6, ch. 92-192. and scheduled ..~ederal sa~ tratfic regulations and that such rail- ~o, rewew pursuant to s. 11.61, Section 4, ch. 91429. repealed s Il 81 effectNe REVISIONS - i FoRM "A" CITY OF AVENTURA Ordinance 96-__ Disclosure of Verbal Contact Agenda Item~'. Ite~ No. ~ of /4~ jO , 199~, agenda ~ body Date of Verbal Communication: ~/~ Identity of Person o~ Entity Making Communciation: Subject and ~ubstance of commun£cat£on= Respectfully, council or Board Member Receiving communication: Filed this dlerk/Secretary '/ C~9, (~:<C~,/~. FORM "A" CITY OF AVENTURA Ordinance 96- Disclosure of Verbal Contact body · 199~ agenda Date of Verbal Communication: ///Xif/,/~ f / Identity of Person or Entity Making communctation: Subject and Substance of communication: Respectfully· Council or Board communication:~::/(/ Name Member Receiving Filed this 1'~ day of ~.,,azx~-t- ,, ~,~ ?i. J~w~ %,. J,~. ~ ~)~ Clerk/Secretary FOR~ "C" cITY OF AVENTURA Ordinance 96- Disclosure of Site Visit, investiqation, Expert ODinion Agenda Item: Item No. ]~ of ~?~ ~ , 199_ agenda body Date of Visit, Investigation or Receipt of Expert Opinion: Nature of Contact: (check as applicable) site visit ( ) Investigation ( ) Expert Opinion Substance of Contact: Identity of Any Person Filed this Respect fully, council or Board Member communication: Name Si ure Receivin~ FORM "A" CITY OF AVENTURA ordinance 96- Disclosure of Verbal Contact Agenda of Item: Item No .':tL -'7- !)(<:-r of 11~,,'i"~" [;bdY':u, ,,,:J 0Zuq,"'d ').,; , , 1996 agenda Date of Verbal Communication: (;(~j ,,,,.4- I c" Ie, '1 { Identi ty of Person or Entity Making c,ommunciation: ::j 1."j/,tr\.i1U.../\(4/~/..;JJ ....u.-{.:-i. FCA-J-' I~~'h Glu,+t.l M\.{lL.i.I'h fU......1'--l-r.___/t.'ly (.~:.--('-J27. Gt'<-<~^ Subject and substance of Communication: 7 "U: c~,i, /h '^' . M c&luY\ ~' Il.o:.H- """" ct.... /\.:;,1:- ,")A: D1;,; 2. /- 1~J. ,-~;"i. .1"1: ;!C./ I.>':{ 'L.-i.cy~/ Respectfully, Councilor Board Member Receiving Communication: {/ Ifl:)/v.L !7CiJ.(. G-p- Name {t~.'CtJ~V1 1t:1/J Signature Filed this 20 day ~f~~:rkYi 't~(, / Clerk/Secretary ,J .. T'- T FORM "c" CITY OF AVENTURA Ordinance 96- Disclosure of Site Visit. Investiqation. Exoert Ooinion Agenda Item: Item No.cf{-'/-tkc-Iof ((.<'{f'~.(,' 'f ){.I , , 199i' agend of C;t"i'",.i!:"IL<; [~'~~'1 L&:{.~,--~,,~-t 'body Date of Visit, opinion: Investigation or Receipt of Expert (t'i_<f'lu.-J.1 IC; ,'<:Ir-,/ .} Nature of Contact: (check as applicable) ('1 Site Visit () Invt::t:iLly&tion () Expert Opinion substance of Contact: V v~O;.I /~6 0 t'N! Identity of Any Person Participating in Contact: . ')., r. "',\.,.k'V'l. , l t.<:clrrv'I{t1~~J- . ~N/ Respectfully, councilor Board Communication: Member Receivil ~\ __. '\ ) \ / -.0. AIL-.t'/ft.-"--,' ):_I,!...J,j C ~ Name ,:i't-, (t :.~ Signature -:-) \..toll ~./ Filed this 20 day of ~~' 199(,. ~~a- (lhr(7 J Clerk/secretary f FORM "A" CITY OF AVENTURA Ordinance 96- Disclosure Agenda Item: Item No. ~ Date of Verbal Communication: of Verbal Contact · 199~ agenda Identity of Perso~n or Entity Making Communciation: Subject and Substance of Communication: Respectfully, council or Board Member Communication: C Name ~ ~ ignatur, / Receivin$ Filed this Clerk/secretary / FORM "C" cITY OF AVENTURA Ordinance 96- Disclosure of Site Visit, Investiqation, Expert Opinion Agenda Item: Item No. 3~ ~C of ?body Date of Visit,. !~nv~estigati°n or Receipt of Expert Opinion: ~//~) ~. ~' /~ 199_~agenda Nature of Contact: (~Site Visit ( ) Investigation ( ) Expert opinion Substance of Contact: (check as applicable) Identity of Any Person Participating in contact: Filed this Respectfully, council or Board Member Communication: ~ignat~/ day of~L ~, h' 19~ dl~rk/Secre~ fY ' Receivin FORM "A" CITY OF AVENTURA Ordinance 96-03_ Disclosure of Verbal Contact Agenda Item: Item No. ~ body Date of Verbal Communication:~/~/ Identity of Person or Entity Making Communciation: Subject and Substance of communication: Filed this Respectfully, council or communication: Board Member Receiving ~lerk/Secr ry .'Z ' FORM "C" CITY OF AVENTURA Ordinance 96-~___~.= Disclosure of Site Visit, Investigation, Expert Opinion Agenda Item: of W% /Jr Date of Visit, Opinion: body investigation or Receipt of Expert · 19~_' agenda Nature of Contact: (check as applicable) (~i Site Visit ( ) Investigation ( ) Expert opinion Substance of Contact: Identity of Any Person Participating in contact: Filed this Respectfully, council or Beard Member Receiving Communication: ~leTk/Secretary FORM "C" cITY OF AVENTURA Ordinance 96- Disclosure of Site Visit, Investiqation, ExDerr ODini°n Agenda Item: Item No. ~ ~ of opinion: (.~/~~//77~ Nature of Contact: (check as applicable) · 199~ agenda site Visit investigation Expert opinion Substance of contact: Identity of Any Person P~rticipating in Contact: Filed this Respectfully· council or Board Member communication: Receivin~ FORM "A" CITY OF AVENTURA Ordinance 96-__ Disclosure of Verbal Contact Agenda Item: body Date of Verbal communication: , 199~ agenda Identity of Person or Entity Makinq Communciation: Subject and Substance of Communication: Respectfully, Council or Board Me.er Receiving Co~unication: Name S i~ture Filed this day of :/~7,,c~D~ ~ , 19~. Clerk/secretary g-zo - 'It, M.iJ~~A The undersigned are the owners of residential real property in close proximity to Application 95-660. We strenuously oppose this application and request that it be denied: PRINT NAME ,/\ <... 'f ),-0, ADDRESS :2D ~3) Lt.J Cc. jj/Ll v'''- 1/ 7--C',:(,.\"~) C"I^),f-:" CiN) /1/1 "] [, .~, ' I. (T ,! I',; / I /'J / ,Off ,.,'--<:....."'....t.P~ .-/- /Ii 'Ij" '-;~~ Ct~-t.({' L~"-{.~ L( Iti. C./'4&r l---rr_~ c--e.. > ,'.-) <-- "Ie:- i'/'" > ". ~// fl- . , . >'-..i- (i( '{, I. ~~ c ,<'-:' <. l-,:<C../ ?"'-C/:'/7<:/-::?t-t:- /', /" ./../(, c' The undersigned are the owners of residential real property in close proximity to Application 95-660. We strenuously oppose this'application and request that it be denied: ADDRESS ;Z~):; "7) L>) ,r~,) dr' '" 3 3) {( (, (( ,j '. ;I'Ll J D I k.'/', C cC i\)<.. II '/' J ' J-(;;~'~;k'j fA.,/ ( k ,4{"",I/';'~_) P' , The undersigned are the owners of residential real property in close proximity to Application 95-660. We strenuously oppose this application and request that it be denied: PRINT NAME ADDRESS .'5 ? ;S/!/&6'---. :SO"z' v S (.> e OYV[I ... UA:O......11'1 pc) .-.2..L------ . ------ / .Jr:" (7~ -;?/r- ?! // The undersigned are the owners of re§idential real property in close proximity to Appiication 95-660. We strenuously oppose this application and request that it be denied! PRINT NAME SIGNATURE ADDRESS The undersigned are the owners of residential real property in close proximity to Application 95-660. ,We strenuously oppose this application and request that it be denied: PRINT NAME SIGNATURE ADDRESS v < .~o"'> ' k..C (' _s~ L~ N THhi t I3L '-> .-T - y- The undersigned are the owners of residential real property in close proximity to Application 95-660. We strenuously oppose this application and request that it be denied: PRINT NAME l_~ .,?'IGNATURE ADDRESS The undersigned are the owners of residential real property in close proximity to Application 95-660. We strenuously oppose this application and request that it be denied: PRINT NAME <, SIGN}\.TURE ADDRESS <"-});l~,~. ... i.., Q,.!~, C (<))fL, ~~ ~ Yl" .1 vb? S1( I'^- ~flfrftUi71& 131+5/\./11, ~--k .J:; ;)t8;?)' Vc 1.~ \1\ wU, J. 0 j'j r .11/." (:, 0:1-03 N ",I \~( (', {\. i /'(7)(', ,- ; ; "'-/ \J~-\ \. :(. ,I ~,:' .. j; , /' / ,/ /_ (I /j/y"? / < /,' i~' /':' , .'~-:) ~ ~, . , ~ f ,~'. I' , ! / , 11' I.",' ! "'- / . >- / i\,( , i ..i- 1,- ',_ ,~ ,I ' !/. ./ /",' I ; '-" ! '. ;(;,/ I, i. ! (; I t.J-jJ / I;' ! , , I, ~ '; ii, I. -. // { " / -- T ~ ,.. The undersigned are the owners of residential real property in close proximity to Application 95-660. We strenuously oppose this application and request that it be denied! PRINT NAME ADDRESS The undersigned are the owners of residential real property in close proximity to Application 95-660. We strenuously oppose this application and request that it be denied: PRINT NAME SIGNATURE ADDRESS ~ .-,-- .s 17 E ie - . CC P OORlVcl..-lff p;;: 1..5/'1;;: G'?JLV lC rl(c-~/1f7.rV Itv/5 AvtS W'C" t):JOfW,(..t..!;. 330 .,;( D:r; r hi :263 # CP. ., 010 f(,O' J.o J:,>:'S' wee ~ The undersigned are the owners of residential real property in close proximity to Application 95-660. We strenuously oppose this application and request that it be denied: PRINT NAME /!:1AJKF7//I/ /5,!---?'/; 2.J,?/ , -- ------- - / 1 ;-- III c> c:.,c U/'o /- :;0 lle/yL~ ~~ _ ~/ ,-. I/-t-~ /1L '.(/A'-~'Z, C fir ( rr c i7 ;:'~ ~ S I{ u/ r\;\ cc c: ':' i ,\ SIGNATURE J~7~ ADDRESS 2.4'5 oS rv>JC' eft; [/i:' #. '//.'-- ",-:.2.,G:)~J --t-.":S-^ /~ (' .) ~. ,v ~ fJ ,C:;'" ........- ./ ~ ('I. /. / t.,.-<.;/t'~( i[.e :2 c:-, 7 (/ hi /. / ~ t ,; ., " <...:.cJ -I;;i..-~L--. ,,<' /)./, >-037 L. '-r~ :)(:5' (vi 1)-.I~ !r-\ (,\ /' '~,}211\0(r{'/v " o / C O#!A / L? ~ ",-1 t) ':' /, !.- c+ -frp ft 1'-..1 C;'./::::(./ ':(" (-- /' / -:r-CJ /::;: l'";:>i...~/'I."/ - .;::----. t; ~ '- ,1- ~ 5{~' "( 'e" (t -(\;) /l / ;!;'.{.7 r'~ / (- ",-/(/ -- '/ ;.'1 l)~!/<: c::.\ C\\ l '-, ~ . ~ , ie, ,'~ ' i\;~ L ( )'1 ( t',- I~ "\' ,\ .-\ \ \ .:.. -\ Ii ,!v '--/', v I /\C :>_L..' <,-", ~ p ,.=,: /,C: (/' , ,? ; C l-1.~i......,-_~, I .-- ; /7 L 1/ ,--,' ,'- (~'I t , _ I{ ; '''~ A ) )~--I ';' oj'':'':..!'' /).\ I ", L '),01 '';;:,1(...'- 7 7;)' !, '" 2~c'~; ~). -1 ~ // ~_ I ( :'---'7). s-c",' ('( pr b- Yo~' " ;.:c \'~ , ,^ j".,;,",f::i',il", ft, J\. ['0 ~I I" '( d <if ,;7 """ , " c; ~ J' V. ( , . 0-. "L " ' }J!/p '!( 33/? D ~' ,X( ~/-l(j { , , .,', ",/ . r'- '-_'~~',~iI..> ~ ' , tlJ,,' 'I ')./ ' , -Ie!' '- L,. (l ,hr; dl- / -J.,'/ ('-'.).;....~i\ <L' ) , , ( , ;2. C ',,~7 '( "" p, ) c '.\( I'" " '- 7 '-~ .~1 ,":J ( A (-, /' fi i- ., J " \ ( f.d - ~ The undersigned are the owners of residential real property in close proximity to Application 95-660. We strenuously oppose this application and request that it be denied! PRINT NAME SIGNATURE ADDRESS 'v ill' . I I..,' ; 1 ( L !~, . d , - ;' j \ (,' L; I Ii bi'~ ,~~ y h. /, I .. ( ( 'J (I I, It (, // ,"v) I <"", {-/'_j /f", , /, ,: l/r;.tl-1 I' ./,,:;J .' /t, \:: I' '" [/1, ft (;'. " ')1 { ',' ,~- / ,/ /~'1.1t (. if ( 1,'~Jv' l,-.",~,..j . .J /,) L .,,: p)t (< C Ij~t (, i, /j [. ( , ,);~ i' ';,\ d( , , "-" r ,'. c___ -I. ...-- ii,,"I'" 1,:( I ! ' : /1'._11 j, / ,......\ , I -' V fl, !" I.~ ,,),/' r'.~ " / / t. .'1 f'.J ~{. ',( ( ( I~ , I r 1....1." ,",-', ") ".1-_ .f .'" " /,( 'f , . j i I s Tii '!< k(!JJc ,:,FF !-I Ii A ~ ) r1 C t /~F ,,' "'j! . /-., " / I~~ , /// ljf/:",f {)/7 L t' 1/, / ( j, 1/ If 'lef Ali"zO" // / ('I' /.',' /' 'j< -~ ./~ r 'J - '- '/:: . I'. ,_{. . '. ...~, _ .1.._',' ,. " ,;_ I f. // / / ./' tl,'l{(:~_ . I//.(C/Jt..l~ _" .,,;<,/ ../ i' ,Ii . ,.-J _, /;..~) ...J! " -: ;, I, ;.< / ! ',-_ C . {_'Ii f! . //,1 (, 'j. ii!'.,';", t c . //~-L/ _;/, 0 . --: (.' / l,! /. L (( 1,,-/' / I i /' I .)((t /, - / ;' u .' L l~/l) J( ".' -, / . , / - . ~/' " .;, ( (; I, (.... J:I f- t.J, (i: t: .11-, 7!,!J!/t." ,- 't55") LL) {lc, 7/ /~ tE -e...(Y)A"PM1MP- C).o3o! Iv,(c,-,,\l+"l(, ~ ~4 -);ij.d),,-~ ~6}-Ol vtJc..etz-..k c.... ~ If"Y The undersigned are the owners of residential real property in close proximity to Application 95-660. We strenuously oppose this application and request that it be denied! ADDRESS -1/"<1 '/(,{; .30) J/c {J; , 0V (' ci!.~ .---, Ii " . J ~ -, J- <.. i ";- J ~~c' ('"' k\-:_'. ,L'\tl -/J.-.( ;'l{,(\, / / ,-~c' j)r iV~-I1'JN':;"'l/':r- L,i /(.') ;:, / 7.,"'l',i,/" r fl" (.. J r \.-1.. L., \. , (' ;-/" 'r ); '5 Tl !i//4 _ /.- \ i /'> /r /_;~":i '__'/'"',/.0/_/, G u. ,It,,' = ;(Y,--, / c~:{-'(C ~ ,y~(f:-' , , ,:tiC!L (. . .)' (11 " rhv -"- '" /':' / ,~ The undersigned are the owners of residential real property in close proximity to Application 95-660. We strenuously oppose this application and request that it be denied: PRINT NAME /-. I f (t II' C ':R. C' 5 S J}1!1 lv' SIGNATURE ADDRESS fli,. ",,-, . .~JfC,VJ.'~ Zt>j7'! IU'e- C f ) /, C'''-'' C c. A !;AT!. I CE. S4,v!f-; t? If JAi"ll IV ','719 The undersigned are the owners of residential real property in close proximity to Application 95-660. We strenuously oppose this application and request that it be denied: . ADDRESS :;LoSJ..rw. c.u0/V~ ?7 J. - '~.J6.Q J':7 j ~~', <..~ 'r u Il \'L r{{q/: .c,I2...C 'i~ K \ ..2C') 7<1 '(,.. l.37 'i " j) /:-'- ,&" ~&-I ':; 7 ~.J " ~, " I- >7 , ' ,;- " i, , J \ ( tl. ,I :J-{ '3 ){' .... j - '. ." "J 'I /) II J-b3? vi I (]~ :!.t )t I t( L~'" lJ., {{ ~ kJ (J'. (! A ).~--. , . \, '.', \ t "-I' , ~. . )..., i ~ . '\ ~q, 1\ L /_. . " ), / ,!2 () ~6 (. The undersigned are the owners of residential real property in close proximity to Application 95-660. We strenuously oppose this application and request that it be denied: ADDRESS J..-U-,rr.cU)C T/{ ",~L, 2[1 ';'Y,..{' tlj' l'e./ j;)/L "2 ',',(:>-/1;'-' ,,~[ 81- .-'.~>, ," ..:r) . - "7 -7 ,"'7 /- C7:;:.,/; if Vr)>I~~ 'L '''-1. A-., ~". , t G "P-i _ ) '3 .:; ~-- Yl?<,"\ "IN '- "- '-".,.,'y....,. ,C J).:p,." 1>-._< fro",.. ~ 7 2..f;- 1'7' /()S-C: -I ., T ~ The undersigned are the owners of residential real property in close proximity to Application 95-660. We strenuously oppose this application and request that it be denied! PRINT NAME ADDRESS / / The undersigned are the owners of residential real property in close proximity to Application 95-660. We strenuously oppose this application and request that it be denied: PRINT NAME SIGNATURE ADDRESS / 2")7) l{/,(',jiI.J, <--- --'T" - The undersigned are the owners of r~idential real property in close proximity to Appiication 95-660. We strenuously oppose this application and request that it be denied! PRINT NAME The undersigned are the owners of re§idential real property in close proximity to Application 95-660. We strenuously oppose this application and request that it be denied! PRINT NAME SIGNATURE ~DDRESS /.2 .9'~', The undersigned are the owners of residential real property in close proximity to Application 95-660. We strenuously oppose this application and request that it be denied: PRINT NAME SIGNATURE ADDRESS &OJt)cc~ II CfltJPtc/CC Dj, 7b~ 2,.-. I' ,. , 2o/6D l4'(!<L ';>r2. 1:'7 a-O u/ CC"c!;r . ?/ - ?t:? / / / ff/~? c'J..O IDa w ,C1'tiZ 'f CLUJ ' i-C'I 1'rU' Lv C~ / f~ The undersigned are the owners of residential real property in close proximity to Application 95-660. We strenuously oppose this application and request that it be denied: PRINT NAME l..~ ~(/~ I:~ LC V J7/7/<? /~ ;C;::;8EL --""T"- - ADDRESS R/Jj- 2c'V A ;:.'1 /(.0(/ J j:J "1. r;.1'/CjJml> ' The undersigned are the owners of residential real property in close proximity to Appiication 95-660. We strenuously oppose this application and request that it be denied! PRINT NAME ADDRESS MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dude County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared S~okle Williams, who on oath says that she Is the Vice President of Legal Advertising of the Miami Dally Business Review f/Ida Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dada County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of PUBLIC NOTICE OF THE PROPOSED ORDINANCE OF THE CITY OF AVENTURA 08/20/96 In the ........... K~,~ ..................... Court, was published In said newspaper In the Issues of Aug 6, 1996 Affiant further says that the said Miami Dally Business Review is a newspaper published at Miami In said Dada County, Florida, and that the said newspaper has heretofore been continuously published in said Dada County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered aa second class mall matter at the post office In Miami in said Dada County, Florida, for a period of one year r : preceding the first pubgcstlon of the attached copy ~isement; and affiant further says that she has ~lt r pa her promised any pereen, firm or corporation , rebate, commission or refund for the purpose curir his ~dtvertisement for publication in the said Swam to and subscribed before me t Is 6 August ~6 ...... day of ........................ , A.D. 19 ...... (SEAL) J o a.T~Y PO~ OFFICIAL NOTARY SEAL Sookio Williams personal~y~?%vn to'm~.. CHERYL H MARMER I~ ~ ~ CC545384 / o~u APR, l~,~Oog PUBLIC NOTICE OF THE PROPOSED ORDINANCE OF THE CITY OF AVENTURA NOTICE IS HEREBY GIVEN that on Tuesday, the 20th day of August. 1996, at a meeting of theCity Council of the City of Aventura.. to be held at 6:00 p.m. in the Council Meeting Room at the Columbia Aventura Hosoital and Medica~ Center ~1110 Biscayne Boulevmd. Suite 101 Aventura, Florida. the City Council wdl consider the adeetion of the followmg Ordinances entitled: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR A BUILDING MORATORIUM ON 'rSSUANCE OF~ DEVELOPMENT ORDERS AND DEVE- LOPMENT PERMITS UPON CLASS C" COMMERCIAL ADVERTISING SIGNS (INCLUDING BILLBOARDS) WITHIN THE CiTY LIMITS OF THE CITY OF AVENTURA: PRO- VID[NG FOR SEVERABILITY: PROVIDING FOR RE- PLACEMENT OF MORATORIA PROVISIONS OF SECTION 33.319 ET SEQ. OF THE METROPOLITAN DADE COUNTY CODE FOR THE CLASS "C" SIGN MATTERS ADDRESSED HEREIN. (Second Reading) AN ORDINANCE OF THE CITY OF AVENTURA. FLORIDA ADOPTING A PORTION OF THE SIGN CODE OF AVEN~TURA. FLORIDA: PROVIDING FOR THE REGU- LATION OF TEMPORARY POLITICAL SIGNS: PROVIDING FOR REMOVAL OF ~MPROPER SIGNS: PROVIDING FOR SEVERABILITY: PROVIDING FOR PENALTIES: PRO- VtDING FOR REPLACEMENT OF COUNTY TEMPORARY POLiTICAL'SiGN REGULATIONS: PROVIDING FOR AN EF. FECTIVE DATE. (Second Reading) AN ORDINANCE OF THE CiTY OF AVENTURA FLORIDA PROVIDING FOR CREATION OF THE CITY OF AVENTURA PLANNING' AND ZONING BOARD: PROVIQING FOR CREATION. COMPOSITION AND QUALIFICATIONS: TERM OF OFFICE: ADVISORY CAPACITY: DUTIES AND RESPONSIBILITIES; RULES OF. PROCEDURE; JU-R~N PR~)~/I~NG' F(~l~l SEVERABIL~-T'~i-AN~ PRaY(DING FOR AN EFFECTIVE DATE. (Second Reading) The proposed Ordinances may be inspected by me public at Ihs Of- rice of the City Manager, 2999 N.E. 191st Street Suite 500, Aventura, Flotid&, the Aventura erancl~ of the Dada County Public Library m 2930 Aventura Boulevard. Aventura, Interested parhes may appear at the Public Heating and be heard with respect to the proposed Ordi- Any person wishing to address the City Council on eft ~tem at tins Public Hearing is asked to register with the City Clerk prior to that item being heard. Prior to making a statement, for the record, please sta~e your name and address. In accordance with the Americans with Disabilities Act of 19g0. a aersons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the City Manager, 466-8910. not later than two bus, ness days prior to such proceedings. if a person decides to appem any decision made by me City Ceunc~l. person will need a record of the proceedings and, for such purpose, may need to ensure fha a verbatim record of the proceedings is made which record includes the testimony and evidence ,upon which me appeal is to be based. Dated this 5th day of August, 1996. Eric M. Soroka, City Manager City of Aventura (305) 466-8910 8/6 96-4-080650M Agreement Between THE CITY OF AVENTURA, FLORIDA and KEITH AND SCHNARS, P.A. For' GENERAL PROFESSIONAL ENGINEERING SERVICES AUGUST 1996 AGREEMENT Between THE CITY OF AVENTURA and KEITH AND SCHNARS, P.A. for GENERAL PROFESSIONAL ENGINEERING SERVICES This agreement is an Agreement between: CITY OF AVENTURA, a political subdivision of the State of Florida, its successors and assigns, hereinafter referred to as "CITY", AND Keith and Schnars, P.A., a Florida corporation, its successors and assigns, hereinafter referred to as "CONSULTANT". WITNESSETH, in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and CONSULTANT agree as follows: ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS For the purposes of this Agreement and the various covenants, conditions, terms and provisions which follow, the definitions and identifications set forth below are assumed to be true and correct and are therefore agreed upon by the parties. 1.1 CONTRACT ADMINISTRATOR: Whenever the term "CONTRACT ADMINISTRATOR" is used herein, it is intended to mean the City Manager or 1.2 1.3 1.4 1.5 1.6 1.7 designee. In the administration of this Agreement, all parties may rely upon instructions or determinations made by the CONTRACT ADMINISTRATOR. CONSTRUCTION CONTRACTOR: The person(s), firm(s), corporation(s) or other entity who enters into an agreement with CITY to perform the construction work desired by CITY relating to PROJECT. ~: Keith and Schnars, P.A., which is the professional organization with whom CITY has contracted for the performance of services pursuant to this Agreement. CITY: City of Aventura, Florida, a body corporate and politic and a political subdivision of the State of Florida. NOTICE TO PROCEED: A written statement issued by the CONTRACT ADMINISTRATOR directing CONSULTANT to begin work. PROJECT: The nature of the PROJECT includes planning, studies, surveys, predesign, design, permitting, bid/award, program management, construction observations and professional engineering services, GIS Database Development and Applications programming, and other projects as assigned. This includes, but is not limited to, work performed for CITY buildings, lands, park facilities, utilities, right-of-way, beautification purposes, and regulatory matters. The term "lands" includes land or property proposed to be acquired or sold. REIMS: Whenever the term REIMBURSABLES is used herein, it is intended to mean actual expenses directly related to the performance of the services as set forth in this Agreement. REIMBURSABLES are limited to: Identifiable expenses of transportation in connection with the PROJECT subject to the provisions and limitations for public agencies established in Chapter 112, Florida Statutes. Automobile travel inside Broward, Dade and Palm Beach Counties is not reimbursable. Surface travel outside Florida and all air travel will be reimbursed only when prior written approval for such expense has been given by CONTRACT ADMINISTRATOR. Rental cars shall be mid-sized or smaller. Identifiable per diem, meals and lodgings, taxi fares and miscellaneous travel- connected expenses for CONSULTANT's personnel subject to the limitations of Chapter 112, Florida Statutes. Identifiable communication expenses for express mail charges. Identifiable cost of printing reproduction and aerial photography. 2 1.8 1.9 1.10 e. Identifiable testing costs. Permit application fees. All fees paid to regulatory agencies for approvals directly attributable to the PROJECT. These permit fees do not include those permits required for the CONSTRUCTION CONTRACTOR. Reimbursable subcontractor expenses are limited to the items described above when the subcontractor provides for reimbursable expenses. Notwithstanding anything to the contrary in the Agreement, all REIMBURSEMENTS which exceed Five Hundred Dollars ($500.00) shall be approved, in writing, by the CONTRACT ADMINISTRATOR prior to incurring the expenditure. Failure to comply with this provision shall result in the waiver of the REIMBURSABLES. ~: Whenever the term BILLING RATE is used herein, it is intended to mean average base salaries and wages paid to personnel by employee category engaged directly on the PROJECT, including all fringe benefits, overhead and profit. BILLING RATE by employee category are shown on EXHIBIT A. ENGINEERING ASSISTANCE: Whenever the term ENGINEERING ASSISTANCE is used herein, it is intended to mean those professional services provided to CITY on a day-to-day basis for specific tasks provided the estimated engineering cost for specific task does not exceed Fifteen Thousand Dollars ($15,000.00). Typical tasks include response to field or engineering problems, attendance at meetings, review of bids and providing day-to-day assistance as required to respond to engineering issues, utility operations or field problems. a. CITY shall describe the Task to be undertaken by CONSULTANT. CONSULTANT shall agree upon a level of effort and employee category to be assigned to the specific Task, and provide CITY with a proposal for the work. CITY shall authorize CONSULTANT, in writing, to provide professional services requested for the specific Task. do CONSULTANT shall be reimbursed by CITY at the BILLING RATE payable for each CONSULTANT's employee category shown on Exhibit A. WORK AUTHORIZATION: Whenever the term WORK AUTHORIZATION is used herein, it is intended to mean engineering services related to specific projects identified by CITY for which the estimated engineering cost exceeds Fifteen Thousand Dollars ($15,000.00). 3 The authorization issued by CITY shall contain the following information and requirements: bo A description of the work to be undertaken and method of compensation with reference to the appropriate paragraphs of this Agreement. A budget establishing the amount of compensation to be paid, which amount shall constitute a guaranteed maximum, or a lump sum at the CONTRACT ADMINISTRATOR's discretion, and shall not be exceeded unless prior written approval of CITY is obtained. The information contained in the budget shall be in sufficient detail so as to identify the various elements of costs, and the adequacy of such budget information shall be subject to the approval of CITY. A time established for completion of the work or services undertaken by CONSULTANT or for the submission to CITY of documents, reports and other information pursuant to this Agreement. The time established for performance shall be subject to the approval of CITY; however, the time may, in the sole discretion of CITY, be extended upon. justification of CONSULTANT that additional time is necessary for performance. Failure on the part of CONSULTANT to comply with the time established for performance may result in the termination of this Agreement. WORK AUTHORIZATIONS shall be dated and serially numbered. ARTICLE 2 PREAMBLE In order to establish the background, context and frame of reference for this Agreement and to generally express the objectives and intentions of the respective parties herein, the following statements, representations and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions which follow and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 2.1 CITY has met the requirements of the Consultants' Competitive Negotiation Act, as set forth in Section 287.055, Florida Statutes, and has selected CONSULTANT to perform the work of the specified nature as outlined in this Agreement. Accordingly, this Agreement qualifies as a "continuing contract" under section 287.055 (2) (g), F.S. 4 2.2 Negotiations pertaining to the services to be performed by CONSULTANT were undertaken between CONSULTANT and CITY, and this Agreement incorporates the results of such negotiations. 3.1 3.2 ARTICLE 3 SCOPE OF SERVICES The Scope of Services required to be performed by CONSULTANT shall be identified under one of the following procedures: ENGINEERING ASSISTANCE for specific "day-to-day" work Tasks as requested by CITY and agreed to by CONSULTANT. Professional Services for a PROJECT as set forth in a WORK AUTHORIZATION. CONSULTANT shall provide all services as set forth in the WORK AUTHORIZATION including, without limitations, all necessary, incidental and related activities and services required. CONSULTANT and CITY acknowledge that a WORK AUTHORIZATION does not delineate every detail and minor work Task required to be performed by CONSULTANT to complete a PROJECT. If, during the course of the performance of a WORK AUTHORIZATION, CONSULTANT determines that it should perform work to complete a PROJECT which is outside the level of effort originally anticipated, CONSULTANT will notify CONTRACT ADMINISTRATOR in writing in a timely manner before proceeding with the work. If CONSULTANT proceeds with said work without notifying CONTRACT ADMINISTRATOR as provided in Article 6, said work shall be deemed to be within the original level of effort, whether or not specifically addressed in the WORK AUTHORIZATION. Notice to CONTRACT ADMINISTRATOR does not constitute authorization or approval by CITY. Performance of work by CONSULTANT outside the originally anticipated level of effort without prior written CITY approval is at CONSULTANT's sole risk. ARTICLE 4 TIME OF PERFORMANCE 4.1 In the event CONSULTANT is unable to complete performance of services because of delays resulting from untimely review and approval by governmental authorities having jurisdiction over a PROJECT, or by CONSTRUCTION CONTRACTOR and 5 4.2 4.3 such delays are not the fault of CONSULTANT, CITY shall grant a reasonable extension of time for completing the work. It shall be the responsibility of CONSULTANT to notify the CONTRACT ADMINISTRATOR promptly in writing whenever a delay is anticipated or experienced, and to inform the CONTRACT ADMINISTRATOR of all facts and details related to the delay. In the event CITY declares an emergency, the CONSULTANT shall make every reasonable effort to respond within two (2) hours, but under no circumstances, shall response time exceed four (4) hours. CONSULTANT shall provide CITY with a current up-to-date list of emergency personnel at all times. 5.1 5.2 5.3 ARTICLE 5 COMPENSATION AND PAYMENT CITY agrees to pay CONSULTANT as compensation for performance of all approved ENGINEERING ASSISTANCE services required under the terms of this Agreement at those BILLING RATES described in Article 1.8 and to reimburse CONSULTANT for REIMBURSABLES as described in Article 1.7, plus subcontractor fees pursuant to paragraph 5.6 for approved ENGINEERING ASSISTANCE service. The BILLING RATES payable by CITY for each CONSULTANT's employee categories is shown on Exhibit "A". Total compensation for a specific work task under ENGINEERING ASSISTANCE shall not exceed Fifteen Thousand Dollars ($15,000.00). CITY agrees to pay CONSULTANT as compensation for performance of all services as related to a WORK AUTHORIZATION required under the terms of this Agreement at those BILLING RATES described in Article 1.8 plus subcontractor fees pursuant to paragraph 5.6, up to the guaranteed maximum payment to be negotiated and stated in the WORK AUTHORIZATION and to reimburse CONSULTANT for REIMBURSABLES as described in Article 1.7 up to the guaranteed maximum payments to be negotiated in the WORK AUTHORIZATION, for a total guaranteed maximum stated in the WORK AUTHORIZATION. It is understood that the method of compensation is that of "guaranteed maximum" which means that CONSULTANT shall perform all services set forth for total compensation in the amount of or less than that stated in the WORK AUTHORIZATION. The BILLING RATES payable by CITY for each Consultant's employee categories is shown on Exhibit "A". CONSULTANT shall submit billings which are identified by the specific Task authorized under ENGINEERING ASSISTANCE on a monthly basis in a timely manner for all LABOR and REIMBURSABLES attributable to the Task. These 5.4 billings shall identify the nature of the work performed, the total hours of work performed and the employee category of the individuals performing same. Billings shall itemize REIMBURSABLES by category and identify same as to the work personnel incurring the expense and the nature of the work with which such expense was associated. Where prior written approval by CONTRACT ADMINISTRATOR is required for REIMBURSABLES, a copy of said approval shall accompany the billing for such REIMBURSABLES. External REIMBURSABLES and subcontractor fees must be documented by copies of invoices or receipts which describe the nature of the expenses and contain a project number or other identifier which clearly indicates the expense is identifiable to a Task. Internal expenses must be documented by appropriate CONSULTANT's cost accounting forms with a summary of charges by category. CONSULTANT shall submit billings which are identified by the specific PROJECT and WORK AUTHORIZATION number on a monthly basis in a timely manner for all LABOR and REIMBURSABLES attributable to a PROJECT. These billings shall identify the nature of the work performed, the total hours of work performed and the employee category of the individuals performing same. Billings shall itemize REIMBURSABLES by category and identify same as to the work personnel incurring the expense and the nature of the work with which such expense was associated. Where prior written approval by CONTRACT ADMINISTRATOR is required for REIMBURSABLES, a copy of said approval shall accompany the billing for such REIMBURSABLES. The statement shall show a summary of LABOR COSTS and REIMBURSABLES with accrual of the total and credits for portions paid previously. External REIMBURSABLES and subcontractor fees must be documented by copies of invoices or receipts which describe the nature of the expenses and contain a project number or other identifier which clearly indicates the expense is identifiable to a PROJECT. Internal expenses must be documented by appropriate CONSULTANT's cost accounting forms with a summary of charges by category. When requested, CONSULTANT shall provide backup for past and current invoices that records hours and salary costs by employee categories, REIMBURSABLES by category and subcontractor fees on a Task basis, so that total hours and cost by Task may be determined. 5.5 5.6 Notwithstanding anything in paragraphs 5.1, 5.2, 5.3 and 5.4, at the CONTRACT ADMINISTRATOR's option, the contract method of payment may be a lump sum amount for a specific, detailed scope of services. For lump sum contracts, CONSULTANT shall invoice based upon percentage of work complete. Supporting information shall be provided to document the estimate of completion percentage. CONSULTANT shall bill identifiable subcontractor fees at the actual fees paid by CONSULTANT. 7 5.7 5.8 CITY agrees that it will use its best efforts to pay CONSULTANT within thirty (30) calendar days of receipt of CONSULTANT's proper statement as provided above. The parties shall comply with section 218.70, F.S., et seq. the Prompt Payment Act. Payment will be made to CONSULTANT at: KEITH AND SCHNARS, P.A. 7855 N. W. 12~h Street Suite 219 Miami, Florida 33126 6.1 6.2 ARTICLE 6 ADDITIONAL SERVICES AND CHANGES IN SCOPE OF SERVICES Services related to an ENGINEERING ASSISTANCE Task which would increase, decrease or which are outside the level of effort agreed upon by CITY and CONSULTANT shall be services for which CONSULTANT must obtain prior written approval of CITY before compensation can be paid. Services related to a WORK AUTHORIZATION which would increase, decrease or which are otherwise outside the Scope of Services or level of effort contemplated by a WORK AUTHORIZATION shall be services for which CONSULTANT must obtain the prior written approval from CITY before compensation can be paid. All terms for the performance of such services must be agreed upon in writing in a document of equal dignity herewith prior to any deviation from the terms of a WORK AUTHORIZATION, and when properly executed shall become an Amendment to the WORK AUTHORIZATION. 6.3 The CONSULTANT agrees to establish a permanent office within the City of Aventura's corporate limits within ninety (90) days of this Agreement. ARTICLE 7 7.1 CITY'S RESPONSIBILITES CITY shall assist CONSULTANT by placing at CONSULTANT's disposal all information it has available pertinent to the PROJECT including previous reports and any other data relative to a PROJECT. It shall be CONSULTANT's sole responsibility to physically retrieve said information. 7.2 CITY shall arrange for access to make all provisions for CONSULTANT to enter upon public and private property as reasonably required for CONSULTANT to perform its services under this Agreement. ARTICLE 8 8.1 OWNERSHIP OF DOCUMENTS: All sketches, tracings, drawings, specifications, designs, design calculations, details, models, photographs, reports, surveys and other documents, plans and data that result from CONSULTANT's services under this Agreement or that is provided in connection with this Agreement shall become and shall remain the property of CITY. Copies of all AutoCAD and other similar software files shall be provided to CITY. CONSULTANT shall be entitled to keep a copy of such items for record purposes. However, no changes or revisions to the documents or data furnished by CONSULTANT shall be made by CITY unless CONSULTANT's name and professional seal are removed from such changed or revised materials. 8.2 TERMINATION: This Agreement may be terminated by CONSULTANT for cause, or by CITY for any reason with or without cause, upon thirty (30) days written notice from the terminating party to the other party. In the event of such termination, CONSULTANT shall be paid its compensation for services performed to termination date, including all REIMBURSABLES then due or incurred to termination date. In the event that CONSULTANT abandons this Agreement or causes it to be terminated by CITY, CONSULTANT shall indemnify CITY against any loss pertaining to this termination. All finished or unfinished sketches, tracings, drawings, specifications, design, design calculations, details models, photographs, reports, surveys and other documents, plans and data that result from CONSULTANT's services under this Agreement shall become and shall remain the property of CITY and shall be delivered by CONSULTANT to CITY. 8.3 RECORDS: CONSULTANT shall keep such records and accounts and require any and all consultants and subcontractors to keep records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to the PROJECT and any expenses for which CONSULTANT expects to be reimbursed. Such books and records will be available at all reasonable times for examination and audit by CITY and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this agreement. Incomplete or incorrect entries in such books and records will be grounds for CITY's disallowance of any fees or expenses based upon such entries. 9 8.4 EQUAL OPPORTUNITY: CONSULTANT agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, national origin or disability and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, disability or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT agrees to furnish CITY with a copy of its Affirmative Action Policy, if requested. 8.5 NO CONTINGENT FEES: CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, CITY shall have the right to terminate the Agreement without liability, and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 8.6 SUBCONTRACTORS: In the event CONSULTANT, during the term of this Agreement, requires the services of any subcontractors, or other professional associates in connection with services covered by this Agreement, CONSULTANT must secure the prior written approval of the CONTRACT ADMINISTRATOR. As part of the approval process, CITY shall require subcontractor to comply with the terms of this Agreement, specifically but without limitations, the requirements of this Article 8. CONSULTANT shall be responsible for obtaining releases from subcontractors at the time the subcontractors are paid. 8.7 ASSIGNMENT: This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered by CONSULTANT, under any circumstances, without the prior written consent of CITY. Said consent shall be at CITY's sole discretion and may be unreasonably withheld. 8.8 INDEMNIFICATION OF CITY: ao CONSULTANT shall indemnify, and save harmless CITY, its agents, servants and employees from and against any suits, expenses, damages, costs, claims, demands and/or causes of action of whatever kind or nature arising out of error, omission or negligent act of CONSULTANT, its agents, servants or employees in the performance of services under this Agreement. l0 8.9 CONSULTANT further agrees to indemnify and save harmless CITY, its agents, servants and employees from and against any claim, demand or cause of action of whatever kind or nature arising out of any conduct or misconduct of CONSULTANT not included in the above paragraph. INSURANCE: CONSULTANT shall provide, pay for and maintain in force at all times during the services to be performed, such insurance, including Workers' Compensation Insurance, Employer's Liability Insurance, Comprehensive General Liability Insurance, Business Automobile Liability Insurance and Professional Liability Insurance. Such policy or policies shall be issued by United States Treasury approved companies authorized to do business in the State of Florida, and having agents upon whom service of process may be made in the State of Florida. CONSULTANT shall specifically protect CITY by naming CITY and CITY's officers, agents, and employees as additional insured under the Comprehensive General Liability Insurance Policy and Business Automobile Liability Insurance Policy, hereinafter described. The Professional Liability Policy or certificate shall reference this Project. All policies shall provide for a Notice of Cancellation and/or Restriction: The policy(ies) must be endorsed to provide CITY with thirty (30) days advance notice of cancellation and/or restriction. a. Professional Liability Insurance: The limits of liability provided by such policy shall be no less than Five Hundred Thousand Dollars ($500,000.00). bo Worker's Compensation Insurance to apply to all employees in compliance with the Worker's Compensation Law of the State of Florida and all applicable federal laws. Comprehensive General Liability Insurance with minimum limits of Three Hundred Thousand Dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Premises and/or Operations. Independent Contractors. Personal Injury Coverage with Employee and Contractual Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. CITY and CITY's officers, agents and employees are to be named as additional insureds with respect to liability arising out of operations performed for CITY by or on behalf of CONSULTANT in connection with such operation. do Business Automobile Liability Insurance with minimum limits of Two Hundred Thousand Dollars ($200,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: Owned vehicles. Hired and non-owned vehicles. CITY and CITY's officers, agents and employees are to be named as additional insureds with respect to liability arising out of operations performed for CITY by or on behalf of CONSULTANT in connection with such operation. CONSULTANT shall provide CITY a Certificate of Insurance or a copy of all insurance policies required by Section 8.9 including any subsection thereunder. CITY reserves the right to require a certified copy of such policies upon request. All endorsements and certificates shall state that CITY shall be given thirty (30) days notice prior to expiration, cancellation or restriction of the policy. 8.10 REPRESENTATIVE OF CITY AND CONSULTANT: It is recognized that questions in the day-to-day conduct of a PROJECT will arise. The CONTRACT ADMINISTRATOR, upon request by CONSULTANT shall designate in writing and shall advise CONSULTANT in writing of one or more CITY employees to whom all communications pertaining to the day-to-day conduct of PROJECT shall be addressed. CONSULTANT shall inform CONTRACT ADMINISTRATOR in writing of the representative of CONSULTANT to whom matters involving the conduct of PROJECT shall be addressed. CONSULTANT shall, at all times during this Agreement, have available for consultation or otherwise, an employee who shall be familiar with all work contemplated under this Agreement. 8.11 EY' F : If CITY institutes any legal action to enforce any provision of this Agreement, then CITY shall be entitled to reimbursement from CONSULTANT for all costs and expenses, including reasonable attorney's fees incurred by CITY, provided that CITY is the prevailing party in such legal action, and provided further that CITY shall make application to the court or other tribunal, for an award of such costs and expenses. 12 8.12 ALL PRIOR AGREEMENTS SUPERSEDED: This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 8.13 NOTICES: Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving notice, to wit: FOR CITY: FORCONSULTANT: Eric M. Soroka City Manager City of Aventura 2999 N.E. 191st Street Suite 500 Aventura, Florida 33180 William V. Keith Chairman Keith and Schnars, P.A. 7855 N.W. 12th Street Suite 219 Miami, Florida 33126 8.14 TRUTH-IN-NEGOTIATION CERTIFICATE: Signature on this Agreement by CONSULTANT shall act as the execution of a truth-in-negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which CITY determines the contract price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such contract adjustments shall be made within one year following the end of this Agreement. 8.15 NON-EXCLUSIVE AGREEMENT: The services to be provided by CONSULTANT pursuant to this Agreement shall be non-exclusive and nothing herein shall preclude CITY from engaging other firms to perform the same or similar services for the benefit of CITY within CITY's sole and absolute discretion. 13 8.16 WARRANTIES OF CONSULTANT: CONSULTANT hereby warrants and represents as follows: 8.17 a. At all times during the term of this Agreement, CONSULTANT shall maintain in good standing all required licenses, certifications and permits required under federal, state and local laws necessary for the performance under this Agreement. b. At all times during this Agreement, CONSULTANT shall perform its obligations in a prompt, professional and businesslike manner. GOVERNING LAW: This Agreement shall be construed in accordance with the laws of the State of Florida. Venue for any action shall be in Dade County, Florida. [The balance of this page has been intentionally left blank]. 14 IN WITNESS THEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature. ATTEST City Clerk Teresa M. Smith BY APPROVED AS TO FORM BY City Attorney Weiss Serota & Helfman. P.A. CITY OF AVENTURA, FLORIDA through its City Manager BY City Manager Eric M. Soroka __day of ~ 19 Chati. r(na~,n._./ (Print or Type) Wimess ~ Wimess day of o~ , 19~ EXHIBIT "A" KEITH and SCHNARS, P.A. :-= I[o~ SUPPLEMENTAL PROFESSIONAL FEE SCHEDULE for the City of Aventura, Florida CODE JOB CLASSIFICATION HOURLY RATE 02 04 O8 O6 11 29 25 O9 07 03 16 12 14 15 30 13 32 19 17 23 18 24 26 21 22 20 42 43 Administrative Assistant ..................................... $ 35.00 Community Liaison ........................................ $ 60.00 Economic/Financial Analyst .................................. $ 75.00 CADD Operator .......................................... $ 65.00 Graphic Designer .......................................... $ 60.00 Technician I .............................................. $ 55.00 Tbchnician II ............................................. $ 60.00 Scientist I ................................................ $ 60.00 Scientist II ............................................... $ 75.00 Scientist llI .............................................. $ 85.00 Associate Planner .......................................... $ 60.00 Landscape Architect (RLA)/Chief Planner (AICP) ................. $ 85.00 Landscape Designer ........................................ $ 65.00 Planner (AICP) ........................................... $ 75.00 Transportation Planner ...................................... $ 65.00 Field Representative ........................................ $ 55.00 Senior Field Representative .................................. $ 60.00 Professional Engineer (P.E.) .................................. $ 85.00 Project Engineer/Designer ................................... $ 65.00 Senior Project Engineer ..................................... $ 75.00 Project Manager I ......................................... $ 85.00 Project Manager II ......................................... $ 95.00 Project Manager III ....................................... $105.00 Senior Project Manager .................................... $120.00 Senior Member .......................................... $175.00 Professional Land Surveyor (Professional Surveyor & Mapper) ....... $ 75.00 Survey Party ............................................. $ 85.00 Specialized Survey Party (Hydrographic/GPS/4-person, etc.) . Call for quotation Expense items such as identifiable communication expenses, facsimiles, reproduction costs, courier and overnight mailing services, and special accounting expenses not applicable to general overhead are invoiced as direct charges at actual cost. Transportation expenses are in accord with Section 112.061 F.S. 1[.o KEITH and SCHNARS, P.A. ~ ENGINEERS . ~OLANNERS. SURVEYOR S ~I~i[ a~d ~4~8~%1~, P.A. GEOTECHNICAL TESTING FEE SCHEDULE AA AB AC AD AF AG AH BA BB BC BD BE CA CB CC CD CE CF DA DB DC DD DE DF DG DH DI DJ DK DL DM DN DO DP DQ DR DS DT DU DV DW DX LABORATORY TEBTING BERVICE~ (Samples Delivered t9 Laboratory) Abrasion Resistance/Los Angeles . . Aggregate Unit Weight ..... Limerock Carbonate Content . . Organic Impurities in Sand .... Sieve Amount of Material Finer No. 200 sieve Analysis ....... Soundness by Sodium/Magnesium Sulfate . Specific Gravity and Absorption . . ASPHALT Asphalt Mix Design &'G3 ~ &i&n ....... Bitumen Extraction a a ...... Bulk Specific Gravity ~ [ ~ ~). ~ ~ .... Stability and Flow (3 c m n .... Theoretical Maximum Specific Gravity .... CONCRETE Concrete Mix Design . . ~ ~)~ Compression Strength of ~o~c~ete'C~r~s Compression Test 2" x 2" Cubes (Minimum Compression Test Cylinders (Minimum 4) . . Flexural Strength of Concrete Beams . . Splitting Tensile Strength of Cylinders ~ ~ SOIL TESTS California Bearing Ratio ..... Consolidation Test/One Dimensional Hydrometer Analysis · · Laboratory Moisture &o~t~n[ ] · · Limerock Bearing Ratio ..... Atterberg Limits . . · Organic Content by LOSS- - t r -On'ignition Shrinkage Limit ....... Sieve Analysis ' 'L m t / 1 s l £--i--i'.te~a's~f:cation Sieve and Atterberg Specific Gravity .... Direct Shear Test ..... Standard Proctor Compaction ~e~t' Modified Proctor Compaction Test Constant Head Permeability Test Falling Head Permeability Test PH of Soil · - · Resistivity ~f'S~i[s . . . Turbidity Test ..... Triaxial Compression Test ] Unconfined compression Test . Rook Mass Quality Designation coupon Weight Verification Soil - Cement Mix Design $100.0C ~rest $ 25.0C ~zest $ ~.~ ~e~ $ 25.0C ~rest $ 25.0C ~fest $ 35.~ ~est $~0.~ ~ $ 40.~ ~est $ ~.~ $ 25. ooflrest $ 95.00~est $ 35.~ $ lO.00/n ,v~ $ ~.~/T~t 324 Southwest 13th Avenue · Pompano Beach, FL 33069 · (954) 946-9933 · Fax (954) 783-0077 F~ELD TEST~N~ SERVICES EA EB EC ED EE EF EG ASPHALT FI~.n SERVICES Asphalt Plant Inspection (Minimum 4 hours). . Asphalt Job Site Inspection (Minimum 4 hours) . Nuclear Density Test (Minimum 2) ...... Nuclear Density Test (More than 2) Obtaining Drilled Cores (6" Diameter/MinimUm'3)- ' ' - ' sampling Fresh Asphalt. . . - . ...... Thickness Determination (MinimUm'4) ..... FA FE FC FD FE FF FG FH FI FJ FK FL FM FN FO CONCRETE FI~n SERVICES Air Content by Pressure Method .... Method' '- Air Content by Volumetric ..... Air Content by Chase Indicator-- - - . . . Concrete Plant Inspection (Minimum'4'HOurs) Concrete Placement Inspection (Minimum 4 Hours Concrete Cylinders (Min. 4/Set) . Concrete Beams (6" x 6" - Minimum 2) Drilled Concrete Cores (Minimum 3) Schmidt Hammer Test (Minimum 2) . Slump Test .......... Unit Weight and Yield of Concrete. . Concrete Cubes (2" x 2" - Minimum 6) Concrete Standby Time ..... Threshold Inspection-- -- .... Stucco Thickness (Minimum 2) . . . G1 G2 G3 G4 G5 G6 G7 G8 GA GB GC GD GE GF GG GH GI GJ GK GL GM GN GO GP GQ GR GS GT GU SOIL FIELD SERVICES Standard Penetration Boring (0' - 30') Standard Penetration Boring (31' - 50') . Standard Penetration Boring (51' - 100') Standard Penetration Boring ( > 100') Density Test Standby Time ...... Drill Crew Standby Time ......... Limerock Thickness Determination (Minimum 10) Standard Penetration Boring (Portable Tripod) Auger Boring . . ~0: ......... Rock Coring (0' ) ........ Rock Coring ( > 50') Undisturbed Sampling of ~oils iS~e~b~ ~u~ei Monitoring Well Installation (2") . Monitoring Well Installation (4") . Static Cone Penetration Test . . . Exfiltration Test (FDOT) Soil Percolation Test . . . Slug Test .. . - - -- - - · Double Ring Inmtrometer Test Pile Load Test . · · Plat Load Test . . Seismic Monitoring ( lgs&i gi Seismic Monitoring (Dynamic compaction Geophysical Survey . - Test Pit Inspection in& ~amp[i~g' · Soil Sampling ........ Dynamic Compaction Inspection ] [ [ Excavation Inspection ..... SOIL FIELD SERVICES GV Fill Placement Inspection .... GW Mineral Slurry Inspection .... GX Pile Driving Inspection . . . GY Nuclear Density Test (Minimum' 2)' GZ Nuclear Density Test (More than 2) HA Roadway Cores (Minimum 6) . · · HB Technician Travel Time .... HC Sand Cone Densities (Minimum 3) HD Vibro Inspection ........ ~ HE Pressure Grout Inspection ..... ~: KEITH and SCHNAR$, Seitlin & Company P. o. Box o2s220 COMPANIES AFFORDING COVERAGE LETTER A Travelers Ins. Co, Miami, FL 33102-5220 Keith and Schna~, P.A. COMe^t~' 6500 N. And~ws Ave L~ER ~ Risco~ Ft. Lauderdale FL 33309 COMen~ x co~. ~'~ ms,u'rv ,,,o.~o~,,.~o,. ~. ~o~ooo ~i::}~ ICLAIMS M~E ~OCC. PERS. & ADV. INJUR~ 10000~ ~'~ ~ co~,s ,.~o'r ~:~c,, occt,~c~ ~o~ MEMORANDUM OF INSURANCE - ARCHITECTS AND ENGINEERS PROFESSIONAL LIABILITY ARCHITECTS/ENGINEERS PROFESSIONAL LIABILITY POLICY Continental Casualty Company To~ THE CITY OF AVENTURA 2999 N.E. 191 STREET, STE 500 AVENTURA, FL 33180 ATTN: MR. ROBERTM. SHERMAN RE: 96-532 As set forth below, the named insured has in force, on the date indicated, a policy of professional liability insurance issued by Continental Casualty Company (the Company), with a limit of liability of not less than the amount indicated. Name of Insured: KEITH AND SCHNARS, P.A. Address of Insured: 6500 NORTH ANDREWS AVENUE FT. LAUDERDALE, FLORIDA 33309-2132 Policy Number: AEN 00-609-12-27 This memorandum is issued as a matter of inIbrmation only and confers no rights upon the holder. By its issuance, it does not alter, change, modify or extend the provisions of said policy and does not waive any rights thereunder. Policy Period: 03/01196 TO 03/01/97 Limit of Liability-Per Claim and Ag~egate: $500,000 Cancellation Notice: In the event of cancellation of the above policy, the Company will endeavor to mail 30 days written notice to the certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the Company, its agents or representatives. AMES & GOUGH INSLrI~A~ NcE]RI~ SK MANAGEMENT, INC. Adgust 12, 1996 William T. Robinson Certified Public Accountant 8222 Wiles Road, Suite 247 Coral Springs, Florida 33067 (954) 752-8152 July 23, 1996 Mr. Eric Soroka, City Manager City of Aventura Government Center 2999 N.E. 191st Street, Suite 500 Aventura, Florida 33180 Dear Mr. Soroka: Please be advised that I have been the Certified Public Accountant (C.P.A.) for Keith and Schnars, P.A. continuously since April 1982. As a closely held corporation, Keith and Schnars, P.A. as a matter of policy does not disclose specific financial statements save for those instances mandated by financial lenders to support various credit requests and real estate acquisitions. However, as a result of my tenure with the Corporation and the nature of services provided by my firm, I can certainly speak to the financial stability of Keith and Schnars, P.A. The firm currently employs two hundred fifteen (215) individuals at locations from Miami to Jacksonville. The three principal office locations are Fort Lauderdale, Stuart and Lakeland. The annual payroll, all of which is paid to Florida residents which directly supports our State economy, approximates $7,700,000. The Corporation has invested substantial dollars in capital assets to insure that employees and clients are provided the most current technology. The Corporate headquarters at 6500 North Andrews Avenue is a modern campus-like environment which is owned by the firm with substantial equity in the property. This ownership provides stability in providing for fixed occupancy costs and the ability to incorporate change within the intedor layout when deemed appropriate due to expansion absent the difficulties often associated with restrictive lease covenants and space limitations. The Corporation is current with all financial obligations and strives to maintain an excellent credit relationship with all vendors. All taxes at federal, state and local level are currently paid. The Corporation has developed and maintains on an annual basis a business plan which is monitored via monthly reports. This plan sets forth revenue projections, guidelines on budgeting matters including salary costs, purchasing and capital acquisitions, and targets acceptable project margins at the project and corporate level. Member American Institute of Certified Public Accountants, Florida Institute of Certified Public Accountants Page Two - July 23, 1996 Mr. Eric Soroka Keith and Schnars, P.A., due to its financial strength and commitments to employing highly competent staff at all levels, established a Profit Sharing Plan in 1982. in 1988 this plan was amended to incorporate Internal Revenue Code 401K provisions. This plan is quite substantial and the contribution on behalf of Keith and Schnars, P.A. is at the forefront of retirement plans for closely held corporations. Keith and Schnars, P.A. maintains its banking relationship with Capital Bank in Oakland Park and Real Estate division located on Brickell Avenue in Miami. In fact, the vibrant financial position that Keith and Schnars, P.A. enjoys results in them being courted by various banking institutions desirous of obtaining an account of such significance. I would invite you to contact me directly if you wish to discuss this correspondence of if you seek additional disclosures. Very truly yours, William T. Robinson Certified Public Accountant WTR/kde Member American Institute of Certified Public Accountants, Florida Institute of Certified Public Accountants 6-13-1996 7:BOAM FROM KEITH SCHNARS P A 9S& 771 3636 Busines$cope THIS REPORT MAY NOT BE REPRODUCED IN WHOLE OR IN PART IN ANY MANNER W}iATEVER. D-U-N-S: 07-222-7762 K£1TH AND SCHNARS, PA (INC) 6500 N Andrews Ave ,,~nd Branch(ez) or Division(s) Fort Lauder&ale, FL 33309 TEL: 954 776-1616 Date Printed: July 23, 1996 Pr~mar~ SIC: 87 11 ( ENOINEEKING $~R¥1GES) Founded: 1972 Current Ownership: 1972 Sales: $7,897,295 F~ F~cial Sta~ment ~ of 1~31/94 Net W~th: $2,190,241 Fisc~ Fin~ci~ Stm~ent ~ of 12/31/94 Chief Executive Officer: Tanxer H Kalay¢i Thank you for ordering £usinesScope, our new service that lets you see how you compare to other companies in your line of business. We can help you irnl~ove your b~siness's profitability by comparing your business to other companies in the same primary §ne of b~tine~ and of similar size located in your geographic region. This co~son also allows you to pinpoint areas that may need attention and lets you know how your suppliers, vendors and customers see your company. TMs is the first Quarterly Update to your company's BttsinesScope. Please call our Customer Service Center at 1-800.333-0505 if you have any questions. Executive Summary KeRb And Schnars, Pa (Inc) demor~strated a sati~factory financial condition as of the fiscal statement dated December 31, 1994. This assessment is supported by a satisfactory liquidity position and a fair ratio of debt to equity relative to other companies in this tlne of business. Keitb And Schnars. Pa (Inc) opcmted primarily in the engineering services industry, and has beeu assigned a primary Standard Industrial Classification (SIC) of 8711. This r~port compaxes Kelth And Sehnats, Pa (Inc) to other butinesses in th~ Southern region with th~ sam~ primary Standard Industrial Classification and total assets from $5 million m $I0 milh'on. Page I 8-13-1996 FROM KEITH SCHNARS P A 9B4 771 3636 · BusmesScope Financial Statement Operating Results Operating results are an indication ora business' performance. It indicate.~ the amount of sa[es or revenue generated during a particular period of time, the operating expenses azsoclared with those revenues, and the net profit'or [osses. (Industry percentages below represent averages}. Actual Performance vs Industry Peers 1992 N~ Pl'ofit After Tax Diwd~nd~/Withdr awal: Working Cal)/~al _ lnd~str~ ~.~ 100.0 3,5.7 :2.6 ~et Profit after Tax~ fi)r 1994 w~ 51.9 million.' A n~'t profit of $1.9 million was earned on sales Of $7.$ million for thc fiscal year ~nded December 31, 1994. The gross profit margin of 29.9% was near the i~dustry average. Keilh And Selmars, Pa (Inc)', n~ profi'~ of 24.9% compared favorably to the knduatry average remm on sales of 2.:2% for tlxis Lnduslry. 29.8 6,7 1993 1092 Return on Sales (%), Reveals profils earned per dollar of sales ~ measures the efficiency of the operation. 8-13-1996 FROM KEITH SCHNARS P A 9~4 771 3636 P. 4 BusinesScope Financial Statement ( ¢-~ntintted) Assets Note. s R~,mlvabl~ Assets are resources or property owned by a business, including cash, receivables, equipment, inventory, and other investments. Each asset (indicated in pereentagej is eotnpared to the previous.wear, tot,~! assets for th~ current year, and the industry averages for the current year. Actual Performance vs Indugtry peers Fi~ ]~r 31, 1994 1993 (57 ~) 24.6 '"14,2 10,3 [nd ~ &O ~.3 9,7 75.1 10,2 14.7 loo.o 1[ ,oo.o __: 'Total 'assets were $7.2 million for 1994/ Investment for Kdth And Schnars, Pa (lnc) was c~tered in current assets in 1994, in line with other businesses in this industry. The pr~ary current asset account was accounts r~c~ivable, which represemed 63.2% of total assets. This account was above the industry average of 53.6%. Other current assets was 3.3% of total assets, and was below the industry averag~ of 12.6%, Fixed assets were 24,6% of total investment, blgher than the industry average of 14.2%, Other non-current assets were g,4% of total investment, compared with 8.6% for other bus&nesses in this industry. Total assets were $7,2 million. 8-13-1996 7:62AM FROM KEITH SCHNARS P A 9S4 771 3636 BusinesScope Financial Statement (continued9 Liabilities & Net Worth Liabiliiies are outstanding obligations owed by a business. Each liability listed (indicated in percen£age½ i. ca.*npared to the previous year. total liabilities for the c~rrent year and the industry eve; age f~r ' ~ ' .,;e ,.urrent year. Actual Performance vs Industry Peers Notes Payable Total Current Other Long Term Deferred C~Jits Nc: Worth Fiscal l;k%%~mbe~ 31, 199~ 1993 199g ¢7 ams) (5z firms) (M fmas) lnd ~ 16.7 1.3 $,6 23.2 10.$ 13.6 a6.0 . 3g.8 m-O- ' ] I ~o0.u I .'Net Worth was below the industry average,' K~th 3md Schnars, Pa (Nc) supported its operations primarily with ex'~mal fmandng, as suggested by a n~ worth less than 50% of total capitalization. ]~e industry also utlJlzed external fmanc~ql, Most of the company's debt was short lerm in nature. The largest current liability was other current liabilities at 40.4% of total capitalization, compared to an indu,lry average of 28.7% !bt 1994. The next !argest current liability was accounts payable at 5.4% o~ total capitalization, compared to an industry averago nf 12.6% for 1994. Overall, total current liabilities represented 45.9% for 1994 and were comparable to thc average of other businesses in the industry (45.9% vs 47.9% respectively). Long te~ra debt, al 23.2%, was abow the industry average of' 10.$%. Net worth was $2.2 million ca' 30.9% of total capitalization, which was below the industry mark of 40,4%, Tangible net worth (calculated after the deduction of $ 39,788 in intan~bles) was at $2.1 million, Equity provided limited protection for creditors, as noted by an unfavorable ratio of liabilltics to net worth (company 223.8% vs industry 159.4%). Page 4 8-13-1996 7:B2At4 FROM KEITH SCHNARS P A 96& 771 3636 P. 6 1 BusinesScope 4nalysis: Three Year--Ratio Norms Ratios relate financial components to one another, and aid in the appraisal, analysis and comparison o f financial data from year re year. They evaluate your company's strengths and weaknesses, operating results, and grey;th prospects, and compare them to industry norms, On the following pages you w~ll see 14 key business ratios divided into throe mat'~ ca;egorie~: l½ Profitability 2) Solvency 3) Efficiency ?rofitability Ratios: Used to evaluate, management's ability to control expenses and to earn a return on resources cormmtted to the business. u U ~9~'t 1993 1992 Return on Assets (%). Matches the net profits with the assets available to earn a return. 1994 (57 Firm,~) 1993 (52 Firms) 1992 (39 ~atios Industry Quartiles Industry Qmutil~s industry Quartil~ [] Keith And Schnars, Pa (lnc)'s return on a~sels of 27.2% was above the industry median of 4-6% for 1994. return on net worth ratio of 88.0% was above the industry median of 13.0% for i994. Agreement Between THE CITY OF AVENTURA, FLORIDA and O'LEARY DESIGN ASSOCIATES, P.A. Fol' GENERAL PROFESSIONAL LANDSCAPE ARCHITECT AUGUST 1996 AGREEMENT Between THE CITY OF AVENTURA and O'LEARY DESIGN ASSOCIATES, P.A. for GENERAL PROFESSIONAL LANDSCAPE ARCHITECT This agreement is an Agreement between: CITY OF AVENTURA, a political subdivision of the State of Florida, its successors and assigns, hereinafter referred to as "CITY", AND O'Leary Design Associates, P.A., a Florida corporation, its successors and assigns, hereinafter referred to as "CONSULTANT". WITNESSETH, in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, CITY and CONSULTANT agree as follows: ARTICLE 1 DEFINITIONS AND IDENTIFICATIONS For the purposes of this Agreement and the various covenants, conditions, terms and provisions which follow, the definitions and identifications set forth below are assumed to be true and correct and are therefore agreed upon by the parties. 1.1 CONTRACT ADMINISTRATOR: Whenever the term "CONTRACT ADMINISTRATOR" is used herein, it is intended to mean the City Manager or 1.2 1.3 1.4 1.5 1.6 1.7 designee. In the administration of this Agreement, all parties may rely upon instructions or determinations made by the CONTRACT ADMINISTRATOR. CONSTRUCTION CONTRACTOR: The person(s), firm(s), corporation(s) or other entity who enters into an agreement with CITY to perform the construction work desired by CITY relating to PROJECT. CONSULTANT: O'Leary Design Associates, P.A., which is the professional organization with whom CITY has contracted for the performance of services pursuant to this Agreement. CITY: City of Aventura, Florida, a body corporate and politic and a political subdivision of the State of Florida. NOTICE TO PROCEED: A written statement issued by the CONTRACT ADMINISTRATOR directing CONSULTANT to begin work. PROJECT: The nature of the PROJECT includes planning, studies, surveys, predesign, design, permitting, bid/award, program management, construction observations and professional landscaping services, GIS Database Development and Applications programming, and other projects as assigned. This includes, but is not limited to, work performed for CITY buildings, lands, park facilities, utilities, right-of-way, beautification purposes, and regulatory matters. The term "lands" includes land or property proposed to be acquired or sold. REIMBURSABLES: Whenever the term REIMBURSABLES is used herein, it is intended to mean actual expenses directly related to the performance of the services as set forth in this Agreement. REIMBURSABLES are limited to: Identifiable expenses of transportation in connection with the PROJECT subject to the provisions and limitations for public agencies established in Chapter 112, Florida Statutes. Automobile travel inside Broward, Dade and Palm Beach Counties is not reimbursable. Surface travel outside Florida and all air travel will be reimbursed only when prior written approval for such expense has been given by CONTRACT ADMINISTRATOR. Rental cars shall be mid-sized or smaller. Identifiable per diem, meals and lodgings, taxi fares and miscellaneous travel- connected expenses for CONSULTANT's personnel subject to the limitations of Chapter 112, Florida Statutes. c. Identifiable communication expenses for express mail charges. d. Identifiable cost of printing reproduction and aerial photography. 2 1.8 1.9 1.10 e. Identifiable testing costs. Permit application fees. All fees paid to regulatory agencies for approvals directly attributable to the PROJECT. These permit fees do not include those permits required for the CONSTRUCTION CONTRACTOR. Reimbursable subcontractor expenses are limited to the items described above when the subcontractor provides for reimbursable expenses. Notwithstanding anything to the contrary in the Agreement, all REIMBURSEMENTS which exceed Five Hundred Dollars ($500.00) shall be approved, in writing, by the CONTRACT ADMINISTRATOR prior to incurring the expenditure. Failure to comply with this provision shall result in the waiver of the REIMBURSABLES. ~: Whenever the term BILLING RATE is used herein, it is intended to mean average base salaries and wages paid to personnel by employee category engaged directly on the PROJECT, including all fringe benefits, overhead and profit. BILLING RATE by employee category are shown on EXHIBIT A. LANDSCAPING ASSISTANCE: Whenever the term LANDSCAPING ASSISTANCE is used herein, it is intended to mean those professional services provided to CITY on a day-to-day basis for specific tasks provided the estimated CONSULTANT cost for specific task does not exceed Fifteen Thousand Dollars ($15,000.00). Typical tasks include response to field or landscaping problems, attendance at meetings, review of bids and providing day-to-day assistance as required to respond to landscaping issues, utility operations or field problems. a. CITY shall describe the Task to be undertaken by CONSULTANT. bo CONSULTANT shall agree upon a level of effort and employee category to be assigned to the specific Task, and provide CITY with a proposal for the work. Co CITY shall authorize CONSULTANT, in writing, to provide professional services requested for the specific Task. CONSULTANT shall be reimbursed by CITY at the BILLING RATE payable for each CONSULTANT's employee category shown on Exhibit A. WORK AUTHORIZATION: Whenever the term WORK AUTHORIZATION is used herein, it is intended to mean landscaping services related to specific projects identified by CITY for which the estimated CONSULTANT cost exceeds Fifteen Thousand Dollars ($15,000.00). 3 The authorization issued by CITY shall contain the following information and requirements: ao A description of the work to be undertaken and method of compensation with reference to the appropriate paragraphs of this Agreement. A budget establishing the amount of compensation to be paid, which amount shall constitute a guaranteed maximum, or a lump sum at the CONTRACT ADMINISTRATOR's discretion, and shall not be exceeded unless prior written approval of CITY is obtained. The information contained in the budget shall be in sufficient detail so as to identify the various elements of costs, and the adequacy of such budget information shall be subject to the approval of CITY. A time established for completion of the work or services undertaken by CONSULTANT or for the submission to CITY of documents, reports and other information pursuant to this Agreement. The time established for performance shall be subject to the approval of CITY; however, the time may, in the iole discretion of CITY, be extended upon justification of CONSULTANT that additional time is necessary for performance. Failure on the part of CONSULTANT to comply with the time established for performance may result in the termination of this Agreement. d. WORK AUTHORIZATIONS shall be dated and serially numbered. ARTICLE 2 In order to establish the background, context and flame of reference for this Agreement and to generally express the objectives and intentions of the respective parties herein, the following statements, representations and explanations shall be accepted as predicates for the undertakings and commitments included within the provisions which follow and may be relied upon by the parties as essential elements of the mutual considerations upon which this Agreement is based. 2.1 CITY has met the requirements of the Consultants' Competitive Negotiation Act, as set forth in Section 287.055, Florida Statutes, and has selected CONSULTANT to perform the work of the specified nature as outlined in this Agreement. Accordingly, this Agreement qualifies as a "continuing contract" under section 287.055 (2) (g), F.S. 4 2.2 Negotiations pertaining to the services to be performed by CONSULTANT were undertaken between CONSULTANT and CITY, and this Agreement incorporates the results of such negotiations. ARTICLE 3 SCOPE OF SERVICES 3.1 3.2 The Scope of Services required to be performed by CONSULTANT shall be identified under one of the following procedures: LANDSCAPING ASSISTANCE for specific "day-to-day" work Tasks as requested by CITY and agreed to by CONSULTANT. Professional Services for a PROJECT as set forth in a WORK AUTHORIZATION. CONSULTANT shall provide all services as set forth in the WORK AUTHORIZATION including, without limitations, all necessary, incidental and related activities and services required. CONSULTANT and CITY acknowledge that a WORK AUTHORIZATION does not delineate every detail and minor work Task required to be performed by CONSULTANT to complete a PROJECT. If, during the course of the performance of a WORK AUTHORIZATION, CONSULTANT determines that it should perform work to complete a PROJECT which is outside the level of effort originally anticipated, CONSULTANT will notify CONTRACT ADMINISTRATOR in writing in a timely manner before proceeding with the work. If CONSULTANT proceeds with said work without notifying CONTRACT ADMINISTRATOR as provided in Article 6, said work shall be deemed to be within the original level of effort, whether or not specifically addressed in the WORK AUTHORIZATION. Notice to CONTRACT ADMINISTRATOR does not constitute authorization or approval by CITY. Performance of work by CONSULTANT outside the originally anticipated level of effort without prior written CITY approval is at CONSULTANT's sole risk. 4.1 ARTICLE 4 TIME OF PERFORMANCE In the event CONSULTANT is unable to complete performance of services because of delays resulting from untimely review and approval by governmental authorities having jurisdiction over a PROJECT, or by CONSTRUCTION CONTRACTOR and 5 4.2 4.3 such delays are not the fault of CONSULTANT, CITY shall grant a reasonable extension of time for completing the work. It shall be the responsibility of CONSULTANT to notify the CONTRACT ADMINISTRATOR promptly in writing whenever a delay is anticipated or experienced, and to inform the CONTRACT ADMINISTRATOR of all facts and details related to the delay. In the event CITY declares an emergency, the CONSULTANT shall make every reasonable effort to respond within two (2) hours, but under no circumstances, shall response time exceed four (4) hours. CONSULTANT shall provide CITY with a current up-to-date list of emergency personnel at all times. ARTICLE 5 5.1 5.2 5.3 COMPENSATION AND PAYMENT CITY agrees to pay CONSULTANT as compensation for performance of all approved LANDSCAPING ASSISTANCE services required under the terms of this Agreement at those BILLING RATES described in Article 1.8 and to reimburse CONSULTANT for REIMBURSABLES as described in Article 1.7, plus subcontractor fees pursuant to paragraph 5.6 for approved LANDSCAPING ASSISTANCE service. The BILLING RATES payable by CITY for each CONSULTANT's employee categories is shown on Exhibit "A". Total compensation for a specific work task under LANDSCAPING ASSISTANCE shall not exceed Fifteen Thousand Dollars ($15,000.00). CITY agrees to pay CONSULTANT as compensation for performance of all services as related to a WORK AUTHORIZATION required under the terms of this Agreement at those BILLING RATES described in Article 1.8 plus subcontractor fees pursuant to paragraph 5.6, up to the guaranteed maximum payment to be negotiated and stated in the WORK AUTHORIZATION and to reimburse CONSULTANT for REIMBURSABLES as described in Article 1.7 up to the guaranteed maximum payments to be negotiated in the WORK AUTHORIZATION, for a total guaranteed maximum stated in the WORK AUTHORIZATION. It is understood that the method of compensation is that of "guaranteed maximum" which means that CONSULTANT shall perform all services set forth for total compensation in the amount of or less than that stated in the WORK AUTHORIZATION. The BILLING RATES payable by CITY for each Consultant's employee categories is shown on Exhibit "A". CONSULTANT shall submit billings which are identified by the specific Task authorized under LANDSCAPING ASSISTANCE on a monthly basis in a timely manner for all LABOR and REIMBURSABLES attributable to the Task. These 5.4 5.5 5.6 billings shall identify the nature of the work performed, the total hours of work performed and the employee category of the individuals performing same. Billings shall itemize REIMBURSABLES by category and identify same as to the work personnel incurring the expense and the nature of the work with which such expense was associated. Where prior written approval by CONTRACT ADMINISTRATOR is required for REIMBURSABLES, a copy of said approval shall accompany the billing for such REIMBURSABLES. External REIMBURSABLES and subcontractor fees must be documented by copies of invoices or receipts which describe the nature of the expenses and contain a project number or other identifier which clearly indicates the expense is identifiable to a Task. CONSULTANT shall submit billings which are identified by the specific PROJECT and WORK AUTHORIZATION number on a monthly basis in a timely manner for all LABOR and REIMBURSABLES attributable to a PROJECT. These billings shall identify the nature of the work performed, the total hours of work performed and the employee category of the individuals performing same. Billings shall itemize REIMBURSABLES by category and identify same as to the work personnel incurring the expense and the nature of the work with which such expense was associated. Where prior written approval by CONTRACT ADMINISTRATOR is required for REIMBURSABLES, a copy of said approval shall accompany the billing for such REIMBURSABLES. The statement shall show a summary of LABOR COSTS and REIMBURSABLES with accrual of the total and credits for portions paid previously. External REIMBURSABLES and subcontractor fees must be documented by copies of invoices or receipts which describe the nature of the expenses and contain a project number or other identifier which clearly indicates the expense is identifiable to a PROJECT. Internal expenses must be documented by appropriate CONSULTANT's cost accounting forms with a summary of charges by category. When requested, CONSULTANT shall provide backup for past and current invoices that records hours and hourly rates by employee categories, REIMBURSABLES by category and subcontractor fees on a Task basis, so that total hours and cost by Task may be determined. Notwithstanding anything in paragraphs 5.1, 5.2, 5.3 and 5.4, at the CONTRACT ADMINISTRATOR's option, the contract method of payment may be a lump sum amount for a specific, detailed scope of services. For lump sum contracts, CONSULTANT shall invoice based upon percentage of work complete. Supporting information shall be provided to document the estimate of completion percentage. CONSULTANT shall bill identifiable subcontractor fees at the actual fees paid by CONSULTANT. 7 5.7 5.8 CITY agrees that it will use its best efforts to pay CONSULTANT within thirty (30) calendar days of receipt of CONSULTANT's proper statement as provided above. The parties shall comply with section 218.70, F.S., et seq. the Prompt Payment Act. Payment will be made to CONSULTANT at: O'LEARY DESIGN ASSOCIATES, P.A. Oak Plaza Professional Center 8525 S.W. 92na Street Suite Cll Miami, Florida 33156 6.1 6.2 ARTICLE 6 ADDITIONAL SERVICES AND CHANGES IN SCOPE OF SERVICES Services related to an LANDSCAPING ASSISTANCE Task which would increase, decrease or which are outside the level of effort agreed upon by CITY and CONSULTANT shall be services for which CONSULTANT must obtain prior written approval of CITY before compensation can be paid. Services related to a WORK AUTHORIZATION which would increase, decrease or which are otherwise outside the Scope of Services or level of effort contemplated by a WORK AUTHORIZATION shall be services for which CONSULTANT must obtain the prior written approval from CITY before compensation can be paid. All terms for the performance of such services must be agreed upon in writing in a document of equal dignity herewith prior to any deviation from the terms of a WORK AUTHORIZATION, and when properly executed shall become an Amendment to the WORK AUTHORIZATION. 7.1 ARTICLE 7 CITY'S RESPONSIBILITES CITY shall assist CONSULTANT by placing at CONSULTANT's disposal all information it has available pertinent to the PROJECT including previous reports and any other data relative to a PROJECT. It shall be CONSULTANT's sole responsibility to physically retrieve said information. 8 7.2 CITY shall arrange for access to make all provisions for CONSULTANT to enter upon public and private property as reasonably required for CONSULTANT to perform its services under this Agreement. 8.1 8.2 8.3 ARTICLE 8 MISCELLANEOUS OWNERSHIP OF DOCUMENTS: All sketches, tracings, drawings, specifications, designs, design calculations, details, models, photographs, reports, surveys and other documents, plans and data that result from CONSULTANT's services under this Agreement or that is provided in connection with this Agreement shall become and shall remain the property of CITY. Copies of all AutoCAD and other similar software files shall be provided to CITY. CONSULTANT shall be entitled to keep a copy of such items for record purposes. However, no changes or revisions to the documents or data furnished by CONSULTANT shall be made by CITY unless CONSULTANT's name and professional seal are removed from such changed or revised materials. ~: This Agreement may be terminated by CONSULTANT for cause, or by CITY for any reason with or without cause, upon thirty (30) days written notice from the terminating party to the other party. In the event of such termination, CONSULTANT shall be paid its compensation for services performed to termination date, including all REIMBURSABLES then due or incurred to termination date. In the event that CONSULTANT abandons this Agreement or causes it to be terminated by CITY, CONSULTANT shall indemnify CITY against any loss pertaining to this termination. All finished or unfinished sketches, tracings, drawings, specifications, design, design calculations, details models, photographs, reports, surveys and other documents, plans and data that result from CONSULTANT's services under this Agreement shall become and shall remain the property of CITY and shall be delivered by CONSULTANT to CITY. ]gF.~D~D__~: CONSULTANT shall keep such records and accounts and require any and all consultants and subcontractors to keep records and accounts as may be necessary in order to record complete and correct entries as to personnel hours charged to the PROJECT and any expenses for which CONSULTANT expects to be reimbursed. Such books and records will be available at all reasonable times for examination and audit by CITY and shall be kept for a period of three (3) years after the completion of all work to be performed pursuant to this agreement. Incomplete or incorrect entries in such books and records will be grounds for CITY's disallowance of any fees or expenses based upon such entries. 9 8.4 EQUAL OPPORTUNITY: CONSULTANT agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, national origin or disability and will take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, disability or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT agrees to furnish CITY with a copy of its Affirmative Action Policy, if requested. 8.5 NO CONTINGENT FEES: CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, CITY shall have the right to terminate the Agreement without liability, and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 8.6 B N : In the event CONSULTANT, during the term of this Agreement, requires the services of any subcontractors, or other professional associates in connection with services covered by this Agreement, CONSULTANT must secure the prior written approval of the CONTRACT ADMINISTRATOR. As part of the approval process, CITY shall require subcontractor to comply with the terms of this Agreement, specifically but without limitations, the requirements of this Article 8. CONSULTANT shall be responsible for obtaining releases from subcontractors at the time the subcontractors are paid. 8.7 ~: This Agreement, or any interest herein, shall not be assigned, transferred or otherwise encumbered by CONSULTANT, under any circumstances, without the prior written consent of CITY. Said consent shall be at CITY's sole discretion and may be unreasonably withheld. 8.8 INDEMNIFICATION OF CITY: CONSULTANT shall indemnify, and save harmless CITY, its agents, servants and employees from and against any suits, expenses, damages, costs, claims, demands and/or causes of action of whatever kind or nature arising out of error, omission or negligent act of CONSULTANT, its agents, servants or employees in the performance of services under this Agreement. l0 8.9 CONSULTANT further agrees to indemnify and save harmless CITY, its agents, servants and employees from and against any claim, demand or cause of action of whatever kind or nature arising out of any conduct or misconduct of CONSULTANT not included in the above paragraph. INSURANCE: CONSULTANT shall provide, pay for and maintain in force at all times during the services to be performed, such insurance, including Workers' Compensation Insurance, Employer's Liability Insurance, Comprehensive General Liability Insurance, Business Automobile Liability Insurance and Professional Liability Insurance. Such policy or policies shall be issued by United States Treasury approved companies authorized to do business in the State of Florida, and having agents upon whom service of process may be made in the State of Florida. CONSULTANT shall specifically protect CITY by naming CITY and CITY's officers, agents and employees as additional insured under the Comprehensive General Liability Insurance Policy, and Business Automobile Liability Insurance Policy, hereinafter described. The Professional Liability Policy or certificate shall reference this Project. All policies shall provide for a Notice of Cancellation and/or Restriction: The policy(ies) must be endorsed to provide CITY with thirty (30) days advance notice of cancellation and/or restriction. a. Professional Liability Insurance: The limits of liability provided by such policy shall be no less than Five Hundred Thousand Dollars ($500,000.00). bo Worker's Compensation Insurance to apply to all employees in compliance with the Worker's Compensation Law of the State of Florida and all applicable federal laws. Co Comprehensive General Liability Insurance with minimum limits of Three Hundred Thousand Dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: Premises and/or Operations. Independent Contractors. Personal Injury Coverage with Employee and Contractual Exclusions removed with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. do CITY and CITY's officers, agents and employees are to be named as additional insureds with respect to liability arising out of operations performed for CITY by or on behalf of CONSULTANT in connection with such operation. Business Automobile Liability Insurance with minimum limits of Two Hundred Thousand Dollars ($200,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: 8.10 8.11 Owned vehicles. Hired and non-owned vehicles. CITY and CITY's officers, agents and employees are to be named as additional insureds with respect to liability arising out of operations performed for CITY by or on behalf of CONSULTANT in connection with such operation. CONSULTANT shall provide CITY a Certificate of Insurance or a copy of all insurance policies required by Section 8.9 including any subsection thereunder. CITY reserves the right to require a certified copy of such policies upon request. All endorsements and certificates shall state that CITY shall be given thirty (30) days notice prior to expiration, cancellation or restriction of the policy. REPRESENTATIVE OF CITY AND CONSULTANT: It is recognized that questions in the day-to-day conduct of a PROJECT will arise. The CONTRACT ADMINISTRATOR, upon request by CONSULTANT shall designate in writing and shall advise CONSULTANT in writing of one or more CITY employees to whom all communications pertaining to the day-to-day conduct of PROJECT shall be addressed. CONSULTANT shall inform CONTRACT ADMINISTRATOR in writing of the representative of CONSULTANT to whom matters involving the conduct of PROJECT shall be addressed. CONSULTANT shall, at all times during this Agreement, have available for consultation or otherwise, an employee who shall be familiar with all work contemplated under this Agreement. A T R Y' E : If CITY institutes any legal action to enforce any provision of this Agreement, then CITY shall be entitled to reimbursement from CONSULTANT for all costs and expenses, including reasonable attorney's fees incurred by CITY, provided that CITY is the prevailing party in such legal action, and provided further that CITY shall make application to the court or other tribunal, for an award of such costs and expenses. 12 8.12 ALL PRIOR AGREEMENTS SUPERSEDED: This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 8.13 NOTICES: Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified, and the place for giving notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving notice, to wit: FOR CITY: F R T: Eric M. Soroka City Manager City of Aventura 2999 N.E. 191~t Street Suite 500 Aventura, Florida 33180 William A. O'Leary, FASLA President O'Leary Design Associates, P.A. Oak Plaza Professional Center 8525 S.W. 92nd Street Suite Cll Miami, Florida 33156 8.14 TRUTH-IN-NEGOTIATION CERTIFICATE: Signature on this Agreement by CONSULTANT shall act as the execution of a truth-in-negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which CITY determines the contract price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such contract adjustments shall be made within one year following the end of this Agreement. 8.15 NON-EXCLUSIVE AGREEMENT: The services to be provided by CONSULTANT pursuant to this Agreement shall be non-exclusive and nothing herein shall preclude CITY from engaging other firms to perform the same or similar services for the benefit of CITY within CITY's sole and absolute discretion. 13 8.16 WARRANTIES OF CONSULTANT: and represents as follows: CONSULTANT hereby warrants a. At all times during the term of this Agreemem, CONSULTANT shall maintain in good standing all required licenses, certifications and permits required under federal, state and local laws necessary for the performance under this Agreemem. b. At all times during this Agreemem, CONSULTANT shall perform its obligations in a prompt, professional and businesslike manner. 8.17 GOVERNING LAW: This Agreement shall be construed in accordance with the laws of the State of Florida. Venue for any action shall be in Dade County, Florida. [The balance of this page has been intemionally left blank]. 14 IN WITNESS THEREOF, the parties hereto have made and executed this Agreemem on the respective dates under each signature. CITY: ATTEST CITY OF AVENTURA, FLORIDA through its City Manager BY City Clerk Teresa M. Smith APPROVED AS TO FORM BY City Attorney Weiss Serota & Helfman. P.A. BY City Manager Eric M. Soroka __ day of ,19 15 EXHIBIT "A" LA~E,A~CHIT~URE LAND PLANNING URBAN DESIGN GRAPHIC D~IGN July 25, 1996 Mr. Robert M. Sherman Dire6tor C~mmqnity Services Department 299'9~N.; E. 191st Street Suit soo Aventura, Florida 33180 Dear Mr. Sherman: Pursgant to our discussion, the following are hourly rates charged by'o~r-firm for professional Landscape Architectural Services: PrOject Manager (William A. O'Leary)....._..$90.00/hour Architect ................. O01hour Clerical ................................... $35.00/hour Inci~tal expenses such as com~ute~ plots, reproductions, blue- pr.f~in~, long distance communication and photographs will be add~6nal'and will be invoiced for at our cost. Looking forward to working with you on this project, I am uery .truly yours, O'LEARY DESIGN ASSOCIATES, PA WILLIAM A. O,LEARY, WAC/cas QAK pLAZA PROFLS$1ONAL CENTER 8525 S.W. 92ND STREET, SUITE CI 1 MIAMI, FLORIDA 33156 (305) 596-~0,96 i July 24, 1998 Bill O'Leary .O'Leary Design Associates. 8525 S,W. g2nd Street, Suite Cll 'Miami, Flodda 33156 CITY OF AVENTURA ENGINEERING SERVICES PROPOSAL NO. P81D Dear Mr, O'Leary: CRAIG A. SMITH & ASSOCIATES CONSULTING ENGINEERS · PLANNERS , SURVEYOI~$ As per your request the following are our hourly rates which are the same rates which we are currently charging Bal Harbour Village. PRINCI PAL $t00.00/HR. SENIOR SUPERVISING ENGINEER $ 8§,O0/HR. SENIOR PLANNER $ 80.00/HR. SUPERVISING ENGINEER $ 80.00/HR, PROJECT ENGINEER $ 70,00/HR, ENGINEER TECHNICIAN $ 60,00/HR. FIELD REPRESENTATIVE $ 50.00/HR, DRAFTER (CADD) $ $0,00/HR. CLERICAL $ 3§,00/HR. THREE-MAN SURVEY CREW $ 80,00/HR. SURVEY TECHNICIAN $ 60.00/HR. !~ 00~3 West M~h Road, Pompano Beach, Flodda 33089, ( ] 78a~, F~: (954) 786~927 Mr. Bill O'Leary July 24, 1096 Page 2 of 2 We Igok forward to working with you on this projeot. plaa~)e contact me directly. Sincerely, CRAIG A. SMITH & ASSOCIATE8 WIIllam H. Pmje~ Manager If you have any questions m:~un[c~ropo~m~$1d Hourly Rates Aventura, Florida A~ttached please find our hourly rates for the individuals who may provide servi~s to the City under aia~ anti~pated oontraets. Please note ,t. hat lhe~c mc tho ~ame rat~s qu. ote~ to. the V'fllage of Bal H~ut for the r~.ently completed Coffins Avenue Pl~se II Beautific~tlon projmt. . Should you rcqulr~ additional information please c~ll. yours, ~losure 2'J01 N, ANDREWS AVENUE. ~UJT~ t00, FORT LAUDERDALE, FLORIDA 83311 PERSONNEL HOURLY RATES I. Senior Electrical Engineer II. Electrical Engineer III, Designer IV. Administrative $8$/Hour $70/Hour $50/Hour $40/I-Iour C~fl~l~ Ptn3L~C AC¢Ot~BrrANrS & CONSULTANTS A F~r~nerskip ~¢l~ldin§ P~f~ion~l A~i~6.ons July 22, 1996 William O'Leary 15740 S. W. 76th Avenue Miami, Florida 33156 Dear Bill: r telephone conversation, please fin~ below the followin9 Per ou~ . ~ ....... ~,L^a~,DesignAsSOc~ates, P- A. tax return information compl±e~ ~r~t~u ~ ~3 records a~d your personal tax return recordS. 1. O'Leary Design Assoclate ,Inc. - the company has an approximate net worth in excess of $250,000. The company has paid you in excess of $80,000 per year in compensation for the past several years. 2. William and Christina O'Leary- based on your ta2~return record's you and your wife have a personal net worth in excess of $500,000. BO~ you and the company have been a client of Rachlln and Cohen since 1969. During that time you have been very consistent and ethical in you~ business practices and building your personal net worth. Since~~,~ Michael ~. Novak, CPA . ' , Ten~ Floor, ~an~, ~0~da 33151' Dade (305) 377-4228, F~ (305) Oaa Coou~eaSt ~ Ave_~u.e ..... . 3316, Brow~rd 954) 525-10~0 ' Fax (~4) 525-2004 700 Southeast Third Avenue, lkiad. Floor, Ft.L,,,d~,dale, Florida 3 ' 0 C~'el ~'ub[l¢ AceO~0't m~ m''~'~ ''-.--- ILLINOIS INSURANCE EXCHANGE BEEN ISSUED TO THE INSUREO I 0ONTRACT OR * i ALL THE TERMS, ~HOWN ~[~,Y NAVE BEEN REDUCED BYPND CLAII~. ! ; ........... 50J)., 000 ' 01-26-96 O1-26-9~P~m^°~i..~ ...... ! . .. .~ ..... 500,000 LIMIT 07-18-9! J UL-e'~'-~O Iityl] C£?cf~I~o PuI~uC ACCOI~NTAN?S &: C©NSULTAIXFJFS A Partnership h',¢ktdin§ Profe$~ion~I July 22, 1996 William O'Leary 15740 S. W. 76th Avenue Miami, Florida 33156 Dear Bill: follo ~ng Per our telephone conversation, please fin~ below thew' information compiled fromO'LearyDesignAss°cxates' P. A. tax return records and your personal tax return records. ' S I. O'Leary Design Assoc%ate . Inc. - the company has an approximate net worth in excess of $250,000. The company has paid you in excess of $80,000 per year in compensation for the past several years. 2. William and Christina O'Leary - based on your tax return record's you and your wife have a personal net worth in excess of $500,000. Both you and the company have been a client of Rachlin and Cohen since ~969. During that time you have been very consistent and ethical in your business practices and building your personal net worth. since~~,~ Michael H. Novak, CPA Octe $ou~hea~ Th)z yenue, Ten6~ Floor, Miami, Florida $$151. Dade (305) 377-¢28 ' Fax.(305) 377-8331 O'LEARY DESIGNS ASSOCIATES 8525 S,W~ 92ND STREET C-llA M:IAMI, FLORIDA 33156 A ~ERTI~{QAT~ ~Y 8E $~UED OR ~Y PE~A N, ~E N~U~CE AFFOR~D BY ~E P ........ ;~;fi~XZZ~,f.t~,i,.,.SC~Z ~, ~O%U~IONS ~D ~NOlT~ ~ SUCH ~LI~ES. LIMITS ~WN k~Y ~V~ SEEN REDU~D DY PAID 20[[02 ~ 0[-26-96 0[-25-9~ 07-18-9~ 500,000 LIMIT TURNBERRY COUNTRY CLUB SUPPLEMENTED EXHIBITS Before the City Council City of Aventura August 20, 1996 PUBLIC HEARING No. 95-660 / 96-7-ACC-1 TABLE OF EXHIBITS EXHIBIT Tumberry Isle Resort & Club Brochures Aerial Photograph Site Development Plan Site Development Plan with Parking Garage Project Elevation (Golf Course View) Project Elevation (South View) Photographs of Clubhouse from Coronado Photographs of Golf Course and Clubhouse from Coronado Ground Floor Plan Dade County Resolution Number Z-50-69 Dade County Resolution Number Z-253-77 Dade County Resolution Number Z-5-89 1989 Approved Site Plan "Development Criteria for Biscayne Village" Criteria Book and 1981 Letter from Director, Dade County Building and Zoning Land Allocation Map Composite Resolutions Governing Development of Subject Property Section 33-311, Code of Metropolitan Dade County Tumberry Isle Resort & Club Turndown Reports Tumberry Isle Resort & Club Overnight Valet Parking Tumberry Isle Resort & Club Tax Calculations Awards Presented to Tumberry Isle Resort & Club Affidavit of Capital Expenditures and Maintenance Curriculum Vitae - Jens Grafe Resum6 - Bruce F. Brosch; Nichols Brosch Sandoval & Associates Dade County Resolutions Governing Development of"M" Site TAB A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 10 Stories 128 Units PROPOSED HOTEL BUILDING LrM~TS OF THIS PERMIT eeeee e e.~.e ~e · W~T COUNTRY CLUB DRIVE SITE DEVELOPN SITE DATA Golf Course 10 Stories 128 Units PROPOSED HOTEL BUILDING LIMITS OF THIS PERMIT OtJvln SiTE DEVELOPMENT SITE DATA GOLF COURSE ELEVATION ! ! I ! ! I SOUTH ELEVATION DRIVING RANOE ' EXISTING TENNIS COURTS · EXISTING 5 STORY HOTEL BUILDING -- AREA BREAKDOWN: GROUND. FL.OOR PL6,1!I_:," ~na~ of ~lori~a, 68.-?22 of ~0° 17: ~4", for'a dibS*ante of 39,40' to a po~t of tamgen, cy;~%n, run ~. 87° ' '28~'10" ~. ~6n~ the S. '~o of ssi~ ~zct 23~ 4h0~21' to a poin~ of c~ture of -'- a ~ c~ncave to ~; tbl rc~ ~g the ~c O~o.S~i~ c~c~ h~ ~or its ** -e~s A r~us of ~ ~ a .c~r~ ~c ~ ~0 '23' No; ~ ~ ~ho~ ~ *s~d Plat of ~a f~. ~' ~t~ce of .~'~ ~=~.~ accord.to the p~ t~reof~(~ B~ Pge..13)~ th. r~ N. 87° ~ '~" E. - ~d bM~ ~ th, r~ N,' 87. 31: ~ ..E, ~g.'~e .~, ~es of ~ Dh: ~.27~ ~ ~ P~; ~,?~ N'3° !7: qT" W, '~ a:3~e p~ to ' ~,50' I-~ of~ ~-~ed ~t ~gh% ~s to the E,.~e ~ ~ ~s~ce o~.~!,~ to a p~ of ~rsectt~ ~ith the N, ~e ~ m~d . -. ~ ~; ~. ~ N, '87° 36t ~' E, *~on$ the N~t~e of s~d -. .~ c~'.of s~d ~ 3&; the s~e b~g.the ~ corn~ o~ L~ 2-~ ~k 1~ of s~ . ~at ~ }bp 0f ~e Tram of H~9~u~e; ~,'rm 8, 3° 17~ ~" *% ' ~-s~d ~t 2 6f ~ 1~:' 330,~Y ~. t0 ~ ~{ of ~nborsec~on w;ith the ~ *~e*~of s~d ~ot.2 ~ ~ l~'th, ~N..87° ~ 41" E. ~g ' * ~-15; ~,.-~ N, *30 31' 10n. %I, ~2~ho ~. ~e' of s~ ~t 1 of ~ ~..330.82t '.*~ ~ sam ~*a' ~fon'~:~e-~ ~'~Ect 2, Nor~ ~a~ A~, . *'*w~. ~r~e-~4'bom~g oZ. ~a~ ~: ~2.~' ~a* ~o~; 2 .Ni ~ ~e 's~id b~=~ qf*~.2~;~-01~ to .~he~ ' said ~ ~ D~** ~$ ~'.~' ~.Z-*3° h%' ~" E- ~ong-the. EJ ~e~gf s~-~[. . -_ T~c~ E~'76.40~'-~ m-~t ~ *c~t~e ~ a ~me con~ve.~ the * .*. ~ ~e ~o.of. ~ ~*~g f~ it~.'~ a ~ ~ 25i- ~ a~'c~ '-.. ~ of: 91° 42'' ~' f~* m ~ce.~ ~0.~' to g poL~ ~ ~n~cy; ~:~ S, " ' of a o~e ~n~e ~ ~ ~:.th. ~ ~o~ the ~-~ s~d ot~e ham~ T~.it= . ' .- jg.63~ ~ a*~ ~ ~g~c~ ~. r~ N,'3 .*..3t* ~0" ~g; *~ohg ~e ~{. ~e}.pf.~d . *u * ~ 9,'-76.t6"~ ~-~t of .~ecti~ ~:i~ *the bo~ of' - ~4*~d N~ l~e ~ t~ ~ of See. 34, ~57.16 ~ ~e ~n~ ~ s~ ~ . . ~ ~ec. ~ thJ r~N. 87° 5~.35n E. ~ong the N, ~e of * -- ~'~ +~ --,- ~ 2° ~' ~7"U, ~ s~ead~o, 2b~2.oo --C-"'-~c~ ~ 2~.~' %0 a ~t ~ ~tR~.af ~ ~e concave ~t ~ ., _~ 8~o ~z 32u for'a ~ce o~8B.03:, 'N NB°~ 3~"1~- 1~.~~ ~~* · * * ' ..:. . * ~: Prom ~o-~vd ta the ~y; ~e~ }~ ~1 2/3-$2-42 p rt~es .to be hear~,.and afte~ re~iewing ~e entire ~tter, a~d . .~ .- - i · .-.:-.~ .-.' . . .-' .... .. -.. · ~ang~.and specl~l ~ce~tton wo~d be co~ati~le wi~ ~e n borho~ an~ ~==~ coucerne~ =n~ w~ul~ not be ~rfnc~l=s an~ .int~t of ~ plan ~o~ ~e ~evelo~ment - ~s=ioners, Dade County,-Florida,' ~at the r~quested ~is~ict aa~ ~9~e to ~U--2 ~e and ~e ~ame f~ hereby· &~roved, sub3e~ '~o W~ig~AS, a public )~earing of the Metropolitan Dade County' ~0'~.i~ Ai~peala ~o~rd was ~ver~$ed an~ held' as required a~d ~!1 i~terest'e~ ?urties concerned in ~e matt~ W~e hea~,' t~e Zen{ns: -.. AppealS. . 'Board ¢;as ~ ~he opinion that ~ requested wi~ ' the neighborhood ~n_ ar~ .cgncerned and would - --not. De in conflict wi~ the ~rinci and int~t of ~lan for. ~e deve!o~m~nt of Dade Couhty, ~lo~ida, an~ that' ~e r&~ue~ted W~eci~i 'exception ~ould be ~ompat~ble ~i~ ~e.mr~ and' its ~0eveloDme~t and wodld conform ~i~ ~ ~s~rlct ~o~nda~ ~nges amd approved ~e s~ecfal ~ept~on, =~3~ct' t~ ~6nd'i~ions, and. . ~.S,-'a 15~ay'-no{ice of ~e ~me ~n~ plac~ Of the me~tin~ dining, an~.-~ur~ant'.to Section' 33-315 o~ ~o ~etro3olitan C~e That a plot use vl~a' be submitted'~o and n~eet with ~he apples] of ~e ~onlng Director; said plan t0 include 'among 'uSer but be not li~tcd ~ ~ereto, location of buildin~ or ~pe ~n~ lo~tio~ of signs, light s~an~urds, ~ar~ng ~r~, .- . . - ... ~-~-~:~ . . . % '''~ ~ ' ' :' ' d ' ' ' 2/3-5,2-4 ' * ~e .Zogtn~ Dl~e~tor'~ her~y ~i~ected to ~ke the necessa~ ~anges and notations, upon the ~ps and r~cords of ~e *Dade County *.' .-- ~ance wi~ ~ t~rm~ ~n~-~onditions. of this resolution.. :-~.. -.% 'PASS~ ~ ~OP~ ~is 20'~ d~y Of P~uary, 1969. _" . . . ~ * =.. . ~* ... /% . . '*.-'.% . .. ~ Beard IL1~-69 69-1-4 BOARD'oF CbUI~TY CO~=4ISSIO~TE/~S ~ I ~DwARD D, PHE~N De~u~y. Clerk 5 STATE OF FLORIDA ) : SS COUNTY OF DADE ) I, KENNETI4 W. SCHANG, Director of the Metropolitan Dade County Building and Zoning Department, and Ex-Officio Secret~ry of the Metropolitan Dade County Zoning Appeals Board~ DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of Resolution No. U.Z^~-?5~-?? adopted by said Zoning Appeals Board at its meeting held on ~IILY 11 ~ 19 77' - IN WITNESS WHEREOF, 1 have hereunto set my hand and seal on this ~N~Tp~ai~T~ , day of ~1 IL Y ~ A~D. 19 77 SEAL KENNETH W. SCHANG, Ex-Officio Secretary Metropolitan Dade County Zoning Appeals Board Item No. 77-273 RESOLUTION NO. #-ZAB-253-77 The following resolution was offered bY Mrs. R. 3ollivette Frazier~ seconded by Helen P. Pagano and upon poll of members presents the vote was as follows~ Nancy Brown absent Peter Goldring aye Thelma Damewood absent Helen P. Pagano aye Lillian Dickmon aye Betty S. Page aye R. 3ollivette Frazier aye Murray Sisselman aye Edward G. Coil, Jr. absent WHEREAS, AVENTURA COUNTRY CLUB have applied for a SPECIAL EXCEPTION to permit the expansion of an existing Clubhouse and to permit modification of previously approved plans~ approved pursuant to Resolution t~-ZAB-191- 7t~ passed and adopted by the Zoning Appeals Board on the t~th day of March, 197#, entitled "Aventura Country Club Tennis Court & Sign 5itc" prepared by William Hamilton Arthur dated 2-20-73 and revised ~-1-73. Purpose of the request is to relocate the previously approved Motel from the South portion of the Subject. ProperW to the North portion of the property and to expand the existing clubhouse. Plans ol the proposed relocation and expansion are on file in tile Zoning Deparbnent entitled "Aventura Country Club Additions" prepared by Robert M. Swedroe and dated i tt--25-77. SUBJECT PROPERTY: Tract B, BISCAYNE YACHT & COUNTRY'CLUB, Plat Book 89~ Page .~0, in Section 3% Township 51 South, Range t~2 East. LOCATION: North of theoretical N.E. 200th Street and East of West Country Club Drive) DADE COUNTY, FLORIDA. WHEREAS, a public hearing of the Metropolitan Dado County Zoning., Appeals Board was advertised and held~ as required by law) and all interested parties concerned in the matter were heard) and WHEREAS) upon due and proper consideration having been given to the matter) it is the opinion of this Board that the requested Special Exception would be compatible wlth the area and its development and would conform with the requirements and intent of the Zoning Procedure Ordinance; NOW THEREFORE BE IT RESOLVED by the Metropolitan Dado County Zoning Appeals Board that the requested Special Exception be and the same is hereby subject to the following conditions: 1. That a plot use plan be submitted to and meet with the approval of the Zonin Director; said plan to include among other things but not be limited thereto, location of building or buildings) type and location of signs) light standards) parking areas) exits and entrances, drainages walls) ~ences) landscaping, etc. 2. That said plan be substantially in accordance with the plan submitted for the hearing entitled "Aventura Country Club Tennis Court & Sign Site" prepared by William Hamilton Arthur dated 2-20-7~ and revised 3. That the use be established and maintamed in accordance with *.he approved plan. The Zoning Director is hereby direcred to make the necessary, notations upon the maps and records of the Dado County Building and Zoning Department, and to issue all permits in accordance with the terms and conditions e~ this i".esolution. PASSED AND ADOPTED thisllthdav, of July, 1977. 88-757/3-52-42 I N~ . - - The following r~solution was offered by Cc~missioner Sheridan S. winn, seconded by Cc~ssioner Stephen p. Clark, and upon poll of r~rs present the vote was as follows: Barbara M. Carey ~bsent ~arry D. Schreiber absent Charles Dusseau ay~ Jorge (George) Valdes aye Joseph M. Gersten absent Shennan S. Winn ay~ Larry Hawkins ay~ Stephen P. Clark aye }{arvey Ruvin absent (1) (2) (3) W~dEREAS, TURNBEP~RY COUNTRY CLUB, had applied for the following: A district boundary change frc~ GU (Interim) to BU-2 (Special Business) REQUEST #1 pARCRT.q "A", "B" & "C". SPECIAL EXCEPTION to pennit site plan approval and the expe~sion of residential uses in the BU-2 zone; to wit.' 232 hotel units and 70 villas (223 units and 79 villas previously appro~). F~DDIFICkTION of plans approved pursuant to Resolution 4-ZAB-253-77, passed and adopted by the Zoning Appeals Board on the llth day of July, 1977, and further mudified by Resolution 4-ZAB-29-88, passed and adopted by the Zoning Appeals Board on the 27th day of January, 1988; said plan identified as follows: F~M: "'Renovations to the Ttucnberry Isle Country Club,' as prepared by Nichols Partnership, consisting of 3 sheets and dated 11-18-87." TO: "'Renovations to Turnbe~-ry Isle Country Club,' as prepared by Nichols Partnership, consisting of 4 sheets and dated r~ceiv~d 12-13-88 and 'Survey,' as prepared by Manuel G. Vera and Assoc., Inc., dated received 12-13-88, consisting of 2 sheets." The purpose of this request is to pe~it the su~ttal of new plans showing additions to an existing country club and the exchange of land between the country club and golf course uses. (4) NON-USE ~ OF PARKING REGULATIONS prohibiting parking with/n 25' of the right-of-way; to wai~ s~ to pe~t 56 parking spaces within 25' of West Country Club Drive (39 previously approv~). (5) L~USUAL USE to permit a guardhouse. (6) SPECIAL EXu~rION to pe~t a pr~sed hotel with a height of 140'. (7) NO~-USE VARIANCE OF PA~KING RE~IONS to pezmit tandem parking (none (8) NC~-USE VARIANCE OF ZONING REGULATIONS requiring a 5' high d~corative ~asonry wall along a property line on business lots abutting a GU zone; to waive sa~e. (9) ~/)DIFICATION of a portion of Condition #2 of Resolution Z-50-69, passed and adopted by the Board of County Cc~tlssioners on the 20th day of February, 1969 and further modifi~ed by Resolution 4-ZAB-29-88, passed and adopted by the Zo~ng A~peals Board on t~ 27th day of January, 1988 only as it applies to the subject propety as follows: FR~: ZONING REGULATIONS FOR C0~9~RCIAL pARCET, "S" Pe~tted Uses: Principal: Clubs A~cessory: BU-2 Yd31imum Lot ~%rea: 100,000 sq. ft. Z-5-89 Minimum Lot Frontage: ~ Setbacks Front: Side: Rear: Interior: Adjoining RU use: Minimum Distance between buildings: M~ximum Height of Buildings: Maximum Floor Area Ratio: Par~/ng Requirements: Page 200 ft. 34-51-42 25 ft. 20 ft. Oft. 0 ft. None 5 Stories or 50 ft. (Sec. 33-57 and 33-58 do not apply) 5 to 1 Sec. 33-124 shall apply. ZONING ~IONS FOR COMMERCIAL PARCEL "S" Pennitted Uses: Principal: Clubs and Hotel Accessory: BU-2 100,000 sq. ft. 200 ft. Minlm~n Lot Area: Min/mum Lot Frontage: MLn/mum Setbacks Front: Side: Re~r: Interior: Adjoining RU use: Minimum Distance bet~=en bu/ldings: Maximum Height of Buildings: Maximin Floor Ar~a Ratio: Parking ~equir~nents: 25 ft. 20 ft. 0 ft. 0 ft. None 0 ft. 7 Stories or 92.33 ft. (Sec. 33-57 and 33-58 do not apply) 5tol Sec. 33-124 shall apply. The purpose of the above request is to paImit the proposed hotel with a greater height than allowed by the Criteria Book. REQ~-~TS #2 - #9 ON Tract "B", less Tracts 1, 2 & 3, and including Parcels A, B, &C. (10) A district boundary change frc~ BU-2 (Special Business) to ~J (Interim) REQUEST #10 ON TRACTS 1, 2, & 3. (11) UNUSUAL USE to pa~mit a private'recreational facility, to wit: 2 tennis courts in a ~J zone. REQUEST #11 ON TRACT 1. SUBJECT PROP~Krf: pARCEL "A": A portion of Tract "U" of the FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB, Plat book 99, Page 20, lying in Section 34, Township 51 South, Range 42 East, said portion more particularly described as follows: Z-5-89 Page Three 34-51-42 Coa~ence at the Northwest corner of Tract "B" of the BISCAYNE YACHT AND COUNTRY CLUB, Plat book 89, Page 50; thence along the boundary ~e of said ·'ract 'B' for the fol~.o~Lng described 3 courses: (1) thence N89 19'28"E for 74.76'; (2) thence N20 40'37"E for 91.48' to the beginning of a curve to the right; (3) thence along the amc ~f said curve to the right having a radius of 120' and a central angle of 171 8'57" for a distance of 358.45' to ~ point non-tangent, said ~p~int also being the Point of beginn/ng; thence N37 7'56"E for 80'; thence S52 52'4"E for 328.04' to a ~oLnt on a curve, said point also being on the boundary line of said Tract "B" and said point bears N37°7'56"E frcm the center of said curve; thence along t3~ boundary line of said Tract "B" for the following described 2 courses; (1) thence along said curve to the left having a radius of 400' and a central an~g~e of 16o30'0.. for a distance of 115.19' to a Point of tangency; (2) thence N69 22'4"W for 223.64' to the Point of pA~C~. "B": A portion of Tract "U" of the FIFI~H ADDITION BISCAYNE YACHT AND CfXH4TRY CLUB, Plat book 99, Page 20, lying in Section 34, Township 51 South, Range 42 East, said portion more particularly described as follows: Commence at the Southwest corner of Tract "B" of the BISCAYNE yAEi4T AND C0~%~fRY CLUB, Plat book 89, Page 50, said point being on a curve to the left; thence along the bour~try line of said Tract "B" for the following described four courses: (1) thence along the arCoOf said curve to the left, having a radius of 170' and a central angl.eoOf 75 5'3" for a distance of 222.78' to the Point of tangency; (2) thence N12 14'25"E for 112.01' to a Point of curvature of a curve to the right; (3) thence along the arc ~o~ said curve to the right having a radius of 120' and a central angle of 15~ 13'43" for a distance of 314.64' to a point on said curve; (4) thence N50 38'9"E for 3~.81' to the Point of beginning- thence N87~26'47"E for 1~8..04'; thence S39 21'51"E for 116.31'; thence N50638'9"E for 124'; thence N39 21'51"W for 205' to a point on the boundary 1Lne of said Tract "B"; thence S50°38'9"W along the boundary line of said Tract "B" for 242.52' to the Point of beginning. PARCEL "C": A portion of Tract "U" of the FIFTH ADQITION BISCAYNE YACHT AND COUNTRY CLUB, Plat book 99, Page 20, lying in Section 34, Township 51 South, Range 42 East, said portion more particularly described as follows: Cc~nence at the South~st corner of Tract "B" of the BISCAYNE yAf~T AND COU~TRY CLUB, Plat book 89, Page 50, said point being on tbe east right-of-way line of West Country Club Drive , and said point also being on a curve to the left; thence along the boundary line of said Tract "B" for the following described thr~e courses; (i) thence along said curve to the left, ,.having a radius of 170' and a central angl~eoOf 75v5'3'' for a distance of 222.78 to the Point of tangency; (2) thence N12 i4'25"E for 112.01' to a point on a curve; (3) thence along the arc o~ said curve to the right, having a radius of 120' and a central angle of 48 23'6" for a distance of 101.34' to the Point of beginning; thence continue along said cur~ to the right and along the ~r~..1~ of said Tract "B", having .a radius of 120' s~dida ~en;teralt~ngclee of ~90 34 16 for a distance of ~89.69 to a point on ' ~ ; S87~26'47'~ for 1~.34'; thence S2~33'13"E for 34.~4'; thence S87 26'47"W for 132.42; thence N2u33'13"W for 74.14'; thence N47 33'13"W for 19.82.' to the Point of beginning. Tract 1: A portion of Tract "B" of the BISCAYNE yAEHT AS~ COUNTRY CLUB, Plat book 89, Page 50, lying in Section 34, Township 51 South, P~nge 42 East, said portion more particularly described as follows: Beginning at the Nort~st corner of ~aid Tract "B"; thence along the boundary 1~ of said Tract "B" for the following described 4 courses: (1) thence N89 19'28"E for 74.76'; (2) thence N20~40'37"E for 91.48' to a point on a curve to the right; (3) thence along the arc of ~i.d, ~ to .t. he right, having a radius of 120' and a central angle of ~7. i 8 57 for a distance of 358x45' to a point non-tangent; 14 t~nce S59 22'4"E for 10.~5'; thence S73U19'29"W for 314.89'; thence S16U40'31"E for 76.89'; thence S87 19 28'W for 60646' to the east right-of-way line of West Country Club Drive; thence N2 40'32"W along the east right-of-way line of said West Country Club Drive for 151.3' to the Point of beginning. Z-5-89 Page Four 34-51-42 Tract 2: A portion of Tract "B" of the BISCAYNE YACHT AND COUNTRY CLUB, Plat book 89, Page 50, lying in Section 34, Township 51 South, Range 42 East, said portion more particularly described as follows: Beginning at the Southwest corner of said Tract "B", said point also being the east right-of-way line of West Country Club Drive; thence N2-40'32"W along the east right-of-way line of West Country C.~.u~. Dri~ and along the boundary line of said Tract "B" for 43.83'; thence N87 19'28"E for 113.94' to a point on a curv~, said point being on the boundary line of said Tract "B"; thence along said curve to the right and along the boun .~r~.. li~ of said Tract "B", having a rad/us of 170' and a central angle of 42 4'52" for a distance of 124.86' to the Point of beginning. Tract 3: A portion of Tract 'B' of the BISCAYNE YAEHT AND COUNTRY CLUB, Plat book 89, Page 50, lyLng in Section 34, Township 51 South, Range 42 East, said portion more particularly described as follow~: Cc~ence at the Southwest corner of Tract "B" of the BISCAYNE yA/~4T AND C(TJ~fRY CLUB, Plat book 89, Page 50, said point being on a curv~ to the left; thence along the boundary line of said Tract "B" for the following described 3 courses: (1) thence along the a~cnof said curve to the left, ~ving a r_a~us of 170' and a central angleoof 75v5'3" for a distance of 222.78 to the Point of tangency; (2) thence N12 14'25"E for 112.01' to a point on a curve to the right; (3) thence along the arc,of said curve to the right, hav~g a rac~]us of 120' and a central angle of 150v~3'43" for a distance of 314.64 to a point on said curve said point bears N7~u28'8"E from the center of .said .curve_to the Point of beginning; thenc.eO NS0~38'9"E along the boundary line of sa. id T~a. ct "B" for 36.81'; thence S87 26'47"W for 37.78 to a point on the bounoary line of said Tract "B", said point also being on a curve to the right; thence along the arc of said curve to the right, having a radius of 120' and a central angle of 11°16'19,. for a distance of 23.61' to the Point of beginning. TRA~T "B": BISCAYNE YACHT AS~ COUNTRY CLUB, Plat book 89, Page 50. The aforementioned plans are on file and may be examined in the zoning Departmsnt. Plans may he modified at public hearing. IDCATION: 19999 W. Country Club Drive, Dade County, Florida, and 1~HEREAS, a public hearing of the Board of County Cc~a~issioners, Dade County, Florida, was adu~rtised and held, as required by law, and all interested parties concerned in the matter ~ heard, and upon due and proper consideration having been given to the matter, it is the opinion of this Board that the r~quested district bour~ary change to BU-2 (It~ #1) ~uld he cc~patible with the neighborhood end area concerned and would ~ot be in conflict with the principles and intent of the plan for tt~ development of Dade County, Florida, and sb~uld be approved, subject to conditions, that the requested district boundary change t0 (~J (Its #10) would be cc~tLble with the neighborhood and area concerned and would not be in conflict with the principles and intent of the plan for the develo~nt of Dada County, Florida, and should be approved, end that the requested special exceptions, modifications, unusual uses and non-use variances (Items #2, 3, 4, 5, 6, as herein n~dified, height of the preposed hotel to be 92.33 feet instead of the ~equested 140 feet, 7, 8, 9 and 11) ~Duld be compatible with the ar~a and its Z-5-89 Page Five 34-51-42 development and would be in harmony with the general purpose ar~ intent of the regulations and would confomn with the requLr~nents and intent of the ZoDJ21g Procedure Ordinance and should be approved, subject to conditions; NCI8 THEREFORE BE IT RESOLVED by the Board of County Cc~missioners, Dade County, Florida, that the requested district boundary change to BU-2 be and the sat~e is hereby appz~ved and said property is hereby zoned accordingly, subject to the following conditions: 1. That a plot use plan be suhnitted to and meet with the approval of the Zoning Director; said plan to include among other things but be not limited thereto, location of building or buildings, type and location of signs, light standards, parking areas, exits and entrances, drainage, walls, fences, landscaping, etc. 2. That the use be established and maintained in accordance with the approved plan. BE IT FURTHER RESOLVED that the requested district boundary change to GU be and the sa~e is hereby approved and said property is hereby zoned accordingly; BE IT FURTHER RESOLVED that Ite~ #2, 3, 4, 5, 6 as herein n*Ddified, height of the proposed hotel to be 92.33 feet, 7, 8, 9 and 11 be and the same are ~ app~uved subject to the following condition: All conditions of Resolution No. 4-ZAB-29-88 e~cept as n~dif,ied herein. The Zoning Di_r~rtor is hereby directed to make the necessary changes and Ilotations upon the maps and records of the Dada County Building and Zoning Depa~u~ent and to issue all per,its in accordance with the tez~s and condition of this resolution. PASSED AND ADOPTED this 19th day of January, 1989. January, 1989 DADE COUNTY, FLORIDA,~-~ No. 89-1-CC-3 BOARD OF COU~fY.fiO~SS 2/7/89 RAY 4OND mr By Richard P. Brink~ Deputy Clerk % This ~esolution transmitted to the Clerk of the Board of Count on the 13th day of , R~2~k2~X~ 1989. Cc~missioners STATE OF FLORIDA ) ) SS: COUNTY OF DADE ) I, RICHARD P. BRINKER, Clerk of the Circuit Court in and for Dada County, Florida, and Ex-Officio Clerk of the Hoard of County Commissioners of said County, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of Resolution No. Z-5-89 , adopted by the said Board of County Commis- sioners at its meeting held on January 19 , 19 89, this IN WITNESS WHEREOF, I have hereunto set my hand and official seal on 13th day of Februaw _, A. D. 19 89 . RICHARD P. BRINKER, Ex-Officio Clerk Board of County Commissioners Dade County, Florida By Clerk Board of County Commissioners Dade County, Florida EXISTING GOLF COURSE O Pf:IOPOSED SITE DEVELOPMENT PLAN 1"=50' ~.~,~ L,~,~ .~'~,=,~ C.~ ~ J~ . ~,t;.,~'~ RECEIVED,,,,,,_ .... 2 1981: Ju~e. 25~ 198! Pox 630~15 rlcrr/da 33163 Pursuant to .th~. meeti~ in .~y offic~ rega~-~ing t_he ~? ~tatu~ A~nut~a ~Loj~t, atten~ ~f ~u, S~n ~l~, J~ r~lla ~a e~q ~If% I ha~ ~vie~:~ all of ~ ~n~ [~nt ~ t~ ~ing of ~ ~o~%, an~ ~e pr~i~ of site p~ a~ ~t~i~ P~s~ ~n ~,is revi~ a~ ~ disc~sion wi~ S~ Pri~, it i~ ~ ~ini~ .that all site pla~ ~ ~trg~ti~ p~-~ s~d ~ revi~ed a~] for. ~i~ p~es in ~rd~ wi~ ~ ~v~i~ of the ~i~ria dat~ ~%~r 2, 196~ a~ entitle:~ "~el~nt Criteria for Vill~e". ~is criteri~ ~ which wam ~rtise~ ~, ~ference ~n~ins d~l~a.~nt ~r~te~ ~r wht~ a~o~,a~ will ~ 9ran~-] for all In L-l~le~nting the ~tar~'~*-~s i .~:~ed ~l the. criteria bo~k the ,~..~art~nt al.~o bound to enforce t~he p~c~isi~ of Zonir~ F~-solL~ci~n Z--50-~9 of the C~unt? Cc~.i~.~io~ ~t, ich s ~upersede~- t~he Z~ re~lution '-~h. ich prece~<~ it F,y cc~y of 'this letter I ~ for,-arding to J~e Her~!la the ~:a~e of ~n~ -~ sent ~ with ~ r~t ~mt he eider ~:e C~=~i~ or ~rify that he al~n:%~' h~ u~lc~ ~ ~ch ~nt aa a ~t ~rd for hi~ If %..~u l:n%~ ft~ther ,TaesC.fon~ in thi~ ~att~.' ple~e contact me. truly ORIGINAL: SIGNF-..D. B~ J. Ed ?all cc: Ktnn Price Joa,~-~in Avino 3ce ~'~lla DEC- 9 1S68 . "' ' ( December 2, 1968 ' ) By, , ~. ~.r~,~.~ ~.Buper~~reff of October 14, 1968 Development Criteria for Biscayne Village Prepared for: DONARL OF FLORIDA, INC. By: HALL AND GOODHUE Architects- City Planners 100 Bush Street San Francisco, California 94104 415 433 2525 380 Cannery Row Monterey, California 93940 408 375 9595 Zoning Regulations Int~'oduction The Tentative Master Plan of provides for the unified development of a tract over a square mile in area and includes a va- riety of land uses, The principal elements are a large recreational area Including golf courses and waterways, a wide spectrum of commercial uses, and high density high-and-low rise residential units totalling 23,300 family units, qualifies under the regulations for a large scale developer in the subdivision code. Sec. 28-19 (b) states: "The standards and requirements of these regulations may be modified by the Planning Adviso'ry Board in the case of a plan and program for a new town or complete community whl.ch, in the judgment of the Planning Advisory Board provides adequate public spaces and improvements for the circulation, recreation, light, air, and service needs of the tract when fully developed and populated, and which also provides such covenants or other legal provisions as will assure con- formity to and achieve the plan." These zoning re.gulatlons for each parcel on the Land Allocation Map of the Tentative Master Plan are intended to provide the covenants and other legal provisions required above. B. General Regulations 1. The Tentative Master Plan shall include a Land Allocation Map. 2. The Land Allocation Map shall show land use parcels including areas to be dedicated for public use. Regulations for each parce~l will be summarized on the map and detailed in this document. It also will act as a preliminary plat showing subdivision of the residential parcels into lots. Additional covenants or restrictions for each resid, ential lot will be summarized on the map and detailed in this document, Before development commences on a parcel, a final plat will be filed. $. -Site plan approval shall be required prior to any development on any of the lots. fi. Where this Plan imposes greater, restrictions than are imposed or required by other rules or rcqulahor~s or where this Plan imposes fewer restrictions or removes restrictions Imposed by other rules and regulations, the provisions of this Plan shall c~ontro[. 7. There shall be no development in or over the areas dedicated by this Plan for use as waterways other than those clearly accessory to its use as a waterway and only with tl~e approval of the Planning Department. 8. There shall be no development in the areas designated by this Plan as reserved for golf courses other than those clearly accessory to the recreational use as a golf course and only with the approval of the Planning Department (or Zoning Department). 9..The requirements for specific numbers of off-street parking spaces for various kinds of residential and commercial uses are not changed by these regulations, but other regulations for the required parking spaces are modified to require covered parking under some conditions. Any deck, not below another structure, which is used for parking · shall comply with the regulations for landscaping which apply to park- lng lots. General Use Classification Reeulations 1. Parcel AA shall retain its present classification for General Use, but it Is limited to open space recreational use only, specifically as a golf course with all the accessory uses necessary for its care, maintenanance, and-use as such, but excluding clubhouses which are provided for in another parcel with a different classification. 2. The water area ¢~t designated as Parcel ~l.~,, (~.r_i~:;~r~) shall retain its present classification for General Use (GU) but shall be limited to open space water use only. 3. The remaining lands contained in the Tentative yAaster plan shall be changed from Interim General Use to Residential or Business classi- fications or be dedicated to public use. Residential Use Classification Regulations 1. The basis for the residential use regulations in this plan is the RU-4A classification of the zoning code of Metropolitan Dade County. lqowever, for each parcel classified as Residential the RU-4A regula- tions have been modified, and fo/each parcel thcyare described in detail in this document, summarized in Table I and shown on the Land Allocation Map. 2. Maximum lot coverage is specified for each parcel. The remaining uncovered portion of each parcel shall be landscaped. E. Commercial (Business) Classification Regulationn 1. The basis for the commercial 'use regulations in this Plan is the BU-2, Special Business District, classification of the zoning code of Metropolitan Dade County. Each parcel, however has specific regulations which take precedence over those of the above classification. The regulations for each parcel are included here and also shown on the Land Allocation Map. They are summarized in Table 2. ZONING REGULATIONS FOR CENE[L\L PARCEL "AA" Pei:mlt~ed Uses: ?ri'ncipal: Interim ,GU Golf Course AccessorY: Only those necessary to use ond maintenance of a golf course. Minimum Lot Area: None 'Minimum Lot Frontage: I,;one Minimum Setbacks Front: 25 ft. Side: 20 £t2 Rear: '.. 25 ft. Interior: .. 20 ft. Minimum Distance between buildings: 0 ft. Maximur;q Height o£ BuildinGs: 35 ft. 33-5.7 and Sec. 33-58 do not Maximum Floor Area Ravin. None Parking Requirements: Sec. 33-124 shall apply. ZONING REGULATIONS FOR RESIDENTIAL PARCEL "B" Permitted U~es: Minimum Lot Area: Minimum Lot Width: . Minimum Lot Area per family unit: Maximum Lot Coverage First 3 Stories: Above 3 Stories: Minimum Setbacks First 3 Stories Front: 'Side: Rear: Interior:' ' Above 3 Stories. Front: - Side: Rear: Interior: . Minimum Distance to a building with facing windows: Maximum Height of Buildings Lot Bi IMaximum Floor Area Ratio: Pa'rking Requireraents: Those for RU-dA 250,000 sq. ft. · 175,000 .sq. ft. SO0 ft. for Lot BI for Lot B2 600 sq. ft~ ~ 75% 25% 25 ft. 20 ~t. 25 ft. 0 ft. '25 ft. 20 ft. 50 ft. SO ft. 100 ft. 21 Stories.or 210 ft. 6to 1 .]. ... .... .' ,.:., - ,": 1 1/4 spaces for each family unit ZONING REGUL.~TiONS FOR R '~ '"- , L~ID£~ zI,,L PARCEL Permitted U. ses: " lVlLntmum Lot Area: -. lVlinimum Lo: Width: - iMinimum Lot Area per family unit: )~iaximum Lot Coverage Pirst 3 Stories: Above 3-Stories: . · Minimum Setbacks' First 3 Stories Front: Side: 'Rear: Intqrior: Above 3 Stories Front: Side: ...... Rear: Interior: ... IvIinimum Distance to a building with .facing windo,.vs: Mdximum Height of Buildings Lot C1 oo o lvlaximum Floor Area Ratio:· Parking 'Requirements: Those for RU-4A 250,000 sq. ft. 1.009 ft'. 375 sq. ft. 90% 40% ... 25 ft. 20 ft. 0 ft. Oft. 25 ft. .20 ft'. 50. ft.. .50 ft. 100 ft. ~3 S{ories or 230 ft. 9 tol 1 1/4 spaces for each family unit ZONING REGULATIONS FOP, COMMERCJAL PARCEL "CC" ' Pe/mitted Uses: Principal: Marina Accessory: BU-2 Mlnimum Lot Area: 1S0,000 sq~ ft. IMlnimum Lot Frontag'e: Minimum Setbacks S_~de: Rear: Interior: Adjoining RU. use: %Vater: ]VHnimum Distance between buildings:. A4a>'~f~num Height of 'Buildings:. Maximum Floor Area Ratio: '500 ft. 20 ft.. 0 ft. 0 ft. 0 ft. .0 it2 0 ft. 35 ft. · .(Sec' 33-5.7 ~nd Sec. 33-56 do not apply) 3to 1- Parking Requirements: Sec. 33-124'shall apply, Permitted Uses: A41ntmum Lot Area: Minimum. Lo,~ Width: Minimum Lot Area per family unit: A4ax!mum.. Lot Coverag~ Fib:st 3 Stories: ' -Above 3.Stories: ' ]%{lnirnhm" Setbacks First 3 Stories F£ont: .Side: Rear: Interior: Above 3' Stories Front: Side: ' - ' . Rear: Interior: Minimum Distance to a building with facing windows: ~ "''-" Maximum Height of Buildings Lot D1 .2.. ' Lot D2 Maximum Floor Area Ratio ' Parking Requirements Those for RU-4A · ,300,000 sq. ft. ft. 375 sq. ~. 9O% 4O% 25 ft. 20 ft. 0 ft. 0 ft. 25 ft. 20 ft. - 50 ft. 50 fi. · 100 ft. 28. Stories or 280 ft. ,3i' 'Stories or 310 ft. 9to 1 ~ ]/~ spaces to each fa.m, ily unit ZONI~;G REGULATIONS ]'OR RESIDENTIAL PARCEL Permitte~] Uses: Mlnlmu,~l Lot Area: Minimum Lot Width: Minimum Lot ;,rea per family unit: Maximum Lo't .Coverage First 3 Stories: A.bove 3 Stories:.· Those for RU-4A Piers and Slips 300,000 sq. ft. 700 ft. ~I35 sq, ft. 75% '~ 25% · ' ' Minimum Setbacks· First 3 Stories Fr6nt: Side: Rear on.water: Interior: Above 3 Stories ~Front: Side: Rear on water: Interior: 25 ft. 20 ft. · 0 ft. 0 ft. 25 ft. 20 ft. .. 0 ..... 50 ft. Minimum Distan.ce to a · building with facing windows: 100 ft. - ' Maximum Height of Building Lot E1 .. Lot E2 Ma>:iraum Floor Area Ratio: Parking' Requirements: ' 27 Stories or 270 ft. 32 Stories or 320 ft. to.- each family unit ZONING REGULATIONS FOR RESIDENiIAL PARCELS Permitted Uses: ]Mtnlmum Lot Area: ]Minimum Lot ~;;idth: ]Minimum Lot Area per faraily unit: ]Maximur~ Lot' Coverage First 3 Stories: Above 3 Stories:' Minimum Setbacks First 3 Stories Front: Side: Rear on water: Interior: ' Above 3 Stories Rear on water: " Interior: ' l~llnimum Distance to a building with facing windows: RU-4A Piers and Slips, 300,000 iq. ft. ~00 435 sq. ft.' 75% 25% 25 ft. 20 ft. 0 ft. 0 It; 25 ft. ~0 ft.. 0 ft. ft. 100 ft. Houseboats Maximum Height of Buildin'gs: .._ Lot F1 .... 27 Lot F2 . ...... 27 ]Lot F3 ..... '- ... ........ ...? - 25 Lot F~I '""' ...... "" - 27 Lot F$ "..27 ]Maximum lC/eot Area Ratio Pa~king Requirements: - Stories or 270 ft. Stories or 270 ft. Stories or 250 ft. Stories or 270 ff. Stories or 270 It.' 8 to 1 .,..-.- .. .... 1 ]/4 .spaces per fam. ily unit ZONING REGULIiTIONS }'Oil RESIDENTIAL PARCEL "G" Permitted Uses: · Minimum Lot Area: ~{inimum Lot Wid:h: Minimum i. ot Area per family unit: Ma>:imum Lot Coverage 'First 3 Stories: Above 3 Stories: Minimum Se~c.~s Flrst 3 Stories. Front: .Side: Rear: .Interior: Above 3 Stories-' Front: " ~lde: Rear: lnierior: lMlnim~,m Distance to % building with facing windows: Maximum }{eight of Buildings Lot G 1 .. :. Lot G2 A{aximum F. ioor Area Ratio: Parking Requirements: RU-4A ' 320,000 sq. ft. $00 ft. 375 sq. ft. 90% 40% 25 ft. 20 ft. 0 ft. 0 ft... .25 ft. 20 ft.. 50 ft. 50 ft. 100 ft. :31 Stories ~r 310 ft. 28 Stories or 280 ft. ~ tol 1 1/4 spaces per family unit .. · ZONING P, EGULATIONS FOR RES-~DENt~iAL PARCEL "H" Permitted Uses: RU-4A }vI!nlmum Lot Area: A4Intmum Lot lVidth: 300,000 sq. $00 ft. ft. A~tnlmum Lot Area' per family unit: 435' sq. ft. ]:{aximum Lot Coverage First 3 Stories: Above 3 Stories: S0% 40% Minimum Setbacks First 3 Stories Front: Side: 'Rear: Interior:· %bra t er: : * 3%bove 3 Stories .... Fro n..t: ' Rear: ]nterior: ...... :: ........ %~ater ]Vlinimum Distance to a building with facing windows: Maximum Height of Buildings Lot HI' '' Lot H2 ' 25 20 25 0 25 '20 50 ._.~._20 ft. ft. ft. ft. ft. ft.' ft. ft. 100 ft. 28 Stories or 280 ft. 28 Stories or 280 ft. ']Maximum Floor Area Ratio ' '8 to 1 .......... '-""' Parking Requirements: ' ' ' 1 1/4 spaces per fhmilM unit ZONING REGUMtTIONS FOR RESIDL'NTIAL PARCEL 'K" Permitted Uses: ~lnimum Lo: Area: - Minimum Lot ¥¢idth: Minimum Lot Area per family unit: · Maximum Lot Coverage Fi'rst 3 Stories: Above 3 Stories: Minimum Setbacks First 3 Stories Front: Side: Rear: ]Interior: '%Vater: Above 3 Stories ' Front: Rear: Interior: %',re t er: )V.,inimum Dista'nca to a building with facing windows Lot K1 Lotg K2, K3, Kd Maximum Hei.-oht of Buildings Lot K1 Lot K2' Lot K3 Lot K4- Maximum Floor Area Parking Requirements: Ratio RU-4A Piers and Slips, }{~useboats 175,000 sq. ft. 200 ft.. '325 sq. ft. 90% See below 25 ft. 20 .ft. 25 ft. Oft. Oft. 25 "20 50 50 0 ft. ft. · ft. - ft. ft. 100 ft. 200 ft. 30 Storie~ or 300 ft. 36 Stories or 360 ft. 40 Stories or 400 ft. S0 Stories or 500 ft. Max. Above 20% 15% 15%, . 15% COV. 3 Stories 10 to 1 1 1/4 spaces per family unit · ' I ZONING REGULAT.rONS FOR R:-:SIDEN'J'iAL PARCEL "L;' 'Permitted U-~es: Mtnlmum Lot Area: Mlnimum l.ot 'v\ridth: Minimum Lot Area' p.er family unit: Ma×!mum Lot Coverage Pirst 3 Stories: Above 3 Stories: RU-4A Piers and Slips 250,000 sq. ft. .300 ft. 600 sq. ft. 90% · ' 25% Minimum Setbacks Pirst 3 Stories Front: 'Side: .. Rear: Interior: Above 3 Stories Front: . . Side: Rear: ' · Interior: 25 ft. 20 ft. 25 ft. 0 ft. ' ..... 20 ft.' '$0 ft. $0 ft.' A~inimum Distance to a building with facing windows: A~a'ximum Height of t~uildings Lot L1 Lot L2 ~la×imum Floor Area Ratio: Parking Requirements: 100 ft. 27 Stories or 270 ft. 27 Stories or 270 ft. 1 1/4 space'.per family u¢it ..- ZONING REGULATIONS FOR RESIDENTIAL PARCEL "M" Permitted Uses: RU-4A Minimum Lot Area: . 300,000 Minimum Lot Width: ,1,000 ft. Mlnlmum Lot Area per family unit: 375 sq. ft. Maximum Lot Coverage First 3 Stories: 90% Above 3 Stories: 40% · Seth s' Minimum ack · First 3 Stories Fron.t: Side: - Rear: . · Interior:' / 'Above 3 Stories" tFront: Side: Rear: 25 ft. · · ft. 0 ft. · . 25 it: 20 itt-- so .Minimum'Distance to'a building With facing windows: 100 ft. sq. ft. : Maximum H.eight of, Buildings Lot MI - Maximum Floor Area RatIoi Parking Requirements:' 27 Stories or 270 ft. 9to 1'. 1 1/4. ~paces per family unit ZONING REOU/~\TIONS FOR ,' ,'"~,~ ' ' · Permitted Mtnimurh Uses: Lot Area: Minimum Lot Frontage.. lvlinimum Setbacks F½ont:. Side: Rear: " Interior: Adjoining RU use:' A,iinimum Distance between buildings:' .Maximum Height of Buildings: Maximum Floor Area Ratio: ' Parking ReEuirements: Principal: Shopping Accessory:' BU-2 '- $00,p00. s~. ft. ~ 500 ft. Center 25 ft. 2O ft. 0 £t.' 0 ft.' 20 ft.. 0 ft. - I0 Stories or 100 ft. · (Sec. 33-57 and $3-58 do' not a'p~ly) 3to 1 S~b. 33-12~1 shall apply. ZONING' REGULATIONS FOR COMM'~RCIAL P~}~CE.L "O" Pe,"mi it ed Uses: Principal: /~cces sory: Office Building BU-2 Minimum. Lot Area:" M!nimum Lot Frontagg: 60,000 200 ft. sq.: ft. Minbnum Setbacks Fr6nt Side: Rear: In~erior: ~djoining RU use:' 25 ft. ~-0 fi. 0 ft, O ft: 20' ft. Minimum Distance between buildings: 0 ft. .. Maximum Height of Buildings: ~v~axlmum Fioo£ Area Ra~lo. 21 Stories o/~ 210 ft. · (Sec. 33-57 and Sec. 33-58 do not appl'~,) 5 to 1 ....... ..-.: ........ ',:' .... '": -- Pa r'.,;i ng Requirements: Sec. 3~-'12'4 shall apply. ZONING REGULATIONS'FOR COMMERCIAL PARCEL "P" Permitted Uses: Minimum Lot Area: 'Minimum Lot Frontage: Minimum Setbacks Front: - Side: Rear: Interior: Adjoining RU use: Minimum Distance . between buildings: M~ximum t~eigh~ of Buildings: Maximum. Floor Area Ratio: :"Parking Requirements: Principal: BU-2 100,000 sq. ft. 300 ft. 25 ft. 20 ft.. '0 ft. 0 ft. 20 0 ft. 1'0 Stories or lO0.ft. (Sec.. 33-57 and Sec'-'33-58 cro not apply) 3 'to 1 . Sec. 33-124 shall' apply. ZONING REGULATIONS }'O~ C' ' .... PARCEL "Q" Permitted U. ses: Minimum Lot Area: iMlnlmum Lot Frontage: Mlnirnum Setbacks l=ront:. Side: ........ Rear: Interio;-: Adjoining R6 use: Minimum Distance betv,'ean bu.ilgings: A{.aximum Height of Bml..,.ngs: A{aximum Floor Area Ratio: Parking Requirements: Principal:. BU-2 $0,~300 sq. ft. 300 ft; 25 ft.. 20 ft. 0 ft. '0 ft. 20 ft. 0 ft. 35 ft. (See... 33-57.. and 33-58 do not apply) . 3to 1 .......... . Sec.. 3~3-124 shall apply.. 'ZONING REGULATIONS FOR COMMERCIAL PARCEL "R" Permitted Uses~ BU-2 IMtnimum Lot Area: · ° ft. Minimum Lot Frontage': -' ]%4i~l~um Setbacks Pront: Side: -' :" I~terior: Adjoining RU use: ~vHn~mum Distance between buildings: ' leJaximum Height of Buildings: Maximum Floor Area Ratio:' . Parking Requirements: Princtpah 50,000 sq. 300 ft. 25 ft. 20 ft. 0 'ft.. 0 ft. 20 ft. 35 ,fi:'. .3tol ~eC. 33-5.7 ~nd Sec. 33-58 do not apply) 3~-124 shall apply. ZONING REGULATIONS FOR C'OMMERCIAL PARCEL "S". ' Permitted Uges:. J ' Minimum Lot Area: Minimum Lot Frontage: Minimum Setbacks }'r6nt: Side: Rear: Interior: Adjoining RU use: ]~/inimum Distance between buildings:' Maximum Height of Buildings: Ivlazimum Floor Area Ratib: Parking Requirements: Principal: Clubs Accessory: BU-2 100,000 ~sq. ft. 200 ft. 25 ft. 20 ft. O: ft. O. ft. .... None 0 ft.' '... 5 Stories or 50 ft. (Sec. 33-57 and 33-58 do not apply) Stol - Sec..33-124 shall apply.. ZONING REGULATIONS FOR. COevH...;~RCi^L PARCEL "T" · Permitted Uses: Minimum' Lot Area: Minimum Lot Frontage: Principal: Hotel & ,Convention Accessory: BU-2 Facilities 150,q00' 'sq.. ft. :' · ' 500 ft. " '. Minimum Setbacks ]~roht: Real': : !nterior: Wa t er: A'iinlmum Distance between buildings:' .25 ft. 20 ft..- 0ft. · . Oft. 0lt. 0 ft. Maximum }leight of Buildinc~s: Maximum Floo~ Area Rat/r;: Parking Requirem~nts: 21 Storieh or 210 ft. (Sec~ 33-57 and Sec. 33~58 do not apply) Stol - Sec. 33-124 shall apply. .'2 ZONING REGULATIONS FOR COk.?,,'['~-~,. ~ Permitted Uses:. Minim. un1 Lot Area: A'linImum Lot Frontage: -. ' ]VIIn~mum Setbacks Front: Side: Rear: Jnter~or:. 'Wa t er: IVHnSmu~n Distance' be[ween buildings: IMax~rnum Height of B. uildings: Maximum Floor Area Ratio: Parking Reou'kements: Prlnclpal: BU-2' .30,000 sq. ft. 200 ft. .. ' 20 ft. Oft. Oft.. 0 ft. 0 ft. 35 ft. 3to 1 33-57'and Sec. 33-58 do not apply) $ec~"33-124 shall apply. Ii. -. ZONING REGULATIONS FOR COMMERCIAL PARCEL "V" Permitted Uses: A41n~mum Lot Area: Minimum Lot 'Frontage: Minimum Setbacks Front: Side: Rear:' Interior: Minimum Dis'tance between buildings: lk~a>:imum Height of Buildings: Principal: ' 'B U- 2 25,000 sq. ft. 100 -~t. 25 f~. 20 £~, 0 ft, Oft, 0 ft. 35 ft. (Sec. 33-57:%and Sec. '33-58 Maximum' Floor Area Ratig: l~arkin~ Requirements: do not apply). 3. to 1 Sec, 33-124 shall apply, J ZONING RE~UL,~TIO~.o FOR' COMMERCIAL PARCEE "W" Permitted Uses: r'rlncipah Clubs Accasso~y: BU-2 h,~tnimum Lot Area: ]vHn!mum 'Lot Frontage: A{inimum Setbacks Front: Sidei Rear: . ~nterior: Yv'a ter: 25,000' sq. · 200 ft. 25 ft. 20 ft; 0 ft. .Oft. ........ Oft. ft. Mihimum Distance between buildings: Ma:~:imum Height of Buildings: Maximum Floor Area Ratio: Parking Requlremen~s: 0. ~'t. 35 · '3' to .Sqc. 33-57 bnd Sec. 33-58 do not a?ply) 1 : - 33'~-124 shall apply. P, ONING RJ;GUI-,~TIOh~$ FOR COMMi:RCIAL PARCEL "X"'* oo Permitted Uses.... Ivllnlmum Lot A~ea: Minimum Lot Frontage: Minimum Setbacks Side: Rear: Interior: Adjoining RU use: A4inimum Distance bebvcen buildings: Pr!nqlpal: 50,000 sq. 300 ft. 25 P. 0 ft. 0 ft. Oft.' 20 ft. 0 ft. BU- 2A ft. Maximum Height of Buildings: Maximum Floor Area Ratio: 35 (Sac. 33-57 and Sec. 33-58 3 to '1 Parking. Requirements: Sec. 33- 124 shall apply. -~ Supplement No~ 1 to Develop?ent'.Criteria for Biscayne Village April 15, 1969 ' do not apply) o ZONING Ri:CULATIONS FOR COMMERCIAL PARCEL "Y"' Permitted Uses: A41nlmum Lot Area: Minimum. Lo~ Frontage: ]vlinimum Setbacks Front: · Rear: - · [n[erior: Adjoining RU use: VCa t er: ]~in/mu m.. Distance betv,,een buildings:' A4a×imum Height of Buildings: Adaxlmum Floor Area Ratio: - Parking Requirements: Principal: $0,000 sq. 300 ~t. 25 ~. 20 ft. '0 ft. 20 0 ft. BU-2 ft. 0 ft. 35 ft. (Sec. 33-57 an'd Sec. 33-58 do'ri'or applg) 3 to 1 "" ': ............. ' ...... 'S~c. 33-~124 Shall apply. ZONING REGULATIONS FOR COMMERCIAL PARCEL "Z"* Permitted Uses: Prlnclpal: ' BU-2 l~.'llnimum Lot Area: . $0,000 .s.~l. it. l~ln!mum Lot Frontage: 300 ft. Mtnlmum Setbacks Front:' · Side: · . ..,..... Rear: ' -. Inter/or: Adjoining RU ~se: 25 ft. 20 St. Oft. 0 ft. 20 ft. ~vHnimum Distance betvCeen buildings: 0 it: Maximum Height of Buildings: · 35 ft. (Sec. 33-57 and Sec. 33758 Igfaximum"F]oor A.rea Ratio:' 3 to'l Parking Requirements: Sec. 33-124 shall apply. Supplemeut No; 1 to Development Criteria for Biscayne Village April 15, 1969 do not apply) L~-/~D: ALLO~AT,ION MAP · ', 3-52-42/87-836 RESOLUTION NO. 4-ZAB-29-88 The following resolution was offered by Mr. Kenneth Welt seconded by Mr. Levi A. Johnson and upon poll of members present, the vote was as follows: Thomas A. Conger absent Gonzalo (Guy) Sanchez absent Levi A. Johnson aye Murray Sisselman aye Joyce Masso absent Kenneth Welt aye Mary Jean Risi absent R. Jollivette Frazier ay~ Ms. Georgia A. Wright aye WHEREAS, DONALD SOFFEE AND BERNARD EEDLICH, TRUSTEES (1) SPECIAL EXCEPTION to permit site plan approval and the expansion of residential uses in the BU-2 zone; to wit: 223 additional hotel units and 79 villas. (2) MODIFICATION of plans approved pursuant to Resolution 4-ZAB-253-77 passed ~ad adopted by the Zoning Appeals Board on the 11th day of July, 1977, said plan identified as follows: FROM: "Aventura Country Club Additions" prepared by Robert M. Swedroe and dated 4-28-77. TO: "Renovations to The Turnberry Isle Country Club" as prepared by The Nichols Partnership consisting of 3 sheets dated 11-18-87. The purpose of the above request is to permit the submittal of a plan indicating 2 proposed 5-story hotels with a total of 223 units and 79 proposed villas and expansions to the existing clubhouse. (3) NON-USE VARIANCE OF PARKING REGULATIONS prohibiting parking within 25' of rights-of-way; to waive same to permit 39 spaces within 25 feet of West Country Club Drive. NON-USE VARIANCE OF ZONING REGULATIONS requiring accessory structures to be behind the principal buildings; to waive same to permit the proposed parking garage in front of the principal structures. (5) UNUSUAL USE to permit an entrance feature, to wit: two 7'6" x 12'6" identification signs at the entrance to the development from West Country Club Drive. (6) UNUSUAL USE to permit outdoor patio and table service at the proposed pool bar. (7) SPECIAL EXCEPTION to permit the proposed hotels with a height of 85'. (s) MODIFICATION of a portion of Condition ~2 of Resolution Z-50-69, passed and adopted by the Board of County Commissioners on the 2Oth day of February, 1969, only as it applies to the subject property, as follows: FROM: ZONING REGULATIONS FOR CO~5~ERCIAL PARCEL "S" Permitted Uses: Minimum Lot Area: Principal: Clubs Accessory: BU-2 1OO,OO0 sq. ft. Minimum Lot Frontage: 200 ft. Minimu~n Setbacks Front: 25 ft. Side: 20 ft. Rear: O ft. Interior: O ft. Adjoining RU use: None · 4-ZAB-29-88 Minimum Distance between buildings: Maximum Neight ~f Buildings: TO: Page T~o 3-52-42 O ft. 5 Stories or 85 ft. (Sec. 33-57 and 33-58 do not apply) Maximum Floor Area Ratio: 5 to 1 Parking Requirements: Sec. 33-124 shall apply, ZONING REGULATIONS FOR COMMERCIAL PARCEL "S" Permitted Uses: Minimum Lot Frontage: Minimum Setbacks Front: Side: Adjoining RU use: Minimum Distance between buildings: Maximum Height of Buildings: Maximum Floor Area Ratio: Parking Requirements: Principal: Clubs Accessory: BU-2 100,OO0 sq. ft. 200 ft. 25 ft. 20 ft. O ft. 0 ft. None Oft. 5 Stories or 85 ft. (Sec. 33-57 and 33-58 do not apply) 5 to 1 Sec. 33-124 shall apply. The purpose of the above request is to permit the proposed hotels with a height greater than allowed by Code and the Criteria Book. The abovementioned plans are on file and may be examined in the Zoning Department. Plans may be modified at public hearing. SUBJECT PROPERTY: TRACT B, Biscayne Yacht and Country Club, 5th Addition, Plat Book 89, Page 50. LOCATION: ~9999 W. Country Club Drive, Dade County, Florida, and A-Z~B-29-88 Page Three 3-52-42 WHEREAS, a public hearing of the Metropolitan Dade County Zoning Appeals Board was adv~rtised and held, as required by law, and all interested parties concerned in the matter were heard, and WHEREAS, upon due and proper consideration having been given to the matter it is the opinion of the Board that the requested Special exceptions, modification of plans approved pursuant to Resolution 4-ZAB-253-77, non-use variances of parking regulations and zoning regulations, unusual uses, and modification of portion of Condition ~2 of Resolution Z-50-69, would be in harmony with the general purpose and intent of the regulations, would be compatible with the area and its development and would conform with the requirements and intent of the Zoning Procedure Ordinance; ROW THEREFORE BE IT RESOLVED by the Metropolitan Dade County Zoning Appeals Board, that the requested special exceptions, modificatioms, non-use variances of parking regulations and zoning regulations, unusual uses be and the same are hereby approved, subject to the following conditions: 1. That a plot use plan be submitted to and meet with the approval of the Zoning Director; said plan to include among other things but not be limited thereto, location of building or buildings, type and location of walls, landscaping, etc. 2. That in the approval of the plan, the same be substantially in The Turnberry Isle Country Club" as prepared by The Nichols Partnership consisting of 3 sheets dated 11-18-87. 3. That the applicant submit to the Planning Department for its review and and size prior to the issuance of a building permit and to be installed That the use be established and maintained in accordance with the approved plan. That the dedication of rights-of-way shall be made in accordance with Sec. 33-133 of the Code of Metropolitan Dade County unless the Director of Public Works deems such are not necessary or requires a lesser amount. Improvements shall be made of such rights-of-way in order to comply with and in accordance with the requirements of the manual of Public Works construction, as may be deemed lacking, desirable and necessary by the Public Works Director. That the applicant comply with all conditions and requirements of the Department of Environmental Resources Management. upon the maps and records of the Dade County Building and Zoning Department and to issue all permits in accordance with the terms and conditions of this resolution. PASSED AND ADOPTED this 27th day of JANUARY, 1988. Rearing No. 88-1-31 Typed 2/10/88 cJ STATE OF FLORIDA ) COUNTT OF DADE ) above and foresoing ~s ~zue and coffee= copy of Resolu:ion adopted ~y sa~d ZoningApl~als Board at ~ts meet~n~ held on --/~. Ra.fael Rodon, 'Ex-O~.c~.o Secretary ~crbpo1~an Dada ~ouncy Zo~ Ap~s Board SPeCiAL ~X~Bt~EIO~ to pm~mit ~emidentiml ~e In ~e ~l~m ~ne. S~ ~X~ to ~t ~it~ie f~Xy ~ent ~m~ m~t~t ~X~l~s vl~ 17 (4 ~tt~) st~z~ v~ ~ set~ r~lz~n~ to ~r~t ~ of t~ pr~o~d b~ld/~s to se~a 32'6' (49' z~ired) ~ ~ (~st) pro~rty (~t~a ~.); VARXA~ ~ ~ot ~e z~ntm to~mit_~S.7~ (4~ S~ ~O~TY~ Pa=~lm I a~ 2 - ~wo ~r~e~s Of XB~ of vhl~ Parcel ~X l~e~ in ~e ~ o~ ~on 3, ~p. 52 S~th, ~e 42 ~st and ~t~m i~o ~e ~ of ~ioa 34, ~p. 42 East an8 ~r~l ~k lies la ~e ~ of ~id ~ 3, and ~e said ~ion 32~ ~e~e N~ 87° 54' 59" ~m~ aXo~ N~th 87° 19' 28' ~st f~ 266.~'I ~ N. 2° 40' 32~ West f~ 830.00' to a p~nt of euratom to a ~ ~at ~; ~en~ along ~ ~c of amid ~ ~vi~ a said point lyi~ ~ ~e S/ly right-o~uay line of as sh~n on t~ plat of BXo~e Ya~t a~ County carded in PB 89 at Page ~; ~en~ &XO~ ~ ~id ~Xy right-Of-~ X~ne f~ ~e foZX~ng ~e~t~ two (2) co~s~; (X) ~e~ S. 82° 36* 4X" w~ fo~ XX6.XS' ~o a ~n~ of ~=e ~ Xs ~vo ~ ~e ~ (2)~ aXo~ ~e ~ us of 37~.72' a~ a ~u~aX a~Xe 4~.16' to ~e ~i~ of ~Xn~ maid ~r~ ~e ox leal. ~e~ P~l ~2 at ~o maid ~ 34l ~ ~o~ ~o 54' 58' ~ al~ said S~th 34 ~ 232.10'; ~co S~ 2~ ~* 32~ ha~ f~ 3~.95' ~ J2; M ~ ~o 19' 28" hl~ ILO~ ~ S/Xy ~m~ ~ d~lca~%on o~ rlghts-o~-~a~ s~%X ~ ~de wl~ ,;~='tion 33-~33 of the C~e of ~oXlten ~de cowry unX~ss the Dlr~tor of ~lic Works d~ ~u~ are ~ot of-~ay in ord~ to c~ly Ml~ an~ in accordance ~ith ~e r~u~r~ STATE OF FLORIDA ) ) SS: COUNTY OF DADE) I, R. Fo COOK, Director of the Metropolitan Dade County Building and Zoning Department, and Ex-Officio Secretary of the Metropolitan Dade County Zoning Appeals Board, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of Resolution Ho~ reflecting action taken on this matter by the Zoning Appeals Board at its meeting held on ~Y ~1 , , 19 T2 IN WITNESS WHBR~OF, I have hereunto set my hand and seal on this R. F. COOK, Ex-Officio Secretary Metropolitan Dade County Zoning Appeals Board, Dade County~ Florida S~AL Xtem ~o. T1-673 The follo~in~ re~olutlon Iren~ ~'au~no, ~il.t'red. o Borroto &Me Frank p. ~atanin nye Irene ~,.~ aye Betty S. Page absent t~6S, Dor~rl of Florida, ~ne. ham a~plie~ for ~he followi~: TO D~FY the portion of ~esolution ~-ZA~-156-71 ~sse~ and adopte~ by the ~etropolitan ~e Co~ty Zon~ ~ ~ on t~ ~h ~y of April, 1~1. ~: '~t ~ t~ appel of ~ p~, t~ ~ be s~s~t~ in ~eo~e ~h t~t s~tt~ ~r ~ ~ri~ ~ ~ by C~ ClX" ~ ~t~ ~ber 8, 1~0.' '~t ~ the appel of t~ p~ t~ ~ Be ~t~ ~ mcco~e ~th ~lmt ~tt~ f~ t~ h~ ~ p~ by Pus-pose of the request ia to~ A~ three floors to the existing 2 story motel an~ to incree~e the number of units from its present ~O units to proposed 80 units. A~d 7000 sq. ft. to the existing locker roo~ o~ the £1ret f~oor of the existl~ motel, to include ~4tional toilet facilities and iimi~ ~o ~illi~z~u~, pll~ l~ng and indoeer shv~fleboard. VAIU~CE of pmrkin~ requirements to pexxmit ~1 (5~ ~qul~) ~rk~ s~es (~ p~i~ a~ plus ~0 ~ui~ for 40 ~lti~l ~ts, 35 for naa~%i~l 7~ sq. ~. ~r ~ ~i~tia~ ~ ~ for ~i~l~ t~,fs ~). ALL 0~: A parcel of l~nd lying partially in the _S~ of Section 3, Township 51 South, P~nge 42 ~st and extending in~o the ~W~ of Sec. 3-52-42, lying also in Blk. 15, ~ccording to the pl~t of He,la,dale, (PB B', Pg. 13), and in Tract 2~, according to the pl-t of Lmur~-~- (P~ 76, Pg- 31, Sheet 4), and in Tracts 2 a~i 3, according tO the pl~t of North Biscayne Acrna (PB ~0, Pg. 99), all in the Public Records of De,lc ~ounty~ more particu2mrly described as follows: Commence at the S~ corner of ~ Sec. 34; th. ru~ S. 37° 54' 58" W- along the S. line of said See. ~, 20~9.17' to a point that is 6~.12' from the ~. ~ corner of said See. 3, ~aid point being the 14~ of said l~rcel; th. run N. 2° ~' ~2" W, 470-25'$ th. run N. 89° 19' 28' E., 74-76 ; th. ran N. cO° 40' ~7' E. 91.~8' to a point of curvature to a cur~e concave to the SW; th. run along the arc of said curve, having for its elements a mdiu~ of 120.00' and a csatral ~ of 171° 08' 57", for 358.45' to a ~oint on amid curve; th. run ~. g9° o~. 0~" ~., oo~.6~, to a point of hevin~ for its elements a r~ium Df 400.00' ~ a centrel an~le of 67° ~' 23" for 471.75' to a poin~ of tangene¥; th. r~n 5. 1° ~7' 41" E., 197.46'; th. run S. 50° 38' 09" W., ~]~.~3' t~ a point on a curve that ia concave to the ~., maid point bearing E. 72° 28' 08" E. f~om the center of amid curve; th. r~u along the nrc of said curve having for its elements a x~dius of 1~O.00' ~nd & central a~ of 150° 1~' ~" for ~1~.6~' to a point of t~n~ency; th. run S. 12° 14' 25~' W. 11~.01' to m point of curvature to a curve concave to the 1~4; th. run alon~ the arc of s~id curve having for its elements a r~diufl of 170.00' &nd ~ central mngle of 75° 05' 03" for ~22.78' to a point on said curve; th. run N. 2° 40' ~" W~ 685.2~'to the POE. From theo. NE 31 A-~e. to theo. NE ~2 Ave., betueeen thao. NE 1~7 St. and theo. NE ~01 Bt., !~4e County, Florl~, and W~EA~, an inspection of the sub,eot property we~ ma~e an~ a ~Abl~c he, ring of the ~etropolitan Dade Oounty Z~aing Appeml~ Beard ~ ~i~ ~ ~, c~ti~ with the ~ ~ ira ~t ~ ~ eo~o~ ~th t~ ~- ~ ~ ~ la h~by mpp~. ~ Zm~ ~tor io h~eby ~ ~ ~w. the n~ea~ ~ti~ ~ t~ ~pa a~ r~o~ of the ~ C~ty ~ ~ Z~ ~-~t. S~AT~ OF FLOR~A ) ) CCU~TY OF DADE ) I, R. F. COOK, Director of the Metropolitan Dade County Building and Zoning Department, ar~ Ex-Officio Secretary of the Metropolitan Dmde County Zoning Appeals Board, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of Resolution No. ~-~A~-~ , ~dopte~ by sai~ Zoning Appeals Board at its meeting he1~ on ~ 13 , 19 ~ . IN WITNESS WHEREOF, I have hereunto set my hand ami se~l on this day of , A.D., 19 72 R. F. COOK, Ex-Officio Secretary Metropolitan Dmde County Zoning Appeals SEAL ~. ~a~dy ~t~e~em aye EDWARD O. PHELAN STATE OF FLORIDA ) ) SS: COUNTY OF DADE ) I, E. B. LEATHERMAN, Clerk of the Circuit Court in and for Dade County, FIorida, and Ex-Officio Clerk of the Board of County Commissioners of said County, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of Resolution No. T~.~-'F& , adopted by the said Board of County Commis- sioners at its meeting held on ~ I~I~ , 19 ~ . IN WITNESS WHEREOF, I have hereunto set my hand and official seal on this ~ day of ~ , A.D. 19 ~ E. B. LEATHERMAN, Ex-Officio Clerk Board of County Commissioners Dade County, Florida By ~ ~//~ Deputy Clerk SEAL Board of County Commissioners Dade County, Florida uo. 11) EDWARD D. PHELAN STATE OF FLORIDA ) ) SS: COUNTY OF DADE ) I, E~ B. LEATHERMAN, Clerk of the Circuit Court in and for Dado County, Florida, and Ex-Officlo Clerk ef the Board of County Commissioners of said County, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of Resolution No. Z-_'i,?.-'p-. , adopted by the sald Board of County Commis- sioners at its meeting held on ~ ~ 19 ~1.~ IN WITNESS WHEREOF, I have hereunto set my hand and official seal on this ~ day of ~b.~t~.~y. , A. D. 19 ~1 E. B. LEATHERMAN, Ex-Officio Clerk Board of County Commissioners Dado County, Florida Deputy Clerk SEAL Board of County Commissioners Dade County, Florida seconde~ by ~mmLos~ouer ~m f~hapard~ ~Gd upon poll of members pre.eno, the Fmrl Jo ~rroll ahseur. Arthur lt. Paten, Jr. A dls~r~c ~y c~e ~ ~ (~al~ Villas a~ S~L ~E~X~: ~ ~t a ~It~p~ ~ly apar~t developer All ac~l~ co ~ ~1~ ~l~c plau o~ ~L~a~ V~llage, N~a~. FI~, ' dac~ A~ll ~, 1969, ~ ro~ ~a~a~ ~ 1970 ~TX~: Fr~ Biaca~ BI~. to ~ ~Yl b~n H.E. 191st ~n ii~n ~ ~ ~Cter. ~ ~-~ Ap~ls ~ ~a ot c~ option ~, s 15~y ~C~ce o~ ~ ~ ~ p~ of ~ mt~ Board uss lmbliflmd as requited by ~he Zon~ Frocedure Ordinance, and purmmut co Sactton 33-315 o~ rim ~iacropoliCan Code of D~de C~mCy, FLorida Chis Board ~ ~ p~r ~l~ratl~ ~vl~ ~n lt~n co ~ ~t~r~ it a~ara ~ 1. ~icat~u o~ r~ts-of-~y mo ~ ~ ~ ~ckl~, deet~bte, ED'~V~,RD D. PFIELAN IFf: bad 41617o 6/81M STATE OF FLORIDA ) ) SS: COUNTY OF DADE ) I, E, B LEATHERMAN, Clerk of the Circuit Court in and for Dade County, Florida, and Ex-Officio Clerk of the Board of County Commissioners of said County, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of Resolution No. Z-]-i.~70 , adopted by the said Board of County Commis- sioners at its meeting held on _ I~r ~. . 19 'fO. IN WITNESS WHEREOF, I have hereunto set my hand and official seal on this lt~.h day of ~ , A. D. 19 'fO E. B. LEATHERMAN, Ex-Officio Clerk Board of County Commissioners Dade County, Florida Deputy Clerk SEAL Board of County Commissioners Dade County, Florida 2/3-52-42/II-65- 66--54-55/68-722 P~ESOLUTION NO. Z-50-69 The following resolution was offered by Commissioner Earl J. Carroll , seconded by Commissione~ Ben Shepard , and upon poll of'members pre- sent, the vote was as .follows: Earl J. Carroll aye Alexander S. Gordon aye Harold A. Greene absent R. Hardy ~theson aye Thomas D. O'i,~lley aye Arthur H. Patten, Jr. absent Ben Shepard aye Earl M. Starnes aye Chuck Hall aye WHEREAS, Donarl of Florida, Inc., had applied for the followin A district boundary change from AU (Agricultural), GU (Interim), RU-2 (Two Faaily Residential)/ RU-3 (Four Unit Apartment) and BU-3 Liberal Business) to BU-2 (Special Business) and RU-4A (Bungalow Villa), and i SPECIAL EXCEPTION to permit a multiple family apartment develop- meet in connection with the a~0r_ement~o_n_e_d SU-4~._r_equ~st;. SUBJECT PROPERTY: A Tract of land lying in the follo~ing Sec: Sec~ 34 Twp. 51 S, Rge. 42E, also Sec, 2 & 3: 5~p. 52S~ Rgo. 42 E, the same being mere particularly described as follo%,;s: Begin at the SE corner of the ~.: of said Sec. 3; th. run on a true grid bearing S, 87° 35~ 46" along the S, 1.~e of the said 87° U. ~,long the So ~.~, 2644~3~ to the ~ corner of said N~4; tho run S, 32~ 36" line of ~H~.-4 of said Sec. 3~ the s~ beS~g the S,. line of Tract 25, according to the plat of Lauran~a, as recor~ed in (PB 76, Pge~ 31), Sheet 4, for a &istance of 66~.87~ to a point; th. run N. 2° 581 20" ~';, along the boundary of said Tract' 25, 659.87~ to a point; thence ~un N~ 87° 31' 24" E, along s~Id boundary of Tract 25~ fo~ 2~'~ '~o a ~oin~ th~ run N. 2~ 58~ 20~, W. alon~ said bo~,do~y of tract ,.25~ 3,5.4.94' to a point; th. r~ S. ~7e 30' 48" ~. ~long said bosndary o£ Tract 25~ .~ to a point; t~ r-~n N. 2o 53~ 34" U. along said bo~ndany of Tract 25, 139o92' to a points %ho r~u S. 87° 30~ 28" IlY~ ~o~ s~id b~m~Lury of tract 25, 108.64~ to a point; th. r~u,. N~ 2° 4~~ 34" W. along said bo~l~¥ of Tract 25,~104~77' to s point of curvatsme of a curve concave to the ~; th. run along the ~ro of said unrve hav- ing fox- its elements a radius of 25' ~nd a tenth, al an~le of ~O° 19~ 46", for a distsnce of 3~.41~ to a po~t of t~ngenc¥; tho run N, 87° 30~ 12" E. along said boundary of Tract 25, 641.45~ to a point~ th. run N. 2° 581 20" ~f. along said boun¢~ry of Tract 2~, 427,87' to a po.~t; th. ro~ S. 87° 29~ 32" ~'L along said bo~tndary of Tract 25, 457.67' to a point; t~h. r~u N° 2°o5~! 02" ~.';. ~long ss~d bound~-y of LTract 25, 158.89' to a point; tn. r~tu S. 87 29~ 12~' W. 'along said boundary of Tract 25, 49.~6' to a point; th. run N. 2° 5o4' 0~' ~Y. along said boand, ary of Tract 25, 158.89' to a po~t; th. run N. 8~ 28' '51" E. along s~id boundary of Tract 25, 299.78' to s point; th~ r~n S. 2° 53~ 50~ E. alon~ said bom~dsry of Tract 25, 158.~1' to a polar' th. run N. 87° 29' 12' E. along said bound?fy of Tract 25, 49.9o' to a point; th. r~n N. 2° ~3' 47" E. along said bouncary of Tract 25, 158.921 to a point; th. run N. 87~ 28' 51'~. along s~id b~undary of Tract 2~. 797o17~ to s point on the E. line of the ~ of ssid Sec. 3; th. run N. 8~° 49' 58' ~. along said boundary of Tract 25, 532.91' to a point~ ~ho run S. 3 02' 30" E. along said boundary of Tract 25, 158.80' to a point; th. run N. 8~° 48' 40" E° along said. boundamy of Tract 25, 107.101 to a point; th. run S. 3~ OO~ 33" E. along said boundary of Tract 25, 208.771 to a point; th. run N. 87° 4?' 25" 'E. along said boundary of Tract 25, 50.00' ~o a point; th. run N. 3° 00~ 33~, ~J. along said boundary of Tract 25 end the b0m~dary o? Tr~c~ 24 of said Plat of Lauranna, 417.50' to a point; th. run S. 87° 49' 56" U. ~ton£ said boundary of Tract 24~ 690.21' to a point on the }% line of ~' of said Sec, 3; th. run S. 87° 28~ 51" U. slong Said boundtry of Tract 2~ 1279.24~ ~o a polar, cf Curvatttre of a curve concave to the ~; th. run along the arc of said cavy% for its elements ~ radius of 251 end a central angle of 89° 41' 35", f,or a d~stance of 39.14' to a point of tangency; th. run N, 2° 49' 34" U. along said. oou~ds~.~ Tract 24, 685.61' to a point on tbs No line of said Scc. 3; th. run S. 87 27' 2~" ~. along the N. line of said Sec. 3, 50.00' to the i~ corner of Tract 23~ o~~ s~td Plst of Laurmm~; th. run S. 2° 49' 34" Eo alon~ the E. 1~o o£ said Trsc~ 23, 317.60' to a point of curvature of a cux~e concave to tbs NU; th, run alang the arc of said curve, ha~Lug for i~s elements a radius o£ 25~ ~ud ~ centre. Donarl Of Florida, Inc. Item 34/35-51-42 2/3-52-42 WHEREAS, a public hearing of the Metropolitan Dade County Appeals Board was advertised and held as required by law,' lnd all interested parties concerned in the matter were heard, a'nd the Zoning Appeals Board was of the opinion that the requested dis- trict boundary changes would be compatible with.the neighborhood and area .concerned and would not be in conflict with the principles and intent of the plan for the development of Dsde County, Florida, and that the requested special exception would be compatible with the area and its development and would conform with the require- ments and intent of the Zoning Procedure Ordinance and, therefore recommended approval of the district boundary changes and approved the special exception, subject to conditions, and ~HEREAS, a 15-day notice of the time and place of the meeting of this Board was published as required by the Zoning Procedure Or- dinance, and pursuant to Section 33-315 of the Metropolitan Code ~f Dade County, Florida, this. Board took jurisdiction of the entire application, and after having given an opportunity for interested to be heard, and after reviewing the entire matter, and due and proper consideration having been given to the matter, it appears to this Board that the requested district boundary changes and special exception would be compatible with the neigh- borhood and area concerned and would not be in conflict,with the principles and intent of the plan for the development of Dade County, Florida, and should be approved with the conditions as specified by the Zoning Appeals Board; N~ THEREFORE BE IT RESOLVED by the Board of County Com- issioners, Dade County, Florida, that the requested district boun- dary change to BU-2 be and the same is hereby approved, subject to the following conditions: 1. That a plot use plan be submitted to and meet with the approval of the Zoning Director; said plan to include a~ong other thing~ but be not limited thereto, locatioW of building or buildings, type and location of signs, light standards, parking areas, exits and entrances, drainage, walls, fences, landscaping, etc. 3 ~onarl of F1Dr'?~a, Inc. 34/35-51-42 ~ ' ' ' "~ 2/3.52-42 2. That the use be established and ma inta ed in accordance with the approved plan., and that the requested district boundary change to RU-4A be and thc same is hereby approved (both of these approvals according to plan as specified in Condition No. 2 under Special Excepti6n approval) and said property is hereby zoned accordingly; BE IT FURTHER RESOLVED that the requested special exception for multiple family apartment development be and the same is hereb] approved subject to the following conditions: 1.. That a plot use plan be submitted to aud meet ~ith the approvnl of the Zoning Director; said plan to incl%~e a~ong other things but be not limited the~to, t~e, height and location of st~cture~, densi~y of occu~ncy for proposed a~zents, offstreet p~rki~ areas, t~e and location of signs~ ~odscaping, d~inage, ing~ss and egress drives, etc. . 2~ ~t In the approval of the plan, th~ seine be substantial~ in ~cco~mce with that subnittcd for the h~aring entitled~ "Prel~ln~v Development Plan of Biscayne Vlt~ge, ~l!~7~i, Florl~", revised dated Hove~ber ~9, 1~8, with the .... ~ suDplenent submitted there~.lth entitle, "L~velo~c~ent Criteric for Blscayso Villas.. , pre.red by }hll & Go.hue, Architect-City P/am:ers, for Dor~rl of Florins, Inc., ~t~ D~c~ber Z, 1~8. ~. T~t the develol~ent shall be established ~u~. ~a%in~ed in accordo, nce ?~ith the approvcd p~n. the I~rector of }klildln~ and ~ ' · ~ and their successors in title. · ~ 'i~o~a'rl'bf Flor~.,a, Inc. 34/35-51-42 I' ii ' ~ 2/3-52-42 10. That said use be subject to and meet with the approval of the Directors of the Public Works Department and Traffic and ~ Transportation Department. · .- 11. That the plot use plan be reviewed by the various County DE- partments during the development stage and prior to the issuance of any building permits for any of the ~racts. The Zoning Director is hereby directed to make the necessary changes and notations upon the maps and records of the Dade County Building and Zoning Department and to issue all permits in accor- dance with the terms and conditions of this resolution. PASSED AND ADOPTED this 20th day of February, 1969. He~rd 1-13-69 No. 69-1-4 vp DADE COUNTy, FLORIDA, BY ITS BOARD OF COUNTY CO~ISSIONERS E. B. LEATHERMAN, CLERK By EDWARD O. PHELAN Deputy Clerk STATE OF FLORIDA ) ) SS: COUNTY OF DADE ) I, E~ B~ LEATHERIdAN, Clerk of the Circuit Court in and for Dade County, Florida, and Ex-Officio Clerk of the Board of County Commissioners of said County, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of Resolution No. ~'-.~ , adopted by the said Board of County Commis- sioners at its meeting held on l~h~ I~ , 19 ~. this IN WITNESS WHEREOF, I have hereunto set my hand and official seal on ?*e, ll day of ~ , A. D. 19 ~ E. B. LEATHERMAN, Ex-Officio Clerk Board of County Commissioners Dade County, Florida Deputy Clerk SEAL Board of County Commissioners Dade County, Florida ZONING § 33-311 (2) (3) For applications, other than for Develop- ment of Regional Impact, required to be reviewed by the Development Impact Com- mittee; for district boundary changes, use variances, special exceptions, or unusual uses unless the foregoing are specifically itemized in subsection (d)(3); for any mod- ification of a covenant accepted or condi- tion imposed in connection with a prior d/strict boundary change or use variance; but this subsection shall not apply to resi- dential uses of less than five (5) units, one-half (V2) mile; For district boundary change involving a change of prefhx within BU (Business) or IU (Industrial) and use variance involving such a use prefix change; for unusual use for outdoor patio dining, outdoor display, adult congregate living facility, day nurs- ery. convalescent home, day camp, home for the aged, institution for the handicapped, kindergarten, nursing home, retirement vil- lage, entrance feature, mobile home as watchman's quarters, bathing beach; for special exception for resubdividing/refac- lng of platted lots. servant's quarters in RU-1 d/strict, convalescent home, eleemo- synary and philanthropic inst/tution in RU-4 districts, barn (spacing from residences) in AU district, dude ranch in AU district, temporary farm labor housing in AU dis- trict; and for all other applications for Lng action not specified in subsections (dX1), (2), and (3), five hundred (500) feet. Such notice shall also be mailed to the presi- dent of any homeowners association having any member who resides within the area of mailed notice described above when such residency is shown upon a current updated notice flied with the director. The Director shall establish and maintain a process by which homeowners asso- ciations may provide notice of the areas in which their members reside. Homeowners as- sociations shall keep these notices current by updating them in accordance with procedures to be prescribed by the Director. (e) The person or persons responsible for pro- viding the notices provided in subsection (c) above shall attach to the application file a sworn affida- vit or affidavits setting forth that they have complied with said subsection. Failure to provide the newspaper notices as provided, or failure to mail the written notices as provided, or failure to post the property as provided renders voidable any hearing held on the application. (fl The Director shall have the discretion to expand any of the notice provisions contained in this section to provide more information if deemed appropriate. (g) If the notices described in subsection (c)(1) above are published, and the affidavits required by subsections (a) and (d) above are of record,mo judicial proceeding to void a hearing shaill be commenced after the time for appeal from a resolution of an administrative or quas{judicial tribunal as provided in the Florida Rules of Ap- pellate Procedures. (Ord. No. 60-14, 4-19-60; Ord. No. 61-30, § 1, 6-27-61; Ord. No. 64-30, § 1, 7-21-64; Ord. No. 64-65, § 3, 12-15-64; Ord. No. 74-20, § 3, 4-3-74; Ord. No. 74-40, § 2, 6-4-74; Ord. No. 75-47, § 4, 6-18-75; Ord. No. 87-29, § 1, 5-19-87; Ord. No. 89-129, § 1, 12-19-89; Ord. No. 94-200, § 1, 11-1- 94: Ord. No. 95-26, § 1, 2-7-95; Ord. No. 95-180, § 1, 10-5-95; Ord. No. 95-215, § 1, 12-5-95) Sec. 33-311. ZoningAppeals Board--Author- ity and duties. Except as otherwise piovided by this chapter, the Zoning Appeals Board and Board of County Commissioners shall have the authority and duty to consider and act upon applications, as herein- afier set forth, after first considering the written recommendations thereon of the Director and the Zoning Official, and such Board is advised that the purpose of zoning and regulations is to pro- vide a comprehensive plan and design to lessen the congestion in the highways; to secure safety from fire, panic and other dangers, to promote health, safety, morals, convenience and the gent eral welfare; to provide adequate light and air; to prevent the overcrowding of land and water; to avoid undue concentration of population; to facil- itate the adequate pro~fsions of transportation, water, sewerage, schools, parks and other public requirements, with the view of !~dving reasonable consideration among other things to the character § 33.31'1. DADE COUNTY CODE of the district or area and its peculiar suitability for particular uses and with a view to conserving the value of buildings and property and encour- aging the most appropriate use of land and water throughout the County. The Zoning Appeals Board and Board of County Commissioners or any of them members may inspect the premises and area under consideration. (a) Minimumsquarefootagerequirements. Hear and grant or deny applications to increase . or decrease the minimum square footage requirements for building in a particular area, provided, it finds that the increase or decrease would be comparable with that required for the area or surrounding area or that established by improvements in the area or surrounding area. (b) Changes in zoning regulations. Hear and recommend for approval or denial applica- lions for changes in the regulations. (c) Appeal of administrative decisions. (1) Upon application for, hear and decide appeals where it is alleged there is an error in any order, requirement, deci- sion or determination made by an ad- ministrative official in the interpreta- lion of any portion of the regulations, or of any final decision adopted by resolution. - (2) Pursuant to the provisions of Section 33-36.1 and Section 33-202.3(q)(2), anY aggrieved property owner in the area may appeal the decision of the Director to the Zoning Appeals Board within fifteen (15) days after the Director's decision is published in a newspaper of general circulation. An aggrieved ap- plicant must file a new application with the Dade County Zoning Appeals Board pursuant to the provisions of this chapter and must comply fully with the requirements of Section 33- 3 ! l(e)"Variances from Other Than Air- port Regulations". /(d) Special exceptions, unusual and new uses. Hear application for and grant or deny special exceptions; that is, those exceptions permitted by the regulations only upon approval after public hearing, new uses and unusual uses which by the regulations are only permitted upon approval after public hearing; provided the applied for exception or use, including exception for site or plot plan approval, in the opinion of the Zoning Board, would not have an unfa- vorable effect on the economy of Dade County, Florida, would not generate or re- suit in excessive noise or traffic, cause undue or excessive burden on public facili- ties, including water, sewer, solid waste disposal, recreation, transportation, streets, roads, highways or other such facilities which have been constructed or which are planned and budgeted for construction, are accessible by private or public roads, streets or highways, tend to create a fire or other equally or greater dangerous hazards,~ or provoke excessive overcrowding or concen- tratian of people or population, when con- sidering the necessity for and reasonable- ness of such applied for exception or use in relation to the present and future develop- ment of the area concerned and the com- patibility of the applied for exception or use with such area and its development. For purposes of public hearing, a site plan shall be considered one special exception, and upon approval of a site plan by the Zoning Appeals Board and/ar the Board of County Commissioners, all non-u'se variances in- corporated within and reflected upon the site plan shall be considered a part thereof, and official approval of the site plan shall constitute approval of all such non-use vari- ances, unless otherwise so moved by the approving board. (e) (1) Use variances from other than airport regulations. Upon appeal or direct ap- plication in specific cases to hear and grant applications for use variances from the terms of the zoning regula- tions as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions thereof will result in unnec- essary hardship, and so the spirit of the regulations shall be observed and substantial justice done; provided, that Supp No 16 5436 ZONING § 33-311 the use variance will be in harmony 'with the general purpose and intent of the regulation, and that the same is the minimum use variance that will permit the reasonable use of the prem- ises; and further provided, no variance from any airport zoning regulation shall be granted under th~s subsection; pro- vided, however, no use variance shall be granted permitting a BU or IU use in any residential, AU or GU District, unless the premises immediately abuts a BU or IU District. A"use variance" is a variance which permits a use of land other than which is prescribed by the zoning regulations and shall include a change in permitted density. Use vari- ances involving uses with different "pre- fixes" (BU use in IU District, IU use in BU District, BU use in RU District, RU use in BU District, RU use in IU District, IU use in RU District, etc.), that otherwise comply with this sec- tion will be heard directly by the Board of County Commissioners. Use vari- ances involving uses within the same "prefix" will be heard by the Zoning Appeals Board, in accordance with the provisions of this section. Use vari- ances heard initially by the Zoning Appeals Board shall include those use variances involving density of develop- ment and the required right-of-way dedication. For purposes of this para- graph, the AU, GU EU, RU-5 and RU-5A Districts shall all be considered to be within the RU prefix category. (2) Non-use variances from other than air- port regulations. Upon appeal or direct application in specific cases to hear and grant applications for non-use vari- ances from the terms of the zoning and subdivision regulations, the Board (fol- lowing a public hearing) may grant a non-use variance upon a showing by the applicant that the non-use vari- ance maintains the basic intent and purpose of the zoning, subdivision and other land use regulations, which is to protect the general welfi~re of the pub- llc, particularly as it affects the stabil- ity and appearance of the community and provided that the non-use vari- ance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. No showing of unnecessary hardship to the land is required. For the purpose of this subsection, the term "non-use variances" involves matters such as setback lines, frontage requirements, subdivision regulations, height limita- tions, lot size restrictions, yard require- ment~ and other variances which h,ave no relation to change of use of the property in question. (f) Variances from airport zoning regulations. Hear applications for and grant or deny variances from any airport zoning regula- tions, but in considering, granting or deny- lng any such variance the Zoning Appeals Board shall be governed and shall abide by the guides and standards, general purpose and intent of the particular airport zoning regulation concerned. No such application shall be heard until the recommendation of the Director of the Aviation Department is first obtained, which recommendation shall be considered, together with that of the Director's. The granting of a variance un- der this subsection does not authorize or permit violation of other zoning regula- tions or the zoning regulations of any mu- uicipaiity concerned unless authorized by the appropriate County or municipal board, body or commission concerned, as the case may be. (g) Variances from subdivision regulations. Hear applications for and grant or deny vari- ances from subdivision regulations (Chap- ter 28 of the Code of Metropolitan Dade County) in accordance with and pursuant to the authority and standards set forth in Section 28-19 of the Code. ~/(b) Hear applications to modify or eliminate any condition or part thereof which has been imposed by any final decision adopted by resolution; provided, it finds after public hearing the modification or elimination, in <.,,., '<,, 1,; 5-137 § 33-311 DADE COUNTY CODE (i) the opinion of the Zoning Appeals Board, would not generate excessive noise or traf- ftc, tend to create a fire or other equally or greater dangerous hazard, or provoke ex- cessive overcrowding of people, or would not tend to provoke a nuisance, or would not be incompatible with the area con- cerned, when considering the necessity and reasonableness of the modification or dim- ination in relation to the present and fu- ture development of the area concerned. Reserved. Conditions, restrictions and limitations. (1) In granting any application for in- crease or decrease in minimum space footage requirements, special excep- tion, new uses or unusual use, use or nonuse variances or variances from airport regulations, the Zoning Ap- peals Board may prescribe any reason- able conditions, restrictions and llmi- tations it deems necessary or desirable, in order to maintain the plan of the area and compatibility therewith. The Zoning Appeals Board may revoke, mod- ify or change any resolution heretofore or hereafter adopted granting a special permit or a special exception, new uses, unusual use or variance, if upon, ap- plication filed at any time by the Di- rector and after public hearing, the Zoning Appeals Board finds that there has been a violatinn of any imposed conditions, restrictions or limitations in any such resolution; provided, such public hearing shall not be held until published notice provided by Section 33-310 hereof has first been given; provided further, if the Director, upon written request of any aggrieved party, refuses or fails to make such an appli- cation, such aggrieved party may quest the Board of County Commission- ers, through the County Manager, to instruct the Director to do so. Such decision of the Zoning Appeals Board shall be final unless an appeal is insti- tuted to the Board of County Commis- sioners within the time and as pre- scribed for other appeals thereto. (2) Any person who shall violate or fail to comply with any conditions, restric- tions or limitations contained in any resolution heretofore or hereafter adopted, granting a special permit or special exception, new uses, unusual use or variance or with any of the requirements of such a resolution, shall upon conviction thereof in the appro- priate court be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the County Jail for not more than sixty (60) days, or by both such fine and imprisonment. Each day of violation or noncompliance shall constitute a separate offense. (k) Standards accumulative. Any and all stan- dards and guides provided by this article to be followed and used shall be accumulative and in addition to those provided by the zoning regulations which are not intended to be repealed by this article. The proce- dures of Section 33-315(b) of this Code shall apply. (1) The Zoning Appeals Board may not defer action on an application for more than sixty (60) days unless the applicant consents thereto, unless deferral is necessary to avoid a manifest injustice pursuant to the provi- sions of Section 2-114.1(c)(2), Code of Met- ropolitan Dade County or unless the appli- cation is under moratoria, pursuant to the provisions of this chapter. Deferral of ac- tion shall be for further study, viewing of the area, staffor departmental study or for any other justifiable or reasonable purpose. (Ord. No. 60-14, 4-19-60; Ord. No. 61-30, § 1, 6-27-61; Ord. No. 63-24, § 1, 6-18-63; Ord. No. 64-65, § 4, 12-15-64; Ord. No. 66-66, § 3, 12-20-66; Ord. No. 71-42, § 1, 5-18-71; Ord. No. 72-20, § 2, 3-21-72; Ord. No. 73-28, § 1, 3-20-73; Ord. No. 74-20, § 4, 4-3-74; Ord. No. 74-40, § 3, 6-4-74; Ord. No. 75-47, § 5, 6-18-75; Ord. No. 77-12, § 2, 2-15-77; Ord. No. 77-68, § 2, 9-20-77; Ord. No. 78-10, § 1, 3-21-78; Ord. No. 87-6, § 1, 2-17-87; Ord. No. 87-75, § 2, 11-3-87; Ord. No. 89-10, § 5, 2-21-89; Ord. No. 92-150, § 3, 12-1-92; Ord. No. 94-37, § 2, 3-3-94: Ord. No. 95-215, § l, 12-5-95) TURNBERRY ISLE RESORT & CLUB TURNDOWN REPORT 1996 LACK OF LACK OF TOTAL ROOMS AVERAGE ESTIMATED SLEEPING ROOMS MEETING SPACE OTHER BY MONTH RATE REVENUE LOST JANUARY 2,327 2,554 897 5,778 $248.91 $1,438,222 --EBRUARY 7,665 30 300 7,995 $225.47 $1,802,608I MARCH 0 0 390 390 $325.00 $126,750 APRIL 1,276 1,598 _26_5 3?_.3_9_ $231.25 $725,905 MAY 5,446 2,914 2,942 11,302 $225.53 $2,548,953 JUNE 13,526 266 5,280 19,072 $267.71 $5,t 05,679 JULY AUGUST SEPTEMBER OCTOBER qOVEMBER DECEMBER YEAR TO DATE 30,240 7,362 _ 10,074 47,676 $246.42 $11,748,117 NOTE: I,;AC[I GROUP CAN BE TURNEI) DOWN FOR MORE 'I'IIAN ONE RHASON, IIOWEVER, ONLY ONI~ IS REIq.I~C'I'ED IN Tills RI'.'PORT. OTIII~.R INCI,UI)F.S BUT IS NOT IJMI'IY~I)TO: Bad booking pattern Cancelled mecting Dates not flexible Rates too high TURNBERRY ISLE RESORT & CLUB TURNDOWN REPORT 1995 LACK OF LACK OF TOTAL ROOMS AVERAGE ESTIMATED SLEEPING ROOMS MEETING SPACE OTHER BY MONTH RATE REVENUE LOST JANUARY 8,187 500 20 8,707 213.72 $1,860,865 FEBRUARY 2,962 564 70 3,596 226.07 $812,950 MARC H 5,084, 210 0 5,294 210.96 $1,116,825 AP RIL 5,747 440 0 6,187 248.22 $1,535,757 MAY 7,815 1,200 1,275 10,290 223.69 $2,301,720 JUNE 2,019 1,460 300 3,779 269.37 $1,017,962 JULY 2,524 790 0 3,314 260.60 $863,630 AUGUST 2,735 375 35 3,145 185.66 $583,895 '~EPTEMBER 570 0 733 1,303 230.06 $299,770 OC'[OB E R 3,679 0 50 3,729 253.17 $944,055 N OVE MB E R 7,328 6,588 625 14,541 253.95 $3,692,697 '~) ECE MB E R 1,310 160 0 1,470 295.00 $433,650 YEAR TO DATE 49,960 12,287 3,108 65,355 236.61 $15,463,776 NOTE: EACH GROUP CAN BE TURNED DOWN FOR MOP, ETHAN ONE REASON, HOWEVER, ONLY ONE lS REFLE(.;I'I~) IN THIS REPORT. OTHER INCLUDES BUT IS NOTLIMITED TO: Bad booking pattern Cancelled meeting Dates not flexible Rates too high TURNBERRY ISLE RESORT & CLUB OVERNIGHT VALET PARKING Summer (August 1995) Fall (November 1995) Winter (February 1996) Spring (June 1996) 72 84 84 I 73 TURNBERRY ISLE RESORT AND CLUB RELATED TAX PAID IN 1995 Tax Cateqory Convention Development Tax Rooms Food & Beverage Intangible Tax Utility Tax Gross Receipts Real Estate Tax Sales Tax Local- 0.5% State - 6.0% Utilities Water Gas TOTAL 1,101,947 333,618 232,801 2,840,285 401,270 187,323 1995 $ 1,435,565 9,089' 22,945 1,118,402 3,073,086 588,593 $ 6,247,680 ~JUL. 1S.1996 ~:48PM M0.9~0 A WARDS PRESF. NTED TO TURNBERR Y ISLW R.~S OR T & CLUB "AAA Four Diamond Award~, 1987-1996 "Top 100 WorM's Best/Readers' Choiee Award' 1995, 1996 UBest of the Best in America" 1994 Di~ Best~n Resorts trod Lod~.~3. (Li$~s Turabe~' as oae of the best 23 Resort~ ia the World) "Five Star Diamond Award" 1995, 1996 One of 183 of tire World's Best Hotels ~ 1995, 1996 "Mobil Travel Guide Four star" 1987-1996 'tl~avel Agents Deluxe Rating Guide" "The World's Top 100 Hotels" P~ter Fiakbeiner's World Guido,. 1996 ~tSuper Star I~otd" Reed Trawl Group's S~ar Service Hotel G~de_ 1995 "Top 10 Resorts in the WorM" Iatler Curmrd Travel Co,;d~ 1996 "One of the $0 Best Hotels in the World" Travel Di_~est PubNea6ons Worldwi.d~, 1996 ~'The Best Hotel in Miami" US Zagat l-lote]. Resort and Spa C~d¢, 1995 JUL. 15.1996 ~:46PM N0.960 P.3~6 Meetings and Convention.n: ~ward for Excellence" Co_rvorate and Incentive T~v~l 1993-1995 "Paragon Award" CoHorate Meeting & Incentive~ 1994, 1995 "Two Little Tuskers" Max Cuff's Yellow Book, 1994, 1995 "Gold Key Award" Meetings & Conventions, I994, 1995 "Gold Platter Aveard" Meetings & Conventions, 1995 "Top 25 Hotels with Meeting Facilities" SouthFlorida Business Journal_ 1994, 1995 "Ace Award" Successful Meetings Magazine, 1996 "Pinnacle Award" Successfoj[ Meetings Magazine_ 1994, 1995 Tgnnis: ~Tl~e Bes~ Resorts in America" ~ 1993-1996 atop $0 TennL, Resorts in/lmerica" T~li~&ga~lg 1994-1996 "Best Restattrant #1 The Veranda" "Perfect 'lO'for Accommodations and Food" America's Greatest Gol£Resorts, 1992-1996 3UL.15.1996 ~:46PM N0.960 "Golden Zings Award" Co~o. orate Meetings and Incentives, 1994-1996 "Greens of Distinction Award" Com. orate & Incentive Trnvel, 1995 nSilver Medal Resort" Golf Magazine Award, 1992-1995 "Best Golf Resort Experience" 1995 tCGold Tee Award" Meeting & Convenl~ons, 1992-1995 "PGA Teacher of thz Year Award"- Dan Fournier/1994 "The Best Golf Resorts in America Award" 1994,1995 Recycling/Environmental Achlevement~ '~Dade Public Educal¥on k-~nd Award" 1994 "Green Seal" Hallmark of Environmentally Sensitive Hotels ~- Certification, I995, 1996 "Stand Up and Take a Bow" Hono~ng Dorothy Lewis Greater Miami Chamber of Commel'~e, 1994 alnnkey Environmental Quality Achievement Award" Greater Miami & The Beaches Hotel Association_ 1996 "Environmental Challenge Awards" ~, 1995 "Firs~ Pri~e - Hotel/Motel" Metro Dade County Bl;[siness..Rcq:ycling A,w~r& 1995 "Environmental Achlevement" RenewAm~a/Environmental Success Index_ 1995 "Certificate of Environmental Achievement" The Na~.onal Awards for Envixonmen~. "Project Victory" "Palm Award" Crreat~r Miami Chamber of Commerce, 1996 Tumberry ,Isle -- A RAFAEL HOTEL TO: Mr. Jens Grafe FROM: Jeff McManus~ RE: Landscape Awards DATE: August 15, 1996 Turnberry Isle Resort & Club State 1990 Awards Florida Nurserymen Growers Association Award in the category of maintenance 1990 Florida Nurserymen Growers Association Award in the category of commercial installation 1990 Florida Nurserymen Growers Association Award for best bedding plants National Awards 1991 Professional Grounds Maintenance Grand Award for Best Resort/Hotel for the U~ited States STATE OF FLORIDA ) ) COUNTY OF DADE ) BEFORE ME, the undersigned authority, personally appeared Jens Grafe, who being by me first duly sworn, deposes and states under oath: 1. I am presently the Vice President of Resort Investors, Inc., which is a general partner of Rafael Resort Investors, Ltd., a general partner of Turnberry Country Club ("Turnberrf') d/b/a the Turnberry Isle Resort & Club ("Club"). I am general manager of the Club and have personal knowledge of its daily operations~ 2. Since the acquisition of the Club by Tumberry in 1987, over $87 million has been expended or committed for permanent improvements to the Club. 3. Approximately $2 million is spent annually for capital improvements and approximately $1.2 million is spent annually for maintenance to the golf course and facilities, including landscaping. The foregoing instrument was acknowledged this [ fi day of{ Crrafe. He personally appeared before me, i?ersonally kno~wn to me~, or [NOTATORIAL SEAL] )[1~1996, by Jens ~roduced as identification, and [did] [did not] take an oath. Notary: ~ ~ PfintName: ~f~l"~ ~'~,lfl~,[r~ Notary Public, State of My commission expires: OFFICIAL NOTARY SEAL SANDRA HENCHY I NOTARY PUBLIC STATE OF FLORIDA ! COMMISSION NO. CC314738 ! My COMMISSION EXP. SEPT 12.1997 Tumberry Isle A I/,,~d~AEI. ]tOTEI. JENS GRAFE PRES[DENT, RAFAEI. HOTELS U.S.A. MANAGING PARTNER, TURNBERRY ISLE RESORT & CLUB Jens Grafe brings to Rafael hotels a diverse, 30-year background in the hotel industry and international experience that has familiarized him with every aspect of the industry. He completed his apprenticeship at the Atlantic Hotel in Hamburg and graduated from the Hotel Management School, Heidelberg, Germany, in March of 1968. Upon graduation he was awarded a scholarship by Hilton Hotels Corporation and moved to the United States, where he worked at the Waldorf-Astoria, the Washington Hilton and the Statler Hilton in Dallas. Mr. Grafe left Hilton in 1975 when he was executive assistant manager of the Palmer House in Chicago. From 1975 until 1978, Mr. Grafe worked as a director of Bololo Hotels, Palina de Mallorca, Spain, and managed their Hotels in the Balearic and Canary Islands. He then joined Tourotel Consulting and Hotel Management Limited, as executive officer in charge of operations with five hotels in Germany, Austria, Switzerland and Liechtenstein. When Mr. Grafe left in 1982, the chain had expanded to 16 hotels. In 1983, he joined Regent International Hotels as general manager of the Dorado Beach Hotel in Puerto Rico. In 1985, Regent appointed Grafe director of operations USA. Mr. Grafe left Regent to become a partner in Rafael Hotels in 1987. As President of USA operations he oversees The Mark Hotel in New York and the Elbow Beach Hotel in Bermuda as well as Turnberry Isle Resort & Club. In April of 1994 Mr. Grafe also assumed the responsibilities of General Manager at Turnberry Isle Resort & Club, the flagship property of the Rafael Group. 19999 West Country Club Drive, Aventura, FL 33180 2401, (305) 932 6200, (800) 327-7028, Tlx: 80-8013 AVTURN, Fax: (305) 933-3811 A member of Clbe~eadir~ff-IotelsoftheqJVorld® AUG-19-199S 16:51 NICHOLS BROSCH SANDOVAL 305 ~6 28?2 P.05×05 NICHOLS BROSCH . SANDOVAL & ,~.%~IATE~, INC. Architeclure & Pl~n~ing Name: Occupation: Birthdate: RESUME BRUCE F. BROSCH Architect / Principal November 19, 1949 Dependents: Married - Two Children Education: 1974 University of Cincinnati Bachelor of AreMtecture Professional Registration: 1978 Architectural Registration State of Floricla 198O Architectural RegisWation State of Texas 1989 NCARB Registration (National) Professional Experience: 1979 to Present NICHOLS BROSCH SANDOVAL & ASSOC., INC. (formerly The Nichols Partnership, Inc.) 2600 Douglas Road, Suite 900 Coral Gables, FL Principal/Project Manager 1976 to 1978 SCBIFFER AND LANDSKRONER Architects & Planners South Miami, FL Design/Draf~person 1974 LEFF AND ALEXANDER - Architect South Miami, FL Draffsperson C..oI C-d~, Flor,do 3313,4 Te~ ~30~) Fax {3051 AUG-19-1996 NICHOLS 16:58 NICHOLS BROSCH SANDOVAL Vice President SERVICO CENTER West Palm Beach, Florida BROWARD TRADE CENTER Fort Lauderdalc, Florida 305 446 2872 P.04705 BROSCH SANDOVAL Archltec~ure & Planning TURNBERRY ISLE YACHT & COUNTRY CLUB - PHASE 1 & H Mizm~ Florida DEERFIELD BEACH HILTON Deerfield Beach, Florida THE ALHAMBRA Coral Gables, Florida COLUMBUS CENTER Coral Gables, Florida PITTSBURGH CITY CENTER Pittsburgh, Pennsylvania SPANISH CAY Bahamas ELEUTHERA HOTEL Eleuthcrz, Bahamas BAL HARBOUR SHOPS HOTEL Bal Harbour, Florida SHERATON BAL HARBOUR Bal Harbour, Florida METROPLEX Philadelphia, PA SOVEREL HAI~OUR HOTEL West pzlm Beach, Florida PARIS MARRIOTT Paris, France SAILBOAT BAY Coconut Grove, Florida LAGO MAR North MismL Florida CONI~AD INT'L TORONTO Toronto, Can.~dz ARVIDA CENTER Pompano Beach, Florida CONP~D INTERNATIONAL Aruba COSTA DEL SOL Aruba CAPE ELEUTI~F. RA HOTEL B;xhzmas TIq~F. COLUMBUS CENTER OFFICE COMPLEX Coral Gables, Florida GROVE GATE OFHCE COMPLEX Coral Gables, Florida THE ALHAMBRA HOTEL/OFFICE COMPLEX Coral Gables, Florida AUG-19-1996 16:50 NICHOLS BROSCH SANDOUAL J05 446 28?2 P.02×05 NICHOLS BROSCH SANDOVAL Amhited~ro & Plonnlng FOUNDED: PRINCEPALS: ASSOCIATES: CONSTRUCTION VOLUME: SERVICES; CLIENTS: DESIGN pHl~ OSOPHY: FACT 2600 Douglas Road, Suite 900 Coral Gablas, FL 33134 005) 443-5206 (305) 446-2872 FAX 1967 Coral Gables, Florida John R. Nichols, President Bruce F. Brosch, Vice-President Gregory P. S~adoval, Vice-President Anne Jackaway del Sol Jo~ L. Suarez Jmes P. Wurst Donald F. Wolfe Yamil Oacel During the past twenty years, Nichols has been involved in the planning and design of mom tha~ $1.5 billion in new and rehab construction, consisting it over 30,000 hotel rooms. Nichols and ils consultants have become internationally recognized in the planning and architectural design of mixed-use centers featuring world-class hotels and entertainmem el~n~nts, as well aS high-end commemial and ~ spaces. Nichols project experie~aee innhides hotels, office buildings, multi-fam/ly residential, retail facilities and mixed-use developments which are located throughout the United States, Canada, the Caribbean, South America and Mexico. Representative clients include hospitality and development giants such as Hilton, Sheraton, Marriott, Westin, Hyatt. Loews, Nildm, Carnival Hotels and Resorts, Pmdantial, Olympia & York, Arllelqcan ~.xpres$, AEtna and The Equitable Life lnsuran~ Company. Nichols is dedicated to the philosophy ti~ fine architecture, like fine an, must relate to the huraan spirit It must use innovative techniques to create a mood, but a mood that merges with pm~m~c function. Nichols objective is to design a unique, higher quality product for its clients that will ultimately prudu~ a $uc, c.e~ful return on investment. Nichols guides its creativity toward innovative design while observing the realities offlae business community and real estate indum'y and raaintalnlng the oporatinns, economic, marketing and aesthetic goals of its clients. 07/96 AUG-19-1996 16:50 NICHOLS BROSCH SANDOVAL 305 446 28?2 P.03×05 NICHOLS BROSCH SANDOVAL & A~)CIATES, INC. Acchi~cture & ~lann|ng METROPOLITAN DADE COUNTY, FLORIDA STEPHEN P. CLARK CENTER August 2, 1996 BUILDING & ZONING DEPARTMENT 111 N.W. FIRST STREET SUITE 1010 MIAMI, FLORIDA 33128-1974 (305) 375-2500 Mr. Michael A. Freire Greenberg Traurig 1221 Brickell Avenue Miami, Florida 33131 Re'- The Princess at Turnberry Folio 30-1235-014-0080 Dear Mr. Freire: In response to your zoning verification request, please be advised that the above referenced property was zoned RU-4A (Hotel Apartment House District) in 1969 by Resolution Z-50-69. A plan for development of this site was later approved through the public hearing process by Resolution 4-ZAB-278-87. Copies of these resolutions are enclosed for your reference. In 1994 a proposed plan of development entitled "The Princess at Turnberry" was submitted for review. Said plan is dated August 28, 1994, and prepared by Smallwood, Reynolds, Stewart & Associates, Inc. This conceptual plan was reviewed and approved by Building and Zoning, PLanning, Public Works, Parks and Recreation as well as the Fire and Rescue Departments, with a final sign off date of October 19, 1994. The administrative review approved a multi-family development consisting of a 26 story building containing 495 units with 658 deck parking spaces and 8 visitor parking spaces. Should you need additional information, please contact this office at 375-1808. Sincerely, Deena G Mullininx, Supervisor Zoning Information Section encls. ~5-¢~~42/~-52-42/87-155 · ~' ' ~ESOLUTLON NO. 4-ZAB-278-87 seconded hyMr. Kenneth Welt and upon poll of members present, the vote was as follows: Thomas A. Conger absent Nonzalo (Cuy) Banchez aye. I~vi A. Johnson aye Nurrsy Sisselman aye Joyce ~asso aye Kenneth Welt aye M~rgaret C. Nelson aye R. Jollivette Frazimr absent Mary Jean Rlsi aye WHEREAS, AYENTURA LAND AND DEVELOPMENT CORP. has applied for the following: MODIFICATION of Condition #2 of Resolution {~50-69, passed and adopted By FROM: "2. That in the approval of the plan, the same be substantially in accordance with that submitted for the hearinB entitled, 'Preli2inary Development Plan of Biscayne .Village, Mismi, Florida', revised dated November 29, 1968, wit~ the documentary supplement submitted therewith entitled, 'Development Criteria for Biscayne Village', as prepared by Hall & Coodhue, Arch~tect~ City Planners, for Donarl of Florida, Inc., dated December 2, 1968. Permitted Uses: RU-4A Minimum LOt Area: Minimum Lot Width: ~nimtuu 50t Area per family unit: Maximum Lot Coverage First 3 Stories Above 3 Stories 300,000 sq. ft. 1,000' 375 sq. ft. 9O% 405 Minimum Setbacks First 3 Stories Front: 25' Side: 20' Rear: O' Interior: O' Above ~ Stories Front: 25' Side: 20' Rear: 50' Interior: 50' Maximum Floor Area Batio: 9 tol Parking Requirements: 1,25 s~aces per unit That in the approval of the plan, the same be substantially in 4-ZAB-278-b, Page Two ~5-51-42/3-52-42 sites. Permitted Uses: Minim%u~ Lot Area: Minimum Lot Width: RU-4A 195,148.80+ sq. ft. 188,179.20_+ sq. ft. 699.1 I 'l 277.81 '+ 375 sq. ft. 9o% , 40% 25' 20' 25' [' 20' 50' 50' ; ~ 27 Stories or 270' 9tol Parking Requirements: 1.25 spaces per unit of this request is to subdivide the parcel "M" into 2 buildable' A pl~ is on file and may be examined in the Zoning Department entitled "Parcel M-1 Tract R-H", as prepared by Manuel O. Vera and Assoc., Inc.", dated 2/25/87. Plans may be modified at public hearing. SUBJECT PROPERTY: All of Tract "HH" if FIFTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB, Plat book 99, Page 20, less and except the following described portion; Beginning at the Southeast corner of said Tract "HH"; thence S74°2'45"W along the south line of said Tract #HH" for 440' to the Point of curvature of a curve to the right; thence ~W/ly along the south line of said Tract "HN" and along the arc of said curve to the right having a radius of 5,594.58' and a central angle of 0°49'41" for an arc distance of 80.85' to a Point of compound curvature~ thence SW/Iy and.~W/ly along the arc of said curve to the right having a radius of 50' and a central angle of 95032'3" for 83.77' to a Point of reverse curvature; thence continue NW/ly along the arc of said curve to the left having a radius of 1,421.14' and a central angle of 8o40'49.. for an arc distance of 215.~'~ to a Point of reverse curvature; thence NW/ly along the arc of said curve to the right having a radius of 4,510.66' and a central angle of 0°24'9" for an arc distance of ~1.69'; thence R58°55't2"B for 422.48' to a 40 J~ 1W from the center of said curve; thence SE/ly alonB the arc of said curve to the left having a radius of 790' and a central enBle of 16°56'2'' for an arc distance of 2~3.49'; thence $15°57'15"B for 240' to the Point of beginning. The lsat two courses being along the boundary of said Tract "EH". ~CATION: he Northeast corner of West Country Club Drive and State Road B52, Dado County, Plorida, and %-ZAB-278-87 Pase Three ~5-5~-42/3-52-42 Typed 6/16/87 cJ COUNI~ OF DADE . County Building and Zoning Departmans, and Ex-Officio Secretary of the above and foregoing is ~mie and correct Copy of Resolution No. ~-~ adopted by said Zoning Appeals Board aC its ~eecfng held on IN WIT~ESS WHEREOF, I have hereunto set my hand and seal on this I~~ day of ~V~$~ , A.D. 19 Rafael Bodon, Bx-Of~icio Secretary Metropolitan Dade tounty Zoning Appeals Board o.O The following resolution was offered by Commissioner Earl Jr Carrol_l Ben Shepard sent, t~e vote was as.follows: Earl J. Carroll aye Alexander S. Gordon aye Earold A. Greene absent R. Hardy l.~theson . aye Thomas D. O';'~lley aye · seconded by Commlssione~ ~' , and upon poll of'members pre- Arthur H. Patten, Jr. absent Ben Shepard aye Earl M. Starnes aye Chuck Hall aye ~EREAS, Donarl of Florida, Inc., had applied for the followir A district boundary change from AU {Agricultural), GU (Interim),, RU-2 (Two Family Residential), RU-3 (Four Unit Apartment) and BU-3 (Liberal Business) to BU-2 (Special Business) an~.RU-4A (Bungalow Villa). and SPECIAL EXCEPTION to permit a multiple family apartment develop- ment in connection with the aforelr, entioned RU-4B_~e~u~_t; . SUBJECT PROPERTY: A Tract of land lying in the followin~ Se~-: Sec, 3~ e~d 3~. Twp. ~l S~ Rgeo h2E, a]~o Sec. 2 & 3~ ~p, Rso. 42 E~ the s~me being more BeEin at%2S' p.%rticul&rly described as follows: the SE corner of the N~.5 of said Sac. .~ -~.~ to the ~.I ¢orne~ of said N~; th. ~un S. ~?~ 32~ 36' U. ~ona th~ S. 1/ns of t~-!.a ef said Sec. 3~ the sam_- beim~ the S, line of Tract 25, accordinE to the plat of Lauranna~ as recorded in (PB 76, Pge, 31), Sheet 4, for a &istance of 669.§7~ to a point; th, run N. 2° emi .^,, .. ~ 3~h.ghl to a poin%l th. r~l $. B?o ~0" ~.§" u ...... P ~%, t~. r~ N, 2 h9 3h W. alo~ ~.~ ~.~y of ~act 25 'lOh;77~ ton ~y of ~act 2~, ~99.78~ to a ~t; th~ ~ S. 2~ ~3~ ~0' E. ~un~ ~__ y o~ 'Iract 2)~ a9.96 %o a ~t; %h. ~N. 2° ~3s h?"R. ~on~ ~d ~ry ~ ~act ~ 1~8.9~ to a po~t; th. ~n N. 87 28~ ~1~ E. ~on[ said ..~e~y Of ~a~% 2~p 7~.17~ to a po~t on tho E. l~e of the ~,~ of said Sec, ~. r~N, B 29 )o ~. along s~d bo~d~y of T-act 2 2.91~ to a o' t' ' ~. ~ S. 3° ~, 33" E. along s~d bo~d~y of ~ac$ 25, 2~.77~ to a po~t; th. ~ N. 87° ~7' 25" E. alonE s~d bo~dary of ~act 25, 50.~' ~o a ~t; ~f 39.~' to a point of ~gcncy; th. run N. 2° ~' 34" U. alon~ s~f bouR~*.y Donarl'of Florida, Inc. xx-65/~x-66 l~cm t:o. 68:?22 of 90°'l?~ )4?, £.o.r a ~tstauc~ of 39o1~0~ to a ~ofnt of te~gency$.th. ~ S. 8~© ~j ~a ~s ~/ly e~ension the s~e berg the ~y righb~f~ay ~e of State . ~e o~- the ~ of lot 4~ ~ 13, Eap of t? Town of ~ · ~ of ~t 4~ 13, 504,~ to a po~t ol intersection ~e W, ~e of ~ ~ cf s~Id Pl~t of ~Mp of the Tram of Hs~n~e: th. r~ N. S°'23~ 45" $~. ~ong the said ~. l~e of ~( ~, 331,43~ to th~ ~'f co,er of lot 3, s~d~ ~ th, ~ N, ~o 31' 53" E, ~ong the N. l~es of lot S ~d 4 of said B~ ~ ~.27~ to a ~t; th. r~ N 3° 17~ ~,. ~, along a ~ p~el to and 219,50~ l'[~y of, as ~ured at right ~gl~s to the E. ~e ~ ~ 1 of said B~ for a ~st~ce of ~1,43~ to a po~ of ~tersection ~ith the N. ~e of said ~ ~; th. r~N, 87° 36~ 16" E, ~long the N, l~e of s~d B~ ~ 219.53' to th~ E corner of s~d B~ 3~; the s~e being the ~ corner of Lot 2 of B~ 15 of said ~t of ~p of the To;~m of H~l~n~le; th, r~ S, So 17~ ~.. E~ ~ong thc ~[. ~ seid ~t 2 of BM( !5~ 330,57~ to ~ poin.t of ~tersection ~ith the N, ~e of ~e ~ of s~d lo~ 2 of b~ 15~ th, r~ N, 87° 51~ 41" E. ~ong s~dN, l~e of ~ of lo~ 2, 62.50~ to a po~t of intersection with the ~, ~e of ~t 1 of s~td ~.the ~ ~o~er of s~Lot 1 of ~2 15; th, r~ ~, 87° 50~ 35" E. ~on~ thc N. ~e of s~d Lot 1 of ~ 15~ for 61,15' to ~ po~t~ the ~y~ of s~d ~ing the ss~ as a ~rtion of the boundary of Tract 2~ North Bisca~e Acres, accor~g to the p~t thereof, recor~d ~ (PB 40~ Pg~. 9~); th, run N, B° 45' 12" W, ~ong the s~d Bo~y o~ ~ct 2~ 62,13~ to a ~t; th, ~ S, 8~° 48~ 22" W. ~ong the s~td bo~y of Tract 2, 25.01~ to the NE corer o2 Tract ~ of s~d ~a$ of ~a~ Shset 3~ th. ~ S. 3° ~5' 12" E, ~ong the E. i~e of s~.id T~ct ~ 76,40~ to a ~t of c~t~e of a c~we concave to the ~; th. r~ ~o~ the ~ of s~d curve ha~ for its elementm a ra~us of 25~ ~nd a ~gle of ~1° ~2~ ~6" for a ~s~nce of ~0.02~ to a po~t of t~gency; th. ~. S. 8~o ~?, 34" W. ~ong the S, ~e of s~d Trac~ 2~ ~8.~6' to a ~$ of c~vature of a c~e concave to t~ E; th. ~ along the ~ of seid ctuwo ha~g for its ~t~ a r~us ~ 2~ ~d ~ centr~ ~gl~ of 88 Sl' 16', for a ~t~ce cf ~G.~J ~o ~ po~t of ~gency; th. r~ N, S~ 31~ iO"W. ~o~ ~eW. ~e of caid Tract ~, 76.16~ to a ~t of ~tersection ~ith the bo~y of s~d ~act 2 of ~orth ~s~e Acres; ~. r~ S. ~7° 4~ 22" W. along s~d ~d~y of ~act ~, ' 2~.~ ~ a po~ ~. run N. 3° 31~ 10" W. ~on~ s~d boldly of ~act 2, 61.63 ~ s~d~. ~e ~ the ~ of Sec. 3~, 1967.16 to ~e ~ co,er of seid S~ . cf Sec. S~; th. r~ ~. 67~ ~' 3S" E. ~ong the N, l~e of ~ of s~d Sec. 3~, S~,26~ to a po~t of ~tersecti~ ~ith the ~e ~ty ~e~ ~e as sho~m on the plat of the lletro~t~ Dade Co~ty, ~o~, ~ead L~e, (PB 7~ Pge. 1), Shee$ ~, th. r~ S. 2° 10~ 17" U. ~o~g s~d ~ead ~e, 26S2.88' ~ a ~t; t~. ~ S. ~o 53~ 45" ~. a~ong said Bu~cad ~e, the s~ Berg the S. ~e cf s~d Sec. 3~, for 178.56' to tho ~ corner of seid ~c. 3~ th. ~ S. 2° ~5~ ~3" E. ~ong s~d ~;head l~e, 575.79~ to a ~t; th. ~n S. 61c 05~ 57" W. slon~ seid Bu~head L~e 39.70' to a ~tnt~ th. run S. 11° 41' O1" W. along ~ along the ~c of s~d curve, ~g fo~ its elements a ra~us of 550' end ~ ~entral ~locof 82° ~. 32", for a ~st~ce of 268.O3', to a pc~t of t~gcBcy; 2 34/35-51-42 2/3-52-42 :o~i~g Appeals Board was advertised and held'as required by the Zoning Appeals Board was of the opinion that th~ ~equested dis- menta and intent of the Zonin~ Procedure OrdlnaJce and, therefore~ recommended approval of the district boundary c~ges and approved the special exception, subject to conditions, and application, and after having given an oppo~tunity for interested 2/3-52-42 2. That the'use be established and maintained in accordance With the approved plan., and that the requested district boundary change to RU-4A be and thc same is hereby approved (both Of these approvals according to plan as sp~cified in Condition No. 2 under Special Except£~n approval) and said property 'is hereby ZOned accordingly; BE IT PURTHER RESOLVED that the requested special exception for multiple family apartn.ent development be and the same iR hereb, approved subject to the following conditioa~s.. 1, ~mt a plot ucc p~an be ~ubmitted to a~ meet vith the approval of the Zoning Director; ~a~d p~n to incl~e ~on~ othor t . - ~zen~s, offstr~et ~=rk~ areas t~_==~z~y or occu~ncy for prouoscd -' , ~.- ~f. Olty vot~d be (~cve).opc~ ~ubsZant~a~. in ~tecolx~tnce with the Dc~larl of Flor ? Inc. · 34/35-51-42 lO. That said use be subject to and meet with the approval of the Directors of the Public Works Department and Traffic and .,. Transportation Department. 11. That the plot use plan be reviewed by the various Count~ De- partments during the development stage aod prior to the issuance of any building permits for any of the tracts. The Zoning Director is hereby directed to make the necessary changes and notations upon the maps and records of the Dade County Building and Zoning Department and to issue all permits in accor- dance with the terms and conditions of this resolution. PASSED AND ADOPTED this 20th day of February, 1)69. Heard 1-13-69 No. 69-1-4 vp DAD~ COUNTY, F~ORIDA, BY ITS BOARD OF COUNTY C02~4ISSIONERS E. B. LEAT~RM-%N, CLERK By. EDWARD D. PHEtAN Deputy Clerk STATE OF FLORIDA ) ) SS: COUNTY OF DADE ) I, E. B. LEATHERMAN, Clerk of the Circuit Court in and for Dade County, Florida, and Ex-Officio Clerk of lhe Hoard of County Commissioners of said County, DO HEREBY CERTIFY that the above and foregoing is a I~ue and correct copy of Resolution No._ -, adopted by the said Board of County Commis- sioners at its meeting held on __ IR WITNESS WHEREOF, l have hereunto set my hand and official seal on this "/~,h . day of E. B. LEATHERMAN, Ex-Officio Clerk Board of County Commissioners Dade County, Florida Deputy Clerk SEAL Board of Courtly Commissioners Dade County, Florida 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 COPY IN RE: TURNBERRY ISLE, Applicant. No. 96-7AACCl 20900 Biscayne Boulevard Aventura, Florida Tuesday, 6:05 p.m. August 20, 1996 The above-entitled cause came on for hearing before the Aventura City Counsil, pursuant to notice. PEGGY ANN COOK & ASSOCIATES, INC. (305) 371-1884 L A~t/Y ER'S NOTES 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Thereupon, were held outside the the following proceedings presence of the council.) MAYOR SNYDER: Let the record reflect we're standing out in the hallway. We have an official court reporter here. We have principals of the two parties, Mr. Grossman, Mr. Grafe, and we have our respective and we have a city attorney. Okay. Does names or something so MR. GROSSMAN: other. attorneys, anyone wish to give their there is -- I think we know each MAYOR SNYDER: My suggestion is this. I think that if the applicant would agree to seven stories, the same number of rooms, and spread them out so that you have a seven-story building rather -- and the same as the seven-story building that's the other part, that you can get a unanimous approval of this council. I'm trying to count heads, and I don't know which way this is going to go. I really don't. I'm usually very good at that. But this time I'm not sure. So I think that the number of rooms that are needed are essential, and if we can agree to that, I think PEGGY ANN COOK & ASSOCIATES, INC. (305) 371-1884 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that this council would go along with that. I don't know if I'm speaking with there is no objection, the signs on that, -- If everybody says, "7 okay, 11 no way" mean anything, that then we have done what everybody wants us to do. If you want to take the chance -- MR. GROSSMAN: Mr. Mayor, that might be acceptable. However, without seeing plans on how that works out, I don't know that we should commit ourselves. MAYOR SNYDER: It's just an extension away from your building. If it follows the curve, it's going That's where it's going to -- has to go. MR. BASS: I need to make one procedural point clear to you. Manny is speaking on behalf of the association, which is acting, to my understanding, pursuant to a duly noted meeting to get their position. I don't know if Manny wants to unilaterally commit the association without a resolution from the board. If they want to show us those plans and you want to continue this meeting, let us see what those plans -- MAYOR SNYDER: Let me tell you, if I go out there and announce that they are willing to go right where the tennis courts are. PEGGY ANN COOK & ASSOCIATES, INC. (305) 371-1884 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 stories, same number of rooms, If you want -- This thing We clearly don't want to seven votes right now, okay. or anything like that airing, almost three hours. Everybody has had a chance to say what they want, and it appears -- And I know I could listen to the council. I know what they are saying. The council is saying that they have no objection to seven stories. Now, if we can all agree upon that, it's a whole lot better than you're not agreeing and then going out and seeing whether the council is convinced. This is only preventing problems in the community. BASS: you got seven to postpone it has had a full MR. exacerbate -- MAYOR SNYDER: Everybody has said seven stories is agreeable, and looking at the plans, it's the same height as the other building. Nobody threw it out. Then when Coronado was built, the view is blocked. One building should have said no to the other buildings, we don't want you to build three buildings. We only want one building, because if you're objecting to this, how can you not object to the two buildings that are up alongside it? I mean, they take away PEGGY ANN COOK & ASSOCIATES, INC. (305) 371-1884 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 everything. Then there is no logical reason why -- I don't know if you want to do it. If you don't want to do it, tell me. Then we just go back and we take a vote. MR. GRAFE: Well, I'd like to compromise because we are neighbors. We are going to be neighbors. There is still some uncertainty, what is 10 stories or what is 11 stories, because are sitting on the pool deck in front, we there it's only 10 stories because we a basement, and part of the basement and -- MAYOR SNYDER: Let's put it this way. You cut off four of the top stories and do what you want. and from are building is exposed MR. GOLDSTEIN: What you are suggesting is building the same height as the other building, whatever that is. MAYOR SNYDER: Whatever that is. MR. GROSSMAN: Ninety-three feet. MR. GOLDSTEIN: It's 93 feet from the base of 11 and we're at base 7 here, so we just want to come up to the same roof line. MR. SHUBIN: And you won't seek -- PEGGY ANN COOK & ASSOCIATES, INC. (305) 371-1884 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 do you to all seating. MR. BASS: What about lose the restaurant? the restaurant; MR. GRAFE: No. MR. GOLDSTEIN: No, but we would agree the other conditions on the outdoor MAYOR SNYDER: This council, and I'm going on time and time again, they have no problem with outside seating and it doesn't affect anybody, especially if they say there is no loud speakers. At Hooter's we agreed they had loud speakers, they had to shut down at ten o'clock or -- MR. GRAFE: We have guests at 10 feet spend in excess of $400 a night. We cannot that afford to inconvenience them. MR. SHUBIN: Let me tell you, I guess, my reservations in the way of speaking to my client in this context. First of all, in principle, Manny may have objections or no objections to seven stories, 93 feet. However, we want to define it. The problem is, if we had assurances, for example~ that there wouldn't be additional variances sought, there wouldn't be additional permitting PEGGY ANN COOK & ASSOCIATES, INC. (305) 371-1884 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 sought, that this was going to be the end of the saga, that may be something that will help him evaluate whether or not he's making a decision or whether this is something that he could recommend to the people that are supporting him or on whose behalf he's speaking today. I suggest to you that if you deny this without prejudice, for example, and perhaps waive the refiling requirement, we would all be dealing in an area of certainty where we may be able to come hand-in-hand and not have this type of division. The problem is it's difficult for anybody to make a decision in uncertainty. It's difficult for the hotel, it's difficult for -- I understand the logic of trying to bring both sides together and to do the right thing and to avoid animosity, which is all desirable, but it's and difficult to put either side in uncertainty, maybe either a deferral or denial without And prejudice, waiving the refiling fees, et ceterat might be the way in which people can work together from the beginning of the process on an expedited basis. MR. GOLDSTEIN: We would not agree to PEGGY ANN COOK & ASSOCIATES, INC. (305) 371-1884 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 that. MAYOR SNYDER: This is going to be resolved tonight. If it's defeated, that's it. it's approved for 11 stories, that's it. If we compromise, that's it. Everybody had If ample opportunity to get together before. For some reason or other it didn't work out. I'm not putting blame on anybody. There has to be finality to everything. This thing came up a month ago and was postponed. It's not going to be postponed anymore. It doesn't want to go through this process again. MR. GROSSMAN: Mayor, I'll ask you as a judge, not as the mayor now. Do I have a right as the president of the condominium, without consultation with my board of directors or unit owners, to make a unilateral decision for 760 residents? MAYOR SNYDER: Well, I think if I didn't see hundreds and hundreds of signs that said this, I would say you are right, but when seeing all of these signs, the only reason that anything has changed from these signs is that you found out that only two-story villas were allowed. MR. GROSSMAN: That's right° PEGGY ANN COOK & ASSOCIATES, INC. (305) 371-1884 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MAYOR SNYDER: Well, the group, all of them, when they put on those signs, they say they agreed to seven stories, okay. This is what they -- MR. believed that MR. for the rank MR. believe. MAYOR can agree to it MR. my attorneys. MAYOR GROSSMAN: They didn't agree. They was what was approved. WOLPIN: That speaks loud, I think, and file members. BASS: That's what we were led to SNYDER: Be that as it may, you or not. GROSSMAN: May I have a moment with SNYDER: Of course. (Discussion off the record.) MR. GROSSMAN: Mr. Mayor, our additional -- MR. SHUBIN: Let me try to again, recognizing two very important that I need to put on the record. Mr. Grossman is an individual, Grossman, to the extent that he speak on behalf of the Coronado without making a decision as to summarize, exceptions and Mr. has the ability to association whether he can or PEGGY ANN COOK & ASSOCIATES, INC. (305) 371-1884 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 cannot, will agree in principle to the idea of seven stories, but in order to specifically approve the project, he wants to hear as much specificity as possible from the applicants and their attorney about where the grid will be, whether there is a limitation on rooms, and whether or not they will be seeking additional zoning permits from this council in the near future that would allow them to expand the project. near association. Nothing is going to be deemed MAYOR SNYDER: What do you define as future? MR. SHUBIN: Let's say five years. MAYOR SNYDER: Is that -- MR. GRAFE: I am not authorized to make those kind of decisions. We have a $130 million investment. I cannot -- MR. SHUBIN: We represent a number people beyond the saying here today type of a waiver of the legal arguments may have regarding hardship on the nonuse and the D.I.C. MAYOR SNYDER: That's the have to take. of that I'm to be any that we variance chance they PEGGY ANN COOK & ASSOCIATES, INC. (305) 371-1884 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. SHUBIN: But, Your Honor, from the standpoint of malpractice, I don't want to be seen -- Because we have a court reporter here, I don't want to be seen as waiving an argument if client that has retained us says you waived an argument that we had at our disposal. That's the only reason I'm -- MAYOR SNYDER: I'm going to tell the group that the applicant has agreed to continue the building in its present form, just around the same contour as it is, but is going to continue it go up but same to make enough rooms, and that addition to to the number of rooms they are asking for, the height will be the seven stories or the as the other building, whatever it is. MR. SHUBIN: Will that be 93 feet? MR. GOLDSTEIN: It would be at the same roof line, probably a little bit more than 93 at that location, because it starts at seven feet. MAYOR SNYDER: Well, if it starts at seven, we're talking about a maximum of 97 feet, okay, 97. MR. height, GOLDSTEIN: The city can set the and whatever that particular -- the height is, we can live with, whatever existing a PEGGY ANN COOK & ASSOCIATES, INC. (305) 371-1884 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 height the city -- MR. BASS: Then you'll be removing a request for modification? MR. GOLDSTEIN: It would be modified only to the extent that the city makes a determination as to the existing height at the roof line of the Magnolia -- the other building. MR. BASS: Those are already approved, and you modified it to have that approved, but just live by the previous modification, which was to that height. MR. GOLDSTEIN: The difference is the base lines where you measure from. If we start at 7 feet on this site, because that's flood criteria, the other one was at 11, so there is probably a 4-foot difference. MR. BASS: You'll be seeking a modification in the amount of four feet? MR. GOLDSTEIN: Four-and-a-half, five feet. whatever exactly what makes sense. MR. MAYOR SNYDER: Maximum five feet, it is. It's not any set amount. It's the other height is, so that it all SHUBIN: But, again, as much 2 PEGGY ANN COOK & ASSOCIATES, INC. (305) 371-1884 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 precision as possible because, again, Mr. Grossman is in a very delicate position. MAYOR SNYDER: He's not in a delicate position because he's not agreeing to it except as an individual, and certainly not as a portion of Coronado in any way. And you're not agreeing to anything, speaking as an condominium. MAYOR individual, you're not go against but you're not opposing it. MR. GROSSMAN: Let the record show I'm individual and not speaking for the SNYDER: Absolutely, as an and they are not waiving anything, waiving anything. You're not going to it. You're not waiving any of your rights of that only potentially people. anything you want to do. MR. SHUBIN: Again, that's an decision Manny can make. If Manny wants to suffer -- He has to live with these MAYOR SNYDER: He's already made the -- (Discussion off the record.) MR. GROSSMAN: I will go along with that if they will agree that once they have this building built or start building it, they will not look for any modifications to this building for PEGGY ANN COOK & ASSOCIATES, INC. (305) 371-1884 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 the next years. -- for this project for the next 10 MAYOR SNYDER: Well, if the project doesn't interfere with Coronado, why do you care if they have something that comes up that they need for a park variance or something else on the west side of Country Club Drive? the Because no would have in time. apply for future. I'm speaking in terms of MR. GROSSMAN: seven-story building. MAYOR SNYDER: That particular building, there will be no things for five years, no request for any variance in the building, okay? MR. GOLDSTEIN: Now we have to talk. matter what we would have to do, we to go to public hearing at that point That's what he's saying, that we can't a public hearing at some point in the MR. SHUBIN: Absolutely. MAYOR SNYDER: A seven-story building, if you can't put in sufficient plans that will last for five years, you should get another architect. Excuse me. MR. GOLDSTEIN: limiting us from applying There is a condition for any changes to the PEGGY ANN COOK & ASSOCIATES, INC. (305) 371-1884 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 configuration of that building. Configuration of that height, is that what you are talking about? MAYOR SNYDER: No, any variance on that seven-story building will not be allowed for a five-year period from -- MR. GOLDSTEIN: We cannot apply for that five-year period. Can that be limited by a condition -- MR. WOLPIN: If you'll agree to that condition, it can. If you cover these -- MR. TRAURIG: Suppose we needed a handicap ramp, suppose we need an enclosure for the garbage bins? When you say don't think you really intended functional characteristics. no modification, I to limit those MR. SHUBIN: One, I would assume that when your architects draw the plans today, they are going to make necessary accomodations for garbage bins, ADA, all sorts of handicap compliance. What we're concerned about is the floor area ratio, the density, the number of rooms, the height. MR. TRAURIG: That I think we ought to be able to agree to talk aboutf lot coverage, floor area ratio. PEGGY ANN COOK & ASSOCIATES, INC. (305) 371-1884 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 height. ability this it, after C.O. there of rooms, MR. SHUBIN: Number of units. MR. TRAURIG: Number of units and Anything else? MR. SHUBIN: What else is there, width? MR. GOLDSTEIN: No, we have to have the to deal with the width in order to design appropriately. MAYOR SNYDER: That's after you design it's put on -- MR. TRAURIG: He's saying after we get a MR. WOLPIN: Once you get your C.O., will be no further change to height, number floor area ratio. MR. TRAURIG: I think that's fair. MAYOR SNYDER: Okay, agreed. Let's go. 6 PEGGY ANN COOK & ASSOCIATES, INC. (305) 371-1884 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATE STATE OF FLORIDA: SS: COUNTY OF DADE: I, KATHLEEN ELMORE, Registered Professional Reporter, State of Florida at Large, do hereby certify that I was authorized to and did report in shorthand the above and foregoing proceedings, and that thereafter my shorthand notes were transcribed and reduced to typewriting under my supervision; and that the pages numbered 1 through 16, inclusive, contain an excerpted computer-aided transcription of my shorthand notes taken therein. Done and signed this 12th day of September, 1996, in the City of Miami, County of Dade, State of Florida. KATHLEEN ELMORE, RPR 17 PEGGY ANN COOK & ASSOCIATES, INC. (305) 371-1884