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11-19-1996 CC Meeting Agenda
CITY OF AVENTURA COUNCIL AGENDA NOVEMBER 19, 1996 - 6 P.M. CITY COUNCIL Arthur I. Snyder, Mayor Arthur Berger, Vice Mayor Jay R. Beskin, Councilmember Ken Cohen, Councilmember Harry Holzberg, Councilmember Jeffrey M. Perlow, Councilmember Patricia Rogers-Libert, Councilmember Eric M. Soroka, City Manager Teresa M. Smith, City Clerk Weiss Serota & Helfman, City Attorney CITY OF AVENTURA WELCOME TO YOUR CITY COUNCIL MEETING We ara pleased that you have demonstrated an Interest in the City of Aventura by attending a City Council meeting. We hope you will attend mora of these meetings in the futura. GENERAL INFORMATION The City of Aventura wes Incorporated on November 7, 1995 and operates under the "Council - City Manager Plan." The City Council is comprised of six members and the Mayor selected by the residents of Aventura to serve as the City's governing body. It Is rasponsible for adopting policies of the City, passing ordinances, adopting resolutions, approving various development requests and adopting the budget. A City Manager is appointed by the City Council to serve as the administrative head of the government and provides recommendations to the City Council on policy issues. The City Council Meeting is a formal meeting of the members of the Council to transact City business. This business is conducted in a manner prescribed by resolution, laws and regulations which reduira formal actions and the following of specific proceduras. The AGENDA is a printed document that lists the order of business for the Council meeting. GENERAL RULES AND PROCEDURES Addressin.q Council - Members of the public may address the City Council on matters during the following portions of the AGENDA: Public Hearings, Other Business and Public Comments. Each person who addresses the Council shall step up to the speaker's podium and give his/her name and address. Public discussion is limited to three minutes maximum per person, however the Mayor may allow mora time. All questions from the public to the council shall be addressed through the Mayor. Public Comments - Individuals wishing to speak on matters not on the agenda but pertinent to the city may do so by signing In with the City Clerk prior to the meeting. The Mayor will racognize those persons who signed in under the agenda item "Public Comments." Decorum. Any person making Impertinent or slanderous remarks or who becomes boisterous while addressing the Council, shall be barred from further audience befora the Council by the Mayor, unless permlesion to continue or again address the Council be granted by the majority vote of the Council. No clapping, applauding, heckling or verbal outburst in support or opposition to a speaker or his or her ramarks shall be permitted, No signs or placards shall be allowed in the Council chambers. Persons exiting the Council chamber shall do so quietly. The above raprasents a summarization of the Comprahensive Council Meeting and Agenda Procedures Resolution. Copies of this resolution are available from the Office of the City Manager. CITY OF AVENTURA The City of Excellence City Council Arthur I. Snyder, Mayor Arthur Berger Jay R. Beskin Ken Cohen Harry Holzberg Jeffrey M. Perlow Patricia Rogers-Libert COUNCIL MEETING NOVEMBER 19, 1996 - 6 P.M. AGENDA COLUMBIA AVENTURA MEDICAL ARTS BUILDING 21110 BISCAYNE BOULEVARD SUITE 101 AVENTURA, FLORIDA 1. CALL TO ORDER 2., PLEDGE OF ALLEGIANCE 3. ZONING HEARINGS - SPECIALLY SET BY COUNCIL FOR 6 P.M. QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following 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 ORDINANCE 96-09 HEARING NUMBER: APPLICANT: LOCATION: REQUEST: 96-10-ACC-2 (96-281) CHABAD HOUSE OF NORTH DADE, INC. 21001 BISCAYNE BOULEVARD AVENTURA, FLORIDA (1)MODIFICATION OF RESOLUTION 5- ZAB-470-95 TO ALLOW FOR NOVEMBER 19, 1996 SUBMITTAL OF A REVISED PLAN SHOWING THE EXPANSION OF THE PREVIOUSLY-APPROVED RELIGIOUS FACILITY (2) SPECIAL EXCEPTION TO PERMIT THE EXPANSION OF THE PREVIOUSLY APPROVED RELIGIOUS FACILITY ONTO ADJACENT PROPERTY (3) NON-USE VARIANCE OF BUILDING HEIGHT REQUIREMENTS TO PERMIT THE PROPOSED RELIGIOUS FACILITY WITH A BUILDING HEIGHT OF 36' (35' MAXIMUM PERMITTED) (4) NON-USE VARIANCE OF LOT AREA AND LOT FRONTAGE REQUIREMENTS TO PERMIT THE PROPOSED RELIGIOUS FACILITY ON A PARCEL OF LAND WITH AN AREA OF 1.14 ACRES (2.5 ACRES MINIMUM REQUIRED) (.52 ACRE PREVIOUSLY APPROVED) AND A LOT FRONTAGE OF 80.85' (150' MINIMUM REQUIRED) (5) NON-USE VARIANCE OF PARKING REGULATIONS TO PERMIT PARKING AREAS WITHIN 25' OF THE OFFICIAL RIGHT-OF-WAY OF NE 30TM AVENUE (NOT PERMITTED) (6) NON-USE VARIANCE OF PARKING REQUIREMENTS TO PERMIT A TOTAL OF 66 PARKING SPACES (82 REQUIRED) (7) NON-USE VARIANCE OF SETBACK REQUIREMENTS TO PERMIT THE PROPOSED RELIGIOUS FACILITY TO SETBACK 1' (50' REQUIRED) FROM THE INTERIOR SIDE (NORTH) PROPERTY LINE AND SETBACK VARYING FROM 5' TO 5'2" (25' REQUIRED) FROM THE SIDE STREET (SOUTH) PROPERTY LINE (NE 210 STREET) (8) NON-USE VARIANCE OF ZONING REGULATIONS REQUIRING A HALF 2 NOVEMBER 19, 1996 SECTION LINE RIGHT~)F-WAY TO BE 70'; TO WAIVE SAME TO PERMIT 30' (35' REQUIRED) ALONG THE WEST SIDE OF NE 30 AVE OF THE SUBJECT PROPERTY. APPROVAL OF MINUTES: MOTION TO APPROVE MINUTES OF: COUNCIL WORKSHOP NOVEMBER 4, 1996 COUNCIL MEETING NOVEMBER 5, 1996 5. AGENDA: REQUEST FOR DELETIONS/EMERGENCY ADDITIONS 6. SPECIAL PRESENTATIONS: NONE 7. CONSENT AGENDA: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $10,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF OBLIGATIONS OF THE CITY TO FINANCE, ON AN INTERIM BASIS, (A) THE ACQUISITION OF CERTAIN REAL PROPERTY IN THE CITY TO BE USED FOR PUBLIC PARKS AND RECREATION, A CITY GOVERNMENT CENTER AND POLICE STATION AND (B) THE DESIGN, CONSTRUCTION, EQUIPPING AND INSTALLATION OF PUBLIC FACILITIES AND IMPROVEMENTS ON SUCH REAL PROPERTY; PLEDGING THE PROCEEDS RECEIVED BY THE CITY FROM THE LEVY OF ITS UTILITY TAX ON UTILITY SERVICES PROVIDED IN THE CITY TO SECURE PAYMENT OF THE OBLIGATIONS; PROVIDING FOR A COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON-AD VALOREM FUNDS TO PAY THE PRINCIPAL OF, REDEMPTION PREMIUM, IF ANY, AND INTEREST ON THE OBLIGATIONS IN THE EVENT THE PROCEEDS OF SUCH UTILITY TAX ARE INSUFFICIENT TO PAY THE DEBT SERVICE ON THE OBLIGATIONS, WHEN DUE; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. 3 NOVEMBER 19, 1996 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE NECESSARY AND EXPEDIENT ACTION TO OBTAIN FLORIDA POWER AND LIGHT FRANCHISE FEE REVENUES FROM METROPOLITAN DADE COUNTY; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA ESTABLISHING PROCEDURES FOR THE ISSUANCE OF PROCLAMATIONS; AND PROVIDING AN EFFECTIVE DATE. PUBLIC HEARINGS: ORDINANCES - SECOND READING: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA DESIGNATING THE CITY COUNCIL AS THE LOCAL PLANNING AGENCY FOR THE CITY OF AVENTURA; PROVIDING FOR TRANSMITTAL; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING A REQUIREMENT FOR ALL BUILDING CONTRACTORS CONDUCTING BUSINESS WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF AVENTURA TO REGISTER WITH THE CITY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 96-18, WHICH ORDINANCE ADOPTED A BUDGET FOR THE 1996/97 FISCAL YEAR BY REVISING THE 1996/97 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA ESTABLISHING AN INTERIM IMPACT FEE SCHEDULE FOR POLICE SERVICES; PROVIDING FOR LEGISLATIVE 4 NOVEMBER 19, 1996 FINDINGS; PROVIDING DEFINITIONS; PROVIDING FOR IMPACT FEES IN GENERAL; PROVIDING FOR IMPACT FEE COMPUTATION FORMULA; PROVIDING FOR EXEMPTIONS; PROVIDING FOR IMPACT FEE EXPENDITURES; PROVIDING FOR ESTABLISHMENT OF IMPACT FEE FUND; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. 9. RESOLUTIONS: NONE 10. OTHER BUSINESS: NONE 11. REPORTS: · MAYORAND COUNCIL · CITY MANAGER · CITY ATTORNEY 12. PUBLIC COMMENTS 13. ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS: MONDAY, DECEMBER 2, 1996 9 AM WORKSHOP MEETING* TUESDAY, DECEMBER 3, 1996 7 PM COUNCIL MEETING TUESDAY, DECEMBER 17, 1996 7 PM COUNCIL MEETING *Government Center, 2999 NE 19lSt Street Suite 500, Aventura, Florida In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 466-8901, not 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. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 2999 NE 191st Street, Suite 500, Aventura, Flodda, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 466-8901. 5 COUNCIL WORKSHOP MEETING NOVEMBER 4, 1996 - 9 A.M. AVENTURA GOVERNMENT CENTER 2999 NE 191sT STREET SUITE 500 AVENTURA, FLORIDA The meeting was called to order by Mayor Arthur I. Snyder at 9 a.m. Present were Councilmembers Arthur Berger, Jay R. Beskin, Ken Cohen, Harry Holzberg, Jeffrey M. Perlow, Vice Mayor Patricia Rogers-Libert, Mayor Arthur I. Snyder, City Manager Eric M. Soroka, City Attorney Richard Jay Weiss and City Clerk Teresa M. Smith. The following items were discussed: 1. Proposed Newsrack Regulation Ordinance. Gerald Budney, Esq., counsel for Miami Herald in attendance. This item to be rescheduled for discussion at December 2, 1996 workshop meeting and second reading of ordinance scheduled for December 3, 1996. 2. Council Meeting Agenda Questions. 3. Recognition of Incorporation Committee. Consensus of Council to have a dinner open to the public in January, 1997 to honor Incorporation Committee. Cost of tickets for honorees, Council and administration only to be borne by the City. 4. Request to Rename 187th Street. Consensus of Council to take no action. 5. Other Business. None 6. Reports. Items discussed included the Planning and Zoning Advisory Board (consensus of Council to proceed with second reading of ordinance establishing this Board); newsletter; contribution to "Friends of the Library"; feasibility of City taking over library; safety on the exemise paths; televising Council meetings; possibility of renaming Biscayne Boulevard "Aventura Parkway" and Town Hall meetings. There being no further discussion, the meeting adjourned. Appreved by Council on Teresa M. Smith, CMC, City Clerk MINUTES CITY COUNCIL MEETING CITY OF AVENTURA, FLORIDA TUESDAY, NOVEMBER 5, 1996 - 6 P.M. COLUMBIA AVENTURA MEDICAL ARTS BUILDING 21110 BISCAYNE BOULEVARD SUITE 101 AVENTURA, FLORIDA 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Snyder at 6 p.m. Present were Councilmembers Arthur Berger, Jay R. Beskin, Ken Cohen, Harry Holzberg, Jeffrey M. Perlow, Vice Mayor Patricia Rogers-Libert, Mayor Arthur I. Snyder, City Manager Eric M. Soroka, City Attorneys Stephen J. Helfman, David M. Wolpin, Richard Jay Weiss and City Clerk Teresa M. Smith. (Messrs. Wolpin and Weiss arrived at 6:45 p.m.) As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Roy Cohn led the pledge of allegiance. ZONING HEARINGS - SPECIALLY SET BY COUNCIL FOR 6 P.M. Pursuant to the request of Mr. Soroka, a motion to continue Item 3.D. to November 19, 1996 was offered by Vice Mayor Rogers-Libert, seconded by Councilmember Perlow and unanimously passed. B. (Taken out of order) As a condition of zoning approval for Hearing Number 96-6-ACC-1 (95-541), the applicant, Town Tavern of Aventura, Inc. and Hooters Of Aventura, Inc., requested approval of a landscape plan. Mayor Snyder opened the public hearing. Kit Klingensmith, representative of the applicant, and Jaye Epstein, Community Development Director, addressed Council relative to this request. Mayor Snyder closed the public hearing after completion of all presentations in accordance with Ordinance 96-09. After discussion, a motion was offered by Councilmember Beskin, seconded by Vice Mayor Rogers-Libert and unanimously passed to continue this hearing until November 19, 1996, pending applicant's submittal of a revised landscape plan, which plan would also be reviewed by the City's Landscape Architect. A. As a condition of zoning approval for Hearing No. 96-4-35 (95-336), the applicant, Aventura Acquisition Corp., requested approval of a landscape plan. Councilmember Beskin reiterated his potential conflict of interest for the reason that the property which is tlie subject of this zoning hearing is at the building in which the law firm of which he is a partner is located and the name of the law firm is to appear on one or more signs requested in this application. He absented himself from the proceedings and thus did not participate in or vote on this matter. Mayor Snyder opened the public hearing. Stanley Price, Esq., 701 Brickell Avenue, representative of the applicant, addressed Council. There being no further speakers, the public hearing was closed upon completion of all presentations in accordance with Ordinance No. 96-09. A motion to approve the landscape plan was offered by Vice Mayor Rogers-Libert, seconded by Councilmember Holzberg and unanimously passed (6-0, with Councilmember Beskin abstaining). C. Hearing Number 96-7-ACC-1 (95-660). The applicant, Turnberry Country Club, requested: (1) modification of previously approved 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 required); (3) unusual use to permit outdoor dining; (4) modification of the Aventura Criteria Book; and (5) 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' long. Mayor Snyder opened the public hearing. Joseph Goldstein, Esq., representing the applicant, addressed Council and submitted for the record revised plans dated October 10, 1996. The following individuals addressed Council relative to this application: Bruce Brosch, 2600 Douglas Road, Architect for the applicant; Jeff Bass Esq., 46 SW 1st Street; Manny Grossman, 20301 West Country Club Drive, and Jens Grafe, Turnberry. Thero being no further speakers and upon completion of all presentations in accordance with Ordinance No. 96-09, the public hearing was closed. A motion to approve the request, as modified, subject to conditions as set forth by City and County staff and approved by Council, including the construction schedule as submitted by the applicant, was offered by Councilmember Beskin, seconded by Vice Mayor Rogers- Libert and unanimously passed. 7. SPECIAL PRESENTATIONS: (Taken out of order) A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA BEAUTIFICATION ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE. Mayor Snyder introduced the appointees to the Beautification Advisory Board, as follows: Janice Albin, Richard Brooks, Bob Diamond, Dr. Henry Diamond, Pat Richardson, Fanny-Fraynd Singer and Ruby Steiner. A motion to adopt a resolution approving the appointees was offered by Vice Mayor Rogers-Libert, seconded by Councilmember Perlow, unanimously passed and Resolution No. 96- 47 was adopted. B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA RECREATION AND CULTURAL ARTS ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE. Mayor Snyder introduced the appointees to the Recreation and Cultural Arts Advisory Board, as follows: Rhoda Bernstein, Ruth Demming, Dr. Joseph Hardy, William W. Heiberger, Irving Kanowitz, Janet Laine, and Donna Miller. A motion to adopt a resolution approving the appointees was offered by Vice Mayor Rogers- Libert, seconded by Councilmember Perlow, unanimously passed and Resolution No. 96-48 was adopted. D. Hearing Number 96-10-ACC-2 (96-28'1) Continued. E. Hearing Number 96-11-ACC-1 (96-203). The applicant, P.C.T. Biscayne Boulevard, requested: (1) modification of previously-modified covenant; (2) modification of Resolution 4-ZAB-71-91, modified by Resolution 4-ZAB-156-92 and last modified by Resolution 4-ZAB-325-93 to allow the applicant to submit new plans showing the proposed expansion; (3) non-use variance of landscaped open space requirements to permit the proposed landscaped open space area of 12.02% (13.5% required); (4) non-use variance of parking requirements to permit 1,909 parking spaces (1,930 parking spaces required) previously approved 1,398 parking spaces (1,567 parking spaces required); and (5) special exception of spacing requirements as applied to alcoholic beverage uses to permit a wine bar & cigar store to be spaced less than the required 1,500' from other existing alcoholic beverage uses and spaced less than 2,500' from a school and religious facility. Mayor Snyder opened the public hearing. Judith Berk, Esq., 201 Biscayne Boulevard, representing the applicant, addressed Council and advised that the applicant withdraws requests nos. 3 and 4. Mr. Al Torres, Metropolitan Dade County, addressed Council. There being no further speakers, the public hearing was closed upon completion of all presentations in accordance with Ordinance No. 96-09. A motion to approve the request, including the request to withdraw items 3 and 4, was made by Councilmember Perlow, seconded by Vice Mayor Rogers- Libert and unanimously passed. F. Hearing Number 96-11-ACC-2 (96-383). The applicant, Aventura Commons Associates, Ltd., requested a special exception of spacing requirements as applied to alcoholic beverage uses to permit a proposed package liquor store in a shopping center spaced less than the required 1,500' from another existing liquor establishment and spaced less than the required 2,500' from an existing religious facility. Mayor Snyder opened the public hearing. Jeff Bercow, Esq., 200 South Biscayne Boulevard; Eric Kelly, on behalf of the applicant; and Lionel Socolov, 3530 Mystic Point Drive, addressed Council. There being no further speakers, the public hearing was closed upon completion of all presentations in accordance with Ordinance No. 96-09. A motion was offered by Councilmember Cohen, and seconded by Vice Mayor Rogers-Libert to approve the request, subject to the conditions as set forth by City and County staff and approved by Council, including the condition that the closing hour be 10 p.m. Monday thru Saturday except from December 18th - January 1st of each year at which time closing will be 11 p.m., or as otherwise provided by law. The closing hour on Sunday shall be 9 p.m., or as otherwise provided by law. The motion passed unanimously. (At this time, Council recessed for five minutes) 4. MOTION TO APPOINT VICE MAYOR. A motion to appoint Arthur Berger as Vice Mayor was offered by Councilmember Rogers-Libert, seconded by Councilmember Holzberg and unanimously passed. 5. APPROVAL OF MINUTES: A motion was offered by Councilmember Rogers- Libert and seconded by Councilmember Cohen to approve the minutes of the October 14, 1996 Workshop Meeting and October 16, 1996 Council Meeting, subject to the City Clerk's review of the October 16th minutes for possible inclusion of a motion relative to the enactment of the BellSouth Telecommunications ordinance. The motion passed unanimously. AGENDA: Councilmember Rogers-Libert requested continuance of Agenda Item 9.A. to the Council meeting of December 3, 1996. The motion was seconded by Councilmember Beskin and unanimously passed. Councilmember Berger requested removal of Agenda Item 8.F from the Consent Agenda. Councilmember Beskin requested removal of Agenda Item 8.1. from the Consent Agenda. 8. CONSENT AGENDA: Mr. Weiss read the title of Agenda Items 8.H., 8.J. and 8.K. A motion to approve the Consent Agenda was offered by Councilmember Cohen, seconded by Councilmember Rogers-Libert and unanimously passed. Thus, the following action was taken: A. Resolution No. 96-49 was adopted as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 15414.13 STORMWATER MANAGEMENT UTILITY AND WORK AUTHORIZATION NO. '15414.08 PHASE '1 PRIMARY GIS DATA BASE FOR PROFESSIONAL ENGINEERING SERVICES BY AND BETWEEN THE CITY OF AVENTURA AND KEITH AND SCHNARS, P.A.; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 96-50 was adopted as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED SUBORDINATION OF CITY UTILITY INTERESTS FOR PARCEL NO. 103.5R AND SUBORDINATION OF CITY UTILITY INTERESTS FOR PARCEL NO. 103.4R BY AND BETWEEN THE CITY OF AVENTURA AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 96-51 was adopted as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, ADOPTING "THE CITY OF EXCELLENCE" AS THE CITY OF AVENTURA'S SLOGAN; AND PROVIDING FOR AN EFFECTIVE DATE. Resolution No. 96-52 was adopted as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED CONTRACT FOR PROFESSIONAL LEGISLATIVE RELATIONS AND LOBBYING SERVICES BE'FWEEN THE CITY OF AVENTURA AND RONALD L. BOOK, ESQ. AND PROVIDING AN EFFECTIVE DATE. Resolution No. 96-53 was adopted as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA ADJUSTING THE 1995/96 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. G. Resolution No. 96-54 was adopted as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY BY AND BETWEEN THE CITY OF AVENTURA AND LOLA THOMAS, TRUSTEE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. The following ordinances were passed on first reading: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA DESIGNATING THE CITY COUNCIL AS THE LOCAL PLANNING AGENCY FOR THE CITY OF AVENTURA; PROVIDING FOR TRANSMITTAL; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 96-18, WHICH ORDINANCE ADOPTED A BUDGET FOR THE 1996/97 FISCAL YEAR BY REVISING THE 1996197 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA ESTABLISHING AN INTERIM IMPACT FEE SCHEDULE FOR POLICE SERVICES; PROVIDING FOR LEGISLATIVE FINDINGS; PROVIDING DEFINITIONS; PROVIDING FOR IMPACT FEES IN GENERAL; PROVIDING FOR IMPACT FEE COMPUTATION FORMULA; PROVIDING FOR EXEMPTIONS; PROVIDING FOR IMPACT FEE EXPENDITURES; PROVIDING FOR ESTABLISHMENT OF IMPACT FEE FUND; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. L. The following motion was passed: MOTION TO APPROVE LEASE PROPOSAL FOR POLICE DEPARTMENT AT AVENTURA SHOPPING CENTER 2960 AVENTURA BOULEVARD IN ACCORDANCE WITH CITY MANAGER'S RECOMMENDATION. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA SELECTING THE FIRM OF NABORS, GIBLIN & NICKERSON, P.A. TO SERVE AS BOND COUNSEL; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT; AGREEING TO THE SCOPE OF SERVICES AND FEES CONTAINED IN SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. After extensive discussion as to the selection process, a motion to reject the recommendation of Administration and to direct the City Manager to make a recommendation from those firms ranked 2, 3 and 4 was offered by Vice Mayor Berger. The motion died for lack of a second. A motion to adopt the resolution was offered by Councilmember Perlow and seconded by Councilmember Rogers-Libert. The motion passed 5-2, with Vice Mayor Berger and Mayor Snyder voting no and Resolution No. 96-55 was enacted. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING A REQUIREMENT FOR ALL BUILDING CONTRACTORS CONDUCTING BUSINESS WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF AVENTURA TO REGISTER WITH THE CITY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. Councilmember Beskin suggested that the terms "Contractor" and "Qualifier" be clarified in the ordinance prior to second reading. A motion to approve the ordinance on first reading was offered by Councilmember Perlow, seconded by Councilmember Rogers-Liber[ and unanimously passed. 9. PUBLIC HEARINGS: ORDINANCE - SECOND READING: Continued 10. RESOLUTIONS: NONE 11. OTHER BUSINESS: A motion was offered by Councilmember Cohen, seconded by Councilmember Rogers-Libert and unanimously passed that any member of the City Council can request that a proclamation be issued so long as it is with the knowledge and consent of the City Council; and that if the proclamation is to be issued other than at an Aventura City Council meeting, the members of the City Council are to be given 72 hours' advance notice of the time and location of the issuance of the proclamation. 12. REPORTS: Topics of discussion included Council Committee assignments, Founders Day activities, the Aventura Update Newsletter, review of landscaping plans by the City Architect, Florida League of Cities' Legislative Conference, agenda format and summary of recent workshops. 13. PUBLIC COMMENTS: The following individuals addressed Council: Jacob Gelfand, Biscayne Lake Gardens; George Feffer, 2851 NE 183rd Street; and Lionel Socolov. 14. ADJOURNMENT. There being no further business to come before Council, after motion made, seconded and unanimously passed, the meeting was adjourned. Teresa M. Smith, CMC, City Clerk Approved by Council on 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 OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council y~n~ Eric M. Soroka, Cit November 15, 1996 ~ Ordinance Authorizing $10,000,000 Debt Acquisition and Construction of Facilities Obligation for Land Reading: November 19, 1996 Council Meeting Agenda Item 2nd Reading: December 3, 1996 Council Meeting Agenda Item __ Recommendation It is recommended that the City Council adopt the attached Ordinance authorizing the issuance of $10,000,000 debt obligation to finance, on an interim basis, the acquisition of property to be used for parks, government center and police station and the design and construction of such facilities. This Ordinance authorizes the City to obtain a short term bank loan/line of credit. The bank loan would be paid off when the City issues a long term Revenue Bond in the future. Backqround The City Charter requires that the City Council authorize the borrowing of money by Ordinance. The City's bond counsel has prepared the attached Ordinance. The Ordinance authorizes the issuance of $10,000,000 in debt. The actual designation of each obligation (i.e. bank loan/letter of credit) will be made by Resolution of the City Council. At this time, the City has entered into contracts for the purchase of two pamels of land totaling $6,000,000. The remaining amount could be utilized to purchase a site for the police station, pay for the services of an architect to design the facilities and/or begin construction of the facilities. The debt service will be paid by utilizing Utility Tax revenues. In the unlikely event that the Utility Tax revenues are not sufficient, the City may agree to utilize non-ad valorem revenue to pay the debt service. The Ordinance precludes the City from utilizing ad valorem taxes to pay debt service costs. As previously advised, the City has issued a Request for Proposal (RFP) to obtain a bank loan/line of credit. The bank loan responses are due November 18, 1996 and will be awarded at the December 3, 1996 Council meeting. Feasibility Study Section 4.10 of the City Charter states that the City shall incur no debt unless approved by five Councilmembers and provided the Council has first received and reviewed a feasibility study from the City Manager and Chief Financial Officer of the City concluding that sufficient revenues are available to repay the indebtedness and the funds are being borrowed for a valid public purpose. Budget estimates for 1996/97 indicate that there will be a total of $3,480,000 available from all Utility Tax revenue sources. There are three (3) possible methods that should be addressed as to the availability of revenue to insure debt payments as follows: 1. The bank loan/line of credit of $10,000,000 will be repaid and eliminated at the time the City issues the long term Revenue Bond in an amount in excess of $10,000,000. The estimated annual debt service on a Revenue Bond amortized for 20 years would be approximately $900,000. 2. The annual debt service for the bank loan/line of credit if the City was required to pay interest only is estimated at $600,000. 3. The annual debt service for the bank loan/line of credit if the City was required to pay interest and principal, assuming the same amortization schedule as the Revenue bond method, would be $900,000. Based on the foregoing, it is my professional opinion, as well as that of the Finance Support Services Director, that there are sufficient revenues available now and in the future to repay the indebtedness. Additionally, we also conclude that use of the funds to acquire real property for a park, government center and police station, as well as the design and construction of such facilities, is a valid public purpose. If you have any questions, please feel free to contact me. EMS/tms attachment CC0160-96 ORDINANCE NO. 96- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $10,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF OBLIGATIONS OF THE CITY TO FINANCE, ON AN INTERIM BASIS, (A) THE ACQUISITION OF CERTAIN REAL PROPERTY IN THE CITY TO BE USED FOR PUBLIC PARKS AND RECREATION, A CITY GOVERNMENT CENTER AND POLICE STATION AND (B) THE DESIGN, CONSTRUCTION, EQUIPPING AND INSTALLATION OF PUBLIC FACILITIES AND IMPROVEMENTS ON SUCH REAL PROPERTY; PLEDGING THE PROCEEDS RECEIVED BY THE CITY FROM THE LEVY OF ITS UTILITY TAX ON UTILITY SERVICES PROVIDED IN THE CITY TO SECURE PAYMENT OF THE OBLIGATIONS; PROVIDING FOR A COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON-AD VALOREM FUNDS TO PAY THE PRINCIPAL OF, REDEMPTION PREMIUM, IF ANY, AND INTEREST ON THE OBLIGATIONS IN THE EVENT THE PROCEEDS OF SUCH UTILITY TAX ARE INSUFFICIENT TO PAY THE DEBT SERVICE ON THE OBLIGATIONS, WHEN DUE; PROVIDING SEVERABILITY AND AN EFFECTIVE DATE. NOW, TIIEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: SECTION 1. DEFINITIONS. When used in this Ordinance, the following terms shall have the following meanings, unless some other meaning is plainly intended: "City" shall mean the City of Aventura, Florida, a municipal corporation established by the State of Florida. "Cost" or Costs," as the same relates to a Project, shall mean (1) the cost of physical construction, reconstruction or completion; (2) the cost of acquisition or purchase; (3) the cost of all labor, materials, machinery and equipment; (4) the cost of land and interests thereto, property rights, easements and franchises of any nature whatsoever; (5) the cost of any indeinnity and surety bonds and premiums for insurance during construction; (6) all interest due to be paid on the Obligations and any other obligations relating to a Project during the period of construction and for such period of time subsequent to completion of acquisition and construction as the Council deems appropriate; (7) engineering, financial, legal and other consultant fees and expenses; (8) the cost of plans and specifications, construction plans, surveys and estimates of costs; (9) costs and expenses of audits, fees and expenses of any paying agent, registrar, trustee, issuer of a credit facility or a liquidity facility, insurance company or depositmy; (10) payments, when due (whether at the maturity or principal or the due date of interest or upon redemption) on any interim or temporary indebtedness incurred for any portion of a Project; (1 I) costs and expenses related to the issuance of the Obligations or other indebtedness related to a Project; and (12) any other costs and expenses properly attributable to acquisition or construction of a Project, and such other expenses as may be necessary or incidental to the issuance of the Obligations; and shall include reimbursement to the City or any other person, firm or corporation for any moneys advanced for any costs incurred by the City or such person, furn or corporation in connection with any such items of costs. The Resolution may provide for additional items to be included in the aforesaid Costs. "Council" shall mean the City Council of the City of Aventura, Florida. "Non-Ad Valorem Funds" shall mean all revenues of the City derived from any source whatsoever other than ad valorem taxation on real or personal property, which are legally available to make the payments required herein, but only after provision has been made by the City for the payment of all essential or legally mandated services. "Obligations" shall mean the bonds, notes, certificates or other evidence of indebtedness issued by the City pursuant to this Ordinance. "Pledged Revenues" shall mean with respect to any Project (1) amounts deposited in the funds and accounts established for the benefit of the holders of the Obligation or Obhgations issued to finance such Project, including any investment earnings thereon, other than the rebate account, if any; and (2) the Utility Tax Revenues. "Projects" shall mean those capital improvement projects set forth in the plans and specifications on file or to be on file with the City, as the same may be modified or amended from time to time. A general description of the Projects is provided in Exhibit A attached hereto. "Resolution" shall mean the resolution or resolutions of the Council detailing the terms, forms and other provisions of the Obligations, including the flow of funds and various covenants and resthctions relating to the security on the Obligations. "Utility Tax Ordinance'* shall mean City Ordinance 96-03 adopted by the City on May 7, 1996, as amended, and any successor instrument thereto. 2 "Utility Tax Revenues" shall mean the revenues received by the City from the levy ora utility tax on utility services within the City in accordance with Section 166.231, Florida Statutes, and the Utility Tax Ordinance. The words "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms shall refer to this Ordinance. Words importing the singular number include the plural number, and vice versa. SECTION 2. FINDINGS. The Council hereby finds and determines that: (A) The City has various infraslrucmre needs and requirements in the form of the Projects which must be constructed and acquired in order to maintain and protect the health, welfare and safety of the citizens of the City. (B) The most efficient and cost-effective method of financing the acquisition and construction of the Projects is by the issuance of the Obligations secured by the Pledged Revenues and the Non-Ad Valorem Funds as provided herein. (C) The principal of, redemption premium, if any, and interest on the Obligations shall be paid from the Pledged Revenues or the Non-Ad Valorem Funds, or any combination thereof, unless otherwise paid by such entity as shall provide credit enhancement, if any, on the Obligations. The City shall never use or be required to use any ad valorem taxes for the payment of the Obligations. The Obligations shall not constitute a direct obligation of the City or a pledge of its faith and credit, nor shall the holders of the Obligations have any lien or encumbrance on any property in the City, including the Projects. SECTION 3. AUTHORIZING THE ACQUISITION AND CONSTRUCTION OF THE PROJECTS. The Council hereby authorizes and empowers the acquisition and construction of the Projects. SECTION 4. ISSUANCE OF THE OBLIGATIONS. The Obligations are hereby authorized to be issued in an original principal amount of not exceeding $10,000,000. The Obligations may be issued at one or more times. The particular designation of each Obligation may be made by a Resolution. The Obligations shall be issued for the principal purposes of (A) paying all or a portion of the Cost of the Projects, (B) establishing debt service reserves, if deemed necessary by the Council, and (C) paying costs and expenses of issuing the Obligations. The principal of, redemption premium, if any, and interest on the Obligations shall be payable solely from the Pledged Revenues and/or the Non-Ad Valorem Funds, or any combination thereof, as provided herein and in the applicable Resolution(s). 3 The Obligations shall be dated such date or dates, shall bear interest at such rate or rates, shall mature at such time or times and in such amount or amounts as may be determined by Resolution, and may be redeemable before maturity, at the option of the City, at such price or prices and under such terms and conditions as may be fixed by Resolution. The COuncil shall determine by Resolution the form of the Obligations, the manner of executing such Obligations, and such other terms and provisions of the Obligations as it deems appropriate. The Obligations may bear interest at a fixed or variable rate, as shall be determined by Resolution. In case any officer whose signature or a facsimile of whose signature shall appear on any Obligation shall cease to be such officer before the delivery of such Obligation, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as if he or she had remained in office until such delivery. The Council may sell the Obligations in such manner and for such price as it may determine by Resolution to be in the best interests of the City. The Obligations may be further secured by any credit enhancement as the Council by Resolution deems appropriate. The Obligations may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions or things which are specifically required by this Ordinance. The proceeds of the Obligations shall be disbursed in such manner and under such restrictions, if any, as may be provided by Resolution. The Obligations shall be further secured by the corresponding Resolution(s) which may include, but without limitation, provisions as to the rights and remedies of the holders of the Obligations, the application of funds and such other matters as are customarily in such an instrument. The Resolution may provide for the City entering into one or more loan or other financing agreements with the purchaser(s) of the Obligations. SECTION 5. COVENANT TO BUDGET AND APPROPRIATE. The City may covenant and agree pursuant to a Resolution to appropriate in its annual budget, by amendment, if necessary, from Non-Ad Valorem Funds lawfully available in each fiscal year, amounts sufficient to pay the principal of, redemption premium, if any, and interest on any Obligation when due each fiscal year to the extent that the Utility Tax Revenues are not sufficient for such purpose. Such covenant and agreement on the part of the City to budget and appropriate such amounts of Non-Ad Valorem Funds, if any, shall be cumulative to the extent not paid, and shall continue until such Non-Ad Valorem Funds or other legally available funds in amounts sufficient to make all such required payments shall have been budgeted, appropriated and actually paid. Notwithstanding the foregoing, the City shall not covenant to maintain any services or programs, now provided or maintained by the City, which generate Non-Ad Valorem Funds. 4 Such covenant to budget and appropriate shall not create any lien upon or pledge of such Non-Ad Valorem Funds, nor shall it preclude the City from pledging in the future its Non-Ad Valorem Funds, not shall it require the City to levy and collect any particular Non- Ad Valorem Funds, nor shall it give the holders of any Obligations a prior claim on the Non- Ad Valorem Funds as opposed to claims of general creditors of the City. Such covenant to appropriate Non-Ad Valorem Funds shall be subject in all respects to the payment of obligations secured by a pledge of such Non-Ad Valorem Funds heretofore or hereafter entered into (including the payment of debt service on bonds and other debt insmunents). However, the covenant to budget and appropriate in its general annual budget for the purposes and in the manner stated herein and in such Resolution shall have the effect of making available for the payment of the Obligations in the manner described herein and in such Resolution Non-Ad Valorem Funds and placing on the City a positive duty to appropriate and budget, by amendment, if necessary, amounts sufficient to meet its obligations hereunder and thereunder; subject, however, in all respects to the restrictions of Section 166.241(3), Florida Statutes, which provides, in part, that the governing body of each municipality make appropriations for each fiscal year which, in any one year, shall not exceed the amount to be received from taxation or other revenue sources; and subject, further, to the payment of services and programs which are for essential public purposes of the City or which are legally mandated by applicable law. SECTION 7. TAXING POWER NOT PLEDGED. The Obligations issued under the provisions of this Ordinance shall not be deemed to constitute a pledge of the faith and credit of the City, but the Obligations shall be payable from the Pledged Revenues or the Non-Ad Valorem Funds in the manner provided herein and the Resolution, unless otherwise paid by such entity as shall provide credit enhancement on the Obligations. The issuance of the Obligations under the provisions of this Ordinance shall not directly, indirectly or contingently obligate the City to levy or to pledge any form of ad valorem taxation whatever therefore. The holder of the Obligations shall never have the right to compel any exercise of the ad valorem taxing power on the part of the City to pay any the Obligations or the interest thereon against any property of the City, nor shall the Obligations constitute a charge, lien or encumbrance, legal or equitable, upon any properly of the City, except the Pledged Revenues. SECTION 7. REMEDIES OF HOLDERS OF OBLIGATIONS. The holders of the Obligations, except to the extent the rights herein given may be restricted by the Resolution, may, whether at .law or in equity, by suit, action, mandamus or other proceeding, protect and enforce any and all rights under the laws of the State of Florida or granted hereunder or under the Resolution, and may enforce and compel the performance of all duties required hereby, or by such Resolution, to be performed by the City. SECTION 8. ALTERNATIVE METItOD. This Ordinance shall be deemed to provide an additional and alternative method for the doing of things authorized hereby and 5 shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing or which may hereafter come into existence. This Ordinance, being necessary for the welfare of the inhabitants and/or property owners of the City, shall be liberally construed to effect the purposes hereof. Section 9. 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. This Ordinance shall take precedence over any other ordinance or resolution of the City to the extent of any conflict or inconsistency therewith. Section 10. Effective Date. This Ordinance shall be effective 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 Jay R. Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey M. Perlow Councilmember Patricia Rogers-Libert Vice Mayor Arthur Berger 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 Jay R. Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey M. Pedow Councilmember Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 5t~ day of November, 1996 PASSED AND ADOPTED on second reading this day of December, 1996. ATFEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC, CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY EXHIBIT A DESCRIPTION OF THE PROJECTS Complete descriptions of the Projects are set forth in the plans, specifications and records of the City. A general description of the Projects is as follows: Land. The purchase of real property within the City to be used for man/cipal pulposes such as (i) parks and recreation and (ii) thc location of other City facilities including, without limitation, a City administrative complex and police station. Buildings and Other Improvements. The acquisition, construction, equipping and installation of improvements on or to the real property described above including, without limitation, municipal parks and facilities to house City government and police. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council ~ Resolution Authorizing the Collection of Florida Power & Light Franchise Fee Revenues from Metropolitan Dade County November 19, 1996 City Council Agenda Item In accordance with Council's direction at the Workshop Meeting on November 4, 1996, attached hereto is a Resolution authorizing the City Manager and City Attorney to take whatever action is necessary to pursue collection of the Florida Power & Light franchise fees from Metropolitan Dade County. Should you have any questions, please feel free to contact me. EMS/tms attachment RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE ANY AND ALL NECESSARY AND EXPEDIENT ACTION TO OBTAIN FLORIDA POWER AND LIGHT FRANCHISE FEE REVENUES FROM METROPOLITAN DADE COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Florida Power and Light franchise fees have traditionally been a revenue source available to local governments in Metropolitan Dade County, Florida; and WHEREAS, Metropolitan Dade County has authorized all cities incorporated prior to November 7, 1995 to receive Florida Power & Light franchise fee revenues; and WHEREAS, revenues derived from Florida Power & Light franchise fees are necessary for the City to provide services to the citizens of the City of Aventura; and WHEREAS, the City Council of the City of Aventura is desirous of taking whatever action is necessary to insure that the City receives the amount of franchise fee revenues to which it is rightfully entitled. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager and City Attorney are hereby authorized to take any and all necessary and expedient action to collect Florida Power & Light franchise fees from Metropolitan Dade County to which the City of Aventura is rightfully entitled. Section 2. The City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Councilmember adoption. The motion was seconded by Councilmember to a vote, the vote was as follows: , who moved its , and upon being put Councilmember Jay R. Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey M. Perlow Councilmember Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder PASSED AND ADOPTED this 19th day of November, 1996. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EMS~ms CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council ~ Resolution Establishing Procedures Proclamations for the Issuance of November 19, 1996 City Council Agenda Item ri'_ ~ As per the City Council's direction at the November 5, 1996 Council meeting, attached is a Resolution establishing procedures for the issuance of proclamations. If you have any questions, please feel free to contact me. EMS/tms CC0157-96 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, PROCEDURES FOR PROCLAMATIONS; AND DATE. FLORIDA ESTABLISHING THE ISSUANCE OF PROVIDING AN EFFECTIVE WHEREAS, this Council wishes to provide for procedures for the issuance of proclamations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section '1. The City Council hereby establishes the following procedures for the issuance of proclamations by the Mayor and City. A. Any member of the City Council may request that a proclamation be issued so long as it is with the knowledge and consent of a majority of the City Council. The matter will be considered under the "Other Business" section of the City Council meeting agenda. B. If the proclamation is to be issued other than at a Council meeting, the members of the City Council shall be given at least 72 hours' advance notice of the time and location of the issuance of the proclamation. Section 2. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Councilmember , who 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 Jay R. Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey M. Pedow Councilmember Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder PASSED AND ADOPTED this 19th day of November, 1996. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EMS~ms CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council ~" Eric M. Soroka, City//M/(/a,l~ er October 17, 1996 Ordinance Designating the Agency (LPA) City Council as the Local Planning Ist Reading November 5, 1996 City Council Meeting Agenda Item 2nd Reading November 19, 1996 City Council Meeting Agenda Item Recommendation It is recommended that the City Council approve the attached Ordinance, which designates the City Council as the local planning agency, as required by State Statute Chapter 163. It is further recommended that the City Manager be authorized to properly notify all appropriate parties of this action, as required by statute. Back.qround Chapter 163 of the Florida Statutes requires that newly formed municipalities "...within 1 year after incorporation, establish a local planning agency...." The state mandated responsibilities of the LPA include: 1. The preparation of the comprehensive plan or plan amendments; 2. Review of proposed land development regulations; and, 3. Any other functions, duties, and responsibilities assigned by the governing body (City Council). The Statute also provides for the LPA to be either the governing body (City Council), the local planning commission (Planning and Zoning Board), or the planning department of the local government (Community Development Department). While the Council has on several occasions discussed the roles and responsibilities which they wish to delegate to the Planning and Zoning Board, a final decision has not yet been made. However, at this time, the City finds itself in the position of needing to comply with state statute, while discussions regarding the ultimate role of the Planning Memo to City Council Page 2 and Zoning Board are still not fully crystallized. As result of this situation, I believe that it would be prudent for the City Council to designate itself as the LPA. This designation can be revisited by the Council at any time. Therefore, if the Council wishes to, in the future, delegate these functions to the Planning and Zoning Board, or some other entity, they retain their discretion to do so. If you have any questions, please feel free to contact me. EMS/ne Attachment CC0139-96 Ch. 163 INTERGOVERNMENTAL PROGRAMS Such joint agreement shall be formally stated and approved in appropriate official action by the governing bodies involved. (2) A county shall exemise authority under this act for the total unincorporated area under its jurisdiction or in such unincorporated areas as are not included in any joint agreement with municipalities established under the provisions of subsection (1). In the case of chartered counties, the county may exercise such authority over municipalities or districts within its boundaries as is pro- vided for in its charter. (3) Combinations of municipalities within a county, or counties, or an incorporated municipality or munici- palities and a county or counties, or an incorporated municipality or municipalities and portions of a county or counties may jointly exercise the powers granted under the provisions of this act upon formal adoption of an offi- cial agreement by the governing bodies involved pursu- ant to law. No such official agreement shall be adopted by the governing bodies involved until a public hearing on the subject with public notice has been held by each governing body involved. The general administration of any joint agreement shall be governed by the provisions of s. 163,01 except that when there is conflict with this act the provisions of this act shall govern, 163.3174 Local planning agency.-- (1) The governing body of each local government, individcally or in combination as provided in s. 163.3171, shall designate and by ordinance establish a ~local plan- ning agency,' unless the agency is otherwise estab- lished by law. The governing body may designate itself as the local planning agency pursuant to this subsec- tion. The governing body shall notify the state land plan- ning agency of the establishment of its local planning agency. All local planning agencies shall provide oppor- tunities for involvement by district school boards and applicable community college boards, which may be accomplished by formal representation, membership on technical advisory committees, or other appropriate means. The local planning agency shall prepare the comprehensive plan or plan amendment after hearings to be held after public notice and shall make recommen- dations to the governing body regarding the adoption or a.mendment of the plan. The agency may be a local plan- ning commission, the planning department of the local government, or other instrumentality, including a countywide planning entity established by special act or a council of Icoal government officials created pursuant to s. 163.02, provided the composition of the council is fairly representative of all the governing bodies in the county or planning area; however: (a) If a'joint planning entity is in existence on the effective date of this act which authorizes the governing bodies to adopt and enforce a land use plan effective throughout the joint planning area, that entity shall be the agency for those local governments until such time as the authority of the joint planning entity is modified by law. (b) In the case of chartered counties, the planning responsibility between the county and the several municipalities therein shall be as stipulated in the char- ter. (2) Nothing in this act shall prevent the governing body of a local government that participates in creating a local planning agency serving two or more jurisdictions from continuing or creating its own local planning agency. Any such governing body which continues or creates its own local planning agency may designate which local planning agency functions, powers, and duties will be portormed by each such local planning agency. (3) The governing body or bodies shall appropriate funds for salaries, fees, and expenses necessary in the conduct of the work of the local planning agency and shall also establish a schedule of fees to be charged by the agency. To accomplish the purposes and activities authorized by this act, the local planning agency, with the approval of the governing body or bodies and in accord with the fiscal practices thereof, may expend all sums so appropriated and other sums made available for use from fees, gifts, state or federal grants, state or federal loans, and other sources; however, acceptance of loans must be approved by the governing bodies involved. (4) The local planning agency shall have the general responsibility for the conduct of the comprehensive planning program. Specifically, the local planning agency shall: (a) Be the agency responsible for the preparation of the comprehensive plan or plan amendment and shall make recommendations to the governing body regard- ing the adoption or amendment of such plan. During the preparation of the plan or plan amendment and prior to any recommendation to the governing body, the local planning agency shall hold at least one public hearing, with public notice, on the proposed plan or plan amend- ment. The governing body in cooperation with the local planning agency may designate any agency, commit- tee, department, or person to prepare the comprehen- sive plan or plan amendment, but final recommendation of the adoption of such plan or plan amendment to the governing body shall be the responsibility of the local planning agency. (b) Monitor and oversee the effectiveness and sta- tus of the comprehensive plan and recommend to the governing body such changes in the comprehensive plan as may from time to time be required, including preparation of the periodic reports required by s. 163.3191. (c) Review proposed ~.nd development regulations, land development codes, or amendments thereto, and make recommendations to the governing body as to the consistency of the proposal with the adopted compre- hensive plan, or element or portion thereof, when the local planning agency is serving as the land develop- ment regulation commission or the local government requires review by both the local planning agency and the land development regulation commission. (d) Perform any other functions, duties, and respon- sibilities assigned to it by the governing body or by gen- eral or special law. (5) All meetings of the local planning agency shall be public meetings, and agency records shall be public rec- ords. 1224 F.S. 1995 INTERGOVERNMENTAL PROGRAMS Ch. 163 adoption by the regional planning agency of a compre- hensive plan, or element or portion thereof, pursuant to this subsection, the regional planning agency shall transmit a copy of the proposed comprehensive plan, or element or portion thereof, to the local government and the state land planning agency for written comment. The state land planning agency shall review and comment on such plan, or element or portion thereof, in accord- ance with s. 163.3184(6). Subsections (6), (7), and (8) of s. 163.3184 shall be applicable to the regional planning agency as if it were a governing body. Existing compre- hensive plans shall remain in effect until they are amended pursuant to subsection (2), this subsection, s. 163.3187, or s. 163.3189. (4) A municipality established after the effective date of this act shall, within I year after incorporation, establish a local planning agency, pursuant to s. 163.3174, and prepare and adopt a comprehensive plan of the type and in the manner set out in this act within 3 years after the date of such incorporation. A county comprehensive plan shall be deemed controlling until the municipality adopts a comprehensive plan in accord with the provisions of this act. if, upon the expiration of the 3-year time limit, the municipality has not adopted a comprehensive plan,'the regional planning agency shall prepare and adopt a comprehensive plan for such municipality. (5) Any comprehensive plan, or element or portion thereof, adopted pursuant to the provisions of this act, which but for its adoption after the deadlines estab- lished pursuant to previous versions of this act would have been valid, shall be valid. (6) When a regional planning agency is required to prepare or amend a comprehensive plan, or element or portico thereof, pursuant to subsections (3) and (4), the regional planning agency and the local government may agree to a method of compensating the regional plan- ning agency for any verifiable, direct costs incurred. If an agreement is not reached within 6 months after the date the regional planning agency assumes planning responsibilities for the local government pursuant to subsections (3) and (4) or by the time the plan or ele- ment, or portion thereof, is completed, whichever is ear- lier, the regional planning agency shall file invoices for verifiable, direct costs involved with the governing body. Upon the failure of the local government to pay sIJch invoices within 90 days, the regional planning agency may, upon filing proper vouchers with the State Comp- troller, request payment by the State Comptroller from unencumbered revenue (x other tax sharing funds due such local government ftom the state for work actually performed, and the State Comptroller shall pay such vouchers; however, the amount of such payment shall not exceed 50 percent of such funds due such local gov- ernment in any one year. (7) A local government that is being requested to pay costs may seek an administrative hearing pursuant to s. 120.57 to challenge the amount of costs and to determine if the statutory prerequisites for payment have been complied with. Final agency action shall be taken by the state land planning agency. Payment shall be withheld as to disputed amounts until proceedings under this subsection have been completed. (8) Nothing in this act shall limit or modify the rights of any parson to complete any development that has been authorized as a development of regional impact pursuant to chapter 380 or who has been issued a final local development order and development has com* menced and is continuing in good faith. (9) The Reedy Creek Improvement District shall exercise the authority of this part as it applies to munici- pelifies, consistent with the legislative act under which it was established, for the total area under its jurisdic- tion. (10) Nothing in this part shall supersede any prevision of ss. 341,321-341,386. (11) Each local government is encouraged to articu- late a vision of the future physical appearance and quali- ties of its community as a component of its local compre- hensive plan. The vision should be developed through a collaborative planning process with meaningful public participation and shall be adopted by the governing body of the jurisdiction. Neighboring communities, espe- cially those shadng natural resources or physical or eco- nomic infrastructure; are encouraged to create collec- tive visions for greater-than-local areas. Such collective visions shall apply in each city or county only to the extent that each local government chooses to make them applicable. The state land planning agency shall serve as a clearinghouse for creating a community vision of the future and may utilize the Growth Management Trust Fund, created by ~s. 186.911, to provide grants to help pay the costs of local visioning programs. When a local vision of the future has been created, a local gov- ernment should review its comprehensive plan, land development regulations, and capital improvement pro- gram to ensure that these instruments will help to move the community toward its vision in a manner consistent with this act and with the state comprehensive plan. A local or regional vision must be consistent with the state vision, when adopted, and be internally consistent with the local or regional plan of which it is a component. The state land planning agency shall not adopt minimum criteria for evaluating or judging the form or content of a local or regional vision. (12) An initiative or referendum process in regard to any development order or in regard to any local compre- hensive plan amendment or map amendment that affects five or fewer parcels of land is prohibited. 163.3171 Areas of authority under this act.-- (1) A municipality shall exercise authority under this act for the total area under its jurisdiction. Unincorpo- rated areas adjacent to inceq3orated municipalities may be included in the area of municipal jurisdiction for the purposes of this act if the governing bodies of the municipality and the county in which the area is located agree on the boundaries of such additional areas, on procedures for joint action in the preparation and adop- tion of the comprehensive plan, on procedures for the administration of land development regulations or the !and development code applicable thereto, and on the manner of representation on any joint body or instru- ment that may be created under the joint agreement. 1223 ORDINANCE NO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA DESIGNATING THE CITY COUNCIL AS THE LOCAL PLANNING AGENCY FOR THE CITY OF AVENTURA; PROVIDING FOR TRANSMITTAL; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 163.3174 of the Florida Statutes provides that the governing body of each local government shall designate by ordinance a local planning agency; and WHEREAS, the City Council of the City of Aventura wishes to designate itself as the Local Planning Agency for the City of Aventura. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. That the City Council of the City of Aventura is hereby designated as the Local Planning Agency for the City. Section 2. That the City Clerk is hereby authorized to transmit a copy of this Ordinance to the state land planning agency. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Effective Date. This Ordinance shall be effective upon adoption on second reading. The foregoing Ordinance was offered by Councilmember who moved Ord. No. 96- Page 2 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 R. Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey M. Perlow Councilmember Patricia Rogers-Libert Mayor Arthur I. Snyder The foregoing Ordinance was offered by Counciimember , 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 R. Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey M. Pedow Councilmember Patricia Rogers-Libert Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this day of November, 1996. PASSED AND ADOPTED on second reading this __ day of November, 1996. A-I-rEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC, CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY A'I-rORN EY Ams TO: FROM: BY: DATE: SUBJECT: CITY OF AVENTURA OFFICE OFTHE CITY MANAGER MEMORANDUM City Council November 15, 1996 rof Community Development Ordinance Requiring All Building Contractors to Register with the City of Aventura 1st Reading November 5, 1996 2nd Reading November 19, 1996 Council Meeting Agenda Item 8-1 Council Meeting Agenda Item ,~-~ Recommendation It is recommended that the City Council approve the attached Ordinance which requires all building contractors that perform work within the City of Aventura to register with the City. The subject Ordinance is being proposed in order to better protect the residents of Aventura from unlicensed and/or uninsured contractors. The Ordinance includes the revisions proposed by Council at the previous meeting. Background The City requires contractors, whose primary place of business is within the municipal limits, to obtain an occupational license from the City. However, contractors whose primary place of business lies outside Aventura, or even Dade County, should also be required to register with the City. By implementing this type of registration, the City can better assure our residents that contractors with which they choose to do business have current and proper certifications, registrations, licenses, and insurance. There have already been instances where residents have been victimized by unlicensed contractors working without permits. This registration will not eliminate these situations, but it should reduce their occurrences. Additionally, this type of registration creates a database to which our residents can avail themselves prior to entering into a contract for work with a contractor. The Ordinance, as drafted, requires an annual renewal of the registration and includes an administrative processing fee of $35. The Ordinance is drafted in a manner which will allow the Council to adjust the fee, in the future, by Resolution. If you have any questions, please feel free to contact me. JME/tms attachment ORDINANCE NO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING A REQUIREMENT FOR ALL BUILDING CONTRACTORS CONDUCTING BUSINESS WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF AVENTURA TO REGISTER WITH THE CITY; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council desires to reduce the vulnerability of its residents to unlicensed, uninsured and uncertified contractors; and WHEREAS, the City Council has held a public hearing to enact such regulation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS THAT: Section 1. Definition. In construing the provisions hereof and each and every word, term, phrase or part hereof where the context will permit, the following definition will apply: Contractor. "Contractor" is any person, firm, joint venture or corporation that engages in the business under express or implied contract, in any of the trades, or who undertakes or offers to undertake or purports to have the capacity to undertake, or submits a bid to, or does himself or by or through others, engage in the business of doing a trade. An owner-builder or a person who only furnishes material, supplies or equipment without fabricating them into or consuming them in performance of the work of a Contractor, or any person who engages in the activities herein regulated as an employee with wages as his sole compensation shall not be considered as a Contractor. The term "Contractor," as used herein, applies to those construction trades regulated pursuant to Chapter 10 of the Metropolitan Dade County Code and does not Ordinance No. Page 2 apply to the construction of boats or similar items of personalty not within the scope of such trades. Section 2. E~uilclin,cl Contractor's Re.qistration Required. All Contractors performing work within the municipal boundaries of the City of Aventura, or who have made application for building permits from the City of Aventura shall be 'required to register annually with the City of Aventura. All such Contractors shall register with the City's Community Development Department at the time of the renewal of their Occupational License or within seven (7) days thereof, or prior to the application for a building permit, whichever applies. Requirements for registration shall be as follows: A. Qualifier for the Contractor must appear in person and provide: i. Current Certificate of Competency; ii. Current Liability and Workers Compensation Certificate of Insurance, addressed to the City of Aventura; iii. Dade County registration (if Dade County licensed, a state registration is required; if State licensed, a Dade County registration is required); iv. Current Occupational License from the area of primary business. If Dade County licensed, must also provide a municipal Occupational License; 2 Ordinance No. Page 3 V= At the qualifier's option, he/she may, at the time of registration, provide a list of employees who are authorized to pick up building permits on their behalf. B. All building permits must be signed and notarized by the qualifier or his/her designee. C. In the event that the Community Development Department deems necessary, the qualifier must appear at all building inspections, sign for all building permits and appear at any and all times required. Failure to appear will result in all privileges to engage in contracting in the City of Aventura being subject to revocation. D. The fee for this registration shall be $35 per year, or as may be amended by Resolution of the City Council of the City of Aventura. (The fee component of registration shall not be applicable in those instances where preempted by Section 205.065, Florida Statutes. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any mason 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. 3 Ordinance No. Page 4 Section 4. 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 R. Beskin Councilmember Ken Cohen Councilmember Harry HoIzberg Councilmember Jeffrey M. Pedow Councilmember Patricia Rogers-Libert Mayor Arthur I. Snyder The foregoing Ordinance was offered by Councilmember its adoption on second reading. This motion was seconded and upon being put to a vote, the vote was as follows: _, who moved by Councilmember Councilmember Arthur Berger Councilmember Jay R. Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey M. Perlow Councilmember Patricia Rogers-Libert Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this __ day of November, 1996. 4 Ordinance No. Page 5 PASSED AND ADOPTED on second reading this __ day of November, 1996. ATTEST: ARTHUR I. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EMS/tms 5 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: City Council _,~-~ SUBJECT: Ordinance Amending 1996/97 Budget to Recognize Additional Revenues and Appropriations Ist Reading November 5, 1996 City Council Agenda Item 2nd Reading November 19, 1996 City Council Agenda Item ~ -~_~ Recommendation It is recommended that the City Council adopt the attached Ordinance amending the 1996/97 Budget to recognize $3,293,353 in additional revenue sources and allocate same to specific budget line items. Backqround As you are aware, since the time the 1996/97 Budget was adopted, several developments occurred that resulted in additional revenue sources becoming available to the City. The following is a summary of the additional sources not originally included in the budget: Cigarette Tax State Revenue Sharing Half Cent Sales Tax Carryover Transfer from Street Maintenance Fund Total Additional Revenues $ 17,000 135,000 780,000 2,007,OOO 354,353 $3,293,363 The carryover figure was calculated as follows: County Revenue from Interlocal Agreement Excess Carryover from 1995/96 Fiscal Year $1,507,000 500,000 $ 2,007,000 The Transfer from Street Maintenance Fund was calculated as follows: State Revenue Sharing Local Option Gas Tax Interest Earnings Carryover $ 72,000 260,000 3,000 19,353 $354,353 It is recommended that the additional revenue be allocated to the following expenditure line items: 1. Police Department - Capital Outlay: Increase line item by $200,000 to fund radio equipment purchase and other departmental needs. 2. Community Services - Capital Outlay: Increase funding for beautification projects by $830,000 to fund and expedite median improvement projects and other beautification projects. 3. Community Services - Capital Outlay: Increase funding by $125,000 for safety improvements to fully fund barrier improvement project for the Country Club Drive exemise path. A majority of this increase will be funded by gas tax proceeds. 4. Capital Reserve - Capital Outlay: Place remaining amount of $2,138,353 in capital reserve account. This will establish a reserve account of $2,941,653 including the previous amount budgeted. This can be used in future years to assist in the funding of capital construction projects and other uses as determined by the City Council. Once the actual police and park impact fee amounts are determined with the County, another budget amendment will be presented to the City Council to establish the Impact Fee Fund. In addition to the budget amendments described above, the following position classification revisions are proposed: Police Department: The Police Chief has reviewed the original organization and personnel structure included in the 1996/97 Budget, which was prepared prior to his appointment. In order to provide proper patrol and traffic enforcement supervision, he has recommended that four Police Officer positions be reclassified to Sergeant positions. In addition, he has also recommended that one Lieutenant position be reclassified to Commander which would be a non-sworn position in charge of Support Services for the Department. The revisions result in no net increase in personnel. 2. Office of the City Manaqer: In order to establish a job title that is more reflective of the actual responsibilities of the position, it is recommended that the Customer Service Assistant position be reclassified to Administrative Assistant to the City Manager. The role of the position has expanded into other administrative responsibilities than just customer service and citizen response. Should you have any questions, please feel free to contact me. EMS/ne Attachment CC0142-96 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 96-18, WHICH ORDINANCE ADOPTED A BUDGET FOR THE 1996197 FISCAL YEAR BY REVISING THE 1996/97 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of the City and upon the recommendations of the City Manager (and the concurrence of the Finance Support Services Director as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 1996/97 Operating and Capital Budget as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section t. The recitals contained in the preamble to this Ordinance are incorporated by reference herein. Section 2. The City Council hereby authorizes the amendment of Ordinance No. 96-18, which Ordinance adopted a budget for the 1996/97 fiscal year, by revising the 1996/97 budget as set forth on the attached Exhibit "A", which exhibit is deemed incorporated by reference as though set forth in full herein. Ordinance No. 96- Page 2 Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by 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 R. Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey M. Perlow Councilmember 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 R. Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey M. Perlow Councilmember Patricia Rogers-Libert Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 5th day of November, 1996. Ordinance No. 96- Page 3 PASSED AND ADOPTED on second reading this __ day of November, 1996. ARTHURI. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EMS/tms 3 Exhibit "A" Revenues GENERAL FUND Adopted Budget Amendment Revised Amount Budget Interf~overnmental Revenues 3-9 336110 Cigarette Tax 335120 State Revenue Sharing 335180 Half Cent Sales Tax 0 17,000 17,000 0 135,000 135,000 0 780,000 780,000 SUBTOTAL Non-Revenue 8-9 399900 Carryover 381105 TransfemFrom Street Maint. Fund SUBTOTAL Total General Fund 300,000 2,007,000 2,307,000 0 354,353 354,353 STREET MAINTENANCE FUND Revenues Intereovernmental Revenues 3-9 335120 State Revenue Sharing 0 335300 Local Option Capital Improvement Gas Tax 335301 Local Option Gas Tax 0 72,000 72,000 80,000 80,000 180,000 180,000 361000 399900 SUBTOTAL Misc. Revenues 6-9 Interest Earnings SUBTOTAL Non -Revenue 8-9 Carryover SUBTOTAL Grand Totals Total Amend merits-Revert ues 0 3,000 3,000 0 19,353 19,353 Exhibit "A" Continued 6-60-6205 GENERAL FUND Expenditures Capital Outlay Adopted Amendment Revised Budget Amount Budget Public Safety - 52t Equipment $ 135,000 200,000 335,000 6-60-6601 6-60-6603 Community Services - 539 Beautification Projects 270,000 830,000 1,100,000 Safety Improvements 85,000 125,000 210,000 Non-De~)artmentsl - 590 6-60-6999 Capital Reserve 803,300 2,138,353 2,94t,653 Grand Totals Total Amendments-Expenditures Position - Revisions Number Descdption Action Police Department 2006 Lieutenant 2006 Commander 2007-2010 Police Officer 2007-2010 Sergeants delete add delete add Office of the City Manager 0503 Customer Service Asst. delete 0503 Administrative Assistant to Cty Mgr-add CITY OF AVENTURA POLICE DEPARTMENT MEMORANDUM TO: FROM: DATE: SUBJECT: Eric~ Chief Thomas E. ~ October 28, 1996 Police Radio Equipment More than a year ago the Metro Dade Police Department instituted a change over in their police radio system and the bid was awarded to GE/Erickson. Dade County Police, and all municipal police departments using the Dade County Police radio frequency, have had to purchase new police radios that are compatible with this system. Most municipalities have utilized the inter-local agreement, wherein Dade County will fund the entire purchase of the radios for the participating municipality. That municipality then pays them back, at no interest, over a period of ten years. The City of Aventura did not incorporate until quite some time after the other municipalities had already participated in the inter-local agreement. We can seek approval to participate in the inter-local agreement, via the county commission, but this may prove to be a time consuming process. We may also purchase the radios through GE/Erickson by paying the full amount for the radios at the time of purchase. This method would be the most expeditious and would ensure that our police officers would have the radios for use prior to April 1, 1997. The total cost is $278,947.80. I would like this amount to be considered for a budget amendment. See attached sheet for list of items and their cost. TER:ca atttachment Below the Interlocal Qty 50 50 10 4 30 4 60 84 Aventura Police Department 2999 N.E. 191 Street Suite 500 Aventura, FL 33180 Attachment "A" is a list of G.E. Erickson 800 Mhz radio equipment to be purchased via Agreement for use by the Aventura Police Department. Model/Description Cost each Total $2,544.00 $127,200.00 PK3ZGE AEGIS MRK Portable Scan + Encryption D28MG1 Orion Front Mount 35W Scan $1,884.22 $5,143.50 DSDX01 Orion Desktop Local Control/Encryption PK1ZGE AEGIS MRK-1 Portable/Encryption $94,211.00 $5,143.5O D28MG2 Orion Front Mount 35W System/Motorcycle $2,252.00 $22,520.00 PKAE3C Speaker/Mic/Antenna $2,677.40 CH6RK1 Gang Charger $10,709.60 CH1RK1 Single Charger PKPA1Y Extra Hi-Capacity Batteries Cryptographic Key Loader VGE (Rate 11) $125.00 $3,750.00 MRK Interconnect Cable (Rate 11 ) $448.50 $1,794.00 $74.75 $4,485.00 $89.00 $7,476.00 $1,539.00 $1,539.00 $119.70 $119.70 TOTAL COST $278,947.80 CITY OF AVENTURA OFFICEOFTHECITYMANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council ty~ Eric M. Soroka, Ci October 31, 1996 \ Ordinance Establishing Interim Police Services Impact Fees Ist Reading November 5, 1996 City Council Agenda Item ~)- ~ 2nd Reading November 19, 1996 City Council Agenda Item ~- L~ Recommendation It is recommended that the City Council adopt the attached Ordinance which establishes an impact fee for police services. The Ordinance adopts the existing Dade County fee structure until such time that the City adopts its own Comprehensive Plan or Impact Fee Study. Back.qround As a newly-incorporated City, we have the authority under Florida Statute Chapter 163 to adopt impact fees to ensure that new development beam a proportionate share of the cost of capital expenditures to accommodate such development. Based on our reseamh and in accordance with State and County requirements, the City can adopt impact fees for police services and parks and recreation. The County collects Fire and Emergency Medical Services impact fees based on the fact that they provide Fire Rescue Services in the City. The Dade County School Board collects impact fees for schools. In addition, the Dade County Comprehensive Plan provides for the County to collect road impact fees for regional roads and traffic-ways that appear on the Countywide plan. The attached Ordinance adopts the County's fee schedule for Police Services Impact Fees as follows: Residential $96.47/unit Non-residential $0.140/square foot October 31, 1996 Page 2 The fee is required to be paid at time of the application for a building permit. Impact Fee amounts collected by the City will be placed in a separate fund and can only be used for capital expenditures as defined in the Ordinance. The Ordinance will provide a revenue source to assist in funding capital expenditures and building construction relative to the prevision of police services. We are currantly preparing an Impact Fee Ordinance for Parks and Recreation, which will be presented to the Council in the near future. If you have any questions, please feel free to contact me. EMS/ne Attachment 0C0144-96 ORDINANCE NO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA ESTABLISHING AN INTERIM IMPACT FEE SCHEDULE FOR POLICE SERVICES; PROVIDING FOR LEGISLATIVE FINDINGS; PROVIDING DEFINITIONS; PROVIDING FOR IMPACT FEES IN GENERAL; PROVIDING FOR IMPACT FEE COMPUTATION FORMULA; PROVIDING FOR EXEMPTIONS; PROVIDING FOR IMPACT FEE EXPENDITURES; PROVIDING FOR ESTABLISHMENT OF IMPACT FEE FUND; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA: Section 1. Short Title. This Ord'inance shall be known and may be cited as the Interim Police Services Impact Fee Ordinance. Section 2. Legislative Findings. The City Council finds, determines and declares that: a) Until such time as the City of Aventura adopts its own Comprehensive Plan or Impact Fee Study, the City hereby adopts the Impact Fee amounts established by Dade County for Police Services. b) The Florida Legislature, through enactment of Florida Statutes Chapter 163, has sought to encourage the City of Aventura to enact impact fees. c) The Florida Legislature, through enactment of Florida Statutes Chapter 163, has provided that until the City of Aventura prepare and adopts its own Comprehensive Plan, but within three (3) years following incorporation, the Dade County Master Development Plan shall be deemed the effective Plan. d) The Dade County Board of County Commissioners has adopted impact fees which it has determined to be consistent with and in furtherance of the goals, objectives and policies of its adopted Comprehensive Plan. e) The provision of adequate police protection is essential for the safety of the public. f) New development in the City will directly and adversely impact existing police services. In order to maintain adequate police protection for the existing population and to accommodate projected population due to new development, additional capital resources are required. Section 3. Definitions. In construing the provisions hereof and each and every word, term, phrase or part hereof where the context will permit, the following definitions will apply: Applicant means the person who applies for a building permit or submits a plat or waiver of plat. ORDINANCE NO. Page 2 Building means any structure having a roof entirely separated from any other structure by space or by walls in which there are no communicating doors or windows or any similar opening and erected for the purpose of providing support or shelter for persons, animals, things or property of any kind. Building Permit means an official document or certificate issued by the City of Aventura Community Development Department authorizing the construction siting, or change of use of any building. For purposes of this Ordinance, the term "Building Permit shall also include tie-down permits for those structures or Buildings, such as mobile homes, that do not require a Building Permit in order to be occupied. City Manager shall mean the City Manager of the City of Aventura, Florida. Comprehensive Development Master Plan (CDMP) means the comprehensive plan of Dade County adopted and amended pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, Section 163.316 et seq., Florida Statutes (1987). Credit means the present value of past previsions made by new developments for the cost of existing or future capital improvements. Development Activity, Development or Activity means any activity for which a Building Permit is required pursuant to the South Florida Building Code or any applicable City Ordinance. Development of Regional Impact means any Development which because of its character, magnitude or location would have a substantial impact on the health, safety or welfare of the citizens of more than one county. Encumbered means monies committed by contract or purchase order in a manner that obligated the City of Aventura to expend the funded amount upon delivery of goods, the rendering of services or the conveyance of real property provided by a vendor, supplier, contractor or owner. Existing Development means the lawful land use physically existing as of the effective date of this Ordinance and any Development or additional Development for which the landowner holds a valid Building Permit as of the effective date of this Ordinance. Existing Development shall also include that maximum level of Development Activity for which a previous impact fee was paid under the provisions of this Ordinance. Feepayer means a person intending to commence a proposed Development for which an impact fee computation is required under this Ordinance, or a person who has paid an impact fee, or provided a letter of credit pursuant to this Ordinance. 2 ORDINANCE NO. Page 3 Impact Fee means the proportionate fair share charge required to be paid in accordance with this Ordinance. Improvement means any physical Improvement related to property, construction costs or other facility, or acquisition of capital equipment with respect to the impact of Development. Nonresidential Development means Development not providing for any residential units. Person, for the purpose of this Ordinance, means individuals, partnerships, trusts, corporations, and all other legal entities authorized by the law of Florida to own and develop real property. Residential Development means any building or buildings designed to be used as dwelling units. Unit or Unit of Development means a residential structure which is a quantifiable increment of Development Activity, e.g., a single-family home, or a residential module, e.g., each condominium or apartment Unit within a condominium complex or building. Section 4. Impact Fees; In General. This section provides certain provisions which supplement the provisions of the Police Services Impact Fees requirements contained in this Ordinance. a) Any application for Building Permit for Development Activity within the corporate limits of the City of Aventura shall be subject to the assessment of a Police Services Impact Fee in the manner and amount set forth in this Ordinance. No Building Permit shall be issued by the City until the Applicant has paid the assessed Impact Fees as calculated pursuant to this Ordinance. b) Notwithstanding payment of the Impact Fees pursuant to this Ordinance, other state, county and city Development regulations may limit the issuance of Building Permits for Development Activity. c) In the event Impact Fees are paid prior to or concurrently with the issuance of a Building Permit and subsequently, the Building Permit is amended, the Applicant shall pay the Impact Fee in effect at the time the amended Building Permit is issued with Credit being given for the previous fees paid. d) In the case of change of use, redevelopment, or expansion or modification of an existing use on a site which requires the issuance of a Building Permit, the Impact fee shall be based upon the net increase in the Impact Fee for the new use as compared to the most intense previous use. e) If a Building Permit is canceled without Development commencing, 3 ORDINANCE NO. Page 4 then the Impact Feepayer shall be entitled to a refund, without interest, of the Impact Fee paid except that the City shall retain five percent (5%) of the fee to offset a portion of the costs of collection and refund. The Impact Feepayer shall submit an application for such a refund to the City Manager or his designee within thirty (30) days of the expiration of the order or permit, or thereafter be deemed to waive any right to a refund. 0 Any funds not expended or Encumbered by the end of the calendar quarter immediately following ten (10) years from the date of this Ordinance shall, upon application of the then current landowner, be returned to such landowner, without interest, provided that the landowner submits an application for a refund to the City Manager or designee within one hundred eighty (180) days of the expiration of the ten (10) year period. However, this section shall not apply to Development of Regional Impact with phased or long term buildout. Any claim not so timely made shall be deemed waived. g) Funds shall be deemed expended for the purposes of this Ordinance when a contract or agreement encumbering all or a portion of the payment of said funds shall be approved by final City action. Section 5. Impact Fee Computation Formula. (a) The Feepayer shall pay a Police Services Impact Fee amount based on the formula set forth below. The fee shall be collected by the Community Development Department for all structures for which a Building Permit is issued. Such fee will be based on the capital costs required to serve the increased demand for police services resulting from the proposed new Development Activities, together with Impact Fee administrative costs. The formula to be used to calculate the Police Services Impact Fee shall be established as follows for each property type: The City of Aventura shall employ the following schedule to compute the amount of fee to be paid. Land Use/Occupancy Type Cost per Unit or per Square Foot Residential Nonresidential $96.47 per Unit $0.140 per square foot (b) The fee per residential Unit or fee per nonresidential square foot shall be multiplied by the Feepayer's total number of Units for residential property or total number of square feet for nonresidential property. The total will then be multiplied by 1.05 to accommodate the general administrative charge of five (5) percent. The resulting total is the Police Services Impact Fee and administrative charge which shall be 4 ORDINANCE NO. Page 5 paid by the Feepayer. (c) In the case of Development Activity involving a change of use or magnitude of use in which a Building Permit is required, the proposed Development shall be required to pay an Impact Fee only for the increase in the Development Activity. The Impact Fee shall be the difference between the computed Impact Fee for the proposed Development Activity and the computed Impact Fee for the Existing Development Activity. Any Building Permit which expires or is revoked after the effective date of this Ordinance and for which a fee has not previously been paid under this Ordinance shall be required to comply with the provisions herein. No refunds will be given for proposed Development Activity resulting in a negative fee calculation. (d) If the type of Activity within a proposed or current Development is not specified, the City Manager or his designee shall use the Activity most nearly comparable in computing the fee. (e) In determining Existing Development Activity and the Units or square feet of proposed or Existing Development, the Community Development Department shall use the Building Permit and the certificate of use information contained in the building or zoning records of Dade County or the City. Section 6. Exemptions. (a) Alteration, expansion or replacement of an existing building or Unit where the use is not changed and the number of Units or square footage is not increased shall not be subject to the Impact Fees. The burden of demonstrating the previous existence of a use or structure or previous payment of Impact Fees shall be upon the Feepayer. In cases where there is an existing use, any additional fees shall be based upon the alteration to the existing use or structure. (b) Governmental or public facilities are exempt from the Impact Fee, including those parcels, grounds, building or structures owned by Federal, State, County or the City, the Dade County School Board or the South Florida Water Management District, and related to the operation of those entities and used for governmental purposes including, but not limited to, governmental offices, police and fire stations, airports, seaports, parking facilities, equipment yards, sanitation facilities, water control structures, schools, parks, and similar facilities in or through which general government operations are conducted. It is provided, however, that the following shall not be considered governmental or public facilities and shall be subject to the provisions of this Ordinance: (1) privately owned properties or facilities leased for governmental operations or activities; and (2) public properties or facilities used for private residential, commercial or industrial activities. (c) The construction of accessory buildings or structures where the use is not changed, such that an additional impact does not result and the ORDINANCE NO. Page 6 number of Units or square footage is not materially increased, is exempt. (d) A building replacement meeting the requirements of section 104.3(D), South Florida Building Code (replacement necessitated by partial destruction) is exempt. (e) Parking garages are exempt from Impact Fees when the structure is accessory to a primary use structure. (f) An exemption must be claimed by the Feepayer prior to paying the Impact Fee. Any exemption not so claimed shall be deemed to have been waived by Feepayer. Section 7. Impact Fee Expenditures. (a) Expenditures from the Impact Fee shall include, but not be limited to: (1) Planning, design, and construction plan preparation; (2) Permitting and fees; (3) Land and materials acquisition, including any costs of acquisition or condemnation; (4) Relocation of utilities required by the construction of Improvements and additions to police facilities; (5) Design and construction of new drainage facilities required by the construction of Improvements and additions to police facilities; (6) Landscaping and site preparation, including demucking, filling to flood criteria and compaction; (7) Construction management and inspection; (8) Surveying, soils and materials testing and removal of hazardous and solid waste materials; (9) Acquisition of capital equipment for police services; (10) Repayment of any monies transferred or borrowed from any budgetary fund of the City subsequent to the effective date of this Ordinance, which were used to fund any of the growth- necessitated Improvements as herein provided. Any funds that are borrowed shall be spent only to mitigate the impact of new Development; (11) Purchase of land for additional police stations and support facilities needed to accommodate new growth; (12) Design and construction of additional police stations and other facilities or design and Improvement of existing police stations and other facilities needed to accommodate new growth; (13) Purchase of other capital equipment for stations affected by new growth. (b) The five (5) percent general administrative cost portion of the Impact Fee shall be deposited into the General Fund and shall be used to offset the costs of administering the Impact Fee. ORDINANCE NO. Page 7 Section 8. Establishment of Fund. Impact Fees collected pursuant to this Ordinance shall be accounted for in a Capital Outlay Impact Fee Fund to be established by the City. Section 9. 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 '10. 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 Councilmember Jeffrey M. Perlow Councilmember 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 M Perlow Councilmember Patricia Rogers-Libert Mayor Arthur I. Snyder ORDINANCE NO. Page 8 PASSED AND ADOPTED on first reading this __ PASSED AND ADOPTED on second reading this day of November, 1996. day of November, 1996. ATTEST: TERESA M. SMITH, CMC CITY CLERK ARTHURI. SNYDER, MAYOR APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EMS/tms MIAMI DALLY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dada County, Florida. BTATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octalma V. Farbeyrs, who on oath says that aha la the Supervisor, Legal Notices of the Miami Dally Business Review t/k/a Minml Review, a dally (except Saturday, Sunday and Legal Hcildeys) newspaper, published at Miami In Dede County, Florida; that the attached copy of advertlesmant, being a Legal Advertisement of Notice In the matter of PUBLIC NOTICE OF PROPOSED ORDINANCE OF THE CITY OF AVENTURA DEC. 3, 1996 in the ....................... .X.~; ~:.~ ...................................... Court, wes published In Paid newapepar In the Issues of NOV 20, 1996 Affiant further says that the said Miami Dally Bustnese Review Is a newapeper published at Miami In said Dada County, Florida, and that the Paid newspaper has heretofore been continuously published In Paid Dada County, Florida, each day (except saturday, Sunday and Legal Hstldays) and has been entered as second class mall matter at the post office In Minml In Paid Dada County, Florida, for a per(ed of ona year next preceding the first publlcetlon of the attached copy of .advertisement; and affiant furt Pays that she has neither pa or promised an or corporation any dis u~t, rspate, corn for the purpose of se ri la advert tlon in the said ne pa Sworn to and aubacriped before me this 2o/ 96 (S'AL) ~'/ 1.0~.~' ~'~ JANET~I. LERENA ocr,ma v. ,.~.yrs perso.st~.~.~* ccsG6o04 I 7/~.~.~.~0 MY ¢O~Mi~'*aSIONEXFIRES! I ' 0~: ~.0, JUNE 23,2~00 PUBUO NOTICE OF PROPO~D ORDINANCE OF THE ©rr~, OF AVEIrrURA N~TICE IS HERESY GIVEN mm on Tuesday, the 3rd day of De- cemoer, 1998, at a meeting of the City Cm~ncil of the City of Aventura, to be held at 7.'~ p.m. in the Council Meeting Room at the Columbia Aventura I-~1 and Medical Ce~er, 21110 Biscayne Boulevard, ~ 101, Aventura, Florida, the City Council will corm(bar the ed~p- AN ORDINANCE OF THE CITY OF AVENTURA. FLORIDA AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $10.000,000 IN AGGREGATE PRINCIPAL AMOUNT OF OBLIGATIONS OF THE CITY TO FINANCE, ON AN INTERIM BASIS, (A) THE ACQUISITION OF CERTAIN REAL PROPERTY INTHE CITY TO BE USED FOR PUBUC PARKS ~D RECREATION, A CITY GOVERNMENT CEN- TER AND POUCE STATION AND (B) THE DESIGN, CONSTRUCTION, EQUIPPING AND INSTALLATION OF PUBEC FAClETIES AND IMPROVEMENTS ON SUCH REAL PROPERTY; PLEDGING THE PROCEEDS RECEIVED BY THE CITY FROM THE LEVY DF iTS UTIMTY TAX ON UTILITY SERVICES PROVIDED IN THE CITY TO SECURE PAYMENT OF THE OBLIGATIONS; PROVIDING FOR A COVENANT T~'~UDGET' APPROPRIATE LEGALLY AVAILABLE NON-AD VALOREM FUNDS TO PAY THE PRINCIPAL OF, REDEMPTION PREMIUM. IF ANY, AND INTEREST ON THE OBLI- GATIONS IN THE EVENT THE PROCEEDS OF SUCH UTILITY TAX ARE INSUFFICIENT TO PAY THE DEBT SERVICE ON THE OBLIGATIONS. WHEN DUE; PROVIDING FOR SEVERABIUTY AND AN EFFECTIVE DATE. 'll~-~f0p0sed Ordinance may be inspected by the public at the Of- rice of the City Clerk; 2999 N.E. 191ct Street, S~ite 500. Aventura, Florida. Interested parties may appear at the Public Hearing and be heard with respect to the proposed Ofdinonoe. Any person wishing to address the City Council o~ an item at this Public Heating is asked to register with the City Clerk prior to that item being heard. In acoordanes with the Americans with Disabilities ACt of 1990, ell persons ~4x) are disabled and who need special accommodations to parUctpeto in this proceeding because of that disability should contact the Office of the City Clerk, 466-8901, not later than two business days prior to such proceedings. If a person decides to appeal any decision made by the City Coun~l, with respect to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Dated this 20th day of November, 1996. 11t20 Teresa M. Smith, CMC 96-4-1120139M MIAMI DALLY BUSINESS REVIEW Published Daily except Saturday. Sunday and Legal Holidays Miami, Dada County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daity (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA MEETING - 11/19/96 ORDINANCE DESIGNATING THE CITY COUNCIL AS THE LOCAL PLANNING AGENCY, ETC. Inthe ....................... ~.~.~ ...................................... Court, was published in ~Jd newspaper in the i~ues ~ NOV 7, 1996 Affiant further says that the said Miami Daily 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 Dado County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has Peen entered es second claes mall mailer et the post office In Misml In ~ald Dado County, Florida, for · period of one year next presodlng the first publication of tho attached copy of advertisement; and affiant further says that she has neither peld~.~or promised any perso~,.,.A,.!Am~.or corporation any disc?~ft, rebate, commlsa~fuod ~r the purpose of aes~.,fng thle edvertles[!¢~/~y~ror/45ubllcat~on in the said Oworn to and subscribed before me this ..... 96 OctalmeV. Ferbe~r,~raon'~..knesJ.--a' ii. El;lENA 1 L 0~' ~.,~ JUNE ~'a~2000 PUBLIC NOTICE OF PROPOSED ORDINANCES OF THE CITY OF AVENTURA vember, 1996, at a meeting of the City CounCil of the City o Aventura. to be held at 7:00 p.m. in the Council Meeting Roo~ at the Columbia Aventura Hospital and Medical Center, 21110 Biscayne Boulevard. Suite 101, Averriura, FleXtie, the City Council will consider the adop- ~ of the following Ordinances on escond reading, entitled: AN ORDINANCE OF THE CITY OF AVENTURA. FLORIDA DESIGNATING THE CITY COUNCIL AS THE LOCAL PLANNING AGENCY FOR THE CiTY OF AVENTURA: PROVIDING FOR TRANSMITTAL; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF AVENTURA, FI~ORIDA, ESTABLISHING A REQUIREblENT FOR ALL BUILDING CONTRACTORS CONDUCTING BUSINESS WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF AVENTURA TO REGISTER WITH THE CITY: PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE OF THI~ CITY COUNCIL OF THE CiTY OF AVENTURA, FLORIDA. AMENDING ORDINANCE NO. 96- 18, WHICH ORDINANCE ADOPTED A BUDGET FOR THE 1996/97 FISCAL YEAR BY REVISING THE 1996/97 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT 'A' A3q'ACHED HERETO: AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE: PROVI- DING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF AVENTURA. FLORIDA ESTABLISHING AN INTERIM IMPACT FEE SCHEDULE FOR POLICE SERVICES; PROVIDING FOR LEGISLATIVE FINDINGS; PROVIDING DEFINiTIONS; PROVIDING FOR IMPACT FEES IN GENERAL; PROVIDING FOR IMPACT FEE COMPUTATION FORMULA; PROVIDING FOR EXEMPTIONS; PROVIDING FOR IMPACT FEE EXPENDITURES; PROVIDING FOR ESTABLISHMENT OF IMPACT FEE FUND; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. The proposed Ordinances may be inapan~ed by me public at the Of- tics of the City Clerk, 2999 N.E, 191st Street, Suite 500, Aventura. Findda. Interested parties may appear at the Public Hearing and be heard with respect to the proposed Ordinances, Any person wishing to address the City Council on an item at this Public Hearing is esited to register with the City Clerk prior to that item being heard. In accordance with the Americans with Disabilities Act of 1990, persons who are disabled and who need special accommodations to paritcipete in this proceeding because of tl~t disability should contact the Office of the City Clerk, 466-8901. not later than two business days prior to such proceedings. If a person decides to appeal any decision made by the City Council. with respect to any matter considered at a meeting or hearing, that person will need a record of the proceedings end, for such purpose, may need fo ensure that a verbatim reeorcl of the proceedings is made, which record includes the testimony and evidence upon which the appeal ia to be based. Dated this 6th day of November, 1996. Teresa M. Smith, CMC City of Aventura (30S) 4S6-8~01 11/7 96-4-110734M