08-05-1997 CC Meeting AgendaCITY OF AVENTURA
COUNCIL AGENDA
August 5, 1997 - 6:00 P.M.
City Council
Arthur I. Snyder, Mayor
Jeffrey M. Perlow, Vice Mayor
Arthur Berger, Councilmember
Jay R. Beskin, Councilmember
Ken Cohen, Councilmember
Harry Holzberg, Counciimember
Patricia Rogers-Libert, Councilmember
Eric M. Soroka, City Manager
Teresa M. Smith, City Clerk
Weiss Serota & Helfman, City Attorney
City of Aventura
Arthur I. Snyder, Mayor
Jeffrey M. Perlow, Vice Mayor
Councilmembers
Arthur Berger
Jay R. Beskin
Ken Cohen
Harry Holzberg
Patricia Rogers-Libert
Council Meeting
August 5, 1997 6:00 P.M.
Columbia Aventura Medical Arts Building
21110 Biscayne Boulevard Suite 101
Aventura, Florida 33180
AGENDA
CALL TO ORDER~ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ZONING HEARINGS - SPECIALLY SET BY COUNCIL
QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following item
on the Council's agenda is quasi-judicial in nature. If you wish to object or comment upon
this item, 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
A. APPLICANT: AVENTURA MALL VENTURE
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA GRANTING A
August 5, 1997 Council Meeting
SIGN VARIANCE FOR TEMPORARY SIGNS TO
ANNOUNCE FUTURE TENANTS AT THE
AVENTURA MALL LOCATED AT 19501 BISCAYNE
BOULEVARD; AND PROVIDING AN EFFECTIVE
DATE.
B. APPLICANT: AVENTURA'S FINEST HAND CAR WASH, INC.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA DENYING A USE
VARIANCE FOR PROPERTY LOCATED AT 2890
NE 187TM STREET TO PERMIT AN OUTSIDE CAR
WASH IN A PARKING LOT; DENYING A NON-USE
VARIANCE TO WAIVE EIGHTEEN FEET (18') OF
THE MINIMUM REQUIRED TWENTY FOOT
SETBACK BETWEEN BUILDINGS WHERE A
PROVISION OF TWO FOOT (2') SETBACK
BETWEEN BUILDINGS IS PROPOSED; DENYING
A NON-USE VARIANCE TO WAIVE THIRTY-FIVE
(:35) OF THE MINIMUM REQUIRED SIXTY-EIGHT
PARKING SPACES WHERE A PROVISION OF
THIRTY-THREE PARKING SPACES IS
PROPOSED; AND PROVIDING AN EFFECTIVE
DATE.
APPROVAL OF MINUTES:
Council Meeting - July 1, 1997
Council Workshop - July 7, 1997
Council Meeting - July 21, 1997
AGENDA: Request for Deletions/Emergency Additions
6. SPECIAL PRESENTATIONS: None
CONSENT AGENDA:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA; ESTABLISHING A CODE OF ETHICS;
PROVIDING A PENALTY; PROVIDING FOR
SEVERABIL1TY, INCLUSION IN THE CODE, AND
AN EFFECTIVE DATE.
(Establishes standards of ethical conduct for public officers
and employees)
August 5, 1997 Council Meeting
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, APPROVING
THE APPOINTMENT OF STUART SCHULMAN TO
THE CITY OF AVENTURA BEAUTIFICATION
ADVISORY BOARD IN ORDER TO FILL A
VACANCY; AND PROVIDING AN EFFECTIVE
DATE.
(Appoints Stuart Schulman to the Beautification Advisory
Board to fill vacancy)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, REQUESTING
THE BOARD OF COUNTY COMMISSIONERS OF
METROPOLITAN DADE COUNTY TO ABOLISH
AND DISCONTINUE THE "BISCAYNE LAKE
GARDENS STREET LIGHTING IMPROVEMENT
SPECIAL TAXING DISTRICT" AND THE
"AVENTURA JEWISH CENTER STREET
LIGHTING SPECIAL TAXING DISTRICT," TO
ENABLE THE CITY OF AVENTURA TO PROVIDE
STREET LIGHTING SERVICES WITHIN SUCH
SPECIAL TAXING DISTRICTS; AUTHORZING
THE CITY MANAGER TO TAKE ALL ACTION
REASONABLY NECESSARY TO IMPLEMENT THE
PROVISIONS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
(Provides for the City to abolish certain street lighting
districts and assume responsibility of providing street
lighting services in the areas of Biscayne Lake Gardens and
the Aventura Jewish Center)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING
THE CITY MANAGER TO EXECUTE THE
ATTACHED WORK AUTHORIZATION NO.
15414.30 ENTITLED "USER FEE PROGRAM PHASE
H IMPLEMENTATION" FOR PROFESSIONAL
ENGINEERING SERVICES BY AND BETWEEN
THE CITY OF AVENTURA AND KEITH AND
SCHNARS, P.A.; AND PROVIDING AN EFFECTIVE
DATE.
(Provides for review and updating of stormwater utility fee
billing information in order to generate additional revenue)
August 5, 1997 Council Meeting
AN ORDINANCE OF THE CITY OF AVENURA,
FLORIDA, ADOPTING ORDINANCE
CONCERNING ZONING; PROVIDING FOR
ADOPTION OF POLICY AND PROCEDURE
CONCERNING NON-CONFORMITIES CREATED
BY GOVERNMENTAL ACQUISITION OF PRIVATE
PROPERTY; PROVIDING FOR DFINITIONS;
PROVIDING VARIANCE MECHANISM FOR CURE
OF NON-CONFORMITIES; PROVIDING FOR
EXPEDITED PRELIMINARY REVIEW;
REPLACING PROVISIONS OF SECTION
OF METROPOLITAN DADE COUNTY ZONING
CODE CONCERNING THE SAME SUBJECT
MATTER; PROVIDING FOR SEVERAB1LITY;
PROVIDING FOR AN EFFECTIVE DATE.
(Establishes variance procedures to cure non-con£ormities
arising from the acquisition of private property by
governmental entities)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING
THE CITY MANAGER TO EXECUTE THE
ATTACHED WORK AUTHORIZATION NO.
15414.:}1 ENTITLED "AVENTURA FOUNDERS
PARK PREPARATION OF FINAL CONSTRUCTION
PLANS AND BID DOCUMENTS" BY AND
BETWEEN THE CITY OF AVENTURA AND KEITH
AND SCHNARS, P.A.; AND PROVIDING AN
EFFECTIVE DATE.
(Authorizes work authorization for the preparation of
construction plans to bid the Aventura Founders Park
project)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA APPROVING AND
AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF
AVENTURA AND TRAFALGAR ASSOCIATES OF
AVENTURA, LTD., CONCERNING ROAD AND
DRAINAGE RIGHT-OF-WAY AND
IMPROVEMENTS; AND PROVIDING AN
EFFECTIVE DATE.
4
August 5, 1997 Council Meeting
(Authorizes the execution of Developers Agreement which
provides for the construction of NE 213t~ Street, NE 30th
Avenue and drainage improvements on behalf of the City
which would result in a cost savings in excess orS1 million)
MOTION TO AUTHORIZE THE CITY MANAGER
TO IMPLEMENT THE PROCESS TO SELECT AN
ARCHITECT FOR THE DESIGN OF
GOVERNMENT CENTER, POLICE, AND
CULTURAL FACILITIES.
(Authorizes the next phase of the process to obtain an
architect to prepare construction plans for the Government
Center)
8. PUBLIC HEARINGS: ORDINANCES - FIRST READING:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, REPEALING ORDINANCE NO. 96-15;
PROVIDING THE TERMS AND CONDITIONS FOR
THE OPERATION OF CABLE TELEVISION
SYSTEMS AND THE APPLICATION,
PROCEDURES AND REQUIREMENTS RELATING
TO THE GRANT OF FRANCHISES FOR THE
CONSTRUCTION, INSTALLATION, OPERATION
AND MAINTENANCE OF CABLE TELEVISION
SYSTEMS, EQUIPMENT AND FACILITIES IN, ON,
ACROSS, ABOVE OR THAT IN ANY MANNER
WHATSOEVER USE THE CITY'S PUBLIC RIGHTS
OF WAYS AND TO ENSURE THAT USE OF THE
CITY'S PUBLIC RIGHTS OF WAYS IS IN THE
PUBLIC INTEREST AND IN CONFORMANCE
WITH APPLICABLE LAW; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING A SAVINGS CLAUSE AND
EFFECTIVE DATE.
9. PUBLIC HEARINGS: ORDINANCES - SECOND HEADING:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, ESTABLISHING A STORMWATER
UTILITY SYSTEM FOR THE CITY; PROVIDING
FOR DEFINITIONS; MAKING CERTAIN FINDINGS
AND DETERMINATIONS; ESTABLISHING A
STORMWATER UTILITY FEE; ESTABLISHING A
August 5, 1997 Council Meeting
METHOD AND PROCEDURE FOR THE
COLLECTION OF STORMWATER UTILITY FEES;
DIRECTING THE CITY MANAGER TO MAINTAIN
CERTAIN RECORDS; PROVIDING FOR REPEAL
OF CONFLICTING ORDINANCES; PROVIDING
FOR SEVERABILITY, INCLUSION IN THE CODE
AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING THE CODE OF THE CITY
OF AVENTURA BY ADDING A NEW ORDINANCE
ENTITLED "FLOOD DAMAGE pREVENTION";
PROVIDING FOR STATUTORY AUTHORITY AND
LEGISLATIVE FINDINGS; PROVIDING AN
INTENT AND PURPOSE; PROVIDING
OBJECTIVES; PROVIDING DEFINITIONS;
PROVIDING GENERAL PROVISIONS; PROVIDING
ADMINISTRATIVE PROCEDURES AND
STANDARDS; PROVIDING FOR FLOOD HAZARD
REDUCTION; PROVIDING FOR VARIANCES AND
APPEALS; PROVIDING FOR THE REPEAL OF
CONFLICTING PROVISIONS; PROVIDING FOR
SEVERABILITY; INCLUSION IN THE CODE AND
AN EFFECTIVE DATE.
10. RESOLUTIONS:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA ENDORSING
METROPOLITAN DADE COUNTY'S WAGES
COALITION; AND PROVIDING AN EFFECTIVE
DATE. (Couneilmember Rogers-Libert)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA ENDORSING THE
CANDIDACY OF NORTH MIAMI BEACH VICE
MAYOR JOHN KURZMAN FOR THE POSITION OF
2~ VICE pRESIDENT OF THE FLORIDA LEAGUE
OF CITIES; AND PROVIDING AN EFFECTIVE
DATE. (Councilmember Rogers-Libert)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA SUPPORTING
DADE COUNTY PUBLIC SCHOOLS AND CALLING
6
August 5, 1997 Council Meeting
UPON THE STATE OF FLORIDA LEGISLATURE
TO HOLD A SPECIAL SESSION IN THE FALL OF
1997 TO DEVELOP AND PROVIDE THE
FLEXIBILITY NEEDED BY ALL SCHOOL BOARDS
IN THE STATE; AND PROVIDING AN EFFECTIVE
DATE. (Councilmember Rogers-Libert)
11. OTHER BUSINESS:
DISCUSSION AND POSSIBLE MOTION - BILLBOARDS
(Councilmember Berger)
12. REPORTS
13. PUBLIC COMMENTS
14. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS:
COUNCIL MEETING
Ist BUDGET PUBLIC HEARING
COUNCIL MEETING
2"a BUDGET PUBLIC HEARING
September 2, 1997 7 P.M.
September 9, 1997 7 P.M.
September 16, 1997 7 P.M.
September 23, 1997 7 P.M.
This meeting is open to the public. In accordance with the Am~cans with D~sabibt~es Act of 1990, all pexsons who are disabled and who need special
accommodations to participate in this meeting because of that disability should contact the Office of the City Clexk, 466-8901, not latex than two days
print to such proceeding.
Anyone wishing to appeal any derision made by the Aventura CRy Council with respect to any martex consulered at such mectmg or hearing will need
a record of the proceedings and, for such purpose, may need to ensure that a vexbatim record of the proceedings is made, which record includes the
te~imony and evidence upon which the appeal isto be based~
Agenda Rems may be viewed at the Office of the City Clerk, City of Aventuxa Govemmaat Centex, 2999 NE 191~ Slroa, Suite 500, Aventura,
Florida, 33180. Anyone wishingto obtain a copy of any agenda itom should contact the City Clerk at 466'g901 '
7
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT: Request of Aventura Mall Venture for a Sign Variance to permit temporary
signs to announce future tenants at the Aventura Mall.
August 5, 1997 City Council Meeting Agenda Item ,.'~
THE REQUEST
The applicant, Aventura Mall Venture, is requesting a Sign Variance for seven (7), 4'x4'
(16 square foot) temporary signs to be attached to the existing monument signs located
at each of four (4) entrances to Aventura Mall. These signs will be announcing future
tenants such as AMC Movie Theatres and Bloomingdale's so the request is for a
temporary basis only. At this time, there is one (1) temporary sign already on the
property, as allowed by the new sign code, however, the Mall would like two (2) signs at
each of four (4) Mall entrance locations, therefore, a Sign Variance is being requested.
RECOMMENDATION
It is recommended that the request for the Sign Variance be granted with the condition
that all temporary signage shall be removed within 30 days of the final Certificate of
Occupancy issued for the tenants advertised on the signs.
BACKGROUND
OWNER OF PROPERTY Aventura Mall Venture
ADDRESS OF PROPERTY 19501 Biscayne Boulevard
(See Exhibit "A" for Location Map)
LEGAL DESCRIPTION
EXISTING ZONING
FUTURE LAND USE DESIGNATION
Tract Q, Aventura 6th Addition as recorded in
Plat Book 120 Page 20 of the Public Records
of Dade County
BU-2, Special Business District
Business and Office
Zoning - The subject property and the properties to the north and south are zoned
BU-2, Special Business District. The properties to the east are zoned BU-2, Special
Business District and GU, Interim District.
Existing Land Use - The subject property is the Aventura Mall. The property to the
north is office and retail uses as is the property to the south. The property to the west is
the FEC Railroad right-of-way. The properties to the east are the Turnberry Country
Club and associated uses.
Future Land Use - The subject property and the properties to the north and south are
currently designated Business and Office according to the Adopted 2000 and 2010
Land Use Plan for Metro-Dade County, Florida. The properties to the east are
designated Industrial and Office.
The Site - The subject site is located at the northeast corner of Biscayne Boulevard and
the William Lehman Causeway. (See Exhibit "A" for a location map).
The Project - The Aventura Mall is currently in the process of a major expansion
project including Bloomingdale's and a new wing expansion. The applicant wishes to
advertise some of the larger future tenants that will be occupying new space now being
constructed. Therefore, the applicant wishes to attach temporary signage to the
existing monument signs along Biscayne Boulevard, Aventura Boulevard, and West
Country Club Drive
ANALYSIS
Consistency with Comprehensive Master Plan - The request is consistent with the
Dade County Comprehensive Master Plan.
2
Review by Other Agencies:
DERM- Approval not required.
Review by City Departments- All comments by other departments have been
addressed by the applicant and/or included as conditions of approval.
Community Development Department Analysis -
The new sign code allows the Mall:
· one (1) Detached, Free Standing or Monument Sign per access drive
· one (1) temporary Sign per establishment per calendar year
The applicant wishes to install a total of eight (8) signs - two (2) at each of four (4)
entrances to the Mall. The applicant has already installed one (1) temporary sign as
allowed under the code, however, a Sign variance is required for the additional seven
(7) signs.
Citizen Comments
The Community Development Department has not received any comments regarding
this application.
/staff reports/02-SV-97
3
EXHIBIT A
N
BROWARD
COUNTY
AV[N~RA
ST. cAUs~'WA¥
PLN~INED
SITE LOCA~ON
JNTY
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA; GRANTING A SIGN
VARIANCE FOR TEMPORARY SIGNS TO ANNOUNCE
FUTURE TENANTS AT THE AVENTURA MALL LOCATED
AT 19501 BISCAYNE BOULEVARD; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the property described herein is now governed by the City Council of
the City of Aventura; and
WHEREAS, the property described herein is zoned BU-2, Special Business
District; and
WHEREAS, the Applicant, Aventura Mall Venture has requested a Sign Variance
to permit temporary signs to announce future tenants at the Aventura Mall on that
certain property located at 19501 Biscayne Boulevard, and legally described as Tract Q,
Aventura 6th Addition as recorded in Plat Book 120, Page 20 of the Public Records of
Dade County; and
WHEREAS, the Community Development Department recommends approval of
these requests subject to conditions; and
WHEREAS, following proper notice, the City Council has held a public hearing,
as provided by law;, and
WHEREAS, the City Council finds that the Application meets the criteria of the
applicable codes and ordinances, to the extent the Application is granted herein; and
WHEREAS, the City Council finds that the request is reasonable and consistent
with all previous approvals.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. Application No. 02-SV-97 for a Sign Variance on property legally
described as:
Tract Q, Aventura 6th Addition as recorded in Plat Book 120, Page 20 of
the Public Records of Dade County
aka
Resolution No.
Page 2
Aventura Mall - 19501 Biscayne Boulevard
is hereby granted subject to the following condition:
STANDARD CONDITION
All temporary signage shall be removed within 30 days of the final Certificate of
Occupancy issued for the tenants advertised on the signs.
Section 2. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 3.. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Councilmember , who
moved its adoption. The motion was seconded by Councilmember ,
and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 5TM day of August, 1997.
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this
ARTHURI. SNYDER, MAYOR
day of ,1997.
CITY CLERK
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Council
July 22, 1997
/
re'or of Community
D~.velopment
Request of Aventura's Finest Hand Car Wash and Service, Inc., a Florida
Corporation for a Use Variance to permit an outside Car Wash in a
parking lot. Also included in the request are accompanying non-use
variances.
August 5, 1997 City Council Meeting Agenda Item ,,~-/~
RECOMMENDATION
It is recommended that the request for the Use Variance and accompanying non-use
variances be denied due to an existing lack of parking on the subject property and in
the immediate area. The subject property lies in the transitional area between the
business and industrial zoned districts. Since the City is particularly concerned with
future uses in this area, staff believes it would be inconsistent with the goals of the City
to approve such variances.
THE REQUEST
Aventura's Finest Hand Car Wash is presently conducting business in the parking lot at
the west side of the property located at 2890 NE 187 Street. The business is
conducted via a lease with the owners of the property, Big-E Marine Properties, Inc., a
Florida Corporation. The property is currently zoned IU-1, however, according to Dade
County Code, an outside Car Wash use is not allowed in this zoning district. The
applicant is requesting the following variances in order to continue to operate the
business on the subject property:
1. Use variance from Article XXlX/Chapter 33 of the Dade County Code to permit an
outside car wash to be located in the IU-1, Industrial, Light Manufacturing District.
2. Non-use variance from Article II/Chapter 33 of the Dade County Code to waive
eighteen feet (18') of the minimum required twenty-foot setback between buildings.
(Provision of two-foot (2') setback between buildings is proposed).
3. Non-use variance from Article VII/Chapter 33 of the Dade County Code to waive
thirty-five (35) of the minimum required sixty-eight parking spaces. (Provision of
thirty-three parking spaces proposed).
BACKGROUND
OWNER OF PROPERTY
ADDRESS OF PROPERTY
SIZE OF PROPERTY
LEGAL DESCRIPTION
EXISTING ZONING
FUTURE LAND USE DESIGNATION
Big-E Marine Properties, Inc., a
Corporation
2890 NE 187 Street
(See Exhibit "A" for Location Map)
Approximately 1.99 acres
Lengthy legal - See Exhibit "B"
IU-1, Industrial, Light Manufacturing District
Medium-High Density Residential
Florida
Zoning- The subject property and the property to the south are zoned IU-1,
Industrial, Light Manufacturing District. The properties to the east are zoned IU-2,
Industrial, Heavy Manufacturing District. The properties to the north are zoned BU-2,
Special Business District and the property to the west is zoned BU-1A, Limited
Business District.
Existing Land Use - The uses on the subject property currently includes a Marina
with retail sales (in conjunction with marine products) and an outside Car Wash. The
property to the north is Loehmann's Fashion Island. The property to the west is a retail
strip center. The properties to the east are marina uses and a canal. The property to
the south is vacant land.
Future Land Use - The subject property and the properties to the south are currently
designated Medium-High Density Residential according to the Adopted 2000 and 2010
Land Use Plan for Metro-Dade County, Florida. The properties to the north and west
2
are designated Business and Office. The properties to the east are designated
Industrial and Office.
The Site - The subject site is located on the southeast corner of NE 187 Street and NE
28 Court. The property is a roughly rectangular shaped piece of land approximately
320 feet by 220 feet and is approximately 1.99 acres in size. (See Exhibit "A" for a
location map).
The Project - The applicant is presently conducting business in the parking lot at the
west end of the property without any additional provisions for drainage. The applicant
proposes to wash cars underneath a canopy structure that is to be bermed along the
perimeter in order to drain wastewater into the sewer system.
Aventura's Finest Hand Car Wash was cited by City of Aventura Code Compliance for
operating without a Certificate of Occupancy in January of 1997. The City of Aventura
Special Master granted a 90 day continuance to Aventura's Finest Hand Car Wash on
February 19, 1997 with the purpose of providing the applicant enough time to bring the
variance requests to the City Council. On May 21, 1997 the Special Master granted
another continuance with a deadline of August 6, 1997.
ANALYSIS
Consistency with Comprehensive Master Plan - The request is inconsistent with
Policy 8B.6 of the Land Use Element of the Dade County Comprehensive Master Plan
as follows:
8B.
Dade County shall continue to maintain, and enhance as necessary, regulations
consistent with the CDMP which govern the use and development of land which,
as a minimum, regulate:
6) On site traffic flow and parking to ensure safety and convenience and that no
avoidable off-site traffic flow impediments are caused by development.
Review by Other Agencies:
DERM - DERM has approved the application to proceed with a public hearing for the
variances requested. Evidence of DERM approval for the detailed building plans is still
required prior to the Community Development Department granting administrative site
plan approval.
Review by City Departments- All comments by other departments have been
addressed by the applicant and/or included as conditions of approval.
3
Community Development Department Analysis - The Community Development
Department is not supportive of this project due to a general lack of parking on the
subject property and the immediate area.
Existinq Conditions
On a daily basis, cars are parked on the swale in front of the Hi Lift marina on NE 187
Street, wrapping around the corner along NE 29 Avenue, and continuing onto NE 188
Street. The cars are not parked in legitimate parking spaces, posing a safety c,-ncern
for traffic and pedestrians, as well as a detriment to landscaping in the right-of-way.
The owner of the marina has submitted documentation (see Exhibit C) showing the
average number of boat launches for the previous 10 months, boat launches being
indicative of parking spaces used. Although the applicant's documentation indicates
that average boat launches do not exceed 20 per day, several days throughout the
period experienced greater than 25 launches per day, exceeding the parking capacity
provided for the marina.
As evidenced by the analysis below, staff believes that the variance requests for an
additional use on the property do not warrant a possible exacerbation of the current
parking problem.
Evaluation of Variance Requests
1) The guidelines for approval of use variances as required by Dade County Code
Section 33-311(e)(1) require:
...where owing to special conditions, a literal enforcement of the provisions
thereof will result in unnecessary hardship, and so the spidt of the regulations
shall be observed and substantial justice done; provided, that the use
variance will be in harmony with the general purpose and intent of the
regulation, and that the same is the minimum use variance that will permit the
reasonable use of the premises...
The applicant is requesting a variance from the IU zoning district regulations to
permit an outside car wash (automobile washing is otherwise permitted j.n the BU-
lA, Limited Business District). The applicant h3s not provided staff with any
evidence that the property will be subject to a hardship without the granting of the
variance. The owner of the property is currently permitted a reasonable use of the
property, that being the marina.
4
2) The guidelines for approval of non-use variances as required by Dade County Code
Section 33-311(e)(2) require:
The non-use variance maintains the basic intent and purpose of the zoning,
subdivision and other land use regulations, which is to protect the general
welfare of the public, particularly as it affects the stability and appearance of
the community and provided that the non-use variance will be otherwise
compatible with the surrounding land uses and would not be detrimental to
the community.
a) Setback requirements- Staff finds no objection to the request for a 2-foot
setback between structures (20 feet required), as it relates to the criteria.
b)
Parking requirements- The subject property needs to support parking for
both businesses - the marina and the proposed car wash. Parking spaces used
by the marina cannot be double counted toward required spaces for the car
wash. Since Dade County was unable to locate the approved site plan for the
property, parking for the marina has been calculated using today's requirements.
Parking for the car wash facility has been calculated using the requirements for
the most similar use (Dade County does no provide calculations for outdoor Car
wash facilities). The table below shows required and provided parking spaces
for both uses.
Parking Required Provided
Marina 60 25
Car ~vash 8 8
Total 68 33
As observed by staff, the parking problem appears to be more than a "paper"
deficiency as shown above. At a minimum, the problem lies with existing car
wash customers parking on the designated landscaped area for the property and
marina customers parking on the swale.
In applying the criteria for the non-use variance for parking, staff believes that
the granting of the parking variance is likely to have a detrimental effect on the
surrounding community as it relates to stability (parking shortage) and
appearance (vehicles parked on landscaped areas).
Citizen Comments
Please see Exhibit '"D" for written comments regarding this application.
5
EXHIBIT A
OFF
136 0,
38
III
EXHIBIT B
C-.-.~ce at r/~ Northeast corner of ~h~ h'W 1/4 of the SE 1/4 of the SW 1/4 of
~ ~ 3, T~,52,,~, ~e 42 ~, ~ ~,
~; ~~W39 ~ ~t f~ a~t~ce of 180.25 f~t to
a~t; ~~8~20'35"~t f~ a~e of 70 f~t ~ a
~ ~39'~" ~t ~ ~ ~ ~t-of-~ ~ of N.E. 29~
~ ~ a ~ of 49.74 f~t ~ ~ ~t of ~ of ~
fol~ ~ ~1 ~ ~ ~t;of ~e of a ~ ~
ar~ oz ~.~ ~t, a~~ of 9W42 ~ , f~~e
of-~y 1~ f~ a ~s~e of 142.58 feet to a ~t; ~ ~ ~u~
~02'30" ~= for a ~e of 188.~ f~ ~ a ~t of ~a~u of a
~ ~r i~ e]~ a r~ of ~ f~t, a ~al ~ of 4~'53"
for a ~e of ~.~ feet ~ a ~t of ~e ~ ~e ~ ~
~ of 297.03 f~t ~ a ~t; ~ ~ ~39'~"~t,
216.10 feet ~ a ~t; ~e ~ 8~51'~" ~t for a ~e of 20
f~t ~ a ~t; ~ ~r~ ~39'~"~t for a ~e of 2~.41
feet to ~ ~t of ~, ~ 86,8~.9 s~ f~t, ~ or
l~s or L99 ~, ~ er l~s.
ToEether with the interest of ~rantors in that certain canal eas~t more
specifically set out in eas~-nt as~e~-~t ea~cuted by R. B. Gautier, Jr.,
individually and as Trustee, Joined by his wife, F~ances gautier, ~d
Atlas Texmirmls of Florida, Inc. to North Dade Acres, Inc., dated Jur~ 4,
1962, in O. R. Book 3185, pa~e 743 of the Public P~cerds of Dade County,
Florida.
Subject, however, to the terms and conditions of that certain
Covenant Running With The Land In Favor Of Metropolitan Dade
Countyrec~ded~t Official Records Book 13284, Page $12, of the
Public Records of Dade County, Florida.
AFFIDAVIT
EXHIBIT C
STATE OF FLORIDA )
):SS.
COUNTY OF DADE )
BEFORE ME, the undersigned authority, personally appeared
JOHN M. F?J.IS, who, after first being duly sworn, deposes and says:
1. That Affiant's name is JOHN M. ELLIS and he is President
of BIG-E MARINE PROPERTIES, INC., a Florida corporation, located at
2890 N.E. 187th Street, Aventura, Florida 33180.
2. That Affiant and Affiant's brother, ROBERT D. ELLIS, are
the major principals of BIG-E MARINE PROPERTIES, INC., a Florida
corporation.
3. That BIG-E MARINE PROPERTIES, INC., leases to HI-LIFT
MARINA, INC., a Florida corporation, the right to manage the
marina.
4. That HI-LIFTMARINA, INC., a Florida corporation, is also
located at 2890 N.E. 187th Street, Aventura, Florida 33180, which
is the marina address.
5. That Affiant is the Vice President of HI-LIFT MARINA,
INC., and Affiant and Affiant's brother, ROBERT D. ELLIS, are the
major principals of HI-LIFT MARINA, INC., a Florida corporation.
6. That Affiant has been requested by Michael J. Snyder,
Esquire, to compile information concerning the number of launches
done each day from the marina from October, 1996 to the present, of
which the winter months are the busiest.
7. As vice President of HI-LIFT MARINA, INC., a Florida
corporation, I have personal knowledge and I have compiled the
above-requested information and same is attached hereto and made a
part hereof as Exhibit "A."
8. This Affidavit represents to the City of Aventura that
Exhibit "A" attached hereto and made a part hereof is true and
correct.
9. This Affidavit is given in conjunction with the
Application of Aventura's Finest Hand Car Wash and Service, Inc.,
a Florida corporation.
FURTHER AFFIANT SAYETH NOT.
ELLIS, Affiant
SW RN T AND ~UBSCRIBED before me, this ,, day of July,
1997, b~JOHN~M-~_~LLIS~~-~crso.~a~-l~ kn~ or has
produced as identification.
NOT~~C,~tate of Florida
CL~rAP, Y Sr~,L
~C~L I S~
~N~Y PUBLIC STA~ OF ~
~ ~MMISS~ON NO. ~
L ~ ~MMI~ION ~p. ~y ~I~ [
Phone: Dade (305) 931-2550
Broward (305) 463-0733
Fax # (305) 935-0979
HI-LIFT MARINA, INC.
2890 N.E. 187th STREET
NORTH MIAMI BEACH, FLORIDA 33180
17 July, 1997
Mr. Michael J. Snyder, Esq.
20803 Biscayne Blvd., Suite 200
Aventura, Fl. 33180
Sent Via FAX 305-937-0102
(4 pages)
Subject: Occupation of storage space and customer boat usage for Hi-Lit~ Marina, Inc.
Dear Mr. Snyder:
At your request we have compiled the following data to give a current trend in the number of
customers that use their boats out of our marina. For the ten and one half month period from
September, 1996 through July 15, 1997, storage occupancy was as follows:
Sept. '96 160 boats;
Jan. '97 162 boats;
May '97 172 boats;
Oct. '96 162 boats; Nov. '96 168 boats; Dec. '96 165 boats;
Feb. '97 162 boats; Mar. '97 175 boats; Apr. '97 172 boats;
June '97 174 boats; July '97 166 boats
The average daily boat usage by storage customers (boat launches) is as follows for the same
10-1/2 month period:
DAY Sunday Monday Tuesday Wednesday Thursday Friday Saturday
LALrNCH
AVERAGE 16.8 4.9 5.1 5.9 8.2 8.8 19.9
Over our years of operation we have not experienced any parking overload, and in fact our own
customers have never utilized the parking spaces along the west side of our property, which is
now being utilized as a car wash. The highest customer usage days are Saturday and Sunday,
which are days that our staff is reduced to a minimum without any parts or service personnel,
thus opening up additional parking for our customers.
I have enclosed a daily breakdown of boat launches for your review, which was the basis for
above launch averages. Please contact me with any further questions.
Vice President
EXHIBIT "A"
September 1996
Sun Moa Tug Wed Thu Ffi Sat
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30
November 1996
Sun Mon Tue Wed 'Ihu Fri Sat I
l!2
Io~8
I
10 11 12 13 14 15 16
Iq '7 Z 'Z o o Z
17 18 19 20 21 22 23
q o 7__ ~ ~5 s i/
24 25 2627 28 2930
i7_ I Z g q II iz
October 1996
Sun Mort 'rue Wed Thu Fri Sat I
1 2 3 4 5
~ ~ q Z 7
6 7 8 9 10 11 12
13 14: 15 16 17 18 19
2~ 21 22 23 24 25 26
2-9 9 7 ~ q lo 15
27 28 29 30J 31
December 1996
Sun Moa 'rue Wed Thu Fri Sat ]
1 2 34 5 67
Ioq 9 ~ 5 g,zz
8 9 10 11 12 13 14
15 16 17 18 19 20! 21
t~,2 i oqzz-.
22 23 24 25 26 27 28
lo ~ Zs o z~ I:g ~o
29 30 31
January1997
I Sun Mort 'rue Wed Thu Fri Sat I
l 2 3 4
5 6 7 8 9 10 11
t~ ~ z q q 'z 7
12 13 14 15 16 17
19 20 21 22 ~ 24
q ~ S 6 ~o lz~
26 27 ~ 29 ~
March 1997
] Sma Mort Tue Wed Tau Ffi Sat {
2~
2 3 4 5 6 8
23 24 25 26 27 28 29
30 31
February 1997
I Sun Mort q~e Wed Thu Frl Sat I
1
2 3 4 5 6 7 8
9 I0 11 12 13 14 ' 13
16 17 18 19 20 21 2z
Iq I ~ ~ IZ [g 27,
~ ~4 ~ ~ Z?
April 1997
I Sim M~m Tue Wed Thu Frl Sat ]
May 1997
Sun Mort Tue Wed Thu Ffi Sat ]
1 2 3
ig 17__
4 5 6 7 8 9 10
3) I2,t-t B q2q
11 12 13 14 -- 15 16 17
II o q-~ lOC?~
18 19 20 21 22 23 24
Iq '7 7 S q -7 30
25 26 27 28 29 30 31
June 1997
Sun Mo~ Tue Wed Thu Ffi Sat I
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
~ 23 ~ 25 ~ 27 ~
29i 30
July 1997
Sun Men Tue Wed Thu Fri Sat ]
1 2 3 4 5
q g
6 7 8 9 10 11 12
13 14 15 16 17 18 19
.2q ~7 or
20 21 22 23 24~ 25 26!
27 28 29 3~ - 31
EXHIBIT D
MAY 1 ~ 1997
COMMUNITY D£VI:'LOPMFN¥
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA DENYING A USE VARIANCE
FOR PROPERTY LOCATED AT 2890 NE 187 STREET TO
PERMIT AN OUTSIDE CAR WASH IN A PARKING LOT;
DENYING A NON-USE VARIANCE TO WAIVE EIGHTEEN
FEET (18') OF THE MINIMUM REQUIRED TWENTY FOOT
SETBACK BETWEEN BUILDINGS WHERE A PROVISION
OF TWO FOOT (2') SETBACK BETWEEN BUILDINGS IS
PROPOSED; DENYING A NON-USE VARIANCE TO
WAIVE THIRTY-FIVE (35) OF THE MINIMUM REQUIRED
SIXTY-EIGHT PARKING SPACES WHERE A PROVISION
OF THIRTY-THREE PARKING SPACES IS PROPOSED;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Aventura recognizes Resolution 5059, passed and
adopted by the Board of County Commissioners on the 10th day of June, 1952; and
WHEREAS, the property described herein is zoned IU-1, Industrial, Light
Manufacturing District; and
WHEREAS, the Applicant, Aventura's Finest Hand Car Wash, Inc., a Florida
Corporation, is requesting a Use Variance to permit an outside car wash in a parking
lot on that certain property located at 2890 NE 187 Street, as legally described on
Exhibit "A" attached hereto; and
WHEREAS, the Applicant, Big-E Marine Properties, Inc., a Florida Corporation,
is requesting a Non-Use Variance to waive eighteen feet (18') of the minimum required
twenty foot setback between buildings where a provision of a two foot (2') setback
between buildings is proposed; and
WHEREAS, the Applicant, Big-E Marine Properties, Inc., a Florida Corporation,
is requesting a Non-Use Variance to waive thirty-five (35) of the minimum required
sixty-eight parking spaces where a provision of thirty-three parking spaces is proposed;
and
Resolution No. 97-
Page 2
WHEREAS, the Community Development Department recommends denial of
these requests; and
WHEREAS, the City Council has held a public hearing as provided by law; and
WHEREAS, the City Council finds that the Application does not meet the criteria
of the applicable codes and ordinances, to the extent the Application is denied herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. Application No. 01-VAR-97 for a Use Variance to permit an outside
car wash in a parking lot on property legally described as:
See Exhibit "A" for the legal description of the subject
property
AKA
2890 NE 187 Street
is hereby denied.
Section 2. Application No. 01-VAR-97 for a Non-Use Variance to waive
eighteen feet (18') of the minimum required twenty foot setback between buildings
where a provision of two foot (2') setback between buildings is proposed is hereby
denied.
Section 3. Application No. 01-VAR-97 for a Non-Use Variance to waive thirty-
five (35) of the minimum required sixty-eight parking spaces where a provision of thirty-
three parking spaces is proposed is hereby denied.
Resolution No. 97-
Page 3
Section 4. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Councilmember
moved its adoption. The motion was seconded by Councilmember
upon being put to a vote, the vote was as follows:
Councilmember Adhur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 5th day of August, 1997.
who
and
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this __ day of
997.
CITY CLERK
OFf:
38
EXHIBIT A
Cz,-~ce at the Nortb---t corner of the NW 1/4 of the SE 1/4 of Cfm SW 1/4 of
~actiomal Sec~ 3 Township 52 South, Range 42 East, Dada Cc~mty,
Florida; thence n~ North 0'39'25 1~st for a distance of 180.25 feet to
a point; t/~ence ~un North 89~20'35'' East for a distmmce of 70 feet to a
point .~ the East right-of-way line of N.E. 29th Aveeua; thence nm
South 0'39'2~" Esst aio~g tl~ F~st right-of-way line of N.E. 29th
Avenue for a distance of 49.74 feet to the point of beginning of the
following deserlbed parcel ~nd the point:of eurvatore of a curve concave
to the No~'.&~est; thence eo~r/nu~ aic~g said curve, having for its ele~nts
a radius of 198.90 feet, a ee~crai ~ of 90,42'~O", for an are distance
of 314.90 feet to the poLnt of cangeeey on the South right-of-way line of
N.E. 187ch S~reet; ~hence r~ North 89~56'45'' West along said South right-
of-way line for a dis~nce of 142.58 fee= to a point; thence r~a South
0~02'30'' West for a distance of 188.64 feet to a point of curvature of a
curve coo~a~e co the Northeast; =hcnce r~ alomg the arc of said cur~e,
hay/rig for its e]-,~ts a radius of 30 feet, a central ~ngle of 45~04'53''
for a distance of 23.60 feet to a point of reverse curve; thence nm aicng
the are of a eur~e ee~ca~ to the Sout/~est, havJ~g for its elements a
radius of 100 feet, a e~mtral angle of 21°29'05'' for a distance of 37.50
f~ee= to a point on said curve, said point bearing North 66~26'42'' East
~v~ the eemtor of said cur~; thence nm South 8g'58'15" EesC for a
dist~mce of 297.03 feet to a point; thence rrm North 0,39'25" West,
216.10 feet to a point; thence nm .North 88'§1'~4" East for a distance of 20
feet to a point; fl~nee nm North 0,39'95" West for a distance of 225.41
feet to the point of beginn/ng, cc~t-4ntng 86,815.9 square feet, more or
less or 1.99 acres, m~re or less.
To~erller with the interest of Erantors in that cern-{- canal essen~t more
specifically set out in easement agreement esecuted by R. B. Gautier, Jr.,
indiv~m,~ly and es Trustee, Joined by his wife, iTances '~antier. and
Atlas T~ls of Florida, Inc. to Norr_h Dade Acres, Inc., dated J~e 4,
1962, in O. R. Book 3185, pa6e 743 of the Public Records of Dade Ommty,
Florida.
Subject, however, to the terms and conditions of that certain
Covenant Running With The Land In Favor Of Metropolitan Dade
Countyrec~dedat Official Records Book 13284, Page 512, of the
Public Records of Dade County, Florida.
MINUTES
CITY COUNCIL MEETING
CITY OF AVENTURA, FLORIDA
TUESDAY, JULY 1, 1997 6:30 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 at 6:35 p.m. by
Vice Mayor Jeffrey M. Perlow. Present were Councilmembers Arthur Berger, Jay R.
Beskin, Ken Cohen, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Jeffrey M.
Perlow, City Manager Eric M. Soroka, City Clerk Teresa M Smith, and City
Attorneys Stephen J. Helfman and David M. Wolpin. Mayor Snyder was absent due
to illness. As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Leonard Geller led the pledge of allegiance.
3. ZONING HEARINGS - SPECIALLY SET BY COUNCIL
Vice Mayor Perlow noted that the following zoning hearings were quasi-judicial in
nature and ex parte communications made by Council were disclosed and
appropriately filed in writing with the City Clerk in accordance with Ordinance No. 96-
09.
A. APPLICANT: MIAMI BEACH HEALTHCARE GROUP, LTD.
Mr. Helfman read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA; GRANTING SITE
PLAN APPROVAL FOR PROPERTY LOCATED AT
THE NORTHWEST CORNER OF NE 209 STREET
AND NE 27 COURT TO PERMIT A THREE STORY
MEDICAL OFFICE BUILDING; AND GRANTING A
VARIANCE FROM THE MAXIMUM BUILDING
HEIGHT NOT TO EXCEED TWENTY-FOUR (24)
FEET WHERE FORTY (40) FEET IS PROPOSED;
AND GRANTING A VARIANCE FROM THE
MAXIMUM ALLOWED FLOOR AREA RATIO (FAR)
NOT TO EXCEED 0.60 FOR A TWO STORY
BUILDING WHERE A THREE STORY BUILDING IS
PROPOSED; AND GRANTING A VARIANCE FROM
THE REQUIRED FIVE (5) FOOT DECORATIVE
WALL WHERE NO WALL IS PROPOSED; AND
PROVIDING AN EFFECTIVE DATE.
Vice Mayor Perlow opened the public hearing. All witnesses giving testimony were
sworn in by the City Clerk. The following individuals addressed Council: Community
Development Director Jaye M. Epstein; Inez Marrero, Esq., 1221 Brickell Avenue;
and Davide M. Carbone, CEO, Columbia Aventura Hospital and Medical Center.
There being no further speakers, the public hearing was closed. A motion for
approval with an amendment to the first Whereas clause to replace Board of County
Commissioners with City of Aventura was offered by Councilmember Rogers-Libert,
and seconded by Councilmember Cohen. The motion passed unanimously by roll
call vote and Resolution No. 97-41 was adopted.
At this time, a Certificate of Appreciation was presented to Davide M. Carbone for
providing the use of the Medical Center facilities to the City.
B. APPLICANT: AVENTURA COMMONS ASSOCIATES, LTD.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA GRANTING
SPECIAL EXCEPTION APPROVAL FOR
PROPERTY LOCATED ON THE EAST SIDE OF
BISCAYNE BOULEVARD BETWEEN NE 210
STREET AND NE 213 STREET TO PERMIT A
SECOND COCKTAIL LOUNGE IN A RESTAURANT
WITHIN A SHOPPING CENTER WHERE ONE (1)
COCKTAIL LOUNGE WITHIN A RESTAURANT IS
ALLOWED IN A SHOPPING CENTER AND, WHICH
SECOND RESTAURANT IS LOCATED WITHIN 500
FEET OF A PLACE OF WORSHIP; PROVIDING AN
EFFECTIVE DATE.
Jeffrey Bercow, Esq., 200 S. Biscayne Blvd., on behalf of the applicant, requested
withdrawal of this application. A motion was offered by Councilmember Rogers-
Libert, seconded by Councilmember Holzberg and unanimously passed that this
item be withdrawn.
C. APPLICANT:
AVENTURA BAY TOWNHOMES CORP.
Mr. Helfman read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA GRANTING A
VARIANCE FROM THE REQUIRED TWO (2) OFF-
STREET PARKING SPACES TO PERMIT
2
GARAGES TO APPLY TOWARDS ONE OF THE
TWO REQUIRED SPACES; VARIANCE FROM THE
MINIMUM REQUIRED TWENTY (20) FEET
SETBACK FROM GARAGE TO NEAREST EDGE
OF ROADWAY PAVEMENT; AND VARIANCE
FROM THE MINIMUM FIFTEEN (15) FEET
SETBACK FROM A GROUP OF TOWNHOUSES TO
A PUBLIC OR PRIVATE STREET TO PERMIT THE
CONSTRUCTION OF SIXTY-FIVE (65)
TOWNHOUSE UNITS FOR THE PROPERTY
LOCATED ON THE SOUTHWEST CORNER OF NE
185 STREET AND NE 31 AVENUE; AND
PROVIDING AN EFFECTIVE DATE.
Vice Mayor Perlow opened the public hearing. All witnesses giving testimony were
sworn in by the City Clerk. The following individuals addressed Council: Jeffrey
Bercow, Esq.; and Robert Schrier, President of Admirals Port Townhomes
Association. There being no further speakers, the public hearing was closed. A
motion for approval was offered by Councilmember Beskin, and seconded by
Councilmember Rogers-Libert. An amendment was offered by Councilmember
Beskin, seconded by Councilmember Rogers-Libert and unanimously passed to
amend Condition 12 to eliminate the word "building" and add "except for a permit to
construct the wall." The motion for approval, as amended, passed unanimously by
roll call vote and Resolution No. 97-42 was adopted.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the June 3, 1997
Council Meeting was offered by Councilmember Rogers-Libert, seconded by
Councilmember Holzberg and unanimously passed. A motion to approve the
minutes of the June 25, 1997 Council Meeting was offered by Councilmember
Rogers-Libert, seconded by Councilmember Berger and unanimously passed.
5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS:
Councilmember Beskin requested removal of item 7-B from the Consent Agenda.
6. SPECIAL PRESENTATIONS: A Certificate of Appreciation ware presented to
Manny Grossman on behalf of the Coronado Condominium Association Board of
Directors for providing the use of the Coronado Condominium facilities by the City.
Council presented a Proclamation to City Manager Eric M. Soroka in recognition of
his first year as City Manager and commended him on his accomplishments on
behalf of the City.
7. CONSENT AGENDA: A motion for approval was offered by Councilmember
Beskin, seconded by Councilmember Berger and unanimously passed, thus the
following action was taken:
3
Resolution No. 97-43 was adopted:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING
THE CITY MANAGER TO EXECUTE THE
ATTACHED INTERLOCAL AGREEMENT WITH
METROPOLITAN DADE COUNTY RELATIVE TO
THE IMPLEMENTATION OF A PROGRAM TO
FOSTER COMPATIBLE BOUNDARIES BETWEEN
MUNICIPALITIES AND UNINCORPORATED
AREAS; AUTHORIZING THE CiTY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT
THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
Mr. Wolpin read the following ordinance by title and it
reading by roll call vote:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING THE CODE OF THE CITY
OF AVENTURA BY ADDING A NEW ORDINANCE
ENTITLED "FLOOD DAMAGE PREVENTION";
PROVIDING FOR STATUTORY AUTHORITY AND
LEGISLATIVE FINDINGS; PROVIDING AN INTENT
AND PURPOSE; PROVIDING OBJECTIVES;
PROVIDING DEFINITIONS; PROVIDING GENERAL
PROVISIONS; PROVIDING ADMINISTRATIVE
PROCEDURES AND STANDARDS; PROVIDING
FOR FLOOD HAZARD REDUCTION; PROVIDING
FOR VARIANCES AND APPEALS; PROVIDING
FOR THE REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY;
INCLUSION IN THE CODE AND AN EFFECTIVE
DATE.
was passed on first
B=
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING
THE CiTY MANAGER TO EXECUTE THE
ATTACHED QUIT CLAIM DEEDS TO TRANSFER
CERTAIN PUBLIC STREETS AND ALLEYS AND
TWO PARCELS OF LAND TO THE FLORIDA
4
DEPARTMENT OF TRANSPORTATION IN
CONNECTION WITH THE CONSTRUCTION OF
BISCAYNE BOULEVARD IMPROVEMENTS PHASE
7; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
A motion for approval was offered by Councilmember Berger and seconded by
Councilmember Cohen. Danny Iglesias, 16711 Collins Avenue and Richard Lineberger,
representatives of FDOT addressed Council. An amendment was offered by
Councilmember Rogers-Libert, seconded by Councilmember Cohen and unanimously
passed that if the parcels of right-of-way (Parcels 119 and 120) or Parcels 108, 109 and
110 of Phase 7 of the Biscayne Boulevard Project are not fully used by FDOT for the
purpose of the project by January 1, 2003, the City shall have the option to promptly
require FDOT to re-convey the subject land to the City with no payment of monetary
consideration. The motion for approval, as amended, was unanimously passed by roll
call vote and Resolution No. 97 ~.~. was adopted.
8. PUBLIC HEARINGS: ORDINANCES- SECOND READING - None
9. RESOLUTIONS: None
10. OTHER BUSINESS: None
11. REPORTS: As submitted.
12. PUBLIC COMMENTS: The following individuals addressed Council: Lionel
Socolov, 3530 Mystic Point Drive; Harry Crook, Commodore Plaza; Leonard
Geller, Commodore Plaza; George Berlin, Turnberry & Associates; Manny
Grossman, 20335 W. Country Club Drive.; and Rev. Will Keyser, Church of
Aventura.
13. ADJOURNMENT. There being no further business to come before Council at
this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 9:05 p.m.
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 st 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 if made, which record includes the testimony and evidence upon which
the appeal is to be based.
5
COUNCIL WORKSHOP MEETING
JULY 7, 1997 - 1 P.M.
AVENTURA GOVERNMENT CENTER
2999 NE 191sT STREET SUITE 500
AVENTURA, FLORIDA
The meeting was called to order by Mayor Arthur I. Snyder at 1 p.m. Present were
Councilmembers Arthur Berger, Jay R. Beskin, Ken Cohen, Harry Holzberg, Patricia
Rogers-Libert, Vice Mayor Jeffrey Perlow, Mayor Arthur I. Snyder, City Manager Eric M.
Soroka, City Attorney David M. Wolpin and City Clerk Teresa M. Smith. The following
items ware discussed:
FDOT Created Non-ConforminR Uses. Mr. Wolpin explained the need for
developing a policy for dealing with land-use non-conformities that would be created
by the Florida Department of Transportation (FDOT) right-of-way acquisitions
associated with the improvement of Biscayne Boulevard. Debra Herman,
representing FDOT, addressed Council and explained that approximately 10
parcels would be affected. The following people spoke relative to this matter: Mr.
Rubin, counsel for Loehman's Plaza; George Berlin, Turnberry Associates; Steve
Pappas, Pappas Properties. It was the consensus of Council to proceed on August
5, 1997 with first reading of an ordinance similar to that enacted in Hernando
County to provide a standing upon which governmental entities can apply to Council
for approval of certain non-conformities.
Proposed City Charter Amendments. Consensus of Council to proceed with the
following Charter amendments:
Section 2.02: - Amend (a) to provide that the Mayor may, with the consent of
Council, create and appoint sub-committees of the Council consistin,q, of two or
more Councilmembers. Amend (b) to provide that the term of the Vice Mayor shall
be semi-annually.
Section 2.05 c__~.' Amend to provide that if the Mayor vacates office and 6 months
or less remain in his term, the Vice Mayor will assume that office. If more than 6
months remain, the vacancy shall be filled by a special election. If a vacancy
occurs on the Council and less than 6 months remain, the vacancy is filled by
appointment of Council. If more than 6 months remain, vacancy is filled by a special
election.
Section 3.05: Amend to provide that the City Council may provide by ordinance for
the City Manager to funish a fidelity bond. Eliminate "surety" and "said bond to be
conditioned on the faithful performance of his/her duties."
Section 3.11: To remain as is.
Section 5.01 To remain as is.
Section 7.03: Add to end "The City Council may adopt additional standards of
conduct and code of ethics requirements that are not inconsistent with Federal,
State, County or other applicable law."
Other amendments: Change "Council" and "Councilmembers" to "Commission" and
"Commissioners".
Amend election date to the 4th Tuesday in October.
City Attorney to prepare an Ordinance providing for a qualifying period of 7-10 days,
the last day of which to be 4 weeks prior to the date of the election.
Ordinance providing for Charter Change election to be placed on an agenda for
Council consideration on or before first Tuesday in March, 1998.
5-minute recess - Mayor left the meeting at this time.
3. Ethics Ordinance.
Consensus of Council to re-title Section 3 "Conflict of Interest"
and define "organization." First reading to be held on August 5, 1997 under
Consent Agenda.
4. Proposed Development Moratorium. City Attorney directed to prepare legislation
providing a moratorium for development in the industrial area surrounding Fort
Apache Marina and northwest of the Columbia Aventura Hospital and Medical
Center.
7. Requests for Fundin.q. (Taken out of order). Mr. Soroka explained the requests
received: 1) North Miami Foundation for Senior Citizens Services, Inc.; and 2)
Virginia A. Boone Highland Oaks Elementary School Botanical Learning Center.
Consensus of Council not to proceed.
$. City Manaqer Review. Consensus of Council to amend City Manager's contract, by
Resolution, retroactive to June 3, 1997, as follows: increase salary by $4,000;
$6,000 bonus; and increase car allowance to $600 per month.
2
6. Study to Establish Fire Department. Vice Mayor Perlow suggested a Charter
amendment to remove Section 7.10 which provides that the City will utilize the
services of the Metro Dade Fire Rescue Department. Consensus of Council not to
proceed.
7. Other Business. Consensus of Council for Chairperson of Advisory Boards to
appear before Council at next Workshop Meeting to provide status of each Board's
actions. Consensus of Council not to schedule shopping activities outside of
Aventura. Council then discussed the Sunshine Law.
There being no further discussion, the meeting adjourned at 5:20 p.m.
Teresa M. Smith, CMC, City Clerk
Approved by Council on
,1997.
3
COUNCIL MEETING
JULY 21, 1997 - 9 A.M.
AVENTURA GOVERNMENT CENTER
2999 NE 191sT STREET SUITE 500
AVENTURA, FLORIDA
CALL TO ORDER/ROLL CALL: 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, Patricia Rogers-Libert, Vice Mayor Jeffrey
Perlow, Mayor Arthur I. Snyder, City Manager Eric M. Soroka, City Attorney
Richard Jay Weiss and City Clerk Teresa M. Smith. As a quorum was
determined to be present, the meeting commenced.
OVERVIEW AND REVIEW OF PROPOSED BUDGET: Mr. Soroka stated the
purpose of this meeting was to discuss the budget for fiscal year 1997/98. The
proposed document provides a budget in the amount of $25.7 million which
reflects a 2.6% increase over the previous year's budget. He stated that for the
third year there would be no property tax increase if the budget, as submitted,
were adopted. The proposed budget provides for the adoption of the 1995
County UMSA millage rate of 2.2270. Mr. Soroka reviewed with Council each of
the sections of the General Fund budget, as follows:
· REVENUES
GENERAL GOVERNMENT DEPARTMENTS (CITY
COUNCIL, OFFICE OF THE CITY MANAGER,
FINANCE SUPPORT SERVICES, LEGAL, CITY
CLERK)
· PUBLIC SAFETY DEPARTMENT
· COMMUNITY DEVELOPMENT DEPARTMENT
· COMMUNITY SERVICES DEPARTMENT
· NON-DEPARTMENTAL
· CAPITAL OUTLAY
A motion to approve the General Fund budget, subject to an increase in the
Legal Department Budget in the amount of $50,000, was offered by
Councilmember Cohen, seconded by Councilmember Beskin and unanimously
passed.
B. Mr. Soroka read the following Resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, ESTABLISHING A
PROPOSED MILLAGE RATE FOR THE YEAR
1997/98 FISCAL YEAR; PROVIDING FOR THE
DATE, TIME AND PLACE OF THE PUBLIC
HEARING TO CONSIDER THE PROPOSED
MILLAGE RATE AND TENTATIVE BUDGET; AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Councilmember Cohen and seconded by
Councilmember Holzberg. A motion to amend the resolution by adopting the
rolled back millage rate of 2.1584 in order to eliminate the need for publication of
a "Notice of Tax Increase" which would be required by State Law if the proposed
millage rate of 2.227 was adopted was offered by Councilmember Rogers-Libert
and seconded by Councilmember Berger. The amendment failed 1-6 with
Councilmember Rogers-Libert voting yes and Mayor Snyder, Vice Mayor Perlow
and Councilmembers Berger, Beskin, Cohen and Holzberg voting no. The
motion for approval passed 6-1 with Mayor Snyder, Vice Mayor Perlow and
Councilmembers Berger, Beskin, Cohen and Holzberg voting yes and
Councilmember Rogers-Libert voting no, thus Resolution No. 97-45 was
adopted.
Mr. Soroka reviewed the remainder of the Budget Funds proposed, as follows:
C. POLICE EDUCATION FUND
D. STREET MAINTENANCE FUND
E. POLICE CAPITAL OUTLAY IMPACT FEE FUND
F. PARK DEVELOPMENT FUND
G. DEBT SERVICE FUND
2
H. CAPITAL CONSTRUCTION FUND
I. STORMWATER UTILITY FUND
A motion for approval was offered by Councilmember Rogers-Libert, seconded
by Councilmember Cohen and unanimously passed
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA PROVIDING MERIT
SALARY INCREASE AND OTHER BENEFITS TO
CITY MANAGER; APPROVING FIRST
AMENDMENT TO EMPLOYMENT AGREEMENT
BETWEEN THE CITY MANAGER AND THE CITY
OF AVENTURA; PROVIDING AN EFFECTIVE
DATE.
A motion for adoption of the Resolution was offered by Councilmember Rogers-
Libert, seconded by Councilmember Holzberg and unanimously passed, thus
Resolution No. 97-46 was adopted.
PUBLIC COMMENTS: The following individual addressed Council: Ginger
Grossman, 20100 West Country Club Drive.
Mayor Snyder appointed a sub-Committee of Councilmembers Rogers-Libert
(appointed as Chair), Cohen and Vice Mayor Perlow to meet with the City
Manager and staff to develop guidelines for the Recreation and Cultural Arts
Advisory Board in preparation of recreation and cultural programs and events.
ADJOURNMENT. There being no further business to come before Council at
this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 12 noon.
Approved by Council on
Teresa M. Smith, CMC, City Clerk
Anyone wishing to appeal any decision made by the City Council with respec~ 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 if made, which record includes the testimony and evidence upon which
the appeal is to be based.
3
CITY OF AVENTURA
OFFICE OFTHECITYMANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council ty~~
Eric M. Soroka, Ci
July 15, 1997
Proposed Code of Ethics Ordinance
1st Reading August 5, 1997 City Council Meeting Agenda Item ~-/~
2nd Reading September 2, 1997 City Council Meeting Agenda Item
Attached please find the proposed Ethics Ordinance. The Ordinance contains the
revisions requested by the City Council at the Workshop Meeting.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0332-97
ROY J. BAROUET
STEPHEN S. BODDEN
NINA L, BON~SKE
DANIEL h. COULTOFF
L. ROBERT ELIAS
EDWARD G. GUEDES
STEPHEN J, HELFMAN
WEISS SEI:tOTA ~C HELF~ViAI~, P.A.
ATTORNEYS AT LAW
2665 SOUTH BAYSHORE DRIVE
SUITE
NIIAMi~ fLORIDA 33133
TELEPHone (305) 854-0800
TELECOPIER (30~) 854o23~3
July 8, 1997
B ROWAI~ D OFFICE
888 EAST LAB OLAS BOULEVARD
SUITE
FORT LAUDERDALE~ FLORIDA 33301
TELEPHONE (954} 763-~
Teresa M. Smith, CMC
City of Aventura
2999 Northeast 191st Street
Suite 500
Aventura, FL 33180
Re: Ordinance Providinq City of Aventura Ethics Code
Dear Teresa:
Pursuant to City Council action at the workshop meeting of
July 7, 1997, enclosed is the revised proposed Ethics Code
Ordinance for inclusion on the agenda of the next regular meeting
of the City Council.
Also enclosed is a disk of the Ordinance.
Yours truly,/
David M. Wolpin
RJW/cmb
Enclosure
328001
Eric M. Soroka, City Manager
Richard Jay Weiss, Esq.
RECEtVED
J U [ 1 19§6
OFFICe. OF THE
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
ESTABLISHING A CODE OF ETHICS; PROVIDING A
PENALTY; PROVIDING FOR SEVERABILITY, INCLUSION
IN THE CODE, AND AN EFFECTIVE DATE.
WHEREAS, the State of Florida and Metropolitan Dade County have recognized the
need to establish standards of ethical conduct for their public officers and employees by
adopting a "Code of Ethics" applicable to the public officers and employees of the State, the
County and municipalities, including the City of Aventura; and
WHEREAS, the City Council finds it in the public interest to establish standards of
ethical conduct for its public officers and employees by adopting a City "Code of Ethics" in
order to protect the integrity of every level of government and to insure that government will
be respected and trusted by the people.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Le,qislative Intent.
(1) It is essential to the proper conduct and operation of government that
public officials be independent and impartial and that public office not be used for
private gain other than the remuneration provided by law. The public interest,
therefore, requires that the law protect against any conflict of interest and establish
standards for the conduct of elected officials and government employees in
situations where conflicts may exist.
(2) It is the policy of the City of Aventura that no officer or employee of the
City, shall have any interest, financial or otherwise, direct or indirect; engage in any
business transaction or professional activity; or incur any obligation of any nature
which is in substantial conflict with the proper discharge of his or her duties in the
public interest. To implement this policy and strengthen the faith and confidence of
the City's residents in their government, the City of Aventura will enact a Code of
Ethics setting forth standards of conduct required of the City's public officers and
employees, in the performance of their official duties. It is the intent of the City that
Ordinance No. 97-__
Page 2
this code shall serve as a guide for the official conduct of the public officers and
employees of the City.
Section 2. Code of Ethics.
The conduct of the public officers and employees of the City of Aventura shall
be governed by the Code of Ethics of the City of Aventura which shall include:
(1) The State of Florida "Code of Ethics for Public Officers and
Employees", codified in Chapter 112, Florida Statutes, as may be amended from
time to time, and
(2) The "Dade County Conflict of Interest And Code of Ethics Ordinance",
codified at Section 2-11.1 et. seq., Dade County Code, as may be amended from
time to time, and
(3) Any provisions that the City Council may adopt from time to time in
addition to those set forth in subsections (1) and (2) above.
Section 3.
Additional Conflict of Interest Restriction Concerning Advisory Board
Members.
(1) No member of any City Advisory Board shall vote on or participate in
any way in any matter presented to the Board if said person is an officer, board
member, or director of an organization which would be or might be indirectly or
directly affected by any action of the Board or, if in any instance, the matter would
affect the member in a manner distinct from the manner in which it would affect the
public generally.
(2) Any Board Member who has any of the above relationships or who
would or might, directly or indirectly, profit or be enhanced by the action of the Board
shall absent himself or herself from the Board meeting during the discussion of the
subject item and shall not vote on or participate in any way in said matter.
(3) Whenever any Board member is in doubt as to the interpretation or
application of this section to his\her particular situation, the Board member may
submit to the City Attorney a written request for an opinion. The City Attorney shall
review the facts of the particular matter and shall provide an opinion to the Board
Member.
(4) For purposes of this Section, the term "Advisory Board" shall refer to
Ordinance No. 97-__
Page 3
the members of those City Advisory Board's whose primary responsibility is to
provide recommendations or advice to the City Council.
(5) For purposes of this Section, the term "organization" means a
corporation for profit or not-for-profit, and includes a political committee or committee
of continuous existence as defined in Chapter 106, F.S.
Section 4. Penalty. In addition to any penalties that may be prescribed by
the State of Florida or Metropolitan Dade County in their Codes of Ethics, a violation of any
provision of this Code shall additionally be punishable by a fine not to exceed $500.00.
Section 5. 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 6. Inclusion in the Code. It is the intention of the City Council, and it is
hereby ordained that the provisions of this Ordinance shall become and made a part of the
Code of the City of Aventura; that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to
"Section" or other appropriate word.
Section 7. Effective Date.
upon adoption on second reading.
The foregoing Ordinance was offered by Councilmember
adoption on first reading. The motion was seconded by Councilmember
This Ordinance shall be effective immediately
, who moved its
, and upon
3
Ordinance No. 97-__
Page 4
being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Patricia Rogers-Libert
Vice-Mayor Jeffrey M. Pedow
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Councilmember , who moved its
adoption on second reading. The motion was seconded by Councilmember , and
upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Patricia Rogers-Libert
Vice-Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 5th day of August, 1997.
PASSED AND ADOPTED on second reading this 2"d day of September, 1997.
Al-rEST
ARTHUR I. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY COUNCIL
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
July 30, 1997
Recommendation for Appointment to Beautification Advisory Board
To Fill Vacancy
City Council Meeting Agenda Item 7-B
Inasmuch as my appointee to the Beautification Advisory Board, Richard Brooks, has
resigned effective June 30, 1997, I would recommend that Stuart Schulman be
appointed to fill this vacancy.
Mr. Schulman attended the June meeting of the Beautification Advisory Board and is
eager to serve on this Board.
HH/tms
cc: City Council
cc: City Council 7/1/97
Merrill Lynch
Private Client Group
One Tumberry Place
19495 Biscayne Boulevard
Suite 700
Aventura, Florida 33180
30S 033 6200 Dade
800 937 0335 Toll Free
Monday, ,lone 30, 1991'
Robert M. Shcrma-
Cit~ of Av~t~a
2999 N~ 191St ~treet
Suite ~00
Awntm'a, Florida 331B0
D~r Robert:
D~ar Bob:
I an1 wril~lg at ~ ~ to ~f~ll y ~ ~ posilion oll thc ~h6~ory com/llil/eg.
This was a dimclllt dll~jsio~A do to lily ¢ommi~mt~t to O~ ~, ~ ~ I ~c ~t ~ to in~
~ ~Ic on ~e ~ m ~ ~ Ho~, ~ we ~ ~ m~ ~n~ ~ ~a ~ ~
~ ~ ~ tO ~ ~n~ ~,~in~,
i do hope that ot~er OplX)~mifiea will l~rcsent ~ in thc fulu~, and of course, I wish you amt the ~
of l~be adv~o~ board nil Ibc b~t of snccess with yo~ wonde/f~ ~ts*
TOTAL P. 02
RESOLUTION NO. __
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, APPROVING THE
APPOINTMENT OF STUART SCHULMAN TO THE CITY
OF AVENTURA BEAUTIFICATION ADVISORY BOARD IN
ORDER TO FILL A VACANCY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, by Ordinance No. 96-24, the City Council of the City of Aventura
provided for the creation of the Beautification Advisory Board; and
WHEREAS, in accordance with the provisions of Section 3.11 of the City Charter
of the City of Aventura, the City Council wishes to provide for approval of members to
the Beautification Advisory Board; and
WHEREAS, there presently exists a vacancy in the seven-member Board due to
the resignation of Richard Brooks; and
WHEREAS, this Council wishes to promptly fill that vacancy.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. The City Council hereby approves the appointment by the Mayor of
Stuart Schulman to serve as a member of the Beautification Advisory Board to fill the
vacancy created by the resignation of Richard Brooks.
Section 2. This Resolution shall become effective immediately upon its
adoption.
Resolution No.
Page 2
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:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 5th day of August, 1997.
Al-rEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
/tms
CITY OF AVENTURA
OFFICEOFTHECITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council '~~e
Eric M. Soroka, r
July 17, 1997
Resolution Requesting Dade County to Dissolve Street
Improvement Special Taxing Districts
Lighting
August 5, 1997 City Council Meeting Agenda Item
Recommendation
It is recommended that the City Council adopt the attached Resolution which requests
Dade County to dissolve the Biscayne Lake Gardens and Aventura Jewish Center
Street Lighting Special Taxing Districts. This action will allow the City to assume the
responsibility of providing street lighting services in the subject areas (see Exhibits A &
B).
Backqround
As previously advised, two street lighting districts were established by the County in
areas prior to incorporation of the City as follows:
a. Biscayne Gardens Street Lighting Improvement Special Taxing District,
established in February 1967.
b. Aventura Jewish Center Street Lighting Special Taxing District, established
May 1996.
These two areas serve public rights-of-way. It was common practice for the County to
establish street lighting districts and assess the property owners of the district for the
capital costs and ongoing FPL monthly fees. Qne of the priorities established by the
City Council was to dissolve the districts and have the City assume the monthly costs.
This policy was established in order to provide service to all areas on an equal basis.
Based on the street lighting policy passed by the City Council, the City currently pays
for the street lighting costs on all public rights-of-way.
In order to bring this matter before the Dade County Commission, the attached
Resolution is required to dissolve the districts.
City Council
Page 2
July 17, 1997
If you have any questions, please feel free to contact me.
EMS/tms
attachment
cc0335-97
"AVENTURA JEWISH CENTER STREET
LIGHTING SPECIAL TAXING DISTRICT"
L-458 COBII. 4
SE~nON:34 - 51 - 42
E:X].I~T "A'
I~ON
(SC~
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, REQUESTING THE BOARD
OF COUNTY COMMISSIONERS OF METROPOLITAN
DADE COUNTY TO ABOLISH AND DISCONTINUE THE
"BISCAYNE LAKE GARDENS STREET LIGHTING
IMPROVEMENT SPECIAL TAXING DISTRICT" AND THE
"AVENTURA JEWISH CENTER STREET LIGHTING
SPECIAL TAXING DISTRICT," TO ENABLE THE CITY OF
AVENTURA TO PROVIDE STREET LIGHTING SERVICES
WITHIN SUCH SPECIAL TAXING DISTRICTS;
AUTHORZING THE CITY MANAGER TO TAKE ALL
ACTION REASONABLY NECESSARY TO IMPLEMENT
THE PROVISIONS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Resolution R-188-67 as adopted on February 21, 1967,
the Board of County Commissioners of Metropolitan Dade County (the "Board")
established the "Biscayne Lake Gardens Street Lighting Improvement Special Taxing
District" (the "Special Taxing District"); and
WHEREAS, pursuant to Ordinance No. 96-65 as adopted on May 7, 1996, the
Board established the "Aventura Jewish Center Street Lighting Special Taxing District"
(the Spec~a Taxing D str ); and
WHEREAS, pursuant to Section 1.01(A) (11) of the County Charter, the Board
has the authority to abolish and discontinue Special Taxing Districts established
pursuant to Chapter 18 of the County Code; and
WHEREAS, the City of Aventura (the "City") was created on November 7, 1995,
upon approval of the City Charter by the electors of the City; and
Resolution No. 97-
Page 2
WHEREAS, the two Special Taxing Districts described above are located within
the territory of the City; and
WHEREAS, the City Council desires, as provided herein, to assume
responsibility to provide street lighting services within the area of the City comprising
the Special Taxing Districts described above.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That the above recitals are hereby confirmed.
.Section 2. That effective as of October 1, 1997, the City Council requests the
Board to abolish and discontinue the Street Lighting Districts, and to assign the Board's
interest in Street Lighting Agreements with Florida Power & Light ("FP&L") for the
Special Taxing Districts to the City, subject to approval of such assignment by FP&L, so
as to enable the City to hereafter provide street lighting services within the area
previously served by the Street Lighting Districts.
Section 3. That the City Manager is hereby authorized to take ali action
reasonably necessary to implement the provisions of this Resolution.
Section 4. That this Resolution shall be effective immediately from and after
adoption hereof.
The foregoing
CounciLmember
ResoLution was offered by Councilmember
, who moved its adoption. The motion was seconded by
, and upon being put to a vote, the vote was
as follows:
Resolution No. 97-
Page 3
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Adhur I. Snyder
PASSED AND ADOPTED this 5th day of August, 1997.
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council ~
Eric M. Soroka,/~/~a~g~r
July31, 1997 '-~ ~
Resolution Authorizing Execution of Work Authorization -
Stormwater User Fee Program Phase II Implementation
August 5, 1997 City Council Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Council authorize the execution of the attached Work
Authorization that consists of reviewing and updating existing billing units to accurately
reflect correct billing information and increase potential revenue for the City's
Stormwater Utility Program.
BACKGROUND
The City's subconsultant, Camp Dresser & McKee (CDM) performed a statistical
analysis on the stormwater utility database obtained from the County. The County
currently charges all properties a stormwater utility fee. A total of 1,554 accounts were
located in the City. However, 575 of a total of 1,554 accounts are currently generating
no revenue per CDM's review of billing accounts information provided by the County.
It is recommended that prior to the billing of the stormwater utility fee, the existing
database should be reviewed and updated. It is estimated that the City could increase
the number of potential billing units by 7,060 or generate an additional $169,440 in
revenue (see attached schedule).
The cost of the study is $72,750 and will be completed in conjunction with the billing
process that will begin in October. If you have any questions please feel free to contact
me.
Attachment
EMS/aca
CC0345-97
Table 5-2
City of Aventura
Potential Stormwater Monthly Units
Code D~d~ :{~ : ::'c~
Ip Revenue :~
1 Single Family Residential 680 0 680 880 680
2 Commercial 41 107 148 148 2,280
3 Industrial 0 0 0 0 0
4 Multi-Family Residential 146 18 164 14,911 14,911
5 Single Commercial 90 175 265 265 4,160
6 Multi-Commercial 20 21 41 41 672
7 Government 2 28 30 30 432
8 Fire Linet2) '0 113 113 0
9 Sprinkler(2) 0 113 113 0
TOTAL 979 575 1,554 16,075 23,136
Data provided by Miami-Dade Water and Sewer Department
Fire lines and sprinklers are not typically charged a stormwater utility fee
The following assumptions were made when calculating the potential stormwater monthly units:
-- 75 percenI of accounls curentt/generating no revenue will add additional revenue once the billing database is updaled
-- There are 20 monthly units per account for ali non-residential revenue codes.
-- 8 percent of poIenlial revenue will go uncollected due to errors in billing, seasonal residents, inactive accounts,
or non-payment by the customer.
('~amp Dresser & McKec
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION NO. 15414.30 ENTITLED "USER FEE
PROGRAM PHASE II IMPLEMENTATION" FOR
PROFESSIONAL ENGINEERING SERVICES BY AND
BETWEEN THE CITY OF AVENTURA AND KEITH AND
SCHNARS, P.A.; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Work Authorization No. 15414.30 in the amount of $72,750 entitled "User Fee Program
Phase II Implementation" for professional engineering services by and between the City
and Keith and Schnars, P.A.
.Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Councilmember
who moved its
adoption. The motion was seconded by Councilmember
, and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Resolution No.
Page 2
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 5th day of August, 1997.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
KEITH & SCHNARS P.A.
F-?16 T-SD5 P-00~/018 AUG 01 ~g? 09:0~
WORK AUTHORIZATION NO. 15414.30
The City of Aventura has requested Work Authorization No. 15414.30, as provided for in
the agreement between the City of Aventura and Keith and Schnars, P.A. and approved
by the City Commission on August 20, 1996.
This Work Authorization No. 15414.30 provides for technical services in accordance with
Articles 3 and 4 of the agreement as further detailed in the scope of services in Exhibit A.
Payment for such services shall be in accordance with Article 5 of lhe agreement,
Total estimated labor and reimbursable expenses are $72,750.00
The time period for this work authorization will be 120 days.
ATTEST
BY
City Clerk
Teresa M. Smith
APPROVED AS TO FORM
BY
City Attorney
Weiss~Serota~ Helfman. P.A.
CITY OF AVENTURA, FLORIDA
through its City Manager
BY
City Manager
Eric M. Soroka
~ day of ,19
Notice to Proceed Yes No
Project Initiation Date
RECOMMENDED through its
Director of Community Service
BY
Director of Community Service
Robert M. Sherman
__ day of ,19
Exhibit A
Work Authorization No. 15414.30
Stormwater User Fee Program
Phase II - Implementation
Scope of Consulting Services
between
The City of Aventura, Florida
and
Keith and Schnars, P.A.
July 30, 1997
3857717698 MHITN & 8C~$ P.O. F-?I6 T-595 P-004/018 ~ 81 ~97 89;89
Exhibff A
WORK AUTHORIZATION NO. 15414.30
Stormwater User Fee Program
Phase II - Implementation
SCOPE OF CONSULTING SERVICES
PJ .AMm. E
The following scope of services identifies the specific tasks that need to be performed for
implementation of the stormwater management program for the City of Aventura and will
clearly document the resources needed to implement this transition. The necessary
stormwater management implementation components will be clarified to allow the City to
move forward in a positive effort to solve problems that exist or will be created as de-
velopment/redevelopment occurs.
TASK t - MASTER BILLING DATA FILE COLLECTION
Camp, Dresser & McKee, Inc. (CDM) will develop master billing data file that contains the
customer information for the stormwater user fee billing system. The data will be
developed from three sources of information previously described in Phase h
1. Oade County Appraiser's information;
Water and sewer billing information available from Metro Dade Water and
Sewer Department (WASD); and
3. Parcel and matching information developed by CDM.
Recommended procedures will include access to parcel data from the following sources
provided by the City: appraiser information, water and sewer utility information, aerial
photographs, parcel boundary maps, site visits, end other information which may be
available to the City. The City will provide these items and other documents as necessary
and will make information available from appropriate files that will be of assistance in the
data development process.
TASK 2 - PARCEL DATA DEVELOPMENT
CDM will determine the impervious area, dwelling units and possibly other parcel
information for developed on-residential and non-single family residential parcels within the
City. These procedures will be dependent upon the sources of information gathered in
Task 1.
30577i7690 KE]TN & $CHN~RS P.~. F-?I~ T-595 P-005/018 ~UB 81 ~97 09~10
Preliminary Appraiser data indicates that there are approximately 648 non-residential
accounts within the City. The impervious area values developed from this process will be
used to expand the equivalent residential units (ERUs) estimated in Phase I.
CDM will provide the necessary staff, facilities, equipment, and supervision for this task.
CDM will meet with the City's staff as needed, approximately once per month.
TASK 3 - MATCH PARCEL DATA TO UTIUTY ACCOUNTS
CDM will perform a computer cross-reference between the parcel address in the appraiser
information and the service address in the utility information. Non-residential and non-
single family residential pamels that cannot be mulched to a utility account by computer
will be matched manually by CDM.
CDM will implement quality control procedures to check the accuracy of the matched
parcel/utility information and will correct observed data deficiencies. CDM will provide the
necessary staff, facilities, equipment, and supervision to conduct the matching process.
TASK 4 - MASTER BILLING DATA FILE DEVELOPMENT
Upon completion of Task 3, CDM will develop master billing data file which contains the
customer information necessary for stormwater user fee billing. The data will be
developed from the sources of information described in this scope:
1. Appraiser information acquired in Task 1;
Water and sewer utility information provided by WASD during Phase I;
The parcel data and matching information developed by CDM in Task 2 and
3;
Upon completion of these tasks, CDM will provide file(s) containing the data
to the City in a format compatible with the City's data management system.
As is customary in projects of this type, the City will be responsible for
making appropriate alterations to the City's hardware and software systems
to merge the new stormwater management user fee billing with existing data.
After this is accomplished, the City will have the necessary facilities to
perform periodic updates (e.g., new accounts, etc.) as discussed in Task 7.
TA~K 5 - CALCULATION OF USER FEE CHARGE
CDM will calculate the number of units (ERUs) and the corresponding stormwater user fee
charge for accounts in the master customer data file. Algorithms to calculate user fee
charges will be provided so that the City can understand the procedure.
~057717690 KEITH ~ SCHNARS P.A. F-716 T-Sg5 P-OOG?018 AUG 81 '97 09:10
Updates and corrections to the customer data will be performed on CDM's data
management system until the data are turned over to the City.
TASK 6 - DATASASE MANAGEMENT SYSTEM
CDM will provide guideline recommendations in a letter report format to the City staff for
the following items:
Howto update and append the City's database with the new stormwater user
fee information.
How to establish file and information maintenance procedures for the
stormwater user fee information in the City's computer system.
How to establish data Iransfer procedures for billing the stormwater user fees
through WASD.
How to establish procedures for updating the City's database with new
information from the Appraiser's Office and code enforcement.
TASK 7 - FILE MAINTENANCE OF STORMWATER USER FEE DATABA$1=
CDM will provide an outline recommending procedures for updating the stormwater user
fee data with information from building permits, code enforcement, water and sewer billing
system, or other data soumes. Procedures developed will be incorporated by the City into
the routine file maintenance procedures, Staffing levels and equipment required to answer
customer complaints and maintain the stormwater utility data management system will be
recommended by CDM,
TASK 8 - ADMINISTRATIVE POLICIES AND PROCEDURES
CDM will develop a Policies and Procedures letter report addressing computation of fees
and billing. '[his will include guidance for developing policies and procedures for handling
pamels that currently are not receiving a utility bill, multiple meters on a single parcel, and
a single user fee account sewing more than one parcel, CDM will provide guideline
recommendations in the letter report for developing policies and procedures for other
special cases.
TASK 9 - INFORMATIONAL MEETINGS
CDM will present the findings of previous tasks at the following two meetings:
Upon completion of developing the billing units, a presentation regarding the
base unit charge will be made to the staff,
2, Presentation of the study results of the City Council.
5057717690 KEITH ~, SCHNARS P.A. F-716 T-595 P-007/018 AUG 01 'M'/ ~:11
CDM will make its best efforts to complete our work such that billing can begin to all
customers beginning October 1, 1997. Those parcels which entail difficult allocations may
be delayed for initial billing beginning November 1, 1997, with retroactive charges for the
month of October. The City will be made aware of the number of these accounts by
Monday, August 25, 1997.
4:DM
CiTY OF AVENTURA
STORI~NATER MANAGEMENT USER FEE PROGRAM IMPLEMENTATION
TOTAl. ESTIMATED PROJECT COST
July 30, 1997
Basic Camp Dresser & M~Kae, Inc. $51,620 $12,090 $63,710
Services
(Tasks 1-9) Sub~orttmcted Labor for Parcel Data Developn~ent ~,040 $0 $9,040
452 hour~ ~ $20.00,'~our)
TOTAL $72,750
Optional ~.amp Dre~er & McKee, Inc. $7.200 $800 S8,000
Services Public AwareneS~ Program
Grand TOTAL S80,750
(Basic plus Optional)
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Eric M. Soroka, City~ar
July 31, 1997 ~
Ordinance Concerning Non-Conformities Created
By Governmental Acquisition of Private Property
or Increased
Ist Reading August 5, 1997 City Council Meeting Agenda Item ,,
2nd Reading September 2, 1997 City Council Meeting Agenda Item
In accordance with the City Council's direction at the Workshop Meeting, attached is
the proposed Ordinance prepared by the City Attorney which establishes a variance
mechanism for the cure of non-conformities which arise from the acquisition of private
property by governmental entities.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0346-97
ORDINANCE NO. 97-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ADOPTING ORDINANCE CONCERNING ZONING;
PROVIDING FOR ADOPTION OF POLICY AND PROCEDURE
CONCERNING NON-CONFORMITIES CREATED BY
GOVERNMENTAL ACQUISITION OF PRIVATE PROPERTY;
PROVIDING FOR DEFINITIONS; PROVIDING VARIANCE
MECHANISM FOR CURE OF NON-CONFORMITIES;
PROVIDING FOR EXPEDITED PRELIMINARY REVIEW;
REPLACING PROVISIONS OF SECTION 33-35(E) OF
METROPOLITAN DADE COUNTY ZONING CODE
CONCERNING THE SANE SUBJECT MATTER; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council desires to adopt a policy to deal
with land use non-conformities (the "Non-Conformities") which are
created by the acquisition of private property for transportation
facilities or other public purposes by governmental entities (the
,'Governmental Acquisitions"), so as to provide a means to cure Non-
Conformities, mitigate the impact of Governmental Acquisitions upon
continued operations of businesses, and reduce the expenditure of
public funds for severance damages and other costs of Governmental
Acquisitions, while preserving traffic and pedestrian safety and
enhancing the aesthetic characteristics of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Intent and Purpose. The purpose of this Ordinance
is to provide a mechanism for the City to grant variances from the
requirements of Chapter 33, "Zoning", of the County Code, as made
applicable to the City pursuant to the provisions of Section 8.03
of the City Charter and ordinance No. 97-15 of the City, in those
situations in which private property has been subjected to the
eminent domain process either through acquisition by formal eminent
domain proceedings or negotiation, as a viable and fair means of
mitigating adverse impact to such property as a result of the
acquisition process, and to allow the continued use of property in
a manner similar to its pre-acquisition condition. By providing a
method for the Acquiring Authority and/or property owner to obtain
a determination of the remaining allowable uses of the property,
the cost of acquisitions of real property needed for public
facility improvements may be reduced.
Section 2. Definitions. The following terms shall have the
meaning indicated herein, when used in this Ordinance.
(a) Acquirinq Authority means the governmental entity
proposing to acquire private property for public
transportation or other public purposes pursuant to
eminent domain proceedings or pursuant to negotiation in
lieu of or under threat of the power of eminent domain.
Acquiring Authorities include, but are not limited to,
the City, the County, the FDOT or successor entity.
(b) City - means the City of Aventura.
(c) County - means Metropolitan Dade County.
(d) Cure means a variance granted pursuant
Ordinance which authorizes the
enjoyment of private property,
subsequent to the creation of a
Acquiring Authority
to this
continued use and
as a lawful use,
Non-Conformity by an
2
(e) FDOT - means the Florida Department of Transportation or
successor entity.
(f) Non-Conformity - means the failure of a lot, parcel,
structure or use to comply with the requirements of the
Zoning Code including, but not limited to, motor vehicle
parking, landscaping, setbacks, lot size or other
criteria, which failure is caused or increased by
acquisition of private property by an Acquiring
Authority.
(g) Zoninq Code - means the City's Zoning Code as provided by
the City Charter Section 8.03 and Ordinance 97-15.
Section 3. Structures, Lot Size and Land Use Made Illeqal as
a Result of Governmental Acquisition. In the event that an
Acquiring Authority acquires private property for a public
transportation facility or other public purpose or facility and the
acquisition results in the increase of or the creation of a Non-
Conformity, such private property shall constitute an illegal non-
conforming use unless a variance is granted in accordance with this
Ordinance.
Section 4.
Authority and/or
Authority to Apply for Variance. The Acquiring
the property owner are each hereby granted the
authority to apply for a variance from the Zoning Code to cure Non-
Conformities, pursuant to this Ordinance. Application may be made
prior to or after the creation of the Non-Conformity.
Section 5. Authority to Grant Variances. The City Council
shall have the authority to grant variances to Cure Non-
Conformities pursuant to this Ordinance.
Section 6. Standard for Grant or Denial of Variance;
Conditions.
(1) Existing lots, parcels, structures or uses which become or
will become Non-Conforming or increase in Non-Conformity as a
result of governmental acquisition by an Acquiring Authority, and
constitute a deviation from the standards of the Zoning Code, may
be granted a variance by the City Council, provided a determination
is made by the City Council, after public hearing, that:
The requested variance will not adversely affect
visual, safety, aesthetic or environmental
characteristics of the community; and
Bo
The requested variance will not adversely affect
the safety of pedestrians or the safe operation of
motor vehicles.
The requested variance will not encourage or
promote the continuation of existing uses of the
property which have been or will be rendered
unfeasible or impractical due to the impacts of the
acquisition and/or construction of the roadway or
other public facility including, but not limited
to, aesthetic, visual, noise, dust, vibration,
safety, land use compatibility and environmental
impacts.
(2) The Council may impose conditions upon any variance
granted so as to assure compliance with the above listed criteria.
(3) The Council shall require conformance to the specific plan
approved. However, alternative Cures may be approved, with
appropriate conditions.
Section 7. Status of Lots, Parcels, Structures or Uses After
Grantinq of a Variance. The granting of a variance pursuant to
Section 6 of this Ordinance shall serve to Cure the Non-Conformity,
subject to implementation of the variance in accordance with the
specific approval granted and in accordance with any conditions
imposed upon the grant of such variance.
Section 8. Procedure for Application for Variance.
(1) The Acquiring Authority and/or property owner may apply in
writing to the City Manager or his designee for a variance pursuant
to Section 4 of this Ordinance. The application may request
alternative Cures. The applicable fee established for review and
processing of the application shall be submitted with the
application.
(2) If an application for a variance is submitted by the
Acquiring Authority, the property owner shall be notified via
certified mail, return receipt requested, of the application by the
City Manager or his designee.
(3) Hearings before the
accordance with Ordinance No.
for quasi judicial hearings.
accordance with Ordinance No.
(4) within fourteen (14)
City Council shall be conducted in
96-09, which provides the procedure
Public notice shall be provided in
97-15.
days of the determination of the
variance application by the City Council, the City Manager or his
designee will notify the Acquiring Authority and the property owner
via certified mail, return receipt requested, of the final
determination.
Section 9. Expedited Review; Preliminary Decision.
(1) The Acquiring Authority or property owner may request,
and the City Council may grant an expedited review of an
application in those situations in which an actual continued use of
a portion of the property after creation of a Non-Conformity is not
anticipated and the primary purpose of the application is to
facilitate the property acquisition or to mitigate severance
damages.
(2) Under an expedited review, the application may be
advanced for placement on a Council agenda and any determination
made by the Council shall be preliminary and non-binding.
(3) The application fee for an expedited review shall be the
same as the fee for a regular variance application under this
Ordinance.
Section 10.
Code Violations.
(1) The provisions of this Ordinance shall not be interpreted
to allow for the continued existence of building or safety code
violations that are determined to be an immediate threat to the
public health, safety or welfare.
(2) The appropriate building officials and inspectors of the
City are hereby authorized to take any all necessary steps to
enforce all applicable building and safety codes even though the
subject property is part of a pending governmental acquisition.
~ection 11. Judicial Review. Decisions of the City Council
under this Ordinance shall be subject to judicial review pursuant
to Petition for Writ of Certiorari in accordance with the Florida
Rules of Appellate Procedure, as provided by law.
Section 12. Severability. The provisions of this Ordinance
are declared to be severable
or phrase of this Ordinance
invalid or unconstitutional,
and if any section, sentence, clause
shall for any reason be held to be
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 13. Inclusion in the Code. It is the intention of
the City Council, and it is hereby ordained that the provisions of
this Ordinance shall become and made a part of the Code of
Aventura, Florida; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that
the word "Ordinance" shall be changed to "Section" or other
appropriate word.
Section 14. Effective Date. This Ordinance shall be
effective upon adoption on second reading.
Section 15. Replacement of Conflictinq Provisions. Pursuant
to City Charter Section 8.03, to the fullest extent authorized by
law, this Ordinance shall replace the provisions of Section 33-
35(e) of the County Code concerning non-conforming uses, solely as
pertaining to the subject matter of this Ordinance.
The foregoing Ordinance was offered by Councilmember
who moved its adoption on first reading. The motion was seconded
by Councilmember and upon being put to a vote, the vote
was as follows:
Councilmember Jay R. Beskin
Councilmember Arthur Berger
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Patricia Rogers-Libert
Vice-Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Councilmember
, who moved its adoption on second reading. The motion was
seconded by Councilmember
, and upon being put to a
vote, the vote was as follows:
Councilmember Jay R. Beskin
Councilmember Arthur Berger
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Patricia Rogers-Libert
Vice-Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this
August, 1997.
PASSED AND ADOPTED on second reading this __
, 1997.
__ day of
day of
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY: /5
CITY ATTORNEY
8
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Council ~ ~~M(~er
Eric M. Soroka,
August 1, 19cj7
Work Authorization for Preparation of Founders Park Construction
Plans and Documents
August 5, 1997 City Council Meeting Agenda Item
RECOMMENDATION
In accordance with the attached staff report, it is recommended that the City Council
authorize the execution of the attached work authorization for the preparation of
Founders Park construction plans and documents.
BACKGROUND
On June 25, the City Council adopted Resolution 97-40 accepting and adopting, in
principle, the Aventura Capital Improvement Program document for 1997/98 to
2001/02. The conceptual plan for the development of Aventura Founders Park was
contained in the document and identified to be developed in 1997/98.
The plans are being prepared as a joint effort between the City's Engineers, Keith and
Schnars, P.A., and the City's landscape architect, O'Leary Design Associates. The final
design will be reviewed with the City Council prior to bid.
The project schedule is anticipated to be as follows:
Execution of Work Authorization for Design - August 1997
Award Bid for Project - February 1998
Park Opening - October 1998
The above schedule is an ambitious one that could be subject to weather conditions or
other unforeseen issues.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0348-97
CITY OF AVENTURA
TO:
FROM:
DATE:
SUBJECT:
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
Eric M.
Robert
Soroka, Ci r
M. Shermah'~, Diter, to~ of Community Services
July 30, 1997
Work Authorization No. 151414.31 for Park Design
The development of Aventura Founders Park has been identified as a priority by the
City Council for FY 1997-98. The Work Authorization permits Keith and Schnars, P.A.
in conjunction with O'Leary Design Associates to prepare construction plans and
documents to develop Aventura Founders Park.
Recommendation
The fee for this work authorization is $140,000, which equals 8% of the construction
budget of $1,755,000.00. I recommend the City Council approve the attached work
authorization.
BackRround
Attached hereto is the work authorization for Keith and Schnars, P.A to provide the
following scope of services relative to the construction and development of Aventura
Founders Park.
Keith and Schnars, P.A will prepare detailed construction plans and bid documents
based on the conceptual plan to include underground utilities; two asphalt parking
areas; concrete sidewalks; decorative paver promenade, plazas, a baywalk; two clay
tennis courts; one storage restroom building; one restroom building; four sun shelters;
three guard houses; site electrical; benches and trash receptacles; sodding and
berming; one entrance feature and signage; perimeter fencing and gates vita course
equipment; and landscaping.
Keith and Schnars, P.A will assist the City in the bidding process and in securing
competitive bids for this project.
The playground area will be designed and constructed utilizing State Contract vendors
to obtain the best pricing. I recommend we move expeditiously in this matter so we can
anticipate an October 1998 park opening. As always, your comments and suggestions
are always welcome.
RMS/gf
Attachments
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION NO. 15414.31 ENTITLED "AVENTURA
FOUNDERS PARK PREPARATION OF FINAL
CONSTRUCTION PLANS AND BID DOCUMENTS" BY
AND BETWEEN THE CITY OF AVENTURA AND KEITH
AND SCHNARS, P.A.; AND PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Work Authorization No. 15414.31 in the amount of $140,000 entitled "Aventura
Founders Park Preparation of Final Construction Plans and Bid Documents" by and
between the City and Keith and Schnars, P.A.
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section 3. This Resolution shall become effective
adoption.
The foregoing Resolution was offered by Councilmember
who moved its adoption. The motion was seconded
, and upon being put to a vote,
immediately upon its
by Councilmember
the vote was as follows:
Resolution No.
Page 2
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 5th day of August, 1997.
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
KEITW ~ SCHNARS
WORK AUTHORIZATION NO. 15414.31
F-726 T-5~ P-010/018 AUG 01 '97 0~:46
The City of Aventura has requested Work Authorization No. 15414.31, as provided for in
the agreement between the City of Aventura and Keith and Schnars, P.A. and approved
by the City Commission on August 20, 1996.
This Work Authorization No. 15414,31 provides for technical services in accordance with
Articles 3 and 4 of the agreement as further detailed in the scope of services in Exhibit A.
Payment for such services shall be in accordance with Article 5 of the agreement.
Total estimated labor expenses are $140,000
Total estimated reimbursables are $5,000
The time pedod for this work authorization will be 150 days.
ATTEST
BY
City Clerk
Teresa M. Smith
APPROVED AS TO FORM
BY
City Attorney
Weiss Serota& Helfman. P.A.
CITY:
CITY OF AVENTURA, FLORIDA
through its City Manager
BY
City Manager
Eric M Soroka
day of
,19_
Notice to Proceed Yes __ No
Project Initiation Date
RECOMMENDED through its
Director of Community Service
BY
Director of Community Service
Robert M. Sherman
day of ~, 19
~057717~90 KEITW & SCHNARS P.A. ~-72~ T-5~9 P-011/018 AUG 01 '97 0~:~6
Exhibit A
Work Authorization No. 15414.31
Founders Park
Preparation of Final Construction Plans
and Bid Documents
Scope of Consulting Services
between
The City of Aventura, Florida
and
Keith and Schnars, P.A.
July 30, 1997
3057717~90 KEITH ~ SCHNARS P.A, F-726 T-599 P-0127018 AUG 81 ~97 09:~6
Exhibit A
WORK AUTHORIZATION NO. 15414.31
Founders Park
Preparation of Final Construction Plane
and Bid Documents
SCOPE OF CONSULTING SERVICES
The CONSULTANT proposes to provide professional services associated with the
preparation of final construction plans and bid documents:
1.0 Preparation of Construction Plans and Bid Documents
The CONSULTANT will coordinate the preparation of detailed final
construction plans and bid documents based on the previously approved
Conceptual Master Plan, last revised March 6, 1997. The plans and bid
documents will include underground utilities; (2) asphalt parking areas;
concrete sidewalks and curbing; asphalt paths; decorative paver promenade,
plazas, and a baywalk; one baseball field with backstop, fencing, netting,
dugouts, and portable bleachers; (1) double tennis court; (1) con-
cession/storage/restroom building; (1) restroom building; (4) sun shelters; (3)
guard houses; site electrical; benches and trash receptacles; sodding and
berming; (1) entrance features and signage; perimeter fencing and gates;
vita course equipment; irrigation; and landscaping; (installation of children's
playground by others).
2.0
Bidding Phase
The CONSULTANT shall assist the City of Aventura in securing competitive
bids for this project.
These services will include attendance at a pre-bid conference, answering
of bidders questions during bidding phase, issue addenda, evaluation of
competitive bids, and written recommendation of successful bidder.
3.0 Scope of Work
The scope of work and fee schedule is based on the approved Conceptual
Master Plan and preliminary budget ("Exhibit B"). If the scope of work or
preliminary budget is increased, a supplemental agreement will be forwarded
to the City of Aventura for the increase of services.
~0S?717690 KEITH & SCHNARS P.A. F-726 T-SBg P-013/018 AUG 01
4,0
Exclusions
The following is a list of additional services which may be required but are
not part of this work authorization:
Survey Services
Geotachnical Services
Construction Administration
5.0 Basic Services
The CONSULTANT's basic services shall consist of the phases described
below and shall include normal architectural, landscape architectural, civil,
mechanical and electrical engineering services for the design and en-
gineering services for the program of proposed improvements as indicated
below including the scope of consulting services.
5.1 General Design Services
After written authorization from the City to proceed, the CON-
SULTANT shall review all matedal and documents previously
assembled or prepared by the City, or others retained by the City for
the project with the purpose of becoming familiar with the objectives
and intent of the City and the scope of the project. The CON-
SULTANT shall meet with the City to review revisions to the program
of proposed improvements, site plans and construction budget.
CONSULTANT shall work with the City to develop the design
elements of the project based upon input provided by the City at
meetings with the City staff and the City Commission.
5.2 Schematic Design Phase
Based on a mutually agreed upon program, the CONSULTANT shall
prepare Schematic design Studies consisting of drawings and other
documents illustrating the scale and relationship of project com-
ponents for approval by the City. The City may request changes to
the plan which CONSULTANT shall cause to be incorporated into the
design and specifications.
The CONSULTANT shall submit to the City a wdtten Statement of
Probable Construction Cost.
5.3 Design Development Phase
The CONSULTANT shall prepare from the approved Schematic
Design Phase, for approval by the City, the Design Development
~057717690 KEITH ~ SCWNARS P.R. F-726 T-~gg P-01~×018 P~]G 01 'g? Og:~?
Document consisting of drawings and other documents to fix and
describe the character of the entire project as it relates to the
architectural, civil, structural, mechanical and electrical disciplines,
materials and such other essentials as may be appropriate.
The CONSULTANT shall submit to the City a further written State-
ment of Probable Construction Cost.
The CONSULTANT shall work with the City to develop the design
elements of the project based upon input provided by the City at
meetings with City staff and the City Commission. If any changes are
required, they shall be incorporated by CONSULTANT in the
specifications, drawings, and other necessary documents. Requests
for matedal changes to the design shall be subject to additional
services,
5,4 Construction Document Phase
The CONSULTANT shall prepare from the approved Design Develop-
ment Phase Documents, and any further adjustments in the scope,
quality, or budget for the project for approval by the City, drawings
and specifications setting forth in detail the requirements for the
construction of the project including the necessary bidding information
and assistance to the City in its completion of the bidding forms to be
provided by the City, which includes such items as the conditions of
the contract, and the form of agreement between the City and the
contractor, to satisfy the requirements of the City's Manager and City
Attorney. The CONSULTANT shall provide to the City one repro-
ducible copy plus two black and white copies of the construction
drawings and specifications after they are approved by the City and
ready for bidding.
The CONSULTANT shall advise the City in writing of any adjustments
to previous Statements of Probable Construction Cost or construction
schedule indicated by changes in requirements or general market
conditions.
The CONSULTANT shall arrange for and attend all necessary
meetings, provide permittable construction documents, and ag-
gressively stdve to resolve all problems inherent to review and filing
of the required documents for the approval of governmental auth-
orities having jurisdiction over the project in order to comply with the
regulations in effect at the start of this phase of the work. if any
material changes in the program of proposed improvements required
that material variations from regulations be sought then this work shall
be an additional service. CONSULTANT shall provide advise to the
3857717690 KEITW ~ SCHNARS P.A. F-7~ T-599 P-015/018 AU~ 01 ~? 09~8
be an additional service. CONSULTANT shall provide advise to the
City with regard to obtaining said permits and approvals (other than
building permits).
The CONSULTANT will structure the bid documents Jn a manner to
include sufficient alternates for construction so as to strive to ensure
that the bids received will not exceed the funds available for the
project:
4.5 I~idding or Negotiation Phase (Not included - to be performed by City)
The CONSULTANT, following the City's approval of the Construction
Documents ("Construction documents" shall mean the entire contract
for construction, including all addendums or alterations thereto,
drawings and technical specifications) and of the latest Statement of
Probable Construction Cost, shall assist the City in obtaining,
evaluating, awarding and preparing construction contracts.
The CONSULTANT will prepare bid packages and release them to
contractors and assist in the selection of a contractor. Services
include but are not limited to, a review of contract proposals, review
of contractor's submitted credentials, subcontractor's submitted
credentials, to assist the City in their selection of a contractor.
4.6 Construction Phase ( To be negotiated at a later date)
50577176~0 KEITH & SCHNARS P.A. F-726 T-5~ P-016/018 AUG 01 ~D? 09~8
Exhibit B
Work Authorization No. 15414.31
Founders Park
Preparation of Final Construction Plans
and Bid Documents
Scope of Consulting Services
between
The City of Aventura, Florida
and
Keith and Schnars, P.A.
July 30, 1997
rllllllll
CONCEPTUAL MASTER PLAN
AVENTURA PARK
3057717690 KEITH 8~ SCHNARS P,A, F-726 T-599 P-018/018 AUG 01 '9? 09:49
Aventura Foundem Park
Coet E~tlmate
~biliz~lon~nd~Pe~i~ 1 LS $~,000.~ $30,~0,00
Cl~d~ & Grabbing 10 AC $5,~.~ ~0,0~.00
G~in~ 1 LS $15,~0.~ $15,000.00
Entr~ Feature I , ~ ~,~-~ ~,~.00
~h~t Parkin~ 3~2001 SY $12.00 $~,400.00
~ncrete Sid~lk ~ SY $25.~ $11 ,~0.00
C~c~e Cu~n9 ~.20C LF ~.00 ' ~17,600.00
8' ~de ~halt Path ~th 4" r~ ~ 2,85~ SY S12.~ S~.2~.~
~ve P~er Pro~a~e 11,0~ SF $5.~ ~,000:~
Ba~lk, 10' ~d~ 2,,800 SF ~.~ $14,~0.00
C~y I~s 8,~ SF $1.55 $12,400,00
Site EJ~I/Spo~ Lighting LS $150,000.00 ~ $150,0~.~
S~e~ Fen~n~ for Outfields 30 EA $140.00 ~,200.00
D~omfive PiPet Pedm~er F~i~ 3,700 LF ~-~ $111,0~.~
Dugo~s 2 ~ $12,000.00 ~4,~0.00
Podable Bights 4 EA ~,~0.~ ~,~0.00
r~ Tennis CouPs (hat-tm) 1 LS ~,~0.~ ~5,~.~
=l~gmHnQ 1 LS ~5,000.~ $~,000.~
.Guard Hou~ (60 sf ~ch) 31 ~ $5,~0.00 $16,8~.00
Sun Shelt~ 41 EA $12,0~.00 ~8,000.00
Maintenanc~m BId~. 9~ $F $105.00, $~,~0.00
R~t~m Buildln~ 70C SF $~.00 ~,~0.~
Im~flon ~0,00~ SF ~.35 $1~,0~.00
Signage 1 LS S12,0~.00 $12,0~.~
Land~pe Material I LS $250,0~,00 ~,0~.00
Subtotal $1,750,850.00
TOTAL $1,7~,850.~
7/30/97
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council ~
Eric M. Soroka, City
August 1, 1997
NE 213th Street & North Drainage Collector Project
Recommendation
It is recommended that the City Council approve in concept a Development Agreement
between Aventura Commons, Trafalgar Associates and the City of Aventura to address
the accommodation of City's stormwater drainage needs and address the construction
of NE 213th Street and NE 34th Avenue. Due to last minute revisions, the actual
agreement will not be available until August 4, 1997.
Background
In accordance with prior development approvals, the developer of Aventura Commons
and Aventura Lakes was responsible for constructing drainage improvements for their
projects and 3 lanes of NE 213th Street. The construction of NE 213th Street would link
Biscayne Boulevard with NE 30th Avenue. If the right-of-way could be acquired from
Gulfstream Park Racetrack, the roadway would be built for four lanes with a divided
median. Aventura Commons is responsible for completing its portion of the roadway
prior to the opening of the center. Aventura Lakes was required to complete its portion
prior to the issuance of building permits for the final phase of its development.
A dispute developed between Gulfstream Park Racetrack and Aventura Commons and
Aventura Lakes relating to drainage. The development approvals with Dade County
relating to NE 213th Street allowed construction of a four lane divided roadway if
Gulfstream Park Racetrack would provide the additional right-of-way, The dispute was
settled when the drainage concerns of Gulfstream Park Racetrack were resolved by
accommodating their drainage with the proposed new system along NE 213th Street.
During the discussions with both parties to resolve this issue, it was suggested by our
City Engineer that the City investigate the possibility of combining our drainage
requirements with the three property owners in order to reduce costs of constructing the
North Drainage Collector Project.
The North Drainage Collector Project is included in the CIP for fiscal year 1999/00 and
included installing pipes along NE 207th Street. This project was anticipated to cost
$2,000,000. Based on the proposed agreement, the pipes would be installed along NE
30th Avenue and NE 213th Street.
By including the City's drainage with the other property owners and increasing the size
of the pipes the following benefits would be realized:
· A cost savings of approximately $950,000. The cost to the City would be about
$1,050,000 to combine our drainage with the other property owners.
· NE 207th Street will no longer be required to be reconstructed for the installation
of piping.
During our meetings, we also the discussed the possibility of expediting the
construction of NE 213 Street and NE 30th Avenue to relieve traffic on Biscayne
Boulevard.
As a result of the numerous meetings and discussions, a Developer Agreement was
prepared to address the various issues. The major points of the Agreement are as
follows:
1. NE 213th Street will be constructed as a four lane divided roadway with a median
from Biscayne Boulevard to 34th Avenue. The project would be completed prior to
January 15, 1999, subject to various engineering and wetland permitting
requirements. A traffic light at Biscayne Boulevard and all necessary turning lanes
are included as part of the project.
2. NE 30th Avenue will be constructed from NE 207th Street to NE 213th Street prior to
December 31, 1997.
3. The various roadways and rights-of-way, when completed, will be dedicated to the
City as public roads.
4. All parties will utilize the stormwater drainage transmission system along NE 213th
Street.
5. The City will pay to the developers $975,000, plus a construction management fee
and engineer costs representing its share of the cost of the drainage system. The
drainage work is anticipated to be completed by June30, 1998.
6. The drainage system, when completed, will be dedicated to the City.
In order to expedite this project, It wilt be necessary for the General Fund to loan the
Stormwater Utility Fund the amount of the drainage improvements contained in the
agreement.
Although the agreement is a complicated one, it is very significant in terms of
expediting needed drainage and roadway improvements. If you have any questions,
please feel free to contact me.
EMS/tins
cc0349-97
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA APPROVING AND AUTHORIZING
THE CiTY MANAGER TO EXECUTE THE ATTACHED
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
AVENTURA AND AVENTURA COMMONS ASSOCIATES,
LTD. AND TRAFALGAR ASSOCIATES OF AVENTURA,
LTD., CONCERNING ROAD AND DRAINAGE RIGHT-OF-
WAY AND IMPROVEMENTS.
WHEREAS, the attached Development Agreement provides for the dedication and
improvement of public right-of-way and the construction of drainage improvements which
are beneficial to the City of Aventura; and
WHEREAS, approval of the Development Agreement is in the best interest of the
City of Aventura.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF AVENTURA, FLORIDA AS FOLLOWS:
Section 1. That the Development Agreement, in substantially the form attached
hereto, is hereby approved and the City Manager is hereby authorized to execute such
Development Agreement on behalf of the City of Aventura.
Section 2. That this Resolution shall be effective immediately upon adoption hereof.
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:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Resolution No. 97-
Page 2
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 5TM day of August, 1997.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY
CITY A'I-FORNEY
- 2
CITY OFAVENTURA
OFFICE OFTHECITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council ~
Eric M. Soroka, Ci
July 29, 1997
Government Center Facilities Need Assessment
August 5, 1997 City Council Meeting Agenda Item '/H
RECOMMENDATION
It is recommended that the City Council authorize the City Manager to implement the
next phase in the design of the Government Center and obtain the services of a
professional architect by utilizing the Request for Qualifications process in accordance
with State statutes.
BACKGROUND
In April of this year, the City entered into an agreement with Arquitectonica to perform
architectural services for the Government Center and Police Facility Needs Assessment
Study.
The purpose of the study was to determine the space needs for both current and long
term projected governmental and police operations. In addition, concept designs were
to be formulated to determine if the proposed facility is conducive to the proposed site.
The report is complete. A copy of the Executive Summary is available for your review.
The report makes the following conclusions:
· A total of 54,792 to 57,285 gross square feet of space will be necessary to
accommodate the ultimate needs of the City operations.
· It is projected that a total staff of 165 employees will eventually be housed at
the Government Center and build out.
Memo to City Council
Page 2
Build out of the City is projected to be 30,000.
· Police operations will require 23,707 gross square feet.
· Government Center operations will require 15,572 gross square feet.
· Council chambers, cultural facilities and public lobby will require 12,737 gross
square feet.
· Support operations will require 2,775 gross square feet.
· A total of 226 parking spaces are required on site.
A building complex totaling 57,285 gross square feet (GSF) of space, enveloping
46,480 net useable square feet (NUSF) of space will be required to meet the long term
requirements of the City government functions that will be housed at the Government
Center.
The following matrix itemizes staff, NUSF and GSF in five-year planning increments by
building:
Staff: 1997 2002 2012 2022
Public Safety Building
TOTAL
43
54
53
101
55
108
55
110
97 154 163 165
Net Useable Square Feet: 1997 2002 2012 2022
City Hall 20,607 22,164 22,571 22,648
Public Safety Building 15,038 17,922 18,816 18,966
Gov. Center Support Bldg. 2,497 2,497 2,497 2,497
Public Safety Ancillary Facilities 2,369 2,369 2,369 2,369
TOTAL 40,511 44,952 46,253 46,480
Memo to City Council
Page 3
Gross Square Feet: 1997 2002 2012 2022
City Hall 25,759 27,704 28,213 28,310
Public Safety Building 18,797 22,403 23,520 23,707
Gov. Center Support Bldg. 2,775 2,775 2,775 2,775
Public Safety Ancillary Facilities 2,493 2,493 2,493 2,493
TOTAL 48,825 55,376 57,002 57,285
The amhitect has developed five different alternative site plans that could be utilized on
the property located at the southwest corner of Lehman Causeway. The alternatives
range from three separate buildings to two buildings combining all facilities on one site.
The alternatives are outlined in the Executive Summary.
In summary, the Facilities Needs Assessment Study establishes space needs guideline
to utilize in the formation of the final design and indicates that all the facilities can fit on
one site. In addition, it shows that various alternative site plans can be utilized on the
property the City is in the process of acquiring.
Now that this phase is complete, it is time to move forward and select a professional
architect to prepare the final design for construction.
We will be utilizing the Request for Qualifications process and requesting responses
from firms nationwide. In addition, as part of the review process, a conceptual plan will
be required.
This matter has been placed on the Agenda to obtain Council authorization to proceed
with the next step.
If you have any questions, please feel free to contact me.
EMS/aca
CC0344-97
LJ
SCHEME 'A'
AEOI./ITECTOItlICA
AVENTURA CITY HALL
NEEDS ASSESSMENT STUDY
CITY OF AVENTURA
4
3 3
2 2
SCHEME- A
LAYOUT OF OCCUPIED SPACES
MULTI-LEVEL BUILDINGS
COUNCIL/CULTURAL
6,967 NET SF
CITY HALL
18,178 NET SF
POLICE
18~822 NET SF
COUNCIL CIIAMBERS 4,183 S.F.
CULTURAl, CENTER 2,784 S.F.
CITY MANAGER, CITY CLERK,
COMMUNITY SERVICES ,FINANCE
AND RISK MANAGEMENT, INFO
SYSTEMS, COFFEE STATION,
SA[El,LITE REPRODUCTION
5,957 SF
3. COMMUNITY DEVEEOPMENT,
IIUMAN RESOURCES , CONFERENCE
FACILITIES ,COFFEE STATION
BREAK ROOM, SATELLITE
REPRODUCTION
6,501 SF
2
CITY COUNCIL OFFICES, PUBLIC
CONVENIENCE AREA, COFFEE
STATION
1,393 SF
( DOUBLE IlEIGItT LOBBY)
1. PUBLIC LOBBY 1,829 S.F.
CENTRAL SUPPORT
2,498 S F
3. OFFICE OF CttlEF,
COMMUNICATIONS,
PERSONNEL TRAINING,
IN I'ERNAL AFFAIRS,
CRIMINAL INVESTIGATION,
CRIME SCENE I D,VICE,
INTELLIGENCE, NARCOTICS,
BREAK LUNCH ROOM,
PHOTCOPY SA/ELLITE
8,561 SF
RECORDS, PATROL OFFICES,
PATROL SUPPORT, EVIDENCE
ROOM, LOST PROPERTY,
COMMUNITY PATROL, CRIME
PREVENTION, DETENTION
9,412 SF
PUBLIC SAFETY LOBBY
849 SF
PARKING
ARQUITECTONIOA
AVENTURA
CITY HALL& PUBLIC SAFETY BUILDING
NEEDS ASSESSMENT STUDY
JUNE 16,1997 PROJECT #9705
SCHEME-A
· MAXIMUM LONG BUILDING PRESENCE FROM
HIGHWAY
· MULTIPLE FORMS EMPHASIZE FUNCTIONAL
DIVERSITY
· STRONG ENTRY ON AXIS W/FOUNTAIN/CIRCLE
· 240 POSSIBLE PARKING SPACES
· SEPARATE ENTRANCE FOR SERVICE AND
POLICE VEHICLES
· SEPARATE PARKING FOR POLICE AND
CULTURAL BUILDING
· CENTRAL ENTRANCE CREATES CIVIC PRESENCE
· ACCESS THROUGH PARKING LOT ON WEST SIDE
· SECURE PARKING UNDER POLICE BUILDING
· ONE BUILDING FRONT REQUIRED
· MAXIMUM 4 STORY HEIGHT FOR CIVIC PRESENCE
· VIEW FROM WESTBOUND HIGHWAY MINIMIZED DUE
TO LOW BUILDINGS
· 3 STORY POLICE BUILDING ( LEVEL 1 USED FOR
PARKING)
· REQUIRED ONE-WAY IN CURB CUT AT N.E. CORNER
· MULTIPLE FORMS LESS EFFICIENT
· BACK OF BUILDINGS FACE RESIDENTIAL
ARQUITEC TONICA
AVENTURA
CITY HALL&PUBLIC SAFETY BUILDING
NEEDS ASSESSMENT STUDY
JUNE 30,1997 PROJECT #9705
SCHEME 'B'
APPROXIMATELY 180 PARKING SPACES
CULTURAL
& COUNCIL
CIlAMBERS
6,967 SQFT
CITY/ADMIN
5 STORY
26,739 SF
LOADING
& SERVICE
AROUITECTONICA
AVENTURA CITY HALL
NEEDS ASSESSMENT STUDY
CITY OF AVENTURA
5
4
3
2
COUNCIL/CULTURAL
6,967 NET SF
CITY HALL
26,739 NET SF
5
CITY MANAGER, CITY CI.ERK,
COMMUNITY SERVICES, FINANCE
AND RISK MANAGEMENT~ INFO
SYS'I EMS. COEFEE STATION,
SATELLITE REPRODUCFION
5.957 SF
2
4 COMMUNITY DEVELOPMENT,
HUMAN RESOURCES. CONFERENCE
FACILITIES ,COFFEE STATION
BREAK ROOM, SATELLITE
REPRODUCTION
6,501 SF
CITY COUNCIL OFFICES. PUBEIC
CONVENIENCE AREA. OFFICE OF
CIIIEF, CRIMINAL INVESTIGATION.
COFFEE STATION
6,193 SF.
VICE, INTE1.EIGENCE. NARCOTICS,
COMMUNICATIONS, PERSONNEL
TRAINING, INTERNAl. AFFAIRS,
CRIME SCENE I.D, BREAK LUNCH
PHOTCOPY SATELLITE.
ROOM 4.761 S F
I. COUNCIL CHAMBERS 4,183 S.F.
CUI.TURAL CENTER 2,784 S.F.
I PUBLIC LOBBY 1.829 SF.
CENTRAL SUPPORT
2,498 S.F.
POLICE
10,404 NET SF
2 RECORDS, PATROl. OFFICES,
PATROl. SUPPORT, EVIDENCE
ROOM, LOST PROPERTY,
COMMUNITY PATROL, CRIME
PREVENTION, DETENTION
PHOTCOPY SATELLITE.
9,555 SF.
I. PUBLIC SAFETY LOBBY
849 S.F.
PARKING
SCHEME- B
LAYOUT OF OCCUPIED SPACES
MULTI-LEVEL BUILDINGS
ARQUITEC TONICA
AVENTURA
CITY H~LL& PUBLIC SAFETY BUILDING
NEEDS ASSESSMENT STUDY
JUNE 30,1997 PROJECT #9705
ADVANTAGES
SCHEME-B
SEPARATE PARKING FOR POLICE AND CULTURAL
BUll. DINGS
REASONABLE BUILDING PRESENCE FROM
ftlGHWAY
PLAZA AT FRONT OF CULTURAL BUILDING
CREATES SPACE FOR COMMUNITY ACTIVITIES
SERVICE / LOADING ZONE SEPARATED FROM
PUBLIC ZONES
PARKING UNDERNEATH PUBLIC SAFETY
BUILDING
· EFFICIENT MASSING
· INSUFFICIENT PARKING APPROX, 180 SPACES
· 5 STORY CITY HALL LESS EFFICIENT FLOOR PLATES
· COMMON ENTRANCE BETWEEN CITY HALL AND
PUBLIC SAFETY BU1LDING
· BUILDINGS HAVE TWO SIGNIFICANT FACES
· LOADING ON HIGHWAY SIDE REQUIRES
· LEVEL TWO SHARED BY PUBLIC SAFETY & CITY
ARQUITEC TONICA
AVENTURA
CITY HAIL& PUBLIC SAFETY BUILDING
NEEDS ASSESSMENT STUDY
JUNE 30,1997 PROJECT #9705
SCHEME 'C'
SERVICE /
AROI./I~'EC~'O/IIICA
AVENTURA CITY HALL
NEEDS ASSESSMENT STUDY
CITY OF AVENTURA
1
COUNCIL/CULTURAL
6,967 NET SF
CITY HALL
26,739 NET SF
POLICE
10,404 NET SF
SCHEME- C
LAYOUT OF OCCUPIED SPACES
MULTI-LEVEL BUILDINGS
I COUNCIL CHAMBERS4,183 SF.
CULTURAL CENTER 2,784 S.F.
CITY MANAGER , CITY CLERK,
COMMUNI FY SERVICES, FINANCE
AND RISK MANAGEMEN F, INFO
SYSTEMS, COFFEE STATION,
SATEEEITE REPRODUCTION
5,957 SI:
4 COMMUNITY DEVELOPMENT,
HUMAN RESOURCES, CONFERENCE
FACILITIES ,COFFEE STATION
BREAK ROOM, SA I'ELLITE
REPRODUCTION
6,501 SF
CITY COUNCIL OFFICES. PUBIJC
CONVENIENCE AREA, OFFICE OF
CHIEF, CRIMINAl. INVESTIGATION,
COFFEE STATION
6,193 SF
VICE, IN'FELEIGENCE, NARCOTICS,
COMMUNICA [IONS, PERSONNEL
TRAINING, INTERNAL AFFAIRS,
CRIME SCENE I.D. BREAK LUNCH
PHOTCOPY SATELLrFF
ROOM 4.761 SI:.
1. PUBLIC LOBBY 1,829 S.F
CENTRAl, SUPPORT
2,498 S.F
RECORDS, PATROL OFFICES,
PATROL SUPPORT, EVIDENCE
ROOM, LOST PROPERTY,
COMMUNITY PATROL, CRIME
PREVENTION, DETENTION
PHOTCOPY SATELLIIE
9,555 SF
PUBLIC SAFETY EOBBY
849 S.F
PARKING
ARQUITEC TONICA
AVENTURA
CITY HALL& PUBLIC SAFETY BUILDING
NEEDSASSESSMENTSTUDY
JUNE 30,1997 PROJECT #9705
ADVANTAGES
SCHEME- C
ONE SIGNIFICANT BUILDING FACE
SEPARATE PARKING FOR POLICE AND CULTURAL
BUILDINGS
REASONABLE BUILDING PRESENCE FROM
HIGHWAY
PLAZA AT FRONT OF CULTURAL BUILDING
CREATES SPACE FOR COMMUNITY ACTIVITIES
SERVICE / LOADING ZONE SEPARATED FROM
PUBLIC ZONES
PARKING UNDERNEATH PUBLIC SAFETY
BUILDING
EFFICIENT MASSING
· INSUFFICIENT PARKING APPROX, 180 SPACES
· 5 STORY CITY HALL LESS EFFICIENT FLOOR PLATES
· COMMON ENTRANCE BETWEEN CITY HALL AND
PUBLIC SAFETY BUILDING
· LEVEL TWO SHARED BY PUBLIC SAFETY & CITY
ARQUITECTONICA
AVENTURA
CITY HALL& PUBLIC SAFETY BUILDING
NEEDS ASSESSMENT STUDY
JUNE 30,1997 PROJECT #9705
SCHEME 'D'
CULTURAL&
COUNCIL CHAMBERS
6,967 S.F.
I STORY
POLICE
3 STORY
(PARKING
LEVEL 1)
·
AROI, IITECTOtVICA
AVENTURA CITY HALL
NEEDS ASSESSMENT STUDY
CITY OF AVENTURA
4
3
3
2 2
COUNCIL/CULTURAL
6,967 NET SF
CITY HALL POLICE
18,178 NET SF
18,822 NET SF
SCHEME- D
LAYOUT OF OCCUPIED SPACES
MULTI-LEVEL BUILDINGS
I COUNCIL CHAMBERS 4,183 S.F
CULTURAL CENTER 2,784 S.F.
CIl'Y MANAGER, CITY CLERK,
COMMUNITY SERVICES ,FINANCE
AND RISK MANAGEMENT, INFO
SYSTEMS, £OFI:EE STATION,
SATEI LITE REPRODUC DON
5,957 SF
COMMUNITY DEVELOPMENT,
HUMAN RESOURCES , UONFERENCE
FACILFFIES ,COFFEE STATION
BREAK ROOM, SATELLITE
REPRODUCTION
6~501 SF
2. CITY COUNCIL OFFICES, PUBIJU
CONVENIENCE AREA, COFFEE
STATION
1,393 SF
( DOUBLE ItEIGHT LOBBY)
I PUBLIC LOBBY 1,829SF
CENTRAL SUPPORT
2,498 S.F
OFFICE OF CHIEF,
COMMUNICA lIONS,
PERSONNEL TRAINING,
INTERNAE AFFAIRS,
CRIMINAL INVESTIGA DON,
CRIME SCENE I D,VICE,
INTELLIGENCE~ NARCOTICS,
BREAK LUNCH ROOM,
PHOTCOPY SATELLITE.
8,561 SF
RECORDS, PATROL OFFICES,
PATROL SUPPORT, EVIDENCE
ROOM, LOST PROPERTY,
COMM[FNITY PATROL, CRIME
PREVENTION, DETENTION
9,412 SF
PUBLIC SAFETY LOBBY
849 S.F
PARKING
ARQUITECTONICA
AVENTURA
CITY HALL& PUBLIC SAFETY BUILDING
NEEDS ASSESSMENT STUDY
JUNE 16,1997 PROJECT #9705
ADVANTAGES
SCHEME-D
· CONVENIENT ENTRANCE AND PICK-UP/DROP-OFF
AREA
· POWERFUL ENTRY ON AXIS WITH FOUNTAIN/CIRCLE
· MAXIMUM BUILDING PRESENCE FROM HIGHWAY
· VARIETY OF EXTERIOR SPACES FOR INTERACTION
· SPACE AT REAR SIDE OF CULTURAL BUILDING
CREATES A PLAZA
· SEPARATE ENTRANCES FOR SERVICE/POLICE
VEHICLES
· SECURE PARKING UNDER PUBLIC SAFETY BUILDING
· INSUFFICIENT PARKING 110 SPACES
· INEFFICIENCY DUE TO INCREASED SURFACE AREA
· MULTIPLE MECHANICAL SYSTEMS
· MULTIPLE ENTRANCES
ARQUITECTONICA
AVENTURA
CITY HALL& PUBLIC SAFETY BUILDING
NEEDS ASSESSMENT STUDY
JUNE 30,1997 PROJECT #9705
LEVEl.
SCHEME 'E'
A/IOI./II'ECl'OIIIICA
AVENTURA CiTY HALL
NEEDS ASSESSMENT STUDY
CITY OF AVENTURA
SCHEME- E
LAYOUT OF OCCUPIED SPACES
MULTI-LEVEL BUILDINGS
CULTURAL FACILITIES
6,967 SQFT
1. COUNCIL CHAMBERS
CITY HALL & POLICE LEVELS
36,641 NET SQFT
8. OFFICE OF CITY MANAGER, COMMUNITY SERVICES,
FINANCE AND RISK MANAGEMENT, INFORMATION SYSTEM,
COFFEE STATION, SATELLITE REPRODUCTION 4,704 S.F.
7. COMMUNITY DEVELOPMENT, COFFEE STAT1ON, BREAK
LUNCH ROOM, SATELLITE REPRODUCTION 4,672 S.F.
6. CITY COUNCIL, PUBLIC CONVENIENCE, COFFEE STATION,
CONFERENCE ROOMS, CITY CLERK, HUMAN RESOURCES
3,976 S.F.
5. OFFICE OF CHIEF, COMMUNICATIONS, PERS(~NNEL
TRAINING, VICE, COMMUNITY PATROL, PHOTO SATELLITE
5,890 S.F.
4. OFFICES, CRIMINAL INVESTIGATIONS, CRIME SCENE/ID,
LUNCH ROOM, PHOTO SATELLITE 6,435 S.F.
3. RECORDS, SUPPORT, EVIDENCE, LOST PROPERTY,
DETENTION (ALL) 5,791 S.F.
1. MAIN LOBBY, PUBLIC SAFETY LOBBY, CENTRAL
REPRODUCTION, CENTRAL RECEIVE / SUPPLY,
MAINTENANCE SHOP 5,176 S.F.
ARQUITECTONICA
AVENTURA
ClTY HALL& PUBLIC SAFETY BUILDING
NE~OSASSESSMENTSTUDY
JUNE 30, 1997 PROJECT #9705
SCHEME-E
· PARKING FOR 220 POSSIBLE SPACES
· MAXIMUM BUILDING PRESENCE FROM HIGHWAY
· POWERFUL ENTRY ON AXIS W/FOUNTAIN/CIRCLE
· ACCESS TO AND THROUGH PARKING LOT ON
WESTSIDE
· PLAZA ON THE NORTH SIDE CREATES A
COMMUNITY SPACE
· CITY HALL & PUBLIC SAFETY BUILDING ARE
INTEGRATED
· 8- STORY BUILDING WITH INEFFICIENT FLOOR PLATES
· INTEGRATION OF POLICE WITH CIVIC ACTIVITIES
· REQUIRED ONE-WAY CURB CUT AT S.E. CORNER
· EXPOSED SERVICE ZONE
· COMBINED POLICE/PUBLIC VEHICULAR CIRCULATION
· ALL SURFACE PARKING
ARQUITEC TONICA
AVENTURA
CtTY HALL&PUBLIC SAFETY BUILDING
NEEDS ASSESSMENTSTUDY
JUNE 30,1997 PROJECT #9705
CITY OF AVENTURA
OFFICE OFTHEClTYMANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Eric M. Soroka, Cit'
July 17, 1997
Cable Television Ordinance
Ist Reading August 5, 1997 City Council Meeting Agenda Item ~
2nd Reading September 2, 1997 City Council Meeting Agenda Item
Recommendation
It is recommended that the City Council enact the attached Cable Television Ordinance
which replaces the interim Ordinance enacted in September 1996. The Ordinance
establishes procedures for applications for cable television franchises, customer service
requirements and provides the City with certain protection with respect to insurance,
indemnification and bonding.
Backqround
At the recommendation of the City's Cable legal advisor, Leibowitz & Associates, P.A.,
the City Council enacted an interim Cable Television Ordinance. The Ordinance was
expedited to insure the City's rights with regard to cable franchises and fees.
The City is responsible for the management and preservation of the City's rights-of-way.
The primary purpose of the interim Ordinance was to provide a mechanism by which
cable operators could continue to have, on an interim basis, "franchise" type rights of
access to the public rights-of-way to operate cable systems and the City could collect
franchise fees. In addition, the interim Ordinance sets forth applicable procedures and
requirements for cable franchises.
The attached letter dated July 7, 1997 from Ila Feld, of Leibowitz & Associates, P.A.,
outlines the meetings we have had with the 3 cable operators; Gold Coast, TCI and
Comcast. We have attempted to resolve many of the issues that were outstanding.
The next step is to award franchise agreements to the various cable companies. All
operators currently utilizing the City's rights-of-way would be required to complete an
City Council
Page 2
July 17, 1997
application and be granted a franchise by the City. Each operator is also required to
obtain a franchise from Dade County.
We are in the process of reviewing and negotiating the franchise agreement for
Comcast. TCI and Gold Coast will probably file once the final Cable Television
ordinance is enacted.
If you have any questions, please feel free to contact me.
EMS/tms
attachment
cc0336-97
MATTHEW L. LEIBOWITZ
JOSEPH A. EIELISLE
ILA L. FELD
EDWARD S* HAMMERMAN*
LEIBOWITZ ~: -A_SSOCIATES, P._~.
SUITE 1450
SUNTRUST INTERNATIONAL CENTER
ONE SOUTHEAST THIRD AVENUE
SUITE ~00
2000 L. STREET, N.W.
WASHINGTON~ D.C. 20036
July 7, 1997
Via Federal Express
Eric M. Soroka
City Manager
City of Aventura, Florida
Government Center
2999 N.E. 191~t Street, Suite 500
Aventura, FL 33180
Re: Cable Television Ordinance
Dear Eric:
Enclosed please find the revised proposed draft Cable Television Ordinance for the City of
Aventura (one marked and one unmarked copy).
As of this date, we have had a dialogue with three cable operators. Gold Coast, TCI and
Comcast. We have not received any comments from Gold Coast beyond the company's previous
memorandum with respect to its position that it does not require a franchise from the City. TCI
provided comments during our meeting in January, but has not provided any additional written
comments, specifically with respect to the City of Aventura. Comcast has provided input most
recently pursuant to your meeting of June 4a.
Having reviewed the input from the three above-referenced cable operators, the Law Finn has
revised the proposed Ordinance. As indicated below, we have accommodated certain of the
operators' comments; however, in a number of instances including, but not limited to, the definition
of gross revenues, cost recovery and customer service, we are not in agreement with the operators.
Other significant items that will need to be negotiated in a franchise agreement include, but are not
limited to, provision of an I-NET, equipment for the new City Hall and other PEG support.
Section 3. Definitions
B. Access Channel
We have modified certain definitions. However, we have not incorporated the request from
Comcast to mandate that all use of access channels be expressly non-commercial. Federal law clearly
encourages the use of access channels for non-commercial purposes, but it does not expressly prohibit
commercial use. This is a policy matter we need to further discuss. RECEIVED
JUl 0 8 1997
Eric M. Soroka
July 7, 1997
Page 2
O. Falr Mark~ VaLe
We have not reflected Comcast's modification to delete "but with no value allocated to the
franchise itself'. The definition contained in the Ordinance tracks Federal law.
U. Gross Revenues
We have modified the definition of gross revenues to exclude "affiliates, subsidiaries or parent
of the Franchisee" and to limit the sources of revenues to those generated from the operation of the
cable system to provide cable services. This modification is in conformance with Federal law.
However, we have not deleted from the definition of gross revenues certain sources of revenue that
the cable operators, including TCI and Comcast, have objected to including, but not limited to, late
fees, lease of excess capacity and home shopping. In addition, we have modified the language in
connection with the inclusion of franchise fees in the gross revenues definition to provide that at such
time as a court allows the inclusion of fees in the gross revenues definition, the operators will be
obligated to do so retroactive to the date of the Ordinance.
CC. State of the Art
We have modified the definition to limit the standard to technology and services available to
any community in the state of Florida.
FF. Subscriber Base
Both TCI and Comcast have requested that we delete the prohibition against using
equivalency measures for subscriber bases. In light of the high proportion of MDU's within the City,
we have not deleted this provision. However, we have modified the definition to allow use of
equivalency measures where expressly required by applicable law. At this time, we would expect this
issue to arise primarily with respect to rate regulation.
GG. System Malfunction
This had initially been defined as any malfunction that affected 10 or more subscribers. We
have modified this provision to define a malfunction as one that affects 25 or more subscribers or a
multiple dwelling unit consisting of 25 or more units.
Section 5. Grant of Authority; Franchise Required
The Ordinance continues to be limited to cable television and requires a franchisee to submit
an application to the City for the privilege of providing non-cable telecommunications services unless
the City is otherwise prohibited by applicable law. Both operators have requested that the language
be revised to require such applications only where the City is required to impose this application
obligation by applicable law. We would strongly recommend to the City to preserve its rights unless
otherwise prohibited by law. Accordingly, we have not modified this provision.
Eric M. Soroka
July 7, 1997
Page 3
Section 6. Franchise Characteristics
E. Both operators have requested deletion of the requirements that a franchise agreement
incorporate the franchisee's application and that all relevant representations made by the franchisee
in its application or public hearing be deemed material. We would agree to waive incorporation of
the actual application since all relevant terms and conditions can be expressly provided for in the
franchise agreement itself. However, we would recommend maintaining the provision wherein all
representations made before the Council or at public hearings are deemed material.
F. In addition, the operators have requested deletion of the provision requiring that the
franchisee remain subject to all terms and conditions of the cable television franchise in the event the
franchisee offers alternative video programming services. At this time, the FCC's "open video
system" (OVS Order) appears to indicate that the City has this right. Thus, we should maintain the
language as drafted in the Ordinance. However, please be aware that challenges to the FCC's OVS
Order are now pending and a judicial decision may preempt this provision.
Section 9. Applications for Grant, Renewal, Modification or Transfer of Franchise
F.7. Comcast objects to providing information with respect to pending Federal and state litigation.
The request requires only a description of the litigation and only that litigation to which the applicant
is a party. Therefore, we do not believe that this overly burdensome and the obligation should be
maintained.
F. 14. This subsection provides that the operator provide copies offranchisee's contracts with any
and all residential and/or commercial complexes including, but limited to condominiums,
homeowner's associations and apartment buildings. Both TCI and Comcast have objected to this
provision. We have inserted "Upon written request," to allow the issue to be decided on a case by
case basis.
J. Comcast has stated an objection to the non-refundable fees for all requests other than a new
or initial franchise. We have maintained the requirement that applications be accompanied by non-
refundable filing fees.
Section 10. Franchise
F. Both operators object to providing the City with cost recovery with respect to out-of-pocket
costs incurred in considering franchise applications. Comcast has reduced the cap from $75,000 to
$5,000. We have reduced to it $50,000, but need to discuss this matter further with the operators.
Section 13. Construction Bond
Comcast has deleted the entire section. The Ordinance states that a franchise agreement "may
provide" for a construction bond. It is not mandatory; therefore, we would recommend maintaining
this provision in the Ordinance. The need to require a construction bond can then be evaluated by
the City on a case-by-case basis and negotiated in the context of the franchise agreement.
Eric M. Soroka
July 7, 1997
Page 4
Section 14. Minimum Facilities and Services
A. We have modified the state of the art requirement to be limited to the state of Florida.
A. 1. Both Comcast and TCI object to the requirement that cable systems in the City have a
minimum capacity of at least 750 MHZ. This currently represents the industry standard for state of
the art. We would be extremely concerned with respect to any cable system planning to build a
system with a lower capacity. Thus, we have not modified this requirement.
Section 15. Technical Standards
A. This subsection requires that a franchisee make available equipment capable of decoding
closed circuit captioning for the hearing impaired. There seems to be a question as to whether or not
Comcast offers this equipment.
G. Comcast has deleted the requirement that a franchisee agree to comply with the start of the
art definition. We have maintained this obligation. As technology continues to advance at an
increasingly rapid rate, it is critical that the City maintain its authority to require that cable operators
keep pace with the new products and services available to subscribers.
Section 16. Public, Education and Government Support
F. Comcast and TCI object to the requirement that the operators provide the City with an I-Net.
Clearly, the City may need one I-Net, but it will not need an 1-Net from each operator. Thus, we
need to discuss the pro-rata allocation for the cost of an 1-Net to be negotiated in the context of a
franchise agreement. Notwithstanding this, we have maintained the provision that a franchise shall
provide an I-Net to the City at the request of the City. Note the Ordinance also allows for a financial
grant in lieu of certain items including but not limited to an I-NET.
Section 17. Franchise Fee
A. The operators object to the City's fight to increase the franchise fee should applicable law so
allow. The Ordinance provides for notice and a public hearing. Thus, at such time as applicable law
allows an increase in the franchise fee, the operator will have an opportunity to comment on the
impact of the higher fee, at wlfich time the City may choose not to implement the increase. However,
we have modified the provision that required a franchisee to conclude any such agreement with the
City prior to initiating negotiations with Dade County to provide that the franchisee must complete
an agreement with the City no later than such time at which it completes an agreement with Dade
County.
G. Comcast requested that the right to audit be limited to once every two years. We have
inserted "but not more frequently than once per year". In addition, Comcast objects to making
available all books and records in Dade County and for paying costs for the City to perform such
audit outside of Dade County. We have maintained this provision.
Eric M. Soroka
July 7, 1997
Page 5
Section 18. Customer Service Requirements
Comcast states in its comments "We will agree to comply with FCC customer service
standards. To the extent Section 18 is inconsistent, it must be modified." In fact, the FCC standards
represent minimum guidelines and the City has the right to implement more stringent standards, as
well as enfomement mechanisms. It is the City's intent to ensure that subscribers in the City receive
superior customer service. However, it is also the City's intent to work with the cable operators to
recognize their existing business practices and the economic ramifications of implementing certain
standards. Thus, we have made some modifications. However, we would suggest that all applicants
be prepared to advise the City as to reasons why they cannot satisfy certain standards expressly set
forth in the Ordinance.
In addition, Comcast has objected to the consumer protection provision in subsection P. This
would appear to be consistent with FCC Rule 76.981 as cited by Comcast which prohibits negative
option billing. Thus, we have not modified this provision.
If you are in agreement with the revised Ordinance, we would propose that the City move
forward with issuing the document to the operators with notice of the date, time and place of the City
Council meeting at which the Ordinance will be considered for first reading.
Please call me to discuss this matteE?at your earliest convenience.
Si/¢ely, '"t
· IlaL. Feld
ILF/jde
Enclosure
ORDINANCE NO. 97-
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, REPEALING ORDINANCE NO. 96-15;
PROVIDING THE TERMS AND CONDITIONS FOR THE
OPERATION OF CABLE TELEVISION SYSTEMS AND
THE APPLICATION, PROCEDURES AND
REQUIREMENTS RELATING TO THE GRANT OF
FRANCHISES FOR THE CONSTRUCTION,
INSTALLATION, OPERATION AND MAINTENANCE OF
CABLE TELEVISION SYSTEMS, EQUIPMENT AND
FACILITIES IN, ON, ACROSS, ABOVE OR THAT IN ANY
MANNER WHATSOEVER USE THE CITY'S PUBLIC
RIGHTS OF WAYS AND TO ENSURE THAT USE OF THE
CITY'S PUBLIC RIGHTS OF WAYS IS IN THE PUBLIC
INTEREST AND IN CONFORMANCE WITH APPLICABLE
LAW; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING A SAVINGS CLAUSE AND
EFFECTIVE DATE.
WHEREAS, effective with the adoption of the Charter of the City of Aventura (the
"Charter") on November 7, 1995, the City of Aventura, Florida was created as a municipal
corporation pursuant to the Constitution of the State of Florida and the Home Rule Charter of
Metropolitan Dade County; and
WHEREAS, the City Council has determined it is in the public interest of the City of
Aventura (hereinafter referred to as the "City of Aventura" or the "City") to permit the operation
of one or more cable television systems in the City; and
WHEREAS, one or more cable operators are occupying the City's public rights of ways
and operating cable systems pursuant to licenses granted by Metropolitan Dade County; and
Ordinance No. 97-
Page 2
WHEREAS, pursuant to Chapter 8AA-16 of the Code of Metropolitan Dade County,
cable operators operating in unincorporated areas of the County pay to the county a fee of 5% of
the gross revenues and operators in the incorporated areas pay to the County a fee of 3%; and
WItEREAS, under Federal law, the maximum franchise fee that may be imposed on a
cable operator is 5% of the operator's gross revenues; and
WHEREAS, the City of Aventura, as now incorporated, is entitled to collect the
maximum fee permitted by applicable law less only that amount due to Dade County; and
WHEREAS, it is the intent of the City of Aventura to exercise its authority as a local
franchising authority to the fullest extent allowed by law; and
WItEREAS, pursuant to Section 621 of the Communications Act of 1934, as amended,
47 U.S.C. § 541, a cable operator may not provide cable service without obtaining a franchise
from the franchising authority; and
WltEREAS, pursuant to Section 4.03 of the Charter, the City Council shall take action to
grant, renew, or extend a franchise only by Ordinance; and
WltEREAS, the City of Aventura had adopted an Interim Ordinance providing terms and
conditions relating to cable television systems; and
WHEREAS, cable operator(s) have submitted applications for cable television franchises
to the City; and
WItEREAS, the City Council has determined that adoption of a comprehensive
Ordinance is in the interests of the citizens of the City of Aventura.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Ordinance No. 97-__
Page 3
Section 1. Short Title.
This Ordinance shall be known and may be cited as City of Aventura, Florida Cable
Television Ordinance.
Section2. Creation of Ordinance The City of Aventura, Florida, Cable
Television Ordinance is hereby created to read as follows:
Section 3. Definitions.
For the purpose of this Ordinance and any application made pursuant hereto, the following
terms, phrases, words and their derivations shall have the meanings given herein. When not
inconsistent with the context, words used in the present tense include the future, words in the
plural number include the singular number, and words in the singular number include the plural
number. The words "shall" and "will" are mandatory, and "may" is permissive. Words not
otherwise defined herein or in any franchise agreement that might be granted hereunder shall be
given the meaning set forth in the Communications Act of 1934, 47 U.S.C. § 521 et se~q., and the
Telecommunications Act of 1996, and as those Acts have and may hereinafter be amended
(collectively the "Communications Act"), and, if not defined therein, their common and ordinary
meaning.
A. "Activated Channel" means those channels engineered at the headend of a cable
system for the provision of services generally available to residential subscribers of the cable
system, regardless of whether such services actually are provided, including any channel
designated for public, educational, or governmental use. Channels on which signals flow in the
direction from the headend to the subscriber are referred to as "downstream channels". Where
the signal flows to the headend for re-distribution, it shall be referred to as an %pstream channel".
Ordinance No. 97-
Page 4
B. "Access Channel" means any channel on a cable system set aside without charge
by the cable operator for public, educational and/or local governmental use.
C. "Affiliate" means any person who owns or controls, is owned or controlled by, or
is under common ownership or control with a franchisee.
D. "Applicant" means any person submitting an application within the meaning of
this Ordinance.
E. "Application" means any proposal, submission or request to (1) operate a cable
system within the City; (2) construct and install a cable system within the City; (3) transfer a
franchise or control of the franchisee; (4) renew a franchise; (5) modify a franchise; or (6) seek
any other relief from the City pursuant to this Ordinance, a franchise agreement, the
Communications Act, or other applicable law. An application includes an applicant's initial
proposal, submission or request, as well as any and all subsequent amendments or supplements to
the proposal and relevant correspondence.
F. "Basic Cable Service" or Basic Service" means any service tier which includes
the retransmission of local television broadcast signals, and public, educational, or governmental
access channels.
G "Business Day" or "Working Day" shall mean any Monday through Saturday,
52 weeks per year, except that such definition shall not include holidays.
H. "Communications Act" means the Communications Act of 1934, 47 U.S.C. §
151 et seq., as that Act has and may hereinafter be amended.
"Cable Operator" means any person who operates or otherwise controls a cable
system within the City.
Ordinance No. 97-__
Page 5
J. "Cable service" means (i) the one way transmission to subscribers of video or
other programming services; and (ii) subscriber interaction, if any, which is required for the
selection or use of such video programming or other services.
K. "Cable System," "Cable Television System," or "System," means any facility
consisting of a set of closed transmission paths and associated signal generation, reception and
control equipment that is designed to provide cable service which includes video programming
and which is provided to multiple subscribers within the City. Such term does not include (a) a
facility that serves only to retransmit the television signals of one (1) or more television broadcast
stations; (b) a facility that serves subscribers without using any public right of way; (c) a facility of
a common carder that is subject, in whole or in part, to the provisions of Title II of the
Communications Act of 1934, 47 U.S.C. § 201 et seq., except that such facility will be considered
a Cable System to the extent it is used in the transmission of video programming directly to
subscribers, unless the extent of such use is solely to provide interactive on demand services; (d)
an open video system that complies with Section 653 of the Telecommunications Act of 1996; or
(e) any facilities of any electric utility used solely for operating its electric utility systems. Subject
to applicable law, the foregoing definition of "Cable System" shall not be deemed to circumscribe
the valid authority of the City to regulate the activities of any other communications system or
provider of communications services,
systems.
L.
including but not limited to telephony and open video
"City" means the City of Aventura, a municipal corporation of the State of
Florida, in its present incorporated form or in any later reorganized, consolidated, enlarged or
reincorporated form.
Ordinance No. 97-
Page 6
M. "Control of a Franchisee or Applicant" means possession of the ability to
direct or cause the direction of the management or policies of a Franchisee or Applicant, or the
operation of a Franchisee's system, whether through operational control in whatever manner
exercised or ownership of voting securities, by contract or understanding, or in any other manner.
N. "County" means Metropolitan Dade County.
O. "Fair Market Value" means the price that a willing buyer would pay to a willing
seller for a going concern but with no value allocated to the franchise itsel£
P. "FCC" means the Federal Communications Commission, or any successor
governmental entity thereto.
Q "Franchise" means the right granted by the City to a franchisee in a Franchise
agreement to construct, maintain and operate a Cable System under, on, and over Streets, roads
and any other public ways, rights-of-ways, or easements within all or specified areas of the City.
The term does not include any license or permit that may be required by this Ordinance or other
laws, ordinances or regulations of the City for the privilege of transacting and carrying on a
business within the City or for disturbing or carrying out any work on any Street.
R. "Franchise agreement" means a contract entered into in accordance with the
provisions of this Ordinance between the City and a franchisee that sets forth the terms and
conditions under which the Franchise will be exercised.
S. "Franchisee" means any person granted a Franchise pursuant to this Ordinance
who has entered into a Franchise agreement with the City.
T. "Gross Revenues" means all revenues recognized in accordance with Generally
Accepted Accounting Procedures (GAAP) generated directly or indirectly by the Franchisee from
Ordinance No. 97-
Page 7
any source whatsoever arising from, attributable to, or in any way derived from the operation of
the Cable System in the City to provide cable services. Gross revenues includes, but is not limited
to, fees charged subscribers for basic service; fees charged subscribers for any optional, premium,
per-channel or per-program service; fees charged subscribers for any tier of service other than
basic service; installation, disconnection, reconnection and change-in-service fees; late fees; leased
access fees; fees, payments or other consideration from programmers for carriage of programming
on the system (excluding marketing support provided for the launch of new services on the system
to the extent such funds are not considered revenue under GAAP); revenue from converter,
remote, modem or any other equipment rentals or sales; revenues from studio and studio
equipment rental; revenues from leases of cable or fiber optic lines and other transmission devices
and equipment; revenues from transmission of data; revenues from consumer products including
but not limited to cable guides; advertising revenues allocable to the City based on a percentage of
subscriber base in the City divided by the subscriber base of the system. Such percentage will
then be multiplied by the systems' total advertising revenue to determine the allocable gross
revenue stemming from advertising; revenues from home shopping channels or other sources
allocable to the City, provided that where certain home shopping channel or other such revenue is
allocable to more than one franchise area due to common zip codes, the Franchisee will allocate
the percentage of revenue to the City which is equivalent to the percentage of the City's
population divided by the total population for the allocable franchise areas in question; and the
sale, exchange or cablecast by the Franchisee of any programming developed on or for access
channels or institutional users. Gross revenues shall be the basis for computing the franchise fee
imposed pursuant to Section 10 hereo£ Gross revenues shall not include any taxes on services
Ordinance No. 97-
Page 8
furnished by the Franchisee which are imposed upon any subscriber or user by the State, County,
City or other governmental unit and collected by the Franchisee on behalf of said governmental
unit and which the Franchisee passes on in full to the applicable tax authority or authorities.
However, the Franchise fee shall not be included within the definition of gross revenues unless
and until applicable law as determined by a final non-appealable decision by a court of competent
jurisdiction allows the County to so include the Franchise fee in gross revenues. Unless otherwise
expressly prohibited, the fee shall be included retroactively to the effective date hereof.
U. "Institutional Network" means a voice, data and/or video communications
network constructed and/or operated maintained by the Franchisee for the City, the transmissions
on which are generally available only to, and intended to be sent and received by, persons other
than cable subscribers generally.
V. "Interconnection" means the electronic connection of two or more Cable
Systems for the purpose of sharing access channel programming or other services.
W. "Law" means all duly enacted and applicable federal, state, county and City laws,
ordinances, codes, rules, regulations and orders.
X. "Leased Access Channel" means a channel designated in accordance with
Section 612 of the Communications Act, 47 U.S.C. § 532, for commercial use by persons
unaffiliated with the Franchisee.
y. "Overbuild" means a Cable System constructed to serve subscribers in an area of
the City served by an existing Cable System.
Ordinance No. 97-__
Page 9
Z. "Person" means any individual, corporation, partnership, association and any
lawthl trustee, successor, assignee, transferee or personal representative thereof, but shall not
mean the City unless applicable law so requires.
AA. "Service Tier" means a category of cable service provided by a Franchisee and
for which a separate charge is made by the Franchisee.
BB. "State of the Art" means that level of production facilities, technical
performance, capacity, equipment, components and service equal to that which has been
developed and demonstrated to be more modem than generally accepted and used in the cable
industry for comparable areas of equivalent population. The Cable System shall have, at
minimum, the capability of providing the channel capacity, products, services and technology
available from a Cable System to any other community in the state of Florida.
CC. "Street or Streets" means the surface, the air space above the surface and the
area below the surface of any public street, highway, road, boulevard, concourse, driveway,
freeway, thoroughfare, parkway, sidewalk, bridge, tunnel, park, waterway, dock, bulkhead,
wharf, pier, court, lane, path, alley, way, drive, circle, easement, or any other public right-of-way
or public place, including public ntilky easements dedicated for compatible uses, or any other
property in which the City holds any kind of property interest or over which the City exercises any
type of lawful control, and any temporary or permanent fixtures or improvements located thereon,
as may be ordinarily necessary and pertinent to construct and operate a cable system.
DD. "Subscriber" means any person who lawfully receives cable service delivered
over the Cable System with the Franchisee's express permission.
Ordinance No. 97-
Page 10
EE. "Subscriber Base" means the total number of residential and commercial
subscribers within the City. For purposes of calculating subscribers under bulk or multi-user
contracts, the Franchisee shall count each unit included within a contract for service as one
subscriber. Franchisee shall not use any equivalency measures including calculation based on
market rate, except as expressly required by applicable law.
FF. "System malfunction" means any Cable System equipment, facility or signal
failure or malfunction that results in the loss of satisfactory service on one or more channels to
one or more subscribers. A malfunction is major if it affects twenty-five (25) or more subscribers,
or a multiple dwelling unit consisting of more than 25 or more units.
GG. "Transfer of a Franchise" means any transaction in which (1) an ownership or
other interest in a Franchisee or its Cable System is transferred from one person or group of
persons to another person or group of persons so that control of a Franchisee is transferred; or (2)
the rights and/or obligations held by a Franchisee under a Franchise agreement are transferred or
assigned to another person, group of persons or business entity.
HH. "Two-Way Capability" means the incorporation into a Cable System of all
appropriate design and engineering characteristics and features so that two-way interactive
transmission, including but not limited to addressability, over the system can be implemented and
activated.
II.
"Video Channel or Channel" means a portion of the electromagnetic frequency
spectrum which is used in a Cable System and which is capable of delivering a television channel,
including the associated audio signal, as television channel is defined by the FCC by regulation or
otherwise.
Ordinance No. 97-
Page 11
Section 4. Intent and Purposes.
A. It is the intent of the City and the purpose of this Ordinance to promote the public
health, safety, and general welfare by providing an application procedure for the grant of one or
more Franchises for the operation and/or construction of a Cable System within the City; to
provide for the regulation to the extent permitted by applicable law, of each Cable System within
the City in the public interest; to provide for the payment of fees and other valuable consideration
by cable operators to the City for the use of Streets by its Cable System; to promote the
widespread availability of quality cable service to City residents and businesses, the City, and
other public institutions; to encourage the development of cable and other communications
technologies and Cable Systems as a means of communication between and among members of
the public, City businesses, the City, and other public institutions; to promote competitive cable
rates and services; to promote the safe and efficient use of City Streets; to enhance and maximize
the communicative potential of Streets used by Cable Systems; and to encourage the provision of
a diversity of information sources to City residents, businesses, the community, the City, and
other public institutions by cable technology.
B. Recognizing the continuing development of communications technology and uses,
it is the policy of the City to encourage competition, experimentation and innovation in the
development of Cable System uses, services, programming and techniques that will be of general
benefit to the community to the extent consistent with applicable laws.
Section 5. Grant of Authority; Franchise Required.
A. Thc City may grant one or mom Franchises in accordance with this Ordinance.
Ordinance No. 97-
Page 12
B. No person may operate or construct a Cable System or any other communications
transmission facilities over, on, or under public streets in the City without a Franchise granted by
the City unless otherwise expressly authorized by law, and no person may be granted a Franchise
without having entered into a Franchise agreement with the City pursuant to this Ordinance.
C. Unless otherwise authorized by law, any Franchise granted pursuant to this
Ordinance is solely for the provision of Cable Service and shall not be construed to authorize the
provision of telephone, non-cable video or other telecommunications service. However, any
person including but not limited to a Franchisee shall, unless otherwise prohibited by applicable
law, submit an application to the City for the privilege of providing other telecommunications
services including, but not limited to telephone service and/or non-cable video programming
services.
Section 6. Franchise Characteristics.
A. A Franchise authorizes use of City Streets for installing cables, wires, lines, optical
fiber, underground conduit, ducts, conductors, amplifiers, vaults, and other facilities as necessmy
and pertinent to operate a Cable System within a specified area of the City, but does not expressly
or implicitly authorize the Franchisee to provide service to, or install cables, wires, lines,
underground conduit, or any other equipment or facilities upon private property without owner
consent (except for use of compatible easements pursuant to Section 621 of the Communications
Act, 47 U.S.C. § 541(a)(2)), or to use publicly or privately owned conduits without a separate
agreement with the owners.
B. A Franchise is nonexclusive, and will not expressly or implicitly preclude the
issuance of other Franchises to operate Cable Systems within the City, or affect the City's fight to
Ordinance No. 97-
Page 13
authorize use of City Streets to other persons to operate cable systems or for other purposes as it
determines appropriate.
C. The City reserves the fight to reasonably designate where a Franchisee's facilities
are to be placed within the Streets.
D. A Franchise shall be a privilege which is in the public trust. No transfer of a
Franchise shall occur without the prior consent of the City and unless application is made by the
Franchisee and City approval obtained pursuant to this Ordinance and applicable Federal law.
E. A Franchise granted to an applicant pursuant to an application submitted pursuant
this Ordinance to construct, operate and maintain a cable television system within a specified
Franchise territory, shall be deemed to constitute both a right and an obligation on the part of the
Franchisee to provide the services and facilities of a cable television system as required by the
provisions of this Ordinance, of the City of Aventura, and the Franchise. All relevant
representations made by the Franchisee in its application and/or public hearings before the City
Council shall be deemed to be material and made for the purpose of inducing the City to grant the
Franchise in the form accepted.
F. Notwithstanding anything to the contrary, in the event that Franchisee, its parent,
affiliate or subsidiary elects to offer to subscribers video programming services through any means
or method not included within the definition of a Cable System, including but not limited to an
"open video system", Franchisee shall remain subject to all terms and conditions of the cable
television Franchise granted by the City.
Section 7. Subiect to Other Laws~ Police Power.
Ordinance No. 97-
Page 14
A. Any person operating a cable system in the City shall, at all times, be subject to and
shall comply with all applicable Federal, state, county and local laws, rules and regulations, and
shall at all times be subject to all lawful exercise of the police power of the City.
B. Subject to applicable law, except as may be specifically provided in this Ordinance
or under the terms of a Franchise agreement and subject to the Communications Act, the failure
of the City, upon one or more occasions, to exercise a right or to require compliance or
performance under this Ordinance, a Franchise agreement or a license granted by the County shall
not be deemed to constitute a waiver of such right or a waiver of compliance or performance.
Section 8. Interpretation of Franchise Terms; Conflicts.
A. The provisions of this Ordinance shall apply to a Franchise agreement as if fully set
forth in the Franchise agreement, and the express terms of this Ordinance will prevail over
conflicting or inconsistent provisions in a Franchise agreement unless such Franchise agreement
expresses an explicit intent to waive a requirement of this Ordinance.
B. Except as to matters which are governed by Federal law or regulation, a Franchise
agreement will be governed by and construed in accordance with the laws of the State of Florida.
C. If any part, section, subsection of other portion of this Ordinance conflicts or
subsequently comes into conflict with any Federal, state, county or local law, the prevailing law
will apply, to the extent expressly permitted by applicable law.
Section9. Applications for Granh Renewal~ Modification or Transfer of
Franchise.
A. A written application shall be filed with the City for (a) grant of a new Franchise;
(b) renewal of a Franchise in accordance with Section 626 of the Communications Act, 47 U.S.C.
Ordinance No. 97-
Page 15
546; (c) modification of a Franchise agreement; (d) transfer of a Franchise; or (e) any other relief
from the city pursuant to this Ordinance or a Franchise agreement.
B. To be acceptable for filing, a signed original of the application shall be submitted
together with five (5) copies, be accompanied by the required non-refundable application filing fee
in the amount of $7,500, conform to any application forms, applicable requests for proposals, and
contain ail reasonably required information. The purpose of the filing fee is to defray a portion of
the City's cost in processing an application. The filing fee is therefore intended to be a charge
incidental to the awarding or enforcing of a franchise within the meaning of Section 622(g)(2) (D)
of the Communications Act, 47 U.S.C. § 542(g)(2)(D), and may not be deducted from the
franchise fee imposed in a franchise agreement. All applications shall include the names and
addresses of persons authorized to act on behalf of the applicant with respect to the application.
Ail applications accepted for filing shall be made available by the City for public
inspection.
D.
An application for the grant of a franchise shall be submitted by any person
desirous of operating a cable system in the City notwithstanding whether any such person is
operating a system pursuant to a County license on the effective date hereof.
E. An application for the grant of a new Franchise may be filed pursuant to a request
for proposals issued by the City or on an unsolicited basis. The City, upon receipt of an
unsolicited application, may issue a request for proposals. If the City elects to issue a request for
proposals upon receipt of an unsolicited application, the applicant may submit an amended
application in response to the request for proposals, or may inform the City that its unsolicited
application should be considered in response to the request for proposals, or may withdraw its
Ordinance No. 97-
Page 16
unsolicited application. An application which does not conform to the reasonable requirements of
a request for proposals may be considered non-responsive and denied on that basis.
F. An application for the grant of an initial Franchise shall contain, at minimum, the
following information:
1. Name and address of the applicant and identification of the ownership and
control of the applicant, including: the names and addresses of all persons with five percent (5%)
or more ownership interest in the applicant, including the names and addresses of parents or
subsidiaries holding such ownership interests directly or indirectly; the persons who control the
applicant; all officers and directors of the applicant; and any other Cable System ownership or
other communication ownership interest of each named person;
2. An indication of whether the applicant, or any person controlling the
applicant, or any officer, or director or person with five percent (5%) or more ownership interest
in the applicant, has been adjudged bankrupt, had a cable Franchise or license revoked, or been
found by any court or administrative agency to have violated a security or antitrust law, or to have
committed a felony, or any crime involving moral turpitude; and, if so, identification of any such
person and a full explanation of the circumstances;
3. A demonstration of the applicant's technical, legal and financial ability to
construct and/or operate the proposed Cable System, including identification of key personnel;
4. Copies of all Federal, state, county and city licenses, permits and
registrations in regard to any part of the applicant's facilities located in the City.
Ordinance No. 97-
Page 17
5. A statement prepared by a certified public accountant or duly authorized
financial officer of the applicant regarding the applicant's financial ability to complete the
construction and operation of the Cable System proposed;
6. A description of the applicant's prior experience in Cable System
ownership, construction and operation, and identification of communities in which the applicant
or any person controlling the applicant or having more than a five percent (5%) ownership interest
in the applicant has or has had, a cable Franchise or license or any interest therein;
7. A description of any and all pending Federal and State litigation, whether
judicial or administrative, that in any manner relates to the operation of a cable television system
or the provision ora cable television service to which the applicant is currently a party;
8. Identification of the area of the City to be served by the proposed Cable
System, including a description of the service area's boundaries;
9. A description of the physical facilities proposed, including channel capacity,
performance characteristics, headend, and access facilities; upon request, the applicant shall make
information on technical design available for inspection;
10. Where applicable, a description of the construction of the proposed system,
including an estimate of plant mileage and its location, the proposed construction schedule, a
description, where appropriate, of how services will be converted from existing facilities to new
facilities, and information on the availability of space in conduits including, where appropriate, an
estimate of the cost of any necessary rearrangement of existing facilities;
l 1. If applicant is currently operating a Cable System within the City, a
description of the existing System and capacity and the operator's plans to upgrade the system.
Ordinance No. 97-
Page 18
If applicant or applicant's parent, or any subsidiary or affiliate of applicant
12.
is currently operating a SMATV system within the City, a list of all such locations;
13. For informational purposes, the proposed rate structure, including
projected charges for each service tier, installation, converters, and other equipment or services,
and the applicant's ownership interest in any proposed program services to be delivered over the
Cable System;
14. Upon written request, a schedule and description of Franchisee's contracts
with any and all residential and or commercial complexes including but not limited to
condominiums, homeowner's associations and apartment buildings.
15. A demonstration of how the applicant's proposal will reasonably meet the
future cable-related needs and interests of the community, including a description of how the
proposal will meet the needs described in any recent community needs assessment conducted by
or for the City;
16. A description of any non-cable telecommunications services offered or
proposed to be offered by the applicant or its parent, affiliate or subsidiary and Franchisee's plan
with respect to the availability of such services to subscribers in the City.
17. Pro forma financial projections for the first five (5) years of the Franchise
term, including a statement of projected income, and a schedule of planned capital additions, with
all significant assumptions explained in notes or supporting schedules;
18. If an applicant proposed to provide cable service to an area already served
by an existing cable operator, or SMATV, the identification of the area where the overbuild
Ordinance No. 97-__
Page 19
would occur, the potential subscriber density in the area which would encompass the overbuild,
and the ability of the Streets to accommodate an additional system;
19. Any other information as may be reasonably necessary to demonstrate
compliance with the requirements of this Ordinance and information that the City may request of
the applicant that is relevant to the City's consideration of the application; and
20. An affidavit or declaration of the applicant or authorized officer certifying
the truth and accuracy of the information in the application, acknowledging the enforceability of
application commitments, and certifying that the proposal meets all Federal and state law
requirements.
G. An application for modification of a Franchise agreement shall include, at
minimum, the following information:
1. The specific modification requested;
2. The justification for the requested modification, including the impact of the
requested modification on subscribers and others, and the financial impact on the applicant if the
modification is approved or disapproved;
3. A statement whether the modification is sought pursuant to Section 625 of
the Communications Act, 47 U.S.C. § 545, arid, if so, a demonstration that the requested
modification meets the standards set forth in 47 U.S.C. § 545.
4. Any other reasonable information necessary for the City to make an
informed determination on the application for modification; and
Ordinance No. 97-
Page 20
5. An affidavit or declaration of the applicant or authorized officer certifying
the truth and accuracy of the information in the application, and certifying that the application is
consistent with all Federal and state law requirements.
H An application for renewal of a Franchise shall comply with the requirements of
Section 9(E and I) and Section 24 hereo£
I. An application for approval of a transfer of a Franchise shall comply with the
requirements of Section 9(E and I) and Section 24 hereof.
J. To be acceptable for filing, an application shall be accompanied by a non-
refundable filing fee in the following amount, as appropriate:
l) For a new or initial Franchise: $7,500
2) For renewal ora Franchise: $5,000
3) For a transfer of a Franchise (other than
a pro forma transfer): $2,500
4) For a pro forma transfer of a Franchise: $1,000
5) For modification of a Franchise
agreement pursuant to 47 U.S.C.§545: $2,500
6) For any other relief: $1,000
The purpose of the filing fee is to defray a portion of the City's cost in processing an
application. The filing fee is therefore intended to be a charge incidental to the awarding or
enforcing of a Franchise within the meaning of Section 622(g)(2)(D) of the Communications Act,
47 U.S.C. § 542(g)(2)(D), and may not be deducted from the Franchise fee imposed in a
Franchise agreement.
Section 10. Grant of Franchise.
Ordinance No. 97-
Page 21
the following factors:
1.
2.
3.
4.
Cable System
5.
In evaluating an application for a Franchise, City shall consider among other things
The economic impact upon private property within the Franchise area;
Public need for such Franchise, if any;
The capacity of public rights of way to accommodate the Cable System;
The present and future use of the public's rights of way to be used by the
The potential disruption to existing users of the public's rights of way to be
used by the Cable System and the resulting inconvenience which may occur to the public
6. The legal, technical and financial ability of the Franchise applicant to
perform;
7. Other societal interests as are generally considered in cable television
franchising; and
8. Such other additional matters, both procedural and substantive, as the City
may in its sole discretion determine to be relevant, including but not limited to the extent to which
the proposal of the applicant will meet the anticipated cable related needs and interests of the
community and serve the public interest. Evaluation by the City shall not be based on the content
of the programming the applicant proposes to provide.
B. The City may grant a Franchise for a period not to exceed fifteen (15) years.
C. The City may make the grant of a Franchise conditioned upon the completion of
construction within a reasonably prescribed time or upon the performance and fulfillment of
specific terms, which are to be set forth in the Franchise agreement specifying that failure to
Ordinance No. 97-
Page 22
comply with the conditions will cause the Franchise to become null and void without further
action by the City.
D. Following at least ten (10) days notice to the applicant, the City shall hold a public
hearing to consider an application or applications. The applicant(s) shall be notified of the hearing
and shall be given an opportunity to be heard. Based upon the application(s), the testimony
presented at the public hearing, any recommendations of the City Manager or staff, and any other
information relevant to the application(s), the City shall decide by Resolution whether to grant or
deny a Franchise application(s) and decide the terms and conditions of any Franchise(s) granted.
E. If the City grants a franchise the Franchisee shall file an acceptance of the
Franchise accompanied by any and all bonds, certificates of insurance or other obligations as
required in a Franchise agreement within forty-five (45) calendar days from the date of the City
Resolution approving the Franchise Agreement. This period may be extended for good cause by
the City. lfthe acceptance is not filed with the City within forty-five (45) calendar days from the
date of the City Resolution, or if the period is not extended by the City, the Franchise grant will
be null and void without further action by the City. The City may, at its option, grant Franchisee
a short term extension(s).. The grant of such a short term extension(s) will not confer on
Franchisee the right to an automatic acceptance, transfer, modification or renewal.
F. The grant, renewal, modification, or transfer of a Franchise may be subject to a
processing fee in an amount not to exceed the reasonable and justifiable out-of-pocket costs
incurred by the City in considering the application, including but not limited to consulting,
advertising and legal costs and fees, less the amount of the filing fee set pursuant to Section 9 up
to an amount not to exceed Fifty Thousand Dollars ($50,000). Within thirty (30) calendar days
Ordinance No. 97-
Page 23
from the date of the Resolution approving or denying the Franchise agreement by the City
Council, the City shall notify the Franchisee of the amount of any processing fee and its method of
calculation. If the processing fee is not paid to the City within sixty (60) calendar days of the date
of the City Council Resolution approving or denying the Franchise agreement, any approval
granted by such Resolution will be null and void. This processing fee is therefore intended to be a
charge incidental to the awarding or enforcing of a Franchise within the meaning of Section 622
(g)(2)(D) of the Cable Act, 47 U.S.C. § 542 (g)(2)(D), and may not be deducted from the
Franchise fee imposed in a Franchise agreement and shall not be passed through to subscribers.
Section 11. Insurance; Surety; Indemnification.
A. A Franchisee shall maintain, and by its acceptance of the Franchise specifically
agrees that it will maintain, throughout the entire term of the Franchise including any renewals
thereof, the following liability insurance coverage insuring the Franchisee and naming the City as
an additional insured: worker's compensation and employer liability insurance to meet all
requirements of Florida State law and general comprehensive liability insurance with respect to
the construction, operation and maintenance of the Cable System, and the conduct of Franchisee's
business in the City, in the minimum amounts of:
1. $500,000 for property damage in any one accident;
2. $500,000 for personal bodily injury to any one person; and
3. $1,000,000 for personal bodily injury in any one accident.
B. All insurance policies shall be with sureties qualified to do business in the State of
Florida; shall be with sureties with a minimum rating of A-1 in Best's Key Rating Guide,
Property/Casualty Edition. The City may require coverage and amounts in excess of the above
Ordinance No. 97-
Page 24
minimum where necessary to reflect changing liability exposure and limits or where required by
law.
C. A Franchisee shall keep on file with the City certificates of insurance which
certificates shall indicate evidence of payment of the required premiums and shall indicate that the
City, its Councilmembers, officers, boards, commission, commissioners, agents and employees are
listed as additional insureds. In the event of a potential claim such that the City claims insurance
coverage, Franchisee shall immediately respond to all reasonable requests by the City for
information with respect to the scope of the insurance coverage.
D. All insurance policies shall name the City, as additional insureds and shall further
provide that any cancellation or reduction in coverage shall not be effective unless thirty (30) days
prior written notice thereof has been given to the City. A Franchisee shall not cancel any required
insurance policy without submission of proof that the Franchisee has obtained alternative
insurance satisfactory to the City which complies with this Ordinance.
E. A Franchisee shall, at its sole cost and expense, indemnify, hold harmless, and
defend the City, its officials, boards, commissions, commissioners, agents, and employees, against
any and all claims, suits, causes of action, proceedings, judgments for damages or equitable relief,
and costs and expenses arising out of the construction, maintenance or operation of its Cable
System, the conduct of Franchisee's business in the City, regardless of whether the act or
omission complained of is authorized, allowed or prohibited by this Ordinance or a Franchise
agreement, provided, however, that Franchisee's obligation hereunder shall not extend to any
claims caused by the misconduct or sole gross negligence of the City, its officials, boards,
commissions, commissioners, agents, or employees. This provision includes, but is not limited to,
Ordinance No. 97-
Page 25
the City's reasonable attorneys' fees incurred in defending against any such claim, suit or
proceedings; and claims arising out of copyright infringements or a failure by the Franchisee to
secure consents from the owners, authorized distributors, or providers of programs to be
delivered by the Cable System, claims arising out of Section 638 of the Communications Act, 47
U.S.C. 558, and claims against the Franchisee for invasion of the fight of privacy, defamation of
any person, firm or corporation, or the violation or infringement of any copyright, trade mark,
trade name, service mark or patent, or of any other right of any person, firm or corporation.
Notwithstanding the foregoing, Franchisee may select counsel to represent the City. City agrees
to notify Franchisee, in writing, within ten (10) days of City receiving notice, of any issue it
determines may require indemnification. Nothing in this section shall prohibit the City from
participating in the defense of any litigation by its own counsel if in the City's reasonable belief
there exists or may exist a conflict, potential conflict or appearance of a conflict.
Section 12. Security Fund/Corporate Guarantee.
A. A Franchise agreement may provide that, prior to the Franchise becoming
effective, the Franchisee shall post with the City a cash security deposit or in the alternative at the
City's discretion a bond, letter of credit, or corporate guarantee in a form acceptable to the City
to be used as a security fund to ensure the Franchisee's faithful performance of and compliance
with all provisions of this Ordinance, the Franchise agreement, and other applicable law, and
compliance with all orders, permits and directions of the City, and the payment by the Franchisee
of any claims, liens, fees, or taxes due the City which arise by reason of the construction,
operation or maintenance of the system. The amount of the security fund or corporate guarantee
shall be the amount that the City determines, under circumstances existing at the time, that is
Ordinance No. 97-
Page 26
necessary to protect the public, to provide adequate incentive to the Franchisee to comply with
this Ordinance and the franchise agreement, and to enable the City to effectively enforce
compliance therewith. The Franchise agreement shall provide for the procedures to be followed
with respect to the security fund or corporate guarantee.
B. Any bond or letter of credit shall be obtained at the sole expense of the Franchisee
and shall be renewed for the full term of the Franchise plus an additional twelve (12) months
thereafter. The Franchisee and its surety shall be jointly and severally liable under the terms of the
bond or letter of credit for any damages or loss suffered by the City as a result of the Franchisee's
nonperformance, including the full amount of any compensation, indemnification or cost of
removal of any property of the Franchisee in the event of default, a reasonable allowance for
attorneys' fees and costs, up to the full amount of the bond or letter of credit. The bond or letter
of credit shall provide for thirty (30) days' prior written notice to the City of any intention on the
part of the Franchisee to cancel, fail to renew, or otherwise materially alter its terms. Neither the
filing of an indemnity bond or letter of credit with the City, nor the receipt of any damages
recovered by the City thereunder, shall be construed to excuse faithful performance by the
Franchisee or limit the liability of the Franchisee under the terms of its franchise for damages,
either to the full amount of the bond or otherwise.
C. The rights reserved to the City with respect to the security fund or an indemnity
bond or letter of credit are in addition to all other rights of the City, whether reserved by this
Ordinance or authorized by other law or the Franchise agreement, and no action, proceeding or
exercise of a right with respect to such security fund or indemnity bond or letter of credit will
affect any other fight the City may have.
Ordinance No. 97-
Page 27
Section 13. Construction Bond.
A. A Franchise agreement may provide that, prior to any Cable System construction,
upgrade, rebuild or other significant work in the Streets a Franchisee shall establish in the City's
favor a construction bond in an amount specified in the Franchise agreement or other
authorization as necessaE~ to ensure the Franchisee's faithful performance of the construction,
upgrade, rebuild or other work.
B. In the event a Franchisee subject to such a construction bond falls to complete the
Cable System construction, upgrade or other work in the Streets in a safe, timely and competent
manner in accord with the provisions of the Franchise agreement, there shall be recoverable,
jointly and severally from the principal and surety of the bond, any damages or loss suffered by the
City as a result, including the full amount of any compensation, indemnification or cost of removal
or abandonment of any property of the Franchisee, or the cost of completing or repairing the
system construction, upgrade or other work in the Streets, plus a reasonable allowance for
attorneys' fees, up to the full amount of the bond. The Cky may also recover against the bond
any amount recoverable against the security fund pursuant to Section 12 hereof where such
amount exceeds that available under the security fund.
C. The Franchise agreement may specify that upon completion of the system
construction, upgrade, rebuild or other work in the Streets and payment of all construction
obligations of the Cable System to the satisfaction of the City, the City may eliminate the bond or
reduce its amount. However, the City may subsequently require an increase in the bond amount
for any subsequent construction, upgrade, rebuild or other work in the Streets.
Ordinance No. 97-
Page 28
D. The construction bond shall be issued by a surety having a minimum rating of A-1
in Best's Key Rating Guide, Property/Casualty Edition; shall be subject to the approval of the City
Attorney; and shall provide that:
"This bond may not be canceled, or allowed to lapse, until sixty
(60) days after receipt by the City, by certified mail, return receipt
requested, of a written notice from the issuer of the bond of intent
to cancel or not to renew."
E. The rights reserved by the City with respect to any construction bond established
pursuant to this section are in addition to all other rights and remedies the City may have under
this Ordinance, a Franchise agreement, or at law or equity.
Section 14. Minimum Facilities and Services.
A. The following minimum requirements for facilities and services apply to all
Franchises granted by the City. The City may require in a Franchise agreement that a Franchisee
exceed these minimum requirements where it determines, under circumstances existing at the time
of the application, that the additional requirements are reasonable to meet the City's future cable
related needs and interests or to serve the public interest. Notwithstanding anything to the
contrary, a Franchisee shall make available facilities, services, products, benefits, and a level of
technology to all subscribers in the City no less than that offered by the Franchisee, its parent,
affiliate, or subsidiary to any community in the state of Florida.
1. Any Cable System that commences construction, including but not limited
to initial construction, rebuild, upgrade or reconstruction after the effective date of this Ordinance
shall have a minimum capacity of at least 750 MHZ providing no less than seventy eight (78)
video channels available for immediate use. A Franchise agreement may provide for a larger
minimum channel capacity requirement.
Ordinance No. 97-
Page 29
2. The City may require in a Franchise agreement that a Franchisee provide
Access Channels, facilities and other support for public, educational and/or governmental use.
3. At the City's request, a Franchisee shall provide cablecasting of City
Council meetings live to all subscribers located within the City.
4. A Cable System shall provide leased Access Channels as required by
Federal law.
5. A Franchisee shall, upon request, provide at least one cable television
service outlet and when technically feasible, at least one additional outlet equipped for on-line
access to all City buildings and all public schools within its Franchise area that are passed by its
Cable System at no cost to the City or schools involved, and shall charge no more than its time
and material costs for any additional service outlets to such facilities.
6. A Franchise shall, upon request, provide all facilities, equipment, cabling,
personnel and such other support as may be required to allow production of programming and
live cablecasting from Government Center. Such support may be allocated among all Franchisees
granted a Franchise within thirty six (36) months of the effective date hereof on a pro-rata basis.
7. A Franchisee shall design its system to allow the City or other appropriate
government body, to interrupt cable service in an emergency to deliver necessary information to
subscribers.
8.
decoding closed circuit captioning information for the hearing impaired.
A Franchisee shall make available to its subscribers equipment capable of
A Franchisee may
impose a reasonable charge for such equipment.
Ordinance No. 97-
Page 30
9. Standard installation shall consist of a drop, not exceeding one hundred
twenty five (125) feet from the cable plant to the nearest part of a subscriber's residence.
Residential drops in excess of one hundred twenty five (125) feet may be charged according to the
Franchisee's rate schedule.
B. Unless a Franchise agreement provides otherwise, a Franchisee shall make cable
service available to every dwelling and every building within the Franchise service area or the
Franchisee's designated services area as defined in a Franchise agreement unless prohibited by a
private property owner from doing so.
C. Applications for an initial or renewed Franchise shall include a proposal for the
interconnection of Franchisee's system to any or all other Cable Systems operating within the
City.
.Section 15. Technical Standards.
A. Any Cable System within the City shall at minimum meet the technical standards of
the FCC or other applicable Federal or state technical standards, including any such standards as
hereinafter may be amended or adopted including but not limited to digital transmission, HDTV
or other advanced technologies. All television signals transmitted on a Cable System shall include
any closed circuit captioning information for the hearing impaired. Antennas, supporting
structures, and outside plants used in the system shall be designed to comply with all generally
accepted industry practices and standards and with all Federal, state, county, City and/or utility
laws, ordinances, rules and regulations.
Ordinance No. 97-
Page 31
B. All construction, installation and maintenance shall comply with the National
Electrical Safety Code, the National Electric Code, the South Florida Building Code, and all laws
and accepted indusUy practices, and as hereinafter may be amended or changed.
C. As required by FCC rules, the Franchisee shall perform at its expense proof of
performance tests designed to demonstrate compliance with FCC requirements. The Franchisee
shall provide, upon written request, the proof of performance test results to the City within thirty
(30) days after completion. The City shall have the right to inspect the Cable System facilities
during and after their construction to ensure compliance with the requirements of the Franchise
agreement, this Ordinance and FCC standards.
D. The City may require any other tests as specified in a Franchise agreement or
applicable law or regulation, to be performed at the expense of the Franchisee. The Franchisee
shall provide the test results to the City within thirty (30) days of completion of the proof of
performance or other tests.
E. The Franchisee shall provide the City ten (10) days advance written notice when a
proof of performance test required in subsections (C) and (D) above is scheduled so that the City
may have an observer present.
F. A Franchisee shall not design, install or operate its facilities in a manner that will
interfere with the signals of any broadcast station, the facilities of any public utility, the Cable
System of another Franchisee, or individual or master antennas used for receiving television or
other broadcast signals.
G. In any Franchise granted pursuant to this Ordinance, a Franchisee shall agree to
maintain that level of technology to satisfy the state of the art as defined in Section 2(CC) herein.
Ordinance No. 97-
Page 32
H. Franchisee shall provide Access Channels, equipment and facilities, and financial
support in accordance with this Sections 14, 15, and 16, as well as such other benefits and
services as provided in a Franchise agreement.
Section 16. Public~ Education and Government Support.
A. It is the purpose and intent of the City to require that all Franchisees provide
Access Channels, facilities, equipment and support sufficient to meet the community's needs and
interests with respect to public, education and government activities.
B. A Franchise shall provide, at the request of the City, cable television services
including installation and basic service to all municipal offices and schools within the City.
C. A Franchisee shall provide, at the request of the City and as designated in a
Franchise Agreement, Access Channels to be allocated to public, education and government use
at the sole discretion of the City.
D. During the term of a Franchise, a Franchisee shall provide at the request of the
City, such equipment, facilities and technical support as the City Council may determine is useful
for the production and cablecasting of programming on the public, education and government
channels. Applications for an initial or renewed Franchise shall include a proposal to provide such
support.
E. A Franchisee shall provide for live and repeat cablecasting of all City Council
meetings to all subscribers within the City.
F. At the request of the City, a Franchisee shall provide the City with a dedicated I-
NET for the exclusive use of the City.
Ordinance No. 97-__
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G. A Franchise may provide for a financial grant in lieu of or in addition to some or all
of the facilities, equipment, and services referenced in this Section 16.
H. A Franchisee shall agree that the facilities, equipment, monetary grant, and all
other support to be provided by Franchisee pursuant to this Section 16 Constitute capital costs
which are required by the Franchise to be incurred by Franchisee for public, educational, or
government access facilities within the meaning of Section 622(g)(2)(C) of the Cable Act, 47
U.S.C. § 542(g)(2)(C); that such grant does not constitute a Franchise fee or tax within the
meaning of Cable Act, state, law, Chapter of the City Code, or a franchise agreement and that the
Franchisee shall waive, and will not assert in any proceeding, any claim to the contrary.
Section 17. Franchise Fee.
A. A Franchisee, as compensation for the privilege of the use of the City's streets to
construct and/or operate a Cable System, shall pay to the City a Franchise fee in an amount up to
a maximum of either (1) five percent (5%) of the Franchisee's Gross Revenues derived directly or
indirectly from the operation of its cable system within the City during the term of its Franchise
less only that amount due to Dade County; or (2) in the event the Communications Act or other
applicable law is amended to permit the City to assess a Franchise fee of a greater amount than
that specified in (1) above, the Franchise agrees to pay to the City the new amount after a public
hearing in which the public and Franchisee are given an opportunity to comment on the impact of
the higher fee. Moreover, Franchisee shall conclude an agreement with respect to a fee increase
with the City no later than it concludes an agreement with Dade County.
B. Franchisee's payment of the Franchise fee to the City shall be reduced only by that
amount the Franchisee is expressly required to pay to Dade County pursuant to any applicable
Ordinance No. 97-
Page 34
cable license, Franchise or Ordinance of the County. Notwithstanding anything to the contrary,
Franchisee shall pay to the City the full amount of ail fees to which it is entitled pursuant to this
Ordinance on revenues not expressly included in the definition of "gross revenues", pursuant to
Dade County Ordinance (No. 90-73) with no reduction for payments to the County.
C. A Franchisee shall pay the Franchise fee due to the City on a quarterly basis.
Payment for each quarter shall be made to the City not later than thirty (30) calendar days after
the end of each caiendar quarter, provided, however, that payment for the fourth quarter
(October, November, December) shall not be due until seventy five (75) days after the end of the
quarter.
D. A Franchisee shall file with the City, on a quarterly basis with the payment of the
Franchise fee, a financial statement setting forth the computation of gross revenues used to
calculate the Franchise fee for the preceding quarter and a detailed explanation of the method of
computation. The statement shail be certified by a certified public accountant or the Franchisee's
chief financiai or other duly authorized officer. The Franchisee will bear the cost of the
preparation of such financial statements.
E. Subject to applicable law, no acceptance by the City of any Franchise fee payment
shail be construed as an accord that the amount paid is in fact the correct amount, nor shail such
acceptance of payment be construed as a release of any claim the City may have for additionai
sums payable.
F. The Franchise fee payment is not a payment in lieu of any other tax, fee or
assessment.
Ordinance No. 97-
Page 35
G. The City may, from time to time, but not more frequently than once per year, and
upon reasonable notice, inspect, copy and audit any and all books and records of the Franchisee
relevant to the determination of gross revenues and the computation of Franchise fees due, and
may recompute any amounts determined to be payable under the Franchise. The cost of the audit
will be borne by the Franchisee if, as a result of the audit, the City determines that the Franchisee
has underpaid the Franchise fees owed in an amount equal to or exceeding three and a half
percent (3.5%) of the franchise fees actually paid. A Franchisee shall make all books and records
necessary to satisfactorily perform the audit readily available to the auditors in Dade County, for
inspection and copying or in the alternative, Franchisee shall pay all costs necessary for the City to
perform the audit at a location outside of Dade County.
H. In the event that a Franchise fee payment is not received by the City on or before
the due date set forth in subsection B above, or is underpaid, the Franchisee will pay a late charge
of eighteen (18%) percent annually of the amount of the unpaid or underpaid Franchise fee
payment, provided however, that such rate does not exceed the maximum amount allowed under
Florida law. Any interest and/or late charges paid by Franchisee is intended to be a charge
incidental to the enforcing of a Franchise within the meaning of Section 622 (g)(2)(D) of the
Communications Act, 47 U.S.C. § 542 (g)(2)(D), and may not be deducted from the Franchise fee
imposed by this Ordinance or any Franchise agreement.
I. When Franchisee terminates for whatever reason, the Franchisee shall file with the
City within ninety (90) calendar days of the date its operations in the City cease a financial
statement, certified by a certified public accountant or the Franchisee's chief financial officer,
showing the gross revenues received by the Franchisee since the end of the previous quarterly
Ordinance No. 97-
Page 36
payment . Adjustments will be made at that time for Franchise fees due to the date that the
Franchisee's operations ceased.
Section 18. Customer Service Requirements.
A. Any person operating a Cable System shall maintain all parts of its system in good
condition and in accordance with standards generally observed by the cable television industry.
Sufficient employees shall be retained to provide safe, adequate, and prompt service for all of its
customers and facilities.
B. Franchisee shall maintain at least one conveniently located business office and
service center within five (5) miles from the City limits to which subscribers may telephone
without incurring added message units or toll charges. This business office shall be open at
minimum from 8:00 a.m. to 6:00 p.m., Monday through Friday, and some weekend and evening
hours.
C. Franchisee shall maintain a listed local, toll-free telephone number and employ a
sufficient number of telephone lines, personnel and answering equipment or service to allow
reasonable access by subscribers and members of the public to contact the Franchisee on a full-
time basis, twenty-four (24) hours per day, seven (7) days per week including holidays.
Knowledgeable, qualified Franchisee representatives will be available to respond to customer
telephone inquiries, twenty-four (24) hours per day, seven (7) days per week including holidays.
D. Franchisee shall answer all customer service and repair telephone calls made under
normal operating conditions within thirty (30) seconds, including wait time and within an
additional thirty (30) seconds to transfer the call. Customers shall receive a busy signal less than
Ordinance No. 97-__
Page 37
three (3) percent of the time. These standards shall be met no less than ninety (90) percent of the
time under normal operating conditions, measured on a quarterly basis.
E A Franchisee shall employ and maintain sufficient qualified personnel and
equipment to be available (I) to accept payments; (ii) to exchange or accept converters or other
equipment; (iii) to receive subscriber complaints or requests for service or repairs on a full-time
basis, twenty-four (24) hours per day, seven (7) days per week; (iv) to initiate service
installations, undertake normal repairs, initiate action with respect to any subscriber service
complaints within twenty-four (24) hours; (v) to enable a service technician to respond to service
calls twenty-four (24) hours per day, seven (7) days a week including holidays when more than 5
subscribers served from the same nearest active electronic device, such as an amplifier or node,
call with the same complaint.
F. Franchisee must meet each of the following standards no less than ninety-five (95)
percent of the time under normal operating conditions as measured on a quarterly basis:
1. Standard installation work shall be performed within seven (7) business
days after an order has been placed except in those instances where a subscriber specifically
requests an installation date beyond the seven (7) business day period. "Standard" installations
are up to one hundred and fifty (150) feet from the existing distribution system. If scheduled
installation is neither started nor completed as scheduled, the subscriber will be telephoned by an
employee of the Franchisee the same day. Evening personnel shall also attempt to call subscribers
at their homes between the hours of 5:30 and 8:00 p.m. If the call to the subscriber is not
answered, an employee of the Franchisee shall telephone the subscriber the next day;
Ordinance No. 97-
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2. Franchisee will respond to service interruptions promptly and in no event
later than twenty-four (24) hours after the interruption becomes known. Other service problems
will be responded to promptly and in no event later than forty-eight (48) hours after the problem
becomes known. All service interruptions, and service problems within the control of Franchisee,
shall be corrected within seventy-two (72) hours after receipt of a complaint;
3. The appointment window alternatives made available for installations,
service calls, repairs, and other installation activities will be either a specific time, a four-hour time
block during normal business hours, or at the election and discretion of the subscriber, "all day";
4. Franchisee may not cancel an appointment with a subscriber after the close
of business on the business day prior to the scheduled appointment; and
5. If at any time an installer or technician is running late for a scheduled
appointment, an attempt to contact the customer will be made and the appointment rescheduled as
necessary at a time which is convenient for the customer.
Subscribers who have experienced a missed installation or service appointments due to the
fault of Franchisee shall receive installation free of charge. If the installation was to have been
provided free of charge or if the appointment was for service or repair, the subscriber shall receive
a credit on its bill of not less than twenty dollars ($20.00).
G. Disconnection.
1. Voluntary Disconnection.
(a) A subscriber may terminate service at any time.
(b) Franchisee shall promptly disconnect any subscriber who so
requests from the Franchisee's Cable System. No period of notice prior to voluntary termination
Ordinance No. 97-__
Page 39
of service may be required of subscribers by any Franchisee. So long as the subscriber returns
equipment within three (3) business days of the disconnection, no charge may be imposed by any
Franchisee for such voluntary disconnection, or for any cable services delivered after the date of
disconnect request.
(c) A subscriber may be asked, but not required, to disconnect the
Franchisee's equipment and return it to the business office.
(d) Any security deposit and/or other funds due the subscriber shall be
refunded on disconnected accounts after the converter has been recovered by the Franchisee. The
refund process shall take a maximum of thirty (30) days from the date that the converter or other
equipment was returned to franchisee or made available to Franchisee for pickup to the date the
customer receives the refund.
2. Involuntary Disconnection. If a subscriber fails to pay a monthly subscriber
or other fee or charge, the Franchisee may disconnect the subscriber's service outlet; however,
such disconnection shall not be effected until thirty-five (35) days after the due date of the
monthly subscriber fee or other charge, and ten (10) days advance written notice of intent to
disconnect to the subscriber in question. If the subscriber pays within thirty-five (35) days of the
due date and after notice of disconnection has been given, the Franchisee shall not disconnect.
After disconnection, upon payment by the subscriber in full of all proper fees or charges, including
the payment of the reconnection charge, if any, the Franchisee shall promptly reinstate service.
3. Nothing in this Ordinance shall be construed to prevent the Franchisee
from removing its property from a subscriber's premises upon the termination of service consistent
with FCC rules and regulations and any other applicable law. At the subscriber's request, a
Ordinance No. 97-__
Page 40
Franchisee shall remove all of its facilities and equipment from the subscriber's premises within
thirty (30) calendar days of the subscriber's request. Where removal is impractical, such as with
buried cable or internal wiring, facilities and equipment may be disconnected and abandoned
rather than removed, unless there is a written agreement stating otherwise, provided, however,
that such agreement must be consistent with applicable law and FCC rules.
H. Franchisee shall intentionally interrupt service only for good cause and for the
shortest time possible and where feasible shall provide 48 hours notice to the City Manager and to
all subscribers. Notice to multiple dwelling units may be provided to the property manager in lieu
of to each individual unit owner.
I. Franchisee shall notify the City Manager immediately if a service interruption
affects fifty (50) or more individual subscribers for a time period greater than four hours.
J. Franchisee shall cause all its field employees to wear a picture identification badge
indicating their employment by Franchisee. This badge shall be clearly visible to the public.
K. A Franchisee shall develop written procedures for the investigation and resolution
of all subscriber or City resident complaints, including, but not limited to, those regarding the
quality of service and equipment malfunction, which procedures shall be subject to the review and
approval by the City Manager. A subscriber or City resident who has not been satisfied by
following the Franchisee's procedures may file a written complaint with the City Manager, who
will investigate the matter and, in consultation with the Franchisee as appropriate, attempt to
resolve the matter. A Franchisee's good faith or lack thereof in attempting to resolve subscriber
and resident complaints in a fair and equitable manner will be considered in connection with the
Franchisee's renewal application. Franchisee shall maintain a complete list of all complaints not
Ordinance No. 97-
Page 41
resolved within seven (7) days of receipt and the measures taken to resolve them. This list shall
be compiled in a form to be approved by the City Manager. It shall be compiled on a quarterly
basis. The list for each calendar quarter shall be supplied to the City Manager no later than the
15th day following the last day of the preceding quarter. Franchisee shall also maintain a list of all
complaints received, which list will be available to the City.
L. To the extent reasonably required to monitor enforcement of this Ordinance or a
franchise agreement, a Franchisee shall permit the City designee to inspect and test the system's
technical equipment and facilities upon reasonable notice not to be less than forty-eight (48)
hours. Such inspection shall not be performed between the hours of 12 midnight and 6:00am
unless the City or its designee offers a specific reason for requiring an inspection during said
hours.
M. Franchisee shall abide by the following requirements governing communications
with customers, bills and refunds:
1. Each Franchisee shall provide to subscribers written information in each of
the following areas at the time of installation, at least once annually, and at any future time upon
request by the Subscriber:
(a)
(b)
(c)
(d)
(e)
How to use the cable service;
Installation and service policies;
The products and services offered;
Prices and service options;
Channel positions of programming carried on the system;
Ordinance No. 97-
Page 42
(f) The Franchisee's procedures for the receipt and resolution of
customer complaints, the Franchisee's address and telephone number to which complaints may be
reported, and the hours of operation;
(g) The telephone number and address of the City's office and the
County's office designated to handle cable television complaints and inquiries;
(h) The availability of a "lock-out" device;
(i) The Franchisee's information, collection, and disclosure policies for
the protection of a subscriber's privacy.
2. In addition, each Franchisee shall provide written notice either in its
monthly billing or through two (2) advertisements no smaller than 1/4 page in the newspaper with
the largest general circulation in the City, at the request of the City, of any City meeting regarding
requests or applications by the Franchisee for renewal, transfer or modification of its license or
change in service, rates or charges to subscribers. If agreed by the City, notice may be provided
over the cable system in certain instances. The City shall make such a request in writing, no less
than forty-five (45) days prior to the mailing of any billing by Franchisee of fifteen (15) days prior
to the date that such advertising shall appear. Said notices shall be made at Franchisee's expense
and said expense shall not be considered part of the franchise fee assessed pursuant to this
Ordinance and shall not be regarded as a franchise fee, as the term is defined in Section 622 of
the Communications Act, 47 U.S.C. Section 542.
3. Franchisee's bills will be clear, concise and understandable.
Ordinance No. 97-__
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4. Refund checks will be issued promptly, but no later than the earlier of thirty
(30) days or the customer's next billing cycle following the resolution of a refund request, or the
return of the equipment supplied by the Franchisee if service is terminated.
5. Credits for service will be issued no later than the customer's next billing
cycle following the determination that a credit is warranted.
6. A Franchisee shall provide subscribers, the City Manager, and the City
Council with at least thirty (30) days advance written notice of any changes in rates, charges,
channel lineup, or initiations or discontinuations or changes of service or services offered over the
Cable System.
N. A Franchisee shall provide a pro-rated 24-hour credit to the subscriber's account
for any period of four hours or more within a 24-hour period during which a subscriber
experienced an outage of service or substantial impairment of service, whether due to a system
malfunction or other cause.
O. Billing.
1. The Franchisee's first billing statement after a new installation or service
change shall be pro-rated as appropriate and shall reflect any security deposit.
2. The Franchisee's billing statement must be fully itemized, with itemizations
including, but not limited to, basic and premium service charges and equipment charges. Bills will
also clearly delineate all activity during the billing period, including optional charges, rebates and
credits.
3.
than ten (10) days after the date of the beginning of the service period. Any balance not received
The Franchisee's billing statement must show a specific due date not earlier
Ordinance No. 97-
Page 44
within ten (10) days after the due date may be assessed an administrative charge. The charge will
appear on the following month's billing statement.
(a) Any administrative charge applied to unpaid bills shall be subject to
regulation by the City consistent with applicable law.
(b) Subscribers shall not be charged an administrative fee, a late fee or
otherwise penalized for any failure by the Franchisee, its employees, or contractors, including
failure to timely or correctly bill the subscriber, or failure to properly credit the subscriber for a
payment timely made.
4. The Franchisee must notify the subscriber that he or she can remit payment
in person at the Franchisee's office or at such other locations within the City and inform the
subscriber of the address of that office.
P. A Franchisee may not substantially alter the service being provided to a subscriber
(including by re-tiering, restructuring a tier or otherwise) without the express permission of such
subscriber, unless it complies with this subsection.
1. If a Franchisee wishes to alter the service being provided to a subscriber
(including by re-tiering, restructuring a tier or otherwise) in such a way that the subscriber will no
longer be able to obtain the same package of services, then the Franchisee must provide the
subscriber with thirty (30) days notice of such alteration, explain the substance and the full effect
of the alteration, and provide the subscriber the right within the thirty (30) day period following
notice, to opt to receive any combination of services offered by the Franchisee.
Ordinance No. 97-
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2. Except as provided herein, no charge may be made for any service or
product which the subscriber has not affirmatively indicated, in a manner separate and apart from
payment of the regular monthly bill, that he or she wishes to receive.
Q. Franchisee shall certify in writing to the City on January 1 and July I of each year
based upon internal due diligence by the Franchisee that to the best of Franchisee's knowledge it is
in substantial compliance with the standards set forth in this Section 18. At the request of the
City, the Franchisee shall submit such documentation, as may be required, to demonstrate
Franchisee's compliance with this Section 18. This documentation shall be submitted within forty
five (45) days of the Franchisee's receipt of the City's request.
R. Responsibility for the administration of this Ordinance and any franchise granted
hereunder and for the resolution of all complaints against a Franchisee regarding the quality of
service, equipment malfunctions, and related matters, including the authority to order refunds or
fees, is hereby delegated to the City Manager, which is empowered, among other things, to settle,
or compromise any controversy arising from operations of the Franchisee, in accordance with the
best interests of the public. In cases where requests for service have been ignored or in cases
where the service provided is unsatisfactory for whatever reason, the City Manager shall have the
power to require the Franchisee to provide service if in the opinion of the City Manager such
request for service is reasonable. Provided, that any person aggrieved by a decision of the City
Manager, including the Franchisee, may appeal the matter to the City Council for hearing and
determination. The City Council may accept, reject or modify the decision of the City Manager.
No adjustment, settlement, or compromise, whether instituted by the City Manager or by the City
Council shall be contrary to the provisions of this Ordinance or any Franchise agreement issued
Ordinance No. 97-
Page 46
pursuant to this Ordinance, and neither the City Manager nor the City Council, in the adjustment,
settlement, or compromise of any controversy shall have the fight or authority to add to, modify
or delete any provision of this Ordinance or of the Franchisee.
S. 1. In addition to the powers delegated in subsection 11 above, the City
Manager shall have the authority to order refunds from a Franchisee to individual cable television
subscribers who have submitted a written complaint to the City and to assess fines against a
Franchisee for any violation of this Ordinance or any franchise issued pursuant to this Ordinance,
which fines will be paid to the City.
2. In ordering refunds to cable television subscribers, the City Manager shall
be governed by the schedule set out below in which the refund indicated is expressed as a
percentage of the subscriber's monthly bill. The refunds listed are to be made on a per violation
basis with each day of a continuing violation constituting a separate violation. The refund ordered
by the City Manager pursuant to this Section 18 shall not exceed 100 percent of a subscriber's
monthly bill, unless a violation has continued at least 30 days from the date first reported to the
Franchisee.
SCHEDULE OF REFUNDS TO SUBSCRIBERS
Maximum Refund
~iolationof:
Failure to comply with
Section 11(B), hereof
Failure to comply with the telephone
availability requirements of
Section 1 I(C) and 1 I(D), hereof
10%
10%
5O%
(c) Failure to comply with the repair
and installation requirements of
Ordinance No. 97-
Page 47
Section 11 (F), hereof
3. In assessing fines against a Franchisee, the City Manager shall be governed
by the schedule set out below. The fines listed are to be assessed on a per violation basis with
each day of a continuing violation constituting a separate violation.
SCHEDULE OF FINES
Single Violation OE Maximum Fines
(a) Section A, hereof $100.00
(b) Section B, hereof $300.00
(c) Section C, hereof $300.00
(d) Section D, hereof. $300.00
(e) Section E and F, hereof. $300.00
(f) Section G and H, hereof. $100.00
(g) Section I, hereof $500.00
(h) Section J, hereof $200.00
(i) Section K, hereof $100.00
(i) Section L, hereof. $500.00
(k) Section M, hereof. $500.00
(1) Section N(1)(a)-(i), hereof $100.00
(m) Section N(2), hereof. $500.00
(n) Section N(3)-N(6), hereof. $200.00
(o) Section O, hereof. $500.00
(p) Section P and Q, hereof. $300.00
Ordinance No. 97-
Page 48
4. For the purpose of assessing refunds and ftnes for violations of this Section
with respect to multiple dwelling units, each individual unit shall be counted as a subscriber.
However, any and all refunds with respect to services provided pursuant to a bulk agreement
should be remitted by the Franchisee to the party to the bulk agreement, rather than to individual
subscribers. Refunds due to subscribers for service purchased on an individual basis shall be
remitted directly by the Company to each individual subscriber.
5. Prior to ordering a refund and/or assessing a fine, the City Manager shall
mall the Franchisee written notice by certified or registered mail of the proposed refund and/or
fine, specifying the violation at issue. The Franchisee shall have thirty (30) days from the date of
receipt of the written notice to file a written response to the City Manager's notice. Franchisee's
written response shall be signed by management level personnel of Franchisee and all statements
contained therein will be regarded as material representations to the City.
6. Prior to ordering a refund and/or assessing a fine, the City Manager shall
consider any justification or mitigating factor advanced in Franchisee's written response, including
but not limited to rebates or credits to the subscriber or a cure of the violation. The City Manager
may, after consideration of the response of the Franchisee, waive or reduce any proposed refund
or fine.
7.
Subsequent to the notice of proposed refund and/or fine to Franchisee and
consideration of the Franchisee's response, if any, the City Manager may issue an assessment of
refund or fine. The refund and/or fine shall be paid within thirty (30) days of written notice to the
Franchisee. This refund and/or fine shall constitute liquidated damages to the subscriber and City
for the violation and the City may enforce payment of the refund or fine in any court having
Ordinance No. 97-
Page 49
jurisdiction. It is the intent of the City to determine fines/refunds as a reasonable estimate of the
damages suffered by the City and/or its subscribers, whether actual or potential, and may include
without limitation, increased costs of administration and other damages difficult to measure.
8. Franchisee may appeal any decision of the City Manager directly to the
City Council within thirty (30) days of notice of the decision to the Franchisee.
9. Any person who intentionally files a false complaint against a Franchisee
shall be subject to a fine in the amount of $50 for the first violation and $100 for each subsequent
violation.
10. Intentional misrepresentation by a Franchisee in any response to a notice of
proposed refund and/or fine shall be grounds for license revocation.
U. In addition to complying with the customer service standards set forth in this
Ordinance or in any franchise issued pursuant to this Ordinance, a Franchisee shall comply with all
customer service standards applicable to Cable Systems of the FCC and any other applicable
federal, state or county law concerning customer service standards, consumer protection, and
unfair or deceptive trade practices.
V. The City expressly reserves the right to consider violations of the customer service
requirements by a Franchisee in deciding whether to enter into a franchise agreement, grant a
franchise renewal, modification or consent to a transfer.
Section 19. Subscriber~.
A Franchisee shall at all times protect the privacy of all subscribers to the full extent
required by Section 631 of the Communications Act, 47 U.S.C. § 551 and state law.
Section 20. Discrimination Prohibited.
Ordinance No. 9%
Page 50
A. No Franchisee may in its rates or charges, or in the availability of the services or
facilities of its system, or in any other respect, make or grant undue preferences or advantages to
any subscriber, potential subscriber, or group of subscribers or potential subscribers, nor subject
any such persons or group of persons to any undue prejudice or any disadvantage. A Franchisee
shall not deny, delay or otherwise burden service or discriminate against subscribers or users on
the basis of age, race, creed, religion, color, sex, handicap, national origin, marital status, or
political affiliation, except for discounts for senior citizens, the economically disadvantaged or
handicapped that are applied in a uniform and consistent manner. A Franchisee may also offer
bulk discounts to multiple dwelling buildings to the extent such discounts are otherwise
permissible by law.
B. A Franchisee shall not deny cable service to any potential subscriber because of the
income of the residents of the area in which the subscriber resides.
C. A Franchisee shall not refuse to employ, nor discharge from employment, nor
discriminate against any person in compensation or in terms, conditions or privileges of
employment because of age, race, creed, religion, color, sex, disability, national origin, marital
status, or political affiliation. The Franchisee shall comply with Federal, state and local laws and
regulations governing equal employment opportunities, as the same may from time to time
amended.
Section 21. Use of Streets.
A. Any pavements, sidewalks, curbing or other paved area taken up or any
excavations made by a Franchisee shall be done under the supervision and direction of the City
under permits issued for work by the proper officials of the City, and shall be done in such manner
Ordinance No. 97-
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as to give the least inconvenience to the inhabitants of the City. A Franchisee shall, at its own
cost and expense, and in a manner approved by the City, replace and restore any such pavements,
sidewalks, curbing or other paved areas in as good a condition as before the work involving such
disturbance was done, and shall also prepare, maintain and provide to the City Manager or his
designee, full and complete plats, maps and records showing the exact locations of its physical
facilities used in connection with the Cable System located within the public Streets, ways, and
easements of the City. These maps shall be available in any form requested by the City Manager
or his designee.
B. Except to the extent required by law, a Franchisee shall, at its expense, protect,
support, temporarily disconnect, relocate, or remove, any of its property when required by the
City by reason of traffic conditions, public safety, Street construction, Street resurfacing or
widening, change of Street grade, installation or sewers, drains, water pipes, power lines, signal
lines, tracks, or any other type of municipal or public utility improvements; provided, however,
that the Franchisee shall, in all such cases, have the privilege of abandoning any property in place.
C. A Franchisee shall, on the request of any person holding a building moving permit
issued by the City, temporarily raise or lower its wires to permit the moving of buildings. The
expense of such temporary removal or raising or lowering of wires shall be paid by the person
requesting same, and the Franchisee shall have the authority to require such payment in advance,
except in the case where the requesting person is the City, in which case no such payment shall be
required. The Franchisee shall be given not less than five calendar (5) days advance notice to
arrange for such temporary wire changes.
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D. A Franchisee shall upon notice to the City of not less than seven (7) days, have the
authority to trim the trees or other natural growth upon and overhanging the Streets so as to
prevent the branches of such trees from coming in contact with the wires, cables and other
equipment of the Franchisee, except that, at the option of the City, such trimming may be done by
it or under its supervision and direction at the expense of the Franchisee.
E. A Franchisee shall use, with the owner's permission, existing underground conduits
(if applicable) or overhead utility facilities whenever feasible. Copies of agreements between a
Franchisee and third party for use of conduits or other facilities shall be filed with the City
provided that the Franchisee shall have the right to redact proprietary and confidential information
in such agreements as it pertains to financial arrangements between the parties.
F. All wires, cable lines, and other transmission lines, equipment and structures shall
be installed and located to cause minimum interference with the rights and convenience of
property owners. The City may issue such rules and regulations concerning the installation and
maintenance of a cable system installed in, on, or over the Streets, as may be consistent with this
Ordinance and the franchise agreement.
G. All safety practices required by law shall be used during construction, maintenance
and repair of a Cable System. A Franchisee shall not place facilities, equipment or fixtures where
they will interfere with any gas, electric, telephone, water, sewer or other utility facilities, or
obstruct or hinder in any manner the various utilities serving the residents of the City of their use
of any Street or any other public right of way.
H. A Franchisee shall, at all times:
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1. Install and maintain its wires, cables, fixtures and other equipment in
accordance with the requirements of the City's Building Code and Electrical Safety Ordinances
and any other applicable Building or Electrical Safety Code, and in such manner that they will not
interfere with any installations of the City.
2. Keep and maintain in a safe, suitable, substantial condition, and in good
order and repair, all structures, lines, equipment, and connections in, over, under, and upon the
Streets, sidewalks, alleys, and public ways or places of the City, wherever situated or located.
I. On Streets where electrical or telephone utility wiring is located underground,
either Franchisee's cable shall also be located underground at the Franchisee's expense. Between
a Street and a subscriber's residence, a Franchisee's cable must be located underground if both
electrical and telephone utility wiring are located underground. The City shall encourage, to the
extent feasible, that the public utility and the Franchisee cooperate in opening up trenches and
making such trenches available to all parties with the understanding that the costs of opening and
refilling of such trenches would be shared equally by all users of such trenches. Franchisee shall at
all times comply with the requirements of the Trench Safety Act.
J. In the event the use of any part of a Cable System is discontinued for any reason
for a continuous period of six (6) months, or in the event such system or property has been
installed in any Street without complying with the requirements of this Ordinance or a Franchisee
agreement, or the Franchisee has been terminated, canceled or expired, the Franchisee, within
thirty (30) days after written notice by the City, shall commence removal from the Streets of all
such property as the City may require.
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K. The City may extend the time for the removal of Franchisee equipment and
facilities for a period not to exceed one hundred eighty (180) days, and thereafter such equipment
and facilities may be deemed abandoned.
L. In the event of such removal or abandonment, the Franchisee shall restore the area
to as good a condition as prior to such removal or abandonment.
Section 22. Renewal of Franchise.
Renewal shall be conducted in a manner consistent with Section 626 of the
Communications Act, 47 U.S.C. 546. To the extent such additional requirements are consistent
with applicable law, the following requirements shall apply.
A. Upon completion of the review and evaluation process set forth in Section
626(a)(1)(2) of the Communications Act, 47 U. SC. 546, should that process be invoked, the City
shall notify the Franchisee, by certified or registered mail that it may file a renewal application
including a renewal proposal. The notice shall specify the information to be included in the
renewal application and the deadline for filing the application, which shall be no earlier than thirty
(30) calendar days following the date of the notice.
1. The application shall comply with the requirements of Section 9 hereof and
provide the specific information requested in the notice. If the Franchisee does not submit a
renewal application by the date specified in the City's notice to the Franchisee given pursuant to
this subsection, the Franchisee will be deemed not to be seeking renewal of its Franchise.
2. Upon receipt of the renewal application, the City shall publish notice of its
receipt and make copies available to the public. The City, following prior public notice, may hold
one or more public hearings on the renewal application.
Ordinance No. 97-
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B. In the event a public hearing on the renewal application is held, or in the event that
the City Council considers the renewal application without a public hearing, the City Council will
either:
1. Pass a resolution agreeing to renew the Franchise, subject to the
negotiation of a Franchise agreement satisfactory to the City and the Franchisee; or
2. Pass a resolution that makes a preliminary assessment that the Franchise
should not be renewed.
C. If a preliminary assessment is made that a Franchise should not be renewed, at the
request of the Franchisee or on its own initiative, the City will commence a proceeding in
accordance with Section 626(c) of the Communications Act, 47 U.S.C. § 546(c) to address the
issues set forth in Section 626(c)(1)(A)-(D) of the Communications Act, 47 US.C.§
546(c)(1)(A)-(D). Any denial of a proposal for renewal that has been submitted in compliance
with subsection (b) of § 546 shall be based on one or more adverse findings made with respect to
the factors described in § 546(c)(1)(A)-(D), pursuant to the record of proceedings under §
546(c). The City shall not base a denial of renewal on a failure to substantially comply with the
material terms of the Franchise under § 546(c)(1)(A) or on events considered under §
546(c)(1)(B) unless the City has provided the Franchisee with notice and opportunity to cure, or
in any case in which it is documented that the City has waived its right to object, or the Franchisee
gives written notice of a failure or inability to cure and the City fails to object within a reasonable
time after receipt of such notice.
D. Any request to initiate a renewal process or proposal for renewal not submitted
within the time period set forth in Section 626(a) of the Communications Act, 47 U.S.C § 546(a),
Ordinance No. 97-
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shall be deemed an informal proposal for renewal and shall be governed in accordance with
Section 626(h) of the Communications Act, 47 U.S.C.§ 546(h). The City may hold one or more
public hearings or implement other procedures under which comments from the public on an
informal proposal for renewal may be received. Following such public hearings or other
procedures, the City Council shall determine whether the Franchise should be renewed and the
terms and conditions of any renewal.
E. If the City Council grants a renewal application, the City and the Franchisee shall
agree on the terms of a Franchise agreement, pursuant to the procedures specified in subsection
9(E)-(H) of this Ordinance, before such renewal becomes effective.
F. If renewal of a Franchise is lawfully denied, the City may acquire ownership of the
Cable System or effect a transfer of ownership of the system to another person upon approval of
the City Council. Any such acquisition or transfer shall be at fair market value, determined on the
basis of the Cable System valued as a going concern but with no value allocated to the franchise
itself. The City may not acquire ownership of the system while an appeal of a denial for renewal
is pending in any court pursuant to § 546(e).
G. If renewal of Franchise is lawfully denied and no appeal to a court is pending, and
the City does not purchase the Cable System or approve or effect a transfer of the Cable System
to another person, the City may require the former Franchisee to remove its facilities and
equipment at the former Franchisee's expense. If the former Franchisee fails to do so within a
reasonable period of time, the City may have the removal done at the former Franchisee's and/or
surety's expense.
Section 23. Transfer/Sale/Assignment.
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A. No transfer of a Franchise shall occur without prior approval of the City.
B. An application for a transfer of a Franchise shall meet the requirements of Section
9 hereof, and provide complete information on the proposed transaction, including details on the
legal, financial, technical and other qualifications of the transferee, and on the potential impact of
the transfer on subscriber rates and service. Except in the case of a pro forma transfer, the
application shall provide, at a minimum, the information required in subsection 9(E)(1)-(E)(5) and
(E)(14) with respect to the proposed transferee. The information required in subsections 9(E)(6)-
(E)(13) shall also be provided whenever the proposed transferee expects material changes to
occur in those areas.
C. An application for approval of a pro forma transfer of a Franchise shall be
considered granted on the sixty first (61a) calendar day following the filing of such application
with the City unless, prior to that date, the City notifies the Franchisee to the contrary. An
application for approval of a pro forma transfer of a franchise shall clearly identify the application
as such, describe the proposed transaction, and explain why the applicant believes the transfer is
pro forma. Unless otherwise requested by the City within thirty (30) calendar days of the filing of
an application for a pro forma transfer, the applicant shall be required only to provide the
information required in subsections 9(E)(1),(3) and (14) with respect to the proposed transferee.
D. In making a determination on whether to grant an application for a transfer of a
Franchise, the City Council shall consider the legal, financial, and technical and other
qualifications of the transferee to operate the system; whether the incumbent cable operator is in
substantial compliance with the material terms of its Franchise agreement and this Ordinance and,
if not, the proposed transferee's commitment to cure such noncompliance; and whether operation
Ordinance No. 97-
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by the transferee would adversely affect cable services to subscribers, or otherwise be contrary to
the public interest.
E. No application for a transfer of a Franchise shall be granted unless the transferee
agrees in writing that it will abide by and accept all terms of this Ordinance and the Franchise
agreement, and that it will assume the obligations and liabilities of the previous Franchisee under
this Ordinance and the Franchise agreement.
F. Approval by the City of a transfer of a Franchise does not constitute a waiver or
release of any of the rights of the City under this Ordinance or the Franchise agreement, whether
arising before or after the date of the transfer.
Section 24. Revocation or Termination of Franchise.
A. A Franchise may be revoked by the City Council for a Franchisee's failure to
construct, operate or maintain the Cable System as required by this Ordinance or the Franchise
agreement, or for any other material violation of this Ordinance or material breach of the
Franchise agreement. To invoke the provisions of this subsection (A), the City shall give the
Franchisee written notice, by certified mail at the last known address, that Franchisee is in material
violation of this Ordinance or in material breach of the Franchise agreement and describing the
nature of the alleged violation or breach with specificity. If within thirty (30) calendar days
following receipt of such written notice from the City to the Franchisee, the Franchisee has not
cured such violation or breach, or has not commenced corrective action and such corrective
action is not being actively and expeditiously pursued, the City may give written notice to the
Franchisee of its intent to revoke the Franchise, stating its reasons.
Ordinance No. 97-
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B. Prior to revoking a Franchise under subsection (A) hereof, the City Council shall
hold a public hearing, upon thirty (30) calendar days notice, at which time the Franchisee and the
public shall be given an opportunity to be heard. Following the public hearing the City Council
may determine whether to revoke the Franchise based on the evidence presented at the heating,
and other evidence of record. If the City Council determines to revoke a Franchise, it shall issue a
written decision setting forth the reasons for its decision. A copy of such decision shall be
transmitted to the Franchisee.
C. Notwithstanding subsections (A) and (B) hereof, any Franchise may, at the option
of the City following a public hearing before the City Council, be revoked one hundred twenty
(120) calendar days after an assignment for the benefit of creditors or the appointment of a
receiver or trustee to take over the business of the Franchisee, whether in a receivership,
reorganization, bankruptcy assignment for the benefit of creditors, or other action or proceeding,
unless within that one hundred twenty (120) day period:
1. Such assignment, receivership or trusteeship has been vacated; or
2. Such assignee, receiver or trustee has fully complied with the terms and
conditions of this Ordinance and the Franchise agreement and has executed an agreement,
approved by a court having jurisdiction, assuming and agreeing to be bound by the terms and
conditions of this Ordinance and the Franchise agreement.
D. In the event of foreclosure or other judicial sale of any of the facilities, equipment
or property of a Franchisee, the City may revoke the Franchise, following a public hearing before
the City Council, by serving notice upon the franchise and the successful bidder at the sale, in
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which event the Franchise and all rights and privileges of the Franchise will be revoked and will
terminate thirty (30) calendar days after serving such notice, unless:
The City has approved the transfer of the Franchise to the successful
bidder; and
2.
The successful bidder has covenanted and agreed with the City to assume
and be bound by the terms and conditions of the Franchise agreement and this Ordinance.
E. If the City revokes a Franchise, or if for any other reason a Franchisee abandons,
terminates or fails to operate or maintain service to its subscribers for a period of six months, the
following procedures and rights are effective:
1. The City may require the former Franchisee to remove its facilities and
equipment at the former Franchisee's expense. If the former Franchisee fails to do so within a
reasonable period of time, the City may have the removal done at the former Franchisee's and/or
surety's expense.
2. The City, by resolution of the City Council, may acquire ownership, or
effect a transfer, of the Cable System at an equitable price.
3. If a Cable System is abandoned by a Franchisee, the City may sell, assign or
transfer all or part of the assets of the system.
F. Where the City has issued a Franchise specifically conditioned in the Franchise
agreement upon the completion of construction, system upgrade or other specific obligation by a
specified date, failure of the Franchisee to complete such construction or upgrade, will result in
the automatic forfeiture of the Franchise without further action by the City where it is so provided
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in the Franchise agreement, unless the City, at its discretion and for good cause demonstrated by
the Franchisee, grants an extension of time.
G No Franchisee will construct or activate a system upgrade in any community
served by the same system prior to activating the upgrade for all subscribers within the City,
without prior authorization from the City.
H. Except as provided in subsection (F), no adverse action against a Franchisee may
be taken by the City pursuant to this section except after a noticed public hearing at which the
Franchisee is given an opportunity to participate.
Section 25. ContinuiW of Service Mandatory.
A. It is the right of all subscribers to receive all available services requested from the
Franchisee as long as their financial and other obligations to the Franchisee are satisfied.
B. In the event of a termination or transfer of a Franchise for whatever reason, the
Franchisee shall ensure that all subscribers receive continuous, uninterrupted service regardless of
the circumstances. The Franchisee shall cooperate with the City to operate the system for a
temporary period following termination or transfer as necessary to maintain continuity of service
to all subscribers. The temporary period will not exceed six (6) months without the Franchisee's
written consent. During such period the Cable System shall be operated under such terms and
conditions as the City and the Franchisee may agree, or such other terms and conditions that will
continue, to the extent possible, the same level of service to subscribers and that will provide
reasonable compensation to the cable operator.
C. In the event a Franchisee fails to operate the system for seven (7) consecutive days
without prior approval of the City or without just cause, the City may, at its option, operate the
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system or designate an operator until such time as the Franchisee restores service under
conditions acceptable to the City or until a permanent operator is selected. If the City is required
to fulfill this obligation for the Franchisee, the Franchisee shall reimburse the City for all costs or
damages resulting form the Franchisee's failure to perform that are in excess of the revenues from
the system received by the City. Additionally, the Franchisee will cooperate with the City to
allow City employees and/or City agents free access to the Franchisees' facilities and premises for
purposes of continuing system operation.
Section 26. Rates.
A. Nothing in this Ordinance shall prohibit the City from regulating rates for cable
services to the full extent permitted by law.
B. Any rate or charge established for cable television service, equipment, repair and
installation shall be reasonable to the public. Upon written request from the City or its agent,
Franchisee shall provide all requested data, records and documentation to show the
reasonableness of the rates or to comply with FCC guidelines. Where such information is
designated proprietmy and confidential, it shall not be copied or removed or otherwise subject to
public inspection, to the extent the City is permitted to protect such information from public
inspection under applicable law.
C. Subject to the City's regulation of rates as permitted under applicable Federal and
state law, should a Franchisee desire to change any rate or charge, it shall submit a written
proposal for the amounts and effective date of such change to the City Manager who shall
evaluate the proposal in a manner consistent with FCC cable television rate regulation standards
or other applicable law in effect at the time and report this evaluation to the City Council. The
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City Manager's report shall be placed before the City Council at a duly noticed public hearing.
The City will provide written notice of the public hearing to the Franchisee no later than five (5)
days prior to the public hearing. The City may require the Franchisee to notify each subscriber, by
placing an announcement of not less than one quarter page in a newspaper of general circulation
and/or via the Cable System, of the proposed rate change and the date and time of the public
heating, with such notice commencing no later than forty-eight (48) hours prior to time of the
public hearing. At such hearing, the Franchisee and members of the public will be given an
opportunity to present their respective views on the proposed rates. Upon conclusion of the
public hearing, the City Council shall decide the matter by majority vote and adopt a Resolution
approving, disapproving, or modifying the proposed rate changes and providing such further relief
as is appropriate and authorized by FCC rate regulation standards. The resolution shall set forth
complete findings of fact and conclusions regarding all of the basic elements considered in the
City Council's determination.
Section 27. Performance Evalnation.
The City will conduct periodic performance evaluations of a Franchisee as the City
determines is necessary. A Franchisee shall cooperate with these evaluations reasonably and in
good faith. If the City implements a survey of cable subscribers in connection with a performance
evaluation, the City may require a Franchisee to distribute the City's questionnaire to its
subscribers at the City's expense. Upon request and upon reimbursement of the City's copying
costs, the Franchisee may receive copies of all responses.
Section 28. Administration.
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A. The City Manager, either directly or through a duly appointed designee, shall have
the responsibility for overseeing the day-to-day administration of this Ordinance and Franchise
agreements. The City Manager shall be empowered to take all administrative actions on behalf of
the City, except for those actions specified in this Ordinance that are reserved to the City
Council. The City Manager may recommend that the City Council take certain actions with
respect to the Franchise. The City Manager shall keep the City Council apprised of developments
in cable and provide the City Council with assistance, advice and recommendations as
appropriate.
B.
Subject to Federal and state law, the City Council shall have the sole authority to
regulate rates for cable services, grant Franchises, authorize the entering into of franchise
agreements, modify Franchise agreements, renew or deny renewal of Franchise, revoke Franchise
and, authorize the transfer ora Franchise.
Section 29. Force Majeure.
In the event a Franchisee's performance of or compliance with any of the provisions of
this Ordinance or the Franchisee's Franchise agreement is prevented by a cause or event not
within the Franchisee's control, such inability to perform or comply if reasonably possible shall be
deemed excused and no penalties or sanctions shall be imposed as a result thereof, provided,
however, that Franchisee uses all practicable means to expeditiously cure or correct any such
inability to perform or comply. For purposes of this Ordinance and any Franchisee agreement
granted or renewed hereunder, causes or events not within a Franchisee's control shall include,
without limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural
disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints
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imposed by order of a governmental agency or court . Causes or events within Franchisee's
control, and thus not falling within this section, shall include, without limitation, Franchisee's
financial inability to perform or comply, economic hardship, and misfeasance, malfeasance or
nonfeasance by any of Franchisee's directors, officers, employees, contractors or agents.
Section 30. Applicability.
A. This Ordinance shall be applicable to all cable systems now existing in the City on
the date hereof and to all applicants for cable franchises, to the full extent permitted by Federal
and state law.
B. Any person shall notify the City in writing within thirty (30) calendar days of the
passage of this Ordinance, or any subsequent amendment thereof, off
1. any provision which it believes should not be applicable to it.
2. the reason for each such claim of non-applicability.
C. Failure to notify the City as provided in subsection (B) of this Section shall
constitute a waiver of any right to object.
Section 31. Municipal Cable System Ownership Authorized.
A. To the full extent permitted by law, the City may acquire, construct, own, and/or
operate a Cable System.
B. Nothing in this Ordinance shall be construed to limit in any way the ability or
authority of the City to acquire, construct, own, and/or operate a Cable System to the full extent
permitted by law.
Section 32. Violations of Ordinance.
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A. Whenever the City finds that a person has allegedly violated any provision of this
Ordinance, not otherwise described in Section 18 herein, such person shall have thirty (30) days
subsequent to receipt of notice to correct the violation. If after 30 days, the recipient has failed to
correct the alleged violation, or commence curing to a substantial extent and to the satisfaction of
the City, the City shall determine if the person has committed a violation and shall make written
findings of fact. If a violation is found, the person shall pay to the City Five Hundred Dollars
($500) per day, or any part thereof for each day each violation occurs or continues. The City
reserves the fight to withdraw said payments from the security fund upon 3 days written notice to
Franchisee. It is the intent of the City to impose the above discussed fines as a reasonable
estimate of the damages suffered by the City and/or its subscribers, whether actual or potential,
and may include without limitation, increased costs of administration and other damages difficult
to measure.
B. The City hereby reserves any and all rights to require that a person remove its
equipment and facilities from the City's public fights of way where the City has determined and
issued a written decision finding that the damages suffered by the City or its residents can not be
remedied by any reasonable means other than by termination or revocation of a person's rights to
use the City's rights of ways.
Section 33. Enforcement Remedies.
A. In addition to any other remedies available at law or equity or provided herein
under Section 18, the City may apply any one or combination of the following remedies in the
event a Franchisee violates this Ordinance, its Franchise agreement, applicable Federal or state
law, or applicable local law or order:
Ordinance No. 97-
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1. Impose liquidated damages in such amount, whether on a per-diem, per-
incident, or other measure of violation, as provided in the franchise agreement. Payment of
liquidated damages by the Franchisee will not relieve the Franchisee of its obligation to comply
with the Franchise agreement and the requirements of this Ordinance.
2. Revoke the Franchise pursuant to the procedures specified in Section 25
hereof.
3. In addition to or instead of any other remedy, the City may seek legal or
equitable relief from any court of competent jurisdiction.
B. In determining which remedy or remedies are appropriate, the City shall take into
consideration the nature of the violation, the person or persons bearing the impact of the
violation, the nature of the remedy required in order to prevent further violations, and such other
matters as the City determines are appropriate to the public interest.
C. Failure of the City to enforce requirements of a Franchise agreement or this
Ordinance shall not constitute a waiver of the City's right to enforce that violation or subsequent
violations of the same type or to seek appropriate enforcement remedies.
D. In any proceeding wherein there exists an issue with respect to a Franchisee's
performance of its obligations pursuant to this Ordinance, the Franchisee has, throughout any
such proceedings and appeals thereof, the burden of proving that said Franchisee is in compliance
with the terms of the Ordinance. The City Council may find a Franchisee that does not
demonstrate compliance with the terms and conditions of this Ordinance in default and apply any
one or combination of the remedies otherwise authorized by this Ordinance.
Section 34. Reservation of Rights.
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A. The City reserves the fight to amend this Ordinance as it shall find necessary in the
lawful exercise of its police powers.
B. Any additional regulations adopted by the City shall be incorporated into this
Ordinance and complied with by all Franchisees within thirty (30) days of the date of adoption of
such additional regulations.
C. The City reserves the right to exercise the power of eminent domain to acquire the
property of Franchisee's Cable System, consistent with applicable Federal and state law.
Notwithstanding anything to the contrary, this Section shall not enlarge or restrict the City's
exercise of eminent domain except to the extent provided by applicable law.
D. The City shall at all times have the right, upon reasonable notice and during normal
business hours, to examine and copy a Franchisee's records and to inspect a Franchisee's facilities
to the extent needed to monitor a Franchisee's compliance with and performance under this
Ordinance and the Franchisee's Franchise agreement.
Section 35. Repeal of Conflicting Ordinances.
That ordinances or parts of ordinances, and all resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed to the extent of such conflict.
Section 36. Savings.
All rates, fees, charges and financial obligations previously accrued pursuant to the
ordinances and resolutions repealed pursuant to Section 35 above shall continue to be due and
owing until paid.
Section 37. Severabilit¥.
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If any part, section, subsection, or other portion of this Ordinance or any application
thereof to any person or circumstance is declared void, unconstitutional or invalid for any reason,
such part, section, subsection, or other portion, or the prescribed application thereof, shall be
severable, and the remaining provisions of this Ordinance, and all applications thereof not having
been declared void, unconstitutional or invalid, shall remain in full force and effect. The City
declares that no invalid or prescribed provision or application was an inducement to the enactment
of this Ordinance, and that it would have enacted this Ordinance regardless of the invalid or
prescribed provision or application.
Section 38. Effective Date.
This Ordinance shall take effect and be in force immediately upon its passage and adoption
on second reading.
The foregoing Ordinance was offered by Councilmember
moved its adoption on first reading. The motion was seconded by
, and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Patricia Rogers-Libert
Vice Mayor Jeffrey M. Peflow
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Councilmember
moved its adoption on second reading. The motion was seconded by
, and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay Beskin
, who
Councilmember
who
Councilmember
Ordinance No. 97-
Page 70
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 5th day of August, 1997.
PASSED AND ADOPTED on second reading 2nd day of September, 1997.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
OFFICEOFTHECITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council ~
Eric M. Soroka,
July 17, 1997
Ordinance Establishing Stormwater Utility System Program
Ist Reading June 25, 1997 City Council Meeting Agenda Item 5
2nd Reading August 5, 1997 City Council Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Council adopt the attached Ordinance which
establishes a Stormwater Utility System Program for the City. The adoption of the
Ordinance will finalize the withdrawal from the County's Stormwater Program. The
original Ordinance has been revised to provide for an adjustment of the appeals
process.
BACKGROUND
In order to continue the process of establishing the City's own Stormwater Utility
System Program as outlined in the CIP, the attached Ordinance has been prepared.
The Ordinance meets all of the requirements established by Florida Statutes and
County Ordinance.
A stormwater utility fee will be assessed against each developed property in the City.
Each residential unit is assigned one ERU (Equivalent Residential Unit) and non-
residential property is assigned ERUs on the basis of one ERU per 1,548 square feet of
impervious area.
The actual fee will be set by Resolution of the City Council. As part of the proposed
budget for fiscal year 1997/98, it is recommended that the fee remain the same as
Dade County's fee of $2.00 / ERU.
The fee will be collected by the Dade County Water and Sewer Authority as part of the
existing utility bill for water and sewer. The City will be required to enter into an
agreement with WASA to collect the fees.
The fees can only be utilized for the planning, constructing, financing, operating and
maintenance of the stormwater utility and infrastructure.
The steps to establish the program are as follows:
1. WASA Billing Agreement.
2. Adopt a Resolution establishing fee.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0313-97
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ESTABLISHING A STORMWATER UTILITY SYSTEM FOR
THE CITY; PROVIDING FOR DEFINITIONS; MAKING
CERTAIN FINDINGS AND DETERMINATIONS;
ESTABLISHING A STORMWATER UTILITY FEE;
ESTABLISHING A METHOD AND PROCEDURE FOR THE
COLLECTION OF STORMWATER UTIUTY FEES;
DIRECTING THE CITY MANAGER TO MAINTAIN CERTAIN
RECORDS; PROVIDING FOR REQUESTS FOR
ADJUSTMENT; PROVIDING FOR APPEALS; PROVIDING
FOR REPEAL OF CONFLICTING ORDINANCES;
PROVIDING FOR SEVERABIMTY, INCLUSION IN THE
CODE AND AN EFFECTIVE DATE.
WHEREAS, the City will become responsible for the ownership, maintenance and
expansion of an existing stormwater management system within the City limits that has
been developed over a number of years for the purpose of collecting and disposing of
storm and other surface water; and
WHEREAS, prior to September 30, 1997, Metropolitan Dade County is responsible
for the maintenance of the stormwater management system; and
WHEREAS, the South Florida Water Management District has adopted rules and
regulations with respect to groundwater protection that result in higher capital costs for the
construction of ground water protection devices in conjunction with storm drainage
improvement; and
WHEREAS, the City desires to address such various environmental issues which
will further burden its infrastructure requirements and to improve drainage throughout the
City; and
Ordinance No.
Page 2
WHEREAS, the City finds that although each developed property in the City has
varying degrees of water retention, all properties contribute to some extent to the City's
stormwater problems and that all citizens will benefit from the establishment of a
Stormwater Utility; and
WHEREAS, the fee structure set forth herein represents a logical, reasonable and
rational basis for allocating the costs for a Stormwater Utility to the several types of
developed properties of the City and based upon the relative contribution of such
developed properties to the need for the Stormwater Management Program; and
WHEREAS, therefore the City finds that it is necessary and essential to establish a
Stormwater Utility to ensure that the collection and disposal of stormwater within the City of
Aventura is funded in a manner which adequately protects the health, safety and welfare of
the citizens of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. The Stormwater Utility System
follows:
Ordinance is hereby adopted as
STORMWATER UTILITY SYSTEM
Sec. 1. Purpose; Authority.
The purpose of this Ordinance is to implement the provisions of Section
403.0893, Florida Statutes, by creating a city-wide Stormwater Utility and
adopting stormwater utility fees sufficient to plan, construct, operate and
maintain the stormwater management system required by Section 403.0891,
2
Ordinance No. 97-__
Page 3
Florida Statutes.
Sec. 2. Definitions.
The following, when used in this Ordinance, shall have the meanings
ascribed in this section, except where the context clearly indicates a different
meaning:
(a) "Developed Property" shall mean any parcel of land that contains an
impervious area.
(b) "Dwelling" shall mean any building that is wholly or partly used or
intended to be used for living, sleeping, cooking and eating.
(c) "Dwelling Unit" shall mean any room or group of rooms located within
a dwelling and forming a single habitable unit with facilities used or intended
to be used for living, sleeping, cooking and eating.
(d) "ERU" ("Equivalent Residential Unit") shall mean the statistically
estimated average of impervious area of residential developed properties per
dwelling unit. This estimated average (which equals 1,548 square feet) is
calculated by dividing the total estimated impervious area of residential
properties by the estimated total number of dwelling units.
(e) "Impervious Area" shall mean the horizontal ground surface that is
incapable of being penetrated by rainwater. This shall include, but not be
limited to, all structures, roof extensions, slabs, patios, porches, driveways,
sidewalks, parking areas, swimming pools, athletic courts and decks.
(f) "Nonresidential Developed Property" shall mean any parcel of land
that contains an impervious area and that is classified by the Dade County
Property Appraiser as land use types 10 through and including 99, as set
forth in Florida Administrative Code Rule 12D-8.008(2)(c), as amended from
time to time.
(g) "Residential Developed Property" shall mean any parcel of land that
contains an impervious area and is classified by the Dade County Property
Appraiser as land use types 00 through and including 09 as set forth in
Florida Administrative Code Rule 12D-8008(2)(c), as amended from time to
time.
3
Ordinance No. 97-
Page z!
(h) "Stormwater Infrastructure" shall mean the structural, non-structural or
natural features of a parcel of land or watershed which collect, convey, store,
absorb, inhibit, treat, use, reuse, or otherwise affect the quantity or quality of
stormwater.
(i) "Stormwater" shall mean the surface water runoff that results from
rainfall.
(j) "Stormwater Management System" (or the "System") shall have the
meaning specified by Section 403.031(16), Florida Statutes, as amended
from time to time.
(k) "Stormwater Utility" shall have the meaning specified by Section
403.031 (17), Florida Statutes, as amended from time to time.
(I) "Stormwater Utility Fund" shall mean that separate Fund established
by the City for the deposit and use of all Stormwater Utility Fees collected.
(m) "Stormwater Utility Fee" shall have the meaning specified by Section
403.0893, Florida Statutes, as amended from time to time.
(n) "Watershed" shall have the meaning specified by Section
403.031 (18), Florida Statutes, as amended from time to time.
Sec. 3. Findings and Determinations.
It is hereby determined and declared as follows:
(a) The City desires to create a Stormwater Management System to
maintain and improve water quality, to control flooding that results from
rainfall events, to deter unmanaged rainwater from eroding sandy soils, to
deter the disruption of the habitat of aquatic plants and animals and to
provide for the collection of Stormwater Utility Fees for those expenses
connected with the planning, constructing, operating and maintaining of a
Stormwater Management System.
(b) The collection of and disposal of stormwater and regulation of
groundwater are of benefit to all property within the City including property
not currently served by the System.
Ordinance No. 97-~
Page 5
(c) The cost of operating and maintaining the System should, to the
extent practicable, be allocated in relationship to the contributions to the
system.
Sec. 4. Stormwater Utility Fee.
(a) A Stormwater Utility Fee is hereby assessed against each Developed
Property within the City for services and facilities provided by the Stormwater
Management System. The rate per ERU to be used in calculating
Stormwater Utility Fees shall be set by Resolution of the City Council after a
Public Hearing.
The City Manager or his/her designee is directed to prepare a list of lots and
parcels within the City and to assign a classification of Single-family Dwelling
Unit, Multi-family Dwelling Unit, or Nonresidential Developed Property to
each lot or parcel.
(b) ERUs shall be assigned as follows:
(1) Single Family Dwelling Units: 1.0 ERU.
(2) Multi-family Dwelling Units: 1.0 ERU per Dwelling Unit.
(3)
Non-Residential Dwelling Properties: shall be assigned ERUS
on the basis on one ERU per 1,548 square feet of Impervious
Area.
(c) The following procedures and criteria are to be used to calculate
Stormweter Utility Fees:
(1) Each Single-Family Dwelling Unit, Multi-family Dwelling Unit and
Nonresidential Developed Property shall be assessed a Stormwater
Utility Fee calculated by multiplying the rate for one ERU by the
number of ERUs provided in Sections 4(b)(1), (2) and (3),
respectively.
(2) The fees owed to the City and collected by the Metropolitan
Dade County water and Sewer Authority Department (MDWASA) with
respect to the Stormwater utility, together with investment earnings
Ordinance No. 97-
Page 6
thereon, shall be deposited in the Stormwater utility Fund and shall be
used exclusively for planning, constructing, financing, operating and
maintaining the Stormwater Utility and the infrastructure of the
Stormwater Management System. The City may pledge such fees as
security for indebtedness incurred by it in connection with the
Stormwater Utility and the Stormwater Management System.
Sec. 5.
Collection of Stormwater Utility Fee; Liens.
(a)
The Stormwater Utility Fee shall be shown as a separate item on
MDWASA bills (or as shown on a stormwater utility bill if no water bill
is issued) and shall be paid by the owner, tenant or occupant in
possession of the premises at the same time and in the same manner
as is provided in MDWASA regulations for the payment of bills. For
properties not receiving monthly utility bills for other services, the bill
or statement for the Stormwater Utility Fee shall be sent to the owner
of the property as determined from the tax rolls by the City. The
Finance Support Services Department may render annual or semi-
annual billing on such properties if determined to be in the best
interest of the City.
(b)
For the purpose of calculating Stormwater utility Fees, the calculation
of ERUs is based upon property usage. The property usage shall be
determined by the City based on, but not be limited by, state and
county land use codes, occupational licenses and site inspections.
(c)
Any authorized representative of the City shall have free access to the
properties at any reasonable time for the purpose of determining
property usage for the purpose of calculating Stormwater Utility Fees
and obtaining billing account information.
(d)
The number of ERUS calculated for each account shall be rounded up
to the nearest whole number.
(e)
The minimum charge assessed against each property shall be one (1)
ERU.
(f)
The Stormwater Utility Fee shall be billed to the owner, tenant or
occupant of each Developed Property. If the Stormwater Utility Fee is
not fully paid by the owner, tenant or occupant on or before the past
Ordinance No. 97-__
Page 7
due date set forth on the owner's, tenant's or occupant's bill, a ten
percent late charge may be added to the bill. Any unpaid balance of
the owner, tenant or occupant for a Stormwater Utility Fee shall be
subject to an interest charge at a rate of eight percent per annum.
Imposition of this interest charge shall commence 60 days after the
past due date of the fees set forth on the bill of the owner of the
Developed Property. WASAD is hereby authorized to act as the City's
agent for the purpose of billing and collecting Stormwater Utility Fees.
Stormwater Utility Fees shall be billed by WASAD in the same manner
and subject to the same rules and regulations governing WASAD's
water and sewer bills, including, but not limited to, the right to
discontinue service. Fees and late charges, together with any interest
charges, shall be debts due and owing the City's Stormwater Utility
and all of same shall be recoverable by the City in a court of
competent jurisdiction.
(g)
All Stormwater Utility Fees, late charges and interest accruing
thereupon, due and owing to the City's Stormwater Utility which
remain unpaid 60 days after the past due date shall become a lien
against and upon the Developed Property for which the Stormwater
Utility Fees are due and owing to the same extent and character as a
lien for a special assessment. Until fully paid and discharged, such
fees, late charges, and interest accrued shall constitute a special
assessment lien equal in rank and dignity with the liens of City ad
valorem taxes and superior in rank and dignity to all other liens,
encumbrances, titles, and claims in, to or against the Developed
Property involved for the period of five years from the date such
Stormwater Utility Fees, late charges, and interest accrued thereupon
became a lien as set forth in this ordinance. This lien may be
enforced and satisfied by the City pursuant to Chapter 173, Florida
Statutes, as amended from time to time, or by any other method
permitted by law. The lien provided for in this sub-section shall not be
deemed to be in lieu of any other legal remedies for recovery of such
fee, late charges, and accrued interest available to the City.
(h)
For Stormwater Utility Fees which become more than 60 days past
due and unpaid, the City shall cause to be filed in the office of the
Clerk of the Circuit Court of Dade County, Florida, a notice of lien or
statement showing a legal description of the Developed Property
against which the lien is claimed, its location by street and number,
Ordinance No. 97-__
Page 8
the name of the owner, and an accurate statement of the fees and late
charges then unpaid. A copy of such notice of lien shall be mailed
within a reasonable time to the owner of the Developed Property
involved as shown by the records of the tax collector of Metropolitan
Dade County. No such lien shall be enforceable by the City unless
this notice is filed within six months from the date the fees and late
charges become a lien as established in this section.
(i)
Liens may be discharged and satisfied by payment to the City of the
aggregate amounts specified in the notice of lien, together with
interest accrued, and all filing and recording fees. When any such
lien has been fully paid or discharged, the City shall cause evidence
of the satisfaction and discharge of such lien to be filed with the office
of the Clerk of the Circuit Court of Dade County, Florida.
Notwithstanding other provisions to the contrary, the City shall have
the discretion not to file notices of lien for fees, late charges, and
interest accrued in an amount less than fifty dollars ($50.00). If the
City elects not to file a notice of lien, such fees, late charges, and
accrued interest shall remain as debts due and owing in accordance
with section (f) above.
(k)
The owner of Developed Property is ultimately responsible for all
unpaid fees established under this section.
The City Manager or his designee is authorized and directed to certify
upon request the amount of fees, late charges and interest accrued,
which are due and owing to the City for any Developed Property which
is subject to payment of said fees, or the City Manager may certify that
no fees, late charges or accrued interest are due and owing.
Sec. 6.
Request for Adjustment.
All requests for adjustment of the Stormwater Utility Fees based upon the calculation
of impervious area on site shall be submitted to the City Manager. The City
Manager shall review each request as follows:
(a)
All requests shall be in writing and set forth in detail the grounds upon
which relief is sought.
Ordinance No. 97-
Page 9
(b)
Adjustment requests made during the first calendar year that the fee is
imposed shall be reviewed by the City Manager within a one-year
period from the date of submission. Adjustments resulting from such
requests shall be retroactive to the effective date of this Ordinance.
(c)
All adjustment requests received after the first calendar year that the
fee is imposed shall be reviewed by the City Manager Within a four (4)
month period from the date of submission. Adjustments resulting from
such requests shall be retroactive to the date of submission.
(d)
The owner, tenant or occupant requesting the adjustment may be
required, at his own cost, to provide supplemental information to the
City Manager, including, but not limited to, survey data and
engineering reports approved by either a registered professional land
surveyor (R.P.LS.) or professional engineer (P.E.). Failure to provide
such information may result in denial of the adjustment request.
(e)
The City Manager shall provide the person requesting the adjustment
with a written determination of the request within the time provided
herein. Any adjustments shall be prorated monthly.
(f)
No adjustment may be requested unless the Stormwater Utility Fee is
first paid.
(g)
Adjustments are subject to the limitations and restrictions provided
herein.
Sec. 7. Appeals.
All determinations of the City Manager pursuant to Sec. 6 of this Ordinance may be
appealed to the City Council. Appeals must be filed in the office of the City Manager
within thirty (30) days of receipt of the City Managers written determination.
Appeals shall be heard within thirty (30) days of filing. In evaluating appeals, the
City Council shall be bound by the method of setting rates as set forth in this
Ordinance. The decision ofthe City Council shall be final.
Section 2. Repeal of Conflictino Ordinances. Article IV of Chapter 24 of the
Dade County Code, concerning the same subject matter, as made applicable to the City by
Ordinance No. 97-__
Page ~- 0
Article VIII, Sections 8.03 of the City Charter, is hereby repealed and replaced. This shall
not affect fees owed prior to the effective date hereof.
Section 3. Severabilitv. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. It is the intention of the City Council, and it is
hereby ordained that the provisions of this Ordinance shall become and made a part of the
Code of the City of Aventura;; that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to
"Section" or other appropriate word.
Section 5. Effective Date. This Ordinance shall be effective upon adoption on
second reading.
The foregoing Ordinance was offered by Councilmember Rogers-Libert, who
moved its adoption on first reading. This motion was seconded by Councilmember
Berger 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
yes
yes
yes
yes
lO
Ordinance No. 97-__
Page 11
Councilmember Patricia Rogers-Libert yes
Vice Mayor Jeffrey M. Perlow yes
Mayor Arthur I. Snyder yes
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 Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 25th day of June, 1997.
PASSED AND ADOPTED on second reading this 5th day of August, 1997.
Al-rEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC, CITY CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
OFFICEOFTHECITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council ~
Eric M. Soroka, Ci~//~glr
June 27, 1997 v ~
Flood Drainage Prevention Ordinance
Reading July 1, 1997 City Council Meeting Agenda Item 7-C
Reading August 3, 1997 City Council Meeting Agenda Ite"~-~-~
RECOMMENDATION
It is recommended that the City Council adopt the attached Ordinance which
establishes Flood Damage Prevention regulations in accordance with Florida Statutes
and Federal Emergency Management Agency (FEMA) standards.
BACKGROUND
A community must adopt and enfome floodplain management regulations in exchange
for the Federal Emergency Management Agency (FEMA) making flood insurance
available. The purpose of these regulations is to minimize flood damage and reduce
flooding'impacts that can be generated by new development. The local adopted
regulations must include the federal minimum standards NFIP. Currently, FEMA has
not published a Flood Insurance Study or Flood Insurance Rate Map (FIRM) for the City
of Aventura. The unincorporated Dade County FIRM portrays the special flood hazard
areas in the City limits of Aventura.
Therefore, now that the City has incorporated, it must apply for the NFIP and adopt an
Ordinance of its own in order for flood insurance to continue to be available to its
property owners and residents. Flood insurance is mandatory for buildings within
FEMA-identified Special Flood Hazard Area when covered by real estate mortgages
that are federally backed or issued by lending institutions which are federally regulated.
The attached Ordinance establishes flood damage prevention guidelines in accordance
with the State and FEMA. The Ordinance has been reviewed by the City Engineer and
City Attorney.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0317-97
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CODE OF THE CITY OF AVENTURA BY
ADDING A NEW ORDINANCE ENTITLED "FLOOD
DAMAGE PREVENTION"; PROVIDING FOR STATUTORY
AUTHORITY AND LEGISLATIVE FINDINGS; PROVIDING
AN INTENT AND PURPOSE; PROVIDING OBJECTIVES;
PROVIDING DEFINITIONS; PROVIDING GENERAL
PROVISIONS; PROVIDING ADMINISTRATIVE
PROCEDURES AND STANDARDS; PROVIDING FOR
FLOOD HAZARD REDUCTION; PROVIDING FOR
VARIANCES AND APPEALS; PROVIDING FOR THE
REPEAL OF CONFLICTING PROVISIONS; PROVIDING
FOR SEVERABILITY; INCLUSION IN THE CODE AND AN
EFFECTIVE DATE
WHEREAS, the City of Aventura is located in an area highly susceptible to
flooding; and
WHEREAS, the City Council has determined that it is in the best interest of the
residents of the City of Aventura to establish regulations on the development of land to
reduce the risk of flood damage to improvements and structures located in the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AS FOLLOWS:
This Ordinance shall be known as the Flood Damage Prevention
Section 1.
Ordinance.
Sec. 1.
Statutory Authority and Legislative F nd n.qs.
The Legislature of the State of Florida has in Sections 166
and 163 Florida Statutes, granted the authority and
responsibility to local governmental units, including the City,
Ordinance No. 97-
Page 2
to adopt regulations designed to promote the public health,
safety and general welfare, as well as to adopt development
regulations controlling the use of land.
The Flood hazard areas of the City are subject to periodic
inundation which results in loss of life and property, health
and safety hazards, disruption of commerce and
governmental services, extraordinary public expenditures for
Flood protection and relief, and impairment of the tax base,
all of which adversely affect the public health, safety and
general welfare.
These Flood losses are caused by the cumulative effect of
obstructions in Floodplains causing increases in Flood
heights and velocities, and by the occupancy in Flood
hazard areas by uses vulnerable to Floods or hazardous to
other lands which are inadequately elevated, Flood-Proofed,
or otherwise unprotected from Flood damages.
.Sec. 2.
Intent and Purpose.
It is the purpose of this Ordinance to promote the public health,
safety and general welfare and to minimize public and private losses due
to Flood conditions in specific areas by provisions designed to:
restrict or prohibit uses which are dangerous to health,
safety and property due to water or erosion hazards, or
which result in damaging increases in erosion or in Flood
heights or velocities;
require that uses vulnerable to Floods, including facilities
which serve such uses, be protected against Flood damage
at the time of initial construction or Substantial Improvement;
control the alteration of natural Floodplains, stream
channels, and natural protective barriers which are involved
in the accommodation of Flood waters;
control filling, grading, dredging and other Development
which may increase erosion or Flood damage, and;
Ordinance No, 97-
Page 3
prevent or regulate the construction of Flood barriers which
will unnaturally divert Flood waters or which may increase
Flood hazards to other lands.
Sec. 3. Obiectives
The objectives of this Ordinance are:
A. to protect human life and health;
to minimize expenditure of public money for costly Flood
control projects;
to minimize the need for rescue and relief efforts associated
with Flooding and generally undertaken at the expense of
the general public;
D. to minimize prolonged business interruptions;
to minimize damage to public facilities and utilities such as
water and gas mains, electric, telephone and sewer lines,
street and bridges located in Floodplains;
to help maintain a stable tax base by providing for the sound
use and development of Flood Prone Areas in such a
manner as to minimize Flood blight areas;
to insure that potential home buyers are notified that
property is in a Flood area; and
to comply with the requirements of the National Flood
Insurance Program so as to ensure the availability of Flood
insurance for residents and property owners.
Sec. 4. Definitions.
In construing the provisions of this Ordinance, where the context will
permit and no definition is provided herein, the definitions provided in
Section 403, Florida Statutes, as may be amended from time to time, and
3
Ordinance No. 97-
Page 4
in the rules and regulations promulgated thereunder, as may be amended
from time to time, shall apply. The following words and phrases when
used in this Ordinance shall have the meanings ascribed to them in this
section.
A. Accessory Structure shall mean a non-habitable, garage, or
other Building or Structure on a lot or parcel subordinate to and not
forming an integral part of the main or principal Building but pertaining to
the use of the main Building.
B. Area of Special Flood Hazard shall mean the land in the
Floodplain within a community subject to a one percent or greater chance
of Flooding in any given year.
C. Base Flood Elevation means the elevation for which there is
a one percent chance in any given year that Flood levels will equal or
exceed it. The Base Flood Elevations are indicated on the City FIRM.
D. Base Flood shall mean a Flood having a one percent
chance of being equaled or exceeded in any given year.
E. Basement shall mean that portion of a Building having its
Floor subgrade (below ground level) on all sides.
F. Breakaway Wall shall mean any type of wall, whether solid
or lattice, and whether constructed of concrete, masonry, wood, metal,
plastic, or any other suitable building material, which is not a part of the
structural support of the Building and which is intended through design
and construction to collapse under specific lateral loading forces without
causing damage to the elevated portion of the Building or the supporting
foundation system or any other Building to which they might be carried by
Flood waters.
G. Building shall mean any Structure built for support, shelter
or enclosure for any occupancy or storage.
H. City shall mean the City of Aventura.
Ordinance No. 97-
Page 5
I. Coastal High Hazard Area shall mean an Area of Special
Flood Hazard extending from off-shore to the inland limit of a primary
frontal dune along an open coast and any other area subject to high
velocity waters caused by, but not limited to, hurricane wave wash. The
area is designated on a FIRM as Zone VI-30, VE or V.
J. Development or Development Activity shall mean any man-
made change to improved or unimproved real estate, including, but not
limited to, Buildings or other Structures, mining, dredging, filling, grading,
paving, excavating, drilling operations, or permanent storage of materials
or equipment.
K. Development Permit means any building permit, zoning
permit, subdivision approval, rezoning, recertification, special exception,
variance or any other official action of the City having the effect of
permitting the Development of land.
L Elevated Building means a non-basement building built to
have the Lowest Floor elevated above the ground level by means of fill,
solid foundation perimeter walls, pilings, columns (posts and piers) or
shear walls.
M. Flood or Flooding shall mean a general and temporary
condition of partial or complete inundation of normally dry land areas
from:
the overflow of streams, rivers, or other inland water;
or
(2)
abnormally high tidal water or rising coastal waters
resulting from severe storms, hurricanes or tsunamis;
or
(3) the unusual and rapid accumulation of run-off of
surface water from any source.
N. Flood-Plain or Flood-Prone Area means any land area
susceptible to being inundated by water from any source.
O. Floodprooflng shall mean any combination of structural and
nonstructural additions, changes, or adjustments (other than elevating) to
Structures which reduce or eliminate Flood damage to real estate or
5
Ordinance No. 97-
Page 6
improved real property, water supply and sanitary sewage facilities,
Structures, and their contents. Floodproofing includes by way of
illustration, not limitation, the following measures:
(1) Anchorage to resist flotation and lateral movement.
(2) Installation of watertight doors, bulkheads, and
shutters, or similar methods of construction to protect against winds, wave
action, or Flood waters.
(3) Reinforcement of walls to resist water pressures.
(4)
Use of paints, membranes, or mortars to reduce
seepage of water through walls.
(5)
Addition of mass or weight to Structures to resist
flotation.
(6) Installation of pumps to lower water levels in
Structures.
(7) Construction of water supply and waste water
treatment and disposal systems to prevent the
entrance or infiltration of Flood waters.
(8)
Construction to resist rupture or collapse caused by
water pressure or Flooding debris.
(9)
Installation of valves or controls of sanitary and storm
drains which will permit the drains to be closed to
prevent backup of sewage and storm waters into the
Buildings or Structures. Gravity draining of
Basements may be eliminated by mechanical
devices.
(10)
Locate all electrical equipment, circuits and installed
electrical appliances in a manner which will assure
they are not subject to Flooding and to provide
protection from inundation by the Base Flood.
Ordinance No. 97-
Page 7
(11)
Locate any Structure, storage facilities for chemicals,
explosives, buoyant materials, flammable liquids or
other toxic materials which could be hazardous to the
public health, safety, and welfare in a manner which
will assure that the facilities are situated at elevations
above the height associated with the regulatory
protection elevation or are adequately Floodproofed
to prevent flotation of storage containers, or damage
to storage containers which could result in the escape
of toxic materials into Flood waters.
P. Flood Hazard Boundary Map means an official map of the
City, issued prior to the FIRM by the Federal Emergency Management
Agency, where the boundaries of the Areas of Special Flood Hazard have
been identified.
Q. Flood Insurance Rate Map (FIRM) shall mean an official
map of a community, on which the Federal Emergency Management
Agency has delineated both the Areas of Special Flood Hazard and the
risk premium zones applicable to the community.
R. Flood Insurance Study shall mean the official report
provided by the Federal Emergency Management Agency (FEMA). The
report contains Flood profiles, as well as the water surface elevation of
the Base Flood.
S. Floor shall mean the top surface of an enclosed area in a
Building (including Basement), i.e., top of slab in concrete slab
construction or top of wood flooring in wood frame construction. The term
does not include the floor of a garage used solely for parking vehicles.
T. Functionally Dependent Structure shall mean a Structure
which cannot be used for its intended purpose unless it is located or
carried out in close proximity to water, such as a docking or port facility
necessary for the loading and unloading of cargo or passengers,
shipbuilding, ship repair, or seafood processing facilities. The term does
not include long-term storage, manufacture, sales, or service facilities.
U. Historic Building or Structure shall mean any Structure
Ordinance No. 97-
Page 8
that's:
(1)
Listed individually in the National Register of Historic
Places (a listing maintained by the Department of
Interior) or preliminarily determined by the Secretary
of the Interior as meeting the requirements for
individual listing on the National Register; or
(2)
Certified or preliminarily determined by the Secretary
of the Interior as contributing to the historical
significance of a registered historic district or a district
preliminarily determined by the Secretary to qualify as
a registered historic district; or
(3)
Individually listed on a state inventory of historic
places in states with historic preservation programs
which have been approved by the Secretary of the
Interior; or
(4)
Individually listed on a local inventory of historic
places in communities with historic preservation
programs that have been certified either:
a)
By an approved state program as determined
by the Secretary of the Interior, or
b)
Directly by the Secretary of the Interior in
states without approved programs.
V. Lowest Floor shall mean the lowest floor of the lowest
enclosed area (including Basement). An unfinished or Flood-resistant
enclosure, usable solely for parking of vehicles, building access or
storage in an area other than a Basement area, is not considered a
Building's Lowest Floor; provided that such enclosure is not built so as to
render the Structure in violation of the applicable non-elevation design
requirements of this Ordinance.
W. Mangrove Stand shall mean an assemblage of mangrove
trees which consist of one or more of the following species: black
mangrove (Avicennia Germinans); red mangrove (Rhizophora Mangle);
8
Ordinance No. 97-
Page 9
white mangrove (Languncularian Racemosa) and buttonwood
(Conocarpus Erecta).
X. Manufactured Home (trailer) shall mean a Structure,
transportable in one or more sections, which is built on a permanent
chassis and designed to be used with or without a permanent foundation
when connected to the required utilities. The term Manufactured Home
does not include a Recreational Vehicle; however, park trailers, travel
trailers, and similar transportable structures placed on a site for one
hundred eighty (180) consecutive days or longer shall be regulated as
Manufactured Homes.
Y. NGVD shall mean the sea-level datum now used for the
United States Coast and Geodetic Survey (now known as National
Ocean Survey) level net is officially known as the "Sea Level Datum of
1929," the year referring to the last general adjustment of the net. The
datum itself can be considered to be an adjustment based on the tide
observations taken at various tide stations along the costs of the United
States over a number of years.
Z. New Construction shall mean any Structure for which the
Start Of Construction commenced on or after the effective date of this
Ordinance. The term also includes any subsequent improvements to the
Structure. Start of Construction (for other than new construction or
substantial improvements under the Coastal Barrier Resources Act (P. L.
97-348)), includes Substantial Improvement, and means the date the
building permit was issued, provided the actual start of construction,
repair, reconstruction, or improvement was within 180 days of the permit
date. The actual start means the first placement of permanent
construction of a Building (including a Manufactured Home) on a site,
such as the pouring of slabs or footings, installation of piles, construction
of columns, or any work beyond the stage of excavation or the placement
of a Manufactured Home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading and filling; nor
does it include the installation of streets and/or walkways; nor does it
include excavation for a Basement, footings, piers or foundations or the
erection of temporary forms; nor does it include the installation on the
property of Accessory Structures, such as garages or sheds not occupied
as dwelling units or not part of the main Building. For a Substantial
Improvement, the actual start of construction means the first alteration of
Ordinance No. 97-
Page 10
any wall, ceiling, floor, or other structural part of a Building, whether or not
that alteration affects the external dimensions of the Building.
AA. New Manufactured Home Park or New Manufactured Home
Subdivision shall mean a Manufactured Home Park or Subdivision for
which the construction of facilities for servicing the lots on which the
Manufactured Homes are to be affixed (including at a minimum, the
installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads) is completed on or after the
effective date of this Ordinance.
BB. Recreational Vehicle shall mean a vehicle which is:
(1) built on a single chassis; and
(2)
400 square feet or less when measured at the largest
horizontal projection; and
(3)
designed to be self-propelled or permanently towable
by a light duty truck; and
(4)
designed primarily not for use as a permanent
dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
CC. Residential or Residence shall mean any lot, plot, parcel,
tract, area, piece of land or Building used exclusively for family dwelling
purposes or intended to be so used, including concomitant uses as
specified in the prevailing land development regulations of the City.
DD. Sand Dunes shall mean naturally occurring accumulations
of sand in ridges or mounds landward of the beach.
EE. Structure shall mean a walled and roofed Building that is
principally above ground, a Manufactured Home, a gas or liquid storage
tank, or other man-made facilities or infrastructures.
FF. Substantial Damage shall mean damage of any origin
sustained by a Structure whereby the cost of restoring the Structure to its
before damaged condition would equal or exceed 50 percent of the
10
Ordinance No. 97-
Page 11
market value of the Structure before the damage occurred.
GG. Substantial Improvement shall mean any combination of
additions, rehabilitation, reconstruction, alteration, or other improvements
to a Structure, taking place during a one (1) year period in the "A" zones
and a five (5) year period in the '~/" zones, in which the cumulative cost
equals or exceeds 50 percent of the market value of the Structure. The
market value of the Structure shall be the appraised value of the Structure
prior to the start of the initial work.
Substantial Improvement is considered to occur when the first
alteration of any wall, ceiling, floor, or other structural part of the Building
commences, whether or not that alteration affects the external dimensions
of the Structure. This term includes Structures which incur Substantial
Damage regardless of actual work performed. The term does not include
either:
(1)
Any project for improvement of a Structure required to
correct existing Violations of state or local health, sanitary,
or safety code specifications which have been identified by
the local code enforcement official and which are the
minimum necessary to assure safe living conditions; or
(2)
Any alteration of a Historic Structure, provided that the
alteration will not preclude the Structure's continued
designation as a Historic Structure for which a Variance has
been granted pursuant to this Ordinance; or
(3)
Repairs for damage from any origin which are determined to
be less than Substantial Damage.
HH. Variance is a grant of relief from the requirements of this
Ordinance which permits construction in a manner otherwise prohibited
by this Ordinance where specific enforcement would result in
unnecessary hardship.
II. Violation shall mean the failure of a Structure or other
Development to be fully compliant with the provisions of this Ordinance.
Sec. 5. General Provisions.
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Ordinance No. 97-
Page 12
Lands To Which This Ordinance Applies.
This Ordinance shall apply to all areas of the City.
Basis For Establishing The Areas of Special Flood Hazard.
The Areas of Special Flood Hazard identified by the Federal
Emergency Management Agency in its Flood Insurance Study and
Flood Insurance Rate Map, for Dade County, Florida dated March
2, 1994, with accompanying maps and other supporting data, and
any revision thereto, are adopted by reference and declared to be
a part of this Ordinance. All lands within the City are within an Area
of Special Flood Hazard.
Development Permits Required.
A Development Permit shall be required in conformance with the
provision of this Ordinance prior to the commencement of any
Development Activities.
Compliance.
No Development Activity shall occur without full compliance with
the terms of this Ordinance and other applicable regulations.
Abrogation and Greater Restrictions.
This Ordinance is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However,
where this Ordinance and another regulation, conflict, or overlap,
whichever imposes the more stringent restrictions shall prevail.
Interpretation.
In the interpretation and application of this Ordinance all provisions
shall be: (1) considered as minimum requirements; (2) liberally
construed in favor of the governing body, and; (3) deemed neither
to limit nor repeal any other powers granted under state statutes.
Ordinance No. 97-
Page 13
G. Warning and Disclaimer of Liability.
The degree of Flood protection required by this Ordinance is
considered reasonable for regulatory purposes and is based on
scientific and engineering consideration. Larger Floods can and
will occur on rare occasions. Flood heights may be increased by
man-made or natural causes. This Ordinance does not imply that
land outside the Areas of Special Flood Hazard or uses permitted
within such areas will be free from Flooding or Flood damages.
This Ordinance shall not create liability on the part of the City or by
any officer or employee thereof for any Flood damages that result
from reliance on this Ordinance or any administrative decision
lawfully made hereunder.
H. Penalties for Violation
Violation of the provisions of this Ordinance or failure to comply
with any of its requirements, including Violation of conditions and
safeguards established in connection with grants of a Variance
shall constitute a municipal ordinance violation. Any person who
violates this Ordinance or fails to comply with any of its
requirements shall, upon conviction thereof, be fined not more than
$500 or imprisoned for not more than 60 days, or both, and in
addition, shall pay all costs and expenses involved in the case.
Each day such Violation continues shall be considered a separate
offense. Nothing herein contained shall prevent the City from
taking such other lawful actions as are necessary to prevent or
remedy any Violation.
Sec. 6. Administration.
Designation of Local Administrator
The City Manager or his designee is hereby appointed to
administer and implement the provisions of this Ordinance.
Whenever the term City Manager is used in this Ordinance, it is
intended to include any designee.
B. Permit Procedures for Building Construction.
Ordinance No. 97-
Page 14
Application for a Development Permit for constructing or
Substantially Improving a Structure shall be made to the City
Manager on forms furnished by the City Manager's office prior to
any Development Activities, and may include, but not be limited to,
the following plans in duplicate drawn to scale showing the nature,
location, dimensions, and elevations of the area in question,
existing or proposed Structures, earthen fill, storage of materials or
equipment, drainage facilities, and the location of the foregoing.
Specifically, the following information is required:
(1) Application StaRe.
(a)
Elevation in relation to NGVD of the proposed Lowest
Floor, or the lowest surface of any heating or air
conditioning duct work installed below the Lowest
Floor, or the lowest horizontal supporting member in
a Coastal High Hazard Area (V-Zone), of all proposed
Buildings or Substantial Improvements;
(b)
Elevation in relation to NGVD to which any proposed
Building or Substantial Improvement, not located in a
Coastal High Hazard Area (V-zone), will be Flood-
Proofed;
(c)
Signed, sealed certificate, separate from the
submitted plans, from a registered professional
engineer or architect that the Flood-Proofed Building
will meet the Flood-Proofing criteria in this Ordinance;
(d)
Signed, sealed certificate, separate from the
submitted plans, from a registered professional
engineer or architect that a new or Substantially
Improved Building located in the Coastal High Hazard
Area (V-Zone) will meet the construction standards
contained in Sec. 7.C.;
(e)
Description of the extent to which any watercourse,
swamp, marsh, lake, or pond will be altered,
relocated, or created as result of proposed
construction, and;
14
Ordinance No. 97-
Page 15
(2)
(f)
Description of the type, extent, and depth of proposed
fill and the elevation in relation to NGVD of the top
surface of the fill, and;
(g)
Description of the type, extent, and depth of proposed
excavation in relation to NGVD;
(h)
Pict plan, to scale, illustrating the locations of all
proposed construction, fill, excavating, and other
aspects of the Development.
(i)
Copy of the proposed stormwater management report
and Floodplain study, if any, complete with technical
supporting data.
(j) Grading and drainage plans.
(k) Upon request, stormwater management plans.
_Construction Sta.ae.
certifications.
Floor elevation or Flood-Proofing
(a) Upon placement of the Lowest Floor, or, in the
Coastal High Hazard Areas (V-zones) upon
placement of the horizontal structural members of the
Lowest Floor, whichever is applicable, it shall be the
duty of the permit holder to submit to the City
Manager a certification of the elevation of the top of
the Lowest Floor, or the lowest surface of any heating
or air conditioning duct work installed below the
Lowest Floor, or the elevation of the lowest portion of
the horizontal structural members of the Lowest Floor,
whichever is applicable, as built, in relation to NGVD.
Said cedification shall be made on a FEMA Elevation
Certificate form No.81-31, or a form containing at
least the same information, and shall be prepared by
or under the direct supervision of a registered land
surveyor or professional engineer.
Ordinance No. 97-
Page 16
(b)
(c)
(d)
(e)
(f)
When Flood-Proofing is utilized for a Building, the
permit holder shall submit to the City Manager a
Flood-Proofing certification at the time the exterior
walls are completed to the required Flood-Proofed
elevation. Said certification shall be prepared by or
under the direct supervision of a professional
engineer or architect and certified by same, utilizing
the FEMA Floodproofing Certificate form No.81-65, or
the equivalent.
Any additional work undertaken prior to submission
and approval of the certification shall be at the permit
holder's risk.
The City Manager shall review the floor elevation
survey data or Flood-Proofing certification submitted.
Deficiencies detected by such review shall be
corrected by the permit holder immediately and prior
to further progressive work being permitted to
proceed. Acceptance of the flood-proofing
certification by the City Manager shall not relieve the
certifying professional of risk and/or liability for the
certification.
Failure to submit the elevation or Flood-Proofing
certifications or failure to make said corrections
required hereby, shall be cause to issue a stop-work
order for the project.
Prior to issuance of a certificate of occupancy for
New Construction or Substantial Improvement in the
Coastal High Hazard Area (V-Zones), the permit
holder shall submit a signed, sealed certificate,
separate from the submitted plans, from a registered
professional engineer or architect certifying that the
Building has been constructed in compliance with the
standards contained in Sec. 7.C. A certificate of
occupancy will not be issued until this certification
has been received and accepted by the City
Manager.
Ordinance No. 97-
Page 17
Duties and Responsibilities of the Local Administrator
Duties of the City Manager, as the local administrator of this
Ordinance, shall include, but not be limited to:
(1)
Review all applications for Development Permits to assure
that the permit requirements of this Ordinance have been
satisfied;
(2)
Advise permittees that additional federal or state permits
may be required, and if specific federal or state permit
requirements are known, require that copies of such permits
be provided and maintained on file with the Development
Permit.
(3)
Verify and record the actual elevation (in relation to NGVD)
of the Lowest Floor of all new or Substantially Improved
Buildings, in accordance with Sec. 7.B(1).
(4)
Verify and record the actual elevation (in relation to NGVD)
to which the new or Substantially Improved Buildings have
been elevated or Flood-Proofed, in accordance with Sec.
7.B(2).
(5)
In Coastal High Hazard Areas, requiring permittees to
provide certification from a registered professional engineer
or architect that the Building is designed and securely
anchored to adequately anchored pilings or columns in
order to withstand velocity waters and hurricane wave wash,
in compliance with Sec. 7.C(2)(3)(4).
(6)
In Coastal High Hazard Areas, the City Manager shall
review plans for adequacy of Breakaway Walls in
accordance with Sec. 7.C(8), (9) and (10).
(7)
When Flood-Proofing is utilized for a particular Building, the
City Manager shall obtain certification from a registered
professional engineer or architect, in accordance with this
Ordinance.
Ordinance No. 97-
Page 18
(8)
(9)
The office of the City Manager shall serve as the official map
repository for FEMA Flood Insurance Rate Maps, Flood
Boundary and Floodway Maps (if applicable), and Flood
Hazard Boundary Maps for the community, together with
Letters of Map Amendment (LOMAs) and Letters of Map
Revision (LOMRs). At least one copy of all current and
superseded maps, LOMAs and LOMRs shall be maintained
for public use and viewing.
All records pertaining to the provisions of this Ordinance
shall be maintained in the office of the City Manager and
shall be open for public inspection. Copies of all
Development Permits and summary supporting
documentation shall be filed by geographic area for ease of
coordinating all Floodplain Development Activities.
Sec. 7
Provisions for Flood Hazard Reductionl
General Standards.
In all Areas of Special Flood Hazard the following provisions are
required:
(1) New Construction and Substantial Improvements shall be
anchored to prevent flotation, collapse or lateral movement
of the Structure;
(2)
Manufactured Homes shall be anchored to prevent flotation,
collapse, or lateral movement. Methods of anchoring may
include, but are not limited to, use of over-the-top or frame
ties to ground anchors. This standard shall be in addition to
and consistent with applicable state requirements for
resisting wind forces.
(3)
New Construction and Substantial Improvements shall be
constructed with materials and utility equipment resistant to
Flood damage;
(4) New Construction or Substantial Improvements shall be
Ordinance No. 97-
Page 19
constructed by methods and practices that minimize Flood
damage;
(5)
Electrical, heating, ventilation, plumbing, air conditioning
equipment, including duct work, and other service facilities
shall be designed and/or located so as to prevent water from
entering or accumulating within the components during
conditions of Flooding.
(6)
New and replacement water supply systems shall be
designed to minimize or eliminate infiltration of Flood waters
into the system;
(7)
New and replacement sanitary sewage systems shall be
designed to minimize or eliminate infiltration of Flood waters
into the systems and discharges from the systems into Flood
waters;
(8)
On-site waste disposal systems shall be located and
constructed to avoid impairment to them or contamination
from them during Flooding;
(9)
Any alteration, repair, reconstruction or improvement to a
Building which is in compliance with the provisions of this
Ordinance, shall meet the requirements of New Construction
as contained in this Ordinance.
(10) Adequate drainage paths shall be provided around
Structures to guide stormwater runoff away from them;
(11)
Any improvements made to new or Substantially Improved
Buildings for which permits were issued on or after the
effective date of this Ordinance shall conform to the
requirements for New Construction under this Ordinance.
(12)
Functionally Dependent Structures and any improvements to
Historic Buildings may be exempted from one or all of the
standards contained in this Ordinance, provided the request
for an exemption is approved as a Variance, as provided in
this Ordinance, and with regard to Historic Buildings the
19
Ordinance No. 97-
Page 20
proposed improvements are certified by a certified local
government or the State Historic Preservation Officer as
maintaining the historical integrity and classification of the
Building.
B. Specific Standards for A-zone Flood Hazard Areas.
In all Areas of Special Flood Hazard, areas denoted with an "A" prefix on
the FIRM where Base Flood Elevation data have been provided, as set
forth in Sec. 5.B, the following provisions are required, in addition to the
general standards of Sec. 7.A.
(1)
Residential Construction. New Construction or Substantial
Improvement of any Residential Building (or Manufactured
Home) shall have the Lowest Floor, together with all
mechanical and electrical equipment, including duct work,
and including any basement, elevated no lower than the
Base Flood Elevation . Should solid foundation perimeter
walls be used to elevate a Structure, openings sufficient to
facilitate the unimpeded movements of Flood waters shall be
provided in accordance with standards of Sec. 7.B(3). The
floor of an attached garage may be placed below the Base
Flood Elevation, provided the openings required in Sec.
7.B(3) are installed and all mechanical and electrical
equipment, including laundry facilities and food freezers, are
elevated above the Base Flood Elevation.
(2)
Non-Residential Construction. New Construction or
Substantial Improvement of any commercial, industrial, or
non-residential Building shall have the Lowest Floor,
together with all mechanical and electrical equipment,
including duct work, and including any Basement, elevated
no lower than the Base Flood Elevation. The floor of an
attached garage or loading dock may be placed below the
Base Flood Elevation, provided the openings required in
Sec. 7.B(3) are installed and all mechanical and electrical
equipment are elevated above the Base Flood Elevation.
Buildings may be Flood-Proofed to an elevation one foot
above the required Base Flood Elevation noted above, in
lieu of being elevated, provided that all areas of the Building
2O
Ordinance No. 97-
Page 21
below the required elevation are water tight with walls
substantially impermeable to the passage of water, and use
structural components having the capability of resisting
hydrostatic and hydrodynamic loads and the effect of
buoyancy. A registered professional engineer or architect
shall certify that the standards of this subsection are
satisfied. Such certification shall be provided to the official
as set forth in Sec. 6.C(4).
(3)
Elevated Buildings. New Construction or Substantial
Improvements of Elevated Buildings that include fully
enclosed areas formed by foundation and other exterior
walls below the Base Flood Elevation shall be designed to
preclude finished living space and shall be designed to
allow for the entry and exit of floodwaters to automatically
equalize hydrostatic Flood forces on exterior walls.
(a)
Designs for complying with this requirement must
either be certified by a professional engineer or
architect or meet the following minimum criteria:
Provide a minimum of two openings (in walls or
doors) having a total net area of not less than
one square inch for every square foot of
enclosed area subject to Flooding;
(ii) The bottom of all openings shall be no higher
than one foot above grade; and,
Openings may be equipped with screens,
louvers, valves or other coverings or devices
provided they permit the automatic flow of
floodwaters in both directions.
(b)
Access to the enclosed area shall be the minimum
necessary to allow for parking of vehicles (garage
door) or limited storage of maintenance equipment
used in connection with the premises (standard
exterior door) or entry to the living area (stairway or
elevator); and
Ordinance No. 97-
Page 22
(4)
(5)
(c)
The interior portion of such enclosed area shall not
be partitioned or finished into separate rooms.
(d)
Use of such enclosed areas shall be limited to
parking, storage, and Building access.
Manufactured Homes and Recreational Vehicles.
(a)
All Manufactured Homes placed within the City must
meet all the requirements for New Residential
Construction contained in this Ordinance, including
installation on permanent foundation systems,
elevation, and anchoring. At minimum, a permanent
foundation system shall constitute reinforced piers
placed on poured footings, or other foundation
elements of equivalent strength. Any additions to
Manufactured Homes subject to provisions of this
subsection shall also be considered New
Construction and must therefore comply with the
requirements of this Ordinance, including elevation
requirements.
(b) All Recreational Vehicles placed on sites must either:
(i)
(ii)
Be fully licensed and ready for highway use, or
The Recreational Vehicle must meet all the
requirements for New Construction, including
anchoring and elevation requirements of this
Ordinance.
A Recreational Vehicle is ready for highway use if it is on its
wheels or jacking system, is attached to the site only by
quick disconnect type utilities and security devices and has
no permanently attached Structures.
Accessory Structures. Accessory Structures may be
exempted from the elevation requirement of Sec. 7.B,
provided the following criteria are met:
22
Ordinance No. 97-
Page 23
(a)
The Structure is not used for human habitation,
including occupancy as a workplace for extended
periods of time;
(b)
The Structure is designed and constructed so as to
have a Iow potential for damage during a Flood (eg.
using flood resistant materials as provided in FEMA
Technical Bulletin #88-2, and any subsequent
revisions thereto);
(c)
The Structure shall be located so as to offer the
minimum resistance to the flow of floodwaters (eg.
parallel to a stream, perpendicular to the ocean);
(d)
The Structure is firmly anchored to prevent flotation,
per Sec. 7.A(1);
(e)
All electrical service, heating/cooling equipment, and
other mechanical or electrical equipment is either
elevated above the Base Flood Elevation, or is
Floodproofed. One ground-fault interrupt circuit may
be installed below the Base Flood Elevation, and all
construction below that elevation shall be of flood-
resistant materials.
(6)
Temporary Structures. Certain types of structures (eg. fruit
stands, construction site offices) may be sited temporarily on
property without having to comply with the General
Standards of Sec. 7.A, or the elevation standard of Sec. 7.B,
provided the following criteria are met:
(a)
The Structure is mobile, or can be made so, and is
capable of being removed from the site with a
minimum of thirty-six (36) hours warning.
(b)
(c)
The Structure does not have an approval to remain
on the property for more than 180 days.
The applicant submits a plan for the removal of the
Structure, containing the following documentation:
23
Ordinance No. 97-
Page 24
(i) The name, address, phone number and
emergency contact point of the individual
responsible for the removal of the Structure.
(ii) The time at which the Structure will be
removed (ie. a minimum of 72 hours in
advance of the projected landfall of a
hurricane).
(iii) A copy of a contract or other suitable instrument with
a trucking company to ensure the availability of
removal of the Structure when needed,
together with the name, address, and
emergency phone number of the responsible
trucking company agent.
(iv) Designation, accompanied by documentation
(eg. signed consent of the property owner), of
a site outside the City to which the Structure
will be moved.
(v) Signatures of the applicant, property owner on
which the Structure will be placed, and owner
of the Structure, agreeing to abide by the
terms of the removal plan.
A temporary development permit shall be issued when a
temporary Structure is approved, and the expiration date
shall be clearly marked on the face of the permit. The
original copy of the removal plan shall be attached to the
permit, and the documentation shall be kept on file in the
City Manager's office. A copy of the permit, together with
the removal plan, shall be provided by the owner to the local
emergency management coordinator.
Standards for Coastal High Hazard Areas (V Zones).
Located within the Areas of Special Flood Hazard are areas
designated as Coastal High Hazard Areas, which are denoted with
a "V" prefix on the FIRM. These areas, called "velocity zones",
have special Flood hazards associated with wave action, therefore,
the following provisions shall apply:
Ordinance No. 97-
Page 25
(1)
(2)
(3)
(4)
(5)
Building location. All Building shall be located in
conformance with the requirements of the State of Florida
Coastal Zone Protection Act of 1985.
Elevated Buildings. All Buildings shall be elevated so that
the bottom of the lowest supporting horizontal member
(excluding pilings or columns), together with all mechanical
and electrical equipment, including duct work, is located no
lower than the Base Flood Elevation, with all space below
the lowest supporting member open so as not to impede the
flow of water. Open lattice work or decorative screening
may be permitted for aesthetic purposes only and must be
designed to wash away in the event of abnormal wave
action and in accordance with Sec. 7.C(8);
Piling or column foundations. All Buildings or Structures
shall be securely anchored on pilings or columns extending
vertically below grade a sufficient depth below the zone of
potential scour and securely anchored to subsoil strata;
Anchoring and connection requirements. All pile and
column foundations and Structures attached thereto shall be
anchored to resist flotation, collapse, and lateral movement
due to the effect of wind and water loads acting
simultaneously on all Building components. Proper
structural anchoring shall include a complete system of
adequately-sized, galvanized metal connectors securely
fastening the various structural subsystems of the Building
together, from the roofing and ridge down to the pilings, to
resist wind damage. Water loading values shall equal or
exceed the Base Flood. Wind loading values shall be in
accordance with the South Florida Building Code, and any
subsequent revisions thereto.
Certification of design. At time of application for a permit, a
registered professional engineer or architect shall certify
that the design, specifications and plans for construction are
in compliance with the provisions contained in Sec. 7.C(2),
(3) and (4) of this Ordinance, and shall cite the parameters
25
Ordinance No. 97-
Page 26
and variables used in developing the design, including wind
loading values, water loading values, depth of potential
scour zone, and subsoil strata characteristics.
(6)
Ban on use of structural fill. There shall be no fill used as
structural support. Limited non-compacted fill may be used
around the perimeter of a Building for landscaping/aesthetic
purposes provided the fill will wash out from storm surge,
(thereby rendering the Building free of obstruction) prior to
generating excessive loading forces, ramping effects, or
wave deflection. The City Manager shall approve design
plans for landscaping/aesthetic fill only after the applicant
has provided an analysis by an engineer, architect, and/or
soil scientist, which demonstrates that the following factors
have been fully considered:
(a)
Particle composition of fill material does not have a
tendency for excessive natural compaction;
(b)
Volume and distribution of fill will not cause wave
defection to adjacent properties; and
(c) Slope of fill will not cause wave run-up or ramping.
(7)
Protection of Sand Dunes and Mangrove Stands. There
shall be no alteration of Sand Dunes or Mangrove Stands
which would increase potential Flood damage.
(8)
Enclosures below Base Flood Elevation. Lattice work or
decorative screening shall be allowed below the Base Flood
Elevation provided they are not part of the structural support
of the Building and are designed so as to breakaway, under
abnormally high tides or wave action, without damage to the
structural integrity of the Building on which they are to be
used. Solid, non-supporting, Breakaway Walls may also be
used, but only for purposes of enclosing and securing
access to upper floors (foyer for staircase or elevator) and
for secured storage and vehicle parking, The solid
Breakaway Walls shall have a safe design loading
resistance of not less than ten (10) and not more than
Ordinance No. 97-
Page 27
twenty (20) pounds per square foot.
(9)
Use of enclosed areas. If aesthetic lattice work or screening
is utilized, such enclosed space shall not be designed to be
used for human habitation, but shall be designed to be used
only for parking of vehicles, Building access, or limited
storage of maintenance equipment used in connection with
the premises. Areas enclosed by solid, Breakaway Walls
shall be used for Building access parking and secured
storage only.
(10)
Plans for enclosures. Prior to construction, plans for any
Buildings that will have lattice work or decorative screening,
or solid, Breakaway Walls must be submitted to the City
Manager for approval, and must comply with the standard
noted in Sec. 7.C(8). Certification by a registered architect
or engineer is required for any Breakaway Wall designs
which do not comply with said standard. Such designs must
be certified to collapse as a result of a water loads less than
that which would occur during the Base Flood, and to not
result in the displacement, collapse, or other structural
damage to the rest of the Building and foundation system or
to adjoining Structures. Water and wind loading values shall
be those set forth in Sec. 7.C(4) above.
(11)
Restriction on future enclosures. Any alteration, repair,
reconstruction or improvement to a Structure shall not
enclose the space below the Lowest Floor except as
provided for in Sec. 7.C(8)(9).
(12)
Manufactured Homes. No Manufactured Homes or
Recreational Vehicles may be placed in Coastal High
Hazard Areas.
(13)
Certification of completed construction. Upon completion of
the Structure or Substantial Improvement, a registered
professional engineer or architect shall certify that the
building was constructed are in compliance with the
provisions contained in Sec. 7.C of this Ordinance, including
the approved, certified design specifications provided per
2'7
Ordinance No. 97-
Page 28
Sec. 7.C(5).
(14) Accessory Structures. Accessory Structures shall be
allowed per Sec. 7.B(5), subject to the following criteria:
(a)
the Structure is located so as not to cause collapse,
displacement, or other structural damage to adjacent
primary Structures during a Base Flood event;
(b)
the Structure is designed to not provide resistance to
the combined effects of wave action and wind during
a Base Flood event, and to break down into small
enough pieces so that the resultant debris does not
create a serious danger to adjacent primary
Structures (the safe design loading of the walls shall
be not less than 10 and no more than 20 lbs per
square foot); and
(c)
the design of the Building is certified by a registered
professional engineer or architect to comply with said
standards.
(15) Temporary structures. Temporary structures shall be
permitted per Sec. 7.B(6).
D. Standards for Subdivision Proposals.
(1)
All subdivision proposals shall be consistent with the need
to minimize Flood damage;
(2)
All subdivision proposals shall have public utilities and
facilities such as sewer, gas, electrical and water systems
located and constructed to minimize Flood damage;
(3)
(4)
All subdivision proposals shall have adequate drainage
provided to reduce exposure to Flood hazards, and;
Base Flood Elevation and Flood hazard area mapping shall
be provided in accordance with this Ordinance for
subdivision proposals and other proposed development
28
Ordinance No. 97-
Page 29
which is greater than the lesser of fifty lots or five acres.
(5)
The Base Flood boundary, floodway and/or V-zone
boundary if applicable, and the applicable Base Flood
Elevation for the Building site on each lot shall be clearly
marked on all recorded subdivision plats, be they for
residential, commercial, or industrial use.
Sec. 8. Variances.
A. The City Council shall hear and decide requests for
Variances from the requirements of this Ordinance.
Any person aggrieved by the decision of the City Council
may appeal such decision to the Circuit Court, as provided
in the Florida Rules of Appellate Procedure.
Variances may be issued for the repair or rehabilitation of
Historic Structures upon a determination that the proposed
repair or rehabilitation will not preclude the Structure's
continued designation as a Historic Structure and the
variance is the minimum to preserve the historic character
and design of the Structure,
In passing upon such requests, the City Council shall
consider all technical evaluations, all relevant factors, all
standards specified in other sections of this Ordinance, and:
(1)
the danger that materials may be swept onto other
lands to the injury of others;
(2)
the danger to life and property due to Flooding or
erosion damage;
(3)
the susceptibility of the proposed facility and its
contents to Flood damage and the effect of such
damage on the individual owner;
(4) the importance of the services provided by the
proposed facility to the community;
29
Ordinance No. 97-
Page 30
(5)
(6)
(7)
(8)
(9)
(lO)
the necessity of the facility to a waterfront location, in
the case of a functionally dependent facility;
the availability of alternative locations, not subject to
Flooding or erosion damage, for the proposed use;
the compatibility of the proposed use with existing
and anticipated Development;
the relationship of the proposed use to the
comprehensive plan and floodplain management
program for that area;
the safety of access to the property in times of Flood
for ordinary and emergency vehicles;
the expected heights, velocity, duration, rate of rise
and sediment transport of the Flood waters and the
effects of wave action, if applicable, expected at the
site, and;
the costs of providing governmental services during
and after Flood conditions including maintenance and
repair of public utilities and facilities such as sewer,
gas, electrical, and water systems, and streets and
bridges.
Upon consideration of the factors listed above, and the
purposes of this Ordinance, the City Council may attach
such conditions to the granting of variances as it deems
necessary to further the purposes of this Ordinance.
Conditions for Variances:
Variances shall only be issued upon a determination
that the Variance is the minimum necessary,
considering the Flood hazard, to afford relief; and in
the instance of a Historical Building, a determination
that the Variance is the minimum necessary so as not
3O
Ordinance No. 97-
Page 31
to destroy the historic character and design of the
Building;
(2)
Variances shall only be issued upon:
(i) a showing of good and sufficient cause, (ii) a
determination that failure to grant the Variance would
result in exceptional hardship, and; (iii) a
determination that the granting of a variance will not
result in increased Flood heights, additional threats to
public safety, extraordinary public expense, create
nuisance, cause fraud on or victimization of the
public, or conflict with existing local laws or
Ordinances.
(3)
Any applicant to whom a Variance is granted shall be
given written notice specifying the difference between
the Base Flood Elevation and the elevation to which
the Building is to be built and stating that the cost of
flood insurance will be commensurate with the
increased risk resulting from the reduced Lowest
Floor elevation.
(4)
The City Manager shall maintain the records of all
Variances and report any variances to the Federal
Emergency Management Agency upon request.
.Sec. 9.
A. The
Administrative Appeals.
City Council shall hear and decide appeals when it is
alleged there is an error in any requirement, decision or
determination made by the City Manager in the
administration of this Ordinance.
Any person aggrieved by the decision of the City Council
may appeal such decision to the Circuit Court, as provided
in the Florida Rules of Appellate Procedure.
The City Manager shall maintain the records of all appeal
actions under this section,
31
Ordinance No. 97-
Page 32
Section 2. Repeal of Conflictinc~ Provisions. All provisions of the Code of
Metropolitan Dade County as made applicable to the City by Article VIII, Section 8.03 of
the City Charter which are in conflict with this Ordinance are hereby repealed.
Section 3. Severabilitv. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. It is the intention of the Council and it is
hereby ordained that the provisions of this Ordinance shall become and be made a part
of the City of Aventura Code; that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "Ordinance" shall be
changed to "Section" or other appropriate word.
Section 5. Effective Date. This Ordinance shall become effective
immediately upon adoption on second reading.
The foregoing Ordinance was offered by Councilmember Beskin, who moved its
adoption on first reading. This motion was seconded by Councilmember Berger, and
upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
yes
Ordinance No. 97-
Page 33
Councilmember Jay R. Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Patricia Rogers-Libert yes
Vice Mayor Jeffrey M. Perlow yes
Mayor Arthur I. Snyder absent
The foregoing Ordinance was offered by Councilmember
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 Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 1't day of July, 1997,
PASSED AND ADOPTED on second reading this 5th day of August, 1997.
Attest:
Arthur I. Snyder, Mayor
Teresa M. Smith, CMC, City Clerk
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
City Attorney
33
OFFIC~ OF 11.1E ClIY COUNCIL
Date:
Subject:
Eric Soroka
City Manager ,
Patricia Rogers-Li~
Councilwoman
Wednesday~ Jt~ly 02, 1997
Resolutions supporting WAGES Initiative
At the Dade ~eague of Cities meeting of July 2nd, Commission Peaflson requested that each city pass a
resolution in support of the above mayoral initiative. I am requesting that you place a resolution sup-
porting this initiative on the agenda for our August Council meeting, under my sponsorship,
I have requested that Russ Marchner fax a copy of the County resolution to us as a sample.
Please let me know if there are any problems or issues with this.
Thank you.
c: Mayor & Council members
Richard Weiss, City Attorney
Teresa Smith, City Clerk
FAX COVER
To: Teresa Smith
Company:
Fax Number' 466-8919
Subject'
From: Patricia Rogers-Libert
Company: PRL
Fax Number' (305) 935-2170
Pages including cover page: 7
Date: 7/17/97
Time: 3:52:24 PM
MESSAGE
Attached please find the white paper on Welfare Reform, as prepared by Mas'or Penelas.
This should be included ~dth the resolution in support of the WAGES Coalition. I ~ of course~ be prepared to discuss it at the
meeting of August 5th.
Ihanks~
PRL
WlnFax PEO Cover Page
07/17/07 THU 15:33 FAX 30SS753618 lfAYOR ALEX PENELAS ~003
Welfare Reform in Dade County
White Paper
by
· Mayor Alex Penelas
Welfaro Reform Bnek_~round
On August 22, 1996, sweeping chang~ to America's sixty year.old welfare system became law
as Presideat Clinton signed thc "Pm'sonai Responsibility and Work Opportunity ReconciLiation
Act of 1996." This new law creates many challenges for states and localities. No longer will
Federal government guarantee a minimum level of income for the poor. Instead, individuals will
be x~luired to obtain e~nployment or vocational training within two years. Part of this new
reform includes: (1) cost shifts from federal pro~ntms to state and local programs; (2) potential
loss of Medicaid benefits for thc elderly; (3) immigrant ineligibility for Supplemental Security
Income (SSI) and; (4) new verification programs for many benefit pro~as.
In response to the new federal policy, welfare reform for dependent children and families was
implemented in Florida on October 1, 1996 under the t/fie of"Work and Gain Economic Self
Sufficiency" (WAGES) Program. According to sh~te mandate, benefits are no longer an
"eat'~oment" paid to families with children on the basis of financial need. Instead, the WAGES
program requires that recipients work in exchanse for government support and benefits. Within
a two year period, a weffare recipient must be employed and them are limited exceptions to this
requirement. If not employed, a welfare recipient must be in some form of vocational training or
education program. At the end of year 'cwo, welfare recipients will be expected to achieve
eclf-sufficiency and cash assistance will end.
Loc~! W*lfare Governance
Dadc County's challenge is two fold: (I) to develop a local welfare reform governance structure
that meets th~ unique needs of Dade's public, private and social service sectors and (2) to
develop a s~at¢gy to successfully implement welfare reform, primarily fi~ongh the creation of
more jobs.
In accordance with federal law, on October 6, 1996, Oovemor Lavaon Chiles appointed the State
WAGES Board. This fifteen member board is charged with creating and chartering local
WAGES coalitions to plan and coordinate the delivery of services under the WA~3ES coalition
pro,nuns. Thc boundaries of the service area for the local coalition must conform with the
boundaries of the service area for the Jobs and Education partnership. (Dade/Monroe County).
From: Patdela Rege~-Llbeff TO: Teresa Smith Date: 7/17/97 Time: 3:52:/*0 PM Page 4 et 7 7/17/97 3:52:40 PM
07/17/97 Tli~ 15:35 FAX 3053?5363.8
Bach local WAGES coalition must havc a minimum of 11 members, of which at leest one-half
must be from the local business community. All members shall be appointed to 3 year terms,
The statistics for Dade County arc simply staggering. According to the Florida Department of
Children and Families:
Dare County's We]fare case load comprises approximately 25% oftbe state total.
Miami, Dade's signature city, is the fourth poorest city in the nation.
25% of Dade's children live below the poverty linc.
137,967 Adults and children in Dade and Monroe Counties are rccipi~u~ of welfare. 41,390
are adults.
68% of these recipients are between the a~es of 22 and 39.
Of this adult population 52% are Black, 42% are Hispanic end the remaining 5% comprise
other demographics,
37,250 single parents (mostly women) must find employment or be placed in community
service or work experience positions. 90,000 children live in these households.
80,000 Dade and Monroe County residents, who are not public assistance recipients are
unemployed.
Enterprise Florida projects that 15,210 jobs will be created next yesr. This would place Dade
at No, 23 out of 24 re~ions in the ratio of eanual job grovah.
120,000 non-citizens, legal residents may be excluded from participadon in the Food Stamp
program. This would deplete $128,000,000 from Dade'5 economy each year.
70,000 non.citizem, le$al residents may be excluded from receiving Supplemental Securily
Insurencc (SSI) cash assistance, This would deplete $413,250,000 fi'om Dade's economy each
year. 89% of these individuals are over ~ abe of sixty-five.
The greatest economic impact is likcly to occur in our most economically depressed
nei/hborhoods, where the loss of public benefit income is currently beln8 felt, due to cutbacks in
disability payments, loss of benefits to immi~rellts end chailges ill benefit level calculations.
Pursuant to stata law, Dade County must charier a coalition to direct thc effort to develop
e~nployment for the nearly 40,000 welfare recipients. There arc five coalition models, with
certain requirements rcsarding membership, that may be adopted, The Charier application must
be submitted to thc State no later than Jenuary 15, 1997, f~r action by the State WAGES Bom'd
of Directors at its Fetnuary meeting. If no consensus is reached on formation of thc committcc
the state board will ultimately decide. Two coalition models have been pmpuscd: (I} expending
the current 61 -member JEP Board by adding an additional 16-17 members end having the
expanded ~P Board serve as the local WAGES Coalition and; (2) creating a saparatc WAGES
Coalition of approximately 33-35 members, with si~nificent participation of meny of the Top 40
Dadc County employers.
It is essential thai a true alliance is formed belween the public and private sectors before movinS
forward with welfare reform. After ~wo public hearings and several meetin~ with members of
the public and private sector, it bceamc clear to mc that a community consensus had not been
07/17/07 THU 15;&4 FAX 3053753618 HAYOR ALEX PENELAS ~005
reached regarding the WA~ES govcrnsnce issue. Thai is why I proposed to creaIe a separate
WA~BS Coalition. My decision to propose a separate WAOB$ Coalition was made aftcr
serious deliberation and contcmplafion. Although tho time to submit tho WAGES Coalition
applicsiion is upon us, Dadc and Monroe Counties can obtain a walvc~ and time c~emion from
thc statc to allow us to reach a conscnsus on thc governance structure. Thc boi~om lino is that
without commilied private sector participation, we will fail to successfully meet this challenge
and, as a result, we will fail our community. I cannot sloss enough the dire rsmifications for our
community if we do not facc this new cra of reduced time and limitcd public assistance with a
sorions commiiment of the public end private sectors.
The current wclfare reform govern__~nce issues are very similar to the issues that Dado County
faced regardin8 atmcturing a response to homeleseness. Reviewing the structure of the Homeless
Trust might provide some clarity on this issue.
The Hom~lms TI*est Model
On May 18, 1993, tho Dado County Commission created a Task Force on Homelessness and
chargcd i~ with developing a plan. The resulting Dado County Community Homeless Plan served
as the blueprint for implemenfin$ pmsrams to be funded fi, om the proceeds of the 1% food and
boverage tax and would also scrve as the basis for other available dollars for homeless prosrams
such as Fedel~al, State end Municipal 8rants end other public and private '~latching ' funds.
Thc plan also called for the creation of a governing body, a "Trust," to oversee the use of the
portion of the food end bcvcrag¢ tax dedicated to the homeless programs and to ensure that tho
proceeds arc uscd in a manner which will provide the greatest benefit to homeless persons and
the community as a whole.
The Board was composed of twenty-seven voting membcrs representative of the County's
ethnic, racial and gcndcr mix. Thc membership included:
Representatives from thc civic and busmass community;
A representative from thc judicial sector,
Neisl~borhood representation from the arcs most affected by thc first homeless assistencc
center,
. A representative from the Dadc Lc. ague of Cities;
Representatives from thc homeless providers Folmn;
Homeless advocates; end
Formerly homelcss persons.
This true community parmerahip of the public end private sector has proven eff~ive in order to
address pressing social issue for the benefit of the enllre community. Social service providers,
corporate executives, formerly homeless people and government admirgsh~ors were able to sit
at the same ~able and accomplish a great deal. As of December 31, 1996, the Homeless Tru~ has
assisted 3,350 homclass persons, out-placed 1,680 and is scheduled by October 1997 to complete
From: Patrlda Roger~-Llbe~ TO: Teresa Smith Date: 7/17/g7 Time: 3:52:40 PM Page 7 of 7 7/17/97 3:52:40 PM
07/l?/S7 THU 15:37 FAX 30S3753818 IfA¥OR ALEX PENELAS [~00S
Dado's second homeless assistance center in South Dada. Because of its accomplishments, the
Homeless Trust has become a model for homeless governance around thc counlry.
In addressin~ welfare reform, many of the same issues ~hat arose durin~ the development of the
Dada County Homeless Trust have afisea, such es:
How to form a board that addresses public sector concmms and encouragcs private sector
involvement?
. How to address conflict of interest issues when merubers of the board will be pmvidars of
services which will be direct recipkmts of flmds distributed by that same board?
How do we provide a forum where consumer interests are properly voiced and not lost in a
malaise ofbureau~acy?
How do we create a Board large enouffh to provide equal mprosentation but is [osistically
menageeblc?
Based upon tho simile, dries and ~ivea the outstandin$ success end national recognition of thc
Dada Count7 Con.nutty Homeless Plan, ! firmly believe that the Homeless Trust model is an
excellent ~amcwork witt~ wlfich to address welt'arc reform in Dede Conn.,
A~ Mayor, but more imponsntly as a resident, it is extremely important to mc that the local
WAGES coelirion not become another "vanity hoard" or simply another entry on a resume. The
WAGES Sovcrnence issue is thc tim of many that we e~ a community will face reSarding
wel£ar¢ reform. £ach step in this process must be ce~ef~lly contemptated, in order for welfare
reform not to have la.nS negative effects on Dado County for decade~ to como,
We must be able to eavis[on the long ranSe clots of our present day decision~. How Dede
County ~Ire~s w¢l£ere rdom~ will not end with thc Sovernanc¢ issue. To the conu'ary,
· ' end our sct~ons will have a lasting impact
selecting a 8ovumance structure is only thc bc~nms
on how relatcd issues such as immisration and economic developmeat are addressed in Dado
County,
It is clear that th~ Dado County's welfare reform equation is simple:
· he Public sector 4- the Private sector ,' successfu! welfare reform.
The two variables are not mutually exclusive. Bach serves i~s own distinct and important purpose
in tho formula. This equation can only be made complex by unwiIlininess to compromise and
coopc~ate. I am committed to working as a conduit to solf-empowennant and seN-sufficiency for
Dado County's welfare reelpieata. In order to achieve this, thc private sector cannot act simply
as an administrative rusk force that repons to an executive board. The private sector must have a
substautial position which, at the least, must equal the public sector position.
In closing, i~ is my intent to be a link between the public sector and the private sector to develop
a true community consensus that will result in jobs, jobs and more jobs,
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA ENDORSING METROPOLITAN
DADE COUNTY'S WAGES COALITION; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, a national program has been implemented for welfare reform which
will encourage welfare recipients to acquire new marketplace skills; and
WHEREAS, the Dade/Monroe WAGES coalition has been formed to create
private/public partnerships to encourage implementation of private sector jobs; and
WHEREAS, the City Council of the City of Aventura wishes to extend its support
to Metropolitan Dade County in its efforts on behalf of this organization.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. The City Council hereby extends its support to the WAGES
coalition and joins Metropolitan Dade County in its efforts to develop programs and
set the tone for economic development opportunities
opportunities which will
throughout Dade County.
Section 2. This Resolution shall become effective immediately
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:
Councilmember Arthur Berger
upon its
Resolution No.
Page 2
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Patricia Rogers-Libert
Vice Mayor Jeffrey M. Pedow
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 5th day of August, 1997.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA ENDORSING THE CANDIDACY
OF NORTH MIAMI BEACH VICE MAYOR JOHN
KURZMAN FOR THE POSITION OF 2"D VICE PRESIDENT
OF THE FLORIDA LEAGUE OF CITIES; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, John Kurzman has served 18 years as an elected official of the City
of North Miami Beach, now commencing his 10th consecutive term; and
WHEREAS, he has served his constituents with the highest degree of ethics and
integrity; and
WHEREAS, Mr. Kurzman has served as a past President of the Dade County
League of Cities, Inc. and has served on numerous municipal, county and statewide
boards regarding planning and zoning, building and the construction trade in general.
WHEREAS, Vice Mayor Kurzman has been recommended to serve as the 2r~
Vice President for the Florida League of Cities, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. The City Council hereby extends its support to North Miami Beach
Vice Mayor John Kurzman in his election as 2"d Vice President of the Florida League of
Cities, Inc.
Section 2. This Resolution shall become effective immediately upon its
adoption.
Resolution No.
Page 2
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:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 5th day of August, 1997.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA SUPPORTING DADE COUNTY
PUBLIC SCHOOLS AND CALLING UPON THE STATE OF
FLORIDA LEGISLATURE TO HOLD A SPECIAL SESSION
IN THE FALL OF 1997 TO DEVELOP AND PROVIDE THE
FLEXIBILITY NEEDED BY ALL SCHOOL BOARDS IN THE
STATE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, this City Council recognizes that public schools in Dade County are
greatly overcrowded;
WHEREAS, this Council supports the goals of Eastward Ho and the Governor's
Commission for a Sustainable South Florida; and
WHEREAS, changes by the State of Florida restricting the flexibility in the use of
capital funding and delivery methods for educational facilities may not be consistent
with the goals of Eastward Ho and the Governor's Commission for a Sustainable South
Florida which promote urban infill development and urban redevelopment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. The City Council supports the missions of the Dade County School
Board and urges the State of Florida to hold a Special Session in the fall of 1997 to
address public school overcrowding and related issues in Dade County and throughout
the State of Florida.
Section 2. The City Council encourages the State of Florida to provide
appropriate levels of funding and flexibility needed by public school districts to address
overcrowding issues.
Resolution No.
Page 2
Section 3. The City Council encourages the State of Florida Legislature to
provide the appropriate level of flexibility to the School Board of Dade County, Florida,
so it may support and participate in developing the goals of Eastward Ho and the
Governor's Commission for a Sustainable South Florida.
Section4. 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:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 5'h day of August, 1997.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CiTY COUNCIL
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Eric M. Soroka, City Manager
Arthur Berger, Councilmember
July 28, 1997
Billboards
The City Council authorized the expenditure of substantial amounts of money on a
Citywide beautification program that includes planting trees and flowering medians
along Biscayne Boulevard. However, as long as the billboards in 14 locations share
Biscayne Boulevard with the trees and flowers, this effort will be largely frustrated.
Our Ordinance prohibits only future billboards; it does not affect the ones existing on
Biscayne Boulevard, an interstate highway. Present law does not allow their removal
without payment of just compensation. As long as the law remains, it is unlikely that the
Council will be willing to pay the billboard owners cash compensation amounting to
millions of dollars for the removal of the billboards. I believe that the law can be
changed if demand for change is made by citizen groups in large enough numbers.
Please place this matter on the next Council agenda so that the Council can consider
whether it wishes to play a role in the organization of these groups.
AB/tms
cc: City Council
CITY OF AVENTURA
Ordinance 96-09
Disclosure of Site Visit, Investigation, Expert Opinion
Agenda Item: Item No. .~
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of
body
,199 ? ?agenda of
Date of Visit, Investigation or Receipt of Expert Opinion:
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Nature of Contact: (check as applicable)
( ¢),//'Site Visit
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Substance of Contact: //~
Identity of Any Person Particjl;~ting in Contact:
Filed this ,.') day of
Respectfully,
Council or Board Member Receiving
Com~unication: /
Signature ~ ' '
Cl~O~e~
CITY OF AVENTURA
Ordinance 96-09
Disclosure of Verbal Contact
Agenda Item: Item No. $.4
199 ¢ ? agenda of ~;~-~
/ body
of
Date of Verbal Communication: E'/~/~'?
Identity of Person or Entity Making Communication:
Subject. and Sub,stance of Communication:
Filed this ~ day of
Respectfully,
Council or Board Member Receiving
Communication:
Name.¢
Clerk / Secretary
CITY OF AVENTURA
Ordinance 96-09
Disclosure of Verbal Contact
Agenda Item:
199 '7 agenda of
Item No.
body
Date of Verbal Communication:
Identity of Person or Entity Making Communication:
Subject and Substance of Communication:
Filed this ~-- day of
Respectfully,
Council or Board Member Receiving
Communication:
Name
Signature
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Clerk / Secretary
CITY OF AVENTURA
Ordinance 96-09
Disclosure of Verbal Contact
Agenda Item: Item No. ;~ ~ of
199 ? agendaof
, body
Date of Verbal Communication:
Identity of Person or Entity Making Communication:
Subject and Substance of Communication:
/,"/~c ,,//7; ~ ," if;-~
Respectfully,
Council or Board
Communication:
Member
Receiving
Filed this ,~ day of
Si
'k / Secretary
CITY OF AVENTURA
Ordinance 96-09
Disclosure of Site Visit, Investigation, Expert Opinion
Agenda Item: Item No. SA of ~ ~.S ,199 ~'7 agenda of
body
Date of Visit, Investigation or Receipt of Expert Opinion:
Nature of Contact: (check as applicable)
(~Site Visit
( ) InYestigation
( ) Expert Opinion
Substance of Contact:
Identity of Any Person PartT,~ing. in Contact:
Filed this ,~J day of
Respectfully,
Council or Board Member
Communication:
,
Name..-/
Signature
Clerk / Secrota~
Receiving
CITY OF A VENTURA
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Ordinance 96-09
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Clerk I Secretary
CITY OF A VENTURA
Ordinance 96-09
Disclosure of Site Visit. Investiaation. Expert Opinion
Agenda Item: Item No. 1:1 of. ~'o/ 'J , 199-==- agenda of
body
Date of ViS~ Investigation or R. ~c~i~t of Expert Opinion:
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Filed this !> day of
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CITY OF AVENTURA
Ordinance 96-09
Disclosure of Verbal Contact
Agenda Item:
199'/ agenda of
Item No. .of
body
Date of Verbal Communication: ~,~ %
Identity~f Person or Entity Making Communication:
Subject and .,S, ubstance of Communication: Z'o ~,'~*1 /~' r~'''~'t "¢' ~[
Filed this 5 day of
Respectfully,
Council or Board Member Receiving
CoQ:Lmunication:
Nam~ .
Clerk / Socretary
CITY OF AVENTURA
Ordinance 96-09
Disclosure of Verbal Contact
Agendaltem: Item No. of
199 agenda of
body
Date of Verbal Communication: ,~ ¢ ~ ~ ~ ~r~-~.~-
Identity of Person or Entity Making C~3~mmunic~,.tion:
Subject and Substance of Communication:
Respectfully,
Council or Board
munication:
Member
Receiving
Filed this ~ day of
Clerk / Secretary
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookie Williams, who on oath says that aha Is the Vice
President of Legal Advertlstng of fha Miami Dally Business
Review f/Ida Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami In Dada
County, Florida; that the attached copy of advertisement,
pelng a Legal Adver0sement of Notice in the matter of
CITY OF AVENTURA
PUBLIC HEARING 8/5/97
AVENTURA MALL VENTURE
APPLICATION NO. 02-SV-97
In the ........... ~ ..................... Coati,
wasj~p lls~e~ltin aa~ ~t ~v~d paper in the Issues of
Affiant further says that the said Miami Daily Bustneea
Review Is a newspaper published at Miami in astd Dada
County, Florida, and that the said newspaper has heretofore
been continuously published In said Dada County, Flodda,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
office in Miami in said Dada County, Florida, for a parled of
axt preceding the first publication of the attached
vefllsement; and affiant fmther says that she has
Id nor promised any person, firm or corporation
unt, rebate, commission or refund for the purpose
ng this advertisement for publication In the said
~C~'~ JUNE 23,200g J
CITY OF AVENTURA
NOTICE OF PUBLIC HEARING
DATE AND TIME OF PUBLIC HEARING: Tuesday, August 5. 1~7
6:00 3.m.
APPLICANT NAME: Aventura Mall Venture
APPLICANT REQUEST: The applicant is requesting a sign vadance
to oermit temporary signs to announce future tenants at the Aventura
Mall.
APPLICATION NUMBER: 02-SV-97
LOCATION OF SUBJECT PROPERTY: 19501 Biscayne Boulevard
LEGAL DESCRIPTION: Tract Q Aventura 6th Addition. Plat Book
120, Page 20 of the Public Records of Dada County, Florida.
SIZE OF SUBJECT PROPERTY: Approximately 97.962 acres
Plans are on file an~ may be examinee dudng regular business
nours in the CITY OF AVENTURA, COMMUNITY DEVELOPMENT
DEPARTMENT, 2999 NE 191 STREET, SUITE 500, AVENTURA,
FLORIDA, 33180. Plans may be modifie¢ at or before the Public
Hearing.
The Public Hearing will be held at COLUMBIA AVENTURA MEDI-
CAL ARTS BUILDING, 21110 BISCAYNE BOULEVARD, SUITE 101,
AVENTURA, FLORIDA, 33180.
Your comments may De made ~n carson at the hearing or filed ,~
writing Drior to the hearing date. It is recommended that same be
mailed at least three (3) days (excluding Saturdays, Sundays and
Holidays) before the headng date. Refer to applicant/properly on cor-
resoondence and man same to CITY OF AVENTURA, COMMUNITY
DEVELOPMENT DEPARTMENT, 2999 NE 191 STREET, SUITE 500.
AVENTURA, FLORIDA, 33180. For further information, please call
(3051 466-8940. Piease advise others interested
m accordance with the Americans with Disabilities Act of 1990, all
bersons w~o are disabled and who nee~ special accommodations to
Darbcmate in this proceeding because of that disability should contact
the Office ol the City Clerk, 466-8901, not later than two business days
or,or ~o sucr proceedings.
If a Demon bec~dee to appeal any decision made by the City Council
with rescec[ [o any matter conslderecl at a meehng or hearing, that
person will need a record of the Drecee~3mgs and, for such purpose
may need to ensure that a verbatim record of the proceedings ~s
maQe. which record includes the testimony and evidence upon wmcn
the appeal ~s to be based.
PLEASE NOTE THAT THE APPLICATION MAY CHANGE
DURING THE HEARING PROCESS.
Teresa M. Smith. C. M. C., City Clerk
7/23 97-3-072365M
MIAMI DALLY BUSINESS REVIEW
Published Dally except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookle Williams, who on oath says that she Is the Vice
President of Legal Advertising of the Miami Daily Business
Review fflda Miami Review, a dally (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami In Dada
County, Flodda; that the attached copy of edvedlsement,
befog a Legal Advertisement of Notice In the matter of
CITY OF AVENTURA
PUBLIC HEARING 8/5/97
AVENTURA'S FINEST HAND
CAR WASH AND SERVICE, INC.
APPLICATION NO. 01-VAR-97
fo th. ........... X~ ..................... co..,
was p blished in s I n paper in the issues ~f
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 Dada County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the pest
office I.g,,M~ml in said Dsde County, Flortda, for a parted of
one t preceding the first publication of the attached
co rtlsement; and affiant lurther says that she has
nel d nor promised any person, 6tm or corporation
any nt, rebate, commission or refund for the purpose
of ng this ertlsement for publlcatfon In the said
n per.
~~~~ 23 /~I~UT[~ ~n d s ub$crt b bsfore ma t~
...... day ............ ~. ..... A.D. 19 ......
(SEAL) ~,~O%_~/:t~'.. ~ANE~ LLEREHA/
Sookle Wiltlams ~J~ *oval tO
I~:~) JUNE 23,2000
CITy 6F~VENTURA -
NOTICE OF PUBLIC HEARING
DATE ANDTIME OF PUBLIC HEARING: Tuesday, August 5, 1997
6:00 p.m.
APPLICANT NAME: Aventura's Finest Hand Car Wash and Service,
Inc., a Florida corporation
:APPLICANT REQUEST: The applicant is requesting a Use
Variance to permit an Outside Car Wash in a parking lot on the
subject.property. Aisc included in the application are accompanying
Non-Use Variances to waive setback requirements between buildings
and to reduce the number of parking spaces from that which is
required.
APPLICATION NUMBER: 01-VAR-97
LOCATION OF SUBJECT PROPERTY: 28~0 N.E. 187 Street
LEGAL DESCRIPTION: Lengthy legal description - you may contact
the Aventura Community Development for the complete legal descrip-
tion.
SIZE OF SUBJECT PROPERTY: +/- 1,99 acres
Plans are on file and may be examined during regular business
hours in the CITY OF AVENTURA, COMMUNITY DEVELOPMENT
DEPARTMENT, 2999 NE 191 STREET, SUITE 600, AVENTURA,
FLORIDA, 33180. Plans may be modified at or before the Public
Hearing.
The Public Hearing will be held at COLUMBIA AVENTURA MEDI-
CAL ARTS BUILDING, 21110 BISCAYNE BOULEVARD, SUITE 101,
AVENTURA, FLORIDA, 33180.
Your comments may be made in person at the hearing or filed in
writing pdor to the headng date. It is recommended that same be
mailed at least three (3) days (excluding Saturdays, Sundays and
Holidays) before the hearing date. Refer to applicant/properly on cor-
respondence and mail same to CITY OF AVENTURA, COMMUNITY
DEVELOPMENT DEPARTMENT, 2999 NE 191 STREET, SUITE 500,
AVENTURA, FLORIDA, 33180. For further information~ ptease call
{305) 466-8940. Please advise others interested.
In accordance with the Americans with Disabilities Act of 1990, all
persons who are disabled and who need special accommodations to
participate in this proceeding because of that disability should contact
the Office of the City Clerk, 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 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.
PLEASE NOTE THAT THE APPLICATION MAY CHANGE
DURING THE HEARING PROCESS.
Teresa M. Smith, C. M. C., City Clerk
7/23 97-3-072366M
MIAMI DALLY BUSINESS REVIEW
Published Daily except Saturday, Sunday end
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookle Williams, who on oath says that she Is the Vice
President of Legal Advertlstng of the Miami Dally Bustnesa
Review f/ida Miami Review, a daily (except Saturday, Sunday
and Lepal Holidays} newspaper, published at Miami in Dada
County, Florida; that the attached copy of advertisement,
being a Legal Adverilsement of Notice in the matter of
CITY OF AVENTURA
PUBLIC NOTICE OF PROPOSED
ORDINANCES - ORD. ESTABLISHING
A STORMWATER UTILITY SYSTEM
FOR THE CITY, ETC.
'. the ........... ~.~ ..................... Court,
W~LU~P ils~ In lsa~ ~sd paper In the Issues of
Affiant further says that the said Miami Daily Bustneas
County, Florida, and that the said newspaper has heretofore
been continuously publlsbed In said Dede County, Flodde,
each day (except Saturday, Sunday and Legal Holidays} and
has been entered as second class mall matter at the pout
office In Miami in said Dede County, FIodda, for a period of
te ext preceding the first publication of the attached
ertlsement; and affiant further says that she has
d nor promised any person, firm or corperetlon
nt, rebate, commission or refund for the purpose
~: ng this a ertlsement for publication in the said
7 be,ore m.
...... day of .............. ~ .. , A.D. 19 ......
CITY OF AVENTURA
pUBLIC NOTICE OF PROPOSED
ORDINANCES
NOTICE IS HEREBY~IVEN that on Tuesday, the 5th day oPAa~
gust, 1997, at a meeting of the City Council of the city o! Aventura, to
be held et 6:00 p~m. in the CounCil Meeting Room at the Columbia
Aventura Hospital and Medical Center, 21110 Biscayne Boulevard,
Suite 101, Aventura, Fiorida, the City Council will consider the edop-
tion of the following Ordinances on second reading, entitled:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ESTABLISHING A STORMWATER UTILITY SYSTEM FOR
THE CITY; PROVIDING FOR DEFINITIONS; MAKING CER-
TAIN FINDING AND DETERMINATIONS; ESTABLISHING A
STORMWATER UTILITY FEE; ESTABLISHING A METHOD
AND PROCEDURE FOR THE COLLECTION OF STORM-
WATER UTILITY FEES; DIRECTING THE CITY MANAGER
TO MAINTAIN CERTAIN RECORDS; PROVIDING FOR
QUESTS FOR ADJUSTMENT; PROVIDING FOR APPEALS;
PROVIDING FOR REPEAL OF CONFLICT'ING ORDINAN-
CES; PROVIDING FOR SEVERABILITY, INCLUSION IN
THE CODE ANDAN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CODE OF THE CITY OF AVENTURA BY
ADDING A NEW ORDINANCE ENTITLED 'FLOOD DAMAGE
PREVENTION'; PROVIDING FOR STATUTORY AUTHOR-
ITY AND LEGISLATIVE FINDINGS; PROVIDING AN INTENT
AND PURPOSE; PROVIDING OBJECTIVES; PROVIDING
DEFINITIONS; PROVIDING GENERAL PROVISIONS; PRO-
VIDING ADMINISTRATIVE PROCEDURES AND STAND-
ARDS; PROVIDING FOR FLOOD HAZARD REDUCTION;
PROVIDING FOR VARIANCES AND APPEALS; PROVIDING
FOR THE REPEAL OF CONFLICTING PROVISIONS; PRO-
VIDING FOR SEVERABILITY; INCLUSION IN THE CODE
~ AND AN EFFECTIVE DATE
The proposed~Ordinances may be inspected by the public at the Of-
rice of the City Cterk; 2999 N.E. 191st Street, Suite 500, Aventura,
Fiodda. Interested parties may appear at the Public Hearing, and be
heard with respect to the proposed Ordinance. Any person wishing to
address the City Council on any item at this Public Headng is asked to
register with the City Clerk pitor to that item being heard.
In accordance with the Americans with Disabilities Act of 1990, all
persons who are disabled and who need spaniel accommodations to
participate 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 appesi any decision made by the City Council
with respect t° any matter considered at a meeting or hea~ing, 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 rpserd includes the testimony and evidence upon which
the appeal is to be based.
Dated July 7, 1997. ,
Teresa M. Smith, CMC, City Clerk
7/7 '__ 97-4'070719M