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03-18-1997 CC Meeting AgendaCITY OF AVENTURA COUNCIL AGENDA MARCH 18, 1997 6 P.M. CITY COUNCIL Arthur I. Snyder, Mayor Arthur Berger, Vice Mayor Jay R. Beskin, Councilmember Ken Cohen, Councilmember Harry Holzberg, Councilmember Jeffrey M. Perlow, Councilmember Patricia Rogers-Libert, Councilmember Eric M. Soroka, City Manager Teresa M. Smith, City Clerk Weiss Serota & Helfman, City Attorney City of Aventura The City of Excellence Arthur I. Snyder, Mayor Arthur Berger, Vice Mayor Councilmembers Jay R. Beskin Ken Cohen Harry Holzberg Jeffrey M. Perlow Patricia Rogers-Libert Council Meeting March 18, 1997 - 6 PM Columbia Aventura Medical Arts Building 21110 Biscayne Boulevard Suite 101 Aventura, Florida 33180 AGENDA ~l. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ZONING HEARINGS - SPECIALLY SET BY COUNCIL FOR 6 P.M. QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following 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. DISCLOSU~ OF KY EX-F~d~TE COMMUN~C^TIO~qS ?URSUANT TO ORDIN~CE 96-09 APPLICANT: OPH AVENTURA REALTY, L.C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA GRANTING SITE PLAN APPROVAL FOR PROPERTY LOCATED AT 17800-17870 BISCAYNE BOULEVARD, AVENTURA, FLORIDA TO PERMIT A FREE-STANDING RESTAURANT AND A FREE-STANDING RETAIL March 18, 1997 Council Meeting USE; AND GRANTING A VARIANCE FROM THE MINIMUM REQUIRED FIVE (5) FOOT REAR YARD SETBACK AT THE RETAIL BUILDING; AND GRANTING A VARIANCE FROM THE MINIMUM REQUIRED TWENTY (20) FOOT FRONT YARD SETBACK AT THE RESTAURANT BUILDING; AND GRANTING A VARIANCE FROM THE REQUIRED FORTY-EIGHT (48) PARKING SPACES BY ALLOWING FORTY-ONE (41) PARKING SPACES; AND PROVIDING AN EFFECTIVE DATE. APPROVAL OF MINUTES: Council Meeting Council Workshop March 4, 1997 March 13, 1997 AGENDA: Request for Deletions/Emergency Additions SPECIAL PRESENTATIONS: None CONSENT AGENDA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, SELECTING THE FIRM OF IVEY, HARRIS & WALLS, INC. TO PERFORM PROFESSIONAL PLANNING SERVICES RELATIVE TO RFP NO. 97-1-31-2, COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS; AUTHORIZING THE CITY MANAGER OF THE CITY OF AVENTURA, FLORIDA, ON BEHALF OF SAID CITY, TO NEGOTIATE THE TERMS AND FEES FOR SAID WORK; AUTHORIZING NEGOTIATIONS WITH ALTERNATE FIRM TO PERFORM THE REQUIRED SERVICES SHOULD NEGOTIATIONS WITH SELECTED FIRM BE UNSUCCESSFUL; AND PROVIDING AN EFFECTIVE DATE. (Selects firm to perform professional planning services for preparation of the City's Comprehensive Master Plan and Land Development Regulations) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, URGING THE FLORIDA LEGISLATURE TO REPEAL THE JOE CARLUCCI UNIFORM FIREARMS ACT AND March 18, 1997 Council Meeting ALLOW LOCAL GOVERNMENTS TO CONSIDER THE ENACTMENT OF APPROPRIATE FIREARMS CONTROL MEASURES TO ENSURE THE SAFETY OF THEIR CITIZENS; PROVIDING FOR AN EFFECTIVE DATE. (Requests the State Legislature to repeal the Uniform Firearms Act and allow local governments control of gun regulations) AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA ESTABLISHING FEES FOR THE PROVISION OF INFORMATION CONCERNING OUTSTANDING OR PENDING CITY LIENS; PROVIDING A FEE SCHEDULE FOR THE PREPARATION AND RECORDATION OF LIENS AND LIEN SATISFACTIONS; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. (Establishes fees for the review and provision of information relative to outstanding or pending City liens and costs for the preparation and recording of liens) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED LEASE AGREEMENT FOR PROPERTY TO BE USED AS A LANDSCAPE BUFFER AND BEAUTIFICATION BY AND BETWEEN THE CITY OF AVENTURA AND FLORIDA EAST COAST RAILWAY COMPANY; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. (Authorizes execution of a lease agreement with Florida East Coast Railway Company for the right-of-way adjacent to the railroad tracks in order to provide a landscape buffer.) MOTION TO ACCEPT, FOR FILING WITH THE CITY CLERK, THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1996. March 18, 1997 Council Meeting Ho (Provides formal acceptance and filing of original comprehensive annual financial report with the Clerk's office for fiscal year ended September 30, 1996) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 97-3-3-2, LEHMAN CAUSEWAY SIDEWALK IMPROVEMENTS, TO COLONNA CONSTRUCTION, INC. AT THE BID PRICE OF $26,851.20 AS CONTAINED IN EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. (Awards bid for installation of sidewalk along the south side of Lehman Causeway) MOTION OF THE CITY COUNCIL, 1N ACCORDANCE WITH RESOLUTION NO. 96-56, TO AUTHORIZE THE CITY ATTORNEY TO TAKE THE NECESSARY ACTION TO FORMALLY REQUEST THAT METROPOLITAN DADE COUNTY TRANSMIT TO THE CITY OF AVENTURA, ON OR BEFORE MAY 1, 1997, THE CITY'S SHARE OF FLORIDA POWER & LIGHT FRANCHISE FEE REVENUES. (Authorizes the City Attorney to proceed with formal collection of franchise fee revenues from Metropolitan Dade County) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, ADJUSTING THE 1996/97 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (Amends the current year budget to provide for additional personnel in the Clerk's Office and Community March 18, 1997 Council Meeting Development Department, and other personnel changes to address service requirements) PUBLIC HEARINGS - ORDINANCES - FIRST READING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING SIGN CODE REGULATIONS; PROVIDING FOR PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR PROHIBITED SIGNS; PROVIDING FOR REQUIRED SIGNS; PROVIDING FOR SIGNS NOT REQUIRING A PERMIT; PROVIDING FOR RESIDENTIAL DISTRICT PERMANENT SIGNS; PROVIDING FOR NON- RESIDENTIAL DISTRICT SIGNS; PROVIDING FOR TEMPORARY SIGNS; PROVIDING FOR SUPPLEMENTAL REGULATIONS; PROVIDING FOR SIGN PERMITS; PROVIDING FOR NON- CONFORMING SIGNS; PROVIDING FOR SIGN MAINTENANCE; PROVIDING FOR REMOVAL OF IMPROPER SIGNS; PROVIDING FOR REPLACEMENT OF SIGN CODE PROVISIONS PROVIDED BY METROPOLITAN DADE COUNTY CODE SECTIONS 33-82 TO 33-121.27; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. (It is anticipated that this item will be deferred) PUBLIC HEARINGS: ORDINANCES - SECOND READING AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE 96-12, WHICH PROVIDED FOR A BUILDING MORATORIUM ON ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS UPON CLASS "C" COMMERCIAL ADVERTISING SIGNS (INCLUDING BILLBOARDS) WITHIN THE CITY LIMITS OF THE CITY OF AVENTURA, BY EXTENDING THE TERM OF THE MORATORIUM; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 97-06 March 18, 1997 Council Meeting WHICH ESTABLISHES PROHIBITIONS AGAINST EXCESSIVE NOISE BY ADDRESSING CONSTRUCTION HOURS AND OTHER NOISE ACTIVITIES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. 10. RESOLUTIONS: None 11. OTHER BUSINESS: None 12. REPORTS 13. PUBLIC COMMENTS 14. ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS: TUESDAY, APRIL 1, 1997 7 PM MONDAY, APRIL 7, 1997 9 AM TUESDAY, APRIL 15, 1997 6 PM COUNCIL MEETING COUNCIL WORKSHOP COUNCIL MEETING *Government Center, 2999 NE 191 st Street, Suite 500, Aventura, Florida 33180 In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Cl~rk, 466-8901, not later than two days prior to such proceeding. Anyone wishing to appeal any decision made by the Aventura City Council with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 2999 NE 191st Street, Suite 500, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 466-8901. CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: Jaye M. Epstein, AICI~ eF ctor of Community Development March 11,1997 Original Pancake House 17800-17870 Biscayne Boulevard March 18, 1997 City Council Meeting Agenda Item THE REQUEST The applicant, OPH Aventura Realty, L.C., is requesting site plan approval and variances to permit a free-standing restaurant and a free-standing retail use on the subject property. The variances requested are as follows: 1. Requests variance from Article II/Chapter 33 of the Dade County Code to waive five feet (5') of the minimum required rear yard setback at the retail building to the south of the subject property. (Provision of zero foot (0') rear yard setback is proposed. 2. Requests variance from Article II/Chapter 33 of the Dade County Code to waive twenty feet (20') of the minimum required front yard setback at the restaurant to the north of the subject property. (Provision of zero foot (0') front yard setback is proposed). 3. Requests variance from Article VII/Chapter 33 of the Dade County Code to waive seven (7) of the minimum required forty-eight parking spaces. (Provisions of forty- one parking spaces proposed). 4. Requests variance from Article VI/Chapter 33 of the Dade County Code to waive the prohibition of signage above the roof line. (Provisions of one (1) wall sign located above the roof line proposed), RECOMMENDATION It is recommended that the request for site plan approval be granted as well as the rear yard setback variance, front yard setback variance and parking variance. However, the signage variance should not be granted as this variance can easily be remedied and does not exist because of hardship conditions imposed against the property. BACKGROUND OWNER OF PROPERTY ADDRESS OF PROPERTY SIZE OF PROPERTY LEGAL DESCRIPTION EXISTING ZONING FUTURE LAND USE DESIGNATION OPH/Aventura Realty L.C. and Laurence F & Diana Cusick Co-TRS 17800-17870 Biscayne Boulevard Approximately 28,560 square feet (.655 acres) Lots 9, 10, 11 and 12, less therefrom the East 33.75 feet thereof, of MAULE FEDERAL HIGHWAY INDUSTRIAL SITE, according to the Plat thereof, recorded in Plat Book 46, Page 55, of the Public Records of Dade County, Florida. BU-2, Special Business District Business and Office Zoning - The subject property is zoned BU-2, as are the properties to the north, south and east. The properties to the west are located within unincorporated Dade County. Existing Land Use - Both structures on the subject property are presently vacant. The structure located on the north end of the subject property, originally known as the Lipstik nightclub, was cut and refaced by the Florida Department of Transportation (FDOT) during their Biscayne Boulevard eminent domain proceedings. The structure towards the south end of the subject property was originally a marine sales facility and proposed to be demolished under this application. The property to the south of the subject property is also vacant. The properties to the north and east are retail, service and restaurant uses. The properties to the west are located within unincorporated Dade County. 2 Future Land Use - The subject property is currently designated Business and Office according to the Adopted 2000 and 2010 Land Use Plan for Metro-Dade County, Florida, as are the properties to the north, south, east and west. The Site - The subject site is an approximately 68 foot by 420 foot property located west of Biscayne Boulevard and directly south of NE 179 Street. This rectangular piece of land lies between Biscayne Boulevard and the FEC Railroad right-of-way. (See Exhibit #1 for a location map). The Project- The project proposes the construction of a 4611 square foot Original Pancake House Restaurant and a 3000 square foot retail use which share a common parking lot between the two buildings. This site was the subject of an FDOT road widening taking. The existing structure that will be renovated to the Original Pancake House Restaurant was cut and refaced to a zero foot (0') setback along the east property line, by the FDOT prior to the involvement of the City in any FDOT takings. The applicant is proposing the demolition of a portion of the north side of this building, that is presently abutting the right-of-way of NE 179 Street, setting the new structure twenty feet (20') from the north property line. Additionally, the applicant proposes the construction of additional square footage to the rear, or west, of the existing structure for a total of 4611 square feet. The proposed Original Pancake House will seat approximately 150 guests. The architecture has a Mediterranean flavor including barrel-tile roof, stucco walls with artificial keystone trim and tile accents. The existing 800 square foot structure towards the south of the property is proposed to be demolished and a new 3000 square foot structure will be constructed adjacent to the south property line for a retail use. This southerly building is being built along the south property line so that the site will function more efficiently in traffic flow and parking availability. The architecture of this structure will match that of the Original Pancake House providing for a unified appearance within this development. ANALYSIS Consistency with Comprehensive Master Plan- The proposed development is consistent with the Dade County Comprehensive Master Plan. Concurrency - Project meets concurrency. The applicant received concurrency approval from Dade County on September 11, 1996, which approval still remains valid since application for Public Hearing was made prior to expiration of that 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 generally supportive of this project because the FDOT, in their attempt to cure takings during the Biscayne Boulevard widening, had cut and refaced an existing structure prior to the City's input in any FDOT takings. Therefore, this Department recognizes that some hardship does exist because of the depth of the property and the configuration and location of existing structures. However, if this project were to be submitted as new development, the Department would generally look for better site plan design and the required setbacks to be met. Additionally, the lack of parking, especially at a restaurant use, may create a problem for both businesses. However, the nineteen (19) supplemental parking spaces located within the FEC Railroad right-of-way will help to alleviate this situation even though the FEC may cancel lease of their property at any time. The applicant has agreed to push the parking lot to the west in order to gain additional landscaping adjacent to Biscayne Boulevard. This additional landscaping at the front of the property will serve to provide an improved landscaped appearance along the new Biscayne Boulevard and provide visual relief from the amount of pavement located between the two buildings. .CONDITIONS It is recommended that the request for site plan approval, rear yard setback variance, front yard setback variance and parking variance be granted subject to the following conditions: STANDARD CONDITIONS 1. Plans shall substantially comply with those submitted and prepared by William Hamilton Arthur Architect Inc., as follows: Proposed Site Plan, SP-1, dated 11-26-96. Demolition Plan, D-l, dated 11-26-96. Floor Plan, General Notes, A-l, dated 11-26-96. Exterior Elevations, A-2, dated 11-26-96. Exterior Elevations (West & East), A-3, dated 11-26-96. Retail Building First Floor Plan/Exterior Elevation (north), A-4, dated11-26-96. Retail Building First Floor Plan/Exterior Elevation (south, east, west), A-5, dated11- 26-96. Landscape Plan, L-l, dated 11-26-96. Landscape Details and Notes, L-2, 11-26-96. 4 2. Applicant shall submit the final building plans within 6 months of the date of this Resolution or the site plan approval granted shall be deemed null and void and the applicant shall be required to reinstate the site plan review process unless the term is extended by the City Council prior to its expiration. 3. Applicant shall commence utilization of the variance(s) granted within 6 months of the date of this Resolution or the variance(s) granted shall be deemed null and void unless the term is extended by the City Council prior to its expiration. 4. All wall signage must be of an individual channel letter type only and shall not be located above the roof line of the principle structure. All signage requires a separate permit prior to installation. Site plan approval does not constitute sign approval. 5. Typical address identification shall be required on an exterior building wall and shall be located so as to be visible from the nearest public street. = A complete paving and drainage plan showing proposed and existing grading, drainage details and calculations must be submitted to and approved by the City Engineer prior to the issuance of a building permit. Curb cut and drainage permits must be obtained from the Florida Department of Transportation (FDOT) as applicable, and final City approval is subject to final FDOT sign-off on all applicable permits. 8. A complete fire and burglar alarm system, including panic alarms, must be installed for all ground floor and common areas. The design, location and capability of said systems must be submitted to and approved by the Police Chief prior to the issuance of a Certificate of Occupancy for each structure. 9. Emergency contact information shall be on file with the Police Department prior to issuance of a Certificate of Occupancy for each structure. 10. All utilities, including, but not limited to, electrical and telephone must be located underground. 11. Project must be in complete conformity with the Americans with Disabilities Act (ADA) as determined by the City's Building Official. 12. Building materials and color samples must be submitted to, and approved by, the City Manager prior to the issuance of a building permit for this project. 13. A lighting plan for the entire property shall be submitted by a qualified lighting professional. Said plan shall include the entire property as well as adjacent swale areas, and should include decorative facade lighting in addition to that provided for safety and security needs. 14. A dumpster enclosure consisting of a CBS structure with spring-loaded gates large enough to encompass recycling racks and containers shall be provided. Water, hose hook-up and drainage will be required. Dumpster enclosure pad shall be extended a minimum of 6' in front of enclosure to prevent damage to asphalt during service. 15. Roof screen shall be of sufficient height to adequately screen rooftop equipment and related structures from ground view of surrounding and adjacent properties. 16. This project must connect to the sanitary sewer system in a manner and location to be approved by the public utility responsible for connection and service. 17. Drop curbs shall be provided at all points where pedestrian walkways intersect with vehicular use areas and shall be properly striped across driveways and drive aisles. 18. Provide "Stop" signs and stop bars at any exiting driveways at the property line. 19. All paved parking spaces shall be double striped and indicated as such on the site plan. PROJECT SPECIFIC CONDITIONS 20. Landscaping shall be continued into the FDOT swale area and design shall be approved prior to issuance of the required separate landscaping permit. ^ bond shall be required to assure that landscaping within the FDOT swale area will be completed prior to determination by FDOT that the roadway is substantially complete. 21. Only Type D or Type F continuous curbing is allowed. Extruded curbing is not permitted. 22. The north exit lane (exit only) must be channelized and curbed so that it is not possible for incoming southbound traffic to enter at this location. "Do Not Enter" signs shall be required at this exit. 23. The legal description of the property must be provided on the site plan as submitted for all building permits. /staff repor[s/OPH 041897 6 SUBJECT PROPERTY NORTH MIAMI BEACH MAULE LAKE EXHIBIT #1 LOCATION MAP RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA GRANTING SITE PLAN APPROVAL FOR PROPERTY LOCATED AT 17800-17870 BISCAYNE BOULEVARD, AVENTURA, FLORIDA TO PERMIT A FREE-STANDING RESTAURANT AND A FREE-STANDING RETAIL USE; AND GRANTING A VARIANCE FROM THE MINIMUM REQUIRED FIVE ($) FOOT REAR YARD SETBACK AT THE RETAIL BUILDING; AND GRANTING A VARIANCE FROM THE MINIMUM REQUIRED TWENTY (20) FOOT FRONT YARD SETBACK AT THE RESTAURANT BUILDING; AND GRANTING A VARIANCE FROM THE REQUIRED FORTY- EIGHT (48) PARKING SPACES BY ALLOWING FORTY- ONE (41) PARKING SPACES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned BU-2, Special Business District; and WHEREAS, the Applicant, OPH Aventura Realty, L.C., requested site plan approval and non-use variances pursuant to Chapter 33 of the Code of Ordinances of Metro-Dade County as applicable pursuant to City Charter Sec. 8.03, and Ordinance 96-08, to permit a free-standing restaurant and a free-standing retail use on the subject property; and WHEREAS, the Community Development Department recommends approval of these requests subject to conditions; and WHEREAS, 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. Resolution No. Page 2 NOW, THEREFORE, BE IT. RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 96-01 for Site Plan approval to permit a free- standing restaurant and a free-standing retail use on property legally described as: LOTS 9, 10, 11 AND 12, LESS THEREFROM THE EAST 33.75 FEET THEREOF, OF MAULE FEDERAL HIGHWAY INDUSTRIAL SITE, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 46, PAGE 55, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. NK/A 17800-17870 BISCAYNE BOULEVARD AVENTURA, FLORIDA is hereby granted subject to each of the following conditions: STANDARD CONDITIONS 1. Plans shall substantially comply with those submitted and prepared by William Hamilton Arthur Architect Inc., as follows: Proposed Site Plan, SP-1, dated 11-26-96. Demolition Plan, D-l, dated 11-26-96. Floor Plan, General Notes, A-l, dated 11-26-96. Exterior Elevations, A-2, dated 11-26-96. Exterior Elevations (West & East), A-3, dated 11-26-96. Retail Building First Floor Plan/Exterior Elevation (north), A-4, dated11-26-96. Retail Building First Floor Plan/Exterior Elevation (south, east, west), A-5, dated11- 26-96. Resolution No. Page 3 Landscape Plan, L-l, dated 11-26-96. Landscape Details and Notes, L-2, 11-26-96. 2~ Applicant shall submit the final building plans within 6 months of the date of adoption of this Resolution or the site plan approval granted shall be deemed null and void and the applicant shall be required to reinstate the site plan review process unless the term is extended by the City Council prior to its expiration. Applicant shall commence utilization of the variance(s) granted pursuant to this Resolution by submitting final building plans within 6 months of the date of this Resolution or the variance(s) granted shall be deemed null and void unless the term is extended by the City Council prior to its expiration. 4. All wall signage must be of an individual channel letter type only and shall not be located above the roof line of the principal structure. All signage requires a separate permit prior to installation. Site plan approval does not constitute sign approval. 5. Typical address identification shall be required on an exterior building wall and shall be located so as to be visible from the nearest public street. 6. A complete paving and drainage plan showing proposed and existing grading, drainage details and calculations must be submitted to and approved by the City Engineer prior to the issuance of a building permit. Resolution No. Page 4 Curb cut and drainage permi{s must be obtained from the Florida Department of Transportation (FDOT) as applicable, and final City approval is subject to final FDOT regulatory sign-off on all applicable permits. 8. A complete fire and burglar alarm system, including panic alarms, must be installed for all ground floor and common areas. The design, location and capability of said systems must be submitted to and approved by the Police Chief prior to the issuance of a Certificate of Occupancy for each structure. Emergency contact information shall be on file with the Police Department prior to issuance of a Certificate of Occupancy for each structure. 10. All utilities, including, but not limited to, electrical and telephone must be located underground. 11. Project must be in complete conformity with the Americans with Disabilities Act (ADA) as determined by the City's Building Official. 12. Building materials and color samples must be submitted to, and approved by, the City Manager prior to the issuance of a building permit for this project~ 13. A lighting plan for the entire property shall be submitted by a qualified lighting professional. Said plan shall include the entire property as well as adjacent swale areas, and should include decorative facade lighting in addition to that provided for safety and security needs. Resolution No. Page 5 14. A dumpster enclosure consisting of a CBS structure with spring-loaded gates large enough to encompass recycling racks and containers shall be provided. Water, hose hook-up and drainage will be required. Dumpster enclosure pad shall be extended a minimum of 6' in front of enclosure to prevent damage to asphalt during service. 15. Roof screen shall be of sufficient height to adequately screen rooftop equipment and related structures from ground view of surrounding and adjacent properties. 16~ This project must connect to the sanitary sewer system in a manner and location to be approved by the public utility responsible for connection and service. 17. Drop curbs shall be provided at all points where pedestrian walkways intersect with vehicular use areas and shall be properly striped across driveways and drive aisles. 18. Provide "Stop" signs and stop bars at any exiting driveways at the property line. 19 All paved parking spaces shall be double striped and indicated as such on the site plan. PROJECT SPECIFIC CONDITIONS 20. No signage shall be permitted above the roof line. Resolution No. Page 6 21. Landscaping shall be continued into the FDOT swale area and design shall be approved prior to issuance of the required separate landscaping permit. A bond for 150% of the estimated cost of landscaping within the FDOT swale area shall be required to be posted by the Applicant at the time the landscaping permit for the development is issued to assure that landscaping within the FDOT swale area will be completed. The landscaping within the FDOT swale area shall be completed within sixty (60) days upon FDOT determination that the roadway is substantially complete. The City Manager shall have the authority to extend the sixty (60) days time limitation after just cause is shown by the Applicant. 22. Only Type D or Type F continuous curbing is allowed. Extruded curbing is not permitted. 23. The north exit lane (exit only) must be channelized and curbed so that it is not possible for incoming southbound traffic to enter at this location. "Do Not Enter" signs shall be required at this exit. 24. The legal description of the property must be provided on the site plan as submitted for all building permits. Section 2. A request for a variance from Chapter 33 of the Dade County Code to waive the prohibition of signage above the roof line is hereby denied. Resolution No. Page 7 Section 3. A variance from Chapter 33 of the Code of Ordinances of Metro- Dade County, Florida to waive all of the minimum required five (5) foot rear yard setback at the retail building to the south of the property legally described as aforesaid be and the same is hereby granted subject to each of the aforementioned conditions. Section 4. A variance from Chapter 33 of the Code of Ordinances of Metro- Dade County, Florida to waive all of the minimum required twenty (20) foot front yard setback at the restaurant building to the north of the property legally described as aforesaid be and the same is hereby granted subject to each of the aforementioned conditions. .Section 5. A variance from Article VII/Chapter 33 of the Code of Ordinances of Metro-Dade County, Florida to waive seven (7) of the required forty-eight (48) parking spaces where a provision of forty-one (41) parking spaces is proposed on property legally described as aforesaid be and the same is hereby granted subject to each of the aforementioned conditions. Section 8. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 7. This Resolution shall become effective immediately upon its adoption. Resolution No. Page 8 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: , who _, and Councilmember Jay R. Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey M Perlow Councilmember Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I, Snyder PASSED AND ADOPTED this day of _,1997. ATTEST: ARTHURI. 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 , 1997. CITY CLERK MINUTES CITY COUNCIL MEETING CITY OF AVENTURA, FLORIDA TUESDAY, MARCH 4, 1997 6 P.M. COLUMBIA AVENTURA MEDICAL ARTS BUILDING 21110 BISCAYNE BOULEVARD SUITE AVENTURA, FLORIDA CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Arthur Snyder at 6 p.m. Present were Councilmembers Jay R. Beskin, Ken Cohen, Harry Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Smith, and City Attorneys Richard Jay Weiss and Stephen J. Helfman. Vice Mayor Arthur Berger was absent due to illness. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Mr. Weiss led the pledge of allegiance. 3. PLANNING HEARINGS - SPECIALLY SET BY COUNCIL FOR 6 P.M. APPLICATION NUMBER: 01-AR-96; APPLICANT: TRAFALGAR ASSOCIATES OF AVENTURA, LTD., A FLORIDA LIMITED PARTNERSHIP is petitioning to close eight (8) feet of public right-of-way on NE 207 Street from NE 30 Avenue east for approximately 1784 feet and ten (10) feet of public right-of-way on NE 30 Avenue from NE 207 Street north for approximately 926 feet. Mr. Helfman read the request of the applicant and Jeffrey Bercow, Esq., 200 S. Biscayne Blvd., Miami, on behalf of the applicant, addressed Council. A motion to approve the applicant's request was offered by Councilmember Perlow and seconded by Councilmember Cohen, with the following conditions: 1) approval of landscaping as outlined in drawings submitted as Sheets L-5 of 10 and L-6 of 10 dated November 20, 1995, entitled Aventura Lakes LAG #2549; 2) center median on 30th Avenue be completed and approved by the Community Development Director and City Landscape Architect; 3) incorporation and adoption of prior letters of understanding submitted to the City by the Developer; and 4) the right-of-way along 207th Street be improved in accordance with the conceptual landscaping plan adopted by the City. Councilmember Beskin offered an amendment to delete condition #2. The amendment was seconded by Councilmember Rogers-Libert and unanimously passed, 6-0. The motion to approve the applicant's request, with the conditions set forth and as amended, passed unanimously, 6-0. APPROVAL OF MINUTES: A motion to approve the minutes of the February 18, 1997 Council Meeting and the February 26, 1997 Council Workshop Meeting was offered by Councilmember Rogers-Libert, and seconded by Councilmember Beskin, with the following amendments to the Workshop Meeting: the reference in Section 4 to regular meeting be changed to Town Hall meeting and Section 3 provide that the Sign Ordinance be brought back for discussion at a future Workshop Meeting. The motion passed unanimously and the minutes were approved. $. AGENDA: REQUEST FOR DELETIONS/EMERGENCY ADDITIONS: Councilmember Cohen requested removal of items 7.D., 7.F. and 7.G. from the Consent Agenda. 6. SPECIAL PRESENTATIONS: None CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Councilmember Perlow, seconded by Councilmember Cohen and unanimously passed. Thus the following action was taken: A. Resolution No. 97-15 was adopted as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND METROPOLITAN DADE COUNTY FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. B. Resolution No. 97-16 was adopted as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF NORTH MIAMI BEACH FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. C. Resolution No. 97-17 was adopted as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND INDIAN CREEK VILLAGE FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. E. Resolution No. 97-19 was adopted as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA INDICATING THE CITY'S INTENT TO PARTICIPATE IN THE NATIONAL FLOOD INSURANCE PROGRAM; AUTHORIZING THE CITY MANAGER TO FILE THE NECESSARY APPLICATIONS AND TO TAKE THE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AWARDING AND LETTING A CONTRACT FOR THE CITY'S GENERAL BANKING SERVICES TO BARNETT BANK, N.A., SOUTH FLORIDA; AUTHORIZING THE CITY MANAGER OF THE CITY OF AVENTURA, FLORIDA, ON BEHALF OF SAID CITY, TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Harry Kilgore, Finance Support Services Director, explained to Council the rating and recommendation process for awarding the City's banking services. A motion to approve the resolution was offered by Councilmember Rogers-Libert, seconded by Councilmember Beskin, unanimously passed and Resolution No. 97-18 was adopted. F. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 97-06 WHICH ESTABLISHES PROHIBITIONS AGAINST EXCESSIVE NOISE BY ADDRESSING CONSTRUCTION HOURS AND OTHER NOISE ACTIVITIES; PROVIDING FOR SEVERABILITY, AND AN EFFECTIVE DATE. A motion was offered by Councilmember Beskin, seconded by Councilmember Rogers-Libert and unanimously passed by roll call vote to amend the ordinance to provide that the last sentence in Section E. read as follows: "This paragraph E. shall not require Motorboat engines manufactured without a muffler from making such discharge of exhaust, nor shall it prohibit Motorboat engine testing, flushing and repair activities in the absence of a muffler by marine manufacturing or storage and repair establishments during the time period one hour before sunrise to one hour after sunset seven days a week". A motion to amend the ordinance to eliminate all construction on Sundays was offered by Councilmember Cohen and seconded by Councilmember Holzberg. The motion failed, with Councilmembers Beskin, Perlow, Rogers-Libert and Mayor Snyder voting no and Councilmembers Cohen and Holzberg voting yes. The following individuals addressed Council: Edward Frayd, Mystic Point; Leonard Geller, Commodore Plaza; Jan Costa, 3161 NE 188th Street; Jeffrey Bercow; and George Berlin, Turnberry & Associates. A motion to approve the ordinance, as amended, was offered by Councilmember Perlow, seconded by Councilmember Rogers-Libert and unanimously passed, 6-0, by roll call vote. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, SUPPORTING THE COLUMBIA AVENTURA HOSPITAL AND MEDICAL CENTER'S CERTIFICATE OF NEED APPLICATION AND IMPLEMENTATION OF AN OPEN HEART SURGERY SERVICES PROGRAM; AND PROVIDING AN EFFECTIVE DATE. A motion to approve the resolution was offered by Councilmember Rogers-Libert, seconded by Councilmember Holzberg, unanimously passed and Resolution No. 97- 20 was adopted. 8. PUBLIC HEARINGS: ORDINANCES - SECOND READING: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 96-12 BY AMENDING THE TERM THEREOF; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. A motion to defer this ordinance in order to amend the title for clarification and 4 readvertise prior to second reading was offered by Councilmember Rogers-Libert, seconded by Councilmember Beskin and unanimously passed. B. Mr. Weiss read the following ordinance, by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, CREATING FILMING REGULATIONS FOR THE CITY; PROVIDING FOR DEFINITIONS; PROVIDING FOR APPLICABILITY; REQUIRING A PERMIT AND PERMIT FEE; PROVIDING FOR LIMITATIONS; REQUIRING NOTICE TO OWNERS; ESTABLISHING CRITERIA FOR ISSUING PERMITS; PROVIDING AN APPEAL PROCEDURE; PROVIDING FOR EXEMPTIONS; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE Mayor Snyder opened the public hearing. There being no speakers, the public hearing was closed. At the recommendation of the City Manager, a motion to amend Section 3.B. (vii) to read as follows: "may, at the discretion of the City Manager, require that applicant post a cash bond to be held by the City to be used, if necessary to repair damage to public property caused by the Filming" was offered by Councilmember Rogers-Libert, seconded by Councilmember Beskin and unanimously passed. A motion to approve the ordinance, as amended, was offered by Counciimember Rogers-Libert, seconded by Councilmember Cohen, unanimously passed by roll call vote, 6-0, and Ordinance No. 97-07 was enacted. 9. RESOLUTIONS: None 10. OTHER BUSINESS: A RESOLUTION OF THE CITY OF AVENTURA FLORIDA URGING THE STATE LEGISLATURE TO ENACT LEGISLATION TO PROHIBIT THE USE OF CELLULAR TELEPHONES WHILE OPERATING A MOVING MOTOR VEHICLE; AND PROVIDING AN EFFECTIVE DATE. (Mayor Snyder) A motion to reconsider this matter was offered by Mayor Snyder, seconded by Councilmember Holzberg and passed, 5-1, with Councilmember Perlow voting no. A motion to adopt a resolution similar to that adopted by Metropolitan Dade County urging the State Legislature to enact legislation to prohibit the use of cellular telephones while operating a moving motor vehicle was offered by Councilmember Cohen, and seconded by Councilmember Holzberg. The motion failed, 3-3, with Councilmembers Holzberg, Cohen and Mayor Snyder voting yes and Councilmembers Perlow, Beskin and Rogers-Libert voting no. DISCUSSION AND POSSIBLE MOTION DIRECTING THE CITY ATTORNEY TO PREPARE A RESOLUTION REQUESTING THE STATE LEGISLATURE TO ALLOW LOCAL CONTROL OF GUN REGULATIONS (Councilmember Cohen) A motion to direct the City Attorney to prepare a resolution requesting the State Legislature to allow local control of gun regulations was offered by Councilmember Cohen, seconded by Councilmember Holzberg and unanimously passed. DISCUSSION AND POSSIBLE MOTION TO DIRECT THE CITY ATTORNEY TO TAKE ACTION AGAINST MISLEADING REAL ESTATE ADVERTISEMENTS (Councilmember Perlow) A motion to direct the City Attorney to take action against misleading real estate advertisements was offered by Councilmember Perlow, seconded by Councilmember Rogers-Libert and unanimously passed. 11. REPORTS: Mayor Snyder announced the next Council Meeting and Workshop Meeting dates and also announced that a Town Hall meeting to discuss proposed plans for Aventura Founders Park will be held on March 17, 1997 at 7 p.m. at the Coronado Condominium. 12. PUBLIC COMMENTS: The following individuals addressed Council: Ruby Steiner, 20301 West Country Club Drive; Irving Schwartz, Turnberry Townhomes; Harry Crook, Commodore Plaza; and Sidel Schwartz, Waterview. There being no further business to come before Council at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 8:40 p.m. Approved by Council on Teresa M. Smith, CMC, City Clerk Anyone wishing to appeal any decision made by the City Council with respect to any mater considered at a meeting or hearing will need a record of the proceedings and, for such puffpese, may need to er~ure that a ,~e~batim record of the proceedings is mede, which record includes the testimony and evidence upon which the appeeJ is to be based. COUNCIL WORKSHOP MEETING MARCH 13, 1997 9:00 A.M. AVENTURA GOVERNMENT CENTER 2999 NE 191sT STREET SUITE 500 AVENTURA, FLORIDA The meeting was called to order by Vice Mayor Arthur Berger at 9:00 a.m. Present were Councilmembers Jay R. Beskin, Ken Cohen, Harry Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Arthur Berger, City Manager Eric M. Soroka, City Attorney David Wolpin and City Clerk Teresa M. Smith. Mayor Snyder arrived at 10:30 a.m. The following items were discussed: Sign Ordinance. Mr. Soroka noted that staff held a workshop regarding the proposed sign ordinance on Monday, March 10, 1997 with members of the business community. The following individuals addressed Council: Elaine Adler, Aventura Marketing Council; Alan Krischer, Esq., 1221 Brickell Avenue; Steve Pappas; Jeffrey Bercowitz, developer of Aventura Commons; Chet Diefendorfer; Stefano De Luca, Sports Authority; Ray Leightman, Northern Trust Bank; Jim Pappas, Biscayne Boulevard property owner; Cliff Schulman, Esq.; Rick Mars, 207th Street; Marvin Miller, Ross Stores; Milt Clumpus, Point East Plaza; Fern Kantor, Turnberry Isle Resort; Leonard Brenner; and George Berlin, Turnberry & Associates. Jaye Epstein, Community Development Director, explained the process used in preparing the proposed sign code. After extensive discussion, consensus of Council to direct City staff to organize a workshop with members of the business community, residents, and representatives of the Planning Advisory Board and report back to Council at the April 7, 1997 Workshop Meeting. In addition, it was the consensus of Council to separate the billboard regulations from the sign code ordinance and proceed as soon as possible with passage of an ordinance regarding billboards. FDOT Non-Conforming Uses Policy. Mr. Soroka explained that FDOT has requested the City's policy regarding non-conforming uses as a result of their "taking" land and relocating signs as a part of the Biscayne Boulevard widening project. Council requested the City Manager provide them a listing of all affected properties. This matter will be brought back for discussion at a future workshop. 3. American Cancer Society Request. Mr. Soroka brought to Council's attention the request of the American Cancer Society for a fundraising event, "Canines Conquering Cancer" to be held in the City. Consensus of Council that approval be granted for this event. 4. Arbor Day Program. Robert Sherman, Community Services Director, explained the proposed program for Aventura's Inaugural Arbor Day Ceremony tentatively planned for April 29, 1997. Consensus of Council to proceed. 5. Information Report - Road Restriping. Council was provided a schedule for re- striping of City streets and repair of asphalt which is scheduled to begin March 24, 1997. 6. Mid Year Staff Revisions. Council was advised of the need for mid-year staff revisions. Consensus to proceed. 7. Other Business. Mr. Soroka noted the Presidential visit scheduled for today at Turnberry Resort. He also updated Council on negotiations for property adjacent to Government Center and requested and received Council's direction to proceed with condemnation proceedings and City Attorney's office directed to provide cost estimates involved. Lola Thomas, 77 North Hibiscus Drive, property owner, addressed Council. Other items discussed included: status of the conversion of Williams Island Boulevard; the agenda for the Town Hall meeting scheduled to discuss Aventura Founder's Park; FPL franchise fee tax (to be addressed at the March 18, 1997 Council meeting); the new Sunny Isles city; and establishment of a City Historical Society (Councilmembers Rogers-Libert, Holzberg and Vice Mayor Berger to discuss and report back to Council. There being no further discussion, the meeting adjourned at 12 noon. Teresa M. Smith, CMC, City Clerk Approved by Council on 2 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council Recommendation to Select a Professional Planning Services Firm for Preparation of Comprehensive Plan and Land Development Regulation March 18, 1997 City Council Meeting Agenda Item RECOMMENDATION It is recommended that the City Council adopt the attached Resolution which selects the firm of Ivey, Harris & Walls, Inc. to perform professional planning services for the preparation of the City's Comprehensive Plan and Land Development Regulations. The Resolution also authorizes the City Manager to negotiate the scope of services and fees. BACKGROUND As previously discussed, the City issued an RFP for qualified professional planning firms to submit proposals to prepare the City's Comprehensive Plan and Land Development Regulations in accordance with the requirements of Florida Statutes. In accordance with the Consultants' Competitive Negotiation Act, Chapter 287.055, F.S. relative to the competitive selection of consultants, a Review Team consisting of the Community Development Director, Planner, Finance Support Services Director and City Manager was formed to receive and evaluate proposals and interview firms to prepare a recommendation to the City Council on the firm to perform the required work. The following is a brief summary of the action taken by the Team to arrive at our final recommendations: 1. An RFP advertisement requesting Professional Planning Services was placed in the newspaper and distributed to the vendor list. Memo to City Council Page 2 2. On January 31, 1997, proposals were publicly opened from the following firms: a. Walter H. Keller, Inc. b. Ivey, Harris & Walls, inc. c. Bermello-Ajamil & Partners, Inc. d. Richard Rubin & Associates e. Keith & Schnars, P.A. 3. A shortlist of the following firms was developed and representatives for the firms were interviewed by the Team on February 28 and March 3, 1997: a. Walter H. Keller, inc. b. Ivey, Harris & Walls, Inc. c. Bermello-Ajamil & Partners, Inc. 4. Based on the interview, each Team member ranked the firms independently and then reached a decision to recommend one firm to the City Council with one alternate that would be called upon, should we fail to reach favorable terms with the top ranked firm. Based on the process, we recommend that the firm of Ivey, Harris & Walls, Inc. be selected to perform professional planning services as required by the RFP. In the event we cannot come to favorable terms, as far as scope of services and fees, we recommend the firm of Bermello-Ajamil & Partners, Inc. Although most of the firms who make written and oral presentations are well qualified, we recommend the firm Ivey, Harris & Walls, Inc. for the following reasons: 1. Experience with other start-up cities. 2. Overall firm strength in all areas of expertise required by the City. 3. Responsiveness and quality of prior work. 4. Ability to complete schedule in a timely manner. 5. Extensive experience in economic development programs waterfront communities. including Since the City's Comprehensive Plan will emphasize an economic redevelopment element it was important to obtain a firm with extensive experience. I am confident that they would provide the services expected by the City Council to prepare our Comprehensive Plan and Land Development Regulations. Memo to City Council Page 3 Now that the Team has completed its work, the following actions are necessary to complete the process: Adopt the attached Resolution, which services three (3) specific purposes. First, the specific consultant firms are selected. Second, it authorizes the City Manager to negotiate the scope of services and fees to be charged with said firm. Third, it establishes another firm as an alternate, should we be unable to reach favorable terms with the selected firm. After the scope of services and fees are negotiated, a resolution will be presented to the City Council at the next meeting that details the scope of services and fees to be charged for both engineering and building inspection services. Copies of all proposals received are available for your inspection in the City Manager's office. Should you have any questions, please feel free to contact me. EMS/aca Attachment CC0251-97 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, SELECTING THE FIRM OF IVEY, HARRIS & WALLS, INC. TO PERFORM PROFESSIONAL PLANNING SERVICES RELATIVE TO RFP NO. 97-1-31-2, COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS; AUTHORIZING THE CITY MANAGER OF THE CITY OF AVENTURA, FLORIDA, ON BEHALF OF SAID CITY, TO NEGOTIATE THE TERMS AND FEES FOR SAID WORK; AUTHORIZING NEGOTIATIONS WITH ALTERNATE FIRM TO PERFORM THE REQUIRED SERVICES SHOULD NEGOTIATIONS WITH SELECTED FIRM BE UNSUCCESSFUL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Aventura, in accordance with applicable State law, has requested proposals from firms for services relative to Professional Planning Services; and WHEREAS, said proposals were evaluated by a Review Team consisting of the Director of Community Development, Planner, the Director of Finance Support Services, and the City Manager; and WHEREAS, said Review Team recommends the selection of the firm of Ivey, Harris & Walls, Inc. based on said firm's experience and qualifications; and WHEREAS, said Review Committee recommends the selection of the firm of Bermello, Ajamil & Partners, Inc. should the City be unable to reach favorable terms with Ivey, Harris & Walls, Inc.; and WHEREAS, the City Council desires to authorize the City Manager to negotiate scope of services and fees with the recommended firm, and with the alternate firm, should negotiations with the recommended firm be unsuccessful. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The firm of Ivey, Harris & Wails, Inc. be and the same is hereby selected to perform Professional Planning Services for the City relative to RFP No. 97- 1-31-2, Comprehensive Plan and Land Development Regulations. Section 2. The firm has been selected on the basis of its experience and qualifications and has not finalized a fee structure with the City. Therefore, the City Manager shall immediately negotiate the scope of services and basis of fees with said firm. Resolution No. Page 2 Section 3. The basis of fees above described shall be negotiated by the City Manager and approved by the City Council prior to said firm beginning any labor or work for which the City may later be billed. Section 4. In the event the City is unable to come to favorable terms and fees with the firm of Ivey, Harris & Walls, Inc., the City Manager is hereby authorized to negotiate scope of services and fees with the alternate firm of Bermello, Ajamil & Partners, Inc. Section 5. This Resolution shall become effective immediately upon its adoption. who The foregoing resolution was offered by Councilmember , moved its adoption. The motion was seconded by Councilmember ., and upon being put to a vote, the vote was as follows: Councilmember Jay R. Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey M. Perlow Councilmember Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder PASSED AND ADOPTED this 18th day of March, 1997. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA INVITATION TO SUBMIT PROPOSALS 97-1-31-2 COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS SUBMITFAL DATE: JANUARY 31, 1997 2:00 P.M. REQUEST FOR PROPOSALS RFP#97-1-31-2 CITY OF AVENTURA COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS In accordance with the Consultants' Competitive Negotiation Act, Chapter 287.055, F.S., the City of Aventura invites qualified Professional Planning firms to submit proposals to prepare a Comprehensive Plan and Land Development Regulations for the City in accordance with the requirements of Florida Statutes, Chapter 163 and Department of Community Affairs Administrative Rules 9J-5, Part II. Interested firms should pick-up the Invitation to Submit Proposals package at the following location: Office of the City Manager City of Aventura 2999 N. E. 191 Street Suite 500 Aventura, FL 33180 Submittals must be received no later than 2:00 p.m. on January 31, 1997 and clearly marked on the outside "COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS." Late submittals will not be accepted. INVITATION TO SUBMIT PROPOSALS SUBJECT: OPENING DATE & TIME: SUBMIT TO: RFP NUMBER: Comprehensive Plan and Land Development Regulations January 31, 1997 @ 2:00 P.M. Office of the City Manager City of Aventura 2999 N.E. 191 Street, Suite 500 Aventura, Florida 33180 97-1-31-2 I. INTRODUCTION 1. PROJECT The City of Aventura, Florida is requesting proposals from professional planning consultants to prepare a "Comprehensive Plan" and/or Land Development Regulations for the City in accordance with the requirements of Florida Statutes, Chapter 163 and Department of Community Affairs Administrative Rule 9J-5, Part I1. As described more fully in Section II, services will include all research, compilation and analyses of data, coordination of public participation procedures, participation at public heatings, preparation of plan elements and accompanying or supporting maps, graphics, reports, data and exhibits, and related services necessary or desirable to develop a Comprehensive Plan and/or Land Development Regulations in accordance with applicable statutory and regulatory requirements. 2. BACKGROUND AND DESCRIPTION OF THE CITY OF AVENTURA Aventura is an incorporated municipality in Dade County, Florida of approximately 3.5 square miles. The City was incorporated in November, 1995. Prior to incorporating the area comprising the City was within unincorporated Metropolitan Dade County and governed pursuant to Metro-Dade County's Home Rule Charter. The City is governed by a seven member Council and has established a Planning Advisory Board to provide recommendations relative to the Comprehensive Plan process. The boundary of the City is as follows: North Boundary South Boundary East Boundary West Boundary Dade County Line N.E. 176 Street Intemostal Waterway FEC Railroad Tracks Attached as Exhibit "A" to this Request for Proposals is a map of Aventura. II. SCOPE OF SERVICES The services to be rendered by the consultant in connection with the proposed project are as follows: A. Comprehensive Plan 1) Preparation of a Comprehensive Plan for adoption by the City Council and submission to and approval by the Department of Community Affairs, all in accordance with Florida Statutes, Chapter 163, Part II, Flodda Administrative Code, Chapter 9J-5, and other applicable laws and regulations. The consultant's services will not be deemed complete until such time as the Comprehensive Plan has been finally approved by the Department of Community Affairs. Consultants shall perform all services necessary to present, revise (if necessary) and finalize the Comprehensive Plan with all applicable governmental agencies. 2) The Comprehensive Plan is expected to exceed minimal compliance standards, and to include extensive and detailed graphic materials and supporting text. 3) The consultant shall perform reseamh, compile and analyze data, coordinate public participation, participate in public heatings, prepare mandatory and, if applicable, any optional plan elements and accompanying or supporting maps, graphics, reports, data and exhibits, and shall perform all related services as may be necessary or desirable to develop a Comprehensive Plan in accordance with applicable statutory and regulatory requirements. In addition, the City desires to prepare an Economic Development Optional Plan elements. 4) The consultant shall be responsible for providing that all data, exhibits or reports accompanying or supporting the Comprehensive Plan are current, reliable, valid and reflective of local conditions on or affecting the City. 5) The consultant shall assist in public participation opportunities, emphasizing extensive community contact, in accordance with public participation procedures as adopted by the City Council and City Manager. Consultant shall closely coordinate all steps in the development of the Comprehensive Plan with the City Manager and staff. 6) The Comprehensive Plan is to be based on and tailored specifically to the City's particular present and projected conditions, needs and future growth and development. 7) The Comprehensive Plan will be developed within a reasonable time period which, when combined with the formulation of Land Development Regulations, shall enable the City to comply with the time periods imposed by Florida law. The Comprehensive Plan must be provided in a time frame which allows for adoption on or before November 7, 1998. 8) The consultant shall conduct at least one "visioning" session with the City Council, Planing Advisory Board and staff. The purpose of the session is to determine and establish expectations and preliminary priorities. The input received shall be used by the consultant to formulate the goals, objectives and policies of the Comprehensive Plan. B. Land Development Regulations 1) Upon a determination by the Department of Community Affairs that the City's Comprehensive Plan is in compliance and consistent with Florida Statutes, the consultant shall begin the preparation of the Land Development Regulations to implement the approved Comprehensive Plan. The consultant shall have said Land Development Regulations ready for adoption by the City Council within six (6) months of the Department of Community Affairs' approval of the Comprehensive Plan. 2) Preparation of the Land Development Regulations for adoption by the City Council and submission to and approval by the Department of Community Affairs, all in accordance with Florida Statutes, Chapter 163, Part II, Florida Administrative Code, Chapter 9J-5, and other applicable laws and regulations. The consultant's services will not be deemed complete until such time as the Land Development Regulations have been finally approved by the Department of Community Affairs. 3) The Land Development Regulations are expected to exceed minimal compliance standards, and to include extensive and detailed graphic materials and supporting text. 4) The consultant shall perform reseamh, compile and analyze data, coordinate public participation, participate in public hearings, prepare mandatory and, if applicable, any optional plan elements and accompanying or supporting maps, graphics, reports, data and exhibits, and shall perform all related services as may be necessary or desirable to develop land Development Regulations in accordance with applicable statutory and regulatory requirements. 5) The consultant shall be responsible for providing that all data, exhibits or reports accompanying or supporting the Land Development Regulations are current, reliable, valid and reflective of local conditions on or affecting the City. 6) The consultant shall assist in public participation opportunities, in accordance with public participation procedures as adopted by the City Council. Consultant shall closely coordinate all steps in the development of the Land Development Regulations with the City Manager and staff. III. SUBMITTAL REQUIREMENTS 1. DEADLINE FOR SUBMITTALS City Manager, at City of Aventura, 2999 N.E. 191 Street, Suite 500, Aventura, Flodda 33180 by Fdday, January 31, 1997 at 2:00 p.m. Proposals submitted after that date and time will not be considered. 2. NUMBER OF COPIES Ten (10) copies of the entire proposal must be submitted. 3. PROPOSALS The proposals shall contain two separate sections. The first section should address and be limited to the consultant's qualifications. The second section should address the specific work proposed by the consultant. A. Qualifications. The respondents are required and shall submit the following information with regard to qualifications to prepare a Comprehensive Plan and/or Land Development Regulations. 1) Bibliography of projects in which services were rendered under the same name as the respondent submitting the proposal (any deviation from this must be ac. companied by evidence which demonstrates that the principal members of the firm credited with the project in the bibliography are substantially the same as those submitting the proposal). Each project listed in the bibliography shall include the following information: a) Municipality / Company; b) Description; c) Client; d) Cost of Project; e) Time Period for Project (specify different phases, if applicable); f) Specific Service performed by the firm submitting the proposal and principal in charge; g) Whether or not the firm was the principal firm in charge of project, if not, the name of the principal firm; and h) References in the form of a contact person familiar with the project and the services performed by the firm (list name, address, and phone number of contact person). In the case of team submittals or joint venture submittals, the bibliography shall clearly specify which individual firm was responsible for the project listed. 2) Describe the specific key individuals you propose to assign to the project, including a project manager and other key personnel. Provide a resume for each named individual with title, project assignment, name of firm with which associated, years of experience, education and professional registration. Indicate the pementage of each of these individual's time which will be devoted to the project. 3) A current and completed Standard Form 254 and 255. 4) List of all Comprehensive Plans and Land Development Regulations prepared by the respondent pursuant to Florida Statutes, Chapter 163 and whether the plans were approved by the Department of Community Affairs and whether any amendments were required before DCA approval was given. ~ 5) A list of up to five references (with phone numbers) relating to recent relevant planning work. 6) Identification of all sub-consultants and joint venturers who are to participate in the project, including the respective tasks they are to perform and evidence of their qualifications, including all the materials and information requested in Items A1 through 5. 7) Identify optional plan elements which consultant proposes for consideration by the City. 6) Specify the proposed fee for the work to be performed by consultant. Proposed fees shall be submitted on a lump sum basis; if any costs will be charged in addition to fees (such as travel expense, copying costs, courier charges, application fees, and any other "out of pocket expenses"), then the charges for such out of pocket costs should be specified. Time periods or phases for invoicing and payments should also be specified. If it is anticipated that additional services may be required by he City, specify the fees and costs, if any, which would be applicable to the additional services and whether such additional services are proposed on an hourly fee or lump sum fee basis. Give examples of what additional services might consist of in conjunction with the proposal which is made for basic services. Proposals. The respondents are required and shall submit proposals for the preparation of a Comprehensive Plan and/or Land Development Regulations which, at a minimum, shall include the following: 1)' A description, not to exceed three 8 ½ x 11 single spaced typed pages, of the respondent's work program which shall include methodology, opportunity for public review, coordination with City staff, approximate time schedules and the approach and manner in which the requirements of Chapter 163, Part II and Rule 9J-5 will be fulfilled. 2) Describe the organization that you plan to create for the purpose of working on this project, including staff and their duties, location of officers and methods of communicating information to the City Manager. Descdbe how consultants will be integrated into the organization of the project. 3) Provide an organization chart showing functional relationship between you and your consultants or staff. Show the lines of authorization and assignments or responsibility. Indicate the expected participation of top management. 4) Sample of adopted or proposed Comprehensive Plans and Land Development Regulations prepared by respondents for other similar communities. 5) Specify the proposed fee for the work to be performed by consultant. Fees shall be submitted on a lump sum basis; if any cost will be charged in addition to fees (such as travel expense, copying costs, courier charges and any other "out of pocket expenses"), then the charges for such out of pocket costs shall be specified. Time periods or phases for invoicing and payments should also be specified. If it is anticipated that additional services may be required by the City, specify the fees and costs, if any, which would be applicable to the additional services and whether such additional services are proposed on an hourly fee or lump sum fee basis. Give examples of what additional services might consist of in conjunction with the proposal which is made for basic services. 4. INQUIRIES Any inquiries by respondents should be directed to Jaye Epstein, Community Development Director, 2999 N.E. 191 Street, Suite 500, Aventura, Florida 33180 (305) 466-8943 or Fax (305) 466-8949. IV. GENERALTERMS 1. CITY RIGHTS The City reserves the right to accept or reject any and all proposals and items in the proposals, as well as the dght to waive irregularities and technicalities. The City reserves the dght to reject all bids or proposals and to re-bid the project which is described in this Request for Proposals, with or without changes in the scope of the project or in the specifications for the project. The City shall be the sole judge of a proposal and the resulting negotiated agreement that is in its best interest, and its decision shall be final. Any documentation, products, etc. produced for the City or for use on the City's project are the property of the City and will be tumed over to the City upon completion. Use of the above City property may not be used in other non-related projects without pdor consent from the City. Notwithstanding any product documentation becoming the property of the City, all expenses incurred in connection with the preparation and submission of said production shall be bome by the preparer. Proposers are hereby notified that all information submitted will be available for public inspection after opening of proposals in compliance with Chapter 286 of the Florida Statutes (Sunshine Laws). 2. SWORN STATEMENT OF PUBLIC ENTITY Each respondent shall be required, pursuant to Section 287.133 (3)(a), Florida Statutes, to execute a "Sworn Statement on Public Entity Crimes" (Form FUR 7068) prior to the execution of a contract resulting from this Request for Proposals. By executing this sworn statement, the respondent is affirmatively stating that neither it nor an affiliate (as defined in the statute) has been convicted of a public entity crime, and that it is not barred from entering into a contract with the City. The respondent further acknowledges that any misstatement or misrepresentation of fact, lack.of compliance with the statute, or subsequent conviction of a public entity crime shall result in the contract being null and void and/or subject to immediate termination by the City. In the event of such termination, the City shall not incur any liability for any work or materials furnished by the respondent when functioning as a contractee with the City. BROWARD COUNTY DADECOUNTY NE 207 ST IVES DAIRY RD }NE 11~3 ST LEGEND mm AVENT~I~{~AY~E NEI~S'r~.. ..... Exhibit AVENTURA THE CITY OF EXCELLENCE REQUEST FOR PROPOSALS 97-1-31-2 Comprehensive Plan & Land Development Regulations Prepared for: CITY OF AVENTURA Office of the City Manager 2999 N.E. 191 Street, Suite 500 Aventura, Florida 33180 (305) 466-8900 Prepared by: IVEY, HARRIS & WALLS, INC. 631 S. Orlando Avenue, Suite 200 Winter Park, Florida 32789 (407) 629-8880 Ivey, Harris & Walls, Inc. PLANNING · ENGINEERING · LANDSCAPE ARCHITECTURE January 30, 1997 Mr. Eric Soroka City Manager City of Aventura 2999 N.E. 191 Street Suite 500 Aventura, Florida 33180 RE: City of Aventura Comprehensive Plan & Land Development Regulations Request for Proposal # 97-1-31-2 Dear Mr. Soroka: Ivey, Harris & Walls, Inc. (IH&W) appreciates the opportunity to express our keen interest in providing comprehensive planning services to the new City of Aventura. IH&W is a multi-disciplinary consulting firm with significant experience in the preparation of local government Com- prehensive Plans and public/private development regulations. We also offer the perspective of a firm that not only has prepared such regulations, but has significant experience in their implementation via our land development functions. After a review of our submittal package, you will find that IH&W is: · Highly qualified for this job. Our assigned individuals meet or exceed the needed qualifications. · Very experienced with similar projects with public sector entities in the State of Florida. · Uniquely creative and practical in our approach to take on each planning issue and concern through a problem solving process with our team of professionals. · Ready to hit the ground running. With our growing knowledge of the City and availability of staff, we can and will effectively accommodate this project through completion. · Committed to performing this effort in a timely manner and within budget. We are confident that this information will assist you in the selection of a professional planning consultant. We welcome the opportunity to personally share with you our ideas for the project. Thank you for your consideration. Sincerely, f~ IVEY, HARRIS & WALLS, INC. IVEY, HA~IS & W//~S, INC. a: ~joel ~. ivey '"~'~/ B. Gary Dickens, Al t President / · Project Manager · 631 S. Orlando Ave. · Suite 200 Winter Park. FL 32789 , Phone: 407,629.8880 Fax: 407,629*7888 I Orlando · Los Angeles TABLE OF CONTENTS Professional Qualifications Work Experience Related Projects- IH&W and Subconsultants List of Comprehensive Plans & Land Development Regulations Current Workload Work Sample Resumes Project Team Resumes Subconsultants Standard Forms 254 and 255 References Scope Response Approach Work Program Optional Elements Schedule Key Personnel Organizational Chart Fees Proposed Fees Documents Public Entity Crimes Form The City of Aventura anc/ Irc);, Harris & Wa#s,/nc. Team of /~.vcellenc~ Professional Qualifications Related Projects -IH&W With in-house planning, environmental and engineering experience, IH&W has the demonstrated ability to execute the City of Aventura's required tasks in a professional and timely manner. The following abstract of projects illustrates the variety of experience IH&W staff brings to this project: Project: Municipality: Description: Client: Period of Project: Total Cost: Specific Service: Principal Firm: Project Manager: Project Planner: Reference: City of Miramar Evaluation and Appraisal Report City of Miramar (Broward County, Florida) IH&W was involved in the entire process of this state-mandated, five-year review of the City of Miramar's Comprehensive Plan. Each Element of the Comprehensive Plan was updated with current data obtained from those agencies and entities that currently provide services to the City. The goals, obiectives and policies of the City's adopted Plan were analyzed to determine the degree of success and accomplishment, and any areas that needed improvement. All multi-disciplinary aspects of this project were completed in-house. The EAR was found to be sufficient by the Florida Department of Community Affairs (DCA). City of Miramar Completed April 1996 $36,000 Professional Planning IH&W B. Gary Dickens, A[CP Todd J. Pokrywa Mr. Jaye Epstein, AICP Director of Community Development City of Aventura 2999 N.E. 191 Street, Suite 500 Aventura, Florida 33180 (305) 466-8900 Project: Municipality: Description: Client: Project Period: Total Cost: Specific Service: Principal Firm: Project Manager: Project Planner: ~he City of Aventura and Ivey Harris & 14/ails, Inc. City of Satellite Beach Evaluation and Appraisal Report City of Satellite Beach (Brevard County, Florida) iH&W prepared the state mandated Evaluation and Appraisal Report for the City of Satellite Beach. The firm has been involved in the entire process of the review of the City's Comprehensive Plan. Each Element of the Comprehensive Plan was updated with current data obtained from those agencies that currently provide services to the City. The goals, objectives and policies of the City's adopted Comprehensive Plan were analyzed to determine the degree of success and accomplishment, and any areas in need of improvement. All multi-discipline aspects of this project were completed house. The Department of Community Affair's preliminary review indicates a minimal need for revision in terms of sufficiency. City of Satellite Beach February 1996 - February 1997 $3O, O0O Professional Planning IH&W B. Gary Dickens, AICP Todd I. Pokrywa 1'earn of Excellenc~ Mr. Michael Crotty, City Manager City of Satellite Beach 565 Cassia Boulevard Satellite Beach, Florida 32937 (407) 773-4407 Municipality: Description: Client: Project Period: Total Cost: Specific Service: Principal Firm: Project Manager: Project Planner: Reference: City of Ormond Beach Evaluation and Appraisal Report City of Ormond Beach (Volusia County, Florida) IH &W is currently completing the state mandated five year review of the City of Ormond Beach's Comprehensive Plan. The City's approximate 1,500 goal, objective, and policy statement s have been analyzed to determine the degree of success and accomplish- ment, and any areas that need improvement. Each Element of the Comprehensive Plan was also updated with current data obtained from those agencies that currently provide services to and within the City. All multi-disciplinary aspects of this project were com- pleted in-house. City of Ormond Beach March 1996 - April 1997 $36,000 Professional Planning IH&W B. Gary Dickens, AICP Todd J. Pokrywa Mr. Clay Ervin, AICP Director of Planning 22 South Beach Street Ormond Beach, Florida 32175 (904) 676-3238 Project Name: Municipality: Description: Client: Project Period: Total Cost: Specific Service: Principal Firm: Project Manager: Project Planner: City of Deltona Comprehensive Plan & Land Development Regulations City of Deltona (Volusia County, Florida) IH &W is in the process of developing a local comprehensive plan for the City of Deltona that would meet all of the applicable requirements in Chapter 163, Florida Statutes and Chapter 9J-5 of the Florida Administrative Code. IH&W solicited Ed Preston and Asso- ciates to assist in identifying a common "vision" for the City's plan. A number of peri- odic informal workshops and charettes will be utilized throughout this visioning pro- cess. The IH&W team intends on melding the data and analysis portion of the study with the public participation efforts to develop and finalize the goals, objectives and policies of the Deltona Plan. IH&W is also preparing the City's Concurrency Manage- ment System and comprehensive set of land development regulations in accordance with Florida statutory and administrative code requirements. City of Deltona June 1996 - May 1998 $120,000 Professional Planning IH&W B. Gary Dickens, AICP Todd T. Peetz, AICP Project Name: Mr. Bob Nix, Director of Planning City of Deltona 800 Deltona Blvd. Second Floor Deltona, Florida 32728 (904) 860-2911 Celebration New Town Company: Description: Client: Project Period: Total Cost: Specific Service: Principal Firm: Project Manager: Reference: Disney Development Company (Osceola County, Florida) This project is Disney's new town, located in Osceola County, Florida. IH&W obtained approvals for the Celebration DRI, a major Comprehensive Plan amendment, and zoning of this mixed-use project, including 1.5 million square feet of retail, 8,000 resi- dential units, 2.0 million square feet of office development, three golf courses and a Town Center within an 8,000 acre tract. IH&W also assisted in analyzing the project's affordable housing impact and in preparation of the town development guidelines. Disney Development Company Completed January 1995 $500,000 Professional Planning IH&W Joel A. Ivey Ms. Brenda Eckmair Disney Development Company 200 Celebration Place Celebration, Florida 34747 (407) 939-4024 Project Name: Municipality: Description: Client: Project Period: Total Cost: Specific Service: Principal Firm: Project Manager: Reference: City of Longwood Comprehensive Plan and Land Development Regulations City of Longwood (Seminole County, Florida) IH&W assisted the City of Longwood in the preparation of the LGCP pursuant to Chap- ter 9J-5, EA.C. This effort included work on all Elements and the negotiation of issues relative to DCA's ORC report. The plan was found to be in compliance. Subsequently, the firm was responsible for preparing an updated, unified set of local development regulations to include subdivision and zoning requirements. City of Longwood 1985 - 1991 $90,0O0 Professional Planning IH&W Javier Omaha Mr. John Brock City of Longwood 175 West Warren Avenue Long, wood, Florida 32750 (407) 260-3440 Project Name: Company: Description: University of Central Florida Comprehensive Master Plan University of Central Florida (Orlando, Florida) IH&W completed four Elements of the University's Comprehensive Master Plan: Con- servation, Infrastructure, Utilities and Recreation/Open Space. Patterned directly after Chapter 9J-5 requirements, the 1995 campus plan update is very similar to local gov- ernment planning efforts. ~'he City of Aventura and Ivey, Harris & Wa/Is,/nc. Team of i:xcellence Client: Project Period: Total Cost: Specific Service: Principal Firm: Proiect Manager: Reference: University of Central Florida Completed September 1995 $65,000 Professional Planning IH&W B. Gary Dickens, AICP Mr. Peter Newman University of Central Florida Facilities Planning EO. Box 25000 Orlando, Florida 32816 (407) 823-2166 Project Name: Company: Description: Client: Project Period: Total Cost: Specific Service: Principal Firm: Project Manager: Reference: Coraci Project Ownens and Riggio, EA. V.J. Coraci owns several thousand acres in Volusia, Brevard and Indian River Coun- ties. IH&W s role nvolved preparing master pans for these different holdings. The master plans were incorporated into various 9J-5 Comprehensive Plans of several local governments. Owens and Riggio, EA. 1992 - present Varied Professional Planning IH&W B. Gary Dickens, AICP J. Samuel Owens, ir. Owens and Riggio 125 North Ridgewood Avenue Second Floor Daytona Beach, Florida 32114 (904) 252-3004 Project Name: Municipality: Description: Client: Project Period: Total Cost: Specific Service: Principal Firm: Project Planner Reference: Miami Shores Village Evaluation and Appraisal Report Miami Shores Village (Dade County, Florida) Prepared the EAR Work Program Products pursuant to the City's contract with the Department of Community Affairs. Miami Shores Village April 1995 - August 1995 $2O,224 Professional Planning Robert K. Swarthout, Inc. Todd J. Pokrywa Mr. Thomas J. Benton Assistant City Manager Miami Shores Village 10050 N.E. 2nd Avenue Miami Shores Village, Florida 33138 (305) 795-2207 The City of Aventura and Iveg Harris & Walls, Inc. Team of Excellence Project Name: Municipality: Description: Client: Project Period: Total Cost: Specific Service: Principal Firm: Project Planner: Reference: Town of Surfside Evaluation and Appraisal Report Town of Surfside (Dade County, Florida) Prepared the EAR Work Program Products pursuant to the Ci's contract with the Department of Community Affairs. Town of Surfside April - August 1995 $20,224 Professional Planning Robert K. Swarthout, Inc. Todd J. Pokrywa Mr. Jeffrey Naffal Town of Surfside 9293 Harding Avenue Suffside, Florida 33154 (305) 861-4863 Project Name: Municipality Description: Client: Project Period: Total Cost: Specific Service: Principal Firm: Project Planner: Reference: City of Miami Springs Evaluation and Appraisal Report City of Miami Springs (Dade County, Florida) Assisted in the preparation of the EAR Work Program Products pursuant to the City's contract with the Department of Community Affairs. City of Miami Springs April 1995 - August 1995 $20,224 Professional Planning Robert K. Swarthout, Inc. Todd J. Pokr~va Mr. Steve Johnson City of Miami Springs 201 Westward Drive Miami Springs, Florida 33166-5259 (305) 885-4581 The Cl~y of Aventura and Ivey, Harris & Walls, lac. Related Projects-Subconsult nts Ed Preston & Associates, Planning Facilitators Project Name: Lake Monroe Master Plan - Community Consensus Municipality: City of Sanford, Florida Description: Facilitation of a four meeting process over several months involving over 100 citizens to develop a consensus vision for the City's waterfront. The process led small groups in exploring the City's past, its defining moments, its strengths and weaknesses, character, potential, its targeted customer and its untapped resources. Client: City of Sanford, Florida Project Period: 60 days Total Cost: $5,000 Specific Service: Project Facilitation Project Manager: Ed Preston, Principal In Charge Reference: Jay Marder, Director of Planning and Development PO. Box 1788 Sanford, FL 32772-1788 (407) 330-5670 Project Name: Municipality: Description: Project Period: TotaI Cost: Project Manager: Reference: Mayor's Cecil Field Base Conversion Commission Consensus & Redevelopment Plan City of Jacksonville, Florida Facilitation of a 30-member body of appointed and elected, private and public officials to establlsh a consensus among the members on redevelopment themes the Navy base slated for closure in 1996. The process esub[ished a functional, resource assessment and a prioritized list of ideas for redevelopment themes. 1 day $1,500 Ed Preston, Principal In Charge Herb McCarthy, Commission Director 128 East Forsyth Street, Suite 500 Jacksonville, FL 32202 (904} 630-4787 Durkeeville - Myrtle Avenue Community Master Plan Study Project Name: Municipality: Description: Project Period: Total Cost: Project Manager: Reference: City of Jacksonville, Florida Design & facilitation of community meetings and responsibility for building community partnerships among businesses and institutions in this Iow income, inner city neighbor~ hood of more than four thousand citizens. The planning study resulted from a federally funded H.O.RE. VI grant and serves as a basis for a $20M implementation grant. 9 months $5,500 Ed Preston, Principal ~n Charge (Sub-Consultant to Urban League/Renaissance Design Build Group) Lew Belkin, Project Director Jacksonville Housing Authority 1085 Golfair Boulevard Jacksonville, FL 32209 (904) 766-5313 The CIO~ of Aventura and lve~ Harris 8, Walls, Inc. Project Name: Municipality: Description: Project Period: Total Cost: Project Manager: Reference: City of Oak Hill Vision Process City of Oak Hill, Florida Design & facilitation of a day long vision workshop for about 40 citizens of this small, Volusia County town facing maior economic difficulties due to a recently passed state- wide ban on gill net fishing nets. The process enabled citizens to see past current events and envision a preferred future. 1 day $1,5O0 Ed Preston, Principal-In-Charge Murray Kaplan Planning and Development 1200 East Moody Boulevard, #2 Bunnell, FL 32110 (904) 437-7484 2'he Clt~' of Aventura ~d Ivey, H~rris & Walls, lac. Fearn of Excellence Comprehensive Plans & Land Development Regulations The following is a list of all comprehensive plans and land development regulations prepared by key employees of the firm. All projects were approved bythe Department of CommunityAffairs (DCA), with the exception of those marked by an asterisk (*). Those currently are being prepared or reviewed by DCA. Comprehensive Plans/Support Documents per 9J-5, FAC: · City of Deltona* · Town of Lauderdale-by-the-Sea · City of Fort Lauderdale · City of Pompano Beach · City of Delray Beach · City of Boynton Beach · Town of Hillsboro Beach · City of Riviera Beach · City of Oakland Park · City of Longwood · University of Central Florida Evaluation & Appraisal Reports of Comprehensive ?laus per 9J-5, FAC: · Miami Shores Village · Town of Surfside · City of Miami Beach · City of Miami Springs · City of Sunrise · City of Miramar · City of Satellite Beach · City of Ormond Beach* Land Development Regulations / Subdivision Regulations: · City of Deltona* · Town of Celebration · Osceola Corporate Center DRI · North Point DRI · VectorSpace DRI · Sawgrass Commerce Park · Osceola Trace DRI · City of Longwood · City of Sanford The CiOz of Aventura and Ivey, PI~rI$ & Walls, Inc, Team of ~xcellencc Current Workload KEY PROJECT NAME DURATION % OF % PERSONNEL TIME AVAILABLE USED Joel A. Ivey Osceola Corporate Center 11 months 15 % 65 % Principal- Ruby Lakes Ranch 3 months 15 % in-Charge US 17/92 Redevelopment Plan 4 months 15 % B. Gary Dickens City of Deltona Comprehensive 14 months 10 % 70 % Project Manager Plan US 17/92 Redevelopment Plan 6 months 15 % Jensen Beach Riverwalk 5 months 5 % Todd J. Pokrywa Satellite Beach EAR-based 1 year 10 % 60 % Project Planner Amendment Ormond Beach EAR 3 months 10 % US 17/92 Redevelopment Plan 6 months 15 % Northpolnt DRI on-going 10 % Melinda Claybrook US 17/92 Redevelopment Plan 6 months 60 % 40 % Project Planner Carolyn R. Schultz Jensen Beach Riverwalk 5 months 5 % 60 % Environmental DuPont vs. Smith 5 months 5 % Specialist Florida Hospital 2 months 10 % University of Central Florida on-going 5 % Gateway Commons on-going 5 % City of Deltona Comprehensive 4 months 5 % Plan Home Depot 3 months 5 % Shannon M. Carter Osceola Corporate Center on-going 25 % 55 % Environmental Belz Center 9 months 10 % Specialist USG Properties 6 months 10 % Fraser S. Howe, Jr., E-Zone Universal City, Florida 1 month 25 % 60% P.E. Universal Back of House 5 months 10 % Project Engineer Corporate Park of Coral Springs 2 months 5% Daryl Richard Ruby Lakes Ranch 3 months 10 % 40 % Graphics Support Sanford Airport 1 month 50 % The City of Aventura and Ivey, Harris & Wails, Inc. Team of ~cel/ence Work Samp_le Two work samp]es of IH&W projects related to Comprehensive Plans and Land Development Regula- tions is submitted with this proposal. First, the Cit? of Satellite Beach Evaluation and Appraisal Report of the Comprehensive Plan if an example of our firm's recent Comprehensive Planning work. Second, the Sign Gu;delines for the Town of Celebration provides an example of the format and graphics possible for Aventura's Land Development Regulations. Team of ~-xcellence ]"he City of Aventura and Ivey, Harris & Wa#& Inc. Project Team Resumes JOEL A. IVEY, PRESIDENT PRINCIPAL-IN-CHARGE EDUCATION M.S., Environmental Planning, Georgia Institute of Technology B.A., History/Political Science, Birmingham Southern College BACKGROUND As president and a founder of the company, Joel Ivey brings a wealth of knowledge and experience to the firm and to clients' projects. Mr. Ivey primarily directs firm services for Developments of Regional Impact and other major project design and permitting. His core team has worked together for several years and has been responsible for the approval of nearly eleven million square feet of office development, three million square feet of retail development, thirteen thousand residential units and seven thousand hotel rooms. His success in winning approvals is partially attributable to the seven years Mr. Ivey served with the East Central Florida Regional Planning Council. As General Planning Director for the Planning Council, Mr. Ivey reviewed over 45 DRI applications and served as primary staff liaison in negotiating final develop- ment orders. He also wrote the currently utilized Rules of Review and the Regional Issues List of the East Central Florida Regional Planning Council as currently adopted in the Florida Administrative Code. Mr. Ivey has also prepared and processed several PUD applications, as well as major amendments to com- prehensive plans, pursuant to 9J-5 Florida Administrative Code. In addition to project management, Mr. Ivey has been called upon to provide expertise on environmental regulations by the Senate Natural Resources Committee and the Department of Community Affairs. He has been a regular instructor in Florida Chapter Growth Management seminars. PROJECT EXPERIENCE Disney's Celebration DRI, Comp Plan Amendment and PUD, Osceola County, Florida - Project Manager DuPont Centre, Orlando, Florida--DRI Manager and authorized agent Lake Mary Retail Center, Seminole County, Florida--DRI Project Manager and authorized agent VectorSpace Mixed Use Development, Brevard County, Florida--DRI Project Manager and authorized agent Northpoint Office Park, Lake Mary, Florida--DRI Project Manager and authorized agent Osceola Trace Mixed Use Development, Osceola County, Florida--DRI Project Manager and authorized agent Osceola Corporate Center, Osceola and Orange Counties, Florida--Project Manager and authorized agent Seminole Mall, Seminole County, Florida--DRI Project Manager and authorized agent ABACOA DRI, Jupiter, Florida--Owner's Consultant (the MacArthur Foundation) AFFILIATIONS AND CIVIC APPOINTMENTS National Association of Industrial and Office Parks (Board of Directors) Urban Land Institute American Planning Association Board of Directors of Economics Club of Orlando The CI~y of Aventura and Ive~, H~ri$ & Walls, lac. Team of ~xcellence B. GARY DICKENS, AICP PROJECT MANAGER EDUCATION B.A., Department of Geography, University of Florida, 1978 Supplemental Courses--Federal Highway Administration and Florida Dept. of Transportation BACKGROUND Mr. Dickens has an in-depth, 17-year background in Florida planning applications. As a Principal Plan- ner for the Broward County Office of Planning, Mr. Dickens was responsible for the update of the MPO's Long Range Transportation Plan to the Year 2010. Mr. Dickens was also responsible for various Countywide comprehensive plan assignments, land use and socioeconomic data forecasting and the programming of capital improvements. Since 1985, as a consultant to both public and private clients, Mr. Dickens has managed or participated in a wide variety of assignments: DRI and sub-DRI impact analyses, site planning and comprehensive planning efforts, etc. He is well versed in the requirements of Chapter 9J-5 of the Florida Administrative Code and offers the hands-on experience of working within a multitude of Florida jurisdictions. SELECTED EXPERIENCE Comprehensive Plans/Support Documents per 9]-5 F.A.C. Project Manager/Principal Planner for the following jurisdictions: City of Miramar City of Fort Lauderdale City of Delray Beach Town of Hillsboro Beach City of Oakland Park Town of Lauderdale-by-the-Sea City of Pompano Beach City of Boynton Beach City of Riviera Beach City of Long~vood Development of Regional Impact Analysis - Proiect Manager/Principal Planner Gateway Commons--Osceola County, Florida Osceola Corporate Center--Osceola County, Florida Pleasant Hill Point--Osceola County, Florida VectorSpace~Brevard County, Florida Northpolnt Corporate Park--Seminole County, Florida Northpoint Corporate Park~Palm Beach County, Florida Knight Commerce Center--Broward County, Florida Smith Dairy--Palm Beach County, Florida Florida's Turnpike/Boynton Beach Blvd. Interchange PD&E Study Delray Beach Downtown Circulation and Parking Plan - Delray Beach, Florida Osceola County School District - Facilities planning, including site selection and site design activities. Infrastructure Master Planning & Conservation Issues Management - Project Manager University of Central Florida Osceola Corporate Center Gateway Commons AFFILIATIONS American Institute of Certified Planners American Planning Association The ¢#y of A~atura ~nd Ivey, Ha.'rl.~ & Wall& Inc. Team of E~cellence TODD ]. POKRYWA PROJECT PLANNER EDUCATION B.E.S., Urban and Regional Planning, University of Waterloo, 1995 Supplemental Courses~Florida Department of Transportation (Basic FSUTMS), 1996 BACKGROUND Mr. Pokrywa brings to the firm an urban and regional planning background that includes experience in comprehensive and strategic planning, transportation and environmental analysis. He possesses a strong understanding of the requirements of Rule 9J-5, FAC and Chapter 163, Florida Statutes. In addition, Mr. Pokrywa has participated in several public workshops and hearings for a host of local governments and citizens' groups. As a Planner, Mr. Pokrywa is primarily involved in Comprehensive Planning and trans- portation studies. PROJECT EXPERIENCE Evaluation and Appraisal Reports of Comprehensive Plans per 9J-5, FAC - Project Planner for the following jurisdictions: Miami Shores Village Town of Surfside City of Miami Beach City of Miami Springs City of Miramar City of Satellite Beach City of Ormond Beach City of Sunrise Miami Shores Village Capital Improvements Element Amendment--Completed an amendment to the Capital Improvements Element of the 1989 Miami Shores Village Comprehensive Plan. City of Satellite Beach Future Land Use (;IS Coverage Effort--Assisted the City in providing Brevard County with the data to produce a countywide land use GIS coverage. North Point Development of Regional Impact--Provided trip allocation analyses for pending devel- opments. Florida Department of Transportation, Intersection Improvements Projects--Assisted in an analysis of intersection improvements for State Road 500/US 192, State Road 441/500/27, and State Road 200. Seminole County Rural Roads/Canopy Road Study--Provided research to develop access and pedestrian/bicycle facilities standards for rural roadways in Seminole County. Orlando International Airport Entry Roadway Signage Program--Reviewed existing signage, defined significant site and off-site design elements that impacted signage, addressed pedestrian and vehicular traffic circulation changes and assisted in the development of alternative signage programs. US 17/92 Assessment of Need--Assisted in a collaborative effort with Seminole County in the determination of blighting conditions in the US 17/92 corridor, per Chapter 163, ES. Alumni Speaker at the School of Urban and Regional Planning, University of Waterloo, November 1995 and September 1996. AFFILIATIONS American Planning Association The City of Aventura and lve~ Fla~rls & ~Valls, Inc. Team of ~xcellenc~ MELINDA CLAYBROOK SENIOR PLANNER EDUCATION M.L.A., University of Florida, 1992 B.L.A., University of Florida, 1985 BACKGROUND With 11 years of professional experience, Ms. Claybrook brings a variety of strengths to the firm. Her previous work includes a mixture of landscape architecture and planning projects, as well as technical writing and GIS work. As a consultant to both public and private clients, she has prepared large and small scale site and master plans, landscape planting and irrigation plans, dredge and fill application permits, and numerous types of applications and submittals for local government approvals. Her technical writing experience includes preparation of project documents for planning and landscape architecture projects, user manuals for both pen computer-based GIS and digitial image processing software, and publication of a small monthly newspaper. SELECTED EXPERIENCE US 17/92 Assessment of Need, Seminole County, Florida - Assisted in a collaborative effort with Semi- nole County in the determination of blighting conditions in the US 17/92 corridor, per Chapter 163, ES. Little Lake Bryan, Disney Development Company, Orange County, Florida - Project Landscape Architect for preparation of Request for Proposals, including development of the Scope of Services for common areas within a lO0-acre mixed use project; and project management of selected design team during design development. Celebration, Disney Development Company, Orange County, Florida - Project Planner for preparation of micro-CDP submittals for county approval for two new villages, preparation of checklists for macro- CDP and micro-CDP process. Lake-Sumter Community College, Lake County, Florida - Project Landscape Architect for analysis and master plan for existing and future development of campus, including renovation and redevelopment of central campus core. Downtown Redevelopment, Crystal River, Florida - Project landscape architect for Master redevelop- ment plan, including analysis of existing and proposed land use, and conceptual and proposed site design. Downtown Plaza Redevelopment Plan, Gainesville, Florida - Project landscape architect assisting with redevelopment plan, from analysis of existing land use, demographics, and pedestrian and vehicular traffic through final schematic. 1-75 Highway Beautification Project, Lake City, Florida - Project Manager/ Landscape Architect for Florida D.O.T. grant4unded project to enhance the primary entry corridor into north Florida. Project included writing of grant proposal and successful award of $75,000 grant funding, and project adminis- tration from preparation of construction documents through construction management. AFFILIATIONS American Society of Landscape Architects American Planning Association The ¢l~y of Aventura and Ive~, Harris & Walls, In¢, learn of Excellence CAROLYN R. SCHULTZ ENVIRONMENTAL SPECIALIST-CONSERVATION EDUCATION I~.S., cum laude, Zoology, University of South Florida Certified Wetland Delineator, US Army Corps of Engineers, Jacksonville District BACKGROUND Ms. Schultz has ten years of environmental work experience in state and federal wetland and protected species regulation. As Director of Environmental Services, Ms. Schultz is responsible for staff/project management and coordination in providing quality environmental services. She has significant experi- ence in project management, federal and state wetland and listed species impact permitting, ecological site assessment, plant identification, and wetland delineation. As project manager Ms. Schultz has been successful in permitting of wetland and listed species impacts for large scale projects. Her success in permitting lies in part due to over six years of combined experi- ence at the East Central Florida Regional Planning Council and Florida Department of Environmental Protection. In addition to staff and proiect management, Ms. Schultz has provided testimony in court on environmental regulation for the State Attorneys offices of Polk, Seminole, and Volusia Counties. SELECTED PROJECT EXPERIENCE University of Central Florida, Orange County, Florida--Project Manager for on-going projects within UCF to include Master Plan permit modification; wetland mitigation; ecological site assessment; listed species permitting and mitigation. Isles of St. John's, Putnam County, Florida--On-going project includes project management for wetland delineation; listed species evaluation; and permitting and mitigation for a -+ 200 acre island in the St. Johns River. Gateway Commons, Osceola County, Florida--On-going _.+_ 200 acre project includes federal, state, and local permitting evaluation; wetland delineation; permit modification; mitigation design and implemen- tation. Shepherd Drive Extension, Brevard County--County road extension for Titusville-Cocoa Airport Au- thority. Wetland impact permitting and mitigation. Florida Department of Transportation vs. Hart Land & Cattle Company, Volusia County--Due dili- gence ecological conditions and development constraints analysis for parcels relating to the proposed widening of SR 44. I-4 Multi-Modal Master Plan, Florida Dept. of Transportation, District Five, Florida--Project Manager for environmental evaluation of 70 mile corridor from U.S. 27 in Polk County to i-95 in Volusia County. Greene Property (World Gateway), DRI, Orange County, Florida--_+800 acre Mixed-Use Develop- ment, Project Manager responsible for environmental permitting through U.S. Army Corps of Engineers (USACOE), U.S. Fish and Wildlife Service, South Florida Water Management District (SFWMD), Florida Game and Fresh Water Fish Commission (FGFWFC), and Orange County. Xentury City (Xenorida DRI), Osceola County, Florida---+300 acre Mixed Use Development, Project Manager for environmental permitting through USACOE, SFWMD, FGFWFC for wetland impacts and state listed species impacts and mitigation. Boggy Creek & Lake Hart Watersheds Study, Orange County, Florida--Project Manager for ecological evaruation for these south and southeast Orange County Watersheds for Orange County. AFFILIATIONS AND CIVIC APPOINTMENTS Florida Association of Environmental Professionals, Central Florida Chapter Tri-Count¥ Rails to Trails, Board Member Toastmasters International, 727 Club The C1~3~ of Aventura and Ivey, Harris & Walk, Inc. Team of Excellence SHANNON M. CARTER ENVIRONMENTAL SPECIALIST-CONSERVATION EDUCATION B.S., Limnology, University of Central Florida, 1992 M.S., Aquatic Biology, University of Alabama, 1995 BACKGROUND Ms. Carter has experience in applied and theoretical ecology, including research design and implemen- tation. Her areas of expertise include water quality monitoring and assessment, biomonitoring and invertebrate identification. Ms. Carter also has experience in threatened and endangered species survey, relocation of listed species, and wetland permitting. PROFESSIONAL EXPERIENCE Osceola Corporate Center, Osceola County-- Responsible for water quality sampling and analysis. Ms. Carter was also responsible for developing an Indigo snake educational package for the property. MetroWest Development, Orange County -- Responsible for wetland determination, jurisdiction and permitting of the 1,800 acre development, including shoreline enhancement of Turkey Lake. Lakefront at Orlando Central Park, Orange County -- Responsible for the ecological land use assess- ment of this industrial property, as well as the coordination of the environmental resource permitting required by the various agencies. County Line Road Expansion, Polk County -- Developed an 8 acre mitigation area for the impacts associated with the widening of County Line Road. This task included coordination with city, county and environmental agencies and the associated permitting requirements. Shepard Drive/SR 407 Intersection, Brevard County -- Assisted with an ecological land use assessment and a threatened and endangered species survey, including scrub jay and tortoise surveys and the iden- tification of listed plants. Kissimmee River Restoration Project, South Florida Water Management District and Archbold Biological Station-- This was a largescale restoration effort of 70 km of river channel. Ms. Carter was the primary aquatic technician responsible for the collection, identification, and analysis of invertebrates. Assisted in water quality monitoring. University of Central Florida Marine Turtle Research Project--Assisted in riverine and ocean netting and tagging of juvenile marine turtles. Collected data and tagged adult turtles for a 28 mile stretch from Cape Canaveral to Sebastian Inlet. Surveyed turtle nests for nest fecundity and hatchling success. Speaker at the North American Benthological Society 42nd (1994) and 43rd (1995) Annual Meetings and the American Society of Limnology and Oceanography (1994). AFFILIATIONS AND REGISTRATIONS Society of Wetland Scientists Societas Internationalis Limnologiae North American Benthological Society American Society of Limnology and Oceanology Florida Lake Management Society Florida Association of Environmental Professionals The City o/Aventura and Ivey; Harris & Walls, Inc. Team o£ Excelleacc FRASER S. HOWE IR., P.E. INFRASTRUCTURE ENGINEER EDUCATION B.S. Civil Engineering, Michigan State University, 1974 BACKGROUND Mr. Howe's engineering experience ranges from planning studies through preliminary and final design of highways and expressways, to maintenance of urban streets and drainage, traffic operations, parks and parkway trees, and utility systems. He has actively marketed consulting engineering services in Central Florida for the past eight years. He is Secretary of the East Central Florida Branch of ASCE. PROFESSIONAL EXPERIENCE Osceola Corporate Center, Osceola County, Florida-- Project Engineer for the preliminary engineering of circula- tion roadways for the proposed 1000 acre office/retail center. Corporate Park of Coral Springs, Broward County, Florida--Project Engineen Designed four-lane widening and extension of four roadways within the one square mile commercial parkway. Universal City Florida, Bid Package No. 4~Orange County, Florida-- Project Manager for Bid Package No. 4, including major utilities on Turkey Lake Road, realignment of ~/~ miles of Wallace Road and site design for UCF's Horticultural Service Area. Universal City Florida, Back of House--- Orange County, Florida Project Engineer for site design of two new administration buildings within the existing UCF Back of House area. Universal City Florida, Employee Parking Lot--Orange County, Florida Project Engineer for the redesign of the UCF Employee Parking Lot to provide secured parking for new administration buildings; an employee pick-up/drop- off loop, tram stop, and bus stop. Coronado Springs Resort, Lake Buena Vista, Florida--Buena Vista Drive. Project Engineer for the design of a new signalized intersection at the Resort's guest entrance and a directional median opening at the service entrance. US 98 from Gulf Breeze to Hurlburt Field, Santa Rosa and Okaloosa Counties--Project Manager ol~ a Project Devel- opment and Environmental (PD&E) Study for the Florida DOT to widen 30 miles of US 98 from Gulf Breeze to Hurlburt Field. I-I0 in the vicinity of Pensacola, Florida to 1~65 in Alabama--Project Manager. Managed the $500,000 environmen- tal assessment of a study to connect these roadways. Central Coonector Expressway in Orlando, Florida--Project Engineer for the preliminary design of the 6.5-mile connector, including layout for five interchanges. Northern Extension of Florida's Turnpike-Project Manager. Managed a $1.1 million PD&E study for the pro- posed 45-mile extension from 1-75 to US 19. Walt Disney World Resort--Project Engineer. Provided technical support to facilities engineering for theme parks, resorts and administrative support areas. AFFILIATIONS AND REGISTRATIONS American Society of Civil Engineers Florida Engineering Society Professional Engineer Florida # 41558 Illinois # 062-037301 The CIO/of Aventura and Ivey,, Harris & Walls, Inc. ream of Excellence EDGAR DAVID PRESTON, President Ed Preston & Associates, Inc. PLANNING FACILITATORS EDUCATION B.S., Urban Studies, Jacksonville University, 1981 Completion of Junior Year in School of Architecture, University of Florida, 1977 Associate of Arts Degree in Pre-Architecture, Florida Junior College, 1975 PROFESSIONAL BACKGROUND President/Creative Thinking Facilitator, Ed Preston & Associates, Inc. RO. Box 47906 Jacksonville, Florida 32247~7906 1991 - Professional creative thinking consultant providing facilitation services to attorneys, citizens, lo- cal governments, design professionals and private companies. 1991 - Training & Development Associate with the Center for Local Government (Now the Center for Public Leadership) at the University of North Florida providing contracted services for strategic planning, total quality management and problem solving workshops. Creative Thinking / Strategic Planning Facilitator, Participation Planning, Inc. / SYNAPSE Planning, Inc. 333 North Laura Street, Suite 420 Jacksonville, Florida 32202 1988 - Management and operations of new planning and consultation business, including marketing, project management, office management and professional planning consultant. Strategic Planning Analyst, Florida Community College at Jacksonville 501 West State Street Jacksonville, Florida 32202 1987 - Professional in charge of design and implementation of the five year strategic planning process involving over 800 persons. Project Director, BHR Planning Group, Inc. 1900 Corporate Square Jacksonville, Florida 32216 1985- Director of Military Master Planning with project management responsibilities in comprehensive planning, general planning, site development and design feasibility studies. Project Planner, Reynolds Smith & Hills, Architects, Engineers and Planners, Inc. RSH Corporate Headquarters 4651 Salisbury Road Jacksonville, Florida 32216 1980- Project design and development, international military master planning, documentation, pre- sentations, contract documents preparation and graphic design. 1978 - Architectural structures technician. AFFILIATIONS American Planning Association, Northeast Florida Chapter Florida Planning and Zoning Association (Past President), Creative Thinking Association of America, International Association of Public Participation Practitioners, American Society of Trial Consultants, Innovative Thinking Network Subconsultants Ed Preston~ Ed Preston & Associates~ Inc. Subconsultant / Visioning Facilitator Ed Preston will be available on an as-needed basis for Public Participation and Visioning during this project. Mr. Preston's firm specializes in visioning and facilitating, and provides these services for a host of public and private-sector clients. The City of Aventura and Ivey, Harris & l~'all~, Inc. Team of Excellence Standard Forms 254 & 255 The ¢i0~ of Aventura anti Ivey, Harris & Walls, Inc. Team of ~.xcellence FORM (SF) Ivy, Htaris & Walls, [ac. 254 631S. Orlando Ave~m, Suite 200 1986 .lanna~ 31, 1997 Winter Park, Florida 32789 ~¥~:~:~i~::~::.'.~;~ ~,~ ~.-~.~..~...-< .o-o Arch~e~ngin~r and ~mfion Related Se~c~ X A. S~ll B~in~ B. S~II D~g~ B~in~ Que~ionnaire la. Submiffal is for ~ Parent Company ~ Branch or Subsidia~ Offi~ c. w~;~ 1) ~1 ~ I~, ~d~t (40~ 629~880 2) ~o~h E. ~ P~. ~ (4~ 629~880 13 Administrative 0 El~d~l Engineers 0 Oc~nogmphem 0 ~hE~ 0 E~imatom 6 Plannem: U~a~ional 3 Biol~ 0 Chemi~l Engineem 0 Geologists 2 San~ Engin~m ~0 14 CMl Engineem 0 Hydrologi~s 0 Soils Engin~m 2 2 Constm~ion Inspe~om 0 Interior Designers 0 Sp~ification W~tem 0 DraYmen 8 ~nds~pe Archite~s 0 ~m~ural Engineem 8 ~ E~logi~s 0 M~hanical Engineem 0 Suweyom 0 E~nomi~s 0 Mining Engineem [ Tmnspo~ion Engineem ~ 5 Y~m (~ ~ fl~) 1. ~ ~n $1~,~ 19 96 19_.. 95 19 94 19 93 19 92 Dire~ Federal ~ntm~ ~, including ovemeas 1 1 I I I 3.~.~.~ 4. ~.~ to All ~her dome~ic ~ ? ? 6 6 6 s. $1 mill~ All other foreign ~* 3 2 ] 1 ] 6. $2 mllli~ *Fi~s Intem~ed in foreign wo~, b~ without su~ expeHen~, check he~: ~ 7.~ million to$1Om~ 8. $10 mi~li~ STANDARD FORM 254 PAGE 4 p~cv. ~ l~ofilo Number of Tolal Gross Fees Profile Number of Te~al cJtoss Fees Profile Number of To~al Gto~ Fees Cedes Pro~ects ('tu thousands) Codes Pt-o~ects (tn thousands) Code~ Pro.~e,c~.s ('m thousands) 013 4 12311 059 78 136743 114 13 2726 015 7 2522 072 7 1153 115 50 134960 019 5 705 078 29 21715 117 18 1742 020 7 640 079 85 130981 201 6 18692 021 13 13378 088 8 3146 202 4 4930 029 32 7500 096 117 290338 033 52 2644 099 1 40 046 99 82760 102 13 102601 047 4 417 104 95 109741 054 5 422 107 32 35051 · .*~ .~ ~. .~ ~e 'P', "C', ~e "~', or "~" ~j~t N~ nd ~fi~ ~ N~ ~d Ad~s ~ of W~ ~1~ ~ (~ 078 079 P 1) Ci~ of Deltona Ci~ of Deltona Comprehensive ~an and Land Development 800 Deltona Blvd. 120.0 Ongoing Regulation Deltona, Florida 32723 Deltona, Florida 078 P 2) Ci~ of Miramar Ci~ of Miramar Miramar, Florida 6700 Miramar Par~ay 40.0 12/95 Continuing Sewices - ~anning Miramar, Florida 33023 078 P 3) Ci~ of Miramar Comprehensive ~an Ci~ of Miramar Eeview Mr. Jaye Ep~eifl Miramar, Florida 6700 Miramar Par~way 36.0 4/96 Miramar, Florida 33023 078 079 P 4) Ci~ of Satellite Beach Ci~ of Satellite Beach Evaluation and Appraisal Repo~ 565 Cassia Boulevard 30.0 11~6 Satellite Beach, Florida Satellite Beach, Florida 32937 078 079 P ~5) Ci~ of Ormond Beach Evaluation and Ci~ of O~ond Beach Appraisal Repo~ 22 S. Beach St. 36.0 4/97 O~ond Beach, Florida Ormond Beach, Florida 32175 078 079 P 6) Celeb;~[;on DRI Walt Disney World 015 033 Osceola Count, Florida Wait Disney Imagineering 500.0 2010 117 200 Celebration Place Celebration, FI. 34747 079 201 P 7) Osceola Corporate Center DRI Premark International, Inc. 203 Osceola Count, Florida 1717 Deedield Road 200.0 On going Deedield, IL 60015 ...... i, o ~ ~.~aw.r ot urlanao t~elz ~ml~¢. 079 ~do, ~o~ 5118 ~ A~ S~ 327 Memp~ T~ 38117 059 ~2 P ~ No~t P~ ~ ~e~ D~ S~ ~1 ~ 5,~.0 ~ gong 079 056 ~e ~, ~ P.O. ~x 2463 0~ 052 078 H~ T~ 77~I 201 1~ P lO~hTm~D~ ~. St~U.~,~ 1,~.0 ~g0~g 107 ~la ~, ~ofi~ 1133 B~, g221 N~ Yo~ g~ York 1~I0 078 059 P 11 V~o~ ~m~ ~ D~ V~ ~d ~oup 250.0 7~2 B~ ~, Hofi~ 2121 Pon~ De ~ ~I~ ~ 33134 015 033 P 12 ~lebmfi~ N~ To~ P~ Di~ ~l~t ~ 5~.0 2010 078 079 O~la ~, ~ 2~ ~l~on P~ 117 ~o~ ~ofi~ 34747 ~8 079 P 13 ~A~A D~ ~ ~c~ Fo~on 20.0 7/95 117 ~ ~ ~fi~ ~00 PGA B~ Jupit~, ~ S~m ~0 P~m B~ch ~ ~o~ 33410 078 P ~ 4 ~ ~ p~ Disn~ D~el~me~ ~mp~y 2~.0 1995 ~e Bue~ Vi~ ~ofi~ 2~ ~ebmfi~ PI~ ~I~o~ ~ 34747 015 078 P ~5 ~l~mfion~ U~ ~en~ent Di~ D~t ~ 45.0 ~3 079 to ~ ~ ~ PI~ 2~ ~l~mfi~ P~ ~ ~, ~ofi~ ~1~o~ ~ofi~ 34747 046 ~9 C ~ ~e B~ D~ D~n~ ~m~t ~y 79.0 5/95 096 104 ~l~do, ~ofi& 2~ ~l~on ~a~ ~mfio~ ~ofi~ 34747 015 033 P ~ 7 Se~ole T~ ~nter D~ Md~ Sim~ ~d ~tes, Inc. 180.0 078 079 Shrug ~ 983 S. ~gon A~ue 117 ~o~ ~ofi& S~o~ ~ofi& 32771 079 P ~ 8 ~la ~m~ ~nt~ No~ of Pr~ Int~fio~ 100.0 10/95 Pro~ C~ge to P~o~ly Approved 1717 D~eld R~d D~ D~el~ ~. 60015 033 078 P ~ 9 ~m~ ~ Hol~gs ~er PI~ ~ & ~o, P.~ 16.0 4/92 117 Volm~ ~W, ~ 125 N~ ~dg~ S~nd D~B~ ~ 32114 STANDARD FORM 254 PAGE 6 (n;v. ~.~ FDOT 719 South Woodland Aveune Deland, Florida Deland, Florida 32720 033 056 P 21 J~m:a Beach CRA Rivc~w-,dk Martin County 75.0 On going 079 Jensen Beach, Florida 2401 S. E. Montorey Rd. Stoaxt, Florida 34996 046 059 P 22 Coral Sp~i~g Industrial Park City of Coral Springs 67.0 4/95 079 City of Coral Springs City Hall City Hall 9551 West Sample Rd. 9551 West Sample Rd. Coral SprinG. Florida 33065 096 115 P 23 Master Sewer, Water and Reuse Sun International 25.0 8/94 Infrastructure Evaluation P.O. Box lq 3777 .......... Paradi~ I~land Bahama~ Nassau, Baham~ 056 078 P 24 UCF ~ Stormwater Plan University of C~ntral Florida 25.0 12/93 University of Central Florida P.O. Box 25000 Orlando, Florida Orlando, Florida 32~16 078 046 C 2fi UCF 1995 CmiilJuS M~lster Plall Univl~sity of Central Florida 300.0 6/95 056 088 University of Central Florida P.O. Box 10,000 104 107 Orlando, Florida Orlando, Florida 033 056 P 25 Hog Island Mr. Bob Koger 26.0 7/98 079 Putnam County, Fl 1050 Lngo Avenue Coral Cables, Florida 33156 046 096 P 27 Paradise I~lalld lnfi'astrnctll~ Sun Intematioual I00,000.0 On going 104 107 Nassau, Bahamas Post Office Box N4777 l~Iassan, Baham~ 078 079 P 28 Colcb,ation - PUD Ret. mdag Walt Disney World 21.0 On going 117 Osceola County, Florida Disney Development Company · 200 Celebration Place Celebration, Fl. 34747 107 079 P 20 FDOT District 5 District Wide Florida Department of TranspoFtarion 400.0 4196 056 Median Operations Evaluation and Public Involvement 719 South Woodland Avenue DeLand, Florida DeLand, Florida 32720 096 P 30 Master Sewer Plan Premark Interualioual 25.0 6/92 Osceola Corporate Center (1300 acres) 1717 Deorlield Road Osceola County, Florida Deeffield, Illinois 60015 ?::... ~ ~.:::: :. :i~<gi:i :::. :::::::::::::::::::::::::::::-....q:i:::i~:i+~:i.~:~ q:o.,:..::::~:5 ~:+:c. :::::o.~.o..+:..:,:.:q .;: .;..:.; :>.c~.~....~.+. ~...::: ::::.: ~::.....,.:...:.:~:.:.+.,.~ ............................. A ,- / / STANDARD FORM 254 PAGE smI~DA~ FORM ($F) 255 Nu~lta~-Engi~e~. and Relate~ Se~ea Comprehensive Plan and Land Development Regulations City of Aventura, Florida N/A N/A Ivey, Harris & Walls, Inc. 631 $. Or]sndo Avenue, Suite 200 W'mter P~r~. Florida Joel A. Ivey, President (407) 629-8880 (A) (B) 1~ AdmlnF=batlve (A) (A) (BI Archrmcts (A) (A) (B) Chemical Engineers (A) (B) (A) (e) 14 CMl Engineers (A) (B) (A) (B) ~ Conslructlon Inspectors (A) (B) (A) (13) DraYmen (A) (B) 8 (A) (S) Ecor~mists (A) Electrical Engineers (A) (B) Oceanographers (A) (B)_.L Tr~'t~ionPlarmer Estimators (A) (B) 6 Planners: Urban/Regional (A) (B) 3 Biolea~ts Geologists (A) ~) 2 Sanitary Engineers (A) (S) 32 Tech/ 'c ' Hyclmlogl~t8 (A) (B) Soils Englneels (A) (B) 1 Resident En~ Interior Designers (A) L Specification Writers (A) (B) 8 b~rms Landscape Architects (A) (BI Structural Engineem (A) ]. (a)__ ~oa/Vislo~__ Mechanical Engineers (A) (~) Surveyors (A) (B) Mining Engineers (Al (B) ] TranspoH=tion Engineers (A) ~, (a) 92 T~al Pers~lnel STANDARD FORM 255 PAGE 3 (REV. Name and Address 1) Ed Pmstonand AssocJates, Inc. P.O. Box 4?906 .lacksom, iIlc, Florida 3224/-'7906 Specialty Pt~b]ic Pa~cipatio~V~s~o~i~g Wo~ed with Pdme befom (Yes or No) STANDARD FORM 265 PAGE 4 (REV, a. Name and T~tle: Sod A. Ivey President b. Project Assignment: Principal in Charge c. Name of Firm with which associated: Ivey, Hah-is and Walls, Inc. d. Years Experience: With this Firm 9.$ With Other Firms ]3.0 e. Education: Degree(s)/Year/Specialization M.S., College of Architeeture, School of City Flnnnblg, Cveorgia Teeh, 1976 f. Active Registration: Year First Registered/Discipline Anlerican Fla~nlng Association National Association of Industrial end Office g. Other Experience and Qualifications relevant to the proposed project: As president end a founder of thc company, Sod Ivey brings a wealth of knowledge end experience to the firm and to clients projects. Mr. Ivey Primarily directs firm services for Developments of Regional Impact end other major projects design end permitting. His core team has worked together for several years and has been responsible for the approval of nearly eleven million square feet of office, three million square feet of retail, thirteen thousand residential units end seven thousand hotel rooms. His success in winning approvals is partially attributable to the seven yeaxs Mr. Ivey served with thc East Central Florida Regional Planning Council. As General Planning Director for the Planning Council, Mr. Ivey reviewed over 45 DRI applications and served as primaxy staff liaison in negotiating final development orders. Hc also wrote thc currently utilized Rules of Review and thc Regional Issues List of the East Central Florida Regional Flenning Council as cnrrently adopted in the Florida Administrative Code. Mr. Ivey Ires also prepared an processed several PUD applications, as well as major amendments to comprehensive plans, pursuant to 9J-5 Florida Admi~tistrative Code. a. Name and Title: Gary B. ,AICP Dickens Senior Planner b. Project Assignment: Project Planner c. Name of Firm with which associated: Ivey, Harris and Walls, Inc. d. Years Experience: W'Rh this Firm 6.5 With Other Firms I0.0 e. Education: Degree(s)/Year/Specialization B.A. - Geography, University of Florida Federal High~ay Administration - Short Courses f. Active Registration: Year First Registered/Discipline American Institute of Certified Plenne~s American Planning Association g. Other Experience and Qualifications relevant to the proposed project: Mr. Dickens has over 17 years of pubic end private sector experience in the preparation end presentation of various planning efforts. As a Project Manager for a South Florida Consulting firm, his experience included Comprehensive Planning (9J-5), site feasibility analysis, applications for Developments of Regional Impact, land use plan amendment~rezoning petitions, and site planning. STANDARD FORM 265 PAGE 6 (REV. a. Name and Title: Carolyn P,. Schal~z Director of £~vi_romnental Sen/ices b. Project Assignment: Di~ctor of Environmental Services a. Name and T'~le: Fraser Howe, J'R, P.E. Senior Engineer b. Project Assignment: Project Engineer c. Name of Firm with which associated: Ivey, Harris & Walls, Inc. c. Name of Firm with which associated: Ivey, Harris & Walls, Inc. d. Years Experience: With this Firm 4 mo.. With Other Firms 10 e. Education: Degree(s)/Year/Specialization B.S., cum loode, Zoology, University of Sooth Florida f. Active Regi5ha[ion: Year First Registered/Discipline Certified Wetland Delineator, US Army Corps of Engineers, Jacksonville District. g. Other Experience and Qualifications relevant to the proposed project: Ms. Schultz has ten years of environmental work experience in state and federal wedand end protect species regulation~ As Director or Environmental Services, Ms. Schultz is respons~le for s~ff/project management and coordination in providing quality environmental services. She has significant exp~cnce in project man~§ement, federal and state wetland and listed species impoct permitting, ecological site assessment, plant idoofification, and wctlend delineation. As Project Manager Ms. Schultz has been successful in permitting of wetlend and listed species impacts for large scale projects. Her success in permitting lies in part due to over six years of combined experience at the Fast Central Florida Regional Planning Council and Florida Dcparm]ent of Environmental Protection. In addition, to staff end project management, Ms. Schultz has provided testimony in court on environmental regulation for thc State Attorney office of Polk, Seminole, and Volusia Counties d. Years Experience: With this Firm 1.0 W'dh Other Firms 21 e. Education: Degree(s)/Year/Specialization B.S.C.E./1974/Civil Engineering, Michigan State University f. Active Registration: Year First Registered/Discipline Florida. tf41558 Hlinois - g062-037301 g. Other Experience and Qualifications relevant to the proposed project: Mr. Howe's engineering experience ranges from planning studies through preliminary and final design of highways and expressways, to maintenance of urban streets and drainage, traffic operations, parks end parkway trees, and utility symms. STANDARD FORM 256 PAGE 6 {~Ev. 11-92 a. Name and T'dle: Seuior Pl:anner b. Project Assignment: Project [:~anner c. Name of Firm with which associated: Ivey, Harris & Wall~ Inc. d. Yearn Experience: With this Firm I mo. With Other Firms... 12 e. Education: Degme(s)/Year/Specialization 1992 - MLA Landscape Amhitecture, University of Florida f. Active Registration: Year Fimt Registered/Discipline Landscape Architect #1240 g. Other Experience and Qualifications relevant to the proposed project: With ll years of professional experience, Ms. Clayboook brings a variety of strenghts to the firn~ Her previous work includes a mixture of landscape architecture and planning projects, as w~ll as technical writing and GIS work. As a consultant to both public and private clients, she has p~pared large and small scale site and master plans, landscape planting and irrigation plans, dredge and fill application p~mdts, and numerous types of applications and submittals for local government approvals, her technical writing experience includes preparation of user manuals for both pen computer-based GIS and image image processing software, publication of a small monthly newspaper, and preparation of project documents for planning and landscape architectule projects. a. Name and Title: Todd Pokzywa Planner b. Project Assignment: Project Plannes c. Name of Firm with which associat~l: Ivey, Harris & Walls, Inc. d. Yearn Experience: With this Firm 1.0 With Other Firms 6 mo. e. Education: Degree(s)/Year/Specializatlon B.E.S. Urban and Regional Planning, University of Waterloo, 1995 f. Active Registration: Year First Registered/Discipline g. Other Experience and Qualifications relevant to the proposed project: Mr. Pokrywa brings to the finn an urban and regional planning background that includes experience in comprehensive and strategic planning, transportation and enVironmental analysis. As a Planner, Mr. Polaywa is prLmmy involved in Comprehensive Planning and transportation studies. Past Comprehensive Plan projects include: City of Miramar, City of Satellite Beach, and City of Ormomi Beach. STANDARD FORM 256 PAGE 7 (REV. a. Name and Title: ~h~nnOD. ~ C~'ter Em,~m~ment~! Sci~tist 1T b. Project Assignment: Limnolog~st c. Name of Firm with which associated: Ivcy, [-~rJs & WaUs, [ac. d. Years Experience: W'Rh this Firm 8 mo. With Other Firms e. Education: Degree(s)/Year/Specialization M.S. Aquatic Biology, O~,czsity of A]al=mn f. Active Regishation: Year First Rc-~is~e~e~'Discipline g. Other Experience and Qualifications relevant to the proposed project: Ms. Carter has cxpcficacc ia applied and theoretical ecology, i~cludiag zcscarch design and implcmcatafio~ Her areas of cxpeztJsc include water qtudity monitoring and assessment, Biomonitoing and invertebrate identification. Ms. Carter also has experience in threatened and endangered species survey, relocation a. Name and Title: b. Project Assignment: c. Name of Firm with which associated: d. Years Experience: With this Firm. W'Rh Other Firms. e. Education: Degree(s)/Year/Specialization f. Active Registration: Year First Registered/Discipline g. Other Experience and Qualifications relevant to the proposed project: STANDARD FORM 265 PAGE 8 REV. d. Completion e. E~mated Cost (in theusands) C. Project Owner's Name & Address Date Work For Which b. Nature of Firm's and Project Manager's Name & (actual or Er~re a. Project Name & Location Responsibility Phone Number estimated) project Firm Was/is Responsible (1) Celebration DRI Presentation of DRI application, Walt Disney World 2010 650.0 650.0 Osceola County, Florida consultant coordination, DRI Disney Development Company agency coordination 200 Celebration Place development order negotiation. Celebration, Florida 34747 (2) City of Deltona Public Participation preparation City of Deltona On going 120.0 120.0 Comprehensive Plan and Land local government 800 Deltona Blvd. Development Regulation comprehensive plan and land Deltona, Florida 32723 Deltona, Florida development regulations. (3) City of Miramar Comprehensive Plan Prepared evaluation and City of Miramar 4/96 36.0 36.0 Review appraisal report of city's 6700 Miramar Parkway Miramar, Florida comprehensive plan. Updated Miramar, Florida 33023 data and analysed degree (4) City of Satellite Beach Providing evaluation and City of Satellite Beach 11/96 30.0 30.0 Evalnation and Appraisal Report appraisal report to update the Mr. Mike Cratty, City Manager Satellite Beach, Florida Comprehensive Plan for the 565 Cassia Boulevard City of Satellite Beach. Satellite Beach, Florida 32937 (fi) City of Onnond Beach Evaluation In the process of proparing the City of Onnond Beach 4/97 36.0 36.0 and Appraisal Report state mandated five year review 22 S. Beach St. Onnond Beach, Florida of the City's Comprehensive Onnond Beach, Florida 32175 Plan. (6) City of Miramar Evaluation and IH&W has been involved in the City of Miramar 5/96 40.0 40.0 Al~IJtaisal Report entire process of this state's 6700 Miramar Parkway Miramar, Florida mandated five year review of Miramar, Florida 33023 the City's Comprehensive Plan. CO Celebration New Town PUD Served as authorized agent and Disney Development Company 2010 500.0 500.0 Osceola County, Florida planning consultant for this 200 Celebration Place 5000 acre DRI. Celebr~on, Florida 34747 (8) Lake Bryan DRI Performed ilffxastructare Disney Development Company 5/95 79.0 9.0 Orlando, Florida planning and civil engineering. 200 Celebration Place Celebration, Florida 34747 (9) Veetorspace Corporate Park DRI Provided Development of Vetor Land Group 7/92 250.0 250.0 Brevard County, Florida Regional Impact (DRI) 2121 Ponce De Leon Blvd., Suite 900 application, rezoning, Cond Gables, Fl. 33134 permitting, and landscape arch. (10) Celebration New Town PUD Served as authorized agent and Disney Development Corapany 2010 500.0 500.0 Osceola County, Florida plannlr~g consultant for this 200 Celebration Place 5000 acre DRI. Celebration, Florida 34747 STANDARD FORM 256 PAGE c. Agency (Responsible Office) e. Esamated C~t 0n thousara=) Name and Address wo~ For b, Nature of Firm's and Project Manager's Name & d. Percent Entire Which Firm a. Project Name & Location Responsibility Phone Number Complete Project Is Res~x~slble STANDARD FORM 255 PAGE 10 (~EV. Il-e2) Ivey, Harris & Walls, Inc. is one of Central Florida's largest employee owned, multi-discipline consulting firms. IH&W provides professional services in the areas of land planning, environmental sewices, civil engineering, landscape architecture, and construction services. IH&W's land planning department specializes in DRI'S, site/master planning, feasibility studies, land use amendments, annexations, rezoning, special exceptions, variances, planned unit developments comprehensive planning, transportation planning, and eminent domain services. Our environmental services department offers Phase I Environmental Site Assessments, lands use assessments, wetland determination and delineation, endangered species studies, environmental permitting, mitigation design, and monitoring and water quality monitoring. Our civil engineering depa~nent provides a full-range of services including site development engineering, public/private utility engineering, roadway/trausportation engineering, permit~ng, and construction adminisuation. Our construction services department includes a full-time resident engineering department, construction engineering and inspection, construction ~tion, owner's representation, and overall projects controls on numerous and diverse construction projects. Our landscape architectur~ services include site design/layout, planting, hardscope, and inigation design for a wide variety of pro. jeers such as subdivisions, parks, resorts, theme porks, and commercial sites. IH&W offers full AutoCad, latest version for both drawings productions and analysis soihvare. In addition, we utilize the following support sol, rare: Autodesk 3-D Studio DCA Enhnnced Design Cybornet Hydraulic Analysis (Op~ai~¢e within CAD) SllroTrack Schednlin~ Soft, are Acce~ Database Sy~em Excel Spreadsheet Lotus Spr~a~heet Numerous Hyd~anlic Software (Advanced ICPR, Hydrone~ MODRET, etc.) Word Processing Standard for IH&W is WordPrefcet 6.0 P~a~t Trac~n~ Software mm mm mm mm m m m m m m ! FORM (SF) Ed Preston & Associates, Ino. 1992 January 1997 Jacksonville, FL32247-7906 ' Architect-Engineerand A. Small Business RelatedServices B. Small Disadvantaged Business Questionnaire la. S~brnlttsl Is for I~ Parent ~ny i-I Branch er Sul~lclary Office C. Woman-owned Business N.A. 1989 Participation Plannin~ Inc. 1991 SYNAPSE Planning, Inc. 1) Ed Preston - President (904) 396-4139 2) Sacksonvill¢, FL (904) 396-4139 1 ~ Adm~st'a~ve __ Elec~'ic~l Engineers __Cceanographers __Architects __ Estimators ..,L P~mners: Urbart/Re<Jonal __ Chemical Engineers __Geologists __ Sanitary Engineers CMl Engineers __ Hydrologtsts ~ Soils Engineers -- C_,onstn~aon Inspectors __ Intedor Designers __ Specification Writers __Draftsmen __ Landscape Architects -- Structural Engineers __ Ecologists __ Mechanical Engineers __ Surveyors __ ~sts __ Mining. Engineers __ Transportation Engineers 1996 t995 1994 1993 1992 Direct Federal contract work, indu(tng overseas 3.$250.000to $500,000 ,adl ob~er Ioreign work* 8.$2 milion to $5 mllion 7, $5 rntE~e to $10 mlllon 'Fin~s Interested In foreign work, but wlttlout such experience, cried< here: F1 8. $10 milion or greater STANDARD FORM 254 PAGE 4 (~Ev Profile N L,~ber of Total Gross Fees Profile NUmber of Total Gross Fees Profl~ NUrrber of Total G~'oss Fees Codes 9~OJ e cta {in thousands) Codes projects (in thousands) C_,oc~es Projects (in lhousands) 1) 110 90 11) 2) 12) z2) 3) 13) ~3) 4) 14) 24) 5) 15) 25) 6) 16) 26) ~ 17) 27) 8) 18) 9) 19) 29) 10) 20) 3o) .... . . ........= ~;;::.:.:.:. ~:::::::::::::::::::::::::::::::::::::::::::~:::q;:: ::::3: :i~::: P~,.~q~ "P', ~ (in ~*:~usancl$) or Es~m~ted) Code "JV", or"E" Project Name ~ Loca~on Owner Name ar~ AcCess 110 1 City of Keystone Heights Comprehensive City of Keystone Heights 30 1992 Plan - Keystone Heights, FL P.O.Box 336 Keystone Heights, FL 110 2 City of Deltona Comprehensive Plan - City of Ddtona 13 1997 Deltona, FL P.O.Box 5550 Ddtona, FL 110 :3 Durkeeville Co~nunity Redevelopment Jacksonville Housing Authority 5.5 1996 Plan Ja,ksonville Housing Authority 1085 Golf air Boulevard Jacksonville, FL Jacksonville, FL 110 4 City of Sanford - Waterfront Redevelop- City of Sanford 5 1993 ment Plan P.O.Box 1788 Sanford, FL Sanford, FL 110 5 City of Oak Hill - Coxmnunity Vision Pro- City of Oak Hill 1.5 1996 cess 234 US Highway 1 Oak Itill, FL Oak ltill, FL 6 7 STANDARD FORM 254 PAGE $ References Mr. Charles Greenwald Deerfield Land Corporation (Tupperware Corporation) 1717 Deerfield Road Deerfield, Illinois 60015 (847) 405-6000 Mr. Peter Newman, Facilities Planning Director University of Central Florida RO. Box 25000 Orlando, Florida 32816 (407) 823-2166 Mr. Michael Crotty, City Manager City of Satellite Beach 565 Cassia Boulevard Satellite Beach, Florida 32937 (407) 773-4407 Mr. Don Killoren Disney Development Company 200 Celebration Place Celebration, Florida 34747 (407) 939-4024 Mr. John Brock City of Longwood 175 West Warren Avenue Longwood, Florida 32750 (407) 260-3440 Scope Response A_4p_proach The following generalized work program for the City is predicated upon IH&W's knowledge of the state's planning requirements, discussions with City of Aventura staff and a review of the City of Aventura Request for Proposals to prepare the City's Comprehensive Plan and Land Development Regulations. IH&W recommends that a more detailed scope of services be considered at the outset and that specific tasks be refined in collaboration with the City Manager and the City's Community Development Depart- ment. Comprehensive Plan IH&W proposes to prepare a local comprehensive plan for the City of Aventura that would exceed all applicable requirements of Chapter 163 Florida Statutes and Chapter 9J-5 of the Florida Administrative Code, including the development of optional Urban Design and Economic Development Elements. The Plan would be user-friendly and would include extensive and detailed graphic materials and supporting text. IH&W proposes completion of this effort from development of data and analyses through adoption and negotiation of outstanding compliance issues, if any, with the Department of Community Affairs (DCA). Our overall approach will be to assign the multi-discipline IH&W team of planners, engineers, biologists and landscape architects to gather and coalesce existing information available to the City from Dade County or other public and private service providers. In some cases, IH&W would also supplement this data with updated or more specific information. As base data is organized over several months, IH&W would proceed on a parallel track with public participation activities. Information analysis would occur the following months, with subsequent presentation and distribution of results to the community. The overall effort would be oriented toward receiving direction and feedback from the interpretation of data and the development of future planning goals, objectives and policies for the City. It is anticipated that this effort would require approximately eighteen (18) months to complete. In keeping with the City's obiective, IH &W will strive for adoption of the City's Comprehensive Plan on or before November 7, 1998. A draft schedule of activities and events is included with this proposal. Public Participation Several basic elements of an effective public participation process will be established or selected for the Aventura planning effort. Distribution of milestone newsletters and flyers, public access video, provision of working documents for public perusal at high profile locations, periodic informal workshops or charettes, and public hearings of the City Council are a few techniques and venues that may be utilized for public input. With City administrative input, IH&W proposes to use many, if not all, of these items as part of the public participation process. For example, IH&W would be responsible for preparation of newsletters and draft and final work product copies for detailed public review at the City Hall or public library. IH&W would present draft and final work products, on an element-specific basis, to City staff, and ultimately to City Council for final approval. For key public activity efforts, IH&W also has solicited Mr. Ed Preston of Ed Preston and Associates to assist in identifying a future "vision" for the City. A professional facilitator of thoughtful and positive focus group sessions, Mr. Preston's Jacksonville-based firm offers the City a unique and upbeat opportunity to meld differing opinions and perspective of the City's population into a unified whole. Vision Process Approach At this time, IH&W proposes to conduct four combined visioning sessions with the City Council, Plan- ning Advisory Board, staff and citizens. These sessions would examine community history, and evaluate The Ci~y of Aventura and Ivey, Hew~ls & Walls, Inc. Team of Excellence community preferences and issues. Two sets of sessions are proposed to occur: one near the outset of the process and one nearing completion of the analysis process in the plan. These workshops will serve as a catalyst for articulation of a preferred vision for the future. The articulated community vision will become the foundation for the development of the Comprehen- sive Plan. The Plan and Development Regulations will provide for the milestone objectives necessary to work toward the fulfillment of the vision. The visioning sessions also will determine the best communica- tion channels to use for the continuing planning process. Concurrency Management System The City's comprehensive plan must include general policies and procedures for a local concurrency management system (CMS). Such a system will require a series of items and discussions regarding review of development proposals for facility adequacy, definition and treatment of approved, "vested" develop- ment orders, and the broad protocol for navigating through a review system. Subsequent to adoption of the City's local comprehensive plan, IH&W will define a more detailed CMS process as part of the City's Land Development Regulations. In this respect, the CMS can vary from a system which mirrors or directly follows the County requirements, thus allowing for contracted service with the County, or for the development of a local system administered by City staff or others. The local system may vary from a relatively simple, though labor-intensive process, to a more complex, automated system relying upon databases and "pop-up" menus. IH&W's team of planners and technical staff can offer the City a range of these products, depending upon the desires, staffing and technical abilities of the City to accommodate a specific approach. Data and Analysis IH&W proposes establishment of 1996 as the "base year" for the City's "existing conditions" informa- tion. Relative to the long-range vision, the plan would then establish year 2002 and 2015 horizon years for purposes of intermediate goal setting. With respect to land use, natural resources, recreation, housing and transportation data, IH&W believes that Dade County's historic set of planning information may offer a logical departure point for additional work. In addition, transportation information from the County's Metropolitan Planning Organization and the Florida Department of Transportation, FEMA flood zone maps, 1990 U.S. Census data, USGS topo- graphic maps, large scale aerial photos and photo composites are other items which would be required to complete this task. Relevant aspects of the comprehensive plans of Dade and Broward Counties and the City of North Miami Beach also will play a supporting role in the evolution of the Aventura Plan. Ultimately, detailed compilation of plan data and analysis items, including maps, narrative and tables per 9J-5 requirements, will be housed for reference in one or more summary documents. ]H&W will secure all information and will efficiently compile it in draft and final form. The final work products will consist of high-quality maps and figures, a narrative in Wordperfect, and spreadsheet tables in Microsoft EXCEL. Goals, Objectives and Policies Chapter 9J-5 of the Florida Administrative Code offers detailed, minimum requirements for the necessary goals, objectives and policies (GOPs) of the City's plan. Such requirements include the setting of levels of service for provision of facilities and services; specification of hard "target" objectives for all plan ele- menU, the means by which such targets shall be sought and achieved; and finally, the "soffer", more philosophic position of the City on common issues of public interest. The City of Aventura and l~ay, Harris 8, Walls, Inc. Team of Excellence The data and analysis portion of this study will be melded with public participation efforts to develop and finalize the GOPs of the Aventura Plan. As the entity ultimately charged with implementing the plan, the City Council must be highly cognizant and supportive of the detailed implication of the GOPs. This plan will become the law of the City. Thus, the Council will be the final arbiter of the GOP effort. Upon adoption, the Plan -- consisting of key maps and the GOPs ~- will be housed in a separate document for continued reference and consideration by the Aventura's elected officials and administrative staff. Mapping As part of the required 9J-5 F.A.C. data and analysis items, the IH&W team will prepare a comprehensive set of natural (e.g., soils, flood zones, land use, environmentally sensitive areas, etc.) and built (e.g., roads, parks, special housing areas, etc.) feature maps of the City and surrounding environs. Similarly, IH&W will prepare maps of future projected conditions such as planned future land use and traffic circulation facilities. IH&W graphics will exceed minimum compliance standards. With a large and proficient in-house technical and support staff, IH&W will develop the City's requisite and desired maps using AutoCAD. Generally, graphic records from the City, Dade County's Geographic Information System, or other sources may offer accurate and efficient base information. As necessary, this base information would be supplemented by additional data gathering and field observations, later transferred to electronic files. With the appropriate devices, the final electronic files offer the City an accurate summary reference which can be quickly updated in the future. While IH&W proposes use of AUTOCAD as a mapping system, other file formats may be used as necessary to meet Aventura's system requirements. Land Development Regulations One of the Florida statutory and administrative code requirements of the City will be adoption of a comprehensive set of land development regulations. Prior to a determination by the Department of Community Affairs that the City's Comprehensive Plan is in compliance and is consistent with Florida Statutes, IH&W would begin development of a set of regulations, to include procedural, zoning, and subdivision requirements for Aventura. It is anticipated that the Land Development Regulations will be ready for adoption within six (6) months of the DCA's approval of the Comprehensive Plan. IH&W will prepare the regulations in a stepwise fashion, relying upon the regulations currently in effect and the input received through the comprehensive planning and visioning effort. Regulations currently used by the County will offer a logical starting point for further analysis and discussion. The primary rationale for this approach is the presumed applicability of these regulations to much of the City's built and "vested" development. Given that Aventura may care to deviate from the County regulations, several alternatives can considered by the City. For example, portions of the state's Model Land Development Code may offer some desired advantages. Alternately, jurisdictions with development characteristics that Aventura might emulate could serve as models, in part, for potential local code requirements. With respect to the City's already devel- oped areas, code deliberations may warrant inclusion of requirements with specified retroactive or am- ortization provisions. Regardless of the specific provisions of the City's Land Development Regulations, it is the intent of IH&W to produce user-friendly, graphics-oriented tools. In cases where either text or a table or a graphic could provide the necessary guidance and direction to developers within the City, our objec- tive will be to use illustrative rather than narrative elements. The ClOz o£Aventura and lve~, tYarrl$ & Walls, Inc. Team of Excellence Work Program The Cl(y of Aventura and Ivey, Harris & ~Valls, Inc. Team of Emcellence Optional Elements Economic Development & Urban Design Elements The City of Aventura indicated a desire to prepare an Economic Development Optional Element as part of the development of the City's Comprehensive Plan. In addition, we propose the preparation and inclusion of an Urban Design Element IH&W will be responsible for preparing these Elements in con- junction with the development of required Rule 9J-5, FAC Elements. IH&W proposes to prepare the Economic Development Element using its in-house staff resources and previous experience with such projects as the Orlando Sanford Airport Economic Development Master Plan and the U.S. 17-92 Corridor Redevelopment Analysis. In order to complete this element, several basic issues with respect to the City's targeted industries, their preferred locations, and the strategies the City will choose to promote must be clearly articulated. The City's objective to excellence is one that can be clearly demonstrated vis-a-vis its overall 'look,' aesthetic character, and favoritism to residents and patrons at a human scale. We believe that a commit- ment to good urban design that builds upon the already established core areas of the Aventura mall and the Turnberry Isle development provides a logical benchmark for future upgrades and extensions else- where in the City. Particular emphasis should be placed on the City's major arterials, such as U.S. 1 and the Lehman Causeway, along with the remaining, undeveloped or underdeveloped waterfront edges. This element will serve as a broad framework for more specific guidelines and requirements found within the Land Development Regulations. Schedule Planning Process Tasks & Subtasks Consultant Selection Finalize Scope of Services/Contract Negotiation Comprehensive Plan Preparation Data and Analysis (including mapping) Public Participation Activities Concurrency Management System Goals, Objectives and Policies Submit Draft Plan per DCA Review Plan Revisions per DCA ORC Report Plan Adoption Land Development Regulations Public Participation Compilation of Various Codes Review of Summary Draft Regulations Adoption of Final Regulations 1997 1998 1999 J F MAM J J A S ON D J F M AM J J A S O N D J F MAM the Cl(y of Aventura and Ivey, Harris & Walls, lnc, Team of f. xce//ea~ ,' Key Personnel The following are key individuals selected to prepare the City of Aventura's Comprehensive Plan and Land Development Regulations. Joel A. Ivey Principal-In-Charge Mr. Ivey is one of the three original founders of Ivey, Harris & Walls, Inc. He will be primarily responsible for assuring the necessary resources are committed to complete all project assignments on schedule and within budget. B. Gary Dickens, AICP Project Manager Mr. Dickens will be responsible for supervising all technical aspects of this project, project management, and coordi- nation with the City of Aventura staff. He is well-versed in this role, serving in a similar capacity with many local govern ments, school districts, and agencies such as the Florida Department of Transporation. Mr. Dickens will be the contact person with the City. Todd ]. Pokrywa and Melinda Claybrook Project Planners Mr. Pokrywa and Ms. Claybrook will be responsible for day to day preparation of the comprehensive plan and land development regulations including text and maps. With extensive prior experience in these roles, they also will assist in the facilitation and presentation at workshops and public hearings. Carolyn R. Shultz and Shannon M. Carter Environmental Specialists Ms. Shultz and Ms. Carter will be assisting the project planners and serve in a lead role in the environmental issues. Fraser S. Howe, P.E. Infrastructure Engineer Mr. Howe will provide guidance and direction to the project planners as it relates to the technical aspects of infrastucture. Daryl Richard Graphics Suppo~c Mr. Richard will be responsible for all aspects of map creation and associated graphics support. 1'earn of ~:cellen, , l'he Oty of Aventura and Ive~ H~rrl~ & Wall~, Inc. CITY OF AVENTURA OFFICEOFTHECITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council _~, EMria~c~. 1S01 r~; Cit~a~.~ Resolution Requesting State Legislature to Allow Local Control of Gun Regulations March 18, 1997 City Council Meeting Agenda Item In accordance with the direction of the City Council at the March 4, 1997 meeting, attached is a Resolution requesting the State Legislature to repeal the Uniform Firearms Act and allow local governments to consider the enactment of appropriate firearms control measures. Attachment EMS/aca CC0250-97 CITY OF AVENTURA OFFICE OF THE CITY COUNCIL MEMORANDUM TO: FROM: DATE: Eric M. Soroka, City Manager Ken Cohen, Councilmember'~'~/~7 February 26, 1997 SUBJECT: Local Gun Control Please place the following matter on the next agenda for discussion and possible action by the City Council: Resolution Requesting State Legislature to Allow Local Control of Gun Regulations. KCAms RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, URGING THE FLORIDA LEGISLATURE TO REPEAL THE JOE CARLUCCI UNIFORM FIREARMS ACT AND ALLOW LOCAL GOVERNMENTS TO CONSIDER THE ENACTMENT OF APPROPRIATE FIREARMS CONTROL MEASURES TO ENSURE THE SAFETY OF THEIR CITIZENS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the recent wave of shooting deaths in Dade County demands an appropriate government response; and WHEREAS, prior to the adoption of the Joe Carlucci Uniform Firearms Act, §790.33, Florida Statutes (1995) by the Florida Legislature in 1987, local governments, including Metropolitan Dade County, had the authority to enact ordinances related to the regulation of firearms for the purpose of protecting the public health and safety of its citizens; and WHEREAS, Metropolitan Dade County exercised this authority by establishing a regulatory framework for the sale, distribution, transfer, ownership and possession of firearms; and WHEREAS, all of the ordinances pertaining to the regulation of firearms by Metropolitan Dade County, as well as all other counties and municipalities in the state, were preempted and made null and void by the Joe Carlucci Uniform Firearms Act; and WHEREAS, the state's regulation of firearms is demonstrably ineffective in providing the protection that the public deserves; and WHEREAS, the City Council of the City of Aventura believes that this tragic problem may be ameliorated by allowing local jurisdictions to cooperate with the state in the regulation of this area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. This Council strongly urges the Florida Legislature to repeal the Joe Carlucci Uniform Firearms Act, thereby allowing local governments the opportunity to enact forceful and effective ordinances designed to curb the alarming escalation of tragic shootings which endanger the public health and safety of their citizens. Resolution No. Page 2 Section 2. This Resolution shall become effective immediately upon its adoption. who The foregoing resolution was offered by Councilmember moved its adoption. The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: Councilmember Jay R. Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey M. Perlow Councilmember Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder PASSED AND ADOPTED this 18th day of March, 1997. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ClTY ATTORNEY CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: City Council Eric M. Soroka, Cit~.~ March 12, 1997 x SUBJECT: Ordinance Establishing a Fee Schedule for Lien Review Requests Ist Reading March 18, 1997 City Council M .e.eting Agenda Item 2nd Reading April 1, 1997 City Council Meeting Agenda Item RECOMMENDATION It is recommended that the City Council adopt the attached Ordinance which establishes fees for the review and provision of information relative to outstanding or pending City liens. The fees also cover costs associated with the preparation and recording of liens. BACKGROUND The City Clerk's office receives numerous requests relative to pending lien information regarding real estate transactions. In addition, the Clerk's office will be involved with preparing liens as part of the code enfomement process. A fee schedule was developed to offset the administrative costs associated with the lien inquiries. A minimum service fee of $25.00 per request was established. The following additional fees have also been established: · Lien preparation and recording ............ $55.00 · Lien satisfaction preparation (City) ......... $45.00 · Lien satisfaction (other than City) .......... $20.00 If you have any questions, please feel free to contact me. EMS/aca Attachment CC0252-97 ORDINANCENO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA ESTABLISHING FEES FOR THE PROVISION OF INFORMATION CONCERNING OUTSTANDING OR PENDING CITY LIENS; PROVIDING A FEE SCHEDULE FOR THE PREPARATION AND RECORDATION OF LIENS AND LIEN SATISFACTIONS; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City Administration has, from time to time, received requests for information concerning outstanding or pending City liens; and WHEREAS, this City Council wishes to provide a fee schedule for the preparation and recording of liens and lien satisfactions filed as a result of unpaid and delinquent charges imposed for services provided by the City, unpaid and delinquent code enforcement penalties and such other unpaid and delinquent charges for which a lien may be filed by the City and for the preparation of information as to the status of such charges and liens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. A minimum service fee of $25 per request shall be charged to a person or entity making a request for information concerning outstanding or pending charges or liens. Requests which require more than one hour of clerical time shall be assessed additional fees of $25 per hour. Section 2. The following service fee schedule is hereby established for the Ordinance No. 97- Page 2 preparation and recordation of liens and lien satisfactions: (1) Lien preparation and recording (2) Lien satisfaction preparation (recording by City) (3) Lien satisfaction (recording by party other than City) $55.00 $45.00 $20.00 Section. 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Effective Date. This Ordinance shall be effective upon adoption on second reading. The foregoing Ordinance was offered by Councilmember , who moved its adoption on first reading. This motion ., and upon being put to a was seconded by Councilmember vote, the vote was as follows: Councilmember Jay R. Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey M. Perlow Councilmember Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder Ordinance No. 97- Page 3 The foregoing Ordinance was offered by Councilmember ., who moved its adoption on second reading. This motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: Councilmember Jay R. Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey M. Perlow Councilmember Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this __ day of March, 1997. PASSED AND ADOPTED on second reading this __ day of April, 1997. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY /tms E CITY OF AVENTURA OFFICEOFTHEClTYMANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council ;ria;c~' 1S2 ,° r:;;; C '~/?'t Lease Agreement With Florida East Coast Railway Company for Landscape Buffer ! Beautification West of Biscayne Boulevard March 18, 1997 City Council Meeting Agenda Item RECOMMENDATION It is recommended that the City Council adopt the attached Resolution that authorizes the execution of a lease agreement with Florida East Coast Railway Company for the right-of-way adjacent to the railroad tracks in order to provide a landscape buffer. The lease extends from N.E. 203rd Street to the northerly end of the railway's bridge for the Oleta River. BACKGROUND One of the major priorities of the City Council has been to continue the landscape buffer along the railroad tracks north of Lehman Causeway. Attached is a standard lease agreement with FEC Railway Company that accomplishes the following: 1. Assumes the lease agreement and maintenance responsibilities previously granted to Turnberry Associates for the area north of the causeway to N.E. 203rd Street. 2. Adds the area south of the causeway to the City's southern boundary. 3. Will provide the area necessary to continue the landscape buffer in the north to the southern area of the City when the Biscayne Boulevard Widening Project is complete in that area. The annual rental cost is $4,000. The City assumed the maintenance of the landscape buffer in the northern portion in January 1997. Memo to City Council Page 2 It should be pointed out that this is a standard FEC lease agreement and is not subject to change or negotiations. The lease is for a period of one (1) year and is automatically renewable by merely retaining possession and making the rental payments. The lease may be terminated at anytime by the City or FEC upon thirty (30) days notice. It is the same lease agreement executed by Turnberry Associates. In my discussions with the FEC, I expressed my concern regarding the term of the · lease. I was informed that this is standard FEC policy, and it is unlikely that FEC would need or use the leased area in the future. Although the lease arrangement is not advantageous to the City in order to accomplish the goal of providing a landscape buffer south of the causeway, I recommend we execute the lease. If you have any questions, please fee free to contact me. EMS/aca Attachment CC0255-97 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED LEASE AGREEMENT FOR PROPERTY TO BE USED AS A LANDSCAPE BUFFER AND BEAUTIFICATION BY AND BETWEEN THE CITY OF AVENTURA AND FLORIDA EAST COAST RAILWAY COMPANY; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized on behalf of the City of Aventura to execute and otherwise enter into the Lease Agreement for property to be used as a landscape buffer and beautification, by and between the City of Aventura and Florida East Coast Railway Company, attached hereto and incorporated herein as specifically as if set forth at length hereat. Section 2. The City Manager is hereby authorized to do all things necessary and expedient in order to effectuate the execution of the attached Agreement described in Section 1 above, and to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Councilmember who moved its adoption. The motion was seconded by Councilmember and upon being put to a vote, the vote was as follows: Resolution No. Page 2 Councilmember Jay R. Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey M. Perlow Councilmember Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder PASSED AND ADOPTED this 18th day of March, 1997. ARTHURI. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EMS/tms FLORIDA EAST COAST RAILWAY COMPANY Telephone (904) 826-2269 FAX (904) 826-2322 February 5, 1997 File: 353-60 OJUS: City of Aventura Lease of Space for Beautification MP 352 + 372'+ Mr. Eric M. Soroka, City Manager City of Aventura Government Center 2999 N.E. 191st Street, Suite 500 Aventura, FL 33180 Dear Mr. Soroka: This has reference to your request to lease a portion of Railway's right of way as captioned above for beautification purposes. Enclosed for your handling for execution are duplicate originals of Lease Agreement to cover at annual rental of $4,000.00, plus Florida Sales and Use Tax if applicable. Kindly handle for execution in accordance with instructions attached to the agreement, returning the duplicate originals to this office for completion, afier which one fully executed agreement will be returned to you for your file. Your prompt handling and return is requested. Sincerely yours, Industrial Development & Real Estate MOB/ver Enclosures THIS LEASE, is effective this day of A.D. 19 , by and between FLORIDA EAST COAST RAILWAY COMPANY, hereinafter called "Railway" and CITY OF AVENTURA, a Municipal Corporation of the State of Florida, whose address is Government Center, 2999 N.E. 191st Street, Suite 500, Aventura, Florida 33180, hereinafter called "Lessee", WITNESSETH: That in consideration of the covenants herein contained to be kept and performed, Kailway does hereby lease to said Lessee the following described property: That portion of Railway's right of way lying a minimum of 25 feet east of Railway's easterly most track between the south line of N.E. 203rd Street 0VIP 352 + 372'~:) and the northerly end of Railway's bridge for the Oleta River 0VIP 353 + 4236'±). All as shown on Railway's Drawing C-160, dated 12/29/96, Sheets 1 and 2,, attached hereto and made a part hereof. ~-~ / ~ File: 353-60 Page 1 TO HAVE AND TO HOLD the hereby leased property: For the term of one (1) year from the effective date hereof subject to renewal as provided in paragraph D hereof, or until terminated as hereinafter provided. LESSEE COVENANTS TO PAY RENTAL AS FOLLOWS: An annual rental of $4,000.00, plus Florida Sales and Use Tax if applicable, payable in cash upon the execution and delivery of this lease, and if renewed, the same amount in cash in advance for each and every year thereafter until terminated. All rentals for initial and renewal terms are payable in cash on the date specified, in advance, without oral or written demand. Lessee hereby expressly waiving such demand. LESSEE AND RAILWAY COVENANT AS FOLLOWS: A. In the event of termination of this lease by Railway before the expiration of the initial or any renewal terms, any rental paid in advance unearned shall be returned to Lessee, less any amounts owing to Railway under this lease. B. That none of the provisions hereof shall be waived or modified, except by Railway, or by mutual agreement, in writing, and no alleged verbal or written inducement prior to execution nor subsequent verbal waiver, or modification, shall be binding under any circumstances. Further, that this lease constitutes the entire understanding of the parties and that neither the failure of the Railway to enforce each and every provision, nor any course of conduct by the Railway shall be considered as a waiver of these provisions. C. Either party may, in its discretion, for any reason whatsoever, terminate this lease at any time by the giving of notice to the other party as hereinafter provided. If this lease is for a term of one or more years, then 30 days prior notice in writing of the intention of the party to terminate this lease shall be given to the other party. If this lease is for any term less than one year, then 10 days prior notice in writing of the intention of the party to terminate this lease shall be given to the other party; PROVIDED, HOWEVER, Railway mayi at its option, terminate this lease for any default or breach of lessee by giving 2 days notice in writing of such termination to the lessee. Any notice of termination shall be delivered to the other party by placing such notice in the United States mall with sufficient postage directed to the other party's post office address, either as last furnished to the terminating party or as otherwise known to it. D. If Lessee holds over and remains in possession of the hereby leased property after the expiration of the term specified in this lease, or any renewals of such term, this lease shall be considered as renewed for one (I) year, subject to the same terms and conditions as herein contained in this lease. That Lessee shall have no expectation of renewal and that the term of this lease is only Page 2 for the time specified herein, subject always to the termination provisions and regardless of the length of time that Lessee has occupied the leased property, or the construction by Lessee of any buildings, structures, works, paving, barricades or personal property placed thereon. E. That if any provision or provisions of this lease shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. F. That Lessee shall use the leased property only for: Beautification AND LESSEE COVENANTS WITH RAILWAY AS FOLLOWS: 1. To keep the leased property and any buildings or other structure, now or hereafter erected thereon, in good condition and repak at Lessee's own expense during the existence of this lease, and to keep the leased property or premises free and clear of any and all grass, weeds, brush and debris of any kind, so as to prevent the same becoming dangerous, inflammable or objectionable. Railway shall have no duty to inspect or maintain any of the leased property, buildings, or other structures, if any, during the term of this lease. 2. To vacate, quit and deliver up the leased property on or before any termination date of this lease in as good condition as it is now. 3. Not to erect or cause to be erected any building or other structure, or any addition to existing buildings or structures on the leased property without first obtaining the approval in writing by Railway of the location, material and construction of the same. 4. Not to sublet the leased propen'y or any part thereof, nor assign this lease, without the consent in writing of Railway, this lease beingexecuted by Railway upon the credit and reputation of Lessee. Acceptance by Railway of rental from a third party shall not be considered as an assignment. 5. Not to take any action or allow any action to be taken by third parties which will interfere with or disparage Railway's title to the leased property. 6. Not to permit the use of the leased property in any manner that will obstruct or interfere with the operation of the Railway, or use of its property. 7. Not to make or suffer any waste or any unlawful, improper, or offensive use of the leased property or premises, or any use disapproved by Railway. Page 3 8. To the extent allowed by law, and subject to the limitations of Florida State Statutes 768.28, to indemnify, save and hold harmless Railway, its agents, servants and employees from and against all loss, claims, costs charges, expense, suits, damage and judgments, which they may suffer, sustain or in anywise be subjected to, or for which it may be held liable on account of the death, personal injuries, damage or loss to any person or persons, including employees, agents and officers of Railway and of Lessee, directly or indirectly arising out of or on account of the leasing to or use of the property by Lessee; whether due or claimed to be due by the joint negligence of Railway, its employees, agents or servants, or otherwise. 9. To the extent allowed by law, and subject to the limitations of Florida Statutes 768.28, to indemnify, save and hold harmless Railway, its agents, servants and employees from and against all loss, claims, costs, charges, expense, suits, damage and judgments, which they may suffer, sustain or in anywise be subjected to, or for which it may be held liable on account of any loss or damage caused in any manner to any of Lessee's buildings, structures, works and any personal property whatsoever of Lessee, situated, placed, kept or stored on, in or near the property or premises hereby leased, as well as on account of loss or damage to any personal property whatsoever, not owned by Lessee, whether owned by Railway or by others, arising directly or indirectly out of or on account of the leasing to or use by Lessee of the property hereby leased; whether due or claimed to be due by the joint negligence of Railway, its employees, agents or servants or otherwise. 10. To the extent allowed by law, and subject to the limitations of Florida Statutes 768.28, to indemnify Railway for all loss, claims, damage, costs and expenses, including attorneys' fees and environmental cleanup costs arising from Lessee's presence upon or use of the leased premises which causes the premises to become contaminated by toxic or hazardous substances or wastes above levels which exceed the allowable levels as set forth in local, state or federal laws and regulations. Railway shall have the right, at reasonable times during the term of this Lease, upon prior notice to Lessee and accompanied by a representative of Lessee (except in cases of emergency) to enter the leased property, including any building or structure that may at any time be on the leased property, for the purpose of examining and inspecting the condition of the leased property and to ensure Lessee's compliance with the terms and conditions of this Lease. 11. To be responsible for and pay Railway the actual cost and expense Railway may incur in paying for, repairing or replacing any engines, cars, rail material, cross-ties, equipment, tools, machinery, freight or other property whatsoever, either owned or in possession of Railway, lost or damaged by any default by Lessee hereunder, or negligence, affirmative act, or omission of Lessee. 12. To perform, at the sole expense of Lessee, all work required in the preparation of the property or premises hereby leased for occupancy by Lessee, in the absence of any special provision herein contained to the contrary; and Lessee does hereby accept the leased property or premises as now being in fit and tenantable condition for all purposes of Lessee. Page 4 13. To pay, within thirty (30) days after presentation unto Lessee by Railway of bills for the same, all special assessments, ad valorem taxes, and any other taxes of whatsoever kind or nature levied by the United States of America, State of Florida, any county, municipality or special taxing district organized and existing under the laws of the State of Florida, upon any of the property or premises herein leased. All taxes and special assessments, payable on an annual basis, are to be pro- rated by the parties hereto for the year during which this lease is made, as well as the year in which the same may be terminated. 14. To pay in the same manner as provided in Paragraph 13 hereof, the amount of any necessary documentary stamp taxes required to be affixed to this lease under the laws of the United States of America, the State of Florida, or both. 15. To pay, either directly or upon bills presented unto Lessee by Railway within thirty (30) days al~er presentation of the same, all bills for electricity for lighting or power, gas, water, telephone and telegraph services, or the proportionate part of the same used by Lessee upon or in the leased property or premises. 16. That it will indemnify, save and hold harmless Railway from any loss, claim or damage which Lessee may sustain arising directly or indirectly by reason of either existing or future zoning or other regulations promulgated by any governmental agency which may adversely affect use by Lessee of the lands hereinabove described, and Lessee shall assume all responsibility for procuring or complying with any ordinance, resolution, order, permit, consent or other such regulation, promulgated by any governmental agency whatsoever, for building or otheradse, required for the use of the premises hereinabove described or for the construction of any facilities upon such premises. 17. That it shall not permit others to use the whole or any part of the leased property or premises, except under and in compliance with the terms and conditions of this lease, and Lessee shall hold Railway harmless as to any such use. 18. That none of the provisions of Paragraph "A" hereof shall be construed ns any waiver by Railway of any landlord's lien or liens of Railway upon any personal property, buildings or structures of Lessee, for any rental due or to become due hereunder unto Railway, and Lessee shall not remove any such structures, buildings or personal property from the hereinabove described premises, unless and until all rentals and any other sum of money herein specified to be paid the Railway shall have been fully paid unto Railway. 19. That Lessee shall remove any buildings, structures, works or personal property upon the leased property or premises, including any such items placed upon the leased property or premises subsequent to the date of this lease on or before any termination date of this lease, upon request from the Railway to do so, and in default thereof, such property shall become the property of the Railway. PROVIDED, HOWEVER, Railway may, at its option cause removal of the same from the hereby Page 5 leased property or premises and/or storage thereof, and storage of any of Lessee's property and property of others, placed by or with Lessee's permission or sufferance on the hereby leased property or premises. The reasonable cost or expense of removal and/or storage of any buildings, structures, works or personal property shall be paid by Lessee unto Railway forthwith upon demand for same. 20. That is waives and relinquishes any legal rights and monetary claims which it might have for full compensation, or damages of any sort, including but not limited to special damages, severance damages, removal costs or loss of business profits resulting from its loss of occupancy of the leased property specified in this agreement, or adjacent properties owned or leased by it, when any or all of such properties are taken by eminent domain proceedings or sold under the threat thereof. That this waiver and relinquishment applies whether (1) this lease is in existence on the date of taking or sale; or (2) has been terminated prior thereto. 21. That it is expressly agreed by and between the parties hereto that any obligations of the Lessee under the terms of this agreement which are not paid within thirty (30) days of presentation of bills for same by Railway shall bear interest at the rate of twelve per cent (12%) per annum compounded annually fi-om the date of presentation of the bill until same shall be paid. It is further expressly agreed that in the event Railway shall institute and prevail in any action or suit for the enforcement of any of its rights under the provisions of this agreement, Lessee will pay to Railway a reasonable attorney's fee on account thereof. Also in the event of litigation, the parties agree that the laws of the State of Florida will apply. In an action to enforce any of the provisions of this agreement, the parties hereto specifically agree that venue shall lie in St. Johns County, Florida. 22. That its facilities and operations on the herein leased area shall conform to all applicable regulations and ordinances of any governmental agency having jurisdiction thereof. 23. That, at its expense, it will install and maintain facilities to prevent accumulation of surface water, industrial liquids, solid waste matter and sanitary waste resulting from Lessee's operations within the herein leased area. Such facilities to be approved by the Railway and any other governmental agency having jurisdiction thereof. 24. Should any portion of the property described in this lease be used for the loading, unloading or storage ofha?ardous materials, the Lessee shall (1) be solely responsible for ascertaining that local, state and federal laws, ordinances and regulations do not prohibit the loading, unloading or storage of hazardous materials on the leased property and (2) be solely responsible as between the Railway and the Lessee, for complying with all of the foregoing laws, ordinances and regulations which affect or regulate the loading, unloading or storage operations of hazardous materials on this leased property. Page 6 25. It is understood between the parties hereto that Railway reserves unto itself, its successors, permittees, licensees, or other persons, the right to construct and maintain other facilities, including but not limited to, pipelines and/or communication cables, over and across the Railway's affected here'm leased property, and further, that Lessee shall take no measures to interfere with the construction or maintenance of said facilities and shall at all times allow ingress and egress to the herein leased property by said successors, pennittees, licensees or other persons. 26. Lessee will do no grading on said leased ground space that will in any manner interfere with the Railway's roadbed or other facilities. 27. Lessee is specifically notified that its personnel may be working in an area containing buried active fiber-optic transmission cables as well as other cables and other facilities. Great care will be taken by the Lessee to ensure that no damage is done to those cables and facilities. However, if a cable or other facility is damaged or cut, Lessee agrees to indemnify Kailway for any monetary damages which may result. 28. Lessee agrees that no plants, shrubbery, trees, or other vegetation that would obstruct the view of motor vehicles or train crews using a crossing at grade, or interfere with the operation of trains, will be placed on the above described property; in addition to the above restriction, no plants, shrubbery, trees or other vegetation having a height of more than two (2) feet will be placed within two hundred and fifty (250) feet of any at grade street crossing, and if such vegetation exceeds two (2) feet in height, the Railway may trim such vegetation to a two (2) foot height at Lessee's expense; that said plants, shrubbery, trees or other vegetation shall be trimmed by the Lessee so as to maintain this distance from the centedine of the nearest track of twenty-five (25) feet and if such vegetation is closer than twenty-five (25) feet from the centerline of the nearest track, the Railway may trim or remove such vegetation so that no vegetation is within twenty-five (25) feet of the centerline of the nearest track at Lessee's expense. However, this restriction in no way limits the indemnification provisions of this Lease as set forth in Paragraphs 8 and 9 hereof. Also, no plants, shrubbery, trees or other vegetation ora ha?ardous nature that might produce injury to any person coming in contact with said plants, shrubbery, trees or other vegetation will be placed upon said property of Railway by the Lessee. The placement of any wells by the Lessee on the property of the Railway is strictly prohibited. 29. Lessee recognizes ownership of said property by the Railway and Lessee has no intention of setting up any claim of ownership to the herein leased properties. 30. Lessee shall, at its sole cost and expense, install, maintain, and/or replace such barricades and bumping blocks, as required by the Railway, to prevent automobiles from being parked or rolling beyond the space hereby leased. In the event Lessee does not maintain, and/or replace said barricades or bumping blocks to prevent automobiles from being parked or rolling beyond the space hereby leased within thirty (30) days after notification by Railway, then, in that event, this lease agreement shall be canceled and Lessee shall immediately vacate the property. Page 7 31. The property hereinabove described is subject to that certain Blanket License Agreement by and between Railway and AK Media Group, Inc. d/b/a AK Media/Florida dated January 1, 1991, covering signboards located on the leased property. Lessee is advised that AK Media Group, Inc. d/b/a AK Media/Florida's right of access to the signboards is superior to that of Lessee and, further, that Lessee shall immediately move or relocate any facilities which it may have in the vicinity of the signboards at the request of, and at no cost to AK Media Group, Inc. d/b/a AK Media/Florida, such costs to be borne solely by Lessee. 32. To the extent allowed by law, and subject to the limitations of Florida State Statute 768.28, to indemnify, save and hold harmless Railway from any loss, claim or damage to plants, shrubbery, trees or other shrubbery or other vegetation arising from Railway's use of herbicides in Railway's weed control program. 33. Lessee represents that it has acquired all leasehold interests of prior Lessee, Turnberry Associates, under Lease Agreement dated August 1, 1990, between Railway and said prior Lessee covering a portion of the hereinabove described property. Said prior Lease Agreement is cancelled and superseded by this document. ~11111111111111111111 Page 8 IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed under the seal. Signed, sealed and delivered in the presence of: FLORIDA EAST COAST RAILWAY COMPANY, a Florida Corporation Witnesses as to Railway By: C. F. Zellers, Jr., President Attest: Mary C. Mueller, Assistant Secretary Date of Execution: CITY' OF AVENTURA a Municipal Corporation of the State of Florida Witness as to Lessee ~.(Print Name) ~By: (SEAL) Eric M. Soroka, City Manager ~Pfintlqame'~ric M. Soroka /Witness as to Lessee ,At~dnt Nme,). .~ttest: Teresa M. Smith, City Clerk .z(PdntName)Teresa M. Smith /Date of Execution: / Approved as to Form: Page 9 MAR 12 '~7 14:5~ FEC ST.AU~USTINE, FL FLORIDA EAST COAST RAILWAY COMPANY T~bphc~¢ (904) 826-2269 FAX (904) 826-2322 March 12, 1997 File: 353-60 City of Aventura Lease of Space for Beautification MP 352 + 372'~ VIA FACSIMn_ .F_ TO: (305) 466-8919 Mr. Eric M. Soroka, City Manager City of Aventura 2999 N.E. 191 Street, Suite 500 Aventura, FL 33180 Dear Mr. Soroka: This has reference to letter you recently faxed to me from your attorney, Stephen J. Helfman, regarding terms and conditions of Railway's standard beautification agreement. The following will attempt to answer the numerous questions raised by Attorney Helfman: Copy of 8/1/90 agreement for Tumberry Associates attached. With respect to the improvements placed on the property by Turnberry, as long as those improvements conform to terms of Paragraph 28, there should be no violations of the lease provisions. Our mmmgement will only allow us to cover portions of our operating right of way under our standard one year 30 day cancelable agreement. The agreements are considered to be ongoing provided lessee adheres to the lease terms and property is not required for additional rail operation. The 30 day cancellation clause is standard in all agreements of this nature and our management will not allow us to alter this provision. The specified use as beautification for the teased area covers plantings of various types and sizes. Site plans of any additional improvements must be forwarded to the Railway for r~vicw and approval and must conform to restrictions of Paragraph 28. Provisions of Paragraph 28 are standard with respect to beautification agreements and any plantings must conform to restrictions. Mr. Eric M. Soroka March 12, 1997 File: 353-60 l~age Two Provisions of Paragraph 30 will be applicable in the event the City requests modifications to allow for parlfug on certain areas of the leasexi area. At this time, Se agr~ment does not allow for parking and any modification of the current use would necessitate a specific request from the City for modification of~he agreement. I trust the fore§oin$ will clarify some of your attorney's concerns and you will recognize that the terms of the agreement represent the standard provisions for property of this nature. Sincerely yours, M~,' O,~a~anager Industrial Development & Real Estate MOB/vet THIS LEASE, is effective this 1st day of August A.D. 1990 , by and between FLORIDA EAST COAST RAILWAY COMPANY, herein- after called "Railway" and TORNBERRY ASSOCIATES, a Florida General Partnership, whose address is 19735 N.E. 36th Court, North Miami, Florida 33180, hereinafter called "Lessee". WITNESS ETH: That in consideration of the couenants herein contained, to be kept and performed, Railway does hereby lease to said Lessee the following described property: That portion of Railway's right of way lying a minimum of 25 feet east of Railway's easterly most track between the south line of N. E. 203rd Street and the north line of Miami Gardens Drive. All as shown on Railway's Drawing No. C-108, dated May 23, 1989, attached hereto and made a part hereof. Page File: 353-60 TO HAVE AND TO HOLD the hereby leased property: For the term of one (1) year from the effective date hereof subject to renewal as provided in paragraph "D" hereof, or until terminated as hereinafter provided. LESSEE COVENANTS TO PAY RENTAL AS FOLLOWS: An annual rental of $2,400.00, plus Florida Sales and Use Tax, payable in cash upon the execution and delivery of this Lease, and if renewed, the same amount in cash in advance for each and every year thereafter until terminated. Ail rentals for initial and renewal terms are payable in cash on the date specified, in advance, without oral or written demand. Lessee hereby expressly waiving such demand. LESSEE AND RAILWAY COVENANT AS FOLLOWS: A. In the event of termination of this lease by Railway before the expiration o~ the initial or any renewal terms, any rental paid in advance unearned shall be returned to Lessee, less any amounts owing to Railway under this lease. B. That none of the provisions hereof shall be waived or modified, except by Railway, or by mutual agreement, in writing, and no alleged verbal or written inducement prior to execution nor subsequent verbal waiver, or modification, shall be binding under any circumstances. Further, that this lease constitutes the entire understanding of the parties and that neither the failure of the Railway to enforce each and every provision, nor any course of conduct by the Railway shall be considered as a waiver of these provisions. C. Either party may, in its discretion, for any reason whatso- ever, terminate this lease at any time by the giving of notice to the other party as hereinafter provided. If this lease is for a term of one or more years, then thirty (30) days prior notice in writing of the intention of the party to terminate this lease shall be given to the other party. If this lease is for any term less than one year, then ten (10) days prio~ notice in writing of the intention of the party to terminate this lease shall be given to the other party; PROVIDED, HOWEVER, Railway may, at its option, terminate this lease for any default or breach of lessee by giving two (2) days notice in writing of such termination to the lessee. Any notice of termination shall be delivered to the other party by placin~ such notice in the United States mail with sufficient postage directed to the other party's post office address, either as last furnished to the terminating party or as otherwise known to it. D. If Lessee holds over and remains in possession of the hereby leased property after the expiration of the term specified in this lease, or any renewals of such term, this lease shall be considered as renewed for one (]) year, subject to the same terms and conditions as herein contained in this lease. That Lessee shall have no expecta- tion of renewal and that the term Of this lease is only for the time Page 2 specified herein, subject always to the termination provisions and regardless of the length of time that Lessee has occupied the leased property, or the construction by Lessee of any Duildings, structures, works, paving, barricades or personal property placed thereon. E. That if any provision or provisions of this lease shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. F. That Lessee shall use the leased property only for: Landscaping and Beautification AND LESSEE COVENANTS WIT~ RAILWAY AS FOLLOWS: 7. To keep the leased property and any building or other structure, now or hereafter erected thereon, in good condition and repair at Lessee's own expense duriOg the existence of this lease, and to keep the leased property or premises free and clear of any and all grass, weeds, brush and debris of any kind, so as to prevent the same becoming dangerous, infla~mable or objectionable. Railway shall have no duty to inspect or maintain aay of the leased property, buildings, or other structures, if any, during the term of this lease. 2. To vacate, quit and deliver up the leased property on or before any termination date of this %ease in as good condition as it is now. 3. Not to erect Or cause to be erected any building or other structure, or any addition to existing buildings or structures on the leased property without first obtaining the approval in writing by Railway of the location, material and construction of the same. 4. Not to sublet the leased property or any part thereof, nor assign this lease, without the consent in wri%ing of Railway, this lease being executed by Railway upon the credit and reputation of Lessee. Acceptance by Railway of rental from a third party shall not be considered as an assignment. 5. Not to take any action or allow aay action to be taken by third parties which will interfere with or disparage Railway's title to the leased property. 6. Not to permit the use of the leased property in any manner that will obstruct or interfere with the operation of the Railway, or use of its property. 7. Not to make or suffer any waste or any unlawful, improper, or offensive use of 'the leased property Or premises, or any use dis- approved by Railway. Page 3 MRR I2 '97 14:59 FEC ST,RUGUSTIHE, FL 8. To indemnify, save and hold harmless Railway, its agents, servants and employees from and against all loss, claim, costs, charges, expense, suits, damage and judgments, which they may suffer, sustain or in anywise be subjected to, Or for which it may be held liable on account of the death, personal injuries, damage or loss to any person or persons, including employees, agents and officers of Railway and of Lessee, directly or indirectly arising out of or on account of the leasing to or use of the property by Lessee~ whether due or claimed to be due by sole or joint negligence Of Railway, its employees, agents or servants, or otherwise. 9. To indemnify, save and hold harmless Railway, its agents, servants and employees from and against all loss, claims, costs, charges, expense, suits, damage and judgments, which they may suffer, sustain or zn anywise be subjected to, or for which it may be held liable on account of any loss or damage caused in any manner to any of Lessee's buildings, structures, works and any personal property whatsoever of Lessee, situated, placed, kept or stored on, in or near the property or premises hereby leased, as well as on account of loss or damage 'to any personal property whatsoever, not owned by Lessee, whether owned by Railway or by others, arising directly or indirectly out of or ne account of the leasing to or use by Lessee of the property hereby leased; whether due or claimed to be due by sole or joint negligence of Railway, its employees, agents or servants or otherwise. 10. To indemnify Railway for all loss, claims, damage, costs and expenses, including attorneys' fees and environmental cleanup costs arising from Lessee's presence upon or ~se of the leased premises which causes the premises to become contaminated by toxic or hazardous substances or wastes above levels which exceed the allowable levels as set forth in local, state or federal laws and regulations. 71. To be responsible for and pay Railway the actual cost and expense Railway may incur in paying for, repairing or replacing any engines, cars, rail materials, cross-ties, equipment, tools, machinery, freight or other property whatsoevert either owned or in possession of Railway, lost or damaged by any default by Lessee hereunder, or negligence, affirmative act, or omission of Lessee. 12. To perform, at the sole expense of Lessee, all work required in the preparation of the property or premises hereby leased for occupancy by Lessee, in the absence of any special provision herein contained to the contrary; and Lessee does hereby accept the leased property or premises as now being in fit and tenantable condition for all purposes of Lessee. 13. To pay, within thirty (30) days after p~esentation unto Lessee by Railway of bills for the sam~, all special assessments, ad valorem taxes, and any other taxes of whatsoever kind or nature levied by the United States of America, Sta~e of Florida, any county, Page 4 municipality or special taxing district organized and existing.under the laws of the State of Florida, upon any of the property or premises herein leased. All taxes and special assessments, payable on an annual basis, are to be pro-rated by the parties hereto for the year during which this lease is made, as well as the year in which the same may be terminated. 14. To pay in the same manner as provided in Paragraph 13 hereof the amount of any necessary documentary stamp taxes required to be affixed to this lease under the laws of the United States of America, the State of Plorida, or both. 15. To pay, either directly or upon bills presented unto Lessee by Railway within thirty (30) days after presentation of the same, all bills for electricity for lighting or power, gas, water, telephone and telegraph services, or the proportionate part of the same used by Lessee upon or in the leased property or premises. 16. That it will indemnify, save and hold harmless Railway from any loss, claim or damage which Lessee may sustain arising directly or indirectly by reason of either existing or future zoning oF other regulations promulgated by any governmental agency which may adversely affect use by Lessee of the lands hereinabove described, and Lessee shall assume all responsibility for procuring or complying with any ordinance~ resolution, order, permit, consent or other such regulation, promulgated by any governmental agency whatsoevsr, for building or otherwise, required for the use of the premises herein- above described or for the construction of any facilities upon such premises. 17. That it shall not permit others to use the whole or any part of the leased property or premises, except under and in'com- pliance with the terms and conditions of this Lease, and Lessee shall hold Railway harmless as to any such use. ~8. That none of the provisions of Paragraph "A" hereof shall be construed as any waiver by Railway of any landlord's lien or liens of Railway upon any personal property, buildings or structures of Lessee, for any rental due or to become due hereunder unto Railway, and Lessee shall not remove any such structureS, buildings or personal property f~om the hereinabove described premises, unless and until all rentals and any other sum of money herein specified to be paid the Railway shall have been fully paid unto Railway. 19. That Lessee shall remove any buildings, structures, works or personal property upon the leased property or premises, including any such items placed upon the leased property or premises subsequent to the date of this lease, on or before any termination date of this lease, upon request from the Railway to do so, and in default thereof, such property shall become the property of the Railway: PROVIDED, HOWEVER, Railway may, at its option cause removal of the same from Page 5 the hereby leased property or premises and/or storage thereof, and storage of any of Lessee's property and property of others, placed by or with Lessee's permission or sufferance on the hereby leased property or premises. The reasonable cost or expense of removal and/or sto~age of any buildings, structures, works or personal property shall be paid by Lessee unto Railway forthwith upon demand for same. 20. That it waives and relinquishes any legal rights and mone- tary claims which it might have for full compensation, or damages of any sort, including but not limited to special damages, severance damages, removal costs or loss of business profits resulting from its loss of occupancy of the leased property specified in this agreement, or adjacent properties owned or leased by it, when any or all of such properties are taken by eminent domain proceedings or sold under the threat thereof. That this waiver and relinquishment applies whether (1) this Lease is in existence on the date of taking or sale; or (2) has been terminated prior thereto. 22. That it is expressly agreed by and between the parties hereto that any obligations of the Lesaee under the terms of ~his agreement which are not paid within thirty (30) days of presentation of bills for same by Railway shall bear interest at the rate of twelve percent (12%) per annum from the date of presentation of the bill until same shall be paid. It is further expressly agreed %hat in the event Railway shall institute and prevail in any action or suit for the enforcement of any of its rights under the provisions of this agreement, Lessee will pay to Railway a reasonable attorney's fee on account thereof. Also in the event of litigation, the parties agree that the laws of the State of Florida will apply. In an action to enforce any of the provisions of this Agreement, ~he partie~ hereto specifically agree that venue shall lie in St. Johns County, Florida. 22. That its facilities and operations on the herein leased area shall conform to all applicable regulations and ordinances of any governmental agency having jurisdiction therof. 23. That, at its expense, it will install and maintain facilities to prevent accumulation of surface water, industrial liquids, solid waste matter and sanitary waste resulting from Lessee's operations within the herein leased area. Such facilities to be approved by the Railway and any other governmental agency having jurisdiction thereof. 24. Should any portion of the property described in this Lease be used for the loading, unloading or storage of hazardous materials, the Lessee shall (1) be solely responsible for ascertain- ing that local, state and federal laws, ordinances and regulations do not prohibit the loading, unloading or storage of hazardous materials on the leased property and (2) be solely responsible as between the Railway and the Lessee, for complying with all of the foregoing laws, ordinances and regulations which affect or regulate the loading, unloading or storage operations of hazardous materials on this leased property. Page 6 25. It is understood between the parties hereto that Railway reserves unto itself, its successors, permittees, licensees, or other persons, the right to construct and maintain other facilities, including but not limited to, pipelines and/or communication cables, over and across the Railway's affected herein leased property, and further, that Lessee shall take no measures to interfere with the construction or maintenance of said facilities and shall at all times allow ingress and egress to the herein leased property by said successors, permittees, licensees or other persons. 26. The property hereinabove described is subject to that certain Blanket License Agreement by and between Railway .and.'3~' Ackerley Communications, Inc. dated January l, .~.,~-c~ering signboards located on the leased property. Lessee is advised that Ackerley Co~unications, Inc. right of access to the sign- boards is superior to that of Lessee and, further, that Lessee shall immediately move or relocate any facilities which it may have in the vicinity of the signboards at the request of, and at no cost to Ackerley Communications, Inc., such costs to be borne solely by Lessee. 27. Lessee will do no grading on said leased ground space that will in any manner interfere with the Railway's roadbed or other facilities. 28. Lessee agrees that no plants, shrubbery or other vegeta- tion that would obstruct the view of motor vehicles or train crews using a crossing at grade, or interfere with the operation of trains will be placed on the above described property; in addition, no plants, shrubbery or other vegetation having a height of more than two feet will be placed within 250 feet, north and south, of the nearest edge of the crossing, nor will be placed closer than 25-feet from the centerllne of the nearest track. If such vegetation exceeds two feet in height, the Railway may trim such vegetation to a two foot height at Lessee's expense; that said plants, shrubbery or other vegetation shall be trimmed by Lessee so as to maintain this distance from the centerline of the nearest track, and if such vegetation is closer than 25-feet from the centerline of the nearest track, the Railway may, at Lessee's expense, trim or remove such vegetation, so that such vegetation is within the 25-foot setback. ~owever, this restriction in no way limits the indemnification provisions of this Lease as set forth in Paragraphs 8 and 9 hereof. No plants, shrubbery or other vegetation of a hazardous nature that might produce injury to any person coming in contact with said plants, shrubbery or other vegetation, will be placed upon said property of Railway by Lessee. 29. Lessee agrees that it will indemnify, save and hold harmless Railway from any less, claim or damage to plants, shrubbery or other vegetation arising from Railway's use of herbicides in Railway's weed control program. Page 7 30. During the term of this Agreement, or any extension thereof, Lessee shall, at its expense, obtain and maintain policies of General Liability Insurance which will name Railway as an additional insured and having limitations of coverage of not less than a combined single limit of $],000,000 for bodily injury and property damage for any single occurrence. Said insurance policies shall insure the Railway, its agents, servants and employees against any claims whatsoever, directly or indirectly, arising out of or oh account of the leasing to or use of the property hereby leased by Lessee, whether due or claimed to be due by the sole or joint negligence of the Railway, its agents, servants and employees, or otherwise. Certificates of Insurance acceptable to the Railway shall be filed with the Railway prior to the commencement of the term of this Lease. 31. This agreement cancels and supersedes that certain Lease Agreement by and between the parties hereto, dated August 7, 1989, covering the lease of space hereinabove desccibed. IN wITNEsS W~EREOF, the parties hereto have caused these presents to be duly executed under the seal. Signed, sealed and delivered in the presence of: witnesses as to6~ilway / FLORIDA EAST COAST RAILWAY COMPANY, a Florida Corporation Attest: Assistant Secretary Date of Execution: TURNBERRY ASSOCIATES, a Florida General Partnership By: ~ C/General Date of Execution: 03/10/97 17:56 WEIS SEROTA HELF ~002 A?TORNE¥$ AT LAW March 10, 1997 VIA FACSIMILE AND U,$, FAIr: Eric M. Soroka, City Manager :City of Aventura 2999 N.E. 191 Street Suite 500 Aventura, Florida 33180 Re: Lease between Aventura a~4 FE~ Railway ComDa~y Dear Eric: I have reviewed the proposed lease between the City and the FEC. I have interlineated hand written changes on a copy of the Lease which is enclosed. I also have the following additional comments which may result in further modifications to the Lease: 1. It appears that the City is entering into this Lease as a successor to TurnberryAssociates under a Lease Agreement, dated August 1, 1990. I was not provided with that Lease; however, would be interested in the terms of that agreement and whether they vary from the terms offered to the city. Additionally, to the extent that irmprovements to the property were made by Turnberry Associates, I believe it is important to document those improvements and have them acknowledged and agreed to in the new lease. 2. The lease is for a period of one (1) year and is automatically renewable by merely retaining possession and making the rental payments. I believe that a one (1) year term is very short, in particular if you intend to expend a~y sig/xificant money on the property. You may wish to negotiate for a term of greater than one (1) year. 3. Paragraph C of the lease provides that the lease may be terminated at anytime by the City or FtC upon thirty (30) days notice. I think that is unreasonable, in particular if you intend to spend money to improve the area. 03/10/97 17:56 ~EIS SEROTA HELF ~003 ~ric M. Soroka, City Manager March 10, 1997 Page 2 4. Paragraph F. of the Lease simply provides that the Droperty will be used for "Beaut£f£cation". I believe that it is important to more specifically specify how the City intends to use the property. To the extent that a site plan or planting plan has been developed, it should be specifically referenced and approved as part of the Lease. 5. Paragraph 28 specifically sets forth a limitation on the size, height ~tld location of plants. I would have this section reviewed to deterr~ine whether it is consistent with your plans for the property. 6. Paragraph '30 provides that the City will install barricades or bumper blocks to protect from any automobiles on the leased property encroaching beyond the limits of the leased property. If there are no parking areas intended for the property, I believe that this provision should be eliminated. After changes, proceed. SJ~i/dg 325.002 Enclosure you have had a chance to review this letter and my please call me so that we ~discuss how you wish to I look forward to hearing f o~you. / Sincer y, 03/10/97 17:57 ~IS SEROTA RELF ~004 THIS LEASE,/s effective this day of A.D. 19 o by and between FLOPdDA EAST COAST R~WAY COMPANY, herehaffer called "Railway" and CITY OF AVENTURA~ a Municipal Corporation of the State of Florida, whose address is Gove~-i-uhent Center, 2999 N.E. 191 st Street, Suite 500, Aventura, Florida 33180, hereinafter called "Lessee", WITNESSETH: That in consideration of the covenams herdn contained to be kept and performed, Railway does hereby lease to said Lessee the following descn"ocd property: Thai potion of Railway's fight of way lying a minimum of 25 feet east of Railway's e~_~terly most track between the south line of'N.l~.. 203rd Street ~ 352 + 372':t:) and the northerly end of Railway's bridge for the Oleta River ~ 353 + 4236'~). All as shown on R~'lway~s Drawing C-160. dated 12/29/96, Sheets I and 2,, attached her~m and made a pan hereof. File: 353-60 Page 1 03/10/97 17:57 I~EIS SEROTA HELF ~005 TO HAVE AND TO HOLD the hereby leased property: For the term of one (1) year from hie effective date hereof subject to renewal as provided in paragraph D hereof, or until terminated as hereinafter provided. LESSEE COVENANTS TO PAY RENTAL AS FOLLOWS: An annual rental of $4,000.00, plus Florida Sales and Use Tax if applicable, payable in cash upon the execution and deiive~y of this lea.sc, and if renewed, the same amount in cash in advance for each and every year thereaiter until terminated. Ali r0rrals for initial and renewal terms are payable in cash on the date specified, in advance, without oral or written demand. Lessee hereby expressly waiving such demand. LESSEE AND RAH.WAY COVENANT AS FOLLOWS: A_ In the event of termination of this lease by Railway before the expiration of the inltiai or any renewal terms, any rental paid in advance unearned shall be returned to Lessee, less any amounts owing to Railway under this lease. B. Thai none of the provisions hereof shall bc waived or modified, except by Railway, or by mutual agreement, in writing, and no alleged verbal or written inducement prior to execution nor subsequent verbal waiver, or modification, shall be binding under any circumstances. Further, that ~ lease conslltutes the entire understanding of thc parties and thai neither tim failure of the Railway to enforce each and every provision, nor any course of conduct by the Railway shall be considered as a waiver of these provisions. C. Either party may, in its discretion, for any reason whatsoever, terminate this lease at any time by the giving of notine to the other party as hereinafter provided. If this lease is for a term of one or more years, then 30 days prior notice in writing of the intention of the party to term;,~te this lease shall be given to the other party. If this lease is for any term less than one year, then 10 days prior notice in writing of the intention oftha party to te,'ndnate this lease shall be given to the other party;, PROVIDED, HOWEVER, Railway may, at its option, terminate this leese for any default or breach of lessee by giving 2 days notice in writing of such termination to the lessee. Any notice of terrnln~tion ~hnll be delivered to the oth~- party by placing such notice in the United States m~il w/th sufficient postage directed to the other pm~t's pos~ office address, either as last furnished to the terminating party or es otherwise known to it. D. If Lessee holds over and remains in possession o£the hereby leased prop~ty aider the expiration of the term speci~ed in this lease, or any renewals of'such t~'n. this lease shall be comidered as rimewed for one (1) year, subject to the same terms and conditions as herein contained in this lease. That Lessee shall have no expectation of renewal and that the term of this lease is only Page 2 03/10/97 17:58 ~EIS SEROTA IlELF ~006 for the time specifi~ herein, subject always to the termination provisions and ~egardless of the length of time that Lessee has occupied the leased properly, or the construction by Lessee of any buildings, s~mctures, works, paving, barricades or personal property placed thereon. E. That if any provision or provisions of tiffs lease shall be held to be invalid, illegal or ~enforceable, the validity, legality and enforceebi/ity of the remaining provisions shall not in any way be affected or impaired thereby. F. That Lessee shall use the leased property only for: Beautification AND LESSEE COVENANTS WYiH RAIl.WAY AS FOLLOWS: 1. To keep the leased propeay end any buildings or other structure, now or hereafter erected thereon, in good condition and repair at Lessee's own expense during the existence of this lease,/md to keep the leased property or premises free and clear of any and all grass, weeds, brush and debris of~ kind~ so ~ to l~.event the sar~,e becoming dangerous, inflammable or objectionable. Railway snaa nave ~o auty to respect or m~nmin any of the leased property, buildings, or other structures, if any, dur~g the term ofth/s lease. . 2. To vacate, quit and deliver up the leased property on or before any termination date ofth/s lease in as good condition as it is now. 3. Not to erect or cause to be erected any building or other structure, or any addition to existing bui!dinl~ or structures on thc leased property without first obtsining the approval in writing by Railway of the location, material and construction of the same. 4. Not to sublet the leased property or any pan thereof~ nor assign this lease, without the consent in writing of Railway, this lease being executed by Railway upon the credit and reputation of Lessee. Acceptance by Railway of rental from a third party shall not be considered as an assignment. 5, Not to take any action or allow any a~tion to be taken by third parties which will interfere with or disparage Riglway's title to the leascd property. 6. Not to permit the use of the leased propcrty in any manner that will obstruct or interfere with the opcration of the Railway, or use of its properly. 7. Not to make or suffer any waste or any unlawful, improper, or offensive use of the leased prol~rty or premises, or any use disapproved by Railway. Page 3 03/10/97 17:59 ~EI$ $EROTA HELF ~007 8. To the extent allowed by law, and subject to the limitations of Florida State Statutes 768.28, to indemnify, save and hold harmless Railway, its agents, servants and employees from and against ail loss, claims, costs charges, expense, suits, damage and judgments, which they may suffer, sustain or in anywise be subjected to, or for which it may be held liable on account of the death, personal injuries, damage or loss to any person or persons, including employees, agents and officers ofP, ailway and of Lessee, directly or indirectly arising out of or on account of the leasing to or uso oftha property by lmssee; whether due or claimed to be due by the joint negligence of Railway, its employees, agents or servants, or otherwise. 9. To the extent allowed bylaw, ~nd subject to the limitations of Florida Statutes 768.28, to indemnify, save and hold harmless Railway, its agents, servants and employees from and against all loss, claims, costs, charges, expense, suits, damage and judgments, which they may suffer, sustain or ~n anywise bo sul~ee~ed to, or for which it may be held liable on account of any loss or den~ge caused m any n~,mer to any of Lessee's buildings, structures, works and any p~sonal proper~y whatsoever of Lessee, situated, placed, kept or stored on, in or near the property or premises hereby leased, as well as on account of loss or damage to any persomfl property whatsoever, not owned by Lessee, whether owned by Railway or by others, arising directly or indirectly out of or on account of the leasing to or use by Lessee of the property hereby leased; whether due or claimed to bo due by tho joint negligence of'Railway, its employees, agents or servants or othei~4se. 10. To the extent allowed by law, and subject to the limitations of Florida Statutes 768.28, to indemni~ Railway for all loss, claims, damage, costs and expenses, including attorneys' fees and environmental cleanup costs arising fi.om Lessee's presence upon or use of the leased premises which causes the premises to become contaminated by toxic or hazardous substances or wastes above levels which exceed the allowable levels as set forth in local, state or federal l~ws and regulations. Railway ~hall hav~ tho right, at reasonable times during the term of this Lease, upon prior notice to Lessee and accompanied by a representative of Lessee (except in cases of emergency) to enter the leased property, including any building or structure that may at any time be on the leased property, for the purpose of examining and inspecting the condition of the leased propen'y and to ensure Lessee's Compliance with the terms and conditions of this Lease. 11. To be responsible for and pay Railway the actual cost and expense Railway may incur in paying for, repairing or replacing any engines, cars, rail material, cross-ties, equipment, tools, machinery, freight or other property whatsoever, either owned or in possession of P,~ilway, lost or damaged by any default by Lessee hereunder, or negligence, affirmative act, or omission of Lesse~. 12. To perform, at tho sole expense of Lessee, all work required in the preparation of the property or premises hereby leased for occupancy by Lessee, in the absence o£any special provision herein contained to the contrary; and Lessee does hereby accept the leased property or premises as now being in fit and tenantable condition for all purposes of Lessee. 03/10/97 18:00 ~'EIS SEROTA HELF ~008 13. To pay, within thirty (30) days a~er presentation unto Lessee by Railway of bills for the same, all special assessments, ad valorem taxes, and any other taxes of whatsoever kind or nature levied by the United States of'America, State of Florida, a~' county, municipality or spec'mi taxing district organized and ex/sting under the laws of the State of Florida, upon any of thc property or prem/ses herein leas~. All taxes and special assessments, payable on an annual basis, are to be pro- rated by the parties hereto for the year during which this lease is made, as well as the year in which the ~ule may be terminated. 14. To pay in the same manner a~ provided in Paragraph 13 he~eof, the amount of any her _~_~..ry documentary starap taxes required to bo ~ed to this lease under the laws of the United States of America, the State of Florida, or both. 15. To pay, either dire~My or upon hills presented unto Lessee by Railway within thirty (30) days after presemation of'the same, all bills for electricity for lighting or power, gas, water, telephone and telegraph services, or the proportionate part of the same used by Lessee upon or in the leased property or premises. 16. That it will indemnify, save and hold harmless Railway ~om any loss, claim or damage which Lessee may sustain arising direedy or indirectly by reason of' either existing or future zoning or other regulations promulgated by any governmental agency which may adversely affect use by Lessee of the lands hereinabove described, and Lessee shall assume all responsibility for procuring or complying with any ordinance, resolution, oMc'r, permit, consent or other such regulation, prom-lgated by any governmental agency what.~oever, for building or otherwise, required for the use of the premises hereinabove describ~l or for the conat~uction of`any facilitie~ upon such premises. 17. That it shall not permit others to usc the whole or any part of the leased property or ~emise% except under and in compliance with the terms mod conditions of this lease, and Lessee shall hold Railway harmless as to any such usc. lg. That notre of the provisions of`Paragraph "A" hereof shell be construed as any waiver by Railway of any landlord's llm or liens of Railway upon any personal property, buildings or structures of Le~s~ for any rental due or to become due hereunder unto Railway, and Lessee shall not ,¢move any such ~wactures, buildings or personal property from the heroinabove rosen'bed pre, rises, unless and until all rentals and any other aum of money herein spe~itled to be paid the Railway shall have been fully paid unto R~lway. TThat Lessee shall remove any buildings, structures, works or personal property upon the or premises, including any such items placed upon the lea~sed property or promises o the date of.tiffs lease on or before any termination date of this lease, upon request fi.om o do so, and m default thereof; such property shall become the property of the Railway. PROVIDED, HOWEVER, Railway re. ay, at its option cause removal of the same from thc hereby Page 5 0~I10/97 18:00 ~I$ SEROTA HELF ~009 leased property or premises and/or storage thereof~ and storage of any o£Less~¢s property and pwperty of others, placed by or with Les.see's p~vaission or suff'eranc~ on the hereby leased property or premises. The rcasonahie cost or expense of removal and/or s~orage of any buildings, structures, works or personal property shall be paid by Lessee unto Railway forthwith upon demsnd for samc. 20. ThatJ~waives and relinquishes any legal fights and monetary clsim, which it might have for full compe~___~Li._'on, or damages of any sort, includi~ but not limited to special damages, severance d~msges, removal costs or loss of business profits resulting flora its loss of occupancy of the leased proi~rty specified in this agreement, or adjacent properties owned or leased by it, when any or all of such propel~ies are takenby eminent domain proceedings or sold under the threat thereof. That this waiver and relinquishment applies whether (1) this lease is in existence on the date of'taking or sale; or (2) has been tenninnted prior thereto. 21. That it is ~xpr~ssly agreed by and between the parties hereto that any obligations of the Lessee under the terms of this agreement which are not paid within thirty (30) days of presentation of bilis for same by Railway shall bear interest at the rate of twelve per cent (12%) per a~uum compounded annually fl'.om the date of presentation of the bill until same shall be paid. It is further expressly agreed ~.h~t_ m the event Railway shall institute and Prevail in any action or suit for the enforcement of any of its rights undex the provisions of this agreement, Lessee will payto Railwsy a reasonable attorney's fee on account thereof. Also in the event ot'lltigafion, the parties agree that the laws of the State oflrlorida will apply. In an action to enforce any of the provisions of this agreement, the parties hereto specifically agree that venue shall lie in St. $ohns County, Florida_ regulations and ordi~nces of any governmental agency having jurisdiction thereof. 23. That, at its expense, it will install ~d maintain facilities to prevent accumulation of surface waterBindus~al liquids, solid wnst¢ matter and sanitary wsste resul~ing from Lessee's opecauons v~h? the herein le~gl ar~s. Such facilities to be approved by the Railway and any other governmental ~e~cy hsvingjurisdiction .~ercof. .... 24. Should any p~rtion of th~ property described in this l~ase be used for the loading, unloading or storage of hazardous r~erlals, the Lessec shall (1) be solely responsible for ascenaininl~ that local, state and federal laws, ordinances and regulations do not prohibit the loading, ualoedin~ or storage of hazardous materials on the leased property and (2) be solely responsible as between the Railway and the Lessee, for complying with all eke the foregoing laws, ordinances and regulations which affect or regulate thc loading, unloading or storage operations of hazardous materials on this leased properly. Page 6 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council ~( Eric M. Soroka,,~anag{ March 13, 1997'---~L Comprehensive An'-'huaL~ncial Report- 1995/1996 Fiscal Year March 18, 1997 City Council Meeting Agenda Item RECOMMENDATION In accordance with the attached memoranda previously submitted to the City Council, it is recommended that the City Council adopt a motion accepting for filing the Comprehensive Annual Financial Report for the period of November 7, 1995 through September 30, 1996. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0258-97 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City CouncilC~'~ ,~r Eric M. Soroka, X March 10, 1997 Comprehensive Annua~Financial Report - November 7, 1995 to September 30, 1996 Attached is the Comprehensive Annual Financial Report (Audit) (CAFR) for the period of November 7, 1995 to September 30, 1996. In addition, a staff report prepared by the Finance Support Services Director which provides an overview of the CAFR is attached. I am pleased to advise the City Council that the audit performed by Rachlin, Cohen & Holtz can best be summarized as a clean bill of financial health for the City. Furthermore, there was no management letter recommendations for the period and the audit did not note any matters that involved the internal control structure and its operations that were considered material weaknesses or instances of noncompliance. More importantly, the unreserved fund balance for the general fund was $675,000 higher than the amount originally estimated in the budget. This amount can be added to the budget based on the amendment process, I would like to take this opportunity to commend the Finance Support Services Director and his staff for establishing the necessary systems and controls in a relatively short period of time to protect the finances of the City. -----This is a major accomplishment in light of our startup operations and limited computer capabilities. The result of the audit emphasizes our continued commitment to operate the City in a professional and responsible manner. A motion to accept the filing of the CAFR will be presented at the next Council meeting. EMS/aca CCO248-97 CITY OF AVENTURA FLORIDA Comprehensive Annual Financial Report OV / AV \E-- , .A,4 � _. . ._ \ 6. ,' /11â–º . I a �r,,,,.II\ / I Nam En I im II it \t c; iiiiins um 1 Imo I I IIin,mil =MII I 0, 11 , I / III ' / I ` ,I I w - I I 11 . . , II ��� iipt ft . . FLOC NY : . . ... . THE CITY OF EXCELLENCE 1 FOR THE PERIOD FROM NOVEMBER 7, 1995 (DATE OF INCORPORATION) I TO FISCAL YEAR ENDED SEPTEMBER 30, 1996 I I C C C E CITY OF AVENTURA,FLORIDA COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE PERIOD FROM NOVEMBER 7, 1995(DATE OF INCORPORATION) TO FISCAL YEAR ENDED SEPTEMBER 30, 1996 C C C [F `Râ–  i L L LCITY OF AVENTURA,FLORIDA tCOMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE PERIOD FROM NOVEMBER 7, 1995(DATE OF INCORPORATION)TO FISCAL YEAR ENDED SEPTEMBER 30, 1996 TABLE OF CONTENTS â–  PAGE INTRODUCTORY SECTION C Letter of Transmittal i City Officials xi Organization Chart xii C FINANCIAL SECTION CReport of Independent Certified Public Accountants 1 CGeneral Purpose Financial Statements(Combined Statements- Overview) Combined Balance Sheet- All Fund Types and Account Groups 2 L Combined Statement of Revenues, Expenditures and Changes in Fund Balances- All Governmental Fund Types 3 Statement of Revenues, Expenditures and Changes in Fund Balances-Budget and Actual- General Fund 4 Notes to General Purpose Financial Statements 5 Combining,Individual Fund and Account Group Statements and Schedules C General Fund: Schedule of Revenues and Expenditures- Budget and Actual 12 ll Agency Funds: Combining Balance Sheets 14 C Statement of Changes in Assets and Liabilities- Deferred Compensation Plan 15 Statement of Changes in Assets and Liabilities- Defined Contribution Pension Plans 16 C General Fixed Assets Account Group Schedule of General Fixed Assets- By Source 17 Schedule of General Fixed Assets- By Function and Activity 18 ESchedule of Changes in General Fixed Assets- By Function and Activity 19 L CITY OF AVENTURA,FLORIDA ' COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE PERIOD FROM NOVEMBER 7, 1995(DATE OF INCORPORATION)TO FISCAL YEAR ENDED SEPTEMBER 30, 1996 TABLE OF CONTENTS PAGE t 'STATISTICAL SECTION General Governmental Expenditures by Function 20 General Governmental Revenues by Source 21 Demographic and Miscellaneous Statistics 22 SUPPLEMENTARY AUDITOR'S REPORTS SECTION Report of Independent Certified Public Accountants on Internal Control Structure Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards 23 Report of Independent Certified Public Accountants on Compliance with Laws, Regulations, Contracts and Grants Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards 25 Management Letter in Accordance with the Rules of the Auditor General 26 1 1 1 1 1 i I ov Avt4, CITY OF AVENTURA til ^=_"� I . G I - ;�- :: '? GOVERNMENT CENTER �-% 2999 N.E. 191ST STREET I /_. f SUITE 500 ,)S R�� AVENTURA, FLORIDA 33180 Fhn r ARTHUR I. SNYDER • MAYOR I. ARTHUR BERGER February 27th, 1997 VICE MAYOR COUNCILMEMBERS JAY R. BESKIN I KEN COHEN Honorable Mayor and HARRY HOLZBERG Members of the City Council JEFFREY M. PERLOW PATRICIA ROGERS-LIBERT City of Aventura Aventura, Florida ERIC M. SOROKA CITY MANAGER L In accordance with Section 11.45, Florida Statutes, and Section 4.11 of the City Charter, submitted herewith is the Comprehensive Annual Financial Report for the fiscal year ended September 30'h, 1996. Responsibility for both the accuracy of the data and completeness I; and fairness of its presentation, including all disclosures, rests with the City. Management believes that the data presented is accurate in all material aspects; that it is presented in a manner designed to present fairly the financial position and results of operations of the City l as measured by the financial activity of its various funds and account groups and that all disclosures necessary to enable the reader to gain the maximum understanding of the LCity's financial affairs have been included. _ The Comprehensive Annual Financial Report consists of four parts as follows: I E 1. Introductory Section - This section is designed to introduce the reader to the report and includes the transmittal letter, the governmental structure, and a list of I - principal officials. 4 2. Financial Section - This section includes the opinion of the independent auditors followed by the General Purpose Financial Statements (GPFS). The GPFS are the combined financial statements of the City together with the notes to the k financial statements. These basic combined financial statements and notes are designed to provide an overview of the City's financial position and results of operations. The remainder of this section presents the combining, individual fund Iand account group statements and schedules. 3. Statistical Section - This section presents summary financial and demographic I information on the City. In future years, a financial history and information on overlapping taxing authorities will be shown. I PHONE: 305-466-8900 • FAX: 305-466-8939 3 3 7 4. Supplementary Auditor's Report Section - This section includes those reports 3 required to comply with Government Auditing Standards and Rules of the Auditor General of the State of Florida. THE REPORTING ENTITY AND ITS SERVICES 7 The City of Aventura was incorporated on November 7th, 1995 and is a political subdivision of the State of Florida. The City operates under a council-manager form of government and provides General Government, Police, Community Development, and Community Services to its residents and business community. The Mayor and six City Council members were elected in March, 1996 and are responsible for establishing policies for City Government. The Mayor and Council appoints the City Manager who is the Chief Administrative Officer of the City and is responsible for implementing policies adopted by the Council. The City Manager and first regular employees officially began work on June 3`" and have worked with the Mayor and Council to establish the municipal government structure. This report includes all of the funds and account groups for which the City of Aventura is financially accountable. Although the Metro-Dade Board of County Commissioners, Dade District School Board, South Florida Water Management District and Florida Inland Navigation District levy and collect taxes on property located within the corporate limits of Aventura, financial information on these taxing authorities is not included in this report since each has a separate elected governing body, are legally separate and are fiscally independent of the City. Annual financial reports of these units of government are available upon request from each authority. ECONOMIC CONDITIONS AND OUTLOOK 3 The City of Aventura serves an area of approximately 4 square miles with an estimated population of approximately 20,000 year round residents. The City was incorporated on November 7th, 1995 and is in the process of establishing its government organization. Prior to incorporation, the City received services from Metro Dade County as a part of their unincorporated municipal services taxing unit. The City received no real property, facilities or equipment from Metro Dade. Prior to incorporation, several studies concluded that the Aventura area was a major donor 3 community to Metro Dade County unincorporated municipal services taxing unit. Actual operations since incorporation support the conclusions of those studies, although the 7 studies did overstate the magnitude of the City's donor status. �i 3 I I 3 C The City's combination of upscale residential and commercial developments results in a taxable value of $2.6 billion dollars within a land area of less than 4 square miles. This makes Aventura's taxable value per capita of more than $130,000 among the highest in the County and State. The City's image as an upscale community should be further enhanced by the operation of its own municipal services resulting in continued high quality development in the City. MAJOR INITIATIVES The establishment of a new municipal government structure to meet the needs of an existing City resident and business base has required the dedication of elected officials, the City Manager and all employees. The foundation on which to build the government structure emphasized customer service, one-stop shopping and privatization of City �! maintenance functions. We will attempt to highlight the matters which have been i accomplished since the incorporation of the City. Aventura Government Center Since the City obtained no facilities or equipment from Metro Dade County, a major priority was to acquire facilities to house municipal operations. The City leased a total of 11,664 square feet of office space which will be adequate to house all City operations except the Police Department for the next 3 years. Acquisition of furniture, telephone system, computers and other equipment to operate the facility was accomplished and the facility was operational by mid June. Police Deoartment One of the primary reasons of the City to incorporate was to improve the level of law enforcement services. The City agreed that Metro Dade would continue to provide Police ! services until April 1997 when the City department would assume full responsibility for all i police services within the City. The City hired its first Police Chief in early September. Prior to September 30th , the Chief began reviewing the needs and wants of the community and recruiting key personnel to help plan the implementation of a department with a community oriented approach. Revenue Implementation In order to provide the revenue stream which is required to fund municipal services, it was essential that the city take all steps necessary to establish their right to the various revenue sources. Toward this end, the following was accomplished: L • A utility tax ordinance was adopted so that all utility taxes levied within our corporate limits would belong to the City, not Metro Dade County. • Obtained advances totaling $900,000 from Metro Dade for utility tax payments which were going to the County, which should have come to the City. E II L { i 1 • An Interlocal agreement with the County was successfully negotiated on the provision of services and sharing of revenues for the 1995/96 and 1996/97 fiscal years as discussed below. • Adopted occupational license ordinance for October 1°`, 1996 implementation. • Adopted building and engineering permit fee ordinance for November 1996 effective date. • Adopted non-exclusive franchise agreements for gas, solid waste and cable TV { • Successfully applied for State Revenue Sharing Entitlements. • Followed Truth in Millage (TRIM) process for establishing the City's municipal tax rate for the 1996/97 fiscal year. Jnterlocal Agreement The establishment of Aventura as an incorporated municipality required that the City and Metro Dade County reach agreement on the provision of municipal services and sharing of revenues until the City becomes fully operational. Accordingly, City and County staff negotiated an agreement: 1. Establishing levels and cost of municipal services provided to the City by the County for the period from the date of incorporation through September 30th, 1996 and from October 1" 1996 to March 31', 1997. 2. Outlining the procedures for City assumption of all municipal type services. 3. Stipulating that the cost of the County providing municipal services for the period prior to September 30th, 1996 would be offset by property taxes and other revenues from the Aventura area. 4. Stipulating that the City was entitled to receive all utility taxes and cable TV franchise fees within our municipal limits commencing on the date of incorporation. However, due to the time required for utility tax and cable TV franchise fee collectors to adjust their accounting records to separate Aventura's collections, the County received significant revenues which were due the City. Therefore, the County and City estimated the value of collections received by the County which were due the City, offset these amounts against the $900,000 advanced by the County to the City and agreed to pay the balance to the City. This amount ($1,750,524) is recognized as revenue and due from other governments as of September 30", 1996 in the accompanying financial statements. 5. Requiring the County to transfer ownership of a park site to the City when the County is otherwise entitled to receive same from the developer. The right to any impact fees would also be transferred to the City. 6. The City and County could not agree on the disposition of the franchise fees for electricity. The County maintains that the County shall retain the right to this revenue pursuant to their Franchise Agreement with FPL. The City maintains that the City, as a municipality, has the right to all franchise fees on electric within its corporate limits. This issue will continue to be pursued by city staff in the upcoming months. 1 IV 1 E IL Professional Staff The City's first City Manager was selected by the City Council in May and officially began work on June 3'd. The Finance Support Services Director and Community Services Director began work in June, Community Development Director in July, City Clerk in August and Police Chief in September. Other employees were hired over the period from June through September bringing the total number of employees to 23 at September 30'". These individuals have formed the nucleus for establishing a customer service oriented approach to municipal services. EIn order to provide adequate benefits to the City's workforce, a defined contribution retirement system and deferred compensation plan, personnel policies concerning hiring procedures, leave and other benefits, a group insurance program, and job descriptions for all employment classes was prepared and implemented. Facility Acquisition L Since the City acquired no land or facilities from Metro Dade County upon incorporation, a major priority was to acquire adequate land for recreation, police and general government operations. The need is even more pressing considering that the amount of vacant land appropriate for municipal facilities is decreasing as development continues in the City. IEThe City Council recognized this need and authorized an aggressive search for appropriate sites for the City's first park and one or more sites to house a police facility and government/cultural center. As of September 30t , one parcel to be used as a passive and active recreation facility was under contract and other available sites for a police facility and government center were being explored. This will be a high priority in the 1996/97 fiscal year. Other Municipal Service Delivery Systems The following is a sampling of the major accomplishments related to the establishment of other City service systems: • Published newsletter to keep residents abreast of City activities. • City logo and slogan selected. • Street lighting policy enacted and City has assumed responsibility for street lighting formerly paid by special districts or homeowner/condominium associations. • Assumed responsibility for local streets from County. • Planning Advisory Board established. • Beautification and Cultural Arts Boards established. • Appointed outside professionals for engineering, landscape architect and auditing r services. • Established procedures with County and other local cities for hurricane evacuation and related procedures. • Established City sponsored trips to local attractions. • City code enforcement operations began September 1996. V i 1 • Established system for coordination with Florida Department of Transportation and local governments on roadway system. • Established procedures for review of planning and zoning matters by City Council, not the County Commission. 1 FINANCIAL INFORMATION Internal Accounting Control Management of the City is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft or misuse and to ensure that adequate accounting data are compiled to allow for the preparation of financial statements in conformity with generally accepted accounting principles. The internal control structure is designed to provide reasonable, but not absolute, assurance that these objectives are met. The concept of reasonable assurance recognizes that: (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the valuation of costs and benefits requires estimates and judgments by management. ' All internal control evaluations occur within the above framework. We believe that the City's internal accounting controls adequately safeguard assets and provide reasonable assurance of proper recording of financial transactions. Budgetary Control In accordance with City Ordinance, appropriations are legally controlled at the Department level. Encumbrance accounting, under which purchase orders and other commitments for the expenditure of monies are recorded in the accounting records, was not employed during the period prior to September 30th ,1996 but, such a system will be implemented in the 1996/1997 fiscal year. ' Overview of Financial Activity Since the City was incorporated in November 1995, the financial report covers only the partial fiscal year from the date of incorporation through September 30", 1996. During this period, the City was in the process of establishing its own revenue producing laws and establishing the backbone for the future development of the various City Departments. In addition, Metro Dade County collected ad valorem taxes as a part of their countywide municipal services district and paid the costs of certain services during the year. Therefore, neither revenues or expenditures are indicative of what can be expected in future years. Revenue Implementation and the transitions from Metro Dade providing services are discussed in greater detail under the MAJOR INITIATIVES Section of this letter. VI I E EDangraLesmernmentaLfmnabal For the purpose of this section, general governmental functions are defined to include the General and Special Revenue Funds. Revenues in these funds are summarized as follows: Revenue Sourcp General Special . FundRevenue Isle) Fund Total Locally Levied Taxes: Utility Tax-Electric $2,282,357 $ $2,282,357 57.1% C Utility Tax-Telecommunications 910,487 910,487 22.8% Utility Tax-Water 406,257 408,257 10.2% Utility Tax-Gas 141 224 141 224 3 5% Total Utility Taxes 3,742,325 3,742,325 93.7% Franchise Fee Cable N 24 874 24 874 0 6% Total Locally Levied Tax: 3,767,199 3,767,199 94.3% Intergovernmental Revenue: C State Revenue Sharing 46,881 25,603 72,684 1.8% Half Cent Sales Tax 136,509 135.509 3 4% Total Intergovernmental Revenue 182,390 25,803 208,193 5.2% E Licenses& Permits 1,904 0.1% Charges for Services 625 625 0.0% Interest 15,263 15,263 0.4% Other Miscellaneous Revenue 1 402 1 402 0 0% E $3,968,783 $ 25,803 $3,994,586 100.0% EThe amount of operating and capital expenditures by function is as follows: C Function S,eneral Special °Inst Fund Revenue IQte! Fund Total General Government: C City Council $ 53,566 $ 53,586 5.4% City Manager 110,770 110,770 11.3% Finance Support Services 98,789 98,769 9.9% C Legal 100,108 100,108 10.2% City Clerk 31 564 31.564 3.2% Total General Government 394,817 394,817 40.0% Public Safety E Police 15,660 15,660 1.6% Community Development 67 198 67.198 6 8% 82 858 82.858 8 4% CCommunity Services 191,390 191,390 194% Non Departmental 318 177 318 177 32 2% C Total Operating & Capital Expenditures $987,242 $987,242 100.0% E E VII E 1 { Fund Balances 1 The fund balance of the General Fund was $2,981,541 at September 30' , 1996. This amount represents approximately 24% of the 1996/97 budget. The majority of this amount is used to fund a capital reserve account in the 1996/97 budget. The capital reserve account may be allocated to fund future budget needs by the City Council in the 1996/97 or later fiscal years budgets. The fund balance for the Street Maintenance Fund will be used to pay for road related activities in the 1996/97 fiscal year. Retirement Programs The City contributes to three defined contribution pension plans based on employee classification created in accordance with Internal Revenue Code Section 401(a). The plans currently cover all full-time employees of the City. Under these plans, the City contributes between 12 and 18% depending on the employee classification. There are no employee contributions. Employer contributions, excluding rollovers, for fiscal year ended September 30th, 1996 were $17,909. A defined contribution pension plan provides pension benefits in return for services rendered, provides an individual account for each participant and specifies how contributions to the individual's account are to be determined instead of specifying the amount of benefits the individual is to receive. Under a defined contribution pension plan, the benefits a participant will receive depends solely on the amount contributed to the participant's account, the returns earned on investments on those contributions, and forfeitures of other participant's benefits that may be allocated to such participant's account. 1 In order to encourage employees to supplement the defined contribution plan, the ICMA deferred compensation program is also available to all full-time employees. Under this program, employees may voluntarily elect to defer a portion of their salary to future years. The assets, liabilities, and transactions of the deferred compensation plan and defined contribution plan are included in the financial statements as agency funds. Financing Programs and Debt Administration The City had no debt financings during the period from November 7'11,1995 to September 30', 1996. On December 20th, 1996, the City entered into a non-revolving line of credit agreement with a bank, not to exceed $10 million for the purpose of acquiring sites, constructing and equipping certain capital improvements. The line of credit expires on December 30th, 1999. On December 30th, 1996, the City drew $3.2 million against the line to acquire land to be used as a site for a park. 1 VIII 1 C r - _ . . The general fixed assets for the City are those assets used in the performance of general government functions. In accordance with generally accepted accounting principles for local governments, the City does not record depreciation on general fixed assets nor does it record infrastructure assets such as roads, bridges, curbs and gutters, streets and sidewalks, drainage systems, and similar assets that are immovable and of value only to the City. Assets are recorded at cost; donations, if any, will be recorded at fair market value at the date of receipt. As of September 30th, 1996, the general fixed assets acquired amount to $300,103. Cash Management All temporarily idle funds are centrally managed through the use of a pooled cash account. During the period of the report, all funds were held in an interest bearing checking account collateralized through the State Treasury Public Depository program. Interest rates ranged from 4.87% to 4.98%. Risk Management The City is insured with the Florida Municipal Insurance Trust for liability and property coverages and with the Florida Municipal Self Insurance Fund for Workers Compensation R coverage. The liability limit under the policy is $5,000,000. OTHER INFORMATION C independent Audit In accordance with Section 11.45(3)(a)(4), Florida Statutes, and Article I, Section 4.11 of the City Charter, the City engaged the firm of Rachlin Cohen & Holtz, Certified Public Accountants, to perform the independent audit of the City's accounts and records. The I independent auditor's reports are included in the Financial and Supplementary auditor's report section. C C IX t i 1 I 1 1 • Certificate of Achievement The Government Finance Officers Association of the United States and Canada (GFOA) awards a Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition for excellence in the state and local government financial reporting. In order to be awarded a Certificate of Achievement, a government unit must publish an easily readable and efficiently organized Comprehensive Annual Financial Report whose contents conform to program standards. Such reports must satisfy both generally accepted accounting principles and applicable legal requirements. We believe our current report conforms to the Certificate of Achievement Program requirements, and we are submitting it to GFOA. Acknowledgments The preparation of this report on a timely basis could not have been accomplished without the efficient and dedicated services of the entire staff of the Finance Support Services Department. We express our appreciation to all members of the Department who assisted and contributed to its preparation. We also wish to thank the Mayor and City Councilmembers for their interest and support in planning and conducting the financial • operations of the City in a responsible and progressive manner.• ' Respectfully Submitted, • HARRY M. KILGORE, C.P.A. ERIC M. SoRO • Finance Support Services Director City Manag- HMK/mn 1 • 1 X 1 CITY OF AVENTURA, FLORIDA COMPREHENSIVE ANNUAL FINANCIAL REPORT SEPTEMBER 30, 1996 CITY OFFICIALS CITY COUNCIL Arthur I. Snyder - Mayor Patricia Rogers-Libert - Vice Mayor â–  Arthur Berger i Jay Beskin Ken Cohen Harry Holzberg Jeffrey Perlow c r CITY MANAGER L Eric M. Soroka DEPARTMENT DIRECTORS Harry M. Kilgore, Finance Support Services Robert M. Sherman, Community Services Jaye M. Epstein, Community Development Teresa M. Smith, City Clerk f Thomas E. Ribel, Police Chief 4 CITY ATTORNEYS Weiss, Serota & Helfman, P.A. CITY AUDITORS Rachlin Cohen & Holtz Certified Public Accountants t E CXI I CITY OF AVENTURA, FLORIDA I ORGANIZATION CHART SEPTEMBER30, 1996 I Residents 1. ' I City Council ' , I City Attorney City Manager City Clerk ' Legal Senioes Adminis i •i 1 Minutes Budget P . : .1'on Reads Retention Customer•-nice Clerical Support ' Community Fnance!Support Community Public Depart Safety .ent • Development Services Services Department Department Department ' Police Planning FinancelAccaunting CommunityFadigies Patrol Zoning Purchasing ParksiBeautifiatin Community Relations Betiding Inspections Risk Management ROWIMedian Maim. I Criminal mesligations Code Enfacenent Informafon Management Public Warks Traffic Enforcement Economic Development Personnel Mass Transit , Emergency Preparedness Occupational Licenses Special Events Fire/Rescue Raae'alionlCukural , XII 1 I 1 RCH Rachlin Cohen & Holtz CERTIFIED PUBLIC ACCOUNTANTS&CONSULTANTS A Partnership Including Professional Associations REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS Honorable Mayor,City Council and City Manager City of Aventura,Florida We have audited the general purpose financial statements of the City of Aventura, Florida(the City)as of ' September 30, 1996 and for the period from November 7, 1995 (date of incorporation)to fiscal year ended September 30, 1996, as listed in the table of contents. These general purpose financial statements are the responsibility of the City's management. Our responsibility is to express an opinion on these general purpose financial statements based on our audit. tWe conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan ' and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting ' principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general purpose financial statements referred to above present fairly, in all material t respects, the financial position of the City at September 30, 1996 and the results of its operations for the period from November 7, 1995 (date of incorporation) to fiscal year ended September 30, 1996, in conformity with generally accepted accounting principles. ' In accordance with Government Auditing Standards,we have also issued a report dated January 17, 1997 on our consideration of the City's internal control structure and a report dated January 17, 1997 on its ' compliance with laws and regulations. Our audit was conducted for the purpose of forming an opinion on the general purpose financial statements taken as a whole. The combining, individual fund and account group statements and schedules as listed in ' the table of contents are presented for purposes of additional analysis and are not a required part of the general purpose financial statements of the City. Such information has been subjected to the auditing procedures applied in the audit of the general purpose financial statements and, in our opinion, is fairly ' presented in all material respects in relation to the general purpose financial statements taken as a whole. The information shown in the statistical section listed in the table of contents has not been subjected to the auditing procedures applied in the audit of the general purpose financial statements and, accordingly, we ' express no opinion thereon. 1 L.a�-key. (- Miami, Florida January 17, 1997 ' One Southeast Third Avenue,Tenth Floor,Miami,Florida 33131 •Dade(305)377-4228•Fax(305)377-8331 700 Southeast Third Avenue,Third Floor,Ft.Lauderdale,Florida 33316 •Broward(954)525-1040•Fax(954)525-2004 ' Member of Summit International Associates,Inc with offices in principal cities throughout the world. Member of the American Institute of Certified Public Accountants Division for SEC Practice Section and the Private Companies Practice Section. Member of the Florida Institute of Certified Public Accountants. n n ro, n emu ws um mu n n n n nu !'3m r+s rII r A r CITY OF AVENI'URA,FLORIDA COMBINED BALANCE SHEET ALL FUND TYPES AND ACCOUNT GROUPS SEPTEMBER 30, 1996 Governmental Fiduciary Account Fund Types Fund Tyne Groups General General Long- Totals Special Fixed Term (Memorandum General Revenue Agency Assets Debt Only) ASSETS AND OTHER DEBITS Assets: Cash $ 1,017,715 $ 19,353 $ - $ - $ - $ 1,037,068 Accounts receivable 313,321 - - - - 313,321 Investments - - 363,088 - - 363,088 Due from othergovernments 1,830,670 6,450 - - - 1,837,120 Fixed assets - - - 300,103 - 300,103 Amount to be provided for retirement of general long-term obligations - - - - 6,876 6,876 Total assets and other debits $3,161,706 $$25,803 $363,088 $300,103 $$6,876 $ 3,857,576 LIABILITIES.EOUITY AND OTHER CREDITS Liabilities: Accounts payable and accrued liabilities $ 180,165 $ - $ - $ - $ - $ 180,165 Deferred benefits payable - - 363,088 - - 363,088 Compensated absences payable - - - - 6,876 6,876 Total liabilities 180,165 - 363,088 - 6,876 550,129 Equity and other credits: Investment in general fixed assets - - - 300,103 - 300,103 Fund balance: Unreserved: Designated for subsequent years appropriations 2,307,000 - - - - 2,307,000 Designated for street maintenance - 25,803 - - - 25,803 Undesignated 674,541 - - - - 674,541 Total equity and other credits 2,981,541 25,803 - 300,103 - 3,307,447 Total liabilities,equity and other credits $3,161,706 $25,803 $363,088 $300,103 $ 876 $ 3,857,576 See notes to general purpose financial statements -2- i CITY OF AVENTURA,FLORIDA ' COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES I ALL GOVERNMENTAL FUND TYPES FOR THE PERIOD FROM NOVEMBER 7, 1995(DATE OF INCORPORATION)TO ' FISCAL YEAR ENDED SEPTEMBER 30, 1996 Governmental I Fund Tvoes Totals ' Special (Memorandum General Revenue Only) Revenues: ' Taxes $ 3,767,199 $ - $ 3,767,199 Intergovernmental revenues 182,390 25,803 208,193 ' Licenses and permits 1,904 - 1,904 Charges for services 625 - 625 Miscellaneous revenue 1,402 - 1,402 ' Interest 15,263 - 15,263 Total revenues 3,968,783 25,803 3,994,586 ' • Expenditures Current: ' General government 332,840 - 332,840 Public safety 46,234 - 46,234 Community services 176,794 - 176,794 1 Non-departmental 107,987 - 107,987 Capital outlay 323,387 - 323,387 Total expenditures 987,242 - 987,242 ' Excess of revenues over expenditures 2,981,541 25,803 3,007,344 I Fund balances, beginning - - - Fund balances, ending $ 2,981,541 $ 25,803 $ 3,007,344 I I I ISee notes to general purpose financial statements 3 I ECITY OF AVENTURA,FLORIDA C STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES BUDGET AND ACTUAL-GENERAL FUND E FOR TIIE PERIOD FROM NOVEMBER 7, 1995(DATE OF INCORPORATION)TO FISCAL YEAR ENDED SEPTEMBER 30, 1996 C Variance R Budget Actual Favorable ` Revenues: Taxes $ 1,300,000 $ 3,767,199 $ 2,467,199 EIntergovernmental revenues - 182,390 182,390 Licenses and permits - 1,904 1,904 [ Charges for services - 625 625 Miscellaneous revenue 1,402 1,402 Interest - 15,263 15,263 ETotal revenues 1,300,000 3,968,783 2,668,783 Expenditures: ECurrent: General government 428,610 394,817 33,793 E Public safety 174,703 82,858 91,845 Community services 334,359 191,390 142,969 Non-departmental 362,328 318,177 44,151 ETotal expenditures 1,300,000 987,242 312,758 Excess of revenues over expenditures $ - 2,981,541 $ 2,981,541 Fund Balance, Beginning - EFund Balance, Ending $ 2,981,541 E E E E E See notes to general purpose financial statements _q_ ME MO IMO NM EM ME MN EMI ME MN EIN ME NM BEE =I MS IEM I= ME .gA * it. I �:is o � a _ i. ''4111111111 Irak I i C C t C C t t NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS C C C C C C. L CITY OF AVENTURA,FLORIDA NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS F SEPTEMBER30, 1996 â–  NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The City of Aventura, Florida(the City)was incorporated on November 7, 1995. The City operates under a Council-Manager form of government and provides the following services as authorized by its charter: public safety, highways and streets,culture and recreation, public works and stormwater management. The general purpose financial statements of the City have been prepared in conformity with generally accepted accounting principles (GAAP) as applied to governmental units. The Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. The more significant of the City's accounting policies are described below. 1. Financial Reporting Entity The financial statements were prepared in accordance with Statement No. 14, The Financial Reporting Entity, which establishes standards for defining and reporting on the financial reporting entity. The definition of the financial reporting entity is based upon the concept that elected officials are accountable to their constitutents for their actions. One of the objectives of financial reporting is to provide users of financial statements with a basis for assessing the accountability of the elected officials. The financial reporting entity consists of the primary government, organizations for which the primary government is financially accountable, and other organizations for which the nature and significance of their relationship with the primary government are such that exclusion would cause the reporting entity's financial statements to be misleading or incomplete. The City is financially accountable for a component unit if it appoints a voting majority of the organization's governing board and it is able to impose its will on that organization or there is a potential for the organization to provide specific financial benefits to, or impose specific financial burdens on, the City. Based upon the application of these criteria,there were no organizations that met the criteria described above. 2. Measurement Focus,Basis of Accounting and Basis of Presentation The accounts of the City are organized and operated on the basis of funds and account groups. A fund is an independent fiscal and accounting entity with a self-balancing set of accounts. Fund accounting segregates funds according to their intended purpose and is used to aid management in demonstrating compliance with finance-related legal and contractual provisions. E The minimum number of funds are maintained consistent with legal and managerial requirements. Account groups are a reporting device to account for certain assets and liabilities of the governmental funds not recorded directly in those funds. The City has the following fund types and account groups: Governmental fund types are used to account for the City's general government activities. t Governmental fund types use the flow of current financial resources measurement focus and the modified accrual basis of accounting. Under the modified accrual basis of accounting revenues are recognized when susceptible to accrual (i.e., when they are measurable and available). Measurable means the amount of the transaction can be determined and available means collectible within the current period or soon enough thereafter to pay liabilities of the current period. The City considers revenues available if they are collected within 30 days after year end. Expenditures are recorded when the related fund liability is incurred. L F -5- CITY OF AVENTURA,FLORIDA NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS (Continued) NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES 2. Measurement Focus,Basis of Accounting and Basis of Presentation Taxes, intergovernmental revenues, and interest are susceptible to accrual. Sales taxes collected and held by the state at year end on behalf of the government are also recognized as revenue. Other receipts and fees become measurable and available when cash is received by the City and are recognized as revenue at that time. The general fund is the City's primary operating fund. It accounts for all financial resources ' } of the general government,except those required to be accounted for in another fund. Special revenue funds are used to account for specific revenues that are legally restricted to expenditure for a particular purpose. The City maintains one special revenue fund,the street maintenance fund. Fiduciary fund types, which could include trusts and agency funds, account for assets held by the City as an agent on behalf of others. The agency funds are custodial in nature (assets equal liabilities) and do not present results of operations or have a measurement focus. Agency funds are accounted for on the modified accrual basis of accounting. These funds are used to account for assets that the City holds for others in an agency capacity. Account Groups. The general fixed assets account group is used to account for fixed assets of the general government. The general long-tern debt account group is used to account for long-term liabilities of the general government. 3. Fixed Assets t General fixed assets are not capitalized in the funds used to acquire or construct them. Instead, { capital acquisition and construction are reflected as expenditures in governmental funds, and the related assets are reported in the general fixed assets account group. All purchased fixed assets { are valued at cost. The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend asset lives are not capitalized. Public domain (infrastructure) general fixed assets consisting of streets, bridges, curbs and gutters, sidewalks, drainage systems and lighting systems are not capitalized, as these assets are immovable and of value only to the City. LCITY OF AVENTURA, FLORIDA L NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS (Continued) NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES 4. Compensated Absences City employees are granted vacation and sick leave in varying amounts based on length of r service. Amounts not expected to be liquidated with expendable available financial resources ` are reported in the general long-term debt account group. The City's sick leave policy is to permit employees to accumulate earned but unused sick pay benefits. Upon termination, sick pay is paid out between 10-50% based on length of service. E The City's vacation policy is that earned vacation is cumulative although limited to certain maximums based on length of service. 5. Investments Investments of the deferred compensation plan and the defined contribution pension plans are reported at market value. 6. Fund Equity Reservations of fund balance represent amounts that are not appropriable or are legally segregated for a specific purpose. Designations of fund balance represent tentative management plans that are subject to change. 7. Budgets and Budgetary Accounting An annual appropriated budget is adopted for the general fund on a basis consistent with GAAP. The City follows these procedures in establishing the budgetary data reflected in the financial statements. (a) The City Manager submits to the Council a proposed operating and capital budget for the ensuing fiscal year. The budget includes proposed expenditures and the means of financing them. (b) Public hearings are conducted to obtain taxpayer comments. (c) Prior to October I,the budget is legally enacted through passage of an ordinance. (d) Formal budgetary integration is employed as a management control device during the year for the general fund. 1 CITY OF AVENTURA,FLORIDA NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS (Continued) NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (e) The City Manager is authorized to transfer part or all of an unencumbered appropriation balance within departments within a fund; however, any revisions that alter the total appropriations of any department or fund must be approved by the City Council. The classification detail at which expenditures may not legally exceed appropriations is at the department level. (f) Unencumbered appropriations lapse at fiscal year end. Unencumbered amounts are reappropriated in the following year's budget. The City did not use encumbrance accounting for the period from November 7, 1995 (date of incorporation) to fiscal year ended September 30, 1996. (g) Budgeted amounts are as originally adopted or as amended. Supplemental appropriations were not material in relation to the original appropriations. 8. Use of Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the amounts reported in the financial statements and accompanying notes. Although these estimates are based on management's knowledge of current events and actions it may undertake in the future, they may ultimately differ from actual results. 1 9. Memorandum Only-Total Columns Total columns on the general purpose financial statements are captioned as"memorandum only" because they do not represent consolidated financial information and are presented only to facilitate financial analysis. The columns do not present information that reflects financial position, results of operations or cash flows in accordance with generally accepted accounting principles. Interfund eliminations have not been made in the aggregation of this data. NOTE 2. DEPOSITS AND INVESTMENTS In addition to insurance provided by the Federal Depository Insurance Corporation (FDIC), all deposits are held in banking institutions approved by the State Treasurer of the State of Florida to hold public funds. Under Florida Statutes Chapter 280, Florida Security for Public Deposits Act, the State Treasurer requires all Florida qualified public depositories to deposit with the Treasurer or another banking institution eligible collateral equal to 50%to 125%of the average daily balance for each month of all public deposits in excess of any applicable deposit insurance held. The percentage of eligible collateral (generally in the form of U.S. Government and agency securities, state or local government debt, or corporate bonds) to public deposits is dependent upon the depository's financial history and its compliance with Chapter 280. In the event of a failure of a qualified public depository, the remaining public depositories would be responsible for covering any resulting losses. Accordingly, all amounts reported as cash are deemed as insured and are, therefore, not subject to classification by credit risk category under the provisions of GASB Statement No.3. 1 • -8- ' ICITY OF AVENTURA,FLORIDA E NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS (Continued) LNOTE 2. DEPOSITS AND INVESTMENTS â–  City administration is authorized to invest in those instruments authorized by the Florida statutes. The investments of the deferred compensation plan and defined contribution plans are not subject to risk categorization. The carrying value and market value of those investments total $363,088 as of [ September30, 1996. NOTE 3. FIXED ASSETS Changes in general fixed assets during the year are as follows: CBalance Balance November 7, September 30, 1995 Additions Deletions 1996 ELand $ - $165,500 $ - $165,500 Equipment - 134603 - 134603 Total $ - $300,103 $ - $300103 Depreciation is not required and has not been provided on general fixed assets. NOTE 4. COMMITMENTS AND CONTINGENCIES CInterlocal Agreement The City and Metropolitan Dade County (the County) entered into an interlocal agreement to stipulate service levels and costs of municipal services to be provided to the City by the County E from November 7, 1995 through September 30, 1996 (the interim period) and from October I, 1996 through March 31, 1997(the transition period),or as may be extended by the provisions of the interlocal agreement. The services provided include police, planning, parks and recreation, C public works, stormwater management, solid waste collection, code enforcement, and building and zoning services. The County acknowledged that the residents, property owners and businesses of the City paid the County ad valorem taxes and other fees during the interim period. In consideration of the receipt of taxes and fees for the interim period, the County provided the municipal services described above through September 30, 1996. CIn addition, the interlocal agreement acknowledged that the City was entitled to receive utility tax revenues commencing on November 7, 1995. Due to the time required to adjust the E accounting systems of the utility and franchise fee collectors, the collectors remitted the amounts due the City to the County for a significant portion of the period after November 7, 1995. The interlocal agreement required that the County and City estimate the amount of utility taxes collected by the County on the City's behalf and to pay that amount to the City. Subsequent to fiscal year ended September 30, 1996, the County paid the City $1,750,524 representing utility taxes and cable franchise fees for the period from the date of incorporation. This amount is included in revenues and as a receivable from other governments at September I30, 1996. I 9- CITY OF AVENTURA, FLORIDA , NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS (Continued) NOTE 4. COMMITMENTS AND CONTINGENCIES The interlocal agreement also provides a fee schedule for services for the transition period(after October 1, 1996)as follows: Service Monthly Cost Police $216,000 Public works $ 5,000 Planning, building and zoning County keeps fees imposed Stormwater management County keeps fees until transition takes place The City shall notify the County in the event that the City wishes to commence providing any of the municipal services being provided by the County. Franchise Fees The City of Aventura has had discussions with Dade County relative to the payment of franchise fees by Florida Power & Light Company to the County. The City asserts that it is entitled to these fees. As of the date of the financial statements, no decision has yet been made on the outcome of this matter. Lease Commitments 1 The City entered into a non-cancellable operating lease for office space on May 28, 1996, at a base annual rent of$186,624. The term of the lease is 42 months. In addition,during fiscal year ended 1996, the City entered into two equipment leases with varying expiration dates through fiscal year 2000. Lease expense for the period from November 7, 1995 (date of incorporation) to fiscal year ended September 30, 1996 was approximately$82,000. The future minimum lease payments are as follows: Fiscal Year Ending September 30: 1997 $200,000 1998 200,000 1999 150,000 2000 3 000 $553000 NOTE 5. RISK MANAGEMENT ' The City is exposed to various risks of loss related to torts, theft of, damage to and destruction of assets,errors and omissions and natural disasters for which the City carries commercial insurance. NOTE 6. EMPLOYEE BENEFIT PLANS Deferred Compensation Plan The City of Aventura maintains a deferred compensation plan for its employees in accordance with Internal Revenue Code Section 457.The plan is voluntary and the City does not contribute. Employees may elect to defer a portion of their salary until future years. Deferred compensation deposits are made into the employees'accounts through payroll deductions before income taxes are withheld. The deferred compensation is not available to employees until termination, retirement, death or unforeseeable emergency. Contributions, excluding rollovers, by the employees for the fiscal year ended September 30, 1996 were$3,584. -10- CITY OF AVENTURA, FLORIDA NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS Fâ–  (Continued) NOTE 6. EMPLOYEE BENEFIT PLANS F All amounts of compensation deferred under the plan, all property and rights purchased with ` those amounts, and all income attributable to those amounts, property or rights (until paid or made available to the employee or beneficiary) are solely the property and rights of the City, E subject only to the claims of the City's general creditors. Participants' rights under the plan are equal to those of general creditors of the City in an amount equal to the fair market value of the [! deferred account of each participant. It is the opinion of the City that the City has no liability for losses under the plan but does have the duty of due care that would be required of an ordinary prudent investor. The City believes that it is unlikely that it will use plan assets to satisfy claims of general creditors in the future. Defined Contribution Pension Plans The City of Aventura is a single employer that contributes to three defined contribution pension plans based on employee classification created in accordance with Internal Revenue Code Section 401(a). The plans currently cover all full-time employees of the City. Under these plans, the City contributes between 12-18% depending on the employee classification. There are no employee contributions. Employer contributions, excluding rollovers, for fiscal year ended September 30, 1996 were$17,909. A defined contribution pension plan provides pension benefits in return for services rendered, provides an individual account for each participant and specifies how contributions to the individual's account are to be determined instead of specifying the amount of benefits the individual is to receive. Under a defined contribution pension plan,the benefits a participant will receive depends solely on the amount contributed to the participant's account, the returns earned.on investments on those contributions, and forfeitures of other participants' benefits that may be allocated to such participant's account. The City's total payroll and covered payroll for fiscal year 1996 was$229,446. The defined contribution plans held no securities of the City or related parties during the year or as of September 30, 1996. NOTE 7. SUBSEQUENT EVENTS In November 1996,the City entered into a non-cancelable 27 month operating lease for office space for the police station. The annual lease commitment is approximately$119,000. On December 20, 1996, the City entered into a non-revolving line of credit agreement with a bank, not to exceed $10 million for the purpose of acquiring, constructing and equipping certain capital improvements. The line of credit expires on December 30, 1999. On December 30, 1996, the City drew$3.2 million against the line to acquire land to be used as a site for a park. -II- I= a in a a - a - a s - a a a a - - a Of)\ 1 ). 4 71110111 4410 4( %. 1 E E E E C E E E E GOVERNMENTAL FUND TYPES C C C C E C E I L E L. C E E GENERAL FUND The general fund is the principal operating fund of the City and is used to account for resources traditionally associated with governments which are not required legally or by sound financial management to be accounted for in another fund. L i L L L L C C Y CITY OF AVENTURA,FLORIDA E GENERAL FUND SCHEDULE OF REVENUES AND EXPENDITURES-BUDGET AND ACTUAL E FOR TI IF,PERIOD FROM NOVEMBER 7, 1995(DATE OF INCORPORATION)TO FISCAL YEAR ENDED SEPTEMBER 30,1996 CVariances Budget Actual Favorable C Revenues: Taxes: Utility taxes: E Electric $ 885,000 $2,282,357 $ 1,397,357 Telecommunication 310,000 910,487 600,487 Water 100,000 408,257 308,257 Gas 5,000 141,224 136,224 Franchise fees-CATV 24,874 24,874 Total taxes 1,300 000 3,767,199 2,467,199 EIntergovernmental revenues: State revenue sharing - 46,881 46,881 EHalf cent sales tax - 135,509 135,509 â– â– â–  Total intergovernmental revenues 182,390 182,390 {' Licenses and permits: â–  Engineering - 1,904 1,904 Total licenses and permits - I,904 1,904 Charges for services: �p Recreation/cultural events - 625 625 [� Total charges for services - 625 625 C Miscellaneous revenue: Interest 15,263 15,263 Miscellaneous - 1,402 1,402 ETotal miscellaneous revenue - 16,665 16,665 Total revenues $ 1,300,000 $3,968,783 $ 2,668,783 C E E I L -12- CITY OF AVENTURA,FLORIDA I GENERAL FUND SCHEDULE OF REVENUES AND EXPENDITURES-BUDGET AND ACTUAL(Continued) ' FOR TIIE PERIOD FROM NOVEMBER 7.1995(DATE OF INCORPORATION)TO FISCAL YEAR ENDED SEPTEMBER 30,1996 Variances ' Favorable Budget Analli (Unfavorable] Expenditures: Current: ' General government' City council. Personal services S 14,662 S 13,995 S 667 ' Operating 25,750 23,850 1,900 Capital outlay 17,500 15 741 1,759 57,912 53,586 4,326 City manager ' Personal services 81,170 79,377 1,793 • Operating 12,460 13,204 (744) Capital outlay 19,000 18,189 811 ' 112,630 110,770 1,860 Finance support services: Personal services 71.558 53,339 18,219 ' Operating 28,533 22,966 5,567 Capital outlay 24,000 22 484 1 516 124,091 98,789 25,302 , Legal: Operating 101,399 I0Q108 1,291 City clerk: ' Personal services 15,661 14,653 1,008 Operating 10,917 11,346 (429) Capital outlay 6,000 5.565 435 32,578 31,564 1 014 ' • Total general government 428,610394817 33 793 Public safety: 1 Police: Personal services 23,315 7,664 15,651 • Operating 33,483 323 33,160 Capital outlay 32,000 7 671 24,327 ' 88,798 15660 73,138 Community development Personal services 34,322 27,520 6,802 ' Operating 22,583 10,726 11,857 Capital outlay 29,00028952 48 85,905 67,198 18,707 1 Total public safety 174,703 82,858 91,845 Community services: Personal services 34,592 32,898 1,694 ' Operating 183,267 143,897 39,370 Capital outlay 116 500 14.595 101 905 Total community services 334,359 191,390 142969 ' Non-departmental: Operating 135,500 107,987 27,513 Capital outlay 226,828 210 19Q 16,638 ' Total non-departmental 362,328 318 177 44,151 Total expenditures S 1,300,000 I 987 S 312,758 1 -13- 1 E E E E E E E E E E FIDUCIARY FUND TYPE E E E E E E C C L L L L L L B L L L AGENCY FUNDS These funds are used to account for assets held for employees in accordance with the provisions of Internal Revenue Code Sections 401 and 457. L L L L L L L L r CITY OF AVENTURA, FLORIDA AGENCY FUNDS ` COMBINING BALANCE SHEETS SEPTEMBER 30,1996 Defined Deferred Contribution Compensation Pension Plan Plans Total ASSETS Investments $ 107,055 $ 256,033 $ 363,088 LIABILITIES Deferred benefits payable $ 107,055 $ 256,033 $ 363,088 iâ– C â–  t L C E C C L _14- 1 CITY OF AVENTURA,FLORIDA AGENCY FUNDS STATEMENT OF CHANGES IN ASSETS AND LIABILITIES DEFERRED COMPENSATION PLAN FOR THE PERIOD FROM NOVEMBER 7, 1995 (DATE OF INCORPORATION)TO FISCAL YEAR ENDED SEPTEMBER 30,1996 Balance Balance November 7, September 30, 1995 Additions Deletions 1996 ASSETS Investments $ - $ 256,033 $ - $ 256,033 ' LIABILITIES Deferred benefits payable $ - $ 256,033 $ - $ 256,033 1 1 1 1 1 i 1 1 -15- CITY OF AVENTURA, FLORIDA AGENCY FUNDS STATEMENT OF CHANGES IN ASSETS AND LIABILITIES Fit DEFINED CONTRIBUTION PENSION PLANS â–  FOR THE PERIOD FROM NOVEMBER 7, 1995 (DATE OF INCORPORATION)TO FISCAL YEAR ENDED SEPTEMBER 30,1996 C Balance Balance November 7, September 30, C1995 Additions Deletions 1996 ASSETS Investments $ - $ 107,055 $ _ $ 107,055 LIABILITIES Deferred benefits payable $ - $ 107,055 $ - $ 107,055 C C C C C CC â–  C r� g -16- MIIII a MN ZS MI la =II MIN MI NM NOM MN UM MN IIIIIIII In lin ER# a ly1/1,0 Prr,, ICZEr - +1l ,q 0 a ,, N [r? % ' �1 � .Kwyl'V�j'�41��1 / E E L E E E rC i GENERAL FIXED ASSETS ACCOUNT GROUP ETo account for fixed assets of the general government. C C !C C L C ECITY OF AVENTURA, FLORIDA SCHEDULE OF GENERAL FIXED ASSETS- BY SOURCE SEPTEMBER 30,1996 E General fixed assets: Land $ 165,500 Equipment 134,603 Total general fixed assets $ 300,103 Investments in general fixed assets: �t General fund $ 300,103 Total investments in general fixed assets $ 300,103 t E t L L C E e C -17- CITY OF AVENTURA,FLORIDA SCHEDULE OF GENERAL FIXED ASSETS-BY FUNCTION AND ACTIVITY ' SEPTEMBER 30,1996 1 Function Land Equipment Total General government: Council $ - $ 14,997 $ 14,997 Manager - 35,212 35,212 Finance support services - 23,575 23,575 • Clerk - 5,437 5,437 Total general government - 79,221 79,221 Public safety: ' Police - 9,431 9,431 • Community development - 17,257 17,257 , Total public safety - 26,688 26,688 Community services - 28,694 28,694 ' Non-departmental 165,500 - 165,500 t Total general fixed assets allocated to functions $ 165,500 $ 134,603 $ 300,103 1 1 1 1 1 i -18- ICITY OF AVENTURA,FLORIDA ESCHEDULE OF CHANGES IN GENERAL FIXED ASSETS- BY FUNCTION AND ACTIVITY FOR THE PERIOD FROM NOVEMBER 7, 1995(DATE OF INCORPORATION) ETO FISCAL YEAR ENDED SEPTEMBER 30,1996 C EBalance Balance November 7, September 30, 1995 Additions Deletions 1996 EGeneral government: Council $ - $ 14,997 $ - $ 14,997 EManager - 35,212 - 35,212 Finance support services - 23,575 - 23,575 Clerk - 5,437 - 5,437 Total general government 79,221 79,221 EPublic safety: i Police - 9,431 - 9,431 E Community development 7,257 7,257 Total public safety 26,688 26,688 ECommunity services - 28,694 - 28,694 E Non-departmental 65,500 - 165,500 Total general fixed assets allocated to functions $ $ 300,103 $ $ 300,103 C E E E E I L -19- A * Ctp. tp 1i,lr•. E i .11,0 Ocatial 4'C2 iIN milif fKi � y - - - - - - - - - - - - - - - - - - - CITY OF AVENTURA,FLORIDA GENERAL GOVERNMENTAL EXPENDITURES BY FUNCTION L General Public Community Non- Capital Fiscal Year Government Safety Services Departmental Outlay Total 1996 $ 332,840 $ 46,234 $ 176,794 $ 107,987 $ 323,387 $ 987,242 E t PSource: General Fund i Note: The City was incorporated during fiscal year 1996. L L E Y FwC â–  FE i C -20- CITY OF AVENTURA, FLORIDA 1 GENERAL GOVERNMENTAL REVENUES BY SOURCE 1 i Licenses Inter- and Fiscal Year Taxes Governmental Permits Other Interest Total 1996 $ 3,767,199 $ 208,193 $ 1,904 $ 1027 $ 15,263 $ 3,994,586 1 1 Source: General and special revenue funds Note: The City was incorporated during fiscal year 1996. 1 1 1 i 1 1 1 3 1 1 -21 1 LCITY OF AVENTURA, FLORIDA DEMOGRAPHIC AND MISCELLANEOUS STATISTICS SEPTEMBER 30, 1996 LDate of Incorporation November 7, 1995 Form of Government Council-Manager Area 3.5 Square Miles Population per State Estimate* 16,665 Permanent Resident Population per City Estimate(Year Round)" 20,000 â–  Estimated Ethnic Distribution***: â–  White(Non-Hispanic) 79.6% African American 0.7% Hispanic 13.7% Other 5.9% Estimated Age Distribution"*: Under35 26.1% 55 -65 13.3% 36-55 26.7% 65 -+ 33.9% CEstimated Average Household Size"•: One 31.3% Three or more 24.4% ETwo 44.3% Estimates of Residence Types*•*: Condo 67.4% Single Family 9.5% Rental 15.4% Other 7.7% EFull Time Employees 23 Public Facilities Located within Corporate Limits: E Public Parks 0 Public Libraries(Operated by Metro Dade County) I Fire Stations(Operated by Metro Dade County) 1 I Public Tennis Centers 0 Public Recreation Centers 0 Public Schools 0 LPolice Stations • 0 *State of Florida, Bureau of Economic&Business Research "City of Aventura Community Development Department "'Study Titled Aventura Profile,prepared by Milan J. Dluhy,Ph.D, Director, Institute of Government, Florida International University L C 6 -22- CI? ,t's o wrtt dith _se " — — — — — — — — — — — — — — — 111 RCH Rachlin Cohen Holtz CERTIFIED PUBLIC ACCOUNTANTS&CONSULTANTS A Partnership Including Professional Associations Report of Independent Certified Public Accountants on Internal Control Structure Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards L Honorable Mayor,City Council and City Manager City of Aventura, Florida L We have audited the general purpose financial statements of the City of Aventura, Florida (the City) as of and for the period from November 7, 1995 (date of incorporation) to fiscal year ended September 30, 1996, and have issued our report thereon dated January 17, 1997. L We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. The management of the City is responsible for establishing and maintaining an internal control structure. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of internal control structure policies and procedures. The objectives of an internal control structure are to provide management with reasonable, but not absolute, assurance that assets are 1 safeguarded against loss from unauthorized use or disposition, and that transactions are executed in accordance with management's authorization and recorded properly to permit the preparation of financial statements in accordance with generally accepted accounting principles. Because of inherent limitations in any internal control structure, errors or irregularities may nevertheless occur and not be detected. Also, projection of any evaluation of the structure to future periods is subject to the risk that procedures may become inadequate because of changes in conditions or that the effectiveness of the design and operation of policies and procedures may deteriorate. In planning and performing our audit of the general purpose financial statements of the City for the period from November 7, 1995 (date of incorporation) to fiscal year ended September 30, 1996, we obtained an understanding of the internal control structure. With respect to the internal control structure,we obtained an understanding of the design of relevant policies and procedures and whether they have been placed in operation, and we assessed control risk in order to determine our auditing procedures for the purpose of expressing our opinion on the general purpose financial statements and not to provide an opinion on the internal control structure. Accordingly,we do not express such an opinion. -23- One Southeast Third Avenue,Tenth Floor,Miami,Florida 33131•Dade(305)3774228•Fax(305)377-8331 700 Southeast Third Avenue,Third Floor,Ft.Lauderdale,Florida 33316 •Broward(954)525-1040•Fax(954)525-2004 Member of Summit International Associates,Inc.with offices in principal cities throughout the world. Member of the American Institute of Certified Public Accountants Division for SEC Practice Section and the Private Companies Practice Section. Member of the Florida Institute of Certified Public Accountants. RCH I Honorable Mayor,City Council and City Manager ' City of Aventura, Florida Page Two I Our consideration of the internal control structure would not necessarily disclose all matters in the internal control structure that might be material weaknesses under standards established by the American Institute of Certified Public Accountants. A material weakness is a condition in which the design or operation of one or more of the internal control structure elements does not reduce to a relatively low level the risk that errors and irregularities in amounts that would be material in relation to the general purpose financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control structure and its ' operations that we consider to be material weaknesses as defined above. This report is intended for the information of the Mayor, City Council, management and the Auditor General of the State of Florida. However, this report is a matter of public record and its distribution is not ' limited. 4ele-444: Miami, Florida January 17, 1997 L 1 1 -24- RCH Rachlin Cohen & Holtz CERTIFIED PUBLIC ACCOUNTANTS&CONSULTANTS A Partnership Including Professional Associations ' Report of Independent Certified Public Accountants on Compliance with Laws,Regulations,Contracts and Grants Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards Honorable Mayor,City Council and City Manager City of Aventura,Florida We have audited the general purpose financial statements of the City of Aventura, Florida(the City) as of ' and for the period from November 7, 1995 (date of incorporation)to fiscal year ended September 30, 1996, and have issued our report thereon dated January 17, 1997. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free ' of material misstatement. Compliance with laws, regulations, contracts and grants applicable to the City is the responsibility of the ' City's management. As part of obtaining reasonable assurance about whether the general purpose financial statements are free of material misstatement, we performed tests of the City's compliance with certain provisions of laws, regulations, contracts and grants. However, the objective of our audit of the general ' purpose financial statements was not to provide an opinion on overall compliance with such provisions. Accordingly,we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported herein under Government Auditing Standards. This report is intended for the information of the Mayor, City Council, management and the Auditor ' General of the State of Florida. However, this report is a matter of public record and its distribution is not limited. /44, Miami, Florida January 17, 1997 ' -25- One Southeast Third Avenue,Tenth Floor,Miami,Florida 33131•Dade(305)3774228•Fax(305)377-8331 700 Southeast Third Avenue,Third Floor,Ft.Lauderdale,Florida 33316•Broward(954)525-1040•Fax(954)525-2004 ' Member of Summit International Associates,Inc.with offices in principal cities throughout the world. Member of the American Institute of Certified Public Accountants Division for SEC Practice Section and the Private Companies Practice Section. Member of the Florida Institute of Certified Public Accountants. RCH Rachlin Cohen& Holtz CERTIFIED PUBLIC ACCOUNTANTS&CONSULTANTS A Partnership Including Professional Associations Management Letter in Accordance,with the Rules of the Auditor General Honorable Mayor,City Council and City Manager City of Aventura,Florida We have audited the general purpose financial statements of the City of Aventura, Florida (the City) as of and for the period from November 7, 1995 (date of incorporation)to fiscal year ended September 30, 1996, and have issued our report thereon dated January 17, 1997. ' We conducted our audit in accordance with generally accepted auditing standards and Government • Auditing Standards, issued by the Comptroller General of the United States. Those standards required that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. In connection with our audit of the general purpose financial statements of the City for the period from November 7, 1995 (date of incorporation)to fiscal year ended September 30, 1996, we report the following in accordance with Chapter 10.550 Rules of the Auditor General Local Governmental Entity Audits which ' requires that this report specifically address but not be limited to the matters outlined in Rule 10.554(IXO: 1. This is the first financial audit for the City of Aventura. ' 2. The City, during fiscal year 1996, was not in a state of financial emergency as defined by Florida Statute,Section 218.503 (1). 3. There were no recommendations for the period from November 7, 1995 (date of incorporation) to fiscal year ended September 30, 1996. ' 4. During the course of our audit,nothing came to our attention that caused us to believe that the City: ' a. Was in violation of any laws,rules or regulations. b. Made any illegal or improper expenditures. ' -26- One Southeast Third Avenue,Tenth Floor,Miami,Florida 33131•Dade(305)377-4228•Fax(305)377-8331 700 Southeast Third Avenue,Third Floor,Ft.Lauderdale,Florida 33316•Broward(954)525-1040•Fax(954)525-2004 ' Member of Summit International Associates,Inc.with offices in principal cities throughout the world. Member of the American Institute of Certified Public Accountants Division for SEC Practice Section and the Private Companies Practice Section. Member of the Florida Institute of Certified Public Accountants. I RCH Honorable Mayor,City Council and City Manager City of Aventura,Florida Page Two I c. Had improper or inadequate accounting procedures. d. Failed to record financial transactions which could have a material effect on the City's general purpose financial statements. e. Had other inaccuracies, irregularities,shortages and defalcations. 6. The annual financial report for the period from November 7, 1995 (date of incorporation) to fiscal year ended September 30, 1996 has been filed with the Department of Banking and Finance pursuant to Section 218.32 Florida Statutes and is in agreement with the audited financial statements of the same period. 7. The City was incorporated pursuant to the constitution of the State of Florida and the Home Rule Charter of Metropolitan Dade County. This report is intended for the information of the Mayor, City Council, management, and the Auditor General of the State of Florida. However, this report is a matter of public record and its distribution is not limited. I rZe-r Miami, Florida January 17, 1997 I I I I I -27- I •*a: y 3 i r. _:.- lecbre- A 4( ... . P-9,,,,,--' -.., .. .. �� 0 1 • I. flu'411 � s 11 t c;(1111.1iik '' 11 1 ort# ,.4 . < -, 8 0 , 1:-1: z, ,:-: w /ill 2 ' ' ikQ I )111.-q l3 f CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Council Ci ~~" Eric M Soroka, Robert M. Sherm"a'n, ~r f Community Services March 13, 1997 Recommendation to Award Bid Number 97-3-3-2 Lehman Causeway Sidewalk Improvements In accordance with the City's Purchasing Ordinance, bids for installing a sidewalk along the south side of the Lehman Causeway were solicited, advertised, and opened on March 3, 1997. RECOMMENDATION It is recommended that the City Council award this bid to the Iow bidder, Colonna Construction, Inc. for the price of $26,851.20. BACKGROUND The City Council has established installing this sidewalk as one of the goals and priorities to be completed in this fiscal year. Awarding this bid puts this priority into action. It is anticipated that the contractor will be performing this job function within four weeks after the bid award and complete the work within 60 days after the "Notice To Proceed" is issued. Six firms submitted bids that were opened on March 3, 1997. One firm (Homestead Concrete) was disqualified as the bid bond was not included in their bid package. These bids were then analyzed on the base bid and alternates. The base bid consists of installing 1,151 linear feet of a five foot wide concrete sidewalk along the south side of the Lehman Causeway, leaving a five foot wide strip for a future landscape buffer. This sidewalk is totally within the public right-of-way. The Iow bid for this item is $20,689.85 from Colonna Construction. March 13, 1997 Eric M. Soroka Page Two Alternate No. I provides for an additional 337 feet of sidewalk if The Bay Club dedicates the necessary right-of-way to the City. The Iow bid for this item is $6,161.35 from Colonna Construction. Alternate No. 2 provides for moving the sidewalk northward to be adjacent to the existing curb if the Bay Club does not grant a construction easement to the City. There is no charge for this alternate. A performance background check was performed by Keith and Schnars, our Consulting Engineers. Colonna Construction has previously done work on F.D.O.T. projects, and is the Contractor for the restoration of concrete and asphalt for the Cities of North Miami Beach and Cooper City. A background check performed by the Police Department did not reveal any criminal activity, outstanding warrants, or outstanding liens. Colonna Construction has posted the necessary Bid Bond. The "Notice To Proceed" will not be issued until Colonna posts the required insurance certificates and the required 100% Performance Bond with the City. RMS/gf Attachments RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 97-3-3-2, LEHMAN CAUSEWAY SIDEWALK IMPROVEMENTS, TO COLONNA CONSTRUCTION, INC. AT THE BID PRICE OF $26,861.20 AS CONTAINED IN EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Aventura, Florida, has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids for BID NO. 97-3-3-2, LEHMAN CAUSEWAY SIDEWALK IMPROVEMENTS; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and requirements for the project/work as cited above; and WHEREAS, staff has determined that Colonna Construction Inc., has submitted the lowest responsible and responsive bid for said project/work; and WHEREAS, the City Council, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive bidders; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA: Resolution No. Page 2 Section'l: That bid/contract for BID NO. 97-3-3-2, WILLIAM LEHMAN CAUSEWAY SIDEWALK IMPROVEMENTS, be and the same is hereby awarded to Colonna Construction, Inc., at the bid price of $26,851.70 as contained in Exhibit "A" attached. .Section 2: The City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the parties embodying the terms, conditions, specifications a set forth in the subject Invitation to Bid/Notice to Bidders, bid specifications, bid proposal and bid requirements, or if a City prepared contract was part of said bid proposal, said parties shall execute said prepared contract on behalf of the City. Section 3: That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. Section 4: That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from the General Fund Line Item No. 01-80-539-6-60-6602. Section 5: This Resolution shall be effective immediately upon its adoption. The foregoing Resolution was offered by , who moved its adoption. The motion was seconded by vote, the vote was as follows: Councilmember Jay R. Beskin Councilmember Ken Cohen and upon being put to a Resolution No. Page 3 Councilmember Harry Holzberg Councilmember Jeffrey M. Perlow Councilmember Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder PASSED AND ADOPTED this 18th day of March, 1997. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Bid No. 97-3-3-2 Lehman Causeway Sidewalk Improvements Analysis Exhibit "A" Vendor Base Bid Alt. No. I Alt. No. 21 Total Colonna Construction $20,689.85 $6,161.35 $0.00 $26,851.20 M. Vila $26,334.00 $6,494.75 $0.00 $32,828.75 S & S Inc. $36,790.00 $10,130.00 $0.00 $46,920.00 VlEF Construction $35,947.50 $12,902.50 $0.00 $48,850.00 South Flodda Equipment Rental $41,144.00 $11,670.00 $6.00 $52,814.00 * Homestead Concrete's bid was disqualified. The bid bond was not included in their bid package. Base Bid: The base bid consists of installing 1,151 linear feet of a five foot wide concrete sidewalk, along the south side of the Lehman Causeway. proceeding easterly from the intersection of West Country Club Drive and the Lehman Causeway. This sidewalk is totally in the public right of way. Alternate No. 1 :~ Altemate No, 1 provides for an additional 337 hnear feet ~ ~'~l~'foot iiiwide concrete sidewalk, that traverses the Bay Club property. This alternate will be used if the Bay Club donates the necessary right li°f way t° the Cibj' Alternate No. 2 lithe e~isting curb. This alternate will be used if the Bay Club does not grant the City a temporary construct on easement to construct the ~sidewalk approximately 5 feet offset from the curb. Bid No. 97-3-3-2 Analysis KEITH and SCHNARS, P.A. E N G I N E E R S - P L A N N E R S., S U R V;E Y O R $ :~ ~arch 6, 1997 Mr. Robert Sherman City of Aventura 2999 N.E. 191st Street, Suite 500 Aventura, Florida 33180 RE: City of Aventura Lehman Causeway South Sidewalk Improvements Low Bidder Project Performance Inquiry Bid No. 97-3-3-2 Keith & Schnars Project No. 15414.07 Dear Bob: Per your request in our March 5, 1997 meeting, Keith and Schnars, P.A. has performed a preliminary inquiry of the apparent low bidder of the referenced project, Colona Construction Company. Erik Brueningsen, P.E. of the Keith and Schnars C.E.I. Department has previously inspected Colona Construction Company's field operations for asphalt and concrete work for Cooper City, Florida. Mr. Brueningsen stated that no problems were encountered with their work or performance. Colona Construction Company currently has a standard agreement with Cooper City, Florida for "Restoration of Asphalt and Concrete Work", per Ms. Barbara Stemmerman of Cooper City. Ms. Stemmerman stated that Cooper's City's decision to engage Colona Construction Company for this work was influenced with their standard agreement for similar work with the City of North Miami Beach. Colona Construction Company received an extension to their standard agreement with the City of North Miami Beach for asphalt and concrete patchwork. Based on the above information, Colona Construction Company appears to have sufficient construction and contract experience to execute the Lehman Causeway Sidewalk Improvements project for the City of Aventura. Please contact this office if you have any questions. Sincerely yours, KEITH and SCHNARS, P.A. Project Manager RMS:ryp cc: Erik Brueningsen - K&S Pete Gabllsqo~~ Andrews Avenue · Ft. Lauderdale, Florida 33309-2132 (954) 776-1616 · (800) 488-1255 · Fax (954) 771-7690 Page: 1 FLORIDA CORPORATE COMPREHENSIVE REPORT Report compiled: March 10, 1997 at ll:14AM COLONNA CONSTRUCTION COMPANY, INC. 2930 NW 17TH TERRACE FT LAUDERDALE, FL 33311 Corporate Charter Number: Corporate Status : State of Incorporation : Federal Employer ID : H97056 Active FLORIDA 592509210 Corporate Reporting Dates : 2/19/1996 Filed Date : 1/31/1986 6/09/1995 4/08/1994 Corporate Names Original COLONNA CONSTRUCTION COMPANY, INC. Type : Domestic for Profit (Current Name) Principals Registered Agent COLONNA, JAY 2930 NW 17TH TERRACE OAKLAND PK FL 33311 Address Updated: 2/13/1990 COLONNA, JAY J SS#:264-59-5929 Was issued in Florida in 1974 Employer: COLONNA CONSTRUCTION CO INC (12/91) Year Born: 1960 - GENERAL CONTRACTOR OCT-95/OCT-95 SEP-92/DEC-93 DEC-93/DEC-93 APR-93/APR-93 SEP-92/SEP-92 2930 17TH TRL OAKI~A_ND PARK FL 33311 (954) 427-2644 8387 SAW PINE RD DELP~AY BEACH FL 33446 (407) 495-8172 (561) 495-8172 (561) 637-8055 1825 PALM COVE BLVD # 7 107 DELP~AY BEACH FL 33445 2405 NW 33RD ST 1206 FORT LAUDERDALE FL 33309 584 NW 45TH DR DELRAY BEACH FL 33445 8387 SAWPINE RD DELRAY BEACH FL 33446 8600 SUNRISE LAKES BLVD FORT LAUDERDALE FL 33322 1825 PALM COVE BLVD 107 DELRAY BEACH FL 33445 2930 NW 17TH TER OAKLAND PK FL 33311 Director, President COLONNA, JAY 584 NW 45TH DR DELRAY BCH FL Lookup Already Performed Director COLONNA, RICH 4501 SW 22ND CT PT LAUDERDALE FL Page: 2 FLORIDA CORPORATE COMPREHENSIVE REPORT Report compiled: March 10, 1997 at ll:14AM *** No further information available. Manual lookup suggested. Possible Property Ownership NONE Possible Previously Owned Property County/Property No. : BROWARD 504113152160 Legal Description : BROADVIEW PARK SEC 4 41-18 B LOT 19 BLK 10 Property Type : Single Family Residence 1989 Assessed Value $37,790 Originally Purchased: November 1988 for $25,000 Sold To : RODRIGUEZ,TONY JR Purchase Date/Price : January 1989 for $47,000 UCC Lien Filings Securer: Status: Date Filed: Date Canceled: Debtors: Securer: Status: Date Filed: Date Canceled: Debtors: Securer: Status: Date Filed: Date Canceled: Debtors: Securer: Status: Date Filed: Date Canceled: Debtors: Securer: Status: Date Filed: Date Canceled: LEASING TECHNOLOGY INC TERMINATED DOCUMENT#: 930000181792 8/31/1993 Date Expires: 8/31/1998 Date Assessed: COLONNA CONSTRUCTION COMPANY INC COLONNA ASPHALT & RESTORATION INC TYPE: Lien CITIZENS & SOUTHERN CAPITAL CORPORATION TERMINATED DOCUMENT#: 890000274479 10/16/1989 Date Expires: 10/16/1994 Date Assessed: COLONNA CONSTRUCTION COMPANY INC TYPE: Lien DITCH WITCH TRENCHER INC ACTIVE DOCUMENT#: 920000027164 TYPE: 2/10/1992 Date Expires: 2/10/1997 Date Assessed: COLONNA CONSTRUCTION COMPANY INC Lien NATIONSBANK OF FLORIDA NA CITIZENS & SOUTHERN NATIONAL BANK OF FL ACTIVE DOCUMENT#: 900000218586 TYPE: 8/27/1990 Date Expires: 8/27/2000 Date Assessed: COLONNA CONSTRUCTION COMPANY INC COLONNA CONSTRUCTION INC Lien LEASING TECHNOOLGY INC TERMINATED DOCUMENT#: 930000100886 5/13/1993 Date Expires: 5/13/1998 Date Assessed: TYPE: Lien Page: 3 FLORIDA CORPOP~ATE COMPREHENSIVE REPORT Report compiled: March 10, 1997 at ll:14kM Debtors: COLONNA ASPHALT RESTORATION INC COLONNA CONSTRUCTION COMPANY INC Securer: Status: Date Filed: Date Canceled: Debtors: ASSOCIATES COMMERCIAL CORPOP~ATION ACTIVE DOCUMENT#: 940000084858 TYPE: 4/27/1994 Date Expires: 4/27/1999 Date Assessed: COLONNA CONSTRUCTION COMPANY INC COLONNA ASPHALT RESTORATION INC Lien Securer: Status: Date Filed: Date Canceled: Debtors: ASSOCIATES COMMERCIAL CORPORATION ACTIVE DOCUMENT#: 940000192669 TYPE: 9/21/1994 Date Expires: 9/21/1999 Date Assessed: COLONNA CONSTRUCTION COMPANY INC Lien Securer: Status: Date Filed: Date Canceled: Debtors: ASSOCIATES COMMERCIAL CORPORATION ACTIVE DOCUMENT#: 940000213251 TYPE: 10/19/1994 Date Expires: 10/19/1999 Date Assessed: COLONNA CONSTRUCTION COMPANY INC Lien Fictitious Names Ownership Fictitious Name: COLON/qA CONSTRUCTION CO. INC. ~LND SUMMERS PERINI CONSTRUCTION, INC., Document No: G95031000026 Date Filed: Status: ACTIVE Expires: Owner: COLON~NA CONSTRUCTION CO. INC Additional Owner(s): SUMMERS PERINI CONSTRUCTION, INC A JOINT VENTURE 1/31/1995 12/31/2000 Professional Licenses ****** NAME TOO COMMON-PROFESSIONAL LICENSE SEARCH SUGGESTED ****** Possible Florida Trademarks NONE Possible National Trademarks NONE Worker Compensation Claims NONE Possible Associates KLEIMAN DAN E 20103 NE 19 PL, N MIAMI FL 33179 Page: 4 FLORIDA CORPORATE COMPREHENSIVE REPORT Report compiled: March 10, 1997 at ll:14AM STYPE CHARLES H WELCH DARYL L WRIGHT BRIAN D ZIEGLER LINDA M 755 NW 85 AV, 3105 NW 3RD ST, 2900 NE 30 ST, 6980 NW 29 WAY, PLANTATION FL 33324 FT LAUDERDALE FL 33311 FT L~UD FL 33306 FT LAUD FL 33309 Possible Florida Vehicles Exp:12/30/96 Tag#: M8340D DOB:12/30/00 COLONNA CONSTRUCTION CO INC 1992 INT TRUCK Color: White VIN: 1HTSDNUN4NH418802 Ins Carrier : PHOENIX INSUPJLNCE COMPANY Policy Number: 369K9519810 Carrier Phone: (203)277-0111 Exp:12/31/96 Tag#: UPJ18A DOB: 6/30/00 1992 INTERNATIONAL TRUCK Color: White VIN: 1HTSAZPMXNH409850 COLONNA CONSTRUCTION COMPANY Exp: 6/30/97 Tag#: KJR30V DOB: 6/30/00 COLONNA CONSTRUCTION INC 1987 FORD PICKUP Color: Tan VIN: 1FTEF25NOHNAS0416 Ins Carrier : AMERICAN STATES INSUP~ANCE COMPANY Policy Number: 01CC464416 Carrier Phone: (317)262-6262 Lien Holder : FORD MOTOR CREDIT CO "" Address : PO BOX 9787, FT LAUD Accident #:88247853 10/08/87 STYPE CHARLES H Exp: 6/30/97 Tag#: JWR41C DOB: 6/30/00 COLONNA CONSTRUCTION CO, 1988 FORD PICKUP Color: White VIN: 2FTHF26H1JCA07821 Accident #:314956860 9/20/94 ZIEGLER LINDA M INC. Exp: 6/30/97 Tag#: QFL55F DOB: 6/30/00 1988 FORD VAN Color: White FORD ECONOLINE E-350 8 Cylinders VIN: 1FTJE34H9JHB26884 COLONNA CONSTRUCTION CO INC Exp: 6/30/97 Tag#: SZM02D DOB: 1989 FORD PICKUP Color: White VIN: 1FTFF25Y5KNA97074 6/30/00 COLONNA CONSTRUCTION CO INC Exp: 6/30/97 Tag#: QFD66Q DOB: 6/30/00 1991 HOMEMADE TRAILER Color: UNKNOWN VIN: COLONNA CONSTRUCTION Exp: 6/30/97 Tag#: SZM03D DOB: 6/30/00 1995 HOMEMADE TRAILER Color: UNKNOWN VIN: COLONNA CONSTRUCTION CO INC Page: 5 FLORIDA CORPORATE COMPREHENSIVE REPORT Report compiled: March 10, 1997 at ll:14kM Exp: 6/30/97 Tag#: UXK61R DOB: 6/30/00 COLONNA CONSTRUCTION INC 1986 FORD PICKUP Color: Tan VIN: 1FTHF25HOGNB19224 Lien Holder : FORD MOTOR CREDIT CO "" Address : PO BOX 9787, FT I~AUD FL Exp:12/31/97 Tag#: SFA21J DOB: 6/30/00 COLONNA CONST CO INC 1996 FORD PICKUP Color: White FORD F250 VIN: 1FTHX25F6TEB34932 Lien Holder : NATIONS BANK CONSUMER CREDIT DEPT "" Address : PO BOX 26041, GREENSBORO NC ************** MAXIMUM OF 10 VEHICLE MATCHES EXCEEDED ************** ****** NO FLORIDA BOATS FOUND ****** ****** NO FLORIDA BOAT CITATIONS FOUND ****** ****** NO PILOT LICENSE FOUND ****** ****** NO AIRCP~AFT FOUND ****** ****** NO DOCUMENTED VESSELS FOUND ****** ****** NO SALT WATER PRODUCTS FOUND ****** Other Corporations using the SAME FEIN: NONE Other Corporations with the SAME Address: COLONNA ASPHALT RESTOP~ATION INC COLONNA PROPERTIES INC COLONNA PROPERTIES LTD CSP DEERFIELD LTD CSP DEVELOPMENT COMPANY INC CSP POMPANO LTD JJD CONTRACTING INC PAN Z SERVICES INC PERFECT COVER CORP Status Actzve Active Active Active Actzve Actzve Active Inactive Inactive Telephone listings on file at this street address (These listings may be old) (954)484-6552 COLONNA ASPHALT RESTOP~ATIO PAVING CONTRACTORS (954)484-6225 COLONNA CONSTRUCTION MASN GENERAL CONTRACTORS INDUSTRIAL BUIL SIDEWALK LENGTH ORIGINAL BID SIDEWALK IMPROVEMENTS SOUTH WILLIAM LEHMAN CAUSEWAY SIDEWALK LENGTH ALTERNATE NO. 1 OKel~h and Sohn(~rs, P.A. ENGINEERS - PLANNERS - SURVEYORS IEXHIBI iI t I SECTION 'A' - DRAWING C-2 ORIGINAL BID LIMT$ OF SOO · PROPOSED 5' CONCRETE SIDEWALK . I 41]MAX EXISTING CURB AND GUTTER ----~ ~ I /I ~ MATCH EXISTING , SECTION 'A' - 'A' DRAWING C-5 ALTERNATE NO.2 WILLIAM LEHMAN CAUSEWAY SIDEWALK IMPROVEMENTS CROSS SECTIONS ~Keifh and Schnors, P.A. ~ ENG]NEERS - PLANNERS - SURVEYORS EXHIBl i SIDEWALK IMPROVEMENTS SOUTH WILLIAM LEHMAN CAUSEWAY ORIGINAL BID 11 SIDEWALK LENGTH ALTERNATE NO. 1 II SIDEWALK IMPROVEMENTS 30UTH WILLIAM LEHMAN CAUSEWAY Kelfh ond Schnor$, P.A. I PROPOSED 5' CONCRETE 51DEWALKI-~ ~ SECTION 'A' -~A' DRAWING C-2 ORIGINAL BID LilaTS OF SOO ! ~l~ 41IMAX~j MATCH EXISTING~_GRA~E~ 15' SIDERALK ~- S' _1_ CONSTRUCTION ~ EASEMENT SECTION 'A' - 'A' DRAWING C-5 ALTERNATE NO.2 WILLIAM LEHMAN CAUSEWAY SIDEWALK IMPROVEMENTS CROSS SECTIONS I J .~.JKeifh and Schnors, P.A. · , ENGINEERS - PLANNERS - SURVEYORS EXHIBIT III CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council Eric M. Soroka, Cit/,~ March 14, 1997 '~ \ ler Motion Authorizing the City Attorney to Proceed with the Collection of Florida Power & Light Franchise Fee Revenues from Metropolitan Dade County March 18, 1997 City Council Agenda Item In accordance with Council's direction at the Workshop Meeting on March 13, 1997, the following motion has been placed on the agenda for City Council action: MOTION OF THE CITY COUNCIL, IN ACCORDANCE WITH RESOLUTION NO. 96-56, TO AUTHORIZE THE CITY ATTORNEY TO TAKE THE NECESSARY ACTION TO FORMALLY REQUEST THAT METROPOLITAN DADE COUNTY TRANSMIT TO THE CITY OF AVENTURA, ON OR BEFORE MAY 1, 1997, THE CITY'S SHARE OF FLORIDA POWER & LIGHT FRANCHISE FEE REVENUES. Attached for your information is the original Resolution No 96-56 adopted by Council on November 19, 1996. Should you have any questions, please feel free to contact me. EMS/tms attachment CCO260-97 RESOLUTION NO. 96-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE ANY AND ALL NECESSARY AND EXPEDIENT ACTION TO OBTAIN FLORIDA POWER AND LIGHT FRANCHISE FEE REVENUES FROM METROPOLITAN DADE COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Florida Power and Light franchise fees have traditionally been a revenue source available to local governments in Metropolitan Dade County, Florida; and WHEREAS, Metropolitan Dade County has authorized all cities incorporated prior to November 7, 1995 to receive Florida Power & Light franchise fee revenues; and WHEREAS, revenues derived from Florida Power & Light franchise fees are necessary for the City to provide services to the citizens of the City of Aventura; and WHEREAS, the City Council of the City of Aventura is desirous of taking whatever ' action is necessary to insure that the City receives the amount of franchise fee revenues to which it is rightfully entitled. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section I. The City Manager and City Attorney are hereby authorized to take any and all necessary and expedient action to collect Florida Power & Light franchise fees from Metropolitan Dade County to which the City of Aventura is rightfully entitled. Section 2. The City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Councilmember Perlow, who moved its adoption. The motion was seconded by Councilmember Beskin, and upon being put to a vote, the vote was as follows: Councilmember Jay R. Beskin Councilmember Ken Cohen Councilmember Harry Holzberg yes yes yes Councilmember Jeffrey M. Pedow Councilmember Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder yes yes 7es PASSED AND ADOPTED this 19th day of November, 1996. ~AYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: EMS/tms TO: FROM: DATE: SUBJECT: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM City Council ~ 1996/97 Budget Amendment Resolution March 18, 1997 City Council Agenda Item ~'-I~ Recommendation It is recommended that the City Council adopt the attached budget amendment which addresses mid year staff revisions necessary to provide services to our residents and address workload demands. The amendment increases the number of employees by 2.5 positions. The total cost of the amendment is $37,285 and will be transferred from the reserve account in the General Fund. BackRround The following outlines the recommended mid year staff revisions. City Clerk's Office Add Clerk Typist Budget Cost - $13,265 Salary - $18,200 Due to higher than anticipated workload demands in the City Clerk's Office, this position is needed to assist in the preparation of the agenda packages, meeting minutes, records retention and computer imaging process. Community Services Department Upgrade part-time Maintenance worker to full - time. Budget Cost - $6,000 Salary- $16,640 This change will enable the Department to be more responsive to citizen requests and double our maintenance presence in the field. This position will also perform the following other duties: Median bullnose painting Numbering storm drains and medians Meeting set-up Litter pick - up Street light inspections Clean storm drains Complete code enforcement work orders Response to citizen requests Community Development Department Add Customer Service Representative II Budget Cost - $15,861 Salary - $22,500 The amount of permitting activity has exceeded our expectation levels. The adopted FY 96/97 Budget includes a revenue projection from Building Permits of $100,000. However, since we began issuing Building Permits, on November 1, actual revenues total $331,579 (through February). Also, Occupational Licenses have generated a higher level of activity than the originally anticipated $250,000. To date, approximately $344,000 has been collected. Additionally, we are issuing Certificates of Zoning Use, registering contractors and administering the Newsrack ordinance from these same positions. Obviously, with significantly higher revenues comes attendant demands on our existing personnel. Reclassified Customer Service Technician to Assistant Planner. Budget Cost- $1,000 Salary - $25,000 Due to increases workload demands associated with development review and planning activities this position title is more reflective of the job responsibilities. Reclassified Permit Clerk I to Customer Service Representative il Budget Cost - $0 Salary - No Change Revised job title to be more reflective of job functions and "one stop" shopping concept. If you have any questions, please feel free to contact me. EMS/tms CC0259~97 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, ADJUSTING THE 1996197 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of the City and upon the recommendations of the City Manager (and the concurrence of the Finance Support Services Director as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 1996/97 Operating and Capital Budget as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The recitals contained in the preamble to this Resolution are incorporated by reference herein. Section 2. The City Council authorizes the revisions to the current budget as are set forth on the attached Exhibit "A" which are deemed incorporated by reference as though set forth in full herein. Section 3. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section4,. This Resolution shall become effective immediately upon its adoption. Resolution No. Page 2 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 Jay R. Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey M. Perlow Councilmember Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder PASSED AND ADOPTED this 18th day of March, 1997. , who _, and ATTEST: ARTHUR I. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EMS/tms Exhibit "A" Budget Amendment General Fund CITY CLERK'S OFFICE 1996197 BUDGETARY ACCOUNT SUMMARY 01-08-519 EXPENDITURES 1-10-1200 1-10-1400 1-10-2100 1-10-2200 1-10-2300 1-10-2400 PERSONAL SERVICES Employee Salaries 47,363 9,100 56,463 Overtime 0 0 FICA 3,623 696 4,319 Pension 5,684 1,092 6,776 Health, Life & Disability 4,728 2,312 7,040 Worker's Compensation 336 65 401 COMMUNITY SERVICES DEPARTMENT 1996197 BUDGETARY ACCOUNT SUMMARY 01-50-539 EXPENDITURES t-10-1200 1-10-1400 1-10-2100 1-10-2200 1-10-2300 1-10-2409 Employee Salaries Overtime FICA Pension Health, Life & Disability 274,554 4,000 278,554 500 0 21,003 306 21,309 32,946 480 33,426 37,397 2,150 39,547 Worker's Compensation 1,949 25 1,974 Page 1 Exhibit "A" COMMUNITY DEVELOPMENT DEPARTMENT t996197 BUDGETARY ACCOUNT SUMMARY 01-40-524 EXPENDITURES 1-10-1200 1-10-1400 1-10-2100 1-10-2200 1-10-2300 1-10-2400 pERSONAL SERVICES Employee Salaries 193,461 12,250 205,711 Overtime 200 0 FICA 14,800 938 15,738 Pension 21,775 1,470 23,245 Health, Life & Disability 18,842 2,321 21,163 Worker's Compensation 1,374 80 1,454 Position - Revisions Number Description Action City Clerk's Office 0801 Clerk Typist add Community Services Department 5005 Maintenance Wk 5005 Maintenance Wk Community Development 4003 4003 4006 4006 4010 Part-time delete Full-time add Customer Service Tech delete Assistant Planner add Permit Clerk delete Customer Service Rep I add Customer Service Rep II add 6-50-5999 Capital Outlay Non-Departmental - 590 Capital Reserve 2,381,470 (37,285) 2,344,185 Page 2 TO: FROM: DATE: SUBJECT: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM City Council Eric M. Soroka, Cityy [g~r F~;~naa~ ~; 'EI~: ~ d i~n 'g the'~rm Moratorium by Ninety Days of the Class "C" Sign (Billboards) Ist Readi.ng February 18, 1997 City Council Meeting Agenda Item 2"~ Reading March 4, 1997 City Council Meeting Agenda Item ~i/~ (deferred) 2nd Reading March 18, 1997 City Council Meeting Agenda Item RECOMMENDATION It is recommended that the City Council adopt the attached Ordinance which extends the term of the Moratorium on Billboard signs by 90 days. The proposed sign code for the City will be presented next week. It is anticipated that based on workshops and public hearings, the new code will be in place within 60 days. BACKGROUND The CRy Council adopted Ordinance 96-12 on August 20, 1996 which imposed a moratorium upon the issuance of permits for the installation, ~onstmction or modification of Class "C" commemial advertising signs. 'We are in.the process of adopting a new sign code that would address Class ~C~ signs and should be finalized within 60 days. EMS~ca Attachments CC0231-97 ORDINANCENO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE 96-12, WHICH PROVIDED FOR A BUILDING MORATORIUM ON ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS UPON CLASS "C" COMMERCIAL ADVERTISING SIGNS (INCLUDING BILLBOARDS) WITHIN THE CITY LIMITS OF THE CITY OF AVENTURA, BY EXTENDING THE TERM OF THE MORATORIUM; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Ordinance No. 96-12 provides for a building moratorium on the issuance of development orders and development permits upon Class "C" Commercial Advertising Signs (including billboards) within the City limits of the City of Aventura; and WHEREAS, the City Council wishes to extend the term of the moratorium as provided in Ordinance No. 96-12. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:~ Section 1. Section 8 of Ordinance No. 96-12 is hereby amended to read as follows: Section 8. Term. The moratorium imposed by this Section is temporary and, unless dissolved earlier by the City Council, shall automatically dissolve !80 270 days after the effective date of this Ordinance or upon the adoption of the new Class "C' Sign regulations of Underlined text has been added; ~text has been deleted from existing language. Ordinance No. Page 2 the City, the formulation of which shall be expeditiously pursued, whichever occurs soon. Section 2. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. Effective Date. This Ordinance shall be effective immediately 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 Vice Mayor Berger, and upon being put to a vote, the vote was as follows: Councilmember Jay R. Beskin yes Councilmember Ken Cohen yes Councilmember Harry Holzberg yes Councilmember Jeffrey M. Perlow yes Councilmember Patricia-Rogers Libert yes Vice Mayor Arthur Berger yes Mayor Arthur I. Snyder yes The foregoing Ordinance was offered by Councilmember who moved its adoption on second reading. This motion Councilmember follows: was seconded by ., and upon being put to a vote, the vote was as 2 Ordinance No. Page 3 Councilmember Jay R. Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey M. Perlow Councilmember Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 18th day of February, 1997. PASSED AND ADOPTED on second reading this 18th day of March, 1997. ARTHURI. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY /tms 3 TO: FROM: DATE: SUBJECT: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM City Council ~ :~ Eric M. Soroka, Ci~ ~ag~ F:~::::::, l~O:e~di~g~rdinance Prohibitions Against Excessive Noise 97-06 Which Establishes Reading March 4, 1997 Reading March 18, t997 City Council Agenda Item /'/-/~' City Council Agenda Item ?- ~ Recommendation It is recommended that the City Council adopt the attached Ordinance which establishes specific hours of construction-related activities and excessive noise regulations. In addition, the Ordinance includes the amendments discussed at the February 26, 1997 Council Workshop Meeting. If you have any questions, please feel free to contact me. EMS/tms attachment CC0245-97 ORDINANCE NO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 97-06 WHICH ESTABLISHES PROHIBITIONS AGAINST EXCESSIVE NOISE BY ADDRESSING CONSTRUCTION HOURS AND OTHER NOISE ACTIVITIES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:~ Section '1. Section 3. of Ordinance No. 97-06 is hereby amended to read as follows: Radios, Televisions, Phono.qraphs, Musical Instruments, etc. The using, operating, playing, or permitting to be played, used or operated any radio, television, phonograph, musical instrument, or other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing for the person or persons who are in the room, Motor Vehicle, Motorboat or area in which such machine or device is operated and who are voluntary listeners thereto. The operation of any such radio, television, phonograph, musical instrument or other machine or device between the hours of 11:00 p.m. and 7:00 a.m. on weekdays and 12:00 a.m. and 8:00 a.m. on weekends and Holidays in such a manner as to be Plainly Audible at a distance of 100 feet from the building, structure, Motor Vehicle, or Motorboat in which it is located shall be prima facie evidence of a violation of this Ordinance;. provided, however, that this shall not appy to any public performance, .qatherin,q or parade for which a permit has been obtained from the City Manager pursuant to Section 4 of this Ordinance. Underlined te____~_~ has been added; ~text has been deleted from existing language. Ordinance No. Page 2 Exhausts. The discharge into the open air of the exhaust of any engine, stationary internal combustion engine, Motor Vehicle or Motorboat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom, except for the testing of emergency generators as required by law during the hours of 8 a.m. to 5 p.m. weekdays. This para.qraph E. shall not require Motorboat en,qines manufactured without a muffler from makin.q such dischar.qe of exhaust, nor shall it prohibit Motorboat en,qine testin.q, flushin.q and repair activities in the absence of a muffler by marine manufacturin,q or stora,qe and repair establishments durin.q the time period one hour before sunrise to one hour after sunset seven days a week. Loadin,q or Unloadin.q. The creation of a noise disturbance in connection with the loading, unloading, opening, closing or other handling of boxes, crates, containers, refuse cans or other objects between the hours of 7:00 p.m. and 7:00 a.m. on weekdays and 7:00 p.m. and 8:00 a.m. on weekends and holidays, such that the sound is t~Plainly a~_udible at a distance of 100 feet from the building which it is located. Construction. The conducting of Construction on the exterior or outside of any structure or upon any open structure or the creation cf a noise disturbance in connection with the conducting of construction within the interior of an enclosed structure between the hours of 6:0u p.m. and 7:00 a.m. on weekdays and 5:00 p.m. and 8:00 a.m. on Saturdays and at any time on Sundays and Holidays, except for Emer,qency work. Notwithstandin,q the foregoing, the creation of a loud or excessive noise in connection with the use and operation of heavy equipment for earth movin,q and compactin,q, concret~ demolition or pile drivin.q is prohibited at any time on Saturdays and Sundays. The City Mana(~er may .qrant a temporary permit fo~ construction activities conducted at a time prohibited by this section in order to expedite the completion of construction activities1 provided il. does not endan.qer the health, safety or welfare of the community. The City Mana.qer may revoke the temporary permit based o. complaints from surroundin(~ property owners or the endan.qerment ur the health, safety or welfare of the community. The City Mana,qer may impose reasonable conditions on the permitted activities. In the eve.[ 2 Ordinance No. Page 3 that bona fide complaints are received from residents who live adjacent to or near the construction site, the City Mana,qer or his desi,qnee may attempt to resolve such complaints by coordinatin,q and attendin.q meetin,qs between the owner, ,qeneral contractor or proiect manager and the affected citizens or their representatives. If Emergency work is to be performed, the owner of the property upon which such Emer,qency work is to be performed or the property owner's authorized representative shall notify the City Manager's Office prior to the commencement of such Emer,qency work. Section 2. Section 4. of Ordinance No, 97-06 is hereby amended to read as follows: B. Permit Contents, Time Restrictions. Permits issued under this Section shall specify the date and time during which the activity or event authorized by permit may be conducted. ~ ..... * c". ....'-ce "- - ......... :,,e~d the h ..... ; ! ~ 'nO "'~ i ..... ....... ~,-.-,.~ .... ,-~,r,~.i ,~, ,~, ~ ........... ~, ........... · C. Procedures for Administrative Permits. The City Manager is hereby authorized to promulgate reasonable rules and procedures for the application, issuance and revocation of such permits. These rules and procedures shall serve to implement the intent and purpose of this Ordinance so that necessary and beneficial activities may occur while providing for protection of the public. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance 3 Ordinance No. Page 4 but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Councilmember Perlow, who moved its adoption on first reading. This motion was seconded by Rogers-Libert, and upon being put to a vote, the vote was as follows: Councilmember Jay R. Beskin yes Councilmember Ken Cohen yes Councilmember Harry Holzberg yes Councilmember Jeffrey M. Perlow yes Councilmember Patricia-Rogers Libert yes Vice Mayor Arthur Berger absent 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 Jay R. Beskin Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey M. Perlow Councilmember Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 4th day of March, 1997. 4 Ordinance No. Page 5 PASSED AND ADOPTED on second reading this 18th day of March, 1997. ARTHURI. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EMS/tms 5 PUBLISHED DALLY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF DADE MHP The M ami Herald Publi~hingCompany Before the undersigned authority personally appeared: ROSEMARY PINO who on oath says that he/she is" CUSTODIAN OF RECORDS of The Miami Herald, a daily newspaper published at Miami in Dade County, Florida; that the attached copy of advertisement was published in said newspaper in the issues of.' Affiant further says that the said The Miami Herald is a newspaper published at Miami, in the said Dade County, Florida and that the said newspaper has heretofore been continuously published in said Dade County, Florida each day and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspapers(s). DAY Ok' ,1997 My Commission Expi:es: ~)ne Herald Plaza, Miami, Florida 33132-1693 (305) 350-2111 ^ith big place· I ha,c a find 6..~car-old daugl?.ter~ele, s a ~ ~" Ramirez ~id. "He s deal- xded ~g ~ith a lot of stuff. dked fillion upgrade ~cause capabilities. e and There has been discussion abOUt changing the name of the armed base to the Key West Naval Air cnts to FacilitY, but that has not been .driers. dcdd¢[L Hupp said. nillion. The base has 1.800 military dreody pcr~onnd includ ng the Coast that it Guard and 1,300 civ c toput cmplo~ees. on illion is utilities, ~ft Ilyi~g CITY OF AVENTURA PUBLIC NOTICE NOTICE 0F ADOPTION OF slGN~ODE The City o! Aventura proposbs to adopt the fo,owing Ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CIT~ OF AVENTURA, FLORIDA, ESTABLiSHiNG SIGN CODE REGULATIONS; PROVIDING FOR PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR PROHIBITED SIGNS; pROVIDING FOR REQUIRED SIGNS; PROVIDING FOR SIGNS NOT REQUIRING A PERMIT; PROVIDING FOR RESIDENTIAL DISTRICT PERMANENT SIGNS; PROVIDING FOR NON RESIDENTIAL DISTRICT SIGNS; pROVIDING FOR TEMPORARY SIGNS; PROVIDING FOR SUPPLEMENTAL REGULATIONS; pROVIDING FOR SIGN PERMITS; PROVIDING FOR NON.CONFORMING SIGNS; PROVIDING FOR SIGN MAINTENANCE; pROVIDING FOR REMOVAL OF IMPROPER SIGNS; PROVIDING FOR ' REPLACEMENT OF SIGN COOE PROVISIONS PROVIDED BY METROPOLITAN DADE COUNTY CODE SECTIONS 33-82 TO 33-121.27; pROVIDING F"R REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERADILITY AND AN EFFECTIVE DATE. ' A publiC hearing on the Ordinance will be held on Tuesday march 18, 1997, at 6 p.m. at the Columbia Aventura Medicat Center, located at 21110 Biscayne Boulevarc~-/Suite 101, Aventura, Florida. The proposed Ordinance may be aspect ed the pubtic at the Oflce o the City of Clerk, 2999 N.E. 191st~treet, Sui e 500, Aventura, Florida. nteres ed ma a ear a~t the PubliC Hear ng' and be heard with parties Y PP ...... ^n- ~,erson wishing to respect t.u. '-~'~[~ on anv item at this PubhC ~ear*ng ,s asked to register with the t.my ~,er.. ~-~ heard. In accordance with the Americans with Disabilities Act of rsons who are d sabled and who need special 1990, all pe .... --,~ n th~ orOCeeding because of ~-~at disability s~ould contact the Off,ce o me k, lty ~, ~ , 8901, not later than two business days prior to such proceedings. II a person decides to appeal any decision made by the with respect to any merle considered at a or hearing, that person will need a' record of' the tn s and, o~'such purpose, may need to ensure that includes the testimony and evidence upon which the appeal .is (o be based.. Dated this 7~ day of March, 1997. TereSa M. Sm~ .h, CMC , CRy Clerk sutwivcd an override attempt asr year. Chiles was asked FOR lllE Ki Thursday if he's ready for anbther.~ght - Miami Oolph ·,That s not a fight. That'sa Dan Mari~o .qhad,' Chiles said. "1 intend autistic son I tO fight it with my last h~h~itohed: breath." ing lawmaker help fund a U[~Sp[j[~,~E Southeaster, Broward to I~'~ ~ bMJ~h autist~ ch,d from tbe paa basic buildi Speaker ~ W~nm must ~ave had a bad flash to the and reseat( ~ past when he looked I ~ up after the House experiments - ] ~ session ended "1 think t ~otten way ~ Thu~ay and saw ethics and ~ liberal Rep. L~I~ Frlnl~ D-Wear palm Beach, standing boa said. we're doin in his new spot at the speak- God." "Get out of that chair," He co: Webster yelled with a. smile? opening pf Frankel, as he stoo<l on the to cxpe[tm House floor. . ,, Nazi scmn "Ne had a mghtmare, "lt reallys ~ROked Rep. John ?hr~be*, .OFange Park. QUOTE( INHUMAN ",',e said Rep. cloning a crime A bill-'illed Thursday by state Rep. ~ ~ R-Mt- ~.~t~ami would make ~ don ng of human He was l~lbein~ id Florida a Republi~ I~ criminal offense, tion bill Villalobcn said he drafted meats. the bill a the wake of reports that a Scottish sc entist had Ilerala Silva am suecx'ssfully cloned a sheep from a strand of DNA, the uted to t~ iomt re~ut~n.) '. o~ PUBLISHED DAILY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF DADE TheMiami Herald PublishingCompany Before the undersigned authority personally appeared: ROSEMARY PINO who on oath says that he/she is" CUSTODIAN OF RECORDS of The Miami Herald, a daily newspaper published at Miami in Dade County, Florida; that the attached copy of advertisement was published in said newspaper in the issues off Affiant further says that the said The Miami Herald is a newspaper published at Miami, in the said Dade County, Florida and that the said newspaper has heretofore been continuously published in said Dade County, Florida each day and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspapers(s). Sworn to and subscribed be~e~re~l~e this DAY OF , 1997 My Commission Expires: October 17, 1997 One Herald Plaza, Miami, Florida 33132-1693 (305) 350-2111 14 . ~ ~. . . .. ., . .. .. ~., . . o. " .. '0 T~EHEAALD, SUNDAY, FEBRUA1W 1'6>1997'. . N lOu, too, will feel welcome. 3439 Sunny Isle Blvd. North Miami Beach 305-945-7080 NOTICE OF PUBLIC HEARING Date and Time of Public Hearing: Tuesday, March 18, 1997 6:00 pm Applicant Name: OPH Allentura Realty, L. C. Applicant Request: The applicant is requesting sfte plan approval to permit a freestanding restaurant and a free- standing retail use on the subject property. Also included in this application are accompanying non-use variance requests. Application Number: 96-01 Location of Subject Property: 17800-17870 Biscayne Blvd. Lots 9,10,11 & 12,Iess 33.75 feet thereof, of Maule Federal Highway Industrial 500 as recorded in Plat Book 46, Page 55 of the Public Records of Dade County, Florida. Size of Subject Property: Approximately 0.655 acres Plans are on file and may be examined during regular business hours in the City of Aventura. Community Dellelopment Department, 2999 NE 191 Street, SuRe 500, Aventura, Florida, 33180. Plans may be modified at or before the Public Hearing. The Public Hearing will be held at Columbia Aventura Medical Arts Building, 21110 Biscayne Boulevard, Suite 101, Aventura. Florida, 33180. Your comments may be made in person at the hearing or filed in writing prior to the hearing date. It is recommended that same be mailed at least three (3) days (excluding Saturdays, Sundays and Holidays) before the hearing date. Refer to applicanUproperty on correspondence and mail same to City of Aventura. Community Development Department, 2999 NE 191 Street, Suite 500, Aventura, Florida. 33180. For further information, please call (305) 466-8940. Please advise others interested. In accQrdance with. the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to parUcipate in this proceeding because of that disability should contact the Office of the Cfty Cieri<, 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. CtlARLES TRAINOR .... I Herald Staff REPORTER: War correspondent Def Jones speaks to students at Edison High School. Get away from It all. Travel shows you how, from budget weekend trips to 'round the world cruises, Journalist wants boys . to WIn war ByMIRtAM STAWOWY Herald Writer Reality is tough. brutal even. But there is always hope. That's the message former war correspondent Del Jones sent to 500 African~American students Friday. As a witness of bloody politics in Jamaica and genocide in Rwanda, Jones brought a slice of the real world to Jackson High School on Friday. "There's also a war going on in our streets," Jones, 50, told stu. dents. "That's why we are here to make sure you don't fall down or get locked up." Boys and young men in the audience were there as part of the 500 Role Models of Excellence PLAZA DENTAL CORP. ::::~~ (305) 957-0083 r---------,---------------------,----------, I DENTURES I ROOT CANAL I CROWNS I I or~ FuIlSet I $ I $285 I I $325 $655 I 165 I (Spec"""'") I I 05110.05120 I 00310 I 02751 I L---------..L____________________..L_________.J The patjent and any other peISOO ffJSPt)fJSbIe for payments has a fight to refuse to pay. cancel PilYfTJe1Itor be f8imtx.Hsed for paymerrt for any ot!Ierserri;e, examination, ortreatmentwhfchisperfrxmedasar8Sl.Jftofandwlthin 72hours o/responding to fllelKMJrtisement for the free dIscoontedfeeorreducedfe8rxreducedfreeSl!l'ke.examinationortreatment. -.'.L -.- 18515N.E.ISAve. ~ I"'''' North Miami Beach LETUSCATERYOURPARTY~ Ho"". C S' Mon-Sun 6am-4pm omlng oon. We iIocceptVrsa & Muterurd Full Breakfast. Look For Our Specials. Phone: 932-33 14 Also Our New Salads Fax: 936-0027 Chef. Garden. Caesar . . LWlth Speciaii -~ THURSDAY I &!!J.:I!'~:#!!;rl!.ill!,g. Buy a Dozen Bagels Mon.. Corned .8oef.............._.............$5.70 Get 6 Free T...... Pastraml._............._...................$5.70 WithCou n.Ex .311197 Weds.- Fresh RoastedTurkey............$5.70 Thurs. - Combo on Twin Rolls ...........$5.70 Choice of ArrtlWo Meilots Fri.- Roost Beef or Brisket......_....$5.70 Served on Roll or Rye Only. with Potato Salad.ColeSIaw,Pickle and Fountain Soda "1":< Iii. .........e _1_ BuIlding 1826Cl NE 19th Ave. . #104 North Miami Beach, FL 1957-0083 I I~:'=I immediate ..........ency Care. Emergency Beeper. 24 Hours 1#615-1806 TUE sl""'oI Challah $1.39 I Ib, Loaf Reg.$2.25 With Coupon _ Ex lIlm FRIDAY Rye Bread, 99, lib, Loaf Reg.$159 WrthCou n-Ex _3/l/on WEDNESDAY 011 Buy a Hllflin Get a Hllflin (Umit 6) Wirh Coupon - Exp.1I1197 With every $1 0.00 Purchase, receive 6 FREE Bagels of your choice. 1{ Mon.-fri With Coupon bpln!!l 3/1/97 We accept a/l major credit cards. We _* EngrlSh . Spanish . Russian HOURS Mon. thru Fri. 9am . 7pm Saturday 9am - 3pm MIAMI DALLY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dada County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octatma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/ida Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dada County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of NOTICE OF PUBLIC HEARING APPLICANT NAME: OPH AVENTURA REALTY, L.C. APPLICATION NUMBER: 96-01 MARCH 18, 1997 in the ....................... ~ ...................................... Court, was published in said newspaper in the issues ~ Feb 18, 1997 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dada County, Fledda, 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 mall matter at the post office In Miami in said Dada County, Florida, for a period of one year next preceding the first publication of the attached copy of~spverUsamsat; and affiant further says that she has neither nor promised any or corporation any d ount, rebate, commi for the purpose ~!.~.,~.of sCU this advertl tion in the said ~.8 .//~ Sw~)ribed bef°re rne tf ~7 Octelma V. Ferbeyre person~ly_~n~e JAN~ LLEREN'A I NOTIOE OF PUBLIO HEARING Date and Time of Public Hearing: Tuesday, March 18, 1997 6:00 pm - -" - ,OP~Aveofura&lealty, LC. ...... Applicant Requ~t: The applicant is requesting site plan approval to permit a free-atending mstaurbnt and e free-standing retail use on rrm subject property. Also included in this application are accompanying non-usa variance requests. Applic/ion Number: 96-01 Location Of Subject Property: 17800-17870 Biscayne Boulevard Lots 9, 10, 11 & 12, less 33.75 feet thereof, of Maule Federal Highway Industrial Site as recorded in Plat Book 46, Page 55 of the Public Records of Dada County, Florida. Size of Subjent Property: Approximately 0.655 acres Plans are on file and may be examined during regular business hours in the City of Aveofur~ Community Development Department, 2999 NE 191 Street, Suite 500, Aventura, Florida, 33180. Plans may be modified at or before the Public Hearing. The Public Hearing wilt be held at Columbia Aventura Medical Arts Building, 21110 nlecayee Boulevard, Suite 101, Aventura, Florida, 33180. Your comments may be made in person at the hearing o~ filed i~ writing, prior to the hearing date. It is recormllatrded that te be mailed at least three (3) days (excluding Saturdays, Sundays and Holidays] before the hearing date.. Refer to applicant/property on cor- msponoence and mail same to City of Aventura, Community Development Department~ 2999 NE 191 Street. Suite 500, Aventura, Florida, 33180. For further information, please call (3~5) 466-8940. Please advise others interested, In accordance with the Americans with Disabilities Act of 1990. all persons who are disabled end 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 that 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 0f 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. 2/18 97-3-021808M MIAMI DALLY BUSINESS REVIEW Published Daily except Saturday, Sunday and Lega~ Holidays Miami, Dada County, F~orida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyra, who on oath says that she Is the Supervisor, Legal Notices of the Miami Daily Business Review f/kJa Miami Review, a daily {except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dede County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of PUBLIC NOTICE OF PROPOSED ORDINANCES OF THE CITY OF AVENTURA - 3/18/97 AN ORDINANCE AMENDING ORDINANCE 96-12, ETC. in the ........................ X~ ...................................... Court, was published in ~id newsbe~r in the issues of Mar 6, 1997 Affiant further says that the said Miami Daily Business Review Is a newspaper published at Miami in said Dada County, Flodda~ 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 mall matter et the post office in Miami in said Dada County, Florida, for a period of one year next preceding the/Irst publication of the attached copy of advertisement; and affiant further says that she has neither paid nor romiseri any person oration any discoun bate, commission urpose iof secur t ' dvertlsame the said ~~i'~day of ........................................ , A.D. 19 ...... ;~ 7]~?J~,;h.. < CC566004 I I eO[~O JUNE ~. 3,2 ,~ 0 ~,~J PUBLIC NOTICE OF PROPOSED ORDINANCES OF THE CITY OF AVENTURA March. 19g?, at a meeting of the City Douncil of the City of Aventura. to be held at 6:00 I).m. in the Council N'~eting Room at the Columbia Aventura Hospital and Medical Center, 21110 Biscayne Boulevard. Suite 101. Aventura. Florida. the City Counbil will consider the adop- tion of the following Ordinances on second reading, entitled: AN ORDINANCE OF THE CITY OF AVENTURA. FLORIDA, AMENDING ORDINANCE 96-12, WHICH PROVIDED FOR A BUILDING MORATORIUM ON ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS UPON CLASS 'C' COMMERCIAL ADVERTIStNG SIGNS (INCLUDING BILLBOARDS) WITHIN THE CITY LIMITS OF THE CITY OF AVENTURA, BY EXTENDING THE TERM OF THE MORATORIUM; PROVIDING FOR SEVERABILITY: AND PROVIDING AN EFFECTIVE DATE AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA. AMENDING ORDINANCE NO. 97-06 WHICH ESTABLISHES PROHIBITIONS AGAINST EXCESSIVE NOISE BY ADDRESSING CONSTRUCTION HOURS AND OTHER NOISE ACTIVITIES: PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. The proposed Ordinances may be inspected by the public at the Of- fice of the City Clerk. 2999 N.E. 191st Street, Suite 500. Aventura, Florida. Interested berties may appear al the Public Hearing and be heard with respect to the proposed Ordinances. Any person wishing m address the City Council on any item at this Public Hearing is asked to register with the City Clerk pder to that item being heard. In accordance with theAmericans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disabitity should contact the Oftice of the City Clerk 466-8901, not later than two business days pdor to such proce~Tng~ If a person decides to appeal any decision made by the City Council with respect to any matter considered at a meeting or hearing, thai berson will need a record of the proceedings and, for such purpose. may need to ensure that a verbatim racord of the procee~ngs is ma~e, which record includes the testimony and evidence upon which the appeal is to be based Dated this 6th day of Mamh, 1997. Teresa M. Smith, CMC City Clerk