03-17-1998 CC Meeting AgendaCITY OF AVENTURA
COMMISSION AGENDA
March 17, 1998 - 6:00 P.M.
City Commission
Arthur I. Snyder, Mayor
Jay R. Beskin, Vice Mayor
Arthur Berger, Commissioner
Ken Cohen, Commissioner
Harry Holzberg, Commissioner
Jeffrey M. Perlow, Commissioner
Patricia Rogers-Libert, Commissioner
Eric M. Soroka, City Manager
Teresa M. Smith, City Clerk
Weiss Serota Helfman Pastoriza & Guedes, City Attorney
City of Aventura
~ of Exce
Cit~ 6~mmission
Arthur I. Snyder, Mayor
Jay R. Beskin, Vice Mayor
Arthur Berger
Ken Cohen
Harry Holzberg
Jeffrey M. Perlow
Patricia Rogers-Libert
City Manager
Eric M. Soroka
Ci~ Clerk
Teresa M. Smith
Cit~ Attorne~
Weiss Serota Helfman
Pastoriza & Guedes
AGENDA
Commission Meeting
March 17, 1998 - 6:00 P.M.
Colmnbia Aventura Medical Arts Building
21110 Biscayne Boulevm'd Suite 101
Aventura, Florida 33180
1. CALL TO ORDERkROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M.
QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the
Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon these
items, please indicate the item number you would like to address when the announcement regarding
the quasi-judicial item is made. You must be sworn before addressing the Commission, and if you
wish to address the Commission, you may be subject to cross-examination. If you refuse to submit
to cross-examination, the Commission will not consider what you have said in its final
deliberations.
DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS PURSUANT TO ORDINANCE 96-09
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING A DELETION OF PREVIOUSLY
APPROVED PLANS AND DEVELOPMENT CONDITIONS AS
PROVIDED BY RESOLUTION NO. 4-ZAB-95-89; APPROVING A
MODIFICATION OF CONDITION #2 OF RESOLUTION Z-50-69
PASSED AND ADOPTED BY THE BOARD OF COUNTY
COMMISSIONERS ON THE 20TM DAY OF FEBRUARY, 1969, AS
March 17, 1998 Commission Meeting
FURTHER MODIFIED BY RESOLUTION 4-ZAB-278-87 PASSED AND
ADOPTED BY THE ZONING APPEALS BOARD ON THE 29TM DAY OF
JULY, 1987, ONLY AS IT APPLIES TO THE SUBJECT PROPERTY, TO
PROVIDE THE NEW PLAN OF DEVELOPMENT; APPROVING A
MODIFICATION OF RESOLUTION NO. 4-ZAB-278-87 REQUIRING 1.25
PARKING SPACES PER UNIT WHERE A PROVISION OF 1.07
PARKING SPACES PER UNIT IS PROPOSED; GRANTING A SPECIAL
EXCEPTION TO PERMIT A MULTI-FAMILY DEVELOPMENT FOR
THE ELDERLY; GRANTING AN UNUSUAL USE TO PERMIT A HOME
FOR THE AGED; GRANTING AN UNUSUAL USE TO PERMIT A
NURSING HOME; GRANTING AN UNUSUAL USE TO PERMIT AN
ENTRANCE FEATURE AND MORE SPECIFICALLY, A GUARDHOUSE
FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF WEST
COUNTRY CLUB DRIVE AND THE WILLIAM LEHMAN CAUSEWAY;
PROVIDING AN EFFECTIVE DATE.
4. APPROVAL OF MINUTES:
Council Meeting March 3, 1998
AGENDA: Request for Deletions/Emergency Additions
$. SPECIAL PRESENTATIONS: None
7. CONSENT AGENDA:
Ao
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING RESOLUTION 96-38 WHICH DID
ADOPT A FEE SCHEDULE FOR BUILDING PERMITS; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
(Reduces inspection fee for hot water heater installation to $50.00)
Bt
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED FIRST MODIFICATION OF SHOPPING
CENTER LEASE AGREEMENT DATED DECEMBER 1, 1996 FOR THE
POLICE STATION OPERATIONS; AND PROVIDING AN EFFECTIVE
DATE.
(Authorizes execution of modification of police station lease to extend the term for
an additional thirteen (13) months pending construction of permanent facility)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA ACCEPTING AND ADOPTING THE ELECTON
RESULTS OF THE MARCH 10, 1998 MUNICIPAL SPECIAL ELECTION,
March 17, 1998 Commission Meeting
AS CERTIFIED BY THE CITY CLERK AND ATTACHED HERETO;
PROVIDING AN EFFECTIVE DATE.
(Certifies results o£Municipal Special Election held on March 10, 1998)
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED
CABLE FRANCHISE AGREEMENT BY AND BETWEEN THE CITY
AND COMCAST CABLEVISION OF BROWARD COUNTY, INC.;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AlMS OF THIS ORDINANCE; AND
PROVIDING AN EFFECTIVE DATE.
(Authorizes execution of Cable Franchise Agreement with Comcast Cablevision o£
Broward County, Inc.)
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
REPEALING ORDINANCE NO. 98-02 WHICH ESTABLISHED A
RESIDENCY POLICY FOR UTILIZATION OF AVENTURA FOUNDERS
PARK TO PROVIDE PRIORITY TO CITY RESIDENTS AND
ESTABLISHED A FEE SCHEDULE FOR NON-RESIDENTS;
AUTHORIZING THE CITY MANAGER TO ESTABLISH, BY
ADMINISTRATIVE POLICY, FEE SCHEDULES FOR PARK OR PARK
FACILITIES USAGE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
(Provides for repeal o£ previously enacted ordinance which provided a £ee schedule
£or non-residents for use o£ Founders Park and authorizes £ee schedule to be
established by Administrative Policy by the City Manager)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA URGING THE STATE LEGISLATURE TO
CONTINUE FUNDING FOR ADULT EDUCATION CLASSES; URGING
THE MIAMI-DADE COUNTY SCHOOL BOARD TO CONTINUE ADULT
EDUCATION CLASSES AS PRESENTLY OFFERED; AND PROVIDING
AN EFFECTIVE DATE.
(Urges the State Legislature and Miami-Dade County School Board to continue
adult education classes to seniors as presently offered)
8. PUBLIC HEARINGS: ORDINANCES - FIRST READING
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CITY CODE BY CREATING CHAPTER 4 OF THE
CITY CODE "ALCOHOLIC BEVERAGES"; PROVIDING FOR THE
REGULATION OF HOURS AND DAYS OF SALE AND LOCATION OF
PLACE OF BUSINESS FOR SALE OF ALCOHOLIC BEVERAGES;
PROVIDING FOR DEFINITIONS; REPLACING COUNTY ZONING
March 17, 1998 Commission Meeting
RESTRICTIONS ON HOURS AND DAYS OF SALE AND LOCATION OF
PLACE OF BUSINESS, MAINTAINING COUNTY ZONING DISTRICT
REGULATIONS; PROVIDING FOR REGULATION OF CONDUCT
CONCERNING HOURS AND DAYS OF SALE; PROVIDING FOR
INSPECTIONS; PROVIDING FOR SEVERABILITY, PENALTY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING ORDINANCE NO. 97-20 WHICH PROVIDED THE TERMS
AND CONDITIONS FOR THE OPERATION OF CABLE TELEVISION
SYSTEMS AND PROCEDURES RELATING TO THE GRANT OF
FRANCHISES; AMENDING SECTION 14.B, SECTION 15.G, SECTION
16.C, SECTION 18.E, F, G ,K, AND S; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR A SAVINGS
CLAUSE AND PROVIDING AN EFFECTIVE DATE.
9. PUBLIC HEARINGS: ORDINANCES - SECOND READING
Ao
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; EXTENDING
THE DURATION OF THE EXISTING BUILDING MORATORIUM ON
ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT
PERM1TS WITHIN THE MARINA AREA AND THE HOSPITAL AREA, AS
PREVIOUSLY IMPOSED PURSUANT TO ORDINANCE NO. 97-22 OF THE
CITY OF AVENTURA; BY AMENDING SECTION 8 "TERM" OF
ORDINANCE NO. 97-22 TO PROVIDE FOR EXTENSION OF SUCH
MORATORIUM, SO AS TO ENABLE CITY'S COMPREHENSIVE PLAN
TO BE COMPLETED AND IMPLEMENTED; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 97-25, WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 1997/98 FISCAL YEAR
BY REVISING THE 1997/98 FISCAL YEAR OPERATING AND CAPITAL
BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE;
PROVIDING FOR AN EFFECTIVE DATE.
10. OTHER BUSINESS: None
REPORTS
12. PUBLIC COMMENTS
March 17, 1998 Commission Meeting
~13. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS:
WORKSHOP MEETING
TOWN HALL MEETING
March 24, 1998
March 30, 1998
9:00 a.m.
7:00 p.m.**
*Government Center 2999 NE 191~t Street Suite 500
**Coronado Condominium 20301 W. Country Club Drive
This mceting is open to the public. In accordm~oe with the Americans with Disabiliti~ Act of 1990, all persons who are disabled and who need special
acconmaodatica~s to participate in this racetthg because of that disability .should ccaftact the Office of the City Cleric 466-8901, not latoc than two days
prior to such proceedin~
Anym~e wishingto appeal any decision made by the Aventura City Commissi~ with r ~p eot to any matter eonsidexed at such meeting or hearing will
need a record oftbe proceedings and, for such purpose, may need to onsure that a verbatim record of the proceedings is made. which record includ~
the testimony and evidea~ce upon which the appeal is to be based.
Agoada iteans may be viewed al the Office of the City Clerk, City of Aveatura Government C~a~ter, 2999 NE 191~ Slreet, Suite 500, Avelllum,
Florida, 33180. Anyone wishing to obtain a copy of any agoada item should ~ontact the City Clerk at 466~8901.
TO:
FROM:
BY:
DATE:
SUBJECT:
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
City C°mmission _~/ /__/
Eric M. Soroka, Cit~Ma~ger/
Brenda Kelley, Planner~
March 12, 1998
CC-Aventura, Inc. Request for multiple approvals, as more specifically
itemized below, to permit a life care facility at 19333 West Country Club
Drive.
Application Number: 01-MA-98
March 17, 1998 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission, following a Public Hearing, approve the
requests associated with the development of a life care facility at 19333 West Country
Club Drive.
THE REQUEST
The applicant is requesting the following:
1) Special Exception to permit a multi-family development for the elderly.
2) Unusual Use to permit a home for the aged.
3) Unusual Use to permit a nursing home.
4) Unusual Use to permit an entrance feature and more specifically, a guardhouse.
5) Modification of Condition #2 of Resolution Z-50-69 passed and adopted by the
Board of County Commissioners on the 20th day of February, 1969, as further
modified by Resolution 4-ZAB-278-87 passed and adopted by the Zoning Appeals
Board on the 29th day of July, 1987, only as it applies to the subject property, to
provide the new plan of development.
6) Modification of Resolution No. 4-ZAB-278-87 requiring 1.25 parking spaces 3er unit.
(Provision of 1.07 parking spaces per unit is proposed).
7) Deletion of previously approved plans and development conditions as provided by
Resolution No. 4-ZAB-95-89.
BACKGROUND
OWNER OF PROPERTY:
ADDRESS OF PROPERTY:
LOCATION OF PROPERTY:
SIZE OF PROPERTY:
LEGAL DESCRIPTION:
EXISTING ZONING:
FUTURE LAND USE DESIGNATION:
CC-Aventura, Inc.
19333 West Country Club Drive
The northeast corner of West Country Club
Drive and the William Lehman Causeway.
Approximately 4.32 acres
See Exhibit #1
RU-4A, Hotel Apartment House District
Medium-High Density Residential
Zoning -
Subject Property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Existing Land Use-
Subject Property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
RU-4A, Hotel Apartment House District
RU-4A, Hotel Apartment House District and
GU, Interim District
BU-2, Special Business District
GU, Interim District
BU-2, Special Business District
vacant
Turnberry Associates modulars and Golf
Course
William Lehman Causeway and Founders Park
Golf Course
Aventura Mall
2
Future Land Use - According to the Adopted 2000 and 2010 Land Use Plan for Metro-
Dade County, Florida, the following properties are currently designated as follows:
Subject Property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Medium-High Density Residential
Medium-High Density Residential and
and Recreation
Business and Office
Parks and Recreation
Business and Office
Parks
The Site - The subject site, located at the northeast corner of West Country Club Drive
and the William Lehman Causeway, is an irregular shaped piece of land approximately
350 feet deep by 430 feet at the widest point. (See Exhibit #2 for a location map).
The Project - The Classic Residence by Hyatt is a life care community providing
a continuum of care to seniors in a luxury residential environment. The applicant is
proposing a guarded, gated facility with two 27-story towers and a three-story nursing
facility.
This heavily landscaped facility will have a mediterranean flair with neutral colors,
barrel-tile roofs and a fountain at the entrance.
The continuum components in the facility include 296 Independent Living units
consisting of one, two, and two bedroom plus den units, 29 Assisted Living units, 61
Skilled Nursing units, and 16 Alzheimer Care units. The assisted living and skilled
nursing units will all be private beds. According to the Dade County Comprehensive
Development Master Plan, Adopted Components 1997, "nursing homes may be
permitted at suitable locations in Residential Communities in keeping with the following
density allowance: Each 2.5 occupants shall be considered to be one dwelling unit ..."
The applicants have calculated the density of the Assisted Living, Skilled Nursing and
Alzheimer Care units at a density of "two health center units equal to one" unit.
Previous approvals on the property allowed for a maximum of 501 units where the
applicant is proposing 402 units using straight density or 349 units using two health
center units equal to one unit. Furthermore, the applicant has provided that the
maximum number of residents for the project will be 664 residents. (See Exhibit #3 for
the letter of intent which describes the proposed units in detail).
The facility will also provide ancillary uses commonly found in full service retirement
communities including, but not limited to, a beauty/barber shop, sundry/grocery store,
restaurant with bar/lounge, banking facility and administration offices.
At the request of Miami-Dade Fire Rescue, a fire lane has been added to the south of
the property, adjacent to Tower II. This area will also serve as a loading zone for
residents moving in to Tower II as there is direct access to an elevator.
3
As owner, CC-Aventura will be solely responsible for the maintenance and operation of
the common areas. The residents will be charged an entrance fee and a monthly
management fee. This type of facility is highly regulated by the State for licensing.
Additionally, certain guidelines must be met regarding sales of the units prior to
approval by the State's Department of Insurance for the facility to begin construction.
Therefore, construction of the facility may take up to 2 % years to begin.
If approved by the City Commission, the applicant will immediately start construction of
a sales center with a sample two-bedroom unit on the site. Additionally, the applicant
will be opening a sales center in Loehmann's Fashion Island.
Background - The zoning regulations for Residential Parcel "M" in the Development
Criteria for Biscayne Village provided the first development guidelines for this site as
approved by Miami-Dade County. This original criterion provided specific guidelines
regarding setbacks, lot coverage, parking and, more specifically, allowed for 27 stories
or 270 feet maximum height of buildings. Since that original approval, two resolutions
were adopted by Miami-Dade County Zoning Appeals Board to allow modifications to
the original approval and, more specifically, to allow the submittal of revised plans.
One of these resolutions is no longer applicable to this development and, therefore, the
deletion of those previously approved plans and development conditions is being
requested.
ANALYSIS
Consistency with Comprehensive Master Plan - The proposed development is not
inconsistent with the Dade County Comprehensive Development Master Plan.
Citizen Input -
department.
No written or verbal communication has been received by this
Review by Other Agencies:
DERM - DERM has reviewed the subject application and has determined that it meets
the minimum requirements of Chapter 24 of the Code of Metropolitan Dade County,
Florida... Additionally, DERM has also evaluated the request insofar as the general
environmental impact that may derive from it and after reviewing the available
information offers no objection to its approval.
Review by City Departments
Landscape Architect - The City's Landscape Architect has reviewed the plan, worked
closely with the applicant's Landscape Architect and approved the proposed
Landscape Plan.
4
Police Department - This department has reviewed comments from the Police
Department and finds that the following item may still need to be addressed:
... Those without cars will depend upon public transportation, which may cause an
increase in the number of stops buses may need to make. ^ special bus lane
where passengers may be loaded or unloaded so that the buses do not have to stop
on Country Club Drive may help.
Community Development Department Analysis - The Community Development
Department is supportive of this project.
The applicant is requesting the following special exception and unusual uses:
1) Special Exception to permit a multi-family development for the elderly.
2) Unusual Use to permit a home for the aged.
3) Unusual Use to permit a nursing home.
4) Unusual Use to permit an entrance feature and more specifically, a guardhouse.
The guidelines for approval of special exceptions and unusual uses as found in Miami-
Dade County Code Section 33-311(d), requires that the applied for exception or
unusual use, including exception for site or plot plan approval:
1. Would not have an unfavorable effect on the economy of Miami-Dade County.
The approval of the above requests would not have an unfavorable effect on the
economy of Miami-Dade County.
2. Would not generate or result in excessive noise or traffic, cause undue or excessive
burden on public facilities, including water, sewer, solid waste disposal, recreation,
transportation, streets, roads, highways, or other such facilities which have been
constructed or which are planned and budgeted for construction, are assessable by
private or public roads, streets or highways;
The approval of the above requests would not result in an excessive burden of
public infrastructure. Moreover, this development, at 349 dwelling units, will provide
less of a burden on public infrastructure than the original approval, by Miami-Dade
County, of a multi-family development at 501 dwelling units.
3. Would not tend to create a fire or other equally or greater dangerous hazards, or
provoke excessive overcrowding or concentration of people or population;
The approval of the above requests would not tend to create a fire or other equally
or greater dangers hazard, or provoke excessive overcrowding or concentration of
people or population above and beyond a multi-family development as originally
approved by Miami-Dade County.
5
4. When considering the necessity for and reasonableness of such applied for
exception or use in relation to the present and future development of the area
concerned and the compatibility of the applied for exception or use with such area
and its development.
The necessity for and reasonableness of such requests is compatible with the
surrounding area and the demographics of the City of Aventura.
The applicant is also requesting the following:
5) Modification of Condition #2 of Resolution Z-50-69 passed and adopted by the
Board of County Commissioners on the 20th day of February, 1969, as further
modified by Resolution 4-ZAB-278-87 passed and adopted by the Zoning Appeals
Board on the 29th day of July, 1987, only as it applies to the subject property, to
provide the new plan of development.
Resolution Z-50-69 and Resolution 4-ZAB-278-87 approved specific site plans
applicable to the request at that time. Since a new site plan has been submitted,
this new plan must be specified in the approval and replace previously approved
plans.
6) Modification of Resolution No. 4-ZAB-278-87 requiring 1.25 parking spaces per unit.
(Provision of 1.07 parking spaces per unit is proposed).
Parking
Resolution No. 4-ZAB-278-87 approved 1.25 parking spaces per unit. At 1.25
parking spaces per unit, the applicant would be required to provide 437 parking
spaces. The applicant is proposing to provide 373 parking spaces, which calculates
to 1.07 parking spaces per unit. The applicant has provided reasonable data to this
department (See Exhibit #4) in support of their request for approval of 373 parking
spaces.
If this request were to be viewed as a parking variance, the guidelines for approval
of non-use variances as required by Dade County Code Section 33-311(e)(2)
requires:
The non-use variance maintains the basic intent and purpose of the zoning,
subdivision and other land use regulations, which is to protect the general
welfare of the public, particularly as it affects the stability and appearance of the
community and provided that the non-use variance will be otherwise compatible
with the surrounding land uses and would not be detrimental to the community.
The non-use variance requested is compatible with the surrounding land uses
and the applicant has presented reasonable information in support of the
request, that approval of such would not be detrimental to the community.
6
2. No showing of unnecessary hardship to the land is required.
7) Deletion of previously approved plans and development conditions as provided by
Resolution No. 4-ZAB-95-89.
Resolution No. 4-ZAB-95-89 approved a previously submitted site plan. Since that
site plan is no longer pertinent to this application, it is necessary to delete that
approval as well as development conditions relative to its approval, through the
public hearing process.
CONDITIONS
It is recommended that the requests be granted subject to the following conditions:
STANDARD CONDITIONS
1. Plans shall substantially comply with those submitted as follows:
· Boundary Survey, prepared by Manuel G. Vera and Assoc., Inc., revised dated
12/04/97;
· Cover page, cul-de-sac view, prepared by Mouriz Salazar Architects and Planners;
· Arrival Level View, Sheet 1, prepared by Mouriz Salazar Architects and Planners,
revised date 12/18/97;
· Garage and Site Plan, Sheet 2, prepared by Mouriz Salazar Architects and
Planners, revised date 3/3/98;
· Arrival Level Plan, Sheet 3, prepared by Mouriz Salazar Architects and Planners,
dated 3/3/98;
· Second Level Plan, Sheet 3a, prepared by Mouriz Salazar Architects and Planners,
revised date 12/18/97;
· Arrival Level Elevation, Sheet 8, prepared by Mouriz Salazar Architects and
Planners, revised date 12/18/97;
· Cul-de-sac Elevation, Sheet 9, prepared by Mouriz Salazar Architects and Planners,
revised date 12/18/97;
· Golf Course Elevation, Sheet 10, prepared by Mouriz Salazar Architects and
Planners, revised date 12/18/97;
· Conceptual Landscape/Site Plan, Sheet L-l, prepared by Corral-Howard
Collaborative, revised date 3-6-98;
· Conceptual Site Paving Plan, Sheet L-2, prepared by Corral-Howard Collaborative,
revised date 3/9/98
Applicant shall obtain building permits within 36 months of the date of this
Resolution or the multiple approvals granted shall be deemed null and void and the
applicant shall be required to reinstate the public hearing approval process unless
the term is extended by a motion of the City Commission prior to its expiration.
7
Applicant shall commence utilization of the approvals granted within 36 months of
the date of this Resolution or the approvals granted shall be deemed null and void
unless the term is extended by a motion of the City Commission prior to its
expiration.
PROJECT SPECIFIC CONDITIONS
1. A 'Right Turn Only' sign shall be placed at the exit driveway at the property line at
West Country Club Drive and shall be shown on building permit plans prior to
issuance of the building permit for the facility. The applicant shall be permitted to
submit traffic data, after initiation of the operation of the project, seeking
administrative modification of this condition.
^ 'No U Turn' sign shall be placed northbound on West Country Club Drive at the
first median cut north of the driveway of the project, prior to the issuance of the
building permit for the facility.
Upon evaluation of the request to Miami-Dade Transit Authority (MDTA), the
applicant shall provide evidence of MDT^ support or non-support of a northbound
bus lane on West Country Club Drive at William Lehman Causeway. Such
recommendations, if any, shall be completed by the applicant, prior to final
Certificate of Occupancy for the facility.
/staff ~po~ts/01-MA-98 Hyatt
8
DESCRIPTION
A PORTION OF TRACT "HH" OF "~.t~ ttt ADDITION BISCAYNE YACHT AND
COUNTRY CLUB", ACCORDI~IG TO 'I'ttE PLAT 'I'ttb..l~OF AS RECORDED 12~ PLAT
BOOK 99, AT PAGE 20. OF TH~ PUBLIC RECORDS OF DADE COUNTY. FLORIX)A.
BEING DESCRIBED AS FOLLOWS:
BEGINNING AT TIlE S.E.CORb[E~ OF sAID TRACT '~I]-F'; ~CE S 74 02'45' W,
ALONG THE SOUTH LINE OF SAID TRACT ~ FOR 92.47 FEET; THENCE
S 78 09'37" W FOR 34g.43 t,~,l TO A POINT ON THE ARC OFA CURVE CONCAVE TO
THE NOR~, SAID POINT BEARS S 15 5T!5' E FROM THE C35N'I'F.R OF SAID
CURVE; THENCE SOUTHWE~-I~aO.,Y, ALONG TH~ ARC OF SAID CURVE TO THE
RIGHT, HAVING A RADIUS OF 5569.$~, FEET AND A CENI~~L ANGLE OF
I 16'2~' FOR AN ARC DISTANCE OF 123.89 FEET TO A POINT ON THE ARC OF A
CURVE CONCAVE TO TH~ NORTIiF...A~F, SAID POINT BEARS S 45 05'41" W FROM
THE (JISN IV_,K OF SAID CURVE; ~CE NOR'I'HWF~-I~'I''Y, ALONG THE ARC OF
SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 50.00 FEET AND A CISbFIII.AL
ANGLE OF 35 lg'51' FOR AN ARC DISTANCE OF 30.82 l,-P...~ t TO A POINT OF
REVERSE CURVATURE; ~CE CONTINUE NORTHWEh~I]=~LY, ALONG THE ARC
OF SAID CURVE TO THE L,t~ t, HAVIN(} ARADI'US OF 1421.14 l'l~.'l AND A
CENTRAL AH'(]L,E OF $ 40'49" FOR AN ARC DISTANCE OF 215.30 ~-ld= 1 TO A POINT
OF REVER~qE CURVATURE; 'I'iiENCE NOR'I3.1WESTERLY, ALONG THE ARC OF SAID
CURVE TO THE RIGHT, HAVING A RADIUS OF 4510.66 FEET AND A CEN ~
ANGLE OF 0 24'09" FOR AN ARC DISTANCE OF 31.69 FEET; ~CE N 58 55'12' E
FOR 422.48 FEET TO A POH',IT ONTHE ARC OF A CURVE CONCAVE TO THE
NORTHEAST SAID POINT BEARS S 40 33'01' W FROM THE (.3=~ I,'=R OF SAID CURVE.
THENCE SOt.FI'HF_.ASTERLY, ALONG THE ARC OF SAID CURVE TO THE I
HAVING A RADXUS OF 790.00 [.trP..l AND A (~.l''ITR-atL ANGLE OF 16 56'02" FOP, AN
ARC DISTANCE OF 233.49 I'~-~-I; THENCE S 15 57'15' E FOR 24000 l'ISI:.T TO THE
POINT OF BEGINNING THE LAST TWO (2) COURSES BEING ALONG THE
BOUNDARY OF SAID TRACT "HH".
CONTA.[b,q~G 188033.08 SQUARE t,P.,~ 1 MORE OR I~E. SS OR 4.32 ACRES MORE OR
LESS
EXHIBIT #1
N
EXHIBIT #2
CLASSIC
R( SI[]ENC(
BY HYATT*
Jerry Falcon
Vice Presidenl ot Development
Classic Residence by Idyatt
200 W./V~adison St., 8te. 22.10
Chicago, JL USA 60606-3416
Telephone J312t ?50-8292'
Facsimile 1312] 2.50 8589
December 18, 1997
Mr. Jaye M. Epstein
Director, Community Development Department
City of Aventura
2999 N.E. 191st Street, Suite 500
Aventura, Florida 33180
Re;
CC-Aventura, Inc. ("Applicant")
N.E. Comer of West Country Club Drive and Lehman Causeway, Tract M-2 (the
"Property")
Proposed Use of Property and Letter of Intent
Dear Mr. Epstein:
The Applicant herewith submits the following information regarding the proposed Use of
the subject Property and Letter of Intent to be incorporated and made a part of the following
applications to the City of Aventura ("Applications).
Public Hearing Application for Unusual Use
Public Hearing Application for Non-Use Variances
Application for Site Plan Approval
Proposed Use of Property
Applicant proposes to develop a retirement community offering a continuum of care for
seniors in a luxury residential environment.
The continuum components in architectural design and services will include Independent
Living, Assisted Living, Nursing Home care, Alzheimer care in addition to other social and
health support services.
Residents will execute a Residence Agreement which assures specific accommodations in
the Independent Living component, various services and amenities. The Residence Agreement
will extend for the life of the resident and will cover changing conditions in his or her health.
Residents pay an Entrance Fee and Monthly Fees. Upon a transfer to the Assisted Living,
JF: li: epstein l. 2 l 2
EXHIBIT #3
Letter to Jaye Epstein
December 18, 1997
Nursing Home or Alzheimer care components, the monthly maintenance fee remains the same as
that charged in the Independent Living component.
The following is a brief description of services for each of the continuum components:
Independent Living - Independent Living Units (ILU's) will include one, two and two
bedroom plus den units, similar to luxury condominium apartments. Each 1LU will
include carpeting, window treatments, kitchen, private bath(s), an emergency call system,
an individually controlled thermostat, washer and dryer, large closets and storage areas.
Dining services for Independent Living residents include at least one meal a day in the
main dining room. The menu will include a selection of several entrees at each meal and
accommodation of special dietary needs, all served restaurant style. Dining services for
personal care and skilled nursing will include three diet controlled meals delivered in
separate dining rooms.
Services provided will include housekeeping and linen service, all utilities (except
telephone), emergency call service, exemise classes, scheduled transportation and
numerous social events and programs. Additional meals and guest meals, guest
apartments, a beauty parlor and barber shop, a bank or financial service, grocery shop,
home health care, rehabilitative services and pharmacy services will also be available.
The community will emphasize good health and preventive care. Preventive health and
wellness programs will involve health education, a fitness program and exercise classes.
The community will include a wellness center, health spa and swimming pool.
Assisted Living - The Assisted Living component will serve residents who, either
permanently or temporarily, require a moderate level of assistance with activities of daily
living, but do not require continuous nursing supervision. Assisted Living services are
intended to maintain a high degree of independence and dignity. These activities will
include bathing, dressing, dining and monitoring of medication. This facility will have
separate common areas and dining room.
Skilled Nursing - The Skilled Nursing component will serve residents who require
permanent or temporary 2A-hour nursing care. All units will be private beds with toilet
and shower facilities in each room, dining rooms and other common areas, a nurses'
station, bathing areas, storage and linen rooms, therapy rooms and a medical records area.
Several units of the SNF, all private units, will accommodate Alzheimer's patients. The
Alzheimer's area will include their own common areas and activity spaces.
JF: li: epstein l.212
Letter to Jaye Epstein
December 18, 1997
The architectural design and program description specific to unit count and square
footage to be developed is as follows:
Independent Living Units
A1 (1BDR/1B)
A2 (1BDR/1B)
B (2BDR/2B)
B1 (2BDR/2B)
C (2BDR/2B)
C1 (2BDR/2~AB)
D (2BDR/2VzB)
E (2BDR/2V2B)
Total Independent Living Units
Sq. Ft.
746
883
1,159
1,149
1,498
1,376
1,715
2,076
Count
17
17
43
90
14
57
14
296
Health Center Units
Assisted A
Assisted B
Alzheimer's A
Alzheimer's B
Skilled Nursing A
Skilled Nursing B
Total Health Center Units
550
600
275
300
275
300
21
8
12
4
45
106
Density Equivalent Units ("DEU's")
Total Independent Living Units
Total Health Center Units
Total
# of Units
296
106
402
DEU's
296
53*
349
*Two Health Center units equal one DEU
JF: li: epstein l.212
The Site Development Data for the proposed development compared to the current zoning requirements and the most
recent zoning approval dated 1984 for the subject property is as follows:
Design Data
M-2 Site
Approved Proposed
Required/87
1994
I Resolution Z-50 Classic Residence by Hyatt
I
IZoning District RU4A
!Resolution No.: Z~50-89
4-Za~B-278-87
Gross Land Area 188,179.2 s.f. (4.32 acres)
Less Row: (213.1 s.f.)
Net Land Area: 187,966.1 s.f. (4.315 acres)
Required/Permitted Provided Proposed
Lot Coverage
First Three Stories (90% Max.) 169,169.5 s.f. 72,610 s.f. 76,939 s.f. (41%)
Above Three Stories (40% Max.) 75,188.4 s.f. 66,643 s.f. 55,362 s.f. (29%)
Paved Area (See Note 1) 55,200 s.f. 24,025 s.f.
Common Open Sp~ce (See Note 1) 60,156 s.f. 93,938 s.f.
Total Numb er of Dwelling Units
(375 S.F. Lot Area/Unit Min.) 501 units 495 units 349 units
Number of Bedrooms Not required 965 bedrooms 548 bedrooms
Net Density 116 units/net acre 115 units/net acre 82 units/net acre
getbacks
First Three Sto~es
Front 25 feet 25 feet 25 feet min.
~ide 20 feet 20 feet 20 feet min.
~.car 0 feet 0 feet 3 feet min.
{aterior 0 feet 0 feet 0 feet min.
4bove Three Stories
Front 25 feet 25 feet 108 feet min.
~ide 20 feet 20 feet 39 feet min.
~ear 50 feet 50 feet 50 and 60 feet
~nterior 50 feet 50 feet 50 feet min.
W~xlmum Building Height 27 stories or 270 feet 26 s~ries 27 stories or 269 feet
I~aximum FloorArea 1,693,612 s.f. max. 1,126,479 s.f. 765,692 s.f.
(F.A.R. = 9 to I) (F.A.R. = 6 to 1) (F.A.R. = 4.07 to 1)
~arking Required 619 spaces 622 spaces total 378 spaces
(1.25 spaces per unit) (1.25 spaces per unit) (1.08 spaces per unit)
~Iinirnum Distance Between 100' 100' 108'
~uilding$ with Facing Windows
Letter to Jaye Epstein
December 18, 1997
The approvals being requested specific to each of the applications filed are as follows:
Public
Hearing Application for Unusual Use
Special exception to permit site plan approval of a multi-family development for the
elderly.
Unusual use to permit a home for the aged, inclusive of the description of Applicant's
Plan of Development described herein and additional information contained within the
Application.
Approval of ancillary uses commonly found in full service retirement communities, by
example and not by limitation, a beauty, barber shop, sundry/grocery store, restaurant,
bank or financial service entity and home health care office.
Public Hearing for Non-Use Variances
Approval of a parking ration of 1.08 to service the community described as follows:
Description Units. Density Equivalent
Independent Living 296 296
Health Care 106 53
Total 402 349
Parking Spaces 378
Parking Ratio 1.08
Application for Site Plan Approval
Site Plan Approval substantially in accordance with the site plan submitted and made a
part of all Public Hearing Applications presented to the City of Aventura.
Letter oflntent
Applicant's support and justification for approval of the above Applications and public
benefit inherent to the approvals requested are described as follows:
There is a need for this program in the City of Aventura:
The program described will offer to the current elderly citizens of Aventura.
1. A luxury housing development which is not currently available to the senior
population in Aventura.
2. An alternative to limited services which are provided in exiting rental and
condominium developments.
JF: li :epstein l.212
Letter to Jaye Epstein
December 18, 1997
An opportunity for senior citizens to stay within the Aventura community as their
service requirements, particularly health care, becomes needed as a part of their
natural aging process.
4. An opportunity for the younger population in Aventura to have their parents in need
of the Applicant's proposed development to move to Aventura.
5. There is no direct competition with Applicant's proposed development within 10
miles of the subject property.
Aventura has 25,419 households, 13,460 (53%) of which are over the age of 65 and
8,143 (32%) of which are over the age of 75. This existing population and continued
demand by seniors to live in Aventura supports the need for Applicant's development.
Less intense land use for the subject property:
1. Less intense land use compared to existing approved zoning for apartments or
previously approved zoning for the subject property.
2. Less traffic generation by occupants than traffic generated by apartment or
condominium development.
3. The identified ancillary uses are exclusive for the convenience of the residents and are
generally included in this type of development.
The request for less parking 1.08 ratio to the current 1.25 ratio approval for the
apamnents is an extension of the lower traffic impact generated by the senior resident
population. Most communities would utilize a ratio of .70% or 244 spaces compared
to our design of 1.08 or 378 spaces.
In terms of parking spaces, we are proposing 376 versus the industry standard of 238.
The favorable consideration of the Applications is respectfully requested.
Very truly yours,
~~of Development
JF: li: epstein l.212
CC-AVENTURA, INC.
200 WE~ MADISON ~e~, ~. 27 I 0
CHICAGO, ILLINOIS 60606
To whom it may concern:
Reference is made to CC-Aventura, Inc.'s (the "Corporation"), Public Hearing Application
for Non-Use Variances, Public Hearing Application for Unusual Use and Application for Site Plan
Approval (collectively, the "Applications"), which are pending before the City of Aventura, Florida.
This letter confirms that in connection with the Applications, the Corporation has designated
Jerry Falcon at 200 West Madison, Suite 2710, Chicago, Illinois 60606, (312-750-8297), and Juan
Mayol, Esq. at Greenberg Traurig, 1221 Brickell Avenue, Miarui, Florida 33131, (305-579-0500),
acting separately, as its authorized representatives.
Subscribed and sworn before me
us/_ day1997.
,l~)'~ry Public~' ~'
CC-Aventura, Inc., a Delaware corporation
Executive Vice President
H:WRO J ECTSkAVENTURA\VARiANC E.CER
m
x
Classic Residence by Hyatt
CC-Aventura, Inc.
Parking Analysis in support of Zoning
City of Aventura
Response to DRC review meeting 1/",27/98
Date 02/05/98
Dwe01ng
Description Units
Independent Uving 296
Assisted Living 29
Alzheimer Units 16
Nursing Units 60
Total 401
Peak Parking
Summary
For Dwelling Units
Overlap Morning &
Day Parking 39
3:00 PM 29
Sub Total Required
Guest Parking
Total Required
Parking For
Parking Total Staff Morning Parking Day Parking For Night Parking For
For Units Staffing Overall 7:00-3:00 For Staff 3:00-11:00 Staff 11:00-7:00 Staff
148 83 42 42 21 37 19 4 2
15 15 8 6 3 6 3 3 2
8 8 4 3 2 3 2 2 1
30 44 22 26 13 10 5 8 4
201 " 1~0 76 77 39 56 29 17 9
201
68
269
40
3O9
8 H.C. REQUIRED BY CODE. (12 PROVIDED)
Total Provided 376
Assumptions:
Independent Units
Assisted Alzheimers,
Nursing Units
Employees
376 INCLUDES H.C. PARKING 4 I~ ARRIVAL LEVEL 4 ~} TOWER 1 - GARAGE
2 ~ TOWER II - GARAGE
2 @ HEALTH CENTER - GARAGE
Utilized (c) (I) as per DRC Comments 1/27/98 (.50) Parking space per unit
Utilized (g) as per DRC Comments 1/27/98 - One parking space for each two beds
All units in Health Core am for single occupancy or one bed
Utilized (g) as Per DRC Comments 1/27/98 - One parking place for each two employees
Assumed 100% overlap at peak shift hour of 3:00 PM
Guest Parking Classic ReSidence by Hy'aff experience is 10% of total Units
Staffing Ratios Provided by Classic ReSidence by Hyatt Management Co/Based on operating experience
Contingency Management believes 15%of the total units will provfde over capacity
Assuming the approval of the Uses, Unusual Use to permit a 'Home for the aged' and "Nursing Home" and Compliance with the Criteria above, no Unusual Use Vaflance would be
required.
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING A
DELETION OF PREVIOUSLY APPROVED PLANS AND
DEVELOPMENT CONDITIONS AS PROVIDED BY
RESOLUTION NO. 4-ZAB-95-89; APPROVING A
MODIFICATION OF CONDITION #2 OF RESOLUTION Z-
50-69 PASSED AND ADOPTED BY THE BOARD OF
COUNTY COMMISSIONERS ON THE 20TM DAY OF
FEBRUARY, 1969, AS FURTHER MODIFIED BY
RESOLUTION 4-ZAB-278-87 PASSED AND ADOPTED BY
THE ZONING APPEALS BOARD ON THE 29TM DAY OF
JULY, 1987, ONLY AS IT APPLIES TO THE SUBJECT
PROPERTY, TO PROVIDE THE NEW PLAN OF
DEVELOPMENT; APPROVING A MODIFICATION OF
RESOLUTION NO. 4-ZAB-278-87 REQUIRING 1.25
PARKING SPACES PER UNIT WHERE A PROVISION OF
1.07 PARKING SPACES PER UNIT IS PROPOSED;
GRANTING A SPECIAL EXCEPTION TO PERMIT A
MULTI-FAMILY DEVELOPMENT FOR THE ELDERLY;
GRANTING AN UNUSUAL USE TO PERMIT A HOME FOR
THE AGED; GRANTING AN UNUSUAL USE TO PERMIT
A NURSING HOME; GRANTING AN UNUSUAL USE TO
PERMIT AN ENTRANCE FEATURE AND MORE
SPECIFICALLY, A GUARDHOUSE FOR PROPERTY
LOCATED AT THE NORTHEAST CORNER OF WEST
COUNTRY CLUB DRIVE AND THE WILLIAM LEHMAN
CAUSEWAY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned RU-4A, Hotel Apartment
House District; and
WHEREAS, the Applicant, CC-Aventura, Inc., through Application No. 01-MA-
98, has applied for the following:
1) Special Exception to permit a multi-family development for the elderly.
2) Unusual Use to permit a home for the aged.
Resolution No. 98-
Page 2
3) Unusual Use to permit a nursing home.
4) Unusual Use to permit an entrance feature and more specifically, a guardhouse.
5) Modification of Condition #2 of Resolution Z-50-69 passed and adopted by the
Board of County Commissioners on the 20th day of February, 1969, as further
modified by Resolution 4-ZAB-278-87 passed and adopted by the Zoning Appeals
Board on the 29th day of July, 1987, only as it applies to the subject property, to
provide the new plan of development.
6) Modification of Resolution No. 4-ZAB-278-87 requiring 1.25 parking spaces per unit.
(Provision of 1.07 parking spaces per unit is proposed).
7) Deletion of previously approved plans and development conditions as provided by
Resolution No. 4-ZAB-95-89.
on that certain property at the northeast corner of West Country Club Drive and the
William Lehman Causeway in Aventura, Florida as legally described on Exhibit #1
attached hereto; and
WHEREAS, the Community Development Department recommends approval of
these requests subject to conditions; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein.
Resolution No, 98-
Page 3
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Deletion of previously approved plans and development conditions
as provided by Resolution No. 4-ZAB-95-89 is hereby granted.
Section 2. Modification of Condition #2 of Resolution Z-50-69 passed and
adopted by the Board of County Commissioners on the 20th day of February, 1969, as
further modified by Resolution 4-ZAB-278-87 passed and adopted by the Zoning
Appeals Board on the 29th day of July, 1987, only as it applies to the subject property,
to provide the new plan of development is hereby granted.
Section 3. Modification of Resolution No. 4-ZAB-278-87 requiring 1.25 parking
spaces per unit where a provision of 1.07 parking spaces per unit is proposed is hereby
granted.
Section 4. A special exception to permit a multi-family development for the
elderly; an unusual use to permit a home for the aged; an unusual use to permit a
nursing home; and an unusual use to permit an entrance feature and more specifically,
a guardhouse are hereby approved Subject to each of the following conditions:
STANDARD CONDITIONS
1. Plans shall substantially comply with those submitted as follows:
Boundary Survey, prepared by Manuel G. Vera and Assoc., Inc., revised dated
12/04/97;
· Cover page, cul-de-sac view, prepared by Mouriz Salazar Architects and Planners;
· Arrival Level View, Sheet 1, prepared by Mouriz Salazar Architects and Planners,
revised date 12/18/97;
Resolution No. 98-
Page 4
· Garage and Site Plan, Sheet 2, prepared by Mouriz Salazar Architects and
Planners, revised date 3/3/98;
· Arrival Level Plan, Sheet 3, prepared by Mouriz Saiazar Architects and Planners,
dated 3/3/98;
· Second Level Plan, Sheet 3a, prepared by Mouriz Salazar Architects and Planners,
revised date 12/18/97;
· Arrival Level Elevation, Sheet 8, prepared by Mouriz Salazar Architects and
Planners, revised date 12/18/97;
· Cul-de-sac Elevation, Sheet 9, prepared by Mouriz Salazar Architects and Planners,
revised date 12/18/97;
· Golf Course Elevation, Sheet 10, prepared by Mouriz Salazar Architects and
Planners, revised date 12/18/97;
· Conceptual Landscape/Site Plan, Sheet L-l, prepared by Corral-Howard
Collaborative, revised date 3-6-98;
· Conceptual Site Paving Plan, Sheet L-2, prepared by Corral-Howard Collaborative,
revised date 3/9/98
2. Applicant shall obtain building permits within 36 months of the date of this
Resolution or the multiple approvals granted shall be deemed null and void and the
applicant shall be required to reinstate the public hearing approval process unless
the term is extended by a motion of the City Commission prior to its expiration.
3. Applicant shall commence utilization of the approvals granted within 36 months of
the date of this Resolution or the approvals granted shall be deemed null and void
unless the term is extended by a motion of the City Commission prior to its
expiration.
PROJECT SPECIFIC CONDITIONS
1. A 'Right Turn Only' sign shall be placed at the exit driveway at the property line at
West Country Club Drive and shall be shown on building permit plans prior to
issuance of the building permit for the facility. The applicant shall be permitted to
Resolution No. 98-
Page 5
submit traffic data, after initiation of the operation of the project, seeking
administrative modification of this condition.
2. A 'No U Turn' sign shall be placed northbound on West Country Club Drive at the
first median cut north of the driveway of the project, prior to the issuance of the
building permit for the facility.
3. Upon evaluation of the request to Miami-Dade Transit Authority (MDTA), the
applicant shall provide evidence of MDTA support or non-support of a northbound
bus lane on West Country Club Drive at William Lehman Causeway. Such
recommendations, if any, shall be completed by the applicant, prior to final
Certificate of Occupancy for the facility.
Section 4. 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 5. This Resolution shall become effective
adoption.
The foregoing Resolution was offered by Commissioner
moved its adoption. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
immediately upon its
, who
Resolution No. 98-
Page 6
PASSED AND ADOPTED this 17th day of March, 1998.
ATTEST:
Arthur I. Snyder, Mayor
Teresa M. Smith, CMC, City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
CITY A'I-rORNEY
This Resolution was filed in the Office of the City Clerk this __
day of
,1998.
CITY CLERK
DESCRIPTION
A PORTION OF TRACT "HH" OF "1~11' lt'l ADDITION BISCAYNE YACHT AND
COUN ! KY CLUB", ACCORDING TO THE pLAT THEREOF AS RECORDED IN PLAT
BOOK 99, AT PAG~ 20, OF ~ PUBLIC RECORDS OF DADE COUNTY, FLORIX)A.
BEI~IG DESCKIBED AS FOLI.~W~ ~
BEGINNING AT THE S.E.CORNfi-~ OF SAID TRACT "HH"; THENCE S 74 02'45' W,
ALONG THE SOUTH ~ OF SAID TRACT "HH" FOR 92.47 FF,.ET; THENCE
S 78 09'37' W FOR 34~.43 Pt~t TO A POINT ON THF. ARC OF A CURVE CONCAVE TO
THE NORTHWEST, SAID POI~IT BEARS S 15 5T15" E FKOM TI-{E ~ tl:.K OF SA.K)
CURVE; THENCE SOLrI'HWE~-i',~a~LY, ALONG ~ ARC OF SAID CURVE TO
RIGHT, HAVING A KADIUS OF 5569.$8 FEET AND A CENTRAL ANGLE OF
I 16'2g' FOR AN ARC DISTANCE OF 123.~9 FEET TO A POINT ON THE ARC OF A
CURVE CONCAVE TO TH~ NOK~, SAID poi]nfl' BEARS S 45 05'41' W FROM
THE CENTER OF SAID CURVE; THENCE NORTHWE~-I~Y, ALONG THE AKC OF
SAID CURVE TO THE RI(tH'r, HAVING A RADIUS OF 50.00 FEL~ AND A CENTRAL
ANGLE OF 35 lg'51' FOK AN ARC DISTANCE OF 30.82 FEET TO A POINT OF
REVERSE CURVATURE; THENCE CONTINUE NORTHWE~'I]r-.t~Y, ALONG THE AEC
OF SAID CURVE TO TH~ Lt~ t, HAVINO A RADIUS OF 1421.14 FEET AND A
(2IaHTR,AL AN(3LF. OF $ 40'49' FO~ AN ARC DLqTANC~ OF 215.30 t-P.J= 1 TO A POINT
OF REYtfl~ CURVATURE; TH]~K~ NORTHWF. STI~Y, ALONG THE ARC OF SAID
CURVE TO TH~ RIGHT, HAVING A RADIUS OF 4510.66 FEET AND A CEhfTRAL
ANGLE OF 0 24'(F9" FOR AN ARC DISTANCE OF 31.69 FEET; THENCE N 58 55'12" E
FOR 422.48 I-~!~1' TO A POINT ON THE ARC OF A CURVE CONCAVE TO THE
NORTHEAST SAID POINT BF_.ARS S 40 33~)I' W FP`OM TH~ CEN 1p. al. OF SAID CURVE.
THEN~ SOLrI'HEAS'I ~Y, ALONG THE ARC OF SAID CURVE TO THE
HAVING A KADXUS OF 790.00 l-l=lal AND A CE1N l~OkL ANGLE OF 16 $6'02' FOE AN
AEC DISTANCE OF 233.49 ~-..~1; THENCE S 15 5T15" E FOP- 24000 PP2bl' TO THE
POINT OF BEGIJ~NING ~ LAST TWO (2) COURSES BEING ALONG THE
BOUNDARY OF SAID TRACT
CONTAINING 188033.08 SQUARE I,~'1 MORE OR LESS OR, 432 ACRES MOPE OR
LESS
EXHIBIT #1
MINUTES
CITY COUNCIL MEETING
TUESDAY, MARCH 3, 1998 6:00 P.M.
Columbia Aventura Medical Arts Building
21110 Biscayne Boulevard Suite 101
Aventura, Florida
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Vice Mayor Jay R. Beskin. Present were Councilmembers Arthur Berger, Ken
Cohen, Harry Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor
Beskin, Mayor Arthur I. Snyder (arrived at 6:15 p.m.), City Manager Eric M. Soroka,
City Clerk Teresa M. Smith, and City Attorney Richard Jay Weiss. As a quorum was
determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Mr. Erickson led the pledge of allegiance.
3. ZONING HEARINGS - SPECIALLY SET BY COUNCIl- FOR 6 P.M.
Ex-parte communications by Council, if any, were disclosed and filed with the City
Clerk in accordance with Ordinance 96-09. All witnesses giving testimony in this
hearing were sworn in by the City Clerk.
Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA MODIFYING A PREVIOUS RESOLUTION
WHICH GRANTED A USE VARIANCE AND TWO (2) NON-USE
VARIANCES TO AVENTURA'S FINEST HAND CAR WASH, INC. FOR
PROPERTY LOCATED AT 2890 NE 187 STREET; PROVIDING FOR AN
EXTENSION OF CONDITION 4E REQUIRING THE INSTALLATION OF
THE DEPARTMENT OF ENVIRONMENTAL RESOURCES
MANAGEMENT (DERM) REQUIRED IMPROVEMENTS WITHIN 180
DAYS OF THE INITIAL RESOLUTION; PROVIDING AN EFFECTIVE
DATE.
Mr. Soroka explained the request of the applicant. Vice Mayor Beskin opened the
public hearing. The following individual addressed Council: Michael Snyder, Esq.,
20803 Biscayne Boulevard. There being no further speakers, the public hearing was
closed. A motion for approval was offered by Councilmember Perlow and seconded
by Councilmember Rogers-Libert. The motion for approval passed 4-2, with
Councilmembers Rogers-Libert, Holzberg, Perlow and Vice Mayor Beskin voting yes
and Councilmembers Berger and Cohen voting no. Resolution No, 98-24 was
adopted.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the February 17,
1998 Council Meeting and February 20, 1998 Workshop Meeting was offered by
Councilmember Berger and seconded by Councilmember Cohen. A motion to
amend item 7.G. of the February 17, 1998 minutes to provide that Councilmember
Rogers-Libert suggested the City Manager inquire as to Miami-Dade County's
utilization of a similar program and its feasibility for implementation by the City was
offered by Councilmember Rogers-Libert, seconded by Councilmember Perlow and
unanimousy passed. The motion for approval, as amended, passed unanimously.
5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None
6. SPECIAL PRESENTATIONS: None.
7. CONSENT AGENDA: Councilmember Holzberg requested removal of item 7.C.
from the Consent Agenda.
A motion to approve the Consent Agenda was offered by Councilmember Rogers-
Libert, seconded by Councilmember Cohen, unanimously passed and the following
action was taken:
Mr. Weiss read the following ordinance by title which was passed on first
reading:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 97-25, WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 1997/98 FISCAL YEAR
BY REVISING THE 1997/98 FISCAL YEAR OPERATING AND CAPITAL
BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE;
PROVIDING FOR AN EFFECTIVE DATE.
B. Resolution No. 98-25 was adopted as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, SELECTING C.A.P. ENGINEERING
2
CONSULTANTS INC. TO PERFORM BUILDING, PUBLIC WORKS AND
ENGINEERING INSPECTION AND PLAN REVIEW SERVICES;
AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS
AND FEES FOR SAID WORK; AND PROVIDING AN EFFECTIVE
DATE.
The following item was removed from the Consent Agenda and addressed
separately:
Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE
ATTACHED CHANGE ORDER FOR BID NO. 97-9-30-2, AVENTURA
BOULEVARD STREETSCAPE AND BISCAYNE BOULEVARD
NORTHERN MEDIAN, BY AND BETWEEN THE CITY AND ViLA & SON
LANDSCAPING CORPORATION; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THiS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Beskin, seconded by
Councilmember Rogers-Libert, unanimously passed and Resolution No. 98-26 was
adopted.
PUBLIC HEARINGS: ORDINANCES - FIRST READING
Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
EXTENDING THE DURATION OF THE EXISTING BUILDING
MORATORIUM ON ISSUANCE OF DEVELOPMENT ORDERS AND
DEVELOPMENT PERMITS WITHIN THE MARINA AREA AND THE
HOSPITAL AREA, AS PREVIOUSLY IMPOSED PURSUANT TO
ORDINANCE NO. 97-22 OF THE CITY OF AVENTURA; BY AMENDING
SECTION 8 "TERM" OF ORDINANCE NO. 97-22 TO PROVIDE FOR
EXTENSION OF SUCH MORATORIUM, SO AS TO ENABLE CITY'S
COMPREHENSIVE PLAN TO BE COMPLETED AND IMPLEMENTED;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
Mayor Snyder opened the public hearing. There being no speakers, the public
hearing was closed. A motion for approval was offered by Vice Mayor Beskin, and
seconded by Councilmember Cohen. A motion to amend the ordinance to provide
that the term of the moratorium be until November 1, 1998 was offered by
3
Councilmember Perlow, seconded by Councilmember Rogers-Libed and
unanimously approved. The motion for approval, as amended, was unanimously
passed by roll call vote.
PUBLIC HEARINGS: - ORDINANCES - SECOND READING
Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 97-25, WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 1997/98 FISCAL YEAR
BY REVISING THE 1997/98 FISCAL YEAR OPERATING AND CAPITAL
BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE;
PROVIDING FOR AN EFFECTIVE DATE
Mayor Snyder opened the public hearing. There being no speakers, the public
hearing was closed. A motion for approval was offered by Councilmember Rogers-
Libert, seconded by Councilmember Cohen, unanimously passed by roll call vote
and Ordinance No. 98-07 was enacted.
10. OTHER BUSINESS:
REPORT ON CHABAD HOUSE OF NORTH DADE (City Manager). Mr.
Soroka updated Council as to the progress of this project and discussion
ensued.
REPORT AND POSSIBLE ACTION RE: NON-RESIDENT FEE POLICY
FOR AVENTURA FOUNDERS PARK (City Manager) Mr. Soroka
presented recommendations to Council as requested concerning
amendment of the current ordinance as to fees imposed for non-residents
for use of Founders Park. A motion to approve policy 3.A as presented by
the Manager with the inclusion of guardhouses was offered by
Councilmember Rogers-Libert and seconded by Vice Mayor Beskin. The
motion passed 4-3, with Councilmembers Cohen, Rogers-Libert, Holzberg
and Vice Mayor Beskin voting yes and Councilmembers Berger, Perlow
and Mayor Snyder voting no.
11. REPORTS: As submitted.
A motion was made, seconded and passed to direct the City Attorney to review the
issue of Council regulating tattoo parlors.
4
12. PUBLIC COMMENTS: The following individuals addressed Council: Leonard
Geller, Commodore Plaza; Lionel Socolov, Mystic Point; Edith Lehrman, Del Prado
Apartments; Marian Nesbitt, 20185 W. Country Club Drive; Ann Shear, Admirals
Port; Joy Greenberg, Admirals Port; Ginger Grossman, W. Country Club Drive; and
Sydell Schwartz, Waterview.
Staff was directed to prepare a resolution urging the Miami-Dade County School
Board to continue funding educational classes for senior citizens as have been
conducted in past years at various condominiums within the City.
13.ADJOURNMENT. There being no further business to come before Council at this
time, after motion made, seconded and unanimously passed, the meeting adjourned
at 7:45 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 matter considered at a
meeting or hearing will need a record of the proceedings and, for such purpose, m ay need to ensure that a
verbatim record of the proceedings if made, which record includes the testimony and evidence upon which
the appeal is to be based.
5
CITY OF AVENTURA
OFFICE OFTHECITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Commission y~~
Eric M. Soroka, Cit r
March 13, 1998
Resolution Amending Building Permit Fees to Decrease
the Fee for the Replacement of Hot Water Heaters
March 17, 1998 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution, which
decreases the building permit fees for the installation of water heaters. The fee
reduction is $65.00 compared to the current fee amount.
BACKGROUND
At the Town Hall Meeting held in January, one of the concerns raised by residents at
the meeting was the cost of the permit for the replacement of hot water heaters.
Upon review of this matter, we can recommend a reduction in the fee from $105.00 to
$50.00 and still recover the costs of providing services.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0526-98
RESOLUTION NO. 98-__
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AMENDING
RESOLUTION 96-38 WHICH DID ADOPT A FEE
SCHEDULE FOR BUILDING PERMITS; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY
TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 96-22, the City Commission is
authorized to provide a fee schedule for building permit fees; and
WHEREAS, the City Commission adopted Resolution No. 96-38 which did
establish the fee schedule for building permit fees provided by the City; and
WHEREAS, it is recommended that the fee for hot water heater installation
permits be reduced to coincide with actual costs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The fee schedule for building permits adopted by Resolution No.
96-38 is hereby amended as follows:
C. PLUMBING PERMITS FEES
6. WATER PIPING:
Heater $50.00
Hot Water
Replacement
Resolution No. 98-__
Page 2
Section 2. The City Manager is hereby authorized 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 Commissioner , who
moved its adoption. The motion was seconded by Commissioner , and
upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 17th day.of March, 1998.
ATTEST:
Arthur I. Snyder, Mayor
Teresa M. Smith, CMC, City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Commission g~.~
Eric M. Soroka, Git
March 11, 1998
Proposed Modification to Police Station Lease To extend Term of
the Lease
March 17, 1998 City Council Meeting Agenda Item /? '~;~
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution, which
authorizes the execution of a proposed modification to the Police Station Lease to
extend the term of the lease from February 1999 up to an additional thirteen (13)
months.
BACKGROUND
At the time the City entered into the lease agreement for Unit 2960A in the Aventura
Shopping Center for the Police Station, only a 27-month lease was available. The
lease is set to expire in February 1999.
As you are aware, the new Police Station is scheduled to open in November 1999.
Therefore, we requested a lease extension, which allows the City to extend the lease
up to 13 months. This will provide more adequate time to make a smooth transition
between the two facilities. All other terms of the lease remain the same.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0522-98
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED FIRST
MODIFICATION OF SHOPPING CENTER LEASE
AGREEMENT DATED DECEMBER 1, 1996 FOR THE
POLICE STATION OPERATIONS; AND PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
First Modification of Shopping Center Lease Agreement dated December 1, 1996 for
the police station operations by increasing the term of said lease.
Section 2. This Resolution shall
adoption.
The foregoing Resolution was offered by
adoption. The motion was seconded by
put to a vote, the vote was as follows:
become effective immediately upon its
who moved its
, and upon being
Vice Mayor Jay Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey Perlow
Commissioner Patricia Rogers-Libert
Commissioner Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED this __ day of March, 1998.
Resolution No.
Page 2
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tins
FIRST MODIFICATION OF SHOPPING CENTER AGREEMENT
THiS FIRST MODIFICATION TO cEASE AGREEMENT, made as of this __ day of
, 199 , by and between RRC EL FIVE, INC., a Florida corporation, (hereinaffer
%andlord') and THE CITY OF AVENTURA, a Florida municipal corporation (hereinafter ~Tenant~).
WITNESSETH: That,
WHEREAS, Landlord and Tenant are parties to that certain Shopping Center Lease dated
November 26, 1996 covering certain premises (Unit 2960A, 5,200 square feet) in the Aventura
Shopping Center Joca[ed in Aventura, Florida (herein the "Lease'); and,
WHEREAS, Landlord and Tenant wish to modify certain terms of the Lease effective as of
December 1, 1997.
NOW THEREFORE, in exchange for the mutual covenants and promises contained herein
and for other valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Landlord and Tenant agree as fo!tows:
The above recitals are hereby confirmed as true and correct and are reaffirmed
herein.
2 Addendum to Lease is hereby modified by adding the following article: 'Article
51 ~ Option to Extend Tenant shatl have the option, exercisable by written notice
to Landlord, by certified mail, given not later than four (4) months prior to the
expiration of the initial Term, to extend the Lease for a further term of up to
thirteen (13) months on the same terms and conditions as provided in the Lease,
except that:
(a) Landlord shall have no obligation to make any improvements to the Premises;
(b) Minimum Annual Rent for the extended term shall be as set forth below:
Months $ Per Square Foot Per Annum
1 -13 $16.00
and
(c( There shall be no option to further extend the term.
The option to extend shall not be available to any assignee of Tenant (whether or not
permitted by the terms of the Lease) and may not be exercised if an event of default
exists or has existed during the Term of the Lease.
Nol~vlthstanding the foregoing, this Option to Extend the Lease shall be deemed null
and void if one or more of the following has occurred:
(1) Tenant has been late in the payment of rent e3 three (3) or more occasions within
any b~velve (12) month period. For this purpose, a payment shall be deemed to be
late if it is received by Landlord after the second day of the month in which such
rent is due.
(2( Tenant is in default in the performance of any of its obligations under the Lease.
(3) Tenant has failed to give ',vritten notic~ by certifiad mail to Landlord four (4)
months prior to the expiration of the initial term.
(4) The Lease has ever been assigned."
Notwithstanding contained herein to the contrary, and simultaneously to Tenant's
notice of it's intend to exercise it's option, Tenant shall noti~ Landlord the length of
time that Tenant intends to extend the Lease term which extension may be up to 13
months and execute an agreement setting forth the time frame of the extended term.
3. Tenant hereby acknowledges that the Lease as modified is in full force and effect and
there are no violations or defaults under any of the provisions of the Lease on the part of
the Tenant.
4. In the event of conflict between the terms and conditions of this First Modification to
Lease Agreement and the Lease, this First Modification To Lease Agreement shall
control.
IN WITNESS WHEREOF, the parties have executed these presents as of the day and year
first above writter~,
Signed, sealed and delivered in the
presence of:
LANDLORD: RRC FL FIVE, INC.,
a Florida corporation
Its: Managing Director
TENANT:
By:
THE CITY OF AVENTURA,
a F~orida municipal corporation
Print Title:
Dated as to Tenant:
CITY OF AVENTURA
OFFICE OF THE CITY CLERK
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Commission ,~/
March 13, 1998
Certification of Results of Municipal Special Election
March 17, 1998 City Commission Agenda Item
Recommendation
It is recommended that the City Commission adopt the attached Resolution which
adopts the results of the Municipal Special Election held on March 10, 1998.
Backqround
Ordinance No. 98-03 provides that the City Clerk shall canvass election results with the
assistance of the Dade County Supervisor of Elections and that the City Clerk shall
present a cedification of election results to the City Commission at the first meeting of
the Commission following the election. Accordingly, the City Clerk has certified the
results of the election, which results are attached hereto.
Should you have any questions, please call me.
EMS/tms
attachment
RESOLUTION NO. 98-._
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA ACCEPTING AND
ADOPTING THE ELECTON RESULTS OF THE MARCH
10, 1998 MUNICIPAL SPECIAL ELECTION, AS
CERTIFIED BY THE CITY CLERK AND ATTACHED
HERETO; PROVIDING AN EFFECTIVE DATE.
WHEREAS, on March 10, 1998, a Municipal Special Election was held in the
City of Aventura; and
WHEREAS, Ordinance No. 98-03 provides that the City Clerk shall canvass
elections returns and present a certification of election results to the City Commission
at the first meeting of the Commission following the election; and
WHEREAS, the City Clerk has canvassed and certified the election results and
this Commission wishes to adopt the election results as certified by the City Clerk.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The results of the March 10, 1998 Municipal Special Election, as
certified by the City Clerk and attached hereto, indicating that each of the eight (8)
Charter amendment
adopted.
Section 2.
measures have been approved by the electors, are hereby
This Resolution shall become effective immediately upon its
adoption.
Resolution No. 98-__
Page 2
The foregoing Resolution was offered by Commissioner
moved its adoption. The motion was seconded by Commissioner
upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 17th day of March, 1998.
and
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
GOVERNMENT CENTER
2999 N.E. 1915T STREET
SUITE SO0
AVENTURA~FLORIDA 33180
CERTIFICATION
ARTHUR BERGER
HARRY HOLZBERG
PATRICIA ROGERS-LIBERT
JEFFREY M. PERLOW
I, TERESA M. SMITH, CMC, DULY APPOINTED CITY CLERK OF THE CITY
OF AVENTURA, FLORIDA, DO HEREBY CERTIFY THAT THE ATTACHED IS A
TRUE AND CORRECT COPY OF THE PRECINCT COUNT OF THE VOTES CAST IN
THE MUNICIPAL SPECIAL ELECTION HELD ON MARCH 10, 1998 IN THE CITY OF
AVENTURA.
WITNESS MY HAND AND OFFICIAL SEAL AT AVENTURA, MIAMI-DADE
COUNTY, FLORIDA, THIS 11TM DAY OF MARCH, 1998.
TERESA M. SMITH, CMC '~
CITY CLERK
CITY OF AVENTURA, FLORIDA
PHONE: 305-466-8900 ' FAX: 305-466-8939
METROPOLITAN DADE COUNTY, FLORIDA
METRO-DADE CENTER
OFFICE OF THE SUPERVISOR OF ELECTIONS
SUITE 1910
111 N,W. 15t STREET
MIAMI, FLORIDA 33128-1962
(305) 375-5553
Mailing Address:
P O. Box 012241
Miami, Florida 33101 2241
ELECTION:
CITY OF AVENTURA SPECIAL ELECTION
DATE OF ELECTION:
March 10, 1998
CERTIFICATION OF ELECTION TABULATION
I, the undersigned, Teresa Smith , Clerk of City of Aventura , Florida, do, by my
signature hereto, certify that to the best of my knowledge:
l. On March 10, 1998 , commencing at approximately i the Dade County Supervisor
of Elections representative had the tabulating equipment tested to ascertain that the equipment will
correctly count the votes cast for the candidates and/or issues, which have been voted on in the
City of Aventura Special Election, held on March 10, 1998
2. The testing materials of the Public Test, delivered still under Seal No. ''] ~.! ~ L~5~]opened in my
presence, were used and the procedures of Paragraph Two, Certification of Logic and Accuracy were
followed.
3. At the completion of the above test, all ballots cast in the above election were counted. Steps
have been taken to insure the security of said materials prior to, during and subsequent to the election,
except when said materials were properly in the possession of the Elections Department staff appointed to
conduct the election.
4. Except as otherwise specifically set forth and declared in this certification, in my presence and
sight, no ballot card was removed from or added to any ballot card container, ballot tray or other
segregation of ballots, and no ballot card was in any manner altered or tampered with by any person, and
no person touched any ballot card container, ballot card tray or ballot card, except a person authorized to
do so pursuant to Section 101.5612, Florida Statutes.
5. At the completion of the ballot count, the automatic tabulating equipment was again tested to
ascertain that the equipment correctly counted the votes cast for the candidates and/or issues.
6. Stored/in a container(s), sealed, dated and signed by me, were placed the voted ballots [ ~ ]}
voided ballots [V ], Logic and Accuracy reports [ v~]- precinct header(s) [v ], diskette [ ~] and test ballots
[~. The sealed container(s) was/were delivered to the undersigned and placed in my custody.
Signature of Municipal Clerk
"Dat~
PFqEC]:IqCYT 0102 Page :L
08:04pm Mau" 10 1998
CITY OF:' ~glii:I'.tTUF~
SF'IEC IAL. E:I...E:CT I ON
MARCH 10~
CITY OF AVENTURA
R:eg :i. ste red Voters
Ballots Cast
CHARTER AME:NDMIEhlT
AF'F:'OINTMIENT OF:' VICE MAYOR
(244) YES
(245) NC)
CHARTER
FIL. L. INC;
(256)
(257)
AMENDMENT
A VACANCY OF:'FZCE OF:' MAYOR
YES
NO
CHAIr('fER AMEN])ME;NT
FIL.I...INC) A VACANCY COUNCILMEMBI!~R
( 267 ) YE:,S
(268) IqO
CHAI=<TER AlqlENDMIENT
CITY I"IAIqAGE.':I:~'S BOND
(27'?) I'IC)
(]HARTER AMIENDMENT
REVISIOIq OF GENERAl... IELE.']CTION I)ATE
FOR MAYOR AND COUNCIL
( 2.85 ) YE,S
(286) NO
CHARTER AMENDMENT
REVIS:I:OIq OF COMME],tCEHENT DATE OF
TERMS OF MAYOI:~ AND COUNCIL
(292) YES
(293) NO
CHARTER AMENDMIENT
CODE OF' ETHICS
( 30:L ) YE:,S
(;~02) NC)
CHAR'TER AMEENDMENT
DES:£GNATION OF:' GOVERN:lNG BODY
AND ITS MEMBE:RS
(310) YIES
(~:L :1. ) NO
:L , 548
59
( 244 ) 3;8
( 245 ) 20
;~. 81%
65.52%
34.48%
(256) 47
(257) 9 :L6.07%
(267) 49 85.96%
(268) 8 14.04%
(276) 51 89.47%
(277) 6 1()..53%
( 285 ) 38 67.86%'
(286) :LB 32. :1. 4;'4
(292) 42 76.36%
(293) 13 23.64%
(30:L) 49 85..96%
(302) 8 14,04%
(3:L0) 46) 85.71%
(311) 8 14 ,, 29-"~
I='Rii!X:]],ICT 0103 F:'agc~ 1
08:04. pm Mar 10 1~98
CITY OF:' AVE]'ITLJF;:A
SF'Iii:C I Al...
MARCH 10, .1.998
CITY OF' AVE]'ITURA
Registered Voters
Ba], lo'ks Cast
CHARI'EF;~ AMENDHENT
APF:'OIN'TMEN'lf' OF= VICI.'".'] MAYOR
( 24,r~ ) YEXS
(2.45) I.I0
CHARTER AMEN]PI'lENT
F]:L.LIIIG Ar VACANCY OF:'FICE OF MAYOR
(256)
(257) HO
CI"iAF;fI'E:F;~ AMENDMIENT
F-II...I...]:NG A VACAI'ICY COLJI-IC]:LMEMBER
(2.67) YE:S
(268) NC)
CHARTER AMENDMENT
CITY MAI'JAGER'S BOND
( 276 ) YE,S
(277) NO
CHARTER AMENDME:NT
REV:[S:I:OI.I OF' GE:I'IE:RAL, EL. ECTION DATE
FOF;-: MAYOR AND COUNCIL
( ~':t85 ) Yli!X3
(286) NO
CHARTER AMENDMENT
REV:[S]:OI'I (::il::' C'.C)MME:HC;EMIZNT DATE OF
TE:F;~MS OF:' MAYC)F;: AND COUNCIL
(29;~) YES
(29:3) NO
CHARTE£F.: AMIENDHEPIT
CODE 01= ETHICS
(301) YE,S
(302) I,lO
CHAR'I"ER AI"IENDMI!~.NT
DES:EGI--IATIC)H 01:: GOVE:RH:t:I,;Ci BODY
ANI) ITS MEMBERS
( 3 JX) ) YE,S
( 311 ) Nil)
4,419
222
( 244 ) 13 :L
( 245 ) 80
5.02-'-.'
62.09-%
(256) 173 8 :L. 99-'-.'
(257) 38 :LB. 01-'-:
( 267 ) 170 84 ,, 58%
( 268 ) 31 t 5 ,, 42-'-.'
( 276 ) 188 88 ,, 68%
( 277 ) i'.-'.4 :L 1 ,, 52%
( 285 ) :L 60
( 206 ) 50
(292) :L56
(29~) 55
76.19%
2~,,81%
73.93%
26.07%
( ~)01 ) 190 88 ,, 79%
(302) 24 11.2:L;~
(3:I. 0) :L69
( 31 :L ) 43
· 79., 72%
20 ,, 28%
Pt:~EC ]:NC'T' 0:L09 [::'age
08:04pm MaF' :1.0:1.998
CI'T'Y OF:' AVI!i]g'T'LJRA
Sl::qi!:C I AL IEI...IECT ]: ON
MAF',:CH 10, 1998
CITY OF:' AVENTURA
Registered Voters
Ballots Cast
£)HARTER AMENDHI!!:I~T
AF'PO]:HTHI~]q'I' OF:' VICE: MAYOR
(244) YES
(245) NO
CHARTER AMENDMEI',iT
FII...LING ~ VACAMC~Y OI::'FICE OF MAYOR
(256) YE:,S
(257) NO
CHARTER AMENDMIENT
FIL.L. ING A VACAI'-ICY COUIqCIL. MEMBER
( 2.67 ) YE,S
(268) I,I0
CHARTER AMENDMIENT
CI'TY MAIqAGER'S BOND
(276) YES
(2.77) NO
CHARTER AME NDI"Ili::I,IT
REV:[Si'ON OF GEI',IE:RAI... EI_ECI':I:ON DATE
FOR MAYOR AND COUNCIL
(285) YE,S
(286) NC)
CHARTER AMIENDMENT
REVIS]:C)I'I OF CC)MHENCEMI."i:NT ]DATE OF
TERM8 C)F I¥1AYOF~ AND COUI-IC:TL
( 292 ) YE,S
(29:.3) NO
CHAR'FER AME:NDMENT
CODE OF:' ETH]:CS
( 301 ) YE,S
{ 502. ) 1,10
CHAIRTEF~ AMIEIgDMEFIT
DES:[GNATIOI,I 01::' GOVERNING BODY
AND ITS MEMBE:RS
( 310 ) YES
(31 1 ) NO
(244)
(245)
(256)
(257)
(267)
(268)
(276)
(277)
( 285 )
( 286 )
(292)
(2~)
( 30:1. )
( 302 )
(510)
(3:1. :1. )
2,546
89
55
30
65
:1.8
66
:1.7
66
:1. 4
54
28
65
2 :L
67
:1. 7
62
2 :L
3 ,, 50%
64.71%
35., 29;-:
78 ,, 5 :L -".'
21.69%
79 ,, 52%
20 ,, 48%
82.50%
:1.7 ,. 50%
65 .. 85;'.'
34.15%
75 ,, 58%
24 ,,
79,,76%
20.24%
74.70%
25.30%
08:04pm Mar 10 1998
,I ¥ ~ OF:' AVI::.IIfUi,.A
· .:.I L.C..AL. E]...IECT]X)N
MARCH 10, 1998
CITY 01::' AVE]qTURA
I:;:eg :L ':s't:e r ed Vo't.e r ~i
Ba].lots
CHAIr(TER AMENDFIENT
AF'F:'OINTME. Iql' OF VICE MAYOR
(244) YES
(24',")) NO
CHARTER AMIENDI~IIENT
FIL..LING A VACANCY OFF:'[CE OF MAYOR
(256) YES
(257) I,t0
CHAFi:TER AMENDMENT
FILI...IIqG A VACANCY COUNCIi...MEMBER
( 2.67 )
(268) IqO
CFIAF;:TER AFIENDMENT
CITY MAI'-IAGER'S BOND
(276) YE]i;
(277) NO
CHARTFR AMIENDMIENT
RE:VISION 01::' GEIqlEF;~AI_ lii]_EC'¥'IOM DA'rE
FOR MAYOR AND CouIqCIL
( 2.85 ) YIE,S
(286) bio
CFIAI:'(TE:R AMENDNENT
RE:V]:SIC)N OF C;OMMENCE]"IENT DATIE OF
TE:RMS C)F:' MAYC)I:~ AN][) COUNCIL
(292) YES
(29:.S) bio
CFIARTER AMENDI"ItENT
CODE OF' ETHICS
(301) YIES
(302) MO
CHAR'f'EF;: AMENDMENT
DESIGNATIC)I'-I C)F:' GOVERNING BODY
AND ITS MEMBIERS
(3:1.0) YIES
(311) I',10
2,566
146
( 2.44 ) 92
'~ ':~ 42
(.~...k.)
(.<.,. 6) 114
( ~:, 7 ) 2.0
.I. 1 ,.
( 267 ) .... '.
( 2.68 ) 2.3
85 ,, 07%
14., 93;.4
16., 677.'
( 276 ) 126 91. ,.~0-~.
( 277 ) :L2. 8.7'0%
( 285 ) I O, 77 ,, 78=-;
( 286 ) ,.:.0 ":'":' '"'"'"'
(292) 112 80.00-%'
( 293 ) 28 20. () 0-".'
(,) .).1. ) 121 8b ,. 82-"'.'
( ,: .;~. ) 20 14.18?4
( 3:1. 0 ) :1. 12 81 .. 16%
(3:1. :1. ) Z6 .I. 8., ~..b.
I:'RE[; ]: N[:;T 0112. Page
O8:04pm Mar 1.0 :L998
CZTY 01::' AVIEIq'¥'LJFi'A
SI::'IEC ]: Al... IEI...IE C ]" ]: ON
MARCH 10, 1998
CITY 01::' AVENTURA
Registered Voters
Ballots Cas-I:.
CI-IARTER Ai"IIENDHENT
AF'F:'O]]-.I]'T~IEI.r¥ 01::' VICE MAYOR
(244) YES
(245) NO
CHARTER AMENDMENT
FII...L]:NG A VACAI.ICY OF:'I::']:(;E (:IF' MAYOR
(256) YES
(257) NO
CHARTER AMENDMENT
FII...L. ING A VACANCY COLJNCIi...MEMBER
(267) YES
(268) 1,10
CHARTER AMENDrqENT
CITY MANAGER'S BOND
( 276 )
(277) NO
CI~ARTER AMENDI~IENT
REVIS]:(]Iq 01::' GIii]qlEFi:AI... IEI...ECT:I;OI~I DATE
FOR MAYOR AND COUI,ICIL
(285) YES
(286) I,t0
[;HARTEF~ AMENDMIENT
REVIS.'I:ON ELF:' C'OMI1EI,ICF-:]"IENT DATE OF
TERHS OF HAYOI:~ AND COUNCIL
( 292 ) YE,S
(2.93) bio
CHARTER AMENDHIENT
CODE OF ETH]:CS
(ill() 1 ) YES
(302) NO
CJ--IAltTEF;.: AMENDMENT
DESIGNAT].'OI,I OF GC)VEF~N]:NG BODY
AND ITS MEMBIERS
(3:1.0) YES
(31:1. )
(244)
(245)
(256)
(257)
(267)
( 268
(276
(277
( 285 )
( 286 )
(292)
(293)
( 301
( 302
(3:1.0
( 311
658
1 10
75
20
83
11
82
14
iii()
12
89
10
83
16.72%
78.95-"-'
21 ,, 05%
88 ,, 30%
11,70-'-.'
90 ,, 82%
9 ,, 18;--'
93 ,, 81 -".'
6.19%
85.42%
14 ,,
86 ,, 96%
13. ()4-"-,:
89 ,, 90;~
10 ,, 10%
86.46-'.'
:l, :fi ,, 54;:
PRI!i:C:[NC'I' 0113 F'age 1
08:04pm Mar 10 :L99~i:~
C:I:'TY OF AVI:I¥¥URA
SI::'EC I AL. Ii:I...EC:T I ON
MARCI-t 10, 1998
CITY 01::' AVEMTURA
Peg:i. stered Voters
Ballots Cast
CHARTER AMENDMENT
APPOZNTMEIqT OF VIC-I:: MAYOR
(244) Yli:S
(245) NO
CHARTER AMENDMENT
FII...L. ZI%~ A VAC;AI'ICY OI=F:I:CE OF MAYOR
(256) YE:S
(257) NO
CHARTEF¢ AHI:NDI~II::NT
FIL.L. II,IG A VACAI,ICY COUI,ICII...HEMBER
(267) Yli:S
(268) 1,10
CHAF(TI::R AMENDMENT
CZTY MANAGER'S BOND
(276) YES
(277) i,10
C:HARTER AME:NDMli:NT
REVISION 01=' GI:NIERAL. EI...E:C"f"I:C~N DATE
FOR MAYOR AND COUNCIL
( 285 ) YE,S
(286) I,IO
CHARTER AMENDHENT
REV:I:S:I:ON OF:' COMMI::I-IC:I:::MEi-IT DATE OF'
TERMS C)F MAYOR AND COUNCIL
(292) YES
(293) NO
CFIA R'I"ER AME:NDMI::NT
tSODE 01::' ETHICS
( 30:1. ) YE:,S
( :.:102 ) NO
CHAR'f'ER AMI:NDMI:NT
DE:SIGNATIOIq 01::' GOVE:RI,I:I:I'IG BODY
AND ITS MEMBERS
(3:t. 0) YES
( 311 ) I,lO
(244)
(245)
(256)
(257)
(267)
(268)
(276)
(277)
(285)
( 286 )
(292)
(29~)
( 30:1. )
( 302 )
(3:I. 0)
( 311 )
993
92
60
25
70
12
75
:L 2
75
8
73
10
74
12
72
10
74
9
9.26%
70.59%
29.41%
85.37-'-.'
:L4.63%
86., 21-".'
:1. 3 .. 79%
90.36%
9 ,, 64%'
87.95-'~
:L 2 ,, 05;.4
86 ,, 05%
:1.3 ,, 95-'~
87 ,, 80%
12 ,, 20%
89 ,, 16%
10 ,, ,94%'
PREX] ]]~ICT A001 Page
08:04pm Mar t0 1998
[;ITY (IF:' AVIiENTUF;~A
SPllii[]~ I Al... EI...EECT liON
MAF'~CH :1.0, 1998
CITY OF:' AVENTURA
Ba].].ots Cast
[;HAR'I"E:R AMENDMli!:HT
AF'I::'OINTME]~I'¥ OF:' VICE MAYOR
(244) YES
(245) NO
CHARTER AMENDMENT
FIL. LING ~ VAC;AI,ICY OI':'FICE OF MAYOR
(256) YES
( 2 5 7 ) N0
CJ"IARTEF~ AMENDMENT
FIL..L]]N['; A VACAiqCY [,~OUNCII...MEMBI'ZR
( 267 ) YE,S
( 26:~3 ) I'.K]
CI"IAR'T'EF;: AI~IliEI'IDMliENT
CITY MAI~IAGE]:~:'S BOND
(276) YES
(277) NO
CHAR'T'ER AME:NDMI!ENT
REVISI[]Iq OF:' GEI~IIiEF;:AI... IEL. EC'I"ION DA'rE
FOR MAYOR AND COUNCIL
(285) YES
(286) NO
[;HAR'II'ER AMENDMENT
REVISIOIq OF [;OMMEI,ICEMlii:N'T' DATE!i OF
TERMS OF MAYOI:( AND COUNCIL
(292) YES
CHARTER AMENDMlii:NT
CODE OF ETHICS
( ~:~0:1. )
(3()i'~) NO
CHAF;:TE:R AME:NDMlii:NT
DES:EGNATIOI"I OF:' G[]Vli::RNING BODY
AND IT,S MEMBERS
( ;!;.l ()) YE,S
(3:1. :L ) I,I0
(244)
(245)
(256)
(257)
(267)
(268)
(276)
(277)
(285)
( 286 )
(292)
(293)
( ;~()1 )
( 302 )
(3:1.0)
( 31:1. )
O
16 ............ ,, '"'-%
7 43,,75%
9 56 ,, 25;-.'
10 66., 67-".'
5 33., 33%
14 :L00,00%'
0 0 ,, 00%'
14 93.33;-.'
1 6 ,, 67-'-.'
:LO 66.67%
5 33.33%
4 26.67%
13 86,,67%
2 :1.3,,33%
:1. 1 84 ,, 62%
2 15 ,, 313%
CUMLJL. AT]:Vlii: ,~5 Page 1
08:071:)m Mar .1.0 1998
CZTY 01:' AVEI,I'¥'UI::~A
,SF:'E'C ]: AL E:L.E'CT ]: ON
MARCH 1()~. 1998
CITY OF AVENT~URA
F:'~-e c:i.n c ts Counted
Al:)se.~ntee F:'rec::i. nc:ts Coun'i:ed
Reg :i.s tered Voters
Ba 1 ].ot~; Cast
CHARTER AMENDMENT
API:'OII,ITMENT OF' VICE MAYOR
(244) YES
(245) NO
CHARTER AMENDMli[NT
F]:I...LING A VACANCY OI::'F:[CE OF:' MAYOR
(256) YES;
(257) NO
CHARTER AMEI~IDMIii:NT
FI1...I_ZIqG A VACANCY COUIqCILMEMi{~IL:R
(267) Ylii:S
(268) NO
CHAF(TER AMEI,1DME:NT
CITY MAI,IAGEF~'S BOND
( 276 ) Ylii:E;
(277) NO
CHARTER AMENDMENT
REVISIOI,I OF GENE]:~:AI... EL. ECT]:OIq DATE
FOR MAYOR AND [:OUNCIL
(285) YES
(286) I,I0
CHARTER AMENDMENT
REV:[Si'C)N C)F:' CC)MMEI,tC'EM[':NT DATE OF
TERMS OF MAYOR AND C:OUNC'IL
(292) YES
(293) NO
CHAt::.:TER AMENDI"IIZNT
CODE OF' E]"t"I]:C$
( :?.;0:1. ) YE,S
(502) NO
CHARTER AMENDMEFFF
DESZGI,IATION OF' GOVERN]:NB BODY
AND ITS ME~IBIERS
(3:1.0) YE:S
(31:L) 1,10
6
:L 2,730
734
458
226
562
113
578
100
6:1. :1.
7:[
522
:L 55
540
:1.45
60:1.
9:L
559
:1.22
100 .. 00%
100.00%
100.00%
5.77%
66.96%
33., 04%
85.26;'.'
:L 6.74%
85.25-".'
14., 75;-.'
89.59%
10 ,. 4 :[%
77 ,, :L0%'
22 ,, 90;~
78.83%
21.17,'-:
86.85,'.'
15.15.'.'.'
82.09%
17 ,, 91%
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Commission ~n~~
Eric M. Soroka, City
March 13, 1998
Comcast Cablevision of Broward, Inc. Cable Television Franchise
Agreement
Ist Reading March 17, 1998 City Commission Meeting Agenda Item
2nd Reading April 7, 1998 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission authorize the execution of the attached
Cable Television Franchise Agreement with Comcast Cablevision of Broward, Inc.
BACKGROUND
As you are aware, the City and Comcast have been negotiating the terms of the subject
agreement for some time. The process was time consuming based on the fact that the
Agreement represented the first Cable Television Franchise to be granted by the City
and the precedent it would establish with future negotiations with other cable providers
in the community. In short, we were very dedicated to obtaining the best possible
Agreement on behalf of the residents of the City that guarantees service and
performance standards. In addition, a great deal of effort was focused on obtaining
access to the cable system by the City to utilize the state-of-the-art technology to better
communicate and provide services to our residents. Our Telecommunications Legal
Advisors, Leibowitz and Associates, P.A. and myself negotiated the Franchise
Agreement.
The following represents the major points of the Franchise Agreement:
Term - Ten years. It may be extended up to fifteen years provided
Comcast meets required technological improvements to the system and
upgrades or rebuilds the system to maintain state-of-the-art capabilities.
2. Insurance - Establishes requirements in accordance with the City's Cable
Ordinance.
Construction Bond - Establishes a $50,000 bond to insure that any
damage to public property is repaired.
Uses of City Streets - Establishes requirements and standards.
Minimum System Facilities and Technical Standards - The minimum
system facilities, services and technical standards are established and
outlined in the Agreement.
Government Center Cable Services - Provides free of charge that the
new Government Center will be pre-wired for live or taped cablecasting of
Commission Meetings.
School Commitments - Public and private schools serving grades
kindergarten through 12 in the City will be provided free cable service,
internet access and educational program listings. Training programs will
also be held free of charge to educate teachers about online and cable
services.
Access Channels - Up to two access channels will be provided to the
City installed and linked to the new Government Center for the following
purposes:
Cablecasting Commission Meetings.
Educational Purposes.
Government purposes (i.e., special events, City information, and
programming).
Access Facilities~ Equipment and Support - Comcast will provide the
following:
Equipment to permit both live and delayed cablecast of all City
Commission Meetings (estimated at $24,000).
State-of-the-art character generator to permit transmission of public
service messages from the Government Center to all subscribers.
Training for City personnel to operate the equipment.
Prior to the opening of the new Government Center, Comcast will
cablecast live 12 municipal or civic events per year that are no
longer than four hours in duration.
After the Government Center is complete, Comcast will cablecast
live, four municipal or civic events per year that are no longer than
four hours in duration, and up to eight events that will be
2
10.
11.
12.
13.
14.
15.
16.
17.
videotaped at the Government Center to be played on the access
channel.
Provide the City with a videocassette of every event and
Commission Meeting.
Provide advertising time for City sponsored events on cable
channels with a value of no less than $10,000 per year.
Provide studio facilities available for use by the City and schools for
government and access channel programming.
Franchise Fee - Comcast shall pay to the City a franchise fee of 5% of
gross revenues. In the event federal law changes to an amount greater
than 5%, the City may request Comcast to pay the higher amount. The
franchise fees may be audited by the City.
Financial Records and Facilities - Establishes the right of the City to
inspect Comcast's financial records and facilities to determine compliance
with the Agreement.
Customer Service Requirements - Requires Comcast to comply with
each of the Customer Service Requirements set forth in the City's Cable
Television Ordinance.
Transfer and Removal of Franchise - Provides for the procedures to
transfer or renew the Franchise Agreement.
Rates - Comcast must provide at least 30 days prior notice to subscribers
and the City to increase rates for basic cable services. Comcast shall at
all times charge nondiscriminatory rates throughout the City and will not
engage in predatory pricing or any anti-competitive business practices.
SecuriW Fund - Comcast shall provide a letter of credit or a security fund
to cure defaults and pay any liquidated damages.
Enforcement Remedies - Provides specific requirements in terms of
liquidated damages for failure to comply with the terms of the Franchise
Agreement.
Area Wide - Interconnection - The City maintains the right to request
Comcast to interconnect with any or all other cable systems in the City to
permit interactive transmission and reception of program material.
3
I would like to take this opportunity to thank Ila L. Feld, of Liebowitz and Associates,
P.A., for her and the firm's guidance and assistance in this process. In addition, the
representatives from Comcast should be recognized for their cooperation and
persistence in the finalization of this Agreement.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
cc0527-98
4
ORDINANCE NO. 98-
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED CABLE FRANCHISE
AGREEMENT BY AND BETWEEN THE CITY AND
COMCAST CABLEVISION OF BROWARD COUNTY, INC.;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
ORDINANCE; AND PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. The City Manager is hereby authorized to execute the attached
Cable Franchise Agreement (the "Agreement) by and between the City and Comcast
Cablevision of Broward County, Inc. and to do all things necessary to carry out the aims
of this Ordinance.
Section 2.
Section 3.
immediately upon its passage and adoption on second reading.
The foregoing Ordinance was
moved its adoption on first reading.
and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
This Agreement is hereby granted and approved.
Effective Date. This Ordinance shall take effect and be in force
offered by Commissioner , who
This motion was seconded by Commissioner
Ordinance No.
Page 2
The foregoing Ordinance was offered by Commissioner , who
moved its adoption on second reading. This motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 17th day of March, 1998.
PASSED AND ADOPTED on second reading this 7th day of April, 1998.
ATTEST:
TERESA M. SMITH, CMC
CiTY CLERK
ARTHUR I. SNYDER, MAYOR
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
DISCUSSION PUPilS ONLY
CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN
THE CITY OF AVENTURA, FLORIDA AND COMCAST
CABLEVIS1ON OF BROWARD COUNTY, INC.
A FRANCHISE AGREEMENT ENTERED INTO BETWEEN THE
CITY OF AVENTURA, FLORIDA, AND COMCAST
CABLEVISION OF BROWARD COUNTY, INC., PURSUANT TO
THE CITY OF AVENTURA, FLORIDA CABLE TELEVISION
ORDINANCE NO. 97-20 AS AMENDED BY ORDINANCE NO.
98- AND GRANTING A FRANCHISE TO OWN, OPERATE
AND MAINTAIN A CABLE TELEVISION SYSTEM IN THE
CITY OF AVENTURA, FLORIDA, AND SETTING FORTH
CONDITIONS ACCOMPANYING THE GRANT OF SUCH
FRANCHISE AND PROVIDING FOR REGULATION AND USE
OF SUCH SYSTEM.
THIS AGREEMENT, effective this
__ day of __., 1998, is by and between the CITY
OF AVENTURA ("the City") and Comcast Cablevision of Broward County, Inc., a Dela;vare
Corporation ("Comcast").
WHEREAS, pursuant to the Communications Act of 1934, as amended, 47 U.S.C. {}{}521
e~ seq, the City may grant or renew a fi'anchise to construct, operate and maintain a cable television
system; and
WHEREAS, on September 2, 1997, the City Council of Aventura, Florida ("Council"),
adopted Ordinance No. 97-20 as amended by ordinance No. 98- , providing for the issuance and
regulation of cable television franchises for, and the installation, construction and operation of, cable
television systems within the City; and
WHEREAS, Comcast desires to obtain a franchise to construct, install, maintain, and operate
a cable system in the City, and has applied to the City for the grant of such franchise; and
WHEREAS, the construction, installation, maintenance, and operation of such a system
DISCLLSSION PURPOSES ONLY
involves the use and occupation of the Streets of the City, over which the City exercises
governmental control; and
WHEREAS, the Council has evaluated Comcast's application in light of the requirements
of Federal and State law and the Ordinance, and has conducted public hearings concerning Comcast's
request and application; and
WHEREAS, the Council has relied on Comcast's representations both oral and written and
has considered all information presented to it by Comcast, the City Manager, the City's consultants,
and the public; and
WHEREAS, based on said representations and information, the Council has determined that
a grant of a nonexclusive franchise to Comcast to construct, install, maintain and operate a cable
television system in the City, subject to the terms and conditions set forth herein and in the
Ordinance, is consistent with the public interest; and
WHEREAS, the Council determined to grant Comcast a non-exclusive franchise to own,
construct and operate a cable television system within the City, subject to the terms and conditions
of the Ordinance and subject also to the City and Comcast entering into a franchise agreement; and
WHEREAS, the City and Comcast have reached agreement on the terms and conditions of
such a franchise agreement.
NOW, THEREFORE, in consideration of the City's grant of Comcast's franchise to own,
construct, install, maintain and operate a cable system within the City, and to use and occupy the
Streets of the City for that purpose, and in consideration of Comcast's promise to provide cable
service to residents of the City pursuant to the Ordinance and under the terms and conditions set
2
DISCUSSION PURPOSES ONLY
forth herein, and in consideration of the promises and undertakings herein, and other good and
valuable consideration, the receipt and the adequacy of which is hereby acknowledged, the franchise
is hereby granted and
THE SIGNATORIES DO HEREBY AGREE AS FOLLOWS:
Section 1. D.efinitions.
Except as otherwise provided herein, the definitions in Section 3 of Ordinance No.
97-20 as amended by ordinance No. 98- of the City of Aventura, Florida, shall govern this
Franchise Agreement. In addition, the following, d.efinitions shall apply:
A. Ordinanc~ shall mean Ordinance No. 97-20 as amended by ordinance No. 98-
of the City of Aventura, Florida and as said Ordinance may hereinafter be amended.
B. Emnchisee or Comcast shall mean Comcast Cablevision of Broward County, Inc.,
a Delaware corporation, and its lawful and permitted successors, assigns and transferees pursuant
to Sections 29 and 30 of this Agreement and Ordinance No. 97-20 as amended by ordinance No.
98- of the City of Aventura, Florida.
C. Eranchise Area shall mean the entire area within the legal boundaries of the City, and
such other areas as may hereinafter be annexed or incorporated by the City during the term of the
franchise.
D. Notice to the cable operator shall be deemed effective upon receipt. Notice to the
City shall be effective upon receipt by the City Manager.
E. Grmss~eveunes on which franchise fee payments to the City are calculated shall be
defined as provided for in Section 3(T) of Ordinance No. 97-20 as amended by ordinance No. 98-
i)tSC SiON PURPOSES ONLY
Section 2. Grant of Franchise.
A. Subject to the terms of this Franchise Agreement and Ordinance No. 97-20 as
amended by ordinance No. 98- , the City hereby grants Franchisee a franchise for the right and
privilege to own, construct, install, maintain and operate a cable television system within the
Franchise Area.
B. The cable system herein franchised shall be used and operated only for the purposes
of providing cable television services unless and until franchisee obtains written authorization from
the City Manager to provide other services, including but not limited to, telephony and non-cable
video services, unless the City is otherwise prohibited by applicable law from the exercise of such
authority.
C. Franchisee agrees that in no event shall it incorporate the length of time for which a
franchise is granted by the City as a term or condition within any contract or other agreement to
provide cable service to a subscriber(s) other than the City. Failure to comply with this Subsection
shall be considered a material breach of this agreement.
Section 3. Term of Franchise~
This franchise shall be for a period often (10) years unless otherwise sooner terminated or
otherwise extended in accordance with the terms of this Franchise Agreement. The franchise shall
commence upon the date that Franchisee provides the City with the written acceptance required by
Section 36 hereof, which must occur within thirty (30) calendar days from the date of the Council
resolution approving the grant of the franchise. This Franchise Agreement is subject to all other
FOR DISCUSSION PURPOSES ONLY
requirements and conditions set forth in this Franchise Agreement and in Ordinance No. 97-20 as
amended by ordinance No. 98- of the City for a grant of a franchise to become effective, except
to the extent such requirements are modified or waived as expressly set forth herein.
Section 4. Non -ExclusizceaYran eh ise.
The Franchisee's right to use and occupy the Streets shall be non-exclusive, and the City
reserves the right to grant a similar or other use of said Streets, or any portions thereof, to any
person, including the City, at any time during the term of this Franchise Agreement.
Section 5. Franchise Subject ~ 'nance.
A. This Franchise Agreement is subject to and shall be governed by all terms, conditions
and provisions of the Communications Act, any amendments thereto, and any other applicable
provision of Federal, State or local law, existing or hereafter adopted.
B. This Franchise Agreement is subject to and shall be governed by all terms, conditions
and provisions of Ordinance No. 97-20 as amended by ordinance No. 98- of the City in effect
as of the date of the resolution granting this franchise, in addition to the terms, conditions and
provisiQns set forth in this Franchise Agreement.
Section 6. Fxan~ject To Other_La3~s,P_~lice Power.
A. The Franchisee is subject to and agrees to comply with all applicable local, city, State
and Federal laws, ordinances, rules, regulations and orders.
B. The Franchisee shall at all times be subject to all lawful exercise of the police power
of the City, and this Agreement is not intended to limit the City's exercise of such power in any way.
Section 7. Reseryat~tnLOfJRights.
FOR DISC SION PURPOSES ONLY
A. It is explicitly understood that this Franchise Agreement shall be construed in
accordance with the laws of the State of Flohda and Federal law, including, but not limited to, the
rules and regulations promulgated by the Federal Communications Commission.
B. The City reserves the right to acquire, purchase, own and/or operate a cable system
to the extent permitted by local, state and federal law.
Section 8. Insurance.
A. Franchisee shall obtain and maintain insurance of the types and minimum amounts
required in Section 11 of Ordinance No. 97-20 as amended by ordinance No. 98- in such a
manner as to comply with each and every requirement of that Section.
B. The Franchisee shall provide proof to the City Manager of compliance with this
Section no later than sixty (60) days from the date of the Council resolution approving the grant of
the franchise. Failure to provide the City Manager with proof of insurance within the prescribed
time period will render this Franchise Agreement and the grant of the franchise null and void without
further action by the City.
Section 9. Indemnification of the City.
Pursuant to Section 11 of Ordinance No. 97-20 as amended by ordinance No. 98-
Franchisee shall, at its sole cost and expense, indemnify, hold harmless, and defend the City, its
officials, boards, commissions, commissioners, agents, and employees, against any and all claims,
suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and
expenses arising out of the construction, maintenance or operation of its cable system, the conduct
of Franchisee's business in the City, or in any way arising out of the Franchisee's enjoyment or
DISCUSSION PURPOSES ONLY
exercise of a franchise granted hereunder, regardless of whether the act or omission complained of
is authorized, allowed or prohibited by this Ordinance or a franchise agreement, provided, however,
that Franchisee's obligation hereunder shall not extend to any claims caused by the misconduct or
sole gross negligence of the City, its officials, boards, commissioners, agents or employees. This
provision includes, but is not limited to, the City's reasonable attorneys' fees incurred in defending
against any such claim, suit or proceedings; and claims arising out of copyright infringements or a
failure by the Franchisee to secure consents from the owners, authorized distributors, or providers
of programs to be delivered by the cable system, claims arising out of Section 638 of the
Communications Act, 47 U.S.C. 558, and claims against the Franchisee for invasion of the right of
privacy, defamation of any person, finn or corporation, or the violation or infringement of any
copyright, trade mark, trade name, service mark or patent, or of any other right of any person, finn
or corporation. In addition, this provision is applicable to any and all claims filed by third parties
in any manner related to or arising under Section 11 of Ordinance No. 97-20 as amended by
ordinance No. 98- of the City. Notwithstanding the foregoing, Franchisee may select counsel
to represent the City. City agrees to notify Franchisee, in writing, within ten (10) days of City
receiving notice, of any issue it determines may require indemnification. Nothing in this section
shall prohibit the City from participating in the defense of any litigation by its own counsel and at
its own cost if in the City's reasonable belief there exists or may exist a conflict, potential conflict
or appearance of a conflict.
Nothing in the provision shall be construed to affect in any way the City's rights, privileges,
and immunities as set forth in Section 768.28, Florida Statutes.
IDISCUSSiON PURPOSES ONLY
Section 10. Cgnslrnelionllond.
Pursuant to Section 13 of Ordinance No. 97-20 as amended by ordinance No. 98- , at the
City Manager's request, prior to any cable system constmction, upgrade, rebuild or other significant
work in the streets, Franchisee shall furnish a construction bond in favor of the City in the amount
of Fifty Thousand Dollars ($50,000.00). If such construction bond is not furnished to the City ten
(10) days prior to the start of any such construction, construction shall be delayed until such time
as the construction bond is provided in a form acceptable to the City Manager. The construction
bond must be approved by the City Manager or his/her designee, which approval shall not be
unreasonably withheld. The construction bond shall be maintained until said construction work
hereof is completed and for a period not to exceed six (6) months thereafter. Franchisee shall notify
the City Manager in writing when it believes the construction has been completed.
Section 11. UsexdLStreets.
A. Franchisee agrees at all times to comply with and abide by all applicable provisions
of the City Code.
B. All of Franchisee's cable system distribution facilities shall be installed and
maintained underground to the extent required by Section 21 (I) of Ordinance No. 97-20 as amended
by ordinance No. 98-
C. Franchisee shall utilize, with the owner's permission, existing conduits, poles, or other
facilities whenever feasible. The Franchisee has the duty and the responsibility to obtain or establish
the existence of an easement or dedication for its use. Copies of agreements for use of conduits or
other facilities shall be filed with the City, pursuant to Section 21(E) of Ordinance No. 97-20 as
S
FOR DiSCUSSiON PURPOSES ONLY
amended by ordinance No. 98-
D. All of Franchisee's transmission lines, equipment, structures and other facilities shall
be installed, located and maintained so as to cause minimum interference with the rights and
convenience of property owners. The City may issue such rules and regulations concerning the
installation and maintenance of a cable system installed in, on, or over public Streets, as may be
consistent with the Ordinance.
E. All safety practices required by applicable federal, state or local law or accepted
industry practices and standards shall be used during construction, maintenance and repair of the
cable system.
F. As required by the City, and upon receipt of written notice fi.om the City, Franchisee
shall remove, relocate, replace or modify at its own expense (except as otherwise required by law)
its facilities within any public Street for the reasons set forth in Section 21 (B) of Ordinance No. 97-
20 as amended by ordinance No. 98-
G. Franchisee shall obtain any required permits and pay any required fees before
commencing any construction on or otherwise disturbing any private property or public Streets as
a result of its construction or operations. Franchisee shall, at its own expense, restore such property
pursuant to the requirement of Ordinance No. 97-20 as amended by ordinance No. 98- . If such
restoration is not performed in a reasonable and satisfactory manner within thirty (30) calendar days,
the City may, after prior written notice to Franchisee, cause the repairs to be made at Franchisee's
expense pursuant to Section 21(A) of Ordinance No. 97-20 as amended by ordinance No. 98-
FOR DISCUSSION PURPOSES ONLY
H. If the City is required to perform emergency Street work requiring relocation of
Franchisee's facilities in the Streets, then Franchisee shall reimburse the City for its reasonable costs
associated with such relocation.
I. Franchisee shall not place facilities, equipment or fixtures where they will
unreasonably interfere with any other companies lawfully using the public rights-of-way serving the
residents of the City. All such facilities, equipment or fixtures placed in any public Street or public
fight-of-way shall, to the best of the Franchisee's ability, be placed close to the tine of the lot abutting
on the public Street, in a manner so as not to interfere with use of the public Street.
Section 12. MinimumS~tenLE .... .
A. Pursuant to Section 14 of Ordinance No. 97-20 as amended by ordinance No. 98-
, Franchisee's cable system shall, at a minimum, (1) be able to pass frequencies of at least 750 MHZ;
(2) have a minimum channel capacity of at least seventy-eight (78) video channels; (3) have at least
two (2) activated downstream video channels; (4) have two-way interactive capability; and (5)
upstream video channel capacity to the headend from the locations specified herein, and in the
amount necessary to satisfy, the access channel requirements set forth in Section 16 hereof.
B. Franchisee further agrees to provide cable service, without charge, to the City
buildings as set forth in Exhibit A to this Franchise Agreement, and to all buildings of the City that
may be constructed or opened within the City or annexed areas during the term of this Franchise
Agreement within sixty (60) days of receipt of a request from the City Manager or his designee.
Where Franchisee's plant is the closest franchised cable operator to a specified facility, such service
shall include the basic cable service tier and all programming offered on the cable programming
10
F OR DiSCUSSiON PURPOSES ONLY
service tier including any additional programming added to those two levels of service, to the extent
a separate charge is not associated with such additional programming.
C. School Commitments.
At such time as any public or private school serving any grades K- 12 (as required in
Title I of the Elementary and Secondary Education Act of 1965, 20 U.S.C. § 421 etmeq., as
amended) is to be constructed within the territorial boundary of the City, Franchisee hereby agrees
to provide, at minimum, the products and services described in Section 12(C)(1-7) herein. Where
Franchisee receives prior notice of the construction, Franchisee shall cooperate with the builder to
install all cable related facilities during construction so as to allow for activation of cable services
simultaneous with occupancy of the building. Notwithstanding anything to the contrary, where
Franchisee's plant is the closest plant to the school site, Franchisee shall comply with the
requirements of Section 12(C)(1-7) herein within sixty (60) days of receiving a request from the City
Manager or his designee.
1. Franchisee shall, at a minimum, provide a service connection at one outlet in
all public and private schools grades K-12 (as defined in Title I of the Elementary and Secondary
Education Act of 1965, 20 U.S.C. § 421a et seq., as amended), where Franchisee's plant is the
closest franchised cable operator to a specified school. Such connections will be made free of charge
and as promptly as possible to all unserved schools requesting such a connection. Upon request,
Franchisee will provide, at Cost, such a service connection to any other unserved K-12 public and
private (as defined in Title I of the Elementary and Secondary Education Act of 1965, 20 U.S.C. §
421a el seq., as amended) school located within the City. If any internal wiring installation is
DISCUSSION PURPOS,ES ONLY
requested to serve additional outlets in any school, it will be provided at Cost; provided, however,
that such internal wiring will be provided without charge if Franchisee is able to coordinate with
other comparable electrical wiring installation in cases of new construction or substantial
rehabilitation of existing schools in the City.
2. Any public or private school connected pursuant to subparagraphs 1 or 2 may
elect to install its own internal wiring (provided such wiring meets required technical specifications)
and to bear the cost thereof. Free BST and free CPST service will be provided to each outlet in all
connected public and private schools.
3. Franchisee will provide free educational program listings equal to the number
of outlets to each connected school. Additional copies of such program listings will be provided,
if requested by a school. Such educational program listing will identify and describe programming
on Franchisee's system that is appropriate for use in the classroom and will provide suggested
curriculum support ideas.
4. Franchisee will provide to each connected school materials for teachers that
explain ,the educational applications of Franchisee's broadband cable systems and services. The
materials will be provided to all connected schools. Additional copies of such materials will be
provided, upon request.
5. Within twelve months after Franchisee or any parent, affiliate or subsidiary
makes an on-line service providing Intemet access for personal computers commercially available
on the system serving the City or the system serving the City of Ft. Lauderdale, Franchisee will,
upon request by the City Manager, provide schools within the City with at minimum one free
12
FOR DiSCUSSiON ONLY
connection to such on-line service. At a minimum, such on-line service will provide access to the
Intemet. Upon request, each connected public or private (K-12) school will receive at minimum one
free cable modem per outlet and free, unlimited access to the Interact and have unlimited access to
cable modem service during the school year. Additional cable modems and operational support and
services (for example, assisting connected schools in setting up and maintaining reliable Intemet
connections), will be provided to connected schools, at cost upon request. Free access to the
Franchisee's on-line service will be provided through each such modem for use during the school
year. In addition, no less than once per year Franchisee will conduct or sponsor a training program
in the Dade and Broward County area to educate teachers about its on-line service and to provide
connected schools with an opportunity for hands-on training.
6. Upon request, one municipal building will receive at minimum one free
connection to ondine service when it becomes commercially available. At a minimum, such on-line
service will provide access to the Intemet. Upon request, the designated municipal building will
receive one free cable modem per outlet, unlimited access to cable modem service and free unlimited
access to the Intemet. Additional cable modems and operational support and services will be
provided to municipal buildings at a reasonable price.
7. Franchisee agrees not to seek to recover the cost for these connections as
external or other costs.
8. Nothing herein shall preclude Franchisee from providing benefits to schools
which exceed those provided herein.
D. All video signals received for transmission that contain closed circuit captioning
13
DISCUSSION PURPOSES ONLY
information for the hearing impaired shall in turn contain such information in the form received
when transmitted by the cable operator to the subscribers of the system.
E. Franchisee's system shall be capable of transmitting, and shall transmit, to subscribers
any stereo signals and any other form of advanced television signals received and carded by the
system in the form received.
F. Franchisee shall take affirmative, economically feasible steps to ensure maximum
availability of the services and facilities of the system, including without limitation all access
channel services and facilities, to handicapped persons, including hearing impaired persons.
Franchisee shall comply fully with all applicable laws concerning handicapped or disabled persons,
and shall indemnify and hold the City harmless from any suit, claim, or demand against it for
violation of such laws that arises from Franchisee's provision, or failure to provide, services in
conformity with such laws.
G. Franchisee hereby agrees to be responsible for wiring each and every floor of City
Hall with one outlet per floor (and with the capability to provide additional outlets on request) and
for installing all facilities necessary for live cable-casting of City Council meetings provided
Franchisee is given reasonable notice of the City's needs, all necessary construction plans and
schedules, and access to the premises.
H. Upon the request of the City Manager, if technologically and economically feasible,
the Franchisee shall lease, on the same terms and conditions as provided to any other franchising
authority or community served by the same system and to the City of Fort Landerdale, but in no
event in an amount greater than the actual cost basis to the Franchisee, such up and downstream
FOR DiSCUSSiON PilRFOSES ONLY
capacity on the cable system as may be required to allow the City to collect data from subscribers
for purposes not competitive with services offered by Franchisee, including, but not limited to,
reading water meters, to the extent such capability is available. The Franchisee shall allow the City
to co-locate necessary equipment with the cable system and to interconnect such equipment into the
cable system, at the City's cost, provided said equipment does not interfere with the cable system's
technical integrity.
Section 13. Technological Improvements to System.
A. The Franchisee and the City recognize that the technology of cable systems and the
services available are advancing at a rapid rate. Thus, Franchisee hereby agrees to provide the City
and its subscribers, during the term of this agreement, with at minimum, comparable technology,
products, services, and benefits which are provided by the Franchisee to any other community,
served from the same headend as the City, and within six (6) months, any technology, products,
services and benefits which are provided by the Franchisee to the City and subscribers in Fort
Lauderdale.
B. Upon request of the City, after the fifth anniversary but, prior to the seventh annual
anniversary of the franchise herein granted, the Franchisee shall, report in writing to the City
Manager, in a form satisfactory to the City Manager, on technological advances and the availability
of new and enhanced services for cable systems. The report shall state what plans, if any, the
franchisee has for the upgrade or rebuilding of its cable system to the State-of-the-Art. The report
shall also contain an analysis of the impact of updating the cable system to include new advances
upon the franchisee's technical plant, customer service, subscriber rates, and the Franchisee's
15
FOR DISCUSSION PUR ES ONLY
financial capabilities. To the extent known by Franchisee, the franchisee shall also provide the City
Manager with a comparison of the services, facilities and technologies utilized by Franchisee or any
parent, affiliate or subsidiary of Franchisee and upon request, a list of City selected jurisdictions up
to a maximum of ten (10), with an explanation of the services, facilities and technologies utilized
in those jurisdictions and an assessment of the costs associated with implementing the new
technologies in the City.
C. In the event that Franchisee, pursuant to section B above, provides to the City and the
City accepts a plan to activate an upgrade or rebuild of the system to State-of-the-Art no later than
the ninth anniversary of the date hereof, Franchisee and the City hereby agree to extend the term of
this franchise from ten (10) years to fifteen (15) years from the effective date hereof.
Section 14. Teehni~caLSiandards.
Franchisee shall maintain and operate its cable system, at a minimum, in full compliance
with FCC regulations and Ordinance No. 97-20 as amended by ordinance No. 98- . Franchisee
shall further comply with each of the following requirements:
A. All antennas, supporting structures, and outside plant used in operating and
maintaining Franchisee's cable system within the City shall comply with all generally accepted
industry standards and all applicable federal, state, county, City and/or utility laws, ordinances, rules,
regulations and applicable lease agreements relating to tower structures and outside plant.
B. All construction, installation and maintenance of Franchisee's cable system shall
comply with the National Electrical Safety Code, the National Electrical Code, all applicable state
and local laws and regulations, and accepted industry practices.
FOR DISCUSSION PURPOSES
C. Franchisee's cable system shall, at a minimum, meet or exceed all technical and signal
quality standards of the FCC and the National Cable Television Association, including such
standards as hereinafter may be adopted or promulgated.
Section 15. Proof of Performal~.
Franchisee shall perform, at its expense, the proof of performance tests as required by Section
15 of Ordinance No. 97-20 as amended by ordinance No. 98- to demonstrate compliance with
the requirements of that Section, this Franchise Agreement, FCC standards, and the standards of
Good Engineering Practices for Measurements on Cable Systems, published by the National Cable
Television Association. Upon written request, Franchisee will provide proofofperformance test
results within thirty (30) days to the City Manager.
Section 16. Acc cilities.
A. Ac, c~aaneLCa~. Franchisee shall provide to the City, at least one (1) and
a maximmn of two (2) activated downstream access channels and at least one (1) and a maximum
of two (2) activated upstream channels on the system which the City may elect to use, in whole or
in part, for video and audio services solely for educational and/or governmental access use at the
City's discretion on the following terms and conditions:
1. Upon written request of the City Manager, Franchisee agrees that it will
cablecast all taped City Council meetings, or, subject to Section 12 (G) hereof, at the City
Manager's discretion, cablecast live on the cable system all City Council meetings and provide tapes
of such meetings to the City Manager, other cable operators or residential developments as requested
by the City at cost. Such obligation shall terminate at such time as the Government complex is fully
DISCUSSION PURPOSES ONLY
capable of taping and cablecasting on the cable system.
2. As of the effective date hereof, Franchisee shall provide one dedicated access
channel. The channel shall be activated from a location designated by the City. If at any time the
initial Channel is programmed during at least six (6) hours per day with locally produced
programming, Monday through Friday for four (4) consecutive weeks, Franchisee shall, without
charge, at the request of the City, provide the City with a second Access Channel. Both parties agree
the computer generated messaging shall not count toward the six (6) hours per day programming
test. In the event the programming on the first access channel falls below the specified level for a
period of eight consecutive weeks, then City agrees that Franchisee shall have the right to deactivate
the second access channel.
3. Franchisee's system shall be configured so that any programming delivered
to the system on any upstream channel required hereunder may be delivered downstream on the
system on any of the activated downstream access channels required or from such other access
facilities in North Dade or Southern Broward County as may be provided by Franchisee that are
technically and financially feasible.
4. The access channels to be provided to the City as set forth above may be
allocated by the City to any or all categories of access use (educational or governmental) at the sole
discretion of the City.
5. Franchisee shall make available all necessary headend and system electronic
and distribution equipment so that any programming transmitted upstream on any upstream channel
from any origination location designated by the City Manager pursuant to Section 16 hereof may be
18
FOR DISCUSSION PURPOSES ONLY
transmitted downstream to all subscribers on any of the downstream access channels provided
pursuant to Section 16 hereof. The City Government Center will be linked to the headend by the
most technically feasible and cost effective means. Franchisee will make available the necessary
system electronic and distribution equipment to Franchisee's headend and distribution system to
make possible the live cablecasting of the programming from the City Government Center.
6. Franchisee agrees that all access channels will be provided to subscribers on
the system as a part of the lowest tier of basic service and that, if such information is supplied to
Franchisee or known by Franchisee pursuant to its responsibilities under Section 16 hereof,
Franchisee will publicize programming on the access channels as a part of any ordinary printed
program listings it provides which include program listings for the basic tier of service or will
include access channel programming listings in any monthly program guide sent to subscribers
which include program listings for the basic tier of service, provided that information concerning
access channel programming is provided to or becomes known to Franchisee within the time and in
a manner that other programmers are required to provide such information for inclusion in such
program listings or program guide.
B. Access Facilit~ent and Support.
1. Franchisee, at Franchisee's sole expense, shall provide all on-site facilities and
cable and production equipment as described on Exhibit B attached hereto necessary to permit both
live and delayed cablecast of all City Council meetings and other City or public meetings, events and
programs held at the City complex, to all subscribers in the City, as well as a new character
generator (as described in Exhibit B) to permit transmission of public service messages from the
DISCUSSION PgJRPOSES ONLY
Government Center to all such subscribers. The upstream system electronic and distribution
facilities and equipment and cabling provided by Franchisee shall be of sufficient quality and
performance specifications to enable all material cablecast on the access channels provided pursuant
to this Agreement to meet all video and audio signal quality standards adopted by the FCC and as
provided generally by the Franchisee on the system when transmitted downstream to subscribers,
including any such standards as may be adopted or amended during the term of this Franchise
Agreement . It is understood that Franchisee shall be responsible for maintaining all such
equipment in good repair and in operational condition, at Franchisee*s expense, unless such
equipment is damaged as a result of the City's negligence.
2. Franchisee shall provide, at its sole expense, training of authorized
representatives of the City to operate the production and transmission equipment in such a manner
so as to ensure that the quality of the cablecast would be the same as if an employee of the
Franchisee was fulfilling the duties.
3. In addition to the City council meetings, the City Manager may designate up
to a maximum of twelve municipal or civic events ("Designated Municipal Event") per year that are
no longer than three hours each that Franchisee shall cablecast live from Franchisee's studio subject
to reasonable availability on the first access channel. When City Hall is built and has been wired
and equipped for cablecasting, the City Manager may designate up to a maximum of four (4)
Designated Municipal Events per year, no more than four hours each, that Franchisee shall
cablecast live and up to a maximum of eight Designated Municipal Events that Franchisee shall
video tape and provide the City Manager with a copy of such video tape so that the City may play
20
DISCUSSION PURPOSRS ONLY
such tape on a designated access channel. The City Manager shall notify Franchisee in writing of
each such Designated Municipal Event, and its place and time, no less than two (2) weeks before
each such event is held. Franchisee shall also provide the City with a videocassette copy of every
Designated Municipal Event and Council Meeting other than those events taped by the City at
Government Center. In addition, Franchisee agrees to provide the City with time to advertise
municipally sponsored events during reasonable viewing periods with a value of not less than Ten
Thousand Dollars ($10,000) per year during each year of the term of this Agreement. The value of
said time shall be calculated based on the lowest rates franchisee charges to any advertiser.
4. The City may cablecast character generated information on a designated
Access Channel from the location designated at any time of its choosing.
5. Subject to availability, franchisee shall make its studio facilities available for
use by the City and area educational institutions for govem_ment and educational access
programming one time per month. However, notwithstanding anything to the contrary, the City may
request additional use of the studio facility and Franchisee agrees to negotiate in good faith to
provide such additional time.
6. At the City's option, Franchisee hereby agrees to provide to the City a grant
in the amount of forty thousand dollars ($40,000.00) in lieu of the equipment described on Exhibit
B. The Franchisee shall pay the full balance of the grant to the City no later than forty-five (45) days
of the Council approval of this Franchise.
7. Franchisee hereby agrees that the facilities, equipment, services,, and all other
support to be provided by Franchisee pursuant to this Section 16 constitute capital costs ;vhich are
21
FOIl DISCUSSION PUIIPOS S ONLY
required by the franchise to be incurred by Franchisee for public, educational, or governmental
access facilities within the meaning of Section 622(g)(2)(C) of the Communications Act, 47 U.S.C.
§ 542(g) (2) (C); that such grant does not constitute a franchise fee within the meaning of
Communications Act, State law, Ordinance No. 97-20 as amended by ordinance No. 98- , or this
Franchise Agreement; and that Franchisee hereby waives, and will not assert in any proceeding, any
claim to the contrary. The City and Franchisee further agree that the pass through to subscribers of
any such costs shall be amortized evenly over the term of this agreement.
Section 17. C o m m er35alJ~_d~Ac c es s.
Franchisee shall provide commercial leased access channels as required by Federal law.
Section 18. Em~acilities.
A. Franchisee shall comply with all FCC rules on emergency use of facilities.
B. Franchisee shall provide standby power generating capacity at the cable system
headend and be capable of providing at least two (2) hours of emergency power supply. Standby
batteries, capable of providing at least two (2) hours of emergency power, shall be installed in the
cable distribution plant.
Section 19. Lo_ck-~LDe~ces.
Franchisee shall make available at reasonable charge to any residential subscriber, upon the
request of such subscriber, a "parental guidance" or "lock-out" device which shall permit the
subscriber, at his or her option, to eliminate the audio and visual transmissions from any channel
reception to the extent technically feasible.
Section 20. Closed-circuiLCaptioning for the~[earing~Impaired.
22
Franchisee shall make available at a reasonable charge to any hearing-impaired residential
subscriber, upon the request of such subscriber, any equipment beyond the subscriber's equipment
capable of decoding closed-circuit captioning information for the hearing impaired.
Section 21. Line Extension Policy.
A. Upon request and payment of all applicable charges, and provided that the requesting
person gives Franchisee access to his or her premises in order to furnish, maintain and continue to
offer service to that person, Franchisee shall, throughout the term of this Agreement, promptly
furnish, maintain, and continue to provide all services distributed over the system to any person at
his or her place of residence or commercial location where Franchisee's plant is the closest activated
plant to the location.
Section 22. Cable~ Wiring Commitments.
A. At minimum, Franchisee shall comply with all FCC rules regarding cable home
wiring, as amended from time to time.
1. Upon commencement of service, and annually thereafter, Franchisee will
notify customers of their rights and options relating to cable home wiring, pursuant to applicable
law.
Section 23. Franchise Fee.
A. In consideration of the privilege granted herein to use and occupy the Streets to own,
construct, install, maintain and operate its cable system, Franchisee shall pay to the City a franchise
fee equal to either (1) five percent (5%) of its gross revenues as defined in Section 03 of Ordinance
No. 97-20 as amended by ordinance No. 98- ; or (2) if a change in law increases the maximum
23
DISCUSSION PURPOSRS ONLY
allowable percentage to an amount greater than that specified in (1) above, that higher amount
provided however, that such increase is affirmatively imposed by the City after a public hearing at
which both the public and Franchisee are allowed to comment on the impact of the higher fee.
Franchisee will pay to the City such higher mount effective with the next available billing cycle in
which the higher charge may be placed on subscribers bills. Franchisee may calculate gross revenues
for purposes of determining the franchise fee owed in accordance with generally accepted accounting
principles (GAAP). Franchisee may subtract its actual bad debt expense determined in accordance
with Generally Accepted Accounting Principles for the relevant period from gross revenues,
provided, however, that any bad debt subsequently collected shall be inclu~led in gross revenues in
the period in which the bad debt is collected.
B. Franchisee shall pay the franchise fee to the City in full compliance with the
requirements set forth in Section 17 of Ordinance No. 97-20 as amended by ordinance No. 98-
C. The quarterly statements required to be filed by the Franchisee with the City pursuant
to Section 17 (D) of Ordinance No. 97-20 as amended by ordinance No. 98- shall be audited
and reported on by certified public accountant or certified as true and correct by a duly authorized
financial officer of Franchisee. Franchisee shall bear the cost of the preparation of such statements.
D. The acceptance by the City of any payment from Franchisee of the franchise fee shall
not constitute a release or an accord and satisfaction of any claim the City may have against
Franchisee for performance of any of its obligations under Ordinance No. 97-20 as amended by
FOR DiSCUSSiON P rRPOSES ONLY
ordinance No. 98- , this Franchise Agreement, or local, State or Federal law, including, without
limitation, Franchisee's obligation to pay the proper franchise fee amount owed, subject, however,
to applicable statute of limitations, if any.
E. Following the expiration or the termination for any reason of its franchise, Franchisee
shall pay the fi'anchise fee owed as of the date that its operations ceased within ninety (90) calendar
days of ceasing such operations. Such payment shall be accompanied by a gross revenues audit
report prepared by a certified public accountant showing the revenues received by Franchisee since
the end of the previous fiscal year.
F. Franchisee expressly agrees that: (i) the franchise fee payments to be made pursuant
to this Section shall not be deemed to be in the nature of a tax; (ii) such franchise fee payments shall
be in addition to any and all taxes of a general applicability and not applicable solely to cable
television operations within the City or other fees or charges which Franchisee shall be required to
pay to the City or to any state or federal agency or authority, as required herein or by law, all of
which shall be separate and distinct obligations of Franchisee; (iii) Franchisee shall not have or make
any claim for any deduction or other credit of all or any part of the amount of said franchise fee
payments from or against any of said City taxes or other fees or charges of general applicability
which Franchisee is required to pay to the City, except as agreed herein or required by law; (iv)
Franchisee shall not apply nor seek to apply all or any part of the amount of said fi'anchise fee
payments as a deduction or other credit from or against any of said City taxes or other fees or
charges of general applicability, each of which shall be deemed to be separate and distinct
obligations of Franchisee; (v) Franchisee shall not apply or seek to apply all or any part of the
25
FOR DISC SION PURPOSES ONLY
amount of any of said taxes or other fees or charges of general applicability as a deduction or other
credit from or against any of its franchise fee obligations, each of which shall be deemed to be
separate and distinct obligations of Franchisee; and (vi) the franchise fee specified herein is the
minimum fair market value for the grant hereunder of a franchise for use of the Streets, including
all public easements, public rights-of-way and other entitlement to use, occupy or traverse public
property, for the purpose of operating a cable television system.
Section 24. Reports and~..ecords.
Upon request of the City Manager or his designee, Franchisee shall furnish the City
Manager with all of the information as required under Sections 17 and 18 of Ordinance No. 97-20
as amended by ordinance No. 98-
Section 25. Right to lnspecLF_Jnancial Reeords~an~acilities.
A. Franchisee shall maintain a complete set of books and records, including plans,
contracts, engineering, accounting, financial, statistical, customer and service records as required
under Sections t7 and 18 of Ordinance No. 97-20 as amended by ordinance No. 98-
B. Pursuant to Ordinance No. 97-20 as amended by ordinance No. 98- , the City
shall have the right to inspect, at Franchisee's local office, the books and records specified in
subsection 25(A) hereof and such other records as may be required by the City to perform its
regulatory responsibilities under Ordinance No. 97-20 as amended by ordinance No. 98- __ or
applicable Federal law. The City agrees to carry out any such inspection during Franchisee's normal
business hours and upon reasonable notice. Access by the City to perform its regulatory
responsibilities to Franchisee's books and records shall not be denied on grounds that such books and
26
nR DISC SION PU SES ONLY
records contain proprietary or confidential information.
C. The City shall accord all books and records that it inspects under this Section the
degree of confidentiality such books and records are entitled to under Federal and State law.
Franchisee's books and records shall not constitute public records, except to the extent required by
Federal and State law. To the extent Franchisee considers any books or records that it is required
to produce to be confidential or otherwise protected from public disclosure, Franchisee shall
designate which documents it views as protected and provide a written explanation to the City of the
legal basis for Franchisee's claim of protection.
D. Pursuant to Ordinance No. 97-20 as amended by ordinance No. 98- , the City
shall have the right to inspect Franchisee's facilities and property during Franchisee's normal
business hours and upon reasonable notice.
Section 26. Customer S~.
Franchisee agrees to comply with each of the customer service requirements set forth in
Section 18 of Ordinance No. 97-20 as amended by ordinance No. 98-__
Section 27. ~LCa~e System.
The City may, upon the recommendation of the City Manager and the approval of the
Council, acquire ownership of and operate Franchisee's cable system in accordance with Section
31 of Ordinance No. 97-20 as amended by ordinance No. 98-
Section 28. Madification~oLEranchise.
Franchisee shall file an application with the City Manager for any modification of its
franchise pursuant to Section 9 of Ordinance No. 97-20 as amended by ordinance No. 98- . The
27
DiSC SION PURPOSES ONLY
application shall fully conform with each of the requirements set forth in that Section that apply to
applications for modification.
Section 29. Transfermf~ranehise.
A. Franchisee shall not directly or indirectly assign, sell or transfer its franchise, or any
right, title, or interest in same, this Franchise Agreement, or its cable system, nor shall any
ownership interest or any other form of control of Franchisee or any lawful successor be transferred,
assigned, directly or indirectly, without prior written notice to and approval of the City. In
determining whether to approve a transfer, the City will consider the factors set forth in Section
23 of Ordinance No. 97-20 as amended by ordinance No. 98- . Hoxvever, in the event that an
entity having a controlling interest of the Franchisee desires to transfer the franchise to another
affiliated entity whose ownership is controlled by the same entity, the City hereby agrees to
designate such transaction a pro forma transfer pursuant to Section 23(C) of Ordinance 97-20 as
amended by ordinance No. 98- __
B. Franchisee shall file an application to transfer its franchise or to transfer control of
Franchisee in full compliance with Sections 9 and 23 of Ordinance No. 97-20 as amended by
ordinance No. 98-
Section 30. Procedures_f~~al of Transfer.
In addition to the requirements set forth in Sections 9 and 23 of Ordinance No. 97-20 as
amended by ordinance No. 98- , the following procedures shall be followed by Franchisee in
requesting the City's consent to transfer its franchise or to transfer control of Franchisee.
A. At least one hundred twenty (120) calendar days prior to the contemplated effective
28
FOil DISCUSSION PUiiPOSES ONLY
date of a transfer, Franchisee shall submit to the City Manager an application for approval of the
transfer. Such application shall include the following:
1. A statement of the reason for the contemplated transfer.
2. The name, address and telephone number of the proposed transferee.
3. A detailed statement of the corporate or other business entity organization of
the proposed transferee, including but not limited to the following:
(a) The names, business addresses, state of residence and country of
citizenship of all general partners and/or corporate officers and directors of the proposed transferee.
(b) The names, business addresses, state of residence and country of
citizenship of all persons and entities having, controlling, or being entitled to have or control ten
percent (10%) or more of the ownership of the proposed transferee and the respective ownership
share of each such person or entity.
(c) The names and addresses of any subsidiary of the proposed transferee and
of any other business entity owning or controlling in whole or in part or owned or controlled in
whole or in part by the proposed transferee.
(d) A detailed and complete financial statement of the proposed transferee,
prepared by a certified public accountant if audited statements were made, and if not, by a duly
authorized financial officer of the proposed transferee, for the three (3) fiscal years immediately
preceding the date of the request for transfer approval, and a letter or other acceptable evidence in
writing from a duly authorized officer of the proposed transferee setting forth a clear and accurate
description of the amount and sources of funding for the proposal transaction and its sufficiency to
FOR DISCUSSION PURPOSES ONLY
provide whatever capital shall be required by the proposed transferee to construct, install, rebuild,
maintain and operate the proposed system in the City. If the corporate or business entity
organization of the proposed transferee has not been in existence for a full three (3) years, the
proposed transferee shall submit a certified financial statement for the period of its existence.
(e) A description of all previous experience of the proposed transferee in
operating cable television systems and providing cable television services or related or similar
services, including a statement identifying, by place and date, any other cable television franchise(s)
awarded to the proposed transferee, its parent, subsidiaries, or affiliates; the status of said
franchise(s) with respect to completion thereof; the total estimated cost of completion of such
system(s); and a summary of the amount of the proposed transferee's and its parent's or subsidiary's
resources committed to the completion thereof.
(f) Upon request from the City Manager, a detailed pro forma financial plan
describing for each remaining year of the franchise, the projected number of subscribers, rates, all
revenues, operath~g expenses, capital expenditures, depreciation schedules, income statements, and
statement of sources and uses of funds. Where the transfer is part of a larger transaction and such
information is not prepared for the single system in the City, the proposed transferee may provide
such information on a consolidated basis including the system in the City, but shall provide
information on the size of the City system, in terms of number of subscribers, relative to the
transaction, so that pro rata estimates may be made.
(g) A detailed description of the proposed plan of operation of the proposed
transferee, which shall include, but not be limited to the following:
30
mR DISCUSSION PURPOSES ONLY
(i) A detailed map indicating all new areas proposed to be served, a
proposed time schedule for the installation of all equipment necessary to become operational
throughout the new areas to be served, and the projected total cost for new construction of the
system.
(ii) A statement or schedule setting forth all proposed products and
services to be made available and classifications of rates and charges to be made against subscribers
and all rates and charges and to each of any said classifications, including installation charges,
service charges, equipment charges, special, extraordinary, or other charges.
4. Upon request, the proposed purchase price of the cable system, and the terms
and conditions of the proposed transfer.
Section 31. Ren ' .
The provisions of Ordinance No. 97-20 as amended by ordinance No. 98- shall govern
any and all proceedings to renew this franchise. If Franchisee decides to initiate a formal renewal
process in accordance with Section 626(a)-(g) of the Communications Act, 47 U.S.C. § 546(a)-(g),
it and the City must comply with each of the requirements in the Communications Act as well as the
additional requirements set forth in Section 9 and 22 of Ordinance No. 97-20 as amended by
ordinance No. 98- __ to the extent such requirements are not prohibited by applicable law.
Section 32. Ratea.
A. Nothing in Ordinance No. 97-20 as amended by ordinance No. 98- __ or this
Franchise Agreement shall prohibit the City from regulating rates for cable service, installation,
disconnection, and equipment rental to the full extent permitted by and consistent with State and
31
FOR DISC SiON PURPOSES ONLY
Federal law.
B. Franchisee further agrees that it shall not increase rates or charges for basic cable
service, installation, disconnection, or equipment rental without at least thirty (30) days prior notice
to subscribers and the City.
C. Pursuant to Section 20 of Ordinance No. 97-20 as amended by ordinance No. 98-
, Franchisee shall at all times charge nondiscriminatory rates throughout the City.
D. Franchisee shall not engage in predatory pricing or any other anti-competitive
business practice as defined by applicable law.
Section 33. Secttrity_Eund.
A. Pursuant to Section 12 of the Ordinance, Franchisee shall provide the City a security
fund or in the alternative a corporate guarantee or letter of credit in the amount of $25,000 as security
for the faithful performance of all provisions of the Franchise Agreement, Ordinance No. 97-20 as
amended by ordinance No. 98- of the City, and all applicable State and Federal law. If such
security fund or letter of credit is not furnished to the City within sixty (60) days of the date of
Council resolution approving the grant of the Franchise, then Franchisee shall pay to the City
Manager a fine in the amount of Five Hundred Dollars ($500) per day, beginning on the 61st day,
until the date on which the security fired or letter of credit is received by the City. In the event said
guarantee or letter of credit is not received within sixty (60) days of the date after the Commission
resolution approving the grant of the Franchise, this Franchise Agreement and the grant of the
Franchise may be revoked pursuant to the procedures set forth in Ordinance 97-20 as amended by
ordinance No. 98-
32
FOR DiSCUSSiON PU SES ONLY
B. If thirty (30) calendar days after written notice Franchisee fails to pay to the City any
fees or taxes due and unpaid, or any liquidated damages, damages, costs or expenses that the City
has incurred by reason of any act, omission or default of Franchisee in connection with this
Franchise Agreement or Ordinance No. 97-20 as amended by ordinance No. 98- , the City may
immediately withdraw that amount, with interest and any costs, from the security fund or make such
equivalent claim against the guarantee. Upon such withdrawal or claim, the City shall notify
Franchisee in writing of the amount and date of the withdrawal.
C. Within thirty (30) calendar days after notice to Franchisee that an amount has been
withdrawn by the City from the security fund, Franchisee shall restore the security fund to its
original amount. If Franchisee fails to restore the security fund to the original amount within that
thirty (30) calendar day period, such failure shall be considered a material breach of this Franchise
Agreement and a violation of Ordinance No. 97-20 as amended by ordinance No. 98- , and shall
constitute grounds for revocation of the franchise or other enforcement action by the City.
D. Where a corporate guarantee or letter of credit is provided in lieu of a security fund,
Franchisee shall pay the City the amounts of all claims against said guarantee within thirty (30)
calendar days after notice of such claim, maintaining the guarantee at its original amount. If
Franchisee fails to pay the City the amount of any claim within thirty (30) days after notice to the
Franchisee of the claim paid or fails to restore the guarantee to its original amount, such failure may
be considered a material breach of this Franchise Agreement and a violation of Ordinance No.97-20
as amended by ordinance No. 98- , and shall constitute grounds for revocation of the franchise
or other enforcement action by the City.
33
FOR DISCUSSION PURPOSES ONLY
E. Franchisee is entitled to return of the balance of the security fund that remains
following any other form of expiration of the franchise, including denial of renewal, provided that
there is no outstanding default and less any unpaid amounts owed to the City by Franchisee and any
amount that is the subject of a pending dispute between the City and Franchisee.
F. If the Franchise terminates for reasons other than revocation, any security fund or
corporate guarantee will be maintained by the Franchisee for one (1) year from the date of
termination and the remaining fund will be returned to Franchisee one (1) year from the termination
date of the Franchise, provided there is no outstanding default or unpaid amounts owed to the City
by Franchisee. '
G. The rights reserved to the City under this Section are in addition to all other fights
of the City, whether reserved in this Franchise Agreement or in Ordinance No. 97-20 as amended
by ordinance No. 98- , or authorized by other law, and no action, proceeding or exercise of a
fight with respect to the security fund will affect any other fight the City may have.
Section 34. E n fo r£emenLRem~die~.
A. Liq~datedDamages. Because the City may suffer damages from any violation by
Franchisee of this Agreement or of Ordinance No. 97-20 as amended by ordinance No. 98-
which damages may be difficult to quantify, the City and Franchisee agree to the following schedule
of liquidated damages:
1. For failure to install, operate and maintain the cable system as required by
Sections 12(A) and 13(A) hereof, unless the City specifically approves a delay caused by the
occurrence of conditions beyond Franchisee's control. Franchisee shall pay to the City One
34
DISCUSSION PU SES ONLY
Thousand Dollars ($1,000) per day for each day or part thereof, the deficiency continues.
2. For material failure to provide data, documents, reports or information in a
timely manner as required by this Franchise Agreement or by Ordinance No. 97-20 as amended by
ordinance No. 98- __ or as requested by the City consistent with FCC mles and regulations and
all other applicable law, Franchisee shall pay Two Hundred Fifty Dollars ($250.00) per day, or part
thereof, that each violation occurs or continues. For non-proprietary information, a violation would
be deemed to have occurred when Franchisee fails to provide information by the date requested by
the City. If the information requested is considered proprietary by a court of competent jurisdiction,
no fine shall be imposed. For proprietary information, a violation would be deemed to have occurred
if the City disagrees with the Franchisee's explanation as to why the material is proprietary and a
final decision of a court of competent jurisdiction upholds the City's determination.
3. For failure to comply with any other provision of Ordinance No. 97-20 as
amended by ordinance No. 98- , or failure to comply with any other material provision of this
Franchise Agreement other than those specifically referenced above, or failure to comply with any
lawful order of the City within thirty (30) days of receipt of notice of such non-compliance from the
City, Franchisee shall pay Two Hundred Fifty Dollars ($250) per day for each day, or part thereof,
that such non-compliance continues.
B. Before assessing liquidated damages against Franchisee, the City shall give
Franchisee written notice of the alleged violation and its intention to assess such damages, which
notice shall contain a description of the alleged violation. Following receipt of such notice,
35
DiSC SION Pi R SES ONLY
Franchisee shall cure or commence to cure and the Franchisee and the City shall have a thirty (30)
day period during which time Franchisee and the City shall make good faith reasonable efforts to
resolve the dispute in question. If the dispute is not resolved in that thirty (30) day period, the City
may after a public hearing collect liquidated damages owed, either through draw-down of the
security fund as provided in Section 33 of this Agreement, or through any other means allowed by
law provided however that no fines or liquidated damages shall be assessed while litigation is
pending in a court of competent jurisdiction.
C. I~cv~ation or~c~xninat~ of Franchise. Franchisee's franchise is subject to
revocation pursuant to Section 24 of Ordinance No. 97-20 as amended by ordinance No. 98-
for any of the reasons set forth therein. In the event the City exercises its right to revoke the
franchise, the procedures set forth in Section 24 of Ordinance No. 97-20 as amended by ordinance
No. 98- shall apply.
Section 35. Area wide-lntercannection.
A. The City may request Franchisee to interconnect with any or all other cable systems
located .within the City or serving subscribers within the City. Interconnection of systems shall
permit interactive transmission and reception of program material, and may be done by direct cable
cormection, microwave link, satellite, or other appropriate method.
B. Upon receiving the request of the City to interconnect with cable systems, Franchisee
shall, where it does not own the affected system or systems, immediately initiate good faith
negotiations with the operators of the other affected system or systems in order that costs for
construction and operation of the interconnection link may be shared equitably among the systems.
36
FOR DiSCUSSi ON PURPOSES ONLY
Franchisee shall report to the City the results of such negotiation no later than thirty (30) days
after the City's request. Where Franchisee owns the affected system, Franchisee shall report to the
City on the timing, method and cost ofinterconnection within thirty (30) days of the City's request.
C. The Franchisee may be granted reasonable extensions of time to interconnect. The
City shall rescind its request to interconnect upon petition by the Franchisee to the City, if the City
finds that (1) the Franchisee has negotiated in good faith and has failed to obtain an approval from
the system or systems of the proposed interconnection; or (2) the cost of the intercom~ection would
be unreasonably high.
D. Franchisee shall make all reasonable efforts to cooperate with any designated access
organization, interconnection corporation, regional interconnection authority or City, county,
state or federal regulatory agency which may be hereafter established for the purpose of regulating,
financing, or otherwise providing for the interconnection of cable systems beyond the
boundaries of the franchise area.
Section 36. Wr itt earn o ti c ~IAccegt an~c e.
Within thirty (30))days of the Council resolution approving the grant of this franchise,
Franchisee shall provide the City Manager with written acceptance of all the terms and conditions
of this Franchise Agreement. Franchisee's failure to comply in full with this Section shall render this
Franchise Agreement and the franchise null and void with no further action by the City, unless the
City Manager agrees in writing to extend such period.
Section 37. Execution in Connterpart.
This Franchise Agreement may be executed in counterpart.
DiSCUSSiON PURPOSES ONLY
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first written above.
WITNESSES:
CITY OF AVENTURA, FLORIDA, a
municipal corporation of the State
of Florida
AS TO "CITY"
BY:
ERIC M. SOROKA
CITY MANAGER
AS TO "CITY"
ATTEST:
ENDORSED AS TO FORM AND LEGALITY
FOR THE USE AND RELIANCE OF THE
CITY OF AVENTURA, FLORIDA ONLY
TERESA M. SMITH
CITY CLERK
WITNESSES:
CITY ATTORNEY
AGREED TO AND ACCEPTED BY
FRANCHISEE:
AS TO "FRANCHISEE"
AS TO "FRANCHISEE"
BY:
DATE:
38
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council y~~a~
Eric M. Soroka, Cit
March 13, 1998
Ordinance Repealing Ordinance No. 98-02 - Non-Resident Fee Policy
for Use of Aventura Founders Park
Ist Reading March 17, 1998 City Council Meeting Agenda Item
2"d Reading April 7, 1998 City Council Meeting Agenda Item
RECOMMENDATION
As per the City Council's motion at the March 3, 1998 Council Meeting, attached hereto
is an Ordinance repealing Ordinance No. 98-02 and authorizing the City Manager to
establish, by administrative Policy, fee schedules for park or park facilities usage.
In addition, in accordance with the City Council's motion, the Administrative Policy for
Aventura Founders Park shall be as follows:
Charge no admission fee for non-residents. Only charge a non-resident fee for
the use of the tennis courts and baseball field. League play permitted by the
City, would not involve a non-resident fee.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0520-98
ORDINANCE NO. 98-._
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
REPEALING ORDINANCE NO. 98-02 WHICH ESTABLISHED
A RESIDENCY POLICY FOR UTILIZATION OF AVENTURA
FOUNDERS PARK TO PROVIDE PRIORITY TO CITY
RESIDENTS AND ESTABLISHED A FEE SCHEDULE FOR
NON-RESIDENTS; AUTHORIZING THE CITY MANAGER TO
ESTABLISH, BY ADMINISTRATIVE POLICY, FEE
SCHEDULES FOR PARK OR PARK FACILITIES USAGE;
PROVIDING FOR SEVERABILITY, INCLUSION IN THE
CODE AND AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 98-02 established a residency policy for utilization of
Aventura Founders Park to provide priority to City residents and established a fee schedule
for non-residents; and
WHEREAS, this Commission has determined it to be in the best interest of the City
of Aventura to repeal Ordinance No. 98-02 in its entirety and to authorize the City Manager
to establish, by Administrative Policy, fee schedules for park or park facilities usage.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA THAT:
Section 1. Reoeal. Ordinance No. 98-02 which established a residency policy for
utlization of Aventura Founders Park to provide priority to City residents and established a
fee schedule for non-residents is hereby repealed in its entirety.
Section 2. The City Manager is authorized to establish, by Administrative Policy,
fee schedules for park or park facilities usage.
Section 3. Severabilitv. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
Ordinance No. 98-
Page 2
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 4, Inclusion in the Code. It is the intention of the City Commission, and it
is hereby ordained that the provisions of Section 2 of this Ordinance shall become and
made a part of the Code of Aventura, Florida; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 5. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner ,
who moved its adoption on first reading. This motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Pedow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur 1. Snyder
The foregoing Ordinance was offered by Commissioner , who moved
its adoption on second reading. The motion was seconded by Commissioner ,
2
Ordinance No. 98-__
Page 3
and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 17th day of March, 1998.
PASSED AND ADOPTED on second reading th~s 7 day of April, 1998.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
3
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
City Commission y ~~a a~
Eric M. Soroka, C~t
March 13, 1998
Resolution In Support of Adult Education Classes
March 17, 1998 City Commission Agenda Item
As per your request, attached you will find a Resolution which urges the State
Legislature and Miami-Dade County School Board to continue to provide adult
education classes as presently offered.
Should you have any questions, please call me.
EMS/tms
attachment
RESOLUTION NO. 98-__
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA URGING THE STATE
LEGISLATURE TO CONTINUE FUNDING FOR ADULT
EDUCATION CLASSES; URGING THE MIAMI-DADE
COUNTY SCHOOL BOARD TO CONTINUE ADULT
EDUCATION CLASSES AS PRESENTLY OFFERED; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, adult education classes have been offered to residents of Miami-
Dade County since the 1930s; and
WHEREAS, this Commission finds it to be in the best interest of its residents that
the adult education program continue as presently provided for the education and
enjoyment of its residents who utilize these programs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission urges the State Legislature to provide
appropriate levels of funding and flexibility as needed by the public school districts to
continue to offer adult education classes to seniors as presently provided for.
Section 2. The City Commission urges the Miami-Dade County School Board
to continue adult education classes and appropriate funding accordingly.
Section3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner , who
moved its adoption. The motion was seconded by Commissioner , and
upon being put to a vote, the vote was as follows:
Resolution No. 98-__
Page 2
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 17th day of March, 1998.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
THE CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Eric M. Soroka, Ciy~
Jules Bevis, Administr~
March 12, 1998
stant to
Adult Education Classes
the City Manager ~
I spoke with Mr. Leyva with Dade County Public Schools regarding the adult education
classes offered to seniors. Adult education classes have been offered to residents of
Dade County since the 1930's, and the School Board wishes to continue offering
classes to residents of all ages.
The State Legislature, through House Bill 4131, is proposing that all post-secondary
classes be offered through Miami-Dade Community College instead of the School
Board. The School Board is opposing this bill. If they continue to offer these classes
however, and face budget cuts from the State, they will not be offering the classes free
to seniors.
Seniors sign up for classes through community centers, which are run by the School
Board. The community center utilized by Aventura residents is the North Miami Adult
Center. The center coordinates the classes with the teachers and, in some instances,
sends them to the condominiums to conduct classes. On average, the classes cost the
School Board $4/hour per resident. The total budget for Adult Education classes
offered countywide is around $200,000 according to Mr. Leyva.
If the Legislature passes HB 4131, the community centers will be utilized by elementary
and high schools to ease school crowding. There would be no guarantee that Miami-
Dade Community College would continue offering adult education classes to seniors
free of charge.
It may be appropriate for the Council to also urge the State Legislature to support adult
education classes for seniors, when taking up HB 4131 or when passing the education
budget within the appropriations bill this Session.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Council
FROM: Eric M. Soroka,
DATE: March 11, 1998
SUBJECT:
Proposed Alcoholic Beverages Ordinance
Ist Reading March 17, 1998 City Council Meeting Agenda Item
2nd Reading April 7, 1998 City Council Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Council adopt the attached Alcoholic Beverages
Ordinance, which will replace the County Ordinance and addresses the specific needs
of the City of Aventura. The Ordinance restricts and regulates the location of place of
businesses and hours and days of the sale of alcoholic beverages.
BACKGROUND
The City Council had requested the City Attorney's office and I prepare an Alcoholic
Beverages Ordinance that is more conducive to the particular needs of the City and in
some cases more restrictive than the County's current Ordinance.
The following outlines the major points of the Ordinance:
Location of Establishments
Distance from other establishments. Unless approved as a special exception, no
premises shall be used for the sale of any alcoholic beverages, as defined herein, to
be consumed on or off the premises where the structure or place of business
intended for such use is located less than fifteen hundred (1,500) feet from a place
of business having an existing, unabandoned, legally established (and not one of
the uses excepted from the spacing requirements hereinafter provided) alcoholic
beverage use which permits consumption on or off the premises. (Same as County
Ordinance).
Distance From Church or Public School. Unless approved as a special
exception, no premises shall be used for the sale of alcoholic beverages to be
consumed on or off the premises where the structure or place of business intended
for such use is located less than twenty-five hundred (2,500) feet from a chumh or
public school. (Same as County Ordinance).
Nonconforming Uses. Any uses, created and established in a legal manner, which
may thereafter become legally nonconforming, may continue until there is an
abandonment. Once a nonconforming use is abandoned it cannot be re-established
unless it can conform to the requirements of this chapter. Abandonment shall
consist of a change of use or of a suspension of active business with the public for a
period of not less than three (3) months, or prior to the end of the period, on a
written declaration of abandonment by the tenant and owner of the premises if
under lease, and if not, by the owner. (Same as County Ordinance).
4. Exceptions to spacing and distance requirements.
a. PRIVATE CLUBS (Same as County Ordinance)
b. RESTAURANTS IN BU-1, BU-1A ZONING DISTRICTS. (Same as
County Ordinance)
c. COCKTAIL LOUNGES IN RESTAURANTS. Contain all necessary
equipment and supplies for and serve full course meals regularly, and
have accommodations for service of two hundred (200) or more
patrons at tables, including bars or counters at which full course meals
are available, and provided the restaurant occupies more than four
thousand (4,000) square feet of floor space. (new)
d. BEER AND WINE FOR OFF-PREMISES CONSUMPTION. (Same as
County Ordinance)
e. ALCOHOLIC BEVERAGES IN BOWLING ALLEYS. (new)
f. HOTELS AND MOTELS WHICH CONTAIN AT LEAST ONE
HUNDRED (100) GUEST ROOMS UNDER THE SAME ROOF. (new)
g. GOLF COURSE CLUBHOUSES AND REFRESHMENT STANDS
LOCATED ON SAID GOLF COURSE. (Same as County Ordinance)
h. TENNIS CLUBS AND INDOOR RACQUETBALL CLUBS. (Same as
County Ordinance)
i. NOT-FOR-PROFIT THEATRES WITH LIVE PERFORMANCES.
(Same as County Ordinance)
Expansion of Nonconforming Use. Legally existing alcoholic beverage uses
made nonconforming by reason of the regulations establishing distance restrictions
between such uses, or any of them, or between any such uses and churches or
schools, shall not be expanded unless and until such expansion shall have been
approved by the City Council as a non-use variance after a public hearing.
"Expansion" as used herein, shall include the enlargement of space for such use
and uses incidental thereto, and the extension of a beer and wine bar to include
intoxicating liquors. (Same as County Ordinance, except that non-use variance
standard is specified).
Certificate void after sixty (60) days if premises not established. All alcoholic
beverage uses must be established on the premises within sixty (60) days of the
date of the issuance of a certificate of use and occupancy, otherwise said certificate
of use and occupancy shall be null and void. (Same as County Ordinance)
Hours and Days of Sale
Package Sales - No sales on Sundays, 8 a.m. to 10 p.m. 12 a.m. on Christmas and
New Years.
All other alcoholic beverage sales - allowed from 8 a.m. to 1 a.m.
Current County Ordinance allows nightclubs to serve until 4:50 a.m. This will not be
allowed under the proposed Ordinance.
Any establishment wishing to extend its hours of operation beyond the closing times
in the Ordinance may file for a public hearing before the City Council.
Any establishment having previously been authorized to extend its hours of
operation by public hearing may continue to operate pursuant to the extension
granted previously and no further public hearing is necessary, unless the City
Council, by ordinance, acts to further restrict or terminate such extended hours,
under principles which are applicable to the amortization and termination of lawfully
non-conforming status.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0519-98
ORDINANCE NO..
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING THE CITY CODE BY CREATING
CHAPTER 4 OF THE CITY CODE "ALCOHOLIC
BEVERAGES"; PROVIDING FOR THE REGULATION OF
HOURS AND DAYS OF SALE AND LOCATION OF
PLACE OF BUSINESS FOR SALE OF ALCOHOLIC
BEVERAGES; PROVIDING FOR DEFINITIONS;
REPLACING COUNTY ZONING RESTRICTIONS ON
HOURS AND DAYS OF SALE AND LOCATION OF
PLACE OF BUSINESS, MAINTAINING COUNTY ZONING
DISTRICT REGULATIONS; PROVIDING FOR
REGULATION OF CONDUCT CONCERNING HOURS AND
DAYS OF SALE; PROVIDING FOR INSPECTIONS;
PROVIDING FOR SEVERABILITY, PENALTY, INCLUSION
IN THE CODE AND AN EFFECTIVE DATE.
WHEREAS, state law recognizes the power of counties and municipalities to
regulate the location of place of business for sale of alcoholic beverages and the hours
and days of sale of such alcoholic beverages; and
WHEREAS, the Miami-Dade County Code provides certain restrictions on the
location of the place of business and upon the hours and days of sale of alcoholic
beverages; and
WHEREAS, the City Commission finds that it is necessary to restrict and regulate
the location of place of business and hours and days of sale of alcoholic beverages, as
provided herein, so as to protect and enhance the quality of life in the City;
WHEREAS, in accordance with Ordinance 96-27 of the City of Aventura, the City
Commission has been designated as the local planning agency for the City pursuant to
Section 163.3174, Florida Statutes; and
Ordinance No. 98-__
Page 2
WHEREAS, the City Commission has reviewed the regulations set forth in this
Ordinance and has determined that such regulations are consistent with the applicable
provisions of the Comprehensive Plan of Miami-Dade County, as made applicable to
the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That the City Code is hereby amended by adopting and creating
Chapter 4 "Alcoholic Beverages," to read as follows:
CHAPTER 4
ALCOHOLIC BEVERAGES
Section 4-1. Definitions.
For the purposes of this Chapter, the following words shall have the
meanings indicated unless their context clearly requires otherwise:
(a) Alcoholic beverages. The term "alcoholic beverages" shall
be as defined by Section 561.01 (4), Florida Statutes.
(b) Beer. The word "beer" shall be as defined in Section
563.01, Florida Statutes.
(c) Wine. The word "wine" shall be as defined in Section
564.01, Florida Statutes.
(d) Other terms utilized in this Chapter shall be defined as
provided in the State Beverage Law designated in Section 561.01(6),
Florida Statutes or in Section 33-1 of the Miami-Dade County Code, if not
defined in the State Beverage Law.
Section 4-2. Location of establishments.
(A) Distance from other establishments. Unless approved as a
special exception, no premises shall be used for the sale of any alcoholic
beverages, as defined herein, to be consumed on or off the premises
Ordinance No. 98-.._
Page 3
where the structure or place of business intended for such use is located
less than fifteen hundred (1,500) feet from a place of business having an
existing, unabandoned, legally established (and not one of the uses
excepted from the spacing requirements hereinafter provided) alcoholic
beverage use which permits consumption on or off the premises. The
fifteen hundred (1,500) feet distance requirements shall be measured by
following a straight line from the nearest portion of the structure of the
place of business.
(B) Distance from church or public school. Unless approved as
a special exception, no premises shall be used for the sale of alcoholic
beverages to be consumed on or off the premises where the structure or
place of business intended for such use is located less than twenty-five
hundred (2,500) feet from a church or public school. The twenty-five-
hundred foot distance requirement shall be measured and computed as
follows:
(1) From a church, the distance shall be measured by
following a straight line from the front door of the proposed place of
business to the nearest point of the church structure, and
(2) From a public school, the distance shall be measured
by following a straight line from the front door of the proposed place of
business to the nearest point of the school grounds.
(C) Compliance prerequisite to issuance of licenses, permits and
certificates. No certificate of use or occupancy, license, building or other
permit shall be issued to any person, firm or corporation for the sale of
alcoholic beverages to be consumed on or off the premises where the
proposed place of business does not conform to the requirements of
subsections (A) and (B) above.
(D) Any uses, created and established in a legal manner, which
may thereafter become legally nonconforming, may continue until there is
an abandonment. Once a nonconforming use is abandoned it cannot be
re-established unless it can conform to the requirements of this chapter.
Abandonment shall consist of a change of use or of a suspension of active
business with the public for a period of not less than three (3) months, or
prior to the end of the period, on a written declaration of abandonment by
the tenant and owner of the premises if under lease, and if not, by the
owner.
(E). Exceptions to spacing and distance requirements. The
restrictions and spacing requirements set fodh in subsections (A) and (B)
above shall not apply:
Ordinance No. 98-~
Page 4
(1) To private clubs, provided such clubs conform to all
the requirements of a private club as stated in the State Beverage Law
and other applicable State laws, and providing that there are no signs of
any type exhibited or displayed or other indications that can be seen from
the exterior of the clubhouse, building or structure that alcoholic beverage
are served. Before a certificate of use and occupancy to serve alcoholic
beverages will be issued, the applicant must submit necessary data to
prove that it is eligible for the use and complies with the State Beverage
Law or other applicable State laws; provided, anything to the contrary
notwithstanding, these requirements must be complied with, even though
the club intends to serve only beer and/or wine.
(2) RESTAURANTS IN BU-1, BU-1A ZONING
DISTRICTS. To dining rooms or restaurants located in the BU-I or BU-1A
Zoning Districts and which do not comply with subparagraph (4) below,
but which comply with the requirements of such districts and serve
cooked, full course meals, daily prepared on the premises, or such other
dining rooms or restaurants in other more liberal zoning districts complying
with the requirements of the BU- I or BU-IA District and which serve
cooked, full course meals, daily prepared on the premises, providing that
only a service bar is used and the sale of alcoholic beverages are sold
only to persons seated at tables.
(3) COCKTAIL LOUNGES IN RESTAURANTS. To
cocktail lounges in restaurants which restaurants contain all necessary
equipment and supplies for and serve full course meals regularly, and
have accommodations for service of two hundred (200) or more patrons at
tables, including bars or counters at which full course meals are available,
and provided the restaurant occupies more than four thousand (4,000)
square feet of floor space.
(4) BEER AND WINE FOR OFF-PREMISES
CONSUMPTION. To the sale of beer and wine as a grocery item for
consumption off the premises, from grocery stores and meat markets
within the hours adopted and prescribed by the City Commission.
(5) ALCOHOLIC BEVERAGES IN BOWLING ALLEYS.
(a) Where the bowling alley has facilities for the
service of food and beverages and has accommodations for at
least sixty (60) patrons at tables, and
(b) Provided that the bowling alley secures an
alcoholic beverage license from the State of Florida pursuant to
Florida Statute 561.20(2)(c).
4
Ordinance No. 98-__
Page 5
(6) HOTELS AND MOTELS WHICH CONTAIN AT
LEAST ONE HUNDRED (100) GUEST ROOMS UNDER THE SAME
ROOF.
(7) GOLF COURSE CLUBHOUSES AND
REFRESHMENT STANDS LOCATED ON SAID GOLF COURSE.
Provided a bona fide regular, standard golf course is maintained and
consists of at least nine (9) holes, with clubhouse, locker rooms and
attendant golf facilities and comprising in all at least one hundred (100)
acres of land. Failure of such club to maintain the golf course, clubhouse
and golf facilities shall automatically terminate the privilege of selling
alcoholic beverages.
(8) EXCURSION, SIGHTSEEING OR TOUR BOATS. To
excursion, sightseeing or tour boats, providing the operators thereof obtain
a State beverage license for such boats, the same being designated as
their place of business, upon compliance with all the laws relating to
vendors operating places of business where consumption on the premises
is permitted; provided that such excursion, sightseeing or tour boats
contain all the necessary equipment and supplies in order to, and do,
serve full course meals regularly, and have accommodations at all times
for the service of two hundred (200) or more patrons at tables and
occupying more than four thousand (4,000) square feet of space.
(9) TENNIS CLUBS AND INDOOR RACQUETBALL
CLUBS. To any chartered or incorporated club owning or leasing and
maintaining any bona fide tennis club or four-well indoor racquetball club
consisting of not less than ten (10) regulation-size tennis courts or ten (10)
regulation-size four-wall indoor racquetball courts, or a combination of
tennis courts and four-wall indoor racquetball courts numbering fifteen
(15), with clubhouse facilities, pro shop, locker rooms, and attendant
tennis or racquetball facilities, all located on a contiguous tract of land
owned or leased by such club and providing that there are no signs of any
type exhibited or displayed or other indications that can be seen from the
exterior of the clubhouse, building or structure that alcoholic beverages
are served
(IO) NOT-FOR-PROFIT THEATRES WITH LIVE
PERFORMANCES. To any State-chartered not-for-profit legal entity
organized principally for the purpose of operating a theatre with live stage
performances and with not fewer than one hundred (100) seats. Sales of
alcoholic beverages shall be permitted only for consumption on the
premises and only to patrons during any regularly scheduled live theatre
performance. No sit-down bar shall be permitted.
Ordinance No. 98-__
Page 6
(F) Prerequisites to use of premises as exception. For the
purpose of this chapter, the right to use premises for the sale of beer, wine
or liquor for consumption on, or off, such premises shall be established at
such time as a building permit is issued, the application for which states
that such use is to be established, and provided the structure for which the
building permit was issued is completed, and an occupancy permit issued
for such use within the time prescribed for the completion of said structure
under these regulations. In cases where the use is to be established in an
existing structure, such use will be considered as existing at such time as
the occupancy permit for such use has been issued, provided the use has
been established within the time prescribed in the permit.
(G) Sketch indicating location. For the purpose of establishing
the distance between alcoholic beverage uses, and between such uses
and churches or public schools, the applicant for such use shall furnish a
certified sketch of survey from a registered engineer or surveyor. Such
sketch shall indicate the distance between the proposed place of business
and any existing alcoholic beverage establishment within 2,000 feet, and
any church or school within 3,000 feet. Each sketch shall indicate all such
distances and routes. In case of dispute, the measurement scaled by the
City shall govern.
(H) Expansion of nonconforming use. Legally existing alcoholic
beverage uses made nonconforming by reason of the regulations
establishing distance restrictions between such uses, or any of them, or
between any such uses and churches or schools, shall not be expanded
unless .and until such expansion shall have been approved by the City
Commission as a non-use variance after a public hearing. "Expansion"
as used herein, shall include the enlargement of space for such use and
uses incidental thereto, and the extension of a beer and wine bar to
include intoxicating liquor.
Nothing herein, however, shall be deemed an attempt to modify any
prohibition or make less restrictive any requirement imposed by the laws
of the State of Florida.
(I) Certificate void after sixty (60) days if premises not
established. All alcoholic beverage uses must be established on the
premises within sixty (60) days of the date of the issuance of a certificate
of use and occupancy, otherwise said certificate of use and occupancy
shall be null and void.
(J) Compliance prerequisite to issuance of license. Anything to
the contrary notwithstanding, no alcoholic beverage license of any type
may be used in a manner contrary to this chapter. No license shall be
issued by the State unless a current certificate of use or occupancy in the
Ordinance No. 98-._
Page 7
applicant's name accompanies the application. The license as issued
shall note thereon any special limitations or restrictions applicable due to
the zoning on the property.
Section 4-3. Hours and days of sale.
No alcoholic beverages shall be sold or served except at such
hours and on such days and by such vendors as set forth below:
(a) Establishments for package sales only. Vendors holding a
license from the State beverage department for the sale of alcoholic
beverages for consumption off the premises only, shall make no sale of
alcoholic beverages on Sundays, and shall make no sale of alcoholic
beverages on other days except between the hours of 8:00 a.m. and
10:00 p.m.; provided, however, that vendors operating stores primarily for
the sale of products other than alcoholic beverages (excepting such stores
as are nonconforming under the zoning regulations)may make sales of
beer in sealed containers for consumption off the premises during such
hours as their stores legally remain open for the sale of other goods;
provided further, however, that nothing in the foregoing provision shall be
deemed to modify any of the provisions of the zoning district regulations
as heretofore or hereafter adopted.
(b) Vendors holding a license from the State beverage
department for the sale of alcoholic beverages for consumption on the
premises in private clubs shall make no sale of such alcoholic beverages
except between the hours of 8:00 a.m. and 1:00 a.m. of the following day.
(c) Hotels and motels. Vendors holding a license from the State
beverage department for the sale of alcoholic beverages for consumption
on the premises in hotels and motels shall make no sales of such
alcoholic beverages except between the hours of 8:00 a.m. and 1:00 a.m.
of the following day.
(d) Bars and cocktail lounges. Vendors having a license from
the State beverage department for the sale of alcoholic beverages for
consumption on the premises of bars and cocktail lounges shall make no
sales of such alcoholic beverages except between the hours of 8:00 a.m
and 1:00 a.m. of the following day.
(e) Package sales on Christmas Eve and New Year's Eve. All
vendors holding valid, current licenses from the State beverage
department for sale of alcoholic beverages for consumption off the
premises (establishments for package sales only) may make sales and
keep their places of business open until 12:00 midnight on Christmas Eve
(December 24th) and New Year's Eve (December 31st).
7
Ordinance No. 98-__
Page 8
(f) Golf courses clubhouse and ancillary refreshment stands.
Vendors holding a license from the State beverage department for the
sale of alcoholic beverages for consumption on the premises in lounges in
golf course clubhouses and ancillary refreshment stands shall make no
sales of such alcoholic beverages except between the hours of 8:00 a.m.
and 1:00 a.m. of the following day.
(g) Not-for profit theatres with live performances. Vendors
holding a license from the State beverage department for the sale of
alcoholic beverages for consumption on the premises in State chartered
not-for-profit theatres with live performances shall make no sale of
alcoholic beverages except between the hours of 8:00 a.m. and 1:00 a.m.
on the following day.
(h) Extension of hours. Any establishment wishing to extend its
hours of operation beyond the closing times set out herein may file an
application for City Commission public hearing for the extension of such
hours. The criteria applicable to the grant of such extended hours shall be
that which is applicable to the grant of a non-use zoning variance.
Any establishment having previously been authorized to extend its
hours of operation by public hearing may continue to operate pursuant to
the extension granted previously and no further public hearing is
necessary, unless the City Commission, by ordinance, acts to further
restrict or terminate such extended hours, under principles which are
applicable to the amortization and termination of lawfully non-conforming
status.
Section 4-4. Hours of Sale, Consumption.
(a) (1) It shall be unlawful for any person to purchase and for any
licensee and any manager, agent or employee of any licensee to sell,
serve or distribute in any form or by any method any alcoholic beverage,
in any place of business licensed under the State Beverage Law, at any
time other than during the hours and days of sale or consumption
authorized in Section 4-3 above.
(2) it shall be unlawful for any person to consume and for any
licensee and any manager, agent or employee of any licensee to permit a
person to consume any alcoholic beverage, in any place of business
licensed under the State Beverage Law, at any time other than during the
hours and days of sale or consumption authorized in Section 4-3 above.
(b) No employee of a licensee shall sell or offer for sale or deliver or
serve or permit to be consumed or taken away, any beers, wines, liquors,
Ordinance No. 98-__
Page 9
or alcoholic beverages of any kind other than during the permitted hours
and days set forth above.
Section 4-5, Inspection of licensed premises.
Any place of business selling alcoholic beverages may be
inspected by police officers of the City during the business hours of the
premises.
Section 4-6. Zoning District Regulations.
Pursuant to Section 8.03 of the City Charter and City Ordinance
No. 97 -15, those portions of Chapter 33 of the Miami-Dade County Code
which provide specific zoning district regulations concerning
establishments selling or serving alcoholic beverages, shall continue to be
applicable in the City, unless in conflict with the restrictions of this
ordinance or if otherwise provided by ordinance of the City.
Section 2. Replacement of County Code Provisions. The restrictions upon the
location of alcoholic beverage establishments and hours and days of sale, service or
consumption of alcoholic beverages, as provided in this ordinance, shall replace the
location of establishments and hours and days of sale, service or consumption
restrictions previously provided by Section 33-150 and 33-151, et. seq. of Chapter 33
"Zoning" of the Miami-Dade County Code, as made applicable by City Charter Section
8.03, and Ordinance No. 97-15, except that such County restrictions shall continue to
apply to any violation thereof which has occurred prior to the effective date of this
ordinance.
Section 3. Severabilit¥. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
Ordinance No. 98-__
Page 10
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Penalty. Any person who violates any provisions of this Ordinance
shall, upon conviction, be punished by a fine not to exceed $500.00 or imprisonment in the
County jail not to exceed sixty (60) days or both such fine and imprisonment. Each day
that a violation continues shall be deemed a separate violation. This Ordinance shall be
subject to enforcement under the Local Government Code Enforcement Act, Chapter 162,
F.S., as amended, and Ordinance No. 96-14, as amended. Enforcement may also be by
suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction.
Section 5. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner , who
moved its adoption on first reading. This motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Commissioner , who moved
its adoption on second reading. The motion was seconded by Commissioner ,
and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Ken Cohen
l0
Ordinance No. 98-__
Page 11
Commissioner Harry Holzberg
Commissioner Jeffrey Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 17th day of March, 1998.
PASSED AND ADOPTED on second reading this 7th day of April, 1998.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
ZONING § 33-150
(d) The word "owner" as used in this article
shall include owners of the fee, lessee and "agent
in charge."
(Ord. No. 57-19, § 32(L), 10-22-57)
ARTICLE X. ALCOHOLIC BEVERAGES*
Sec. 33-150. Location of establishments.
(A) Distance from other establishments. Unless
approved as a special exception (Section 33-
311(d)), no premises shall be used for the sale of
any alcoholic Leverages, as defined herein, to be
consumed on or offthe premises where the struc-
ture or place of business intended for such use is
located less than fifteen hundred (1,500) feet from
a place of business having an existing,
unabandoned, legally established (and not one of
the uses excepted from the spacing requirements
hereinafter provided) alcoholic beverage use which
permits consumption on or off the premises. The
fifteen hundred (1,500) feet distance require-
ments shall be measured by following a straight
line from the nearest portion of the structure of
the place of business.
(B) Distance from church or school. Unless
approved as a special exception (Section 33-
311(d)), no premises shall be used for the sale of
alcoholic beverages to be consumed on or off the
premises where the structure or place of business
intended for such use is located less than twenty-
five hundred (2,500) feet from a church or public
school. The twenty-five-hundred-foot distance re-
quirement shall be measured and computed as
follows:
(1) From a church, the distance shall be mea-
sured by following a straight line from the
*Charter referenc~Authority of County to establish
and enforce regulations for sale of alcoholic beverages in
unincorporated areas and to approve municipal regulations on
hours for the sale of alcoholic beverages, § 1.01(A)(16).
Cross references--Definition of alcoholic beverages, §
33-1(3); definition of bar or saloon, § 33-1(10); definition of
beer, § 33-1(13); definition of cabaret. § 33-1(23); definition of
intoxicating liquors, § 33-1(59)~ minors gaining admission to
prohibited places, or for purposes of securing beer, liquor or
wine, by false statements or credentials, § 21-10; package
stores and nightclubs in hotels, RU~4 District, § 33-222.4.
front door of the proposed place of business
to the nearest point of the church struc-
ture, and
(2) From a public school, the distance shall be
measured by following a straight line from
the front door of the proposed place of
business to the nearest point of the school
grounds.
(C) Compliance prerequisite to issuance of li-
censes, permits and certificates. No certificate of
use or occupancy, license, building or other permit
shall be issued to any person, firm, or corporation
for the sale of alcoholic beverages to be consumed
on or offthe premises where the proposed place of
business does not conform to the requirements of
subsections (A) and (B) above.
(D) Nonconforming uses; definition of abandon-
ment. The uses referred to in subsections (A) and
(B) above that are in violation of the provisions
thereof, and that were in existence on or before
June 14, 1956, shall be deemed to be nonconform-
ing and as such may continue until there is an
abandonment thereof, provided that such noncon-
forming uses have been established and proven to
the satisfaction of the Department on or before
October 1, 1956, and not thereafter. A~er October
1, 1956, the right to establish a use not conform-
ing with the requirements of subsections (A) and
(B) shall have expired and shall not thereafter be
recognized. Any uses, created and established in a
legal manner, which may thereafter become non-
conforming, may continue until there is an aban-
donment. Once a nonconforming use is aban-
doned it cannot be re-established unless it can
conform to the requirements of this chapter.
Abandonment shall consist of a change of use or
of a suspension of active business with the public
for a period of not less than three (3) months, or
prior to the end of the period, on a written
declaration of abandonment by the tenant and
owner of the premises if under ]ease, and if not, by
the owner.
(E) Exceptions to spacing and distance require-
ments. The restrictions and spacing requirements
set forth in subsections (A) and (B) above shall not
apply:
(1) To private clubs, provided such clubs con-
form to all the requirements of a private
Supp. No. 16 5229
§ 33-150 DADE COUNTY CODE
club as stated in Chapter 561 of the Florida
Statutes and other applicable State laws,
and providing that there are no signs of
any type exhibited or displayed or other
indications that can be seen from the exte-
rior of the clubhouse, building or structure
that alcoholic beverages are served. Before
a certificate of use and occupancy to serve
alcoholic beverages will be issued, the
plicant must submit necessary data to prove
that it is eligible for the use and complies
with Chapter-~61 of the Florida Statutes or
other applicable State laws; provided, any-
thing to the contrary notwithstanding, these
requirements must be complied with, even
though the club intends to serve only beer
and/or wine.
(2) ESTABLISHMENTS IN RU-4, RU-4A DIS-
TRICTS. To cocktail lounges, bars and cab-
arets located in RU-4 or RU-4A Districts
and which conform to the requirements of
said districts, or such other cocktail lounges,
bars and cabarets in other liberal districts
as may comply with the RU-4 or RU-4A
requirements.
(3) RESTAURANTS IN BU-1, BU-1A DIS-
TRICTS. To dining rooms or restaurants
located in the BU-1 or BU-1A Districts
which comply with the requirements of
such districts and serve cooked, full course
meals, daily prepared on the premises, or
such other dining rooms or restaurants in
other more liberal districts complying with
the requirements of the BU-1 or BU-1A
District and which serve cooked, full course
meals, daily prepared on the premises,
providing that only a service bar is used
and the sale of alcoholic beverages are sold
only to persons seated at tables.
(4) COCK"rAIL LOUNGES IN RESTAURANTS
IN SHOPPING CENTER IN BU-2 DIS-
TRICT. To cocktail lounge-bars (including
package stores) in restaurants located in a
shopping center in a BU-2 or more liberal
district containing net ground building area
(including parking) of not less than four-
teen (14) acres under one (1) ownership of
title with an approved plan showing 200,000
square feet of building area and improved
(5)
(6)
by not less than seventy-five thousand
(75,000) square feet of floor area thereon,
with facilities for parking not less than two
hundred fifty (250) vehicles, provided such
restaurant contains all necessary equip-
ment and supplies for and serves full course
meals regularly, and have accommodations
for service of two hundred (200) or more
patrons at tables, and provided the restau-
rant occupies more than four thousand
(4,000) square feet of floor space. Only one
(1) such cocktail lounge-bar will be permit-
ted in the shopping center, and such res-
taurant use shall be at least five hundred
(500) feet from any church or school mea-
sured as otherwise provided in this section.
Before any such cocktail lounge-bar will be
permitted the required floor area of seventy-
five thousand (75,000) square feet and re-
quired parking for two hundred fifty (250)
vehicles in the shopping center must be
constructed. The cocktail lounge-bar in the
restaurant structure shall not have outside
entrances and the lounge and package store
shall be so located that there is no indica-
tion from the outside of the structure that
the cocktail lounge and package store are
within the structure.
BEER AND WINE FOR OFF-PREMISES
CONSUMPTION. To the sale of beer and
wine as a grocery item for consumption off
the premises, from grocery stores and meat
markets within the hours adopted and pre-
scribed by the County Commission.
CONVENTION HALLS IN BU-1A DIS-
TRICTS. To convention halls located in
BU-1A, or more liberal business and indus-
trial districts, which meet the following
requirements: (a) Where the hall is part of
the operation of a hotel or motel and di-
rectly under its management. (b) Where
the square footage area of the convention
hall is at least ten thousand (10,000) square
feet. (c) Where the seating capacity of the
hall is in excess of five hundred (500)
persons. (d) Where the sign advertising the
cocktail lounge or bar use is of same or
similar type as is permitted for motels in
Supp. No16 5230
ZONING § 33~150
the RU-4 Districts, that is, the advertise-
ment is incorporated into the sign proper
for the convention hall.
(7) BEER AND WINE IN BOWLING AL-
LEYS. To beer and wine bars in bowling
alleys:
(a) Where there are no signs of any type
exhibited or displayed, or other indica-
tions, that can be seen from the outside
of the structure concerned, that beer or
wine or other malt and vinous bever-
ages are being served, and
(b) When such bowling alleys are in a fully
air conditioned building having at least
ten thousand (10,000) square feet of
floor space under one (1) roof and un-
der one (1) ownership of title, and
(c) Where the building contains at least
six (6) alleys usable for bowling, and
where the bowling alley has facilities
for the service of food and beverages in
an area separate from the alleys them-
selves and contains at least two thou-
sand (2,000) square feet of usable floor
space, including the bar and other fa-
cilities for the service of food and bev-
erages and has accommodations for at
least sixty (60) patrons at tables, and
(d) Provided that such building be not less
thmn five hundred (500) feet from a
school or church measured as provided
hereinabove.
(8) NIGHT CLUBS IN CERTAIN HOTELS
AND MOTELS. To night clubs and caba-
rets where the same are located in a hotel,
motel, or apartment hotel and under the
same roof, which contains at least two
hundred (200) guest rooms or apartment
units under the same roof, provided the
exterior of any such building shall not have
store fronts or give the appearance of com-
mercial or mercantile activity as viewed
from the highways. In the event the use
contains windows which may be seen from
the highway, said windows shall be of fixed,
obscure glass. Such night club or cabaret
shall be entered only through lobby, and no
additional entrance shall be permitted. An
additional entrance or door shall be permit-
ted when the same opens into a courtyard
or patio (away from street side) which is
enclosed and which is not visible from the
street. A fire door or exit shall be permitted,
provided that the same is equipped with
panic-type hardware and locks and is main-
tained in a locked position except in emer-
gency.
(9) PACKAGE STORES IN SHOPPING CEN-
TERS IN BU-lA DISTRICT. Package stores
in shopping centers in a BU-1A (limited
business) or more liberal district contain-
ing a net ground building area of not less
than five (5) acres including dedicated rights-
of-way under one (1) ownership with an
improved building area of not less than
forty-one thousand (41,000) square feet of
floor area thereon, and with an improved
and developed parking area of not less than
two hundred twenty-one (221 ) vehicles. Only
one (1) such package store will be permit-
ted in the shopping center. Said package
store shall be at least two thousand five
hundred (2,500) feet from any church, school
and at least five hundred (500) feet from
any other licensed alcoholic beverage estab-
lishment measured as otherwise provided
in this section.
(10) COCKTAIL LOUNGES IN GOLF COURSE
CLUBHOUSES AND BEER IN ANCIL-
LARY REFRESHMENT STANDS LO-
CATED ON SAID GOLF COURSE. To cock-
tail lounges in golf course clubhouses and
beer in ancillary refreshment stands lo-
cated on said course, whether governmen-
tally or privately owned provided a bona
fide regular, standard golf course is main-
tained and consists of at least nine (9)
holes, with clubhouse, locker rooms and
attendant golf facilities and comprising in
all at least one hundred (100) acres of land.
Failure of such club to maintain the golf
course, clubhouse and golf facilities shall
ipso facto terminate the privilege of the
cocktail lounge and sale of beer from the
refreshment stands.
(11) EXCURSION, SIGHTSEEING OR TOUR
BOATS. To excursion, sightseeing or tour
Supp. No. 16 5231
§ 33-150 DADE COUNTY CODE
boats, providing the operators thereof ob-
tain a State beverage license for such boats,
the same being designated as their place of
business, upon compliance with all the
laws relating to vendors operating places of
business where consumption on the prem-
ises is permitted; provided that such excur-
sion, sightseeing or tour boats contain all
the necessary equipment and supplies in
order to, and do, serve full course meals
regularly, and have accommodations at all
times for the service of two hundred (200)
or more patrons at tables and occupying
more than four thousand (4,000) square
feet of space.
(12) TENNIS CLUBS AND INDOOR RACQUET-
BALL CLUBS. To any chartered or incor-
porated club owning or leasing and main-
taining any bona fide tennis club or four-
wall indoor racquetball club consisting of
not less than ten (10) regulation-size tennis
courts or ten (10) regulation-size four-wall
indoor racquetball courts, or a combination
of tennis courts and four-wall indoor rac-
quetball courts numbering fifteen (15), with
clubhouse facilities, pro shop, locker rooms,
and attendant tennis or racquetball facili-
ties, all located on a contiguous tract of
land owned or leased by such club and
providing that there are no signs of any
type exhibited or displayed or other indica-
tions that can be seen from the exterior of
the clubhouse, building or structure that
alcoholic beverages are served.
(13) NOT-FOR-PROFIT THEATRES WITH
LIVE PERFORMANCES. To any State-
chartered notffor-profit legal entity orga-
nized principally for the purpose of operat-
ing a theatre with live stage performances
and with not fewer than one hundred (100)
seats. Sales of alcoholic beverages shall be
permitted only for consumption on the prem-
ises and only to patrons during any regu-
larly scheduled live theatre performance.
No sit-down bar shall be permitted.
(F) Prerequisites to use of premises as excep-
tion. For the purpose of this chapter, the right to
use premises for the sale of beer, wine or liquor for
consumption on, or off, such premises shall be
established at such time as a building permit is
issued, the application for which states that such
use is to be established, and provided that the
structure for which the building permit was is-
sued is completed, and an occupancy permit is-
sued for such use within the time prescribed for
the completion of said structure under these reg-
ulations. In cases where the use is to be estab-
lished in an existing structure, such use will be
considered as existing at such time as the occu-
pancy permit for such use has been issued, pro-
vided the use has been established within the
time prescribed in the permit.
(G) Sketch indicating location. For the purpose
of establishing the distance between alcoholic
beverage uses, and between such uses and churches
or public schools, the applicant for such use shall
furnish a certified sketch of survey from a regis-
tered engineer or surveyor. Such sketch shall
indicate the distance between the proposed place
of business and any existing alcoholic beverage
establishment within 2,000 feet, and any church
or school within 3,000 feet. Each sketch shall
indicate all such distances and routes. In case of
dispute, the measurement scaled by the Director
shall govern.
(H) Entertainment in night clubs and cabarets;
hearing on night club use. Except in night clubs
and cabarets, band or orchestra music or dancing
or entertainment shall be prohibited in all bars,
gardens, saloons, package stores or similar estab-
lishments dispensing of alcoholic beverages. Night
club use shall be prohibited unless the same is
approved after a public hearing.
(I) Transfer of nonconforming use. Upon good
and justifiable cause proven to the satisfaction of
the Zoning Board, a legally existing nonconform-
ing alcoholic beverage use may be transferred to
another nonconforming but properly zoned site in
the same general neighborhood, not to exceed
three hundred (300) feet from the sold site, upon
approval of the appropriate Zoning Board after a
public hearing.
(J) Expansion of nonconforming use. Legally
existing alcoholic beverage made nonconforming
by reason of the regulations establishing distance
restrictions between such uses, or any of them, or
between any such uses and churches or schools,
Supp. No. 16 5232
ZONING § 33-151
shall not be expanded unless and until such
expansion shall have been approved by the appro-
priate Zoning Board for good and justifiable cause
after a public hearing. "Expansion" as used herein,
shall include the enlargement of space for such
use and uses incidental thereto, the extension of a
beer and wine bar to include intoxicating liquor,
and the extension of a bar use to a night club use.
Nothing herein, however, shall be deemed an
attempt to _modify any prohibition or make less
restrictive any requirement by the laws of the
State of Florida.
(K) Certificate void after thirty (30) days if
premises not established. All alcoholic beverage
uses must be established on the premises within
thirty (30) days of the date of the issuance of a
certificate of use and occupancy, otherwise said
certificate of use and occupancy shall be null and
void.
(L) Compliance prerequisite to issuance of li-
cense. Anything to the contrary notwithstanding,
no liquor license of any type may be used in a
manner contrary to this chapter. The Tax Collec-
tor shall issue no license unless a current certifi-
cate of use or occupancy in the applicant's name
accompanies the application. The license as is-
sued shall note thereon any special limitations or
restrictions applicable due to the zoning on the
property.
(M) Additional alcoholic beverage uses. Any
provision of this chapter to the contrary notwith-
standing, the service or sale of alcoholic beverages
as herein listed will be permitted:
(1) BOWLING ALLEYS. Beer and wine only
as provided for in Section 33-150(E)(7) and
Section 33-151(h).
(2) CHARTER BOATS. Beer only as provided
for in Section 33-151(d).
(3) CONVENTION HALLS. Liquor, beer and
wine as provided for in Section 33-150(E)(6).
(4) EXCURSION, SIGHTSEEING OR TOUR
BOATS. Liquor, beer and wine, subject to
conditions as provided for in Section 33--
150(E)(11) and Section 33-151(n).
(5) GOLF COURSES. Lounges in club houses
and ancillary golf course refreshment stands
as provided for in Section 33-150(E)(10)
and Section 33-151(o).
(6) COUNTY PARKS.
(a) Beer, take out only, no consumption on
the premises at bait and tackle instal-
lations at marinas.
(b) Liquor, beer and wine use in restau-
rants.
(c) Beer, package sales only at camp
grounds.
(d) Beer only at concession stands.
(7) COUNTY-OWNEDAIRPORTS. Liquor, beer,
malt liquor and wine in restaurants, bars,
lounges, concessions, concession stands and
package stores at County-owned airports.
(8) PRIVATE CLUBS. As provided for in Sec-
tion 33-150(E)(1), and as defined in these
regulations.
(Ord. No. 57-19, § 5(J), 10-22-57; Ord. No. 58-6, §
1, 2-20-58; Ord. No. 60-46, 8 1, 12-6-60; Ord. No.
63-11, § 3, 4-2-63; Ord. No. 70-19, 8 1, 3-11-70;
Ord. No. 71-1, 88 1, 2, 1-6-71; Ord. No. 75-110, 88
3, 4, 2-2-75; Ord. No. 77-53, § 1, 7-19-77; Ord. No.
78-21, § 1, 4-4-78; Ord. No. 78-51, 8 1, 7-18-78;
Ord. No. 80-10, 8§ 1, 2, 2-19-80; Ord. No. 81-58, 8
1, 5-19-81; Ord. No. 91-30, § 1, 3-5-91; Ord. No.
95-215, § 1, 12-5-95)
Cross reference--Solicitation of drinks by hosts, wait-
resses, entertainers and other prohibited, § 21-21.
Sec. 33-151. Hours and days of sale.
No alcoholic beverages shall be sold or served
within the unincorporated areas of Dade County
except at such hours and on such days and by
such vendors as set forth below:
(a) Establishments for package sales only. Ven-
dors holding a license from the State bev-
erage department for the sale of alcoholic
beverages for consumption offthe premises
only, shsll make no sale of alcoholic bever-
ages on Sundays, and shall make no sale of
alcoholic beverages during weekdays ex-
cept between the hours of 8:00 a.m. and
10:00 p m.; provided, however, that ven-
dors operating stores primarily for the sale
Supp. No. 16 5233
§ 33-151 DADE COUNTY CODE
of products other than alcoholic beverages
(excepting such stores as are nonconform-
ing under the zoning regulations) may make
sales of beer in sealed containers for con-
sumption offthe premises during such hours
as their stores legally remain open for the
sale of other goods; provided further, how-
ever, that nothing in the foregoing proviso
shall be deemed to modify any of the pro-
visions of the zoning regulations as hereto-
fore or herea~er adopted. Vendors in bait
and tackle installations and camp grounds
holding a State license from the beverage
department for the sale of beer in sealed
containers, for consumption off the prem-
ises, shall make ne sale of beverages except
between the hours of 5:00 a.m. and 7:00
p.m.
(b) Marinas, piers and fishing camps. Vendors
in marinas, piers and fishing camps hold-
ing a license fr3m the State beverage de-
partment for the sale of alcoholic beverages
shall make no sale of such alcoholic bever-
ages on week days except between the
hours of 8:00 a.m. and 1:00 a.m. of the
following day, and between the hours of
5:00 p.m. on Sunday and 1:00 a.m. of the
following Monday; provided, however, that
such vendors may make sales of beer only
for consumption on the premises between
the hours of 10:00 a.m. on Sunday and 1:00
a.m. of the following Monday, and for con-
sumption off the premises between the
hours of 6:00 a.m. on any day and 1:00 a.m.
of the following day.
(c) Private clubs. Vendors holding a license
from the State beverage department for the
sale of alcoholic beverages for consumption
on the premises in private clubs shall make
no sale of such alcoholic beverages except
between the hours of 8:00 a.m. and 1:00
a.m. of the following day, and shall make no
sale of beer on Sundays except between the
hours of 10:00 a.m. and 1:00 a.m. on the
following Monday; and shall make no sale
of any other alcoholic beverages on Sun-
days, except between the hours of 5:00 p.m.
and 1:00 a.m. on the following Monday.
~d) Charter boats. Vendors holding a license
from the State beverage department for the
sale of beer for consumption on charter
boats shall make no sale of beer on week-
days except between the hours of 8:00 a.m.
and 1:00 a.m. of the following day, and
shall make no sale of beer on Sundays
except between the hours of 10:00 a.m. and
1:00 a.m. on the following Monday. No such
sales shall be made by any charter boat
until after having put out to sea.
(e) Hotels and motels. Vendors holding a li-
cense from the State beverage department
for the sale of alcoholic beverages for con-
sumption on the premises in hotels and
motels which are restricted by the zoning
regulations to making such sales to guests
only, shall make no sales of such alcoholic
beverages except between the hours of 8:00
a.m. and 1:00 a.m. on the following day on
weekdays, and shall make no sale of beer
on Sundays, except between the hours of
19:00 a.m. and 1:00 a.m. on the following
Monday; and shall make no sale of any
other alcoholic beverages on Sundays ex-
cept between the hours of 5:00 p.m. and
1:00 a.m. on the following Monday. In ho-
tels and motels where package sales are
restricted to guests only under the zoning
regulations, no such sales shall be made
except between the hours of 8:00 a.m. and
10:00 p.m. on weekdays, and between the
hours of 5:00 p.m. on Sunday and 1:00 a.m.
on the following Monday. In hotels and
motels located in a proper business zone
and conforming to the zoning regulations
permitting unrestricted sales of alcoholic
beverages, no sales shall be made except
during the times permitted under subsec-
tion (h) hereo£
"Premises", as used in this section,
shall be confined to the bar and/or
cocktail lounge located in the particu-
lar hotel or motel.
(f) Cabarets. For the purpose of this section,
the term "cabaret" shall mean a place of
business other than a "night club" located
in a hotel or a motel having fifty (50) or
more guest rooms, where liquor, beer or
Supp. No. 16 5234
ZONING § 33-151
wine is sold, given away or consumed on
the premises and where music or other
entertainment is permitted or provided for
the guests of sald hotel or motel only, which
place of business is duly licensed as a
"cabaret", shall make no sales of such alco-
holic beverages except between the hours
of 8:00 a.m. and 3:00 a.m. on the following
day on weekdays and shall make no sale of
said alcoholic beverages on Sundays except
bet~teen the hours of 5:00 p.m. and 3:00
a.m. on the following Monday.
(g) Restaurants. Vendorsholdingalicensefrom
the State beverage department for the sale
of alcoholic beverages for consumption on
the premises in restaurants, which are
restricted by the zoning regulations to mak-
ing such sales with the service of food only,
shall make no sales of such alcoholic bev-
erages on weekdays except between the
hours of 8:00 a.m. and 1:00 a.m. on the
following day, and shall make no sales of
beer on Sundays except between the hours
of 10:00 a.m. and 1:00 a.m. on the following
Monday; and shall make no sales of other
alcoholic beverages on Sundays except be-
tween the hours of 1:00 p.m. and 1:00 a.m.
on the following Monday. Sales of alcoholic
beverages for consumption off the premises
shall not be permitted. Vendors in restau-
rants located in a proper business zone and
conforming to the zoning regulations per-
mitting unrestricted sales only during the
times permitted under subsection (h) hereof.
(h) Bars and cocktail lounges. Vendors having
a license from the State beverage depart-
ment for the sale of alcoholic beverages for
consumption on the premises in those bars
and cocktail lounges that are not restricted
by the zoning regulations to guests only, or
to service with food, or the like, shall make
no sales of such alcoholic beverages on
weekdays except between the hours of 8:00
a.m. and 1:00 a.m. of the following day; and
shall make no sales of beer on Sundays
except between the hours of 10:00 a.m. and
1:00 a.m. of the following Monday; and
shall make no sales of any other alcoholic
beverages on Sunday except between the
(i)
hours of 5:00 p.m. and 1:00 a.m. of the
following Monday; sales of beer for consump-
tion off the premises shall not be made on
weekdays except between the hours of 8:00
a.m. and 1:00 a.m. of the following day; and
shall not be made on Sundays except be-
tween the hours of 10:00 a.m. and 1:00 a.m.
of the following Monday. Sale of other alco-
holic beverages for consumption off the
premises shall not be made on weekdays
except between the hours of 8:00 a.m, and
10:00 p.m.; and shall not be made on Sun-
days.
Night clubs. For the purpose of this section,
the term "night club" is defined as any
place of business located within any build*
ing or establishment under one (1) roof and
on one (1) floor, wherein entertainment or
music or both are regularly supplied, and
providing meals and refreshments pre-
pared on the premises, and having a seat-
ing capacity of not less than forty (40)
people at tables; having an aggregate floor
space of not less than two thousand two
hundred (2,200) square feet; and providing
a dance floor containing not less than three
hundred eight (308) square feet, such floor
space provided for dancing to be free from
chairs, tables or other obstructions at all
times. Upon written application to the Board
of County Commissioners and upon paying
of the Board of County Commissioners the
sum of five hundred dollars ($500.00), any
person holding a license under the State
beverage department for sale of alcoholic
beverages on the premises, and which place
of business so conducted by such vendor
classified as a night club, as above defined,
shall be issued a special permit to operate
as a night club. Such special permit shall
be paid for on or before the first of October
and shall expire the first of the succeeding
October; provided that any person begin-
ning business after the first of October may
obtain a special permit upon the payment
of the annual fee of five hundred dollars
($500.00), and such permit shall expire on
the first of the succeeding October; pro-
vided further that any person beginning
such business on or after the first of April of
Supp. No. 16 5235
§ 33-151 DADE COUNTY CODE
any year may procure a special permit
expiring the first of October of the same
year on the payment of one-half the fee
herein required for the annual special per-
mit. Such special permit shall be posted at
a conspicuous place in the place where such
night club operates.
Any night club, as above defined,
which holds a night club license from
this Board and which holds a license
from the State beverage department
for the sale of alcoholic beverages on
the premises, shall be permitted to
remain open, and sell alcoholic bever-
ages for consumption on the premises
from 8:00 a.m. to 4:50 a.m. of the
following day during week days, and
on Sundays to remain open and sell
beer for consumption on the premises
from 10:00 a.m. to 4:50 a.m. of the
following Monday; and to remain open
and sell other alcoholic beverages on
Sunday for the consumption on the
premises from 5:00 p.m. to 4:50 a.m. of
the following Monday; and except that
where the alcoholic beverages are served
with meals at tables, the same may be
served from 1:00 p.m. on Sunday to
4:50 a.m. on the following Monday. It is
specifically provided, however, that each
and every night club that may operate
in the unincorporated areas of Dade
County in accordance with this section
shall close its doors and have all its
patrons off its premises by not later
than 5:00 a.m. of each day.
Miami International Airport and County-
owned airports. Vendors authorized by the
Board of County Commissioners to sell
alcoholic beverages upon the property and
premises of the Miami International Air-
port or County-owned airports, and holding
appropriate licenses from the State of Flor-
ida, Department of Business Regulation,
Division of Beverage for the sale of alco-
holic beverages for consumption on the
premises, shall make no sale of such alco-
holic beverages except between the hours
of 8:00 a.m. and 4:50 a.m. the following day.
Authorized vendors holding appropriate li-
censes from the State of Florida, Depart-
ment of Business Regulation, Division of
Beverage for the sale of alcoholic beverages
for consumption offthe premises only shall
make no sale of alcoholic beverages except
between the hours of 8:00 a.m. and 10:00
p.m.
(k) Motels and hotels in North Miami Beach
service area. Anything in this section to the
contrary notwithstanding, hotels and mo-
tels located in that portion of the "North
Miami Beach service area" bounded on the
north by the County line, on the west by
the Intracoastal Waterway, on the east by
the Atlantic Ocean, and on the south by
Bakers Haulover Park, shall be entitled to
make sales of alcoholic beverages and pack-
age sales to guests on Sunday commencing
at 1:00 p.m., and continuing until 1:00 a.m.
on the following Monday.
(1) Additional interpretations. Wherever in this
section it is provided that weekday sales of
alcoholic beverages are permitted between
any certain hour and a stated time on the
following day, the term "following day" shall
be deemed to include Sunday.
(m) Package sales on Christmas Eve and New
Year's Eve and on Sundays during the
month of Decembec All vendors in the un-
incorporated areas of Dade County holding
valid, current licenses from the State bev-
erage department for the sale of alcoholic
beverages for consumption offthe premises
(establishments for package sales only) may
make sales and keep their places of busi-
ness open until 12:00 midnight on Christ-
mas Eve (December 24th) and New Year's
Eve (December 31st), and between the hours
of 8:00 a.m. and 10:00 p.m. on Sundays
during the month of December, the provi-
sions of subsection (a) of this section to the
contrary notwithstanding.
(n) Excursion, sightseeing or tour boats. Ven-
dors holding a license from the State bev-
erage department for the sale of beer, wine
and liquor for consumption on excursion,
sightseeing or tour boats shall make no
Supp. No. 16 5236
ZONING § 33 151.11
sale of such beer, wine and liquor on week
days except between the hours of 8:00 a.m.
and 1:00 a.m. of the following day, and
shall make no sale of such beer, wine and
liquor on Sundays except between the hours
of 10:00 a.m. and 1:00 a.m. on the following
Monday. No such sales shall be made by
any excursion, sightseeing or tour boats
while moored at docks or wharves. The
term "charter boats" as it is commonly used
andes it is used in subsection 33-151(d) is
expressly excluded from the operation of
this subsection.
of any other alcoholic beverages on Sun-
days, except between the hours of 6:00 p.m.
and 1:00 a.m. on the following Monday.
(Ord. No. 57-19, § 5(J), 10-22-57; Ord. No. 65-20,
9 1, 4-6-65; Ord. No. 65-40, §§ 1--3, 5-18-65; Ord.
No. 71-1, 99 3, 4, 1-6-71; Ord. No. 73-67, 9 1,
7-17-73; Ord. No. 75-110, 9 5, 12-2-75; Ord. No.
78-21, 9 2, 4-4-78; Ord. No. 82-107, 9 1, 11-16-82;
Ord. No. 91-30, 9 2, 3-5-91)
Cross reference--Solicitation of drinks by hosts, wait-
resses, entertainers and others prohibited, § 21-21.
Seca. 33-151.1-33-151.10. Reserved.
(o) Golf course clubhouse and ancillary refresh-
ments stands. Vendors hoiding a license
from the State beverage department for the
sale of alcoholic beverages for consumption
on the premises in lounges in golf course
clubhouses shall make no sales of such
alcoholic beverages on weekdays except
between the hours of 8:00 a.m. and 1:00
a.m. on the following day, and shall make
no sales of beer on Sundays in such lounges
except between the hours of 8:00 a.m. and
1:00 a.m. on the following Monday and
shall make no other sales of alcoholic bev-
erages on Sundays except between the hours
of 1:00 p.m. and 1:00 a.m. on the following
Monday. Sale of beer from ancillary golf
course refreshment stands shall be made
only between the hours of 8:00 a.m. and
1:00 a.m. the following day, including Sun-
days.
(p) Not-for-profit theatres with live perfor-
mances. Vendors holding a license from the
State beverage department for the sale of
alcoholic beverages for consumption on the
premises in State-chartered not-for-profit
theatres with live performances shall make
no sale of alcoholic beverages except be-
tween the hours of 8:00 a.m. and 1:00 a.m.
on the following day, and shall make no
sales of beer on Sundays except between
the hours of 10:00 a.m. and 1:00 a.m. on the
following Monday, and shall make no sale
ARTICLE XA. EDUCATIONAL AND CHILD
CARE FACILITIES, NONPUBLIC*
Sec. 33-151.11. Applicability and definitions.
Provisions of this article relating to day nurs-
eries, kindergartens and after school care as
fined herein shall be applicable in the unincorpo-
rated areas of Dade County and specifically in the
incorporated areas of Dade County. No municipal-
ity shall adopt physical standards governing day
nurseries, kindergartens or after school care that
are in conflict with or in addition to the standards
contained in this article, whether more or less
restrictive than the standards contained herein.
As used in this article, the term "private school"
or "nonpublic educational facility" shall mean an
institution which provides child care and]or in-
struction from the infant level through the college
level and which does not come under the direct
operation and administration of the Dade County
School Board or the State of Florida; only such
uses are intended to be controlled by this article
and include, but are not limited to, the following:
(a) Day nurseries: Child care for infants and
children up to and including age six (6).
(b) Kindergartens: Child care and preschool
programs for children ages four (4) through
six (6).
*Editor's note---Ord. No. 77~59, § 1, enacted Sept. 6, 1977.
amended Ch. 33 by adding the provisions included herein;
designation as Art. XA, §§ 33-151.11--33-151.21, is at the
discretion of the editor.
Supp. No. 16 5237
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Commission ty~
Eric M. Soroka, Ci
March 12, 1998
Ordinance Amending Ordinance No, 97-20 - Cable Television
Ist Reading March 17, 1998 City Commission Meeting Agenda Item ~ /'
2nd Reading April 7, 1998 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance which
amends the Cable Television Ordinance No. 97-20 to incorporate revisions in light of
our recent negotiations with Comcast Cablevision to finalize a franchise agreement.
BACKGROUND
As you are aware, our Telecommunications Legal Advisors, Leibowitz and Associates,
P.A., and I have been negotiating with Comcast Cablevision to finalize a franchise
agreement.
In order to eliminate any conflicts between the proposed Cable Television Franchise
Agreement and the existing Cable Television Ordinance No. 97-20, a series of
amendments have been prepared for the Commission's consideration.
Our Legal Advisors have indicated that in light of the actual franchise agreement being
considered for approval, the revisions are not detrimental to the City and should be
adopted. They will be present at the meeting and will be happy to discuss any
concerns you may have.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
cco525-98
ORDINANCE NO. 98-
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING ORDINANCE NO. 97-20 WHICH
PROVIDED THE TERMS AND CONDITIONS FOR THE
OPERATION OF CABLE TELEVISION SYSTEMS AND
PROCEDURES RELATING TO THE GRANT OF
FRANCHISES; AMENDING SECTION 14. B, SECTION
15.G, SECTION 16.C, SECTION 'I8.E, F, G ,K, AND S;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR A SAVINGS CLAUSE
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City's Telecommunications legal advisors, Leibowitz and
Associates, P.A., recommend a series of amendments to facilitate the City's Cable
Television franchising process; and
WHEREAS, the City Commission of the City of Aventura is desirous of adopting
the amendments.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:~
Section 1. Ordinance No. 97-20 is hereby amended to read as follows:
Section 14.
Unless a Franchise agreement provides otherwise, the City may require a
Franchisee sh=ll to make cable service available to every dwelling and
every building within the Franchise service area or the Franchisee's
~ Underlined text has been added; ............. ~...ext has been deleted from existing language·
Ordinance No. 98-__
Page 2
designated services area as defined in a Franchise agreement unless
prohibited by a private property owner from doing so.
Section 15.
In any Franchise granted pursuant to this Ordinance, the City may require
a Franchisee ch=!! Lo agree to maintain that level of technology to satisfy
the state of the art as defined in Section 2(CC) herein.
Section 16.
A Franchisee shall provide, at the request of the City and as designated in
a Franchise Agreement, Access Channels to be allocated to
education and government use at the sole discretion of the City.
Section 18·
A Franchisee shall employ and maintain sufficient qualified personnel and
equipment to be available (I) to accept payments; (ii) to exchange or
accept converters or other equipment; (iii) to receive subscriber
fo rep ~' '" *;'"~ ~'"°;° * ..... *"
complaints or requests r service or airs on = ............... , ....... ·
fc' '- ~o,n ~, ........ ,4 ......... ~-~ ,4 ............ ~-' ~;,,~ *,- ;"~*~'~*~' during
Ordinance No. 98-__
Page 3
normal business hours and some evening and weekend hours; (iv) to
schedule service installations, undertake normal repairs, initiate action
with respect to any subscriber service complaints within twenty-four (24)
hours; (v) to enable a service technician to respond to service calls
twenty-four (24) hours per day, seven (7) days a week including holidays
when more than 5 subscribers served from the same nearest active
electronic device, such as an amplifier or node, call with the same
complaint.
...... · ~ ....... ~---~,, ~'--o~' Installation and Service:
1. Standard installation work shall be performed within seven
(7) business days after an order has been placed except in those
instances where a subscriber specifically requests an installation date
beyond the seven (7) business day period. "Standard" installations are up
to one hundred and fifty (150) feet from the existing distribution system. If
scheduled installation is neither started nor completed as scheduled, the
subscriber will be telephoned by an employee of the Franchisee the same
day. Evening personnel shall also attempt to call subscribers at their
homes between the hours of 5:30 and 8:00 p.m. If the call to the
subscriber is not answered, an employee of the Franchisee shall
telephone the subscriber the next day;
Ordinance No. 98-__
Page 4
2. Franchisee will respond to service interruptions promptly and
in no event later than twenty-four (24) hours after the interruption becomes
known. Other service problems will be responded to promptly and in no
event later than forty-eight (48) hours after the problem becomes known.
All service interruptions, and service problems within the control of
Franchisee, shall be corrected within seventy-two (72) hours after receipt
of a complaint;
3. The appointment window alternatives made available for
installations, service calls, repairs, and other installation activities will be
either a specific time, a four-hour time block during normal business
hours, or at the election and discretion of the subscriber, "all day";
4. Franchisee may not cancel an appointment with a subscriber
after the close of business on the business day prior to the scheduled
appointment; and
5. If at any time an installer or technician is running late for a
scheduled appointment, an attempt to contact the customer will be made
and the appointment rescheduled as necessary at a time which is
convenient for the customer.
~ Individual subscribers who have experienced a missed
installation or service appointments due to the fault of Franchisee shall
receive a credit of not less than twenty dollars ($20.00). If thc i~st~!!~tio~
Ordinance No. 98-~
Page 5
~on nn~ Such individual refund ~eated to an
individual subscriber shall not in any manner mitigate any fine that may be
imposed by the City pursuant to Section 18(s) herein.
G. Disconnection.
1. Voluntaw Disconnection.
(b) Franchisee shall promptly disconne~ any subscriber ~o so
requests from the Fran~isee's Cable System. No period of notice
prior to volunta~ termination of service may be required of
subscribers by any Franchisee
(c) A subscriber may be asked, but not required, to disconnect
the Franchisee's equipment and return it to the business office.
(d) Any security deposit and/or other funds due the subscriber
shall be refunded on disconnected accounts after the conve~er has
been re~vered by the Franchisee. The refund process shall take a
maximum of thidy (30) days from the date that the conve~er or
Ordinance No. 98-__
Page 6
other equipment was returned to franchisee or made available to
Franchisee for pickup to the date the customer receives the refund.
Franchisee shall notify the City Manager ~if a service
interruption affects fifty (50) or more individual subscribers for a time
period greater than four hours.
A Franchisee shall develop written procedures for the investigation and
resolution of all subscriber or City resident complaints, including, but not
limited to, those regarding the quality of service and equipment
malfunction, which procedures shall be subject to the review and approval
by the City Manager. A subscriber or City resident who has not been
satisfied by following the Franchisee's procedures may file a written
complaint with the City Manager, who will investigate the matter and, in
consultation with the Franchisee as appropriate, attempt to resolve the
matter. A Franchisee's good faith or lack thereof in attempting to resolve
subscriber and resident complaints in a fair and equitable manner will be
considered in connection with the Franchisee's renewal application.
Franchisee shall maintain a complete list of all complaints not resolved
within seven (7) days of receipt and the measures taken to resolve them.
This list shall be compiled in a form to be approved by the City Manager.
It shall be compiled on a quarterly basis. The list for each calendar
Ordinance No. 98-__
Page 7
quarter shall be supplied to the City Manager no later than the 15th day
following the last day of the preceding quarter. Franchisee shall also
maintain a list of all written complaints received, which list will be available
to the City.
Upon request, Franchisee shall certify in writing to the City on January 1
and July 1 of each year based upon internal due diligence by the
Franchisee that to the best of Franchisee's knowledge it is in substantial
compliance with the standards set forth in this Section 18. At the request
of the City, the Franchisee shall submit such documentation, as may be
required, to demonstrate Franchisee's compliance with this Section 18.
This documentation shall be submitted within forth five (45) days of the
Franchisee's receipt of the City's request.
1. In addition to the powers delegated in subsection 44- (R) above, the
City Manager shall have the authority tov,"-'~Nv, .... ,..,.., ,~v~' "-'~o ~-""~,,..,,, ~ , ~, .... -, ,..,~';°~",,v~
.... '-'~"* tc the r-;, .... '~ *" assess fines against a Franchisee for any
violation of this Ordinance or any franchise issued pursuant to this
Ordinance, which fines will be paid to the City.
Ordinance No. 98-__
Page 8
~CH~DUL~ OF R~FUND~ TO
;?,2_. In assessing fines against a Franchisee, the City Manager
shall be governed by the schedule set out below. ~ Unless otherwise
indicted, the fines listed are to be assessed on a per violation basis with
each day of a continuing violation constituting a separate violation.
SCHEDULE OF FINES
Sin,qle Violation Of:
Maximum Fines
(a) Section A, hereof. $100.00
(b) Section B, hereof ........ $100.00
(c) Section C, hereof. $300.005100.00
Ordinance No. 98-__
Page 9
(d) (d) Section D, hereof.
(e) Section E hereof.
(f) Section F hereof.
(g) Section G, hereof.
(h) Section H, hereof.
(j) Section J, hereof
(k) Section K, hereof.
(j) Section L, hereof.
(m) Section M(1 )(a)~(i) hereof with bill
cycle
Section M(2), hereof
Section M(3)-M(6), hereof
(n) Section N, hereof
(o) Section O, hereof.
(p) Section P, hereof.
(q) Section Q hereof
Section 2. Savings.
$390.0051000.00
perqua~er
....... 51 oo.oo
$100.00
$500.005100.00
$100.O0
$200.005100.00
$100.00
$200.005100.00
$100.00 per month billing
$500.005100.00
$200.005100.00
$500.005100.00
$500.005100.00
$300.005100.00
$300.005100.00
Ordinance No.
Page 10
All rates, fees, charges and financial obligations previously accrued pursuant to
the ordinances and resolutions repealed pursuant to Section 35 above shall continue to
be due and owing until paid.
Section 3. Severability.
If any part, section, subsection, or other portion of this Ordinance or any
application thereof to any person or circumstance is declared void, unconstitutional or
invalid for any reason, such part, section, subsection, or other portion, or the prescribed
application thereof, shall be severable, and the remaining provisions of this Ordinance,
and all applications thereof not having been declared void, unconstitutional or invalid,
shall remain in full force and effect. The City declares that no invalid or prescribed
provision or application was an inducement to the enactment of this Ordinance, and that
it would have enacted this Ordinance regardless of the invalid or prescribed provision or
application.
Section 4. Effective Date, This Ordinance shall take effect and be in force
immediately upon its passage and adoption on second reading.
The foregoing Ordinance was offered by Commissioner , who
moved its adoption on first reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
Ordinance No. 98-
Page 11
The foregoing Ordinance was offered by Commissioner , who
moved its adoption on second reading. This motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 17th day of March, 1998.
PASSED AND ADOPTED on second reading this 7th day of April, 1998.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OFTHECITYMANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Eric M. Soroka, City~/~flag~r
February 24, 1998
Ordinance Extending Moratorium in Marina and Hospital Area
Ist Reading March 3, 1998 City Council Meeting Agenda Item
2"d Reading March 17, 1998 City Council Meeting Agenda Item'---~.-~
RECOMMENDATION
As per the City Council's request, attached is an Ordinance which extends the building
moratorium adopted in Ordinance No. 97-22 in two areas of the City. The area
surrounding the hospital in the northwest portion of the City, and the area adjacent to
Thunder Alley Marina are included in the Ordinance.
BACKGROUND
The two areas described above are recognized as areas of critical concern because of
the transition of land use patterns. It is important to control and guide the transition of
these areas to avoid a mix of incompatible and adverse land uses. The City Council
has expressed their desire to adopt policies that would enhance the character of the
two areas. This process normally takes place during the preparation of the
Comprehensive Plan. The master plans for the two areas should be completed in the
next few months.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0502-98
ORDINANCE NO. 98 -
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
EXTENDING THE DURATION OF THE EXISTING BUILDING
MORATORIUM ON ISSUANCE OF DEVELOPMENT
ORDERS AND DEVELOPMENT PERMITS WITHIN THE
MARINA AREA AND THE HOSPITAL AREA, AS
PREVIOUSLY IMPOSED PURSUANT TO ORDINANCE NO.
97-22 OF THE CITY OF AVENTURA; BY AMENDING
SECTION 8 "TERM" OF ORDINANCE NO. 97-22 TO
PROVIDE FOR EXTENSION OF SUCH MORATORIUM, SO
AS TO ENABLE CITY'S COMPREHENSIVE PLAN TO BE
COMPLETED AND IMPLEMENTED; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Pursuant to Ordinance No. 97-22 of the City of Aventura, as adopted
on September 16, 1997, the City Council provided for a moratorium upon the issuance of
development orders and development permits concerning development within the Marina
Area and Hospital Area within the City, as described therein, so as to enable the
formulation and implementation of the City of Aventura Comprehensive Plan (the "City
Plan"); and
WHEREAS, Ordinance No. 97-22, provided for such moratorium to be effective for
an initial period of 180 days from adoption thereof, and authorized such moratorium to be
reasonably extended; and
WHEREAS, the City Council finds that work is being expeditiously pursued on the
City Plan, but that it is necessary to reasonably extend the moratorium, for an additional
period as provided herein, so that the City Plan is able to be completed and implemented.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That Section 8 "Term," of Ordinance No. 97-22, is hereby amended to
read as follows:~
Section 8. Term.
The moratorium imposed by this Ordinance is temporary
and shall be effective for a
~,~-..-*~-..- ~ .... ~ until November 1, 1998, unless
dissolved earlier by the City Council. Further, the
moratorium shall automatically dissolve upon the
adoption of the City Plan, the formulation and adoption
of which shall be expeditiously pursued. Th~
~., ,, o~..., ,..., ~.~ ..,.+.....~..,~ ~. ..... ,~ kl ..... ~'"" ~ 1998
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 Vice Mayor Beskin, who moved its
adoption on first reading. The motion was seconded by Councilmember Cohen, and upon
being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Ken Cohen
Councilmember Harry Holzberg
yes
yes
yes
Underline indicates addition to existing text; stfikeom indicates deletions.
2
Councilmember Patricia Rogers-Libert yes
Councilmember Jeffrey M. Perlow yes
Vice-Mayor Jay R. Beskin yes
Mayor Arthur I. Snyder yes
The foregoing Ordinance was offered by Councilmember
adoption on second reading. The motion was seconded by Councilmember
upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Patricia Rogers-Libert
Councilmember Jeffrey M. Perlow
Vice-Mayor Jay R. Beskin
Mayor Arthur I. Snyder
, who moved its
, and
PASSED AND ADOPTED on first reading this 3~d day of March, 1998
PASSED AND ADOPTED on second reading this 17th day of March, 1998.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY A'I-I'ORN EY
CITY OF AVENTURA
OFFICE OFTHECITYMANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Ordinance Amending 1997/98 Budget
Ist Reading March 3, 1998 City Council Meeting Agenda Item
2nd Reading March 17, 1998 City Council Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Council adopt the attached Ordinance, which amends
the 1997/98 Budget to recognize additional revenues from building permits and
increased expenditures for providing building inspections and permitting services.
BACKGROUND
The adopted Budget contained an estimate for building permit revenues in the amount
of $780,000. As of January 31, 1998 the City has collected $632,000 in building permit
revenues. It is now estimated that the City will collect $1,087,000 by fiscal year end.
This is $307,000 higher than originally anticipated in the Budget. The additional
revenues are indicative of the increased building activity in the City.
The increase in building activity also has a direct effect on our building permitting and
inspection services. The increased workload requires the addition of a Customer
Service Representative position in order to maintain quality and efficient services to the
community. The Community Development Department has also incurred additional
expenses associated with overtime, office supplies and building inspection services
provided by C.A.P. Engineering Consultants, Inc. to meet the increased inspection
needs.
In light of the above, the attached Budget amendment was prepared to address the
following points:
1. Recognizes $307,000 in additional building permit revenues in the General Fund.
4.
5.
6.
Adds a Customer Service Representative position to respond to increased
workload demands in the building permitting operations.
Adds $16,000 for overtime, $10,000 for printing, $5,000 for office supplies to
respond to increased costs generated by higher than anticipated service levels.
Provides $6,000 in capital costs for furniture and computer for the new position.
Increases the Building Inspection Services line item by $161,000.
Increases the Capital Reserve line item by $89,000. This is the amount of
additional revenue generated by the increased building activity that remains after
new expenditures were deducted.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0504-98
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO.
97-25, WHICH ORDINANCE ADOPTED A BUDGET FOR
THE 1997/98 FISCAL YEAR BY REVISING THE 1997/98
FISCAL YEAR OPERATING AND CAPITAL BUDGET AS
OUTLINED IN EXHIBIT "A" ATTACHED HERETO;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, upon the periodic review and analysis of current budgetary
commitments and obligations, and based upon the projected needs and requirements
of the City and upon the recommendations of the City Manager (and the concurrence of
the Finance Support Services Director as to Accounting Principles), it is deemed
necessary to adjust, amend and implement the 1997/98 Operating and Capital Budget
as set forth in Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. The recitals contained in the preamble to this Ordinance are
incorporated by reference herein.
Section 2. The City Council hereby authorizes the amendment of Ordinance
No. 97-25, which Ordinance adopted a budget for the 1997/98 fiscal year, by revising
the 1997/98 budget as set forth on the attached Exhibit "A", which exhibit is deemed
incorporated by reference as though set forth in full herein.
Ordinance No. 98-__
Page 2
.Section 3. The City Manager is hereby authorized to do all things necessary
to carry out the aims of this Ordinance.
Section 4. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Councilmember
moved its adoption on first reading. This motion was seconded by Councilmember
, and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Councilmember
who moved its adoption on second reading. This motion was seconded by
Councilmember
, and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Adhur I. Snyder
PASSED AND ADOPTED on first reading this 3rd day of March, 1998.
Ordinance No. 98-
Page 3
PASSED AND ADOPTED on second reading this 17th day of March, 1998.
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
EXHIBIT "A"
EXPENDITURES
Budget Amendment
General Fund
COMMUNITY DEVELOPMENT DEPARTMENT
1997/98
BUDGETARY ACCOUNT SUMMARY
01-40-624
OBJECT
CODE
1-10-1200
1-10-1400
EXPENDITURES
1997198 1997/98 1997/98
ADOPTED AMENDED REVISED
CATEGORY BUDGET AMOUNT BUDGET
PERSONAL SERVICES
Employee Salaries 287,419 20,000 307,419
Overtime 500 16,000 16,500
3-30-3300
CONTRACTUAL SERVICES
Building Inspections Services 600,000 161,000 761,000
3-40-4700
OTHER CHARGES & SERVICES
Printing 5,000 t O,O00 15,000
~ub; Iota
3-50-5100
COMMODITIES
Office Supplies 4,000 5,000 9,000
~b ¢ T0tal
Position - Revisions
Number Description Action
Community Development Department
4411 Customer Service Representative I add
6-60-6206
6-60-6405
CAPITAL BUDGET
80-
Community Development - 524
Equipment 0 3,000 3,000
Computer Equipment 5,000 3,0o0 3,000
SUBTOTAL
6-60-6999
Capital Outlay
Non-Departmental - 590
Capital Reserve
SUBTOTAL
2,882,306 89,000 2,971,306
Total Amendments-Expenditures
EXHIBIT"A"
REVENUES
Licenses & Permits 2-9
322100 Buildin~ Permits
SUBTOTAL
Total Amendments-Revenues
780,000 307,000 1,087,000
CITY OF AVENTURA
Ordinance 96-09
Disclosure of Verbal Contact
Agenda Item:
199 ~ agenda of
Item No. _~ of
body "
Date of Verbal Communication:
Identity of Person or Entity Making Communication:
Subject and Substance of Communication:
/~, £ ~.~sx r;,tJ &' ~ /-~,P,,~ ~- .2-4,~ .,,~,~-
Filed this ]~ day of
Respectfully,
Council or Board Member Receiving
Communication:
Name / :"')
Clerk / Secretary
CITY OF A VENTURA
Ordinance 96-09
Disclosure of Verbal Contact
Agenda Item: Item No. :..."-.:, of j -/7
199-L agenda of /L....~,v1u,,11 [17/ ("'.....<--<--,'-
body
J-I"'-'14'. J-tJ-'t'6
Date of Verbal Communication: J -/(. -'13
Identity of Person or Entity Making Communication:
j~JI!.v r,..liIJ
Subject and Substance of Communication:
IV' [vtU/ !,u po/VA 0/- A/I"u c "1 7rO~
Respectfully.
Councilor Board Member Receiving
Communication:
7"'1f,.L IJOI<-N
Name
It ,0--'
Filed this /1 day of
CITY OF AVENTURA
Ordinance 96-09
Disclosure of Verbal Contact
Agenda Item: Item No..~--- of ,~,~,a"?'~-~ ~ Oz /~'
199~ agenda of ~
body
Date of Verbal Communication:
Identity of Pers~on or Entity ~aking Communication:
Subject and Substance of Communication:
Filed this !7 day of
Respectfully,
Council
Communication:
Name
Clerk / Secretary
or Board Member Receiving
MIAMI DALLY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octelma v. Ferbeyre, who on oath says that she is the
Supervisor, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunriay
and Legal Holidays) newspaper, published at Miami in Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA
MEETING - 3/17/98
ORDINANCE AMENDING
ORDINANCE NO. 97-25,
ETC.
in the ...................... ~ ~;~. ....................................... Court,
was publishe~ in said newspaper in the issues of
Mar 5, 1998
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Dade
County, Florida, and that the said newspaper has heretofore
been continuously published in said Dade 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 Dade County, Florida, for a period of
one year next precnding the first publication of the attached
copy of~advertisement; and affiant further says that she has
neither paid nor promised any person, firm or corporation
any dlscou bate, commission fo~ the purpose
ii~~.~.....of securi t is advertisem tlon in the said
CITY OF AVENTURA
March, 1998, at a meeting of the City coUncil of the City of Aventura
to be held at 6:00 p.m. in the Council Meeting R~om at the Cctumbi;
Aventura Hospital and Medical Center, 21110 Biscayne BouleVard
Suite 101, Aventura, FIo~da, the City Council will consider the ad(
rich of the tolicwing Ordinance'~ sanOnd reading, entitled: I
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OI
AVENTURA, FLORIDA, AMENDING ORD!NANCE NO. 97-25, ~NHICr
ORDINANCE ADOPTED A BUDGET FOR THE 1997198 FISCAl
YEAR BY REVISING THE 1997/98 RSCAL YEAR OPERATING AN[
CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A' ATTACHE[
HERETO; AUTHORIZING THE CiTY MANAGER TO DO ALL THING.~
i NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE
~ PROVIDING FOR AN EFFECTIVE DATE·
The proposed Ordinance may be inspected by the public at the ci
fica of the City Clerk, 2999 N.E. 191st Street, Suite 500, Aventur~
' Florida. Interested parties may appear at the Public Hearing and b
heard with respect to the propes~d OrdinanCe. Any person wishing t,
· address the City Council on any item at this Public Hearing is asked t
r~gister with the City Clerk pder to that item being heard.
In accorder~e with the ~e~icans with Disabiii~i~S Act 0t~ lg~a
persons who are disabled and who need'special accommodations t
participate in this proceeding because of that disability should conta<
the Office of the City Clerk, 466-8901, not later than two business day
prior to such proceedings,
If a person decides to appeal any decision made by the City Count
with respect to any matter considered at a meeting or hearing, th~
person will need a record of the proceedings and, for such purpos~
may need to ensure that a verbatim record of the proceedings i
made, which record includes the testimony and evidence upon whic
the appeal is to be based.
Dated March 5, 1998.
Teresa M. Smith, CMC, City Clerk
.3/5 98-4-03054~
MIAMI DAILY 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
Octehos V. Ferbeyre, who on oath says that she fa the
Supervisor, Legal Notices of the Miami Dally Business
Review f/k/a Miami Review, a daily (except Saturday, Sanday
and Legal Holidays) newspaper, published at IVAaml In Dads
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice In tho matter of
CITY OF AVENTURA
NOTICE OF PUBLIC HEARING
MARCH 17, 1998
PROJECT: CLASSIC RESIDENCE
BY HYATT
in the ...................... .~.~ ...................................... CeU~
was published In said newspaper in the issues of
Mar 6, 1998
Affiant further says that the said Miami Dally Business
Review is 8 newspaper published st Miami In said Dada
County, Florida, and that the said newspaper has heratofors
been contlnuousty 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 pest
office in Miami in said Dada County, Florida, for a period of
one year next preceding the 1irs: publication of tho attached
copy of .edvertiaemont; and affiant further says that she has
neither paid nor promtse~ any parse or corporation
any dlscoun bate, commlsaio the purpose
of securi this edvertiaem n in the said
........ day .D. 19 ......
ac:elms V' Feri~eYre P~~ii;iES~
CITY OF AVENTURA
NOTICE OF PUBLIC NEARING
DATE AND TIME OF
PUBLIC HEARING: Tuesday, March 17. 1998
....... 6:00~m ...........
~PPLI~ANT NAME: CC-Aventura. Inc.
PROJECT: Classic Residence by Hyatt
APPL CANT REQUEST: The applicant is requesting the following
1) Special Exception to permit a multi-family development for the
2) UetndeuflsuflY~l Use to permit a home for the aged.
3) UnusualUseto permit a ~ursing home.
4) Unusual Usa to permit an entrance feature and more specifically,
a guardhouse.
5) Modification of Condi ion #2 of Resolution Z-50-69 passed ano
adopted by the Board of County Commissioners on the 20th: day
of February, 1969, as further modified by Resolution 4-ZAB-~78-
87 passed and adopted by the Zoning Appeals Board on the 291h
day of July, 1987, only aa it applies to the subject p~operty, to
' 8)
Modification of Resolution No. 4-ZAB-278-87 requiring 1.25 park-
ing spaces per unit. (Provision of 1.07 ~arkJng spaces per unit is
pro~ceed).
7) Dsietion et previously approved pl["ls and devetoprnant conditions
as provided by Resolution No. 4-ZAB.95-89.
APPLICATION NUMBER: 01-MA-98
LOCATION OF
SUBJECT PROPERTY: The northeast con'~r of West Country Club
Drive and William Lehman Causeway. (19333
West Country Club OS)
LEGAL DESCRIPTION: A portion of Tract "HH' of 'FIFTH ADDITION
BISCAYNE YACHT AND COUNTRY CLUE,'
according to the Plat thereol, as recorded in
Plat Book 99. at Page 20. of the Public
Records of Dado county, Flodda - being
more tully described by a lengthy legal
description - YOU may contact the Contrnun-
ity Department for the complete legal
SIZE OF SUBJECT
PROPERTY: Approximately 4.32 acres
Plans are on file and may be examined during regutar business
hours in the City of Aventura, Community Development Daperiment
2999 NE 191 Street, Suite 500. Aventura, Rorida, 33180. Plansl may
~e modified at or before the Public Hearing. The application may
change during the hearing process.
The Public Headng will be held at Columbia Aventura Medical Aris
Building, 21110 Biscayne Boulevard, Suite 101. Aventura, Florida.
33180. Your comments may be made in pemon at the hearing or filed
in wdting prior to the heating date. Refer to a~plicant/propedy on
corresonndence and mail same to City of Aventura. Commumty Devel-
opment Dapa;tmen! 2999 NE 191 Street. Suite 500, Aventura, Florida.
33180. For further information, please call (305} 466-8940.
In accordance with the Americans with Disabilities Act of 1990. all
persons who ara disabled and who need spec si a..c. commodati0ns to
participate n this proceeding because of that disability should contact
the Office of the City Clerk, 466-8901, not later than two business days
prior to such proceedings.
If a person decides to appeal any decision made by the City council
with respect to any matter considered at a meeting or hearing, that
person wilt rmed a record of the proceedings and, for Such puq~ose.
may need to ensure that a verbatim record of the proceedings is
made, which racers includes the testimony and evidence upon which
the appeal is to be based:
Teresa M. Smith. CMC, City Clerk
3/6 98-3-0306151~
MacArthur, who provided the
historical details to the foundation,
said they were able to recreate
nrarly everythillJ from. the fabric
USlllI' on tile clothes to tile way the
... was bottled.
;. '''Don't ask me wbat 18th Cen-
tuJy 100 paper was like beeause I
can't find out," she lausbed, "I
thinlt they just IISed rap." .
What the public doea not _ is
what Lona1ey refers to as the "20th
Centwy capsule" on the lowest
deck. which in Cook's time wou1d
bave been filed with spoilillJ food
. lUId rats. There, In tile eapsule, is a
modem kitcben, sbowers, toilets,
freezen - and. an alternative
power supply, for wben tile wind
doea not ~..te.
"The difference between us and
.the Qlber lilY 230 yean 110 was be
didn't bave to arrive at a JlIace aU
certain time," ClIPtain Blake jolted.
People who want to lee tile veael
can talen 2\1o-mi1e ferry ride up tile
IntraCOiSlIlI to Peanut Island, a for-
mer U.S. Coast Guard station and
tile site of President JoIm F. Kenne-
dy's Cold War bunker. lbe island is
not accessible by land. .
lbunday's arrivllI was a home>-
coming for four specillI members of
the 56-person crew - American
students who bad been selected to
spend nearly two months on bolIld
the sbip.
One student, 1 8..yeItoOId Jennifer
Harding of Darien, Conn., flid she
was so impressed with her e:ltperi.
. ence sbe'd signed up to be a penIIll-
nent member of the crew.
on' Web site
Mike Edlllonson, spoltealDln
for the Palm Beach County .State
Attorney's office, said it's a areat
idea. He bas ~y referred one
person to tbe Web sIte - tbe man
is on tbe witness list for an upcom-
ing execution, and be wanted to
know wben it was going to bap-
pen.
"Tbe more information tbat
victims or survivors bave reprd-
ing where and what tbe statuS of
tbe defendant is, tbe better,"
Edmonson said.
He points out tbat family mem-
benwbo bave relatives iJa prison
can get ~uring infonution
from tile Web site, too.
Details on the site include birth
dates, wben tbe inmate was incar-
cerated, ~nllI information like
height and ''Weigbt, tattoos and
scan. It also includCllists of other
crimes the person was convicted
of, if those convictions led to state
prison sentences.
The "In_te Population
Search" Web site is:
'""' do ....tJI.III
IOtent to defraud.
On the lam is George's
daughter-in-Jaw. Paula Marion.
the account jointly wit-h -11~r
father-in-law, Louis George.
tIOn 11 UlllCK IS con vlcted.
CITY OF AVENTURA
PUBLIC NOTICE
NOTICE OF EXTENSION OF DURATION OF '~.
BUILDING MORATORIUM IN THE HOSPITAL )
AND MARINA AREAS i
. The city of Aventura proposes to adopt the followi~
Ordinances: .
. i ~ .
AN ORDINANCE OF THE CITY OF5:
AVENTURA, FLORIDAj EXTENDING. THE " :
DURATION OF THE EXISTING BUILDING l' :
MORATORIUM. ON ISSUANCE OF. .
DEVELOPMENT ORDERS AND,c
QEVELOPMENT . PERMITS WITHIN THE'
MARINA AREA AND THE HOSPITAL AREA, 0 :
AS PREVIOUSLY IMPOSED PURSUANT TO .~ :
ORDINANCE NO. 97-22 OF THE CITY OF I, :
AVENTURAjBY AMENDING SECTION 8i :
"TERM" OF ORDINANCE NO. 97.22 TO
PROVIDE FOR EXTENSION OF SUCH"
MORATORIUM, SO AS TO ENABLE CITY'S,
COMPREHENSIVE PLAN TO BE \ .
COMPLETED ANDIMPLEMENTEDj
PROVIDE FOR SEVERABILlTYj ,
PROVIDING FOR AN EFFECTIVE DATE. ., .
A Public Hearing for second reading of tlie
Ordinance will be held on Tuesday; March 17, 1998,
at 6' p.m. at the Colombia Aventura Medical Center,:
located at. 21110 Biscayne Boulevard, Suite 101,
Aventura, Florida. The proposed Ordinance may q,'
inspected by the public at the Office of the City Clerts,
2999 N.E. 191st Street, Suite 500, Aventura, Florida.
Interested parties may appear at the Public Hearln
and . be heard with respect to the propos
Ordinance. Any person wishing to address the City.
Council on any item at this Public Hearing is asked.to.
register with the City Clerk prior to that Item beint"
heard. .
Ht
In accordance with the Americans with DisabilitiEtIP
Act of 1990, all persons who are disabled and wH6
need special accommodations to partiCipate in !hill;,
proceeding because of that disability shouldconta!i.o
the Office of the City Clerk, 466-8901, not laterthal1tl
two business days prior to such proceedings.'~~'~
If a person decides to appeal any decision made:
by the City Council with respect to any matt,,'
considered at a meeting or hearing, that person wI",
need a record of the proceedings and, for sucft)
purpose, may need to ensure that.~ verbatim recoiW1
of the proceedings is made, which. record includ~#:~
the testimony and evidence upon which the appeal Ii"
to be based. w;,
Teresa M. Smith, CMCd-i-~
City Clerk :!:qj
Dated this 6th day of March, 1998.' ,:jf
~l .
I}f :
~ hits go-cart
ms motorized go-cart went through
ley the stop sign at the intersection,
p authorities said, and drove into
Ick the path of a tanker trock heading
west.
The trock driver, David
Edwards, 63, probably never sawi
the go-cart before hitting it, ofli.,
cials said. The collision took place
about 15 minutes before sunset
along a mraI stretch of road with-
out street lights.
Officials from Penn Tank Liner,
the company that owns the troc1" .
declined to comment. .
:h-
13,
he
ng
~
,ns
15
a
he
~, prof says
nonbelievers, but had to be careful
to keep their faith pure, Donatists
claimed the Bible demanded "a
physical withdrawal" from
nonbelievers and Christians who
didn't accept the Donatist views.
For a time, the empire-backed
Catholic Church persecuted the
Donatists. But the Donatists became
even stronger by identifying
themselves as the faithful church of
themartyrs.
BRIll FUIICTIOIS
$2 million grant to helP
in study ollear, anxiety
UnMnIIr III FIarIdII researchers
have received a $2 million grant
r!t from the National
Institutes of Health they
hope to use to gain a better
understanding of fear and
anxiety.
Scientists are studying whether
different types of fears, such as
phobias and general anxiety, involve
different parts of the brain, said
Peter Lang, director ofUFs Center
for Emotion and Attention.
Standard treatments for fear and
anxiety disorders are similar to those
used for phobias, such as fear of
heights and snakes, JeDera1ized
anxiety and panic disorders. There is
little information about whether the
brain limctions differently in each
disorder, Lang said.
Researchers are studying physical
reactions, such as changes in heart
and respiratory rates, of people in
different fear-producing situations.
They are also using mapetic
resonanoe imaging to chart .
variations in the flow of blood in the
~rains of people experiencinf fear
mdanxiety. When an area 0 the
)rain becomes more active, the flow
>fblood to the celIs there increases.
---.."'....--.". ..
..... .....11.....""'. -'..
.~{;=.1
" ..
.. ..
'\CJtPqf!!V
'",rov
,
~........'.
, .
'H~ot.. .
"""".r."
.->It.'VI,. ~
CITY OF AVENTURA
NOTICE OF ADOPTION ~,.:~';
OF ALCOHOLIC BEVERAqfiit;:~
ORDINANCE :.;;;,:,:
11"',.'....:'1
'b<I':"o":'
w.o;~;.,
The City of Aventura proposes to adopt the following Ordinarice<-:
.t-...",~. 0:.'
. . ~'I~
AN ORDINANCE OF THE CITY OF AVENTUM,',
..1\J'LJ.t".
FLORIDA, AMENDING THE CITY CODE BY CREAn~;.;
CHAPTER 4 OF THE CITY CODE uALCOHOLf€>..
BEVERAGESu; PROVIDING FOR THE REGULATlON~.'
HOURS AND DAYS OF SALE AND LOCATION OF PL4~;'
OF BUSINESS FOR SALE OF ALCOHOLIC BEVERAG~::~
PROVIDING FOR DEFlNmONS; REPLACING COUl'fO'U
ZONING RESTRICTIONS ON HOURS AND DAYS ,ID';:r
SALE AND LOCATION OF PLACE OF BUSINESS;:;r:'
MAINTAINING COUNTY ZONING DISTRICT"'"
REGULATIONS; PROVIDING FOR REGULATION :r:t1l;.:~
CONDUCT CONCERNING HOURS AND DAYS OF SAltr\
PROVIDING FOR INSPECTIONS; PROVIDING Fog':"
SEVERABILITY, PENALTY, INCLUSION IN THE CODE::
AND AN EFFECTIVE DATE. un;,;:"
r".,....:.
A Public hearing for first reading of the Qrdinance will be Held
on Tuesday, March 17, 1998, at 6 p.m. at lhI! Columbia AvenlUC'-
Medical Center, located at 21110 Biscayne Boulevard, Suit'l;~l<
Aventura, Florida. The proposed Ordinance may be inspectedibJ'
the public at the Office of the City Clerk, ~999 N.E. 191st ~;
Suite 500, Aventura, Florida. Interested parties may appear ~ .fl,\~
Public Hearing and be heard with respect to tlie prop~'
Ordinance. Any person wishing to address the City Counl=.itqj:!
any item at this Public Hearing is asked to register with thEl ~W
Clerk prior to that item being heard. .,,~ ,
rT\U, ,
In accordance with the Americans with Disabilities Act of 'l9.9Q;-'
all persons who are disabled and who need sp'i!l5.~r
accommodations/to participate in this. proceeding because ot.lRat
disability shoulct:contact the Office of the City Clerk, 466-890l,,~
Iater than two business days prior to such proceedings. ....- ;._~\'
....J.. "',. ~.'
If a person decides to appeal any decision made by the'TI~
Council with respect to any matter considered at a meetin~h '~~or:
hearing, that person wil1 need a record of the proceedings an ~.r
such purpose, may need to ensure that a verbatim record '1'J!f).e'
proceedings is made, which record includes the testimony,~
evidence upon which the appeal is to be based. h".'}
11. ~r. ';, .J:
Dated this 9th March, 1998
Teresa M. Smith, CMe<":!
CityOerk~'" ',i.
I''^' ~1I.
Disputes inVestigated. Q!Jestions answered. Problems solved. ,;,,,,,
Action Line ~,~
'~'" .
;..
,