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04-07-1998 CC Meeting AgendaCITY OF AVENTURA COMMISSION AGENDA April 7, 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 Cit~ Commission Arthur L Snyder, Mayor Jay ]iL Beskin, Vice Mayor Arthur Berger Ken Cohen Harry Holzberg Jeffrey M. Perlow Patricia Rogers-Libcrt CitF Manager Eric M. Soroka City Clerk Teresa M. Smith City Attornev Weiss Serota Helfman Pastoriza & Guedes AGENDA Commission Meeting April 7, 1998 - 6:00 P.M. Aventara Medical PaCts Building 21110 Biscayne Boulevard Suite 101 Aventura, Florida 33180 CALL TO ORDERLROLL 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 comnUssion'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 Commassion will not consider what you have said in its final deliberations. DISCLOSURE OF ANY EX-PA.RTE COMMUNICATIONS PURSUANT TO ORDINANCE 96-09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING A NON-USE VARIANCE TO INSTALL AN EQUIPMENT SHELTER WHICH EXCEEDS THE ALLOWED HEIGHT FOR ROOFTOP TELECOMMUNICATION EQUIPMENT AT 2875 NE 191 STREET, AVENTURA, FLORIDA; ALLOWING FOR AN EFFECTIVE DATE. April 7, 1998 Commission Meeting A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF PROPERTY CURE FOR EMINENT DOMAIN PROCEEDINGS FOR PROPERTY LEGALLY DESCRIBED IN EXHIB1T #1 AND COMMONLY KNOWN AS "COVE OF BISCAYNE SHOPPING CENTER"; GRANTING A NON-USE VARIANCE OF SETBACK REQUIREMENTS TO WAIVE ELEVEN FEET (11') OF THE REQUIRED TWENTY FOOT (20') FRONT SETBACK WHERE A NINE (9') FOOT FRONT SETBACK IS PROPOSED (BISCAYNE BOULEVARD); GRANTING A NON-USE VARIANCE OF OPEN SPACE REQUIREMENTS TO WAIVE 2.1% OF THE REQUIRED 12.6% OPEN SPACE WHERE 10.5% OPEN SPACE IS PROPOSED; PROVIDING AN EFFECTIVE DATE. 4. APPOINTMENT OF VICE MAYOR APPROVAL OF MINUTES: Commission Meeting Commission Workshop Town Hall Meeting March 17, 1998 March 24, 1998 March 30, 1998 6. AGENDA: Request for Deletions/Emergency Additions SPECIAL PRESENTATIONS: None 8. CONSENT AGENDA: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, REQUESTING THE FLORIDA DEPARTMENT OF TRANSPORTATION AND MIAMI-DADE COUNTY PUBLIC WORKS DEPARTMENT TO STUDY THE FEASIBILITY OF CONNECTING THE WILLIAM LEHMAN CAUSEWAY WITH DIXIE HIGHYVAY IN ORDER TO IMPROVE TRAFFIC CIRCULATION AND REDUCE TRAFFIC AT THE INTERSECTIONS OF IVES DAIRY ROAD AND BISCAYNE BOULEVARD; AND PROVIDING AN EFFECTIVE DATE. (Requests FDOT and Miami-Dade County Public Works Department to study feasibility of connecting William Lehman Causeway with Dixie Highway) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA RECREATION AND CULTURAL ARTS ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE. (Provides for reappointmem of Recreation and Cultural Arts Advisory Board) April 7, 1998 Commission Meeting A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPOINTING THE FIRM OF C.A.P. ENGINEERING CONSULTANTS, INC. TO PERFORM BUILDING INSPECTION AND PLAN REVIEW PROFESSIONAL CONSULTANT SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR PROFESSIONAL SERVICES; AGREEING TO THE NEGOTIATED SCOPE OF SERVICES AND FEES CONTAINED IN SAID AGREEMENT; AND, PROVIDING AN EFFECTIVE DATE. (Authorizes City Manager to execute Agreement with C.A.P. Engineering Consultants, Inc. to provide building, public works and engineering inspection and plan review services) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE 98-02 WHICH ESTABLISHED A RESIDENCY POLICY FOR UTILIZATION OF AVENTURA FOUNDERS PARK; BY AMENDING SECTION 1 TO FURTHER DEFINE THAT PORTION OF FOUNDERS PARK FOR WHICH A RESIDENCY POLICY IS ESTABLISHED; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. (Amends current residency policy for utilization of Founders Park by allowing non- residents to utilize the southern portion of the park site without paying a fee) AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; PROVIDING FOR THE SEMI-ANNUAL APPOINTMENT OF VICE-MAYOR; PROVIDING FOR SEVERABIL1TY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. (Provides for appoimment of Vice Mayor in April and October of each year) MOTION TO ACCEPT FOR FILING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDED 9/30/97 (Provides formal acceptance and filing of original comprehensive annual financial report for fiscal year ended 9/30/97) MOTION AUTHORIZING THE APPROPRIATION OF UP TO $39,000 FOR SWAT TEAM EQUIPMENT FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER' S MEMORANDUM (Authorizes allocation of funds for purchase of SWAT team equipment) 9. PUBLIC HEARINGS: ORDINANCES - SECOND READING April 7, 1998 Commission Meeting 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. 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. 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. 10. OTHER BUSINESS: None REPORTS 12. PUBLIC COMMENTS '13. ADJOURNMENT April 7, 1998 Commission Meeting SCHEDULE OF FUTURE MEETINGSfEVENTS: COMMISSION MEETING COMMISSION WORKSHOP COMMISSION MEETING COMMISSION MEETING APRIL21,1998 APRIL27,1998 MAY 5,1998 MAY 19,1998 6P.M 9 A.M. 6 P.M. 6P.M. *Government Center 2999 NE 191~ Street Suite 500 **Coronado Condominium 20301 W. Country Club Drive This meeting is opm to the public. In accordance with the America~s with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to paOJcipate in this meeting because of that disabilky should contact the Office of the City Clerk, 466-8901, not latex than two days prior to such proceeding. Ag~da items may be viewed at the Office of the City Clerk, Cily of Avelltura Government Center, 2999 NE 191~ Street, Suite 500, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should cxn~iaat the City Clerk at 466-8901. CITY OF AVENTURA COMMISSION WORKSHOP MEETING MARCH 24, 1997 - 9 A.M. Aventura Government Center 2999 NE 191~t Street Suite 500 Aventura, Florida 33180 The meeting was called to order at 9:00 a.m. by Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Ken Cohen, Harry Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Jay R. Beskin, Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Smith and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. Library Report. In response to the Commission's request, Mr. Soroka provided information including the amount of revenue generated in the City from the county Library tax, budgetary information relative to the North Miami Beach Library and reported on his discussions with Sunny Isles Beach and Golden Beach relative to financial support. Consensus to have a study prepared within 90 days relative to the feasibility of having a City library. Aventura Blvd. Entrance Renovations. Landscape Architect William O'Leary presented a design of a proposed entrance feature for Aventura Boulevard. Consensus to proceed with cost analysis. City Manager to determine easement feasibilities on north and south entrances. Founders Park Non-Residency Policy. Consensus of a majority of the Commission to amend current ordinance to provide a residency policy for use of the portion of the park north of NE 190th Street. Traffic Operations Improvement Study. Henry Frondai, of Traffic Analysis Professionals, provided a traffic study of the intersection of Biscayne Boulevard and 203rd Street and recommendations to ease the traffic problem. Consensus to authorize staff to submit proposed recommendations to Miami-Dade County for consideration for implementation. w 10. 11. Lehman Causeway Connector (Commissioner Perlow). Commissioner Perlow requested Commission consider exploring the feasibility of connecting Lehman Causeway with Dixie Highway. Consensus to adopt Resolution urging Florida Department of Transportation to pursue. School Sitin.q Report. Mr. Soroka updated Commission as to his discussions with the School Board on potential school sites, including Gulfstream Race Track Property, property north of Aventura Turnberry Jewish Center, northwest Aventura (W. Dixie Hwy, 208th St, NE 28th Ave and 207th St) and Great Western Bank (182nd and Biscayne Blvd.). Recreation Programs - Dinner/Lunch Events (Commissioner Cohen). Consensus to reinstate lunch/dinner programs, with preference to City businesses, if feasible. Welfare to Waqes Pro.qram. Mr. Soroka updated Commission on feasibility of implementing a similar program to that of Miami-Dade County. No action taken. Plannin.q Approval Termination Procedure (City Attorney). Mr. Wolpin reported to the Commission relative to establishing reasonable time limits as a condition for zoning approvals. Consensus to authorize City Attorney to prepare an ordinance setting time limits for implementation of new variances, previously issued variances, and including a protective provision for vested rights. Update - North/South Ali.qnment Study. Mr. Soroka updated Commission on results of study. Consensus not to pursue. Other Business. Other issues discussed included effects of Porto Vita construction on surrounding areas; enclosure of garages in Aventura Estates; Beautification Advisory Board membership. The meeting adjourned at 12 noon. Teresa M. Smith, CMC, City Clerk Approved by the Commission on MINUTES CITY COMMISSION MEETING TUESDAY, MARCH 17, 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 Mayor Arthur I. Snyder. Present ware Commissioners Arthur Berger, Ken Cohen, Harry Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Jay R. Beskin, Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Smith, and City Attorneys Richard Jay Weiss and David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Chief Patricia Frosch led the pledge of allegiance. 3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M~ Ex-parte communications by Commissioners, if any, ware disclosed and filed with the City Clerk in accordance with Ordinance 96-09. All witnesses giving testimony in this hearing ware sworn in by the City Clerk. Mr. Weiss read the following resolution by title: 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. Community Development Planner Brenda Kelley explained the request of the applicant. Mr. Soroka read an additional condition proposed for inclusion in the approval of this application providing that applicant shall obtain a Certificate of Use and Occupancy from and promptly renew the same annually with the City of Aventura upon compliance with all terms and conditions of approval granted. If the approved use of the property shall cease, the applicant shall comply with the then applicable parking requirements for any new use of the property unless a variance of said requirements is approved by the Commission. Mayor Snyder opened the public hearing. The following individuals addressed the Commission: Clifford Schulman, Esq., 1221 Brickell Avenue and Jerry Falcon, 200 West Madison Street, Chicago, IL, representing the applicant. There being no further speakers, the public hearing was closed. An amendment was offered by Commissioner Perlow, seconded by Commissioner Rogers-Libert and unanimously approved to include an additional condition that appropriate signage be located at the fire lane to the south of the development to restrict traffic to emergency and moving vehicles only. A motion for approval of the request, as amended, was offered by Commissioner Cohen, seconded by Commissioner Rogers-Libert, unanimously passed and Resolution No. 98-27 was adopted. 4. APPROVAL OF MINUTES: A motion to approve the minutes of the March 3, 1998 Council Meeting was offered by Commissioner Perlow and seconded by Commissioner Rogers-Libert. Commissioner Rogers-Libert requested that page 2 reflect that Michael Snyder represented the applicant in the zoning hearing and that it was Commissioner Perlow's suggestion concerning the welfare to wages program implementation. The minutes, as amended, ware unanimously passed. 5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None 6. SPECIAL PRESENTATIONS: None. 7. CONSENT AGENDA: Commissioner Cohen requested removal of item 7.B, Commissioner Berger requested removal of items 7.D and 7.E. and Commissioner Rogers-Libert requested removal of item 7.F all from the Consent Agenda. 2 A motion to approve the Consent Agenda was offered by Commissioner Rogers- Libert, seconded by Commissioner Perlow, unanimously passed and the following action was taken: A. Resolution No. 98-28 was adopted as follows: 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. C. Resolution No. 98-29 was adopted as follows: 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. PUBLIC HEARINGS: ORDINANCES - FIRST READING A. Mr. Weiss read the following ordinance by title: 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. Mayor Snyder opened the public hearing. The following individuals addressed the Commission: Robert Jordan, Commodore Plaza; Tom Catticcio, owner of Apache Bar and Grill; and Sy Shadroff, Esq. Thero being further no speakers, the public hearing was closed. An amendment was offered by Commissioner Berger, seconded by Commissioner Cohen and unanimously passed to amend Section 4- 3(a) to delete the prohibition of sale of alcoholic beverages on Sunday. An amendment was offered by Vice Mayor Beskin, seconded by Commissioner Berger 3 and unanimously passed to change the world "church" to religious facility; to amend Section 4-2B(1) to reflect the measurement to be from the front door of the proposed place of business to the nearest point of the grounds of the religious facility; and to include squash court facilities in 4-2E(9). An amendment was offered by Commissioner Rogers-Libert, seconded by Commissioner Perlow and unanimously passed to provide a definition for "school"; to provide that alcoholic beverages sold in establishments included in 4-2E be consumed on premises and not purchased for taking off premises; and 4-2(I) be changed to reflect 30 days instead of 60. A motion for approval, as amended, was offered by Commissioner Rogers-Libert seconded by Commissioner Cohen and unanimously passed by roll call vote. The following items ware removed from the Consent Agenda and addressed separately: 7.B. Mr. Weiss read the following resolution by title: 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. A motion for approval was offered by Commissioner Rogers-Libert, seconded by Commissioner Holzberg, unanimously passed and Resolution No. 98-30 was adopted. 7.D. Mr. Weiss read the following ordinance by title: 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 CABLEVlSlON 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. Ila Feld, Esq., addressed the Commission. A motion for approval was offered by Commissioner Rogers-Libert, seconded by Vice Mayor Beskin and unanimously passed. 8. PUBLIC HEARINGS: ORDINANCES- FIRST READING AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 97-20 WHICH PROVIDED THE TERMS AND 4 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. Mayor Snyder opened the public hearing. There being no speakers, the public hearing was closed. A motion for approval was offered by Commissioner Rogers- Libert, seconded by Vice Mayor Beskin and unanimously passed by roll call vote. 7.E. Mr. Weiss read the following ordinance by title: 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. A motion to table this item was offered by Commissioner Cohen and seconded by Commissioner Rogers-Libert. The motion failed 1-6, with Commissioner Cohen voting yes and Commissioners Berger, Rogers-Libert, Holzberg, Perlow, Vice Mayor Beskin and Mayor Snyder voting no. The following individuals addressed Council: Leonard Brenner, 19355 TurnberrTy Way; Ginger Grossman, Bona Vida; Irv Schwartz, 19555 NE 37 Avenue; Robert Stevens, Mystic Point; Mr. Jordan; George Berlin, Tumberry Associates; Donald Brodey, Williams Island; Charlotte Everett, Bona Vida; June Stevens, Del Vista Townhomes; Walter Erickson, 20355 NE 34th Court; Art Grossman, Bona Vida; Harry Crook, Commodore Plaza; and Paul Libert, La Mirage. A motion for approval was offered by Vice Mayor Beskin and seconded by Commissioner Cohen. An amendment was offered by Commissioner Rogers- Libert to strike section 2 and the last half of the second whereas clause. The motion died for lack of second. The motion for approval of the ordinance failed 2-5, by roll call vote, with Commissioner Cohen and Vice Mayor Beskin voting yes and Commissioners Rogers-Libert, Berger, Holzberg, Perlow and Mayor Snyder voting no. 7.F. Mr. Weiss read the following resolution by title: 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 5 EDUCATION CLASSES AS PRESENTLY OFFERED; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Beskin, seconded by Commissioner Berger, unanimously passed and Resolution 98-31 was adopted. 9. PUBLIC HEARINGS: ORDINANCES- SECOND READING 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 Commissioner Rogers- Libert, seconded by Vice Mayor Beskin, unanimously passed by roll call vote and Ordinance No. 98-08 was enacted. 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 Commissioner Rogers- Libert, seconded by Commissioner Holzberg, unanimously passed by roll call vote and Ordinance No. 98-09 Was enacted. 10. OTHER BUSINESS: None 11. REPORTS: As presented. 12. PUBLIC COMMENTS. The following individuals addressed the Commission: Mr. Crook; and Mr. Jordan. 6 13. ADJOURNMENT. There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 9:!5 p.m. Teresa M. Smith, CMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings if made, which record includes the testimony and evidence upon which the appeal is to be based. 7 MINUTES TOWN HALL MEETING MONDAY, MARCH 30, '1998 7:00 P.M. Coronado Condominium Aventura, Florida 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 7:00 p.m by Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Ken Cohen, Harry Holzberg, Jeffrey M. Perlow (arrived at 7:30 p.m.), Patricia Rogers-Libert, Vice Mayor Jay R. Beskin, Mayor Snyder, City Manager Eric M Soroka and City Clerk Teresa M. Smith. The following individuals addressed the Commission: Marian Fox, Coronado 2 Apt. 1526 Stop Sign West Side of Country Club Drive opposite Coronado (Presented petition) Mildred Hassack, Biscayne Lake Gardens Comprehensive Plan Public Hearings Founders Park Lehman Causeway Exit - North Side Donna Shostead, 20379 W. Country Club Drive Coronado 3 Biscayne Blvd./Ives Dairy - traffic directional signal Douglas Gross, One Island Place Apt. 2801 Biscayne/207th Street - left turn Irv Blesser. Landmark Apt. 701 Noise emanating from Porto Vita School Bus Unloading Area Marian Nesbitt, Landmark Noise from cooling towers- Porto Vita Lights/207th Street Charlotte Everett, Bona Vita Pedestrian walkway- Aventura Blvd. Traffic lane markings bebNeen Walgreens/Publix Ginger Grossman, W. Country Club Drive Pedestrian walkway - Aventura Blvd. Flyover Manny Grossman, Coronado Commending Police Department Joyce Lemke, Coronado Apt. 927 Sidewalk - Aventura Blvd. Jack Syers-Apt. 1825 Coronado 2 Tennis court lighting Ethel Rushkind Apt. 1740 Coronado 3 Flooding on 191~ Street George Rivelas, Apt. 1929 Coronado 2 Pedestrian walkway Sol Kalichman, Biscayne Lake Gardens Sidewalk/Bench at Library Sol Weiss, Coronado 3 Founders Park Use Fee Sally Silvers, Coronado 1 Flyover The meeting adjourned at 7:35 p.m. Approved by the Commission on Teresa M. Smith, CMC, City Clerk Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings if made, which record includes the testimony and evidence upon which the appeal is to be based. TO: FROM: BY: DATE: SUBJECT: CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM City Commission Eric M. Soroka, Brenda Kelley, Pl~nn~ March 31, 1998 Petition of Nextel for a non-use variance to install an equipment shelter which exceeds the allowed height for rooftop telecommunication equipment at 2875 NE 191 Street. Application Number: 01-UU-98 April 7, 1998 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the request subject to the conditions outlined herein. THE REQUEST The applicant is requesting a non-use variance to install an equipment shelter which exceeds the allowed height for rooftop telecommunication equipment at 2875 NE 191 Street. BACKGROUND OWNER OF PROPERTY: ADDRESS OF PROPERTY: LEGAL DESCRIPTION: EXISTING ZONING: FUTURE LAND USE DESIGNATION: Turnberry Associates 2875 NE 191 Street (Turnberry Plaza) See Exhibit #1 BU-2, Special Business District Business and Office Zoning - Subject Property: Property to the North: Property to the South: Property to the East: Property to the West: BU-2, Special Business District BU-2, Special Business District BU-2, Special Business District BU-2, Special Business District BU-2, Special Business District Existing Land Use- Subject Property: Property to the North: Property to the South: Property to the East: Property to the West: office building William Lehman Causeway and Aventura Mall Concorde Plaza and Loehmann's Fashion Island office building Champion Retail and Marriott Hotel (under construction) 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: Business and Office Business and Office Business and Office Business and Office Business and Office The Site - The subject site, located at 2875 NE 191 Street, is the ten-story, Turnberry Plaza building. (See Exhibit #2 for a location map). The Project - The applicant approached the City to allow them to install nine (9) antennas mounted to the exterior parapet wall, three (3) antennas to be mounted to the inside of the parapet wall, and a new pre-fabricated fiberglass equipment shelter on a rooftop steel support structure. The antennas meet the guidelines provided for in Ordinance No. 98-05 and may be installed, at this time, upon issuance of a building permit. However, the Ordinance does not allow for an equipment shelter, used in association with antennas, to exceed 80" in height. The applicant is proposing an equipment shelter that is 11' (132") high and is raised 5'-4" (64") off the rooftop, for an overall height of 16'-4" (196"). Nextel Communications is proposing the installation of a weather proof 10'W x 20'L x 11'H shelter to be located on the roof, for the purpose of housing all and future communications equipment. The proposed installation of this equipment shelter, and the associated antennas, is for the purpose of providing cellular coverage in the City of Aventura for those Nextel customers with Nextel cellular phones. Currently, coverage in this area is inadequate for the amount of cellular traffic that exists. 2 Background - In May 1996, City Commission passed and adopted Resolution No. 97- 31 which granted unusual use approval to Sprint Spectrum to permit three (3) panel antennas to be affixed to the building parapet and one (1) GPS antenna mounted on the rooftop mechanical room at the same location as this application. Since that time, Ordinance No. 98-05 was passed and adopted (in February 1998) which provides for specific guidelines for wireless telecommunications installations. Nextel's request for the twelve (12) panel antennas is consistent with the guidelines provided for approval. However, Nextel is requesting a non-use variance approval because their equipment shelter exceeds the 80" height allowed by Ordinance No. 98-05. 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 Community Development Department Analysis - The Community Development Department is supportive of this project. The applicant's request is consistent with the intent of Ordinance No. 98-05, which encourages co-location and shared use of new and pre-existing telecommunications facilities. Furthermore, the parapet wall of the building, and the height of the building, sufficiently screens the equipment shelter from the general public. The applicant is requesting a non-use variance to install rooftop telecommunication equipment that is 196" high, exceeding the allowed height of 80", at 2875 NE 191 Street. Ordinance No. 98-05 Section 7 specifies permitted uses on private property. Antennas on pre-existing structures are a permitted use providing that they conform to specific guidelines. The proposed antennas in this application conform to all the requirements and are therefore, allowed on private property, upon issuance of a building permit. Section 9 of Ordinance No. 98-05 reads as follows: Section 9. Buildings or Other Equipment Facilities The following standards shall apply: A. Antennas Mounted on Structures or Rooftops. The equipment cabinet or structure used in association with antennas shall comply with all of the following: 1. The cabinet or structure shall not contain more than 300 square feet of gross floor area or be more than 80 inches in height. In addition, for buildings and structures which are less than four 3 (4) stories in height, the related unmanned equipment structure, if over 100 square feet of gross floor area or 3 feet in height, shall be located on the ground and shall not be located on the roof of the structure unless the building or structure is completely screened from sight pursuant to the requirements of Section 5(H). The equipment shelter contains 210 square feet of gross floor area but is 196 inches in height. The building upon which the shelter is proposed to be constructed is ten (10) stories in height. If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than five (5) percent of the roof area. The roof area of the building is approximately 14,161 square feet. The proposed Nextel equipment shelter is 210 square feet, and the existing Sprint radio cabinet mounted on steel support structure covers 27 square feet of the roof area, for a combined coverage of 237 square feet, which is less than two (2) percent of the roof area. 3. Equipment buildings or cabinets shall comply with all applicable zoning and building codes, including minimum setback requirements, as provided in Section 8. Complies. 4. Mobile or immobile equipment not used in direct support of a telecommunications tower facility shall not be stored or parked on the site of the telecommunication tower, unless repairs to the telecommunications tower are being made. Not applicable. 5. All buildings and equipment cabinets shall be unoccupied at all times. This facility shall be unoccupied at all times. Ordinance No. 98-05 also sites general guidelines in respect to the preferred locations of telecommunication systems such as: 4 "it is the intent of the City to protect and promote the health, safety and general welfare of its citizens and residents, the traveling public and others in such manner that will minimize both the number of telecommunications towers and antennas and the adverse visual impact and other potential damage by these facilities by encouraging co-location and shared use of new and pre-existing telecommunications facilities, through incentives, careful design, engineering siting, landscape screening and innovative camouflaging techniques...." The proposed location already has telecommunication equipment and therefore, provides for a good location, allowing for co-location of equipment. Furthermore, the parapet of this building extends almost four feet above the roofline, thereby providing screening from the general public. The equipment shelter will be visible seven feet above the parapet, however, because of the height of the building, at ten stories, very little, if any, of this equipment shelter will be seen from street leveL 2. "Section 2. Purpose .... (c) .... encourage the location of towers in non-residential areas and to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; (d) minimize the total number of towers throughout the community by strongly encouraging the co-location of antennas on new and pre- existing tower sites as a primary option rather than construction of additional single-use telecommunications towers; (e) encourage users of telecommunications towers and antennas to configure them in a way that minimizes the adverse impact of the telecommunications towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques; .... The proposed location is in a non-residential district, encourages co- location of antennas, and the parapet of the building screens the equipment shelter. .... "If an antenna is installed on a structure other than a telecommunications tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible..." The proposed antennas and equipment shelter will be painted to match the existing building finish. The guidelines for approval of non-use variances as required by Miami-Dade County Code Section 33-311(e)(2) requires: 5 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 parapet waft of the building, and the height of the building, sufficiently screens the equipment shelter from the general public. Furthermore, the antennas will be located in a non-residential district, which is more compatible with the surrounding land uses than if they were located in a residential district, and would not be detrimental to the community. 2. No showing of unnecessary hardship to the land is required. 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: · Title Sheet, Sheet T-l, prepared by PAL Telecom Group, Inc., dated 3-24-98; · General Notes and Specifications, Sheet GN-1, prepared by PAL Telecom Group, Inc., dated 3-24-98; · General Notes and Specifications, Sheet GN-2, prepared by PAL Telecom Group, Inc., dated 3-24-98; · Overall Roof Plan General Notes and Details, Sheet A-l, prepared by PAL Telecom Group, Inc., dated 2-20-98; · Building Elevations, Sheet A-2, prepared by PAL Telecom Group, Inc., dated 3-24- 98; · Equipment Shelter Elevations, Sheet A-3, prepared by PAL Telecom Group, Inc., dated 3-24-98; · Antenna Mounting Details, Sheet A-4, prepared by PAL Telecom Group, Inc., dated 3-24-98; · Structural Plan and Details, Sheet S-1, prepared by PAL Telecom Group, Inc., dated 3-24-98; · Structural Details, Sheet S-2, prepared by PAL Telecom Group, Inc., dated 3-24-98; · Utility Routing Plans, Sheet E-l, prepared by PAL Telecom Group, Inc., dated 3-24- 98; · Electrical Riser Diagram Utility Routing Details, Sheet E-2, prepared by PAL Telecom Group, Inc., dated 3-24-98; · Grounding Plan and Details, Sheet E-3, prepared by PAL Telecom Group, Inc., dated 3-24-98; 6 2. Applicant shall obtain building permits within 12 months of the date of this Resolution or the approval 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. PROJECT SPECIFIC CONDITIONS 1. Pursuant to Ordinance 98-05 Section 5(S) ..."Owners and/or operators of towers or antennas shall certify that all franchises/licenses required by law for the construction and/or operation of a wireless communication system in the City have been obtained and shall file a copy of all required franchises/licenses with the City." Such franchises/licenses shall be filed with the City prior to issuance of the building permit, 2. ^ Security Fund in the amount of $45,000.00 will be provided prior to issuance of the building permit. Such Security Fund will meet the requirements of Ordinance No. 98-05 upon determination of the City Manager or his designee, 3. The equipment shelter shall be unoccupied at all times. 4. The proposed antennas and equipment shelter will be painted to match the existing building finish. /staff repo~ts/O1-UU-98 Nextel 7 Legal Description SUBJECT PROPERTY: That portion of the east % of the SE % of the NW ~ of Section 3, Township 52 South, Range 42 East, lying south of the N.E. 192nd Street Limited Access Right-of-Way and less and except the south 35' thereof for right-of-way purposes. A/KJA: A parcel of land being a part of the east ~ of the SW % of the SE % of the NW % of Section 3, Township 52 South, Range 42 East, said parce~'being more particularly described as follows: Commence at the Southeast comer of NW N of said Section 3, Township 52 South, Range 42 East; thence S87°35'12"W, along the south line of said NW % of Section 3 a distance of 669.86'; thence N2°58'20"VV along the east line of the said east ~ of the SW 34 of the SE N of the NW ~ of Section 3 for 35' to the Point of beginning, of the herein described parcel; thence S87°35'12"W along the north right-of-way line of N.E. 191st Street per Official Records Book 12487, at page 912, said right-of-way line being 35' north of the south line of said NW N for 335.09'; thence N2°52'3"W~ along the west line of the said east ½ of the SW ~ of the SE % of the NW 34 of Section 3 for 616.4'; the following 3 courses being along the SW/Iy right-of-way line of State Road 856 also being part of the limited access right-of-way line of N.E. 192nd Street, per Florida Department of Transporafion right-of-way Map (Section 87013-2510); (1) thence S48~23'59"E for 102.19'; (2) thence S56°50'26"E for 102.19' to a Point of curvature; (3) thence SE/ly along the am of a 1,290.92' radius curve leading to the left, having a central angle of the arc of a 129.92' radius curve leading to the left having a central angle of 3°41'55'' for an arc of 83.33'; thence S2e58'20"E along the east line of the said east % of the SW % of the SE % of Section 6 for 360.36' to the Point of beginning. EXHIBIT #1 - WATERWAYS YACHT CLUB DR. ~aterways ~ ~oppes' 207 ST. CLUB DR, 201 TER. City of Aventura 190 188 ST. ;331 LEGEND ZIP ( Roadways City Boundary RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING A NON-USE VARIANCE TO INSTALL AN EQUIPMENT SHELTER WHICH EXCEEDS THE ALLOWED HEIGHT FOR ROOFTOP TELECOMMUNICATION EQUIPMENT AT 2875 NE 191 STREET, AVENTURA, FLORIDA; ALLOWING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned BU-2, Special Business District; and WHEREAS, the Applicant, Nextel, through application 01-UU-98, has requested a non-use variance to install an equipment shelter which exceeds the allowed height for rooftop telecommunications equipment; and WHEREAS, the Community Development Department recommends approval of this request subject to conditions; and WHEREAS, 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Resolution No. __ Page 2 Section 1. Application No. 01-UU-98 for a non-use variance to install an equipment shelter which exceeds the allowed height for rooftop telecommunications equipment on property legally described as: SEE ATTACHED EXHIBIT A A/K/A 2875 NE 191 STREET AVENTURA, FLORIDA is hereby granted subject to each of the following conditions: STANDARD CONDITIONS 1. Plans shall substantially comply with those submitted as follows: · Title Sheet, Sheet T-l, prepared by PAL Telecom Group, Inc., dated 3-24-98; · General Notes and Specifications, Sheet GN-1, prepared by PAL Telecom Group, Inc., dated 3-24-98; · General Notes and Specifications, Sheet GN-2, prepared by PAL Telecom Group, Inc., dated 3-24-98; · Overall Roof Plan General Notes and Details, Sheet A-l, prepared by PAL Telecom Group, Inc., dated 2-20-98; · Building Elevations, Sheet A-2, prepared by PAL Telecom Group, Inc., dated 3-24- 98; · Equipment Shelter Elevations, Sheet A-3, prepared by PAL Telecom Group, Inc., dated 3-24-98; · Antenna Mounting Details, Sheet A-4, prepared by PAL Telecom Group, Inc., dated 3-24-98; · Structural Plan and Details, Sheet S-1, prepared by PAL Telecom Group, Inc., dated 3-24-98; · Structural Details, Sheet S-2, prepared by PAL Telecom Group, Inc., dated 3-24-98; · Utility Routing Plans, Sheet E-l, prepared by PAL Telecom Group, Inc., dated 3-24- 98; · Electrical Riser Diagram Utility Routing Details, Sheet E-2, prepared by PAL Telecom Group, Inc., dated 3-24-98; · Grounding Plan and Details, Sheet E-3, prepared by PAL Telecom Group, Inc., dated 3-24-98. Resolution No. Page 3 2. Applicant shall obtain building permits within 12 months of the date of this Resolution or the approval 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. PROJECT SPECIFIC CONDITIONS 1. Pursuant to Ordinance 98-05 Section 5(S) ..."Owners and/or operators of towers or antennas shall certify that all franchises/licenses required by law for the construction and/or operation of a wireless communication system in the City have been obtained and shall file a copy of all required franchises/licenses with the City." Such franchises/licenses shall be filed with the City prior to issuance of the building permit. 2. A Security Fund in the amount of $45,000.00 will be provided prior to issuance of the building permit. Such Security Fund will meet the requirements of Ordinance No. 98-05 upon determination of the City Manager or his designee. 3. The equipment shelter shall be unoccupied at all times. 4. The proposed antennas and equipment shelter will be painted to match the existing building finish. Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. This Resolution shall become effective immediately upon its adoption. Resolution No. __ Page 4 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 day of ,1998, ATTEST: ARTHUR I. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this __ day of ,1998. CITY CLERK .Legal Description SUBJECT PROPERTY: That portion of the east ~ of the SE % of the NW % of Section 3, Township 52 South, Range 42 East, lying south of the N.E. 192nd Street Limited Access Right-of-Way and less and except the south 35' thereof for right-of-way purposes. A/WA: A parcel of land being a part of the east ~ of the SW % of the SE % of the NW % of Section 3, Township 52 South, Range 42 East, said parcei' being more particularly described as follows: Commence at the Southeast comer of NW % of said Section 3, Township 52 South, Range 42 East; thence S87°35'12"VV, along the south line of said NW % of Section 3 a distance of 669.86'; thence N2o58'20"W along the east line of the said east ½ of the SW % of the SE % of the NW % of Section 3 for 35' to the Point of beginning, of the herein described parcel; thence S87°35'12"W along the north right-of-way line of N.E. 191st Street per Official Records Book 12487, at page 912, said right-of-way line being 35' north of the south line of said NW % for 335.09'; thence N2°52'3"W along the west line of the said east ~ of the SW % of the SE % of the NW ~ of Section 3 for 616.4'; the following 3 courses being along the SW/Iy right-of-way line of State Road 856 also being part of the limited access right-of--way line of N.E. 192nd Street, per Flodda Department of Transpomfion right-of-way Map (Section 87013-2510); (1) thence S48~3'59"E for 102.19'; (2) thence S56°50'26"E for 102.19' to a Point of curvature; (3) thence SE/ly along the arc of a 1,290.92' radius curve leading to the left, having a central angle of the arc of a 129.92' radius curve leading to the left having a central angle of 3°41'55'. for an arc of 83.33'; thence S2°58'20"E along the east line of the said east % of the SW % of the SE % of Section 6 for 360.36' to the Point of beginning. EXHIBIT #1 NEXTE£ City of Aventura Community Development Dept. 2999 NE 191 Street, Suite 500 Aventure, Florida 33180 03-03 -98 Nextel 6700 N. Andrews Avenue, Suite 700 Ft. Lauderdale, FL 33309 954 275-2400 FAX 954 275-2401 Re: Nextel Site # 1856B Unusual Use Application Please accept this letter as a detail description, explaining the extent of the requested development action, and how this request serves the public benefit. This Unusual Use request is for the purpose of installing telecommunications equipment at 2875 NE 191st located in Aventura, Florida. This is an existing ten story office building. All proposed telecommunications equipment has been designed for installation on the roof top. The purpose of locating all equipment on this rooftop is based upon the property owners wishes, and that relates to the best utilization of existing space in/on the property. To attempt to locate equipment inside the building is not practical because of the existing utilization, that being that these spaces inside the existing building are better utilized as office space for tenants or prospective tenants. Therefor, mounting the proposed telecommunications equipment on the roof makes better practical use of this existing building. Nextel Communications is proposing the installation of a weather proof 10 X 20 X 11 shelter to be located on the roof, for the propose of housing all and future communications equipment. The location of this shelter has been designed based on a number of disciplines to include the original design of the structural components of the building in order to meet wind load requirements. The location of the proposed antennas has been designed to optimize the radio frequency requirements as dictated by the use of the general public in the use of celhilar phones in the community, and to accommodate the wishes of the property owner, taking into consideration the esthetics of the building. This proposed installation is for the purpose of providing cellular coverage in the City of Aventura, for those Nextel customers with Nextel cellular phones. Currently coverage in this area is inadequate for the amount of cellular traffic that exists. If there are any questions that I may answer regarding this request, please do not hesitate to contact me at 954-275-2429. )Sh~cerel~.-~ Site Development Manager CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT 2999 NE 191 Street, Suite 500 Aventura, Florida 33180 (305) 466-8940 PUBLIC HEARING APPLICATION FOR UNUSUAL USE DATE: '~-~ -©c~---~ PROPOSED PROJECT NAME: tV~.~ <~'--~:: LOCATION: ~ ~ ~ ~ ~~ LEGAL DESCRIPTION: ~ ~ FOLIO NUMBER(e): ~ ~'~ ~ CURRENT ZONING: CURRENT ~ND USE: PROPOSED USE OF PROPERTY: (Attach additional sheets if necessary) Name of A~plicant or Contact PeT: Phone No.: Add~ of Applicant: Name of Property Owner (if other than~oplicant): Address of Property Owner~2~ Phone No.: 1. The followinq documents are required to be submitted with and deemed to be incorporated into this petition, as applicable: ALL APPLICATIONS MUST BE ACCOMPANIED BY A LETTER OF INTENT. Please describe in detail, whether and to what extent the requested development action serves a public benefit which would war~n~, the granting of the request =-nd specific justification for approval of the application, nature of the requests and any other pertinent information. Insufficient justification may result in the denial of your application. One (1) original application, signed and notarized by the applicant, owner and/or attorney and, if necessary, authorization to another individual to represent the applicant. ~J'~ One (1) original, currant (within 30 days) Ownership and Encumbrances Report for the subject property. A complete zoning history of the property required. is The attached Certificate of Resolutions form must be completed and signed by a Metro-Dade employee from the Zoning information Section. Ten (10) copies (folded) of a regis[erea, current (within 30 days), signed and sealed survey of the subject property, based upon the Ownership and Encumbrances Report. Surveys must delineate existing natural features, easements, existing structures and uses, and existing utility lines. __ Ten (10) copies (folded) liquor survey, prepared and sealed by a registered land surveyor, with 1,500 ff. radius (required for approval of lounge, bar or package liquor store only). Ten (10) sets of photographs of existing structures on site and/or 8"x10" color photographs or color rendering of proposed construction. Disclosure of Interest Form Is this hearing being requested as a result of a violation notice or summons? Yes __ No ~ If yes, in whose name was the violation or summons notice served? Nature of violation Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous ~.~r~rty. Is there an option to purchase or lease subject property or property contiguous thereto, predicated on the approval of this application? Yes __ No ~ If yes, who are the affected parties? ~ (Copy of purchase contract must be submitted with this application). Are there plans representing new construction? Has construction started? Has construction been completed? Are there any existing structures on the property? Will the existing structures be demolished? Yes __ No ~L. Yes No Yea -- No 7 Yes ~,. No Yes ' No ~ 2. Labels, Notification and Advertisinq (Pursuant to Ordinance No. 97-15) ALL COSTS OF ADVERTISING, MAILING AND POSTING SHALL BE BORNE BY THE APPLICANT. The Community Development Department shall prepare and coordinate a published notice of the application and the mailing of a courtesy notice using labels provided by the applicant. The following is required of the applicant and must be presented with any and all applications: __ One (1) notarized copy of a list of the names and addresses of all property owners located within 300 foot radius of the exterior boundary of the subject property. If the subject property constitutes only a portion of a contiguous ownership parcel, the exterior boundary from which the appropr;ate radius [s tc be projected wi!! be the extedor boundary of the entire contiguous ownership parcel, __ One (1) set of self-adhesive labels of the same list to be used for mailing purposes. Failure of applicant to provide the required labels will constitute an incomplete submittal package and may cause the delay of the public hearing until such time that the required labels are received The subject property shall be posted no ~ater than ten (10) days pdor to the public hearing. Such posting shall be displayed in a manner conspicuous to the public, by a sign or signs no less than 24" x 36" in size and containing information concerning the application, including but not limited to, the applied for zoning action and the time and place of the public hearing. 2 Filinq and Hearing Fees A check made payable to the City of Aventura for the amount of $ 850.00. A check made payable to Dade County for $110,00 for Concurrency review by the County. 4. Property Violations As part of the review, your property may be subject to vadous inspections by City pe:$onnel. If building, zoning or Code Compliance violations are found, your request for a public headng will be deferTed until such violations are corrected. 5. Responsibilit~ of Applicant It is the responsibility of the applicant to assure that all questions in the application and all required supplementary data are submk'ted at the time of the filing of the application and that all answers, plans and supplementary data are accurate and complete. All required plans, supplementary data, mailing labels and fees must be submitted at the same time as the application is filed, orthe application will be incomplete. Incomplete applications will not be scheduled for public headng and will be returned to the applicant. The filing of an incomplete application will not reserve a place on the headng agenda. An application submitted prior to the deadline does not automatically insure placement of the application on that hearing agenda. All data submitted in connection with the application becomes a permanent part of the public records of the City of Aventura. For Office Use Date Application Received: Application Number: I hereby acknowledge that I am aware that the Dade County Department of Environmental Resources Management (DERM), the City Engineer, the City Landscape Architect, the City Police Department, and other County agencies and City departments review zoning applicatiOns and proffer comments that may affect their scheduling and outcome. These comments sometimes include requirements for an additional public headng before the Environmental Quality Control Board, or other County Boards, and /or the prior preparation and execution of agreements to run with the land which are recorded. In addition to these agencies, I also, understand that the South Flodda Building Code may contain requirements that affect my ability to obtain a building permit for my project, and that approval of my zoning application does not constitute building permit approval. Contact with the above mentioned agencies is advised during the hearing process. Print Name of Petitioner STATE OF ~'l..Of~ I ~- Signature of Petitioner COUNTY OF ~(~ olng Instrum.~t was Sworn to and Subscribed before me this ~L day of /~ .,~,~'~ , 19 ,by IC,'~ ~ ~-~t~.~_~L.~ ' whois~yknown~tom.~.orwho ucea -~ as Identi§catlon.~ Printed Name of Notmy Public My Commission F~,~plres: ~J~)L/'. ~ x ~ ~ DEVELOPMENT APPLICATION OWNER CERTIFICATION (Please complete al._J that apply) For uae when netltioner Is the Owner of sublect Drone~: This is to ce~y that I am the owner of the subject lands described in the above application. I understand that I am responsible for complying with all application requirements prior to this pstition being scheduled for any public headng. I also understand that it is my responsibility to comply with the City's requirements regarding quasi-judicial proceedings. This further certifies that I have read this petition and the statements contained herein are true and correct. Print Name of Petitioner Signature of Petitioner STATE OF COUNTY OF Signature of Nota~ Pub{ic My Commission Ex~ires: For use when%e4tltloner ls NOT the Owner'of the Sublect Pronertv: This is to certify that 'l'al~ the owner of subject lands described in the above gelifion. I have authorized "'-., to make and file the aforesaid petition. T~le~rther ceKi[ies that I have read this petition and the statemen~s~,ontained herein are true and correcJ~ Print Name of Petitioner ~ Si/l~ure of Petitioner The foregoing instmment was Swom to and Subs.~'~l before me~s ¢ dayof ~I/~/~ , 19d1~ , Tenant or Owner Affidavit I, , being flint duly swom, depose and say that I am the owner/tenant of the property described and which is the subject matter of the proposed headng; that all the answers to. the questions in this application, and all sketch data and other supplementary matter attached to and made a part of the application are honest and true. I understand this application must be completed and accurate be[ore a hearing can be advertised. In the event that I or any one appearing on my behalf is found to hove mode a material misrepn~sentation, either oral or wriffen, regarding this application, I understand that any development action may be voidable at the option of the City of Aventura. ~ P~t Name of Petitionert Sig~nature of Petitioner · The oing in merit s Sworn to and Subscribed before me this ~igh~ °ffl~eta~P/Public My Commission Expires: ,/~ ~ ~/- ~ DEVELOPMENT APPLICATION OWNER CERTIFICATION (Please complete al__l that apply) For use when petitioner is the Owner of subiect =rol~ertv: This is to certify that I am the owner of the subject lands described in the above application. I understand that I am responsible for complying with all application requirements prior to this petition being scheduled for any public hearing. I also understand that it is my responsibility to comply with the City's requirements regarding quasi-judicial proceedings. This further certifies that I have read this petition and the statements contained herein are true and correct. print Name of Petitioner Signature of Petitioner STATE OF COUNTY OF The foregoing instrument was Sworn to and Subscribed before me this day of , 19 by who is personally known to me or who has produce~ as identification. Printed Name of Nob3ry Public Signature of Nnta~ Public My Commission Expires: For use when petitioner is NOT the Owner of the Subiect Prol~ertv: that I am the owner of subject lands described in the above petition. I have authorized to make and file the aforesaid petition. This further certifies that I have read this petition and the statements contained herein are true and correct. Print Name of Ownl ~r'I ,, ~ signatu're of Owfier STATE OF ~;~ ~ ~-t(:~d~ COUNTY OF The foregoing instrument was Sworn to and Subscribed before me this Z ~ ~ day of ~'~ ~'~(~ ~ , 19 q ~ , by ~ ~,-~. ~-~%~-~.~- who is personally known to m~ee or who has produced as identification. Pdnted Name of Nota~7 Public S~~ My Commission Ex~ires: Tenant 9r Owner Affidavit. ~)'~.~ ~,~u~/ ~. ~[~o~,r~/~--, ~\~'~- ., b~ing firstduly sw°m, depose and sa~'that I am~the owner/tenant of the prd~erty described and which ~s the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketch data and other supplementary matter attached to and made a part of the application are honest and true. I understand this application must be completed and accurate before a hearing can be advertised. In the event that I or any one appearing on my behalf is found to have made a matedal misrepresentation, either omi or written, regarding this application, I understand that any development action may be voidable at the option of the City of Aventura. Print Name Signature STATE OF ~[or { c~ COUNTY OF The foregoing~Dstru~e~t w~s :~vom io a~d Subscdl~ed~efore me this ~? day of by .[~o~ L '~[~. ~L~ ~~'~I~T ~[~ r w~ho is persona~ly known to me or who i~as preduce~ /~ A ) ' ~J Q a~i<~en~ti~.~thon. Print* Nam*of Not*r~ Public Signatur~'~Jl:~e~o~.* POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS that Turnberry Plaza, Ltd., a Florida limited partnership ("Turnberry") has made, constituted and irrevocably appointed, and by these presents does make, constitute, and irrevocably appoint Stuart Kessler as agent for Turnberry and in its name, place, and stead to execute and deliver or cause to be delivered that certain Development Application Owner Certification to the City of Aventura in connection with that certain Public Hearing Application For Unusual Use being submitted by Nextel to the City of Aventura for the property located at 2875 NE 191st Street in Aventura Florida. Turnberry gives and grants unto Stuart Kessler such further power and authority to do and perform any and all acts and things whatsoever necessary to be done in regards to the foregoing. IN WITNESS WHEREOF, I have hereunto set my hand and seal the c>~.~ay of March, 1998. Signed, sealed and delivered in~e presence of: Witness / \ Seo/~fe~lih, Secretary and Printed Na~e:~~ ~}~.__~ ~a~u~ of Yacht Club Realty ~ ~ / / Corp. ~ / General Partner of Turnberry Plaza, Ltd. Witn~ss~ ~ ~/ -- Printed Name: STATE OF FLORIDA COUNTY OF DADE The foregoing day of March, 1998 ) :ss ) instrument was acknowledged before me thi~ by George Berlin, Secretary and Treasurer of Yacht Club~ealty Corp. the General Partner of Turnberry Plaza, Ltd.,u"~ ~,~who is personally known to me or __ who produced the following identification: NStary Publ~, State of Florida Printed Nam~ My commission expires: ] ]476_hdo¢ OFFICIAL NOTARY SEAL NOTARY PUBUC STATE OF FLORIDA I COMMISSION NO. CC592997 MY COMMISSIOIg. EEP, ocr. 13,2000 sworn, depose and sa, Owner/Applicant of the all the answem to the ~ attached to and made a complete my behalf is found to application, I understand that an' Aventura. Print Name of Petitioner STATE OF ~-(..(~t/-)/~- being first duly the Attorney for the isthe sul: proposed headng; that matter [pplication must be ' one appearing on either oral or written, r~arding this )ption o,~te City of or who has produced Prfnted , Public My Commission E.~pires: /47~ Corporation Affidavit I/We, '~O~.[A-,~F~ L~'~fc~.~. '~,'~r;~ ~ ~ C~ . being fl~ duly sworn, depo~ and ~y that I~e'am ~6 Pmsiden~i~ President, and Secm~ of the aforesaid ~oration, and as su~, have b~n authodz~ by ~e ~omtion to file ~is application for pubflc heating; that all un.em to the que~ons in ~id appli~tion and all sketches, d~ and other supplementa~ muffet a~ed to and made a pa~ ~ this appli~tion am honeM and tree; that ~id ~omtion is the owner~enant ~ ~e pm~ descd~d heroin and which is the subje~ maffer of the proposed headng. We unde~and that this appli~tion must be ~mple~ and a~ur~e b~om a heating ~n be adve~ised. In the e~ ~et I or any one appearing on our behaE is found ~ have made a m~e~ misrepresentation, either omi or w~n, regaling · s app cat on, I unde~nd ~ any development ac~on may be voidable at ~e option ~ ~e C~ ~ Aventura. PHnt Name of P~Eioner ' Slgna~m Ef Pe~oner STA~OF ~1 ~,~ COUN~OF ~C~F~ ~e~ ~ in~ was ~m to a d Sub~b~ ~e me this ~ day ~ ~d-~- . 19 ff ~. ~ ~"~D L~ ~c~ ~s ~o~n ~or who has p~u~ as id~fi~c~ and '~-(did) (did n~) take Sign~e ~ N~a~ an oath. printed Name of Notary Public My Q3mmission Expires: NEXTE/2 March 24, 1998 City of Aventura 2999 NE 191 Street Aventura, FI. 33180 RECEIVED HAR 2 & 1998 COMMUNITY OEVELOPMEN1 Atto: Brenda Kelley Please be advised that Nextel is a publicly held corporation, therefore the disclosure of interest does not apply. If there are any questions that I may answer for you, please do not hesitate to call me any time. Site Development DISCLOSURE OFINTEREST If the property, which is the subject of the application, is owned or leased by a CORPORATION, list the principal stockholders and the percentage of stock owned by each. [Note: where the principal officers or stockholders consist of another corporation(s), trustee(s), partnership(s) or other similar entities, further disclosure shall be required which discloses the identity of the individual(s) (natural persons) having the ultimate ownership interest in the aforementioned entity]. ~orporation Name Name, Address, and Office Percenta~ of Stock If the property which is the subject of the application is owned or leased by a TRUSTEE, list the beneficiaries of the trust and the percentage of interest held by each.. [Note: where the beneficiary(les) consist of corporation(s), another trust(s), partnership(s) or other similar entities, further disclosure shall be required which discloses the identity of the individual(s) (natural persons) having the ultimate ownership interest in the aforementioned entity]. Trust Name Name and Address Percentage of Interest If the property which is the subject of the application is owned o~' leased by a ~ARTNERSHIP or LIMITED PARTNERSHIP, list the principals of the partnership, including general a~i~ limited partners, and the percentage of ownership held by each. [Note: where the partner(s) consist of another parthership(s), corporation(s), trost(s), or other similar entities, further disclosure shall be required which discloses the identity of the individual(s) (natural persons) having the ultimate ownership interest in the aforementioned entity]. !.Srsh, Name Partnership or Limited P 'p Name and Address Percentage of Ownership If there is a CONTRACT FOR PURCHASE, whether contingent on this application or not, and whether a Coq~oretion, Trustee, or Partnemhip, list the names of the contract pumhasers below, including the principal officers, stockholders, beneficiaries, or partners. [Note: where the principal officers, stockholders, beneficiaries, or partners consist of another corporation, trust, pa~nership, or other similar entities, further disclosure shall be required which discloses the identity of the individual(s) (natural persons) having the ultimate ownership interest in the aforementioned entity]. Date of Contract: Name Name and Address Percentage of Interest If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. For any changes of ownership or char.ges in contracts for purchase subsequent to the date of the application, but prior to the date of final public hearing, a supplemental disclosure of interest shall be filed. Pn~nt 3d Name of Notary Public My Commission Expires: The above is a full disclosure of all parties of interest in this application to the best of my S~gnature of Applicant ~' Print Name of Applicant Tnefo i i. rumentw~s m to and Subs~bed before me this c~ dayof /~ ~'/~ +/ by .re~ ~;~Js~ L t?3 ~ ~-~: [_ ~ ~naca~l~n!nOwn to me or who has produced Note: Disclosure shall not be required of any entity, the equity interests in which are regularly traded on an established securities market in the United States or other countpJ; or of any entity, the ownership interests of which are held in a limited partnership consisting of more than 5,000 separate interests and where no one person or entity holds more than a total of 5% of the ownership interest in the limited partnership, 2 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission Eric M. Soroka, C,~1,~ Brenda Kelley, P~l~r~ March 31, 1998 Pappas Properties, Inc. and Florida Department of Transportation (FDOT) request for Site Plan approval in conjunction with Non-use variances. (03-SP-98, 07-SP-98, 01-NUV-98) April 7, 1998 City Commission Meeting Agenda Item .~ ~/~ RECOMMENDATION It is recommended that the City Commission approve the requests subject to the conditions outlined herein. THE REQUEST The applicants are requesting Site Plan approval in conjunction with the following non- use variances as prompted by the Florida Department of Transportation (FDOT) taking of a portion of the subject property: 1) a non-use variance of setback requirements to waive eleven feet (11') of the required twenty foot (20') front setback where a nine foot (9') front setback is proposed (Biscayne Boulevard); and 2) a non-use variance of open space requirements to waive 2.1% of the required 12.6% open space where 10.5% open space is proposed. The site plan will supercede all previously approved site plans. BACKGROUND OWNER OF PROPERTY Pappas Properties, Inc. LOCATION OF PROPERTY 18955 - 19001 Biscayne Boulevard a.k.a. Cove of Biscayne Shopping Center (see Exhibit #2 for Location Map) SIZE OF PROPERTY Approximately 2.475 acres LEGAL DESCRIPTION See Exhibit #1 EXISTING ZONING BU-3, Liberal Business District and IU-1, Industrial, Light Manufacturing District FUTURE LAND USE DESIGNATION Business and Office Zoning - Subject property: Property to the North: Property to the South: Property to the East: Property to the West: BU-3, Light Manufacturing District BU-2, Special Business District and Business District BU-2, Special Business District and Business District BU-2, Special Business District Biscayne Boulevard and the FEC Railroad R/VV Liberal Business District and IU-1, Industrial, BU-3, Liberal BU-3, Liberal Existing Land Use - Subject property: Property to the North: Property to the South: Property to the East: Property to the West: retail strip center and restaurant auto use and convenience store (under construction) Loehmann's Fashion Island Loehmann's Fashion Island and Concorde Center Biscayne Boulevard and the FEC Railroad RNV 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: Business and Office Business and Office Business and Office Business and Office Biscayne Boulevard and the FEC Railroad P,/W 2 The Site- The subject site, a roughly rectangular piece of land, is approximately 2.475 acres and is located east of Biscayne Boulevard between NE 187th Street and NE 191st Street (see Exhibit #2 for location map). The site is the Cove of Biscayne Shopping Center, consisting of a 14,540 SF commercial shopping center to the north of the property and Koo Koo Roo's Restaurant (5,400 SF) to the south of the property. The Project - The State of Florida Department of Transportation (FDOT) has acquired a strip of property approximately 15' in width (4002 square feet) along the west property line of the subject property. The taking of land from the front of the property has reduced the building setback of one building from an approved 25' to a 9' front setback. Additionally, the taking of property has rendered six (6) parking spaces useless and has decreased the amount of open space, already in deficit, on the property. The cure plan provides for a reconfigured parking lot to approximately the front of the Koo Koo Roo's Restaurant. From that point to the rear of the property, only slight modifications have been made to the parking lot. Overall, the existing parking conditions remain at the rear of the site. This reconflgured parking lot provides for 163 parking spaces, where 158 spaces are required. The property owner requires additional parking spaces to support the existing businesses. Project Background- In June 1991, Miami-Dade County granted multiple approvals (Resolution No. Z-102-91) for a portion of the subject property (what is now Koo Koo Roo's Restaurant) including a non-use variance of landscaping requirements to permit a total of 14.4% (16% required) of landscaped area. ANALYSIS Consistency with Comprehensive Master Plan - The proposed development is not inconsistent with the Dade County Comprehensive Development Master Plan. Review by City Landscape Architect - The City's Landscape Architect has approved the proposed Landscape Plan. Community Development Department Analysis - The Florida Department of Transportation (FDOT) recently acquired a portion of the subject property running parallel to Biscayne Boulevard, approximately fifteen (15) feet in width. This area was previously improved with a landscape buffer and parking spaces. The taking of land has affected the parking for the shopping center, has reduced the open space on the property, and has decreased the front building setback. The applicants have agreed upon one (1) cure plan that provides a mixture of sufficient parking, acceptable to the owners of the property and sufficient open space, acceptable to staff. Basically, a "trade-off" exists between the amount of open space provided and the number and size of parking spaces. This cure plan does not require a parking variance, but does require a variance as to the amount of open space required. Furthermore, a variance as to front setback is required since the setback to the existing structure has been decreased by the taking. Criteria The City Commission adopted an Ordinance (No. 97-21) providing for the policy and procedure concerning Non-Conformities created by governmental acquisition of private property. Section 6.1 of the Ordinance lists criteria by which the City Commission is to evaluate such variances. Staff has evaluated the requested variances as well as the quality of the cure plans according to the criteria: 1) The requested variance(s) will not adversely affect visual, safety, aesthetic or environmental characteristics of the community. The cure plan submitted requires a variance of open space from that which is required by the Code. A previous approval by Miami-Dade County granted a non-use variance of landscaping requirements to permit a total of 14.4% (16% required) of landscaped area for a portion of the subject property (what is now Koo Koo Roo's Restaurant). The open space variance that is now being requested would only minimally impact the visual and aesthetic character of the community. The applicant has concentrated landscaped open space to the front of the property, thereby minimizing the visual impact of the open space reduction from Biscayne Boulevard. The amount of open space required by Code is 12.6% and the amount of open space provided by the cure plan is 10.5%. 2) The requested variance(s) will not adversely affect the safety of pedestrians or the safe operation of motor vehicles. The cure plan submitted requires a variance of setback requirements from that which is required by the Code. The front setback required by Code is twenty (20) feet and the front setback proposed is nine (9) foot. The original approved plan provided an approximately 25' front setback, however, with the approximately 15' front taking by FDOT the remaining setback is just over 9'. Staff has requested that, because of the 9' front building setback, the applicant provide FDOT approved guardrails along the southwest corner of the Bagel Cove restaurant to protect any pedestrians using the sidewalk at that location. Upon staffs request, the applicants have attempted to maximize the number of 9' x 18' parking spaces, especially at the front of the property where the spaces are most heavily used, while maintaining enough spaces to support the existing businesses. Additionally, the drive aisles have been increased in width, wherever possible throughout the plan in order to make maneuverability safer for both pedestrians and motor vehicles. 3) The requested variance(s) will not cause motor vehicle parking shortages which adversely impact the community. The cure plan provides for 163 parking spaces, where 158 spaces are required. 4) The requested variance(s) will not encourage or promote the continuation of existing uses of the property which have been or will be rendered unfeasible or impractical due to the impacts of the acquisition and/or construction of the roadway or other public facility including, but not limited to, aesthetic, visual, noise, dust, vibration, safety, land use compatibility and environmental impacts. The cure plan submitted will not render the use of the property unfeasible or impractical. Citizen Comments The Community Development Department has not received any written or verbal comments regarding this application. CONDITION 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: · Revised Master Plan, Site Plan, Cove of Biscayne Shopping Center, Sheet S-1, prepared by Charles Putman & Associates, Inc., dated 3-27-98; · Tree Relocation/Removal Plan, Cove of Biscayne Shopping Center, Sheet L-l, prepared by Charles Putman & Associates, Inc., dated 3-27-98; · Landscape Plan, Cove of Biscayne Shopping Center, Sheet L-2, prepared by Charles Putman & Associates, Inc., dated 3-27-98; · Boundary and Improvement Survey, prepared by Keith and Schnarrs, P.A., revised dated 3/25/98. 5 PROJECT SPECIFIC CONDITIONS Applicant shall request building permits within 12 months of the date of the settlement of the eminent domain proceedings or the site plan and variances granted shall be deemed null and void. 03-SP-98 Bagel Cove FDOT J LAND DESCRIPTION J A PORTION OF THE SOUTHWEST ONE-OUARTER OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWSz COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 3, THENCE EASTERLY ALONG THE NORTH LINE OF THE SOUTHWEST ONE-OUARTER OF SAID SECTION 3, NORTH 87o34'55'' EAST, 811.19 FEET TO THE EAST RIGHT OF WAY LINE OF BISCAYNE BOULEVARD (STATE ROAD 5i AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP FOR SECTION 87030-25701 THENCE SOUTHERLY ALONG SAID EAST RIGHT OF WAY LINE, SOUTH 02°07'21" EAST, 209.88 FEET TO THE POINT OF BEGINNINGs THENCE CONTINUE SOUTHERLY ALONG SAID EAST RIGHT OF WAY LINE, SOUTH 02o07'21- EAST, 252.2B FEET TO A POINT ON A LINE 200.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTH- WEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAiD SECTION 31 THENCE EAST- ERLY ALONG SAID PARALLEL LINE, NORTH 87o31'38" EAST, 439.50 FEET TO A POINT ON A LINE I00.00 WEST OF AND PARALLEL WITH THE EAST LINE OF THE NORTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 31 THENCE NORTHERLY ALONG SAiD PARALLEL LINE, NORTH 03°22't5" WEST,. 211.88 FEET1 THENCE SOUTH 87°34'55" WEST, 75.15 FEET1 THENCE NORTH 03~22'15'' WEST, 50.01 FEETI THENCE SOUTH 8T°34'55~ WEST, 75.01 FEETI THENCE SOUTH 03°22'15'' EAST, I0.00 FEET TO A POINT ON A LINE 210.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE SOUTHWEST ONE-OUARTER OF SAID SECTION 3~ THENCE WESTERLY ALONG SAID PARALLEL LINE, SOUTH 87°34'55~ WEST, 283.85 FEET TO THE POINT OF BEGINNING. SAiD LANDS LYING IN THE CITY OF AVENTURA, OADE COUNTY, FLORIDA. CONTAINING 107,835 SQUARE FEET (2.4755 ACRES), MORE OR LESS. EXHIBIT #1 BROWARD COUNT~ DADE COUNTY IVES I Shops :03 ST. 201 TER. AVENTURA Gu~tream Park Mall 3ity of Aventura YACHT CLUB DR. HARBOR CIRCLE Shoppea 207 ST. CLUB DR. 192 ST. 188 ST. 33180 . #2 LEGEND City Boundary ZIP Code Boundary Railroad RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF PROPERTY CURE FOR EMINENT DOMAIN PROCEEDINGS FOR PROPERTY LEGALLY DESCRIBED IN EXHIBIT #1 AND COMMONLY KNOWN AS "COVE OF BISCAYNE SHOPPING CENTER"; GRANTING A NON- USE VARIANCE OF SETBACK REQUIREMENTS TO WAIVE ELEVEN FEET (11') OF THE REQUIRED TWENTY FOOT (20') FRONT SETBACK WHERE A NINE (9') FOOT FRONT SETBACK IS PROPOSED (BISCAYNE BOULEVARD); GRANTING A NON-USE VARIANCE OF OPEN SPACE REQUIREMENTS TO WAIVE 2.1% OF THE REQUIRED 12.6% OPEN SPACE WHERE 10.5% OPEN SPACE IS PROPOSED; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned BU-3, Liberal District and IU-1, Industrial, Light Manufacturing District; and WHEREAS Business the applicants Pappas Properties, Inc. and the Florida Department of Transportation FDOT), through Application Nos. 03-SP-98, 07-SP-98, and 01-NUV- 98 are requesting Site Plan approval in conjunction with the following non-use variances as prompted by the FDOT taking of a portion of the subject property known as "Cove of Biscayne Shopping Center:" 1) a non-use variance of setback requirements to waive eleven feet (11') of the required twenty foot (20') front setback where a nine foot (9') front setback is proposed (Biscayne Boulevard); and Resolution No. Page 2 2) a non-use variance of open space requirements to waive 2.1% of the required 12.6% open space where 10.5% open space is proposed. The site plan will supercede all previously approved site plans. WHEREAS, the requests are being made in order to cure Non-conformities created by FDOT's acquisition of a portion of the subject property; and WHEREAS, the applicants have agreed upon a cure plan for the property; and WHEREAS, the Community Development Department recommends approval of the requests subject to conditions; and WHEREAS, 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application Nos. 03-SP-98, 07-SP-98, and 01-NUV-98 requesting Site Plan approval in conjunction with the following non-use variances as prompted by the FDOT taking of a portion of the subject property known as "Cove of Biscayne Shopping Center:" Resolution No. Page 3 1) a non-use variance of setback requirements to waive eleven feet (11') of the required twenty foot (20') front setback where a nine foot (9') front setback is proposed (Biscayne Boulevard); and 2) a non-use variance of open space requirements to waive 2.1% of the required 12.6% open space where 10.5% open space is proposed. The site plan will supercede all previously approved site plans. on property legally described as: SEE ATTACHED EXHIBIT #1 NK/A 18955- 19001 BISCAYNE BOULEVARD "COVE OF BISCAYNE SHOPPING CENTER" AVENTURA, FLORIDA is hereby granted subject to each of the following conditions: STANDARD CONDITIONS 1. Plans shall substantially comply with those submitted as follows: · Revised Master Plan, Site Plan, Cove of Biscayne Shopping Center, Sheet S-1, prepared by Charles Putman & Associates, Inc., dated 3-27-98; · Tree Relocation/Removal Plan, Cove of Biscayne Shopping Center, Sheet L-l, prepared by Charles Putman & Associates, Inc., dated 3-27-98; · Landscape Plan, Cove of Biscayne Shopping Center, Sheet L-2, prepared by Charles Putman & Associates, Inc., dated 3-27-98; · Boundary and Improvement Survey, prepared by Keith and Schnarrs, P.A., revised dated 3~25~98. Resolution No. Page 4 PROJECT SPECIFIC CONDITIONS 1. Applicant shall request building permits within 12 months of the date of the settlement of the eminent domain proceedings or the site plan and variances granted shall be deemed null and void. Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by 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 day of ,1998. ARTHUR I. SNYDER, MAYOR Resolution No. Page 5 ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of ,1998. CITY CLERK JLAND DESCRIPTION J A PORTION OF THE SOUTHWEST ONE-QUARTER OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS~ COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 3, THENCE EASTERLY ALONG THE NORTH LINE OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 3, NORTH 87o34'55'' EAST, 811.19 FEET TO THE EAST RIGHT OF WAY LINE OF BISCAYNE BOULEVARD (STATE ROAD 51 AS SHOWN ON THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAP FOR SECTION 87030-2570t THENCE SOUTHERLY ALONG SAID EAST RIGHT OF WAY LINE, SOUTH 02°07'21'' EAST, 209.88 FEET TO THE P0]NT OF BEGINNING: THENCE CONTINUE SOUTHERLY ALONG SAID EAST RIGHT OF WAY LINE, SOUTH O2oO7'21" EAST, 252.28 FEET TO A POINT ON A LINE 200.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST ONE-QUARTER OF THE NORTH- WEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECT]ON 3~ THENCE EAST- ERLY ALONG SAID PARALLEL LINE, NORTH 87°31'38" EAST, 439.50 FEET TO A POINT ON A LINE IO0.OO WEST OF AND PARALLEL WITH TRE EAST LINE OF THE NORTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-OUARTER OF SAID SECTION 3~ THENCE NORTHERLY ALONG SAID PARALLEL LINE, NORTH O3o22~15- WEST,. 211.88 FEETt THENCE SOUTH 87"34'55" WEST, 75.15 FEETI THENCE NORTH 03~22'15'' WEST, 50.OI FEETI THENCE SOUTH 87e34'55" WEST, 75.OI FEETi THENCE SOUTH 03°22'15'' EAST~ 10.00 FEET TO A POINT ON A LINE ZIG.00 FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF THE SOUTHWEST ONE-QUARTER OF SAID,SECTION 3: THENCE WESTERLY ALONG SAID PARALLEL LINE, SOUTR 87'34'55~ WEST, 283.85 FEET TO THE POINT OF BEGINNING. SAID LANDS LYING IN THE CITY OF AVENTURA, DADE COUNTY, FLOR[DA. CONTAINING 107,835 SQUARE FEET 12.4755 ACRES), MORE OR LESS. EXHIBIT #1 CHARLES PUTMAN & ASSOCIATES, INC. LAND DEVELOPMENT CONSLJLTANTS PLANNING I ZONING I PERMITTING January 28, 1998 Boca Raton I (561) 994-6411 Fax I (561) 994-0447 Jay Epstein City of Aventura 2999 NE 191 Street Suite 500 Aventura, Florida 33180 Re~ COVE OF BISCAYNE SHOPPING CENTER PROPOSED SITE PLAN RECEIVED JAltl 2 8 1998 COMMUNITY DEVELOPMENT Dear Jay: As you know, I have been working with the owners of the Cove of Biscayne Shopping Center to help respond to the ROW taking for the widening of Biscayne Boulevard. You will recall that we have had several meetings with the City to discuss plans, strategies and procedures for dealing with the necessary site changes. Since the City of Aventura now has an ordinance to deal with land use and zoning problems created by eminent domain actions, I would assume that any new site plan for the project would need to be reviewed under that new ordinance. Herein transmitted is an application package containing a revised site plan for the Cove project that I am formally submitting on behalf of the property owners. We would like to have this plan reviewed pursuant to the procedures outlined in Ordinance 97-21, and hopefully approved. In my assessment, this plan would require approval of the following variances: BUILDING SETBACK - The taking along Biscayne Boulevard reduced the front yard setback to 9' which does not meet the required 20' per code. Section 33 - 51 PAfiKING - The existing and proposed uses on the site would require a total of 166 parking spaces. The plan provides only 164 spots. Section 33 - 124(h)(1) Section 33 - 124(i)(1) REQUIRED OPEN SPACE - The code requires that 12.6% of the site be in open space. Our plan contains 11.7%. Section 33 - 256.3 Section 33 - 261 (a) The owner is herein requesting that the above variances be reviewed and approved pursuant to your new ordinance and that the enclosed plan be the operative master plan for his project. As part of any approval of a setback variance, the owners would like a clear confirmation that any variance granted will permit the continued use of the building now occupied by the Bagel Cove even 4722 N.W. Boca Raton Boulevard I Suite C106 I Boca Raton, Florida 33431 if there is a change ofltenancy. For example: ifa new tenant should require extensive remodeling of this building in the future, the owner wants to be certain that the building will not need to be cut to conform to a new setback line. In your review of the plan we would like you to note the following: We have kept generous landscaping areas along Biscayne Blvd. and in the front area of the site to help enhance the streetscape. Where possible, we have maintained 9' spaces in the front area of the site particularly around the Bagel Cove and Koo Koo Roo. By altering the circulation and eliminating some interior landscape islands, we have been able to recapture 164 of the 166 spaces needed. However, we will need the City's support of the above landscaping variance to make this plan work. On our plan we have called out the furore building for commercial use rather than the office use that was on the previous plan. We feel that with this design, the building will work on the property. The retail designation will still allow for office use and will provide the owner with a greater flexibility for other types of occupancy as well. We have removed the compact car parking from all areas except a small cluster in front of the Koo Koo Roo. You should be aware that the granting of the requested variances and the approval of the revised plan will reduce the owner's claim for damages in the condemnation case by at least $500,000. Please call so that we can discuss the above, and so that you can advise me on what additional information you may need in order to complete your review of this revised plan and the requested variances. Sincerely, CHARLES PUTMAN & ASSOCIATES, INC. Charles Putman JayEpsteinLetter 1-27-98.wpd CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT 2999 NE 191 Street, Suite 500 Aventura, Florida 33180 (305) 466-8940 RECEIVED JA~ Z 8 1998 APPLICATION FOR SITE PLAN APPROVAL PROPOSED PROJECT NAME: ~.nMJ~ ~F ~:~I,.;EAYMF_ ~It,~PP/MZ~ LEGAL DESCRIPTION: ~E FOLIO NUMBER(s): ~ -~205-0~ -0111 CURRE~ ZONING: ~'3 ~ ~'2 CURRENT ~ND USE: PROPOSED USE OF PROPERTY: (A~ch additional shee~ tf necessaw) Name of Applicant or Contact Pemom Address of Ap. EIIcant:.r., f$,,7, N~e of Pro~ O~er (if other than Applicant): Address of Prope~ O~er: Phone No.: (.~t_] 994-&411 Phone No.: (~) q_~l-~TB~ 1. The followinR documents are required to be submitted with and deemed to be incorporated into this petition, as applicable: ~'/ ALL APPLICATIONS MUST BE ACCOMPANIED BY A LETTER OF INTENT. Please describe in detail, whether and to what extent the requested development action serves a public benefit which would warrant the granting of the request and specific justification for approval of the application, nature of the requests and any other pertinent information, Insufficient justification may result in the denial of your application. One (1) original application, signed and notarized by the applicant, owner and/or attomey and, if necessary, authorization to another individual to represent the applicant. One (1) original, current (within 30 days) Ownership and Encumbrances Report for the subject property, A complete zoning history of the property is required. The attached Cedificate of Resolutions form must be completed and signed by a Metre-Dade employee from the Zoning Information Section. [~Ten (10) copies (folded) of a registered, current (within days), signed survey 3O and sealed of subject prope[ty, based upon the Ownership and Encumbrances Report. Surveys must delineate existing natural features, easements, existing structures and uses, and existing utility lines. Ten (10) sets (~olded) of supporting, signed and sealed, architecturel plans, which cleady indicate the development action request. Plans must include site plan showing all improvements and setbacks, fully dimensioned; roof plan; all exterior elevations (including air conditioning, compressors, signs); exterior surface treatments, Including roofs; and exterior color samples, including that of signs. Site plans submitted for multi-family or commercial projects must indicate location of dumpsters and dumpsters enclosures. Ten (10) copies (folded) of landscape plan showing all plant material, as to location, name, size and quality. Landscape plan must be drawn, signed and sealed by a Florida registered landscape architect. Ten (10) copies (folded) liquor survey, prepared and sealed bY a registered land survey°r' with 1,500 ft. radius (required for approval of lounge, bar or package liquor store only). Lot/Parcel Analysis required, including, but not limited to, the following information relative to lots and parcels in each zoning district: number of lots, smallest lot size, average lot size, number of parcels, acreage in each parcel. Letters from all utilities franchised to operate in the City (Florida Power and Light, Southern Bell, WASA, Cable) relative to adequacy of proposed easements shown in the platisite plan, including approval of shared easements. Ten (10) sets of photographs of existing structures on site and/or 8"x10" color photographs or color rendering of proposed construction. Properties which are requesting a new or additional curb cut onto the State Highway System, enlargement of an existing cut, or a change in land use or intensification of development require Florida Department of Transportation approval for said access to the Highway system prior to the City of Aventura approval. (See attached FDOT notice - Attachment #1). Disclosure of Interest Form Is this hearing being r~quested as a result of a violation notice or summons? Yes No /~ If yes, In whose name was the violation or summons notice served? Nature of violation Does property owner own contiguous property to the subject property? If so, give complete legal descrlptio~l~)f entire contiguous property. Is there an option to purchase or lease subject property or property contiguous thereto, predicated on the approval of this appltcation? Yes__ No__ if yes, who are the affected parties? (Copy of purchase contract must be submitted with this application). Am these plans representing new construction? Yes __ Has construction started? Yes __ Has construction been completed? Yes __ Are there any existing structures on the property? Yes .~ Will the existing structures be demolished? Yes __ No No No No ~ 2 2. F#inR and Hearin; Fees ~//' A check made payable to the City of Aventura for the amount of: · Residential $1,625.00 plus $2/unit residential Non-residential $1,725.00 plus $2/100 sq. ft. gross building area A check made payable to Dade County for $110.00 for Concurrency review by the County. 3. Pro e Violations As part of the review, your property may be subject to various inspections by City personnel, if building, zoning or Code Compliance violations are found, your request for a public heating will be deferred until such violations are corrected. 4. Responsibility of Applicant It is the responsibility of the applicant to assure that all questions in the application and all required supplementary data are submitted st the time of the filing of the application and that all answers, plans and supplementary data are accurate and complete. All required plans, supplementary data, mailing labels and fees must be submitted at the same time as the application is filed, or the application will be incomplete. Incomplete applications will not be scheduled for public heating and will be returned to the applicant. The filing of an incomplete application will not reserve a place on the heating agenda. An application submitted prior to the deadline does not auto~natically insure placement of the application on that hearing agenda. All data submitted in connection with the application becomes a permanent part of the public records of the City of Aventura. 5. Procedure for Site Plan Review. 1. Owner or applicant will provide ten (10) sets of folded and collated plans for Preliminary staff review. Plans must inclu'de: Dimenslohed Site Plan including, but not limited to: (Scale to be 1"=20' unless prior approval is received othenvise). Signage locations and types -- Land use and zoning information matrix to include required and provided -- setbacks, separation's, heights, parking, etc. Location sketch -'~' Legal description of the subject property Details of dumpster, including, but not limited to, location, size, matetials, type of doors, and access to. Information as to all perimeter buffer requirements for adjacent properties. __Floor plans Elevations -- On-site Survey (current within 30 days) based upon the Ownership and Encumbrances report, Off-site sketch including, but not limited to, locations of structures, utilities, rights-of-way and curb cuts within 300' of the subject property A master site plan is required for all phased development 2. Staff will provide wtitten comments addressing the Preliminary Site Plan* 3. Owner or applicant will provide tea (10) sets of revised plans, folded and collated, for Final Staff review. Plans must include the same items as required for Preliminary Staff review plus: Details of all types of parking spaces provided. -- All signage Ioc~tions, types and details. -- Complete Landscape Plan (Signed and sealed by a Florida Registered Landscape -- Architect). Plans shall include required and provided quantities of plant materials. __ Engineering Plan (Scale to be 1'=20' unless prior approval is received othenvise). Water, sewer, paving and drainage plans. 3 __ Utility locations. Locations and details of all entry features (if applicable). 4. Upon approval or receipt of comments from Final Staff review, the City Manager or his designee will make a determination that the Site Plan has met all the requirements of the City's development regulations. If any non-uca variances are required for approval of the development, the Owner or applicant will provide an application for Non-Use Variances and ten (10) sets of revised plans, folded and collated, for City Council approval. Plans must include the same items as required for Final Staff review and shall address all comments made at that stage. 5. Prior to the Issuance of a Building Permit the Applicant shall provide a copy of the approved Site Plan, on disc, in a format compatible with the City's engineering applicafion~. For Office Use Date Application Received: I Site Plan Approval Application revised 1013/97 DEVELOPMENT APPLICATION OWNER CERTIFICATION (Please complete all that apply) For use when petitioner Is the Owner of subiect property: This is to certify that I am the owner of the subject lands described in the above appltcetion. I understand that I am responsible for complying with all application requirements prior to this petition being scheduled for any public hearing. I also understand that it is my responsibility to comply with the City's requirements regarding quasi-judicial proceedings. This further certifies that I have read this petition and the statements contained herein are true and correct. Print Name of Petitioner Signature of Petitioner STATE OF COUNTY OF The foregoing instrument was Sworn to and Subscribed before me this__,day of , 19 , by who is personally known to me or who has produced as identification. Printed Name of Notary Public Signature of Notary Public My Commission Expires: For use when petitioner is NOT the Owner of the Subiect Prol~ertv: ~er[ify that I am the owner of subject lands described in the above petition. I have authorized to make and file the aforesaid petition. This further certifies that I have read this petition and the statements contained herein ~true and correct. ~.~ Print Name of Petitioner Sil~ture of Petitioner TheforegoinginstrumentwasSwomtoandSubscribodbeforemethis ~-o~'~' dayof ('v~.~/~ , 19 q~ , by ..~'.,9~ F'.,q~PR-~ who is personally know~ to me or who has produced Identification, Pdnted Name of Notary Public My Commission Expires: o~.~-~/'~e~. STEVEN J. PAPPAS Tenant or Owner Affidavit I, ~I~E S 'J::>..~PP/)-~ , beingflrstdulyswom, depose and say that I am the oWner/tenant of the property described and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketch data and other supplementary matter attached to and made a part of the application am honest and true, I understand this application must be completed and accurate before a hearing can be advertised. In the event that I or any one appearing on my behalf is found to have made a material misrepresentation, either oral or written, regarding this application, I undemtand that any development action may be vo,deti,e ,t the op on of the O,ty of ^venture. Print Name of Petitioner Sigq~of Petitioner The foregoing instrun~ent was Sworn to and Subscribed before me this --~-H day of by ._~-,R.'~/~ ~//~/~$ who ts personally known to me or who'has pmduce~ identification. Prir~ed Name of Notary Public S[gnatu~ of Notary My Commission Expires: ~/~o' ~ ~, COMMISSION ~ CC 646600 I hereby acknowledge that I am aware that the Dade County Department of Environmental Resources Management (DERM), the City Engineer, the City Landscape Amhitect, the City Police Department, and other County agencies and City departments review zoning applications and proffer comments that may affect their scheduling and outcome. These comments sometimes include requirements for an additional public headng before the Environmental Quality Control Board, or other County Boards, and /or the pdor preparation and execution of agreements to run with the land which are recorded. In addition to these agencies, I also understand that the South Flodda Building Code may contain requirements that affect my ability to obtain a building permit for my project, and that approval of my zoning application does not constitute building permit apprevaL Contact with the above mentioned agencies is advised during the headng process. Print Name of Petitioner STA'~E OF -~', C~O~ Signature of Petitioner COUNTY OF ~'~ The _mgolng instrument was om to and Subsc~bed before me this ~ d~of -~C(~LC~ . 19 Pdnted Name of Nota~ Public Signat~re~f Not~/Public My Commission Expires: CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT 2999 NE 191 Street, Suite 500 Aventura, Florida 33180 (305) 466-8940 PUBLIC HEARING APPLICATION FOR NON-USE VARIANCES PROPOSEDPROJECTNAME: (/~)V~-~ ~F' ~,~I"/AJ~ ~_¢I.]o~PII~C LOCATION: /g~5~ ~I~C~V~E ~vD., ~D~ ~; ~L~ID~ LEGAL DESCRIPTION: (~ FOLIO NUMBER(s): 2~ - Z~O~ ~ ~OO CURRENT ZONING: ~-~ ;~-] CURRENT LAND USE: PROPOSED USE OF PROPERTY: (A~ch additional shee~ if necessa~) Name of Applicant or Con. tact Person:. Address of Applicant: N~e of Prop~ O~er (If other than Applicant): Address of Prope~ O~er: Phone No,: 'FI4-M tl /,:~Phone No.: t. The followln.q documents are required to be submitted with and deemed to be incorporated Into this petition, as applicable: V/ ALL APPLICATIONS MUST BE ACCOMPANIED BY A LETTER OF INTENT. Please describe in detail, whether and to what extent the requesled development action serves a public benefit which would warrant the granting of the request and specific justification for approval of the application, nature of the requests and any other pertinent information. Insufficient justification may result in the denial of your application. Y One (1) original application, signed and notarized by the applicant, owner and/or attorney and, if necessary, authorization to anofi~er individual to represent the applicant. __ One (1) copy of the letter from the Community Development Department stating the non-use variance(s) required to be approved by the City Council in order to receive Site Plan approval. One (1) original, current (within 30 days) Ownership and Encumbrances Report for the subject pmperty. V// A complete zoning history of the property is required. The attached Certificate of Resolutions form must be completed and signed by a Metro-Dude employee from the Zoning Information Section. V//' Ten (10) copies (folded) of a registered, current (within 30 days), signed and sealed survey of subject property, based upon the Ownership and Encumbrances Report. Surveys must delineate existing natural features, easements, existing structures and uses, and existing utility lines. Ten (10) sets (folded) of supporting signed and sealed, architectural plans, which clearly indicate the development action request. Plans must include site plan showing all improvements and setbacks, fully dimensioned; roof plan; all extedor elevations (including air conditioning, compressors, signs); exterior surface treatments, including roofs; and extedor color samples, including that of signs. Site plans submitted for multi-family or commercial projects must indicate location of dumpstem and dumpsters enclosures. Ten(1~)c~pies(f~ed)~f~andsca~epiansh~wingai~p~antmateria~ast~cati~n~name~size and quality. Landscape plan must be drawn, signed and sealed by a Flodda registered landscape amhitect. Ten (10) copies (folded) liquor survey, prepared and sealed by a registered land surveyor, with 1,500 ft. radius (required for approval of lounge, bar or package liquor store only). Lot/Pamel Analysis required, including, but not limited to, the following information relative to lots and parcels in each zoning district: number of lots, smallest lot size, average lot size, number of parcels, acreage in each parcel. Letters from all utilities franchised to operate in the City (Flodda Power and Light, Southern Bell, WASA, Cable) relative to adequacy of proposed easements shown in the plat/site plan, including approval of shared easements. Ten ('10) sets of photographs of existing structures on site and/or 8"x10" color photographs or color rendering of proposed construction. Properties which are requesting a new or additional curb cut onto the State Highway System, enlargement of an existing cut, or a change in land use or intensification of development require Florida Department of Transportation approval for said access to the Highway system n~ to the City of Aventura approval. (See attached FDOT notice - Attachment #1). Disclosure of Interest Form Is this hearing being requested as a result of a violation notice or summons? Yes __ No )~ If yes, in whose name was the violation or summons notice served? Nature of violation Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. Is there an option to purchase or lease subject property or property contiguous thereto, predicated on the approval of this application? Yes __ No __ If yes, who are the affected parttes? (Copy of purchase contract must be submttted with this application). Are these plans representing new construction? Yes.__ No X Has construction staffed? Yes __ No )4~ Has construction been completed? Yes__ No X Are there any existing structures on the property? Yes ~ No Will the existing structures be demolished? Yes __ No ~ 2 2. Labels1 Notification and AdvertisinR (Pursuant to Ordinance No. 97-15) ALL COSTS OF ADVERTISING, MAILING AND POSTING SHALL BE BORNE BY THE APPLICANT. The Community Development Department shall prepare and coordinate a published notice of the application and the mailing of a courtesy notice using labels provided by the applicant. The following is required of the applicant and must be presented with any and all applications: One (1) notarized copy of a list of the names and addresses of all property ownem located -- within 300 foot radius of the exterior boundaP/of the subject property, if the subject property constitutes only a portion of a contiguous ownemhip parcel, the exterior boundary from which the appropriate radius is to be projected will be the exterior boundary of the entire contiguous ownemhip parcel. One (1) set of self-adhesive labels of the same list to be used for mailing purposes. Faiture of applicant to provide the required labels will constitute an incomplete submittal package and may cause the delay of the public hearing until such time that the required labels are received. The subject property shall be posted no later than ten (10) days prior to the public hearing. Such posting shall be displayed in a manner conspicuous to the public, by a sign or signs no less than 24" x 36' in size and containing information concerning the application, including but not limited to, the applied for zoning action and the time and place of the public hearing. Filinfl and Hearinq Fees A check made payable to the City of Aventura for the amount of $ 850.00 for each variance requested, ~. variances at $850.00 each = $ 1.~'70C3 A check made payable to Dade County for $110.00 for Concurrency review by the County. 4. Propertv Violations . As part of the review, your property may be subject to various inspections by City personnel. If building, zoning or Code Compliance violations are found, your request for a public hearing will be deferred until such violations are corrected. 5. Responsibili~ of Applicant It is the responsibility of the applicant to assure that all questions in the application and all required supplementary data are submitted at the time of the filing of the application and that all answers, plans and supplementary data are accurate and complete. All required plans, supplementary data, mailing labels and fees must be submitted at the same time as the application is filed, or the application will be incomplete. Incomplete applications will not be scheduled for public hearing and will be returned to the applicant. The filing of an incomplete application will not reserve a place on the hearing agenda. An application submitted prior to the deadline does not automatically insure placement of the application on that hearing agenda. All data submitted in connection with the application becomes a permanent part of the public records of the City of Aventura. For Office Use Date Application Received: Application Nnmber: Application for Non-Use Variances 08105197 revised 9130/97 3 FLORIDA DEPARTMENT OF TRANSPORTATION PERMITS REQUIRED Notice Any property which proposes modification and/or addition of access to the State Highway System is required to secure a Department of Transportation Driveway Connection Permit. If access modification is not anticipated but the property is planned for a change in land use or intensification of development, a new Driveway Connection Permit may be required if the change is expected to result in an increase in traffic generation. A Drainage Connection Permit may be required if development would increase the total amount of parking, building or other impervious area. If your planned site improvements can be described by one or more of the above conditions you must contact the Department's Permit office and have your proposal reviewed prior to local government development approval. Florida Department of Transportation District #6, Permit Office, Room 6213 1000 NW 111 Avenue Miami, FL 33172-5800 (305) 470-5367 Attachment #1 4 DEVELopMENT APPLICATION OWNER CERTIFICATION (Piease complete all that apply) For use when petitioner Is the Owner of subiect property: This is to certify that I am the owner of the subject lands described in the above application. I understand that I am responsible for complying with all application requirements prior to this petition being scheduled for any public hearing. I also understand that it is my responsibility to comply with the City's requirements regarding quasi-judicial proceedings. This further certifies that I have read this petition and the sta, tements contained herein are true and correct. Priat Name of Petitioner Signature of Petitioner STATE OF COUNTY OF The forego ng ns tureen was Sworn to and Subscribed before me this day of , 19 by ' who fs personalty known to me or who has produce~ ss identification. Pdnted Name of NotaP/Public Signature et Notary Public My Commission Expires: For use when petitioner Is NOT the Owner of the Subiect Property: This is to certify that I am the owner of subject lands described in the above petition. I have authorized C/~.~.~,~ ?u'r~A',~ V- R ~5oc., to make and file the aforesaid petition. This further certifies that I have read this petition and the statements contained herein are true and correct, Print Name of Petitioner Sig~3~;e of Petitioner STATE OF ~'~L~,~/,4~/~- COUNTY OF TheforegolnginstrumentwasSwomtoandSubscribedbeforemethis ~'~' dayof /)?~/('C,,Y , 19 by ..,T.~/r/~> ~c:'/~/~/~ who [s personally known to me or who has produced /~..~,,~,~/~.~s identification. Printed Name of Notary Public Signa~ et Nolary~/ibl~¢~ Tenant or Owner Affidavit I, .-I-,~/t,/~ F:'.~°/~/f'5 , being first duly sworn, depose and say that I am the owner/tenant of the property described and which is the subject matter of the proposed hearing; that all the answers to the questions in tlrls appllca, tlon, and all sketch data and other supplementar~ matter attached to and made a part of the application are honest and true. understand this application must be completed and accurate before a hearing can be advertised. In ti~e event that I or any one appearing on my behalf is found to have made a material misrepresentation, either oral or written, regarding this application, I understand that any development action may be voidable at the option of the City of Aventura. Print Name of Petitioner SignOri Petitioner STATE OF /~'Z~.~,~ t ~ COUNTY OF Pdnted Name of Notary Publ{c Signat~e of Notary P~,b/I(c~ ~/'~ ~o.~4'~ STEVEN J. PAPPAS ~*.~,~!~ EXPIRES MAY 12,2001 MAR-~6-1998 09:44 CHAS. PUTMAN & ASSOC. 561994044? P.08 I hereby acknowledge that I am aware that the Dade County Department of Environmental Resources Management (DERM), the City Engineer, the City Landscape Architect, the City Po[ice Department, and other County agencies and City departments review zoning applications and proffer comments that may affect their scheduling and outcome. Tltese comments sometimes include requirements for an additional public hearing be;'ure the Environmental Quality Control Board, or other County Boards, and /or the prior preparation and execution of agreements to run with the land which are recorded. In addition to these agencies, I also understand that the South Florida Building Code may contain requirements that affect my ability to obtain a building permit for my project, and that approval of my zoning application does not constitute building permit approval. Contact with the above mentioned agencies is advised during the hearing process. Print Name of Petitioner S,g~'~e of Petitioner COUNTY OF ~.~'~ ~'~ 1-/(- Thefomgolngins~umentwa~SwomtoendS(~,"uedbeforeme~is c~ dayof F~A,'~'~/ , 19 wt~ ill i~raonally ~lown to me orwho = a~ ident~cabpn. '-" STEVEN J. PAPPAS COMMISSION ~' CC 646600 EXPIRES MAY 12, 2001 ^TIANTIC BONDING CO., INC. DISCLOSURE OF INTEREST~ If the property which is the subject of the application is owned or leased by a CORPORATION, list the principal stockholders and the percentage of stock owned by each. [Note~ where the principal officers or stockholders consist of another corporation(s), trustee(s), partnership(s) or other similar entities, further disclosure shall be required which discloses the identity of the individual(s) (natural persons) having the ultimate ownership interest in the aforementioned entity]. CORPORATION NAME NAME. ADDRESS, AND OFFICE PercentaGe of Stock If the property which is the subject of the application is owned or leased by a TRUSTEE, list the beneficiaries of the trust and the percentage of interest held by each. [Note~ where the beneficiary/beneficiaries consist of corporation( s ), another trust ( s ), partnership ( s ) or other similar entities, further disclosure shall be required which discloses the identity of the individual(s) (natural persons) [laving the ultimate ownership interest in the aforementioned entity]. Gre§ory & VfrE±nia Pappas Trust, James Pappas Trust TRUST NAME NAME AND ADDRESS James Pappas, 19001 Biscayne Boulevard Gregory Pappas, 19001 Biscayne Boulevard Percentage of Interest 50z 50% ~age 3 If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. For any changes of ownership or changes in contracts for purchase subsequent to the date of the application, but prior to the date of final public hearing, a supplemental disclosure of interest shall be filed. The above is a full disclosure of all parties of interest in this application to the bes% of my knowledge and belief. Signature: (Applicant Sworn to and subscribed before me, * Disclosure shall not be required of any entity, the equity interests in which are regularly traded on an established securities market in the United States or other country; or of any entity, the ownerhip interests of which are held in a limited partnership consisting of more than 5,000 separate interests and where no one person or entity holds more than a total of 5% of the ownership interest in the limited partnership. Le%ter of Inten% The subject property is located at 19001 Biscayne Boulevard, Aventura, Florida. The property is presently zoned BU-3/IU-1. Currently located on the subject property are two restaurants, one is the Bagel Cove Restaurant and the other is the Koo Koo Roo Restaurant. Pursuant to the plans previously approved by Dade County, the property owner had received approval for a 4,000 square foot, one-story building on the easterly portion of the subject property. However, as of the date of this application, no building has been constructed in this area. The State of Florida Department of Transportation, by virtue of an Order of Taking dated November 26, 1996, a copy of which is attached hereto and made a part hereof, acquired a strip of property approximately 15 feet in width along the west property line of the subject property. Pursuant to a recently passed Resolution by the City of Aventura, the State of Florida Department of Transportation is submitting a cure plan for this site, including a landscaping plan for the remaining property not being acquired for the right-of-way. The State of Florida Department of Transportation is requesting that the City of Aventura approve the cure plan provided by the State of Florida Department of Transportation in conjunction with this Application. SNYDER, Attorne~for Applicant, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION IN THE CIRCUIT cOURT OF THE 11 th JUDICIAL CIRCUIT OF FLORIDA l~'~ AND FOR DADE COUNTY GENERAL JURISDICTION DIVISION CIVIL ACTION NO; 96-179750A01 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, Petitioner, -VS' PAPPAS PROPERTIES, INC., ET AL Respondents. ORDER OF TAKING THIS CAUSE coming on to be heard by the Court, it appearing thai proper notice was first given to all the respondents, and to all persons having or claiming any equity, lien, title, or other interest in or to the real property described in the Petition, that the Petitioner. would apply to this Cou~t on the / ~L~J~, day of /~.,.~, A,D., 1996, for an Order of Taking, and the Court being fully advised in the premises, upon Consideration, it is. therefore, ADJUDGED: 1. That the Court has jurisdiction of the subject matter of and the parties to this cause. 1. Z. That the pleadings in this cause are sufficient, and the Petitioner is properly exercising its delegated authority. 3. That the Estimate of Value .filed in this cause by the Petitioner was made in good faith, and based upon a valid appraisal. 4, Thai upon the payment of the deposit hereinafter specified into the Registry of this Couc~, the right, title or interest specified in the Petition as described herein shall vest in the Petitioner, . D-F-C.j~nN 870_3J2:2,SZ0 DAD. E_CJD_U~ TY D. ES_CEUPTI O N FEE SIMPLE RIGHT OF WAY PARCEL102 SECTION 87030-2570 A portion of the NW% of the SW% of Section 3, Township 52 South, Range 42 East, Dada County, Florida, being more particularly described as follows: BEGIN at the Northwest corner of the Westerly 158.943 meters (455.85 feet) of Tract "B", REGINA SQUARE SUBDIVISION, according to the plat thereof as recorded in Plat Book 113, at Page 27, of the Public Records of Dada County, Florida, this point lying on the Easterly Right of Way line of State Road No. 5 (U. S. No. l/Biscayne Boulevard), as shown on said plat and on the State of Florida State Road Department R/W Map Project No, ~,1, now known as Section 87030-2201, as recorded in Plat Book 34, at Page 53, of said Public Records of Dada County, Florida; thence run N02°07*21"W, along said Easterly Right of Way lin~., for a distance of 76.721 meters (251.71 feet) to the point of intersection with a line 64.008 meters (210.00 feet) Southerly of and parallel with the North line of the NW% of the SWY~ of said Section 3; thence run N87°3~'55"E, along last described parallel line, for a distance of 4.846 meters (15,90 feet) to a point; thence run S02°07'21"E for a distance of 76.717 meters (251.69 feet) to the point of intersection with the Northerly line of said Westerly 138.943 meters (455.85 feel:) of Tract "B"; thence run S87°32'01"W along last described Northerly line, for a distance of 4.846 meters {15.90 feet) to the point of intersection with said Easterly Right of Way line of said State Road No. 5 and the POINT OF BEGINNING. Containing 371 8 square meters (4,002 square feet), more or less. AP/OH/12113~94 MRIOHIOg/O819 51R OWNED BY: JAMES PAPPAS, INDIVIDUALLY AND AS TRUSTEE AN UNDIVIDED §0% INTEREST. VIRGINIA PAPPA$, INDIVIDUALLY AND AS TRUSTEE AN UNDIVIDED 25% INTEREST. GREGORY PAPPAS, INDIVIDUALLY AND AS TRUSTEE AN UNDIVIDED 25% INTEREST. ENCUMBERED BY: of: LIBERTY CORPORATION. C-O,O - ............ MATE LIEN recorded in O.R. 9ook 16908 at Page 2577 in Favor INTERNATIONAL, INC., A FLORIDA S_~CZJ_0.N 87. - _E ROAD_5-US 1 DADE COb,, rY ~ FEE SIMPLE RIGHT OF WAY PARCEL 102 SECTION 87030-2570 LEASE recorded in,O.R. Book 16693 at Page 4559 in Favor of: ETM, INC., A FLORIDA CORPORATION. LEASE recorded in O.R. Book 15207 at Page 850 in Favor of: MORRISON INCORPORATED, A DELAWARE CORPORATION, A/K/A MORRISON RESTUARANTS, INC., N/K/A RUBY TUESDAY, INC., A GEORGIA CORPORATION. The i~terest, if any, of: ALLSTATE INSURANCE COMPANY. AN ILLINOIS CORPORATION, tenancy Unknown, The interest, if any, of: ISRAEL TRAVEl' BUREAU, INC., A FLORIDA CORPORATION, tenancy unknown. The interest, if any, of: KOO KOO ROD FLORIDA 103J, LTD., A FLORIDA CORPORATION, tenancy unknown. The interest, if any, of: KO0 KOO ROD, INC, A DELAWARE CORPORATION, tenancy unknown. The interest, if any, of: LUNA HAIR STUDIO, INC., A FLORIDA CORPORATION, tenancy unknown. The interest, if any, of: MARK MARASCO AND ROBERT BECKER, THE LAST SURVIVING DIRECTORS OF BUI-I'ERFLY EXPRESS, INC., A DISSOLVED FLORIDA CORPORATION AND AS SUCH TRUSTEES OF SAID DISSOLVED CORPORATION, tenancy unknown. The interest, if any, of: PAPPAS PROPERTIES, INC., A FLORIDA CORPORATION, tenancy unknown. The interest, if any, of: STYLE SITE OPTICAL, INC., A FLORIDA CORPORATION, tenancy unknown. ,'~ECT[QN 87Q~_ ATE= RO A Di~U.~E~.I r)A,r~F C,.D_u.~,~ T Y FEE SIMPLE RIGHT OF WAY PARCEL 102 SECTION 87030-2570 The interest, if any, of: WINDOWS OF THE WORLD TRAVEL, INC., A FLORIDA CORPORATION, tenancy unknown. The interest, if any, of: SHARON Z. ZADANOFF, D.C., PA, A FLORIDA CORPORATION, tenancy unknown. 5. That the deposit of money will secure the persons lawfully entitled to the compensation which will be ultimately determined by final judgment of this Court. 6. That the sum of money to be deposited in the Registry of the Court within twenty (20~ days of the entry of this Order shell be in the amount of 7. That on deposit as set forth above and without further notice or Order of this Court the Petitioner shall be entitled to possession of the property described in the Petition, However, the Respondent owner's (Pappas)' shall be entitled to use the existing lift star. ion located on the property taken unti~, such time as they have completed the construction of a new sewage lift station on the remainder, not~ to exceed May 31, 1997. If additional time to complete the con~tructior, is needed. Respondent may petitio~ for an extension of DONE AND ORDERED THIS ~Z~J~ da¥of time to finish construct~ A.D., 1996 in the State of Florida, County of Dada. // C I R C~J,i'~"'C 0 U RT JUDGE FD__O__T v_~ _p~__p_~A~_PROPERTI£$. et Case No.: 96-17975 CA 01 SER VICE LIS T ALLSTATE INSURANCE COMPANY, AN ILLINOIS CORPORATION , *.LAIty c, SERVICE MANAGER .JACK ONOROVIC, ' "~' 7,90 CARILLON PARKWAY', SUIT~ 400 ST. pETERSBURG, Fl.. 33716 MARK A TOBIN, EqQ BRIGHAM MOORE l~I' ~d. 203 S W t31~1 S~d~T HIAMI FL 33130 (AL-~ f~r: ~ d/~/a 1~_l Go~e) BRIAN pATCHEN, ESQ. EARLE & PATCHEN 1000 BRICKELL AVE,, SUITE 1112 MIAMI, FL 33131 THOMAS GOLDSi'EIN, ESQ. OAD£ cOUNTY ATTORNEY'S OFFICE 2810 STEPHEN P, CLARF CENTFR 111 NW FIRST STREET MIAMI, FL 33128 (Attorney Jar: Richard G~rdner as Oade Cour~t¥ Tax Collector and Harvey Ruvin as Clerk of the Clrcuit CourU ISRAEL TRAVEL BUREAU, INC., A Ft.ORIDA CoRPORATiON ,gERVE: MIRIAM MINES, AS REGISTERED AGENT 635 NE 178 TERRACE NO. MIAMI BEACH, FL 3:3162 ROBERT BYRNE, ESQ. KELLY BLACK BLACK BYRNE & BEASLEY, P.A. 169 E. FLAGLER SI'REET, #1400 MIAMI, FL 33131 IAttorne¥ fo~: Koo Koo ~oo, Inc , a Delaware Corporation ~nd Koo KDo Roo Florida 103J, Ltd.) Page 2 of 3 FDOT v, PAPPAS PROPERTIES. et al. Case No.: 96-17975 CA 01 SER VICE L IS T F. LORRAINE JOHN, ESQ. HARRY A. PAYTON & ASSOCIATES, P.A, ONE BISCAYNE TOWER, SUITE 3270 2 S. BISCAYNE BLVD. MIAMI, FL 33131 [Attorney for: Liberty Internal:ional, Inc.) LUNA HAIR sTUDIO, INC-, A FLORIDA CORPORATION 19019 BISCAYNE BLVD. MIAMI, FL MARKMARASCO AND ROBERTBECKER, THE LAST SURVIVING DIRECTORS OF BUTTERFLY EXPRESS, INC., A DISSOLVED FLORIDA CORPORATION AND AS SUCH TRUSTEES OF SAID DISSOLVED CORPORATION SERVE: MARK MARASCO, INDIVIDUALLY AND AS TRUSTEE 60 sOUTH FEDERAL HIGHWAY BOCARATON, FL 33432 MORRISON INCORPORATED, A DELAWARE CORPORATION, A/K/A MORRISON RESTUARANTS, INC., N/KfA RUBY TUESDAY, INC., A GEORGIA CORPORATION SERVE: SAMUEL E. BEALL, PRESIDENT 4721 MORRiSON DRIVE MOBILE, AL 36609 JAMES pAPPAS, INDIVIDUALLY AND AS TRUSTEE 19001 BISCAYNE BOULEVARD AVENTURA, FLORIDA VIRGINIA PAPPAS, INDIVIDUALLY AND AS TRUSTEE 16433 NE 3Ist AVENUE NORTH MIAMI, FLORIDA STYLE SITE OPTICAL, INC., A FLORIDA CORPORATION !90~ 3 BISCAYNE BLVD. MIAMI, FL Page ~FpOT v. PAPP~iS PROPERTIES. et al. Case IVo.: 96-1:7975 CA 01 SERVICE lIST WINDOWS OF THE WORLD TRAVEL, INC., A FLORIDA CORPORATION 19017 BISCAYNE BLVD. MIAMI, FL SHARON Z. ZADANOFF, D.C. PA, A FLORIDA CORPORATION SERVE: RICHARD ZADANOFF. AS REGISTERED AGENT 20220 N,E. 34 COURT NO. MIAMI, FL 33180 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT 2999 NE 191 Street, Suite 500 Aventura, Florida 33180 (305) 466-8940 APPLICATION FOR SITE PLAN APPROVAL DATE: December 29, 1997 PROPOSED PROJECT NAME: F~ORIDA DEPARTMENT OF TEANSPORTATION CUR P~ PARCEL 102 19001 Biscayne Boulevard, Aventura, Florida 33180 LOCATION: LEGAL DESCRIPTION: FOLIO NUMBER(s): See Exhibit "A" attached hereto and made a part hereof. 28-2203-000-0111 CURRENT ZONING: BU-3/IU-1 CURRENT LAND USE: Retail shopping center and restuarants PROPOSED USE OF p~OPERTY: (Attach addiUonal shssts if necaseary) Status quo as to retail shopping center and rest:aurants (previously approved) Name of Applicant or Contact Person: Phone No.: Michael J. Snyder, Esquire (Contact: Person) (305) 937-4445 Address of Applicant: 20803 Biscayne Boulevard, Suite 200, Aventura, Florida 33180 Name of Propen'y Owner (If other than Applicant): Phone No.: ~Doas Prooerties, Inc. Address of Property Owner:. P.O. Box 630785, Ojus, Florida 33163 The following documents are required to be submitted with and deemed to be incorporated into this petition, as al~l~licable: ALL APPLICATIONS MUST BE ACCOMPANIED BY A LETTER OF INTENT. Please deschbe in detsil, whether and to what extent the requested development action serves a public benefit which would warrant the granting of the request and specific justification for approval of the application, nature of the requests and any other pertinent information. Insufficient justification may result in the denial of your application. One (1) original application, signed and n~tarized by the applicant, owner and/or attorney and, if necessmy, authorization to another individual to represent the applicant. One (1) original, current (within 30 days) Ownership and Encumbrances Report for the subject property and copies of all documents referenced in that report. (SEE EXHIB[T "B") A comp eta zoning historJ of the property is required. The attached Certificate of Resolutio~ form must be completed and signed by a Metro-Dada employee from the Zoning Informati?[. Section. (SEE EXHIBIT "C") ' ~ Twelve (12) copies (folded) of a registered, current (within 30 days), signed and sealed survey of subject property, based upon the Ownemhip and Encumbrances ReDort. Surveys must delineate existing natural features, easements, existing structures and uses, and existing utility lines. Twelve (12) sets (folded) of supporting, signed and sealed, amhitectural plans, which clearly indicate the development action request. Plans must include site plan showing all improvements and setbacks, fully dimensioned; roof plan; all exterior elevations (including air conditioning, compressors, signs); extedor surface treatments, including roofs; and exterior color samples, including that of signs. Site plans submitted for multi-family or commercial projects must indicate location of dumpsters and dumpsters enclosures. Twelve (12) copies (folded) of landscape plan showing all plant material, aa to location, name, size and quality. Landscape plan must be drawn, signed and sealed by a Florida registered landscape architect. Twelve (12) copies (folded) liquor survey, prepared and sealed by a registered land surveyor, with 1,500 ff. radius (required for approval of lounge, bar or package liquor store only). Lot/Parcel Analysis required, including, but not limited to, the following information relative to lots and parcels in each zoning district: number of lots, smallest lot size, average lot size, number of parcels, acreage in each parcel. Letters from all utilities franchised to operate in the City (Florida Power and Light, Southern Bell, WASA, Cable) relative to adequacy of proposed easements shown in the plat/site plan, including appro~JI of shared easements. Twelve (12) sets of photographs of existing structures on site and/or 8'xl 0" color photographs or color rendering of proposed construction. __ Properties which are requesting a new or additional curb cut onto the State Highway System, enlargement of an existing cut, or a change in land use or intensification of development require Florida Department of Transportation approval for said access to the Highway system prior to the City of Aventura approval. (See attached FDOT notice - Attachment #1). Disclosure of Interest Form Is this hearing being requested as a result of a violation notice or summons? Yes __ No × If yes, in whose name was the violation or summons notice served? Nature of violation Does property owner own contiguous property to the subject properly? Ifso, gbe complete legal description ofentireconflguous property. Not to our knowledge. la there an option to purchase or Ioeae subject property or property contiguous thereto, predicated on the approval of this application? Yes No X - hoc to our knowledge; ~~~iea~ however, Florlda oepartment ot Transportation h~s* (Copy of purchase contract must be submitted with this application). *right-of-way along Biscayne Boulevard, both north and south of subject property. Are these plane representing new construction? Yes__ No x Has construction started? Yes __ No x Has construction been completed? Yes __ No X Are there any existing structures on the property? Yes x No -- Will the existing structures be demolished? Yes __ No x 2 2. Filing and Hearinq Fees A check made payable to the City of Aventura for the amount of: · Residential $1,625.00 plus $2/unit residential · Non-residential $1,725.00 plus $2/100 ~q. ft. gross building area __ A check made payable to Dade County for $110.00 for Concurrency raview by the County. 3. Property Violations As part of the review, your property may be subject to vadous inspections by City pemonnel. If building, zoning or Code Compliance violations are found, your request for a public hearing will be deferred until such violations are corrected. 4. Responsibili~ of AD~,licant It is the responsibility of the applicant to assure that all questions in the application and all required supplementary data are submitted at the time of the filing of the application and that all answem, plans and supplementary data are accurate and complete. All required plans, supplementary data, mail!ng labels and fees must be submitted at the same time as the application is filed, or the application will be incomplete. Incomplete applications will not be scheduled for public hearing and will be returned to the applicant. The filing of an incomplete application will not reserve a place on the hearing agenda. An application submitted prior to the deadline does not automatically insure placement of the application on.that hearing agenda. All data submitted in connection with the applicetion becomes a permanent pa~t of the public records of the City of Aventura. 5. Procedure for Site Plan Review Owner or applicant will provide twelve (12) sets of folded and collated plans for Preliminary staff review. Plans must include: Dimensioned Site Plan including, but not limited to: (Scale to be 1'=20' unless prior approval is received otherwise). __ Signage locations and types Land use and zoning information matrix to include required and provided setbacks, separations, heights, parking, etc. Location sketch Legal description of the subject property Details of dumpster, including, but not limited to, location, size, materials, type of doom, and access to. __ Information as to all perimeter buffer requirements for adjacent properties. __ Floor plans Elevations __ On-site Survey (current within 30 days) based upon the Ownemhip and Encumbrances report. __ Off-site sketch including, but not limited to, locations of structures, utilities, rights-of-way and curb cuts within 300' of the subject property __ A master site plan is required for all phased development 2. Staff will provide wdtten comments addressing the Preliminary Site Plan. 3. Owner or applicant will provide twelve (12) sets of revised plans, folded and cellated, for Final Staff review. Plans must include the same items as required for Preliminary Staff review plus: -- Details of all types of parking spaces provided. __ All signage locations, types and details. __ Complete Landscape Plan (Signed and sealed by a Florida Registered Landscape Architect). Plans shall include required and provided quanfitiea of plant materials. __ Engineering Plan (Scale to be 1 '=20' unless prior approval is received othenvise). __ Water, sewer, paving and drainage plans. 3 __ Utility locations. __ Locations and details of all entry features (if applicable). 4. Upon approval or receipt of comments from Final Staff review, the City Manager or his designee will make a determination that the Site Plan has met all the requirements of the City's development regulations. If any non-use vmiances are required for approval of the development, the Owner or applicant will provide an application for Non-Use Variances and twelve (12) sets of revised plans, folded and collated, for City Council approval. Plans must inolude the same items as required for Final Staff review and shall address all comments made at that stage. 5. Prior to the Issuance of a Building Permit the Applicant shall provide a copy of the approved Site Plan on reproducible mylar. 6. Prior to the Issuance of a Building Permit the Applicant shall provide a copy of the approved Site Plan, on disc, in a format compatible with the City's engineering applications. For Office Use Date Application Received: Application Number: 4 FLORIDA DEPARTMENT OF TRANSPORTATION PERMITS REQUIRED Notice Any properly which proposes modification and/or addition of access to the State Highway System is required to secure a Department of Transportation Driveway Connection Permit. If access modification is not anticipated but the property is planned for a change in land use or intensification of development, a new Driveway Connection Permit may be required if the change is expected to result in an incraass in traffic generation. A Drainage Connection Permit may be required if development would increase the total amount of parking, building or other impervious area. If your planned site improvements can be described by one or more of the above conditions you must contact the Department's Permit office and have your proposal reviewed prior to local government development approval Florida Department of Transportation District ~6, Permit Office, Room 6213 1000 NW 111 Avenue Miami, FL 33172-5800 (305) 470-5367 Attachment #1 I hereby acknowledge that I am aware that the Dade County Department of Environmental Resources Management (DERM), the City Engineer, the City Landscape Architect, the City Police Department, and other County agencies and City departments review zoning applications and proffer comments that may affect their scheduling and outcome. These comments sometimes include requirements for an additional public hearing before the Environmental Quality Conlrol Board, or other county Boards, and /or the prior preparation and execution of agreements to run with the land which are recorded. In addition to these agencies, I also, understand that the South Florida Building code may contain raqulrements that affect my ability to obtain a building permit for my project, and that approval of my zoning application dges~ot constitute building permit apprOval. Contact with the abov_9_lng~tioned agan~ies i%~ idvised during the hearing process. ~ ~ By: JOSE ABREU, District Secretary \ \ Print Name of Petitioner '~gnat~of Petitior STATE OF Florida COUNTY O~ Dade The foregoing Instrument was Sworn to and Subac~foed before me this ~/ ,by Jose Abreu, District Secretary "-~,..r~_--'-- Printe4 Name of Nota,.y Public ,SI Notary BAGEL CO~ ,URE PLAN APPROVAL (PARCEL II) ~ DEVELOPMENT APPLICATION OWNER CERTIFICATION (Please complete a,'l that app!y) F~r use when Petitioner Is the C~.~;;e~ o~ su~,fec; /~roner~ ~ This is to ,.~,;.;;y that I am the owner of the sublect lands described In the above application. I understand that I am responsible fur complying with all application requirements prior to this petition being scheduled for any public hearing. I also understand that it is my responsibility to comply with the City's requirements regarding quaskjudiclal proceedings. This further certifies that I have read this petition and the statements contained heroin am true and correct. Print Name of Petitioner $1G,,,,;um of Petitioner STATE OF COUNTY OF My Commission Expires: ~_n~ is to ~,=,ury that I am the owner of subject klnds described in ~th_ls petition and the statements contained here~, o.= +-,~ .J~ff .f~ ~s f~rt~ ifies that I h~ve rea,= ~uF TRANSPORTATION '\' ........ ,~,~me~.. ~ \ B [T~ATE OF FLORIDA DEPT. OF TRANsPORTAT~ON~~ ~ ,,,,;. Name of Petitioner ~ ....... ,? r~uaon~r ou:~'~'~A]~I~U, Disi:rict~SeCreta~3~ Thefomgoinglnstmmentwa$SwomtoandSubscribedh,=e~ ,.,..Rr'af. . '~//. by JO.gE A~;I;. T~,~r-c~.~ 'e.,~.~*=~ ....... ay ,~..~~ , 1998 ~ .: .... ~_.. ~ ~ )' Known to m~ '6r who has ~ ~-~' My Commission E~ires: Tenant or Owner Affidavit I, · being first duly sworn, depose and say that I am the owi~e~iiunant of the pmperty described and wh ch is the subject mattar of the proposed hearing; that all the answers to the questions in this application, and all sketch data and other supplementary matter attached to and m~de a part of the application am honeat and true. I understand this application must be completed and accurate before a headng can be advertised, In the event that I or any one appearing on my behalf is found to have made a material misreoresentafion, eitber.oml or w';~en regarding this application, I understand that any development action may be voidable at the option of ~h'e ' City of Aventura. Print Name of Petitioner Signature of Petitioner STATE OF COUN'fY OF b?e foregoing Instrument was Sworn to and Subscribed bethrs me this dayof , 19 ~ is personal¥ Enown to me or who has p~"'~'~ as identification. ~ignatore of Notary Public Attorney Affidavit j, Michael J. Snyder, Esquire , being fimt duly sworn, depose and cay that I am a State of Florida Attorney at Law, and i am the Attorney for the Owner/Applicant of the property described and which is the subject matter of the proposed hearing; that all the answem to the questions in this application, and all sketch data and other supplementary matter attached to and made a part of this application am honest and true. I undemtand this application must be complete and accurate before a hearing can be advertised. In the event that I or any one appearing on my behalf is found to have made a material misrepresentation, either oral or written, regarding this application, I understand that any development action may be voidable at the option of the City of Aventura. MICHAEL J. SNYDER, ESQUIRE S~,~...,.~'~--~o~g~atu~o~~ P~tht Name of Petitioner her Florida Dade STAI~E OF COUNTY OF /~ . The foregoing insto~'nent was Sworn to and Subscribed bef~e me this '~ "~ ' by Michael J. Snyder, Esquire who is~rsonal[y kno~ffi to me or who has produced as ideatJfication. Printed Name of Notary Public Signature of Nata~y Public My Commission Expires: Corporation Affidavit I/We, , being first duly sworn, depose and say that I/we ara the President/Vice President, and Secretary of the aforecaid corporation, and as such, have been authorized by the corporation to file this application for public hearing; that all answers to the questions in caid application and all sketches, data and other supplementary matter attached to and made a part of this application ara honest and true; that said corporation is the owner/tenant of the property described herein and which is the subject matter of the proposed hearing. We understand that this application must be complete and accurate before a hearing can be advertised. In the event that I or any one appearing on our behalf is found to have made a material misrepresentation, either oral or written, regarding this application, I understand that any development action may be voidable at the option of the City of Aventura. Print Name of Petitioner Signature of Petitioner STATE OF COUNTY OF The foregoing instrument was Sworn to and Subscfibod before me this --. day of , 19 , by who is personally known to me ~r who has produced as identification and who (did) (did nat) take an oath. Pfint~l Name of Notary Public My Commission Expires: Signature of Nata~y Public 0&'05~97Devel~rnem Applicatlo~ Ovma~ Cerl~c~on ~ i;', CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission EricM. Soroka,~. ~a~er ~lea~hlu3ti:~ 9Rg~q~'"esting~T and Miami-Dade County to Study the William Lehman Causeway Connector April 7, 1998 City Commission Meeting Agenda Item As per the City Commission's direction at the Mamh 24, 1998 Commission Workshop, attached is a Resolution requesting FDOT and Miami-Dade County Public Works Department to study the feasibility of connecting the William Lehman Causeway with Dixie Highway in order to improve traffic circulation. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0542-98 RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, REQUESTING THE FLORIDA DEPARTMENT OF TRANSPORTATION AND MIAMI-DADE COUNTY PUBLIC WORKS DEPARTMENT TO STUDY THE FEASIBILITY OF CONNECTING THE WILLIAM LEHMAN CAUSEWAY WITH DIXIE HIGHWAY IN ORDER TO IMPROVE TRAFFIC CIRCULATION AND REDUCE TRAFFIC AT THE INTERSECTIONS OF IVES DAIRY ROAD AND BISCAYNE BOULEVARD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Aventura is continually exploring alternatives to improve traffic flow along Biscayne Boulevard and its various intersections; and WHEREAS, the City Commission of the City of Aventura feels that the construction of a link between the William Lehman Causeway and Dixie Highway would significantly improve traffic circulation and reduce the level of traffic at the existing intersections with Biscayne Boulevard; and WHEREAS, this City Commission requests the Florida Department of Transportation and the Miami-Dade County Public Works Department to study the feasibility of connecting the William Lehman Causeway with Dixie Highway. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission hereby requests that the Florida Department of Transportation and the Miami-Dade County Public Works Department study the feasibility of connecting the William Lehman Causeway with Dixie Highway. Resolution No. Page 2 Section2. This Resolution shall become effective immediately adoption. ~vho upon its 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 PASSED AND ADOPTED 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 OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: Eric M. Soroka, ' March 30, 1998 Appointment of Members to Recreation and Cultural Arts Advisory Board April 7, 1998 City Commission Meeting Agenda Item Attached hereto is a Resolution approving the Mayor's appointment of the individuals nominated by the City Commission for the Recreation and Cultural Arts Advisory Board. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0541-98 RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA RECREATION AND CULTURAL ARTS ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 96-23, the City Commission of the City of Aventura provided for the creation of the Recreation and Cultural Arts Advisory Board; and WHEREAS, in accordance with the provisions of Section 3.11 of the City Charter of the City of Aventura, the City Commission wishes to provide for approval of members to the Recreation and Cultural Arts Advisory Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission hereby approves the appointment by the Mayor of the following individuals to the Recreation and Cultural Arts Advisory Board: Elaine Baxter Mindy Bloom Ruth Demming Don Gustin Irving Kanowitz Janet Laine Lenore Toby Simmons Section2. This Resolution shall become effective immediately upon its adoption. Resolution No. Page 2 who 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 PASSED AND ADOPTED this 7th day of April, 1998. ATTEST: ARTHUR I. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY A'I-rORNEY /tms CITY OF AVENTURA OFFICE OFTHEClTYMANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission t~ Eric M. Soroka, Ci March 31, 1998 Resolution Authorizing Execution of Agreement for Building, Public Works and Engineering Inspection and Plan Review Professional Consultant Services with C.A.P. Engineering Consultants, Inc. RFQ 98-2-25-2 April 7, 1998 City Commission Meeting Agenda Item ~,,~(~ RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing the execution of the Agreement for Building, Public Works and Engineering Inspection and Plan Review Professional Consultant Services with C.A.P. Engineering Consultants, Inc. BACKGROUND At the March 3, 1998 Meeting, the City Commission adopted Resolution 98-25 which selected C.A.P. Engineering Consultants, Inc. to perform the services outlined in RFQ 98-2-25-2 and authorized the City Manager to negotiate the scope of services and fees. The attached Agreement is similar to the existing Agreement in both scope of services and fees. C.A.P. Engineering Consultants, Inc. will take on the additional responsibility of providing public works and engineering inspection services. The major points of the Agreement are as follows: The City will employ its own Chief Building Official. The consultant will provide all other services. The consultant shall be compensated with 70% of the gross building permits collected by the City. 3. The term of the Agreement is until April 7, 2000. However, the City may extend the Agreement beyond that period. 4. Building inspections shall be provided within 24 hours. 5. Plan review shall be completed within ten (10) working days. Consultant shall provide the appropriate insurance coverage with minimum policy limits in the amount of $1,000,000. The service standards established in the Agreement are far in excess of what is currently provided by the County. The Agreement will allow the City to continue to provide superior services to the community on an economical basis C.A.P. Engineering Consultants, Inc. has been performing building inspection and review services since November of 1996. Since that time, I have heard only positive comments and support from both the building community and condominium associations. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0543-98 RESOLUTION NO. 98-__ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPOINTING THE FIRM OF C.A.P. ENGINEERING CONSULTANTS, INC. TO PERFORM BUILDING, PUBLIC WORKS AND ENGINEERING INSPECTION AND PLAN REVIEW PROFESSIONAL CONSULTANT SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR PROFESSIONAL SERVICES; AGREEING TO THE NEGOTIATED SCOPE OF SERVICES AND FEES CONTAINED IN SAID AGREEMENT; AND, PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The firm of C.A.P. Engineering Consultants, Inc. be and the same is hereby appointed to perform Building, Public Works and Engineering Inspection and Plan Review Services on behalf of the City of Aventura. Section 2. The City Manager is hereby authorized to execute the attached agreement for professional services by and between the City and C.A.P. Engineering Consultants, Inc. and whereby the City agrees to the negotiated scope of services and fees. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by moved its adoption. The motion was seconded by being put to a vote, the vote was as follows: , who ,and upon Commissioner Arthur Berger Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Pedow Commissioner Patrioia Rogers-Libert Vice Mayor Jay R. Beskin Mayor Arthur I. Snyder Resolution No. 98-._ Page 2 PASSED AND ADOPTED this 7th day of April, 1998. ARTHURI. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA AGREEMENT FOR BUILDING, PUBLIC WORKS AND ENGINEERING INSPECTION AND PLAN REVIEW PROFESSIONAL CONSULTANT SERVICES THIS AGREEMENT, made and entered into this __ day of April, 1998 by and between the CITY OF AVENTURA, hereinafter referred to as "City" and C.A.P. ENGINEERING CONSULTANTS, INC., 100 Miracle Mile, Suite 300, Coral Gables, Florida 33134, a corporation, hereinafter referred to as "Consultant". IN CONSIDERATION of the mutual covenants set forth in this Agreement, the parties agree as follows: 1. SCOPE OF SERVICES. A. The Consultant agrees to provide building, public works and engineering inspection and plan review services for structural, plumbing, electrical and mechanical requirements as contained in the South Florida Building Code, including the Dade County amendments thereof. B. Services will be provided by personnel provided by the Consultant in accordance with the job classifications contained in Exhibit "A". All such personnel shall be and remain employees of Consultant, not City. C. The Consultant shall also provide support services as requested by the City Manager relating to organization and coordination of the various activities with City staff. D. Both parties understand that City will employ its own Chief Building Official as defined by the South Florida Building Code. Employees of the Consultant shall coordinate their work through the City's Chief Building Official for building inspection and plan review services and with the Community Services Director for public works permit applications, reviews and applications. 2. FEES FOR SERVICES. The Consultant agrees to charge the City the following fees for services: A. Eor services provided pursuant to paragraph lA, consultant shall be compensated on a monthly basis, with seventy pement (70%) of the gross building and/or public works permit fee amounts collected by the City. B. For services provided pursuant to paragraph 1C, Consultant shall be compensated on an hourly rate at Eighty-Five ($85.00) Dollars. C. City shall pay Consultant within thirty (30) days of invoice by Consultant. 3. TERM OF AGREEMENT. This Agreement shall become effective upon signature of both parties and shall continue in full force and effect until midnight, April 7, 2000. However, this Agreement may be extended upon mutual agreement of both parties. This Agreement may be terminated by written notice of termination provided pursuant to paragraph 9. 4. GENERAL TERMS AND CONDITIONS. A. All original sketches, tracings, drawings, computations, details, design calculations, work papers and other documents and plans that result from the Consultant providing specified services shall be the property of the City. Upon termination of this Agreement or upon request of the City during the term of this 2 Agreement, Consultant. B. any and all such documents shall be delivered to the City by the Consultant shall provide all necessary vehicles, radios and equipment for their employees to perform the services required by this Agreement. C. City shall provide badges, photo I.D., workspace and telephones for all inspectors employed by Consultant to perform the services required by this Agreement. 5. SERVICE STANDARDS. ConsuLtant agrees to provide the services as required by paragraph lA based on the following standards for service: A. Building inspections shall be provided within twenty-four hours after the City's Community Development Department receives a request for inspection. B. Plan reviews shall be completed within ten working days after the Community Development Department receives a request for plan review. 6. INSURANCE. The Consultant shall at all times carry professional liability insurance, workers' compensation insurance, public liability and property damage insurance, and automotive public liability and property damage insurance with minimum policy limits in the amount of One Million Dollars ($1,000,000) per occurrence, except that the dollar amount of workers' compensation coverage shall be as provided by Chapter 440, Fla. Stat. The City shall be named as an additional insured on all of the above insurance policies. Each insurance policy shall state that it is not cancelable without written notice to the City 30 days prior to the effective date of cancellation. 3 7. ASSIGNMENT. This Agreement shall not be assignable by the Consultant. 8. PROHIBITION AGAINST CONTINGENT FEES. The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the Consultant any fee, commission, pementage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement unless approved by the City Manager of the City of Aventura. 9. TERMINATION. This Agreement may be terminated by the City upon ten days' written notice with or without cause and by the Consultant upon 60 days' written notice with or without cause. If this Agreement is terminated, the Consultant shall be paid for all acceptable work performed and reasonable pertinent expenses up to the date of termination. 10. NONEXCLUSIVE AGREEMENT. The services to be provided by the Consultant pursuant to this Agreement shall be nonexclusive and nothing herein shall preclude the City from engaging other firms to perform the same or similar services for the benefit of the City within the City's sole and absolute discretion. 4 11. ENTIRE AGREEMENT. The parties hereby agree that this is the entire agreement between the parties. This Agreement cannot be amended or modified without the express written consent of the parties. 12. WARRANTIES OF CONSULTANT. The Consultant hereby warrants and represents that at all times during the term of this Agreement it shall maintain in good standing all required licenses, certifications and permits required under federal, state and local laws necessary to perform the Specified Services. 13. ATTORNEYS' FEES. In connection with any litigation arising out of this Agreement, the City shall be entitled to recover reasonable attorneys' fees and costs. Consultant recognizes that other covenants of this Agreement serve as consideration for this provision. 14. NOTICES. All notices and communications to the City shall be in writing and shall be deemed to have been properly given if transmitted by registered or certified mail or hand delivery. All notices and communications shall be effective upon receipt. Notices shall be addressed as follows: CITY: Eric M. Soroka City Manager City of Aventura 2999 N.E. 191st Street, Suite 500 Aventura, Florida 33180 5 CONSULTANT: Carlos A. Penin, P.E., President C.A.P. Engineering Consultants, Inc. 100 Miracle Mile, Suite 300 Coral Gables, Florida 33134 15. GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of Florida. Venue for any litigation hereunder shall be in Dade County, Florida. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. CONSULTANT: C.A.P. Engineering Consultants, Inc. 100 Miracle Mile, Suite 300 Coral Gables, Florida 33134 CITY: City of Aventura 2999 N.E. 191st Street, Suite 500 Aventura, Florida 33180 By: Carlos A. Penin, President By: Eric M. Soroka, City Manager Attest: Attest: Teresa M. Smith, CMC City Clerk Approved: City Attorney 6 EXHIBIT"A" Job Classifications: The following job classifications will be staffed with five (5) certified persons: A. Structural Plan Reviewer is certified by the Dade County Board of Rules and Appeals. This Professional Engineer performs structural review of building permit plans as mandated by the revised South Florida Building Code requirements. B. Chief Building Inspector is certified by the Dade County Board of Rules and Appeals. He performs all plans review and field inspection of structural, building, A.D.A. and roofing components. As construction progresses, mandatory inspections are performed per requirements of the South Florida Building Code. He is responsible for supervising the inspection activities of all trades. C. Mechanical Plumbing and Electrical Officials are delegated power by the Building Official (to be hired by the City) to enforce the South Florida Building Code to interpret the Code requirements of their respective trades. They also serve as Plans Examiners in reviewing permit applications and as Inspectors during construction in their respective trades in which they are certified. 7 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission / Eric M. Soroka, Ci~2 March 31, 1998 Ordinance Amendin( Policy ~ntura,s Founders Park Non-Residency Ist Reading April 7, 1998 City Commission Meeting Agenda Item 2nd Reading April 21, 1998 City Commission Meeting Agenda Item A SUMMARY In accordance with the consensus reached at the Commission Workshop Meeting, attached is an Ordinance amending the Aventura Founders Park Non-Residency Policy. The amendment provides for a non-resident fee for the portion of the park north of N.E. 190th Street. If you have any questions, please feel free to contact me. EMS/aca Attachment cc0543-98 ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE 98-02 WHICH ESTABLISHED A RESIDENCY POLICY FOR UTILIZATION OF AVENTURA FOUNDERS PARK; BY AMENDING SECTION I TO FURTHER DEFINE THAT PORTION OF FOUNDERS PARK FOR WHICH A RESIDENCY POLICY IS ESTABLISHED; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, Ordinance No. 98-02 established a residency policy for use of Aventura Founders Park; and WHEREAS, this Commission wishes to amend the residency policy previously established to provide a residency policy for use of the portion of the Park north of N.E. 190th Street. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Ordinance No. 98-02 is hereby amended as follows: Sec. 1. The following residency policy for use of the portion of Aventura Founders Park north of N.E. 190th Street is hereby established: Section 2. SeverabiliW. 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 2 remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. Inclusion In the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the City of Aventura Code; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 4. This Ordinance shall become effective immediately after adoption on second reading. The foregoing Ordinance was offered by , who moved its adoption on first reading. This motion was seconded by , 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 The foregoing Ordinance was offered by adoption on second reading. This motion was seconded by and upon being put to a vote, the vote was as follows: , who moved its Commissioner Arthur Berger Ordinance No. 98-__ Page 3 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 7th day of April, 1998. PASSED AND ADOPTED on second reading this 21~t day of April, 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 _/~ Eric M. Soroka, City~/~la~n Mamh 19, 1998 Aventura Founders Park Non-Residency Policy The following outlines the ramifications from establishing various non-residency policies at the subject park: Exclude All Non-Residents - The City would immediately lose $160,000 in Safe Neighborhood Parks Grant Funds and would not be eligible for any Federal, State or County Grant Funds. Over a five to ten year period, this would result in the loss of millions of potential grant funds to the City. In light of the fact that the City is pursuing grant funding for the purchase of additional park sites, this would have a financial impact on the City. Non-Residency Fee (Ordinance No. 98-02) - Based on written confirmation from the County, and until we hear otherwise from an authorized representative of Miami-Dade County, this policy would not result in the loss of any grant funding at any level. Non-Resident Fee for Northern Portion of Park Only - Same response as number two, but would probably deter the County from reviewing the park policy and grant funding. In the event the City Commission wishes to implement the policy contained in paragraph three, Ordinance No. 98-02 would be amended as follows: Section 1: The following residency polic~ for use of the portion of Aventura's Founders Park north of N.E. 190"' Street is hereby eStablished. As per the City Commission's direction, this matter has been placed on the Workshop Agenda. EMS/aca Attachment CCO535-98 ORDINANCE NO. 98-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING A RESIDENCY POLICY FOR UTILIZATION OF AVENTURA FOUNDERS PARKS TO PROVIDE PRIORITY TO CITY RESIDENTS; ESTABLISHING A FEE SCHEDULE FOR NON-RESIDENTS; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, it is the intent of this Council to insure that City residents are provided priority in the use and enjoyment of Aventura Founders Park; and WHEREAS, this Council finds it to be in the best interests of the residents of the City of Aventura to establish a fee schedule for use of Aventura Founders Park by non- residents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section I. The following residency policy for use of Aventura Founders Park is hereby established: A. All guests using the park shall be required to obtain and utilize a guest pass or be accompanied by a resident at all times. B. The City Manager shall establish administrative procedures to implement regulations regarding the use of the various types of passes. C. Non-residents shall be permitted to use the park, amenities and facilities on a space-available basis. D. The usage fees for non-residents is as follows: Daily Pass: Adults $5.00 Ordinance No. 98-02 Page 2 Monthly Pass: Annual Pass: Children (17 and under) Adults Children (17 and under) Adults Children (17 and under) $3.00 $100.00 $ 60.00 $1,000.00 $ 500.00 E. Non-resident fees shall not apply to all permitted activities for the purpose of City-sponsored and approved special events, leagues and activities. F. Non-resident fees shall be in addition to any user fees established by the City. Section 2. Usage fees for non-residents may be amended from time to time by the City Council after public hearing. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion In the Code. It is the intention of the City Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the City of Aventura Code; that the sections of this Ordinance may be renumbered or relettered Ordinance No. 98-02 Page 3 to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section ,5. This Ordinance shall become effective immediately after adoption on second reading. The foregoing Ordinance was offered by Vice Mayor Beskin, who moved its adoption on first reading. This motion was seconded by Councilmember Holzberg, and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger yes Councilmember Ken Cohen yes Councilmember Harry Holzberg yes Councilmember Jeffrey M. Perlow yes Councilmember Patricia Rogers-Libert yes Vice Mayor Jay R. Beskin yes Mayor Arthur I. Snyder yes The foregoing Ordinance was offered by Councilmember Cohen, who moved its adoption on second reading. This motion was seconded by Councilmember Holzberg, and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger yes Councilmember Ken Cohen yes Councilmember Harry Holzberg yes Councilmember Jeffrey M. Perlow yes Councilmember Patricia Rogers-Libert no Vice Mayor Jay R. Beskin absent Mayor Arthur I. Snyder yes PASSED AND ADOPTED on first reading this 20th day of January, 1998. Ordinance No. 98-02 Page 4 PASSED AND ADOPTED on second reading this 3'd day of February, 1998. Arthur' I~ Snyder; Ma~/or ATTEST: Teresa M. Smith, CMC, City Clerk City Attorne~ APPROVED AS TO LEGAL SUFFICIENCY: TO: FROM: DATE: SUBJECT: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM City Commission _~I Eric M. Soroka, City~/nag~r I1\ ;~;;;a31;i;:18abl~shin~p~ointment Time Period for Vice-Mayor 1st Reading April 7, 1998 City Commission Meeting Agenda Item '~ 2nd Reading April 17, 1998 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the attached Ordinance, which establishes the appointment time period for Vice-Mayor as required by the recent Charter Amendment. BACKGROUND Pursuant to the Special Municipal Election held on March 10, 1998, the City Charter was amended to provide that semi-annually, at such times established by Ordinance, the City Commissioners shall elect a Vice-Mayor. The attached Ordinance was prepared to implement the Charter Amendment. The attached Ordinance establishes the selection of the Vice-Mayor at the first Commission Meeting in April and October. The April time period was selected based on the elections taking place in March and this would allow the newly (or re-elected) constituted Commission to select the Vice-Mayor. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0544-98 · ORDINANCE NO. 98 - AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; PROVIDING FOR THE SEMI-ANNUAL APPOINTMENT OF VICE-MAYOR; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. WHEREAS, pursuant to the Special Municipal Election held on March 10, 1998, the City Charter of the City of Aventura was amended to provide that semi-annually at such times as established by ordinance, the Commission shall elect one of its members as Vice Mayor; and WHEREAS, the City Commission wishes to establish such time periods for appointment of the Vice Mayor. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. That the City Commission shall elect a Vice Mayor semi-annually, at the first Commission meeting in April and the first Commission meeting in October of each year, by a majority vote of the City Commission. 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. Ordinance No. 98-__ Page 2 Section 3. Inclusion In the Code. It is the intention of the City Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the City of Aventura Code; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word.. Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by , who moved its adoption on first reading. The motion was seconded by , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Commissioner Jeffrey M. Perlow Vice-Mayor Jay R. Beskin Mayor Arthur I. Snyder The foregoing Ordinance was offered by , who moved its adoption on second reading. The motion was secQnded by , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Ken Cohen Commissioner Harry Holzberg Ordinance No. 98-__ Page 3 Commissioner Patricia Rogers-Libert Commissioner Jeffrey M. Perlow Vice-Mayor Jay R. Beskin Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 7th day of April, 1998. PASSED AND ADOPTED on second reading this 21 st day of April, 1998. A'I-I'EST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY 3 TO: FROM: DATE: SUBJECT: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM City Commission Eric M. Soroka, Ci~f.,IV~an a~!l~r April 1, 1998 ~,,. ~ Comprehensive Annual Financial Report - FY 1996/97 April 7, 1998 City Commission Meeting Agenda Item RECOMMENDATION In accordance with the attached memoranda previously submitted to the City Commission, it is recommended that the City Commission adopt a motion accepting for filing the Comprehensive Annual Financial Report for the period of the Fiscal Year ending September 30, 1997. BACKGROUND The Comprehensive Annual Financial Report (CAFR) was distributed to the City Commission on March 26, 1998. In addition, a staff report prepared by the Finance Support Services Director who provides an overview of CAFR and responses to the Schedule of Findings was distributed to the City Commission. I am pleased to advise the City Commission that the audit performed by Rachlin, Cohen & Holtz, once again, can best be summarized as a clean bill of financial health for the City. The audit reflected the City's strong financial condition during the first full fiscal year. Furthermore, there were only minor management letter recommendations for the period and the audit did not note any matters that involved the internal control structure and its operations that were considered material weaknesses or instances of noncompliance. The management letter items are already in the process of being addressed. Also, on a positive note, the general fund balance slightly exceeded the amount originally estimated in the budget. Memo to City Commission Page 2 I would like to take this opportunity to commend the Finance Support Services Director and his staff for continuing to implement the necessary systems and controls to protect the finances of the City. The results of the audit emphasize our continued commitment to operate the City in a professional and responsible manner. The Rules of Auditor General, Chapter 10.550, requires that the CAFR and the Management Response to Schedule of Findings be filed as an official record at a public meeting. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0545-98 CITY OF AVENTURA FINANCE SUPPORT SERVICES DEPARTMENT TO: FROM: BY: . Har"~ M~re, Fina~r~ce~ort Services Director DATE: March 28th, 1998 SUBJECT: Management Response to Schedule of Findings The Management Letter in Accordance with the Rules of the Auditor General dated January 14th, 1998 lists two comments and recommendations. The City Administration response to these findings are as follows: 1. Fixed Assets As stated by the Auditors, the City did not timely establish fixed asset records for capital acquisition throughout the year. However, after the fiscal year end, a complete physical inventory was conducted and all capital outlay expenditure accounts were tied to specific tagged assets. However, we agree that assets should be tagged and fixed asset records established as soon as possible after acquisition. Also, as stated by the Auditors, the City has already established training times for the fixed assets module which is a part of the H.T.E. financial application software. This total application software and hardware system was acquired in July 1997 and the modules are being implemented in a logical progression. Fixed assets training will begin in May 1998 with live implementation around September 1998. 2. Changes in Accounting Principles As stated by the Auditors, the City will contact the ICMA Retirement Corporation to continue discussions about revising the City's 457 Deferred Compensation Plan. The plan will be revised prior to the required effective date of this change in accounting principles. HM~mn â–  CITY OF AVENTURA, FLORIDA Comprehensive Annual Financial Report Assesiti :NM NNW co) INN= mi 0= 11 1 � ,, I , i0 I . I ` • / ) : -' _` F 0 C.)41 .Y of EXCC% K-ht FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 1997 L L L L L L L LCITY OF A V ENTURA, FLORIDA COMPREHENSIVE ANNUAL FINANCIAL REPORT LFISCAL YEAR ENDED SEPTEMBER 30, 1997 L L L L L L LPrepared by: FINANCE SUPPORT SERVICES L C L E City OF Aventura, Florida â–  Comprehensive Annual Financial Report e For the Fiscal Year ended September 30, 1997 ■� TABLE OF CONTENTS PAGE INTRODUCTORY SECTION Letter of Transmittal I City Officials XI Organization Chart XII Certificate of Achievement XIII FINANCIAL SECTION Report of Independent Certified Public Accountants I General Purpose Financial Statements(Combined Statements-Overview) Combined Balance Sheet-All Fund Types and Account Groups 2 Statement of Revenues,Expenditures and Changes in Fund Balances- All Governmental Fund Types 3 Combined Statement of Revenues,Expenditures and Changes in Fund Balances-Budget and LActual- All Budgeted Governmental Types 4 f�■1 Notes to General Purpose Financial Statements 5 i Combining,Individual Fund and Account Group Statements and Schedules i General Fund: P Schedule of Revenues and Expenditures-Budget and Actual 17 ` Special Revenue Funds: Combining Balance Sheet 19 Combining Statement of Revenues,Expenditures and Changes in Fund Balance 20 Statement of Revenues,Expenditures and Changes in Fund Balance-Budget and Actual 21 Agency Funds: �r Statement of Changes in Assets and Liabilities 23 General Fixed Assets Account Group Schedule of General Fixed Assets-By Source 24 Schedule of General Fixed Assets-By Function and Activity 25 [ Schedule of Changes in General Fixed Assets-By Function and Activity 26 L C 1 City OF Aventura, Florida Comprehensive Annual Financial Report ' For the Fiscal Year ended September 30,1997 TABLE OF CONTENTS (Continued) ' PAGE STATISTICAL SECTION General Governmental Expenditures by Function 27 ' General Governmental Revenues by Source 27 Property Tax Levies&Collections 28 e Assessed Value of Taxable Property 28 Property Tax Rates-Direct and Overlapping Governments 29 • Ratio of Net General Bonded Debt to Assessed Value and Net Bonded Debt per Capita 29 ' Computation of Legal Debt Margin 30 Computation of Direct and Overlapping Debt 30 1 Ratio of Annual Debt Service Expenditures for General Bonded Debt to Total General ' Governmental Expenditures 31 Estimated Value of Construction 31 Principal Taxpayers 32 ' Demographic and Miscellaneous Statistics 33 1 COMPLIANCE SECTION Report of Independent Certified Public Accountants on Compliance and Internal Control over Financial Reporting Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards 34 Management Letter in Accordance with the Rules of the Auditor General 36 Schedule of Findings 38 ' 1 L .\ „ 1 . CITY OF AVENTURA â– â–  GOVERNMENT CENTER I • - 2999 N.E. 191ST STREET â–  �• �� SUITE 500 l.cA '/a"f.'Vp AVENTURA, FLORIDA 33180 es�G%� L ARTHUR I. SNYDER MAYOR March 131h, 1998 JAY R. BESKIN Via MAYOR LCOUNCI ARTHUR BERGER L Honorable Mayor and HARRY HOLZRERG KEN COHEN Members of the City Council PATRICIA ROGERS-LIBERT City of Aventura EFFREY M. PERLOW Aventura, Florida ERIC M. SOROKA CITY MANAGER In accordance with Section 11.45, Florida Statutes, and Section 4.11 of the City Charter, L submitted herewith is the Comprehensive Annual Financial Report for the fiscal year ended September 30th, 1997. Responsibility for both the accuracy of the data and completeness and fairness of its presentation, including all disclosures, rests with the City. Management Lbelieves that the data presented is accurate in all material aspects; that it is presented in a lil manner designed to present fairly the financial position and results of operations of the City as measured by the financial activity of its various funds and account groups and that all disclosures necessary to enable the reader to gain the maximum understanding of the City's financial affairs have been included. The Comprehensive Annual Financial Report consists of four parts as follows: 1. Introductory Section - This section is designed to introduce the reader to the L report and includes the table of contents, the transmittal letter, the governmental structure, a list of principal officials and the Certificate of Achievement for Excellence in Financial Reporting. L2. Financial Section - This section includes the opinion of the independent auditors followed by the General Purpose Financial Statements (GPFS). The GPFS are L the combined financial statements of the City together with the notes to the financial statements. These basic combined financial statements and notes are designed to provide an overview of the City's financial position and results of Loperations. The remainder of this section presents the combining, individual fund L and account group statements and schedules. L 3. Statistical Section - This section presents summary financial and demographic information on the City for the first two years of its operations and information on overlapping taxing authorities. Each year, an additional year will be added to CL allow for a good historical overview of the City. PHONE: 305-466-8900 • FAX: 305-466-8939 I • 4. Compliance Section - This section includes those reports required to comply with Governmental Accounting Standards and Rules of the Auditor General of the state of Florida. THE REPORTING ENTITY AND ITS SERVICES The City of Aventura was incorporated on November 7th, 1995 and is a political subdivision of the State of Florida. The City operates under a council-manager form of government and provides General Government, Public Safety and Community Services to its residents and business community. The Mayor and six City Council members were elected in March, 1996 and are responsible for establishing policies for City Government. The Mayor and Council appoint the City Manager who is the Chief Administrative Officer of the City and is responsible for implementing policies adopted by the Council. The City Manager and first regular employees officially began work on June 3rd 1996 and have worked with the Mayor and Council to establish the municipal government structure. This report includes all of the funds and account groups for which the City of Aventura is financially accountable. Although the Miami-Dade Board of County Commissioners, Miami- Dade District School Board, South Florida Water Management District and Florida Inland Navigation District levy and collect taxes on property located within the corporate limits of Aventura, financial information on these taxing authorities is not included in this report since each has a separate elected governing body, are legally separate and are fiscally independent of the City. Annual financial reports of these units of government are available upon request from each authority. ECONOMIC CONDITIONS AND OUTLOOK The City of Aventura serves an area of approximately 4 square miles with an estimated population of approximately 20,000 year round residents. The City was incorporated on November 7th, 1995 and has been in the process of establishing its government organization. Prior to incorporation, the City received services from Miami Dade County as a part of their unincorporated municipal services taxing unit. The City received no real property, facilities or equipment from Miami-Dade County upon incorporation. Prior to incorporation several studies concluded that the Aventura area was a major donor to Miami-Dade County's unincorporated municipal services taxing unit. Actual operations since incorporation support the conclusions of those studies, although the studies did overstate the magnitude of the City's donor status. 1 1 • I I L L L The City's combination of upscale residential and commercial developments results in a taxable value of $2.6 billion within a land area of less than 4 square miles. This makes Aventura's taxable value per capita of more than $130,000 among the highest in the County L and State. As shown by the number of permits and estimated value of construction on table 10 of the statistical section, the 1996/97 fiscal year was an extremely active construction period in the City. A review of the underlying permits showed that the construction activities L continued to be geared toward upscale residential and commercial activities. An analysis of projects in the various stages of the planning and development process indicates that the same type and level of construction activity can be expected over at least the next two to L three years. The City's image as an upscale community will continue to be enhanced by the operation of its own municipal services resulting in a continuing emphasis of high quality development in the City. L MAJOR INITIATIVES L The establishment of a new municipal government structure to meet the needs of an existing City resident and business base has required the dedication of elected officials, the City Manager and all employees. The foundation on which to build the government L structure has emphasized customer service, one-stop shopping and privatization where appropriate. We will attempt to highlight the primary matters which were accomplished during the 1996/97 fiscal year. LPolice Department One of the primary reasons for the City to incorporate was to improve the level of law L enforcement services. The City contracted with Miami-Dade County to continue to provide Police services up till April 1, 1997. On that date, the City would assume full responsibility for all police services within the City. This was an ambitious timetable requiring the L dedicated efforts of elected officials, City management and all of the newly hired employees of the departments. On October 1, 1996, the Police Department consisted of only one employee (the Police L Chief). Within a few months, administrative positions in the department were filled with high quality, experienced personnel. Those individuals, with assistance from other City staff, L took on the challenge of recruiting, reviewing and interviewing prospective candidates to fill the remaining slots in the Department. By mid February, 80% of all positions in the department were filled and City officers began training and soon began road patrol along L with Miami-Dade Police. By April 1st, the Department was 90% staffed and had assumed full responsibility for all police operations within our corporate limits. By the end of the fiscal year, 59 of the 61 authorized positions were filled with an appropriate mix of experienced and young sworn and civilian personnel. L L III r 1 1 The focus has been to be a proactive, community policing oriented department relying on modem police methods and the use of state of the art equipment to perform efficiently and effectively. During the 1996/97 fiscal year more than $1.4 million was expended on vehicles, operating equipment and computer hardware and software to properly equip the department. ' Community Development Deoartment Another area of importance during the incorporation process of the City was to establish , local control and stewardship over development and construction within the City. After incorporation, the City Council was designated as the local planning agency with oversight on all planning and zoning matters within the City's corporate limits. ' A Community Development Department was established staffed by professional planners and support staff. The building plan review and inspection process, as well as engineering services, were privatized in order to more effectively provide services while not committing to long term employee relationships. This partnership has proved successful resulting in significantly improved timeframes for every phase of the development and construction process. The volume of building permits and estimated value of construction for the period after November 1, 1996 when we assumed full responsibility from the County as shown on table 10 of the statistical section, has far exceeded expectations. Local oversight has resulted in further improvements in the type of construction in the City, even further enhancing the City's image as an upscale residential and commercial site. Both residents and developers have benefited from the City's efforts. Facility Acquisition Since the City acquired no land or facilities from Miami-Dade County upon incorporation, a major priority was to acquire adequate land for recreation, police and general government operations. That need was even more pressing since the amount of vacant land appropriate for municipal facilities was decreasing as development continued in the City. The City Council recognized this need and authorized an aggressive search for appropriate sites for the City's first park and one or more sites to house a police facility and government/cultural center. In December 1996, we closed on a parcel for use as our first park and identified a suitable site for the Police Station, Government Center and Cultural Center. As discussed under the title Financing Progress and Debt Administration, the City secured the short term financing to allow acquisition of the land for the Park and land acquisition and design for the Government Center/Police Station/Cultural Center. 1 1 IV L Management Information Systems In order to effectively utilize personnel in all City departments, the need to rely on state of the art computerization has been stressed throughout the City's short history. L During the 1996/97 fiscal year, the City successfully installed a Local Area Network (LAN) at the Government Center and another LAN at the Police Station. The two LAN's are linked to allow communication from site to site. In addition, a central computer system was selected L for use by all departments for accounting, purchasing, payroll/personnel, budgeting, building permits, occupational licenses, code enforcement, planning and zoning, fleet maintenance, work order processing and other general administrative functions. Virtually every City L employee is connected to the central computer system through personal computers linked through the two LAN's. The hardware for the central computer system was installed late in the 1996/97 fiscal year and the software modules will be implemented during the 1997/98 Land 1998/99 fiscal years. A hardware and software system was also selected for use by the Police Department for L dispatching, records, and crime reporting. When completed, this system will include laptop computers to communicate directly from anywhere in the City to the Police central computer. The hardware for this system was also installed late in the 1996/97 fiscal year. L The first modules were implemented prior to September 30, 1997 and the balance are being successfully implemented in the early stages of the 1997/98 fiscal year. L Capital Improvement Program The City's elected officials and professional staff recognized the need for long range planing in addressing the City's infrastructure needs. The development of such a long- range L planning document was especially critical to the City because many needed improvements had been neglected by the County prior to the City's incorporation. Therefore, the City Manager and City Council made the development of the City's first five-year Capital LImprovement Program (CIP) a priority early in the City's existence. During the 1996/97 fiscal year, the City examined its current infrastructure and developed a L plan for future action in order to provide the necessary components for the achievement and maintenance of a desirable, high quality of life in Aventura. The 1997 - 2002 Capital Improvement Program was developed, reviewed and adopted during the 1996/97 fiscal L year. The process included input from elected officials, staff, consultants and citizens on needed improvements in the City. The CIP included a thorough examination of needed capital expenditures, the means and methods of financing and a schedule of priorities for implementation. The CIP identified and prioritized projects with a total cost of nearly $29 million over the five L year period between October 1, 1997 and September 30, 2002. Unlike some Capital Improvement Programs which are only wish lists of what is desired with no real strategy to fund the costs identified, Aventura's was a true financial plan. The CIP included a review of L operating expenses and revenue projections over the five- year period in order to determine the availability of funding and the necessity for debt financing. L V C 1 The CIP was adopted by the City Council in July 1997 and included more than $8 million in beautification and park facilities; $10 million for roadway, drainage and infrastructure, $8 million for public buildings and facilities, $0.7 million for communications and computers and $1.4 million for capital equipment. Some of these programs will require debt financing but none will result in increases in taxes, fees or charges beyond the rates charged by Miami- Dade County prior to the City's incorporation. Financial Information Internal Accounting Control Management of the City is responsible for establishing and maintaining an internal control structure designed to ensure that adequate accounting data are compiled to allow for the preparation of financial statements in conformity with generally accepted accounting principles. The internal control structure is designed to provide reasonable, but not absolute, assurance that these objectives are met. The concept of reasonable assurance recognizes that: (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the valuation of costs and benefits requires estimates and judgments by management. All internal control evaluations occur within the above framework. We believe that the City's 1 internal accounting controls adequately safeguard assets and provide reasonable assurance of proper recording of financial transactions. Budgetary Control In accordance with City Ordinance, appropriations are legally controlled at the Department ' level. Encumbrance accounting, under which purchase orders and other commitments for the expenditure of monies are recorded in the accounting record, was not employed during the period prior to September 30th 1997 but such a system has been implemented 1 beginning in mid October 1997. Overview of Financial Activity This financial report covers the fiscal year which ended on September 30`h, 1997. The City was incorporated in November 1995 and has been in the process of establishing its own revenue producing laws and establishing the backbone for the future development of the various City Departments. Miami-Dade County collected ad valorem taxes as a part of their countywide municipal service district and paid the costs of certain services during the 1995/96 fiscal year. Therefore, neither revenues nor expenditures for 1995/96 are indicative of what can be expected in future years nor are the 1995/96 revenues or expenditures meaningfully compared to 1996/97. 1 1 VI 1 E EGeneral Governmental Functions For the purpose of this section, general governmental functions are defined to include the General, Special Revenue, Capital Projects and Debt Service Funds. The amount of revenue by sources are summarized below: 1996/97 Percentage Revenue Sources Amount of Total Locally Levied Taxes Ad Valorem 5,568,601 42.31% [ Utility Taxes 3,549,376 26.97% Franchise Fees 259 099 1 97% Subtotal-Taxes 9,376,999 71.24% E Licenses & Permits 1,368,022 10.39% Intergovernmental Revenues 1,379,510 10.48% Charges For Services 187,558 1.43% Fines& Forfeitures 42,771 0.32% Impact Fees From Developers 439,572 3.34% Interest Earnings 315,253 2.40% L Other 51 957 0.39% Total 13 161 647 100.00% The amount of operating and capital expenditures by function is as follows: L1996/97 Percentage [� Functions Amount of Total Y General Government City Council 72,976 0.56% L City Manager 364,965 2.81% Finance Support Services 654,516 5.05% Legal 198,307 1.53% LCity Clerk 132 234 1.02% Total General Government 1 422 998 10.97% Public Safety Police 4,660,508 35.93% Community Development 1.213.989 9.36% Total Public Safety 5 874 497 45 29% Community Services 1,741,026 13.42% Non Departmental 3,819,106 29.45% Debt Service 111.955 0 86% Total Operating & Capital Expenditures 12.969 582 100.00% I I VII r L 1 Fund Balances Fund balance represents the accumulation of resources from prior years to fund future year's budgets and for use as a reserve for unexpected events in the future. The fund balance at September 30, 1997 for the General Fund is $5,625,458, representing approximately 31% of the 1997/98 budget. A major portion of this amount ($3.182 million) is used to fund a capital reserve account in the 1997/98 budget. The capital reserve account may be allocated by the City Council to fund budget needs in the 1997/98 or later fiscal years. The fund balances in each special revenue, debt service and capital projects fund are designated for use for the specific legal purposes of each fund. Retirement Programs ' The City contributes to three defined contribution pension plans based on employee classification created in accordance with Internal Revenue Code Section 401 (a). The plans currently cover all full-time employees of the City. Under these plans, the City contributes between 12 and 18% of each employee's salary, depending on the employee classification. There are no employee contributions. Employer contributions, excluding rollovers, for fiscal year ended September 30th, 1997 were $249,030. A defined contribution pension plan provides pension benefits in return for services rendered, provides an individual account for each participant and specifies how contributions to the individual's account are to be determined instead of specifying the amount of benefits the individual is to receive. Under a defined contribution pension plan, the benefits a participant will receive depends solely on the amount contributed to the participants account, the returns earned on investments on those contributions, and forfeitures of other participant's benefits that may be allocated to such participant's account. i In order to encourage employees to supplement the defined contribution plan, the ICMA deferred compensation program is also available to all full-time employees. Under this program, employees may voluntarily elect to defer a portion of their salary to future years. The assets, liabilities, and transactions of the deferred compensation plan and defined contribution plan are included in the financial statements as agency funds. 1 Financing Programs and Debt Administration The City's only outstanding debt at September 30, 1997 was a line of credit with a local i bank. On December 20th, 1996, the City entered into a non-revolving line of credit agreement with ' a bank, not to exceed $10 million for the purpose of acquiring sites, constructing and equipping certain capital improvements. The line of credit expires on December 30th, 1999. The line of credit carries an interest rate of 4.58% and requires only interest payments each year until December 30, 1999. On December 30th, 1996, the City drew $3.2 million against the line to acquire land to be used as a site for a park. In January 1998, the City drew $2.8 million on the line of credit to acquire the second parcel of land which will be used for a government center, police station and cultural center. VIII L General Fixed Assets Account Grouo The general fixed assets for the City are those assets used in the performance of general government functions. In accordance with generally accepted accounting principles for local governments, the City does not record depreciation on general fixed assets nor does it record infrastructure assets such as roads, bridges, curbs and gutters, streets and sidewalks, drainage systems, and similar assets that are immovable and of value only to the City. Assets are recorded at cost; donations, if any, will be recorded at fair market value at the date of receipt. As of September 30th, 1997 the cost of general fixed assets totaled $5,420,913. Cash Management All funds are centrally managed through the use of a pooled cash account. During the period of the report, all funds were held in an interest bearing checking account collateralized through the State Treasury Public Depository program or with the Florida State Board of Administration (SBA) investment pool. Both the checking account and SBA investment pool are fully insured and immediately available and considered as cash and cash equivalents. The total portfolio ranged from $1.0 million to $8.9 million during the year. The portfolio averaged approximately $5.9 million with interest earnings of approximately $315,000 resulting from an average return of 5.3%. Risk Management The City is insured with the Florida Municipal Insurance Trust for liability, property and workers compensation coverage. The liability limit under the policy is $5,000,000. OTHER INFORMATION Independent Audit In accordance with Section 11.45(3)(a)(4), Florida Statutes, and Article I, Section 4.11 of the E City Charter, the City engaged the firm of Rachlin Cohen & Holtz, Certified Public Accountants, to perform the independent audit of the City's accounts and records. The r independent auditor's reports are included in the Financial and Compliance sections. Certificate of Achievement The Government Finance Officers Association of the United States and Canada (GFOA) E awarded a Certificate of Achievement for Excellence in Financial Reporting to the City of 1� Aventura for its comprehensive annual financial report (CAFR) for the fiscal year ended September 30th, 1996. The Certificate of Achievement is a prestigious national award recognizing conformance with the highest standards for preparation of a state and local government financial reports. In order to be awarded a Certificate of Achievement, a government unit must publish an easily readable and efficiently organized comprehensive annual financial report, whose contents conform to program standards. The CAFR must satisfy both generally accepted accounting principles and applicable legal requirements. L IX L 1 A Certificate of Achievement is valid for a period of one year only. We believe our current report continues to conform to the Certificate of Achievement program requirements, and we are submitting it to GFOA. ' Acknowledgements The preparation of this report on a timely basis could not have been accomplished without the efficient and dedicated services of the entire staff of the Finance Support Services Department. We express our appreciation to all members of the Department who assisted and contributed to its preparation. We also wish to thank the Mayor and City Councilmembers for their interest and support in planning and conducting the financial operations of the City in a responsible and progressive manner. Respectfully Submitted, t , HARRY M. KILGORE, C.P.A. ERIC M. SOROgir Finance Support Services Director City Manager HMKlmn • 1 1 1 1 1 1 1 X 1 C City OF Aventura, Florida CITY OFFICIALS SEPTEMBER 30, 1997 L CITY COMMISSION Arthur I. Snyder - Mayor Jay R. Beskin - Vice Mayor Arthur Berger Ken Cohen Harry Holzberg Jeffrey M. Perlow Patricia Rogers-Libert Y CITY MANAGER Eric M. Soroka DEPARTMENT DIRECTORS Harry M. Kilgore, Director Finance Support Services Robert M. Sherman, Director Community Services Jaye M. Epstein, Director Community Development Teresa M. Smith, City Clerk Thomas E. Ribel, Chief of Police C CITY ATTORNEYS Weiss, Serota & Helfman, P.A. CITY AUDITORS Rachlin Cohen & Holtz Certified Public Accountants C XI • 1 • • Organization Chart CITY OF AVENTURA Residents — City Council• 1 City Attorney City Manager City Clerk Legal Services Administration Minutes ' Budget Preparation Records Retention Customer Service Clerical Support Community ,• Finance/Support Community - DevelopmentServices Services Public SafetyAK Department Department Department Department Police Planning Finance/Accounting Community Facilities 1 Patrol Zoning Purchasing Parks/Beautification Community Relations Building Inspections Risk Management ROW/Median Maint. • Criminal investigations Code Enforcement Information Management Public Works Traffic Enforcement Economic Development Personnel Mass Transit Emergency Preparedness Occupational Licenses Special Events Fire/Rescue Recreation/Cultural 1 t 1 1 XII • 1 L C Certificate of Achievement for Excellence in Financial Reporting Presented to City of Aventura, Florida EFor its Comprehensive Annual Financial Report for the Fiscal Year Ended September 30, 1996 A Certificate of Achievement for Excellence in Financial Reporting is presented by the Government Finance Officers Association of the United States and Canada to government units and public employee retirement systems whose comprehensive annual financial reports (CAFRs) achieve the highest standards in government accounting and financial reporting. 1/41E OFP% a eww g pr,./c.gePresident .ft� T+'m�reFu• EExecutive Director I OM M - - s M MN a a a I a e _ ® a a N a 0 E • ' CERTIFIED PUBLIC ACCOUNTANTS&CONSUIIANIS â– â– â–  A Partnership Including Professional Associations �j REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS Honorable Mayor,City Council and City Manager City of Aventura,Florida We have audited the general purpose financial statements of the City of Aventura, Florida (the City) as of September 30, 1997 and for the year then ended as listed in the table of contents. These general purpose financial statements are the responsibility of the City's management. Our responsibility is to express an opinion on these general purpose financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards and the standards applicable for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. �r In our opinion, the general purpose financial statements referred to above present fairly, in all material respects, fâ–  the financial position of the City at September 30, 1997 and the results of its operations for the year then ended in conformity with generally accepted accounting principles. In accordance with Government Auditing Standards, we have also issued a report dated January 14, 1998, on our consideration of the City's internal control over financing reporting and our tests of its compliance with certain provisions of laws,regulations, contracts and grants. Our audit was conducted for the purpose of forming an opinion on the general purpose financial statements taken as a whole. The combining, individual fund and account group statements and schedules as listed in the table of contents are presented for purposes of additional analysis and are not a required part of the general purpose financial statements of the City. Such information has been subjected to the auditing procedures applied in the audit of the general purpose financial statements and, in our opinion, is fairly presented in all material respects in relation to the general purpose financial statements taken as a whole. The information shown in the statistical section listed in the table of contents has not been subjected to the auditing L procedures applied in the audit of the general purpose financial statements and,accordingly,we express no opinion thereon. Miami,Florida January 14, 1998 I lome rage: hitp wwurchcpa coin One Southeast Third Avenue.Tenth Flair,Miami,Florida 33131 •Dade L30511/7-4228• Fax 0051 377-8331 700 Southeast Third Avenue,Third Floor Ft Lauderdale,Florida 1131h •Browdrd(954)525.1040•Fax(954)525-2004 et.mr ele n Ten'edtvo i.. ,'EC co.,t L I E E E L L E GENERAL PURPOSE FINANCIAL STATEMENTS (Combined Statements - Overview) C E I L L E L r n !A PM n fl fl rA n 'A .-, P", fl n rig Ir", n rn n Crry OF AvEN I URA,FLORIDA COMBINED BALANCE SI IIS, ALL FUND TYPES AND ACCOUNT OROL PS SEPTEMBER 30.190, Gosernmental Fiduciary Account Fund Types Fund Types Groups General General Totals Special Debt Capital Agency Fixed long-Term (Memorandum General Revenue Sen ice Projects Funds Assets Debt Only] ASSETS ANI)UI TIER DEBITS Ass C ash and tush equivalents $5.893.331 $ 470.678 S 226.690 $ 103,468 $ - $ - S - S 6,694,176 In-estments.at fair value - - - - 1619.382 - - 1.619,382 Accounts receivable 339.205 - - - - 339,205 Due from special raven tie fund 12657 - - - - - - 12,657 Due from other governments 22409 33.463 - - - - - 250,872 Prepaid costs 28.172 - - - . - - 28,172 Fixed assets - - - - - 5,420,913 - 5,420.913 Other debits. Amount available in debt service fund - - - - - - 189,245 189.245 Amount to be provided fur retirement of general long-term obligations - - - - - - 3086925 3,086.925 Total assets and other debils S 6.190.774 $ 504.141 5 226,699 S 103468 S 1.619.382 $ 5,420,913 S 1276.170 $ 17,641547 IIABILITIES.FQ111 Y AND DIRER CREDITS liabilities, Accounts payable S 572,652 $ 10,249 S - S - $ - $ - S - S 582,901 Accrued liabilities 197,622 37,454 . - - - 235,076 Due to general fund - 12,657 - - - - - 12,657 Deferred revenue 95.042 - - - - - 95,042 Deferred benefits payable - - 1.619.382 - - 1619,382 Compensated absences payable - - - - 76,170 76,170 l�c ofcreddit obligation pavable - - - - 3,200 000 3,200,000 Total liabilities 865316 22,906 37,454 - 1,619,382 326 170170 5,821,228 Fquiry and other credits. Investment in general fixed assets - - - - 5.420,913 - 5420.913 Fund balance. Reserved for. Prepaid costs 28,172 - - - - - _ 28.1"2 Debt service - 189,245 - - - - 189,245 Unreserved Designated los police n rvedDesignatedforpolice - 200,616 - • - - - 200,616 Designated for street maintenance - 20,806 - _ - - 20,806 Designated for park development - 259,813 - - - - 259.813 Designated for capital outlay - - 103,468 - - - 103,468 Designated for subsequent years appropriations 5,597 286 - - - - 5597,286 Total equity and other credits 5,625458 481235 189,245 103,468 5,420913 - 11,820,319 Total liabilitiesequity and other credits S 6.490,774 S 51)4,141 S 226,699 4 103,468 51619,382 S 5,420,913 53,276,170 $ 17.641,547 See notes to general purpose financial aumaIuit. 9 I CITY OF AVENTURA,FLORIDA COMBINED STATEMENT OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCES ' ALL GOVERNMENTAL FUND TYPES FISCAL YEAR ENDED SEPTEMBER 30, 1997 ' • Totals ' Special Debt Capital (Memorandum General Revenue Service Projects Only) Revenues: ' Taxes $ 9,085,686 $ - $ 291,313 $ - $ 9,376,999 Intergovernmental revenues 1,030,154 349,356 - - 1,379,510 Licenses and permits 1,368,022 - - - 1,368,022 1 Charges for services 187,558 - - - 187,558 • • Fines and forfeitures 29,757 13,014 - - 42,771 Police impact fees - 182,731 - - 182,731 Recreation impact fees - 256,841 - - 256,841 Interest 279,893 7,843 9,887 17,630 315,253 Miscellaneous 51 957 - - - 51,957 ' Total revenues 12,033.027 809,785 301 200 17 630 13,161,642 Expenditures Current: ' General government 1,122,984 - - - 1,122,984 Public safety 4,377,974 - - - 4,377,974 Community services 1,589,624 - - - 1.589,624 ' Non-departmental 465,192 - - - 465,192 ' Capital outlay 2,187,691 - - 3,114,162 5,301,853 Debt service: ' Interest - - 111955 - 111,955 • • Total expenditures 9,743,465 - 111,955 3,114,162 12969,582 Excess(deficiency)of revenues over expenditures 2 289 562 809,785 189,245 (3,096,532) 192,060 Other financing sources(uses): Operating transfers in (out) 354,353 (354,353) - - - ' Proceeds from line of credit - - - 3,200,000 3,200,000 Total other financing sources(uses) 354353 (354,353) - 3,200.000 3,200,000 Excess of revenues over expenditures andI • other financing sources(uses) 2,643,915 455,432 189,245 103,468 3,392,060 Fund balances,beginning 2,981,543 25,803 - - 3,007,346 ' Fund balances,ending S 5,625,458 $ 481,235 $ 189,245 $ 103,468 $ 6,399,406 I I 1 See notes to general purpose financial statements. ' r"- r1 r, e-+ r^. tris !^Il rig el Win re n n n n r . re n e^. CITY OF AV ENTLRA,FLORIDA STA FI1IFNT OF REVENUES.EXPENDITURES AND('MANGES IN FUND BALANCES-BUDGET AND ACTUAL- ALE BUDGETED GOVERNMEN'FAL FUND TYPES FISCAL YEAR FNDFD SEPTEMBER 30.1097 Annually Budgeted General Fund Special Revenue Funds Debt Service Fund Capital Projects Fund Vanance Vanancc Vanance Variance Favorable Favorable Favorable Favorable Budget Actual (Unfavorable) Budget Actual (Unfavorable) Budget Actual (Unfavorable) Budget Actual (Unfavorable) Rea agues Taxes $ 8,302,545 $ 9,085,686 $ 783,141 S - $ - S - S 1,000,000 S 291,313 $ (708,687) S - $ . S - Intergovemmental revenues 1,009396 1,030,154 20,758 332,000 349,356 17,356 - - - - - Licensesandpermits 1.270-000 1,368,022 98,022 - - - - - - - - ('barges for sen ices 25.000 187,558 162,558 - - - - - - -Fines and Forfeitures 36,000 29,757 (6,243) 1,000 1,068 68 - - - - - Police impact fees - - - 130,000 182,731 52,731 - - - - - - Recreation impact fees - - - 5,000 256,841 251,841 - - - - - - Interest 75,000 279,893 204,893 - - - - - - - - - Miscellaneous - 51957 51.957 3.0007728 4.728 4000 X9887 5,887 150,000 17,630 (132,370) Total revenues 10,717941 12033,027 1315,086 471.000 797,724 326,724 1.004.000 301.200 (702,800) 150000 17,630 (132,370) I-xpendltures. ('u ent: General go'eminent 1,546,752 1.422,998 123.754 - - - - - - - - - Publicsafety 6,133,982 5,874,497 259,485 131,000 - 131,000 - - - - - Community sen ices 3,784,211 1,741,026 2,043,185 5,000 - 5,000 - - - - Non-departmental 2,514,349 704,944 1,809,405 - - - - - . 10,000.000 3,114,162 6,885,838 Debt service- Principal - - - - - - 554,000 - 554,000 . - Interest - - - - - - 450,000 111,955 338,045 . _Total expenditures 13,979,294 9-743,465 4235.829 136.000 - 136,000 1,004,000111955 892,045 10,000000 3,114,162 6,885,838 Excess(deficiency)of revenues over expenditures (3,261,3531 2,289,562 5,550,915 335000797724 462,724 - 189,245 189,245 (9.850,0001 (3,0965321 6,753,468 Other financing sources(uses). Operating transfers in(out) 354,353 354.353 (354,3531 (354.353) - - - - Proceedsfromlineofcredio - - - - - - 9%50,000 3,200.000 (6,650,000) Appropriated fund balance 2,907000 - (2,907,000) 19353 - (19,353) - - - - - Total other Iinanctng sources Uses) 3261353 354,353 (2,907,000) (335,000) (354353) 119,353) - - - 9,850,000 3.200-000 (6,650.000) Excess of res enues over expenditures and other financing sources(uses) - 2,643,915 2.643915 - 443371 443,371 - 189,245 189,245 - 103,468 103,468 Fund balances,beginning - 2,981.543 2,981543 - 25 803 25,803 - - - - - - Fund balancesendingS - 5 5,625,458 S 5,625,458 S - $ 469-174 $ 469,174 S - $ 189,245 $ 189,245 $ - S 103,468 $ 103,468 See notes to gin crnl purpose financial statements -4- NM a a a a a a a a ME a a a â– s a — a NM a a < 3-‘. * i= r/ o1) ♦ 1) � EI art ME047: t * ° I L I C E L L L NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS C L C C I I C C L CITY OF AVENTURA, FLORIDA NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS R SEPTEMBER 30, 1997 NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The City of Aventura, Florida (the City) was incorporated on November 7, 1995. The City operates under a Council-Manager form of government and provides the following services as authorized by its charter: public safety, highways and streets, culture and recreation, public works and stornwater management. The general purpose financial statements of the City have been prepared in conformity with generally accepted accounting principles (GAAP) as applied to governmental units. The Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. The more significant of the City's accounting policies are described below. 1. Financial Reporting Entity The financial statements were prepared in accordance with Statement No. 14, The Financial Reporting Entity, which establishes standards for defining and reporting on the financial reporting entity. The definition of the financial reporting entity is based upon the concept that elected officials are accountable to their constituents for their actions. One of the objectives of financial reporting is to provide users of financial statements with a basis for assessing the accountability of the elected officials. The financial reporting entity consists of the pnmary government, organizations for which the primary government is financially accountable,and other organizations for which the nature and significance of their relationship with the primary government are such that exclusion would cause the reporting entity's financial statements to be misleading or incomplete. The City is financially accountable for a component unit if it appoints a voting majority of the organization's governing board and it is able to impose its will on that organization or there is a potential for the organization to provide specific financial benefits to, or impose specific financial burdens on,the City. Based upon the application of these criteria, there were no Lorganizations that met the criteria described above. p 2. Measurement Focus,Basis of Accounting and Basis of Presentation ` The accounts of the City are organized and operated on the basis of funds and account groups. A â–  fund is an independent fiscal and accounting entity with a self-balancing set of accounts. Fund accounting segregates funds according to their intended purpose and is used to aid management in demonstrating compliance with finance-related legal and contractual provisions. The minimum number of funds are maintained consistent with legal and managerial requirements. Account groups are a reporting device to account for certain assets and liabilities of the governmental funds not recorded directly in those funds. r The City has the following fund types and account groups: GOVERNMENTAL FUND TYPES Governmental fund types are used to account for the City's general government activities. Governmental fund types use the flow of current financial resources measurement focus and the modified accrual basis of accounting. Under the modified accrual basis of accounting revenues are recognized when susceptible to accrual (i.e., when they are measurable and [ available). Measurable means the amount of the transaction can be determined and available means collectible within the current period or soon enough thereafter to pay liabilities of the current period. The City considers revenues available if they are collected within 30 days after year end. Expenditures are recorded when the related fund liability is incurred. -5- 1 CITY OF AVENTURA,FLORIDA NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS (Continued) NOTE I. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) 2. Measurement Focus, Basis of Accounting and Basis of Presentation(Continued) Taxes, intergovernmental revenues, and interest are susceptible to accrual. Sales taxes ' collected and held by the state at year end on behalf of the government are also recognized as revenue. Other receipts and fees become measurable and available when cash is received by the City and are recognized as revenue at that time. The following are the City's governmental fund types: The general fund is the City's primary operating fund. It accounts for all financial resources of the general government, except those required to be accounted for in another fund. The special revenue funds are used to account for revenues from specific taxes or other revenue sources which are designated to finance particular functions or activities in accordance with administrative requirements. The City maintains five special revenue funds; the Police Education Fund, Street Maintenance Fund, Police Capital Outlay Impact Fee Fund, Park Development Fund, and Police Forfeiture Fund. The debt service fund accounts for the servicing of general long-term debt and other long- term obligations. ' The capital projects fund accounts for the acquisition of fixed assets or construction of major capital projects. I FIDUCIARY FUND TYPES Fiduciary fund types, which includes the agency funds, account for assets held by the City as an agent on behalf of others. The agency funds are custodial in nature (assets equal liabilities) and do not present • results of operations or have a measurement focus. Agency funds are accounted for on the • modified accrual basis of accounting. These funds are used to account for assets that the City holds for others in an agency capacity. • ACCOUNT GROUPS• • The general fixed assets account group is used to account for fixed assets of the general government. The general long-term debt account group is used to account for the principal amounts of all general long-term indebtedness of the City and the applicable long-term portion of accumulated unpaid vacation and sick pay benefits. � -G CITY OF AVENTURA,FLORIDA NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS (Continued) C NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES(Continued) 3. Fixed Assets General fixed assets are not capitalized in the funds used to acquire or construct them. Instead, capital acquisition and construction are reflected as expenditures in governmental funds, and the related assets are reported in the general fixed assets account group. All purchased fixed assets are valued at cost. p The costs of normal maintenance and repairs that do not add to the value of the asset or NF1 materially extend asset lives are not capitalized. p Public domain (infrastructure) general fixed assets consisting of streets, bridges, curbs and fi gutters, sidewalks, drainage systems and lighting systems are not capitalized, as these assets are immovable and of value only to the City. 4. Compensated Absences City employees are granted vacation and sick leave in varying amounts based on length of service. Amounts not expected to be liquidated with expendable available financial resources are reported in the general long-term debt account group. The City's sick leave policy is to permit employees to accumulate earned but unused sick pay benefits. Upon termination, sick pay is paid out between 10-50%based on length of service. The City's vacation policy is that earned vacation is cumulative although limited to certain �r maximums based on length of service. F 5. Deposits and Investments Y The City maintains a pooled cash account for all funds except the 401(a) plan funds and the deferred compensation fund. This enables the City to invest large amounts of idle cash for short periods of time and to optimize earnings potential. Cash and cash equivalents represents the amount owned by each fund of the City. Investments held in the City's 401(a) plan funds and deferred compensation agency fund are managed by trustees. Such amounts are reported separately on the Combined Balance Sheet - All Fund Types and Account Groups. The City's investments in the 401(a) plan fund and the deferred compensation agency fund are reported at fair value. There are no investments in any other funds. Cash and cash equivalents, which are cash and short-term investments with maturities of three months or less, include cash on hand, demand deposits, and investments with the State Board of Administration Investment Pool, 1 -7- • CITY OF AVENTURA,FLORIDA • NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS (Continued) NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES(Continued) 6. Deferred Revenue • Revenues collected in advance are deferred and recognized as income in the period earned. Deferred revenue consists of prepaid occupational licenses. • 7. Long-Term Obligations The City reports long-term debt of governmental funds at face value in the general long-term• debt account group. Certain other governmental fund obligations not expected to he financed with current available financial resources are also reported in the general long-term debt account group. ' 8. Fund Equity Reservations of fund balance represent amounts that are not appropriable or are legally , segregated for a specific purpose. Designations of fund balance represent tentative management plans that are subject to change.• 9. Property Taxes Property taxes are assessed as of January 1 each year and are first billed (levied) and due the following November I. Under Florida law, the assessment of all properties and the collection of all county, municipal, school hoard and special district property taxes are consolidated in the offices of the County Property Appraiser and County Tax Collector. The laws for the State regulating tax assessments are also designed to assure a consistent property valuation method statewide. State statutes permit municipalities to levy property taxes at a rate of up to 10 mills ($10 per $1,000 of assessed taxable valuation). The millage rate assessed by the City for the year ended September 30, 1997 was 2.227 mills. • • The tax levy of the City is established by the City Council prior to October I of each year, and the County Property Appraiser incorporates the millage into the total tax levy, which ' includes Miami-Dade County, Dade County School Board and special taxing districts. All property is reassessed according to its fair market value as of January 1 of each year. Each assessment roll is submitted to the Executive Director of the State Department of • Revenue for review to determine if the rolls meet all of the appropriate requirements of State Statutes.• i i L CITY OF AVENTURA,FLORIDA NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS (Continued) C NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) 9. Property Taxes(Continued) All real and tangible personal property taxes are due and payable on November I each year or as soon as practicable thereafter as the assessment roll is certified by the County Property Appraiser. Miami-Dade County mails to each property owner on the assessment roll a notice of the taxes due and Miami-Dade County also collects the taxes for the City. Taxes may be paid upon receipt of such notice from Miami-Dade County, with discounts at the rate of four percent (4%) if paid in the month of November, three percent (3%) if paid in the month of December, two percent(2%) if paid in the month of January and one percent (1%) if paid in the month of February. Taxes paid during the month of March are without discount, and all unpaid taxes on real and tangible personal property become delinquent and liens are placed L on April 1 of the year following the year in which taxes were assessed. Procedures for the collection of delinquent taxes by Miami-Dade County are provided for in the laws of Florida. There were no material delinquent property taxes at September 30, 1997. 10. Budgets and Budgetary Accounting An annual appropriated budget is adopted for all governmental funds with the exception of the Police Forfeiture Fund (Special Revenue Fund). The budget allocations among the various organizational units is included in the Combined Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual. The City follows these procedures in establishing the budgetary data reflected in the financial statements. (a) The City Manager submits to the Council a proposed operating and capital budget for the ensuing fiscal year. The budget includes proposed expenditures and the means of p financing them. �!•r (h) Public hearings are conducted to obtain taxpayer comments. C (c) Prior to October 1, the budget is legally enacted through passage of an ordinance. â–  (d) Formal budgetary integration is employed as a management control device during the year for the governmental funds described above. (e) The City Council, by ordinance, may make supplemental appropriations for the year up to the amount of revenues in excess of those estimated. Budgeted amounts are as originally adopted or as amended. The City Council made several supplementary budgetary appropriations throughout the year including approximately $4.8 million in the general fund and $489,000 in the special revenue funds. The supplemental appropriations in the general fund and special revenue funds were primarily capital outlay related expenditures for various City beautification projects. Additional appropriations in the general fund consisted of those for the acquisition of computer equipment, professional services, and personnel related expenditures. The City Council also appropriated an operating transfer in a special revenue fund of approximately $354,000 to the general fund for the reimbursement of expenditures made by the general fund on behalf of the street maintenance fund. -9- 1 CITY OF AVENTURA,FLORIDA NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS (Continued) 1 NOTE 1. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES(Continued)• , 10. Budgets and Budgetary Accounting(Continued) (f) Budgets for the governmental funds are adopted on a basis consistent with generally accounting principles (GAAP). (g) The City Manager is authorized to transfer part or all of an unencumbered appropriation balance within departments within a fund; however, any revisions that alter the total appropriations of any department or fund must be approved by the City Council. The classification detail at which expenditures may not legally exceed appropriations is at the department level. (h) Unencumbered appropriations lapse at fiscal year end. Unencumbered amounts are reappropriated in the following year's budget. The City did not use encumbrance accounting for the fiscal year ended September 30, 1997. 11. Budget-GAAP Reconciliation The following schedule reconciles the special revenue fund balance in the Combined Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual to the special revenue fund balance in the Combined Statement of Revenues, Expenditures and Changes in Fund Balance:• Fund balances(budgetary basis) $469,174 Non-budgeted special revenue fund (Police Forfeiture Fund) 12061 Fund balances(GAAP) $481235 12. Use of Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the amounts reported in the financial statements and accompanying notes. Although these estimates are based on management's knowledge of current events and actions it may undertake in the future, they may ultimately differ from actual results. • 13. Interfund Receivables and Payables Transactions between funds that are representative of lending/borrowing arrangements outstanding at fiscal year end are reported as `Due from/to other funds". 14. Memorandum Only-Total Columns Total columns on the general purpose financial statements are captioned as "memorandum only"because they do not represent consolidated financial information and are presented only to facilitate financial analysis. The columns do not present information that reflects financial position, results of operations or cash flows in accordance with generally accepted accounting principles. Interfund eliminations have not been made in the aggregation of this data. • -10- CITY OF AVENTURA,FLORIDA {L i NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS (Continued) L INOTE 2. DEPOSITS AND INVESTMENTS In addition to insurance provided by the Federal Depository Insurance Corporation, all deposits R are held in banking institutions approved by the State Treasurer of the State of Florida to hold @\ public funds. Under Florida Statutes Chapter 280, Florida Security for Public Deposits Act, the State Treasurer requires all Florida qualified public depositories to deposit with the Treasurer or another banking institution eligible collateral equal to 50% to 125% of the average daily balance for each month of all public deposits in excess of any applicable deposit insurance held. The percentage of eligible collateral (generally in the form of U.S. Government and agency securities, state or local government debt, or corporate bonds) to public deposits is dependent L upon the depository's financial history and its compliance with Chapter 280. In the event of a failure of a qualified public depository, the remaining public depositories would be responsible for covering any resulting losses. The investment at the State Board of Administration t investment pool is not subject to risk categorization. Accordingly, all amounts reported as cash and cash equivalents are deemed as insured and are, therefore, not subject to classification by credit risk category under the provisions of GASB Statement No.3. ILCity administration is authorized to invest in those instruments authorized by the Florida statutes. The investments of the deferred compensation plan and defined contribution plans are not subject to risk categorization. The carrying value and fair value of those investments total $1,619,382 as of September 30, 1997. â–  NOTE 3. FIXED ASSETS Changes in general fixed assets during the year were as follows: CBalance Balance September 30, September 30, L1996 Additions Deletions 1997 Land $165,500 S3,134,345 $ - $3,299,845 Equipment 134603 1,986,465 - 2.121.068 Total $300 103 $5.120.810 $ $5,420,913 E Depreciation is not required and has not been provided on general fixed assets. Y NOTE 4. LONG-TERM DEBT IChanges in long-term debt during the year were as follows: p Balance Balance !â–  September 30, September 30, 1996Additions Reductions 1997 CLine of credit $ - 53,200,000 $ - $3,200,000 Compensated absences payable 6 876 69,294 - 76,170 $ 6,876 $3.269.294 $ - $3,276,170 1 CITY OF AVENTURA,FLORIDA NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS (Continued) • NOTE 4. LONG-TERM DEBT(Continued) • On December 20, 1996, the City entered into a three year non-revolving line of credit agreement, • with a bank, to be used for public parks and recreation, the acquisition of real property, and the building of a police station and government center. The line which calls for semi-annual interest payments at 4.58%with the principal due at the end of the three years is collateralized by pledged utility taxes. As of September 30, 1997,the line of credit had draws outstanding of$3.2 million. On January 20, 1998, the City drew down an additional $2.8 million on the line of credit. The • proceeds were used to purchase a second parcel of land to be used for the building of the government center. • • • NOTE 5. COMMITMENTS AND CONTINGENCIES• , Interlocal Agreement During fiscal year ended September 30, 1996, the City and Metropolitan Dade County, now • called Miami-Dade County (the County), entered into an interlocal agreement to stipulate service levels and costs of municipal services to be provided to the City by the County from 1 November 7, 1995 through September 30, 1996 (the interim period) and from October 1, 1996 through March 31, 1997 (the transition period),or as may be extended by the provisions of the interlocal agreement. The services provided included police, planning, parks and recreation, public works, stormwater management, solid waste collection, code enforcement, and building and zoning services. • The County acknowledged that the residents, property owners and businesses of the City paid • the County ad valorem taxes and other fees during the interim period. In consideration of the receipt of taxes and fees for the interim period, the County provided the municipal services described above through September 30, 1996. During the fiscal year ended September 30, 1997, the City collected ad valorem taxes as described in the summary of significant accounting policies. ' • In addition, the interlocal agreement acknowledged that the City was entitled to receive utility tax revenues commencing on November 7, 1995. Due to the time required to adjust the accounting systems of the utility and franchise fee collectors, the collectors remitted the amounts due the City to the County for a significant portion of the period after November 7, • 1995. The interlocal agreement required that the County and City estimate the amount of utility taxes collected by the County on the City's behalf and to pay that amount to the City. During fiscal year ended September 30, 1997, the County paid the City $1,750,524 representing utility taxes and cable franchise fees for the period from the date of incorporation. 'This amount was included in revenues and as a receivable from other governments at September 30, 1996. The City entered into agreements with various providers which enable the City to collect utility taxes and/or franchise fees directly from the providers for electric, telecommunications, gas, sanitation, water, cable and other miscellaneous services provided within the City limits. -12- L CITY OF AVENTURA,FLORIDA NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS (Continued) E NOTE 5. COMMITMENTS AND CONTINGENCIES(Continued) Interlocal Agreement (Continued) The interlocal agreement also provided a fee schedule for services for the transition period after October 1, 1996 as shown below. Also indicated below is the transition date �n representing the date the City began providing the municipal service. In accordance with the Iâ–  interlocal agreement, the City notified the County prior to commencing services. Service Monthly Cost Transition Date Police $216,000 April 1, 1997 Public works $ 5,000 April I, 1997 Planning, building and zoning County keeps fees imposed November I, 1996 Stormwater management County keeps fees until transition takes place April I, 1997 The agreement also stipulated that the County was required to transfer to the City all park and police impact fees which were collected within the corporate limits of the City after 1 November 8, 1995. Such fees were collected during fiscal year 1997. Subsequent to year end, the City received approximately $256,000 from the Department of Environmental Resource Management in connection with stormwater fees from the period April 1, 1997 to December 31, 1997. LFranchise Fees In June 1997, the City entered into an Interlocal Agreement with the County whereby the County agreed to pay the City all fees to be received by the County from Florida Power & Light (FP&L) on July I, 1999 and on each July 1, thereafter for FP&L connections within the City limits. Additionally, the County will pay the City 50% of the July 1, 1998 payment it receives from FP&I, for City connections. All payments to the City will be made within 45 days of the County's receipt of the City's fees from FP&L. Pursuant to the agreement, the City waived its rights to fees collected by the County between November 5, 1995 and July 1, 1999. Other Agreements In September 1996, the City entered into a non-exclusive agreement with an engineering consulting firm (Consultants) to provide building inspections and plan review professional consultant services beginning November I, 1996. Pursuant to the terms of the agreement, the City agreed to pay the Consultants 70% of the gross building fees on a monthly basis. The agreement continues through January 31, 1998 and may be extended upon mutual consent of both parties. 13- CITY OF AVENTURA,FLORIDA NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS (Continued) NOTE 5. COMMITMENTS AND CONTINGENCIES(Continued) Lease Commitments On May 28, 1996, the City entered into a non-cancelable operating lease for office space. ' The annual base rent is$212,000 for a term of 42 months. • On November 26, 1996, the City entered into a non-cancelable operating lease for its police• , • headquarters. The annual base rent is$112,000 for a term of 27 months. On January 30, 1997, the City entered into a 24 month non-cancelable lease for four police motorcycles at $1,400 per month. In addition, the City is the lessee in several other leases • including those for office equipment, police cars, and public safety equipment. These leases have various terms with expiration dates through fiscal year 2001. • •• The future minimum lease payments are as follows: Fiscal Year Ending September 30: • 1998 $382,000 1999 225,000 • 2000 11,000 2001 8 000 $626 000 ' Lease expense for the fiscal year ended September 30, 1997 was approximately$329,000. NOTE 6. RISK MANAGEMENT The City is exposed to various risks of loss related to torts, theft of, damage to and destruction of • assets, errors and omissions and natural disasters for which the City carries commercial insurance. The amount of settlements for the fiscal year 1997 and the period November 7, 1995 through September 30, 1996 did not exceed insurance coverage. In addition, there were no reductions in insurance coverage from the prior year. • 1 NOTE 7. EMPLOYEE BENEFIT PLANS Deferred Compensation Plan , The City maintains a deferred compensation plan for its employees in accordance with Internal Revenue Code Section 457. The plan is voluntary and the City does not contribute. Employees may elect to defer a portion of their salary until future years. Deferred compensation deposits are made into the employees' accounts through payroll deductions before income taxes are withheld. The deferred compensation is not available to employees until termination, retirement, death or unforeseeable emergency. -14- 1 L CITY OF AVENTURA,FLORIDA NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS (Continued) C NOTE 7. EMPLOYEE BENEFIT PLANS (Continued) Deferred Compensation Plan (Continued) All amounts of compensation deferred under the plan, all property and rights purchased with those amounts, and all income attributable to those amounts, property or rights (until paid or made available to the employee or beneficiary) are solely the property and rights of the City, subject only to the claims of the City's general creditors. Participants' rights under the plan are equal to those of general creditors of the City in an amount equal to the fair market value of the deferred account of each participant. It is the opinion of the City that it has no liability for losses under the plan but does have the duty of due care that would be required of an ordinary prudent investor. The City believes that it is unlikely that it will use plan assets to satisfy claims of general creditors in the future. Defined Contribution Pension Plans Plan Description LThe City of Aventura is a single employer that contributes to three defined contribution pension plans based on employee classification created in accordance with Internal Revenue Code Section 401(a). The plans currently cover all full-time employees of the City. Under these plans,the City contributes between 12-18% depending on the employee classification. City contributions to the City Manager, Department Directors and Assistant Department Directors vest in the year they are contributed. City contributions to general employees vest beginning after three years of service through year seven in 20% increments. Participants are not permitted to make contributions during the year. The City made contributions to the Plans of approximately $249,000 during the fiscal year. Plan provisions and contribution requirements may be amended by the City Council. ` Significant Accounting Policies Basis of Accounting The plan's net assets are administered by ICMA Retirement Corp. Participants receive monthly statements and the City records the value of the assets and a corresponding liability. City contributions are accounted for in the general fund. Method Used to Value Investments Plan investments are valued at their fair value. Short-term investments are reported at cost which approximates fair value. Securities traded on national exchanges are valued at the last reported sales price. C 15- 1 CITY OF AVENTURA, FLORIDA • NOTES TO GENERAL PURPOSE FINANCIAL STATEMENTS (Continued) 1 NOTES. CONTINGENCIES Litigation Various claims and lawsuits, which arose in the normal course of operations, are pending 1 against the City. It is management's opinion, based on the advice of the City Attorney, that the outcome of these actions will not have a material effect on the accompanying financial statements. Management also believes that any litigation against the City will be covered by insurance. 1 NOTE 9. SUBSEQUENT EVENTS In January 1998, the City entered into a grant agreement with the County, whereby the County 1 will provide the City with a $160,000 grant in connection with the County's Safe Neighborhood Bonds Program. • • • 1 1 1 1 1 1 i 1 1 1 L C C C C C C C C GOVERNMENTAL FUND TYPES C C C L C C I I f L L L C L GENERAL FUND The general fund is the principal operating fund of the City and is used to account for resources traditionally associated with governments which are not required legally or by sound financial management to be accounted for in another fund. L L Y L L E I f V E CITY OF AVENTURA,FLORIDA LGENERAL FUND SCHEDULE OF REVENUES AND EXPENDITURES-BUDGET AND ACTUAL EFISCAL YEAR ENDED SEPTEMBER 30,1997 Variance Favorable Budget Actual (UNuvorablel Revenues: C axes Ad valorem taxes: Current $ 5,511,545 $ 5,561,028 $ 49,483 Delinquent 1,000 7,573 6.573 C Utility taxes: Electric 1,200,000 2,209,073 I,009,073 Telecommunication 900,000 638,002 (261,898) Water 350,000 355,962 5.962 Gas 30000 55,026 25,026 Franchise taxes: L Telecommunication65, 000 847) Gas 30,000 22,463 (7,537) Sanitation 150,000 146,833 (3,167) Cable TV 65,000 35,388 (29,612) Towing 1,185 1 185 Total taxes 8,302,545 9,085,686 783,141 L Intergovernmental revenues: Federal grants 7396 7,396 Cigarette tax 17,000 19,704 2,704 L Alcoholic beverage license10, 00) State revenue sharing 135,0110 150,4(18 1 5,408 Half cent sales tax 780,000 846,666 66.666 County occupational licenses 60,000 5,871 (54,129) Fuel tax refund 109 109 Total intergovernmental revenues 1,009,396 1,034154 20,758 E Licenses and permits: City occupational licenses 385,000 4320(10 47,000 Building permits 880,000 934,509 54,509 Engineering 5,000 1,513 (3,4871 Total licenses and permits 1,270,000 1,368,022 98,022 Charges for services: Development review fees 25,000 96,861 71,861 Recreation/Cultural Events 25,155 25,155 Police Detail 65,542 65,542 Total charges for services 25,000 187,558 162,558 Fines and forfeitures: C County court fines 35,000 24,582 (10.418) Code violation fines 1,000 5,175 4,175 Total fines and forfeitures 36,000 29,757 (6,243) Miscellaneous: Interest 75,000 279,893 204,893 Miscellaneous 51,957 51,957 Total miscellaneous 75,000 331 850 256,851) LTotal revenues $ 10,717,941 $ 12,033,027 $ 1,315986 I CITY OF AVENTURA,FLORIDA GENERAI.FUND SCHEDULE OF REVENUES AND EXPENDITURES-BUDGET AND ACTUAL (Continued) FISCAL YEAR ENDED SEPTEMBER 30.1997 ' Variances Favorable Expenditures: Budget Actual (Unfavorable) Current General government: City council: , Personnel services S 27,989 $ 27,989 5 - Operating 45,500 44,987 513 Capital outlay 1,000 1,000 74.489 72976 1.513 City manager: Personnel services 261,443 258,064 3,.379 Operating 103,250 104,230 (980) Capital outlay 3500 2,671 829 368 193 364.965 3,228 Finance support services: Personnel services 321.571 310,788 10,783 Operating 96,500 66,283 30,217 Capital outlay 343,000 277,445 65,555 761 071 654.516 106.555 Legal: Operating 199500 198]0] 1.193 City clerk: Personnel services 74,999 66,527 8,472 Operating 48,500 45,809 2,691 Capital outlay 20000 19898 102 143,499 132.234 11 265 Total general government 1,546,752 1 422 998 123 754 Public safety: Police Personnel services 1.730,377 1,692,030 38,347 Operating 1,542,465 1,540,503 1.872 Capital outlay 1 589 000 1,427 885 161,115 4,861,842 4,660,508 201,334 Community development ' Personnel services 400,060 348,786 51,274 Operating 792,580 796,565 (3,985) Capital outlay 79,500 68.638 10,862 1272140 1213,989 58,151 Total public safety 6 133 982 5,874497 259485 Community services: Personnel services 267,511 229,782 37,729 ' Operating 1,322,700 1,359,842 (37,142) Capital outlay 2,194,000 151,402 2,042,598 Total community services 3 784 211 1,741026 2 043 185 Non-departmental: Operating 540,000 465,192 74.808 Capital outlay 1,974,349 239752 1D4,597 Total non-departmental 2,514349 704 944 1509,405 Total expenditures 13,979,294 9,743,465 4.235.829 Excess(de liciency)of revenues us er expenditures (3261,353) 2 289 562 _5.550,915 Other financing sources: Operating transfers in 354353 354,353 - r Appropriated fund balance 2 907 000 - (2,907,000) Total other financing sources 3,261,353 354,353 (2,907.000) Excess of revenues over expenditures and other financing sources $ $2,643,915 $ 2,643.915 -18- L I pC p` SPECIAL REVENUE FUNDS G Special revenue funds are used to account for revenues derived from specific sources that are legally restricted to expenditures for particular purposes. F The Police Education Fund. This fund is used to account for revenues and expenditures ` associated with the two dollars ($2.00) the City receives from each paid traffic citation, which, by State Statute, must be used to further the education of the City's police officers. Street Maintenance Fund. This fund is used for revenues and expenditures which by State Statute are designated for street maintenance and construction costs. All expenditures are accounted for in the General Fund by designating specific expenditure accounts in the Community Services Department and the Capital Improvement Program. An operating transfer is made to the General Fund to cover such expenditures. Police Capital Outlay Impact Fee Fund. This fund is used to account for impact fees derived from new developments and restricted by Ordinance for police capital improvements. This fund provides a funding source to assist the City in providing police services required by the growth in the City. Park Development Fund. This fund is used to account for revenues and expenditures specifically earmarked for capital improvements to the City's park system. This fund accounts for impact fees derived from new developments and restricted by Ordinance for park capital improvements projects. Police Forfeiture Fund. This fund is used to account for proceeds obtained from the sale of confiscated and unclaimed property turned over to the City through court judgments. Proceeds arc to be used solely for crime fighting purposes. E L r L f1 r"0. n n n 11•7 !'A r•11 NMI n !AI n ral n rill !A .-7 IPA e"11 CITY OF AVENTURA, FLORIDA SPECIAL REVENUE FUNDS COMBINING BALANCE SHEET SEPTEMBER 30. 1997 Police Capital Outlay Police Street Impact Park Police Education Maintenance Fee Development Forfeiture Fund Fund Fund Fund Fund Total ASSETS Cash and cash equivalents S 1,078 S - $ 187.477 S 259,813 $ 22.310 $ 470,678 Due from other governments - 33.463 - - - 33A63 Total assets S 1.078 S 33.463 $ 187,477 S 259,813 $ 22,310 $ 504,141 LIABILITIES AND FUND BALANCES Liabilities: Accounts payable $ - $ - $ - S - $ 10,249 $ 10,249 Due to general fund - 12,657 - - - 12,657 Total liabilities - 12,657 - - 10,249 22,906 Fund balances: Designated for police 1,078 - 187.477 - 12,061 200.616 Designated for street maintenance - 20,806 - - - 20,806 Designated for park development - - - 259,813 - 259,813 Total liabilities and fund balances $ 1,078 $ 33,463 $ 187,477 $ 259,813 $ 22,310 $ 504,141 -19- i I CITY OF AVENTURA,FLORIDA SPECIAL REVENUE FUNDS COMBINING STATEMENTS OF REVENUES,EXPENDITURES AND CHANGES IN FUND BALANCES FISCAL YEAR ENDED SEPTEMBER 30, 1997 ' I Police Capital ' Outlay Police Street Impact Park Police Education Maintenance Fee Development Forfeiture ' • Fund Fund Fund Fund Fund Total Revenues: Intergovernmental $ - $ 349,356 $ - $ - $ - $ 349,356 ' Fines and forfeitures 1,068 - - - 11,946 13,014 Police impact fees - - 182,731 - - 182,731 Recreation impact fees - - - 256,841 - 256,841 Miscellaneous 10 - 4 746 2,972 115 7,843 • Total revenues 1,078 349,356 187,477 259,813 12,061 809385 • Expenditures - - - - - - • Excess of revenues ' over expenditures 1,078 349,356 187,477 259,813 12,061 809,785 Other financing uses: Operating transfers out - (354,353) - - - (354,353) t Excess(deficiency) of revenues over expenditures and other financing uses 1,078 (4,997) 187,477 259,813 12,061 455,432 Fund balances, beginning - 25,803 - - - 25,803 t Fund balances, ending $ 1,078 $ 20,806 $ 187,477 $ 259,813 $ 12,061 $ 481,235 I I I 20_ 1 r-- r i n n r7 n n in n n n n n n r-il n r7 r, Uri CITY OF AVENTURA, FLORIDA SPECIAL REVENUE FUNDS COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - BUDGET AND ACTUAL FISCAL YEAR ENDED SEPTEMBER 30, 1997 Police Education Fund Street Maintenance Fund Police Capital Outlay Impact Fee Fund Variance Variance Variance Favorable Favorable Favorable Budget Actual (Unfavorable) Budget Actual (Unfavorable) Budget Actual (Unfavorable) Revenues: Intergovernmental S - $ - S - $ 332.000 S 349,356 $ 17,356 $ - $ - S Fines and forfeitures 1,000 1,068 68 - - - _ _ Police impact fees - - - - - - 130,000 182,731 52,731 Recreation impact fees - - - - - - - - - Miscellaneous - 10 10 3.000 - (3,000) - _ 4,746 4,746 Total revenues 1.000 1,078 78 335,000 349,356 14,356 130 000 187,477 57,477 Expenditures: Operating 1,000 - 1,000 - - - - - Capital outlay - - - - - - 130.000 - 130,000 Total expenditures 1,000 - 1,000 - - - 130,000 - 130,000 Excess of revenues over expenditures - 1.078 1,078 335,000 349,356 14,356 - 187,477 187.477 Other financing sources(uses): Operating transfers out - - - (354,353) (354,353) - - - _ Appropriated fund balance - - - 19.353 - (19,353) - - _ Total other financing sources(uses) - - - (335.000) (354,353) (19,353) - - _ Excess(deficiency)of revenues over expenditures and other financing sources (uses) - 1,078 1,078 - (4,997) (4,997) - 187,477 187,477 Fund balances, beginning - - - - 25,803 25,803 - - - Fund balances, ending $ - S 1,078 $ 1,078 $ - $ 20,806 $ 20,806 $ - S 187,477 $ 187,477 (Continued) ?1- CITY OF AVENTURA, FLORIDA SPECIAL REVENUE FUNDS COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES-BUDGET AND ACTUAL (Continued) FISCAL YEAR ENDED SEPTEMBER 30, 1997 Park Development Fund Totals Variance Variance Favorable Favorable Budget Actual (Unfavorable) Budget Actual (Unfavorable) Revenues- Intergovernmental $ - $ - $ - S 332,000 $ 349,356 $ 17,356 Fines and forfeitures - - - 1,000 1,068 68 Police impact fees - - - 130,000 182,731 52,731 Recreation impact fees 5,000 256,841 251,841 5,000 256,841 251,841 Miscellaneous - 2.972 2972 3,000 7,728 4,728 Total revenues 5.000 259 813 254,813 471,000 797.724 326.724 Expenditures: Operating - - - 1,000 - 1,000 Capital outlay 5.000 - 5,000 135,000 - 135,000 Total expenditures 5.000 - 5.000 136,000 136.000 Excess of revenues over expenditures - 259,813 259.813 335,000 797,724 462,724 Other financing sources (uses): Operating transfers out - - - (354,353) (354,353) _ - Appropriated fund balance - - - 19,353 - (19,353) Total other financing sources (uses) - - - (335,000) (354,353) (19.353) Excess of revenues over expenditures and other financing sources (uses) - 259,813 259,813 - 443,371 443,371 Fund balances, beginning - - - - 25,803 25.803 Fund balances, ending $ - $ 259,813 $ 259,813 $ - $ 469,174 $ 469,174 a NM MI Ing MN NM S MN S S S S S SI a C C C E L E L L t FIDUCIARY FUND TYPE C C C I E I L C C C C C C C C AGENCY FUNDS These funds arc used to account for assets held for employees in accordance with the provisions of Internal Revenue Code Sections 401 and 457. C C C C C C C r c CITY OF AVENTURA, FLORIDA AGENCY FUNDS STATEMENT OF CHANGES IN ASSETS AND LIABILITIES FISCAL YEAR ENDED SEPTEMBER 30, 1997 Balance Balance September 30, September 30, 1996 Additions Deletions 1997 Deferred Compensation Fund â–  Assets. Investments, at fair value $ 256,033 $ 768,725 $ 554 $ 1,024,204 Liabilities: Deferred benefits payable $ 256,033 $ 768,725 $ 554 $ L024,204 401(a) Plan Fund Assets: Investments, at fair value $ 107,055 $ 489,680 $ 1,557 $ 595,178 Liabilities: Deferred benefits payable $ 107,055 $ 489,680 $ 1.557 $ 595,178 Total-All A zencv Funds [ Assets: Investments, at fair value $ 363,088 $ 1,258,405 $ 2,111 $ 1,619,382 Liabilities: Deferred benefits payable $ 361088 $ 1,258,405 $ 2,111 $ 1,619,382 C L L E -23- 4,, I. , 1 ` arn*lit --L„,,, cigar' '� el 1 tee N a a no at i — a a a no a r MI r I r I S MN E L L L L GENERAL FIXED ASSETS ACCOUNT GROUP L To account for fixed assets of the general government. L L L C L E r C [R CITY OF AVENTURA, FLORIDA r SCI IEDULE OF GENERAL FIXED ASSETS-BY SOURCE SEPTEMBER 30, 1997 General fixed assets: Land $ 3,299,845 Equipment 2,121,068 Total general fixed assets $ 5,420,913 C Investments in general fixed assets: General fund S 2,286,568 Capital projects fund 3,134,345 [!I Total investments in general fixed assets S 5,420,913 â–  L L E â–  L L -74- • 1 CITY OF AVENTURA,FLORIDA SCHEDULE OF GENERAL FIXED ASSETS-BY FUNCTION AND ACTIVITY• 1 SEPTEMBER 30, 1997 • 1 • Function Land Equipment Total General government: 1 Council $ - $ 14,997 $ 14,997 Manager - 46,134 46,134 Finance support services - 297,261 297,261 1 • Clerk - 27,707 27,707 Total general government - 386,099 386,099 Public safety: Police - 1,492,977 1,492,977 Community development - 82,632 82,632 Total public safety - 1,575,609 1,575,609 Community services - 159,360 159,360 Non-departmental 3,299,845 - 3,299,845 1 • Total general fixed assets allocated to functions $ 3,299,845 $ 2,121,068 $ 5,420,913 1 •• 1 • 1 1 1 1 1 -25- 1 I CITY OF AVENTURA, FLORIDA ISCHEDULE OF CHANGES IN GENERAL FIXED ASSETS-BY FUNCTION AND ACTIVITY FISCAL YEAR ENDED SEPTEMBER 30, 1997 L I Balance Balance L September 30, September 30, 1996 Additions Deletions 1997 LGeneral government: Council $ 14,997 $ - $ - $ 14,997 I Manager 35,212 10,922 46,134 Finance support services 23,575 273,686 297,261 Clerk 5,437 22,270 - 27,707 ITotal general government 79,221 306,878 - 386,099 Public safety: LPolice 9,431 1,483.546 - 1,492,977 Community development 17,257 65,375 - 82.632 LTotal public safety 26,688 1,548,921 - 1,575,609 Community services 28,694 130,666 - 159,360 LNon-departmental 165,500 3,134,345 - 3,299,845 ITotal general fixed assets allocated to functions $ 300,103 S 5,120,810 $ - $ 5,420,913 I I L I I I L -26- (1) 4. ..:•;• ..v. IAt tt -- ' W X -a> , ialfillifs• .• re to 4 sibetr .4.IS/ . c 1 * \AV‘ Ee a MIN a a la a a a a la a la a al la a a a MN 1 L TABLE 1 CITY OF AVENTURA, FLORIDA EGENERAL GOVERNMENTAL EXPENDITURES BY FUNCTION (1) ppp DATE OF INCORPORATION (NOVEMBER 1995)TO DATE (2) sa E Fiscal General Public Community Non- Capital Debt Y Year Government Public Servicp4 Departmental Outl-y Service Total E1995/96 $ 332,840 $46,234 $176,794 $107,987 $323,387 $-0- $987,242 1996/97 1,122,984 4,377,974 1,589,624 465,192 5,301,853 111,955 12,969,582 E Notes: (1) Includes General, Special Revenue, Debt Service and Capital Project Funds E (2)The City was incorporated during fiscal year 1995/96. E ETABLE 2 CITY OF AVENTURA, FLORIDA EGENERAL GOVERNMENTAL REVENUES BY SOURCE EDATE OF INCORPORATION (NOVEMBER 1995)TO DATE (2) Licenses Charges Fines E Fiscal Inter- and for & Year Taxes Governmental Permits Services Forfeitures Interest Other TQtal 1995/96 $3,767,199 $208,193 $1,904 $ $ $15,263 $2,027 $3,994,586 E1996/97 9,376,999 1,379,510 1,368,022 187,558 42,771 315.253 491,529 13,161,642 E Notes: (1) Includes General, Special Revenue, Debt Service and Capital Project Funds E (2) The City was incorporated during fiscal year 1995/96. C €` -27- L I I TABLE 3 ' CITY OF AVENTURA, FLORIDA PROPERTY TAX LEVIES AND COLLECTIONS ' • • • DATE OF INCORPORATION (NOVEMBER 1995)TO DATE (3) ($in 000's) Percent of Total Tax ' • Property (1) Property Delinquent Total Collections Fiscal Tax Tax Net Tax Current Tax Tax Tax To Net Year Less Discount Les( Collection Collection (2) Collection Tax I evv t • 1996/97 $5,802 $199 $5,603 $5,561 8 $5,569 99.39% Source: Miami-Dade County, Florida, Tax Collector I • • • Notes: (1) Florida Law allows up to 4% discount for timely payment of property taxes ' (2) Includes corrections and penalties (3) The City was incorporated during the 1995/96 fiscal. The first year that the City was authorized to levy ad valorem(property)taxes was the 1996/97 fiscal year. I TABLE 4 ' CITY OF AVENTURA, FLORIDA ' ASSESED VALUE OF TAXABLE PROPERTY(1) DATE OF INCORPORATION (NOVEMBER 1995)TO DATE (2) I Fiscal Non-Exempt Non-Exempt Total Taxable Year Real Property Personal Property Valuations 1996/97 $2,509,850,919 $95,280,080 $2,605,130,999 • Source: Miami-Dade County, Florida, Tax Collector ' Notes: (1) Florida Law requires that all property be assessed at current fair market value (2)The City was incorporated during the 1995/96 fiscal. The first year that the City ' was authorized to levy ad valorem(property)taxes was the 1996/97 fiscal year. I -28- I CITY OF AVENTURA, FLORIDA TABLE 5 PROPERTY TAX RATES-DIRECT AND OVERLAPING GOVERNMENTS (PER $1,000 OF TAXABLE VALUE) DATE OF INCORPORATION (NOVEMBER 1995)TO DATE (1) So. Fl. t Fiscal Everglades Water Fl. Inland School County Year City Projects Management Navigation Intal 1996/97 2.2270 10.3660 10.3270 0.1000 0.5720 0.0380 23.6300 Source: Miami-Dade County, Florida, Tax Collector gFl(.r Note: (1)The City was incorporated during the 1995/96 fiscal. The first year that the City was authorized to levy ad valorem(property) taxes was the 1996/97 fiscal year. i TABLE 6 CITY OF AVENTURA, FLORIDA RATIO OF NET GENERAL BONDED DEBT �r TO ASSESSED VALUE AND NET BONDED DEBT PER CAPITA p DATE OF INCORPORATION (NOVEMBER 1995) TO DATE(3) Y ($ in 000's) 1 (2) Debt Debt Payable Ratio of Net Net Assessed Gross Service from Net Bonded Debt Bonded Fiscal (1) Taxable Bonded Monies Enterprise Bonded to Assessed Debt Per Year Population Value Debt Available Revenues Debt Value Capita (whole$) L1996/97 20,383 $2,605,131 $ 3,276 $189 $-0- $3,087 0.12% $ 151.45 Notes: (1) Population is as of April 1 of each year, per the University of Florida, Bureau of Economic& Business Research. (2) Includes all General Long-Term Debt (3) The City was incorporated on November 1995. Accurate estimates of population were not available until April 1, 1997. For the 1995/96 fiscal year the City was not in existence at the time that assessed taxable value was determined. @â–  -29- 1 I • • • TABLE 7 , I CITY OF AVENTURA, FLORIDA ' COMPUTATION OF LEGAL DEBT MARGIN GENERAL OBLIGATION BONDS I SEPTEMBER 30, 1997 Assessed Valuation of Taxable Real and Personal Property $259.51111,99 ' Bonded Debt Limit- 10%of above (Note 1) $ 260,513,100 ' Amount of Debt Applicable to Debt Limit: • Total Bonded Debt $3,200,000 • Less Debt to be Repaid from Utility Tax Revenues: ' Line of Credit $3.200 000 Total Amount of Debt Applicable to Debt Limit $-0- I Legal Debt Margin (Note 1) $ 260 513 100 Note: (1) The City Charter allows revenue bonds to be issued when authorized by the City Council as long as five of the seven Council members approve the debt. Ad Valorem (general obligation bonds) must be ' approved by referendum of the electorate. The Charter provides no limit on the amount of general obligation debt; however, the adopted Capital Improvement Program provides that general obligation • bonds shall not exceed 10%of the total assessed value of the City. , • • TABLE 8 CITY OF AVENTURA, FLORIDA I COMPUTATION OF DIRECT AND OVERLAPPING DEBT • SEPTEMBER 30, 1997 I ($ in 000's) 1 • Percentage Amount Applicable Net Debt Applicable to Aventura • Jurisdiction Outstanding to Aventura (1) I Miami-Dade Board of County Commissioners $351,780000(2) 2.63% $ 9,251,814 • • Miami-Dade County School Board 915,580000(3) 2.63% 24,079,754 I • Aventura 3,200,000 100.00% 3.200.000 Total $36 531 566 ' Notes: (1) Based on ratio of assessed taxable value ' (2) Source: Miami-Dade County, Florida, Finance Department (3) Source: School Board of Miami Dade County, Finance Department -30- I I E TABLE 9 CITY OF AVENTURA, FLORIDA RATIO OF ANNUAL DEBT SERVICE EXPENDITURES FOR GENERAL BONDED DEBT ETO TOTAL GENERAL GOVERNMENTAL EXPENDITURES DATE OF INCORPORATION (NOVEMBER 1995)TO DATE (2) ERatio of Debt Service to Total Fiscal (1)Total General General EYear Principal Interest Other Total Debt Service Expenditures Expenditures E 1995/96 $-0- $-0- $-0- $ 987,242 0.0°/ 1996/97 -0- 111,955 -0- 111,955 12,969,582 0.86% Ej Note: (1) Includes General, Special Revenue, Capital Projects, and Debt Service Funds. Rw (2)The City was incorporated during the 1995/96 fiscal year. â–  ETABLE 10 CITY OF AVENTURA, FLORIDA EESTIMATED VALUE OF CONSTRUCTION EDATE OF INCORPORATION (NOVEMBER 1995)TO DATE ($ in 000's) EEstimated Value of Construction E Fiscal Number of New New Housing Housing Units Units Other than New Number of Year Housing Units Total Permits Issued E1996/97 (1) 229 $ 55,756 $209,760 $265,516 1719 E Note: (1) The City began processing building permits for construction within its corporate limits in November 1996. Prior to that date, building permits were processed by Miami-Dade County and information is not available for that period. E L -31- L I I TABLE 11 ' CITY OF AVENTURA, FLORIDA PRINCIPAL TAXPAYERS I ($ in 000's) FISCAL YEAR 1996/97 I Assessed % of Total ' Owners Name Tvoe of Business Value Taxable Value 1. Aventura Mall Ventures Shopping Center $140,677 5.40% I • 2. The Bay Club of Aventura Rental Apartment Complex 47,807 1.83% ' 3. Turnberry Country Club Golf Course & Hotel 44,975 1.73% 4. Yacht Club of Aventura Hotel 43,954 1.69% 5. D. Soffer& B. Redich TR Commercial Developer 26,283 1.01% 1 6. The Prudential Insurance Shopping Center 26,003 1.00% ' 7. Summit Properties Rental Apartment Complex 24,875 0.95% 1 8. Promenade Ventures LP Shopping Center 21,885 0.84% ' 9. 2000 Island Blvd. Inc. Condominium Developer 19,375 0.74% I 10. Miami Beach Health Care Corp. Hospital & Health Care Facilities 19,099 0.73% TOTAL $414.933 15.92% I I Source: Tax Roll of Miami-Dade County, Florida ' -32- I I 1 L L IICITY OF AVENTURA, FLORIDA TABLE 12 LDEMOGRAPHIC AND MISCELLANEOUS STATISTICS SEPTEMBER 30, 1997 L Date of Incorporation November 7, 1995 LForm of Government Council-Manager LArea 3.5 Square Miles Population per State Estimate' 20,383 LEstimated Ethnic Distribution ": White(Non-Hispanic) 79.6% African American 0.7% Hispanic 13.7% Other 5.9% L Estimated Age Distribution Under 35 26.1% 55-65 13.3% 36-55 26.7% 65-+ 33.9% L Estimated Average Household Size ": One 31.3% Three or more 24.4% Two 44.3% L Estimates of Residence Types": Condo 67.4% Single Family 9.5% Rental 15.4% Other 7.7% I 1996 1997 Full Time Employees 23 96 Public Facilities Located within Corporate Limits: L Public Parks 0 1 Open Space Recreation (acres) 0 5.5 Public Libraries(Operated by Miami-Dade County) 1 1 Fire Stations (Operated by Miami-Dade County) 1 1 L Public Tennis Centers 0 0 Public Recreation Centers 0 0 Public Schools 0 0 Police Stations 0 1 I L 'State of Florida, Bureau of Economic 8 Business Research "Study Titled Aventura Profile, prepared by Milan J. Dluhy, Ph.D, Director, Institute of Government, Florida International University I 1 -33- L ‘ .1 4 IR =r \rrin\ 1 4,:s.„\- ..c. titii ,-- ,_ _sin, ....: x -, ; .÷-_, , , . am ice N NE N. um - - r I m• - - - MN MN NM MI IS ME CERTIFIED PUBLIC ACCOUNTANTS&CONSULTANTS A Partnership Including Professional tixsetlons Report of Independent Certified Public Accountants on Compliance and Internal Control Over Financial Reporting Based on an Audit of General Purpose Financial Statements Performed in Accordance with Government Auditing Standards Honorable Mayor,City Council and City Manager City of Aventura, Florida We have audited the financial statements of the City of Aventura, Florida(the City) as of September 30, 1997 and for the year then ended, and have issued our report thereon dated January 14, 1998. We conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Compliance As part of obtaining reasonable assurance about whether the City's financial statements are free of material misstatement, we performed test of its compliance with certain provisions of laws, regulations, contracts and grants, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of non-compliance that are required to be reported under Government Auditing Standards. Internal Control Over Financial Reportinp In planning and performing our audit, we considered the City's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the financial [t statements and not to provide assurance on the internal control over financial reporting. Our ` consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by gr employees in the normal course of performing their assigned functions. We noted no matters involving {â–  the internal control over financial reporting and its operation that we consider to be material weaknesses. -347C Ilome Page: has:,has:, wrchep,a m One Southeast Third Avenue,Tenth Floor,yRam,Florida 33131 •Dad 1 03)377-4228• Fax 13115)377-3331 700 Southeast Third Avenue,Third Floor ELLauderdale,Florida 33316 •Broward 1934)23-1010 • Fax 0541 325-21)04 ,.nvim.r rvewl ,. RCH Honorable Mayor,City Council and City Manager City of Aventura,Florida Page Two 1 However, we noted other matters that we have reported to management in the accompanying schedule of• findings. • • This report is intended for the information of the Mayor, City Council, management and the Auditor• General of the State of Florida. However, this report is a matter of public record and its distribution is not limited. • AS1 11 eti ahn, a- Miami, Florida , • January 14, 1998 1 1 1 1 1 1 1 -35- ' 1 i CERTIFIED PUBI IC ACCOUNTANTS&CONSULTANTS @�• A Partnership Including lnAsinnaI A.,x a1.n, g�pll Management Letter in Accordance with the Rules of the Auditor General Honorable Mayor, City Council and City Manager City of Aventura,Florida We have audited the general purpose financial statements of the City of Aventura, Florida (the City) as p of and for the year ended September 30, 1997, and have issued our report thereon dated January 14, L 1998. â– r We conducted our audit in accordance with generally accepted auditing standards and the standards !Y applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. In connection with our audit of the general purpose financial statements of the City for the year ended September 30, 1997, we report the following in accordance with Chapter 10.550 Rules of the Auditor General Local Governmental Entity Audits which requires that this report specifically address but not be limited to the matters outlined in Rule 1O.554(1)(e): I. No inaccuracies, irregularities, shortages, defalcations and/or violations of laws, rules, and �p1 regulations and contractual provisions were reported in the preceding financial audit. R 2. The City, during fiscal year 1997, was not in a state of financial emergency as defined by Florida Y Statute, Section 218.503 (1). The City had no deficit fund balances. 3. There were no recommendations to improve the City's financial management and accounting procedures in the preceding financial statement audit. 4. Recommendations to improve the City's present financial management and accounting procedures are accompanying this report in the schedule of findings. 5. During the course of our audit,nothing came to our attention that caused us to believe that the City: a) Was in violation of any laws,rules or regulations. b) Made any illegal or improper expenditures. -36- One Southeast Third Avenue,Tenth Floor,Miami,Flnridd 33131 •Dade I30a1 377-1178• Fax i ll0.311177-ttri I 700 Southeast Third Avenue,Third Flrror.ELI aiiderdale,Florida 3 illy •Bmlvard 195d1 155-1040 •Fox 14941 915204 RCH Honorable Mayor,City Council and City Manager• 1 City of Aventura,Florida Page Two • • c) Had improper or inadequate accounting procedures other than those noted in the schedule of findings. • d) Failed to record financial transactions which could have a material effect on the City's general 1 purpose financial statements. e) Had other inaccuracies, irregularities, shortages and defalcations. 1 6. The annual financial report for the year ended September 30, 1997 was filed with the Department • of Banking and Finance pursuant to Section 218.32 Florida Statutes and was in agreement with the audited financial statements of the same period. 7. The City was incorporated pursuant to the constitution of the State of Florida and the Home Rule Charter of Metropolitan Dade County. This report is intended for the information of the Mayor, City Council, management, and the Auditor General of the State of Florida. However, this report is a matter of public record and its distribution is not limited. • • /���n /�(/�^ ,Pu 014 Miami, Florida 6 1 • January 14, 1998 1 • • • i i 1 -37- CCITY OF AVENTURA, FLORIDA SCHEDULE OF FINDINGS L PART I. CURRENT YEAR'S COMMENTS AND RECOMMENDATIONS Other Matters I. Fixed Assets Condition rl The City does not properly track its fixed assets on an asset by asset basis. Fixed assets are determined at year end when management analyzes its capital outlay accounts. The inability to track fixed assets during the year creates difficulty with monitoring budgetary requirements as well as presenting the possibility of a misappropriation of assets. Recommendation We recommend that the City purchase a fixed assets program or utilize its HTE system to enable it to present a listing of fixed assets by asset type and department. Management should record capital outlays as fixed assets at the time the purchase is requisitioned and recorded as an expenditure. Additionally, the system should be able to depreciate fixed assets accounted for in future proprietary funds. Management Response Management intends to attend training sessions during 1998 to learn the fixed assets module of the HTE system and expects to utilize the module to implement the above recommendation soon thereafter. 2. Changes in Accounting Principles Fir Condition â–  As part of our continuing evaluation of changes in accounting principles which have an effect upon the reporting and presentation of accounting information, we noted that in accordance with Government Accounting Standards Board (GASB) Statement No. 32, "Accounting and Financial Reporting for Internal Revenue Code Section 457 Deferred Compensation Plans", effective for financial statement periods beginning after December 31, 1998, the City will be required to amend the 457 plan document and set up the administration of the plan under a trust agreement. As such, the City will no longer have access to the assets of the plan. The assets will then be held in trust for the exclusive benefit of the participants and their beneficiaries. Recommendation We recommend that the City begin assessing the implication of this new GASB in order to comply with its provisions. Additionally, communication should he held with the Company which currently holds and accounts for the plan assets and plan activity regarding the required plan amendments. Management Response The City will contact ICMA Retirement Company and review the status of its 457 plan. Accordingly, the City will take steps to modify its plans to comply with GASB 32. i4- 013A ti eti) 14ilk 114 ' e) I111 , , 0 1111 Uri k f rII 1,V „ 1 4„ 111 too d TO: FROM: DATE: SUBJECT: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM City Commission ,~- Eric M. Soroka, C~ty~.Marlra~ ,r April 2, 1998 Disbursement of Police Forfeiture Funds April 7, 1998 City Commission Meeting Agenda Item ~ -~:i RECOMMENDATION it is recommended that the City Commission adopt the following Motion to Expend Funds from the Police Forfeiture Fund: "Motion authorizing the appropriation of up to $39,000 for SWAT team equipment from the Police Forfeiture Fund in accordance with the City Manager's memorandum". BACKGROUND As per the attached Staff Report, the Police Chief has requested approval to appropriate Police Forfeiture Funds for the pumhase of equipment to be utilized by the Department's SWAT team. As of March 31, 1998, the Police Forfeiture Fund had a balance of $169,089.18. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0548-98 CITY OF AVENTURA POLICE DEPARTMENT TO: FROM: INTER Eric M. S/o~a~ Chief of Poh'oe.~.J OFFICE MEMORANDUM DATE: 04-01-98 SUBJECT: Use of Forfeiture Funds Florida State Statutes 932.704 & 932.7055 requires that money resulting from forfeitures be maintained in a special law enforcement trust fund, and that the funds be expended only upon request of the Chief of Police to the governing body of the municipality and approval of the governing body. I am requesting City Council approval for the expenditure of $39,000.00. These items were not originally included in the Capital Budget for this fiscal year. All of these items will be used by the departmental SWAT team. 10 Entry Rifles @ $540.00 ea 10 Ballistic Entry vests @ $1000.00 ea 12 Sets of tactical gear @ $300.00 ea 2 Ballistic Body Bunkers @ $1000.00 ea 20 Tactical lights for rifles/handguns @ $125.00 ea 10 Radio Headsets @ $500.00 ea Set of Entry Tools Uniforms/boots Gear bags/goggles/gloves Chemical agents/agent dispersal gun Diversionary devices Misc. equipment/costs $6480.00 $10000.00 $2600.00 $2000.00 $2500.00 $5000.00 $1000.00 $1700.00 $2250.00 $3000.00 $2000.00 $470.00 I certify that this requested expenditure complies with Florida State Statute 932.7055 in that: 1. Funds will be used for an appropriate law enforcement purpose. 2. Funds are not being used as a normal source of revenue for the Police Department. 3. Funds were not considered in the adoption and approval of the budget of the Police Department. SWAT Equipment This forfeiture expenditure, if approved, will be used to purchase equipment for a 10 man SWAT team. The purpose for creation of the team is deal with those critical incidents that exceed the capabilities of road patrol. By the formation of this team, which will have support from the SRT Team of North Miami Beach Police, the City will be able to maintain control over a large variety of critical incidents that would have to be turned over to another agency if the SWAT team were not in existence. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City CommissiO~ci~~ Eric M. Soroka, March 31, 1998 Proposed Alcoholic Beverages Ordinance Ist Reading March 17, 1998 City Commission Meeting Agenda Item 8-A 2"d Reading April 7, 1998 City Commission Meeting Agenda Item c/.--'~ RECOMMENDATION It is recommended that the City Commission 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. The attached Ordinance includes the amendments proposed by the City Commission at the last meeting. BACKGROUND The City Commission 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 net one of the uses excepted from the spacing requirements hereinafter f. g. h. i. provided) alcoholic beverage use which permits consumption on or off the premises. (Same as County Ordinance). Distance from religious facility or 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 religious facility or 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). Exceptions to spacing and distance requirements. PRIVATE CLUBS (Same as County Ordinance) RESTAURANTS IN BU-1, BU-1A ZONING DISTRICTS. (Same as County Ordinance). 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) BEER AND WINE FOR OFF-PREMISES CONSUMPTION, (Same as County Ordinance) ALCOHOLIC BEVERAGES IN BOWLING ALLEYS. (new) HOTELS AND MOTELS WHICH CONTAIN AT LEAST ONE HUNDRED (100) GUEST ROOMS UNDER THE SAME ROOF, (new) GOLF COURSE CLUBHOUSES AND REFRESHMENT STANDS LOCATED ON SAID GOLF COURSE, (Same as County Ordinance) TENNIS CLUBS AND INDOOR RACQUETBALL CLUBS. (Same as County Ordinance) 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 2 chumhes 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 liquors. (Same as County Ordinance, except that non-use variance standard is specified). 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. (Same as County Ordinance). Hours and Days of Sale Package Sales -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 Commission. 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. If you have any questions, please feel free to contact me. EMS/aca Attachment cc0519-98 3 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) Religious facility. The term "religious facility" shall be defined as a church, synagogue or other structure in which worship services pertaining to a particular system of religious beliefs are lawfully held. (d) School. The term "school" shall be defined as an educational institution, public or private, offering a curriculum acceptable by local and state educational officials to fulfill legal requirements of education for elementary through high school levels, or any part thereof. A school shall not include boarding schools or other special purpose schools. (c)(e) Wine. The word "wine" shall be as defined in Section 564.01, Florida Statutes. Ordinance No. 98-__ Page 3 (<f)(f) 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 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 religious facilityv.-~,,-'-h._, v.. or ~......v.-,,~-..- 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 religious facility church or p ..... school. The twenty-five-hundred foot distance requirement shall be measured and computed as follows: (1) From a religious facility 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 religious facility grounds c~humh-smamure, and (2) From ""~"~" a ~. ..... 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 Ordinance No. 98-__ Page 4 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 forth in subsections (A) and (B) above shall not apply: (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 beverages 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. 4 Ordinance No. 98-__ Page 5 (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). (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-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 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 Ordinance No. 98-._ Page 6 are served. This provision shall likewise apply to comparable squash facilities. (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. Notwithstanding the above, it is expressly provided that the exception to spacing and distance requirements shall not be available to any alcoholic beverage establishment, other than that described in paraQraph "Beer and Wine for off-premises Consumption," unless alcoholic beverage sales and service are conducted solely for on-premises consumption of alcoholic bevera,qes. (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" Ordinance No. 98-__ Page 7 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.,,...j-;"*"/~m,v.~/thirty (30) days if premises not established. All alcoholic beverage uses must be established on the premises within~,,,,,-;"*" (~9)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. (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 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 belo,~ (a) Establishments for package sales only. Vendors holding a license from the State beverage department for the sale of alcoholic be erage for mption the p emis only ~'"'~ "'"~' ..... ~ cf v s consu off r es , ~ ................... · -~""~'""" ~' ..... 3"CS '"' ~' '"'~ ...... '~ shall make no sale of alcoholic beverages er~-ether-(~ys 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. 7 Ordinance No. 98-__ Page 8 (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). (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. 8 Ordinance No. 98-__ Page 9 (i) Catch all provision. Any other alcoholic beverage vending establishment holding a license from the State beverage department which is not listed and provided for in paragraphs (a)-(h) above, shall make no sale of alcoholic beverages except between the hours of 8:00 a.m. and 1:00 a.m. of the following day. 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, 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 9 Ordinance No. 98-~ Page 10 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. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. 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. lO Ordinance No. 98-~ Page 11 The foregoing Ordinance was offered by Commissioner Rogers-Libert, who moved its adoption on first reading. This motion was seconded by Commissioner Cohen, 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 yes yes yes yes yes yes yes 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 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. Al-rEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY ]1 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 2"d 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 CC0525-98 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 18.E, F, G, I, K, Q AND S; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY 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 she!! 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; struck through text 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 ...... to 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 complaints or requests for service or repairs on ~ ~',,... '" *;"'".,,, ,v ~-'-o~w~v,v, *'....., .... ,.j*" ~ .... ,'OA~ ~ ........ ,~ ......... ~7~ ~ ........... ~' ~;"~ to ~"~*~*~ 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. .............................................. ~ .......... ,~,~ ................. ~, ....... ,4 ....... '~'-~" ~"-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 dose 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 the ..... *,- ~- .... ~- ........ :'~'-'~ ~-~'~' cf "~' .... 'f the .... ~"*'~'"* ............. ~ ................ U~ C~ I ~ ................... Ordinance No. 98-__ Page 5 *h~,-, * .... *,, ,4,-,n.-,.-o /~onnn~ Such individual refund created to an individual subscriber shall not in any manner mitiflate any fine that may be imposed by the City pursuant to Section 18(s) herein. G. Disconnection· 1. Voluntary Disconnection. (b) Franchisee shall promptly disconnect any subscriber who so requests from the Franchisee's Cable System. No period of notice prior to voluntary termination of service may be required of subscribers by any Franchisee...v~'- ,..,~ ..... ,~ ....~ th~ .._wv_o' '~'o"-~'.wv. .... . v.~,* .......~ (c) A subscriber may be asked, but not required, to disconnect the Franchisee's equipment and return it to the business office. (d) Any security deposit and/or other funds due the subscriber shall be refunded on disconnected accounts after the converter has been recovered by the Franchisee. The refund process shall take a maximum of thirty (30) days from the date that the converter or 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. I. Franchisee shall notify the City Manager imme~if a service interruption affects fifty (50) or more individual subscribers for a time period greater than four hours. K. A Franchisee shall develop written procedures for the investigation and resolution of all subscriber or City resident complaints, including, but not limited to, those regarding the quality of service and equipment malfunction, which procedures shall be subject to the review and approval by the City Manager. A subscriber or City resident who has not been satisfied by following the Franchisee's procedures may file a written complaint with the City Manager, who will investigate the matter and, in consultation with the Franchisee as appropriate, attempt to resolve the matter. A Franchisee's good faith or lack thereof in attempting to resolve subscriber and resident complaints in a fair and equitable manner will be considered in connection with the Franchisee's renewal application· Franchisee shall maintain a complete list of all complaints not 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 I of each year based upon internal due diligence by the Franchisee that to the best of Franchisee's knowledge it is in substantial compliance with the standards set forth in this Section 18. At the request of the City, the Franchisee shall submit such documentation, as may be required, to demonstrate Franchisee's compliance with this Section 18. This documentation shall be submitted within forth five (45) days of the Franchisee's receipt of the City's request. 1. In addition to the powers delegated in subsection ~ (R) above, the City Manager shall have the authority to '--'~ ..... 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 e~u=n~. = ~= REFUNDS TO SU~SCR!~ERS (a) (b) (c) 32. In assessing fines against a Franchisee, the City Manager shall be governed by the schedule set out below. ~ Unless otherwise indicated, the fines listed are to be assessed on a per violation basis with each day of a continuing violation constituting a separate violation. SinRleViolationOf: Section A, hereof. Section B, hereof. Section C, hereof. SCHEDULE OF FINES Maximum Fines $100.00 $390.995100.00 $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 $300.0051000.00 perqua~er $300.005100.00 $100.00 $500.005100.00 $100.00 $200.005100.00 $100.00 $200.005100.00 $100.00 per month billin~ $500.005100.00 $200.005100.00 $500.005100.00 $500.005100.00 $3oe.ee$ oo.oo $3ee.oo$ oo.oo Section 2. 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 Ordinance No. Page 10 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 3. 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 Rogers-Libert, who moved its adoption on first reading. This motion was seconded by Vice Mayor Beskin and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger yes Commissioner Ken Cohen yes Commissioner Harry Holzberg yes Commissioner Jeffrey M. Perlow yes Commissioner Patricia Rogers-Libert yes Vice Mayor Jay R. Beskin yes Mayor Arthur I. Snyder yes The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner I 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 Ordinance No. 98-~ Page 11 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 OFTHEClTY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission ty ~~a a~ Eric M. Soroka., Ci April 1, 1998 Comcast Cablevisio of'-Eh'oward, Agreement Inc. Cable Television Franchise Ist Reading March 17, 1998 City Commission Meeting Agenda Item 7-.._._~_.D 2nd Reading April 7, 1998 City Commission Meeting Agenda Item ~/-C. RECOMMENDATION It is recommended that the City Commission authorize the execution of the attached Cable Television Franchise Agreement with Comcast Cablevision of Bmward, Inc. The amendments discussed at the Mamh 17, 1998 Commission Meeting are contained in the attached pages and are highlighted. 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-add capabilities. 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: Funds to purchase equipment to permit both live and delayed cablecast of all City Commission Meetings (estimated at $24,000). State-of-the-add character generator to permit transmission of public service messages from the Government Center to all subscribers. Training for City personnel to operate the equipment. 2 10. 11. 12. 13. 14. 15. 16. 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 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. Security 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. 3 17. Area Wide - Interconnection - The City maintains the right to request Comcast to intemonnect with any or all other cable systems in the City to permit interactive transmission and reception of program material. 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 CABLEVISlON 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. This Agreement is hereby granted and approved. 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 Rogers-Libert, who moved its adoption on first reading. This motion was seconded by Vice Mayor Beskin and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger yes Commissioner Ken Cohen yes Commissioner Harry Holzberg yes Commissioner Jeffrey M. Perlow yes Commissioner Patricia Rogers-Libert yes Vice Mayor Jay R. Beskin yes Mayor Arthur I. Snyder yes Ordinance No. 98-__ Page 2 The foregoing Ordinance was offered by Commissioner 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 ARTHURI. SNYDER, MAYOR APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY DISCUSSION PU SES ONLY CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY OF AVENTURA, FLORIDA AND COMCAST CABLEVISION 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 MAINTA1N 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 Delaware Corporation ("Comcast"). WHEREAS, pursuant to the Communications Act of 1934, as amended, 47 U.S.C. §§521 et seq., the City may grant or renew a franchise 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 FOIl DISCUSSION 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 ~vritten 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 PU SES 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. Definitions. 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 definitions shall apply: A. Ordinance 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. Franchisee 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. EranchiseArea 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. Gross Revenues 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- DISCUSSION PURPOSES ONLY Section 2. Grant_ofl~ranchise~ 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 4 I)ISCUSSION 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. No - ' ' ~. 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 to Communie~lollz~J,~t~a,/t and Ordinance. 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 provisions set forth in this Franchise Agreement. Section 6. Franchisee Subject To OtherLa~s,Police 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 ~vay. Section 7. - ' 'ghts. DISCUSSION PURPOSES ONLY A. It is explicitly understood that this Franchise Agreement shall be construed in accordance with the laws of the State of Florida 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. ~ ' . 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 FOR DISCUSSION PURPOSI S 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, firm or corporation, or the violation or infringement of any copyright, trade mark, trade name, service mark or patent, or of any other right of any person, firm or corporation. 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. 7 DISCUSSION PURPOSES ONLY Section 10. Conslru~ion~B ond. 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 construction, 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. Use of Streets. 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 DISCUSSION PUR SES ONLY mnended 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 from 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- __ DISCUSSION PU OSES 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 right-of-way shall, to the best of the Franchisee's ability, be placed close to the line of the lot abutting on the public Street, in a manner so as not to interfere with use of the public Street. Section 12. Minimum System Facilities and Services. 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 3-O DISC SION 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 ekseq., 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 et seq., as amended) school located within the City. If any internal wiring installation is DISCUSSION PU 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 intemal wiring (provided such wiring meets required technical specifications) and to bear the cost thereof. Frae BST and free CPST service will be provided to each outlet in all connected public and private schools. 3. Franchisee will provide fi:ce 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 Internet 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 DISCt. SION PL RPOSES 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 have fi:ee unlimited access to cable modem service, including but not limited to Internet access, 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. 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 on-line service when it becomes commercially available. At a minimum, such on-line service will provide access to the Internet. 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 Internet. 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 Franctfisee from providing benefits to schools which exceed those provided herein. D. All video signals received for transmission that contain closed circuit captioning information for the heating impaired shall in turn contain such information in the form received 13 DISC SION PU SES ONLY 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 carried 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 Lauderdale, but in no event in an amount greater than the actual cost basis to the Franchisee, such up and downstream capacity on the cable system as may be required to allow the City to collect data from subscribers DISC SION PURPOSES ONLY 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. Technologicallmprovements 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 mmual 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 financial capabilities. To the extent known by Franchisee, the franchisee shall also provide the City 3_5 DISCUSSION PUR SES ONLY 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 often (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. lerlmieaLSlandards. 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, roles, 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. C. Franchisee's cable system shall, at a minimum, meet or exceed all technical and signal 16 FOIl DISCUSSION PUIlPOSES ONLY quality standards of the FCC and the National Cable Television Association, including such standards as hereinafter may be adopted or promulgated. Section 15. Pro. Col Performance Tests. 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 proof of performance test results within thirty (30) days to the City Manager. Section 16. Acces~ ~ ' . A. Access Ch~pacity. Franchisee shall provide to the City, at least one (1) and a maximum 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 capable of taping and cablecasting on the cable system. 17 DISCUSSION PURPOSES ONLY 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 charmels 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 transmitted downstream to all subscribers on any of the downstream access channels provided nR DISCIJSSiON PUR SES ONLY 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 infon,nation 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 Facilities, EquipmenLand~qnppmrt. 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 Government Center to all such subscribers. The upstream system electronic and distribution FOR DISCUSSION PURPOSES ONLY 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 such tape on a designated access channel. The City Manager shall notify Franchisee in writing of 2O FOR DISCUSSION PURPOSES ONLY 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 Govenament 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 government 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 ail other support to be provided by Franchisee pursuant to this Section 16 constitute capital costs which are required by the franchise to be incurred by Franchisee for public, educational, or governmental FOR DISCUSSION PU SES ONLY 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. Commercia[Leased~cess. Franchisee shall provide commercial leased access channels as required by Federal law. Section 18. Emergency_Use of Facilities. 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. Lock-mttDevices. 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-circuit Capri ' ' paired. Franchisee shall make available at a reasonable charge to any hearing-impaired residential 22 DISCUSSION PUR SES ONLY 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. L' ' 'cy. A. Upon request and payment of all applicable charges, and provided that the requesting p~rson 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 Home Wiringl2o~nmltments. 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. Fram:rise 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 pement (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 allowable percentage to an amount greater than that specified in (1) above, that higher amount 23 DISCUSSION PURPOSES ONLY 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 amount 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 included 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 tree 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 ordinance No. 98- , this Franchise Agreement, or local, State or Federal law, including, without 24 DISCUSSION PURPOSES ONLY 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 franchise 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 fi'anchise 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 franchise 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 amount of any of said taxes or other fees or charges of general applicability as a deduction or other 25 DISCUSSION PURPOSES ONLY 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. 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 lnsgect Financial Records and Facilities. 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 17 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 records contain proprietary or confidential information. 26 DISCUSSION PURPOSES ONLY 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. Cusl;. - ' ' ChiS. A. 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- B. Pursuant to Section 18(E) of Ordinance No. local office, as defined in Section 18(B) of Ordinance No.__ , Franchisee agrees to operate its ., so as to be opened for access by customers during Monday through Friday 8:30 a.m. - 5:00 p.m. and Saturday 9:00 a.m. - 12:00 noon, at minimum. It is hereby recognized that all of Franchisees subscribers within the City are currently served through bulk contracts. If, at any time during the term of this agreement, Franchisee serves five hundred (500) or mom subscribers within the City on an individual basis, upon written request of the City Manager, Franchisee shall extend the aforestated office hours to include one evening per week until 9:00 p.m. 27 DISCUSSION PURPOSES ONLY Section 27. CiW Purchase_of Cable Syslera. 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. Modification of Franchise. 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 application shall fully conform with each of the requirements set forth in that Section that apply to applications for modification. Section 29. Transferxff Franchise. 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- . However, 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 28 DISCUSSION PURPOSES ONLY Franchisee in full compliance with Sections 9 and 23 of Ordinance No. 97-20 as amended by ordinance No. 98- Section 30. Pr~eedores for ReqR~di~_~jlp~of Trans£er. 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 htmdred twenty (120) calendar days prior to the contemplated effective 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 29 DISCUSSION PU S S ONLY whole or in part by the proposed transferee. (d) A detailed and complete financial statement of the proposed transferee, prepared by a certified public accotmtant 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 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 fi-anchise(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 bom the City Manager, a detailed pro forma financial plan describing for each remaining year of the franchise, the projected number of subscribers, rates, ali revenues, operating expenses, capital expenditures, depreciation schedules, income statements, and 30 DISCI SION PUR ES ONLY statement of sources and uses of funds. Where the transfer is part o~' 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 thc 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: (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 thc new areas to be served, and thc 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. Rene~v~aLof Franchise. 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), 31 nR DISC $ION PIJRI S S ONLY 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. Rates. 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 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. Seratrity~und. 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 32 FOR DISCUSSION PURPOSES ONLY 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- 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, 33 DISCU'SSION PURPOSES ONLY Franchisee shall pay the City the amounts of ali 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 he 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 kanchise or other enforcement action by the City. 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 rights 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 right with respect to the security fund will affect any other right the City may have. Section 34. Enforcement Remedies. 34 DISCUSSION PUR SES ONLY A. LiquidatedDamages. 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 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 rules 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 35 FOR DISCUSSION PURPOSES ONLY 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, 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 fired 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. P, evocation or Terrainatton 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-In terconnection. A. The City may request Franchisee to interconnect with any or all other cable systems FOR DISCUSSION PU S S ONLY 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 connection, 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 intemonnection link may be shared equitably among the systems. 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 intereonnection; or (2) the cost of the intercormection ~vould 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. Written Notice~f Acceptance. 37 DISCUSSION PURPOSES ONLY 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. Execntio~par~. This Franchise Agreement may be executed in counterpart. 38 FOR DISCUSSION PU OSES 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: 39 CITY OF AVENTURA ~O, of EX¢e Ordinance 96-09 Disclosure of Site Visit, Investiqation, Expert Opinion Agenda Item: Item No. ~/'~ of (~-~, ~ ~ , 199~' the Aventura City Commission· agenda of Date o~Visit, InvesJigation~or Receipt of Expert Opinion: Nature of Contact: (check as applicable) Site Visit Investigation Expert Opinion Substance of Contact: /? , ~ __ Identit;~n Perso2~adici ..n in Contact Y Y ~:~g/. ~ ~ : Filed this /~ day of Respectfully, Commission or Board Member Receiving Communication: / ~, · ~ Nam~ '~.~/ ........ ~:~.. ~  Signat~bre ,~ '-~" ~ Clerk / Secretary CITY OF AVENTURA Ordinance 96-0~9 Disclosure of Verbal Contact Agenda Item: Item No. ~,/J~ of 199 ~. agenda of the Aventura City Commission. Date of Verbal Communication: Identity of Person or Entity Making Communications; Subject and Subslance, of Communication: Respectfully, Commission or Board Member Recei~.ng Communication; _ Name " ' Filed this day of Clerk / Secretary CITY OF AVENTURA Ordinance 96-09 Disclosure of Verbal Contact Agenda Item: ~?~' Item No. $/~ of 199 ~:--- agenda of the Aventura City Commission. Date of Verbal Communication: ~//~ / q ~- Identity of Person or Entity Making Communication: Subject and Substance of Communication: Filed this day of Respectfully, Commission or Board Receiving Communication: Name '~ '~ ~ .... Signature Member Clerk / Secretary MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma v. Ferbeyre, who on oath says that she Is the Supervisor, Legal Notices of the Miami Daily Business Review frk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA PUBLIC NOTICE OF PROPOSED ORDINANCE APRIL 7, 1998 RE: ORDINANCE AMENDING ORDINANCE NO. 97-20, ETC. in the ...................... ,~ ~7~.~,,~ ....................................... Court, was published in said newspaper In the issues of Mar 20, 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 Dada County, Florida, each day {except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of .advertisement; and affiant further says that she has neither paid nor promised any per ' or corporation OnfewSe~cl~'~u~ this adverti~~on in the Said any disco t, rebate, commies' or the purpose ........ da of ..................................... , A.D. 19 ...... ................ ~.~-..~.../..~. (,.~K'. ..... ~. ~'J,.. ~', ~-~-~ .II/~O T A R Y SEAL {SEAL) / ~' ~r~'~,~r~ ~"~ COMMI~.~ON NUMBER Octelma V. Ferbeyre pers~ona, ~e.'~ CC566004 OF F'~© JUNE 23,2000 CiTY OF AVENTURA PUBLIC NOTICE OF PROPOSED ORDINANCE NOTICE IS HEREBY GIVEN that on Tuasday, the 7th day of Apdl, 1998, at a meeting of the City Commisaion of the City of Aventura, to be held at 6:00 p.m. in the Commis~-~n Meeting Room at the Columbia Aventura Hospital and Medical Center, 21110 Biscayne Boulevard, Suite 101, Aventura, Florida, the City Commission will consider the adoption of the following Ordinances on sacend reading, enticed: 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, I, K, Q AND S; PROVIDING FOR CONFMCTS; PROVIDING FOR SEVERABIUTY AND PROVIDING AN EFFECTIVE DATE. 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 CABLEVlstON 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. The proposed Ordinances may be inspected by the public at the Of- rice of the City Clerk, 2999 N.E. 191ct Street, Suite 500. Aventura, Florida. Interested parties may appear at the Public Hearing and be heard with respect to the proposed Ordinances. Any person wishing to addrasa the City Commission on any item at this Public Hearing is asked to register with the City Clerk prior to that item being heard. In accordance with the Americans w~th Disabilities Act of 1990, all parsons who are disabled and who need special accommodations to pe~cipeto in this proceeding because of that disability should contact the Office of the City Clerk, 466-8901, not later than two business days prior th such proceedings. If a person decides to appeal any dac~sion made by the City Commission with respect to any matter con~;lered at a meeting or heering, that person will need a record o! the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to he based. Dated March 20, 1998. Terash M: Smith, CMC, City Clerk 3/20 98-4-032055M MIAMI DALLY BUSINESS REVIEW Published Dai~y 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/IrJa Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA PUBLIC HEARING 4/7/98 APPLICATION NO. 03-SP-98 AND 07-SP-98 in the ...................... ~2F.2~,.~1~[ ................................Court, was published in said newspaper in the issues of Mar 27, 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 preceding 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 i!Yws ed ,cSuCr ? u n t; hriesbaatde,~ eCrm:em ,mSeSiO n ................. ~~m~s~ ~~~"~"/~'°r n da~iO¢ rnthi ne tP~er p o~s~ s and subs 2 7 ........ day of .................... ~ ................... , A .1 ...... ............ ....../ (SEAL)' ~0~_~/~_ .~/~ JANETT Octe,maV. Fe<ey,epa, CC,600 CITY OF AVENTURA NOTICE OF PUBLIC HEARING DATE AND TIME OF PUBLIC HEARING: Tuesday, April 7, 19~8 6:00 p.m. Pappaa Properties, Inc. and the Florida Department of Transportation (FDOT) The applicants are requesting Site Plan approval in co~junctico with the following non-use vahences aa prompted by the Flor- ida Department of Transportation (FOOT) taking of a portion of the subject property:. 1) a non-use varianes of setback requirements; and 2) a non-ese vadance of open space requirements. Such site plan will suparcede APPLICANT NAME: APPUCANT REQUEST: APPUCATION NUMBER: 03-8P-98 and 07-SP-98 ~ LOCATION OF SUBJECT PROPERTY: 18955 Biscayne Boulevard (a.k.a. Cove of Biscayne Shopping Ce~tsr) LEGAL DESCRIPTION: A portk3n of the Southwest ¼ of Section 3. Township 52 South. Range 42 East. Lesg- thy legal description, yo~ may contact the Aventura Community Development Depart- merit for the complete tsgal description. SIZE OF SUBJECT PROPERTY: Approximately 2.475 acres Plans are oh file and may ho examined during regular business hours in the City of Aventura, Community Development Department, - 2999 NE 191 Street, Suite 500, Aventura, Florida, 33180. Plans may be modified at or before the Public Hea~ing. The application may change during the hearing process, The Public Hearing will be held at Columbia Aventura Medical Arts Building, 21110 Biscayne Boulevard, Suite 101, Aventura, Florida, , 33180. Your comments may ho made in person at the hearing or filed in writing prior to the hearing date. Refer to applicant/property on correspondence and mail same to City of Aventura, Community Development Department, 2999 NE 19t Street, Suite 500, Aventura, Flor;da, 33180. For further information, please call (305) 466-8940. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who nesd special accommodations to participate in this proceeding because of that disability should contact the Office of the City Clerk, 466-8901, not later than two business days prior to such proceedings. if a person decides to appeal any decision made by the City Council with respect to any matter considered at a meeting or hearing, that 'person wilt need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record ir~udes the testimony and evidence upon which the appaat is to be based. Teresa M. Smith, CMC, City Clerk 3/27 98-3-0327'/4M 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, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA PUBLIC HEARING 4/7/98 APPLICATION NO. 01-UU-98 in the ...................... XM.M.X M M.~L ...............................Court, was published in said newspaper in the issues of Mar 27, 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 Dede County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of .advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discou t, rebate, commissio for the purpose Octelma V. Fert)eyre personally, ~.e~ co~alalSS~o~ CITY OF AVENTURA NOTICE OF PUBLIC NEARING DATE AND TIME OF PUBLIC HEARING: Tuesday, April 7, 1998 6:00 pm APPLICANT NAME: Nextel APPLICANT REQUE~T: ~ applicant is requesting a non-use variance to install an equipment shelter which exceeds the allowed height for rooftop telecommunication equipment at 2875 NE 191 Street. APPLICATION NUMBER: 01-UU-98 LOCATION OF SUBJECT PROPERTY: 2875 NE 191 Street LEGAL DESCRIPTION: Lengthy legal description - You may contact the Community Development Oepadment for tbe complete legal description. Plans are o~ file and may be examined during regular business hours in the City of Aventura, Community Development Department, 2999 NE 191 Street, Suite 500, Aventura. Florida, 33180, Plans may be medified at or defora the Public Headng. The application may change during the hearing process. The Public Hearing will be held et Columbia Aventura Medical Arts Building, 21110 Biscayne Boulevard, Suite 101, Aventura, Florida, 33180. Your comments may be made in person at the hearing or filed in writing prior to the headng date. Refer to applicantJproperty co cerrespondence and mail same to City of Aventura, Community Development Department, 2999 NE 191 Street, Suite 500, Aventura, Florida, 33180. For further information, please call (305) 466-8940. in accordance with the Anmricans with Disabilities Act of 1990, all PUBLISHED DAILY MIAMI-DADE-FLORIDA Thel'v1iami Herald Publishing Company I STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared: HIRAM LOPEZ who on oath says that helshe is" CUSTODIAN OF RECORDS of The Miami Herald, a daily newspaper published at Miami in Dade County, Florida; that the attached copy of advertisement was published in said newspaper in the issues of: f I ~ \.,~ied 1"f"AQI..J ()IAryh 2~SI Iqq~ Affiant further says that the said The Miami Herald is a newspaper published at Miami, in the said Dade County, Florida and that the said newspaper has heretofore been continuously published in said Dade County, Florida each day and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing " this advertisement for publication in the said newspapers(s). 'M1 e 1---1, 4 In t4e (/lld Sworn to and subscribed be ore DAY OF ,1998 VIllGINlA J CAUON, A N(1fAF:i l'UBlJC Sl'ATE ~~ NNO.........- lOO',ocr.17 My Commission Expires: _October 17,2001 Virginia J Gallon \. )11l' I kl',lld !'Luc), \li,ul11, Flllndtl _~"',l.~.:.'.-ihl)~) 1,\(1::;) .T::;l)-211 [ CITY OF AVENTURA NOTICE OF ADOPTION OF ALCOHOLIC BEVERAGE ORDINANCE The City of Aventura proposes to adopt the following Ordinance: 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. A Public Hearing for second reading of the ordinance will be held Tuesday, April 7, 1998, at 6 p.m. at the Aventura Medical Center, located at 21110 Biscayne Boulevard, Suite 101, Aventura, Florida. The proposed Ordinance may be inspected by~ the public at the or.the City Clerk, 2999 N.E. 191~ Street, Suite~500, Aventura~/Florida.;''~ Interested parties may appear at the Public Hearing and be heard with, respect to the proposed ordinance. Any person wishing to address the~ City Commission on any item" at ~this Publi~ ,Hearing is asked to register with the City Clerk prior to that item being heard. In accordance with the Americans with Disal~i~ities Act of 1990, all persons who are disabled and who need special accommodations to par:',cipate in this proceeding because of that disability should contact the Office of the City Clerk, 466-8901, not later than two business days prior to such proceedings. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Dated this 25th day of March, 1998 Teresa M. Smith, CMC City Clerk '