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07-07-1998 CC Meeting Agenda City of A ventura Citv Commission Arthur L Snyder, Mayor Ken Cohen, Vice Mayor Citv Manafter Eric M. Soroka Arthur Berger Jay R. Beskin Barry Bolzberg Jeffrey M. Perlow Patricia Rogers-Libert Citv Clerk Teresa M. Smith Citv Attornev Weiss Serota Belfman Pastoriza & Guedes AGENDA Commission Meeting July 7, 1998 - 6:00 P.M. A ventura Medical Arts Bnilding 21110 Biscayne Bonlevard Snite 101 Aventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M. QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon these items, please indicate the item number you would like to address when the announcement regarding the quasi-judicial item is made. You must be sworn before addressing the Commission, and if you wish to address the Commission, you may be subject to cross-examination. If you refuse to submit to cross-examination, the Commission will not consider what you have said in its final deliberations. DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS PURSUANT TO ORDINANCE 96-09 A. APPLICANT: HIDDEN BAY ASSOCIATES n (Applicant has withdrawn this application with prejudice III accordance with Miami-Dade County Code Section 33-304) B. APPLICANT: DREW WOLF (It is anticipated that this item will be deferred at the request of the Applicant) July 7, 1998 Commission Meeting C APPLICANT: ROBERT LANSBAUGH (Application in omplete. Deferred to August 4, 1998 Commission Meeting) D. A RESOLU ON OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA GRANTING APPROVAL OF PROPERTY CURE FOR EMINE T DOMAIN PROCEEDINGS FOR PROPERTY LOCATED AT 19915-19 25 BISCAYNE BOULEVARD; GRANTING A NON-USE VARIANCE F OPEN SPACE REQUIREMENTS TO WAIVE 0.58% OF THE REQU D 14% OPEN SPACE WHERE 13.42% OPEN SPACE IS PROPOSED; GRANTING A SIGN VARIANCE TO PERMIT ONE (1) MONUMEN SIGN LARGER THAN THAT ALLOWED; DENYING A SIGN VA CE FOR ONE (1) DIRECTIONAL SIGN LARGER THAN THAT ALLO ED; PROVIDING AN EFFECTIVE DATE. E. MOTION T WAIVER F OUTLINED 1998. APPROVE REQUEST BY JOSEPH B. KALLER FOR OM MORATORIUM, SUBJECT TO CONDITIONS AS CITY MANAGER'S MEMORANDUM DATED JULY 2, Commission Meeting COllllllission Workshop June 9, 1998 June 30, 1998 4. APPROVAL OF MINU ES: 5. AGENDA: Request for eletions/Emergency Additions 6. SPECIAL PRESENTA ONS: Proclamation in memory of William W. Heiberger 7. CONSENT AGENDA: A. A RESOLU ON OF THE CITY COMMISSION OF THE CITY OF AVENTURA FLORIDA OPPOSING U-TURNS AT THE INTERSECTION OF THE NTRANCE TO POINT EAST CONDOMINIUM AND BISCA YNE OULEV ARD; AND PROVIDING AN EFFECTIVE DATE. (Expresses op osition to the establishment of u-turns on Biscayne Boulevard at the entrance t Point East Condominium) B. A RESOLU ION OF THE CITY COMMISSION OF THE CITY OF A VENTURA FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE HE ATTACHED INTERLOCAL AGREEMENT BETWEEN MIAMI-DA E COUNTY AND THE CITY OF A VENTURA FOR JOINT COMPLETI N OF A LOCAL MITIGATION STRATEGY; AND PROVIDING AN EFFECTIVE DATE. 2 July 7, 1998 Commission Meeting (Authorizes C ty Manager to execute lnterlocal Grant Agreement for hazard mitigation stu ) C. A RESOLU ON OF THE CITY COMMISSION OF THE CITY OF A VENTURA FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE, SUBJECT T ANNUAL REVISION AND AUTHORIZATION, THE CITY OF A VEN CAPITAL IMPROVEMENT PROGRAM DOCUMENT FOR FISCA YEAR 1998/99 TO 2002/03; AUTHORIZING THE CITY MANAGER 0 DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF IS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (Accepts and pproves, in principle, the CIP document for fiscal year 1998/99 - 2002/03) D. ON OF THE CITY COMMISSION OF THE CITY OF FLORIDA, AUTHORIZING THE ACCEPTANCE OF AN IMPLIED 0 R OF DEDICATION BY STEVEN G. LEVINE, TRUSTEE AND INDIV UALLY FOR A PORTION OF NORTHEAST 191sT STREET IN THE CITY OF A VENTURA, MIAMI-DADE COUNTY, FLORIDA. (Authorizes ac eptance of additional 10' right-of-way on NE 191" Street) E. A RESOLU ION OF THE CITY COMMISSION OF THE CITY OF A VENTURA FLORIDA, PROVIDING FOR ACCEPTANCE OF DEDICATIO OF PUBLIC ROAD RIGHT OF WAY FOR NORTHEAST 35TH AVEN E IN THE CITY OF AVENTURA; AUTHORIZING CITY MANAGER TO OBTAIN AND EXECUTE DEDICATION; AUTHORIZ G ACCEPTANCE OF DEDICATION; PROVIDING FOR EFFECTIVE DATE. (Accepts dedi ation ofNE 35th Avenue from private to public road) 8. PUBLIC HEARING: RDINANCES - SECOND READING: A. AN ORDIN NCE OF THE CITY COMMISSION OF THE CITY OF A VENTURA FLORIDA, AMENDING ORDINANCE NO. 97-25, WHICH ORDINANC ADOPTED A BUDGET FOR THE 1997/98 FISCAL YEAR BY REVISIN THE 1997/98 FISCAL YEAR OPERATING AND CAPITAL BUDGET A OUTLINED IN EXHmIT "A" ATTACHED HERETO; AUTHORIZ G THE CITY MANAGER TO DO ALL THINGS NECESSAR TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDIN FOR AN EFFECTIVE DATE. B. NCE OF THE CITY OF A VENTURA, FLORIDA G INTERIM SERVICE FEES FOR PROPERTIES NOT 3 July 7, 1998 Commission Meeting YET INCLU INCLUSION PROVIDING DATE. D IN THE COUNTY'S TAX ROLL; PROVIDING FOR IN THE CODE; PROVIDING FOR CONFLICT; OR SEVERABILITY; AND PROVIDING AN EFFECTIVE 9. RESOLUTIONS: A RESOLUTIO OF THE CITY COMMISSION OF THE CITY OF A VENTURA, F ORIDA, PROVIDING FOR ADOPTION OF INTERIM SERVICE FEES STUDY DATED JUNE 1, 1998 PREPARED BY TISCHLER AND ASSOCIA S, INC., ATTACHED HERETO AS EXHmIT A, AND INTERIM SER ICE FEE SCHEDULE INCLUDED THEREIN, PURSUANT TO ORDINANC NO. 98-_; AUTHORIZING THE CITY MANAGER TO DO ALL THIN S NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; ND PROVIDING AN EFFECTIVE DATE. 10. OTHER BUSINESS: COMMUNIC TION BY COMMISSIONERS PRIOR TO PUBLIC HEARING (C mmissioner Perlow) 11. REPORTS 12. PUBLIC COMMENTS 13. ADJOURNMENT EETINGSIEVENTS: BUDGET REVIEW MEET JULY 20, 1998 9AM* COMMISSION WORKSHO JULY 20,1998 Immediately following budget review meeting COMPREHENSIVE PLAN PUBLIC HEARING JULY 20, 1998 7PM *Govemment Center 2999 NE 19 "Street Suite 500 This meeting is open to the public. In accor ce with the Americans with Disabilities Act. of 1990, all persons who are disabled and who need special accommodations to participate in this meetin because of that disability should contact. the Office of the City Clerk, 466~890 1, not lat<<than two days priorto sum proceeding. Agenda items may be viewed at the Office fthe City Clerk, City of Aventura Government Center, 2999 NE 191M Street, Suite 500, Aventura, Florida, 33180. Anyone wishing to obtain a y of any agmda item should contact. the City Clerk at 466-8901. Anyone wishing to appeal any decision made y the Aventur8 City Commission with respect to any matter oonsidered at sum meeting or hearing will need a record of the proceedings and, for su pmp08e, may need to ensure that a verbatim record of the proceedings is made, whidt record includes the testimony and evidence upon whicl1 the eat is to be based. 4 uHf~~f~D . T " ,j I< " E ) ~ -' 1 , '" I~~~~ID I~ S. K7Ucha (305) 579-()837 July 2. 1998 VH BA"ffi DELIVERY Ms. Brenda Kelley Interim Commllnit)' Developm t lliecwr Ciry of Aventura 2999 N.E. 19151 Street, Suite 00 A ventUra, Florida 33180 Re Hidden Bay Withdrawal of cines U - Public He.uing Application ~(). 03-V.AR-98 _ plication Dear Ms Kelley Pursuant to Section 33- Aventura, by this lerrer Hidden application for non-use varianc Hearing Application No. 03-V fonh in Section 33-304(a). notification ofwithdrawalluls b submittal of the application. 04 of the Code of Miami-Dade CoUIll), as adopled by the Ciry of ay Associates IT (the .Applicant") hereby fonnally withdraws its originally submitted on April 14, 1998, and described by Public -98, with prejudice, subjecl to the cime !imitation exemptions set accordance the pro"isions of Section 33-304, this wrinen execuIed by the Applicant in we same manner as we anginal I would greatly appr acknowledging we withdrawal address Ie it if you would sign the enclosed copy of of the application, aJ.Id return it to my anemion at wi, lerrer the below marrer. at (305) 579-0837 if you nave any questions regarding this Veryqulno~ .. .//~/ i ,. /:;::> I // T' ./ -..:~ A1Alf S Xnscher cc: Mr. Eric Soroka David W nlpin, Esq. Clifford A Schulman, Esq Giif:L"lbe It(; tlA,t tlh; H"i~'Ai!....... LJJ'(,f.' R,,)<:.....1 \,il ~~,tJ... P.-\ I::?:? I BRI(aEll.-\v,E:\l !.(I_UlI. f':,,~U{)... 33131 3u5-S-'J U:;'H) }-.i 30; 574 1):1- Ml..,..u ,'[';- {'fl'.. '.:r"',i'lI',<,T'", D,L ?tll~..0~Lj''',; ~") p"!,, r',1I0' l",L'DEitlJA,Li: \li~:" (>..Uol flt:.,',!1 OtlL"'P" T'L:,C""oi~L l:i'_h..< R"':'j,' CITY OF AVENTURA COM UNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commis ion BY: Brenda Kell Com unity Development Directo~ FROM: Eric M. Soro a, . DATE: SUBJECT: Request by Drew Wolf for Multiple Approvals associated with the proposed re il center at 17866-17870 Biscayne Boulevard. Application umber: 03-MA-97B July 7,1998 City Commi sion Meeting Agenda Item ~ ~ B This item was deferred fr m the June 9, 1998 City Commission meeting. The applicant's Attorney as requested that this item be deferred so that the applicant may reconsider the appli tion in order to resolve the outstanding issues associated with this application. (Se attached letter) Istaff reportslO3-MA-97B Drew Wolf 0 798 WE P LILLI....N AAANGO OE LA HOZ. MITCHELL A.. eJER""AI'l NINA '-. BONISKe CANIEL.M. COULTOFF MICIoIELLE M. GALLAR.DO ..,l~NNIFER GOM.BE.ftG EOWARO G. GUE.OES STEPMEN oJ. H~LF'MAN .JOMN'R. HS::~IN, JR. R08!:l!tT W. HOLl..ANO. .JILL A. .JARKE$Y'" GIL8E:RTO PA5TORI4A ELLEN N. SAUL" GAIL D. S~AOTA. .JOSfZPM .... SEF:l:OTA DANIEL A.. ~1SS;. RICHA.RD .JAY WEISS DAVIO' M. WOLF'IN STEVEN W. 'ZELI(OWI1"% 55 SEROTA HELFMAN 5TORIZA & GUEDE5, EA. ATTORNEYS AT LAW 2665 SOUTM eAYSHORE ORIV~ SU ITE 420 MIAMI, F"LOlltIOA 33133 DROWAFfO OFFICE 886 EAST LAS OLAS BOUl.E;;VARD SUITE 710 FORT LAUOc:l!itOALE, I""LORICA ~.:a301 TEL.EPHONE (954) 7@3-1189 TELE~HONE: (305) 854-0600 TEL.EC;OPIE;R (30&> eS4-2323 WWW.W$H~FI..AI.AW.COM PALM BEACH Of"f'"'CE;; 1872 SOUTtiWEST 17T~ STREET BOCA RATON. FLOFUOA. 33466 TELEPHONE (6SD 39Z-el75iil TELECOPJE:R (SSI) 3$2.-75$1 .Of" COUNseL July I, 1998 Stanley B. Price, Esq. Bilzin Sumberg Dunn Price & Axelrod LLP 2500 First Union Financial enter 200 South Biscayne Blvd. Miami, FL 33131 Re: Drew Wolf; 7866-17870 Biscayne Blvd. A ventura, F orida (the "Property") Dear Stan: We have reviewed your letter of June 16, 1998, concerning the above referenced matter, in which you adv ate the position that the redevelopment of the Property does not require variances and may e done as of right. After review of this matter, I must advise you that we concur with the . gs of the staff of the City of Aventura Community Development Department that a variance from the zoning code is indeed required for the redevelopment of the Property. suggest that the necessary variances be pursued or that a revised redevelopment plan be prop sed. I believe that upon consultation with the City sraff, a revised plan of redevelopment whi h substantially modifies or eliminates the nature and scope of the necessary variances may be achieved, in a manner facilitating redevelopment. Please contact the C ty Manager at your earliest convenience so that his staff may work with you on this matter. ZOO/1!i .:mlll V~01l3S S131\ 9S :n 96/10lLO Stanley B. Price, Esq. July 1, 1998 Page 2 Please call us if ther are any questions on the above. Sincerely, I.. A.. r ~. ". ~ ~ f-"-l. David M. Wolpin DMW/cmb 328001 cc: Mr. Eric M. Soroka City Manager Ms. Brenda. Kelley, ommunity Development Director Richard Jay Weiss, sq. Stephen J. Helfman, Esq. EISS SEHOTA Hl::Ll'MAN PASTOHlZA & GUEDES, P.A. C66ilJ dl3H VlO~3S SI~ 6S:tl G6/10/LO BILZIN UMBERG DUNN PRICE & AxELROD LLP A PAIltTNCASH'''' 0'" ""O"'I:!Il!1I0NAI.. AA80CIATIQN, esoo V'IIWT UNION "IN"'N~I"'1. CENtER i!OO OUTH fllGCATNt eOUI..f;VA"C1' HIAHI, '",OIltIOA 33131-2339 TELEPHONE: 130,13,L'58O. IP""'O.'IL%IN.CDM rAJ( I~O!lJ~"4.7!!593' eJIIOWl'Rb CSi!;414.6i!-6800 $TAHl.EY .. ~RleE. ~.A. ClI"ECT DIAI.130!5J350023'T'" I;:-NAIL 1CIrioI.~.CO/I'I June 29, 1998 BY FAX Hon. Eric Soroka City Manager City of Aventura 2999N.E.191 St.,5thFIr. Aventura, FL 33180 Re: Request by rew Wolf for Multiple Approvals Associated with the Pro osed Retail Center at 17866-17870 Biscayne Blvd. Your Applic tion No: 03-MA-97B Dear Mr. Soroka: In furtherance of our recent meetings and conversations, I am hereby respectfully requesting your support in conjunction th the request to defer the above-styled matter from your July 7, 1998 agenda. My client has a ed to pursue possible demolition and/or relocation of the existing structure as a means of resol . ng the outstanding issues associated with this application. This letter should not be construed, in y fashion, as a means.of considering any appropriate legal arguments which may be applicable fo the subject property. We pledge to you 0 continued cooperation in trying to resolve the outstanding issues associated with this applica on. Cordially, SBP:cm cc: Drew Wolf Brenda Kelly G:\OMS\ 1353611 0847\0196521.01 6/29/98 "('or. '1 ...." ".., '''''''''''''.''''' '..,.......,.... T" AT !,..,....."\"r ." ....,,,^. CITY OF AVENTURA COM UNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commis ion SUBJECT: Request of Aventura Self Storage, I.p. for modification to previous approval on Sign Variance. Application umber: 08-SV-98 unity Development Directff FROM: BY: Brenda Kell DATE: July 7,1998 City Commi sion Meeting Agenda Item 3-c... Staff requests that the Ci y Commission defer this application to the public hearing of August 4, 1998 in order t obtain outstanding information required to proceed with the application. Furthermore, the City Att rney has requested deferral of this item to the next agenda, to enable review of the e rlier hearing. The applicant consents t staff's request to defer this item. Istaff reportsl08-SV-98 Aventura Self orage 070798 CITY OF AVENTURA COM UNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commis ion FROM: Eric M. Soro a, City BY: DATE: SUBJECT: Request of iscayne Retail Partners, Ltd. for Site Plan approval and Non- use Varian s associated with the taking of property by FOOT located at 19915 - 199 5 Biscayne Boulevard (09-SP-98 and 04-VAR-98) July 7,1998 City Commi sion Meeting Agenda Item 3 ~ b RECOMMENDATION It is recommended that t e City Commission take the following actions with conditions as outlined herein: 1) Approve the request or a non-use variance of open space not less than 13.42%; and 2) Approve the request f r a monument sign not to exceed 144 sq. ft. in area and 18 ft. in height located alon the west property line; and 3) Deny the request for directional sign, which exceeds the maximum size allowed by the Code. THE REQUEST The applicant, Biscayne R tail Partners, Inc. is requesting Site Plan approval and Non- use variances for the roperty known as Aventura Boulevard Shopping Center (Border's/Linen's/Chili's). he request is being made to cure Non-conformities created by FDOT's acquisition of portion of the subject property and to mitigate the impact of the overpass on business isibility. The variances requested are as follows: of the Miami-Dade County Code requiring 14% (Provision of 13.42% landscape open space is 1. Variance from Chap er 33 landscaped open s ace. proposed). 2. Variance from Sign than 48 sq. ft. in are monument sign.) rdinance No. 97-17 permitting monument signs no greater and 8 ft. in height. (Provision of 144 sq. ft. and 18' high 3. Variance from Sign rdinance No. 97-17 permitting directional signs no greater than 4 sq. ft. in area and 3 ft. in height. (Provision of 27.5 sq. ft. and 5'-6" high directional sign.) BACKGROUND OWNER OF PROPERTY APPLICANT ADDRESS OF PROPER Y SIZE OF PROPERTY LEGAL DESCRIPTION Zoning - Biscayne Retail Partners, Ltd. George Berlin 19915 - 19925 Biscayne Boulevard (See Exhibit #2 for Location Map) Approximately 5.92 acres Tract "A-12" of "Aventura 12th Addition" according to the plat thereof, as recorded in Plat Book 146 at Page 19 of the Public Records of Dade County, Florida. BU-2, Special Business District BU-2, Special Business District; RU-4, High Density Apartment House District BU-2, Special Business District BU-2, Special Business District Biscayne Boulevard and the FEC Railroad Subject Pro erty: Property to he North: Property to he South: Property to he East: Property to he West: 2 Existing Land Use - Subject Prop rty: Property to t e North: Property to t e South: Property to t e East: Property to t e West: retail uses multi-family residential retail and office uses retail and office uses Biscayne Boulevard and the FEC Railroad Future Land Use - Accor ing to the Adopted 2000 and 2010 Land Use Plan for Metro- Dade County, Florida, the ollowing properties are currently designated as follows: Subject Pro rty: Property to t e North: Property to t e South: Property to t e East: Property to t e West: Business and Office Business and Office Business and Office Business and Office Biscayne Boulevard and the FEC Railroad The Site - The subject ite is located at the northeast corner of Biscayne Boulevard and Aventura Boulevard ( ee Exhibit #2 for Location Map). The site consists of retail uses, which include Bord rs, Linens & Things and Chili's. The Project - The tate of Florida Department of Transportation (FOOT) has acquired a strip of the su ject property, varying from 30' to 70' in width along the west (front) property line. The aking of land has decreased the amount of open space from 21.49% to 13.42% (14% r quired). The proposed cure plan provides for only a slight reconfiguration of the front of the parking lot. The main dri eway has been shifted to the north at the request of FOOT so as not to interfere with he grade separation of the overpass ramp. The existing monument sign is to be elocated further to the south and raised so that it is visible from the overpass as ve icles are traveling south. A directional sign, which is larger than that allowed by Cod ,is proposed at the relocated northern entrance. Background - Befo the property was originally platted and developed, FOOT gave the property owner heir right-of-way requirements for Biscayne Boulevard based on preliminary plans. Th property owner then reserved the requested amount of right- of-way by making this fro t strip of land extra landscaped open space. However, when FOOT developed more d tailed plans of the overpass, it was determined that additional land for right-of-way was needed to accommodate a wider two-lane access road under the overpass. 3 ANALYSIS Consistency with Comp hensive Master Plan - The request is not inconsistent with the Dade County Co prehensive Development Master Plan. Citizen Input - The ommunity Development Department has not received any written or verbal comment regarding this application. Review b s: DERM _ DERM has viewed the subject application and has determined that it meets the minimum requi ements of Chapter 24 of the Code of Miami-Dade County, Florida... Additionally, D RM has also evaluated the request insofar as the general environmental impact th t may derive from it and after reviewing the available information offers no obje ion to its approval. FDOT - Florida Dep rtment of Transportation (FDOT) has been notified of the present application, con istent with the requirements of Ordinance No. 97-21, and FDOT is supportive of thi application. nts Landscape Architect - The City Landscape Architect has approved the proposed Landscape Plan. t Department Analysis - Re uest #1: 14% landsca proposed). ter 33 of the Miami-Dade Coun Provision of 13.42% landsca e Criteria The City Commission a opted Ordinance No. 97-21 providing for the policy and procedure concerning N -Conformities created by governmental acquisition of private property. Section 6.1 of he 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 ccording to the criteria: 1) The requested varia ce(s) will not adversely affect visual, safety, aesthetic or environmental chara teristics of the community. The requested open spa e variance is very minor and would not adversely impact the visual or aesthetic chara er of the community. 4 2) The requested varian e(s) will not adversely affect the safety of pedestrians or the safe operation of otor vehicles. The requested open spa variance will not adversely affect the safety of pedestrians or the safe operation of m tor vehicles. The cure plan has been approved by the City Engineer. 3) The requested varia ce(s) will not cause motor vehicle parking shortages which adversely imp ct the community. The cure plan continue to provide for adequate parking consistent with Code requirements. 4) The requested varia ce(s) will not encourage or promote the continuation of existing uses of the roperty which have been or will be rendered unfeasible or impractical due t the acquisition and/or construction of the roadway or other public facility i eluding, but not limited to, aesthetic, visual, noise, dust, vibration, safety, Ian use compatibility and environmental impacts. The cure plan submitte will not render the use of the property unfeasible or impractical. Re uest #3: Variance f om Si n Ordinance No. 97-17 ermittin directional si ns no reater than 4 s . ft. in a ea and 3 ft. in hei ht. Provision of 27.5 s . ft. and 5'-6" in height.) Criteria The criteria for approval of Sign Variances as required by the City of Aventura Sign Ordinance (No. 97-17) re uire: The sign variance m intains the basic intent and purpose of the regulations, particularly as it affect the stability and appearance of the City and provided that the Variance will be therwise compatible with the surrounding land uses and would not be detri ntal to the community. No showing of unnecessary hardship is required. 5 The requested variance r one (1) Monument Sign 18' high does not preserve or enhance the unique aest etic character of the City. However, staff believes that the additional height is warra ted due to the lack of visibility from the overpass, which is elevated at approximately 5 feet. The applicant is concern about visibility of the sign to drivers coming from the west on Ives Dairy Road and hading south via the ramp onto Biscayne Boulevard. These vehicles must cross three 3) lanes of traffic (in less than Yo mile) to get into the turning lane for Aventura Bouleva d and enter the shopping center. The sooner the monument sign is seen, the sooner a vehicle can cross the lanes of traffic. If the sign is not seen until the vehicle is bac at grade, the turn onto Aventura Boulevard would be unfeasible. The elevation renderings submitted with this application show what a driver will see as the vehicle a proaches, heading south both 836' and 771' away from the sign. Staff realizes that the ove pass will likely have a negative impact, in terms of visibility, on commercial uses in th area. The visibility of the Aventura Shopping Center from the north is greatly re uced by the overpass. As the economic development department of the City, S aff believes that the City must take measures to insure the continued success of b inesses that may be affected by the construction of the overpass. Since it is the i tent of the Sign Ordinance to authorize the use of signs that are legible under the circ mstances in which they are seen, staff supports the request for a larger monument sig in this case. Staff does not support th request for one (1) Directional Sign larger than that allowed by Code. Traffic approa hing the property from the south will first pass the proposed 18' high monument sign, which clearly identifies the property and business uses. A directional sign consiste t with Code requirements is sufficient to notify northbound traffic of the relocated ent ance. Citizen Comments The Community Develo ment Department has not received any written citizen comments. RECOMMENDATION It is recommended that t e City Commission take the following actions with conditions as outlined herein: 1) Approve the request or a Non-use variance of open space not less than 13.42%; and 2) Approve the request f r a monument sign not to exceed 144 sq. ft. in area and 18 ft. in height located alon the west property line; and 6 3) Deny the request for a irectional sign, which exceeds the maximum size allowed by the Code. STANDARD CONDITION 1. Plans shall substantiall comply with those submitted as follows: . "Aventura Boulevard hopping Center Cure Site Plan for F.D.O.T. Taking Parcel 102", Dwg. No. SP-1 r, prepared by Arc-Tech Associates, Inc., dated revised 06-16- 98. 2. Applicant shall obtain uilding permits within 12 months of the date of the settlement of the eminent domain proceedings of the site plan and variances granted shall be deemed null and void nless extended by a motion of the City Commission. PROJECT SPECIFIC CO DITIONS 1. The existing monume t sign located along the south property line shall be made to conform to Code requ rements on or before June 3, 2000. 7 .- BISCAYNE RETAIL P RTNERS L TO. OvcJ.. ...{/ oJ~~V LEITER OF INTENT April 3, 1998 RECEIVED MAY 1 5 1998 The Honorable Arthur Snyde Members of the Commission CITY OF A VENTURA 2999 N.E. 191st St. - Suite 5 0 Aventura, Florida 33180 COMMUNITY DEVa OPME1/r Re: Aventura Boulevard Sopping Center Ladies and Gentlemen: The undersigned requests yo r favorable review and consideration to the following: Anon-use variance 0 landscape open space requirements to allow for 13.41% (14% required) on lands de ribed in the attached application. The subject property is 10cat on the north side of Aventura Boulevard and the east side of Biscayne Boulevard. As a re ult of a right-of-way taking, a substantial portion of the frontage of the property is being eliminat d. Although the amount is minimal, the landscaping requirement is no longer satisfied. For your eference, we have attached site plans and landscape plans which show the full landscape treat ent of the site. It is believed that'the reconfi red site will have essentially the same appearance from Biscayne Boulevard, relative to the act al parking and building area. The area that is eliminated was a wider landscape belt along Bi cayne Boulevard. There has also been some modification to parking/drive aisles, however, we still satisfy the parking requirement. Another result of the right- of-way taking requires the reI cation of the main drive into the site. As you will see on the enclosed plan, we have reloc ed the driveway to the north of the existing site. We believe the new location allows for prop vehicular circulation and proper ingress and egress through the site. We are filing this application' accordance with Ordinance #97-21. Based upon the criteria established by the Ordinance, e do not believe that the variance adversely affects visual aspects, safety, aesthetics, or enviro ental characteristics of the community. Further, we do not believe the requested variance advers ly affects the safety of pedestrians, nor will it hamper the operation of motor vehicles or create a arking shortage which would adversely impact the community. As previously stated, we still sati fy the parking requirement. EXHIBIT #1 2875 N.E. 191sl 1 Suite 4OO/Aventura, FL 33180/(305) 937-6200 Fax(30S) 9335511 The Honorable Arthur Snyde Members of the City Comrni sion Apri.l3, 1998 In our opinion, the requested ariance will not encourage or promote the continuation of existing uses of the property which h e been, or will be, rendered unfeasible and impractical due to the roadway acquisition. The aforementioned landscap variance also necessitates the relocation and elevation of our signage. As we all know, the proposed modification ofBiscayne Boulevard provides for an elevated roadway system. A cordingly, we are taking our existing detached sign, raising the pedestal and poles which sup ort it to a height of eighteen feet. (18'). Additionally, a secondary directional sign will be provid d at the new proposed entrance. The non-residential sign criteria allows for directional signs 0 four sq. ft. (4' X 4'). Our proposed sign, a low profile, pedestal sign, which identifies the tenants a d provides a directional arrow, is five ft. x five ft. (5' x 5~. When the sign ordinance was being eviewed, it was our understanding that the basic sign, as proposed at that time, was not consider d to be offensive, even though it was not consistent with the adopted sign ordinance. Acc rdingly, we are trying to maintain the original sign, but raising it to counteract the elevated road ay system and relocating it to the south. Other than these sign changes, the signage on the si e basically remains the same. We recognize the need for th right-of-way taking. Based upon the taking, we are attempting to adjust our site in order to pro . de the same accessibility and signage which currently exists. We believe the modification pres ted for the landscaping, and particularly for the signage, will accomplish our goal. In closing, we again request y ur favorable review and consideration. Sincerely yours, . 1~~ Id Encl. & 42e. TRACT "A-12" OF "A NTURA 12th ADDITION" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLA BOOK 146 AT PAGE 19 EXHIBIT #2 RESOLUTION NO. A RESOLUTI N OF THE CITY COMMISSION OF THE CITY OF AV NTURA, FLORIDA GRANTING APPROVAL OF PROPE TY CURE FOR EMINENT DOMAIN PROCEEDIN S FOR PROPERTY LOCATED AT 19915- 19925 BISCA NE BOULEVARD; GRANTING A NON-USE VARIANCE F OPEN SPACE REQUIREMENTS TO WAIVE 0.580 OF THE REQUIRED 14% OPEN SPACE WHERE 1342% OPEN SPACE IS PROPOSED; GRANTING SIGN VARIANCE TO PERMIT ONE (1) MONUMENT SIGN LARGER THAN THAT ALLOWED; DENYING SIGN VARIANCE FOR ONE (1) DIRECTIONA SIGN LARGER THAN THAT ALLOWED; PROVIDING N EFFECTIVE DATE. WHEREAS, the pr perty described herein is zoned BU-2, Special Business District; and WHEREAS, the ap licant, Biscayne Retail Partners, Ltd., through Application Nos. 09-SP-98, and 04-VA -98 is requesting Site Plan approval and the following non- use variances in order t cure non-conformities created by Florida Department of Transportation's (FOOT) a quisition of a portion of the subject property and to mitigate the impact of the overpas on business visibility for that property located at 19915- 19925 Biscayne Boulevar : 1. Variance from Chapt r 33 of the Miami-Dade County Code requiring 14% landscaped open spac . (Provision of 13.42% landscape open space is proposed). 2. Variance from Sign rdinance No. 97-17 permitting monument signs no greater than 48 sq. ft. in are and 8 ft. in height. (Provision of 144 sq. ft. and 18' high monument sign.) Resolution No. Page 2 3. Variance from Sign 0 inance No. 97-17 permitting directional signs no greater than 4 sq. ft. in area nd 3 ft. in height. (Provision of 27.5 sq. ft. and 5'-6" high directional sign.) WHEREAS, the Flo da Department of Transportation (FDOT) has been notified of the application, consist nt with the requirements of Ordinance No. 97-21, and is supportive of the cure plan or the property; and WHEREAS, the Co munity Development Department recommends approval of the requests to the extent t e Application is granted, subject to conditions; and WHEREAS, the Cit Commission has held a public hearing as provided by law; and WHEREAS, the Cit Commission finds that the Application meets the criteria of the applicable codes and dinances, to the extent the Application is granted herein. NOW, THEREFOR , BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FL RIDA, THAT: Section 1. Applic tion Nos. 09-SP-98 and 04-VAR-98 requesting Site Plan approval and the following non-use variances in order to cure non-conformities created by Florida Department of ransportation's (FDOT) acquisition of a portion of the subject property and to mitigate th impact of the overpass on business visibility: 1. Variance from Chapt r 33 of the Miami-Dade County Code requiring 14% landscaped open spac . (Provision of 13.42% landscape open space is proposed). 2. Variance from Sign 0 dinance No. 97-17 permitting monument signs no greater than 48 sq. ft. in area and 8 ft. in height. (Provision of 144 sq. ft. and 18' high monument sign.) Resolution No. Page 3 on property legally describ d as: Tract "A-12" of "A entura 12'h Addition" according to the plat thereof, as recorded in Plat Bo k 146 at Page 19 of the Public Records of Dade County, Florida. A1KlA 1991 -19925 BISCAYNE BOULEVARD AVENTURA, FLORIDA are hereby granted subject 0 each of the following conditions: STANDARD CONDITIONS 1. Plans shall substantiall comply with those submitted as follows, only to the extent that the Application is g anted: . "Aventura Boulevard Sopping Center Cure Site Plan for F.D.O.T. Taking Parcel 102", Dwg. No. SP-1r, repared by Arc-Tech Associates, Inc., dated revised 06-16- 98. 2. Applicant shall obtain b i1ding permits within 12 months of the date of the settlement of the eminent domain roceedings of the site plan and variances granted shall be deemed null and void u less extended by a motion of the City Commission. PROJECT SPECIFIC CO DITIONS 1. The existing monumen sign located along the south property line shall be made to conform to Code requi ements on or before June 3, 2000. Section 2. The re uest for Variance from Sign Ordinance No. 97-17 to allow a 27.5 square foot, 5'-6" hig directional sign is hereby denied. Section 3. The ap roved site plan will supercede all previously approved site plans. Section 4. The Cit Manager is authorized to cause the issuance of permits in accordance with the app vals and conditions herein provided and to indicate such approvals and conditions pon the records of the City. Resolution No. Page 4 Section 5. This esolution shall become effective immediately upon its adoption. The foregoing Resol tion was offered by Commissioner who moved its adoption. T e motion was seconded by Commissioner and upon being put to a vo ,the vote was as follows: Commissione Arthur Berger Commissione Jay R. Beskin Commissione Harry Holzberg Commissione Jeffrey M. Perlow Commissione Patricia Rogers-Libert Vice Mayor K n Cohen Mayor Arthur . Snyder PASSED AN ADOPTED this 7'h day of July, 1998. ARTHUR I. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGA SUFFICIENCY: CITY ATTORNEY This Resolution was filed i the Office of the City Clerk this day of July, 1998. CITY CLERK CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: TO: FROM: SUBJECT: Moratorium Waiver Request - Joseph B. KaUer July 7,1998 City Commission Meeting Agenda Item J- f RECOMMENDATION It is recommended that the City Commission grant the Waiver Request for the moratorium subject to the enclosed conditions. BACKGROUND Ordinance No. 97-22 created a moratorium upon the issuance of development orders concerning development within the Marina Area and Hospital Area within the City. Section 2 of the Ordinance provides that the City Commission may grant a waiver when the City Commission determines, based on substantial competent evidence, that the specific use or activity will not detrimentally affect the preparation and implementation of the City Plan and will be compatible with surrounding land uses. The applicant proposes to construct a 2-story, 18,000-20,000 square foot professional office building. Property Information Applicant: Joseph B. Kaller Joseph B. Kaller and Associates, P.A. Owner of Property: Mr. Ken Marlin, et al Location: between NE 206 Street and NE 207 Street, east of East Dixie Highway (See Exhibit #1 for Location Map and Exhibit #2 for an aerial photograph): Legal Description: Zoning: Subject Property: Property to the North: Property to the South: Property to the East: Property to the West: Existing Land Use: Subject Property: Property to the North: Property to the South: Property to the East: Property to the West: Future Land Use Designation: Proposed Use: Proposed Variances: Lots 12 through 30, Block 8 of Hallandale Park No.4, as recorded in Plat Book 20, Page 49 of the public records of Miami-Dade County, Florida. BU-1, Neighborhood Business District RU-3M, Minimum Apartment House District and RU-2, Two-Family Residential District BU-1, Neighborhood Business District BU-1, Neighborhood Business District East Dixie Highway and FEC Railroad right-of-way vacant and one (1) single-family structure residential (single-family) vacant retail East Dixie Highway and FEC Railroad right-of-way Business and Office Professional Office Building None identified at this time. The City Commission has reached a preliminary decision regarding the Hospital Area's Master Plan. It is proposed that the area be developed on the basis of business, medical, multi-residential and office uses. Based on this policy, the property in question would comply with the Master Plan criteria for the Hospital Area. The proposed future land use contained in the Comprehensive Plan provides for MedicallOffice uses in the area in question (See Exhibit #3). . In order to ensure the proposal is in conformance with the Comprehensive Plan, the following conditions are recommended: 1. That the waiver be granted to a specific project and owner. 2. That the owner apply for building permits within ninety (90) days or the waiver shall be null and void. Building permits will only be issued upon compliance with South Florida Building Code and the zoning code, as well as other regulatory agencies. If you have any questions, please feel free to contact me. EMS/blky Attachment Istaff reports/Moratorium Waiver - KaUer 070798 2 JOJEPI-J ~. KAL LER (,. AJJalATU PA ARCHITECTURE' INTERIORJ' PLANNING May 28, 1998 City of Avcntura 2999 NE 191 Street Suite 500 Aventura, Florida 33180 Attention: Mr. Eric M. Soroka City Manager Referencc: Proposed Pro[essioaal Office Building Located between 206 & 207 Street Bounded on the West by East Dixie Highway. (approximately 50,000 sq. ft. lot area) Zoning: BU-l Dear Mr. Soroka: I am the Architect that has been selected for the above referenced project. Pursuant to my meeting wi~h the Developer and with Clly Planner Amy E. Skiles, we are writing this letter. 'Ne arc proposing tc bt.J1J ii Fir$t. Cia~,~ Professional Office Building on this sHe. The proposed office building is in conformance with the local A\T;l'l.Ira zoning laws. The building wiII be a 2 ,story structure. containing approximately 18,000-20,000 sqnare fcet. As per our conversation with Amy E. Skiles, there is an existing building moratorium ill effect ill the City of -Avcilti.lfa. We ~lrc requesting a waiver orthe moratorium, thus allowing us to proceed wilil the development of this project. II is om iHtent to present in detail this project at the Avcntura Commission meeting on Junc 9, 1998, ill order to obtain approval from the Commission members. RECEIVED MAY Z 9 1998 OFFIC~ OFTHE CITY MANAGER 2417 HOLLYWOOD BOULEVARD. HOLLYWOOD, FLORIDA 33020 PHONE: 954/920-5746 1-800-481-2647 FAX: 954/926-2841 May 29, 1998 Mr. Eric M. Soroka Page Two It is our opiuion that the proposed project fulfills an apparent need of high end office space in the City of A ventura. In addition, the timing of the proposed construction of this project would appear to have a minimal impact on the community, due to the residential, retail, and D.O.T. construction currently in progress in the area. Thank you in advance for your prompt review and consideration of our proposed project. Please call me at (954) 920-5746 with any conunents or questions you may have regarding this letter. We are looking forward to working with the City of A ventura on a project that we all can be proud of. r;::;r1J~ Joseph B. Kaller , President Joseph B. Kaller and Associates, P.A. cc: Amy Skiles, City Planner ". -I- 3= I C> -l- I I C> - I - I - ~ ". 1 ill 16 NE 15 .s= +J <D N ~ FA! M I ) w rf'l z ----' 6 I I 5 ~~QI wI ~, d: -J r 1- 6 . .6 71'1 43 1 ST. . .. . <J TE'R._ TRACT "A" BOUSKELA TRACT (123-781 RU-1A <'T . BISCAYNE ~. WATERWAYS - ls\ AOD.<126-18) i- r OEl W4r ,~ t}yW4YS....~ . ~D.~ . ------== i.. ~ 26 .r" y <{ , 125 +J (j) N I ~.~ I- w z ~s 40 . 1 W . ~> .<{ BU-:1 TRACr 2 '8' '!l 3U t$' / 2' 40 \'.)/-/1:;)) ~ ..s= . +J 'I'- .N W ~!'1i II 1 ~ ... ; 1'\111 h, 20 - - -J- 0:: 0:: I- - '---I Kh -(L ~ ~ n:F 'w.... I 'T 'z '" '" ,.. , \ If,- 21 "-.." I '. I 20 '.s= .+J :00 :N ~ 21 20 209th " - 21 -I- i. l.. - -- - - ~ - -l- e.. NE - - ..... . I t:;u. '11~ (143-14) :! .., TR. "A" " ''1' 0' ~- $ ~ '~rpJl :~ ..!!:. JA\ H 3 'I' ~~I<. 2' ~& ~ 208th ST. i1-~~ ~ 1 H- TRAcr "C" w - x 0 I- l.. - - - - - -I- - - - - w X ~ , ~ 207t ST. II,' ! NE 206th P'SUBJECT , ~ ~,::J ~~ 1~--,i PROPERTY 7 13 II 9 ~ 817 NE 205th ST. 16 1I1i7f 1 '\ II 7 TRACT "A" ---\ 4 7 7 V '" ..... - - -- () w BU-1A ..\..' j 21,) 0' I- (f) / ~' ~'/i THE PRoMENADE.SHOPS (133-39) EXHIBIT #1 -I- - - - -I- -- BU-2 fl. 1 j( (2D ...m,. TRACT "C" - ,,~ I I K' K 1 < - i j ST.-- ,,,. I 11 TRACT "0" NE 18= TS 2 6 ~ r ...NE - 20: -!!! 28 - . , s~ , --1 .' ':$ :~~ , '..r.< If .. , f. , .' ~.... J. PFiti ~ "" i' ,..,~* i~:~ . f~:; ! . ,~ .j.' (' ~._~ ~ > I' ., 1". .' ." i~..Jl. ~4 ~,~ . , .~ '" ',.... . . ..~.~ , "i~'l 1\ -- -- --- 'Ii , LilJ '\ l I I I mJ, I i \Cffl II \ , 'I I , I I ./1 ./ I .-L Zt> - t; I;; t; . el t;; ~ ~ ~ ~ ~ ! I I I I . I , i - IT PG Existir - Biscayne Blvd. Fly . Over ..,'" .',. ,"- .' I .-J I I //p EXHIBIT #3 t" -it- ;/; /1 \} (~ t;;!.~ \~~ ,\~~~ ~ \i(~~~ I 1----' 1\ \111\ ~ - ~ ~~.' L-1 i \ / 1\ ' ~( '\ ' ,I \ =:j II' ~ O II ~ . ill -=i ~~ \ ~ mmm . ,IT MINUTES CITY COMMISSION MEETING T ESDAY, JUNE 9, 19986:00 P.M. Aventura Medical Arts Building 21110 Biscayne Boulevard Suite 101 Aventura, Florida 1. CALL TO ORDERlRO L CALL: The meeting was called to order at 6:00 p.m. by Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Jay R. Beskin, Harry Holzberg, Jeffre M. Perlow, Vice Mayor Ken Cohen, Mayor Snyder, City Manager Eric M. Sorok , City Clerk Teresa M. Smith, and City Attorney Stephen Jay Helfman. Commission r Patricia Rogers-Libert was absent due to illness. As a quorum was determine to be present, the meeting commenced. 2. PLEDGE OF ALLEGIA CE: Harry Bavely led the pledge of allegiance. 3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M. Ex-parte communicatio s by Commissioners, if any, were disclosed and filed with the City Clerk in accord nce with Ordinance 96-09. All witnesses giving testimony in this hearing were swor in by the City Clerk. A. Mr. Helfman ead the following motion by title: MOTION T FROM MO CITY MANA APPROVE REQUEST BY YOAV MEIR FOR WAIVER TORIUM, SUBJECT TO CONDITIONS AS OUTLINED IN ER'S MEMORANDUM DATED JUNE 1, 1998 A motion for approv I was offered by Vice Mayor Cohen and seconded by Commissioner Beskin. Mayor Snyder opened the public hearing. The applicant, Yoav Mier, 2741 NE 14 Terrace, addressed the Commission. There being no further speakers, the p blic hearing was closed. The motion for approval failed 3-3, with Mayor Snyder, Vi e Mayor Cohen and Commissioner Beskin voting yes and Commissioners Berger Holzberg and Perlow voting no. B. Mr. Helfman ead the following resolution by title: A RESOLU ION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING UNUSUAL USE APPROVAL TO PERMIT OU DOOR PATIO AND TABLE SERVICE IN CONNECTION WITH A RES AURANT, TO CHEESECAKE FACTORY, INC., LOCATED AT 19501 BI CAYNE BOULEVARD; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Beskin and seconded by Commissioner Berger. Brenda Kelley, Community Development Director, reviewed staff's recommendatio. Mayor Snyder opened the public hearing. The following individuals addressed the Commission: Nancy Terminello, Esq., 2700 SW 37 Avenue; and George . Berlin, 1940 NE 194th Drive, North Miami Beach. There being no further speak rs, the public hearing was closed. The motion for approval passed unanimously a d Resolution No. 98-49 was adopted. Commissioner Perlow I ft the meeting at this time. C. Mr. Helfman ead the following resolution by title: A RESOLU ION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING THE RELEASE OF PREVIOUSLY APPROVED RESOLUTION NO. 4-ZAB-134-79; APPROVING THE AUTOMOBI E AND LIGHT TRUCK, NEW SALES AGENCY OR RENTAL U E AS REQUIRED PURSUANT TO SECTION 33-247 OF THE MIAMI- ADE COUNTY CODE; APPROVING THE REQUESTED NON-USE ARIANCE FROM CHAPTER 33 OF THE MIAMI-DADE COUNTY C DE REQUIRING A DECORATIVE MASONRY WALL AT LEAST FIVE FEET IN HEIGHT TO ENCLOSE THE VEHICLE STORAGE AREA WHE E A PROVISION OF A PARTIAL MASONRY WALL TO THE FRON OF THE PROPERTY ONLY IS PROPOSED; APPROVING THE REQU STED NON-USE VARIANCE FROM CHAPTER 33 OF THE MIAMI-DAD COUNTY CODE REQUIRING A CONTINUOUS, DENSELY LANTED GREENBELT OF NOT LESS THAN FIFTEEN FEET IN WI TH WHERE A PROVISION OF A NINE (9) FOOT WIDE INTERRUPT D GREENBELT IS PROPOSED; APPROVING A VARIANCE ROM CITY ORDINANCE NO. 97-17 ALLOWING TWO (2) SIGNS ON MASONRY WALL IN LIEU OF ONE (1) FREESTANDING MONUMEN SIGN, ALL WITH CONDITIONS AS OUTLINED HEREIN FOR PROP RTY LOCATED AT 17800 BISCAYNE BOULEVARD; PROVIDING AN EFFECTIVE DATE. 2 A motion for approv I was offered by Vice Mayor Cohen and seconded by Commissioner Holzber. Stanley Price, Esq., 2500 First Union Financial Center, addressed the Commis ion. Ms. Kelley explained the request and recommendation of Staff. Mayor Sny er opened the public hearing. The following individuals addressed the Commi sion: Ron Silver, Esq., 2750 NE 187th Street, representing the applicant; Mr. Pri e, also representing the applicant; Jose Tunon, Project Architect; Applicant Dr w Wolf, 19105 Biscayne Blvd.; Mr. Berlin; Bill Rosenberg, Landscape Architect; 0 Rosenberg, Commodore Plaza; Marcel Pina, Point East; Naomi Stack, Point Ea t; Paul Lavin, Point East; Ann Lavin, Point East; Myra Itchko, Del Prado; Harry Bavel , Del Prado; Un Feldman, Del Prado. There being no further speakers, the public he ring was closed. An amendment was offered by Vice Mayor Cohen, seconded by ommissioner Berger and unanimously passed to amend Section 2 to provide a proval for automobile and sport utility vehicle rental only, to provide that no sales e allowed; delete Specific Condition #10 of the resolution, amend Specific Conditi n #3 to provide that applicant provide to the City a removal bond in an amount equ I to the cost of removal of the billboard in the event it is not removed by June 1, 999, and inclusion of revised staff recommendations and conditions, including a ditional Condition #11 and subject to the applicant providing an estoppel agreemen to the City. The motion for approval of the resolution, as amended, passed una imously (5-0) and Resolution No. 98-50 was adopted. D. Mr. Helfman ead the following resolution by title: A RESOLU ION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING THE RELEASE OF PREVIOUSLY APPROVED RESOLUTION NO. Z-9-89; DENYING THE REQUESTED NON-USE ARIANCE FROM CHAPTER 33 OF THE MIAMI-DADE COUNTY C DE REQUIRING A MINIMUM SIDE STREET SETBACK OF FIFTEEN (1 ) FEET WHERE A PROVISION OF ZERO (0) FOOT SIDE STREET S TBACK IS PROPOSED; DENYING THE REQUESTED NON-USE ARIANCE FROM CHAPTER 33 OF THE MIAMI-DADE COUNTY C DE REQUIRING A MINIMUM FRONT YARD SETBACK OF TWENTY (2 ) FEET WHERE A PROVISION OF ZERO (0) FOOT FRONT SETBACK I PROPOSED ALL WITH CONDITIONS AS OUTLINED HEREIN F R PROPERTY LOCATED AT 17866-17870 BISCAYNE BOULEVAR ; PROVIDING AN EFFECTIVE DATE. Mr. Price, on behalf the applicant, requested that this matter be deferred. A motion to defer this h aring was offered by Vice Mayor Cohen and seconded by Commissioner Beskin The motion passed, 3-2, with Vice Mayor Cohen, Commissioners Holz erg and Beskin voting yes and Mayor Snyder and Commissioner Berger oting no. E. Mr. Helfman ead the following resolution by title: 3 A RESOLU ION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA; GRANTING APPROVAL OF MULTI-TENANT CENTER SI N GRAPHICS FOR SIGNAGE FOR CHAMPION RETAIL PLAZA LOC TED AT THE EAST SIDE OF BISCAYNE BOULEVARD BETWEEN E 191 STREET AND NE 193 STREET; PROVIDING AN EFFECTIVE ATE. Ms. Kelly explained th request of the applicant. Mr. Helfman interrupted and requested that discussi n on this item be tabled. After motion made, seconded and unanimously passed, it m 3-E was tabled. Mr. Helfman advised th t pursuant to the City Charter, four votes of the Commission were necessary to ap rove the deferral previously voted on in item 3-D. After discussion, a motion to defer item 3-D was offered by Vice Mayor Cohen, seconded by Commissioner Ho berg and passed 4-1, with Vice Mayor Cohen and Commissioners Berger, Beskin and Holzberg voting yes and Mayor Snyder voting no. After motion made, sec nded and unanimously passed, item 3-E was removed from the table. Commission r Perlow returned to the meeting at this time. A motion for approval of item 3-E was offered by Vice Mayor Cohen and seconded by Commissioner Holzber. Mayor Snyder opened the public hearing. The following individuals addressed he Commission: Mr. Berlin; Phil Ward, Architect for the applicant; Brian Herbe , Gallo Architects; and Leonard Geller, Commodore Plaza. There being no furthe speakers, the public hearing was closed. Commissioner Perlow offered a molio to amend to eliminate at least one of the bank signs. The motion died for lack of a second. A motion to amend the resolution by amending Section 1 to delete 6); t provide for approval of the criteria by the City Manager; and clarify reference to th amended plans was offered by Commissioner Beskin, seconded by Commis ioner Perlow and unanimously passed. The motion for approval of the resolut on, as amended, was unanimously passed and Resolution No. 98-51 was adopte . 4. APPROVAL OF MINU ES: Mr. Berger requested that the minutes of the May 28, 1998 Workshop be am nded to clarify in item 4 that the term "computer" includes a printer. A motion to a rove the minutes of the May 19, 1998 Commission Meeting and the May 28, 1 98 Workshop Meeting, as amended, was offered by Commissioner Perlow, econded by Vice Mayor Cohen and unanimously approved. A motion was offered by Commissioner Perlow and seconded by Commissioner Berger to place a mot on to reconsider the Hidden Bay internal sign issue on the August 4, 1998 Commi sion meeting and that the appropriate notices be provided to 4 the affected property 0 ers. The motion passed 4-1, with Vice Mayor Cohen voting no. 5. SPECIAL PRESENTAT ONS: None 6. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None 7. CONSENT AGENDA: ice Mayor Cohen requested removal of item 7-C from the Consent Agenda. Com issioner Beskin requested removal of item 7 -D from the Consent Agenda. Com ission Perlow requested removal of item 7 -E from the Consent Agenda. A motion to approve th items remaining on the Consent Agenda was offered by Commissioner Perlow, seconded by Commissioner Beskin, unanimously passed and the following action s taken: A. Resolution 9 -52 was adopted as follows: A RESOLU ION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE HE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMEN BETWEEN COUNTRY CLUB ESTATES HOMEOWNERS AND MAINT NANCE ASSOCIATION AND THE CITY OF AVENTURA; AUTHORIZI G THE CITY MANAGER TO DO ALL THINGS NECESSAR TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVI ING AN EFFECTIVE DATE. B. Resolution o. 98-53 was adopted as follows: A RESOLU ION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF DAN EICHMANN TO THE CITY OF AVENTURA BEAUTIFICATION ADVISORY BOARD IN ORDER TO FILL A VACANCY; AND PROVIDING N EFFECTIVE DATE. MOTION 0 ADOPT CITY MANAGER'S PERFORMANCE EVALUATIO PACKAGE AS OUTLINED IN EXHIBIT "A". F. The followin motion was approved: The followi items were removed from the Consent Agenda and addressed s parately: C. Mr. Soroka r ad the following resolution by title: 5 A RESOLU ION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE HE ATTACHED POLICE SERVICES AGREEMENT BETWEEN HE CITY OF AVENTURA AND AVENTURA MALL VENTURE; UTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSAR TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVI ING AN EFFECTIVE DATE. A motion for approva was offered by Commissioner Beskin and seconded by Commissioner Holzber . A motion was offered by Vice Mayor Cohen to amend the renewal clause. The a endment died for lack of a second. The motion for approval was unanimously pass d. Thus, Resolution No. 98-54 was adopted. D. Mr. Helfman ead the following ordinance by title: AN ORDIN NCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 97-25, WHICH ORDINANC ADOPTED A BUDGET FOR THE 1997/98 FISCAL YEAR BY REVISIN THE 1997/98 FISCAL YEAR OPERATING AND CAPITAL BUDGET A OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZI G THE CITY MANAGER TO DO ALL THINGS NECESSAR TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. A motion to approve t e ordinance on first reading was offered by Commissioner Beskin and seconded y Commissioner Holzberg. An amendment was offered by Commissioner Beskin, econded by Commissioner Berger and unanimously passed to change the dates 0 pages 1 and 2 from 1996/97 to 1997/98. The motion for approval of the ordina ce, as amended, passed unanimously (5-0). Vice Mayor Cohen was not presen for the vote. E. Mr. Helfman ead the following motion: MOTION T UTILIZE THE REQUEST FOR QUALIFICATIONS GUARANTE 0 MAXIMUM PRICE CONSTRUCTION MANAGEMENT SERVICES ROCESS TO CONSTRUCT THE GOVERNMENT CENTER AS OUTLlN 0 IN CITY MANAGER'S MEMORANDUM. Rick Buell, Michael Shi & Associates, Mr. Berlin, and Cesar Phillips addressed the Commission. A motion for approval was offered by Commissioner Beskin, seconded by Commissioner Berg r and passed unanimously. 6 8. PUBLIC HEARING: ORDINANCES - SECOND READING: Mr. Helfman read the following ordinan by title: AN ORDINANCE F THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 2-348 0 THE CITY CODE ENTITLED "SCHEDULE OF CIVIL PENALTIES" TO U DATE THE CIVIL PENALTIES SCHEDULE FOR CODE VIOLATIONS; P OVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, A D PROVIDING AN EFFECTIVE DATE. Mayor Snyder opened the public hearing. There being no speakers, the public hearing was closed. motion for approval was offered by Commissioner Berger and seconded by Vice ayor Cohen. An amendment was offered by Commissioner Perlow, seconded by ayor Snyder and unanimously passed to amend (a) to provide that these pen Ities are in addition to any other legal remedies available to the City. The motion fo approval, as amended, unanimously passed by roll call vote and Ordinance No. 98- 7 was enacted. 9. RESOLUTIONS: Mr. H Ifman read the following resolution by title: RESOLUTION OF HE CITY COMMISSION OF THE CITY OF AVENTURA FLORIDA, CONCE NING COMMUNICATION BY MEMBERS OF THE CITY COMMISSION WI H OTHER GOVERNMENTAL ENTITIES AND PUBLIC PRESENTATIONS; PROVIDING STANDARD OF CONDUCT FOR MAYOR AND COMMISSION RS; PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Beskin and seconded by Commissioner Berger. Commissioner Berger offered a motion to amend section 2(b) to provide that this shall not prohibit members of the Commission from seeking from other government I entities information relating to matters concerning the City. The motion died for lac of a second. The motion for approval passed unanimously and Resolution No. 98 55 was adopted. 10.0THER BUSINESS: ne 11. REPORTS: As presen ed. 12. PUBLIC COMMENTS. The following individual addressed the Commission: Don Brodey, Williams I land. 13. ADJOURNMENT. Th re being no further business to come before the Commission 7 at this time, after moti n made, seconded and unanimously passed, the meeting adjourned at 10 p.m. Approved by the Commiss on on Teresa M. Smith, CMC, City Clerk Anyone wishing to appeal any d ision made by the City Commission with respect to any matter considered at a meeting or hearing will need record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceed ngs if made, which record includes the testimony and evidence upon which the appeal is to be based. 8 CITY OF AVENTURA OUNCIL WORKSHOP MEETING JUNE 30,1998- 9:00 A.M. Aventura Government Center 2999 NE 191" Street Suite 500 Aventura, Florida 33180 The meeting was called to order at 9:00 a.m. by Vice Mayor Ken Cohen. Present were Commissioners A hur Berger, Jay R. Beskin, Harry Holzberg, Jeffrey M. Perlow, Patricia Roge -Libert, Vice Mayor Cohen, Mayor Arthur I. Snyder (arrived at 9:10 a.m.), ity Manager Eric M. Soroka, City Clerk Teresa M. Smith and City Attorney David M. Wolpin. 1. Munici al Publi Transit Stud Recommendation: Fernando Alonso, Bermello, Ajamil & Partners, prepared and reviewed the transit study. Commission exp essed concerns as to the length of time of each route. Consensus of C mmission to authorize the City Manager to proceed with the bus service and continue the process, amending certain routes to address concern stated. FOOT Prelimin Hi hwa Conn ctor: Representatives from the Florida Department of Transportation p esented the study to the Commission. Commissioners expressed conc rns as to the contradictions in the study as presented and representations ade to the City previously by FOOT staff. Consensus to defer this matter for further discussion with FOOT and review by the City engineer. 2. Libra Feasibi i Stud: Mr. Soroka reviewed a feasibility study, as prepared by Sta , to create a tri-city library. (Commissioner Perlow left the meeting at his time - 10:30 a.m.) Consensus of Commission to accept Manag r's recommendations and proceed with interlocal agreement ne tiations with participating cities and the County. Commissioner erger suggested that increased quality of cultural programs be ad ed to the recommendations in the Manager's study. 3. uasi-Judicial atters Commissioner Beskin: Commissioner Beskin discussed his r cent memorandum to lobbyists regarding ex-parte communications. City Attorney requested to draft a policy for Commission's r iew to prohibit any statements from Commissioners regarding quasi-j dicial matters prior to the public hearing at which the matter is heard. 4. Celebri Classic: City Manager authorized to proceed with City's participatio in the Grand Slam Celebrity Pro Am Classic scheduled for November 19 8. Commission requested increased marketing. 5. 6. Aventura Cha ber of Commerce PRIDE Pro osal: Jill Edison, Executive Direct r of the Aventura Chamber of Commerce, spoke to the Commission rei ive to this proposal which would solicit donations from individuals and corporations to purchase pavers for Founders Park, engraved with d nor's name. Consensus of Commission to participate to the extent of pa ers only. City Manager to discuss further with Chamber representatives nd place on August Commission meeting agenda. 7. Other Busines Other items discussed include: request for City approval of con truction of an Erev area by residents in the Biscayne Cove, Lincoln Pint and Williams Island area; proposed schedule for renovation of ne fire sub-station at Point East; ribbon-cutting ceremony for Aventura Bo levard improvements (last week in July in the evening); Comprehensive Plan public hearing (July 20 at 7 p.m.); banners for Iightpoles (selec d use of alternate colored banners). The meeting adj urned at 12 noon. Teresa M. Smith, CMC, City Clerk Approved by the Com ission on ,1998. CITY OF AVENTURA FFICE OF THE CITY MANAGER MEMORANDUM TO: City Commis ion ns at the Intersection of Point East and FROM: Eric M. Soro a, City DATE: SUBJECT: Resolution Biscayne B July 7,1998 City Commi sion Meeting Agenda Item!l..:..A As per the City Commi sion's request at the last meeting, attached hereto is a Resolution opposing the c eation of U-Turns at the subject intersection. If you have any questions, please feel free to contact me. EMSlaca Attachment CC0594-98 ESOLUTION NO. A RESOLUT ON OF THE CITY COMMISSION OF THE CITY OF AV NTURA, FLORIDA OPPOSING U-TURNS AT THE INTER ECTION OF THE ENTRANCE TO POINT EAST CON OMINIUM AND BISCAYNE BOULEVARD; AND PROVI NG AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Aventura is concerned about the safety of the residents ente ing and existing the Point East Condominium; and WHEREAS, this Co mission is opposed to allowing u-turns at the intersection of the entrance to Point East Condominium and Biscayne Boulevard in order to maintain the safety of area resident . NOW, THEREFOR , BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FL RIDA, THAT: Section 1. The C ty Commission of the City of Aventura is opposed to the creation of u-turns at the i tersection of Biscayne Boulevard and the entrance to the Point East Condominium. Section 2. The C y Manager is directed to notify the Florida Department of Transportation, the Mia i-Dade County Public Works Department, and local Legislative Representative of the adoption of this Resolution. Section 3. This esolution shall become effective immediately upon its adoption. The foregoing Res lution was offered by Commissioner , who moved its adoption. The otion was seconded by Commissioner , and upon being put to a vote, t e vote was as follows: Resolution No. 98- Page 2 Comm ssioner Arthur Berger Comm ssioner Jay R. Beskin Comm ssioner Harry Holzberg Comm ssioner Jeffrey M. Perlow Comm ssioner Patricia Rogers-Libert Vice ayor Ken Cohen Mayor Arthur I. Snyder ADOPTED this y'h day of July, 1998. ATTEST: TERESA M. SMITH, CMC CITY CLERK ARTHUR I. SNYDER, MAYOR APPROVED AS TO LEGA SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA FFICE OF THE CITY MANAGER MEMORANDUM DATE: June 22, 199 TO: City Commis ion FROM: SUBJECT: Resolution Authorizing xecution of Local Hazard Mitigation Strategy Int rlocal Agreement July 7, 1998 City Commi sion Meeting Agenda Item !1..::...b It is recommended that th City Commission adopt the attached Resolution authorizing execution of the Local Ha ard Mitigation Strategy Interlocal Agreement with the County. The City will receive $1 ,000 to develop a list of projects, in conjunction with the County, to prepare a strat gy to address disasters. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0593-98 THE CITY OF AVENTURA OFFICE OF THE CITY MANAGER ME NDUM TO: Eric M. roka, City FROM: Jules Be is, Adminis DATE: June 22, 1998 sistant to the City Manager r RE: Local H zard Mitigation Strategy Interlocal Agreement The City of Aventura s participating with other municipalities and Miami-Dade County in developing Local Hazard Mitigation Strategy. The City will receive $15,000 to develop thi strategy with the County. Funds for cities withi Dade County will be granted to the County, and then subgranted to individu I cities after they have agreed to develop a local hazard mitigation strategy in ordination with the County. Working with the County via workshops, the City ill develop a list of prioritized projects to include in the County's Local Hazard Mitigation Strategy. This is a pilot project f r the country, partially funded by FEMA and the State. It is not linked to Comp Ian requirements nor should it be seen as regulatory. It is solely a proactive pproach to emergency management and an attempt to bring additional state nd federal funds to areas that are affected the most by disasters. The attached agreem nt must be approved by the City Commission in order to move forward with the trategy. ESOLUTION NO. A RESOLUT ON OF THE CITY COMMISSION OF THE CITY OF AV NTURA, FLORIDA AUTHORIZING THE CITY MANAGER T EXECUTE THE ATTACHED INTERLOCAL AGREEMEN BETWEEN MIAMI-DADE COUNTY AND THE CITY 0 AVENTURA FOR JOINT COMPLETION OF A LOCAL MI IGATION STRATEGY; AND PROVIDING AN EFFECTIVE ATE. NOW, THEREFOR , BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FL RIDA, THAT: Section 1. The C y Manager is hereby authorized to execute the attached Interlocal Agreement betw en Miami-Dade County and the City of Aventura for Joint Completion of a Local Miti tion Strategy. Section 2. This esolution shall become effective immediately upon its adoption. The foregoing Res lution was offered by adoption. The motion was econded by put to a vote, the vote was s follows: who moved its , and upon being Commissione Arthur Berger Commissione Jay R. Beskin Commission Harry Holzberg Commission Jeffrey M. Perlow Commission Patricia Rogers-Libert Vice Mayor n Cohen Mayor Arthur I. Snyder PASSED AND ADO TED this y'h day of July, 1998. ATTEST: ARTHUR I. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGA SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA OFFICE OF THE CITY MANA ER May 7, 1998 GOVERNMENT CENTER 2999 N.E. 191sT STREET SUITE 500 AVENTURA, FLORIDA 33180 Mr. Charles V. Lanza Director Office of Emergency nagement 5600 SW 87 Ave. Miami, FL 33173-161 Dear Mr. Lanza: This letter of intent is to advise the County that the City of Aventura will be fully participating in the reation of the Local Hazard Mitigation Strategy. My administrative assista t, Jules Bevis, will be the contact person. Should you have an questions or need additional information regarding this letter, please call JuJe at 466-8911. Sin EMS/jb CM0721-98 PHONE: 305-466-8910' FAX: 305-466-8939 INTERLOCAL AGREEMENT FOR JOINT CO PLETION OF A LOCAL MITIGATION STRATEGY This Interlocal Agreement is eing entered into this _ day of , 1998, by and between Miami-Dade County ("Co ") and the City of ("City") in order to jointly complete a Local Mitigatio Strategy as described in the attached Scope of Work and in the_ Department of Community Affairs (DCA) publication The Local Mitigation. .strategy: a Guidebookfor Florida Citie and Counties, hereafter referred to as "the Guidebook." It is agreed that the City all assist in the development of the Local Mitigation Strategy ("LMS") using the Guideboo as well as other applicable guidance. The City shall participate in this process in order to achie e a single, unified LMS for the County. It is agreed that the County '11 pay compensation at the end of each contract period based on completion of activities iden 'fied in this Scope of Work. The payment will be made after the subcontractor submits all de . verables, within the scheduled time frame, and a determination is made by the County that e City has satisfactorily completed the pertinent activities and deliverables. All payments .11 be made as soon as possible, following receipt of payments from the DCA, to the County. It is agreed that at the end 0 the first contract period, the City may be paid twenty (20) percent of the total contract amount, enty (20) percent at the end of the second contract period, forty (40) percent at the end of the third contract period, and the remaining twenty (20) percent of the total contract amount at the e d of the fourth and flllal contract period. The City shall submit all deliverables in the format pr scribed by the County. The final deliverable shall be an agreed- upon local mitigation strate document submitted by the County to the DCA. This agreement shall remai in effect throughout the life of the Local Mitigation Strategy program, currently schedule to expire July 1, 1999. This agreement may be modified by the mutual written consent ofbo parties and as required by revisions to the statute. This agreement may be terminated by either arty provided that such termination be given in writing to the other party at least ninety (90) day prior to the date of termination. IN WITNESS WHEREOF parties hereto have caused this Agreement to be executed by their duly authorized officers this ay and year first above written. For: City of Aventura For: Miami-Dade County Eric M. Soroka City Manager SCOPE OF WORK Purpose The City shall assist in the development of the Local Mitigation Strategy (LMS) using the Department of Community Affairs (DCA) publication The Local Mitigation Strategy: a Guidebookfor Florida Citie and Counties, hereafter referred to as "the Guidebook," as well as other applicable guidance. e City shall participate in this process, in order to achieve a single, unified Local Mitigation Stra egy for Miami-Dade County. . . Pa ment and Deliverables chedule The County will pay compe ation at the end of each contract period based on completion of activities identified in this s pe of work. The payment will be made after the City submits all deliverables, listed below, wi .n the scheduled time frame, and a determination is made by the County that the City has sa sfactorily completed the pertinent activities and deliverables. The City shall submit an invoice to the County for payment of compensation at the conclusion of each contract period. All yments will be made as soon as possible, following receipt of payments from the Departme t of Community Affairs to the County. At the end of the first contr ct period, the City may be paid twenty (20) percent of the total contract amount, twenty (20) percent at the end of the second contract period, forty (40) percent at the end of the third contrac period, and the remaining twenty (20) percent of the total contract amount at the end of the fo and final contract period. The City shall submit all deliverables in the format prescribed by e County. The flllal deliverable shall be an agreed-upon local mitigation strategy document submitted by the County. All submissions to the County shall be addressed to: I. First contract period - to be determined A. Identify the unicipal contact person for this subcontract, to include phone number and f: number. B. At least one unicipal representative shall actively participate in all Working Group meetin s. C. A municipal r presentative shall actively assist in the development of procedures to resolve c ict between government entities that may arise from the development 0 the local mitigation strategy. D. A municipal epresentative to the Working Group shall actively assist in the development f evaluation criteria and procedures, to regularly review, update and revise the ocal mitigation strategy. E. A municipal epresentative to the Working Group shall actively assist in the development community guiding principles. These principles will: 1. Provide a listing of municipal agencies and mitigation functions they perfo . Include a narrative description of how these agencies help reduce losses fi om hazards. 2. Provide a listing on existing municipal policies, ordinances and programs that affi ct mitigation. Scope of Work Local Mitigation Strategy Page 2 II. Second contract per od - Deliverables due by September 15, 1998 A. As outlined i section 4 of the Guidebook and drawing from the evaluation of existing mitig tion policies, ordinances and programs completed in the previous contracting p iod, actively assist in the development of: 1. A sing list of mitigation goals and objectives that will serve to guide a coordi ted and comprehensive strategy to address hazard mitigation. 2. An an ysis of how existing policies, ordinances and programs could be stren ened to achieve the mitigation goals and objectives of the 'ty. 3. A d identification and vulnerability assessment, assist III the identifi ation of municipal data and data sources, and assist ill the collecti n of data. 4. The id ntification of private sector interest, and methods for private sector involv ent. 5. Proced es to prioritize municipal and county mitigation initiatives. III. Third contract peri d - deliverables due March 15, 1999 A. A municipal epresentative to the Working Group shall actively assist in the gathering oft e following information: 1. Critica facilities inventory. 2. Listing of other public buildings and facilities. 3. Repetit ve loss data. 4. Hazard us materials sites. 5. Histori al flood data. B. Subcontractor shall submit a list of potential mitigation initiatives which: 1. Reduce vulnerability. 2. Study and identify cost beneficial mitigation activities, including engine ring studies. 3. ldenti mitigation initiatives found in existing local government Capital lmprov ment Plans for future funding consideration. 4. Reco end program and policy actions and revisions to further promote effecti e hazard mitigation. C. A municipal epresentative to the Working Group shall actively assist in the identification f potential funding sources. D. Subcontracto shall review and comment on all hazard identification and vulnerability ssessment activities conducted by the County and on the list of potential miti ation initiatives. IV. Fourth contract per od - deliverables due by July 1, 1999 A. Subcontracto shall agree to the final local mitigation strategy as a compiled document to e submitted to the local governing body for formal adoption. CITY OF AVENTURA FFICE OF THE CITY MANAGER MEMORANDUM FROM: TO: DATE: SUBJECT: Resolution dopting in Principle the Capital Improvement Program Document 1 98/99 to 2002/03 July 7,1998 City Commi sion Meeting Agenda Item lC- RECOMMENDATION It is recommended that th City Commission adopt the attached Resolution adopting, in principle, subject to ann al revisions and authorization, the Capital Improvement Program for 1998/99 to 20 2/03. BACKGROUND The 1998/99 to 2002/03 apital Improvement Program document represents the first update of the CIP that wa originally prepared for the five-year cycle of 1997 to 2002. The document was review d at the May Commission Workshop Meeting. Over eighty (80) copies of he document and a cover letter advising them of the meeting were distributed to the vari us condominium boards in the City and major businesses. Once the CIP is adopted, he first year 1998/99 will be incorporated into the proposed 1998/99 budget. If you have any questions, please feel free to contact me. EMSlaca Attachment CC0597-98 RESOLUTION NO. 98-_ A RESOLUT ON OF THE CITY COMMISSION OF THE CITY OF VENTURA, FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE, SUBJECT TO ANNUAL REVISION ND AUTHORIZATION, THE CITY OF AVENTURA CAPITAL IMPROVEMENT PROGRAM DOCUMENT FOR FISCAL YEAR 1998/99 TO 2002103; AUTHORIZIN THE CITY MANAGER TO DO ALL THINGS NECESSAR TO CARRY OUT THE AIMS OF THIS RESOLUTIO ; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the C pital Improvement Program document for fiscal years 1998/99 to 2002/03, aUa ed hereto was presented and recommended to the City Commission of the City f Aventura by the City Manager as a long term plan of proposed capital expend it res, the means and methods of financing the projects and an action plan for the impl mentation of the projects; and WHEREAS, the Ci y Commission recognizes the need to adopt a Capital Improvement Program to address Beautification and Parks, Roads, Drainage and Infrastructure Improveme ts, Public Buildings and Facilities, Communications and Computers and Capital quipment Purchase and Replacement which represents a high quality of life for all re idents; and commitment by the com nity toward achievement and maintenance of a desirable WHEREAS, the Ci y Commission recognizes the need to formulate a Capital Improvement Program whi h adopts a sound financing plan that includes both pay-as- you-go and bond financin . The proposed Capital Improvement Program document for fiscal years 1998/99 to 2 02/03 reflects the need to issue aproximately $19.3 million dollars in debt, not includi g bond financing costs and reserves, to fund several of the Resolution No. 98-_ Page 2 projects included in the pi n. The City Commission pledges that during their current term of office, they will ot take action to increase ad valorem taxes to support additonal debt service req irements other than what is provided for in the proposed Capital Improvement Progr m document or required by the City's Comprehensive Plan or such other County or S ate legislation requring or causing same, without a vote of the electors of the City of Aventura. However, in no event shall the public's health, safety, welfare or best i terests be jeopardized or the City's ability to react to unforeseen emergencies r provide services to the community be limited in order to WHEREAS, in the vent operating expenditures increase at a higher level than avoid additional debt or t increases. expected, or unanticipated events reduce key revenue sources, on an annual basis the City Commission will ende vor to reprioritize projects or revise the schedules in order WHEREAS, the ity Commission has reviewed the Capital Improvement to eliminate the need for ad valorem tax rate increases during the next four years (1998-2002). However, i no event shall the public's health, safety, welfare or best interests be jeopardized r the City's ability to react to unforeseen emergencies or provide services to the co munity be limited in order to avoid tax increases. WHEREAS, nume ous presentation meetings were held at the various condominiums within the ity to obtain citizen input; and Program document at a p blic meeting of the City Commission and wishes to adopt said document in concept. Resolution No. 98-_ Page 3 NOW, THEREFOR , BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FL RIDA, THAT: Section 1. The C ty Commission of the City of Aventura hereby accepts and adopts in principle, subjec to annual revisions and authorization, the City of Aventura Capital Improvement Prog am document for fiscal years 1998/99 to 2002/03 attached hereto and incorporated h rein as specifically as if set at length herein. Section 2. The C y Manager of the City of Aventura, Florida be and the same is hereby authorized to do all things necessary and expedient in order to carry out the aims of this Resolution. Section 3. This solution shall take effect immediately upon adoption. PASSED AND AD PTED by the City Commission of the City of Aventura, Florida this _ day of ,1998. ARTHURI.SNYDER,MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGA SUFFICIENCY: CITY ATTORNEY EMS/tms TO: City Commis ion FROM: DATE: June 29,199 CITY OF AVENTURA FFICE OF THE CITY MANAGER MEMORANDUM SUBJECT: Resolution ccepting Dedication of Ten Foot R.O.W. on N.E. 19151 St eet July 7,1998 City Commi sion Meeting Agenda Item.1:j) RECOMMENDATION It is recommended that the City Commission approve the attached Resolution authorizing the acceptanc of the dedication of an additional ten foot (10') right-of-way (R.O.W.) on N.E. 19151 treet associated with the Champion Retail Plaza. This property was never deede to the County or to the City. BACKGROUND When Champion Retail Lt . purchased lots 7 through 12 of Block 6, the deed conveyed the property less the sou h 10 feet for road purposes. The recording of the Soffer Redlich Plat has been del yed pending the dedication of the additional 10 feet R.OW. Development approvals re uire the additional dedication. If you have any questions, please feel free to contact me. EMSlaca Attachment CC0598-98 May 29, 1998 Mr. Eric Soroka City Manager CITY OF A VENTURA 2999 N.E. I9lst Street Aventura, Florida 33180 umheny Jlssodates Re: Champion Retail Plaza/ offer Redlich Plat Dear Eric: The recording of the Soffer Re lich Plat has been delayed, pending the dedication of an additional ten feet (10') of Right-of-Way on N.E. 191st St. in lots 7 through 12 of Block 6, as shown on the attached exhibit. When Champion Retail Ltd. p chased Lots 7 through 12 of Block 6, the deed conveyed the property "less the south 10 feet thereof for ro d purposes". This property was never deeded to Dade County or to the City of A vcntura. I rceently met with Russell Kel y and Tony Toledo, Miami Dade County Public Works Departmcnt, to discuss this issue. Russell adv sed me that a Resolution, accepting the dedication, needs to be adopted by thc entity having jurisdiction over .E. 19Ist St. This would be the City of Aventura. For your referencc and eonvcni nce, I am enclosing a copy of Resolution No. R-876-92 as a sample of the form of Rcsolution that will be required. Also enclosed are copies of the deeds as recorded in OR Book 16710, Pg. 1649 and OR Boo 16673 Pg. 0477. These deeds will need to be a part of the above mentioned proposcd Resolution. If at all os sible, I would like to have this matter scheduled to be hcard before the Commission on June 9th. Eric, as always, I appreciate yo assistance. If you have any questions or need further information, please do not hesitate to contact mc. Sincerely yours, George J. Berlin GJ13/d Encls. Sample Resolution, Dee s e/w/encl: Ken Bemstei Carlos Diaz Steve Helfin , Esq. Mario Romin , Esq. Riehard Sche cr, Esq. RECE:lVED JUN 0 2 1998 OFFICE OFTHE CITY MANAGER 19501 Biscayne Bou evard, Suite 400, Aventura, Florida 33180 (305) 937-6200 Fax: (305) 933-5511 :;0 ~ ..... o ?r @: t='i' a a ~ - ~ 11------ :,:':" x;. ,,"~."" .1'. j 1IJ'.....'IllI .._ - PIIl....IIIlII...-- '.. !: {!!: 1"- \ .". ..... ,- I.: ~.; l~ , l~ , . 1::- 1-.'. I. I' ~ : it . i--/o I;:; '-0 J,' ..... 00 ~ -I~..,. ~ ",r~. @ :;I~ ~ :I~ ~I-~ '.r...., ,; 01, , == ....~~',.' ~ ~I; .... ..~a ~t ..... .r. i.: ~ 'J1 ~~i ;.:::= , ~ - ~...~~ ... :: . . 1 Z t11 )>'>,. ..", ,. " .....:: . ( , l.~e or:./) i . "Tj . "r:1 , t'rJ :;0 --1-:;0 , -t'rJ R g ,_~..u . t' ,~ , ~~ -- I. ;i~~ ,If~ ; c ,HI' H, ..... ';-_7:.--- jill ,: 1" M el ..., ~ ~ "d EO s; /1 --" y;~ ~~~ :t1fJ:: I i , I ~~i ~I:f~ . ; -r-- ;g~ ;If:l! , , .J. , w M.T'" ~~~ :i(lf:r . S4l~'~ ., , .'O.!"" rOo' " "I .....--~- o A"'" '; HI~ 0;_.1 /:-- !...:.-:-~ SG~ . .. " ~, '1\ QUI.. HI'lHI'l !I"U. .old:> :U-, <'-':>11 I U :J..lJ:>:> 11 '60 BG. P.02 1..IEJ-3~t:1d t>13 ,w~ , " '-''-''''-' """", ~"'-I. ~~~ ~~~ ~~~~ IU ~3J~~11 . '.'sa P.03 SIO'39t:::1d r1HI Co( .,,'" 1~:1t::l r" bUt.. HNHN ING. 305 933 2350 TO 2te.3$~d 9335511 P.04 ,:60 86. .0 ,J"tlW ." ......;. 7"":'- .- ~~ '1::!'.I :::J '-'I" -"",1'1 LI'1U. ~u~ ~~~ ~~~~ IU ~~~~~ll ~.~~ ~~:60 Q6~_~0 A~ __ Cl(j'::!~~d ~ -.. ~~ ~ ":., RESOLUTION NO. 98- A RESOL CITY OF A ACCEPTAN DEDICA TIO INDIVIDUA STREET IN COUNTY, DATE. ON OF THE CITY COMMISSION OF THE NTURA, FLORIDA, AUTHORIZING THE OF AN IMPLIED OFFER OF BY STEVEN G. LEVINE, TRUSTEE AND Y FOR A PORTION OF NORTHEAST 191sT CITY OF A VENTURA, MIAMI-DADE ORIDA; AND PROVIDING AN EFFECTIVE WHEREAS, Steven G. Levine, as Trustee and Individually, expressed an implied intention to dedicate two parc Is of land for road purposes; and WHEREAS, this im lied offer was expressly stated in those certain Warranty Deeds recorded in Official Record ook 16710, Page 1649, and Official Record Book 16673, Page 0477 of the Public Records of Miami-Dade County, Florida, by use of the words "less the south 10 feet thereof for roa purposes" in each of said Warranty Deeds; and WHEREAS, the I ds constituting said implied offer of dedication are more particularly collectively des ribed as follows, to wit: As set forth on Exhibit <<A" attached hereto and incorporated here n. WHEREAS, the d ication described herein pertains to portions of Northeast 191" WHEREAS, the Ci Commission finds and determines that acceptance of the implied , IT IS HEREBY RESOLVED BY THE CITY COMMISSION Street in the City of A ventur ; and intention to dedicate would in the public interest. OF THE CITY OF AVE , FLORIDA, AS FOLLOWS: Resolution No. 98- Page 2 Section 1. That e City Commission hereby adopts the findings set out in the foregoing recitals, and here approves and accepts the above-described dedication of a portion of N.E. 191" Street, as desc .bed on Exhibit" A". Section 2. That the ity Manager is authorized and directed to cause this Resolution to be filed for record in the blic Records of Miami-Dade County, upon approval by the City Attorney. Section 3. That the ity Manager and the City Attorney are authorized to take all steps necessary to effectuate the p rposes of this Resolution. Section 4. This Re lution shall become effective immediately upon adoption. The foregoing Resol tion was offered by Commissioner moved its adoption. The m tion was seconded by Commissioner upon being put to a vote, the ote was as follows: , who , and Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Harry Holzberg Commissioner Patricia Rogers- Libert Commissioner Jeffrey M. Perlow Vice Mayor K n Cohen Mayor Arthur . Snyder PASSED AND ADO TED this 7'" day of July, 1998. ATTEST: ARTHUR 1. SNYDER, MAYOR TERESA M. SMITH, CMC, CITY CLERK APPROVED AS TO LEGA SUFFICIENCY CITY ATTORNEY 2 EXHmIT "A" The South ten (10') feet of Lots 7, 8, 9, 10, 11 and 12, in Block 6, of AMEN ED PLAT OF BRITAN'S ADDITION TO OJUS, FLORIDA, cording to the Plat thereof, as recorded in Plat Book 19, at age 24, of the Public Records of Miami-Dade County, Flori a. COVENANT OF INDEMNIFICATION (" Developer") owner and developer of that certain property in tbe City of Aventura, Florida (the "City") known as Champion Plaza, .in consideration for the actio of the City Commission in accepting an implied offer of dedication concerning a portion of ortheast 191st Street in the City, pursuant to Resolution No. 98c adopted by the Ci Commission of the City on July 7, 1998, hereby covenants.and agrees.. as. follows: 1. Developer s defend, indemnify and hold harmless City and City's officers, agents and employees fro any claim, demand, cost or liability arising out of the adoption or recordation of the above scribed Resolution or the City's acceptance of the implied offer of dedication which is desc ibed in such Resolution, concerning any injury, loss or damage asserted by Stephen G. vine, trustee and individually, or any person, firm or corporation claiming a right, title or . Ierest on their own behalf or by, through or under said Stephen G. Levine, trustee and indiv dually, concerning those lands described in Exhibit "A" of .the Resolution. 2. This Coven t of Indemnification shall be irrevocable and shall be in full force and effect from the date he eof and shall be binding upon Developer, its successors and assigns pion Plaza property (the "Property"), described on Exhibit "X" attached hereto. 3. City shall e the right to enforce this Covenant of Indemnification against the Property, by imposing a len upon the Property or against Developer and its successors or assigns by any and all oth r means available at law or in equity, in the event that Developer fails or refuses to fully d timely perform the above Stated Covenant of Indenmification. Venue for any litigation enforce the Agreement shall be in Miami-Dade County, Florida. The prevailing party in S .d litigation shall be entitled to tax its attorneys' fees as costs. 4. Developer ovenants that it has authority to execute this covenant and to make same a binding agreemen , fully enforceable. SIGNED this day of , 1998, by Developer. WITNESSED: DEVELOPER: By; (Print Name) (Print Name) (Print Name) -------------------------._---- ----------------------------------------------------------------------------------- ACKNOWLEDGEMENT the rsigned authority personally appeared f the Developer and acknowledged that he executed this instrument for the pUIJloses provided NOTARY PUBLIC State of Florida at Large 3-2tIOOl\lJUC'cmCDt5~=mllof~catio 2 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, City a DATE: June 29,1998 SUBJECT: Resolution Accepting the edication of N.E. 35th Avenue July 7,1998 City Commission Meeting Agenda Item.!l.=:Ji- RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution, which accepts the dedication of N.E. 35th Avenue from a private to public road. The roadway connects Williams Island Road to N.E. 185th Street. The acceptance of the roadway is in accordance with the private road conversion policy previously adopted by the City Commission. BACKGROUND N.E. 35th Avenue was constructed in 1997 as part of the roadway improvements required by the County for the Atlas Terminal Apartments Plat developments. The roadway meets the current County and City requirements, except for street lighting. The City will be installing decorative street lighting as part of the N.E. 185th Street improvements next year. The roadway is an important link for the City's internal circulation system connecting Williams Island Road to the rest of the City, while avoiding Biscayne Boulevard. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0599-98 gj.RZ1S063 \91\ AUG ~ 1 p~ 3: 03 rrr 11186;Z 21 00 m 11353~2152 . - NON-EXCLUSIVE PRIVATE EASEMENT THIS EASEMENT, entered in to this ~ day of August, by and between: NORMAN COHEN, as Trustee under the provisions of a certain Trust Agreement dated June 15, 1972, and ~'nown as Trust No. 72-LT-8, and as Trustee under the provisions of a certain Trust Agreement dated April 30, 1971, and known as Trust No. 71-LT-I00. hereinafter called "Grantorsll, and NORMAN COHEN, as Trustee under the provisions of a certain Trust Agreement dated June 15, 1972 and known as Trust No. 72-LT:3 and under Trust Agree- ment dated April 30, 1971 and known as Trust No. 71-LT-I00 and Admiral's Port Townhomes, Inc., a Florida corporation, hereinafter called "Grantee" WITNESSETH: NoRMAN COHEN, as Trustee under the provisions of a certain Trust Agreement dated June 15, 1972, and known as Trust No. 72-LT-8, is the owner of the property designated as Parcell in Exhibit "A", attached hereto and by reference made a part hereof; and NoRMAN COHEN, as Trustee under the provisions of a certain Trust Agreement dated April 30, 1971, and known as Trust No. 71-LT-IOO is the owner of the property described aa Parcel 2 and 3 in Exhibit "A" attached hereto and by reference made a part hereof; and References to "Easement Property" hereinafter contained mean Parcels 1, 2 and 3 as described in Exhibit "A". --.-.; NOW, THEREFORE,. in consideration of the sum of $10.00 and other good and valuable consideration by each of the parties hereto in hand paid to the other aimultaneously with the execution and delivery of these presents, the receipt whereof is hereby acknowledged, GrantorS grant unto Grantee, its successors and. assignS, though subject to the reserva- tions and conditions hereinafter contained, a Non-Excl~siv. 1111' ltlstrument W.. Prep,,,d By: I..EW1~ ",., KANNEn, A\torn.)' tOO(lll"II,,,,,llt,,II"'"'' EXHIBIT "F'; TO THE DECLARATION OF CONDOHIN1tJI'I ~/ ~ v ~[[ 11186;; 21 0 I ~[t 11353 ~ 2153 Private Easement over and across the Easement Property for right-of-way and road purposes, and services, and for ingress to and egress from the premises, and for landscaping in connection with the premises. Grantee covenants and agrees.with Grantors as follows: (a) The within Easement and the right to use tho Easement Property shall be non-exclusive, and Grantors hereby retain, and shall have, the right to use the Easement Property, and the right to grant to other parties and property owners and properties the right to use the Easement Property for ingress and egress, and service, and for other uses, provided such other uses shall not unreasonably interfere with the use of the Easement Property by Grantee, its successors. and assigns, as well as Grantee's servants, agents, employees, guescs, licensees and invitees. (b) Grantors reserve, and shall have, the right to install, connect and maintain, from time to time in the Easement Property, sewer, gas, water and electric lines and pipes, telephone lines and conduits, poles and wires, and all utility lines and mains; and street lighting and drainage facilities; and to use the Easement Property for other purposes, provided such uses for other purposes shall not unreasonably interfere with the.use of the Easement Property by Grantee and its successors and assigns. (c) Grantee will. pay to Grantor the amount of the real property taxes assessed upon the Easement Property, payable in advance, on January 1st in each year, commencing on January 1, 1982. ;, rlllU.:yll...........-=. t:.\ilr:. r-1~1l>q"'"',...'C".;>> ~\,":': rl\ll~J'''''< _. _.. I 'IJI~ I ___~'.....- _~I~. . I \. \ Illl ''"' - .;,1\. 'S''l.r:';.,'E <f1F,i P.1!!J0~t..<;lr?lA . ' . ,. ..':'; tJ.<<.mWIH.f;.rrr,.I,-".SIMlnP ;:x .,,11 2 . j.,ltc;;~li,~'!\~lp'tlJf, ~~ffl\IILi~ff~~~~i"::' . t1l'::b/l~< - - . f" .j,jl~ll!;: .~ p_ '~\,uGn'u ~.'lnt.-7:7~.:j:: n U' 45'1"11\ ''''''''> .,.1'''': I ;: I,,\-! ;~.~"s .\ltIi!;(riz:\mn\"~~ .. \., . ,.,-. _ .:.t;.;"~' 'ill' . 1,;;.........11..-.......... ~ U;h__I.:."",,_Q ..!.1I1~~ H', ',. ..~__....~.:.Io ~~t , \ \ 86 ~ '2. \ 0'2. m 11353 ~G Z 154 (d) Grantee shall be responsible for the repair and maintenance of the roads.upon the Easement Property and for the landscaping thereon. Grantors for themselves and their successors and assigns, reserve the following Additional rights: (i) grant to others a similar right to use the right-of-way on Easement Property: (ii) beautify the rights-of-way or portions thereof: as Grantors desire so long as such other uses do not interfere with the uses of the rights- of-way by Grantee and including ingresS and egress to property. At all times while the within Easement is in existenCe, Grantee will carry public liability insurance in the minimum amount of $1,000,000.00 for damages incurred or claimed by anyone person and for not lesS than $3,000,000.00 for damages incurred or claimed by more than one person, indemnifying and holding Grantor harmlesS from any liability for personal in- jury, death, or property damage,arising on or about the use of the Easement Property by Grantee, its successors and assignS, and the servants, agents, employeeS, guestS, licensees and in- viteeS of Grantee; and Grantee shall deliver to Grantor, from time to time, certificate evidencing the existence of such insurance, payment, of the premium thereof, and designating Grantor as one of the parties insured under said insurance. If Grantee defaultS ~der the terms and conditions of this Agreement, then Grantor may, at his option, terminate the Easement herewith granted to Grantee, provided Grantor gives Grantee thirty(30) days written notice of such default, and if Grantee within the thirty(30) dayS covered by said (iii) utilize the rightS-of-way for such purposes - - I as rustee un er he provisions of a certain Trust Agreement dated June 15, 1972 and known as Trust No. 72-LT-B, and as Trustee under the provisions of a certain Trust Agreement dated April 30, .. 1971 and known as Trust No. "\'\."l"'I,~I"r",.. , " \ . r '{ 7l-LT-IOO. ,,';..;\ ;..,....: '. ...,..,,~ .'~ 0' " ':<. GRANTORS ,. ., ,-:<:: . I 10'. : .,,: I~_/. r." ,/) : IV : ;{" '......: .' _ ~ :w:1'::;". '.1', : ~;.~I 6-: " '. '-/-';'. '../ orl' \. J.i";:'.';;~'~~: i.:'~ I., ..J!........l.., "..~,I ,.. G \ I~. ;. . , '1"I""Y~' ~ff 11186 ~ 21 03 . m 11353~2'55 notice begins taking steps to cure the default, and if, having commenced such curing, Grantee exercises due diligence to cause the curative steps to be carried through continuously and ex- peditiously to completion, then Grantor may not terminate the Easement herewith granted to Grantee. ,his Agreement shall be binding upon and inure to the benefit of Grantors and Grantee, and their respective heirs, legal representatives, successors and assigns. This instrument corrects non.exclusive private Easement dated December 31, 1980, and recorded in Official Records Book 10982 page 72, public records of Dade County, Florida, and is being re-recorded to correct the legal descriptions. IN ~ITNESS WHEREOF, the parties hereto have caused these presents hereinabove written. Signed, sealed and delivered ~p?;;n~~ qoWo ){.~ - 4 - _----1 ~ STATE OF FLORIDA COUNTY OF DADE m 11186;C 2104 m 11353;C 2156 SS. I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared NORMAN COHEN, as Trustee under the provisions of a certain Trust Agreement dated June 15, 1972, and known as Trust No. 72-LT-8, and as Trustee under the provisions of a certain Trust Agreement dated April 30, 1971, and known as Trust No. 71-LT-100 and he acknowledged executing the same in the presence of two sub- scribing witnesses freely and voluntarily. WITNESS my hand and official seal this August, 1981, in the County and State aforesaid. 10 day of My Commission Expires: ~ 8', J?!J Ttlh ,",trumtnt Was Preplrcd By; L.Ew\~ M. KANNER, Altornl)' 1000 du Ponl DuilCllnll Mllml, F10rlaD 33131 1fd~t.lUBL0STl.t:.~DA""'.' , ~ -\ ~, t'U: l.'. .' ~,,,";'>';'''''''':':'?'- '~'l".~'" . J I I 'J f..:: ,l){,J 11'!t,:, ............: ~ W 'f~~ ~ . ,,~' "~\':. '. JOti', ". ). .,.....'..~;".. . '.,.' ..,.,t.;~."S'\'\~'''' 'I,,,,;.,,,,,,,,.' - 5 - ......... . - ~- ----- - - - --- ~f[ 11186~Z!05 m 11353;ZZI57 LEG~L DESCRIPTION P~RCEL ~TT-l Being a PQrt~on of Tract "A". "ADMIRAL'S PORT TOI-TNHOMES", according to the plat the=eof as record6d in Plat Book 115 at Page 56 of t.he: hJbli-:: Rec(I!ds of Cf,dt County, Florida, all lying Uld being in II portior, of . the SO\.i.':heast 1/4 of fractional Section 3, TO\Jl'lship 52 South, F'.bll/?,c .:: East, Dace County, Florida, mor. j:06.rticularly described as fOllo\o,'s: Begin a1: the Northeast corner of said Tract "A" as shown on said plat of "ADMI?.AL'S PCRT TOWNHCl'1ES"1 1:hence South 0 degree. 02 minutes 4S seconds East for 13S.21 feet to . Point of Curvature; thence Southeasterly along a circular curve to the left having I radius of 240.00 feet and a ce~tral angle of 43 degrees 21 minutes 48 seconds far an arc distance of 181.64 feet (said last mentioned t....o (2) cOJrses being coincident ....ith the Easterly boundary line of said Tract """. as shown on said plat of ""Q'I!RAL'S PORT TOI'i'NHOiES"); thence South 69 degrees 57 minutes 15 seconds t.Jest. along the boundary line of saic] Tract. "A" and its H~st.e:,ly prolongat.ion for 75.52 feet (said last mentioned course oE-ing coincide:nt with the South line of the Southeast 1/4 of said"Lractional Section 3); t.nence Horth 0 degrees 02 minutes 45 seconds West at right angles to the last and next mentioned courses for 300.00 feet; thence North 69 aeqrees 57 minutes 15 seconds East along the North ooondu)' lint' o! ui~ Tract. "J.", as shown on said plat of "ADMIRAL'S PORT TOHNHOo\ES" for 10.00 feet to tile Point of Beginning, all lying and being in Oade County, Florida. Ck'der No. 13"94 Septl!tllber 11,1980 -Pre;.ared by- So.\t,UJC:E-SHISXItI , ~SSCCIATE:S, 11<<:. t.,M surveyor. - Engineers - Lane!. ,laM.rs Miami, Florida € ;0-(/<9 / r ,t? t'P19,() ("' F"" , . - :1 Q (J () - , ~1f 11/86;-; 2106 m 11353 ~ 21 S8 . N6:;1'S?',/.5"E: gq!f; /tJiJ~rr.;.'l /VOR/''{'/ CJOV/VO.4RY C//VL' .~.4C,r ;:1'~ ,oJ (//.5.5C) ~L.C:;-'.30' , ~ ss , ~ ~~~ I....k ~ ~~~ ~tt~ .CIl .... ~ ~ \~ . _/5.:2:11'# i/IV~ Se:: .;56?t1? C'" ~ 1 N1i?l/..2:-f:. !h~rH ft COR. S,:c>.~ 8 ~ ~ \ ~ " CI. ~ .' ~ ~ " K " ~ ~ ~ ~ ~ ~ z ,\ ~ I... .~ ~ ~ ).. ~ ~ ~ ~ ~ ~ CIl ~ / \i . ~ \:) . \:) '0 ~ ~ ~ ~ ~ 7562' 5'. ~57 :b'p</. -- 'EC I I II.!U I~ 1..IUI Off I lEe 1353 ;;2159 .. -,. - - -..a....: - ~ ._.- ,.-,.- -.--- ~cok"/"2.0 . ",-- A./ Li/? N~.3l/.6'E /..IN Q,r. ME. fb sec. /062'4'2 pa8~ .:5~222' /(',zs"o ,1./ .d'$'4<1~Z'?(.. )./8!J'~7'l.:5'E G2~.A..t?5~7 . (u7~/"Ac. WE-IA / \: ~~/;. WE-/ , LEG~ DESCRIPTION A portion of the Northeal~ 1/4 of Section 10, Township 52 South, ~ange 42 East, pade County, Florida, beinq Dote particularly described al follow.: Co~ence at the North~.st corner of the said Northeast 1/4 of Section 10; thence North 89 degrees 57 minutes lS seconds East alon9 the North line of the said North- east 1/4 of Section 10 for 532.22 feet, to the point of geginning of the followin~ described parcel of land. thence continue North 89 degreel 57 minutes lS seconds ~as< alon9 <he las< described line lor 62.00 leet to a point on a curve (.aid point bears south 4S degreeS 43 minutes 05 West lrom the radius pointl, thence Sou<he.sterly along a circular cu,~e to tho left heving a ra~iu, of 250.00 fee< and a central angle of 5 ~e9rees 44 minutes 52 ..conds for an arc distancI of 25.0S feet' thence south S9 degrees 57 minute. 15 .econes West along a linl parallel with and IS.OO leet South of as measured at right an~le' to thl North line of .aid Northelst 1/4 01 Section 10 for 79.45 lelt, thlnce North 0 dl9ree. 02 minutes 45 ,"conds Wast at riqht angles to the last describe~ linl lor IS.OO flet to the poin< of Beqinnin9. lying and being in Oaoe Coun<y, rlori~a. and contlinin, \268 .qulre flit more or less (0.029 aeres more or les,). ORD~'R HO: 135132 Revi.ed OROER NO. 139985 Slptember 11. 1979 HIY 18. \981 _prepared by- SCHWtSKt-SHISKIN , ASSOC~TES. INC. Land surveyors - Engineers - Land planners Hia.=i, Florida. rVII',/#IO,_ JCJ -- m 11186;; 21 08 ~H.11353 ;-; 2/60 r. . / Mi# L/~ o/lkM//"W ~ f3cc.:;-8Z42 (, 50ufh ffiCb~ -.!!. . .- 'fI-~~:;-:;z ~7 ,~~5?(5..~_ '." .. 1!J5' ~ M m~~ (2y. . ..~.-.. ...<..~,.....'.:..... ........'..-..- "_....~r~e.._. ....-. ~ '.-"II/A . f'or<I." ".'l",,,, ~"""'-"'''''~. . .~,;,~. ""~""-"4""'nC.' ";:::.o.~"":,.,"" '. / ...... C"./. ~. ~ '.,..:....;.......tC"'.;.;.......~..;.;.~.~ '4"J~t."''''.1',~...-.:.~...!;''..-:.,,;,:.~.'~' '-"'~,t:l 'dZ; .~ ,', -""'6;;;;;;;;;-;:"""'''':''-':'<'.'::-'''''~ ~ ~ ~ .'l '\ ~ LEG~ OESCRlPTION A portion of Tract "A", ~ADMIRAL'S PORT TOWNHOHES" lyinq in Sections J and 10, Township S2 Soeth. Range 42 East, as reeor~e~ in plat Book 115 at Page S6 of the Public Records of Dade County, Florida, ~ore particularly 4escribed as follows: Commence at the North 1/4 corner of said Section 10: thence North 89 degrees S7 minutes 15 seconds East along the North line cf the Northeast 1/4 of said Section 10 for 337.22 feet, to the Point of Beginning of the following described parcel of land; thence ~ontin~e North 89 degrees 57 minutes 15 seconds East along the last described course for 195.00 feet; thence South 0 degrees 02 minutes 4S seconds East at right angles to the last described ~ourse for 18.00 feet: thence South 89 degrees 57 ~inutes 15 seconds West along a line parallel with and 18.00 feet South of as measured at right angles to the North I1ne, of the Northeast 1/4. of said Se~tion 10, for 195.00 t..t; thenee North 0 degrees 02 minutes 4S seconds west at right angles to the last aescribed ~ourse for 18.00 feet to the Point of Beginninq, all lying and being 1~ Dade county, Florida. ORDER NO: 13B1BO January 12, 19~1 .0. .0 .,0,;,". -Prepared by.. ItG)dU '" OfIICI~ utUU1 10Il~ Of ,.11 ~.n. ,~,I"L IIUlll' nl"'.' aRt JUCllARD p. nruM CUII\.C1ICUIICOUlt SCHWtBKt-SKISKIN . ASSOCIATES. INC. Land surveyors - Enqineers .. Land planners HiU'li. Florida '(XH/$/'7' If2 JJAJ..rl..... t1l:'" , -. ~I :::> - I n ~ ~ ~ ~ ~ '0 - - ! f~ ~, ~. ~l \.... m 11353;"c2146 . ~\.l.,.J 1 J J .. \ ,.. . . ,.",-.1 ,,/1.).~:....... '~ .. -i,j :~ I, "... r _ I ' .J- . ..lv",.,..~,r'. :, " ..;j......:.Jitf:::,., j =',: -' -, ' '/../....1' . .. J. '.~~' ., ., ,,-::", ...... $;.1..11.;1 't,'~ ....v>'" t ~', '," ~(~~~ ~:..:'~. i. ... .\ '. "'.le.ol '. . ,.~ .'.' I, ~ 1.... ,.. """J'<~'~"" ,"~\:'~';:., '.. .,'ts3rj!. ,. I.,.:.. . .,....., /1,1 /' (I / I, ---- '1 I I ! ...DtX ';.S1':4,(),~, ~S~~;~" (, __~~:-~ r'-'-.;,~"'--' ",., I ~I ~~ ~~~ i.~ "'I .~~~. ~ ~h IS~ ~ ~ ~ ~ ;;'~!:ot i. 'Q~ ~l~ ~~l ~~ ~i~ 1 ~ ~I ~~"-. '_.!._-1 I "" \ M..1i1;1(.#lr . I \ .rn' L._.~~~.:;'>>~._.;.. \1 . ' ~ ~; ~l .... ~1 ~~ ! '" "" ::r. Cl. \...... ~~ Q...", ~ V)~ .. ~ ~~ ~~ ~~ ~ 'll:::t I ~~ I Hi -. ili f ~ I - f 1-' ~! '1 I "" '" "" ::r. Cl. " ~ ~. ,,'I " .~ ""/XX I/fIIUlu~..,,'~4f~'Pd '~I~ ,"'" S''''M/& ~&~,_,~"''''IoW\ ! ,JI1rJtJ( II.",II.D" ,_,,,-''''''~./I~ ) ". ~! . ~~ ! ~ Jb 1111 l!o~ iid II , - ~\ ;.;,~ " i , , , , , , , , , , , , , , , I I , , , , , , , , , , , , , , , , , : , , , , , , : , , , i , \ , , , , , , , . . \ \ "..1 (/ V. 8i~ Ii ' e ~ - . 1 . I . ' . . ~ . " & ~ t:: ~I III .. ~ "'1 loo: & I.u ~ f ; ~... t:l \i' I f ~ .- - ..' .. .. ~ ~... ~ !...~ ..!::"I ..... t:l l~ i :s (7' ~ :! : ~: 1 ~ 'I' · < " " . '" ! s '-..; ~ '" ~ 1t -..: ~ 0:: "<: ll...~ CC f:: :t"<: \..)~ 1-.0:: ~\..) ~~ 11)0:: RESOLUTION NO. 98- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR ACCEPTANCE OF DEDICATION OF PUBLIC ROAD RIGHT OF WAY FOR NORTHEAST 35TH AVENUE IN THE CITY OF AVENTURA; AUTHORIZING CITY MANAGER TO OBTAIN AND EXECUTE DEDICATION; AUTHORIZING ACCEPTANCE OF DEDICATION; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the developers and owners of property adjoining a portion of a public road planned for Northeast 35th Avenue, have expressed an interest in dedicating private property and roads to constitute a portion of Northeast 35th Avenue as a public road within the City of Aventura; and WHEREAS, the City Commission finds that it is appropriate and in the best interest of the public to facilitate the dedication of Northeast 35th Avenue as a public road. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. That the proposed dedication of Northeast 35th Avenue, as indicated on Exhibit "A" attached hereto is hereby approved by the City Commission, subject to the requirements of this Resolution. Section 2. That the City Manager is hereby authorized to obtain the Dedication from the owners of the lands which are to be dedicated for public road purposes as a portion of Northeast 35th Avenue. Upon approval by the City Attorney as to the legal form and sufficiency of the Dedication and instrument of conveyance, the City Manager is hereby authorized, on behalf of the City, to execute and implement such Dedication Resolution No. 98-_ Page 2 and to accept the conveyance and dedication of public right of way for Northeast 35th Avenue. Section 3. That the City Manager is authorized to take all action necessary to implement the purposes of this Resolution. Section 4. That this Resolution shall be effective immediately upon adoption hereof. 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 Jay R. Beskin Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Commissioner Jeffrey M. Perlow Vice Mayor Ken Cohen Mayor Arthur I. Snyder PASSED AND ADOPTED this yth day of July, 1998. ARTHUR I. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY CITY ATTORNEY 2 ......... ..... - - --- - -- -- - ---=. - m 11186~2!05 ~f[ 11353;GZ157 LEG~L DESCRIPTION PhRCEL ~TT-l Being a p~rtj.on of Tract "A", "ADMIRAL'S P~T TOHNHCHES", .ecol'"ding to the plat the~eof as reeorded in Plat Book lIS at Page 56 of ~h~ J~blie Records of tlf.de County, Florida, all lyi"9 e.nd oeinq in II p::lrtior, of the Sou-;heast 1/4 of fractional Section :!, Township S2 Souch, !='.a",:,.:: .::> East, Caee Count~'. Florida. more ):"6.r':.ieubrly des:ribed as tollo.5: Begin a1: the Northeast corner of said Tract "A" .. shown on said plat of "ADMIrAL'S PCRT TOWNHCtiES"; 1:henee South 0 degrees 02 minut.e.s 4S seconds East for 135.21 feet to a Point of Curvature; thence Southe~sterly along & circular curve to the left having a radius of 240.00 feet and a cel'".tral a.ngle of 43 degrees 21 minutes 48 seconds for an arc distance of l81.6.c feet (said last mentioned 1:1010 (2l ccurses bein9 coincident with the Easterly ba.wdary line of said Tract "1\", as shown on said plat of "lIClHiU\L'S pORT TOloINHQ1ES"): thence SO\Jth 89 degrees 57 minutes 15 seconds t':est along the boundary line of said Tract. "A" and its Hoi!st.e:ly prolon9.!~ion for 75.52 feet (said la.st. mentioned course bf:ing coincidf:nt with the South line of the Southeast 1/4 of said. ..tractional Section J); t.hE-nce Horth 0 deqrees 02 minut.es 45 seconds West at riqht .1~91es t.o the last and next. mentioned courses tor 300.00 feet.; thence North 89 degrees 51 minutes IS seconds East along the North boundar)' lint' of saie! Tract. "J.", as shown on said plat of ").[)HIRAL'S PORT TOt'lNHO-tES" for 10.00 feet to t,}".e Point of Beginning, all lying and beinq 1n Dede County, Florida. crder No. 137794 September 11, 1980 "'Prep.6.red by- SOf"'-UJCE-SHISKItJ , ASSOCIATES, IIC. La~ Surveyors'" Enqineers .. Land planners Hiarni, Florida E117/&/r 4 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commi sion FROM: DATE: June 3, 199 SUBJECT: Ordinance mending 1997/98 Budget 1st Reading June 9,199 City Commission Meeting Agenda Item J..;b.... 2nd Reading July 7, 199 City Commission Meeting Agenda Item..5l..::.f1 RECOMMENDATION It is recommended that t Ordinance that establish Fund Budget to address Mall. BACKGROUND e City Commission adopt the attached Budget Amendment the Police Off-Duty Services Fund and adjusts the General udget transfers and the additional police officers for Aventura A. Police Off-Duty Se ices Fund - $357,120 The Police Depart ent expenditures in the General Fund originally included the cost of off-duty pol ce details provided to the community, which are offset by the police detail billing revenues. At the time the Police Department budget was prepared, a $10,00 line item was included in the budget for this purpose. It was unknown what the ff-duty detail demands were for the community. Based on one yea's statistical information, it is now anticipated that the Police Department will pr vide over $350,000 in off-duty details in the community for the current fiscal y ar. Based on this amount, it is more prudent to establish a fund to account f r revenues and expenditures associated with the services provided by the 0 -duty police officers. This would provide a more accurate picture of expendit res for the Police Department in the General Fund without the fluctuations in ff-duty expenditures. The budget amount includes the FICA and Workers' Co pensation costs associated with the extra duty detail billings for a total of $357,120. B. General Fund - T allncrease of $19,400 As outlined in the udgetary Report issued to the City Commission for the period ending March 19 8, several mid-year corrections are necessary as outlined below: 1. Office of the City Manager - $12,650 a. Employee S laries - inserts funds for Manager's bonus. b. Car Allowan e - adjusts budget number that was revised last July after the budget as completed. c. Office Sup lies & Printing - increased costs associated with new employee a d Capital Improvement Program oversight and information disseminatio . 2. City Clerk's ffice - $27,900 a. Ordinance odification and Indexing of Minutes - higher than originally anticipated ue to number of ordinances. b. Election Exp nse - unanticipated Charter Referendum was held in March. 3. Finance Sup ort Services - $13,300 a. Overtime & ICA - costs associated with the implementation of the new computer sy tem and training. b. R& M Office Equipment - adjusted figure includes all computer equipment covered by aintenance service agreements. 4. Police Depa ment - $19,400 a. Employee S laries - funds three (3) new police officer positions for two months in ccordance with the Police Services Agreement with the Aventura M II. Reclassifies a current police officer position to sergeant. b. Police Detai Billing - deletes $10,000 amount originally budgeted which will now be i cluded in the Police Off-Duty Services Fund. If you have any questions, please feel free to contact me. EMSlaca Attachment CC0587-98 ORDINANCE NO. 98-_ AN ORDINA CE OF THE CITY COMMISSION OF THE CITY OF AV NTURA, FLORIDA, AMENDING ORDINANCE NO. 97-25, HICH ORDINANCE ADOPTED A BUDGET FOR THE 1 97/98 FISCAL YEAR BY REVISING THE 1997/98 FIS AL YEAR OPERATING AND CAPITAL BUDGET A OUTLINED IN EXHIBIT "A" ATTACHED HERETO; A THORIZING THE CITY MANAGER TO DO ALL THING NECESSARY TO CARRY OUT THE AIMS OF THIS OR INANCE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, upon he periodic review and analysis of current budgetary commitments and obligatio s, and based upon the projected needs and requirements of the City and upon the re ommendations of the City Manager (and the concurrence of the Finance Support Se ices Director as to Accounting Principles), it is deemed necessary to adjust, amen and implement the 1997/98 Operating and Capital Budget as set forth in Exhibit "A" a ached hereto and made a part hereof. NOW, THEREFOR , BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FL RIDA, AS FOLLOWS: Section 1. The r citals contained in the preamble to this Ordinance are incorporated by reference erein. Section 2. The ity Commission hereby authorizes the amendment of Ordinance No. 97-25, whi h Ordinance adopted a budget for the 1997/98 fiscal year, by revising the 1997/98 bu get as set forth on the attached Exhibit "A", which exhibit is deemed incorporated by r ference as though set forth in full herein. Section 3. The C ty Manager is hereby authorized to do all things necessary to carry out the aims of thi Ordinance. Ordinance No. 98-_ Page 2 Section 4. ffective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordi nce was offered by Commissioner Beskin, who moved its adoption on first reading. This motion was seconded by Commissioner Berger, and upon being put to a vote, t e vote was as follows: Commissione Arthur Berger Commissione Jay R. Beskin Commissione Harry Holzberg Commissione Jeffrey M. Perlow Commissione Patricia Rogers-Libert Vice Mayor K n Cohen Mayor Arthur . Snyder yes yes yes yes absent not present for the vote yes , who moved its , and upon The foregoin Ordinance was offered by adoption on second readi g. This motion was seconded by being put to a vote, the vot was as follows: Commission Arthur Berger Commission Jay R. Beskin Commission Harry Holzberg Commission r Jeffrey M. Perlow Commission r Patricia Rogers-Libert Vice Mayor n Cohen Mayor Arthur I. Snyder PASSED AND ADO TED on first reading this 9th day of June, 1998. PASSED AND ADO TED on second reading this y'h day of July, 1998. ARTHUR I. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGA SUFFICIENCY: CITY ATTORNEY 2 EXHIBIT "A" CITY OF AVENTURA This Fund was established to account for revenues and expenditures associated with services provided by off du Police Officers in private customer details to the various businesses and condominiu associations. 310000/319999 Locally Levied Tax s 0 0 0 320000/329999 Licenses & Permits 0 0 0 330000/339999 Intergovernmental evenues 0 0 0 340000/349999 Charges for Servic s 0 357.120 357.120 350000/359999 Fines & Forfeitures 0 0 0 360000/369999 Misc. Revenues 0 0 0 380000/389999 Transfer from Fund 0 0 3999001399999 Fund Balance 0 0 0 .."......................-,............ ,..............,...... tqtJi.i.AV)l,I4\liIi..1;9~~@j~P......... ..../................/....$...... .,..'..,..'.......... ........... ............. ... ... ,;:',::'::;::'::;:.0': ._--.-..... ........... .........,..'... .............................. .,..'..,..'..,...-....... .!(//~~i,1~~/...../.....$..//m;120 EXPENDITURES 1000/2999 3000/3999 400014999 5000/5399 5400/5999 Personal Services Contractual Service Other Charges/Sv Commodities Other Operating Ex tpt4l'l1;i~M,.i~~~*~~$~/....... 6000/6999 Capital Outlay o o o tpt4~~~pfrYAA$......... .....). .............................$/ ......... .....................................-... ....-......,........'..,.. /).......$./A~t,1W... ......../$/ ........W.l20. EXHIBIT "A" CITY OF AVENTURA 1997198 REVENUE PROJECTIONS 3421100 o 357,120 ........,....,'.'........................... ......... ........>............//..$..> ...........,>>$/..)~t,t~~ 357,120 ............ ......... :~:):nn::::H:uns.j :n)U:.;1@:\ EXPENDITURES 1420 2101 2401 Public Safety - 521 Extra Duty Detail FICA ~~.~~.~:~,.~.~~.~~~~~l.~~. ...,.............. '," ','" $iJli;'1'Ciiiii........ ....................>................<...$.../...... ......; o o o 310,000 23,715 ........~~t~'#W..... 310,000 23,715 23,405 ............... . . . . - . . . . . - '. . . , . . . . . . . . . . - . . . ........-.1.-. :> ::: ::: :~d:,~I~.~.~..( .......... /$ 1 TOTAL EXPENDITURES $/ .,-,',..'.,-. ................. :,:::::,::::::;0' <.. ..~tii,1~Q.$; .............. :::)$::: :n>/w;,~f EXHIBIT "A" General Fund - 01 Revenues 3421300 3421100 Charaes For Services Police Services Agreeme t ;;#~w~i~~~:........ ..................................$ o 10,000 :"':1~~W 29,400 -10,000 ........U..1~Ajj~.....> $H~,~~ 'li 29,400 o ............... ....29...;@.. ....... . . ................. ". ':':::::::::::, ......,: :...,.. Total Amendments-Revenu s Expenditures 1201 1420 1201 4041 4701 5101 5901 4740 4750 4915 1401 2101 4650 Public Safelv - 521 Employee Salaries Extra Duty Detail Subtotal $ 2,369,524 10,000 $~tii,li~;j;" UUf 29,400 -10,000 HUj~ U...U..UAk 2,398,924 o U~;~;~" f heC; Man e Employee Salaries Car Allowance Printing & Binding Office Supplies Contingency Subtotal $ 248,242 6.000 o 1,400 200 $ :"MiliJi#i$UH 6.000 1,200 2,000 3,000 450 "1~so. .............. .....................$.. ........... . ....'................ ," :::':':':':-'-:.:-:-:-:.-: 254,242 7,200 2,000 4,400 650 :.":14.2$0 CiIv Clerks Office Ordinance Codification Indexing Minutes Election Expenses Subtotal 3,000 1,000 o ..$..>.>"~' 3,100 800 24,000 'ilif$>:...~t~: <$ 6,100 1,800 24,000 ......:....~"m.. Fin n Su art ervi Overtime FICA R&M- Office Equipment Subtotal 11,000 1,300 1,000 450 23,635 38,_ .............. . ...... .. ....g. ".g. 9.. ......... ..1 .' 11,450 24,935 39,084 ....--......... .. ........... .......7..11. .il$9. ..... .....-- . . ...... . ::C::,::::,,:,.._.;: .,:, ..,.............,................ ............. #il4.1~OO .:HHH1H Hs: Non-DeDartmental - 590 6-60-6999 Capital Reserve Subtotal 2,971,306 (53,850) 2,917,456 H$? ::::n::;~t1~q~: :::<>$ :/)i::::H~AAf::: H<::U::n:Jj: )U)~;~1;~.( Total Amendments-Expend tures .'.:.-,-.:.',-.'-'-'.'.'.' J1~,~~ EXHIBIT "A" Position - Revision Number Police Department 2305 2031 2031-2033 Descri tion Sergeant Police Officers Police Officers Action add delete add CITY OF A VENTURA FINAN E SUPPORT SERVICES DEPARTMENT TO: FROM: BY: DATE: MEMORANDUM SUBJECT: Second Rea ing of Ordinance Establishing Interim Service Fees November 18th, 1997 Cou cil Meeting Agenda Item_~~ July 7th, 1998 Commission Meeting Agenda Item ' B Recommendation It is recommended that th City Commission approve the attached ordinance on second reading to establish an Int rim Service Fee. Background This is the second readi g of an ordinance that was approved on first reading on November 18th, 1997. S cond reading was delayed so that we could complete an Interim Services Fee study to determine the exact rates for each property class. That study was performe by Tischler & Associates, Inc. and after revision is also recommended for adoptio by resolution on the July yth commission agenda. The study and fees are more fully dis ussed as part of the agenda item for the resolution. The body of the ordinanc has been revised by scrivener and housekeeping changes and to better reference th Interim Service Fee Study. The City Attorney's office has stated that we can have se ond reading on the ordinance as revised. Accordingly, we recomme d approval of the ordinance on second reading. If you have any questions please call r stop by my office any time. HMK/mn FSS098-98 ORDINANCE NO. AN ORDINA CE OF THE CITY OF AVENTURA, FLORIDA ESTABLISH I G INTERIM SERVICE FEES FOR PROPERTIE NOT YET INCLUDED IN THE COUNTY'S TAX ROLL; ROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILI ; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in order to recover the cost of providing municipal services to recently developed properf s not yet on the County's tax roll, the City Commission of the City of Aventura wishes to establish an Interim Service Fee; and NOW, THEREFORE E IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FL RIDA, AS FOLLOWS: Section 1. That the ity of Aventura "Interim Service Fee Ordinance" is hereby created to read as follows: Sec. 1. Title; pplication, findings. This ordinance, k own as the "City of Aventura Interim Service Fee Ordinance," hereby stablishes an "interim service fee." (a) The preambl "Whereas" clause is adopted as the findings of the City Commission nd are hereby ratified and confirmed and made specific findings of th City Commission as a part of this ordinance. (b) The City Co mission finds that from the time a new building or structure is complete until the ensuing first day of January when the improvement is added to the tax roll, the City is obligated to provide services for ich ad valorem taxes or non-ad valorem assessments are Ordinance No. 97-_ Page 2 not assessed on the improved portion of the property and for which other revenues pai do not meet the costs of services. (c) The City Co mission finds that owners of newly developed properties receive City- rovided services including, but not limited to police, engineering nd public works, public services, development services, and planning. (d) The City Co mission finds that the additional City services demanded to serve new evelopment provide a valuable benefit to the new development. The cost for the services provided by the City to new development s paid by residents of the City partially through ad valorem taxation. Th owners of the improved properties directly benefiting from payment for t e cost of those services through ad valorem taxation until the City's pr vision of the additional services do not contribute to the those improv ments are placed on the tax roll. (e) The City Co mission finds that the imposition of the interim service fee upon new de elopment for the cost of the City providing additional City services to ewly developed and improved property during the interim period betwe n the time the new development is completed and the time said improve ent is placed on the tax roll represents a fair method to apportion th cost of City-provided services to the recipients of those services. Ordinance No. 97-_ Page 3 Sect. 2. Purpose; i tent. (a) It is the intent of the City Commission to establish an interim service fee in order that new development receiving additional City services be required to p y only its proportionate and fair share of the costs of such services with ut reference to the valuation of the property receiving or benefiting fro said services, and said fee shall not in any manner, directly or ind rectly, be an ad valorem tax, and (b) It is the furth intent of the City Commission that the interim services fee imposed for dditional City services pursuant to this ordinance shall be proportionate to the cost of the services benefiting new development for the period 0 time commencing with the issuance of a certificate of occupancy a d ending at the time such improvements are placed on the tax roll. Sect 3. Definitions. As used in this ordi ance, the following words and phrases have the meanings ascribed in this se tion, unless a different meaning is set forth in another section of this ordin nce or the context clearly indicates otherwise: (a) Building officia: The person on behalf of the City of Aventura who is responsible for issuing a certificate of occupancy for new development. Ordinance No. 97-_ Page 4 (b) Certificate of 0 upancy: The term "certificate of occupancy" shall include certificate of c pletion and release of electrical power which are issued certificate of 0 cupancy, partial or temporary certificate of occupancy, by a building 0 icial to permit the occupancy or potential of occupancy of newly develop property or portion thereof. (c) Feepayer: That person or legal entity reflected on the public records (e.g., development a plication, building permit or other document) of the City of Aventura as th owner of real property upon which a new development (d) Interim service: A user fee imposed on owners of new development for ich are available to the property at the time of the City services issuance of a c rtificate of occupancy and prior to being placed on the City of Aventura t roll, as maintained by the County Tax Collector. The actual interim ervices fee shall be determined in accordance with the Schedule of Fe s adopted from time to time by the City Commission as set forth in Section 12 of this ordinance. (e) New develop ent: The construction, reconstruction, alteration or extension of a building, structure or foundation to improve or alter real property, eithe from its natural state, or where there exists or once existed another structu e, or to rebuild or modify a residential, retail, commercial, office, industri or community facility, institutional use. Ordinance No. 97-_ Page 5 (f) Schedule offee : The schedule of fees shall be adopted by Resolution as provided in Sec ion 12 of this ordinance. (g) Structure: Any uilding or improvement to real property located within the City of Aventur for which a certificate of occupancy is required. Sect. 4. Fee establi hed for services to certain properties. (a) There is her y established an interim service fee which shall apply to those real p operties located within the City with new development, either perma ent or temporary, for which a certificate of occupancy is required, for f II or partial use of the premises, and which shall cover the period from t e date of issuance of the certificate of occupancy until and including the ensuing December 31st, the date normally preceding the day the ne development requiring the certificate of occupancy is assessed by he Miami-Dade County Property Appraiser and placed on the tax roll. (b) The interim rvice fee shall be based solely upon the coast of service and the ben fits applicable to the new development as set forth in the Schedule of Fees adopted by Resolution of the City Commission pursuant to t is Ordinance. (c) In the event hat the feepayer disagrees with the amount of the interim service fee t be charged pursuant to the schedule of fees: Ordinance No. 97-_ Page 6 (1) The fe payer, at his option, may submit evidence to the City Manag r or his designee indicating that the interim services fee to be pai according to the schedule of fees is incorrect as applied to the feepayer's new development. The City Manager or his design e shall adjust the interim services fee if substantial eviden e is submitted that clearly demonstrates that an adjust ent is necessary under the methodology upon which the service fee is based. The burden shall be upon the feepay r to provide all relevant data, analysis and report(s) which would assist the City Manager or his designee in making a deter ination. The analysis and report(s) must be based upon gener lIy accepted practices and methodologies and the formula as set forth in the schedule of fees. All additional information or modifi ation to the evidence presented shall be received by the City M nager or his designee within thirty (30) days from receipt of the nitial evidence to said City Manager. (2) All de isions by the City Manager shall be based on the evidence prese ted by the feepayer, the staff file and other relevant Said evidence must be relevant to the methodologies and th formula set forth in the schedule of fees. Ordinance No. 97- Page 7 (3) The Ci y Manager or his designee's decision to adjust, or refuse to adju t, the interim services fee pursuant to an independent fee calcul ion shall be final. Said decision shall be made in writing and s II be furnished by regular U. S. mail to the feepayers at the ad ress provided by the feepayer. Sect. 5. Fee; when aid. (a) The interim s rvice fee shall be paid upon the issuance of a certificate of occupancy, ither permanent or temporary, and the certificate of occupancy s all not be issued until such time as the interim services fee has been pai in full. (b) The payment of the interim service fee shall be in addition to any other fees, charge or assessments due for the issuance of a certificate of occupancy. (c) The obligatio for payment of the interim service fee shall run with the land. Sect. 6. Fee revisi The City Commissi n may from time to time amend the interim service fee resolution to incre se or decrease the rate of the interim service fee as it applies to new dev lopment. The interim services fee may be adjusted from Ordinance No. 97-_ Page 8 time to time to refl ct the significant changes in the operating budget of the City, if necessary. Sect. 7. Exemption The following shall e exempt from payment of the interim service fee: Property consisting of a structure already reflected on the County tax roll, where a certificate occupancy is required for purposes of either an alteration or remodeling of an xisting residential, nonresidential or lodging unit that does not entail an increa e in square footage use, or traffic generation. Sect. 8. Collection and deposit. The City Manager r his designee shall be charged with the collection of the services fee schedu e. A separate line item shall be established in the General interim service fee ich shall be collected as a condition prior to the issuance of a certificate of occupancy by the building official. The fee shall be determined in acco ance with the Schedule of Fees as set forth in the interim Fund to account f r the collection of the interim services fees. All interim service fees collect d shall be used to offset the services for which the interim services fee was es ablished. Sect. 9. Colle tion of fees when not paid by mistake or inadvertence; altern tive collection in municipal areas. In the event the i terim service fee is not paid prior to the issuance of a certificate of occup ncy because of mistake or inadvertence, the City shall proceed to collect t e interim services fee as follows: Ordinance No. 97-_ Page 9 (a) The City Ma ager or his designee shall serve, by certified mail, return receipt requ sted, an interim service fee statement notice upon the Service of t e interim service fee statement notice shall be deemed feepayer at he address set forth on the certificate of occupancy. notice of the i terim service fee due and service shall be effective on the date of the eturn receipt indicating the notice was received by the feepayer. T e interim service fee statement notice shall contain the legal descript on and shall advise the feepayer as follows: (1) The amount ue and the general purpose for which the interim service fee was impo ed; (2) That the inte im service fee shall be delinquent if not paid and received by the City "thin thirty (30) calendar days of the date of the interim service fee s atement notice is received, excluding the date of receipt, and upon be oming delinquent shall be subject to the imposition of a delinquent fe and interest on the unpaid amount until paid; (3) That in the vent the interim service fee becomes delinquent, a lien against the roperty for which the certificate of occupancy was issued shall be rec rded in the Official Records Book of Miami-Dade County, Florida. The cost of recordation shall be included in the amount of the lien. Ordinance No. 97-_ Page 10 (b) The interim s rvice fee shall be delinquent if, within thirty (30) calendar days from the receipt of the interim service fee statement notice by the feepayer, the interim service fee has not been paid and received by the City. Said ti e periods shall be calculated on a calendar day basis, including Sun ays and legal holidays, but excluding the date of receipt of said interi service fee statement notice. In the event the last day falls on a Su day or legal holiday, the last due date prior to becoming delinquent sh II be the next business day. Upon becoming delinquent, a delinquency f e equal to ten (10) percent of the total interim service fee imposed sha I be assessed. Such total interim service fee, plus delinquency ee, shall bear interest at the statutory rate for final judgments ca culated on a calendar basis, until paid; (c) Should the in erim service fee become delinquent as set forth above, the City shall se e, by certified mail, return receipt requested a "notice of lien" upon t e delinquent feepayer at the address appearing on the certificate of occupancy and the interim service fee statement notice. The notice 0 lien shall notify the delinquent feepayer that due to the failure to pa the interim service fee, the City shall file a claim of lien, including th cost of recording same, with the Recording Division of Miami-Dade ounty, Florida. Ordinance No. 97-_ Page 11 (d) Upon mailing the notice of lien, the City shall file a claim of lien with the Recording Di ision of Miami-Dade County, Florida for recording in the Official Reco s of the County. The claim of lien shall contain the legal description 0 the property, the amount of the delinquent interim service fee and the d te of its imposition. Once recorded, the claim of lien shall constitute a lien against the property described therein. The enforcement f such lien shall be as provided in Section 10 herein. Sect. 10. Lien pro isions. Any nonpayment of or any form of payment of the interim service fee which, subsequent to the i suance of the certificate of occupancy, is not honored or accepted, for whate er reason, by a national banking institution, shall remain due and payable nd shall constitute and is hereby imposed as a special assessment lien ag inst the real property upon which such fee remains due; and until fully paid and discharged, or otherwise barred by law from being assessed, shall re ain a lien equal in rank and dignity with the lien of the City for ad valorem tax s and senior in dignity to all other liens, encumbrances, titles and claims, i to or against the real property containing the structure. Such special asses ment lien may be enforced by any of the methods provided for in Chapter 85, lorida Statutes, or an alternative foreclosure proceeding may be instituted nder Chapter 173, Florida Statutes, or the collection and enforcement thereo may be accomplished by other methods as allowed by law. Ordinance No. 97-_ Page 12 The owner of the re I property shall pay all costs associated with enforcement and collection of u paid interim service fees, including reasonable attorney fees, court costs, ab tracting expenses and other related costs incurred. Sect.11. Administr tion of Ordinance. The City Manager 0 his designee shall administer this ordinance. The duties shall be as set forth in this section and as established by the City Manager and shall include: (1) Providing techni al assistance, information and advice to the City to ensure proper collectio , remittance, accounting, controls and auditability of the interim service f e. (2) Reviewing the i dependent fee calculation as provided in Section 4(c) of this ordinance. Sect. 12. Interim s rvices fee schedule. The interim servic s fee referenced herein shall be adopted by the City Commission by res lution after a public hearing. A copy of the fee schedule shall be available fo inspection in the Office of the City Clerk. Section 2. Severa iIi . The provisions of this Ordinance are declared to be severable and if any sectio , sentence, clause or phrase of this Ordinance shall for any reason be held to be invali or unconstitutional, such decision shall not affect the validity of the remaining sections, entences, clauses, and phrases of this Ordinance but they Ordinance No. 97-_ Page 13 shall remain in effect, it bing the legislative intent that this Ordinance shall stand notwithstanding the invalidit of any part. Section 3. Inclusio in the Code. It is the intention of the City Commission, and it is hereby ordained that th provisions of this Ordinance shall become and made a part of the Code of the City f Aventura; that the sections of this Ordinance may be renumbered or relettered t accomplish such intentions; and that the word "Ordinance" Section 4. Confli t. That all sections or parts of sections of the Code of shall be changed to "Sectio "or other appropriate word. Ordinances, all Ordinance or parts of Ordinances, and all Resolutions, or parts of Resolutions in conflict are h reby repealed to the extent of such conflict. Section 5. Effectiv Date. This Ordinance shall be effective immediately upon adoption on second reading The foregoing Ordin nce was offered by Councilmember Berger, who moved its adoption on first reading. he motion was seconded by Councilmember Rogers-Libert, and upon being put to a vot ,the vote was as follows: Councilmember Arth r Berger Councilmember Ken Cohen Councilmember Ha Holzberg Coluncilmember Je ey M. Perlow Council member Pat cia Rogers-Libert Vice Mayor Jay R. B skin Mayor Arthur I. Sny r yes yes yes yes yes yes yes Ordinance No. 97-_ Page 14 The foregoing Ordin nce was offered by Commissioner , who moved its adoption on se nd reading. The motion was seconded by Commissioner , and upo being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Harry olzberg Commissioner Jeffre M. Perlow Commissioner Patrici Rogers-Libert Vice Mayor Ken Coh n Mayor Arthur I. Snyd r PASSED AND ADO TED on first reading this 18th day of November, 1997. PASSED AND ADO TED on second reading this 7'h day of July, 1998. MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO FORM ND LEGAL SUFFICIENCY: CITY ATTORNEY Ordinance No. 97-_ Page 15 Determination of Value: EXHIBIT "A" CITY OF AVENTURA INTERIM SERVICE FEES The Feepayer shall provid to the City of Aventura a certification of the value of the property being developed, ich certification shall be determined as follows: Residential: The total sales price of the roperty, including land value shall be provided to the City. This total sales pric shall be multiplied by Eighty Percent, to determine the value of the property ubject to the Interim Service Fee. Industrial/Office/Co The Feepay shall certify to the City an estimate of the value of the property, whi h value shall include the complete cost of construction, including Ian value. This value shall be multiplied by Eighty Percent, to determine th value of the property subject to the Interim Service Fee. The Feepayer shall pay to the City of Aventura an amount representing the value of the Ad Valorem taxes sho on the property tax bill that the Feepayer would have received from the Dade ounty Property Appraiser for the Tax Year in which the property is due to receive the Certificate of Occupancy. This amount is calculated based on the property valu s as determined herein times the number of months in the Tax Year in which the pro erty is due to receive the Certificate of Occupancy time9- the applicable millage rate of the City of Aventura. CITY OF A VENTURA FINAN E SUPPORT SERVICES DEPARTMENT MEMORANDUM FROM: rvices Director TO: BY: E~~I'Or. a, ~ty Manager H1rt/M~ilg DATE: SUBJECT: Resolution doptin9 Interim Service Fee Study & Associated Fees July th, 1998 Commission Meeting Agenda Item q Recommendation It is recommended that th City Commission approve the attached resolution adopting the Interim Services Fee S udy and rates included therein. Background As you are aware, the ity Commission heard an ordinance on first reading on November 18th, 1997 to e tablish interim service fees for property not yet included on the County's tax roll. The ommission adopted the ordinance on first reading but there were concerns about the egal defensibility of the methodology used to determine the fees to be charged. Therefore, the City Com ission, based on staff recommendation, authorized that we hire Tischler & Associates Inc. to perform an Interim Services Fee Study. At the May 28th workshop meeting, M . Paul Tischler of Tischler & Associates presented the report to the City Commission. t that meeting, the Commission was satisfied with the report except for the use of a t nty-one (21) month timeframe used for calculating the fee. Mr. Tischler agreed to rev se the report to use the twelve (12) month timeframe which has generally been used b other cities. The resolution which the ommission is asked to approve will adopt the study dated June 1st, 1998 which is at ached to the resolution as Exhibit "A". I have reviewed the report and verified that th only changes were due to the utilization of a twelve-month timeframe for computation of the fees, versus the twenty-one month methodology which was used in the original re ort (dated May 1S\ 1998). Page (2) Memo to City Commission Resolution Adopting Interi Service Fee Report and Associated Fees This twelve-month timefra e is much more conservative and traditional than the twenty- one months proposed in the original study. Since the original report computed all amounts on a one year b sis and then converted the amounts to a twenty-one month rate schedule by multiplyi g the computed rates by 1.75 (twenty-one months divided by twelve months), no amo nts in the report change other than interim service fee amounts. The fee schedule on page three and four of the report reflect the revised rates for each housing unit and non-resi ential type. These rates are approximately 57% (12/21) of the amounts which were included in the May 1st, 1998 report. For a multi-family building, receiving a certi icate of occupancy (CO) in the first week of January, the interim service fee would e $121 per unit. This amount amortizes over the year so that a like structure receiving CO the last week of December would pay only $2 per unit. The amount due will be c mputed and collected as part of the issuance of a certificate of occupancy by the uilding Permit section of our Community Development Department. At the May 28th meeting, t ere was also some discussion about the effective date of the fees and whether anyone hould be grandfathered in based on where their project was in plan review and/or cons ruction. As a matter of practicality, I recommend that the fee be imposed on any units/projects receiving a CO on or fter October 1st, 1998. This will allow for a smooth implementation of the fee y allowing time to revise forms and computer processes and notify the building/develop ent community of the adoption of the fee. If there are any questions, lease feel free to call or stop by my office at any time. HMKlmn FSS097 -98 ESOLUTION NO. 98- A RESOLUTIO OF THE CITY COMMISSION OF THE CITY OF AVENTURA, F ORIDA, PROVIDING FOR ADOPTION OF INTERIM SER ICE FEES STUDY DATED JUNE 1, 1998 PREPARED Y TISCHLER AND ASSOCIATES, INC., ATTACHED HE ETO AS EXHIBIT A, AND INTERIM SERVICE FEE SCHEDU E INCLUDED THEREIN, PURSUANT TO ORDINANCE O. 98- ; AUTHORIZING THE CITY MANAGER TO 0 ALL THINGS NECESSARY TO CARRY OUT THE AIMS 0 THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DA E. WHEREAS, pursua t to Section 12 "Interim Service Fee Schedule" of the City of Aventura Interim Service ee Ordinance, the City Commission is required to adopt an Interim Service Fee Sched Ie (the "Fee Schedule"); and WHEREAS, the Cit of Aventura has caused an Interim Service Fee Study to be conducted for the City by schier and Associates, Inc. (the "Consultant"), noted experts in the area of Interim Servi e Fees; and WHEREAS, the C sultant has produced the Interim Service Fee Study (the "Study") dated June 1, 199 , a copy of which is attached hereto as Exhibit "A"; and WHEREAS, the Ci y Commission has held a public hearing upon the Fee Schedule and finds that th proposed Fee Schedule as set forth in the Study complies with the Interim Service Fe Ordinance. NOW, THEREFOR ,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FL RIDA, THAT: Section 1. The a ove stated recitals are hereby adopted as if set out in full herein. Section 2. That th Study is hereby approved and the Fee Schedule is hereby approved and adopted as the Interim Service Fee Schedule for the City of Aventura pursuant to the Interim Se ice Fee Ordinance of the City. Section 3. The In erim Service Fees contained in said study shall be payable upon all properties receivi g a certificate of occupancy on or after October 1st, 1998. Section 4. This r solution shall be effective immediately upon adoption. Resolution No. 98- Page 2 The foregoing reso ution was offered by adoption. The motion was seconded by a vote, the vote was as foil ws: ,who moved its , and upon being put to issioner Arthur Berger issioner Jay R. Beskin issioner Harry Holzberg issioner Jeffrey M. Perlow issioner Patricia Rogers-Libert Vice- ayor Ken Cohen Mayor Arthur I. Snyder PASSED AND ADO TED this 7th day of July, 1998. ATTEST: ARTHUR I. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Exhibit "A" I terim Service Fees Study City of A ventura Florida June 1, 1998 Prepared by: Tischler and Associates, Inc. Bethesda, Maryland Pasadena, California ~ TISCHLER & AssocIATFS, INe. 4701 Sangamore Road Suite N210 Bethesda. MD 20816 (301) 320-6900 Fax: (301) 320-4860 80 Annandale Road Pasadena. CA 91105-1404 (818) 790-6170 Fax: (818) 790-6235 (800) 424-4318 Fiscal Impact Analysis . Capital Facility Analysis . Impact Fee Systems . Growth Policy Planning . Economic and Market Analysis MUNIES. FISCAlS & CRIM Fiscal jmpacl systems lailored for each community TABLE OF CONTENTS I. EXECU IVE SUMMARy..................................................................................................... I A. BACKG OUND......................................................................... ......... ......................................1 B. METHO LOGY .............................................................................................................. .......1 C. DEM FOR CITY SERVICES ................................................................................................2 D. MAXIM M SUPPORTABLE INlERIM SERVICE FEES ................................................................2 II. GROWT IMPACTED SERVICE ACTIVITIES & ASSOCIATED GROSS FEES......5 A. FIN ANC L SUPPORT SERVICES...................................... .......................................................... 6 B. LEGAL S VICES................................... .................................................... ..... ........... ....... ........ 7 C. PUBLIC S FETY DEPARTMENT ............................................................................................... ..8 D. COMMU ITY SERVICES DEPARTMENT .....................................................................................9 E. NON-DE TMENT AL .................................................................................. ......... .................11 III. IV. ED FEES BEFORE LAND CREDITS ............................................................13 AX CREDITS AND NET FEES........................................................................ 14 V. TING DOCUMENTA TION .............................................................................15 LATlON AND EMPWYMENT ESTIMATES...................................... ................ ........15 HOUSEHOLD SIZE ....................................... ....................................... ..........15 C. BUlLDIN AREA RA TlOS ........................................................................................................16 D. RESIDEN IAL AND NONRESIDENTIAL VEHICLE TRIPS ............................................................17 ~ TISCHLER & AssocIATFS,INe. 4701 Sangamore Road Suite N210 Bethesda. MD 20816 (301) 320-6900 Fax (301) 320-4860 80 Annandale Road Pasadena. CA 91105-1404 (818) 790-6170 Fax: (818) 790-6235 (800)424-4318 Fiscal Impact Analysis . Capita! FacililyAnalysis . Impacl Fee Systems . Growth Policy Planning . Economic and Market Analysis MUNIES. FISCALS & CRIM Fiscal impactsystemslailored for each community I. EX CUTIVE SUMMARY A. Bac ground Interim serv ce fees are charged to new development to cover operating expenses which are n t initially covered by real estate taxes. The reason for implementing interim servO e fees is that a certificate of occupancy for new development issued after Janu I of one year will not be included on the City's tax rolls until the following ye . Since the City needs to provide services to the inhabitants of residential d nonresidential space, interim service fees are an equitable approach to aving these users pay for their fair share of the City services that are needed prior to the time the property is assessed property taxes. Without the mplementation of interim service fees, the existing taxpayers will continue to s bsidize operating costs incurred by the City to service the new residents an employees from the time of the certificate of occupancy to the time the property s put on the tax roll. Accordingly, the interim service fee schedule is prorated for period of from one to fifty-two weeks. A new development receiving a c rtificate of occupancy in the first week of January would pay a relevant inte 'm service fee for fifty-two weeks while a new development which receives a ce ificate of occupancy in the last week of the year would be paying relevant fees or one week (1/52 of the applicable service fees). B. The first co onent of detennining interim service fees is to ascertain the various Cityactivitie whose operating expenses are: I) paid through the General Fund, and 2) likely 0 increase due to growth. Net operating costs for these relevant activities are hen detennined based on the FY97/98 budget. To detennine the net costs, all rele ant revenues for that activity are deducted from the total operating costs for serv ces. For example, federal grants are subtracted from Public Safety costs to dete . ne net operating costs due to growth. The second c mponent is the determination of the most appropriate demand generator (su h as population or employment or both) for the service to be provided to t e property. For example, costs for Legal Services are impacted by both populati n and employment, whereas costs for Community Services are based on veh' Ie trip generation by land use given that a significant portion of these costs ar for roads. Next, factors e calculated based on the demand generator. For example, costs for Legal Se ices are divided by total population and employment to derive a per capita and e loyee cost that applies to new growth. This factor is then multiplied ti es the number of persons per household by housing type to detennine a c st per housing unit, and multiplied times the number of employees Page I per nonresidential square fe t (per room for hotels) by employment type to determine costs for nonresidential space. The next step is to adjust th gross fees to reflect the total property tax revenue collected in the 1997/98 fiscal year. This a oids the possibility that the fees will be higher than the property taxes that would be collecte if the new development were on the assessment rolls. The final step of the methodology is t apply property tax credits for land. Property tax credits result from any real estate taxes paid on the land, which, unlike the improved property, is on the tax rolls during the first year. Section II of this report disc sses the growth related net annual costs for each service activity in the City budget, the method logies used, and the resulting gross annual fees. In Section III, the gross annual fees are adjust d to account for actual property tax collected in the City. In Section IV, land tax credits are appl" d and the net annual fees are derived. Section V is the supporting documentation section and i cludes all population, employment, household and building- employee ratios used to det 'ne the fees. C. Demand for City S rvices Demand for City services in luded in the interim service fee methodology is dependent on the number of people and empl yees per house or per nonresidential activity, respectively. The residential and nonresidenti development categories are described below. Refer to the Supporting Documentation ection at the end of this report for further details. The residential interim servi e fees are calculated on a per housing unit basis for the following categories: 1) single family etached, and 2) multifamily and other. The multifamily and other category includes attached u its such as townhouses and condominiums. The nonresidential interim s rvice fees include three categories: 1) office/institutional, 2) retail/shopping center, an 3) hotel. Nonresidential interim service fees are calculated per 1.000 square feet of develop ent, as determined by gross floor area and the number of employees per square foot. For resort hotels, per room factors are used.) This approach allows the fees to be proportionatel increased according to the size of nonresidential development. D. Maximum Suppor ble Interim Service Fees The table on Pages 3 and 4 elow provide a schedule of the maximum supportable interim service fees for the City; tha is, the amount that will not necessitate any subsidy by the existing taxpayers. This schedule wo ld be included in the interim service fee ordinance. Residential fees per housing unit vary by type of housing and the nonresidential fees are listed per 1,000 square feet of buil ing space (gross floor area). Hotel fees are listed per room. 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OOOO,....WlOll'>VMMNr-oomOOOO"Wll)ll)VMNNr-fJ) T-T-T-T-'r"""'r"""T-T-T-'r"""'r"""T"""~fFTWfhfhytfFTwytytwytyt WW{/}{/}{/}{/}YT{/}YTYTYTYTYT wmONMv~~wmONMv~~wmO~Mv~~wm "'~_~mw~~~vvMN~omOO~~~~vMN~~ NNN ~~~~~~~~~~~YTYTYTYTYT~~YT~YT tl}YTYT YTYTYT(I}YTYTYTYT{/}YTYT ~om moow "''''''' Y> Y> Y> ~oow WIOIO Y> Y> Y> mw..,. www Y> Y> Y> .....com "INN ~.~~vMNomw~mvMN~ow~m~vN~ vMN~om~m~VMN~am~m~VMN~ ~~~~~~~~~00~~~YTYTYT(I}YTYTOO-OO- ~~m~vNa~~MawmM~mmvNm~~N ~~~~~~~~~~~~~~~00~000-00-00-0 ~romMaro~Na~vNm~v~mmM~w~M ~~~~~~~~~~~~~~~~~~~~000 ~;;; NM~~~~=mCrNM~~~~=mOrN MMMMMMMM~~~~~~~~~~~~~ Page 4 Tischler & Associates, Inc II. GROWTH IMPAC ED SERVICE ACTIVITIES & ASSOCIATED GROSS FEES The first component of dete . ning interim service fees is to ascertain the various City activities whose operating expenses : 1) paid through the General Fund, and 2) likely to increase due to growth. Net operating costs for these relevant activities are then detennined based on the FY97/98 budget. To dete ne the net costs, all relevant revenues for that activity are deducted from the total operating cost for services. The second component is to detennine the most appropriate demand generat r such as population and/or employment. The gross fees are then calculated per development pe based on persons per household or employees per square feet or per hotel room. The residential interim servi e fees are calculated on a per housing unit basis for the following categories: 1) single family etached, and 2) multifamily and other. The multifamily and other category includes attached u its such as townhouses and condominiums. The nonresidential interim service fees are base on the three land categories and size ranges as defined below. 1. OfficelInstitution -- This category includes finance, insurance, real estate, services, and institutional 1 d uses. Three size categories are used: less than 17 ,500 square feet, 17,500 to 37 500 square feet, and greater than 37,500 square feet. These reflect smaller and large office related uses, which in turn affect the number of employees per 1,000 square eet. 2. Retail/Shopping uses and shoppin services and eati square feet, 75, These reflect sm employees per 1, enter -- This general commercial category includes all retail land centers. Shopping centers typically include personal and business drinking places. Three size categories are used: less than 75,000 to 150,000 square feet, and greater than 150.000 square feet. ler and larger retail activities, which in turn affect the number of square feet. 3. Hotel -- This cat gory includes hotel facilities that provide sleeping accommodations, restaurants, cocktail lounges, meeting and banquet rooms or convention facilit es, and other retail and service shops. At the City's discretion, base on an applicant's request and supporting documentation, a more appropriate nonresidential I d use category may be utilized as based on the Institute of Transportation Engineers Tr" Generation manual. For example, a self service storage facility would be its own category, d the applicable fee would be calculated based on the unique employment levels for this t e of facility. In general, the larger the office and retail activities, the fewer employees there w 11 be per 1,000 square feet. The industrial category, or warehousing and light industrial, are fair! consistent regardless of size. Other categories that may be more specific could have higher 0 lower numbers. Page 5 Tischler & Associates, Inc. A. Financial Support Ser ices Of the five activity centers f the Finance Support Services Department, the Director of Finance Support Services activity is xpected to be unaffected by growth. The other activity areas of Accounting, Purchasing Hu an Resources and Information Management will be affected by growth. The budget expens categories include personal services, contractual services and other charges and services. To as ertain the department's variable operating expenses, the $138,555 personal services costs for t e Director of Finance Support Services activity is deducted from the total cost $519,171. This r suits in an expense of $380,616. A per capita and employee st factor is next derived given that both residential and nonresidential development benefits from this activity. Dividing the net cost of $380,616 by the total peak population and e ployment in the City, 41,239 (24,360 residents plus 16,879 employees), results in a cost factor of $9.23. The table below, which also uses data in Section V, Supporting Documentation, umrnarizes the gross factors by land use type using the above cost factor. Financial Su port Services Gross Interim Service Fees City of Avent ra, Florida Persons Per ousehold Single Family Detached Multif mily Employees r 1,000 Square Feet Com I Shop Ctr < 75,000 Sq Ft Com I hop Ctr 75,000-150,000 Sq Ft Com I hop Ctr > 150,000 Sq Ft Office Inst < 17,500 Sq Ft Office Inst 17,500-37,500 Sq Ft Office Inst> 37,500 Sq Ft Hotel er room) Level Of Se ice Cost p r Capita or Employee Gross Interi Service Fees Resid ntial Single Family Detached Single Family Attached Nome idential Com I hop Ctr < 75,000 Sq Ft Com I hop Ctf 75,000-150,000 Sq Ft Com I hop Ctr > 150,000 Sq Ft Office Inst < 17,500 Sq Ft Office Inst 17,500-37,500 Sq Ft Office Inst> 37,500 Sq Ft Hotel er room) Page 6 Standards: 2.11 1.68 3.33 2.50 2.00 4.39 4.04 3.80 0.90 $9.23 Per Housina Unit $19.46 $15.47 Per 1.000 Sauare Feel $30.77 $23.07 $18.46 $40.49 $37.28 $35.03 $8.31 Tischler & Associates, Inc. B. Legal Services A legal firm performs legal ervices as required by the City Council and City Manager. Based on discussions with city sta f, it is estimated about 25% of the legal services costs can be considered variable and wil increase due to growth. Therefore, 25% of the $205,000 in legal costs represents variable co ts of $51,250. Dividing $51,250 by the total peak population and employment in the City, 41, 39 (24,360 residents plus 16,879 employees), results in a cost factor of $1.24. The table below s mmarizes the gross factors by land use type using the resulting cost factor. Legal Service Gross Interim Service Fees City of Avent a, Florida Persons Per ousehold Sing e Family Detached Mult amily Employees P 1,000 Square Feet Co I Shop Ctr < 75,000 Sq Ft Co I Shop Ctr 75,000-150,000 Sq Ft Co I Shop Ctr > 150,000 Sq Ft Olli Ilnst < 17,500 Sq Ft Offic Ilnst 17,500-37,500 Sq Ft Offic Ilnst > 37,500 Sq Ft Hot (per room) Level Of Serv, Cost per Capita or Employee Gross Interim ervice Fees Resi ential Sing e Family Detached Sing e Family Attached Non sidential Co I Shop Ctr < 75,000 Sq Ft Co I Shop Ctr 75,000-150,000 Sq Fl Co I Shop Clr > 150,000 Sq Ft Offic Ilnst < 17,500 Sq Ft Ottic Ilnst 17,500-37,500 Sq Fl Otti Ilnst > 37,500 Sq Ft Hot (per room) Page 7 Standards: 2.11 1.68 3.33 2.50 2.00 4.39 4.04 3.80 0.90 $1.24 Per Housina Unit $2.62 $2.08 Per 1.000 Square Feet $4.14 $3.11 $2.49 $5.45 $5.02 $4.72 $1.12 Tischler & Associates, Inc. C. Public Safety Departm nt As the City continues to gro , most of the public safety operating expenses will increase. Exceptions are the positions of police chief, deputy chief, executive assistant and administrative assistant. However, the oth r activity centers of uniform patrol, special services and administrative services will xperience an increase in operating expenses. The total public safety budget is $4,099,720. From this is deducted the fully burdened personal services costs of the four positions noted above, 280,152. The gross costs are therefor $3,819,568. Three revenue categories are deducted fro this figure. These are federal grants ($7,396), police detail billing ($10,000), and county court lUes ($35,000). When the total revenue of $52,396 is deducted from the expenses, the resul ing net expenses are $3,767,172. The demands for services ar calculated by evaluating the calls for service as provided by the Police Department. In eVal ting the costs for service, T A aggregated the calls for service, which could be attributed to onresidentialland uses, such as retail, office and industrial/flex, and residential land uses. F r a period of approximately 3 months, ending in January 26, 1998, the calls for service from th e categories totaled 2,885. Of these, approximately 59% were for the nonresidential categories indicated above and 41 % were for residential. Of the nonresidential calls, 93% were specifically elated to retail activities and 7% were related to the remaining two categories. These distributi ns of calls for service are not surprising given the magnitude of retail activity within the city compared to other land uses. This distribution will be used for the allocation of the costs. As noted, 41 % of the net ex enses are allocated to residential. This figure of $1 ,544,540 (3,767,172 x .41) is divided y the population figure of 24,360 to generate a per capita cost of $63.40. The nonresidential cost is all ated on the basis of employees per thousand square feet by type of activity. TA used the Dade ounty employment estimates by traffic analysis zone in Aventura for 1995 and 2005 and assu ed an average annual increase during this period. This results in an estimated 8,359 employees i the commercial sector in 1997. Since 93% of the nonresidential costs are allocable to retail, r $2,067,047 ($3,767,172 x .59 x .93), the cost per retail employee is $247.28. The other remai ing employment is for industrial (701 employees) and service (7,746 employees including otels). The remaining costs, $155,584, ($3,767,132 x .59 x .07) are allocated to the 8,447 emplo ees. The resulting figure is $18.42 per employee for these categories. The table below ummarizes the gross factors by land use type using these resulting cost factors. Page 8 Tischler & Associates, Inc Public Safety Gross Interim Service Fees City of Avent ra, Florida Persons Per ousehold Si 91e Family Detached M tifamily Employees P r 1,000 Square Feet Co / Shop Ctr < 75,000 Sq Ft Co / Shop Ctr 75,000-150,000 Sq Ft Co / Shop Ctr > 150,000 Sq Ft Offee / Inst < 17,500 Sq Ft Off ce / Inst 17,500-37,500 Sq Ft Off ce / Inst > 37,500 Sq Ft Ho el (per room) Level Of Se~ ce Co t per Capita Co t per Retail Employee Co t per Office/Hotel/Industrial Employee Gross Interi Service Fees Standards: 2.11 1.68 3.33 2.50 2.00 4.39 4.04 3.80 0.90 $63.40 $247.28 $18.42 Ie Family Detached Ie Family Attached Per Houslno Unit $133.70 $106.31 Pef 1 [)()() Sauare Feet $824.26 $618.20 $494.56 $80.80 $74.40 $69.90 $16.58 / Shop Ctr < 75,000 Sq Ft / Shop Ctr 75,000-150,000 Sq Ft / Shop Ctr > 150,000 Sq Ft e / Inst < 17,500 Sq Ft e / Inst 17,500-37,500 Sq Ft e / Inst > 37,500 Sq Ft I (per room) D. Community Services D partment There are a number of servi s performed under the Community Services Department. These are allocated to four general ctivity centers: public works, contractual city engineer services, landscape architecture, and ultural/recreation. During the current budget y ar, the operating expenses of this department will increase in order reflect the operation of Foun ers Park as well as the initiation of the local circulator bus services. Accordingly, there are no fi ed costs assumed in this department. The total community service costs are $1,306,902. From his is subtracted the General Fund revenue category of recreational/cultural events ( 20,000) and the State revenue sharing revenues utilized in the operations of this departmen ($78,000). Therefore, revenues of $98,000 are deducted from the total costs, to represent a net operating expense of $1,208,902. Because the overwhelming cus of current activities are related to roads, street maintenance, and related landscaping and eautification, road usage by various land use categories is utilized Page 9 Tischler & Associates, Inc. "', a proxy for allocating the Community Services Department costs. The table below provides a summary of the Level of Se vice standards used to calculate the interim service fees. Community Services Gross In rim Service Fees City of Aventura, Florida Total Res and Nonres AWDV ips in 1997: Total FY97 Net Community Se ices Operating Cost: 143,505 $1,208,902 Commercial! Office! Residential ShoDDina Centers Hotel 9.57 5.86 87.31 68.17 53.22 22.64 18.31 15.59 8.92 62% 23% 28% 34% 50% $8.42 $8.42 $8.42 Average Weekday Vehicle Trip Ends R i i t r H In ni Single Family Oetached Multifamily r i nil r 1 F Com! Shop Ctr < 75,00 Sq Ft Com! Shop Ctr 75,000- 50,000 Sq Ft Com! Shop Ctr > 150,0 0 Sq Fl Office /I nst < 17,500 S Ft Office !tnst17,500-37, 0 Sq Ft Office Ilnst > 37,500 S Ft Hotel (per room) Trip Adjustment Factors Residentiat Com 1 Shop Ctf < 75,00 Sq Ft Com 1 Shop Ctr 75,000- 50,000 Sq Ft Com 1 Shop Ctr > 150,0 0 Sq Ft All Other Nonresidential Level Of Service Annual Operating Expe ditures per Trip: Gross Interim Service Fees Residentiat Single Family Detached Muttifamily Nonresidential Com 1 Shop Ctr < 75,00 Sq Ft Com 1 Shop Ctr 75,000- 50,000 Sq Ft Com 1 Shop Ctr > 150, Sq Fl Office Ilnsl < 17,500 Sq Ft Office Ilnst 17,500-37,5 Sq Ft Office Ilnst > 37,500 Sq Ft Hotel (per room) Per Housing Unit $49.98 $30.61 Per 1,000 Sq Fl $169.43 $162.65 $151.09 $95.37 $77.11 $65.65 per Room $37.57 The total annual net operatin cost of $1 ,208,902 is divided by the estimated number of residential and nonresidenti Average Weekday Vehicle Trips (A WDVT) in 1997, 143,505. (Refer to the Supporting Do mentation Section at the end of this report for details on how 1997 trips are determined.) The r ulting average operating cost is $8.42 per trip. This is multiplied by the number of trips for ea h development type to determine an average annual cost factor to be applied to new growth. T e resulting fees are shown at the bottom of the table. Page 10 Tischler & Associates, Inc. The Level of Service (LOS standards include Average Weekaay Vehicle Trip Ends from the reference book, Tri Gener tion, published by the Institute of Transportation Engineers (6th edition, 1997). A "trip end' represents a vehicle either entering or exiting a development (as if a traffic counter were placed cross a driveway). For trip generation rates not shown in the table, A ventura staff may use the ost appropriate rates from the Trip Generation manual, or rates from approved local transp rtation studies. Trip generation rates are adj sted to avoid double counting each trip at both the origin and destination point. For offic institutional and hotel development, the trip factor is 50 percent. For Commercial/Shopping enter development the trip adjustment factor ranges from 23 to 34 percent depending on the fl r area of the development. The trip factor is less than 50 percent because retail uses attract v hicles as they pass by on arterial and collector roads. For example, when someone stops at a co venience store on the way home from work, the convenience store is not their primary destinat' n. The Trip Generation manual indicates that, on average, 31 percent of the vehicles enter ng shopping centers that have at least 250,000 square feet of floor area are passing by on their ay to some other primary destination. The remaining 69 percent of attraction trips have the sho ping center as their primary destination. Because attraction trips are half of all trips, the trip adju tment factor for large size Commercial/Shopping Centers is 69 percent multiplied by 50 pe ent, or approximately 34.5 percent of the trip ends. The data contained in Tri Generatio indicates there is an inverse relationship between shopping center size and pass-by trips. Ther fore, appropriate trip adjustment factors have been calculated for the three categories of shop ing center size used in the Community Services Department interim service fee calculations. For Residential uses, the tri adjustment factor is 62 percent because many of the employed residents of A ventura go to ork outside of the City. Half of the trips attributed to residential uses are production trips (Ie ving home), and half are attraction trips (returning home). Therefore, the basic trip fact r is 50 percent. To this is added II percent to account for A ventura residents working outside th City. According to 1990 census data (from Table P-46 of STF3A), approximately 84% of A ven ura workers were employed outside of the City. Because home- based work trips generally a count for 28% of all productions trips (National Personal Transportation Study, US D pt. of Transportation, 1984), these three factors may be multiplied together (0.50 x 0.28 x 0.84) to indicate the percentage of home-based work trips to locations outside of Aventura. The re ulting 12 percent of trips have been added to the residential trip adjustment factor to account for increased road impact due to commuting patterns. E. Non-Departmental Various activities ofthe non departmental category will provide services directly to employees of various departments or to he City at large. For example, the insurance cost is heavily influenced by increase in pe onnel, particularly police. Postage and copy machine costs are also affected by increases in pop lation and employment within the city. The total operating expenses for this department are $516,179. Since there are no offsetting revenues, these costs are reflected as part of the in erim service fee. Dividing $516,179 by the total peak population and employment in the City, 41,239 (24,360 residents plus 16,879 employees), results in a cost Page II Tischler & Associates, Inc. factor of $12.52. The table elow summarizes the gross factors by land use type using the resulting cost factor. Non-Oepartm ntal Gross Interim Service Fees City of Avent ra, Florida Persons Per ousehold Sing Famiiy Detached Multi amily Employees P r 1,000 Square Feet Com I Shop Ctr < 75,000 Sq Ft Com I Shop Ctr 75,000-150,000 Sq Ft Com I Shop Ctr > 150,000 Sq Ft Offic Ilnst < 17,500 Sq Ft Offic Ilnst 17,500-37,500 Sq Ft Offic I Inst > 37,500 Sq Ft Hote (per room) Level Of Serv e Cost ef Capita or Employee Gross Interim Service Fees Resi ential Singl Family Detached Singl Family Attached Nom sidentiat Com Shop Ctr < 75,000 Sq Ft Com Shop Ctr 75,000-150,000 Sq Ft Com Shop Ctr > 150,000 Sq Ft Offic Ilnst < 17,500 Sq Ft Ollic Ilnst 17,500-37,500 Sq Ft Offic Ilnst > 37,500 Sq Ft Hotel (per room) Page 12 Standards: 2.11 1.68 3.33 2.50 2.00 4.39 4.04 3.80 0.90 $12.52 Per Housina Unit $26.39 $20.99 Per 1,000 Sauare Feet $41.72 $31.29 $25.03 $54.91 $50.56 . $47.50 $11.27 Tischler & Associates, Inc. III. ADJUSTED FEES BEFORE LAND CREDITS For purposes of fairness, an to avoid the possibility that the fees will be higher than property taxes that would be paid if t ese were partial year assessments, the net costs determined in Section II are adjusted dowr to the total property tax revenue collected in the 1997 fiscal year. Total growth-related Genera Fund expenditures amount to approximately $5.92 million. However, property tax rever ues for that year amount to $5.86 million, 98.92 percent of the $5.92 million growth-related total, Net expenditures for each service activity in the General Fund are reduced proportionately, Th", table below summarizes the proportionately adjusted growth related net costs for each gr< Moth impacted service activity discussed in Section II. Total General Fu d Costs and Adjustments to F operty Tax Total City of Aventura, Florida Net General Adjusted Net Percent Service Fund Cost General Fund Cost Adiustment Financial Services $380,616 $376,496 98.92% Legal Services $51,250 $50,695 98.92% Public Safety $3,767,172 $3,726,398 98.92% Community Servic s $1,208,902 $1,195,818 98.92% Non-Departmental $516,179 $510,592 98.92% Total $5,924,119 $5,860,000 98.92% This percentage adjustment must similarly apply to the gross fees by land use type for each service activity calculated i Section II above. The gross fees and resulting adjusted fees are summarized in the table below. Qooss lI1d ~_trlerim _lICe Fees by Service Pi. 'vity aty 01 A....-olu'a, Aorida Total Land Use Type Rnancial l.eaaI Services PIJJIic SaIeIv Services Services l?ross i Jldu 00 l?ross 'Jldustoo l?rossiJldustoo l?ross Mustoo l?ross i i>diustoo .Qooss i Arlusted _demal (11 Sir>;je Farrily Deta:I1ed $19.46 , $1 25 $2.62 $2.59 $133.70, $132.25 $49.98 $49.44 $26.39 , $26.11 $232 $230 MJItif:m1y $15.471 $1 31 $2.00 $2.00 $100.31 1 $105.16 $3:).61 $3:).28 $20.99 ! $20.76 $175 $174 -(2) Com I st'<Jp Or < 75.r:xxJ Sq A $3:). n , $343 $4.14 $4.10 $624.26! $815.34 $169.43 $167.60 $41.72 : $41.27 $1,070 $1,059 Com I st'<Jp Or 75,r:xxJ-15O,r:xxJ Sq A $23.07 , $282 $3.11 $3.07 $816.20! $811.50 $162.65 $160.89 $31.29 , $3:).95 $83B $829 Com/st'<JpOr> 15O,r:xxJ Sq A $16.46 i $1 26 $2.49 $2.46 $494.56 i $489.20 $151.00 $149.45 $25.03 , $24.76 $692 $684 Ofice/tnst < 17,500 Sq A $40.49 j $4<05 $5.45 $5.39 $00.00 , $79.93 $95.37 $94.34 $54.91 : $54.32 $ZT7 $Z74 Ofice/tnst 17.500-37,5OOSq A $37.28 , $388 $5.02 i $4.97 $74.40 , $73.60 $77.11 $76.27 $50.56 ! $50.02 $244 $242 Of"", Itnst > 37.500 Sq A $35.03 , $365 $4.72 , $4.67 $89.90 , $89.14 $85.65 $84.94 $47.50 ! $46.99 $223 $22D rbteI (~room" $8.31, $ .22 $1.12, $1.11 $16.56 , $16.40 $37.57 $37.16 $11.27 ! $11.14 $76 $74 (1) Fees ate per lIlit for residential. (2) Fees ate per 1.r:xxJ Sq. A. for ~ ard Of"" I nst. Erd per room for ftltels. Page 13 Tischler & Associates, Inc IV. LAND TAX CRED TS AND NET FEES Given that owners of new d velopment will pay property taxes on land (which is already on the tax rolls) during initial occu ancy after construction is complete, credits for land property tax payments must be subtracte from the gross interim service fee. Based on an analysis of the Miami Dade Property Appn 'ser's Assessment Roll, land value as a percentage of total property value (land plus improveme ts) have been estimated for each of the residential and nonresidential land use cate, ories. These percentages are shown in the table below. Land alue as a Percentage of Total Value For N w Construction City 0 Aventura, Florida Resid ntial Single Family Detached 40% Multif~ mily 30% NonrE sidential Comrr ercial/Shopping Ctr. 45% Office nstitional 25% Hotel 30% Sourc : City of A ventura, Finance Support SelVices The net interim service fees y land use are detennined by reducing the gross fee by the associated land value percen age of total property value. The results are summarized in the table below. Net Interim S rivce Fees City of Avent ra, Florida La d Use Type Residential Single Family etached Multifamily Nonresidenti I Com / Shop Ct < 75,000 Sq Ft Com / Shop C 75,000-150,000 Sq Ft Com / Shop C > 150,000 Sq Ft Office / Inst < 7,500 Sq Ft Office / Inst 17 500-37,500 Sq Ft Office / Inst > 7,500 Sq Ft Hotel (per roOf 1) Page 14 Gross Adjusted Fee $230 $174 $1,059 $829 $684 $274 $242 $220 $74 Net Fee After Land Credits $138 $121 $582 $456 $376 $206 $181 $165 $52 Tischler & Associates, Inc. V. SUPPORTING DO UMENTATION A. 1997 Population and E ployment Estimates Current population and emp oyment estimates in Aventura are summarized in the tables below. Based on discussions with ity staff, seasonal residents are estimated to be 20 percent of year- round residents. Total peak year population is therefore 24.260. Total at place employment in the City is estimated to be 1 ,879 based on Dade County Traffic Analysis Zone (T AZ) data. The second table shows employe estimates by employee type. 1997 Popul tion and Employment Estimates City of Ave tura, Florida Year-round opulation Seasonal re idents (1) Total Peak- ear Population 20,300 4,060 24,360 Employmen (2) 16,879 Total Popul tion and Employment 41 ,239 (1) Estiamte to be 20 percent of Year-Round Population. (2) Estimate based on Dade County total employment estimates byTAZ in Aventura in 1995 (16,299) and 2005 (19,199) and averaging the employment increase. 1997 Employ ent Estimates by Employment Type City of Avent ra, Florida Employment Category Employees (1) Industrial Service Commercial 701 7,746 8,359 (1) Estimated ased on Dade County employment estimates by T AZ. in Aventura in 1995 (16,299) and 2005 (19,199) and averaging the employme t increase. B. Average Household Siz In 1990, there were 8,889 ho seholds in A ventura. The 1990 mixture of housing types, as defined by units in structure, s shown in the figure below. After reviewing the detailed household size data. T A reco ends using the following two residential categories in the interim service fee calculatio s: 1) single family detached, and 2) multifamily, which includes all Page 15 Tischler & Associates, Inc. attached housing units. Th resulting average household size is 2.11 for single family detached and 1.68 for multifamily. differentiation by type of housing is necessary to make the interim service fees roughly propo ionate and reasonably related to service demands. Population and Housin Characteristics Aventura, Florida Persons per Units in S ructure Persons Households Household Owner-Occupied Housi g 1 detached 79 40 1.98 1 attached 633 287 2.21 2 33 17 1.94 3-4 22 18 1.22 5-9 139 70 1.99 10-19 185 112 1.65 20-49 1,084 623 1.74 50 or More 9,022 5,440 1.66 Other 322 211 1.53 Renter-Occupied Housi g 1 detached 18 6 3.00 1 attached 180 68 2.65 2 9 5 1.80 3-4 40 21 1.90 5-9 60 29 2.07 10-19 67 40 1.68 20-49 255 136 1.88 50 or More 2,702 1,741 1.55 Other 59 35 1.69 Housing Dist. Aggregate Household aracteristics Single Family etached 97 46 2.11 0.5% Multifamily (1) 14,431 8,607 1.68 96.7% Other 381 246 1.55 2.8% TOTAL 14,909 8,899 1.68 100% (1) Includes SFA, and 2 u its per structure through 50 or more units per structure. Source: 1990 U.S. Censu Bureau Summary Tape File lA, Avenlura COP C. Building Area Ratios To convert employment to g oss floor area of nonresidential development, T A used average square feet per employee m Itipliers (per room for hotels). The multipliers shown in the table below are derived from nati nal data published by the Institute of Transportation Engineers (ITE) and the Urban Land stitute (ULl). The trip generation rates and the square feet per employee multipliers are us d in the interim service fee calculations. Page 16 Tischler & Associates, Inc. Employee 81'id 8ullding Area Ratios City of Aventu,"3 Interim ServJce Fee Land Use (ITE code) Commercial I Shopping Ctr (820) 50 KSF GLA 100 KSF GLA 200 KSF GLA General Office (710) 10 KSF GFA 25 KSF GFA 50 KSF GFA General Light Industrial (ItO) Hotel (310) (1) Based on Information provided fr (2) Square feet per employee caJculat from Dollars and Cents of SOO i is based on data in 1997 ITE Manu densities Wkdy Trip Ends Per 1,000 Sq Ft (1) ( er Room for Hotels)(l) Emp Per Wkdy Trtp Ends 1,000 Sq Ft Sq Ft Per Employee (1) (Per Room for Hotels) (1) Per Emp (2) 87.31 na 3.33 300 na 2.50 400 53.22 na 2.00 500 22.64 5.16 4.39 228 18.31 4.53 4.04 248 15.59 4.11 3.80 253 3,02 2,31 433 14.34 0.90 Trio Generation, Institute of Transportation Engineers, 1997. from trip rates except for Shopping Center data, which are derived Centers, published by the Urban Lancllnstitute, and for hotels which sourced from Buttke, Carl H. unpublished studies of building employment The square feet per employe multipliers shown in the last column on the right are used to convert employment into th usands of square feet (KSF) of nonresidential floor area. In A ventura, the General Light dustrial (ITE land use code 110) is an appropriate prototype for jobs in the industrial employ ent sector. Office development in A ventura is typically located in scattered, mid scale building . Therefore, a general office building of 25,000 square feet is a suitable prototype for future ffice and institutional development. This size office building has an average of 248 square fee per employee. For Retail jobs, a prototypical development in Aventura is a shopping cent r of approximately 100,000 square feet. A commercial development of this size wi! have approximately 400 square feet per employee. These "prototypes" are used to calc late total nonresidential trips in 1997. (Refer to the next section regarding the derivation of t tal residential and nonresidential vehicle trips in 1997.) D. Residential and Nonres dential Vehicle Trips The table below shows the e timated 1997 average weekday vehicle trips (AWDVT) in A ventura. Both residential d nonresidential trips are calculated. This information is used for the interim service fees asso iated with the Community Services Department (refer to Section II, Part D). Based on current d velopment characteristics, there are an average of 60,338 residential trips and 83,167 nonresident al trips for a total of 143,505 vehicle trips on an average weekday. Page 17 Tischler & Associates. Inc Residential Housing Units (1) Units Single Family D ached 89 Multifamily 16,622 All Other 475 Total 17,186 Average Weekday Vehicle rip Ends per Household (2) Single Family De ached Multifamily All Other Residential Vehicle Trips n an Average Weekday Single Family De ached Multifamily All Other Residential Sub otal Non-Residential Gross Flo r Area (Sq. Ft. x 1,000) (4) Industrial Service (Office) Commercial Average Weekday Vehicle rip Ends per 1,000 Sq. Ft. (2) Trip Factors (3) Industrial 6.97 50% Service (Office) 18.31 50% Commercial 68.17 28% Non-Residential Vehicle Tr ps on an Average Weekday Industrial Service (Office) Commercial Nonresidential ubtotal 1997 Vehicle Trips on An verage Weekday City of Aventura Interim S rvice Fees 9.57 5.86 2.21 TOTAL TRIPS Percent 0.5% 96.7% 2.8% 100.0% Trip Factors (3) 62% 62% 62% 517 59,184 638 60,338 304 1,918 3,344 1,059 17,551 64,557 83,167 143,505 (1) Based on 17,186 residen ial units in 1997 as estimated by the City. Percent breakdown by housing unit type based 0 household distribution percentage as indicated in 1990 Census. (2) Trip ends from 1997 ITE anual for residential. Trip rate for multifamily is Residential Condo/ Townhouse category. Tri factor for other residential based on Congragate Care Facility. Nonresidential based on ical development characteristics in Aventura -- 100K retail space, 25K office space, and lig industrial. (3) See text in Section II, Pa D for an explanation of trip factors. (4) Based on 1997 employm nt distribution times employee square foot factors for typical development characteristi s in Aventura. Page 18 Tischler & Associates, Inc CITY OF A VENTURA o FICE OF THE CITY COMMISSION MEMORANDUM TO: Eric M. Soro a, City Manager FROM: Jeffrey M. Pe low, Commissioner DATE: July 2, 1998 SUBJECT: Communicati n by Commissioners July 7,1998 City Commi sion Meeting Agenda Item 10 Please place the following opic on the Commission meeting agenda for possible action to prepare legislation: Communica ion by Commissioners Prior to Public Hearing JMP/tms cc: City Commission MIAMI DAILY BUSINESS REVIE Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appe ed Octelma V. Ferbeyre, who on oath says that she is the Supervisor, legal Notices of the Miami Daily Busin 55 Review ffk/a Miami Review, a daily (except Saturday. Sun ay and Legal Holidays) newspaper, published at Miami in de County, Florida; that the attached copy of advertisem nt, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA ORDINANCE AMENDING ORDINA CE NO. 97-25 in the .......................XXXXX...................................... Co rt, was publiShed in said newspaper in the issues of Jun 15, 1998 Affiant further says that the said Miami Daily Busi 55 Review is a newspaper published at Miami in said de County, Florida, and that the said newspaper has hereto ore been continuously published in said Dade County, Flo da, each day (except saturday, Sunday and Legal Holidays) nd has been entered as second class mail matter at the ost office in Miami in said Dade County, Florida, for a peri of one year next preceding the first publication of the atla ed copy of .advertisement; and affiant further says that she as neither paid nor promised any person or rpora ion any discount ebate, commissio f d for t pu se of securi is advertisem lication n the aid newsp er. ~ ~. ctryofi[;e CITY OF AVENTURA PUBLIC NOTICE OF PROPOSED ORDINANCE NOTICE IS HEREBY GIVEN that on Tuesday, the 7th day of July, 1998, at a meeting of the City Commission of the City of Aventura, to be held at 6:00 p.m. in the Commission Meeting Room at the Aventura Hospital and Medical Center, 21110 Biscayne Boulevard, Suite 101, Aventura, Florida, the City Commission will consider the adoption of the following Ordinance on second reading, entitled: AN ORDINANCE OF THE CtTY COMMtSSION OF THE CITY OF AVENTURA. FlORtDA. AMENDING ORDtNANCE 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 tN EXHIBIT 'A' ATTACHED HERETO; AUTHOR- IZING THE CITY MANAGER TO DO All THINGS NECES- SARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVtDING FOR AN EFfECTIVE DATE. The prpposed Ordinance may be inspected by the public at the Of~ fice qfthe City-Clerk, 2999 N.E. 191st Street, S\Jite 500, "Avenlura, ~jQrrcfa-:-lnterested -parties :-m-ayappear--aTthe Public Hearingand'1)e- heard with respect to the proposed Ordinance. Any person wishing to address 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 with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability 'should contact the Office of the City Clerk, 466.8901, not later than two business days prior to such proceedings. If a person decides to appeal any decision made by the City 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 June 15, 1998. Teresa M.$mith, CMC, City Clerk 98-4..()61508M 6/15 MIAMI DAILY BUSINESS REVIE Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appe ed Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Busin 55 Review ftk/a Miami Review, a daily (except Saturday, Su ay and Legal Holidays) newspaper, published at Miami in de County, Florida; that the attached copy of advertisem nt, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA AN ORDINANCE ESTABLISHING INTERIM SERVICE FEES FOR PROPERTIES NOT YET INCLUD D IN THE COUNTY'S TAX ROLL in the .......................XXXXX...................................... Co rt, was publiShed in said newspaper in the issues of Jun 15, 1998 (SEAL) Y P OfFICIAL NO P.V SEAL " U<9( JANETT L ERENA Octelma V. Ferbeyre per ~ fct meC.Mlss"OH NUMBER <<' " '!\ 1 ~ <( CeS6 004 "" . '" . rf MY COMMISS N EXPIRES {' OF f\.O JUNE 2 2000 J ~~~J~~. G-Iy ofB~ CITY OF AVE.,.TURA PUBLIC NoTICE OF P"OPOSED O"DINANCE . I NOTICE tS HEREBY GIVEN that on Tuesday, the 7th day 01 July, 1998, ata meeting of the City Commission of the City of Aventura. to be held at 6~OO p:m, in the Commission Meeting Room at the Columbia Aventura Hospital and Mad!' al Center, 21110 Biscayne Boulevard, Suite 101, Aventura, Florid , the City Commission will consider the adoption of the following _ rdina n", on second reading, entitled: , AN ORDtNANCE OF THE CITY 0 AVENTURA, FLORtDA ESTABLlSHtNG INTERIM SERVtK:E FEES FOR PRO- PERTtES NOT YET tNCLUDED tN THE COUNTY'S TAX ROLL; PROVIDING FOR tNCLUSIC)N IN THE CODE; PRO- VIDING FOR CONFLICT; PROVIDtNG FOR SEVERABILITY; AND PROVtDtNG AN EFFECTtVE 9ATE. The proposed Ordinance may be ins~cted by the public at the 01. lice of the City Clerk, 2999 N,e, 191st Street, Suite 500, Aventura, Florida, Interested parties may appear at the Public Hearing and be heard'withrespect to the proposed Ordihanoe, ~y per$On wishing to address the City Commission on any item at *his PU,blic Hearing is asked to'reQister with the Ci~yClerk prior-to that 'em being heard, 'h"accOrdance with theAm~ric:ans with Dt$aIJtli~es Act of 1990, all persOns' ...mo'ltre disabled and WhO need' specia/accommodations' to parti~pateil1 ~isp~ingbe e:use otthatdisabmtysho~I~~ntact t~"Ofli1l<!~'lhe ~~~~,,4Q!! i!91, "'*laten_~o'~IJS""S dayS p~ort<?-sU'cti pr~~~s~." -. , " < "'If,'~\pet'SO~f;deCictes toap _' any decis~onr;nade by th~ City Commission with, respect to an matler considef'e<i at .a meetmg or hearing, that person will need . record of the proceedings and" for such purpose, may need. to e sure- that: a verbatim ~rd of. the proceedings is made. which rdinetudes the testimony and evid~nceupon which the appeal s to ~ based. Dated June 15, 1998. , "~I Teresa M. Smith, CMC, City Cterk 9S'4-061507M 6/15 MIAMI DAILY BUSINESS REVI W Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally app red Sookle WIlliams. who on oath says thai she Is the Vice President of Legal Advertising of the Miami Dally Bus ness Review flk/a Miami Review, a dally (except Saturday, S nday and Legal Holidays) newspaper, published 81 Miami In ade County, Florida; that the attached copy of advertise ent, being 8 Legal Advertisement of Notice In the matter of CITY OF AVENTURA PUBLIC HEARING 7/7/98 APPLICANT NAME: BISCAYNE RETAIL PARTNERS, LTD. APPLICATION NO.: 09-SP-98 AND 04-VAR-98 xxxxx In the... ...... Durt. W.rJ!'Jbll~~ :n 'r'l,'!l'~p.p.r In the I..u.. ot Affiant further says that the said Miami Dally Bus nsss Review Is a newspaper published at Miami In said ade County, Florida, and thai the said newspaper has here fore been continuously published In said Dade County, FI rlda, each day (except Saturday, Sunday and Legal HoUda and has been entered as second class mall matter at the post office In Miami In said Dade County, Florida, for a per d of one year nexl preceding the first publication of the alt ched copy of ertlsement; and affiant further says that sh has nelt pal nor promised any person, firm or corpo tlon any Isco t, rebate, commission or refund for the pu ose of ecurl g this adv Isement for publication In th said ne p,-er. (SEAL) Sookle Williams pe OFFICIAL NOTA V SEAL ..t-wlt II .ANETT LL ENA ~.1 kno m8': '" . If:;.. ,t C9MMlSOIOH MBEA 15, l, ~ CC566 04 ?",' 12 11'I COMMlSSlO EXPIRES l' OF' cO'" JUNE 232000 l)\: .\\'p , ~~ -\- &~... 4''fC.~;'''.1~:t *~l~ -'t~-)~':-::'.<-~--:~}}~ -:* VII,)~' ' ~".\ CITY.OF A"ENTURA NOTICE OF PUBLIC HEARING DATE AND TIME OF PUBLIC HEARING: Tuesday, July 7,1998 6:00 pm Biscayne Retail Partners, Ltd. The applicant ','isrequesting . Site Plan approval in'coojunction with the following non-use variances as prompted by the Florida Department of' Transportation (FOOT) taking of a portion of the' subject property: 1)' a non-use variance of open . space requirements; and 2) a sign variance to permit two (2) signs larger than allowed by Code APPLICATION NUMBER: 09-SP-98 and 04-VAR-98 i LOCATtON OF SUBJECT PROPERTY: 19915 -19925 Biscayne Boule- vard (aka. BorderslUnens & Thingsl Chili's) LEGAL DESCRIPTION: Tract -A-12- of -Aventura 12th Addition" according to the plat thereof, as recorded in Plat Book 146 al Page 19 of the Public Records of Dade County, Florida. SIZE OF SUBJECT PROPERTV:' :Approximately: 5;92 acres. ., .,....., -,~. ,~. .1'~'" ,;~'. -"., 'f:""" '.~,.- APPLICANT NAME: APPLICANT REQUEST: Plans are on file and may be examined ~ring regular business I hours in the City of Aventura, Community Deyelopment Department, ! 2999 NE 191 Street, Suite 500. Aventura, FIo~ida, 33180. Plans may' be modified at or before the Public Hearing~ The application may change during the hearing process. The Rublic He~lfing. will be held at Aventuraj Medical Arts Building, 21110 Biscayne Boulevard, Suite 101, Aventura,. Florida? 33~80. ~~ur comments may be made in person at the hearing. or, flied," wrltmg prior to the hearing date. Refer to applicant/property ~n correspondence and mail, same to City of Aventura, Communlty Development Department, 2999 NE 191 Street, Suite 500,Aventura. Florida, 33180. 'For further information, please call (305) 466-8940. In flCC9rdan~ with the Americans ,with DisabilitIes Act of 19,90, all c': persons.: Who ,ar~; disabled. and... whoneeQ :spec~al~c:com(Tlodations, to partiCipate in this proce:edlng-because of that dlsa~lhty shoul.d c()ntact 'the Office of the City Clerk,466-S901,.not later than two business days prior to such proceedings. If a person decides to appeal any decis~on made by th~ 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 p~rpose, may need to ensure that a verbatim re,?<,rd of the proceedings is made, which record includes the testImony and evidence upon which the appeal is to be based. Teresa M. Smith, CMC, City Clerk 98,~-06~.A1M 0126 MIAMI DAILY BUSINESS REVI W Published Dally except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally app ared Sookls WIlliams, who on oath says that she Is the Vice President of Legal Advertising of the Miami Dally Bus ess Review tiki. Miami Review, a dally (except Saturday, S day and Legal Holidays) newspaper, published at Miami In ade County, Florida; that the attached copy of advertise ent, being a Legal Advertisement of Notice In the matter of CITY OF AVENTURA PUBLIC HEARING 7/7/98 APPLICANT NAME: DREW WOLF APPLICATION NO.: 03-MA-97 xxxxx Durt, In the... W.1Jl\bll'~~ :n .t9~'1\.p.por In tho I..u.. of Affiant 'urther says that the said Miami Dally Bus n... Review Is 8 newspaper published al Miami In said ad. County. Florida, and that the said newspaper has heret fore been contlnuously published In said Dade County, FI rlda, each day (except Saturday, Sunday and Legal Hollda and has been entered as second class mall mailer at the post office In Miami In said Dade County, Florida, tor a perl d o' one year next preceding the first publlcatlon of the all heel copy o. advertisement; and affiant further says that sh has neither paid nor promised any person, firm or corpo tlon any disc t, rebate, commission or refund for the pu ose of secu this advertisement for publication In th said n ............iJ. . 26 PI/ OFFICIAL N TARV SEAL own to~. JANETT LERENA '" ~ () CDMMlSGe NUMBER ~ Jt ~ 'it .',<< CC5 6004 "1- . . i' ItI't N EXPIRES OF f\.O JUNE 32000 CITY OF AYEII11JRA NoncE OF PUBLIC IEARING ;DATEANO'iiME OF PUB~lC HElUIIIG:T~. July 7,1998 . I 6:ODpn AP~L1CANT NAME: Drew walt APPLICANT REQUEST: . The applicart is....-,g the fotlowing: 1. RoIeese 01 pnMousIy approved Roso- . lution No.Z..g.ag; am 2. Variance from D1apter 33 of the Miami- Dade CounIy Code requiring a minimum side 51_ _ of fifteen (15) feet. (Provision of zero (0) foot side street solback is pooposed); and 3. Variance from QuIpter 33 of the Miami- Dade Counly Code requiring a minimum front yard _ 01 twenty (20) feet. , (Provision of zero (0) foot front setback is proposed). This iten;l was deIened from the public hearing meeting of June 9, 1998. APPLlCATtON NUMBER:' D3-MA-97B .tOCATION OF SUBJECT PROPER1'Y: 171166-17870 Biscayne Boul.- vai'd .LEGAL DESCRIPTION: Lots 9 and 10 less therefrom the east 33.75 feet, of "'Maule Federal Highway Industrial Sites" at PI8t Book 46. at Page 55. of the Public Records of Miami-Dade County, Aorida. SIZE OF SUBJECT PROPERTY: Aw.....'*"Y D.32 acres (13.872 SF) "Plans are on file and maybe examined during regular busines~ 'hpurs in the City of Aventura, Community Development Department. ',f9~.~~~fi~~1 a~t~ret~~~~et~O'~~~~:~;~~ii~~~;~. ~:~ ~'a:nge' during thehearhlg-jxOtesS.:{ . .c, ,~,:",:\, ":~:'~r~ ";, ., ", ..:. '. ',,; ',',,' ;,,"- 'f The PubliC; Hearing will be. held ,~':A"""" MedicalArls Building, 21 no Biscayne Boulevard, Suite 101, ~"FIorida,'33180. Your cOlTli"ents may be made in person. at the heari1g or filed in writing prior to the' hearing date.. ..Refer.. to applicant/property ?n correspondericeand mail same to City of Aventura, Communlty Development Department, 2999 NE 191 SIreet, Suite 500, Aventura, Florida, 33180. For further information, please caB (305) 466-8940. In accoi'dance with the Americans willi Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that clsabilily ~d contact the Office of the City Clerk, 466-8901. noIlaIer than two bUSiness days prior to such proceedings. If a person decides .tQ-appeal any decision made by the City Commission with respect to any matter ....~ed at a meeting or hearing, . that person will need a reoon:I 01 the ~ings and, for such purpose, may need to ensure 1hat a verbatim recoi'd of the proceedings is made. which. recoId includes the testimony and evidence upon which the appeal is- to be based.. Teresa M_ Smith. CMC, City Clerk 9&3-062667M 6126 MIAMI DAILY BUSINESS REVI W Published Dally except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally ap red Sookls Williams, who on oath says that she Is the Vice President of Legal Advertising of the Miami Dally Bus ness Review flk/a Miami Review, a dally (except Saturday, S day and Legal Holidays) newspaper, published at Miami In ade County, Florida; that the attached copy of advertise ent, being a Legal Advertisement of Notice In the matter of CITY OF AVENTURA PUBLIC HEARING 7/7/98 APPLICANT NAME: ROBERT LA SBURGH APPLICATION NO. 08-SV-98 In the....... xxxxx ..... Durt, "YJ'J\bll~~ ;n 'r~~'ll.pap.r In the I..u.. of 26 (SEAL) Sookls Williams personally CITY OF AVENTURA NOTICE OF ~!iI,.IC tllEAJIlNG DATE AND TIME OF PUBLIC HEARING: Tuesday, July 7.1998 6:00 pm Robert LansbLirgh The applicant is requesting a. Sign Vari- ance to permit the following: 1. Modification to a 'previously approved Resolution which permitted the erection of one Wall Sign with the condition that the property owner relinquish all rights to the permitted Monument Sign. ~n exchange for' the variance; :. 2. One (1) Wall Sign of 1115 square feet which exceeds the previ<jlusly approved size of 90 square feet;' . 3. One (1) Monument Sign with sign area not to exceed 48 square feet and height not to exceed 8 feet. APPLICATION NUMBER: 08-SV-98 LOCATION OF SUBJECT PROPERTY: 2940 NE 168 Street LEGAL DESCRIPTION: An unplatted parcet of tand in the Southwest 14 ,of Section 3, Township 52 South, Range 42 East. (Lenglhy Legal - You may contact the Community Development Department for the complete legal description). SIZE OF SUBJECT PROPERTY:, Approximately 1.2 acre. APPLICANT NAME: APPLICANT REQUEST: Plans are on file and maybe examined during regular .business hours' in the City of A~ntul'fl~ ~.~~.ity"JJ~~!cmm~nt,.~Dment_ 29991\fE 1"91 Street, Suite 500, Aventura, Florida, 33180. Plans may be modified at or before the Public Hearing. The application may change during the hearing process. The Public Hearing will be held, at Aventura Medical Arts Building, 21110 Biscayne Boulevard, Suite 101, Aventura, Florida, 33180. Your comments may be made in person at the hearing or filed in writing prior to the hearing date. Refer to applicant/property on correspondence and mail same to City of Aventura, Community Development Department, 2999 NE 191 Street, Suite SOD, Aventura, Florida, 33180. For further information, please call (305) 466-8940. In accordance with the Americans with Disabilities Act of 1990, all person's. who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the City Clerk, 466-8901 , not later than two business days prior to such proceedings. If a person decides to appeal any decision made by the City 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. 6126 Teresa M. Smith, CMC, City Clerk 98-3-062643M MIAMI DAILY BUSINESS REVI W Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally app .red Sookl. WIlliams. who on oath says thai she Is the Vice President 0' Legal Advertising of the Miami Dally Bus ess Review flkl. Miami Review, a dally (except Saturday, S day and Legal Holidays) newspaper, published at Miami In ade County, Florida; thai the attached copy of advertise ent, being 8 Legal Advertisement of Nollee In the matter of CITY OF AVENTURA PUBLIC HEARING 7/7/98 APPLICANT NAME: HIDDEN BA ASSOCIATES II APPLICATION NO.: 03-VAR-9 In the . XXXXX ............ Durt, W~Jl'1'II.~~ :n .~~~'!\"p.per In Ihe I..ue. 01 Affiant further says that the said Miami Dally Bus n888 Review Is a newspaper published at Miami In said ade County. Florida, and that the said newspaper has heret fore been continuously published In said Dade County, FI rlda, each day (except Saturday, Sunday and Legal Hollda and has been entered as second class mall matter at the post office In Miami In said Dade County, Florida, for a peri d of one year receding the first publication of the att hed copy advert ement; and affiant further says thai sh has nelth r paid r promised any person, firm or corpo tlon any scoun rebate, commission or refund for the pu ose of s urin Ihls adye emenl for publication In th said ews a~ . 26 iJ' (SEAL) Sookle Williams person ARY SEAl. I~own ~e. JANETT lERENA '" ~ C' CClMMiSElIO NUMBER " i" ~ '< t: ~ CC56 004 ."" '" fJ MY COMMISS N EXPIRES '" OF F'-O'" JUNE 3 2000 ~:',' CITY OF AVENTURA . ...MmCE.OFPufLIC-HEARlNG DATE AND TIME OF PUBLIC HEA~ING: Tuesday, Juty 7. 1998 i 6:00 p.m. APPLICANT NAME: Hidden lBay Associates II APPLICANT REQUEST: The ap~icant is requesting the following: 1. Non se Variance for building height in excess, of permitted height, as required pUrSua~ to Section 33.312 of the Miami- Dade Cpunty Code; and 2. Non-kJse Variance from Section 33-211 of the Niliami-Dade County Code requiring an interior side setback' (south property line) of 1343 ft. (Provision of 247 ft. interior setbackll is proposed); and 3. Modification of previously approved Resoludons to the extent . that develop~ent approvals may be granted far this jIlpplication. APPLICATION NUMBER: 03-VAR,98 LOCATION OF SUBJECT PROPEI!TY: NE 190 Streel and DUm- faundlirl~ Bay LEGAL DESCRIPTION: Tracts i , M and R of Marina Del Rey Revis ',according to the plat thereof, as record in Plat Book 144 at, Page 89, of the P~ lic Records of Dade County, Florida. SIZE OF SUBJECT PROPERTY: pproximately 25.92 acres Plans are on file and maybe xatnined during regular business hours in the City of Aventura, Co munity Development Department, 2999 NE 191 Street, Suite SOO, A ntura, Florida, 33180. Plans may be modified' at or before the Pu ic Hearing. The application may change during the hearing process. :1 'The Public Hearing will ,be held ~t 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 heating date. Refer to applicanVproperty c:m correspondence and mail same to City of Aventura, CommuOlty DevelopmentOepartment, 2999 N~ 191 Street, Suite 500, Aventura, Florida, 33180. For further informati9n, please call (305) 466.8940. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that di.sability should contact the Office a,' the City Clerk, 466-8901, not later than'two business days priorto such proceedings. If a person decides to appeal; any decision made by the City Commission with' respect to any ~atter considered at ~ meeting or hearing, that person will need a ,",cord 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. teresa M. Smith. CMC. City Cterk . 98-3-062644M : 6126 RESOLUTION NO. 98-_ A RESOLU ION OF THE CITY COMMISSION OF THE CITY OF VENTURA, FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE, SUBJECT TO ANNUAL REVISION ND AUTHORIZATION, THE CITY OF AVENTURA CAPITAL IMPROVEMENT PROGRAM DOCUMENT FOR FISCAL YEAR 1998/99 TO 2002/03; AUTHORIZI G THE CITY MANAGER TO DO ALL THINGS NECESSAR TO CARRY OUT THE AIMS OF THIS RESOLUTI ; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the apital Improvement Program document for fiscal years 1998/99 to 2002/03, atta hed hereto was presented and recommended to the City Commission of the City f Aventura by the City Manager as a long term plan of proposed capital expendit res, the means and methods of financing the projects and an action plan for the impl mentation of the projects; and WHEREAS, the C ty Commission recognizes the need to adopt a Capital Improvement Program to address Beautification and Parks, Roads, Drainage and Infrastructure Improveme ts, Public Buildings and Facilities, Communications and Computers and Capital quipment Purchase and Replacement which represents a commitment by the com unity toward achievement and maintenance of a desirable high quality of life for all re idents; and WHEREAS, the Ci y Commission recognizes the need to formulate a Capital Improvement Program whi h adopts a sound financing plan that includes both pay-as- you-go and bond financin . The proposed Capital Improvement Program document for fiscal years 1998/99 to 2 02/03 reflects the need to issue aproximately $19.3 million dollars in debt, not includi g bond financing costs and reserves, to fund several of the Resolution No. 98-_ Page 2 projects included in the p an. The City Commission pledges thlt during their current term of office, they will ot take action to increase ad valo em taxes to support additonal debt service re uirements other than what is provider for in the proposed Capital Improvement Prog am document or required by the City'~ Comprehensive Plan or such other County or tate legislation requring or causing sJme, without a vote of the electors of the City 0 Aventura. However, in no event sh~1I the public's health, safety, welfare or best i terests be jeopardized or the Cityls ability to react to ! unforeseen emergencies r provide services to the community be limited in order to avoid additional debt or ta increases. WHEREAS, in the vent operating expenditures increase ,at a higher level than , I expected, or unanticipate events reduce key revenue sources, ~n an annual basis the I City Commission will end avor to reprioritize projects or revise the schedules in order I to eliminate the need for ad valorem tax rate increases durin$ the next four years I (1998-2002). However, i no event shall the public's health, $fety, welfare or best I , interests be jeopardized r the City's ability to react to unfor~seen emergencies or I provide services to the co munity be limited in order to avoid tax iincreases. WHEREAS, the ity Commission has reviewed the IcaPital Improvement I Program document at a p blic meeting of the City commissionl and wishes to adopt , said document in concept. i ! I NOW, THEREFOR ,BE IT R~OLVED BY THE CITY CbMMISSION OF THE CITY OF AVENTURA, FL RIDA, TtfAT: Resolution No. 98-_ Page 3 Section 1. The ity Commission of the City of Aventura hereby accepts and adopts in principle, subje t to annual revisions and authorization, the City of Aventura Capital Improvement Pro ram document for fiscal years 1998/99 to 2002/03 attached hereto and incorporated h rein as specifically as if set at length herein. Section 2. The ity Manager of the City of Aventura, Florida be and the same is hereby authorized to d all things necessary and expedient in order to carry out the aims of this Resolution. Section 3. This esolution shall take effect immediately upon adoption. PASSED AND A OPTED by the City Commission of the City of Aventura, Florida this th day of July 1998. ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEG L SUFFICIENCY: CITY ATTORNEY EMS/tms ARTHUR I. SNYDER, MAYOR \~998\S8087\SD-' L'8 Jul 7 12: 25: 33 1995 J03::?H B KALL::'1 [; !;SSC<:ATI:S i::05: 920-5745 ~e -I Tn o ,- \ 1>- , r :~ :;;If LJ ; I , "" ~i 1 ~:I .:1 W ~~I "I , , , .~~~ I".::' b'<1 i~~: ..1 ~; 1 81 ~ll , , itJ '~' I~'i ,...., 'Jl tt" M ~~ II 11 ." ~ 11 J>. ~ ~ r i ~~~~5 ~ J>. J>.;'1 , AI ,- a ~~ ~~~' ~~r ~g; h~r~ U ~~:~~~i}jl~~ .~~~~ ~ 00 (p (p \J Q r Q r . :!~ ];];F~~~S~~ ~ .., ~ ~ ~ &mm [] [] " 2: 'n f.l -+ a.... 3. ~ ", mull') 0,....,.. -+ ~ ~ !:< ~? 1: " " ~~~~""~~~ ~ 1)' ~ is ,5 r8 8. j) 1TI J!!f s (j\ ~ ~ 1;; ~ m ,Z: -+~l>- _S cq",x~~~ m ~' r S ~~ ()> Q ~ (,\ ",'" ,.. m.... -/>- 8 "'m ::Jpp.m~,.... o ,tl> []; 7'i ~ J>.p ~ Q \J G \]I '"tT ~ '" g qg. ;, ;~ J>.' '::: ~.-+ '- (j\ ~ ,\)I........ ~~s:l;:~ ~"'~ ,~ ~ gj ~ ~ :. ~'" . ~ ~ x . ~ "l1~ '" j!! ~ :z:- ~ ~ ~ ~ ~ :~ T " , . " go Q c " . . e ~ " i'i ~ 0 ~ '" '" 0 ~ . ~. ,-. _. _ g CJ i3J_ Q j:><:[ ~ I--ij :ai]yg'!J- ~o~w"." ''''''i",~,~wC''l."',~.,.m~ ::;, "I --i; fl , :1 -i" -;1 ,E..--i, ",o'{&("ll , , , , , , , , , , i , , , , , , , , , ", !, i ~.I ., , /=~~"'. i , , (f.l: ,...., ~":>.'/',/ ~'" i , '" ; 5 - - Ii ~~ i i , I, 8"'1 II '. ~ i , - - ~: "',<,' ONE STY c.a,s "" ~;r [-- 1 r'~.NM1. "'",oe.."'O".L ,"'JL::lNC, 1 01"'. ~<lo<WA- "I'~'~~'''''''' ,,,,. _~ ~~~J"~ , I. II I:>I,! F'....AN ~\.).J ...J ~rr\ ~ i: ~~~~i:E ,I iilI1'~?'~ __ 1: a" II Q .... -00 "\;21)> l:ii:ii:il=;iO~^ '*"""'*" 050>"<> ~g~ ~~~- )> r- 'IOto.:'D &0 _r- ~~C3 ~o. C::(y-" ",:,0, ~~i 70 't;:"'z,: 0;; -= -~o- >0 ):- o i)1' ...i-- -\ A , ~, t~c~,"t"~:'.~ i,; 'b ==-~- ',>" ",;. \ '--n' (I; l'uYL4 ./V\.o (:{::....,L-'...\ j 1~_: t l.Jj I en ___ ,,,' P~~~"'c"~;;'i;;~~;-TF-? '-, v,b",...J'col f,' ~'.~..'_/; .,_J'Y) '{."\ ..- "'10\ ~ , e ,l I, J ~,y '( i) -, !r~~'fL~) \~~~~~~E~~I~<c'l 0" -~'l ~;:_~:~:~J . .. ...jOl. i~;&~: - ' : y- :': . ~"'~, r. _ _f":o.~ I .1l.>~1ltii I "'~""':E~I--;~~ M .fflJft ~---' ~ ".1:;:"1) .., .! 1"1'!~ " ':. f'N!&',6, I ":> , ), ~ ----' -1 / --...... v I ,:3 , r.... f- <:: f (^ L , ~. ! fi" I ~ j ,'~ 1.,.-3.;- r " , --~ i,'. ",' }I,i:<' -":;;,:i,':\ ',:'.\.A.:J ~, , '''1'' j 'i-- ",,, . I> , l \~ . , ~ l r , ~iIllW"":":' ",', ~ . .c .t ~', ,-'" I .... oH[~H~o I\TTORNEYS AT LAW l~~~~lo Alan S. Krischer (305) 579-0837 July 2, 1998 VIA HAND DELNERY Ms. Brenda Kelley Interim Community Develop oot Director City of Aventura 2999 N.E. 191st Street, Suit 500 I"'l..\'entura~ Florida. :!3180 Re: Hidden Bay ssociates II - Public Hearing Application No. 03-VAR-98 _ Withdrawal 0 Application Dear Ms. Kelley: Pursuant to Section 3 -304 of the Code of Miami-Dade County, as adopted by the City of Avootura, by this letter Hidd Bay Associates II (the ''Applicant'') hereby formally withdraws its application for non-use vari ces, originally submitted on April 14, 1998, and described by Public Hearing Application No. 03- AR-98, with prejudice, subject to the time limitation exemptions set forth in Section 33-304(a). In accordance the provisions of Section 33-304, this written notification of withdrawal ha been executed by the Applicant in the same manner as the original submittal of the application. I would greatly app eciate it if you would sign the enclosed copy of this letter acknowledging the withdra I of the application, and return it to my attention at the below address. Please feel free to ca me at (305) 579-0837 if you have any questions regarding this matter. Very truly your~,;" . '" /" /- ./ :~, i _...:~,,-' _.______ Ala:rrS. Kfiscner cc: Mr. Eric Soroka David Wolpin, Esq. Clifford A. Schu1man, E q. GREENE ItC TltALlUG HOFFMAN LIPOFF ROSEN & QUEl\TEL, P.A. 1221 BRTCKEU.Av l'\UE MIAMI, FT.ORlrJA 3:H31 305-579-0500 FAX 305-579-0717 MIAMI N w YOUK W..\SIIINCTON, D.C. PHILADELPHIA SAO PAULO FOHT LAUIH:RI), ,I, WI,S')' PALM B.EACH ORLANDO TALLAHASSEE BOCA RATON J LP t..J? ( 3JOI ,0'0 %r) J t.J.t' (, tV'" /fItJ, IlN ~D D'O no OUt () rY 2,--"Zrd ozdo A tl~\.lc SEL. 002" 350J Q 0.-11 3 S"'1? ( l\oo hoD J..;6J(.) ~ 3(/7 30; '3,(:) ( t6'~ '3 VC) V <co'y c:20< 0 I ~. c~ ~ /1~a~!..1?{ &c Y/t'-- ~ t>~ \k.ll-^'" T'Saa Sv-V'-- /fI D'L~ -r ToJ 0 (J(}vJ DJJ~cJ< ~~ 4- ~ 1.(' ~~1/-----/ (QLiol!,{1j2J2, If' /)1 ,O:""vV; /.JJ:!1L--- vi, III cvui~~/ K (Y7~ )1 ~'d~':" /,), /'h41 ' A ---'- /'L/L-pt i/I~ ;ZC<-c:'''-tt --, '7 ~7 JJd7- -? 00,,(- _J /) ..J '?J c; () ~ ~'3o ::2 ~.- // ::: iL"7' - _~ (' D .-; c.9---UJ~ 000 Lj()D V:{) L-) t-A I #0 1o-J' IN 'leu yv'o foe] 'Y- LA) I;NJ 6 WE. THE UNDERSIGNED RESIDENTS AND VOTERS OF MYSTIC POINTE, ARE OPPOSED TO THE ~RQPOSED 72 STORY BUILDING AT HIDDEN BAY, BUILDI~G HEIGHT SHOULD NOT EXCEED CURRENT LIMITATIONS. NAMF (' 1". \ (') , \"""1 r A~ Q, ;;.... h \ ./--...1...... (~./'L.Y. ;' >,:;:r:: -~~ ' <;? , IINTT RinG, # -0 -+~ (~ ;-..L" )../ l d-u '1 t tJ <) ~. J- J/o t-II =< ! , /' /;~ -~ .~ -,>.~ 4- /'7-. () 7 I. C\i~1 '';; , ;~j '; t~ <:: 2 c?::' DO 'J ~) . tH. .200 2&11 ~ ~~CJ r!20~ CJql ~ ffio{) r?-ob lJ~ 2....--(> t :1W --too , \ lA v-.. ~ 2/DD ej-O (, , D /00> )...00 a ) >('-2 06 I ~o I 1:F?-lfD t ~, ?LO d~ o--1J doc! '\)0 1'1 () l... '2 GO ';MJ-o (). f!}-b w , of)- 170& o ---z- () t1 'Z- LJt/' ~ ot? '-;;;'-0 v pOO <vrL) VtfV ).00 .' 'j'---'" "'~ c" l.;.. ;.../ :2..<:::.: c:.> ~() va .?-&D d-ozJ .;:2.. . V VZJ rr- --, -"\ /8 @ ~ 0) ~ Di) . y.(} WANT A lWGE .. .STOYBUILDING AT. . . " r:D~N BAV; . . . ...OV.E":'S'/H:A'n.....o,.W..,'...I'N....G..... ....: i"': " "", ' )'-,,":~!' _,' : ;' ":, :.:' i :-: ',',":":- :': ,'>", .';' "Y,. >", ,,:~ " J" :-1', ":::, : '-: ',', ~': _~;'" .:':: , ; .. .... .M.. ..V. ..T...IiC';'P::.'O.IN. .T':E? :,,;,,! :'::,:1 J">,::, :-::: "'",: .'J.,,'..,:;,.:...? -,;';"'(::",'" -:~, -:;: "", ',:, "-:.'.,: " ,,' ' , . ':AC2I.E" '8.''1:1'. .N.Up....A. 'TT.BE. .C.O'NCm" n~~: ':r.~SoK.F.. J1.. . .Fn~E' . .B.... ,U.S" .8. .ER".V' .IC"E. ..:O:'~~. .'. ::iBls\1E. YI;ORTANTMEETI~G' :....... . I; :: ....: , .. . .. .. .. .. . .. I ED RESIDENTS AND VOTERS OF MYSTIC POINTE, o Y BUILDING AT HIDDEN BAY, HEIG T SHOULD NOT EXCEED CURRENT LIMITATIONS. 2t..r J 3~ 3t'() bU -<- /log o Q '- (,~ ---.... J"_J u'1 A-" 2 d IJ J (' 0.:), 3t:r() JDt) 30(,' .3 t'-i) /':' ::5 j 'Y c"lJ 03 /' ...I I 301--8 I ED RESIDENTS AND VOTERS OF MYSTIC POINTE, o Y BUILDING AT HIDDEN BAY, BUILDING HEIG T SHOULD NOT EXCEED CURRENT LIMITATIONS. , ~~~ 2 ~ c---- WE I -rJ..IG UItJDERSICNeD RE.5:t:DGA/T.:5 fiND VOTGr<S 0-"1 Mtj:5T1C Y&:rAl~ ,$7k'~ (J??OSGP 70 We 'fleD fbsGp 7,,2. S/O~ 13{jJ!..D~/lJC;: #T 1/ .r.D.o6A.l i7~, '8L1;LLvJ/l/c ..fIE..! ~j/r -.:5#"CJd~D.41:Jr 5'XLE6-f) CLl~1f'5/l./1 L;ZMIT~/Ja/J/s (j/UJT . n-'-,,-J II 0 w 7/1- 'j(S 1 ( I 1f~'2--- / .7 d .::L ~/2- w yU\ h3 3 Dr 13LtJd #- ~oo_. z~ 3e-- J 3(1 Cr .3tTV Joe ...5 c) 0 "200 .,--- 3CU (jo'7 PI ( ~~ (i; 2.. )Dr ~ 0 -", ~d-O 3c--z':; -500 3{].-D 30(1 3Gb, ) eJ {!J \ 4;".~ I; . ' : iA4%:;~ e lMft.. liCS- /&0,1 /ZD &&0 C;dV (,00 'L.--- 0VG bOo ~.{.Q 19 ICG) / 2.- ~O '=> , bOO {, v 0 000 60CJ r;; 00 soy Coo S '!> () ::2.- ;)-.100 4- 6 ' /I:{/~ 2> If, (f,i J) D /". -0, ~ __J(1 , '1tt1J 6tJZ7 rf 6---D STO THE 72 STORY BLDG. IGN UP SHEET FOR BUSES TO ATTEND C UNCIL MEETING JULY 7, 1998 BU ES WILL PICK UP RE IDENTS BETWEEN :15 - 5:30 P.M. IN FONT OF TOWERS J PLeA~6- ~c~;J rHEET fS6LotJ-. a;~