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06-01-1999 CC Meeting Agenda C~t~ Commission Arthur I. Snyd~r, Mayor Arthur Berg~r Jay R. Beskln Ken Cohen Harry Holzbe~g Jeffrey M. Perlow Patricia Rogers-Libert Eric M. Soroka City Clerk Teresa M. Soroka, CMC City Attorney Weiss Scrota Helfinan Pastoriza & Guedes AGENDA June 1,1999 - 6 PM Biscayne Medical Arts Building 21110 Biscayne Boulevard Suite I01 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 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING A SIGN VARIANCE FOR EAGLE NATIONAL BANK, LOCATED AT 2999 NE 191 STREET, TO ALLOW A PERMITTED WALL SIGN ON THE NORTH ELEVATION TO BE LOCATED MORE THAN 500/0 ABOVE THE BUILDING'S ROOFLINE; DENYING A SIGN VARIANCE TO ALLOW A SECOND WALL SIGN ON THE EAST ELEVATION AND TO BE LOCATED MORE THAN 50% ABOVE THE BUILDING'S ROOFLINE, WHERE ONLY ONE (1) WALL SIGN IS ALLOWED BY CODE; PROVIDING AN EFFECTIVE DATE. 4. APPROVAL OF MINUTES: Commission Meeting Commission Workshop Commission Workshop Commission Workshop May4,1999 May4,1999 May10,1999 May24,1999 5. AGENDA: Request for Deletions/Emergency Additions 6. SPECIAL PRESENTATIONS: None. 7. CONSENT AGENDA: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF AVENTURA AND ZAMBELLI INTERNATIONAL FIREWORKS MANUFACTURING CO., INC. FOR THE PROVISION OF FIREWORKS DISPLAYS AS SET FORTH IN RFP 99-5-12-2; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (Authorizes City Manager to execute agreement with Zambelli International Fireworks Manufacturing Co., Inc. for fireworks displays) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA SUPPORTING MIAMI-DADE COUNTY MAYOR ALEX PENELAS'S "TRANSIT NOT TOLLS" TRANSPORTATION IMPROVEMENT PACKAGE WHICH PROVIDES FOR ELIMINATING TOLLS ON CERTAIN ROADS AND GENERATING NEW REVENUE FOR TRANSPORTATION FROM A ONE CENT SALES TAX INCREASE; URGING ALL CITY RESIDENTS TO SUPPORT MAYOR PENELAS'S PLAN AND THE SALES TAX INCREASE TO PROVIDE TRANSPORTATION IMPROVEMENTS; AND PROVIDING AN EFFECTIVE DATE. (Endorses and supports Mayor Alex Penelas's transportation improvement package and urges support by City residents) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE TRANSFER OF THE TCI TKR OF SOUTH FLORIDA, INC. CABLE TELEVISION FRANCHISE FROM TCI TO MEDIAONE; AND PROVIDING AN EFFECTIVE DATE. (Provides for transfer of local TCI cable television franchise to MediaOne) D. MOTION TO APPROVE CITY MANAGEWS PEFFORMANCE EVALUATION PACKAGE AS OUTLINED IN EXHIBIT "A" E. MOTION TO APPROVE THE RENAMING OF NE 209TM STREET TO DR. BRADLEY I. SILVERMAN WAY 8. PUBLIC HEARING: ORDINANCES - FIRST READING: None 9. PUBLIC HEARINGS: ORDINANCES - SECOND READING: None 10. RESOLUTIONS: None 11. OTHER BUSINESS: None 12. REPORTS 13. PUBLIC COMMENTS 14. ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS: LOCAL PLANNING AGENCY MEETING June 15, 1999 COMMISSION SPECIAL MEETING June 15, 1999 COIVIMISSION MEETING July 6, 1999 *Govemm~at C~ter 2999 NE 191a Street Suite 500 **Biscayne Medical Pats Building 21110 Biscayne Blv& Suite 101 6 P.M. ** following. LPA ** 6 P.M. ** This meOJng is open to the public, h~ accordance w ?ch the Amevieans with Disabilities Act of 1990, all persons who are disabled and who need special acconm~odatioos to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-8901, not late~ than two days prior to such proceeding. Anyone wishing to appeal any decision mada by the Aveatura City Commissic~a with respect to ~ny matter considered at such meating or hearhag will need a record of the proceedings and, for such propose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidenc~ upon which the appeal is to be based. Agealda items may be viexved at the Office of thc City Clerk, City of Av~lJ/ra Govamment Center, 2999 NE 191~ Street, Suite 500, Av~atura, Florida, 33180. Anyone wishing to obtain a copy of any agg~da item should contact the City Clerk at 305-466-8901. CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission ~rri:r~: SK°erl:ekya, 'cC(~ m~ May 21, 1999 ID~velopment Direi~L Request of Eagle National Bank for miscellaneous Sign Variances (08-SV-99) June 1, 1999 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission: 1. Approve the request for the north elevation Wall Sign to be located more than 50% above the roofline, with the condition as outlined herein; and, 2. Deny the request for a second Wall Sign on the east or any other elevation of the building. THE REQUEST The applicant, Eagle National Bank, is requesting the following: (See Exhibit #1 for Letter of Intent) 1. Sign Variance to allow a permitted Wall Sign on the north elevation to be located more than 50% above the building's roofline; and 2. Sign Variance to allow a second Wall Sign on the east elevation and to be located more than 50% above the building's roofline, where only one Wall Sign is allowed by Code. BACKGROUND OWNER OF PROPERTY LOCATION OF PROPERTY SIZE OF PROPERTY LEGAL DESCRIPTION Proposed City Zoning - Subject property: Property to the North: Property to the South: Property to the East: Property to the West: Miami-Dade County 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 - According to Metro-Dade County, Florida, the follows: Subject property: Property to the North: Property to the South: Property to the East: Property to the West: Concorde Centre II Associates 2999 NE 191st Street (see Exhibit #2 for Location Map) Approximately 4.01 acres Part Tract II, 5th Addition Biscayne Yacht & Country Club as recorded in Plat Book 99, Page 20, Public Records of Miami- Dade County TC1, Town Center District B2, Community Business District RMF-3, Multi-Family Medium Density District CF, Community Facilities B2, Community Business District BU-2, Special Business District BU-2, Special Business District RU-4M, High Density Apartment House BU-2, Special Business District BU-2, Special Business District Business and Office Shopping Mall Residential Uses Community Park and Government Center Business and Office the Adopted 2000 and 2010 Land Use Plan for following properties are currently designated as Business and Office Business and Office Medium Density Residential Business and Office Business and Office Future Land Use - According to the City of Aventura Comprehensive Plan, the following properties are currently designated as follows: Subject property: Property to the North: Property to the South: Property to the East: Property to the West: Town Center Business and Office Town Center Town Center Business and Office The Site- The subject site, Concord Center II, is located at 2999 NE 191st Street at the intersection of NE 191st Street and NE 29th Avenue (see Exhibit # 2 for location map). The Project- Eagle National Bank is planning to establish its banking facility on the first floor of the ten-story office building. Citizen Comments- The Community Development Department has not received any written or verbal citizen comments. ANALYSIS Community Development Department Analysis - Eagle National Bank is allowed one wall sign at 160 square feet by Code, provided that it is placed not more than 50% above the building roofline. The applicant is requesting that its permitted sign be allowed to be placed more than 50% above the roofline. The applicant is also requesting a second sign of similar size and location to be allowed on the east elevation of the building. The applicant believes that the signs need to be placed more than 50% above the roofline for aesthetic purposes (See Exhibit 3 for a sketch of the requested sign location). It cannot place the east elevation sign in the center of the parapet due to an existing architectural feature on that side. The Bank's position is that the side location of the sign on the east elevation, along with the requirement to place it at the bottom of the parapet, will make it look off-center and too small for the building (See Exhibit 4 for a sketch of the signs within 50% of the roofline). It requests that the north elevation sign be similarly placed to ensure uniformity. The applicant further believes that a sign is needed on both the north elevation fronting William Lehman Causeway and on the east elevation to direct customers from the beach area. One Wall Sign only is permitted. A second sign, limited to 50% of the size of the primary sign, is only allowed on a corner or through store location, which is not the case for this property. 3 Criteria The criteria for approval of Sign Variances as required by the City of Aventura Sign Ordinance (No. 97-17) require: The Sign Variance maintains the basic intent and purpose of the regulations; particularly as it affects the stability and appearance of the City and provided that the variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. No showing of unnecessary hardship is required. Request #1: Sign Variance to allow a permitted Wall Sign on the north elevation to be located more than 50% above the building's roofline. This request does preserve or enhance the unique character of the City and is not in conflict with the basic intent and purpose of the ordinance. Request #2: Sign Variance to allow a second Wall Sign on the east elevation and to be located more than 50% above the buildin~q's roofline, where only one Wall Sign is allowed by Code. This request does not preserve or enhance the unique aesthetic character of the City and would be in conflict with the basic intent and purpose of the Ordinance. RECOMMENDATION It is recommended that the City Commission: Approve the request for the north elevation Wall Sign to be located more than 50% above the roofline with the following condition: The applicant shall obtain building permits for the north elevation sign within 12 months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission and Deny the request for a second Wall Sign on the east or any other elevation of the building. 4 [z~ 0~ices HOLLAND & KNIGHT LLP M~, FIO~ ~131 ~ TMI~ Mim~ T~ ~74-~ ~X 24, [999 so5-?89.??9s VIA HAND DELIVERY Ms. Brenda Kelley Director Depa~c,~,ent of Community Development 2999 N.E. 191 Street Suite 500 Aventura, Florida 33160 Re: Revised Letter of Intent For the Request For a Sign Yariance at 2999 N.E. 191 Street, Aventura, Florida Dear Ms. Kelley: Holland & Knight LLP has been re[alned to represent Eagle National Bnn~ ("Eagle") in its request for a Variance from the City of Aventura's ("City") Sign Ordinance. Eagle p]sn~ to open an office in the lobby of the building located at 2999 N.E. 19[st Sweet. In order to better identify itself to its customers and to the public, Eagle requests that it be allowed to locate a second 159.65 square feet sign on the East side of the building. Eagle plans to locate its tlrst 159.65 square feet sign on the North side of the building. The purpose of this application is to request an additional sign of the same size on the East side. Additionally, this application requests that both signs be allowed to be placed more than 50 percent above the roof line on the parapet of the building. Eagle believes that both of its request~ meet the intent of the City's Si~n Ordinance and should be granted. Specifically, the additional sign is needed to provide direction to the Bank's many customers who live on the Beach. Having a sign on the East side will pro~ide for better identification of the Bank for those customers and assist them in finding the Bank. The sign on the East side of the building will allow these customers to EXHIBIT 1 Ms. Brenda Kelley May 24, 1999 Page 2 see the building in enough of time to turn onto Country Club Drive and thereby provide for a safe vehicular flow in the area. The sign will b~ aesthetically pleasing. The size of the sign is compatible with the size of the building and with the parapet on which it will be located. The building is ten stories tall. Therefore, the sign must be large enough to be seen, yet not be so big that it ovsr powers the building. The East side of the building has an architectural feature which splits the facade. The proposed sign is 159.65 square feet with 3'1" letters. Therefore, the sign is big enough to be seen, but takes into account the architectural feature. The sign will also be compatible with the surroundings. The building to the immediate West has a much larger sign identifying a competing bsnl~ Eagle is not requesting a sign of competing size because Eagle's sign as it is designed will be more in proportion to the architectural fcatures of the building. Additionally, Eagle is not requesting a sign on the South Side to avoid the sign facing the residential area located across the street. By placing a tasteful sign on the East side, Eagle accomplishes the result of providing identification and dirsction without creating an eyesore for the surrounding community. Finally, Eagle requests that both the sign on the East side and the sign on the North side be allowed to be located more than 50 percent above the roof line. The purpose for this request is aesthetics. The signs are not going to be placed in the ~enter of the parapet due to the existence of the architectural feature on the East side. Similarly the sign on the North side will not be located in the center to ensure design ,miformity between the two signs. Therefore, the side location of the sfgn~ coupled with a requirement to locate them at the bottom of the parapet will cause the sign to look off center and too small for the building. Again, Eagle believss that its requests meet the intent of the sign ordinance and asks that its application be given favorable consideration. Sincerely yours, HOLLAND & KNIGHT LLP Laurie A. Thompson MIA5-731411 ect Site LEGEND RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING A SIGN VARIANCE FOR EAGLE NATIONAL BANK, LOCATED AT 2999 NE 191 STREET, TO ALLOW A PERMITTED WALL SIGN ON THE NORTH ELEVATION TO BE LOCATED MORE THAN 50% ABOVE THE BUILDING'S ROOFLINE; DENYING A SIGN VARIANCE TO ALLOW A SECOND WALL SIGN ON THE EAST ELEVATION AND TO BE LOCATED MORE THAN 50% ABOVE THE BUILDING'S ROOFLINE, WHERE ONLY ONE (1) WALL SIGN IS ALLOWED BY CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned TC1, Town Center District, a non-residential district; and WHEREAS, the Applicant, Eagle National Bank, through Application No. 08-SV- 99, has requested a sign variance to allow 1) a permitted wall sign on the north elevation, to be located more than 50% above the building's roofline; and 2) a second wall sign on the east elevation, sign size not to exceed 160 square feet, and to be located more than 50% above the building's roofline, where one (1) wall sign is allowed by Code, on that certain property located at 2999 NE 191 Street, in Aventura, Florida; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances to the extent the application is granted herein. Resolution No. Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 08-SV-99 for Sign Variance, for a wall sign on the north elevation to be located more than 50% above the building's roofline, on property legally described as: Part Tract II, 5th Addition Biscayne Yacht & Country Club as recorded in Plat Book 99, Page 20 of the Public Records of Miami-Dade County, Florida aka Concorde Center II 2999 NE 191 Street is hereby granted exclusively to Eagle National Bank subject to the following condition: 1. Applicant shall obtain building permits for the north elevation sign within 12 months of the date of this Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. Section 2. Request for a Sign Variance to allow a second wall sign on the east elevation and to be located more than 50% above the building's roofline, where only one (1) wall sign is allowed by Code is hereby denied. Section 3. This Resolution shall become effective immediately upon its adoption. Resolution No. Page 3 The foregoing Resolution was offered by , who moved its adoption. The motion was seconded by ,and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder PASSED AND ADOPTED this 1st day of June, 1999. ATTEST: Arthur I. Snyder, Mayor Teresa M. Soroka, CMC, City Clerk APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of ,1999. CITY CLERK MINUTES CITY COMMISSION WORKSHOP MEETING TUESDAY, MAY 4, 1999 4:00 P.M. Aventura Government Center 2999 NE 191st Street Suite 500 Aventura, Florida The meeting was called to order at 4 p.m. by Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Jay R. Beskin, Ken Cohen, Harry, Holzberg, Jeffrey M. Perlow, Vice Mayor Patricia Rogers-Libert, Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City Attorneys David M. Wolpin and Jeffrey Sheffel. As a quorum was determined to be present, the meeting commenced. Mr. Soroka advised the Commission that staff had met with members of the development community to address their concerns relative to the proposed Land Development Regulations and provided a summary of the outstanding issues (attached hereto and incorporated into these minutes). The following individuals addressed the Commission: George Berlin, Jeffrey Bercow, Esq., Lester Goldstein, Esq. and Clifford Schulman, Esq. Vested Rights. It was the consensus of the Commission (exclusive of Mayor Snyder and Commissioner Perlow) to proceed with the Manager's recommendation. Non-Conformin,q Uses. Consensus to approve Manager's recommendation with amendment that the 50% rule would not apply to the number of dwelling units. Variance Process. Consensus to remove any phrases conflicting with "practical difficulty". Due to time constraints, a Workshop Meeting to continue discussion of the Land Development Regulations was scheduled for Monday, May 10, 1999 at 9 a.m. The meeting adjourned at 5:40 p.m. Teresa M. Soroka, CMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings if made, which record includes the testimony and evidence upon which the appeal is to be based. 2 CITY OF AVENTURA OFFICE OFTHECITYMANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission Eric M. S o roka, ~jf'~M~,wl"aglr Proposed Land Development Regulations-Summary of Developer Concerns and Staff Recommendations On May 3, 1999, City staff and representatives of the development community met for three hours to discuss the proposed Land Development Regulations (LDR). The primary purpose of the meeting was to develop a list of major issues and concerns regarding the LDR. The list would then be presented to the City Commission for further direction at the May 4th LDR Workshop Meeting. ^ copy of the sign-in sheet outlining those in attendance is attached. Overall, the meeting was very productive and provided an opportunity to exchange information regarding the various positions on the major issues. At the meeting, it was also agreed to establish future meetings to review the minor clarifications and questions that would result from a page-by-page review. The following represents the major issues and staff's recommendation in response to each: Vested Ri.qhts (Section 103 Paqe 1-1) - Developers request that all existing development that has obtained one or more of the following be granted vested rights and be exempted from the new LDR, regardless if the development is deemed nonconforming: County vested right determination; Court Order; Development approval from the County {i.e., site plans, zoning, plat, variances, substantial compliance, etc.); Recommendation - The staff and I have major concerns regarding the issue of vested rights and allowing the automatic exemption for developments that have received County Vested Rights Determination or County development approvals. This concern is for the following reasons: In some cases, it is unclear as to what the County approved. In the event the "vested right properties" were destroyed, it would be difficult to determine what specific regulations would guide reconstruction. The City should have an opportunity to evaluate the vested rights and make its own determination. In light of the above, it is recommended that an administrative Vested Rights Determination (VRD) procedure be prepared and included in the LDR. The process would require all developments to file a VRD with the City Manager within 120 days of the adoption of the LDR. A developer would have the right to appeal the City Manager decision to the City Commission. In addition, as previously contained in the LDR, all development approvals granted after April 1, 1996 would be grandfathered. We feel this process is reasonable and is a fair compromise on this issue. Without establishing a City VRD and granting full-scale exemptions, it would be fruitless to rewrite the existing County Zoning Code. If that is the intent, we should continue to utilize the County Code and make modifications regarding undeveloped properties. However, I continue to recommend that the City adopt its own LDR and listen to our residents who voted for incorporation and the opportunity to control zoning issues in the City. Non-Conforming Uses - Section 1205 Paqe 12-1 - The Developers feel the creation of non-conforming properties could pose serious issues of financing and reinsurance. As currently written, in the event of a major natural disaster (i.e., hurricane) the non-conforming structure could not be restored unless it met the new LDR if the restoration exceeds 50% of replacement cost. Without a Vested Rights Determination process or the exemption for previously approved development orders or County vested rights determinations, the proposed provision would have a major impact on reconstruction efforts in the event of a hurricane or major disaster. However, on the other hand, without this provision, the City's redevelopment efforts in the Thunder Alley and Hospital districts would be severely limited. The existing development would be allowed to continue in the event of a major disaster. There are other areas in the City that, from a planning standpoint, could be "done better" if there was a second opportunity. It should be pointed out, most cities' LDR's contain a similar nonconforming use provision as well as the County. Recommendation - Based on the previous recommendation to establish a VRD process, it is recommended that the nonconforming use section not be amended, except to increase the rebuild time period to one year and to review all reconstruction variance requests only on the basis of compatibility to the surrounding neighborhood. Variance Process (Section 506, Paqe 5-12) - The developers have requested that the criteria for granting a variance be based on compatibility or "practical difficulty" rather than the proposed "unnecessary hardship" criteria. The compatibility or practical difficulty provide for a more flexible standard than the hardship standards. Recommendation - It is recommended that the City Commission adopt the proposed hardship variance review standards to provide a better legal basis for the Commission's decision regarding variances. Zonin.q In Progress (Section 507.8 Pa.qe 5-17) - The developers feel that the proposed section permits a moratorium on the development until future amendments to the LDR have been acted on and it does not contain a notice procedure. In addition, they argue that the date which the current zoning in progress was invoked should be April 14, 1999, the day the LDR was issued to the Commission. Recommendation - Revise section to provide that the City Administration may impose a hold on effected development approvals for future LDR changes provided public notice was issued via a newspaper advertisement. The current zoning in progress cutoff date should be February 18, 1999, the day the notice appeared and the Comprehensive Plan was found in compliance by DCA. Hei,qht Limitations - Developer representatives argue that the height limitation for commercial buildings {20 stories) should be amended to reflect the residential height limit of 40 stories. Recommendation - No change but correct B-3 zoning height to 20 stories to mirror the B-2 zoning height. Conditional Use and Site Plan Review Criteria Section 503 & 510 - Developer representatives argue that the LDR is too subjective when it deals with the review of conditional uses and site plans. Also concerned about compatibility issues. Recommendation - Will review with City Attorney. FAR (Floor Area Ratio) - Developer representatives argue that the FAR's appear to be substantially lower than those that exist in the City. Recommendation - The FAR of 2.0 is contained in the Comprehensive Plan. Therefore, no change is recommended. 8. Zoninq Map Issues Industrial area slated for residential development on the north side of N.E. 185th Street should be RMF4 instead of RMF3 to allow greater height. Tumberry M1 site located north of Aventura Estates should be RMF4 instead of RS2. Tumberry G1 site located north of the Hyatt ACLF should be RMF4 instead of RMF3. Turnberry parcels north of Lehman Causeway south of Yacht Club should be B-2 instead of RMF4. e. Two Islands should be RMF4 instead of RS2. Gulfstream residential property south of the racetrack should be RMF3 or 4, not RS1, Recommendations No change, maintain RMF3 Revise to RMF3 Revise to RMF4 No change, requires Comprehensive Plan Amendment. No change. Revise to RS2. Revise RS2 Zoning Clarifications to allow 25 units / acre and zero lot line homes as a permitted use. This is more consistent with the Comprehensive Plan. Parkin.q Requirements (Section 801) - Developer representatives argue that the parking requirements are restrictive in excess of County requirements and above what would be reasonably required. Recommendation - Will review specific issues. The following issues were resolved at the meeting: Plattinq Process {Section 508, Paqe 5-18) - Developer representatives argue that the subdivision process should not be discretionary and be ministerial. Recommendstion - We concur and will review proposed section to improve interpretation. Gross vs. Net Density - Developer representatives argue that dedicated areas, water bodies and environmental mitigation should be recognized for density purposes and utilize gross density calculations. Recommendation - Revise LDR to utilize gross density. Valet Parkinq (Section 801.6 Paqe 8-18) - Developer representatives argue the proposed regulation whereby valet spaces are not counted for parking space requirement purposes and valet parking must be located at the furthest location would be difficult to enfome and is micromanaging. Parking operations best left to market conditions. Recommendation - After much debate, we recommend that Section 801.6 be deleted. Maximum Floor Areas - Developer representatives argue that maximum floor areas of individual units should be deleted. Recommendation - Due to other controlling factions such as FAR, we concur with the request. Replacement Value vs. Assessed Valve - Developer representatives argue that replacement values should be utilized throughout the LDR rather than assessed value. Recommendation - We concur so long as the burden of proof is placed on the applicant. FEMA Requirements - Developer representatives argue that FEMA requirements regarding foundation grade are higher than anywhere else in Dade County. Recommendation - Staff will reevaluate and conform to minimum FEMA requirements. Site Specific Comprehensive Plan Amendments (Section 501.11) - Developer representatives argue that recent case law hold that small-scale plan amendments are legislative in nature and not quasi-judicial. Recommendation - We concur and will revise LDR. 8. Clothinq Stores in B-2 Zoninq District - Developer representatives argue that the B-2 zoning district does not separately permit clothing stores in excess of 5,000 square feet. Recommendation - Due to an oversight, this matter was not resolved in the LDR. We concur and will revise LDR. 9. Feet Setback in B-2 Zoninq (Section 704.3.5~ Pa.qe 7-19) - Reduce setback from 65' to 25' to be consistent with B-3 zoning. Recommendation - We concur and will revise LDR. 10. M.O. Zoninq District Minimum Size - The proposed LDR requires a minimum lot size in the medical office district of 1.5 acres. Some developer representatives argue that this provision may be too restrictive. Recommendation - Allow lot sizes less than a 1.5 acre as a conditional use subject to City Commission approval. 11. Hotels Allowed in OPD Zoning - Allow hotels in OPD. Recommendation - We concur and will revise LDR to coincide with M.O. district. EMS/aca Attachment CCO747-99 MINUTES CiTY COMMISSION MEETING TUESDAY, MAY 4, 1999 6:00 P.M. Biscayne Medical Arts Center 21110 Biscayne Boulevard Suite 101 Aventura, Florida CALL TO ORDER/ROLL 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, Ken Cohen, Harry Holzberg, Jeffrey M. Perlow, Vice Mayor Patricia Rogers-Libert, Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City Attorney Richard Jay Weiss. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE. Muriel Cohen led the pledge of allegiance. 3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M. Ex-parte communications by Commissioners, if any, were disclosed and filed with the City Clerk in accordance with Ordinance 96-09. All witnesses giving testimony in these hearings were sworn in by the City Clerk. A. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING SPECIAL EXCEPTION APPROVAL TO SPACING AND DISTANCE REQUIREMENTS FOR THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES TO CAVIAR & MORE MIAMI, INC. LOCATED AT 19501 BISCAYNE BOULEVARD; PROVIDING AN EFFECTIVE DATE. Brenda Kelley, Community Development Director, explained the request of the applicant and entered the staff report into the record. A motion for approval, with an amendment to the resolution to provide for sale for off-premises consumption and wine-tasting only on-premises was offered by Commissioner Perlow and seconded by Commissioner Berger. Mayor Snyder opened the public hearing. The following individual(s) addressed the Commission: Nancy Terminello, Esq., 2700 SW 37th Avenue, representing the applicant; Mark Saslavsky, owner; and George Berlin, Turnberry & Associates. There being no further speakers, the public hearing was closed. Commissioner Perlow withdrew his amendment to the approval of the resolution. The motion for approval of the resolution failed 2- 5, with Commissioners Beskin and Cohen voting yes. B. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING A SIGN VARIANCE FOR EYE CARE CENTERS OF AMERICA, INC. (D.B.A. VISIONWORKS), LOCATED AT 21175 BISCAYNE BOULEVARD, TO PERMIT THE ERECTION OF A SECOND WALL SIGN ON THE NORTH ELEVATION, SIGN SIZE NOT TO EXCEED 28 SQUARE FEET, WHERE ONE (1) WALL SIGN IS ALLOWED BY CODE; AND PROVIDING AN EFFECTIVE DATE. Brenda Kelley, Community Development Director, explained the request of the applicant and entered the staff report into the record. Mayor Snyder opened the public hearing. The following individual(s) addressed the Commission: Grisell Forte, and Dr. Steven Frifeld, representing the applicant. There being no further speakers, the public hearing was closed. A motion for approval was offered by Commissioner Beskin and seconded by Vice Mayor Rogers-Libert. The motion for approval of the resolution failed, 2-5, with Commissioner Beskin and Vice Mayor Rogers-Libert voting yes. A motion to deny this application was offered by Commissioner Berger, seconded by Commissioner Holzberg and passed, 5-2, with Commissioner Beskin and Vice Mayor Rogers-Libert voting no. C. Mr. Weiss read the following motion: MOTION TO AUTHORIZE EXTENSION OF TEMPORARY TRAILER BUILDING PERMIT FOR THE CHABAD HOUSE OF NORTH DADE SUBJECT TO CONDITIONS CONTAINED IN STAFF REPORT DATED APRIL 29, 1999 Brenda Kelley, Community Development Director, explained the request of the applicant and entered the staff report into the record. Mayor Snyder opened the public hearing. The following individual(s) addressed the Commission: Alan Rosenthal, Esq., 2875 NE 191~t Street, on behalf of the applicant. There being no further speakers, the public hearing was closed. A motion for approval, 2 = = subject to cross parking agreement, bank approval of the application and building permit being obtained within 30 days and construction commencing 10 days thereafter was offered by Commissioner Holzberg, seconded by Commissioner Perlow and passed unanimously. APPROVAL OF MINUTES: A motion to approve the minutes of the April 6, 1999 Commission Meeting, the April 20, 1999 Special Meeting and the April 20, 1999 Workshop Meeting, was offered by Vice Mayor Rogers-Libert, seconded by Commissioner Holzberg and unanimously passed. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: SPECIAL PRESENTATIONS: Mayor Snyder presented Certificates of Appointment to the members of the Recreation and Cultural Arts Advisory Board. (6:30 p.m.) CONSENT AGENDA: Commissioner Beskin requested removal of item 7-A, and Commissioner Perlow requested removal of item 7-D, both from the Consent Agenda. A motion to approve the remainder of the Consent Agenda was offered by Vice Mayor Rogers-Libert, seconded by Commissioner Cohen unanimously passed and the following action was taken: Bm C= Resolution No. 99-20 was approved as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN MYSTIC POINTE MASTER ASSOCIATION AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 99-21 was approved as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF EL PORTAL FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER 3 TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. The following items were removed from the Consent Agenda and addressed separately: A. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 99-4-19-2, N.E. 190th STREET IMPROVMENTS, TO VILA & SON LANDSCAPING, INC., AT THE BID PRICE OF $649,728.'10; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Beskin and seconded by Commissioner Holzberg. A motion for deferral to the June meeting was offered by Vice Mayor Rogers-Libert and seconded by Commissioner Cohen. The motion for deferral failed 3-4 with Commissioner Cohen, Vice Mayor Rogers-Libert and Mayor Snyder voting yes. The motion for approval passed 5-2, with Commissioner Cohen and Vice Mayor Rogers-Libert voting no and Resolution No. 99-22 was approved. D. Mr. Weiss read the following motion by title: MOTION TO AUTHORIZE CITY MANAGER TO PURSUE THE PURCHASE OF TWO ADDITIONAL ACRES SOUTH OF THE HUBER TRACT Barry Simmet, representing Magnum Marine, addressed the Commission. A motion was offered by Commissioner Perlow, seconded by Vice Mayor Rogers-Libert and unanimously passed to direct the City Manager to commence negotiations with property owner to purchase the property. If negotiations fail, City Manager shall obtain Commission approval to pursue condemnation process. PUBLIC HEARING: ORDINANCES - FIRST READING: None PUBLIC HEARINGS: ORDINANCES - SECOND READING: None. 4 10. 11. 12. 13. 14. RESOLUTIONS: None. OTHER BUSINESS: None. REPORTS: As presented. The City Attorney was directed by the Commission to prepare an ordinance to provide that a lobbyist employed by the City may not appear before the City Commission on other matters for a pedod of one year after his employment on the City's behalf. PUBLIC COMMENTS: The following individuals addressed the Commission: Joe Platnick, Del Prado; Mr. Berlin; Ginger Grossman, W. Country Club Drive; Harry Crook, Commodore Plaza; Betsy Graber, 20940 Bay Court; and Art Grossman, West Country Club Drive. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 7:45 p.m. Teresa M. Soroka, CMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings if made, which record includes the testimony and evidence upon which the appeal is to be based. 5 MINUTES CITY COMMISSION WORKSHOP MEETING TUESDAY, MAY 10, 1999 9:00 A.M. Aventura Government Center 2999 NE 19'1st Street Suite 500 Aventura, Florida The meeting was called to order at 9:00 a.m. by Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Jay R. Beskin, Ken Cohen, Harry, HoIzberg, Jeffrey M. Perlow, Vice Mayor Patricia Rogers-Libert, Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. The purpose of this meeting was to continue discussion relative to the Land Development Regulations, specifically the concerns and recommendations of representatives of the development community, as outlined in the City Manager's memorandum dated May 4, 1999 attached hereto and made a part hereof. Zoning in Progress. Consensus to proceed with Staff recommended cutoff date for zoning in progress as February 18, 1999, noting that an amendment may be addressed in the future, if necessary. Address waivers given prior to February 18, 1999. Provide for appeal mechanism once zoning in progress has been established. Height Limitations. Consensus to proceed with staff recommendations. Conditional Use and Site Plan Review Criteria Section 503 & 510. This issue will be reviewed with the City Attorney. FAR (Floor Area Ratio). Staff to review and provide further information to Commission for consideration. 8. Zoning Map Issues. a. Proceed in accordance with staff recommendation. b. (Memo should be amended to reflect G1 instead of M1). Proceed with staff recommendation. c. (Memo should be amended to reflect M1 instead of Gl). Proceed with staff recommendation. d. Comprehensive Plan to be amended - consensus to reflect B1 designation. e. Proceed as recommended by staff. f. To remain as proposed. City Manager to continue discussions with owner. 9. Parking Requirements (Section 801 ). To be reviewed. Mr. Soroka then reviewed the issues raised by the development community that were resolved. Consensus of Commission to proceed as staff recommended. Relative to #10, consensus to provide one acre floor. Commission suggested a provision that no new or replacement chain link fencing be allowed. The meeting adjourned at 12 noon. Teresa M. Soroka, CMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings if made, which record includes the testimony and evidence upon which the appeal is to be based. 2 CITY OF AVENTURA OFFICE OFTHECITYMANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission ~"~ Eric M. Soroka, ~t~M/,~ag~r May 4, 1999 Proposed LandDevelopr~ egulatmns' -Summary of Developer Concerns and Staff Recommendations On May 3, 1999, City staff and representatives of the development community met for three hours to discuss the proposed Land Development Regulations (LDR). The primary purpose of the meeting was to develop a list of major issues and concerns regarding the LDR. The list would then be presented to the City Commission for further direction at the May 4th LDR Workshop Meeting. A copy of the sign-in sheet outlining those in attendance is attached. Overall, the meeting was very productive and provided an opportunity to exchange information regarding the various positions on the major issues. At the meeting, it was also agreed to establish future meetings to review the minor clarifications and questions that would result from a page-by-page review. The following represents the major issues and staff's recommendation in response to each: Vested Riqhts (Section 103 Paqe 1-1) - Developers request that all existing development that has obtained one or more of the following be granted vested rights and be exempted from the new LDR, regardless if the development is deemed nonconforming: County vested right determination; Court Order; Development approval from the County (i.e., site plans, zoning, plat, variances, substantial compliance, etc.); Recommendation - The staff and I have major concerns regarding the issue of vested rights and allowing the automatic exemption for developments that have received County Vested Rights Determination or County development approvals. This concern is for the following reasons: In some cases, it is unclear as to what the County approved. In the event the "vested right properties" were destroyed, it would be difficult to determine what specific regulations would guide reconstruction. The City should have an opportunity to evaluate the vested rights and make its own determination. In light of the above, it is recommended that an administrative Vested Rights Determination (VRD) procedure be prepared and included in the LDR. The process would require all developments to file a VRD with the City Manager within 120 days of the adoption of the LDR. A developer would have the right to appeal the City Manager decision to the City Commission. In addition, as previously contained in the LDR, all development approvals granted after April 1, 1996 would be grandfathered. We feel this process is reasonable and is a fair compromise on this issue. Without establishing a City VRD and granting full-scale exemptions, it would be fruitless to rewrite the existing County Zoning Code. If that is the intent, we should continue to utilize the County Code and make modifications regarding undeveloped properties. However, I continue to recommend that the City adopt its own LDR and listen to our residents who voted for incorporation and the opportunity to control zoning issues in the City. Non-Conforminq Uses- Section 1205 Pa.qe 12-1 -The Developers feel the creation of non-conforming properties could pose serious issues of financing and reinsurance. As currently written, in the event of a major natural disaster (i.e., hurricane) the non-conforming structure could not be restored unless it met the new LDR if the restoration exceeds 50% of replacement cost. Without a Vested Rights Determination process or the exemption for previously approved development orders or County vested rights determinations, the proposed provision would have a major impact on reconstruction efforts in the event of a hurricane or major disaster. However, on the other hand, without this provision, the City's redevelopment efforts in the Thunder Alley and Hospital districts would be severely limited. The existing development would be allowed to continue in the event of a major disaster. There are other areas in the City that, from a planning standpoint, could be "done better" if there was a second opportunity. It should be pointed out, most cities' LDR's contain a similar nonconforming use provision as well as the County. Recommendation - Based on the previous recommendation to establish a VRD process, it is recommended that the nonconforming use section not be amended, except to increase the rebuild time period to one year and to review all reconstruction variance requests only on the basis of compatibility to the surrounding neighborhood. Variance Process (Section 5067 Page 5-12) - The developers have requested that the criteria for granting a variance be based on compatibility or "practical difficulty" rather than the proposed "unnecessary hardship" criteria. The compatibility or practical difficulty provide for a more flexible standard than the hards,hip standards. Recommendation - It is recommended that the City Commission adopt the proposed hardship variance review standards to provide a better legal basis for the Commission's decision regarding variances. Zoninq In Progress (Section 507.8 Pa.qe 5-17) - The developers feel that the proposed section permits a moratorium on the development until future amendments to the LDR have been acted on and it does not contain a notice procedure. In addition, they argue that the date which the current zoning in progress was invoked should be April 14, 1999, the day the LDR was issued to the Commission. Recommendation - Revise section to provide that the City Administration may impose a hold on effected development approvals for future LDR changes provided public notice was issued via a newspaper advertisement. The current zoning in progress cutoff date should be February 18, 1999, the day the notice appeared and the Comprehensive Plan was found in compliance by DCA. Height Limitations - Developer representatives argue that the height limitation for commemial buildings (20 stories) should be amended to reflect the residential height limit of 40 stories. Recommendation - No change but correct B-3 zoning height to 20 stories to mirror the B-2 zoning height. Conditional Use and Site Plan Review Criteria Section 503 & 510 - Developer representatives argue that the LE~R is too subjective when it deals with the review of conditional uses and site plans. Also concerned about compatibility issues. Recommendation - Will review with City Attorney. FAR (Floor Area Ratio) - Developer representatives argue that the FAR's appear to be substantially lower than those that exist in the City. Recommendation - The FAR of 2.0 is contained in the Comprehensive Plan. Therefore, no change is recommended. 8. Zoninq Map Issues Industrial area slated for residential development on the north side of N.E. 185th Street should be RMF4 instead of RMF3 to allow greater height. Turnberry M1 site located north of Aventura Estates should be RMF4 instead of RS2. Turnberry G1 site located north of the Hyatt ACLF should be RMF4 instead of RMF3. Turnberry parcels north of Lehman Causeway south of Yacht Club should be B-2 instead of RMF4. e. Two Islands should be RMF4 instead of RS2. Gulfstream residential property south of the racetrack should be RMF3 or 4, not RS1. Recommendations No change, maintain RMF3 Revise to RMF3 Revise to RMF4 No change, requires Comprehensive Plan Amendment. No change. Revise to RS2. Revise RS2 Zoning Clarifications to allow 25 units / acre and zero lot line homes as a permitted use. This is more consistent with the Comprehensive Plan. Parkinq Requirements (Section 801) - Developer representatives argue that the parking requirements are restrictive in excess of County requirements and above what would be reasonably required. Recommendation - Will review specific issues. The following issues were resolved at the meeting: Plattinq Process (Section 508, Paqe 5-18) - Developer representatives argue that the subdivision process should not be discretionary and be ministerial. Recommendation - We concur and will review proposed section to improve interpretation. Gross vs. Net Density - Developer representatives argue that dedicated areas, water bodies and environmental mitigation should be recognized for density purposes and utilize gross density calculations. Recommendation - Revise LDR to utilize gross density. Valet Parkinq {Section 801.6 Paqe 8-18) - Developer representatives argue the proposed regulation whereby valet spaces are not counted for parking space requirement purposes and valet parking must be located at the furthest location would be difficult to enforce and is micromanaging. Parking operations best left to market conditions. Recommendation - After much debate, we recommend that Section 801.6 be deleted. Maximum Floor Areas - Developer representatives argue that maximum floor areas of individual units should be deleted. Recommendation - Due to other controlling factions such as FAR, we concur with the request. Replacement Value vs. Assessed Valve - Developer representatives argue that replacement values should be utilized throughout the LDR rather than assessed value. Recommendation - We concur so long as the burden of proof is placed on the applicant. FEMA Requirements - Developer representatives argue that FEMA requirements regarding foundation grade are higher than anywhere else in Dade County. Recommendation - Staff will reevaluate and conform to minimum FEMA requirements. Site Specific Comprehensive Plan Amendments (Section 501.11) - Developer representatives argue that recent case law hold that small-scale plan amendments are legislative in nature and not quasi-judicial. Recommendation - We concur and will revise LDR. 8, Clothinq Stores in B-2 Zoninq District - Developer representatives argue that the B-2 zoning district does not separately permit clothing stores in excess of 5,000 square feet. Recommendation - Due to an oversight, this matter was not resolved in the LDR. We concur and will revise LDR. 9. Feet Setback in B-2 Zoninq {Section 704.3.5~ Paqe 7-19) - Reduce setback from 65' to 25' to be consistent with B-3 zoning. ~ecommendation - We concur arid will revise LDR. 10. M.O. Zonin.q District Minimum Size - The proposed LDR requires a minimum lot size in the medical office district of 1.5 acres. Some developer representatives argue that this provision may be too restrictive. Recommendation - Allow lot sizes less than a 1.5 acre as a conditional use subject to City Commission approval. 11. Hotels Allowed in OPD Zoning - Allow hotels in OPD. Recommendation - We concur and will revise LDR to coincide with M.O. district. EMS/aca Attachment cc0747-99 MINUTES CITY COMMISSION WORKSHOP MEETING MONDAY, MAY 24, 1999 9:00 A.M. Aventura Government Center 2999 NE 191,t Street Suite 500 Aventura, Florida The meeting was called to order at 9:00 a.m. by Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Jay R. Beskin, Ken Cohen, Harry, Holzberg, Jeffrey M. Perlow, Vice Mayor Patricia Rogers-Libert, Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City Attorneys David M. Wolpin and Jeffrey Sheffel. As a quorum was determined to be present, the meeting commenced. Land Development Re.qulations: The following unresolved issues ware discussed: 1) Vested Rights Determination Process; 2) Nonconforming Use Provisions; 3) FAR; and 4) Regional Mall as a Conditional Use. The following individuals addressed the Commission: Stanley Price, Esq., Clifford Schulman, Esq., Jeffrey Bercow, Esq., Phil Ward, Leonard Brenner, and George Berlin. After discussion, it was the consensus of the Commission as follows: 1) Proceed with vested rights determination process as recommended by staff; 2) Grandfather all residential as to natural disaster; 3) Raise FAR to 3 subject to amendment of Comprehensive Plan; 4) Leave as is. CIP 1999/2000-200312004: Mr. Soroka presented proposed CIP for 1999/2000- 2003/2004. Consensus to proceed with document as presented. Staff requested to study feasibility of installing water fountains around jogging trail on Country Club Drive. Transit Not Tolls Proposal: Mr. Soroka advised the Commission of Mayor Penelas's proposal and requested their input. Laurie Flink, representative of Mayor Penelas's office, addressed the Commission. Consensus to support proposal and adopt a Resolution accordingly at the June Commission meeting. City Manager Review: Consensus of Commission to provide City Manager with a merit bonus in the amount of $10,000. 5. Other Business: None. The meeting adjourned at 12 noon. Teresa M. Soroka, CMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings if made, which record includes the testimony and evidence upon which the appeal is to be based. 2 CiTY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission t~l~a~ Eric M. Soroka, Ci' Robert M. Sherman, May 21, 1999 )f Community Services~ Resolution Authorizing the City Manager to execute the attached Agreement for providing Fireworks Displays with Zambelli International Fireworks Mfg. Co., Inc. as set forth in RFP # 99-5-12-2. June Ist, 1999 City Commission Meeting Agenda Item ///~ Recommendation It is recommended that the City Commission adopt the attached Resolution authorizing the City Manager to execute the agreement for providing fireworks displays with Zambelli International Fireworks Manufacturing Company, Inc. as contained in the Request For Proposals (RFP) # 99-5-12-2. Backqround In accordance with the City's purchasing ordinance, a Request for Proposals (RFP) for providing fireworks displays for a three year period (including but not limited to July 4th activities) was solicited, advertised, and opened on May 12, 1999. Firms were asked to supply detailed arrayals for fireworks displays of $10,000, $15,000, $20,000 and $25,000. This approach gives the City flexibility in choosing an appropriate show for different special events, if we so desire. All proposal specifications were reviewed by the Finance Support Services Director and City Attorney prior to advertising. Proposals were mailed to the following firms: Pyrotechnica Zambelli International Fireworks Manufacturing Company, Inc. Fireworks by Grucci Neptune Fireworks Fireworks by Santone and Sons Add-Fire, Inc. Absolute Firepower (Firepower Displays Unlimited) AAA Fotofast City Commission May 21,1999 Page 2 Two companies responding to the RFP were: Fireworks by Grucci. Zambelli International Fireworks Manufacturing Company, Inc. Grucci's proposal was not responsive, as they did not provide an arrayal detail for fireworks displays for the dollar amounts requested. Grucci only provided an outline for three shows in the amount of $40,000 with a 5% discount for the first year. Zambelli's proposal was complete, responsive, and provided detailed arrayals for all of the requested displays. They provided the required copies of all licenses, permits and insurance coverages, as well as personnel qualifications and responsibilities, client list and references. A summary analysis detailing the size and number of aerial shells for each of the proposed fireworks displays from Zambelli is as follows: Shell Size Cost of Show _Diameter) $25,00{~ $20,000 $15,000 $10,00{~ 3 inch 2,28¢ 1,600 1,420 90{~ 4 inch 732 552 438 302 5 inch 486 360 300 205 6 inch 387 268 240 158 TOTAL AERIAL 3,885 2,780 2,398 1,565 SHELLS Each proposal includes blank reports and flash effects for the opening and grand finale for each display. To give an example of what shell size means in terms of vertical lift and display, a fireworks shell will travel approximately 150 feet per inch, so a 3 inch diameter shell will travel approximately 450 feet vertically before it ignites. The larger shells provide significantly greater sound and visual effects, as they can attain the necessary altitude to accommodate larger barrages. RMS/gf Attachments RMS99055 RESOLUTION NO. 99- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF AVENTURA AND ZAMBELLI INTERNATIONAL FIREWORKS MANUFACTURING CO., INC. FOR THE PROVISION OF FIREWORKS DISPLAYS AS SET FORTH IN RFP 99-5-12-2; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute the attached Agreement between the City of Aventura and Zambelli International Fireworks Manufacturing Co., Inc. for the provision of fireworks displays as set forth in RFP 99-5- 12-2. Section 2. to carry out the aims of this Resolution. Section 3. This Resolution shall adoption. The foregoing Resolution was offered by Commissioner moved its adoption. The motion was seconded by put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow The City Manager is hereby authorized to do all things necessary become effective immediately upon its , who , and upon being Resolution No. 99-__ Page 2 Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder PASSED AND ADOPTED this 1~ day of June, 1999. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SOROKA, CMC ClTY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY AGREEMENT BETWEEN CITY OF AVENTURA AND ZAMBELLI INTERNATIONAL FIREWORKS MANUFACTURING CO., INC. FOR FIREWORKS DISPLAYS THIS AGREEMENT is entered into this __ day of , 1999 between the City of Aventura, a Flodda municipal corporation, (CITY), and Zambelli International Fireworks Manufacturing Co., Inc., (CONTRACTOR). WHEREAS, the CITY desires to retain the professional services of CONTRACTOR to provide fireworks displays; and WHEREAS, CONTRACTOR desires to provide fireworks displays to the CITY and its residents. NOW, THEREFORE the Parties agree as follows: ARTICLE I SCOPE OF SERVICES The CONTRACTOR agrees to: 1.1 Transport, prepare, store, fire, maintain, and dispose of all fireworks and other explosive devices, materials and supplies related to providing fireworks displays in a professional, careful and responsible manner with due regard for the safety of the general public and employees in accordance with all applicable federal, state, county, and local laws, rules, regulations, and procedures. 1.2 Be solely responsible, at CONTRACTOR's sole expense, for obtaining all permits for explosives, supplies, and any other equipment associated with providing fireworks displays as contained in CONTRACTOR'S proposal responding to CITY's RFP # 99-5-12-2. 1.3 Be solely responsible for securing the services of and compensating assistants or other personnel, as may be required, to adequately and safely plan and operate the fireworks display. All personnel and employees utilized by the CONTRACTOR for providing fireworks displays shall be subject to the approval of Community Services Director, to which the Community Services Director may specifically request certain personnel. CONTRACTOR shall not reasonably refuse such requests. ARTICLE 2 COMPENSATION 2.1 The CONTRACTOR shall be compensated in accordance with the appropriate display as selected by the CITY, as contained in Exhibit "A", attached hereto according to the general purchasing procedures established by the CITY. ARTICLE 3 TERMS OF AGREEMENT The term of this Agreement shall be from June 1, t999 through June 1, 2002, unless otherwise terminated. ARTICLE 4 TERMINATION OF AGREEMENT This Agreement may be terminated upon ten (10) days written notice from either party, at its sole discretion. In the event of termination by the CITY, the CONTRACTOR shall not be entitled to any compensation other than that earned prior to and dudng the notice period. ARTICLE 5 INDEPENDENT CONTRACTOR CONTRACTOR, its employees and agents shall be deemed independent contractors and not agents or employees of the CITY, and shall not attain any rights or benefits generally afforded City employees; further, CONTRACTOR, its employees and agents shall not be deemed entitled to the CITY'S worker's compensation, insurance benefits or similar benefits. ARTICLE 6 INDEMNIFICATION CLAUSE CONTRACTOR agrees to defend, indemnify and hold harmless the CITY from and against any and all claims, suits, damages, liabilities or causes of action arising during the term of this Agreement, arising out of, related to, or in any way connected with the performance or non-performance of any provision of this Agreement required of the CONTRACTOR, including personal injury, loss of life or damage to property and from and against any orders, judgments or decrees which may be entered, and from and against all costs, attorney's fees, expenses and lawsuits incurred in and about the defense of any such claim and investigation thereof. This indemnification does not apply to damages or injuries caused by the sole negligence of the City of Aventura. ARTICLE 7 INSURANCE 2 7.1 7.2 8.1 8.2 8.3 8.4 8.5 CONTRACTOR shall provide, pay for, and maintain in force at all times during the period of this Agreement, a Comprehensive General Liability Insurance Policy as contained in Exhibit "B", attached hereto. The CITY and other additional property owners in the vicinity of the display as determined by the CITY shall be named as an additional insured on all insurance policies the CONTRACTOR is required to provide. ARTICLE 8 MISCELLANEOUS CONTRACTOR shall, without additional expense to CITY, be responsible for obtaining any necessary licenses and for complying with any applicable federal, state, county and municipal laws, ordinances and regulations in connection with the performance of the services specified herein. CONTRACTOR shall take proper safety and health precautions, including the employment of needed assistance, to protect participants, the CITY, the public and property of others. CONTRACTOR shall be responsible for all services performed pursuant to this Agreement. CONTRACTOR shall meet with the Community Services Director or designee, and shall attend all meetings as required. No modification, amendment or alteration of the terms and conditions contained shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. This Agreement is non transferable or assignable, and CONTRACTOR agrees not to transfer or assign the performance of services called for in the Agreement. This Agreement sets forth the full and complete understanding of the Parties as of the effective date, and supersedes any and all negotiations, agreements and representations made or dated prior to this Agreement. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK 3 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date above: CITY Of AVENTURA By: Eric M. Soroka City Manager ATTEST: Teresa M. Soroka, CMC City Clerk APPROVED AS TO FORM City Attorney CONTRACTOR By: Marcia Ann Zambelli Vice President of Marketing Zambelli International Fireworks Mfg. Co., Inc 4 EXHIBIT CITY OF AVENTURA AVENTURA, FLORIDA May 5, 1999 RFP#99-5-12-2 FIREWORKS DISPLAY SYNOPSIS $25,000.00 DESCRIPTION QUANTITY OPEN1NG 300 Four Inch Shells 54 Five Inch Shells 15 Six Inch Shells 12 BODY OF PROGRAM: Three Inch Shells Four Inch Shells Five Inch Shells Six Inch Shells 720 570 396 315 GRAND FINALE SHELLS: Three Inch Shells Four Inch Shells Five Inch Shells Six Inch Shells 1560 108 75 60 MwBELLI ' 0 R K S INTERNATIONALE CITY OF AVENTURA AVENTURA, FLORIDA May 5, 1999 RFP#99-5-12-2 FIREWORKS DISPLAY SYNOPSIS $20,000.00 DESCRIPTION QUANTITY OPENING 200 Four Inch Shells 48 Five Inch Shells 10 Six Inch Shells 8 BODY OF PROGRAM: Three Inch Shells Four Inch Shells Five Inch Shells Six Inch Shells 520 420 300 220 GRAND FINALE SHELLS: Three Inch Shells Four Inch Shells Five Inch Shells Six Inch Shells 1080 84 5O 4O CITY OF AVENTURA AVENTURA, FLORIDA May 5, 1999 RFP#99-5-12-2 FIREWORKS DISPLAY SYNOPSIS $15,000.00 DESCRIPTION QUANTITY OPENING 200 Four Inch Shells 36 Five Inch Shells 10 Six Inch Shells 8 BODY OF PROGRAM: Three Inch Shells Four Inch Shells Five Inch Shells Six Inch Shells 420 330 240 192 GRAND FINALE SHELLS: Three Inch Shells Four Inch Shells Five Inch Shells Six Inch Shells 1000 72 50 40 ,ZAMBELLI II~ I R E W O R K S INTER NATI E] NALE EXHIBIT CITY OF AVENTURA AVENTURA, FLORIDA May 5, 1999 RFP~99-5-12-2 FIREWORKS DISPLAY SYNOPSIS $10,000.00 DESCRIPTION QUANTITY OPEN1NG 120 Four Inch Shells 24 Five Inch Shells 10 Six Inch Shells 8 BODY OF PROGRAM: Three Inch Shells Four Inch Shells Five Inch Shells Six Inch Shells 300 23O 165 130 GRAND FINALE SHELLS: Three Inch Shells Four Inch Shells Five Inch Shells Six Inch Shells 600 48 30 20 I. ............ KXB £BIT AC__ O_RD,. CERTIFICATE OF LIABILITY INSURANCE ~7~drl an' N. Baker & Co. ON~Y AND CONFERS- NO RIGHTS UPON TIlE CERTIFICATE -- Hary] and Avenue ] UOLDER. Tills CERTIFICATE ~ES NOT AMEND, EXTEND OR JB]0[ ~ ALTER THE COVERAGE AFFORDED BY T E POLICIES BELOW. ~P. O. Box 6687~ St. Louis, HO 63166-6871 Attn: Gloria Powers Exl: )INsuRED Zambelll Intl Fireworks Hr. George Zambelli 20 South Hercer St., Box 1463 New Castle, PA 16103-1463 COMPANIES AFFORDING COVERAGE Specimen Certificate I co LTR TYpE OF INSURANCE POLICY NUMBER LIMITS AUTO~,~O~IL E LIABILITY AUTO $ ~f~O¢~RiEfORj NCL 98WCPA127986 09/17/1998 01/01/2000 ELEACHACCIDENr $ 1000000 CERTIFICATE HOLDER I Speclmen Certificate CANCELLATION TO: FROM: DATE: SUBJECT: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM City Commission _~ Eric M. Soroka, City~/lanaGer, May 26, 1999 L~ ~ Resolution Endorsing and Supporting Mayor Penelas' Transit Not Tolls Proposal June 1, 1999 City Commission Meeting Agenda Item ,,7.~ Attached hereto, as requested by the City Commission at the May Workshop Meeting, is a Resolution endorsing and supporting Miami-Dade County Mayor Penelas' Transit Not Toils Proposal and proposed one cent sales tax increase to support County wide transportation improvements. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0751-99 RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA SUPPORTING MIAMI- DADE COUNTY MAYOR ALEX PENELAS'S "TRANSIT NOT TOLLS" TRANSPORTATION IMPROVEMENT PACKAGE WHICH PROVIDES FOR ELIMINATING TOLLS ON CERTAIN ROADS AND. GENERATING NEW REVENUE FOR TRANSPORTATION FROM A ONE CENT SALES TAX INCREASE; URGING ALL CITY RESIDENTS TO SUPPORT MAYOR PENELAS'S PLAN AND THE SALES TAX INCREASE TO PROVIDE TRANSPORTATION IMPROVEMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, as we embark on the 21~ century, our community is confronted with an ever-worsening transportation crisis; and WHEREAS, this crisis has resulted in Miami-Dade County being ranked as the third most congested metropolitan area in the nation; and WHEREAS, the federal government will not fund solutions to Miami-Dade County's traffic congestion problem unless a local dedicated revenue match is provided; and WHEREAS, in an effort to obtain assistance from the federal government, Miami-Dade County Mayor Alex Penelas has initiated a proposal that would eliminate tolls on certain roads and generate new revenue from a one cent sales tax increase; and WHEREAS, the City Commission of the City of Aventura whole-heartedly endorses and supports Mayor Penelas's proposal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Resolution No. 99~ Page 2 Section 1. The City Commission of the City of Aventura extends its approval and support of Miami-Dade County Mayor Alex Penelas's proposed Transportation Package as outlined in the above recitals. Section 2. The City Commission urges all residents of the City of Aventura to join in supporting Mayor Penelas's proposal to provide transportation improvements and relief from traffic congestion. Section3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey Perlow Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder PASSED AND ADOPTED this 1't day of June, 1999. ARTHURI. SNYDER, MAYOR ATTEST: TERESA M. SOROKA, CMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EMS/tms CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: TO: City Commission DATE: May 27,1999 SUBJECT: Resolution Approving Transfer of TCI Cable Television Franchise to MediaOne June 1, 1999 City Commission Meeting Agenda Item '1 L RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution approving the transfer of the TCI Cable Television Franchise to MediaOne. BACKGROUND At the April 6, 1999 Commission Meeting, the Commission approved the change of control transfer of the Cable Franchise from TCI to AT&T. The local company operating as TCI TKR of South Florida, Inc. continued to service the various condominiums in the City. MediaOne has filed an application for the transfer of the local cable franchise from TCI TKR of South Florida. The City's Cable Franchise Ordinance requires City Commission approval of the proposed transfer. The Ordinance and Cable Television Franchise also provides that certain specific information on the proposed transaction, including details on legal, financial, technical and other qualifications, be submitted and reviewed by the City. In addition, the applicant was required to provide written acceptance of the terms and conditions of the Franchise Agreement as evidenced by Exhibit "An attached hereto. Based on a careful review of the information provided to the City by the City's cable television legal firm, Leibowitz & Associates, P.A., the transfer is recommended. However, in light of recent rate increases imposed by TCI, the MediaOne representative should address the Commission regarding their intentions for future rate increases. In order to reserve our rights, in the event that any form of rate regulations is enacted by Congress, we will be filing a complaint with the FCC regarding TCI's rate increases. If you have any questions, please feel free to contact me. EMS/aca Attachment cc0755-99 L~o~rz & ~ssocz~r~$, P.A. May25, 1999 Via Facsimile ($05) 466-8919 Mr. Eric M. Soroka City Manager City of Aventura Government Center 2999 NE 191~' Street Suite 500 Aventura, FL 33180 Pendin~ Transfer of the Cable Television Franchise ill the City of Aventura from TCI TKR of South Florida, Inc. to MediaOne Dear Mr. Soroka: Attached hereto is thc Rcsolutiun approving the transfer of the TCI franchise to MediaOne and the affidavit signature pages executed by MediaOne that serve as MediaOne's acceptance of the terms of the mmsfer. Please agendize these documents for City Council consideration accordingly. However, please be advised that the City of Aventura, prior to the Couacil meeting, should be in receipt ora letter from MediaOne in the form attached hereto which serves to further delineate the City of Aventara's "most favored nation" status with regard to open access to the cable modem platform. It is the Law Firm's recommendation that upon receipt of the "most favored nation" correspondence from MediaOne, the City of Aventura City Council approves thc pending franchise ~mnsfer to McdiaOne. As a separate mailer, the City Of Aventura has received notice ~om TCI of its intent to i~crease its rates for various cable television services effective June I, 1999. TCI's April 29, 1999 correspondence (received by the Law.Firm May 12, 1999) serves to notify the City of increases in cable rates with regard to the basic programming ~erv/cc tier, thc expaaded progxmmrning service tier, and various a la carte services. At this time, the City of Aventura is not cerdfied to regulate the basic programming sere/ce tier. In addition, regulation of the cable programmh~g service tier sunset after March 31, 1999. However, the City of Aventura Cable Television Ordinance No. 97-20 as amended by Ordinance No. 98-11 provides that the City raay consider whether oraot a cable ~!05 5t0 9417 LEIBO~ITZ tSSOCI~TES Mr. Er/c M. Soroka May 25, 1999 Page 2 television franchise transfer will adversely affect cable ser-dces to subscribers or otherwise be conlrary to the public interest. Due to the uncertainly of the status ofral:e regulation since the sunset of cable prograr,~mlng service tier rate regulation, the Law Firm wotO. d recommend approval o£ the pending transfer but also recommend that the City, in order to reserve its right in the event that any form of rate re-regulation is implemented by Congress, files a rate Complaint with the Federal Commtlnicatinus Commission. The Law Fm is available to rite the complaint on the City's behalf. I~ addition, the Council may require that a MediaOne representative add~ess MediaOne's future plans with regard to rates at the Council meeting. As per your conversation with lla Feld'this afternoon, it is the Finn's understanding that the transfer will be agendized for the June 1, 1999 Council meeting. In addition, as per your discussion, Braulio Baez of the Law Firm w~ll attend the Council meeting to answer any questions that may arise. Sincerely, Allison K. I-[iR CC: lla L. Feld, Esq. Braulio Baez, Esq. David Wolpin, Esq., City Attomey Attachment DRAFT LANGUAGE TO BE RECEIVED VIA SIDE LETTER FROM MEDIAONE PRIOR TO CITY COUNCIL MEETING This letter is written to confi,'m our understandiug relating to the Most Favored Nations language negotiated belwccn the City of Aventura and McdiaOne. The language that has been offered and which is currently inserted ~ our Unconditional Acceptance of Terms documents is the most favorable language Media0ne has submitted to ,~oluntarily. Additionally, it is my expectation, and has been the direction of my client, that no more favorable language be offered to any community. Nevertheless, if Media0ne does offer more favorable Most Favored Nations language relating to tmburtdled cable lntemet services, we have agreed to ofi~r the same to Aventura. Out understanding extends through the end of 1999 or throagh such longer period of time as may be agreed between MediaOne and any Miami-Dade or Browaxd community. RESOLUTION NO. 99- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE TRANSFER OF THE TCl TKR OF SOUTH FLORIDA, INC. CABLE TELEVISION FRANCHISE FROM TCl TO MEDIAONE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 11, 1999, the City of Aventura, Florida (the "City") received notification of the proposed transfer of control of the TCI TKR of South Florida, Inc. ("TCI-SF") cable television franchise to MediaOne ("Transferee" or "MediaOne"); WHEREAS, pursuant to Ordinance No. 97-20, as amended by Ordinance No. 98- 11, of the City of Aventura (the "Ordinance"), and the TCI-SF Franchise Agreement granted pursuant to Ordinance No. 99-03 (the "Franchise"), no such transfer of control may occur without prior approval of the City Commission; WHEREAS, pursuant to Section 6(D), Section 9 and Section 23 of the Cable Television Ordinance and Section 29 of the TCI-SF Cable Television Franchise, any transfer of the Franchise is prohibited without prior authorization of the City; and WHEREAS, the City shall act upon TCI's application at the regularly scheduled meeting on June 1, 1999, pursuant to TCI's express consent that the City waives no rights under Federal, state and local law and the Ordinance and the Franchise by scheduling consideration of the change of control on June 1, 1999; WHEREAS, the City has required written acceptance from TCI and MediaOne of the terms and conditions of this Resolution by affidavit as a condition precedent to the adoption of this Resolution (affidavit attached hereto as Exhibit A); and WHEREAS, in the event the proposed transaction between TCI and MediaOne is Ordinance No. 99-__ Page 2 not consummated or does not reach final closure for any reason, or in the event such closure is reached on terms substantially or materially different to the terms described in the application and exhibits thereto, submitted to the City on February 11, 1999, this Resolution, together with the affidavits of acceptance submitted by the proposed transferor and transferee, shall be null and void. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF AVENTURA, THAT: 1. To the extent required, the City of Aventura hereby consents to the transfer of the TCI-SF Cable Television Franchise from TCI to MediaOne. 2. That the consent granted herein does not constitute and should not be construed to constitute a waiver or release of any obligations of TCI under cable Ordinance No. 97-20 as amended by Ordinance No. 98-11 and the cable television franchise. 3. That the consent granted herein does not and should not be construed to constitute a waiver of any right of the City under applicable law including, but not limited to Cable Television Ordinance No. 97-20, as amended by Ordinance No. 98-11 and the Cable Television Franchise; and further, this consent shall not prejudice the City's rights with respect to the enforcement, renewal or transfer of the current cable television franchise and any amendments thereto. 4. That the consent herein granted is conditioned upon (a) MediaOne's assurances set forth in its affidavit submitted to the City on May 21, 1999 and attached Ordinance No. 99-__ Page 3 hereto as Exhibit A; (b) Franchisee's payment to the City of Eight Thousand One Hundred ($8,100) Dollars to support various cable-related activities. This payment shall not in any case be passed through to subscribers; (c) MediaOne's unconditional acceptance of this Resolution, Cable Television Ordinance No. 97-20 as amended by Ordinance No. 98-11 and the Franchise Agreement originally executed by TCl; and (d) Franchisee's submission to the City of cost recovery for all costs incurred by the City directly or indirectly related to the transfer process including, but not limited to, consulting fees and legal fees. Such costs are estimated at $10,781. 5. That the consent herein granted is limited to the right to provide cable services, and to the extent not otherwise prohibited by applicable law, MediaOne shall be required to obtain any lawful permission from the City, prior to its providing any other services within the City. 6. That this Resolution shall have the force and effect of continuing the agreement between TCI-SF and the City of Aventura, Florida, the Franchise Authority, and to make said terms and conditions binding upon the Transferee, MediaOne. 7. That the City hereby reserves all of its rights pursuant to Federal, state and local law including, but not limited to the rights in (a) the franchise renewal process including, but not limited to, the right to consider violations of the franchise regardless of whether such violations occurred prior to the effective date hereof; (b) the franchise transfer process including, but not limited to, the right to act upon any application to sell, assign or otherwise transfer controlling ownership of the cable system; and (c) the Ordinance No. 99-__ Page 4 enforcement of the current Cable Television Ordinance No. 97-20 as amended by Ordinance No. 98-11 and the current Cable Television Franchise as amended. 8. That the consent herein granted is an express non-waiver and express reservation of the City's rights and authority with respect to enforcement of TCI-SF's compliance with applicable law including, but not limited to cable television Ordinance No. 97-20 and 98-11 as amended and the current cable television franchise as amended. MediaOne, and to the extent required by the franchise or allowed pursuant to applicable law its parent, affiliates and subsidiaries, shall be liable for any and all violations of said law and agreement notwithstanding whether any such violation arose prior to the effective date hereof. The City's approval of the transaction shall in no way be deemed a representation by the City that TCI-SF is in compliance with its obligation under Cable Television Ordinance 97-20 as amended by Ordinance No. 98-11 or the Franchise Agreement. 9. That the consent granted herein is subject to MediaOne's compliance with all other applicable legal requirements and the City does not waive and expressly reserves the right to enforce full compliance with applicable Ordinance and Franchise requirements, whether or not any non-compliance that may be determined arose before or after the transfer of the TCI-SF franchise from TCI to MediaOne. 10. herein. The foregoing Resolution was offered by Commissioner That this Resolution shall become effective upon the date of its adoption , who Ordinance No. 99-__ Page 5 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 Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder PASSED AND ADOPTED THIS 1sT DAY OF JUNE, 1999. ARTHURI. SNYDER, MAYOR ATTEST: TERESA M. SOROKA, CMC, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY DATE DRAFT 05/03/99 EXHIBIT A UNCONDITIONAL ACCEPTANCE OF TERMS OF RESOLUTION NO. 99-.. BEFORE ME, appeared the un~dersigned authority who hay/ag been duly s~vom upon Iris oath deposes and states that: 1. The affiant is the of MediaOne, amd is the person authorized to execute this doctanent on behalf of MediaOne. 2. The affiant is submitting this affidavit as a condition precedent to the tramfer of thc TCITKR of South Florida, Inc. ("TCI-SF") cable television fi'annhise to MediaOae. 3. The affiant is submitting this Affidavit on behalf of MediaOne as an tmconditional acceptance by Transferee of the Ordinance No. 91-20, as amended by No. 98-1 i, the Franchise Agxeement and Resolution 4_ MediaOae shall comply wit~t and abide by all terms, provisions and conditions of Ordinance Nos. 97-20, 98-11, the Franchise Agreement, and Resolution __ S., Franchisee shall cooperate m any t~aachise fee compliance inquiry in connection with any possible ~anchise fee arrearages that may have arise~ or that may arise through the exclusion of certain revenue s~reams, regardless of whether such arrearages arose prior to the effective date of Resolution NeC 6. The fmanclal payments emm~erated i~ Resolution No. were calculated on a subscriber basis of 2,970 subscribers in the franchise area. tl~e c tnt Franchtsee offers cable later'net services over tls (;ab e system.ih LEIBO~ITZ ASSOCIATES DATE DRAFT 05~03/99 :- o£Aventura, it sh~l provide open access on a "Most Favored Nation" basis_ This means (1) any access through its cable modem platform which Franchisee makes universally available to all unafiilmted tlfird party providers of Imemet access and on-line servtces m any other community w/fl be made available by Franchisee to all~uch providers in the City of Aventura on comparable terms and conditions, or (2) any access through its cable modem platform which Franchisee provides to unaffiliated third party providers of Interact access and on-line services due to agreements ~th government enuttes or the law~ non-dis ,c~mmato~ regulauons of government entities will be made available by Franchisee to all such similar providers in the City o£Aventu~a on comparable ternas and conditions. This requirement shail be subject to technical feasibility. Franchisee shall comply with all lav, fful requirements with respect to access to Franchisee's cable modem platform for providers of Interact access and on-line services. 8. MediaOne shall Comply with all other applicable legal requirements, includ/ag caniage of broadcast digital and high definition television signals, ~md interconnect[on of the cable system ,.wi.',th potential competitors for purposes, among other things, of shat/ag cable PEG channels as required by the Franck(se Agreement or applicable law. 9. To the extent not prohibited by applicable law, the Franchisee agrees that cable · htemet services, including, but not limited to ~ Home, Roadrunner, and Media E×pmss or similar CONT'INUED ON NEXT' PAGE 2 9417 LEIBO~ITZ A:,SO![ATES DATE DRAFT 05/03/99 services, provided by the Franchisee, its parent, affiliates or subsidiaries, ox;er the cable system shall be deemed "cable services" as provided under Title VI of the Communications Act of 1934, a.s m:aended. Revenues received by Franchisee, and its parent, affiliates, or subsidiaries, from such services provided Over the Fraachisee's cable system, iacluding, but not limited to, latemet services and access, cable modem extuipmcnt,-'advertising and sales revenues, shall b.¢ included within the definition o£gross revenues for the purposes of the franclfise f¢¢ calculit/on to the max/mum ex-tent required by the Franchise Agreement and consistent with. applicable law. It is the intent of the parties that this paragraph applies no mo~..b, roadly than the ¢×btiug cable television franchise with respect to other cable services. 10. MediaOae aclmbwledges that the Legislative History of the 1992 Cable Act contemplates that the City shall address any deficiencies m serv/ce, including non-compliance, at the time of any transfer of the franchise. The Transferee agrees to enSUre that it assumes responsibility for any ~m.d all non:compliance under the current frm~chise that may now exist or may later be discovered to have existed during the tezm of the franch.ise even if prior to the closing of the transfer ~fthe franchise. 11. MediaOne unconditionally accepts ail temps and conditions of Resolution No_ FURTHER AFFIANT SAYETH NAUGHT. MEDIAONE By: t DA'tr~ Dl~Alrr 8~:/g3/~ DA'T~ DRAFT STATE OF FLORIDA ) COUNTy OF MIAMI-DADE ) BEFORE MI=., &e undersigned authority, personally appeared . who is known to me personally (or provided proof of ideatifiealion) and upon being first duly sworn acknowledg~ that he/she executed the foregoing document freely and voluntarily and for the purpose therein expressed. WITNESS my hand and official seat .in the County and Sta~ lazt aforesaid this ~ 1999. _ day of NOTARY PUBLIC, State of Florida My Com.,.m./ssion expires: 4 EXHIBIT "A" Agenda item 7D CITY MANAGER'S PERFORMANCE EVALUATION PACKAGE - as reviewed at the May 24, 1999 Commission Workshop: $10,000 bonus effective June 1, 1999 TO: FROM: DATE: SUBJECT: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM City Commissio C.~Ma~ Eric M. Soroka, May 27, 1999 Renaming N.E. 209t~ Stre-e't~o Dr. Bradley I. Silverman Way June 1, 1999 City Commission Meeting Agenda Item The City has received a request from several doctors affiliated with Aventura Medical Center to rename N.E. 209th Street, from Biscayne Boulevard to West Dixie Highway, to Dr. Bradley I. Silverman Way. The street is the main avenue from the Medical Center to the new Cancer Reseamh Center, which Dr. Silverman was instrumental in bringing to that location. The County was advised that City approval is required on local roads for street name changes. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0756-99 AFFIDAVIT OF JACQUELINE STONEBERGER STATE OF FLORIDA ) )SS COUNTY OF MIAMI-DADE ) BEFORE ME, the undersigned authority personally appeared Jacqueline Stoneberger who is personally known to me who upon being duly sworn, deposes and says: I am Jacqueline Stoneberger and I am Director, Community Relations for Eagle National Bank. I have personal knowledge of the facts contained in this affidavit. As part of my official duties for the Bank, I am responsible for making recommendations regarding signage. In order to be in a position to make a recommendation regarding the signage at the new Aventura Branch, I conducted certain research. This included market research regarding the location of both the current and potential customer base for the Bank as well as evaluating the surrounding physical area. My market research determined that the majority of the Bank's current customer base is located to the East and North of the Branch location. Also, I believe that a large majority of the Bank's new customers will come from the East because the Bank's Marketing Department plans to target those areas with the highest concentration of residences. Also I recently had occasion to drive around the surrounding area by automobile. I determined that a sign on the East elevation of the building where the new Branch will be located can be seen soon enough by people traveling west on the Lehman Causeway to allow those people to exit onto Country Club Drive. Furthermore, a sign on the East elevation of the building provides excellent directional assistance to those people traveling to the Bo~k on Country Club Drive as such a sign can be seen until they turn right onto 29th Avenue. On the other hand, a sign on the North elevation of the building ce~,~ot be seen soon enough by people traveling west on the Lehman Causeway to allow them to exit onto Country Club Drive. Therefore, a sign only on the North elevation will encourage people to use Biscayne Boulevard to reach the location instead of the less traveled Country Club Drive. Also a sign on the North elevation does not provide good directional assistance because it cannot be seen by those people who ~ke Country Club Drive after they make the left turn onto Country Club Drive and it cannot be seen by those traveling on Biscayne Boulevard for very long after they turn onto Biscayne Boulevard. FURTHER AFFIANT SAYS NAUGHT. ~BED Notary Puh~ic-Sta~e of Florida Commission Number: My Commission Expires: ,, before me on thisLO day of May 1999. OmC~NO~A~YS~ .... LINDA L WATE~42u~ NOTARY PUBLIC STATE OF I:LORIDA ] COMMISSION NO. CC~37062 [ MY C_O.M.M~ISSION EXP. MAR. 15,200o. ! MIA5-739136 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma v. Fertieyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/iCa Miami Review, a daily {except Saturday, Sunday and Legal Hctldays) newspaper, published at Miami in Dabe County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA NOTICE OF PUBLIC HEARING JUNE 1, 1999 RE: EAGLE NATIONAL BANK in the ..................... ~f.~Li~5~ 5f. ........................................ Court, was published in said newspaper in the issues of May 21, 1999 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami In said Dade County, Flodda, and that the said newspaper has heretofore been continuously published in said Dada County, Florida, each day (except Saturday, Sunday and Legal Holidays) and ties been entered as second claSS mail matter at the post office in Miami in said Dada County, Florida, for a pert(x] of one year next preceding the first publication of the attached copy of .advertisement; end affiant further says that she has neither paid nor promised any 99 * or corporation any discount rebate, commi r the purpose nOfewSeCUrier' this 8dvertis on in the said 2 before me this99 CITY OF AVENTURA NOTICE OF PUBLIC NI~ARING Date and Time of Public Hearing: Applicant Name: Applicant Reques~ Tuesday, June 1, 1999 6:00 p.m. Eagle National Bank The applicant is requesting the following: Sign Variance to allow a pem~tted Wall Sign on the north elevation to be located more than 50% above the OUlr0mg's roofline: and Sign Vadance to allow a second Wall Sign on the east elevation to be located more than 50% a~ove the buitdlng's roofline, where only one Wall Sign is alloweo oy Application Number: Location of Property: Legal Description: 2999 NE 191st Streel Aventura Part Tract II, 5th Addition, Biscayne Yacht and Country Club, as recorded in Plat Book 99, Page 20 of the Public Records of Miami- Dada County, Rorida Plans are on file and may be examined dudng regular business hours in the City of Aventura, Community Development Department, 2999 NE t91'-~eet, Suite 500, Aventura, Fiodda 33180. Ptahs rna~y be modified at or before the Public Hearing. The application may change during the hearing process. ~ The Public Hearing will be held at Biscayne Medical Arts Building, 21110 Biscayne Bouleva[d, Suite 101, Aventura, Florida 33180. Your comments may be made' in pq[son at the hearing or tiled in writing prior to the hearing date. Refer to applicant/property on correspon* dence and mai[ same to City of Aventura, Community Development Department, 2999 NE 191 Street, Suite 500, Aventura, Florida 33180. For further ioforma ion, please call (305) 466-8940. In accordance with the Amedeans with Disabilities Act of 1990, all persons whe are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the Clerk (305) 466-8901, not later than two business days pdor to such proceedings. I1 any person decides 1o appeal any decision made by ,the City Commission'with respect to any matter considered at a meeting or heari~ng~ that fierson will need a record of the proceedings and for that purpose; may need to ensure that a verbatim record of the proceed- ings is made, which record includes the testimony and evidence upon which the appeal is to be based. Teresa M. Soroka, CMC, City Clerk 5/21 99-3-052136M