Loading...
09-07-1999 CC Meeting AgendaCity Commission Arthur 1. Snyder, Mayor Arthur Berger Jay R. Beskin Ken Cohen Harry. Holzberg Jeffrey M. Perlow Patricia Rogers-Libert City Manager Eric M. Soroka City Clerk Teresa M. Soroka, CMC/AAE City Attorney Weiss Serota Helfman Pastoriza & Guedes AGENDA September 7,1999- 6 PM Biscayne Medical Pats Building 21110 Biscayne Boulevard Suite 101 Avemura, 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 ItEARINGS - 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 ConUmssinn will not consider what you have said in its final deliberations. DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF VARIANCE FROM SECTION 1101 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A 500-GALLON ABOVE-GROUND FUEL STORAGE TANK FOR AN EMERGENCY GENERATOR IN THE RMF4, MULTI-FAMILY HIGH DENSITY RESIDENTIAL ZONING DISTRICT, WHERE NO ABOVE GROUND FUEL STORAGE TANKS ARE ALLOWED FOR PROPERTY LOCATED AT 19500 TURNBERRY WAY; PROVIDING AN EFFECTIVE DATE. 4. APPROVAL OF MINUTES: Commission Meeting Commission Workshop August 3, 1999 August 25, 1999 AGENDA: Request for Deletions/Emergency Additions SPECIAL PRESENTATIONS: None. CONSENT AGENDA: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR ACCEPTANCE OF EASEMENTS FOR DECORATIVE STREET LIGHTING AND LANDSCAPING FOR NORTHEAST 207TH STREET IN THE CITY OF AVENTURA; AUTHORIZING CITY MANAGER TO OBTAIN AND EXECUTE INSTRUMENTS CONCERNING EASEMENTS; AUTItORIZING ACCEPTANCE OF DEDICATION; PROVIDING FOR EFFECTIVE DATE. (Provides for acceptance of easements for decorative street lighting and landscaping for NE 207th Street) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ESTABLISHING PROCEDURES FOR COMMISSION TRAVEL AND EXPENSES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (Establishes procedures for Commission travel and expenses) AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES BY CREATING SECTION 2-380 "RESTRICTION ON ACTIVITIES BY CITY LOBBYIST" OF ARTICLE VI "LOBBYING ACTIVITIES" OF CHAPTER 2 "ADMINISTRATION;" PROHIBITING ANY PERSON RETAINED BY THE CITY TO SERVE AS A LOBBYIST FROM LOBBYING THE CITY DURING THE TERM OF SERVICE AND FOR A PERIOD OF ONE YEAR AFTER COMPLETION OF SERVICE; PROVIDING PENALTY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. (Provides that lobbyists under contract with the City may not lobby the City Commission during the term of the contract and for a one year period thereafter) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENTS OF BARBARA BRIGHTON AND PATRICIA CROOK TO THE CITY OF AVENTURA RECREATION AND CULTURAL ARTS ADVISORY BOARD IN ORDER TO FILL VACANCIES; AND PROVIDING AN EFFECTIVE DATE. 2 (Approves appointments of Barbara Brighton and Patricia Crook to fill vacancies on Recreation and Cultural Arts Advisory Board created by resignations of Mindy Bloom and Elaine Baxter) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING THE WILLIAMS ISLAND SIXTH AMENDED FINAL PLAT SECTION 10, TOWNSHIP 52 SOUTIt, RANGE 42 EAST CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR RECORDATION; PROVIDING AN EFFECTIVE DATE. (Approves final plat £or subject propem/) AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 33 "PARKS AND RECREATION" BY CREATING SECTION 33-2 "PARKS AND RECREATION USER FEES"; AUTHORIZING USER FEES TO BE PROVIDED FOR PARKS AND RECREATION FACILITIES, LEAGUES, ACTIVITIES AND PROGRAMS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. (Authorizes City Manager to establish user fees for parks and recreation by Administrative Policy) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, RETAINING THE FIRM OF RACHLIN COHEN & HOLTZ TO PERFORM INDEPENDENT AUDITING SERVICES FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1999; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED ENGAGEMENT LETTER; AND PROVIDING AN EFFECTIVE DATE. (Authorizes City Manager to execute engagement letter with Rachlin Cohen & Holtz to perform independent audit for F/Y ended 9-30-99) 8. PUBLIC HEARING: ORDINANCES - FIR~ST READING: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS, ENACTED BY ORDINANCE NO. 99-09, BY AMENDING SECTION 1205 ENTITLED "REPAIR OR RECONSTRUCTION OF NONCONFORMING STRUCTURE", AMENDING PARAGRAPH 1205.4.2 CONCERNING COMMERCIALLY DEVELOPED PROPERTIES, PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. 9. PUBLIC HEARINGS: ORDINANCES - SECOND READING: 3 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, RELATING TO AD VALOREM TAXATION; PROVIDING FOR AN ADDITIONAL HOMESTEAD EXEMPTION ]FOR CERTAIN QUALIFYING SENIOR CITIZENS TO BE APPLIED TO MILLAGE RATES LEVIED BY THE CITY, PROVIDING REQUIREMENT O]F ANNUAL APPLICATION AND SUBMISSION O]F SUPPORTING DOCUMENTATION; PROVIDING FOR WAIVER OF EXEMPTION; PROVIDING FOR AN ANNUAL INCREASE IN THE INCOME LIMITATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR EFFECTIVE DATE. I0. RESOLUTIONS: None. 11. OTHER BUSINESS: None. 12. REPORTS 13. PUBLIC COMMENTS 14. ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS: Commission 1~ Budget Public Hearing Commission 2na Budget Public Hearing Commission Workshop Meeting Commission Meeting September 9, 1999 September 23, 1999 September 29, 1999 October 5, 1999 6 p.m.** 6 p.m.** 9 a.m.* 6pm** *Oovexament Centex 2999 NE 191a Street Suite 500 **Biscayne Medical A~s Building 21110 Bimayne Blvd. Suite 101 This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to palticipate in this meeting because of that disability should contact the Office of the City Clerk. 305-466-8901, not latex than two days prior to such proceeding. Agenda items may be viewed at the Office of the City Clexk, City of Aventura Govenmaent Center, 2999 NE 191~ Stroet, Suit~ 500, 4 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: City Commission ~ rri~n~: SK°erl:~ ' cCi~/uu August 12, 1999 De~lopment Direct/,~ SUBJECT: Request of Marina Tower of Turnberry Isle Condominium Association, Inc. for variance from Section 1101 of the City's Land Development Regulations to allow a 500-gallon above-ground fuel storage tank for an emergency generator in the RMF4, Multi-Family High Density Residential zoning district, where no above ground fuel storage tanks are allowed by code in the district. (08-VAR-99) September 7, 1999 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the request to allow a variance to permit a 500-gallon above-ground fuel storage tank for an emergency generator in the RMF4, Multi-Family High Density Residential zoning district, subject to the conditions outlined herein. THE REQUEST The applicant, Marina Tower of Turnberry Isle Condominium Association, Inc. has requested a variance from Section 1101 of the City's Land Development Regulations to allow a 500-gallon above-ground fuel storage tank for an emergency generator in the RMF4, Multi-Family High Density Residential zoning district, where no above ground fuel storage tanks are allowed by code. (Letter of Intent is attached as Exhibit #1) BACKGROUND OWNER OF PROPERTY NAME OF APPLICANT ADDRESS OFPROPERTY SIZE OFPROPERTY LEGALDESCRIPTION Zoning Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Existing Land Use - Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Marina Tower of Turnberry Isle Condominium Association, Inc. Marina Tower of Turnberry Isle Condominium Association, Inc. 19500 Turnberry Way (Location Map is attached as Exhibit #2) 88,797 square feet (1.92 acres) A portion of Tract "DD" of Fifth Addition Biscayne Yacht and Country Club, Plat Book 99, Page 20, Public Records of Miami-Dade County, Florida. RMF4 RMF4 B1 RMF4 RMF4 Multi-Family High Density Residential District Multi-Family High Density Residential District Community Business District* Multi-Family High Density Residential District Multi-Family High Density Residential District *Pending required comprehensive plan amendment Residential Water; and Residential Vacant Residential Water; and Residential Future Land Use - Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Medium-High Density Residential Medium-High Density Residential Water; and Business and Office* Medium-High Density Residential Water; and Medium-High Density Residential *Pending required comprehensive plan amendment The Site - The site is located at 19500 Turnberry Way, at the northwest corner of Yacht Club Way and Turnberry Way. The Project - The applicant proposes to remove an existing 2000 gallon underground fuel tank and install a 500-gallon, double-walled above-ground fuel storage tank to serve an emergency generator at a condominium building. ANALYSIS Consistency with Comprehensive Master Plan - The request is not inconsistent with the City of Aventura Comprehensive Plan. Citizen Comments - The Community Development Department has received no written citizen comments. Community Development Department Analysis - The applicant's emergency generator currently uses a 2000-gallon underground fuel storage tank located approximately 20 feet southeast of the condominium tower. The tank now requires replacement. The Miami-Dade County Department of Environmental Resources Management (DERM) allows only the underground installation of fuel tanks with double walls and constructed of a synthetic, non-metallic material. Such tanks, which are intended for large commercial users (primarily automobile service stations) are not available in a size small enough to be practical for this application. The applicant has determined that a 500-gallon storage tank is sufficient for the emergency needs of the condominium. The applicant intends to install a double-walled tank approved by Underwriter's Laboratory for above-ground use near occupied areas. The tank will be adjacent to the condominium building on the south side, next to the generator room. (Site Plan is attached as Exhibit #3) The tank will be separated from the public right-of- way by a masonry wall. The land to the south of the site, across Yacht Club Way, is now vacant, but is zoned for business uses. The nearest building site on this vacant commercial land is over 120 feet from the proposed tank. The nearest residential land uses are approximately 250 feet to the east and 270 feet to the west. 3 The proposed tank poses no threat to public health or safety, nor does it detract from the visual aesthetics of the City or the Yacht Club neighborhood. The purpose of the City's regulation is to prevent the installation of large commercial above-ground fuel tanks (such as those used to fuel boats) in proximity to non-industrial uses. Staff will continue to require the underground installation of large fuel tanks used for commercial purposes. Criteria The guidelines for approval of variances as required by subsection 506.5 of the City's Land Development Regulation states: 506.5 Standards of review. A variance shall be granted only where competent and substantial evidence presented in the particular case shows that all of the following are met: 506.5.1 The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere convenience, if the regulations were carried out literally. 506.5.2 The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. 506.5.3 The alleged difficulty or hardship is not economic and has been deliberately created to establish a use or structure which is not otherwise consistent with the LDR. 506.5.4 The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. 506.5.5 The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The hardship at this location is caused by a number of factors unique to the site. Its location adjacent to the Intracoastal Waterway has effectively prevented the underground installation of the fuel tank due to environmental constraints. Because the fuel tank services an emergency electrical generator for a condominium tower, it is vital to protecting the health and safety of the tower's residents. Regulations prohibiting the installation of fuel tanks in residential areas are intended to prevent the use of large commercial fuel tanks in such areas, not the use of small fuel tanks that directly service the residential use. The applicant has selected a size and design of tank appropriate for the intended use and location. The location of the tank is safe, and being tucked in the corner of the existing building and screened with landscaping and a masonry wall, is not visible off-site. RECOMMENDATION it is recommended that the City Commission approve the request to allow a variance to permit a 500-gallon above-ground fuel storage tank for an emergency generator in the RMF4, Multi-Family High Density Residential zoning district, subject to the conditions outlined herein. CONDITIONS 1. The proposed fuel tank shall be of no more than 500 gallons capacity, shall be of double-walled construction, shall be of an approved design for the intended use, shall be installed by an approved contractor, and shall be located in substantial conformity with that indicated in Exhibit #3. 2. Applicant shall remove the existing underground fuel tank in a manner approved by the Miami-Dade County Department of Environmental Resources Management. 3. Applicant shall apply for building permits from the City within 180 days of the variance approval or the approval shall be null and void. JUNE 18, 1999 CITY OF AVENTURA 2999 N. E. 191 STRRRT SUITE 500 AVENTURA FL 331 ATTN: BRENDA ] __ DEAR MS. LISTED I Marina Tower of Turnberry Isle CONDOMINIUM ASSOCIATION, INC. ro REMOVE A 2000 GALLON AND REPLACE IT WITH A 500 GALLON U L }ROUND TANK. DN THE SOUTH WEST PORTION OF AND TWO EXISTING WALLS. CONTAINED AREA. THIS AREA IS LOCATED THIS ro PLACING THE FUEL TANK IN 08- -99 Mailing Address: 19500 Turnbcrry Way · Turnberry Isle · Aventura, Florida 33180 · Phone 305-935-3600 · Fax 305 931-2868 LEGEND City Boundary new tank "~ ~ 'i ~"~XHIBIT #3 08-VAR-g9 C - TEOH :OCIATES ,RP( RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF VARIANCE FROM SECTION 1101 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A 500-GALLON ABOVE-GROUND FUEL STORAGE TANK FOR AN EMERGENCY GENERATOR IN THE RMF4, MULTI-FAMILY HIGH DENSITY RESIDENTIAL ZONING DISTRICT, WHERE NO ABOVE GROUND FUEL STORAGE TANKS ARE ALLOWED FOR PROPERTY LOCATED AT 19500 TURNBERRY WAY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned RMF4, Multi-Family High Density Residential District; and WHEREAS, the applicant, Marina Tower of Turnberry Isle Condominium Association, Inc., through Application No. 08-VAR-99, is requesting a variance from Section 1101 of the City's Land Development Regulations to allow a 500-gallon above- ground fuel storage tank for an emergency generator in the RMF4, Multi-Family High Density Residential zoning district, where no above ground fuel storage tanks are allowed; and WHEREAS, the City Commission has held a public hearing as provided by la~ 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-VAR-99, requesting variance from Section 1101 of the City's Land Development Regulations to allow a 500-gallon above-ground fuel storage tank for an emergency generator in the RMF4, Multi-Family High Density Residential zoning district, where no above ground fuel storage tanks are allowed on property legally described as: A portion of Tract "DD" of Fifth Addition Biscayne Yacht and Country Club, Plat Book 99, Page 20, Public Records of Miami- Dade County, Florida. NK/A Marina Tower of Tumberry Isle Condominium 19500 Turnberry Way Aventura, Florida is hereby approved subject to the following conditions: 1. The proposed fuel tank shall be of no more than 500 gallons capacity, shall be of double-walled construction, shall be of an approved design for the intended use, shall be installed by an approved contractor, and shall be located in substantial conformity with that indicated in Exhibit #1. 2. The applicant shall remove the existing underground fuel tank in a manner approved by the Miami-Dade County Department of Environmental Resources Management. 3. The applicant shall apply for building permits from the City within 180 days of the variance approval or the approval shall be null and void. Resolution No. Page 3 Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. This Resolution shall become adoption. The foregoing Resolution was offered by , its adoption. The motion was seconded by put to a vote, the vote was as follows: effective immediately upon its , , who moved , , , and upon being Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlew Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder PASSED AND ADOPTED this 7th day of September, 1999. ATTEST: ARTHURI. SNyDER, MAYOR TERESA M'.SOROKA, CMC/AAE CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Resolution No. Page 4 This Resolution was filed in the Office of the City Clerk this day of ,1999. CITY CLERK / ? d new tank M~I~I M/~ TO \V'E I~ '~/ '~-'~ 'i ~XHIBIT #1 08-VAR-99 I / /' ' SITE P L A_ f'",l C- TEOH .I :OCIATES I~ ~RPORATEDI ',, MINUTES CITY COMMISSION MEETING TUESDAY, AUGUST 3, 1999 6 PM Biscayne Medical Arts Center 21110 Biscayne Boulevard Suite 101 Aventura, Florida CALL TO ORDER/ROLL CALL: The meeting was celled 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 (arrived at 6:15 p.m. during item 3B), Vice Mayor Patricia Rogers-Libert, Mayor Snyder, City Manager Eric M. $oroka, City Clerk Teresa M. Soroka, and City Attorney David Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE. Cesar Phillips led the pledge of allegiance. 3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M. Ex-parte communicetions 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. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF A RELEASE OF MIAMI-DADE COUNTY RESOLUTION NO. 2696; GRANTING APPROVAL OF A RELEASE OF MIAMI-DADE COUNTY RESOLUTION NO. 4-ZAB-471-79; GRANTING APPROVAL OF A VARIANCE FROM SECTION 704.3.5(d) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A FRONT YARD SETBACK OF NINETEEN (19) FEET WHERE TWENTY-FIVE (25) FEET IS REQUIRED FOR PROPERTY LOCATED AT 17700 BISCAYNE BOULEVARD; PROVIDING AN EFFECTIVE DATE. A motion for approval of the resolution was offered by Commissioner Cohen and seconded by Vice Mayor Rogers-Libert. 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. There being no speakers, the public hearing was closed. The motion for approval of the resolution passed unanimously, 6-0, and Resolution No. 99-38 was adopted. B. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CiTY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF VARIANCE FROM SECTION 801.2 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW 112 OFF-STREET PARKING SPACES WHERE 130 OFF-STREET PARKING SPACES ARE REQUIRED; GRANTING APPROVAL OF VARIANCE FROM SECTION 704.6.1 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A PLOT AREA OF 1.22 ACRES WHERE 1.5 ACRES IS REQUIRED; GRANTING CONDITIONAL USE APPROVAL TO ALLOW TWO (2) DRIVE-THROUGH TELLER LANES AT A BANK ON THE GROUND FLOOR OF A PROPOSED OFFICE BUILDING; GRANTING APPROVAL OF THE ABANDONMENT OF APPROXIMATELY 2,134 SQUARE FEET OF PUBUC ALLEYWAY PLATTED IN BLOCK 8 OF THE HALLANDALE PARK NO. 8 SUBDIVISION; FOR PROPERTY LOCATED BETWEEN NE 206 STREET AND NE 207 STREET ON THE EAST SIDE OF EAST DIXIE HIGHWAY; PROVIDING AN EFFECTIVE DATE. A motion for approval of the resolution was offered by Commissioner Berger and seconded by Commissioner Holzberg. 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~ Street, representing the applicant; and Dr. Rick Mars. There being no further speakers, the public hearing was closed. An amendment was offered by Commissioner Beskin and seconded by Commissioner Perlow to amend Paragraph 4 of Section 4 of the Resolution to delete the provision requiring the planting of 6 swale trees along East Dixie Highway and require construction of 8 parking spaces on Dixie Highway and provide that applicant shall enter into lease with Florida East Coast Railway for 20 parking spaces on wast side of Dixie Highway with appropriate landscaping. The amendment passed 6-1, with Commissioner Berger voting no. An amendment was offered by Commissioner Perlow and seconded by Vice Mayor Rogers-Libert to require use of property as 40% professional and 60% medical. The amendment passed 6-1, with Commission Beskin voting no. A motion to approve variance request #2 was offered by Commissioner Perlow, seconded by Vice Mayor Rogers-Libert and unanimously approved. A motion to approve variance request #3 was offered by Vice Mayor Rogers-Libert, seconded by Commissioner Holzberg and unanimously approved. A motion to approve 2 variance request #4 was offered by Vice Mayor Rogers-Libert seconded by Commissioner Perlow and unanimously passed. A motion to strike paragraph #7 of Section 4 of the Resolution was offered by Vice Mayor Rogers-Libert, seconded by Commissioner Perlow and unanimously passed. The motion for approval of the resolution, as amended, was unanimously passed and Resolution No. 99-39 was adopted. APPROVAL OF MINUTES: A motion to approve the minutes of the July 6, 1999 Commission Meeting, the July 13, 1999 Commission Meeting, the July 20, 1999 Budget Review Meeting and the July 20, 1999 Workshop Meeting was offered by Vice Mayor Rogers-Libert and seconded by Commissioner Berger. Commissioner Beskin requested that item 3C of the July 6th minutes be amended to read only that no action was taken. The motion to approve the minutes, as amended, was unanimously passed. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. SPECIAL PRESENTATIONS: None. CONSENT AGENDA: Commissioner Pedow requested removal of item 7C and Commissioner Beskin requested removal of items 7B and 7F, all 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: A. Resolution No. 99-40 was adopted 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 BONAVlDA CONDOMINIUM 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. D. Resolution No. 99-41 was adopted as follows: A RESOLUTION OF THE CiTY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING THE AVENTURA GOVERNMENT CENTER FINAL PLAT SECTION 3, TOWNSHIP 52, RANGE 42 CITY OF 3 AVENTURA, MIAMI~DADE COUNTY, FLORIDA; PROVIDING FOR RECORDATION; PROVIDING AN EFFECTIVE DATE. E. Resolution No. 99-42 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE crrY OF AVENTURA, FLORIDA APPROVING THE AVENTURA LAKES PHASE I (REPLAT) FINAL PLAT SECTION 34, TOWNSHIP 51, RANGE 42 CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR RECORDATION; PROVIDING AN EFFECTIVE DATE. The following items ware removed from the Consent Agenda and addressed separately: B. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMSSlON OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN COLLECTIVELY BARGAINED CONTRACT ATTACHED HERETO BY AND BETWEEN THE CITY OF AVENTURA AND THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION, WHICH CONTRACT SHALL BE EFFECTIVE UPON SIGNATURE BY THE CITY MANAGER AND THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Beskin and seconded by Commissioner Perlow. Commissioner Beskin requested 2 cledcal changes to the Agreement as follows: Article 4 title read "Dues (plural) Deduction" and the double negative in the second sentence of Section 5 of Article 4 be corrected. The motion for approval, as amended, passed unanimously and Resolution No. 99.43 was adopted C. Mr. Wolpin read the following motion: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $46,700 FOR FURNITURE EQUIPMENT, TACTICAL EQUIPMENT AND DRUG AND CRIME PREVENTION PROGRAMS FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. 4 9. 10. The motion was offered by Vice Mayor Rogers-Libert, seconded by Commissioner Beskin and unanimously approved. F. Mr. Wolpin road the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, RELATING TO AD VALOREM TAXATION; PROVIDING FOR AN ADDITIONAL HOMESTEAD EXEMPTION FOR CERTAIN QUALIFYING SENIOR CITIZENS TO BE APPLIED TO MILLAGE RATES LEVIED BY THE CITY, PROVIDING REQUIREMENT OF ANNUAL APPLICATION AND SUBMISSION OF SUPPORTING DOCUMENTATION; PROVIDING FOR WAIVER OF EXEMPTION; PROVIDING FOR AN ANNUAL INCREASE IN THE INCOME LIMITATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR EFFECTIVE DATE. After clarification of certain concerns by Commissioner Beskin, a motion for approval was offered by Commissioner Beskin, seconded by Commissioner Cohen and unanimously passed by roll call vote, PUBLIC HEARING: ORDINANCES - FIRST READING: None PUBLIC HEARINGS: ORDINANCES - SECOND READING: None. RESOLUTIONS: A. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE, SUBJECT TO ANNUAL REVISION AND AUTHORIZATION, THE CITY OF AVENTURA CAPITAL IMPROVEMENT PROGRAM DOCUMENT FOR FISCAL YEAR 1999100 TO 2003104; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Beskin and seconded by Commissioner Cohen. The motion for approval passed unanimously and Resolution No, 99-44 was adopted. B. Mr. Wolpin read the following resolution by title: 5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE TRANSFER OF THE CABLEVISlON COMMUNICATIONS CABLE TELEVISION FRANCHISE FROM INTERLINK COMMUNICATIONS PARTNERS, LLLP ("ICP") TO CHARTER COMMUNICATIONS OPERATING, LLC ("CHARTER) AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Beskin and seconded by Vice Mayor Rogers-Libert. Ila Feld, Esq., the City's cable counsel, addressed the Commission. The motion for approval passed unanimously and Resolution No. 99-45 was adopted. 11. OTHER BUSINESS: 12. 13. Mr. Wolpin read the following motion which was offered by Commissioner Holzberg and seconded by Commissioner Cohen: MOTION TO DIRECT THE CITY MANAGER TO PREPARE AN AMENDMENT TO LAND DEVELOPMENT REGULATIONS SECTION 1205.4.2 REGARDING NONCONFORMING USE PROVISIONS APPLICABLE TO COMMERCIAL PROPERTIES IN THE REDEVELOPMENT AREAS. After discussion, the motion passed, 4-3, with Commissioners Berger, Beskin and Vice Mayor Rogers Libert voting no. REPORTS: As presented. City Attorney and staff directed to prepare guidelines concerning Commission travel and expenses in accordance with the recommendations of the Travel Sub- Committee as follows: Each Commissioner shall be allotted $3,000 per fiscal year beginning 10/99 to cover travel, registration and related expenses for attendance at conferences, seminars and league meetings. These funds will not be carded over from year to year. The budget line item shall remain at $12,000 per fiscal year. Commissioners to provide reports to Commission at conclusion of meetings. City Manager directed to research the problem of Formosan termites and the feasibility of enacting legislation relative thereto. PUBLIC COMMENTS: The following individuals addressed the Commission: Ginger Grossman, W. Country Club Drive; Julie Israel and Anita Silva, Villa Dorada Condominium; Marian Nesbitt, E. Country Club Drive; Bernie 6 Weinstein, Terraces at Turnberry; George Berlin, Tumberry Associates; and Paul Lash. 14. 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 8:15 p.m. Teresa M. Soroka, CMC/AAE 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 is made, which record includes the testimony and evidence upon which the appeal is to be based. 7 MINUTES CITY COMMISSION WORKSHOP MEETING AUGUST 25, 1999 9 AM Biscayne Medical Ar~s Center 21110 Biscayne Boulevard Suite 101 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 Attorney Steven W. Zelkowitz. As a quorum was determined to be present, the meeting commenced. 1. Town Center Redevelopment (Commissioner Perlow): Mr. Perlow reported on his meetings with staff, also attended by the Vice Mayor, regarding possible redevelopment of the marina area as a town center. City Manager provided information and a conceptual drawing of the proposed town center area for Commission consideration. Representatives of Wallace, Roberts & Todd and Miami Economy Associates, redevelopment consultants, addressed concerns of the Commission. City Manager authorized to present conceptual plan to current property owners for their comments. 2. Proposed Water Feature Feasibility Study: Mr. Soroka presented to Commission a proposed work authorization for a feasibility study in the amount of $9680 for construction of a water feature in Founders Park. Consensus of Commission to proceed with feasibility study. Library Update: Mr. Soroka provided an update on this matter, including actions taken by Sunny Isles Beach and the Village of Key Biscayne, and his recent meeting with the County regarding their latest proposal. Consensus to invite County Commissioner Gwen Margolis to September Workshop meeting to listen to City Commissions' concerns regarding the library. Staff to prepare two Resolutions for consideration at that time as follows 1 ) withdrawing from the County library system; and 2) directing City Manager to initiate process of withdrawing from the County library system and explore the feasibility of operating City library. 4. Termite Report: Commission discussed whether or not to adopt legislation concerning the issue of Formosan termites. Consensus to meet with Condominium Presidents to inform them of this potential problem and obtain their comments and input, and add to City's legislative agenda. City Attorney to further review the intent of the existing statute. 5. Lobbyist Ordinance: Proposed ordinance presented to Commission for discussion and consideration. Consensus to proceed with enactment. 6. Street Naming Policy: Consensus to accept City Manager's recommendation not to establish guidelines for renaming streets within the City. = Community Programs (Commissioner Berger): Commissioner Berger proposed the idea of establishing programs with a positive theme within the City, encouraging youth participation. City Manager to review similar programs for further consideration by Commission. Commissioner Berger then discussed potential Y2K problems and special needs of certain citizens in the City. City Manager directed to review this matter further to determine what procedures are in place to address special needs residents. 8. Advisory Board Reports: In accordance with Commission direction, Janet Laine, Chair of the Recreation and Cultural Arts Advisory Board, made a presentation to the Commission providing an update as to the actions of the Recreation and Cultural Arts Advisory Board. Marian Nesbitt, Vice Chair of the Beautification Advisory Board, provided an update as to the actions of the Beautification Advisory Board. There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 11 a.m. Teresa M. Soroka, CMC/AAE 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 is made, which record includes the testimony and evidence upon which the appeal is to be based. 2 CITY OF AVENTURA TO: FROM: BY: DATE: SUBJECT: COMMUNITY SERVICES DEPARTMENT MEMORANDUM Eric M. Soroka, Ci Antonio F. Tomei, Ca~ects Manager August 12, 1999 NE 207th Street Easements September 7, 1999 City Commission Meeting Agenda Item Recommendation It is recommended that the City Commission adopt the attached Resolution providing for acceptance of easements for decorative street lighting and landscaping for NE 207th Street in the City of Aventura. Background Additional area was required beyond the right-of-way so that the disturbance of, and repair costs to existing sidewalk improvements on the roadway would be minimal. In addition, incorporation of improvements within or beneath the sidewalk itself would have created problems relating to ADA compliance, tripping hazards, and maintenance of the electrical and irrigation facilities. The following is a list of the properties granting the City of Aventura the pertaining easements: The Waterways Shoppes Aventura Corporate Center Waterways Village Bally Total Fitness If you have any questions or need additional information, please feel free to contact me. RESOLUTION NO. 99- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR ACCEPTANCE OF EASEMENTS FOR DECORATIVE STREET LIGHTING AND LANDSCAPING FOR NORTHEAST 207TH STREET IN THE CITY OF AVENTURA; AUTHORIZING CITY MANAGER TO OBTAIN AND EXECUTE INSTRUMENTS CONCERNING EASEMENTS; AUTHORIZING ACCEPTANCE OF DEDICATION; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the owners of property adjoining a portion of Northeast 207th Street have expressed an interest in granting an easement on a portion of their property adjacent to Northeast 207th Street for purposes of installation and maintenance of decorative street lighting and landscaping along Northeast 207th Street, within the City of Aventura; and WHEREAS, the City Commission finds that it is appropriate and in the best interest of the public to facilitate the granting of the easements along Northeast 207th Street and to accept the dedication of the easement parcel; NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. That the proposed easement parcels adjacent to Northeast 207th Street, as indicated on composite Exhibit "A" attached hereto, is hereby approved by the City Commission, subject to the requirements of this Resolution. Section 2. That the City Manager is hereby authorized to obtain the Easement Agreements which are to be granted for decorative street lighting and landscaping purposes adjacent to Northeast 207th Street. Upon approval by the City Attorney as to the legal form and sufficiency of the Easement Agreements, the City Manager is hereby Resolution No. 99-__ Page 2 authorized, on behalf of the City, to execute and implement such Easement Agreement and to accept the easements along Northeast 207th Street. Section $. That the City Manager is authorized to take all action necessary to implement the purposes of this Resolution. Section 4. That this Resolution shall be effective immediately upon adoption hereof. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M Perlow Commissioner Patricia Rogers-Libert Mayor Arthur I. Snyder PASSED AND ADOPTED this 7th day of September, 1999. Al-rEST: ARTHURI. SNYDER, MAYOR TERESA M. SOROKA, CMC/AAE CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY CITY A'I-I'ORN EY LILLIAN ARANOO DE LA HOZe RATBICIA M* BALOYRA MITCHELL A. BIERMAN WEISS SEROTA HELFMAN PASTORIZA ~ GUEDES, P.A. ATTORNEYS AT LAW ROBERT W. HOLLANDa CHRISTOPHER F. KURTZ GILBERTO PASTORIZA August 9, 1999 eOF COUNSEL Mr. Antonio Tomei City of Aventura Government Center 2999 N.E. 191 Street, Suite 500 Aventura, Florida 33180 Re: N.E 207 Street Easements Dear Tony: Enclosed please find a Resolution to be placed on the Agenda for the City Commission in connection with the easements for NE 207 Street. Please note that the only easement required joinder by the City of Aventura is the one executed by LaSalle U.S. Realty Income & Growth Fund, Inc. I have enclosed the original LaSalle easement for execution and copies of the others. As you will remember we did not obtain easements from Metropolitan Dade County (WASA), HRCBJS Partners (Pamel South of 207 Street And West of NE 30 Avenue) and from the Prudential Insurance (Promenade Shops). It was decided that the WASA easements were to be worked around and we did not need the easements for the other two parcels. Please call me should you have any questions. Very truly yours, Nancy A. Rubin NAR/jcc 328001 Enclosure THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Stcvcn W. Zclkowitz, Esq. WEISS SEROT,~ HELFMAN PASTORIZA & GUEDES, P.A. 2665 South Bayshore Drive, Suite 420 Miami, FL 33133 (305) 854-0800 For Recording Purposes Only EASEMENT THIS EASEMENT (this "Easement") is made this __ day of , 199_, by LASAIJ,E U.S. REALTY INCOME & GROWTH FUND, INC., a Delaware corporation, having an address at c/o LaSalle Advisors Limited, 200 East Randolph Street, Chicago, Illinois 60601, Atto: Gavin E. Campbell (hereinafter referred to as the "GRANTOR"), to and in favor of the CITY OF AVENTURA, a Florida municipal corporation, having an address at 2999 N.E. 191 Street, Suite 500, Aventura, Florida 33180 (hereinafter referred to as the "GRANTEE"). RECITALS: 1. GRANTOR owns fee simple title to cemain real property located in Miami-Dade County, Florida, as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Property"). 2. GRANTOR has agreed to grant to GRANTEE an non-exclusive, perpetual easement for street lighting and landscaping purposes as well as ingress and egress in, over, under, and upon the Property for the purpose of installing, constructing, maintaining, repairing and replacing any street lighting and landscaping located on the Property, subject to the terms and conditions hereinafter set forth. NOW, THEREFORE, for and in consideration of the premises and the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto do hereby agree as follows: 1. Recitals. The parties acknowledge that the foregoing recitals are tme and correct and hereby incorporated into this Easement as if fully set forth herein. 2. Grant of Easement. GRANTOR does hereby grant and convey to the GRANTEE and its licensees, agents independent contractors, successors and assigns, a non-exclusive, perpetual easement in, over, under, upon, across and through the Property for the purpose of installing and maintaining street lighting (including electrical wiring necessary thereto) and landscaping (including plantings and vegetation, ground forms, walkways, lighting and irrigation) as well as ingress and egress in, over, under, upon, across and through the Property with full rights and authority to enter upon and excavate the Property in order to install, construct, reconstruct, replace, improve, remove, inspect, repair and maintain such work. The parties acknowledge that the initial work to the Property shall be installed and constructed substantially in accordance with the plans and specifications entitled "N.E. 207~ Street Improvements" prepared by O'Leary Design Associates, P.A. dated August 1998, as amended. 3. hnprovements and Restoration. In the event GRANTEE exercises its rights as set forth in Section 2 hereof, GRANTEE shall, subject to the work described in Section 2, restore the Property and any improvements thereon to their prior existing condition at no cost or expense to GRANTOR unless such restoration is required due to the acts or omissions of GRANTOR. GRANTOR shall maintain the street lighting and landscaping it installs on the Property. GRANTEE shall use its best efforts to minimize any impacts to GRANTOR's ongoing activities on the Property in exercising its fights hereunder. GRANTOR and its successors and assigns, agrees not to build, construct or create, or permit others to build, construct or create any buildings, structures or other improvements on, over or under the Property that may interfere with the any improvements installed, constructed, operated and/or maintained by GRANTEE on, over or under the Property and/or adversely affect GRANTEE's rights hereunder, provided however, that GRANTEE shall obtain GRANTOR's approval as to the specific location of such equipment and materials. 4. Warranties and Representations. GRANTOR does hereby covenant with the GRANTEE, that (a) it is lawfully seized and possessed of the Property; (b) it has good and lawful right to enter into this Easement and convey said easement; and (c) ail applicable corporate, partnership, trust or other required authorizations, approvals or consents have been obtained and no other authorizations, approvals or consents are required to effectuate GRANTOR's execution and delivery of this Easement. GRANTOR acknowledges that GRANTEE is materially relying on the representations as herein expressed. 5. Covenants Running with the Land. This Easement, and the fights and interests created herein shall mn with the land and shall be binding upon and inuring to the benefit of the parties hereto and their respective successors and assigns. 6. Indemnification. 6.1 GRANTOR does hereby indemnify and hold GRANTEE harmless from any repair or replacements required to be made to the improvements and work installed by GRANTEE pursuant to this Easement due to the acts or omissions of GRANTOR and its licensees, agents and independent contractors. 6.2 Subject to the provisions and monetary limitations of Section 768.28, Florida Statutes, GRANTEE does hereby indemnify and hold harmless GRANTOR from and against any and all liabilities, damages, claims, costs or expenses whatsoever (including reasonable attorneys' fees and costs at both the trial and appellate levels) (collectively, "Claims") arising from GRANTEE's exercise of its fights under this Easement, except for any Claims arising due to the acts or omissions of GRANTOR. 7. Miscellaneous. This Easement shall be construed under the laws of the State of Florida. GRANTEE may, at GRANTEE's cost and expense, record this Easement and any amendments hereto in the Public Records of Miami-Dade County, Florida. This Easement may only be modified, supplemented or revised in writing signed by the parties, or their successors or assigns, and any modification shall be effective only upon recordation in the Public Records of Miami-Dade County, Florida. IN WITNESS WHEREOF, GRANTOR has caused these presents to be executed by its duly authorized officer or representative as of the day and year first above written. WITNESSES: GRANTOR: LASALLE U.S. REALTY INCOME & GROWTH FUND, INC., a Delaware corporation Name: ~-\~ l~-~+q~c,~ (l ~gphen g. Smith, Secce~ -3- CITY OF AVENTURA, a Horida municipal corporation By:. Eric M. Soroka, City Manager (MUNICIPAL SEAL) ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: By:. Teresa M. Soroka, CMC/AAE City Clerk City Attorney STATE OF ~ ) SS: COUNTY OF o. xZ~c~LC._ ) THIS IS TO CERTIFY, that on this~l'-~day of"~l~.t~,-~ , 1999, before me, an officer duly authorized to take acknowledgments in the State and Coufity aforesaidl personally appeared ~\-~L~.} 'X=-- ~'~"~'3LL=~..] , as ~t~-Lr~'~ of LASALLE U.S. REALTY INCOME & GROWTH FUND, INC., a Delaware corporation, on behalf of the corporation, who (check one) [t~ personally known to me or [ ] produced as identification. KIMBERLY UMMEL tary Public, State of Illinois ~ M, cor~r~,,,,;, ~'P~"' S,pt. 20,.~ NOTARY PUBI~ Print Name: My Commission Expires: STATE OF FLORIDA ) SS: COUNTY OF MIAMI-DADE) THIS IS TO CERT1FY, that on this __ day of , 1999, before me, an officer duly authorized to take acknowledgements in the State and County aforesaid, personally appeared ERIC M. SOROKA, CITY MANAGER, CITY OF AVENTURA, A FLORIDA MUNICIPAL CORPORATION, on behalf of the corporation, who (check one) [ ] is personally known to me or [ ] produced as identification. NOTARY PUBLIC Prim Name: My Commission Expires: EXHIBIT "A" Certain real property located in Miami-Dare County, Florida more particularly described as follows: A strip of land Ten (10') Feet in width running along the entire southerly boundary of Tracts C, D, and E, of BISCAYNE WATERWAYS FIRST ADDITION, according to the Plat thereof, as recorded in Plat Book 126, Page 18, of the Public Records of Miami-Dade County, Florida. 328001\20lasalle U.S. easement -6- THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Steven W. Zelkowitz, Esq. WEISS SEROTA HELFMAN PASTORIZA & GUEDES, P.A. 2665 South Bayshore Drive, Suite 420 Miami, FL 33133 (305) 854-0800 For Recording Purposes Only THIS EASEMENT (this "Easement") is made this [ ? .~a.y of ~e~tto~4 , 1999, by DIM-WATERWAYS LIMITED PARTNERSHIP, a Flonda limited partnerslflp, having an address at c/o Mural, Wald, Biondo & Moreno, P.A., 25 SE 2~ Avenue, Suite 900, Miami, Florida 33131, Attn: Gerald Biondo, Esq. (hereinafter referred to as the "GRANTOR"), to and in favor of the CITY OF AVENTURA, a Florida municipal corporation, having an address at 2999 N.E. 191 Street, Suite 500, Aventura, Florida 33180 (hereinafter referred to as the "GRANTEE"). RECITALS: GRANTOR owns fee simple tide to certain real property located in Miami-Dade County, Florida, as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Property"). GRANTOR has agreed to grant to GRANTEE an non-exclusive, perpetual easement for street lighting and landscaping purposes as well as ingress and egress in, over, under, and upon the Property for the purpose of installing, constructing, maintaining, repairing and replacing any street lighting and landscaping located on the Property, subject to the terms and conditions hereinafter set forth. NOW, THEREFORE, for and in consideration of the premises and the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto do hereby agree as follows: 1. Recitals. The parties acknowledge that the foregoing recitals are tree and correct and hereby incorporated into this Easement as if fully set forth herein. 2. Grunt of Easement. GRANTOR does hereby grant and convey to the GRANTEE and its licensees, agents independent contractors, successors and assigns, a non- exclusive, perpetual easement in, over, under, upon, across and through the Property for the purpose of GRANTEE, at its sole cost and expense, installing and maintaining street lighting (including, but not limited to, electrical wiring necessary thereto) and landscaping (including, but not limited to, all forms of plantings and vegetation, ground forms, walkways, lighting and irrigation) as well as ingress and egress in, over, under, upon, across and through the Property with full rights and authority to enter upon and excavate the Property in order to install, construct, reconstruct, replace, improve, remove, inspect, repair an~t maintain such work. The parties acknowledge that the initial work to the Property shall be installed and conslzucted substantially in accordance with the plans and specifications entided "N.E. 207~ Street Improvements" prepared by O'Leary Design Associates, P.A. dated August 1998, as amended (the "Plans and Specifications"). GRANTOR also authorizes the GRANTEE to remove existing improvements and landscaping on the Property in accordance with the Plans and Specifications. However, GRANTEE agrees that it will not remove or alter in any manner GRANTOR's signs that are currently located along N.E. 207~ Street and that the improvements placed by GRANTEE in accordance herewith shall be made in such a manner as to not diminish visibility of the signs. Subject to the restoration provisions set forth in Section 3 hereof, GRANTOR also grants GRANTEE a license to temporarily locate its equipment and materials on the property of GRANTOR immediately adjoining the Property as may be necessary to perform the foregoing, provided however, that GRANTEE shall not locate any heavy equipment or machinery on the Property. GRANTEE shall not interfere with the parking and/or access to the Property and/or the property of GRANTOR mediately adjoining the Property. 3. Improvements und Restoration. In the event GRANTEE exercises its fights as set forth in Section 2 hereof, GRANTEE shall, subject to the work described in Section 2, restore the Property and any improvements thereon to their prior existing condition at no cost or expense to GRANTOR unless such restoration is required due to the acts or omissions of GRANTOR. GRANTOR shall maintain the street lighting and landscaping it installs on the Property. GRANTEE shall use its best efforts to minimize any impacts to GRANTOR's ongoing activities on the Property in exercising its rights hereunder. GRANTOR and its successors and assigns, agrees not to build, construct or create, or permit others to build, construct or create any buildings, structures or other improvements on, over or under the Property that may interfere with the any improvements installed, constructed, operated and/or maintained by GRANTEE on, over or under the Property and/or adversely affect GRANTEE's rights hereunder. 4. Warrunties und Representations. GRANTOR does hereby covenant with the GRANTEE, that (a) it is lawfully seized and possessed of the Property; (b) all applicable corporate, partnership, trust or other required authorizations, approvals or consents have been obtained and no other authorizations, approvals or consents are required to effectuate GRANTOR's execution and delivery of this Easement; and (c) GRANTOR acknowledges that GRANTEE is materially relying on the representations as herein expressed. 5. Covenants Runnino_ with the Land This Easemem, and the rights and interests created herein shall nm with the land and shMl be binding upon and inuring to the benefit of the parties hereto and their respective successors and assigns. 6. Indemnification. 6.1 GRANTOR does hereby indemnify and hold GRANTEE harmless from any repair or replacements required to made to the improvements and work installed by GRANTEE pursuant to this Easement due to the acts or omissions of GRANTOR and its licensees, agents and independent contractors. 6.2 Subject to the provisions and monetary limitations of Section 768.28, Florida Statutes, GRANTEE does hereby indemnify and hold harmless GRANTOR from and against any and all liabilities, damages, claims, costs or expenses whatsoever (including reasonable attorneys' fees and costs at both the trial and appellate levels) (collectively, "Claims") arising from GRANTEE's exercise of its fights under this Easement, except for any Claims arising due to the acts or omissiom of GRANTOR. 7. Miscellaneous. This Easement shall be construed under the laws of the State of Florida. GRANTEE may, at GRANTEE's cost and expense, record this Easement and any amendments hereto in the Public Records of Miami-Dade County, Florida. This Easement may only be modified, supplemented or revised in writing signed by the parties, or their successors or assigns, and any modification shall be effective only upon recordation in the Public Records of Miami-Dade County, Florida. The easement rights granted herein are non-exclusive in nature and are subject to all matters of record. In the event of any conflict between the exercise by GRANTEE of its rights hereunder and the exercise by a third party of its rights pursuant to an easement affecting the Property recorded prior in time to this Easement, GRANTEE, without cost or expense to GRANTOR, shall resolve such conflict to the mutual satisfaction of GRANTOR, GRANTEE and such third party. [THE REST OF THIS PAGE LEFT INTENTIONALLY BLANK] 0.['18,99 FRI iT:tl FAX 3053589490 IN' WITNF~$ WE[F_A~OF. GP-,-~OR h~ caused r.~c pz~$ents to be executed by its duly a~thorized offic~z or representadw ~ of the day ~ year f'~m above wrFN~SSF_,S: GRA~/'OR: ) cotnv~ OF ~-o~J~t_,~ , ~--~[1~], betb~ me, ~ o~cer ~o~ ~ ~wl~n~ i~ ~e S~c a~ C~n~ aro~aid, WA'~RWAYS] L~D p~~, a ~o~da ~ed ~p, on ~lf of ~ {~r~oa ~ p~, who (~.k ~e) [~is ~s~ly ~own w ~ or [ ] ~ as ~entificafion. My Commission F. xpires:~ EXHIBIT "A" Certain real property located in Miami-Dade County, Florida more particularly described as follows: The South Ten (10') Feet of Tract F, THE WATERWAYS SECTION 2, according to the Plat thereof, as recorded in Plat Book 122, Page 87, of the Public Records of Miami-Dade County, Florida. Subject to existing easements, rights of way, restrictions and reservations of record, if any. 328001\dim-waterways easeme~ revised -5- THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Steven W. Zelkowitz, Esq. WEISS SEROTA ItELFMAN PASTORIZA & GUEDES, P.A. 2665 South Bayshore Drive, Suite 420 Mianfi, FL 33133 (305) 854-0800 For Recording Purposes Only EASEMENT THIS EASEMENT (this "Easement") is made this __ day of , 199_, by BOND-BALLY III DELAWARE BUSINESS TRUST, a Delaware business trust, having an address at P.O. Box 2901 Butterfield Road, Oak Brook, Illinois 60521 (hereinafter referred to as the "GRANTOR"), to and in favor of the CITY OF AVENTURA, a Florida municipal corporation, having an address at 2999 N.E. 191 Street, Suite 500, Aventura, Florida '33180 (hereinafter referred to as the "GRANTEE"). RECITALS: GRANTOR owns fee simple title to certain real property located in Miami-Dade County, Florida, as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Property"). GRANTOR has agreed to grant to GRANTEE an non-exclusive, perpetual easement for utility and landscaping purposes as well as ingress and egress in, over, under, and upon the Property for the purpose of installing, constructing, maintaining, repairing and replacing any utilities and landscaping located on the Property, subject to the terms and conditions hereinafter set forth. NOW, TItEREFORE, for and in consideration of the premises and the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto do hereby agree as follows: 1. Recitals. The parties acknowledge that the foregoing recitals are true and correct and hereby incorporated into this Easement as if ,fully set forth herein. 2. Grant of Easement. GRANTOR does hereby grant and convey to the GRANTEE and its licensees, agents independent contractors, successors and assigns, a non- exclusive, perpetual easement in, over, under, upon, across and through the Property for the purpose of installing and maintaining utilities and landscaping (including, but not limited to, water lines, sewer lines, stormwater drainage facilities and all appurtenances of the foregoing, all forms of plantings and vegetation, ground forms, rock groupings, walkways, lighting and irrigation) as well as ingress and egress in, over, under, upon, across and through the Property with full rights and authority to enter upon and excavate the Property in order to install, construct, reconstruct, replace, improve, remove, inspect, repair and maintain such work. The parties acknowledge that the initial work to the Property shall be installed and constructed substantially in accordance with the plans and specifications entitled "N.E. 207~ Street Improvements" prepared by O'Leary Design Associates, P.A. dated August 1998, as amended (the "Plans and Specifications"). GRANTOR also authorizes the GRANTEE to remove existing improvements and landscaping on the Property in accordance with the Plans and Specifications. Subject to the restoration provisions set forth in Section 3 hereof, GRANTOR also grants GRANTEE a license to temporarily locate its equipment and materials on the property of GRANTOR immediately adjoining the Property as may be necessary to perform the foregoing. 3. Improvements and Restoration. In the event GRANTEE exercises its rights as set forth in Section 2 hereof, GRANTEE shall, subject to the work described in Section 2, restore the Property and any improvements thereon to their prior existing condition at no cost or expense to GRANTOR unless such restoration is required due to the acts or omissions of GRANTOR. GRANTEE shall use its best efforts to minimize any impacts to GRANTOR's ongoing activities on the Property in exercising its rights hereunder. GRANTOR and its successors and assigns, agrees not to build, construct or create, or permit others to build, construct or create any buildings, structures or other improvements on, over or under the Property that may interfere with the any improvements installed, constructed, operated and/or maintained by GRANTEE on, over or under the Property and/or adversely affect GRANTEE's rights hereunder. 4. Warranties and Repre~entatious. GRANTOR does hereby covenant with the GRANTEE, that (a) it is lawfully seized and possessed of the Property; (b) it has goad and lawful right to enter into this Easement and convey said easement; and (c) all applicable corporate, parmership, trust or other required authorizations, approvals or consents have been obtained and no other authorizations, approvals or consents are required to effectuate GRANTOR's execution and delivery of this Easement. GRANTOR acknowledges that GRANTEE is materially relying on the representations as herein expressed. 5. Covenants Running with the Land. This Easemem, and the rights and interests created herein shall run with the land and shall be binding upon and inuring to the benefit of the parties hereto and their respective successors and assigns. 6. Indemnification. GRANTOR does hereby indemnify and hold GRANTEE harmless from any repair or replacements required to made to the improvements and work installed by GRANTEE pursuant to this Easement due to the acts or omissions of GRANTOR and its licensees, agents and independent contractors. 7. Miscellaneous. This Easemem shall be construed under the laws of the State of Florida. GRANTEE may, at GRANTEE's cost and expense, record this Easemem and any amendments hereto in the Public Records of Miami-Dade County, Florida. This Easement may only be modified, supplemented or revised in writing signed by the parties, or their successors or assigns, and any modification shall be effective only upon recordation in the Public Records of Minmi-Dade County, Florida. IN WITNESS W}W. REOF, GRANTOR hag caused these presents to be executed by its duly authorized officer or representative as of the day and year first above written. WITNESSES: GRANTOR: BOND-BALLY III DELAWARE BUSINESS TRUST, a Delaware business trust By: WII,MINGTON TRUST COMPANY, not in its individual capacity but solely as Trustee, it's Trustee STATE OF ~[]~L~WARI~, ) SS: COUNTY OF ~ CASTLE ) TFffq IS TO CERTIFY, that on this //;/r/day of d~O.~,.~._, 199 , before me, an officer duly authorized to take acknowledgments in the State ~ty afo~'esaid, .personally BOND-BALLY III DELAWARE BUSINESS TRUST; a Delaware business trust, on behalf of the wrI,¥HNGTON TRUST COMPANY, who (check one) [,~]' is personally known to me or [ ] produced as identification. NpT AR'/PI)BLIC /~ 8IJS,N~INE 11. Print Name: NOTARY lIN IRI I~ My Commission Expires: EXHIBIT "A" Certain real property located in Miami-Dade County, Florida more particularly described as follows: The South Ten (10') feet of Tract E, THE WATERWAYS SECTION 2, according to the Plat thereof, as recorded in Plat Book 122, Page 187, of the Public Records of Miami-Dade County, Florida. 328001\bond-bally Ill easement -5- JOINDER~ CONSENT AND SUBORDINATION The undersigned hereby certifies that BOSTONIA AMERICAN LENDING GROUP-l, INC., a Massachusetts corporation is the holder of a mortgage, lien or other encumbrance upon the above-described property, and that the undersigned hereby joins in and coments to the foregoing imtrument by the owner thereof and agrees that its mortgage, lien or other encumbrance, which is recorded in Official Records Book 17718, Page 4893 and re-recorded in Official Records Book 17780, Page 636 in the original sum of $4,314,170.00, of the Public Records of Dade County, Florida, shall be subordinated to the foregoing instrument. Signed, sealed and delivered in the presence off BOSTONI~ ,AMERICA I,ENDING GROUP-i, INC., a Massachusetts corporation Print Name: Print Name: By: Print Name: Its: (CORPORATE SEAL) STATE OF ) SS: COUNTY OF ) THIS IS TO CERTIFY, that on this day of ,199_, before me, an officer duly authorized to take acknowledgements in the State and County aforesaid, personally appeared , as of BOSTONIA AMERICAN LENDING GROUP-l, INC., a Massachusetts corporation, who [ ] is personally known to me or [ ] has produced as identification. NOTARY PUBLIC Prim Name: My Commission Expires: -1- TItL~ IN'STR~ PREPARED BY AND SHOULD BE RETURNED TO: 5icven W. Zelkowitz, Esq. WEI~ SEROTA HELFMAN PASTORIZA & ~DE5~ P.A. 266~ Sou~ Bay~ore D~ve, $~ 420 Mi~, ~ 33133 (30~ 854~800 For R~cordtng Purpos~ Onl.v _EASEMENT Tl-n'$ EA,.~MENT (this 'Easement') i~ .~ made this day o/~ ~,O~ . ~999 by AIMCO PROPERTIES, L,P., a Delawar~ l/rotted partnership, ha~ing an address at c/t} Apartment Invesunent and Management Company, 1873 S. Bellake Street, Denver. Colorado 802224348 (hereinafter referred to as the "GRANTOR"), to and in favor of the CITY OF AVI~NTURA, a Florida mnnicipal corporation, having an address at 2999 N.E. 191 Street. Suite 5t30, Aventura, · Florida 33180 (hereimf~r referred to as the "GRANTEE"). RECITALS 1. GRANTOR owns fee simple title to certain real property located in Co..~ Florida, ~ mc, re partluuiarly descri0ecl la Exhibit 'A" "-- " attached hereto and by th2s reference made a part hereof (the "Property"). 2. GRANTOR has agreed to grant to GRANTEE an mn.exclusive, perpetual easement for street lighting and lanc~caping purposes as well as ingress and egreas in, over, under, and upon the Property for the purpose of installing, comtructing, maintaining, repairing and replacing any street lighting and lan~_ raping located on the Property. subject to the terms and conditions hereinafter set forth. NOW, THEREFORE. for and in consideration of the premises and the sum of TEN AND NO/100 DOLLARS ($I0.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto do hereb7 agree as tbtlows: 1. Recitals. The parties acknowledge that the tbregoing recitals are true and correct and hereby incorporated into this Easement as if fully set forth herein. 2. Gram 0fEa~em~nt. GRANTOR does hereby grant and convey to the GRANTEE and its licensees, agents indepeede~t contractors, successors and assigns, a non-exclusive, perpetual easemeu~ in, over, under, upon, across ~d through the Property for the purpose of i~stalling and maintaining street lighting (including elec~icsl wirh~g n~essary thereto) and landscaping (~lcluding plantings and vegetation, ground forms, walkways, lighting and irrigation) az well as ingress and egress ia, over, under, upon. across and through the Property with full rights and authority to enter uporl and excavate the Property in order to install, construct, recortsumct, replace, improve, remove, impect, repair and maintain such work. The parties acknowledge that the initial work to the Property shall be installed and constructed subs~anti, aily in accordance with the plans and specifications entitled "N.E. 207~ Street Irtkorovements' prepared by O'Leary Design Associates, P.A. dated August 1998, as arr~ended. lmproYerllellt$ and Restoration. In the event GRANTEE exercises its rights az set forth in $~ction 2 hereof, GRANTEE shall, subject to the work described in Section 2, restore the Property and any improvements thereon to tt~ir prior existing condition at no cost or expense to GRANTOR unless such restoration ia required due to the acts or omissions of GRANTOR. GRANTEE shall use its best efforts to minimize any impacts to GRANTOR's ongoing activities on the Property in exercising its rights hereunder. GRANTOR and its successors and assigns. _agrees not to build, construct or create, or permit others tn build, construct or creat~ any buildings, structures or other ~provements on, over or under the Property that may interfere with the any improvements installed, eonsllmcted, operated and/or maintained by GRANTEE on, over or un~r the Property and/or adversely affect GRANTEE's rights hereunder, 4. Warranties and Representations. GRANTOR does hereby covenant with the GRANTEE, thai (a) it is lawfully seized and possessed of the Property; Co) it has good and lawiS.d right to enter into this Easement and convey said emement; and (c) all applicable corporate, partnership, trust or other required authorizatiom, approvals or consents have been obtained and no other authorizations, approvals or consents are required to effectuate GRANTOR'$ execution and delivery of this Easement. GRANTOR acknowledges ttmt GRANTEE is materially relying on the representations az her~in expressed. 5. CoveoEnt~ Rip.inE with the Land, This Easement, and the rights and interests created herein ~hall run with the land and shall be binding upon and inuring to the benefit of the parties hereto and their respective su~ors and assigns. 6. llid~mntfirattion. Subject to the provisions and monetary limitations of Section 768.28, Florid~Statutes, GRANTEE does hereby indemnifY and hold harmless GRANTOR from and against any and all liabilities, damages, claims, costs or expenses whatsoever (including reasonable attorneys' fees and costs at both the trial and appellate levels) (collectively, "Claims") arising from GRANTEE's exercise of its rights under this Easement, except for :my Claims ~ri$ing due to the acts or omissions of GRANTOR. 7. Miscellaneous. This Easement shall be construed raider the laws of the State of Florida. GRANTEE may, at GRANTEE's cost and expense, record this Easement and any E~:S~ ~6, 8~ ~d~ £O/EOd 9SS 30~ ~308/03WI~ ameudmeuta hereto in the Public Records of' Miami-Dude County, Florida. This Easement may only be modified, supplemented or revised in writing signed by the parties, or their succassors or assign,s, and any modification shall be effectNe only upon recordation ia the Public Record~ of Miami-Dade County, Florida. IN WITNESS WltX~OF, GRANTOR ha~ caused the~e presents to be executed by its duly authorized officer or representative as of the day and, year first above written. WITNESSES: GRANTOR: AIMCO PROPERTIES, L.P., a Delaware limited partnership By: AIMCO-GP, INC., a Delaware  corpoi-a~ion, its sole General Partner _k ___. Name:~ Name:' b~E~J {,} * T~e: ~~ ~ STATE OF ~L0~:IDDr ) SS: COUNTY OF _~E't~ r,~LE ) TWig IS TO CERTI~, that on this ~.~O~day of fl/}Pno. E/4 ,, , 1999, before me. an officer duly authorized to take acknowledgments in the Stat~ and County aforesaid, perso.~lly appeared ~'I'~EN 'l). Z-I~ac , as ~'X~P_0TMe P~e.~t~r~'of ADICO- GP, INC., a Delaware corporation, as sole General Parmer of AIMCO PROPERTIES, L.P., a Delaware Umlted partnership, on behalf of the corporation and parmership, who (check oae) ts persoually known to me ] has produced as identificat~ono i~OT'ARY~I~BLIC Print Name: -3- £~:S~ 66, 8C CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission _~_ Eric M. Soroka, Cit/~, August 16, 1999 ~' Resolution Establishin and Expenses cedures for Commission Travel September 7, 1999 City Commission Meeting Agenda Item ~?~ k! BACKGROUND Attached hereto is a Resolution establishing procedures for Commission Travel and Expenses. The Resolution includes the items approved by the subcommittee and reported at the August Commission Meeting. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0791-99 RESOLUTION NO. 99-.__ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ESTABLISHING PROCEDURES FOR COMMISSION TRAVEL AND EXPENSES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. The following procedures for City Commission travel expenses associated with the attendance of conferences and seminars is hereby established as follows: 1. The Mayor and each City Commissioner shall be allotted the sum of Three Thousand Dollars ($3,000) per fiscal year beginning October 1, 1999 to cover travel, hotel, registration and related expenses for attendance at conferences, seminars and municipal league meetings. 2. Funds not utilized in the current fiscal year shall not be carried over to the next fiscal year. 3. At the conclusion of the conference or seminar, each City Commissioner in attendance shall provide a report to the entire City Commission relative to the conference or seminar. 4. Travel expense reimbursements shall comply with Chapter 6.3.1 of the City Manager's Administrative Policy Directives and Procedures Manual, a copy of which is attached hereto. The City Manager is hereby directed to implement said policy as it relates to this Resolution. Section 2. Conflict. All Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 3. Severability. If any clause, section, or other part or application of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered as eliminated and so not affecting the validity of Resolution No. 99-__ Page 2 the remaining portions or applications of this Resolution, with such ineffective provisions or applications remaining in full force and effect. Section 4. Effective Date. That this Resolution shall become effective immediately upon its adoption. 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 7'h day of September, 1999. ATTEST: ARTHURI. SYNDER, MAYOR TERESA M. SOROKA, CMC/AAE, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 2 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, Cit TO: City Commission DATE: August 25, 1999 SUBJECT: Ordinance Restricting Activities by City Lobbyists 1S1 Reading September 7,1999 City Commission Meeting Agenda Item 1 C. 2nd Reading October 5, 1999 City Commission Meeting Agenda Item Attached hereto, is the subject Ordinance as discussed at the August Workshop Meeting. EMS/aca Attachment CC0794-99 ----. ORDINANCE NO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE OF ORDINANCES BY CREATING SECTION 2-380 "RESTRICTION ON ACTIVITIES BY CITY LOBBYIST" OF ARTICLE VI "LOBBYING ACTIVITIES" OF CHAPTER 2 "ADMINISTRATION;" PROHIBITING ANY PERSON RETAINED BY THE CITY TO SERVE AS A LOBBYIST FROM LOBBYING THE CITY DURING THE TERM OF SERVICE AND FOR A PERIOD OF ONE YEAR AFTER COMPLETION OF SERVICE; PROVIDING PENALTY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. NOW, THEREOF, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Restriction Adopted. Section 2-380 "Restriction On Activities by City Lobbyist" of Article VI "Lobbying Activities" of Chapter 2 "Administration" of the City Code is hereby created to read as follows: ARTICLE VI. Lobbying Activities. Section 2-380. Restriction On Activities by City Lobbyist. No person who is retained to serve as a lobbyist for the City, pursuant to a contract between such person and the City, shall, during the term of the contract and for a one year period after the termination thereof, lobby the City Commission or any City board, upon any matter, on behalf of any other person or entity, unless first authorized by resolution of the City Commission. This ordinance shall only restrict and prohibit lobbying activities engaged in after the effective date hereof. The term "lobby" includes any attempt to influence governmental decision-making of the City Commission or any City boards. Ordinance No. 99-__ Page 2 Section 2. Penalty. Upon finding a violation of this ordinance the City Commission may prohibit the violator from lobbying the City for a term of up to two years. Additionally, any person who violates any provision of this Ordinance shall, upon being found in violation, be subject to a civil penalty of $500.00. Each day that a violation continues shall be deemed a separate violation. This Ordinance shall be subject to enforcement under the Local Government Code Enforcement Act, Chapter 162, F.S., as amended. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction. Section 3. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or reletterad to accomplish such intention; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 4. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. 2 Ordinance No. 99-._ Page 3 The foregoing Ordinance was offered by Commissioner moved its adoption on first reading. 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 The foregoing Ordinance was offered by Commissioner moved its adoption on second reading. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner 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 on first reading this 7th day of September, 1999. PASSED AND ADOPTED on second reading this 5th day of October, 1999. Al-rEST: ARTHURI. SNYDER, MAYOR TERESA M. SOROKA, CMC/AAE CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY Al'TORN EY RESOLUTION NO. 99-._. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENTS OF BARBARA BRIGHTON AND PATRIClA CROOK TO THE CITY OF AVENTURA RECREATION AND CULTURAL ARTS ADVISORY BOARD IN ORDER TO FILL VACANCIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 96-10, as amended by Ordinance 96-23, the City Commission of the City of Aventura provided for the creation of the Recreation and Cultural Arts Advisory Board; and WHEREAS, in accordance with the provisions of Section 3.11 of the City Charter of the City of Aventura, the City Commission wishes to provide for approval of the Mayor's appointment of members to the Recreation and Cultural Arts Advisory Board; and WHEREAS, there presently exists two vacancies in the seven-member Board due to the resignations of Mindy Bloom and Elaine Baxter; and WHEREAS, this Commission wishes to promptly fill those vacancies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission hereby approves the appointments by the Mayor of Barbara Brighton and Patricia Crook to serve as a members of the Recreation and Cultural Arts Advisory Board to fill the vacancies created by the resignations of Mindy Bloom and Elaine Baxter. Resolution No. 99-__ Page 2 Section2. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Vice Mayor Patdcia Rogers-Libert Mayor Arthur I. Snyder PASSED AND ADOPTED this 7th day of September, 1999. ATTEST: ARTHURI. SNYDER, MAYOR TERESAM. SOROKA, OMc/AAE CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITM ATTORNEY /tins CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: elopment Direct~ BY: DATE: August 13, 1999 SUBJECT: Petition of Consul-Tech Engineering, Inc. for Final Plat approval of Williams Island Sixth Amended (02-SUB-99) September 7,1999 City Commission Meeting Agenda Item 7 c: RECOMMENDATION It is recommended that the City Commission approve the Williams Island Sixth Amended Final Plat. THE REQUEST The applicant, Consul-Tech Engineering, Inc, is requesting Final Plat approval of the subject property with the intent of constructing 65 apartment type dwelling units. (Letter of Intent is attached as Exhibit #1) BACKGROUND OWNER OF PROPERTY Williams Island Associates, Ltd. and WI Development, Inc. NAME OF APPLICANT Consul-Tech Engineering, Inc. LEGAL DESCRIPTION A Portion of Tract "C", Williams Island Amended, according to the plat thereof, as LOCATION OF PROPERTY SIZE OF PROPERTY recorded in Plat Book 126, Page 4 of the Public Records of Dade County The east-central portion of the Williams Island Development immediately north of the Mediterranean Village residential complex. (See Exhibit #2 for location map) Approximately 1.58 acres DESCRIPTION/BACKGROUND The site is currently platted as Tract "C" of Williams Island Amended, Plat Book 126 B126-49. The applicant is requesting a replat to create a new Tract "O", containing approximately 1.55 acres of land. The replatting is intended to allow a proposed 65-unit residential structure on the site. ANALYSIS Site Plan - No site plan exists. The site now contains the ship's store and dock- master's office in two temporary modular units. Zoning - The zoning of the site is RMF4, Multi-Family High Density Residential District. The platting of the tract is consistent with its zoning. Future Land Use designation - The Future Land Use designation for the property is Medium-High Density Residential, allowing up to 60 dwelling units per acre. The platting of the tract is consistent with this designation. Access - The new Tract "O" fronts onto Williams Island Boulevard (a private vehicular easement), which provides access to the site. Utility access to the site is via a utility easement within Williams Island Boulevard and separate 10-foot water and 12-foot gas utility easements. Continuity of all easements is provided through dedications previously filed in the Public Records of Miami-Dade County. Final Plat Requirements - Staff has reviewed the plat and finds it to be in compliance with each of the requirements of subsection 508.6.2 of the City's Land development Regulations and Chapter 177, Florida Statutes. 2 CONS u L-TECH ENGINEERING, INC. · Consulting Engineers · Land Planners · Land Surveyors · TranspoKtation Engineers · Environmental Engineers · Cons~raction Managers · GPS & GIS Consultants · Forensic Engineers · Aviation Consultants RESPOND TO: Corporate/Miramar Office 3141 Commerce Parkway Miramar, Florida 33025 (954) 4384300 FAX (954) 438-1433 E-mail: corp@consul-t.com Other Offices Bonita Sprin~ (941) 947-0266 FAX (941) 947-1323 E-mail: bonita@consul-t.com Ft. Pierce (561) 467-9085 Fax (561) 467-9350 E-mail: pierce @consul-t.¢om Jacksonville (904) 276-3100 FAX (904) 276-3102 E-mail: jackson@consul-t.com Miami (305) 599-3141 FAX (305) 599-3143 E-mail: mia@consul~t.com Orlando (407) 843-0094 FAX (407) 423-0085 E-mail: orl@consul-t.com Palm Beach (561) 540-5092 FAX (561) 540-5095 E-mail: wpalm@consul-t.com July 12, 1999 Ms. Brenda Kelley, Director City of Aventura Community Development Department 2999 N.E. 191 Street, Suite 500 Aventura, FL 33180 RECEIVED Jo L I 2 99g COMMU~NI*rY DEVELOPMENT RE: Letter of Intent/Final Plat/Williams Island 6th Amended CTE Project No. 870920.1 Dear Ms. Kelley: Enclosed is an application for Final Plat approval for Williams Island Sixth Amended. This is a replat of a portion of Tract "C" to create tract "O", 1.555 acres of land. Tentative Plat approval has been granted by Miami-Dade County (see attached T-Plat) on July 2nd, 1999. It is our intention to finalize this plat with the City of Aventura. The development of 65 residential units is proposed for this new tract. Please confirm this item will be heard before your City Council on August 3rd as discussed. If there is any item of which you may have concerns or questions please do not hesitate to contact our office. Thank you in advance for your time and attention to this matter. Sincerely, ~anner/Project Manager C: Robert Finvarb, Williams Island EXHIBIT #1 02-8UB-99 LEGEND --02-SUB-99 EXHIBIT EXHIBIT #2 RESOLU~ON NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING THE WILLIAMS ISLAND SIXTH AMENDED FINAL PLAT SECTION 10, TOWNSHIP 52 SOUTH, RANGE 42 EAST CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR RECORDATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, ConsuI-Tech Engineering Inc., by and through Application No. 02- SUB-99, has requested Final Plat approval for Williams Island Sixth Amended, Section 10, Township 52 South, Range 42 East City of Aventura, Miami-Dade County, Florida, the Final Plat being incorporated herein by reference and made a pad of this Resolution as Exhibit #1; and WHEREAS, the City Commission heard, reviewed and duly considered the reports, findings and recommendations of the City Administration, and finds that Final Plat approval is in the best interests of the citizens of the City of Aventura. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section. 1. The final plat for Williams Island Sixth Amended, Section 10, Township 52S, Range 42E, of the Public Records of Miami-Dade County, Florida as more particularly described as: Resolution No. Page 2 A REPLAT OF A PORTION OF TRACT "C" OF WILLIAMS ISLAND THIRD AMENDED AS RECORDED IN PLAT BOOK 126, PAGE 49 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, SAID LANDS LYING IN SECTION 10, TOWNSHIP 52 SOUTH, RANGE 42 EAST, CITY OF AVENTURA, DADE COUNTY, FLORIDA is hereby granted exclusively to the Applicant. Section 2. The City Manager and City Clerk are hereby authorized to sign the face of the Plat. Section 3. This Resolution shall be recorded in the Public Records of Miami- Dade County, Florida, with the petitioner to pay the costs thereof. Section4. 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 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 7th day of September, 1999. ATTEST: Teresa M. Soroka, CMC/AAE, City Clerk Adhur I. Snyder, Mayor Resolution No. Page 3 APPROVED AS TO LEGAL SUFFICIENCY: CITY A'I-rORNEY This Resolution was filed in the Office of the City Clerk this day of ,1999. CITY CLERK CITY OF AVENTURA OFFICE OFTHECITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission September 1, 1'999 Ordinance Authorizing User Fees to be Established by City Administration Ist Reading September 7, 1999 City Commission Meeting Agenda Item 2nd Reading October 5, 1999 City Commission Meeting Agenda Item __ RECOMMENDATION It is recommended that the City Commission adopt the attached Ordinance authorizing user fees for Parks and Recreation to be established by the City Administration. BACKGROUND The City Charter allows the City Commission to establish user fees for services by Ordinance or grant administrative authority to set such changes. In the case of user fees for cultural activities, recreation programs and athletic activities, it would be difficult and time consuming to adopt such fees by Ordinance. Many times, opportunities arise on a short notice, which allow the City's Community Services Department to provide a new recreation program or cultural event to address the needs of the residents. For many of these programs, the costs are offset by fees charged to the user rather than the whole community subsidizing such programs from general fund sources. A copy of the proposed fee schedule for general programs is attached. The Ordinance provides that the City Commission be provided a copy of the schedule on an annual basis. In addition, the institution of new fees for major recreational programming events are reviewed with the Cultural Arts Recreation Advisory Board. Memo to City Commission Page 2 In summary, the Ordinance will allow the needed flexibility to provide recreational programming to our residents. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0796-99 i CITY OF AVENTURA lo : ADMINISTRATIVE POLICY DIRECTIVES Chapter#Sub Page AND PROCEDURES MANUAL Date September Issued: 1, 1999 CHAPTER: PARKS AND RECREATION APPROVED: City Manager SUBJECT: FEES AND CHARGES POLICIES FOR CULTURAL, RECREATION, AND ATHLETIC PROGRAMS, LEAGUES, AND ACTIVITIES. PURPOSE To establish user fees and charges for cultural, recreation, and athletic programs, leagues, and activities for residents and non-residents. POLICY&PROCEDURES A. Recreation and Cultural Programming: Actual cost of entertainment for residents. Non-residents pay for all program costs. Athletics: 1. Adult Softball: Team registration: $450 for teams with 100% residents. $500 all others. 2. Adult Softball Individual registration: $60 for residents; $70 all others. 3. Youth Sports: $75 residents, $85 for all others on a space available basis only. Tennis: Resident Fees. 1. Private Lessons: $40 per hour. 2. Semi-Private Lessons: $50 per hour, 3. Clinics: $15 per hour per person. 4. All tennis fees carry a surcharge of 15% for non-residents. Resident Priority: 1. There will be a resident registration period first for all programs before non-residents may register on a space available basis. 2. No Aventura resident will be denied entry in to any recreational program because of financial reasons. ORDINANCE NO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 33 "PARKS AND RECREATION" BY CREATING SECTION 33-2 "PARKS AND RECREATION USER FEES"; AUTHORIZING USER FEES TO BE PROVIDED FOR PARKS AND RECREATION FACILITIES, LEAGUES, ACTIVITIES AND PROGRAMS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AS FOLLOWS: Section 1. That the City Code is hereby amended by amending Chapter 33 "Parks and Recreation" by creating Section 33-2 "User Fees for Parks and Recreation" to read as follows: Section 33-2. User Fees for Parks and Recreation. (a) Unless otherwise specified by this Chapter or provided for by the annual City budget, user fees for City parks and recreation facilities, leagues, activities and programs shall be provided by the City Manager by administrative directive. (b) A schedule of all applicable user fees for the City parks and recreation facilities, activities and programs shall be maintained on file in the office of the City Clerk. The City Manager shall provide a copy of the proposed fees to the City Commission on an annual basis. Section 2. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Resolution No. 99-._. Page 2 Section 3. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. 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. Pedow Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder The foregoing Ordinance was offered by Commissioner ., who moved its adoption on second reading. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder Resolution No. 99-__ Page 3 PASSED AND ADOPTED on first reading this 7th day of September, 1999 PASSED AND ADOPTED on second reading this 5th day of October, 1999. A'i-I'EST: ARTHURI. SNYDER, MAYOR TERESA M. SOROKA, CMC/AAE CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITYA'I-rORNEY CITY OF A VENTURA FINANCE SUPPORT SERVICES DEPARTMENT MEMORANDUM FROM: Eric M. Soroka, Ci ~ BY: Harry M. Kilgore, Finance Support Services Director TO: City Commission DATE: September 1, 1999 SUBJECT: Resolution Retaining Rachlin Cohen & Holtz to Perform Independent Audit Services for the Fiscal Year Ended September 30,1999 September 7, 1999 Commission Meeting Agenda Item 1 G, Recommendation It is recommended that the City Commission approve the resolution to retain the firm of Rachlin Cohen and Holtz for the independent audit of the City for the fiscal year ended September 30, 1999. Background In June through August 1996, the City followed the procedures contained in state law for the selection of a CPA firm to perform required independent yearly audits of the City's records and financial statements. The RFP provided for the firm to be retained for the fiscal year ended September 30,1996 and up to four (4) subsequent fiscal years. Pursuant to state law, the City Commission selected the firm of Rachlin Cohen & Holtz (RCH) based on the selection process. RCH performed the audits for the fiscal years ended September 30, 1996, 1997 and 1998 for which they were paid $5,000, $15,000 and 20,000 respectively. RCH has proposed to perform the audit for the 1998/99 fiscal year at a fee of $22,500 to $25,000. I believe that the fee proposed for the 1998/99 audit is fair to both the City and RCH based on the complexity of the audit, the number of funds, type of revenue sources, etc. The possibility of incurring additional fees because we would be required to have a Single Audit pursuant to the second to last paragraph of the engagement letter is remote. A Single Audit is only required for a fiscal year where you actually receive more than $300,000 in federal and state grants. The Safe Neighborhood Parks Grant is not a federal or state grant and requires a special compliance review but not a Single Audit. The above fee includes that special review. Although we have several grants in process, the total amount received from federal and state grants during the fiscal year ended September 30, 1999 will not exceed the $300,000 threshold. Page (2) Memo to City Commission Resolution Retaining Rachlin Cohen & Holtz RCH has performed the independent audit of the City for the past three years. As I have stated earlier, their work meets recognized auditing standards and is acceptable to me. Based on the proposed fee and acceptability of their work, I recommend we retain RCH for the 1998/99 fiscal year audit. HMK/mn FSS397-99 RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CiTY OF AVENTURA, FLORIDA, RETAINING THE FIRM OF RACHLIN COHEN & HOL'FZ TO PERFORM INDEPENDENT AUDITING SERVICES FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1999; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED ENGAGEMENT LETTER; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, in 1996, the City of Aventura followed procedures contained in state law to select a firm to perform independent auditing services, and; WHEREAS, at the conclusion of that process the firm of Rachlin Cohen & Holtz was selected to perform independent auditing services for the City of Aventura for a period of up to five years and has performed said services for the fiscal years ended September 30, 1996, 1997 and 1998, and; WHEREAS, Rachlin Cohen & Holtz has proposed to continue to provide said services for the fiscal year ended September 30, 1999, and; WHEREAS, City staff has reviewed the proposed engagement letter and associated fees and recommends approval of same. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1: The firm of Rachlin Cohen & Holtz is hereby retained to perform independent auditing services for the City of Aventura for the fiscal year ending September 30, 1999. Section 2: The City Manager of the City of Aventura, Florida, is hereby authorized to execute the Engagement Letter, attached hereto as Exhibit 'W' for auditing services by and between the City and Rachlin Cohen & Hottz. Resolution No. Page 2 Section 3: This resolution shall become effective immediately upon its adoption. The foregoing resolution was offered by Commissioner moved its' adoption. The motion was seconded by Commissioner upon being put to a vote, the vote was as follows: who and 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 7th day of September, 1999. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M, SOROKA, CMC/AAE CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EXHIBIT "A" Rachlin Cohen & Holtz LLP Cert2fied Public Accnu2tants & Consultants August 13, 1999 Mr. Eric Soroka, City Manager City of Aventura 2999 N.E. 19Pt Street Aventura, Florida 33180 Dear Mr. Soroka: We are pleased to confirm our understanding of the services we are to provide the City of Aventura, Florida (the City). We will audit the general purpose financial statements of the City as of and for the fiscal year ended September 30, 1999. The objective of our audit is the expression of an opinion as to whether your general purpose financial statements arc fairly presented, in all material respects, in conformity with generally accepted accounting principles and. Our audit will be conductcd in accordance with generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of the City and other procedures we consider necessary to enable us to express such an opinion. If our opinion on the general purpose financial statements is other than unqualified, we will fully discuss the reasons with you ~n advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed an opinion, we may decline to express an opinion or to issue a report as a result of this engagement. We will also provide reports (that do not include opinions) on internal control related to the financial statements and compliance with laws, regulations, and the provisions or grant agreements, noncompliance with, which could have a material effect on the financial statements as required by Government Auditing Standards. Management is responsible for establishing and maintaining internal control and for compliance with laws, regulations, contracts, and agreements. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of the controls. The objectives of internal control are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management's authorizations and recorded properly to permit thc preparation of general purpose financial statements in accordance with generally accepted accounting principles. Managemcnt is responsible for making all financial records and related information available to us We understand that you will provide us with such information required for our audit and that you arc responsible for the accuracy and completeness of that information We will advise you about appropriatc accounting principles and their application and will assist in the preparation of your financial statements, but the responsibility for the financial statements remains with you. That responsibility includes the establishment and maintenance of adequate records and effective internal control over financial reporting, thc selection and application of accounting principles, m ~d the safeguarding of assets. One Southeast Third Avenue, Tenth Floor, Miami, Florida 33131 , %1 305 377 4228 · Fax 305-377-8331 700 Southeast Third Avenue, Tt'drd Floor, Ft kauderdale, Fbrida 33316 · Tel 934 525 1040 ° Fax 9'54- ~25-2004 470 Columbia Drive, Suite D 201, West Palm Beach, Florida 33400 · Tel 561 6864)200 ° Fax 561-686-0248 Mr. Eric Soroka, City Manager August 13, 1999 Page 2 An audit includes examinmg, on a test basis, evidence supporting the amounts and disclosurcs in the financial statements; therefore, our audit will involve judgment about thc number of transactions to bc examined and the areas to be tested. We will plan and perform thc audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether caused by error or fraud. Because of the concept of reasonable assurance and because we will not perform a detailed examination of all transactions, there is a risk that a material misstatement may exist and not be detected by us. In addition, an audit is not designed to dctect errors, fraud, or other illegal acts that are immaterial to the general purpose financial statements. However, we will inform you of any material errors and any fraud that comes to our attention. We will also inform you of any other illegal acts that come to our attcntion, unless clearly inconsequential. Our rcsponsibility as auditors is limited to the pcriod covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. Our procedures will include tcsts of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existencc of invcntorics, and direct confim~ation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written reprcscntations from your attorneys as part of thc engagement, and they may bill you for responding to this inquiw At the conclusion of our andit, we will also require certain written representations from you about the financial statements and related matters. Identifying and ensuring that the City complies witb laws, regulations, contracts, and agrccmcnts is thc responsibility of management. As part of obtaining reasonable assurance about whether thc general purpose financial statements are free of material misstatement, we will perform tests of the City's compliance with applicable laws and regulations and the provisions of contracts and agrcemcnts. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion. Because many computerized systems use only two digits to record the year in date fields (for example, the year 1998 is recorded as 98), such systems may not be able to process datcs accurately in the year 2000 and after. The effects of this problem will vm_w from system to system and may adversely affcct an entity's operations as well as its ability to prepare financial statements. An audit of financial statemants conducted in accordance with generally accepted auditing standards is not designed to detect whether an entity's computerized hardware, sofl. ware, equipment containing, or affected by embedded computer chips, or other systems will be able to accurately process dates containing "9's" in the fields, containing four digits, pertaining to the year 2000 and bcyond or to recognize February 29, 2000 as a leap year day, (collectively, "Year 2000 Compliant"). Further, we have no responsibility with regard to the City's efforts to diagnose, test or make its information systems, or any other systems, Year 2000 Compliant or provide assurance on whether the City has addressed or will be able to address all of thc Mr. Eric Soroka, City Manager August 13, 1999 Page 3 atS~ected systems on a timely basis. Management acknowledges that it is responsible for assessment and rcmediation of issues concerning the Year 2000, including assessing the extent that thc City's vendors, suppliers, customers and any other third parties might experience computer or other related problems that could affect the City's operation. If not addressed timely, the City recognizes that its operation and ability to prepare financial statements would be adversely affected. In planning and performing our audit, we will consider the internal control sufficient to plan the audit in order to determine the nature, timing, and extent of our auditing procedures for the purpose of expressing our opinion on the City's general purpose financial statements. Wc will obtain an understanding of the design of thc relevant controls and whether they have been placed in operation, and we will assess control risk. Tests of controls may be performed to test thc effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to thc general purpose financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on thc general purpose financial statements. (Tests of controls are required only if control risk is assessed below the maximum level.) Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed. An audit is not designed to provide assurance on internal control or to identify reportable conditions. However, we will inform the governing body or audit committee of any matters involving internal control and its operation that we consider to bc reportablc conditions under standards established by thc American Institute of Certified Public Accountants Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of tbe internal control that, in our judgment, could adversely affect the entity's ability to record, process, summarize, and report financial data consistent with the assertions of management in the general purpose financial statements. We understand that your employees will prepare all cash or other confirmations we request and will locate any invoices selected by us for testing. Thc workpapers for this engagement are the property of Rachlin Cohen & Holtz LLP and constitute confidential information. However, wc may be requested to make certain workpapers available to regulatory agencies pursuant to authority given to it by law or regulation. If requested, access to such workpapers will be provided under the supervision of Rachlin Cohen & Holtz LLP personnel Furthermore, upon request, ~ve may provide photocopies of selected workpapers to the regulatory agency. The regulatory agency may intend, or decide, to distribute the photocopies or information contained therein to others, including other govenunental agencies. Mr. Eric Soroka, City Manager August 13, 1999 Page 4 Our fees for these services are estimated to range between $22,500 and $25,000. This contract is renewable on a yearly basis at the option of the City of Aventura. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of thc personnel assigned to your audit. Our invoices for these fees will be rendered as the work progresses and are payable on presentation. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during thc audit. If significant additional tnne is necessary, we will discuss it with you and arrivc at a new fee estimate bcfore we incur thc additional costs. If additional time is necessary due to an increase in the number of funds (i.e., increase in level of services provided by the City), significant changes in Governmental Accounting Standards Board Pronouncements and other similar matters that are not contemplated by this letter, we will discuss these mattcrs with you prior to commencement of the work. If the City is required to have a Single Audit pcrformcd in accordance with generally accepted auditing standards; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and thc provisions of OMB Circular A-133, Audits' oj' States, Local Governments, and Non-?rofit Organizations, during thc pcriods covered by this letter, we will prcparc an addendmn to this letter indicatiug thc additional services and fces necessary to complete thc cngagement. If additional sei-vices are required or requested as a result of the City receiving grant funds under the Florida Appropriations Act, wc will prepare an addendum to this letter indicating the additional services and fees necessary to complete the engagement. We appreciate the opportunity to bc of continued service to you and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please lct us know. If you agree with the terms of our engagement as described in this letter, plcasc sign the enclosed copy and return it to us. Sincerely, ~Jer'~Ch~ C PA~ Director - Miami Enclosure Mr. Eric Soroka, City Manager August 13, 1999 Page 5 APPROVED: This letter correctly sets forth the understanding of thc City of Aventura, Florida. Signed: Title: Datc: 99\88\88360\en~a~ementlet~er CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission /~ Amendment to Land Development Regulations (Section 1205.5) Ist Reading September 7, 1999 City Commission Meeting Agenda Item __ 2nd Reading October 5, 1999 City Commission Meeting Agenda Item __ in accordance with the Commission's direction at the August Commission Meeting, attached hereto is an Ordinance amending Section 1205.5 of the City's Land Development Regulations. This section relates to the nonconforming use provisions applicability to commercial properties in the redevelopment areas. If you have any questions, please feel free to contact me. EMS/aca Attachment CCO792-99 CITY OF AVENTURA OFFICE OF THE CITY COMMISSION MEMORANDUM TO: FROM: DATE: SUBJECT: Eric M. Soroka, City Manager Harry Holzberg, Commissioner July 29, 1999 Amendment to Land Development Regulations City Commission Meeting August 3, 1999 Agenda Item 11 Please place on the Agenda the following item: Discussion and possible motion to direct the City Manager to prepare an amendment to Land Development Regulations Section 1205.4.2 regarding nonconforming use provisions applicable to commercial properties in the redevelopment areas. I am requesting the City Commission's consideration of the attached amendment to the Land Development Regulations which reflects the "compromise position" on this matter from the July Commission meeting. HH~ms REVISION TO LAND DEVELOPMENT CODE Create Section 1205.4.2 to read as follows: Section 1205.4.2. The restriction upon restoration and rebuilding which is provided by Section 1205.3 above, shall not apply to damages or destruction to any property within a Community Facility zoning district or commercially developed property which damage or destruction is caused by a hurricane or other natural disaster affecting a substantial portion of the community and not primarily affecting an isolated property or development . This provision shall not be applicable to the City's redevelopment area described on Exhibit "1" attached hereto and incorporated herein. This provision is intended to avoid disruption of economic resources and employment centers within the City so as to assure continued economic growth and development. ORDINANCE NO. 99- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS, ENACTED BY ORDINANCE NO. 99-09, BY AMENDING SECTION 1205 ENTITLED "REPAIR OR RECONSTRUCTION OF NONCONFORMING STRUCTURE", AMENDING PARAGRAPH 1205.4,2 CONCERNING COMMERCIALLY DEVELOPED PROPERTIES, PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City of Aventura deems it necessary to amend the City's Land Development Regulations to enable the restoration of certain non-conforming structures on commercial property and to differentiate between the requirements for nonconforming structures in areas identified for redevelopment as compared to other commercially developed properties; and WHEREAS, the City Commission finds that this ordinance is consistent with the Comprehensive Plan. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. That paragraph 1205.4,2 of Section 1205.5 of the City's Land Development regulations, is hereby amended to read as follows:~ Section 1205.4.2 The restriction upon restoration and rebuilding which is provided by Section 1205.3 above, shall not apply to damages or destruction to any property within a Community Facility zoning distdct or commercially developed property which damage or destruction is caused by a hurricane or other natural disaster affecting a substantial portion of the community and I Underlined provisions constitute proposed additions to existing text; :a~ckz= ~rzug~ provisions indicate proposed deletions from existing text. Ordinance No. 99-_.. Page 2 not primarily affecting an isolated property or development This provision concerning commercially developed property shall not be applicable to the City's redevelopment area described on Exhibit "1" attached hereto and incorporated herein. This provision concerning commercially developed property is intended to avoid disruption of economic resources and employment centers within the City so as to assure continued economic growth and development. Section 2. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. Inclusion in ,the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the City of Aventura; that the sections of this Ordinance may be re-numbered or re-lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Ordinance No. 99-__ Page 3 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 The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. The motion was seconded by Commissioner , , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Pedow Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 7th day of September, 1999. PASSED AND ADOPTED on second reading this 5th day of October, 1999. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SOROKA,'CMC/AAE' CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY REDEVELOPMENT AREAS RSI RESIDENTIAL SINGLE FAMILY ~ISTRICT RESIDENTIAL SINGLE FAMILY DISTRICT MULTI-FAMILY MEDIUM DENSITY RESIDENTIAL MULTI-FAMILY HIGH DENSITY RESIDENTIAL NEIGHBORHOOD BUSINESS DISTRICT COMMUNITY BUSINESS DISTRICT HEAVY BUSINESS DISTRICT TDVN CENTER DISTRICT OFFICE PARK DISTRICT MEDICAL OFFICE DISTRICT LIGHT INDUSTRIAL DISTRICT COMMUNITY FACILITIES DISTRICT RECREATION OPEN SPACE CONSERVATION DISTRICT UTILITIES DISTRICT EXHIBIT #1 / / CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: City Commission h Eric M. soroka~J rrnag I r July 28, 1999 TO: DATE: SUBJECT: Ordinance Providing Additional Homestead Exemption for Elderly 1st Reading August 3,1999 City Commission Meeting Agenda Item q F 2nd Reading September 7,1999 City Commission Meeting Agenda Item q RECOMMENDATION It is recommended that the City Commission adopt the attached Ordinance providing for an additional $25,000 Homestead Exemption for Floridians over 65 years of age with an annual income of less than $20,000. This matter was discussed at the July Workshop Meeting. The estimate revenue loss to the City is between $15,000 to $50,000. The County has taken action to adopt a similar Ordinance for the County tax assessments. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0780-99 THE CITY OF AVENTURA OFFICE OF THE CITY MANAGER TO: FROM: DATE: SUBJECT: MEI Eric M. Soroka, City,~ar, Jules Bevis, Assis nta~tt'~' June 23, 1999 IORANDUM ity Manager'~ Homestead Exemption for Elderly Governor Bush recently signed into law an additional $25,000 homestead exemption for FIoridians over 65 years of age and with an annual income of less than $20,000. Attached is a recent article on the law and a copy of the legislation adopted by the State Legislature. An Aventura resident called this week to ask how the City would be enacting this new law. I spoke with Angela Newman with the Miami-Dade County Property Appraiser's Office, who informed me that cities must pass an ordinance accepting the law. After the ordinance is enacted, we must forward a copy to her office for enactment. I marked the language in the bill, which authorizes municipalities to enact the law. Because this office will surely receive more calls from elderly residents regarding this law, I recommend forwarding this issue to the City Attorney for review and recommendation. Please let me know if you have any questions or need additional information. Tax break for many homeowners over 65 becomes law B,/LEgLEY CLAFIK value of their homes. That's in The law, which could brin~ art, who backed the measure since Herald Capital l~ureau addition to the $25,000 home- relief to an estimated 100,00~ TALLAHASSEE -- Flanked by two Miami-Dade lawmakers, Gov. Jeb Bush Wednesday signed into law a bill that could give Flor- ida's poorest seniors a tax break. Pushed for the past four years by Miami Republicans Rep. Alex Villalobos and Sen. Marlo Diaz- Balart, the law allows counties to give people 65 and older who earn less than $20,000 a year up to an extra $25,000 cut in the taxable stead exemption that Florida homeowners receive. Voters already approved the measure last November when they voted for a constitutional amend- ment. The bill allows it to happen. "Voters by a resounding margin said, 'Yes, elders on fixed income, on low income, should receive this break,'" Bush said. "Their incomes don't gn up, but their costs go up." households in Miami-Dade County, enjoys support from Miami-Dade Mayor Alex Penelas. In some cities, the tax break could be as much as $600 a year. The governor's signature was a relief to Villalobos and Diaz-Bal. 1995 to little avail. As a member of the then-minority Republican party, Villalobos said, he was told it would pass "when pigs fly." He toted,, an umbrella, to the signing to guard against the pigs." e-mall: I~llrk@herald.com Senate Bill 0384 http/x~v,x~ lcg.~, a c.tl us/sc~, n, ~o [llcxt hi nl% Iltcxt. sb 84 1 Senate Bill 0384 CODING. Words .......... are deletions; words underlined are additions, Florida Senate - 1999 By Senators Gutman and Meek SB 384 12 15 16 17 2O 22 23 25 26 34-423A-99 A bill to be entitled An act relating to homestead exemption; creating s. 196.075, F.S.; authorizing boards of county commissioners and municipal governing authorities to grant by ordinance an additional homestead exemption for persons 65 and older whose household income does not exceed a specified amount; defining the terms "household" and "income"; providing requirements for the ordinances; providing a penalty; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 196.075, Florida Statutes, is created to read: 196.075 Additional homestead exemption for persons 65 and older.-- ~.a} "Household" means a per_son or qroup cf~ersons Senate Bi110384 hltp://wv, v, leg statc I1 us/scsskm lfilltcxl/hlml/billt~zxt .bn3g I him 27 28 29 30 31 income is the total of the cwo separate re~urns. [b~ "Income" means the adjusEed gross income, as defined in s. 62 of the United States internal Revenue Ccde~ of all members of a household. CODLNG: Words ~ are deletions; words underlined are additions. Florida Senate - 1999 34-423A-99 SB 384 I (2} in accordance with s. 6(f! , Art. Vii of Ehe Stat~ 2 Constitution, the board of county commissioners of or the qovernlnc authority of ally municipaliEy may adopt an ordinance to allow an additional homestead exemption of up to ~00 for_ %ny person who has ~he legal or equitable title to real estate and mainmainsr~h~__c.~-~ ~ the permanent residence of 3 4 5 6 7 the owner, who has attained age 65, and whose 8 does not exceed $22,©00= 9 (3} _.Beginnlnq January 1, 2001, the $20,000 income 10 limitation will be increased by the percentage change in the 11 Consumer Price Index for Ail Urban Consumers, U.S. City 12 Average, ail iLems 1967=i~r successor reports for the 13 preceding calendar year as initially reported by the United 14 States Depar5ment of Labo~ Bureau of Labor Statistics. 17 roi!owing requirements: 18 ~ i[ must be adopted under ~he procedures for genatc Bi110384 htlp://www Icg s~alc flt s'scss on /b tcxv~h m % llcxt~sb 384 hm 23 %axes levied by the unit cf government qrantinq the exemDu!on. 24 Unless otherwise specified,_this exemption will aoply no all 25 tax levies of the county or municipality qrantinq the 26 exe~otion. 27 (c} It must specify ~he amount cf the exemption~_~hich 28 may not exceed $25,000. 29 (d} It must require ~hat a taxpayer claiminq the 30 exemption annually submit to the property appraiser, no% later 31 than March 1, a sworn statement of household income on a form 2 COD3[NG: Words stricken are deletions; words underlined are additions. Florida Senate - 1999 34 423A 99 384 6 7 8 9 13 14 16 1 prescribed by the Department of Revenue. The ploperty 2 appraiser may not qranE the exemD:isn w:tnouz £he required 3 documentation. 4 {5} ?he board of county commissioners or municipa_ 5 governing auihor~ty ~]usz de!zver a cop}, of any ordinance adopted unde~ Ehis sec5:on ~o %he prcperEy aeuraiser nc _aEer 5han December i of the year ~rlor ~z zhe year zhe exemuziex w:il take effecz, if the crdlnanse is reoeaied, ~he board of provided ins. 775.082, s. 775.05-!~ or 775.084, %o file a false sta~emen~ of eiiqibi~ity f{3r an additional homestead Section 2. This act shall take effect July 1, 1999. SENATE SUMMARY Scnaic t3il10384 http://ww:'deg state.fi.us/session/ ./billtext/htinl/billtcxt/sb038 ~, htn~l 20 21 22 23 24 25 26 27 28 29 30 Authorizes boards of county commissioners and municipal governing authorities to grant by ordinance an additional homestead exemption of up to $25,000 for persons 65 and older whose household income does not exceed $20,000, adjusted annually for changes in the Consumer Price Index. 3 CODIltG: Words stricken are deletions; words ~nder~n_d are additions. From: Date: To: Bulletin: PTA-99-06 John R. Everton June 25, 1999 Property Appraisers Tax Collectors taxing Authorities FLORIDA DEPARTMENT OF REVENUE PROPERTY TAX BULLETIN ADDITIONAL HOMESTEAD EXEMPTION FOR PERSONS 65 AND OLDER The 1999 Legislature enacted Chapter 99-341, Laws of Florida, effective July 1, 1999 (see Committee Substitute Tor Committee Substitute for House Bill 291). This new legislation creates section 196.075, Florida Statutes, in accordance with express authority provided in a recent revision of the State Constitution approved by electors of Florida at the November 3, 1998, general election, which took effect January 1, 1999 (see Section 6(f), Article Vll, of the Florida Constitution, and 1998 House Joint Resolution 3151). The law allows both counties and municipalities, through adoption of an ordinance, to each grant an additional homestead tax exemption of up to $25,000 to resident homeowners who have legal or equitable title to the real estate, who are at least 65 years of age on January 1 of the )/ear for which the application for exemption is made and whose annual household income for the prior year does not exceed ;~zd',000. The law defines the terms "household" and "household income" and provides for a c(~st- of-living increase for the income limitation beginning January 1, 2001. A copy of the new law is attached to this bulletin. This new legislation provides that the county or municipal ordinance must be adopted ~ December 1 pursuant to the procedures contained in section 125.66(2), Florida Statutes, for adoption of a non-emergency ordinance. The exemption can apply only to taxes levied by the unit of government granting the exemption; and, unless otherwise specified, such exemption will apply to all tax levies of the county or municipality granting the exemption, including dependent special districts and municipal service taxing units. The amount of the exemption, which cannot exceed $25,000, must also be specified in the ordinance. If the unit of government granting the exemption specifies a different amount for dependent special districts or municipal service taxing units, the exemption amount must be a uniform amount in all dependent special districts or municipal service taxing districts within the county or municipality. The ordinance must also require a taxpayer claiming the exemption to annually submit a sworn statement of household income, on a form prescribed by the Department of Revenue, to the property appraiser not later than March 1. The new law authorizes the Department of Revenue to prescribe rules and forms pertaining to the exemption. The Department is developing forms and rules to implement this new law, which will take effect by January 1, 2000. Interested parties should provide input in the rulemaking process during the summer and fall of 1999. (Over) Persons entitled to the regular homestead exemption may apply for the additional homestead exemption provided by the new law. The new law requires the applicant taxpayer to submit to the property appraiser, by March 1, a sworn statement of adjusted gross income of the household for the prior year. Persons applying should be encouraged 1o file the necessary supporting income documentation, if available, along with the sworn statement of adjusted household income that is required to be filed with the property appraiser no later than March 1. If this required sworn statement is filed timely, the law allows applicants three additional months, until June 1, to provide the required supporting income documentation to the property appraiser if more time is needed. Persons receiving the additional homestead exemption are subject to the provisions of sections 196.131 and 196.161, Flodda Statutes, pertaining to wrongful receipt of a homestead exemption. If title to the property is held jointly with right of survivorship, the person residing on the property and otherwise gualifyJng may receive the entire amount of the additional homestead exemption. The board of county commissioners or municipal governing authority must notify the property appraiser of the adoption of an ordinance no later than December 1 of the year prior to the year the exemption takes place. Therefore, this exemption will be available for the first time in tax year 2000. If the ordinance is later repealed the board of county commissioners or municipal governing authority must notify the property appraiser of the adoption of an ordinance no later than December 1 of the year prior to the year the exemption expires. In those counties and municipalities where this additional exemption is granted by local ordinance, the property appraiser wilt be responsible for receiving applications for the new exemption, evaluating the applications and their supporting documentation, informing citizens if their application was accepted or rejected, and applying the exemption to the tax roll. The property appraiser will have to ascertain which cities, if any, have adopted an exemption ordinance, and for how much, as well as the amount of any county exemption ordinance in existence; and, monitor the repeal of any exemption ordinances. This information is being furnished by the Department of .~evenue to advise interested parties of legislative action taken during the 1999 session. If you have questions regarding the administration of this new law and wish to discuss them, you may call Jeffrey Picker at (850)488-0712. JRE/cs Attachment 196.075 Additional homestead exemption for persons 65 and older. - (1) As used in this section, the term: (a) "Household" means a person or group of persons living together in a room or group of rooms as a housing unit, but the term does not include persons boarding in or renting a portion of the dwelling. (b) "Household income" means the adjusted gross income, as defined in s. 62 of the United States Internal Revenue Code, of all members of a household. (2) In acc~,,dance with s. 6(0, Art. VII of the State Consti'. ,tion, the board of county commissioners of any county or the governing authority of any municipality may adopt an ordinance to allow an additional homestead exemption of up to $25,000 for any person who has the legal or equitable title to real estate and maintains thereon the permanent residence of the owner, who has attained age 65, and whose household income does not exceed $20,000. (3) Beginning January 1, 2001, the $20,000 income limitation shall be adjusted annually, on January 1, by the percentage change in the average cost-of-living index in the period January 1 through December 31 of the immediate prior year compared with the same period for the year prior to that. The index is the average of the monthly consumer-price-index figures for the stated 12-month period, relative to the United States as a whole, issued by the United States Department of Labor. (4) An ordinance .~ran~.incj add;~ional homestead ~xempt. ion as authorized by ibis secdun must meet the following requirements: (a) It must be adopted under the procedures for adoption of a nonemergency ordinance specified in chapter 125 by a board of county commissioners, or chapter 166 by a municipal governing authority. (b) It must specify that the exemption applies only to taxes levied by the unit of government granting the exemption. Unless otherwise specified by the county or municipality, this exemption will apply to all tax levies of the county or municipality granting the exemption, including dependent special districts and municipal service taxing units. (c) It must specify the amount of the exemption, which may not exceed $25,000. If the county or municipality specifies a different exemption amount for dependent special districts or municipal service taxing units the exemption amount must be uniform in all dependent special districts or municipal service taxing units within the county or municipality. (d) It must require that a taxpayer claiming the exemption annually submit to the property appraiser, not later than March 1, a sworn statement of household income on a form prescribed by the Department of Revenue. (5) The department must require by rule that the filing of the statement be supported by copies of any federal income tax returns for the prior year, any wage and earnings statements (W-2 forms), and any other documents it finds necessary, for each member of the household, to be submitted by June 1. The taxpayer's statement shall attest to the accuracy of such copies. The property appraiser may not grant the eXemption without the required documentation. (6) The board of county commissioners or municipal governing authority must deliver a copy of any ordinance adopted under this section to the property appraiser no later than December 1 of the year prior to the year the exemption will take effect. If the ordinance is repealed, the board of county commissioners or municipal governing authority shall notify the property appraiser no later than December 1 of the year prior to the year the exemption expires. (7) Those persons entitled to the homestead exemption in s. 196.031 may apply for and receive an additional homestead exemption as provided in this section. Receipt of the additional homestead exemption provided for in this section shall be subject to the provisions of ss. 196.131 and 196.161, if applicable. (8) If title is held jointly with right of survivorship, the person residing on the property and otherwise qualifying may receive the entire amount of the additional homestead exemption. ORDINANCE NO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, RELATING TO AD VALOREM TAXATION; PROVIDING FOR AN ADDITIONAL HOMESTEAD EXEMPTION FOR CERTAIN QUALIFYING SENIOR CITIZENS TO BE APPLIED TO MILLAGE RATES LEVIED BY THE CITY, PROVIDING REQUIREMENT OF ANNUAL APPLICATION AND SUBMISSION OF SUPPORTING DOCUMENTATION; PROVIDING FOR WAIVER OF EXEMPTION; PROVIDING FOR AN ANNUAL INCREASE IN THE INCOME LIMITATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, on November 3, 1998, voters approved an amendment to the Florida Constitution providing for an increased homestead exemption to certain qualifying senior citizens; and WHEREAS, this City Commission desires to implement the additional homestead exemption for qualifying senior citizens in accordance with the provisions of Section 196.075 of the Florida Statutes, as created by the 1999 session of the Florida Legislature through its enactment of HB 291. IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. In accordance with Section 6(f), Art. VII of the Florida Constitution and Section 196.075 of the Florida Statutes, any person 65 years of age or over who has legal or equitable title to real estate located within the City of Aventura ("City") in Miami-Dade County and maintains thereon his/her permanent residence which residence qualifies for and receives homestead exemption pursuant to Section 6(a), Art. VII of the Florida Constitution, and whose household income does not exceed Resolution No. 99- Page 2 $20,000.00 shall be entitled to make application for an additional homestead exemption of $25,000.00. This additional homestead exemption, if granted, shall be applicable to all ad valorem tax millage rates levied by the City. Section 2. Every person claiming the additional homestead exemption pursuant to this Ordinance must file an application therefore with the Miami-Dade County Property Appraiser no later than March 1 of each year for which such exemption is claimed. Such application shall include a sworn statement of household income for all members of the household and shall be filed on a form prescribed by the Florida Department of Revenue. On or before June I of each year every applicant must file supporting documentation with the Property Appraiser. Said documentation shall include copies of all federal income tax returns, wage and earning statements, and such other documentation as required by the Property Appraiser, including documentation necessary to verify the income received by all of the members of the household for the prior year. Section 3. Failure to file the application and sworn statement by March I or failure to file the required supporting documentation by June 1 of any given year shall constitute a waiver of the additional exemption privilege for that year. Section 4. This additional exemption shall be available commencing with the year 2000 tax roll, and the Property Appraiser may begin accepting applications and sworn statements for the year 2000 tax roll as soon as the appropriate forms are available from the Department of Revenue. Section 5. Commencing January 1, 2001, and each January 1 thereafter, the $20,000.00 annual income limitation in this Ordinance shall be adjusted annually and Resolution No. 99- Page 3 applicable as of January 1 of that year. The annual income limitation shall be adjusted by the percentage of change in the average cost-of-living index for the immediately preceding calendar year compared with the average cost-of-living index for the calendar year immediately prior to that year. As used herein "index" shall be the average of the monthly consumer-price index figures for the stated pedod, for the United States as a whole, issued by the United States Department of Labor. .Section 6: The City Clerk shall within 30 days of the adoption of this Ordinance, but prior to December 1, 1999, deliver a copy of this Ordinance to the Miami-Dade County Property Appraiser. Section 7. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 8. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 9. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. Resolution No. 99-~ Page 4 The foregoing Ordinance was offered by Commissioner Beskin, who moved its adoption on first reading. The motion was seconded by Commissioner Cohen 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 The foregoing Ordinance was offered by Commissioner yes yes yes yes yes yes yes moved its adoption on second reading. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner 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 on first reading this 3rd day of August, 1999. PASSED AND ADOPTED on second reading this 7th day of Septem~ 1999. ATTEST: ARTHUR I. SNYDER, MAYOR TERESA M. SOROKA, CMC/AAE CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY To: From: Date: Subject: Arthur Snyder Mayor //?/ Patricic/R~ers-Libert Vice ~ Sept~ber ~, 1999 Floricla League Annual Conference: Summary The proposed Commission policy on travel recommends that Commissioners pro- vide reports following travel to conferences, educational seminars and other travel. This memorandum summarizes key activities in which I participated dur- ing the Florida League of Cities Conference, held August 19~ - 21s~ in Orlando, Florida. Urban Administration Committee: The UA Committee focuses on requirements imposed on municipal government operations, protection of municipal Home Rule authority, tort liability, code enforcement, building and fire code require- ments, eminent domain, transportation and community and economic develop- ment. Primary issues discussed: · Unified Buildinq Code: The Statewide Building Committee is completing the second draft, which incorporates sections of the South Florida Building Code. Meetings are scheduled throughout Florida to solicit input prior to issuance of a third draft (see Attachment 1 ). UA Concerns: ~ ~du¢o~ion reguir~m~n~ for insp~¢~or~. The draft Code mandates a 200- hour trainin9 program for an inspector to become certified in more than one area. UA members suggest these standards are too stringent. Addi- tionally, new inspectors must have experience in the building industry. UA members suggest experience in Code Enforcement should also be ac- ceptable. ~* ¢~r~'ifNo~:ion in n~uJ Cod~. The draft Code provides an 8 month period for inspectors to become trained and certified in the new requirements. UA Members suggest a longer period. Florida League Annual Conference: Summary Page 2 September 02, 1999 · Community & Economic Development: New Funding: "Governor's Front Porch." Grant applications are due September 15, 1999. HB 17, Growth Management Act, provides funding for Eastward Ho! and other redevelop- ment areas. UA members suggest that FLC policy be amended to consider lower match requirements for Federa~ Programs when funds are used in a fed- eral or state designated redevelopment area. · Suggested Priorities for 2000 Legislative Session (to be discussed at upcom- ing UA meeting): Proposal to cap revenues at 25% for traffic activities and forfeitures (relates to speed traps). Proposal from City of Mulberry providing for a cap on mobile home lot rents. Proposal on municipal disposition of and fines for abandoned shopping carts. Discussion of aging baseball facilities. Resolutions Committee: My memorandum of August 8, 1999 transmitted the resolutions as proposed. All resolutions passed, all unanimously except 99-4 (Gambling Cruises - passed 21-3). Resolution 99-14, opposing a permanent moratorium to Internet taxation, was added at the meeting, and passed without opposition. Gen~: At the General Meeting, all policy committees reported on the 1999 Legislative Session and noted priorities for the 2000 Legislative Ses- sion. Officers and board members were elected. Florida Municipal Insurance Trust Specia~ Meetinq: The FMIT he~d a special meet- ing to discuss the bankruptcy of GRIT and its a~l:ect on FLC members. GRIT has underwritten workers' compensation for municipalities, apparently at rates which did not reflect actual costs. The FMIT, through which Aventura has its workers' compensation coverage, is assessing the alternatives to best protect current FMIT members and provide assistance to municipalities currently insured through GRIT. FMIT is also examining the likelihood that the State Legislature may chose to tighten requirements for GRIT (and, ergo, FMIT) operations due to the failure of GRIT. Grants Exchanqe: A copy of the Finon¢ing ond Technical Rssist~nce for Florido Muni¢/politi~s 19g'ghas been 9iven to the City Mana9er. This provides informa- tion on Federal and State funding opportunities available to municipalities. Specific programs of interest to Aventura include: · Recreation Development Assistance Program: Provides funds to acquire or develop lands for parks and recreation to a maximum amount of $200,000 (similar to grants we have received). · Preservation 2000: Provides funding for acquisition of park lands and green space. · Emergency Management Grant Program: Provides funding for hazard mitiga~ tion and disaster preparedness and recovery planning and implementation (Hurricane preparation/planning). · COPS: Provides funds for police officers and equipment. · Cultural Facilities Program: Provides funds for renovation, construction and/or acquisition of cultural faci'lities (Proposed cultural center). F~orida League Annual Conference: Summary Page 3 September 02, 1999 · Library Grant Programs: Provides funds to local libraries. Legislation rel quired for municipalities to receive funding. · New Millennium Grant program: Provides funding to encouroge Sister Cities which promote cultural, educational, historic and economic linkages. · Urban Infill and Redevelopment Assistant Grant: Provides planning and im- plementation funds for implementation of urban infill/redevelopment projects consistent with adopted CDMPs (Possibly eligible: Medical District). The Growth Policy Act seminar discussed this grant program as well as the modi- fications to the State growth Management Act. The FLC conducted a series of seminars and general sessions (see attached Con- ference Program). I acquired audio tapes from those which I found most inter~ esting. Please advise if you would like copies. Should you require any additional information, please let me know. Attachments Commission Eric Soroka, City Manager FLORIDA BUILDING COMMISSION FLORIDA BUILDING CODE UPDATE George J. Wiggins, CBO August 19, 1999 Legislative Mandate: The Florida Building Code Act, as passed by the 1998 Legislature, mandates the development and continued maintenance of a unified Florida Building Code and also addresses training requirements, product approval and certain licensing provisions. The Florida Building Code is to be developed and presented to the 2000 Legislature for approval and will go into effect in January 1, 2001. The Act contains provisions that allows local governments to adopt more stringent local amendments, subject to appeal to a local board, then to a countywide board and, if necessary, to the Florida Building Commission. All State agency rules regulating building construction are also being placed within the Florida Building Code. Florida Building Commission: The 23 member body charged with developing the Florida Building Code, formerly known as the 17 member Building Code Board of Codes and Standards. Six new members were added including a new chairman that serves at the pleasure of the Governor. The Florida Building Commission chose the 1997 Standard Building Code as the base document for development of the Florida Building Code in October, 1998. Since that time the Commission and its technical committees has been meeting monthly to hear proposed modifications, receiving presentations from numerous groups, holding public hearings and developing draft I of the Florida Building Code. The technical committees appointed by the Building Commission include the following: Building/Structural, Building/Fire, Code Enforcement, Product Approval, Plumbing/Gas, Electrical, Mechanical, Accessibility, Special Occupancy, Education and Energy. At the August 9 and 10 meeting of the Commission, Draft II of the Florida Building Code was approved and the remaining public hearings and Commission meetings will be held as listed below: Schedule of Meetings September 8, 1999 Panama City September 9-10, 1999 Panama City September 22, 1999 Miami October 11-12, 1999 Orlando October 13, 1999 Orlando October 27, 1999 Gainesville November 8-9, 1999 Naples November 10, 1999 Naples December 13-14, 1999 Orlando January 10-11,2000 Tallahassee Boardwalk Beach Resort Boardwalk Beach Resort TBA Double Tree- Kissimmee Double Tree- Kissimmee TBA Naples Beach Hotel Naples Beach Hotel Double Tree- Kissimmee Double Tree (Public Workshop) Commission (Public Workshop) Commission (Public Workshop) (Public Workshop) Commission (Public Workshop) Commission Commission A third Draft of the Florida Building Code will be developed in November, with tbe final version completed in December. FLORIDA BUILDING CODE UPDATE August 19, 1999 Page 2 The recently approved second draft will contain provisions that accommodate the special concerns of Miami- Dade, Broward, Palm Beach and Monroe Counties with regard special administrative requirements, windbome debris and wind load criteria, roofing requirements and special provisions in chapters on wood, masonry, concrete and steel construction and others. The debate on resolving the construction issues has been intense with regard to meeting the needs of Miami-Dade and Broward Counties for wind protection, roofing standards and administrative provisions. Draft II of the Florida Building Code will include the following provisions to address wind loads and special needs of Miami-Dade, Broward, Palm Beach and Monroe Counties: Chapter 1 Administration Chapter lA: FBC Chapter 1 as modified, establishing minimum inspection, plans review and certificate of occupancy requirements. Chapter lB: The Miami-Dade and Broward Joint Administrative Chapter with inclusion of only those administrative provisions supported by current law. Chapter 16, Wind Load Design Chapter 16A: ASCE 7-98 design criteria will apply to all buildings throughout the state except the windborne debris impact resistance criteria for Iow rise buildings. The impact resistance requirements for low rise buildings will apply only to those jurisdictions which have adopted and enacted such standards (by ordinance) prior to January 1, 2001. Chapter 16B: The South Florida Building Code criteria which exceed the FBC will be included in Chapter 16B, such as impact resistance standards for all components and cladding, design of buildings as fully enclosed, and Miami-Dade impact resistance protocol. Chapter 15 Roofing Chapter 1SA: The FBC Chapter 15 as modified by the Buildiug/Structural Technical Committee's roofing subcommittee recommendations. Chapterl5B: The Miami-Dade version ofthe South FIorida Building Code Chapter 34 will become 15B. Chapters 18, 19, 21-25 Foundations, Concrete, Masonry, Steel, Wood, Glass, Gypsum Board and Plaster All of these chapters will also have a "B" chapter for additional prescriptive criteria from the South Florida Building Code and will apply only to Miami-Dade and Broward Counties. Before the third draft is developed, the issue of statewide product approval will need to be resolved. FOr' More Information Florida Department of Community Affairs Office of Codes and Standards 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Telephone: 850/487-1824 · Fax: 850/414-8436 Website: www.dc a.state.fl .us/t'hcd/foc Florida League Annual Conference 1999 Resolutions Summary 99-1 99-2 99-3 99-4- Short Nome Appreciation Stetson University Recogni- tion Florida City Government Week Gambling Cruises Type Commemorotive Commemorotive Commemorative Congressional Legislative/Regu latory Summary Appreciation to City of Buena Vista, Orange County, Tri-County League, Wyndham, etc. for assistance in Conference Recognizes Stetson University, President, Trustees, etc. al., for supporting David Rigsby as President of FLC Endorses a Proclamation by Governor Bush & Cabinet proclaiming October 17-23, 1999 as "Florida City Government Week" Supports the Governor Bush & Cabinet in their actions to prevent cruise-to-nowhere' from mooring on state submerged lands. Petitions Florida CongressionaJ delegation to sponsor legislation returning authority to states to regulate day cruise industry. Discussion: The Urban Administration Committee adopted a Policy Statement 300.12, which states: "Allows municipalities to derive revenues and recover costs to lessen im- pact of day cruise casinos." The Cities of Hollywood and Ft. Lauderdale are both experiencing problems with day cruises, and are seeking legislation to strengthen state and local control of such vessels. The current State action is an interim measure. Problems caused by these vessels include environmental damages, improper moor- ings at recreational marinas, and violation of lease conditions ~t marinas. Florida League Annua! Conference Page 2 ! 999 Resolutious Summary Reso Short Name No. 99-5 Census 2000 99-6 Water Supply Development 99-7 Financial Services Reform Type Congressional Legistative/Regu latory Congressional Congressional Summary Urges Federal gavernment to implement measures to reduce acknowledged undercounting, including post-census local review, and to provide adequate funding and personnel to achieve objectives of the Census. Encourages municipalities to work with Census Bureau to ensure accurate count of population. Key Issues: Accurate count for determining number of seats and boundaries for each legislative, Congressional and County district Federal funds allocated in part through population and other census data. Urges Congressional delegation to sponsor legislation and funding for alternative water supplies in Florida. Supports efforts of Florida Water Management District, Rep. Thurman and Sen. Graham in creating the Alternative Water Resources Development Act, provided that municipalities are permitted to participate. Key issues: Current Florida water supply is becoming inadequate, with lowered aquifer levels, degradation of water quality and damage to environment. Water demand is ex- pected to exceed supply by 2020. Funding needed to develop alternate water supplies which conserve, manage, re- claim, reuse and desalt water, targeting states willing to cost-share and which de- velop responsible long-range water resource development plans. Note: Similar to City of Aventura Resolution No, 99-35 Supports NLC position to modernize US financial services industry, including repeal of Glass Steaga~l Act, while maintaining Community Investment Act (CRA) requirements, expanding CRA requirements to new participation in financial holding companies, and protecting credit availability in under served communities. Key Issues: Current Congressional legislation (HR 10) does not link CRA-like regulations to in- surance and securities activities HR 10 would allow insurance companies which have violated Fair Housing Act through redlining to affiliate with new holding companies without penalties. Floride Leag.u.e Annual Conference Page 3 1999 Resolutions Summary Reso Short Name No. 99-8 CDBG (Community Develop- ment Block Grant Program) 99-9 Bond Fairness 99-10 FAA Preauthorization/Air 21 Type Congressional Congressional Congressional Summary Note: Similar to City of Aventura Resolution 99-34 Urges Congress to increase CDBG funding and opposes set-asides which do not meet the purpose of the CDBG program. Discussion: Congress is proposing reductions of 30% or more beginning in Year 2000. CDBG is a flexible funding program, providing funding to address county & munici- pal Iow and moderate-low neighborhood revitalization efforts. Ii; requires commu- nity participation, promotes public/private partnerships, and uses government funds to leverage high dollar private resources. Miami-Dade County (MDC) receives over :$21 million annually in CDBG funds and could lose $6.2 million or more. CDBG funds projects in many cities through MDC. Urges Congressional support for the Bond Fairness & Protection Act, which equalizes the playing field between municipal electric utilities and private electric utilities. Discussion: With electric utility deregulation, electric companies can now sell across local, county & state boundaries. Current Federal rules favor private utilities, and place public utilities at a competitive disadvantage. Public utilities currently prohibited from joining independent or regional operators, so that they may be faced with "significant financial penalties." Urges Congress to support Air-21, Aviation Investment & Reform Act for the 21~t Century. Urges continued formula funding instead of state block grants. Urges elimination of cap to Passenger Facility Charge (PFC). Key Issues: Removes PFC cap (/14o~ provide an alternative match source for sorn~ ~4DC TER-£1 projecl~) and allows PFC funds to be used for airport related surface transportation projects if TEA-21 funds are not available (/9/'F~¢ts 44DC ~'ost-/Z/~st Proj'ect). Pro- poses user fee charge to facilities which benefit from airports but are not located at airports. Proposes that Airport funds continue to be allocated via formula, and not through state block grants. (State 6/ock 9rant progrern cou/d result/n State Leg/slotiv¢ propriot/ons, /essen/ng percentog~ A4DC r~c~ive$). Florida League Annual Conference Page 4 1999 Resolutions Summary Reso Short Name No. 99-11 TEA-21 99-12 Takings (Property Rights) 99-13 Y2K Type Congressional Congressional Congressional Summary Urges Congress to support legislation which expands municipal participation in determin- ing projects and provides additional funds to small municipalities. Key Issues: Local decision-making regarding use of Tea-21 funds, include assuring funds for small municipalities are not programmed for use elsewhere. Provision of TEA-21 funds to meet small municipalities needs & fund expensive one- time projects Use of funds to expand access to employment touJn or/nfi//progrorns, such as Eastward HoZ The {6D Subcommittee on 5n~ort Gro~uth hes recommended this end u~ill provide e resolution at the NLC Congress/n D~cernber. Urges Congress to oppose legislation (HR 2372 and S 1028) which would circumvent local land use and zoning authority (consistent with NLC policy). Discussion: Proposed legislation would allow developers and land owners to circumvent local zoning appeals mechanisms, bylaw state courts, and sue municipallY:les & counties in federal courts for alleged takings when land use and zoning decisions are not made in their favor. Urges Congress to assist municipalities with Y2K preparedness through Federal education, training and funding (consistent with NLC policy). Urges Congress to absolve municipali- ties from legal liability when they have executed good faith efforts I:o prevent Y2K prob- lems. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 99-14 (Late Filed 8/5/99 - Requires 2/3rds Majority Vote) A RESOLUTION OF THE FLORIDA LEAGUE OF CITIES, INC. OPPOSING BILLS IN CONGRESS THAT PLACE A PERMANENT MORATORIUM ON STATE AND LOCAL TAXES ON INTERNET ACCESS OR PERMANENT ONLINE SERVICES. WHEREAS, the State of Florida and its local governments depend upon existing sales and excise taxes to generate much needed state and local tax revenue; and WHEREAS, these revenues support crucial public services, such as, police protection, fire protection, education, transportation services, public infrastructure, park and recreation services, community services and other services; and WHEREAS, Congress has recently considered proposals which would permanently prohibit Florida and its local governments from collecting taxes on past and future Internet access or online services; and WHEREAS, a continuation of the three year moratorium on taxation of Internet services will be a preemption of state and local government taxing authority; and WHEREAS, the National League of Cities supported the three year moratorium as a compromise to ward off worse proposals and will be seeking ways to gain federal approval to require collection of sales taxes on sale of goods and services over the Intemet; and WHEREAS, without congressional action, the intemet and catalog sales will remain substantially a tax-free zone, thereby, depriving state and local government of revenues required to provide essential public services; and WHEREAS, the three year moratorium does not affect state and local taxes on Interact access services and online services, provided that the tax was "generally imposed and actually enforced" prior to March 1, 1998; and WHEREAS, for those governments which "generally imposed and actually enforced" a tax prior to March 1, 1998, the bill includes an unprecedented new federal mandate requiring governments to enact new legislation within one year to "expressly impose" the already enacted and chromed tax or lose the revenues; and WHEREAS, the State of Florida does have a general sales tax in place but does not have a tax specific to interact taxing, the League desires to express support for state and municipal governments thus affected; and WHEREAS, the bill created a commission composed of state, municipal, federal, business, and consumer leaders to draft legislation for consideration by Congress to propose a simplified system of state and local taxation that would apply to all Intemet access and online service; and RESOLUTION 99-14 (Late Filed 8/5/99 - Requires 2/3rds Majority Vote) 1 2 3 4 5 6 7 8 9 10 1l 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 WHEREAS, the expected explosive growth of a "tax-free" Interact is expected to provide mail order and Interact sellers a significant tax advantage over local main street retailers. NOW, THEREFORE, BE IT RESOLVED BY THE FLORIDA LEAGUE OF CITIES, INC.: Section 1. That the Florida League of Cities stands with the states and local governments in opposition to any federal action which would create or perpetuate inequitable taxation. Section 2. That the Florida League of Cities also opposes any proposal which is retroactive, which applies only to state and local governments, and not the federal government, or which would preempt the authority of municipalities. Section 3. That a copy of this resolution shall be provided to the National League of Cities, the Federal Communications Commission, the Florida Congressional Delegation and interested parties. PASSED AND ADOPTED by the Florida League of Cities, Inc., in conference assembled at the Wyndham Palace, Lake Buena Vista, Florida, this 21st Day of August 1999. David Rigsby, President Florida League of Cities, Inc. Mayor o f DeLand ATTEST: Michael Sittig, Executive Director Florida League of Cities, Inc. Submitted by: FLC Staff Summary Resolution 99-14 Internet Tax Background: Both the Information Technology & Communications and Finance Administration & Intergovernmental Relations NLC Steering Committ~s spent substantial portions of their spring meetings discussing policy issues related to the Intemet. The FAIR Committee continued its attention on the tax issues raised by E- Commerce. The ITC committee also spent time discussing E-Commerce in addition to the issue of open access to the Intemet for all communities. The NLC Board will be spend'mg considerable time on this issue. Last year, Congress passed legislation to lay the groundwork toward realizing the promise and potential of a 21st Century electronic commerce marketplace in cities. In a series of key votes, a bipartisan group of leaders stood firm for cities, small businesses, and states and succeeded in mining back efforts for unprecedented preemption of fundamental and traditional municipal rights and authority. Keg Issues: It is vital to lay the groundwork towards creating a level playing field so that every small business on every Main Street in America could compete on equal terms with mail order and Interact or electroffm commerce giants. Last years legislation provided: · A three-year moratorium on state and local, but not federal, taxes on Intemet access charges, bit taxes, multiple taxes and discriminatory taxes. · A provision to protect or grandfather current taxes or fees on Internet access. · Insurance that the bill would not affect liabilities to cities or states accrued under current taxes or litigation affecting such taxes. Creation of a commission composed of state and local leaders, Main Street businesses, and other federal and electronic commerce representatives to look at various issues in the taxation of electronic commerce, including how to ensure a level playing field between Main Street and remote catalog or electronic sales. Congressional Action: Senator Judd Gregg is planning to introduce an amendment to the Senate tax bill (S. 1429) which would make permanent the moratorium on the interaet sales tax. The debate on this bill is just the beginning on the Senate floor. To date, the amendment has not been filed, however, the National League of Cities voices strong opposition to Senator Judd's potential amendment. Full fledged debate took place last year and it was decided to create a body to consider this issue. The Advisory Commission on Electrorfic Commerce was authorized by Congress to meet and make recommendations. The commission is scheduled to complete its work and make final recommendations on interaet sales tax policy on April 21, 2000. Senator Gregg's concerns are well represented on the commission and the commission should be allowed to finish its work without interruption, from Congressional members. E;he :flfiami ¢raii www. herald.com www.elherald.com PUBLISHED DAILY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared: JANEY ANDERSON who on oath says that he/she is CUSTODIAN OF RECORDS of The Miami Herald, a daily newspaper published at Miami in Dade County, Florida; that the attached copy of.advertisement was published in said newspaper in the issues of: August 26, 1999 Affiant further says that the said The Miami Herald is a newspaper published at Miami, in the said Dade County, Florida and that the said newspaper has heretofore been continuously published in said Dade County, Florida each day and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, finn or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspapers(s). ?woX~o and ('~bs~ibe~c/e"fo~-e me th~s- k..~ti DA~-~F August , 1999 My Commission ~/~s: ~(~r( ~ iOnbie: ~~ CiTY OF AVENTURA NOTICE OF AMENDMENT TO LAND DEVELOPMENT REGULATIONS The City of Aventura proposes to adopt the following Ordinance: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS, ENACTED BY ORDINANCE NO. 99-09, BY AMENDING SECTION 1205 ENTITLED "REPAIR OR ~ RECONSTRUCTION OF NONCONFORMING STRUCTURE" AMENDING PARAGRAPH 1205.4.2 CONCERNING COMMERCIALLY ~. DEVELOPED PROPERTIES, PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. ,, A Public Hearing for first reading of the Ordinanc_e/~ will be ~eld on Tuesday, September 7, 1999, at 6,;~ p m. at the Biscayne Medical Arts Building, located ~ at 21110 Biscayne Bou evard, Suite 101. Aventura,'~; F or da The roposed Ordinance may be inspected; · . P . . 99~ by the public at the _Office of the C~ty. Clerk_.,, 2,9! N.E. 1915t Street, Suite 500, ^venmra. h~onoa. Interested parties may appear at the Pu ~31ic Hearing,: and be heard with respect to the proposed~ Ordinance Any person w shing to address the Cityl Commisson on any item at this Pub c Hearing isI asked to register with the City C erk prior to that item. being heard. '/ In accordance with the Americans with Disabilities.:~ Act of 1990, all persons who are disabled and who need specia accommodations to participate in this;/ proceeding because of that disab ty should contact's.· the Office of the City Clerk, 305-466-8901, not later, than two business days prior to such proceedings. ',- If a person decides to appeal any decision made by~ the Ct Commission wth respect to any matter,; consid~Yred at a meeting or hearing, that person wi!l! need a record of the proceedings and, for sucre purpose may neeo tc ensure that a verbatim record., of the proceedings s made, which record includes: the testimony and evidence upon which the appeaP~ is to be based. Dated this 26th day of August, 1999~ Teresa M. Soroka, CMC/AAE , ~, Clerk ' MIAMI DALLY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dada County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority pemonally appeared Octalma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review fl~Ja Miami Review, a dally (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being e Legal Advertisement of Notice In the matter of CITY OF AVENTURA PUBLIC HEARING - 9/7/99 APPLICATION NO: 08-VAR-99 XXXXX in the ................................................................................ Court, A~i~ ±~,w.~s nubli~hed in±~'lcl ~speper in the issues of Affiant further says that the said Miami Daily Business Review Is a newspaper published at Miami in said Dede County, Florida, anti that the salti newspaper has heretofore been continuously published in said Dada County, Florida, each day (except Saterday, Sunday and Legal Holidays} and has been entered as second claSS mail matter at the post office in Miami in said Datie County, Flodda, for a parted of one year next preceding the first publication of the attached copy of ~edverdeemeet; and affiant further that she has neither paid nor promised any pe orporation any discou pete, commisai e pu~po.s~. o..~.~nofe~ss~url, th advertise In the sa,d 19 ~ S~)~sub~:rthed heFe~ Applicant Name: Applicant Request: Application Number: Location of Property: Legal Description: CITY OF AVENTURA NOTICE OF PUBLIC HEARING Date and Time of Public Hearing: T~sday, Septemcer7 1999 6:00 3. m. Marina Tower of Tumberry Isle Condo- minium Association Inc. The applicant is requesting a variance from Section 1101 of the City of Aventura Land Development Regulations to allow a 500- gallon abeve-gmund fuel tank for an emergency generator in the RMF4, Multi- Family High Density Residential zoning district, where no above-ground fuel storage tanks are allowed by code. 08-VAR-99 19500 Tumberry Way, Aventura A pertion of Tract 'DD' of Fifth Addition, Biscayne Yacht and Country Club, Plat Book 99, Page 20, Public Records of Miami- Dabe County, Fledda Size of Property: Approximately 1.92 acres Plans are on file and may be examined during regular business hours in the City of Aventura, Community Development Department, 2999 NE 191 Street, Suite 500, Aventura, Florida 33180. Plans may be modified at or before the Public Hearing. The application may change during the hearing process. The Public Headng wi!l be held at Biscayne Medical Arts Building, 21110 Biscayne Boulevard, Suite 101, Aventura, Flodda 33180. Your comments may he made in person at the hearing or filed in wdting prior to the hearing date. Refer to applicent/property on correspon- dence and mail same to City of Aventura, Community Development Department, 2999 NE 191 Street, Suite 500, Aventura, Florida 33180. For further information, please call (305) 466-8940. In accordance with the Americans with Disabilities Act of 19~0, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the Clerk (305) 466-8901, not later than two business days prior to such proceedings. If any person decides to appeal any decision made by the City Commission with respect to any matter considered at a meeting or heating, that person 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 mcerd includes the teetimo6y and evidence upon which the appeal is to be based, Teresa M. Soroka, CMC/AAE, City Clerk 8/19 99-3-081956M MIAMI DALLY BUSINESS REVIEW Published Dally except Saturday, Sunday and Legal Holidays Miami, Dada County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/ida Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA PROPOSED ORDINANCE SEPTEMBER 7, 1999 XXXXX in the ................................................................................ Court, v~.zl~bli~h~ed i~]_.~3i~ ~ewspeper in the Issues of Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Flortda, and that the said newspaper has heretofore been continuously published in said Dada County, Florida, each day (except Saturday, Sunday and Legal Holklays) and has been entered as second class mall matter at the post office in Miami in said Dada County, Florida, fur a period of one year next preceding the first publication of the attached copy of .advertisement; and affiant further says that sba has neither paid nor promised any firm or corporation any discouof, rebate conet°ma~or tbe purpose nofewasc.~~_~.g this advertl ion In the said 5 s o jt %,ubecri before. . ........ day of ............................................................ , A.D. 19 ...... (SEAL) Octalma V. Fe,t~e~ ~ CITY OF AVENTURA PUBLIC NOTICE OF PROPOSED ORDINANCE NOTICE IS HERESY GIVEN that on Tuesday, me 7th day of September, 1999. at a meeting of the City Commission of the City of Aventura. to be herd at 6:00 p.m. in the Commission Mooting Room at the Biscayne Medical Arts But[ding, 21110 Biscayne Boulevard, Suite 101. Aventura. Fledda. the City Commission will consider the a6option of the fallowing Ordinance on second reading, entitled: ' AN ORDINANCE OF THE CITY OF AVENTURA. FLORIDA, RELATING TO AD VALOREM TAXATION: PROVIDING FOR AN ADDITIONAL HOMESTEAD EXEMPTION FOR CERTAIN QUALIFYING SENIOR CITIZENS TO BE APPLIED TO MILLAGE RATES LEVIED BY THE CITY. PROVIDING REQUIREMENT OF ANNUAL APPLICATION AND SUBMISSION OF SUPPORTING DOCUMENTATION; PROVIDING FOR WAIVER OF EXEMPTION; PROVIDING FOR AN ANNUAL NCREASE IN THE INCOME LIMITATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR EFFECTIVE gATE. The pmpoasd Ordinance may ba inspected by me public at the Office of the City Clerk, 299S N.E 191st Street. Suite 500 Aventura Florida. interested parties ~ appear at the Public Hearing and ba heard with respect to the 0mooood Ordinance, Any person wishing to a(3drass the City Commission on any item at this Public Hoor[ng is asked to register with the City Clerk prior to that item being neat~. In accordanca with the Americans with Disabilities Act of 1990. all persons who are disabled eno who noDe special eccomme(~at[ons to partibipa e in this proceeding because of that diasbi[ity should contact the Office of the City Clerk, 305-466-8~01, not ater than two business days pdor to such proceedings, If a person dec~des to appeal any decision made by the City Commission with respect to any matter considered .at a meeting or baating, that person wilt need a record of the pmcaedings and, for such purpose, may need to ensure that a verbatim record of the proceed ngs is made, which record includes the testimony and evidence upon which the appeal is to be base . Dated August 5, 1999, Teresa M. Somka, CMC/AAE, City Clerk 8/5 99-4-080,~8M (16E ",])A IT~M.-3 September I, 1999 City of A ventura Community Development Department 2999 N. E. 19lth Street, Suite 500 Aventura, Florida 33180 RF.:CEIVED ::: J 7 i';.~~ GOMM1HJJ lY CiE.vl.LvrMtIU Dear Sir/Madam: This letter is in response to the proposed variance known as 08V AR99, Applicant Name: Marina Tower of Turnbeny for the installation of an above ground 500 gallon fuel tank. As resident owners of 19877 East Country Club Drive, a condominium located directly across the Inter-coastal waterway from the proposed site. We believe installation of such a unit would undoubtedly restrict and hinder the beauty of the Vista's currently enjoyed by ourselves, and other residents. We paid a premium for such a view. Additionally this unit would certainly lower our property value, which is of grave concern to us. We strongly resist the installation of this unit in the proposed site. We would like to be informed regarding other possible sites where the unit might be located. Also, if indeed the present proposed site is approved, contrary to public resistance, what if any would be the plans for concealing the unit from gross public view. Please respond to our exception and advise as to the outcome of the hearing set for Tuesday, September 7, 1999. 10200 Gary Road Potomac, Maryland 20854 VIEW OF PROPOSED LOCATION INSIDE PERIMETER WALL (BEHIND PROPOSED 5' HIGH NEW WALL, BEHIND PALM TREES AND SHRUBS) 08-VAR-99 VIEW FROM TURNBERRY WAY OF PROPOSED LOCATION (BEHIND WALL) 08-VAR-99 VIEW FROM YACHT CLUB WAY OF PROPOSED LOCATION (BEHIND WALL) 08-VAR-99