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06-05-2001 CC Meeting Agenda City r..nrnrn;_ina Jeffrey M. Perlow, Mayor The City of AVentura ~ ~~. City MJU1JIgCT Eric M. Soroka Arthur Berger Jay R. Beskin Ken Cohen Manny Grossman Harry Holzberg Patricia Rogers-Libert City Cierk Teresa M. Soroka, CMC City Attom~v Weiss Serota Helfman Pastoriza & Guedes AGENDA JUNE 5, 2001 - 6 PM Government Center 19200 West Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M. QUASI-JUDICIAL PUBLIC HEARINGS -Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to comment upon any of these items, please inform the Mayor when he requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will not be considered. The general public will not be permitted to cross-examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA GRANTING APPROVAL OF MUL TI- TENANT CENTER SIGN GRAPHICS CRITERIA FOR SIGNAGE AT LOEHMANN'S FASHION ISLAND SHOPPING CENTER LOCATED ON THE EAST SIDE OF BISCA YNE BOULEVARD BETWEEN NE 187 STREET AND NE 191 STREET; PROVIDING FOR AN EFFECTIVE DATE. June S, 2001 emnnn..... Meeting 4. AGENDA: Requesl for Deletions/Emergency Additions 5. SPECIAL PRESENT A TIONS: Certificates of Appreciation to Charter Revision Commission 6. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. A. APPROVAL OF MINUTES: May 1, 2001 Commission Meeting May 24, 2001 Workshop Meeting B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA ACCEPTING AND ADOPTING THE ELECTION RESULTS OF THE MAY 15, 2001 MUNICIPAL SPECIAL ELECTION, AS CERTIFIED BY THE CITY CLERK AND ATTACHED HERETO; PROVIDING AN EFFECTIVE DATE. (Approves and adopts May 15, 2001 Election results certified by City Clerk) C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA PROVIDING THE DEDICATION OF A DRAINAGE EASEMENT FROM A VENTURA MALL VENTURE TO THE CITY OF AVENTURA: AUTHORIZING THE CITY MANAGER DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR EFFECTIVE DATE. (Provides for dedication of a portion of private property to the City to allow access and maintenance of offsite drainage outfall) D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, SELECTING THE FIRM OF CRA VEN THOMPSON & ASSOCIATES, INC. TO PERFORM PROFESSIONAL CONSULTING SERVICES RELATIVE TO RFP NO. 01-5-04-2, GENERAL PROFESSIONAL ENGINEERING SERVICES; AUTHORIZING THE CITY MANAGER TO NEGOTIA TE THE TERMS AND FEES FOR SAID SERVICES; AUTHORIZING NEGOTIATIONS WITH ALTERNATE FIRM TO PERFORM THE REQUIRED SERVICES SHOULD NEGOTIATIONS WITH SELECTED FIRM BE UNSUCCESSFUL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (Selects firm of Craven Thompson & Associates to perform professional consulting engineering services) 2 June S, 2001 rnmnn..... Meeting E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF A VENTURA AND THE CITY OF FLORIDA CITY FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. (Authorizes City Manager to execute Mutual Aid Agreement with City of Florida City for law enforcement activities) F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (Declares certain property in the Police Department as surplus) G. MOTION AUTHORIZING THE APPROPRIATION OF UP TO $29,000 FOR SPECIALIZED TRAINING, FORFEITURE EXPENSES, REMOVAL OF OLD POLICE DEPARTMENT SIGN, CRIME PREVENTION ACTIVITIES AND EQUIPMENT AND TRAINING EQUIPMENT EXPENSES FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. (Authorizes appropriation of monies from Police Forfeiture Fund) H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN MARINER VILLAGE 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. (Authorizes City Manager to execute Traffic Control Jurisdiction Agreement with Mariner Village) I. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, ESTABLISHING PROCEDURES 3 June S, 2001 rnrrnm..;.., Meeting FOR THE APPOINTMENT OF MEMBERS TO ADVISORY BOARDS; AND PROVIDING AN EFFECTIVE DATE. (Provides procedures for appointment of advisory board members) J. MOTION TO APPROVE CITY MANAGER'S PERFORMANCE EVALUATION PACKAGE AS OUTLINED ON EXHIBIT "A". K. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION "EXHIBIT D" FOR COMMUNITYIRECREATION CENTER PHASE II ARCHITECTURAL AND ENGINEERING SERVICES BY AND BETWEEN THE CITY OF A VENTURA AND BERMELLO, AJAMIL & PARTNERS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (Authorizes City Manager to execute Work Authorization with Bermello, Ajamil & Partners for Phase II design and construction administration of Community/Recreation Center) L. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE, SUBJECT TO ANNUAL REVISION AND AUTHORIZATION, THE CITY OF AVENTURA CAPITAL IMPROVEMENT PROGRAM DOCUMENT FOR FISCAL YEAR 2001/02 TO 2005/06; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (Accepts and adopts Capital Improvement Program document for F/Y 2001/02 - 2005/06) M. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA APPROVING A VENTURA CORPORATE CENTER PLAT, BEING A REPLAT OF TRACTS C, D AND PART TRACT E, BISCAYNE WATERWAYS-FIRST ADDITION, PLAT BOOK 126, PAGE 18 AND LOTS 1-11 INCLUSIVE AND LOTS 37-42 INCLUSIVE, BLOCK 10, HALLANDALE PARK NO. 9 AND A PORTION OF NE 208 TERRACE BETWEEN BLOCKS 10 AND 11, HALLANDALE PARK NO.9 AND A 10' ALLEY IN BLOCK 10, HALLANDALE PARK NO.9, PLAT BOOK 23, PAGE 26, CITY OF A VENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. (Approves A ventura Corporate Center Plat) 4 June S, 2001 rnmnUooinn Meeting N. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, SELECTING THE FIRM OF C.A.P. ENGINEERING CONSULTANTS, INC. TO PERFORM BUILDING, PUBLIC WORKS AND ENGINEERING INSPECTION AND REVIEW SERVICES RELATIVE TO ISQ NO. 01-4-19-2; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS AND FEES FOR SAID SERVICES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (Selects firm of C.A.P. Engineering Consultants, Inc. to perform building, public works and engineering inspection and review services) O. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, APPROVING THE TRANSFER OF THE INTERLINK COMMUNICATIONS PARTNERS, LLC. D/B/A CHARTER COMMUNICATIONS ("CHARTER") CABLE FRANCHISE TO TCI CABLE PARTNERS OF ST. LOUIS, L.P. D/B/A AT&T BROADBAND ("AT&T BROADBAND") AND PROVIDING AN EFFECTIVE DATE. (Approves transfer of cable franchise from Charter Communications to AT&T Broadband) P. MOTION TO AUTHORIZE CITY ATTORNEY AND CITY MANAGER TO PREPARE EMINENT DOMAIN RESOLUTION FOR ACQUISITION OF THE TEMPEST PARCEL, 3333 NE 188TH STREET. 7. ORDINANCES - FIRST READINGIPUBLIC INPUT: A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 2 "ADMINISTRATION" - ARTICLE III "ADVISORY BOARDS" TO REPEAL DIVISION 2 "BEAUTIFICATION ADVISORY BOARD" AND DIVISION 3 "RECREATION AND CULTURAL ARTS ADVISORY BOARD"; AND REPLACE THEM WITH NEW DIVISION 2 ENTITLED "COMMUNITY SERVICES ADVISORY BOARD"; PROVIDING FOR CREATION; PROVIDING FOR COMPOSITION AND QUALIFICATIONS; TERM OF OFFICE; ADVISORY CAPACITY; RULES OF PROCEDURE; JURISDICTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. 5 June S, 2001 rnmnn..... Meeting B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, PROVIDING FOR THE CREATION OF THE CITY OF A VENTURA ECONOMIC DEVELOPMENT ADVISORY BOARD; PROVIDING FOR CREATION; COMPOSITION AND QUALIFICATIONS; TERM OF OFFICE; ADVISORY CAPACITY; RULES OF PROCEDURE; JURISDICTION; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE; AND PROVIDING AN EFFECTIVE DATE. 8. PUBLIC HEARING: ORDINANCES - SECOND READING: A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 34 "PLANNING AND ZONING", AMENDING ARTICLE II "QUASI-JUDICIAL MATTERS" TO REPEAL 34-31 "EX PARTE COMMUNICATIONS WITH PUBLIC OFFICIALS," SECTION 34-32 "HEARING PROCEDURES," AND REPLACE WITH NEW SECTIONS 34-31 THROUGH 34-39 REGARDING QUASI- JUDICIAL DEVELOPMENT ORDERS; RENUMBERING EXISTING SECTION 34-33 "PUBLIC STATEMENTS BY COMMISSIONERS" TO BECOME SECTION 34-40; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING CHAPTER 26 ENTITLED "ELECTIONS", BY AMENDING ARTICLE I. "IN GENERAL" - SECTION 26-1 "CANVASSING OF ELECTION RETURNS; CERTIFICATES OF ELECTION" TO PROVIDE FOR ADDITIONAL INDIVIDUALS TO SERVE WITH THE CITY CLERK IN THE CANVASSING OF ELECTION RETURNS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. 9. RESOLUTIONS: None. 10. OTHER BUSINESS: None. 11. PUBLIC COMMENTS 12. REPORTS 13. ADJOURNMENT 6 June S, 2001 rnrrnm..;.., Meeting SCHEDULE OF FUTURE MEETINGS/EVENTS COMMISSION WORKSHOP JUNE 20, 2001 9AM COMMISSION MEETING JULY 3, 2001 6PM COMMISSION WORKSHOP JULY 19, 2001 9AM All meetings are now held at Government Center, 19200 West Country Club Drive, Aventura, FL 33180. 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 participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such 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. Agenda items may be viewed at the Office of the City Clerk, City of Avcntura Government Center, 19200 W. Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-8901. 7 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM FROM: TO: City Commission BY: Brenda Kelley, DATE: May21,2001 SUBJECT: Request of Loehmann's Fashion Island for Multi-Tenant Center Sign Approval Biscayne Boulevard between NE 187 Street and NE 191 Street (01-MTC-00) June 5, 2001 City Commission Meeting Agenda Item 3 RECOMMENDATION It is recommended that the City Commission approve the Multi-Tenant Center Sign criteria entitled "Loehmann's Fashion Island" Sign Criteria dated January 17, 2001 prepared by SEC Commercial Realty Group Inc., with the conditions as outlined herein. THE REQUEST The applicant, SEC Commercial Realty Group Inc., on behalf of Loehmann's Fashion Island, is requesting approval of multi-tenant center signage for the retail plaza fronting on Biscayne Boulevard and bounded by NE 187 Street to the south, NE 191 Street to the north and NE 29 Avenue to the east. The sign package includes detached/freestanding signs, wall signs, window signs, directory signs, canopy signs, awning signs, directional signs, flagpoles, menu boards and portable signs. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY The Prudential Insurance Company LOCATION OF PROPERTY Biscayne Boulevard between NE 187 Street and NE 191 Street (see Exhibit #2 for Location Map) LOT SIZE 27.10 acres LEGAL DESCRIPTION A portion of Tracts A and B and all of Tract C of "Regina Square Subdivision" according to the plat thereof as recorded in Plat Book 113 at Page 27 of the Public Records of Miami-Dade County, Florida ZONING TC1 (Town Center) District FUTURE LAND USE Town Center DESCRIPTION Section 31-191 (i)(1) provides that: "The owner of a multi-tenant center, or their authorized representative, may choose to comply with the standards for non-residential district signs, or, alternatively, apply for approval as a multi-tenant center as described below. a. The owner of a multi-tenant center shall submit to the City Manager a written statement of the uniform sign graphics criteria for the multi-tenant center (the "criteria'). The City Manager shall review the criteria, make a recommendation and submit the criteria, along with a recommendation to the City Commission for final approval. Once the criteria have been approved, they shall apply to the entire multi-tenant center, as well as to each individual occupant, and shall remain in effect for so long as the multi-tenant center exists, regardless of a change in ownership or management, unless and until the owner obtains approval to amend the criteria from the City Commission. The criteria for each multi-tenant center shall include, but not be limited to, color(s), type of signs, style of letters, size of letters (maximum and minimum) and size of signs. b. An application to erect any sign for any portion of a multi-tenant center shall include and comply with the criteria established for the multi-tenant center, a sketch of the proposed sign and the written consent of the owner of the multi-tenant center for the proposed sign." SEC Commercial Realty Group, Inc., as manager of the plaza on behalf of Prudential Insurance Company, has submitted the sign criteria package attached as Exhibit #3 to this report. 2 ANALYSIS The Community Development Department supports this request for a multi- tenant center sign approval, with the conditions listed following this analysis. The applicant has been working with staff to prepare the sign criteria package, which was originally submitted on May 4, 2000. Several revisions have been made since that time. I. DETACHED/FREESTANDING SIGNS There are currently five freestanding entrance signs serving seven entrances at this plaza, located as follows: 1. The main entrance sign on Biscayne Boulevard, measuring 27'9" high and 10' wide for an overall size of 278 square feet; and 2. A secondary sign at the northerly entrance on Biscayne Boulevard measuring 27'9" high and 10' wide for an overall size of 278 square feet (Note that this sign is proposed to be relocated to the center island of the entry road); and 3. A secondary sign at the southwest entrance on NE 187 Street, measuring 19' high and 7'6" wide for an overall size of 143 square feet; and 4. A secondary sign at the southeast entrance on NE 187 Street, measuring 19' high and 7'6" wide for an overall size of 143 square feet; and 5. A secondary sign at the north interior drive (Publix parking area), measuring 19' high and 7'6" wide for an overall size of 143 square feet. The applicant is requesting two additional freestanding signs similar in design and size to the existing secondary signs to be located at the NE 191 Street entrance and at the NE 29 Avenue entrance to the plaza. Each entrance to the site will then have a sign to properly direct the public to the appropriate driveway and parking area. In its first submission, the applicant had proposed to demolish the existing freestanding signs on the property and erect in their place, 48 square foot monument signs with white and green base and red lettering. Staff feels that removal of the uniquely designed freestanding signs on the Loehmann's site would be loss of a City landmark and is therefore recommending that the existing and proposed signs be approved as part of this plaza's multi-tenant center signs. Staff had suggested that the existing signs be reduced in height by removing some of the pole at the bottom of the sign, however, the applicant advised that 3 this was not structurally possible without a complete reconstruction of the sign. Staff recommends that the two new signs, one at the north entrance on NE 191 Street and one at the east entrance on NE 29 Avenue, be reduced by a minimum of 4' feet. This would be a 15' height maximum similar to Regional Mall entry signs as permitted by the Sign Code. The remaining two freestanding signs are: 1. The sign on the entrance feature at the easterly end of the main entrance on Biscayne Boulevard, with sign copy area of 109 square feet; and, 2. The AMC theatre sign at the northeast corner of Biscayne Boulevard and NE 187 Street, measuring 18'6" high and 31'6" wide for an overall size of 583 square feet. The entry feature sign is an important architectural feature and staff recommends that it be permitted as part of the sign package. The AMC theatre sign is a changeable copy sign permitted by Section 31-171 (i)(3)b of the City Code. The Code permits a changeable copy sign for theatres at 40 square feet for a single screen and 10 square feet for each additional movie screen. The AMC at this location has 16 screens and would therefore be permitted a sign measuring 40 + 150, or 190 square feet. Although the overall size of the sign, measured according to the Code from the ground to the highest point and the overall width is 583 square feet, the changeable copy area is 170 square feet and the rest of the sign is composed of architectural features and decorative treatment with "Fashion Island" logo to match all other freestanding signs. The owner has agreed to install screens on the bottom of this sign that are more transparent than the existing screens to improve the aesthetics of the sign. Staff recommends that this sign be approved only for use by AMC 16 Theatres and if this tenant vacates, that the complete sign be removed. II. ENTRY FLAGS The applicant is requesting that the six entry flagpoles be permitted as part of the multi-tenant center sign criteria. It is staff's opinion that these six flagpoles with two multi-colored flags each do not serve any directional purpose and are attention-getting devices prohibited by Section 31-171 (c) (9) of the City Code. The City Code permits two flagpoles on a non-residential parcel, not to exceed 35' high with a flag size not to exceed 40 square feet, only where the flags are not utilized as prohibited attention-getting devices. Staff is recommending that two flagpoles be permitted, not to exceed 35' high, if the flags to be displayed are not for attention-getting purposes, that is, to fly a federal, state or municipal flag. 4 III. TENANT SIGNS After numerous discussions between staff and the applicant, the tenant sign criteria has been divided into two categories, those are, exterior visibility elevations that are visible from the public rights-of-way and interior/courtyard elevations, which are not visible from the street. The site plan attached as Exhibit #4 shows the exterior visibility elevations as noted, as proposed by the applicant. All other tenant spaces would be considered interior/courtyard. Staff recommends that the southerly elevation of the Publix store also be included in the exterior visibility criteria since this elevation is clearly visible from NE 29 Avenue. Tenant signage includes wall signs, window signs, canopy signs, awning signs, portable signs, grand opening and special event banners, and framed menu boards for restaurants. The Sign Criteria proposes that all exterior visibility elevations be subject to the City's Sign Code in all respects. All interior/courtyard elevations will be subject to the City's Sign Code as it relates to wall signs, except that an interior/courtyard tenant may erect additional signage described in the General Signage Criteria with Landlord approval. The Sign Criteria also proposes that all existing interior sign age be permitted as part of the Multi-Tenant Center Sign approval. The existing interior signage is listed on Pages 5 and 6 of Exhibit #3. The applicant is also requesting approval for the following exterior visibility wall signs that are existing but do not comply with the City's Sign Code: 1. Einstein Bros. Bagels channel letter sign in brown frame on the west elevation. The existing sign is 46 square feet with 36 square feet of tenant frontage, or 10 square feet oversize. This tenant also has a similar sign on its north elevation, which is proposed to be considered as an interior/courtyard sign. 2. Ruby Tuesday channel letter sign on the west elevation. The existing sign is 55 square feet with a tenant frontage of 50', or 5 square feet oversize. This tenant also has a similar sign on its east elevation, which is proposed to be considered as an interior/courtyard sign. 3. Barnes and Noble Bookstore channel letter signs on the west and south elevations. The existing sign on the west side is 123 square feet with a tenant frontage of 125 feet and complies with the City Code, however, the sign on the south elevation is a secondary sign permitted for corner locations at 50% of the size of the primary sign. The Code would permit a sign on the south elevation at 76.5 square feet, whereas the existing sign is 153 square feet. There is one additional wall sign on the south 5 elevation, which is proposed to be removed. This tenant also has a wall sign and logo sign on the north elevation, which are to be considered as interior/courtyard signs. 4. AMC 16 Theatres channel letter and changeable copy sign on the east elevation. The applicant proposes to reduce the overall size of the sign from 378 square feet to 121 square feet by reducing the size of the channel letters, moving the two changeable copy areas closer together and adding decorative grillwork and bird logos to match the main entrance sign. The applicant has also requested approval of the existing exterior wall signs for the Loehmann's storefront, Rochester's Big & Tall and Men's Wearhouse, along with the wall sign, logo sign and menu board for the Burger King building. Based on the information provided by the applicant, all of these existing signs comply with the City's Sign Code. The International Jewelers Exchange sign is proposed to be replaced with a 63 square foot channel letter sign for 141 feet of tenant frontage, which will also comply with the Code. The applicant has included a request for a channel letter sign for Publix on the east elevation (NE 29 Avenue) of its store. If the sign criteria is approved as detailed in this report, this exterior sign will be permitted as it will be an exterior sign that complies with the City Sign Code. The existing Publix sign on the west elevation is proposed to be considered as an interior/courtyard sign. IV. DIRECTORY SIGNS There are presently four directory signs in the interior of the plaza in the locations shown on the site plan attached as Exhibit #4. These three-sided freestanding 4' high by 3' signs index the names and locations of tenants of the plaza. V. DIRECTIONAL/INSTRUCTIONAL SIGNS AND SHOPPING CENTER SIGN HOLDERS The General Signage Criteria proposes that exterior and interior directional/instructional signs be permitted, with interior signs allowed advertising copy. There currently exists a maximum of fifteen portable metal frame sign holders, 5' high and 2' wide, that are used to post mall rules and regulations, special promotions and notices and interior directory. The applicant has agreed that the existing metal frame sign holders would serve the purpose for directional signage and the request for "directional/instructional" signs noted as Items E and F on Page 8 of the "General Signage Criteria" is deleted. 6 The following table compares the "General Signage Criteria" requested by the applicant for its interior/courtyard tenants to the City Code. Type of Sign Proposed Size Proposed Number Size & Number Permitted bv Code Wall Signs 1 square foot Each elevation 1 square foot for for each 1 each 1 lineal foot lineal foot of of tenant frontage tenant 1/store or 2/corner frontaae or throuah location Canopy Sign 5 square feet 1 per store 4 square foot max maximum 1 per store Awning Sign 10" letters to 1 per awning 1 per store be applied in 6 square foot max center of 9" letters awning valance Directory Sign 32 square feet 4 directory signs 32 square feet 1 per multi-tenant center Community Service Not specified As authorized by Not permitted by Special Event Sign or Landlord Code Banner Neon Sign 25% of 25% of window Not permitted by window area area Code Portable Sign 4' height and As authorized by Not permitted by 3'width Landlord Code Window Sign 4" letters 10% of each 1 sign 12" logos window pane 4 square foot max Temporary Window 10% of 12 signs per 10% of window Sign window area calendar year area to 10 square to 10 square foot max for 14 foot maximum days with 5 signs for 14 davs oer calendar vear Grand Opening 30 square feet 30 days 30 square feet Banner 4' high 4' high 14 davs Framed menu boards 3' height and As authorized by Not permitted by 4' width Landlord Code 7 CONDITIONS OF APPROVAL The Community Development Department recommends approval of the Multi- Tenant Center Sign Criteria dated January 17, 2001 and the Sign Package dated January 10, 2001 prepared by SEC Commercial Realty Group Inc., for Loehmann's Fashion Island, with the following conditions and/or amendments: 1. The south elevation of the Publix store be added to the exterior visibility elevations on the Site Plan. 2. Both the freestanding AMC 16 Theatre sign at the northeast corner of Biscayne Boulevard and NE 187 Street and the changeable copy wall sign on the east elevation be removed if this tenant vacates. 3. The freestanding AMC 16 Theatre sign be fitted with transparent security screens within thirty days of the date of the resolution. 4. The size reduction and decorative grillwork to the AMC 16 Theatre sign on the east elevation of the plaza be completed within three months of the date of the resolution. 5. The two new freestanding entry signs be reduced to a maximum height of 15 feet. 6. Decorative flagpoles on the Biscayne Boulevard main entrance drive be removed within thirty days of the date of the resolution. 7. The description of portable signs in Section I. of General Signage Criteria be amended to read that portable signs must not obstruct any drive aisle and must be placed no farther than 3' from the tenant's front door. 8. The description of "Freestanding Shopping Center Sign Holders" on Page 6 of the Sign Criteria be amended to read "Portable, Metal Frame, 5' high and 2' wide". 9. The "Directional/lnstructional Sign" and "Courtyard Directional/lnstructional Sign" Items E and F on Page 8 of "General Signage Criteria" be deleted. 10. All new tenants applying for new wall signage be required to comply with the City's Sign Code for those frontages (facades) facing a public street. 11. This approval be granted exclusively to the existing Loehmann's Fashion Island Shopping Center in its current configuration. Any redevelopment of the center will invalidate this multi-tenant center sign approval. 8 LOEHMANN'S FASHION ISLAND Biscayne Boulevard and NE 187th Street Sign Criteria Prepared by: SEC Commercial Realty Group, Inc. Frank J. Cola tosti, CSM, Property Manager January 17,2001 We are proposing and submitting approval of Loehrnann's Fashion Island as a Multi-Tenant Center. Consisting of 288,013 square feet of Gross Leasable Area, including four anchors, Loehrnann's, Publix, Barnes & Noble and AMC's 16-screen theatre. The Total site is 27.10 acres. There are seven (7) entrances to the shopping center. Our signage package is divided into two (2) separate categories. The first is the Exterior Visibility Si2na2e. This includes all buildings and signage visible from the main roadways. See site plan, which indicates exterior visibility. The second is the Interior Courtyard Si2na2e, including all storefronts and signs not visible from the roadways, most of which face the interior courtyards. Page 2 Loehmann's Sign Criteria January 17,2001 EXTERIOR VISABlLITY SIGNAGE We believe that it is important to maintain the architectural integrity of the shopping center. Not to create a hog pog of signage that will distract from the total architectural rhythm of the site. ENTRANCE SIGNS Currently we have five entrance signs, listed as follows: . Two (2) on Biscayne Boulevard, the first at the Main entrance, the second at NE 28th Avenue. Currently the second is located on the Jaffe Building parcel. We are proposing relocating the sign to the N.E. 28th Avenue median. . Two (2) on NE l87th Street, the first at the Barnes and Noble entrance, the second at the AMC entrance. . The fifth sign is at the center point entrance on NE 28th Avenue. The road in an internal road inclusive ofthe property boundaries. See site plan attached for site location. We propose to add two (2) new entrance signs as follows: . The first addition would be at the entrance in the center island ofN.E. 28th Avenue at NE 191 Street. . The second addition would be at the rear theatre entrance on NE 29th A venue, to be located in the south side of entrance island. SEE DRAWING EV-l We believe that the additional signage is imperative to gain the proper exposure on each highway bordering the shopping center. Automobile traffic has escalated on both NE 29th Avenue and NE 191st Street and will continue to do so. However, we have no signage along these roads to notify potential customers of our existence and of where to enter the property. See site plan attached for site location. A variance is requested to allow the existing entrance signs to remain and not be removed or replaced by monument signs. Further, that the two (2) new entrance signs be constructed as duplicates in design to the existing entrance signs. The major renovation of the shopping center was in 1992 and 1993 including unusual and unique architectural features, such as the entrance signs, the entrance awning/feature in front of Loehmann's and flags that created a unique architectural signature for the shopping center. To change any single architectural design would destroy the continuity of the design and remove the architecture identifying the shopping center. Page 3 Loehrnann's Sign Criteria January 17,2001 EXTERIOR VISABILITY SIGNAGE ENTRANCE FEATURE This unique feature positioned as a main entrance feature consists of fountains, a covered arched awning 28 feet in height. The entrance face includes an architectural medallion and a sign above it, which reads LOEHMANN'S. We seek approval for the sign as is. SEE DRAWING EV-2 AMC THEATRE Free Standing Sign Located at the comer of Biscayne Boulevard and NE 187th Street. This sign meets the new signage criteria, for movie theatres. The sign design is also consistent with the overall architectural design as mentioned above. SEE PHOTO EV-3 ENTRANCE FLAG POLES and FLAGS These six (6) flag poles are a continuation of the architectural design and integrity of the signage package of the center renovation. The flag poles are located in the main entrance center island and in line with the main entrance sign. Each pole has two (2) architecturally designed flags that complement the entrance sign and continues the integrity originally put forth by the architects. We request a variance for both the poles and flags so as to maintain the architects original design concept. SEE PHOTO EV-4 WALL and BUILDING SIGNS Following is a list of individual store wall or building signs that can be seen from the roadways. The list is separated in two (2) sections, the first listing are signs installed at the time of the renovation and prior to the new sign ordinance. The second list will be signs installed after the renovation and with the City of A ventura approval. Page 4 Loehrnann's Sign Criteria January 17,2001 EXTERIOR VISABILITY SIGNAGE Wall and BuildiDl:~ Signs prior to City Criteria: Location Sign Type Drawing Designation EV-5 Loehrnann's Storefront Barnes & Noble bookstore West Elevation South Elevation Ruby Tuesday International Jeweler's Exchange Einstein Bros. Bagels AMC 16 Theatres South Elevation Channel Letters Channel Letters Channel Letters Channel Letters Channel Letters Channel Letters Channel Letters EV-6 EV-7 EV-9 EV-IO EV-ll EV-12 We request approval of each of the above signs as is. Wall and Building Signs approved by the City of Aventura: Rochesters Big & Tall West Elevation Men's Wearhouse West Elevation Channel Letters EV-13 Channel Letters EV-14 Each of the above signs has had prior city approval. New or modified wall signs: . AMC 16 Theatres- East Elevation: Currently the logo sign is channel letters with two (2) boxes below the logo for changeable letters. We propose to reduce the overall size of the signs and to add a three dimensional feature that duplicates the design of the main entrance feature and continues the architectural integrity of the shopping center. We request approval of this addition. SEE DRAWING EV-15 . A new wall sign, with Publix logo and channel letters, to be installed on the east elevation. The continued increased auto traffic on NE 29th A venue justifies additional signage for this store. We request approval of this addition. SEE DRAWING EV-16 . We feel it is important that these two signs are available to the customer. To direct them first to park in the east parking lot and then to direct them to these two anchors. Page 5 Loehrnann's Sign Criteria January 17,2001 EXTERIOR VISABILITY SIGNAGE Burger King This freestanding building with logo signage and menu board signage. We propose approval of the existing signage as is. SEE PHOTOS EV-18, 19 & 20 Additional Signage notations: . No neon sign will be allowed at storefront windows visible from the roadways. . Storefront window signage will be allowed per the general criteria. SEE DRAWING GC-4 . Barnes & Noble Bookstore window box sign "Cafe" sign, located in the west elevation window, we request approval, as is. SEE PHOTO EV -17 . Grand opening banner will be allowed per the general criteria. SEE DRAWING GC-4 . Free standing informational signs. IE: no parking, towing service signs, thank you for shopping. SEE PHOTO EV-21 INTERIOR COURTYARD SIGNAGE This includes all signage not visible from Biscayne Boulevard, NE 187th Street, NE 29th Avenue and NE 191" Street. Following is a listing of all existing wall and building signs: Sign Type Drawing Designation Location Barnes & Noble Bookstore-North Courtyard Entrance Channel Letters Barnes & Noble Cafe Box Sign Sprint- North Elevation Channel Letters Ruby Tuesday-East Elevation Channel Letters Rochesters Big & Tall-South Elevation Channel Letters Prezzo-North Elevation Channel Letters International Jeweler's Exchange West Elevation Fish 54-North Elevation Einstein Bros. Bagels-North Elevation Publix-Pharmacy-Bakery-West Elevation IC-l IC-2 IC-3 IC-4 IC-5 IC-6 Channel Letters Channel Letters Channel Letters Channel Letters IC-7 IC-8 IC-9 IC-I0 We request approval of all the existing signage. Page 6 Loehrnann's Sign Criteria January 17th, 2001 INTERIOR COURTYARD SIGNAGE Additional ExistinjZ Courtyard SijZnajZe: Location Sign Type Prezzo logo - Awning sign North Elevation Painted on Awning front See attached Havana Logo North Elevation Painted on Awning front Shopping Center Directory Signs Free standing, Interior lighted Free standing shopping center sign holders. Ten (10) to fifteen (15) signs for posting in-house promotions, rules and regulations, city trespassing ordinance guidelines, interior directory, etc. Any style as long as all are the same. Storefront window signage See General Criteria attached. Each business storefront window. Under canopylBlade Sign See General Criteria attached. Under each store's awning, perpendicular to the storefront. Window Temporary Sign See General Criteria, attached. Promotional or Sale signs in window. Movie theatre outside vestibule Ad displays with neon Movie theatre outside vestibule Ceiling with neon Public restrooms restroom blade sign We request all of the existing signage approved as is. Drawing Designation IC-ll IC-12 IC-13 IC-15 IC-16 IC-17 Page 7 Loehrnann's Sign Criteria January 17,2001 INTERIOR COURTYARD SIGNAGE Additional Optional Courtyard Sie;nae;e: . Framed menus attached adjacent to restaurant entrances. SEE PHOTO IC-14 . Sandwich signs to be used by restaurants only. See General Criteria and Drawing attached. . Canopy signs - see General Criteria . Neon signs . Grand opening banner . Awning signs All of the above signs will be incorporated into the property signage approval. GENERAL SIGNAGE CRITERIA A. Wall Signs - Permitted on walls facing external, internal, access roads and internal courtyards. The criteria for the signs will be the same as the current city ordinance. Each Tenant is allowed a sign on each of its exterior elevations. B. Canopy Sign or Blade Sign - Located hanging underneath the pedestrian shelter awning or canopy and perpendicular to the building. Required of each Tenant except the four anchors and out parcel. Sign may be supplied by Landlord at Landlord's option. Sign face 30" wide and 24" deep. Tenant applies copy, which must be approved by Landlord. SEE DRAWING GC-l c. Awning Sign - A sign placed on an awning that is supported entirely from the exterior wall of a building and composed of a non-rigid material, and a supporting framework. Optional with Landlord approval. Store name or Logo applied to awning valance. Graphics shall be silk screened onto awning, color by Tenant with Landlord approval. Tenant to provide artwork. Applied in the center of the valance and letters are 10" in height. SEE DRAWING GC-2 D. Directory Sign - A sign index consisting of the names and location of the Tenants. SEE DRAWING IC-13 Page 8 Loehrnann's Sign Criteria January 17,2001 INTERIOR COURTYARD SIGNAGE GENERAL SIGNAGE CRITERIA E. Directional/Instructional Sign - A sign, which guides or directs the public and contains no advertising. The name of the facility (such as store name) to which the sign provides direction may be included when specified conditions or the City of Aventura sign ordinance are met. Sign frames are 61" high and 26" wide, the sign face is 24" x 59". F. Courtyard Directional/Instructional Sign - Same as "E" above, but can include advertising. G. Community Service/Special Event, Sign or Banner - Any temporary signs or banner which advertises solely for a function or event. City permit required of each sign. H. Neon Sign - Any sign or building trim utilizing neon or other similar gas for illumination. No sign can encompass more than 25% of a storefront window and be readable from any external road. Landlord approval required. I. Portable Sign - Any sign not permanently attached to the ground or other permanent structure or any sign designed to be transported by means of wheels, skid-mount signs, signs converted to A or T frames, Menu and Sandwich Signs. Landlord approval required. Maximum height 4 feet and width of 3 feet. SEE DRAWING GC-3 1. Window Sign - A sign attached to or printed on the inside of store front window or door. Landlord approval required. Letters and logo's to be painted, silk screened, or gilded on back of glass, limited to 4" letters. Logo's may vary in size, not to exceed 12". Signage in each window pane not to exceed ten percent of each respective window or door. SEE DRAWING GC-4 K. Window Sign (Temporary) - 10% of window area up to a maximum of 10 square feet, time limit fourteen (14) days. Businesses or use shall be limited to twelve (12) such advertising signs per calendar year. L. Grand Opening Banner - Once per Tenant, allowed at time of Grand Opening of business. Displayed for a period not to exceed thirty (30) days. Maximum size of thirty (30) square feet and maximum height off our (4) feet. SEE DRAWING GC-5 RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF MULTI- TENANT CENTER SIGN GRAPHICS CRITERIA FOR SIGNAGE AT LOEHMANN'S FASHION ISLAND SHOPPING CENTER LOCATED ON THE EAST SIDE OF BISCAYNE BOULEVARD BETWEEN NE 187 STREET AND NE 191 STREET; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 31-191 (i)(1) of the City of Aventura Land Development Regulations permits the owner of a multi-tenant center or its authorized representative to comply with the standards for non-residential district signs or alternatively, apply for approval as a multi-tenant center; and WHEREAS, the applicant, SEC Commercial Realty Group, Inc., authorized representative of The Prudential Insurance Company, through Application No. 01-MTC-OO, is requesting approval of multi-tenant center sign graphics criteria for signage at Loehmann's Fashion Island Shopping Center located on the east side of Biscayne Boulevard between NE 187 Street and NE 191 Street; and WHEREAS, staff recommends approval of this request subject to conditions; and WHEREAS, the City Commission has held a public hearing; 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; and Resolution No. 2001-_ Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 01-MTC-00 for approval of the Multi-Tenant Center Sign Criteria dated January 17, 2001 and the Sign Package dated January 10, 2001 prepared by SEC Commercial Realty Group, Inc. for signage at Loehmann's Fashion Island Shopping Center located on the east side of Biscayne Boulevard between NE 187 Street and NE 191 Street, legally described as: A portion of Tracts A and B and all of Tract C of "Regina Square Subdivision" according to the plat thereof recorded in Plat Book 113 at Page 27 of the Public Records of Dade Country, Florida, is hereby granted subject to each of the following conditions: 1) The south elevation of the Publix store be added to the exterior visibility elevations on the Site Plan. 2) Both the freestanding AMC 16 Theatre sign at the northeast corner of Biscayne Boulevard and NE 187 Street and the changeable copy wall sign on the east elevation be removed if this tenant vacates. 3) The freestanding AMC 16 Theatre sign be fitted with transparent security screens within thirty days of the date of this resolution. 4) The size reduction and decorative grillwork to the AMC 16 Theatre sign on the east elevation of the plaza be completed within three months of the date of this resolution. Resolution No. 2001-_ Page 3 5) The two new freestanding entry signs be reduced to a maximum height of fifteen feet. 6) Decorative flagpoles on the Biscayne Boulevard main entrance drive be removed within thirty days of the date of this resolution. 7) The description of portable signs in Section I. of the General Signage Criteria be amended to read that portable signs must not obstruct any drive aisle and must be placed no farther than three feet from the tenant's front door. 8) The description of "Freestanding Shopping Center Sign Holders" on Page 6 of the Sign Criteria be amended to read "Portable, Metal Frame, 5' high and 2' wide". 9) The request for "Directional/Instructional Sign" and "Courtyard Directional/Instructional Sign", Items E and F on Page 8 of the General Signage Criteria be deleted. 10) All new tenants applying for new wall signage be required to comply with the City's Sign Code for those frontages (facades) facing a public street. 11) This approval is granted exclusively to the existing Loehmann's Fashion Island Shopping Center in its current configuration. Any redevelopment of the center will invalidate this multi-tenant center sign approval. 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. Resolution No. 2001-_ Page 4 Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow PASSED AND ADOPTED this 5th day of June, 2001. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this ,2001. day of CITY CLERK A'!he CIty 01 .t'\.ventura ~ '...~"...' MINUTES CITY COMMISSION MEETING MAY 1, 2001 6 PM Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by Mayor Jeffrey M. Perlow. Present were Commissioners Arthur Berger, Jay R. Beskin, Manny Grossman, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Ken Cohen, Mayor Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorneys Richard Jay Weiss and David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Dan Eichmann led the pledge of allegiance. Mayor Perlow requested a moment of silence in memory of one of the City's Founders, Rubin Steiner. 3. ZONING HEARINGS: Ex-parte communications by Commissioners, if any, were disclosed and filed with the City Clerk in accordance with Ordinance 96-09. All witnesses giving testimony in these hearings were sworn in by the City Clerk. Mr. Weiss read the following resolution by title: MOTION AUTHORIZING CITY MANAGER TO EXECUTE AND CAUSE TO BE RECORDED AMENDMENT TO DECLARATION OF RESTRICTIONS FOR AVENTURA BAY VILLAS CORPORATION/GDC HOLDINGS, LLC, PREVIOUSLY RECORDED IN OFFICIAL RECORDS BOOK 18718 AT PAGE 3286 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. Brenda Kelley, Community Development Director, explained the request of the applicant and entered the staff report into the record. Mayor Perlow opened the public hearing. The following individuals addressed the Commission: Stanley Price, Esq., 2500 Financial Center, and Mike Molhall, 1800 Pembroke Drive, Orlando, both representing GDC Holdings, LLC. There being no further speakers, the public hearing was closed. A motion for approval was offered by Vice Mayor Cohen and seconded by Commissioner Holzberg. An amendment was offered by Mayor Perlow, seconded by Vice Mayor Cohen and unanimously passed to clarify that the time period for filing for site plan approval is 20 months from date of original Declaration. The motion, as amended, passed unanimously by roll call vote. 4. APPROVAL OF MINUTES: A motion to approve the minutes of the April 2 , 2001 Commission Planning Session, the April 3, 2001 Commission Meeting, and April 23, 2001 Commission Workshop was offered by Commissioner Berger, seconded by Commissioner Rogers-Libert and unanimously passed. 5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 6. SPECIAL PRESENTATIONS: Certificates of Appreciation were presented to David M. Carbone, CEO of Aventura Hospital and Medical Center (accepted by Jay Miranda and Ann Miner in Mr. Carbone's absence), and the Coronado Condominium Association (accepted by Commissioner Grossman) for the use of their facilities by the City of A ventu ra from 1996 to 2001 . 7. CONSENT AGENDA: Mayor Perlow requested removal of item 7B. A motion to approve the remainder of the Consent Agenda was offered by Commissioner Rogers-Libert, seconded by Commissioner Holzberg, unanimously passed and the following action was taken: B. Resolution No. 2001-25 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE CONVEYANCE DOCUMENTS TO MIAMI-DADE WATER AND SEWER AUTHORITY FOR WATER FACILITIES INSTALLED FOR AVENTURA GOVERNMENT CENTER; PROVIDING FOR RECORDATION; PROVIDING AN EFFECTIVE DATE. The following item was removed from the Consent Agenda and addressed separately: A. Mr. Weiss read the following Resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AMENDING RESOLUTION NO. 96 -18 WHICH ESTABLISHED COMPREHENSIVE COMMISSION MEETING AND AGENDA PROCEDURES, AS AMENDED BY RESOLUTION NO. 2000- 36; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert and seconded by Commissioner Holzberg. An amendment was offered by Mayor Perlow, seconded by Commissioner Rogers-Libert and unanimously approved to remove "Ordinances for First Reading" from Consent Agenda. An amendment was offered by Commissioner 2 Rogers-Libert, seconded by Commissioner Beskin and unanimously passed to strike in Section 3 of the Resolution the words "Public Hearing" and add at end "/Public Input" from No.6. The motion, as amended, passed unanimously and Resolution No. 2001- 26 was adopted. 8. PUBLIC HEARING: ORDINANCES - FIRST READING: A. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 34 "PLANNING AND ZONING", AMENDING ARTICLE II "QUASI-JUDICIAL MATTERS" TO REPEAL 34-31 "EX PARTE COMMUNICATIONS WITH PUBLIC OFFICIALS," SECTION 34-32 "HEARING PROCEDURES," AND REPLACE WITH NEW SECTIONS 34-31 THROUGH 34-39 REGARDING QUASI-JUDICIAL DEVELOPMENT ORDERS; RENUMBERING EXISTING SECTION 34-33 "PUBLIC STATEMENTS BY COMMISSIONERS" TO BECOME SECTION 34-40; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert and seconded by Vice Mayor Cohen. Mayor Perlow opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote. B. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 26 ENTITLED "ELECTIONS", BY AMENDING ARTICLE I. "IN GENERAL" - SECTION 26-1 "CANVASSING OF ELECTION RETURNS; CERTIFICATES OF ELECTION" TO PROVIDE FOR ADDITIONAL INDIVIDUALS TO SERVE WITH THE CITY CLERK IN THE CANVASSING OF ELECTION RETURNS A motion for approval was offered by Commissioner Rogers-Libert and seconded by Vice Mayor Cohen. Mayor Perlow opened the public hearing. There being no speakers, the public hearing was closed. An amendment was offered by Commissioner Berger, seconded by Commissioner Rogers-Libert and unanimously approved to provide in Section 1 that the judge selected be an "acting" judge. The motion for approval passed unanimously by roll call vote. 9. PUBLIC HEARING: ORDINANCES - SECOND READING: None. 3 10. RESOLUTIONS: None. 11. OTHER BUSINESS: None. 12. PUBLIC COMMENTS: The following individuals addressed the Commission: Art Grossman, West Country Club Drive; Sharon Perlow, Country Club Estates, who presented Mayor Perlow with a gavel from his son; and Krop Senior High student Arthur DeFilippo, 20291 NE 30th Avenue. 13. REPORTS: As presented. 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 6:50 p.m. Teresa M. Soroka, CMC, City Clerk Approved by the Commission on ,2001. Anyone wishing to appeal any decision made by the City Commission with respect to any mailer 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. 4 A'!'he 0...... Ity of nventura t:::\ ~, MINUTES COMMISSION WORKSHOP MEETING MAY 24, 2001 9 AM Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 The meeting was called to order at 9:00 a.m. by Mayor Jeffrey M. Perlow. Present were Commissioners Arthur Berger, Jay R. Beskin, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Ken Cohen, Mayor Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City Attorneys David M. Wolpin and Mitchell Bernstein. Commissioner Manny Grossman was absent. As a quorum was determined to be present, the meeting commenced. 1. CAPITAL IMPROVEMENT PROGRAM 2001-2006: Mr. Soroka prepared a powerpoint presentation of this program, and addressed Commission's concerns. Major emphasis to include cultural arts center, Waterways Park development, Millennium Park/Community Center, purchase of property for Charter school, beautification and drainage. CITY MANAGER SUMMARY: Consensus to proceed with plan as presented and place on June 5, 2001 agenda for approval. 2. CITY MANAGER'S REPORT: Mr. Soroka updated Commission on amendments to charter school legislation pending signature by the Governor that would provide that municipal sponsored charter schools can limit enrollment to residents. In addition, he provided summary on his recent meetings with the School Board to develop a partnership and obtain financial assistance for creation of a charter school and an update on negotiations for purchase of charter elementary school site on NE 188th Street. CITY MANAGER SUMMARY: Consensus of Commission to offer $4,350,000 for this property and develop a closing date based on current leases on the property, and in the event offer is not accepted by Friday, June 1 st, City Attorney authorized to proceed with eminent domain process. 8. COMMISSIONER MEETINGS: (Vice Mayor Cohen): (taken out of order) Commissioners discussed and expressed their concern regarding recent meetings held by Commissioner Berger against the placement of a Primary Learning Center near Williams Island. Mayor Perlow requested that Commissioner Berger not participate in future meetings and remove his name from the notices of such meetings. Mayor Perlow also requested Commissioner Berger to review Resolution No. 98-55 concerning actions of Commissioners. CITY MANAGER SUMMARY: Consensus that Commissioner Berger discontinue participation in meetings discussed above and that a City-wide public hearing will be scheduled for entire Commission's participation. 3. ADVISORY BOARDS SUB-COMMITTEE REPORT: Commissioner Beskin summarized the recommendations of the Advisory Boards Sub-Committee meeting. Mr. Soroka prepared ordinances establishing the boards as recommended by the Sub-Committee and a resolution establishing procedures. Cultural Arts Center Foundation to be formed by City Attorney to include 25 members, 14 to be appointed by Commissioners and remaining members to be appointed through application process. Ordinances establishing Economic Development and Community Services Advisory Boards to clearly state the Chairs may serve only one term. CITY MANAGER SUMMARY: Ordinances and Resolution to be addressed at June 5, 2001 meeting. 5. FOUNDERS BALL: (Taken out of order) Commission discussed changing the format of Founders Ball. CITY MANAGER'S SUMMARY: Founders Ball to be eliminated and Founders Day activities to be expanded in quality and quantity. Consensus that State of the City address to be delivered in January and not at Founders Day. 4. USE OF MEETING ROOMS: Mr. Soroka requested direction from the Commission regarding use of meeting rooms in Government Center by outside individuals/agencies, and other local government representatives CITY MANAGER'S SUMMARY: Consensus to provide one existing office, not to be located on the fifth floor, to be shared by local government representatives. No funds to be expended by City for renovation/furnishing of such office. 7. RECOMMENDED CERTIFICATES OF APPRECIATION: (Taken out of order) Mr. Soroka noted that Certificates of Appreciation would be presented to members of the Charter Revision Commission and requested approval to provide Certificates to employees instrumental in the construction/move to new Government Center. CITY MANAGER SUMMARY: Consensus to proceed with Certificates. 6. CITY MANAGER REVIEW: Commission discussed City Manager's compensation package. Consensus to increase salary to $145,000 plus $12,500 bonus. Mayor Perlow advised the Commission that he would like to host a luncheon of the Miami-Dade County Mayor's forum and requested that Commission attend also. Next Workshops to be set for June 20,2001 and July 19, 2001 and no Workshop scheduled in August. Consensus to schedule Workshop meetings on the 3'd Thursday of each month beginning in October. Commission discussed pending litigation involving property at Point East adjacent to the Fire-Rescue facility. City Manager to provide additional information for consideration at next meeting. 2 ADJOURNMENT: There being no further business to come before the Commission at is time, after motion made, seconded and unanimously passed, the meeting adjourned at 12:50 p.m. Teresa M. Soroka, CMC, City Clerk Approved by the Commission on ,2001. 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. 3 AGENDA ITEM 6-B RESOLUTION NO. 2001-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ACCEPTING AND ADOPTING THE ELECTION RESULTS OF THE MAY 15, 2001 MUNICIPAL SPECIAL ELECTION, AS CERTIFIED BY THE CITY CLERK AND ATTACHED HERETO; PROVIDING AN EFFECTIVE DATE. WHEREAS, on May 15, 2001, a Municipal Special Election was held in the City of Aventura; and WHEREAS, Ordinance No. 98-03 provides that the City Clerk shall canvass elections returns and present a certification of election results to the City Commission at the first meeting of the Commission following the election; and WHEREAS, the City Clerk has canvassed and certified the election results and this Commission wishes to adopt the election results as certified by the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The results of the May 15, 2001 Municipal Special Election, as certified by the City Clerk and attached hereto, indicating that each of the nine (9)) Charter amendment measures have been approved by the electors, are hereby adopted. Section 2. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Resolution No. 2001-_ Page 2 Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commission Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow PASSED AND ADOPTED this 5th day of June, 2001. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CUMULATIVE 1*8 08:15pm May 15 2001 CITY OF AVEI>lTUf~A SPECIAL El..I,::CTIOI'1 IVIA Y :I. ~:.l!, ~':~()Ol Ci"ty ()'f: Averltl.ll"a F'recirlcts' CC)Llfl"ted Abselltee Precincts CC)Llflted R(.;~~:J:i. ~:. t(~'~I"(.:.~d VD t(~'~I"'S B(:\llots Ci:\s'l: CHARTER AME~IDP~NT NO. :I. (O:T7) YE~:; (O:3B) NCl CHAI'~Tf::I:~ AI'-IEI'.IDI"IEI'IT 1'1() . 2 (Oil? ) 'y'E!::: (O~.\O ) I'-ID CHAI'(rEI:~ ,'iI'IEI'.IDI'IEI'.IT 1'-10. ~ .> (O6;'l) YES (O6"1) ~IO CHAI:~TE:F< AI'IEI'IDI'IEI'IT 1'10. 4 (0)'6) YES (0)')') l'Ie) CH,'iI'(rEI'~ AI'IENDI'IEI'IT 1',10. 5 (OW;> ) YES (O?O) 1'10 CHAI;~TEI:~ (.,I"lf,:I'IDI'IEI'.IT I'ID. 6 ( :J.O;:') YES (:I.(U) 1'.10 CHAI:~TEI:~ AI'IEI'IDI"IEI'IT I'ID. ." , ( :J.:J. ~\) YES (:I.:J.6) 1'10 CH,'iI'(f'EI':; ,"'I'IEI'IDI"IENT I'ID. 8 ( :J.;:~r:l) YES (:12';>) "'0 CI--If'iI'~TE:F< Al'IENDI'IEI'-IT 1'10. ? ( :IAO) YC!:; (:IA:J.) 1'10 (037) (O:3f:l ) ( Ot.I?) (O~'\O ) (06:3 ) (06t.1) (0'76) ( (77) (OO'l) (O?O) (j.02) (:J.03) (:1.1 ~j) (:J.:J.6) (:1.20) ( l;:~'l) (:IAO) (:fA:J.) 6 :J. :J.:'l,t.j8:J. B/'~:.l t.180 ~':)36 I.~ ~':~ ~:~ :mo 6:1.:'l ~':~2~:) c)7B 154 7~.1~':) B:J. ~.179 2:':,1 6?::l :J.f.U '70:1. :I. ~:~ ~:l '1t.16 3B::l Pi''';J€ :J. :J.OO. om:. :I. 00. O();.:. :I.()(). ()();',~ 6>.. 4?~;~ ~:.\9 .. 2~~~~ {j() . '78:'.:. ~:.\~~.. 6~:::\~ 47" :':lB;:";' '7~3" 3~':)~{, ~':~ l~ .. b '7:\~ B:J. ..t.I'l:, lB.. 5:1.:;~ (,Y'O.. 2(?;',~ 9.7:J.;,; )':J. ..'In;.:. ~:: B .. ~~ ~~ ;',~ B~-::" 8(r;'~ :J. )' .. :J. :1. ;,~ 04.B'7:, :I. ~:.l .. 1 :3;.:. :'\::l..B()::. 1.~6 .. ~~():',~ ~c Cb( CITY OF AVENTURA CITY MANAGER'S OFFICE MEMORANDUM TO: City Commission FROM: Eric M. Soroka, Ci cts Manager BY: Antonio F. Tomei, DATE: May 18, 2001 SUBJECT: Aventura Government Center - Off-Site Drainage Easement June 5, 2001 City Commission Meeting Agenda Item fr:, - C. Recommendation It is recommended that the City Commission adopt the attached Resolution providing for a portion of private property to be dedicated to the City of Aventura from Aventura Mall Venture to allow for access and maintenance of the offsite drainage out fall serving the Aventura Government Center. Backaround To minimize costs for placement of a drainage out fall, the City utilized the closest available and permittable outfall, which is the lake located on mall property at the northwest corner of West Country Club Drive and the Lehman Causeway, to drain stormwater. If you have any questions or need any additional information, please feel free to contact me. RESOLUTION NO. 2001-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA PROVIDING THE DEDICATION OF A DRAINAGE EASEMENT FROM AVENTURA MALL VENTURE TO THE CITY OF AVENTURA: AUTHORIZING THE CITY MANAGER DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City required a drainage outfall for the Government Center to be located at the northwest corner of West Country Club Drive and the Lehman Causeway; WHEREAS, a portion of the drainage outfall is located on Aventura Mall Venture property; WHEREAS, the City requires said easement to maintain and access the drainage outfall currently located on private property; NOW THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1: That the easement dedication, as reflected on the attached storm drainage facilities easement documents, is hereby accepted and dedicated to the City of Aventura and the City Manager is hereby authorized to cause such easement documents to be recorded in the Official Records of Miami-Dade County, Florida, subject to confirmation by the City Attorney as to the legal form and sufficiency of said documents. Section 2: That the City Manager is authorized to take all action necessary to implement the purposes of this Resolution. Resolution No. 2001-_ Page 2 Section 3: That this Resolution shall be effective immediately upon adoption hereof. 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 Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow PASSED AND ADOPTED this 5th day of June, 2001. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Reserved for Circuit Court Section_ Township Range This instrument prepared by: Dar Gennett, Esq. 19501 Biscayne Blvd., Suite 400 Avenmra,FL 33180 (305) 933-5565 City of Aventura STORM DRAINAGE FACILITIES EASEMENT On this _ day of ,2001, having an address of 19501 Biscayne Boulevard, Suite 400, Aventura, Florida 33180, (hereinafter "Grantor"), expressly grants an easement to the City of A ventura, a municipal corporation of the State of Florida, having an address of 2999 N.E. 191 st Street, Suite 500, A ventura, Florida 33180, (hereinafter "Grantee"), subject to the foll.owing provisions and in consideration of the sum of Ten Dollars ($10.00) and other good an valuable considerations paid by Grantee to Grantor, receipt of which is hereby acknowledged by both parties. Grantor is the fee simple owner of that parcel of real property, a legal description of which is attached hereto as Exhibit "A", and incorporated by reference herein, (hereinafter "the servient estate"). 1. Grantor hereby grants, to grantee, its successors and assigns, a perpetual easement under, over and upon a portion of the servient estate, a legal description of which is attached hereto as Exhibit "B" and incorporated by reference herein, (hereinafter "the easement area"). 2. Grantee may use the easement area for construction, operation and maintenance of storm drainage facilities (hereinafter "SDF") with the right to make repairs or remove such SDF. 3. Grantor may, for its own purposes, utilize the easement area and shall retain a right of free ingress and egress under, over and upon the easement area, in a manner compatible with the SDF. 4. The provision of the easement shall be binding on the parties hereto and their respective successors and assigns as a covenant running with the land and shall benefit Grantee's Government Center Parcel, a legal description of which is attached hereto as Exhibit "Cn. 5. The easement shall not be released or amended without consent of the Grantee as . evidenced by a document signed with the same formalities as this document. 6. Grantee shall record this document in the Public Records of Miami-Dade County, Florida. 7. This instrument (including all exhibits attached hereto) contains the entire agreement between the parties relating to the rights granted and the obligations assumed pursuant to this instrument. Any oral representations or modifications concerning this instrument shall be of no force and effect, excepting a subsequent modification reduced to writing, signed by the party to be charged therewith. 8. No construction or installations in and around the Easement Area other than SDF shall be permitted without Grantor's written approval prior to the commencement of the work. All such work shall be performed: (i) at the sole cost of the City; (ii) in a good and workman like manner; and (iii) in accordance with all applicable legal requirements. The City shall require -2- any contractor or subcontractor performing work within the Easement Area to remove and dispose, of all debris and rubbish caused by the work at intervals which shall assure no interference with the remainder of Grantor's adjacent property. The City shall provide reasonable traffic control during construction of the SDP, such as signals or flagmen to avoid undue delay to traffic entering or exiting the Grantor's property. 9. The City's right of ingress and egress to the Easement Area shall be subject to the reasonable requirements of Grantor and exercised in such a manner so as to minimize interference with the business operations being conducted on Grantor's property. 10. Upon completion by the City of the SDF, the Easement Area shall be restored by the City to substantially the same condition which existed immediately prior to such work, including, if applicable, the reinstallation of all curbing, paving, sidewalks, guardrails, light . poles, landscaping, automobile access curbs, irrigation and signage. The City shall coordinate such restoration with Grantor. The City shall maintain and keep the Easement Area, including the SDP located thereon, in good order, repair and condition. The City shall, at its sole cost and expense, make all necessary and legally required structural and nonstructural repairs to the Easement Area and the SDP arising out of its use of the Easement Area and the SDP. If the City fails to repair, maintain or improve the Easement Area as provided herein, Grantor may perform the required work and charge the City for all costs associated with such work, in which event, the City shall reimburse Grantor for all of such costs within thirty (30) days after receipt of such demand supported by receipts or invoices for such work. 11. If, at any time during the term of this Easement, the SDP or other improvements within the Easement Area shall be damaged or destroyed by accident or other casualty of any kind or nature or as a result of the acts or omissions of the City's use of the Easement Area or the -3- SDF, the City, at its sole cost and expense, shall proceed with reasonable diligence to repair, restore, replace or rebuild the same as nearly as possible to its condition and character immediately prior to such damage or destruction subject to changes or alterations as City may elect to make subject, however, to Grantor's approval of such changes. 12. The City shall indemnify and hold Grantor, its successors and assigns, harmless from and against any and all liabilities, demands, fines, penalties, claims (and expenses, including, without limitation, reasonable attorneys' fees) and any suit, proceeding and cause of action of every kind and nature where injuries to persons or property are suffered arising from any negligent or intentionally tortious act or omission of the City, its employees, agents, contractors or subcontractors, in the use, operation or maintenance of the Easement Area, including the SDF. The City, at its sole cost and expense, shall defend all such actions, suits or . proceedings and satisfy all judgments, orders or decrees with respect to the foregoing. This paragraph is subject to the limitations of Section 768.28, F.S. 13. Should the City abandon the use of the Easement Area or remove the SDF and fail to replace, repair or modify same within six (6) months of commencement of such abandonment, then and in such event, all rights and privileges hereunder shall cease and the easements, privileges and rights herein granted shall revert to Grantor. In such event, the City agrees to execute upon demand a release of this Easement. 14. Grantor shall retain all existing rights of title and possession in the Easement Area subject to the City's rights to utilize the Easement Area subject to the terms contained herein. The rights of title and possession of Grantor include, without limitation, the right to use the land affected by the easement for normal business purposes, the right to install and maintain paving, sidewalks, curbing and other improvements as would be customary in conjunction with Grantor's -4- use of its contiguous property; the right to grant easements for other utilities and to install and maintain other underground or aboveground utility service lines across the Easement Area. 15. The Easement granted herein is not intended, nor shall it be construed as creating any rights, in or for, the benefit of the general public and this Easement is not intended to, and should not be, construed to dedicate the Easement Area to the general public. 16. In the event it becomes necessary to enforce through litigation, any term or condition of this Easement, the prevailing party shall be entitle to recover from the non- prevailing party all of its costs and reasonable attorneys' fees at the trial and in all appellate levels. This Easement shall be construed according to and governed by the laws of the State of Florida. IN TESTIMONY WHEREOF, Grantor and Grantee have caused this to be signed as of . the_day of ,2001. Signed in the presence of: GRANTOR: A VENTURA MALL VENTURE, a Florida general partnership By: Turnberry Aventura Mall Company, Ltd., a Florida limited partnership, general partner By: TAMCO, Inc., a Florida corporation, its managing general partner Witness: By: \ Jacqu Name: -5- Signed in the presence of: Name: Witness: Name: #17394 v1 04/18/01 GRANTEE: CITY OF A VENTURA, a municipal corporation of the State of Florida By: Print Name: Title: -6- ,SSS-9EV(VSS) V~Ot:r:; YOIIl01c:l 'S3Nld 3)lOI:lB~3d 3::JYI:l1:l31 ~~E6 "K 'N nv 1:l3ddYH'tlO.l.3^tlnST1NCI$S3JOtld C31XIM'lM3HlJ.'f1'l NO I SNVdX3 llYN rl:lnlN3A Y SNO/1Q3S SSO~Q 3Xrl SOttll~3lr I.J_~ """" 1M ~'d ..~, _~ ..... .NOIlIQQI' H1XIS 1'1::lnlN3AI'. .0. l:lY!i1 .:JO HOlll:lOd Y ---- ---- ----- ---~-- -~-~----il\l \ ~t. ___- --- C Lll ~ ___-----~-CUU~i\l~ _------- ~.1'\"\l' --I ----- ---- .--- , --- I . " . . ~ i , \ , \ , \ \ , 1/ 40 {c '1';: ~ )4, err. 0, '74 ~p. :.a~.20ll ~\ S\ ~ b~\ fl t. s~ . < ~ . 12! h' ,~! li~~ ;;-~ iI. E~~ il!~a ill! '.\Il~1O ~;i!lR !~i! ...:\ljl!! ~:;! !;~! ........ "'.;. EXHIBIT A I;i! 1~1I'2 ~;;~! ! ~i~!! : ~I'" 1lI ::!:: 't! ::_Jjl:,r;; 1!!aSl!! i31' .-.ri" - ~~!~ ~... ~;!\Il io:l;~ ~ ~ ~ ~ s! " - ~ ~ ~ ~ % % ~ ~ ~ u ~ ~ Q ';~' :,'"f"_ j::i ;; i~:; L~:~,.. >- '" ,. g; (f) '" (f) a , []: - ::;, ~ a. w "- w '" a. (f) !. . . - ;; <' l .. ~ ! .j i~ ea .~.;- I j, i,,'l~,.-. ~~i:li,. :;;~1! !lii~~ ~~ii~ !!!~i!':'";; -i'!;;;; -sli:!!~lll i=g~i~i ~iiEi .-..,~.I, ,- - ) , ~!.g!! Iii =-~;;a:!l!i ii!i:: ZI' li;~~~ "~ , '. i~ , -. Mar 02 01 01:45p wi I- - ca, - ~ p.2 @ CARNAHAN. PROCTOR. CROSS, INC. CERTIFICATE OF AUTHORIZATION NO. LB 2936 6101 weST ATlANTIc BLVD., MARGATE. Fl33063 PHONE (~541972.J959 FAX(954)972-4178 E.MAIL: miilIlale@camahan-proctcr.com DESCRIPTION AND SKETCH (NOT A SURVEY) 20 FOOT DRAINAGE EASEMENT AVENTURA GOVERNMENT CENTER LEGAL DESCRIPTION A 20 FOOT STRIP OF LAND LYING IN TRACT 0, 'AVENTURA SIXTH ADDITION', ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 120 AT PAGE 20 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, THE CENTERLINE OF SAID STRIP OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF TRACT "R", ACCORDING TO SAID PLAT, SAID POINT ON THE ARC OF A CIRCULAR POINT TO THE LEFT, AT WHICH THE RADIUS BEING NORTH 81'11'29" EAST, THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 4636.66 FEET AND A CENTRAL ANGLE OF 09'27"49', A DISTANCE OF 769.14 FEET TO THE POINT OF REVERSE CURVATURE TO THE RIGHT, THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 1275.14 FEET AND A CENTRAL ANGLE OF 08'01'25-, A DISTANCE OF 176.57 FEET TO THE POINT OF BEGINNING, (THE LAST TWO COURSES BEING COINCIDENT WITH THE WEST RIGHT,OF,WAY LINE OF WEST COUNTRY CLUB DRIVE, ACCORDING TO SAID PLATI; THENCE NORTH 66"01'31" WEST, A DISTANCE OF 49.90 FEET; THENCE SOUTH 39'16'06" EAST, A DISTANCE OF 62.16 FEET TO THE POINT OF TERMINATION. (SIOELINES OF SAID STRIP TO BE LENGTHENED OR SHORTENED TO A POINT OF INTERSECTION SO AS TO CREATE A CONTINUOUS STRIP. SIDELINES OF SAID STRIP TO TERMINATE AT THE EAST BOUNDARY OF TRACT"O') LANOS SITUATE IN THE CITY OF AVENTURA. DADE COUNTY. FLORIDA NOTES 1. THIS SKETCH IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL. RAISED SEAL. OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 2. THIS SKETCH IS THE PROPERTY OF CARNAHAN-PROCTOR-CROSS, INC.. AND SHALL NOT BE USED OR REPRODUCEO IN WHOLE OR IN PART W1THOur WRITTEN AUTHORIZATION. J. THE lANDS SHOWN HEREON ARE SUBJECT TO All EASEMENTS. RESERVATIONS. RIGHTS.OF-WAY, AND RESTRICTIONS OF RECORD. 4. AU. EASEMENTS SHOWN HEREON ARE PER THE RECORD PLAT UNLESS OTHERWISE NOTED. 5. THIS SKETCH WAS PREPARED WITHOUT BENEFIT OF A TITLE SEARCH. FOR INFORMATION CONCERNING RIGHTS.Of.WAY. !:ASEMENTS. RESl!RVATIONS. AND OTHER SIMIlAR MATIERS OF PUBLIC RECORD. AN APPROPRIATE TITLE VERIFICATION NEED BE OBTAINED. 6. THIS IS NOT A SURVEY. ABBREVIATIONS BC.R. .8flOWARDCOUNT'VRECOAD5 DCA.OADECOONTVRECOII.O$ DE." DRAINAGE EASEMENT FJ'.l. "Fl.OAIOAPOWElUUGHTCO. NiS . 1l0TfQSCAi.E o R,!1 . OFFICIAl RECORD BOOK P,B _ PLJ.TBOOK pO.a. 2 POl/il0FBEGINNlNQ PO C, . POINT O~ COMt.lENCElAENT 1'_0.1. . POINT OFTE/U.IINA.TION RNJ "-!UG.HT..(lF.W"" U,E. -UTIl.ITYEASElJElIIT SURVEYOR'S CERTIFICATION I HEREBY CERTIFY THAT THE DESCRIPTION AND SKETCH SHOWN HEREON COMPLIES WITH MINIMUM TeCHNICAL STANOAR fOR SURVEYS AS CONTAlNEO IN CHAPTER 61G17.6. FLORIDA ADMINISTRATIVE C . PUR TO SECTION 472.021. FLORIDA STATUTES. AND THAT SAID ~ESCRI70N AN TR AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BEUEF. ."" JEFF. S R''If, DATE OF LAST FJELD WORK: NOT A SURVEY 4Vj::r.JT1 UUl r.::nv rTD '"D ~'". non...... Mar 02 01 01:45p cD' t- - CO - ~ \ --I \ \ \ \ \ \ ,------- \ , ---- , ---\- " ~:-'-'_._~1i9:.9!'Jl"W \ ',\. 49.9i:j';"'-'-~-' , '~ ,--__1- , \' \ , \-t,' \ , \;P.' \ , ~.... , ~",ij>. \ , .....,od' ,,/ , i5'. \~ '\ \ " \,;/'\\ '>~'\--~ '("'- '. \' (, ' \' \, \ , '.\ w \ , r.p.l. EASEME1' J , -- -- -- --- -- -- --- P.O,C. SOuTHEAS T CORNER TRACT "Roo "AVENTURA SIXTH ADOlflON" CP.a.120, PC.20. D.C,R,1 R"".US BE.ARS N81.11'29KE .. ~ ';J\ ... TRACT "0" "AVENTURA SllCTH ADDITION" IP.e.120. PC.20, a,C.R.1 S'U.E. (l ~ ~ (l 'C '" ~ '" p.3 0.09-27'49" R-46J6.66' A-769.14' 0.08" 01'25" ___ R'1275_W ..---- ".178.~7' PROPOSEO 20' ORAlNAGE EASEMENT .lODENDUU JOB NO. 9110213 RO.oD ll~~ SVTE OO,.P.7'l. IO.R.T F.B.IPC. DATE BY CK'O owe BY. JP SC.LEt I.. 20' P.O.B P.O.T. 20' D.E. CITY OF A VENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: May 22,2001 SUBJECT: Resolution Selecting Craven Thompson & Associates to Perform Professional Consulting Services Relative to RFP No. 01-5-04-2 June 5, 2001 City Commission Meeting Agenda Item .....fE:..b Recommendation It is recommended that the City Commission adopt the attached resolution selecting the firm of Craven Thompson & Associates, Inc. to perform General Professional Consulting Services as contained in the Request for Proposals (RFP) #01-5-04-2, General Professional Engineering Services. Backaround In 1996, Keith and Schnars, PA, was selected to be the City's consulting engineer. At that time, our needs were in the areas of infrastructure assessment, stormwater drainage master planning, project management and supervision, surveying, and right- of-way dedications. During the past five years, our engineering needs have changed and developed into the areas of project design and construction, cost estimating, environmental and traffic engineering, plan review and inspection services. We now have an in-house Capital Projects Manager who supervises our capital improvement program, and an Engineering Tech/CAD operator who has developed our GIS mapping operation and coordinates our public works permitting. City Commission May 22, 2001 Page Two Since our engineering needs have changed since 1996, an RFP was issued and advertised in accordance with State Statutes for interested firms to perform general professional engineering services. Attached hereto is a copy of the RFP and a tabulation of the thirteen firms that submitted responses. A selection committee consisting of the City Manager, Finance/Support Services Director, Community Services Director and the Capital Projects Manager independently reviewed all of the submittals. As a result of theses reviews, a unanimous short list consisting of the top four firms was developed. In alphabetical order, they were as follows: Bermello, Ajamil & Partners, Inc. Calvin, Giordano & Associates, Inc. Craven Thompson & Associates, Inc. Keith and Associates, Inc. On May 17, 2001, these firms were given the opportunity to give a presentation to the selection committee, followed by a questions and answer period. The firms were then ranked, based upon the following qualifications: Civil Engineering/Surveying Traffic Engineering GIS Mapping Project Management Cost Estimating Site Plan/Permitting Experience Overall Presentation The consensus ranking from the selection committee was as follows: 1. Craven Thompson & Associates, Inc. 2. Calvin Giordano & Associates, Inc. 3. Bill Keith & Associates, Inc. 4. Bermello, Ajamil & Partners, Inc. Craven Thompson & Associates is a full-service professional engineering firm that has expertise in the areas of civil engineering, surveying, planning, environmental engineering, construction management and planning. They have retained the firm of Tinter and Associates for traffic-engineering projects as a part of their team. This methodology reflects the City's philosophy in contracting top qualified firms to perform specialized services. Craven Thompson also utilizes the same GIS mapping software City Commission May 22, 2001 Page Three as the City, which ensures a seamless transfer of information and electronic files. This firm has also performed work for several municipalities in the areas of project engineering and design, construction estimating and road construction. They have done extensive public work in Miami-Dade and Broward Counties. A partial government client list is as follows: City of North Miami Beach City of Miami Miami International Airport South Broward Drainage District Port Everglades Broward County Aviation Division After their presentation, a reference check was conducted. All of the agencies that were contacted gave Craven Thompson favorable ratings: Project: South County Neighborhood Improvement Client: Broward County Environmental Engineering Division Project: Central County Neighborhood Improvement Client: Broward County Environmental Engineering Division Project: City Place (West Palm Beach, FL) Client: City Place Partners Project: George English Park Client: City of Fort Lauderdale Project: Miramar Regional Park Client: Broward County Parks and Recreation Division Project: McNab Road Improvement Client: Broward County Engineering Division Based upon their submittal package, presentation, the selection committee's recommendation, and background checks with other clients, I feel comfortable recommending the firm of Craven Thompson & Associates as the City's consulting City Commission May 22, 2001 Page Four engineer with the firm of Tinter and Associates performing traffic-engineering services as a part of their team. If negotiations fail with this firm, we will then start negotiations and perform a reference check on the second ranked firm, Calvin, Giordano & Associates. If you have any further questions, please feel free to contact me. RMS/gf Attachments RMS01054 RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SELECTING THE FIRM OF CRAVEN THOMPSON & ASSOCIATES, INC. TO PERFORM PROFESSIONAL CONSULTING SERVICES RELATIVE TO RFP NO. 01-5-04-2, GENERAL PROFESSIONAL ENGINEERING SERVICES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS AND FEES FOR SAID SERVICES; AUTHORIZING NEGOTIATIONS WITH ALTERNATE FIRM TO PERFORM THE REQUIRED SERVICES SHOULD NEGOTIATIONS WITH SELECTED FIRM BE UNSUCCESSFUL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Aventura, in accordance with applicable State law, has requested proposals from firms for services relative to General Professional Engineering Services; and WHEREAS, said proposals were evaluated by a Selection Committee consisting of the City Manager, Finance/Support Services Director, Community Services Director and the Capital Projects Manager; and WHEREAS, said Selection Committee recommends the firm of Craven Thompson & Associates, Inc. based on said firm's experience and qualifications; and WHEREAS, said Selection Committee recommends the selection of the firm of Calvin, Giordano & Associates, should the City be unable to reach favorable terms with Craven Thompson & Associates, Inc.; and WHEREAS, the City Commission desires to authorize the City Manager to negotiate a scope of services and fees with the recommended firm, and with the alternate firm, should negotiations with the recommended firm be unsuccessful. Resolution No. 2001-_ Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The firm of Craven Thompson & Associates, Inc. is hereby selected to perform Professional Consulting Services for the City relative to RFP No. 01-5-04-2 General Professional Engineer Services. Section 2. The firm has been selected on the basis of its experience and qualifications and has not finalized a fee structure with the City. Therefore, the City Manager shall immediately negotiate the scope of services and basis of fees with said firm. Section 3. The basis of fees above described shall be negotiated by the City Manager and approved by the City Commission prior to said firm beginning any labor or work for which the City may later be billed. Section 4. In the event the City is unable to come to favorable terms and fees with the firm of Craven Thompson & Associates, Inc. the City Manager is hereby authorized to negotiate scope of services and fees with the alternate firm of Calvin, Giordano & Associates, Inc. Section 5. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 6. 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 Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow Resolution No. 2001-_ Page 3 PASSED AND ADOPTED this 5th day of June, 2001 JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY REQUEST FOR PROPOSALS RPF #01-5-04-2 CITY OF A VENTURA GENERAL PROFESSIONAL ENGINEERING SERVICES In accordance with the Consultants' Competitive Negotiation Act, Chapter 287.055, F.S., the City of A ventura invites qualified Engineering firms to submit Letters of Interest, Statements of Qualifications and Experience, and Standard Forms 254 and 255 for consideration to provide the following services: GENERAL PROFESSIONAL ENGINEERING SERVICES The scope of services should include but not be limited to providing municipal engineering services on a contractual basis. Areas of expertise should include the following . NPEDES Permitting (stormwater management) . Drainage facilities . Road construction & maintenance . Civil Engineering . GIS Mapping assistance (AutoCADD) . Utility infrastructure, evaluation and review . Plat & site plan review . Project management . Surveying . Environmental engineering . Construction cost estimating . Public Works permitting and inspections Interested firms should submit five (5) copies of all materials which indicate interest, background qualifications and experience to: Office of the City Manager City of Aventura 2999 N.E. 191 Street Suite 500 Aventura, FL 33180 Submittals must be received no later than 2:00 p.m. on May 4, 2001 and be clearly marked on the outside "GENERAL PROFESSIONAL ENGINEERING SERVICES". Late submittals will not be accepted. Eric M. Soroka City Manager CITY OF AVENTURA BID TABULATION GENERAL PROFESSIONAL ENGINEERING SERVICES RFP #01-5-04-2 OPENING AT 2:00 PM ON MAY 4,2001 BIDDER Form 254 Form 255 I 1 Reynolds, Smith & Hills, Inc. 6161 Blue Lagoon Dr.. Suite 200 Miami, FL 33126 (786) 388-0234 Jose L. Gomez Yes Yes 2 H.J. Ross Associates, Inc. 800 Douglas Entrance Annex Building, Suite 250 Coral Gables, FL 33134-3163 (305) 567-1888 Charles K. Deeb Yes Yes 3 Calvin, Giordano & Associates, Inc. 1800 Eller Dr., Suite 600 Ft. Lauderdale, FL 33316 (954) 921-7781 John P. Downes Yes Yes 4 Alvarez Engineers, Inc. 10570 NW. 27 St., Suite 102 Miami. FL 33172 (305) 640-1345 Juan R. Alvarez Yes Yes 5 Bermello, Ajamil & Partners, Inc. 2601 S. Bayshore Dr. Miami, FL 33133 (305) 859-2050 Julio Grave de Peralta Yes Yes CITY OF AVENTURA BID TABULATION GENERAL PROFESSIONAL ENGINEERING SERVICES RFP #01-5-04-2 OPENING AT 2:00 PM ON MAY 4,2001 BIDDER Fonn 254 Fonn 255 I 6 P.B.S. & J. 2001 NW. 107 Ave. Miami, FL 33172-2507 (305) 592-7275 Anthony J. Clemente Yes Yes 7 Keith & Associates, Inc. 301 E. Atlantic Blvd. Pompano Beach, FL 33060-6643 (954) 788-3400 Wilson Sanchez Yes Yes 8 Marlin Engineering, Inc. 2191 NW. 97 Ave. Miami, FL 33172 Ramon Soria Yes Yes 9 EAS Engineering, Inc. 55 Almeria Ave. Coral Gables, FL 33134 (305) 445-5553 Edward A. Swakon Yes Yes 10 Craig A. Smith & Associates 1000 W. McNab Rd. Pompano Beach, FL 33069 (954) 782-8222 Gene R. Schriner Yes Yes CITY OF AVENTURA BID TABULATION GENERAL PROFESSIONAL ENGINEERING SERVICES RFP #01-5-04-2 OPENING AT 2:00 PM ON MAY 4,2001 BIDDER Form 254 Form 255 I 11 Florida Transportation Engineering, Inc. 814 Ponce de Leon Blvd., Suite 502 Yes Coral Gables, FL 33134 (305) 529-4530 Wallace D. Hall Yes 12 Craven Thompson & Associates, Inc. 3563 NW. 53 SI. Yes FI. Lauderdale, FL 33309-6311 (954) 739-6400 Kevin M. Hart Yes 13 CRB Geological & Environmental Services. Inc. 4573 Ponce de Leon Blvd. Yes Coral Gables, FL 33146 (305) 447-9777 Frederick R. Baddour Yes Note: This RFP was delivered to the old building. It was accepted late because vendor had no way of knowing we had moved. CR~EN lflOMPSON & ASSOCIt-J'ES INC Engjneer~' Planners Surveyors 3563 N.w. 53rd Street Fort Lauderdale, FL 33309-6311 (954) 739-6400 Fax (954) 739-6409 West Palm Beach May 4, 2001 Mr. Eric M. Soroka City Manager City of A ventura 2999 N .E. 191 Street Suite 500 A ventura, Florida 33180 RE: REQUEST FOR PROPOSALS GENERAL PROFESSIONAL ENGINEERING SERVICES RFP # 01-5-04-2 CT&A L.O.I. NO. 2001-018 Dear Mr. Soroka: In response to the City of Aventura's Request for Proposals for Professional Engineering Services, Craven Thompson and Associates, Inc. (CT A) is pleased to submit this Statement of Qualifications for your consideration. With over 40 years of local experience, CT A has the knowledge and expertise necessary to meet the City's needs as your Consulting Engineer. Over the years, we have provided civil engineering, surveying, planning, landscape architecture and construction services to numerous municipalities and governmental agencies, including, the City of North Miami Beach, City of Miami, City of Miramar, the City of Coral Springs, the City of Coconttt Creek, the City of Sunrise, the City of Fort Lauderdale, the City of Lauderhill, the Broward County Engineering Division, the Broward County Office of Environmental Services, the School Board of Broward County, Port Everglades and the Tri-County Commuter Rail Authority. To compliment our civil engineering and planning capabilities, CT A has added Tinter Associates, Inc. to our team for Traffic Engineering expertise. In this capacity, CT A has been involved in the design, permitting, contract administration and construction management of numerous Capital Improvement Projects, including stormwater drainage projects; the replacement and upgrade of water and sewer lines; new infrastructure; roadway improvements; streetscape and beautification; GIS Mapping; and miscellaneous public works projects. Our experience includes the design and construction of over 3,500 acres of neighborhood improvements in Broward County, including the South County Neighborhood Improvement Project (1,400 acres), Central County Neighborhood Improvement Project (1,200 acres) and the North Central County Neighborhood Improvement Project (950 acres). All of these projects included surveying, studies, modeling, cost estimating, design drawings, technical specifications and construction management for the replacement of existing infrastructure and the construction of new drainage facilities, pavement and landscaping. In addition, we have extensive experience in platting, plan review, inspection services, environmental engineering, and project management. The CT A engineering staff is familiar with the engineering standards and requirements of the City of Aventura as well as the standards and requirements of other applicable permitting agencies in Dade County and the State of Florida. This knowledge and experience will allow us to expedite the permitting process for the Mr. Eric M. Soroka CT&A L.O.I. 2001.018 May 4, 2001 Page 2 City's Capital Improvement Projects and to help minimize costs. CTA has an experienced and qualified staff of over 90 employees, which includes 20 civil engineers, 10 CADD technicians, 6 registered surveyors, a registered planner, a registered landscape architect, 8 field representatives and other support staff, ready to assist the City. We have over 20 registered professionals who are available to share their expertise and knowledge in civil engineering and other related disciplines. In addition, we can assist the City in planning and landscape architecture as needed. The CT A team presents many distinct advantages, which will assure a timely and cost effective completion of assigned projects, which include the following: . A uniquely experienced team: CTA staff has extensive experience with municipal engmeenng projects and have worked in a number of South Florida municipalities. . Full service firm: As needed, CT A is capable of providing civil engineering, surveying, planning, landscape architecture and environmental services in-house which can assist the City in reducing costs and meeting project schedules. . Project Management: Organizational lines and responsibilities are clearly defined for each project, ensuring that the best-qualified individual is matched to a particular assignment. . Familiarity with similar projects: CT A has successfully evaluated and designed similar projects for public agencies and private developers throughout South Florida. . Continuity: The resources and staff available at CT A ensure responsive servIce and continuity throughout all phases of the project. CTA has staff capabilities to provide all engineering services in-house. We also provide surveying, planning, landscape architecture, environmental engineering and roadway design in-house. The current workload of the existing staff is such that we can perform our tasks for the City in a timely fashion. We sincerely appreciate the opportunity to provide this Statement of Qualifications to the City of Aventura and would welcome the chance to further demonstrate our capabilities to you and your staff. Sincerely, CRAVEN THOMPSON & ASSOCIATES, INC. /~~ KEVIN M. HART, P.E. Director of Engineering KMH/tg CR~EN lFlOMPSON & ASSOCIf>JES lNC. QUALIFICATIONS AND EXPERIENCE SPECIALIZED EXPERIENCE Craven Thompson & Associates, Inc. (CTA) has performed engineering and surveying services for clients in the public and private sectors for over thirty-nine years. Our experience in Surface Water Management, Roadway Design, Utility Design, Infrastructure Rehabilitation Design, Planning, GIS Mapping and large public capital projects makes it one of the most qualified firms in South Florida to assist the City of A ventura. In recent years, CTA has been involved with several large-scale redevelopment projects. The South County Neighborhood Improvement Project is a redevelopment of a neighborhood built in the 1940's with inadequate or non-existent infrastructure. This project for Broward County involves 1,400 acres of established neighborhoods and includes the addition of drainage, water, sewer, sidewalks and landscaping. CT A prepared a study with recommendations for the most cost- effective approach, which has now been implemented. Phase I of this 120 million-dollar project began in 1995 and the final phase is expected to be completed in 2002. Broward County was so pleased by the work done by CTA, that CTA was selected for a larger project, the Central County Neighborhood Improvement Project and subsequently the North Central County Neighborhood Improvement Project. CTA. has also provided consulting services for local municipalities and other agencies on a continuing basis. The School Board of Broward County has renewed our engineering contract several times in the past 10 years to provide engineering solutions to new and existing facilities. These projects have ranged from small design projects to 5 million-dollar bus maintenance facilities. We are also providing continuing services to the City of Miramar, City of Sunrise, Broward County Aviation Division (BCAD), Port Everglades, Pine Tree Water Control District and the Quantum Park Development District. Recently, the City of Sunrise selected CTA to perform a drainage study for the entire City. This study includes a review and analysis of all drainage basins, pump stations, major canals and culverts. This study will provide the City with a master drainage plan for future upgrading and future development. In addition to the municipal experience listed above, CT A has experience working in coastal cities. We are currently providing consulting services to the City of Pompano Beach, which includes design plans for the restoration of the City's existing pier and to Port Everglades. Consulting services at the Port have included master planning; roadway design; stormwater management studies and design; paving, drainage, water and sewer design; project management; environmental services; planning; and landscape architecture. The experience gained in these contracts has allowed us to better tailor our service to the needs of a public agency. We understand the requirements and restrictions that the public staff must adhere to. Our staff is experienced in working on capital improvement projects and in serving as extension of the City's staff. Through our continuing contracts with Port Everglades, BCAD, City of Pompano Beach and the City of Miramar we have gained considerable knowledge and experience in engineering issues specific to coastal areas, neighborhood improvements and storm water management ( drainage). CRJlNEN lFlOMPSON & ASSOCI~ES INC The scope of services that CT A has provided for these and other contracts include surveying, modeling, engineering design, technical specifications, permitting, cost estimating, GIS Mapping, public presentations, graphic displays, contract administration and construction services. We also provide planning, landscape architecture, environmental engineering for wetlands and grant writing services. CIVIL ENGINEERING Craven Thompson & Associates, Inc. was founded with one Engineer, Mr. Warren S. Craven, P.E., as a Partner. He provided quality service based on his knowledge of local regulatory requirements and of sensitive environmental factors, from his background as Assistant City Engineer for the City of Fort Lauderdale. Building over the years on the same fundamental quality professional service, the firm has expanded to a large group of Professional Engineers, graduate Engineers, Surveyors, Biologists, Designers and Draftspersons. The activities of the company over the past 40 years originated in the area of land development and gradually evolved to include transportation, land planning, utility construction and building construction. It can best be exemplified by the development within the City of Tamarac, for which the firm provided the engineering services to the Behring Corporation/Leadership Housing, Inc. In II years, 5,500 acres of Florida cattle land were transformed into a community of 40,000 residents. Major projects soon followed, comprising drainage systems of canals, roads, sewers, water systems, sewer plants and the site development for major subdivisions. The subdivisions include the 17 section Mainland's Development with Sabal Palm and Mainland's Executive 18- hole golf courses; followed by Woodmont Country Club Community, a single-family development with two championship golf courses. Then, Woodland Villas; Woodland Villas addition, Vangard Village, Heathgate; Sunflower I and II all followed. Included also are commercial and industrial sectors at Lyons Industrial Park and Tamarac Industrial Center. The Tamarac story was repeated in a number of other developments such as Punta Gorda Isles, Florida with 10,000 acres and potentially 15,000 housing units. The Broward County Convention Center, Port 95 Commerce Park and Chapel Trail are recent projects in Broward County, which are both major developments requiring the full services of the company. The South County Neighborhood Improvement Project is a redevelopment project for Broward County which requires the replacement or addition of all infrastructure for over 1,300 acres. This project requires detailed coordination, project management and design as provided by CT A. The firm is involved in major highway planning and the design of roads and bridges. The skills and know-how of the firm resulted in hundreds of miles of highways and a number of bridges over canals and rivers. These work efforts required the addition of a transportation engineering department, which has designed a multitude of multi-lane highways and six and eight-lane bridges. We offer a wide range of Civil and Structural Engineering capabilities, that we coordinate with our Planners, Surveyors and Landscape Architects, to provide a total capability, from site evaluation to a completed project. We take pride in our ability as "Problem Solvers". CR~EN lFlOMPSON & ASSOCIt>JES INC We provide Engineering, Planning altd Ecological Services in thefollowingfields: . Highway Design . Site Engineering . Building Rehabilitation . Inspection . Soils & Material Testing . Bridge Design . Lift Stations . Structural Design . Canals and Culverts . Road Design . Subdivision Design . Construction Management . Sewage Collection . Traffic Engineering . Coastal Construction . Drainage and Retention . Sewage Treatment . Water Distribution . Water Treatment . Building Evaluation & Design The following is a partial list of utility projects recently completed by CT A: . CT A prepared a complete water and wastewater analysis and design for the South County Neighborhood Improvement Project (SCNIP), a 1400-acre redevelopment project located in SR 7 and 1-95, south of Pembroke Road in Broward County. Services included a review of existing facilities, concept designs, modeling, cost estimates, water and sewer design, sewage pump station design, permitting and construction services. . CTA prepared a complete water and wastewater analysis and design for the Central County Neighborhood Improvement Project (CCNIP), a l690-acre redevelopment project located between Sunrise Boulevard, Davie Road, SR 7 and NW 24'h Avenue in Broward County. Services included a review of existing facilities, concept designs, modeling, cost estimates, water and sewer design, sewage pump station design, permitting and construction services. . CT A has been involved in the design and permitting of several water and wastewater projects for the City of Sunrise and the Broward County Office of Environmental Services (BCOES) including the Springtree WWTP, Sawgrass WWTP and the Park City Booster station. . CT A has served as Engineer of Record for numerous large, residential communities throughout Florida with water systems, water reuse systems and multifaceted sewer systems containing pump stations, sewage force mains and gravity sewer collection lines. CR~EN lHOMPSON & ASSOCI~ES INC The following is a partial list of Stormwater projects recently completed by CT A: . CT A recently completed a comprehensive stormwater study for the Central Broward Water Control District, a 45 square mile drainage district in southwest Broward County. Services included a review of existing facilities, hydraulic analysis and stormwater modeling, concept design, cost estimates and recommendations for capital improvements. . CT A prepared a complete stormwater analysis and design for the South County Neighborhood Improvement Project (SCNIP), a l400-acre redevelopment project located in SR 7 and 1-95, south of Pembroke Road in Broward County. Services included a review of existing facilities, concept designs, cost estimates, drainage design, stormwater modeling, permitting and construction services. . CTA prepared a complete stormwater analysis and design for the Central County Neighborhood Improvement Project (CCNIP), a l690-acre redevelopment project located between Sunrise Boulevard, Davie Road, SR 7 and NW 24th Avenue in Broward County. Services included a review of existing facilities, concept designs, cost estimates, drainage design, stormwater modeling, permitting and construction services. . CT A has prepared a comprehensive stormwater management plan for the City of Sebastian, providing planning and design services that resolved flooding and environmental concerns throughout the City. . CT A was responsible for the design of water management systems in the City of Tamarac. This included canal systems and pump stations. . CT A has provided engineering consulting services to the Central Broward Water Control District, the South Broward Drainage District, the Pine Tree Water Control District and the Sunshine Water Control District. . CT A routinely provides consulting engineering services necessary to obtain regulatory permits for surface water management systems. Professional services provided include the preparation of permit applications for South Florida Water Management District, Broward County Department of Planning and Environmental Protection, Florida Department of Environmental Protection, the U.S. Army Corps of Engineers and Florida Department of Transportation. . CT A has provided consulting engineering services for the planning, design and construction of surface water management systems, addressing flooding and water quality needs in existing residential neighborhoods. . CT A staff has a thorough knowledge of the requirements of the National Pollution Discharge Elimination System; having prepared plans and permit documents for various projects. CT A personnel possess a thorough knowledge or EP A requirements, state clean water act provisions, and state water policy, having successfully designed and permitted hundreds of surface water management projects. CR~EN lHOMPSON & ASSOCII>JES lNC. ROADWAY DESIGN Craven Thompson & Associates has designed roads for projects ranging from residential streets to sections of major highways. Recent projects include the Eller Drive, Eisenhower Boulevard, Miramar Parkway, SW l4Sth AvenueIPembroke Road, Sawgrass Expressway, McNab Road, Broward Boulevard, Griffin Road, and all local arterial and collector streets for Chapel Trail P.U.D. GENERAL SURVEYING Providing surveying services has been, and continues to be, a large portion of Craven Thompson & Associates, Inc.'s business. Through selection and training of personnel and a program to obtain the best equipment available, we have developed a skilled and technically equipped Surveying Department, capable of conducting almost any type of survey. We are qualified and certified by the State of Florida, Department of Natural Resources, for both horizontal and vertical control for Second Order, accuracy. In addition to conventional boundary and construction surveys, we have the experience to provide Geodetic, Control, Topographic, Retracement, Hydrographic, Cadastral-Boundary, Photogrammetric Control, Right-of-Way and Construction Surveys. We also have personnel and equipment to determine tidal datums and water boundary lines and can provide expert witness testimony. Through the utilization of our total stations electronic/theodolites with state of the art data collectors, our survey data can be imported into a CADD environment which can be plotted or transferred to our clients on diskette. Craven Thompson & Associates, Inc. continues to refine and adapt CADD to a broad spectrum of uses. This blend of high technology with personalized service form the core of every Craven Thompson project. Weare also qualified and experienced in GIS Mapping. Craven Thompson & Associates, Inc. is currently preparing a GIS base map for Port Everglades where all of the properties and parcels within the Port are being established using "ArcView" and we are preparing utility base maps for the Broward County Neighborhood Improvement projects using the GIS software "Civic Center" by Autodesk. We have provided surveying crews for special projects in over ten states ranging from New Jersey to Texas. We have requisite equipment, such as swamp buggies, boats, depth sounders, current meters, etc., for hydrographic surveys of wetlands, estuaries, rivers and canals. Craven Thompson & Associates, Inc. provides leadership in the surveying industry by providing educational opportunities to its employees and supporting the Florida Society of Professional Land Surveyors State and Local Chapters. Through our encouragement and training, 27 people have become registered while employed by our firm. We have had four Chapter Presid,ents, three State Presidents and two Directors. Our personnel have served on numerous committees and have provided Chairmen to ten major State Committees. CR~EN lHOMPSON & ASSOClftoJES INC. Craven Thompson & Associates, Inc. is dedicated to providing quality surveys and is meeting the challenge of today's changing times by innovative techniques that not only reduce the cost of field and office work, but increase the accuracy over the methods previously accepted in the industry. PLANNING AND LANDSCAPE ARCHITECTURE Craven Thompson & Associates, Inc. has been actively engaged in land planning since the creation of the firm. Initially, this role was fulfilled by surveying personnel who possessed a knowledge of subdivision layout and construction. With the massive increase in subdivision regulations, planning guidelines, platting requirements, etc, it became necessary to employ site planners. These professionals, however, were not and are not just site planners, they are also urban planners, community planners, city planners, and administrators. The administrative role relates to our ability to deal with a myriad of regulations and agencies in the processing of a project. The Landscape Architecture Department at Craven Thompson & Associates, Inc. was created in 1985 in response to increased public and private concern for natural systems, environmental quality and community appearance. Comprehensive planning for any size project has become a necessity. Federal, State and local regulations have become so demanding that a knowledge of the political structure, zoning regulations, landscape regulations, land use plans, local concerns, demographic make-up and State and Federal Laws must be available to the client. Our staff has this knowledge and is actively working with the regulatory agencies to keep abreast of and aid in formulating regulatory policies. Planning and Landscape Architecture today requires input from all sectors of the consulting industry, such as surveying, engineering, marketing, architectural and financial. At Craven Thompson, we have readily available in-house personnel who can be responsive to the client on the majority of problems. This in-house capability reduces the critical time in the planning stages by having the information readily available to the Planner, rather than educating a number of additional consultants, saving time and money. Our Planners can provide services to conduct demographic studies, traffic impact studies, development of regional impact statement, regional planning, urban planning, site planning, land use feasibility studies and comprehensive master plans for municipalities. Our Landscape Architects can provide services to prepare landscape irrigation plans for residential, commercial, public park and highway projects. Craven Thompson has a long list of successful developments that we have been involved in various stages of the planning process, such as: Woodmont Country Club and Community, Tamarac, Florida; Punta Gorda Isles, Punta Gorda, Florida; Boca Grove, P.U.D., Palm Beach County, Florida; Amberwoods of Boca, Palm Beach County, Rolling Hills, P.U.D.; and Chapel Trail, Broward County. In addition to the private sector work, our staff has prepared Comprehensive Land Plans for cities, such as Coconut Creek, Lauderhill and Parkland, Florida. We have and are capable of providing CR~EN lROMPSON & ASSOCIf>JES INC the plans and cost estimates of requirements for drainage, sewer, water, sewer and water treatment plants, roads, bridges and recreational areas. We believe time is an important ingredient for any project and proper planning minimizes the time in executing a project. Weare prepared to provide the planning services in a professional manner to move the project to the engineering and construction stage in the shortest possible time. Our Planners and Landscape Architects are encouraged to take an active part in their professional societies and are members of the American Planning Association, American Institute of Certified Planners, and American Society of Landscape Architects. FEASmILITY STUDIES CTA is experienced in preparing feasibility studies for various projects identifying cost, permitting and site constraints. CONSTRUCTION SERVICES CT A provides complete construction services during the bidding and construction phases of projects. These services include preparation of bid documents, quantity take-offs, review of bids, bid tabulation reports, recommendation for contract awards, contract administration, pre- construction meetings, scheduling, review of shop drawings, inspections, review of Contractor pay requests, Statements of Completion and project closeout. ENVIRONMENTAL Craven Thompson and Associates has a staff of Environmental Specialist and Engineers experienced in providing in-house ecological services. With our in-depth knowledge and experience in wetland evaluation and permitting the firm is able to provide a broad range of environmental services both quickly and accurately. With the rapid expansion of wetlands rules and ordinances and the resultant governmental maze created, expertise in negotiating land development projects through this process in a timely fashion is essential. CT A can provide this permitting expertise along with specific products such as jurisdictional determinations for wetland boundaries, environmental assessments for determining sensitive environmental issues, environmental studies and reports for coastal, freshwater, as well as upland habitats. Other examples include seagrass surveys, benthic studies, vegetation and wildlife including endangered species surveys, tree surveys and tree permitting, mitigation monitoring reports and assessments, and water quality surveys. In addition, CT A can provide inventories and maps of natural resource areas and with assistance the data can be managed through state-of-the-art Geographic Information Systems. Typical projects where CT A ecological services can be utilized are large and small environmental restoration projects various-sized residential, commercial or recreational land development projects, marinas and docking structures, piers, various dredge and fill projects and other projects where natural resource assessments and permitting is required. CR~EN lHOMPSON & ASSOCII>JES INC. CADD/COMPUTER CAP ABILITIES We have a multi-use computer system and independent mini computers used in the technical and administrative support of client projects. The following is a brief description of our computers and their applications: Interactive Graphics System: Our Interactive Graphics Computer System network has been custom built by us to suit the many demands of Civil Engineering, Planning and Surveying. Its hardware and software products are recognized as superior in the fields of reproducing mapping and land related engineering and surveying. Our several graphics workstations are Pentium 500 MHz to 800 MHz Based machines, all with 20" high resolution monitors. Each unit is equipped with at least a 20 Gigabyte hard drive, and at least 128 Megabytes of RAM. We also utilize a Hewlett Packard 6000i DAT backup system, to reliably backup our entire system. The system is unlimited in expandability through the addition of devices and networking with other products. Its powerful Microstation 32 software supports 63 concurrent working levels (or overlays), 16,065 simultaneous displayable and plotting levels at anyone time to the same location through multi-file references. The workstations are networked together with FAST-Ethernet to provide ease of unlimited file access for technical personnel and plotting is accomplished through our several Hewlett Packard Design Jet 600, 650C and 750C color plotters and Color Laser Jet 4500 printer. Micro-Computer CADD System: CTA utilizes a Novell network, equipped with a 100Base-T Fast Ethernet configuration, the fastest and most reliable means to link over fifty (50) micro- computer workstations. These workstations include IBM . compatible systems ranging from Pentium 166 MHz to the latest Pentium 800 MHz systems each equipped with at least 64 Megabytes RAM,S Gigabyte hard disks, 1.44 megabyte floppy disk drives, SVGA graphics cards, equipped with multisync high resolution monitors. The software consists of Windows for Workgroups, Windows NT Version 4.x, Windows 98, AutoCAD, Version 14, Advanced Interconnected Pond Routing, Eagle Point Engineering Software, Cybernet, CAiCE, Microsoft Office, as well as custom programs for specialized operations. The micro-computer system is set up where files can be shared and passed between systems without the need for translation programs. Our administrative support utilizes Microsoft Office for it's word processing and presentation needs. Our engineering and design staff members utilize South Florida Water Management District's stonnwater management programs and MicroHardy Cross programs. Partial List of Application Capabilities: . Survey calculations and CADD drawings of rights-of-way property boundaries, building and utility locations, site layout geometry plans, and base sheets for engineering and landscape design. CR~EN lflOMPSON & ASSOCIJlJES INC . Gegraphical Information Systems (GIS). . Coordinate geometry calculations (COGO). . Survey calculations and plotting of survey maps and least square adjustment. . Earthwork calculations and plotting of cross-sections and profiles. . Precise leveling adjustments. . Digitized map and drawing preparation. . Cadastral data base with attached alphanumeric data files, in addition to graphic, properly, utility and easement locations. . Digital terrain models and topographic contouring . Piling analysis (plan locationlas-stakedlas-built) . Data exchange and data transfer . Drainage (Intergraph INFLOW) Management Information System: Operating in the VMS environment to handle all our accounting functions on our central file server and utilizing a Dataproducts LB-3l5 high-speed printer. The system is equipped with BST Management's Financial Information Software, designed to meet the administrative and financial requirements of professional engineering firms. Capabilities include a project control system (including FDOT approved cost accounting reporting), billing control system (including CTA formatting of our client invoices), financial control system (genera] ledger, accounts receivable and accounts payable) and payroll system. Management Information Systems Department: Our M.I.S. Department oversees our 50-Plus workstations and maintains all of the hardware and software, and keeps our systems current with all the latest hardware and software updates to ensure peak performance for all of our engineers. Internet Capabilities: The Internet has become an integral part of our day to day functionality, providing us with the ability to send and receive projects in an almost instantaneous manner, allowing us to remain accurate, efficient, productive, and beyond all else, competitive. CR~EN lROMPSON & ASSOCII>JES INC. EXPERIENCE IN MUNICIPAL AND PUBLIC ENGINEERING CT A has provided engineering and consulting services to numerous South Florida municipalities and governmental agencies over the years. A list of these cities and agencies are shown below: . Survey Work for Aventura Government Center . City of North Miami Beach . City of Miami . Broward County Office of Environmental Services (BCOES) . Broward County Engineering Division (BCED) . Broward County Aviation Division (BCAD) . Port Everglades . School Board of Broward County . City of Mira mar . City of Sunrise . City of Pembroke Pines . City of Lauderhill . City of Margate . City of Plantation . City of Tamarac . City of Coral Springs . City of Pompano Beach . City of Deerfield Beach . City of Coconut Creek . City of Sebastian . Central Broward Water Control District . Sunshine Water Control District . South Broward Drainage District . Pine Tree Water Control District . Miami International Airport . South County Neighborhood Improvement Project . Central County Neighborhood Improvement Project . North Central County Neighborhood Improvement Project CR~EN lFlOMPSON & ASSOClr>JES INC. PROJECT TEAM Craven Thompson & Associates, Inc. (CT A) has assembled a project team possessing unrivaled qualifications for providing Consulting Engineering Services to the City of Aventura. The purpose of this section is to define the team structure, and to present the key individuals with their respective responsibilities. The CTA personnel selected provides strong Project Management and technical oversight capabilities, together with some unique insights into the immediate project area. CTA has the depth and availability of staff to handle an aggressive schedule for completion of the projects. Kevin M. Hart, P.E. will serve as the Project Manager, providing direction to the project team, scheduling, assignment of tasks and overall responsibility for the quality of the product. He will perform all liaisons with the City of Aventura. The Principal-in-Charge for the project will be Robert D. Cole, II, P.E., who together with James M. Mullen, P.E. will provide technical review and input on specific design tasks as necessary. Timothy J. Hall, P.E., Paula H. Hollihan, P.E. and Stephen F. Botek, P.E will be available to provide engineering support and design expertise on select projects. Douglas M. Davie, P.S.M. will coordinate any required surveying needs in support of the engineering staff or as requested by the City. In addition to our engineering and surveying staff, CT A will be available to assist the City in the areas of Planning and Landscape Architecture if desired. Edward P. Ploski, AICP will oversee any planning related assignments and Joseph D. Handley, R.L.A. will provide Landscape Architecture services. If needed, Tyler Chappell will be available to assist the City in any wetland or environmental issues. Additional staff available to assist the City includes Engineers, Surveyors, Planners, Landscape Architects, CADD Technicians and Construction Inspectors. To compliment the engineering and planning capabilities of CTA, Tinter Associates, Inc., will provide any required traffic engineering and planning services. Tinter Associates, Inc. is a transportation engineering and planning firm based in Fort Lauderdale, who offers a wide variety of transportation-related services including traffic engineering, traffic and transportation studies, traffic signal, roadway lighting, and pavement marking and signing construction plans, evaluations of traffic impacts of new developments, travel demand forecasting, transit planning traffic management, right-of-way condemnation, and corridor analyses. They are experienced in Broward County and understand the traffic elements involved in the City of Aventura. Alan L. Tinter, P.E. and Andrew G. Sebo, P.E. will provide traffic expertise. The CT A staff is well qualified to meet the needs and objectives of the City. Copies of resumes of our key personnel and subconsultants are attached. CR~EN lHOMPSON & ASSOCI~ES INC CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: TO: City Commission DATE: May21,2001 SUBJECT: Law Enforcement Mutual Aid Agreement Between the City and the City of Florida City June 5, 2001 City Commission Meeting Agenda Item ~E RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing execution of the Law Enforcement Mutual Aid Agreement with the City of Florida City. BACKGROUND In order to improve cooperative relationships between law enforcement agencies and provide a mechanism to share police resources in the event of emergencies or certain demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows agencies to enter into Police Services Mutual Aid Agreements. The various departments use a basic Mutual Aid Agreement. The following list comprises the circumstances and conditions under which mutual aid may be requested: 1. 2. The joint multijurisdictional criminal investigations. Civil affray or disobedience, disturbances, riots, demonstrations, controversial trials, political conventions, and strikes. Any natural disaster. large protest labor disputes 3. 4. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large-scale evacuations, aircraft and shipping disasters, fires explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from disturbances within detention facilities. 7. Hostage and barricade subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back-ups to emergency and in-process calls, pursuits, and missing person calls. 9. Enemy attack. 10. Transportation of evidence requiring security. 11. Major events, e.g., sporting events, concerts, parades fairs, festivals and conventions. 12. Security and escort duties for dignitaries. 13. Emergency situations in which one agency cannot perform its functional objective. 14. Incidents requiring utilization for specialized units, e.g., underwater recovery, aircraft, canine motorcycle, bomb, crime scene, marine patrol, and police information. 15. Joint training in areas of mutual need. The Agreement is beneficial in our mission to protect the safety and quality of life of our residents. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0971-01 RESOLUTION NO. 2001-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF FLORIDA CITY FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized on behalf of the City of Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between the City of Aventura and the City of Florida City for law enforcement activities in substantially the form as attached hereto. Section 2. The City Manager is hereby authorized to do all things necessary and expedient in order to effectuate the execution of the attached Agreement described in Section 1 above, and to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow Resolution No. 2001-_ Page 2 PASSED AND ADOPTED this 5th day of June, 2001. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY /tms O~lDA.{;> ,,:V I<} 'f"'A II' ~ -' ., ,':,~~. , -,' 1'1' Office of the Police Chief POLICE Commissioner Eugene D. Berry Commissioner R.S. Shiver Commissioner Juanita Smith Mayor Otis T. Wallace Vice Mayor Tommy Dorsett Police Chief Marc Elias Jr. April 27, 2001 Chief Tom Ribel City of Aventura Police Department 5461 SW 188m Avenue Avenutra, FL. 33332 RE: Mutual Aid Agreement Chief Ribel, Enclosed you will find two (2) Mutual Aid Agreements packages, between City of Florida City and City of Aventura. Please review and sign both. Keep one for your Department and return the other one to us, in the self-addressed envelope. Should you have any questions, please feel free to contact me at (305) 247-8223. Sincerely, / I aJ. , i I .,' \tJl./l~ ' ,I; I .v..t-- , Marc Elias, Jr. \. Chief of Police P.O. Box 343569 Florida City. Florida 33034-0569 (305) 247-8223 . Fax (305) 245-5001 "Police and Community - A Partnership In Progress" Office of the Police Chief ~OLlC€, ~~ ~k? MRtDA CITY POLICE Comm ssioner Eugene D. Berry Comm ssioner R,S. Shiver Comm ssioner Juanita Smith Mayor Otis T. Wallace Vice Mayor Tommy Dorsett Police Chief Marc Elias Jr. JOINT DECLARATION OF THE CHIEF OF THE CITY OF FLORIDA CITY POLICE DEPARTMENT AND THE CHIEF OF THE CITY OF AVENTURA POLICE DEPARTMENT PURSUANT TO THE MUTUAL AID ACT An agent or police officer of either of the participating law enforcement agencies shall be considered to be operating under the provisions of the Mutual Aid Agreement when: participating in law enforcement activities that are preplanned and approved by each respective agency head or appropriately dispatched in response to a request for assistance from the other law enforcement agency. In compliance with and under the authority of the Mutual Aid Agreement heretofore entered into by the City of Florida City and the City of Aventura, it is hereby declared that the following list comprises the circumstances and conditions under which mutual aid may be requested and rendered regarding police operations pursuant to the agreement. Said may be amended or supplemented from time to time as needs dictate by subsequent declarations. 1. Joint multijurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes and strikes. 3. Any natural disaster. 4. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large-scale evacuations, aircraft and shipping disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills and electrical power failures. P.O. Box 343569 Florida City. Florida 33034-0569 (305) 247-B223 . Fax (305) 245-5001 "Police and Community - A Partnership In Progress" 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from or disturbances within detention facilities. 7. Hostage and barricaded subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back-ups to emergency and in-progress calls, pursuits and missing person calls. 9. Enemy attack. 10. Transportation of evidence requiring security. 11. Major events; e.g., sporting events, concerts, parades, fairs, festivals and conventions. 12. Security and escort duties for dignitaries. 13. Emergency situations in which one agency cannot perform its functional objective. 14. Incidents requiring utilization of specialized units; e.g., underwater recovery, aircraft, canine, motorcycle, bomb, crime scene, marine patrol and police information. 15. Joint training in areas of mutual need. 16. Joint multijurisdictional marine and air interdiction operations. M DATE:~ DATE Tom Ribel, Chief City of Aventura Police Department ATTEST ATTEST ~'^~ ;~ City Clerk reuJ City Clerk o MUTUAL AID AGREEMENT Between City of Florida City Police Department and Participating Municipal Police Departments WHEREAS, it is the responsibility of the governments of the City of Florida City, Dade County, Florida and the participating Dade County municipalities to ensure the public safety of their citizens by providing adequate levels of police services to address any foreseeable routine or emergency situation; and WHEREAS, because of the existing and continuing possibility of the occurrence of law enforcement problems and other natural and man-made conditions which are, or are likely to be, beyond the control of the services, personnel, equipment or facilities of the City of Florida City Police Department or the participating municipal police departments; and WHEREAS, in order to ensure that preparation of these law enforcement agencies will be adequate to address any and all of these conditions, to protect the public peace and safety and to preserve the lives and property of the people of the City of Florida City and the participating Dade County municipalities; and WHEREAS, the City of Florida City and the participating Dade County municipalities have the authority under Chapter 23, Florida Statutes, (1993), the Florida Mutual Aid Act, to enter into a mutual aid agreement; NOW THEREFORE, BE IT KNOWN that the City of Florida City, a political subdivision of the State of Florida, and the undersigned representatives, in consideration for mutual promises to render valuable aid in times of necessity, do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions: 1. Short Title: Mutual Aid Agreement 2. Description: Since this Mutual Aid Agreement provides for the requesting and rendering of assistance for both routine and law enforcement intensive situations, this Mutual Aid Agreement combines the elements of both a voluntary cooperation agreement and a requested operational assistance agreement, as described in Chapter 23, Florida Statutes (1993) 3. Definitions: a. Joint Declaration: A document which enumerates the various conditions or situations where aid may be requested or rendered pursuant to this Agreement, as determined by concerned agency heads. Subsequent to execution by the concerned agency heads, the joint declaration shall be filed with the clerks of the respective political subdivisions and shall thereafter become part of this Agreement. Said declaration may be amended or supplemented at any time by the agency heads by filing subsequent declarations with the clerks of the respective political subdivisions. b. Agency or participating law enforcement agency: Either the City of Florida City Police Department or the participating municipal police department. c. Agency Head: Either the Chief of the City of Florida City Police Department, or the Chiefs designees; and the Chief of Police of the participating municipal police department, or the Chief's designees. d. Participating municipal police department: The police department of any municipality in Dade County, Florida, that has approved and executed this Agreement upon the approval of the governing body of that municipality. e. Certified law enforcement employee: Any law enforcement employee certified as provided in Chapter 943, Florida Statutes (1993) 1 4. Operations: a. In the event that a party to this Agreement is in need of assistance as specified in the applicable joint declaration, an authorized representative of the police department requiring assistance shall notify the agency from whom such assistance is requested. The authorized agency representative whose assistance is sought shall evaluate the situation and his available resources, and will respond in a manner deemed appropriate. b. Each party to this Agreement agrees to furnish necessary manpower, equipment, facilities and other resources and to render services to the other party as required to assist the requesting party in addressing the situation which caused the request; provided, however, that no party shall be required to deplete unreasonably its own manpower, equipment, facilities and other resources and services in rendering such assistance. c. The agency heads of the participating law enforcement agencies, or their designees, shall establish procedures for giving control of the mission definition to the requesting agency, and for giving tactical control over accomplishing any such assigned mission and supervisory control over all personnel or equipment provided pursuant to this Agreement to the providing agency. 5. Powers, Privileges, Immunities, and Costs: a. All employees of the participating municipal police department, including certified law enforcement employees as defined in Chapter 943, Florida Statutes, (1993), during such time that said employees are actually providing aid outside of the jurisdictional limits of the employing municipality pursuant to a request for aid made in accordance with this Agreement, shall, pursuant to the provisions of Chapter 23, Florida Statutes, (1993), have the same powers, duties, rights, privileges and immunities as if they were ., performing their duties in the political subdivision in which they are normally employed. b. The political subdivision having financial responsibility for the law enforcement agency providing services, personnel, equipment or facilities pursuant to the provisions of this Agreement shall bear any loss or damage to same and shall pay any and all expenses incurred in the maintenance and operation of same. c. The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement shall compensate all of its employees rendering aid pursuant to this Agreement during the time of the rendering of such aid and shall defray the actual travel and maintenance expenses of such employees while they are rendering such aid. Such compensation shall include any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. Such compensation shall also include all benefits normally due such employees. d. All exemption from ordinance and rules, and all pension, insurance, relief, disability, workers' compensation, salary, death and other benefits which apply to the activity of such officers, agents or employees of any such agency when performing their respective functions within the territorial limits of their respective agencies shall apply to them to the same degree, manner and extent while engaged in the performance of their functions and duties extraterritorially under the provisions of this Mutual Aid Agreement. The provisions of this Agreement shall apply with equal effect to paid and auxiliary employees. 6. Indemnification: The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement agrees to hold harmless, defend, and indemnify the requesting law enforcement agency and its political subdivision in any suit, action or claim ., for damages resulting from any and all acts or conduct of employees of said pro,viding agency while providing aid pursuant to this Agreement, subject to chapter 768, Florida Statutes, (1993), where applicable. 7. Forfeitures: It is recognized that during the course of the operation of this Agreement, property subject to forfeiture under the Florida Contraband Forfeiture Act, Florida Statutes, (1993), may be seized. The property shall be seized, forfeited and equitably distributed among the participating agencies in proportion to the amount of investigation and participation performed by each agency. This shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act. 8. Conflicts: Any conflicts between this Agreement and the Florida Mutual Aid Act will be controlled by the provisions of the latter, whenever conditions exist that are within the definitions stated in Chapter 23, Florida Statutes (1993). 9. Effective Date and Duration: This Agreement shall be in effect from date of signing, through and including, January 1, 2006. Under no circumstances may this Agreement be renewed, amended or extended except in writing. 10. Cancellation: This Agreement may be cancelled by either party upon sixty (60) days written notice to the other party. Cancellation will be at the discretion of the Chief executive officers of the parties hereto. " AGREED TO AND ACKNOWLEDGED this cOk 'W ~ Otis T. Wallace, Mayor City of Florida City, Florida ATTEST: 8AQ"k P ~ City Clerk, City of Florida City, Florida APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~ t fv1A~L- lty Atto ney, City of Florida City, Florida day of 2001 City of Aventura, Florida Tom Ribel, Chief City of Aventura Police Department ATTEST: City Clerk, City of Aventura, Florida APPROVED AS TO FORM AND LEGAL SUFFICIENCY: City Attorney, City of Aventura, Florida CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: City Commission .. .E' Eric M. Soroka, City" r May 21, 2001 TO: DATE: SUBJECT: Resolution Declaring Equipment Surplus June 5, 2001 City Commission Meeting Agenda Item -1...f RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution declaring certain property in the Police Department as surplus to the needs of the City. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0972-01 CITY OF AVENTURA POLICE DEPARTMENT TO: FICE MEMORANDUM FROM: To DATE: May 17, 2001 SUBJECT: Surplus Property I would like to have the below listed city property declared Surplus Property as per City of Aventura APDP, Chapter 6, Subsection 5, Page 1 as these items have become inadequate for public purposes: Neon sign - "Aventura Police DepartJnenf' Due to the impending move into the Government Center the above sign is no longer of use to the Police Department or the City. I request that it be disposed of in a manner deemed appropriate by the City. K-9 Astor K-9 Astor was purchased by the City in 1997 from the City of North Miami Beach. At that time K-9 Astor was 5 years old and since being purchased has worked as a law enforcement K-9 with the Police Department. K-9 Astor is now nearing 9 years of age and it is time to retire this canine after almost 4 years of service. I would request that Officer Helen Morrison, Astor's handler for the past seven years, be allowed to purchase the K-9 for the sum of $10.00 from the City, if the Commission approves declaring the K-9 as surplus property. Adapto Wire Mesh Hold Cell The hold cell was installed as a temporary holding facility for the prisoners awaiting transport or processing. The new police facility has 4 new hold cells with interview rooms. Stainless Steel Penal Plumbing Fixtures These fixtures were installed in the hold cells as a combination toilet, water fountain and sink. The new cells have newly installed fixtures. 1997 BMW Vehicle This vehicle became property of the City of Aventura as a result of filing for possession under Florida Forfeiture law. This vehicle is to be sold to a local vendor and money derived from the sale will be deposited into the Forfeiture Account. I request that the above items be disposed of and removed from the asset records of the city. RESOLUTION NO. 2001-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager desires to declare certain property as surplus to the needs of the City; and WHEREAS, Ordinance No. 2000-09 provides that all City-owned property that has been declared surplus cannot be disposed of prior to the preparation and formal approval of a resolution by the City Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals Adopted. The above recitals are hereby confirmed and adopted herein. Section 2. The property listed on Exhibit "An has been declared surplus and is hereby approved for disposal. Section 3. The City Manager is authorized to dispose of the property listed on Exhibit "An through a public auction, sale or trade-in. Section 4. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 5. This Resolution shall become effective immediately upon its adoption. Resolution No. 2001-_ Page 2 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 Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow PASSED AND ADOPTED this 5th day of June, 2001. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EXHmIT "A" Item Neon Police Department Sign K-9 Astor Adapto Holding Cell Holding Cell Plumbing Fixtures Make Year VIN Number Citv Vehicle # BMW 1997 WBAC03323VAV19753 F743 Estimated Value $ 3,000 N/A 9,000 1,800 Estimated Value $6,000 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: TO: City Commission DATE: May 22,2001 SUBJECT: Disbursement of Police Forfeiture Funds June 5, 2001 City Commission Meeting Agenda Item.J?..:.. G RECOMMENDATION It is recommended that the City Commission adopt the following Motion to Expend Funds from the Police Forfeiture Fund: "Motion authorizing the appropriation of up to $29,900 for specialized training, forfeiture expenses, removal of old Police Department sign, crime prevention activities and equipment and training equipment expenses from the Police Forfeiture Fund in accordance with the City Manager's memorandum". BACKGROUND As per the attached Staff Report, the Police Chief has requested approval to appropriate Police Forfeiture Funds as follows: 1. Specialized Training $20,000 2. Forfeiture Expenses $3,200 3. Removal of Old Police Department Sign $1,100 4. Crime Prevention Activities and Equipment $2,000 5. Specialized Equipment for Officer Training $3,600 If you have any questions, please feel free to contact me. EMS/aca Attachment CC0977-01 CITY OF AVENTURA POLICE DEPARTMENT FROM: INTER OFFICE MEMO E"' J'. SO~... C;ly :1;. Th~lefof 01 e TO: DATE: April 24, 2001 SUBJECT: Use of Forfeiture Funds Florida State Statute 932.704 requires that money resulting from forfeitures be maintained in a special law enforcement trust fund, and that the funds be expended only upon request of the Chief of Police to the governing body of the municipality and approval of the governing body. I am requesting City Commission approval for the expenditure of: Total Amount of Request: $20,000 $3,200 $1,100 $2,000 $3600 $29,900 Specialized Training Reimbursement for Professional Services (LETF related) Draping and Removal of Neon Sign Crime Prevention Activities and Equipment Specialized Equipment for Officer Training I certify that this requested expenditure complies with Florida State Statute 932.704 in that: 1. Funds will be used for an appropriate law enforcement purpose. 2. Funds are not being used as a normal source of revenue for the Police Department. 3. Funds were not considered in the adoption and approval of the budget of the Police Department. Specialized Training - These training courses are specialty courses such as Instructor in H&K Firearms, etc. This training involved extraordinary expenses and sending one officer out of state in order to attend the course. Reimbursement for Professional Services - This request is to reimburse the Operating budget for expenses incurred while pursuing forfeiture cases on behalf of the department. Draping and Removal of Neon Sign - At the time that the police department went into full service the city purchased a neon sign, "Aventura Police Department", that was placed atop the building containing our leased offices. At this time the police department has moved into our new facility and the sign is no longer needed and needs to be removed. Crime Prevention Articles and Equipment - This cost involves the purchase of articles and equipment used by our Crime Prevention Specialist during demonstrations and lectures during the course of his duties. Specialized Equipment for Officer Training - This is to reimburse the Operating Budget for the purchase of specialized equipment to be used in the course of Officer Survival Training. This equipment will allow officers a high degree of realism during their survival training. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: TO: DATE: SUBJECT: Traffic Control Jurisdiction Agreement - Mariner Village June 5, 2001 City Commission Meeting Agenda Item _J~...:)t RECOMMENDATION It is recommended that the City Commission authorize the execution of the attached Traffic Control Jurisdiction Agreement with Mariner Village to provide traffic control jurisdiction by our Police Department over the private roads within the condominium. The Agreement will increase the visibility of the police force and enhance traffic enforcement. BACKGROUND In our continued efforts to provide improved police services to the community, we have initiated a program that allows a condominium or homeowners associations to enter into an Agreement with the City to provide traffic control jurisdiction over a private roadway within the development. This permits the Police Department to conduct traffic enforcement activities on private property at the request of the owner. Florida State Statute 316.006 allows municipalities to enter into such agreements provided they are reimbursed for the actual costs of traffic control and enforcement, the owner agrees to indemnify the City and provide liability insurance. The City will bill the owner $25.00 per hour for each officer required to perform the traffic enforcement detail when requested by the owner. Whenever possible, traffic complaints made by the occupants of the property will be responded to and handled as a call for service, without charge to the owner. Memo to City Commission Page 2 The program has been received well by the community. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0972-01 RESOLUTION NO. 2001-_ 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 MARINER VILLAGE 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute the attached Traffic Control Jurisdiction Agreement between Mariner Village and the City of Aventura. Section 2. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow Resolution No. 2001-_ Page 2 PASSED AND ADOPTED this 5th day of June, 2001. ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY JEFFREY M. PERLOW, MAYOR ~.~. "" TRAFFIC CONTROL JURISDICTION AGREEMENT THIS AGREEMENT is made and entered into this r day of ~~~~ ) (the "Owner") and the City of Aventura, Florida, a londa municipal corporation Zc-:><.l ( ft/4-/ .~, . / - by and between (the "City"). RECITALS A. Owner owns fee simple title to all the private roadways within the area described as follows: mAt<,JiVSrc V I LLA tr~ of Dade County, Florida, and commonly known as (the "Private Roads"). B. Owner desires the City to exercise traffic control jurisdiction over the Private Roads, and City'desires to exercise such traffic control jurisdiction, pursuant to Florida State Statutes 316.006. NOW, THEREFORE, for Ten and No/IOO Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and City agree as follows: 1. Recitals. The foregoing Recitals are true and correct and are incorporated herein by this reference. 2. Traffic Control Jurisdiction Services. The City agrees to exercise traffic control jurisdiction over the Private Roads in accordance with the following terms and conditions. (a) City shall provide for Police Officers of its Police Department to patrol, by motor vehicle, the Private Roads, in accordance with the schedule and manpower indicated on Exhibit "A" attached hereto, subject to availability. (b) In exercising such traffic control jurisdiction, the City shall enforce the traffic laws generally applicable to streets and highways under the City's original jurisdiction which are similar in nature to the Private Roads, except only that the City shall enforce the speed limit established by Owner, in Owner's sole discretion, for the Private Roads, which speed limit Owner shall post along the Private Roads by appropriate signage. (c) The City's exercise of traffic control jurisdiction pursuant to this Agreement shall be in addition to the jurisdictional authority presently exercised by the City over the Private Roads under law, and nothing herein shall be construed to limit or remove any such jurisdictional authority, the City agreeing to continue to provide such other police services as are otherwise provided under law. (d) In addition to exercising traffic control jurisdiction over the Private Roads as indicated on Exhibit "A", the City shall be entitled to exercise traffic control jurisdiction, even when not requested by Owner; provided, however, the City shall not be entitled to any compensation from Owner pursuant to Paragraph 3 below for exercising such discretionary additional traffic control jurisdiction, although the City shall 2 be entitled to retain all revenues from traffic citations issued by the City for violations of traffic laws along the Private Roads, in accordance with law. (e) Nothing in this Agreement shall require, authorize or permit the City to exercise any control or responsibility concerning the installation or maintenance of traffic control devices. 3. Compensation. Owner shall compensate City for the services performed by the City under this Agreement at the rate indicated on Exhibit "B" attached hereto, so as to assure full reimbursement for costs incurred by City, as determined by City, on the 15th day of each month for service provided in the prior month, upon invoice from City. In addition, the City shall be entitled to retain all revenues from traffic citations issued by the City for violation of traffic laws along the Private Roads as provided by law. Except as provided in the first sentence of this Paragraph 3, Owner shall not be responsible to pay the City any compensation for performing police services pursuant to this Agreement. This shall not preclude the assessment of impact fees or other fees provided by law. 4. Liabilitv Not Increased. Neither the existence of this Agreement nor anything contained herein shall give rise to any greater liability on the part of the City than the City would ordinarily be subjected to when providing its normal police services as routinely provided throughout the City. 5. Term. The term of this Agreement shall be one (1) year commencing on the date hereof and ending one (1) year following the date hereof, and shall thereafter automatically continue for successive one (1) year terms, unless terminated by either 3 party upon written notice to the other party given at least thirty (30) days prior to the expiration of the then-applicable one (1) year term. 6. Entire Aqreement. This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof and may not be changed, altered or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought. 7. Governinq Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any litigation between the parties for any controversy arising from or related to this Agreement shall be in the 11th Judicial Circuit in and for Dade County, Florida. 8. Indemnification and Insurance. Owner agrees to defend, indemnify and hold the City harmless from any claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed or recovered against or from the City by reason of any property damage or bodily injury, including death, sustained by any person whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out of or is incidental to or in any way connected with this Agreement, and regardless of whether such claim, demand, suit, loss, damage, cost or expense is caused in whole or in part by City's negligence, or by the negligence of City's agents, servants or employees. In support, but not in limitation of this indemnification provision, Owner hereby agrees to maintain and pay all premiums for a policy of comprehensive general liability insurance in an amount of not less then $300,000 combined single limit insurance covering any occurrence on or adjacent to the Private Roads described above, resulting in property damage or bodily injury or death to person or persons. 4 Such insurance policy shall name the City and City's officers, agents and employees as additional insured with respect to traffic control or enforcement of the Private Roads and shall provide for 30 days prior written notice of any cancellation or change in scope or amount of coverage of such policy. Owner shall furnish City with a Certificate of Insurance evidencing compliance with the provisions of this section. EXECUTED as of the date first above written in several counterparts, each of which shall be deemed an original, but all constituting one Agreement. Signed, sealed and delivered 'O'hF01 ~/ OWNER: ,./~~ By (!Alk-J ~J ~ '- ATTEST: CITY OF AVENTURA, a Florida Municipal corporation By Eric M. Soroka City Manager Teresa M. Soroka, CMC/AAE City Clerk Approved as to Legal Sufficiency: City Attorney 5 Exhibit A Patrol Aventura Police Officers in marked police vehicles or motorcycles will patrol the private roads of the ~ on a random basis 24 hours per day. Whenever ssible, Traffic complaints made by occupants of the property, will be responded to and handled as a call for service, without charge to the Owner. Traffic complaints that require extended patrol, where the cost of service will be billed to the Owner, will only be conducted with prior approval of the Owner. When requested by the Owner to perform specific traffic enforcement duties, the Owner will be billed in accordance with Exhibit B. 6 Exhibit B Compensation The City will bill the Owner $25.00 per hour for each officer required to perform the requested traffic enforcement detail. 7 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: City commission_..~ Eric M. sorokar ~vcnaf er May 25, 2001 TO: DATE: SUBJECT: Resolution Establishing Procedures for the Appointment of Members to Advisory Boards June 5, 2001 City Commission Meeting Agenda Item ~T Attached hereto is a Resolution establishing procedures for the appointment of members to City Advisory Boards as reviewed at the May Commission Workshop Meeting. EMS/aca Attachment CC0980-01 RESOLUTION NO. 2001-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING PROCEDURES FOR THE APPOINTMENT OF MEMBERS TO ADVISORY BOARDS; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The following procedures shall be utilized by the City Commission in the appointment of members to Advisory Boards. A. Each Commissioner shall nominate one individual for appointment to each Board established by ordinance of the City Commission by providing said nomination in writing to the City Manager. The City Manager shall provide copies of the nomination to all members of the Commission. Appointments shall be made by the Mayor subject to approval by the Commission by Resolution. B. The remaining members of each Board shall be appointed as follows: 1. The City Manager shall advertise for and receive applications from interested individuals that desire to serve on the City's Advisory Boards. 2. Copies of all applications shall be provided to the City Commission and the City Commission shall interview the interested applicants at a Workshop Meeting. Resolution No. 2001 Page 2 3. After utilizing this process, the Mayor shall make appointments to the Advisory Board, subject to approval of the Commission by Resolution. Section 2. 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 Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow PASSED AND ADOPTED this 5th day of June, 2001. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EXHIBIT "A" CITY MANAGER'S PERFORMANCE EVALUATION PACKAGE - as reviewed at the May Commission Workshop Meeting: . Salary Increase to $145,000 . $12,500 Bonus Effective June 1,2001 0-3'" CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: City commission_.. ~ Eric M. soroka'?,~M(ge May 29, 2001 DATE: SUBJECT: Bermello, Ajamil & Partn Phase II Work Authorization - Community I Recreation Center for Architectural and Engineering Services June 5, 2001 City Commission Meeting Agenda Item fo-K RECOMMENDATION It is recommended that the City Commission authorize the execution of the Phase II Work Authorization for the Design and Construction Administration of the Community I Recreation Center with Bermello, Ajamil & Partners. The base fee is $444,000. BACKGROUND As previously authorized, the City Administration has negotiated the Scope of Services and fees for the above-referenced project. The attached Work Authorization is the result of the negotiations and has been reviewed by the City Attorney. The major points of the Agreement are as follows: 1. The base fee is $444,000, which is consistent with similar contracts for City projects and other cities. The normal fee is between 9 - 12% of the project budget. The project budget is $4,500,000. 2. Additional services for the landscape design associated with the park portion of the project, shoreline design and civil permitting are also included in the Agreement. 3. The completion of the design work is scheduled for November 1, 2001, with a proposed construction completion date of November 2002. Memo to City Commission Page 2 4. The City will utilize the Construction Manager at Risk process. We are in the process of interviewing construction firms for a recommendation at the next Commission Meeting. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0983-01 EXHffiIT D - PHASE II WORK AUTHORIZATION BASIC SCOPE OF WORK 1.0 BASIC SERVICES The CONSULTANT'S Basic Services shall include normal architectural, structural, MEP an civil engineering services for the design and engineering services for the improvements. The Project which CONSULTANT shall design shall consist of a fully functional CommunitylRecreation Center including related parking and landscaping. PROJECT shall be generally consistent with the Phase I design, master plan and conceptual Study results and consist of approximately 23,240 square feet of enclosed building area and 12,404 square feet of covered walkways. If requested by the CITY the PROJECT may include a raised running track to be located in the Gym. 1.1 SCHEMA TIC PHASE 1.1.1 The CONSULTANT shall prepare from the approved Masterplan and Conceptual Study Design Phase, for approval by the CITY, the Schematic Phase Documents consisting of drawings and other documents to fix and describe the character of the entire project as it relates to the architectural, structural, mechanical, civil, landscaping, electrical disciplines, materials and such other essentials as may be appropriate. 1.2 DESIGN DEVELOPMENT PHASE 1.2.1 The CONSULTANT shall prepare from the approved Schematic Design Phase, for approval by the CITY, the Design Development Documents consisting of drawings and other documents to fix and describe the character of the entire project as it relates to the architectural, structural, mechanical and electrical disciplines, materials and such other essentials as may be appropriate. 1.2.2 Consultant shall, in the design phase of the Project, identify with the assistance of the City and Construction Manager all necessary permits and approvals from governmental authorities which will be needed to construct the Project. The Consultant shall assist the City in applying for all necessary permits (said permit fees to be paid by the City). Consultant shall render such professional services and advice to assist in obtaining said permits or only onsite for W ASD, DERM, HRS approvals. Such services shall be considered Basic Services under this Contract provided that services, analysis, or tests which are not normally part of the application process for a particular permit or approval shall be compensated as Additional Services. 1.2.3 Design Development Phase at its completion, requires the Construction Manager's approval of the Project's budget and drawings before proceeding to the Construction Document Phase. 1 1.2.4 Additive alternatives to be identified by the Construction Manager at this phase for Consultant to develop the necessary drawings within the approved scope of work. 1.2.5 Adding a second story jogging track in the gym shall be an additive alternate 1.3 CONSTRUCTION DOCUMENTS PHASE 1.3.1 The CONSULTANT shall prepare Drawings and Specifications setting forth in detail the requirements for the construction of the Project including the necessary bidding information and assistance to the City in its completion of the bidding forms to be provided by CITY, which includes such items as the Conditions of the Contract, and the form of Agreement between the CITY and the Contractor, to satisfy the requirements ofthe CITY'S Manager and City Attorney. 1.3.2 The CONSULTANT shall advise the CITY in reviewing of any adjustments to GMP or construction schedules indicated by the Construction Manager At Risk as retained by the City of Aventura. G.M.P. and construction schedule to be issued and approved by Construction Manager at 50% Construction documents. 1.3.3 The CONSULTANT shall arrange for and attend all necessary meetings, provide permittable construction documents, and strive to resolve all problems inherent to review and filing of the required documents for the approval and permits of governmental authorities having jurisdiction over the project in order to comply with the applicable regulations. The City's Community Development Department shall assist to keep Consultant apprised of any pending code changes that they are aware of during the design phase. 1.3.4 The CONSULTANT shall structure the construction plans in a manner to include sufficient alternates for construction so as to strive to ensure that the bids received will not exceed the funds available for the Project. 1.3.5 Upon completion of the construction documents, the Consultant shall furnish the City with a complete electronic copy of the construction documents, including the plans and specifications. The electronic copy shall be in AutoCad Release 12 or above format. 1.4 CONSTRUCTION PHASE ADMINISTRATION OF THE CONSTRUCTION CONTRACT 1.4.1 The Construction Phase will commence with the Notice of Commencement and will terminate when the final application for payment is due the Contractor (defined as the party awarded the contract to construct the Project) and is approved by the City. This contract shall provide basic services during the entire 2 construction phase, which time for completion will be established at a maximum of 12 months in the contract for construction. If the contract for construction exceeds the 12 month construction schedule the CONSULTANT shall be entitled to additional compensation, subject to the City's prior approval, which shall not be unreasonably withheld. 1.4.2 The CONSULTANT, as the representative of the CITY and as administrator of the Contract during the Construction Phase, shall advise and consult with the CITY and all of the CITY'S instructions to the Contractor shall be issued through the CONSULTANT. The Consultant shall hold necessary pre-construction meetings and other job progress meetings as necessary. 1.4.3 The CONSULTANT shall at all times have access to the Work wherever it is in preparation or progress. 1.4.4 The CONSULTANT shall be in attendance at the site frequently enough to familiarize himself with the progress and quality of the Work to determine if the Work is proceeding in accordance with the Contract Documents. On the basis of his on-site observations, the CONSULTANT shall use its best efforts to guard the CITY against defects, deficiencies, and poor workmanship in the Work of the Contractor. The CONSULTANT shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work. However, nothing herein contained shall be construed to relieve the CONSULTANT of his obligation to ascertain to the extent possible, to the best of his knowledge, through the exercise of due diligence, whether work performed by the Contractor is in accordance with the Contract Documents; the CONSULTANT shall immediately advise Contractor and CITY when, in his opinion, such problems or any non-conforming work occur. Consultant shall regularly keep City informed as to the progress and quality of the work. 1.4.5 Based on such observations at the site and on the Contractor's Application for Payment, the CONSULTANT shall determine the amount owing to the Contractor, and shall issue Certificates for Payment in such amounts. The issuance of a Certificate for Payment shall constitute a representation by the CONSULTANT to the CITY based on the CONSULTANT'S observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated; that to the best of the CONSULTANT'S knowledge, the quality of the Work is in accordance with the Contract Documents, subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests required by the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate for Payment; and that the Contractor is entitled to payment in the amount certified. 3 1.4.6 The CONSULTANT shall have the responsibility to recommend the rejection of all Work which does not substantially conform to the Contract Documents. He will have authority to request special inspection or testing of any Work in accordance with the provisions of the Contract Documents whether or not such Work be then fabricated, installed or completed. CITY will then have the option of choosing the vendor to perform such testing or inspection services. However, neither this authority of the Consultant nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Consultant to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the Work. 1.4.7 The CONSULTANT shall review and approve or take other appropriate action on shop drawings, samples, and other submissions of the Contractor for conformance with the Design Concept of the Project and for compliance with the information given in the Contract Documents. 1.4.8 The CONSULTANT shall evaluate all requests for Change Order and prepare necessary Change Orders (for either increased compensation or time) in a form acceptable to the City and review and make recommendations on all requests for Change Orders made by Contractor. Consultant shall assist City in any negotiations with Contractor relative to compensation required as a part of any Change Order and shall also advise City regarding any changes necessary in the construction time schedule. 1.4.9 The CONSULTANT shall conduct reviews to determine the Dates of "Substantial Completion" and "Final Completion," shall receive and review written guarantees and warranties and related documents assembled by the Contractor, and shall issue a final Certificate for Payment. 1.4.10 At completion of construction, the CONSULTANT shall furnish and deliver to the CITY, neatly arranged in a file, shop drawings, warranties, and instruction literature furnished by the Contractor, etc., and also deliver to the CITY, a reproducible set of construction drawings and electronic CADD files that follow the CADD guideline standards issued by the CITY at the Schematic Phase, the contractor shall furnish and deliver to the CITY marked set of as-built drawings and conditions acceptable to the CITY. Consultant shall not be required to furnish this information itself; but shall use its best efforts to obtain these documents from Contractor and shall not approve final payment until they are received. 1.4.11 All Consultant's actions shall be undertaken with such reasonable promptness allowing Consultant sufficient time to conduct adequate review and minimizing delay to the fullest extent possible. 4 1.4.12 As to the Contractor constructing the project, Consultant shall interpret and decide matters concerning performance of the Contractor under the requirements of the Construction Contract documents. Such interpretations shall be made with reasonable promptness. The Consultant shall, within a reasonable time, issue written decisions on all claims, disputes or other matters in question between the City and the Contractor relating to the execution or progress of the Work as provided in the Contract documents. 1.5 POST CONSTRUCTION EVALUATION The Consultant shall assist in the inspection of the Project one (1) month before expiration of the one-year construction warranty period and on one other occasion prior thereto upon request of the City and report any defective work under the terms of the guarantee/warranties required by the construction contract. 1.6 COMPENSATION 1.6.1 Compensation to Consultant for scope of services outlined in Exhibit "D", shall be a lump sum in the amount of $444,000.00. Said lump sum amount shall include all sub-consultants (and all others retained by Consultant) except those indicated on Exhibit "E". In addition it shall include a reproducible color rendering requested by City. Compensation shall be payable in the following increments by phase: Schematic Phase Design Development Phase Construction Document Phase GMP Determination Phase Construction and Post Construction Phase Total $ 44,400.00 (10 Percent) $111,000.00 (25 Percent) $177,600.00 (40 Percent) $ 22,200.00 (05 Percent) $ 88.800.00 (20 Percent) $444,000.00 Consultant shall submit invoices monthly for the percentage of each phase completed in the preceding month. 1.6.2 Reimbursable Expenses are in addition to compensation for Basic Services and include reasonable expenses incurred by the Consultant in the interest of the Project as identified in the following paragraphs: Expenses in connection with authorized out of town travel, long distance communications and permit fees advanced for securing approvals of authorities having jurisdiction over the Project. Expenses of reproductions, postage and handling of Drawings, Specifications and other documents as requested by City. Expense of models or additional renderings requested by the City. 5 1.7 SCHEDULE 1.7.1 The following time of performance for each phase of the Consultant service excludes time for City or agency review ofthe Consultant's submissions. Schematic Phase, Design Development & Construction Documents, including permit review - 22 weeks from notice to proceed with construction documents. Construction and Post Construction - Construction administration services shall be provided for the entire period of construction. Basic services will be provided for 13 months from notice to proceed to contractor. The Consultant shall use its best efforts to complete all phases prior to the time periods set forth above and complete all phases of the project as expeditiously as possible. Adherence to the schedule is based on the timely approval of drawings and budget by construction manager. 1.8 COMPENSATION FOR ADDITIONAL SERVICES City shall compensate Consultant for authorized additional services only and/or any other alternates requested by the City of Construction Manager that are not described in 1.2.5 for changes made by City (which are not the result of errors or omissions of Consultant) and shall be based upon mutually agreed upon fee utilizing the hourly fees outlined in Exhibit "B" The parties shall agree on Consultant's fee for additional services consistent with this analysis. Authorized Additional Services: . Landscaping Services $41,000 . Civil and Shore Line Design, Construction Documents and Basic Construction Administration $7,500 . Civil Permitting on Site for W ASA, DERM ,HRS $2,500 . Civil Shoreline Permitting (Hourly Basis) 6 CITY OF A VENTURA FLORIDA ATTEST: By: Teresa M. Soroka, CMC City Clerk Eric M. Soroka, City Manager Date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY BERMELLO, AJAMIL & PARTNERS By: Date: 7 Eric Soroka - Construction Managers for CommlRec Center From: To: Date: Subject: In alphabetical order: Cummings Dooley & Mack Stobs Bros. Thank you. Bob Page 1 Robert Sherman Eric Soroka 5/29/01 10:15AM Construction Managers for CommlRec Center RESOLUTION NO. 2001-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION "EXHIBIT D" FOR COMMUNITY/RECREATION CENTER PHASE II ARCHITECTURAL AND ENGINEERING SERVICES BY AND BETWEEN THE CITY OF AVENTURA AND BERMELLO, AJAMIL & PARTNERS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute the attached Work Authorization "Exhibit D" for Community/Recreation Center Phase II Architectural and Engineering Services by and between the City of Aventura and Bermello, Ajamil & Partners. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Resolution No. 2001-_ Page 2 Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow PASSED AND ADOPTED this 5th day of June, 2001 JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: DATE: May 25,2001 SUBJECT: Resolution Adopting in Principle the Capital Improvement Program Document 2001/02 to 2005/2006 June 5, 2001 City Commission Meeting Agenda Item ~L RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution adopting, in principle, subject to annual revision and authorization, the Capital Improvement Program for 2001/02 to 2005/06. BACKGROUND The 2001/02 to 2005/06 Capital Improvement Program document represents the fourth update of the CIP that was originally prepared for the five-year cycle of 1997 to 2002. The document was reviewed at the May Commission Workshop Meeting. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0979-01 RESOLUTION NO. 2001-_ 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 2001/02 TO 2005/06; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Capital Improvement Program document for fiscal years 2001/02 to 2005/06, attached hereto was presented and recommended to the City Commission of the City of Aventura by the City Manager as a long term plan of proposed capital expenditures, the means and methods of financing the projects and an action plan for the implementation of the projects; and WHEREAS, the City Commission recognizes the need to adopt a Capital Improvement Program to address Beautification and Parks, Roads, Drainage and Infrastructure Improvements, Public Buildings and Facilities, Information Technology and Capital Equipment Purchase and Replacement which represents a commitment by the community toward achievement and maintenance of a desirable high quality of life for all residents; and WHEREAS, the City Commission recognizes the need to formulate a Capital Improvement Program which adopts a sound financing plan that includes both pay-as- you-go and financing. The City Commission pledges that until October 1, 2001, they will not take action to increase ad valorem taxes to support additonal debt service requirements other than what is provided for in the proposed Capital Improvement Program document (not including the Cultural Center project) or required by the City's Resolution No. 2001-_ Page 2 Comprehensive Plan or such other County or State legislation requring or causing same, without a vote of the electors of the City of Aventura. However, in no event shall the public's health, safety, welfare or best interests be jeopardized or the City's ability to react to unforeseen emergencies or provide services to the community be limited in order to avoid additional debt or tax increases. The proposed Cultural Center project financing utilizing General Obligation Bonds will require a vote of the electors of the City; and WHEREAS, in the event operating expenditures increase at a higher level than expected, or unanticipated events reduce key revenue sources, on an annual basis the City Commission will endeavor to reprioritize projects or revise the schedules in order to eliminate the need for ad valorem tax rate increases during the next year (2001-2002). However, in no event shall the public's health, safety, welfare or best interests be jeopardized or the City's ability to react to unforeseen emergencies or provide services to the community be limited in order to avoid tax increases; and WHEREAS, the City Commission has reviewed the Capital Improvement Program document at a public meeting of the City Commission and wishes to adopt said document in concept. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission hereby accepts and adopts in principle, subject to annual revisions and authorization, the City of Aventura Capital Improvement Resolution No. 2001-_ Page 3 Program document for fiscal years 2001/02 to 2005/06 attached hereto and incorporated herein as specifically as if set at length herein. Section 2. The City Manager be and the same is hereby authorized to do all things necessary and expedient in order to carry out the aims of this Resolution. Section 3. This Resolution shall take effect immediately upon adoption. The foregoing Resolution was offered by Commissioner its adoption. The motion was seconded by Commissioner being put to a vote, the vote was as follows: , who moved , upon Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow PASSED AND ADOPTED this 5th day of June, 2001. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY City of A ventura Capital Improvement Program 2001/02 2005/06 .!..........'..."...."'.'.....'... I' ' ;^.....:.<... ;"""',f..., ;:>C','-""" \' 1.." r 1 CAPITAL IMPROVEMENT PROGRAM 2001/02 -2005/06 CITY OF AVENTURA CITY COMMISSION Mayor Jeffrey M. Perlow Vice Mayor Ken Cohen Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert CITY MANAGER Eric M. Soroka DEPARTMENT DIRECTORS Weiss Serota Helfman Pastoriza & Guedes, P.A., City Attorney Harry M. Kilgore, Finance Support Services. ' Robert M. Sherman, Community Services Teresa M. Soroka, City Clerk Thomas Ribel, Police Chief Brenda Kelley, Community Development City of Aventura Government Center 19200 West Country Club Drive Aventura, Florida 33180 Office of the City Manager The Honorable Mayor and Members of the City Commission City of Aventura Aventura, Florida 33180 Enclosed herein is the proposed City of Aventura Capital Improvement Program (CIP) for the fiscal period October 1, 2001 through September 30, 2006 and the proposed Capital Budget for the Fiscal period October 1, 2001 through September 30, 2002. This document represents the fourth update of the CIP that was originally prepared for the five year cycle of 1997 to 2002. The update process is important for the CIP to become a continuing and ongoing planning/implementation process. The last four years of last year's program were reevaluated in light of unanticipated needs, cost revisions, new project priorities and the financial condition of the City. In addition, the CIP was updated to add new projects in the fifth year (2005/06) to complete the cycle. Projects included within the framework of the program were based on input from Commissioners, staff, City consultants and citizens. The primary goal of the Capital Improvement Program is to develop a long-term plan of proposed capital expenditures, the means and methods of financing, and a schedule of priorities for implementation. The program forms the foundation for governmental participation in the development process and represents a commitment by the community toward the achievement and maintenance of a desirable high quality of life. The facilities and service provided by the City government are intended to offer the greatest citizen benefit and reflects the City's identified needs, desires, and financial capabilities. It is important to stress that the CIP is a planning tool to evaluate infrastructure needs of the City as well as the financial capabilities of the .City_ In order to determine the impact of the CIP on the City's future operating budget, the City Commission and residents will be provided with the benefits of a CIP document which serves as a point of reference and includes an estimated long-term budget plan. PHONE: 305-466-8910 . FAX: 305-466-8919 www.cityofaventura.com Each year the CIP document will be updated and an additional fiscal year will be added to complete the cycle. The CIP thus becomes a continuing and ongoing process. The following represents the significant revisions or modifications to the proposed CIP compared to the prior document: . Millennium Park/Community/Recreation Center -$4,500,000 . Waterways Park Development -$6,400,000 . Purchase Property for Charter School - $4,000,000 . Updated Cultural Arts Center cost figures in line with the recent study. . Eliminate previously proposed increase in Stormwater Utility rate for 2001/02 fiscal year. The proposed 2001 - 2006 Capital Improvement Program includes 24 projects in 5 functional categories with a total value of $43,315,913. The following represents the percentage of total funding that each functional category has been allocated: Beautification & Parks Facilities (34%), Public Buildings and Facilities Improvements (46%), Roadway, Drainage and Infrastructure Improvements (11%), Capital Equipment Purchase and Replacement (5%) and Information/Communication Technology (4%). Major emphasis was placed on the following projects: . Cultural Arts Center . Waterways Park Development . Millennium Park/Community/Recreation Center . Purchase Property for Charter School . Citywide Beautification Improvements . Stormwater Drainage Improvements . Road, Street Lighting & Safety Improvements . Improved Radio Communications for Police services $16,000,000 6,400,000 4,500,000 4,000,000 3,495,000 2,575,000 2,285,000 575,000 The approval of the Cultural Arts Center is subject to raising $8,000,000 from private sources and voter approval for the tax increase necessary to fund the project. Two areas of improvement still needs to be investigated in future CIP documents. Construction costs associated with the Charter School PLC and Elementary School will be included in the next CIP update. At the conclusion of the City's efforts to address the City assuming the Library Services currently provided by the County, revenues and costs associated with this project would need to be included in future documents. The program contains a detailed funding plan that forecasts revenues necessary to fund both the Capital Improvement Program and the operating budgets over the next five years. The proposed funding plan is based on the assumption that operating expenditures can be maintained at certain percentage increases and revenue increases at specified rates. It is significant to note that the funding plan has little financial impact on residents and the community. Importantly, it continues to establish an ongoing mechanism to address the City's infrastructure needs. The proposed funding plan supports the City Commission's commitment not to increase the current Ad Valorem tax rate for the next year, unless an unforeseen emergency occurs or the public's health, safety welfare or best interests are jeopardized. The only tax increase included in the funding plan is designed to support the proposed Cultural Arts Center and is subject to voter approval. However, depending on economic trends that exist in 2005, the necessity for a tax increase in the fifth year (2005/06) should be seriously evaluated by the City. I am proud of the many accomplishments and the support the City Commission and residents have shown in the implementation of the capital projects since the incorporation of the City. Our beatification projects, the completion of the new Government Center and many other community enhancements continue to exhibit our commitment to excellence and professionalism. This document serves many purposes. Importantly it serves as an aid to the residents in providing a better understanding of the City's long-term capital needs and how the City intends to meet these demands. It also details our continuing efforts to address the needs and concerns of the citizens of Aventura while making prudent financial decisions which contribute to the City's long term financial health. The preparation and formulation of this document could not have been accomplished without the dedicated efforts of all Department Directors and their staff. Their professional efforts have assisted in the preparation of this important planning program. I request and recommend that you take the following actions regarding the proposed 2001 - 2006 Capital Improvement Program: 1. Hold a workshop to review the CIP document. 2. Transmit copies of the CIP summary document to the public. 3. Hold a public hearing to conceptually adopt the final CIP document, by resolution, for implementation. All questions relating to the CIP should be referred to my attention. ~~UIlY submitte , Eric M. Soro City Manager CAP/TAL IMPROVEMENT PROGRAM 2001 - 2006 HIGHLIGHTS · The proposed funding plan supports the City Commission's commitment not to increase the current property tax rate for the next year. The only tax increase included in the funding plan is scheduled for 2004/05 and is designed to support the proposed Cultural Arts Center and subject to voter approval and raising $8,000,000 from private sources. · Development and construction of the new $4,500,000 Millennium Park/Community Recreation Center at the end of N E 188th Street. · Construction of a Cultural Arts Center to expand cultural activities for the community and enhance the quality of life for residents. · Utilizes a stormwater utility program to correct and improve drainage along roadways for certain areas of the City. A total of $2,575,000 worth of improvements will be completed during the five year period. · Includes $6,400,000 for the purchase of additional land and construction of an expanded Waterways Park facility. · A total of $3,495,000 of Citywide beautification improvements including median landscaping, decorative street light fixtures and signage is funded to continue to fulfill our goal of being the most beautiful City in South Florida. Major improvements include: Grade Separation Project, Country Club Drive, Yacht Club Way and William Lehman Causeway . Includes $4,000,000 to purchase property for the proposed charter elementary school. . The systematic replacement of bus benches, shelters and trash receptacles will continue to be made over the next five years. . Road maintenance projects to enhance safety are included for NE 207th Avenue, Country Club Drive and Aventura Boulevard. . Continues to address a sidewalk improvement and replacement program. . Provides the necessary equipment to continue to provide high quality and effective police services . Continues the implementation of technology improvements and management information systems to enhance the productivity and efficiency of City operations. . Ensures that the tools of production, vehicles, equipment and technology, are available for city operations. CAPITAL IMPROVEMENT PROGRAM 2001 - 2006 TABLE OF CONTENTS INTRODUCTION Purpose of the Capital Improvement Program Legal Authority Development of the Capital Improvement Program - Capital Improvement Program Policies Preparing the Capital Budget Locating a Specific Capital Project Reading the Program Schedules OVERVIEW OF RECOMMENDED PROJECTS Summary of Recommended Projects Summary of Major Programs Summary of Proposed Appropriations by Funding Source Summary of Project by Location and Year FUNDING PLAN PAGE 1 2 2 3 4 4 5 6 6 7 8 Introduction Debt VS. Pay As You Go Financing Required Separation of Funding Sources Summary Proposed Financing Plan General Fund Long Term Financing Action Plan Proposed Financing Plan Park Development Fund Proposed Financing Plan Police Impact Fee Fund Proposed Financing Plan Stormwater Utility Fund 9 9 10 11 12 17 18 19 20 PROJECT DESCRIPTIONS AND FUNDING SCHEDULES Beautification and Park Facilities Improvements Roadway, Drainage and Infrastructure Improvements Public Buildings and Facilities Improvements Information/Communications Technology Capital Equipment Purchase and Replacement 22 30 37 40 46 INTRODUCTION City of Aventura INTRODUCTION This section describes what a Capital Improvement Program is and the process for developing the City of Aventura Capital Improvement Program and Capital Budget. This introduction also explains how to locate a specific project in this document. PURPOSE OF THE CAPITAL IMPROVEMENT PROGRAM The purpose of the Capital Improvement Program (CIP) is to establish a long term plan of proposed capital expenditures, the means and methods of financing, and a schedule of priorities for implementation. In order to determine the impact on the City's operating budget, debt service and the general trend of future expenditures, the City Commission will be provided with the advantage of a CIP document as a point of reference and estimated long term budget plan. In accordance with the State's Growth Management Act, the City is required to undergo this process in order to meet the needs of its Comprehensive Plan. The CIP is an official statement of public policy regarding long-range capital development in the City of Aventura. A capital improvement is defined as a capital expenditure of $2,500 and office equipment expenditure of $500 or more, resulting in the acquisition, improvement or addition to fixed assets in the form of land, buildings or improvements, more or less permanent in character, and durable equipment with a life expectancy of more than one year. The CIP lists proposed capital projects to be undertaken, the year in which they will be started, the amount expected to be expended in each year and the method of financing these projects. Based on the CIP, a department's capital outlay portion of the annual Operating Budget will be formulated for that particular year. The CIP document also cbmmunicates to the citizens, businesses and interested parties the City's capital priorities and plan for implementing projects. The five-year CIP is updated annually to add new projects in the fifth year, to re- evaluate the program and project priorities in light of unanticipated needs, and to revise recommendations to take account of new requirements and new sources of funding. Capital Improvement programming thus becomes a continuing part of the City's budgeting and management procedures. The annual capital programming process provides the following benefits: 1. The CIP is a tool for implementing the City's Comprehensive Plan. 2. The CIP process provides a mechanism for coordinating among projects with respect to function, location, and timing. 3. The yearly evaluation of project priorities ensures that the most crucial projects are developed first. Capital Improvement Program 2001-2006 Page 1 City of Aventura 4. The CIP process facilitates long-range financial planning by matching estimated revenue against capital needs, establishing capital expenditures and identifying the need for municipal borrowing and indebtedness within a sound long-range fiscal framework. The sound fiscal policy that results from this process will have a positive impact on the City's bond rating. 5. The impact of capital projects on the City's operating budget can be projected. 6. The CIP serves as a source of information about the City's development and capital expenditures plan for the public, City operating departments, and the City Commission. LEGAL AUTHORITY A capital programming process to support the comprehensive plan is required by the Local Government Comprehensive Planning and Land Development Regulations, incorporated as Chapter 163, Florida Statues. DEVELOPMENT OF THE CAPITAL IMPROVEMENT PROGRAM The City's capital programming process began in December when operating departments were required to prepare requests for all proposed capital projects anticipated during the period of 2001 - 2006. A CIP Preparation Manual and related forms were distributed to all departments for this purpose. In February, departmental prioritized project requests were submitted to the City Manager's Office. Department Directors were asked to justify projects in terms of benefits derived, necessity to health, safety and welfare of the City, enhancement to City plans and policies, need of residents and funding. Projects were prioritized on the basis of Urgent, Necessary, Desirable, and Deferrable. The City Manager reviewed departmental requests and conducted individual meetings with Department Directors. The departmental requests were prioritized and the five- year schedule of projects was compiled into document form by the City Manager. The methods of financing and revenue sources were then prepared by the Finance Support Services Director and City Manager and were incorporated into the CIP document. At this point, the proposed CIP is submitted to the City Commission and public for review. In order to facilitate public involvement, public hearings and community meetings will be held to unveil and review the CIP document prior to the adoption of a Resolution approving the CIP in principle. Capital Improvement Program 2001-2006 Page 2 City of Aventura CAPITAL IMPROVEMENT PROGRAM POLICIES 1. Annually, the City will prepare a five-year capital improvement program analyzing all anticipated capital expenditures and identifying associated funding sources. Future capital expenditures necessitated by changes in population, changes in development, growth, redevelopment or changes in economic base will be calculated and included in the Capital update process. 2. The City will perform all capital improvements in accordance with an adopted capital improvement program. 3. The classification of items as capital or operating will be determined by two criteria - cost and frequency. Generally, a capital project has a "useful life" of more than one year and a value of $2,500 or more, or for office equipment $500 or more. 4. The City will coordinate development of the capital improvement budget with the development of the operating budget. Future operating costs associated with new capital improvements will be projected and included in the operating forecasts. 5. The first year' of the five-year capital improvement program will be used as the basis for formal fiscal year appropriations during the annual budget process. 6. The City will maintain all of its assets at a level adequate to protect the City's capital investment and to minimize future maintenance and replacement costs. 7. The City will identify the estimated cost'of capital projects and prepare a funding projection that considers revenues and operating costs to be included in the Capital Improvement Program document that is submitted to the City Commission for approval. 8. The City will determine the most appropriate financing method for all new projects. 9. If appropriate, the City will attempt to maintain a mixed policy of pay-as-you-go and borrowing against future revenues for financing capital projects. 10 The City will maintain ongoing maintenance schedules relating to road, sidewalk and drainage system improvements. 11. The City will address and prioritize infrastructure needs on the basis of protecting the health, safety and welfare of the community. 12. A CIP preparation calendar shall be established and adhered to. 13. Capital projects will conform to the City's Comprehensive Plan. 14. Long-term borrowing will not be used to fund current operations or normal maintenance. . , 15. The City will strive to maintain an unreserved general fund balance at a level not less than 7.5% of the annual general fund revenue. 16. If new project appropriation needs are identified at an interim period during the fiscal year, the funding sources will be identified and mid-year budget Capital Improvement Program 2001-2006 Page 3 City of Aventura amendments will be utilized to provide formal budgetary authority. In addition budget amendments may be utilized to increase appropriations for specific capital projects. PREPARING THE CAPITAL BUDGET The most important year of the schedule of projects is the first year. It is called the Capital Budget and is adopted separately from the five year program as part of the annual budget review process. Based on the CIP, each department's capital outlay portion will be formulated for that particular year. Each year the CIP will be revised and another year will be added to complete the cycle. Capital Improvement Programming thus becomes a continuing part of the City's budget and management process. The Capital Budget is distinct from the Operating Budget. The Capital Budget authorizes capital expenditures, while the Operating Budget authorizes the expenditure, in the coming year, of funds for employee salaries, supplies, and materials. Through the City's amendment process, changes can be made to the adopted Capital Budget during the fiscal year. A request for amendment is generated by an operating department based on an urgent need for new capital project or for additional funding for a previously approved project. The request is reviewed by the Finance Support Services Director and City Manager and, if approved by the City Manager, a budget amendment is presented to the City Commission. LOCATING A SPECIFIC CAPITAL PROJECT The Capital Improvement Program is divided into five program areas as follows: Beautification and Parks (BP) Roads, Drainage and Infrastructure Improvements (RDI) Public Buildings and Facilities (PBF) Inform1ition/Communication Technology (ICT) Capital Equipment Purchase & Replacement (CE) Each project in the Capital Improvement Program has a unique project number. This project number appears at the beginning of the individual project descriptions and the Summary by Year tables. The first digit refers to functional category priority number assigned by the City Manager. The final digits outline the individual department requesting the project. For example, project RDI-1-CS is Roads, Drainage and Infrastructure Improvements project number one which was requested by the Community Services Department. Capital Improvement Program 2001-2006 Page 4 City of Aventura READING THE PROGRAM SCHEDULES Detailed information about each capital project is presented in the section titled "Capital Improvement Program Project Descriptions and Funding Schedules". The section is arranged by program area and functional category and includes a description of each project and the funding schedules. Project timetables for each functional category are indicated in the Summary by Year tables. The funding schedules are based on the funding needed to complete an individual project. A project's funding may continue for several years depending on the development timetable. Each program has a separate Funding Plan Table that outlines the revenue sources proposed to fund project expenditures. Capital Improvement Program 2001-2006 Page 5 OVERVIEW OF RECOMMENDED PROJECTS City of Aventura OVERVIEW OF RECOMMENDED PRO.JECTS SUMMARY OF RECOMMENDED PROJECTS The proposed 2001 - 2006 Capital Improvement Program includes 24 projects in 5 functional categories with a total value of $43,315,913. The following represents the percentage of total funding that each functional category has been allocated: Beautification & Parks Facilities (34%), Public Buildings and Facilities Improvements (46%), Roadway, Drainage and Infrastructure Improvements (11 %), Capital Equipment Purchase and Replacement (5%) and Information/Communication Technology (4%). SUMMARY OF MAJOR PROGRAMS The following table presents a summarized breakdown of the costs of the various projects recommended for funding categorized by major function for each of the five years covered by the Capital Improvement Program. Program Beautification & Parks Facilities Table 1 Capita/Improvement Program 2001/02-2005106 Summary By Function 2001/02 2002103 2003104 2004105 2005106 TOTAL $ 9,725,000 $ 3,650,000 $ 175,000 $1,127,000 $ 0 $ 14,677,000 4,035,000 25,000 25,000 175,000 600,000 4,860,000 4,000,000 8,000,000 8,000,000 0 0 20,000,000 489,400 317,550 314,200 307,700 345,SOO 1,n4,350 411,122 473,081 422,260 395,SOO 302,600 2,004,563 $ 18,660,522 $ 12,465,631 $ 8,936,460 $ 2,005,200 $1,248,100 $43,315,913 capital Equipment 5% Roadway, Drainage & Infrastructure Public Buildings & Facilities Information/Communication Technology Capital Equipment Totals Infonnatlon Technology 4% Beautification & Parks 34% Public Buildings 46"A. Roadway, Drainage & Infrastruture 11% Capital Improvement Program 2001.2006 Page 6 City of Aventura SUMMARY OF PROPOSED APPROPRIATIONS BY FUNDING SOURCE The following table reflects the distribution of all proposed projects to the funding source or mechanism, which is appropriate for funding the projects for each of the five years of the program. Table 2 Capital Improvement Program 2001/02-2005/06 Summary By Funding Source Funding Source 2001/02 2002103 2003/04 2004105 2005106 TOTAL General $4,327,522 $1,606,805 $842,460 $1,888,200 $1,181,500 $9,846,487 Police Impact Fees 208,000 83,826 69,000 92.000 25,000 494,426 Park Development 1,000,000 400.000 1,400,000 Stonnwater Utility 2,475,000 25,000 25,000 25,000 25,000 2,575,000 Loan Proceeds 9,650,000 1,850,000 11,500,000 Grants 500,000 1,500,000 2,000,000 G.O. Bond 6,500,000 0 6,500,000 FOOT 1,000,000 0 1,000,000 Private Donations 8,000,000 0 0 8,000,000 $ 18,660,522 $ 12,465,631 $ 8,936,460 $ 2,005,200 $ 1,248,100 $ 43,315,913 The proposed funding plan involves a commitment to annual appropriations established in yearly budgets and long term financing for major projects that are contained in Table 4, Capital Improvement Program Long Term Financing Action Plan, page 17. Funding Source Summary Police Impact Fees 1% Park Development 3% Stonnwater utility 6% General 23% Loan Proceeds 27"f" Private Donations 18% Capital Improvement Program 2001.2006 Page 7 City of Aventura SUMMARY OF PROJECTS BY LOCATION AND YEAR The following outlines the major projects by location and the year they are proposed to be funded: Table 3 Capital Improvement Program 2001/02-2005/06 Summary By Location Beautification Road Street Drainage Park Sidewalk Facilities Location Improvements Improve Lighting Improve Improve Repairs bnprove Founders Park Additions 2001&2005 Millennium Park! Cormnunity Center 2001/02 Waterways Park Development 2001-2003 Biscayne Boulevard (7) Phase III 2001/02 &IV Charter School Properly 2001/02 Country Club Drive 2002103 2001/02 2001102 2001/02 Yacht Club Way 2003/04 2004105 William Lehman Causeway 2005105 Biscayne lake Gardens Area 2001/02 NE 18Blh Street 2001/02 2001/02 CuRural Arts Facility 2002-2004 Aventura Blvd 2005/06 NE 207" Street 2005/06 Capital Improvement Program 2001-2006 Page 8 i i I \ r ........~ jI q; .~('> ~.~.... ./~ ~ G?J> ;;f EXCeW'- FUNDING PLAN City of Aventura FUNDING PLAN INTRODUCTION In order for a Capital Improvement Program to be an effective management planning tool, the program must include not only a compilation of major capital needs and their costs but also a financing plan for the entire life of the program. This financing plan must include an analysis of the available resources which will be used to fund not only the Capital Improvement Program itself but the required operating expenses and debt service requirements of the City. In order to ensure that the financing plan is complete in every respect, the plan formulation process must include: 1. A projection of revenues and resources which will be available to fund operating and capital expenditures during the life of the Capital Improvement Program. 2. A projection of future years' operating expenditure levels which will be required to provide ongoing services to City residents. 3. Once the Capital Improvement Program projects have been evaluated, a determination is made of the projects to be funded and the timing of the cash outflow for each project. The information is then tabulated to determine the amounts required to fund the Capital Improvement Program for each year. 4. From the information obtained in 1 through 3 above, the additional resources required to fund the CIP will be determined and a decision will 'be made on whether the program is to be financed by the issuance of debt, on a pay-as-you-go basis or some combination of the two. The financing plan prepared in such a manner will be as accurate as possible and should be an informative document to all City residents. However, due to the uncertainty involved in projecting operating cost increases, the community's desire for service increases and the inflow of resources over a five year period, the financing plan presented should be viewed as a theoretical framework to be adjusted each year based on the most recent information available at that time. This will be accomplished by updating the financing plan each year, adopting operating and capital budgets, and ordinances to implement fee structures which will be required to fund the program each year. DEBT VS PAY-AS-YOU-GO FINANCING Debt financing through the issuance of long term bonds is most appropriate when: 1. There are a small number of relatively large dollar value projects. Capital Improvement Program 2001-2006 Page 9 City of Aventura 2. The large projects cannot be broken into segments and the costs distributed over a larger time frame without impairing the usefulness of the project. 3. The projects are non-recurring. 4. Assets acquired have a relatively long useful life which equals or exceeds the life of the debt. Through long term bond financing, the costs of a project having a long useful life can be shared by future residents who will benefit from the projects. In contrast, pay-as-you-go financing is most appropriate for a Capital Improvement Program which includes: 1. A large number of projects having a relatively small dollar value. 2. Projects which can be broken into phases with a portion completed each year without impairing the overall effectiveness of the project. 3. Projects which are of a recurring nature. 4. Projects where the assets acquired will have relatively short useful lives. The primary advantage of pay-as-you-go financing is that the interest costs and costs of bringing a bond issue to market can be avoided. However, if inappropriately used, this financing plan may cause tax rates and fee structures to increase suddenly and may result in current residents paying a greater portion of projects which benefit future residents. In summary, the choice of the appropriate financing plan will be contingent upon an analysis of the projects to be included in a Capital Improvement Program. REQUIRED SEPARATION OF FUNDING SOURCES In order to comply with accepted governmental accounting practices and to ensure compliance with City Codes and any related Bond Indentures, the analysis and financing plan contained herein will be presented within their respective funds. Projects funded on a pay-as-you-go basis will directly relate to the Capital Fund Budget from where the source of funding is derived. Each of these Budgets will appear in the Annual Operating and Capital Improvement Budget, which is adopted each year. Those funds are currently represented as follows: . , 1. General Fund 2. Police Impact Fee Fund Capital Improvement Program 2001-2006 Page 10 City of Aventura 3. Park Development Fund 4. Stormwater Utility Fund 5. Capital Construction Fund In accordance witli accounting, legal and internal revenue requirements, all projects to be completed with the proceeds received from the sale of Bonds or loans will be accounted for in the Capital Construction Fund or Stormwater Utility.Fund. SUMMARY Detailed funding plans for individual funds of the City are enclosed herein in the following sections. The following represents an overview of the major points of the recommended funding plan: 1. Utilize "pay - as - you - go" financing through annual appropriations to fund $22,215,913 of the total five year amount of $43,315,913 2. If approved by the voters, and subject to obtaining $8,000,000.in private donations and $1,500,000 in state grants, issue long term general obligation bonds with proceeds in the amount of $6,500,000 to fund the Cultural Arts Center. The annual debt service payment of $500,000 would be paid from a voter approved debt service tax increase of 7.0%, which is approximately $32.00 a year for the average resident. 3. Utilize bank loan proceeds for Stormwater drainage improvements in an amount that generates $2,100,000. The annual debt service of will be paid from the proceeds of the Stormwater Utility fees over a five year period. 4. Obtain bank loans in the amount of $11,500,000, which includes the $6,000,000 borrowed in 2000, to fund the following . Waterways Park land purchase and development. . Millennium Park/Community Center construction . Purchase of Charter Elementary School site. The annual debt service will be paid from general fund revenue sources. 5. Utilize funding from Florida Department of Transportation in the amount $1,000,000 to supplement the City's Beatification plans on Biscayne Blvd. 6. Utilize funding from impact fees and grants in the amount of $2,394,426 to assist in the funding of the Waterways Park, drainage and police equipment. 7. No increase in the operating ad valorem tax rate is proposed over the first four years. However, depending on economic trends that exist in 2005 the necessity for a tax increase in the fifth year (2005/06) should be seriously evaluated by the City. Capital Improvement Program 2001-2006 Page 11 City of Aventura PROPOSED FINANCING PLAN GENERAL FUND After evaluating the nature of the various projects that are included in the City's General Capital Improvement Program, it was decided that both pay-as-you-go and bond financing would be' most appropriate for funding the program. Pay-As-You-Go It has been determined that those projects outlined in the five year program but not included in the Long Term Financing Action Plan will be financed under a pay-as-you-go methodology in that they, as heretofore described, represent a large number of relatively small dollar recurring projects. Bond or Loan Financinq It has been determined that those projects as shown on the Long Term Financing Action Plan will be financed through the issuance of bonds or short - term loans. As explained earlier this financing methodology works well with a small number of relatively large dollar value non recurring projects which generally will exist to benefit current and future residents during the life of the debt. FINANCING PLAN TABLES Based on this decision, the analysis which follows is aimed at developing a financing plan which will allow the City to fund General Government Services operating expenditures and all projects recommended for funding in the General Capital Improvement Program for each year of the program. Tables 1.2. and 3 reflect the proposed financing plan for the Capital Improvement Program based on the inclusion of existing revenue sources and the assumption of projections included herein. Table 1 presents a five (5) year projection of resources which will be available for General Government Services. Unless shown by an asterisk (*), the amount projected for each revenue is based on the tax rate or fee structure in effect during the 2000/01 fiscal year. Revenue descriptions followed by an asterisk (*) were computed based on a projected increase in the rate structure as discussed in the assumption of projections. Tab/e 2 presents a five (5) year projection of required operating expenses for General Government Services which utilize the cost data as outlined in the assumption of projections. Table 3 is a recap of resources available to fund the General Capital Improvement Program based on projected revenues and expenditures and the proposed Capital Improvement Program appropriations for the five (5) years of the program. Please note that this analysis assumes that all available resources not needed to fund current operating expenditures will be transferred to the Capital Improvement Program Fund Capital Improvement Program 2001-2006 Page 12 City of Aventura and that any balance in the Capital Improvement Program Fund will remain in the Capital Improvement Program. Through this process, the City will be able to accumulate a reserve which would be used to fund unexpected capital outlays or to fund future years' programs. Table 4 presents an overview of projects included in the five year plan to be financed from bond proceeds. SUMMARY OF FINANCING PLAN MODEL Based on the proposed funding plan, other than voter approved tax increases to fund the proposed Cultural Arts Center, it is not anticipated that any increase in ad valorem taxes will be necessary during the duration of the program to fund operations unless operating expenditures increase at a higher rate than expected, unanticipated events reduce key revenue sources, or an unforeseen emergency occurs during the five year period. It should be made clear that the funding plan is based on a series of projections and assumptions. If events occur that revise the projections and assumptions, the financing plan will have to be updated and amended. The City of Aventura has one of the lowest tax rate in Dade County. The following table compares the tax rates of the cities located in Dade ~;::'~l;it,~~lwr~fil".' Pinecrest Aventura UMSA Sunn Isles Bal Harbour Sweetwater Ke Bisca ne Vir inia Gardens Ba Harbor Island Coral Gables Surfside North Ba Villa e South Miami Hialeah Gardens Hialeah EI Portal Medle Miami S rin s North Miami Beach Florida Ci west Miami Homestead Golden Beach North Miami Miami Shores Bisca ne Park Islandia Miami Beach Indian Creek Opa Locka Miami Capital Improvement Program 2001-2006 e',1 2.1000 2.2270 2.4470 2.5000 3.1100 3.4400 3.6060 4.8430 5.0000 5.5000 5.6030 5.7838 6.3730 6.9120 7.5280 7.7000 7.9230 8.0380 8.3960 8.4000 8.4950 8.5000 8.5900 8.7010 8.8778 8.9000 9.2263 9.5080 9.6612 9.8000 10.7750 Page 13 City of Aventura (a) Ad valorem Tax revenue net of any tax increase will grow at the rate of 3.5% for 2001, 3.0% thereaflerto 2005 and 2.75% in 2005. (b) Proposed 7% tax increase if approved by voters for Cultural Arts Center. (c) FPL Franchise Fees from Dade County will grow at the rate of 2.5% per year.. (d) Franchise fees will grow at the rate of 3 % per year. (e) Utility taxes will grow at the rate of 3% per year. (I) Occupational Licenses will grow at the rate of 3.5% per year. (g) Building related revenues will decrease at the rate of $100,000 per year beginning in 2002. (h) State shared revenues will grow at the rate of 3.5% per year. (I) Half-cent sales tax will grow at the rate of 3.5% per year. (j) Charges for services will grow at the rate of 3.5% per year. (k) Fines & forfeitures will grow at the rate of 4% per year. (I) Gas Tax revenues will grow at the rate of 3.5% per year. (m) Modifications associated with the .Unified Communications Tax", revenues will grow at the rate of 3 % per year. Capital Improvement Program 2001-2006 Page 14 City of Aventura TABLE 2 PROJECTlON OF OPERATING EXPENDITURES FOR GENERAL GOVERNMENT SERVICES DEPARTMENT 2000101 2001102 2002103 2003/04 2004105 2005/06 City Commluton $75,270 $ 102,775 $ 104,831 $ 106,928 $ 109,066 $ 111,247 Office of the City Manager 487,546 510,000 550,800 594,864 642,453 693,849 Finance Support Services 773,150 642,734 918,580 1,001,252 1,091,364 1,189,587 Legal 205,000 205,000 209,100 213,282 217,548 221,899 City Clerk 197,065 212,830 229,857 248,245 268,105 269,553 Public Safety 5,964,907 6,829,000 7,511,900 8,187,971 8,924,888 9,728,128 Community Development 1,291,440 1,363,298 1,290,545 1,192,167 1,114,854 1,034,448 Community Services 2,758,571 2,940,000 3,325,200 3,757,476 4,058,074 4,362,720 Non - Deparbnental 731,415 710,000 766.800 824,310 886,133 952,593 TOTAL PROJECTED OPERA lING EXPENDITURE! GENERAL GOVERNMENTAL SERVICES $ 12,484,364 $ 13,715,637 $ 14,907,612 $ 16,126,495 $ 17,312,485 $ 18,604,025 1999 Debt Service 1,362,000 1,365,000 1,365,000 1,365,000 1,365,000 1,365,000 2000 Debt Service 285,000 438,000 485,000 485,000 485,000 485,000 2001 Debt Service 405,000 405,000 405,000 405,000 405,000 2003 Debt Service (Cultural Center) 500.000 500,000 500,000 TOTAL PROJECTED OPERATING EXPENDITURE: $ 13,846,364 $ 15,923,637 $ 17,162,612 $ 18,881,495 $ 20,067,485 $ 21,359,025 NOTES TO ASSUMPTION OF PROJECTIONS Operating expenditures will increase by 9 to 10% in 2001/02 to 2002/03 and between 7 to 8% thereafter. The following chart illustrates that half of the operating budget is committed to providing public safety services. OffIce at the City Manager 4% Finance Support Services 6% Commission/Legal 2% City Clerk 2% Community Services 24% Community Development 5"k Capital Improvement Program 2001-2006 Page 15 City of Aventura TABLE 3 RECAP OF AVAILABLE RESOURCES vs PROPOSED APPROPRIATIONS GENERAL CAPITAL IMPROVEMENT PROGRAM 2001/02 2002103 200312004 2004105 2005106 TOTAL PROJECTED AVAILABLE RESOURCES $18.650.600 $19.597.391 $19.359.887 820,422.926 $21.013.421 PROJECTED OPERATING EXPENDITURES 15.923,637 17.162.612 18.881,495 20.067,485 21.359,025 TRANSFER TO GENERAL CAPITAL IMPROVEMENT PROGRAM 2.726,963 2.434,779 478.392 355,440 (345.605) ~NCEFROMPREVIOUSYEAR 7.422.482 5.821.923 6,649.897 6,285.829 4.753.070 TOTAL AVAILABLE RESOURCES FOR CIP 10.149._ 8,256.702 7,128.289 6.641,270 4.407,465 PAY-AS-YOU-GO PROPOSED APPROPRIATION - CIF 4,327.522 1.606.805 842.460 1.888.200 1,181.500 BALANCE IN CIP. END OF YEAR $5.821.923 $6.649.897 $6.285,829 $4.753.070 $3.225,965 $25,000,000 $20,000,000 -- ...--- - - - - - "'..'~ - - ,;;;;-- - - --- ..- - - --- - - Revenues - $15,000,000 - 'Expenditures I- -.--CIP Fund Balance $10,000,000 - $5,000,000 -- . . -- . - '- - "- - .----~---. -- ----.-- --- ----. ----- $0 2001/02 2002/03 2003/04 2004105 2005/06 Capital Improvement Program 2001-2006 Page 16 City of Aventura CAPITAL IMPROVEMENT PROGRAM LONG TERM FINANCING ACTION PLAN The following Action Plan has been prepared to provide an overview of projects included in the five year plan to be financed from bond proceeds: Table 4 2000 Loan Proceeds $6,000,000 and Proposed 2001 Loan Proceeds $5,500,000 Proiects Millennium Park/Community Recreation Center Charter School Site Purchase Waterways Park Site Purchase and Development Proposed 2001 Stormwater Utilitv Loan* $2,100,000 Proiects Biscayne Lake Gardens Area Draina~e Improvements NE 27th Court, NE 29th Place, NE 29 Court, NE 30th Avenue NE 201 Terrace and N. E. 203 Street **to be secured by Stormwater Utility Fee Proceeds Proposed 2002 General Obliaation Bond Series** $6,500,000 Cultural Arts Center Project ** to be secured by tax increase which requires voter approval. Capital Improvement Program 2001-2006 Page 17 City of Aventura PROPOSED FINANCING PLAN PARK DEVELOPMENT FUND The Park Development Fund is used to account for revenues specifically earmarked for capital improvements to the City's park system. Impact fees from new development become a funding source for future park development plans. For purposes of this five year plan, impact fees will be utilized to assist in funding the Community Recreation Center and Waterways Park. This fund will also be used to account for the grant funding obtained for the proposed Cultural Arts Center or other park property purchases. Table 5 Recap of Available Resources and Proposed Appropriations Park Development Fund CIP 2001/02 -2005/06 Revenues 2001/02 2002103 Park Impact Fees $1,000,000 $400,000 Grants 500.000 Total Available Resources 1,000,000 900,000 for clP Proposed Appropriations $1.000.000 $900.000 Balance $0 $0 Capital Improvement Program 2001-2006 Page 18 City of Aventura PROPOSED FINANCING PLAN POLICE IMPACT FEE FUND This fund was created to account for impact fees derived from new development and restricted by Ordinance for Police Capital Improvements. This fund will provide a funding source to 'assist the City in providing police capital improvements required by growth. The proposed revenues derived from the Police Impact Fee Fund for the five year period is $494,426. Major capital outlay items include new equipment purchases required by growth in the police department. Table 6 reflects the anticipated revenues available and the proposed appropriations for this fund for the five year period. Table 6 Recap of Available Resources and Proposed Appropriations Police Impact Fee Fund CIP 2001/02 -2005/06 Revenues 2001/02 2002103 2003/04 2004/05 2005/06 Police Impact Fees $208,000 $ 83,826 $69,000 $92,000 $41,600 Total Available Resources 208,000 83,826 69,000 92,000 41,600 forCIP Proposed Appropriations $208.000 $83.826 $69.000 $92.000 41.600 Balance $0 $0 $0 $0 $0 Capital Improvement Program 2001-2006 Page 19 City of Aventura PROPOSED FINANCING PLAN STORMWATER UTILITY FUND The City of Aventura is responsible for stormwater management activities within the corporate boundaries. Dade County was responsible for stormwater facility construction, operation and maintenance prior to the incorporation of the City. The County provided a very limited level of stormwater maintenance. Many drainage and flooding problems exist in the City that require major capital improvements. In order to address the deficiencies and develop an ongoing maintenance program, a Stormwater Utility Fund will be created. The Fund will generate revenues for stormwater management costs, permitting and capital improvements from a source other than the General Fund, gas taxes or ad valorem taxes. The Utility relies on user fees charged to residents and businesses for generating revenues. The City has recognized the need and importance of taking a pro-active approach toward stormwater management. To accomplish this, the City contracted with its consulting engineers to prepare a stormwater management feasibility study. The stormwater drainage improvements contained in the five year Capital Improvement Program were based on a complete survey of all areas of the City conducted by the Community Services Department together with the City's consulting engineers. The Fund will be responsible for ongoing operation and maintenance costs, as well as capital improvements. The yearly operating expenses will be made by the General Fund and reimbursed by the Stormwater Utility Fund as a transfer of revenue. Table 7 reflects the anticipated revenues available and the proposed appropriations for the Stormwater Utility Fund for the five year period. A $2,100,000 loan will be required in 2001 to fund capital improvements during a portion of the five year period. A total of $2,570,000 worth of stormwater drainage projects will be completed during the five year period. The monthly rate charged to users per unit was $2.50 for 2000/01. It will increase to $2.75 beginning in 2002/03. DADE COUNTY MUNICIPALITIES STORMWATER UTILITY RATES Coral Gables $3.50 Golden Beach $12.00 Hialeah $2.50 Homestead $ 1.25 Key Biscayne $5.00 Medley $ 2.50 Miami $3.50 Miami Beach $ 2.50 Miami Shores $2.50 North Miami $ 2.50 North Miami Beach $2.50 South Miami $ 2.50 Sweetwater $2.50 Capital Improvement Program 2001-2006 Page 20 City of Aventura TABLE 7 RECAP OF AVAILABLE RESOURCES vs PROPOSED APPROPRIATIONS STORMWATER UTILITY FUND 2000101 2001102 2002103 2003104 2004105 20051lJ6 Customer Data: Projected No. of aillable ERUs (1) 30,000 30,750 31,519 32,307 33,114 33,942 Monthly Rate Per ERU $2.SO $2.SO $2.75 $3.00 $3.00 $3.00 Revenues: Gross Stormwater Utility Billings (2) $900.000 $922.500 $1,040,119 $1.163.042 $1.192.118 $1,221,921 Less: Uncollectibles (3) -36,000 -36.900 41,605 ..46,522 -47,685 -45,877 Yiefds: Net stoJmlNater Rev enues $ 864,000 $ 885.600 $ 998.514 $ 1.116.520 $ 1.144.433 $ 1,173,044 Other Revenues (4) 0 0 0 0 0 Total Operating ~evenues $ 864,000 $ 885.600 $ 998,514 $ 1,116,520 $ 1,144,433 $ 1,173.044 ~ng Expenses: (5) Operation & Maintenance 112,_ 116.985 121,665 126,531 131,593 136.856 Administration Data Management 10,124 10,124 10,529 10.950 11.388 11,844 WASD BiAlng 18,560 18.560 19.303 20.075 20.878 21.713 Financial Management 11,249 11,249 11.699 12,167 12,_ 13,160 MiscelJaneous Items(GIS, NPDES Permitting 28.122 28,122 29,246 30,416 31,632 32.898 Total Operating Expenses $180.541 $185,040 $192.442 $200.140 $208.145 $216.471 Available for CIP, & Debt Service $683.459 $700,560 $806.072 $916.381 $936.288 $956,573 Annual Debt Service Requirements: (6) 0 0 200,000 700.000 700,000 900,000 Repayment to Geneml Fund (7) 575.000 Net Revenues After Debt Service Available for elF $683,459 $700.560 $31.072 $216.381 $236.288 $56,573 Loan Proceeds: (8) 2,100,000 Annual CIP Expenditures: 710,000 2.475.000 25,000 25.000 25,000 25.000 carry Over of Surplus 222.000 $195.459 $521,019 $527.091 $718,471 $929.759 Annual Surplus/(Deflcit): $195.459 $521,019 $527.091 $718,471 $929,759 $961.333 NOTES TO ASSUMPTION OF PROJECTIONS Table 7 (1) Projected to grow at an annual rate of: 2.5% (2) Equals Projected No. of Billable ERUs multiplied by the Monthly Rate Per ERU, with the result annualized. (3) Equals 4% of Gross Stonnwater Utility Billings in Year Shown. (4) None projected. (5) Includes Operation and Maintenance, Administration, Review of Existing Account Data Costs. Beyond Fiscal Year 2001/02, projected to continue to grow at an annual rate of 4%. (6) Loan Repayment. (7).Repayment offunds advanced from the General Fund in 1997/98 fiscal year (8) To finance a portion of the Annual CIP expenditure5 shown. Capital Improvement Program 2001-2006 Page 21 PROJECT DESCRIPTIONS AND FUNDING SCHEDULES City of Aventura BEAUTIFICATION AND PARK FACILITIES IMPROVEMENTS This section includes beautification projects and improvements to the City of Aventura's park system and recreational facilities. There are 5 projects in the Capital Improvement Program, which total $14,677,000. Special emphasis was given to implementing an ongoing beautification program and acquiring additional park sites and upgrading existing facilities. Policies The City of Aventura's investment in improvements to the City park system is based on the following policies: . Goal: Provide adequate and accessible parks and facilities to meet the recreational needs of all current and future residents. . Continue to evaluate available vacant property for possible park sites. . Provide a variety of quality recreation facilities that will meet the needs of all age groups within the City and enhance the overall environmental characteristics of the area. . Maximize the utilization of all public facilities through the provision of variety in the type of facility offered. . Provide exercise/walking paths to enhance the physical well being of residents. . Provide recreational facilities on the basis of 2.75 acres per 1,000 population. . Encourage the integration of recreational facilities into the development of residential, commercial, industrial, and open space land uses. Goal: Update the 5-year CIP on a yearly basis. . Utilize impact fees to finance the development of future recreational facilities. . Provide parks whereby residents have access to neighborhood parks within 2 mile radius and community parks which serve the entire City. Goal: Increase Safety Standards . Provide for adequate security measures including limited access facilities. . Replace dangerous equipment and eliminate visual barriers to reduce opportunities for crime. Capital Improvement Program 2001-2006 Page 22 City of Aventura . Employ vandal-resistant equipment and facilities. . Maintain a Parks Usage Plan to protect the City's investment in the park system and insure the resident's safety. , . Goal: Protect and preserve environmentally sensitive land and water areas. . Preserve significant trees on existing sites. . Increase the utility of existing open space owned by the City. . Preserve and enhance open space with environmental impact ExistinQ Facilities There is 21.0 acres of open space and public park land in the City. Aventura Founders Park was opened in November 1998. This 11 acre site located on West Country Club Drive and NE 190 Street includes both active and passive recreational opportunities. The park encompasses the following components: Jogging Path, tennis courts, gated entries, One ball field w/ dugouts and backstops, Restroom Buildings, Decorative Fencing, Playground, picnic area, passive play areas, baywalk, landscaping, two parking lots, multi-purpose plaza areas, signage, benches, and security lighting. The Country Club Drive Exercise/Walking Path contains 5.5 acres that is classified as open space recreation area. This facility is used by residents for both recreational and exercise purposes. Waterways Park was acquired by the City in 1998 from a private developer. This 1 acre site was previously constructed by a private developer. The park is currently under design for a major expansion. The Huber Tract was purchased in 1998. This 3.5 acre site was one of the last remaining waterfront undeveloped parcels in the City. This site will be used for the new Millennium Park and Community/Recreation Center. Prior Accomplishments The following projects have been completed or are scheduled for completion as of the 2000/01 fiscal year: Proiect Title Year Conceptual Design of Aventura Founders Park 1996/97 Design of Country Club Drive Exercise Safety Improvements 1996/97 Capital Improvement Program 2001-2006 Page 23 City of Aventura Purchase of 5.5 acres for Aventura Founders Park Bus Shelter & Bench Replacements Aventura Blvd Beautification Improvements Northern Entrance Beautification Improvements Aventura Founder$ P;3rk Development Country Club Drive'ExerciselWalking Path Improvements NE 183'd Street Beautification Improvements NE 34 Avenue Beautification Improvements Library Landscaping Project Huber Tract Open Space Land Purchase NE 20th Street Beautification Improvements Country Club Dr. Exercise Path Safety Improvements NE 190th Street Beautification Improvements Biscayne Boulevard Phase I Beautification Improvements FEC Landscape Buffer NE 191 th Street Beautification Improvements Waterways Park Improvements Founders Park Improvements Biscayne Boulevard Phase II Beautification Improvements Aventura Boulevard Entrance Feature NE 185th Street & NE 28th Ave Beautification Improvements NE 213th Street Beautification Improvements Aventura Blvd. Entrance Features Community/Recreation Center Conceptual Design Expanded Waterways Park Conceptual Design Park Facilities/Open Space Recreation 1996/97 1996/97,1997/98,1998/99 1999/00, 2000/01 1997/98 1997/98 1997/98 1997/98 1997/98 1997/98 1997/98 1998/99 1998/99 1998/99 1998/99 1998/99 1998/99 1998/99 1999/00 1999/00 1999/00 1999/00 1999/00 2000/01 2000/01 2000/01 2000/01 The estimated current population for the City of Aventura is 25,300. The City's Comprehensive Plan recommended standard is 2.75 acres of park and recreation land for every 1,000 potential residents. The amount of park and recreation land required by the park standards for this population is 69.6 acres. In calculating the number of recreation acres the city has available for use by residents, public private, golf courses and marinas are accounted for at a different degree depending on accessibility to citizens of the City. Assuming that public facilities can be accounted for at 100%, private recreation facilities at 50%, and marinas and the golf course at 25%, the City existing and proposed recreation areas total 106. Therefore, no deficiency exists under the City's standards. Table PFOS1 contains an inventory of existing and proposed recreation and open space areas. The City owns 21 park/open space acres. Although a deficiency in the provision of recreation/open space does not exist, the City desires to increase access to public facilities and providing recreational opportunities for all residents by acquiring and eventually constructing additional park facilities. Capital Improvement Program 2001-2006 Page 24 City of Aventura The major park facility improvement outlined in the 2001/02 - 2005/06 relates to providing new recreational and park sites. The projects are included in the detailed project descriptions and a funding schedule that follows. (See Tables 1 and 2). The completion of the five - year Capital Improvement Program for parks/open space recreational facilities. will provide the City residents with a well rounded recreational and park system geareCl toward meeting the needs of today and tomorrow. Table PFOS 1 CITY OF AVENTURA Recreation/Open Space Inventory TYPE FACILITY Public Recreation Areas C Country Club Drive Exercise/Walking path N Huber Tract. N Waterways Park N Aventura Founders Park ACRES APPLICABLE ACRES 5.5 3.5 1.0 11.0 5.5 3.5 1.0 11.0 Public Recreation Subtotal 21.0 21.0 Private Recreation Areas Private Recreation Sites Marina Complexes Golf Courses Private Recreation Subtotal 63.61 9.40 203.17 276.18 31.81 2.35 50.79 84.95 Total Recreation Areas C = Community Park N = Neighborhood Park . = Undeveloped 297.18 105.95 Citywide Beautification Proaram In December of 1996, the City Commission approved the landscape design concepts to be utilized with the implementation of a Citywide Beautification Program. This major undertaking, addresses median and right of way landscaping throughout the public areas within the City, and was adopted as one of the City's budget priorities and goals. The landscape design includes the planting of an assortment of palm trees, including date palms at the City's entrances and coconut and royal palms on various medians throughout the City, as well as shade trees such as live oaks. Many of the trees will be illuminated and the color of the lights will change in accordance with the changing seasons. In addition, the project includes replacing the existing bus benches and shelters with more attractive and user friendly units. With this Beautification Program, the City Commission will fulfill its long-term goal of creating the signature of the City and establishing its reputation as "the most beautiful Capital Improvement Program 2001-2006 Page 25 City of Aventura City in South Florida". The actual construction of these projects will be ongoing until all of the improvements to the various areas within the City are complete. Projects have been prioritized according to the construction of the Biscayne Boulevard widening project Medians will have groundcover instead of grass, decreasing annual maintenance costs. The following are?s.have been completed or are scheduled for completion as of the 2000/01 fiscal year': . Aventura Boulevard, Northern City Entrance, NE 20yth Street, NE 183rd Street, NE 185th Street & 28th Avenue, NE 190th Street, NE 191st Street, NE 29th Avenue, NE 18yth Avenue, NE 213th Street, Biscayne Boulevard and FEC Landscape Buffer, Aventura Boulevard Entrance Features and the Library Landscaping Project FundinQ Plan Funding for the proposed beautification and park facilities will be provided by the proceeds from the following revenue sources: Total Category Budget Fundinq: General Fund Loan Proceeds FDOT Contributions Park Impact Fees Grant $14,677,000 $4,277,000 7,500,000 1,000,000 1,400,000 500,000 Capital Improvement Program 2001-2006 Page 26 City of Aventura TABLE 1 PROPOSED BEAUTIFICATION AND PARK FACILITIES IMPROVEMENTS PROJECTS SCHEDULED FOR 2001102 - 2005/06 SUMMARY BY YEAR oil;.E ;i,;n:r:;Il'j" '1-l.11ll "'['iri',.. ~'l'i'll,~ ,'I'~.!j ,~ ..;,:li,] jj'!'].il<:" BPl Millennium Park/Community Center eM $ 4,500,000 BP2 Waterways Pari< Development eM 3,650,000 2,750,000 BP3 Founders Park Improvements es 5,000 27,000 BP4 Citywide Beautification Improvements es 1,320,000 900,000 175,000 1,100,000 BP5 Bus Bench {Shelter improvements es 250,000 Totals $ 9,725,000 $ 3,650,000 $ 175,000 $ 1,127,000 $ (:i"11 $ 4,500,000 6,400,000 32,000 3,495,000 250,000 $ 14,677,000 TABLE 2 PROPOSED BEAUTIFICATION AND PARK FACILITIES IMPROVEMENTS PROJECTS SCHEDULED FOR 2001102 - 2005f()6 FUNDING PLAN F~~~~~,%~;;;;'i;ii1H~~4'#j,_ilfl!iiij BPl Millennium Park/Community Center eM $ 4,500,000 $ 1,000,000 $ 1,500,000 $ 2,000,000 BP' Waterways Park Development eM 6,400,000 400,000 5,500,000 500,000 BP3 FounOen; Park Improvements es 32,000 32,000 BP' Citywide Beautification Improvements es 3,495,000 2,495,000 1,000,000 BP5 Bus Bench ISheller improvements es 250,000 250,000 Totals $ 14,677,000 $ 1,400,000 $ 4,277,000 $ 1,000,000 $ 7,500,000 , 500,000 Capital Improvement Program 2001-2006 Page 27 City of Aventura PROPOSED PROJECTS 1-CM Millennium Park /Community Recreation Center 2001/02 $4,500,000 This project consists of developing a 3.5 acre park site on property along the tip of NE 188th Street. It will house a community/recreation center, water front recreational activities and Gym facilities. 2-CM Waterways Park Development 2001/02 $3,650,000 2002/03 $2,750,000 This project includes purchasing 6 acres from Gulfstream Racetrack and developing and expanding the current Waterways Park. The park would include a multipurpose sports field, playground, basketball court, fitness trail and preservation of 1.5 acres of mangroves. .-...-....----...- ~-'--:::;-=-.--:~-~-~-.:.'_::.- ..-. .--- - - -- ------ l";<lfIl""DIII"'- ./': <...... tt.~~;/ .',..,'" ~~..". , . . ....'.,. i3 '. c.. . ........- ---~--..~ \\ . ':.":.--' . .. .... - ,.~". ,,~~,.~,~........ - ~- ~I Capital Improvement Program 2001-2006 Page 28 City of Aventura 2001/02 Purchase land and design project for bid. 2002/03 Construction. ----.---.-----.-.-------------------------.---.---.---------------------.-.-.---.-------------.-.---.-.-.-----.-.-.-.-.----- 3-CM Founders Park Improvements 2001/02 $5,000 2004/05 $27,000 This project consists of replacing and updating playground equipment. 2001/02 Purchase Soccer Goals $5,000 27,000 2004/05 Replace Playground equipment 4-CS Citywide Beautification Improvements 2001/02 $1,320,000 2002/03 $900,000 2004/05 $1,100,000 2003/04 $175,000 This project consists of implementing the landscaping and beautification concepts approved by the City Commission. Projects have been prioritized according to the construction of Biscayne Boulevard, project visibility, and safety concerns. The primary plant palette includes date palms, royal palms, queen palms, and live oaks. Seasonal color will be used at primary intersections, and medians will have groundcover instead of grass, decreasing annual maintenance costs. 2001/02 Biscayne Boulevard (7) Phase III &IV Country Cub Drive Irrigation Pumps $1,300,000 20,000 900,000 175,000 1,100,000 2002/03 Country Club Drive 2003/04 Yacht Club Way 2004/05 William Lehman Causeway 5 - CS Bus Bench & Shelter Improvements 2001/02 $250,000 This project provides for the systematic replacement of bus benches, shelters, and trash receptacles within the City. To provide safe and attractive bus shelters, benches, and trash receptacles. 2001/02 Install 3 shelters, 10 benches 10 trash receptacles $250,000 Capital Improvement Program 2001-2006 Page 29 City of Aventura ROADWAY, DRAINAGE AND INFRASTRUCTURE IMPROVEMENTS This section includes improvements to the City of Aventura's roadways, drainage system, sidewalks, pedestrian pathways, street lighting and other infrastructure improvements. There are 4 improvement projects in the Capital Improvement Program, which total $4,860,000. Special emphasis was given to correcting drainage deficiencies, improving safety through street lighting and addressing maintenance considerations. The projects outlined in this section have been developed based on a complete survey of all areas of the City, with respect to the improvement items, by the Community Services Department, City's consulting engineer and staff. Projects outlined herein can be classified as an ongoing maintenance program to upgrade areas of the City to conform to present standards and/or major public works projects to provide long-term drainage improvements The projects were prioritized according to the urgency of the improvements needed and age of the areas to be improved. Policies The! City of Aventura's investment in improvements to the City's, roads, sidewalks, street lighting and drainage system is based on the following policies: Goal: Utilize the Stormwater Utility Fund to provide revenue sources to fund drainage improvements contained in the CIP. . Coordinate area-wide storm water developments with major street improvements. . Provide adequate storm drainage as defined by present standards for different types of areas ofthe City. . Upgrade areas of the City to conform to present drainage standards to eliminate flood prone areas. Goal: Improve local roads to meet road safety requirements and serve the transportation needs of the City. . SystematiCally provide local street improvements throughout the City based upon the existing condition and age of the street and the cost of maintenance of the street. . Provide an adequate road transportation network that meets or exceeds the capacity rating outlined in the Comprehensive Plan. .', . Implement improvements to meet safety standards. . Improve safety by installing street lighting on all public roadways. Capital Improvement Program 2001-2006 Page 30 City of Aventura . Provide walkways and sidewalks to improve the safety of residents traveling throughout the City. . Accept the dedication of private roads throughout the City in accordance with the Policy governing the conversion of private roads to public roads as outlined in Resolution No. 97-05. ExistinQ Facilities The following is a list of current public roads under the jurisdiction of the City: NE 185th Street NE 27th Court NE 28th Place NE 28th Avenue NE 29th Avenue NE 29th Court NE 29th Place NE 30th Avenue NE 34th Avenue NE 187th Street NE 188th Street NE 190th Street NE 191 st Street NE 192nd Street NE 193rd Street Aventura Boulevard West Country Club Drive North Country Club Drive East Country Club Drive NE 201 Terrace NE 203rd Street NE 205th Street NE 206th Street NE 207th Street NE 208th Street NE 208th Terrace NE 209th Street NE 211th Street NE 213th Street NE 214h Terrace NE 214h Street NE 183rd Street Yacht Club Drive Prior Accomplishments Since the inception of the Capital Improvement Program, the following projects have been completed or are scheduled for completion as of the 2000/01 fiscal year: Proiect Title Country Club Drive Drainage Improvements Sidewalk Installation - Southside of Lehman Causeway Pedestrian Safety Study Aventura Boulevard Street Lighting Improvements NE 183rd Street & Drainage Improvements NE183rd Street Lighting Improvements NE 207th Street Lighting Improvements North Aventura Stormwater Collector (213th Street) Pedestrian Transportation Circulation Safety Improvements NE 190th Street Lighting Improvements South Aventura Stormwater Collector Sidewalk Improvements & Replacements NE 34th avenue Street Lighting Improvements Year 1996/97 1996/97 1996/97 1997/98 1997/98 1997/98 1997/98 1997/98. 1997/98' 1998/99 1998/99 1998/99, 1999/00, 2000/01 1999/00 Capital Improvement Program 2001-2006 Page 31 City of Aventura NE 185th Street & NE 28th Avenue Improvements Safety Improvements - Country Club Drive NE 30th Avenue Drainage Improvements NE 213th Street Lighting Improvements NE 34th Avenue Safety/Road Improvements 1999/00 1999/00 2000/01 2000/01 2000/01 Proposed Road. Drainaae and Infrastructure Improvements The City incorporated in November of 1995, prior to that time the area of the City was under the jurisdiction of Dade County. Condominium Associations or Dade County maintained the roads and rights-of-way. The City entered into an Interlocal Agreement with Dade County that transferred the jurisdiction of all public roads and rights-of-ways to the City. In January of 1997 the City assumed the maintenance of all public roads and rights-of-way. The City's consulting engineers, Keith and Schnars, P.A. conducted an extensive evaluation of the City's infrastructure including roadways, drainage, sidewalks and streetlighting. The projects outlined in this section have been developed based on the study. The study indicated that major improvements were necessary for storm drainage and street lighting. The storm drainage improvements are based on the Stormwater Master Plan prepared by Keith and Schnars; P.A. In January 1997, the City Commission by Resolution No. 97-05 adopted a Policy governing the conversion of private roads to public roads. The Williams Island Road project was the first roadway conversion to implement the provisions of the Policy as it relates to drainage, street lighting and safety improvements. Major emphasis was placed on improving street lighting and replacing FPL cobra head lights with decorative lighting fixtures in areas that the rights-of-way could accommodate the new light fixtures. During the 1997/98 fiscal year the City in cooperation with several developers entered into an Agreement to construct the North Aventura Stormwater Collector (213th Street), 3 years ahead of schedule and at a cost savings of $1 ,000,000. In 1999 the south collector was completed using a similar private-public partnership. Projects outlined herein can be also be classified as road resurfacing in accordance with established maintenance schedules. All infrastructure upgrades of roadways will be coordinated with other projects to prevent multiple paving projects or pavement cuts. Fundina Plan Funding for the proposed roadway, drainage and infrastructure improvement projects will be provided by the following sources: Total Category Budget Fundino: General Fund Storm Water Utility Fund $ 4,860,000 $ 2,575,000 $ 2,285,000 Tables 1 and 2 showing these improvement projects and funding schedules are followed by detailed project descriptions. Capital Improvement Program 2001-2006 Page 32 City of Aventura PROPOSED ROADWAY, DRAINAGE AND INFRASTRUClURE IMPROVEMENTS PROJECTS SCHEDULED FOR 2001102 - 2005/06 SUMMARY BY YEAR CIP # Project Title Dept. # 2001102 2002103 2003/04 2004/05 2005106 Total ROl1 Stormwater Drainage Improvement CS 2.475,000 25.000 25,000 25,000 25,000 2,575,000 R0I2 Street Lighting Improvements CS 750.000 150.000 900,000 RDI3 Road Resurfacing Program CS 800,000 575.000 1.375.000 R0I4 Sidewalk Improve & Replacement CS 10.000 10.000 Totals $ 4.035,000 $ 25.000 $ 25.000 $ 175.000 $ 600.000 $ 4,860,000 TABLE 2 PROPOSED ROADWAY. DRAINAGE AND INFRASTRUClURE IMPROVEMENTS PROJECTS SCHEDULED FOR 2001102 . 2005/06 FUNDING PLAN $tQrmwater , utility Genera' CIP # Project Title Oept # Total Fund Fund . '. ~ ROIl Stormwater Drainage Improvement cs 2.575.000 2,575,000 RDI2 Street Lighting Improvements CS 900.000 900,000 R0I3 Road Resurfacing Program CS 1,375,000 1,375.000 ROl4 Sidewalk Improve & Replacement CS 10.000 10,000 ToIals $ 4,860,000 $ 2,575,000 $ 2,285.000 Capital Improvement Program 2001-2006 Page 33 City of Aventura PROPOSED PROJECTS 1-CS Stormwater Drainage Improvements 2001/02 $2,475,000 2002/03 $25,000 2004/05 $25,000 " . 2005/06 $25,000 2003/04 $25,000 Based on the Stormwater Master Plan prepared by the City's consulting engineers, the City has been divided into three major basins; (1) the area to. the south Lehman Causeway, (2) the area between Lehman Causeway and NE 20th Street and (3) the area north of NE 20th Street. The following three areas within the City have been identified as locations of primary concern: (Area 1) west of NE 30 Avenue and east of Biscayne Boulevard; (Area 2) in the southwest portion of the City bounded by NE 193 Street and to the south by NE 185 Street and; (Area 3) a triangular area located in the northwest corner of the City. The Master Plan provided for improving stormwater drainage for all parts of the City via two Stormwater Collectors, one for NE 213 Street (North Aventura Stormwater Collector), and one proposed for NE 29 Ave. between 187 and 191 Street (South Aventura Stormwater Collector). Both collectors have positive outfalls discharging the runoff into canals that connect to the Intracoastal Waterway. This will enable the effective dissemination of stormwater and resolve the street drainage problems that currently exist. The North Aventura Stormwater Collector which runs along NE 30th Avenue to NE 213th Street was completed in the 1998, two years ahead of schedule. This was accomplished by entering into a private-public partnership with the owners of Aventura Commons, Aventura Lakes and Gulfstream Racetrack and combining the drainage outfall for all entities. The South Aventura Stormwater Collector which runs along NE 29. Ave. between 187 and 191 Street was completed in the 1998/99 fiscal year. This was accomplished by entering into a private-public partnership with the owners of Champion Square Shopping Center. Additional projects included provide for the installation of stormwater drainage systems that will feed into the two collectors and ongoing annual minor drainage improvements. Most projects include the cost of resurfacing the affected roadways. Some' projects include the installation of curb, gutter, and sidewalks as needed. 2001/02 Siscayne Lake Gardens Area Drainage Improvements NE 27th Court, NE 29th Place, NE 201 Terrace and N E 203 Street $1,550,000 NE 188th Street 900,000 Minor Drainage Improvements 25,000 2002/03 Minor Drainage Improvements $25,000 $25,000 $25,000 2003/04 Minor Drainage Improvements 2004/05 Minor Drainage Improvements Capital Improvement Program 2001-2006 Page 34 City of Aventura 2005/06 $25,000 Later Minor Drainage Improvements NW City Drainage Improvements NE 204 Terrace, NE 205 Street, NE 206 Street, NE 207 Street, NE 208 Terrace, NE 208 Street NE 299 Street, NE 211 Street, NE 29 Court, NE 214 Street, NE 214 Terrace $5,000,000 ------------------------------------------------------------.-------------------------------------------.-----._------._--- 2-CS Street Lighting Improvements 2001/02 $750,000 2004/05 $150,000 This project provides for the installation of new streetlights in certain areas and the systematic replacement of the FPL cobra head lights with decorative lighting fixtures. The lights will complement the City's beautification and streetscape improvements and provide safe, well-lighted roadways that are aesthetically pleasing. 2001/02 2004/05 Country Club Drive NE 188th Street $600,000 150,000 150,000 Yacht Club Way ---------------_._-----------------_._----._-------~-- -------------------------------------------------------------------- 3-CS Road Resurfacing Program 2001/02 $800,000 2005/06 $575,000 This project consists of resurfacing roadways that are not included in the Stormwater Drainage Improvements. The roads represent the most critical areas as determined by the Community Services Department. 2001/02 2005/06 Country Club Drive Resurfacing NE 20yth Street Aventura Boulevard $800,000 350,000 225,000 ----------------------.---------------------------------------------------------------------------------------.------------ 4-CS Sidewalk Replacement Program 2001/02 $10,000 The project consists of the construction and maintenance of concrete sidewalks to improve the safety of pedestrians traveling throughout the City. The following locations are scheduled: Capital Improvement Program 2001-2006 Page 35 City of Aventura NE 29th Avenue NE 29th Court and NE 199th Street NE 28th Court NE 209th Street NE 183rd Street NE 187th Street .-----.-.-.-.-.-----.---.---------------,---.-.-.-.-----.---------------------.-----.---.---.-----------.-.-.-.-.-.-.-.---.- Capital Improvement Program 2001-2006 Page 36 City of Aventura PUBLIC BUILDINGS AND FACILITIES IMPROVEMENTS Capital projects in this functional category include the purchase of property for a school site and the construction of a cultural arts center. The Capital Improvement Program includes projects totaling $20,000,000. Policies The City's investment in improvements to public buildings and operational facilities is based on the following policies: . Provide easily accessible services to City residents and adequate parking for City facilities. . Repair and maintain all buildings and facilities in proper order to increase life of said facilities. . Provide facilities for future growth of the City and services generated by such growth. . Provide state of the art facility that reflects the cultural and aesthetics character of the City. ExistinQ Facilities Map 1 shows the location of the City of Aventura's Government Center, and the Dade County Fire Rescue Station and Library Branch. Prior Accomplishments The following projects have been completed or are scheduled for completion as of the 2000/01 fiscal year: Proiect Title Government Center/Police Station Needs Assessment Study Government Center Land Purchase .. Design of Government Center/Police Construction of Government Center Year 1996/97 1997/98 1997/98 1999/00,2000/01 FundinQ Plan Funding for the proposed Public Buildings Projects will be provided by the following sources: Total Category Budget $20,000,000 Fundina: 2001 Loan Proceeds 2003 GO Bond Issue Proceeds Private Donations Grants 4,000,000 ., 6,500,000 . 8,000,000 1,500,000 Capital Improvement Program 2001-2006 Page 37 City of Aventura TABLE 1 PROPOSED PUBLIC BUILDING AND FAClUTIes IMPROVEMENTS PROJECTS SCHEDULED FOR 2001102 ~ 2005106 SUMMARY BY YEAR 1~1~. i,u.][<Iol..ll,. 1[,Jillll. ~1:IHill' ~llJo'.lIl)l, ~1:I)olfHr, ~':l~'/I;""""~'!'lo"ll:; f'iil<11 PBF1 School Property CM S 4,000,000 S 4.000,000 PBF1 Cuttural Arts Center CM 8.000.000 8,000,000 16,000.000 Totals S 4,000,000 S 8,000.000 S 8,000,000 S S S 20,000,000 TABLE 2 PROPOSED PUBLIC BUILDING AND FAClUllES IMPROVEMENTS PROJECTS SCHEDULED FOR 2001102- 2OO5i08 FUNDING PLAN LOan BOnd G,.nt Private CIP.. Project lltlt Oept. # total ProceedS Funds; DO~ Proceeds PBF1 School Property CM s 4,000,000 PBF2 Cultural Arts Center CM 4,000,000 S 16,000,000 S 20,000,000 $ 6,500.000 1,500,000 Totals 4,000,000 S 8,500,000 S 1,500.000 S 8,000,000 8,000,000 Capital Improvement Program 2001-2006 Page 38 City of Aventura PROPOSED PROJECTS 1-CM Charter School Property Purchase 2001/02 $4,000,000 . This project consists of purchasing approximately 3 acres on NE 188th Street to construct a Charter Elementary School. 2-CM Cultural Center 2002/03 $8,000,000 2003/04 $8,000,000 This project consists of the design and construction of a Cultural Arts Center. The proposed building would be approximately 26,500 square feet with a seating capacity up to 500. The site for the Center has not been determined at this time. A public referendum would be held to obtain voter approval of the tax increase necessary to fund the annual debt service costs associated with the bond issue to fund this project. In addition $8,000,000 in private donations would be required to assist in funding the project. Capital Improvement Program 2001-2006 Page 39 City of Aventura INFORMATION/COMMUNICATIONS TECHNOLOGY This functional category includes improvements to the City of Aventura's information/communication systems, data processing and the automation of certain operations by utilizing the latest technology to enhance productivity and efficiency. There are 8 projects totaling $1,743,100. Policies The City of Aventura's investment in communication and computer projects is based on the following policies: . Continue the implementation of a Management Information System for all key City operations to automate functions and improve efficiency and productivity. . Improve and maintain City-wide radio communications capabilities for Police and other City departments. . Develop and maintain computerized capabilities of the various City departments and information systems. . Utilize the latest state of the art technology including the use of the Internet for the delivery of services. Prior Accomplishments Since the inception of the Capital Improvement Program, the following projects have been completed or are scheduled for completion as of the 2000/01 fiscal year: Proiect Title Computer Equipment (CM) Computer Equipment (FSS) Computer Equipment (CC) Computer Equipment (PD) Computer Equipment (CD) Computer Equipment (CS) Year 1996/97, 1997/98,1998/99 1999/00 1996/97, 1997/98,1998/99 1999/00, 2000/01 1996/97,1998/99 1999/00 1996/97, 1997/98,1998/99 1999/00, 2000/01 1996/97,1997/98,1998/99 1999/00, 2000/01 1996/97; 1997/98, 1999/00 2000/01 Capital Improvement Program 2001-2006 Page 40 City of Aventura TABLE 1 PROPOSED INFORMATION/COMMUNICATION TECHNOlOGY PROJECTS SCHEDULED FOR 2001/02 - 2005106 SUMMARY BY YEAR CIP # Project Title Oept. ~ 2001/02 2002103 2003104 2004105 2006/06 Total Icn Police Computers Systems POl 102.500 127.500 140,000 140.000 140,000 650.000 ICT2 Cenb'al Computer System FFS1 175,000 70.000 50,000 50,000 90.000 435,000 ICT3 Radio Purchase & Replacement P02 175.000 100,000 100,000 100.000 100,000 575.000 ICT4 Computer Equipment FSS2 13.000 4.000 4.000 4.000 13.000 38.000 ICT5 Computer Equipment CM 4.000 4,000 8.000 ICT6 Computer Equipment CSl1 2,500 2500 2.500 7.500 ICT? Complier Equipm~nt CO2 16.900 13,550 13,700 13,700 57.850 ICT8 Computer Equipment CCl 3.000 3.000 Totals $ 489,400 $ 317.550 $ 314.200 $ 307,700 $ 345.500 $ 1.774,350 TABLE 2 PROPOSED INFORMATION/COMMUNICATION TECHNOLOGY PROJECTS SCHEDULED FOR 2001/02 . 2005106 FUNDING PLAN "" ~ > ~ \0' > " ~,~- ,~ ~ , '''4' J; ~ ~ - l"'~ 1 "'-7%,,-, f' iCe '"" ~ ~ """ J _'; - - :: '~~Impaet' General CIPIt Pro~T!fle tit TuM ,F_ Fund !cn Police Computers Systems PD1 650,000 650.000 ICT2 Central Computer System FFS1 435.000 435,000 ICT3 Radio Purchase & Replacement P02 575,000 100,000 475.000 ICT4 Computer Equipment FSS2 38,000 38,000 ICTS Computer Equipment CM 6,000 8,000 ICT6 Computer Equipment CSl1 7,500 7,500 ICT? Computer Equipment CO2 57,850 57.850 ICT8 Computer Equipment CCl 3.000 3,000 Totals $ 1,774.350 $ 100.000 $ 1.674,350 Capital Improvement Program 2001-2006 Page 41 City of Aventura PROPOSED PROJECTS 1 - PD Police Computers Systems 2001/02 $102,500 2002103 $127,500 2003/04 $140,000 2004/05 $140,000 2004/05 $140,000 This project consists of purchasing computer equipment and software that utilizes the latest technology for the Police Department. The primary system consisting of CAD dispatch, records nianagement and mobile laptop computer capabilities was acquired in the 1996/97 fiscal year but will require expansion during the five year plan to accommodate growth and required upgrades. 2001/02 2002/03 2003/04 2004/05 2005/06 5 Desktop Computers 12,500 Upgrades 25,000 Replace 12 Mobile Laptops 65,000 5 Desktop Computers 12,500 Upgrades 50,000 Replace 10 Mobile Laptops 65,000 10 Desktop Computers 25,000 Upgrades 50,000 Replace 12 Mobile Laptops 65,000 Upgrades 50,000 Replace 12 Mobile Laptops 65,000 10 Desktop Computers 25,000 Upgrades 50,000 Replace 12 Mobile Laptops 65,000 10 Desktop Computers 25,000 ~_._._-------------_._-_._---_._-------------_._._._----------------------------------------------------------.-.-.-------- 2 - FS Central Computer System 2001/02 $175,000 2002103 $70,000 2003/04 $50,000 2004/05 $50,000 2005/06 $90,000 This project consists of purchasing new and replacement computer hardware and software for the City's general computer system, which is used by all City Departments. The primary system was acquired in the 1996/97 fiscal year but requires expansion and replacement to stay current with the state of computer technology. Capital Improvement Program 2001-2006 Page 42 City of Aventura 2001/02 2002/03 2003/04 2004/05 2004/06 Upgrades Recreation Registration Software Building/PW Permitting Software Servers for Building/Recreation Upgrades Upgrades Upgrades Upgrades 90,000 50,000 15,000 20,000 70,000 50,000 50,000 90,000 --------------------.-------------.---------------------------------------------------------------------------.-------._--- 3-PD Radio Purchase & Replacement 2001/02 $175,000 2002/03 $100,000 2003/04 $100,000 2004/05 $100,000 2005/06 $100,000 This project consists of purchasing equipment to establish and maintain an 800 Mhz police radio system to improve communications and purchase new radios for projected additional personnel in the Police Department and replace radios that may become damaged or become inoperative during the five-year period. 2001/02 2002/03 2003/04 2004/05 2005/06 10 Handheld & 10 Mobile Radios 800 Mhz Radio System upgrades 10 Handheld & 10 Mobile Radios 800 Mhz Radio System Upgrades 10 Handheld & 10 Mobile Radios 800 Mhz Radio System Upgrades 10 Handheld & 10 Mobile Radios 800 Mhz Radio System Upgrades 10 Handheld & 10 Mobile Radios 800 Mhz Radio System Upgrades 50,000 125,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 50,000 ------------------------------.-------------------------------------------------------------.------------------------------ 4 - FSS Computer Equipment 2001/02 $13,000 2002/03 $4,000 2003/04 $4,000 2004/05 $4,000 2005/06 $13,000 Capital Improvement Program 2001-2006 Page 43 City of Aventura This project includes the cost of equipment projected for new positions and replacement of existing equipment for the various employees of the department. 5-CM Computer Equipment 2001/02 $4,000 2003/04 $4,000 This project consists of upgrading computer equipment in the Office of the City Manager. 6-CS Computer Equipment 2002/03 $2,500 2003/04 $2,500 2005/06 $2,500 This project consists of purchasing and upgrading computer equipment in the Community Services Department. 2002/03 Computers 2005/06 Computers 2,500 2,500 2,500 2003/04 Computers 7-CO Computer Equipment 2001/02 $16,900 2002/03 $13,550 2003/04 $13,700 2004/05 $13,700 ThiS project consists of computer upgrades, replacement printers and the implementation of field computers for code compliance and building inspections for the Community Development Department. 2001/02. Replace 2 Computers 1 Form Printers 3 Laptops & Air Cards $3,400 1,350 12,150 12,150 . 1,000 400 9,900 3,400 2002/03 3 Laptops & Air Cards Digital Camera Printer 2003/04 Replace 3 Laptops Replace 2 Computers Capital Improvement Program 2001-2006 Page 44 City of Aventura Printer 400 2004/05 Replace 3 Laptops Replace 2 Computers Printer 9,900 3,400 400 8-CC Computer Equipment 2001/02 $3,000 This project consists of upgrading and replacing computer equipment in the City Clerk's Office. . Capital Improvement Program 2001-2006 Page 45 City of Aventura CAPITAL EQUIPMENT PURCHASES AND REPLACEMENTS This section includes projects relating to Capital Equipment Purchases and Replacements for all operating departments. There are a total of 5 projects totaling $2,004,563. Policies The City Aventura's investment in capital equipment purchases and replacements is based on the following policies: Goal: Provide capital equipment that will meet the needs of all departments in order to maintain the efficiency and productivity of providing municipal services to the residents of the City, · Replace all present equipment that is required when they become unusable, unsafe or when maintenance costs outweigh the total cost of replacement. · Develop and maintain an "Equipment Evaluation and Replacement Guide" to determine replacement schedules and costs for a ten-year period. · Purchase more economical and multi-functional vehicles. · Purchase new equipment that will increase productivity and reduce personnel and maintenance costs. · Maintain all City assets at a level adequate to protect the City's capital investment and to minimize future maintenance and replacement costs. Prior Accomplishments This represents the City of Aventura's first Capital Improvement Program. The following projects have been completed or are scheduled for completion as of the 2000/01 fiscal year: Proiect Title Vehicles (PD) Year 1996/97, 1997/98,1998/99 1999/00, 2000/01 1996/97, 1997/98,1998/99 1999/00, 2000/01 1996/97; 1997/98 1996/97,1997/98 1996/97, 1997/98,1998/99 1999/00, 2000/01 1996/97,1999/00,2000/01 Equipment Purchase (PD) Equipment Purchase (CC) Equipment Purchase (CM) Equipment Purchase (FSS) Equipment Purchase (CD) Capital Improvement Program 2001.2006 Page 46 City of Aventura Equipment Purchase (CS) 1996/97, 1997/98,1998/99, 2000/01 Proposed Capital EQuipment Purchase And Replacement Most projects outlined in the 2001/02 to 2005/06 Capital Improvement Program are either pertaining to vehicles or operational equipment. These 5 projects, worth $2,004,563 are displayed in Table 1. Detailed project descriptions and a funding schedule follow. The CIP guidelines provide that capital equipment shall be defined as either having a useful life of more than one year and/or a value of $500 or more. FundinQ Plan Funding for the proposed Capital Equipment Purchase and Replacement Projects will be provided by annual appropriations from the following sources: Total Category Budget $2,004,563 Funding: General Fund Police Impact Fee Fund $1,610,137 $ 394,426 Capital Improvement Program 2001-2006 Page 47 City of Aventura TABLE 1 PROPOSED CAPITAL EQUIPMENT PURCHASE AND REPlACEMENT PROJECTS SCHEDULED FOR 2001/02 . 2005'06 SUMMARY BY YEAR CIP # Project Title Dept # 2001/02 2002103 2003/04 2004105 2005100 Total CEl Vehicle Purchase & Replacements PD3 283.122 342.255 311.660 271,000 261,000 1.469,037 CE2 Equipment Purchase and Replacement PD4 108.000 83.826 69,000 92.000 41.600 394.426 CE3 Equipme~ Purchase and Replacement CS12 45.000 17.600 32,500 95.100 CE4 Equipment: Purchase aoo Replacement C01 18,000 24.000 42.000 CE5 Equpment Purchase and Replacement FSS3 2.000 2.000 4.000 Totals $ 411,122 $ 473.081 $ 422,260 $ 395,500 $ 302.600 $ 2,004,563 TABLE 2 PROPOSED CAPITAL EQUIPMENT PURCHASE AND REPlACEMENT PROJECTS SCHEDULED FOR 2001/02 . 2005'06 FUNDING PlAN ~ --;- Police :;; " ~ General- < ~ Impact fee. CIP'/I, Project Tide . Dept If Total. Fund' . . Fulld CEl Vehicle Purchase & Replacements PD2 1.469.037 1.469.037 CE2 Equipment Purchase and Replacement PD3 394,426 0 394,426 CE3 Equipment Purchase and Replacement CS12 95.100 95.100 CE4 Equipment Purchase and Replacement CDl 42.000 42.000 CE5 Equipment Purchase and Replacement FSS3 4.000 4.000 Totals $ 2.004,563 $ 1,610,137 $ 394,426 Capital Improvement Program 2001-2006 Page 48 City of Aventura PROPOSED PROJECTS 1 - PD Vehicle Purchase & Replacements 2001/02 $283,122 2002/03 $342,255 2003/04 $311,660 2003/05 $271,000 2005/06 $261 ,000 This project consists of purchasing police vehicles to accommodate new employee additions and establish a vehicle replacement program in the Police Department. 2001/02 2002/03 2003/04 2004/05 2005/06 Replace 12 Patrol Vehicles Marine wave Runner Cart Trailer $270,122 8,000 5,000 32,000 32,000 $278,225 $241,660 70,000 $253,000 18,000 Replace 4-wheel Drive Vehicle Replace Crime Scene Van Replace 12 Patrol Vehicles Replace 10 Patrol Vehicles Replace 2 Specialty Vehicles Replace 10 Patrol Vehicles Replace 2 Motorized Carts Replace 10 Patrol Vehicles $261,000 -----------------------------------------------_.---------------------------------------------.-------------.-------------- 2-PD Equipment Purchase and Replacement 2001/02 $108,000 2002/03 $83,826 2003/04 $69,000 2004/05 $92,000 2004/05 $41 ,600 This project consists of purchasing equipment for the Police Department. The following is a breakdown of the items to be replaced: 2001/02 2002/03 Replace 20 vests 12,000 12 Overhead light bars, Sirens & Cages 50,000 2 laser radar units 8,000 Marine patrol engine replacement 20,000 2 Stealth speed measuring devices 8,000 Laser Measuring Device 10,000 Replace 20 vests Replace Police Canine Dog 5 Handguns 12,000 7,000 3,826 Capital Improvement Program 2001-2006 Page 49 City of Aventura 2003/04 2004/05 2005/06 10 Overhead light bars, Sirens & Cages 45,000 5 Motorcycle Rader Units 16,000 10 Overhead light bars, Sirens & Cages 47,000 Replace 20 vests 12,000 Replace SMART Radar Trailer 10,000 Purchase 5 handheld radar units Marine patrol engine replacement Replace Marine Patrol Boat 10,000 22,000 60,000 29,000 12,600 Sirens & Cages Replace 20 vests -------------------_._.------_._~_._-------_._._---_.---------------.---------------------------------.-------------------- 3-CS Equipment Purchase and Replacement 2002/03 $45,000 2003/04 $17,600 2003/04 $32,500 This project consists of the replacement of equipment that has become inefficient, defective, or unusable and to add new equipment to provide improved services in the Community Services Department. The following is a breakdown of the items to be purchased: 2002/03 2003/04 2004/05 Pickup Truck Utility truck Pickup Truck Golf Cart Utility Vehicle $17,600 27,400 17,600 6,000 26,500 ------------._------------.------------------------------------------------------------------------------------------------ 4-CD Equipment PurchaSe and Replacement 2001/02 $18,000 2003/04 $24,000 This project consists of the replacement of equipment that has become inefficient, defective, or unusable in the Community Development Department. The following is a breakdown of the items to be replaced: 2001/02 2003/04 Pickup Truck Utility Vehicle 18,000 24,000 Capital Improvement Program 2001-2006 Page 50 City of Aventura 5 - FSS Equipment Purchase and Replacement 2001/02 $2,000 2002/03 $2,000 This project consists of purchasing office furniture for projected new employees and additions to existing furniture and equipment in the Finance Support Services Department. 2001/02 Office Furniture/Equipment 2,000 2,000 2002/03 Office Furniture/Equipment ._-------_._._---_._---_._---~._-_._------._-_._------.-'-.-------.-.-----.-----------,---------------.-----.-.-----.---.--- Capital Improvement Program 2001-2006 Page 51 CITY OF A VENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission DATE: May 14, 2001 FROM: BY: Brenda Kelley, C SUBJECT: Request of LaSalle U.S. Realty for Final Plat Approval Aventura Corporate Center (05-SUB-01) 20801-20803 Biscayne Boulevard, Aventura June 5, 2001 City Commission Meeting Agenda Item ,-;111 RECOMMENDATION It is recommended that the City Commission approve the "Aventura Corporate Center" Final Plat. THE REQUEST The applicant, LaSalle U.S. Realty Income & Growth Fund, Inc., is requesting Final Plat approval of the subject property with the intent of creating one tract from the existing 3 tracts in the plat known as Biscayne Waterways-First Addition, 18 separate lots in Block 10 of the plat known as Hallandale Park NO.9 and the alleyway and roadway in Block 10 of Hallandale Park NO.9 abandoned by Resolution No. 2000-48 of the City Commission. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY LaSalle U.S. Realty Income & Growth Fund Inc. LOCATION OF PROPERTY 20801 - 20803 Biscayne Boulevard Aventura Corporate Center Office Park (see Exhibit #2 for Location Map) SIZE OF PROPERTY LEGAL DESCRIPTION Approximately 10.53 acres Tracts C, D & Part Tract E of Biscayne Waterways- First Addition, Plat Book 126, Page 18 and Lots 1-11 inclusive and Lots 37-42 inclusive, Block 10, Hallandale Park No. 9, Plat Book 23, Page 26 and A portion of NE 208 Terrace lying between Blocks 10 and 11, Hallandale Park No.9, Plat Book 23, Page 26 and A 10' alley in Block 10 of Hallandale Park No.9, Plat Book 23, Page 26 All recorded in the Public Records of Miami-Dade County, Florida DESCRIPTION The applicant proposes to create one tract to include the land upon which the existing two office buildings and parking structures are constructed, along with the recently abandoned alley and roadway. The land is currently comprised of three tracts on one plat, eighteen separate lots and two abandoned roadways on another plat. No development or redevelopment is planned at this time; however, any such development will require site plan approval by the City. Tentative plat approval was originally issued by Miami-Dade County on February 9, 1996. Extensions of that tentative plat approval have been issued from that date. The latest extension was issued on January 12, 2001. The roadways were abandoned in favor of the applicant by Resolution No. 2000- 48 adopted by City Commission on August 1, 2000. At the time of passage of the resolution, the applicant had offered to donate the amount of $86,693.60 to the City for beautification projects. This amount was paid by the applicant on September 6, 2000. The applicant has also agreed to construct perimeter sidewalks around the site, to be completed at the time of improvements to NE 209 Street. There are presently sidewalks on NE 207 Street, Biscayne Boulevard and a portion of NE 209 Street. The applicant has submitted an estimate of cost to complete the sidewalk on NE 207 Street and NE 209 Street and construct a sidewalk on NE 30 2 Avenue. A performance bond in the amount of the estimate of $11,400 will be required prior to signature of the final plat by the City. ANALYSIS Site Plan. The site is presently developed with two five-story office buildings and two two-story parking garages. No new development is proposed at this time. Zoning - The City of Aventura Land Development Regulations designate this site as OP (Office Park) District. Future Land Use Designation - The adopted City of Aventura Comprehensive Plan designates the site as Business and Office. Access - The site is accessed from the public roads Biscayne Boulevard, NE 207 Street and NE 209 Street. 3 FORD~ ARMENTEROS & MANUCY~ INC. VIA HAND DELIVERY April S, 2001 Ms. Joanne Carr City Of Aventura City of Aventura, Community Development 2999 NE 191 Street Suite 500 Aventura, Florida 33180 RE: Final Plat Application LaSalle US Realty Income and Growth Fund, Inc. Dear Ms. Carr: This letter will serve as our letter of Intent regarding the above-referenced matter. This firm has been retained by LaSalle Us Realty Income and Grown Fund, Inc. to prepare and submit the attached application for the Final Plat for Aventura Corporate Center. The proposed Final Plat consists of a single tract with 10.53 acres +\-. An application for a road closure was approved on the property by the City Commission for the vacation of the right-of-way for NE 208'h Terr and 10' alley within the subject property. The proposed Final Plat complies with all City of Aventura and Miami - Dade County platting regulations and is consistent with the approved site plans for the subject property. All conditions of the road closure approval have been complied with, including the payments of a monetary contribution for street lighting and landscaping of the City's right-of-ways. Based on the foregoing, we respectfully request your department's favorable review and recommendation of this application. Should you have any questions or require additional information, do not hesitate to contact me. FORD, ARMENTEROS & MANUCY, INC. , ---- I::.XHiBiT #1 05-SUB-01 1950 NW 94" Avenue. 2"' Floor. Miami, 1-, ;';"'/'C. . ...none: 305.477.6472 . Fax 305.470.2805 http://www.fordco.com BROWARD COUNTY ..-.-.---. :. :- .. :- '. :. :- :' :' ,. ;- :' :' :' :. .. :. !. ;. :' .. IVES DAIRY RD. :. DADE COUNTY MtAMI GARDENS DR. :' :' .. ;. :. '. , .. :. :- .. :. ;. , :. ;" .. ;. .. , ~:. :. :. :. ;. ,':- ':. .-:. ;' :. :' r- .... :. ::. i. ..............,,!ft'.~ft."..r:Wft~...~,.::....:..JI:J...~._.- Gulfstream YACHT CLUB DR. 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'~... ~ ii: ~ " , ~ ~ a~ ~ ~{/'J ~n ~~ ~~ 1lt~ t-7 ~ L{ ::c~ ~ ., ~.J ~~ ~~ !i ~ ~~ ~ '. ~ ~~ t!j ,~ ~ ~ .> "., ~~ ~ ~> ~~ U4 0, ~ ~ ~ {/'J ~~ n ....~ ~d ~ ~:t ~ ~.> ,..,.. ~~ ~ :>. r.n ~~ 1-3 ~.. ,- " ~, ~ ~~ l>""'" '": ~ n:; ~1-4 ~1-3 ~~ ~o ,.,~ ~L{ ~ o Q ~ , ~ ~ Q t c' ~I ~i_ , ~ ' RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AVENTURA CORPORATE CENTER PLAT, BEING A REPLAT OF TRACTS C, D AND PART TRACT E, BISCAYNE WATERWAYS-FIRST ADDITION, PLAT BOOK 126, PAGE 18 AND LOTS 1-11 INCLUSIVE AND LOTS 37-42 INCLUSIVE, BLOCK 10, HALLANDALE PARK NO.9 AND A PORTION OF NE 208 TERRACE BETWEEN BLOCKS 10 AND 11, HALLANDALE PARK NO.9 AND A 10' ALLEY IN BLOCK 10, HALLANDALE PARK NO.9, PLAT BOOK 23, PAGE 26, CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, LaSalle U.S. Realty Income & Growth Fund, Inc., by and through Application No. 05-SUB-01, has requested Final Plat approval for Aventura Corporate Center, being a replat of Tracts C, D and Part of Tract E, Biscayne Waterways-First Addition, Plat Book 126, Page 18 and Lots 1- 11 inclusive and Lots 37-42 inclusive, Block 10, Hallandale Park NO.9 and part of NE 208 Terrace between Blocks 10 and 11, Hallandale Park No.9 and a 10' alley in Block 10, Hallandale Park No.9, Plat Book 23, Page 26, City of Aventura, Miami-Dade County, Florida, the Final Plat being incorporated herein by reference and made a part 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 the 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: Resolution No. 2001-_ Page 2 Section 1. The Final Plat approval for Aventura Corporate Center, more particularly described as: A replat of Tracts C, D and Part of Tract E, Biscayne Waterways-First Addition, Plat Book 126, Page 18 and Lots 1-11 inclusive and Lots 37-42 inclusive, Block 10, Hallandale Park No.9 and part of NE 208 Terrace between Blocks 10 and 11, Hallandale Park NO.9 and a 10' alley in Block 10, Hallandale Park No.9, Plat Book 23, Page 26, City of Aventura, Miami-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. Section 4. 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 Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow Resolution No. 2001-_ Page 3 PASSED AND ADOPTED this 5th day of June, 2001. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this ,2001. CITY CLERK day of CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: TO: DATE: SUBJECT: Recommendation to Select Firm for Building, Public Works and Engineering Inspection and Plan Review - ISQ # 01-4-19-2 June 5, 2001 City Commission Meeting Agenda Item J:...::.N RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution, which selects the firm to perform building, public works and engineering inspection and plan review services. The Resolution selects the firm of C.A.P. Engineering Consultants, Inc. as the recommended company of the Review Team and authorizes the City Manager to negotiate a contract including scope of services and fees. BACKGROUND Based on the expiration of the current Agreement for Services, the City issued an Invitation to Submit Qualifications (ISQ) for qualified firms to provide building, public works and engineering inspection and plan review services. In accordance with the Consultant's Competitive Negotiation Act, Chapter 287.055, F.S. relative to the competitive selection of consultants, a Review Team consisting of the Finance Support Services Director, the Community Development Director and the City Manager was formed to receive and evaluate the proposals and interview firms to prepare a recommendation to the City Commission. The following is a brief summary of the action taken by the Team to arrive at our final recommendation: 1. An ISQ advertisement requesting building, public works and engineering inspection and plan review services was placed in the newspaper and distributed to the vendor list. Memo to City Commission Page 2 2. On April 19, 2001, proposals were publicly opened from the following firms: CAP. Engineering Consultants, Inc. M.T. Causley, Inc. and Calvin, Giordano & Associates H.J. Ross Associates, Inc. 3. H.J. Ross Associates, Inc. did not meet the ISQ requirements. The remaining firms and their representatives were interviewed by the Team on May 22, 2001. 4. Based on extensive presentations, interviews and the criteria outlined in the ISQ, each Team member ranked the firms independently and then reached a decision to recommend a firm to the City Commission. Based on the process, the Team recommends the firm of C.A.P. Engineering Consultants, Inc. to continue to provide services and the City Manager be authorized to commence negotiations. The Team selected the firm based on its far superior experience with cities our size and ability to provide full-time services for the City to meet its customer service requirements relative to the development of the Community. Now that the Team has completed its work, the following actions are necessary to complete the process: 1. Adopt the attached Resolution, which serves two (2) specific purposes. First, it selects the firm. Second, it authorizes the City Manager to negotiate the Scope of Services and Fees to be changed with said firm. 2. After the contract is negotiated, it will be presented to the City Commission at the next meeting. Copies of all proposals are available for your inspection in the City Manager's Office. Should you have any questions, please feel free to contact me. EMS/aca Attachment CC0978-01 5 o+....p fi"\c....- CITY OF A VENTURA INVITATION TO SUBMIT QUALIFICATIONS 01-4-19-2 BUILDING, PUBLIC WORKS AND ENGINEERING INSPECTION, AND PLAN REVIEW SERVICES SUBMITTAL DATE: APRIL 19TH, 2001 2:00P.M. INVITATION TO SUBMIT QUALIFICATIONS ISQ #01-4-19-2 CITY OF A VENTURA BUILDING, PUBLIC WORKS AND ENGINEERING INSPECTION, AND PLAN REVIEW PROFESSIONAL CONSULTING SERVICES In accordance with the Consultants' Competitive Negotiation Act, Chapter 287.055, F.S., the City of Aventura invites qualified Professional Planning, Engineering, and/or Building Inspection Firms to submit proposals to provide building, public works and engineering inspection and plan review professional consulting services on a contractual basis. Interested firms should pick-up the Invitation to Submit Qualifications package at the following location: Office of the City Manager City of Aventura 2999 N. E. 191 Street Suite 500 Aventura, FL 33180 Submittals must be received no later than 2:00 p.m. on April 19th, 2001 and clearly marked on the outside "ISQ# 01-4-19-2, BUILDING, PUBLIC WORKS AND ENGINEERING INSPECTION AND PLAN REVIEW PROFESSIONAL CONSULTING SERVICES". Late submittals will not be accepted. c: Eric M. Soroka City Manager INVITATION TO SUBMIT QUALIFICATIONS SUBJECT: Building, Public Works and Engineering Inspection, and Plan Review Services. OPENING DATE & TIME: April 19th, 2001 @ 2:00P.M. SUBMIT TO: Office of the City Manager City of Aventura 2999 N.E. 191 Street, Suite 500 Aventura, Florida 33180 ISQ NUMBER: 01-4-19-2 I. INTRODUCTION The City of Aventura, Florida is requesting proposals from professional planning, engineering and/or building inspection service consultants to perform building, public works and engineering, inspection and plan review for the City on a contractual basis. As described more fully in Section II, services will include building inspection and plan review services for structural, plumbing, electrical and mechanical requirements as contained in the south Florida Building Code, including Dade County amendments thereto. In addition, the qualified professionals shall conduct a review of applications for public works permits and engineering inspection and plan review as required. Proposing firms must demonstrate the ability to perform all inspections and plan review services, for building, public works and engineering. If a portion of the work is to be performed by a joint venture, information must be provided for all firms included in the joint venture. Aventura is an incorporated municipality in Dade County, Florida of approximately 3.5 square miles. The City was incorporated in November, 1995. The City is governed by a seven member Commission and is administered under a City Manager form of government. The boundary of the City is as follows: North Boundary South Boundary East Boundary West Boundary - Dade County Line - N.E. 176 Street - Inter-coastal Waterway - FEe Railroad Tracks Additional information about the City may be found on the City's web page - www.cityofaventura.com . 1 II. SCOPE OF SERVICES A general description of the services to be performed in connection with this ISQ are as follow: A. The consultant shall provide building, public works and engineering inspection and plan review services pursuant to the South Florida Building Code, including the Miami-Dade County and City amendments thereto. B. All services shall be performed by consultant's personnel who shall remain employees of consultant, not the City. C. Consultant shall provide support services as requested by the City relating to organization and coordination of the various activities with City staff. D. The City currently employs its own Chief Building Official as defined in the South Florida Building Code. Employees of consultant shall coordinate their work through the City's Chief Building Official for building inspection and plan review services and with the Community Services Director for public works permit applications, reviews and inspections. E. Consultant shall provide all necessary vehicles, radios and equipment of their employees to perform the services required by this Agreement. F. City shall provide badges, photo I.D., workspace and telephones for all. G. Consultant agrees to provide all services based on the following standards for service: 1. All inspections shall be completed within twenty-four hours after the City's Community Development or Community Services Departments receive a request for inspection. 2. Plan reviews shall be completed within ten working days after the City receives a request for plan review. H. The consultant may perform engineering design services associated with various city projects. III. CONTRACT FOR SERVICES After selection, an Agreement will incorporate the major terms and conditions for Consultant performance. Said agreement shall include but not be limited to the following matters. A. The services to be provided by the Consultant pursuant to said Agreement shall be nonexclusive and nothing herein shall preclude the city from engaging other firms to perform the same or similar services for the benefit of the city within the City's sole and absolute discretion. 2 B. The Consultant shall warrant that it has not employed or retained any company or person, other than a bona fide employee working solely for the consultant, to solicit or secure a contract pursuant to this ISQ. Also, that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona fide employee working solely for the consultant any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award of contract pursuant to this ISQ. C. The Agreement may be terminated by the City upon ten days' written notice with or without cause and by the Consultant upon 60 days' written notice with or without cause. D. The Consultant shall warrant and represent that at all times during the term of the Agreement that it shall maintain in good standing all required licenses, certifications and permits required under federal, state and local laws necessary to perform the Specified Services. E. It is anticipated that said contract shall be for a period of three (3) years and may be extended upon mutual agreement of both parties. F. The agreement will stipulate that fees for services which consultant shall charge the City. G. The Consultant shall at all times carry professional liability insurance, workers' compensation insurance, public liability and property damage insurance, and automotive public liability and property damage insurance with minimum policy limits in the amount of One Million Dollars ($1,000,000) per occurrence, except that the dollar amount of workers compensation coverage shall be as provided by Chapter 440, Fla. Statute. The City shall be named as an additional insured on all of the above insurance policies. Each insurance policy shall state that it is not cancelable without written notice to the City 30 days prior to the effective date of cancellation. H. Each respondent shall be required, pursuant to Section 287.133 (3)(a), Florida Statutes, to execute a "Sworn Statement on Public Entity Crimes" (Form FUR 7068) prior to the execution of a contract resulting from this Request for Proposals. By executing this sworn statement, the respondent is affirmatively stating that neither it nor an affiliate (as defined in the statute) has been convicted of a public entity crime, and that it is not barred from entering into a contract with the City. The respondent further acknowledges that any misstatement or misrepresentation of fact, lack of compliance with the statute, or subsequent conviction of a public entity crime shall result in the contract being null and void and/or subject to immediate termination by the City. In the event of such termination, the City shall not incur any liability for any work or materials furnished by the respondent when functioning as a contractee with the City. 3 IV. SUBMITTAL REQUIREMENTS A. DEADLINE FOR SUBMITTALS City Manager, at City of Aventura, 2999 N.E. 191 Street, Suite 500, Aventura, Florida 33180 by Thursday, April 19th, 2001 at 2:00 P.M. Proposals submitted after that date and time will not be considered. B. NUMBER OF COPIES Five (5) copies of the entire proposal must be submitted. C. PROPOSALS Proposals must contain the following minimum information: 1. Describe the firm, including key officers, year in business, etc. 2. Describe the specific key individuals you propose to assign to the City contract. Provide a resume for each named individual with title, project assignment, name of firm with which associated, years of experience, education and professional registration. Indicate the percentage of each of these individual's time which will be devoted to the City's contract. 3. A current and completed Standard Form 254 and 255. 4. List of all local governments where the firm has provided similar services during the past five years. 5. A list of five references (with phone numbers) relating to recent relevant work. 6. Identify any sub-consultants and joint venturers who are to participate in the services required by this ISQ. This must include the respective tasks they are to perform and evidence of their qualifications. V. INQUIRIES Any inquiries by respondents should be directed to Eric M. Soroka, City Manager 2999 N.E. 191 Street, Suite 500, Aventura, Florida 33180 (305) 466-8901 or Fax (305) 466-8919. 4 VI. GENERAL TERMS 1. CITY RIGHTS The City reserves the right to accept or reject any and all submittals and items in the submittals as well as the right to waive irregularities and technicalities. The City reserves the right to reject all submittals and to re-advertise for submittals, with or without changes in the scope of the work or in the specifications for the work. The City shall be the sole judge of a submittal and the resulting negotiated agreement that is in its best interest, and its decision shall be final. Any documentation, products, etc. produced for the City or for use on the City's contract are the property of the City and will be turned over to the City upon completion. Use of the above City property may not be used in other non-related projects without prior consent from the City. Notwithstanding any product documentation becoming the property of the City, all expenses incurred in connection with the preparation and submission of said proposals shall be borne by the preparer. Submitters are hereby notified that all information submitted will be available for public inspection after opening of submittals in compliance with Chapter 286 of the Florida Statutes (Sunshine Laws). 5 ) I I I I I I . . . . . ~ ~ ~ . . . t t t . IA ,~ CAP. Engineering Consultants, Inc. April 18, 2001 Mr. Eric M. Soroka City Manager City of Aventura 2999 NE 191th Street Aventura, Florida 33180 Re: ISO # 01-4-19-2, Building, Public Works and Engineering Inspection and Plan Review Services Dear Mr. Soroka: It is with great pleasure that we submit this statement of qualifications to provide the City of Aventura with building inspFlctions, plan reviews, public works functions, engineering inspections as well as other professional services on a contractual basis. CAP. Engineering Consultants, Inc., has had the privilege to work with the City of Aventura since it began formal operations in 1996. Our ability to provide building and plan review services since the City took over these services from Dade County has helped streamline this previously cumbersome process and has been recognized by Miami-Dade County Major as an example to follow. CAP. Engineering Consultants, Inc. has provided both these services, building and plan review and engineering inspections over many years with many different clients. At CAP. we have a complete department that does only construction engineering inspections. Our clients include the Florida Department of Transportation, Miami-Dade County's Public Works, Water and Sewer, DERM and the Aviation Department where we have performed professional engineering and inspections services. CAP. has also done engineering and/or building permitting at many outstanding South Florida municipalities such as the North Bay Village, City of Miami, City of Miami Beach, Village of Key Biscayne, Bal Harbour, Indian Creek, Coral Gables, West Miami and South Miami. We look forward to being short listed to enable us to present our qualifications in greater detail, to your selection committee. Very truly yours, nsultants, Inc. MVF:gb 100 Miracle Mile (305) 461-5484 Suite 300 www.capeng.com Coral Gables, Florida 33134 Fax: (305) 461-5494 . . . . An Equal Oppor/unity/ Affirmative Action Employer ~ i j i .. i P i , i i) , , , i .. , , i , , . . . . . . . = (~ FIRM OVERVIEW CAP. Engineering Consultants, Inc. (C.A.P.) was established in 1989 and has grown to a staff of over eighty (80) employees of which thirteen (13) are registered P.E.'s in the State of Florida. During this period of expansion our client base has diversified to include Private, Municipal, County and State contracts which we serve from four (4) offices in Florida. Our dynamic growth has earned C.A.P. the distinction of being ranked as one of the fastest growing Hispanic owned firms in the country consecutively for three (3) years (1995- 1997) by Hispanic Business Magazine. In 1996, the company was ranked as the fastest growing engineering firm in the country by Inc. Magazine. CAP. has established itself as a multi-discipline engineering firm. We provide civil engineering services, project management, site development, construction engineering, inspection services and utility design. The firms public sector work includes infrastructure projects such as roads, bridges, highways, stormwater, water and wastewater systems. Our management team headed by Carlos A. Penin, P.E., President/CEO assimilates the talents and professional experience of Mariano Fernandez, P.E., Vice President of Municipal Services, Design and Construction. We pride ourselves in providing our clients innovative engineering concepts, on time, on budget with superior quality assurance and quality control. Mr. Penin and all members of the CAP. team are very involved in the community. Mr. Penin is Vice President of the Florida Institute of Consulting Engineers (FICE) and serves on the Board of Directors of The Florida Engineering Society (FES), Miami Chapter. Locally, he was appOinted to the Board of the Miami-Dade Expressway Authority in 1996 and reappointed in 1998. He is active in the Kiwanis Club of Little Havana, the Archbishop's Social Services Council and Catholic Charities of the Archdiocese of Miami. Our Professional Enqineerinq Services include: . Municipal Building and Zoning . Water & Sanitary Sewer Design . Stormwater Management . Comprehensive Permitting Services . Municipal Engineering . Land Development & Site Planning . Outsourcing of Building Inspections and Code Enforcement . Right-of-Way Improvements . Street lighting & Signalization . Construction Engineering & Inspections . GPS/GIS and Scanning . Bridge Design and Inspection . Bridge Rehabilitation and Replacement . Construction Management . Solid Waste . Constructability Reviews . PedestrianlTraffic Calming Studies . Transportation Planning & Design . Street/Highway/Sidewalk Design . NPDES Services 'I. I I I ~ I I I I I I I , I I I I I I I I I I I I I I I I I , I I I I I I I I I I I I I (~ Municipal/County En~ineerin~ Experience . Our current staff has a combined total of over 175 years of Municipal/County Engineering Experience and has been involved in Municipal/ County Engineering for over thirty years. We implemented the Building and Zoning Departments for the City of Aventura and the Village of Key Biscayne. . We have served the City of West Miami, The City of South Miami, the Village of Indian Creek and the Village of Key Biscayne as their City Engineer. Our firm has extensive experience with Site Development, Stonnwater Management, Drainage, Paving, Street Lighting, Marine Signs, Signalization, Permitting, G.I.S. and G.P.S., Right of Way Improvements, NPDES, Structural and Civil Designs which have enabled us to provide our Municipal clients with top of the line services. . In the capacity of Building Officials, we currently serve or provide support services to the City of Aventura, City of Coral Gables, City of Miami, City of Miami Beach, and the City of North Bay Village. We can provide full staffing support to outsource all the positions required under the South Florida Building Code. Qualified bv Dade County . Transportation Planning . Highway Systems . Aviation Systems . Port and Waterway Systems . Water and Sanitary Sewer Systems . Solid Waste Collection and Disposal Systems . Environmental Studies . General Structural Engineering . General Civil Engineering . Engineering Construction Management . Value Analysis and Life-Cycle Costing 1.00 3.00 4.00 5.00 6.00 7.00 10.00 11.00 16.00 17.00 19.00 I ~ ~ p t t ~ . . . t t . . . . . . I I I I I (~ f!2.iect Experience The following is a brief summary of relevant projects: Major Projects - Dade County . MDWASD - General Consulting Services 12/96 ($1 M) . DeAD - Construction Inspection Services 10/96 ($ 2 M) . DCPWD - Construction Management Services 11/96 ($ 500 K) Miscellaneous Work / School Districts . Broward County Community College / South Campus - Gymnasium . Broward County Community College / South Campus - Aviation Institute . State School "A", Dade County School Board Traffic Engineering . Saral Publications - Traffic Engineering . Terremark Center - Traffic signalization, study, engineering . Mariposa Shopping Center (U.S.1 and Mariposa Street) - Traffic Study GIS Mapping System . "As-built" Automation - Miami Dade Water and Sewer Dept. . G.I.S. Project - Countywide, Miami Dade Water and Sewer Dept. Utility Infrastructure . NT -10 MDWASD - Force Main Design, Village of Key Biscayne . Florida Keys Factory Shops - Water, Sewer and Drainage Design . DCAD - MIA Misc. Water and Sewer Projects Municipal Building Departments . City of Aventura . North Bay Village Resources . We own a total of forty-five (45) vehicles, forty (40) computer work stations, office equipment, fumiture and communication equipment. . The firm currently maintains Professional Liability Insurance (Errors & Omissions) coverage of $1,000,000 dollars. . C.A.P. Engineering Consultants, Inc. is a financially sound, well established and professionally managed engineering firm. . . .. .. . . . . . . . It . , , , , . = w ..: w 'ow u.ia..: -0.: a..: c" ~~.~ j" ~ _0- g"E -:,'. .0 Q) ,_~~ ,W U I ;~:'~ n.: 0 ""C "'_fU..:-t""5 1:'_-6 -J Q) l: :-:c: c:::f! 0 ',<l:::i..( 0 '1$ .~ '--'~ {::-""C ""- ,2.- c Q) 'c:; ~-5 ;),0 t: 0 ::l '.~::>:> ..( );8 Q) "'ij e ;:J: ~ C)-c ,;0 0 c: QJ ;U._<Q.. ~ N 11:i<0_ !~ -;'~I! g-< -'~~_-':( Gi :;:::= Q) en ""',,> tII C ....'''''0 <( (0-- ~ . " -c ! .. u ~ r:: .. :r: RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SELECTING THE FIRM OF C.A.P. ENGINEERING CONSULTANTS, INC. TO PERFORM BUILDING, PUBLIC WORKS AND ENGINEERING INSPECTION AND REVIEW SERVICES RELATIVE TO ISQ NO. 01-4-19-2; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS AND FEES FOR SAID SERVICES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Aventura, in accordance with applicable State law, has requested proposals from firms for services relative to Building, Public Works and Engineering Inspection and Review Services; and WHEREAS, said proposals were evaluated by a Selection Committee consisting of the City Manager, Finance/Support Services Director, and Community Development Director; and WHEREAS, said Selection Committee recommends the firm of CAP. Engineering Consultants, Inc. based on said firm's experience and qualifications; and WHEREAS, the City Commission desires to authorize the City Manager to negotiate a scope of services and fees with the recommended firm. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The firm of CAP. Engineering Consultants, Inc, is hereby selected to perform Building, Public Works and Engineering Inspection and Review Services relative to ISQ No. 01-4-19-2. Section 2. The firm has been selected on the basis of its experience and qualifications and has not finalized a fee structure with the City. Therefore, the City Resolution No. 2001-_ Page 2 Manager shall immediately negotiate the scope of services and basis of fees with said firm. Section 3. The basis of fees above described shall be negotiated by the City Manager and approved by the City Commission prior to said firm beginning any labor or work for which the City may later be billed. Section 4. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 5. 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 Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow PASSED AND ADOPTED this 5th day of June, 2001 JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: TO: DATE: SUBJECT: Resolution Approving ansfer of Charter Communications, Inc. Franchise to AT&T Broadband June 5, 2001 City Commission Meeting Agenda Item f.:, - D RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution approving the transfer of the Charter Communications, Inc. Cable Television Franchise to AT&T Broadband. BACKGROUND On February 27, 2001, Charter Communications, Inc. filed an application for the transfer of the local cable franchise to AT&T Broadband. The City's Cable Franchise Ordinance requires City Commission approval of the proposed transfer. The Ordinance and Cable Television Franchise also provides that certain specific information on the proposed transaction, including details on legal, financial, technical and other qualifications, be submitted and reviewed by the City. In addition, the applicant was required to provide written acceptance of the terms and conditions of the Franchise Agreement as evidenced by Exhibit "A" attached to the Resolution. Based on a careful review of the information provided to the City by the City's cable television legal firm, Leibowitz & Associates, P.A., the transfer is recommended. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0984-01 RESOLUTION NO. 2001-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE TRANSFER OF THE INTERLINK COMMUNICATIONS PARTNERS, LLC. D/B/A CHARTER COMMUNICATIONS ("CHARTER") CABLE FRANCHISE TO TCI CABLE PARTNERS OF ST. LOUIS, L.P. D/B/A AT&T BROADBAND ("AT&T BROADBAND") AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 1, 2001, the City of Aventura, Florida, received an FCC 394 requesting the City to consent to the proposed transfer of the Charter cable television franchise to TCI Cable Partners of St. Louis, L.P. ("Transferee"), with AT&T Corp., et al. as the ultimate parent of Transferee; and WHEREAS, pursuant to City of Aventura Ordinance No. 97-20 as amended by Ordinance No. 98-11 and the Charter Franchise granted thereunder, no such transfer may occur without prior approval of the City Commission; and WHEREAS, the City has required that the applicant fulfill the obligations of Ordinance No. 97-20, as amended by Ordinance No. 98-11 and the Franchise and provide information on the proposed transaction including details on the legal, financial, technical qualifications of the Transferee and such other information as may be in the public interest; and WHEREAS, the City has relied on information provided by both the proposed transferor and the Transferee including, but not limited to, correspondence from Charter dated February 27,2001 and AT&T Broadband dated April 6, 2001; and Resolution No. 2001-_ Page 2 WHEREAS, the City has required a written acceptance from Charter of the terms and conditions of this Resolution by affidavit as a conditions precedent to the adoption of this Resolution (Affidavit attached hereto as Exhibit A); and WHEREAS, the City has required written acceptance from AT&T Broadband, of the terms and conditions of this Resolution by affidavit as a condition precedent to the adoption of this Resolution (Affidavit attached hereto as Exhibit B). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, THAT: 1. To the extent required, the City of Aventura hereby consents to the transfer of the Charter Cable Television Franchise from Charter to Transferee. 2. That the consent granted herein does not constitute and should not be construed to constitute a waiver or release of any obligations of Charter under cable Ordinance No. 97-20 as amended by Ordinance No. 98-11 and the cable television franchise granted pursuant to Ordinance No. 97-20, as amended by Ordinance No. 98- 11, and transferred pursuant to Resolution No. 99-08.or any other AT&T franchise granted thereunder, except to the extent that such obligations become the obligations of Transferee as a result of the transfer. 3. That the consent granted herein does not constitute and should not be construed to constitute a waiver or release of any obligations of Transferee under cable Ordinance No. 97-20 as amended by Ordinance No. 98-11 and the cable franchise granted pursuant to Ordinance No. 97-20, as amended by Ordinance No. 98-11, and Resolution No. 2001-_ Page 3 transferred pursuant to Resolution No. 99-08, except to the extent that such obligations are assumed by Charter as a result of the transfer. 4. That the consent granted herein does not and should not be construed to constitute a waiver of any right of the City under applicable law including, but not limited to Cable Television Ordinance No. 97-20, as amended by Ordinance No. 98-11 and the Cable Television Franchise; and further, this consent shall not prejudice the City's rights with respect to the enforcement, renewal or transfer of any of the current cable television franchises and any amendments thereto or agreements in connection therewith. 5. That the consent herein granted is conditioned upon (a) the assurances set forth in the affidavits attached hereto as Exhibit A and Exhibit B; (b) submission to the City of cost recovery of all costs incurred by the City related to this transfer proceeding including, but not limited to consulting and legal fees pursuant to Section 10(F) of Ordinance No. 97-20, as amended by Ordinance No. 98-11 which will be billed to AT&T at the conclusion of the transfer proceedings. 6. That the consent herein granted is limited to the right to provide cable services, and to the extent not otherwise prohibited by applicable law Transferee shall obtain any lawful permission from the City as may be required, prior to its providing any other services within the City. 7. That the City hereby reserves all of its rights pursuant to federal, state and local law including, but not limited to the rights in (a) the franchise renewal process (b) Resolution No. 2001-_ Page 4 the franchise transfer process including, but not limited to, the right to act upon any application to sell, assign or otherwise transfer controlling ownership of the cable system; and (c) the enforcement of the current Cable Television Ordinance No. 97-20 as amended by Ordinance No. 98-11 and the current Cable Television Franchise. 8. That the consent herein granted is an express non-waiver and express reservation of the City's rights and authority with respect to enforcement of the franchisee's compliance with applicable law including, but not limited to Cable Television Ordinance No. 97-20 as amended by Ordinance No. 98-11 and the current cable television franchise. Transferee shall be liable for any and all violations or breaches of said Ordinance(s) or Franchise to the extent such violations arise after the close of the transaction between Interlink Communications Partners, LLC. d/b/a Charter Communications and TCI Cable Partners of St. Louis, L.P. d/b/a AT&T Broadband. The City's approval of the transaction shall in no way be deemed a representation by the City that Charter is in compliance with its obligation under Cable Television Ordinance 97-20 as amended by Ordinance No. 98-11 or the Franchise Agreement. 9. That the consent granted herein is subject to Transferee's compliance with all other applicable legal requirements and the City does not waive and expressly reserves the right to enforce any non-compliance with the applicable Ordinance(s) and Franchise requirements. 10. In the event the proposed transaction between Interlink Communications Partners, LLC. d/b/a Charter Communications and TCI Cable Partners of St. Louis, L.P. Resolution No. 2001-_ Page 5 d/b/a AT&T Broadband is not consummated within 180 days of the effective date herein, or in the event such closure is reached on terms substantially or materially different to the terms described in the application and exhibits thereto, submitted to the City on March 1, 2001, or in the event Miami-Dade County fails to approve any application to transfer the Charter franchise to AT&T Broadband, this Resolution, together with the Affidavit of Acceptance submitted by AT&T Broadband shall be null and void. 11. That this Resolution shall become effective upon the date of its adoption herein. 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: , who Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow PASSED AND ADOPTED this 5th day of June, 2001. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Charter COMMUNICATIONS' A WIRED WORLD COMPANY May 11, 2001 VIA NEXT DAY SERVICE Mr. Eric M. Soroka, City Manager City of Aventura Government Center 19200 West Country Club Drive Aventura, Florida 33180 Re: Charter/AT&T Transfer Dear Mr. Soroka: Attached please find Exhibit A, Affidavits for Interlink Communications Partners, LLC and Charter Communications, Inc. executed by M. Celeste Vossmeyer as Vice President of both Interlink and Charter. Please call if you have any questions regarding the attached. Sincerely, ~~ Susan M. Flynn Paralegal - Government Relations smf Attachments cc: Michael D. Woods MAV 1 ~ 2001 Offl(;~ Of THE CITY MANAGER 12444 Powerscourt Drive. Suite 100 . St. Louis, Missouri. 63131-3660 www.chartercom.com . tel: 314.965.0555 . fax; 314.965 .6640 DRAFT... April 29, 2001 EXHIBIT A UNCONDITIONAL ACCEPTANCE OF TERMS OF RESOLUTION NO. BEFORE ME, appeared the undersigned authority who having been duly sworn upon his oath deposes and states that: 1. The affiant is the Vt'c-e Pe-e"')icle", T ofInterlink Communications Partners, LLC. d/b/a Charter Communications ("Charter"), and is the person authorized to execute this document on behalf of Interlink Communications Partner LLC. d/b/a Charter Communications. 2. Affiant hereby attests that Charter, subject to a Franchise Agreement with the City of A ventura (the "City"), is a current franchisee in the City, and that Charter is in compliance with all obligations set forth in Ordinance 97-20, as amended by Ordinance No. 98-11 of the City and the Franchise Agreement, including but not limited to, payment of all franchise fees and fees in support of public/educational/governmental access channels due to the City. 3. The affiant is submitting this affidavit as a condition precedent to the transfer (the "Transfer") of the Charter cable television franchise from Charter to TCI Cable Partners of St. Louis, L.P. d/b/a AT&T Broadband, a wholly owned and controlled subsidiary of AT&T Corporation, a New York corporation (collectively, "AT&T"). 4. Affiant hereby attests that, subject to applicable governing statute( s) oflimitations, in the event that it is determined that Charter, during the time period prior to and up until the date upon which the transaction between Charter and AT&T and the Transfer ofthe Franchise is completed, failed to comply with its franchise obligations pursuant to the Franchise Agreement or Ordinance 97 -20, as amended by Ordinance No. 98-11 ofthe City, Charter shall be subject to appropriate damages and such other remedies as prescribed by the Franchise Agreement or by the Ordinance( s) as they exist upon the date of the Transfer. 5. Affiant hereby attests that Charter has issued to all subscribers within the City, a settlement benefit or credit equivalent to the benefit to which a subscriber would be entitled to pursuant to the settlement approved in Lawrence Unfried. et al. v. Charter Communications Holding Companv. LLC. et al.. 99-L-48. Circuit Court. Third Judicial Circuit. Madison County. Illinois (1999), G:\Cable\2001\Aventura\\Agreements\Charter-A T &T Resolutlon-Affidavits.wpd I DRAFT... April 29, 2001 6. Charter, unconditionally accepts all terms and conditions of Resolution No. . FURTHER AFFIANT SA YETH NAUGHT. INTERLINK COMMUNICATIONS PARTNERS, LLC. D/B/A CHARTER COMMUNICATIONS a1.q~~s~ ITS: Vice Pres iden t COUNTY OF ST. LOUIS ) ) ) STATE OF MISSOURI SS. BEFORE ME, the undersigned authority, personally appeared M. Ceres te Vossmeverwho is known to me personally (or provided proof of identification) and upon being first duly sworn acknowledged that he/she executed the foregoing document freely and voluntarily and for the purpose therein expressed. WITNESS my hand and official seal in the County and State last aforesaid this11 th day of May ,2001. My Com ~~~~ Notary Public, State of M. FLYNN . Notary Seal State of Missouri County of St. Louis My Commission Expires 06/21/2004 CHARTER COMMUNICATIONS, INC., lti5;;::Z~ BY: M. eel es ITS: Vice President STATE OF MISSOURI ) ) ) SS. COUNTY OF ST. LOUIS BEFORE ME, the undersigned authority, personally appeared M. Ceres te Vossmevewho is known to me personally (or provided proof of identification) and upon being first duly sworn acknowledged that he/she executed the foregoing document freely and voluntarily and for the purpose therein expressed. WITNESS my hand and official seal in the County and State last aforesaid this11 t h day of May ,2001. ~~^~ Notary Public, State of My Con ,m;oo;nn SUSAN M. FLYNN Notary Public - Notary Seal State of Missouri County of St. Louis My Commission Expires 06121/2004 G:\Cable\2001 \A ventura\\Agreements\Charter-A T &T Resolution-Affidavits.wpd 2 -.. ~ ATs.T , ........... - May 16,2001 Mr. Eric M. Soroka City of A ventura Government Center 19200 West Country Club Drive A ventura, Florida 33180 RE: Transfer of Cable Franchise Dear Mr. Soroka: Please find enclosed the original executed Exhibit B from AT&T Broadband. This exhibit is to be used as an attachment to the resolution granting consent from the City of Aventura to the transfer of the cable franchise from Interlink Communications Partners, LLC d/b/a Charter Communications to TCl Cable Partners ofSI. Louis, L.P., locally providing services as AT&T Broadband. A facsimile copy was sent to you on today's date. If you have any questions regarding this matter, please feel free to contact me at (303) 858-3278. Thank you. Sincerely, A. T &T Broadband, LL1. _ ~ /{4&t.~ l/U~ Michael D. Woods Senior Attorney Enclosure CC: Ila Feld, Esquire Susan Bisno Celeste V ossmeyer MA~ 2 2 2001 OFFiC~ OF THE CllY MANAGER (}j ~ & Recycled Paper EXHIBIT B UNCONDITIONAL ACCEPTANCE OF TERMS OF RESOLUTION NO. BEFORE ME, appeared the undersigned authority who having been duly sworn upon his oath deposes and states that: 1. Affiant is the Vice-President of TCI Cable Partners of St. Louis, L.P., (locally providing services as AT&T Broadband), a Colorado Limited Partnership and AT&T Broadband, LLC, and is the person authorized to execute this document on behalf of TCI Cable Partners of St. Louis, L.P., and AT&T Broadband, LLC. 2. Affiant is submitting this affidavit as a condition precedent to the transfer of the Interlink Communications Partners, LLC. d/b/a Charter Communications ("Charter") cable television franchise from Charter to TCI Cable Partners of St. Louis, L.P., locally providing services as AT&T Broadband ("Transferee"). 3. Affiant hereby attests that Charter is a current Franchisee in the City of Aventura, Florida (the "City") and that AT&T Broadband will be the successor to Franchisee upon the closing of the transaction between Charter and AT&T. 4. Transferee hereby accepts and agrees to all terms and conditions or provisions of this acceptance, Ordinance No. 97-20, as amended by Ordinance No. 98-11, the Franchise Agreement, and by all amendments thereto or transfers thereof. 5. Transferee shall cooperate in any compliance inquiry in connection with any possible franchise violations that may have arisen or that may arise. 6. After the close of the transaction between Charter and AT&T, and in the event it is determined that Transferee is not in compliance with the Ordinance(s) or Franchise, Transferee shall be subject to liquidated damages and such other remedies as may be imposed by the City pursuant to the Ordinance(s) and the Franchise. 7. Transferee shall comply with all lawful requirements with respect to access to its cable modem platform for providers ofIntemet access and online services. 8. For so long as Transferees's content enhanced cable Internet service as provided by Transferee is deemed to be a "cable service" under applicable law, revenues received by the Transferee I from the provision of such service shall be included within gross revenues for purposes of the franchise fee calculation to the extent required in the Franchise Agreement and Ordinance and not otherwise prohibited by applicable law. 9. Franchisee unconditionally accepts all terms and conditions of Resolution No. _ and this acceptance as incorporated therein. FURTHER AFFIANT SA YETH NAUGHT. TCI CABLE PARTNERS OF ST. LOUIS, L.P., a Colorado Limited Partnership HERITAGE CABLEVISION OF MASS..f'.C*U~S' ~ General Partner f\7){ ~ BY: Alfredo Di Blasio ITS: Vice-President AT&T Broadband, LLC hereby guarantees Franchisee's performance under this Resolution, Ordinance No. 97-20, as amended by Ordinance No. 98-11 and the Franchise Agreement and all amendments thereto or transfers thereof. AT&TBROADBAND,LLC , Mtr/-- BY: Alfredo Di Blasio ITS: Vice-President STATE OF COLORADO ) ) SS. COUNTY OF ARAPAHOE) BEFORE ME, the undersigned authority, personally appeared who is known to me personally (or provided proof of identification) and upon being first duly sworn acknowledged that he/she executed the foregoing document freely and voluntarily and for the purpose therein expressed. WITNESS my hand and official seal in the County and State last aforesaid this 15th day of May, 2001. My Commission Expires: 'V;2!:' 1./ , (!::lGt{ {1 /}l('t/~C(; Notary Public, State of Colorado 2 City of Aventura ~ .rJ' e t\? e"", 0& z;<<-" Government Center 19200 Wesr Country Club Drive Aventura, Florida 33t80 Office of rhe Ciry Manager May 3, 2001 M. Celeste Vossmeyer Vice President, Government Relations Charter Communications 12444 Powerscourt Drive Suite 100 St. Louis, MO 63131-3660 and Michael D. Woods, Esq. AT&T Broadband 188 Iverness Drive West 6th Floor Englewood, CO 80112 Re: Charter / AT&T Transfer Dear Ms. Vossmeyer and Mr. Woods: It is currently the intent of the Commission of the City of Aventura to consider the pending application to transfer cable television franchise serving the City from Charter to AT&T at the Commission Meeting scheduled for June 5, 2001. As a condition precedent to approval of the application, the City requires that both Charter and AT&T execute affidavits in the form attached hereto. The City requires receipt of said affidavit no later than May 15, 2001 in order to allow for consideration of the transfer application at the meeting scheduled for June 5, 2001. PHONE: 305-466-8910 . FAX: 305-466-8919 www.ciryofaventura.com May 3, 2001 M. Celeste Vossmeyer Michael D. Woods, Esq. Page Two Should you have any questions with respect to this matter, please contact me or lIa Feld of Leibowitz & Associates, PA T' / EricM.d City Ma~ cc: lIa L. Feld, Esq., Leibowitz & Associates, PA CM01306-01 ~ LEIBOWITZ & ASSOCIATES, EA. ,JOSEPH A. BELISLE ..JORGE L. CRUZ-BUSTilLO ILA L. FELO MATTHEW L. LEIBOWITZ SCOTT A. ROBIN THOMAS H. WILLIAMS, ..JR. SUITE 1450 SUNTRUST INTERNATIONAL CENTER ONE SOUTHEAST THIRD AVENUE MIAMI, FL.ORIDA 33131-1715 TEL.EPHONE (305) 530-J322 TELECOPIER (305) 530-9417 E-MAIL Firm@broadlaw.com April 30, 200 I VIA FEDERAL EXPRESS Eric M. Soroka City Manager City of A ventura 2999 NE 191" Street Suite 500 Aventura, FL 33180 Re: Charter/AT&T Transfer Dear Mr. Soroka: Enclosed please find a proposed draft Resolution approving the application to transfer the cable television franchise from Charter to AT&T and affidavits to be executed by Charter and AT&T. Please be advised that the Law Firm strongly recommends that any approval of the proposed transfer requires as a condition precedent, AT&T to accept all terms and conditions of the existing ordinance and franchise and the obligations of the transferor. In addition the parent company, Charter or AT&T, should be required to accept all liabilities incurred prior to date of the transfer, whether known or unknown. The aforestated conditions are critical to protecting the City's interest in light of the uncertainties being reported with respect to AT&T's commitment and financial resources in connection with cable systems and services controlled by the company. If you are in agreement, please issue the affidavits with a request for execution to the cable operators as quickly as possible. Please be reminded that the cable operators have taken the position that the one hundred twenty (120) day automatic approval period will expire June 29, 2001. Ifthe City has nottaken action by that date, the cable operators will claim as a matter of law, the application is approved. Thus, in the event the City is not in receipt of executed affidavits, the City may need to consider a denial of the application at the meeting scheduled for June 5, 2001. Si?tl~2J; Ila L. Feld, Esq. ILFlbm G: \Cable\200 1 \A ventura\Letters\ESoroka-Affidavit 043 O. wpd MAV 0 1 2001 OffllCElIFllIE c:IIY IIAHIlGEIl . Charter COMMUNICATIONS. A WIRED WORLD COMPANY February 27, 2001 VIA Certified Overnil!:ht Delivery: Or Hand Delivery City of A ventura City Manager Eric Soroka 2999 Northeast 191 Street Suite 500 Aventura, FL 33180 RE: Application for Franchise Transfer FCC Form 394 Dear Mr. Soroka: Weare pleased to submit an application for transfer of the existing cable television franchise for your community. AT&T Corp. and Charter Communications, Inc. have entered into an Asset Purchase Agreement (the "Agreement") whereby the cable television franchise for your community will be transferred from the current Charter entity, Interlink Communications Partners, LLC to TCI Cable Partners ofSt. Louis, L.P.locally providing services as AT&T Broadband. All of the obligations contained in the existing franchise will be assigned to TCI Cable Partners of St. Louis, L.P., which will hold the franchise after the transaction has been closed. Enclosed please find a completed FCC Form 394 - Application for Franchise Authority Consent to Assignment or Transfer of Control of Cable Television Franchise - and all necessary exhibits and documentation to understand the transaction. As you may be aware, AT&T Broadband is the largest cable operator in the country. AT&T believes that customers in your community will benefit from being a part of the AT&T family of broadband systems. AT&T Broadband strongly believes in the excellent quality of its broadband networks and is in the process of continually expanding consumer choice by providing its customers and communities with an array of broadband services at competitive prices. The AT&T brand brings with it a long heritage of technical excellence and industry leading customer service that consumers around the country have come to recognize and appreciate. AT&T Broadband looks forward to bringing these and other benefits to the residents of your community. As part of the Form 394, you will find a copy of the agreement between the parties, AT&T's most recent annual report and Form lOQ and any additional information specifically required by your franchise for a transfer of franchise application. 12444 Powerscourt Drive. Suite 100 . St. Louis, Missouri. 63131-3660 www..chal'tercom.conr . tel: 3.14 .965 .0555 . fax: 314.965.6640 Thank you for your time and assistance in reviewing this application. It is our hope that you will be excited at the prospect of AT&T Broadband providing service to your community. We hope you will approve the franchise transfer at your earliest convenience. If you have any questions concerning the proposed transfer, please feel free to contact me at (314) 543-2403. We look forward to working with you in the near future. It has been a pleasure to serve your community and we look forward to working with you in the transfer of the franchise. Sincerely, CHARTER COMMUNICATIONS, INC. " , /1,/ ""h) ,~, .. vi 'J f )'( (lJ::i<f-~ 1/.2_4/~~~r0-~ By: M. Celeste Vossmeyer {j Vice President Government Relations MeV/mm Enclosures === AT&T AT&T Broadband 188 Inverness Drive West Englewood, CO 80112 April 6, 200 I VIA FACSIMILE NO. (305) 466-8919 & OVERNIGHT DELIVERY Mr. Eric M. Soroka, City Manager City of A ventura Government Center 2999 N.E. 191" Street, Suite 500 Aventura, Florida 33180 RE: Request for Cable Franchise Transfer Dear Mr. Soroka: Please be advised that I am in receipt of a copy of your letter to Ms. Celeste V ossmeyer dated March 19,2001 which was received by Ms. Vossmeyer on March 26, 2001. In connection with your letter, we must respectfully disagree that the FCC Form 394 which was submitted to the City on March I, 200lis incomplete. Consequently, we do not agree that the 120-day review period specified in 47 C.F.R. !i 76.502 has not commenced. The initial FCC Form 394 included all information required to determine the qualifications ofTCI Cable Partners ofSt. Louis, L.P., a wholly-owned subsidiary of AT&T Corp., under federal and local regulations. As you are aware, in 1993, the FCC explained that "use of the Commissions' standardized form in connection with the 120-day limitation will ensure that franchise authorities are provided with sufficient information to evaluate and render prompt decisions." 8 FCCR 6828, 6840. The Commission further stated that requests for additional information beyond the requirements of the local franchise do not toll the 120-day limitation. We hope that we can conclude this process before the 120-day period expires on June 29, 2001,and that our conflicting views on this issue will not have to be formally resolved. With respect to the requirements and questions posed in your letter, we will respond to each in the manner set forth in the letter. Information Required Bv Section 9 F of Ordinance No. 97-20 Your letter indicates that the City hereby requires that the FCC Form 394 be resubmitted to include "that information required by Section 9(1) of the Ordinance and Sections 30 (A)(3)(e) and (g) of the Franchise." Section 9 (F) of the Ordinance, generally applies to the "application for the grant of an initial Franchise. . . ." (Underline added.) However, Section 9 I. of the Ordinance does state that "[Aln application for approval of a transfer of a Franchise shall comply with the requirements of Section 9 (E and I) and Section 24 hereof." Section 9 E. does not contain any provisions which apply to transfers and Section 9 I. is set forth in its entirety above. Therefore, Section 9 E. is inapplicable to a transfer application and we have otherwise complied with Section 9 I. of the Ordinance. Compliance with Section 24 of the Ordinance (as required by Section 9 I.) is not applicable to transfers. In fact, it appears that the requirement is to comply with Section 23 of the Ordinance (as indicated in the Franchise Agreement). Section 23 B. of the Ordinance requires that an applicant for a transfer meet the requirements of Section 9 hereof which has been done (see discussion above). It further requires that "Except in the case of a pro forma transfer, the application shall provide, at a minimum, the w \6 8 Recycled Paper APR 0 9 2001 OFFICE Of THE CITY MANAGER information required in subsections 9(F)(I) - (F)(5) and (F)(14) with respect to the proposed transferee. The information required in subsections 9(F)(6) - (F)(13) shall also be provided whenever the proposed transferee expects material changes to occur in those areas. The proposed transferee does not expect any material changes in these areas. The FCC Form 394 contained an attachment addressing the information required by subsections 9(F)(1) - (F)(5). A copy is enclosed. The information required by 9(F)(14) is not applicable because the information was not requested, in writing, by the City. Again, the FCC Form 394 contained the information required by Section 9 (F)(l) - (5) and is therefore complete. Information Reuuired Bv Sections 30 A (3)(e) and (e) ofthe Franchise Aereement The information required by Section 30 A(3)(e) was provided along with the FCC Form 394 and is contained in the annual report. More specifically, the FCC Form 394 describes AT&T Broadband's experience in operating cable systems. In addition, because TCI Cable Partners of St. Louis, L.P. is an affiliate/subsidiary of AT&T, the City has had experience with our Company through AT&T's current franchise with the City of A ventura. As such, the City should be fully aware of our previous experience in operating cable systems, and, in fact, the City has approved our qualifications in these regards on previous occasions. In addition, the FCC Form 394 sets forth the Company's experience in operating cable systems. Section 30 A(3)(g) requires that the transferee submit a proposed plan of operation. However, as indicated in our Additional Information Request submitted with the FCC Form 394, the information required is not applicable because the proposed transferee will own and operate the existing cable system currently owned by Charter. Therefore, no time frame for construction is contemplated. Furthermore, there are no plans to change the existing product, services or rates. We will notify the City of our intentions and plans if and when a decision has been made in this regard. Section I (7) See response set forth above. Part II (1a) As indicated in Section 2. of the Asset Purchase Agreement, the reason for "AT&T holding three (3) franchises in the same City" is because AT&T is purchasing from Charter certain cable systems. Along with the fact that AT&T currently holds two (2) other franchises, the Charter entity that is the holder of a franchise and the owner of the cable system assets in the City of A ventura is being swapped for an AT&T cable system in another part of the country. In order for the transaction to be completed as contemplated by the parties the two franchises must be exchanged. The "potential ramifications" of AT&T holding three (3) franchises within the City are not readily evident to AT&T. However, this is not a situation with which AT&T is unfamiliar. In fact, we currently have more than one franchise holder in Miami-Dade County and the operations of each entity (ultimately, including TCI Cable Partners of St. Louis, L.P.) will be as consistent as possible in the South Florida market. At the present time, it is the intention of AT&T to have the former Charter system continue operations as it currently does. When a decision is made as to when the separate systems will be interconnected, we will notify the City of our intentions and plans. Section II (2) We are at a loss as to what information needs clarification. Exhibit 4 clearly indicates that we do not have any specific plans to change the operations of the cable system as a consequence of the transaction. As indicated above, once a decision is made, including the interconnection of the separate systems, we will notify the City of our intentions and plans. With regard to a statement of current compliance, we are unaware of any non-compliance issues between the City and Charter (as the franchise holder). We will request Charter to supplement this response if it is not accurate. We are unclear as to your request regarding the "applicability of the proposed Transferee's (AT&T) pre-existing obligations pursuant to its Acceptance of the TCI TKR and Comcast franchises." Please clarify what it is you are requesting. Finally, please be advised that AT&T intends to comply with all the terms of the Franchise Agreement and Ordinance to the extent such tenns have not been superseded or pre-empted by applicable federal, state or local laws. Section II (4) AT&T has fully responded to Section II (4) in the FCC Fonn 394 as of February 27, 2001. Upon the City's notification that the Commission is about to make its decision regarding the request for transfer, however, we will provide an updated status report on whether or not the Transferee had any interest in or connection with an application being dismissed or denied. Section IV. Transferee's/Asshmee's Technical Qualifications As it pertains to a franchise transfer and a completed FCC Fonn 394, we are unaware of any requirement in the FCC Fonn 394, Ordinance No. 97-20 or the Franchise Agreement to provide any "affidavits from both Charter and AT&T as to their compliance with the technical obligations required by the Ordinance and their respective franchises, including but not limited to, the state-of-the-art and most favored community provisions." Therefore, this request does not affect the commencement of the 120-day period for the City to act upon the FCC Fonn 394. Nevertheless, AT&T Broadband, to the best of its knowledge and belief, is in substantial compliance with the technical requirements of Ordinance No. 97-20 and its respective franchise. If the City is aware of any non-compliance matters, we would request that they notify us as soon as possible. Finally, please clarify the additional infonnation requested as it pertains to "the AT&T system currently operating in the City." What specifically is the City requesting? As indicated above, once we have detennined how the separate systems will be interconnected, we will provide the City with our plans and intentions. However, if there is additional infonnation the City would like us to provide, please let us know. We hope this letter is responsive to the issues raised by your letter. As demonstrated above, the FCC Fonn 394 submitted by AT&T and Charter was complete as filed and the l20-day review period specified in 47 C.F.R. 976.502 was properly commenced upon receipt by the City. If you have any questions or would like to discuss this matter further, please do not hesitate to contact me. I can be reached at (303) 858-3278. We look forward to working with you in the coming months in completing the transfer of the franchise. Thank you. Sincerely, AT&T Broadband, LLC -~rlttd~YL- Michael D. Woods Senior Attorney Enclosures Cc: Celeste Vossmeyer Tony Bello Susan Bisno Additional Information Required by Aventura Franchise (Tel Cable Partners of St. Louis, L.P. - Transferee) Information Required by Ordinance 97-20 9.F.l. Information regarding the applicant and related parties is included on Page 3 to the Form 394. A subsidiary list showing subsidiaries of AT&T Corp. and a list of the cable television franchises they hold is attached. 9.F.2. Neither the applicant nor any officer, director or person with 5% or more ownership interest in applicant has been adjudged bankrupt, had a cable franchise or license revoked or been found by any court or administrative agency to have violated a security or antitrust law or to have committed a felony or any crime involving moral turpitude. 9.F.3. A demonstration of the applicant's technical, legal and financial ability is set forth in the Form 394. Particular attention is directed to Exhibit 7 setting forth the financial strength of applicant and Exhibit 8 setting forth the applicant's technical qualifications including the identification of key personnel. 9.FA. The FCC authorizations which will be transferred to applicant upon closing are listed in the schedules to the Agreement attached to the Form 394. Applicant will acquire city and state sales tax licenses, as required, prior to closing. 9.F.5. A statement of AT&T COrp.'S auditors regarding its financial condition is included in the AT&T annual report included in the exhibits to the Form 394. Information Required by Franchise Agreement 30.A.1.This transaction is being effected to help AT&T Corp. and Charter Communications, through their respective subsidiaries, create clusters of operating assets through which they can more effectively serve their subscribers. 30.A.2. The name, address and telephone number of Transferee are set forth on page 2 to the Form 394. 30.A.3.Information regarding the business entity organization is set forth on page 3 and its corresponding attachment to the Form 394. As set forth in the Form 394, Transferee is a wholly owned indirect subsidiary of AT&T Corp. It has no other 5% owners. Additional information regarding AT&T Corp. is also included in the AT&T Corp. annual report included in the Exhibits to the Form 394. Detailed financial information on AT&T Corp., the parent of Transferee is included in the AT&T Corp. annual report and Form lOQ included in the Exhibits to Form 394. Additionally, included in the annual report is a description of AT&T COrp.'S experience in the telecommunications industry. AT&T Corp. is the largest cable television operator in the United States. Attached is a list of franchises it holds through its subsidiaries. As described in the annual report, AT&T Corp. is extremely committed to creating and operating high quality telecommunication systems and continues to improve its systems to meet the needs of its subscribers. The Transferee will own and operate the existing system which has already been constructed by the Transferor. Therefore, no map and time frame for construction is included. Please see the Exhibits to the Form 394 regarding changes to the plan of operation for the system. At this point Transferee has no plans to change the products, services and rates currently offered to subscribers. 2 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM DATE: May 25,2001 TO: City Commission FROM: Eric M. Soroka, City SUBJECT: Ordinance Repealing Beautification Advisory Board and Recreation and Cultural Arts Advisory Boards and Creating a Community Services Board 1st Reading June 5, 2001 City Commission Meeting Agenda Item 1 "A 2nd Reading July 3, 2001 City Commission Meeting Agenda Item As per the City Commission's direction at the May Workshop Meeting, attached is the subject Ordinance for your consideration. EMS/aca Attachment CC0981...01 ORDINANCE NO. 2001 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 2 "ADMINISTRATION" - ARTICLE III "ADVISORY BOARDS" TO REPEAL DIVISION 2 "BEAUTIFICATION ADVISORY BOARD" AND DIVISION 3 "RECREATION AND CULTURAL ARTS ADVISORY BOARD"; AND REPLACE THEM WITH NEW DIVISION 2 ENTITLED "COMMUNITY SERVICES ADVISORY BOARD"; PROVIDING FOR CREATION; PROVIDING FOR COMPOSITION AND QUALIFICATIONS; TERM OF OFFICE; ADVISORY CAPACITY; RULES OF PROCEDURE; JURISDICTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Commission desires to discontinue the Beautification Advisory Board and Recreation and Cultural Arts Advisory Board, established by Ordinance No. 96-10, as amended by Ordinance No. 96-23, and Ordinance No. 96- 24 as provided for in Section 2-121 through 2-156 of Article II "Advisory Boards" of Chapter 2 "Administration"; and WHEREAS, the City Commission desires to create a new Advisory Board, to be known as the Community Services Advisory Board, to provide advice and recommendations to the City Commission on matters concerning City beautification projects, cultural arts, special events, youth programs, senior citizen programs and recreational activities. IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. That Division 2 "Beautification Advisory Board", Sections 2-121 through 2-126 and Division 3 "Recreation and Cultural Arts Advisory Board" Sections Ordinance No. 2001-_ Page 2 2-151 through 2-156 of Article III "Advisory Boards" of Chapter 2 "Administration" of the City Code, which read as set forth on Exhibit "A" attached hereto, are hereby repealed. Section 2. That Chapter 2 "Administration", Article III, "Advisory Boards" of the City Code is hereby amended to create a new Division 2 entitled "Community Services Advisory Board", to read as follows: DIVISION 2. COMMUNITY SERVICES ADVISORY BOARD Sec. 2-121. Creation, Composition and Qualifications. (a) There is hereby created and established the City of Aventura Community Services Advisory Board (the "Board") consisting of thirteen (13) members who shall be appointed by the Mayor, subject to the approval of the City Commission. Members of the Board shall be appointed in accordance with procedures established by the City Commission and shall hold office at the pleasure of the City Commission. Members of the Board shall serve without compensation and shall not be reimbursed for travel, mileage, or per diem expenses. (b) Each member of the Board shall be a qualified elector of the City of Aventura who has continuously resided within the City for the six (6) month period immediately prior to the appointment, and shall not be an employee of the City. Any member who ceases to reside within the City Limits during his or her term of office shall be deemed to have resigned as of the date of his or her change of residence from the City. In the event of the resignation or removal of any member of the Board, the Mayor shall appoint a person to fill the vacancy on such Board for the unexpired 2 Ordinance No. 2001-_ Page 3 portion of the term of the member vacating such office, subject to approval of the City Commission. In appointing members of the Board, the following guidelines shall be considered: 1. Expressed interest and/or experience in landscape design and architecture, beautification projects, youth and/or senior citizen programs, recreation activities, culture and the arts. 2. Evidence of a commitment to serve and act in the best interests of the citizens of Aventura. (c) In the event that a member of the Board shall be absent from a duly-called meeting of the Board for three (3) consecutive meetings or in the event that a member has three (3) unexcused absences in a calendar year, then in that event such member shall be subject to removal as a member of the Board by vote of two-thirds (2/3) of the remaining members of the Board. The City Manager or his designee shall serve as an ex-officio (non-voting) member of the Board and provide necessary staff support for the Board. Sec. 2-122. Term of Office. Board members selected by Commission nomination shall serve for a term of one year and may be re-appointed. Board members selected by the application process shall serve for a two-year term and may be re-appointed. Sec. 2-123. Advisorv Capacity. The powers and duties of the Board shall be solely of an advisory nature to the City Commission and City Manager. Sec. 2-124. Rules of Procedure. 3 Ordinance No. 2001-_ Page 4 (a) The Board shall adopt rules of procedure not inconsistent with the Ordinances of the City and the laws of the State of Florida and shall utilize Robert's Rules of Order recently revised 1990 Edition for the rules of procedure for the conduct of meetings of the Board. The Board may create additional rules for the conduct of its internal proceedings. (b) During the first meeting of the Board, the members shall elect one of their number to act as Chairman and may elect a Vice-Chairman, both of whom shall serve one term only. (c) Nine (9) members shall constitute a quorum for the transaction of business of the Board. Official action shall be taken by the Board only upon the concurring vote of a majority of the members present at an official meeting of the Board, except that at least seven (7) affirmative votes shall be required for official action. Sec 2-125. Jurisdiction. The jurisdiction of the Board shall be solely advisory. Action of the Board shall be in the form of a written recommendation of advice to the City Manager and City Commission. The following matters shall be within the advisory jurisdiction of the Board: . Stimulate greater public awareness and appreciation of the importance of beautification, recreation and cultural arts in the City. . Assist in the formulation of special events, recreation activities, senior, youth and cultural programs. . Provide recommendations on landscaping and beautification projects. . Promote the sponsorship of cultural arts and special events by community and civic organizations. . Encourage and facilitate opportunities for City residents to participate in various cultural events and activities. . Act as the City's tree board for the Tree City USA requirements. . Other matters assigned by the City Commission and City Manager. 4 Ordinance No. 2001-_ Page 5 Sec. 2-126. Standards of Conduct for Members. All members of the Board shall be subject to the Standards of Conduct for Public Officers and Employees set by Federal, State, County or other applicable law pursuant to City Charter Section 7.03. Section 3. Severabilitv. That 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 invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of 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 work "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. 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 Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow 5 Ordinance No. 2001-_ Page 6 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 Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow PASSED on first reading this 5th day of June, 2001. PASSED AND ADOPTED on second reading this 3rd day of July, 2001. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY 6 ADMINISTRATION ~ 2-122 DIVISION 2. BEAUTIFICATION ADVISORY BOARD Sec. 2-121. Created; membership. (a) Board created; appointment of members; compensation of members. There is hereby created and established the City Beautification Advisory Board, consisting of seven members, who shall be appointed by the Mayor subject to the approval of the City Commission. Each member of the City Commission may recommend appointments to the Mayor. Members of the Board shall hold office at the pleasure of the City Commission. Members of the Board shall serve without compensation and shall not be reimbursed for travel, mileage or per diem expenses. (b) Qualifications of members; vacancies. Each member of the Board shall be a qualified elector of the City who has continuously resided within the City for the six-month period immediately prior to the appointment, and shall not be an employee of the City. Any member who ceases to reside within the City Limits during his term of office shall be deemed to have resigned as ofthe date of his change of residence from the City. In the event of the resignation or removal of any member of the Board, the Mayor shall appoint a person to fill the vacancy on such Board for the unexpired portion of the term of the member vacating such office, subject to approval of the City Commission. In appointing members of the Board, the following guidelines shall be considered: (1) Expressed interest and/or experience m landscape design and architecture, and beautification projects. (2) Evidence of a commitment to serve and act in the best interests of the citizens of the City. (c) Absence from meetings. If a member of the Board shall be absent from a duly called meeting of the Board for three consecutive meetings, or if a member has three unexcused absences in a calendar year, then in that event such member shall be subject to removal as a member of the Board by vote of two-thirds of the remaining members of the Board. (d) Duties of City Manager. The City Manager or his designee shall serve as an ex officio (nonvoting) member of the Board and provide necessary staff support for the Board. (Ord. No. 96-24, ~ 1, 10-16-96) Sec. 2-122. Term of members. The initial term of office for members of the Beautification Advisory Board shall be from October 16, 1996, until November 3,1997. Thereafter, terms of office for members of the Board shall be for a period of one year, with eligibility for reappointment. (Ord. No. 96-24, ~ 2, 10-16-96) Supp. No.5 CD2:7 ~ 2-123 AVENTURA CODE Sec. 2-123. Board to serve in advisory capacity. The powers and duties of the Beautification Advisory Board shall be solely of an advisory nature to the City Commission and City Manager. (Ord. No. 96-24, ~ 3, 10-16-96) Sec. 2-124. Rules of procedure; officers; voting. (a) The Beautification Advisory Board shall adopt rules of procedure not inconsistent with the ordinances of the City and the laws of the State and shall utilize Robert's Rules of Order, recently revised 1990 edition, for the rules of procedure for the conduct of meetings of the Board. The Board may create additional rules for the conduct of its internal proceedings. (b) During the first meeting of the Board for each annual term, the members shall elect one of their number to act as Chairman and may elect a Vice-Chairman. (c) Four members shall constitute a quorum for the transaction of business of the Board. Official action shall be taken by the Board only upon the concurring vote of a majority of the members present at an official meeting of the Board, except that at least four affirmative votes shall be required for official action. (Ord. No. 96-24, ~ 4, 10-16-96; Ord. No. 2000-12, ~ 1, 5-2-00) Sec. 2-125. Jurisdiction. The jurisdiction of the Beautification Advisory Board shall be solely advisory. Action of the Board shall be in the form of a written recommendation of advice to the City Manager and City Commission. The following matters shall be within the advisory jurisdiction of the Board: (1) Stimulate greater public awareness and appreciation of the importance of beautifica- tion projects in the City. (2) Provide .recommendations on landscaping and beautification projects. (3) Act as the City's Tree Board for the Tree City USA requirements. (4) Other matters assigned by the City Commission or City Manager. (Ord. No. 96-24, ~ 5, 10-16-96) Sec. 2-126. Standards of conduct for members. All members of the Beautification Advisory Board shall be subject to the Standards of Conduct for Public Officers and Employees set by Federal, State, County or other applicable law pursuant to section 7.03 of the Charter. (Ord. No. 96-24, ~ 6, 10-16-96) Sees. 2-127-2-150. Reserved. Supp. No.5 CD2:8 ADMINISTRATION 9 2-153 DIVISION 3. RECREATION AND CULTURAL ARTS ADVISORY BOARD Sec. 2-151. Created; membership. (a) Board created; appointment of members; compensation of members. There is hereby created and established the City Recreation and Cultural Arts Advisory Board, consisting of seven members, who shall be appointed by the Mayor subject to the approval of the City Commission. Each member of the City Commission may recommend appointments to the Mayor. Members of the Board shall hold office at the pleasure of the City Commission. Members of the Board shall serve without compensation and shall not be reimbursed for travel, mileage or per diem expenses. (b) Qualifications of members; vacancies. Each member of the Board shall be a qualified elector of the City who has continuously resided within the City for the six-month period immediately prior to the appointment, and shall not be an employee of the City. Any member who ceases to reside within the City Limits during his term of office shall be deemed to have resigned as of the date of his change of residence from the City. In the event of the resignation or removal of any member of the Board, the Mayor shall appoint a person to fill the vacancy on such Board for the unexpired portion of the term of the member vacating such office, subject to approval of the City Commission. In appointing members of the Board, the following guidelines shall be considered: (1) Expressed interest and/or experience in recreation activities, culture and the arts. (2) Evidence of a commitment to serve and act in the best interests of the citizens of the City. (c) Absence from meetings. If a member of the Board shall be absent from a duly called meeting of the Board for three consecutive meetings, or if a member has three unexcused absences in a calendar year, then in that event such member shall be subject to removal as a member of the Board by vote of two-thirds of the remaining members of the Board. (d) Duties of City Manager. The City Manager or his designee shall serve as an ex officio (nonvoting) member of the Board and provide necessary staff support for the Board. (Ord. No. 96-10, 9 1, 7-16-96; Ord. No. 96-23, 9 1, 10-16-96) Sec. 2-152. Term of members. The initial term of office for members of the Recreation and Cultural Arts Advisory Board shall be from October 16, 1996, until November 3, 1997. Thereafter, terms of office for members of the Board shall be for a period of one year, with eligibility for reappointment. (Ord. No. 96-10, 9 2, 7-16-96) Sec. 2-153. Board to serve in advisory capacity. The powers and duties of the Recreation and Cultural Arts Advisory Board shall be solely of an advisory nature to the City Commission and City Manager. (Ord. No. 96-10, 9 3, 7-16-96) Supp. No.5 CD2:9 S 2-154 AVENTURACODE Sec. 2-154. Rules of procedure; officers; voting. (a) The Recreation and Cultural Arts Advisory Board shall adopt rules of procedure not inconsistent with the ordinances of the City and the laws of the State and shall utilize Robert's Rules of Order, recently revised 1990 edition, for the rules of procedure for the conduct of meetings of the Board. The Board may create additional rules for the conduct of its internal proceedings. (b) During the first meeting of the Board for each annual term, the members shall elect one of their number to act as Chairman and may elect a Vice-Chairman. (c) Four members shall constitute a quorum for the transaction of business of the Board. Official action shall be taken by the Board only upon the concurring vote of a majority of the members present at an official meeting of the Board, except that at least four affirmative votes shall be required for official action. (Ord. No. 96-10, S 4, 7-16-96; Ord. No. 2000-12, S 2, 5-2-00) Sec. 2-155. Jurisdiction. The jurisdiction of the Recreation and Cultural Arts Advisory Board shall be solely advisory. Action of the Board shall be in the form of a written recommendation of advice to the City Manager and City Commission. The following matters shall be within the advisory jurisdiction of the Board: (1) Stimulate greater public awareness and appreciation of the importance of recreation and cultural arts in the City. (2) Assist in the formulation of special events, recreation activities and cultural programs. (3) Promote the sponsorship of cultural arts and special events by community and civic organizations. (4) Encourage and facilitate opportunities for City residents to participate in various cultural events and activities. (5) Other matters assigned by the City Commission or City Manager. (Ord. No. 96-10, S 5, 7-16-96; Ord. No. 96-23, S 1, 10-16-96) Sec. 2-156. Standards of conduct for members. All members of the Recreation and Cultural Arts Advisory Board shall be subject to the Standards of Conduct for Public Officers and Employees set by Federal, State, County or other applicable law pursuant to section 7.03 of the Charter. (Ord. No. 96-10, S 6, 7-16-96) Secs. 2-157-2-180. Reserved. Supp. No.5 CD2:10 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, Cit TO: City Commission DATE: May 25,2001 SUBJECT: Ordinance Creating Economic Development Advisory Board 1st Reading June 5, 2001 City Commission Meeting Agenda Item !1...::..f3 2nd Reading July 3, 2001 City Commission Meeting Agenda Item In accordance with the City Commission's direction at the May Workshop Meeting, attached is an Ordinance creating the City of Aventura Economic Development Advisory Board. EMS/aca Attachment CC0982-01 ORDINANCE NO. 2001-_ AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE CREATION OF THE CITY OF A VENTURA ECONOMIC DEVELOPMENT ADVISORY BOARD; PROVIDING FOR CREATION; COMPOSITION AND QUALIFICATIONS; TERM OF OFFICE; ADVISORY CAPACITY; RULES OF PROCEDURE; JURISDICTION; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission desires to create an advisory body, to be known as the City of Aventura Economic Development Advisory Board, to provide advice and recommendations to the City Commission on matters concerning businesses and economic development in the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS: Section 1. Creation, Composition and Qualifications. A. There is hereby created and established the City of Aventura Economic Development Advisory Board (the "Board") consisting of thirteen (13) members who shall be appointed by the Mayor, subject to the approval of the City Commission. Members shall be appointed based on procedures established by the City Commission. Members of the Board shall hold office at the pleasure of the City Commission. Members of the Board shall serve without compensation and shall not be reimbursed for travel, mileage, or per diem expenses. B. It is the expressed intent of this Ordinance that the Board consists of a broad representation of the business community including, but not limited to, small business owners and not-for profit organizations. Each member of the Board Ordinance No. 2001-_ Page 2 shall either own, operate or be the CEO of a business within the corporate limits of the City, or be a resident of the City presently retired who has extensive experience in business or marketing. In the event of the resignation or removal of any member of the Board, the Mayor shall appoint a person to fill the vacancy on such Board for the unexpired portion of the term of the member vacating such office, subject to approval of the City Commission. C. In the event that a member of the Board shall be absent from a duly-called meeting of the Board for three (3) consecutive meetings or in the event that a member has three (3) unexcused absences in a calendar year, then in that event such member shall be subject to removal as a member of the Board by vote of two-thirds (2/3) of the remaining members of the Board. D. The City Manager or his designee shall serve as an ex-officio (non-voting) member of the Board and provide necessary staff support for the Board. Section 2. Term of Office. Board members selected by Commission nomination shall serve for a term of one year and may be re-appointed. Board members selected by the application process shall serve for a two-year term and may be re-appointed. Section 3. Advisory Capacity. The powers and duties of the Board shall be solely of an advisory nature to the City Commission and City Manager. 2 Ordinance No. 2001-_ Page 3 Section 4. Rules of Procedure. The Board shall adopt rules of procedure not inconsistent with the Ordinances of the City and the laws of the State of Florida and shall utilize Robert's Rules of Order recently revised 1990 Edition for the rules of procedure for the conduct of meetings of the Board. The Board may create additional rules for the conduct of its internal proceedings. A. During the first meeting of the Board, the members shall elect one of their number to act as Chairman and may elect a Vice-Chairman, both of whom shall serve in such capacity for one term only. B. Nine (9) members shall constitute a quorum for the transaction of business of the Board. Official action shall be taken by the Board only upon the concurring vote of a majority of the members present at an official meeting of the Board, except that at least seven (7) affirmative votes shall be required for official action. Section 5. Jurisdiction. The jurisdiction of the Board shall be solely advisory. Action of the Board shall be in the form of a written recommendation of advice adopted by motion to the City Manager and City Commission. The following matters shall be within the advisory jurisdiction of the Board: . To provide the City with the benefit of knowledge, experience and business resources in order to further the efforts of the City in business attraction, retention and development. . To advise the City Commission and City Manager as to specific issues regarding efforts to expand and diversify the commercial tax base, business recruitment, retention and expansion. . To provide input relative to commercial redevelopment and revitalization. 3 Ordinance No. 2001-_ Page 4 . To provide input relative to City services that affect the business community and other issues that affect the business community. . To recommend programs that will promote and market the City's business community. . Other matters assigned by the City Commission or City Manager. Section 6. All members of the Board shall be subject to the Standards of Conduct for Public Officers and Employees set by Federal, State, County or other applicable law pursuant to City Charter Section 7.03. Section 7. Severabilitv. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any 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 intentions; and that the work "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. 4 Ordinance No. 2001-_ Page 5 The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow PASSED AND ADOPTED on first reading this 5th day of June, 2001. 5 Ordinance No. 2001-_ Page 6 PASSED AND ADOPTED on second reading this 3rd day of July, 2001. ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY JEFFREY M. PERLOW, MAYOR 6 <"~ CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: Eric M. Soroka, City City Commission DATE: April 24, 2001 '\ "-Judicial Procedures SUBJECT: First Reading May 1, 2001 City Commission Meeting Agenda Item 8-A Second Reading June 5, 2001 City Commission Meeting Agenda Item 2...-A At the direction of the City Commission following discussion at the April 23,2001 Workshop Meeting, attached is an ordinance amending the Quasi-Judicial Procedures. ~~ If you have any questions, please feel free to contact me. EMS/tms attachment .,~ ORDINANCE NO. 2001 AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 34 "PLANNING AND ZONING", AMENDING ARTICLE II "QUASI-JUDICIAL MATTERS" TO REPEAL 34-31 "EX PARTE COMMUNICATIONS WITH PUBLIC OFFICIALS," SECTION 34-32 "HEARING PROCEDURES," AND REPLACE THEM WITH NEW SECTIONS 34-31 THROUGH 34-39 REGARDING QUASI-JUDICIAL DEVELOPMENT ORDERS; RENUMBERING EXISTING SECTION 34-33 "PUBLIC STATEMENTS BY COMMISSIONERS" TO BECOME SECTION 34-40; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Commission finds that it is appropriate to amend the City's zoning regulations so as to expand and amend the City's provisions for quasi- judicial decision making on development orders; and WHEREAS, in accordance with Section 34-1 of the City Code, the City Commission has been designated as the local planning agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the City Commission has reviewed this ordinance and has determined that the regulations provided herein are consistent with the applicable provisions of the Comprehensive Plan of the City of Aventura, Florida. IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS: Section 1. That Section 34-31 "Ex Parte Communications with Public Officials," and Section 34-32 "Hearing Procedures" of Article II "Quasi Judicial Matters" of Chapter 34 "Planning and Zoning" of the City Code, as attached as Exhibit "A" hereto, are hereby repealed. Ordinance No. 2001-_ Page 2 Section 2. That Section 34-33 "Public Statements by Commissioners" is hereby renumbered to become Section 34-40 of Article II "Quasi Judicial Matters" of Chapter 34 "Planning and Zoning" of the City Code. Section 3. That Section 34-31 through 34-39 of Article II "Quasi Judicial Matters" of Chapter 34 "Planning and Zoning," of the City Code, are hereby created as follows: ARTICLE II. QUASI- JUDICIAL MATTERS Section 34-31. Intent. The intent of this ordinance is to establish procedures to ensure procedural due process and maintain citizen access to the local government decision-making process for the review of development orders requiring quasi-judicial hearings. These procedures shall be applied and interpreted in a manner recognizing both the legislative and judicial aspects of the local government decision-making process in quasi- judicial hearings. Section 34-32. Applicability. Except as may otherwise be provided by statute or ordinance, these procedures shall apply to all applications for site-specific rezonings, special exceptions, conditional use approvals, variances, plats, and any other land use proceeding in which the Commission acts in a quasi-judicial capacity. Section 34-33. Definitions. (1) Application shall mean an application for anyone of the following permits: (a) Variances. (b) Conditional use approvals. (c) Plat approvals. (d) Site-specific rezonings. (e) Special exceptions. 2 Ordinance No. 2001-_ Page 3 (f) Any other site specific development approval determined to be quasi-judicial by the city attorney. (2) Applicant shall mean the owner of record, the owner's agent, or any person with a legal or equitable interest in the property for which an application for a development order has been made and which is subject to quasi judicial proceedings, and shall mean the Staff when the Application is initiated by the City. (3) Chair shall mean the Mayor or, in the Mayor's absence, the Vice Mayor. (4) Commission shall mean the City of Aventura City Commission. (5) Commissioner shall mean a City Commissioner. (6) Competent substantial evidence shall mean testimony or other evidence based on personal observation, or fact or opinion evidence offered by an expert on a matter that requires specialized knowledge, that is relevant to the issue to be decided. Competent substantial evidence is evidence a reasonable mind could accept as adequate to support a conclusion. (7) Comprehensive plan shall mean the City Comprehensive Plan which has been adopted pursuant to Part II, Chapter 163, Florida Statutes. (8) Development Order shall mean the written decision of the Commission regarding an Application considered under quasi-judicial proceedings pursuant to this Article II, and shall include a letter from the Director of the Community Development Department memorializing a decision of denial from the Commission. (9) Ex-parte communication shall mean any written, oral, or graphic communication with a Commissioner which may relate to or which could influence the disposition of an Application, other than those made on the record during a quasi-judicial hearing. This term also includes visiting the site of the Application, receipt of expert opinions, and any independent investigations by a Commissioner. (10) Expert shall mean a person who is qualified in a subject matter by knowledge, skill, experience, training, or education. (11) Intervenor shall mean a person whose interests in the proceeding are adversely affected in a manner greater than those of the general public. 3 Ordinance No. 2001-_ Page 4 (12) Material fact shall mean a fact that bears a logical relationship to one (1) or more issues raised by the Application or the laws and regulations pertaining to the matter requested by the Application. (13) Participants shall mean members of the general public, other than the Applicant, including experts and representatives of local governments and governmental agencies, who offer testimony at a quasi-judicial hearing for the purpose of being heard on an Application. (14) Party shall mean the Applicant, the City Staff, and any person recognized by the Commission as a qualified Intervenor. (15) Quasi-judicial proceeding shall mean a hearing held by the Commission to adjudicate the private rights of an Applicant on an Application listed in Section 34-33(1) above, by means of a hearing which comports with these regulations and due process requirements. (16) Relevant evidence shall mean evidence which tends to prove or disprove a fact that is material to the determination of the Application. (17) Staff shall mean members of the City staff. Section 34-34. Ex-parte Communications. (1) This section is adopted to follow the disclosure processes of Section 286.0115(1), Florida Statutes (2000), and shall be construed so as to be consistent therewith. (2) Any Commissioner may choose to discuss the merits of any matter of which action may be taken by the Commission with any person not otherwise prohibited by statute, charter provision, Section 34-40 or other ordinance, if the Commissioner complies with the procedures of this Section 34-34. (3) Compliance with the procedures of this Section 4 shall remove the presumption of prejudice arising from ex-parte communication with any Commissioner: (a) Oral communications. The subject of the communication and the identity of the person, group, or entity with whom the communication took place shall be disclosed and made a part of the record before final action on the Application. At the quasi- judicial hearing the person or persons responsible for the ex-parte communication, any Party to the hearing and any Participant shall have the opportunity to contest the accuracy of the matters disclosed. 4 Ordinance No. 2001-_ Page 5 (b) Written communications. Any written communication related to an Application pending before the Commission shall be forwarded to the appropriate staff for inclusion in the official file for the Application, and shall be disclosed on the record before final action on the matter. It shall be the responsibility of the Applicant to review the official file periodically to determine whether written ex- parte communications have been placed in the official file. (c) Investigations and Site Visits. Commissioners may conduct investigations and site visits and may receive expert opinions regarding a quasi-judicial action pending before them. Such activities shall not be presumed prejudicial to the action if the existence and subject matter of the investigations, site visits, or expert opinions is made a part of the record before final action on the matter and an opportunity for the Parties and Participants to respond is provided prior to or at the hearing. (4). Commissioners must make disclosures of their ex-parte communications before or during the public meeting at which a vote is taken on the Application to afford persons a reasonable opportunity to refute or respond to the communication. Section 34-35. General procedures. (1) Each Party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any relevant matter (subject to the rules contained herein), and to rebut evidence. (2) Staff shall have the responsibility of presenting the case on behalf of the City. The Staff Report on the Application shall be made available to the Applicant and the Commission no later than twenty-four (24) hours prior to the quasi-judicial hearing on the Application. (3) Official file. All written communication received by Commissioners or Staff concerning an Application, the Staff Report on the Application, any petitions or other submissions from the public, and all other documents pertaining to the Application upon receipt shall be filed in the official file for the Application, which shall be maintained by Staff. The Comprehensive Plan and the City Code of Ordinances shall be deemed to be part of the official file. The official file shall be available for inspection during normal business hours. (4) The printed agenda for the meeting at which the quasi-judicial hearing is scheduled to take place shall briefly explain the procedures and nature of the quasi-judicial hearing. 5 Ordinance No. 2001-_ Page 6 Section 34-36. Hearing Procedures. (1) The hearing shall, to the extent possible, be conducted as follows: (a) The Chair or City Attorney shall read a statement at the beginning of the quasi-judicial hearing portion of the agenda, which shall outline the procedure to be followed. A copy of this Ordinance shall be made available at the hearing. (b) The Applicant, Staff, and all Participants requesting to speak shall be collectively sworn by oath or affirmation. (c) The Applicant may waive its right to an evidentiary hearing if it agrees with the Staff recommendation and no one from the audience wishes to speak for or against the Application. The Commission may then vote on the item, based upon the Staff Report and any other materials entered by Staff from the official file into the record of the hearing. (d) If there is an evidentiary hearing, the order of the presentation shall be as follows, unless the Chair agrees to a different order, taking proper consideration of fairness and due process: i. Staff shall present a brief synopsis of the application; introduce any appropriate additional exhibits from the official file which have not already been transmitted to the Commission with the agenda materials, as Staff desires; summarize issues; and make a recommendation on the Application. Staff shall also introduce any witnesses that it wishes to provide testimony at the hearing. ii. The Applicant shall make its presentation, including offering any exhibits from the official file, and introduce any witnesses as it desires. iii. Participants in support of the Application shall make their presentations. iv. Participants in opposition to the Application shall make their presentations. v. Staff may cross-examine any witnesses and respond to any testimony presented. If any witness is unavailable at the 6 Ordinance No. 2001-_ Page 7 hearing to be cross-examined, his testimony shall be disregarded. vi. The Applicant may cross-examine any witnesses and respond to any testimony presented. If any witness is unavailable at the hearing to be cross-examined, his testimony shall be disregarded. vii. The Chair may choose to allow Participants to respond to any testimony if the Chair deems the response to be necessary to ensure fairness and due process. viii. Commissioners, through the Chair, may ask any questions of the Staff, Applicant and Participants. ix. Final argument may be made by the Staff, related solely to the evidence in the record. x. Final argument may be made by the Applicant, related solely to evidence in the record. xi. A qualified Intervenor may make a presentation, conduct cross-examination and make final arguments in the order as decided by the Chair. (e) The Chair shall keep order, and without requiring an objection, may direct a Party conducting the cross-examination to stop a particular line of questioning that merely harasses, intimidates or embarrasses the individual being cross-examined, is unduly repetitious, not relevant or beyond the scope of the testimony by the individual being cross-examined. If the Party conducting the cross-examination continuously violates directions from the Chair to end a line of questioning deemed irrelevant and merely designed to harass, intimidate or embarrass the individual, the Chair may terminate the cross- examination. (f) After the presentations, and at the conclusion of any continuances, the Commission shall deliberate on the Application. Once the Commission begins its deliberations, no further presentations or testimony shall be permitted except in the sole discretion of the Commission. The Commission's decisions must be based upon competent substantial evidence in the record. (2) The Commission may, on its own motion or at the request of any person, continue the hearing to a fixed date, time, and place. The Applicant shall have the right to one (1) continuance; however, all 7 Ordinance No. 2001-_ Page 8 subsequent continuances shall be granted at the sole discretion of Commission. (3) The Applicant may withdraw an Application by requesting such withdrawal in writing. If an Application is withdrawn, that Application or any similar Application for the same site shall not be accepted for review for a period of one (1) year. Section 34-37. Rules of Evidence. (1) The Commission shall not be bound by the strict rules of evidence, or limited only to consideration of evidence which would be admissible in a court of law. (2) The Chair may exclude evidence or testimony which is not relevant, material, or competent, or testimony which is unduly repetitious or defamatory . (3) The Chair will determine the relevancy of evidence. (4) Matters relating to an Application's consistency with the City Comprehensive Plan or Land Development Regulations will be presumed to be relevant and material. (5) Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient by itself to support a finding unless it would be admissible over objection in a court. (6) Documentary evidence may be presented in the form of a copy of the original, if available. A copy shall be made available to the Commission and to the Staff no later than two days prior to the hearing on the Application. Upon request, the Applicant and Staff shall be given an opportunity to compare the copy with the original. Oversized exhibits shall be copied and reduced for convenient record storage. (7) Only the Applicant, qualified Intervenor, Staff and the Commission shall be entitled to conduct cross-examination when testimony is given or documents are made a part of the record. (8) The City Attorney shall represent the Commission and advise the Chair and Commission as to the procedures to be followed and the propriety, relevancy and admissibility of evidence presented at the hearing. 8 Ordinance No. 2001-_ Page 9 (9) The Commission shall take judicial notice of all state and local laws, ordinances and regulations and may take judicial notice of such other matters as are generally recognized by the courts of the State of Florida. (10) Supplementing the record after the quasi-judicial hearing is prohibited, unless specifically authorized by an affirmative vote of the Commission under the following conditions: (a) The supplementation occurs after a quasi-judicial hearing is continued but prior to final action being taken on the Application. (b) If a question is raised by the Commission at the hearing which cannot be answered at the hearing, the Party to whom the question is directed may submit the requested information in writing to the Commission after the quasi-judicial hearing, with copies to the other parties, provided the hearing has been continued or another hearing has been scheduled for a future date and no final action has been taken by the Commission. The information requested will be presented to the Commission at the time of the continued hearing. (c) All Parties and Participants shall have the same right with respect to the additional information as they had for evidence presented at the hearing. Section 34-38. Final Decision by the Commission. The Commission shall reach a decision without unreasonable or unnecessary delay, which shall be adopted by the Commission in writing and dated as of the date issued and shall indicate the date filed in the City Clerk's office. Notification of the Commission's Development Order shall be provided by the Director of the Community Development Department to the Applicant by certified mail, and made available to any person who requests a copy from the City Clerk. Section 34-39. The Record. All evidence admitted into the record at the hearing, and the adopted Development Order of the Commission, shall be maintained by the City Clerk in a hearing file for a period of at least 45 days from issuance of the Development Order. Section 4. Severabilitv. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance 9 Ordinance No. 2001-_ Page 10 shall for any reason be held to 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. 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 work "Ordinance" shall be changed to "Section" or other appropriate word. Section 6. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Rogers-Libert, who moved its adoption on first reading. The motion was seconded by Vice Mayor Cohen and, upon being put to a vote, the vote was as follows: Commissioner Arthur Berger yes Commissioner Jay R. Beskin yes Commissioner Manny Grossman yes Commissioner Harry Holzberg yes Commissioner Patricia Rogers-Libert yes Vice Mayor Ken Cohen yes Mayor Jeffrey M. Perlow yes The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. The motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow PASSED on first reading this 1 st day of May, 2001. 10 Ordinance No. 2001-_ Page 11 PASSED AND ADOPTED on second reading this 5th day of June, 2001. JEFFREY M. PERLOW , MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY 11 - CITY OF AVENTURA OFFICE OF THE CITY MANAGER FROM: MEMORANDUM ~ I City Commission S I ~// I Eric M. sorOka~M~na~~ April 25, 2001 TO: DATE: SUBJECT: Ordinance Amending C First Reading May 1, 2001 City Commission Meeting Agenda Item 8-B Second Reading June 5, 2001 City Commission Meeting Agenda Item ~ ~ B /~ At the recommendation of the Elections sub-Committee and the consensus of the Commission at the Workshop Meeting of April 23,2001, attached is an ordinance amending the Canvassing of Elections to provide for a 3-member panel. If you have any questions, please feel free to contact me. EMS/tms attachment ~.......... ORDINANCE NO. 2001-_ AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 26 ENTITLED "ELECTIONS", BY AMENDING ARTICLE I. "IN GENERAL" - SECTION 26-1 "CANVASSING OF ELECTION RETURNS; CERTIFICATES OF ELECTION" TO PROVIDE FOR ADDITIONAL INDIVIDUALS TO SERVE WITH THE CITY CLERK IN THE CANVASSING OF ELECTION RETURNS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Section 26-1 of the City Code provides for the canvassing of election returns by the City Clerk; and WHEREAS, the City Commission wishes to amend Section 26-1 to provide for additional individuals to serve with the City Clerk in the canvassing of election returns. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:1 Section 1. That Section 26-1 of Chapter 26 "Elections" of the City Code of the City of Aventura is hereby amended to read as follows: Section 26-1. Canvassing of election returns; certificates of election. All municipal elections shall be canvassed by a panel composed of the City Clerk, with tho as&i&tanoo of the Miami-Dade County Supervisor of Elections or his/her designee. and an actina County Court or Circuit Court iudae. selected by the City Clerk. with preference aiven to a iudae residina in the City of Aventura. The City Clerk shall present a certification of election results to the City Commission at the first meeting of the City Commission following the election, which shall be adopted by Resolution. Canvassing of election returns shall be conducted under the applicable provisions of the Florida Statutes. 1 Striokon toxt is deleted; underlined text is added Ordinance No. 2001-_ Page 2 Section 2. Severabilitv. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any 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 be 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 Rogers-Libert, who moved its adoption on first reading. The motion was seconded by Vice Mayor Cohen, and, upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow yes yes yes yes yes yes yes 2 Ordinance No. 2001-_ Page 3 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 Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow PASSED on first reading this 1 st day of May, 2001. PASSED AND ADOPTED on second reading this 5th day of June, 2001. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY 3 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the underSigned authority personally appeared Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Dally Business Review f/kla Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami- Dade County, Floridai that the attached copy of advertise- ment, being a Legal Advertisement of Notice In the malter of CITY OF AVENTURA PROPOSED ORDINANCES JUNE 5, 2001 In the........... .~:x::x.x:x:...................... Court, was published in said newspaper in the issues of May 4, 2001 Affiant further says that the said Miami Daily Business Review Is a newspaper published at Miami in said Mlami~ Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami~Dade County, Florida, for a period of one year next preceding the first tion of the attached copy of advertisement; and a . nt fur er says that she has neither paid nor promised a y pers ,firm or corporation any discount, rebate, com- ission r refu for the purpose of securing this advertise- nt f public t n in theZJid new aper. o ~ ---~ ..' .io(..... _~_ Sworn to and subscribed before me this 4 May 2001 ..... day of ................................ A.D......... ...C~4.~,.u.t,.......... (SEAL) ..Ill "U OFFlClAl~IOTARYSEAl ,0':; << CHERYl H MAR'JER Sookie Williams personally kno ~'~~ ,. COMMISSION NUMOEi'l ~ <If CC931156 ""1> ~ MV CQMM!lISION EXPIRES OF f\. 0 APR. 24 2004 -. -, ~~qfB~ CITY OF AVENTURA PUBLIC NOTICE OF PROPOSED ORDINANCES NOTICE IS HEREBY GIVEN that on Tuesday, the 5th day of June, 2001. at a meeting of the City Commission of the City of Aventura, to be held at 6;00 p.m. in the Commission Chamber at Aventura Government ,s-ent8f';-19200 'NG3t Country-Gfub-Brive, AVeffltlra;- Florida, --the-Oityeom----' mission will consider the adoption of the following Ordinances on second, 'reading, entitled: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 34 "PLANNING AND ZONtNG", AMENDING ARTICLE II "QUASI. JUDICIAL MATTERS" TO REPEAL 34-31 "EX PARTE COM. MUNICATtONS WITH PUBLIC OFFICIALS," SECTION 34-32 "HEARING PROCEDURES," AND REPLACE WITH NEW SECTIONS 34-31 THROUGH 34-39 REGARDING QUASI.JU- DICIAL DEVELOPMENT ORDERS; RENUMBERING EXtST. tNG SECTION 34.33 "PUBLIC STATEMENTS BY COMMIS. StONERS" TO BECOME SECTION 34-40; PROVtDING FOR SEVERABtllTY; PROVIDING FOR INCLUSION IN CODE: PROVIDING FOR EFFECTtVE DATE. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDtNG CHAPTER 26 ENTITLED "ELECTIONS", BY AMENDING ARTICLE I. "IN GENERAL" - SECTION 26-1 "CANVASSING OF ELECTION RETURNS; CERTIFtCATES OF ELECTION" TO PROVIDE FOR ADDITIONALINDtVIDU. ALS TO SERVE WITH THE CITY CLERK IN THE CANVASS. tNG OF ELECTtON RETURNS: PROVIDING FOR SEVERA. BtllTY; PROVIDING FOR INClUStON IN COOE; PROVtDtNG FOR EFFECTIVE DATE. The proposed Ordinances may be inspected by the public at the Office 'of the City Clerk. 19200 West Country Club. Drive, 'Aventura, Florida. In. terested parties may appear at the Public Hearing and be heard with re- , 'spect to the proposed Ordinances; Any person wishing to address the City Commission on any item at. this_Public Hearing is asked to register .with the City Clerk prior to that item being heard. In accordance with the Americans with Disabilities ,I\ct of 1990, all per- sons Who are disabled and who need special accommodations to partici- pate in this proceeding because of that disabUity should contact the Office of the City Clerk. 305-466-8901. not later than two business days prior to , ,Such proceedings. If a person decides to appea! any decision made by the City Commis- f 'sian with respect to any matter considered at a meeting or hearing,that person will need a record of the proceedings and, for such purpose, may, >>eed 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. '$/4 Teresa M. Soroka, CMC City Clerk;' 01-4-61/160031 M