03-20-2008 Workshop
The City of
AVentura
~,
19200 West Countrv Cluh Drive A ventura. FT.
City Commission
Workshop Meeting
March 20,2008
9:00 A.M.
Executive Conference Room
AGENDA
1. Results of Annexation Feasibilty Study (City Manager)*
2. Transportation Mitigation Impact Fee Ordinance (City
Manager) *
3. Recommendation to Address Florida Class Size Mandate for
ACES (City Manager)*
4. Adjournment
* Back-up Information Exists
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.
SKY LAKE-HIGHLAND LAKES AREA HOMEOWNERS ASSOCIATION
March 13, 2008
City of Aventura
ATTN: Eric M. Soroka
City Manager
19200 West Country Club Drive
Aventura, Florida 331S0
RE: Annexation discussions
Dear Mr. Soroka:
On behalf of the Board of Directors of the Sky Lake-Highland Lakes Area Homeowners Association I would
like to express our appreciation for sharing the findings of the Annexation Feasibility Study Northeast Dade
dated January 2008. The study is thorough and provides a good basis for our on-going dialogue regarding
the benefits and costs of a possible annexation.
There is one element of the study, which is the revised boundary of the proposed annexation area, that we
respectfully request be reconsidered. While we understand and concur with a majority of the assumptions
used, we believe that squaring off for existing North Miami Beach boundaries within the Sky Lake
neighborhood can be accomplished more effectively without foregoing essential community assets that have
been the fabric of our neighborhoods for over 40 years.
-A" rated Ojus Elementary School: recently having completed a major addition/renovation to the campus
this school also serves Aventura families residing along the William Lehman Causeway.
Hillel Community Day School and the Michael-Ann Russell Jewish Community Center: Located in the
Sanford Ziff Campus, the MAR-JCC is recognized for its high quality programs and outstanding facilities
with diverse social, cultura~ educational and athletic programming that supplements the needs of
Aventura families.
Sl Lawrence Catholic Church and Temple Sinai of North Dade: both congregations serve Aventura
families while also providing educational services for pre-k through Sth grades.
Maintaining these assets within our boundaries affords the many benefits of collaboration and coordination
that come from community-based partnerships that supplement municipal services and fonn the basis of a
well-rounded community. To this end, we respectfully request that the study be amended to include an
alternative boundary which includes the following area described in italics so that the Commission may be in a
position to make an informed decision about the costlbenefits of including these community assets:
-to the west 1-95 from NE 215 Street south to 19111 Street around the City of NMB boundary to NE 22 Avenue
south to Miami Gardens Drive East to the FEe tracks.
Without going into micro-level detail regarding the assumptions used in the study, we agree that further
consideration be deferred until the new Tax Roll information becomes available in June/July of 200S. We
believe that updating the study using the new projectecl revenue estimates based upon the tax relief
referendum approved by voters in January as well as current market conditions is important for this dialogue
to continue on a sound basis.
We would appreciate this letter being included in the agenda package for next week's meeting. Thank you for
your consideration and I will plan to attend the scheduled March 20ft'. workshop in case there should be any
q~~~ons rega~~ing the a~ltemative boundary request.
~l ~!f) i (W-Y
President
,,'" Sky Lake-Highland Lakes
Area Homeowners Association
ANNEXA TION FEASIBILITY STUDY
NORTHEAST DADE
,~~ ?1iami-lJ)ade County
Awmtura Study Area
Legend
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Annexation Feasibility Study Committee
Eric M. Soroka, City Manager
Brian K. Raducci, Finance Director
Robert M. Sherman, Community Services Director
Steven Steinberg, Police Chief
Karen Lanke, Information Technology Director
Joanne Carr, Planning Director
Prepared by: City of A ventura
Office of the City Manager
January 2008
CITY OF AVENTURA
ANNEXATION FEASIBILITY STUDY
NORTHEAST DADE
TABLE OF CONTENTS
TOPIC
Introduction
PAGE NO.
1
Proposed Study Area
1
Miami-Dade County Annexation Requirements
2
Study Format
3
Economic Feasibility Conclusion and Summary
4
Revenue Projections
6
Operating and Maintenance Cost and Staffing
Office of the City Manager
Finance Support Services Department
Information Technology Department
Legal Department
Police Department
Community Development Department
Community Services Department
Non-Departmental
Capital Budget
10
11
11
11
11
11
13
13
14
14
Exhibit A - Budget Detail
16
~.
INTRODUCTION
In September 2004, the City of Aventura ("City") prepared an Annexation
Feasibility Study of the North East Mac area to determine the fiscal feasibility of
annexing the subject area. The study was requested after representatives from
the unincorporated area west of the City formally petitioned the City Commission
in May 2004 to annex into the corporate boundaries of the City. The proposed
area of annexation is generally described as follows: to the north - NE 215th
Street or County Line Road; to the east - the Florida East Coast Railroad along
West Dixie; to the south - the boundaries of the City of North Miami Beach; and
to the west - Interstate 95 from N E 215th Street south to Snake Creek canal. One
of the major concerns addressed was to determine if the City's current residents
would need to financially subsidize the proposed annexed area.
The study concluded that the City would experience a significant negative fiscal
impact on it's budget if the Northeast MAC area were annexed to the City and the
City used the available identified revenue sources and provided the same level of
services as it provides to the residents and businesses in the City's current
boundaries. The first year deficit was projected to be $1,032,445, an amount that
equaled to about 20% of the revenues anticipated from the annexed area. The
County Code relating to electric franchise and utility tax revenues adversely
affected the revenue projections by $1,403,700. Without overcoming those
obstacles, it was not prudent from a financial standpoint to annex the area
identified as the Northeast MAC. Based on the results of the study, the City
Commission declined to further consider the annexation request.
Based on a request from the County Commission to determine the interest of the
City in annexing part or the entire unincorporated area included in the North East
MAC, the City Commission requested the City Administration to update the
pervious study based upon a defined study area.
PROPOSED STUDY AREA
The proposed area of annexation is generally described as follows: to the north -
NE 215th Street or County Line Road; to the east - the Florida East Coast
Railroad along West Dixie; and to the west - Interstate 95 from NE 215th Street
south to NE 191st Street and to the south NE 191st street to NE 18th Avenue up to
NE 199th Street to NE 26th Avenue back down to NE 191 st Street.
The estimated population of the proposed area for annexation is 6,680. The area
is largely single family residents with a commercial corridor along Dixie Highway.
The area does include two (2) public schools and a K-8 currently under
construction.
1
The following is a map of the study area:
..~ ... :Miami-'IXufe County
Aventura Study Area
The proposed annexation area, which is smaller than the area identified in 2004,
was selected for the following reasons:
· Squares off the City boundaries to 1-95.
· Provides jurisdiction to the City for traffic issues along Ives Dairy Road.
· Provides a small compact area and population to be served.
. Provides a mix of residential and commercial uses.
· Provides opportunities for the remaining portion of the unincorporated
areas to be annexed to North Miami Beach to square off their boundaries.
MIAMI DADE COUNTY ANNEXATION REQUIREMENTS
The following are the important points currently contained in the Miami-Dade
County Code which outlines the process for annexation initiated by a City:
· The Miami-Dade County Commission along with a majority of the
registered voters in the annexation area must approve an annexation
petition.
· The County Planning Advisory Board is required to review all annexation
petitions.
· The County shall retain all electric franchise revenues in the annexation
area during the full term of the County franchise with FPL.
· The County shall retain all utility tax and cigarette tax revenues in the
annexation area forever.
2
. The County may require that all garbage collection and disposal service
for the annexation area remain with the County.
These policies are currently under review by the County.
STUDY FORMAT
This Study focused on the economic feasibility of annexing the proposed area.
The purpose of study was to determine if the revenues generated within the
proposed annexed area could pay for the cost of providing services to the area.
This included the following components:
. Revenue analysis
. Service levels and costs
. Infrastructure needs
One of the major concerns addressed was to determine if the current City
residents would need to financially subsidize the proposed annexed area.
The establishment of service in the proposed area is based on the following
assu mptions:
. Planning, Code Enforcement, Building permitting and review services
would be established on the first day when the annexation took effect.
. Public works, recreational and transit services would be established on the
first day when the annexation took effect.
. Police services would be implemented over a two (2) year period in order
to meet recruitment and hiring requirements.
. All other services would be established on the first day when the
annexation took effect.
. Residents in the proposed area would not be eligible for resident
preference at the City Charter School for the first three (3) years after the
annexation took effect.
Based on the foregoing, budget estimates were prepared based on a three (3)
year period to analyze the effect of phasing in services and to obtain an accurate
picture of costs of providing services.
The study assumes that the City would be able to acquire all electric franchise
and utility taxes generated from the area. Current County policy provides for the
County to retain all electric franchise and utility taxes generated from the area.
The study does not take into consideration the effects on revenues from
the recently approved property tax reform amendments.
3
AREA PROPERTY ASSESSMENTS
The following chart provided by the Miami-Dade County outlines the assessed
value of the proposed are to be annexed by property type:
MIAMI -DADE COUNTY PROPERlY APPRAISER
INFORMATION SERVICES DIVISION
OCTOBER 18, 2007
AVENTURA STUDY AREA
Values from the 2007 Preliminary Assessment Roll
PROPERTY TYPE
RESIDENTIAL
CONDO
MULTI FAMILY
COMMERCIAL
OTHER IMPROVED PROPERTY
VACANT (GOVT)
VACANT LAND
COUNT
1,763
618
41
56
7
13
53
MARKET
1,062,485,761
86,180,220
15,574,714
77,856,217
26,159,822
8,481,216
12,505,080
ASSESSED
625,916,122
52,300,944
14,193,168
77 ,856 ,217
26,159,822
8,481,216
12,505,080
MIAM~
_liiII'
TAXABLE
584,615,488
40,363,391
13,842,668
75,134,361
3,441,755
o
12,497,240
ALL REAL PROPERTY 2,551 1,289,243,030 817,412,569 729,894,903
PERSONAL PROPERTY 184 5,160,280 5,160,280 5,130,144
ALL ASSESSED PROPERTY 2,735 1,294,403,310 822,572,849 735,025,047
ECONOMIC FEASIBILITY CONCLUSION AND SUMMARY
Provided that the City can retain electric franchise and utility tax revenues and
that the police service levels can be phased over a two (2) year period, the
annexation of the area identified herein to, is marginally financially feasible and
would not result in a negative impact on the City's finances,
The following chart is a summary of the estimated revenues and expenditures
over the first three (3) years after the date if the annexation occurred, associated
with the study area.
REVENUES
EXPENDITURES
$ 4,192,576 $ 4,320,492 $ 4,455,726
3,862,810 4,303,988 4,434,938
$
329,766 $
4
16,504 $ 20,788
Budget surpluses that occur in the first year while the police services are being
phased in could be used to offset possible revenue shortfalls in the future years.
A strict property maintenance Ordinance would be required to be implemented to
insure that property values and the esthetics of the area are maintained. In
addition, strict compliance with the City's sign code would require the removal of
certain commercial signage and advertising on bus benches throughout the area
under consideration for annexation.
Despite the marginally positive results of the study, it is recommended that
the City Commission move on this issue cautiously in light of the property
tax reform vote and falling residential property values that could reduce
projected revenue estimates and create a financial hardship on the City. It
is recommended that any action on this matter be delayed for until the end of the
year to allow the effects of pending property tax reform proposals and falling
residential property values to be studied.
Furthermore, if the City Commission wishes to move forward on the annexation
proposal, existing residents in Aventura should have ample opportunities to voice
their support or opposition on this important matter.
It is important to note that if the County is not willing to make concessions
relating to the City retaining electric franchise and utility tax revenues, this would
adversely affected the revenue projections by $1,015,000. Without overcoming
these obstacles it would not be prudent from a financial standpoint to annex the
area identified in the study. Recent annexation requests considered by the
County Commission provided for the County to retain electric franchise and utility
tax revenues
5
REVENUE PROJECTIONS
This section of the report reviews the sources and amounts of revenues that
would be generated from the proposed annexed area. The Miami-Dade County's
Office of Management and Budget was consulted regarding the revenue
assumptions and estimates.
The revenue projections were based on the following assumptions:
· The City will retain all electric franchise revenues in the annexation area
during the full term of the County franchise with FPL. This amounted to an
estimated source of revenue of $420,000 in the first year.
· The City will retain all utility tax revenues in the annexation area. This
amounted to an estimated source of revenue of $595,000 in the first year.
· The City's lower tax rate was used to develop the ad valorem tax amount.
This produced $220,000 less in revenue compared to the County's tax
rate.
· Both the Street Lighting Improvement District and Security Guard Special
Taxing Districts that currently are in place to provide service to the
proposed annexed area will remain in effect. The City dissolved the Street
Lighting Improvement Districts after incorporation. If this action was taken
with the proposed annexed areas, it would negatively impact the budget
by $35,000.
· The projection for the Stormwater Utility Fund expenditures assumes that
the City will be obligated to pay existing debt service costs incurred by the
County for the area until 2029. This increases expenditures by $75,000.
Table 1 lists the projected revenues by summary category that would be
generated in the annexation area over the first three (3) years after annexation of
the area. A detailed budget including all projected line item revenues is contained
in Exhibit A. The basis for each revenue forecast is explained below.
Table 1: Projected Revenues Generated in the Annexation Area
99sLoca Levied Taxes
320000132999~Licenses & Permits
~3000.01~~~~~~lnt~.~j!(;)"e rnme nta I Rev.
340000134999~Cha rges for Se rvices
.......,....---""...,....... . . ",....,....... ...,
350000135999~1=' i 11 e s & F 0 rfe itu re s
360000136999~Misc. Revenues
+'md~~~~~"""'''~ ,_ ~."m~_~._~_,__."
399900139999~ Fund 8 a la nc e
2,653,290
165~0~0,
.. . ..~___~1.~!~.!)61
344,431 J
57,500
60,000
o
..___..~65,000!
........ ..~..~~~!..561
353,4881
57,500i
. 60,000 !
o
2,839,825
, .._._~_~_'"._.w.".~_~__
165,000
967,583
365,818
57,500
60,00
o
6
Table 2 lists the projected revenues by fund that would be generated In the
annexation area over the first three (3) years after annexation of the area.
Table 2 Projected Revenues Generated by Fund in the Annexation Area
General Fund
Street Maintenance Fund
Stormwater Utility Fund
$
3,519,257 $
371,389
301,931
3,626,973 $
382,531
310,988
3,741,402
394,006
320,318
Ad Valorem Taxes
On the whole, potential property tax revenue represents the single largest source
of revenue. The estimate for the property tax revenue is based on applying the
City's tax rate of 1.7261 on the taxable assessed value of the annexed area of
735,025,047. Assuming a 95% collection rate the amount generated by this
source is estimated to be $1,205,290 in the first year. The second and third year
estimates were based on a modest 4% growth factor.
Franchise Fees
Electric Franchise Fees are projected to be $420,000 in the first year based on
county estimate. Towing Franchise Fees are estimated to be $2,000 based
number of projected tows in the area. Gas Franchise Fees are projected to be
$34,000 in the first year based on County estimate. The second and third year
estimates were based on a 3% growth factor.
Utility Taxes
Utility Tax revenues are projected to $595,000 in the first year based on County
estimate. The second and third year estimates were based on a 3% growth
factor.
Unified Communications Tax
Unified Communications Tax revenue are projected to be $397,000 in the first
year based on County estimate. The second and third year estimates were
based on a 3% growth factor.
Local Business Tax
Revenues are projected to be $15,000 based on County estimates.
Building/Engineering Permits
Building/Engineering Permits is projected to be $150,000 based on County
estimates.
State Revenue Sharing
The estimate of $105,467 was developed by utilizing the City's per capita figure
of $15.06 multiplied by the population figure of 7,000 for the proposed annexed
area.
7
Half Cent Sales Tax
The estimate of $430,000 was developed based on County estimate The second
and third year estimates were based on a 3% growth factor.
Charges for Service
The revenue figures are based on City estimates of recreation programs which
are offset by expenditures. Total estimate for this revenue source is $375,500 in
the first year.
Fines and Forfeitures
The estimate of $52,500 for County Court Fines was developed by utilizing the
City's per capital figure of $7.50 multiplier by the population figure of 7,000 for the
proposed annexed area. The Code Violation Fine revenue was based on City
projections of similar area of enforcement.
Miscellaneous Revenues
Interest earnings were estimated at $25,000 and a "catch all" line item for Misc.
Revenues included an estimate of $35,000 based on City experience.
Transportation and Street Maintenance Fund
This fund is normally established to account for restricted revenues and
expenditures which by State Statute and County Transit System Surtax
Ordinance are designated for transportation enhancements, street maintenance
and construction costs. Expenditures are accounted for in this fund by
designating specific operating line items or Capital projects. Revenues are
projected to be $371,389. The estimate for each revenue were developed by
utilizing the City's per capita revenue figure and applying it to the population of
7,000.
The funds will be used to support the following major first year operating costs
and capital projects:
· Implementation of transit system services - $50,000
. Road maintenance - $71,389
. Right-of way maintenance - $75,000
. Engineering services -$10,000
. Signage - $15,000
. Sidewalk improvements - $25,000
. Street Lighting improvements - $50,000
. Road improvements -$75,000
Storm water Utility Fund
This fund is used to account for revenues and expenditures specifically
earmarked for the construction and maintenance of the stormwater drainage
system. By applying the a stormwater utility fee of $3.35 to the 7,743 ERUs in the
proposed annexed area, less a 3% uncollectible rate, $301,931 would be
8
generated for drainage maintenance and improvements. The County's rate is
$4.00/ERU.
Annual maintenance expenditures are estimated at $26,937.and the debt service
costs incurred by the County would be $75,000 Therefore, $200,000 will be
available for drainage capital improvements.
9
OPERATING AND MAINTENANCE COST AND STAFFING
This section of the report analyzes the annual cost and staffing of operating and
maintaining services that the City would provide to the proposed annexation
area. The costs associated with each service area were developed on the basis
of providing the same service level to the annexed area as the City's residents
currently enjoy. In order to forecast costs with a high degree of reliability,
expenditure estimates were based on costs per unit of service and actual
personnel costs experienced by the City of Aventura. The analysis also includes
direct and indirect costs of service. The establishment of service in the proposed
area is based on the following assumptions:
· Planning, Code Enforcement, Building permitting and review services
would be established on the first day when the annexation took effect.
· Public works, recreational and transit services would be established on the
first day when the annexation took effect.
· Police services would be implemented over a two (2) year period in order
to meet recruitment and hiring requirements.
· All other services would be established on the first day when the
annexation took effect.
Table 3 lists the estimated costs for operations and maintenance over the first
three (3) years after annexation occurs to serve the annexation area. A detailed
budget including all projected line item costs is contained in Exhibit A. The basis
for each service area forecast is explained below.
Table 3: Projected Operating and Maintenance Costs of Annexation
Operating Expenditures:
City Commission $ $ $
Office of the City Manager 45,000 45,000 45,000
Finance Support Services 12,500 12,800 13,112
Information Technology 7,500 7,700 7,908
Legal 76,000 56,000 56,000
City Clerk
Public Safety 1,208,454 2,269,312 2,399,955
Community Development 359,554 366,575 374,445
Community Services 522,803 554,360 586,995
Non - Departmental 311,000 321,240 331,824
It was determined that the operating costs associated with the City Commission
and City Clerk Departments would not be significantly impacted by the
an nexation.
10
Table 4 lists the estimated additional employees that the City would need to hire
over the first three (3) years after annexation occurs to serve the annexation
area.
Table 4: Projected Additional Employees
City Commission
Office of the City Manager
Finance Support Services
Information Technology
Legal
City Clerk
Public Safety
Community Development
Community Services
12
3
2
23
3
2
23
3
2
Office of the City Manager
This department does not require any additional personnel to serve the
proposed area to be annexed. The projected budget amount of $45,000
relates to the costs associated with; the personnel function for the additional
employees; distribution of quarterly newsletters and web page revisions.
Finance Support Services
This department does not require any additional personnel to serve the
proposed area to be annexed. The projected budget amount of $12,500
relates to the costs associated with the audit and additional supplies.
Information Technology
This department does not require any additional personnel to serve the
proposed area to be annexed. The projected budget amount of $7,500 relates
to the costs associated with web page maintenance and additional supplies.
Legal
The City contracts its legal services to a private law firm. It is anticipated that
the additional legal services costs for the proposed annexed area would be
$76,000 in the first year and decreasing to $66,000 in the second and third
years. This includes costs associated with day to day legal issues, zoning
matters and service contracts.
Police
The City's Police Department has a total of 119 positions. Of that number, 79
are sworn officers. The department provides a full range of services including
11
road patrol, SWAT, marine patrol, criminal investigations, preventive patrol,
bike patrol, crime prevention, traffic enforcement, school resource services
and dispatch functions. Based on applying our current standards of service it
is estimated that the cost for providing Police services to the proposed
annexed area over a two (2) year phased approach would be $1,208,454 in
the first year and $2,215,579 in the second year. The projected third year cost
is estimated to be $2,342,155. The determination of this figure is based on
the following analysis:
A. Determination of Staffinq levels
It is first necessary to develop the uniformed road patrol requirements in order
to determine the overall staffing levels. Currently the City of Aventura has a
ratio of 2.6 sworn personnel for every 1000 citizens. If this ratio was applied to
the annexed area 18 additional sworn police officers would be required.
B. Staffinq Levels
The following is a general overview of the staffing requirements to serve the
proposed annexed area:
. 16 Road Patrol
. 1 Sergeant - Promoted form current personnel
· 1 Lieutenant - Promoted form current personnel.
. 2 Detectives -Needed to handle additional call volumes.
. 1 Dispatcher - Needed to handle additional call volume.
· 1 Crime Scene Technician - Required to handle additional work-
load.
· 2 Police Service Aides - Required to handle increases in traffic
related incidents.
· 1 Assistant Fleet Manager - Required to handle increases in work-
load.
Total new employees: 23
C. Service Phase In
Police services would be implemented over a two (2) year period in order to
meet recruitment and hiring requirements.
First year - 8 officers, 1 Detective, 1 Crime Scene Technician, 1 Police
Service Aide, and 1 Assistant Fleet Manager.
Second year - 8 officers, 1 Detective, 1 Police Service Aide, 1 Dispatcher.
D. Operatinq Costs
Operating costs for police services were developed by extrapolating the City's
budget figures based on workload, population and service calls for the
proposed annexed area. Funds were included to provide crossing guards at
the public school locations and to insure the use of state of the art technology
currently employed by the City's police services.
12
Community Development
There are three (3) main service areas for the Community Development
Department in the City. The same areas were analyzed as drivers for
calculating costs for the proposed annexation area.
The City contracts its building review and inspections to a private firm. Based
on estimates provide by the County it is anticipated that $200,000 would be
generated in expenses with a like amount of revenue to offset the costs. An
additional Customer Service Representative position would be required to
address the increased workload relating to the permitting function.
Code enforcement services ensure that the use of residential property and
businesses conforms to the City's code of permitted and prohibited uses. It is
an important function to ensure that property values are maintained. It is
anticipated that 2 Code Compliance Officers would be necessary to provide
the service level required for the annexed area.
It is anticipated that additional Planner services would be necessary to
process the planning and zoning related to applications for new construction
and redevelopment associated with the proposed annexed area.
Community Services
The City's Community Services Department provides a variety of public
services through the following Divisions:
Public Works Division:
Street and sidewalk maintenance, stormwater drainage maintenance,
citywide beautification and landscape maintenance, street furniture
maintenance, facility management and janitorial services, building security,
fleet management for non-police vehicles, public works permitting, utility
coordination, GIS mapping, special event support, and audio visual services.
Parks and Recreation Division:
Operation of all City parks and the Community Recreation Center, planning
and coordinating special events, recreation programming at the Community
Recreation Center, youth and adult athletics, senior programming, tennis
lessons, summer and holiday camps, public transportation management, and
special event permitting to community groups.
The majority of these services are provided using the private sector through
contract administration. This concept would be extended to the proposed
annexed area.
The following park sites would become the City's responsibility if the
proposed annexation occurred:
13
Highland Oaks Park NE 203 St. and 24th Ave.
30 acres
One (1) fulltime park supervisor and three (3) part-time park attendants are
anticipated to operate the two park locations. All maintenance and
recreational programming would be contracted out.
All public works and street maintenance costs would be contracted as well
based on current City standards. One full-time maintenance position is
included in the Transportation and Street Fund to respond to service needs. It
is estimated that contractual maintenance services, utilities for public works
and parks functions would cost $180,450 in the first year. Personnel costs
account for $94,033 in the first year.
A total of $50,000 was also included in the Transportation and Street Fund to
establish a free shuttle bus service to be funded by revenues from the
Peoples Transit Program. Funds are also included to provide recreational
programming at the park locations. It is anticipated that most recreational
programming would be offset by user fees.
Non-Departmental
Non-Departmental Costs are estimated to be $281,000 in the first year. Major
expenses in this category are as follows:
. Liability insurance $225,000
. Communication services 50,000
· Contingency 25,000
. Other operating supplies 15,000
Proposed Capital Budget
The following represents the proposed capital budget needs for the first three
(3) years of operations displayed on a fund basis. A total of $2,160,700 of
capital costs was identified in the development of the budget for the first three
(3) years. A detailed budget including all projected line item revenues is
contained in Exhibit A.
A. General Fund
Police Department - $610,700- The cost projection of $511,900 for police
vehicle requirements was based on a phase-in program over two (2) to three
(3) years. The estimate assumes the purchase of 15 vehicles including
radios, computer modems and equipment. The cost of providing laptop and
desk computers for all additional employees is estimated to be $38,000.
Radios for all required personnel are estimated at $60,800.
Community Development - $50,000 - Estimated cost for computers,
vehicles and equipment for additional employees.
14
Community Services - $600,000 - Estimated cost for road improvements
and beatification program.
B. Transportation Fund
After funding operating costs restricted by revenues received in the
Transportation Fund, a total of $450,000 over the first three (3) years, was
available for the following recommended capital projects.
. Sidewalk improvements -$75,000
. Street Lighting Improvements - $150,000
. Road Improvements -$150,000
It should be pointed that greater capital needs were identified for the
proposed annexed area than were actually provided for in the first three (3)
year budget. It is anticipated that they would be addressed over a five (5) to
seven (7) year period.
C. Stormwater Utility Fund
After funding operating costs and debt service costs, previously incurred by
the County, restricted by revenues received in the Stormwater Utility Fund, a
total of $600,000 was available for drainage capital projects over the first
three (3) years. It should be pointed that greater capital needs were identified
for the proposed annexed area than were actually provided for in three (3)
years. It is anticipated that they would be addressed over a five (5) to seven
(7) year period.
15
Exhibit A
OPERATING & CAPITAL OUTLAY
'General Fund
Street Maintenance Fund
Stormwater Utili Fund
City Co~mmission
Office of the CityllJlClI1.ilger
Finan(:e Support Services
~....... . .111!orl1l!!!()n Technol()9Y.
Legal
. City. Cle rk
.!flublic Safe.ty. m.
.. c;()I1l.!!'u n ityl:)e."e.'()pme nt
Co III Ill. IJ 11 ityServicEls
Non - Departmental
$
$
$
. 45,!l.()()" .
1 ~,5()(),
7,500
~ .~. ~""..'" ""'"""'---~,-,'-.-.-.-.'^-~~.
76,000
45,000
12,800 i
m!.!?()()[
56,000
45,000
13,112
.... 7,~()8m
56,000 !
1,208,454
359,554
522,803
311,000
2,269,312
366,575
554,360
321,240 i
2,3~~~~~~
374,445
586,995
331,824
Commission
Office ofthe City Manager
Finill1.(:~ElSupP()r1 ~e rvices
Information Tech,n.tllogy
Le al
City Clerk
P u bl iC~iI!ety
Commul1ity
Commul1i,ty,.~ervices
CIP Reserve
$
$
400,000
16
REVENUE PROJECTIONS
LocallyLevied Taxes
Valorem Taxes-Current
Franchise Fee-Bectric
Franchise Fee-Gas
Franchise Fee- To,^,-ing
Utility Taxes
Unified Communications Tax
$
$ 1,253,502 i $
432,600 i
35,020 .
2,060
612,850
408,910 i
1,303,642
445,578
36,071
2,122
631,236
State Revenue Sharing
Alco~.olic. BE:,,:!!:ageLic:ense
Half Cent Sales Tax
1:le..,,:.~.I~P.'!l.~.I1.t Review Fees
ReclCultural Events
Parks & Recreation fees
Summer Recreation
Com m un itYC:~I1~~ r.Fe es
Other Charges For Service
17
1000/2999
3000/3999
4000/4999
5000/5399
5400/5499
Position No.
0101
0201
0701
0801
0601
3140
3180
4701
4710
4910
5101
5120
5901
Personal Services
Contractual Services
Othe r Cha rges & Se rvices
Commodities
Other Operating Expenses
Position Title
Cityl\llClrlager
Sec~eta ry to City Ma nage r
p'~i~!l.t.t()City ManCi9.ElrlPens
Receptionist/Inform. Clerk
Capital Projects Manager
Total
o
18
1000/2999
3000/3999
4000/4999
5000/5399
5400/5499
Pos. No.
1001
3001
1201
1301
1501
4701
4910
4990
Personal Services
Contractual Services
Othe.r.~tJa.,:~.~s & Se~~es
Commodities
Other Operating Expenses
Position Title
F i na n <:~ ~..~p1:l.ort Se rv:.i.<:.~s 0 i r.
Executive Assistant/Risk Mgm.
Accountant
Purchasing Agent
Controller
Customer Service II
19
1000/2999
3000/3999
Pos. No.
1001
1401
1402
:8001
1403
1201
1401
2101
2201
i
:2301
2401
4851
5101
5120
5290
r--
1
!~--
15901
Personal Services
Contractual Services
Other Ch_arges& Services
Commodities
Other Operating Expenses
5,000
1,500
5,200
1,500
Position Title
Information Technology Director
Network Administrator II
Network Administrator I
VV.~lJmaster/Communications Sp~c:iC:lI_i.st
~LJpp()rt ~p.~.cialist
Total
1
1
1
1
1
5
o
o
o
PERSONAL SERVICES
Employee Salaries
Ove rtim e
FICA
Health, Life & Disability
. Office Supplies
.Computer C:>~!rating Supplies
. .IOther Operating Supplies
20
1000/2999 Personal Services
3000/3999 Contractual Services
4000/4999 Other Charges & Services
5000/5399 Commodities
5400/5499 Other Operating Expenses
3120
3301
21
Police Chief
Executive Assista nt
Ca pta i ns
Lieutenants
Commander
S e r~~allt
Police Officers
Crime Scene Tech
Police Service Aides
Detectives
Cril11~~r~" ~pl:!~i~li~ ..
R.-e c;()rd.~ ~ ~l:!.ryil!i()r..
Records Clerk
Clerk/Data
Crime
911~~.1l~1I!.~m
Communication Officer
Administrative Asst.
Assistant Fleet Ma
~1~~t~.~.Il~g.!!{9~~~~,~I11~~l:!~
Total
Personal Services
Contractual Services
Other Charges & Services
Commodities
Other Operatin
Position Title
892,954 $
~ ~ ~'uu~~__.~.",... ,', ',.",.. .."
66,500
106,500
125,500
17,000
1 ,82.22~~..2 $
66,500
146,500
216,500
17,000
1,953,455
~,""m,,"""m"""~.~.o,WO"OOW'O
66,500
-"~"'.~"",,,.,,.~,,
146,500
216,500
17 ,000
1*
1
11 1* 1"
8 16
1 1
1 2
1 2
1
1
1
15 1 1
4
l' 1 1
1
119 12 23 23
"~'.,.~,,'--~,,,,-~
22
BUDGETARY ACCOUNT SUMMARY
$ 519,000 $
10,000
30,000
18,000
12,500
39,704
74,615
145,902
'~~~'H~'"""',~,'" ,
43,233
1,074,120 $
20,000 .
60,000
39,000
25,000
82,170
154,413
274,161 ,
93,948 i
1,160,050
20,000
60,000
"",,,,,,,,,,,,,-,,,,,,,""""""',,,,
39,000
25,000
88,744
166,766
287,600
'n__""~__"'_"Y_,_w".~Y___W"____^"_
106,295 [
1401
1410
1501
2101
2201
2301
2401
Holiday Pay
Police Incentive Pay
CONTRACTUAL SERVICES
3180 Medical Exams
3491
3192
,OTHER CHARGES & SERVICES
I Travel & Per Diem
$
10,000 $
1,000
3,500
2,000
-,~'"----,,---^
~~~~.~I
3,000
35,00~L
20,000 .
, ."].....
20,0001
2,000
1 0,000 '
1,000 1!~~~J
3,500 3,500 i
.,. .......... .... ... . ,.,....~~----l
~,OOO i2,~~.!
1o,~~~1..~. 10,000
~!~~~J- 3,000
35,000 I 35,000
r-----n
40,000 I
'4001
j,"_~,_,_,~__,"__"__m
4040
-----~._-.--~~---,--
'4042
,-,.,..~_._"""
.4050
!._,,,._._mn
4101
_, ^__ _.'___~m'~_^'WW
.4201.. m.............m Postage
4420 i Leased Equipment
4610
4645
4701
1~.c:l.rr1..~Il!l!;.t.~~.t.i:-'!..I:xPe ns es
~c:~~it.i.Il~L~..':Ii.rin$l .I:xP!..llse
'.In:-,!sti$lati:-'!l:xpe.Ill!;~.. ..
Communication Services
'4~1\ft:.'!ehicles
+~I\ft:.EglJiPrr1e.n.t..m
23
1000/2999 $ 118,054 $ 125,075 : $ 132,945
3000/3999 215,000 215,000 215,000
12,000 12,000 12,000
5,500 5,500 5,500
9,000 9,000 9,000
Pos. No.
Position Title
Director
Code Officer IIIZonin~ ..~eview
Code Officer
Executive Assistant/Planning Technician
3202-3205
3601
Customer Service Rep I
Customer Service II
1
Total
3
24
Salaries
72,491 $
3,000 ~~M~~
5,5461
10,149!
24,214.
77 ,279 L~$
3,000:
,"~~,w..._.,w,w
5,912'
10,819!
25,236
2,829
82,384
3,000
6,302
.^.^.^..~.~^.~~-~~~""~~
11,534:
26,709
3,016
Ove rtim e
FICA
Pension
Health, Life & Disability
2401
3101
3190
25
1000/2999
3000/3999
Personal Services
Contractual Services
Othe r Cha r.QEts & Se rvices
Commodities
Other Operating Expenses
$
$
102,496
110,323
82,742
2,109
79,~60 j
2,028 ~
Pos. No.
Position Title
5001 Director of
3004 Executive Assistant
5101 Public Works.9p~rations Manager
5201 Parks and Recreation Services
5901 .. .. J~.!_creation/Cultural Activities
5401 iMaintenance Worker *
^-..-'-V--^----^V--V"-'---'---r~-.~v."-.-.""n'"
;5301 !Engineer Tech/CAD Operator
" "w"u_.'~._1"_-~'='<""_"'"''-.'''''
:...5!~~._....... .!!'.~r~l)upe~visor
i5701-5710 ark Attendant (PIT)
5801 Park Attendant
7701 Facilities
7201
5901
Services
1
1
1
1
11
3
1
1
~af(t1lnfo Officer
Parks and Recreation Activites Ma
14
11
2
3
1
1
Full Time
Total Part time
*Funded from Transportation Fund
,,_______"^~_~._______,~ "n __"'......w._~_________^
26
1201
1401
2101
2201
2301
:2401
3150
3452
5101
5120
5240
[5290
BUDGETARY ACCOUNT SUMMARY
PERSONAL SERVICES
Empl())'ee Salaries
Ove rtim e
$
FICA
_.^_.~_."~~~.~~~~~~..^
'Pension
w"" ._.~m',~wd... .
.. ~~~':'ealt~~~ Life.lf.l)isability
Utilities-8ectric
Utilities-Water
R&M-
R&M-
R&M-Parks
&
Eve nts
i COM MODlTIES
."."""""""..""~^~.~=".,,,.",,..,.,
] Office Supplies
Com pute r ()p! rCl!ingS~l!.pplies
27
OTHER CHARGES & SERVICES
4101
4201
4440
Communication Services
Post~ge
Machine Costs
$
52,000 $
3,120 . $
2,080 . $
226,600 $
^ ~,",,,,,,,,,wW"W.ww^ www~~www
1,040 . $
54,080
3,245
2,163
233,398
1,082
Insurance
COMMODITIES
5290
5901
28
Police Department
Vehicles
15
24,000 .
5,500.
3,400.
1
Vehicle Equipment
.'.- .---...........'.' ...."", """",."... '..~'
Radio
Modem
Comm
Vehicles
29
Annexation Study
310000/31~~~1LocaUy Levied Taxes
320000/32999lLicenses & Permits
~~^~.~".,,' ..~ ^....~~W,,"W
.~3.0000/33~~.~! IIl!e~gove rnme nta IRe v.
.~~~00()/~~~~9! c:~a rg e s fo r S e rv ice s
350000/35999! Fines & Forte itures
360000/36999! M is c. Rev en ue s
~ ~~~.,.
380000/38999! T ra ns fe r fro m Fund s
399900/39999lFund Balance
o
o
o
o
394,006
o
o
o
o
371,389
o
o
o
Personal Services
Contractual Services
()ther ChargeslSvcs
Commodities
Other Operatin
47,668
153,045
. -~~~~~.
43,293.
o
o
30
, '
13351200
; 3~~5.~~~~~~
,3353010
'3383801
I.'''T~~.,.'~"_'_~__=T=.=_~..=~__==_,_,
Intergovernmental Revenues
State Revenue Sharing
local Option Cap. Impr. Gas Tax
local Option Gas Tax
County Transit System Surtax
RCA
2201 Pension
2301 ;~.alt.~,~ife. 8.~l;ability
2401 ;\l\fc:lr~er's_c;_c:l.r!'.'p!nsation
3110 Prof. Services -
Transit Service
Beautification/Sig nage
landslTree Maint. Svcs-Streets
31
:31~~001~19~9~~~c:'!.I~ly L!"ied Taxes
:320000/32999~Licenses & Permits
j-,---~"~",-~~.",';,~..,.,,.".~",.=~,
1~~~~.ll~/3~99~~llltergov!rnmental Rev.
!~~~~~~1~9~~~~~'!.r{Je~~!~~ Se rvice s
I~~~~~~~/~~~~~~t~ill!~ &~~rfe itures
1360000/36999~~l\IIisc. Revenues
380000/38999nransfer from Funds
~-" "^.~ ,'.,.~ --,
:399900/39999 Fund Balance
$
$
$
301,931
32
, ,
Stormwater Utilitv Fees - A Stormwater fee of $3.35 IERU is proposed to
fund the required drainage improvements. The following represents the
computation of the revenues derived from Stormwater Utility Fees:
Customer Data:
Projected No. of Billable ERUs
Monthly Rate Per ERU
7743
3.35
Revenues:
Gross Stormwater Utility Billings
Less: Uncollectibles
Yields: Net Stormwater Revenue~
311,269
9,338
301,931
33
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM
City Manager
BY: Joanne Carr, AICP
Planning Director
DATE: December 6, 2007
REVISED: March 13, 2008
SUBJECT: Establishment of a Transportation Mitigation Impact Fee and Schedule of
Fees for Development Activity to support mobility within the City of Aventura
(01-IFS-07)
January 8, 2008 Local Planning Agency Agenda Item 4C
1st Reading January 8,2008 City Commission Meeting Agenda Item 7C
2nd Reading April 8, 2008 City Commission Meeting Agenda Item _
RECOMMENDATION
It is recommended that the City Commission adopt an ordinance to establish a
Transportation Mitigation Impact Fee and schedule of fees for Development Activity to
support mobility within the City.
THE REQUEST
City staff is requesting adoption of an ordinance to establish a Transportation Mitigation
Impact Fee and schedule of fees for Development Activity to support mobility within the
City.
BACKGROUND
Sections 163.3177 and 163.3180 of the Florida Statutes enact transportation concurrency,
which provides that public facilities and services needed to support development shall be
available concurrent with the impacts of development. The legislature recognized,
however, that there are areas where construction of new or expanded roadways is not
possible. This is particularly true of Aventura; the City is a compact, high density, regional
destination community nearing build-out that lacks parallel roadway facilities to provide
relief to heavily congested and constrained corridors. The legislature therefore made
provision for exceptions to transportation concurrency called Transportation Concurrency
Exception Areas. In these exception areas, the development may not be required to
demonstrate compliance with Level of Service Standards for roads if the development is
otherwise consistent with the Comprehensive Plan, is a project that promotes public
transportation or is within an area designated for urban infill development and the local
government has adopted into its Comprehensive Plan strategies to support and fund
mobility within the exception area.
The City of Aventura was designated as a Transportation Concurrency Exception Area
through adoption of its Comprehensive Plan in December of 1998. The City has adopted
into its Comprehensive Plan strategies to support and fund mobility.
Policy 1.12 of Objective 1 of the Transportation Element in our Comprehensive Plan states
that, by 2007 or at the earliest feasible date, the City will develop impact fees and other
methods by which developers can mitigate impacts to our transportation system by
contributing funds for alternative modes of transportation, particularly the expansion,
operation and maintenance of our Aventura Express bus service. (2005 EAR based
amendments approved January 9,2007)
Since approval of the EAR based amendments, City staff has been working with Dr.
James Nicholas, the consultant selected to prepare a Transit Impact Fee Study to satisfy
the comprehensive plan policy. Dr. Nicholas has extensive experience with impact fees
and impact fee studies. The Impact Fee Study entitled "A Program of Transportation
Mitigation" dated August 15, 2007 was attached to the staff report dated December 6,
2007.
The Transportation Mitigation Study found that the City of Aventura can accommodate the
mobility needs of new development by the expansion of the Aventura Express service with
the payment of a transportation mitigation impact fee and recommends that the City adopt
such a fee to support mobility in the City through the use of mass transit. The following
table of fees was recommended, according to type of use:
TRANSPORTATION MITIGATION PER UNIT
CITY OF AVENTURA
Land Use (Unit of Measure) Persons Cost per Unit of
per Unit of Measure
Measure
Residential (per Dwelling Unit) 0.972 $1,320.70
Office (per 1,000 FP) 1.557 $2,115.94
Retail (per 1,000 FP) 2.203 $2,993.95
Industrial (per 1,000 FT2) 1.324 $1,799.30
Institutional & Other (per 1,000 FT2) 2.396 $3,255.14
2
The ordinance was approved on first reading by the City Commission on January 8, 2008.
At that meeting, one member of the public representing the Builders' Association
expressed concerns with the purpose of the proposed fee. Following the January 8, 2008
public hearing, staff held a meeting with interested parties to further discuss the concerns.
The consultant has revised the study in response to discussion at the interested parties'
meeting. He has updated the data to be consistent with the 2007 tax rolls, has added a
new Tourist Accommodation land use category, has increased the discount rate in
response to increasing interest rates and has made a 15% reduction in the calculated
amounts to provide a conservative fee. The revised Transportation Mitigation Study dated
March 13, 2008 is attached. The revised table of fees is recommended as follows:
TRANSPORTATION MITIGATION FEE PER UNIT
CITY OF AVENTURA
Land Use (Unit of Measure) Persons per Revised Cost per Revised Cost per Unit of
Unit of Measure Unit of Measure Measure + 15% Reduction
Residence per Dwelling 0.972 $944.76 $803.05
Office per 1,000 FP 1.557 $1,513.63 $1,286.59
Retail per 1,000 FP 2.175 $2,114.50 $1,797.33
Tourist Accommodation per 1,000 FP 2.720 $2,643.79 $2,247.22
Industrial per 1,000 FP 1.319 $1,281.59 $1,089.35
Institutional per 1,000 FT2 2.312 $2,247.17 $1,910.09
The new Tourist Accommodation category has been added. This use is separated from
the retail category because a hotel use may generate more riders of the Aventura Express
service than retail, since many vacationers do not bring their personal vehicles.
Due to the current economic slowdown and to allow developers in our City to plan for this
new impact fee, staff is recommending that the effective date of the new transportation
mitigation impact fee be January 1, 2009.
The City expects to continue to fund its existing service for the Aventura Express, with 51 %
of the cost continuing to be borne by the County and the rest by the City. As sufficient funds
are collected, the proceeds of the fee will be used to fund expansion of service, including
additional buses, increased hours of operation and more frequent headways. The
ordinance provides for exemptions from the fee for alterations, expansion or replacement of
existing buildings where the use is not changed and the number of dwelling units or square
footage is not increased. Government and public facilities used for governmental purposes
are exempt from the fee including Federal, State, County, City, School Board and Waste
Management facilities. All funds collected will be accounted for in the Transportation and
Street Maintenance Fund. There is a provision for refund of certain fee revenues in the
event that the City discontinues its provision of transit services.
3
ANAL YSIS
The establishment of impact fees is governed by Section 163.31801 of the Florida
Statutes. The attached ordinance has been drafted to comply with the provisions of that
Section, and the case law governing impact fees in the state of Florida. The calculation of
the impact fee is based on the most recent and localized data, provision is made for
accounting and reporting of impact fee collections and expenditures through the
Transportation and Street Maintenance Fund and published notice will be provided no less
than 90 days before the effective date of the ordinance.
4
ORDINANCE NO. 2008-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING CHAPTER 2, "ADMINISTRATION", ARTICLE
IV "FINANCE", DIVISION 5 "IMPACT FEES", TO CREATE
SECTION 2-302 "TRANSPORTATION MITIGATION
IMPACT FEE"; ESTABLISHING A TRANSPORTATION
MITIGATION IMPACT FEE AND SCHEDULE FOR
MITIGATION OF TRANSPORTATION IMPACTS BY NEW
DEVELOPMENT; PROVIDING FOR TRANSPORTATION
MITIGATION IMPACT FEE COMPUTATION FORMULA;
PROVIDING FOR EXEMPTIONS; PROVIDING FOR
IMPACT FEE EXPENDITURES; PROVIDING FOR
ESTABLISHMENT OF A TRANSPORTATION MITIGATION
IMPACT FEE FUND; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 163.31801, Florida Statutes, entitled the "Florida
Impact Fee Act", the Florida Legislature found that impact fees are an important source
of revenue for a local government to use in funding the infrastructure necessitated by new
growth; and
WHEREAS, pursuant to Section 163.3177, Florida Statutes, the Legislature
enacted a transportation concurrency law which provides that public transportation
facilities and services needed to support development shall be available concurrent with
the impacts of development; and
WHEREAS, the Legislature recognized that there are areas where construction of
new or expanded roadways is not possible; and
WHEREAS, pursuant to Section 163.3180, Florida Statutes, local governments
may exempt an area from transportation concurrency (a "Transportation Concurrency
Exception Area") if the proposed development is 1) otherwise consistent with the local
Comprehensive Plan, 2) a project that promotes public transportation or is within an area
designated for urban infill development; and 3) the local government has adopted into its
Comprehensive Plan strategies to support and fund mobility within the designated
exception area; and
WHEREAS, the City of Aventura (the "City") was designated as a Transportation
Concurrency Exception Area when it adopted the City of Aventura Comprehensive Plan
in December of 1998; and
WHEREAS, the City of Aventura is in the unique position of a compact, hiqh
density. reqional destination community nearinq buildout that lacks parallel roadway
facilities to provide relief to heavily conqested and constrained corridors; and 1
WHEREAS, the City adopted strategies in the City of Aventura Comprehensive
Plan to support and fund mobility within the designated exception area, including impact
fees and other methods which developers can use to mitigate impacts to the
transportation system by contributing funds for alternative modes of transportation that
promote mobility, particularly, the expansion, operation and maintenance of the City's
Circulator System, also known as the "Aventura Express" or as it may be renamed in the
future or any similar future transit system operated by the City, (the "Circulator System")
as further described in a study entitled "A Program of Transportation Mitigation" prepared
for the City of Aventura by James C. Nicholas, PhD, dated August 15, 2007, and revised
March 13. 2008 (the "Transportation Mitigation Study"); and
WHEREAS, the City included an impact fee analysis in the Transportation
Mitigation Study to determine if an impact fee could be used to fund the expansion,
operation and maintenance of the City's Circulator System; and
WHEREAS the Transportation Mitigation Study finds that the City of Aventura can
accommodate the mobility needs of new development by expansion of the Circulator
System with the payment of a transportation mitigation impact fee, and recommends that
the City adopt such a fee to support mobility through the use of mass transit within the
City and the City's policy of transportation concurrency exception; and
WHEREAS, 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, acting in its capacity as the Local Planning
Agency has reviewed this ordinance to adopt a transportation mitigation impact fee
1 Underline and strike throuQh represents proposed chanQes from first readinQ.
2
during a required public hearing and has recommended approval to the City
Commission; and
WHEREAS, the City Commission has held duly noticed public hearings on this
transportation mitigation impact fee ordinance recommended by the City Commission,
acting in its capacity as the Local Planning Agency; and
WHEREAS, the City Commission has reviewed this Ordinance and has
determined that such action is consistent with the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals. That the above recitals are true and correct and are
incorporated herein by this reference.
Section 2. City Code Amended. That the City Code of the City of
Aventura is hereby amended by amending Chapter 2 "Administration"; Article IV
"Finance"; Division 5 "Impact Fees"; by creating Section 2-302 "Transportation
Mitigation Impact Fee" to read as follows:
"Sec. 2-302. Transportation Mitigation Impact Fee.
(a) Impact Fee; In General.
1. This Section is intended to support and fund mobility within the City's
Transportation Concurrency Exception Area by collecting a transportation
mitigation impact fee (the "Transportation Mitigation Impact Fee") to allow the
expansion, operation and maintenance of the City's Circulator System, also
known as the Aventura Express, or as it may be renamed in the future or any
similar future transit system (the "Circulator Svstem").
2. In construing the provisions of Section 2-302, the pertinent definitions
contained in Section 2-301 (b) shall apply unless otherwise provided.
3
3. Any application for a Building Permit for Development Activity, as defined in
Section 2-301 (b), within the corporate limits of the City shall be subject to the
assessment of a Transportation Mitigation Impact Fee in the manner and amount
set forth in this Section. No Building Permit shall be issued by the City until the
applicant has paid the assessed Transportation Mitigation Impact Fee as
calculated pursuant to this Section.
4. Notwithstanding payment of the Transportation Mitigation Impact Fees
pursuant to this Section, other state and local regulations may limit the issuance
of a Building Permit.
5. In the event Transportation Mitigation Impact Fees are paid prior to or
concurrent with the issuance of a Building Permit and subsequently, the Building
Permit is amended, the applicant shall pay the Transportation Mitigation Impact
Fee in effect at the time the amended Building Permit is issued with credit being
given for the previous fee paid.
6. In the case of Development Activitv involvinQ a change of use, redevelopment
or expansion or modification of an existing use on site which requires issuance of
a Building Permit, the Transportation Mitigation Impact Fee shall be based on
the net increase in the Transportation Mitigation Impact Fee for the new use as
compared with the use in effect on the effective date of this Section.
7. If a Building Permit is cancelled without development commencing, then the
applicant who paid the Transportation Mitigation Impact Fee shall be entitled to a
refund, without interest, of the Transportation Mitigation Impact Fee paid except
that the City shall retain three percent (3%) of the fee to offset a portion of the
costs of collection and refund. The applicant who paid the Transportation
Mitigation Impact Fee shall submit an application for such a refund to the City
Manager or his designee within thirty (30) days of the expiration of the order or
permit, or thereafter be deemed to waive any right to a refund.
8. In the event the Circulator System is discontinued by action of the City
Commission, or if the City fails to use or encumber any existing funds by the end
4
of the calendar quarter immediately following ten (10) years from the effective
date of this Section, upon application of the then current fee simple title holder,
funds may be returned to such title holder, without interest, provided that the title
holder submits an application for a refund to the City Manager or his designee
within one hundred and eighty (180) days of the expiration of the ten (10) year
period. However, this section shall not apply to Development of Regional Impact
or any development with phased or long term buildout. Any claim not so timely
made shall be deemed waived.
9. Funds shall be deemed expended for the purposes of this Section when a
contract, agreement or purchase order encumbering all or a portion of the
payment of said funds shall be approved by final City action.
(b) Impact Fee Computation Formula.
1. The applicant shall pay a Transportation Mitigation Impact Fee amount based
on the formula set forth in the table below or as it may be amended by Ordinance
of the City Commission. The fee shall be collected by the Community
Development Department prior to issuance of a Building Permit for Development
Activity. Such fee will be based on the cost required to serve the increased
demand for use of the Circulator System resulting from the proposed new
Development Activity. The formula to be used to calculate the Transportation
Mitigation Impact Fee is established as follows for each property use:
Persons Fee per Unit of
Land Use (Unit of Measure) per Unit of Measure
Measure
Residence per DwellinQ 0.972 $803.05
Office per 1,000 FP 1.557 $1,286.59
Retail per 1,000 FP 2.175 $1,797.33
Tourist Accommodation per 1,000 FP 2.720 $2,247.22
Industrial per 1,000 FT2 1.319 $1,089.35
Institutional per 1,000 FP 2.312 $1,910.09
5
2. The fee per Residential Dwelling Unit or fee per thousand nonresidential
square feet shall be multiplied by the applicant's total number of dwelling units for
residential property or total number of thousands of square feet for nonresidential
property. The total will then be multiplied by 1.03 for a general administrative
charge of three (3%) percent. The resulting total is the Transportation Mitigation
Impact Fee and administrative charge, which amount shall be paid by the
applicant.
3. In the case of Development Activity involving a change of use or magnitude of
use for which a Building Permit is required, the proposed development shall be
required to pay a Transportation Mitigation Impact Fee only for the increase in use
of the Circulator System resulting from new Development Activity. The
Transportation Mitigation Impact Fee shall be the difference between the
computed Transportation Mitigation Impact Fee for the proposed Development
Activity and the computed Transportation Mitigation Impact Fee for the existing
Development Activity. Any Building Permit which expires or is revoked after the
effective date of this Section and for which a fee has not previously been paid
under this Section shall be required to comply with the provisions herein. No
refunds will be given for proposed development activity resulting in a negative fee
calculation.
4. If the type of activity within a proposed or current development is not specified,
the City Manager or his designee shall use the activity most nearly comparable
that will result in payment of a fair and equitable Transportation Mitigation Impact
Fee.
5. In determining existing Development Activity and the units or thousands of
square feet of proposed or existing development, the Community Development
Department shall use the Building Permit and the Certificate of Use information
contained in the building or zoning records of Miami-Dade County or the City.
6
(c) Impact Fee Exemptions.
1. Alteration, expansion or replacement of an existing building or residential
dwelling unit where the use is not changed and the number of residential dwelling
units or square footage is not increased shall not be subject to the Transportation
Mitigation Impact Fee.
2. The burden of demonstrating the prevIous use or previous payment of a
Transportation Mitigation Impact Fee shall be upon the applicant. In cases where
there is an ~xisting use, any additional fees shall be based upon the alteration
and/or addition to the existing use.
3. Government or public facilities used for governmental purposes are exempt
from the Transportation Mitigation Impact Fee, including those parcels, grounds,
buildings or structures owned by the federal government, State of Florida, Miami-
Dade County, the City, the Miami-Dade County Public Schools or the South
Florida Water Management District, including, but not limited to, governmental
offices, police and fire stations, airports, seaports, parking facilities, equipment
yards, sanitation facilities, water control structures, schools, parks and similar
facilities in or through which general government operations are conducted. It is
provided, however, that the following shall not be considered governmental or
public facilities and shall be subject to the provision of this Section: (1) privately
owned properties or facilities leased for governmental operations or activities and
privately owned charter schools; (2) public properties or facilities used for private
residential, commercial or industrial activities.
4. The construction of accessory buildings or structures is exempt where 1) the
use is not changed, 2) any additional impact on the Circulator System is negligible;
and 3) the number of residential dwelling units or square footage is not increased.
5. A building replacement meeting the requirements of the Florida Building Code,
(where such replacement is necessitated by partial destruction) and meeting the
requirements of the City's Land Development Regulations, is exempt.
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6. Parking garages are exempt from the Transportation Mitigation Impact Fee
when the structure is accessory to a primary use.
7. An exemption must be claimed by the applicant prior to paying the
Transportation Mitigation Impact Fee. Any exemption not so claimed prior to
payment shall be deemed to have been waived by the applicant.
(d) Impact Fee Expenditures.
1. Expenditures from the Impact Fee shall include, but not be limited to:
a) All costs related to expansion of the Circulator System;
b) All costs related to operation of the Circulator System; and
c) All costs related to maintenance of the Circulator System.
2. The three (3%) percent general administrative cost portion of the
Transportation Mitigation Impact Fee, as provided in herein, shall be deposited into
the General Fund and shall be used to offset the costs of administering the
Transportation Mitigation Impact Fee.
(e) Establishment of Fund. Transportation Mitigation Impact Fees collected
pursuant to this Section shall be accounted for in the Transportation and Street
Maintenance Fund established by the City."
Section 3. Inclusion in the Code. That it is the intention of the City Commission
and it is hereby ordained that the provisions of this Ordinance shall become and made a
part of the City of Aventura Code of Ordinances; 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 as needed.
Section 4. Severability. 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 be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
8
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 5. Effective Date. That following adoption on second reading, this
ordinance shall be effective from and after the first day of January. 2009. provided that
publication of a notice that this ordinance has been adopted and providinq the effective
date of this ordinance has been made no later than ninety (90) days prior to the
effective date. except that the provisions of this ordinance which require the publication
of said notice shall be effective immediately upon adoption on second reading.
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 Zev Auerbach
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Teri Holzberg
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond
Mayor Susan Gottlieb
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 Zev Auerbach
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Teri Holzberg
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond
Mayor Susan Gottlieb
9
PASSED on first reading on this 8th day of January, 2008.
PASSED AND ADOPTED on this 8th day of April, 2008.
Susan Gottlieb, Mayor
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
10
~
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
DATE: March 5, 2008
FROM: Eric M. Soroka, ICMA-CM, City
SUBJECT: Recommendation to Address Florida Class Size Mandate Legislation
RECOMMENDATION
It is recommended that the City Commission adopt the Action Plan outlined in this report
which provides for the construction of ten (10) additional classrooms at the Aventura
City of Excellence School (School) to be available for the 2009/10 school year to
address the Florida Class Size Mandate Legislation.
BACKGROUND
Section 1 of Article IX of the State Constitution was amended in November 2002
establishing, by the beginning of the 2010-2011 school year, the maximum number of
students in core-curricula courses assigned to a teacher in each of the following three
grade groupings: (1) Prekindergarten through grade 3, 18 students; (2) grades 4
through 8, 22 students; and (3) grades 9 through 12, 25 students. The law has allowed
a phasing in of the limits, first by measuring classes by a districtwide average and
currently on a per-school average. Limits on individual classrooms will take effect in the
2010-2011 school year.
The following is an overview of the current class sizes at the School as compared to the
required class sizes as outlined in the State Constitution:
Grade K 1 2 3 4 5 6 7 8
Current Class Size
Current Class Size 20 25 25 25 25 25 25 25 25
Classes 5 4 4 4 4 4 4 4 4
Total students 100 100 100 100 100 100 100 100 100
Total
900
Required Class Size -No Additional Classrooms
Required Class Size 18 18 18 18 22 22 22 22 22
Classes 5 4 4 4 4 4 5 5 5
Totalstudents~Jl~~7~a~U:~~!l.1l~8~
Additional teachers I 0 0 0 0 0 0 1 1 0 2
Loss of students 1 11
Loss of Fundingt{ll),~)","-.J (168,oool...IMs;o.oO)...... $ {168,OOl)1.....L(7:!,OOOI.,...J(72;OOOL..J $ . - .$!1.!!!~1
In order to comply with the class size requirements without constructing additional
classrooms, the Schools total enrollment would have to be reduced by one hundred and
eighteen students (118) with a loss of $708,000 in funding as well.
In order to comply with the class size requirements the following plan is recommended
and outlined on the chart below:
. Construct ten (10) new classrooms for 2009/10 school year. In order to minimize
the impact of construction on the School, it is proposed four classrooms will be
built adjacent to the Elementary Wing and six adjacent to the Middle School Wing
at a cost of $1.3 million.
. Hire eleven (11) new teachers for 2009/10 school year.
. Beginning in the 2009/10 school year, expand the total number students by eight
(8) per grade for a total of seventy two (72). This will generate approximately
$432,000 in funding to assist in offsetting the costs associated with hiring
additional teachers.
Grade K 2 3 4 5 6 7 8 Total
Required Class Size. Additional Classrooms
Required Class Size 18 22 22 22
Proposed Class Size 18 21.6 21.6 21.6
Classes 6 5 5 5
Additional Classrooms 1 1
Total students
Additional teachers
Additional students
Additional Funding $48,000 .
ACTION PLAN
It is recommended that the following Action Plan be adopted by the City Commission in
order to address the Florida Class Size Mandate requirements:
1. Authorize City Manager to issue a letter to the Miami Dade County School Board
requesting approval to increase the total number students by eight (8) per grade
for a total of seventy two (72) beginning in the 2009/10 school year. A decision
on the request should be made by June 2008.
2. Authorize City Manager to obtain a construction manager in accordance with the
City's purchasing procedures to build the ten (10) new classrooms for 2009/10
school year classrooms. Construction should commence by August 2008.
If you have any questions, please feel free to contact me.
EMS/