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10-07-2008 City Commission Susan Gottlieb, Mayor A'"!be City of ~ventura ~ City M;malfCT Eric M. Soroka, ICMA-CM Zev Auerbach Bob Diamond T eri Holzberg Billy Joel Michael Stem Luz Urbiez Weinberg City Clerk Teresa M. Soroka, MMC City Attornev Weiss Serota Helfman Pastoriza Cole & Boniske AGENDA OCTOB~!mI~n~~ge~ 6 PM 19200 West Country Club Drive A ventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions/Emergency Additions 4. ELECTION OF VICE MAYOR 5. SPECIAL PRESENTATIONS: Presentation of Key to City to Michael Putney 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: September 8, 2008 1 st Budget Public Hearing September 9, 2008 Commission Meeting September 18, 2008 Workshop Meeting September 24, 2008 2nd Budget Public Hearing B. 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. C. MOTION TO APPROVE PRESENTATION OF KEY TO THE CITY TO MICHAEL PUTNEY October 7, 2008 ('.nmmiMim Meetiag D. MOTION AUTHORIZING THE APPROPRIATION OF UP TO $25,000 FOR THE PURCHASE OF 11 AED'S AND RELATED EQUIPMENT FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, PROVIDING FOR THE REAPPOINTMENT BY THE COMMISSION OF MEMBERS TO THE BOARD OF TRUSTEES OF THE POLICE OFFICERS' RETIREMENT PLAN; AND PROVIDING AN EFFECTIVE DATE. 7. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items, please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staffhave 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 be given its due weight. 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. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-143(f)(4) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT THE INSTALLATION OF AN ABOVEGROUND FUEL STORAGE TANK IN THE RMF4, MULTIFAMILY HIGH DENSITY RESIDENTIAL DISTRICT; GRANTING VARIANCE FROM SECTION 31-143(f)(4)a. OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT A 2,000 GALLON CAPACITY ABOVEGROUND FUEL STORAGE TANK, WHERE A MAXIMUM 550 GALLON CAPACITY ABOVEGROUND FUEL STORAGE TANK IS PERMITTED BY CODE FOR PROPERTY LOCATED AT 3801 NE 207 STREET, CITY OF A VENTURA, FLORIDA; PROVIDING AN EFFECTIVE DATE. 8. ORDINANCES: FIRST READING - PUBLIC INPUT: A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, CREATING DIVISION 5 "ARTS AND CULTURAL CENTER ADVISORY BOARD" OF ARTICLE III "ADVISORY BOARDS" OF CHAPTER 2 "ADMINISTRATION" OF THE CITY CODE BY CREATING SECTION 2-191 "CREATION, COMPOSITION AND QUALIFICATIONS," SECTION 2-192"APPOINTMENT OF BOARD MEMBERS PROCESS", SECTION 2-193 "ADVISORY CAPACITY", SECTION 2-194 "RULES OF PROCEDURE; QUORUM", SECTION 2-195 "MISSION; JURISDICTION AND DUTIES"; AND SECTION 2-196 "STANDARDS OF CONDUCT 2 October 7, 2008 Owmniw Meeting FOR MEMBERS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 2 "ADMINISTRATION" ARTICLE III "ADVISORY BOARDS", DIVISION 2 "COMMUNITY SERVICES ADVISORY BOARD" AT PARAGRAPH (C) OF SECTION 2-121 TO PROVIDE THAT MEMBERS HAVING TWO OR MORE UNEXCUSED ABSENCES IN A CALENDAR YEAR MAY BE SUBJECT TO REMOVAL; AND AMENDING SECTION 2-125 "JURISDICTION" TO REVISE THE JURISDICTION OF THE BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. 9. ORDINANCES: SECOND READINGIPUBLIC HEARING: None. 10. RESOLUTIONS - PUBLIC HEARING: None. 11. REPORTS 12. PUBLIC COMMENTS 13. OTHER BUSINESS: DISCUSSION AND POSSIBLE ACTION REGARDING PROPOSED SPECIAL ELECTION ON UNIFORM COUNTYWIDE SYSTEM OF FIRE PROTECTION 14. ADJOURNMENT SCHEDULE OF FUTURE MEETINGSIEVENTS COMMISSION WORKSHOP OCTOBER 21, 2008 9 A.M. EX. CONFERENCE ROOM COMMISSION MEETING NOVEMBER 6, 2008 6 P.M. COMMISSION CHAMBER 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 Aventura 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. 3 'The c~ of AVentura fa. ,..,..,.,..,'"/ MINUTES CITY COMMISSION MEETING SEPTEMBER 8, 2008 6 P.M. 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 Susan Gottlieb. Present were Commissioners Bob Diamond, Teri Holzberg, Billy Joel, Luz Urbaez Weinberg, Michael Stern, Vice Mayor Zev Auerbach, Mayor Gottlieb, City Manager Eric M. Soroka and City Clerk Teresa M. Soroka. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE. 3. PUBLIC HEARINGS: ORDINANCES: FIRST READING/PUBLIC INPUT - 2008/2009 BUDGET A. Mrs. Soroka read the following ordinance by title: AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, ESTABLISHING AND ADOPTING THE CITY OF A VENTURA AD VALOREM TAX OPERATING MILLAGE LEVY RATE AT 1.7261 MILS PER THOUSAND DOLLARS OF TAXABLE ASSESSED PROPERTY VALUE, WHICH IS 5.54% BELOW THE ROLLED BACK RATE COMPUTED PURSUANT TO STATE LAW, FOR THE 2008 TAX YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Joel and seconded by Vice Mayor Auerbach. Mayor Gottlieb opened the public hearing. The following individual addressed the Commission: Frank Wascur, 3000 NE 188th Street. There being no further speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote. Mrs. Soroka announced that the second budget public hearing is scheduled for September 24,2008 at 6 p.m. B. Mrs. Soroka read the following ordinance by title: AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, ADOPTING THE ATTACHED TENTATIVE OPERATING AND CAPITAL BUDGET, AS REVIEWED AND APPROVED BY CITY COMMISSION AT THE REVIEW MEETING HELD ON JULY 17, 2008, AS THE CITY OF AVENTURA FINAL BUDGET FOR THE 2008/2009 FISCAL YEAR, PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR PROCEDURES REGARDING ENCUMBRANCES AND THE RE- APPROPRIATION OF UNEXPENDED CAPITAL APPROPRIATIONS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Weinberg and seconded by Commissioner Stern. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote. 4. 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 6:07 p.m. Teresa M. Soroka, MMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 2 A~ -8 '.,,,,,:;.t MINUTES CITY COMMISSION MEETING SEPTEMBER 9,20086 P.M. 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 Susan Gottlieb. Present were Commissioners Bob Diamond, Teri Holzberg, Billy Joel, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Zev Auerbach, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Led by former Commissioner Harry Holzberg. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENT A TIONS: Certificates of Appreciation were presented by the City Manager to ten-year employees Elricco Barnes, Glenn Kitchen (not present), Antonio Tomei, Andrew Smith and Thomas Labombarda. 5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Commissioner Joel, seconded by Commissioner Holzberg, passed unanimously and the following action was taken: A. The following minutes were approved: July 1, 2008 Commission Meeting July 17, 2008 Commission Meeting July 17, 2008 Workshop Meeting B. Resolution No. 2008-35 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 08-07-14-2, MISCELLANEOUS ROADWAY AND TRAFFIC IMPROVEMENTS, TO WILLIAMS PAVING COMPANY, INC. AT THE BID PRICE OF $144,145.53; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. C. Resolution No. 2008-36 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN SOUTH FLORIDA MONEY LAUNDERING STRIKE FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. D. Resolution No. 2008-37 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SELECTING THE FIRM OF KAUFMAN LYNN GENERAL CONTRACTORS/PGAL TO PERFORM DESIGN AND BUILD SERVICES RELATIVE TO RFQ #08-07-18-2 CLASSROOM ADDITIONS FOR AVENTURA CITY OF EXCELLENCE SCHOOL; 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. E. The following motion was approved: MOTION TO ACCEPT FOR FILING THE SPECIAL PURPOSE FINANCIAL REPORT FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR THE FISCAL YEAR ENDED JUNE 30, 2008 AND TO ACCEPT FOR FILING THAT LETTER DATED SEPTEMBER 2, 2008 ATTACHED HERETO AS ATTACHMENT 1." F. Resolution No. 2008-38 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED CHANGE ORDER EXHIBIT I FOR BID NO. 07-02-26-2 FOR VETERAN'S PARK MODIFICATIONS CONSTRUCTION BY AND BETWEEN THE CITY AND LINK CONSTRUCTION GROUP, INC.; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. G. The following motion was approved: 2 ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE A VENTURA CITY OF EXCELLENCE SCHOOL MOTION TO ACCEPT A VENTURA CITY OF EXCELLENCE SCHOOL OUT -OF-FIELD WAIVERS AS OUTLINED IN THE CITY MANAGER'S MEMORANDUM DATED SEPTEMBER 4, 2008. 6. ZONING HEARINGS: Ex-parte communications by Commissioners, if any, were disclosed and filed with the City Clerk in accordance with City Code Section 34. All witnesses giving testimony in these hearings were sworn in by the City Clerk. Mr. Wolpin read the quasi-judicial proceedings and the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 31- 147(a)(3) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A 0 FOOT FRONT YARD SETBACK, WHERE A MINIMUM 25 FOOT FRONT YARD SETBACK IS REQUIRED BY CODE; AND GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-233(c)(4) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A 17.42 FOOT WIDE VIEW CORRIDOR TO THE WATER, WHERE A MINIMUM 32.69 FOOT WIDE VIEW CORRIDOR IS REQUIRED BY CODE FOR THE CITY OF AVENTURA ARTS & CULTURAL CENTER PROPERTY LOCATED AT 3385 NE 188 STREET, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Stern and seconded by Commissioner Diamond. Planning Director Joanne Carr addressed the Commission and entered the staff report into the record. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Resolution No. 2008-39 was adopted. 7. ORDINANCES: FIRST READING/PUBLIC INPUT: Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING CHAPTER 2 ENTITLED "ADMINISTRATION", BY AMENDING ARTICLE II "DEPARTMENTS", SECTION 2-61 "CREATED" TO PROVIDE FOR INCLUSION OF THE ARTS & CULTURAL CENTER AS A DEPARTMENT OF GOVERNMENT WITHIN THE CITY AND TO CHANGE THE TITLE OF THE FINANCE AND SUPPORT SERVICES DEPARTMENT TO FINANCE DEPARTMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. 3 A motion for approval was offered by Commissioner Holzberg and seconded by Commissioner Joel. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote. 8. ORDINANCES: SECOND READING/PUBLIC HEARING: None. 9. RESOLUTIONS - PUBLIC HEARING: None. 10. REPORTS: As presented. 11. PUBLIC COMMENTS: Bob Burroughs. 12. OTHER BUSINESS: None. 13. 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 6:40 p.m. Teresa M. Soroka, MMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and. for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 4 A~ - MINUTES CITY COMMISSION WORKSHOP MEETING September 18,2008 Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan Gottlieb at 9:00 a.m. Present were Commissioners Bob Diamond, Teri Holzberg, Billy Joel, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Zev Auerbach, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 1. PROPOSED ORDINANCE TO ESTABLISH ARTS & CULTURAL CENTER ADVISORY BOARD (City Manaoer): Mr. Soroka distributed the proposed ordinance for Commission review and discussion. CITY MANAGER SUMMARY: Consensus to proceed with proposed ordinance and include that the Chair and Vice Chair serve one-year terms and made be re-elected. Ordinance to be addressed on first reading at October meeting. 2. ROAD DESIGNATION BILL (City Manaoer): Mr. Soroka advised the Commission that State Rep. David Rivera filed a bill to rename that portion of W. Country Club Drive between NE 199th and 192nd Streets to Jacobo Cababie Avenue and is requesting action for approval from Miami-Dade County and the City. CITY MANAGER SUMMARY: Consensus to deny this request as it is in conflict with current policy prohibiting naming of streets after individuals. 3. FOUNDERS DAY PROGRAM (City Manaoer): Community Services Director Robert Sherman discussed the proposed program. CITY MANAGER SUMMARY: Consensus to approve. 4. PROPOSAL TO UPDATE THE ROLE OF THE COMMUNITY SERVICES ADVISORY BOARD (City Manaoer): Mr. Soroka recommended that the ordinance establishing this Board be amended to more correctly reflect its current role. CITY MANAGER SUMMARY: Consensus to approve recommended changes and amend the ordinance to reflect that meetings will be scheduled quarterly and members may be removed if they miss two or more meetings per year. 5. IVES DAIRY ROAD INTERCHANGE PROJECT (Vice Mayor Auerbach): Vice Mayor Auerbach reported on the recent FOOT meeting concerning the Ives Dairy Road project. CITY MANAGER SUMMARY: Consensus to consider resolution at October meeting urging that FOOT expedite this project and take action to enhance the flow of traffic eastbound on Ives Dairy Road. 6. PROPOSED SPECIAL ELECTION ON UNIFORM COUNTY-WIDE SYSTEM OF FIRE PROTECTION (Vice Mayor Auerbach): Vice Mayor Auerbach discussed the County's proposal to amend the Home Rule Charter for unified fire services in Miami-Dade County with the exception of five cities. CITY MANAGER SUMMARY: Consensus to invite two representative to discuss both sides of this issue at the October Workshop meeting to determine what, if any, action the City should take. 7. REQUEST TO RESCHEDULE MEETING DATES (Mavor Gottlieb and Commissioner Holzberq): Commissioner Holzberg requested the October Workshop meeting be rescheduled and Mayor Gottlieb requested that the January 2009 Commission meeting be rescheduled. CITY MANAGER SUMMARY: Consensus to reschedule October Workshop Meeting to October 21st, reschedule November Workshop to November 12th, and January 2009 meeting to January 13th. 8. PROPOSED COUNTY-WIDE 2008/09 PROPERTY TAX RATE (Vice Mavor Auerbach): Vice Mayor Auerbach discussed this proposal. CITY MANAGER SUMMARY: Consensus to address letter to County Commissioners that the City Commission is not in favor of any tax increase at this time. 9. REQUEST FOR "KEY TO THE CITY" (Commissioner Diamond): Commissioner Diamond requested that a Key to the City be given to Michael Putney. CITY MANAGER SUMMARY: Consensus to approve. 10. 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 10:40 a.m. Teresa M. Soroka, MMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 2 A~ ~ ci l"1venttlra 8, '..."",,;f' MINUTES CITY COMMISSION MEETING SEPTEMBER 24,20086 P.M. 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 Susan Gottlieb. Present were Commissioners Bob Diamond, Teri Holzberg, Billy Joel, Luz Urbaez Weinberg, Michael Stern, Vice Mayor Zev Auerbach, Mayor Gottlieb, City Manager Eric M. Soroka and City Clerk Teresa M. Soroka. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE 3. PUBLIC HEARINGS: ORDINANCES: SECOND READING: A. Mrs. Soroka read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING AND ADOPTING THE CITY OF AVENTURA AD VALOREM TAX OPERATING MILLAGE LEVY RATE AT 1.7261 MILS PER THOUSAND DOLLARS OF TAXABLE ASSESSED PROPERTY VALUE, WHICH IS 5.54% BELOW THE ROLLED BACK RATE COMPUTED PURSUANT TO STATE LAW, FOR THE 2008 TAX YEAR; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Joel and seconded by Commissioner Holzberg. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2008-14 was enacted. B. Mrs. Soroka read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED TENTATIVE OPERATING AND CAPITAL BUDGET, AS REVIEWED AND APPROVED BY CITY COMMISSION AT THE REVIEW MEETING HELD ON JULY 17, 2008, AS THE CITY OF AVENTURA FINAL BUDGET FOR THE 2008/2009 FISCAL YEAR, PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR PROCEDURES REGARDING ENCUMBRANCES AND THE RE- APPROPRIATION OF UNEXPENDED CAPITAL APPROPRIATIONS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Stern and seconded by Commissioner Weinberg. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2008-15 was enacted. C. Mrs. Soroka read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 2 ENTITLED "ADMINISTRATION", BY AMENDING ARTICLE II "DEPARTMENTS", SECTION 2-61 "CREATED" TO PROVIDE FOR INCLUSION OF THE INFORMATION TECHNOLOGY AND ARTS & CULTURAL CENTER AS DEPARTMENTS OF GOVERNMENT WITHIN THE CITY AND TO CHANGE THE TITLE OF THE FINANCE AND SUPPORT SERVICES DEPARTMENT TO FINANCE DEPARTMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Auerbach and seconded by Commissioner Diamond. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2008-16 was enacted. 4. 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 6:10 p.m. Teresa M. Soroka, MMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 2 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, ICMA-CM, City TO: City Commission DATE: September 15, 2008 SUBJECT: Resolution Declaring Equipment Surplus October 7, 2008 Commission Meeting Agenda Item il RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution declaring certain equipment as surplus to the needs of the City. BACKGROUND Section 2-258 of the City Code of Ordinances provides that any property owned by the City which has become obsolete or which has outlived its usefulness may be disposed of in accordance with procedures established by the City Manager, so long as the property has been declared surplus by a resolution of the City Commission. If you have any questions, please feel free to contact me. EMS/act Attachment CC01627-08 RESOLUTION NO. 2008-_ 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 "A" 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 "A" through a public auction, sale, trade-in, transfer to other governmental agency or, if of no value, discarded. 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. This motion was seconded by Commissioner _, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb Resolution No. 2008- Page 2 PASSED AND ADOPTED this ih day of October, 2008. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO FORM AND ~ LEGAL~ CITY ATTORNEY Date: September 8, 2008 To: Eric Soroka, City Manager From: Julie Aim, Principal Re: Surplus Furniture The following items are broken or damaged beyond repair: 2 Elementary desks 1 cubby station 4 middle school desks 4 listening stations 2 CD boom boxes We would like to surplus these items. Thank you CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, ICMA-CM, City DATE: September 19,2008 TO: City Commission SUBJECT: Disbursement of Police Forfeiture Funds October 7, 2008 City Commission Meeting Agenda Item ~ 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 $25,000 for the purchase of 11 AED's and related equipment from the Police Forfeiture Fund in accordance with the City Manager's memorandum". If you have any questions, please feel free to contact me. EMS/act Attachment CC01629-08 CITY OF A VENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM FROM: TO: DATE: 18 September, 2008 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: AED's and related equipment $25,000 Total Expenditure Request: $25,000 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. Summary AED's and related equipment - This request would cover up to $25,000 towards the cost of 11 AED's and related AED items. By purchasing these AED's it will provide for each officer in a marked unit to have an AED available while on duty. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM DATE: October 1, 2008 TO: City Commission FROM: Eric M. Soroka, ICMA-CM, City SUBJECT: Recommendation to Re-Appoint Two Members to the Police Pension Board of Trustees October 7,2008 City Commission Meeting Agenda Item 6E RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution reappointing Craig D. Shapiro and Alan A. Lips as members of the Police Pension Board of Trustees. BACKGROUND The Police Pension Plan Ordinance provides for the City Commission to appoint two (2) legal residents of the City from a list provided by the City Manager to the Police Pension Board of Trustees. The original term of Craig D. Shapiro and Alan Lips has expired. It is recommended that they be reappointed to the Board. If you have any questions, please feel free to contact me. EMS/act Attachment CC01631-08 RESOLUTION NO. 2008-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE REAPPOINTMENT BY THE COMMISSION OF MEMBERS TO THE BOARD OF TRUSTEES OF THE POLICE OFFICERS' RETIREMENT PLAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2004-07 established a Police Officers' Retirement Plan; and WHEREAS, in accordance with the provisions of Ordinance No. 2004-07, two members of the Board of Trustees of the Police Officers' Retirement Plan shall be appointed by the City Commission from a list provided by the City Manager, each of whom shall serve for a term of two years from date of appointment; and WHEREAS, the City Commission wishes to provide for the reappointment of two members to the Police Officers' Retirement Plan due to the expiration of their current term. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission hereby reappoints Craig D. Shapiro and Alan Lips to serve as its appointees to the Board of Trustees of the City of Aventura Police Officers' Retirement Plan, for a two-year term from the date of adoption of this resolution. Section 2. This Resolution shall become effective immediately upon its adoption. The foregoing resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner being put to a vote, the vote was as follows: , who , and upon Commissioner lev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Vice Mayor Luz Urbaez Weinberg Mayor Susan Gottlieb Resolution No. 2008- Page 2 PASSED AND ADOPTED this ih day of October, 2008. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK !-\PPROVED AS TO FORM AND .~ LEGAL~ CITY ATTORNEY CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM BY: Joanne Carr, AICP Community Development Director TO: City Commission FROM: Eric M. Soroka, IC City Manager DATE: September 22, 2008 SUBJECT: Request of One Island Place Condominium Association Inc. for (1) Conditional Use approval pursuant to Section 31-143(f)(4) of the City's Land Development Regulations to permit the installation of an aboveground fuel storage tank in the RMF4, Multifamily High Density Residential District and (2) Variance from Section 31-143(f)(4)a. of the City's Land Development Regulations to permit a 2,000 gallon capacity aboveground fuel storage tank, where a maximum 550 gallon capacity aboveground fuel storage tank is permitted by Code, for property located at 3801 NE 207 Street, Aventura (03-CU-08 and 02-VAR-08) October 7, 2008 City Commission Meeting Agenda Item '7 RECOMMENDATION It is recommended that the City Commission: Approve the request for Conditional Use approval pursuant to Section 31-143(f)(4) of the City's Land Development Regulations to permit the installation of an aboveground fuel storage tank for storing fuel for emergency generators in the RMF4, Multifamily High Density Residential District; and Approve the request for Variance from Section 31-143(f)(4)a. of the City's Land Development Regulations to permit a 2,000 gallon capacity aboveground fuel storage tank, where a maximum 550 gallon capacity aboveground fuel storage tank is permitted by Code for One Island Place residential condominium at 3801 NE 207 Street, City of Aventura, on the following conditions: 1. The applicant shall obtain permits within 12 months of the date of the approving resolution, failing which this approval shall be void. The applicant may request one six month extension of time to obtain permits and the City Commission may, by resolution or motion, grant such extension of time upon showing of good cause by the applicant. 2. Any discontinuation of the approved conditional use for a period of 180 consecutive days shall constitute abandonment and shall rescind the approval of the conditional use. THE REQUEST The applicant, One Island Place Condominium Association, Inc., is requesting the following: 1. Conditional Use approval pursuant to Section 31-143(f)(4) of the City's Land Development Regulations to permit installation of an aboveground fuel storage tank for storing fuel for emergency generators in the RMF4, Multifamily High Density Residential District; and 2. Variance from Section 31-143(f)(4)a. of the City's Land Development Regulations to permit a 2,000 gallon capacity aboveground fuel storage tank, where a maximum 550 gallon capacity aboveground fuel storage tank is permitted by Code for property located at 3801 NE 207 Street, Aventura (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY One Island Place Condominium Association Inc. APPLICANT One Island Place Condominium Association Inc. ADDRESS OF PROPERTY 3801 NE 207 Street See Exhibit #2 for Location Plan and Exhibit #3 for Aerial Photograph LEGAL DESCRIPTION See Exhibit #4 for Legal Description EXISTING ZONING RMF4, Multifamily High Density Residential District 2 FUTURE LAND USE DESIGNATION Medium-High Density Residential Zoning - Subject property: Property to the North: Property to the South: Property to the West: Property to the East: Existing Use - Subject property: Property to the North: Property to the South: Property to the West: Property to the East: RMF4 RMF3 RMF4 RMF3 CNS Multi-Family High Density Residential Multi-Family Medium Density Residential Multi-Family High Density Residential Multi-Family Medium Density Residential Conservation District Multifamily Residential Condominium Residential townhomes Multifamily Residential Condominium Single family residential homes Intracoastal Waterway Future Land Use Designation - According to the City of Aventura Comprehensive Plan, the following properties are currently designated as follows: Subject property: Property to the North: Property to the South: Property to the East: Property to the West: Medium Density Residential Medium Density Residential Medium High Density Residential Water Medium Density Residential The Site - The subject site is located at the northeasterly end of NE 207 Street. The Project - The applicant has submitted an application to site a 2000 gallon capacity aboveground storage tank for the purpose of storing fuel for emergency generators. The tank is proposed to be located in an open ground area under the parking garage ramp on the west elevation of the garage. The 7' wide, 12' long, 6' tall tank will be installed on a concrete slab, will be screened by a masonry or concrete wall with a self closing and locking metal gate and will be landscaped as required by City Code. Photographs of the proposed location are attached as Exhibit #5 to this report. Installation of this tank is subject to conditional use and variance approval by the City Commission. The applicant has submitted a copy of the tank installation approval dated 4/4/08 from Miami-Dade County Department of Environmental Resources Management (DERM) and from Miami-Dade County Fire Department. ANAL YSIS Citizen Comments - The Community Development Department has received no written citizen comments about this application. 3 Community Development Department Analysis - The property is located in the RMF4 (Multifamily High Density Residential) District. Aboveground fuel storage tanks for emergency generators are permitted in the RMF4 zoning district only as an accessory use following conditional use approval. Section 31-143(f)(4) provides that the fuel storage tanks considered for conditional use approval be of 550 gallon capacity or less, be installed and operated under a valid permit from the Miami-Dade Department of Environmental Resources Management, be fully screened by a masonry or concrete wall with a self closing and locking metal door or gate, landscaped in accordance with City Code and be located in a manner consistent with the RMF4 site development standards. The application requires conditional use approval for installation of the aboveground fuel tank and also requires variance approval for the size of the tank. Reauest #1: Conditional Use approval pursuant to Section 31-143(f)(4} to permit an abovearound fuel storaae tank in the RMF4. Multifamily Hiah Density Residential District as an accessory use for the purpose of storina fuel for emeraency aenerators for the development. Criteria The guidelines for approval of conditional uses as required by Section 31-73(c) of the City's Land Development Regulation states: "General Standards of review. In addition to the standards set forth in these LORs for the particular use, all proposed conditional uses shall meet each of the following standards:" (a) The proposed use shall be consistent with the comprehensive plan. The use is consistent with the City of Aventura Comprehensive Plan, which designates the future land use category for this site as Medium Density Residential. The proposed fuel storage tank will be an accessory use to serve the condominium development on site. (b) The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety or general welfare. The establishment, maintenance or operation of the proposed fuel storage tank will not be detrimental to or endanger the public health, safety or general welfare. The tank is proposed to be located approximately 100 feet from the west property limit, 260 feet from the south property limit, 360 feet from the east property limit and 300 feet from the north property limit. The proposed location is in an open landscaped area under the parking garage ramp. It will be secured by a wall and locked gate. Installation is subject to permit approval from the City, the Miami-Dade County Department of Environmental Resources Management and Miami-Dade County Fire Department, which will require that all fuel related materials be approved by the Florida Department of Environmental Protection and conform with National Fire Protection Agency and Florida Building Code safety requirements. 4 (c) The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The proposed use is consistent with the community character of the immediate neighborhood. To the north, south and west are existing residential uses. To the east is the Intracoastal Waterway. Aesthetically, the proposed tank will be well screened by the parking garage ramp, enclosure wall and landscaping. (d) Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services, shall exist at the City's adopted levels of service, or will be available concurrent with demand as provided for in the requirements of these LORs. The installation of an aboveground fuel storage tank will not result in a change to the current level of service required. Utilities, roadway capacity, drainage and other necessary public facilities, including police,fire and emergency services, exist at the City's adopted levels of service. (e) Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. The installation of an aboveground fuel storage tank will not result in a change to existing ingress and egress to the residential development. Adequate measures exist to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. (f) The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The establishment of the conditional use will not impede the development of surrounding properties for uses permitted in the zoning district. (g) The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The tank is proposed to be located approximately 100 feet from the west property limit, 260 feet from the south property limit, 360 feet from the east property limit and 300 feet from the north property limit. The proposed location is in an open landscaped area under the parking garage ramp. It will be secured by a wall and locking gate and will be landscaped in accordance with City Code. 5 ReQuest #2: Variance from Section 31-143(f)(4)a. of the City's Land Development Reaulations to permit a 2.000 aallon capacity fuel storaae tank. where a maximum 550 aallon capacity fuel storaae tank is permitted by Code. The RMF4 zoning district regulations permit an aboveground fuel storage tank following conditional use approval. The conditional use approval has several conditions; one of which requires that the tank size be 550 gallons or less. This condition was included in the City Code because aboveground fuel storage tanks larger than 550 gallon capacity require approval from the Florida Department of Environmental Protection pursuant to Florida Administrative Code. Aesthetically, the smaller size of tank was deemed appropriate for most sites. Criteria The guidelines for approval of variances as required by Section 31-76(e) of the City's Land Development Regulation states: "Standards of review. A variance shall be granted only where competent and substantial evidence presented in the particular case shows that all of the following are met: (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. Due to the built out condition of this property, the fuel storage capacity required to serve emergency generators for the number of existing residential units on site and limited space to install an aboveground fuel storage tank, the applicant requests one 2,000 gallon capacity fuel storage tank to serve the generators. It would result in a particular hardship upon the owner to site four 550 gallons tanks on site due to these physical conditions. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The conditions are unique to this site and would not be generally applicable to other locations. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LOR. The applicant's difficulty is not economic in nature and has not been deliberately created by the applicant. 6 (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The tank is proposed to be located approximately 100 feet from the west property limit, 260 feet from the south property limit, 360 feet from the east property limit and 300 feet from the north property limit. The proposed location is in an open landscaped area under the parking garage ramp. It will be secured by a wall and locked gate and landscaped as required by City Code. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The proposed variance will not substantially increase traffic congestion or increase the danger of fire or endanger the public safety. Installation is subject to a permit from the City, the Miami-Dade County Department of Environmental Resources Management and the Miami-Dade County Fire Department, which all require safety features for the proposed tank. 7 r ~?"::e~;~~~ ~ Hn~"~~~~!i &; . t ~.~~ ~.. I~ I i ~~u ~~ ~ ~ i ~. ~~ d ~ ~ -0 ~ ~ '-- '-- ~'--'--""'....."\..... '" ~ I --__ @ ~ ~ ;;! @ to:: > '-- , I ..... i2 ?= &; ~ <::> ~ t::i .... l"J ;j '" ~ ::j :.. ~ ~ ~ 1 i I-t " p j ;,\ '. 1:>1 !l r l"~ ~, m~ ~ if ~"f~ ~ i~ fil~ :j . f S ::a ml &2 ~~ II :j 5"3=Q C ~~f ~ ~" '!:i~ ~;; rfJ )o.~~ hi '.1 i~l ~h ll~ l~~ <t~- i!; ~i J ~. ~ ~ ~ I, ~ @@ (Oke JJ' UTlu;r . /4856 P. EASEMENT ' ~CE 1934, Nl.o.CR.) ! ~ I a;:~i< ;;;8 ~ - J _ 'oc,'M. + - _ '_ _ '''',S _____ ==- - -===----== C '~~ lId ~~~~ ~~u ~~ i ~~ q:i f:", , .., rs t ~ , .., ! ~ ~ \; I ~ ~~ ~ - ~~ I~J (;),!CH BASING ASPHAir P';lO'NC I , ;\ J \. ~~~~ \ ~ I ~~ I I i~ Jr,,I"Jl'f/". li!i __- -"<~~'~~~i I,.! ~ ~'-1' li~. 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I J _:~ '", ;C(J ~~ "'" MRAC04STA!. ~1E'RWAy n~ ~ ~; ~ ;~ <i ;~ l. ~~ ~ r5 -; ~~ f . 0 .9 f.! ~ ~, ~ ,J f }; d~ i I " I ,. ~ [ t;; i2 .... t;; CIJ ~ :a :::l ~ ,.....TAACOASTAL WATERWAY - ~ ~ '" fi""BooIc/Po~ SPECIFIC PURPOSE SURVEY CRAW" SF "'"I" TRACT U, THE WATERWAYS SECTION 6 DESIGNED ONE ISLAND PLACE CONDOMINIUM ~:::D JAH ~IA~I DADE COUNTY, F"LORIDA DATE ~ E~G1~EERS lANOSC/lPEARCHITECTS 22OO_~II..W.H ~~1=J.-. lEI GROUP, Inc. I~ .wT~~~~~~ :MIlO PLANNERS ,0,. [NV~:==U=~ ;~ 9/22/OS .wOED U.E. ORB 141358/1934 &: lO'X12' TANK INSTALLAIID"I "REo\. sum: ,g, OESCRIPTION ~=2g=' Rev DATE mI GROUP j: " " Petro Permits F)etropermits@bellsouth.net September 3,2008 City of A ventura 19200 Country Club Drive Aventura, FL 33180 Attn: Joanne Carr Planning Director Re: Letter oflntent Variance and Conditional Use application One Island Place Condominium Association 3801 NE 207 Street, Aventura, FL We intent to install one (1) above ground diesel fuel tank with a capacity of2000 gallons. This tank is to be used with existing emergency generator. This tank is to be installed in the ground floor of the existing parking deck in a small landscape area. The proposed location of the tank is completely hidden from view by anyone outside of parking deck area. The proposed tank is to be installed to satisfy emergency needs in case a hurricane strikes the area. It is not placed there for any other needs except emergency requirements. We appreciate your help in approving the tank installation. If you have any question please do not hesitate to contact me. Sincerely, Claudia Gill EXHIBIT 1 03-CU-08 &. 02-VAR-08 12 Circle, Phone 954 70~) 4638 Fax 954 . BROWARD COUNTY .................. ,. '. '. :. .. :~ .. :. :. :. .. :. :. '. ;. '. :. :. :. :. ;. .. IVES DAIRY RD. :. '. :. :. :. .. :. :. .. :. :. '. :- :. :. :. .. :. -~. :. :. :. :. ',: :. , > :. '. :. :. :. ;. '. :. :. /11 DADE COUNTY MIAMI GARDENS DR. >= :s: J: ill ~ o ~ -" fi PROPERTY LOCATION AVENTURA ~\.:'JQ. Fire I D Rescue Aventura Station Library ci > --J m :z <( ill o o Aventura Mall 192 S1. 191 S1. Loehmann's Fashion u..i Island :;;: C1l C\J 190 S1. 188 S1. 3318.0 ,-.-.-.-.-.-.-.-.-.-.-"....... 185 ST 33 Dumfoundling Bay LEGEND Roadways City Boundary ZIP Code Boundary -- -- -- - - -.. Railroad EXHIBIT 2 03-CU-08 &. 02-VAR-08 EXHIBIT 3 03-CU-08 &. 02-VAR-08 Tract U, of THE WATERWAYS - SECTION 6, according to the plat thereof, as recorded in Plat Book 136, at Page 7, of the Public Records of Miami-Dade County, Florida, Less all of One Island Place Condominium I, a condominium according to the Declaration of Condominium thereof, as recorded in Official Records Book 14810, at Page 122, of the Public Records of Miami-Dade County, Florida, and Less all of One Island Place Condominium II, a condominium according to the Declaration of Condominium thereof, as recorded in Official Records Book 15230, at Page 2313, of the Public Records of Miami-Dade County, Florida. EXHIBIT 4 03-CU-08 &. 02-VAR-08 EXHIBIT 5 03-CU-08 & 02-VAR-08 ,~ a 1/ ~ } ';II. ~ ji! ...~ .~ ;~ ~ ,.1:1 ~~ ~~ C'\~ l' fl (tl.. ). 4 r~ r- -' i},,---.. i:' :1 '\ . Oi:,.ttfl1:<':# APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31-71(b)(2)(i) ofthe City of Aventura Land Development Code, this Applicant Representative Affidavit is hereby made and submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit, which is identified in the accompanying application, and the owner of the property subject to the application (if different) hereby lists and identifies all persons representing the individual or entity applying for the Development Permit in connection with the application, as follows: Name Relationship (i.e. Attorneys, Architects, Landscape Architects, Engineers, Lobbyists, Etc.) c::... Lfo,. u 0/ .'),. b-/i-Z._-- ~ . ~ H 11' exF<::::o I TU{. J ,AI-\' 1"'<" A. l-l,A1-'I1 L -ror-J ill 5 utllJ'2'i~ O:'f:-'",..c- .9... . p! cJt?fI~A ATTotZ..;Jp'f ~ ~>;tY!,FL._ c(JitJTAi\Jr- H b-L/..-ING C',,6i.ASS (Attach Additional Sheets If Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHAll BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31-71(B)(2)(IV) OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS 2/ DAY OF AvC,<J'S,' ,200J. Address: J t.f 12:' 5 ","vvP Pi f'~1. C"L- . Address: ATIVE OF APPLICANT: OWNER By: By: Name: ~- Name: Title: Title: [U-E$ThN F'L S 5::' Z/} STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me the undersigned authority personally appeared ~ :;;;ied,ps as the authorized representative of the Applicant and/or the owner of the property subject to the application, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. ~~~, MERCEDES PIMENTEL f.: .. Commission DO 716268 Expires November 7, 2011 Bonded 1lwu TroyFIln Inolnnoo Q385-701g )~N 13Y- fl:l}fdt~ BUSINESS RELATIONSHIP AFFIDA VIT* This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with 'x' applicable portions only) to. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of Ihe City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Applicant or Representative; [J ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [J iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [J iv. A Cily Commissioner or Board member is a Client of the Applicant or Representative; [] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS '2~1 DAY OF .4110.'., r . 200~ IPpu/2fJ; ." By: ~, - .:,. (Signature) Name: C t.., C, <\ , L(. - (Print) Titie: f'F(U~ /I ~(? ,Ton. (Print) WITNESS MY HAND THIS :> j.. DAY OF .A v p v,. f . 200r" [ , (Signature) (Print) (Print) By: Name: Title: "The terms "Business Relationship," "Client," "Customer," "Applicant," ''Representative" and ''lnterested Person" are defined in Section 2-395 of the A ventura City Code. FA; U tv c. I. ,.,r,{r:<; ~.;.2?'.. .~ ~"'t.q,~ BUSINESS RELATIONSHIP AFFIDA VIT* This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with "x" applicable portions only) [\(1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Applicant or Representative; [] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; . [] v. The Applicanl or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more Ihan $25,000.00 of the business of the Applicant or Representative in a given calendar year. \\ WITNESS MY HAND THIS Z "1 DAY OF A oJ6,./$T .200j' AP~' c- By. . (Signature) Na : -l. _ t;i - 4> v I ,u JNV A. (Print) Title: t-J~ I Li J\J G ( A p.l /5:<;: . (Print) WITNESS MY HAND THIS ~ DAY OF A 1/11.11 t PROPERTY OWNER: ,2oor By: Name: Title: (Signature) (Print) (Print) F;<l4 " J ~ -r 'The terms "Business Relationship," ''Client," "Customer," ''Applicant," ''Representative" and "Interested Person" are defined in Section 2-395 of the A ventura City Code. WITNESS MY HAND THIS of., ( DAY OF A () (,; uS r , 200~ By: . ted on Business Relationship Affidavit) (Signature) By: (Signature (Print) Name: (Print) Title: PC-IlH IT ~fF.o(TDIL(Print) \ ' By: (Signature) Name: J"Mf-"'S 1-1"'--11 L -TON 7lI(Print) Title: (Print) By: (Signature Name: (Print) Title: 5tJlLuE'1d'<- \ By: Name: OX-Nt- /ttuGtV... (Print) Title: (Print) (Signature) By: (Signature (Print) Name: (Print) \ T~e: ...rr"'~ (Prind ~. - (Signature) Title: :f,~GL L(u;tfl"'::'JA..(Print) Title: fJ-AtLlfVG Ld!,C-6S (Print) Title: (Print) By: (Signature Title: (Print) Title: (Print) By: (Signature) Title: (Print) By: (Signature Title: (Print) Title: (Print) Title: (Print) By: (Signature) Title: (Print) Title: (Print) By: (Signature Title: (Print) Title: (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 3l-7l(b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared Cel-d!/ ^ til.(" ft the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TOANDSUBSCRIBED""",~.' U "yof ,,",,", C ,wof J~ N ry Public State of Florida At Large 4;;.\'JIJJ...~... MERCEDES PIMENTEL (.'t~~ Commission DO 716268 Printed Name of Notary ~ !ii Expires November 7 2011 My commission expires: -"::~itf,... ~----BondIdilw'fnlyFtirr~t.. ---------------------------------------------------------------------------------------------------- STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared jA,..c E'S A executed this Affidavit for the purposes stated therein and that it is true and correct. ).l..H It. 1"6'J t/l... , the Affiant, who being first by me duly sworn, did swear or affirm that he/she ~ AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of .200_. Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared ~IL ~ ~ executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant. who being first by me duly sworn, did swear or affirm that he/she * AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_. Notary Public State of Florida At Large Printed Name of Notary My commission expires: STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared ~Ad6!. executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this 2'7 day of AvG..,::,--I , 200~ *' N'.">I;, '':.U,,{ Slate of Florida (',:lLl("li,: Gill M',:' ''''''';;sior.00781669 tX(jIH:'- 'l~~'.'I.;,.~;l~' ATn..t""i'- 'r fa '......".~ BUSINESS RELATIONSHIP AFFIDAVIT* This Affidayf~ Is made pu~uanl to Section 31-71(b)(2)Oi) of lhe City of Aventura Land D.velopmenl Code, The undersigned Affiant hereby discloee\lthat (mark with ''t' applicable portions OI1lyl [ 11. Affiant dOl!l$ nm nave a Buslnesi RelaUonship willi any member of the City Commission or any Ci1y Advisory Bead 10 whicf1 the a~lioll1iot'l will be presented. Affiant hereby dial;\osll5 that il does have 8 Business A.ell111ol'\9hip with I memtBr of th8 City tommission or 3 City Ai.Msorj Board to which the appliCalion will be p!\lll8l'l1ed. as followa: (lilt name of Commissioner or MJlstJry BOlll'd Member) who serves on thtt (Lisl City CommlssiOll orClty Advisory Boord upon whicll member &erve&). The nature oflt18 BU$lness Relationship Is as fol1O'Ml: [I i. Member of City Commission or Board hold~ en own~hip inlllrcslln excess r:J 1% of total as5ets or capital a!oclo: of APP(icaol or Rlpl'ltsenlatiVe; 112. [] ii, Member of City COmm1asion Of Board Is a paRl'ler, oo-shareholder (ee: to shares Df 8 corpcntion which !Ill! not lisl/!ld en rimy n.,tionii/ or r""W sWck lJ,I(~e) or joillt vitlturer 'hilh the Applh:liIllt or RepleGenlstlve In any businee:8 venlllre; [J Iii. Tile Applicant or Represenlativt is a Clillnt -:J. a member -:J. lhs Cily CommIssion or Bon or a Cll6nl of another profe&slon41 workl'lg from the same oIlioe or for1he same employer as lI1e member of tile City Commlilslon or Board; [] iv, A City Commissioner or Board member II Ii Client of the Applicant or Representalfvej [I v. The App&:sr1t or R.epre.sentadlle is a CUSlomif of the membw of the City Commission or Board (Qr 0( hie or hif IITIpIoyer) and transects more than 510,000,00 oHhe buslnes9 of the M#Illtber of1he City COMmission ~ BOil'd (or hi$ or lIIIr lifllployer) iJ\ . Qi;'ifl calendar year: [I VI, The member of tile City COmmission or Board Is e Customer of the Applicant or Reptesentadve and lIensacts more thJII $25,000.00 of lhe buiinesl of the ApprJcar11 or Repie$e~ In a given C<IIencl3l' year. WITNESS MY HAND THIS _ OAY OF AP~: 4 E BY~ ~ ~ ~ .. ~_. (S/gn8un) Name: osc.....<. . , V .A (Print) Title: "--rr'ot1.I'Ii:''i (PrirIf) WITNESS MY HAND THIS...2..A DAY OF ,A iJ! .h},f . 2001' ;:'Em;?~?!!J.J ~ A,J~imk f;;:::7 n~, ~'f 1M) OJ. - f'"V-f ~ c +1\ ri I .6 s....:..'>. , 'The terms "BusIness Ret8tionshlp,' "Client' .Cuslomer,' "Applic4nt' "Representative' and .'nterested Person' are defined In Secrion 2..395 a/the Avsntura CIty Code. I I I ~ 9~O/Z~O~ SlHIl:l3d-Oa13d E09~6Be~;6 XV3 8~:60 BOOG/BZ/BO WITNESS MY HAND THIS.!:.L DAY OF Au 6-liJ,r .200~ . ted on Buein ess Relationship Affidavit) Bt (SignQ/lJre) By: (Signi1/ure (pn'nO Name: (Print) Title: D€"I2.X r, ~~ (-nJ 5:{Print) Title: (print) \ f (SIgn8ture) (Signature By: By: Name: j'~.-.tli'S ~ M,l.-1\:)fll 11I(prinr) Name: (pr/nO TItle: 5u'/l.~"Ia1"- (PrinV Tille: (PrinV \~ ~V ~(S&nattJre) By: (Slgnarure Ni!lme: (')S,cul... /lA /,I gdA.. {PrinV Name: (Print) \ Tille: ,. -r""r0(lJ0.lf5f.( (Print) Title: (Print) By: (Sigf1lJture) By: (Signi1/ure Title: -:C'~GL C( V/ ,..n'ANA.(Print) Tille: (Print) TiUe: f-Mr./1.. /,..c. WL~ (Print) Title: (Print) By: (Signature) By: (Signature Title; (Print) TrUe; (Print) Title: (PrinV Title: (Print) By: (Sigllotllfe) By: (SignatlJre Title: {PrinV Title: (Print) Title; (PrinV Tj~e: (print) NOTE: 1) Use duplicate sheets if disClosure Information for Representative varies 2) Applicants and Affiants are advised to limety supplement this Affidavit pursuant to $ec_ 3 J -71 (b)(2)(iv) of tile City's Land Development Regulations in the City Code, in tne even1 that prior to consIderation of the applioation by the City Board or Commission, the infonnatlon provided in the Affidavit becomes inconoect or iJl.oomplete. 9LO/;LO~ SlHHI3d-O~13d EOSgS8EP;S X~j EL:SO 800~/S~/80 NOTARIZATION PROVISION STATe OF FLORIDA ] COUNT'!' OF MIAMI-DADEI Before me, the ~ndersigned lIulhority, personally app..rto Cf.."~A. tilL - ~ 1118 Affiant who being firBl by me duly swom, did 1;W$(Ii or afIIrm lIlat he/she oXflCuleillhi8 Affidavit fOl the purposea !l!aItd therein and tiel it b lrue and IlOI'reel. N Pub~c $1lI!; 01 Flodde At I.IIrgs Q}'" M~CEDESPIMEN1E. CoIMlIlllon DO 71_ Pnnled Nama of NoI8rl' '" -=:~~!!~~It .._._._~.~~~~~~~~_._------_._-- SWORN TO AND SUBSCRIBED before melhl& 'Z-I day of ..6"(....> r' 200~ STATE OF F~ORIO^ ] COUNtY OF MIAMI-OADE) 6efwe me, Ihe undersi9/led authority, p8lSo~a1ly appeared .J.'" ~ A- J.lAH11.. ~th~m who being ~r&l by me duly &Worn, did aw..r or IIffinn lh~t keluhe e~ecuted 1I1ii Affidal'itfor ~e purpllSell9teled therein and lIlat It Is lI'ue end wrllCt. ~ AFFIANT SWORN TO AND SUBSCRIBED befora me thIs _ day of ,200_ NOI;Iry P\lbli~ SIal; 01 Florio. AIl4rge PonIed Name of Not.y My comm~,jQn expire!!; SlATe OF F~ORIDA l COUNTY OF MIAMI-DADE) Berore me, the undersi!lned authority, personally appasl'i!d ~Ii. ~ ~ executed thl! AffIdavit for the PUrpOSiSS sta~ tharak'i and lIlilt it i.!lllue and Cl:mCl. J SWORN TO AND SUBSCRIBED bGfore me thi~ day of STATE OF F~ORIDA ) COUNn' OF MIAMI.DADE} Before me. ill & undera~n8d aulhori~, ~llI'SOn8l1y a~lJller.d ~""d&i ~~I01t~. Afflan~ who belng nrSl by me duly smm. did swlar or alfirm !hat he/she PGculed lhis Affidavit for tilt purpaHs stllled therein IIld !hat it Is Inllland cerrect. *' AFFI",T SWORN TO AHO SUSSCRISeC before me \hi, _ day of , ZQC_, NotIlry Public at9\Q of ~Iorlda Allargs Prlnlld Norn. of Noh'lry My CO"lmiseiOn ~plf1je: 8l0/9l0ra SlDHI3d-O~13d EOSgS8Eu;8 X~~ vl:80 BOO~/B~/BO ~ BUSINESS RELATIONSHIP AFFIDA VIT* This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that: (mark with 'x' applicable portions only) ~. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Applicant or Representative; [ ] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS ~ DAY OF ""1'-h.-;u;., ICANTL. ~ (Signature) (Print) (Print) WITNESS MY HAND THIS ~ DAY OF ~L,i.., :~OPE~ 1if!J; (~,,~) Name: & '&.--d ;, .4 (Print) Title: D tl '?f= (Print) I F V7, """ , 200!, , 200j/ *The terms "Business Relationship," "Client," "Customer," "Applicant," "Representative" and ''Interested Person" are defined in Section 2-395 of the A ventura City Code. G) WITNESS MY HAND THIS a..:3 DAY OF ~~A ,200! ~PRESENTAT E: (Listed on Business Relationship Affidavit) \ By: ignature) By: (Signature (1 . ~~Ml~ ::;if\ Name: (Print) Title: ~ve4 oil- (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Title: (Print) Title: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Title: (Print) Title: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Title: (Print) Title: (Print) Title: (Print) Title: (Print) NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 3 1-7 1 (b)(2)(iv) of the City's Land Development Regulations in the City Code, in the event that prior to consideration of the application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or incomplete. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF MlAMl-DAOE) Before me, the undfllSigned authority, p8lSal8lly appeared James executed this Affidavil for the purposes stated therein and thaI it is we and correct SWORN TO AND SUBSCRIBED before me this 2 4 day 01 S e P . ~yp,,~ ~O~l' . . ~ .. "~OFf\." surveyor Notary Public State of Florida Claudia Gill My Commission 00781669 Expires 04/22/2012 STATE OFFLORIDA ) COUNTY OF MIAMJ-DAOE) Before me. the undersigned au1tlority, ptlISOI1a1ly appeared executed this Affidavit for lIIe purposes staled lIIerein and that il is we and correct. the Aflianl who being filiI by me duly sworn, did swear or effirm that he/she SWORN TO AND SUBSCRIBED before me this _ day 01 AFFIANT 200_. Notary Public State of Florida Allatge Printed Name of Notary My commission expires: STATE OFFLORIDA ) COUNTY OF MIAMI'[)AOE) Before me, the undersigned authority. p8lSonally appeared executed this Affidavilfor the purposes $!Bted therein end that it is true and correct. the Afian~ who being fillt by me duly sworn, did swear or affinn thaI helshe SWORN TO AND SUBSCRIBED before me1his _ day of AFFIANT .200_. Nolary Public Stale of Florida AI Large Printed Name of Notary My ccmmission expires: STATE OF FLORIDA ) COUNTY OF MIAMI.QAOE) Before me, l1Ie undersigned authority, p8llDnally appeared executed this Affidlllit fa the purposes stated therein and that it is true and correct. the Afliant. who being filiI by me duly sworn, crill swear or affirm that he/she SWORN TO AND SUBSCRIBED before me this _ day of AFFIANT 200_. Nolary Public Slate 01 Florida Allalge Printed Name of NolaI)' My ccmmission expires: RESOLUTION NO. 2008-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL PURSUANT TO SECTION 31-143(f)(4) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT THE INSTALLATION OF AN ABOVEGROUND FUEL STORAGE TANK IN THE RMF4, MULTIFAMILY HIGH DENSITY RESIDENTIAL DISTRICT; GRANTING VARIANCE FROM SECTION 31-143(f)(4)a. OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT A 2,000 GALLON CAPACITY ABOVEGROUND FUEL STORAGE TANK, WHERE A MAXIMUM 550 GALLON CAPACITY ABOVEGROUND FUEL STORAGE TANK IS PERMITTED BY CODE FOR PROPERTY LOCATED AT 3801 NE 207 STREET, CITY OF AVENTURA, FLORIDA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned RMF4, Multifamily High Density Residential District; and WHEREAS, the Applicant, One Island Place Condominium Association Inc., through Application No. 03-CU-08, has requested conditional use approval pursuant to Section 31-143(f)(4) to permit the installation of an aboveground fuel storage tank for the purposes of fuel storage for emergency generators for the residential development; and WHEREAS, the applicant, One Island Place Condominium Association Inc., through Application No. 02-VAR-08, has requested variance from Section 31-143(f)(4) a. of the City's Land Development Regulations to permit a 2,000 gallon capacity aboveground fuel storage tank, where a maximum 550 gallon capacity aboveground fuel storage tank is permitted by Code; and Resolution No. 2008-_ Page 2 WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission has reviewed the application for conditional use approval and finds that the conditional use requested meets the standards for approval of conditional uses as set forth in Section 31-73(c) of the City's Land Development Regulations; and WHEREAS, the City Commission has reviewed the application for variance approval and finds that the variance requested meets the standards for approval of variances as set forth in Section 31-76(e) of the City's Land Development Regulations; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 03-CU-08 for conditional use approval pursuant to Section 31-143(f)(4) to install an aboveground fuel storage tank for the purpose of storing fuel for emergency generators on land described in Exhibit "A" is hereby granted, subject to the conditions in Section 4 of this Resolution. Section 2. Application No. 02-VAR-08 for a variance from Section 31-143(f)(4) a. of the City's Land Development Regulations to permit installation of a 2,000 gallon capacity aboveground fuel storage tank, where a maximum 550 gallon capacity aboveground fuel storage tank is permitted by Code on land described in Exhibit "A" is hereby granted, subject to the conditions in Section 4 of this Resolution. Resolution No. 2008- Page 3 Section 3. This Resolution shall become effective immediately upon its adoption. Section 4. The approvals granted through this Resolution are subject to the following conditions: 1. The applicant shall obtain permits within 12 months of the date of the approving resolution, failing which this approval shall be void. The applicant may request one six month extension of time to obtain permits and the City Commission may, by resolution or motion, grant such extension of time upon showing of good cause by the applicant. 2. Any discontinuation of the approved conditional use for a period of 180 consecutive days shall constitute abandonment and shall rescind the approval of the conditional use. 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 Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb Resolution No. 2008-_ Page 4 PASSED AND ADOPTED this ih day of October, 2008. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK '\PPROVED AS TO FORM AND~,\ " LE.GAL~I CITY ATfORNEY This Resolution was filed in the Office of the City Clerk this _ day of October, 2008. CITY CLERK Resolution No. 2008-_ Page 5 EXHIBIT "A" Tract U of the Waterway - Section 6, according to the plat thereof as recorded in Plat Book 136 at Page 7 of the Public Records of Miami-Dade County, Florida Less all of One Island Place Condominium I, a condominium according to the Declaration of Condominium thereof as recorded in Official Records Book 14810, at Page 122, of the Public Records of Miami-Dade County, Florida, and Less all of One Island Place Condominium II, a condominium according the Declaration of Condominium thereof, as recorded in Official Records Book 15230 at Page 2313 of the Public Records of Miami-Dade County, Florida. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, ICMA-CM, City DATE: September 18, 2008 TO: City Commission SUBJECT: Proposed Arts and Cultural Center Advisory Board 1st Reading October 7,2008 City Commission Meeting Agenda Item ~ A 2nd Reading November 6, 2008 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the attached Ordinance establishing an Arts and Cultural Center Advisory Board. BACKGROUND Attached hereto, for your review is a proposed Ordinance establishing an Arts and Cultural Center Advisory Board. The document was prepared after an extensive evaluation of similar Boards in other jurisdictions and is based on best practices after discussions with representatives of other performing arts facilities. The following is an overview of the Ordinance: 1. The Board will consist of nine (9) members who shall be appointed by the Mayor, subject to the approval of the City Commission. Five (5) members of the Board shall be residents of the City and the four (4) remaining members may be from within or outside the City limits. 2. Individuals wishing to be a member of the Arts and Cultural Center Advisory Board shall make application to the City Manager on the forms provided by the City. The City Manager shall interview all applicants and make recommendation to the Mayor. The Mayor shall appoint to the Board members from the list of applicants recommended by the City Manager, subject to the approval of the City Commission. 3. In recommending members of the Board, the following guidelines shall be considered: The membership of this Board should be representative of the broad spectrum of the arts and have specific experience and a strong commitment to performing arts including music, dance, the dramatic arts, the visual arts and the cultural arts. 4. The powers and duties of the Board shall be solely of an advisory nature to the City Manager and Arts & Cultural Center Director. The City Manager shall be responsible for communicating to the City Commission the actions of the Board. 5. The Mission of the Board is to assist the City in developing a facility that offers a wide range of quality entertainment year-round and cultivates partnerships with other local and regional organizations to enhance the quality of life for Aventura by providing a variety of performing arts and relevant cultural programming for audiences of all ages. 6. The following matters shall be within the advisory jurisdiction of the Board: . Promote the mission of the Arts & Cultural Center and broad spectrum of performing arts. . Review the various programs to be held at the Arts & Cultural Center as recommended by the Arts & Cultural Center Director. Final programming decisions shall rest with the Arts & Cultural Center Director. . Recommend fundraising and sponsorship opportunities and assist with the implementation of same to support the Center's operations and programming. The Board may accept donations on behalf of the Center in a manner as approved by the City Manager. . Review polices and regulations that have been recommended by the Arts & Cultural Center Director as it relates to the Arts & Cultural Center. . Assist in the promotion of the Arts & Cultural Center programs. 7. The Board shall meet quarterly or more frequently as determined by the City Manager. EMSI ORDINANCE NO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, CREATING DIVISION 5 "ARTS AND CULTURAL CENTER ADVISORY BOARD" OF ARTICLE III "ADVISORY BOARDS" OF CHAPTER 2 "ADMINISTRATION" OF THE CITY CODE BY CREATING SECTION 2-191 "CREATION, COMPOSITION AND QUALIFICATIONS," SECTION 2-192"APPOINTMENT OF BOARD MEMBERS PROCESS", SECTION 2-193 "ADVISORY CAPACITY ", SECTION 2-194 "RULES OF PROCEDURE; QUORUM", SECTION 2-195 "MISSION; JURISDICTION AND DUTIES"; AND SECTION 2-196 "STANDARDS OF CONDUCT FOR MEMBERS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Commission desires to create an advisory board, to be known as the City of Aventura Arts and Cultural Center Advisory Board, to provide advice, recommendations and otherwise assist in matters pertaining to the Aventura Arts And Cultural Center (the "Center"). NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That the above stated recital is hereby adopted and confirmed. Section 2. Code Revised. That Division 5 " Arts and Cultural Center Advisory Board" of Article III "Advisory Boards" of Chapter 2 "Administration" of the City Code is hereby created to read as follows: Division 5. Arts and Cultural Center Advisory Board. Sec. 2-191. Creation, composition and qualifications. A. There is hereby created and established the City of Aventura Arts and Cultural Center Advisory Board (the "Board") consisting of nine (9) members who shall be appointed by the Mayor, subject to the Ordinance No. 2008-_ Page 2 approval of the City Commission. Five (5) members of the Board shall be residents of the City and the four (4) remaining members may be from within or outside the City limits. Members of the Board shall be appointed in accordance with procedures established herein 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. Members shall serve for a two year term and may be reappointed in accordance with the process outlined herein. B. (i) Each one of the five (5) resident members of the Board shall be a qualified elector of the City of Aventura 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 of the Board who ceases to reside within the City, and has been selected as a resident appointment shall be deemed to have resigned as of the date of his or her change of residence. (ii) The remaining four (4) members shall be selected without preference to residence. (iii) In the event of the resignation or removal of any member of the Board, the Mayor shall appoint a person to fill the 2 Ordinance No. 2008-_ Page 3 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 accordance with procedures established herein. C. In the event that a member of the Board shall be absent and unexcused from a duly-called meeting of the Board for three consecutive meetings, then in that event such member shall automatically be removed as a member of the Board by the City Manager. An excused absence shall be requested in writing via email, fax or letter prior to the Board meeting. D. The City Manager or his designee shall serve as an ex-officio (non-voting) member of the Board and shall provide necessary staff support for the Board. Sec. 2-192. Appointment of Board Members Process. A. Individuals wishing to be a member of the Arts and Cultural Center Advisory Board shall make application to the City Manager on the forms provided by the City. The City Manager shall interview all applicants and make recommendation to the Mayor. The Mayor shall appoint to the Board members from the list of applicants recommended by the City Manager, subject to the approval of the City Commission. 3 Ordinance No. 2008-_ Page 4 B. In recommending members of the Board, the following guidelines shall be considered: (i) The membership of this Board should be representative of the broad spectrum of the arts and have specific experience and a strong commitment to performing arts including music, dance, the dramatic arts, the visual arts and the cultural arts. Sec. 2-193. Advisory capacity. The powers and duties of the Board shall be solely of an advisory nature to the City Manager and Arts & Cultural Center Director. The City Manager shall be responsible for communicating to the City Commission the actions of the Board. Sec. 2-194. Rules of procedure; Quorum 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 members to act as Chairperson and may elect a Vice-Chairperson, both of whom shall serve for one-year and may be re-elected. 4 Ordinance No. 2008-_ Page 5 C. Five 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 five (5) affirmative votes shall be required for official action. Sec. 2-195. Mission; Jurisdiction and Duties. A. The Mission of the Board is to assist the City in developing a facility that offers a wide range of quality entertainment year-round and cultivates partnerships with other local and regional organizations to enhance the quality of life for Aventura by providing a variety of performing arts and relevant cultural programming for audiences of all ages. B. 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/or Arts & Cultural Center Director. The following matters shall be within the advisory jurisdiction of the Board: (1) Promote the mission of the Arts & Cultural Center and broad spectrum of performing arts. (2) Review the various programs to be held at the Arts & Cultural Center as recommended by the Arts & Cultural Center Director. Final programming decisions shall rest with the Arts & Cultural Center Director. 5 Ordinance No. 2008- Page 6 (3) Recommend fundraising and sponsorship opportunities and assist with the implementation of same to support the Center's operations and programming. The Board may accept donations on behalf of the Center in a manner as approved by the City Manager. (4) Review polices and regulations that have been recommended by the Arts & Cultural Center Director as it relates to the Arts & Cultural Center. (5) Assist in the promotion of the Arts & Cultural Center programs. C. The Board shall meet quarterly or more frequently as determined by the City Manager. Sec. 2-196. Standards of Conduct for Members. All members of the Board shall be subject to the Standards of Conduct for Public Officers and Employees, as set by federal, state, county, city or other applicable law pursuant to City Charter Section 7.03 and must file the appropriate financial disclosure forms. 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 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. 6 Ordinance No. 2008- Page 7 Section 4. 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 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 5. Effective Date. That 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 Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb 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 Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb 7 Ordinance No. 2008-_ Page 8 PASSED on first reading this ih day of October, 2008. PASSED AND ADOPTED on second reading this 6th day of November, 2008. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK Approved as to Form and Legal Sufficiency: _____H~ k1A City Attorney 8 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, ICMA-CM, City M DATE: September 19,2008 TO: City Commission SUBJECT: Proposed Ordinance Amending the Duties of the Community Services Advisory Board 1st Reading October 7,2008 City Commission Meeting Agenda Item.5LB 2nd Reading November 6, 2008 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the attached Ordinance amending the duties of the Community Services Advisory Board and to provide to modify the number of unexcused absences for Board members. BACKGROUND As discussed at the September Workshop Meeting, the role and duties have changed since the Board was created 12 years ago. In order to provide for the Board to continue to serve the needs of the community and obtain important input, the proposed Ordinance amends the duties of the Board by deleting certain functions no longer necessary and adding the focus on green initiatives and the shuttle bus service. If you have any questions, please feel free to contact me. EMS/act Attachment CC01628-08 ORDINANCE NO. 2008-_ AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 2 "ADMINISTRATION" ARTICLE III "ADVISORY BOARDS", DIVISION 2 "COMMUNITY SERVICES ADVISORY BOARD" AT PARAGRAPH (C) OF SECTION 2-121 TO PROVIDE THAT MEMBERS HAVING TWO OR MORE UNEXCUSED ABSENCES IN A CALENDAR YEAR MAY BE SUBJECT TO REMOVAL; AND AMENDING SECTION 2-125 "JURISDICTION" TO REVISE THE JURISDICTION OF THE BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:1 Section 1. That Paragraph (c) of Section 2-121 of Chapter 2 "Administration" Article III "Advisory Boards", Division 2 "Community Services Advisory Board" shall be amended as follows: Sec. 2-121. Creation, composition and qualifications. (c) In the event that a member of the Board sh311 be absent from a duly c311ed meeting of the B03rd for three consecutive meetings or in the event th3t a member has tilFee two 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. 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. That Section 2-125 "Jurisdiction" is hereby amended as follows: 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 or a recommendation bv motion of the 1 / Proposed additions to existing City Code text are indicated by underline; proposed deletions from existing City Code text are indicated by strike through. Ordinance No. 2008-_ Page 2 Board. The following matters shall be within the advisory jurisdiction of the Board: (1) Stimulate greater public awareness and appreciation of the importance of beautification, recreation and cultural arts in the City encouraqe participation by the community in beautification and qO qreen initiatives by establishinq recoqnition proqrams. (2) Assist in the formulation of special e'.'ents, recreation activities, senior, youth and cultural programs. (3) Provide recommendations on landscaping and beautification projects. (4) Promote the sponsorship of cultural arts and special events by community and civic organizations. (5) Encourage and facilitate opportunities for City residents to participate in various cultural events and activities. Review and provide input on special events, recreation activities, senior and youth proqrams, qo qreen initiatives and the shuttle bus services. (e~) Act as the City's tree board for the Tree City USA requirements. (+1,) Other matters assigned by the City Commission and City Manager. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 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 re-numbered or re-Iettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. 2 Ordinance No. 2008-_ Page 3 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 Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb 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 Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb 3 Ordinance No. 2008- _ Page 4 PASSED on first reading this ih day of October, 2008. PASSED AND ADOPTED on second reading this 6th day of November, 2008. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK Approved as to Form and Legal Sufficiency: _H~~ City Attorney 4 CITY OF AVENTURA OFFICE OF THE MA VOR MEMORANDUM DATE: September 24, 2008 TO: City Commission FROM: Susan Gottlieb, Mayor SUBJECT: Proposed Special Election on Uniform Countywide System of Fire Protection October 7, 2008 City Commission Meeting Agenda Item ~ On September 24,2008, I attended a meeting held by the Miami-Dade League of Cities regarding the above subject. At the meeting, based on the erosion of the cities' home rule powers, it was decided that each city needed to take a strong negative position on this matter and provide funding up to $1,000 to support a public education campaign. Although most cities, like Aventura, that are currently served by the Miami-Dade Fire Rescue Department had no intention to form their own departments, the action taken by the County limits the ability of cities to execute their home rule power and explore other options. I have placed this matter on the Agenda for discussion and possible action by the City Commission. SG/act CC01630-08 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 V. PEREZ, who on oath says that he or she is the LEGAL CLER~, L~gal Notices of the Miami Daily Business Review f/k/a ~Iaml Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade C~unty, Florida; that the attached copy of advertisement, bAing a Legal AdvertiS€'l16:1t of Notice in the matter of CITY OF AVENTURA - PUBLIC HEARING 1On/2008 ONE ISLAND PLACE CONDOMINIUM ASSOCIATION, INC. in the XXXX Court was published in said newspaper in the issues of 09/25/2008 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-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) , an? h~s b~en .~nter~d as second class mail matter at the post offl~e In Miami In said Miami-Dade County, Florida, for a penod of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she h~s neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said now,:;> . Sworn to and subscribed be ~H (SEAL) 2' A.D. 2:8 V. PEREZ personally known to me 2r:Mlr~Y.'J.;W"""'."~~ ~~..... r.'6;Yig~~;;;,-_-' ---'--;i.ARlA I. r~E8A I~:r l~' "f:} MYC:Of:~\ISSION:* OD}50170 L~-::;::'?;~?'7:.~<'/ .. :,,~..ES. Marvh4, L012 J,SI or: f\..~~\ r;rjn~J>?d ; llrlJ Notary publiG UnderNnters ~~~~;;:;;,:-~;.:;.. ~ CITY OF A VENTURA NOTICE 9FPUB"'IC' HEARINQ Date and Time of Public Hearing: Tuesday, October 7,2008 6:00p.m. ApplIcant NamelNumber: One Island Place Condominium Association Inc. 03-CU-08 and 02-V AR-08 Applicant Request: The applicant is requesting. Conditional Use approval pursuant to Section31-143(f)(4)of the ~~~~I;:~~:el6o~=~~~~~~ir~~r~~~~; for storing fuel for emergency generators in the RMF4, Multifamily High Density Residential District and Variance from Section 31-143(f) (4)a. of the CIty's Land Development Regula~ tions to permit a 2,000 gallon capacity above- ground fuel ston~ge tank, where a IT\aximum 550 gallon capacity aboveground fuel storage tank is permitted by Code. Location Of Subject Property: 3801 NE 207 Street, City of Aventura Legal DescrIption: Tract U, The Waterways Section 6 according to the plat thereof recorded in Plat Book 136, palie 7, Public Records of Miami-Dade Counw (full legal description is available at the Community Development DepaJjment) Plans are on file and may be ~xamined during regular business hours in the City of Aventura Govemment Center, Community Development Department, 19200 West Country Club Drive, Aventura, Florida, 33180. Plans may be modified at or before the Public Hearing. The application may change during the hearing process. - The Public Hearing will be held in the Commission Chamber, Second Floor of the City of Aventura Government Center, 19200 West CountrY Club Drive, Aventura, Florida 33180. Your comments may be made il!l person at the hearing or filed in writing prior to the hearing date. Refer to applicant/property on correspondence and mail same to_ City of. Aventura Government Center, CoInJnt!llity Developmentoepartment. For further inf~rmation, please call (305) 466-8940. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and\!Yho need special accommodations to participate in this proceeding beCaUle of that disability should contact the Qffice of the City Clerk, (305) 46~8901, not later than two business days prior to such proceedings. .If a person decides to appeal any decision made by the City Commission with respe<;t to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 9/25 Teresa M. Soroka, MMC. City Clerk 08-3-56/1 091 P~ZM