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04-14-2009 City Commission Susan Gottlieb, Mayor A '!be City of ~ventura 0.,.:..,...... ~ City ManalfeF Eric M. Soroka, lCMA-CM Zev Auerbach Bob Diamond T eri Holzberg Billy Joel Michael Stern Luz Urbaez Weinberg City Clerk Teresa M. Soroka, MMC City Attom(v Weiss Serota Helfman Pastoriza Cole & Boniske APRIL 14, 2009 following 6 pm LPA Government Center 19200 West Country Club Drive Aventura, 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: Certificates of Appointment to Arts & Cultural Center Advisory Board Employee Service Awards 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: March 3,2009 Commission Meeting March 19,2009 Workshop Meeting 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 TIDNGS NECESSARY TO CARRY OUT THE AIMS OF TIDS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA URGING THE FLORIDA DEPARTMENT OF EDUCATION TO MAINTAIN CURRENT TRAINING STANDARDS FOR READING TEACHERS OF ENGLIGH LANGUAGE LEARNERS ("ELL") IN FLORIDA'S PUBLIC SCHOOLS; DIRECTING THE CITY CLERK TO APRIL 14,2009 TRANSMIT A COpy OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF EDUCATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, REQUESTING GOVERNOR CHARLIE CRIST, THE STATE LEGISLATURE AND THE PUBLIC SERVICE COMMISSION TO ADOPT POLICIES, PROGRAMS AND INCENTIVES THAT WOULD MAKE THE IMPLEMENTATION AND INSTALLATION OF SOLAR ENERGY MORE ECONOMICALLY FEASIBLE FOR FLORIDA MUNICIPALITIES; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. E. MOTION TO ACCEPT FOR FILING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT ("CAFR") FOR THE FISCAL YEAR ENDED SEPTEMBER 30, 2008 AND THE LETTER DATED MARCH 26, 2009 ATTACHED HERETO AS ATTACHMENT A." 7. WNING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the Conunission'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 conunents. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses, but the public may request the Conunission 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, APPROVING SIGN VARIANCE TO PERMIT A 39 SQUARE FOOT EXTERIOR WALL SIGN ON THE TOWER FEATURE AT THE COURTYARD AT THE A VENTURA MALL, 19501 BISCA YNE BOULEVARD, AVENTURA, FOR AN INTERIOR MALL TENANT OCCUPYING LESS THAN 100,000 SQUARE FEET OF TENANT SPACE WITHOUT DIRECT EXTERIOR ACCESS; WHERE SECTION 31-191(g)(8)b. OF THE CITY CODE PERMITS WALL SIGNS ONLY FOR 100,000 SQUARE FOOT OR MORE TENANTS AND FOR TENANTS WITH DIRECT EXTERIOR ACCESS; PROVIDING AN EFFECTIVE DATE. 8. ORDINANCES: FIRST READING - PUBLIC INPUT: A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING SECTION 6 "EFFECTIVE DATE" FROM APRIL 1, 2 APRIL 14,2009 2009 TO SEPTEMBER 30, 2009 OF ORDINANCE NO. 2008-08 ADOPTED ON APRIL 8, 2008, AS AMENDED BY ORDINANCE NO. 2009-04 ADOPTED ON FEBRUARY 3, 2009, WHICH ORDINANCE ESTABLISHED A TRANSPORTATION MITIGATION IMPACT FEE AND SCHEDULE FOR MITIGATION OF TRANSPORTATION IMPACTS BY NEW DEVELOPMENT IN THE CITY OF AVENTURA; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING ARTICLE II "CITY COMMISSION AND MAYOR" OF CHAPTER 26 "ELECTIONS" OF THE CITY CODE OF THE CITY OF A VENTURA BY AMENDING SECTION 26-31 "TIME AND MANNER OF QUALIFICATION OF CANDIDATES", BY AMENDING SECTION 26-32 "COMMENCEMENT OF TERM OF ELECTED OFFICIALS", BY AMENDING SECTION 26-34 "EARLY VOTING"; AND AMENDING ARTICLE I "IN GENERAL" OF CHAPTER 2 "ADMINISTRATION" BY AMENDING SECTION 2-2 "APPOINTMENT OF VICE MAYOR" IN ORDER TO ENSURE CONSISTENCY WITH RECENTLY AMENDED CITY CHARTER SECTION 2.03 "ELECTION AND TERM OF OFFICE" AND CITY CHARTER SECTION 5.03 "ELECTIONS" WHICH REVISED THE DATE OF GENERAL MAYORAL AND COMMISSION ELECTIONS; PROVIDING FOR INCLUSION IN THE CODE, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE. C. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AMENDING ORDINANCE NO. 2008-15 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2008/2009 FISCAL YEAR BY REVISING THE 2008/2009 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN ExmBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. 9. ORDINANCES: SECOND READINGIPUBLIC HEARING: A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING ARTICLE II, "USE OF RIGHT-OF-WAY, PARKING, OTHER REGULATIONS" OF CHAPTER 48 "VEHICLES, USE OF RIGHT-OF-WAY, PARKING AND 3 APRIL 14, 2009 OTHER REGULATIONS" OF THE CITY CODE OF THE CITY OF A VENTURA BY AMENDING SECTION 48-20, "PROHIBITION OF RIGHT-OF-WAY VENDORS AND SOLICITORS ON CERTAIN ROADS", EXPANDING THE PROHIBITION TO INCLUDE CERTAIN ADDITIONAL ROADS IN ORDER TO FURTHER PROTECT THE SAFETY OF MOTORISTS, PEDESTRIANS, AND ROADSIDE VENDORS AND SOLICITORS; PROVIDING FOR INCLUSION IN THE CODE, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE. B. CITY COMMISSION, ACTING IN ITS CAPACITY AS THE A VENTURA CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AMENDING ORDINANCE NO. 2008-10, WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2008/09 (JULY 1 - JUNE 30) BY REVISING THE 2008/2009 FISCAL YEAR BUDGET DOCUMENT AS OUTLINED IN ExmBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. 10. RESOLUTIONS - PUBLIC HEARING: None. 11. REPORTS 12. PUBLIC COMMENTS 13. OTHER BUSINESS: None. 14. ADJOURNMENT SCHEDULE OF FUTURE MEETINGSIEVENTS COMMISSION WORKSHOP APRIL 23, 2009 9 AM EX. CONF. ROOM COMMISSION MEETING MAY 5, 2009 6 PM 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 AventUfa Advisory Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Conunission 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. 4 ~ .. ~~ MINUTES CITY COMMISSION MEETING MARCH 3, 2009 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 Zev Auerbach, Teri Holzberg, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Billy Joel, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin. Commissioner Bob Diamond was absent due to illness. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Led by Mr. and Mrs. Jonathan Evans. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: None. 5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Vice Mayor Joel, seconded by Commissioner Holzberg, passed unanimously and the following action was taken: A. The following minutes were approved: February 3, 2009 Workshop Meeting February 3, 2009 Commission Meeting February 19, 2009 Workshop Meeting February 26, 2009 Workshop Meeting B. Resolution No. 2009-14 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA ARTS AND CULTURAL CENTER ADVISORY BOARD FOR A TWO-YEAR TERM; AND PROVIDING AN EFFECTIVE DATE. C. Resolution No. 2009-15 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF A VENTURA COMMUNITY SERVICES ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE. D. Resolution No. 2009-16 was adopted as follows: 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. E. Resolution No. 2009-17 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED CHANGE ORDER EXHIBIT I FOR BID NO. 08-07-14-2 FOR NE 190TH ST ASPHALT OVERLAY, NE 191sT ST/NE 29TH AVE DRAINAGE AND NE 209TH ST BID ALTERNATE BY AND BETWEEN THE CITY AND WILLIAMS PAVING COMPANY, INC.; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. F. Resolution No. 2009-18 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, ACCEPTING DONATION OF ART WORK TO THE CITY; PROVIDING FOR EFFECTIVE DATE. G. Resolution No. 2009-19 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AMENDMENT NO. 1 TO THE AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES BETWEEN OWNER (CITY OF AVENTURA) AND CONSTRUCTION MANAGER (SUFFOLK CONSTRUCTION COMPANY, INC.) FOR THE CONSTRUCTION OF THE ARTS & CULTURAL CENTER PROJECT; ESTABLISHING THE GUARANTEED MAXIMUM PRICE FOR PHASE II AT $6,800,000; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 6. ZONING HEARINGS: None. 7. ORDINANCES: FIRST READING/PUBLIC INPUT: 2 A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING ARTICLE II, "USE OF RIGHT-OF-WAY, PARKING, OTHER REGULATIONS" OF CHAPTER 48 "VEHICLES, USE OF RIGHT-OF- WAY, PARKING AND OTHER REGULATIONS" OF THE CITY CODE OF THE CITY OF AVENTURA BY AMENDING SECTION 48-20, "PROHIBITION OF RIGHT-OF-WAY VENDORS AND SOLICITORS ON CERTAIN ROADS", EXPANDING THE PROHIBITION TO INCLUDE CERTAIN ADDITIONAL ROADS IN ORDER TO FURTHER PROTECT THE SAFETY OF MOTORISTS, PEDESTRIANS, AND ROADSIDE VENDORS AND SOLICITORS; PROVIDING FOR INCLUSION IN THE CODE, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Weinberg, and seconded by Commissioner Auerbach. Mayor Gottlieb opened the public hearing. The following individual addressed the Commission: Bob Burroughs. There being no further speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote. B. CITY COMMISSION, ACTING IN ITS CAPACITY AS THE AVENTURA CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS: Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2008-10, WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2008/09 (JULY 1 - JUNE 30) BY REVISING THE 2008/2009 FISCAL YEAR BUDGET DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Vice Mayor 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. 8. ORDINANCES: SECOND READING/PUBLIC HEARING: Mr. Wolpin read the following ordinance by title: 3 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ARTICLE III "DANGEROUS INTERSECTION SAFETY" OF CHAPTER 48 "VEHICLES, USE OF RIGHT OF WAY, PARKING, OTHER REGULATIONS" BY AMENDING SECTION 48-27 "DEFINITIONS" AND SECTION 48-28 "ADHERENCE TO RED LIGHT TRAFFIC CONTROL SIGNALS" AND SECTION 48-32 " NOTICE OF VIOLATION" OF THE CITY CODE OF THE CITY OF A VENTURA, IN ORDER TO INCREASE THE SCOPE OF THE TRAFFIC CONTROL SIGNAL VIOLATIONS THAT MAY BE CAPTURED BY A TRAFFIC CONTROL SIGNAL MONITORING DEVICE AND TO CLARIFY ENFORCEMENT PROCEDURES PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Weinberg, and seconded by Commissioner Auerbach. 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. 2009-05 was enacted. 9. RESOLUTIONS - PUBLIC HEARING: None. 10. REPORTS: As presented. 11. PUBLIC COMMENTS: None. 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 6:19. 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~ ,8. ,~,,,,,,,"/ MINUTES CITY COMMISSION WORKSHOP MEETING March 19, 2009 - 9:15 a.m. 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 9:15 a.m. Present were Commissioners Zev Auerbach, Bob Diamond, Teri Holzberg, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Billy Joel, 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. FPL PRESENTATION ON SOLAR ENERGY: FPL representatives Aletha Player and John Hicks addressed the Commission regarding incorporating solar energy at the Arts and Cultural facility. CITY MANAGER SUMMARY: Consensus to address resolution at future meeting urging Gov. Crist, the Legislature and the Public SeNice Commission to adopt incentives for solar energy programs to make it cost effective for implementation by municipalities. 2. PROPOSED REVISIONS TO ELECTIONS CODE TO IMPLEMENT RECENT CHANGE TO ELECTION DATE (City Attorney): Mr. Wolpin explained the need to change the dates of qualifying in accordance with the county and state mandates for newly-implemented timelines in the election process. CITY MANAGER SUMMARY: Consensus to proceed and address on first reading at April Commission meeting. 3. UPDATE ON NE 183rd ST ROAD IMPROVEMENTS (City Manaqer): Kevin Hart, Craven Thompson, the City's Engineer and Suzanne Danielson, Kimley Horn, the City's Traffic Engineer, addressed the Commission and provided an update on NE 183rd Street improvements. CITY MANAGER SUMMARY: Consensus to approve and incorporate into the CIP. 4. TRAINING STANDARDS FOR READING TEACHERS OF ENGLISH LANGUAGE LEARNERS (Commissioner Weinberq) Commissioner Weinberg provided background on this issue and requested the Commission adopt a resolution urging Gov. Crist to veto any legislation that would cut ESOL training or lower requirements for training standards for ESOL teachers. CITY MANAGER SUMMARY: Consensus to address resolution similar to that passed by the City of Pembroke Pines Commission at April meeting. 5. REQUEST TO ATTEND NATIONAL ASSOCIATION OF LATINO ELECTED AND APPOINTED OFFICIALS ANNUAL CONFERENCE (NALEO) (Commissioner Weinberq): Commissioner Weinberg requested approval from the Commission to attend the NALEO Conference in Los Angeles, CA CITY MANAGER SUMMARY: Consensus to approve. 6. 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 10:38 a.m. Approved by the Commission on Teresa M. Soroka, MMC, City Clerk 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. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA-CM, City DATE: March 17, 2009 SUBJECT: Resolution Declaring Equipment April 14, 2009 Commission Meeting Agenda Item b- B RECOMMENDA TION 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 CC01651-09 From: Julie Aim, Principal Date: March 4, 2009 To: Re: Surplus Computers The following items are out of warranty and have been replaced. Computers with Monitors = 43 Printers = 7 Digital Presenter = 1 We request that they be approved to surplus. Attached are the serial numbers for each item. Thank you I De-Commissioned Units for Return Model: G>\. ~loD Serial #: j fS6x. .2 , Asset Tag: l', ;2' PR Bar Code: Model: (;I<'26c.. Serial #: '/756 )(2., Asset Tag: i ~7() PR Bar Code: Model: Asset Tag: Serial #: 7 t.f S~i.2J l~zO PR Bar Code: Model: Asset Tag: Serial #: (7 ~:S- CL56 ~'z..l PR Bar Code: Model: Serial #: ..3 J S G..'J..2.l Asset Tag: ,'7 1'1 PR Bar Code: Model: Serial#: 6"6. 5~ 2.. Asset Tag: I'll ~"7 PR Bar Code: Model: Serial #: 9 ,J ~ 6; )C '2, Asset Tag: I ~2. 3 PR BarCode: Model: Serial #: % F S' C\)( 2 i Asset Tag: , ~ (S- PR Bar Code: Model: Asset Tag: Serial #: 1118' -71 V~'/..'Zi PR Bar ode: HD I Mcm feM8\'etl y HD I-Mem r~Aleve~ ~ HD /..M8fN r<:aw"~d S- HD 1 Mcm r~mev~, Y HD I.MeAl rcmeved Y HD / Mcm fefR9"~d Y HD 1 Meffi 1'8mOVN L HD I Mem removed L HD I Mem removed L 2.-. 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( \ 7~"7 PR Bar Code: HD I Mem removed Model: Asset Tag: Serial #:~HSE\ Jl '2.., 17:')/ PRBarCode: HD / Mem removed Model: Serial #: ~ K S(:j )C.Z, Asset Tag: I 7 "7 '7 PR Bar Code: HD I Mem removed Model: Serial #: ~ S VG,X 2.1 Asset Tag: (7 '13 PR Bar COde: HD / Mem removed Model: Serial #:11 5$ &.)<.2' Asset Tag: 177'7 PR Bar Code: Model: Serial #: F :3\/6)( z, Asset Tag: t. 772 PR Bar Code: Model: Serial #:_F G. <?; ~ l( Z l Asset Tag: i 7 c) S PR Bar Code: Model: Asset Tag: Serial #: L,FS6X 21 J'7 <t S- PR Bar Code: Model: Asset Tag: Serial #: 17.':)'i C.G.Sli~'2/ PR Bar Code: HD 1 Mem removed HD / Mem removed HD I Mem removed HD / Mem removed HD / Mem removed s- De-Commissioned Units for Return Model: Asset Tag: Serial #: "7'-1- 7 57 ~Sffi)(,:Lt PR Bar Code: Model: Asset Tag: Serial #: li'71; '7 c.; 5~ X ~Lj PR Bar Code: Model: Serial #:~F S~K.2J Asset Tag: t ~ ~ PR Bar Code: Model: Serial #: 3~ Scs.~'~\ Asset Tag: r ~ :~ 0 PR Bar Code: Model: Serial #: c..lo '5 ~ K"2.l Asset Tag: 1"7 '7_~ PR Bar Code: Model: Serial #:'"})J5GX2..t Asset Tag: I -, 0 0 PR Bar Code: Model: Serial #: 7/r. 'S ~ X.L t Asset Tag: I ~ 2.2.. PR Bar Code: Model: Asset Tag: Serial #: PR Bar Code: Model: Asset Tag: Serial #: PR Bar Code: HD / Mem removed V HD / Mem removed " HD /-Memremoved l HD / -M-cltl lemoved y HD /~4.em-removed -Y- HD ..LMem-removed I-- HD / Mom ~moved -1-- HD / Mem removed HD / Mem removed -.---,. ~. ,,'----' ---,. 898 I ~ 3S' D \S<8'i~ N A 7/t D {V\ .~ Nit # O"$~~-7D ~ J. S- 'i:3Aot ..., I ?'85 RESOLUTION NO. 2009-_ 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. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner lev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb Resolution No. 2009-_ Page 2 PASSED AND ADOPTED this 14th day of April, 2009. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: H~~ CITY ATTORNEY CITY OF AVENTURA OFFICE OF THE CITY MANAGER DATE: March 25, 2009 TO: City Commission FROM: Eric M. Soroka, ICMA-CM, Cit SUBJECT: Resolution Urging the Department of Education to Maintain Current Training Standards for Reading Teachers of English Language Learners April 14, 2009 Commission Meeting Agenda Item &--L As discussed at the March Workshop Meeting and requested by Commissioner Luz Urbaez Weinberg, attached hereto for your review and consideration is the subject Resolution. If you have any questions, please feel free to contact me. EMS/act Attachment CC01652-09 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA URGING THE FLORIDA DEPARTMENT OF EDUCATION TO MAINTAIN CURRENT TRAINING STANDARDS FOR READING TEACHERS OF ENGLIGH LANGUAGE LEARNERS ("ELL") IN FLORIDA'S PUBLIC SCHOOLS; DIRECTING THE CITY CLERK TO TRANSMIT A COpy OF THIS RESOLUTION TO THE FLORIDA DEP ARTMENT OF EDUCATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the United States District Court for the Southern District of Florida, Miami Division, Case No, 90-1913 issued a Consent Decree in LULAC v. Florida Board of Education, in 1990 calling for equal access to all education programs for ELL students, including a mandate for ESOL Endorsement for all teachers of the English language to ELL students; and WHEREAS, in 2007 and 2008, legislative efforts to weaken the training requirements for reading teachers of ELL students failed, but a current administrative move by the Florida Department of Education again threatens to reduce training requirements; and WHEREAS, Section 1003,56, Florida Statutes, entitled "English language instruction for limited English proficient students", is designed to develop students' mastery of the four language skills, including listening, speaking, reading and writing, as rapidly as possible; and WHEREAS, the City Commission of the City of A ventura, Florida desires for all children to read English, wants teachers to prepare them to read, and wants monitoring to ensure compliance with the requirements stated in the Consent Decree, referenced above; and WHEREAS, it makes no sense to withdraw support from children who are already struggling; and WHEREAS, not supporting appropriate training would violate the intent of the Consent Decree; and WHEREAS, at a time when we must strive to be as competitive as possible in the quickly changing global economy, we cannot afford to lower the bar of expectations and training for our highly qualified teachers; and WHEREAS, the City Commission deems the maintenance of the continued training standards for reading teachers of English Language Learners to be in the best interests of the citizens and residents of the City of A ventura, Resolution No.2009- Page 2 NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS: Section 1. adopted. Recitals. That each of the above stated recitals are hereby confirmed and Section 2. The City Commission hereby urges the Florida Department of Education to maintain current training standards for reading teachers of English Language Learners in Florida's public schools. Section 3. The City Clerk is hereby directed to send a copy of this resolution to the Florida Department of Education. Section 4. All resolutions or parts of resolutions In conflict herewith are hereby repealed to the extent of such conflict. Section 5. If any clause, section, other part or application of this resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity ofthe remaining portions or applications of this resolution, Section 6. That this resolution shall become effective immediately upon adoption hereof, The foregoing resolution was offered by Commissioner moved its adoption, The motion was seconded by Commissioner upon being put to a vote, the vote was as follows: , who , and Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb 2 Resolution No.2009- Page 3 PASSED AND ADOPTED this 14th day of April, 2009. Susan Gottlieb, Mayor Attest: Teresa M. Soroka, MMC City Clerk Approved as to Form and Legal Sufficiency: City Attorney 3 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA-CM, Cit~ DATE: March 25, 2009 SUBJECT: Resolution Requesting Governor, State Legislature and Public Service Commission to Adopt Policies, Programs and Incentives to Make the Implementation of Solar Energy More Economically Feasible April 14, 2009 Commission Meeting Agenda Item --.k.l> As discussed at the March Workshop Meeting and requested by Commissioner Zev Auerbach, please find the subject Resolution attached hereto for your review and consideration. If you have any questions, please feel free to contact me. EMSlact Attachment CC01652-09 RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, REQUESTING GOVERNOR CHARLIE CRIST, THE STATE LEGISLATURE AND THE PUBLIC SERVICE COMMISSION TO ADOPT POLICIES, PROGRAMS AND INCENTIVES THAT WOULD MAKE THE IMPLEMENTATION AND INSTALLATION OF SOLAR ENERGY MORE ECONOMICALL Y FEASIBLE FOR FLORIDA MUNICIPALITIES; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of A ventura, Florida, finds that it would be beneficial for the environment and for the protection of public resources if policies and programs were created by the State of Florida to make it more economically feasible for Florida municipalities to implement and install solar energy for municipal buildings; and WHEREAS, representatives of Florida Power & Light have examined the design for the City's proposed Arts & Cultural Center and have determined that under current policies, programs and rate structures, it would not be economically feasible to install a solar energy system for this facility; and WHEREAS, in order to protect the environment and deploy green technology, the City Commission requests that Governor Crist and the State Legislature serve as catalysts for change to current Florida solar policies by developing alternative approaches for Public Service Commission review of rate structures which may serve to create incentives and benefits for Florida Power & Light and other electric utilities to directly assist cities in implementing solar energy use for municipal facilities. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS: Resolution No.2009- Page 2 Section 1. Recitals. That each of the above stated recitals are hereby confirmed and adopted, Section 2. Suuuort. The City Commission of the City of A ventura hereby requests Governor Charlie Crist, the State Legislature and the Public Service Commission to adopt policies, programs and incentives that would make the implementation and installation of solar energy more economically feasible for Florida municipalities, Section 3. Imulementation. That the City Manager is authorized to take any action which is necessary in order to implement the purposes of this Resolution, Section 4. Effective Date. That this resolution shall become effective immediately upon adoption hereof. The foregoing resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner T eri Holzberg Commissioner Billy Joel Commissioner Michael Stem Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb 2 Resolution No,2009- Page 3 PASSED AND ADOPTED this 14th day of April, 2009. Attest: Teresa M. Soroka, MMC City Clerk Approved as to Form and Legal Sufficiency:-- ~~ City Attorney Susan Gottlieb, Mayor 3 CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission /' r-1 FROM: Eric M. Soroka, ICMA-CM, City Manager V BY: ~an K. Raducci, Finance Director DATE: March 30, 2009 SUBJECT: Comprehensive Annual Financial Report (CAFR) Fiscal Year Ended September 30, 2008 April 14, 2009 City Commission Meeting Agenda Item {p-E Recommendation It is recommended that the City Commission approve the following motion: "Motion to accept for filing of the Comprehensive Annual Financial Report (CAFR) for the fiscal year ended September 30, 2008 and the letter dated March 26, 2009 attached hereto as Attachment A." Backaround The CAFR, a letter from our independent auditors - McGladrey & Pullen LLP dated March 26, 2009 and a staff-prepared memorandum were distributed to the Mayor and Commissioners on March 30, 2009. The Rules of the Auditor General, Chapter 10,550, require that the CAFR be filed as an official record at a public meeting. This motion satisfies that requirement. In addition, the auditors have requested that their letter dated March 26, 2009, identified as Attachment A on the staff-prepared memorandum, be accepted for filing with the City Commission. A representative from the auditing firm will be present at the April 14th City Commission meeting. However, since the CAFR is the City's responsibility, I respectfully request that any questions be discussed with the City Manager prior to the meeting. BKR/bkr CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, IC City Manager Joanne Carr, AICP (\ /;1 Community Development ect~' BY: DATE: March 19,2009 SUBJECT: Request of Limited Brands for Sign Variances Victoria's Secret Store Aventura Mall, 19501 Biscayne Boulevard (01-SV-09) April 14, 2009 City Commission Meeting Agenda Item 7 RECOMMENDATION It is recommended that the City Commission approve the request for variance to permit a 39 square foot exterior wall sign on the courtyard tower feature at the Aventura Mall for a tenant occupying approximately 19,000 square feet with no exterior access; where exterior wall signs are permitted by Code for tenants occupying 100,000 square feet or more or for tenants with direct exterior access, on the condition that the sign must substantially comply with the plans submitted with the application, as follows: · Limited Store Planning Inc., Victoria's Secret Store No. 0500239, Aventura Mall, Cover Sheet AOO.O, issued 1/2/09, revised 02113/09, signed and sealed; · Limited Store Planning Inc., Victoria's Secret Store No. 0500239, Aventura Mall, Overall Storefront Elevation, Sheet A08.0A, issued 1/2/09, revised 02113/09, signed and sealed; · Limited Store Planning Inc., Victoria's Secret Store No. 0500239, Aventura Mall, Exterior Storefront Elevation, Sheet A08.1 B, issued 1/2/09, revised 02113/09, signed and sealed; · Limited Store Planning Inc., Victoria's Secret Store No. 0500239, Aventura Mall, Exterior Storefront Elevation, Sheet A08.1 C, issued 1/2/09, revised 02113/09, signed and sealed; · Limited Store Planning Inc., Victoria's Secret Store No. 0500239, Aventura Mall, Storefront Details, Sheet A08.6, issued 1/2/09, revised 02113/09, signed and sealed; · Limited Store Planning Inc., Victoria's Secret Store No. 0500239, Aventura Mall, Storefront Details, Sheet A08.9, issued 1/2/09, revised 02113/09, signed and sealed. THE REQUEST The applicant, Limited Brands, is requesting a Variance from Section 31- 191 (g)(8)b. of the City Code to permit a 39 square foot exterior wall sign on the courtyard tower feature at the Aventura Mall for the Victoria's Secret store occupying approximately 19,000 square feet, with no exterior access, where exterior wall signs are permitted by Code for tenants occupying 100,000 square feet or more or for tenants with direct exterior access. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY Aventura Mall Venture APPLICANT Limited Brands LOCATION OF PROPERTY 19501 Biscayne Boulevard Courtyard Area, Aventura Mall (See Exhibit #2 for Location Map) LEGAL DESCRIPTION See Exhibit #3 for Legal Description ZONING Subject property: Property to the North: Property to the South: B2, Community Business District B2, Community Business District, and CF, Community Facilities District B2, Community Business District, U, Utilities District, TC1, Town Center District and CF, Community Facilities District ROS, Recreation Open Space District, B2, Community Business District and RMF4, Multifamily High Density Residential District U, Utilities District Property to the East: Property to the West: 2 EXISTING LAND USE Subject property: Property to the North: Property to the South: Property to the East: Aventura Mall Office Buildings, Fire Station Retail Plaza, Utility Substation, Office Buildings and Government Center Hotel, Golf Course, Residential Condominiums FEC Railway Property to the West: FUTURE LAND USE - According to the City of Aventura Comprehensive Plan, the following properties are currently designated as follows: Subject property: Property to the North: Property to the South: Property to the East: Property to the West: Business and Office Business and Office Business and Office, Town Center Business and Office, Parks and Recreation, Medium-High Density Residential Business and Office The Site - The subject site is the Aventura Mall. It is comprised of 97.96 acres of land bounded by Biscayne Boulevard to the west, West Country Club Drive to the east, Aventura Boulevard to the north and the William Lehman Causeway to the south. The site contains an existing regional mall with over 2.5 million square feet of area. The tenant requesting this variance has storefront elevations within the courtyard area at the southwest portion of the Mall as shown on Exhibit #4 to this report. The Project - Victoria's Secret is presently renovating a tenant space approximately 19,000 square feet in size on the second floor of the Aventura Mall. This space was formerly occupied by The Bamboo Club restaurant. The City's sign code permits signage on the exterior walls facing the interior of the courtyard. Two 6 square foot wall signs are proposed in the courtyard. These three signs are permitted by Code. It has also requested sign variance approval to install a 39 square foot sign on the tower feature outside the courtyard area as shown on Exhibit #5 to this report. Installation of this sign requires sign variance approval. History of Signage in the Courtyard Area - The City's sign code enacted in 1997 permitted one 75 square foot wall sign for tenants having direct exterior access to the mall or for tenants having direct exterior access to an external open courtyard. 3 In April of 1998, the AMC Theatre, a tenant with direct exterior access to the mall, was granted a sign variance to allow a 330 square foot sign on the wall outside the courtyard area for directional purposes. In November of 1998, The Cheesecake Factory, a tenant with direct exterior access to an external open courtyard, was granted a sign variance to allow two 75 square foot signs; one internal to the courtyard and one on the tower feature outside the courtyard area, for directional purposes. In March of 1999, the City Commission passed Resolution No. 99-09 permitting the unenclosed courtyard area at the Mall to be considered as interior space. As such, signs internal to the courtyard area do not need to comply with the City's sign regulations as to number, type and size. They do still require proper sign permits prior to installation. The former tenant in the space subject of this report was The Bamboo Club restaurant. This tenant did have an exterior wall sign mounted on the tower above The Cheesecake Factory sign. This sign was permitted because this tenant had direct exterior access to the mall by way of a door on the outdoor walkway on the second floor of the courtyard. The retail clothing tenant to the south of the space subject of this report has an exterior wall sign outside the courtyard area based on the fact that they also have direct exterior access to the mall by way of a door on the outdoor walkway on the second floor of the courtyard. The existing exterior wall signage outside the internal courtyard area is shown on Exhibit #6 to this report. Citizen Comments - As of the date of writing this report, the Community Development Department has not received any written or verbal citizen comments. ANAL YSIS Community Development Department Analysis - Section 31-191(g)(8)b. of the City Code allows wall signs for major tenants of not less than 100,000 square feet that face the exterior regional mall property and that are located on the exterior wall of the specific tenant space identified. The maximum sign area for these major tenants is 500 square feet. Exterior access tenants, that is, those tenants that have a door to their tenant space directly from the exterior of the mall are allowed a wall sign measuring not more than 75 square feet. 4 Section 31-191(g)(8)f. provides that signage internal to the courtyard area of the mall shall be considered interior mall signs and not subject to the provisions of our sign code as to number, size and design. All signs must, however, have a sign permit issued by the City prior to installation. The applicant is requesting two 6 square foot wall signs facing the interior of the courtyard. These signs are permitted pursuant to the section above. The applicant is also requesting a 39 square foot backlit channel letter wall sign on the tower feature above the existing "The Cheesecake Factory" sign. This sign is not considered internal to the courtyard. The exterior access door used by the former tenant on the second floor of the courtyard has now been closed by the applicant tenant due to store security concerns. Therefore, an exterior wall sign is not permitted by Code and requires sign variance approval. The criteria for approval of sign variances set out in Section 31-1910)(8) of the City of Aventura Land Development Regulations is as follows: The Sign Variance maintains the basic intent and purpose of these regulations; particularly as it affects the stability and appearance of the City and provided that the variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. No showing of unnecessary hardship to the land is required. This request does preserve the unique character of the City and is not in conflict with the basic intent and purpose of the sign code. The sign is compatible with the surrounding land uses, is significantly smaller in size than existing adjacent signage, is not visible from the adjacent right of way nor from any residentially zoned properties, will provide direction to customers and will effectively index the environment. 5 . . ..- SHREMSHOCK ARCHITECTS, I N C . 6130 S. Sunbury Rd, Westerville, OR 43081 ph 614.545.4550 fax: 614545.4555 email: info@shremshock.com http://www.shremshock.com Sie:n Variance - LET"~te. ~F INTENT" January 28, 2009 Attn: City of A ventura Department of Community Development RE: Victoria's Secret #239 A ventura Mall Space #1699 19501 Biscayne Boulevard Aventura, FL 33180 To whom it may concern, This letter is to serve as a request for a sign variance for the project listed above, The primary reason for the request is that as a major tenant at the mall, the space includes a large area of exterior wall, which contains features that may be used for display and branding purposes. Though there isn't an exterior entrance for the store, there is the opportunity because of these features to provide store signage as an identifying and unifying element. As a high-end retail establishment, a tasteful sign will complement the mall architecture and serve as a marketing feature that is advantageous to other tenants by encouraging customers for all stores to patronize the mall, Finally, there is precedence in that the mall movie theater has exterior signage promoting its presence though it has no exterior entrance. The variance is being requested for the single sign element located on the tower feature. There will be additional signage that is located to the right of this item, but face the interior entrance courtyard and do not qualify as an exterior sign, thus are not a part of this request. Do not hesitate to call with any question or concerns. Respectfully, ~ ~ Charles W. Wertz Project Manager Shremshock Architects, Inc, EXHIBIT #1 01-SV-09 BROWARD COUNTY ..-.-.---. ... '. DADE COUNTY :. '. :. :. '. :. '. :. :. :. '. IVESOAIRY RD. LEGEND Roadways City Boundary ZIP Code Boundary Railroad EXHIBIT #2 01-SV-09 EXHIBIT #3 01-SV-09 LEGAL DESCRIPTION PARCEL 1: TRACT "R", OF "AVENTURA SIXTH ADDmON", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 120 AT PAGE 20 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNn, FLORIDA. PARCEL 2: A PORTION OF TRACT "Q" OF "AVENTURA SIXTH ADDmON", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 120 AT PAGE 20 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNn, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, DADE COUNn, FLORIDA; THENCE NORTH 87 DEGREES 27'29" EAST, ALONG THE NORTH LINE OF SAID SECT10N 3 FOR 875.83 FEET TO A POINT ON THE CENTERLINE OF AVENTURA BOULEVARD AS SHOWN ON SAID PLAT OF "AVENTURA SIXTH ADDmON"; THENCE SOUTH 02 DEGREES 32'31" EAST FOR 73.00 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT "Q"; THENCE SOUTH 87 DEGREES 27'29" WEST, ALONG THE NORTH LINE OF SAID TRACT "Q" FOR 12.60 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 50,00 FEET AND A CENTRAL ANGLE OF 89 DEGREES 35'24" FOR AN ARC DISTANCE OF 78.18 FEET TO THE POINT OF TANGENCY BEING ON THE WESTERLY LINE OF TRACT "HI' OF "AVENTURA FOURTH ADDmON", ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 116, PAGE 34, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE SOUTH 02 DEGREES 07'55" EAST ALONG THE WESTERLY LINE OF SAID TRACT "HI' FOR 423.52 FEET; THENCE NORTH 87 DEGREES 52'05" EAST FOR 26,00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED TRACT OF LAND; THENCE NORTH 87 DEGREES 52'05" EAST FOR 148.00 FEET; THENCE NORTH 42 DEGREES 52'05" EAST FOR 56,57 FEET; THENCE NORTH 02 DEGREES 07'55" WEST FOR 31.63 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 325.00 FEET AND A CENTRAL ANGLE OF 72 DEGREES 28'48.8" FOR AN ARC DISTANCE OF 411.13 FEET TO THE POINT OF TANGENCY; THENCE NORTH 70 DEGREES 20'53.8" EAST FOR 122.00 FEET; THENCE NORTH 25 DEGREES 20'53,8" EAST FOR 58.66 FEET; THENCE NORTH 25 DEGREES 53'40" WEST FOR 94,96 FEET TO A POINT ON THE NORTH UNE OF SAID TRACT "Q", SAID POINT ALSO BEING ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST AND BEARS SOUTH 21 DEGREES 19'21" EAST FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, AND ALONG THE NORTHERLY LINE OF SAID TRACT "Q", HAVING A RADIUS OF 1505.40 FEET AND A CENTRAL ANGLE OF 04 DEGREES 34'19" FOR AN ARC DISTANCE OF 120,12 FEET; THENCE SOUTH 25 DEGREES 53'40" EAST FOR 117.40 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST AND BEARS NORTH 46 DEGREES 09'58" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CIRCULAft CURVE TO THE RIGHT HAVING A RADIUS OF 500.00 FEET AND A CENTRAL ANGLE OF 65 DEGREES 24'26" FOR AN ARC DISTANCE OF 570.78 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 125.00 FEET AND A CENTRAL ANGLE OF 23 DEGREES 10'58" FOR AN ARC DISTANCE OF 50.58 FEET; THENCE SOUTH 13 DEGREES 08'55" EAST FOR 10.62 FEET; THENCE NORTH 76 DEGREES 51'05" EAST FOR 342.85 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 81 DEGREES 39'40" WEST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 810.00 FEET AND A CENTRAL ANGLE OF 04 DEGREES 48'35" FOR AN ARC DISTANCE OF 68.00 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 13 DEGREES 08'55" EAST FOR 469.40 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 111.00 FEET (THE LAST EIGHT (8) COURSES BEING ALONG THE BOUNDARY OF SAID TRACT "Q"); THENCE SOUTH 02 DEGREES 40'32" EAST FOR 42.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 123.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 20.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 74.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 639,08 FEET; THENCE NORTH 86 DEGREES 44'34" EAST FOR 42.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 116.48 FEET; THENCE NORTH 81 DEGREES 11'29" EAST FOR 294,34 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 81 DEGREES 11'29" WEST FOR THE CENTER OF SAID CURVE, SAID POINT ALSO BEING ON THE EAST LINE OF SAID TRAcr "RIf, AS SHOWN ON SAID PLAT OF "AVENTURA SIXTHADDmON"; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT AND ALONG THE EAST LINE OF SAID TRACT "Q", HAVING FOR ITS ELEMENTS A RADIUS OF 4656,66 FEET ,A.ND A CENTRAL ANGLE OF 6 DEGREES 38'08" FOR 539.29 FEET; THENCE NORTH 69 DEGREES 17'55" WEST FOR 25,00 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, SAID POINT BEARS SOUTH 69 DEGREES 18'08 EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 64 DEGREES 25'24" FOR AN ARC DISTANCE OF 33.73 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 85 DEGREES 07'16" WEST FOR 87.61 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY AND NORTHWESTERL Y ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 92 DEGREES 56'22" FOR AN ARC DISTANCE OF 48.66 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 555.00 FEET AND A CENTRAL ANGLE OF 24 DEGREES 44'30" FOR AN ARC DlSTANCE OF 239.66 FEET; THENCE SOUTH 60 DEGREES 00'00" WEST FOR 30,86 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, SAID POINT BEARS SOUTH 79 DEGREES 11'39" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 135.00 FEET AND A CENTRAL ANGLE OF 48 DEGREES 00'00" FORAN ARC DISTANCE OF 113,10 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 726,18 FEET AND A CENTRAL ANGLE OF 29 DEGREES 18'21" FOR AN ARC DISTANCE OF 371.43 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 29 DEGREES 30'00" WEST FOR 331.34 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 110.00 FEET AND A CENTRAL ANGLE OF 25 DEGREES 00'00" FOR AN ARC DISTANCE OF 48.00 FEET; THENCE SOUTH 35 DEGREES 30'00" EAST RADIAL TO THE LAST DESCRIBED CURVE FOR 31.98 FEET; THENCE SOUTH 29 DEGREES 58'54" WEST FOR 92.90 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, SAID POINT BEARS SOUTH 07 DEGREES 29'11" WEST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 555.00 FEET AND A CENTRAL ANGLE OF 54 DEGREES 56'22" FOR AN ARC DISTANCE OF 532.17 FEET TO A POINT OF REVERSE CURVA11.JRE; THENCE NORTHEASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 35.00 fEET AND A CENTRAL ANGLE OF 84 DEGREES 24'26" FOR AN ARC DISTANCE OF 51.56 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 53 DEGREES 02'45" EAST FOR 0.31 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT I-lAVING A RADIUS OF 522.50 FEET AND A CENTRAL ANGLE OF 27 DEGREES 32'27" FOR AN ARC DISTANCE OF 251.15 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5.00 FEET AND A CENTRAL ANGLE OF 125 DEGREES 32'55" FOR AN ARC DISTANCE OF 10.96 FEET; THENCE SOUTH 45 DEGREES 02'32" EAST FOR 25.00 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT "Q", SAID POINT ALSO BEING ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTH AND BEARS SOUTH 11 DEGREES 34'12" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT AND ALONG THE SOUTH LINE OF SAID TRACT "Q" HAVING A RADIUS OF 5594.58 FEET AND A CENTRAL ANGLE OF 04 DEGREES 13'04" FOR AN ARC DISTANCE OF 411.84 FEET; THENCE SOUTH 73 DEGREES 10'52" WEST ALONG THE SOUTH UNE OF SAID TRACT "Q" FOR 193.18 FEET TO A POINT ON THE ARC OF A ORCULAR CURVE CONCENTRIC WITH THE LAST DESCRIBED CURVE, SAID POINT BEARS SOUTH 05 DEGREES 24'45" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5629.58 FEET AND A CENTRAL ANGLE OF 01 DEGREES 01'21" FOR AN ARC DISTANCE OF 100.46 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 06 DEGREES 00'16" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 1070.17 FEET AND A CENTRAL ANGLE OF 27 DEGREES 09'18" FOR AN ARC DISTANCE OF 507.20 FEET TO THE POINT OF TANGENCY; THENCE NORTH 56 DEGREES 50'26" WEST FOR 488.24 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 1221.67 FEET AND A CENTRAL ANGLE OF 23 DEGREES 12'04" FOR AN ARC DISTANCE OF 494.70 FEET; THENCE NORTH 11 DEGREES 19'21" WEST FOR 10,69 FEET; THENCE NORTH 09 DEGREES 46'52" EAST FOR 73.41 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 09 DEGREES 46'52" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 275,00 FEET AND A CENTRAL ANGLE OF 78 DEGREES 05'13" FOR AN ARC DISTANCE OF 374,79 FEET TO THE POINT OF TANGENCY; THENCE NORTH 02 DEGREES 07'55" WEST FOR 200.00 FEET; THENCE NORTH 47 DEGREES 07'55" WEST FOR 56,57 FEET; THENCE SOUTH 87 DEGREES 52'05" WEST FOR 148.00 FEET; THENCE NORTH 02 DEGREES 07'55" WEST FOR 90,00 FEET ;THENCE NORTH 87 DEGREES 52'05" EAST FOR 148.00 FEET; THENCE NORTH 42 DEGREES 52'05" EAST FOR 56.57 FEET; THENCE NORTH 02 DEGREES 07'55" WEST FOR 283,37 FEET; THENCE NORTH 47 DEGREES 07'55" WEST FOR 56.57 FEET; THENCE SOUTH 87 DEGREES 52'05" WEST FOR 148:00 FEET; THENCE NORTH 02 DEGREES 07'55" WEST FOR 90.00 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE FOLLOWING PARCEL OF LAND: A PARCEL OF LAND LYING IN SEmON 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI -DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNlY, FLORIDA; THENCE NORTH 87 DEGREES 27'29" EAST, ALONG THE NORTH UNE OF SAID SEmON 3 FOR 875,83 FEET TO A POINT ON THE CENTERUNE OF AVENlURA BOULEVARD; THENCE SOUTH 02 DEGREES 32'31" EAST FOR 73.00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF AVENTURA BOULEVARD; THENCE SOUTH 87 DEGREES 27'29" WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 12.60 FEET TO A POINT; THENCE 78.18 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CHORD OF 70.45 FEET BEARING SOUTH 42 DEGREES 39'47" WEST TO A POINT ON THE EASTERLY RIGHT-OF-WAY UNE OF STATE ROAD NO.5 (U.S. HIGHWAY NO.1), AS SHOWN ON THE PLAT OF "AVENTURA FOURTH ADDmON", AS RECORDED IN PLAT BOOK 116, PAGE 34 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE SOUTH 02 DEGREES 07'55" EAST ALONG SAID EASTERLY RIGHT-OF-WAY UNE FOR A DISTANCE OF 1320.72 FEET TO A POINT; THENCE NORTH 87 DEGREES 52'05" EAST FOR A DISTANCE OF 435.30 FEET TO THE PRINOPAL POINT AND PLACE OF BEGINNING OF THE FOLLOWING DESCRIPTION; THENCE NORTH 74 DEGREES 30'00" EAST FOR A DISTANCE OF 170.36 FEET TO A POINT; THENCE NORTH 15 DEGREES 30'00" WEST FOR A DISTANCE OF 18.00 FEET TO A POINT; THENCE NORTH 74 DEGREES 30'00" EAST FOR A DISTANCE OF 491.43 FEET TO A POINT; THENCE SOUTH 60 DEGREES 30'00" EAST FOR A DISTANCE OF 380,10 FEET TO A POINT; THENCE SOUTH 29 DEGREES 30'00" WEST FOR A DISTANCE OF 6.62 FEET TO A POINT; THENCE SOUTH 60 DEGREES 30'00" EAST FOR A DISTANCE OF 94,67 FEET TO A POINT; THENCE SOUTH 29 DEGREES 30'00" WEST FOR A DISTANCE OF 78.54 FEET TO A POINT; THENCE SOUTH 60 DEGREES 30'00" EAST FOR A DISTANCE OF 31.21 FEET TO A POINT; THENCE SOUTH 15 DEGREES 30'00" EAST FOR A DISTANCE OF 510.00 FEET TO A POINT; THENCE SOUTH 74 DEGREES 30'00" WEST FOR A DISTANCE OF 64.02 FEET TO A POINT; THENCE SOLJfH 25 DEGREES 00'00" WEST FOR A DISTANCE OF 85.78 FEET TO A POINT; THENCE NORTH 65 DEGREES 00'00 WEST FOR A DISTANCE OF 162.20 FEET TO A POINT; THENCE 320.42 FEET ALONG AN ARC TO THE RIGHT, HAVING A RADIUS OF 2250.00 FEET AND A CHORD OF 320,15 FEET AND BEARING NORTH 60 DEGREES 55'13" WEST TO A POINT; THENCE NORTH 56 DEGREES 50'26" WEST FOR A DISTANCE OF 325.26 FEET TO A POINT; THENCE NORTH 49 DEGREES 47'23,6" WEST FOR A DISTANCE OF 485.32 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING. FURTHER LESS & EXCEPTING FROM PARCEL 2 THE FOLLOWING DESCRIBED LANDS CONVEYED TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, BY SPECIAL WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 17502, PAGE 4216 OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA, TO-WIT: THOSE PORTIONS OF TRACT "Q", AVENTURA SIXTH ADDmON, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 120, PAGE 20, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, IN THE NORTHWEST ONE-QUARTER (N.W, %) OF SEmON 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, AND BEING MORE PARllCULARL Y DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID TRACT "Q"; THENCE ALONG THE WEST LINE OF SAID TRACT "Q", FOR THE FOLLOWING THREE (3) COURSES, (1) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 29.240 METERS (95,93 FEET); (2) THENCE NORTH 01 DEGREES 28'13" EAST, A DISTANCE OF 43.775 METERS (143.62 FEET); (3) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 82,872 METERS (271,89 FEET) TO REFERENCE POINT "A" AND THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST LINE, NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 27.432 METERS (90,00 FEET); THENCE NORTH 87 DEGREES 53'07" EAST, A DISTANCE OF 0,457 METERS (1.50 FEET); THENCE SOUTH 02 DEGREES 07'21" EAST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE SOUTH 87 DEGREES 53'07" WEST, A DISTANCE OF 0.457 METERS (1.50 FEET) TO THE POINT OF BEGINNING. AND COMMENCE AT THE AFOREMENTIONED REFERENCE POINT "A"; THENCE ALONG THE WEST LINE OF SAID TRACT "Q", FORTH FOLLOWING FIVE (5) COURSES, (1) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 27.432 METERS (90.00 FEET); (2) THENCE NORTH 14 DEGREES 48'10" WEST, A DlSTANCE OF 12.497 METERS (41.00 FEET); (3) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 15.246 MITERS (50,02 FEET); (4) THENCE NORTH 01 DEGREES 50'16" EAST, A DISTANCE OF 39.719 METERS (130.31 FEET); (5) THENCE NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 43,721 METERS (143,44 FEET) TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST LINE, NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE NORTH 87 DEGREES 53'01" EAST, A DISTANCE OF 0.457 METERS (1.50 FEET); THENCE SOUTH 02 DEGREES 07'21" EAST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE SOUTH 87 DEGREES 53'01" WEST, A DISTANCE OF 0.457 METERS (1.50 FEET) TO THE POINT OF BEGINNING. PARCEL 3: ALL THOSE CERTAIN PLOTS, PIECES OR PARCELS OF LAND, SITUATE, lYING AND BEING IN THE COUNTY OF MIAMI-DADE, STATE OF FLORIDA, AND DESCRIBED AS FOLLOWS: "QUADRANT 0" A PORTION OF TRACT "Q" OF "AVENTURA SIXTH ADDmON", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 120 AT PAGE 20 OF THE PUBUC RECORDS OF MIAMI-DADE COUNn, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE S,E, CORNER OF TRACT "R" OF SAID PLAT OF "AVENTURA SIXTH ADDmON"} SAID POINT BEING ON A CURVE CONCAVE TO THE N.E.; THENCE ALONG THE WESTERLY RIGHT- OF-WAY UNE OF WEST COUNTRY CLUB DRIVE FOR THE FOLLOWING THREE (3) COURSES; (1) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 4656,66 FEET AND A CENTRAL ANGLE OF 6 DEGREES 38'08" FOR 539,29 FEET TO A POINT ON SAID CURVE AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREINAFTER DESCRIBED; (2) THENCE CONTINUE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 4656.66 FEET AND A CENTRAL ANGLE OF 2 DEGREES 49'41" FOR 229,85 FEET TO A POINT OF REVERSE CURVATURE; (3) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 1275.14 FEET AND A CENTRAL ANGLE OF 9 DEGREES 32'14" FOR 212.25 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT; THENCE SOUTHEASTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 50,0 FEET AND A CENTRAL ANGLE OF 86 DEGREES 09'34" FOR 75.19 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT; THENCE SOUTHWESTERL Y ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5594 .58 FEET AND A CENTRAL ANGLE OF 1 DEGREES 00'20" FOR 98,19 FEET TO A POINT; THENCE N 45 DEGREES 02'32" W FOR 25.00 FEET TO A POINT ON A CURVE TO THE LEFT, SAID POINT BEARS S 45 DEGREES 02'32" E FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 5,00 FEET AND A CENTRAL ANGLE OF 125 DEGREES 32'55" FOR 10.96 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A. RADIUS OF 522.50 FEET AND A CENTRAL ANGLE OF 27 DEGREES 32'27" FOR 251.15 FEET TO A POINT OF TANGENCY; THENCE N 53 DEGREES 02'45" W FOR 0.31 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT; THENCE NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE lEFI HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 84 DEGREES 24'26" FOR 51.56 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 555.0 FEET AND A CENTRAL ANGLE OF 54 DEGREES 56'22" FOR 532.17 FEET TO A POINT ON SAID CURVE, SAID POINT BEARS S 7 DEGREES 29'11" W FROM THE CENTER OF SAID CURVE; THENCE N 29 DEGREES 58'54" EFOR 92.90 FEET; THENCE N 35 DEGREES 30'00" W FOR 31.98 FEET TO A POINT ON A CURVE TO THE LEFT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 110.0 FEET AND A CENTRAL ANGLE OF 25 DEGREES 00'00" FOR 48.00 FEET TO A POINT OF TANGENCY; THENCE N 29 DEGREES 30'00" E FOR 331.34 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 726.18 FEET AND A CENTRAL ANGLE OF 29 DEGREES 18'21" FOR 371.43 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE TO THE lEFT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 135.0 FEET AND A CENTRAL ANGLE OF 48 DEGREES 00'00" FOR 113.10 FEET TO A POINT ON SAID CURVE; THENCE N 60 DEGREES 00'00" E FOR 30.86 FEET TO A POINT ON A CURVE TO THE RIGHT, SAID POINT BEARS N 63 DEGREES 19'08" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 555,0 FEET AND A CENTRAL ANGLE OF 24 DEGREES 44'30" FOR 239.66 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT; THENCE SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 30.0 FEET AND A CENTRAL ANGLE OF 92 DEGREES 56'22" FOR 48.66 FEET TO A POINT OF TANGENCY; THENCE N 85 DEGREES 07'16" E FOR 87.61 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT; THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 30.0 FEET AND A CENTRAL ANGLE OF 64 DEGREES 25'24" FOR 33,73 FEET TO A POINT ON SAID CURVE; THENCE S 69 DEGREES 17'55" E FOR 25.0 FEET TO THE POINT OF BEGINNING. PARCEL 4: A PORTION OF TRACT "Q" OF AVENTURA SIXTH ADDmON, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 120, PAGE 20/ PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF TRACT "R" OF SAID PLAT OF AVENTURA SIXTH ADDmON, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 120, PAGE 20 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE NORTH 02 DEGREES 40' 32" WEST, ALONG THE WEST BOUNDARY LINE OF SAID TRACT "R" AND ALONG THE BOUNDARY LINE OF SAID TRACT "Q", FOR 116.48 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PROPERTY; THENCE CONTINUE NORTH 02 DEGREES 40' 32" WEST, ALONG THE PREVIOUSLY DESCRIBED LINE OF 700.65 FEET; THENCE SOUTH 87 DEGREES 19' 28" WEST, ALONG THE BOUNDARY LINE OF SAID TRACT "Q", FOR 239.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 42.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 123.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 20.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 74.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST, ALONG A LINE 42.00 FEET WEST OF AND PARALLEL WITH THE WEST LINE OF SAID TRACT "R", FOR 639.08 FEET; THENCE NORTH 86 DEGREES 44'34" EAST FOR 42.00 FEET TO THE POINT OF BEGINNING. ,~. .f EXHIBIT #4 01-SV-09 'Ai ;~ to-.. ~ -I' I" ll. PROPOSED WALL SIGN ,.!! '. ; " /' d!8. ~~ / . ",. " ../ _/-- EXHIBIT #6 01-SV-09 Existing Signage Outside Courtyard ... 01-$v'-o9. {1(.,-rb~P-..\S ~:-(. Q ~ APPLICANT REPRESENT A liVE AFFIDA vir Pursuant to SediOO 31.71(b~2)(i} of the City of Aventura Land Developmef1t Code, this Applicant Representative Affidavit is hereby made and submitted. The undersigned authorized representative of the Ifldlvidual 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 aU persons representing the individual or entity applylIlQ for the Development Permit in connection with ttle application, as followS: Name Relationship (i.e, Altomeys, Architects, Landscape Architttcts, Engineers. Lobbyists, Etc.) t'-\\\(E ~l>\\\\J~~ Af"C.-";te.-et-u~\ CO" ~u \ kr'\t ! i I I i ! t ~ J ? ~ { , 1 ~ ~ :-; ~ I i ~ I j 1 (Attach Additional Sheets If Necessary) NonCE: ANY STATEMENT OR REPRESENTATION MADE BY ANV PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPL VING 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 ~DAY OF -.e,Pf'\ \ ,200~ By: (Signature) (Signature) Name: Ao{Me.fo,)O ~,\ovC~:':Ire.1 t-l Name: (frint) (Print) Tille: :) . \l \(L Ft-'I'51 1M ,,~ Tille: Address--:-\\'-Vu- L~~,,+cJ ~(,<.y~ Address: c." \ \10. "",..If) \,os O~ Lj?iL ~, STATE OF ~~~ ) COUNTY OF MIAMI-DADE) f~l~ Il..L'~' Before me the undersigned authority personally appeared ~ ~O ~'\o\l~~ as the authorized representative f the Applicant andlor the owner of the property subject to the application, who being firsl uly sworn, di ear or he/she executed this Affidavit for the purposes stated therein and that it is true and correct. NT: OWNER SWORN TO AND SUBSCRIBED BEFORE ME this 1 day of ~.,:\ I A IANT ,2003 rJl.b'L~ 1(._ ~lV\V Notary Public State of Fl.efids At Largac :c Printed Name of Notary ~.l:'-. ,~'V~( My commission expires: '6'. ~ \ L.. ,"",\'~''''''...., /;~,', .~, "..P~'~' f? .,;/ L ; --:;- :':';.-: *,) . '-, ','~ Debla K. HennOS'/ Notary Public S~de ot Ohio ,r' ,'~,;J'ii:';.iresAug. /:), 2012 ~ - ""r.....~ BUSINESS RELATIONSHIP AFFIDA vir This Affidav~ is made pursuant to Section 31-71(o}{2Xii) of the City 01 Awmtura Land Development Code. The undersi9ned Affiant hereby discloses that (mar1l. with 'x' applicable po.1ioos only) ~. Affiant does not have a Business Relationship with any member 01 the City CommisslOl1 or any City Advisory Board to which the applicalioo wiU 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 I'rtlich the application wiU be presented, as foUows: (Ust name 01 CommisSioner or Advisory Board Member) who serves on the (Ust City Commission or City Advisory Board upon which member serves). t i r i I I t t j ! l ~ t i * 1 The nature of the Business Relationship is as follows [ J i Memller of City Commission or Board holds an ownership interest in excess 011 % of total assets or capital stock of AppliCant or Representative; [ I ii. Member of City Commission or Board is a partner, oo-shareholder (as \0 shares of a COl'p:lratioo which are not listed on any national or regional stock exchange) or jOtnt venturer with the Applicant or Representative in any business venture; [ ] iii. The Applicant or Representative is a Client of a member 01 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 City Commissioner or Board member is a Client cI the Applicant or Representative: I ~ 1 1 I .t I '1 ! [J 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 Representa1ive in a given calendar year. WITNESS MY HAND THIS iL_ DAY OF ~ Y-. \ 2005 (Signatlife) (Print) (Print) WITNESS MY HAND THIS _ DAY OF .2(Xt. PROPERTY OWNER: (Signalilre) __(Print) (Pm!) By: Name: Title: 'The terms ''Business Relationship,' "Client,' "Customer," "Applicant.' "RepresentatIVe" and "Interested Person" are defined in Section 2-395 of the Aventura City Code. ;2 I ~ j I f WITNESS MY HAND THIS ~t~ DAY OF ~ Ap("'; \ ,200~ REPRESENTATIVE: (Listed on Business Relationship Affidavit) By:~a ~ (Signature) By: (Signature Name: HI~ '5u1l.vA,..J (Print) Name: (Prim) Title: Arc:.~;\k.~ u~\ ~JI{Print) Title: {Print} By: (S~qnature) By: {Signature Name: _(Pril1t) Name: {Print} Tifle: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Title: (Print) Tille: (Print) Tille:_. (Print) Title: (Print) By: (Signature) By: (Signature Tille: (Print) Title: (Print) Tille: (Print) Title: (Print) By:__ (Signature) By: (Signature Title: (Print) Title: (Print) Title: (Print) Tifle: (Print) ~ NOTE: 1) Use duplicate sheets if disclosure information for Representative varies ~i ~ f i I " ~ } ] I 2) r\pplicants 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 Af1idavit becomes incorrect or incomplete. ("'\-d ~, STATEOf~ ) COUNTY OF M~E) r.\\....t~...t- \.1 "', Before me, tile undlll'Slgned aulhonly, pet'SOI1al!y appeared f2",,(~.~\\AIf~ Affiant \\M executed thiS Affidavit iJr the purp0se6 stated tIletein and that it is true and cocrect. NOT ARIZA nON PROVISION AFFIANT SWORN TO AND SUa~RIBEO before rroe tIlis !:L day of PYE ~L., ZOO j _ '\~,;;.Jj.1.'';'.'''0 ;j^ L - \i. \ I I..r i' '<.~~ _<"""'" VJ."""'---.iL- \ ~" i "1:,,... C, _,',., ',., ".' ' '"..:" , ", No, lory Public ~ry Public State 01 FloAlla At Lar~y ,..r";"_':d_~,,, $' fOh' ~bY'~'-I- ~.\tV\'\'"},,-,-+- . ~ i " ~. , '"al~ o. 10 Printed Name of Notary . ~:'" " ",(o.,"-,'-,nExp:rasAug,6,2012 My commission expires: % V. \2- ~~;.:~...,..,~."._. -------~------ ._----------~-----_._--"--_._~--- did swear Cl affirm thal owe STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) 8eiJre me. the undersigOOd authority. persooally appeared t-\ ,-.cE SU I" II A ,..,)._ the Affiant who beiI1g first by me duly sworn. did swear Cl affirm that hwe executed this AlfidaW for !he purpose& stated there4n and lhat ~ is true 8fld correct ~ _ 4 AFFIANT SWORN TO AND SUBSCRIBED before me thIS ~ d~y of ~L.. 200j ., STATE OF FLORIOA ) COUNTY OF MIAMI-OADE) Before me. the undersigned aulhoIily, person1!lly appeared --- executed this Affidavit for the purposes slated therein and lIlat ~ is true and correct. the Affiant who being first by me duly sworn, did swear Cl affinn ilia! helshe 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. !he undefsigned authority, pel'Sonallyappeared ..______. _________ the Affiant who being nlSt Oy me duly swcm, did swear Cl affinn tIlar he/she eXeaJted !Ius AffidaVIt tor !he purposes staled !herein and tIlal rt ~ true and COfroct AFFIANT SWORN TO AND SUBSCRIBEO befCl8 me l!1is .__ day 01_.__. .200 Notary Public State at Flolida At Large Printed Name of Notary My commISsion exp!(tlS: ~L . ;j."i; t. n o. i~~ i~; :~iil ti~ $e~ =!i z. ll" ! .$0 i~1 ;:" z ." o < m '" ,. ,... ,... m X .... m '" is '" '" .... o '" m ." '" o z .... m ,... m < ,. .... is z CQ \ )I) @ \ \ lID \ c;>> ~ 0-- \ / \ /' ).: \ , /\ ~ / ~ ~ / ~ ID ~ ~ )> )> m!!lo ~~:s ~~; o~ 5~~ ~o~ ..~? O)~ ,.m", , ~ ::!~i!= oi ~~.... ;; ~ )> .... ~~t::~ 0500239 SECRET ~ PROJECT IHFORMATION: ! VICTORIA'S "~ AVENTURA MALL I ~:;g; :11~~NE BLVO !':' "'VENTURA, rL 33180 SCOPE: RELOCATION/EXPANSION I PACKAGE: DESIQN TYPE; rORU~ A1 GUI[RATlON: ~ LSDa;C PROJECT ,; 00049181 AlE PROJECT ,: PACKAG( 1 091$0 07640 --@ ---@ j ~ '-1--8 ! ! I - J-0 I~k:) , I -@ - -----@ - ----@ !i.\ -rv --@ ~ .--0 Limited fif( ,If I' if , I ~ t f~~n ~p~ ~. ~I" .~; ~ ~8 ~ -~~~ .. ~p m )< ... m ::0 o ::0 '" ... o ::0 m ." ::0 o Z ... "0 ~ ::0 ... ;: .... "0 .... ~ Z c$P j~;=n;()! I ClIIl'"ilij;l ,.. r! ... JIil~!:i;~J oi~~ ..~i ~ 0 ~.("to~n6-4 ~ -4;:i~mizO 0 J:~""o;i1t~ . ~ !j;i~ag; i :~ii;i~i lil;KI~'~. S ~"'~;R 0_6 n~.1 illh ~ Ill> 1I\6~a il :C~;;ii!! ! o~~ ill ;; liE ~ )> l> Ul ~~~~ m"'m 1J:~i 0 ""0)< ~~rri ~., ~;;: <Xl ~"'::o "'::0- ~ so ~ 000 OJ zz::O i~~~ ... t----- 17'-O'FI~lfL""" MQ11~~T~"'" ~'-~' :.~N~::F~f~ \ \ ~~~ zO. ih . '. ~.. ~O. .a~ an< 'lI"~ .~~ ili~i ~:<. .3~ ~ol 5J;: . \ - ---@ I - ---@ , 1.:\ ~-~ I ~ 11"- 11"- - ---@ --@ J1'-o'FI~lFl<Xfl IICIl'N",",Tun B'--\.' ~r:.::~~~~ 1~.I,f.) ~ ! VICTORIA'S A VENTURA MALL SPACE #1699 19501 BISCAYN[ !llVO AVENTURA, rt. ,SJI80 Iii! .Ili if .. l ~ [ -~.~- !*l~~~ ~~~-l ~Fh" o"'~s~ i~ ~ -6F "~ PROJECT INfORMATION: SECRET SCOPE' RELOCATION/EXPANSION I PACKACE, DESIGN TYPE: FORU'" A 1 GE:NERATlON: LSOAC PROJECT ,: 0004918: Alt PROJECl , Limited m )< .... m '" 5 '" <Jl .... o '" m ." '" o z .... ... ,. '" .... :;; r- ... r- ,. Z @~@@@@ i ~i F ~e t " i ~. ;1 :l i ~ pHiH . ~ . p . . ~ ~ ~ t J ~ ~ :: ~ ~ ~ ~ @ 'B~ * mw ee~ I ~~ ~ l! e~ . ~', !H pi i ~ I ~ l . )> @ I ! @ @ ~ @ 3 @ m ~~ ~~i 3Jl ~im i~3H G i i~ ~ UH .I'i!~ ~.I~! ~I~ ~. ~~~ ~U ~~~~ ;~~!: ~~I U ~i~ ~~I ~h~~ I~: ; ~iE"E ~."'," 5" .~' h~ ~9 ~~ ~~~ !II~E ~I~ S'" ~ ~'j" .H "I' il li ~i~ ~~ ~~U! ~h I. ! .~~ !n' ~i~l ~~ c>e>~~ ec ..,....~ti i n~ q ~ I ~ i lH~,~~ 1 I J ji ~ , il I ~ ~ I ~~ I I ~ . · ; ~ ~ n ~ . . i ~ n j! .; I * I . ! l I I G ~B~ ~~~ ~~~ 5c' h~ ~i ~I e 8 Gee anqn ; ;1 ii ~5 5 ~ i~ .~ .~ ~ a f~ :1" ::I~ " " 8nHl H h ~i ii @~ ~~ ! ra ...s .... is e! ~. ~. ~:~I~I ,.. EC'lmn i ~~~~ n .-4100oi ;J g~!:g ~ g~~~ ~~~~ g::l~~ ~lioool;;l I~i~ ~!~;. !U~ hQj .!I~ ~ ~ ~ ~ !l ~ o ~ ! / / @ @ C!>---- - __ @ o l i i . i ~ ?ill *$ II , ~ i i j i ~ ~*@~ @ Ii q~! ~ ~ h!i l . - i~ j IIU ~~ L ~ '!! <I J: ~ fi ~ I i ~ U"~ ~ PROJECT INFOlh4"TlON: 0500239 )> <Jl all; .... ,! VICTORIA'S SECRET 0 0 ~~;~ " . ~ AYENTURA MAll ex> m " .... SP"'CE 11699 iii] '9~1 BISC~YNE ElLVO '" Z. :: ~ AVENTURA, rL 331110 '""" 0 \, () z ii~~ SCOPE, RELOCATION/EXPANSION I PACKAGE: PACKAGE I .... D[$IGN TYPE: rORU" Al GeNERATION: 09150 LSOI:C PROJtCl I' OOO~9181 AlE PROJECT # 07640 I ,I t--- ,,., ,,~, n~ l,' ."..".. T-' 1-"'; ''''",1C' " m '" ... ~ci ":1: "m Zm ...'" m '0 ...,. 0" ::em m." ",. ...0 m... \ <10 ml" ...~ ;z:: ...~.. omm ::e Z ~m~: lt~:~ <z" m"'< ""<1 I"-~' f'lI5f fL.OQl ~TINCONTT1.1oCl ~'+~' :~;~~, IV_l,F.) ---@ --@ --@ --@ --4) ;: % ~-~-~----@ Limited ----0 lii~ ,Iff !l ., I ~ r "~"~~ f~~p Il~~.~ ~f;ii' Di~l~ h.a~ -6~pl o~ i ~IH~II~~ 'Ii~ UW I~!; U! :IE :> ... ~,~~( 0 ~~l ,~.~i ~tl! :~I ... .~ .~ ~ 'ii !.I~~ 'Ii~ i=l x !i~n I; ! m ~ , ~'i'l ~> ij , :> '0 0 p" o~n q'"11 <:> iUU;;j i;E I' "'.1 ~Il I; ! m ~!~~ I ~g~'I.I,i @ g ! H~ ~I~ il! ~.! I ~l ~~ lJl . ,5 , ~ 0 2 .. ~, .... I E!~ ~~ I_ i "lil 0 OJ i II~ I c: u iii~ ;= i i <:> 0 ji I c: .... ~~ jU ~ ~ ,~ ~ " .... Ci :> ... lJl m () .... o z :> .... m X .... m " o " lJl .... o '" m 'T1 '" o z .... ~ '~ ' . !<:jlI-;'- :;-1>'" zSS '- < m " .... Ci :> ... lJl m () .... o z :> .... m X .... m '" o '" :IE :> ... " :IE :> -< , L< ~u. ~ . , ~ ~ U Ii o , ~ ;,., t'l. ~s m < m '" .... Ci :> ... lJl m () .... (5 z :> .... m X .... m '" o '" lJl .... o '" m 'T1 '" o z .... ~ o -rr Eoi ii------; ~21:; I ,im> IL_ .,~~.. .. .r: _ --I, "hod i:e- ..'i -\c-I' gi~.1 '!~ .....'" I r/ ._j~u a ~ L_- I"I! . ! i ; j"i:n n !! .' ~ ~ 8 !I. !i i~1 ;1 ~ PROJECT INFo,",nON, 0500239 ~!. VICTORIA'S SECRET ;: AYENTURA MALL i ~::~~ ~~~~~M[ BLVD '~ ~ "vENTURA. n 33180 SCOPE: R(LOCATlON/[XPA~SION I PACKAGE . OESIGN TYPE, fORUM A1 GEMERAnol'l: ~ tSoa:c PROJECT I: OOO~9181 "If. PROJECT' )> :1> o (X) 0) ~~~ lJl U" mOd ~e:~ ....,;) "~~ :>!l: ~~ nZ Z ~ ~~ ;::: --. f€~~ PACKAGE 1 0'9150 07f>4Q i~" ~S~F i~g; ji! ~ ill~~.i i~ji ~I' hg ,~~~~ iel'I" ~ ,~ h'~~ ~gp ~ I~! ~*i ~~~J , if Ih I g" 'i'l I~. ~~! J'ltdl ~~ ~ . t g: n~ ~!~~" i~~" ii! ~ ~ill~~.l i~~l !~~ . hg .~~~~ I~~~' i'~ ~ 'i ~.,~~ ~~~ i~ !~~ ~~i;l ~;!I til lIE I!ell'i!l, h ~~! .'~ 1,1 ~a t ~ ' i, f ~~ Limited :IE :> ... ... ~o ~~ ~. ~~ \" ~ BU; IUm~n ;~II d~ ~U A'S '"h d I; ~~ (J) ~ " ! ;;~ .~ I~ ~. -:~ X m :> <:> @ !I: o lJl :> Ci .... ;= m '11 ~~I~ ~ or Ii U !~ m .~ ~ , ~ !~m~n :i . n~: h~ ; i 5il~' .~~ ~ 3: ~~ ~I I~ ! .. ~i 'i ! :IE :> ... ... n ~I~ ~ ~<ii!~ ~ji g ~ i~i ~ ; !i i" ~ i 8~~ i !~h IU I 2 l~~o ~! ~ !U~ ~I ~ I.tg if g m~j~-Jh r ~~&~ j; m ~qu I : d ~ :> Ci .... F m OJ :> lJl m c w ~ IU I~~; E~~ ~. ~ d f!i( ,If," u .. I ~ r ~~~. .~~. h~~ ~~~I g~~~ ~~. -o~ " o ,,/~\,/t"" , Ii Ur !I ~ ~ !~~~ / ~ '" ~ h~ / .:?-:\ a1 k ~ ~ ;~~ ~ -'o~!i~ ~I:m J!l ',: ~ 1 ,e I !ll I!I \~il II !jli~ Ii il: i ~ Ii Ii IW '\ P ; ;: t~ ~~ ~ ~ /1; '-- ~ / '" 1\ ~ -~ I\. ~R riSi i ~' : li~", i ~i '~~ z I I: \!E) ~ I I I Cl . 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V I oZ / ~ i ~ ofl . ~~ d I! i > ,~~i~ o~ f ' I d ! ~it{ ~Il ! h ; : / ~p; d H! · bn h / ~ · ~I d iI' hn ~ ~ .."" ~ g ~ ~~ h ~ 5 i~ i \"3 g ~ I h ~ 5 i \"3 i ~ i ~ ~, 6 i~. · i ~ ", I' · " " . ~" I / / .."" )' ~- """ ~ PROJECT '",OR.,no", 0500239 ;;=.-:;;.:i!.~"""':+:;".,"ii:::.:,\"",''''':t L,'ml'ted fill m~~ I VICTORIA'S SECRET ~t.::::.::::~::=::.=::.. .Jf" ~b~ '~:,:~~rJ,~~A MALL ~:'1~.:;.Pj;:..@:~:;:.i_j!:"'..,.. u I ~~Ii; i 19501 8ISC.......N( BLVD .."""""""......-..-""'."'....M_...".."" .. . I';; ....~~ !o:' ",VENTURA, FL .3JllIO IJt~~~~~Ew'- ~ I ~I_~a.~ SCOPE: RElOCATION/EXPANSION I PACKAGE: PACKAGE 1 'r ~~~~ ~b;~CT I: FO~~~~I~: ;~~[~~gJ;~T' g~~;~ ~ i a~ f~~" , ~t ~ /Ii, '/~ ~ ~ ~ / I~r~'~~ V [;~ ~ I t~ j ~~ '~~ ~ '" 1'"r 'c H' / ~ Ll I I /-.----""" ~ ~jJV!iil ~il ~ i ; ;" ^~ · i ~ ~ ~ " . i F rl ".' " ~ t '\~-~ ] i z rtti I ~ ~ 1\_ ~n m o : ~ Ob / :;; < ~ "'''' '" en ,\-1>: > en ~/ .... '" ;. '" ~ ~ r . ( fX 0:- - < ~~ ~ m :r :} ~/i ~ ~ ~ E~ i: tAt!: i V~!'!'i!l: 2i-t ~ I I~ Iii: ~I~ 4,-~ ~~ ""if ~I~ P7 t--.p-- ~ R ~ l,.'- ~ 7\ ~ .~ I~!~ i~ ~~ i '\ Ii II i! Ii Ii ! ~ ~\ t / ~ ~ +-~ ~p i ~ ;1~1"" ~ ~I ~~ ~ I ~~ !- . a: ~r ~I =~ q ~~ i~ ".~ ~ ~; 7 · z o .... c '" '" o , , )> '" ~~ l> ..., ~i ! 0 ~o 0 '" ~ '" ex> 'T1 .. <0 0 ~~lJi~ z ..., I I 'J- J i ,- --, - "'W I ~, ~'-..,.-:"'/-.-,1 l/i 1'!I"1 ! ; Ii! ~!H in~ I ; ~ ~; ~~~ ; -t Bi , ' I ~~ I g ~ h ~ i I h ~! i g ~t f ~g il~ ~ i u J~ ij! ~ l~ 1lI!!I I" il ai .1 !o . ~I " ~. I- r ' -'- - ~~~ i'l ~~A ~~ RESOLUTION NO. 2009- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING SIGN VARIANCE TO PERMIT A 39 SQUARE FOOT EXTERIOR WALL SIGN ON THE TOWER FEATURE AT THE COURTYARD AT THE AVENTURA MALL, 19501 BISCAYNE BOULEVARD, AVENTURA, FOR AN INTERIOR MALL TENANT OCCUPYING LESS THAN 100,000 SQUARE FEET OF TENANT SPACE WITHOUT DIRECT EXTERIOR ACCESS; WHERE SECTION 31- 191(g)(8)b. OF THE CITY CODE PERMITS WALL SIGNS ONLY FOR 100,000 SQUARE FOOT OR MORE TENANTS AND FOR TENANTS WITH DIRECT EXTERIOR ACCESS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned B2, Community Business District; and WHEREAS, the Applicant, Limited Brands, through Application No. 01-SV-09, has requested a sign variance to permit a 39 square foot exterior wall sign on the tower feature of the courtyard at the Aventura Mall for Victoria's Secret store; an interior mall tenant occupying approximately 19,000 square feet of tenant space without direct exterior access, where Section 31-191 (g)(8)b. of the City Code allows exterior wall signs only for tenants occupying 100,000 square feet or more of tenant space and for tenants with direct exterior access; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances to the extent the application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Resolution No. 2009- Page 2 Section 1. Application No. 01-SV-09 for Sign Variance to permit one 39 square foot exterior wall sign on the tower feature at the courtyard of the Aventura Mall, on property legally described in Exhibit "A" to this resolution is hereby granted, subject to the condition that the sign must substantially comply with the plans submitted with the application, as follows: . Limited Store Planning Inc., Victoria's Secret Store No. 0500239, Aventura Mall, Cover Sheet AOO.O, issued 1/2/09, revised 02113/09, signed and sealed; . Limited Store Planning Inc., Victoria's Secret Store No. 0500239, Aventura Mall, Overall Storefront Elevation, Sheet A08.0A, issued 1/2/09, revised 02113/09, signed and sealed; . Limited Store Planning Inc., Victoria's Secret Store No. 0500239, Aventura Mall, Exterior Storefront Elevation, Sheet A08.1 B, issued 1/2/09, revised 02113/09, signed and sealed; . Limited Store Planning Inc., Victoria's Secret Store No. 0500239, Aventura Mall, Exterior Storefront Elevation, Sheet A08.1 C, issued 1/2/09, revised 02/13/09, signed and sealed; . Limited Store Planning Inc., Victoria's Secret Store No. 0500239, Aventura Mall, Storefront Details, Sheet A08.6, issued 1/2/09, revised 02113/09, signed and sealed; . Limited Store Planning Inc., Victoria's Secret Store No. 0500239, Aventura Mall, Storefront Details, Sheet A08.9, issued 1/2/09, revised 02113/09, signed and sealed. Section 2. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by , who moved its adoption. The motion was seconded by , and upon being put to a vote, the vote was as follows: Commissioner lev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez-Weinberg Mayor Susan Gottlieb Resolution No. 2009- Page 3 PASSED AND ADOPTED this 14th day of April, 2009. Susan Gottlieb, Mayor ATTEST: Teresa M. Soroka, MMC, City Clerk APPROVED AS TO LEGAL SUFFIClr\ CITY ATTt:Ji J'w\ 4-0 This Resolution was filed in the Office of the City Clerk this _ day of ,2009. CITY CLERK EXHIBIT" A" LEGAL DESCRIPnON PARCEll: TRACT "Ru, OF "AVENTURA SIXTH ADDmON", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 120 AT PAGE 20 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. PARCEL 2: A PORTION OF TRACT "Q" OF "AVENTURA SIXTH ADDmON", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 120 AT PAGE 20 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, DADE COUNTY, FLORIDA; THENCE NORTH 87 DEGREES 27'29" EAST, ALONG THE NORTH LINE OF SAID SECTION 3 FOR 875.83 FEET TO A POINT ON THE CENTERLINE OF AVENTURA BOULEVARD AS SHOWN ON SAID PLAT OF "AVENTURA SIXTH ADDmON"; THENCE SOUTH 02 DEGREES 32'31" EAST FOR 73.00 FEET TO A POINT ON THE NORTH liNE OF SAID TRACT "Q"; THENCE SOUTH 87 DEGREES 27'29" WEST, ALONG THE NORTH LINE OF SAID TRACT "Q" FOR 12.60 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 89 DEGREES 35'24" FOR AN ARC DISTANCE OF 78.18 FEET TO THE POINT OF TANGENCY BEING ON THE WESTERLY LINE OF TRACT "H" OF "AVENTURA FOURTH ADDmON", ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 116, PAGE 34, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE SOUTH 02 DEGREES 07'55" EAST ALONG THE WESTERLY LINE OF SAID TRACT "H" FOR 423.52 FEET; THENCE NORTH 87 DEGREES 52'05" EAST FOR 26.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED TRACT OF LAND; THENCE NORTH 87 DEGREES 52'05" EAST FOR 148.00 FEET; THENCE NORTH 42 DEGREES 52'05" EAST FOR 56.57 FEET; THENCE NORTH 02 DEGREES 07'55" WEST FOR 31.63 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 325.00 FEET AND A CENTRAL ANGLE OF 72 DEGREES 28'48,8" FOR AN ARC DISTANCE OF 411.13 FEET TO THE POINT OF TANGENCY; THENCE NORTH 70 DEGREES 20'53.8" EAST FOR 122.00 FEET; THENCE NORTH 25 DEGREES 20'53.8" EAST FOR 58,66 FEET; THENCE NORTH 2S DEGREES 53'40" WEST FOR 94,96 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT "Q", SAID POINT ALSO BEING ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST AND BEARS SOUTH 21 DEGREES 19'21" EAST FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, AND ALONG THE NORTHERLY UNE OF SAID TRACT "Q", HAVING A RADIUS OF 1505.40 FEET AND A CENTRAL ANGLE OF 04 DEGREES 34'19" FOR AN ARC DISTANCE OF 120,12 FEET; THENCE SOUTH 25 DEGREES 53'40" EAST FOR 117.40 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST AND BEARS NORTH 46 DEGREES 09'58" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CIRCULA~ CURVE TO THE RIGHT HAVING A RADIUS OF 500,00 FEET AND A CENTRAL ANGLE OF 65 DEGREES 24'26" FOR AN ARC DISTANCE OF 570.78 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 125.00 FEET AND A CENTRAL ANGLE OF 23 DEGREES 10'58" FOR AN ARC DISTANCE OF 50.58 FEET; THENCE SOUTH 13 DEGREES 08'55" EAST FOR 10.62 FEET; THENCE NORTH 76 DEGREES 51'05" EAST FOR 342.85 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 81 DEGREES 39'40" WEST FROM THE CENTER OF SAID CURVE; THENCE SOIJTHEASTERL Y ALONG THE ARC OF SAID ClIRVE TO THE LEFT HAVING A RADIUS OF 810.00 FEET AND A CENTRAL ANGLE OF 04 DEGRE!:S 48'35" FOR AN ARC DISTANCE OF 68.00 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 13 DEGREES 08'55" EAST FOR 469,40 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 111.00 FEET (THE LAST EIGHT (8) COURSES BEING ALONG THE BOUNDARY OF SAID TRACT "Q"); THENCE SOUTH 02 DEGREES 40'32" EAST FOR 42.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 123.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 20.00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 74.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 639.08 FEET; THENCE NORTH 86 DEGREES 44'34" EAST FOR 42.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 116.48 FEET; THENCE NORTH 81 DEGREES 11'29" EAST FOR 294.34 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 81 DEGREES 11'29" WEST FOR THE CENTER OF SAID CURVE, SAID POINT ALSO BEING ON THE EAST LINE OF SAID TRACT "R", AS SHOWN ON SAID PLAT OF "AVENTURA SIXTH ADDmON"; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT AND ALONG THE EAST LINE OF SAID TRACT "Q", HAVING FOR ITS ELEMENTS A RADIUS OF 4656,66 FEET AND A CENTRAL ANGLE OF 6 DEGREES 38'08" FOR 539.29 FEET; THENCE NORTH 69 DEGREES 17'55" WEST FOR 25,00 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, SAID POINT BEARS SOUTH 69 DEGREES 18'08 EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 64 DEGREES 25'24" FOR AN ARC DISTANCE OF 33.73 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 85 DEGREES 07'16" WEST FOR 87.61 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 30.00 FEET AND A CENTRAL ANGLE OF 92 DEGREES 56'22" FOR AN ARC DISTANCE OF 48.66 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 555.00 FEET AND A CENTRAL ANGLE OF 24 DEGREES 44'30" FOR AN ARC DISTANCE OF 239.66 FEET; THENCE SOUTH 60 DEGREES 00'00" WEST FOR 30.86 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, SAID POINT BEARS SOUTH 79 DEGREES 11'39" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 135,00 FEET AND A CENTRAL ANGLE OF 48 DEGREES 00'00" FOR AN ARC DISTANCE OF 113.10 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE lEFT HAVING A RADIUS OF 726.18 FEET AND A CENTRAL ANGLE OF 29 DEGREES 18'21" FOR AN ARC DISTANCE OF 371.43 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 29 DEGREES 30'00" WEST FOR 331.34 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 110.00 FEET AND A CENTRAL ANGLE OF 25 DEGREES 00'00" FOR AN ARC DISTANCE OF 48,00 FEET; THENCE SOUTH 35 DEGREES 30'00" EAST RADIAL TO THE LAST DESCRIBED CURVE FOR 31.98 FEET; THENCE SOUTH 29 DEGREES 58'54" WEST FOR 92.90 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST, SAID POINT BEARS SOUTH 07 DEGREES 29'11" WEST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERL Y AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 555.00 FEET AND A CENTRAL ANGLE OF 54 DEGREES 56'22" FOR AN ARC DISTANCE OF 532.17 FEET TO A POINT OF REVERSE CURVAnJRE; THENCE NORTHEASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 35.00 fEET AND A CENTRAL ANGLE OF 84 DEGREES 24'26" FOR AN ARC DISTANCE OF 51.56 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 53 DEGREES 02'45" EAST FOR 0,31 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 522.50 FEET AND A CENTRAL ANGLE OF 27 DEGREES 32'27" FOR AN ARC DISTANCE OF 251.15 FEET TOA POINT OF REVERSE CURVATURE; THENCE SOUTHEASTERLY AND SOUTHWESTERL Y ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5.00 FEET AND A CENTRAL ANGLE OF 125 DEGREES 32'55" FOR AN ARC DISTANCE OF 10.96 FEET; THENCE SOUTH 45 DEGREES 02'32" EAST FOR 25.00 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT "Q", SAID POINT ALSO BEING ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTH AND BEARS SOUTH 11 DEGREES 34'12" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT AND ALONG THE SOUTH LINE OF SAID TRACT "Q" HAVING A RADIUS OF 5594.58 FEET AND A CENTRAL ANGLE OF 04 DEGREES 13'04" FOR AN ARC DISTANCE OF 411.84 FEET; THENCE SOUTH 73 DEGREES 10'52" WEST ALONG THE SOUTH LINE OF SAID TRACT "Q" FOR 193.18 FEET TO A POINT ON THE ARC OF A ORCULAR CURVE CONCENTRIC WITH THE LAST DESCRIBED CURVE, SAID POINT BEARS SOUTH 05 DEGREES 2't'45" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5629.58 FEET AND A CENTRAL ANGLE OF 01 DEGREES 01'21" FOR AN ARC DISTANCE OF 100.46 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 06 DEGREES 00'16" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 1070.17 FEET AND A CENTRAL ANGLE OF 27 DEGREES 09'18" FOR AN ARC DISTANCE OF 507.20 FEET TO THE POINT OF TANGENCY; THENCE NORTH 56 DEGREES 50'26" WEST FOR 488.24 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 1221.67 FEET AND A CENTRAL ANGLE OF 23 DEGREES 12'04" FOR AN ARC DISTANCE OF 494.70 FEET; THENCE NORTH 11 DEGREES 19'21" WEST FOR 10,69 FEET; THENCE NORTH 09 DEGREES 46'52" EAST FOR 73.41 FEET TO A POINT ON THE ARC Of A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 09 DEGREES 46'52" WEST FROM THE CENTER OF SAID CURVE; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 275.00 FEET AND A CENTRAL ANGLE OF 78 DEGREES 05'13" FOR AN ARC DISTANCE OF 374,79 FEET TO THE POINT OF TANGENCY; THENCE NORTH 02 DEGREES 07'55" WEST FOR 200.00 fEET; THENCE NORTH 47 DEGREES 07'55" WEST fOR 56.57 FEET; THENCE SOUTH 87 DEGREES 52'05" WEST FOR 148.00 fEET; THENCE NORTH 02 DEGREES 07'55" WEST FOR 90.00 FEET ;THENCE NORTH 87 DEGREES 52'05" EAST FOR 148,00 FEET; THENCE NORTH 42 DEGREES 52'05" EAST FOR 56,57 FEET; THENCE NORTH 02 DEGREES 07'55" WEST FOR 283.37 FEET; THENCE NORTH 47 DEGREES 07'55" WEST FOR 56,57 FEET; THENCE SOUTH 87 DEGREES 52'05" WEST FOR 148:00 FEET; THENCE NORTH 02 DEGREES 07'55" WEST FOR 90.00 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE FOLLOWING PARCEL OF LAND: A PARCEL OF LAND LYING IN SEmON 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI -DADE COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, MIAMI-DADE COUNTY, FLORIDA; THENCE NORTH 87 DEGREES 27'29" EAST, ALONG THE NORTH LINE OF SAID SECTION 3 FOR 875.83 FEET TO A POINT ON THE CENTERLINE OF AVENTURA BOULEVARD; THENCE SOUTH 02 DEGREES 32'31" EAST FOR 73,00 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF AVENTURA BOULEVARD; THENCE SOUTH 87 DEGREES 27'29" WEST ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE A DISTANCE OF 12.60 FEET TO A POINT; THENCE 78,18 FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET AND A CHORD OF 70.45 FEET BEARING SOUTH 42 DEGREES 39'47" WEST TO A POINT ON THE EASTERLY RIGHT-Of-WAY LINE OF STATE ROAD NO.5 (U.S. HIGHWAY NO.1), AS SHOWN ON THE PLAT OF "AVENTURA FOURTH ADDmON", AS RECORDED IN PLAT BOOK 116, PAGE 34 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE SOUTH 02 DEGREES 07'55" EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE FOR A DISTANCE OF 1320.72 FEET TO A POINT; THENCE NORTH 87 DEGREES 52'05" EAST FOR A DISTANCE OF 435.30 FEET TO THE PRINOPAL POINT AND PLACE OF BEGINNING OF THE FOLLOWING DESCRIPTION; THENCE NORTH 74 DEGREES 30'00" EAST FOR A DISTANCE Of 170.36 FEET TO A POINT; THENCE NORTH 15 DEGREES 30'00" WEST FOR A DISTANCE OF 18,00 fEEt TO A POINT; THENCE NORTH 74 DEGREES 30'00" EAST FOR A DISTANCE Of 491.43 FEET TO A POINT; THENCE SOUTH 60 DEGREES 30'00" EAST FOR A DISTANCE OF 380.10 FEET TO A POINT; THENCE SOUTH 29 DEGREES 30'00" WEST FOR A DISTANCE OF 6.62 FEET TO A POINT; THENCE SOUTH 60 DEGREES 30'00" EAST FOR A DISTANCE OF 94.67 FEET TO A POINT; THENCE SOUTH 29 DEGREES 30'00" WEST FOR A DISTANCE OF 78.54 fEET TO A POINT; THENCE SOUTH 60 DEGREES 30'00" EAST FOR A DISTANCE OF 31.21 fEET TO A POINT; THENCE SOUTH 15 DEGREES 30'00" EAST FOR A DISTANCE OF 510.00 FEET TO A POINT; THENCE SOUTH 74 DEGREES 30'00" WEST FOR A DISTANCE OF 64.02 FEET TO A POINT; THENCE SOUTH 25 DEGREES 00'00" WEST FOR A DISTANCE OF 85.78 FEET TO A POINT; THENCE NORTH 65 DEGREES 00'00 WEST FOR A DISTANCE OF 162,20 FEET TO A POINT; THENCE 320.42 FEET ALONG AN ARC TO THE RIGHT, HAVING A RADIUS OF 2250,00 FEET AND A CHORD OF 320.15 FEET AND BEARING NORTH 60 DEGREES 55'13" WEST TO A POINT; THENCE NORTH 56 DEGREES 50'26" WEST FOR A DISTANCE OF 325.26 FEET TO A POINT; THENCE NORTH 49 DEGREES 47'23.6" WEST FOR A DISTANCE OF 485.32 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING. FURTHER LESS 8r. EXCEPTING FROM PARCEL 2 THE FOLLOWING DESCRIBED LANDS CONVEYED TO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, BY SPECIAL WARRANlY DEED RECORDED IN OFFICIAL RECORDS BOOK 17502, PAGE 4216 OF THE PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA, TO-WIT: THOSE PORTIONS OF TRACT "Q", AVENTURA SIXTH ADDmON, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 120, PAGE 20, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, IN THE NORTHWEST ONE-QUARTER (N.W, 114) OF SEmON 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID TRACT "Q"; THENCE ALONG THE WEST LINE OF SAID TRACT "Q", FOR THE FOLLOWING THREE (3) COURSES, (1) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 29,240 METERS (95.93 FEET); (2) THENCE NORTH 01 DEGREES 28'13" EAST, A DISTANCE OF 43.775 METERS (143.62 FEET); (3) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 82,872 METERS (271.89 FEET) TO REFERENCE POINT "A" AND THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST LINE, NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE NORTH 87 DEGREES 53'07" EAST, A DISTANCE OF 0.457 METERS (1.50 FEET); THENCE SOUTH 02 DEGREES 07'21" EAST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE SOUTH 87 DEGREES 53'07" WEST, A DISTANCE OF 0.457 METERS (1.50 FEET) TO THE POINT OF BEGINNING, AND COMMENCE AT THE AFOREMENTIONED REFERENCE POINT "A"; THENCE ALONG THE WEST LINE OF SAID TRACT "Q", FORTH FOLLOWING FIVE (5) COURSES, (1) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 27.432 METERS (90.00 FEET); (2) THENCE NORTH 14 DEGREES 48'10" WEST, A DISTANCE OF 12.497 METERS (41.00 FEET); (3) NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 15.246 METERS (50.02 FEET); (4) THENCE NORTH 01 DEGREES 50'16" EAST, A DISTANCE OF 39.719 METERS (130.31 FEET); (5) THENCE NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 43.721 METERS (143.44 FEET) TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID WEST LINE, NORTH 02 DEGREES 07'21" WEST, A DISTANCE OF 27,432 METERS (90.00 FEET); THENCE NORTH 87 DEGREES 53'01" EAST, A DISTANCE OF 0.457 METERS (1.50 FEET); THENCE SOUTH 02 DEGREES 07'21" EAST, A DISTANCE OF 27.432 METERS (90.00 FEET); THENCE SOUTH 87 DEGREES 53'01" WEST, A DISTANCE OF 0,457 METERS (1.50 FEET) TO THE POINT OF BEGINNING, PARCEL 3: ALL THOSE CERTAIN PLOTS, PIECES OR PARCELS OF LAND, SITUATE, LYING AND BEING IN THE COUNTY OF MIAMI-DADE, STATE OF FLORIDA, AND DESCRIBED AS FOLLOWS: "OUADRANT 0" A PORTION OF TRACT "Q" OF "AVENTURA SIXTH ADDmON", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 120 AT PAGE 20 OF THE PUBUC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, DESCRIBED AS FOllOWS: COMMENCE AT THE S.E. CORNER OF TRACT \\R" OF SAID PLAT OF "AVENTVRA SIXTH ADDmON", SAID POINT BEING ON A CURVE CONCAVE TO THE N.E.; THENCE ALONG THE WESTERLY RIGHT- OF-WAY UNE OF WEST COUNTRY CLUB DRIVE FOR THE FOLLOWING THREE (3) COURSES; (1) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 4656.66 FEET AND A CENTRAL ANGLE OF 6 DEGREES 38'08" FOR 539,29 FEET TO A POINT ON SAID CURVE AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREINAFTER DESCRIBED; (2) THENCE CONTINUE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 4656,66 FEET AND A CENTRAL ANGLE OF 2 DEGREES 49'41" FOR 229,85 FEET TO A POINT OF REVERSE CURVATURE; (3) THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 1275.14 FEET AND A CENTRAL ANGLE OF 9 DEGREES 32'14" FOR 212.25 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT; THENCE SOUTHEASTERLY, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 50.0 FEET AND A CENTRAL ANGLE OF 86 DEGREES 09'34" FOR 75.19 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT; THENCE SOUTHWESTERl Y ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF S594 .58 FEET AND A CENTRAL ANGLE OF 1 DEGREES 00'20" FOR 98.19 FEET TO A POINT; THENCE N 45 DEGREES 02'32" W FOR 25,00 FEET TO A POINT ON A CURVE TO THE LEFT, SAID POINT BEARS S 45 DEGREES 02'32" E FROM THE CENTER OF SAID CURVE; THENCE NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 5,00 FEET AND A CENTRAL ANGLE OF 125 DEGREES 32'55" FOR 10.96 FEET TO A POINT OF COMPOUND CURVATURE OF A CURVE TO THE RIGHT; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A, RADIUS OF 522.50 FEET AND A CENTRAL ANGLE OF 27 DEGREES 32'27" FOR 251.15 FEET TO A POINT OF TANGENCY; THENCE N 53 DEGREES 02'45" W FOR 0.31 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT; THENCE NORTHWESTERL Y, WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 35.00 FEET AND A CENTRAL ANGLE OF 84 DEGREES 24'26" FOR 51.56 FEET TO A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 555.0 FEET AND A CENTRAL ANGLE OF 54 DEGREES 56'22" FOR 532.17 FEET TO A POINT ON SAID CURVE, SAID POINT BEARS S 7 DEGREES 29'11" W FROM THE CENTER OF SAID CURVE; THENCE N 29 DEGREES 58'54" EFOR 92.90 FEET; THENCE N 35 DEGREES 30'00" W FOR 31.98 FEET TO A POINT ON A CURVE TO THE LEFT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 110.0 FEET AND A CENTRAL ANGLE OF 25 DEGREES 00'00" FOR 48.00 FEET TO A POINT OF TANGENCY; THENCE N 29 DEGREES 30'00" E FOR 331.34 FEET TO A POINT OF CURVATURE OF A CURVE TO THE RIGHT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 726,18 FEET AND A CENTRAL ANGLE OF 29 DEGREES 18'21" FOR 371.43 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE TO THE lEFT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 135.0 FEET AND A CENTRAL ANGLE OF 48 DEGREES 00'00" FOR 113.10 FEET TO A POINT ON SAID CURVE; THENCE N 60 DEGREES 00'00" E FOR 30.86 FEET TO A POINT ON A CURVE TO THE RIGHT, SAID POINT BEARS N 63 DEGREES 19'08" EAST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 555.0 FEET AND A CENTRAL ANGLE OF 24 DEGREES 44'30" FOR 239,66 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE TO THE LEFT; THENCE SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 30.0 FEET AND A CENTRAL ANGLE OF 92 DEGREES 56'22" FOR 48.66 FEET TO A POINT OF TANGENCY; THENCE N 85 DEGREES 07'16" E FOR 87.61 FEET TO A POINT OF CURVATURE OF A CURVE TO THE LEFT; THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 30.0 FEET AND A CENTRAL ANGLE OF 64 DEGREES 25'24" FOR 33.73 FEET TO A POINT ON SAID CURVE; THENCE S 69 DEGREES 17'55" E FOR 25.0 FEET TO THE POINT OF BEGINNING. PARCEL 4: A PORTION OF TRACT "Q" OF AVENTURA SIXTH ADDmON, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 120, PAGE 20, PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF TRACT "R" OF SAID PLAT OF AVENTURA SIXTH ADDmON, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 120, PAGE 20 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE NORTH 02 DEGREES 40' 32" WEST, ALONG THE WEST BOUNDARY LINE OF SAID TRACT "R" AND ALONG THE BOUNDARY LINE OF SAID TRACT "Qu/ FOR 116.48 FEET TO THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PROPERTY; THENCE CONTINUE NORTH 02 DEGREES 40' 32" WEST, ALONG THE PREVIOUSLY DESCRIBED UNE OF 700.65 FEET; THENCE SOUTH 87 DEGREES 19' 28" WEST, ALONG THE BOUNDARY LINE OF SAID TRACT "Q", FOR 239.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 42,00 FEET; THENCE NORTH 87 DEGREES 19'28" EAST FOR 123.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST FOR 20,00 FEET; THENCE NORTH .87 DEGREES 19'28" EAST FOR 74.00 FEET; THENCE SOUTH 02 DEGREES 40'32" EAST, ALONG A LINE 42.00 FEET WEST OF AND PARALLEL WITH THE WEST LINE OF SAID TRACT "R", FOR 639.08 FEET; THENCE NORTH 86 DEGREES 44'34" EAST FOR 42.00 FEET TO THE POINT OF BEGINNING, CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, IC City Manager BY: Joanne Carr, AICP Community Developm n DATE: March 4, 2009 SUBJECT: Amended effective date of Ordinance No. 2008-08, as revised by Ordinance No. 2009-04, an Ordinance to Adopt a Transportation Mitigation Impact Fee and Schedule of Fees for Development Activity to support mobility within the City of Aventura (01-IF-09) April 14, 2009 Local Planning Agency Agenda Item J.. 1st Reading April 14, 2009 City Commission Meeting Agenda Item 3.i1 2nd Reading May 5, 2009 City Commission Meeting Agenda Item _ RECOMMENDATION It is recommended that the City Commission amend the effective date of Ordinance No. 2008-08, as amended by Ordinance No. 2009-04, from April 1, 2009 to September 30, 2009. THE REQUEST City staff is requesting adoption of an ordinance to amend the effective date of Ordinance No. 2008-08, as amended by Ordinance No. 2009-04, from April 1, 2009 to September 30, 2009. BACKGROUND On April 8, 2008, the City Commission adopted Ordinance No, 2008-08 which enacted an transportation mitigation impact fee and schedule of fees for development activity to support mobility within the City of Aventura. Due to the economic slowdown at the time of adoption of the Ordinance and to allow developers in our City to plan for this new impact fee, the effective date was set for January 1, 2009. Interested parties requested that the City review economic conditions prior to the proposed effective date. There had been no significant improvement in the economy from April 8, 2008 to January 1, 2009 and the effective date was therefore extended to April 1, 2009 by Ordinance No. 2009-04 passed by the City Commission on February 3, 2009. The City Commission requested, upon adoption of the amending ordinance, that staff continue to monitor the economic conditions. The economic slowdown continues and staff therefore recommends a further extension of the effective date from April 1, 2009 to September 30, 2009. All other provisions of Ordinance No. 2008-08 will remain the same. 2 ORDINANCE NO. 2009-_ AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 6 "EFFECTIVE DATE" FROM APRIL 1, 2009 TO SEPTEMBER 30, 2009 OF ORDINANCE NO. 2008-08 ADOPTED ON APRIL 8, 2008, AS AMENDED BY ORDINANCE NO. 2009-04 ADOPTED ON FEBRUARY 3, 2009, WHICH ORDINANCE ESTABLISHED A TRANSPORTATION MITIGATION IMPACT FEE AND SCHEDULE FOR MITIGATION OF TRANSPORTATION IMPACTS BY NEW DEVELOPMENT IN THE CITY OF AVENTURA; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ordinance No. 2008-08 establishing a transportation mitigation impact fee and schedule for mitigation of transportation impacts by new development in the City of Aventura was adopted by the City Commission on April 8, 2008 following duly noticed public hearings; and WHEREAS, the City Commission directed City staff during the public hearings to monitor the economic climate prior to the effective date of Ordinance No. 2008-08 and to recommend adjustment to said effective date based on economic conditions as of the proposed effective date; and WHEREAS, staff determined that there had been no improvement to the economic conditions since April, 2008; and WHEREAS, the City Commission adopted Ordinance No. 2009-04 on February 3, 2009 amending the effective date of Ordinance No. 2008-08 from January 1, 2009 to April 1, 2009; and WHEREAS, the City Commission, acting in its capacity as the Local Planning Agency has reviewed a further proposed change to the effective date of Ordinance No. 2008-08 as amended by Ordinance No. 2009-04 from April 1, 2009 to September 30, 2009 during a required public hearing and has recommended approval of this Ordinance to the City Commission; and Ordinance No. 2009- Page 2 WHEREAS, the City Commission has held duly noticed public hearings on this Ordinance as recommended by the City Commission, acting in its capacity as the Local Planning Agency; and WHEREAS, the City Commission has reviewed this Ordinance and has determined that the Ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals. That the above recitals are true and correct and are incorporated herein by this reference. Section 2. That Section 6, "Effective Date" of Ordinance No. 2008-08, as amended by Ordinance No. 2009-04, is hereby further amended as follows: "Section 6. Effective Date. That following adoption on second reading, the provisions of Section 5 of this Ordinance shall be effective immediately, and the remaining provisions of this Ordinance shall be effective from and after the first day of ^pril, 2009 the thirtieth day of September, 2009.,,1 Section 3. All other provisions of Ordinance No. 2008-08 adopted by the City Commission on April 8, 2008 shall remain the same and in full force and effect. 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 City of Aventura Code of Ordinances; that the sections of this Ordinance may 1 Stricken through text indicates proposed deletions. Underlined text indicates proposed insertions. Ordinance No. 2009- Page 3 be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word as needed. Section 5. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 6. Effective Date. That following adoption on second reading, the provisions of this Ordinance shall be effective immediately. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commission Michael Stern Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commission Michael Stern Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb Ordinance No. 2009- Page 4 PASSED on first reading on this 14th day of April, 2009. PASSED AND ADOPTED on this 5th day of May, 2009. Susan Gottlieb, Mayor ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL S~ CITY ATTO~ CITY OF A VENTURA OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: City Commission FROM: David M. Wolpin, City Attorney DATE: March 25,2009 SUBJECT: Ordinance Amending Certain Sections of the City Code Pertaining to Elections and Related Matters 1st Reading April 14, 2009 City Commission Meeting Agenda Item~~ 2nd Reading May 5, 2009 City Commission Meeting Agenda Item _ RECOMMENDA nON It is recommended that the enclosed ordinance be adopted in order to conform City Code prOVISIOns to the Charter amendments which were approved by the City's electors on Apri122, 2008, and to update related City Code provisions. BACKGROUND The Miami-Dade County Supervisor of Elections ( the" County SOE") recommended that the City revise the date of City mayoral and commission elections from the first Tuesday in March of odd numbered years to the first Tuesday after the first Monday in November of even numbered years in order to coincide with county-wide general elections. The City Commission found that revising the date of the City's general election as described above, would result in a considerable cost savings for the City and further found that the election date revision may serve to enhance voter participation in the City's electoral process. An amendment to the City Charter revising the dates of the City's general election was offered and approved by the City's electorate during the special election held on April 22, 2008. The attached Ordinance makes the following amendments to the City Code in order to ensure consistency with the recently amended City Charter and to facilitate the transition from an independent City election to one which shall coincide with county-wide elections. . Amends the qualification period for candidates for City Commission and Mayor to conform to the request of the County SOE to provide sufficient time to ensure that all qualified candidates are placed on the absentee ballots which are distributed by the county, including distribution to overseas electors. . Amends the commencement date of the term of the duly elected mayor and commissioners in order to correspond with the newly adopted election date. . Provides that the "early voting" provisions enumerated in the City Code shall in the future apply only to a City election, including initiative, referendum, bond issuance, charter amendment or any special Mayoral and Commission election, which is not held in conjunction with a county or state election. . Amends the appointment date of the City's Vice Mayor in order to correspond with the revised commencement date for the terms ofthe duly elected Mayor and Commissioners. If you have any questions please feel free to contact me. ORDINANCE NO. 2009- AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING ARTICLE II "CITY COMMISSION AND MAYOR" OF CHAPTER 26 "ELECTIONS" OF THE CITY CODE OF THE CITY OF A VENTURA BY AMENDING SECTION 26-31 "TIME AND MANNER OF QUALIFICATION OF CANDIDATES", BY AMENDING SECTION 26-32 "COMMENCEMENT OF TERM OF ELECTED OFFICIALS", BY AMENDING SECTION 26-34 "EARLY VOTING"; AND AMENDING ARTICLE I "IN GENERAL" OF CHAPTER 2 "ADMINISTRATION" BY AMENDING SECTION 2-2 "APPOINTMENT OF VICE MAYOR" IN ORDER TO ENSURE CONSISTENCY WITH RECENTLY AMENDED CITY CHARTER SECTION 2.03 "ELECTION AND TERM OF OFFICE" AND CITY CHARTER SECTION 5.03 "ELECTIONS" WHICH REVISED THE DATE OF GENERAL MAYORAL AND COMMISSION ELECTIONS; PROVIDING FOR INCLUSION IN THE CODE, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami-Dade County Supervisor of Elections recommended that the City of A ventura revise the date of City mayoral and commission elections from the first Tuesday in March of odd numbered years to the first Tuesday after the first Monday in November of even numbered years in order to coincide with county-wide general elections; and WHEREAS, the City Commission found that revising the date of the City's general election as described above, would result in a considerable cost savings for the City and further found that the election date revision may serve to enhance voter participation in the City's electoral process; and WHEREAS, the proposed amendments to the City Charter revising the dates of the City's general election were approved by the City's electorate during the special election held on April 22, 2008; and Ordinance No, 2009- Page 2 WHEREAS, the City Commission desires to amend certain sections of the City Code in order to ensure consistency with the recent amendments to the City Charter that revised the date of the City's general election which were approved by the City's electorate and incorporated into the City Charter by Ordinance No. 2008-05. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:! Section 1. Recitals Adooted. That each ofthe above-stated recitals are hereby adopted and confirmed. Section 2. City Code Amended. That Section 26-31 "Time and manner of qualification of candidates" of Article II "City Commission and Mayor" of Chapter 26 "Elections" of the City Code is hereby amended to read as follows: Sec, 26-31, Time and manner of qualification of candidates, The time and manner for qualification of candidates for election to the office of Commissioner or Mayor shall be as follows: (1) Regular election. The qualification period for candidates to file to run for the office of Commissioner or Mayor shall commence on the first Monday which is no earlier than J-l- 85 days and no later than ~ 79 days before the date of the regular election, The duration of the qualifying period shall be for a period of five consecutive days commencing on Monday at 8:30 a.m. and terminating on Friday at 4:30 p,m, and shall 1 Additions to existing city code text are shown by underline; deletions from existing city code text are shown by strikethrough. Ordinance No, 2009- Page 3 run from 8:30 a,m. to 4:30 p,m, of each successive day between and including Monday through Friday, Notwithstanding the above provision, in the event that the Monday upon which a qualifying period would otherwise commence is a holiday, the qualifying period shall commence on Tuesday immediately following such holiday and shall be extended for one (1) additional day, to-wit: the following Monday, with the same daily hours as described above, The City Commission may by resolution adiust the date of the commencement and termination of the qualifying period for a specific election in order to comply with a request of the County Supervisor of Elections, (2) Special elections. In circumstances in which a vacancy on the City Commission in the office of Mayor or Commissioner is filled by special election, the qualifying period shall commence on the first Monday ensuing after the adoption of a City Commission resolution calling the special election and shall consist of a period of five consecutive days commencing on Monday at 8:30 a,m, and terminating on Friday at 4:30 p,m" during the same hours of each day as provided in paragraph (1) above. (3) Qualification procedures. a, For regular and special elections, as provided by paragraphs (1) and (2) above, it shall be the duty of any person desiring to become a candidate for election to the office of Mayor or Commissioner to file a written notice of candidacy, in the form set forth in paragraph (4) below, accompanied by the qualification fee required by section 2,04 of the City Charter and the additional election assessment imposed by State Statutes, Ordinance No, 2009- Page 4 b, Candidates must meet the applicable residency qualifications provided by section 2,03(b), 2,04 and 2,05(c)(V) of the City Charter. c. The place of qualification shall be the office of the City Clerk and the hours and dates of qualifying shall be the applicable time period set forth in paragraph (1) or (2) above, (4) Notice of candidacy. The form of notice of candidacy shall be as follows: "l, the undersigned, an elector of the City of A ventura who has resided continuously in the City for at least one (1) year preceding the date of filing of this notice of candidacy, whose residence is in the City of A ventura, hereby announce my candidacy for the office of (Commissioner, Seat No. ) (Mayor) [cross-out inapplicable provision] to be voted for at the election to be held on the _ day of , and I hereby agree to serve if elected. Signature of Candidate DATE AND HOUR OF FILING: RECEIVED BY: Isl CITY CLERK/ELECTION OFFICIAL Ordinance No, 2009- Page 5 Section 3. City Code Amended. That Section 26-32 "Commencement of term of elected officials" of Article II "City Commission and Mayor" of Chapter 26 "Elections" of the City Code is hereby amended to read as follows: Sec, 26-32. Commencement of term of elected officials, (a) The next regular term of office for Commission seats 1, 3, and 5, which expire on March 16,1999 November 8, 2012, shall commence on March 17,1999 November 9, 2012 following the regular election, (b) The next regular term of office for Commission seats 2, 4, and 6, and for Mayor, which expire on March 20,2001 November 4,2010, shall commence on March 21,2001 November 5, 2010 following the regular election, (c) Except as provided in subsection (a) and (b) above, the term of office for the regular terms of the Mayor and Commissioners shall commence upon the third day after the thiffi first Tuesday following the first Monday in March November subsequent to the occurrence of the election to fill the next regular term of office for the respective Mayoral or Commission seat. Notwithstanding the above stated provisions of this subsection (c), commencing with the 2007 election cycle, the term of office for regular terms of the Mayor and Commissioners shall commence upon the third day after the first Tuesday in March subsequent to the occurrence of the election to fill the next regular term of office for the respective Mayoral or Commission seat. Ordinance No, 2009- Page 6 Section 4. City Code Amended. That Section 26-34 "Early Voting" of Article II "City Commission and Mayor" of Chapter 26 "Elections" of the City Code is hereby amended to read as follows: Sec, 26-34. Early voting, (a) For any City election, including initiative, referendum, bond issuance, charter amendment or any special Mayoral and Commission elections (the "City Elections"), which are not held in conjunction with a county or state election, this section shall govern the matter of early voting, Further, early voting pursuant to this section shall comply with the mandatory requirements ofF,S, S 101.657(1)(e), as applicable. This Section shall not apply to the general elections referenced in Section 5,01 of the City Charter. (b) The provisions of F ,S, S 10 1.657(2), shall not apply to city elections City Elections, unless specifically made applicable by commission resolution, (c) At any city election City Election, it is hereby provided that early voting shall be provided only on the Saturday and Sunday immediately before a city election City Election, unless otherwise provided pursuant to subsection (e) below, (d) Early voting shall be provided for eight hours for each weekday and for an aggregate of eight hours for each weekend on any weekday or weekend in which early voting is allowed, unless otherwise provided pursuant to subsection (e) below, (e) The City Commission may, by resolution, adopted in advance of a specific eity election City Election alter the schedule of days and hours for early voting from that which is provided in subsections (c) and (d) above. This shall include the authority to Ordinance No, 2009- Page 7 extend early voting or to eliminate early voting for a specific election at which absentee balloting is available. (f) The City Clerk is hereby authorized to take any action which is necessary or expedient to implement this section or to comply with any applicable law including any mandatory provisions ofF,S, S 101.657, Section 5. City Code Amended. That Section 2-2 "Appointment of Vice Mayor" of Article I "In General" of Chapter 2 "Administration" of the City Code is hereby amended to read as follows: Sec, 2-2, Appointment of Vice Mayor. The City Commission shall elect a Vice Mayor semi-annually, at the first Commission meeting in Ajffil May and the first Commission meeting in October November of each year, by a majority vote of the City Commission. Section 6. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not effect 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. Ordinance No, 2009- Page 8 Section 7. 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 be made a part of the Code of the City of A ventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changes to "Section" or other appropriate word. Section 8. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading, The foregoing Ordinance was offered by Commissioner moved its adoption on first reading, This motion was seconded and upon being put to a vote, the vote was as follows: , who by Commissioner Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stem Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading, This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stem Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb Ordinance No. 2009- Page 9 PASSED AND ADOPTED on first reading this 14th day of April, 2009 PASSED AND ADOPTED on second reading this 5th day of May, 2009. Susan Gottlieb, Mayor ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL UFFICIENCY: n i'-i~ CITY ATTORNEY CITY OF A VENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission /' J FROM: Eric M. Soroka, ICMA-CM, City Mana~ BY: ~rian K. Raducci. Finance Director DATE: March 30, 2009 SUBJECT: Mid-Year Ordinance Amending 2008/09 Budget 1st Reading April 14, 2009 City Commission Meeting Agenda Item <2 ~e., 2nd Reading May 5, 2009 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the attached Ordinance amending the 2008/09 budget. The total amount of each fund's budget amendment is outlined below. BACKGROUND As you are aware, the City normally amends the budget to recognize actual fund balance amounts carried over based on the prior year's audit. In addition, budget amounts are amended to re-appropriate the balances in capital outlay projects which were not 100% complete by the end of the prior fiscal year. The need to re-appropriate unspent capital accounts and to recognize the actual fund balances at September 30, 2008 to the 2008/09 budget was also discussed in my memorandum dated March 30th which was distributed to the Commission along with the CAFR. GENERAL FUND (001) REVENUES/EXPENDITURES - $843,766 To recognize additional Carryover to fund the two (2) items described below. 1. To re-appropriate $864,208 worth of capital outlay projects which were not 100% complete by the end of the prior fiscal year (e.g., computer equipment - $63,354, radio replacements - $107,036, transportation system improvements $693,818). 2. To decrease Non DepartmentallTransfers by $20,442 in order to recognize actual fund balances in the three-related debt service funds, based on the prior year's audit. 1 POLICE EDUCATION FUND (110) REVENUES/EXPENDITURES - $10,688 To recognize and re-appropriate the actual fund balance amount carried over based on the prior year's audit. The original budget did not anticipate a fund balance. POLICE CAPITAL OUTLAY IMPACT FEE FUND (140) REVENUES/EXPENDITURES - $5,822 To recognize and re-appropriate the actual fund balance amount carried over based on the prior year's audit. This also results in an increase in the capital reserve line item. PARK DEVELOPMENT FUND (170) REVENUES - $447,556 To recognize additional Carryover to fund the two (2) items described below. PARK DEVELOPMENT FUND (170) EXPENDITURES - $447,556 1, To re-appropriate $307,942 related to Veterans Park Improvements which were not 100% complete by the end of the prior fiscal year. 2. To re-appropriate $139,614 in Capital Reserve, based on the prior year's audit 911 FUND (180) REVENUES/EXPENDITURES - $57,423 To recognize and re-appropriate the actual fund balance amount carried over based on the prior year's audit. The original budget did not anticipate a fund balance. DEBT SERVICE FUND SERIES 1999 (230) REVENUES - $18,216 To recognize and re-appropriate the actual fund balance amount carried over based on the prior year's audit and to reduce the transfer from the General Fund, respectively. DEBT SERVICE FUND SERIES 2000 (240) REVENUES - $721 To recognize and re-appropriate the actual fund balance amount carried over based on the prior year's audit and to reduce the transfer from the General Fund, respectively. 2 DEBT SERVICE FUND SERIES 2002 (250) REVENUES/EXPENDITURES - $1,505 To recognize and re-appropriate the actual fund balance amount carried over based on the prior year's audit and to reduce the transfer from the General Fund, respectively. CAPITAL CONSTRUCTION FUND SERIES 2000 (340) REVENUES/EXPENDITURES - $99,664 This fund was originally established to account for loan proceeds and expenditures associated with the bank loan issued in 2000 for construction of the Community Recreation Center and the acquisition and construction of Waterways Park. As the original project has been completed, the remaining proceeds ($99,664) will now be transferred to the Charter School Fund (190) to be used for the School's capital needs. If you should have any questions related to this memorandum, please feel free to contact the City Manager. BKR/bkr 3 ORDINANCE NO. 2009-_ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AMENDING ORDINANCE NO. 2008-15 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2008/2009 FISCAL YEAR BY REVISING THE 2008/2009 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of the City and upon the recommendations of the City Manager (and the concurrence of the Finance Director as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 2008/2009 Operating and Capital Budget as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The recitals contained in the preamble to this Ordinance are incorporated by reference herein. Section 2. The City Commission hereby authorizes the amendment of Ordinance No. 2008-15, which Ordinance adopted a budget for the 2008/2009 fiscal year, by revising the 2008/2009 budget as set forth on the attached Exhibit "A" which exhibits are deemed incorporated by reference as though set forth in full herein. Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. Ordinance No. 2009-_ Page 2 Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading and shall be applicable retroactively from and after October 1, 2008. The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner 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. 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 PASSED AND ADOPTED on first reading this 14th day of April, 2009 2 Ordinance No. 2009-_ Page 3 PASSED AND ADOPTED on second reading this 5th day of May, 2009. SUSAN GOTTLIEB, MAYOR TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIEr:r CITYATTOR~ 3 Exhibit A FY 2008/09 Budget Amendments OBJECT CODE CATEGORY Revenues Non-Revenue 3999000 Carryover SUBTOTAL Total Amendments - Revenues GENERAL FUND (001) 2008/09 ADOPTED BUDGET 2008/09 AMENDED AMOUNT 2008/09 REVISED BUDGET 14,866,895 14,866,895 843,766 843,766 843,766 15.710,661 15,710,661 Expenditures Capital Outlav/lnformation TechnoloQv /8012-513) 6401 Computer Equipment 120,720 63,354 184,074 SUBTOTAL 120,720 63,354 184,074 Capital Outlav/Public Safety /8020-521) 6407 Radio Purchase & Replace. 301,748 107,036 408,784 SUBTOTAL 301,748 107,036 408,784 Capital Outlav/Communitv Services /8050-541) 6341 Transportation System Improvements 706,811 693,818 1,400,629 SUBTOTAL 706,811 693,818 1,400,629 Non DepartmentallTransfers /9001-581) 9123 Transfer to 1999 Debt Service Fund (230) 1,363,557 (18,216) 1,345,341 9124 Transfer to 2000 Debt Service Fund (240) 491,390 (721 ) 490,669 9125 Transfer to 2002 Debt Service Fund (250) 402,082 (1,505) 400,577 SUBTOTAL 2,257,029 (20,442) 2,236,587 Total Amendments - Expenditures 843,766 OBJECT CODE Revenues CATEGORY POLICE EDUCATION FUND (110) 2008/09 ADOPTED BUDGET 2008/09 AMENDED AMOUNT 2008109 REVISED BUDGET Non-Revenue 3999000 Carryover SUBTOTAL Total Amendments - Revenues 10,688 10,688 10,688 10,688 10,688 Expenditures Public Safety (2001-521) 5450 Training SUBTOTAL Total Amendments - Expenditures 10,688 10,688 10,688 14,988 14,988 4,300 4,300 Page 1 of 3 Exhibit A OBJECT CODE Revenues POLICE CAPITAL OUTLAY IMPACT FEE FUND (140) 2008/09 2008/09 ADOPTED AMENDED CATEGORY BUDGET AMOUNT 2008/09 REVISED BUDGET Non-Revenue 3999000 Carryover SUBTOTAL Total Amendments - Revenues 5,822 5,822 5,822 8,714 8,714 2,892 2,892 Expenditures Non Departmental (9001-590) 6999 Capital Reserve SUBTOTAL Total Amendments - Expenditures 5,822 5,822 5,822 6,822 6,822 1,000 1,000 OBJECT CODE Revenues CATEGORY PARK DEVELOPMENT FUND (170) 2008/09 ADOPTED BUDGET 2008/09 AMENDED AMOUNT 2008/09 REVISED BUDGET Non-Revenue 3999000 Carryover SUBTOTAL Total Amendments - Revenues 320,000 320,000 447,556 447,556 447,556 767,556 767,556 Expenditures Community Services 6206 Veterans Park Modifications SUBTOTAL 307,942 307,942 307,942 307,942 1,000 139,614 140,614 1,000 139,614 140,614 447,556 Non DepartmentallTransfers (9001-590) 6999 Capital Reserve SUBTOTAL Total Amendments - Expenditures OBJECT GQOe CATEGORY Revenues Non-Revenue 3999000 Carryover SUBTOTAL Total Amendments - Revenues 911 FUND (180) 2008/09 ADOPTED BUDGET 2008/09 AMENDED AMOUNT 2008/09 REVISED BUDGET 57,423 57,423 57,423 57,423 57,423 Expenditures Public Safety (2001-521) 6999 Capital Reserve SUBTOTAL Total Amendments - Expenditures 57,423 57,423 57,423 57,423 57,423 Page 2 of 3 OBJECT CODE Revenues DEBT SERVICE FUND SERIES 1999 (230) 2008/09 ADOPTED BUDGET CATEGORY Non-Revenue 3811001 Transfer from General Fund 3999000 Carryover SUBTOTAL Total Amendments - Revenues 1,363,557 1,363,557 OBJECT CODE CATEGORY Revenues DEBT SERVICE FUND SERIES 2000 (240) 2008/09 ADOPTED BUDGET Non-Revenue 3811001 Transfer from General Fund 3999000 Carryover SUBTOTAL Total Amendments - Revenues 491,390 491,390 2008/09 AMENDED AMOUNT (18,216) 18,216 2008/09 AMENDED AMOUNT (721 ) 721 DEBT SERVICE FUND SERIES 2002 CHARTER SCHOOL LAND ACQUISITION (250) 2008/09 2008/09 AOOPTED AMENDED CATEGORY BUDGET AMOUNT OBJECT CODE Revenues Non-Revenue 3811001 Transferfrom General Fund 3999000 Carryover SUBTOTAL Total Amendments - Revenues 402,082 402,082 OBJECT CoDE Revenues CAPITAL CONSTRUCTION FUND SERIES 2000 (340) 2008/09 ADOPTED BUDGET CATEGORY Non-Revenue 3999000 Carryover SUBTOTAL Total Amendments - Revenues Expenditures Non DepartmentallTransfers (6010-581) 9118 Transfer to Charter School Fund SUBTOTAL Total Amendments - Expenditures Page 3 of 3 (1,505) 1,505 2008/09 AMENDED AMOUNT 99,664 99,664 99,664 99,664 99,664 99,664 Exhibit A 2008/09 REVISED BUDGET 1,345,341 18,216 1,363,557 2008/09 REVISED BUDGET 490,669 721 491,390 2008/09 REVISED BUDGET 400,577 1,505 402,082 2008/09 REVISED BUDGET 99,664 99,664 99,664 99,664 ~ CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM DATE: February 19, 2009 TO: City Commission FROM: Eric M. Soroka, ICMA-CM, City SUBJECT: Ordinance Amending Section 48-20 of the City Code - Prohibition of Right-of-Way Vendors and Solicitors on Certain Roads 1st Reading March 3,2009 City Commission Meeting Agenda Item tJ-1l 2nd Reading April 14, 2009 City Commission Meeting Agenda Item 97l- RECOMMENDATION It is recommended that the subject Ordinance be amended to include N.E. 188th Streets, N.E. 29th Avenue and Northeast 31st Avenue. BACKGROUND The subject Ordinance was adopted in 2001. Since that time, the Charter School and Veterans Park have been constructed. The amendment updates the Ordinance to include the school zone and streets adjacent to the Charter School and Veterans Park with other streets designated in the Ordinance from allowing right-of-way vendors and solicitors. The solicitors and vendors could pose a damage to themselves and the public at large by interfering with the safe movement of normal vehicular traffic. If you have any questions, please feel free to contact me. EMS/aca Attachment CC01649-09 ORDINANCE NO. 2009- ,,~ AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING ARTICLE II, "USE OF RIGHT-OF-WAY, PARKING, OTHER REGULATIONS" OF CHAPTER 48 "VEHICLES, USE OF RIGHT-OF-WAY, PARKING AND OTHER REGULATIONS" OF THE CITY CODE OF THE CITY OF AVENTURA BY AMENDING SECTION 48-20, "PROHIBITION OF RIGHT-OF-WAY VENDORS AND SOLICITORS ON CERTAIN ROADS", EXPANDING THE PROHIBITION TO INCLUDE CERTAIN ADDITIONAL ROADS IN ORDER TO FURTHER PROTECT THE SAFETY OF MOTORISTS, PEDESTRIANS, AND ROADSIDE VENDORS AND SOLICITORS; PROVIDING FOR INCLUSION IN THE CODE, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission desires to further protect the safety of all City motorists and pedestrians as well as all roadside vendors and solicitors within the City; and WHEREAS, the City Commission recognizes the inherent danger to both pedestrians and motorists created by the presence of roadside vendors and solicitors in certain congested rights-of-way located within the City; and WHEREAS, increased traffic flow within the City has resulted in a greater number of congested roads, which necessitates the inclusion of additional roads within the prohibitions set forth in Section 48-20 (c) (1) of the City Code; and WHEREAS, the City Commission desires to amend Section 48-20 of the City Code to include certain additional rights-of-way among those on which vendors and solicitors are prohibited from operating in order to ensure safe pedestrian movement and normal vehicular traffic flow and to serve the purposes which are comprehensively described in City Code Section 48-20. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS: 1 Section 1. Recitals Adopted. That each of the above-stated recitals are hereby adopted and confirmed. Section 2. City Code Amended. That Section 48-20, "Prohibition of right-of-way vendors and solicitors on certain roads", of Article II, "Use of right-of-way, parking, other .- I Additions to existing city code text are shown by underline; deletions from existing city code text are shown by strikethrough. Ordinance No. 2009- Page 2 regulations", of Chapter 48, "Vehicles, use of right-of-way, parking and other regulations" of the City Code, is hereby amended by amending paragraph ( c) "Prohibition" of Section 48-20, to read as follows: Sec. 48-20. Prohibition of right-of-way vendors and solicitors on certain roads. *** (c) Prohibition. (1) It is a violation of this section for any person to act as a right-of-way vendor or solicitor in, at or upon Biscayne Boulevard, Ives Dairy Road, Miami Gardens Drive, Country Club Drive, William Lehman Causeway, Aventura Boulevard, Northeast 29th Avenue, Northeast 31st Avenue between the roads known as Northeast 185th Street and _..-... Northeast 183rd Street Northeast 188th Street, Northeast 207th Street, and Northeast 213 Street (including the swales and medians abutting such roads). (2) No person shall act as a right-of-way vendor or solicitor in, at or upon any of the roads described in subsection (1) above, including the swales and medians abutting such roads. Section 3. Inclusion in the Code. That it is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of A ventura; 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. -, Ordinance No. 2009- Page 3 Section 4. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not effect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 5. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. ^..~~ The foregoing Ordinance was offered by Commissioner moved its adoption on first reading. This motion was seconded and upon being put to a vote, the vote was as follows: , who by Commissioner Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Michael Stem Commissioner Luz Urbaez Weinberg Vice Mayor Billy Joel Mayor Susan Gottlieb The foregoing Ordinance was offered by Commissioner moved its adoption on second reading. This motion was seconded and upon being put to a vote, the vote was as follows: , who by Commissioner Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stem Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb Ordinance No. 2009- Page 4 PASSED on first reading this 3rd day of March, 2009. PASSED AND ADOPTED on second reading this 14th day of April, 2009. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M, SOROKA, MMC CITY CLERK IENCY: "'~ CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, ICMA-CM, C' TO: City Commission DATE: February 23, 2009 SUBJECT: Ordinance Amending 2008/09 Charter School Fund Budget 1st Reading March 3, 2009 City Commission Meeting Agenda Item 1.. 8 2nd Reading April 14, 2009 City Commission Meeting Agenda Item q -15 RECOMMENDA TION It is recommended that the City Commission approve the attached Ordinance amending the 2008/09 Charter School Fund Budget. The total amount of the "- amendment is $628,103. BACKGROUND The attached document has been prepared as a clean-up amendment prior to the end of the fiscal year on June 30, 2009 and to address revenue reductions imposed by the State to balance the State Budget. In addition, it provides the additional funding from capital reserve accounts to fund the school classroom addition project. REVENUES 1. Recognizes $78,000 in additional capital outlay funding for eligible projects. 2. Recognizes $301,695 loss in State funding imposed by the State Legislature. 3. Recognizes $100,000 in new revenue from the Red Light Violation Program. 4. Recognizes $151,560 from transfers from capital construction funds to offset the school construction and additional smart boards placed in the school. 5. Recognizes $600,238 from reserve funds to partially offset costs associated with the classroom addition project and the loss of State funding. ,,~ ~ Memo to City Commission Page 2 EXPENDITURES 1. Provides funds in the amount of $17,000 for A+ bonus amounts funded from the State. 2. Provides funds in treatment of $22,000 for A+ bonus amounts funded by the State. 3. Increases the building maintenance costs by $3,379 to correct an under budgeted account. 4. Increases the charter school construction line item by $524,000 to fund the total amount of the project contract. 5. Increases funding in the amount of $86,724 for the additional smart boards placed in the school for grades 2nd to 4th. 6. Deletes a vacant receptionist position that resulted in a savings of $25,000. ~ If you have any questions, please feel free to contact me. EMS/act Attachment eeo 1650-09 ,.r~ .- ORDINANCE NO. 2009_ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2008-10, WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE A VENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2008/09 (JULY 1 - JUNE 30) BY REVISING THE 2008/2009 FISCAL YEAR BUDGET DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of the Aventura City of Excellence School and upon the recommendations of the City - Manager (and the concurrence of the Finance Support Services Director as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 2008/2009 Operating and Capital Budget of the Aventura City of Excellence School as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The recitals contained in the preamble to this Ordinance are incorporated by reference herein. Section 2. The City Commission hereby authorizes the amendment of Ordinance No. 2008-10, which Ordinance adopted a budget for the 2008/2009 fiscal year for the Aventura City of Excellence School by revising the 2008/2009 budget as <,,-,, >- Ordinance No. 2009-_ Page 2 set forth on the attached Exhibit "A" , which exhibit is deemed incorporated by reference as though set forth in full herein. Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. 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 Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Billy Joel Mayor Susan Gottlieb The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb ft- 2 Ordinance No. 2009-_ Page 3 PASSED AND ADOPTED on first reading this 3rd day of March, 2009. PASSED AND ADOPTED on second reading this 14th day of April, 2009. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK .~ IENCY: #.,-.. 3 EXHIBIT A ,~, Budget Amendments CHARTER SCHOOL FUND 190 State Shared Revenues 3359910 Capital Outlay $ 444,000 $ 78,000 $ 522,000 3359100 Florida Education Finance Program 5,684,000 (301,695) 5,382,305 SUBTOTAL $ 6,128,000 $ (223,695) $ 5,904,305 Misc Income Red Light Violations $ $ 100,000 $ 100,000 SUBTOTAL $ $ 100,000 $ 100,000 Other Non-Revenue 3811039 Transfers In $ $ 151,560 $ 151,560 3999000 Beginning Surplus 1.492,313 600,238 2,092,551 SUBTOTAL $ 1.492,313 $ 751,798 $ 2,244,111 .....,., -. -. .,.... - -,. Total Amendments-Revenues $<> ..,...$2~,103,. Expenditures - K-3 1502 Bonuses $ 22,000 $ 17,000 $ 39,000 SUBTOTAL $ 22,000 $ 17,000 $ 39,000 4to 8 1502 Bonuses $ 28,000 $ 22,000 $ 50,000 SUBTOTAL $ 28,000 $ 22,000 $ 50,000 School Administration 1260 Other Support Personnel $ 230,246 $ (25,000) $ 205,246 SUBTOTAL $ 230,246 $ (25,000) $ 205,246 Operation of Plant 4620 Building Maintenance $ 195,000 $ 3,379 $ 198,379 SUBTOTAL $ 195,000 $ 3,379 $ 198,379 Capital Outlav 6307 Buildings charter school construction $ 1,600,000 $ 524,000 $ 2,124,000 6401 Computer Equipment 0 86,724 $ 86,724 SUBTOTAL $ $ 610,724 $ 2,210,724 Total Amendments-Expenditures .......,.. -..,.... $ \~2~,1:Q~ .~ 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 CLERK, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisem.:mt, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA - PUBLIC HEARING - APRIL 14, 2009 APPLICANT NAME/NUMBER: LIMITED BRANDS (01-SV-09) in the XXXX Court, was published in said newspaper in the issues of 03/27/2009 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) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has 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 newspaper. ~. 27 day of MARCH ,A.D. 2009 c~~- (SEAL) V. PEREZ personally known to me l~~Y .",,\ Notary Public State of Florida . \. . Cheryl H, Marmer \~ (! My Commission 00793490 & on'(~ Expilell 07/1812012 CITY OF AVENTURA NOTICE OF PUBLIC HEARING Date and Time of Public Hearing: Tuesday, April 14, 2009 6:00 p.m. Limited Brands (01-SV~09) Applicant Request: Variance from Section 31-191 (g)(8)b. of the City Code to permit one exterior. wall sign on the courtyard tower feature for a 19,000 square f90t tenant space with no exterior access for Victoria's Secret store at the Aventura Mall located at 19501 Biscayne Boulevard, where exterior wall signs are permitted by Code only for 100,000 square foot or more tenants or for those tenants with direct exterior access. Applicant NameJNumber: Location of Subject Property: 19501 I?iscayne Boulevard, City of Aventura Legal Description: Portion of Tract "Q", Aventura Sixth Addition,. according to a plat thereof recorded in Plat Book 120, Page 20 of the Public Records of Miami-Dade County, Florida, ,City of Aventura (complete legal description available at the Community Development. Department) Plans are on file and may be examined during regular business hours at the City of Aventura Government 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 City Commission Chamber at City of Aventura Government Center at 19200 West Country Club Drive, Aventura, Florida, 33180. Your comments may be made in 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 Govemment Center, Community Development Department at the address above.. For further information, please call (305) 466-8940. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate In this proceeding because of that disability should contact the Office of the City Clerk, (305) 466-8901, not later than two business days prior to such proceedings. If a person decides to appeal any decision made QY the City Commission with respect to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record Includes the testimony and evidence upon which the appeal is to be based. 3/27 Teresa M. Soroka, MMC, City Clerk 09-3-08/1199454M ~.~ MIAMI CAlLY 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 CLERK, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, ..10rid8: thAt thp. 'ltt'O'chet:l copy of 'ldvm1:i~p.mp.nt, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA - PUBLIC NOTICE MEETING - APRIL 14, 2009 in the XXX X Court, was published in said newspaper in the issues of 03/09/2009 Affiant further says that the said Miami Daily Business Review is a newspaper pubiished 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) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has 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 OOW? i1 --------------~--- Sworn to and sUbscr;:~:~- 09 day of MARCH ,A.D. 2009 ~~4~~ (SEAL) V. PEREZ personally known to me .~.~""'^."..,1'..#'......"'.,."J' ;J3'.' ~'.i.!" N.i)t.,,[,'.P~j.h.li.C &{~to I)..f i-k,not; '.' it~ q~. (:~l\1{V; H'~~1~fh~~H . .. ~ I' _ .... . -, ,'. -'c, ,', ,. '-, , 01' ,~ ~ tviv t..:cnlrniSj!0'~ ut), 9~).'~C. ~~- -'oJ:'" ~){'.\In"" O?HB121112 -'0"'" --- " -y 'if'.,;i''''''.,l'v',A./''"",,^~' . CITY OF A VENTURA IlUBLlC NOTICE OF PROPOSED ORDINANCES NOTICE IS HEREBY GIVEN that on Tuesday, the 14th day of April, 20tJ9, at a meeting of the City Commission of the City of Aventura to be held at 6:00 p.m. in the Commission Chamber of the Aventura Government Center, 19200 West Country. Club Drive, Aventura, Florida, tRe City Commission wili consider the atfbptlonof the following.; Ordinances on second reading, entitled: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING ARTICLE II, "USE OF RIGHT-OF-WAY, PARKING, OTHER REGULATIONS" OF CHAPTER 48. "VEHICLES, USE OF RIGHT-OF-WAY, PARKING AND OTHER REGULATIONS" OF THE CITY CODE OF THE CITY OF AVENTURA BY AMENDING SECTION 48-20, "PROHIBITION OF RIGHT-OF-WAY VENDORS AND SOLICITORS ON CERTAIN ROADS", EXPANDING THE PROHIBITION TO INCLUDE CERTAIN ADDITIONAL ROADS IN ORDER TO FURTHER PROTECT THE SAFETY OF MOTORISTS, PEDESTRIANS, AND ROADSIDE VENDORS AND SOLICITORS; PROVIDING FOR INCLUSION IN THE CODE, PROVIDING FOR SEVERABILITY, PROVIDING FOR AN EFFECTIVE DATE. CITY COMMISSION, ACTING IN ITS CAPACITY AS THE AVENTURA CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2008-10, WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2008109 (JULY 1 . JUNE 30) BY REVISING THE 200812009 FISCAL YEAR BUDGET DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. The proposed Ordinances may be inspected by the public at the Office of the City Clerk, 19200 West Country Club Drive, Aventura, Florida. Interested parties may appear at the Public Hearing and be heard with respect to the proposed Ordinances. Any person wishing to address the City Commission on any item at this Public Hearing may do so after the Mayor opens the public hearing. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the City Clerk, 305-466-8901, not later than two business days prior to such proceedings. t. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 3/9 Teresa M. Soroka, MMC City Clerk OQ-4-21 Q/1185889M