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02-01-2011
Susan Gottli Ma yo r The City of ric S M S,,I a , dCMA -CM S eb or Eric M. Sorok Zev Auerbach A i7e 'i fur � Teresa M. Soroka, MMC City Clerk Bob Diamond Teri Holzberg Billy Joel City Attorney Michael Stern 0 Weiss Scrota Hellman Luz Urbiez Weinberg Pastoriza Cole & Boniske FEBRUARY 1, 20116 p.m. 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. SPECIAL PRESENTATIONS: Proclamation to Aventura Turnberry Jewish Center; 10 -Year Service Certificate of Appreciation to Employees 5. 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: January 4, 2011 Commission Meeting January 20, 2011 Special Meeting January 20, 2011 Workshop Meeting B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN DELVISTA TOWERS CONDOMINIUM ASSOCIATION AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. C. 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 February 1, 2011 OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE VILLAGE OF BAL HARBOUR FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF NORTH MIAMI FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN BONAVIDA CONDOMINIUM ASSOCIATION AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING RESOLUTION NO. 2006 -22 WHICH PROVIDED A FEE SCHEDULE FOR ENGINEERING AND PUBLIC WORKS INSPECTION PERMIT AND REVIEW; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ADOPTING THE CITY OF AVENTURA 2011 LEGISLATIVE PROGRAM AND PRIORITIES 2 February 1, 2011 ATTACHED HERETO; AUTHORIZING THE CITY MA�:AGED TO TAKE NECESSARY ACTION TO CARRY OUT THE AIMS OF THIS RESOLU'T'ION; AND PROVIDING FOR AN EFFECTIVE DATE. I. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA SUPPORTING PREVENTATIVE MEASURES TO FIGHT OBESITY AS SET FORTH BY FIRST LADY OF THE UNITED STATES OF AMERICA MICHELLE OBAMA IN THE LET'S MOVE CAMPAIGN; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. J. RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF PROPOSED AMENDMENTS TO THE CITY CHARTER AS PROVIDED BY THE CHARTER REVISION COMMISSION, IN ACCORDANCE WITH SECTION 7.06 OF THE CITY CHARTER; CONSISTING OF PROPOSED CHARTER AMENDMENTS CONCERNING PARAGRAPH (C) " LIMITATIONS ON LENGTHS OF SERVICE" OF SECTION 2.03 "ELECTION AND TERM OF OFFICE" OF THE CITY CHARTER ; PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO THE ELECTORATE; CALLING A SPECIAL ELECTION ON THE PROPOSED AMENDMENTS TO THE CITY CHARTER TO BE HELD ON TUESDAY, THE 12 DAY OF APRIL, 2011; PROVIDING NOTICE OF ELECTION; PROVIDING FOR MAIL BALLOT ELECTION; PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. K. MOTION AUTHORIZING THE APPROPRIATION OF UP TO $6,000 FOR THE LEO FOUNDATION FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. 6. ZONING HEARINGS: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT THE SALE OF BEER AND WINE AT THE TARGET STORE LOCATED AT 21265 BISCAYNE BOULEVARD, CITY OF AVENTURA, NOTWITHSTANDING THE SPACING AND DISTANCE REQUIREMENTS FOR THE K February 1, 2011 SALE AND SERVICE OF ALCOHOLIC BEYE.S REGULATED BY SECTION 4 -2(a) AND SECTION 4 -2(b) OF THE CITY CODE; PROVIDING FOR AN EFFECTIVE DATE. 7. ORDINANCES: FIRST READING — PUBLIC INPUT: None. 8. ORDINANCES: SECOND READING/PUBLIC HEARING: None. 9. RESOLUTIONS — PUBLIC HEARING: None. 10. REPORTS 11. PUBLIC COMMENTS 12. OTHER BUSINESS: None. 13. ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS WORKSHOP MEETING FEBRUARY 17, 2011 9AM 5 FLR.EX.CONF.ROOM COMMISSION MEETING MARCH 1, 2011 6PM COMMISSION CHAMBER This meeting is open to the public. In accordance with the Americans with Disabilities Act of 199u, aii persons wno are aisaniea and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305 - 466 -8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may be in attendance and may participate at the meeting. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305 -466 -8901. 4 MINUTES CITY COMMISSION MEETING JANUARY 4, 20116 PM Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan Gottlieb at 6 p.m. Present were Commissioners Zev Auerbach, Teri Holzberg, Billy Joel, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Bob Diamond, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Led by Police Chief Steve Steinberg. 3. AGENDA: REQUESTS FOR DELETIONS /EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: Kyle Abney, representative of The Florida Green Building Coalition, presented an award to the City of Aventura for Florida Green City Certification. 5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Commissioner Joel, seconded by Commissioner Auerbach, passed unanimously and the following action was taken: A. APPROVAL OF MINUTES: November 9, 2010 Commission Meeting November 18, 2010 Workshop Meeting B. Resolution No. 2011 -01 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE REAPPOINTMENT BY THE COMMISSION OF MEMBERS TO THE BOARD OF TRUSTEES OF THE POLICE OFFICERS' RETIREMENT PLAN; AND PROVIDING AN EFFECTIVE DATE. C. Resolution No. 2011 -02 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. D. Resolution No. 2011 -03 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN POINT EAST CONDOMINIUM CORPORATIONS 1, 2, 3 AND 4, AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. E. Resolution No. 2011 -04 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN TERRACES NORTH AT TURNBERRY CONDOMINIUM ASSOCIATION, AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. F. Resolution No. 2011 -05 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN BISCAYA III CONDOMINIUM ASSOCIATION, INC. AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. G. Resolution No. 2011 -06 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN VILLA DORADA CONDOMINIUM ASSOCIATION AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. E H. Resolution No. 2011 -07 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED AND RESTATED INTERLOCAL AGREEMENT FOR PUBLIC SCHOOL FACILITY PLANNING IN MIAMI -DADE COUNTY BETWEEN THE CITY OF AVENTURA, THE OTHER NON - EXEMPT MUNICIPALITIES IN MIAMI - DADE COUNTY AS REQUIRED BY FLORIDA STATUTES; PROVIDING FOR AN AMENDMENT TO PARAGRAPH 9.2(f) OF THE AGREEMENT; 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: QUASI - JUDICIAL PUBLIC HEARINGS — Please be advised that the following items on the Commission's agenda are quasi - judicial in nature. If you wish to object or comment upon any of these items, please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and 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 Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. None. 7. ORDINANCES: FIRST READINGIPUBLIC INPUT: None. 8. ORDINANCES: SECOND READING/PUBLIC HEARING: Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2009 -17 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2009/2010 FISCAL YEAR BY REVISING THE 2009/2010 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. A motion for approval was offered by Vice Mayor Diamond and seconded by Commissioner Weinberg. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2011 -01 was enacted. 9. RESOLUTIONS — PUBLIC HEARING: None. 10. REPORTS: As presented. 3 11. PUBLIC COMMENTS: Community Services Advisory Board Member Jonathan Evans; Raya Elias- Pushett, Krop Sr. High School student; Rev. Wil Keyser. 12. OTHER BUSINESS: Mr. Wolpin requested an Executive Session be held, if necessary in the litigation matter of Hall v. City of Aventura. 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 6:23 p.m. Teresa M. Soroka, MMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 4 MINUTES T CITY COMMISSION Aventura Government Center SPECIAL MEETING 19200 W. Country Club Drive January 20, 2011 9 a.m. Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL The meeting was called to order at 9 a.m. by Mayor Susan Gottlieb. Present were Commissioners Teri Holzberg, Billy Joel, Michael Stern, Luz Urbaez Weinberg, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin. Vice Mayor Bob Diamond and Commissioner Zev Auerbach were absent. As a quorum was determined to be present, the meeting commenced. 2. RESOLUTION: PUBLIC HEARING Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE ISSUANCE OF A PROMISSORY NOTE TO EVIDENCE A LOAN FROM BANK OF AMERICA, N.A. PURSUANT TO THE BANK'S, PROPOSAL IN A NOT TO EXCEED PRINCIPAL AMOUNT OF $6,115,000 TO REFINANCE THE COSTS OF ACQUISITION AND CONSTRUCTION OF VARIOUS CAPITAL IMPROVEMENTS AND TO PAY COSTS AND EXPENSES OF ISSUING SUCH DEBT; APPROVING THE FORM OF AND AUTHORIZING THE EXECUTION AND DELIVERY OF A LOAN AGREEMENT INCLUDING A PROMISSORY NOTE ATTACHED THERETO; AUTHORIZING THE REPAYMENT OF THE NOTE UNDER THE LOAN AGREEMENT ONLY FROM NON -AD VALOREM FUNDS APPROPRIATED FOR SUCH PURPOSE; DELEGATING CERTAIN AUTHORITY TO THE CITY MANAGER AND CITY CLERK; AUTHORIZING THE EXECUTION AND DELIVERY OF OTHER DOCUMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Joel and seconded by Commissioner Holzberg. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously and Resolution No. 2011 -08 was adopted. 3. 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 9:10 a.m. Teresa M. Soroka, MMC, City Clerk Approved by the Commission 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. MINUTES T1* Cky Of CITY COMMISSION Aventura Government Center )IR� WORKSHOP MEETING 19200 W. Country Club Drive JANUARY 20, 2011 Aventura Florida 33180 .. .. Immediately following 9 a.m. Special Meeting CALL TO ORDER/ROLL CALL The meeting was called to order at 9:10 a.m. by Mayor Susan Gottlieb following the 9 a.m. Special Meeting. Present were Commissioners Teri Holzberg, Billy Joel, Michael Stern, Luz Urbaez Weinberg, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin. Vice Mayor Bob Diamond and Commissioner Zev Auerbach were absent. As a quorum was determined to be present, the meeting commenced. 1. CHARTER REVISION COMMISSION RECOMMENDATION (City Manager): Mr. Wolpin explained the recommendation of the Charter Revision Commission and the process for submission to the electorate. CITY MANAGER SUMMARY: Consensus to place on February Commission meeting agenda for approval and that this be a mail -in ballot election without provision by the City of return postage. 2. LEGISLATIVE PROGRAM AND PRIORITIES (City Manager): Mr. Soroka distributed the proposed 2011 Legislative Program and Priorities. Mr. Wolpin explained recommendation #3 regarding a more economical method of advertising certain legal notices. CITY MANAGER SUMMARY: Consensus to proceed for approval at February Commission meeting. 3. LET'S MOVE CAMPAIGN RESOLUTION (Mayor Gottlieb): Mayor Gottlieb explained the request which is an initiative of First Lady Michelle Obama as a measure to fight obesity. CITY MANAGER SUMMARY: Consensus to proceed for approval at February Commission meeting. 4. MIAMI -DADE COUNTY LEAGUE OF CITIES INSTALLATION DINNER - FEBRUARY 19, 2011 (City Manager): Mr. Soroka requested input as to the City's participation in this dinner. CITY MANAGER SUMMARY: Consensus to purchase individual tickets only for Commissioners interested in participating. Mr. Soroka distributed an activity report showing events at the Aventura Arts and Cultural Center from October — January, 2011. 5. 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 9:53 a.m. Teresa M. Soroka, MMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, C DATE: January 4, 2011 SUBJECT: Traffic Control Jurisdiction Agreement— Delvista Towers Condominium Association, Inc. February 1, 2011 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission authorize the execution of the attached Traffic Control Jurisdiction Agreement with Delvista Towers Condominium Association, Inc. to provide traffic control jurisdiction by our Police Department over the private roads adjacent to the subject property. The Agreement will increase the visibility of the police force and enhance traffic enforcement. BACKGROUND The previous Traffic Control Jurisdiction Agreement has been updated to reflect changes in State law and police procedures. Therefore, we have requested all condominiums or homeowners associations to enter into the new agreement attached hereto. In our continued efforts to provide improved police services to the community, we have initiated a program in the past that allows a condominium or homeowners associations to enter into an Agreement with the City to provide traffic control jurisdiction over a private roadway within the development. This permits the Police Department to conduct traffic enforcement activities on private property at the request of the owner. Florida State Statute 316.006 allows municipalities to enter into such agreements provided they are reimbursed for the actual costs of traffic control and enforcement, the owner agrees to indemnify the City and provide liability insurance. The City will bill the owner $25.00 per hour for each officer required to perform the traffic enforcement detail when requested by the owner. Whenever possible, traffic Memo to City Commission Page 2 complaints made by the occupants of the property will be responded to and handled as a call for service, without charge to the owner. The program has been received well by the community. If you have any questions, please feel free to contact me. EMS /act Attachment CCO1718 -11 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN DELVISTA TOWERS CONDOMINIUM ASSOCIATION AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1 . The City Manager is hereby authorized to execute the attached Traffic Control Jurisdiction Agreement between Delvista Towers Condominium Association, Inc. and the City of Aventura. Section 2. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 3 . This Resolution shall become effective immediately upon its adoption. The foregoing resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Bob Diamond Mayor Susan Gottlieb Resolution No. 2011 Page 2 PASSED AND ADOPTED this 1 St day of February, 2011. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY l r �± V ! i T RAFFIC CONTROL JURISDICTION AGREEMENT THIS AGREEMENT is made and entered into this '` day of P ff l lr_elo d � by and -between (the "Owner ") and the City of Aventura, Florida, a Florida municipal corporation (the 9 i RECITALS A. Owner owns fee simple title to all the private roadways within the area described as follows: M J) 6 - L U C S r 14 ! O � 0( VA of Dade County, Florida, and commonly known as (the "Private Roads ") P. Owner desires the City to exercise traffic control jurisdiction over the Private Roads, and City desires to exercise such traffic control jurisdiction, pursuant to Florida State Statutes 316.006. NOW, THEREFORE, for Ten and No /100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and City agree as follows: 1. Recitals The foregoing Recitals are true and correct and are incorporated herein by this reference. 2. Traffic Control Jurisdiction Services The City agrees to exercise traffic control jurisdiction over the Private Roads in accordance with the following terms and conditions. (a) City shall provide for Police Officers of its Police Department to patrol, by motor vehicle, the Private Roads, in accordance with the schedule and manpower indicated on Exhibit "A" attached hereto, subject to availability. (b) In exercising such traffic control jurisdiction, the City shall enforce the traffic laws generally applicable to streets and highways under the City's original jurisdiction which are similar in nature to the Private Roads. (c) The City's exercise of traffic control jurisdiction pursuant to this Agreement shall be in addition to the jurisdictional authority presently exercised by the City over the Private Roads under law, and nothing herein shall be construed to limit or remove any such jurisdictional authority, the City agreeing to continue to provide such other police services as are otherwise provided under law. (d) In addition to exercising traffic control jurisdiction over the Private Roads as indicated on Exhibit "A ", the City shall be entitled to exercise traffic control jurisdiction, even when not requested by Owner; provided, however, the City shall not be entitled to any compensation from Owner pursuant to Paragraph 3 below for exercising such discretionary additional traffic control jurisdiction, although the City shall be entitled to retain all revenues from traffic citations issued by the City for violations of traffic laws along the Private Roads, in accordance with law. 4 (e) Nothing it this Agreement shall require, authorize or permit the City to exercise any control or responsibility concerning the installation or maintenance of traffic control devices. 3. Compensation. (a) Routine Patrol Activity - Except as provided in subsection (b), Owner shall not be responsible to pay the City any compensation for performing routine patrol activity pursuant to this Agreement. Routine Patrol Activity shall mean a level of patrol activity equivalent to that which is randomly provided on public roads. The City shall be entitled to retain all revenues from traffic citations issued by the City for violation of traffic laws along the Private Roads as provided by law. This shall not preclude the assessment of impact fees or other fees provided by law. (b) Extended Patrol Activity - Owner shall compensate City for extended patrol activities conducted by the City on the Private Roads at Owner's request in accordance with the rate schedule enumerated in Exhibit "B ". Extended Patrol Activity shall mean any patrol outside of the scope of the City's routine patrol of the Private Roads requested by the Owner that requires more than one (1) hour additional patrol time within any twenty -four hour period. 4. Liability Not Increased. Neither the existence of this Agreement nor anything contained herein shall give rise to any greater liability on the part of the City 3 than the City would ordinarily be subjected to when providing its normal police services as routinely provided throughout the City. 6. Term. The term of this Agreement shall be one (1) year commencing on the date hereof and ending one (1) year following the date hereof, and shall thereafter automatically continue for successive one (1) year terms, unless terminated by either party-upon written notice to the other party given at least thirty (30) days prior to the expiration of the then - applicable one (1) year term. 6. Entire Agreement This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter - hereof and may not be changed, altered or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought. 7. Governing_ Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any litigation between the parties for any controversy arising from or related to this Agreement shall be in the 11 Judicial Circuit in and for Miami -Dade County, Florida. The parties hereby voluntarily waive any right to trial by jury for any litigation between the parties which arises out of this Agreement or the provision of law enforcement services to Owner hereunder. 8. Indemnific and Insur Owner agrees to defend, indemnify and hold the City harmless from any claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed or recovered against or from the City by reason of any property damage or bodily injury, including death, sustained by any person whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out of or is incidental to or in any way connected with this Agreement, and regardless of Ell whether such claim, demand, suit, loss, damage, cost or expense is caused in whole or in part by City's negligence, or by the negligence of City's agents, servants or employees. In support, but not in limitation of this indemnification provision, Owner hereby agrees to maintain and pay all premiums for a policy of comprehensive general liability insurance in an amount of not less then $300,000 combined single limit insurance covering any occurrence on or adjacent to the Private Roads described above, resulting in property damage or bodily injury or death to person or persons. Such insurance policy shall name the City and City's officers, agents and employees as additional insured with respect to traffic control or enforcement of the Private Roads and shall provide for 30 days prior written notice of any cancellation or change in scope or amount of coverage of such policy. Owner shall furnish City with a Certificate of Insurance evidencing compliance with the provisions of this section. EXECUTED as of the date first above written in several counterparts, each of which shall be deemed an original, but all constituting one Agreement. Signed, sealed and delivered in the presence of: / ge TTEST: t-k, OWNER: Dc2.4. >tS is. CITY OF AVENTURA, a Florida Municipal corporation 5 V MY COMMISSION N DD M K4 * • . * EXPIRES: October i, a12 '�� °' eaasenMU i s� EXHIBIT "A' Patrol Aventura Police Officers in marked police vehicles or motorcycles may patrol the Private Roads on a random basis each day. Whenever possible, Traffic complaints made by occupants of the property, will be responded to and handled as a call for service, without charge to the Owner. Traffic complaints that require Extended Patrol Activity, where the cost of service will be billed. to the Owner, will only be conducted with prior approval of the Owner. When requested by the Owner to perform specific traffic enforcement duties, the Owner will be billed in accordance with Exhibit ".B ". 7 EXHIBIT „B„ Compensation The City will bill the Owner $25.00 per hour for each officer requested to perform the Extended Patrol Activity. " �) �itecv�at, �o�aa���i�ec� =ecCa�!.�ol�e�Jery -�ee .I li t 1 ` 19290 West Country Club Drive Aventura, Florida 33180 (305) 466 -8989 Fax (305) 466-8990 AAA Ws �a e Eric M. Soroka City Manager Steven Steinberg Chief or Police 17 November 2010 To Whom It May Concern This letter is to notify your condominium, organization or business that effective this date the current Traffic Control Jurisdiction Agreement you have on file with the Aventura 'Police Department is no longer valid. The agreement has undergone minor revisions and as such a new agreement must, be ,approved and signed by your condominium, organization or business. Once your new agreement has been properly executed, please return it to our Crime Prevention Officer, Ernie Long. The new agreement must - then be approved by the Aventura City Commission at the next available commission meeting to be valid. Once your agreement has been received and Commission approved, our officers can once again conduct traffic enforcement on your. property. Thank you for your understanding and cooperation in this matter. Sincerely, even einberg Chief of Police CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City ager DATE: January 4, 2011 SUBJECT: Resolution Declaring Equipment Surplus February 1, 2011 Commission Meeting Agenda Item I-Ee RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution declaring certain equipment as surplus to the needs of the City. BACKGROUND Section 2 -258 of the City Code of Ordinances provides that any property owned by the City which has become obsolete or which has outlived its usefulness may be disposed of in accordance with procedures established by the City Manager, so long as the property has been declared surplus by a resolution of the City Commission. If you have any questions, please feel free to contact me. EMS /act Attachment CCO1715 -11 RESOLUTION NO. 2011- 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 Zev Auerbach Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Bob Diamond Mayor Susan Gottlieb Resolution No. 2011 Page 2 PASSED AND ADOPTED this 1 St day of February, 2011. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF "ENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: Eric M. Soroka, ICMA -CM, City Manager FROM: Robert M. Sherman, Director of Community Servi BY: Tonya Nimark, Parks & Recreation Services Superintendent DATE: January 3, 2011 SUBJECT: Surplus Please have the City property listed below declared as Surplus property, as these items have become prohibitive to maintain and inadequate for department purpose. Item Model Serial # Asset Tag # C bex Treadmill 600 Cardio S01222000517 1303 Precor USATreadmill C044 Sticker was removed 0317 RMS /gf RMS11001 CITY OF AVENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM TO: Eric M. Soroka, City Manager " �'= FRO ven S teinberg, Chief of Police DATE: 13 January 2011 SUBJECT: Surplus Property I would like to have the below listed city property declared Surplus Property as per City of Aventura APDP, Chapter 6, Subsection 5, Page 1 as these items have become inadequate for public purposes: Request that the attached city owned cell phones be declared surplus. Make, model and serial numbers are on the attached memo. CITY OF AVENTURA POLICE DEPARTMENT MEMORANDUM TO: teinberg, Chief of Police Through: Deidre Fogelgren, Commander FROM: Rita G. Noa DATE: January 18, 2011 SUBJECT: Surplus —Sprint cell phones Please be advised that the cell phones and additional equipment listed on the attachment are being donated to the Safespace Foundation via Ernest Long, Crime Prevention Specialist The Safespace Foundation is an organization that provides victims of domestic violence with 911 emergency cell phones. Attached you will find a list which includes a breakdown of the equipment and accessories. Attachment: T S OD m K) -,% 00 W � MIMMO D aDt} ? Zl10 (71 0 to W n v N � � T S �ooN 0 > > � J � � O Q � J �i �i 'J 0 � ..► � J �i � O� W(D (A www oww "w on "w WCDW 80 o Cfl Vt��T W Uf nChfJf Nn� tJiCTC71..►C71N -+ � 7 CD �v+coW yoDCD oD DD�-na.i'n"�1 o 0 y �cDRl�o W (7 e• G t1�nfU D cnWntn 400 O- `wj�coaapo�yNCO jW to a N 4 mN � rn M OD wM V 0a � (a W4 AM .. ogZo; r a0 jo r a °° ma ar-� 0 1C cz ,0 oa 0 CA 9is -A 4rn N CYI C) m> DOJ r CAz OD -� m m N M OD wM V 0a � (a W4 AM .. ogZo; CITY OF "ENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: Eric M. Soroka, ICMA -CM, City Manager FROM: Robert M. Sherman, Director of Community Service BY: Alan J. Levine, Public Works Operations Manager DATE: January 18, 2011 SUBJECT: Surplus Property Please have the 2005 Ford Ranger and the 2003 Ford Taurus listed below declared Surplus Property. These vehicles no longer are in use by the Community Services and Community Development departments. 2005 Ford Ranger VIN: 1 FTZR"UX5PA87132 2003 Ford Taurus VIN: 1 FAFP53203G278771 RMS /gf RMS11004 CITY OF "ENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: Eric M. Soroka, ICMA -CM, City Manager FROM: Robert M. Sherman, Director of Community Servi BY: Alan J. Levine, Public Works Operations Manager DATE: January 27, 2011 SUBJECT: Surplus Property Please have the City property listed below declared as Surplus Property as these items have become inadequate for department purposes: Wooden Desk Property Tag 0228 Metal Desk Property Tag 0515 RMS /gf RMS11005 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City age DATE: January 4, 2011 SUBJECT: Law Enforcement Mutual Aid Agreement Between the City and the Village of Bal Harbour February 1, 2011 City Commission Meeting Agenda Item 0 RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing execution of the Law Enforcement Mutual Aid Agreement with the Village of Bal Harbour. BACKGROUND In order to improve cooperative relationships between law enforcement agencies and provide a mechanism to share police resources in the event of emergencies or certain demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows agencies to enter into Police Services Mutual Aid Agreements. The various departments use a basic Mutual Aid Agreement. The following list comprises the circumstances and conditions under which mutual aid may be requested: 1. The joint multijurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes and strikes. 3. Any natural disaster. 4. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large -scale evacuations, aircraft and shipping disasters, fires explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from disturbances within detention facilities. 7. Hostage and barricade subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back -ups to emergency and in- process calls, pursuits, and missing person calls. 9. Enemy attack. 10. Transportation of evidence requiring security. 11. Major events, e.g., sporting events, concerts, parades fairs, festivals and conventions. 12. Security and escort duties for dignitaries. 13. Emergency situations in which one agency cannot perform its functional objective. 14. Incidents requiring utilization for specialized units, e.g., underwater recovery, aircraft, canine motorcycle, bomb, crime scene, marine patrol, and police information. 15. Joint training in areas of mutual need. The Agreement is beneficial in our mission to protect the safety and quality of life of our residents. If you have any questions, please feel free to contact me. EMS /act Attachment CCO1716 -11 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE VILLAGE OF BAL HARBOUR FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1 . The City Manager is hereby authorized on behalf of the City of Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between the City of Aventura and the Village of Bal Harbour for law enforcement activities in substantially the form as attached hereto. Section 2. The City Manager is hereby authorized to do all things necessary and expedient in order to effectuate the execution of the attached Agreement described in Section 1 above, and to carry out the aims of this Resolution. 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 Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Bob Diamond Mayor Susan Gottlieb Resolution No. 2011 Page 2 PASSED AND ADOPTED this 1 St day of February, 2011. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY MUTUAL AID AGREEMENT WITNESSETH WHEREAS, it is the responsibility of the governments of the City of Aventura, Florida and the Bal Harbour Village, Florida, (collectively the "Parties ") to ensure the public safety of their citizens by providing adequate levels of police service to address any foreseeable routine or emergency situation; and WHEREAS, there is an existing and continuing possibility of the occurrence of law enforcement problems and other natural and man -made conditions which are, or are likely to be, beyond the control of the services, personnel, equipment or facilities of the Aventura Police Department and the Bal Harbour Police Department (collectively the "Agencies "); and WHEREAS, the Parties are so located in relation to each other that it is to the advantage of each to receive and extend mutual aid in the form of law enforcement services and resources to adequately respond to: (1) Intensive situations including but not limited to emergencies as defined under Section 252.34 (3) Florida Statutes and; (2) Continuing, multi - jurisdictional law enforcement problems, so as to protect the public peace and safety, and preserve the lives and property of the people; and WHEREAS, the Parties have the authority under Part I of Chapter 23, Florida Statutes, the Florida Mutual Aid Act, to enter into: (1) A requested operational assistance agreement for the requesting and rendering of assistance in law enforcement intensive situations and emergencies, and (2) A voluntary cooperation agreement for assistance of a routine law enforcement nature that crosses jurisdictional lines. NOW, THEREFORE, BE IT KNOWN that the City of Aventura, a political subdivision of the State of Florida and Bal Harbour Village, a political subdivision of the State of Florida, in consideration for mutual promises to render valuable aid in times of necessity, do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions: SECTION I: DESCRIPTION This Agreement provides for the requesting and rendering of assistance for both routine and law enforcement intensive situations and combines elements of both a voluntary cooperation agreement and a requested operational assistance agreement, as described in Chapter 23, Florida Statutes. SECTION II: PROVISIONS FOR VOLUNTARY COOPERATION The Chief of Police for the City of Aventura and the Chief of Police for Bal Harbour Village (collectively "Agency Heads ") may execute a joint declaration, enumerating the specific conditions under which aid may be requested or rendered pursuant to this Agreement (the "Joint Declaration "). Subsequent to execution, a Joint Declaration shall be filed with the clerks of the respective political subdivisions and shall thereafter become part of this Agreement. The Joint Declaration may be amended at any time upon the mutual assent of the Agency Heads. SECTION III: POLICY AND PROCEDURE A. In the event that a party to this Agreement is in need of assistance as set forth above, an authorized representative of the Agency requiring assistance shall notify the Agency, Agency Head or his /her designee from whom such assistance is required. The Agency Head or authorized agency representative whose assistance is sought shall evaluate the situation and the Agency's available resources, consult with his /her supervisors if necessary and will respond in a manner he /she deems appropriate. The Agency Head's decision in this regard shall be final. B. The resources or facilities that are assigned by the assisting Agency shall be under the immediate command of a supervising officer designated by the assisting Agency Head. Such supervising officer shall be under the direct supervision and command of the Agency Head or his designee of the Agency requesting assistance. C. Should a violation of Florida Statutes occur in the presence of said officers representing their respective Agencies in furtherance of this Agreement, they shall be empowered to render enforcement assistance and act in accordance with law. SECTION IV: POWERS, PRIVILEGES, IMMUNITIES AND COSTS A. Members of the Agencies when actually engaging in mutual cooperation and assistance outside of the jurisdictional limits of Aventura or Bal Harbour under the terms of this Agreement, shall, pursuant to the provisions of Section 23.127, Florida Statutes, have the same powers, duties, rights, privileges and immunities as if they were performing their duties in the political subdivision in which they are normally employed. B. Each Party agrees to furnish necessary equipment, resources and facilities and to render services to each other Party to the Agreement as set forth above; provided however, that no Party shall be required to deplete unreasonably its own equipment, resources, facilities, and services in furnishing such mutual aid. C. The Agency furnishing any equipment pursuant to this Agreement shall bear the loss or damages to such equipment and shall pay any expense incurred in the operation and maintenance thereof. D. The Agency furnishing aid pursuant to this section shall compensate its appointees /employees during the time such aid is rendered and shall defray the actual travel maintenance expenses of such employees while they are rendering such aid, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. HOWEVER, if the requesting Agency receives compensation from the Federal Emergency Management Agency (FEMA), the requesting Agency may compensate the assisting Agency during the time of the rendering of such aid and may defray the actual travel and maintenance expenses of such employees while they are rendering such aid, including any amounts paid or due for compensation as a result of personal injury or death while such employees are rendering such aid as pertains to this Agreement. E. All of the privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, insurance, relief, disability, workers' compensation, salary, death and other benefits which apply to the activity of such officers, agents, or employees of any such agency when performing their respective functions within the territorial limits of their respective public agencies shall apply to them to the same degree, manner, and extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of this Agreement. The provisions of this section shall apply with equal effect to paid, volunteer, and reserve employees. F. Nothing herein shall prevent the requesting Agency from requesting supplemental appropriations from the governing authority having budgeting jurisdiction to reimburse the assisting Agency for any actual costs or expenses incurred by the assisting agency performing hereunder when assistance is requested under this Agreement. SECTION V: FORFEITURE It is recognized that during the course of the operation of the Agreement, property subject to forfeiture under the Florida Contraband Forfeiture Act, Florida Statutes, may be seized. Seized property shall be forfeited and equitably distributed among the participating agencies in proportion to the amount of investigation and participation performed by each agency. This shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act. SECTION VI: INDEMNIFICATION Each Party engaging in any mutual cooperation and assistance, pursuant to this Agreement, agrees with respect to any suit or claim for damages resulting from any and all acts, omissions, or conduct of such party's own employees occurring while engaging in rendering such aid pursuant to this agreement, to hold harmless, defend and indemnify the other participating party and its appointees or employees, subject to provisions of Section 768.28, Florida Statutes, where applicable, and provided such party shall have control of the defense of any suit or claim to which said duty to indemnify applies. SECTION VII: EFFECTIVE DATE This agreement shall take effect upon execution and approval by the hereinafter -named officials and shall continue in full force and effect until January 01, 2015, unless terminated prior thereto by any or all of the Parties herein. SECTION VIII: CANCELLATION This agreement may be canceled by any party upon delivery of written notice to the other Party or Parties. Cancellation will be at the direction of any subscribing Party. IN WITNESS WHEREOF, the Parties hereto cause these presents to be signed on specified. Eric Soroka City Manager City of Aventura Date: Steve Steinberg Chief of Police Aventura, Florida Date: v ATTEST: Teresa Soroka, MMC City Clerk Aventura, Florida Date: / Ored Treppeda Village Manager Bal Harbour Village Date: / Thomas Hunker. Chief of Police Bal Harbour, Florida Date: -� ATTEST: V � Ellisa Horvath, MMC Village Clerk Bal Harbour, Florida Date: ) )_ 4 ! alb, ( Z Approved as to form and legal sufficiency: City Attorney Aventua, Florida Approved as to form and legal sufficiency: d # Village Attorney Bal. Harbour, Florida Date: Date: JOINT DECLARATION BETWEEN THE CITY OF AVENTURA AND BAL HARBOUR VILLAGE PURSUANT TO A MUTUAL AID AGREEMENT A police officer of either of the participating law enforcement agencies shall be considered to be operating under the provisions of the mutual aid agreement when: • participating in law enforcement activities that are preplanned and approved by each respective agency head, or appropriately dispatched in response to a request for assistance from the other law enforcement agency. In compliance with and under the authority of the Mutual Aid Agreement heretofore entered into by the City of Aventura, Florida and Bal Harbour Village, Florida, it is hereby declared that the following list comprises the circumstances and conditions under which mutual aid may be requested and rendered regarding police operations pursuant to the agreement. Said list may be amended or supplemented from time to time as needs dictate by subsequent declarations. 1. Joint multi jurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes, and strikes. 3. Any natural disaster. 4. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large -scale evacuations, aircraft and shipping disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from or disturbances within detention facilities. 7. Hostage and barricaded subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back -ups to emergency and in- progress calls, pursuits, and missing person calls. 9. Enemy attack. 10. Transportation of evidence requiring security. 11. Major events; e.g., sporting events, concerts, parades, fairs, festivals and conventions. 12. Security and escort duties for dignitaries. 13. Emergency situations in which one agency cannot perform its functional objective. 14. Incidents requiring utilization of specialized units; e.g., underwater recovery, aircraft, canine, motorcycle, bomb, crime scene, marine patrol, and police information. 15. Joint training in areas of mutual need. 16. Joint multi jurisdictional marine interdiction operations. The following procedures will apply in mutual aid operations: 1. Mutual aid requested or rendered will be approved by the Chief of Police or designee. 2. Specific reporting instructions for personnel rendering mutual aid should be included in the request for mutual aid. In the absence of such instructions, personnel will report to the ranking on -duty supervisor on the scene. 3. Communications instructions will be included in each request for mutual aid. 4. Incidents requiring mass processing of arrestees, transporting prisoners, and operating temporary detention facilities will be handled per established procedures. AGREED TO AND ACKNOWLEDGED this day of December, 2010 Steve Steinberg Thomas Hunker. Chief of Police Aventura, Flori a Date: l oZ q oZ t7 t O Chief of Police Bal Harbour, Florida Date:��,� .Cry ATTEST: Teresa Soroka, MMC City Clerk Aventura, Florida Date: Approved as to form and legal sufficiency: City Attorney Aventua, Florida ATTEST: Elhsa Horvath, MMC Village Clerk Bal Harbour, Florida Date: j , 9 � ( - 4-f2 I D Approved as to form and legal sufficiency: "'Village Attorney Bal Harbour, Florida Date: Date: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City nag r DATE: January 4, 2011 SUBJECT: Law Enforcement Mutual Aid Agreement Between the City and the City of North Miami February 1, 2011 City Commission Meeting Agenda Item .IE RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing execution of the Law Enforcement Mutual Aid Agreement with the City of North Miami. BACKGROUND In order to improve cooperative relationships between law enforcement agencies and provide a mechanism to share police resources in the event of emergencies or certain demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows agencies to enter into Police Services Mutual Aid Agreements. The various departments use a basic Mutual Aid Agreement. The following list comprises the circumstances and conditions under which mutual aid may be requested: 1. The joint multijurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes and strikes. 3. Any natural disaster. 4. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large -scale evacuations, aircraft and shipping disasters, fires explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from disturbances within detention facilities. 7. Hostage and barricade subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back -ups to emergency and in- process calls, pursuits, and missing person calls. 9. Enemy attack. 10. Transportation of evidence requiring security. 11. Major events, e.g., sporting events, concerts, parades fairs, festivals and conventions. 12. Security and escort duties for dignitaries. 13. Emergency situations in which one agency cannot perform its functional objective. 14. Incidents requiring utilization for specialized units, e.g., underwater recovery, aircraft, canine motorcycle, bomb, crime scene, marine patrol, and police information. 15. Joint training in areas of mutual need. The Agreement is beneficial in our mission to protect the safety and quality of life of our residents. If you have any questions, please feel free to contact me. EMS /act Attachment CCO1717 -11 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF NORTH MIAMI FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1 . The City Manager is hereby authorized on behalf of the City of Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between the City of Aventura and the City of North Miami for law enforcement activities in substantially the form as attached hereto. Section 2. The City Manager is hereby authorized to do all things necessary and expedient in order to effectuate the execution of the attached Agreement described in Section 1 above, and to carry out the aims of this Resolution. 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 Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Bob Diamond Mayor Susan Gottlieb Resolution No. 2011 Page 2 PASSED AND ADOPTED this 1 St day of February, 2011. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY MUTUAL AID AGREEMENT BETWEEN THE CITY OF NORTH MIAMI POLICE DEPARTMENT AND THE CITY OF AVENTURA POLICE DEPARTMENT WHEREAS, it is the responsibility of the governments of the City of North Miami, Florida, and the City of Aventura, Florida, to ensure the public safety of their citizens by providing adequate levels of police services to address any foreseeable routine or emergency situation; and WHEREAS, because of the existing and continuing possibility of the occurrence of law enforcement problems and other natural and manmade conditions which are, or are likely to be, beyond the control of the services, personnel, equipment or facilities of the participating municipal police departments; and WHEREAS, in order to ensure that the preparation of these law enforcement agencies will be adequate to address any and all of these conditions, to protect the public peace and safety, and to preserve the lives and property of the people of the participating Miami -Dade County municipalities; and WHEREAS, the participating municipalities, the City of North Miami and the City of Aventura, have the authority under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter into a Mutual Aid Agreement. NOW THEREFORE, BE IT KNOWN, that the City of North Miami and the City of Aventura, subdivisions of the State of Florida, and the undersigned representatives, in consideration of mutual promises to render valuable aid in times of necessity, agree to fully and faithfully abide by and be bound by the following terms and conditions: 1. Short title: Mutual Aid Agreement 2. Description: Since the Mutual Aid Agreement ( "Agreement ") provides for the requesting and rendering of assistance for both routine and intensive law enforcement situations, this Mutual Aid Agreement combines the elements of both a voluntary cooperation agreement and a requested operational assistance agreement as described in Chapter 23, Florida Statutes. 3. Definitions: A. Joint Declaration: A document which enumerates the various conditions or situations where aid may be requested or rendered pursuant to this Agreement, as determined by concerned agency heads. Subsequent to execution by the concerned agency heads, the Joint Declaration shall be filed with the clerks of the respective political subdivisions and shall become part of this Agreement. The declaration may be amended or supplemented at any time by the agency heads by filing subsequent declarations with the clerks of the respective political subdivisions. IWO 10 -692 (JLW) - Page 1 of 4 - Exhibit 1 B. Agency or participating law enforcement agency: The City of North Miami Police Department and the City of Aventura Police Department. C. Department Head: The Chief of the City of North Miami Police Department, or the Chief's designees, and the Chief of the City of Aventura Police Department, or the Chief's designees. D. Participating municipal police department: The police department of any municipality in Dade County, Florida, that has approved and executed this Agreement upon the approval of the governing body of the municipality. E. Certified law enforcement employees: Any law enforcement employee certified as provided in Chapter 943, Florida Statutes. 4. Operations: A. In the event that a party to this Agreement is in need of assistance, as specified in the applicable Joint Declaration which shall become part of this Agreement, an authorized representative of the police department requiring assistance shall notify the agency from which such assistance is requested. The authorized agency representative whose assistance is sought shall evaluate the situation and available resources, and will respond in a manner deemed appropriate. B. Each party to this Agreement agrees to furnish necessary personnel, equipment, facilities, and other resources and to render services to the other party as required to assist the requesting party in addressing the situation which caused the request; provided, however, that no party shall be required to deplete, unreasonably, its own personnel, equipment, facilities, and other resources and services in rendering such assistance. C. The agency heads of the participating law enforcement agencies, or their designees, shall establish procedures for giving control of the mission definition to the requesting agency, and for giving tactical control over accomplishing any such assigned mission and supervisory control over all personnel or equipment provided pursuant to this Agreement to the providing agency. S. Powers, Privileges, Immunities, and Costs: A. All employees of the participating municipal police department and all certified law enforcement employees as defined in Chapter 943, Florida Statutes, during such time that the employees are actually providing aid outside of the jurisdictional limits of the employing municipality pursuant to a request for aid made in accordance with this Agreement, shall pursuant to the provisions of Chapter 23, Florida Statutes, have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political IWO 10 -692 (JLW) - Page 2 of 4 - Exhibit 1 subdivision in which they are regularly employed. B. The political subdivision having financial responsibility for the law enforcement agency providing the services, personnel, equipment, or facilities pursuant to the provisions of this Agreement shall bear any loss or damage and shall pay any and all expenses incurred in the maintenance and operation of these resources. C. The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement shall compensate all of its employees rendering aid pursuant to this Agreement, during the time of rendering of such aid, and shall defray the actual travel and maintenance expenses of the employees while they are rendering aid. Compensation shall include any amounts for compensation due to personal injury or death while such employees are engaged in rendering aid. Compensation shall also include all benefits normally due the employees. D. All exemptions from ordinances and rules, and all pension, insurance, relief, disability, workers compensation, salary, death, and other benefits which apply to the activity of such officers, agents, or employees of any such agency, when performing their respective functions within the territorial limits of their respective agencies, shall apply to them to the same degree, manner, and extent while engaged in the performance of their functions and duties extraterritorial under the provisions of this Agreement. The provisions of this Agreement shall apply with equal effect to paid and auxiliary employees. 6. Indemnification: The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement agrees to hold harmless, defend, and indemnify the requesting law enforcement agency and its political subdivision in any suit, action, or claim for damages resulting from any and all acts or conduct of employees of the providing agency while providing aid pursuant to this Agreement, subject to Chapter 768, Florida Statutes, where applicable. 7. Forfeitures: It is recognized that during the course of the operation of this Agreement, property subject to forfeiture under the Florida Contraband Forfeiture Act, Florida Statutes, may be seized. The property shall be seized, forfeited, and equitably distributed among the participating agencies in proportion to the amount of investigation and participation performed by each agency. This shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act. 8. Conflicts: Any conflict between this Agreement and the Florida Mutual Aid Act will be controlled by the provisions of the latter, whenever conditions exist that are within the definitions stated in Chapter 23, Florida Statutes. 9. Effective Date and Duration: This Agreement shall be in effect from date of signing, through and including December 31, 2016 and under no circumstances may this Agreement be renewed, amended or extended except in writing. IWO 10 -692 (JLW) - Page 3 of 4 - Exhibit 1 10. Cancellation: This Agreement maybe cancelled by either party upon sixty (60) days written notice to the other party. Cancellation will be at the discretion of the chief executive officers of the parties. AGREED AND ACKNOWLEDGED this City Manager City of North Miami, Florida ATTEST: City C�' k City o orth Miami, Florida APPROVED AS TO FORM & LEGAL SUFFICIENCY: i y ttorney of North Miami, Florida day of 20 /d . City Manager City of Aventura, Florida ATTEST: City Clerk City of Aventura, Florida APPROVED AS TO FORM & LEGAL SUFFICIENCY: City Attorney City of Aventura, Florida IWO 10 -692 (JLW) - Page 4 of 4 - Exhibit 1 JOINT DECLARATION OF THE CHIEF OF THE CITY OF NORTH MIAMI POLICE DEPARTMENT AND THE CHIEF OF THE CITY OF AVENTURA POLICE DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT A deputy sheriff or police officer of either of the participating law enforcement agencies shall be considered to be operating under the provisions of the Mutual Aid Agreement ( "Agreement ") when: ■ participating in law enforcement activities that are preplanned and approved by each respective agency head, or appropriately dispatched in response to a request for assistance from the other law enforcement agency, or ■ spontaneous response where assistance or aid is apparent (see #9 below). In compliance with, and under the authority of, the Mutual Aid Agreement, entered into by the City of Aventura, Florida, and the City of North Miami, Florida, it is hereby declared that the following list comprises the circumstances and conditions under which mutual aid may be requested and rendered regarding police operations pursuant to the Agreement. This list may be amended or supplemented from time to time, as needs dictate by subsequent declarations. 1. Joint multi - jurisdictional criminal investigations; 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes, and strikes; Any natural disaster; 4. Incidents which require rescue operations and crowd and traffic control measures, including, but not limited to, large -scale evacuations, aircraft and shipping disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures; Terrorist activities including, but not limited to, acts of sabotage; 6. Escapes from or disturbances within detention facilities; 7. Hostage and barricaded subject situations, and aircraft piracy; 8. Control of major crime scenes, area searches, perimeter control, backups to emergency and in- progress calls, pursuits, and missing persons calls; 9. Enemy attack; IWO 10 -692 (JLW) Page 1 of 3 Exhibit 1 10. Transportation of evidence requiring security; 11. Major events; e.g., sporting events, concerts, parades, fairs, festivals, and conventions; 12. Security and escort duties for dignitaries; 13. Emergency situations in which one agency cannot perform its functional objective; 14. Incidents requiring utilization of specialized units; e.g., underwater recovery, canine, motorcycle, crime scene, marine patrol enforcement or investigation, and police information; 15. Joint training in areas of mutual need; 16. Participating in exigent situations without a formal request which are spontaneous occurrences such as area searches for wanted subjects, perimeters, crimes in progress, escaped prisoners; traffic stops near municipal boundaries, request for assistance and no local unit is available or nearby, calls or transmissions indicating an officer is injured, calls indicating a crime or incident has occurred in which a citizen may likely be injured and the assisting municipality is closer to the area than the officer receiving the call; 17. Mutual enforcement of all existing applicable laws and ordinances and exercise of arrest powers within the area comprising the jurisdictional waters within the respective municipal boundaries; 18. The agencies will be permitted to patrol jurisdictional waters of either jurisdiction, and to take enforcement actions as deemed appropriate under city, state, and federal laws, rules and regulations, and to write boating law violation citations, make arrests, and to attend court on behalf of the other agency; 19. The agencies agree that any and all incidents, which require an initial (preliminary) police offense incident report (OIR), will be completed by the agency making the initial contact. Any follow -up investigations that are required are to be completed by the jurisdiction in which the incident occurred regardless of which agency completed the original offense incident report; 20. If an arrest is made by one agency that is operating in the jurisdictional waters of the other agency, and that arrest results in asset forfeiture proceedings, the property shall be seized, forfeited, and equitably distributed among the participating agencies in proportion to the amount of investigation and participation performed by each agency. The jurisdiction of civil forfeiture action shall be filed by the seizing agency; 21. Both agencies have the right to set their own days and hours for marine patrol and agree to provide assistance and aid to the other agency under the spirit of this Mutual Aid Agreement. IWO 10 -692 (JLW) Page 2 of 3 Exhibit 1 This Addendum shall become effective upon the signing of both Cities and shall remain in effect until either the current Mutual Aid Agreement and Joint Declaration expires or either agency gives written notice to the other agency to rescind this Addendum. I accept the terms and conditions of the aforementioned Addendum to the current Mutual Aid Agreement and Joint Declaration between the City of Aventura Police Department and the City of North Miami Police Department. Date City M City of lief of P ice S ty of No iami Police Date City Manager City of Aventura, Florida !l p� Chief of Police e City of Aventura Police Department IWO 10 -692 (JLW) Page 3 of 3 Exhibit 1 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, Cit anag r DATE: January 19, 2011 SUBJECT: Traffic Control Jurisdiction Agreement — Bonavida Condominium Association February 1, 2011 City Commission Meeting Agenda Item 6 RECOMMENDATION It is recommended that the City Commission authorize the execution of the attached Traffic Control Jurisdiction Agreement with Bonavida Condominium Association to provide traffic control jurisdiction by our Police Department over the private roads adjacent to the subject property. The Agreement will increase the visibility of the police force and enhance traffic enforcement. BACKGROUND The previous Traffic Control Jurisdiction Agreement has been updated to reflect changes in State law and police procedures. Therefore, we have requested all condominiums or homeowners associations to enter into the new agreement attached hereto. In our continued efforts to provide improved police services to the community, we have initiated a program in the past that allows a condominium or homeowners associations to enter into an Agreement with the City to provide traffic control jurisdiction over a private roadway within the development. This permits the Police Department to conduct traffic enforcement activities on private property at the request of the owner. Florida State Statute 316.006 allows municipalities to enter into such agreements provided they are reimbursed for the actual costs of traffic control and enforcement, the owner agrees to indemnify the City and provide liability insurance. The City will bill the owner $25.00 per hour for each officer required to perform the traffic enforcement detail when requested by the owner. Whenever possible, traffic Memo to City Commission Page 2 complaints made by the occupants of the property will be responded to and handled as a call for service, without charge to the owner. The program has been received well by the community. If you have any questions, please feel free to contact me. EMS /act Attachment CCO1719 -11 V5,. T RAFFIC CONTROL JURISDICTION AGREEMENT THIS AGRENEWENT is made and entered into this A i by and belweer< day of 20- (the "Owner ") and the City of Aventura, Florida, a Florida municipal corporation (the "City „ ) RECITALS A. Owner owns fee simple title to all the private roadways within the area described as follows: /410 of Dade County, Florida, and. commonly known as T�/ (the "Private Roads ") S. Owner desires the City to exercise traffic control jurisdiction over the Private Roads, and City desires to exercise such traffic control jurisdiction, pursuant to Florida State Statutes 3 � 6.006. �qo� . T FORE, fcr Ten and loo /100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and City agree as follows. i . Recitals The foregoing Recitals are true and correct and are incorporated hereir. by this reference. 2. ; raf is Control Jurisdiction Services The City agrees to exercise traffic control jurisdiction over the Private Roads in accordance with the following terms and conditions. (a) City shall provide for Police Officers of its Police Department to patrol, by motor vehicle, the rri° ate Roads, in accordance with the schedule and manpower indicated on Exhibit "A" attached hereto, subject to availability. (b) In exercising such traffic control jurisdiction, the City shall e >:nforce the traffic laws generally applicable to streets and highways under the City's original jurisdiction which are similar in nature to the Private Roads. (c) The City's exercise of traffic control jurisdiction pursuant to this Agreement shall be in addition to the jurisdictional authority presently exercised by the City over the Private Roads under law, and nothing herein shall be construed to limit or remove any such jurisdictional authority, the City agreeing to continue to provide such other police services as are otherwise provided under law. (d) In addition to exercising traffic control jurisdiction over the Private Roads as indicated on Exhibit `A ", the City shall be entitled to exercise traffic control jurisdiction, even when not requested by Owner; provided, however, the City shall not be entitled to any compensation from Owner pursuant to Paragraph 3 below for e ercising suc3; discretionary additicnai traffic control jurisdiction, although the City shall be entitled to retain ali revenues from traffic citations issued by the City for violations of traffic laws along the Private Roads, in accordance with law. 2 (e) Nothing iii this Agreement shall require, authorize or permit the City to exercise any controi or responsibil ty concerning the installation or maintenu °:ce of traffic ccntrol devices. 1 . Comp (a) Routine Patrol ACtivity - Except as provided in subsection (b), Owner shai; not be responsible to pay the City any compensation for performing routine patrol activity pursuant to this Agreement. Routine Patrol Activity shall mean a level of patrol activity equivalent to that which is randomly provided on public roads. The City shall be entitled to retain ail revenues from traffic citations issued by the City for violation of traffic laws along the Private Roads as provided by law. This shall not preclude the assessment of impact fees or other fees provided by law. (u) Extended Patrol !;ctivilty - Owner shall compensate City for extended patrol activities conducted by the City on the Private R ,ads at Owner's request in accordance with the rate schedule enumerated in Exhibit "B ". Extended Patrol Activity shall mean any patrol outside of the scope of the City's routine patrol of the Private Roads requested tiv t1 L',,r;ine,r that requires mo e than one (1) hour additional patrol time Evithin any twenty -four hour period. Liability Nl',ot increased. Neither the existence of this Agreement nor anything contained herein shall give rise to any greater liability on the part of the City 3 J than the City would ordir— rily be subjected to when providing its normal police services as routinely provided throughout the City. Term. The term of this Agreement shall be one (1) year commencing on the date hereof and ending one (1) year following the date hereof, and shall thereafter automatically continue for successive one (1) year terms, unless terminated by either party-upon written notice to the other party given at least thirty (30) days prior to the expiration of the then- one (1) year term. 6. Entire Agreement, This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof and may not be changed, altered or modified except by an instrument in writing signed i. ,{ the party against vvhorn enforcement of such change would be sought. Gc verninqL aw., This Agreement shall be governed by and construed in a:ccorda ,ce with the laws of the State of Florida. Venue for any litigation between the parties for any controversy arising from or related to this Agreement shall be in the 11 Judicial Ci =rcd t in and for Miami -Dade County, Florida. The parties hereby voluntarily waive any right to trial by jury for any litigation between the parties which arises out of this Agreement or the provision of law enforcement services to Owner hereunder. 8. Indemnification and Insurance. Owner agrees to defend, indemnify and sl arrrf es.s groin any ci a im, demano. suit, loss, cost, expense or damage which r nay be asserted, clamed or recovered against or from the City by reason of any property damage or bodily injury, including death, sustained by any person whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out of or is ircidentai to or in any wa, connected with this Agreement, and re.-a - les., of 4 whether such claim, demand, suit, loss, damage, cost or expense is caused in whole or in palt by City's negligence, or by the negligence of City's agents, servants or employees. In support, but not in limitation of this indemnification provision, Owner hereby agrees to maintain and pay all premiums for a policy of comprehensive general liability insurance ir) an amount of not less then $300,000 combined ;i? le limit insurance covering any occurrence on or adjacent to the Private Roads described above, resulting it property damage or bodily injury or death to person or persons. Such insurance police shall name the City and City's officers, agents and employees as additional insured with respect to traffic control or enforcement of the Private Roads and shall provide for 30 days prior written notice of any cancellation or change in scope or amount of coverage of such policy. Owner shall furnish City with a Certificate of Insurance evidencing compliance with the provisions of this section. EXECUTED as of the date first above written in several counterparts, each of which shall be deemed an original, but all constituting one Agreement. AT i EST: Ow 12- CITY OF AVENTURA, a Florida Municipal corporation 5 Signed, sealed and delivered Teresa iVi. Scmka, MMC Eric M. Soroka, CCMA -CM City Clerk City Manager Approved as to Legal Sufficiency: City Attorney EXHIBIT "All Patrol Nventura Police Officers i : marked police vehicles or motorcycles may patrol the Private Roads on. a random basis each day. Whenever possible, Traffic complaints made by occupants of the property, will be responded to and handled as a call for service, without charge to the Owner. Traffic complaints that require Extended Patrol. Activity, where the cost of service will be billed to the Owner, will only be conducted with prior approval of the Owner. When requested by the Owner to perform specific traffic enforcement duties, the Owner will be billed in accordance with EX 2 it :B" 7 ElY IY- -iIT "B" Compensation The amity will hill the Owner $25.00 per hour for each officer requested to perform the Extended "atrol Activity. 8 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN BONAVIDA CONDOMINIUM ASSOCIATION AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1 . The City Manager is hereby authorized to execute the attached Traffic Control Jurisdiction Agreement between Bonavida Condominium Association and the City of Aventura. Section 2. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 3 . This Resolution shall become effective immediately upon its adoption. The foregoing resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Bob Diamond Mayor Susan Gottlieb Resolution No. 2011 Page 2 PASSED AND ADOPTED this 1 st day of February, 2011. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF "ENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City ag r BY: Robert M. Sherman Director of om unY it Services DATE: January 18, 2011 SUBJECT: Revised Public Works Permit Fee Schedule February 1 2011 City Commission Meeting Agenda Item No. 5 - G Recommendation: It is recommended that the City Commission adopt the attached resolution revising the Public Works Inspection Permit and Review Fee Schedule adopted in 2006 with the attached Fee Schedule contained in Exhibit "A ". Background: The present fee schedule was adopted by the City Commission in April, 2006. The revised fees reflect the current Miami -Dade County inspection fees adopted in 2010. Fees have been increased to keep pace with increased fixed operational costs associated with Public Works permitting. Our consulting engineer has reviewed the fee schedule and recommends adopting it. RMS /gf Attachments RMS11003 MEMORANDUM CRAVEN THOMPSON AND ASSOCIATES, INC. Date: December 30, 2010 To: Alan Levine, Public Work Operations Manager, City of Aventura From: Chad Edwards, Consulting Engineer Reference: Public Works Permit Fee Revisions At your request, we have reviewed the City's current Public Works fee schedule as adopted by Resolution 2006 -22 on April 4, 2006 with the newly adopted Miami -Dade County Public Works fee schedule. We are recommending updating the City Public Works fee schedule to coincide with the County Public Works fee schedule. For reference attached is a cost breakdown between the existing fees versus the proposed fees. In addition to the revising the current City fee schedule I also recommend revising the verbiage in item number 5 to read as indicated on the attached markup which corresponds to the verbiage on the County fee schedule. Please call if you have any questions or require any additional information. RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING RESOLUTION NO. 2006 -22 WHICH PROVIDED A FEE SCHEDULE FOR ENGINEERING AND PUBLIC WORKS INSPECTION PERMIT AND REVIEW; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 96 -25, the City Commission is authorized to provide a fee schedule for engineering and public works inspection permit and review services provided by the City; and WHERAS, the City Commission adopted Resolution No. 2006 -22 which did establish the fee schedule for engineering and public works inspection permit and review; and WHEREAS, after public hearing, the City Commission has deemed it necessary to amend the engineering and public works inspection permit and review fee schedule. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1 . The fee schedule for engineering and public works inspection permit and review adopted by Resolution No. 2006 -22 is hereby amended as set forth on Exhibit "A" attached hereto and incorporated herein. Section 2 . The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 3 . This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez- Weinberg Vice Mayor Bob Diamond Mayor Susan Gottlieb Resolution No. 2011- _ Page 2 PASSED AND ADOPTED this 1 St day of February, 2011. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Resolution No. 2011 - Page 3 City of Aventura Public Works Permit Fees A. Permit Fees: For Installation or repair of Sanitary and storm 9 sewers, water lines, gas lines, buried electric, telephone CA TV or other underground utilities: For 100 linear feet or less $ 175.00 For each additional 100 linear feet or fraction thereof $ 55.00 For exfiltration drains consisting of catch basin, 2 exfiltration trench, or slab covered trench. For each 100 linear feet or fraction thereof $ 145.00 For installation of poles or down guys for overhead 3 utilities: For each pole or down guy $ 100.00 For construction or replacement of sidewalks, curbs 4 and gutters: For 100 linear feet or less $ 160.00 For additional 100 linear feet or fraction thereof $ 75.00 For construction or asphalt or concrete driveways, 5 including private property. For driveway width of 20 feet or less (each driveway) $ 100.00 For driveway width of 20 feet, but not greater than 40 feet, (each driveway) $ 115.00 For driveway width greater than 40 feet (each) $ 170.00 For construction of stamped concrete driveways (each) $ 100.00 For construction of brick paver driveway (each) $ 130.00 For construction of street pavements, including 6 paving of parkways and shoulders: For one lane or two lanes of pavements for 100 linear feet or less $ 400.00 For each additional 100 linear feet or fraction thereof $ 100.00 Exhibit "A" Resolution No. 2011- _ Page 4 For three or more lanes of pavements for 100 linear feet or less $ 340.00 For three or more lanes of pavements, each additional 100 linear feet or fraction thereof $ 115.00 For the installation of embankment and/or sub grade 7 material, excluding base rock and asphalt: For 100 linear feet or less $ 115.00 For each additional 100 linear feet or fraction thereof $ 30.00 8 For construction of curb separators: For each 100 linear feet or less $ 55.00 For each additional 100 linear feet or fraction thereof $ 15.00 For erection of street name signs, traffic or directional 9 signs: For each sign $ 15.00 10 For construction of bridges: For bridge roadway area of 1000 feet or less $ 1,140.00 For each additional 100 square feet or fraction thereof $ 230.00 For the installation of permanent type traffic 11 barricades, guardrails or guide posts: for each 100 linear feet or fraction thereof $ 85.00 12 For the construction of street or driveway culvert: For each 100 linear feet or fraction thereof $ 115.00 Installation of culvert pipe to enclose existing 13 drainage ditch or canal: For each 100 linear feet or fraction thereof $ 170.00 14 Installation of new traffic signals: For each intersection $ 1,710.00 15 For upgrade or modification of existing traffic signals: Resolution No. 2011 - Page 5 For each intersection $ 1,140.00 16 For resurfacing, water proofing or seal coating; For each 1000 square feet of fraction thereof $ 25.00 17 For installation of Bus Shelters: For each shelter $ 115.00 B. Penalty Fees: $115.00 When work for which a permit is required is recommended (plus double prior to obtaining a permit, a penalty fee will be imposed the original as follows: permit) C. Extension of Permit: A permit fee may be extended for a period of up to, but not more than one year from the expiration date of the original permit provided the Community Services Department is notified prior to the expiration of the permit. If the permit is allowed to expire without requesting an extension, a new permit will be required, including appropriate fees, for the remainder of the uncompleted work. D. Special Projects: A fee equal to actual staff time and related costs shall be assessed for special projects requiring research by the Department in order to answer questions proposed by property owners, condominium associations, developers, attorneys, realtors, etc., in connection with the use, re- subdivision and development of properties, including rights -of -way and easements or to determine if any existing violations are on the property through a review of departmental records. Such special fee only will be levied for requests outside the scope of normal Department work. A minimum fee of one hundred dollars ($100) shall be charged. E. Engineering Review Fees: Resolution No. 2011- _ Page 6 1 Engineering Site Plan Review: Schematic engineering plan review $ 500.00 2 Utilities, paving, grading and drainage plan review Project up to $300,000 $ 800.00 Project value over $300,000 for each $1,000 over $300,00 $ 2.50 $ 800.00 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM, City M,jr DATE: January 20, 2011 1 \ SUBJECT: Resolution Approving Legislative Programs and Priorities for 2011 February 1, 2011 City Commission Meeting Agenda Item J f 4 RECOMMENDATION It is recommended that the City Commission approve the attached Resolution approving the Legislative Programs and Priorities for 2011. This item was reviewed at the January Workshop Meeting. If you have any questions, please feel free to contact me. EMS /act Attachment CCO1720 -11 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ADOPTING THE CITY OF AVENTURA 2011 LEGISLATIVE PROGRAM AND PRIORITIES ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1 . The City of Aventura 2011 Legislative Program and Priorities, attached hereto, is hereby adopted. Section 2. The City Manager is authorized to take all action necessary to implement the purpose of this Resolution. Section 3. This Resolution shall be effective immediately upon adoption hereof. The foregoing Resolution was offered by Commissioner , who moved its adoption. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Bob Diamond Mayor Susan Gottlieb Resolution No. 2011 Page 2 PASSED AND ADOPTED this 1 St of February, 2011. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA LEGISLATIVE PROGRAM AND PRIORITIES 2011 Mayor Susan Gottlieb Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg City Manager Eric M. Soroka City Clerk Teresa M. Soroka City Attorney Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. CITY OF AVENTURA LEGISLATIVE PROGRAMS AND PRIORITIES 2011 This document is intended to provide direction to the City Manager, City Attorney and Legislative Lobbyist as to the official City position regarding issues and pending legislation which would affect the operation of local government. This document further provides priorities for the acquisition of supplemental funding (grants) for various programs. The City of Aventura will endorse and support legislation that will: 1. Provide a dedicated revenue source for Charter School capital improvements at the same levels provided to the local school boards. 2. Increase or maintain educational funding levels for Miami -Dade County public schools. 3. Amend State law allowing a more economical method of advertising for a public hearing relating to Comprehensive Plan adoption and/ or amendments. 4. Adopt the 2011 Policy Statement of the Florida League of Cities. 5. Enact a law that would prohibit an individual from writing, sending or receiving text messages while operating a motor vehicle. 6. Enact a law enabling cities to prohibit smoking at city sponsored events or activities and/ or at city parks and facilities. 7. On a state -wide level, ban the use of handheld phones by persons operating motor vehicles, but allowing hands free phone devices. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 A bill to be entitled An act relating to required advertisements for the adoption of local government comprehensive plans and comprehensive plan amendments; amending s. 163.3174, F.S.; providing requirements for the advertisement of local planning agency public hearings for the review of local government comprehensive plans and comprehensive plan amendments; amending s. 163.3184, F.S.; providing that advertisements of public hearings of the local planning agency and governing body for review, transmittal, and adoption of local government comprehensive plans and comprehensive plan amendments shall be published in a newspaper of general circulation in the county or municipality, or in a geographically limited insert of such newspaper; providing for an effective date. Be it Enacted by the Legislature of the State of Florida: Section 1. Subsection (4) (a) of Section 163.3174, Florida Statutes, is amended to read: (4) The local planning agency shall have the general responsibility for the conduct of the comprehensive planning program. Specifically, the local planning agency shall: (a) Be the agency responsible for the preparation of the comprehensive plan or plan amendment and shall make recommendations to the governing body regarding the adoption or amendment of such plan. During the preparation of the plan or plan amendment and prior to any recommendation to the governing body, the local planning agency shall hold at least one public hearing, with public notice provided in accordance with s. 163.3184 (15)(a)(2) on the proposed plan or plan amendment. The governing body in cooperation with the local planning agency may designate any agency, committee, department, or person to prepare the comprehensive plan or plan amendment, but final recommendation of the adoption of such plan or plan amendment to the governing body shall be the responsibility of the local planning agency. Section 2. Subsection (15) of Section 163.3184, Florida Statutes, is amended to read: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (15) PUBLIC HEARINGS. — (a) The procedure for transmittal of a complete proposed comprehensive plan or plan amendment pursuant to subsection (3) and for adoption of a comprehensive plan or plan amendment pursuant to subsection (7) shall be by affirmative vote of not less than a majority of the members of the governing body present at the hearing. (1) The adoption of a comprehensive plan or plan amendment shall be by ordinance. For the purposes of transmitting or adopting a comprehensive plan or plan amendment, the notice requirements in chapters 125 and 166 are superseded by this subsection, except as provided in this part. (2) Advertisements of the local planning agency public hearing for review of a comprehensive plan or plan amendment as required by s. 163.3174(4)(a), and the transmittal and adoption public hearings of the governing body, shall be published in a newspaper of general circulation in the county or municipality, or in a geographically limited insert of such newspaper. The geographic boundaries in which such insert is circulated shall include the geographic boundaries of the local government proposing the amendment. It is the legislative intent that, whenever possible, the advertisement appear in a newspaper that is published at least 5 days a week unless the only newspaper in the county or municipality is published less than 5 days a week, or that the advertisement appear in a geographically limited insert of such newspaper which insert is published at least twice each week. It is further the legislative intent that the newspaper selected be one of general interest and readership in the community and not one of limited subject matter, pursuant to chapter 50. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. (b) The local governing body shall hold at least two advertised public hearings on the proposed comprehensive plan or plan amendment as follows: 1. The first public hearing shall be held at the transmittal stage pursuant to subsection (3) . It shall be held on a weekday at least 7 days after the day that the first advertisement is published. 2. The second public hearing shall be held at the adoption stage pursuant to subsection (7) . It shall be held on a weekday at least 5 days after the day that the second advertisement is published. (c) The local government shall provide a sign -in form at the transmittal hearing and at the adoption hearing for persons to 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 provide their names and mailing addresses. The sign -in form must advise that any person providing the requested information will receive a courtesy informational statement concerning publications of the state land planning agency's notice of intent. The local government shall add to the sign -in form the name and address of any person who submits written comments concerning the proposed plan or plan amendment during the time period between the commencement of the transmittal hearing and the end of the adoption hearing. It is the responsibility of the person completing the form or providing written comments to accurately, completely, and legibly provide all information needed in order to receive the courtesy informational statement. (d) The agency shall provide a model sign -in form for providing the list to the agency which may be used by the local government to satisfy the requirements of this subsection. (e) If the proposed comprehensive plan or plan amendment changes the actual list of permitted, conditional, or prohibited uses within a future land use category or changes the actual future land use map designation of a parcel or parcels of land, the required advertisements shall be in the format prescribed by s. 125.66(4) (b) 2. for a county or by s. 166.041(3) (c) 2.b. for a municipality. Such advertisements may be placed in a geographically limited insert of a newspaper of general circulation as provided in paragraph (a)(2) of this subsection. Section 3. 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IL I � I N hL l r or ° ƒ / $ / \�\ %`\ g 7 »_ m \ O ■ \ \ 2 ■ 7 \ 7 a= cc cc / / J � � m J m \ / 0 o o . « / \ / / �■ / 2 \ 0 3 \ 2 © ® ƒ \ _ ] a ® § - co § > q p \ 7 ƒ \ / / o \ E [ 2 7 $ \ /\ - / $ / m m 0 2 0 / @/ \ a \ \ \ § C > 0 / \ * \ &\ /> / 2 3-n m 2 g L j / G W S / \ } o a ƒ & 3 ® / \ / ) } \ E 2 f \ @ @ ■ o ® ■ a \ a / / e \ ? § ® / / / \ ( ( ƒ \ \ / § / \ / \ 3 7 ' / \ ) \ CO \ / \ / / / / x 3 7 \ § § / 3 ° k PIP g i a � (D � W Ph / m \ ■ :3 ® 2 @ CD CD CD @ > _ E e m « � ƒ\» % / \ / j _ § \ \ O CD \ e S ► . y x . . ^ Xt / Cl) OImm r- m »@ / / j ) \ ƒ \ cc ¥ y� * =�K0 \: Cl) : / q E [ 7 \/ m D / \ 9 7 ± ƒ ƒ 9 / % � * a G > ® a \ ¥ Of \ * \ \ 3 E ° § s m § / f ® f / 2 $ \ / m ° = 2 \ (D D o e — \ ■ 2 \ £ Cl) 2 g n c 2 _ , 3 \»� t = s 2 e / \ ° % / \ ? = O n a = % .■ \ } $ \ ƒ ■ \ \ \ \ \ / / ƒ \ ; ° ( n \ / cn \ / m 9 ® 3 o / 7 W. ¢ ■ ƒ § / & I 9 3 T/ g§ 7 \ > 7 / } / / ® { k e o p a a o 09 f e \ \ \ ® § 0 » \ 0 � \ \ \ = 7 a : ® O } \ & 3 _ his brochure reflects the priorities of 410 municipalities, as prepared by the five legislative policy committees and adopted by the full membership at the Florida League of Cities 50th Annual Legislative Conference on November 19, 2010, in Orlando. 2010 -2011 Officers President Mayor Joy Cooper, Hallandale Beach First Vice President Mayor Patricia Bates, Altamonte Springs Second Vice President Mayor Manny Marono, Sweetwater The Florida League of Cities, Inc., formed in 1922, represents the municipalities of Florida. Its mission is to concentrate the influence of all city, town and village officials upon other policymaking bodies for the purpose of shaping legislation and public policy, sharing the advantages of cooperative action, and exchanging ideas and experiences. For more information on the League's legislative initiatives, please contact: Florida League of Cities PO. Box 1757 Tallahassee, FL 32302 -1757 Phone: (850) 222 -9684 Fax: (850) 222 -3806 Visit the League's Web site at www.flcities.com. February 1, 2011 Agenda Item 5 -1 RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA SUPPORTING PREVENTATIVE MEASURES TO FIGHT OBESITY AS SET FORTH BY FIRST LADY OF THE UNITED STATES OF AMERICA MICHELLE OBAMA IN THE LET'S MOVE CAMPAIGN; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City of Aventura supports policies that focus on health and wellness, continuing education and healthier lifestyles in all communities; and WHEREAS, many cities, counties and schools have adopted policies, programs and ordinances that promote healthy lifestyles by making their communities walkable, promoting youth and senior activities, eliminating the sale of junk food in city, county or school facilities, providing incentives for stores that sell fresh produce to locate in depressed neighborhoods and providing exercise opportunities for their residents; and WHEREAS, cities and other community partners can work together to understand the relationship between obesity, land -use policies, redevelopment and community planning; and ensure that there are safe places for their residents to be active such as in parks, ball fields, pools, gyms and recreation centers; and WHEREAS, access to healthy foods has a direct impact on the overall health of our community and planning for fresh food, open spaces, sidewalks and parks should be a priority; and Resolution No. 2011 - Page 2 WHEREAS, the Florida League of Mayors supports the Let's Move! Campaign headed by the First Lady of the United States, the President's Task Force on Childhood Obesity and Secretary of Health and Human Services in an effort to solve the challenge of childhood obesity within a generation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1 . The City of Aventura supports measures to fight obesity as set forth by the First Lady of the United States of America in the Let's Move! Campaign. Section 2. The City of Aventura supports efforts to help parents make healthy family choices, create healthy schools, provide access to healthy and affordable foods and promote physical activity. Section 3. The City Manager is authorized to take all action necessary to implement the purpose of this Resolution. Section 4. This Resolution shall be effective immediately upon adoption hereof. The foregoing Resolution was offered by Commissioner , who moved its adoption. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Bob Diamond Mayor Susan Gottlieb Resolution No. 2011 - Page 3 PASSED AND ADOPTED this 1 st of February, 2011. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY FEBRUARY 1, 2011 AGENDA ITEM 54 F- CITY OF AVENTURA Memo To: Mayor and City Commission City of Aventura From: Charter Revision Commission (the "CRC ") Date: December 21, 2010 Re: CRC Report and Recommendation on Charter Amendment I. Recommendation Pursuant to City Charter section 7.06, and after careful review of the necessity for any revision to the City Charter, the CRC hereby respectfully recommends that an amendment of City Charter Section 2.03(c) be presented to the electors of the City for approval or rejection. The Charter amendment, if approved by the electors, would revise the limit _on the total combined years of consecutive service by those persons who serve separately as both Mayor and Commissioner from eight years to twelve years of combined service. The two term limit for those persons who serve solely as Mayor or Commissioner will remain. The specific amendment to City Charter Section 2.03(c) is shown below, by underlining for added text and by strikethrough for deleted text, as follows: Section 2.03. Election and term of office. (a) Election and term of office. Each Commissioner and the Mayor shall be elected at- large for four year terms by the electors of the City in the manner provided in Article V of this Charter. The four -year term length which is provided for in this paragraph (a), shall be extended as necessary to accomplish the election date revision made pursuant to Charter Section 5.01 (c)(ii) of the City Charter, as applicable. Accordingly, the term of office of the Mayor and Commission Seats 2, 4, and 6 which would otherwise expire in March of 2009 shall instead expire in November 2010, and the term of office of Commission Seats 1, 3 and 5 which would otherwise expire in March of 2011, shall instead expire in November 2012. {b} Residential Areas. The City shall be divided by the William Lehman Causeway into two residence areas: the north area consisting of those portions of the City lying north of the William Lehman Causeway (the "Northern Area ") and the south area consisting of those portions of the City lying south of the William Lehman Causeway (the "Southern Area "). Collectively the Northern Area and the Southern Area are "Residential Areas "; individually, each is a "Residential Area." Two Commissioners shall reside in the Northern Area (Seats 1 and 2), two Commissioners shall reside in the Southern Area (Seats 3 and 4), and two Commissioners shall be elected without regard to residence in any particular Residential Area (Seats 5 and 6). Persons running from a particular Residential Area must be a resident of the Residential Area which s/he proposes to represent on the Commission at the time of qualifying, at the time of his/her election and must continue to reside in such Residential Area during his /her term of office. The Commissioners from Residential Areas 1, 2, 3, and 4 are collectively the "Residential Area Commissioners;" individually, each is a "Residential Area Commissioner." The Commissioners holding seats 5 and 6 are collectively the "At -Large Commissioners "; individually, each is an "At -Large Commissioner." (c) Limitations on lengths of service. No person shall serve as Mayor for more than two consecutive elected terms. No person may serve as a Commissioner on the Genmnissien for more than two consecutive terms. No person may serve as a combination of Mayor and Commissioner for more than eigkt twelve consecutive years, except for the additional length of service as Mayor and /or Commissioner described in paragraph (a) above, which results from the extension of the term of office of Mayor and /or Commissioner as produced by the election date change provided by Charter Section 5.01 (c)(ii). Service shall be deemed to be consecutive unless there is an intervening four -year period during which the individual does not serve as a Commissioner or Mayor (the 'Break in Service "). Any p er-son serving the - ffneurA of time as Mayor- must ha-ve a fi3uf year Break in SeFviee befere Cemmissienen Amy p the maximum amount of- tifne as r t h ave a f auf Break i S e be fore s r.r., Any year- person serving the maximum amount of time as a combination of Mayor and Commissioner must have a four year Break in Service before serving as Mayor or Commissioner. This Break in Service requirement shall be applicable only prospectively and shall apply to any person who after the effective date of this Break in Service provision reaches the maximum limitation on length of service which is provided herein. No candidate may run for either the office of Mayor or Commissioner when, if elected, the person would exceed the limitations on service set forth in this paragraph by any length of time taking into account the full regular term for the office sought. Our recommendation includes the placement of a legislative history footnote at the proposed 12 year provision of the above text, which references this memorandum by stating, that: "The Charter Revision Commission Report of December 21, 2010, provides examples of the application of this 12 year limit, which shall serve as an aide to the construction of the amendment." 2 II. Discussion The CRC has directed inclusion herein of the following examples of the application of this amended twelve year combined service limit. The twelve year combined service limit would enable a person to be elected to serve on the City Commission, as follows: 1. A person may consecutively serve eight years (two terms) as Commissioner , followed by four years (one term) as Mayor; 2. A person may serve eight years (two terms) as Mayor, followed by four years (one term) as Commissioner; 3. A person may serve four years (one term) as Commissioner, followed by eight years (two terms) as Mayor; 4. A person may serve four years (one term) as Mayor, followed by eight years (two terms) as Commissioner; 5. A person may serve four years ( one term) as Commissioner, followed by four years one term ) as Mayor, followed by four years ( one term) as Commissioner; 6. A person may serve four years ( one term ) as Mayor, followed by four years ( one term) as Commissioner, followed by four years ( one term) as Mayor; 7. A further example, concerning the situation of where a Commissioner completes his or her 8 years of service, at a time that does not coincide with the expiration of the Mayor's term, is appropriate. An illustrative example under that scenario is that a Commissioner whose second term of office expires in November 2012 (at a time when the Mayor's term does not expire until 2014), may wait out two years ( while not serving as Commissioner or Mayor) and then seek election as Mayor in 2014, and would be eligible to serve as Mayor for a single term of four years ( 8 + 4 =12 years, combined service) . Of course, a person may always wait out for a period of four years under the Break in Service provision of Charter Section 2.03 (c) and be eligible for a new combined consecutive service total of 12 years thereafter. The above list of examples may not be exhaustive of all possibilities, but shall serve to illustrate the intent and application of the Charter amendment, if approved by the electors. III. Conclusion The CRC respectfully requests that the City Commission consider this report at the February, 2011 City Commission meeting. We recognize that the Commission will, as required 3 by City Charter Section 7.06, place this proposed Charter amendment before the City electors at an election which takes place no sooner than 60 days and no later than 150 days after the date of this report. All members were honored to have had the opportunity to be of service to the City. KADOCS\0328\00 1\3 1 L3443.DOC 4 RESOLUTION NO. 2011- RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF PROPOSED AMENDMENTS TO THE CITY CHARTER AS PROVIDED BY THE CHARTER REVISION COMMISSION, IN ACCORDANCE WITH SECTION 7.06 OF THE CITY CHARTER; CONSISTING OF PROPOSED CHARTER AMENDMENTS CONCERNING PARAGRAPH (C) " LIMITATIONS ON LENGTHS OF SERVICE" OF SECTION 2.03 "ELECTION AND TERM OF OFFICE" OF THE CITY CHARTER PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO THE ELECTORATE; CALLING A SPECIAL ELECTION ON THE PROPOSED AMENDMENTS TO THE CITY CHARTER TO BE HELD ON TUESDAY, THE 12 DAY OF APRIL, 2011; PROVIDING NOTICE OF ELECTION; PROVIDING FOR MAIL BALLOT ELECTION; PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 7.06 of the City Charter, the Charter Revision Commission has determined that certain revisions are needed to the City Charter and has by report of December 21, 2010 submitted the proposed amendment of the City Charter (the "Charter Amendments ") to the City Commission; and WHEREAS, pursuant to Section 7.06 of the City Charter, the City Commission is required to submit the Charter Amendments to the electors of the City for approval or rejection. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That the above stated recitals are hereby adopted and confirmed. Resolution No. 2011 Page 2 Section 2. Charter Amendments. That pursuant to Section 7.06 of the City Charter and Section 6.03 of the Miami -Dade County Charter, the City Charter of the City of Aventura, Florida, is hereby amended by amending the City Charter Section described below in Part A , to read as follows: I Part A. That paragraph (c) " Limitations on lengths of service" of Section 2.03 " Election and term of office" of the City Charter, is amended by revising paragraph (c) of said section, to read as follows: Section 2.03. Election and term of office. (a) Election and term of office. Each Commissioner and the Mayor shall be elected at- large for four year terms by the electors of the City in the manner provided in Article V of this Charter. The four -year term length which is provided for in this paragraph (a), shall be extended as necessary to accomplish the election date revision made pursuant to Charter Section 5.01 (c)(ii) of the City Charter, as applicable. Accordingly, the term of office of the Mayor and Commission Seats 2, 4, and 6 which would otherwise expire in March of 2009 shall instead expire in November 2010, and the term of office of Commission Seats 1, 3 and 5 which would otherwise expire in March of 2011, shall instead expire in November 2012. (b) Residential Areas. The City shall be divided by the William Lehman Causeway into two residence areas: the north area consisting of those portions of the City lying north of the William Lehman Causeway (the "Northern Area ") and the south area consisting of those portions of the City lying south of the William Lehman Causeway (the "Southern Area "). Collectively the Northern Area and the Southern Area are "Residential Areas "; individually, each is a "Residential Area." Two Commissioners shall reside in the Northern Area (Seats 1 and 2), two Commissioners shall reside in the Southern Area (Seats 3 and 4), and two Commissioners shall be elected without regard to residence in any particular Residential Area (Seats 5 and 6). Persons running from a particular Residential Area must be a resident of the Residential Area which s/he proposes to represent on the Commission at the time of qualifying, at the 1 / Proposed additions to existing City Charter text are indicated by underline proposed deletions from existing City Charter text are indicated by strip. 2 Resolution No. 2011 Page 3 tc) time of his/her election and must continue to reside in such Residential Area during his/her term of office. The Commissioners from Residential Areas 1, 2, 3, and 4 are collectively the "Residential Area Commissioners;" individually, each is a "Residential Area Commissioner." The Commissioners holding seats 5 and 6 are collectively the "At -Large Commissioners "; individually, each is an "At -Large Commissioner." Limitations on lengths of service. No person shall serve as Mayor for more than two consecutive elected terms. No person may serve as a Commissioner on Eemmissien for more than two consecutive terms. No person may serve as a combination of Mayor and Commissioner for more than ei& twelve consecutive years except for the additional length of service as Mayor and /or Commissioner described in paragraph (a) above, which results from the extension of the term of office of Mayor and /or Commissioner as produced by the election date change provided by Charter Section 5.01 (c)(ii). Service shall be deemed to be consecutive unless there is an intervening four -year period during which the individual does not serve as a Commissioner or Mayor (the 'Break in Service "). Any per seEv ng the mount ef time as Mayer must have a fouf r.. ize velvle a 1Z An n the r :.�....,.�. n i unt of time ��lllllilll (1 V k r must h ave a f otff ye Break i c1 b f n o g as M ayon Any person serving the maximum amount of time as a combination of Mayor and Commissioner must have a four year Break in Service before serving as Mayor or Commissioner. This Break in Service requirement shall be applicable only prospectively and shall apply to any person who after the effective date of this Break in Service provision reaches the maximum limitation on length of service which is provided herein. No candidate may run for either the office of Mayor or Commissioner when, if elected, the person would exceed the limitations on service set forth in this paragraph by any length of time taking into account the full regular term for the office sought. Section 3. Election Called. That a special election is hereby called, to be held on Tuesday, the 12 day of April, 2011, to present to the qualified electors of the City of Aventura, the ballot question provided in Section 4 of this Resolution. 2 The Charter Revision Commission Report of December 21 2010 provides examples of the application of this 12 year limit which shall serve as an aide to the construction of the amendment. 3 Resolution No. 2011 - Page 4 Section 4. Form of Ballot. That the form of ballot for the Charter Amendments provided for in Section 2 of this Resolution shall be substantially as follows: CITY OF AVENTURA CHARTER AMENDMENTS REVISED LIMIT ON TOTAL COMBINED YEARS OF SERVICE AS MAYOR AND COMMISSIONER The City Charter currently allows a person to serve up to 8 consecutive years as Mayor and Commissioner, regardless of whether that person serves as Mayor or Commissioner or serves separately in both capacities. It is proposed that the City Charter be amended to allow a person to serve a combined total of 12 consecutive years, for any person who serves as both Mayor and Commissioner. Shall the above- described Charter amendment be adopted? YES ( ) NO ( ) Section 5. Balloting. That mail ballots, as prescribed by Section 101.6101 - 101.6107, Florida Statutes, shall be used in this special election. All qualified City electors who are timely registered in accordance with law shall be entitled to vote. The City Clerk is authorized to obtain any necessary election administration services from the Miami -Dade County Supervisor of Elections. The County registration books shall remain open at the Office of the Miami -Dade County Supervisor of Elections until March 14, 2011, at which date the registration books shall 11 Resolution No. 2011 Page 5 close in accordance with the provisions of the general election laws. The Miami -Dade County Supervisor of Elections is hereby authorized to take all appropriate action necessary to carry into effect and accomplish the provisions of this Resolution. This special election shall be canvassed by the County Canvassing Board unless otherwise provided by law. Section 6. Notice of Special Election. That notice of said special election shall be published in accordance with Section 100.342, Fla. Stat., in a newspaper of general circulation within the City at least 30 days prior to said election, the first publication to be in the fifth week prior to the election (to -wit: during the week commencing Sunday, March 6, 2011), and the second publication to be in the third week prior to the election (to -wit: during the week commencing Sunday, March 20, 2011), and shall be in substantially the following form: "NOTICE OF SPECIAL ELECTION PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO RESOLUTION NO. ADOPTED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA (THE "CITY ") A SPECIAL ELECTION HAS BEEN CALLED AND ORDERED TO BE HELD WITHIN THE CITY ON TUESDAY, THE 12 DAY OF APRIL, 2011, BY MAIL BALLOT, AT WHICH TIME THE FOLLOWING CHARTER AMENDMENT PROPOSAL SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY. CITY OF AVENTURA CHARTER AMENDMENTS REVISED LIMIT ON TOTAL COMBINED YEARS OF SERVICE AS MAYOR AND COMMISSIONER Resolution No. 2011 - Page 6 The City Charter currently allows a person to serve up to 8 consecutive years as Mayor and Commissioner, regardless of whether that person serves as Mayor or Commissioner or serves separately in both capacities. It is proposed that the City Charter be amended to allow a person to serve a combined total of 12 consecutive years, for any person who serves as both Mayor and Commissioner. Shall the above- described Charter amendment be adopted? YES ( ) NO ( ) The full text of the proposed City Charter Amendment is available at the office of the City Clerk located at 19200 West Country Club Drive, Aventura, Florida 33180. City Clerk" Section 7. Copies. That copies of this Resolution proposing the Charter Amendments are on file at the offices of the City Clerk located at 19200 West Country Club Drive, Aventura, Florida 33180, and are available for public inspection during regular business hours. Section 8. Effectiveness. That the Charter Amendments provided for in Section 2 above shall become effective if the majority of the qualified electors voting on the specific Charter Amendment vote for its adoption, and it shall be considered adopted and effective upon certification of the election results. Following adoption of the Charter Amendments, the City Clerk shall file the adopted Charter Amendments with the Clerk of the Circuit Court of Miami- Dade County, Florida. D Resolution No. 2011 - Page 7 Section 9. Inclusion In The Charter. That subject to the requirements of Section 8 above, it is the intention of the City Commission and it is hereby provided that the Charter Amendments shall become and be made a part of the Charter of the City of Aventura ; and that footnote 2 of Section 2 shall be codified as an explanatory guide to the construction of the amendment of Charter section 2.03 (c); and that the Sections of this Resolution may be renumbered or relettered to accomplish such intention. Section 10. Effective Date of Resolution. 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 Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Bob Diamond Mayor Susan Gottlieb _ 7 Resolution No. 2011 Page 8 PASSED AND ADOPTED this 1 St day of February, 2011. Susan Gottlieb, Mayor Attest: Teresa M. Soroka, MMC City Clerk Approved as to Form and Legal Sufficiency: City Attorney CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA -CM DATE: January 20, 2011 SUBJECT: Disbursement of Police Forfeiture Funds February 1, 2011 City Commission Meeting Agenda Item 5'K RECOMMENDATION It is recommended that the City Commission adopt the following Motion to expend funds from the Police Forfeiture Fund: "Motion authorizing the appropriation of up to $6,000 for the LEO Foundation from the Police Forfeiture Fund in accordance with the City Manager's memorandum ". If you have any questions, please feel free to contact me. EMS /act Attachment CCO1721 -11 CITY OF AYENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM TO: Eric M. roka, City Manager FROM: en ein rg, Chief of Police DATE: 18 January 2011 SUBJECT: Use of Forfeiture Funds Florida State Statute 932.704 requires that money resulting from forfeitures be maintained in a special law enforcement trust fund, and that the funds be expended only upon request of the Chief of Police to the governing body of the municipality and approval of the governing body. I am requesting City Commission approval for the expenditure of. LEO Foundation Total Expenditure Request: $6,000 I certify that this requested expenditure complies with Florida State Statute 932.704 in that: 1. Funds will be used for an appropriate law enforcement purpose. 2. Funds are not being used as a normal source of revenue for the Police Department. 3. Funds were not considered in the adoption and approval of the budget of the Police Department. CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO City Commission FROM: Eric M. Soroka, I City Manager y'1 Joanne Carr, AI( Community Dew DATE: January 10, 2011 for SUBJECT: Request of Target Corporation for Conditional Use Approval to establish beer and wine package sales within its existing department store at 21265 Biscayne Boulevard, Aventura, notwithstanding the spacing and distance requirements for the sale and service of alcoholic beverages pursuant to Section 4 -2(a) and (b) of the City Code (02- CU -11) February 1, 2011 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the conditional use application to establish beer and wine package sales within the Target department store as a grocery item at 21265 Biscayne Boulevard, Aventura, subject to the following conditions: 1. This approval shall be granted exclusively to the Target store at 21265 Biscayne Boulevard, City of Aventura. 2. The use shall be established within twelve (12) months of the date of the approved resolution, or the approval granted herein shall expire, unless extended by motion of the City Commission at the written request of the applicant. 3. The sale of wine and beer shall be established in conjunction with the grocery section of the department store. This conditional use approval shall terminate in the event the grocery section of the department store use is removed. 4. The applicant shall obtain a 2 APS Series State of Florida license which allows package sales of beer and wine in sealed containers for consumption off - premises only and the applicant shall not provide for the sale of beer and wine for on- premises consumption. 5. The sale of alcoholic beverages shall be terminated in the event that the City Commission determines, after a public hearing, that the operation has created and /or may tend to create a disturbance to the community. A public hearing shall be set if the City Manager finds probable cause to believe that a disturbance has been created, based upon complaints received or the City Manager's observation. 6. The applicant shall comply with the hours of operation allowed to establishments for package sales pursuant to Section 4 -3 of the City Code, namely, between 8:00 a.m. and 10:00 p.m., except that the sale of beer that may be made in sealed containers for off - premises consumption during such hours as the store is legally open for the sale of other grocery items. THE REQUEST The applicant, Target Corporation is requesting Conditional Use approval to sell beer and wine in its existing department store at 21265 Biscayne Boulevard, notwithstanding the spacing and distance requirements for the sale and service of alcoholic beverages of Section 4 -2 (a) and (b) of the City Code. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY APPLICANT ADDRESS OF PROPERTY SIZE OF PROPERTY: Target Corporation Patricia A. Johnson on behalf of Target Corporation 21265 Biscayne Boulevard, City of Aventura (See Exhibit #2 for Location Map) Approximately 11.13 acres LEGAL DESCRIPTION Tract B of Aventura Commons, according to the Plat thereof as Recorded in Plat Book 151, Page 58 of the Public Records of Miami -Dade County, Florida Zoning — Subject Property: B2 Community Business District Properties to the North: B2 Community Business District Properties to the South: B2 Community Business District Properties to the East: RS2 Residential Single Family District Properties to the West: B2 Community Business District and MO Medical Office District Existing Land Use — Subject property: Commercial Properties to the North: Vacant 2 Properties to the South: Commercial Properties to the East: Residential Single Family Properties to the West: Vacant, Storage Facilities Future Land Use - According to the City of Aventura Comprehensive Plan the following properties are designated as follows: Subject property: Business and Office Property to the North: Business and Office Property to the South: Business and Office Property to the East: Medium -High Density Residential Property to the West Business and Office The Site - The subject site is the Aventura Commons retail plaza containing this Target department and grocery store, Best Buy, Whole Foods Market, Cellars Wine & Spirits, Original House of Pancakes, Boston Market and other stores. The plaza is located on the east side of Biscayne Boulevard and the south side of NE 213 Street. The Project - Target Corporation is an existing tenant in this retail plaza built in 1998. The size of the store is approximately 117,721 square feet in total which includes approximately 5,500 square feet of a grocery food section. The proposed beer and wine sales section will be less than 100 square feet in the food section. No expansion of the store is proposed for the sale of beer and wine. A floor layout plan is attached as Exhibit #3 showing the area in which the beer and wine will be displayed for sale. Section 4 -2 (a) and (b) of the City Code establishes certain spacing and location requirements applicable to businesses selling alcoholic beverages. The Code provides that no premises shall be used for the sale and service of alcoholic beverages to be consumed on or off premises unless it is located at least 1,500 feet from a place of business having an existing liquor license (and not one of the uses excepted from the spacing requirements) and 2,500 feet from a religious facility or school. It allows certain exceptions detailed in Section 4 -2(e) of the City Code and noted below in the analysis of this request. The applicant does not meet either the spacing requirements or the exception conditions and therefore requires conditional use approval. The Aventura Police Department has confirmed that it has no crime prevention concerns with this proposed use. ANALYSIS Consistency with Comprehensive Master Plan — The request is consistent with the City of Aventura Comprehensive Plan. This store is located within property with a Business and Office land use designation which permits commercial uses. Citizen Comments - The Community Development Department has received no written citizen comments as of the date of writing of this report. 3 Community Development Department Analysis - The applicant is requesting conditional use approval for the sale of beer and wine from an existing department store. Chapter 4 of the City Code, regulating the sale of alcoholic beverages, requires certain spacing and distance requirements from religious facilities and schools and from other establishments selling alcoholic beverages. Section 4 -2 (a) and (b) of the City Code prohibits the sale of any alcoholic beverages, to be consumed on or off the premises, where the structure or place of business intended for such use is located less than 1,500 feet from another place of business having an established alcoholic beverage use (and not one of the uses excepted from the spacing requirement), or where the place of business is located less than 2,500 feet from a religious facility or school. The liquor survey submitted by the applicant shows the following: • Aventura Chabad, 21001 Biscayne Boulevard 598 feet • Aventura Turnberry Jewish Center, NE 203 St & NE 30 Ave 2,057 feet • Aventura Waterways K -8 Center, 21101 NE 26 Avenue 2,295 feet • Cellars Wine & Spirits Warehouse, 21055 Biscayne Boulevard 353 feet • Winn Dixie Liquor Store, 20355 Biscayne Boulevard 2,740 feet (See Exhibit #4 for Liquor Survey) Section 4 -2 (e) of the City Code provides for certain exceptions to these spacing and distance requirements. An establishment selling alcoholic beverages is exempt from the 1,500 -foot and 2,500 -foot spacing distances if it falls within one of the following categories: 1. A private club conforming to the requirements of a private club as stated in the State Beverage Law. The proposal does not meet this definition for exemption. 2. Restaurants in the B2 zoning district which serve cooked, fully course meals daily prepared on the premises and which provides alcoholic beverages service only to persons seated at tables. The proposal does not meet this definition for exemption. 3. Cocktail lounges in restaurants where the restaurant seats 200 or more patrons at tables or counts and occupies more than 4000 square feet of floor space. The proposal does not meet this definition for exemption. 4. Beer and wine for off - premises consumption as a grocery item, from grocery stores and meat markets. 4 The Target store is primarily a department store that sells grocery items along with others, therefore, it does not fall into this exemption category. 5. Bowling alleys with restaurants, hotels and motels with at least 100 guest rooms, golf course clubhouses and refreshment stands, tour boats, tennis clubs and indoor racquetball clubs, and not - for - profit theatres with live performances and 100 seats. The proposal does not meet any of these definitions for exemption. Criteria According to Section 31 -73(c) of the City's Land Development Regulations, a Conditional Use request is evaluated using the following criteria: 1. The proposed use shall be consistent with the Comprehensive Plan. The request is consistent with the Comprehensive Plan. The establishment is to be located on a parcel with business and office land use designation which permits commercial uses. The existing tenant space will not be altered or expanded to accommodate the addition of beer and wine sales; therefore, the levels of service standards set out in the Comprehensive Plan will not be reduced. 2. The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety or general welfare. The request for sales of wine and beer within the existing store will not be detrimental to or endanger the public health, safety or general welfare. The applicant advises that Target Team members take part in a required in -house training program that focuses upon appropriate age of sale, prohibited sales to underage and intoxicated people and the need to request identification. State and local restrictions are included in the training. Manager and cashier employees must pass a training examination with an 80% score or greater before being able to run a register that would include liquor sales. Additionally, their Point of Sales (POS) registers are programmed to prompt for purchaser's age for every alcohol transaction and to recognize and not allow liquor sales during restricted selling periods. 3. The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The request for wine and beer sales within the existing store is consistent with the business community character of the immediate neighborhood. The store is located in a large retail plaza and adjacent to other retail stores. 4. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services shall exist at the City's adopted levels of service 5 or will be available concurrent with demand as provided for in the requirement of these LDR's. Utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the Land Development Regulations. The proposal to add wine and beer products to an existing store, with no alteration or expansion of the store will not affect the adopted levels of service. 5. Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. The store is accessed by way of existing entrances and exits to Biscayne Boulevard, NE 213 Street and NE 30 Avenue. The proposed use will not affect existing ingress and egress. 6. The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The establishment of beer and wine sales on 100 square feet of an existing 117,721 square foot department store will not impede the development of surrounding properties for uses permitted in the zoning district. 7. The design of the proposed use shall minimize adverse affects, including visual impacts of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. The sale of wine and beer is proposed within the existing tenant space, with no expansion of the space. The existing store will not be altered or expanded. Therefore, there will be no visual impact of the proposed use on adjacent property. M November 19, 2010 City of Aventara Community Development Department Exhibit 19200 W Country Club Drive Aventara, FL 33180 RE: Target Corporation application for Conditional Use Approval To Whom It May Concern: Target Corporation respectively requests consideration for a Conditional Use Approval for Beer and Wine Package Sales (2APS) for the Target store located at 21265 Biscayne Boulevard. Target is a general merchandise retailer operating 1,752 traditional upscale discount stores (including the Aventura store) and 251 SuperTarget stores featuring a grocery assortment in addition to the traditional general merchandise offering. In order to better meet the needs of our guests and to give them the added convenience of one -stop shopping at Target, we now feature beer, wine and /or spirits in nearly 1,091 stores nationwide. Encouraged by these successes and the favorable demographics in the Aventura market, we would like to offer beer and wine in the Aventura store. The Aventura store has been open for business and established in the community since 1998. We are aware of community concerns in relation to sales of alcohol and want to stress that each Target store that carries alcohol will adhere to both State and local ordinance requirements. Also, this offering is ancillary to our primary business, typically representing less than 100 square feet in the market /food section of our store which includes about 5,500 square feet. The size of our Aventura general merchandise store is approximately 117,721 square feet in total. Target takes the responsibility that comes with liquor sales very seriously. Team members take part in a required in -house training program that focuses upon appropriate age of sale, prohibited sales to underage and intoxicated people and the need to request identification. State and local restrictions are included in the training. Manager and cashier employees must pass a training examination with an 80% score or greater before being able to run a register that would include liquor sales. Additionally, our Point of Sales (POS) registers are programmed to prompt for the purchaser's age for every alcohol transaction and to recognize and not allow liquor sales during restricted selling periods. 1000 Nicollet Mall, Minneapolis, MN 55403 Currently, our store hours are 8AM to 11 PM, Monday through Saturday and 8AM to I OPM Sunday. We have expanded hours from the day after Thanksgiving to New Year's Day as well. We will comply with the selling requirements of the City and have the ability to restrict alcohol sales at each POS terminal to accomplish this. If you have questions, please feel free to contact me at 612 -761 -1913. 1 appreciate your review of this request and look forward to hearing from you soon. Sincerely, s Dot .Vai navong' Business Licensing Target Corporation 1000 Nicollet Mall TPN -0910 Minneapolis, MN 55403 BROWARD COUNTY j ` - "`Ir `e a VT%rV1i v% In %rvLT0 0 m DADE COUNTY ,. ;■ ■ ����. * . + . ' , y ��� i � ;■ YACHT CLUB DR. ■ ;■ 1 MARINA • 1 r Arcntura Hospital HARBOR COVE CIRCLE ■ ■ '■ r & Medical �"� Center W WAY ■ > IN�R� ■ ■ '■ Waterways ■ ■ ;■ WATERWAYS BL - Shoppes 207 ST. ■ j,',2 Q COUNTRY CLUB DR. The 5 Promenade T. Shops ° ■ O� IVES DAIRY RD. r 203 ST. Cj �/�� '■ U ■ � � T r J - ■ '■ 201 TER rn � r � '■ "' o TurnberryJsle ■ m ■ '• m Resort & Club AVENTURA Fire it / ■ :, ...f�,„ ) 1.0�, e ui O ■rte C--rTe +cr Ev.t'C I xm � "� �; �I IC I _. �: m .�_:. -� ;, I' -7�- _ !'t� 4-��1� l —3 ' I �- °t!, T' } f - 1 il I � � I I! 1 IS H s7UM L�l F-1 f--I Y H f4 9 .� T Ji I I e l -1 _ rte lo, 14 1 fj _ H H 'c�q H H,9 Lam' 'El Lq L" '-I L— Lt" a 1 f LH � F=1 L'q �J N` eg L3 E3 r` H 179 U .H L�l L-_9 d L-9 1 �9 Ej N [79 H L—i t.H fi t3 -- 7 �+ i N r3 f + + : H H a + •k2cl -L�,q +44 H tf+ H s ° O E 3 r; P�OYOX (OC G��ICbhOI �ta`Q��� — — I1 - � s t II. , T I' C--rTe +cr Ev.t'C I xm � "� �; �I IC I _. �: m .�_:. -� ;, I' -7�- _ !'t� 4-��1� l —3 ' I �- °t!, T' } f - 1 il I � � I I! 1 IS H s7UM L�l F-1 f--I Y H f4 9 .� T Ji I I e l -1 _ rte lo, 14 1 fj _ H H 'c�q H H,9 Lam' 'El Lq L" '-I L— Lt" a 1 f LH � F=1 L'q �J N` eg L3 E3 r` H 179 U .H L�l L-_9 d L-9 1 �9 Ej N [79 H L—i t.H fi t3 -- 7 �+ i N r3 f + + : H H a + •k2cl -L�,q +44 H tf+ H s ° O E 3 r; APPLICANT REPRESENTATIVE AFFIDAVIT a. ., Pursuant to Section 31- 71(15)(2)(i) of the City of A.ventura Lanai Development Code, this Applicant Representative Affidavit is hereby made and submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit, which is identified in the accompanying application, and the owner of the property subject to the application ('if different) hereby lists and identifies a!i persons representing the !ndividaa! or entity applying for the Development Permit in connection vlilh the application, as follows: Name Relationship (i e. Attorneys, Architects, Landscape Architects, Engineers, Lobbyists, Etc.) Lacey McFadden Executive Team Leader - GE R yan Thomas E ngineer cc- fsV (Attach Additional Sheets if Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31- 71(13)(2)(W) 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 tv1Y HAND THIS __ 6-_I— DAY CF _ -_ a ' i/l.__, 2UQ� OWNER B<7 - AUTHORIZED REPRESENTATIVE OF APPLICANT By Name: Title __ Address: (Signannre) (Print) (Signature) Name. Pa tricia A Johns (PrLn() Title v ice President Tax Address: 10 Nicolle Mall, TP N -0910 Minneapol 5540 STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before me the undersigned authority personally appeared Patricia A Johnson as the authorized representative of the Applicant and/or the owner of the property subject to the application, who being fir me duly swcrn, d s ar or affirm that he/she executed this Affidavit for the purposes stated there.n and that it is true and correct. ---- AFFIANT SWORN TO AND SUBSCRIBED BEFORE ME this l day ck t ^ a '1 l.d 1( '1J�OPL JG ®Y L. LI Notary Pii i3Minsota pMy CommW.60 res Jan 31, 2015 C,L_�� Notary Public State of Fkmida A,j Largef'" 11- Printed Name of Nota V,-1 i- ' _ M commission expires _. L m _ BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit Is made pursuant to Section 31- 71(b)(2)(n) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that. (mark with "x" applicable portions only) C 1, Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented [ ] 2. Affant hereby discloses that it does have a Business Relationship with a member of the C;ty Commission or a City Advisory Board to which the application will be presented, as follows. (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves) The nature of the Business Relationship is as follows. C I i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Applicant or Representative, [ J ii. Member of Clly Commission or Board is a partner, co- shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture, [ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or 3oard, [ ] iv A City Commissioner or Board member is a Client of the Applicant or Representative, (] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year, [ ] vi. The member of the City Commission or Board is a Custorer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS it DAY OF w�- 20941 APPLICANT: Z BY d '""` (Srgn�turej Name Patricia A Johnson _(Print) Title, Vice President Tax _.(Pint) WITNESS MY HAND THIS DAY OF 200. PROPERTY OWNER, Name "The teems "Business Relationship, ` 'Client, "Customer: " 'Applicant,' "Representative` and 'Interested Person' are defined in Section 2 -395 of the A ventura City Code. STATE OF FLORIDA ) COUNTY OF MIAMI -DADE) NOTARIZATION PROVISI Before me, the undersigned authonty, personally appea-ed , Pat r icia A Johnson the Affiant, who being first by me duly sworn, did swear or affirm that he /she executed this Affidavit for the purposes slated therein and that it is true and correct. AFFIANT SWORN TO AND SUBSCRIBED before me this _6 __ day t -_ JO ®Y L. Ll�D� Ota e ` Notary Pubfic Stat�flf+Werrfa�itt�arge Notary PubiiMi 1 v -t. ` !; ? %- t t � � ; ,i' W Commisgbn Exp6ge J8n 1, 2Q15 Printed Name di Notary My commission expires STATE OF FLORIDA COUNTY OF MIAMI -DADE) Before rne, the undersigned authority, personally appeared executed this Affidavit for the purposes stated therein and that it is true and correct SWORN TO AND SUBSCRIBED before me this.,, . _._- day of - -„_.__,,., 200, STATE OF FLORIDA COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appeared executed this Affidavit for the purposes stated therein and that It is tue and correct. SWORN TO AND SUBSCRIBED before me this -- - , day of 200, STATE OF FLORIDA ) COUNT`! OF MIAMI -DACE) Before me, the undersigned authority, personally appeared executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this the Affiant, who being first by me duly sworn. did swear or affirm that he/she AFf IANT Notary Public Stale of Florida At Large Pnnied Name of Notary My commission expires,.. the Alfiant, who being firs' by me duly sworn, did swear or affirm that he/she AFHANT Notary Public State of Florida At large Printed Name of Notary My commission expires_,____,..,__ the Affiant, who being first by me duly sworn, did swear or affirm Via! he/she AFFIANT Notary Public State of Flonda At Large Pnnted Name of Notary My commission expires:,_ _ TARGET CORPORATION C ERTIFICATE OF DELEGATION 1, Gregg W. Stcinhafel, Chief Executive Officer of Target Corporation, a Minnesota corporation, being authorized and empowered to do so pursuant to Section 6.01 of the By-Laws of the Corporation, do hereby delegate to PATRICIA A. JOHNSON, as an Authorized Signatory of Target Corporation (hereina fter refe -ned to as the "Corporation), effective as of the date of execution hereon, the authority to fully bind the Corporation, and to make, execute, deliver and attest on behalf -rf the Corporation any and all contracts, agn and other documents made by or entered into on behalf of the Corporation, including, but not limited to, licenses, permits and applications for sarne, income tax, personal property tax, real property tax, and sales and use tax returns, reports, affidavits, statements and appeals required or necessary to be filed by the Corporation in any jurisdiction, United States domestic or foreign with any agency or authority, including federal, state, county, city Or any subdivision thereof, and to take such other action as she deems necessary, advisable or convenient to execute and deliver such contracts, agreements or other instruments on behalf of the Corporation and perform any and all other acts necessary or incidental to the performance and execution of the po%.Vers herein expressly granted - The Authorized Signatory may delegate her authority and pnwtr to such other person or persons ns she may de.sirnate in writing. A cernficl of the Secretary or Assistant Secretary of the CorpomtIon shall constitute all the evidence necessary to indicate and substamhate the due authority of said Authorized Signatory to perform the tasks contemplated by this action. The authority granted hereby shall continue in full force and effect until revoked ()r canceled either by action of the Corporation or the undersigned, or in upon cessation of the Authorized Signatory's employment by the Corporation. Dated effective as i f t(re ' day of t } bE� , 2008 TARGET CORPORATION (A Minnesota Corporation) Qy AG g V. St inhafel (`hief Executive Ofticcr I��iu�ncnt *� =1SS i'1F Vcr;u +n -�'_ ACK STATE OFF MINNESOTA ) Ss. COUNTY Ol~ t-IENNEPIN } Gregg W. Steinhafel, known by me personally to be the Chief Executive Officer ofTarget CoMor bmj a Minnesota corporation, on b6Afof the Corporation, acknowledged the foregoing instrument before me this 1154-\ day of S %1E� bE� 2008. Notary Public: My Commission Expires Notar -Seal '�/ R o BRIAN K, DOWNS d °^ � / Z' N {7rA PtPtiBLIC —MIN JESCTA �% My Ccmmission Expires j an. 31 2Ui - BUSINESS RELATIONSHIP AFFIDAVIT* This Affidavit is made pursuant to Section 31- 71 (b)(2)(ii) of the City of Aventura Land Developmert Code. The undersigned AFfiant hereby discloses that: ,mark wilh'x' apcciicable portions or € (x1 1. Ai dots not have a Business Resationsuip with any member of the City Commission or any City Advisory Board to which the application will be presented. ( 1 Affiant hereby discloses that it does have a Business Reiafionship with a member of the C ty Commission or a City Advisory Board to which, the application will be presented, as follows: (List name of Comrniss`oner or Advisory Board Member) who serves on the (List City Commission or Cily Advisory board upon which member serves). The nature of the Business Relationship is as follows [ j t. Member of City Commission or Board holds an ownership interest it excess or 11% of total assets or capital stock of Appiicarli or Represeniative, (J h Member of City Cornmission or Board is a partner, co- shareholder (as to shares of a corporation which are not ksled on acy nalional or regional stock exchar=,ge) or joint venturer with the Applicant or Representative in any business venture, (� iii. The Applicant or Representative is a CI'enl of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board, (( iv. A City Commissioner or Board member is a Client of the Appkanl or Represenialive, (J v The Applicant or Representative is a Cus(orner 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 Commisstoi or Board (or his or her employer) in a given calendar year, vi. The meml er of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the .Applicant or Representative in a given calendar year. WITNESS MY HAND THIS DAY OF \ 20$1, APPLICANT• B` l � fSi(JAr71UlEJ Nam,: A 1� vh (Pont) rr u Title' �I. tCC �_. .._ (Plim) W ITNESS MV HAN T }115 � !( DAY OF PROPERTY Olh'htIR j � By — _... — — .v...__...__(S;gnalural Na ne. _ ? � _ ti�4h �.i_ — PrinrJ ' the lefms '&usrness Relmion5hip - "Client," °Customer;" 'Applictml," "Representative" and "Interested Poison" are delhred fir Section 2 -395 of ilia Avawof r City Code. [7 WITNESS Wv HAND THIS _�_�_DAY OF 2044. REPRE SENTAT I V vsi Re�obonshipAffidavit} N McFadden Namo �d,,_E_ �� �� »PTihl) Txe_�_____---�_____��V (Sigouum� Title:(Poot) 8y: Title ey� axvp Nome�_ �v�V Name TNo� _�vhV rkV_ By: _ Name TWo�_--------------_(P»ia) (Pf 100 ey.___________/Sigyamre (Sigouum� Title:(Poot) Title tP101) 8y� Name (Pf 100 ey.___________/Sigyamre Title:(Poot) Title (Prifil ey�_ By T8le� (Ph^0 Title. (Prllw) av_ �kvmome Title- Title: (PrIf It By: (Sigmal Ti8e__-____-_'_-___-«�vV NOTE: n Use duplicate sheets n disclosure informa for Representative varies 2) Apph and Afflanti aJv{ydm timely Supplement */fiduvu purstiant to 2 of mc c}tv's Land Development nng/kym,o in the City Code, m the mon that vnnr to omgunmxnn of the application b)e the City Board or Commission, the information ,w.iocd in the, Affidavit henvmuo incorrect or By T8le� (Ph^0 Title. (Prllw) av_ �kvmome Title- Title: (PrIf It By: (Sigmal Ti8e__-____-_'_-___-«�vV NOTE: n Use duplicate sheets n disclosure informa for Representative varies 2) Apph and Afflanti aJv{ydm timely Supplement */fiduvu purstiant to 2 of mc c}tv's Land Development nng/kym,o in the City Code, m the mon that vnnr to omgunmxnn of the application b)e the City Board or Commission, the information ,w.iocd in the, Affidavit henvmuo incorrect or STAT E OF FLORIDA COUNTY OF MIAMI =JADE) NOTARIZATION PROVISION Before me, the undersigned au hor ty, personally app a ed . La —y o-t<:ea i i the Affiant w1;o being first by roe d swan, did swe aff rm that heishe executed this Affidavit for the purposes slated 1hewin aaG that it is true and correct. T AO— r 1 S { 7 I No SWORN TO AND SUBSCRi3cD before me Ibis _j ` :. _day of _ _ �"OG_. ���' / �� (� S+�ti Not �� �} ate toil � qAk�L�q Qowwo*sion # 00 972945 � M LE � �Printed Narne of Notary My commission expires:, — -- -- STATE OF FLORIDA COUNTY OF MIAMI -DADE) Before me. Vie undersigned authority, pefsonally appeared _ . the Atfianl, who being first by me duty sworn. did swear or affirm that heishe executed This Affdavif for the purposes slated (Herein and lna; it is true and correc'- ....... .......... ...................... AFIIANT SWORN TO AND SUBSCRIBED before me This day of _ ...... __ ...__..__, 200. Nolary Pabuc Stale of Florida At Large Printed Name of Notary My corn mission expires: - --- --- ------------ - -- - _ . - - -- - --------------------- . - - -- -- - -- STATc OF FLORIDA COUNTY OF MIAMf -0ADE) Betore me, the undersigned authority, personally apaeared .._ _ the Af iiit, who being first by me duly sworn, did swear or affirm that heishe executed this Affidavit for the purposes slated therein and that rt is tr e aid couect AFF ANT SWORN TO AND SUBSCRIBED before me this __ .. day of _ 200. Notary Public Stale of Florida At Large Printed Nance of Notary My corrrnssion expkcs:_.,_.,, . _- STATE OF FLORIDA } GAUNT OF MIAMI -0ADE) Before me, the undersigned authority, pefsonally appearec _,- the AGant, wlio being first by me duly sworp, did swear or affirm Ihal he /site executed this AKidayit for the purposes staled (herein and that it is true and Correct AFFIANT SWORN TO AND SUBSCRIBED before me this day of , ".. - -. 200_. Notary Public State of Fipdda At Large Printed Name of Notary My con expires: - _._........ _._..... BUSINESS RELATIONSHIP AFFIDAVIT` This Affidavit is made pursuant to Section 31- 7101',2;(ii) of the City of Aventura Laird Development Code. The undersigned Affianl hereby discloses that: (;nark with "x" applecabie p-ortions only) [ 1. AtCiaet does not have a Business Reialionship with any member of the City Comm!ssion or any City Advisory Board to which the application wilt he presented [ j 2. Afinnt hereby discloses that it does have a Business Rela ?ionship with a member of the C'..ly Commission ar a City Advisory Board to which the appiicafon will be presented- as follows: J „ (List name of Commissioner or Advisory Board Member) 4 serves on the (L st City Commission or Ci!y Advisory Board upon which member serves). The nature of the Business Relationship is as follows. [] i. Member of City Commission or Board holds an ownership interest in excess of I% of total assets or capital stock of Applicant or Representative; (} ii. Member of City Commission or Board is a partner, co shareholder (as to shares of a corporation which are not Ifsled on any national of region..al stock exchange) or joint venturer with the Applicant or Representative in any business venture; )iii. The Applicant or Representatve is a Cl eni of a member of the City Commission or Board of a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board, f I iv. A City Commissioner or Boam member is a Client of the Applicant or Representative; [) v The Applicant or Representative is a Cut;tofner 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 Csly Commission or Board (or his or her arnptoyer) in a given calendar yea I ] vi The member of the City Commission or Board is a Customer of the A.pplicat -f or Representative a:,id transacts more than $2500.00 of the business of the Applicant or Representative in a given calendar year WITNESS MY HAND THIS _ _ DAY OF — 200 APPLICANT Name: (Print) Title. — � _.___ 011 WITNESS MY HAND THIS � DAY OF - _, 2ii0_. PROPERTY OWNER. Name: Tit, 'The terms Business Pokilonship, 'Client," "Customer" ';4ppliczlnl," Wepresenlative" and °7nlerested P01 are defined in Section 2 -395 or the Aveolao, City Code, mxrNE3S�YHAwDT�3 �� 4_�_ DAY OF � Relationship Affidavit) By By� woan,u ym Thomas Namn Title, EriI" neer»Prin0 Tu|o� By �Sigoaove Name (Pv»0 Name- Title. V+�x Tmo� (Priot) By: ___ oy: Name (�hV Nomo� Title:________________(��« By (S)g Hy (Sjx,m'^e Titl'��____ —(Pxh) rmo�_ nu^� uv _ _-(S� �o'mv/ By: Title. Dy� /�x�xs� 8y� nw^ Title_ TNe NO FE 1) Use duplicate sheets i, disclosure information for Representative varies z)^npli�a"auoJ�/�ouuv^^dv���mb�c�^vnn|�nwo,hi^�/�da the Or,'s Land c+v,|^pmrv, kcu,takivm �o the City C ode, in the *w, 'ho/ prior m uomid**hoo of die application ux the Cw uuum mCvmm/a,". d= in«xmmItio"pw,id^u in moa,it becomes incorrect or NOTARIZATION PROVISION STATE OF FLORIDA I COUNTY OF MWMI DADE) Before me, the undersigned autnonty. personally appeased ti ^ >. t, ._ t e Alf, who' ing 5rst by ire duly sworn, did swear or affirm ttrat he /She executed this Affidavit for the puroases Slated therein and That i ts .rue,aud � rrerl , Ar" T t , SWOPN 70 AND SUBSCRIBED before me this 1 �_ day o r Notary. ubt late of or l Varga KRYSTYNA A PLEWA P me ame of ota y lry C MY COMMISSION #DD735847 My expires (.1 `1.,1` (( ---- - - - - -- - ..._-_ - -. - _.._.__ -. _..._..__...__.... ... _. - -- ._..._._-. - ..._... - - STATE OF Fi o,tIDA EXPIRES November 19, 2011 COUN'IY Of' MIATV -DADS) (d07)9YS -0159 FlorideNoterySe/vice.com Betore ae, the undersigned authority. personaly appeared _.__ _ the Affiant, who being firs; by me duty swan, did swear or affirm that he/she executed this Afdav:t :or the purposes stated tneieia and that it is ne and correct AFf :ANT SWORN TO AND SUBSCRIBED before rne this day of- _ ....... . 200_ Notary Pubfic Slate of Florida At Large Pnwed Name of Notary My rommissidn expires'. STATE OF FLORIDA j COUNTY OF MiAMl -DADE) Before me, the undersigned authority, personally appeared the A'ffe^: who being ors' by ne duly sworn, did swear or affirm that hershe executeo this Affidavit rcr the purposes staled thereuh and That it is ttia and =rect. AFFIANT SWORN TO AND SUBSCRIf3_D hetore me this day of _ 20E Notary Public State of Florroa At urge Printed Name r Notary M cornrnissior. expires _ STATE OF FLORIDA COUNT OF .MIAMI -DADE; Before me, the undersigred authority, personally appeared - -, the Afrianf, wha being first by n.e duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and itrat it is true and correct. AFFi.ANJT SWORN TO AND SUBSCRIBED before me this - , _ day of _ ._. _- _ 200 Notary Public State of Florida At Large Printed Name of Notary My commission expires: Ill BUSINESS RELATIONSHIP AFFIDAVIT* Thi; Affidavit s marl porsuan! to Section 31 71(i;1f?1C;? r,f ttw ON Gf Avemhrra La,ie Ocvelopm? :rr Curie. Title r:ndersiryled AHiant hereby (ksClnses That : txk yr it 'x" 3p?iio ble porions ar.y ( 1. Affia-:t does not have a B; laws Re ntionship with any mvrnhar of the .' ity Commission of any City Advisory Board to which the appl•rafion will he presented j J 2. Affianl hereby discloses that ii dms have a Business Refat:onsttip vAIJ) o member of ltei City Corornission or a City A`.deiscry Board to which the application will be presenled. as tollows: L is t narnr (i nrn f Golssionar or Ar3vsoy Board tntber) who serves on the Cq Canmissiou or City Advisry Board a firm which member serves), The r;airxa Al the BWWIn ,S R.e MMISlap is c6 Idkm's: (j i. Member of City "Mira msion or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant ur Representative: 1 ii klemher of City Conmissfcn or Board is a pariner, co- shareholder (as to shares of a corpo(alion which are not listed on ferry nalional cr regional slock eacharge) or feint venturer with the Applicant of Re_presenlativ� in any business venture; l) iii. The Applic w or Representative is a Client of a member ❑f the. Ci!y Commission or Board or a Client of ar"het prsfessional working Imm lie same office or for The same ernpioyer as Iite member of the City Commissior: or Board; (j v. A City Commissioner or Bonro rnernber is a Client of 7te Applicant or Representative; 1 v. The Afrphcanl or Representalive is a Customer of (h9 member cd the Cily Crntuttission or Board (or of hi;; or her employer) air; I(ar!sacls more chart $10 0i"h' M et the business of the , rt mbr r of the City ummossion o. Board (or Ns of her ertf>ioyer) n a giv wt Calendar year; Vi. The memt;er o? �e Gly Comnessioo qr Bmrd is Cuslorner :)f ih• Applicarl or Reprenerkil e and iransaGs no e Than $25 M:J.Gt• of the bLi-_Ain9 s of ilia App!uant or Represenlotivc in a p4on Calendar year WITNESS MY HAND THIS _ DAY i If X0 APPLICANT: WITNESS MY HAND THIS PROPERTY OWNER DAY OF -,... 200_. By!_ Nanle:.,... — .,._._.- -- ---- fPrrnf) Title __ Ftirtll 'The terruz "Ba"goess Rekrfiunmip. "- 'ClrerN, °Customer, " 'Applicanl ' ' Represenlative" and °Inte,e -Veil Per_rorr" are deiirred sir Section 2.395 oTthe AvenWra City Cade. WITNESS MY NAND THIS _iL_ DAY OFjL REPRE T iVE: (Listed on Business Relationship Affidavit) - - - -- (Signature; Name:____ By_. _ !Srgnanrrr) By......... ( Prnrt) Name:J Vulice (Pont) Name:___ .. ,... Title Title: S urveyor (Print) Tite:,. ,,,,,, — _ (Print; BY __________�---- _ (Srgnarrrre) By:__.. _ _ (Signature Name (Piinti Name: Title: _!Print) Title:_. By: ..... ..... _ --- - - - - -- - - - -- (Signature; Name:____ — (Signallife Tithe: ( Prnrt) Title . (PrinQ Title _(Print) Title (Print; By: (Siynalrrre Name — (Signallife Title, _..—(Print) Title . (PrinQ Title _(Print) Title B y _ ....-- - - - - -- - - - - - - -- - _ lSigra rturel By: ..... __— — (Signallife Title, Title . (PrinQ Title.__, _(Print) Title:...... (Signanrre) By . ... ... -- -- —. (Sign71rre Title: (Print) Title Title: NOTE: 1) Use duplicate sheets if disclosure information for Representative varies 2) Applicants and Afflants 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. NOTARIZATION PROVISI STATE OF FLORIDA ) COUNTY OF Adi ,W) Before me, the undersigned authority, personally appeared a< v r�A,(fia f, who being first by me duly sworn, Did swear or affirm tftat heishe executed this Affidavit for the purposes slated therein. and that it is true and correct. �/ T..a _ _ A ANT p.Y'Pvnt. I. ANa+, c {It�Mtil } r L-a w _ ° y 4tiYtUMMI53rt ) O37G9 w4.� L XPOCS Iv` o rinot .?D, 2014 Notary Pubhrr_ tmle ofto da At Large dW Hood A T1 ru Noiary flnb.ic Underwriters T r) f �{ ✓r'? ?a s Ponied Name of Notary My commission expires ---- ------- -- - -- -- - ---- SFATE OF FLORIDA ) COUNTY OF MIAMI -DADE) Before rne, Use undersigned authority, personally appeared .. ...- the Atfianl, who being first by me duly sworn, did swear or affirm that hefshe executed this Affidavit !or ine purposes staled Merein and trial it Is trio and correct. AFi' IANT SWORN TO AND SUBSCRIBED before me th,s -_ „_ day of - - .._.._........ -._.. -... -• ---- -- S FATE OF FLORIDA ) COUNTY OF MIAMI -DADS) . 1 200_. Notary Public State of Florida At Large Prnted Name of Notary My commission expires: ..... ...... Before rne, Ine unders gned authority, personally appeared _ the Affant, who being first by me duly sworn, did swear or affirm that helshe execuled this AfWavlt for the purposes slated (herein and that it is true and cored AFFiANT SWORN TO AND SUBSCRIBED before me this ,__ day of__ . ,_ , _. 200. Notary Public State of Florida At Large Printed Name of Notary My commission expires; - _ STATE OF FLORIDA COUNTY OF MIAMI -DADE) Before me, the undersigned authority, personally appears _,. ,..., .. the Affii who being first by me duly sworn, did swear or affirm dial he/she executed this Affidavit for the purposes stated therein and that it is true and correct. 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: RESOLUTION NO. 2011- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO PERMIT THE SALE OF BEER AND WINE AT THE TARGET STORE LOCATED AT 21265 BISCAYNE BOULEVARD, CITY OF AVENTURA, NOTWITHSTANDING THE SPACING AND DISTANCE REQUIREMENTS FOR THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES REGULATED BY SECTION 4 -2(a) AND SECTION 4 -2(b) OF THE CITY CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned B2, Community Business District; and WHEREAS, the applicant, Patricia A. Johnson on behalf of Target Corporation, through Application No. 01 -CU -11 is requesting conditional use approval to permit the sale of beer and wine in the grocery section of its existing department store at 21265 Biscayne Boulevard, City of Aventura, notwithstanding the spacing and distance requirements of Chapter 4, Section 4 -2(a) and (b) of the City Code; 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: Section 1 . Application for Conditional Use to permit the sale of wine and beer in the grocery section of the Target Store in the B2 zoning district is hereby granted exclusively to the Applicant, subject to the conditions set out in this Resolution, on property legally described as Tract B of Aventura Commons, according to the plat thereof recorded in Plat Book 151, Page 58 of the Public Records of Miami -Dade County and known as municipal address 21265 Biscayne Boulevard, City of Aventura. Section 2 . Approval of the request above is subject to the following conditions: Resolution No. 2011 - Page 2 1. This approval shall be granted exclusively to the Target Corporation department store at 21265 Biscayne Boulevard, City of Aventura. 2. The use shall be established within twelve (12) months of the date of the approved resolution, or the approval granted herein shall expire, unless extended by motion of the City Commission at the written request of the applicant. 3. The sale of wine and beer shall be established in conjunction with the existing grocery section of the existing department store. This conditional use approval shall terminate in the event the grocery section of the department store is terminated. 4. The applicant shall obtain a 2APS Series Sate of Florida license which allows package sales of beer and wine in sealed containers for consumption off premises only and the applicant shall not provide for the sale of beer or wine for on- premises consumption. 5. The sale of alcoholic beverages shall be terminated in the event that the City Commission determines, after a public hearing, that the operation has created and /or may tend to create a disturbance to the community. A public hearing shall be set if the City Manager finds probable cause to believe that a disturbance has been created, based upon complaints received or the City Manager's observation. 6. The applicant shall comply with the hours of operation allowed to establishments for package sales pursuant to Section 4 -3 of the City Code, namely, between 8:00 a.m. and 10:00 p.m., except that the sale of beer that may be made in sealed containers for off - premises consumption during such hours as the store is legally open for sale of other grocery items. Section 3 . The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 4 . This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Teri Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Vice Mayor Bob Diamond Mayor Susan Gottlieb Resolution No. 2011 Page 3 PASSED AND ADOPTED this 1 St day of February, 2011. Susan Gottlieb, Mayor ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this 1 st day of February, 2011. CITY CLERK 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 MARIA MESA, 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 advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA - NOTICE OF PUBLIC HEARING THE JEWISH OUTREACH CENTER, INC. - FEBRUARY 1, 2011 in the XXXX Court, was published in said newspaper in the issues of 01/19/2011 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, �slon or refund for the purpose of securing t� Lotm� nt f r ublication in the said paper. Sw o and subscribed before me this 19 day of J UARY A.D.. 11 (SEAL) MARIA MESA personally known to me i .__« i t Of CITY OF AVENTURA NOTICE OF PUBLIC HEARING Date and Time of Public Hearing: Tuesday, February 1, 2011 6:00 p.m. Applicant Name /Number: The Jewish Outreach Center, Inc. 02 -CU -11 Applicant Request: Conditional Use approval to establish a community center at Unit 102, 20900 NE 30 Avenue, City of Aventura to be used in conjunction with the Aventura Chabad Location of Subject Property: 20900 NE 30 Avenue, Unit 102, City of Aventura Legal Description: Condominium Unit 102, One Aventura Executive center, a condominium, according to the Declara- tion of Condominium recorded in Official Records Book 25576, Page 4562 and all exhibits and amendments thereof, Public Records of Miami - Dade County, City of Aventura, Florida 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 the address above. 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 Government 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 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. Teresa M. Soroka, MMC, City Clerk 1/19 11- 3- 94/1634008M ��pp ? 1 �totnty 2uaiic tait� ')t �'oriae verontco "a®tez UOi319 � My COrY1inISSi�3n 9j a'OF � Expires 09/03/2012 i .__« i t Of CITY OF AVENTURA NOTICE OF PUBLIC HEARING Date and Time of Public Hearing: Tuesday, February 1, 2011 6:00 p.m. Applicant Name /Number: The Jewish Outreach Center, Inc. 02 -CU -11 Applicant Request: Conditional Use approval to establish a community center at Unit 102, 20900 NE 30 Avenue, City of Aventura to be used in conjunction with the Aventura Chabad Location of Subject Property: 20900 NE 30 Avenue, Unit 102, City of Aventura Legal Description: Condominium Unit 102, One Aventura Executive center, a condominium, according to the Declara- tion of Condominium recorded in Official Records Book 25576, Page 4562 and all exhibits and amendments thereof, Public Records of Miami - Dade County, City of Aventura, Florida 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 the address above. 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 Government 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 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. Teresa M. Soroka, MMC, City Clerk 1/19 11- 3- 94/1634008M 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 MARIA MESA, 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 advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA - NOTICE OF PUBLIC HEARING TARGET CORPORATION - FEBRUARY 1, 2011 in the XXXX Court, was published in said newspaper in the issues of 01/19/2011 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 t any count, r fission or refund for the purpose urin is advertisemen for publication in the said aper. o and subscribed before me this 1a g NUARY D. 2011 (SEAL) J MARIA MESA personally known to me E J vota Public State -af FlorrCIO Verorrlua u4re z 'my Cr )Mrnls &on DOatd7 Fxp;re?3 09/03/20i 2 I � 1 CITY OF AVENTURA NOTICE OF PUBLIC HEARING Date and Time of Public Hearing: Tuesday, February 1, 2011 6:00 p.m. Applicant Name/Number: Target Corporation 01 -CU -11 Applicant Request: Conditional Use approval to sell beer and wine in the grocery section of its existing department store at 21265 Biscayne Boulevard, notwithstanding the spacing and distance requirements for the sale and service of alcoholic beverages of Section 4 -2 (a) and (b) of the City Code. Location of Subject Property: 21265 Biscayne Boulevard, City of Aventura Legal Description: Tract B of Aventura Commons, according to the plat thereof recorded in Plat Book 151, Page 58 of the Public Records of Miami -Dade County, City of Aventura, Florida 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 the address above. 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 Government 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 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. Teresa M. Soroka, MMC, City Clerk 1/19 11- 3- 93/1634006M