03-10-2005
City Commi_ion
Jeffrey M, Perlow, Mayor
A ~e City of
.ft.ventura
Q
City M~
Eric M. Soroka
Zev Auerbach
Jay R. Beskin
Ken Cohen
Bob Diamond
Manny Grossman
Harry Holzherg
City Clerk
Teresa M. Soroka, CMC
City AttornW
Weiss Serota Helfman Pastoriza
Guede. Boniske & Cole
AGENDA
MARCH 10, 2005 6 PM
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ZONING HEARINGS: SPECIALLY SET BY COMMISSION FOR 6 P.M.
QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the Commission's agenda are quasi-
judicial in nature. If you wish to object or comment upon any of these items, please infonn the Mayor when he requests public
comments. An opportunity for persons to speak on each item will be made available after the applicant and statThave made their
presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affirmation.
Additionally, each person who gives testimony may be subject to cross-examination. If you refuse either to be cross-examined or to
be sworn, your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses, but
the public may request the Commission to ask questions of staff or witnesses on their behalf Persons representing organizations
must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be
obtained from the Clerk.
A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA GRANTING CONDITIONAL USE
APPROVAL TO ALLOW AN ABOVEGROUND EMERGENCY
FUEL STORAGE TANK IN THE TCl (TOWN CENTER)
DISTRICT; GRANTING VARIANCE TO SECTION 31-
I45(b)(3)e.1. TO ALLOW A 1,000 GALLON ABOVEGROUND
EMERGENCY FUEL STORAGE TANK WHERE A MAXIMUM
SIZE OF 550 GALLONS IS PERMITTED BY CODE; GRANTING
VARIANCE TO SECTION 31-145(b)(3)e.3. TO ALLOW A
METAL PICKET FENCE AND LANDSCAPE SCREEN ON THE
ABOVEGROUND STORAGE TANK, WHERE A MASONRY OR
CONCRETE WALL AND LANDSCAPE SCREEN IS REQUIRED
BY CODE, ALL FOR THE PROPOSED PUMP STATION ON
THE TOWN CENTER SITE AT 18741 BISCAYNE BOULEVARD,
CITY OF A VENTURA; PROVIDING FOR AN EFFECTIVE
DATE.
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, CONCERNING AN APPLICATION
FOR MODIFICATION TO CONDITIONAL USE APPROVAL
GRANTED THROUGH RESOLUTION NO. 2002-46 TO ALLOW
Math 10, 2005 r........... MediDs
A CHANGE IN EXTERIOR COLOR ON THE PHASE I
BUILDINGS IN THE TOWN CENTER LOCATED AT 18741
BISCAYNE BOULEVARD, AVENTURA; PROVIDING AN
EFFECTIVE DATE.
4. AGENDA: Request for DeletionslEmergency Additions
5. SPECIAL PRESENTATIONS: Keys to the City to be presented by Mayor
Perlow; plaques presented to outgoing Commissioners and Mayor
6. CONSENT AGENDA: Matter. 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:
February 1,2005 Commission Meeting
February 14,2005 Workshop Meeting
B. MOTION AUTHORIZING THE APPROPRIATION OF UP TO
$58,468 FOR INVESTIGATIVE SERVICES EQUIPMENT,
PATROL SERVICES EQUIPMENT AND CRIME PREVENTION
EQUIPMENT FROM THE POLICE FORFEITURE FUND IN
ACCORDANCE WITH THE CITY MANAGER'S
MEMORANDUM.
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA AWARDING AND LETTING A
BID/CONTRACT FOR BID NO. 05-02-18-2, DECORATIVE
STREET LIGHT SUPPLIER, TO LUNAR INDUSTRIAL AND
ELECTRICAL, FOR BID PRICES LESS THAN THE CURRENT
COSTS ASSOCIATED WITH PREVIOUS PROJECT BIDS THAT
INCLUDE STREET LIGHTING. AUTHORIZING THE CITY
MANAGER TO EXECUTE ASSOCIATED CONTRACTS;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY
AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF
THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION
AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND
PROVIDING FOR AN EFFECTIVE DATE.
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA APPROVING ATRIUM AT
A VENTURA, BEING A PORTION THE SOUTH Y. OF SECTION
3 TOWNSIDP 52 SOUTH, RANGE 42 EAST, AND A REPLAT OF
A PORTION OF TRACT N OF MARINA DEL REY REVISED
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT
BOOK 144 AT PAGE 89, CITY OF AVENTURA, MIAMI-DADE
COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
2
MIId110, 2005 Coouniasioo MediDs
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, FINDING THAT THE
ACQUISITION OF PRIVATE PROPERTY SERVES A
MUNICIPAL PURPOSE AND IS NECESSARY FOR
DEVELOPMENT AND EXPANSION OF THE CITY'S PARK
SYSTEM AND IMPROVEMENTS TO RECREATIONAL
FACILITIES; AUTHORIZING THE CITY ATTORNEY TO
INITIATE EMINENT DOMAIN PROCEEDINGS;
AUTHORIZING THE CITY ATTORNEY TO RETAIN EXPERT
WITNESSES AND CONSULTANTS AND TAKE FURTHER
ACTIONS THAT ARE REASONABLY REQUIRED TO
ACQUIRE THE PRIVATE PROPERTY DESCRIBED IN
EXHIBIT "A"; AND PROVIDING FOR AN EFFECTIVE DATE.
F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA CONCERNING THE CITY
ELECTION OF MARCH 1, 2005; DECLARING QUALIFYING
UNOPPOSED CANDIDATE ELECTED TO OFFICE OF
COMMISSION SEAT 4 WITHOUT NECESSITY FOR FURTHER
CONDUCT OF ELECTION PROCESS; ACCEPTING AND
ADOPTING THE MARCH 1, 2005 ELECTION RESULTS FOR
THE OFFICES OF MAYOR AND COMMISSION SEATS 2, 4
AND 6, AS CERTIFIED BY THE CITY CLERK AND
ATTACHED HERETO; DECLARING CANDIDATE ELECTED
TO OFFICE OF COMMISSION SEAT 6, HAVING RECEIVED
GREATER THAN 50% OF THE TOTAL BALLOTS CAST AT
THE MARCH 1, 2005 ELECTION; PROVIDING FOR A RUN-
OFF ELECTION ON MARCH 15, 2005 FOR THE OFFICES OF
MAYOR AND COMMISSION SEAT 2; PROVIDING AN
EFFECTIVE DATE.
G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED DISASTER
RELIEF FUNDING AGREEMENT BETWEEN THE CITY OF
AVENTURA AND THE STATE OF FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
7. ORDINANCES: FIRST READING/PUBLIC INPUT: None.
8. PUBLIC HEARING: ORDINANCES: SECOND READING:
3
MarchIO, 2005 Ownnftaim Meeting
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA, AMENDING ORDINANCE NO. 2003-12
WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2003/2004
FISCAL YEAR BY REVISING THE 2003/2004 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.
9. RESOLUTIONS - PUBLIC HEARING: None
IO.OTHER BUSINESS:
None
11. PUBLIC COMMENTS
12. REPORTS
13. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS
COMMISSION INSTALLATION
MARCH 17, 2005
7 P.M.
COMMISSION MEETING
APRIL 5, 2005
6 P.M.
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled
and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City
Clerk, 305-466.890l, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory
Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any
matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club
Drive, A ventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466.
8901.
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CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM:
TO:
BY:
DATE: February 22,2005
SUBJECT: Request of TRG Regina Square L.,td. for (1) Conditional Use approval to
permit an aboveground emergency fuel storage tank in the TC1 Zoning
District; and (2) Variance to Section 31-145(b)(3)e.1. to allow a 1,000
gallon aboveground emergency fuel tank where a maximum size of 550
gallons is allowed by Code and (3) Variance to Section 31-145(b)(3)e.3. to
allow a metal picket fence and landscape screen on the aboveground
storage tank, where a masonry or concrete wall and landscape screen is
required by Code, for the proposed Sewage Pumping Station on the Town
Center site at 18741 Biscayne Boulevard, Aventura (01-CU-05 and 01-
VAR-05)
March 10,2005 City Commission Meeting Agenda Item .5 - A
RECOMMENDATION
It is recommended that the City Commission:
1. Approve the request for conditional use approval to allow an aboveground
emergency fuel storage tank in the TC1 zoning district, and
2. Approve the request for variance to Section 31-145(b)(3)e.1. to allow a 1,000
gallon aboveground emergency fuel storage tank where a maximum tank size
of 550 gallons is allowed by Code, and
3. Approve the request for variance to Section 31-145(b)(3)e.3. to allow a metal
picket fence and landscape screen on the aboveground storage tank, where a
masonry or concrete wall and landscape screen is required by Code
for the proposed Sewage Pumping Station on the Town Center site at 18741
Biscayne Boulevard, with the following conditions:
1. Building permits shall be obtained for the proposed development within 12 months of
the date of this resolution, failing which this approval shall be deemed null and void.
The City Commission may, by resolution or motion at a regular meeting, grant one
extension of up to six months for good cause shown by the applicant and upon
written request for such extension by the applicant within the initial 12 month
approval period.
2. Plans shall comply with those submitted as follows:
(i) "The Venture at Aventura", Site Masterplan, Sheet AO.0.03, prepared by
ARQ, dated 10/09/03, revised 02/09/05, signed and sealed.
(ii) "Loehmann's Plaza Redevelopment, Regional Pump Station Site Plan", Sheet
1 of 1, prepared by Fortin Leavy Skiles Inc., dated 02/10/05, signed and
sealed.
THE REQUEST
The applicant, TRG Regina Square Ltd. is requesting Conditional Use approval to
permit an aboveground emergency fuel storage tank in the TC1 zoning district, variance
to Section 31-145(b)(3)e.1. to allow a 1,000 gallon aboveground emergency fuel
storage tank where a maximum tank size of 550 gallons is allowed by Code, and
variance to Section 31-145(b)(3)e.3. to allow a metal picket fence and landscape screen
on the aboveground storage tank, where a masonry or concrete wall and landscape
screen is required by Code for the proposed Sewage Pumping Station on the Town
Center site. (See Exhibit #1 for Letter of Intent)
BACKGROUND
OWNER OF PROPERTY The Prudential Insurance Company of America
APPLICANT TRG Regina Square Ltd.
ADDRESS OF PROPERTY 18741 Biscayne Boulevard
Loehmann's Fashion Island Shopping Plaza
LEGAL DESCRIPTION Part of Tract "B", Regina Square Subdivision,
as recorded in Plat Book 113, Page 27 of the
Public Records of Dade County
SIZE OF PROPERTY Approximately 0.60 acres for Pump Station site
EXISTING ZONING TC1, Town Center District
FUTURE LAND USE DESIGNATION Town Center (TC1 zone)
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Zoning -
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Existing Use -
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
TC1, Town Center District and
TC1, Town Center District
TC1, Town Center District
TC1, Town Center District and
TC1, Town Center District
Loehmann's Fashion Island Shopping Plaza
Office and retail uses
Residential and retail uses
Office and retail uses
Office and retail uses
Future Land Use Designation - According to the City of Aventura Comprehensive
Plan, the following properties are currently designated as follows:
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Town Center
Town Center
Town Center
Town Center
Town Center
The Site - The subject site is located in the block bounded by Biscayne Boulevard to
the west, NE 29 Avenue to the east, NE 187 Street to the south and NE 190 Street to
the north. The proposed aboveground fuel storage tank is located within the pump
station in the southeast portion of the property. (See Exhibit "A" for Sketch and Legal
Description of pump station site).
The Project - The applicant has submitted an application for site plan revision to the
overall Town Center master plan approved in September of 2002. This revision
incorporates a new sewage pump station to provide sanitary sewer service for Phase I
of the Town Center, known as the Venture, as well as the balance of the Town Center
once developed and the developments on NE 188 Street.
The proposed pump station is to be located on the west side of NE 29 Avenue in an
area originally designated as open space in the Town Center master plan. Two
retail/residential buildings to the west have been relocated to accommodate the pump
station while maintaining the same floor area and number of units. The plaza/fountain
area has been slightly reduced in size but now forms a more symmetrical area. Open
space and landscaped area continue to exceed the TC1 code requirements.
The applicant proposes to install a 1,000 gallon aboveground emergency fuel storage
tank within the pump station compound. The site is a fifty foot square containing 2,620
square feet or 0.60 acres and is proposed to house a one story energy generator
3
building, the 1,000 gallon aboveground fuel storage tank and appurtenant pumps,
motors, vault and cabinet. The access drive will be paved with asphalt. A metal picket
fence and landscaping are proposed to screen the tank and pump station.
ANALYSIS
Citizen Comments. The Community Development Department has received no written
citizen comments about this application.
Community Development Department Analysis - In April of 2000, the City's Land
Development Regulations were amended by Ordinance No. 2000-08 to permit
aboveground storage tanks as an accessory use and only for the purpose of storing fuel
for emergency generators. This amendment was a result of State preference towards
aboveground storage tanks rather than underground storage tanks because the
aboveground tanks were less susceptible to leakage, were easier to monitor and
inspect and were less expensive to install. Conditional use approval for all
aboveground storage tanks is required in all residential, TC1 and ROS zoning districts.
The conditional use approval itself has five specific conditions, those being:
1. That the tank be of 550 gallon capacity or less
2. That the tank be installed and operated under a valid permit from the Miami-
Dade County Department of Environmental Resources Management (DERM).
3. That the tank be fully screened by a masonry or concrete wall with a self-closing
and locking metal door or gate. Such wall shall be landscaped in accordance with
the City's Landscape Code.
4. That the tank be located in a manner consistent with the site development
standards of the TC1 zoning district.
5. That installation of any aboveground storage tank shall require a permit from the
City. Application for building permit shall be accompanied by a site plan
indicating location of the tank relative to property lines, the primary structure
served by the tank, any other structures within 300 feet as well as a landscape
plan prepared by a Florida licensed architect or landscape architect and other
supporting documentation as deemed necessary by the City Manager or
designee.
The aboveground storage tank requested is to be located within the pumping station
compound on the Loehmann's Plaza site. It is an accessory use to the pump station
and is for the purpose of storing fuel for generators that will operate the pumping station
in case of an emergency. The applicant is requesting conditional use approval for the
aboveground tank as required by the TC1 zoning district. It is also requesting two
variances to the specific conditions of conditional use approval, those being, that the
tank size be 1,000 gallons where 550 gallons is the maximum permitted by Code and
that the enclosure be a metal picket fence and landscaping where a masonry or
concrete wall with landscaping is required by Code. The 1,000 gallon size of tank is a
requirement of the Miami-Dade County Water and Sewer Department for this pumping
station. The 550 gallon tank size limitation was initially enacted to allow smaller tanks
4
that are appropriate for the majority of applications. The concrete wall enclosure is also
appropriate for the majority of applications; however, the metal picket fence with
landscaping is preferred over the concrete wall for this particular site. The metal picket
fence allows surveillance of the site that is important for crime prevention, where a solid
wall does not allow such surveillance.
Reauest #1: Conditional Use Approval to permit an abovearound storaae tank as
an accessory use and on Iv for the purpose of storina fuel for an emeraencv
aenerator in the TC1 zonina district.
Criteria
The guidelines for approval of conditional uses as required by Section 31-73(c) of the
City's Land Development Regulation states:
"General Standards of review. In addition to the standards set forth in these LORs
for the particular use, all proposed conditional uses shall meet each of the following
standards:"
(a) The proposed use shall be consistent with the comprehensive plan.
The use is consistent with the City of Aventura Comprehensive Plan, which designates
the future land use category for this site as Town Center. The Town Center designation
states that "Town Centers are encouraged to become hubs for future urban
development in Aventura, around which a more compact and efficient urban structure
will evolve..." In order to realize a compact and efficient urban structure, adequate
sewer service capacity must be provided. The aboveground fuel storage tank is
required as part of the pump station proposed to provide this capacity. The new pump
station capacity is required to maintain the Level of Service standards in the Capital
Improvements Element of the Comprehensive Plan.
(b) The establishment, maintenance or operation of the proposed use shall not be
detrimental to or endanger the public health, safety or general welfare.
The establishment, maintenance or operation of the proposed use will not be
detrimental to or endanger the public health, safety or general welfare. The tank will be
registered with and be subject to State regulations for monitoring and leakage detection.
(c) The proposed use shall be consistent with the community character of the
immediate neighborhood of the proposed use.
The proposed use has been designed in a manner that is consistent with the community
character of the immediate neighborhood of the proposed use.
(d) Utilities, roadway capacity, drainage and other necessary public facilities, including
police, fire and emergency services, shall exist at the City's adopted levels of
5
service, or will be available concurrent with demand as provided for in the
requirements of these LORs.
This aboveground emergency fuel storage tank is required as a part of the pump station
necessary to ensure that approved developments comply with the City's adopted level
of service standards for sanitary sewer and will be available concurrent with demand.
(e) Adequate measures exist or shall be taken to provide ingress and egress to the
proposed use in a manner that minimizes traffic congestion in the public streets.
Adequate measures have been taken to provide ingress and egress to the proposed
use in a manner that minimizes traffic congestion in the public streets. Ingress and
egress is proposed to the aboveground storage tank on the proposed pump station by
way of NE 29 Avenue. There is an internal asphalt paved drive inside the pump station
site.
(f) The establishment of the conditional use shall not impede the development of
surrounding properties for uses permitted in the zoning district.
The establishment of the conditional use shall not impede the development of
surrounding properties for uses permitted in the zoning district. The new pump station
and accessory aboveground fuel storage tank is necessary for development of
surrounding properties.
(g) The design of the proposed use shall minimize adverse effects, including visual
impacts, of the proposed use on adjacent property through the use of building
orientation, setbacks, buffers, landscaping and other design criteria.
The design and location of the aboveground fuel storage tank minimizes adverse affects
through its orientation, setbacks, buffers and landscaping. The tank is proposed at the
southwest corner of the pump station site, approximately 50 feet from the public right of
way and adjacent to a proposed access road on the Town Center master plan. The tank
will be screened from view by fencing and landscaping.
Reauest #2: Variance to Section 31-145Ib1l3le.1. to allow an abovearound
emeraencv fuel storaae tank size of 1.000 aallons. where a maximum size of 550
aallons is permitted bv Code.
Criteria
The guidelines for approval of variances as required by Section 31-76(e) of the City's
Land Development Regulation states:
"Standards of review. A variance shall be granted only where competent and
substantial evidence presented in the particular case shows that all of the following
are met:
6
(1) The particular physical surroundings, shape, topographical condition, or other
physical or environmental condition of the specific property involved would
result in a particular hardship upon the owner, as distinguished from a mere
inconvenience, if the regulations were carried out literally.
The hardship in this case is a result of Miami-Dade County Water and Sewer
Department pump station design specifications, which require a 1,000 gallon
aboveground emergency fuel storage tank.
(2) The conditions upon which the request for a variance is based are unique to
the parcel and would not be generally applicable to other property within the
vicinity.
The conditions are unique to this site and would not be generally applicable to
other locations.
While each variance request is of an independent and unique nature, the
following history is provided for informational purposes. There has been no
previous request for variance to the conditions for installation of an aboveground
storage tank. This is the first new pumping station proposed in the City since
enactment of the City's Land Development Regulations.
(3) The alleged difficulty or hardship is not economic and has been deliberately
created to establish a use or structure, which is not otherwise consistent with
the LOR.
The applicant's difficulty is not economic in nature and the difficulty was not
deliberately created by the applicant. The 1,000 gallon size of tank is a
requirement of the Miami-Dade County Water and Sewer Department for the
proposed pump station.
(4) The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity.
The variance will not be detrimental to the public welfare or injurious to other
property or improvements in the vicinity. The granting of the variance will
enhance the public welfare by providing additional needed sewer service
capacity.
(5) The proposed variance will not substantially increase the congestion in the
public streets, or increase the danger of fire, or endanger the public safety, or
substantially diminish or impair property values within the vicinity.
The variance will not substantially increase traffic congestion or increase the
danger of fire or endanger the public safety or substantially diminish or impair
7
property values. Ingress and egress to the building is proposed by way of NE 29
Avenue.
Reauest #3: Variance to Section 31-145(b1l3)e.3. to allow a metal picket fence and
landscape screen. where a masonry or concrete wall and landscape screen is
reauired bv Code.
The guidelines for approval of variances as required by Section 31-76(e) of the City's
Land Development Regulation states:
"Standards of review. A variance shall be granted only where competent and
substantial evidence presented in the particular case shows that all of the following
are met:
(6) The particular physical surroundings, shape, topographical condition, or other
physical or environmental condition of the specific property involved would
result in a particular hardship upon the owner, as distinguished from a mere
inconvenience, if the regulations were carried out literally.
The hardship results from the County's requirement of a metal picket fence around
the pump station for security and maintenance purposes.
(7) The conditions upon which the request for a variance is based are unique to
the parcel and would not be generally applicable to other property within the
vicinity.
The conditions are unique to this site and would not be generally applicable to
other locations.
While each variance request is of an independent and unique nature, the
following history is provided for informational purposes. There has been no
previous request for variance from the conditions for installation of an
aboveground emergency fuel storage tank. This is the first new pump station
proposed since enactment of the City's Land Development Regulations.
(8) The alleged difficulty or hardship is not economic and has been deliberately
created to establish a use or structure, which is not otherwise consistent with
the LOR.
The applicant's difficulty is not economic in nature and the difficulty was not
deliberately created by the applicant.
(9) The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity.
8
The variance will not be detrimental to the public welfare or injurious to other
property or improvements in the vicinity. The proposed aboveground tank will be
screened by the fence and landscaping.
(10) The proposed variance will not substantially increase the congestion in the
public streets, or increase the danger of fire, or endanger the public safety, or
substantially diminish or impair property values within the vicinity.
The variance will not substantially increase traffic congestion or increase the
danger of fire or endanger the public safety or substantially diminish or impair
property values. Ingress and egress to the building is proposed by way of NE 29
Avenue.
9
Greenberg
Traurig
Clifford A. Schulman
(305) 579-0613
Direct Fax: (305) 961-561 3
E.Mail: schulmanc@gtlaw.com
February 22, 2005
Via Hand Delivery
Ms. Joanne Carr
Planning Director
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
Re: Aventura Regional Sewer Pump Station I Applications for Conditional Use
Approval and Variance I Letter of Intent
Dear Ms. Carr:
On behalf of TRG Regina Square, Ltd., (the "Applicant") I respectfully submit this letter
of intent in connection with the above referenced applications for conditional use approval and a
variance. As you are aware, the Applicant has been designated as the agent for various local
property owners/developers in their effort to construct a new regional sewer pump station to
service their proposed developments which are all located in the vicinity of the new proposed
Town Center and N.E. 188th Street (the "Joint Users,,).1 Miami-Dade Pump Station No. 439
which presently services this area has been placed under moratorium pursuant to a capacity
allocation program created in accordance with First Partial Consent Decree and the Second and
Final Partial Consent Decree in the case styled United States of America v. Metropolitan Dade
County (Case No. 93-1109 CIV-Moreno) as well as the Settlement Agreement between the
Florida Department of Environmental Protection and Miami-Dade County. This capacity
allocation program requires the imposition of a moratorium on new connections to pump stations
when the pump station is operating at a certain level of capacity. Pump Station #439 currently
exceeds this limitation and is presently under moratorium. Accordingly, the Joint Users agreed to
construct a new regional sewer pump station which will service their proposed developments and
will be conveyed to the Miami-Dade Water and Sewer Department ("W ASD").
I The following entities entered into a Pump Station Cost Sharing Development Agreement (the "Agreement")and
an Addendum to that Agreement to construct a new regional sewer pump station in order to service their proposed
developments. The names of the proposed developments are provided in parentheticals next to the name of each
entity: the City of Aventura (Charter Middle School); TRG Regina Square, Ltd" (the Venture); Investura. LLC,
(Uptown Marina Lofts); Loft Marina, LLP, (Artech); Venaventura, LLC, (the Atrium at Aventura); Venaventura II,
LLC, (Eastside at Aventura); Harbour Centre, Ltd., (Harbour Centre Restaurant); 3030 Associates, Ltd., (3030
Aventura).
Greenberg Traurig, FA 1 Attorneys 01 law 11221 Brickell Avenue 1 Miami, Fl33131 1 Tel 305.579.0500 I Fax 305.579.0717 I www.gllaw.com
February 22, 2005
Page 2
The new pump station will be located in the parking lot of the Loehman's Plaza Publix
Supermarket which is zoned TCI (Town Center District). According to W ASD design
specifications, the new pump station will require a 1000 gallon above ground storage tank (the
"AST"). The TCI district permits AST's as a conditional use but limits their size to a maximum
capacity of 550 gallons. Accordingly, the Applicant has submitted the enclosed conditional use
and variance applications so as to permit the construction of a 1000 gallon AST.
We respectfully submit that the Application for Conditional Use Approval satisfies the
review criteria of Section 31-73(c) of the Aventura Land Development Regulations (the
"LDR's") as follows:
(1) The proposed use shall be consistent with the Comprehensive Plan;
The Town Center Comprehensive Plan provisions provide for "a hub of future
urban development in Aventura, around which a more compact and efficient
urban structure will evolve." In order to realize a compact and efficient urban
structure, adequate sewer service capacity must be provided.
(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 establishment and operation of this AST will enhance public heath, safety,
and the general welfare by providing the public with additional and needed sewer
service capacity.
(3) The proposed use shall be consistent with the community character of the
immediate neighborhood of the proposed use;
The new proposed pump station is designed in a manner so that it is consistent
with the immediate neighborhood.
(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, or will be available concurrent with demand as provided for in
the requirements oftheses LDRs;
The proposed new pump station is a necessary and required public facility and
places no demand on the noted public facilities.
(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;
Greenberg Traurig, PA
February 22, 2005
Page 3
Appropriate ingress and egress has been provided to service the proposed pump
station.
(6) The establishment of the conditional use shall not impede the development of
surrounding properties for uses permitted in the zoning district; and
The new pump station is necessary for the development of the surrounding
properties.
(7) The design of the proposed use shall minimize adverse effects, including visual
impacts, of the proposed use on adjacent property through the use of building
orientation, setbacks, buffers, landscaping and other design criteria.
The proposed new pump station is sufficiently buffered, designed and oriented in
a manner so as to minimize visual impacts.
Accordingly, we respectfully submit that the proposed AST satisfies the applicable criteria of
Section 31- 73( c) so as to merit conditional use approval.
As mentioned above, W ASD specifications require a 1000 gallon AST whereas the Tel
zoning regulations only permit an AST with a maximum capacity of 550 gallons. As a
consequence, the Applicant has also applied for a variance from the requirements of Section 31-
145(3)el so as to permit a 1000 gallon AST. We respectfully submit that the Application for
Variance satisfies the review criteria of Section 31-76(e) of the LDR's as follows:
(I) The particular physical surroundings, shape, topographical condition, or
other physical or environmental condition of the specific property
involved would result in a particular hardship upon the owner, as
distinguished from a mere inconvenience, if the regulations were carried
out literally.
The properties involved can not presently be served by Pump Station No.
439. A new pump station requires a 1000 gallon AST. If a new pump
station is not permitted, the affected properties will have no sewer service
and will constitute a hardship which is not self imposed.
(2) The conditions upon which the request for a variance is based are unique
to the parcel and would not be generally applicable to other property
within the vicinity.
The lack of available sewer service capacity is unique to the affected
properties.
Greenberg Traurig. P.A.
February 22, 2005
Page 4
(3) The alleged difficulty or hardship is not economic and has not been
deliberately created to establish a use or structure which is not othetwise
consistent with the LDR.
The lack of available sewer service capacity is not an economic hardship
but a public health hazard which has not been deliberately created.
(4) The granting of the variance will not be detrimental to the public welfare
or injurious to other property or improvements in the vicinity.
The granting of the variance will enhance the public welfare by providing
additional needed sewer service capacity and will not be injurious to other
property or improvements in the vicinity.
(5) The proposed variance will not substantially increase the congestion in the
public streets, or increase the danger of fire, or endanger the public safety,
or substantially diminish or impair property values within the vicinity.
The proposed variance will not increase congestion nor danger of fire nor
endanger the public safety. Property values will be enhanced by the
providing of necessary sewer service capacity.
We submit that the Applications for Conditional Use Approval and Variance satisfy the
applicable review criteria, and respectfully request that you favorably consider our requests and
schedule these applications for the next available agenda of the Aventura City Commission. If
you have any questions or would like to discuss this matter further, please contact me at 305-
579-0613. Thank you for your attention to this matter.
Sincerely,
~3d~.1~
&^- Clifford A. Schulman
Greenberg Traurig, PA
RECEIVED
Greenberg
Traurig
COMMUNITY ({VElOPMENT
Clifford A. Schulman
(305) 579-<>613
Direct Fax: (305)%1.5613
E-Mail: schulmanc@gtlaw.com
February 23, 2005
Via E-Mail and U.S. Mail
Ms. Joanne Carr
Planning Director
City of Aventura
19200 West Country Club Drive
A ventura, Florida 33180
Re: Aventura Regional Sewer Pump Station I Applications for Variance I
Amendment to Letter ofIntent
Dear Ms. Carr:
On behalf of TRG Regina Square, Ltd., (the "Applicant") I respectfully submil this
amendment to the letter of intent dated February 22, 2005 submitted in connection with the
above referenced application for a variance. As provided in the original letter of intent, the
Miami-Dade Water and Sewer Department ("WASD") design specifications require a 1000
gallon above ground storage tank ("AST") whereas the TCl zoning regulations only permit an
AST with a maximum capacity of 550 gallons. As a consequence, the Applicant has applied for a
variance from the requirements of Section 3l-l45(3)el of the Aventura Land Development
Regulations ("LOR") so as to permit a 1000 gallon AST. Additionally, the Application is now
requesting a second variance in order to permit a metal picket fence and landscape screen around
the AST where Section 31-l45(b)(3)e.3 of the LOR requires a concrete or masonry wall with a
landscape screen. We respectfully submit that the Application for Variance satisfies the review
criteria of Section 31-76(e) of the LOR's as follows:
(I) The particular physical surroundings, shape, topographical condition, or
other physical or envirorunental condition of the specific property
involved would result in a particular hardship upon the owner, as
distinguished from a mere inconvenience,. if the regulations were carried
out literally.
Screening is required by the LOR, but for the purpose of future
maintenance of the AST and safety of the general public, the requirement
of a concrete or masonry wall would result in a hardship. A metal picket
fence would facilitate maintenance and adequate police surveillance.
Greenberg Traurig, P.A. I Attorneys at law 11221 Brickell Avenue I Miami, Fl33131 I Tel 305.579.0500 I Fox 305.579.0717 I www.gtlaw.com
February 22, 2005
Page 2
(2) The conditions upon which the request for a variance is based are unique
to the parcel and would not be generally applicable to other property
within the vicinity.
While the property within the vicinily requires the enhanced sewer service
capacity, this property is unique in that it is the most appropriate location
for the new pump station.
(3) The alleged difficulty or hardship is not economic and has not been
deliberately created to establish a use or structure which is not otherwise
consistent with the LDR.
The installation of a metal picket fence is not an economic hardship but is
instead necessitated by public safety and maintenance needs which have
not been deliberately created.
(4) The granting of the variance will not be detrimental to the public welfare
or injurious to other property or improvements in the vicinity.
The granting of the variance will enhance the public welfare by providing
visibility features that prevent potential loitering and mischief and will not
be injurious to other property or improvements in the vicinity.
(5) The proposed variance will not substantially increase the congestion in the
public streets, or increase the danger of fire, or endanger the public safety,
or substantially diminish or impair property values within the vicinity.
The proposed variance will not increase congestion, create danger of fire
or endanger the public safety.
We submit that the Application for Variance satisfies the applicable review criteria, and
respectfully request that you favorably consider our request and schedule this application for the
next available agenda of the Aventura City Commission. If you have any questions or would like
to discuss this matter further, please contact me at 305-579-0613. Thank you for your attention to
this matter.
Sincerely,
~~~~~
~ Clifford A. Schulman
Greenberg Traurig, PA
EXHIBIT "A"
LEGAL DESCRIPTION: (SANITARY SEWER PUMP STATION EASEMENT)
A portion of Tract B, REGINA SQUARE SUBDIVISION, according to the Plot thereof os recorded in Plat Book 113,
Page 27, of the Public Records of Miami-Dade County, Florida, lying in the SW 1/4 of Section 3, Township 52
South, Range 42 East, City of Aventura, Miami-Dade County, Florida and being more particularly described as
follows:
Commence at the Northeast corner of Tract "C", of said REGINA SQUARE SUBDIVISION, according to the Plot
thereof as recorded in Plat Book 113, Page 27 said corner being a point on the West right of wa,r. line of N.E.
29th Avenue; thence N 00'38'10" W along said west right of way line and East line of said Tract B" for 98.01 feet
to the POINT OF BEGINNING of hereinafter described Parcel of Land; thence continue N 00'38'10" W along said
West right of way line and said East Tract line for 12.00 feet. the following seven (7) courses being perpendicular
to or parallel with the preceded course; (1) thence S 89'21'50" W for 10.00 feet; (2) thence N 00'38'10" W for
21.34 feet; (3) thence S 89'21'50" W for 50.00 feet; (4) thence S 00'38'10" E for 50.00 feet; (5) thence
N 89'21'50" E for 50.00 feet; (6) thence N 00'38'10" W for 16.66 feet; (7) thence N 89'21'50" E for 10.00 feet
to the POINT OF BEGINNING.
SURVEYOR'S NOTES:
- This site lies in Section 3, Township 52 South, Range 42 East, City of Aventura, Miami-Dade County, Florida.
- Bearings hereon are referred to an assumed value of N 00'38'10" W for West right of way line of
N.E. 29th Avenue, said bearing is identical with the plat of record.
Lands shown hereon were not abstracted for easements and/or rights-of-way of records.
This is not 0 "Boundary Survey" but only 0 graphic depiction of the description shown hereon.
- Dimensions shown hereon are based on Fortin, Leavy, Skiles, sketch #2002-021.
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" was made under my responsible charge on February 18, 2005, and
meets the Minimum Technical Standards as set forth by the Florida Board of Pratessional Surveyors and Mappers in
Chapter 61G17-6, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes.
"Not valid without the signature and the original
raised seal of a Florida Uce~ eyor and Mapper"
.-/ .
//
FORTIN. LEAVY:S'KILE ,INC. 83653
./ / ~c:z
Daniel C. Fortin, For The Firm
Surveyor and Mapper, LS2853
State of Florida.
EASEMENT LEGAL DESCRIPTION
Dl1lwn By REP ( SKETCH OF DESCRIPTION I Date Feb. 18, 2005
Cad. No. 020252 FORTIN, LEAVY, SKILES, Scale None
INe.
Ref. Dwg,
2002-021 CONSULTING ENGINEERS, SURVEYORS & MAPPERS Job. No. 050323
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 Dwg. No. 1005-009
180 Northeast 168th. Street / North Miami Beach. Florida. 33162
Ploned: 2/18/05 1 :40p Phone: 305-653-4493 I Fax 305-651-7152 / Ernail fls flssurve .com Sbeet 1 of 3
EXHIBIT "A"
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NOT
SUBDIVIDED
TRACT "A"
REGINA SQUARE
SUBDIVISION
PLAT BOOK 113
PAGE 27
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PAGE 27
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INC.
~l Dwg.
2002-021 CONSULTING ENGINEERS, SURVEYORS & MAPPERS lob. No. 050323
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: ??oo3653 Dwg. No. 1005-009
180 Northeast 168th. Street / North Miami Beach, Florida. 33162
p- 2/18/05 1 :40p Phone: 305-653-4493/ Fax 305-651-7152/ Email fla tlssurvcy .com Sboot 2 of 3
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Plat Book 113. Page 27 I
West Right of Way Line
of N.E. 29th Avenue
N89021 '50"E
50.00'
POINT Of BEGINNING
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REGINA SQUARE SUBDIVISION
PLAT BOOK 113, PAGE 27
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SKETCH TO ACCOMPANY EASEMENT LEGAL DESCRIPTION
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POINT OF COMMENCEMENT
Northeast Corner of
Tract "C", Plat Book 113, Page 27
NORTH LINE OF TRACT "C" ,
-------~-----------
35.00'
35.00'
East Line of Tract "e" ~I
Plat Book 113. Page 27
West Right of Way Line
of N.E. 29th Avenue I
Drawn By REP r SKETCH OF DESCRIPTION I Date Feb. 18, 2005
Cad. No. 020252 FORTIN, LEAVY, SKILES, Scale 1" = 30'
Ref. Dwg. INe,
2002-021 CONSULTING ENGINEERS, SURVEYORS & MAPPERS Job. No. 050323
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 Dwg. No. 1005-009
180 Northeast 168th. Street / North Miami Beach. Florida. 33162
Plotted: 2/18/05 1 :40p Phone: 305-653-4493 / Fax 305-651-7152 / Email fls@flssurvey.com Sheet 3 of 3
RESOLUTION NO. 2005-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
TO ALLOW AN ABOVEGROUND EMERGENCY FUEL STORAGE
TANK IN THE TC1 (TOWN CENTER) DISTRICT; GRANTING
VARIANCE TO SECTION 31-145(b)(3)e,1, TO ALLOW A 1,000
GALLON ABOVEGROUND EMERGENCY FUEL STORAGE TANK
WHERE A MAXIMUM SIZE OF 550 GALLONS IS PERMITTED BY
CODE; GRANTING VARIANCE TO SECTION 31-145(b)(3)e.3, TO
ALLOW A METAL PICKET FENCE AND LANDSCAPE SCREEN ON
THE ABOVEGROUND STORAGE TANK, WHERE A MASONRY OR
CONCRETE WALL AND LANDSCAPE SCREEN IS REQUIRED BY
CODE, ALL FOR THE PROPOSED PUMP STATION ON THE TOWN
CENTER SITE AT 18741 BISCAYNE BOULEVARD, CITY OF
AVENTURA; PROVIDING FOR AN EFFECTIVE DATE,
WHEREAS, the property described herein is zoned TC1, Town Center District;
and
WHEREAS, the applicant, TRG Regina Square Ltd., through Applications No.
01-CU-05 and 01-VAR-05 is requesting conditional use approval to allow an
aboveground emergency fuel storage tank in the TC1 (Town Center) District; variance
to Section 31-145(b)(3)e.1. to allow a 1,000 gallon aboveground emergency fuel
storage tank where a maximum size of 550 gallons is permitted by Code; and variance
to Section 31-145(b)(3)e.3. to allow a metal picket fence and landscape screen on the
aboveground storage tank, where a masonry or concrete wall and landscape screen is
required by Code, and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
Resolution No. 2005-_
Page 2
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 allow an aboveground emergency
fuel storage tank in the TC1 (Town Center) District is hereby granted, subject to the
conditions set out in this Resolution, on property legally described as a portion of Tract
"B", Regina Square Subdivision, according to the Plat recorded in Plat Book 113, Page
27 of the Public Records of Miami-Dade County, more particularly described in Exhibit
"A" to this resolution and known as municipal address 18741 Biscayne Boulevard.
Section 2, Application for Variance to Section 31-145(b)(3)e.1 to allow a 1,000
gallon aboveground emergency fuel storage tank, where a maximum size of 550
gallons is permitted by Code is hereby granted, subject to the conditions set out in this
Resolution, on property legally described as a portion of Tract "8", Regina Square
Subdivision, according to the Plat recorded in Plat Book 113, Page 27 of the Public
Records of Miami-Dade County, more particularly described in Exhibit "A" to this
resolution and known as municipal address 18741 Biscayne Boulevard.
Section 3. Application for Variance to Section 31-145(b)(3)e.3 to allow a metal
picket fence and landscape screen for the aboveground storage tank, where a masonry
or concrete wall and landscape screen is required by Code, is hereby granted, subject
to the conditions set out in this Resolution, on property legally described as a portion of
Tract "B", Regina Square Subdivision, according to the Plat recorded in Plat Book 113,
Page 27 of the Public Records of Miami-Dade County, more particularly described in
Resolution No. 2005-_
Page 3
Exhibit "A" to this resolution and known as municipal address 18741 Biscayne
Boulevard.
Section 4. Approval of the requests above is subject to the following conditions:
1. Building permits shall be obtained for the proposed development within 12 months
of the date of this resolution, failing which this approval shall be deemed null and
void. The City Commission may, by resolution or motion at a regular meeting, grant
one extension of up to six months for good cause shown by the applicant and upon
written request for such extension by the applicant within the initial 12 month
approval period.
2. Plans shall comply with those submitted as follows:
(i) "The Venture at Aventura", Site Masterplan, Sheet AO.0.03, prepared by
ARQ, dated 10/09/03, revised 02/09/05, signed and sealed.
(iI) "Loehmann's Plaza Redevelopment, Regional Pump Station Site Plan",
Sheet 1 of 1, prepared by Fortin Leavy Skiles Inc., dated 02/10/05, signed
and sealed.
Section 5. 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 6, This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
, who
moved its adoption.
The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
Resolution No. 2005-_
Page 4
PASSED AND ADOPTED this 10lh day of March, 2005.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this
day of March, 2005.
CITY CLERK
EXHIBIT "A"
LEGAL DESCRIPTION: (SANITARY SEWER PUMP STATION EASEMENT)
A portion of Tract B, REGINA SQUARE SUBDIVISION, according to the Plat thereof os recorded in Plot Book 113,
Page 27, of the Public Records of Miami-Dade County, Florida, lying in the SW 1/4 of Section 3, Township 52
South, Range 42 East, City of Aventuro, Miami-Dade County, Florida and being more particularly described as
follows:
Commence at the Northeast corner of Tract "Co. of said REGINA SQUARE SUBDIVISION, according to the Plat
thereof as recorded in Plat Book 113, Page 27 said corner being a point on the West right of, wa): line of N.E.
29th Avenue; thence N 00'38'10" W along said west right of way line and East line of said Tract B" for 98.01 feet
to the POINT OF BEGINNING of hereinafter described Parcel of Land; thence continue N 00'38'10" W along said
West right of way line and said East Tract line for 12.00 feet, the following seven (7) courses being perpendicular
to or parallel with the preceded course; (1) thence S 89'21'50" W for 10.00 feet; (2) thence N 00'38'10" W far
21.34 feet; (3) thence S 89'21'50" W for 50.00 feet; (4) thence S 00'38'10" E for 50.00 feet: (5) thence
N 89'21'50" E for 50.00 feet; (6) thence N 00'38'10" W far 16.66 feet: (7) thence N 89'21'50" E for 10.00 feet
to the POINT OF BEGINNING.
My~I. ~UllM-..pIiles:
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APPLltANT REPREUNTATM! AFFIDAVIT
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Anne Cotler
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BUSINESS RELATIONSHIP AFFIDAVIT*
This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that:
(mark with 'x' applicable portions only)
[X] 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which
the application will be presented.
[ ] 2, Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory
Board to which the application will be presented, as follows:
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member serves).
The nature of the Business Relationship is as follows:
[] I. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock
of Applicant or Representative;
[] il. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not
listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any
business venture;
[ ] iil. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another
professional working from the same office or for the same employer as the member of the City Commission or
Board;
[ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative;
[] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her
employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or
his or her employer) in a given calendar year;
I) vI. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts
more than $25,000.00 of the business of the Applicant or Representative in a given calendar year.
WITNESS MY HAND THIS
DAY OF
,2005.
APPLICANT:
By:
Name:
Title:
(Signature)
(Print)
(Print)
WITNESS MY HAND THIS _ DAY OF
PROPERTY OWNER:
,2005.
By:
Name:
Title:
(Signature)
(Print)
(Print)
'The terms "Business Relationship," "Client," "Customer," "Applicant," "Representative" and "Interested Person" are defined in
Section 2-395 of the Aventura City Code.
13
WITNESS MY HAND THIS _ DAY OF
.2005.
REPRES NTATIVE: (Listed on Business Relationship Affidavit)
:-
By: t urn
By ~"0/LfrfSignaturn
Name: Mario Garcia-Serra (Print)
Title: Attorney (Print)
Name: Clifford A. Schulman (Print)
Title: Attorney (Print)
By: (Signature) By: (Signaturn
Name: Anne Cotter (Print) Name: Carl Skiles (Print)
Title: Architect (Print) Title: Engineer (Print)
By: (Signaturn) By: (Signaturn
Name: (Print) Name: (Print)
Title: (Print) Title: (Print)
By: (Signaturn) By: (Signaturn
Title: (Print) Title: (Print)
Title: (Print) Title: (Print)
By: (Signature) By: (Signaturn
Title: (Print) Title: (Print)
Title: (Print) Title: (Print)
By: (Signaturn) By: (Signaturn
Title: (Print) Title: (Print)
Title: (Print) Title: (Print)
NOTE: 1) Use duplicate sheets if disclosure information for Representative varies
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to
Sec. 3 1-7 1 (b)(2)(iv) of the City's Land Development Regulations in the City Code, in the
event that prior to consideration of the application by the City Board or Commission, the
information provided in the Affidavit becomes incorrect or incomplete.
NOTARIZATION PROVISION
STATE OF FLORIDA )
COUNTY OF MIAMI-OADE)
Before me, the unders~ned authonly, personally appaared Clifford A. Schul an tha Affiant, W
he/she executed this Affidavit for the purposes stated therein and that it is true and correct.
AFFIANT
SWORN TOAND SUBSCRIBED before me thiS~:> day of ~" 2005. ~
\ \.
,..'... Nolllry Pubic State of Florida '-~
'~.": Me_Lopez .
;., . A M1 Commossion 00373825 ~ ~, ., e~
~ .. E 121312008 - -~ ""'t'-
.~ xpns Printed Name of Notary
My commission expires: \ ~ - '2." _-~~~
i 9 first by me duly sworn, did swear or affirm that
-------------------------------------------------------------------------------------------------
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared Mario Garcia-Serra the Affiant, who being first by me duly sworn, did swear or affirm that he/she
executed thisAffidav~forthe purposes stated therein and that it is true and correct. ~_ ~~
AFFIANT
~o ,,~= ~
:~ry~~~:zteofFlorida ~~ . .
My ComlTllSSKlIl 00373825 ~
EXplres t2J3J2008 ' -""S: ':r,' \ ~
Printed Name of Notary
My commission expires:
SWORN Tn.m
~.....,~~.
R~...
\,0.".;
0'"
------------------------------------------..---------------------.-------------------....----------.------------------
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared Carl Skiles the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this
Affidavit for the purposes stated therein and that it is true and correct.
AFFIANT
SWORN TO AND SUBSCRIBED before me this _ day of
,2005.
Notary PubliC State of Florida At Large
Printed Name of Notary
My commission expires:
------------------------..------------....--.-..--------.------..-.----..-------------.
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me, the undersigned authority, personally appeared Anne Cotter the Affiant, who being first by me duly sworn, did swear or affirm that he/she executed
this Affidavit for the purposes stated therein and that it is true and correct.
AFFIANT
SWORN TO AND SUBSCRIBED before me this _ day of
,2005.
Notary Public State of Flonda At Large
Pnnted Name of Notary
My commission expires:
G.
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BUSINESS RELATIONSHIP AFFIDAVIT*
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~ MY COMMISSION # DD307184
"'-'-~omdF EXPIRES: April 06, 2008
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CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
City Commission
FROM:
Eric M. Soroka,
City Manager
BY:
DATE: December 8, 2004
SUBJECT: Request of TRG Regina Square, Ltd. for Modification of Conditional Use
approval granted through Resolution 2002-46 to change the color scheme
of Phase 1 of the Town Center at 18741 Biscayne Boulevard (05-CU-02
Modification)
March 10. 2005 City Commission Meeting Agenda Item 3- B
RECOMMENDATION
It is recommended that the City Commission deny the request for modification of the
color scheme for Pt)ase 1 of the Town Center redevelopment project as approved
through Resolution No. 2002-46 as it does not meet the criteria for conditional use
approval in Section 31-73 of the City Code.
THE REQUEST
The applicant, Clifford A. Schulman for TRG Regina Square, Ltd., is requesting that the
exterior colors of the Phase 1 condominium buildings known as The Venture. be
changed from the earth tones presented at the September 3, 2002 City Commission
public hearing to blue and white colors. (See Exhibit #1 for Letter of Intent)
BACKGROUND
OWNER OF PROPERTY
TRG Regina Square, Ltd.
APPLICANT
Clifford A. Schulman
ADDRESS OF PROPERTY 18741 Biscayne Boulevard
Loehmann's Fashion Island Shopping Plaza
(See Exhibit #2 for Location Plan and
Exhibit #3 for Aerial Photograph)
LEGAL DESCRIPTION Part of Tracts "8" and "C", Regina Square
Subdivision, as recorded in Plat Book 113,
Page 27 of the Public Records of Dade County
SIZE OF PROPERTY Approximately 6.27 acres for Phase 1 site
EXISTING ZONING TC1, Town Center District
FUTURE LAND USE DESIGNATION Town Center (TC1 zone)
HISTORY
The Phase 1 development of the Town Center currently under construction on the
Loehmann's Plaza site consists of two residential buildings with a total of 500 units and
18,799 square feet of retail space on the ground level of the north elevation of each
building. The easterly building fronting on NE 29 Avenue is 11 stories high and the
westerly building fronting on NE 187 Street is 7 stories high. Both buildings are
connected by a five level parking garage that has been designed to complement the
fagade of the residential structures.
On September 3, 2002, the applicant received Conditional Use Approval through
Resolution No. 2002-46 to permit the following uses in Phase 1 of the Town Center
development:
1. An 11 story residential building, where a maximum of 4 stories are permitted by
Code.
2. A 7 story residential building, where a maximum of 4 stories are permitted by
Code.
3. Floor area minimum of 750 square feet for one bedroom units, where a minimum
of 900 square feet is required by Code.
4. Floor area minimum of 1,025 square feet for two bedroom units, where a
minimum of 1050 square feet is required by Code.
5. Residential uses on the ground floor, where retail and office uses only are
permitted on the ground floor by Code.
6. 825 parking spaces, where 1,066 parking spaces are required by Code.
The conceptual master plan for the overall Town Center was approved as part of the
administrative site plan approval for the Phase 1 development. Color renderings of the
Phase 1 development and the Town Center plaza area were presented by the applicant
at the September 3, 2002 public hearing. Those renderings showed an earth tone color
scheme for both Phase 1 and the Town Center as a whole. Copies of the color
2
renderings are attached as Exhibit #4. The requested color change is shown on Exhibit
#5.
ANALYSIS
Citizen Comments - The Community Development Department has received no written
citizen comments about this application.
Community Development Department Analysis - The Applicant is requesting
modification to the conditionai use approval granted through Resolution No. 2002-46 to
change the color scheme of the Phase 1 buildings from earth tones to blue and white.
This modification requires review of the conditional use approval criteria to ensure that
all criteria continue to be met with this requested change.
Criteria
This request for modification to conditional use approval will be evaluated using the
criteria in Section 31-73 of the City's Land Development Regulations, as follows:
(a) The proposed use shall be consistent with the comprehensive plan.
The use is consistent with the City of Aventura Comprehensive Plan, which designates
the future land use category for this site as Town Center. The requested modification
does not change the proposed use of the land.
(b) The establishment, maintenance or operation of the proposed use shall not be
detrimental to or endanger the public health, safety or general welfare.
The establishment, maintenance or operation of the proposed use will not be
detrimental to or endanger the public health, safety or general welfare. The requested
modification does not change the proposed use of the land.
(c) The proposed use shall be consistent with the community character of the
immediate neighborhood of the proposed use.
The proposed use is consistent with the community character of the immediate
neighborhood of the proposed use. The requested modification does not change the
proposed use of the land. There is an existing mix of retail, office and residential uses in
the immediate neighborhood of NE 28 Court, NE 29 Avenue, NE 187 Street, NE 190
Street and NE 191 Street. The City Commission has reviewed the overall concept and
future of this area of the City and has determined that a mixed use, town center
development on this site will be beneficial to businesses and residents.
(d) Utilities, roadway capacity, drainage and other necessary public facilities, including
police, fire and emergency services, shall exist at the City's adopted levels of
3
service, or will be available concurrent with demand as provided for in the
requirements of these LORs.
The applicant's engineer confirmed that utilities, roadway capacity, drainage and other
necessary public facilities, including police, fire and emergency services, shall exist at
the City's adopted levels of service or will be available concurrent with demand as
provided for in the requirements of the City's Land Development Regulations. The
requested modification does not change the concurrency requirements.
(e) Adequate measures exist or shall be taken to provide ingress and egress to the
proposed use in a manner that minimizes traffic congestion in the public streets.
The requested modification does not change the proposed ingress and egress to the
proposed use. Ingress and egress to the Phase 1 parking structure is proposed through
an entrance on NE 187 Street at NE 28 Court with an exit into the plaza to the north, a
drop-off, pick-up area on both NE 29 Avenue and the westerly internal drive. The
applicant submitted a Traffic Study which indicated that a traffic signal is required at this
time at the intersection of NE 28 Court and NE 187 Street. Signal timing changes are
required at the existing light at the intersection of NE 29 Avenue and NE 190 Street and
at the existing light at the intersection of NE 187 Street and Biscayne Boulevard. The
applicant has voluntarily agreed to fund the installation of a traffic signal and will make
arrangements with Miami-Dade County for the timing changes at the existing signals,
prior to issuance of a certificate of occupancy or temporary certificate of occupancy.
The applicant has also indicated that it will support the City in a request to FOOT and
the County to prohibit left turns at the intersection of NE 187 Street and Biscayne
Boulevard and relocate the existing traffic signal at that intersection to the intersection of
the present entrance road into Loehmann's Plaza and Biscayne Boulevard. This will
alleviate the existing traffic congestion at the corner NE 187 Street and Biscayne
Boulevard. These improvements are conditions of Resolution No. 2002-46.
(f) The establishment of the conditional use shall not impede the development of
surrounding properties for uses permitted in the zoning district.
The establishment of the conditional use will not impede the development of
surrounding properties for uses permitted in the zoning district. The property to the
north is zoned for similar mixed-use development. The property to the south is zoned
Community Business district and contains an existing retail plaza. The properties to the
east are zoned Town Center and Town Center Marine Districts and include an existing
marina and an office/retail complex under construction. To the west of this site lie
Biscayne Boulevard and the Florida East Coast Railway.
(g) The design of the proposed use shall minimize adverse effects, including visual
impacts, of the proposed use on adjacent property through the use of building
orientation, setbacks, buffers, landscaping and other design criteria.
4
The Phase 1 buildings were. designed to interface both with the existing center until
future phases are constructed and with the master plan once it is completed. The earth
tone color scheme originally presented is continued throughout all future phases of the
Town Center master plan. A change to blue and white exterior colors on the Phase 1
buildings will not minimize visual impacts and will not create a unified theme of
development of the Town Center that results in a "sense of place" if one part is blue and
white and the balance is earth tones. The applicant's letter of intent states that the blue
and white exterior colors will be compatible with the color of buildings on NE 188 Street
and in the general area; however, the compatibility desired is compatibility with the
balance of the adjacent Town Center and with the balance of the adjacent existing retail
center until the future phases of the Town Center are constructed. Staffs review of
publications on other Town Centers in South Florida and in other parts of the country
show that earth tones are consistently used to create the comfortable environment
desired for gathering areas.
5
Greenberg
Traurig
Clifford A. Schulman
(305) 579-0613
Direct Fax: (305) 961-5613
E-Mail: schulmanc@gtlaw.com
October 21, 2004
loann Carr, AICP
Planning Director
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
Re: Request for modification of color scheme for the project known as 'The Venture"
Dear Ms. Carr:
This letter constitutes our request for Commission consideration for a modification of
colors of the above-noted project. The project was granted Conditional Use Approval through
adoption of Resolution No. 2002-46 on September 3, 2002.
While we do not believe that the Conditional Use Approval formally encompassed
approval of color schemes, staff has indicated that they feel Commission approval is required for
any modification of the colors rendered in our proposal.
After consultation with our design architects, Arquitectonica, a modified color scheme is
felt to be more appropriate for the site and the general environs of this area of the City, including
developments which have been approved at, near and around the site. A review of colors of
buildings approved up and down N.E. 188'h Street, including the City's own Charter School and
Community Center, will show the compatibility of our proposed color scheme with those as-built
and approved projects.
We will submit, under separate cover, a rendering comparison of the prior color and the
proposed new color shortly. However, we wanted to get this letter to you as soon as possible to
get a place on the November 9,2004 agenda.
Should you have any further questions, please feel free to call me.
Sincerely,
~~-J~
r Clifford A. Schulman
cc:
Anne Cotter
John Chappelear
Rafael MiIlares
EXHIBIT #1
05-CU-02 (MOD)
I\MIA-SR VO 1 11593 786vO 1 \1 0/21/0411 0840.0 17500
Greenberg Trourig, P,A. I Attorneys at Law 11221 Brickell Avenue I Miami, FL 33131 I Tel 305,579,0500 I Fax 305,579,07171 W'N'+I,gtlaw,com
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EXHIBIT #5
05-CU-02 (MOD)
RESOLUTION NO. 2005-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, CONCERNING AN
APPLICATION FOR MODIFICATION TO CONDITIONAL
USE APPROVAL GRANTED THROUGH RESOLUTION
NO. 2002-46 TO ALLOW A CHANGE IN EXTERIOR
COLOR ON THE PHASE 1 BUILDINGS IN THE TOWN
CENTER LOCATED AT 18741 BISCAYNE BOULEVARD,
AVENTURA; PROVIDING AN EFFECTIVE DATE,
WHEREAS, the property described herein is zoned TC1, Town Center District;
and
WHEREAS, the applicant, through Application No. 05-CU-02 (Modification), has
applied for modification to the conditional use approval granted through Resolution No.
2002-46 to permit a change in the exterior color of the Phase 1 residential buildings
from earth tones to blue and white; 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 does/does not1
meet the criteria of the applicable codes and ordinances to the extent the application is
granted/denied1.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
1 Language in bold italics indicates a recommendation and decision to be made by the City Commission at
public hearing.
Resolution No. 2005-
Page 2
Section 1. Application No. 05-CU-02 (Modification) for modification to the
conditional use approval granted through Resolution No. 2002-46 to permit a change in
the exterior color of the Phase 1 residential buildings from earth tones to blue and white
on property legally described in Exhibit "A" to this Resolution, is hereby
grantedldenied1.
Section 2. The City Manager is authorized to cause the issuance of permits in
accordance with the decision of the City Commission herein provided and to indicate
such decision upon the records of the City.
Section 3. Effective Date. This Resolution shall become effective immediately
upon its adoption.
The foregoing Resolution was offered by
, who moved
its adoption. The motion was seconded by
, and upon being
put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
Resolution No. 2005-
Page 3
PASSED AND ADOPTED this 10th day of March, 2005.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this _ day of January, 2005.
CITY CLERK
Exhibit "A"
Legal Description
A portion of Tracts B & C, REGINA SQUARE SUBDIVISION, according to the
Plat thereof as recorded in Plat Book 113, Page 27, of the Public Records of
Miami-Dade County, Florida, lying in the SW 1/4 of Section 3, Township 52
South, Range 42 East, City of Aventura, Miami-Dade County, Florida and being
more particularly described as follows:
Begin at the Northeast comer of said Tract "C"; the following three (3) courses
being along the Easterly and Southerly line of said Tract "C" said line also
being along the Westerly right-of-way line of N.E. 29th Avenue and Northerly
right-of-way line of N.E. 187th Street as shown on said Plat of REGINA
SQUARE SUBDIVISION, (I) thence South 00E38'1O" East for 260.56 feet to a
point of curvature; (2) thence Southerly and Westerly along a 128.90 foot
radius curve leading to the right, through a central angle of 90E41'25" for an
arc of 204.03 feet to a point of tangency; (3) thence North 89E56'45" West for
126.02 feet to the Southwest comer of said Tract "C"; thence North 89E56'45"
West along the South line of said Tract "B" also being said Northerly right-of-
way of N.E. 187th Street for 364.91 feet; thence North 00E03' 15" East for
443.27 feet; thence South 89E56'45" East along a line parallel with said South
line of Tract "B" for 616.05 feet; thence South OE38'1O" East along the East line
of said Tract "B" also being the West right-of-way line of N.E. 29th Avenue for
52.27 feet to the POINT OF BEGINNING.
The City of
AVentura
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MINUTES
CITY COMMISSION MEETING
FEBRUARY 1, 2005 6 p.m.
Aventura Government Center
19200 W, Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Mayor Jeffrey M. Perlow. Present were Commissioners Zev Auerbach, Jay R. Beskin,
Bob Diamond, Manny Grossman, Harry Holzberg, Vice Mayor Ken Cohen, Mayor
Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney
David M. Wolpin. As a quorum was determined to be present, the meeting
commenced.
2. PLEDGE OF ALLEGIANCE: AI Sandler led the pledge of allegiance.
3. ZONING HEARINGS: SPECIALLY SET BY COMMISSION FOR 6 P.M.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, CONCERNING AN APPLICATION FOR MODIFICATION TO
CONDITIONAL USE APPROVAL GRANTED THROUGH RESOLUTION NO.
2002-46 TO ALLOW A CHANGE IN EXTERIOR COLOR ON THE PHASE 1
BUILDINGS IN THE TOWN CENTER LOCATED AT 18741 BISCAYNE
BOULEVARD, AVENTURA; PROVIDING AN EFFECTIVE DATE.
At the request of the applicant, a motion to defer this item to the March 10, 2005
Commission meeting was offered by Commissioner Diamond, seconded by Vice
Mayor Cohen, and unanimously passed.
4. AGENDA: REQUEST FOR DELETIONS/EMERGENCY ADDITIONS:
Commissioner Diamond requested permission to provide his report at this time due to
the fact that he may have to leave the meeting early. He requested Commission
consideration of a building moratorium and a review of the City's masterplan.
5. SPECIAL PRESENTATION: Certificates of Completion were presented to
participants in Aventura Government 101 - A Citizens Academy.
6. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Vice Mayor Cohen, seconded by Commissioner Grossman, unanimously passed
and the following action was taken:
A. The minutes of the January 4, 2005 Commission Meeting, January 6,
2005 Special Meeting and January 20, 2005 Workshop Meeting were
approved.
B. Resolution No. 2005-03 was adopted as follows:
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 MIAMI SHORES VILLAGE 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,
C, Resolution No, 2005-04 was adopted as follows:
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 MIAMI-DADE COUNTY 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,
0, Resolution No. 2005-05 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA ADOPTING THE CITY OF AVENTURA 2005
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.
E, Resolution No. 2005-06 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, PROVIDING FOR THE APPOINTMENT BY THE
COMMISSION OF A MEMBER TO THE BOARD OF TRUSTEES OF
THE POLICE OFFICERS' RETIREMENT PLAN TO FILL A VACANCY
AND PROVIDING AN EFFECTIVE DATE.
F. The following ordinance was read by title by Mr. Wolpin and approved on
first reading:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2003-12 WHICH
ORDINANCE ADOPTED A BUDGET FOR THE 2003/2004 FISCAL
YEAR BY REVISING THE 2003/2004 FISCAL YEAR OPERATING AND
2
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.
7, ORDINANCES: FIRST READING/PUBLIC INPUT: None.
8. PUBLIC HEARING: ORDINANCES - SECOND READING: Mr. Wolpin read the
following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE
CITY CODE BY AMENDING CHAPTER 26 "ELECTIONS" BY AMENDING
ARTICLE U"CITY COMMISSION AND MAYOR", BY CREATING SECTION 26.
34 "EARLY VOTING"; EXEMPTING CITY MAYORAL AND COMMISSION
ELECTIONS FROM THE PROVISIONS OF PARAGRAPH (1)(b) OF SECTION
101.657, FLORIDA STATUTES, CONCERNING EARLY VOTING AND
INSTEAD AUTHORIZING A SHORTENED DURATION FOR EARLY VOTING
FOR CITY MAYORAL AND COMMISSION ELECTIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE,
A motion for approval was offered by Vice Mayor Cohen and seconded by
Commissioner Grossman. Mayor Perlow opened the public hearing. The
following individual addressed the Commission: Bernie Weinstein, 20191 E.
Country Club Drive. There being no further speakers, the public hearing was
closed. The motion for approval passed unanimously by roll call vote and
Ordinance No. 2005-02 was enacted.
9. RESOLUTIONS - PUBLIC HEARING: None.
10,OTHER BUSINESS: Mr. Beskin suggested that a resolution be adopted by the
Commission opposing the County's referendum for March 8th on placing slot
machines at pari-mutuel sites within Miami-Dade County. Mr. Wolpin read the
following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, EXPRESSING THE CITY COMMISSION'S OPPOSITION TO THE
PROPOSED INSTITUTION OF SLOT MACHINE GAMBLING AT RACE TRACK
AND JAI ALAI FACILITIES WITHIN MIAMI-DADE AND BROWARD
COUNTIES BASED ON THE FACT THAT NO STRATEGIES AND PROGRAMS
HAVE BEEN DEVELOPED AND IMPLEMENTED BY THE FLORIDA
LEGISLATURE AND ANY GOVERNMENTAL AGENCIES HAVING
APPROPRIATE JURISDICTION TO ADDRESS THE MITIGATION OF
ADVERSE IMPACTS INCLUDING INCREASED TRAFFIC, INCREASED
3
DEMAND FOR LAW ENFORCEMENT, AND POTENTIAL ADVERSE SOCIAL
IMPACT; ENCOURAGING THE ELECTORS OF THE CITY OF AVENTURA
AND OF MIAMI-DADE AND BROWARD COUNTIES TO REJECT THE SLOT
MACHINE MEASURE AT THE MARCH 8, 2005 SPECIAL ELECTION IN
MIAMI-DADE AND BROWARD COUNTIES; PROVIDING FOR
IMPLEMENTATION; PROVIDING FOR EFFECTIVE DATE,
A motion for approval was offered by Commissioner Beskin and seconded by
Commissioner Diamond. The following individual addressed the Commission: Ron
Book, 2999 NE 191st Street. Commissioner Holzberg offered a motion to table this
matter. The motion died for lack of a second. The resolution failed, 2-5, with
Commissioners Beskin and Diamond voting yes and Commissioners Auerbach,
Grossman, Holzberg, Vice Mayor Cohen and Mayor Perlow voting no.
11.PUBLlC COMMENTS: Susan Gottlieb, 3201 NE 183rd Street; Ray Porer, 2905 NE
190th Street; Rev. Will Keyser; and AI Sandler, President of Del Prado Condominium
Association.
Senator Gwen Margolis, Mr. Book and representatives of the South Florida Water
Management District presented a check in the amount of $215,000 to the city for
stormwater improvements.
12. REPORTS, As submitted.
Mr. Soroka announced that the February 3, 2005 Workshop meeting was re-scheduled
to February 14, 2005 at 10 a.m.
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 8:15 p.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing
will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based.
4
A'!be C~ of
1'\.ventura
.
""~"'-;.>'"
MINUTES
COMMISSION WORKSHOP MEETING
FEBRUARY 14, 2005 3 p,m,
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Jeffrey M.
Perlow at 3 p.m. Present were Commissioners Zev Auerbach, Jay R. Beskin, Bob
Diamond, Manny Grossman, Harry Holzberg, Vice Mayor Ken Cohen, Mayor Perlow,
City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M.
Wolpin. As a quorum was determined to be present, the meeting commenced.
1. VILLAGE AT GULFSTREAM PARK DRI UPDATE: John Shubin, Esq., the City's
special counsel for this matter, provided a progress report, including his meeting with
Gulfstream Park representatives.
CITY MANAGER SUMMARY: No action necessary.
Mr. Soroka requested Commission consensus to take the necessary steps to initiate
eminent domain proceedings to acquire the proposed Waterways Park Site.
CITY MANAGER SUMMARY: It was the consensus of the Commission to proceed
as follows:
. Issue required thirty day notice that the City intends to pursue quick take eminent
domain proceedings. The letter would include the City's offer of $3,800,000 with
$1,000,000 to be held in escrow to offset environmental cleanup costs for the
site. The opportunity to apply for conditional use approval would not be included.
. City Manager and City Attorney to prepare resolution for March 10,2005 meeting
to initiate quick take eminent domain proceedings and declaring said action to be
a public purpose to acquire the site.
2, MORATORIUM (Commissioner Diamond): Commissioner Diamond requested the
Commission's consensus to direct the City Attorney to research the feasibility of
imposing a building moratorium. Stanley Price, Esq., Clifford Schulman, Esq., and
Eric Kane, AGK Development, spoke to the issue.
CITY MANAGER SUMMARY: Consensus to proceed for consideration at April
Workshop meeting.
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 4:50 p.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
,2005.
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 indudes the testimony and evidence upon which the appeal is to be based,
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, ICMA-CM, City
TO: City Commission
DATE: March 1, 2005
SUBJECT: Disbursement of Police Forfeiture
March 10, 2005 City Commission Meeting Agenda Item to - P,
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 $58,468 for Investigative Services
Equipment, Patrol Services Equipment and Crime Prevention Equipment from
the Police Forfeiture Fund in accordance with the City Manager's memorandum".
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC01339-05
CITY OF AVENTURA
POLICE DEPARTMENT
FROM:
NDUM
TO:
DATE:
February 28, 2005
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:
Investigative Services
Patrol/SW AT IK9
Crime Prevention
$15,500
$38,948
$4,700
$58,468
Total Expenditure Request:
I certify that this requested expenditure complies with Florida State Statute
932.704 in that:
1. Funds will be used for an appropriate law enforcement purpose.
2. Funds are not being used as a normal source of revenue for the
Police Department.
3. Funds were not considered in the adoption and approval of the budget
of the Police Department.
Summary
Investigative Services - Approved funds will purchase: a refrigerator for the
Crime Scene unit to store perishable evidence; digital recorders for Detectives to
use during the taking of statements; wireless cameras system for use during
surveillance and convert operations.
Crime scene refrigerator
Digital recorders
Wireless camera system
Total
$6,000
$1,500
$8,000
$15,500
Patrol Services - Approved funds will purchase: spare Tasers; Taser cartridges
for Taser recertification; full K9 bite suit and K9 jumps; a new K9 dog for a new
handler; cutting torch and rods for SWAT for entries; night vision goggles; SWAT
ladder; miscellaneous equipment for weapons for entries and tactical situations
Tasers
Taser cartridges
K9 bite suit
K9 jumps
K9 dog
SWATtorch
Torch rods
Remington 870 barrel
2 H&K UMP suppressors
Night vision goggles
Ladder
Aim point sight
Total
$3,255
$13,856
$1,700
$1,240
$10,000
$2,650
$142
$250
$1,500
$2,595
$400
$680
$38,268
Crime Prevention - Approved funds will purchase: a shade shelter for use
during crime prevention functions; a display board for crime
prevention/Community Patrol; an ice machine for city functions and
Shade shelter
Display board
Ice machine
Total
$1,200
$2,000
$1,500
$4,700
CITY OF A VENTURA
OFFICE OF THE CITY MANAGER
TO: City Commission
FROM: Eric M. Soroka, City
BY: Antonio F. Tomei, C cts Manager tc pj
DATE: March 1, 2005
SUBJECT: Bid No: 05-02-18-2
March 10, 2005 City Commission Meeting Agenda Item b -C-
Recommendation
It is recommended that the City Commission adopt the attached Resolution awarding
Bid No. 05-02-18-2, Decorative Street Light Supplier to the lowest responsible and
responsive bidder, Lunar Industrial and Electrical.
Backaround
In accordance with the City's Purchasing Ordinance, bids for this project were solicited,
advertised, and opened on February 18, 2005. The City received three (3) bids for this
project with an itemized breakdown of the following four (4) conditions in which street
lights are ordered:
A. Single Fixture Pole wI Banner Arm
B. Single Fixture Pole wlout Banner Arm
C. Double Fixture Pole wI Banner Arm
D. Double Fixture Pole wlout Banner Arm
A.
B.
C.
D.
Lunar Industrial and Electrical
Consolidated Electric
South Atlantic Traffic Corp.
$2,768
$3,925
$4,038
$2,668
$3,140
$3,238
$3,668
$5,755
$5,903
$3,468
$5,050
$3,238
The specifications incorporated into the bid documents will allow for exact replicas to
be made of all the existing decorative street lights installed throughout the City. The low
bid prices are less than the current costs associated with previous project bids that
include street lighting.
If you have any questions or need any additional information, please feel free to
contact me.
RESOLUTION NO. 2005-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO, 05-02-18-2, DECORATIVE STREET LIGHT SUPPLIER,
TO LUNAR INDUSTRIAL AND ELECTRICAL, FOR BID PRICES LESS
THAN THE CURRENT COSTS ASSOCIATED WITH PREVIOUS
PROJECT BIDS THAT INCLUDE STREET LIGHTING. AUTHORIZING
THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND
EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS
RESOLUTION; PROVIDING FOR THE APPROPRIATION AND
ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City Manager of the City of Aventura, Florida, has, pursuant to
the various laws of the State of Florida and the Code of the City of Aventura, properly
solicited and accordingly accepted bids for BID NO. 05-02-18-2, Decorative Street Light
Supplier; and
WHEREAS, sealed bids have been submitted to and received by the City
pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and
requirements for the projecUwork as cited above; and
WHEREAS, staff has determined that Lunar Industrial and Electrical, has
submitted the lowest responsible and responsive bid for said projecUwork; and
WHEREAS, the City Commission, upon the recommendation of the City
Manager, is therefore desirous of awarding said bid/contract to said lowest responsible
and responsive bidder.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Resolution No. 2005-_
Page 2
Section 1: That bid/contract for BID NO. 05-02-18-2, Decorative Street Light
Supplier, is hereby awarded to Lunar Industrial and Electrical, Inc. for bid prices less
than the current costs associated with previous project bids that include street lighting.
Section 2: That the City Manager is hereby authorized to execute, on behalf of
the City, a contract by and between the parties embodying the terms, conditions, and
specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid
specifications, bid proposal and bid requirements, or if a City prepared contract was
part of said bid proposal, said parties shall execute said prepared contract on behalf of
the City.
Section 3: That the City Manager is hereby authorized and requested to take
all necessary and expedient action to carry out the aims of this Resolution in awarding
this bid/contract.
Section 4: This Resolution shall be 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 Jay R. Beskin
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
Resolution No. 2005-_
Page 3
PASSED AND ADOPTED this 10lh day of March, 2005.
JEFFREY M. PERLOW, MAYOR
A nEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY A nORNEY
If applicable, indicatc pricc reductions based on a minimum order of dccorativc light poles.
Provide additional sheets if necessary.
Minimum
Order of
Pole.
5
5
Description
Unit
Furnish and Deliver Single Fixture Light Pole
With Banner Alm
EA
5
Furnish and Deliver Double Fixture Light Pole
With Banner AnTIs
EA
5
Furnish and Deliver Single Fixture Light Pole
Without Banner Aim
EA
A-f j J II IDS-
DOllO\.-€'"
Furnish and Deliver ~ Fixture Light Pole
Without Balmer Alms ~
& 3Ho{
A---r~ Fo R.. ~t),+~4L
EA
~
,.. f1s # 3A"
3
Decorative Sln::et Light Supplier
City of Aventur.Bid No. 05-02-18-2
Addendum No.1
2/1 1I05
Adjusted Lump
Sum Price (Per
Pole)
$
21fo8.~
$
tlO
3 b bi.-
$
z ~ "g..~
$ a4 l,f{.GP
No1"ers.
r-.----
Qty Type Factory Catalog Number
VERTEX SINGLE HEAD ASSEMBLY, INCLUDES BANNER AR
MS,
1 FIXTURE, POLE. DISK
VERTEX SINGLE HEAD ASSEMBLY. INCLUDES
1 FIXTURE, POLE, DISK-NO BANNER ARMS
VERTEX DOUBLE HEAD ASSEMBL V. INCLUDES
2 FIXTURES, POLE. DISK
VERTEX DOUBLE HEAD ASSEMBLY, INCLUDES
2 FIXTURES. POLE. DISK-NO BANNER ARMS
1. freight allowed
2. 10-12 weeks aller release of order
3. lamps are included
4.windload calculations are included
5. subject to approval
. Lamps and fusings are not included unless otherwise stated.
- ManufaellJ,e,s' standard colors quoted unless otherwise stated.
- Pre-shipment of anchor bolls not included.
- Coocrete will be required around embedment of directly embedded poles.
Contractor to add price of concrete.
- Unloading of material is not included.
- Standard lead time for windloading calculations is 14 working days.
- Local, state, and federallates are not Included.
- Quote is FOB Factory and only valid for 30 days.
~
II
p~, 3~
2-175WATT METAL HALIDE LAMPS
HEAVY GAUGE SPUN 6061 ALUMINIUM
WITH INNER ROLLED RING
CAST 356 ALUMINIUM STRUTS WELDED
TO FITTER & TOP RING
15 3/4' DIAMETER CLEAR ACRYLIC GLOBE
PRISMATIC TYPE V REFRACTOR, SJCURED
TO FIlTER WITH STAINLESS STEEL SET SCREWS
CAST ALUMINIUM f3.ALU..ST ASSEMBLY HOUSING
2' SINGLE ARM BREAKAWAY BANNER
ARMS PER ARCHITECTURAL AREA LTG
CATALOG NO BB05-24 OR EQUAL
~
2-12" DIA x 1/4" THICK ALUM.
DISK WELDED ONE ON EACH SlOE
OF POLE
.0 -10
N
16'. 5" OIAMETER x 1/4" THICK PER
ARCHITECTURAL AREA LTG NO. 6061 T-6
OR EQUAL
:"
'"
~~._.
:"
SEE CONCRETE BASE DETAIL (NIC)
ROADWAY DOUBLE STREETLIGHT DETAIL AND POLE
NOT TO SCALE ...
NOTE:
ALL MATERIALS AND CONSTRUCTION
SHALL BE IN ACCORDANCE WITH
THE FLORIDA BUILDING CODE.
CITY OF A VENTURA
DECORATIVE STREET LIGHT SUPPLIER
BID NO. 05-02-18-2
-88-
To: Raul Naranjo
Fm:Onvia.eom Jne
09:14 02/11/05 PG 001
1-175WATT METAL
HALIDE lAAAPS
me
HEAVY GAUGE SPUN 6061 ALUfJINUf.A WITH
INNER ROLLED RING, TOP IS REMOVABLE BY
LOOSENING (3) SIS CAPTlVE BOLTS.
,
N
'"
~RIJT~ (1)
CAST 356 ALUMJNUM STRUTS WELDED TO
F"mER &: TOP RING,
,,,,"
QjffiJSEfl
15 :3/4" DlAtJETER CLEAR ACRYLIC GLOBE:
PRISMATIC lYPE 3 REFRACTOR. SECURED
TO FITTER WITH (.3) STAINLESS STEEL SET
SCREWS. REMOVABLE FOR RELAUPING
I
I!
RRFAKAWAY AANNFR AR~S
CLAMPS ONTO A 5" 0,0. POLE ADJuSTABLE
To DESIRED POSITlON.
~
CAST ALUMINU~ BALLAST ASSOJBl'r' HOUSING
WELDED TO ARIIA,
.
o
I
;"
2-12- OIA
x 1/4" THICK
ALUM. DISK
WELDED ONE
ON EACH SIDE
Of POLE.
~
SPUN ALU,lJINUM, ATIACHES WITH (3) NYLON
SCREWS.
FINISH GRADE
10
~
lliLIl
'6'. 5" x .250. ALU~INUM TU8E.
SLEEVE
CAST ALUMINU~, SLIPS INSIDE POLE. SECURES ro
POLE WITH (6) SIS SET SCREWS AND (1) SIS BOLT.
HOLE. FOR BOll MUST 8E FIELD DRILLE.D AND TAPPED
IN POLE BY OTHERS, BOLT PREVENTS lUf.lINARE FROM
WINDMlLUNG,
!l&E
ALL CASTINGS ARE A356 T -6 AlUMlNUt.I. EXTRUDED
SHAFT IS 5" 0,0. l< 0.25~ (6MM) 6061 T-6 AlUMINUM.
A 4-" )( 6" (102 )( 153M~) REINfORCED OPENING IS
PROVIDED WITH A GROUND LUG AND CAST ALUMINU~
COvER. 2 PIECE CAST A356 AlUMINUM BASE COvER.
ANCHOR BOlTS~ (4) ANCHOR BOLTS W/OOU8lE HEX
NUTS AND TWO fLAT WASHERS. HOT DIPPED GALVANIZED
STEEL (PER ARCHITECTURAL AREA LIGHTING CATALOG NO.
OB10-SR16-250, OAE.)
-"" ~":~ ,~"""
CONCRETE BASE DETAIL (NlC)
ROADWAY SINGLE STREErLlGHT DErAIL AND POLE
NOT TO SCALE
NOTE:
ALl MATERIALS AND CONSTRUCTION
SHALL BE IN ACCORDANCE WITH
THE FLORIDA SUILDING CODE,
CITY OF AVENTURA
DECORATIVE STREET LIGHT SUPPLIER
BID NO. 05-02-18-2
ADOENDUM NO,1
2-11-05
-89-
FI:Onvia.cOI Inc To: Raul Naranjo (13052781113)
09:1002/11105 EST Pg 1-
CITY OF AVENTURA DECORATIVE STREET LIGHT SUPPLIER
BID NO. 05-02-18-2
FEATURES OF CONSTRUCTION
NOTES:
1, ALL CASTINGS TO BE AJ56 ALVNINUN FOR f..<lAXIMUI>.l STRENGTH AND CORROSION
RESISTANCE. ALL FASTENERS AND OTHER HARDWARE TO BE STAINLESS STEEL,
2. PROVIDE FUllY SEALED LA~P CHAMBERS FOR LONG TERM LIGHTING PERfORMANCE.
PROVIDE. ~OLDED SILICONE C.ASKETS TO INSURE TROUBLE FREE SEALING, LENSES
TO HAVE Fuu S,uRROUND SILICONE GASKETS.
3. THE BAllAST SHALL HAVE QUICK DISCONNECTS FOR EASy fiELD REPLACE~ENTS.
ALL BALLAST'S TO BE INSTALLED AND TESTED AT THE FACTORY.
4, FIXTURES SHALL BE L1STEO WITH ETL FOR OUTDOOR. WET lOCATION USE. UL 1570
&: 1572 AND CANADIAN CSA C22,2 NO.9 IP RATING or 54.
5. FIxTURE FINISH SHALL CONSIST OF A FIVE STAGE PRETREAT~ENT REGIMEN 'MTH A
POLYMER PRIN[R SEAL, OvEN DRy OFT AND TOP COATED WITH A THERMOSET SUPER
TGrC POLYESTER PO'MlER COAT r1NI$H. THE FINISH SHALL MEET THE AAt..4A 605.2
PERFORMANCE SPECIFICATION WHICH lNClUDES PASSING A 3000 HOUR SALT SPRAY
TEST FOR CORROSION RESISTANCE.
6. COLOR TO BE MOSS GREEN, FlNJSH COAT AND COLOR TO MATCH EXISTING CITY
DECORATIVE STREET UGKrS.
7. LAMP TYPE - MH
8. SOCKET - PULSE RATED ME DruM
9. WATTAGE - 175
10. VOLTAGE - 480
11. PROVIDE ANCHOR SaLTS AND BOLT CIRCLE FOR FuTURE INSTAlLATION 8Y OTHERS.
12, DECORATIVE SlREET LIGHTS SHAll SE IN STRleT CONFORMANCE WITH EXISTING
DECORATIVE STREET LIGHTS AS PROVIDED BY ARCHITECTuRAL AREA LIGHTING,
ADDENDUM NO.1 l
2-11-05
-90-
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM:
City commiSSiO~
Eric M. Soroka, IC -
City Manager ./
TO:
BY:
Joanne Carr, AICP
Planning Director
DATE:
February 28, 2005
SUBJECT:
Request of Venaventura, LLC for
Final Plat Approval Atrium at Aventura
(03-SUB-05)
March 10, 2005 City Commission Meeting Agenda Item 1.0 b
RECOMMENDATION
It is recommended that the City Commission approve the "Atrium at Aventura"
Final Plat.
,>
THE REQUEST
The applicant, Venaventura, LLC, is requesting Final Plat approval of the subject
property with the intent of replatting its landholdings on the north side of NE 188
Street to combine four parcels into a single Tract"N for the purpose of
developing The Atrium at Aventura, an eleven story, 192 unit residential
condominium building. (See Exhibit #1 for Letter of Intent)
BACKGROUND
OWNER OF PROPERTY
LOCATION OF PROPERTY
Venaventura, LLC
3131 and 3161 NE 188 Street
(See Exhibit #2 for Location Map)
SIZE OF PROPERTY
Approximately 4.31 gross acres
LEGAL DESCRIPTION
A portion of the south Yo of Section 3,
Township 52 South, Range 42 East, and a
Replat of a portion of Tract N of Marina Del
Rey Revised according to the plat thereof,
recorded in Plat Book 144 at Page 89, City of
Aventura, Miami-Dade County, Florida (See
Exhibit #3 for full legal description)
DESCRIPTION
The applicant proposes to replat a portion of the South Yo of Section 3, Township
52 South, Range 42 East and a portion of Tract N of Marina Del Rey Revised
according to the plat thereof recorded in Plat Book 144 at Page 89 located on the
north side of N. E. 188 Street to the east of the intersection of N. E. 188 Street and
N.E. 29 Avenue. The property has Site Plan Approval to develop a 192 unit multi-
family condominium building to be known as The Atrium at Aventura.
The applicant, Venaventura, LLC owned three parcels in the South Yo of Section
3, Township 52 South, Range 42 East and has acquired additional submerged
lands in Tract N. This final plat is platting the four parcels (including the newly
acquired land) as a single Tract A.
On August 5, 2004, the City approved the tentative plat for this site. The
tentative plat was approved, with standard conditions, by Miami-Dade County on
November 24, 2004.
ANALYSIS
Site Plan - The final plat submitted for approval conforms with the approved
tentative plat.
Zoning. The site is zoned RMF3B, Multi-Family Medium Density Residential
District, according to the City of Aventura Zoning Map. The proposed
condominium building is in compliance with the RMF3B district.
Future Land Use Designation - The adopted City of Aventura Comprehensive
Plan designates the site as Medium-High Density Residential. The proposed
condominium building is in compliance with this land use designation.
Access -
The site may be accessed from the public road, N.E. 188 Street.
2
\:Ct::\\h..\.)
Greenberg
Traurig
COMMUN!TI Df'A:LOPMEN!
Clifford A. Schulman
(305) 579.0613
Direct Fax: (305) 961.5613
E~Mail: schulmanC@gtlaw.com
January 6, 2005
Ms. Joanne Carr
Planning Director
City of Aventura
Community Development Department
19200 West Country Club Drive
Aventura, Florida 33180
03 .sur3. 05
Re: Atrium at Aventura I Application for Final Plat Approval
Dear Ms. Carr:
On behalf of Venaventura, LLC, ("Venaventura"), I respectfully submit the enclosed
Application for Final Plat Approval. V enaventura proposes to develop the "Atrium at A ventura"
an eleven story 192 unit residential condominium building with accompanying amenities
including a pool, recreational deck, and a public baywalk. The site plan for the Atrium at
Aventura was approved by the Aventura City Commission on December 9, 2003. The Atrium at
Aventura is consistent with the intent and regulations of the City's Comprehensive Plan and
Land Development Regulations. The Atrium at Aventura will be a significant public benefit to
the City in that it will provide increased property tax revenue and housing supply while
improving the aesthetic appearance of the City. We respectfully request your favorable
consideration of this application. If you have any questions, please call me at 305-579-0613.
Thank you for your attention to this matter.
Sincerely,
~~-~
r- Clifford A. Schulman
EXHIBIT #1
03.SUB-05
CreenbergTraurig, P."", I Attorneys at law 11221 BrideU Avenue I Miami. FL 331311 Tel 305.579.0500 1 Fax 305.579.07171 www.gtlaw,com
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207 ST.
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EXHIBIT #2
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Roadways
Clly Boundaly
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RaIlroad
PARCEL I:
COMMENCE al the eenler of Seelion J, Township 52 Souih, Range 42 Eas~ Miami-Dade County,
Florida then run North 89 degrees 50 minutes 55 seconds West along the North line of the SW 1/4 of
said Section 3 for a distance of670.26 feet to the NW comer of the E Y, of the NE 1/4 of the SW 1/4 of
said Section 3; thence run South 0 degrees 39 minutes 25 seconds East along the West line of the East
y, of the NE 1/4 of the SW 1/4 of saId Section 3 for a distance of 1107.11 feet to a point; thence run
North 89 degrees 20 minutes 35 seconds East for a distance of 1124.75 feet to a point; thence run
North 0 degrees 39 minutes 25 seconds West for a distance of35.00 feet to the Point of Beginning to
the tract of land and water herein described; thence continue North 0 degrees 39 minutes 25 seconds
West for a distance of318.75 feet to the center line of a canal; thence run South 89 degrees 56 minutes
45 seconds East alon& the center line of said canal for a distance of 170.71 feet to a point; thence run
South 0 degrees 39 minutes 25 seconds East for a distance 0016.634 feet to a point; thence run South
89 degrees 20 minutes 35 seconds West for a distance of 170.70 feet to the Point of Beginning.
PARCELZ:
The East 100.0 feet of the West 270.70 feet of the following described property:
BEGIN at the center of Section 3, Township 52 South, Range 42 East, Miami-Dade County, Florida;
thence run North 89 degrees 50 minutes 55 seconds West 670.26 feet to the NW corner of the E Y, of
the NE 1/4 of the SW 1/4 of said Section 3; thence run South 0 degrees 39 minutes 25 Seconds East
along the West line of the East Y, of the NE 1/4 of the SW 1/4 of said Section 3 for a distance of
1107.11 feet to a point; thence North 89 degrees 20 minutes 35 seconds East along a line for a distance
of 1124.75 feet to a point; thence North 0 degrees 39 minutes 25 seconds West for a distance 005 feet
to the Point of Beginning; thence continue North 0 degrees 39 minutes 25 seconds West for a distance
of 318.75 feet to a point on the center line of a canal; thence run South 89 degrees 56 minutes 45
seconds East along the center line of a canal for a distance of 691.55 feet to a point; thence run South 0
degrees 39 minutes 25 seconds East for a distance of 310.18 feet to a pOint; thence run South 89
degrees 20 minutes 35 seconds West for a distance of69\.50 feet to the Point of Beginning.
PARCEL}:
The East 20\.55 feet of the West 472.25 feet of the following described property:
BEGIN at the center of Section 3, Township 52 South, Range 42 East, Miami-Dade County, Florida;
thence run North 89 degrees 50 minutes 55 seconds West 670.26 feet to the NW corner of the E V, of
the NE 1/4 of the SW 1/4 of said Section 3; thence run South 0 degrees 39 minutes 25 seconds East
along the West line of the East V. of the NE 1/4 of the SW 1/4 of said Section 3 for a distance of
1107.11 feet to a point; thence run North 89 degrees 20 minutes 35 seconds East along a line for a
distance of 1124.75 feet to a point; thence North 0 degrees 39 minutes 25 seconds West for a distance
005 feet to the Point of Beginning; thence continue North 0 degrees 39 minutes 25 seconds West for a
distance 0018.75 feet to a point on the center line ofa canal; thence run South 89 degrees 56 minutes
45 seconds East alon& the center line of a canal for a distance of 69\.55 feet to a point; thence run
South 0 degrees 39 minutes 25 seconds East for a distance 0010.18 feet to a point; thence run South
89 degrees 20 minutes 35 seconds West for a distance of691.50 feet to the Point of Beginning.
PARCEL 4:
A portion of Tract N of MARINA DEL REY REVISED, according to the Plat thereof, as recorded in
Plat Book 144, at Page 89, of the Public Records of Miami-Dade County, Florida and being more
particularly described as follows:
Commence at the Northwest corner of said Tract N; thence South 02"24'12" East along the West line of
said Tract N for 326.46 feet; thence North 87"30'00" East alon& the South line of said Tract N for
211.62 feet; thence South 02030'00" East along the West line of saId Tract N for 62.50 feet to the most
Southerly Southwest comer of said Tract N; thence North 87030'00" East along the South line of said
Tract N for 625.78 feet, to the Point of Beginning of the hereinafter described submerged parcel'
thence North 03011'40" West for 87.37 feet; llience North 87"30'00" East along a line parallel WIth and
87.36 feet North of said South line of Tract N for 266.05 feet; thence South 02030'00" East for 11.20
feet; thence North 87"30'00. East along a line parallel with and 76.16 feet north of said South line of
Tract N for 204.23 feet; thence South 02030'00. East for 76.16 feet to a point on said South line of
Tract N; thence South 87"30'00. West along said South line of Tract N for 469.22 feet to the Point of
Beginning.
1:\wark'CONDO\Abium\OpinionTide3.wpd
EXHIBIT #3
03.SUB.QS
Feb 18 Ob 04:23p
p,2
RECEIVt:O
:OMMWlllr\,' I)fVn '
L ~ r:: ,_ dIJMENT
WAIVER OF RIGHT TO QUASI UDICIAL HEARING
Plat Application Number
Date ~~ 2l,~
I, S.A.M' ~tlZO , as authorized agent
for or owner of the property which is t e subject of the above plat
application, hereby waive my right to a q asi-judicial hearing before the
Aventura City Commission when the ap lication is heard by the City.
Commission. I understand and agree th by waiving this right, the City
Commission may place the plat applicati n on its consent agenda and
thereby consider the application without a p blic hearing. I also understand
and agree that upon request by a memb r of the Commission, the City
Manager, any member of the public in ttendance at the CommissIon
meeting where it will be heard, the appli tion may be removed from the
consent agenda and be heard as a sepa te item and subject to a public
hearing. In that case, I understand that I will have the right to be heard
when the application item is discussed, 'th the hearing subject to the
quasi-judicial procedures established in hapter 34, Article II, "Quasi-
Judicial Matters" of the City Code. .
Name f Autho z gent or Owner
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APPLICANT REPRESENTATIVE AFFIDAVIT
PursuantlD Section 31.71 (bX2Xi) of !he City of Aventura Land Development Code. !his Applicant Representative Affidavit is hereby made and
submitted. The undetslgned authoriZed representative of Ihe individual '" entity applying for Ihe Development Permit. which is identified in the acccmpanying
applicatioo. and the owner of the property subject to the appIicalioo (W different) hereby lists and identifies all persons representing the individual", entity
applying for the Development Permll in connection wilh the applicatiOn. as follows:
Name
Relationship (i.e. Anomeys. Architects. Landscape
Architects. Engineo". Lobbyists. Ete.)
Clifford A. Schulman. ESQ.
Attornev
Mario J. Garcia-Serra. ESQ.
Albert Toussaint
Attornev
Survevor
Daniel C. Fortin. Jr.
EnQineer
Gary Korn. ESQ.
Attornev
(Attach Additional Sheets ff Necessafy)
NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON USTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT
SHALl BE BINDING UPON THE INDMDUAl 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. 3f.7f{B)(2)(IYJ OF THE CITY'S LAND DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT
THAT PRIOR TO CONSIDERATION OF THE APPlICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION
PROVIDED IN THE AFFIDAVIT BECOMES INCORRECT OR INCOMPLETE.
WITNESS MY HAND THIS ~ DAYOF ~'( .2007.
ICANT:
OWNER
By:
By:
(Signature
Name: Wallace Devlin
(Print)
Tille: Manaoino Shareholder. Venaventura llC
Name:
(Signature)
(Print)
Tille:
Address: 2846 NE 187" Street
Address:
Aventura. Florida 33180
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me Ille undersigned aulhority peISOI1ally appeared "-(I'-I J AA=' 'De>J\,..lI'J as Ille aullloriZed representative of Ille
ApprlC8l1t and/or Ille owner of the property subject to Ille application, who being first by me duly sworn, did
executed Illis Atlidavil for Ille purposes stated Illerein and that it is true and correct. X
AFFIANT
SWORN TO AND SUBSCRIBED BEFORE ME this" day of ~~. 20($.
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Notary Public State Frida At large
PrintedNam~ofNotary~1 ~
My commission expmlS !'it
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~ ';.I "-.-. 18. 200e
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BUSINESS RELATIONSHIP AFFIDAVIT*
This Aflidam Is made pursuontlO Section 31-71(bX2Xil} oIlhe City of Mentum Land Development Code. The undersigned Affiant hereby discloses that:
(mark with 'x' applicable portions only)
[XI 1. Affiant does no! have a Business Relationship with any member of the City Commission 01 any City Advisory Boan:J 10 whid1
the applieation will be presented.
I ] 2. Affiant hereby discloses that ij does have a Business Relationship with a member of the Cily Commission or a City Advisory
Boar1l 10 whid1lhe application will be presenled, as follows:
(Lisl name of Commissioner 01 Advisory Boar1l Member) who selVes on Ihe
(Lisl Cijy Commission 01 City Advisory Boatd upon whid1 member serves).
The nature of the Business ReI'lionship is as follows'
(I i. Member 01 CIty CommisSion 01 Boan:J holds an owneIShlp interest in excess of 1% of to1aI assets 01 capital stock
of Applicant 01 Represenlative;
I J ii. Member of CIty Commission or Boan:J is a partner. co-shareholder (as 10 shares of a corporation which are no!
listed on any national 01 regional stock exchange) 01 joint venturer with the Applicant 01 Representative in any
business >entufe;
II Iii. The Applicant 01 Representalive is a Client a a member of the CIty Commission 01 Boanl 01 a Client a another
professional working from the same office 01 fOlthe same employer as the member a the City Commission or
Boanl;
[) Iv. A City Commissioner or Boanl member is a Cflet1t of the AppIicanl 01 Representative;
[J v. The Applicant 01 Representative is , Customer of the member of the City Commission 01 Board (or of his 01 her
employer) and transacts more than $10.000.00 of the business of the member of the City Commission or Boanl (01
his 01 her employer) in a given calendar year;
II vi. The member of the City Commission 01 Boatd is a Customer of the Applicant or Representative and lransacts
more lhan $25.000.00 of the business of lhe Applicant or Represenlative In a given caienda- year.
WITNESS MY HAND THIS _ DAY OF
200_.
APPLICANT:
By:
Name:
Trtte:
(Signature)
/Print)
(Print)
WITNESS MY HAND THIS _ DAY OF
200_.
PR~~. : /kIZ'
By: )(
Name: (\..\ \ IL{A '. \I' IV'I
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'The tenns 'Business RelaJlonship,' 'CfI6lfi.' 'Customer.' 'Applicant,' 'Representative' 8J1d 'Interested Person' are denned in
Section 2-395 of the Aventura CIty Code,
WITNESS MY HAND THIS DAY OF .200_.
~
Business Relationship Affidavit)
By: (Signature) By: (Signature
Name: Clifford A. Schulman (Print) Name: (Print)
Title: Attornev (Print) Title: (Print)
By: (Signature) By: (Signature
Name: Mario J. Garcia-Serra (Print) Name: (Print)
Title: Attomev (Print) Title: (Print)
By: (Signature) By: (Signature
Name: Daniel C. Fortin. Jr. (Print) Name: (Print)
Title: Enoineer (Print) Title: (Print)
By: (Signature) By: (Signature
Title: Albert Toussaint (Print) Titie: (Print)
Title: Survevor (Print) Title: (Print)
By: (Signature) By: (Signature
Title: Garv Kom (Print) Title: (Print)
Title: Attomev (Print) Title: (Print)
By: (Signature) By: (Signature
Title: (Print) Title: (Print)
Title: (Print) Title: (Print)
NOTE: 1) Use duplicate sheets If disclosure Information for Representative vartes
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 3 1-7 I (b)(2)(iv) of
the City's Land Development Regulations in the City Code, in the event that prior to consideration of the
application by the City Board or Commission, the information provided in the Affidavit becomes incorrect or
incomplete.
WITNESS MY HAND THIS DAY OF ,200__
REPRESENTATIVE: (Listed on Business Relationship Affidavit)
By: (Signature) By: (Signature
Name: Clifford A. Schulman (Print) Name: (Print)
Tme: Attornev (Print) Title: (Print)
By: ~~d.f~gnature) By: (Signature
Name: Mario J. Garcia-Serra (Print) Name: (Print)
Title: Attornev (Print) Title: (Print)
By: (Signature) By: (Signature
Name: Daniel C. Fortin. Jr. (Print) Name: (Print)
Tme: EnQineer (Print) Title: (Print)
By: (Signature) By: (Signature
Title: Albert Toussaint (Print) Title: (Print)
Title: Surveyor (Print) Title: (Print)
By: (Signature) By: (Signature
Title: Garv Korn (Print) Title: (Print)
Title: Attomev (Print) Title: (Print)
By: (Signature) By: (Signature
Title: (Print) Title: (Print)
Title: (Print) Title: (Print)
NOTE: 1) Use duplicate sheets If disclosure Information for Representative varies
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuant to Sec. 31-71(bX2)(iv) of
the City's Land Development Regulations in the City Code. in the event that prior to consideration of the
application hy the City Board or Commission, the information provided in the Affidavit becomes incorrect or
incomplete.
WITNESS MY HAND THIS DAY OF
.200..
REPRESENTATIVE: (Listed on Business RelationstJip i>;ffld~vjtl
By:__. _____-ISignature)
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(Signature
Name: Clifford A. Schulman
(Print)
(Print)
_____(Print)
Title: Attorney
Title:
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By:L_.....::::.:.:.L.~ :.o(Signature}
By:_____(Signature
Name: Mario J. Garcia.Serra
(Print)
Name:___.__._(Print}
Title: Attorney (Print) Title:
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(Print)
(Signature
Name: Daniel C. Fortin. Jr.
Title: liRei"'", ~WK. VOl-
(Print)
(Print)
Title.
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(Print)
By:
(Signature)
(Print)
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(Signature
Title: Albert Toussaint
Title: Surveyor
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(Print)
(Print)
By:
(Signature)
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(Signature
Title: Garv Kom
(Print)
._(Print)
Title: Attorney
(Print)
Title:
(Print)
By:
____(Signature)
By:
(Signature
Title:____(Print)
Title:
Title:
(Print)
Title:
(Print)
_(Print)
NOTE: 1) Use duplicate sheets If disclosure Information for Representative varies
2) Applicants and Affiants are advised to timely supplement this Affidavit pursuanlto Sec. 3 1-7 I (bX2)(iv) of
the City's Land Development Rcgulations in the City Code. in the event that prior to consideration of the
application by the City Board or Commission, the infonnation provided in the Affidavit becomes incorrect or
incomplete.
WITNESS MY HAND THIS _ DAY OF _ _ _.200._
REPRESENTATIVE: (Lisled on Business Relation::-' ,.,:,a"::
By:_
__ (Signature)
_ _ _ _ (Signature
Name: Clifford A Schulman
(Print)
_ _ __(Print)
Title: Attornev
(Print)
Title:______(Print)
j
By:_
_ .(Signature)
By:_ _ __ _ (Signature
Name: Mario J. Garcia.Serra
(Print)
Name:_ __ ___(Print)
Title: Atlornev
(Print)
Title:
u____{Print}
By:_ ___(Signature)
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(Signature
Name: Daniel C. Fortin. Jr.
(Print)
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.-., ~.~.
(Print)
Title: Enolneer (Print)
BYt2lJi.;Z ~nature)
1;110- .(Print)
(Print)
:c (Ii"
E ","" (Signature
'u '"
"v
l", ~ _____lPrint)
Title: Albert Toussaint
Title: Survevor
(Print)
TiIlp.'
(Print)
By:__. _ __ _ _(Signature)
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(Signature
Hie: AUarnev
(Print)
(Print)
(Print)
Title: Garv Korn
Title:
(Print)
By:_
(Signature)
By:
(Signature
TiOe:_~__(Print)
TiOe-
._(Print)
Title:
(Print)
(Print)
TiOe:
NOTE: 1) Use duplicate sheets if disclosure Infonnatlon for Representative varies
2) Applicanls and Affiants are advised to limely supplement this Affidavit pursuant 10 Sec_ 31-71(b)(2)(iv) or
Ihe 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 infonnation provided in the Affidavit becomes incorrect or
incomplete.
WITNESS MY HAND THIS _ DAY OF
,20<L
REPRESENTATIVE: (Usted on Business RelaUomi/j;i! iIfttd~Vttl: : : : : : :
By: (Signature) : :~~i(/ : : : : : ::: B
".. .,.,. ,',
Name: Clifford A. Schulman (Print): : ::: :< : : : : : : : ::: N
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(Print)
Tide: Attornev fPrint)
By: ~~.fi':!::!/Signature)
Name: Mario J, Garcia-Serra
(Print)
TIde: Attornev
(Print)
By:
(Signature)
(Print)
(Print)
Name: Daniel C. Fortin. Jr.
Title: Enaineer
By:
(Signature)
TIlle: Albert T oussain!
(Print)
:zwr
TIlle: Gary Kom
(Print)
(Signature)
(Print)
(Print)
TIlle: Attomev
By:
(Signature)
(Print)
(Print)
Title:
Trtle:
(Signature
TIde:
(Print)
By:
(Signature
Name:
(Print)
Print)
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(Print)
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Tide:
NOTE: 1) Use duplicate sheets If disclosure Information for Representative varies
2) Applicants and Affiants are advised to timely supplement this Affidavit pun;uant to Sec. 3 1-71 (bX2Xiv) 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 infonnation provided in the Affidavit becomes incorrect or
incomplete.
NOT ARIZA TlON PROVISION
STATE OF FLORIDA )
COUNlY OF MIAMI-OADE)
- 1.-. rr - ::,.e< elk.
Before me, the undersigned authority, personally appeared \..tt./\ 0: '1....... ....~ fl- the Affiant, who being first by me duly sworn, did swear or affinn that
helshe executed 1l1~ Affidavit for1I1e purposes stated therein and 1l1at. ~ true and cooecl ~ ~:f~
AFFIANT
SWORN TO AND SUBSCRIBED before me Ih~ ~ day Of~. 2O(f.f
IAL NOTARY SEAL
SOLR GONZALEZ
uc Sf ATE OF FlORIDA
SSION NO. 00148882
ISSION EXP. SEPr 17
Printed Name of Notary
My commission expires:
STATE OF FLORIDA )
COUNlY OF MIAMI-OADE)
Before me, the undersigned authority. pelllOlllllly appearedCl.f\o.-d-- ~c).u..l'"":ii.Aff"'"t who being fimt by me duly sworn. did swear or affinn that
helshe executed 1l1~ Affidav~ for the purposes stated therein and that ~ ~ true and OOrrecL
AFFIANT
SWORN TO AND SUBSCRIBED before me 1l1~ _ day of
200_.
Notary Publ~ State of Florida At Large
Printed Name of Notary
My commission expires:
STATE OF FLORIDA )
COUNlY OF MIAMI-DADE) .
- r- rl"' II'
Before me. the undersigned authority. personally appeared D~"" ~ \ c.. \-V the Affiant who being first by me duly sworn. did swear or affinn that
he/she executed 1l1~ Affidavit for 1l1e pUljlOses stated therein and that ~ ~ true and oorrect.
AFFIANT
SWORN TO AND SUBSCRIBED before me 1l1~ _ day of
200_.
Notary Publie State of Florida At Large
Printed Name of Notary
My commission expires:
STATE OF FLORIDA )
COUNlY OF MIAMI-OADE)
Before me. 1l1e undersigned authority. pelllOlllllly appeared f:;J. -r ou.S~L t\{
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SWORN TO AND SUBSCRIBED before me 1l1~ _ day of
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NOTARIZATION PROVISION
STATE Of FLORIDA )
COUNTY OF MIAMI-DADE)
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STATE OF FLORIDA )
COUNTY OF MIAMI-OADE)
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COUNTY Of MIAMI-DAOE)
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COUNTY Of MIAMI-llAIlE) .
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COUNTY Of MIAM1-OADE)
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SWORN TO AND SUBSCRIBED before me this _ day of
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COUNTY Of MIAMI-DAOE)
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AFFIANT
SWORN TO AND SUBSCRIBED before me this _ day of
200_.
Notary Public Stale ofFIoride At l.alve
Printed Name of Notary
My COlMlIssion expQ"es:
NOTARIZATION PROVISION
STATE Of FLORIDA )
COUNTY OF M1AMI-OAllE)
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he/She executed this Affidavit lor the purposes stated lhefeln and that it is Irve and
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COUNTY Of MIAM~ADEI
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AFFIANT
SWORN TO AND SUBSCRIBED before me Illis _ day of
200_,
Notary Pubic S1a1e of Fklrida At Larse
P_ Name ofNolary
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STATE Of FLORIDA )
COUNTY Of MIAMI-DADE)
Before me. 1l1e undelSigned aull1orily. _By appeared
heIshe execuIed Ihis AIIidavil tor 1l1e purposes staled Ihereln end that ff is lnle end corred.
1110 AfIianl. who being Iilsl by me d\JIy ...... did swear or ollim that
SWORN TO AND SUBSCRIBED before me 11115 _ day 01
AFFIANT
200_,
Notary PubIie Sla1e of fIorida At Larse
Printed Name of NoIary
My-expires:
RESOLUTION NO, 2005-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING ATRIUM AT
AVENTURA, BEING A PORTION THE SOUTH % OF
SECTION 3 TOWNSHIP 52 SOUTH, RANGE 42 EAST,
AND A REPLAT OF A PORTION OF TRACT N OF
MARINA DEL REY REVISED ACCORDING TO THE PLAT
THEREOF, RECORDED IN PLAT BOOK 144 AT PAGE 89,
CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the applicant, Venaventura, LLC by and through Application No. 03-
SUB-05, has requested Final Plat approval for Atrium at Aventura, being a portion of
the South Y:z of Section 3, Township 52 South, Range 42 East, and a Portion of Tract N
of Marina Del Rey revised according to the plat thereof, recorded in Plat Book 144,
Page 89, City of Aventura, Miami-Dade County, Florida, the Final Plat being
incorporated herein by reference and made a part of this Resolution as Exhibit #1 ; and
WHEREAS, the City Commission heard, reviewed and duly considered the
reports, findings and recommendations of the City Administration, and finds that the
Final Plat approval is in the best interests of the citizens of the City of Aventura.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The Final Plat approval for Atrium at Aventura, more particularly
described as:
Resolution No.
Page 2
A portion of the South Yo of Section 3, Township 52 South, Range 42
East, and a Replat of a portion of Tract N of Marina Del Rey Revised
according to Plat Book 144 at Page 89, City of Aventura, Miami-Dade
County, Florida more particularly described in Exhibit #2 to this resolution.
Is hereby granted to the Applicant.
Section 2. The City Manager and City Clerk are hereby authorized to sign the
face of the Plat.
Section 3. This Resolution shall be recorded in the Public Records of Miami-
Dade County, Florida, with the petitioner to pay the costs thereof.
Section 4. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
, who
moved its adoption.
The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
Resolution No.
Page 3
ATTEST:
PASSED AND ADOPTED this 10th day of March, 2005,
Jeffrey M. Perlow, Mayor
Teresa M. Soroka, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this
,2005.
CITY CLERK
day of
Exhibit #2 to Resolution No. 2005-
PARCEL I:
COMMENCE at the center of Section 3, Township 52 South, Range 42 East, Miami-Dade County
Florida then run North 89 degrees 50 minutes 55 seconds West alone the North line of the SW 1/4 of
said Section 3 for a distance of670.26 feet to the NW comer of the EY, of the NE 1/4 of the SW 1/4 of
said Section 3; thence run South 0 degrees 39 minutes 25 seconds East along the West line of the East
y, of the NE 1/4 of the SW 1/4 of saId Section 3 for a distance of 1107.11 feet to a point; thence run
North 89 degrees 20 minutes 35 seconds East for a distance of 1124.75 feet to a point; thence run
North 0 degrees 39 minutes 25 seconds West for a distance of 35.00 feet to the Point of Beginning to
the tract of land and water herein described; thence continue North 0 degrees 39 minutes 25 seconds
West for a distance of318.75 feet to the center line ofa canal; thence run South 89 degrees 56 minutes
45 seconds Eastalon~ the center line of said canal for a distance of 170.71 feet to a point; thence run
South 0 degrees 39 minutes 25 seconds East for a distance of316.634 feet to a point; thence run South
89 degrees 20 minutes 35 seconds West for a distance of 170.70 feet to the Point of Beginning.
PARCEL 2:
The East 100.0 feet of the West 270.70 feet of the following described property:
BECiIN at the center of Section 3, Township 52 South, Range 42 East, Miami-Dade County, Florida;
thence run North 89 degrees 50 minutes 55 seconds West 670.26 feet to the NW comer of the E Y, of
the NE 1/4 of the SW 1/4 of said Section 3; thence run South 0 degrees 39 minutes 25 Seconds East
along the West line of the East y, of the NE 1/4 of the SW 1/4 of said Section 3 for a distance of
1107.11 feet to a point; thence North 89 degrees 20 minutes 35 seconds East along a line for a distance
of 1124.75 feet to a point; thence North 0 degrees 39 minutes 25 seconds West for a distance of35 feet
to the Point of Beginning; thence continue North 0 degrees 39 minutes 25 seconds West for a distance
of 318.75 feet to a point on the center line of a canal; thence run South 89 degrees 56 minutes 45
seconds East along the center line ofa canal for a distance of691.55 feet to a point; thence run South 0
degrees 39 minutes 25 seconds East for a distance of 310.18 feet to a pOint; thence run South 89
degrees 20 minutes 35 seconds West for a distance of 69 \.50 feet to the Point of Be ginning.
PARCEL 3:
The East 201.55 feet of the West 472.25 feet of the following described property:
BEGIN at the center of Section 3, Township 52 South, Range 42 East, Miami-Dade County, Florida;
thence run North 89 degrees 50 minutes 55 seconds West 670.26 feet to the NW comer of the E Y, of
the NE 1/4 of the SW 1/4 of said Section 3; thence run South 0 degrees 39 minutes 25 seconds East
along the West line of the East Y, of the NE 1/4 of the SW 1/4 of said Section 3 for a distance of
1107.11 feet to a point; thence run North 89 degrees 20 minutes 35 seconds East along a line for a
distance of 1124.75 feet to a point; thence North 0 degrees 39 minutes 25 seconds West for a distance
of35 feetto the Point of Beginning; thence continue North 0 degrees 39 minutes 25 seconds West for a
distance of318.75 feet to a point on the center line ofa canal; thence run South 89 degrees 56 minutes
45 seconds East alon~ the center line of a canal for a distance of 691.55 feet to a point; thenee run
South 0 degrees 39 mlnules 25 seconds East for a distance of310.18 feet to a point; thence run South
89 degrees 20 minutes 35 seconds West for a distance of69\.50 feet to the Point of Beginning.
PARCEL 4:
A portion of Tract N of MARINA DEL REY REVISED, according to the Plat thereof, as recorded in
Plat Book 144, at Page 89, of the Public Records of Miami-Dade County, Florida and being more
particularly described as follows:
Commence at the Northwest comer ofsaid Tract N; thence South 02"24'12" East along the West line of
said Tract N for 326.46 feet; thence North 87"30'00" East alon& the South line of said Tract N for
211.62 feet; thence South 02030'00" East along the West line of saId Tract N for 62.50 feet to the most
Southerly Southwest comer of said Tract N; thence North 87030'00" East along the South line of said
Tract N for 625.78 feet, to the Point of Beginning of the hereinafter described submerged parcel;
thence North 03011'40. West for 87.37 feet; thence North 87"30'00" East along a line parallel WIth and
87.36 feet North of said South line of Tract N for 266.05 feet; thence South 02030'00. East for 11.20
feet; thence North 87"30'00. East along a line parallel with and 76.16 feet north of said South line of
Tract N for 204.23 feet; thence South 02030'00. East for 76.16 feet to a point on said South line of
Tract N; thence South 87030'00. West along said South line of Tract N for 469.22 feet to the Point of
Beginning.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT: Recommendation to Pursue Eminent Domain Proceedings to Acquire
the Proposed Waterways Park Site
March 10, 2005 City Commission Meeting Agenda Item M
Recommendation
It is recommended that the City Commission take the necessary steps to initiate
eminent domain proceedings and declare said action to be a public purpose to acquire
the proposed Waterways Park site.
Backaround
In 2004 the City entered into a Purchase and Sale Agreement with Gulfstream to
acquire six acres for the Waterways Park project. The purchase price was $3,800,000
and the Agreement contained several conditions. The City has deposited the down
payment of $380,000 with the escrow agent. The City would take the parcel in an "as is
- where is" condition and would be responsible for any environmental cleanup and
liability. Gulfstream would contribute up to $1,000,000 toward the cleanup work.
As a condition to closing, Gulfstream shall have obtained from the City zoning approval
to extend the MO zoning and conditional use approval for the parcels zoned medical
office for residential uses which do not exceed twenty (20) stories in height and 35
dwelling units an acre. As you are aware, after numerous requests by the City,
Gulfstream has not filed for a conditional use approval which has delayed the closing.
On February 10, 2005, I issued a letter to Gulfstream indicating that the City would
terminate the Agreement if the conditions were not met in seven days.
On February 14, 2005 I met with Scott Savin from Gulfsteam to discuss the park land
situation and the DR!. Based on the fact that Gulfstream is not ready to submit the
conditional use approval because they "do not know at this point what they want to do
on the property", they understand that the City would likely move forward on eminent
domain proceedings. He made it clear that it would be non-adversarial litigation and
hoped that they could still settle the issue in the future.
On February 18, 2005, I received another request from Gulfstream to extend the
deadline to May 31, 2005. I replied to them on February 2, 2005, indicating that we
would consider resolving the matter if they closed by March 10, 2005 and that the
zoning approval condition be deleted. I have not heard back from them at this time.
Based on the foregoing, in order to expedite the acquisition of the park site, it is
recommended that the City begin the eminent domain process by taking the following
action:
. Issue required thirty day notice that the City intends to pursue quick take eminent
domain proceedings. The letter would include the City's offer of $3,800,000 with
$1,000,000 to be held in escrow to offset environmental cleanup costs for the
site. The opportunity to apply for conditional use approval will not be included.
. Approve the attached Resolution authorizing the City Attorney and City Manager
to initiate quick take eminent domain proceedings and declaring said action to be
a public purpose to acquire the proposed Waterways Park site.
If you have any questions, please feel free to contact me.
RESOLUTION NO, 2005-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, FINDING THAT THE
ACQUISITION OF PRIVATE PROPERTY SERVES A
MUNICIPAL PURPOSE AND IS NECESSARY FOR
DEVELOPMENT AND EXPANSION OF THE CITY'S
PARK SYSTEM AND IMPROVEMENTS TO
RECREATIONAL FACILITIES; AUTHORIZING THE
CITY ATTORNEY TO INITIATE EMINENT DOMAIN
PROCEEDINGS; AUTHORIZING THE CITY ATTORNEY
TO RETAIN EXPERT WITNESSES AND CONSULTANTS
AND TAKE FURTHER ACTIONS THAT ARE
REASONABLY REQUIRED TO ACQUIRE THE PRIVATE
PROPERTY DESCRIBED IN EXHIBIT "A"; AND
PROVIDING FOR AN EFFECTIVE DATE,
WHEREAS, the City is committed to developing accessible parks and outstanding
recreational facilities that provide residents of all ages with a variety of recreational opportunities to
enhance their quality of life and physical well-being; and
WHEREAS, the City analyzes on an arumal basis its long-range capital needs, including
evaluation of proposed projects for development and expansion of the City's park system and
improvements to recreational facilities; and
WHEREAS, the City Commission on June I, 2004 adopted the current Capital
Improvement Program ("CIP") for the five-year period beginning October 1, 2004 to develop a
long-range plan of proposed capital improvements, Ihe means and methods of financing such
capital improvements, and a schedule of priorities for implementation; and
WHEREAS, the CIP includes the planned expansion of Waterways Park from 1 acre to
approximately 7 acres, thereby providing residents with a new baseball/softball field,
football/soccer field, playground, jogging path, recreation building, and additional parking; and
Resolution No. 2005-_
Page 2
WHEREAS, the City Commission finds that the property described herein ("subject
parcel") is the most appropriate location for expansion of Waterways Park and that acquisition of
the subject parcel in fee simple serves a municipal purpose and is necessary for development and
expansion of the City's park system and improvemenls to recreational facilities; and
WHEREAS, the City Commission, through the public process of meetings and workshops,
has carefully considered all factors relevant to acquisition and has allocated funds for acquisition
and development of the subject parcel; and
WHEREAS, the City Commission finds that it is necessary to take legal action and
employ legal counsel, real estate appraisers, engineers, title examiners, and other expert
witnesses and consultants in connection with eminent domain proceedings; and
WHEREAS, the City Commission is authorized by Sections 166.401 and 166.411,
Florida Statutes, to exercise the right and power of eminent domain for a municipal purpose.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA:
Section I.
That each of the above-stated recitals is hereby adopted and confirmed.
Section 2,
It is hereby declared that it is necessary to acquire, through eminent
domain or negotiated conveyance, fee simple title to the subject parcel, described in Exhibit "A"
attached hereto, for expansion of Waterways Park. It is further declared that acquisition of the
subject parcel serves a municipal purpose and is necessary for development and expansion of the
City's park system and improvements to recreational facilities.
2
Resolution No. 2005-_
Page 3
Section 3,
The City Attorney and all others acting on his behalf are authorized to
initiate eminent domain proceedings pursuant to Florida Statute Chapters 73, 74, and 166 and to
file petitions, pleadings, affidavits, declarations of taking, and all other documents authorized by
Florida Statute or rule of court to accomplish the acquisition described herein.
Section 4,
The City Manager and City Attorney and all others acting on their behalf
are authorized to contract with real estate appraisers, engineers, title examiners, and other expert
witnesses and consultants in connection with eminent domain proceedings.
Section 5,
The City Manager and City Attorney and all others acting on their behalf
are authorized to take such further actions as are reasonably required to fully accomplish the
purposes hereinabove directed.
Section 6.
This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by
who moved
its adoption. This motion was seconded by
and upon being put to
a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
3
Resolution No. 2005-_
Page 4
PASSED AND ADOPTED this 10th day of March, 2005.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
CITY ATTORNEY
4
Resolution No. 2005-_
Page 5
EXHIBIT "A"
PARCEL 1:
Portions of Tract A and Tract B, DONN Acres, according to the plat thereof as recorded in Plat
Book 76, Page 30 of the Public Records of Miami-Dade County, Florida, being more particularly
described as follows:
COMMENCE at the Northeast comer of said Tract B and the Northeast comer of Section 34,
Township 51 South, Range 42 East;
THENCE South 02021' 14" East on said East line of Tract B and the East line of said Section 34,
a distance of 541.55 feet to the Northeast comer of a parcel of land conveyed to the City of
A ventura for highway purposes by Right-of-Way Deed recorded in Official Records Book 17973,
Page 3869 of the Public Records of Miami-Dade County, Florida;
THENCE on the North line of said Parcel conveyed to the City of A ventura the following three
(3) courses and distances;
1. South 50029'14" West, a distance of32.10 feet (31.83) feet by deed) to the beginning ofa
tangent curve concave to the Northwest;
2. Southwesterly on the arc of said curve having a radius of 330.00 feet, through a central
angle of 37032'07" (37034'38" by deed), an arc distance of 216.19 feet (216.43 feet by
deed) to a point of tangency;
3. South 88001 '22" West, a distance of 128.17 feet to the POINT OF BEGINNING;
THENCE continue South 88001 '22" West on said North line, a distance of 561.58 feet;
THENCE North 01052'05" West, a distance of507.39 feet;
THENCE North 88009' 53" East, a distance of 382.40 feet;
THENCE South 37041 '02" East, a distance of306.19 feet;
THENCE South 01052'05" East, a distance of257.81 feet to the POINT OF BEGINNING;
Said lands lying in the City of Aventura, Miami-Dade County, Florida.
5
I'1Ht'< 11:::.1 c:t:Jla:l c:.; "4::1 .ll r I'
Holland -[- Knight
To' 305 374 8500
Fa. 305 789 7799
Ab~ 7z)' A G;~)0 ),A- --
1~1o~
Holtcll\d & Knight LLP
701 Brickell Avenue, 5uile 3000
Miami, FL 33131
www.hklaw.com
March 10, 2005
Joc.ph G. Goldstein
aoS'189-T1B2
joseph.loldltein8hklaw.com
TeleeODv and Mill
Mr. Eric Soroka. City Manager
City of A ventura
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
Re: City of A ventura Commission Agenda, March 10, 2005/ Agenda Item 6E
Dear Eric'
Upon review of the City Coll1llli$sion's "Consent Agenda" this evening, we note that the
Conunission appears to be considering a resolution which intends to make a fmding of public purpose and
authorizes the initiation of eminent domain proceedings for the acquisition of property owned by
Gulfstream Park Racing Association, Inc. ("OuIfstream"). In light of our review of ongoing
correspondence between both parties and the materials that had been provided to us concerning this
matter, as well as recent consultation with Gulfstream. we provide this letter to formally advise you and
the City Conunission that, at this time, OUJ client intends to vigorously challenge any effort of the City to
take its property through eminent domain. Please also be advised that, should eminent domain
proceedings commence, we intend to vigorously assert a claim for "full compensation" for the property,
which we are certain is significanlly higher than any figures which have previously been under
consideration.
Again, we urge that the City consider deferring this maller, in advance of any effort by the City to
proceed in an adversarlal manner. until a meeting to resolve these issu could be held.
Cc: Mr. Scon Savin
Steve Zelkowitz, Esq.
Mitchell Bernstein, Esq.
. 2682143_ v2
** TOT~L P~GE.02 **
AGENDA ITEM 6-F
RESOLUTION NO. 2005-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA CONCERNING THE CITY
ELECTION OF MARCH 1, 2005; DECLARING
QUALIFYING UNOPPOSED CANDIDATE ELECTED TO
OFFICE OF COMMISSION SEAT 4 WITHOUT NECESSITY
FOR FURTHER CONDUCT OF ELECTION PROCESS;
ACCEPTING AND ADOPTING THE MARCH 1, 2005
ELECTION RESULTS FOR THE OFFICES OF MAYOR
AND COMMISSION SEATS 2, 4 AND 6, AS CERTIFIED BY
THE CITY CLERK AND ATTACHED HERETO;
DECLARING CANDIDATE ELECTED TO OFFICE OF
COMMISSION SEAT 6, HAVING RECEIVED GREATER
THAN 50% OF THE TOTAL BALLOTS CAST AT THE
MARCH 1, 2005 ELECTION; PROVIDING FOR A RUN-
OFF ELECTION ON MARCH 15, 2005 FOR THE OFFICES
OF MAYOR AND COMMISSION SEAT 2; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, only one candidate has qualified to run for the office of Commission
Seat 4, and said candidate is unopposed and is deemed elected by operation of law;
and
WHEREAS, three candidates qualified to run for the office of Commission Seat
2, three candidates qualified to run for the office of Commission Seat 6 and four
candidates qualified to run for the office of Mayor; and
WHEREAS, an election was held on March 1, 2005; and
WHEREAS, pursuant to City Code Section 26-1, the City Clerk has canvassed
the election returns and presents a certification of election results to the City
Commission for its adoption.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA; THAT
Section 1. The above recitals are hereby confirmed and incorporated herein.
Resolution No. 2005-_
Page 2
Section 2. Billy Joel, being unopposed as the sole qualifying candidate for the
office of Commission Seat 4, is hereby declared to be elected to such office for a four-
year term commencing on March 18,2005.
Section 3. Commission Seat 6 candidate Luz Weinberg, having received
greater than 50% of the total number of ballots cast for Seat 6, is hereby declared to be
elected to such office for a four-year term commencing on March 18, 2005.
Section 4. There being no candidate receiving greater than 50% of the total
number of ballots cast for Commission Seat 2, the names of the two candidates
receiving the greatest number of ballots cast, Michael Stern with 1,496 votes and Muriel
Cohen with 934 votes, shall be placed on the ballot for the run-off election to be held on
March 15, 2005.
Section 5. There being no candidate receiving greater than 50% of the total
number of ballots cast for the office of Mayor, the names of the two candidates
receiving the greatest number of ballots cast, Manny Grossman with 1,226 votes and
Susan Gottlieb with 1,133 votes, shall be placed on the ballot for the run-off election to
be held on March 15, 2005.
Section 6. The results of the election process, as certified by the City Clerk,
are hereby adopted.
Section 7. This Resolution shall become effective immediately upon its
adoption.
Resolution No. 2005-_
Page 3
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 Jay R. Beskin
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED this 10th day of March, 2005.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
tms
~ {;t.
~ tV"~'"
C:::;Z"9 06 Stet
CITY OF AVENTURA
CERTIFICATE OF CANVASSING BOARD
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
We, the undersigned, Circuit Court Judge JERI BETH COHEN, LESTER
SOLA, Chief Deputy Supervisor of Elections, Miami-Dade County Elections
Department, and TERESA M. SOROKA, CMC, City Clerk, constituting the Board
of Canvassers in and for the City of Aventura, do hereby certify that we met on
the 1st day of March, 2005 and proceeded to publicly canvass the votes cast for
Commission Seats 2 and 6, and the Office of Mayor at the General Election held
on the 1st day of March, 2005, as shown by the return on file in the Office of the
City Clerk. We do hereby certify from said returns as follows:
For COMMISSIONER SEAT 2, the whole number of votes cast was 3,160, of
which number
Muriel COHEN received 934 votes
HANNAH LIPTON received 730 votes
Michael STERN received 1,496 votes
For COMMISSIONER SEAT 6, the whole number of votes cast was 3,095, of
which number
Sid GERSH received 714 votes
Gary L. PYOTT received 478 votes
Luz "Lucy" WEINBERG received 1,903 votes
For MAYOR, the whole number of votes cast was 3,272, of which number
Scott ABRAHAM received 252 votes
Susan GOTTLIEB received 1,133 votes
Alan GREENFIELD received 661 votes
MANNY GROSSMAN received 1,226 votes
C~,AVEN~S~ING BOARD
JERI BET ~EN, Circuit Court Judge
Miami- de Cou y
Date Certified: March 1,2005
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
TO: City Commission
FROM:
Eric M. Soroka, City
~re,Fi
port Services Director
BY:
DATE:
March 2, 2005
SUBJECT: Disaster Relief Funding Agreement
March 10, 2005 City Commission Meeting Agenda Item ~ - ~
Recommendation
It is recommended that the City Commission approve the attached resolution authorizing
the City Manager to execute the Disaster Relief Funding Agreement.
Background
This agreement covers the City's requested reimbursement of costs relating to Hurricane
Frances. The City incurred costs in preparing for the hurricane on September 2nd and 3rd
and for cleanup after the storm on September 4th through October 29th
We have worked with representatives of Florida's Department of Community Affairs (DCA)
and the Federal Emergency Management Agency (FEMA) over the past several months.
Based on the latest meetings, we anticipate receiving approximately $130,000 in federal
and state funds. This covers costs incurred for police overtime and equipment for
September 2nd, 3rd, and 4th and contractual services on September 2nd up to October 29th
when debris removal was finalized.
The State requires each governmental entity to sign the standard Disaster Relief Funding
Agreement in order to receive reimbursement. I, therefore recommend approval of the
resolution.
HMKlmn
RESOLUTION NO. 2005-_
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 DISASTER
RELIEF FUNDING AGREEMENT BETWEEN THE CITY OF
AVENTURA AND THE STATE OF FLORIDA DEPARTMENT
OF COMMUNITY AFFAIRS; 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 Disaster Relief Funding
Agreement between the City of Aventura and the State of Florida Department of Community
Affairs for reimbursement of certain costs of preparation for and cleanup after Hurricane
Frances.
Section 2. The City Manager is hereby authorized to do all things necessary and
expedient in order to effectuate the execution of the attached Agreement described in
Section 1 above, and to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by Commissioner
adoption. The motion was seconded by Commissioner
vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
, who moved its
, and upon being put to a
Resolution No. 2005-_
Page 2
PASSED AND ADOPTED this 10th day of March, 2005.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
NOV 291004
P1NA~l'SElMCES
STATE OF FLORIDA
Department of Community Affairs
DISASTER RELIEF FUNDING AGREEMENT
Agreement No. 05-PA-G%-11-23-02.375
CSF A No. 52600308;
CFDA No. 97.036
Subgrantee: Aventura, City Of
FIPS No. 086-02681-00
This Agreement is between the State of Florida, Department of Community Affairs (hereinafter referred to
as the "Grantee") and, the undersigned State Agency or political subdivision of the State or private nonprofit
organizations (hereinafter referred to as the "Sub grantee"). This Agreement is based on the existence of the
following facts and conditions:
A. WHEREAS, Hurricane Frances beginning September 1, 2004, and thereafter, had a devastating impact
upon the State of Florida. The severity of the damage and losses resulted in a proclamation of emergency by the
Governor in Executive Order 04-192. In consequence of the Event, the President of the United States on
September 16, 2004, declared Major Disaster No. FEMA-DR-1545-FL in all counties in the State of Florida. As a
result, the Public Assistance Program was made available to eligible applicants in these Declared counties; and,
B. WHEREAS, a FEMA-State Agreement between the State of Florida and the Federal Emergency
Management Agency governing the use of such funds requires the State to share the costs eligible for federal
financial assistance, and the State has undertaken to share those costs, as appropriated, with its Subgrantees; and,
C. WHEREAS, the Grantee represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein and agrees to comply with all the requirements of this Agreement; and,
D. WHEREAS, the Grantee receives these grant funds from the State of Florida and the federal
government, and has the authority, under Section 252.373, Fla. Stat. to disburse these funds to the Subgrantees upon
the terms and conditions hereinafter set forth; and,
E. WHEREAS, a Budget Amendment has been prepared and is being considered to provide for the
necessary funds and authority for this event. Under the Emergency Management Act, as amended, the Department
has authority to administer federal financial assistance from the Federal Emergency Management Agency
consequent to a presidential declaration of disaster.
NOW, THEREFORE, the Grantee and Subgrantee, based upon the existence of the foregoing conditions,
do further agree to the following:
ARTICLE I. Definitions. As used in this Agreement, the following terms shall have the following
meanings unless another meaning is specified elsewhere:
A. "Eligible activities" are those activities authorized in the FEMA-State Agreement, and in the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended, 42 U.S.c. 9 5121-5201;
44 C.F.R. Part 206; and applicable policies of the Federal Emergency Management Agency.
B. "FEMA-State Agreement" is the agreement dated September 4, 2004, between the Federal Emergency
Management Agency and the State of Florida, for the Major Disaster No. FEMA-IS45-DR-FL.
ARTICLE II. Aoolicable Law. The parties agree to all the conditions, obligations, and duties imposed by
the FEMA-State Agreement and all applicable state and federal legal requirements including, without any limitation
on the generality of the foregoing, the requirements of 44 C.F.R. Parts 13 and 206, and the policies of the Federal
Emergency Management Agency.
ARTICLE III. Fundin~ and Insurance. Grantee shall provide funds to the Sub grantee for eligible
activities for the projects approved by the Grantee and the Federal Emergency Management Agency, as specified in
the approved Project Worksheets. Allowable costs shall be determined as per 44 C.F.R. Parts 13 and 206, which shall
be ninety (90) percent of all eligible costs.
A. The approved Project Worksheets shall be transmitted to Subgrantee, and shall state the cumulative
funding allowed, the scope ofthe eligible project, and the costs eligible under this Agreement. Project Worksheets
may obligate or deobligate funding, thereby amending the total funding for the project. The approved Project
Worksheets shall document the total eligible costs and the total federal share of those costs, which shall be ninety (90)
percent of all eligible costs, unless a higher percentage is approved. Contingent upon an appropriation by the Florida
Legislature, the Grantee may provide some portion of any nonferleral share for local government. As a condition of
receipt of the federal funding, the Subgrantee agrees to provide any nonferleral share not paid by the Grantee.
B. As a condition to funding under this Agreement, the Subgrantee agrees that the Grantee may withhold
funds otherwise payable to Subgrantee from any disbursement to Grantee upon a determination by Grantee or Federal
Emergency Management Agency that funds exceeding the eligible costs have been disbursed to Subgrantee pursuant
to this Agreement or any other funding agreement administered by Grantee.
C. As a further condition to funding under this Agreement, the Subgrantee agrees to procure insurance
sufficient for the type or types of hazards for which the disaster was declared to cover any and all projects to be funded
under this Agreement where insurance is available and reasonable. Subgrantee shall provide Grantee with a certificate
of such insurance as a condition to funding under this Agreement.
ARTICLE IV. Duplication of Benefits Prohibition. Subgrantee may not receive funding under this
Agreement to pay for damage covered by insurance, nor may Subgrantee receive any other duplicate benefits under
this Agreement.
A. Subgrantee shall without delay advise Grantee of any insurance coverage for the damage identified on the
applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance.
Subgrantee shall reimburse Grantee without delay for any duplicate benefits Subgrantee may receive from any other
source for any damage identified on the applicable Project Worksheets for which Subgrantee has received payment
from Grantee, to the extent of any such duplication.
B. In the event that Grantee should determine that Subgrantee has received duplicate benefits, by its
execution of this Agreement the Subgrantee gives Grantee or the Chief Financial Officer-Department of Financial
Services of the State of Florida the authority to set off the sum of any such duplicate benefits by withholding it from
any other funds otherwise due and owing to Subgrantee.
ARTICLE V. Comolianee with Environmental. Plannin~ and Permittin~ Laws. Subgrantee shall be
responsible for the implementation and completion of the approved projects described in the Project Worksheets in a
manner acceptable to Grantee, and in accordance with applicable legal requirements. The contract documents for any
project undertaken by Subgrantee, and any land use permitted by or engaged in by Subgrantee, shall be consistent with
the local government Comprehensive Plan. Subgrantee shall ensure that any development or development order
complies with all applicable planning, permitting and building requirements. Subgrantee shall engage such competent
engineering, building, and other technical and professional assistance at all project sites as may be needed to ensure
that the project complies with the contract documents.
2
ARTICLE VI. Reouired Documentation. Reviews. and Insoections. Subgrantee shall create and
maintain documentation of work performed and costs incurred on each project identified in a Project Worksheet
sufficient to permit a formal audit comporting with ordinary, customary and prudent public accounting requirements.
Upon the failure of Subgrantee to create and maintain such documentation, Grantee may terminate further funding
under this Agreement, and Subgrantee shall reimburse to Grantee all payments disbursed earlier to Subgrantee,
together with any and all accrued interest.
A. Subgrantee shall submit the following documentation for Large Projects (the Small Project threshold for
this declaration is $54,100).
1. A Request for Reimbursement conforming to the sample attached to this Agreement as
Attachment C.
2. A Summary of Documentation Form conforming to the sample attached to this Agreement as
Attachment D, which shall be supported by original documents such as contract documents, invoices, purchase orders,
change orders and the like;
3. A request for final inspection;
4. A signed Project Completion and Certification Report upon the completion of all projects; and
5. The Project Completion and Certification Report specified by Paragraph B of this Article.
B. For all projects, Subgrantee shall state on the "Project Completion and Certification Report" that all work
was performed in accordance with this Agreement and the requirements in each Project Worksheet, and shall state the
date of completion.
C. Grantee will inspect Small Projects by random selection, and will conduct the final inspections on Large
Projects, to ensure that all work has been performed within the scope of work specified on the Project Worksheets.
Costs not within the approved scope of work shall not be reimbursed.
ARTICLE VII, Cost Sharine. The federal share of the eligible costs specified in the Project Worksheets
under this Agreement shall be ninety (90) percent of such costs, unless a higher percentage is approved, of such costs
and the nonfederal share shall be the remaining amount. Payment of all or a specified portion of the nonfederal share
of such costs is contingent upon a potential future State appropriation defining the apportionment of the nonfederal
share. Administrative costs in addition to the Project Worksheets that are otherwise eligible under 44 C.F.R. Part 206
and do not require matching funds may also be funded by FEMA.
ARTICLE VIII. Pavment of Costs. Grantee shall disburse the eligible costs to Subgrantee in accordance
with the following procedures.
A. Grantee shall disburse the federal and nonfederal shares of the eligible costs for Small Projects to
Subgrantee as soon as practicable after execution of this Agreement and formal notification by the Federal Emergency
Management Agency of its approval of the pertinent Project Worksheet.
B. Grantee shall reimburse Subgrantee for the federal and nonfederal shares of the eligible costs for Large
Projects as soon as practicable after Subgrantee has delivered the following documents to Grantee:
I. A Request for Reimbursement Form conforming to the sample attached to this Agreement as
Attachment C;
2. A Summary of Documentation Form conforming to the sample attached to this Agreement as
Attachment D which shall be supported by original documents such as contract documents, invoices, purchase orders,
change orders and the like and is also available at www.tloridana.onz.; and,
3
3, A letter or notification certifying that the reported costs were incurred in the performance of
eligible work.
C. Grantee may advance funds under this Agreement to Subgrantee not exceeding the federal share if
Subgrantee meets the following conditions:
I. Subgrantee shall certify to Grantee that Subgrantee has procedures in place to ensure that funds
are disbursed to project vendors, contractors, and subcontractors without unnecessary delay;
2. Subgrantee shall submit to Grantee the budget supporting the request;
3. Subgrantee shall submit a statement justifying the advance and the proposed use of the funds, and
specifying the amount of funds requested;
4. Subgrantee shall submit a completed Request for Advance and Schedule of Projected
Expenditures Forms conforming to the samples attached to this Agreement as Attachments A and B and is also
available at www.floridaoa.om.; and,
5, Subgrantee shall pay over to Grantee any interest earned on advances for remittance to the
Federal Emergency Management Agency as often as practicable, and in any event not later than ten (10) business days
after the close of each calendar quarter.
D. Subgrantee may make improvements to the project facility in conjunction with its restoration of the
facility to its pre-disaster condition in accordance with 44 c.p ,R. Part 206 with the prior written approval of Grantee.
E. In any case in which Subgrantee certifies to Grantee in writing that the restoration of a damaged public
facility to its predisaster condition is not in the best interest of the public, Subgrantee may request Grantee and the
Federal Emergency Management Agency to approve an alternate project in accordance with 44 C.F,R, Part 206 before
the commencement of any work.
F. Grantee may, in its discretion, withhold its portion oftbe nonfederal share of funding under this
Agreement from Subgrantee if Grantee has reason to expect a subsequent unfavorable determination by the Federal
Emergency Management Agency that a previous disbursement of funds under this Agreement was improper,
ARTICLE IX. Final Pavrnent. Grantee shall disburse the final payment to Sub grantee upon the
performance of the following conditions:
A. Subgrantee shall have completed the project;
B. Subgrantee shall have submitted the documentation specified in Articles VI and VIII of this Agreement;
C. In the case of Large Projects, the Grantee shall have performed the final inspection;
D. In the case of Small Projects, the Project Listing and Certification shall have been reviewed by Grantee, or
Grantee shall have performed a final inspection; and,
E. Subgrantee shall have requested final reimbursement.
ARTICLE X. Records Maintenance. The funding of eligible costs under this Agreement and the
performance of all other conditions shall be subject to the following requirements, in addition to such other and further
requirements as may be imposed by operation oflaw:
A, The "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments," as codified in 44 C.F.R. Part 13, as amended;
4
B. Office of Management and Budget Circular No. A-87, "Cost Principles for State and Local
Governments," as amended;
C. Office of Management and Budget Circular No. A-II 0, "Uniform Administrative Requirements for
Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations,"
as amended; and
D. Office of Management and Budget Circular No. A-122, "Cost Principles for Non-Profit Organizations,"
as amended.
E. Subgrantee will maintain all documentation concerning the projects funded under this Agreement until the
occurrence of the following events, whichever is the later:
1. The completion of final inspection and final audit, and the final resolution of any issues identified
in the same; or,
2. The expiration of three (3) years from the date of disaster closeout under this Agreement.
F. Subgrantee shall make all documentation concerning the projects funded under this Agreement available
and accessible to the Comptroller General of the United States, the Grantee, and the Federal Emergency Management
Agency between 8:00 a.m. and 5:00 p.m. on weekdays other than official holidays.
ARTICLE XI. Reimbursement of Funds. Ifupon final inspection, final audit, or other review by Grantee,
the Federal Emergency Management Agency or other authority determines that the disbursements to Subgrantee under
this Agreement exceed the eligible costs, Subgrantee shall reimburse to Grantee the sum by which the total
disbursements exceed the eligible costs within forty-five (45) days from the date Subgrantee is notified of such
determination.
ARTICLE XII. Audit. Subgrantee shall submit an Audit of Agreement Compliance to Grantee, and shall
have an independent audit performed by a Certified Public Accountant if its total expenditures of federal financial
assistance for the most recent fiscal year equal or exceed $500,000.00.
A. Subgrantee will conduct the audit in accordance with the following requirements:
I. The standards established by the Comptroller General ofthe United States, as specified in the
General Accounting Office Standards for Audit of Governmental Organizations, Programs, Activities and Functions;
2. The standards established by the American Institute of Certified Public Accountants;
3. The requirements of!i I 1.42, Fla. Stat., and the Rules of the Auditor General;
4. The requirements of the Single Audit Act of 1984, Pub. L. 98-502, as amended, 31 U.S.c. !i!i
7501-7507, to the extent here applicable; and,
5. Office of Management and Budget Circular No. A-l33, as amended, to the extent here applicable.
B. The audit shall be identified by the serial contract identification number for this Agreement. If the
Subgrantee is a private nonprofit organization, it shall submit an organization-wide audit.
C. The audit shall be due not later than seven (7) months after the close of the fiscal year for Sub grantee
except where Grantee and Subgrantee have mutually agreed upon another date.
D. Subgrantee shall conduct such additional audits as Grantee or the Federal Emergency Management
Agency may determine necessary to determine the adequacy, accuracy, and reliability of the internal procedures
5
Subgrantee has in place to protect its assets and to ensure compliance with this Agreement.
E. If this Agreement is closed out without an audit, Grantee may recover from Subgrantee any disallowed
costs identified in an audit after such closeout.
ARTICLE XIII. Noncomoliance. If the Subgrantee violates this Agreement or any legislation, regulation,
statute, rule or other legal requirement applicable to the performance of this Agreement, the Grantee may withhold any
disbursement otherwise due Subgrantee for the project with respect to which the violation has occurred until the
violation is cured or has otherwise come to final resolution. Ifthe violation is not cured, Grantee may terminate this
Agreement and invoke its remedies under the Agreement as per Articles XVIII and XXIII of this Agreement.
ARTICLE XIV. Nondiscrimination bv Contractors. Subgrantee shall undertake an active program of
nondiscrimination in its administration of disaster assistance under this Agreement, as per 44 C.F ,R. Parts 7 and 16,
and 44 C.F.R Part 206. Subgrantee shall also be subject to the requirements in the General Services Administrative
Consolidated List of Debarred, Suspended and Ineligible Contractors, in accordance with 44 C.F.R Part 17.
ARTICLE XV. Modification. The time for performance of this Agreement may be extended once unless
the failure of Subgrantee to close out the project is caused by events beyond its control. A modification extending the
time for completion of the project and any other modification shall be in writing, and shall take effect only upon
execution by both parties. Modifications to any Project Worksheet to be funded under this Agreement may be
requested by Subgrantee through Grantee, but the approval of any such modifications shall reside in the sole discretion
of the Federal Emergency Management Agency. Any approved modification to a Project Worksheet shall be noted in
an additional Project Worksheet version for the project. If otherwise allowed under this Agreement, any extension
shall be in writing and shall be subject to the same terms and conditions as those set out in the initial Agreement.
ARTICLE XVI. Time for Performance. Time shall be ofthe essence of this Agreement and of the
performance of all conditions under it. Subject to any modification extending the time for the performance of this
Agreement approved by Grantee or the Federal Emergency Management Agency, the time for the performance of
emergency work shall be six (6) months from the date of the Presidential Declaration, The time for the performance of
permanent work shall be eighteen (18) months from the date of the Presidential Declaration. For Large Projects the
Summary of Documentation and the supporting documents identified in Article VI of this Agreement shall be
submitted to the Grantee not later than sixty (60) days after the extension date of the last modification extending the
Agreement. Subgrantee shall submit the completed Project Listing to Grantee not later than thirty (30) days from the
completion of all work, or the approval of the Final Inspection by the Federal Emergency Management Agency,
whichever is later, The time for the performance ofthis Agreement may be extended for cause by Grantee.
Extensions shall not be approved for delays caused by lack of cost-share funding. If any extension request is denied,
Subgrantee shall be reimbursed for eligible project costs incurred up to the latest approved date for completion.
Failure to complete any project will be adequate cause for the termination of funding for that project.
ARTICLE XVII. Contracts With Others. If the Subgrantee contracts with any other contractor or vendor
for performance of all or any portion of the work required under this Agreement, the Subgrantee shall incorporate into
its contract with such contractor or vendor an indemnification clause holding Grantee and Subgrantee harmless from
liability to third parties for claims asserted under such contract.
ARTICLE XVIII. Termination. Either of the parties may terminate this Agreement by notice in writing
delivered to the address specified in Article XXV of this Agreement. Such termination shall take effect thirty (30)
days after the date of such notice. Such termination shall not affect the rights, interests, duties or responsibilities of
either of the parties or any allowable costs that have accrued as of the date of the notice of termination.
ARTICLE XIX. Liabilitv. Grantee assumes no liability to third parties in connection with this Agreement.
Unless the Subgrantee is a governmental entity covered by 9 768.28(5), Fla. Stat., the Subgrantee shall be solely
responsible to any and all contractors, vendors, and other parties with whom it contracts in performing this Agreement.
Unless the Sub grantee is a governmental entity within the meaning of the preceding sentence, Subgrantee shall
indemnify Grantee from claims asserted by to third parties in connection with the performance of this Agreement,
6
holding Grantee and Sub grantee harmless from the same. Also:
A. For the purpose of this Agreement, the Grantee and Subgrantee agree that neither one is an employee or
agent of the other, but that each one stands as an independent contractor in relation to the other.
B, Nothing in this Agreement shall be construed as a waiver by Grantee or Subgrantee of any legal
immunity, nor shall anything in this Agreement be construed as consent by either of the parties to be sued by third
parties in connection with any matter arising from the performance of this Agreement.
C. Subgrantee represents that to the best of its knowledge any hazardous substances at its project site or sites
are present in quantities within statutory and regulatory limitations, and do not require remedial action under any
federal, state or local legal requirements concerning such substances. Sub grantee further represents that the presence
of any such substance or any condition at the site caused by the presence of any such substance shall be addressed in
accordance with all applicable legal requirements.
ARTICLE XX. Reoorts. Subgrantee shall provide Quarterly Reports to Grantee, on the Quarterly Report
Form conforming to the sample attached as Attachment E. The first Quarterly Report shall be due at such time as
Subgrantee is notified. All subsequent Quarterly Reports shall be due no later than fifteen (15) days after each
calendar quarter through final inspection. Quarterly Reports shall indicate the anticipated completion date for each
project, together with any other circumstances that may affect the completion date, the scope of work, the project
costs, or any other factors that may affect compliance with this Agreement. Interim inspections shall be scheduled by
Subgrantee before the final inspection, and may be required by Grantee based on information supplied in the Quarterly
Reports. Grantee may require additional reports as needed, and Subgrantee shall provide any additional reports
requested by Grantee as soon as practicable. With respect to the Request for Advance or Reimbursement, the
Summary of Documentation, and the Quarterly Reports, the contact for Grantee will be the State Public Assistance
Officer.
ARTICLE XXI. Standard Conditions. Subgrantee agrees to the following conditions:
A. The performance and obligation of Grantee to pay under this Agreement is contingent upon an annual
appropriation by the Legislature and the disbursement to Grantee offederal funding in accordance with S 252.37(4),
Fla. Stat.
B. Bills for fees or other compensation for services or expenses must be submitted in detail sufficient for a
proper pre-audit and post-audit.
C. Grantee may terminate this Agreement for refusal by the Sub grantee and its contractors and
subcontractors to allow public inspection of any records subject to the disclosure requirements in S 119.07(1), Fla.
Stat., that are made or received by Subgrantee or its contractors and subcontractors in connection with this Agreement.
Substantial evidence of noncompliance by Subgrantee or its contractors and subcontractors with these requirements
shall constitute the nonperformance of a condition under this Agreement, and shall be adequate cause for termination.
D. Subgranlee agrees that no funds disbursed to it under this Agreement will be used for the purpose of
lobbying the Legislature or any of its members, any employee of the State of Florida, any Member of Congress, any
officer or employee of Congress, or any employee of a Member of Congress, in connection with this Agreement or any
modifications to this Agreement.
E. Subgrantee certifies that it possesses the legal authority to receive the funds.
F. Subgrantee agrees that responsibility for compliance with this Agreement rests with Subgrantee, and
further agrees that noncompliance with this Agreement shall be cause for the rescission, suspension or termination of
funding under this Agreement, and may affect eligibility for funding under future Subgrantee Agreements.
ARTICLE XXII. Term. This Agreement shall take effect upon its execution by both parties, and shall
terminate upon approval of closeout by the Federal Emergency Management Agency, unless tenninated earlier as
specified elsewhere in this Agreement. Subgrantee shall commence project(s) specified by this Agreement without
7
delay.
ARTICLE XXIII. Events 01 DeIanlt. Remedies, and Termination.
A. Upon the occurrence of anyone or more of the following events, all obligations of Grantee to disburse
further funds under this Agreement shall tenninate at the option of Grantee. Notwithstanding the preceding sentence,
Grantee may at its option continue to make payments or portions of payments after the occurrence of anyone or more
such events without waiving the right to exercise such remedies and without incurring liability for further payment.
Grantee may at its option terminate this Agreement and any and all funding under this Agreement upon the occurrence
of any one or more of the following:
1. Any representation by Subgrantee in this Agreement is inaccurate or incomplete in any material
respect, or Suhgrantee has breached any condition of this Agreement or any previous agreement with Grantee and has
not cured in timely fashion, or is unable or unwilling to meet its obligations under this Agreement;
2. Subgrantee suffers any material adverse change in its financial condition while this Agreement is
in effect, as compared to its financial condition as represented in any reports or other documents submitted to Grantee,
if Subgrantee has not cured the condition within thirty (30) days after notice in writing from Grantee;
3. Any reports required by this Agreement have not been submitted to Grantee or have been
submitted with inaccurate, incomplete, or inadequate information; or,
4. The monies necessary to fund this Agreement are unavailable due to any failure to appropriate or
other action or inaction by the Congress, Legislature, Office of the Comptroller or Office of Management and Budget.
B. Upon the occurrence of anyone or more of the foregoing events, Grantee may at its option give notice in
writing to Subgrantee to cure its failure of perfonnance if such failure may be cured. Upon the failure of Subgrantee
to cure, Grantee may exercise anyone or more of the following remedies:
1. Terminate this Agreement upon not less than fifteen (15) days notice of such termination by
certified letter to the Subgrantee at the address specified in Article XXV of this Agreement, such notice to take effect
when delivered to Subgrantee;
2. Commence a legal action for the judicial enforcement of this Agreement;
3. Withhold the disbursement of any payment or any portion of a payment otherwise due and
payable under this agreement or any other agreement with Subgrantee; and,
4. Take any other remedial actions that may otherwise be available under law.
C. Grantee may terminate this Agreement for any misrepresentation of material fact, for failure or non-
performance of any Agreement condition or obligation, or for noncompliance with any applicable legal requirement.
D. Any deobligation of funds or other determination by the Federal Emergency Management Agency shall
be addressed in accordance with the regulations of that Agency.
E. Upon the rescission, suspension or termination ofthis Agreement, the Subgrantee shall refund to Grantee
all funds disbursed to Subgrantee under this Agreement.
F. The venue of any action or proceeding by either Grantee or Subgrantee for enforcement of this Agreement
or for adjudication of rights, interests, or duties of the parties to it shall lie in Leon County, State of Florida.
G. Notwithstanding anything to the contrary elsewhere in this Agreement, the rescission, suspension or
termination of this Agreement by Grantee shall not relieve Subgrantee of liability to Grantee for the restitution of
funds advanced to Subgrantee under this Agreement, and Grantee may set off any such funds by withholding future
disbursements otherwise due Subgrantee under this Agreement or any other Agreement until such time as the exact
amount of restitution due Grantee from Subgrantee is determined. In the event the Federal Emergency Management
Agency should deobligate funds formerly allowed under this Agreement or under any other Agreement funded by the
Agency and administered by Grantee, then Subgrantee shall immediately repay such funds to Grantee. If the
Subgrantee fails to repay any such funds, then Grantee may recover the same from funding otherwise due Sub grantee.
8
ARTICLE XXIV. Attachments.
A. All attachments to this Agreement are incorporated into this Agreement by reference as if set out fully in
the text of the Agreement itself.
B. In the event of any inconsistencies between the language of this Agreement and the Attachments to it, the
language of the Attachments shall be controlling, but only to the extent of such inconsistencies.
C. This Agreement has the following attachments:
I. Attachment A "Request for Advance"
2. Attachment B "Summary of Projected Expenditures"
2. Attachment C "Request for Reimbursement"
2. Attachment D "Summary of Documentation of Expenses Claimed"
3. Attachment E "Quarterly Report Form"
4. Attachment F "Sub grantee Annual Budget Projection Form"
Note: All other grant administrative and electronic forms will be provided by Grantee as necessary
or posted on the DEM website: www.floridaoa.on!.
ARTICLE XXV. Notice and Contact. All notices under this Agreement shall be in writing and shall be
delivered by Internet, by telefacsimile, by hand, or by certified letter to the following respective addresses.
FOR THE GRANTEE:
W. Craig Fugate, Director
Division of Emergency Management
Department of Community Affairs
2555 Shumard Oak Blvd
Tallahassee, Florida 32399-2100
FOR THE SUBGRANTEE:
ERIC M. SOROKA, CITY MANAGER
CITY OF AVENTURA 19200 W. COUNTRY CLUB DR.
AVENTIlRA. FI.OlnnA "\"\IRO
ARTICLE XXVI. Desi~nation of A~ent. Sub grantee hereby designates HARRY KTJ.(,'()RF.
as its primary agent, and designates VARTTN C::1I1i"RlJnnn as its alternate agent, to execute any Request
for Advance or Reimbursement, certification, or other necessary documentation.
IN WITNESS HEREOF, the Grantee and Subgrantee have executed this Agreement:
FOR THE GRANTEE:
FOR THE SUBGRANTEE:
DEPARTMENT OF COMMUNITY AFFAIRS,
State of Florida, By:
CITY OF AVENTURA
(Subgrantee)
W. Craig Fugate, Director
Division of Emergency Management
(Name) ERIC M. SOROKA
(Title) CITY MANAGER
March II. 200~
(Date)
65-0662615
Federal Employer Identification Number (FEIN)
(Date)
Public Assistance Prmrram
Program
9
Please Note:
The attached forms, pages 10 through 15
are not to be returned with the signed contract.
These forms are for future reimbursement.
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
ATTACHMENT A
Request for Advance for Public Assistance Funds
SUB GRANTEE NAME:
ADDRESS:
DCA AGREEMENT NO:
DISASTER NO:
FIPS NO:
PW
PW# CATEGORY % COMPLETE ELIGIBLE CURRENT REQUEST
AMOUNT
TOTAL CURRENT REQUEST $
COMMENTS:
I certify that to the best of my knowledge and belief the above accounts arc correct and that all disbursements were made in accordance with all
conditions ofthc DCA agreement and payment is due and has not been previously requested for these amounts.
SUBGRANTEE SIGNATURE:
NAME AND TITLE:
DATE:
10
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
ATTACHMENT B
SCHEDULE OF PROJECTED EXPENDITURES (SOPE\ FOR ELIGIBLE DISASTER WORK
Date:
FIPS#:
Subgrantee:
Project Worksheet (PW)#:
Disaster#:
Eslimaled Delivery Dales of Payee/Contractor Brief Description of the articles or services Estimated
artides or performance of Eligible Costs
services within 90 days 1$$$)
Paoe Subtotal
Current Advance Request (All Pages)
Total PW Amount
11
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
A TT ACHMENT C
Request for Reimbursement for Public Assistance Funds
SUB GRANTEE NAME:
ADDRESS:
DCA AGREEMENT NO:
DISASTER NO:
FIPS NO:
PW PREVIOUS
PW# CATEGORY % COMPLETE ELIGIBLE PAYMENTS CURRENT REQUEST
AMOUNT
TOTAL CURRENT REQUEST $
COMMENTS:
I certifY that to the best afmy knowledge and bclicfthc above accounts are correct and that all disbursements were made in accordance with all
conditions of the DCA agreement and payment is due and has not been previously requested for these amounts.
SUBGRANTEE SIGNATURE:
NAME AND TITLE:
DATE:
12
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
ATTACHMENT D
SUMMARY OF DOCUMENTATION OF AMOUNT CLAIMED FOR ELIGIBLE DISASTER WORK (SOD)
Date:
FIPS#:
Subgrantee:
Project Worksheet (PW)#(s):
Disaster#:
Applicant's Reference # Delivery Dale of DOCUMENTATION Applicant
(Warrant, Voucher, Claim or articles or List Documentation (ApPlicant payroll, material OtJt of applicant stock, applicant-owned Eligible Costs
Schedule #) performance of equipment and name of vendor or contractor) by category and line item in tI1e approved ($$$)
services. project application and give a brief description of the articles or services.
Paoe Subtotal
Current Expenditure Request (All PaQes)
Total PW Amounts for all Aooroved Versions
Over or Under Run (Final SOD Onlv)
13
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CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
TO: City Commission
BY:
Eric M. Soroka, City ag
'~ore, Financ
ort Services Director
FROM:
DATE:
January 26, 2005
SUBJECT: End of Year Budget Amending Ordinance
1st Reading 0')..-01- 05" City Commission Meeting Agenda Item ~
2nd Reading 03 - to _ 0 5' City Commission Meeting Agenda Item~
Recommendation
It is recommended that the City Commission approve the attached ordinance amending
the 2003/2004 budget.
Background
As you are aware, we are in the process of closing the books for the 2003/2004 fiscal year.
We are now to the point where we can formally amend the budget so that the adopted
budget contains appropriations sufficient to cover all actual expenditures. The process is
called the end of year "clean up" amendment and is done as a matter of course each year.
General Fund
For the City Managers office, lobbyist services were greater than budgeted due to billings
from Blosser Sayfee as well as the increase in the Ron Book contract. Website
maintenance was higher due to enhancements to the web page.
For Legal, the budget did not anticipate the high level of legal matters which were handled
during the year. Included were costs of the 199th Street Crossing, Gulfstream DRI and
Cable Franchise transfers.
For the City Clerk Department, legal advertising was greater than budgeted. Election
expenses were not budgeted for the March 9, 2004 referendum election relating to terms
of office and length of service.
For the Public Safety Department, overtime was greater than budgeted primarily as a
result of the costs relating to Hurricane Francis on September 3 and 4, 2004. Retirement
was greater than budgeted due to the adoption of the Police Officers Defined Benefits Plan
requiring 14.5% contribution on overtime, holiday pay and other pays rather than just
salary. Gas and oil costs were greater due to unanticipated increase in the cost of
gasoline.
Page 2
Memorandum to City Commission
End of Year Budget Amending Ordinance
For the Community Development Department, an increase of $170,000 is required
because the level of building activity was greater than projected during the year. This is
more than offset by additional revenue for building permits ($476,000).
For Community Services, engineering professional services were greater than budgeted
by $28,000. This is offset by revenues in the same amount.
Non departmental requires a total of $339,000 in additional appropriations. Liability &
Property Insurance was $213,000 greater than budgeted. This was discussed with the
City Commission on October 7, 2003 when we awarded the bid for insurance.
Hurricane/Storm expenses were costs associated with preparing for and cleanup and
restoration relating to Hurricane Frances. A portion of these amounts are included in
federal grant revenue. The transfers to the debt service funds were due to costs relating to
the 2002 loan from Florida Intergovernmental Finance Commission (FIFC).
Capital Outlay/Public Safety appropriations need to be increased to reflect two grants
received which were not included in the original budget. These amounts are offset by
injecting federal grant revenues in the same amount.
Capital Outlay appropriations for the Charter School addition need to be injected into the
2003/04 budget. These funds were included in the 2004/05 budget but the project
progressed quicker than projected.
For the General Fund total actual revenues were significantly greater than budgeted. The
amount included in the budget amendment is only the amount necessary to offset the total
over expenditure. Total actual General Fund Revenues were approximately $1,500,000
greater than budgeted. After reappropriation for open purchase orders and contracts for
capital accounts, the total fund balance available to fund the 2004/05 and future budgets
will be approximately $11.6 million, the same amount as included in the 2004/05 budget.
Therefore, this amendment will not negatively impact future years' budgets or capital
programs.
The 2002 Loan Debt Service Fund and FIFC Debt Service Fund each require a $6,000
adjustment because I failed to include the other debt service costs when we prepared the
original budget.
The FIFC Project Fund needs to have $30,100 appropriated to cover various costs relating
to the expansion of the Charter School building. The amount is offset by interest earnings.
HMK/mn
ORDINANCE NO. 2005-_
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE
NO. 2003-12 WHICH ORDINANCE ADOPTED A BUDGET
FOR THE 2003/2004 FISCAL YEAR BY REVISING THE
2003/2004 FISCAL YEAR OPERATING AND CAPITAL
BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED
HERETO; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, upon the periodic review and analysis of current budgetary
commitments and obligations, and based upon the projected needs and requirements
of the City and upon the recommendations of the City Manager (and the concurrence of
the Finance Support Services Director as to Accounting Principles), it is deemed
necessary to adjust, amend and implement the 2003/2004 Operating and Capital
Budget as set forth in Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. The recitals contained in the preamble to this Ordinance are
incorporated by reference herein.
Section 2. The City Commission hereby authorizes the amendment of
Ordinance No. 2003-12, which Ordinance adopted a budget for the 2003/2004 fiscal
year, by revising the 2003/2004 budget as set forth on the attached Exhibit "A" which
exhibits are deemed incorporated by reference as though set forth in full herein.
Ordinance No. 2005-_
Page 2
Section 3. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Ordinance,
Section 4. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Vice Mayor Cohen, who moved its
adoption on first reading. This motion was seconded by Commissioner Grossman, and
upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Jay R. Beskin yes
Commissioner Bob Diamond yes
Commissioner Manny Grossman yes
Commissioner Harry Holzberg yes
Vice Mayor Ken Cohen yes
Mayor Jeffrey M. Perlow yes
The foregoing Ordinance was offered by Commissioner
, who
moved its adoption on second reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Ken Cohen
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED on first reading this 1st day of February, 2005.
2
Ordinance No. 2005-_
Page 3
PASSED AND ADOPTED on second reading this 10th day of March, 2005.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
3
Budget Amendments
GENERAL FUND
Appendix A
Locallv Levied Taxes
3131000 Franchise Fee Electric 1,680,000 140,000 1,820,000
3141000 Utility Tax Electric 240,000 70,000 310,000
SUBTOTAL 1,920,000 210,000 2,130,000
Licenses & Permits
3221000 Building Pennits 1,000,000 496,000 1,496,000
3291000 Engineering Pennils 10,000 28,000 38,000
SUBTOTAL 1,010,000 524,000 1,534,000
Interaovernmental Revenue
3312450 Federal Grants 0 264,000 264,000
3343701 State Grants 0 170,000 170,000
SUBTOTAL 434,000 434,000
Total Amendments-Revenues
. $ 1 ,.168;000
Expenditures
3170
4815
City Manaaer
Lobbyist Services
Web Site Maintenance
SUBTOTAL
12,000
2,000
14,000
40,000
6,000
46,000
3120
Leaal
Legal Fees
SUBTOTAL
93,000
93,000
220,000
220,000
4911
4915
City Clerk
Legal Adversising
Election Expenses
SUBTOTAL
11,000
12,000
23,000
40,000
o
40,000
52,000
8,000
60,000
313,000
313,000
51,000
12,000
63,000
Appendix A
GENERAL FUND (CONTINUED)
tCQO
Expenditures
Public Safety
1401 Overtime 300,000 50,000 350,000
2201 Retirement 630,852 67,000 697,852
5220 Gas & Oil 90,000 68,000 158,000
SUBTOTAL 1,020,852 185,000 1,205,852
Community Development
3101 Building Inspection Services 715,000 170,000 885,000
SUBTOTAL 715,000 170,000 885,000
Community Services
3110 Engineering 85,000 28,000 113,000
SUBTOTAL 85,000 28,000 113,000
Non Departmental
4501 Liability & Property Insurance 495,000 213,000 708,000
5904 Hurricane/Storm Expense 0 114,000 114,000
9125 Transfer to 2002 Debt Service Fund 396,507 6,000 402,507
9129 Transfer to FIDC Debt Serv Fund 0 6000 6,000
891,507 339,000 1,224,507
6403
6404
Capital Outlav/Public Safety
2003 Local Law Enforcement Grant
Dade Chiefs Byrne Grant
SUBTOTAL
o
o
o
20,000
116,000
136,000
20,000
116,000
136,000
6307
Capital Outlav/Charter School Const.
Charter School Constr. Middle Sch
SUBTOTAL
o
o
180,000
180,000
180,000
180,000
Total Amendments-Expenditures
'$1,168,000.
Appendix A
2002 LOAN DEBT SERVICE FUND
Revenues
Other Non-Revenue
3811000 Transfer from General Fund
SUBTOTAL
396,507
396,507
6,000
6,000
402,507
402,507
Total Amendments-Revenues
Expenditures
Debt Service
7330 Other Debt Service Costs
SUBTOTAL
o
o
6,000
6,000
6,000
6,000
Total Amendments-Expenditures
FIFC DEBT SERVICE FOR CHARTER SCHOOL CONSTRUCTION
" "",,' 'I ',. ,,' [1 " ", , . ,"m("'''m~' ,"101;"1".:1 /JpjiJ(,n
\, ~""'~,~',j:,r I 'A' -'I '~' _ I~~~~ c,;..,...,.~;.~ ~~
_~=_~.~";~~",-,-~~iUJ~m~lL"~_
Revenues
~herNon-Revenue
381100 Transfer from General Fund
SUBTOTAL
o
6,000
6,000
6,000
6,000
Total Amendments-Revenues
Expenditures
Debt Service
7330 Other Debt Service Costs
SUBTOTAL
o
6,000
6,000
6,000
6,000
Total Amendments-Expenditures
Appendix A
2002 FIFC LOAN PROJECT FUND
Miscellaneous Revenues
3611000 Interest on Investments
SUBTOTAL
o
30,100
30,100
30,100
30,100
Total Amendments-Revenues
Expenditures
Capital Outlay
6307 Charter School Construction
SUBTOTAL
o
30,100
30,100
30,100
30,100
Total Amendments-Expenditures
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
Q.V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review flk/a Miami Review, a daily (except Saturday, Sunday
and Legar Hoffdays) newspaper, published at Miami in Miami-Dade
County, Florida: that the attached copy of advertisement.
being a Legal Advertisement of Notice in the matter at
CITY OF AVENTURA PUBLIC HEARING 3110/2005
TRG REGINA SQUARE L TO.. ETC.
in the XXXX Court,
was published in said newspaper in the issues of
02/25/200S
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami~Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commiSSion or refund for the purpose
of securing t . adve' ent for publication in the said
newspape .
~
Sworn to and subscribed before me this
25 day of FEBRUARY
. A.D. 2005
~ ~#!,?//~
(SEAL)
a.v, FERBEYRE personally known to me
, ~ Cheryl H Marmer
!~. .. My commission D0338559
'\, ~ I ExpIres July 18, 2008
.."
CITY OF AVENTUBA
NOTICIOF PUBLIC HURING
Date and Time of Public Heertng: Thursday, March 10, 2005
6:00 p.m.
Applicant NarnelNumber: TRG Regina Square Ltd. 01-CU-05 &
01-VAR-ll5
Applicant Request: The applicant is requesting ,conditional use
approval to allow an aboveground emergency
fuel storage tank in the Tel (Town Center) ,
DislrIct: variance to SectIon 31-145(b)(3)e.1. to
allow a 1,000 gallon aboveground emergency
fuel storage tank where a nlaXtmum size of 550
gallons is pennitted by C_; end va~ance to
SectIon 31-145(b)(3)e.3. to allow a metal picket
f&nee and landscape screen on the
aboveground storage tank, where a masonry or
concrete wall and landscape screen is required
by COde, all for the proposed pump station on
the Town Center site at 18741 Biscayne Boule-
vard, Aventura.
Location Of Subject Property: 18741 Biscayne BOulevard
Loehmann's Fashion Island Plaza
Legal Deocrtpllon: Pert of Tract B. Regina Square SubdMslon.
recorded in Plat Book 113. Page 27 of the Public
Racorda of Miami-Dade County (full legal
description is avaltable at the Community Devel-
opment Department)
Plans are on fUe and may be examlned.during regular businesa hours in
the City of Aventura Govemment center, Community Development
Department. 19200 Weet Country Club Drive, Aventura. FIo~da. 33180.
Plans may be modified at or before the Public Hea~ng. The application
may change du~ng the hea~ng process.
The Public Hearing wUI be held at City of Aventura Government Center,
19200 West COuntry Club Drive, Aventura, Florida 33180. Your
comments may be made in person at the hearing or filed in writing prior to
the hea~ng date. Reter to appllcanVproperty on correapondence and
mail same to City 0' Aventura Government Center, Community Develop-
ment Department. Forfurther inlomlation. pi.... call (305) 466-8940.
In accordance with the Americans with Disabiltties Act of 1990, all
persons who are disabled and who need special accommodations to
partltlpate In thla procHding because of thet disability should contact
the OffIce of the City Clerk, 466-8901 ,not latar than two business days
prior to ouch proceedings.
If a person decides to appeal any decision made by the City Commission
wtth 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 baaad.
2/25
Teresa M. Soroka. CMC. CIty Clerk
05-3-291524495M
--...,--- --
---
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
O.V. FERBEYRE, who on oath says that he or she is the
SUPERVISOR, 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; ;liat thd attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA
PROPOSED ORDINANCE - MARCH 10, 2005
in the XXXX Court,
was published in said newspaper in the issues of
02/04/2005
Affiant further says that the said Miami Daily Business
Review Is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing advertis nt for publication in the said
news pap .
Sworn to and subscribed before me this
04~)
2005
~
(SEAL)
f~" Mana I. Mesa
O.V. FERBEYRE personallV:~~nJ<>"fvle:ommjSSiOn DD293855
~,.., ExplrP.5 Marr.h 04, 2008
CITY OF AVENTtIRA
puli~.o NOTICEQf'---,..~
PRGPOSEDORDINAIICE .
'~
NOTICE IS HERE8VGIVENthaton ThlJl'SdaY' the 10ti)dayofMarch,
2005, at a mee~EtCit1CQlnrriissiOfti:lfthe City of Avenfura,to be
held at 6:00 p..m.io!he Commission C~at Aventura Govemmenf
Center, 19200 West Country! Club Driv..,.Av:entura. Florida. the City
Commission WiII.'i9mider the!l!~optiono,f.ttlI! followin9.0rdll"lllnce on
second reading, entiB8d: ..
AN ORDINANCE OF THE CITY COMMISSION OJIO'rHECITY
OF AVENTURA, FLORIDA,! AMiNQIMG.ORDlHAHCE NO.
2003-12 WHICH ORDINANCE .AI)OP1'ED.AB,UDGET FOR
THE 200~.flSCAJ,.~.8Y'~~G THI!~OO3l2004
FISCAL Y9JIt OptRAnNGANDeAPITAL 8U~ET AS.
OUTUNeD IN EXHIBIT "A" ATTACHED HERETOi~VfHOR-
IZING THE CITY MANAGER TO DO ALL Tttlf.<<~!*es;.
SARY TO CAARY OUT THE AllIS OF!THlSORDHifAHCEi
PROVIDI~FORANEFfECTJVEDATE. .
, :,; {'. ~':,._':_ ..-....,'" ,J:..", ',",~>:'.,~,'..:i, '.:: ,;"" ,::;-::'/
The proposed Ordinance may beinspec:ted by tf1e pIl*flPhe Office of
.tf1e City C)erk.192~ West Coulltry ClubD!iye,Avtrilura, FlOrida.
Interested parties may appear at~ Public Hearli1g~~heard with
respect to the proposed Ordinance. Any person w~iIlflJt)'~dress the
City CommissIOn on any itematlhis Public Hearingmay.(lo so after the
~ayor opens the public hearing. .
,,- " ',- ,--~" ,- ,'- ,,' ,'--;~:-:",'"
In accordancElwith the Americans with DISabilities'. Ad. bf 1990,
~II persons who are disabled and who need special accdJnqlodatkms to
participate in this proceeding because of that disabilitY.ahould' contact
the Office of th8 City Clerk; 305-46&'8901. not laterftltt:'tIlVo business
days prior to such proceedings. .
11 a person decides to appealanydeCi$~ made by tIt8 City Commission
with respect to ,any matter considcndllta meeting or hearing, that
person Will needll record Of!he proceedings and, forsuct)!purpose, may
need to ensure that~ verbatimrecorP oftheproceeding&1s.made,which
record includes the testimony and evidence upon which tI19 appeal is to
be based.
2/4
Teresa M. Soroka~ CMCCity Clerk
05-4-.181519441M