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04-04-2006 City Commission Susan Gottlieb, Mayor A 'Pte City of ~ventura Q City MIU161"T Eric M. Soroka, ICMA-CM Zev Auerbach Bob Diamond Billy Joel Harry Holzberg Michael Stern Luz U rbaez Weinberg CitvDerlc Teresa M. Soroka, MMC City Attornev Weiss Serota Helfman Pastoriza Cole & Boniske AGENDA APRIL 4, 2006 6 p.m. Government Center 19200 West Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. AGENDA: Request for Deletions/Emergency Additions 4. SPECIAL PRESENTATIONS: None. 5. ELECTION OF VICE MAYOR 6. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. A. APPROVAL OF MINUTES: March 7, 2006 Commission Meeting March 16,2006 Workshop Meeting B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA ACCEPTING AND ADOPTING THE ELECTION RESULTS OF THE MARCH 21, 2006 MUNICIPAL SPECIAL MAIL-IN BALLOT ELECTION, AS CERTIFIED BY THE CANVASSING BOARD AND ATTACHED HERETO; PROVIDING AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATIONS; 01-0103-068, 01-0103-069, 01-0103-070, FOR PROFESSIONAL ENGINEERING SERVICES TO PERFORM TRAFFIC STUDIES BY AND BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON & ASSOCIATES FOR THE TOTAL AMOUNT OF $48,200.00; AUTHORIZING THE _....-y-.,.._~ April 4, 2006 Co.....:..... MeeliDc CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. D. MOTION AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE PROPOSED PERFORMING ARTS CENTER PHASE I ACTION PLAN IN ACCORDANCE WITH MEMORANDUM DATED MARCH 30, 2006. E. MOTION TO ELECTRICAL AUTHORIZING SOLE BIDDER REJECT ALL BIDS TENDERED FOR MAINTENANCE SERVICES AND CITY MANAGER TO NEGOTIATE WITH F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA APPROVING AN EXTENSION OF TIME TO RECORD THE MARINA DEL REY SECOND REVISED FINAL PLAT, BEING A REPLAT OF A PORTION OF TRACT N OF MARINA DEL REY REVISED, PLAT BOOK 144, PAGE 89, LYING IN THE SOUTH Y, OF SECTION 3 TOWNSHIP 52 SOUTH, RANGE 42 EAST, CITY OF A VENTURA, MIAMI- DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. G. MOTION AUTHORIZING THE APPROPRIATION OF UP TO $100,000 FOR E-911 SYSTEM EQUIPMENT & BUILD-OUT FROM THE POLICE FOREITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. 7. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS ~ Please be advised that the following items on the COrrnnlssion's agenda are quasi~judicial in nature. If you wish to object or comment upon any of these items. please inform the Mayor when he requests public corrunents. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affinnation. 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 pennitted 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 he obtained from the Clerk. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING ALTERNATE BUILDING LAYOUT DESIGN AS BEING IN COMPLIANCE WITH CONDITION CONTAINED IN SECTION 2 "WAIVER GRANTED" OF CITY RESOLUTION NO. 2006-08 GRANTING MORATORIUM WAIVER APPLICATION FOR LINCOLN POINTE PROPERTY CONSISTING OF 8.77 "' ACRES LOCATED AT 17900 NORTHEAST 31ST COURT IN THE CITY 2 _.""........m.~ April 4, 2006 (',.....:..... MeeliDc OF A VENTURA; PROVIDING FOR A RESIDENTIAL TOWER BUILDING OF A WIDTH WHICH IS GENERALLY NOT TO EXCEED FOUR HUNDRED (400') FEET, WITH A HEIGHT NOT TO EXCEED THIRTY FIVE (35) STORIES, FOR THE REDEVELOPMENT OF LINCOLN POINTE; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. 8. ORDINANCES: FIRST READING/PUBLIC INPUT: AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA; AMENDING THE CITY CODE BY AMENDING CHAPTER 14 "BUILDINGS AND BUILDING REGULATIONS", AT ARTICLE V "CONSTRUCTION SITES", BY AMENDING SECTION 14-100 "SECURING OF CONSTRUCTION SITES"; TO REVISE TITLE OF SECTION 14-100 TO BE "SECURING OF CONSTRUCTION SITES; OTHER RESTRICTIONS"; REVISING EXISTING REGULATIONS CONCERNING CONSTRUCTION SITES TO CONFORM TO MIAMI-DADE COUNTY CODE REFERENCE AND ADDING ADDITIONAL PROVISIONS CONCERNING ENFORCEMENT AND PENALTIES, PARKING OF CONSTRUCTION WORKER VEIDCLES, PROTECTION OF PUBLIC ROADWAYS AND RIGHT OF WAY, ENFORCEMENT OF NOISE REGULATIONS, AND ESTABLISHING REQUIREMENTS FOR JOB SITE MAINTENANCE, COMPLIANCE WITH JOB-SITE PLAN, AND OTHER PURPOSES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. 9. PUBLIC HEARING: ORDINANCES: SECOND READING: None. 10. RESOLUTIONS - PUBLIC HEARING: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AMENDING RESOLUTION NO. 96-39 WHICH PROVIDED A FEE SCHEDULE FOR ENGINEERING AND PUBLIC WORKS INSPECTION PERMIT AND REVIEW; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. 11. REPORTS 12. PUBLIC COMMENTS 3 Api). 4, 2006 (.1......:...11Io Meecio& 13. OTHER BUSINESS: None. 14. ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS COMMISSION WORKSHOP APRIL 20, 2006 9 A.M. COMMISSION MEETING MAY 2, 2006 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. 305-466-8901. not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and. for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466- 8901. 4 A~ . '\..~~..y MINUTES CITY COMMISSION MEETING MARCH 7, 2006 - 6 PM Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan Gottlieb at 6:00 p.m. Present were Commissioners Zev Auerbach, Bob Diamond, Harry Holzberg, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Billy Joel, Mayor Gottlieb, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Led by Jonathan Evans. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: None. 5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Commissioner Diamond, seconded by Vice Mayor Joel, unanimously passed and the following action was taken: A. The minutes of the February 7, 2006 Commission Meeting and February 16,2006 Workshop Meeting were approved. B. Resolution No. 2006-12 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 06-2-17-22, LANDSCAPE & IRRIGATION IMPROVEMENTS FOR NE 207 ST & MYSTIC POINTE DRIVE TO LUKE'S LANDSCAPING, INC. AT THE BID PRICE OF $129,135.05; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. C. Resolution No. 2006.13 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 06-2-21-2, LANDSCAPE MATERIAL PROCUREMENT AND DELIVERY FOR HURRICANE LANDSCAPE RESTORATION TO LUKE'S LANDSCAPING, INC. AT THE BID PRICE OF $725,618.00; 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. Resolution No. 2006-14 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AN EXTENSION OF TIME TO RECORD THE "UPTOWN MARINA LOFTS" FINAL PLAT, BEING A REPLAT OF A PORTION OF TRACT N OF MARINA DEL REY REVISED, PLAT BOOK 144, PAGE 89 AND A PORTION OF THE SOUTH'!. OF SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. E. Resolution No. 2006-15 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AN EXTENSION OF TIME TO RECORD THE "ATRIUM AT AVENTURA" FINAL PLAT, BEING A PORTION OF 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, PAGE 89, CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. F. Resolution No. 2006-16 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING FIRST AMENDMENT TO SETTLEMENT AGREEMENT BETWEEN SHEFAORlTARRAGON, LLLP, AND THE CITY OF AVE NTU RA, CONCERNING 8.77 ACRE :t PARCEL OF LAND LOCATED AT 17900 NORTHEAST 31ST COURT IN THE CITY OF AVENTURA, COMMONLY KNOWN AS THE LINCOLN POINTE PROPERTY; AUTHORIZING EXECUTION OF FIRST AMENDMENT TO SETTLEMENT AGREEMENT; AUTHORIZING IMPLEMENTATION OF FIRST AMENDMENT TO SETTLEMENT AGREEMENT; PROVIDING FOR EFFECTIVE DATE. 2 6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the Connnission's agenda are quasi.judicial in nature. If you wish to object or comment upal any of these items, please infonn the Mayor when he requests public corrunents. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, inc1udingpublic testimony and evidence, will be made under oath or affirmation. Additionally, each persoo 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 wiblesses, but the public may request the Conunission to ask questions of staff or wiblesses 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. Ex-parte communications by Commissioners, if any, were disclosed and filed with the City Clerk in accordance with City Code Section 34. All witnesses giving testimony in these hearings were sworn in by City Clerk Teresa M. Soroka. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA CONCERNING CONDITIONAL USE APPROVAL TO PERMIT THE CONSTRUCTION OF A MARINA AND DRY DOCK BOAT STORAGE BUILDING WITH A HEIGHT OF 122 FEET IN THE TC2, TOWN CENTER MARINE DISTRICT, WHERE A MAXIMUM HEIGHT OF 4 STORIES OR 50 FEET IS PERMITTED BY CODE; VARIANCE FROM SECTION 31-145(c)(10) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT A VIEW CORRIDOR OF 15 FEET WHERE A 66.76 FOOT VIEW CORRIDOR IS REQUIRED BY CODE; VARIANCE FROM SECTION 31-221(1)(2) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT A BUFFER STRIP OF 5 FEET, WHERE A MINIMUM 7' WIDE BUFFER STRIP IS REQUIRED BY CODE; AND VARIANCE FROM SECTION 31- 171(a)(7) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO PERMIT A PARKING SETBACK OF 0 FEET WHERE A MINIMUM 10 FOOT PARKING SETBACK IS REQUIRED BY CODE FOR PROPERTY LOCATED AT 2890 NE 187 STREET, CITY OF AVENTURA, FLORIDA; PROVIDING AN EFFECTIVE DATE. A motion for consideration was offered by Vice Mayor Joel and seconded by Commissioner Auerbach. Planning Director Joanne Carr explained the request of the applicant and entered the staff report into the record. The following individuals addressed the Commission: Cliff Schulman, 1221 Brickell Avenue and Andrew Sterner, representing the applicant; Antonio Cantorini, 2821 NE 185th Street, #408; Scott Grossman, 2941 NE 185th Street #1303; Donna Benson, 33 NE 191$1 Street; Carlos Cartalun, representing Terzetto; Lisa Knapp, Hidden Bay; Shell Asilla, Aventi resident; Ezra Scrimanage, Aventi; Aventura Lakes Resident (name not audible);Sophia Huwino, 7000 Island Blvd.; Arthur Barr; Rev. Will Keyser; Barry Weber, 525 Palm Drive, Hallandale Beach; Phil Bova, 2800 Island Boulevard; Nadres Montejo, President, Aventi Homeowners Assosciation; Gi Bendatta, Aventi; Mark Salz, architect representing applicant. 3 --.....--r-....- There being no further speakers, the public hearing was closed. At the request of the applicant, this application was withdrawn. 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 COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2005-13 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2005/2006 FISCAL YEAR BY REVISING THE 2005/2006 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Holzberg, and seconded by Vice Mayor Joel. Mayor Gottlieb opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2006-04 was enacted. 9. RESOLUTIONS - PUBLIC HEARING: None. 10. OTHER BUSINESS: None. 11. PUBLIC COMMENTS: None. 12. REPORTS As submitted. 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 8:30 p.m. Teresa M. Soroka, MMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and. for such purpose. may need to ensure that a verbatim record of the proceedings Is made. which record includes the testimony and evidence upon which the appeal Is to be based. 4 A~ C~ ci nventilra ~ ~ MINUTES COMMISSION WORKSHOP MEETING MARCH 16,20069 A.M. Aventura Government Center 19200 w. Country Club Drive Aventura, Florida 33180 CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan Gottlieb at 9 a.m. Present were Commissioners Zev Auerbach, Bob Diamond, Harry Holzberg, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Billy Joel, Mayor Gottlieb, City Manager Eric M. Soroka, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 1. PERFORMING ARTS CENTER CONCEPT: (City Manager): The City Manager presented a powerpoint presentation outlining the concept of a performing arts center. CITY MANAGER SUMMARY: Consensus to move forward with implementation of Phase 1 . 2. TOWN MEETING AT POINT EAST (Commissioner Auerbach): Commissioner Auerbach suggested that the Commission hold a town meeting at Point East to respond to recent concerns by residents. CITY MANAGER SUMMARY: No action taken. 3. ADDITIONAL CONSTRUCTION REGULATIONS (City Manager): Commission reviewed a proposed ordinance drafted by the City Attorney providing for additional construction regulations. CITY MANAGER SUMMARY: Consensus to proceed with first reading at April meeting. 4. REVIEW OF ANNUAL CALENDAR: (City Manager) Mr. Soroka reviewed the proposed schedule of meetings for 2006. CITY MANAGER SUMMARY: Consensus to approve, with amendment to change June Workshop meeting to June 8. 5. HURRICANE PREPAREDNESS UPDATE (City Manager) Mr. Soroka updated the Commission on steps taken by the City to prepare for the upcoming hurricane season. CITY MANAGER SUMMARY: No action necessary. 6. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 11 :40 a.m. Teresa M. Soroka, MMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 2 CITY OF AVENTURA OFFICE OF THE CITY CLERK MEMORANDUM TO: DATE: City Commission ra",,,, M. Soroka, MMC, C;ty ~ " March 29, 2006 FROM: SUBJECT: March 21, 2006 Special Election Results April 4, 2006 City Commission Meeting Agenda Item....!!:. b Recommendation It is recommended that the City Commission adopt the attached resolution concerning the special charter amendment election of March 21, 2006. Backaround Pursuant to Section 26-1 of the City Code, the City Clerk shall present a certification of election results to the City Commission for adoption by resolution at the next meeting following the election. The attached resolution submitted for your approval declares that both questions on the ballot were approved by the City's electorate. Should you have any questions. please contact me. /tms attachments RESOLUTION NO. 2006-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ACCEPTING AND ADOPTING THE ELECTION RESULTS OF THE MARCH 21, 2006 MUNICIPAL SPECIAL MAIL-IN BALLOT ELECTION, AS CERTIFIED BY THE CANVASSING BOARD AND ATTACHED HERETO; PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 21, 2006, a Municipal Special Mail-In Ballot Election was held in the City of Aventura as a result of the recommendations of the Aventura Charter Revision Commission; and WHEREAS, Section 26-1 of the Aventura City Code provides that the City Clerk shall present a certification of election results to the City Commission at the first meeting of the City Commission following the election; and WHEREAS, the Canvassing Board has canvassed and certified the election results and this Commission wishes to adopt the election results as certified by the Canvassing Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The results of the March 21, 2006 Municipal Special Mail-in Ballot Election, as certified by the Canvassing Board and attached hereto, indicating that the proposed two Charter amendments were approved by the electors, are hereby adopted. Section 2. This Resolution shall become effective immediately upon its adoption. , who and The foregoing Resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Harry Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez-Weinberg Mayor Susan Gottlieb Resolution No. 2006-_ Page 2 PASSED AND ADOPTED this 4th day of April, 2006. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK CITY A ~ ~~ ~ ll~" el'~ 0& S ~~~ CITY OF AVENTURA CERTIFICATE OF CANVASSING BOARD STATE OF FLORIDA COUNTY OF MIAMI-DADE We, the undersigned, Circuit Court Judge ISRAEL REYES, LESTER SOLA, Supervisor of Elections, Miami-Dade County Elections Department, and TERESA M. SOROKA, MMC, City Clerk, constituting the Board of Canvassers in and for the City of Aventura, do hereby certify that we met on the 22nd day of March, 2006 and proceeded to publicly canvass the votes cast for the charter amendment mail-in ballot election held on the 21st day of March, 2006, as shown by the return on file in the Office of the City Clerk. We do hereby certify from said returns as follows: Question 1. Requirement for Break in Service as Mayor or Commissioner. The City Charter currently provides for a limitation on the consecutive length of service as Mayor or Commissioner, but does not specify any required break in service before resuming office. It is proposed that the Charter be amended to provide for a four year break in service before a person may again serve as Mayor or Commissioner, once the maximum length of consecutive service has been reached. Shall the above-described Charter Amendment be adopted? 3,141 Yes 873 No Question 2. Elimination of Run Off Elections for Mayor and Commissioner. The City Charter currently provides for both general elections and run off elections for Mayor and Commissioner. It is proposed that the Charter be amended to eliminate run off elections and to revise the method of election from a majority vote requirement to a system by which the candidate for Mayor or a Commission seat who receives the most votes in the general election is elected. Shall the above-described Charter Amendment be adopted. 2,559 Yes 1 ,425 No We further certify that this certification includes all valid votes cast in this election. URA CANVASSING BOARD Date Certified: March 22, 2006 Grand Totals Node 5 13:23,49 22-Mar-2006 OFFICIAL SPECIAL CHARTER AMENDEMENT AVENTURA, FLORIDA MARCH 21, 2006 Page PRC CNTD <OF 1) REGISTERED VOTERS BALLOTS COUNTED - TOTA - TOTAL TOTAL Total Percent 1 100.00 o 4,055 Question 1 (Vat.. -for ) YES/Sl NO/NO 3,141 873 4,014 2 39 QuestIons (Vote for YES/S1 NO/NO 2 ) 1 33 34 Total Ove,'votes Undervotes 2,559 1,425 3,984 3 68 78.25 21.75 100.00 64.23 35.77 100.00 ;J- (tfl' 1 CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: DATE: City Commission . _ C Eric M. Soroka, ICMA-CM, c~\age.r ~ Robert M. Sherman, Director of Com nity servi~ March 20, 2006 FROM: BY: SUBJECT: Craven Thompson Work Auth No. 01-0103-68, 01-0103-69 and 01-0103-70 To Perform Traffic Studies April 4, 2006 City Commission Meeting Agenda Item JLc... Recommendation: It is recommended that the City Commission adopt the attached resolution authorizing the City Manager to execute the attached Work Authorizations, Numbers 01-0103-68, 01-0103-69 and 01-0103-70 from Craven Thompson & Associates, Inc. to perform three traffic engineering studies for the total amount of $48,200.00. Backaround: The attached Work Authorizations represent response to the Traffic Advisory Board's recommendations. Here is a summary of the attached Work Authorizations and their related costs: 1. Work Authorization No. 01-0103-068: Traffic Engineering Study and Report relative to Williams Island Road from NE 2ih Avenue to Biscayne Boulevard and all intersecting streets to determine if U-turns can be eliminated and additional right-of-ways be obtained to provide more turning lanes onto Biscayne Boulevard and limit turn movements at intersections. This project will cost $12,900.00 and take 105 days to complete. 2. Work Authorization No. 01-0103-069: Traffic Engineering Study and Report relative to determining if additional right-of-way could be obtained at all eastlwest road intersections with Biscayne Boulevard to provide more turning lanes. Study elimination of on-street parking on NE 18ih Street to provide for additional lanes. This project will cost $23,500.00 and take 135 days to complete. City Commission March 20, 2006 Page 2 3. Work Authorization No. 01-0103-070: Traffic Engineering Study and Report relative to studying and evaluation of NE 203rd Street east of the flyover and intersection of NE 29th Avenue and NE 203rd Street to improve turning movements, traffic flow and to reduce confusion throughout the intersection. This project will cost $11,800.00 and take 105 days to complete. RMS/gf Attachments RMS06014 RESOLUTION NO. 2006-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATIONS; 01-0103-068, 01-0103-069, 01-0103- 070, FOR PROFESSIONAL ENGINEERING SERVICES TO PERFORM TRAFFIC STUDIES BY AND BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON & ASSOCIATES FOR THE TOTAL AMOUNT OF $48,200.00; 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 to execute the attached Work Authorizations No. 01-0103-068, 01-0103-069, 01-0103-070 from Craven Thompson & Associates to perform traffic studies for Biscayne Boulevard, Williams Island Road, and NE 203rd Street for the total amount of $48,200.00. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Harry Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb Resolution No. 2006-_ Page 2 PASSED AND ADOPTED this 4th day of April, 2006. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK CITY A .-._----_..........._~.....,....-------.,.._- WORK AUTHORIZATION NO. 01-0103-068 The City of Aventura has requested Work Authorization No. 01-0103-068 as provided for in the Agreement between the City of Aventura and Craven Thompson and Associates, Inc. and approved by the City Commission on July 3, 2001. This Work Authorization No 01-0103-068 provides for technical services in accordance with Articles 3, 4, 6, 7 and 8 of the Agreement as further detailed in the scope of services in Exhibit A. Payment for such services shall be in accordance with Article 5 of the Agreement. 1. Traffic El1l!:ineering Studv and Reoort (Task No. 34110) . Williams Island Blvd from NE 27th Avenue to Biscayne Blvd. ................$6,500.00 2. Coordination with City (Task No. 34140) .....................................................$1,000.00 Total Traffic Engineering Study and Report Phase.........................................$7,5oo.oo Reimbursable Exoenses (Task Code 34100) Printing, Graphics, Communications......... .......... ................................... ................. $400.00 Traffic Counts.......................................................... ............................................ $5,000.00 Total Reimbursable Expenses............................................................................ $5,400.00 Total Estimated Labor Expenses are..................................................................... $7,500.00 Total Estimated Reimbursable Expenses are......................................................... $5,400.00 The time period for this work authorization will be: lnspectionJInvestigation Phase.................................. 75 Days Report Phase ............................................................30 Days CITY: ATIEST CI1Y OF A VENTURA, FLORIDA through its City Manager BY BY City Clerk City Manager Teresa M. Soroka. MMC Eric M. Soroka. ICMA-CM APPROVED AS TO FORM day of ,2006 BY Notice to Proceed _ Yes No City Attorney Weiss Serota & Helfinan, P.A. Project Initiation Date RECOMMENDED through its Director of Community Services BY Director of Community Services Robert M. Sherman. CPRP day of ,2006 Exhibit A Consultant shall perform traffic engineering studies in response to the traffic-related issues raised by the City's Traffic Advisory Board. Field research and/or traffic counts will be performed as necessary to properly evaluate each specific study area. Upon completion of our research and evaluation an engineering study/report will be prepared and submitted to the City. The study/report will address each specific traffic-related issue raised by the Traffic Advisory Board. Consultant will coordinate with City on the results and recommendations of the study/report. Traffic engineering services will be performed by our subconsultant, Tinter Associates, Inc. Work Authorization No. 01-0 I 03-068 shall address the following traffic related issue: . Study and evaluate the traffic patterns and turning movements on Williams Island Boulevard from NE 27th Avenue to Biscayne Boulevard. Consultant will review existing geometry, lane widths, access points and right-<>f-way and recommend modifications to improve overall traffic flow within this area. WORK AUTHORIZATION NO. 01-0103-069 The City of Aventura has requested Work Authorization No. 01-0103-069 as provided for in the Agreement between the City of Aventura and Craven Thompson and Associates, Inc. and approved by the City Commission on July 3,2001. This Work Authorization No 01-0103-069 provides for technical services in accordance with Articles 3, 4, 6, 7 and 8 of the Agreement as further detailed in the scope of services in Exhibit A. Payment for such services shall be in accordance with Article 5 of the Agreement. 1. Traffic Fn";neerinl! Studv and ReDort (Task No. 34110) . East/West Intersections Along Biscayne Blvd. and NE 187''' Street On-Street Parking................................................................................................. $16,500. 00 2. Coordination with City (Task No. 34140) .....................................................$1,500.00 Total Traffic Engineering Study and Report Phase.......................................$18,OOO.00 Reimbursable Exuenses (Task Code 34100) Printing, Graphics, Communications ....................... ................................................ $500.00 Traffic Counts... ......................... .................................. ........................................ $5,000.00 Total Reimbursable Expenses............................................................................ $5,500.00 Total Estimated Labor Expenses are................................................................... $18,000.00 Total Estimated Reimbursable Expenses are......................................................... $5,500.00 The time period for this work authorization will be; lnspection/Investigation Phase................................ 105 Days Report Phase ............................................................ 30 Days CI1Y: ATTEST CIlY OF A VENTURA, FLORIDA through its City Manager BY BY City Clerk City Manager Teresa M. Soroka. MMC Eric M. Soroka. ICMA-CM day of .2006 APPROVED AS TO FORM BY Notice to Proceed_ Yes No City Attorney Weiss Serota & Helfman, P.A. Project Initiation Date RECOMNffiNDEDtlrroughm Director of Community Services BY Director of Community Services Robert M. Shennan. CPRP day of ,2006 Exhibit A Consultant shall perform traffic engineering studies in response to the traffic-related issues raised by the City's Traffic Advisory Board. Field research and/or traffic counts will be performed as necessary to properly evaluate each specific study area. Upon completion of our research and evaluation an engineering study/report will be prepared and submitted to the City. The study/report will address each specific traffic-related issue raised by the Traffic Advisory Board Consultant will coordinate with City on the results and recommendations of the study/report. Traffic engineering services will be performed by our subconsultant, Tinter Associates, Inc. Work Authorization No. 01-0103-069 shall address the following traffic related issue: · Review all east/west roadway intersections along Biscayne Boulevard to determine if modifications can be made to increase turn lane widths and/or lengths in order to improve the turning movements at these intersections. The research will include the feasibility of obtaining additional right-of-way to add or widen turn lanes. The study for this task will also include an evaluation of the existing on-street parking along NE 187th Street to determine the feasibility of eliminating the on-street parking in an effort to increase the number of traffic lanes. WORK AUTHORlZA nON NO. 01-0103-070 The City of Aventura has requested Work Authorization No. 01-0103-070 as provided for in the Agreement between the City of Aventura and Craven Thompson and Associates, Inc. and approved by the City Commission on July 3,2001. This Work Authorization No 01-0103-070 provides for technical services in accordance with Articles 3, 4, 6, 7 and 8 of the Agreement as further detailed in the scope of services in Exhibit A. Payment for such services shall be in accordance with Article 5 of the Agreement. 1. Traffic Engineering Studvand Reoort (Task No. 34110) . Intersection ofNE 29th Avenue and NE 203rd Street................................$5,500.00 2. Coordination with City (Task No. 34140) .....................................................$1,000.00 Total Traffic Engineering Study and Report Phase.........................................$6,5oo.oo Reimbursable Exoenses (Task Code 34100) Printing, Graphics, Communications......... .................................. .......... .................. $300.00 Traffic Counts .......................................... ............................................................ $5,000.00 Total Reimbursable Expenses............................................................................ $5,300.00 Total Estimated Labor Expenses are................................,.................................... $6,500.00 Total Estimated Reimbursable Expenses are......................................................... $5,300.00 The time period for this wOIk authorization will be: Inspection/Investigation Phase..............,................... 75 Days Report Phase ............................................................ 30 Days CITY: ATTEST CITYOFAV:IDIT~FLOroDA through its City Manager BY BY City Clerk City Manager Teresa M. Soroka. MMC Eric M. Soroka. ICMA-CM day of .2006 APPROVED AS TO FORM BY Notice to Proceed_ Yes No City Attorney Weiss Serota & Helfinan, P.A. Project Initiation Date RECOMMENDED through its Director of Community Services BY Director of Community Services Robert M. Sherman. CPRP day of ,2006 Exhibit A Consultant shall perform traffic engineering studies in response to the traffic-related issues raised by the City's Traffic Advisory Board. field research and/or traffic counts will be performed as necessary to properly evaluate each specific study area. Upon completion of our research and evaluation an engineering study/report will be prepared and submitted to the City. The study/report will address each specific traffic-related issue raised by the Traffic Advisory Board. Consultant will coordinate with City on the results and recommendations of the study/report. Traffic engineering services will be performed by our subconsultant, Tinter Associates, Inc. Work Authorization No. 01'{)103-070 shall address the following traffic related issue: . Study and evaluate the intersection of NE 29th Avenue and NE 203m Street to improve tuning movements and traffic flow and to reduce confusion throughout the intersection. Consultant sball follow-up and coordinate with fDOT as it relates to the Biscayne Boulevard overpass and underpass and any previous studies performed by that agency. Traffic Advisory Board Recommendations The City Commission reviewed the recommendations and agreed to study the following items: . Williams Island Road from NE 28th Avenue to Biscayne Blvd. and all intersecting streets to determine if U-turns can be eliminated and additional right-of-way obtained to provide more turning lanes onto Biscayne Blvd. and limit turn movements at intersections. . Determine if additional right-of-way could be obtained at all eastlwest roads intersecting with Biscayne Blvd. to provide more turning lanes. Study elimination of on-street parking on 187th Street to provide for additional lanes. . Request FOOT to study NE 203rd Street east of f1yover to recommend improvements to eliminate confusion and safety concerns; and Point East Blvd.lBiscayne Blvd. intersection. . City Attorney to continue research regarding regulation of construction personnel parking. Annual Report Complete. Preoare Quarterlv Newsletter. Complete. Issued to the residents in early February. Leaislative Proaram and Priorities Complete. Villaae at Gulfstream Parle ORl This is a project involving the redevelopment of the Gulfstream Racetrack property in the City of Hallandale Beach. Special Counsel and the City staff continue to monitor this project. Periodic updates have taken place at various Workshop Meetings. City staff continues to work with the City of Hallandale to address traffic issues. Mall Traffic Studv In Process. The representatives of the Aventura Mall, City traffic consultants and the City staff met again since the last report to jointly study traffic flow in and around the Mall. The following is a summary of the meetings: . The modifications to the Biscayne Boulevard entrance and exits were agreed to by the parties on the advice of our Traffic Engineer. They will be a condition of City Manager Briefing Report 2 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, ICMA-CM, C" TO: City Commission DATE: March 30, 2006 SUBJECT: Proposed Performing Arts Center Phase I Action Plan April 4, 2006 City Commission Meeting Agenda Item ~ RECOMMENDATION It is recommended that the City Commission adopt a motion to authorize the City Manager to proceed with the proposed Performing Arts Center Phase I Action Plan. This matter was discussed at length at the March Workshop Meeting whereby a consensus was reached to proceed with Phase I. BACKGROUND Attached is the copy of the presentation that was discussed at the March Workshop Meeting. Phase I of the Action Plan consists of the following components: . Authorize City Manager to obtain the services of a performing arts center consultant to develop operating budget and business plan. . Authorize City Manager to obtain the services of an architect to develop a detailed plan to prepare a more accurate construction budget. . Authorize City Manager to negotiate for additional property. If you have any questions, please feel free to contact me. EMS/act Attachment CC01475-06 __"~___.,__._'____....... _,_..n_ -a fD ~ III a n-. o~ ~ca n~ -3:1 ..tn n fD ~ .. fD III ~ ~ ~ ~ ~ 1;'" ;::i 51 ~ ~ :_"'}~ . " ~~- ~ ~ (j ~ ~ ~ C'" ... ~ ~ \!'oI. ;::i ~ . . . . . . . s -""U ""U ~ 0 0 a --I en ~ "'0 ()"'O )> <0) a 3~~03::rco 3-0 ac a <co O() < coco CD occo~co < CD -- - ~ ~ 3 0 - ~ CD ~::::::I CD c:::: g- 0)::::::1 C ""0)> en 0. Ol3 3. 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N ..., --co ::J C/) COC/) I "'0 IDID ..., ..., o-~ o -- ..., ::J acc CO -- ::JC/) I"'+C/) CDC ..., CO - 0- '< 0- C '< -- ::J CC "'0 ..., o "'0 CO ;::+ '< o ..., - C/)(ji' COC/) <c --co (") m::o 1"'+" 0-0 0- C""""h ==0 a...., ~a 20 (") ::J I"'+C/) Cl"'+ ..., ..., co C - (") 1"'+ -- o ::J C/) C/) C co ;0 co < CD ::J C CD OJ o ::J a. s: ID ::J ID co co 3 co ::J 1"'+ . -0 ..., o '--- co (") 1"'+ C/) -- ::J C/) CD ;::+ co a. ::J 1"'+ o a - "'U z (D >C .. UI .. (D " en I ." :s- D) en (D - - ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0- a ~ ~. ~ CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM FROM: Eric M. Soroka, ICMA-CM, City M . servi~ TO: City Commission BY: Robert M. Sherman, Director DATE: March 20, 2006 SUBJECT: Bid No. 06-2-22-2 Electrical Maintenance Services April 4, 2006 City Commission Meeting Agenda Item ...b:.E: Recommendation: The City Commission adopt a motion to reject all bids for this service and authorize the City Manager to negotiate with the sole bidder, Horsepower Electric, Inc. to provide the services contained in the bid specifications to obtain the lowest possible pricing. Backaround: In accordance with the City's Purchasing Ordinance, bids for this project were solicited, advertised and opened on February 22, 2006. The bid was advertised in the local newspapers and via the internet on DEMANDSTAR. One bid was received from Horsepower Electric, Inc. at the following pricing: Hourly Overtime Master Electrician $98 $126 Joumeyman 59 87 Electrician's Helper 59 87 Bucket Truck $65 $65 Crane 75 75 Scissor Truck 55 55 Horsepower Electric, Inc. has been the City's electrical services contractor since March 2003. They provide all services required to maintain City street lights, facilities and buildings, as well as provide emergency services as needed. They have been reliable and competent and carry all the required insurance. City Commission March 20, 2006 Page 2 The bid prices, however, reflect a substantial increase over the hourly pricing contained in their current contract. If we can successfully negotiate a price with this firm, it will be placed on the May City Commission agenda for adoption. If we cannot successfully negotiate a price, we will re-bid this service. RMS/gf Attachment RMS06013 _..~.._..~--_.".- CITY OF AVENTURA BID NO. PAGE NO. 06-2-22-2 22 This is not an order ELECTRICAL MAINTENANCE SERVICE SPECIFICATIONS K. Bid Schedule: 1. Labor Rates: The following rates shall be the maximum rates the contractor will charge, including overhead, profit, bonds and other required costs. Title Supervisor: Master Electrician: ,Journeyman: Electrician's Helper: Reaular Hours ~MRr et~30am-5pm) $' , $.sq- '$ .sq- Overtime iAII O~\~~) $ \"2.."- $ 87- $ 87- 2. Eauioment Rates: The following rates shall be the maximum rates the contractor will charge, including overhead, profit, bonds and all other required costs. , Equipment Reaular Hours Overtime $(MOn~Jl:30am-~pm) ~~her times) $ 7~- $ 75- $ . ~&j- $ 55- Bucket Truck:-' Crane:- Scissor Truck- BIDDERS NAME: COMPANY NAME: II!.- "-'3,-G<"\-"2-- CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, IC City Manager ! Joanne Carr, AICFf' /I" Planning Director ~ . BY: DATE: March 27,2006 SUBJECT: Request of Camden Summit Partnership L.P. for extension of Final Plat Approval Marina Del Rey Second Revised (02-SUB-05 EXT) April 4, 2006 City Commission Meeting Agenda Item '" . r:: RECOMMENDATION It is recommended that the City Commission approve a resolution extending time to record the "Marina Del Rey Second Revised" Final Plat from November 9, 2005 to May 9, 2006. THE REQUEST The applicant, Camden Summit Partnership L.P., is requesting a six month extension of time to record the Final Plat for the subject property. The Final Plat was approved by the City Commission on November 9, 2004 by Resolution No. 2004-60. Section 31-78(i) of the City's Land Development Regulations requires that the owner either record the plat within twelve months of the date of approval or request from the City Commission, prior to expiration, one extension of no more than six months. The request for extension was made prior to expiry of the plat approval. (See Exhibit #1 for Letter of Intent dated November 8, 2005) BACKGROUND OWNER OF PROPERTY LOCATION OF PROPERTY Camden Summit Partnership, L.P. 3100 NE 190th Street (See Exhibit #2 for Location Map) SIZE OF PROPERTY Approximately 10.71 gross acres LEGAL DESCRIPTION A replat of a portion of Tract N of Marina Del Rey Revised (Plat Book 144, Page 89) lying in the south % of Section 3, Township 52 South, Range 42 East, City of Aventura, Miami-Dade County, Florida (See Exhibit #3 for full legal description) DESCRIPTION The applicant proposes to replat Tract N of the Marina Del Rey revised plat located on the south side of N.E. 190 Street to the east of the intersection of N.E. 190 Street and N.E. 29 Avenue. The property has already been developed with the multi-family apartment community known as the Summit Aventura. The Final Plat was approved by the City Commission on November 9, 2004 by Resolution No. 2004-60. (See Exhibit #4 for Resolution No. 2004-60 and Exhibit #5 for a reduced copy of the plat) The applicant is requesting a six month extension of time to record the plat, from November 9, 2005 to May 9, 2006. No change has been made to the plat boundaries since the Commission's previous approval in November of 2004. The applicant advises that recording of the final plat has been delayed due to time required for County review and signature and a recent merger to create the new ownership Camden Summit Partnership L.P. 2 Mar 27 06 04:55p Linda Crush 9545659333 p.2 Courtney Callahan Crush, P. A. Via Facsimile November 8,2005 Ms. Scarlet Tenen Senior Planner City of Aventura 19200 W Country Club Dr. Aventura, Florida 33180 Re: Marina Del Rey Final Plat (the "Final Plat") Dear Ms. Tenen: We represent Camden Summit Partnership L.P. ("Camden Summit") formerly known as Summit Properties Partnership L.P. regarding the Final Plat. Pursuant to Resolution No_ 2004-60 the Aventura City Commission approved the application for Final Plat on November 9, 2004. Section 31- 78(i) of the City of Aventura Land Development Regulations ("LDR's)requires plats be recorded in the public records of Miami-Dade County (the "County") within one (I) year of approval. Due to circumstances beyond our client's contro~ specifically the extensive amount of time the County has taken to process the Final Plat through its administrative and recording processes and recent merger of our client Camden Summit, the Final Plat has not been recorded. Our client believes that the recordation of the Final Plat will occur before the end of the extension period provided for in the LOR's. Therefore, pursuant to Section 31-78(i) of the City LDRs we request an extension of time to record the Final Plat of six (6) months. If you have any questions please do not hesitate to contact me. Sincerely Yours, ~._~ _..--~- Courtney ~. ~~ Crush cc: Chad Weaver Nat Barganier Sharon Aylward EXHIBIT #1 02-SUB-05 EXT 401 Eas'l Las Olas Boulellard, Sutte 1400. Fort Lculd~rdale, Florida, 33301 Teleph4ne ~S4..332.2407. Fac stmile 954.653.8159" Em. ail cc,ush@cru5"hlaw.com BROWARD COUmY ..-.-.-..... DADE COUNTY r .1 .. :'!I :" II :1 :1 ;. '1 ;. .1 ;. .1 :1 :1 ;. .1 :1 :1 IVES DAIRY RD. . :1 .1 :1 ;. :" '1 ;. ~ ," . .. :" , .1 , '" :" :" :- :- :- .. :. ;. :- :. ," . .1 , :" :" :" .1 . :" -" MIAMI J! GMOENS DR. . ~ B' j "I . ::"n'ft'~'nn';-;''::-'rVnl"'ft'''I'V"I"......~.r '~:-D'- - - INr/6rtll/lt v. 8 OR . ... Part '^. I' . . . I :i J .. . . '- . .~-- .: ::>~ " I " : I . :!J " . I ~ : ( .. . .It-...,- f r"i) t /.1 n [r :t :" -::!I !ij . /if " => . fj ". 8 '{~~: I I tr I" ~. "" tI.'lS'T1G I I I " . " " . . j'. I.' I __'-_ J _'oJ .. .--____0--.-" _0 __A._... ~ .....~..._._#~.... '.; ... ..lW. .....,"_. " I I " " " I " . " " " " . " " I ....~............~ .. L " . '- ...... ; \ : ....... t::;;, ~ ". I ~ ~.. r EXHIBIT #2 !! 02-5UB-GS EXT lL f1J AVENTURA ~~. !'WID Rue-lie ~d Sl<Jtion Ubrary 201 TEA. AI'en/UTa Mall 192 ST. ! w x i5 ~ l.<<hmann', FtuI/IQn . 1.land ~ ~ ST. Uttl. Maul. tAl--< MtIJIl. l.cIk< I ~ WATERWAYS a: o ctl 3 o >- ~. :>. 8 ,/". (-----j 188 ST. 192 ST. LEGEND g tIl Z ill 8 g ii! z ~ 8 AtfGnIic Dc",n e Roadways CIty Boundaly ZIP Code Boundary Railtoad ...... LEGAL DESCRIPTION ALL OF TRACT"N" of MARINA DEL REY REVISED, according to the Plat thereof, as recorded in Plat Book 144, Page 89, of the Public Records of Public Records of Miami- Dade County, Florida, less the following Described Parcel: Commence at the Northwest Corner of said Tract N; thence run S02024'12"E along the West line of said Tract N for 326.46 feet; thence run N87030'00"E along the South line of said Tract N for 211.62 to THE POINT OF BEGINNING; thence run S02030'00"E for 62.50 feet along the West line of said Tract N; thence run N87030'00"E along the South line of said Tract N for 1095.00 feet; thence run N02030'OO"W for 76.16 feet to a point on a line that is 76.16 feet North of, as measured at right angles to, and parallel to the South line of said Tract N; thence run S87030'00"W along said line for 204.23 feet; thence run N02030'OO"W for 11.20 feet to a point on a line that is 87.36 feet North of, as measured at right angles to and parallel to, the South line of said Tract N; thence run S87030'OO"W along said line for 785.15; thence run S02030'OO"E for 38.15 feet; thence run . S87030'00"W for 11.20 feet; thence run N02030'00'W for 13.29 feet to a line that is 62.50 feet North of, as measured at right angle to and parallel to, the South line of said Tract N; thence run S87030'OO"W along said line for 94.41 feet to the West line of Said Tract N and the POINT OF BEGINNING. EXHIBIT #3 02-SUB-oS EXT RESOLUTION NO. 2004-60 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING MARINA DEL REY SECOND REVISED, BEING A REPLAT OFA PORTION OF TRACT N OF MARINA DEL REY REVISED, PLAT BOOK 144, PAGE 89, LYING IN THE SOUTH Y. OF SECTION 3 TOWNSHIP 52 SOUTH, RANGE 42 EAST, CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, Summit Properties Partnership L.P. by and through Application No. 02-SUB-05, has requested Final Plat approval for Marina Del Rey Second Revised, being a replat of a portion of Tract N of Marina Del Rey Revised, Plat Book 144, Page 89, lying in the South Y:z of Section 3, Township 52 South, Range 42 East, 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 Marina Del Rey Second Revised, more particularly described as: Exhibit 4 02-5UB-OS- EXT Resolution No. 2004-60 Page 2 A replat of a portion of Tract N of Marina Del Rey Revised, Plat Book 144, Page 89, lying in the South Y. of Section 3, Township 52 South, Range 42 East, City of Aventura, Miami-Dade County, Florida more particularty 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 Auerbach, who moved its adoption. The motion was seconded by Commissioner Grossman, 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 Hany Holzberg Vice Mayor Ken Cohen Mayor Jeffrey M. Pertow yes yes yes yes yes yes absent from the room Resolution No. 2004-60 Page 3 PASSED AND ADOPTED this 9th day of November, 2004. ~~, APPROV D AS TO LEGAL SUFFICIENCY: CITY ATTORNEY in the Office of the City Clerk this /(J~ day of ~ , I I I illll i ' i I I , , I I . I ' I l I . I i I I I I I I 1~~ 111"(1 Ii Id. ~ iiil r = 1 ..q" ~ I I l'6 I P- i! 'i ill' fi I I . I I . I , I I "I Iii II i J I , I , i , , i' ~ it ~ ~ '" i I 1 , I ~ , +- ----::/ L.._, r------',.... " U !: I I~ "I i~ nl \ ~, I'I '--~ f1 " t\b-----J .... .------,r- . "I U II 1:11 I'I II I'I 4' Iii .. I I II C=U "I ee: ~----~-I- I ------2=' I -, d:=======~ : c-l I -, I I I I I I I I I III I II I I if I " I ----- I ___~ ] t ___,-__~=- ~-lJ L==== 1\ \ I :!!II r..irJr II n \1 :,. r R=-,::::.,::=-=-~~, I ----'!..--~ t I t: __, a I II I J . I ~ ~ . : I .. 1 I I I I I ii :1 I I I i i : I I I I \ , '- -. ........... Exhibit 5 02-5UB-OS-EXT I : I : I I I I t ....---.. ):. ;::> ~ ;0, tl ~..... ~:z r 0 ~ ~ Q.., 2'" ", I ~~:::: i;:! ", t~;; ~C :::tI I, ~.~ ~~ ~ I ~l · ~~:i ~~ C')! ~ ~ ~~ ~! 1(0 ~~ ~=<> ~ ::s :z o :2 (""\ 11....tIl~...f) II ~ ~ !!IIIIIIII '111111;111 I II II :z II ~~ l'l~ lii~ ~~~ ~iil. ~~I~ ~~ t"I ~! !;:U II;~ fll rJJ l!lt.:l!S ;~~g ~i~ il!~ ;e;~:$ i CR rJJ .!t.:I!S t::l ~ I I li Sl. .. ~.'~~."~~~"'~'.~PPP,~~ ';;'J~P~_pp~P~~~~~F~ II!IIIIIIIIIIIJIIIJIIII; III~I~IIIIIIIIIIIII; S{~~&=~~~I~~=ICiC~~=I~i l{fllllllfllll{IIIC ..~".~..,.,~.".",..~..,.,. ",.,~",~",..,. 1111111111111111111111111111; 1111111111111111; ~;~&~C~I~~I{~~&I&IIC~C~tCl'l Il~i~~ICiiji~'=ll ~"'J' 11111; l~lll I~ \; Ji1~..'il. . Ii) II !!IIIIIIII IIIIIII~'II I II II nr :l> ;:s ~ ;., o ~1'T1 ~<: ~8 (:I ~2: !!1:;::: :oI:~ n-, ., .. I'T1 I :...~ l:il~::O is"s.:'''':-I_ ~'t t;;~ 2: .....:-1...,.... C) ~ ~i ~~ :<;: ~c:: ~;., ~ ::s <: .L\ :.2 n ~i~ lI!~~ ~~~ ~II~ 1'S~t"'I ~ ! " li~~ floo ~If!l~ ~~~o il~ i!;~ maoo ~llIil t::l ~ I I Ii N !l. N RESOLUTION NO. 2006-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AN EXTENSION OF TIME TO RECORD THE MARINA DEL REY SECOND REVISED FINAL PLAT, BEING A REPLAT OF A PORTION OF TRACT N OF MARINA DEL REY REVISED, PLAT BOOK 144, PAGE 89, LYING IN THE SOUTH Yo OF SECTION 3 TOWNSHIP 52 SOUTH, RANGE 42 EAST, CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Summit Properties Partnership L.P. by and through Application No. 02-SUB-05, received Final Plat approval by Resolution 2004-60 passed by the City Commission on November 9, 2004; and WHEREAS, the applicant, Camden Summit Partnership L.P., is the current owner of the property; and WHEREAS, Section 31-78(i) of the City's Land Development Regulations requires that the owner either record the plat within twelve months of the date of approval or request from the City Commission, prior to expiration, one extension of final plat approval of no more than six months; and WHEREAS, the final plat has not been recorded and the owner has, prior to expiration, requested an extension of the approval for six months in order to complete the recordation; and WHEREAS, the City Commission heard, reviewed and duly considered the reports, findings and recommendations of the City Administration, and finds that the Resolution No. Page 2 extension of 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 Marina Del Rey Second Revised, more particularly described as: A replat of a portion of Tract N of Marina Del Rey Revised, Plat Book 144, Page 89, lying in the South Yo of Section 3, Township 52 South, Range 42 East, City of Aventura, Miami-Dade County, Florida more particularly described in Exhibit #2 to this resolution, Is hereby extended from November 9, 2005 to May 9, 2006. 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 Bob Diamond Commissioner Harry Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb Resolution No. Page 3 PASSED AND ADOPTED this 4th day of April, 2006. Susan Gottlieb, Mayor ATTEST: Teresa M. Soroka, MMC CITY CLERK APPROVE!, A~'C'ENCY CITY AlT RNEY ~ This Resolution was filed in the Office of the City Clerk this day of April, 2006. CITY CLERK Exhibit 1 to Resolution No. 2006- LEGAL DESCRIPTION ALL OF TRACT "N" of MARINA DEL REY REVISED, according to the Plat thereof, as recorded in Plat Book 144, Page 89, of the Public Records of Public Records of Miami- Dade County, Florida, less the following Described Parcel: Commence at the Northwest Comer of said Tract N; thence run S02024'12"E along the West line of said Tract N for 326.46 feet; thence run N87030'OO"E along the South line of said Tract N for 211.62 to THE POINT OF BEGINNING; thence run S02030'00"E for 62.50 feet along the West line of said Tract N; thence run N87030'OO"E along the South line of said Tract N for 1095.00 feet; thence run N02030'OO"W for 76.16 feet to a point on a line that is 76.16 feet North of, as measured at right angles to, and parallel to the South line of said Tract N; thence run S87030'OO'W along said line for 204.23 feet; thence run N02030'00'W for 11.20 feet to a point on a line that is 87.36 feet North of, as measured at right angles to and parallel to, the South line of said Tract N; thence run S87030'OO"W alon9 said line for 785.15; thence run S02030'OO'E for 38.15 feet; thence run . S87030'OO"W for 11.20 feet; thence run N02030'OO'W for 13.29 feet to a line that is 62.50 feet North of, as measured at right angle to and parallel to, the South line of said Tract N; thence run S87030'OO'W along said line for 94.41 feet to the West line of Said Tract N and the POINT OF BEGINNING. "-_.~._-~_.--_.--------_._-_._.._.. ~"-'-"'--'-'-"--'-"'-' ---. APPLICANT REPRESENTATIVE AFFIDAVIT Pursuant to Section 31-71 (b)(2)(i) of the City of Aventura land Development Code, this Applicant Representative Affidavit is hereby made and submitted. The undersigned authorized representative of the individual or entity applying for the Development Permit, which is identified in the accompanying application, and the owner of the property subject to the application (if different) hereby lists and identifies all persons representing the individual or entity applying for the Development Permit in connection with the application, as follows: Name Relationship (i.e. Attorneys, Architects. Landscape Architects, Engineers, Lobbyists, Ete.) Courtney Crush, Crush Law, PA Attorneys (Attach AddiIional Sheels If Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT REPRESENTATIVE AFFIDAVIT SHAll BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31-71(B)(2)(1V) 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 March ,20ct> AUTHORIZED REPRESENTATIVE OF APPLICANT: (Signature) ~WNER~S . -t Camden Partnership, By. ..~~ < (igQature) . Name:T. Nat Barganier (Print) Title: VP, Real Estate Investments LP By: Name: (Print) Title: Address: Address: 5100 W. Lemon St., Suite 209 Tampa, FL 33609 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me the undersigned authority personally appeared y Applicant and/or the owner of the property subjecl to the applicalion, who being first executed this Affidavit for the purposes stated therein and that it is true and correct C\l"l' ~v as the authorized representative of the y me duly sworn. did swear or affirm that he/she SWORN TO AND SUBSCRIBED BEFORE ME this3/. day of~"'Y"r ~ AFFIANT . 200<0 tv~~ Notary Public State of Florida At Large Printed Name of Notary Lv:":..."" S''''5 My commission expires: ~. I' 'l.ciJ7 .........\\\~Wp" William Aa Sims $<:>~<;'fnmm;.,"on# DD249266 ..~^~.. = . . ! . = Expires sep 11 2007 ;~~.. ~j . . "/'f' ()~~ Aaron Notary "",ft~,\;\\'''' 1~35Q.5161 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 (marl< with 'x' applicable portions only) 1<)11. 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: [1 i. Member of City Commission or Board holds an ownership interest in excess of 1% of total assets or capital stock of Applicant or Representative; [] ii. Member 01 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; 11 m. 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; I] 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; [1 vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS ~ DAY OF March ,201fi. APPLICANT: (Signature) (Print) (Print) By: Name: Title: WITNESS MY HAND THIS DAY OF ,200_. PROPERT~ rIz By' ~ ( j, Na'ma:/(' -;~ ~ Title: VP J R 1";:11 Rd-$It-p TnvPd- (Signature) (Print) (Print) 'The tenns "Business Relationship," "Client," "Customer," "Applicant," "Representative" and "Interested Person" are defined in Section 2-395 of the Aventura City Code. NOTARIZATION PROVISION ~ ----_.~_..-.-_-...."...-.---y.".- ""..--..--- ,..,..-" T STATE OF FLORIOA ) COUNTY OF "'--) Hi11sborough) Before me, the undersigned authority, personally appeared\."" tv-A.t ~r~ (it" Q.t1he Affiant, who being first by me duly sworn, did swear or affirm that he/she executed this Affidavit for the purposes stated therein and that it is true and correct. SWORN TO AND SUBSCRIBED before me this.3.L day of kA.. ~ l-I AFFIANT ,20r{o VJj1~ No~ry ~ublic State... of F~da At Large \..ow. \ \. AfV\ !1., ~~S Printed Name of Notary My commission expires: o"..\\'\;p.'i/~ wiLliam A. Sims t?Y-E--l,~co~on # DD249266 om' Ai~= Exp1reS Sep. 11. 2007 ~;?;..._.....,,~ Aaron Notary -""; {)~ '1:'1..(:)"" ] ..g()()"3SD-S161 1'11\1\ STATE OFFLORIDA ) COUNTY OF MIAMI-DADE) ________________________________________________________._.____n________________n__________________. Before me, the undersigned authority, personally appeared executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant, who being first by me duly sworn. did swear or affirm that he/she SWORN TO AND SUBSCRIBED before me this _ day at AFFIANT ,200_, Notary Public State of Florida At large Printed Name of Notary My commission expires: -------.------------.------.------------------------.--..--...-..-----------------------------------------------..-.........--.--- STATE OFFLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared executed this Affidavit for the purposes stated therein and that it is true and correct. the Affiant, who being first by me duly sworn, did swear or affirm thai he/she SWORN TO AND SUBSCRIBED before me this _ day of STATE OFFLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared executed this Affidavit for the purposes stated therein and that it is true and correct. AFFIANT ,200_, Notary Public State 01 Florida At Large Printed Name of Notary My commission expires: the Affiant, who being first by me duly sworn, did swear or affirm that he/she SWORN TO AND SUBSCRIBED before me this _ day of WITNESS MY HAND THIS _ DAY OF ---.....-_.....--r......-.. _.._...--.~..- AFFIANT ,200_, Notary Public State 01 Florida At Large Printed Name of Notary Iv'rycommission expires ,200_. @....-........ ::J:li,;! ~ ~~ ~.ft"'lfl',,~ BUSINESS RELATIONSHIP AFFIDA VIP XTh~ Affidavit is made pursuant to Section 31-71(b)(2)(,) of lhe City of Aventura Land Development Code. The undersigned Affiant hereby d~c1oses that (m with "x" applicable portions only) 1. Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which '. the application will be presented. [ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [l i. Member of City Commission Of Board holds an ownersh~ interest in excess of 1 % of total assets or capital stock of Applicant or Representative; [l ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation 'Nhich are not listed on any national or regional stock exchange) or joint venhlrer with the Applicant or Representative in any business venture; [I iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10.000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS fu DAY OF \""i0 erlc\r--. 200_ ~ WITNESS MY HAND THl$- By: Name: Hie: .200_ PROPERTY OWNER: By: Name: Hie: (Signature) (Print) (Print) 'The ferms "Business Relationship," "Client," "Cusfomer," "Applicant: "Representalive" and "Interested Person" are defined in Section 2-395 of the Aventura City Code. NOTARIZATION PROVISION STATE OF FLORIDA ) COUNTY OF 1.11.'111 n.nr-'p ~~().)AW Before me, the undersigned authority, personally appearec{IDlth,..etC C1..t.Xu the Affiant, who being first by me duly sworn, executed this Affidavit for the purposes stated therein and thai it is true and correct did swear or affirm thai he/she <'- l"" "'\. .~. ~Of":/ Notary PullIicSlaleofFIottda Jose Ramon Vega My Commission D[)41 0600 Expires 03/2312009 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared executed this Affidavit for the purposes stated therein and thai II IS true and correct the Affiant, who being first by me duly sworn, did swear or affirm that he/she AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of ,200_ Notary Public Slate of Florida At Large Pnnled Name of I\k)lary My commissIon expires STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personally appeared executed thiS AffidaVit for the purposes slaled therein and thai it is true and correct the Affiant, who being first by me duly sworn, did swear or affirm that he/she AFFIANT SWORN TO AND SUSSCRISED before me this _ day of ,200_ Notary Public Stale of FlOrida AI Large Printed Name of Notary My commission expires STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority, personaffy appeared executed this Affidavit for the purposes stated Ihereln and Ihatllls Irue and correct the Affiant, who being first by me dufy sworn, did swear or affirm that he/she AFFIANT SWORN TO AND SUBSCRIBED before me this _ <Ey af __,200_ Notary Public Slale of Florida AI Large Printed Name of Notary My commiSSion expires:__ WITNESS MY HAND THIS DAY OF .200_. . _,.,..--",,-_m_ CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM DATE: City Commission ,.,. .L Eric M. Soroka, ICMA-CM, C~I~t r March 9, 2006 TO: FROM: SUBJECT: Disbursement of Police Forfeiture Funds April 4, 2006 City Commission Meeting Agenda Item ~6 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 $100,000 for E-911 System Equipment & Build-Out from the Police Forfeiture Fund in accordance with the City Manager's memorandum". If you have any questions, please feel free to contact me. EMS/act Attachment ceo 1468-06 CITY OF AVENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM FROM: TO: DATE: March 1, 2006 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: E-911 system equipment & build-out $100,000 $100,000 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 E-911 system equipment, build-out, computer hardware and software - These funds would be used to purchase equipment and computer hardware and software related to the implementation of the City of Aventura E-911 system. CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission BY: Joanne Carr, AIC Planning Director FROM: Eric M. Soroka, I City Manager DATE: March 24, 2006 SUBJECT: Approval of Alternate Building Layout Design in compliance with Resolution No. 2006-08 granting Moratorium Waiver Application for Lincoln Pointe, 17900 NE 31 Court, Aventura (01-WA-06) April 4, 2006 City Commission Meeting Agenda Item 1 THE REQUEST The applicant, Shefaorrrarragon LLLC, is requesting approval of two alternate building layout designs pursuant to Section 2 of Resolution No. 2006-08 which granted the moratorium waiver application for the redevelopment of property known as Lincoln Pointe. (See Exhibit #1 for Letter of Intent and Exhibit #2 for Location Map) HISTORY OF THE PROJECT The property is currently comprised of a three story, 285 rental residential unit development built in 1991. The applicant submitted a site plan application on December 15, 2004, revised on February 14, 2005 to permit redevelopment of the property in accordance with the RMF4 zoning for a project consisting of 526 residential units, with 472 units in a 40 story tower and 54 townhouse units on top of a 3 level parking garage. On June 7, 2005, the City Commission passed Ordinance No. 2005-07 which imposed a moratorium on the issuance of development orders and development permits for residential and commercial properties within the City, located east of Biscayne Boulevard. This ordinance was passed to ensure that no development approvals or permits were issued while the City Commission was preparing the Evaluation and Appraisal Report (EAR) for the City's Comprehensive Plan and any resulting amendments to the Land Development Regulations. The site plan application made in December of 2004, revised in February of 2005, was under review at the time of the moratorium ordinance and therefore affected by the ordinance. The result is that the applicant was temporarily unable to redevelop the property from its current composition of apartment buildings into a multi family condominium and townhouse community as proposed in its site plan application. The moratorium ordinance provided that an applicant affected by the moratorium may either file an application to demonstrate vested rights or file an application for waiver from the moratorium for approval of a specific property based On criteria set out in the ordinance. Under the vested rights provisions of the moratorium ordinance, the applicant sought to demonstrate that it possessed vested rights to redevelop the property during the pendency of the moratorium. The application for vested rights was denied by the City Commission by Resolution No. 2005-48. The applicant then made application under the waiver provision of the moratorium ordinance which provides that the City Commission may, after a public hearing held pursuant to City Code, grant a waiver to the moratorium and authorize issuance of a development order for a specific building, where the City Commission determines that based upon substantial competent evidence, the following criteria are satisfied: 1. That the specific use or activity requested will not detrimentally affect the preparation and implementation of the Comprehensive Plan and LDR amendments; 2. That the specific use or activity will be compatible with surrounding land uses; and 3. That the specific use or activity will not impair the public health, safety or welfare. MORATORIUM WAIVER AND CONDITIONS The moratorium wavier application was granted after public hearing On February 2, 2006. (See Exhibit #3 for Resolution No. 2006-08) This Resolution provided that redevelopment shall be in accordance with the Settlement Agreement between the applicant and the City dated January 19, 2006 and with the further condition that the applicant present to the City Manager, on or before March 15, 2006, an alternative building layout design for acceptance and approval at the City Commission's discretion which provides for not more than 460 dwelling units and which includes a reconfiguration of the residential tower from a 900 foot width to a width generally not to exceed 400 feet and a height of 35 stories. These design criteria are also contained in the First Amendment to the Settlement Agreement dated February 3, 2006. In addition to the conditions above, the Settlement Agreement requires that the 460 dwelling units be comprised of at least 44 townhomes with exterior entrances and that the remaining 416 units be located in the tower building. 2 The applicant fulfilled the condition to present the alternative building layout design on or before March 15, 2006. Two alternative designs have been submitted for City Commission's consideration; one with a single vertical grouping of residential units and the other with two vertical groupings of residential units on a single pedestal. Plans showing the conceptual site layout, elevation and longitudinal section for each design are attached. The applicant's request is that both designs be approved by the City Commission in order that the applicant may submit either one of the designs for final site plan review and approval. The table below compares each of the designs to the design elements required by Resolution No. 2006-08, the Settlement Agreement of January 19, 2006 and its amendment of February 3, 2006. Design Element Required by Resolution & Settlement A reement Alternate Building Layout Design with Sin Ie Vertical Grou in Alternate Building Layout Design with Two Vertical Grou in s 460 dwelling units, 44 of 460 dwelling units, 31 of 460 dwelling units, 38 of which are townhouse units which are townhouse units which are townhouse units 35 stories 35 stories Width of Tower generally 405' tower width 400 feet 390'4" tower width As submitted, the plans comply with the height and width of tower required by Resolution No. 2006-08. The preliminary site analysis of each of the alternate building designs meets the lot coverage, open space, view corridor, setbacks and floor area ratio of the RMF4 zoning district and meets the parking requirements of the Code. Neither of the alternate desiqns meets the required element in the Settlement Aqreement of at least 44 townhouse units. The applicant has advised that it proposes to request at the April 4, 2006 public hearing that the City Commission authorize a further amendment to the Settlement Agreement to adjust the required townhouse component. Resolution No. 2006-08 provides that the City Commission review and action on these alternate building layout designs is to be determined by applying the same criteria which were applied in granting the Waiver Application pursuant to Resolution No. 2006- 08. Those criteria are: 1. That the specific use or activity requested will not detrimentally affect the preparation and implementation of the Comprehensive Plan and LOR amendments; 2. That the specific use or activity will be compatible with surrounding land uses; and 3. That the specific use or activity will not impair the public health, safety or welfare. 3 D TARRAGON SoUTH Development Corp. 200 E:ast Us 0Ia$ Bml.. Suite 1660 FOrt ~ FIorid2 33301 954.7U-2755. F= 954.7121255 ... . . . SHEFAOR .. o I V I , 0 ~'M ~ WT '18851 HE 29th Avenue-Suite 1011 Aventura, Florida 33180 305-935-.5050. F ali::305-4 6 6-660 6 March 9,2006 Joanne Carr, Planning Director City of A ventura 19200 West Country Club Drive 4th Floor A ventura, Florida 33 I 80 Exhibit #1 01-WA-06 Re: Lincoln Pointe Dear Ms. Carr: On behalf of Shefaorrraragon, LLP a Florida Liability Partnership, I am submitting herewith an alternative building layout design. This alternative building layout design is submitted in compliance with Section 2 of Resolution 2006-08, which granted the application of Shefaorrraragon for a waiver Moratorium of Ordinance No. 2005-07. Please sign below to indicate receipt of the alternative building layout design as required by Resolution 2006-08. Very truly yours, -:II' 01= A,illmn-=.i~ fr:J_d!~ City of Aventura FE, ,,, ,.. l;fit~/\ ~ :' 2DGL !,', _VElJ)~~~\,~:;'~ : . t~'\' ." .'" +,,:.; .' .' . i" .+ ~~jf: .~ ... ' BROWARD COUNTY .'_1_-_1_- '" DADE COUNTY" :, , :' .. :. :. :. ;. ., :. :. :. :. :. :. :. :. :. :. :. :. lVES DAIRY RD. :, .. :. ;. .. :. ;. :' :' :' :' :' .. ;. :. :. ,. ;. :' :. :. :' :. :. :, :. :. :. :, :' .. i- .. f. ~ I W X 5 s: MIAMI GARDENS DR. " - - ~ 'r\;'"~L-=-':-:-.':-:'.-= '\ __._ _ _ 'ftn'rrll'l'l~n'"~.~ Gulfs/rram YAC T L B DR ' Park .-\"/'/l//IId U".lp;/(I{ &: ."'('clintl iiJ' ((,IIf{'/" ~ Clf (J f:J it) w ~ ~ The ro 205 Promenade Shops 203ST. ------/) , (;,; I~ \. I '" , l '" l _.- ~\ Watcrwan WATERWAYS BLVD-! Shopp<s 207 ST. 192 ST. COUNTRY CLUB DR. 191 ST. , , . . . . . . , , , . I I " . S I -'- I !( I /jj : <: I g I "" I I I ft. I ? "" I I . I . I I I 33180 "" I _._e_._._._._._._._._._.--. ' 1 5 T 33 60 "" I I I . I . I .... .: . ..~:_\ fI'; . . . .". .' I I ~!~:..f.~~ .':." ~O> N 201 TER. a' o m ::J -' () >- a: !;;! ::J' o () AVENTURA ~\..\I\)' Fir< fI 0 Rescll~ Al'entura Station library Aventura Mall Loehmann's Fashion u.i Island ~ 0> N 190 ST. 188 ST. Dum/oundUng Bay ~'.-. .-. .. LEGEND Maule Lake -- "~,i ",,,,. -'.,' ~ i .- Exhibit #2 Ol-WA-06 !~ . c:i > -' m Z L5 () o 192 ST. ~ -' '" Z ifj o o A1 Atlant Oetar e Roadways City Boundary ZIP Code Boundary Railroad RESOLUTION NO. 2006-08 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA., FLORIDA, CONCERNING MORATORIUM WAIVER APPLICATION OF SHEFAORffARRAGON, LLLP, PERTAINING TO LINCOLN POINTE PROPERTY CONSISTING OF 8.77 :I: ACRES LOCATED AT 17900 NORTHEAST 31ST COURT IN THE CITY OF A VENTURA; GRANTING APPLICATION FOR WAIVER OF MORATORIUM ORDINANCE NUMBER 2~7, SO AS TO PERMIT REDEVELOPMENT OF THE PROPERTY TO A PROJECT CONSISTING OF A TOTAL OF FOUR HUNDRED SIXTY (460) DWELLING UNITS, INCLUDING A TWENTY EIGHT (28) STORY RESIDENTIAL TOWER WITH AN OVERALL HEIGHT OF NOT GREATER THAN THREE HUNDRED FIFTEEN (315') FEET; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant Section 3 of Ordinance No. 2005-07 (the "Moratorium Ordinance") Shefaorrrarragon, LLLP (the "Owner" or "Applicant") has applied for a waiver of the Moratorium Ordinance (the "Waiver") in order to pennit redevelopment of Lincoln Pointe (the "Property"), approximately 8.77 acres located at 17900 N.E. 31" Court, Aventura; and WHEREAS, following proper notice, the City Commission has held a public hearing on the Waiver Application, as provided by the Moratorium Ordinance and the City's Land Development Regulations; and WHEREAS, the City Commission hereby finds that the grant of the Waiver is consistent with the Comprehensive Plan of the City of Aventura; and WHEREAS, the City Commission, in accordance with the procedures and criteria provided by Section 3 "Waivers" of the Moratorium Ordinance, hereby finds and determines that the criteria of Section 3 of the Moratorium Ordinance have been met by the Applicant, to the extent that the Waiver is granted herein. Exhibit #3 01-WA-06 Resolution No. 2006-08 Page 2 NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. 1bat each of the above stated recitals is hereby adopted and confumed. Section 2. Waiver Granted. That pursuant to Section 3 of the Moratorium Ordinance, the application for Waiver is hereby granted for the Property which is described on Exhibit" A" attached hereto, subject to the condition that the redevelopment shall be accomplished in accordance with the obligations and conditions which have been imposed upon Applicant, in the event of this Waiver being granted, pursuant to the Applicant-City Settlement Agreement of January 19, 2006, and subject to the condition that the Applicant shall prepare and present to the City Manager on or before March 15, 2006. an alternative building layout design, for acceptance and approval at the City Commission's discretion, which provides for not more than four hundred sixty (460) dwelling units, as authorized herein, but which includes a reconfiguration of the residential Tower to a Tower building width which is generally not to exceed 400 feet and to a height not to exceed thirty five (35) stories. If the Commission does not approve said alternate building layout design within thirty (30) days of submittal, the initial Tower design which is set forth in the Waiver Application shall be further revised to meet the concerns of the City Commission and the initial Tower design of approximately 900 feet in width shall not be used. In considering said alternative building layout design for the purpose of detennining whether the above-described reconfiguration should be approved, the City Commission shall utilize the public hearing procedures which are provided by Section 31-71 of the City Code, and shall make 2 Resolution No. 2006-08 Page 3 said determination by subsequent Resolution of the City Commission. The subsequent Resolution of the City Commission sball not exceed the scope of the purpose of the consideration of the alternative building layout design. Section 3. ImnJementation. That the City Manager is hereby authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided, and pursuant to the City's Land Development Regulations in effect and applicable as of the date of this resolution without the application of the moratorium, and to indicate such approvals and conditions upon the records of the City, and to take any action which is necessary to implement this Resolution. Section 4. Effective Date. That this Resolution shall become effective immediately upon adoption hereof. The foregoing Resolution was offered by Commissioner Holzberg, who moved its adoption. The motion was seconded by Vice Mayor Joel, and upon being put to a vote, the vote was as follows: Commissioner Z= Auerbach Commissioner Bob Diamond Commissioner Harry Holzberg Commissioner Michael Stern Commissioner Luz Urb8ez Weinberg Vice Mayor Billy Joel Mayor Susan Gottlieb ~ ~ ~ ~ ~ m !!.Q 3 Resolution No. 2006-08 Page 4 PASSED AND ADOPTED this 2nd dayn~ .__f (, /; Susan Gottlieb, Mayor A J .11 .~ llllJL h, '. ~icv' / T~M. Soro~MMC , City Clerk \' '-,- ) APPH~r~gal r:iency: City Attomey ~ r Filed te Office ofthftity <trk this lr4 day of February 2006. ~t'~H jhl.~({ City C erk l , \ '. \ ' '- 4 o EXl'U.I:IIT A o . , LEGAL DESCRIPTION o Tract D of ADMIRAL'S PORT SECTION ONE, according to the plat thereof, recorded in Plat Book 113, Page 51, Public Records of Miami-Dade County, Florida. o o ~ / o o o o o o RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, APPROVING ALTERNATE BUILDING LAYOUT DESIGN AS BEING IN COMPLIANCE WITH CONDITION CONTAINED IN SECTION 2 "WAIVER GRANTED" OF CITY RESOLUTION NO. 2006-08 GRANTING MORATORIUM WAIVER APPLICATION FOR LINCOLN POINTE PROPERTY CONSISTING OF 8.77 % ACRES LOCATED AT 17900 NORTHEAST 31ST COURT IN THE CITY OF A VENTURA; PROVIDING FOR A RESIDENTIAL TOWER BUILDING OF A WIDTH WIDCH IS GENERALLY NOT TO EXCEED FOUR HUNDRED (400') FEET, WITH A HEIGHT NOT TO EXCEED TIDRTY FIVE (35) STORIES, FOR THE REDEVELOPMENT OF LINCOLN POINTE; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 2 of Resolution No. 2006-08 (the "Waiver Resolution"), the Applicant for the redevelopment of Lincoln Pointe was required to present to the City Manager on or before March 15, 2006, an alternate building layout design, for acceptance and approval at the City Commission's discretion, applying applicable criteria, which design provides for not more than four hundred sixty (460) dwelling units, as authorized by the Waiver Resolution, but which includes a reconfiguration of the residential Tower to a Tower building of a width which is generally not to exceed four hundred (400') feet and of a height not to exceed thirty five (35) stories; and WHEREAS, the Applicant did timely submit the proposed alternate building layout design; and Resolution No. 2006- Page 2 WHEREAS, following proper notice, the City Commission has held a public hearing on the alternate building layout design, as provided by Section 2 of the Waiver Resolution and City Code Sections 31-71(e) and 34-31, et. seq.; and WHEREAS, the City Commission hereby finds that the approval of the alternate building layout design is consistent with the Comprehensive Plan of the City of A ventura; and WHEREAS, the City Commission, in accordance with the applicable requirements of law and pursuant to the City Moratorium Ordinance criteria applicable to the Waiver Application, as such criteria ( the "Applicable Criteria") were applied in the adoption of the Waiver Resolution, and consistent with the provisions of Section 2 of the Waiver Resolution, hereby finds and determines that the Applicable Criteria have been met by the Applicant, to the extent that the alternate building layout design is accepted and approved herein. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals and Defined Terms Adopted. That the above stated recitals are hereby confirmed and adopted, and all terms utilized herein which are defined in the Waiver Resolution shall have the meaning as set forth in said Waiver Resolution unless otherwise stated. Section 2. Alternate Buildine Lavout Desien Approved. (a) That pursuant to Section 2 of the Waiver Resolution, the alternate building layout design, which is depicted on Exhibit "A", a copy of 2 Resolution No. 2006- Page 3 which is attached hereto and incorporated herein by reference, is hereby approved and accepted, in satisfaction of the above-described condition of Section 2 of the Waiver Resolution which required the preparation and presentation of such alternative building layout design by Applicant for acceptance and approval at the City Commission's discretion in accordance with the Applicable Criteria. The alternate building layout design which is approved herein shall supersede and replace the initial Tower design and shall, within the limits of the Waiver Resolution and this Resolution approving such alternate building layout design, be subject to the flexibility provided by paragraph 4(c) of the Applicant - City Settlement Agreement of January 19, 2006, as further recognized by paragraph 8(c) of the Applicant - City First Amendment to Settlement Agreement of February 3, 2006. (b) That the above-stated acceptance and approval of the alternate building layout design is subject to the condition that the redevelopment of the Property shall be accomplished in accordance with the applicable obligations and conditions which have been imposed upon Applicant, in the event of the Waiver being granted and the alternate building layout design being approved, pursuant to the Applicant - City Settlement 3 Resolution No. 2006- Page 4 Agreement of January 19, 2006, as amended by the Applicant - City First Amendment to Settlement Agreement of February 3, 2006. (c) Except as modified and supplemented herein, the Waiver Resolution shall remain in full force and effect. Section 3. Implementation. That the City Manager is hereby authorized to cause the issuance of approvals and permits in accordance with the approvals and conditions herein provided, and pursuant to the City's Land Development Regulations in effect and applicable as of the date of adoption of the Waiver Resolution, to-wit: February 2, 2006, without the application of the moratorium and amendments to the City's Land Development Regulations enacted as a result thereof, and to indicate such approvals and conditions upon the records of the City, and to take any and all actions which are necessary to implement this Resolution. Section 4. Effective Date. That this Resolution shall become effective immediately upon adoption hereof. The foregoing Resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner upon being put to a vote, the vote was as follows: , who , and Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Harry Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez-Weinberg Mayor Susan Gottlieb 4 Resolution No. 2006- Page 5 PASSED AND ADOPTED this 4th day of April, 2006. Susan Gottlieb, Mayor ATTEST: Teresa M. Soroka, MMC CITY CLERK This Resolution was filed in the Office of the City Clerk this day of April, 2006. CITY CLERK r WII III1 III ,illl Sn3 pi j,,1 p" l'l,j 'II ii .I.il ., ~ 11111 ~ 1;; II;:. ! ~ ", :i~ Ii i: "Hi l , r z , ~ ~ Z m , E () . ;l ~ 0 . r . i z > ~ 11 " 0 " z 2 ~ 0 m 9 z ~ . . ~ Q z ~ " c ~ . r J ./ ~ ! 0 . j " .~ I " :g ~ m , ljH i , . ~ J ~ ~ .- t ;11I :.. :I: , i ~ 0 . . ; l" ~ = ~ z .J ::g !I z ;. flI' :, ~ ~ -. ~ I' 0 , n 1:. j; l i , M ! ~ > .. ~ ~. n n ~ ~ ~ I 6 ,I. 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I Z !I!: n~ ,I ~ a " ~ i - ~ ~ . 3 ~ .r : t.:l 'I'. . ,~ I ~ l-- ~ij1J m~ [ill, G' 1 ~ 0 \Jl ~ 1~'~lm 0'1' L ~:;:(') mO .rnZ . -l(') ~ mm ",..." m.... <c ~f' 5 Z -, .J r !1!11 II iii "t..1 II'!I( ,I, '~Jfl ilill H () ~ ~ . z % 11 ' ~ i ~ ~ j i ~ ~ :~ )0 ..~ = .~ I :8 ijflll] liU I ~ : :a: I. = ~ I ~ ! I % II!: i. ~ , ~ I ~ 8 'I ~ ~ " ~ jlJ I. , ~ .r iul 'I ,- - . ~ : ~)o. ~~ mffiJ ~ l!lJJ 1~';lm 0'11 L -, .- l- I I i lfol 1m 1m I i i i i t- i .- ; I. I -' ~ ~z '6 r- () ornO ..'tl" zO z~~g~ ~'tl z-lm ,c" C." z."o-l mm-C _..Zlo ",>r- rn'- ;;jCl> ;om 0" o::! zO oZ " o z .J CITY OF A VENTURA GOVERNMENT CENTER COMMUNITY DEVELOPMENT DEPT. 19200 WEST COUNTRY CLUB DRIVE A VENTURA, FLORIDA RECEIVED APR - 4 2006 COMMUNITY DEVELOPMENT RE: APPLICANTIPROPERTY NAMEINUMBER: SHEFAORlTARRAGON LLLP (01- WA-06) TO WHOM IT MAY CONCERN: I SONDRA KASINDORF AND MY SPOUSE LAWRENCE KASINDORF, RESIDENTS OF B1SCA YNE COVE STATE THAT WE ARE ABSOLUTELY AGAINST ANY INCREASE IN THE NUMBER OF RESIDENTIAL UNITS TO BE BUILT IN THE LINCOLN POINT COMMUNITY.. PLEASE CONSIDER THIS LETER AS A FORMAL PROTEST. SONDRA KASINDORF LAWRENCE KASINDORF -.............-T ,.-..-,.-- T CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, ICMA-CM, Cit TO: City Commission DATE: March 10,2006 SUBJECT: Ordinance Adopting Additional Construction Regulations 1st Reading April 4, 2006 City Commission Meeting Agenda Item ~ 2nd Reading May 2, 2006 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the attached Ordinance providing for additional construction regulations. This matter was reviewed at the March Workshop Meeting. BACKGROUND The City has adopted Ordinances to regulate the construction activity by private developers in the City to protect the life, safety and welfare of the community. Due to a growing problem at the various construction sites in the City, I feel it is time we revisited our Ordinances to address ongoing problems and provide for stiffer fines for violations. Therefore, I have requested the City Attorney to draft a new Ordinance to address the following issues: 1. I ncrease the fines for violating construction times and construction regulations. 2. Parking of construction worker vehicles off the site of the project in any area of the City shall require City approval. 3. Any construction vehicles blocking a public roadway or right-of-way shall require a City permit and approval. Memo to City Commission March 16,2006 Page 2 4. Establish requirements for job site maintenance, including sweeping of public roadways. If you have any questions, please feel free to contact me. EMS/act Attachment CC01470-06 ORDINANCE NO. 2006-_ AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA; AMENDING THE CITY CODE BY AMENDING CHAPTER 14 " BUILDINGS AND BUILDING REGULATIONS", AT ARTICLE V "CONSTRUCTION SITES", BY AMENDING SECTION 14-100 "SECURING OF CONSTRUCTION SITES"; TO REVISE TITLE OF SECTION 14-100 TO BE "SECURING OF CONSTRUCTION SITES; OTHER RESTRICTIONS"; REVISING EXISTING REGULATIONS CONCERNING CONSTRUCTION SITES TO CONFORM TO MIAMI-DADE COUNTY CODE REFERENCE AND ADDING ADDITIONAL PROVISIONS CONCERNING ENFORCEMENT AND PENALTIES, PARKING OF CONSTRUCTION WORKER VEHICLES, PROTECTION OF PUBLIC ROADWAYS AND RIGHT OF WAY, ENFORCEMENT OF NOISE REGULATIONS, AND ESTABLISHING REQUIREMENTS FOR JOB SITE MAINTENANCE, COMPLIANCE WITH JOB-SITE PLAN, AND OTHER PURPOSES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Aventura finds that it is necessary to further enhance the provisions of Section 14-100 of the City Code concerning activities at construction sites and the impact of construction site activities upon the City; and WHEREAS, the City Commission finds that this proposed Ordinance serves to further enhance the protection of the public health, safety and welfare. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals AdoDted. That each of the above stated recitals is hereby adopted and confirmed. Ordinance No. 2006-_ Page 2 Section 2. City Code Amended. That Section 14-100 "Securing of Construction Sites" of Article V "Construction Sites" of Chapter 14 "Buildings and Building Regulations" of the City Code, is hereby amended by amending Section 14-100 to read as follows:1 Sec. 14-100 - Securing of Construction Sites: Other Reflulations. (a) Securing of Site. Security shall be provided at construction sites III accordance with this section. (b) Authority and Legislative Finding. Pursuant to authority provided by the home rule powers of the State Constitution and F.S. Chapter. 166 and Chapter. 163, the City is authorized to adopt regulations designed to promote the public health, safety, and welfare, as well as to adopt regulations controlling the use ofland. (c) Intent and Purpose. It is the purpose of this section to promote the public health, safety, and general welfare and to minimize public and private losses arising as a result of unauthorized access to construction sites, or from loose and unsecured materials at construction sites during emergency weather conditions, by enacting provisions designed to: (1) Restrict or prohibit uses at construction sites which are dangerous to health, safety, and property located off site. (2) Require that construction sites within the City have access secured by the provision of a locked fence andlor security guard. (3) Require that access roads to construction sites be kept clear of debris and be kept passable by motor vehicle at all times. (4) Require that in the event of the issuance of a hurricane watch by the United States Weather Bureau and in accordance with section ~ 8-16 of the Saitta Planda Blii18illg Miami-Dade Countv 1/ Proposed additions to existing City Code text are indicated by underline; proposed deletions from existing City Code text are indicated by sIFikotIH.ligi>; presently existing text is indicated by the absence of any underlininl! or stFib:etlH!sl:lghs. 2 Ordinance No. 2006- Page 3 Code, all construction sites must be secured, including the removal or fastening of hazardous and loose objects. ill ReQuire Dractices which mitigate ootential off-site imoacts. (d) Objectives, Applicability. The objectives ofthis section are: (1) To protect human life and health and to orotect and oromote an enhanced Qualitv of life in the Citv. (2) To minimize the need for rescue and relief efforts associated with insecure construction sites and hazardous weather conditions. (3) To minimize damage to public and private facilities and property. (4) Nothing in this division shall constitute a work place safety rule or be construed to apply to any matters governed by Chapter 440, Fla. Stat. or Federal OSHA Laws. (e) Definitions. The following words or phrases when used in this section shall have the meanings ascribed to them herein: (1) "Construction site" or "site" includes all sites where new construction, remodeling, or additions take place, other than just interior work which is not visible to the exterior of the premises. (2) a. "Secure," in reference to items, includes fastening down or removing all hazardous objects such as construction shacks, temporary toilets, roofing tile, building materials, trash, forms, insecure structures, temporary electric service poles, and protection of exposed glass areas with storm shutters. b. The term "secure," as applied to site access, includes protecting the construction site, during the hours described herein in paragraph (f)(2), by way of a locked fence surrounding the perimeter of the site andlor the provision of a security guard. (f) Prohibitions: Requirements. (1) The owner, occupant or user of a construction site shall not engage in any activity which poses a danger to persons located off of the construction site, from debris, materials or activities carried on at the 3 Ordinance No. 2006- Page 4 construction site, and shall take necessary precautions. A contractor engaging in work at a site or pulling a building permit for a site constitutes a "user" of a site. (2) The owner, occupant or user of a construction site (other than one solely consisting of a single-family or duplex residence which is not part of the construction of a development) shall secure the site from unauthorized access between the hours of 6:00 p.m. of each day to 6:00 a.m. of the next day by the use of a locked fence andlor security guard. (3) The owner, occupant or user of a construction site shall keep all access roads to the construction site clear of debris for safe travel by authorized persons. (4) In the event that a hurricane watch is issued by the United States Weather Bureau, the owner, occupant or user of a construction site shall comply with the requirements of section ~ 8-16 of the Salilh flaFida BliiMiag Miami-Dade Countv Code, by taking all steps necessary to secure the construction site, including removal or securing of hazardous or loose objects. ill Motor vehicles which are used bv construction workers and others involved in the construction of the oroiect at the site for the ouroose of commuting to or from the site. shall not be parked off of the site of the oroiect except in an area or location which shall be first aooroved in writing bv the Citv Manager or his designee. Parking areas are to be orooerlv screened from the oublic and shall not be detrimental to the surrounding neighborhood. The City aooroval shall be based on assuring that: oublic streets or rights-of-way are not blocked: that adeQuate oarking remains for existing residences and businesses: and that any imoact to oublic oarking resources is mitigated. @ Any construction vehicles or eQuioment involved in construction at a site which block a oublic roadway or right of way shall reQuire a City right-of-way use oermit and aooroval. with aoorooriate conditions. as issued by the City Manager or his designee. seventy two (72) hours in advance of any such activities which imoact a oublic roadway or right of way. ill The owner. occuoant or user of a construction site shall comoly with the restrictions of Section 30-33(15) "Construction" of the City Code which regulates noise related to construction activities. 4 Ordinance No. 2006- Page 5 ill The owner. occuDant or user of a construction site shall comDlete iob site maintenance. on a daily basis. orior to the conclusion of each day's work. Daily iob site maintenance shall include the following: ill Sweeoing of public roadways which are directly affected by construction site dust. debris or actiyities: (ill Pick uo and disoosal of litter at or generated by the construction site: (iii) Washing down of any street signs or oublic facilities which are imoacted by dust or debris from the construction site activity: (iv) Stacking of materials and eQuioment which are yisible from a oublic right-of-way in an orderly aooearance: (v) Stacking of construction materials in a manner which assures that the materials and the material oackaging shall not fall or be transoorted into any canals. lakes. drainage facilities or other water bodies in the vicinity of the site: (vi) Watering of exoosed loose earth at the site so as to minimize off-site transoort of oarticulate matter: (vii) Comoliance with additional iob site maintenance comoonents which are described in an aoolicable iob-site olan (the "Plan") for the oroiect site. i2l W The owner. occuoant or user of any construction site for a commercial or institutional oroiect of greater than ten thousand (10.000) SQuare feet of floor area and for any construction site for a residential oroiect of greater than ten (10) dwelling units. shall be reQuired to oresent a Plan to the City Manager or his designee for aooroval orior to the issuance of a building oermit by the City Building Official. The Plan shall include the detailed olan of the owner. occuoant or user of the construction site for comoliance with each of the reQuirements of this Section 14-100. For those construction sites for which an active building oermit has already been issued. orior to the final adootion of this section on May 2. 2006. the Plan shall be submitted on or before June 5. 2006. ill The City Manager or his designee shall review the Plan to determine in his or her discretion whether such Plan comolies with the reQuirements of this section and __~_.~_.._.__.. _____."_." 0',.. _. _ _..__._mn_ _____,.__ "._"_'__"__ _._ 5 Ordinance No. 2006- Page 6 otherwise orovides for the orotection of the oublic health. safety and welfare. The City Manager or his designee shall aooroye or reject any Plan within thirty (30) days of its submission by notifYing the submitter identified in the Plan. The City Manager or his designee shall identify the reasons for reiection and orovide an oooortunity to cure the deficiencies noted. Failure of the Citv Manager or his designee to timely notify the submitter of a reiection shall be deemed aooroyal of the Plan. (fl The owner. occuoant or user of the construction site shall. at all times. abide by the orovisions of the aooroved Plan. The Plan shall be in effect from the date of aooroval until the comoletion of the construction oroiect and issuance of a City certificate of occuoancy. City may oeriodically reQuire revisions to the Plan if oroblems arise with comoliance or if there is a change of conditions in the locale. @ In the event that the submitter of the Plan desires to make any material change with resoect to any of the provisions of the Plan. the reyisions shall be communicated to the City Manager in writing. for the City Manager's aooroyal. in advance of the proposed change. Revisions shall be orocessed in the same manner as the initial Plan. ~ QQl Any person receiving notice from the City's Building Official or City Manager to comply with this section shall not fail or neglect to promptly comply. fgl Enforcement. Failure to abide by the oroytS10ns of this section shall constitute a violation of the City Code. Each day that a yiolation continues shall be deemed a seoarate yiolation. A fine imoosed for a yiolation of this section shall be Two Hundred Fifty ($250.00) Dollars for a first yiolation and shall be Fiye Hundred ($500.00) Dollars for a subseauent or repeat yiolation. However. if the City's code enforcement Soecial Master finds the yiolation to be irreoarable or irreversible in nature. the Soecial Master may impose a fine not to exceed Five Thousand ($5.000.00) Dollars per violation. Enforcement may also be imolemented by any other means which is authorized or allowed by law. Section 3. Severabilitv. That the provisions of this Ordinance are declared to be 6 Ordinance No. 2006- Page 7 severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be inyalid or unconstitutional, such decision shall not affect the yalidity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the inyalidity of any part. Section 4. Inclusion in the Code. That it is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of A yentura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "0 rdinance" shall be changed to "Section" or other appropriate word. Section S. Penaltv. That any person who violates any provisions of this Ordinance shall, upon conviction, be punished by a fine not to exceed $500.00 or imprisonment in the County jail not to exceed sixty (60) days or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate violation. This Ordinance shall also be subject to enforcement under the Local Goyemment Code Enforcement Act, Chapter 162, F.S., as amended, and City Code Section 2-331, et. seq., as amended. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction or as authorized by Section 162.22, Florida Statutes. Section 6. Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading, and shall be applicable to uses, actiyities and operations which exist on the effective date hereof as well as to uses, activities or operations which are subsequently established. 7 Ordinance No. 2006- Page 8 The foregoing Ordinance was offered by , who moyed its adoption on first reading. This motion was seconded by , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Harry Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Harry Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez Weinberg Mayor Susan Gottlieb PASSED AND ADOPTED on first reading this 4th day of April, 2006. 8 Ordinance No. 2006- Page 9 PASSED AND ADOPTED on second reading this 2nd day of May, 2006. Susan Gottlieb, Mayor ATTEST: Teresa M. Soroka, MMC City Clerk Approved as to Form and Legal Sufficiem:y: r,~ City Attorney 9 CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM DATE: March 20, 2006 TO: City Commission FROM: Eric M. Soroka, ICMA-CM, Ci BY: Robert M. Sherman, Director 0 SUBJECT: Revised Public Works Permit Fee Schedule April 4, 2006 City Commission Meeting Agenda Item No_l.{) Recommendation: It is recommended that the City Commission adopt the attached resolution revising the Public Works Inspection Permit and Review Fee Schedule adopted in 1996 with the attached Fee Schedule contained in Exhibit "An. Backaround: The present fee schedule was adopted by the City Commission in October 1996, and has not been re-addressed since that time. The revised fees keep the city in pace with the current Miami-Dade County inspection fees adopted in 2001. Fees have been increased to keep pace with increased costs associated with personnel, fuel and administrative expenses. RMS/gf Attachments RMS06015 RESOLUTION NO. 2006-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING RESOLUTION NO. 96-39 WHICH PROVIDED A FEE SCHEDULE FOR ENGINEERING AND PUBLIC WORKS INSPECTION PERMIT AND REVIEW; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 96-25, the City Commission is authorized to provide a fee schedule for engineering and public works inspection permit and review services provided by the City; and WHERAS, the City Commission adopted Resolution No. 96-39 which did establish the fee schedule for engineering and public works inspection permit and review; and WHEREAS, after public hearing, the City Commission has deemed it necessary to amend the engineering and public works inspection permit and reyiew fee schedule NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The fee schedule for engineering and public works inspection permit and reyiew adopted by Resolution No. 96-39 is hereby amended as set forth on Exhibit "A" attached hereto and incorporated herein. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Bob Diamond Commissioner Harry Holzberg Commissioner Billy Joel Commissioner Michael Stern Commissioner Luz Urbaez-Weinberg Mayor Susan Gottlieb Resolution No. 2006-_ Page 2 PASSED AND ADOPTED this 4th day of April, 2006. SUSAN GOTTLIEB, MAYOR ATTEST: TERESA M. SOROKA, MMC CITY CLERK APPR01A~IC1ENCY: CITY ARNEY . EXHIBIT "A" Engineering, Public Works Review and Inspection Permit Fee Schedule A. Permit Fees: Fees for public works construction. under permit issued by the Community Services Department, in canal, road and street right of ways, and utilrty or other easements in the City of Aventura and for the paving and drainage on private roads in the City of Aventura are fixed as follows: 1, For installation or repair of sanitary and storm sewers, water lines. gas lines. buried electric. telephone CATV or other underground utilities: For 100 linear feet or less For each additional 1 00 linear feet or fraction thereof $ $ 145 45 2, For exfiitration drains consisting of catch basin, exfiitration trench, or slab covered trench, For Each 100 linear feet or fraction thereof $ 85 13, For Installation of poles or down guys for overhead utilities: For each pole or down guy $ 4, For construction or replacement of sidewalks, curbs and gutters: 35 For 100 linear feet or less For additional 100 linear feet or fraction thereof $ $ 85 35 15, For construction or asphalt or concrete driveways, including private property: For driveway width of 20 feet or less consisting of 1 or 2 driveways For driveway width of 20 feet, but not greater than 40 feet, consisting of 1 driveway (each) For driveway width greater than 40 feet (each) For construction of stamped concrete driveways (each) For construction of brick paver driveways (each) $ $ $ $ $ 75 115 170 75 85 16, For construction of street pavements. including paving of parkways and shoulders: For one lane or two lanes of pavements for 100 linear feet or less For each additional 1 00 linear feet or fraction thereof For three or more lanes of pavements for 100 linear feet or less For three or more lanes of pavements. each additional 1 00 linear feet or fraction thereof $ $ $ $ 230 55 340 115 EXHIBIT "A" Engineering, Public Works Review and Inspection Permit Fee Schedule 7.For the installation of embankment and/or subgrade material, excluding base rock and asphalt: For 100 linear feet or less For each additional 1 00 linear feet or fraction thereof $ $ 125 35 la. For construction of curb separators: For each 100 linear feet or less For each additional 100 linear feet or fraction thereof $ $ 75 25 9. For erection of street name signs, traffic or directional signs: For each sign 110. For construction of bridges: $ 15 For bridge roadway area of 1000 feet or less For each additional 100 square feet or fraction thereof $ $ 1,140 230 111. For the installation of permanent type traffic barricades. guardrails or guide posts: For each 100 linear feet or fraction thereof $ 100 12. For the construction of street or driveway culvert: For each 100 linear feet or fraction thereof $ 115 13. Installation of culvert pipe to enclose existing drainage ditch or canal: For each 100 linear feet or fraction thereof $ 170 114. Installation of new traffic signals: For each intersection $ 1.710 115. For upgrade or modification of existing traffic signals: For each intersection $ 1,140 116. For resurfacing, water proofing or seal coating: For each 1000 square feet of fraction thereof $ 25 EXHIBIT "A" Engineering, Public Works Review and Inspection Permit Fee Schedule 117. For installation of Bus Shelters: For each she~er $ 115 B. Penalty Fees: When work for which a permit is required is commenced prior to obtaining a permit, a penalty fee will be imposed as follows: $115.00 plus double the original permit C. Extension of Permit: A permit fee may be extended for a period of up to, but not more than one year from the expiration date of the original permit provided the Community Services Department is notified prior to the expiration of the permit. If the permit is allowed to expire without requesting an extension, a new permit will be required. including appropriate fees, for the remainder of the uncompleted work. D. Scecial Proiects: A fee equal to actual staff time and related costs shall be assessed for special projects requiring research by the Department in order to answer questions proposed by property owners, condominium associations, developers, attorneys, realtors, etc., in connection with the use, re- subdivision and development of properties, including rights-of-way and easements or to determine if any existing violations are on the property through a review of departmental records. Such special fee only will be levied for requests outside the scope of normal Department work. A minimum fee of one hundred dollars ($100) shall be charged. IE. El1<Iineerina Review Fees: 11. Engineering site plan review: Schematic engineering plan review $ 500 2. Utilities, paving, grading and drainage plan review: Project up to $300,000 $ 800 Project Value over $300,000 for each $1.000 over $300,00 $ $ 2.50 800 ~ MIAMI DAILV 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; that tne attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA - PUBLIC HEARING FOR APRIL 4,2006 - SHEFAORrrARRAGON LLLP in the XXXX Court, was published in said newspaper in the issues of 03/17/2006 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 thi dverti ent r publication in the said newspaper. Sworn to and subscribed before me this ~2~) (SEAL) O.V. FERBEYRE personally known to me i"'" -t'\. Maria L Mesa . ~ ~ My Commission DD293855 \0'''''01' Expires March 04, 2008 Date and Time of Public Hearing: Tuesday, April 4, 2006 6:00 p.m. Applicant NamelNumber: Shefaorrrarragon Lt-LP (01-WA-Q6) Applicant Request: - , applicant, Shefaorrrarragon LLLP, is requesting approval of' alternate building' layout design a, being in complianGEl with the ~j,;, tion contained in Section 2 "Waiver' Granted". of City Resofution No': 2006-08 granting moratorium waiver appIioation for UncoIn PO/nte prop.< ..erty consisting of 8.n acres, mor~ or 18.$8, located at 17900 NE 33; Court in the City of Aventura, provid: ing for a residential tower building of a width which is generally .notto, exceed four hundred (400') feet with a height not to exceed thirty-five (35) stories for the redevelopment of Uncoln Pointe Location of Subject-Property: Legal Description: 17900 NE 31 Court, City of Aventura Tract D of Admiral's Port Section One, according to the plat thereof recorded in Plat Book 113, Page 51 of the Public Records of Miami-Dade County,Florida Plans are on file and may be examined during regular business hours at the City of Aventura Govemment Center, Community Development Department, 19200 West Country Club Drive, Aventura, Rorida, 33180. Plans may be modified at or before the Public Hearing. The application may change diJring the hearing prOCess. """ The Public Hearing will be held ~n the City Commission Chambers at the City. of Aventura Government Center at the address above. Your. comments maybe made In person althe hearing or filed In writing prior to , the hearing date. Refer to applicant/property on correspondence and' mail same to City of. Aventura Govemment Center, Community Develop- ment Department at the addrelllSabove. For further infonnation, please . call (305) 466-8940. . In accordance with the Americans with Disabilities Act' of 1990, an persons who are disabled and who need specialaccommodatioos to ,participate in this' proceeding because of that disability should contact' the Office of the City Clei'k, 46CWJ9{)1, not la1er than two bysIpess days . prior to such proceedings. .' . '. : ",:'_._,_,_ '.:. _ .' _ ..:' _ .-':< _.".,1 If a person deci~ to a"peahlnY-~islon made by the CItyComrniSS!Oni with respect to any matter cqnsiderectaLalJl~t!ng or h~aring, that person will need a record ofthe~and, tor sUch pi.ttpose, may need to ensure that a verbatim record of the proceedings is made. which record includes the testitnOnYand"videl1CeupoO which the apPeal isJo be based. . 3/17 Teresa M. Soroka, MMC, City Clei'k oe.:3-58I655099M