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
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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
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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.
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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.
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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.
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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
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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
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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-
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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
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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
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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
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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)
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DAY OF
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'The tenns "Business Relationship," "Client," "Customer," "Applicant," "Representative" and "Interested Person" are defined in
Section 2-395 of the Aventura City Code.
NOTARIZATION PROVISION
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STATE OF FLORIOA )
COUNTY OF "'--) Hi11sborough)
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SWORN TO AND SUBSCRIBED before me this.3.L day of kA.. ~ l-I
AFFIANT
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No~ry ~ublic State... of F~da At Large
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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
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Notary Public State 01 Florida At Large
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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
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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
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. SHEFAOR
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'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,
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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
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Resolution No. 2006-08
Page 4
PASSED AND ADOPTED this 2nd dayn~
.__f (, /; Susan Gottlieb, Mayor
A J .11
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/ T~M. Soro~MMC
, City Clerk \'
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APPH~r~gal r:iency:
City Attomey ~ r
Filed te Office ofthftity <trk this lr4 day of February 2006.
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LEGAL DESCRIPTION
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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
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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