10-01-2002
City r.nrnrnI-lnn
Jeffrey M. Perlow, Mayor
The City of
Aventura
~
.~.
~~'''.''rn.''''''
City U.n._
Eric M. Soroka
Arthur Berger
Jay R. Beskin
Ken Cohen
Manny Grossman
Harry Hohberg
Patricia Rogers-Libert
City ClI.!I'.i
Teresa M. Soroka, CMC
City Altom""
Weiss Serota Helfman
Pastoriza & Guedes
AGENDA
OCTOBER 1, 2002 - 6 PM
Government Center
19200 West Country Club Drive
A ventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ZONING HEARINGS: SPECIALLY SET BY COMMISSION FOR 6 P.M.
QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following
items on the Commission's agenda are quasi-judicial in nature. If you wish to
comment upon any of these items, please inform the Mayor when he requests public
comments. An opportunity for persons to speak on each item will be made available
after the applicant and staff have made their presentations on each item. All testimony,
including public testimony and evidence, will be made under oath or affIrmation.
Additionally, each person who gives testimony may be subject to cross-examination. If
you refuse either to be cross-examined or to be sworn, your testimony will not be
considered. The general public will not be permitted to cross-examine witnesses, but
the public may request the Commission to ask questions of staff or witnesses on their
behalf. Persons representing organizations must present evidence of their authority to
speak for the organization. Further details of the quasi-judicial procedures may be
obtained from the Clerk.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA GRANTING VARIANCE FROM SECTION 31-
171(b) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
ALLOW 15 PARKING SPACES WHERE 18 PARKING SPACES ARE
REQUIRED BY CODE, FOR PROPERTY LOCATED AT 17866
BISCAYNE BOULEVARD, CITY OF A VENTURA; PROVIDING FOR
AN EFFECTIVE DATE.
4. ELECTION OF VICE MAYOR
5. AGENDA: Request for Deletions/Emergency Additions
6. SPECIAL PRESENTATIONS: None.
0cIllbtr I, 2002~ Met:tiDg
7. 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 ofthe Commission, that item must be removed from the Consent Agenda and considered separately.
A. APPROVAL OF MINUTES:
September 3, 2002 15t Public Budget Hearing
September 3, 2002 Commission Meeting
September 19, 2002 2nd Public Budget Hearing
September 24,2002 Workshop Meeting
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION NO. 01-0103-021 FOR PROFESSIONAL
DESIGN SERVICES FOR THE YACHT CLUB WAY
DRAINAGE IMPROVEMENTS PROJECT BY AND BETWEEN
THE CITY OF A VENTURA AND CRAVEN THOMPSON AND
ASSOCIATES, INC.; AND PROVIDING AN EFFECTIVE DATE.
(Authorizes City Manager to execute Work Authorization with Craven
Thompson for drainage improvement to Yacht Club Way)
C. MOTION AUTHORIZING THE APPROPRIATION OF UP TO
$55,900 FOR CRIME PREVENTION MATERIALS, SWAT TEAM
EQUIPMENT, DIVE TEAM EQUIPMENT, GAS PUMP
CANOPY, YOUTH PROGRAM AND ELECTRONIC GUN
CLEANING EQUIPMENT FROM THE POLICE FORFEITURE
FUND IN ACCORDANCE WITH THE CITY MANAGER'S
MEMORANDUM DATED SEPTEMBER 11, 2002.
(Motion to expend funds from the Police Forfeiture Fund)
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA DECLARING CERTAIN
PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS
SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE
MANNER OF DISPOSAL; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
(Authorizes City Manager to declare certain property as surplus to the
needs ofthe City and provides for disposal)
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA DEDICATING A TEN (10) FOOT
WIDE EASEMENT TO FLORIDA POWER AND LIGHT ON
THE AVENTURA COMMUNITY/RECREATION CENTER SITE;
2
0cIllbtr I, 2002 c............. MediDg
PROVIDING FOR RECORDATION; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
(Provides for FP&L easement for power to the Community/Rec. Center)
F, A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION NO. 02-265-A FOR PROFESSIONAL
LANDSCAPE ARCHITECTURE SERVICES TO PERFORM
LANDSCAPE AND IRRIGATION DESIGN SERVICES FOR THE
COUNTRY CLUB DRIVE LANDSCAPE/IRRIGATION
IMPROVEMENTS PROJECT BY AND BETWEEN THE CITY
OF AVENTURA AND O'LEARY DEISGN ASSOCIATES FOR
THE AMOUNT OF $66,955.00; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
(Authorizes City Manager to execute Work Authorization with O'Leary
Design Associates for landscape and irrigation design services for
Country Club Drive improvement project)
G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA APPROVING AN EXTENSION OF
THE TIME TO RECORD THE "AVENTURA BAY VILLAS"
PLAT, BEING A PLAT OF A PORTION OF LAND IN THE
SOUTH V. OF THE SOUTH V. OF FRACTIONAL SECTION 3,
TOWNSHIP 52 SOUTH, RANGE 42 EAST AND PORTIONS OF
LAND IN THE SOUTH Y, OF THE SOUTH Y, OF FRACTIONAL
SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, CITY OF
A VENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING
FOR AN EFFECTIVE DATE.
(Approves extension of time for recording plat)
H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED AGREEMENT
FOR COLLECTION OF UNPAID, ESCAPED AND
DELINQUENT OCCUPATIONAL LICENSES ON INSURANCE
COMPANIES WHICH TRANSACT BUSINESS IN THE CITY
BETWEEN THE CITY OF A VENTURA AND THE FLORIDA
LEAGUE OF CITIES INC.; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
AN EFFECTIVE DATE.
3
0cIllbtr 1, 2002 C............. M..a.g
(Authorizes City Manager to execute agreement with Florida League of
Cities providing for collection of unpaid, escaped and delinquent
occupational licenses on insurance companies transacting business in
the City)
I. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA; SUPPORTING THE NOVEMBER 5,
2002 BALLOT INITIATIVE PROPOSING A SALES TAX
INCREASE OF WHICH MUNICIPALITIES WILL RECEIVE A
20% SHARE EXCLUSIVELY DEDICATED TO THE
TRANSPORTATION NEEDS OF MIAMI-DADE COUNTY AND
THE MUNICIPALITIES OF MIAMI-DADE COUNTY,
FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
(Supports Miami-Dade County Ballot Initiative to increase sales tax for
transportation needs)
J. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER
ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE
ENTER INTO THE ATTACHED AGREEMENT BETWEEN THE
CITY OF A VENTURA AND MIAMI DADE COUNTY TO PROVIDE
A COMMUNITY DRUG & CRIME PREVENTION PROGRAM;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
(Authorizes City Manager to execute Agreement with Miami-Dade
County for community drug and crime prevention program grant in the
amount of$8,081)
8. ORDINANCES: FIRST READING/PUBLIC INPUT:
A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING THE FRANCHISE AGREEMENT BETWEEN THE
CITY AND COMMUNITY CABLE TELEVISION BY
EXTENDING THE EXPIRATION DATE OF THE FRANCHISE
AGREEMENT FROM APRIL 22, 2008 TO APRIL 23, 2009;
PROVIDING FOR EFFECTIVE DATE.
B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING THE CITY CODE BY AMENDING CHAPTER 31
"LAND DEVELOPMENT REGULATIONS" ARTICLE V
"DEVELOPMENT REVIEW PROCEDURES", AT PARAGRAPH
(D) "FILING OF APPLICATIONS" OF SECTION 31-71
"PROCEDURES OF GENERAL APPLICABILITY", TO
PROHIBIT ANY APPLICANT OR APPLICANT
REPRESENTATIVE FROM CONTACTING THE CITY'S
4
0cIllbtr I, 2002~ Met:tiDg
PROFESSIONAL STAFF (OTHER THAN THE CITY
MANAGER) CONCERNING A PENDING QUASI-JUDICIAL
APPLICATION FOR A DEVELOPMENT PERMIT FROM THE
TIME OF THE FILING OF THE APPLICATION UNTIL THE
TIME OF THE PREPARATION AND DISTRIBUTION OF THE
CITY MANAGER'S WRITTEN RECOMMENDATION; AND
AMENDING CHAPTER 34 "PLANNING AND ZONING",
ARTICLE II "QUASI-JUDICIAL MATTERS", AT SECTION 34-
34 "EX-PARTE COMMUNICATIONS", TO GENERALLY
PROHIBIT CITY COMMISSIONERS FROM DISCUSSING THE
MERITS OF ANY SPECIFIC ISSUE WHICH IS THE SUBJECT
OF A PENDING QUASI-JUDICIAL APPLICATION, OUTSIDE
OF THE PUBLIC HEARING PROCESS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR EFFECTIVE DATE.
9. PUBLIC HEARING: ORDINANCES - SECOND READING:
A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING THE CITY CODE BY AMENDING CHAPTER 4,
"ALCOHOLIC BEVERAGES," BY AMENDING PARAGRAPH
(A) "DISTANCE FROM OTHER ESTABLISHMENTS",
PARAGRAPH (B) "DISTANCE FROM RELIGIOUS FACILITY
OR SCHOOL", AND PARAGRAPH (E) "EXCEPTIONS TO
SPACING AND DISTANCE REQUIREMENTS," OF SECTION 4-
2 "LOCATION OF ESTABLISHMENTS"; AND BY REPEALING
SECTION 4-6 "ZONING DISTRICT REGULATIONS" TO
CLARIFY THAT CONDITIONAL USE IS THE APPLICABLE
CRITERIA AND TO DELETE THE OBSOLETE REFERENCE
TO MIAMI-DADE COUNTY CODE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING CHAPTER 42, "STREETS, SIDEWALKS AND
OTHER PUBLIC PLACES," ARTICLE II "NEWSRACKS" OF
THE CITY CODE; AMENDING SECTION 42-32 "DEFINITIONS"
TO ADD NEW DEFINITIONS FOR THE TERMS "CITY-OWNED
NEWSRACK" AND "NEWSRACK PORTICO;" AMENDING
SECTION 42-33 "PROHIBITED NEWSRACKS" TO REQUIRE
REMOVAL OF PRIVATE NEWSRACKS ON PUBLIC PROPERTY
NOT LOCATED WITHIN A NEWSRACK PORTICO; AMENDING
SECTION 42-34 "PERMIT REQUIRED" TO REQUIRE PERMITS
FOR THE USE OF CITY-OWNED NEWSRACKS; AMENDING
SECTION 42-35 "APPLICATION FOR PERMIT; APPROVAL OF
LOCATION" TO REQUIRE THAT THE LOCATION OF THE
5
0ckJbrt I, 2002 c............. MediDg
NEWSRACK PORTICO OR CITY-OWNED NEWSRACK BE
SPECIFIED ON THE PERMIT APPLICATION; AMENDING
SECTION 42-36 "ISSUANCE OF PERMIT; CONDITIONS; FEES"
TO REQUIRE A FEE FOR THE USE OF A CITY-OWNED
NEWSRACK; AMENDING SECTION 42-37
"INDEMNIFICATION" TO REQUIRE INDEMNIFICATION BY
PERSONS UTILIZING CITY-OWNED NEWSRACKS;
AMENDING SECTION 42-38 "IDENTIFICATION OF
DISTRIBUTOR TO BE POSTED ON NEWSRACKS" TO
REQUIRE IDENTIFICATION ON PRIVATE NEWSRACKS;
AMENDING SECTION 42-39 "LOCATION, PLACEMENT AND
NUMBER" TO REQUIRE THAT PRIVATELY OWNED
NEWSRACKS ON ANY PORTION OF A PUBLIC RIGHT-OF-
WAY BE PLACED IN A NEWSRACK PORTICO; AMENDING
SECTION 42-40 "EQUIPMENT STANDARDS; ADVERTISING;
MAINTENANCE" REGARDING THE MAINTENANCE OF
PRIVATELY-OWNED NEWSRACKS; PROVIDING PENALTIES;
PROVIDING FOR ENFORCEMENT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
AND PROVIDING FOR AN EFFECTIVE DATE.
10. RESOLUTIONS: None.
11. OTHER BUSINESS: None.
12. PUBLIC COMMENTS
13. REPORTS
14, ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS
Commission Workshop October 24,2002
10:00 a.m. Executive Conference Rm
Commission Meeting November 12,2002
6:00 p.m. Commission Chamber
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled
and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City
Clerk, 305-466-8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory
Boards may be in attendance.
Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such
meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
Agenda items may be viewed at the Office of the City Clerk. City of Aventura Government Center. 19200 W. Country Club Drive.
A ventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-890 I.
6
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE: September 19, 2002
Eric M. Soroka, City
TO:
City Commission
FROM:
BY:
SUBJECT: Request of La Estancia Argentina for Variance from Section 31-171(b) to
permit a reduced number of parking spaces for a grocery store use at
17866 Biscayne Boulevard (06-VAR-01 REV)
October 1, 2002 City Commission Meeting Agenda Item q
RECOMMENDATION
It is recommended that the City Commission approve the request for variance to allow
15 parking spaces on site where 18 parking spaces are required by Code, subject to the
conditions listed in this report.
THE REQUEST
The applicant, Stanley B. Price on behalf of La Estancia Argentina, is requesting a
variance from Section 31-171(b) of the City's Land Development Regulations to allow
15 parking spaces where 18 parking spaces are required by Code, for a grocery store
use at 17866 Biscayne Boulevard. (See Exhibit #1 for Letter of Intent).
BACKGROUND
OWNER OF PROPERTY
Drew A. Wolf and Gretchen Wolf
NAME OF APPLICANT
Stanley B. Price on behalf of La Estancia
Argentina
ADDRESS OF PROPERTY
17866 Biscayne Boulevard
(See Exhibit #2 for Location Plan and
Exhibit #3 for Aerial Photograph)
LEGAL DESCRIPTION Lots 9 & 10 of "Maule Federal Highway
Industrial Sites", according to the plat thereof
as recorded in Book 46, Page 55 of the Public
Records of Miami-Dade County, Florida, less
the east 33.75 feet thereof dedicated for right-
of-way
SIZE OF PROPERTY Approximately 0.318 acres
EXISTING ZONING B2, Community Business District
FUTURE LAND USE DESIGNATION Business and Office
The Site - The subject site is located on the west side of Biscayne Boulevard south of
NE 179 Street. The parcel is approximately 204 feet wide and 68 feet deep and
contains a 3918 square foot abandoned building fronting on Biscayne Boulevard and an
asphalt area. (See Exhibit #4 for photographs of existing structure)
The Project - The applicant proposes to renovate the existing one-story building
fronting on Biscayne Boulevard and construct a parking area to the south and west of
the building. The building renovation will consist of removal of approximately 326
square feet of the northerly portion of the existing building adjacent to NE 179 Street,
installation of windows on the east and south elevations, new stucco finish with
decorative coping and ornamental tile on all elevations, canvas awning on the east
elevation, new roof on the existing canopy on the south elevation and landscaping on all
elevations and in the parking area. Access is proposed by an entrance only driveway
from Biscayne Boulevard and an exit only driveway onto NE 179 Street.
At its meeting of August 7,2001, the City Commission passed Resolution No. 2001-58,
a copy of which is attached as Exhibit #5. This resolution granted variances for reduced
front and side yard setbacks and reduced landscaped buffer strips along the perimeter
of the building and the parking areas, upon the following conditions:
1. Permits shall be obtained within twelve months of the date of the resolution or
the approvals granted shall be deemed null and void unless extended by a
motion of the City Commission.
The building permit was issued within this time period, namely, on July 30, 2002.
2. The applicant shall provide confirmation of a signed Lease with FEC Railway for
the installation of three proposed parking spaces and landscaping to the west of
the property limit, prior to issuance of a building permit.
2
The lease signed by Florida East Coast Railway and the owner was received on
April 12, 2002. The annual extension of this lease to June 30, 2003 has been
provided. Four parallel parking spaces and landscaping are proposed in this
leased area.
3. Prior to the issuance of a building permit, the applicant shall submit for review
and approval an amended Site Plan for the Interamerican Car Rental site
removing the controlled gate access between the Interamerican and subject site.
The amended Site Plan for the Interamerican Car Rental site was submitted and
approved.
4. The applicant shall record the resolution in the Public Records of Miami-Dade
County prior to the issuance of a building permit. All expenses shall be borne by
the applicant.
Resolution No. 2001-58 was recorded in the Public Records of Miami- Dade
County at the applicant's expense on May 29, 2002.
5. The applicant shall provide structural components inside the northeast corner
and east elevations of the building so as to provide protection for the occupants
of the building in case of possible vehicular impact, subject to City Manager
approval.
Structural components were included in the structural drawings approved as part
of the building permit issued July 30, 2002.
Administrative Site Plan Approval was granted on July 15, 2002. The approved site and
elevation plans are appended to this report as Exhibit #6.
ANALYSIS
Citizen Comments - The Community Development Department has received no written
citizen comments about these applications.
Community Development Department Analysis - The Applicant is requesting a
variance to allow a reduced number of parking spaces for the use proposed on this site.
Eighteen parking spaces are required by Code for a grocery store use on this site,
where fifteen spaces are provided on site. The use proposed under the original
application was a retail store, which required 15 spaces. These 15 spaces are provided
on site and therefore, no variance was needed at the time of the previous applications
for variance and site plan approval. The change in use from retail at 1 space for each
250 square feet to grocery store at 1 space for each 200 feet creates the need for this
variance request. The applicant proposes to mitigate the reduced number of on-site
spaces through construction of 4 off-site parking spaces in an area leased from the FEC
3
Railway to the immediate west of the site. These spaces may be accessed from the
parking area and are shown on the approved site plan.
Criteria . The guidelines for approval of variances as required by Section 31-76(e) of
the City's Land Development Regulation states:
"Standards of review. A variance shall be granted only where competent and
substantial evidence presented in the particular case shows that all of the following
are met:
(1) The particular physical surroundings, shape, topographical condition, or other
physical or environmental condition of the specific property involved would
result in a particular hardship upon the owner, as distinguished from a mere
inconvenience, if the regulations were carried out literally.
The hardship at this location is caused by the size of the lot resulting from the
road widening by FOOT on the easterly portion of the platted lots, the FEC
Railway lands to the west, the location of the existing building, development of
adjacent land to the south and a public roadway lying to the north. The applicant
has no area on which to construct additional on-site parking for this proposed
use.
(2) The conditions upon which the request for a variance is based are unique to
the parcel and would not be generally applicable to other property within the
vicinity.
The conditions are unique to this site and are not applicable to other locations
and would not be generally applicable to other property within the vicinity.
While each variance request is of an independent and unique nature, the
following history is provided for informational purposes. The City Commission
has previously approved variances for a reduced number of parking spaces at an
office building on East Dixie Highway, a medical office building on East Dixie
Highway, a service station/car wash on Biscayne Boulevard and a bank/office
building on NE 29 Avenue. The approvals in the first two cases were granted
because the applicant provided off-site parking in the public right-of-way and in
the FEC railway right-of-way which mitigated the loss of on-site parking spaces.
The approvals in the third and fourth cases were conditioned that approval could
be revoked if it was found that a nuisance to the community had been created by
the granting of the variance and that in the event of revocation, the owner must
locate the number of deficient spaces off-site to the satisfaction of the City
Manager.
(3) The alleged difficulty or hardship is not economic and has not been deliberately
created to establish a use or structure, which is not otherwise consistent with
the LOR.
4
The applicant's difficulty is not economic in nature and the difficulty was not
deliberately created by the applicant.
(4) The granting of the variance will not be detrimental to the public welfare or
injurious to other property or improvements in the vicinity.
The variance will not be detrimental to the public welfare or injurious to other
property or improvements in the vicinity.
(5) The proposed variance will not substantially increase the congestion in the
public streets, or increase the danger of fire, or endanger the public safety, or
substantially diminish or impair property values within the vicinity."
The variance will not substantially increase traffic congestion or increase the
danger of fire or endanger the public safety or substantially diminish or impair
property values.
CONDITIONS
1. Plans shall substantially comply with those submitted as follows:
. Boundary Survey, one page, prepared by Manuel G. Vera and Associates Inc. dated
3/4/98, last revision 10/11/01, signed and sealed.
. "Proposed Retail Stores for Lad Ventures Inc.", Site Plan, Sheet SP-1, prepared by
Arc-Tech Associates Incorporated, dated 06/28/01, signed and sealed 06/29/01.
. "Proposed Retail Stores for Lad Ventures Inc.", Building Elevations, Sheet A-1,
prepared by Arc-Tech Associates Incorporated, dated 06/28/01, signed and sealed
06/29/01.
. "Proposed Retail Stores for Lad Ventures Inc.", West Elevation, Sheet A-2,
prepared by Arc-Tech Associates Incorporated, dated 06/28/01, signed and sealed
06/29/01 .
. "Proposed Retail Stores", Grading and Drainage Site Plan, Sheet C-1, prepared by
Pistorino & Alam Consulting Engineers, Inc., dated 11/21/00, signed and sealed
06/18/01.
. "Proposed Retail Stores for Lad Ventures Inc.", Planting Plan, Sheet LA-1, prepared
by Rosenberg Design Group, dated 6/25/01, signed and sealed.
2. The applicant shall obtain permits and construct all site and fac;ade improvements
shown on the approved plans within four (4) months of the date of the Resolution, or
the approvals granted shall be deemed null and void unless extended by a motion of
the City Commission.
3. The applicant shall provide to the City the annual renewal of the lease with Florida
East Coast Railroad.
5
4. The parking variance shall be terminated in the event that the City Manager
determines that the variance has created and/or is creating a nuisance to the
community or in the event that the lease is not renewed annually and the renewal
provided to the City. In the event of such termination, the applicant will be required
to locate the deficient number of parking spaces off-site to the satisfaction of the City
Manager.
6
~tr. -.J U.lli/V~I 14.4~
OJ LL Ill. ~\dIOtK, Cd. ilL
f, VV..I VVu
BII,,,:IN 5UMSERl;; DUNN eA~NA P"ICf; & AXC:I.ROP I.I.P
Bria" S. Adter. 1i'9lft"
Direct Ditli: (JIU) .i'S0-2JSI
01,.,., FIIX; (J05) j5J-Z206
Enla;I, bafl/.t@bihill.conl
A .......T...~filI."IP Of' ,.lllO"E..I&IO.....l- ...oc.'ATlOHli
..00 "',RST "'NIOM FINANCIAL C:C:"~R
kUU l;o~lH .Iac........... il'HJI.t;.",AAI) e Io4IAMI, F~QfUO'" ~31~1-2>33e
TEt.Eflt10flft:: 130&1 .J7"'7.IO . ,-AX: 130&137"-7..3
E-"'AIL: 1....O..'I.~.N.c:O'" . ~..lUIN.c;:OM
aRCWARP; UUI41 3~G-Q030
September 23, 2002
vlA HAND DF'Lr,JERY
Ms. Joanne Carr
Planning DilOC!,)1
City of A ventur:;
19200 West Country Cluh Drive
4th Floor
Aventura, fL 33180
Re: J.a Estancia Argentina Aventura Corp.
Dear Ms. Carr:
LETTER OF lNTENT
Please allow this letter to serve as our formal letter of intent as required under Item 1 of
an Application for Non-Use Variance with the City of Aventura.
This linn represents La Estancla Argentina Aventura Corp., the proposed tenant of the
property at 171::66 Biscayne Boulevard. La Estancia Argentina is the owner and operator of
gourmet markets specializing in South American gOllTffiet foods, including bread, wine, meats
and other specialty items.
La Est3Dcia currently has a location in Doral and is seeking 10 open up select location,
througllout South Florida, including a location in the City of Avenlura.
TIle property is located in the B-2 District whieh permits grocer)' stores and supennarkets
as a matter of right pursuant to Section 31-144(c)(1)(m}.
The sul'jecl site is located on Biscayne Boulevard, south ofN.E. 179'" Street. Currently
situated on thl: property is a 4,045 < square foot non-conforming structure. Our client is
proposing to d'lmolish approximately 326 square feel of the eXIsting building. Tl1e removal of
this portion of the structure will provIde safer access to the property, improve site circulation,
decrease squaT(' footage (and thus required parking) aml increase the property setbacks.
The .it" plan Indicates that i 5 parking spaces are being provided The zoning legend
indicates that parking is reqUired at one parking space per 250 square fee\. However, for grocccy
'I1HJb'l'I1IP\flSll')(116\; I
QIHJ{)21All'M
EXHIBIT #1
06-VAR-01 REV
~EP. -!J O!IMONi 1449
B i LZ i N. SeMBER. E1. AL
~. UU.)/U!J~
B'LZIN SUM8ERG DUNN fJAENA PRICE; & AxtL.ROD L.L.P
Ms. Joanne Can
Planning Director
Septcmber 23,2)02
Page 2
stores. we recognize that parking is aClUally calculated ilt one parking space per 200 square feel,
for a total of 18 requircd parking spaces. Therefore, oW" client is requesting a variance of the
provisions of Section 31-171(b)(II) of the City of Aventura Land Development Regulations to
allow 15 parking spaces where 18 parklOg spaces are required by Code.
During l'lC widening of Bi1.Cayne Boulevard, the Florida Department of Transportation,
via emincnl domain, took 33.75 feet of the subject property. There JS a public roadway on the
north side of t\1,: property, an FEC Railway to the west of the property, and development on the
south of the pmperty. Therefore, La Estancia, the proposed tenant of the property, is unable to
fttrther expand the property to accommodate the additional required parking. Reccntly, the City
Commission approved a parking vanance for analogous property along Biscayne Boulevard
which was also necessitated by the taking of the right-of-way hy the Flonda Department of
Transportation. Accordingly, the variance is a result of a governmental act unrelated to the
actions of the property owner.
As shown on the proposed elevations in comparison to the enclo.cd current photographs
of the propert:., the Applicant is secking 10 aesthetically enhance the property. including
substantially eXI:ecding the landscape requirements far open spilce, number of trees and creatin~
heavy shrubbery along the property.
Staff should note that on August 7, 2001. the City Commission of the City of Aventura
unanimolJsly approved. pursuant to Resolution No. 2001-58, setback variances for both the front
and the side street setback, decreased buffer strips, and other related vanarlces.
The owner of the property in fact pulled a building permit on July 30, 2002, withm the
one-year time limit afforded under Resolution No. 2001-58.
The curtent application sceks to change the use on the property to a grocery store ralher
than commcrcbl retail. However, with regard to the stmcmfe, all requested variances would
remain the sam e. Therefore, please conslder this our request to maintain the original site plan
approval and variances of the site and the original approval for the stmclure. Our client's
proposed requei;t would merely request a parking v.nanee to provide 15 parking spaces, where
18 parking spai:es are required. The additional FEC parking described in our original Jetter of
intent would m:tigate any effect of the requested variance.
WhIle nus applicallOn differs only to the required parking calculation as the count
parking is calcLlated at one parking space per 200 sqttare feet of gross building area rather than
onc per 250 sq'.lare feet, our client is proposing \0 demolish the same ponion of the structure as
agreed to with 'he City during consideration of Resolution 2001-58. Further, the FEC Ratlway
Lease [or the aCiditional parking spaces negates the parking variance sought by our chenL
We beLieve the above establishes the hardship to justify the parking variance on stte.
However, to even further mitigate against the three deficienl parking spaces, the owner of the
rH 1'\(1\1 TlR1\,lj _'~lJlll to. " 1
9/1.3/Ul 1_26 fM
SEP, - 13 02IMON! 14 50
B: LZ j N, SUMBER, ET. ilL
p, UU4!uu5
BIL.tIN SUMBI:RO DUNN BAENA PRICE & AXE;l.ROl:l 1.1.P
.... i _, .. _ ., __ __ _ ,.... ~~_
lYj,:>. JUd.lllll;; \..-UJl
Plamling Dircw,r
September 23, 2 DOl
Page 3
property has an I~vergreell type of lease wIth FEe Railway for property located contiguous to and
immediately tQ tne west of tne subject site. La Estancia. thrQugh its lease negotiations with Drew
Wolf, has been lSsigned the rights to utilize this space and is providing four additional parking
spaces to suppm1 the proposed La Estanda Gourmet Markct Thercfore, in reality, rather Ihan a
parking shortage, an additlonai parking space over and above thai required by Code will be
provided on site to sel\iice the CUStOfi1CiS of La EstilHcia.
Finally, the parking requirements fQr the Goumlet Market arc calculated on the gross
square footage cf the bUIlding, a substantial portion of the actual floor aTea of the market will be
utilized for rrcc;,er space and storage. Therefore, in conjunction with the above additIonal off.
site parking, We' beiteve the Market provides enough parking to otherwise adequately meet the
anticipated dem;mds for the proposed bus mess cstablishment.
In support of your review of Ih,s application, our client submits the foilowing documents:
\. 1 his original tetter Qfintent;
2 An originai signed and notarilcd Appiication for Non-Use VadaIice,
3. An ongmal Owner's and Encumbrances Report:
4. I\.J1 originai Certificaic oiResoiutions from Nlhltni.DJLi~ County;
5. Twelve (12) signed and sealed surveys of the property;
6. Tweive (j 2) si!,'T1cd and sealed architectural pians, induding ekvatioll',
7. iwelve {l2l signed and seaied landscape plans;
8. Tweive (i 2) sets of photographs of the existing structUre un the propef1y;
9. The signed Business Relationship Affidavits and related authorizations;
iO. C.hc signcd and notarized Applicant Representative Affidavit,
1 \. Certified list of property owners and associated maihng labels;
12. A cO;lY of City of Aventura Resolution No. 200i ,58;
13. The Real Estate Lease between florida East Coast Raiiway, L.L.c. and Drew A-
Wolt and UTelcllcn Wolf, executed August 14, 200i, WiTh a tcnn through june 30, 2002;
14 j uly 9, 2002 EXlt:J1sion of Lease T emlS; and
\75B6\ 17181\ # 5898111 '1'1
'In:iiG21J.(i PM
SEP.-~3 02i)iuNi ;.'j 50
BlLZI~ ~uM8Ek, ST. AL
y UU5il)U~
BILZIN SUMDl:ftO DUNN aAeNA PRICE & AXEL"OP LLP
Ms. JOa.'1..rlC Can
Planning Director
September 23. 2002
rage 4
15. September II, 2002 Letter Agreement between ClaudIO KOJusl1er as PreSlcent of
La Estancia A.tgentina Aventura~ Inc. and Drew Woif, assignor the righi foi' La Estiincia to utilize
the F.E.C, Raliwav ParkIng Spaces.
Based 0,,1 me foregoing, we respectfuiiy request staffs favorabie recommendalion of our
diem's request.. 1f we can aSs.iSl In proYldlng aoulllonat UOCUInenU1tioH In s.uppnn oi' tni:;
appiicallOn; pie;!iSe do not hesitate to contact me at 305/350.2374.
Very truly yours,
_.....--,
/'f, C) 1/
\...::,../ ..... )"'----
Stanley B. Price
(.
..l-Lr
SBP!BSA
Enclosure
;,7~Hb\j7'7B7\# 5ii981 iJv 1
'J;lJI02 L16 PM
· EXHIBIT #2
06-VAR-01 REV
EXHiBIT #3
()~-\/AQ-()1
..,
1*'''.
r ----------.- -
. - .......---
-~- - \
~
., =
\
EXHIBIT #4
17866 BISCAYNE BOULEVARD
06-VAR-01 REV
;:::: - .~.
-,
17866 BISCAYNE BOULEVARD
06-VAR-01 REV
RESOLUTION NO. 2001-68
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING A
VARIANCE FROM SECTION 31-144(C) OF THE CITY'S
LAND DEVELOPMENT REGULATIONS TO ALLOW
FRONT YARD SETBACK OF 0.30' WHERE A 25'
SETBACK IS REQUIRED BY CODE; DENYING A
VARIANCE FROM SECTION 31-221(1) OF THE CITY'S
LAND DEVELOPMENT REGULATIONS TO ALLOW A
TERMINAL PARKING ISLAND WIDTH OF 6' EXCLUDING
CURBING WHERE A WIDTH OF r EXCLUDING
CURBING IS REQUIRED BY CODE; APPROVING A
VARIANCE FROM SECTION 31-144(C) OF THE CITY'S
LAND DEVELOPMENT REGULATIONS TO ALLOW A
STREET SIDE YARD SETBACK OF 13' WHERE A 20'
SETBACK IS REQUIRED BY CODE; APPROVING
VARIANCES FROM SECTION 31-221(1) OF THE CITY'S
LAND DEVELOPMENT REGULATIONS TO AlLOW
BUFFER STRIPS LESS THAN 7' IN WIDTH ADJACENT
TO THE SOUTH PROJECT LIMIT AND WEST PROPERTY
LINE AND ADJACENT TO THE SOUTH AND WEST
LIMITS OF THE BUILDING; FOR PROPERTY LOCATED
AT 17866 BISCAYNE BOULEVARD: PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the property described herein is zoned 82, Community Business
District; and
WHEREAS, the applicant Lad Ventures, Inc., through Application No. 06-VAA-
01, is requesting the following variances to permit the renovation of an existing building
and development of the subject property:
1. A variance from SectIon 31-144(c) of the City's Land Development Regulations
to allow front yard setback of 0.30' where a 25' setback is required by Code.
EXHIBIT #5
06-VAR-01 REV
Resolution No. 2001-58
Page 2
2. A variance from Section 31-144(c) of the City's Land Development Regulations
to allow a street side yard setback of 13' where a 20' setback Is required by
Code.
3. A variance from Section 31-221(i) of the City's Land Development Regulations
to allow buffer strips less than 7' in width adjacent to the south project limit and
west property line and adjacent to the south and west limits of the building.
4. A variance from Section 31-221(i) of the City's Land Development Regulations
to allow a terminal parking island width of 6' excluding curbing where a width of
7' excluding curbing is required by Code; and
WHEREAS, following proper notice, the City Commission has held a public
hearing, as provided by law; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application Is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
SectIon 1. Application for a variance from Section 31-144(c) of the City's Land
Development Regulations to allow front yard setback of 0.30' where a 25' setback is
required by Code, on property legally described as:
Lots 9 & 10 of .Maule Federal Highway Industrial Sites., according to the
plat thereof. as recorded in Book 46, Page 55 of the public records of
Miami-Dade County, Florida, less the east 33.75 feet thereof dedicated
for right-of-way.
aka
Resolution No. 2001-58
Page 3
17866 Biscayne Boulevard
Is hereby approved.
Section 2. Application for a variance from Section 31-144(c) of the City's Land
Development Regulations to allow a street side yard setback of 13' where a 20' setback
is reqUired by Code is hereby approved.
Section 3. Applications for a variance from Section 31-221 (i) of the City's Land
Development Regulations to allow buffer strips less than T in width adjacent to the
south project limit and west property line and adjacent to the south and west limits of
the building are hereby approved, and more specifically the following:
1. Approve the request to allow a buffer strip of S' In width at the southerly project
limit where a T buffer strip Is required by.Code.
2. Approve the request to allow a buffer strip of 2' in width at the southwesterly
property line where a 7' buffer strip is required by Code.
3. Approve the request to allow a buffer strip of 0' in width at the northwesterly
property line where a 7' buffer strip is required by Code.
4. Approve the request to allow a buffer strip of 6' In width at the southerly building
limit where a 7' buffer strip Is required by Code.
S. Approve the request to allow a buffer strip of 5'10" in width at the westerly
building limit where a 7' buffer strip is required by Code;
All approvals subject to the following conditions:
1. Plans shall substantially comply with those submitted as follows:
. "Proposed Retail Stores for Lad Ventures Inc.", Site Plan, Sheet SP-1, prepared by
Arc- Tech Associates Incorporated, dated 06128/01, signed and sealed 06129/01.
Resolution No. 2001-58
Page 4
. 'proposed Retail Stores for Lad Ventures Inc.", Building Elevations, Sheet A-1,
prepared by Arc-Tech Associates Incorporated, dated 06128101, signed and sealed
06129101.
. 'Proposed Retail Stores for Lad Ventures Inc.", West Elevation, Sheet A-2,
prepared by Aro-Tech Associates Incorporated, dated 06128101, signed and sealed
06129101.
. 'Proposed Retail Stores', Grading and Drainage Site Plan, Sheet C-1, prepared by
Pistorino & A1am Consulting Engineers, Inc., dated 11121/00, signed and sealed
06/18101.
. 'Proposed Retail Stores for Lad Ventures Inc.", Planting Plan, Sheet LA.-1, prepared
by Rosenberg Design Group, dated 6125101. signed and sealed.
2. Pennits shall be obtained within twelve (12) months of the date of the Resolution or
the approvals granted shall be deemed null and void unless extended by a motion
of the City Commission.
3. The applicant shall provide confinnation of a signed Lease with FEC Railway for the
installation of three proposed parking spaces and landscaping to the west of the
property limit, prior to issuance of a building pennit.
4. Prior to issuance of a building pennit for this site, the applicant shall submit for
review and approval an amended Site Plan for the InterAmerican Car Rental site
removing the remote controlled gate access between the InterAmerican and subject
site.
5. The applicant shall record this Resolution in the Public Records of Miami-Dade
County, prior to the issuance of a building pennit. All expenses shall be borne by
the applicant
6. The applicant shall provide structural components inside the northeast comer and
east elevations of the building so as to provide protection for the occupants of the
building in case of possible vehicular impact, subject to City Manager approval.
Resolution No. 2001-58
Page 5
Section 4. The City Manager is authorized to cause the issuance of pennits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Holzberg, who moved
its adoption. The motion was seconded by Commissioner Rogers-Llbert. and upon
being put to a vote, the vote was as follows
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Ubert
Vice Mayor Ken Cohen
Mayor Je1frey M. Perlow
yes
yes
yes
yes
yes
yes
absent from the room
PASSED AND ADOPTED this 7th day of August, 2001.
i Ice of the City Clerk this 11. day of August. 2001.
~
CITY
,~.
.... I
I I
ll. I
1Il
.
1116LI 3N 'T.l .
'-'-'-'-'-'-'-'-'-'-'-'-'-1-'-
I
i
I
!
I
i
!
I
!
I
i
i
i
i
i
i-
,8
I'
.0
I:::
!~
I.
.0
I'"
ii;;
i10
i~
z
~I
~ a..~
~I
1Il
.
I
~ I
"I
!Is
III
I
I
~ i
i
i
t-
i
i
i
i
i
i
i
i
i
'Ill Ii
~ j~
II: I~
I i
. i
i
i
i
i ~
i
i
~, ~.G-sa
!
I
8j
~i
....
~ !
~
o
d
'"
'"
"
z
9.-:.
-"
ffig
5~ I~
~~ ~:
C)~ ~~
~~ ~~
~k:.
~s
~
10
.
~
ill
10
-
ll~!
f. I
~ill.
. I
i().
-I
Ill'
i
I
) 'r
,~
II:
I
i"
.~
!.~
I I , ,~
s i \
~! ~ ~
~j~~ il
L ~ ~ ~
I ~
a""
:r:U)~:;
()~~:~
~""Q::'
'0'
IOQ;
o~.
U(f)"'":
Q::(f)o~
fjt
..........
~:i
10
ih
':1 .
1::)'6.
.0--
."' '"
-LLle
I~ .
i~~
jm-
I
i
i
I
i
I
i
I
i
i
I
'. '~
';":;:\":'. \
ii:':l ~
. ii. il \ I
! i~ ~ II ~ G
;! I ~ ) jl
~$l~ -~...---{ ~.. ~~J ~s
.. -~ .. j" i
._.-._.~ c~~''f,'; :;'-:S~-.~7 s .J'1'1
. .. I --', ~ I I
i~ .......:;-- h !,t(-
~-'-~';o~Z~:;~9i-:;LS-' '""-1'
~ i
!
I
i
i
i
1/
~ ~
~di
Wz
~-
o
liif1~
...JO::
~:::>~
~~B
fi:l>~
1Il0_
lr :5 Ie
~ I
i
i
I
i
i
i
i
i
i
EXHIBIT #6
06-VAR-01 REV
'l ~ ~~~
!i! "15"
~~~~~I
I;ji!!~o;~ .
.,\ .,
.1/'.,
~.'i ~
-i'
!
! I
! .
, ,
I
-'>~'.'
.....-. .'C--~.:
r:.: ~ .>i
" .i?~-
I'll
~ II,
: Ii:
~
o
i=
~
w
"
z
C
-'
5
III
q
~
i
~
;
,
~
~
"
~
~
lIllil : ~
:till"" ..
0""'iI;:'
!'l'il;lt:
"""-0-
IOQ.~
OOlt,
ltlllO:
lIlO.
i3i.
..........
~:,
~
..
"Z
~
~
,R
-' U
~ ~
lJl'
~
Z ~
~ ~
O ~
5 ~
~ ~'
u::. ~
lJl g
Ll "
ct: ~
~ ~
(f) ~
---1 ~
~ ~
iLl 0
ct: ~
u
o lj
I1J
(f)
o
0..
~
0..
~o~
t"!,L
~f~JL
11~~':~
li~"
-:;, ~. ..q
,,~.,\
t.
'''JF~~'';>'
,\1
c
i1
J
,
.
- .~
4
'<
J:~$-~ ~
. ,
.1
~. ,
;'
! I
f'.,
. ,
,
,
!
tr_
~lit-
I'V t ;i
, l'i , .
1til;-~
:-!;r-.:! "
1;+ 1:
: i
",
~_ .~~:t$.;,;.... ~
;" ....,~ (_<<6
'1i-l '~
-~..,.,
" ,'r', A
:,~.~.~>
~ . t
\S'..}~
~
I' N
,
<
'111
hll
. ~ ~
(',
ij
~ ~ i
> I
w
-'
W
I-
~
.
i
.
I
I
2
Q
>-
:'t
it
-'
w
a:.
:r:l/)kJ .,
ulLli-:::
Lwl--oq:: ::
f--.:<(O::s
,00;
oQ.
Ul/)Cl:::
Ql/)O'
~i.
Ie..
~:;
>-
~
0-
:~
:5
~
~
en
-'
iI
~I
I
j
~
~
cL
::J ~
~ -t
~ i
z
o U!
<1: ~
-' ,-
;d
~ ~
(j1 2
wi,!;'
"' ~
Q ~
~ ((j
-.J a
4. ~
I-' r
lLI .
~ ~
Jl
o
Li
~I
...
-...,....- ............--.,
SEP.-19'02(THU) 1413
S!l'-19-.2 18'57
BILZIN. SUMBER. ET. AL
R01HP
P.010/014
P.~B.:'!1. _._
arrl ralfT ".......NTATMI."IIAYIT
p_" _ ~1.711'1CII01 of lie ~ of _ ~ D. 'r"Ml Cado. ... AJlIllIoMlII '** .... ....
oui>mlloll. 1loI1IldllrI!IN4 _ ,..._~.l .. fiI llellllN*lll II __ ......... ".... Do........_. ...... lIlhII:ll II
__In "'" ~ _..... _.. __ lie ~..... lie................, ilOlIllr......
1dIrIW.......Np,...IInQM~or...~Iar...Da-. .~j.~ll,._,l r...... lJ" d_.
faUaw6:
-
AelIlan_ 0... *...........-..........
MH_,IingInon, L.....I...1
......,. PtIea. ~_
.- ...
rLoll."A .......111_
~
L.a~
--
~~n
--
C_AMIaIIII_w-..rrl
NOTIe., AN\' 8TA~NT ':1ft IlI!I'IlE8ENT..TlON MAIlE IlV NN ~ASON UIlWl 0l?I lIE lI'PUCNlT
RiP~E8I!NT"TllIE A1'FIIlAI/IT !IItlLL lIE lIiNlllNll UPON 1HI! 1NDMIlUAI. O~ ~ITV IlI'PLYIHG FOR TH~
PfVtLOPMF,,", Pll/IMll ANCllllli OWNI!ll 0' THI IUII.I!CT ,._ /!lI.T'f. AI'PLlCONTII AN) AI'~IANTB _
AIl\IIIlIIlI TO n"LY ~ THII _lIIl f'UMUANT TO 850. :INIIDlOlCl\ll 0' THE l:IT'r'Il LAND
DEVEL.DPMENT ~l1llN1lN THlI em' ClIOE.lN THJ tI\IIlIT THAT PIIIOR TO 'ClIlilSIDERA'TlON Of' THE
APPUC"TJQN IV THe em' IIOARIl OR ?OII"~"DfI. TI1I1INFCRMATllIN flROVClEIllN THE N'FtIlAYIT
IIlIiCOlloCIINQDflI\Ii~'T OR I~,
WITl'lESS MY HIIND T~" _DAV OF
AUTHORIZED _REENT"lM. Of' ""P\.ICA,,",
:1002.
\Iy;
6WlItJ I. PIICe
61Mfn1Mil
:~
TI""' " .....
Addr8eI;"&aII~.-' ~.....IIi "'1'IUD
T1Ua:
By.
Tlllo:
Bri...e.,....
AI....,
AQ4iJ=Nd K,~___
IV: - iiA
Loa_
TllIo:
..dd....:
MI.. "Ita 110
...
Ilv:
11111'
Addrua: 177l11l1D -t..,.........
No"'" ....... - L Fm.1da st...
\15:tJMt flln. 5IMlfI..l
.iM1II:1).....
SEP. -19' 02!THUI 14.14 B I LZ I N, SUMBER. ET. AL
5!P-1~2lII2 IB'58 ROMI
P. 0111014
P..I.I~}~. .._
IldiT&III7...TIftIIMD\lI8IOMB
STATeCll'1'\.llIIlIlA
COUInV Cll' Illl%HWl~ I
wwo.. ill. _...nod ....,111\'...... JlllIW A. WOIJI pd GIlETQE" WQI.F, ..In. 1lI1~ ....-~
of IIlO 4II!lIllotnlllldlor. 0_ ai/tlIl1fOP11lW.... II 1Ie~, .....IIIInI..... ....., _. dill "'111'''' otItm
_ heI."",- "'It NIiIIOIlIor............ _lhoIIill.............--
5WOIQ\lTO ANPIU~lilll.."; iii ..1Iu!:..~.;.~-.
~~ __ N iIlillC'" ...........
~. .r eo",..
-"0,,\;/' ..y~..- _..,..nIuItn......!
ITAT~ OF F\.OllIIlA I
COUN1'V Of M.....-llAlli< I
BoIonI OW .... ...."""".. Ill""" ....... ITANLEY II. PItiCli, .. .. ........... __Iiwl 01... ...."1
ond/or In. _ '" .... __ I'*' .. II\I ........ .... -.a lrol'" .. ..... - ... - at .""'" lIlII'hoIoIlo
...<lIIIdt/lllW"'lDr,,-'__~IiIo/Ifri_IMI."""'IIlII-.
SWOftN TO AND IUIIBllIllleD 1If~ lIE ~._ IIV at .2111l'.1.
..
...... Publll..... 111-.........
"""'N.- of Noll",
.... '*'Il'''n"'.....
BTATI Of MAIDA I
COlJNlY llf MIAIoII-IlAP~ I
__ OW lht..,d1OIIguoloull\Ol1lro"r" III _ &._ ....."""'.__at "'" ~ lIIdIat
Ill. _ 01.... """"".... 1M Ill. ~ _..........,....w -. tIlIl_ IIrtIIMI Nlllolaht.- ....
A"'O."'IOI.......-_~.....,.lIll._...-
6WOAN TO AND llU..CI~llI'P lIE_I ME Ill.. _ oltV 01 , :IQQI.
NoIorVPuIllIO-al- ol'-
MlIIlI_ 01 NaIiQ
.., Q:III'.na.~n .lIpl..
&Tt.n Cll' 1'LORllIt. I
COUNTY ap: ,...,,, DADf l,
Ilo/D.. .. .,. ........... .ull."lIy __ LID ROTll. 111111 "UIhOI1It4l .......... "Ill ~t ...... ..
awnlll' of Ill. ~ Ill""". _ .......... .... l1li"" l1li'" lilt 4IiIV _, 014 .- Of - ... ...... .....1Id ....
AtIIIll'IIt!of... """....IiI/IIl~IIlII..I.I. WIII...._
.WOIUIlOANPBU8&c:';~ 1IIl'CM..:..j!:dIy&", If. -: ./
~~::~ __ at ~ J"J-;-""
.; DOI_ MY "
... rr .,,111 J .A
STA'TEClFfLOAlDA W ",,"
COUNlY OF _lo01>Dt I
801011 ... .. .n....,111Od ooIIlIIIlIr __ LAWIlENCIi SIIlON. II .. ..- --.... of Iht AFI*I"I
-.. Iho _ af IhI ,...... ~ . Ill' illllilaalloll. WIll 110111 1Itl.., .. dll1, _, tId - .. -.. Ihol~_
.......11111"""'""" fotlhl """_...........- ~" ",.""'_L
6WORH'TO AND&Unl::!'ll1C1l1e'OM III J~dor.r --
-
II UIp
fiblrab $. AII'aI ~ _S.e1A FI
._ I'Il_Non"'"_
lIII!!.e:;'- Mf_.A~."'"
............,t..11lt.
\7SJJIU'J1I1\..,..,
..lUll....
SEP.-19'02ITHUI1412
SEP-l9-20B2 1~:S6
BILZIN, SUMBER, ET. AL
ROTHlI
P,004/014
P.B41'14
,
1U8lN_IUi\.ATtONIt411' AI'flDAYrr
Thill Aft\daIIIII& ~ purlU8IlIlD 8ecIIon 31-1'Ollt2llll of'" ClIy III A_.... \.II1d DlII.'IO.MIIIl~. TIl. UIlClCllIlIP1Bd AManl
horollr ~-1 5 _ I/IIIIIIC ~lh "'If' appllollllle ........llllM
pc J ,. A/IiIJnI dcIo5 IIfIl /MnI. . BilIin- R".nllllp wi" IIIV IIlIrnIlIr of till ClIv Cammlla/Cln or lilY City
~ ea.d lD..tllch !hI .pp11c111Dn wIIl11..-lId.
t I 2. AllIInll1~ ,.....1 l11h8t II ~_. 11_. ..._ RIIIidlIlnllhlp'" allllnW of Ihlt Clll' Comrnillllan
or I ~ Advl..., a.ns 10 lIIl1Ich 1/1tI...,. .. wiIIlle ~ntad,-tGlIIMI;
11.1&1 ria'" of c..._JM111' Dr AdvIllllJ ll-'I MIlmbltr) l1li\0 .MlI an th.
eu.t ell~ c..,,".d I'"" ... ClIr o\dul.ary IkIIrd _ wIItOh lllDmllllr _al
Tt. naIll'" '" lito ..... RlllIIoMhlp 1& 81 fGI1awa;
Memllllr III CI\1I C<llIV1'1IlIIlllll DIt IlIIIIrd hclId. .n _Ittp InW.t In _a of ,% III toIII MlBbi Dr
OlIIli1a1'lIIt~ of AllP_lllf ftIprWIl1Iallve:
r.IMU, Ilf City CGllI'ftI'~M DIt BAIIlII. . pllltnlr,llMhlllhGlll.r lla III 11\11... of. CllIJlOl1l~lIlI wIllgJ1
.r. IICII nlllld DII lIIIY IIIIlklnIl Dr nllIID/IIl IlIId< ..."...., ar 101111 venllnr wllll III ApplIMrd at
RIIpTnMl.1Mt In 'Ilf bIlli_ -..:
III-
tl ii.
I J WI. Thl Ap!lllc....1 Dr ~1lIlioI 1& . CltInl af, lllIna.r Df lha CllII CDmmlHlllll ar BDlIIIlI' ~ ClIIIII or
.n.....r pmf'HlIlIl. -nu!lllm lito..... DftlCIIIf'1If 1h...1III ~.r H lito ...mI>Ir 01 tIl. Clly
CGnvnlfl&lAn Dr lJoII'Il:
I I'". A CI... Clom..lon- Dr B_ II1ItNlIr It . CliInr III tIlll APPICIlIl or ~lf1lallv.;
II v. The AppIloInt Ar ,....,..11. CloIlIINl '" lhtlllllrnblt of tile CIIV CcImIT*IDlI Dr Burd (DIt AI hll
ar har ....,11'1 .1Id !lMJIIIaIa _ IIIn '11l,11OO,OO III lito """In.... .., .... II'IIlllbN at lito CIty
ell""',*", IIf IIclIrd la, hi. Of /lOr 1Ij~ In . a1- llIHndll WMr.
II vi. 'nla mUlnPlr 0( till CIIv Comm!1I1on or IIOIIlIII . CIl.lallllr lit Ihe ~lcInl Dr IWplHllltallllG and
lIWlAIlllI t'IIllI'lI lhan sas.oao.1lO allIMI bu_ 01l1li AlIl1lllllnl DIt RlpiMlUllIVII In . glllGn ealllndlr
year.
WITNESS MY tI~ THII J." ~ DA'!' OF IIIplantlor. 2ClIIf.
naNN~ K
,~()i /
(
(SlQndllI)
tSWnlrllll)
. llIa ........ "8ulltllla R.,.,...hlp,. ClIII~' "C\IIfllmII',' 'AH<<c1/lf. ' "R1>pa* IIIIW"_ ""'''''_11 ~. ~1lI dellnflcl
In SIIII"" 2-31111 D(1h8 AIIlIllfIlll CIty CodlI.
SEP.-19'Q2(THU) 14\2
SEP-19-2l!IlIJ2 18' 56
B1LZIN, SUMBER. ET. AL
ROTHII
P.005/0l4
P.05/14
~O'I'AR1ZAnOX PROVIllONlI
STAT!:; OF Flt)RIDA. )
COUNTY OF MtAMl:.DADI )
Before Illll thllunderalpalaulllorilY IfIPI'IRd DREW A.. WOLl' llII4 ORETCHBN WOlJll!. IS tho
authorind ~lvo of the AppllGlllt aadfor tllB OWII<< of lllll pt01lorty IIIbJIlCt to 1hc IIpJIUcation. who bDillI
fin;\ by !DC duly IWon~ did IWIlIl' or aflirm that ~ l:UlCutId \1lia AftichYl1 for IbcI PlIIP- .wed Iharem IIld
that it Illnlo Il1Cl COftlnct.
SWO~ TO 100) SUBSClUBJ:iP BZfOllB ME iii.
dayor~2002.
Ploridll a\l-arp
My DOIIIIDIadOll explrea:
~,.,,~ NaI'__
Ov 1UWIIIt..._
_D1_
" J DO'.....
"too .rr" Ih'ru r ,.....
Ih fM'tJl
BUSINESS RELATIONSHIP AFFIDAVIT.
This Affidavit is made pursuant to Section 31.71(b)(2)(ii) of the City of Aventura land Development Code. The undersigned Affiant
hereby discloses that: (mark with "x" applicable portions only)
[X] 1. Affiant does D.Q! 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:
A City Commissioner or Board member is a Client of the Applicant or Representative;
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 'I-t... DAY OFSeptember. 2002.
APPLI~~R~~
By: '....~.~
Name: Stanle B. .Pri€e
Title: Attornev
[J i.
[ ] ii.
I] iii.
I ] iv.
I J v.
Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or
capital stock of Applicant or Representative;
Member of City Commission or Board is a partner, co.shareholder (as to shares of a corporation which
are not listed on any national or regional stock exchange) or joint venturer with the Applicant or
Representative in any business venture;
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;
(Signature)
(Print)
(Print)
WITNESS MY HAND THIS
PROPERTY OWNER:
DAY OF
.2002.
(Signature)
Drew A. Wolf, Owner
(Signature)
Gretchen Wolf
. The terms "Business Relationship," Client," "Customer," "Applicant," "Representative" and "Interested Person" are defined
in Section 2-395 of the Aventure City Code.
\7SJJ6\1771\7\1I5R49ROvl
<JI4!02111:46AM
BUSINESS RELATIONSHIP AFFIDAVIT"
This Affidavit is made pursuant to Section 31-71 (b)(2)(ii) of the City of Aventura land Development Code. The undersigned Affiant
hereby discloses that (mark with "x" applicable portions only)
(X] 1. Affiant does not have a Business Relationship with any member of the City Commission or any City
Advisory Board to which the application will be presented.
[ ] 2. Affiant hereby discloses that it does have a Business Relationship with a member of the City Commission
or a City Advisory Board to which the application will be presented, as follows;
(List name of Commissioner or Advisory Board Member) who serves on the
(List City Commission or City Advisory Board upon which member serves)
The nature of the Business Relationship is as follows:
Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or
capital stock of Applicant or Representative;
iJ i.
i] ii.
I] iii.
iJ iv.
I ] v.
Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which
are not listed on any national or regional stock exchange) or joint venturer with the Applicant or
Representative in any business venture;
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;
A City Commissioner or Board member is a Client of the Applicant or Representative;
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 ~ DAY OF September. 2002.
:~:PLICANiE':;IVE:
Name: BO-------.L
Title: Attomev
(Signature)
(Print)
(Print)
WITNESS MY HAND THIS
PROPERTY OWNER:
DAY OF
.2002.
(S;gnature)
Drew A. Wolf, Owner
(Signature)
Gretchen Wolf
The terms "Business Relationship," Client," "Customer," "Applicant," "Representative" and "Interested Person" are defined
in Section 2-395 of the Aventura City Code.
\7SJJ(i\I77&7\flS&66S& v I
914/02 10:47 AM
NOTARIZATION PROVISIONS
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
Before me the undersigned authority appeared DREW A. WOLF and GRETCHEN WOLFE, as the authorized
representative of the Applicant and/or the owner of the property subject to the application. who being first by me duly sworn, did
swear or affirm that he/she executed this Affidavit for the purposes staled therein and that it is true and correct.
SWORN TO AND SUBSCRIBED BEFORE ME this _ day of
.2002.
Notary Public State of Florida at large
Printed Name of Notary
My commission expires:
STATE OF FLORIDA )
COUNTY OF MIAMI.DADE )
Before me the undersigned authority appeared STANLEY B. PRICE, as the authorized representative of the Applicant
and/or the owner of the property subject to the application, who being first by me duly sworn, did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and co t.
SWORN TO AND SUBSCRIBED BEFORE ME this ~ day of
.''''",:: ElJZAI!ETH ORTIZ
: :~ MY COMMISSION' CC 797302
EXPIRES: December 17 2002
IlandtdThruPicha'dl~Agtnc~
STATE OF FLORIDA )
COUNTY OF MIAMI.DADE )
Before me the undersigned authority appeared BRIAN S. ADLER, as the authorized representative of the Applicant and/or
the owner of the property subject to the application, who being first by me duly swom, did swear or affirm that he/she executed this
Affidavit for the purposes stated therein and that it is true and correct.
SWORN TO AND SUBSCRIBED BEFORE ME thirf/L0 day of ~, .2002.
ETlIORTIZ 'CfC .
\.f~'~ MYC:ION.CC797302 Notary,.Pu lie State of Florida at arge
,~\t} t EXP1F1ES:Deeeniler17,2.002 Printed~ me of Notary
',7.((Rr~. BolldICI1hnI\'k:tllldInl\llI/'lC&AQIrq' My commission expires:
STATE OF FLORIDA )
COUNTY OF MIAMI.DADE )
Before me the undersigned authority appeared LEO ROTH, as the authorized representative of the Applicant and/or the
owner of the property subject to the application, who being first by me duly swom, did swear or affirm that he/she executed this
Affidavit for the purposes stated therein and that it is true and correct.
SWORN TO AND SUBSCRIBED BEFORE ME this _ day of
.2002.
Notary Public State of Florida at Large
Printed Name of Notary
My commission expires:
STATE OF FLORIDA )
COUNTY OF MIAMI.DADE )
Before me the undersigned authority appeared LAWRENCE SIMON, as the authorized representative of the Applicant
and/or the owner of the property subject to the application, who being first by me duly sworn, did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that it is true and correct.
SWORN TO AND SUBSCRIBED BEFORE ME this _ day of
.2002.
Notary Public State of Florida at Large
Printed Name of Notary
My commission expires:
\75336\17787\# 586676 v I
9/410211:48AM
SEP.-19'02(THUI1412
SEP-l9-20B2 11!: 5G
BILZIN, SUMBER. ET. AL
RClTHIl
P. 00&/014
P.l!6/14
....... MS.ATlDNII"", N'J'I(IAVIr
Thlt MdNllalllllClD pu..-d lD 1IclIlll1 31-71lbllllll1l!lf" CIty uf ....,111111 Lind o...la~ment CIa. The unqlllllgnld Mia1\t
l\llratly di_lIlllI: (milltt wllIl...' ..~b11 pD/ICllle llIIIr)
pc 1 I, A/ll1ll\1 1flI.. IlIII haVII I B~t1"".. "11I1IanINp wIIh 1Il~ JllIlll\IIt If ilia Clly CIlmrnIuIllII ar In, CIlV
AlMIary IIoaNIIo wNcillll1. I_~an'" DI ~.d.
II 2. Afftanl hllllll!V _1_ "a(~ 11IueI- RIIIlIan", will . maMlllr of thot CllY COllIl'lI.llan
ar II City Advl-r IIaInllll.lilClllhllJlllllollOll wi ba JRIIllIId. .. rol1awej
(WIt n_ ar CGllInIulanar If AllvIIOlY IJurd """"M. _s an 1111
(t.hl CIIV CaIIII,' Ill'" . CIty AdvIIGIlIItIId ullllfl WI1lch ....1JtI.18MI1
Thl nall.inl or Ule ~ Ralallonlhlp II..~:
MemIlIr 0\' C1lY C.......IDlI II IlDInI haldl III _hIP I,*,-II In ..GO.!If 1'" DIIaIlll .... GO'
ClPlIIlt III1llk Q( AppIICIfII or ~nIIt1v1j
Ill.
I I'. M8IIlb8r III CII, eomml.... '" ac.ns II . 1lI""1I', _""'''~ (ll1II1Ih"" D' · CIIlpllllUOn IlIhlah
111'0 RDl ".I.d on IIW ..1aMI or regianl' IIDIk .....np) Dl' lalnl ~lUr.r wllh Ihe Applicant m
Reprtillllall..1n In, _~ .......:
11 iii.
TlIe ApplillOllll or Rlpfll...n1aMw .. I CIIInI of I IMI'IlIlIr !If Ihll ~ Cammlulan or BaIIId II I CllIlllI of
-'liar p,..,...Ia...1 wallclnO ... 1M _ llflk:a ar rllt III _ ."."., II lI\lI r-mb- !If till C1lY
CamIrIIIIan II aolllli
t I IV. A C11v COIIlmlulan_ Dr aui'd ,,_,""11. Clienl pflhl Appl1Gln\ Ill' ~1alIVIr.
II v. TIle ~"""I ar ~lnla.VII" I CUeIamlr IlIIhllIMl\lller af ItIII ~ CcIInIIP&IIIII '" IIoIrcl (or of hi.
or .. ,anpIaylIrlllld trlllUCII mora IhlIn $10,aao.oo of 11101 bulllIMI or ... ...m>ar .11111 CIIy
Cammilllon Of aa.d (or hlI 01 hlr IrnplaVlr) In . QMllI......dlll' ~ar.
II VI. TI1D mambOr all/lII CIly CammI"n or IIOlIl'd II I ~ IlIIIle AppllGlnl II ~tII\NI Illd
tranllaCll Itlll,. 1Ilan 12I,l1l11l.DD or.. _hIM. d till Applk:lnl or AlprlIIlInla\We 1/1 I g1\llln ~dIr
yaw.
. SS MYHAND THI8~OAV OF ~ 2IlD2.
, pf'I!S " 1.~'iIJt
If.. (",....,,.j
LIl!! AnIlI (PtIntJ
AllIOl'Illl\l (,.",,~
WITNUI MYfoI~NDlHI8~DAYOF ~ 2IIlI2.
I\PPLI
Bv: .
N_:
TItIl!!'
. TIle,."". 'BIr&r-R 11fp.......cr..r.."llw1l r<<...W.-IP'..~-".""''''''''lf d,..,.,.....delined
In SJIIIian NUl; d I/NI ~)MIIft CIll' CadI. .
\lm6\I17P1__1.1
"_I~:lQr"
SEP.-19'02(THU) 1413
sep-l'3-20B2 lll:S'?
BILZIN, SUMBER. ET. AL
ROTHIl
P.007/014
P.07/14
STATBOf f't.OIUDJI, )
COUNTY OP MlAMl.DAD! )
Bot'oP .. UIe 11IIId....lpled IUI\1lIrtcy IpJIIIJId WID llOTH. II l1D IalIlbariHd raprullIIlaiiw at tha
AppliCll\llllllloc till OWllII' oCUlI ~ IIIbjOCC 10 thlapplicatloa. who belllg ftnt by mo dWy IWOnI, 4itlswIIl'
or affiJllllllat hrJlhe e:lCClltcd thl. 4tltdavit for llla JIllI1IO.I..* 1I1are1a 1114 thll it is UUlI and COlPct,
.WORNTO""" BtIlSCRlIIlIDIlIlJQ........~of~ "'".
~~~d.atlArl~
Pri1ll*l NIDID olNalll'):
My WIIIIIli&.ilm GqI11'll:
ii). ,-
a -
, .....--
OOIall..
" ~ ..R Uy-~ 114"'.
00 tIlT v DOl
sep-19-20B2 lB'57
BILZIN, SUMBER. ET. AL
FIlTHIl
P. 008/014
P.BIl/14
SEP.-19'02(THU) 1413
_NllIIi IIEl.Al'JC)UtIllI AfFIDAWT"
This AItIdevK II m;III8 puIIlIllIlt to alIClIPn 31""(b)(2)(i1) or lhI CIlr or AvIlllUI'I L..s IllIilllrllllftllll CadI. 11Ie unct.rliignld AIIlIIIII
he"'" IT 1 .... "'*" w\Ih "rf' I.H Un~'~ parIIanIlllIIYl
IX I ,. AIIIIIl dlIll5 JIlIl /11M I Busl_ ......llIl.hIp wIIh IIlV IllIlIlIber of lhe City CDrnmlllla/l .., anv Cl~
Mv\lOlY a,18111 tit wllIdIlhe IF r~,'lan wid DI pIUIlllod.
112. AIIlIntlW.....~IIlT....----......'UIII ....wlhil.....llflhBCIlIIc.....~11IiDn
III' I CIIY Ildvlsury BGIllI tit wI*h IIIIIppIaaIlan .... III ~.... .. '*-;
(I.W _ of CammIIIIarIII' CIf Alt.., lIolIId ~ wha ..... on 1110
(\.Ill c-.. o.....,J....n lit CIIlI ""'ilMIV IIDanI ~pan whloh.......... .llNlIll)
n-l\IIIlIII ~... !IIlIl_1WIIIGnIhIJI ~.. flllDwi:
~ at CIIy CclIImIIlCIII Dr .. hllldla.. -.hip InWHIln -- tl1~ of '*' ...... or
ClPlliII sklck or ~ lit Aapl'lBIIIIIUve:
Mamba, al ClllV CommIIlion Of ..... II . .....,. ~ (11111 II/lItII DI I "'PClrauan wI1ll:h
Irl nDt I"slld "" Inv n....... Of rqlanal 0lIl0k 1IIIdlIInQll) lII' )lint 1ICllllu/IIr wtll1 11\0 ~p'lo:anl llt
ReprloenlllllYllln Iny llllllneSl venlUnr,
Thllllppllllllrll Of Raprl_1IIJvt 10 . CIIM& or . IIIIlIlIltf or Ilut CIty CtIIIIIIII_ llt aa.d Ill' I Cllant of
lII1OIh.- p""""....... wwtUna Imm 1hl s_ alii.. Of tar \hlI sarno "'DWW II ... lI'IImIIor or lho City
CotmllIIlon III' IIaIrd:
A Cllr Comm!_lanar ar 8MId rnomDIr III ClienIaflhll ApplAn' Dr R.,,...,..uYll:
l11A ""plllIIllt or ~1I11ll1illlvll II . ClIIIlll'nDI of lhe 11lI/lIlIlI1 at l1li CIlII Cam/llllll;lan Dr BDlIllllar Dr hll
ell' tw III DYtrllnd tranuoll IlWft "'III .11),GllOJID or VI. Dulllllllll III .. IQIriler D/ thl CilY
CalnRlIII elI'llaard 101 nlo III' IIor ~ In a ~ catendllf rear.
rill'" ClIV CammlllIan 01 IIDlnlle a ew.tamIr DlItIII Appll_l ar ~ and
_ IhIII ell.aoa.DO af tho busllllOl crI ... "PI'" ...It ar Rep.-laUVI In I alwn c:allMldlll'
IJ1.
1111.
1I III.
lIly.
II v.
8 W' DAY Of ~j.J..,.- , 2DQ2.
=1fuIIJ
/PmO
WlTNEalIMYttllNPntl8 1'1'1 DAvOli S'.,I-l-. .2002.
\
. J!IlI ~ 'II..... "*""""'*. CIont. "CJ/lI_. . ...,...nL . .,.....,.,.IIVI. 1/111 'I/lltflsIId PtIIOn' IIll d~"n/ld
In SoaIIan 203" at"" AVIIIUI c., 00cI0.
\1>>361'1111\' _..
DlIIIl2 .,'.. POI
Belbfll m.1be undenigned IIItharlty Ipplmd LAWlUlNCB SIMON'. .. tha IIdhorIzed rapl'ClClllIIliVO af
the AppliC8llllllldlor tho LlWlIeI' of'lbD property 11IbjllClIO tIte Ipplklldcm. wbll_ ftnt by IlI8 duly Iworn, did
Bwear or aIIinn tbaI h,=lltle PIlCUte4 tbi. Allidltvit for the JllIfIlOIII....s tlIIfoin Iftd that it is lnie and eMucl.
8WOllNTO J\ND SUBS BBPORBMBlbIa diYof' ~~"r .2OW.
IIWIElT D._
M'/CQI'lIIlllIUCC'"
-"..."
--.....-
SEP. -19' 02!iHUI 1413 B I LZ I N,SUMBER, ET. AL
SEP-19-20e2 11!l'5"? ROTH"
STATB OF P1.OlUDJ' )
COUN'lY OF MlAMI..JlAJ)Ji )
II J.arle
Public Stall ofPIori
Name oUlocary
My IlOmmillio11apinl:
P. 009/Q] 4
P.l!9/14
RESOLUTION NO. 2002"_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA GRANTING VARIANCE
FROM SECTION 31-171(b) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO ALLOW 15 PARKING
SPACES WHERE 18 PARKING SPACES ARE REQUIRED
BY CODE, FOR PROPERTY LOCATED AT 17866
BISCAYNE BOULEVARD, CITY OF AVENTURA;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned B2, Community Business
District; and
WHEREAS, the applicant, Stanley B. Price, through revised Application No. 06-
VAR-01, is requesting a variance from Section 31-171 (b) of the City's Land
Development Regulations to allow 15 parking spaces where 18 parking spaces are
required by Code; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application for Variance from Section 31-171(b) of the City's Land
Development Regulations to allow 15 parking spaces where 18 parking spaces are
required by Code is hereby granted to the Applicant, subject to the conditions set out in
this Resolution on property legally described as all of Lots 9 and 10 of "Maule Federal
Highway Industrial Sites", as recorded in Plat Book 46, Page 55 of the Public Records
of Miami-Dade County, less the east 33.75 feet thereof dedicated for right-of-way, aka
17866 Biscayne Boulevard, subject to the following conditions:
1. Plans shall substantially comply with those submitted as follows:
· Boundary Survey, one page, prepared by Manuel G. Vera and Associates Inc. dated
3/4/98, last revision 10/11/01, signed and sealed.
Resolution No. 2002-_
Page 2
. "Proposed Retail Stores for Lad Ventures Inc..., Site Plan, Sheet SP-1, prepared by
Arc-Tech Associates Incorporated, dated 06/28/01, signed and sealed 06/29/01.
. "Proposed Retail Stores for Lad Ventures Inc..., Building Elevations, Sheet A-1,
prepared by Arc-Tech Associates Incorporated, dated 06/28/01, signed and sealed
06/29/01.
. "Proposed Retail Stores for Lad Ventures Inc..., West Elevation, Sheet A-2,
prepared by Arc-Tech Associates Incorporated, dated 06/28/01, signed and sealed
06/29/01 .
. "Proposed Retail Stores", Grading and Drainage Site Plan, Sheet C-1, prepared by
Pistorino & Alam Consulting Engineers, Inc., dated 11/21/00, signed and sealed
06/18/01.
. "Proposed Retail Stores for Lad Ventures Inc..., Planting Plan, Sheet LA-1, prepared
by Rosenberg Design Group, dated 6/25/01, signed and sealed.
2. The applicant shall obtain permits and construct all site and fac;:ade improvements
shown on the approved plans within four (4) months of the date of this Resolution, or
the approvals granted shall be deemed null and void unless extended by a motion of
the City Commission.
3. The applicant shall provide to the City the annual renewal of the lease with Florida
East Coast Railroad.
4. The parking variance shall be terminated in the event that the City Manager
determines that the variance has created and/or is creating a nuisance to the
community or in the event that the lease is not renewed and the renewal provided to the
City. In the event of termination, the applicant will be required to locate the deficient
number of parking spaces off-site to the satisfaction of the City Manager.
Section 2. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 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 Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
Resolution No. 2002-_
Page 3
PASSED AND ADOPTED this 1st day of October, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this 2nd day of October, 2002.
CITY CLERK
~
.
MINUTES
CITY COMMISSION MEETING
1ST BUDGET PUBLIC HEARING
SEPTEMBER 3, 2002 5:45 PM
Government Center
19200 West Country Club Drive
Aventura. FL 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 5:48 p.m. by
Mayor Jeffrey M. Perlow. Present were Commissioners Jay R. Beskin, Ken Cohen,
Manny Grossman, Harry Holzberg, Patricia Rogers-Libert, Mayor Perlow, City Manager
Eric M. Soroka, City Clerk Teresa M. Soroka, and City Attorney David M. Wolpin. Vice
Mayor Arthur Berger was absent. As a quorum was determined to be present, the
meeting commenced.
2. PLEDGE OF ALLEGIANCE: Bill Landa led the pledge of allegiance.
3. PUBLIC HEARINGS: ORDINANCES - FIRST READING: 2002/2003 BUDGET
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ESTABLISHING AND ADOPTING THE CITY OF AVENTURA AD
VALOREM TAX OPERATING MILLAGE LEVY RATE AT 2.2270 MILS
PER THOUSAND DOLLARS OF TAXABLE ASSESSED PROPERTY
VALUE, WHICH IS 4.84% ABOVE THE ROLLED BACK RATE
COMPUTED PURSUANT TO STATE LAW, FOR THE 2002 TAX YEAR;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg and seconded
by Commissioner Rogers-Libert. Mayor Perlow opened the public hearing.
There being no speakers, the public hearing was closed. The motion for
approval passed unanimously by roll call vote (6-0).
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING
THE ATTACHED TENTATIVE OPERATING AND CAPITAL BUDGET,
AS REVIEWED AND APPROVED BY CITY COMMISSION AT THE
REVIEW MEETING HELD ON JULY 18, 2002, AS THE CITY OF
AVENTURA FINAL BUDGET FOR THE 2002/2003 FISCAL YEAR,
PURSUANT TO SECTION 4.05 OF THE CITY CHARTER;
AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE
BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING
FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND
GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR
ENCUMBRANCES; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and
seconded by Commissioner Holzberg. There being no speakers, the public
hearing was closed. The motion for approval passed unanimously by roll
call vote (6-0).
Mayor Perlow announced the second Budget Public Hearing is scheduled
for September 19, 2002 at 5:45 p.m. at Government Center, 19200 West
Country Club Drive, Aventura, Florida.
4. 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 5:53 p.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a
meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim
record of the proceedings is made. which record includes the testimony and evidence upon which the appeal is to be
based.
2
~
.
MINUTES
CITY COMMISSION MEETING
SEPTEMBER 3, 2002 6 PM
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33160
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Mayor Jeffrey M. Perlow. Present were Commissioners Jay R. Beskin, Ken Cohen,
Manny Grossman, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Arthur Berger,
Mayor Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City
Attorney David M. Wolpin. As a quorum was determined to be present, the meeting
commenced.
2. PLEDGE OF ALLEGIANCE.
A motion to address items 8B and 8C at this time was offered by Commissioner
Grossman, seconded by Commissioner Rogers-Libert and unanimously passed.
8. PUBLIC HEARING: ORDINANCES - SECOND READING:
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
PARAGRAPH (b) OF SECTION 31-145 "TOWN CENTER DISTRICT
(TC1) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ADD
CONDITIONAL USE REGULATIONS REGARDING MINIMUM FLOOR
AREAS, ALLOCATIONS OF INTERIOR SPACE, STRUCTURED
PARKING REQUIREMENTS, DRIVEWAY STANDARDS AND OFF-
STREET PARKING REQUIREMENTS IN THE TC1 ZONING DISTRICT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Holzberg. Joanne Carr, Senior Planner, addressed the
Commission. Mayor Perlow 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. 2002-20 was enacted.
C. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
PARAGRAPH (k) "MODIFICATIONS TO RECORDED PLATS" OF
SECTION 31-78 "SUBDIVISION PLAT APPROVAL" OF THE CITY'S
LAND DEVELOPMENT REGULATIONS REGARDING SUBDIVISION
REQUIREMENTS AND EXCEPTIONS BY PROVIDING FOR
DECLARATIONS IN LIEU OF UNITY OF TITLE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Cohen. Ms. Carr addressed the Commission. Mayor Perlow
opened the public hearing. The following individual addressed the Commission:
Clifford Schulman, Esq., Greenberg Traurig, 1221 Brickell Avenue. There being
no further speakers, the public hearing was closed. The motion for approval
passed unanimously by roll call vote and Ordinance No. 2002-21 was enacted.
3. ZONING HEARINGS: 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 the City Clerk.
A. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL
TO PERMIT USES THAT EXCEED THE HEIGHT LIMITATIONS SET
OUT IN THE TC1 (TOWN CENTER) DISTRICT; CONDITIONAL USE
APPROVAL TO PERMIT FLOOR AREAS THAT ARE LESS THAN THE
MINIMUM FLOOR AREA REQUIRED IN THE TC1 (TOWN CENTER)
DISTRICT; CONDITIONAL USE APPROVAL TO PERMIT ALLOCATION
OF INTERIOR SPACES OTHER THAN AS SET FORTH IN THE TC1
(TOWN CENTER) DISTRICT; AND CONDITIONAL USE APPROVAL TO
NUMBER OF OFF-STREET PARKING SPACES THAT DOES NOT
MEET THE REQUIREMENT OF SECTION 31-171 (B) OF THE CITY'S
LAND DEVELOPMENT REGULATIONS; FOR PROPERTY LOCATED
AT 18741 BISCAYNE BOULEVARD, CITY OF AVENTURA;
PROVIDING FOR CONDITIONS OF APPROVAL, PROVIDING AN
EFFECTIVE DATE.
Ms. Carr explained the request of the applicant and entered the staff report into
the record. Mayor Perlow opened the public hearing. The following individuals
addressed the Commission: Mr. Schulman, Jorge Perez, Doug Hoy, Bernardo
Fort-Brescia, Arquitectonica, Tim Plummer, David Plummer & Associates, all
representing The Related Group. There being no further speakers, the public
hearing was closed. A motion for approval was offered by Commissioner
Grossman, and seconded by Commissioner Beskin. An amendment was offered
by Commissioner Rogers-Libert, seconded by Commissioner Holzberg and
unanimously passed to amend #6 page 5 to provide when requested by the City
and the inclusion of Condition #12 to provide that prior to the issuance of a
building permit for construction of Phase 1, applicant to submit to the City a
recordable declaration in lieu of unity of title, or other legal document approved
by the City Attorney, that binds the applicant/owner to build the proposed project
2
in accordance with the approved site plan and conceptual master plan, with only
such modifications as may be approved by the City Manager, pursuant to Section
31-790) of the City's Land Development Regulations or, if not so approved,
otherwise approved by the City Commission after a public hearing. The motion
for approval, as amended, passed unanimously and Resolution No, 2002-46
was adopted.
The Commission recessed for 5 minutes at this time.
B. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA MODIFYING THE APPROVALS GRANTED
PURSUANT TO RESOLUTION NO. 2001-38 ADOPTED JUNE 5, 2001;
TO MODIFY CONDITION 11 OF SECTION 1 OF THE RESOLUTION TO
PROVIDE THAT CERTAIN APPROVALS MAY CONTINUE
NOTWITHSTANDING PARTIAL REDEVELOPMENT OF THE CENTER;
FOR PROPERTY LOCATED ON THE EAST SIDE OF BISCAYNE
BOULEVARD BETWEEN NE 187 STREET AND NE 191 STREET, CITY
OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Cohen. Ms. Carr explained the request of the applicant and
entered the staff report into the record. Mayor Perlow opened the public hearing.
There being no speakers, the public hearing was closed. The motion for
approval passed unanimously (6-0 with Commissioner Cohen absent from the
room for the vote) and Resolution No. 2002-47 was adopted.
A motion to address the Consent Agenda at this time was offered by Vice Mayor
Berger, seconded by Commissioner Rogers-Libert and unanimously passed.
6. CONSENT AGENDA: Vice Mayor Berger requested removal of item 6-D and
Commissioner Rogers-Libert requested the removal of item 6-B from the Consent
Agenda. Mr. Soroka provided the Commission with an addition to the agreement
referenced in item 6-C, as follows: "Performance Standards: Severn Trent shall
mutually develop, in conjunction with the City, performance standards for the operation
of the Community Center within ninety (90) days of the execution of this Agreement.
The standards shall be utilized in the evaluation of the performance of Severn Trent.
The City Manager, at his sole discretion, may change, alter or modify these standards in
the best interests of the City." A motion to approve the remainder of the Consent
Agenda was offered by Commissioner Rogers-Libert, seconded by Vice Mayor Berger,
unanimously passed and the following action was taken:
A. Minutes were approved as follows:
3
July 2, 2002 Commission Meeting
July 18, 2002 Commission Meeting
July 18, 2002 Workshop Meeting
August 6, 2002 Visioning Session
C. Resolution No. 2002-48 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED CONTRACT FOR PROFESSIONAL
MANAGEMENT SERVICES FOR THE COMMUNITY/RECREATION
CENTER PROJECT BETWEEN THE CITY OF AVENTURA AND
SEVERN TRENT ENVIRONMENTAL SERVICES, INC.; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
E. Resolution No. 2002-49 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AWARDING AND LETTING A TOWING
CONTRACT TO MIDTOWN TOWING OF MIAMI, INC. AND A BACKUP
TOWING CONTRACT TO GOLD COAST TOWING; AUTHORIZING THE
CITY MANAGER TO EXECUTE SAID CONTRACTS; AUTHORIZING
THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT
ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
F. Resolution No. 2002-50 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO FILE
THE FISCAL YEAR 2002 LOCAL LAW ENFORCEMENT BLOCK
GRANT ATTACHED HERETO; ACCEPTING THE ASSURANCES
CONTAINED IN EXHIBIT "A" ATTACHED THERETO; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
G. The following motion was passed:
MOTION TO DISPLAY A PHOTOGRAPH OF FORMER MAYORS IN
GOVERNMENT CENTER
4
4. SPECIAL PRESENTATIONS: (Taken out of order) Certificate of Appointment was
presented to Stuart Werner as a newly-appointed member of the Economic
Development Advisory Board.
3.
C.
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING A SIGN VARIANCE FOR CITY
NATIONAL BANK OF FLORIDA, LOCATED AT 2875 NE 191 STREET,
TO ALLOW TWO WALL SIGNS, EACH 656 SQUARE FEET IN AREA
ON THE NORTH AND SOUTH ELEVATIONS WHERE TWO WALL
SIGNS MEASURING 240 SQUARE FEET EACH IN AREA ARE
ALLOWED; APPROVING A SIGN VARIANCE TO PERMIT TWO WALL
SIGNS TO BE LOCATED MORE THAN 50% ABOVE THE BUILDING'S
ROOFLlNE; PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Berger and seconded by
Commissioner Holzberg. Ms. Carr explained the request of the applicant and
entered the staff report into the record. Mayor Perlow opened the public hearing.
The following individuals addressed the Commission: Michael Snyder, 4000
Hollywood Boulevard, and William Landa, representing the applicant. An
amendment was offered by Commissioner Rogers-Libert, seconded and
unanimously passed to provide that in the event the bank tenant moves or the
name of the bank changes, the sign would be removed. There being no further
speakers, the public hearing was closed. The motion for approval, as amended,
passed unanimously and Resolution No. 2002-51 was adopted.
D. Mayor Perlow disclosed his Conflict of Interest and left the room at this
time. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING VARIANCE FROM SECTION 31-
171(a)(7) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
ALLOW A PARKING PAVEMENT SETBACK OF 7' WHERE A 10'
PARKING PAVEMENT SETBACK FROM THE RIGHT -OF-WAY IS
REQUIRED BY CODE; GRANTING VARIANCE FROM SECTION 31-
171(a)(6) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
ALLOW AN ENTRANCE DRIVE MEASURING 21' WIDE WHERE A
MINIMUM WIDTH OF 24' IS REQUIRED BY CODE; GRANTING
VARIANCE FROM SECTION 31-221(1)(2) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO ALLOW A 0' LANDSCAPED
BUFFER ON THE NORTH LIMIT, A 4' LANDSCAPED BUFFER ON THE
SOUTH LIMIT AND A 6'7" LANDSCAPED BUFFER ON THE EAST
5
LIMIT WHERE A 7' LANDSCAPED BUFFER IS REQUIRED BY CODE;
GRANTING VARIANCE FROM SECTION 31-144(c)(5) OF THE CITY'S
LAND DEVELOPMENT REGULATIONS TO ALLOW OPEN SPACE OF
28.45% WHERE 33% OPEN SPACE IS REQUIRED IN THE B2
(COMMUNITY BUSINESS) DISTRICT; GRANTING VARIANCE FROM
SECTION 31-172(c)(2) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO ALLOW A DRIVEWAY SEPARATION OF 100'
WHERE SEPARATION OF 330' OF LANDSCAPED FRONTAGE ON
ARTERIAL ROADS IS REQUIRED BY CODE; FOR PROPERTY
LOCATED AT 19145 BISCAYNE BOULEVARD, CITY OF AVENTURA;
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Cohen. Ms. Carr explained the request of the applicant and
entered the staff report into the record. Vice Mayor Berger opened the public
hearing. The following individual addressed the Commission: Stanley Price,
Esq., representing the applicant. There being no further speakers, the public
hearing was closed. The motion for approval passed unanimously (6-0, with
Mayor Perlow absent from the room for the vote) and Resolution No. 2002-52
was adopted.
5. AGENDA: REQUEST FOR DELETIONS/EMERGENCY ADDITIONS: None.
6. CONSENT AGENDA (continued) The following items were removed from the
Consent Agenda and addressed separately:
B. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF
AVENTURA AND CLEAR CHANNEL COMMUNICATIONS, INC.
CONCERNING COMMERCIAL ADVERTISING SIGNS; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
Mayor Perlow returned to the meeting at this time. A motion for approval was
offered by Commissioner Rogers-Libert and seconded by Vice Mayor Berger.
Keith Stozenberg, Esq. And Jeff Andres, representing Clear Channel, addressed
the Commission. An amendment was offered by Commissioner Rogers-Libert
seconded by Commissioner Cohen and unanimously passed to amend
paragraph 2.E. to provide that Clear Channel shall not install any additional
billboards at any location within the City and to amend the second Whereas
6
clause of the agreement to substitute "conditioned that" in place of "but solely in
the event that". An additional amendment was offered by Commissioner Beskin,
seconded by Commissioner Rogers-Libert and unanimously passed to clarify that
in the definition of obstructed view that it provides for billboards that are on the
ground, on the building or in the right-of-way. The motion for approval, as
amended, passed unanimously and Resolution No. 2002-53 was adopted.
D. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, SUPPORTING THE SEPTEMBER 10, 2002
BALLOT INITIATIVE TO AMEND THE MIAMI-DADE COUNTY
CHARTER TO NAME THE INDEPENDENT SPECIAL DISTRICT FOR
CHILDREN'S SERVICES "THE CHILDREN'S TRUST" HAVING
AUTHORITY AS SET FORTH IN SAID BALLOT ISSUE; AND
PROVIDING AN EFFECTIVE DATE.
Vice Mayor Berger moved that this resolution be denied. The motion died for
lack of second. A motion for approval was offered by Commissioner Rogers-
Libert and seconded by Commissioner Cohen. The motion for approval passed
6-1, with Vice Mayor Berger voting no and Resolution No. 2002-54 was
adopted.
7. ORDINANCES - FIRST READING/PUBLIC INPUT:
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE BY AMENDING CHAPTER 4, "ALCOHOLIC
BEVERAGES," BY AMENDING PARAGRAPH (A) "DISTANCE FROM
OTHER ESTABLISHMENTS", PARAGRAPH (B) "DISTANCE FROM
RELIGIOUS FACILITY OR SCHOOL", AND PARAGRAPH (E)
"EXCEPTIONS TO SPACING AND DISTANCE REQUIREMENTS," OF
SECTION 4-2 "LOCATION OF ESTABLISHMENTS"; AND BY
REPEALING SECTION 4-6 "ZONING DISTRICT REGULATIONS" TO
CLARIFY THAT CONDITIONAL USE IS THE APPLICABLE CRITERIA
AND TO DELETE THE OBSOLETE REFERENCE TO MIAMI-DADE
COUNTY CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE
DATE.
Ms. Carr addressed the Commission. A motion for approval was offered
by Commissioner Rogers-Libert and seconded by Commissioner
7
Holzberg. There was no public input. The motion for approval passed
unanimously by roll call vote.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
CHAPTER 42, "STREETS, SIDEWALKS AND OTHER PUBLIC
PLACES," ARTICLE II "NEWSRACKS" OF THE CITY CODE;
AMENDING SECTION 42-32 "DEFINITIONS" TO ADD NEW
DEFINITIONS FOR THE TERMS "CITY-OWNED NEWSRACK" AND
"NEWSRACK PORTICO;" AMENDING SECTION 42-33 "PROHIBITED
NEWSRACKS" TO REQUIRE REMOVAL OF PRIVATE NEWSRACKS
ON PUBLIC PROPERTY NOT LOCATED WITHIN A NEWSRACK
PORTICO; AMENDING SECTION 42-34 "PERMIT REQUIRED" TO
REQUIRE PERMITS FOR THE USE OF CITY-OWNED NEWSRACKS;
AMENDING SECTION 42-35 "APPLICATION FOR PERMIT; APPROVAL
OF LOCATION" TO REQUIRE THAT THE LOCATION OF THE
NEWSRACK PORTICO OR CITY-OWNED NEWSRACK BE SPECIFIED
ON THE PERMIT APPLICATION; AMENDING SECTION 42-36
"ISSUANCE OF PERMIT; CONDITIONS; FEES" TO REQUIRE A FEE
FOR THE USE OF A CITY-OWNED NEWSRACK; AMENDING SECTION
42-37 "INDEMNIFICATION" TO REQUIRE INDEMNIFICATION BY
PERSONS UTILIZING CITY-OWNED NEWSRACKS; AMENDING
SECTION 42-38 "IDENTIFICATION OF DISTRIBUTOR TO BE POSTED
ON NEWSRACKS" TO REQUIRE IDENTIFICATION ON PRIVATE
NEWSRACKS; AMENDING SECTION 42-39 "LOCATION, PLACEMENT
AND NUMBER" TO REQUIRE THAT PRIVATELY OWNED NEWSRACKS
ON ANY PORTION OF A PUBLIC RIGHT -OF-WAY BE PLACED IN A
NEWSRACK PORTICO; AMENDING SECTION 42-40 "EQUIPMENT
STANDARDS; ADVERTISING; MAINTENANCE" REGARDING THE
MAINTENANCE OF PRIVATELY-OWNED NEWSRACKS; PROVIDING
PENALTIES; PROVIDING FOR ENFORCEMENT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Ms. Carr addressed the Commission. A motion for approval was offered
by Commissioner Rogers-Libert and seconded by Commissioner Cohen.
There was no public input. The motion for approval passed unanimously
by roll call vote.
8. PUBLIC HEARING: ORDINANCES - SECOND READING: (continued)
A. Mr. Wolpin read the following ordinance by title:
8
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 31-21 "DEFINITIONS" OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO SPECIFY THE ENFORCEABILITY
OF RESTRICTIONS, LIMITATIONS OR CONDITIONS INCLUDED IN
ALL DEFINITIONS; AMENDING THE DEFINITION OF "HOTEL," AND
CREATING RESTRICTIONS, LIMITATIONS OR CONDITIONS
CONCERNING HOTELS; AMENDING DEFINITION OF "RESIDENCE
OR RESIDENTIAL USE," CREATING DEFINITION FOR "MUL TI-
FAMILY RESIDENTIAL DWELLING;" PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR PENALTY; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Cohen. Ms. Carr addressed the Commission. Mayor Perlow
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. 2002-22 was enacted.
10. RESOLUTIONS: None.
11. OTHER BUSINESS: The next Workshop Meeting was scheduled for September 24,
2002 at 1 pm.
12. PUBLIC COMMENTS: None.
13. REPORTS. As submitted.
14. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 10:05 p.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing
will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings Is made.
which record includes the testimony and evidence upon which the appeal is to be based.
9
~
)((..
a APPOI1I1WE
WHO MUST FILE FORM 8D
Thi. form i. for UIe by any perllCm eeNine at the ~unty. ~ty, or other local level or government on an appoinbtd or .Jeeted boo;rd.
council. commission, avthonty. or committee. It appli_ equally to members of advi&01')' and non.acJ.vieory bodiu who are preeented
with a voting eanflict ofinterelc undA-r s.ctioo. 112.31'3. Florida. $tablt:e8.
Your nepon&ihilities under the law when faawi with voting on a m8a&UnI in which you MWI a ronflict ofintere&t will v.ry greatly
depending on whether you hold. an eleetive or appointive position. For this reaeon, please pay clooe attention to the instructions on
thi. fann betor-e .ompl.ting the rove"", oide ond filing the ronn.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person bolding elective or appointive l:O\lnty, municipal. or other local publi~ office MUST ABSTAIN from voting on a m~ul'8
which inure. to hi. or her .pecial private gain or I..... ElICh .lacUod or appointed local offker aI.o i. prohibited from knowingly volin.:
on a meuur. which inure. to the .poeialgain or 1008 Gf a principo.! (other than a IlOvemment aeencyl by whom he or .he i. retained
(ineluding the parant organization ar aubtDdiary of. corporate princiJ)Al by which he or ehe ie retained); to the spec;:ial private gain or
1011. tI a NlatiVtl: or to the .pedal private gain or- lo. m a busirwM ..eoc:iate. Commiuionen of community Tedevelopment agencies
UDder See. 163.356 or 163.357, F .8.. and aIlicaro or independent oped..l tax e1i.meta .1..tocI on 0 one-o<r1O, o......voto basi. ore not pro-
hibited !rom vobng in that aopac:ity.
Far purpo... of thi.law, a -nlative- indu... only the officer. fa.ther. mother, son. dauchter. h..bBnd" wire, brother, ai.ter. rather-
ift-law. mother-in-law. ean-in-law. and dau;hter-tn..::taw. A ~mneR ueoeiate- meane any pel'8Ol'l or entity _ngaged in or c:anying on
a bwi_ onterprl.. with the oIIicer .. a plU'tner, joint venwr..., _wner m property, or corporate ohareholder (when> the .har.. Gf
the c:mporatian are DOC Iioted on ony national or regional otock exdumpl.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
ELECTED OFFlCEJlS:
Inacldilion to abotainiagfrom voting in 1M oituAlion. deo.ribecl above, you muot di.d""" the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly otaling to the aoaembly the nature m your interest in the meosure on
wbieII y<B11D'O abotaininc from YOCiag;..nd
WITHIN 16 DAYS AFn:R'lliE VOTE OCCURS by completinc and filing thi. form with the penon responsible for .......ding
the minuteo m the JMeting. who ohould incorpon.te the form in the mlnutu.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
APPOINI1ID OFFlCE1tS:
You muat ah.tain from voting and diKloee the conflict in the mtuatiDtl8 ducribed above and in the manner described for elected. om.
0In. In CIII"d8r to perticipate in th... mat:tM"8. you mutt diacloee the natuTe oCthe eonflirt btIfOl'C!1 making any attempt to influenee tho
clecioion, whether orally or in writing and whether made by you or at your direc!ion.
IF YOU INTEND TO MAKE ANY ATTENPI'TO INFLUENCE THE DECISION PRIOR TO 'lliE MEETING AT WHICH THE
VOTE WILL BE TAKEN:
o You muat .omplote and file thii form (before moking any attempt to int1uenee the deeiBionl with the person reoponsible for
reeording the minute. of the meeting, who will ine<<por..ta the form ip. the minutes.
A eopy Gf tho form muot be provided immediately to the otber memben of the aeon.y.
o The form muot be read publiely at tho next meeting aft6r the form i. filed.
CE FOR... B8 . REV. 1195
PAGE'
IF YOU MAKE NO ATl'EMPl'TO INFLUENCE TIlE DECISION EXCEPT BY DISCUSSION AT THE MEETING,
. You mult diocl_ <<ally the natuft tl your conflict in the roeaour. before partieipalillg.
. You muat complete the form and fil. it within IS days &ft.or the vote OCCUJ'll with the penon reepomrible foy ree.ording the
minute. of the m..tinc-. who mtut ineorporate the (orm ift the minutes_ A eopy of the fonn mu.t b8 provid.d immodiately to the
other rnemben a(th8 ~ncy, and tM fonn must be read publicly at the next meeting a1'ter the fonn ia filed.
DiSClOSURE OF LOCAL OFFICER'S INTEREST
:J~ ~. f€f2..Low hereby diod""" that on .. ~~:?
19 ~OO 2...
I,
(aJ A me...,r. C8mO or will come before my egency which (chock one)
inured to my opedal printe gain or 1_;
inured to the epecial pin or \088 of my businoss aSltOci.ata,
inured to the 8pClCial gain or 1051 c(my relative,
,
inured to theopecial gain or 1_ of ~ I ((uJT: '1> A ~ I j) ('fIE:U.l:dl.L
whom 1 am retained: or
inured to the opecial pin cc lose of
illl the parcmt oqanization. 01' .,.beidiary of a principa.l which bas retained me.
(b) The mcuure before my agency ad. the natun of my ronflicting interest in Ute measure is IUI (ollowii:
by
. which
Ar I-k./"It. 3-1J
Data FIled
1HIo2-
~/
NCTl'lCE: UNDER PROVISIONS OF FLORIDA STATUrES 1112.317, A FAILUBE TO MAKE ~ llEQUlRED DISCLO-
SURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING:
Da'EACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOnmNT, DEMOTION, REDUCTION IN
SAU.RY. REPlUMAND. OR A CML PENALTY NOT TO EXCEED $10,000.
CE FORlolSB. REV. 1195
PAGE 2
~
.
MINUTES
CITY COMMISSION MEETING
2nd BUDGET PUBLIC HEARING
SEPTEMBER 19, 2002 5:45 PM
Government Center
19200 West Country Club Drive
Aventura, FL 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 5:49 p.m. by
Mayor Jeffrey M. Perlow. Present were Commissioners Ken Cohen, Manny Grossman,
Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Arthur Berger (arrived at 5:50 p.m.),
Mayor Perlow, City Manager Eric M. Soroka, and City Clerk Teresa M. Soroka.
Commissioner Jay R. Beskin was absent. As a quorum was determined to be present,
the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Mayor Perlow led the pledge of allegiance.
3. PUBLIC HEARINGS: ORDINANCES - FIRST READING: 2002/2003 BUDGET
A. Mr. Soroka read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ESTABLISHING AND ADOPTING THE CITY OF AVENTURA AD
VALOREM TAX OPERATING MILLAGE LEVY RATE AT 2.2270 MILS
PER THOUSAND DOLLARS OF TAXABLE ASSESSED PROPERTY
VALUE, WHICH IS 4.84% ABOVE THE ROLLED BACK RATE
COMPUTED PURSUANT TO STATE LAW, FOR THE 2002 TAX YEAR;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and
seconded by Commissioner Cohen. Mayor Perlow 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.
2002-23 was enacted.
B. Mr. Soroka read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING
THE ATTACHED TENTATIVE OPERATING AND CAPITAL BUDGET,
AS REVIEWED AND APPROVED BY CITY COMMISSION AT THE
REVIEW MEETING HELD ON JULY 18, 2002, AS THE CITY OF
AVENTURA FINAL BUDGET FOR THE 2002/2003 FISCAL YEAR,
PURSUANT TO SECTION 4.05 OF THE CITY CHARTER;
AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE
BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING
FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND
GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR
ENCUMBRANCES; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and
seconded by Vice Mayor Berger. Mr. Soroka noted that the budget would be
revised to provide for the re-organization of the Community Development
Department, with no monetary changes. A motion to amend the budget to
provide for the Community Development Department reorganization was
offered by Commissioner Rogers-Libert, seconded by Commissioner
Holzberg and unanimously passed. Mayor Perlow opened the public
hearing. There being no speakers, the public hearing was closed. The
motion for approval, as amended, passed unanimously by roll call vote and
Ordinance No. 2002-24 was enacted.
Harvey Felsher, The Point, addressed the Commission.
4. 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 5:58 p.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a
meeting or hearing will need a record of the proceedings and. for such purpose, may need to ensure that a verbatim
record of the proceedings is made. which record includes the testimony and evidence upon which the appeal is to be
based.
2
~
"
MINUTES
COMMISSION WORKSHOP MEETING
SEPTEMBER 24, 2002 1 :00 PM
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
The meeting was called to order at 1 :00 p.m. by Mayor Jeffrey M. Perlow. Present were
Commissioners Jay R. Beskin, Ken Cohen, Manny Grossman, Harry Holzberg, Patricia
Rogers-Libert, Vice Mayor Arthur Berger, Mayor Perlow, City Manager Eric M. Soroka,
City Clerk Teresa M. Soroka, and City Attorney David M. Wolpin. As a quorum was
determined to be present, the meeting commenced.
3. COMPREHENSIVE PLAN ISSUE: (Taken out of order) Commission discussed an
inconsistency between the City's Land Development Regulations and
Comprehensive Plan concerning conditional use approval for community facilities
and places of worship. The following individuals spoke to the issue: Clifford
Schulman, Esq., Greenberg Traurig; Robert Blanche, Esq., Sigfried, Rovero &
Lerner, representing 2600 Building of Williams Island; Rod White, President of 2600
Building; and Janet Laine, Williams Island;
CITY MANAGER'S SUMMARY: Consensus to amend LDRs to be consistent with
Comprehensive Plan.
1. CONE OF SILENCE ORDINANCE: City Manager and City Attorney discussed
proposed ordinance drafted in accordance with Commission's previous concerns.
CITY MANAGER SUMMARY: Consensus to proceed with proposed ordinance.
2. ECONOMIC DEVELOPMENT ADVISORY BOARD: Commission addressed an
issue discussed by the Economic Development Advisory Board to create a citizen's
survey to obtain input as to the kind of business and redevelopment the City should
attract.
CITY MANAGER'S SUMMARY: Consensus to direct the Board to re-examine the
existing zoning in the hospital district (north and south of hospital), Biscayne
Corridors, the Promenade and Waterways areas, (prioritize and address separately)
and not to proceed with survey.
4. SALE OF MUTCHNIK PROPERTY: City Manager requested direction on how to
proceed with subject property
CITY MANAGER SUMMARY: Consensus to proceed with sale with a minimum bid
amount of $1 million.
5. PROPOSED MEMBERSHIP FEE - COMMUNITY CENTER: Commission
discussed fee structure for Community/Recreation Center recommended by the
Community Services Advisory Board.
CITY MANAGER SUMMARY: Consensus to proceed with fee structure as
proposed by Board, with amendment of Six Month Membership to 70%.
6. SPANISH LANGUAGE PROGRAM (VICE MAYOR BERGER): Vice Mayor Berger
proposed a program similar to the senior-net program previously provided in
conjunction with Krop High Schoool students which would provide education on
accessing spanish websites.
CITY MANAGER SUMMARY: Consensus not to proceed with new program and
cancel previous senior-net program.
7. INTERNATIONAL CITIES CONTACT REPORT (VICE MAYOR BERGER): Vice
Mayor Berger suggested the City participate in International Round Tables in
conjunction with the Florida League of Cities.
CITY MANAGER SUMMARY: Consensus to proceed.
8. FLORIDA LEAGUE OF CITIES REPORT (COMMISSIONER ROGERS-LIBERT):
CITY MANAGER SUMMARY: Commissioner Rogers-Libert reported on her
Committee participation within the Florida League.
Commissioner Cohen reported on his recent meetings in Washington, D.C.
Consensus to approve Administration's proposal to redirect traffic movement at 187th
StreeUBiscayne Boulevard to right in/right out only during the November/December
holiday season.
Next Workshop meeting scheduled for October 24, 2002 at 10 a.m.
Consensus to prepare a Resolution supporting November 5th transportation
referendum and schedule a public hearing to inform residents.
Consensus to move November Commission meeting to November 12th at 6 p.m.
9. 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 5:00 p.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
,2002.
Anyone wishing to appeal any decision made by the City Commission with respect to any mailer 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
CITY MANAGER'S OFFICE
MEMORANDUM
DATE: August 28, 2002
TO:
FROM:
BY:
SUBJECT: Recommendation - Work Authorization No. ot-0103-021
Professional Design Services for Yacht Club Way
Drainage Improvements
October 1, 2002 City Commission Meeting Agenda Item '7 A
Recommendation
It is recommended that the City Commission adopt the attached Resolution awarding
Work Authorization NO.01-0103-021 to Craven Thompson and Associates, Inc. for
Professional Design Services for drainage improvements to Yacht Club Way for an
amount of $29,070.00. This project is included in the Capital Improvements Program for
the 2002/03 fiscal years.
Backaround
The project is to be designed in accordance with the City's Capital Improvement
Program approved by the City Commission and is based on the City's Storm Water
Master Plan. In particular, the project will address improving the drainage in the area of
Yacht Club Way and East Country Club Drive. The cost includes services pertaining to
civil design, permitting, bidding, survey and construction inspection.
If you have any questions or need any additional information, please feel free to
contact me.
RESOLUTION NO. 2002-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION NO. 01-0103-021 FOR PROFESSIONAL
DESIGN SERVICES FOR THE YACHT CLUB WAY
DRAINAGE IMPROVEMENTS PROJECT BY AND
BETWEEN THE CITY OF AVENTURA AND CRAVEN
THOMPSON AND ASSOCIATES, INC.; AND PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Work Authorization No. 01-0103-021 ($29,070.00) for professional design services by
and between the City and Craven Thompson and Associates, Inc.
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 Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
Resolution No. 2002-_
Page 2
PASSED AND ADOPTED this 1st day of October 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
WORK AUTHORIZATION NO. 01-0103-021
The City of Aventura has requested Work Authorization No. 01-0103-021 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 01-0103-021 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.
Design Phase
Survey ......................................................................................................... ...... $3,800.00
Prepare Design Drawings ......................... .......................................................... $6,800.00
Permitting.... ............................................................................................. ..... ...$1 0,200 .00
Miscellaneous Coordination.................................................................................. $500.00
Project Management........... .................................................................... ............... $800.00
Total Design Phase ..........................................................................................$22,1 00.00
Bidding Phase
Prepare Bid DocumentslTechnical Specifications ................................................. $1,200.00
Respond to RFl' s ..................................................................... .......................... ..... $500.00
Total Construction Phase................................................................................... $1,700.00
Construction Phase
Shop Drawing Review ............................................................................................. $300.00
Preconstruction Conference......................................... .......... .................................. $370.00
Site Visits ....................................................................... .............................. ....... $3,500.00
Project Closeout Documentation ................. ......... ............................................ ....... $500.00
Total Construction Phase................................................................................... $4,670.00
Reimbursable Exoenses
Printing, Graphics, Communications ....................................................................... $400.00
Courriers, Express Mail, Etc.................................................................................... $200.00
Total Reimbursable Expenses............................................................................... $600.00
Total Estimated Labor Expenses are................................................................... $28,470.00
Total Estimated Reimbursable Expenses are............................................................$600.00
The time period for this work authorization will be:
Design Phase............................................................ 60 Days
Permitting Phase ....................................................120 Days
Construction Services Phase (estimate)..................... 90 Days
CITY:
ATTEST
CITY OF A VENTURA, FLORIDA
through its City Manager
BY
BY
City Manager
City Clerk
Teresa M. Soroka. CMC. AAE
Eric M. Soroka
day of
.2002
APPROVED AS TO FORM
BY
Notice to Proceed_ Yes
No
City Attorney
Weiss Serota Helfman
Pastoriza & Guedes. P .A.
Project Initiation Date
RECOMMENDED through its
Capital Projects Manager
BY a>.~ .... t J~
Capital Projects Manager
Aotonio F. Tomei
28 DayofAJ4v.sr ,2002
EXHIBIT "A"
Consultant shall prepare engineering drawings and specifications for the Yacht Club Way
Drainage Improvements. The plans shall be prepared in accordance with the Yacht Club Way
Drainage Study prepared by Consultant, dated January 15, 2002. Consultant will more
specifically perform the following:
. Prepare a survey of the project area to include:
. Establish horizontal and vertical control
. Locate visible fixed improvements
. Obtain elevations suffIcient for civil engineering design
. Obtain as built elevations of existing drainage structures
. Obtain cross sections of existing canal
. Locate trees and mangroves
. Prepare base map in AutoCAD format for civil engineering design
. Prepare construction drawings for the proposed drainage improvements.
. Prepare and submit permit applications to the City and DERM for approval.
. Prepare bid documents and coordinate with City on bid and contract award.
. Miscellaneous coordination with City and/or other affected parties.
. Construction inspection to assure conformance with specifications and drawings.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
DATE: September 11, 2002
FROM: Eric M. Soroka, City
SUBJECT: Disbursement of Police Forfeiture Funds
October 1, 2002 City Commission Meeting Agenda Item .2..L
RECOMMENDATION
It is recommended that the City Commission adopt the following Motion to expend
funds from the Police Forieiture Fund:
"Motion authorizing the appropriation of up to $55,900 for crime prevention
materials, SWAT Team equipment, Dive Team equipment, gas pump canopy,
Youth Program and electronic gun cleaning equipment from the Police Forieiture
Fund in accordance with the City Manager's memorandum".
BACKGROUND
As per the attached Staff Report, the Police Chief has requested approval to
appropriate Police Forieiture Funds as follows:
1. Crime Prevention Materials $5,600
2. SWAT Team Equipment $9,000
3. Dive Team Equipment $3,000
4. Gas Pump Canopy $24,000
5. Youth Program $10,000
6. Electronic Gun Cleaning Equipment $4,300
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC01111-02
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
TO:
Eric M. Soroka, City Manager
FROM:
Thomas E. Ribel, Chief of Police
DATE:
August 29, 2002
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:
Crime Prevention materials
SWAT team equipment
Dive Team equipment
Gas pump canopy (Petro-Pak)
Youth Program
Electronic gun cleaning equipment
$5,600
$9,000
$3,000
$24,000
$10,000
$4,300
$55,900
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 considefed in the adoption and approval of the budget
of the Police Department.
Summary
Crime Prevention materials - These are items such as plastic badges for kids,
coloring books, giveaways and other assorted crime prevention materials for use
by the Crime Prevention unit.
SWAT equipment - This money will be used to buy new handguns, handgun
lights and other equipment for the SWAT in order for them to perform their
various SWAT functions.
Dive Team equipment - Various equipment items for use by current and new
dive team members needed for underwater search and rescue.
Gas Pump Canopy - The money allocated will be used to pour a concrete slab
and put up an awning and lights over the fuel area.
Youth Program - Law Enforcement Trust Fund procedures mandate that 15%
of trust fund proceeds be spent on Crime & Drug Prevention programs. Little
Acorns Children and Family Programs have been selected to receive a
$10,000.00 grant to assist in program funding. We have sponsored this program
since 1998.
Gun Cleaning equipment - The department firearms instructors have
requested to purchase a piece of technologically advanced gun cleaning
equipment. The guns are cleaned in a solution that sends ultrasonic waves
through a medium, which removes all lead and dirt from the weapons. Multiple
guns can be done at one time.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
City Commission tt
Eric M. Soroka, City _a ge
September 12, 20
TO:
DATE:
SUBJECT:
Resolution Declaring Equipment Surplus
October 1, 2002 City Commission Meeting Agenda Item -.!J.))
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution declaring
certain property in the Police Department as surplus to the needs of the City.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC01112.02
RESOLUTION NO. 2002-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA DECLARING CERTAIN
PROPERTY LISTED UNDER THE ASSETS OF THE CITY
AS SURPLUS TO THE NEEDS OF THE CITY;
DESCRIBING THE MANNER OF DISPOSAL;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Manager desires to declare certain property as surplus to
the needs of the City; and
WHEREAS, Ordinance No. 2000-09 provides that all City-owned property that
has been declared surplus cannot be disposed of prior to the preparation and formal
approval of a resolution by the City Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Recitals AdoDted. The above recitals are hereby confirmed and
adopted herein.
Section 2. The property listed on Exhibit "A" has been declared surplus and is
hereby approved for disposal.
Section 3. The City Manager is authorized to dispose of the property listed on
Exhibit "A" through a public auction, sale or trade-in.
Section 4. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner , who
moved its adoption. The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
Resolution No. 2002-_
Page 2
PASSED AND ADOPTED this 1st day of October, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EXHIBIT "An
The following vehicles should be declared surplus property:
VIN#
TAG
3734 2FALP71W8VX140056 128211 1997 CV
3625 2FALP71WOTX156877 124828 1996 CV
3731 2FALP71W2VX140053 128208 1997 CV
3710 2FALP71W6VX212906 129819 1997 CV
2994 2BWEC1412X5020172 130863 ELEC. GOLF CARTS BOMBARDIER
2995 2BWEC1418X5020161 130862 ELEC. GOLF CARTS BOMBARDIER
Forfeiture Vehicle:
F975 1 HGEJ8149VL078559 205784 97 HONDA WT
JN1 P5KT237275 89 NISSAN MX
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
TO: Eric M. Soroka, City Manager
FROM: TO~
DATE: September 11, 2002
SUBJECT: Surplus Property
I would like to have the below listed city property declared Surplus Property as
per City of Aventura APDP, Chapter 6, Subsection 5, Page 1 as these items
have become inadequate for public purposes:
See attached memorandum. Vehicles shown as "CV" are police Ford Crown
Victoria's. The forfeiture vehicle is a 1997 Honda.
The other vehicles listed are golf carts.
CITY OF A VENTURA
POLICE DEPARTMENT
MEMORANDUM
TO:
Thomas E. Ribel, Chief of Police
VIA:
Steven Steinberg, Deputy Chief of Police
FROM:
Deidre A Fogelgren, Commander
DATE:
September 11, 2002
SUBJECT:
Surplus Equipment
The following vehicles should be declared surplus property:
VIN#
TAG
3734 2FALP71W8VX140056 128211 I "t 1\1 CV
3625 2FALP71VVOTX156877 124828 I ~?l. CV
3731 2FALP71VV2VX140053 128208 I 9'l1 CV
3710 2FALP71VV6VX212906 129819 ( 91(/ CV
2994 2BVVEC1412X5020172 130863 Elec. Golf Carts Bombardier
2995 2BVVEC1418X5020161 130862 Elec. Golf Carts Bombardier
Forfeiture Vehicle:
F975 1 HGEJ8149VL078559 205784 I 97 Honda
VVt
q( i.^'
~
CITY OF AVENTURA
CITY MANAGER'S OFFICE
MEMORANDUM
DATE: September 16, 2002
TO: City Commission
FROM: Eric M. Soroka, City
BY: Antonio F. Tomei,
SUBJECT: Aventura Community/Recreation Center
October 1, 2002 City Commission Meeting Agenda Item '1 f,.
Recommendation
It is recommended that the City Commission adopt the attached Resolution dedicating
a ten (10) foot wide Easement to Florida Power and Light for the Aventura
Community/Recreation Center.
Backaround
Florida Power and Light requires an Easement to install, operate and maintain
electrical services for the Aventura Community/Recreation Center.
If you have any questions or need any additional information, please feel free to
contact me.
RESOLUTION NO. 2002-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA DEDICATING A TEN (10)
FOOT WIDE EASEMENT TO FLORIDA POWER AND
LIGHT ON THE AVENTURA COMMUNITY/RECREATION
CENTER SITE; PROVIDING FOR RECORDATION;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Aventura requires electrical service to the new
Community/Recreation Center located at 3375 NE 188th Street; and
WHEREAS, Florida Power and Light requires a recorded easement prior to
providing electrical service to the new Community/Recreation Center; and
WHEREAS, Florida Power and Light requires a recorded easement to operate
and maintain said electrical services; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. That the Easement dedication, as reflected on the attached
Easement, inclusive of the Sketch and Legal Description, is hereby accepted and the
City Manager is hereby authorized to cause such Easement to be recorded in the
Official Records of Miami-Dade County, Florida, subject to confirmation by the City
Attorney as to the legal form and sufficiency of the Dedication and instrument of
conveyance.
Section 2. The City Manager is authorized to take all action necessary to
implement the purposes 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 Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
Resolution No. 2002-_
Page 2
PASSED AND ADOPTED this 151 day of October, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Work Order No.
EASEMENT
This Instrument Prepared By
c
o
o
o
o
o
o
o
o
o
o
Sec.~ , Twp 52 S, Rge.-1L E
Name:
Co. Name: FPL
Address
ParceILD. #_
(Maintained by County Appraiser)
Form 3722 (Slocked) Rev. 7/94
pg_of_
The undersigned, in consideration of the payment of $1.00 and other good and
valuable consideration, the adequacy and receipt of which is hereby
acknowledged, grant and give to Florida Power & Light Company, its licensees,
agents, successors, and assigns, an easement forever for the construction,
operation and maintenance of overhead and underground electric utility facilities
(mcluding wires, poles, guys, cables, conduits and appurtenant equipment) to be
installed from time to time; with the right to reconstruct, improve, add to, enlarge,
change the voltage, as well as, the size of and remove such facilities or any of
them within an easement 10 feet in width described as follows:
o
o
o
o
o
o
o
o
o
o
o
B~~ebDDDDDDDDDDDDDDDDD
See Attached Sketch and Legal Description
Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and
conduit within the easement and to operate the same for communications purposes; the right of ingress and e~ess to said premises at
all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions withm the easement area; to
trim and cut ana keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might
interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the
fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the land heretofore described, over,
along, under and across the roads, streets or highways adjoining or through said property.
IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on
Signed, sealed and delivered
in the presence of:
City of Aventura
By:
(City Manager)
Print Name: Eric M. Soroka
(Witness' Signature)
Print Name
(Witness)
Print Address: 19200 W. Country Club Drive
Aventura, Florida 33180
(Witness' Signature)
Attest:
Print Name
(Witness)
(City Clerk)
Print Name: Teresa M. Soroka, CMC
Print Address: 19200 W. Country Club Drive
A ventura, Florida, 33180
(Corporate Seal)
STATE OF AND COUNTY OF . The foregoing instrument was acknowledged before
me this day of , by , and
respectively the City Manager and City Clerk of
. a corporalion, on behalf of said corporalion, who are personally known to me or have produced
as identification, and who did (did not) take an oath.
(Type ofIdentification)
FPL EASEMENT
A STRIP OF LAND 10.00 FEET WIDE lYING IN TRACT "A", HUBER TRACT, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLA T BOOK 140, PAGE 58, OF THE PUBLIC RECORDS OF MIAMI-DADE
COUNTY, FLORIDA, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS
COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT "A"; THENCE NORTH 03Q14'18"
WEST, ALONG THE WEST LINE OF SAID TRACT "A", A DISTANCE OF 4000 FEET TO THE POINT OF
BEGINNING; THENCE NORTH 86Q45'42" EAST, ALONG A LINE 40.00 FEET NORTH OF, WHEN
MEASURED AT RIGHT ANGLES, AND PARALLEL WITH THE SOUTH LINE OF SAID TRACT "A" A
DISTANCE OF 306.00 FEET: THENCE NORTH 03Q14'18" WEST. A DISTANCE OF 15,00 FEET TO THE
POINT OF TERMINUS.
THE SIDELINES OF SAID STRIPS TO BE LENGTHENED OR SHORTENED TO A POINT OF
INTERSECTION SO AS TO CREATE A CONTINUOUS STRIP.
SAID LAND LYING IN THE CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA.
NOTE: BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED BEARING THE WEST LlNE OF
SAID TRACT "A" BEARS NORTH 03"14'18" WEST
CERTIFICATE:
WE HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO CHAPTER 61G17-6
(FLORIDA ADMINISTRATIVE CODEI, MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN
THE STATE OF FLORIDA AS ADOPTED BV THE DEPARTMENT OF BUSINESS AND PROFESSIONAL
REGULATION, BOARD OF PROFESSIONAL LAND SURVEYORS IN SEPTEMBER, 1981, AS AMENDED,
PURSUANT TO CHAPTER 472.027 OF THE FLORIDA STATUTES, AND IS TRUE AND CORRECT TO THE
BEST OF OUR KNOWLEDGE AND BELlEF.
CRAVEN THOMPSON & ASSOCIATES, INC.
CERTIFICATE OF AUTHORIZATION LB271
LN-4~
scon A. R=ID
PROFESSIONAL SURVEYOR AND MAPPER NO. 6258
STATE Of FLORIDA
THIS SKETCH IS NOT VALID WITHOUT THE
SIGNATURE AND THE ORIGINAL SEAL Of A FLORIDA
LICENSED SURVEYOR AND MAPPER.
SEP 1 3 2002
N:\Clerical\JOBS\2002\02-0013\LEGALS\FPL ESMT,doc
SHEET I of 2
September 10. 2007
(B
CRAVEN -THOMPSON a ASSOCIATES, INC.
ENGINEERS PLANNERS SURVEYORS
3563 N,W, 53RD STREET FORT LAUDERDALE, FLORIDA 33309 (954) 739-6400
FAX: (954) 739-6409
FOR CITY OF A VENTURA
I
I
\
I
I
I
!
\
\
\
I
I
I
I
\
I
I
I
I
\
\
I
I
\
\
\
I
I
I
I
I
\
I
I
I
I
SCALE: 1"
--.J
"'C
<:
G
--.J
~
G
1"-'
~~
~:!
"-'"
~
UPDA TES and/or REVISIONS
DETAIL
JOB NO,: 020013
DRAWN BY: SAR
60'
0::
o
o
'Z~
wr--
=<",
ill'"
<(w
w0
-'<(
<(0..
z,
Or--
~g
0l()
~Cll
Z,,:
'00
"<0::
"'W
<Do..
\
\
\
I
I
I
I
I
\
\
I
I
I
1
\
\
I
I
I
\
I
I
I
I
\
1
DATE
EASEMENT
CENTERLINE
LEGEND
MD,C.R,
0. R.8.
L
o
R
BY CK'D
NOTE: THIS IS NOT A SKETCH OF SURVEY, but only 0 graphic depiction
of the description shown hereon. There has been no field work, 'Iiewing of
the subject property. or monuments set in connection with the preparation
of the information shown hereon.
SKETCH TO ACCOMPANY DESCRIPTION
FPL EASEMENT
NO. T SUBDJVlDED
SOJ"06'52"E 334.74'
232.86'
---,
~?d
!"lc:i
",-
:'>
<0
""
<:
a::
u
1-0
U2
<(
0:::a5
I-tD
er:W
WG
m~
=:)
Iei'
.q-
:<( ~
o
1-0
Um
<(
o:::~
I----l
Q..
I
I
\
\~ \'
\ \ \
\ \ \5
\ \ ~
I \ \~
Ll \ ~_
~ \ i \;
I g
'Cl1 \'5
~I I Q. .
<:::l ",""
")\ I \~ ~
~I I ~ ~
~\ I \~ ~
:'l' I '"
181 ~ it-,
<: I ~ ~
\ I . \~ ~
\ I ~
I
\ \
\
I-
IJ)
<(
W
I
f-
er:
o
z
"6~~
a"'",
",,,,it-,
<0--
1I'i\;""
Ct:-J~
II
C:l
~
" " ~
a--
a"''''
<ric:ie:,
';t';t~
Ct:-.J",
Ii
C:l
~
~
::.
~
~
.....
~
C)
Q..
~.
. g
~lti
",-
J-
~
:it
f-
W
W
0:::
I-
IJ)
I
f-
ro
ro
~;,;
:::J:",
iSl'...l
~~
"'l...
G
,"-
l...,.....
~I'...l
-.J'<:
.....fl::
~~
)
N03'14',8"W
304,89'
NO T SUBDIVIDED
~ ~es~
~
<: <:;;;:'
~ ';l:' ~gs"'"
~ ~~ ~I'...l~
-a :;:!.....~
~ ;,.'" 8~l...
.....,
..... a ~iS G
~ <:
.....~
Q ~'"
Q
MIAMI-DADE COUNTY RECo.RDS
OFFICIAL RECORDS BOOK
ARC LENGTH
CENTRAL ANGLE
RADIUS
SHEET 2 OF 2 SHEETS
NOTE The undersigned and eRA \/EN - THOMPSON &: ASSOCIA lES. INC. make no
representations or guarantees os to the information reflected hereon pertaining to
easements, rights-at-way. set bock lines. reservations. agreements and other
similar motters, and further. this instrument is not intended to reflect or set forth
all such motters. Such information should be obtained and confirmed by others
through appropriate title verification.
NOTE Lands shown hereon were not abstracted for right-af-way and/or
e<;;;ments of record. .
G: \2002\020013\DWG\FPL EASEMENTDWG
CHECKED BY: JVN F,B. N/A PG, N/A DATED: 9/10/02
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
DATE:
September 19, 2002
TO:
City Commission
FROM:
BY:
Eric M. Soroka, City Ma er ~
Robert M, Sherman, D ector f Community service~
SUBJECT:
Attached Resolution Authorizing Work Authorization No, 02-265-A to
O'Leary Design Associates for Landscape and Irrigation Design
Services for the Country Club Drive Landscape/Irrigation
Improvement Project.
October 1, 2002 City Commission Meeting Agenda Item if
Recommendation
It is recommended that the City Commission adopt the attached Resolution authorizing
the City Manager to execute the attached VVork Authorization to O'Leary Design
Associates in the amount of $66,955,00 to perform the necessary landscape and
irrigation design services for the Country Club Drive landscape and irrigation
improvement project,
Backaround
This project consists of modernizing the irrigation systems on Country Club Drive so all
watering can be done in the evening hours, thereby minimizing any inconveniences to
residents. It also involves re-Iandscaping Country Club Drive, removing dead, dying
and undesirable plant material and replacing them with shrubs and shade trees of
similar species. Palm trees will be used to replace and enhance existing palm
plantings, The total budget for this project is $900,000.
This work will include C<?mpleting an inventory of the existing irrigation system and plant
material; completing a detailed irrigation plan with specifications for the median and
swale areas; completing a detailed landscape plan with individual specifications for
trees and shrubs; completion of all plans and bid specifications; provide a cost estimate
City Commission
September 19, 2002
Page Two
for construction and perform the appropriate construction administrative services for
this project, This work will take approximately 60 days to complete.
RMS/gf
Attachments
RMS02080
RESOLUTION NO. 2002-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION NO. 02-265-A FOR PROFESSIONAL
LANDSCAPE ARCHITECTURE SERVICES TO PERFORM
LANDSCAPE AND IRRIGATION DESIGN SERVICES FOR
THE COUNTRY CLUB DRIVE LANDSCAPE/IRRIGATION
IMPROVEMENTS PROJECT BY AND BETWEEN THE
CITY OF AVENTURA AND O'LEARY DEISGN
ASSOCIATES FOR THE AMOUNT OF $66,955.00;
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 Authorization No. 02-265-A from O'Leary Design Associates to perform
professional landscape and irrigation design services in the amount of $66,955.
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 Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
Resolution No. 2002-_
Page 2
PASSED AND ADOPTED this 1 sl day of October, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
,
EXHIBIT 'A'
WORK AUTHORIZATION NO. 02-265-A
FOR
COUNTRY CLUB DRIVE
LANDSCAPEIIRRIGA TION IMPROVEMENTS
A VENTURA, FLORIDA
SCOPE OF CONSULTING SERVICES
BETWEEN
THE CITY OF A VENTURA, FLORIDA
AND
O'LEARY DESIGN ASSOCIATES, PA
OCTOBER 1, 2002
EXHIBIT 'A'
WORK AUTHORIZATION NO. 02-265-A
COUNTRY CLUB DRIVE
LANDSCAPEIIRRIGA nON IMPROVEMENTS
FOR
A VENTURA, FLORIDA
SCOPE OF CONSULTING SERVICES
PREAMBLE
The Consultant proposes to provide professional services associated with the landscape and
irrigation design of the East, West, and North Country Club Drive, and N.E. 34th Avenue from
North Country Club Drive to N,E. 207th Street, as follows:
I) Inventory the existing irrigation system to determine the re-use of existing systems,
II) Complete a sleeving plan depicting location and size of new sleeves to be installed
as part of the roadway irrigation contract.
III) Complete a detailed irrigation plan with specifications for the median and both
swale areas,
IV) Complete an existing vegetation inventory to determine retention or removal,
V) Complete a detailed landscape plan with specifications,
VI) Completion of irrigation material specifications suitable for bidding,
VII) Assist in the contract negotiation process for the selected contractor.
VIII) Complete the required Construction Administration Services for this project.
IX) Electrical Engineering Services (by Bailey Engineering Consultants)
NOTE:
*
Any required engineering plans, if any, other than electrical, will
be the responsibility of the City of Aventura Consulting Engineer.
*
This proposal is based on the fact that 'Bid Documents'
will not be required on this project.
O'LEARY DESIGN ASSOCIATES., P.A,
Landscape Architects
WAGE RATE CERTIFICATION
DATE: OCTOBER 1, 2002
PROJECT NUMBER: 02-265-A
PROJECT: COUNTRY CLUB DRIVE LANDSCAPE/IRRIGATION IMPROVEMENTS
AVENTURA, FLORIDA
PROJECT MANAGER: WILLIAM A. O'LEARY, FASLA
TASK NAME' LANDSCAPE ARCHITECTURAL SERVICES
TASK HOURLY PROPOSAL
CLASSIFICATION HOURS RATE DOLLARS
1. PROJECT MANAGER 272 110 $ 29,920.00
2. LANDSCAPE ARCHITECT 295 95 $ 28,025.00
TOTAL HOURS 556
TOTAL DOLLARS 57,945.00
REIMBURSABLE EXPENSES EST. COST RELATED
PRINT NO.
LANDSCAPE CONTRACTOR
CONSULTANT A
PERMIT FEES
TRAVEL
EQUIPMENT/SUPPLIES
PRINTS & GRAPHICS $ 1,350,00
A. TOTAL REIMBURSABLE EXP, $ 1,350.00
DIRECT EXPENSES:
SUBCONSUL T ANT A - ELECTRICAL 7,660.00
SUBCONSULTANT B - GRAPHICS
BLUEPRINT/REPROS
PERMIT FEES
MEALS
EQUIPMENT/SUPPLIES
B. TOTAL DIRECT EXPENSES $ 7,660,00
C. TOTAL DIRECT LABOR $ 66,955,00
TOTAL BUDGET
(A+B+C)
PREPARED BY: WAO 10/1/02
APPROVED BY: WAO 10/1/02
,VORK AUTHORIZA nON Nt. _ J2-265A
The City of Aventura has requested Work Authorization No. 02-265-A, as provided for in the
agreement between the City of Aventura and O'Leary Design Associates, P.A. and approved by
the City Commission on August 20, 1996.
This Work Authorization No, 02-265-A provides for Landscape Architectural services in
accordance with Articles 3 and 4 of the agreement as further detailed in the scope of services
Exhibit A.
Payment for such services shall be in accordance with Article 5 of the agreement.
Total estimated labor expenses are............$57,945,OO
Total estimated direct expenses are........... $ 7,660.00
Total estimated reimbursables are.............$ 1,350.00
O'LEARY DESIGN ASSOCIATES, P.A.
By:
WILLIAM A. O'LEARY, FASLA
CITY:
ATTEST:
CITY OF A VENTURA, FLORIDA
through its CITY MANAGER
By:
City Clerk
By:
City Manager
TERESA M. SOROKA. CMC
ERIC M. SOROKA
_day of
,20_
APPROVED AS TO FORM
By:
City Attorney
Notice to Proceed
Yes_No
WEISS-SEROT A-HELFMAN
Project Initiation Date
RECOMMENDED through its
CO~TYSER~CESDmECTOR
By:
Community Services Director
ROBERT M, SHERMAN
_day of
,20_
June 25, 2002
Mr. William O'Leary
O'Leary Design Associates, P.A.
Oak Plaza Center
8525 S.W. 92nd Street, Suite Cl1
Miami, FL 33156
Re: Country Club Drive - Irrigation Controllers
A ventura, Florida
Dear Mr. O'Leary:
Weare pleased to submit our revised proposal for electrical engineering services for the above
project. Our services shall complet'ed tracings of drawings for the work, covering all phases of our
design, in accordance with a f011TIat detem1ined by you, Our scope of work shall include the
following:
Design:
1. Electrical design associated with the proposed irrigation controllers to be located along
Country Club Drive, quantity of controllers not to exceed eight (8).
2. Final cost estimate and electrical specifications for the work performed under this agreement.
3. Attend meetings to answer quesIions relevant to our design,
4. Coordination with FP&L for electric service requirements
Construction:
1. Review and approve Shop Drawings each Contractor is required to submit, for conformance
with the design concept and compliance with the Contract Documents.
2. Issue all instructions of OWNER to Contractor(s); issue necessary interpretations and
clarifications of the Contract Documents.
(.01".
3, Make to the site at periods appropriate to the various stages of construction to observe the
progress and quality of the executed work.
(~..,:...:-:\.
'~(";.'.._/
2101 N. ANDREWS AVENUE, SUITE 100, FORT LAUDERDALE, FLORIDA 33311
TEL: (954) 564-3111 . FAX: (954) 564-3040 . WEB: www,baileyengineering,com
Mr. William O'Leary
Page 2
June 25,2002
Our scope of services shall include the design of an electrical system to provide service to up to eight
(8) irrigation controllers along Country Club Drive. Our scope of services shall also include limited
construction services as outlined above. Our fee- for this work shall be $7,660.00, payable as
follows:
80% Complete - When Plans are 80% Complete $
100% Complete - When Plans are COl:nplete $
Constnlction Services (prorated over the construction period.) $
3,768.00
942.00
2,950.00
Verytrul~~
-y//7 y
Stephen E. Bailey, P,E,
ACCEPTED
DATE
ODA-02-00 1 D.rev2.doc
!.~!.
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM:
Eric M. Soroka, City
TO:
City Commission
BY:
DATE: September 18, 2002
SUBJECT: Request of GDc Avenel Bay LLC for Extension of Final Plat
Approval
Aventura Bay Villas (08-SUB-01 EXT)
3001 NE 185 Street
October 1, 2002 City Commission Meeting Agenda Item 14
RECOMMENDATION
It is recommended that the City Commission approve an extension of time from
September 4, 2002 to March 4, 2003 to record the "Aventura Bay Villas" Final
Plat.
THE REQUEST
The applicant, Fortin Leavy Skiles Inc. on behalf of GDC Avenel Bay LLC, 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 September 4,
2002. 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)
BACKGROUND
OWNER OF PROPERTY
GDc Avenel Bay LLC
LOCATION OF PROPERTY
3001 NE 185 Street (see Exhibit #2 for Location
Map and Exhibit #3 for Aerial Map)
SIZE OF PROPERTY
LEGAL DESCRIPTION
Approximately 4.289 acres
Parcel 1: A tract of land in the S Y. of the S Y.
of Fractional Section 3, Township 52 South,
Range 42 East, Miami-Dade County, Florida
and
Parcel 2: A tract of land in the S Y, of the S Y,
of Fractional Section 3, Township 52 South,
Range 42 East, Miami-Dade County, Florida
and
Parcel 3: A tract of land in the S Y, of the S Y,
of Fractional Section 3, Township 52 South,
Range 42 East, Miami-Dade County, Florida
and
a perpetual, non-exclusive easement to use
the canal described as Parcel 3 in common
with all other owners abutting the canal
(see Exhibit #4 for complete legal description)
DESCRIPTION
The applicant is proposing to construct a Mediterranean-style residential
apartment building with 193 units, a six story accessory parking structure and
interior courtyard amenities, The property is currently vacant, being the former
site of Florida Wire Products on the north side of NE 185 Street just west of NE
31 Avenue,
Administrative Site Plan Approval was granted to the applicant for this
development on June 11, 2001. A six month extension of this approval, to
December 11, 2002, was granted on June 3, 2002.
The City Commission granted final plat approval by Resolution No. 2001-60
passed on September 4, 2001. (See Exhibit #5 for approved plat and Exhibit #6
for Resolution No. 2001-60) The applicant is requesting a six month extension of
time to record the plat, from September 4, 2002 to March 4, 2003. No change
has been made to the plan since Commission's previous approval in September
2
of 2001, with the exception of signature by the new owner and mortgagee.
Recording of the final plat has been delayed due to an Environmental Resources
Permit process that was required for this site by the Miami-Dade Department of
Environmental Resources Management.
3
Fortin. Leavy, Skiles, Inc.
.-\u~us: :~. 2(\1,' :
180 Northeast 168th Street
North Miami Beach, Florida 33162-3412
Phone 305-653-4493
Fax 305-651.7152
RECE\VED
AUG 3 0 2002
COMMUNI1Y DEVELOPMENT
Conlullln. En;ln..". Surveyors' Mapper.
earl L. Skll.s. PE P~uio.~:
011'11.1 C. Far1ln. PSW V,ce :"esicent
Jam.. W. Leavy. PSiI Se-: _ :"-us.'er
.1c.aJll1e C.UT. _'\"i5tant Planner
City c':' .'\ \entl::a
Cc,mn:unity De\dopment Department
1 9:l1(i \\'e5t C c'untry Club Drive
.'\ \emcra.. FL :: 31 SO
Tekrh,'ce ,:(",-'~6,"S.J7
Re: Reque5t for extension of Aventura Bay Villas, T-20953
De~u .1 c'3Ilne.
By thi, letter \w request an extension of time per Section 31-78-1 of the City of Aventura
City ':c,Je5 fc': the period of six months of the above-mentioned plat. This project was
passe.:! mJ aJ,'pteJ through the City of Aventura's City Commission on September 4th
:001 :-y :e5c,luion ~o, 2001-60. Attached please find the Tentative Plat being a Fortin,
Lea\y, Skiles. ]n.:, drawing number 400]0-003 dated March 5, 2001.
5in~erdy YQur~.
Fortin, Lea\y, Skiles. lnc,
Dmiel C. Fc'rtin.1r.
For the Fim1
Plat C c'c,rdinat"r
CC: \like \lul:1all \-+07) 667-3501 fax
EXHIBIT #1
08-SUB-01 EXT
FI5
BROWARD COUNIT
.'-'II!II'-'-'
DADB COUNTY
..
'.
:.
IVES DAIRY RD. ,.
MIAMIc
GARDENS DR.
t
I ,----
........."...,"1"01".1'1.,:0;: \
GOO'''' ....,"."."...'....,"."_I~,.'---.
,,;;:;"'''''' YA B OR. · ~ '\
MARINA : \
OVE . l
5 HARBOR CIRCLE .
- WAY .
~~ ~" \~~\'.Vl,,'1 : J
~ .
.
\tob.rt!rways . """"'-
WATERWAYS Shoppes 207 ST. . ~
: l
.
: r
:J
.
. .........
.
. --......
.
.
.
.
.
.
~ :
.>.. .
If ·
Jr :
1 :
;2 .
.
.
!/:' .
Q .
~"', .
,,^'1Si\C :
.
.
188ST. Subject Site .:
L 33180 i
- .
w_._._._._._._._.~
33 60:
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
c ._ ...,_""""",._..,,... n. ...- ·
~ .....~......r?T..... 'Y
: ..~(>l EXHIBIT #2 ~
~.:/
08-SUB-01 EXT
~
:I:
tU
X
6
~
.
:.
:.
:-
..
:.
:.
:.
:.
:.
:.
:.
:.
:.
:.
:.
:.
:.
:.
:.
:.
:-
:.
:'
:.
:'
:'
:'
..
:.
:.
:.
.:.
COUNTRY CLUB DR
~.. "'"
.......")./'., . ~~ \\"\
l;'\O~0; v)
. ")"')::"~' ", ,.'--------'
.......~rr} '~I.
"'1,\~Et~'t.n
,?"4~~t%0.
(
201 TER
Avent/Ua Mall
192 ST.
190 T
Loehnutrrrt's
Fashion u.i
Ishlnd ~
'"
'"
1
183ST,
Dumfoundling
Bay
Little
Maule
Lal<<
~
LEGEND
......
..
-
d
:>:
::
t
J
z
<;
:;
:J
19:<:5-
'..
".
S
E
z
$
Q
~.
\,
'-......
...-'
.~~
Oc""",
I
e
~~'?,~
':.t'.5:~~
Z'.F :JCE 5:1.J1aa""'>
=adroa::
N
\}
EXHIBIT #3
08-SUB-01 EXT
PARCEL 1:
A tract of land in the S 1/4 of the S 1/4 of Fractional Section 3, Township 52 South, Range 42 East., Miami-Dade
County, Florida, being more particularly described as follows:
Commence at the Southwest corner of the NW 1/4 of the SW 1/4 of the SE 1/4 of Fractional Section 3, Township 52
South, Range 42 East, Miami-Dade County, Florida; thence run North 00' 31' 59" West along the West line of the
NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3 for a distance of 70 feet to the Point of Beginning of the tract
of land herein described; thence run South 89' 59' 45" East along a line parallel to and 70 feet North of as measured
at right angles to, the South line of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3 for a distance of 295.00
feet to a point; thence run North 00' 31' 59" West along a line parallel to and 294.99 feet East of, as measured at
right angles to, the West line of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3 for a distance of 335.21
feet to the point of intersection with a line parallel to and 75 feet North of as measured at right angles to, the North
line of the S 1/2 of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3, said line being the high water line of
an existing canal; thence run North 89' 58' 15" West along the last described line a distance of 295.00 feet to the
point of intersection with the West line of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3; thence run
North 89 ' 58' 05" West along a line parallel to and 75 feet North of as measured at right angles to, the North line of
the S 1/2 of the NE 1/4 of the SE 1/4 of the SW 1/4 of said Section 3 a distance of 40 feet to the point of intersection
with a line parallel to and 40 feet West of, as measured at right angles to, the East line of the NE 1/4 of the SE 1/4 of
the SW 1/4 of said Section 3; thence run South 00' 31' 59" East along the last described line a distance of 335.36 feet
to the point of intersection with a line parallel to and 70 feet North of, as measured at right angles to, the South line
of the NE 1/4 of the SE 1/4 of the SW 1/4 of said Section 3; thence run South 89' 59' 25" East along the last
described line a distance of 40 feet to the Point of Beginning.
And a tract lying East of and, contiguous to the above described property, described as:
PARCEL 2:
A tract of land in the S 1/2 of the S 1/2 of Fractional Section 3, Township 52 South, Range 42 East, Miami-Dade
County, Florida, being more particularly described as follows:
Commence at the Southwest corner of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Fractional Section 3; thence
run North 00 3 31' 59" West along the West line of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Fractional
Section 3 a distance of 70 feet to a point; thence run South 893 59' 45" East along a line parallel to 70 feet North of,
as measured at right angles to, the South line of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3 a distance
of 295, feet to the Point of Beginning of the tract of land hereinafter to be described; thence continue on the last
described course a distance of 150.02 feet to a point; thence run North 003 31' 59" West along a line parallel to and
445 feet East of, as measured at right angles to, the West line of the NW 1/4 of the SW 1/4 of the SE 1/4 of said
Section 3 a distance of 335.15 feet to the point of intersection with a line parallel to and 75 feet North of, as
measured at right angles to, the North line of the S 1/2 of the NW 1/4 of the SW 1/4 of the SE 1/4 of said. Section 3,
said line being the high water line of an existing canal; thence run North 89' 58' 15" West along the last described
line a distance of 150,02 feet to a point; thence run South 00' 31' 59" East a distance of335.21 feet to the Point of
Beginning,
AND, ALSO, the Southerly portion of a canal bordering the above described property on the Northerly side thereof
described as follows:
PARCEL 3:
A tract of land in the S 1/2 of the S 1/2 of Fractional Section 3, Township 52 South, Range 42 East, Miami-Dade
County, Florida, being more particularly described as follows:
EXHIBIT #4
08-SUB-01 EXT
Commence al the SouthWCSI comer of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Fraclional Seclion 3; thence
run North 00' 31' 59" Wesl along the Weslline of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Fraclional
Scction 3 a distance of 405.34 feet to the point of interscction with a line parallel to and 75 feet Nonh of, as
measured at right angles to, the Nonh line of the South 1/2 of the NW 1/4 of the SW 1/4 of the SE 1/4 of said
Section 3, said point being the POinl of Beginning of the tract of land hereinafter to be described; thence run South
89' 58' IS" East along the last described line, bemg along the high water line of an existing canal, a distance of
445.02 feet to a point; thence run Nonh 00' 31' 59" West along a line parallel to and 445 feet East of, as measured
at right angles to, the West line of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3 a distance of 50 feel 10 a
point of inlersection with a line parallel 10 and 125 feet North of, as measured at right angles 10 the North boundary
of the S 1/2 of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3; thence run Nonh 89' 58' IS" West along
the last described line a distance of 445.02 feet to the point of intersection with the West boundary of the NW 1/4 of
the SW 1/4 of the SE 1/4 of said Section 3; thence run North 89' 58' OS" West along a line parallel to and 125 feet
North of, as measured al right angles to, the North boundary of the S 1/2 of the NE 1/4 of the SE 1/4 of the SW 1/4
of said Section 3 a distance of 40 feet to the point of intersection with a line parallel to and 40 feet West of, as
measured at right angles to, the East boundary of the NE 1/4 of the SE 1/4 of the SW 1/4 of said Section 3; thence
run South 00' 31' 59" East along the last described line a distance of 50.00 feet to a point; thence run South 89' 58'
OS" East a distance of 40,00 feet to the Point of Beginning.
Together with a perpetual, non-exc1usive easement 10 use that certain canal described as Parcel 3 herein conveyed as
a part, together and in common with and 10 the same extent as all other owners of land abutting said canal, which
canal is the subject of that certain Easement Agreement between the grantor herein, R.B. Gautier, Jr., Individually
and as Trustee, joined by his wife, Francis Gautier, and Nonh Dade Acres, Inc., a Florida corporation, dated June 4,
1962, recorded June 6, 1962, under Clerk's File No. 62R 98896, in Official Records Book 3185, Page 743 of the
Public Records of Miami-Dade County, Florida.
Sep 18 02 11:53a
p.2
.
Pursuant to Section 31-71 (b)(2)(ij 01 the City of AventLR I.m1d Development Code, this Applicant Representative Affidavit is
hereby made and submitted. The undersigned aulhorized representative olllle individual or entity epplying for the Development Penon,
which is iden@ed in the accompanying application, and the owner 01 the properly subject to the application Cd different) hereby lists and
identifies aU persons representing the individual or entity applying lor the Development Permn in connection wilh the application, as follows:
APPLICANT REPRESENTATIVE AFFIDAVIT
Name
Daniel C. Fortin
Relalionship Ii,., Allam.,.., An:hitecls, IAndsr:Bpe
An:hitscts. Engineers. Lobb,w. Ek:,)
Land Surveyor, FLS
Engineer, FLS
Owner
Carl L. Skiles
Samuel Ginsburg
:
(Altach AddUional Sheels If Necessary)
NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON USTED ON THE APPUCANT
REPRESENTATIVE AFRDAVIT SHALL BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE
DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY, APPUCANTS AND AFFIANTS ARE
ADVISED TO TIMELY SUPPLEMENT THIS AFFlDA vrr PURSUANT TO SEC, 31-71 (B)(2)(IV) OF THE CfTV'S LAND
DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION Of THE
APPUCATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT
BECOMES INCORRECT OR INCOMPLETE.
WITNESS MY HAND THIS 23rd DAY OFSeptember
(Signa/ure)
,2001).....
OWNER
By:
Name:
Name:
\
AUTHORIZED REPRESENTATIVE OF APPLICANT:
By:
(Print)
TtIIe:
Address:
TtIIe:
Address: 245 Saw Mill River
Hawthorne, NY 10532
New York
STATEOFRmI~lI l
COUNTY OF:tlIlQ/IKIIIIIml
WESTCHESTER
Belore me the undersigned authority personally appeared Samuel Ginsburg
Applicant and/or the owner of the properly subject to the application, who being first by me
executed this AlfidavU lor the purposes staled IIlerein and !hat U is true and correct.
(J AFFI
SWORN TO AND SUBSCRIBED BEFORE ME thisf1 day ol5>~-k.~b.l'r ,
ANN M. GUGLICH
Notary Public, State 0/ New York Public State 01
No. 01 GU6049654 Printed Name of Notary
Qualified in Westchester County ^,~y commission expires:
Commission Expires October 23, 20"","
autho~ representative 01 the
did swear or affino that he/she
s..p 1 B 02 11: 54a
p.3
-
-.
BUSINESS RELATIONSHIP AFFIDAVIT*
This Affidavit is made pursuant 10 Section 31.71 (b)(2)(IQ of the City of Aventura Land Development Code. The undersigned Afflallt hereby
discloses that: (mark with "Yo" applicable portions only)
Jf.
, .
AffI8lll does !!!l1 have a Business Relationship wi1h any member of 1he CIty Commission 01 any City Advisory
Boalllto which 1he application will be presented.
[ 12. ADient hereby discloses that it does have a Business Relationship with a member of the City Commission or a
City Advisory Boallllo which the lIpplicalion will be presented, as follows;
(List name of Commissioner or Advisory Boalll Member) who serves on the
(Ust City Commission or City Advisory Board upon which member
serves).
The nature 01 the Business Relationship is as follows:
11 i. Member 01 City Commission or Boalll holds an ownership Interest In excess 01 1% of total asselS or
capital stock 01 Applicant or Representative;
[1 ii. Member of City Commission or Board is a paMer, co-shareholder (as to shares 01 a corporalion
which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or
Representative In any business venture;
[ ] iii. The Applicant or Representative is a Client 01 a member of the City Commission or Board or a Client
of another professional worlling from the same o"ice or fOl the same employer as the member 01 the
City Commission or Board:
[ jlv. A City Commissioner or Board member Is a Client 01 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 01 the business of the member 01 the City
Commission or Board (or his or her employer) in a given calendar year;
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 01 the Applicant or Representative in a given
calendar year.
WllNESS MY HAND THIS L,DAY OF k;/' ,
APPLl~ANr' ~
By; ~,
Narie: Ol.lllEL..- c. ~E..'TIA)
Tille: .5flflIJF'1'~/J... - \/,('>r: P~.
.
[Ivi.
. 2001-
(Signa/ure)
(Print)
(Print)
WllNESS MY HAND THIS _ DAY OF
PROPERlY OWNER:
. 200)..
(Signature)
(Print)
(Print)
By:
Name:
nle;
'The terms 'Business Relationship," "C/ienl,' 'Customer," "Applicant." "Representative" and "Interested Person" are defined in
See/ion 2.395 of rhe Aventura City Code.
Sap 18 02 11:54a
p. .:.1
'18
~"'...~
BUSINESS RELATIONSHIP AFFIDAVIT.
This Affidavit is made pursuant to Section 31-71 (b)(2)(ii) of the City of Aventura Land Deveiooment Code, The undersigned Alfiant hereby
discloses thaI: (mark with 'x' applicable portions only)
~.
Afflanl does nol have a Business Relationship with any member of 1I1e City Commission or any City AdvisOIY
Board to which the application will be presented,
[ 12,
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 ~pplicalion 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 01 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;
[ I ii. Member of City Commission or Board is a partner, co-shareholder <as to shares of a corporation
which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or
Representative in any business venlure;
[ J iii, Tne 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;
I ] v, The Applicant or Representative is a Cuslomer of the member of the City Commission or Board (or 01
his or her employer) and transacls 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.
WITNESSMYHANDTHIS~DAYOF 5y~
APPLICANT: ~
BY:~~
Name: C. ...../ 1-. S ; e '5
Tille: P. C. '" J-C-6 -
,
, 200%,
(Signature)
(Print)
(Print)
WITNESS MY HAND THIS _ DAY OF
,200)..
PROPERTY OWNER:
By:
Name:
Trtle:
(Signature)
(Print)
(Print)
'The lerms 'Business Relationship: "Client: "Customer: "Appticant: "Representative" and "/nteresled Person" are defined in
Section 2-395 of the Aventura City Code.
Sep 18 02 11:S4a
p.5
WITNESS MY HAND TIllS ..lfl.... DAY OF Sy-l- ,
REPR~ENTAllVE:JLis~ J' ~ Relallonship AffidaV~)"
BY:~'/ ~gnaIUre)~Y:
Name: U.../ L, 5,k i/e7 (Print) Name:
,
Tille: ~E/ P~~. (Print)
By. A/~~ture)
(
Name:DAtJlfL C. fZ,!'-liU (Prim)
Trtle.C~UEf'Ptf-- - V. f. (Prim)
. 2Odt.
(Signature
(Print)
Trtle:
(Print)
By.
(Signature
Name:
(Prim)
(Print)
Tdle:
(Signalufll
(Print)
(Print)
By: (Signature) By:
Name: (Print) Name:
Tille: (Print) Tille:
By: (Signature) By:
Name: (Print) Name:
Tdle: (Prinl) Tille:
By: (Signature) By:
Name: (Print) Name:
Trt1e: (Print) Tille:
By. (Signature) By:
Name: (Print) Name:
Trt1e: (Print) TIlle:
(Signature
(Prinl)
(Print)
(Signature
(Print)
(Prinl)
(Signature
(Print)
(Print)
NOTE: II Use duplicate sheets II disclosure Inlormation lor Representative varies
2) Applicants and Affiants are advised \0 timely supplement this Affidavit pursuant \0 See, 31-71 (b)(2Klv) 01 the
City's Land Development Regulations in the City Code, In the event that prior to considaration 01 the application
by the City Board or COmmission, the Information provided In the Affidavit becomes Incorreel orlncompl.te.
Sep 18 02 11:54a
F'"
'-
HOT~RIZA110H PROVISION
6T'" TE OF A..ORIO" I
COONTY OF IMMI-llAllEl
Belonl me, 1M uncIersigned au1l1o<'ti, p"""",,1y appeared r {JI( \ L
I;eIlhl a~ "" MooIavit lor "'" plIIlIOSOs olale<l 1M"" and IlIala.. We and "",eel.
,sti\~""~n~ """ bei1g ~ bV me duly...... ad ."..,,>( aff"" lhal
~Z'Nd<:d
SWORN TO ANO SUBSCRIBEO be\o<e me lh.. Jh.. day 01 ~ 2<4-
iR 0 11 ~ i f)Of.JAJ.fU'
1t.~ Renee B8CC8rI NO'1lpLi>~SlateA'FIoridaIJ",""
. . My (;ooMliIIIon 001_ e n<. {. C\ rr (I If
~..";I ExplnoIs.,;to...b8l07 2006 Prinle<lNama 01 NoIary ti/'-t-I",,^^,.
My (X)(T\I'nisSk:) 8lli1l1'es: / JUt UJ"-P
~
sr...TE OF R.ORIOA I
,(;OUl{TY OF 1oI1N.\1-DAOE)
BeI>l9 me. lhe uncIersiQned au1hority, pe""",,1y _red 'AI/lEt.. ('. fOIL'T',J tile ,I.Jf..n~ '""" beilQ ~ by me duly """"" did swear '" alf"" ll\a\
_ aJQlOJtsd lhls Mldavil lor \he purposes olale<l tl1e..1n end lhall" We and c:on<Cl- ~
~0Y
_ mwrr
SWORNTOANOSUBSCRIBEObo\o<cmelh~LLdavOlk/'7 .200J.. _f( I
.e f111 ,8o.AJAJJU'
11~ R..... B8CC8rI Nola ubflcS \a 01 ' IJ~.
. . My (;ooMliIIIon 001_
~..";I ExplnoI5epl8mber07 2006 Printed Name of Nolary f'l1='J IOIOOLJ
MVc:omm1ssiOO elq)ifes:~
ST"'TE OF F\.ORIOA )
COUIITY OF MIAMI-DAOE)
Belofe me, the undersigned authority, personally appeared
heJst..e exearted this Nfidavl\ lor 1he purposes stated therein I1nd that it k we .od cooed.
the Affiant, ...mo bein~ fu'"st by me duly sworn. d.id swear or l1[ilrTl\ thaI
...FFIANT
SWORN TO ANO SUBSCRIBEO bel"'. me \h.. _ day 0\
, 'lS1Sk
Notary Pwlic Slaw 01 A:>rida IJ UrQe
pmled Name al NoWy
My CQ<M1IssIon oJ!>1nls'
ST...TEOF R.0RI0A I
COUIITY OF MIAMI-DAOE)
Beionl me, Il1e unOer>lllned au1hority. po""""lly _rod
I;eIlhl .xeoJle<l\h.. ,l.Jfidavit lor lhtl purposes &la1e<l1lo101n andlhall is true and "",oct.
the ,6J("lanl, wtlo being first by me dUty sworn. did swear 0( atrllm tt\al
,l.FFIANT
SWORN 10 AND SU6SCRlBEO belore me thi:i _ day 01
zOO]....
Notary Pwflc Stale 01 Florida IJ lalli"
Prinled llama 01 Nolary
My c:omrnIsSk:ln e~es:
Sep 18 02 11:54a
p.3
-.
BUSINESS RELATIONSHIP AFFIDAVIT.
This Affidavit is made pursuant to Section 31.71 (b)(2)(u) of the City of Aventura Land Development Code. The undersigned A1flallt hereby
discloses !hat: (mark with 'x' applicable portions only)
[X] 1. Afflal1t does !!!l1 have a Business Relationship with any member of the City Commission or any City Advisory
Board to which the application will be presented.
[ 1 2. Affiant hereby discloses that it does have a Business Relationship with a member otthe City Commission or a
City Advisory Board to whicl1the IIpplicalion will be presented. as lollows;
(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 01 the Business Relationship is as follows:
[ ) i. Member of City Commission or Board holds an ownership interest In excess otl % 01 total assets or
capital stock of Applicant or Representative;
[ 1 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;
[ ] ili. The Applicant or Representative is a Client 01 a member of the City Commission or Board or a Client
01 another prolessional working Irom the same office or lor the same employer as the member 01 the
City Commission or Board;
11 iv. A City Commissioner or Board member is a Client 01 the Applicant or Representauve;
11 v. The Applicant or Representative is a Customer 01 the member of the City Commission or Board (or 01
his or her employer) and transacts more than $10,000.00 olllle business of the member 01 the Cily
Commission or Board (or his or her employer) in a given calendar year;
I ] vi. The member 01 the City Commission or Board is a Customer 01 the Applicant or Representative and
transacls more than $25,000.00 of the business of the Applicant or Representative in a given
calendar year.
WITNESS MY HAND THIS _ DAY OF
,2ooz..
APPLICANT:
PROPERlY 0
(Signature)
(Print)
(Print)
DAY OF September
. 200).
By:
Name:
Tille:
By:
Name: S
Tille:
(Signature)
(Print)
(Print)
'The terms "Business Relatianship," 'Client," 'Customer," "Applicant," "Representative" and "Interested Person" are defined in
Secrion 2.395 of the Aventura Gity Gode.
~Cr .~ ~- ----.-
NOTE: II Use duplicale sheels II disclosure Inlormalion lor Represenla\ive varies
2) Applicants and Aftiants Ire advised 10 Iimely supplemenl this Aftidavil pursuant 10 Sec. 3HIlb1l211lv) ot \he
Clly's land Developmenl Regulations In \he Cily Code, In the evenl\hal prior 10 consideralion 01 the applicaUon
by Ihe Cily Board or Commission, \he lnlormalion provided In the Allidavil becomes Incolleat ar Inaompl.",
Sep 18 02 11:54a
p.4 '
NEW YORK
6TA11:Of~ I
COUKlYOflil#li-~ '
WESTCHE ER Samuel Glnsburg
Be.... IN. .... un<Io<Signod 1UII1oIIY. pI<tGlIIIY appeared
...,................. AIr.s..."'''' _slIalld...1'Iln and Ihall i5lNO and_
NOTARlZAll0N PROVISION
ANN M, GUGLICH
Notary Public, State of New
No. 01 GUB049654
Qualified in Westchester Counffnlld Namo 01 NoIaIy
Commission Expires October 23, t!iJ~upns'
...
'7 )(d
SWORN TO ~D SU8SCRIBED bolore me lhis l:::L day 0
6TA11:OfR.ORlDA I
.C(lUltTY Of MIAhII-oADE)
Be"," .... ... unoleroigneCl eu1horitr. _1Iy _l1lCI the Alfllllll, ..no bellg i<sI by me dilly sworn. dOl_' or alf"",lhal
..... a1lllOlf8<l1hls Modaw1or Iha _s oto\lCl....reln and 1haI11s lNO and...-
AFfWIT
SWORN TO ~D SUBSCRIBED before me lhIE _ day 01 .2lXiJ...
Notary Pwnc SIa" 01 f'<X\da No ~
Prinlec1 Namo 01 Nolary
Mv~s:iorl'qQS:
STATE OF FLORIDA 1
CQUtITY OF IoIIMII-oADE)
Before me. .... undersigned aull\Orit'f. personally appeare<!
helshe e>OQl\e<llhis Nfld.vlllor.... PUlpose. a1a\lCl lI1e.." end !hallls lNO and coned,
tie Affl&l1l. who being ram by me duly sworn. d"d swear OJ aKIm\ Chal
AFFIANT
SWORN TO AND SU8SCRIBED before me Ihis _ day 01
.'lf1fJ,.-
NoI3Iy P_ SIa.. 01 f'<X\da No ~
Plfnlld Name 01 NoIaIy
MYcommlSt~ IxpP!t"
STA'lEOfFLORIDA I
<XlUNlY OF MIAhII-llADEI
Belore me, \Ile undel>iQned eu1horitr. personally oppear"" .... Alf""'~ - bellg fin;! by me duly 1'Mlll\. dOl....... or alf"",lhal
helshe exeallec1lhis Alfod.1rit lor.... pulpole' oIa\lCllhareln end !hat I is lnle and_
AFfWIT
SWORN 10 ANa SUBSCRIBED before me"io _ day ot .2OS1-
NoIaJ'f Pwnc Slala 01 Florida No La'IJB
Prin\lClllama 01 NoIaIy
My (ll)l1llIlIsS\o"'IeJq)kes:
S@p 18 02 12:52p
p.l
CITY OF AVENTURA
WAIVER OF RIGHT TO QUASI-JUDICIAL HEARING
Plat Application No. 03-50&-0\
Date
J);pr, is, Za:J"L
.
I, '1)AJ\JI EL.. O. ~/J , as authorized agent for, or owner
of the property which is the subject of the above plat application, hereby waive
my right to a quasi-judicial hearing before the Aventura City Commission when
the application is heard by the City Commission. I understand and agree that by
waiving this right, the City Commission may place the plat application on its
consent agenda and thereby consider the application without a public hearing. I
also understand and agree that upon request by a member of the Commission,
the City Manager, or any member of the public in attendance at the Commission
meeting where it will be heard, the application may be removed from the consent
agenda and be heard as a separate item and subject to a public hearing, In that
case, I understand that I will have the right to be heard when the application item
is discussed, with the hearing subject to the quasi-judicial procedures established
in Chapter 34, Article II, "Quasi-Judicial Matters" of the City Code.
~O~
Signature of Authorized Agent or O'..ner
~NI~L C. fZ:"rz.ToJ V/(J; F~ .
RESOLUTION NO. 2002-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING AN
EXTENSION OF THE TIME TO RECORD THE
"AVENTURA BAY VILLAS" PLAT, BEING A PLAT OF A
PORTION OF LAND IN THE SOUTH 'I. OF THE SOUTH 'I.
OF FRACTIONAL SECTION 3, TOWNSHIP 52 SOUTH,
RANGE 42 EAST AND PORTIONS OF LAND IN THE
SOUTH % OF THE SOUTH % OF FRACTIONAL SECTION
3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, CITY OF
AVENTURA, MIAMI-DADE COUNTY, FLORIDA;
PROVIDING FOR AN EFFECTIVE DATE,
WHEREAS Aventura Bay Villas, by and through Application No. 08-SUB-01
received final plat approval by Resolution No. 2001-60 passed by the City Commission
on September 4, 2001; 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 one extension of final plat approval of no
more than six months; and
WHEREAS the final plat has not been recorded and the successor in title, GDC
Avenel Bay LLC, has, prior to expiration, requested an extension of the approval for six
months in order to complete the recordation; and
Resolution No. 2002-_
Page 2
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 "Aventura Bay Villas", more particularly
described in Exhibit #1 attached to this resolution, is hereby extended from September
4, 2002 to March 4, 2003.
Section 2. 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 Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
Resolution No. 2002-_
Page 3
PASSED AND ADOPTED this 1 st day of October, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this 2nd day of October, 2002.
CITY CLERK
PARCEL I:
A tract of land in the S 1/4 of the S 1/4 of Fraclional Section 3, TO\\11Ship 52 South, Range 42 East, Miami-Dade
County, Florida, being more particularly described as follows:
Commence at the Southwest comer of the NW 1/4 of the SW 1/4 of the SE 1/4 of Fractional Section 3, Township 52
South, Range 42 East, Miami-Dade County, Florida; thence run North 00' 31' 59" West along the We511ine of the
NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3 for a distance of 70 feel 10 the Poinl of Beginning of the tract
of land herein described; thence run South 89' 59' 45" East along a line parallel 10 and 70 feet North of as measured
at right angles to, the South line of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3 for a distance of295,oo
feet to a point; thence run North 00' 31' 59" West along a line parallel to and 294.99 feet East of, as measured at
right angles to, the West line of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3 for a distance of335.21
feet to the point of intersection with a line parallel to and 75 feet North of as measured al righl angles to, the North
line of the S 1/2 of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3, said line being the high water line of
an existing canal; thence run North 89' 58' IS" West along the last descnbed line a disWlce of 295,00 feet to the
point nf intersection with the West line of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3; thence run
North 89' 58' 05" West along a line parallel to and 75 feet North of as measured at right angles to, the North line of
the S 1/2 of the NE 1/4 of the SE 1/4 of the SW 1/4 of said Section 3 a distance of 40 feet to the point of intersection
with a line parallel to and 40 feet West of, as measured at right angles to, the East line of the NE 1/4 of the SE 1/4 of
the SW 1/4 of said Section 3; thence run South 00' 31' 59" East along the last descnbed line a distance of 335.36 feet
to the point of intersection with a line parallel to and 70 feet North of, as measured al righl angles to, the South line
of the NE 1/4 of the SE 1/4 of the SW 1/4 of said Section 3; thence run South 89' 59' 25" East along the last
described line a distance of 40 feet to the Point of Beginning,
And a tract lying East of and, contiguous to the above described property, descnbed as:
PARCEL 2:
A tract of land in the S 1/2 of the S 1/2 of Fractional Section 3, TO\\11Ship 52 South, Range 42 East, Miami-Dade
County, Florida, being more particularly described as follows:
Commence at the Southwest comer of the NW 1/4 of the SW 1.14 of the SE 1/4 of said Fractional Section 3; thence
run North 00' 31' 59" West along the West line of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Fractional
Section 3 a distance of 70 feet to a point; thence run South 89' 59' 45" East along a line parallel to 70 feel North of,
as measured at right angles to, the South line of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3 a distance
of 295, feet to the Point of Beginning of the tract of land hereinafter to be descnbed; thrnce continue on the last
described course a distance of 150.02 feet to a point; thence run North 00' 31' 59" West along a line parallel to and
445 feet East of, as measured at right angles to, the West line of the NW 1/4 of the SW 1/4 of the SE 1/4 of said
Section 3 a distance of 335.15 feet to the point of intersection with a line parallel 10 and 75 feet North of, as
measured at right angles 10, the North line of the S 1/2 of the NW 1/4 of the SW 1/4 of the SE 1/4 of said'Section 3,
said line being the high water line of an existing canal; thence run North 89' 58' IS" West along the last descnbed
line a distance of 150.02 feet to a point; thence run South 00' 31' 59" Easl a distance of335.21 feet to the Point of
Beginning.
AND, ALSO, the Southerly portion of a canal bordering the above described property on the Northerly side thereof
described as follows:
PARCEL 3:
A tract ofland in the S 1/2 of the S 1/2 of Fractional Section 3, Township 52 South, Range 42 East, Miami-Dade
County, Florida, being more particularly described as follows:
Page 1 of Exhibit #1 to Resolution No. 2002-
Commence at the Southwest comer of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Fractional Section 3; thence
run North 00' 31' 59" We51 along the West line of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Fractional
Section 3 a distance of 405.34 feel to the point of inlerseclion with a line parallel 10 and 75 feet North of, as
measured at right angles to, the North line of the South 1/2 of the NW 1/4 of the SW 1/4 of the SE 1/4 of said
Section 3, said point being the Point of Beginning of the tract of land hereinafter to be described; thence nut South
89' 58' 15" East along the last described line, beiIig along the high water line of an existing canal, a distance of
445,02 feet to a point; thence run North 00 ' 31' 59" West along a line parallel to and 445 feet East of, as measured
at right angles to, the West line of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3 a distance of 50 feet to a
point of intersection with a line parallel to and 125 feet North of, as measured at right angles to the North boundary
of the S 1/2 of the NW 1/4 of the SW 1/4 of the SE 1/4 of said Section 3; thence run North 89' 58' 15" Wesl along
the last described line a distance of 445.02 feet to the point of intersection with the West boundary of the NW 1/4 of
the SW 1/4 of the SE 1/4 of said Section 3; thence nut North 89' 58' 05" West along a line parallel to and 125 feet
North of, as measured al right angles to, the North boundary of the S 1/2 of the NE 1/4 of the SE 1/4 of the SW 1/4
of said Section 3 a distance of 40 feet to the point of intersection with a line parallel to and 40 feet West of, as
measured at right angles to, the East boundary of the NE 1/4 of the SE 1/4 of the SW 1/4 of said Section 3; thence
run South 00' 31' 59" East along the last described line a distance of 50.00 feet to a point; thence nut South 89' 58'
05" East a distance of 40.00 feet to the Point of Beginning.
Together with a perpetual, non-exclusive easement to use that certain canal descnbed as Parcel 3 herein conveyed as
a part, together and in common with and to the same extent as all other owners of land abutting said canal, which
canal is the subject of that certain Easement Agreement between the grantor herein, R.B. Gautier, lr., Individually
and as Trustee, joined by his wife, Francis Gautier, and North Dade Acres, Inc., a Florida corporation, dated lune 4,
1962, recorded lune 6, 1962, under Qerk'. File No. 62R 98896, in Official Records Book 3185, Page 743 of the
Public Records of Miami-Dade County, Florida,
Page 2 of Exhibit #1 to Resolution No. 2002-
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
FROM:
Eric M. Soroka, City M nage
~C -
HarrY rvt. Kilgore, Fi ance
rt Services Director
TO: City Commission
BY:
DATE:
September 24, 2002
SUBJECT: Agreement for Collection of Escaped Occupational Licenses on
Insurance Companies
October 1, 2002 City Commission Agenda Item No, J...tf:....
RECOMMENDATION
It is recommended that the City Commission approve the attached Agreement between the
City and the Florida League of Cities for the collection of unpaid, escaped and delinquent
occupational licenses on insurance companies who transact business in the City,
BACKGROUND
The Florida League of Cities has operated this program for many years. The primary
thrust of the program is to collect occupational licenses from insurance companies which
do not have offices located within a city's corporate limits but who transact business with
home and commercial owners who are located within a city.
The program has been used by numerous cities resulting in collection of anywhere from a
few hundred dollars to several thousand in some years for other cities. I would project that
Aventura may receive up to $10,000 the first year with smaller amounts each year
thereafter.
The program is operated on a contingency basis with the League receiving 50% of the
gross amount recovered each year. In subsequent years, these same insurance
companies can be billed directly by the City resulting in a permanent increase in City
collected occupational license fees. In order to participate, we will provide the League with
a copy of our occupational license fee schedule and a listing of all current occupational
licenses for insurance companies.
Since the program is on a contingency basis and City administrative costs are negligible, I
view the program as found money and recommend approval of the resolution,
HMK/mn
RESOLUTION NO, 2002-_
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF AVENTURA, FLORIDA,
AUTHORIZING THE CITY MANAGER TO EXECUTE
THE ATTACHED AGREEMENT FOR COLLECTION
OF UNPAID, ESCAPED AND DELINQUENT
OCCUPATIONAL LICENSES ON INSURANCE
COMPANIES WHICH TRANSACT BUSINESS IN
THE CITY BETWEEN THE CITY OF AVENTURA
AND THE FLORIDA LEAGUE OF CITIES INC,;
AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS
OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section1: The City Manager is hereby authorized to execute the attached
Agreement with Florida League of Cities, Inc. for collection of unpaid, escaped and
delinquent occupational licenses on insurance companies which transact business in the
City.
Section 2: The City Manager is authorized to do all things necessary to carry out
the aims ofthis resolution.
Section 3: This Resolution shall become effective immediately upon its adoption.
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 Arthur Berger
Commissioner Jay Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
who
and
Resolution No. 2002-_
Page 2
PASSED AND ADOPTED THIS 1st day of October, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC, CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
AGREEMENT
STATE OF FLORIDA
COUNTY OF
THIS AGREEMENT. rtlade and entered into the
day of
.A.D,
. between the FLORIDA LEAGUE OF CITIES, INC., a corporation not for profit of the State of Florida,
with its principal office in the City of Tallahassee, Florida, hereinafter called the "League," and
. a municipal corporation of the State of
Florida, hereinafter called the "City;"
WITNESSETH: That for the consideration hereinafter set forth, the League and City agree that:
1. The League will make necessary investigations and collect unpaid, escaped and delinquent privilege or
occupational license taxes from corporations, firms or associations transacting any insurance business in the
City,
2. The City shall not incur any expense or liability in connection with such investigation and collection except
as hereinafter set forth.
3. The League, at its expense, will write all necessary letters and assume all other expenses incurred in the
collection of said license taxes.
4. Only such corporations, firms or associations obligated to pay such license taxes under State Law or under
any City Ordinance of the City shall be approached or investigated.
5. The League shall retain 50% of the amount collected for effecting the collection of such delinquent and
escaped privilege, or license, taxes and the balance of 50% of the gross amount recovered shall be forwarded to
the City periodically by statements to said City. The League shall receive no commission or compensation for
amounts collected in subsequent years on voluntary payments or payments received from billings by the City
from companies from which the League has effected collection under this Agreement.
6. During the term of this Agreement the City shall notify the League of any payments or compromise
settlements received by the City, of such escaped and delinquent license taxes due from insurance corporations,
fmns or associations. If any license taxes collected under this Agreement are paid directly to the City, the City
shall remit to the League the commission due it under this Agreement, or if sums are forwarded to the League in
the name of the City, the League shall deduct its commission and remit to the City the sums due it under this
Agreement.
7. This Agreement shall remain in full force and effect until tetminated by either party upon giving at least
ninety (90) days notice in writing to the other party, and all collections received during said ninety (90) day
period shall be disbursed in accordance with the above provisions of this Agreement.
IN WITNESS WHEREOF, the parties have hereunto caused their names to be signed and their seals to be affixed,
this the day and year first above written.
FLORIDA LEAGUE OF CITIES, INC" a corporation nol for
profit of the State of Florida
BY
President
ATTEST:
SecretaIy
A Municipal Corporation of the State of Florida
BY
A1TEST:
City Clerk
AGENDA ITEM 7.1
RESOLUTION NO. 2002-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA,FLORIDA; SUPPORTING THE NOVEMBER
5,2002 BALLOT INITIATIVE PROPOSING A SALES TAX
INCREASE OF WHICH MUNICIPALITIES WILL RECEIVE A
20% SHARE EXCLUSIVELY DEDICATED TO THE
TRANSPORTATION NEEDS OF MIAMI.DADE COUNTY AND
THE MUNICIPALITIES OF MIAMI-DADE COUNTY,
FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Mayor and Board of County Commissioners of Miami-Dade County
have proposed a sales tax increase, which revenue is to be solely dedicated to
transportation needs; and
WHEREAS, a Citizens Independent Transportation Trust Fund has been proposed
to give oversight to the expenditure and utilization of these funds; and
WHEREAS, a 20% direct distribution of the gross sales tax revenues, based upon
individual municipal population (adjusted annually), will be directly distributed to all
municipalities solely to enhance transportation needs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AS FOLLOWS:
Section 1. The City Commission of the City of Aventura supports the Miami-Dade
County proposal which will provide for an increase in sales tax that will be dedicated to the
transportation needs of Miami-Dade County and the surrounding municipalities wherein
20% of the gross sales tax revenue will be utilized by municipalities for transportation
needs solely within municipal boundaries.
Section 2. The City Commission urges all responsible citizens to exercise their
right to vote on the issues presented in the upcoming November 5, 2002 election and to
vote in favor of the sales tax increase.
Section 3. This resolution shall be effective immediately upon adoption.
The foregoing Resolution was offered by Commissioner
moved its adoption. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
, who
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
Resolution No 2002-_
Page 2
PASSED AND ADOPTED this 1st day of October 2002.
JEFFREY M, PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
DATE:
City Commission
Eric M. Soroka, C~ r
September 25, 2002
TO:
SUBJECT:
Drug Control and System Improvement Grant Program Agreement -
Byrne Grant
October 1, 2002 City Commission Meeting Agenda Item ..2:f...
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
the execution of an Agreement with Dade County for the Community Drug and Crime
Prevention Program Grant in the amount of $8,081. This grant was previously received
the past three years.
BACKGROUND
The City had previously applied for the Federal Byrne Grant and received confirmation
of its award. The County administers the grant. The grant will be utilized to implement
crime prevention and community policing programs, The grant will provide $8,081 , and
the City is required to provide a $2,693 match for a total of $10,744. A detailed budget
for the grant is attached.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC01123-02
RESOLUTION NO, 2002-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED AGREEMENT
BETWEEN THE CITY OF AVENTURA AND MIAMI DADE
COUNTY TO PROVIDE A COMMUNITY DRUG & CRIME
PREVENTION PROGRAM; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized on behalf of the City of
Aventura to execute and otherwise enter into that certain Agreement between Miami Dade
County and the City of Aventura to provide a Community Drug & Crime Prevention Program
in substantially the form as attached hereto.
Section 2. The City Manager is hereby authorized to do all things necessary and
expedient in order to effectuate the execution of the attached Agreement described in
Section 1 above, and to carry out the aims of this Resolution.
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 Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Mayor Jeffrey M, Perlow
Resolution No. 2002-_
Page 2
PASSED AND ADOPTED this 1st day of October, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMc
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
Drug Control and System Improvement Formula Grant
FY2003 PrograDl InforDlation Fonn
Contracts will ONLY be awarded upon submission of this comp/etedform.
PROGRAM INFORMATION FOR THE CITY OF:
AVENTURA
Program Name:
COHKllNITY POLICING
Program Area:
Community Policing
Contact Person: Thomas E. Ribel, Chief of Police
Phone & FAX:
(305) 466-8966
FX: (305) 466-8991
Names of Program Staff:
Ernest Long, Crime Prevention Specialist
SEt. Ivelisse Crowlp.y- Co.Eanity Policing Unit
Phil Hershey - Grant Administrator
Program Start Date:
October 1, 2002
Program End Date:
September 30, 2003
Day (s) and Hours of Program
Program Location
Name:
Address:
Phone:
PROGRAM INFORMATION FOR THE CITY OF: AVElITURA
Program Name: COMKUIlITY POLICING
Program Schedule
960 For each date a sessionlmeeting is budgeted, list the DATE and the
DESCRIPTION OF MEETING ACTIVITY;
96. The first date to be recorded is the same as the START DATE, the final date to
be recorded is the same as the END DATE;
960 DESCRIPTION OF MEETING ACTJV1TV may include cunlculwn plans,
meeting club topics, guest speaker presentations, athletic team practice and game
schedule, special events like Red Ribbon Day, field trips, erime watch meeting
schedule and meeting plans, etc,
960 Use as many copies of this page as may be necessary.
Date Description ofMeetinl! Activitv
City of
Aventura
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
Office of the City Manager
May 24, 2002
Mr, Clayton Wilder
Community Program Administrator
Office of Criminal Justice Grants
Business Support Programs Office
Florida Department of Law Enforcement
2331 Phillips Road
Tallahassee, FL 32308
Dear Mr. Wilder:
In compliance with the State of Florida Rule 9B-61.003(4)(d),F.A.C., the City of
Aventura approves the distribution of $1,590,482 of Federal Fiscal Year 2002 Anti-Drug
Abuse Act funds for the following projects within Miami-Dade County:
Subgrantee
Miami-Dade County
Miami-Dade County
Miami-Dade County
Miami-Dade County
Miami-Dade County
Title of Proiect
Administration IV
New Directions, Residential Treatment IV
Juvenile Assessment Center IV
Prevention Coordination III
Community Policing IV*
Total
Sincerely,
~
Eric M, Soroka
City Manager
EMS/tms
*Includes local municipalities
PHONE: 305-466-8910 . F~: 305-466-8919
.!,. ..
....~..H .-,;..........f....""...........:..... .....,.........
Federal Dollars
$ 159,048
$ 225,000
$ 501,675
$ 75,000
$ 629,759
$1,590,482
DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM FY 2003
Program Proposal for:
AVENTURA
Jurisdiction Name
1. List Grant Coordinator and other participating agencies
Grant Coordinator:
Name:
THOMAS E. RTBEJ.
Title! Agency:
CHIEF OF POLICE / AVENTURA POLICE DEPT.
Mailing Address
19200 W. Country Club Drive
City/ Zip Code:
Aventura, FL
33180
Phone Number:
305-466-8966
FAX Number:
10S- 466-8990
List all Participating Agencies:
This could be other city departments, schools, private organizations, etc,
Agency Name:
Agency Name:
Agency Name:
Agency Name:
2. Name of Program Area:
COMMUNITY POLICING
3. Reimbursement Payment:
List the information below to identify who is to receive reimbursement payment.
Name:
THOMAS E. RIBEL
Title! Agency:
CHIEF OF POLICE/ AVENTURA POLICE DEPT.
Mailing Address:
19200 W. Country Club Drive
City/ Zip Code:
Aventura, 33180
DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM
4. Problem Identification:
Using two paragraphs, briefly describe a specific problem to be addressed with grant
funds, If this is a program enhancement project, you must provide a short summary if the
current program and describe any gaps between current and desired results.
The Aventura Police Department has been providing a full range of police
services to the community for just over five years now, having begun operations
on April 1, 1997. During that time, Aventura has continued to make a strong
commitment to being sensitive to the needs of the residents within the City
through Community Oriented Policing efforts. It is because of these efforts that
we have been able to better identify problems that need to be addressed,
Among these are public education and increased awareness of public safety and
crime issues and how to be better prepared to deal with these issues, with a
greater focus on drug awareness,
Aventura has had a significant elderly population; however, demographics now
reflect that while this still, in part, remains true, the number of families with
children moving into the area has increased dramatically. The elderly and
children each present their own unique problems to law enforcement, not only in
terms of crime victimization, but also with regards to personal safety. This recent
growth has invited the approval of a second school within the Aventura
community which is scheduled for fall 2003 enrollment. Currently in place is the
ASAP (Aventura Substance Abuse Program) Program which addresses a
cooperative working relationship with the Miami-Dade Public School Police as
well as within our local community, Aventura has several public and private
schools within a half mile of its boundaries and is regularly called upon to assist
with presentations to children from Pre-K through grade 12 in the areas of
substance abuse and taking pro-active approaches within the schools,
addressing the children as well as the teaching staff. Through this program, we
will be able to continue to focus on the drug concerns of all the school age
children in the Aventura area by means of educational printed material, videos
and hands-on together with interactive presentations on a continuous basis
throughout the school year.
DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM
S. Program Desciption:
Complete the items listed below and use additional pages if neccessary.
Title of Program:
COMMUNITY POLICING
Program Dates:
October 1. 2002 through September 30. 2003
Target Population:
City of Aventura Residents
Location of Program:
Aventura
Frequency of Program: Hi-monthly training within the school system in cooperation
with the Miami-Dade School Police. providing Ii minilllUlll of 2 safety/drug awareness
p-.;es~,atipg,s/mth.. vi.thJfcGruff & PC Car (voice activated - interactive) & Copper the
racl1l<y ana l::qulpmcnt tor P'rograrn' Clown.
Laptop, multimedia projector. educational videos. printed materials and drug display
boards. Laptop and projector are to be utilize~in drug presentations to display power
point and DVD programming.
TyPes of services to be Delivered:
.
Provide a minimum of 24 presentations during the fY to children K-12 alerting
th~m to the dangers of drugs. and safety issues. alcohol awareness and sc~ool
safety along with other related areas of concern.
Other Agencies involved:
Services delivered by other Agencies:
DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM _
S. Program Description (Continued):
Provide a description of the program addressing the Problem described in #4. If this is a
program enhancement project, you must provide a summary of the current program and
describe any gaps between current and proposed results.
We plan to provide the drug/substance abuse program with an emphasis on
increasing awareness, reducing fear and promoting safety within the City. This
approach is directed to the youth of the Aventura area encompassing ages K-12.
This program incorporates the use of McGruff the Crime Dog, P.C. the Car, as
well as Copper the Clown to provide safety training and awareness to school age
children which would be utilized in schools, special events, and during special
programs within the community focused on the youth.
..JUII. c..u..c..<uu.c.. .L.Lo..:n:...,.,,1
.v..",,-, Dlr<..'IL.. ~"""'I
PROGRAM BlIDGET
Iurisdiction Name'
AVENTURA
OProi:fllll Area: COMMUNITY POLICING
PrOil'>C' Name: COMM\JNlTY 1'01..lClNO
Target Population: School Age Children
Salaries ..d B.nerlts, TOIII
Contra.tual So"'"" Toto!
Esp_lei, TDtIll
laptop Computer
Mutimedia projector
PriDICd materials
Educational videos
,Dr..: dLoploy bom!
T Otlll Budl!l!t
DAde County wtu reilllburae AD "ntOUAt ..ot to eseeect:
Til.15O/. CASH MA TeH for tllil grlnt il.
The scu."'Ce cfthe CASH MATCH is:
Puli~,~CIlt.Fo~ F\md, Av<ntura
06103102, Av$03.WK4
contaa l'mon: CbiefTbomas RJbcl
893-74.0PH-ii91-i241 FX
Pror= D=s: Ill1ll1102 - 09/01103
$3,000
$3.300
$2.340
$1.724
$380
$8,0'1
52,693
so
$0
$10,7"
,~~
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M, Soroka, City
TO: City Commission
DATE: September 10, 200
SUBJECT: Proposed Ordinance to Extend Community Cable Television
d/b/a Com cast Cable Television Agreement
1$1 Reading October 1,2002 City Commission Meeting Agenda Item '3 A
2nd Reading November 5, 2002 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance extending
the Community Cable Television Agreement from April 22, 2008 to April 23, 2009.
BACKGROUND
The subject extension was agreed to by the City and the Franchisee / AT&T Comcast in
the Resolution of the City consenting the change of control of the Comcast Franchise
from AT&T Corp./Comcast Corporation to AT&T Comcast Corporation.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC01110-02
LEIBOWITZ & ASSOCIATES, P.A.
JOSEPH A. BELISLE
ILA L. FEL.D
MATTHEW L. LEIBOWITZ
CHERYL SWACK
SUITE 1450
SUNTRUST INTERNATIONAL. CENTER
MIAMI, FLORIDA 33131-1715
TELEPHONE (305) 530-1322
TELECOPIER (305) 530-9417
E-MAIL Firm@broadlaw.com
ONE SOUTHEAST THIRD AVENUE
August 2, 2002
Mr. Eric M. Soroka
City Manager
City of A ventura
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
Re: Prooosed Ordinance - Extension of Comcast Cable Television Franchise
AlITeement/1400.08
Dear Mr. Soroka:
I enclose for your review and the City's consideration, a proposed ordinance extending the
Community Cable Television franchise agreement from April 22, 2008 to April 23, 2009. Ila Feld
has reviewed and approved this ordinance for transmittal to the City.
This extension was' agreed to by the City and the Franchisee/AT&T Comcast in the
Resolution of the City consenting to the Change of Control of the Comcast franchise from AT&T
Corp./Comcast Corporation to AT&T Comcast Corporation (Exhibit B to the Community Cable
Television fi'k/a District Cablevision).
The law firm recommends the proposed ordinance be adopted after the City has received all
fully executed transfer documents referenced in the Resolution described above and all documents
referenced in the TCI change of control Resolution, as well as all monetary payments due to the City
by AT&T under both Resolutions,
If you have any questions, please do not hesitate to contact us. Thank you.
Very truly yours,
~f:l:~
Paralegal
/ga
ORDINANCE NO. 2002-_
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE FRANCHISE AGREEMENT BETWEEN THE
CITY AND COMMUNITY CABLE TELEVISION BY
EXTENDING THE EXPIRATION DATE OF THE FRANCHISE
AGREEMENT FROM APRIL 22, 2008 TO APRIL 23, 2009;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, Community Cable Television d/b/a Comcast Cablevision, a Wyoming
general partnership ("franchisee"), has a non-exclusive cable television franchise
agreement with the City;
WHEREAS, the subject franchise agreement with the City is scheduled to expire on
April 22, 2008;
WHEREAS, the City and the Franchisee have agreed to extend the term of the
Community franchise so that it expires on the same date as the "TCI" franchise as both
franchises are ultimately controlled by AT&T Comcast Corporation; and
WHEREAS, an extension of a cable television franchise requires adoption of an
ordinance by the City Commission;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Expiration Date.
The expiration date of the franchise described above is hereby extended from April
22, 2008 until April 23, 2009.
Section 2. Severabilitv.
If any part, section, subsection, or other portion of this Ordinance or any application
thereof to any person or circumstance is declared void, unconstitutional or invalid for any
reason, such part, section, subsection, or other portion, or the prescribed application
Ordinance No. 2002-_
Page 2
thereof, shall be severable, and the remaining provisions of this Ordinance, and all
applications thereof not having been declared void, unconstitutional or invalid, shall remain
in full force and effect. The City declares that no invalid or prescribed provision or
application was an inducement to the enactment of this Ordinance, and that it would have
enacted this Ordinance regardless of the invalid or prescribed provision or application.
Section 3. Effective Date.
This Ordinance shall take effect and be in force immediately upon its passage and
adoption on second reading.
The
foregoing
Ordinance was offered by Commissioner
, who moved its adoption on first reading. This motion
and upon being put
was seconded by Commissioner
to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
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 Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
2
Ordinance No. 2002-_
Page 3
PASSED AND ADOPTED on first reading this 1Slday of October, 2002.
PASSED AND ADOPTED on second reading this 5th day of November, 2002.
JEFFREY M, PERLOW , MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
3
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
City Commission
FROM:
Eric M, Soroka, City
inance Relating to Quasi-Judicial
DATE:
September 25, 20
SUBJECT: Proposed Cone of Silence
Matters
151 Reading October 1, 2002 City Commission Meeting Agenda Item g 13
2nd Reading November 12, 2002 City Commission Meeting Agenda Item
Attached is a draft Ordinance prepared by the City Attorney that was approved by the
City Commission at the September Workshop to address concerns expressed by the
City Commission relating to establishing a "Cone of Silence" for Quasi-Judicial matters.
The main points of the Ordinance are as follows:
1. Allows City Commissioners to discuss the merits of a proposed project or
development with anyone. However, as to the specific issue, which is the
subject of a pending quasi-judicial matter, Commissioners would be
prohibited from discussing the merits of the issue outside of the public
hearing with any person other than City staff.
2. The prohibition would not apply to applicant conferences with the City
Manager that are attended by individual Commissioners, provided that the
City Manager first finds that the application concerns a project of significant
impact and schedules such conferences. This would be similar to the
meetings held on the Town Center project.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC01121-02
ORDINANCE NO, 2002-_
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING THE CITY CODE BY AMENDING
CHAPTER 31 "LAND DEVELOPMENT REGULATIONS"
ARTICLE V "DEVELOPMENT REVIEW PROCEDURES",
AT PARAGRAPH (D) "FILING OF APPLICATIONS" OF
SECTION 31-71 "PROCEDURES OF GENERAL
APPLICABILITY", TO PROHIBIT ANY APPLICANT OR
APPLICANT REPRESENTATIVE FROM CONTACTING
THE CITY'S PROFESSIONAL STAFF (OTHER THAN THE
CITY MANAGER) CONCERNING A PENDING QUASI-
JUDICIAL APPLICATION FOR A DEVELOPMENT
PERMIT FROM THE TIME OF THE FILING OF THE
APPLICATION UNTIL THE TIME OF THE PREPARATION
AND DISTRIBUTION OF THE CITY MANAGER'S
WRITTEN RECOMMENDATION; AND AMENDING
CHAPTER 34 "PLANNING AND ZONING", ARTICLE II
"QUASI-JUDICIAL MATTERS", AT SECTION 34-34 "EX-
PARTE COMMUNICATIONS", TO GENERALLY PROHIBIT
CITY COMMISSIONERS FROM DISCUSSING THE
MERITS OF ANY SPECIFIC ISSUE WHICH IS THE
SUBJECT OF A PENDING QUASI-JUDICIAL
APPLICATION, OUTSIDE OF THE PUBLIC HEARING
PROCESS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR
EFFECTIVE DATE.
IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AS FOLLOWS:1
Section 1. Land Development Regulations Amended. That paragraph (d)
"Filing of Applications" of Section 31-71 "Procedures of General Applicability" of Article
V "Development Review Procedures" of Chapter 31 "Land Development Regulations" of
the City Code is hereby amended, to read as follows:
31-71. Procedures of General Applicability.
I I Proposed additions to existing City Code text are indicated by underline; proposed deletions from existing
City Code text are indicated by .!FilE. liIf.tigh.
Ordinance No. 2002-_
Page 2
(d) Filing of applications. The Community Development Director
shall establish application filing deadlines and a review schedule for all
applications. All applications for a development permit filed with the
Community Development Department shall be reviewed to determine
whether the application is complete.
If an application is incomplete the Community Development
Department shall notify the applicant in writing of the deficiencies. An
application for development approval may not be scheduled for public
hearing until all required information has been submitted and the required
review agencies have completed their review.
Once an application is filed. from the time of filinq of the application
until the time of preparation and distribution to the Commissioners of the
Citv Manaqer's written recommendation as part of the Commission
Aqenda item. pursuant to paraqraph (e) of this section. no applicant or
applicant representative shall contact the Citv's professional staff (other
than the City Manaqer) concerninq the application except in writinq or
except to respond to specific requests from the City's professional staff.
Section 2. City Code Amended. That Section 34-34 "Ex-Parte
Communications" of Article II "Quasi-Judicial Matters" of Chapter 34 "Planning
and Zoning" of the City Code is hereby amended, to read as follows:
Sec. 34-34. Ex-parte communications.
(a) Except as otherwise specified herein. this section is adopted to
follow the disclosure processes of F,S. 9 286.0115(1), and shall be
construed so as to be consistent therewith.
(b) Except for the specific issue which is the subiect of a pendinq
quasi-iudicial matter for which an application has been filed with the Citv
pursuant to section 34-32 of this Code. any Commissioner may choose to
discuss the merits of any matter of proposed proiect or development on
which action may be taken by the Commission with any person not
2
Ordinance No. 2002-_
Page 3
otherwise prohibited by statute, charter provision, section 34-40 or other
ordinance, if the Commissioner complies with the applicable procedures of
paraaraph (c) and (d) of this section 34-34. As to anv specific issue which
is the subiect of a pendina auasi-iudicial matter for which an application
has been filed with the Citv pursuant to section 34-32. outside of the public
hearina Commissioners are prohibited from discussina the merits of the
specific issue for which approval is souaht bY the pendina application with
anv person other than the City staff. The term "specific issue". as used in
this paraaraph. refers to the specific variance. conditional use, rezonina.
site plan. plat approval or like item for which approval is souaht. rather
than referrina to the aeneral matter. as opposed to the merits. of the
proposed proiect or development itself. Notwithstandina anv contrarv
provision of this paraaraph (b). the prohibitions of this paraaraph (b) shall
not apply to applicant conferences with the City Manaaer which are
attended bv individual Commissioners (no more than one Commissioner
at each conference) provided that the City Manaaer first finds and certifies
in writina that the application concerns a proiect of sianificant impact. and
schedules such conferences. The term "proiect of sianificant impact." as
used in this paraaraph. means a proiect which has the potential to
substantiallv enhance or substantiallv impair the public health. safetv or
welfare.
(c) Compliance with the procedures of this section 34-34 shall
remove tRe any presumption of prejudice arising from ex-parte
communication with any Commissioner.
(1) Ora/ communications. The subject of the communication and
the identity of the person, group, or entity with whom the
communication took place shall be disclosed and made a part
of the record before final action on the application. At the
quasi-judicial hearing the person or persons responsible for
the ex-parte communication, any party to the hearing and any
participant shall have the opportunity to contest the accuracy
of the matters disclosed,
(2) Written communications. Any written communication related
to an application pending before the Commission shall be
forwarded to the appropriate staff for inclusion in the official file
for the application, and shall be disclosed on the record before
final action on the matter. It shall be the responsibility of the
applicant to review the official file periodically to determine
3
Ordinance No. 2002-_
Page 4
whether written ex-parte communications have been placed in
the official file.
(3) Investigations and site visits. Exceot as orovided in oaraaraoh
(b) above, Commissioners may conduct investigations and site
visits and may receive expert opinions regarding a quasi-
judicial action pending before them, However, in anv event,
such activities shall not be presumed prejudicial to the action if
the existence and subject matter of the investigations, site
visits, or expert opinions is made a part of the record before
final action on the matter and an opportunity for the parties
and participants to respond is provided prior to or at the
hearing,
(d) Commissioners must make disclosures of their ex-parte
communications lreaardless of whether or not such ex-oarte
communications are orohibited bv oaraaraoh (b) above) before or during
the public meeting at which a vote is taken on the application to afford
persons a reasonable opportunity to refute or respond to the
communication.
Section 3. Severabilitv. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code.
It is the intention of the City Council, and
it is hereby ordained that the provisions of this Ordinance shall become and made a part of
the Code of the City of Aventura; that the sections of this Ordinance may be re-numbered
or re-Iettered to accomplish such intentions; and that the word "Ordinance" shall be
changed to "Section" or other appropriate word.
4
Ordinance No. 2002-_
Page 5
Section 5. Effective Date.
This Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner ,
who moved its adoption on first reading. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
The foregoing Ordinance was offered by Commissioner ,
who moved its adoption on second reading. The motion was seconded by
Commissioner and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED on first reading this 1st day of October, 2002.
PASSED AND ADOPTED on second reading this 12th day of November, 2002.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
5
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M, Soroka, City
DATE: August 13, 2002
SUBJECT: Ordinance Amending City Code Chapter 4 "Alcoholic Beverages" to
be Consistent With the City's Land Development Regulations
151 Reading September 3, 2002 City Commission Meeting Agenda Item ~
2nd Reading October 1, 2002 City Commission Meeting Agenda Item --.E.1i
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance amending
Chapter 4 of the City Code "Alcoholic Beverages" to update language that is
inconsistent with the City's Land Development Regulations.
BACKGROUND
The City's Alcoholic Beverage Ordinance was adopted prior to the City's Land
Development Regulations and makes references to County Zoning procedures.
The amendments are as follows:
1. The reference to "special exception" has been changed to conditional use to
be consistent with the City's Land Development Regulation procedures.
2. The zoning districts were updated to reflect the City's B1 and B2 zoning
districts.
3. References made to Chapter 33 of the Miami-Dade County Code, which
provided specific zoning district regulations concerning establishments selling
or serving alcoholic beverages, was deleted to avoid inconsistency with the
City's Land Development Regulations.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC01102-02
ORDINANCE NO. 2002-_
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CITY CODE BY AMENDING CHAPTER 4,
"ALCOHOLIC BEVERAGES," BY AMENDING
PARAGRAPH (A) "DISTANCE FROM OTHER
ESTABLISHMENTS", PARAGRAPH (B) "DISTANCE FROM
RELIGIOUS FACILITY OR SCHOOL", AND PARAGRAPH
(E) "EXCEPTIONS TO SPACING AND DISTANCE
REQUIREMENTS," OF SECTION 4-2 "LOCATION OF
ESTABLISHMENTS"; AND BY REPEALING SECTION 4-6
"ZONING DISTRICT REGULATIONS" TO CLARIFY THAT
CONDITIONAL USE IS THE APPLICABLE CRITERIA AND
TO DELETE THE OBSOLETE REFERENCE TO MIAMI-
DADE COUNTY CODE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission finds it necessary to update language contained
in Chapter 4, "Alcoholic Beverages", that is inconsistent with the City's Land Development
Regulations; and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS1:
Section 1. Recitals, That the above recitals are true and correct and incorporated
herein by this reference.
Section 2. Citv Code Amended, That Section 4-2 "Location of establishments"
of Chapter 4 "Alcoholic Beverages" of the City Code is hereby amended by amending
paragraph (a) "Distance from other establishments", paragraph (b) "Distance from religious
facility or schoof', and paragraph (e) "Exceptions to spacing and distance requirements" to
read as follows:
Sec. 4-2. Location of establishments.
(a) Distance from other establishments. Unless approved as a special
oxooption, conditional use, no premises shall be used for the sale of
any alcoholic beverages, as defined herein, to be consumed on or off
1 Underlined provisions constitute proposed additions to existing text; striskeR If:1reugh
provisions indicate proposed deletions from existing text.
Ordinance No. 2002-_
Page 2
the premises where the structure or place of business intended for
such use is located less than 1,500 feet from a place of business
having an existing, unabandoned, legally established (and not one of
the uses excepted from the spacing requirements hereinafter provided)
alcoholic beverage use which permits consumption on or off the
premises. The 1,500 feet distance requirements shall be measured by
following a straight line from the nearest portion of the structure of the
place of business.
(b) Distance from religious facility or school, Unless approved as a
special eXGeption, conditional use, no premises shall be used for the
sale of alcoholic beverages to be consumed on or off the premises
where the structure or place of business intended for such use is
located less than 2,500 feet from a religious facility or school. The
2,500 foot distance requirement shall be measured and computed as
follows:
*
*
*
(e) Exceptions to spacing and distance requirements. The restrictions and
spacing requirements set forth in subsections (a) and (b) above shall not
apply:
*
*
*
(2) Restaurants in BU I, BU 1/'. B1 and B2 Zoning Districts. To dining
rooms or restaurants located in the BY 1 or BU 1.'\ B1 and B2 Zoning
Districts and which do not comply with subparagraph (3) below, but
which comply with the requirements of such districts and serve
cooked, full course meals, daily prepared on the premises, or such
other dining rooms or restaurants in other more liberal zoning districts
complying with the requirements of the BU 1 er BU M B1 and B2
Districts and which serve cooked, full course meals, daily prepared
on the premises, providing that only a service bar is used and tHe
salo of alcoholic bev:erages are sold only to persons seated at tables.
* * *
Section 3. Section 4-6 is Repealed. That Section 4-6 "Zoning district regulations"
of Chapter 4 "Alcoholic Beverages" of the City Code is hereby repealed, which reads as
follows:
Pursuant to sestier:1 iI.QJ of the City ChaFter Ordinar:1Go No. 9715,
those l3er:tior:1s of Ghaptor JJ ef the Miami Dade County Coele 'HAich
provide specific zoning district r-o€llllations GOr:1Gerning esklblishmonts
selling or SOlVing alcoholiG l:JeveFOgos, shall continue to l:Je applicable
ir:1 the City, unless in conflist with tl=le r-ostristioAs of this ordir:1aAGe or if
othorwise provided l:Jy OFdinar:1co of tl=le City.
Ordinance No. 2002-_
Page 3
Section 4. Severabilitv. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 5. Inclusion in the Code. It is the intention of the City Commission,
and it is hereby ordained that the provisions of this Ordinance shall become and made a
part of the Code of the City of Aventura; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 6. Effective Date. This Ordinance shall be effective immediately
upon adoption at second reading.
The foregoing Ordinance was offered by Commissioner Rogers-Libert, who
moved its adoption on first reading. This motion was seconded by Commissioner
Holzberg, and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin yes
Commissioner Ken Cohen yes
Commissioner Manny Grossman yes
Commissioner Harry Holzberg yes
Commissioner Patricia Rogers-Libert yes
Vice Mayor Arthur Berger yes
Mayor Jeffrey M. Perlow yes
The foregoing Ordinance was offered by Commissioner ,
who moved its adoption on second reading. This motion was seconded by
Commissioner and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
Ordinance No. 2002-_
Page 4
PASSED on first reading this 3rd day of September, 2002.
PASSED AND ADOPTED on second reading this 1st day of October, 2002.
JEFFREY M. PERLOW , MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE: August 20,2002
TO: City Commission
FROM: Eric M. Soroka, City
SUBJECT: Proposed Amendments to Newsrack Ordinance
101 Reading September 3, 2002 City Commission Meeting Agenda Item 1A
2nd Reading October 1, 2002 City Commission Meeting Agenda Item ~
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance, which
amends Chapter 42 of the City Code relating to news racks, to incorporate revisions to
integrate the usage of City-owned news racks.
BACKGROUND
The City Commission approved as part of the Capital Improvement Program (CIP) the
installation of six City-owned news racks in addition to those provided at the various City
bus shelters. The revisions contained in the attached Ordinance implement the use of
the City-owned news racks. Based on the revisions, newspapers cannot be sold in
racks on any public areas unless they utilize the City-owned newspaper racks or City
bus shelter news rack porticos
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC01105-02
ORDINANCE NO. 2002-_
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
,
AMENDING CHAPTER 42, "STREETS, SIDEWALKS AND
OTHER PUBLIC PLACES," ARTICLE U"NEWSRACKS" OF
THE CITY CODE; AMENDING SECTION 42-32
"DEFINITIONS" TO ADD NEW DEFINITIONS FOR THE
TERMS "CITY-oWNED NEWSRACK" AND "NEWSRACK
PORTICO;" AMENDING SECTION 42.33 "PROHIBITED
NEWSRACKS" TO REQUIRE REMOVAL OF PRIVATE
NEWSRACKS ON PUBLIC PROPERTY NOT LOCATED
WITHIN A NEWSRACK PORTICO; AMENDING SECTION
42-34 "PERMIT REQUIRED" TO REQUIRE PERMITS FOR
THE USE OF CITY-oWNED NEWSRACKS; AMENDING
SECTION 42-35 "APPLICATION FOR PERMIT; APPROVAL
OF LOCATION" TO REQUIRE THAT THE LOCATION OF
THE NEWSRACK PORTICO OR CITy-oWNED
NEWS RACK BE SPECIFIED ON THE PERMIT
APPLICATION; AMENDING SECTION 42-36 "ISSUANCE
OF PERMIT; CONDITIONS; FEES" TO REQUIRE A FEE
FOR THE USE OF A CITY-oWNED NEWSRACK;
AMENDING SECTION 42-37 "INDEMNIFICATION" TO
REQUIRE INDEMNIFICATION BY PERSONS UTILIZING
CITY-OWNED NEWSRACKS; AMENDING SECTION 42.38
"IDENTIFICATION OF DISTRIBUTOR TO BE POSTED ON
NEWSRACKS" TO REQUIRE IDENTIFICATION ON
PRIVATE NEWSRACKS; AMENDING SECTION 42-39
"LOCATION, PLACEMENT AND NUMBER" TO REQUIRE
THAT PRIVATELY OWNED NEWSRACKS ON ANY
PORTION OF A PUBLIC RIGHT-OF-WAY BE PLACED IN A
NEWSRACKn PORTICO; AMENDING SECTION 42-40
"EQUIPMENT STANDARDS; ADVERTISING;
MAINTENANCE" REGARDING THE MAINTENANCE OF
PRIVATELy-oWNED NEWSRACKS; PROVIDING
PENALTIES; PROVIDING FOR ENFORCEMENT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission finds that it is in the best interest of the City to
provide Newsrack Porticos to house privately-owned news racks; and
Ordinance No. 2002-_
Page 2
WHEREAS, the City Commission finds that it is in the best interest of the City to
,
provide IJnifnrm City-owned newsracks at locations throughout the City as they will serve
to promote the health, safety and welfare of the citizens of Aventura, as well as the
aesthetics of the City.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:1
Section 1. Recitals The above recitals are true and correct and incorporated
herein by this reference.
Section 2 Section 42-32 "Definitions" of Article II, "Newsracks" of Chapter 42
"Streets, Sidewalks and Other Public Places" of the City Code is hereby amended to read
as follows:
Sec, 42-32. Definitions.
The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
* * * *
City-owned New.<:rF(ck me;:lns ;:I newsr;:lck prnvirlerl by the City fnr the
rlispl;:lY ;:Inri s;:lle of newsp;:lpers ;:Inri other periorlic;:lls,
* * * *
NewSffick Portico me;:lns ;:I stnlctllre provirlerl hy the City ;:It blls bench
loc;:ltions fnr the pl;:lcement of no mnre than five (5) priv;:ltely-ownerl
newsmcks,
1/ Proposed additions to existing City Code text are indicated by lInnp.rlinp.; proposed
deletions of existing text are indicated by .hikdl"vu191.
2
Ordinance No. 2002-_
Page 3
Section 3 Section 42-33 "Prohibited newsracks" of Article II, "Newsracks" of
Chapter 42 "Streets, Sidewalks and Other Public Places" of the C'ity Code is hereby
amended to read as follows:
Sec. 42-33. Prohibited newsracks.
(a) No person shall install, use, or maintain any priV::ltA newsrack which
projects onto, into, or which rests, wholly or in part, upon the roadway of any
public street.
(b) No person shall install, use, or maintain any priv::ltA newsrack which
in whole or in part rests upon, in or over any public sidewalk, right-of-way or
parkway IJnIA~~ thA nAw~rRck i~ pl::lCArt within ::l NAw~r::lck Portico provirtArt
hy thA City
(1 )
(2)
(3)
(4)
(5)
Section 4
..hen such installation, use, or maintenance endanger~ the
safety of persons or property;
when such site or location is used for public utility purposes,
public tr-ansl'ortation I'urposcs, or other gOvernmental use,
...hen such Ne..srack unreasonably interferes ..ith or impedes
the flo... of pedestrian or '"ehicular traffic, including parked or
stopped 'Vehicles; the ingress in or egress from any residence
or place of business, the use of poles, I'osts, traffic signs or
signals, hydrants, mailboxes, or other objects pern ,itted at or
near said location;
hhen such Newsrack interferes with the cleaning of any
sidewalk by the use of mechanical side..alk cleaning
machinery; or
in any manner inconsistent Nith or in "iolation of the
provisions of this Ordinance,
Section 42-34 "Permit required" of Article II, "Newsracks" of Chapter
42 "Streets, Sidewalks and Other Public Places" of the City Code is hereby amended to
read as follows:
3
Ordinance No. 2002-_
Page 4
Sec. 42-34. Permit required.
,
It shall be unlawful for any person, firm or corporation to erect, place,
maintain or operate, on any public street or sidewalk, or in any other public
way or place in the City any priV;:ltP. news rack without first having obtained a
permit from the City Manager specifying the exact location of such
newsrack. It sh;:lll hp. IInl;:lwflJI for ;:lny pp.rson firm or corpor;:ltion to utili7p. ;:l
City-ownp.n Np.wsr;:lck or Np.wsr;:lck Portico witholJt first h;:lving oht;:linp.n ;:l
pp.rmit from thp. City M;:ln;:lgp.r One permit may be issued to include any
number of newsracks, and shall be signed by the applicant.
SAction 5 Section 42-35 "Application for permit; approval of location" of Article
II, "Newsracks" of Chapter 42 "Streets, Sidewalks and Other Public Places" of the City
Code is hereby amended to read as follows:
Sec. 42-35. Application for permit; approval of location.
(a) Application for a newsrack permit shall be made in writing to the
City Manager upon such form as shall be provided by him, and
shall contain the name, address, and phone number of the
applicant and shall be signed by the applicant. Thp. ;:lpplic;:ltion
sh;:lll furthp.r spP.r.ify thp. loc;:ltion of thp. Np.wsr;:lck Portico for thp.
priv;:ltp. np.wsr;:lck or thp. loc;:ltion of thp. City-ownp.n Np.wsr;:lck
SAr.tinn 6 Section 42-36 "Issuance of permit; conditions; fees" of Article II,
"Newsracks" of Chapter 42"Streets, Sidewalks and Other Public Places" of the City Code
is hereby amended to read as follows:
Sec, 42-36. Issuance of permit; conditions; fees.
Permits shall be issued for the installation of a priv;:ltp. news rack or
newsracks "ithout prior inspection of the location, but such ne"sracks a1
Np.wsr;:lck Porticos or for thp. liSP. of ;:l City-ownp.d Np.wsr;:lck and the
installation, use or maintenance thereof shall be conditioned upon
observance of the provisions of this article. Permits shall be issued within
4
Ordinance No. 2002-_
Page 5
five (5) days (excluding Saturdays, Sunday and legal holidays) after the
application has been filed. A one-time permit fee of $25,00 shall be
required fer each newspaper publisher plus $10.00 per priv;:Ite newsrack or
hox ;:It ;:I City-owned Newsr;:lr.k. The above fees will be used to. defray
administrative expenses with relation to this article.
Sectinn 7 Section 42-37 "Indemnification" of Article II, "Newsracks" of Chapter 42
"Streets, Sidewalks and Other Public Places" of the City Code is hereby amended to read
as follows:
Sec. 42-37. Indemnification,
Every owner of a newsrack who places or maintains a priv;:Ite newsrack on
a public side..alk or park..a) in the City ;:It ;:I Newsr;:lr.k Portir.o or ;:Iny
person who utili7es a City-owned Newsr;:lr.k shall file a written statement
with the City Manager in a form satisfactory to the City Attorney, whereby
such owner or person agrees to indemnify and hold harmless the City, its
officers, and employees, from any loss, liability, or damage, including
expenses and costs, for bodily or personal injury, and for property damage
sustained by any person as a result of the installation, use and/er
maintenance of a priv;:Ite newsrack at a Newsr;:lr.k Portir.o or sur.h person's
use of ;:I City-owned newsr;:lr.k within the City. This paragraph shall only be
applicable to the same extent required by City for other public right-of-way
permittees.
Sectinn 8 Section 42-38 "Identification of distributor to be posted on newsracks"
of Article II, "Newsracks" of Chapter 42 "Streets, Sidewalks and Other Public Places" of
the City Code is hereby amended to read as follows:
Sec. 42-38. Identification of distributor to be posted on newsracks.
Every person who places or maintains a priv;:Ite newsrack Oil the streets of
the City ;:It ;:I Newsr;:lr.k Portir.o ;:Ind every person who utili7es spar.e in a
City-owned Newsr;:lr.k shall have his permit number, name, address, and
telephone number affixed to the newsrack in a place where such
information may be easily seen. Prior to the designation of location by the
5
Ordinance No. 2002-_
Page 6
City under Section 42-39, the Distributor shall present evidence of
compliance with this section.
S..r:tinn Q
Section 42-39 "Location, placement and number of Article II,
"Newsracks" of Chapter 42 "Streets, Sidewalks and Other Public Places" of the City Code
is hereby amended to read as follows:
Sec, 42-39, Location, placement and number.
(a) Any privFlte newsrack which rests in whole or in part upon, or on any
portion of a public right-of-way or which projects onto, into, or over
any part of a public right-of-way shall be plFl~en in FI Newsril~k
Porti~o provinen hy the City Finn shFlII fllrther ~omply laGated in
aGcarelance with the following provisions of this section:
(1) No privFlte newsrack shall be used or maintained which
projects onto, into or over any part of the roadway of any
public street, or which rests, wholly or in part upon, along or
over any portion of the roadway of any public street.
(2) No privFlte newsrack shall be chained, bolted, or otherwise
attached to any NewsrFl~k Porti~o City-own en NewsrFl~k or to
Flny other fixture located in the public right-of-way, except to
other newsracks IO~Flten within FI Newsril~k Portir.o
(3) Newsracks may be placed next to each other within FI
NewsrFl~k Portim, provided that no group of news racks shall
for a distance of mare than eight feet along a curb, and a
space af nat less tnan tnree fee separate eacn group of
news racks extenn heyonn the NewsrFl~k Porti~o or ohstrllr.t
FI~~ess to Flnother newsrFl~k within the Newsril~k Porti~o.
(4) Na ne',.srack snail be placed, installed, used ar maintained:
(i) Within five (5) feet af any marked cross....alk.
(ii) Within fifteen (15) feet of the curb return of any unn,arl(ed
crosswalk.
6
Ordinance No. 2002-_
Page 7
(iii) Within ten (10) feet of any fire hydrant, fire cflll box, police
call box or other emergency facility.
(i.') Within ten (10) feet of any dri.e.vay.
('v') 'J'litliin fi.e (5) ft:et of any bus bench or ell.terior of a bus shelter.
('Vi) Within t;,enty fi'v'e (25) feet of any bus bench or bus
shelter .,hen the space is available behind such bus
bench or bus shelter.
('.ii) At any location ;;hereby the clear space for the
passageway of pedestrians is redueed to less than five (5)
feet:-
('viii) 'Nithin three (3) feet of or on ani public area impr<Hed
"ith la"n, flo"ers, shrubs, trees or other landscaping, or
,vithin threc (3) feet of any display '...'indo.... of any building
abutting the side;,alk or parkway or in such a manner as
to impede or interfere with the reasonable use of such
window for display purposes. Noovithstanding this
paragraph viii, a ne"srack may be placed on a s,vale area
if set back from the road a distance of at least % of the
width of the swale and positioned at a location wliich is at
the furthest possible distance from the road.
(ix) Within one hundred (100) feet of any other newsrack 01'1
the san,e side of the street in the same block containing
only the same issue or edition of the same publication.
(x) On any access ramp for disabled persons.
(xi) Upon any s'o,'ale area, unless permission to place the
nev.-srack 01'1 equivalent space 01'1 adjacent private
property, in lieu of the s"ale area, is sOl:Jght by the
Distributor and not recei'v'ed from the property o',vner.
(5) ~Jo more than six (6) ne',"sracks COvering or extending more than a
total of 192 lineal inches shall be located on any public right of way
7
Ordinance No, 2002-_
Page 8
"ithil'l a spaee of t\vo hUl'ldred (200) feet il'l al'lY directiol'l ,;ithil'l the
same block of the same street; prer....ideo, however, that 1'10 more thal'l
,
t\velve (12) MWSl'8cks shall be allo'.ved 01'1 al'l) OM block.
(b) The City Manager shall be guided by the following criteria of priorities in
issuing permits whenever more than five (5) six (6) newsracks are proposed
for anyone City-owned New!':rl'lr.k or New!':rl'lr.k Portir.o location: {two-
hundred [200] foot s!,ace) or more thal'l t';iel'v'e (12) ne"sl'8cks are
proposed for any ol'le block:
(1) First priority shall be daily publications (published five (5) or
more days per week).
(2) Second priority shall be publications published two (2) to four
(4) days per week.
(3) Third priority shall be publications published one (1) day per week.
(4) Fourth priority shall be publications published less than one (1) day
per week.
Section 10 Section 42-40 "Equipment standards; advertising; maintenance" of
Article II, "Newsracks" of Chapter 42 "Streets, Sidewalks and Other Public Places" of the
City Code is hereby amended to read as follows:
Sec, 42-40, Equipment standards; advertising; maintenance.
Any privl'ltA newsrack which il'l ,,'hole or in !,art re3t3 upon, il'l or o.....er any public
sidewalk or park..ay, is lor.l'lted within any NAw!':mr.k Portir.o shall comply with the
following standards:
A. Maximum size; external attachments. No newsrack shall exceed five (5)
feet in height, thirty-two (32) inches in width, or two (2) feet in thickness.
Additionally, no such newsrack shall have any external fixtures,
attachments or other devices which provide or display additional
publications.
B. Advertising. No newsrack shall be used for advertising signs or
8
Ordinance No. 2002-_
Page 9
publicity purposes other than that dealing with the display, sale, or
purchase of the newspaper or news periodical sold therein.
,
C. Coin-retum mechanism. Each coin-operated newsrack shall be
equipped with a coin-return mechanism to permit a person using the
machine to secure an immediate refund in the event the person is
unable to receive the paid-for publication. The coin-return
mechanism shall be maintained in good working order.
D. Information to be posted on newsracks. Each newsrack shall have
affixed to it in a readily visible place so as to be seen by anyone
using the newsrack, a notice setting forth the name and address of
the Distributor and the telephone number of a working telephone
service to call to report a malfunction, or to secure a refund in the
event of a malfunction of the coin-return mechanism or to give the
notices provided for in this section.
E. Maintenance, Each priv~tp. newsrack shall be maintained by the
Distributor in a neat and clean condition and in good repair at all
times. Specifically, but without limiting the generality of the
foregoing, each priv~tp. newsrack shall be serviced and maintained
so that:
(1) It is reasonably free of dirt and grease;
(2) It is reasonably free of chipped, faded, peeling and cracked
paint in the visible painted areas thereof;
(3) It is reasonably free of rust and corrosion in the visible
unpainted metal areas thereon;
(4) The clear plastic or glass parts thereof, if any, through which
the publications therein are viewed are unbroken and
reasonably free of cracks, dents, blemishes and discoloration;
(5) The paper or cardboard parts or inserts thereof are reasonably free
of tears, peeling or fading; and
(6) The structural parts thereof are not broken or unduly misshapen.
9
Ordinance No. 2002-_
Page 10
SAdinn 11 RAmnval Of PrivatAly-OwnAd NAw~rar.k~/Enfnrr.AmAnt All
,
privately owned newsracks not located within a Newsrack Portico and which in whole or in
part rest upon, in, or over any public sidewalk, right-of-way, or parkway pursuant to a
permit previously issued by the City shall be removed by the owner by no later than ninety
(90) days after the effective date of this Ordinance.
SAdion 12 PAnalty.
Each violation of this Ordinance shall subject the
newsrack owner or Distributor to a fine of $500.00 or imprisonment in the county jailor
both. Each day that a violation continues shall be deemed a separate violation. Nothing
herein shall prohibit the City from enforcing its Code by any other means including, but
not limited to, any enforcement provisions provided in Chapter 162, Florida Statutes, or a
civil action for appropriate relief in a court of competent jurisdiction.
SAdinn 13. SAvArability_ The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
SAr.tinn 14 Indll~inn in thA CndA It is the intention of the City Commission,
and it is hereby ordained that the provisions of this Ordinance shall become and made
a part of the Code of the City of Aventura; that the sections of this Ordinance may be
10
Ordinance No. 2002-_
Page 11
renumbered or relettered to accomplish such intention; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
SA~tinn 15. EffA~tivA n::atA.
This Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner Rogers-Libert, who
moved its adoption on first reading. This motion was seconded by Commissioner
Cohen and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin yes
Commissioner Ken Cohen yes
Commissioner Manny Grossman yes
Commissioner Harry Holzberg yes
Commissioner Patricia Rogers-Libert yes
Vice Mayor Arthur Berger yes
Mayor Jeffrey M, Perlow yes
The foregoing Ordinance was offered by Commissioner
who moved its adoption on second reading. This motion was seconded by
Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED on first reading this 3'd day of September, 2002.
11
,----
Ordinance No. 2002-_
Page 12
PASSED AND ADOPTED on second reading this 1st day of October, 2002,
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, cMc,
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
12
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
O.V, FERBEYRE, who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement
being a Legal Advertisement of Notice in the matter of '
CITY OF AVENTURA - PROPOSED ORDINANCE -10/1/02
ORD. AMENDING CHAPTER 4, ETC.
in the XXXX Court,
was published in said newspaper in the issues of
09/09/2002
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
her~tofore 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 disc.oun.7;' .reb ,com mi' r refund for the purpose
of secunng thl dve is t for p blication in the said
iievvspaper.
(SEAL)
a.v. FERBEYR
"'_'>r!"-~~-'~)
""-,~~-;-;~ 'I noS'"
e~~~iJiIiY known tilM\~~\,i'# CC 88564Q \1
h~""-:~';'-- ~^'i CO~f,M\~~,0', '20'" \
~."'. ' . +<"':. I .,...., ~ "l.\' V"t
\=": ~~ :<: F ;ZPIP.'c;o', \\,a~~~:;_llnder""\~" \
~@~~~~,~~:~~~~_J
-"..,.,~
~
\
\
\
i
~ ~
\ '/
~ \~ " /~,,:/ r'-,
EO - -
Q~ -~j E;Ce ,)" J'
CITY OF AVENTURA
PUBLIC NOTICE OF PROPOSED ORDINANCE
NOTICE IS HEREBY GIVEN that on Tuesday, the 1st day of October,
2002, at a meeting of the City Commission of the City of Aventura, to be
'held at 6:00 p.m. in the Commission Chamber at Aventura 'Government
Center, 19200 West Country Club Drive, Aventura, Florida, the City Com-
mission will consider the adoption 01 the following Ordinances on second
reading, entitled:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CITY CODE BY AMENDING CHAPTER 4,
"ALCOHOLIC BEVERAGES," BY AMENDING PARAGRAPH
(A) "DISTANCE FROM OTHER ESTABLISHMENTS", PARA-
GRAPH (B) "DI!),.~NCE FROM RELU310US FACILITY OR_
SCHOOL", AND PARAGRAPFr(E) "EXCEPTIONS TO SPAC-
ING AND DISTANCE REQUIREMENTS," OF SECTION 4-2
"LOCATION OF ESTABLISHMENTS"; AND BY REPEALING
SECTION 4-6 "ZONING DISTRICT REGULATIONS" TO
CLARIFY THAT CONDITIONAL USE IS THE APPLICABLE
CRITERIA AND TO DELETE THE OBSOLETE REFERENCE
TO MIAMI-DADE COUNTY CODE; PROVIDING FOR SEVER-
ABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE,
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING CHAPTER 42, "STREETS, SIDEWALKS AND
OTHER PUBLIC PLACES," ARTICLE II "NEWSRACKS" OF
THE CITY CODE; AMENDING SECTION 42.32
"DEFINITIONS" TO ADD NEW DEFINITIONS FOR THE
TERMS "CITY-OWNED NEWSRACK" AND "NEWSRACK
PORTICO;" AMENDING SECTION 42-33 "PROHIBITED
NEWSRACKS" TO REQUIRE REMOVAL OF PRIVATE
NEWSRACKS ON PUBLIC PROPERTY NOT LOCATED
WITHIN A NEWS RACK PORTICO; AMENDING SECTION 42-
34 "PERMIT REQUIRED" TO REQUIRE PERMITS FOR THE
USE OF CITY-OWNED NEWSRACKS; AMENDING SECTION
42-35 "APPLICATION FOR PERMIT; APPROVAL OF LOCA-
TION" TO REQUIRE THAT THE LOCATION OF THE NEWS-
RACK PORTICO OR CITY-OWNED NEWSRACK BE SPECI-
FIED ON THE PERMIT APPLICATION; AMENDING SECTION
42-36 "ISSUANCE OF PERMIT; CONDITIONS; FEES" TO RE-
QUIRE A FEE FOR THE USE OF A CITY-OWNED NEWS-
RACK; AMENDING SECTION 42-37 "INDEMNIFICATION" TO
REQUIRE INDEMNIFICATION BY PERSONS UTILIZING
CITY-OWNED NEWSRACKS; AMENDING SECTION 42-38
"IDENTIFICATION OF DISTRIBUTOR TO BE POSTED ON
NEWSRACKS" TO REQUIRE IDENTIFICATION ON PRIVATE
NEWSRACKS; AMENDING SECTION 42-39 "LOCATION,
PLACf:MENT AND NUMBER" TO REQUIRE THAT PRIVATE-
LY OWNED NEWSRACKS ON ANY PORTION OF A PUBLIC
RIGHT-OF-WAY BE PLACED IN A NEWSRACK PORTICO;
AMENDING SECTION 42-40 "EQUIPMENT STANDARDS;
ADVERTISING; MAINTENANCE" REGARDING THE MAINTE-
NANCE OF PRIVATELY-OWNED NEWSRACKS; PROVIDING
PENALTIES; PROVIDING FOR ENFORCEMENT; PROVID-
ING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE,
The proposed Ordinances may be inspected by the publlc at the Office
of the City Clerk, 19200 West Country Club Drive, Aventura, Florida. In-
terested parties may appear at the Public Hearing and be heard with re-
spect to the proposed Ordinances, Any person wishing to address the
cily Commission on any item at this Public Hearing may do so after the
Mayor opens the public hearing.
In accordance with the Americans with Disabilities Act of 1990, all per-
sons who are disabled and who need special accommodations to partici-
pate in this proceeding because of that disability should contact the Office
of the City Clerk, 305-466-8901, not later than two business days prior to
such proceedings.
If a person decides to appeal any decision made by the City Commis-
sion with respect to any matter considered at a meeting or hearing, that
person will need a record of the proceedings and, for such purpose, mal
need to ensure that a verbatim record 01 the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to
be based.
Teresa M. Soroka, cMC City Clerk
02-4-01/295530M
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
O,V, FERBEYRE, who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA - PUBLIC HEARING 10/1/02
APPLICATION NO. 06-VAR-01 REV
in the XXXX Court,
was published in said newspaper in the issues of
09/20/2002
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, reb te, commission or refund for the purpose
of securing thi dve' ment r publication in the said
neWSe31JAr.
=~:~=:infi~~ :i~d~i~;t~~'r;~~;~;~~~;~~~;;'J
_!:>';f;.;:%"(',-j;-~.::::t"_~ ;.~-~c;.~
,_."'" ,
Appllcatl~n Number:t)6..VAFt~Q1REV '.
location Of '
Subject Property:
Legal Description:
, .. -. -
~, ',' '.', . '.
, 17~BiSca.yt'le Bouleva~
Lots~:and1 0 Qf .~l:I\IJe~1 ~Ylf'lduS"~
trial Sites., according to the plaftf\e;:eOf as re-j
COfded ,in Book. 46, P.S5,pfc~~ Publici
Records Of Miami-Dade County,Ft0ri4lesst~1
east 33, 75 feet thereof dedicated(qr.~.i~
Size of
Subject Property: l:t3:1~~cres '" C3;<;" ' ,-.')
- - t.", ;'c' _ _ ,',' ,_:
a~:~~~iS~~~:l
The Public Heartng WiltteheldatCity Of Ailentura Govemi'nerlt center; I
19200 West Couniry CIQ(:(briI&,Ayelllura, Florida 331,80. YOI,If com-.'
ments may be made in ~aftf1ili8lllii'lg'Orfiled in ~"1het
hearing date. RelertGapplical)t/propertyon .corresponQeQce and mail~
, same to City of AventontGovemmenrcetitet, Community OilWe1opment ;
Department, 19200 West tpunW Club Drive, Avent!lra, F~33180)
ForlLlriherinforrhatiOri~i>I.tliJt(305}466--8940: '.."q,. -, -;,";~' :
_ _ ,'.--: - :":<T _ ,',_;L,u,,-:0,,~ ;<:i_;.;',::~;t!:51-i _'c,:~-;F---~
In accordance with the Americans With Disabilities Act Of 1990, all per"'
sons Who are dlQbledaJif'Who ffeedspecf81 ~~W'partfci-'
pate in this proceeding b6cause of that_disability should contact the Office:
of the City Clerk, 466-8901, not later than two bl,Jsine5$ daYs prior'to such
proceedings,
l'\."-" ,'<;,:'\
If a person decidestQ'~l!wy-de~~W~bY ~ City COmrrHs"'
sion with respect loan~~,~::eta rileetlngO(~, that
Person will need a record Of the.proc;eedingsandtSorsuch purpose, may
need to ensure that a verbatim reeord df~isll)ade. whictn
l'eC9[d incIljCles the !El~y and ~~ .~..!b,e~, is to'
be based,"~- ',-, '., . ..':
tTer.esa M;~ CMC_~CIerk
9/20 02~3-6&'2992'45M