12-16-1997 CC Meeting Agenda
City of A ventura
Citv Council
Arthur I. Suyder, Mayor
Jay R. Beskin, Vice Mayor
Arthnr Berger
Ken Cohen
Harry Holzherg
Jeffrey M. Perlow
Patricia Rogers-Libert
Citv Manaller
Eric M. Soroka
Citv Clerk
Teresa M. Smith
Citv Attornev
Weiss Serota & Helfman
AGENDA
Council Meeting
December 16, 1997 6:00 P.M.
Columbia A ventura Medical Arts Building
21110 Biscayne Boulevard Suite 101
Aventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ZONING HEARINGS - SPECIALLY SET BY COUNCIL FOR 6 P.M.
QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the
following items on the Council's agenda are quasi-judicial in nature. If you wish
to object or comment upon these items, please indicate the item number you
would like to address when the announcement regarding the quasi-judicial item is
made. You must be swom before addressing the Council, and if you wish to
address the Council, you may be subject to cross-examination. If you refuse to
submit to cross-examination, the Council will not consider what you have said in
its final deliberations.
DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS PURSUANT TO ORDINANCE 96-09
A. APPLICANT: IRA SEGAL FOR A VENTURA SHOPS, INe.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF A VENTURA, FLORIDA; GRANTING
APPROVAL OF ~LT~TENANT CENTER SIGN
GRAPHICS FOR FA<;ADE SIGNAGE FOR
December 16, 1997 Council Meeting
PROPERTY LOCATED AT 3001-3025 AVENTURA
BOULEVARD; PROVIDING AN EFFECTIVE DATE.
B. APPLICANT: ROBERT LANSBURGH
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF A VENTURA, FLORIDA, GRANTING A
SIGN VARIANCE TO PERMIT ONE (1) WALL
SIGN, NO GREATER THAN 90 SQUARE FEET,
WHERE NO WALL SIGNS ARE PERMITTED ON
THE PROPERTY LOCATED AT 2940 NE 188TH
STREET; PROVIDING FOR AN EFFECTIVE DATE.
C. APPLICANT: COSCAN WATERWAYS, INC.
D. MOTION TO APPROVE REQUEST BY
DUMBFOUNDLING BAY, LTD. FOR WAIVER
FROM MORATORlllM, SUBJECT TO
CONDITIONS AS OUTLINED IN CITY
MANAGER'S MEMORANDUM DATED
DECEMBER 8, 1997
E. MOTION TO APPROVE REQUEST BY HAPPINESS,
INC. FOR WAIVER FROM MORATORIUM,
SUBJECT TO CONDITIONS AS OUTLINED IN
CITY MANAGER'S MEMORANDUM DATED
DECEMBER 8, 1997
F. MOTION TO APPROVE REQUEST BY GEORGE
ARANDA FOR WAIVER FROM MORATORIUM,
SUBJECT TO CONDITIONS AS OUTLINED IN
CITY MANAGER'S MEMORANDUM DATED
DECEMBER 9, 1997
4. APPROVAL OF MINUTES: Council Meeting
November 18, 1997
5. AGENDA: Request for DeletionslEmergency Additions
6. SPECIAL PRESENTATIONS: None
7. CONSENT AGENDA
A. AN ORDINANCE OF THE CITY OF A VENTURA,
FLORIDA ADOPTING AND ENACTING A CITY
2
December 16, 1997 Council Meeting
CODE FOR THE CITY OF A VENTURA;
PROVIDING FOR GENERAL PROVISIONS;
ADMINISTRATION; ANIMALS; BUILDINGS AND
BUILDING REGULATIONS; BUSINESS
REGULATIONS; LICENSES AND PERMITS;
CABLE COMMUNICATIONS; ELECTIONS;
ENVIRONMENT; PLANNING AND ZONING; SOLID
WASTE; STREETS, SIDEWALKS AND OTHER
PUBLIC PLACES; PROVIDING FOR PENALTY
FOR VIOLATION; PROVIDING FOR THE
MANNER OF AMENDING SUCH CODE;
PROVIDING FOR WHEN SUCH CODE AND THIS
ORDINANCE SHALL BECOME EFFECTIVE.
(provides for adoption of City Code)
B. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF A VENTURA, FLORIDA AUTHORIZING
THE CITY MANAGER TO EXECUTE THE
ATTACHED TRAFFIC CONTROL JURISDICTION
AGREEMENT BETWEEN THE CORONADO
CONDOMINIUM ASSOCIATION, INe. AND THE
CITY OF A VENTURA; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
(provides traffic control jurisdiction by the Police
Department over private roads within Coronado
Condominium)
C. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF A VENTURA, FLORIDA, AUTHORIZING
AND SUPPORTING GRANT FUNDING
ASSISTANCE FROM THE METROPOLITAN
PLANNING ORGANIZATION IN THE SUM OF
$24,000.00 FOR THE EXECUTION OF THE
MUNICIPAL PUBLIC TRANSIT STUDY AS
DESCRIBED IN EXHIBIT "A"; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
(Accepts grant funds for transportation study to determine
most effective and efficient method of providing municipal
public transit services through a mini-bus system)
3
December 16,1997 Council Meeting
D. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF A VENTURA, FLORIDA AUTHORIZING
THE CITY MANAGER, ON BEHALF OF THE CITY,
TO ENTER INTO AN AGREEMENT WITH
TRANSPORT ANALYSIS PROFESSIONALS, INe.
TO CONDUCT A TRAFFIC OPERATIONS STUDY;
AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS
OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
(Authorizes traffic operations study to be performed to
address short-term solutions to traffic congestion at
Biscayne Boulevard and Ives Dairy Road prior to
improvement project)
E. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF A VENTURA, FLORIDA, EXPRESSING
OPPOSITION TO S 1256, THE CITIZENS ACCESS
TO JUSTICE ACT OF 1997, AS PRESENTLY UNDER
CONSIDERATION BY THE UNITED STATES
SENATE; AND PROVIDING AN EFFECTIVE DATE.
(Opposes passage of legislation which would allow
developers to file suit in federal court before exhausting
local administrative remedies or state court actions for
property takings)
F. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF A VENTURA, FLORIDA, APPROVING
THE APPOINTMENT OF MEMBERS TO THE CITY
OF AVENTURA BEAUTIFICATION ADVISORY
BOARD; AND PROVIDING AN EFFECTIVE DATE.
(Provides for re-appointment of members to the
Beautification Advisory Board)
G. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF A VENTURA, FLORIDA AUTHORIZING
THE CITY MANAGER TO EXECUTE THE
ATTACHED AGREEMENT FOR CONSULTING
SERVICES FOR DESIGN AND CONSTRUCTION
ADMINISTRATION OF THE GOVERNMENT
CENTER, POLICE FACILITY AND CULTURAL
CENTER, AS SET FORTH IN RFQ 97-9-24-2;
AUTHORIZING THE CITY MANAGER TO DO ALL
4
December 16, 1997 Council Meeting
THINGS NECESSARY TO CARRY OUT THE AIMS
OF THIS RESOLUTION: AND PROVIDING AN
EFFECTIVE DATE.
(Authorizes City Manager to execute agreement for
architectural services for the design of Government Center,
Police Facility and Cultural Center)
H. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF A VENTURA, FLORIDA, ACCEPTING
DEDICATION OF RIGHT-OF-WAY PURSUANT TO
DEVELOPMENT AGREEMENT BElWEEN THE
CITY OF A VENTURA AND A VENTURA COMMONS
ASSOCIATES LTD. AND TRAFALGAR ASSOCIATES
OF A VENTURA LTD.: PROVIDING FOR EFFECTIVE
DATE.
(Accepts dedication ofNE 213th Street right-of-way)
8. PUBLIC HEARINGS: ORDINANCES - SECOND READING
AN ORDINANCE OF THE CITY OF A VENTURA,
FLORIDA: PROVIDING FOR AMENDMENT OF THE
CITY CHARTER BY AMENDING SECTION 2.02
"MAYOR AND VICE MAYOR", TO PROVIDE FOR
SEMI-ANNUAL APPOINTMENT OF VICE MAYOR;
AMENDING SECTION 2.05 "VACANCIES:
FORFEITURE OF OFFICE: FILLING OF
VACANCIES" BY AMENDING SUBSECTION (C)
"FILLING OF VACANCIES" TO REVISE
PROCEDURE FOR FILLING VACANCY IN OFFICE
OF MAYOR AND COUNCILMEMBERS, REVISING
PROVISION WHICH PROVIDED FOR VICE MAYOR
TO FILL VACANCY IN THE OFFICE OF MAYOR;
AMENDING SECTION 3.05 "BOND OF CITY
MANAGER" TO PROVIDE THAT CITY COUNCIL
MAY BY ORDINANCE REQUIRE CITY MANAGER
TO FURNISH A FIDELITY BOND: AMENDING
SECTION 5.01 "ELECTIONS" TO REVISE DATE OF
ELECTION FOR MAYOR AND COUNCIL, DATE OF
COMMENCEMENT OF TERMS, AND TO EXTEND
CURRENT TERM OF OFFICE: AMENDING
SECTION 8.07 "INITIAL ELECTION OF COUNCIL
AND MAYOR" TO CONFORM TO AMENDMENT OF
SECTION 5.01: AMENDING SECTION 7.03
"CONFLICTS OF INTEREST: ETHICAL
5
December 16, 1997 Council Meeting
STANDARDS" TO ENABLE CITY COUNCIL TO
ADOPT ADDmONAL CODE OF ETHICS
REQUIREMENTS; AMENDING CHARTER BY
CHANGING THE DESIGNATION OF THE CITY
"COUNCIL" TO THE CITY "COMMISSION" AND
SUBSTITUTING FOR THE TERM
"COUNCILMEMBER" THE DESIGNATION
"COMMISSIONER", AMENDING ALL SECTIONS OF
THE CHARTER IN CONFORMITY THEREWITH;
PROVIDING REQUISITE BALLOT LANGUAGE FOR
SUBMISSION TO ELECTORS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CHARTER; PROVIDING FOR ADOPTION OF
ENABLING RESOLUTION; AND PROVIDING FOR
AN EFFECTIVE DATE.
9. RESOLUTIONS: None
1 O. OTHER BUSINESS:
RECONSIDERATION OF WATERWAYS
MARINA REQUEST FOR CLASS I PERMIT
RESORT
11. REPORTS
12. PUBLIC COMMENTS
13. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS:
COUNCIL MEETING
COUNCIL WORKSHOP
COUNCIL MEETING
January 6,1998
January 12, 1998
January 20,1998
6 p.m.
9a.m.*
6 p.m.
*Government Center 2999 NE 191'" Street Suite 500
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
acconnnodations to participate in this meding because of that disability should cmtad the Office of the City Clerk. 466-8901, not laterthantwo days
prior to sum proceeding.
Anyone wishingto appeal any decision made by the Aventura City Comcil with respect to any matter considered at such meeting or hearing will need
a record of the proceedings and, for sudt purpose, may need to ensure that a verbatim record of the proceedings is made, whidt record includes the
testimony and evidence upon whiclt the appeal is to be based.
Agwda items may be vie\Ved at the Office of the City Clerk, City of Aventura Govemmmt Center, 2999 NE 191'* Street, Suite 500, Aventura,
Florida, 33180. Anyone wishing to obtain a copy of any agwda item should contact the City Clerk at 466-8901.
6
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM: Eric M. Soroka, City
BY: r of Community Development _ '~
DATE: December 10,1997
TO: City Council
SUBJECT: Aventura Shops, Inc. Request for Multi-Tenant Center Sign Graphics
approval for facade signage. (01-MTC-97)
December 16, 1997 City Council Meeting Agenda Item 3- A
On October 21, 1997, the applicant appeared before the City Council to request approval
of a Multi-Tenant Center Sign package. The item was continued for further discussion at
a Council workshop held on November 10, 1997. As a result of the workshop discussion,
the applicant has revised and resubmitted a Uniform Sign Graphics Criteria for Fagade
Sign for a Multi-Tenant Center. This report reflects and addresses those most recent
revisions.
THE REQUEST
The applicant, Aventura Shops, Inc., is requesting approval for Multi-Tenant Center Sign
Graphics for facade signage.
BACKGROUND
OWNER: Lawrence P. Puckett Jr., Trustee
APPLICANT: Ira Segal for Aventura Shops, Inc.
ADDRESS OF PROPERTY: Aventura Shops
3001 - 3025 Aventura Boulevard
EXISTING ZONING: BU-2, Special Business District
FUTURE LAND USE DESIGNATION: Business and Office
ANALYSIS
Community Development Department Analysis - The Community Development
Department is supportive ofthis application.
Ordinance No. 97-17 (Sign Code), Section 9. Supplemental ReQulations reads as follows:
a) Multi-tenant Center Sign graphics criteria.
The Owner of a Multi-tenant, or their authorized representative, may choose to comply
with the standards for Nonresidential District Signs or alternatively, apply for approval as
a Multi-tenant Center as described below.
1) The owner of a Multi-tenant Center shall submit to the City Manager a written
statement of the uniform Sign graphics criteria for the Multi-tenant Center (the
"Criteria"). The City Manager shall review the Criteria, make a recommendation
and submit the Criteria, along with the recommendation to the City Council, for
final approval. Once the Criteria have been approved, they shall apply to the
entire Multi-tenant Center, as well as to each individual occupant, and shall
remain in effect for so long as the Multi-tenant Center exists, regardless of a
change in ownership or management, unless and until the owner obtains
approval to amend the Criteria from the City Council. The Criteria for each
Multi-tenant Center shall include, but not be limited to, color(s), type of Signs,
style of letters, size of letters (maximum or minimum) and size of Signs.
2) An application to erect any Sign for any portion of a Multi-tenant Center shall
include and comply with the Criteria established for the Multi-tenant Center, a
sketch of the proposed Sign and the written consent of the owner of the Multi-
tenant Center for the proposed Sign.
Specifically, the applicant proposes the following: (See Exhibit #1)
1) Proposal: Landlord's approval shall be required of Tenant's design, materials and the
location on the fayade.
Analysis: At this time, approval is only required in the form of the owner of the
property's signature on the sign permit application. Therefore, Landlord's approval
exceeds code requirement.
2) Proposal: All copy must be limited to the trade name or type of business except that
the Walgreens signs may include the words "Food Mart", "Pharmacy" and "Liquors".
Analysis: The Sign Code prohibits "A/1 signs which display services or products as
opposed to the business name".
2
3) Proposal: Letter height shall not exceed 26" except for Walgreens. The height of
Walgreens sign over their entrance shall not exceed 82" and on the portion of their
store facing Aventura Boulevard shall not exceed 45".
Analysis: The Sign Code regulates the maximum height of letters only by way of
maximum square footage allowed. The applicant's proposal further regulates the size
of the letters.
4) Proposal: The total length of the sign shall not exceed 95% of the width of the
Tenant's exterior fayade. The maximum projection of the sign from the face of the sign
fayade shall be six inches (6"). The area of a sign shall not exceed:
For 20' frontage store
For corner store (Andalusia location - 48 front feet)
For Walgreens - west facing (129 front feet)
For Walgreens - south facing (50 front feet)
For Northern Trust Bank (64 front feet)
40 SF"
40 SF
260 SF"
80 SF"
60 SF
" But not in excess of the area of signs existing on October 22, 1997. When tenants
occupying stores on October 22, 1997 vacate their premises, the area of signs
permitted for replacement tenants will be limited to the area permitted by City of
Aventura, Florida Ordinance #97-17 (one sq. ft. for each one lineal foot of tenant
frontage) .
Analysis: The measurements allowed by the landlord are larger than those conditions
allowed by the Sign Code (1 sq. ft. for each lineal ft. of Tenant Frontage). However,
the applicant has placed a condition that any new sign must conform to the Sign Code.
5) Proposal: Signs shall be surface mounted and must be located appropriately in
relation to the entrance to Tenant's store space. Walgreens shall be permitted to
maintain a second sign on the portion of their store facing Aventura Boulevard.
Analysis: Same as Sign Code
6) Proposal: To be individual channel letters with opaque metal sides in bronze color
with matte finish acrylic plastic faces, internally illuminated by neon. The exterior
faces of the signs shall be red except that the color of the Northern Trust Bank sign
shall be bronze.
Analysis: This requirement exceeds what is required by the Sign Code as no limits to
color are specified in the Code.
3
7) Proposal: General Specifications:
A. No exposed raceways, crossovers, wiring or conduits will be permitted.
B. All cabinets, conductors, transformers and other equipment shall be
concealed. Visible fasteners will not be permitted.
C. Electrical service to all signs shall be connected to Tenant's electric
meter by a licensed electrical contractor and shall be the responsibility of
the Tenant.
D. No animated components, flashing lights, bare bulbs, painted, wood,
plastic or box/cabinet signs will be permitted.
Analysis: These items are generally the same as what is presently required upon
Sign permit approval.
8) Proposal: Prior to Installation: Tenant shall submit a minimum of two (2) sets of shop
drawings, showing all details, mounting position of sign and a sample of the sign
materials to:
(Landlord)
Analysis: This item is a continuance of Proposal of Item #1 above.
9) Proposal: All signs must comply with sign criteria indicated herein. All signs must
also comply with City of Aventura, Florida Ordinance No. 97-17. Tenant shall be
responsible for obtaining permits for signs prior to their installation from:
(City of Aventura)
Analysis: Code requirement.
10) Proposal: Tenant must receive written approval for any sign from Aventura Shops,
Inc. prior to erection and fabrication. Any sign installed without approval will be
removed at Tenant's expense.
Analysis: This requirement exceeds Code requirements. The Code does not specify
that Tenant receive written approval from the (Landlord).
11 ) Proposal: All signs shall be constructed and installed by a qualified sign company at
Tenant's expense.
Analysis: Same as Sign Code.
4
The following information may be helpful:
Amortization
allowing not more
Tenant Any new or Existing than 2x sq uare
replacement Sign Conditions footage allowed
(Area allowed (Approx. ) by Sign Code
Under Sign Code) (Applicant is
allowed until
June 3, 2002:)
Vacant Store 20 SF max. No sign N/A
Omaha Steaks 20 SF max_ 40 SF 40 SF
Lisa Todd 40 SF max. 38 SF 80 SF
(double store front) (Or 2 signs at 20 SF
max. if occupied by 2
different tenants).
Andalusia Bake Shop 48 SF max. 80 SF 96 SF
Cleaners 20 SF max. 33 SF 40 SF
European Wax Center 20 SF max. 17 SF 40 SF
Nelson's Hair Salon 20 SF max. 15 SF 40 SF
Walgreens 129 SF max. 258 SF 258 SF
(front)
Walgreens 50 SF max. 78 SF 100 SF
(side)
Northern Trust Bank 64 SF max. 40 SF 128 SF
There are nine (9) existing Wall (fa9ade) signs. Of those nine (9), four (4) signs are
smaller than the maximum allowed by the Sign Code.
Upon Council approval of Ordinance No. 97-17, guidelines were established that provided
for existing channel letter signs that are not more than twice the square footage allowed,
to remain until June 3, 2002. The existing signs fall into this category. The applicant is
requesting relief from the amortization schedule thereby allowing the existing signs
to remain until such time that a new or replacement sign is installed. It is more likely
than not that some existing tenants will have vacated spaces prior to June 3, 2002.
Therefore, any new signage will be required to conform to the Sign Code. It is only those
signs for businesses that exist at the time of this application and are still in existence on
and beyond June 3, 2002 that would be affected by this request.
5
CONDITIONS
It is recommended that the request be granted subject to the following conditions:
1) A Resolution shall be recorded in the Public Records of Dade County prior to issuance
of any additional or new Sign permits for the subject property. The applicant shall be
responsible for recording fees associated with such recordation.
2) The following existing signs or portions of signs shall be removed within the timeframe
as specified in Ordinance No. 97-17:
"Sizes 14-24" - at the Lisa Todd location
"Food Emporium" - at the Andalusia location
"Food Mart Pharmacy Liquors" - at the Walgreens front location
"Liquors Pharmacy" - at the Walgreens side location
3) Those non-conforming monument signs existing on the property shall be removed
within the timeframe as specified in Ordinance No. 97-17.
Istaff reportsl01-MTC-97 Aventura Shops Mu~i- Tenant Center revised report
6
Nov-1Z-~/ 12:14
......u.:::
P.H.#
Owner's Sworn-fo-Consent
Permitting Tenant to File for a Hearing
(Trustee)
I, Lawrence P. Puckett, Jr. ,as Trustee of the PSI Partners Trust which
is the Owner of the property legally described below and which is the subject of the proposed
hearing, do hereby grant consent to Aventura Shops, Inc. , as Tenant, to
file this application for public hearing.
Legal Description:
Tract "s" Aventura seventh addition according to the Plat thereof as
recorded in Plat Book 120 at Page 99 of the Public Records of Dade
County. Florida.
tur~ r-> '" _
\.u~
Print NlUUe
6- LA..
T ustee Signature
Lawrence p.. Puckett,
Print NlUUe
Address:
20201 N.E. 25th Avenue
No. Miami Beach. FL 33180
~
Sl't TE OF FLORIDA
COUNTY OF
DADE
The foregoing instrument was acknowledged before me by Lawrence P. Puckett. Jr.
C , Trustee, to me personally known ~r ~ .Il
. , ,~ 'ill and who acknowledged the foregoing
instrument for the purposes therein contained, and acknowledged that he was authorized under
tb,e trust to execute .said instrument on behalf of the beneficiaries of the trust.
Witness my signature and official seal this )f:y of /V'q IN. ,,,he v . 199 L
in the County and S tale aforesaid. .
Notary Public-State of FLu F.-I P A
~",,1 '111.
..' ti '-\0 ..... c_ _ My Commission Expi....: / J., I 2. - 2 u G' 0
* Jij)JJf * My Comml'oI..~<..d, (!.,. '-!I.k ( , ,i
.,.~~ ~'ff: Ex.... Decembtr12. nt Name '
~ ,,,,..
SEAL
[b;Connsl.wom..am (3/96)J
~~UM DMB,DIXIE,AVENT
-=-=
PHONE NO.
305 670 9151
Dec. 02 1997 03:21PM PI
AVENTURA SHOPS, INC.
7400 No. Kl'nclall Drive, Suit" 410
Miami, FT. 55 156-7177
Off.: (305) 670-1895
Fax: (305) 670-9151
December 3, 1997
Via Fax: 466-8939
Brenda Kelly
Community Deve~opment Dept.
City of Aventura
Dear Brenda:
Attached is the revJ.sJ.on of the Unifonn Sign Graphics
criteria which we discussed today. Thank you for callin~
the omission to my attention.
IS:RF
t\ctY-llV
Revised 12/03/97
AVBIITllRA SHOPS, :INC.
Uniform 8iqn Graphios criteria for FacaGe siqn
for a KUlti-Tenant center
ADnroval: Landlord's approval shall be required of Tenant's design,
materials and the location on the facade.
~ All copy must be limited to the trade name or type of busine.ss except
that the Walgreens siqns may inclUde the words "Food Mart", "Pharmacy" and
"Liquors".
Size: Letter height shall not exceed 26" except :tor Walgreens. The height
of Walqr..ns' siqn over their entrance shall not exceed 82" and on the
portion of their store facin<J Aventura 80ulevard shall not exceed 45'.. The
total length of the sign shall not exceed 95% of the width of the Tenant's
ext.erior facade. Tha maximum projection of the sign from the face of the
sign faoade shall be six inches (61'). Tha area of a sign shall not exceed:
For 20' frontage store 40 sq. f't.*
For corner store (Andalueia-48 front feet) 40 eq. ft.
For Walqreens-west faeinq (129 front fast) 260 sq. tt.*
For Wal~eens-south facing (50 front fest) 80 sq. ft.-
Northern Trust Bank (64 front fsst) 60 sq. ft.
* but not in excess of the area of signs existing on October 22,
1997. When ~enants occupyinq stores on OCtober 22, 1997 vacate
their premises, the area of signs permitted for replaoement tenants
will be limited to the area permitted by City of Aventura Florida
Ordinance #97-17 (one sq. ft. for each one lineal foot of tenant
frontage).
Location: Signs shall be surface mounted and must be located appropriately
in relation to the entrance to Tenant1s store space. Walqreens shall be
permitted to maintain a second sign on the portion of their store faeinq
Aventura Boulevard.
Sian Material/Colors: To be individual channel letters with opaque metal
sides in bronze color with matte finish acrylic plastic faces, internally
illuminated by neon. The exterior faces of the signs shall be red except
that the color of the Northern Trust Bank sign shall be bronze.
General Sneci~ications:
A. No exposed racaways, crossovers, wiring or conduits will be
permitted.
B. All cabinets, conductors, transformers and other equipment shall be
eonceal.ed. Visible fasteners will not be permitted.
c. Electric se~ice to all siqn. shall be connected to Tanant'.
electric meter by a liccmsed electrical contractor and shall be the
responsihility ot the Tenant.
D. No animated components, flashing liqhts, bare bulbs, painted, wood,
plastic or box/cabinet signs ~ill be permitted.
Prior to Installation: Tenant Shall submit a minimwa. of two (2) sets ot shop
drawings, showinq all details, mounting- position of siqn and a sample o~ the
sign materials to:
Ira Segal, Vice President
Aventura Shops, Inc.
7400 No. Kendall Drive, Ste. 410
Miami, FL 33156
Telephone: (305) 670-1895 Fax: (305) 670-9151
All signs must comply with sign criteria indicated herein. All siqns must
also comply with city of Aventura, Florida Ordinance No. 97-17. Tenant shall
be responsible tor obtaininq permits for signs prior to their installa~ion
from:
City Kanaqer, City ot Aventura, Florida
2999 N.E. 191st Street, ste. 500
Aventura, FL 33180
Telephone: (305) 466-8900 Fax: (305) 466-8939
Tenant must receive written approval tor any sign from Aventu.& Shops, Inc.
prior to erection and fabrication. Any sign inatal1ed without approva1 wi11
be removed at Tenant1s expense.
All signs shall be eonstructed and installed by a qualified sign company at
Tenant's expense.
EXHIBIT #1
alii \.mm-eign.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA; GRANTING APPROVAL OF
MULTI-TENANT CENTER SIGN GRAPHICS FOR FACADE
SIGNAGE FOR PROPERTY LOCATED AT 3001-3025
AVENTURA BOULEVARD; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the property described herein is now governed by the City Council of
the City of Aventura; and
WHEREAS, Ordinance No. 97-17 allowed for the Owner of a Multi-tenant Center,
or their authorized representative, to comply with the standards for Nonresidential
District Signs or alternatively, apply for approval as a Multi-tenant Center; and
WHEREAS, the property described herein is zoned BU-2, Special Business
District and is a Nonresidential District; and
WHEREAS, the Applicant, Aventura Shops, Inc., through Application No. 01-
MTC-97, is requesting approval of Multi-tenant Center Sign Graphics for fayade signage
at that certain property located at 3001-3025 Aventura Boulevard; and
WHEREAS, the City Administration recommends approval of these requests
subject to conditions; and
WHEREAS, the City Council has held a public hearing; and
WHEREAS, the City Council finds that the Application meets the criteria of the
applicable codes and ordinances, to the extent the Application is granted herein; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Resolution No.
Page 2
Section 1. Application No. 01-MTC-97 for approval of Multi-Tenant Center Sign
Graphics for fayade signage on property located at 3001-3025 Aventura Boulevard is
hereby granted subject to each of the following conditions:
1) A Resolution shall be recorded in the Public Records of Dade County prior to
issuance of any Sign permits for the subject property. The applicant shall be
responsible for recording fees associated with such recordation.
2) The following existing signs or portions of signs shall be removed within the
timeframe as specified in Ordinance No. 97-17:
"Sizes 14-24" - at the Lisa Todd location
"Food Emporium" - at the Andalusia location
"Food Mart Pharmacy Liquors" - at the Walgreens front location
"Liquors Pharmacy" - at the Walgreens side location
3) Those non-conforming monument signs existing on the property shall be removed
within the timeframe as specified in Ordinance No. 97-17.
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 Councilmember
, who
moved its adoption. The motion was seconded by Councilmember
and upon being put to a vote, the vote was as follows:
Resolution No.
Page 3
Council member Arthur Berger
Council member Ken Cohen
Councilmember Harry Holzberg
Council member Jeffrey M. Perlow
Council member Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 16th day of December, 1997.
ARTHURI.SNYDER,MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this _ day of
,199 .
CITY CLERK
CITY OF A VENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Council
BY:
Jaye M. Epstein,
r of Community Development Y-
FROM:
DATE: December 2,1997
SUBJECT: Request of Aventura Self Storage, I.p. for a Sign Variance
(03-SV-98)
December 16,1997 City Council Meeting Agenda Item ~
RECOMMENDATION
It is recommended that the Sign Variance be granted for one (1) of the Wall Signs with
the condition that the property owner relinquish all rights to the permitted Monument
Sign in exchange for the variance.
THE REQUEST
The applicant, Robert Lansburgh, is requesting a Sign Variance to permit two Wall
Signs on a Self Storage facility where no Wall Signs are permitted. (See Exhibit #1 for
application). The City's Sign Ordinance (No. 97-17) permits Wall Signs only on
buildings where the majority of the floor area is retail use (see attached Exhibit #2 for
Sections 7.a. and 7.b. of the Ordinance).
BACKGROUND
OWNER OF PROPERTY
Aventura Self Storage, I.p.
NAME OF APPLICANT
Robert Lansburgh
ADDRESS OF PROPERTY
2940 NE 188'h Street
SIZE OF PROPERTY
53,004.6 square feet (1.2168 gross acres)
LEGAL DESCRIPTION
(see attached Exhibit ;;t3)
Zoning - IU-2, Industrial, Heavy Manufacturing District
The properties to the north, east and west are zoned IU-2, Industrial, Heavy
Manufacturing District. The property to the south is zoned IU-1, Industrial, Light
Manufacturing District.
Existing Use - Self-storage facility (under construction)
The properties to the north consist of vacant land and marina uses. To the immediate
south of the property lies a canal followed by an industrial use. To the east lies a
vacated building and to the west lies a marina.
Future Land Use Designation - Industrial and Office
The properties to the north, east and west are currently designated Industrial and Office
according to the Adopted 2000 and 2010 Land Use Plan for Metro-Dade County,
Florida. The property to the south of the adjacent canal is designated Medium High
Density Residential.
The Site - The subject property is located at 2940 NE 188 Street. The size of the
property is approximately 180', fronting on NE 188 Street, with a depth of approximately
270' to the canal (see Exhibit #4 for Location Map and Exhibit #5 for Aerial Photo).
The Project - The applicant received Administrative Site Plan approval on
September 16, 1997 to construct a 4-story self-service storage facility. The new facility
contains approximately 79,550 square feet of air conditioned space.
ANALYSIS
Consistency with Comprehensive Master Plan - The request is not inconsistent
with the Dade County Comprehensive Development Master Plan.
Community Development Department Analysis -
The Self Storage facility is permitted one (1) Monument Sign by right, which the owner
intends to erect. However, the owner has not applied for sign permits for this
Monument Sign. The Sign Ordinance allows for one (1) Monument Sign per parcel in
nonresidential districts, not to exceed 48 sq. ft. in area and 8 ft. in height (see Exhibit #2
for Section 7.a. of the Sign Ordinance).
2
The applicant is requesting a Sign Variance to permit an additional sign to be located
on each of the North and West elevation walls. The applicant is requesting these Wall
Signs due to the facility's lack of public visibility. The Self Storage facility is located on
NE 188 Street, a street used primarily by marina businesses. A Wall Sign would enable
the facility to be visible from NE 29 Avenue, a street that is more well-traversed by the
community.
Criteria
The criteria for approval of Sign Variances as required by the City of Aventura Sign
Ordinance (No. 97-17) require:
The sign variance maintains the basic intent and purpose of the regulations,
particularly as it affects the stability and appearance of the City and provided that
the Variance will be otherwise compatible with the surrounding land uses and
would not be detrimental to the community. No showing of unnecessary
hardship is required.
The requested variance to permit two (2) Wall Signs, in addition to the allowed one (1)
Monument Sign, does not preserve or enhance the unique aesthetic character of the
City. Staff believes that such an approval, resulting in three (3) signs total for the
business, would be in conflict with the basic intent and purpose of the Ordinance.
Staff does support, however, the request for one (1) of the Wall Signs with the condition
that the applicant forego the installation of the Monument Sign. Due to the location of
the Self Storage facility, a Wall Sign, rather than a Monument Sign, better serves the
intent of the Ordinance. It is the intent of the Sign Ordinance to authorize the use of
signs that are: 1) legible under the circumstances in which they are seen; and 2)
effective in indexing needed goods and services. A Wall Sign would identify the
business to the community better than a Monument Sign located along NE 188 Street.
Furthermore, the requested Wall Sign, at 90 sq. ft., is less than 75% of the sign area
allowed and would not adversely affect the appearance of the community.
Citizen Comments
The Community Development Department has not received any written or verbal citizen
comments.
CONDITIONS
It is recommended that the request for the Sign Variance be granted subject to the
following conditions:
3
1. One (1) wall sign no greater than 90 sq. ft. be allowed on either the North or West
building elevation.
2. The property owner relinquish all rights to the permitted Monument Sign for the
parcel.
4
.
.
2875 NE 191". #903
J\venbrra.FI. 33180
.
.
October 29, 1997
RECEIVED
OCT? Q 1997
COMMUNllY DEVELOf'MENT
2975 NE 191". #903
Aventura, Fl. 33180
Dear City of Aventura:
lbis letter shall serve as a letter of intent and will hopefully address our issues. The self
storage business is very much a retail business. The project we have pursued on 188th street,
by many would be considered risky and unwise, because we lack major visibility. We
believe the demographic makeup of Aventura and an appropriate amount ofsignage will
overcome the lack of visibility. Respectfully. we are pursuing a variance to the cities sign
. ce for a modest amount ofwall signs so people will know we are there and what we
ing. 1 hope the city can understand that a sign is a key factor to the success or failure
.. elopment. One only has to look at other facilities to see that a sign and good
essential. Finally, as residents the beauty and integrity of Aventura is very
d have been important considerations throughout the development of this
Robert Lansburgh
vice-president
. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
CITY OF AVENTURA
lifOMMUNITY DEVELOPMENT DEPARTMENT
2999 NE 191 Street, Suite 500
Aventura, Florida 33180
(305) 486-8940
PUBLIC HEARING APPLICATION FOR SIGN VARIANCES
DATE: 10- 22- Cj /
PROJECT NAME: Alleni",-",. Se-It- Sior""3"
LOCATION: 1}. '1YO t0G: 1,?~jL d,
LEGAL DESCRIPTION: See'_ c...:f-+G.ol n^
41100-+<100, F I. ~ 3/'/;0
-
FOLIO NUMBER(s):
CURRENT ZONING: '1 I.J - 1--
CURRENT LAND USE: MAfJvPA C TV (1,1 '-'G
EXISTING OR PROPOSED USE OF PROPERTY: (Attach additional sheets if necessary)
Se.-If da'-Co-5e.,
Name of Applicant or Contact Person:
f"ob,",-+ /"",/-",,-, k
Phone No.:
9:;5-1000
Address of Applicant:
;).'6/<; \.J( \'1\,)- 1l:-$i90,
4.",,,+,,,-,,, j n.
~" l'tO
Name of Property Owner (if other than Applicant):
Phone No.:
Address of Property Owner:
SC-Ml'.. (.1.....<; o....,bov(
1.
The followina documents are reaulred to be submitted with and deemed to be
IncorDorated into this Detitlon. as aDDlicable:
J
ALL APPLICATIONS MUST BE ACCOMPANIED BY A LETTER OF INTENT.
Please describe in detail, whether and to what extent the requested si9n variance serves a
public benefit which would warrant the granting of the request and specific justification for
approval of the application, nature of the requests and any other pertinent information.
Insufficient justification may resuit in the denial of your application.
j
One (1) original application, signed and notarized by the applicant, owner and/or attorney and. if
necessary, authorization to another individual to represent the applicant.
A complete zoning history of the property is required. The attached Cert~icate of Resolutions
form must be completed and signed by a Metro-Dade employee from the Zoning Information
Section.
One (1) original, current (within 30 days) Ownership and Encumbrances Report for the subject
property. (APPLICATIONS FOR MONUMENT SIGNS ONLY)
~,
'I
Ten (10) copies (folded) of a registered, current (wtthin 30 days), signed and sealed survey of
subject property, based upon the Ownership and Encumbrances Report. Surveys must
delineate existing natural features, easements, existing structures and uses, and existing utility
lines. (APPLICATIONS FOR MONUMENT SIGNS ONLY)
L
Ten (10) sets (folded) of supporting, signed and sealed. sign details on archttectural plans.
which clearly illustrate the sign(s) requested. Plans must also include a site plan showing
locations of all existing and proposed signs and setbacks from property line. Site plan needs to
be acceptable for building permitting wtth all signs drawn to scale and fully dimensioned.
Ten (10) sets of photographs of all existing signs on site.
Ten (10) copies (folded) of landscape plan showing all plant material, as to location, name, size
and quality. The City's Sign Ordinance requires a planting bed containing at least 160 square
feet of shrubs, flowers, or other ground cover surrounding each sign. Landscape plan must be
drawn, signed and sealed by a Florida registered landscape architect. (APPLICATIONS FOR
MONUMENT SIGNS ONLY)
Letters from all utilities franchised to operate in the City (Florida Power and Light, Southern Bell.
WASA, Cable) stating no objection to the placement of the sign if sign is to be located in an
easement. (APPLICATIONS FOR MONUMENT SIGNS ONLY)
j
Disclosure of Interest Form.
Is this hearing being requested as a result of a violation notice or summons?
Yes No ~ If yes, in whose name was the violation or summons notice served?
Nature of vioiation
Diles property owner own contiguous property to the subject property? If so, give complete legal
description of enlire contiguous property.
NO
Is there an option to purchase or lease subject property or property contiguous thereto,
predicated on the approval of this application? Yes No ><
If yes, who are the affected parties?
(Copy of purchase contract must be submitted with this application).
Are these plans associated with new construction?
Has construction started?
Has construction been completed?
Are there any existing structures on the property?
Will the existing structures be demolished?
Yes~
Yes~
Yes
Yes~
Yes~
No
No
No -2S.-
No
No
2. labels. Notification and AdvertisinCl (Pursuant to Ordinance No. 97-15)
All COSTS OF ADVERTISiNG, MAILING AND POSTING SHAll BE BORNE BY THE
APPLICANT.
The Community Development Department shall prepare and coordinate "pUblished notice of the
application and the mailing of a courtesy notice using labels provided by the applicant.
The following is required of the applicant and must be oresented with anv and all aoolications:
One (1) notarized copy of a list of the names and addresses of all property owners located
within 300 foot radius of the exterior boundary of the subject property. If the subject property
constitutes only a portion of a contiguous ownership parcel, the exterior boundary from which
the appropriate radius is to be projected will be the exterior boundary of the entire contiguous
ownershio parcel.
..
2
One (1) set of seff-adhesive labels of the same list to be used for mailing purposes. Failure of
applicant to provide the required labels will constitute an incomplete submittal package and may
cause the delay of the public hearing until such time that the required labels are received.
The subject property shall be posted no later than ten (10) days prior to the public hearing.
Such posting shall be displayed in a manner conspicuous to the public, by a sign or signs no
less than 24' x 36' in size and containing information concerning the application, including but
not limited to, the applied for zoning action and the time and place of the public hearing.
3. Fllina and Hearina Fees
A check made payabie to the City of Aventura for the amount of $ 750.00 for each variance
requested.
1 variances at $750.00 each = $
4. PropertY Violations
As part of the review, your property may be subject to various inspections by City personnel. If building,
zoning or Code Compliance violations are found, your request for a public hearing will be deferred until
such violations are corrected.
5. Responsibility of ApPlicant
It is the responsibility of the applicant to assure that all questions in the application and all required
supplementary data are submitted at the time of the filing of the application and that all answers, plans
and supplementarJ data are accurate and complete.
All required plans, supplementary data, mailing labels and fees must be submitted at the same time as
the application is filed, or the application will be incomplete. Incomplete applications will not be
scheduled for public hearing and will be returned to the applicant. The filing of an incomplete
application will not reserve a place on the hearing agenda. An application submitted prior to the
deadline does not automatically insure placement of the application on that hearing agenda.
All data submitted in connection with the application becomes a permanent part of the public records of
the City of Aventura.
For Office Use
Date Application Received: 10 ,1.-~ .11
Application Number:
D~-Sl/-qf;
Sign Vartance Applicatioo 09123197
ReNlsed9J3Ol97 . '
3
DEVELOPMENT APPLICATION OWNER CERTIFICATION
(Please complete all that apply)
For use when petitioner is the Owner of subiect property:
This is to certify that I am the owner of the subject lands described in the above application. I
understand that I am responsible for complying wllh all application requirements prior to this petition
being scheduled for any public hearing. I also understand that II is my responsibility to comply with the
City's requirements regarding quasi-judicial proceedings. This further certifies that I have read this
petition and the statements contained herein are true and co~~
----&W lo.Mbur')k
Print Name of Petitioner Signature of Petitio r
!JAM-
STATE OF
FJ--,e; b,+-
,
COUNlY OF
ThefOr~nginstru~twasSworntoandSubscribedbeforemethis d-.:J-- day of (J!}c/J,.s6-/t.- ,19 1'7 ,
by -.!:;1J.a e-t LA #..s.t3t(tl~ II- who is personally known to me~1 ..I,u h_, ' ~
/)ofrTlf'/ V,'{j,J' ..J'-Zl('~ d/~
Printed Name of Notary Public Signa~r~ of pry Public
My Commission Exp as: OFF1CI~,t ~':O'[J'.j\,/ SML
NOT "> OOLThY ~"r;;,l~:ON
~~;<~.~~i~;;~~\;~Jg'~~~~,p~~~RIDA
MY COMMISSiON EXP, APR 12,1999
.l.__J..l..I.J.J.U.J.
.......I..I..lJ.J.
......J..I..u......
.1...........1;;1.... J.
.......1;;1..\.
.U..,U..U.U.
,1;.1........
J.U.
For use when petitioner is NOT the Owner of the Subiect Property:
This is to certify that I am the owner of subject lands described in the above petition. I have authorized
to make and file the aforesaid petition. This further certifies that I have
read this pelllion and the statements contained herein are true and correct.
Signature of Petitioner
Print Name of Petitioner
STATE OF
COUNlY OF
The foregoing instrument was Swom to and Subscribed before me this day of , 19 _ ,
by who is personally known to me or who has produced
as identification.
Signature of Notary Public
Printed Name of Notary Public
My Commission Expires:
J. 1.1.1.1. J. ............ ...................u. ......J.J.J.... J.J.J.J.J. J.J.J..U..U J.J..U.U.U.U.U.u.u J.J.U.. 1;............... J.J.J....... ............u.J.
Tenant or Owner Affidavit
I, Qo(1,[ g T LA IV; ~ UU',H , being first duly sworn,
depose and say that I am the owner/tenant of the property described and which is the subject matter of
the proposed hearing; that all the answers to the questions in this application, and all sketch data and
other supplementary matter attached to and made a part of the application are honest and true. I
understand this application must be completed and accurate before a hearing can be advertised. In the
event that I or anyone appearing on my behalf is found to have made a material misrepresentation.
either oral or written, regarding this application. I understand tha any development action may be
voidable at the option of the City of Aventura.
iZohc_,+ I-~Fb,,-cJl
Print Name of Petitioner
STATE OF r I- d t',' ~ fi-- COUNlY OF
The fOr8g9ing, instrument was Swom to and Subscribed before me this d2~ day of ac.:/~.eJ,6 ~, '
by Kd..g P-L-/ .L.A ~~ &f,L($';- who is personally known tome DFY,1o. .
. n'J~~
19 '1'7
-;-ti
fa7W-Y 0,'//<1" J
Printed Name iJf Notar'l'-P'lhlir.
, F !CIA I\OTiR\<SL~J
My Commission Expir . orARy~~OTT-]Y ~v:;,UcOj\;'
MY COMJ',;-;g~j~\~'~'J~:!':~!" ;~:!;.?;'\mA
COMM5510N f) p' -'l;~:' ;20.
-, __.. ., .,~ -l\. j .1999
4
Attornev Affidavit
I, ' being first
duly sworn, depose and say that I am a State of Florida Attorney at Law, and I am the Attorney for the
Owner/Applicant of the property described and which is the subject matter of the proposed hearing:
that all the answers to the questions in this application, and all sketch data and other supplementary
matter attached to and made a part of this application are honest and true. I understand this
application must be complete and accurate before a hearing can be advertised. In the event that I or
anyone appearing on my behaff is found to have made a material misrepresentation, either oral or
written, regarding this application. I understand that any variance, special exception or plat approval or
other approval shall be voidable at the option of the City of Aventura.
Print Name of Petitioner
Signature of Petitioner
STATE OF
COUNTY OF
The foregoing instrument was Swom to and Subscribed before me this day of , 19 _ '
by who is personally known to me or who has produced
as identification.
Printed Name of Notary Public
Signature of Notary Public
My Commission Expires:
.U..U..l:J..lJ.J. J.~J..U..U..u. .............u........, ),,1;............
J.J........u........
J.J.J........u.
..........uu. .lI.............
U.U. .1
Corporation Affidavit L? L
f[~6F(?r 4,Js..6Q.LGrr
I/We, ;r~v, 1\,IU1v.. c::~)! ('I I ,beingfirstdulyswom,
depose and say that l/we are the presidenWicei>resideht, and Secretary of the aforesaid corporation,
and as such. have been authorized by the corporation to file this application for public hearing; that all
answers to the questions in said application and all sketches, data and other supplementary matter
attached to and made a part of this application are honest and true; that said corporation is the
owner/tenant of the property described herein and which is the subject matter of the proposed hearing.
We understand that this application must be complete and accurate before a hearing can be
advertised. In the event that I or anyone appearing on our behalf is found to have made a material
misrepresentation, either oral or written, regarding this application, I understand that any development
action may be voidable at the option of the City of Aventura~
~obo,-I Lc-^,bor~ L .
Print Name of Petitioner Signature of Petl' ner
STATEOF FL"e-'D II- COUNTY OF /)IJIJ IS-
The fo~oing instrument was Sworn to and Subscribed before me this a2.;L. day of <t9 c'/:,J.g ,6. tC-
by .f:'.f~ ~r "(,4,,..J..s.6f{L~1I" who is personally known to me !~
hdf''''Tlfih t./'(I..",J ~......~.,vn U~~
Printed Name Notary Public Signa ra of Not Public
19 '7'7,
J
My Commission
o JA NOTARY SE.A
DOROTHY VIILLSON
NOTARY PUBLIC STATB OF FLORIDA
COMMISSION 1../0. CC449568
MY COMMISSION EXP. APR. 12,1999
5
I hereby acknowledge that I am aware that the Dade County Department of
Environmental Resources Management (DERM), the City Engineer, the City Landscape
Architect, the City Police Department, and other County agencies and City departments
review zoning applications and proffer comments that may affect their scheduling and
outcome. These comments sometimes include requirements for an additional public
hearing before the Environmental Quality Control Board, or other County Boards, and
lor the prior preparation and execution of agreements to run with the land which are
recorded. In addition to these agencies, I also understand that the South Florida
Building Code may contain requirements that affect my ability to obtain a building permit
for my project, and that approval of my zoning application does not constitute building
permit approval. Contact with the above mentioned agencies is advised during the
hearing process.
Qo6eJ~ l(^('\sLJI-~ ~
Print Name of Petitioner
Si.~pe..one'
bAf) r-
STATE OF
rLdR,'jJ!I-
COUNTY OF
The foregoing instru ent was Swom to and Subscribed before me this
, by d..$ ,,"L r ,.i. -^-<I8'1L6/r
.h ..
lJlt,(If1f( cJ,'/M",.)
Printed Name' of Notary Public
My Commission Expires:
OFFICIAL NOTARY StAL
OOR07HY vnLLSON
NOTARY PUBLiC STATE OF FLORIDA
COMMISSION NO. CC449568
MY COMMISSION EXP. APtt. I'I!$
.;J..;L day of ~ c.-?'6 ~ ~ . 19 7'7
who Is personally known to me 8foo'WloIe
__ L. lul..
V~
DISCLOSURE OF INTEREST*
If the property which is the subject of the application is owned
or leased by a CORPORATION, list the principal stockholders and
the percentage of stock owned by each. [Note: where the
principal officers or stockholders consist of another
corporation(s), trustee(s), partnership(s) or other similar
entities, further disclosure shall be required which discloses
the identity of the individual(s) (natural persons) having the
ultimate ownership interest in the aforementioned entity].
CORPORATiON NAME
NAME. ADDRESS. AND OFFICE
percentaae of Stock
If the property which is the subject of the application is owned
or leased by a TRUSTEE, list the beneficiaries of the trust and
the percentage of interest held by each. [Note: where the
beneficiary/beneficiaries consist of. corporation(s), . another
trust(S), partnership(s) or other. similar entities,. further
disclosure shall be required which discloses the identity of the
individual(s) (natural persons) having the ultimate ownership
interest in the aforementioned entity].
TRUST NAME
NAME AND ADDRESS
PercentaQ'e of Interest
Page 2
If the property which is the subject of the application is owned or leased
by a PARTNERSHIP or LIMITED PARTNERSHIP, list the. principals of the
partnership, including general and limited partners. [Note: where the
partner(s) consist of another partnership(s), corporation(s) trust(S) or
other similar entities, further disclosure shall be required which
discloses the identity of the individual(s) (natural persons) having too
ultimate ownership interest in the aforementioned entity].
AuerAvnv Self- S+o,-'^"~) [I'
PARTNERSHIP OR LIMITED PART RSHI NAME
NAME AND ADDRESS
Iv,nbcc,r:1 Self 5to';"'-6.e. i.f.
Grc;....(VIf'{',,(}......-C'-; Illc,
I
Percenta~e of Ownership
SO '/0 (~'. 55', ~f" Lj9S
Sf) '/e
~ SSlc '1' f~
If)
I. p' )
yqS
12-.s ~,
,.
G'-G-fY'MtJec '/ C Robut LV-AS b".~
lvr"l:;>t"r\l I. p. C Ovftr.O'j <;cL..-..u..I-l-
J~ C'Jr.
~J,5'J'
.
_ \'cA,P-OL-
1$,11 L^<t.,,-
)
J<-'j <;ck~"f0
1~/i4';'
IJ..-c.;c
e,-ock ScH,o ,001.1 soFrlfP--
11.. fJo ( (j ( -
J.f-f- S,l F,,-
If there is a CONTRACT FOR PURCHASE, whether contingent on this application
or not, and whether a Corporation, Trustee, or Partnership, list too
names of the contract purchasers below, including the principal officers,
stockholders, beneficiaries, or partners. [Note:. where the principal
officers, stockholders, beneficiaries, or partners consist of another
corporation, trust, partnership, or other similar entities, further
cl.i.sclosure shall' be req!1ired which discloses the identity of too
individual(s) (natural persons) having the ultimate ownership interest in
the aforementioned entity].
NAME
NAME. ADDRESS.AND OFFICE (if applicable)
WI A
Percenta~e of Interest
Date of contract:
page 3
If any contingency clause or contract terms involve additional parties,
list all individuals or officers, if a corporation, partnership, or trust.
For any changes of ownership or changes in contracts for purchase
subsequent to the date of the application, but prior to the date of final
public hearing, a supplemental disclosure of interest shall be filed.
The above is a full disclosure of all parties of interest in this
application to the best of my knowledge and belief.
Signature:
(Applicant) ~/" /
I\~b. -;. ievlts-hlJrCi
J
Sworn to and
this
~
subscribed before me,
day of tP c(:,6.?:-?-,
19 ??
~
(SEAL)
My Commission Expires:
OFFIClA , NOTARY _,F-A
DORCr"}!y V.'ii1:::ON
NOTARY 1',";1": ,~L,;~~ CF FLORIDA
COMi}l;~::':,Kli'~ ;<0. CC44S'563
MY COMMISSION gP. APR. 12,1999
* Disclosure shall not be required of any entity, the equity interests in
which are regularly traded on an established securities market in tm
United States or other country; or of any entity, the ownerhip interests of
which are held in a limited partnership consisting of more than 5,000
separate interests and where no one person or entity holds more than a
total of 5% of the ownership interest in the limited partnership.
Ordinance No. 97-17
Page 21
b) Directional
Approvals Necessary City Manager
Number: To be approved as part of site plan. If
not approved as part of site plan,
separate permits required
Sign Area (maximum): 4 sq. ft. each
Sign Height (maximum): 3 ft.
Other restrictions No advertising copy. Logos may cover
no more than 25% of the Sign Area.
Section 7. Nonresidential District Sians.
The Owner, or their authorized representative, may at their option, choose to use
the following standards or alternatively, apply for approval as a Multi-tenant
Center, pursuant to Section 9 hereof (provided that the subject Center complies
with the definition provided in this Code).
21
EXHIBIT #2
Ordinance No. 97-17
Page 22
The following Signs are authorized in all nonresidential districts in the City:
a) Detached, Freestanding or Monument Signs where otherwise permitted,
shall not be closer than two hundred (200) feet to any other previously
permitted Detached, Freestanding or Monument Sign.
Approvals Necessary City Council
Number (maximum); 1 per parcel; parcel must have frontage of
at least 100 feet on a public street, except
for gasoline station parcels where a 48
square foot Sign shall be permitted
notwithstanding the street frontage or
distance separation of the parcel
occupied by the gasoline station.
(Subdivision of an existing building or
planned building group shall not entitle
the new parcels to additional Monument
Signs).
Sign Area (maximum): 48 sq. ft. maximum
Sign Height (maximum): 8 ft.
Setback (minimum):
From right-of-way line: 6 ft.
From side property line: 20 ft.
Illumination Externally Illuminated Signs only.
22
Ordinance No. 97-17
Page 23
Supplemental provisions:
Option on number of Signs if parcel has 2 Signs, aggregate area not to exceed 72
300 or more feet of Parcel Frontage and sq. ft.
two two-way access points on different
public streets.
Logos may cover no more than 25% of
the Sign Area.
Time and Temperature Sign authorized
within total permitted Sign area.
Landscaping and visibility sight triangle See applicable provisions contained in
on corner lot. this Ordinance.
Changeable Copy Sign
Schools, religious and public institutions
only may be permitted one Changeable
Copy Sign in lieu of the permitted
Monument Sign. Said Sign shall not
exceed forty-eight (48) square feet in
Sign Area.
23
Ordinance No. 97-17
Page 24
b) Wall Sign (Permitted only on buildings where the majority of the floor
area is in retail use. In the case of a Multi-tenant Center, Wall Signs are
permitted on walls that face an access drive or internal courtyard).
Approvals Necessary City Manager
Type Reverse or Channel Letter Sign only
Number (maximum): 1 per ground or second floor
establishment which has its own frontage
and entrance facing a public street. (If
the Parcel Frontage requirement for a
Monument Sign precludes an office
building from having a Monument Sign,
one building identification Wall Sign that
otherwise meet the Wall Sign standards
is authorized). Corner or Through Store
locations may have an additional Wall
Sign. Such second Sign shall be limited
to 50% of the square footage of the
primary Sign.
Sign Area (maximum): 1 sq. ft. for each 1 lineal ft. of Tenant
Frontage for each Sign located within
300 ft. of a street on which the building
fronts.
1.5 sq. ft. for each 1 lineal ft. of Tenant
Frontage for each Sign located more
than 300 ft. of a street on which the
building fronts.
Illumination: See definition of Reverse or Channel
Letter Sign
Supplemental provisions: See gas station
provisions contained in this Ordinance
24
Lel!:al Description:
This parcel of land in the Southwest 1/4 of Section 3, Township 52 South, Range 42 East, Dade
County, Florida, described as:
Commence on the Southwest corner of the Southeast 1/4 of the Northeast 1/4 of the Southwest
1/4 of fractional section 3, township 52 South, Range 42 East, Dade County, Florida; thence
run North 00 degrees 39 minutes 25 seconds West along the West line of the Southeast 1/4 of
the Northeast 1/4 of the Southwest 1/4 of said fractional Section 3, for a distance of 180.25 feet
to a point; thence run North 89 degrees 20 minutes 35 seconds East for a distance of 270.03 feet
to the point of beginning; thence continue North 89 degrees 29 minutes 35 seconds East for a
distance of 180.00 feet to a point; thence run South 00 degrees 39 minutes 25 seconds fast for
a distance of 270.25 feet to a point on the North Bank of the existing Canal; thence run West
along the North Bank of the existing Canal; thence run West along the North bank. of the
existing Canal for a distance of 180.00 feet more or less to point, thence run North 00 degrees
39 minutes 25 seconds West for a distance of 212.36 feet, mOre or less, to the point of
beginning.
EXHIBIT #3
BROWARD COUNTY
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, GRANTING A SIGN
VARIANCE TO PERMIT ONE (1) WALL SIGN, NO
GREATER THAN 90 SQUARE FEET, WHERE NO WALL
SIGNS ARE PERMITTED ON THE PROPERTY LOCATED
AT 2940 NE 188TH STREET; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the property described herein is zoned IU-2, Industrial, Heavy
Manufacturing District; and
WHEREAS, the Applicant, Robert Lansburgh, has requested a Sign Variance to
permit two (2) Wall Signs on a Self Storage facility where no Wall Signs are permitted
for that certain property located at 2940 NE 188th Street; and
WHEREAS, the Applicant has requested one (1) Wall Sign of 90 sq. ft. on the
North elevation and one (1) Wall Sign of 90 sq. ft. on the West elevation; and
WHEREAS, the Applicant is permitted one (1) Monument Sign by right; and
WHEREAS, the Community Development Department recommends approval of
the Sign Variance request for one (1) of the Wall Signs providing the applicant
relinquish all rights to the permitted Monument Sign in exchange for the variance; and
WHEREAS, the City Council has held a public hearing as provided by law; and
WHEREAS, the City Council 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 COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Resolution No.
Page 2
Section 1. Application No. 03-SV-98 for a Sign Variance approval on property
legally described as:
See attached Exhibit #1
a.k.a.
2940 NE 188th Street
is hereby granted exclusively to the Applicant subject to the following terms and
conditions:
CONDITIONS
1. One (1) Wall Sign no greater than 90 sq. ft. be allowed on either the North or West
building elevation.
2. The property owner relinquish all rights to the permitted Monument Sign for the
parcel.
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 Councilmember
, who
moved its adoption. The motion was seconded by Councilmember
, and
upon being put to vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Resolution No.
Page 3
Councilmember Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED this _ day of
,199_.
Arthur I. Snyder, Mayor
ATTEST:
Teresa M. Smith, CMC, City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney
This Resolution was filed in the Office of the City Clerk this _ day of
,199_.
CITY CLERK
Lel!al Descrintion:
This parcel of land in the Southwest 1/4 of Section 3, Township 52 South, Range 42 East, Dade
County, Florida, described as:
Commence on the Southwest comer of the Southeast 1/4 of the Northeast 1/4 of the Southwest
1/4 of fractional section 3, township S2 South, Range 42 East, Dade County, Florida; thence
run North 00 degrees 39 minutes 25 seconds West along the West line of the Southeast 1/4 of
the Northeast 1/4 of the Southwest 1/4 of said fractional Section 3, for a distance of 180.25 feet
to a point; thence run North 89 degrees 20 minutes 35 seconds East for a distance of 270.03 feet
to the point of beginning; thence continue North 89 degrees 29 minutes 35 seconds East for a
distance of 180.00 feet to a point; thence run South 00 degrees 39 minutes 25 seconds fast for
a distance of 270,25 feet to a point on the North Bank of the existing Canal; thence run West
along the North Bank of the existing Canal; thence run West along the North bank of the
existing Canal for a distance of 180.00 feet more or less to point, thence run North 00 degrees
39 minutes 25 seconds West for a distance of 212.36 feet, more or less, to the point of
beginning.
EXHIBIT #1
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Council
FROM:
Eric M. Soroka, Cit
r
DATE;
SUBJECT: Request of Coscan Waterways, Inc. for a Sign Variance to Permit a
Building Identification Sign at Each of the Five (5) High Rise
Buildings Within the Development Known as "The Point at the
Waterways" (04-SV-97)
December 16, 1997 City Council Meeting Agenda Item J -C,
RECOMMENDATION
The applicant has requested that this item be deferred to the next meeting.
Therefore, it is recommended that the Public Hearing be opened and continued to the
City Council Meeting of January 6, 1998. By doing so, mailed notices and newspaper
notices will not be required to be repeated.
THE REQUEST
The applicant, Coscan Waterways, Inc. is requesting a Sign Variance to permit a
building identification sign at each of the five (5) high rise buildings within the
development known as "The Point at the Waterways".
EMS/aca
CC0434-97
TO:
City Council
FROM:
Eric M. Soroka,
DATE:
December 8, 1
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
SUBJECT: Moratorium Waiver R ue t - Dumfoundling Bay. Ltd.
December 16, 1997 City Council Meeting Agenda Item :; -D
RECOMMENDATION
It is recommended that the City Council grant the waiver request from the moratorium
subject to the enclosed conditions.
BACKGROUND
Ordinance No. 97-22 created a moratorium upon the issuance of development orders
concerning development within the Marina Area and Hospital Area within the City.
Section 2 of the Ordinance provides that the City Council may grant a waiver when the
City Council determines, based on substantial competent evidence, that the specific
use or activity will not detrimentally affect the preparation and implementation of the
City Plan and will be compatible with surrounding land uses. The owners were
originally granted a waiver on October 7, 1997 for an office building. As outlined in the
attached request, the previous contract fell through and a new waiver with OBM
International, Inc. for an office building has been requested.
Property Information Location
Owner:
Location:
Size:
Land Use Designation:
Zoning Classification:
Proposed Use:
Proposed Variances:
North:
Dumbfoundlin~ Bay, Ltd.
18051 N.E. 291 Avenue
3.8 :t acres
Industrial
IU-1, IU-2 Industrial
Office Building - Permitted Use
100,000 square feet
None envisioned
Undeveloped Industrial/Residential
Memo to City Council
Page 2
South:
East:
West:
Industrial Marina
Canal/Industrial
Loehmann's Fashion Square Shopping Center
The use contemplated will provide a good transition between the residential and
commercial uses adjacent to the property. In this regard, the specific use for an office
building is compatible with the existing surrounding land uses.
Based on preliminary discussions with our planning consultants and the Community
Development Director, if the building provides for quality office and / or medical space, it
would not have a detrimental effect on the preparation of the Comprehensive Plan.
The opposite would occur by providing a possible catalyst for redevelopment of the
industrial land uses and improve the image of the area.
In order to ensure the proposal is in conformance with the Comprehensive Plan, the
following conditions are recommended:
1. That the waiver be granted to a specific project and owner.
2. That the site plan and elevation of the building be prepared in conformance with
the Master Plan for the moratorium area approved by the City Council as part of
the Comprehensive Plan.
3. That a signed contract for sale be presented to the City within sixty days.
4. That the property be utilized for only an office building.
The conditions are similar to those attached to the waiver granted on October 7, 1997.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0426-97
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ECKERT SEAMANS 0ffiRIN & MELLOTT, LC
_1I.I.l~4ll1l1a....~.."U'_
December 2, 1997
Mr. Eric M. Soroka
City Manager
City of A ventura
2999 N.E. 191 Street, 5th FIr.
Concourse Center 2
Aventura, FL 33180
FAX & U.S. MAIL
RE: Ordinance of the City of A ventura Providing for a
Building Moratorium and Issuance of Development
Orders and Permits; Waiver Request
Dear Mr. Soroka:
Please accept this letter on behalf of my client, Dumbfoundling Bay, Ltd., the
owner of a 3.8+/- acre site located at 18851 N.E. 29th Avenue, Aventura, Florida.
As you are aware, a previous waiver of the moratorium was issued by the City
Conunission in conjunction with this property. Unfortunately, the previous Contract for
Purchase and Sale fell through and my client is now seeking a new waiver based on a
Purchase and Sale Agreement with OBM International, Inc., a Florida corporation, who
proposes to build a 100,000 square foot office building on the site. The proposed
application will fully conform with the provisions of Chapter 3 of the Code of
Metropolitan Dade County, which is adopted by the City of Aventura pursuant to an
Interlocal Agreement. The proposed office building will serve as an excellent transitional
use from the shopping center to the west and the present industrial to the east, and will
be consistent with the other uses of N.E. 29th Avenue such as the Columbia and City
National Bank Buildings.
We recognize that we will submit a formal site plan to the City for approval as part
of the normal zoning process.
Thank you for your usual courtesy and cooperation and please do not hesitate to
ask me for additional information you believe pertinent to this matter.
SBP:cm
Very truly ~
~~~rice
RECEIVED
DEe 0 3 1997
cc: Richard Weiss, City Attorney
Jaye Epstein, Community Development
David Rozen
Shelly Miller
OFFiCE Of THE
CITY MANAGER
69697
STANLEY B. PRICE
305/347-3816
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David L, Rozen
Sheldon B. Miller
General Partners - Brokers
(305) 935-9300
G:Au:. f~ 100
.
.
.
Sec. 33.51. Setbacks in business and indus-
trial districts.
The minimum setback: distances and spacing
requirements in all business districts and in IU-I,
W-2 and IU-3 Industrial Districts (see Section
3':;-273 for IU-C setback requirements) shall be as
follows:
Front-Twenty (20) feet.
Sick _t-Fifteen (15) feet, except where an RU
or EU lot abuts a business or industrial lot,
then the side street setback shall be twenty-five
(25) feet on any part of the commercial struc-
ture located within twenty-five (25) feet of the
residential district boundary.
Interior side-Zero (0) feet where the adjacent
property is BU or IU Districts and where the
use of the building is limited exclusively to
business or industrial use. The wall along the
side property line shall be constructed in accor-
dance with the South Florida Building Code.
Five (5) feet where the wall is not of un pierced
four-hour fire-resistant construction.
Ten (10) feet for such portions of the business
structure as are devoted to residential use.
Fifteen (15) feet where the adjacent property
is zoned RU or EU.
Rear-Twenty (20) feet from residential district
boundary, except that credit shall be given for
full width of dedicated alleys in computing this
setback:.
Five (5) feet from business or industrial dis-
trict boundary, where any openings are pro-
vided in wall of proposed structure, adjacent to
rear lot line.
Zero (0) feet from business or industrial dis-
trict boundary where no openings are proposed
in wall of proposed structure, adjacent to rear
lot line.
Same setbacks shall apply for accessory build-
ings as apply to principal structures.
Between buildings-Twenty (20) feet.
Structures containing residential uses or mixed
residential-business uses shall comply with res-
Supp. No. 16
ZONING
S 33-5:'
idential setbacks (for the entire building) as
may be required for the residential use in the
residential district.
(Ord. No. 57-19, ~ 3,10-22-57; Ord. No. 58-4, S I,
2-13-58; Ord. No. 64-19, S 4, 5-5-64; Ord. No
80-89, ~ 1,9-2-80; Ord. No. 83-39, S 1,6-7-83)
ARTICLE m. HEIGHT OF BUILDINGS'
Sec. 33-52. Maximum height in all districts;
exceptions.
Except where a greater height may be approved
as a result of a public hearing, the maximum
height of a building shall be thirty-five (35) feet.
two (2) stories, except as specified in each district
and as specified elsewhere in the Code. No acces-
sory building, garage or servants' quarter in RU
and EU-M Districts shall exceed one (1) story in
height unless the principal residence on the lot is
two (2) stories in height and there are two (2) or
more two-story residences on other lots in the
block.
(Ord. No. 57-19, S 29(A), 10-22-57; Ord. No. 64-19,
S 2, 5-5-64; Ord. No. 69-50, S 2, 9-3-69; Ord. No.
74-20, S 1, 4-16-74; Ord. No. 82-13, S 1, 3-2-82;
Ord. No. 95-135, S 7, 7-25-95)
Cross reference-Height of buildings for public assem-
blage, ~ 33-17(6).
Sec. 33-53. Cornice height in specific dis-
tricts.
The minimum cornice height of buildings in
EU-M and RU-I Districts shall be fifteen (15) reet
above the sidewalk or, in lieu of a sidewalk, the
average elevation of the plot covered by the struc-
ture elevation adjacent to the lot on which said
building is placed, in the following Districts: EU-M,
RU-I, RU-2 and RU-3.
(Ord. No. 57-19, S 29(B), 10-2-57)
Sec. 33-54. Reserved.
Sec. 33-55. Certain structures exempt.
(a) The provisions of this article regarding build-
ing height shall not apply to: airplane beacons,
belfries, chimneys, church spires/steeples, convey-
.Cross references-Definition of building height, ~ 33-
1(17); towers, poles and masts, ~ 33-60 et seq.
5165
~ 33-55
DADE COUNTY CODE
.
ors, cooling towers, cupolas, domes, elevator bulk-
heads and shafts and enclosures for mechanical
equipment shall not be considered a part of a
buildir.g for height calculations, fire towers, flag
poles, monuments, parapet wall extending not
more than five (5) feet above the limited height of
the building on which it rests, radio and television
towers, roof structures used only for omamental
purposes providing they do not exceed ten 11 0)
percent of the roof area on which they stand,
smokestacks, stage towers or scenery lofts, tanks,
bins and silos used for purpose of storing grain or
feed products such as silage in connection with
agricultural production, water towers.
(b) The provisions of this article III regarding
building height shall not apply to active and
passive recreational facilities which may be pro-
vided on the roof of a building, provided that the
enclosed portion of such facilities shall not exceed
sixty (60) percent of the total area of such roof,
and provided that the same does not exceed one
(1) story or twenty (20) feet in height.
(Ord. No. 57-19, ~ 29(0),10-22-57; Ord. No. 69-28,
~ 1,4-15-69; Ord. No. 73-5, ~ I, 1-9-73; Ord. No.
87-8, ~ 3, 3-3-87)
Sec. 33-56. Compliance with FAA rules.
All buildings, structures and improvements to
be constructed shall conform to and comply with
the prevailing criteria and requirements of the
Federal Aviation Administration and the Dade
County Airport Zoning Regulations where appli-
cable, regulations contrary thereto contained herein
notwithstanding. The Director shall process ap-
plications for permits through the County Port
Authority, and Federal Aviation Administration
whenever he deems it advisable.
(Ord. No. 57-19, ~ 29(E), 10-22-57; Ord. No. 69-42,
~ 1, 7-16-69)
Sec. 33-57. Setback when height exceeds
limit.
Any portion of a building in the BU-2, BU-3,
IU-l, IU-2 and IU-3 Districts which is between
thirty-five (35) and forty (40) feet in height shall
be setback at least twenty-five (25) feet from the
lot line adjacent to any street or thoroughfare.
Supp. No. 16
Thereafter one (1) additional foot of setback shall
be provided for each five (5) feet of additional
height.
(Ord. No. 57-19, ~ 29(F), 10-22-57; Ord. No. 82-13,
~ I, 3-2-82)
Sec. 33-58. Height of building limited to
width of street in certain dis-
tricts.
No building in IU-C, IU-l, IU-2 or IU-3 Dis-
tricts shall be of a height greater than the width
of the widest street upon which such building
abuts, except after application is made and per-
mit issued as a result of public hearing.
(Ord. No. 57-19, ~ 29(G), 10-22-57; Ord. No. 82-13,
~ I, 3-2-82)
Sec. 33-59. Fire resistive construction of
building over fifty-five feet.
No building erected within the boundaries of
any district established by this chapter, or any
amendment thereof, shall exceed fifty-five (55)
feet in height unless of type 1 fire resistive
construction, as specified by the building code.
(Ord. No. 57-19, ~ 29(H), 10-22-57)
.
ARTICLE IV. TOWERS, POLES AND
MASTS"
Sec. 33-60. Compliance with article.
Before erection of a water tower, standpipe,
windmill, tower or mast for any purpose, over ten
(10) feet in height above the roof of a structure or
over twenty (20) feet in height if erected on
natural ground, the requirements of this article
and the construction requirements of the South
Florida Building Code shall be observed. AIl tow-
ers, poles, and masts requiring notice to the
Federal Aviation Administration (FAA) as pre-
scribed in Federal Aviation Regulations (FAR)
Part 77, shall be lighted as specifically recom-
mended by the FAA in the determination ren-
dered to the proponent's notice of proposed con-
struction. In addition, for all towers, poles, and
masts not requiring notice to the FAA which are
.
.Cross reference-Height of buildings not applicable to
church steeples, spires, domes, etc., ~ 33-55.
5166
70! Brickdl /lVi'IIUl' lxtII Floor
Miami, T'L 33111
Tekphlllli' .1if,/3T-l--:J"/O()
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EcKERT SEAMANS 0iERIN & MELLOTT, LC
December 8, 1997
Mr. Eric M. Soroka
City Manager
City of Aventura
2999 N.E. 191 Street, 5th FIr.
Concourse Center 2
Aventura, FL 33180
RE: Waiver from Moratorium
18851 N.E. 29th Avenue
Dear Mr. Soroka:
Pursuant to your recent Moratorium Ordinance, I am hereby enclosing a copy of
a "Vacant Land Contract" by and between Dumbfoundling Bay, Ltd. and OBM
International, Inc. in conjunction with the above-styled property. I trust this matter can
now be scheduled for a prompt review before the City Council at its next regularly
scheduled meeting.
Respectfully yours,
~ (~
St~ice
SBP:cm
Encl.
cc: Shelly Miller
Lester Goldstein
69992
STANLEY B. PRICE
305/347-3816
RECEIVED
DEe 0 9 1997
OFfiCE OF THE
CITY MANAGER
.l\\\i!!!l~ \7;\I!III "'till IN \1~\i
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("Seii~r")
("Buyer")
PARTII'S AND DESCRIPTIO" OF PROPERTY
I. &"'-E~PURCttASt:: DUMBi'OUNDLING BAY. Ltd. A I'lorida Limited Pa:r:tner-sh,p
m~ 0814 INTERNATIONAL, Ino. .and/or Assians
Igr..1o sail and buy on lI1e tlllTllS and condiUons specified below lI1e properly ("Property) described as:
"4kess: 18851 HE 29th. Ave. --I-Aventura .L.....l'1L-33180-3209
_egal Descrf>llon: ~Attaahed ~Ldescription
incluciog aU irrprovemenls and the following additional prq:>elty: ----"~-----~---------~---.--.-..-----
PRlCI' AND FINANCING
2. PURCHASE PRICE: ~ ;LJ~,j!QQ~JllL___ pavable bV Buver in U,S,lunds as loll~s: HIL ~.,
1k~.v.I}vl 1- -- 'i1{
(al ~ 100"Jl.QQ"QQ o~ec~t6\ecksaresWjeclloclearance) ., -No ....-. %Ii. ,19 97 bV
____ for _.B2.th..H1.lne'Roussa i1ieiL..CliuUiUiL1.i.1.--- ("Escrow Agard")
Signalure Nama of Company
(bl ~ 250"QQ!LOO AdtlUonaldeposillobemadebv December 26 ,19 ~1._
(c~ T alai Financing (see Paragraph 3 below) (express as a dollar amount or percentage)
(d) f l .100. O!l9.....Jil! Other: liUit Purchase Money Mortaage.
(e' $ I . 31 iL!lmL~ Balance 10 closa (nol including BuV"'s closing cas Is, prepaid ilems, and prora.ons) AI
lunds paid al Closing must be paid bV locallv diawn osshiers check 01 wired lunds,
o (fl (c""!'iele onlv II purchase price 1>111 be delenruned based on a per urul cosl ",slearl 01 a I~ad pnce) The unil
used 10 delenmne lI1e purchase pnca is 0 lot 0 acre 0 squsre 1001 0 other (spaClfy ~~--- )
proraUrQ sreas 01 less lI1afl a lul LillI. The purchase price wil be ~ per unil based on a calculaUon 01
IoIaI area 01 lI1e Properlv as cer1Wed 10 Buver and Seller by e Flondallcensed surveyor In accOldance will1 Paragraph
6(c) of lhis Canis-act. The follo'Ning rights 01 way and other areas will be exclud3d Irom the calculation:
a. CASHlFIUANCltJi: tChec~ as applicable) 0 (a) BuyeJ will pay cash lor U16 Prq>erty 'NiUl no linancing conlingency.
o (bl This Contracl Is conUngenl 011 Buy", qualrfying and obla'ling the commilmenl(s) or approval!s) spacillad below w1l11ln
_ days lrom EllecUve Dale (il lell blank U,en Closing Dale or 30 days Irom EUacUve Dale, wl;chevOl occurs l.sl), BuV"
will apply lor financing within ___ days Irom EllecUve Dale (5 days il lell blank) ('''W'lcaUon Period') and wll Umelv pro,lde
env and all credit emplovmenl. financial. and oll1er inllllmaUon required bV the lender, II Buyer, alter using diitgence and
good laill1, c"",,,t oblaln Dle financing, eiU,er parly may cancel II1ls Contracl and BuyOl wiil return 10 Seller al UUe evfdence
and SUNeVS provided bV Seller. and Buver's deposlt(s) wiit be relumed aner Escrow Agenl raceives proper aulhorlzBUon lrom
.U inler..1ed par1jas, BuVer wiil pay all loan expenses, including lI1elandars IIUelnsurance poUcV,
o 111 "ew flnanotn~: BuV'" wm secure a comnlhnenllor new Ulird pany .nancing IIll $ 01
__ % of Ille pLlfchase price at the prevailing inlerest rate and loan costs Buyer will keep SelleJ and Broker fuUy
informed 01 Ihe loan awticaUon stalus and progress and auUlorizes the lender or mortgage broker (0 dsclose all
such Inlormalfon 10 Sell", and BrokOl,
Iiil (2) Sellar financing: BuVer wiil execule a Iiil l.sI 0 second purchase money nole and mongage 10 Seller In lI1e
arrountotf L1.QQ.....QQo.oo ,beanngannuailntereslat 10.000 %andpayableasfollows:No interest if
RAi.9.-B!L~_..!lli_.H9nlli--2L-lntereBt Bemiannual):..L_~Ql----E.llngjpal annualv over 2 'y~6r5
The morljlage, ""Ie, and any securily agreement will be in a lorm ~cceplable 10 Seller and wiit loIlow lorms generallv
accepted in the county where the Property is located; will provloo for a late payment fee and acceleration at the
mor1gag..'s opU~ II BuV"- <fetaults; wm give BuyOl 1118 n91i1 10 prepay without penally ell 01 pen 01 lI1e plincj>1l1 al any
time(s) wilh illerest only to date of payment; wiil be due on conveyance or sale; ..rill rfA>,I~^ I.... ."'l"'~~- -I ollflUqlJe1:JB
~" I. il 'II ~; and will require Buyer 10 keep .abllily Insurance on lI1e Properly, with Seiter as adi1illonal named
Insrrad, II"~'" aulllOrizes Seller to obtain cretil, erT'flovmenl and 011101 necessary inloonaUon 10 delemUne
crecltwotlhlness lor lI,e financing, Seller will. wilhln 10 days Irom EllecUve Dale, give Buy", wnllen notwe 01 whell1er or
nol Sellel Will make lI1e loan TlUs Conhactls ""I assiQnable will,oul Seller'. wnnen consent
o (3) Mortgage Assumption: Buver will leke Irlle slbjecllo and as,urne and pay exlsUnglirst mongage to
I.N# in the approximale amounl 01 ~ currenUv pevable al
. .___ per month including principal, interest, 0 taxes end insurance and having a 0 fixed 0 other
(descriJe) _~____~~_~_._.___~_____.___~~__..__________.
interest rate 01 ________._ % which 0 will 0 will not escatate ~on assumption. Any variance in Ihe mortgage will be
aqusted in lhe balance elle at closing wiUl no aquslment to purchase price. Buyer will flIrchase Seller's escrow
account dlllar lor ~llaL II ijle tenoor disapproves BuVer, Of U1S interest rale upon [ransfer exceeds % Of the
assurT'f>lionltransler fee exce~ds $ ___~ ._."~.____ , eiUler party may elect to pay lhe excess, failing which this
agreement wiU tenninate and Buyer's deposil(s) will be returned.
CLOSING
, 4. Cl.DSItf3 DME; OCCUPANCY: This Conlract will be ciosed and lI1a diled and possasslon diliiverad on or belore
.. I'epruary 27 .~19 ii~, unless extended by other provisions of Ulis Contract. tt-ElfF'1 ~il'Y n I ~
~11'~.I..IIIII'd~ I ifRi.d;1t,. flEfeloomg-up-hT5-Qaya.
BuV'" (~_)and Seller ) ~_) acknowiadge receipl ola copy 01 IIlis page, lI!1ich is Page 1 01 4 Pagas,
VAC,2xf2/96' ~199llfl<ll1d. ASSOCIa~""ol REALroHS&} ~c.m....dIoCBF AURlgtllo Reserved lB ~=
~IlCl.llylnl"",<Ili"""I,I"".r1041("llj,,,^.,,,",,,Mio,,,jll,,,,,,hn.]jlw
fl...." {lOS)9.U}99l
I'... (:I05)044-1OJ1] TO'" =-=
, ;Od~';;;;(dnQ I ;;-a;";t~'''' ~~"c'b~llg "a;~l '~" d;~""ai'" ci~sl~ Il;' ';i\J S;~"~~~'~lovS;Iie'; I ~d br:;~~':I,=tjl~VBr;;;
as par PilIlIgfiJph 17, rn l>1itn 10 other axpansas pro~tled In IhIs Conlrool. Saller and Ruyar wm pay \he cosls Inclcaled below,
(al Sellar Cq,ts: seller will pay taxes on the deed end record~ lees lor dJcumenls needed 10 cure UUe; certided.
confirmed end raUfied xpaclal assessmenl dens; UUe P,~dence (n 'WllcabIe under Paragraph 8); OU,er:
(b) Buyer co.~: Buyer will p~y tax~s and racordng fees on notes and mortgages and rseoRing lees on the deed
and financing stalaments; loan expenses; pending special assessment Uens; lamb's title policy al !he simulaneous
Issua rata; InspecUms; sUlVey and s,elch; Insuranca; Othe" " '
(c) Il!Ie ~vIrlepce and Insurance: Check (11 0~2): /"'*"'r
U 111 Sellar wil provide a l'!>ragrap' .)(1) ownars UUa Il15uranca conmtmenl as UUe e~deoce, 0 Seller Iiil i.r~~\
will satect the Ude agent. 0 Seller Buyer will pay for the o'Mler's tide policy, search, examination and related
~'Des. Each party wlU pay lis own closing fees.
P) Seller will provide IIde evidence as specified In Paragraph 6(a)(2), 0 Seller Iil Buyer wUI pey for \he owner's IIl1e
f:oJ ard select the uUe agent. Seller wUl pay fees for UUa searcfles prior to closIng, Incluclog lax search and Hen
search fees, and Buyer wm pay fees for UUe searches after closing (If any), UU@ examlnaUon fees and closing fees.
(d) PJoroUoqs: The loUowl~ Ilems wii be made currenl and proralad es 01 Ure day belore CIQsl~ Dale: real estala
taXes, lnlerest, boods, assessments, leases and other Property ElJI.penses and revenues. If taxes and assessments for
the cllrisnJyear, cannot he determined, the previous year's rates will be used wllh actustme, nl for any exerrt>Uons.
(e) Tax V'/IUrholdlng: Buyer anD Seller will comply wiUr U,e Foreign Inveslmenl in Real Prq>erty Tax Act, which may
require Seller 10 provide adtlllmal cash al closing il6eller is a "forellJl person' as defined by lederallaw,
PROPERTY CONDITION
6. LAllI USE: Seller wUI denver tha Property 10 Buy"! al Ure lime agreed In lis presant 'as is' condillon. wiUr condillons
resulting Irom lIuyer's Inspections and casuijlly damage, II any, excepled, SeUer will mainlaln the landscapl~ and
groUflds In a comparable condUon and WI.U not engage iiI or pennil any acMy lI,al would malertally ailar ti,e Prq>erty's
Oondillon y,ilhoulthe lIuyar'. prtor Millen consenl
(a) RealdeOUal Properly Only: Seller reprasenls U,al, other than ,
SeUel OOes not know 01 any lacls Ural mallllially affecl U,e value 01 the Pr~ oUrer than those thel Buyar knows or can
reality cjrsaNe. or of any vIoIatiol15 01 governmeni;lllaws. rules or regulallons applicable 10 the Prq>erty In lis exisnng use,
(bl Flood Zone: BUyer Is atMsed 10 l/Ortly by sUlVey, with the lender and wiUr approprtale gll'lemmenl agenclas which
~ zone ~e Property Is In, wI,eU",r 1l00d Insurance Is required and whal res~ictions apply 10 Irrpro~ng the Property and
labul1dn9 In lI1e ....enl 01 casually,
(cl GOVernment Regulallon: Buyar Is a!Msed thai clranges In governmenl regulanons end levels of sONice which
affecl Ruye(, intended use or Ii,e Prq>erly wii nol be grounds lor canceling this r,onlracl II !he Feaslbilily study
Perlod has expired or Ii Buyar has che,*ed choice (d)(2) below
lei) Inspections: (check (1) or (2) below)
00111 Feaslblllly tludy: lIuyar will. at Buy..', axpanse and within ~__ days lrom Effectiva Dale ('FeasloUily Sludv
Pertixl'I, dalennlna whether the Properly is sullBble. In Buyar's sole and absoiula liscrOOm, lor llYilfL 100 .J!JlJLSa . n. of
Condo Offi9!a... Buildina __.__ usa. During U16 feasibUitv Study Period, Buyer may coodlct a Phase I environmental
assessment and any other tests, analyses, surveys and InvesUgations rlnspecUons1 that Buyer deems necessary lo
delarrrlne 10 BUyar's saUstaclion IIle Properly's englneerln~, archilecrural and en~ronmenlal propEll1ies; zonl~ and
zoolng resbicUons; slildvision slatules; soli and grade; availability of {j;C6SS to pwUc roads, V'alBf, and other
uliiilles; con~slancy with local, slale and regional growlh managemant plal15; evallal;llIy 01 permls. governmenl
approvals. and i1censes; and other Inspeclions \hel BUYar deems approprtala to delannlne the Property's suitability
lor Ibe lIuy,,', Inlended use If \he Pt:rrty must be rezoned, Buy.. will ",lain U,e rezMng Irom the ewroprlala
governmenl aQ6l1Cles. Seller will sign a documents BlJyer Is required 10 file in connecUon with development or
rezoning wovals, provided Seller incurs no expense or liabilily In the BfPllcaUon process or related proceedngs ~u ~) f;':'-, .~ ,~.I..", t J
~"I t,-\\otr.j, Q.~",,""Slh.... ~
Sellfl gives Buyar, lis agents, con~actors and assigns, lI,e rtghl to enler the Property al any ome Clinng the F.easlblllly 5'1
Stucli Period lor the purpose of conducnn~ Inspaclims; pro~ded, however, thai Buyer, lis agenls, con~aclors end ')<
assl"" enler tha Property and conduct InspecUons al !heir own ris, Buyar will Inoormify and hold SeUer harmless'~
Irom IOSsrl~L_ damages. coslsJ dalins and expenses 01 any nalure, includng allomeys lees, end from IlabllIly 10 eny
parson, arl"l\l from lilB cm",,1 01 any and iIII InspecUon. or any wort< autholized by Ruyar. lIuyer will nol engaga In
any acUvlly thai could resull in a cmslruclim i1en being filed agaln,1 U,e Property withoul Seller'" prtor wrillan
consent II Ills Iransaclion OOes nol close, lIuyar will. al Buyar's axpanse, (1) repair all damages 10 tha Prq>erty
rasulting Irom the Inspections and relum the Prq>erty 10 the condiUon II wa, s in prtor 10 conduct of the Inspeclions,
and (21 releasa 10 S~ller iIII reports and other wort< ge~eraled as a resull 01 !he InspecUons
RUylll will deliver wrtllan noUce 10 Seller prtor 10 IIle explralion of the Feasloillly SIud)' Penod 01 Buyar's
delarrrlnaUm 01 w1rethlll or nol the Property Is acceptable, B4Y"'. laUure 10 comply wlUr this notice rllljlJirem",,1
will constitule acceplance 01 the Properly as sulial;e lor rUyar'. intended use In lis 'as is' condillon. II !he Prq>erty
Is unacceplable to Buyar and wrtllan nolice of Uris lac Is Iimely delivered to Seller, lI,is Conlracl will be deemed
leminalad as 01 the day aller IIle Feasloiilly Sludy Period ends and Buyer', deposil(s) will ba re~med alllll Escrow
Agent receives prq:ler auUlorizaUon from all interested parties
o (2) No Feasl~l\ily Sludy: Buyer is sansfled U,al Ure Prq>erty Is sullable lor Buyer'. purposes, Includng being
satisfied that either rlblic sewerage and water are available to Ihe Prcperty or Ule Property will be approved for 016
installaUon 01 a wet a~or private sewerage dsposal system and thai exfsUng zoning and other pertinent regulations
and reslricUons, such as sLixivision or deed resulcUons, concurrency, growth management and envlronmental
conations, are acceptable to Buver. This Contract is nol contingent on Quyer conducting any further InvestigaUons.
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~ 1. RISK Of [.OS5; EMINENT DOMAIN: II any portlm 01 the Prq>erty Is matanally damaged by casually belore closing,
. or Seller negotiales wilh a govemmenlal aull,ortly 10 Iransler all or pa~ of the Property in lieu of emlnenl dlinaIn proceedings,
II or It an emlnenl ,*,main proceeding Is Inillaled. Seller will prorrplly Infonn Buyer. Either perty If<lY cancel this Contract
II by \\Titlen nolice \0 the oll,er widdn 10 days Irom Buye,'s recelpl 01 Seller's noUf~allon, lalllng wI,~h lIuye, will close in
18 accordance with this Contract and receive all payments made by the govemment authority or insurance company, n any.
~--*~ IV /l
J9 TITlE ~r"C.,A'-
III 8. TITLE: Seller will convey marketable tiUe lo the Property by ~ warranty daad or trustee, personal representative
II or guardan deect as appropriate to Seller's status.
12 (0) Till, ~vldence: TiUe evidence will show legal accass 10 \he Prq>erly and maI,etable nUe 01 record In Seller In
13 accordance with current tiUe standards adJpled by lt1e Florida Bar, Subject only to the following Ude exceptions, nons of
H which ~event ~..wett of Ute Property: covenants, ecsemenls and reslricUons of record; matters 01 pt&l; exlsUng
45 zoning and QOvemmen regulaUons; 011. gas Md minerai rights of record if there is no righl of entry; current taxes;
" PmJages thlll lIuy ~urne;, and ancurr/Jrances thaI Seller wOI lischarge alar before closing, Seber will. prtor to
J..- 1.<< 1:0 'J<;04. f:\s ~(;\ F"OlT~ \..... fO\p..A..'i,,""'~\"" L,J.) I... ~ ~
11' PUVIlf (~l-I and Seller ~) ac,nowledge recelpl 01 n copy 01 this page, which Is Page 2 of 4 Pagas, ~, "
VAC-2x 12196 Cl900floll~aAssoclaUol"I"f REALTORSIIlicen:>edlo CSF. AI Rights Re~rved 1000001.30\1&4
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In ,Ihe COUl)\y whera tha PrqJ<llly I. localad (speclly In Paragraph 5(c) Ihe ..Iecled Iype) SeU.r will usa opUon (I) In I'~m
Beach COIlnty llndopUon (2) In Dade Go,dy,
III A INk> Inouron.. commllmenl Issued by . flonm.icensed UU. In.ur.r In the amount ot Ihe porohas. prlce and
sWjeelonly l:> UU. ""cepllon. ..I forth in lhis Contract
12) Ail ,xlalln~ .bsUo.1 01 UU. from a Illpul,*"a and .~sUng abstract Unn (It Unn I. nol e~sUng. then abstracl musl be
.eroUed .. conacl by an e~sUng f"m) purponing to be an accurata synopsis ot tha Inslrumenls affacUng UUe 10 the
Property recorded in the p,j,l~ recorns ot tha .ounly where the Property Is located and canit1ad 10 EffacU'a Data
Howav'll If .uch an abstract Is not avallabla 10 Sellar, U,en a prior owner', IllIa poUcy acceptabla to the proposed insurar
as a basa for relssllanca of covaraga, SeUer wtIl pay for coplas ot all policy excepUons and an ~ta In a lormal
a""l'table to lIuyOl'o closing agenl from !ha poI~y affeeU'a dala and ceronod to lIuyOl or lIuyOl'o cl06lng aganl,
logethar with coplas of aU documanls ,"clled In the prior policy and In tha updiJta U a prior JlOI~y ts nol avallttble to
Soper lhen (1) abOve wiD be the Utle evidence. Title e";Qenca will pe delivered no later Ulan 10 days belore Closing Data.
(b) nUe Examlnallon: Buyel will examine Ule UUe evidence and deliver w, rlUen noUce 10 Seller, wllhln 6 days ITom receipt
br dUe evldence bul no tater Ulan closing, or any defects thai make the UUe unmarketable. Seller wUI have 30 days from
receipt of BuVer'. (loUce 01 defects ("Curative perlod') 10 cure the defects al Seller'i expense. II Seller cures the
delects within Ihe CuraUve Period, Seller 'Nill deliver written noUce ~o BuVer and the parties will close the transaction on
Closlf'(j DeIa Of wilhln 10 days from lIuyer', race~1 of Seller', nolloa If Closing Dale has pessed, II SeUer Is unablo to
cure !ha delecls wilhln tha Curative Period. Seller wiU deliver wo~en noUca to lIuyOl pnd lIuyer wii. y,llhin 10 days Irom
reeaipt 01 S~Her'. noUca, alUler cancallhis Con~acl or a""l'l U~a '(lith exlsUng defeels and closatha ~ansacUon,
(0) Survey: p.yer may, pllor 10 Closing Dale and al lIuyer', expense, have tha property s""eyed and deliva, woUan
noUca 10 SeIle'b With" 5 mys Irom rllGeipt 01 survey bul no Ialal than closing, of any encroachmants on the Prapr>ty,
ancroachments y Iha Properly's Improvemanl, on' other lands or deed ra,mctlon or zoning violations MY .UGh
ancroachmeol or ,100allon w~1 ba ~eafed In U,a same m6/lJl8f as a UUa deleel and lIuye,'s and Sello,'s obIigaUons wlU
be delermined In accordanca wlU, subparaglaph Ibl above, If any part of the Property /los seaward 01 tha coastal
construcUon control line, SeUer wUI provide Buyer with an atfldavlt or survey as required by law dlHneallng the line's
looaUon on Ihe prcperty, unless Buyer waives this reqlirernent In wrlUng
115 MISCEllANEOUS
116 &, ~ff~CTlVJ: DA1~; liME: The "Elfectlve Dale" 01 \tjs Con~acl Is the data on which UIO lasl 01 tha panies inlOals or
In ~gns the Iatesl oUa.. lime I, 01 Ibe ..,ence lor all provl,lo.. of Ihl, Contracl. All Uma peoods wl~ be colfllulad In
116 business mys (a 'buslness day' Is avery calendar dey excepl Salurday, Sooday and naUonal legal hellmys), If any
1/' dea<lIna l'1iIs on P Splliday, Sunday or naUon~ jegat holimy, performance will be tIJe the nexl business my, All Uma
'00 pena<E will and al500 pm local Uma (meaning in the cOllnly ""ere !he Property Is localed) 01 !he approprlale day
10' 10. NOTlCI'S: All nol\ces wUl be made III Ihe pani.. and Brokal by mall, person~ delivary or a1ec~onla mada lI.yOl's
10' Iallure 10 ~e1,lver llmely wrllten nolleo 10 Sello,. when such nollo~ I, requlr'~ by Ihls contract, rega,~lng any conllngencle,
10' ...11I ,en~er Utal conllngency null an~ void and 11'0 Conlracl will be construed a,lllhe conllngency did not exlsl
16' 1l COMP~ET~ AGIlE~ME~l: This Contracl Is tha enUra agreament betwean lIuyOl and Sellar. Except lor broke,age
185 agreemenk, flO prior Of ffesept agreements will bind Buyer. Seller or Broker unlen Incorporated mta lhli Contr~ct.
I6S Modficaions of this Con~ac will nol be llntlng uruess In woUng, signed and dellve,ed by Ihe party 10 be bound, Signatures,
IBl lnillals, documents rafOlenced In this Con~acl, counlarparta end woUen rrodUcaUons COfl'/Tlooicatad e1eetrorJcatiy or on paper
'" wUl be acceptab1P for all purposes, 1",luelng dell,ery, and 1'111I be bll'<lng, HantIMlltan or lypewtillen tarms Inserted In or
189 altached to lhls Contract prevaU over preprinted terms. If any provision of this Conu-a:;t is or becorn, as Invalid Of unenforceable,
190 all remaining provisions will conUnue to be tully effecUve. This Contracl "NtU nol be recorood in any public records
m 12. ASSIGNABIUTY; PERSONS BOUND: Buver may Mt assign this Contract without Seller'1i written consent The terms
192 "PUVer,' 'Sener,' and 'Broke~ may be slnglJlar C; plural. This C,onlIact Is binding on Ihe heirs, a~n1stratocs, executors,
193 personal representatives and assigns (if pemlitled) of BuVer, Seller and Broker
of:. O'bl"l..U1 ,.... U,lj...\v'€,e Rc:d'(
19i DEfAULT AND DISPUTE RESOlUTklN C\1'{ tD~ A'IEtl.u2.A. \'\o~\oeJ\JM.
195 13. DefAULT: loj. SeUer Default: II for ao,Y reason other \Ilan failure of Seller to make Seller', liUe marketat:Ae altev\dligent effort, ~. I
196 SeMer fails, re uses Of neglects 10 perfonn thIs Contract, Buyer may choose to receive a retum 01 Buyer'. deposit wilhoutl--.::t~\
'" wal'llrQ lI,a nt 10 sll<lit damagas or 10 seei< specific pertonnance .. per Paragraph 1&. SeU" :,.1 ~.. ~. 11...1. Ie 8rel,or Illf\Q
190 the UI awn rf I~" t'rr~:rl1t1 fia. (b) Buyer Pefault; II Buyer laUs ,to perfonn this Contract within the time ~ifie<l inclucing
'" ~ paymen 01 all ~11s. SeUer may choosa to relaln .nd coUeel aU deposits paid and a reed 10 be ,Id as r looted
~ or 10 sea1< 'fleelfic f"lrtom>a",a as par Paragraph lS; . Mil
'"
:oJ quasUO/1 !h. as arising 0Il1 of or relaUng 10 Ulls Con~acl or ils creach will be s~l~ed as follows:' ,
lCj lal DI'CU oncOlnlng enllU...enl 10 dopo,11a ma~e and pg'ee~ to be made: lIuyerand Seller will have ys trom
'" lhO.... COIl c demands are made to a1le"t'l to rasolve the dspule through medlallon If that ,Escrow Agenl
'" wUI s1Jlml1 tha lisp", '0 rll<Jllred by F10rlrja law. 10 Escrow Ag~nt's choice 01 arbllraUo lorIda colil or ~1O
2111 f1~ Real Eslata Comrrlsslon " and Seller wUl be bound by any resulllng seWeman! or order,
2lle (bl All pUter ~I'puteo: lIuyer eller wiU IlOvo 30 days kom !he dale a t1spul ses between tham 10 altaC1'jl1 to
'00 reSal" themallarthroughmetlaUOfl.lIlnwhichlllapanieswlll ,a a dspula through neu~aI blntlng
210 .r~IUa"on In !ha counly whara the Property ocaled lba amltrator nol altar the Con~acl la"", or award any
2" remedy nol pro'llded lor In Ulis Contract Tha 1'1111 be b on tha grealer welghl of the a'lldenca and wiD
212 slate fJnd~s- of fact and the contrachlal authority on s based. U U\e parties agree to usa dScovery, il wiU
21' be In eccor<tlnca with Ula Florida Rutas 01 CMI and U,a amltralor will rasolve all t1scovery.relatad
'14 lI'f'Jla. N'y lIspules with a real eslala 1I0en amed In Para 17 wUl be slJbmi~od to artII~aUon only II !he
216 licensee's prt*er consents In writing to become ape proceedng This clause W1 va closing
~16 (c) f.tedlaUon and ArbllraUon; Expen . edaUon~ Is a process in which p atterrpt to resolve a dspula by
217 sl-bmlttirij K to an Impartial med Who facilitates the resolution 01 the dspute but nol elT{>Qwered to iilflOse a
2ro setUemenl on the parties. .on will be In accordance with the rules 01 Ule American 00 AslloclaUon or other
219 meciator ~greed on b e parUes. TIle panies will ~qually cjvide fue medationfee, if any. "Arb! ' . Is a process In
220 which Ule ~ oIve a d~ute by a hear1nQ pelore a neutral person who decides the malter and 00c161on Is
221 blndn 0 parties. Arbilradon wiD be In accordance with Ul6 rules of the American ArbitraUon Assocla 0 olher
m ami agreed Ofl by tha eroas, Each rty to any arbl~ation 1'111I ay Its own lees, cosls and axpensa" Inc
223 . . I '
n\' lIuyOl (~ L-.l and Soile, _ l ' . ) acknowledga reeeipt of a copy 01 this page, which Is Page 3 of 4 Pages, ~\
VAC-2lt121Q6 Cll996FlottdaA=iaUonolREAllOllS&U"""...dIoCElF A~fliQtl1.sR..ser",d J:i~
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escrow arA .~ ill i;\ealanca. <isbul.. 1I,.m upon P''1'ar authonzaUon allll ., accordance WIth II.. larm. 01 Ihi.
Con~ljll', 1nCI'!'Inu <iO\ll<slllQ braltarag. I.a. Th. paroa. agra. lhal E.crow Aganl WIll not t>. llabl. ,10 any parf\Ofl 1<<
I1li:;<\aliVOi'/ 01 aQCrowa~ 1Wir" 10 SaVef or 5.II.r, uniess ill. ml.delivOi'/ I. dua 10 E",row Ag.nl's wdllul br.ach 01 !hi.
Cor,Iril'1 Of ll"!" negU_, I! Escrow Ag.nt Inlerplea<ls II.. .ullj.cl mat.... 01 U" .""OW, E.crow Au.nl wiU pay lI1a
fjl!>Q 1ll'lS lli\tI co.1a Irom tha deposll and wdl recovar raasonilhl. allorl1"Ys' laes and oo.ls 10 P<l paid Irom lI,a
!lOCfl1tl.~ fuIl~ Of aqulvalanl and charg.d and awarQad as co,,1 co.l. In lavor 01 tha pravRiUllQ party, All claim.
aQilinsl E"'roW AijaPI wiU Ii<l ar\JllIaled, so long as Escrow Ag.nt con",!,1a 10 arlJilIala
Iii. rfllJf"~~1ll ~ AilVICI'; IlROIIER ~1AIl1I-1T'I: Bro~ar erlllses Il"V'" anti 5.II'r to varily all lacls anti rapresenlaUons
1I\il1 are' " 10 U,efl\ and 10 consull an "flllropriala prol...,lonal lor lag~ arllica (lor .>ampia, irllarp,.ling oon~ar:Ia,
<jeWfnjfllnU . allacl of laws on tha Prllfl'!ny an~ ~ansacllon, .laIus 01 IIUa, lo,algn inveslor reporting r!!qulramallls. alt;,)
M~' - for ~. property "cod lOll. eOlJlrorunental an4 alher specl~Uzed adJlce. Qu~er a,*oo-.1eQwes lha~ Broker does not
rm Ih ih. Propitny anti thai all raprasanlallon. (ll(a1, wrlllan, or othafyl1.a) by Brch, ora ha.ad on S'U'f
rilP.!es",laijon. Of ~Uc recortls <<Plass Bto,ar InQjcala. pa"onal v."I~aUon 01 U,a repca.anlauon llaVlll ilIlra.. 10 ,alv
lalelV all ~~l!!, prola..ioni!l 1"'P,.c1o" .n4 aov""'Tlenlal 'ae~cl", for verlficallon of lIla ProperW .0ndlUon iIl14 f....
Illil 11lil"l1fl1lv llIl'c1 Proparty value, Ilov.r and 5eU'f respecljvelv Wnl, prlV all cosl' 'M axpense.. irlclotlnQ ,a.",,,,",,"
.I\arflay" fOOl III ail level" Incurretl P1 aralter an<l aro'er'. oW~"', clrecior', ag.nla and 6fIl'I01'" In conndon WIth
Of llfisinll from PayOf" or $.\10(, ffiI..laItlmar~ Of fail..a lo prlrtOfm conlIaclual t:/Jlillilllons, , ,llnVef an<l 5eUe, holtl
I1wm1a.. fll\tl rejea", Illo~a, and Bro,er. o16ca". clroolo". aQ6nls and amployaa, ltom ~I habdrly lor loss or damaQa
l>asaq il!l I1l Paver', Of 5,"a(. mlsslalamanl or lailura 10 partll(m oonlraclual t:/JliQillion,; (2) Bro,et. perlormance, al
lloV'!!" ilIllVrlf 6'M'r', raqu.sl. 01 anI fas~ bayontl Iha "''f'" 01 'aMco, ragulaled hI ChaplBr 475, fS, as amanded,
Ilfl'itnl! Brol<a(. ralerral, recornment\lUon 0' ralanUon 01 any vendor; (3) prlllluc1s or ",'/Ica, provlQatl hy any ven<pr;
""~ (4). ~ Incurrerl l1y any ven~r PmOf ,and seper aacl1 assume lull raspon,\lJiIill lor ..IOOIinQ anti
COl1lfll'!lSlltrng 1I1e11 r",peenva verWr' m, paragr' r wdl nol relleva Bro,o, 01 'falulol'/ oIJUQellons, for purposes 01 !his
pwawilf'/l, arol<er wdl he Irealed a, a part)' 10 II;, ConlIacl Ii. prlragr"fh will 'Uf\live ciosillll,
11. PRO~"S: TI1. IIC6OSoo(') anti pro,ar6Qa('1 nameQ 06101'1 we coUeenv"'l roleoed 10 as 'Bro'ef.' S.Mer anti Iluver
ilcI<Iio\\1~a ihel U,. brol<"aQfl(') namotl helow ar. II.. procurifil cau'a 01 illls lIansacllon In.lIucUon to Clo.lnll AII.nl:
Se"el an4 Pay!! (jreel closinQ .genl 10 clsPurse al closing Iha, lun amounl 01 ille bro~eraga I..' as 'Pecill.~ In .eparala
p,ol<Oflllle ll!JeilJnanl. wiill lI,a parnas and cooperaUve agraernerrto belween tha bro,ers, unle.. aro~... lla. reiBlned .uch
leeslrom Ilia e",ro etl IUfl~~II'a aIls.anea. 01 such iJrokarage agreamenla, clo,lna "iIanl Will tlistlurse pro,erage leas
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In a~ 'p'ec~ k<I~ltUon. 'TNs sbndilidlzed (Ollll ShO,U14 not be u.e41n. "'OIllJl:lell lransicllons or willi llxtemolvll ridllfS or additions This form Ii avahbk (Ilr uso bv UBI
~nqr fQalllm~.~4ij$~ in41. not lntendll410 lden. illll user ilS a iUYJ.TOR. ~ll'OR Is iI regliterll4 coUeqJviI membmlllp mill" U\al mil~ ~e used oo!r lIV real
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4eljffeeA 5Q p.imll-ea 55 Deconda Wetlt j,jlong thet10rth Una ot ttle 8outhuet;t 1/-a. of said
lIf'ct40p 3. 'or 610.:106 feet to the Nocthlielil corner at UH~ ~iH;t l/~ of UHj, NoL't.heafit
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CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, City
TO: City Council
DATE: December 8, 199]
SUBJECT: - Happiness, Inc.
December 16, 1997 City Council Meeting Agenda Item li
RECOMMENDATION
It is recommended that the City Council grant the Waiver Request for the moratorium
subject to the enclosed conditions.
BACKGROUND
Ordinance No. 97-22 created a moratorium upon the issuance of development orders
concerning development within the Marina Area and Hospital Area within the City.
Section 2 of the Ordinance provides that the City Council may grant a waiver when the
City Council determines, based on substantial competent evidence, that the specific
use or activity will not detrimentally affect the preparation and implementation of the
City Plan and will be compatible with surrounding land uses.
Property Information Location
Owner:
Location
Zoning Classification:
Proposed Use:
Proposed Variances:
Happiness, Inc.
2900 N.E. 18Sth Street
IU-2 Industrial Heavy Manufacturing
Seawall, Docks and Boat Basin Construction
None Identified at This Time
North:
South:
East:
West:
Industrial
Canal/Industrial
Industrial
Industrial
The owner originally planned to construct a boat manufacturing facility on the site.
However, due to discussions held by the City regarding possible changes to the uses in
Memo to City Council
Page 2
the area, the owner plans to take no action until the City's Master Plan is finalized.
However, the construction of the seawall, docks and boat basin could be utilized for all
uses including residential and commercial, as it is parallel to the shoreline.
Based on the proposed improvements not having a detrimental effect on the
preparation of the Comprehensive Plan, it is recommended that the waiver be granted
subject to the following conditions:
1 . That the waiver be granted to a specific project and owner;
2. That the work be prepared in conformance with the Master Plan for the
moratorium area, if available, as approved by the City Council as part of
the Comprehensive Plan.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0425-97
HAPPINESS, INC.
2900 N.E. 188lh Street
Aventura, Florida 33180
Tel (305) 931-4292
Fax: (305) 931-0088
November 4,1997
Mr. Eric M. Soroka, City Manager
City of Aventura
2999 N.E. 191st Street, Suite 500
Aventura, Florida 33180
Ref: Construction of seawall, docks & boat basin
Dear Mr. Soroka:
Happiness, Inc., is the owner of the property located at 3250 N.E.188th Street
The property is bordered on the north by 188th Street and on the south by a
canal.
In January of 1995, Happiness, Inc. applied for permits to construct a seawall,
docks and a boat basin along the northeastern end of the canal with Dade County
(DERM), the State of Florida (DEP) and the Army Corps of Engineers. Issuance
of those permits was delayed until recently in order for an official Manatee
protection plan to be adopted by Dade County.
We are now prepared to close with DERM and DEP and pay the permit fees,
receive the permits and go forward with the work.
Since this action is a property improvement along the shoreline rather than the
construction of a building, logically, the Moratorium (Ordinance No. 97) does not
apply.
Please confirm that we may make this property improvement without a Moratorium
waiver and direct us to the appropriate person within the City of Aventura
Government to whom we should make application for any necessary permits.
Your prompt attention would be most appreciated since we now have
approximately three months to begin work before our application with DERM
(!f~i{{]g. Pleage call me at 931-4292 with any questions.
Sincerely,
~) z.~, cJi:2J:.:'~
C. Everett Sutton
1000
o
000
2000
AREA LOCATION MAP
(I
1
,
3000
4000
5000
6000
7000
8000 Feet
Water
_J Property
w
N
s
E
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Council
DATE:
December 9,199
FROM:
SUBJECT: Moratorium Waiver Requ - George Aranda
December 16, 1997 City Council Meeting Agenda Item II
RECOMMENDATION
It is recommended that the City Council grant the Waiver Request from the moratorium.
BACKGROUND
Ordinance No. 97-22 created a moratorium upon the issuance of development orders
concerning development within the Marina Area and Hospital Area within the City.
Section 2 of the Ordinance provides that the City Council may grant a waiver when the
City Council determines, based on substantial competent evidence, that the specific
use or activity will not detrimentally affect the preparation and implementation of the
City Plan and will be compatible with surrounding land uses. The request involves a
permit application to construct two interior drywalls. One wall in each of two units is
proposed. The City Attorney has advised that a building permit does require a waiver
from the City Council. Based on the minor interior revisions to the structure and the fact
that the request would not have a detrimental effect on the preparation of the
Comprehensive Plan, the waiver is recommended for approval by the City Council.
Property Information Location
Owner:
Location
Size:
Land Use Designation:
Zoning Classification:
Proposed Use:
George Aranda
2911 N.E. 214th Street
.23 Acres, 9.900 square feet
Low Density Residential
RU-3M, Minimum Apartment House
Residential / Quadplex
Proposed Variances:
None Identified at This Time
Memo to City Council
Page 2
North:
South:
East:
West:
Undeveloped and Developed Residential
Undeveloped Commercial
Undeveloped Commercial
Undeveloped and Developed Residential
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0430-97
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
FROM:
TO:
DATE: December 2, 1997
SUBJECT: Waiver of Moratorium
At your direction, I have discussed the attached request for a Building Permit with
David Wolpin, City Attorney. Mr. Wolpin has informed that this request must proceed
to the City Council for a waiver from the moratorium, as it is a development permit.
George Aranda
17740 N.E. 13th Ave.
North Miami Beach, FL 33162
U.S.A.
Phone 305 956-5723
Fax 305 947-4500
November 21, 1997
CITY OF A VENTURA
2999 N.E. 191 St. Suite 500
Aventura, FL 33180
Mr. Eric M. Soroka
RE: Permit Approval
Process Number: BL9800312
Address: 2911 N.E. 214 Street
Aventura, FL 33179
Dear, Gentlemen:
I respectfully request a permit approval on the above referenced project
denied by the Building Division (Zoning) due to the fact that my property falls within
moratorium area.
My request is based on the following facts:
_ The permit is required to build two interior drywalls which do not affect the entire
conformation of the existing house.
-Plans are approved by: Building,Structural,Electrical and Plumbing
Please find attached:
-Approved plans (City copy and Job copy)
-Critique sheet
OFFICE OF THE
CITY MANAGER
Sincerely,
Gog,f:!f
RECEIVED
NOV 2 4 1997
. -----
, '
PROCESS NUMBER ~ l if ~ 0 0 -3 11-
ADDRESS 2-q II flf ?I 4- 'Sf~+
CRITIQUE SHEET
PROCESSING FEE $
TOTAL $
APPROVED FOR PERMIT
INITIALS
DATE
ZONING
PLUMBING
MECHANICAL
ELECTICAL
STRUCTURAL
BUILDING OFFICIAL
DATE
COMMENTS
INITIALS
[1-1'1'11
1;otJING.
if/ ur
~:'~d~~~
MINUTES
CITY COUNCIL MEETING
TUESDAY, NOVEMBER 18,19976:00 P.M.
Columbia Aventura Medical Arts Building
21110 Biscayne Boulevard Suite 101
Aventura, Florida
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Vice Mayor Jay R. Beskin. Present were Councilmembers Arthur Berger, Ken
Cohen, Harry Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor
Beskin, Mayor Arthur I. Snyder (arrived at 7:20 p.m.), City Manager Eric M. Soroka,
City Clerk Teresa M. Smith, and City Attorney Richard Jay Weiss. As a quorum was
determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Mr. Zemlock led the pledge of allegiance.
3. ZONING HEARINGS - SPECIALLY SET BY COUNCIL FOR 6 P.M.
Ex-parte communications by Council, if any, were disclosed and filed with the City
Clerk in accordance with Ordinance 96-09. All witnesses giving testimony in this
hearing were sworn in by the City Clerk.
A. APPLICANT: RAINFOREST CAFE, INC.
Mr. Weiss read the following resolution by title: ,
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, GRANTING
SPECIAL EXCEPTION APPROVAL FOR
PROPERTY LOCATED AT 19501 BISCAYNE
BOULEVARD TO PERMIT AN ADDITIONAL
RESTAURANT WITH A COCKTAIL LOUNGE-BAR
WITHIN A SHOPPING CENTER WHERE ONE (1)
SUCH RESTAURANT WITH A COCKTAIL
LOUNGE-BAR IS PERMITTED IN A SHOPPING
CENTER; PROVIDING FOR AN EFFECTIVE DATE.
Vice Mayor Beskin opened the public hearing. Jaye M. Epstein, Community
Development Director, explained the application. The following individuals
addressed Council: George Berlin, Turnberry & Associates; Tim Smith, Director of
Operations for Applicant; and June Stevens, NE Del Vista Court. There being no
further speakers, the public hearing was closed. A motion to approve the request
was offered by Councilmember Cohen, and seconded by Council member Holzberg.
The motion passed (6-0) by roll call vote and Resolution No. 97-79 was adopted.
B.
APPLICANT:
AVENTURA SHOPS, INC.
At the request of the applicant, a motion to defer this matter until December 16, 1997
was offered by Councilmember Rogers-Libert, seconded by Council member Cohen
and unanimously passed.
The meeting recessed until 7 p.m.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the November 4,
1997 Council Meeting was offered by Council member Rogers-Libert, seconded by
Councilmember Perlow and unanimously passed. A motion to approve the minutes
of the November 10, 1997 Workshop Meeting was offered by Councilmember
Rogers-Libert, seconded by Councilmember Berger and unanimously passed.
5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS:
Council member Perlow requested removal of items 7 -A and 7 -C from the Consent
Agenda.
6. SPECIAL PRESENTATIONS: None.
7. CONSENT AGENDA: Mr. Soroka explained each item on the Consent Agenda. A
motion for approval was offered by Councilmember Rogers-Libert, seconded by
Council member Cohen and unanimously passed, thus the following action was
taken:
B. Resolution No. 97-80 was adopted as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING
THE CITY MANAGER TO EXECUTE THE
ATTACHED INTERLOCAL AGREEMENT FOR
PROFESSIONAL SERVICES ASSOCIATED WITH
NPDES OPERATING PERMIT BY AND BETWEEN
THE CITY OF AVENTURA AND METROPOLITAN
DADE COUNTY DEPARTMENT OF
ENVIRONMENTAL RESOURCES MANAGEMENT;
AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS
OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
The following items were removed from the Consent Agenda and addressed
separately:
A. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA ESTABLISHING INTERIM SERVICES
FEES FOR PROPERTIES NOT YET INCLUDED IN
THE COUNTY'S TAX ROLL; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR
CONFLICT; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
Mr. Soroka explained the purpose of this proposed ordinance. Council member
Perlow explained his request to remove this item from the Consent Agenda for
public discussion. A motion for approval was offered by Councilmember Berger
and seconded by Councilmember Rogers-Libert. An amendment was offered by
Councilmember Perlow, seconded by Councilmember Rogers-Libert and
unanimously passed to amend the definition of Certificate of Occupancy. An
amendment was offered by Council member Perlow, seconded by Councilmember
Berger and unanimously passed to emphasize in the Whereas Clause that this is
only to reimburse City for anticipated additional costs and expenses for construction
of new buildings. The motion to approve the ordinance, as amended, passed
unanimously by roll call vote.
C. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING
THE CITY MANAGER TO EXECUTE THE
ATTACHED WORK AUTHORIZATION NO.
15414.39 TO PREPARE CONSTRUCTION
DOCUMENTS FOR NE 183RD STREET FOR
PROFESSIONAL SERVICES BY AND BETWEEN
THE CITY OF AVENTURA AND KEITH AND
SCHNARS, P.A.; AND PROVIDING AN EFFECTIVE
DATE.
Mr. Soroka explained this project. Council member Perlow explained that he
removed this item from the Consent Agenda in order to address budgetary
concerns. (Mayor Snyder arrived during this discussion). A motion for approval
was offered by Councilmember Rogers-Libert and seconded by Council member
Berger. The motion passed unanimously and Resolution No. 97-81 was adopted.
8. PUBLIC HEARINGS: MORATORIUM WAIVER REQUEST
3
MOTION TO APPROVE REQUEST BY EDDIE YEH
AlK/A HUAN HUI YEH FOR WAIVER FROM
MORATORIUM, SUBJECT TO CONDITIONS AS
OUTLINED IN CITY MANAGER'S MEMORANDUM
DATED NOVEMBER 14,1997
All witnesses giving testimony were sworn in by the City Clerk. Mr. Weiss explained
the request. Cliff Schulman, Esq., 1221 Brickell Avenue; and Bruce Farrity, 1353
Palmetto Avenue, Winter Park, FL 32789, addressed Council. A motion to table this
item until the December 16, 1997 meeting pending receipt of additional information
was offered by Councilmember Cohen, seconded by Councilmember Rogers-Libert
and unanimously passed.
9. PUBLIC HEARINGS: ORDINANCES - FIRST READING
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA; PROVIDING FOR AMENDMENT OF THE
CITY CHARTER BY AMENDING SECTION 2.02
"MAYOR AND VICE MAYOR", TO CLARIFY
ANNUAL APPOINTMENT OF VICE MAYOR;
AMENDING SECTION 2.05 "VACANCIES;
FORFEITURE OF OFFICE; FILLING OF
VACANCIES" BY AMENDING SUBSECTION (C)
"FILLING OF VACANCIES" TO REVISE
PROCEDURE FOR FILLING VACANCY IN OFFICE
OF MAYOR AND COUNCILMEMBERS, REVISING
PROVISION WHICH PROVIDED FOR VICE MAYOR
TO FILL VACANCY IN THE OFFICE OF MAYOR;
AMENDING SECTION 3.05 "BOND OF CITY
MANAGER" TO PROVIDE THAT CITY COUNCIL
MAY BY ORDINANCE REQUIRE CITY MANAGER
TO FURNISH A FIDELITY BOND; AMENDING
SECTION 5.01 "ELECTIONS" TO REVISE DATE OF
ELECTION FOR MAYOR AND COUNCIL AND TO
EXTEND CURRENT TERM OF OFFICE; AMENDING
SECTION 8.07 "INITIAL ELECTION OF COUNCIL
AND MAYOR" TO CONFORM TO AMENDMENT OF
SECTION 5.01; AMENDING SECTION 7.03
"CONFLICTS OF INTEREST; ETHICAL
STANDARDS" TO ENABLE CITY COUNCIL TO
ADOPT ADDITIONAL CODE OF ETHICS
REQUIREMENTS; AMENDING CHARTER BY
CHANGING THE DESIGNATION OF THE CITY
"COUNCIL" TO THE CITY "COMMISSION" AND
4
SUBSTITUTING FOR THE TERM
"COUNCILMEMBER" THE DESIGNATION
"COMMISSIONER", AMENDING ALL SECTIONS OF
THE CHARTER IN CONFORMITY THEREWITH;
PROVIDING REQUISITE BALLOT LANGUAGE FOR
SUBMISSION TO ELECTORS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CHARTER; PROVIDING FOR ADOPTION OF
ENABLING RESOLUTION; AND PROVIDING FOR
AN EFFECTIVE DATE.
Mr. Weiss reviewed each ballot question. An amendment was offered by
Council member Rogers-Libert, seconded by Council member Perlow and
unanimously passed that the appointment of Vice Mayor be twice yearly with the
exact date to be determined by ordinance. An amendment was offered by
Council member Perlow, seconded by Council member Cohen and unanimously
passed by roll call vote that the commencement of terms be set by ordinance
pending the outcome of the vote to change the election dates. An amendment was
offered by Council member Cohen and seconded by Councilmember Perlow that
Section 2.02(a) of the Charter be amended to provide that subcommittees be
appointed by the Mayor with Council approval. The motion failed 6-1, with Mayor
Snyder, Vice Mayor Beskin and Councilmembers Berger, Holzberg, Rogers-Libert
and Perlow voting no and Council member Cohen voting yes. The following
individuals addressed Council: George Feffer, Admirals Port; and Joseph Platnick,
Del Prado. A motion for approval of the ordinance on first reading, as amended,
was offered by Councilmember Berger, seconded by Councilmember Cohen, and
unanimously passed by roll call vote.
10. PUBLIC HEARINGS: ORDINANCES - SECOND READING
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, CONCERNING LIVE-ABOARD VESSELS;
PROVIDING ENVIRONMENTAL, SANITARY AND
HABITABILITY REQUIREMENTS FOR L1VE-
ABOARD VESSELS; PROVIDING FOR INVENTORY
AND INSPECTIONS; PROVIDING FOR
CERTIFICATE OF USE; PROVIDING FOR
ADDITIONAL RESTRICTIONS UPON LIVE-ABOARD
VESSELS WITHIN THE CITY; PROVIDING FOR
SEVERABILITY; PROVIDING FOR PENALTY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING
FOR EFFECTIVE DATE
.
Vice Mayor Beskin opened the public hearing. A motion for approval was offered by
Councilmember Rogers-Libert, and seconded by Council member Perlow. The
5
following individuals addressed Council: Steven Jewell, 4700 Jefferson Street,
Hollywood; Frank Warnhoff, 2695 Parkview Drive, Hallandale; Jordan Green, Esq.,
5805 Blue Lagoon Drive; and Mary Ann Hubbell, 7100 Island Blvd. There being no
further speakers, the public hearing was closed. Vice Mayor Beskin vacated the
chair, passed the gavel to Councilmember Rogers-Libert and moved to table second
reading of the ordinance. The motion, seconded by Councilmember Rogers-Libert,
failed. The motion for approval of the ordinance on second reading failed
unanimously.
11. RESOLUTIONS: None
12.0THER BUSINESS: None
13. REPORTS: As submitted.
14. PUBLIC COMMENTS: The following individuals addressed Council: Mr. Feffer.
15.ADJOURNMENT. There being no further business to come before Council at this
time, after motion made, seconded and unanimously passed, the meeting adjourned
at 9:20 p.m.
Teresa M. Smith, CMC, City Clerk
Approved by Council on
Anyone wishing to appeal any decision made by the City Council with respect to any matter considered at a
meeting or hearing will need a record ofthe proceedings and, for such purpose, may need to ensure that a
verbatim record of the proceedings if made, which record includes the testimony and evidence upon which
the appeal is to be based.
6
CITY OF A VENTURA
OFFICE OF THE CITY CLERK
MEMORANDUM
TO: City Council
FROM: Eric M. Soroka, City Manager
BY: Teresa M. Smith, CMC, City Clerk
DATE: December 11, 1997
SUBJECT: Adoption of City of Aventura Code of Ordinances
December 16,1997 City Council Meeting Agenda Item 7-A
Recommendation
It is recommended that the City Council enact the attached Ordinance providing for
adoption of our Code of Ordinances.
Backaround
All Ordinances (exclusive of budgetary and temporary legislation) enacted by the City
Council are forwarded to Municipal Code Corporation for codification. Council has
recently been provided with the initial Code of Ordinances which includes all
Ordinances enacted as of April 1, 1997. Ordinances passed subsequent to that date
will be included in supplements to the Code document.
The attached Ordinance provides for adoption of the Code, the method of amendment
and a penalty for violation of any provisions of the Code.
If you have any questions, please feel free to contact me.
tms
attachment
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
ADOPTING AND ENACTING A CITY CODE FOR THE CITY
OF AVENTURA; PROVIDING FOR GENERAL PROVISIONS;
ADMINISTRATION; ANIMALS; BUILDINGS AND BUILDING
REGULATIONS; BUSINESS REGULATIONS; LICENSES
AND PERMITS; CABLE COMMUNICATIONS; ELECTIONS;
ENVIRONMENT; PLANNING AND ZONING; SOLID WASTE;
STREETS, SIDEWALKS AND OTHER PUBLIC PLACES;
PROVIDING FOR PENALTY FOR VIOLATION; PROVIDING
FOR THE MANNER OF AMENDING SUCH CODE;
PROVIDING FOR WHEN SUCH CODE AND THIS
ORDINANCE SHALL BECOME EFFECTIVE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AS FOLLOWS:
Section 1. That the Code entitled "Code of Ordinances, City of Aventura, Florida,"
published by Municipal Code Corporation and consisting of Chapters 1 through 42, each
inclusive, is hereby adopted.
Section 2. That unless another penalty is expressly provided, every person
convicted of a violation of any provision of the Code or any ordinance, rule or regulation
adopted or issued in pursuance thereof shall be punished by a fine not exceeding $500.00
or imprisonment for a term not exceeding 60 days, or by both such fine and imprisonment in
the discretion of the court. Each act of violation and each day upon which any such
violation shall occur shall constitute a separate offense. The penalty provided by this
section, unless another penalty is expressly provided, shall apply to the amendment of any
Code section, whether or not such penalty is re-enacted in the amendatory ordinance. In
addition to the penalty prescribed above, the City may pursue other remedies such as
Ordinance No. 97-_
Page 2
abatement of nuisances, injunctive relief and revocation of licenses or permits. The Code
shall also be subject to enforcement in accordance with Section 162, F.S. et seq., the Local
Government Code Enforcement Act, as amended.
Section 3. That additions or amendments to the Code, when passed in the form as
to indicate the intention of the City Council to make the same a part of the Code, shall be
deemed to be incorporated in the Code, so that reference to the Code includes the
additions or amendments.
Section 4. That Ordinances adopted after April 1, 1997 that amend or refer to
ordinances that have been codified in the Code shall be construed as if they amend or refer
to like provisions of the Code.
Section 5. 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 6. Scriveners Error. Any scriveners error in the Code hereby adopted
shall be hereafter subject to correction by the City Clerk and no person shall acquire any
rights thereunder.
Section 7. Effective Date. This Ordinance shall be effective immediately after
adoption on second reading.
2
Ordinance No. 97-_
Page 3
The foregoing Ordinance was offered by Councilmember , who
moved its adoption on first reading. This motion was seconded by Councilmember
, and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Councilmember , who
moved its adoption on second reading. This motion was seconded by Councilmember
, and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Council member Ken Cohen
Councilmember Harry Holzberg
Council member Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 16th day of December, 1997.
PASSED AND ADOPTED on second reading this 6th day of January, 1998.
ARTHURI.SNYDER,MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
3
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
TO:
DATE:
SUBJECT: Traffic Control Jurisdiction Agreement - Coronado
December 16, 1997 City Council Meeting Agenda Item 1-/3
RECOMMENDATION
It is recommended that the City Council authorize the execution of the attached Traffic
Control Jurisdiction Agreement with the Coronado Condominium Association to provide
traffic control jurisdiction by our Police Department over the private roads within the
condominium. The Agreement will increase the visibility of the police force and
enhance traffic enforcement.
BACKGROUND
In our continued efforts to provide improved police services to the community, we have
initiated a program that allows a condominium to enter into an Agreement with the City
to provide traffic control jurisdiction over a private roadway within the development.
This permits the Police Department to conduct traffic enforcement activities on private
property at the request of the owner.
Florida State Statute 316.006 allows municipalities to enter into such agreements
provided they are reimbursed for the actual costs of traffic control and enforcement, the
owner agrees to indemnify the City and provide liability insurance.
The City will bill the owner $25.00 per hour for each officer required to perform the
traffic enforcement detail when requested by the owner. Whenever possible, traffic
complaints made by the occupants of the property will be responded to and handled as
a call for service, without charge to the owner.
Memo to City Council
Page 2
The program has been received well by the community and I anticipate many other
condominiums entering into similar agreements with the City for traffic control
jurisdiction.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0419-97
RESOLUTION NO. 97-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED TRAFFIC
CONTROL JURISDICTION AGREEMENT BETWEEN THE
CORONADO CONDOMINIUM ASSOCIATION, INC. AND
THE CITY OF AVENTURA; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Traffic Control Jurisdiction Agreement between the Coronado Condominium
Association, Inc. and the City of Aventura.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The
foregoing
Resolution
was
offered
by
Council member
, who moved its adoption. The motion was seconded by
Councilmember
, and upon being put to a vote, the vote was as
follows:
Councilmember Arthur Berger
Councilmember Ken Cohen
Resolution No. 97-_
Page 2
Council member Harry Holzberg
Council member Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Vice Mayor Mayor Arthur I. Snyder
PASSED AND ADOPTED this 16th day of December, 1997.
ARTHUR I. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMSltms
I TRAFFIC CONTROL
F,S.1995
3
horsepower and not capable of propelling the vehicle at
a speed greafer than 30 miles per hour on level ground;
and with a power-drive system that funcfions direcfly or
automatically without clutching or shifting gears by the
operator after the drive system is engaged. If an internal
combustion engine is used. the displacement may not
exceed 50 cubic centimeters.
(78) NONPUBLlc SECTOR BUS.-Any bus which is
used for the transportation of persons for compensation
and which is not owned, leased, operated, or controlled
by a municipal, county, or state government or a govern-
mentally owned Of managed nonprofit corporation.
(79) WORK ZONE AREA.- The area and its
approaches on any state-maintained highway, county-
maintained highway, or municipal street where con-
struction, repair, maintenance. or other street-related or
highway~related work is being performed or where one
or more lanes is closed to traffic.
(80) MAXI-CUBE VEHlcLE.-A specialized combina-
tion vehicle consisting of a truck carrying a separable
cargo-carrying unit combined with a semitrailer
designed so that the separable cargo-<:arrying unit is to
be loaded and unloaded through the semitrailer. The
entire combination may not exceed 65 feet in length,
and a single component of that combination may not
exceed 34 feet in length. .
(81 ) TANDEM AXLE. -Any two axles whose centers
are more than 40 inches but not more than 96 inches
apart and are individually attached to or articulated
from, or both, a common attachment to the vehicle.
including a connecting mechanism designed to equalize
the load between axles.
HiItOtJ.-s. 1, ro. 11-135; s. 1, ch. 72-179; s. 1, ch. 7"'~213: 6. 1. ch. 76-286: s.
1, Ch. 77-174; s. 1, ell. 80-316; B. 23. ch. 82-186: s. 1, ch. 83-68: 8. 1, en. 83-164;
II. 1. ro. 83-188: 8. 1. ch. 83-296; s. 1, ro. 64-2&4; s. 9. ch. 85-309: s. 2, ell. 87~:
8.5. ch. 87-161; s. 1, ch. 87-178; s. 1, ch. 67-270; s. 3, ell. 86-91; s. 2, ch. 88-93;
6.4, ch. 86-133; So 63. ch. 00-282; s. 3, ch. 9'.....'8: s. 8. ch. 94-306: 8. 893, ch.
95-148; s. 1, en. 95-247.
1Note.-SubStituled by the editors !of . reference to s. -403.703(23); to oontorm
to the redeSignatlon of subSeCtions pursuant to s. 8, ch. 93-207.
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316.006 Jurisdictlon.-Jurisdiction to control traffic
is vested as follows:
(1) STATE.- The Department of Transportation
shall have all original jurisdiction over all state roads
throughout this state, including those within the
grounds of all state institutions and the boundaries of all
dediCated state parks, and may place and maintain
such traffic control devices which conform to its manual
and specifications upon all such highways as it shall
deem necessary to indicate and to carry out the provt-
sions of this chapter or to regulate, warn, or guide traffic.
(2) MUNlcIPALlTIES.-
(a) Chartered municipalities shall have original juris-
diction over all streets and highways located within their
boundaries, except state roads, and may place and
maintain such traffic control devices which conform to
the manual and specifications of the Department of
Transportation upon all streets and highways under their
original jurisdiction as they shall deem necessary to tnd,-
cate and to carry out the provisions of this chapter or to
regulate, warn, or guide traffic.
(b) A municipality may exercise jurisdiction over any
private road or roads, or over any limited access road or
roads owned or controlled by a special district, located
n-
'g
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1e
m
:h
or
u-
of
of
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ln
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716
I
F.S. 1995
STATE UNIFORM TRAFFIC (
within its boundaries if the municipality and party or par-
ties owning or controlling such road or roads provide, by
written agreement approved by the governing body of
the municipality. for municipal traffic control jurisdiction
over the road or roads encompassed by such agree-
ment. Pursuant thereto:
1. Provision for reimbursement for actual costs of
traffic control and enforcement and for liability insurance
and indemnification by the party or parties. and such
other terms as are mutually agreeable, may be included
in such an agreement.
2. The exercise of jurisdiction provided for herein
shall be in addition to jurisdictional authority presently
exercised by municipalities under law, and nothing in
this paragraph shall be construed to limit or remove any
such jurisdictional authority. Such jurisdiction inciudes
regulation of access to such road or roads by security
devices or personnel.
This subsection shall not limit those counties which have
the charter powers to provide and regulate arterial, toll,
and other roads, bridges, tunnels, and related facilities
from the proper exercise of those powers by the place-
ment and maintenance of traffic control devices which
conform to the manual and specifications of the Depart-
ment ofTransportation on streets and highways located
within municipal boundaries.
(3) cOUNTlES.-
(a) Counties shall have original iurisdiction over all
streets and highways located within their boundaries,
except all state roads and those streets and highways
specified in subsection (2), and may place and maintain
such traffic control devices which conform to the manual 316.'
and specifications of the Department of Transportation (1)
upon all streets and highways under their original juris- deeme
diction as they shall deem necessary to indicate and to street'
carry out the provisions of this chapter or to regulate, the re'
warn, or guide traffic. (a)
(b) A county may exercise jurisdiction over any prl- parkin!
vate road or roads, or over any limited access road or (b)
roads owned or controlled by a special district, located official
in the unincorporated area within its boundaries if the (c)
county and party or parties owning or controlling such biage'
road or roads provide, by wrillenagreement approved federa
by the governing body of the county, for county traffic (d)
control jurisdiction over the road or roads encompassed use b\
by such agreement. Pursuant thereto: (e)
1. Provision for reimbursement for actual costs of parks.
traffic control and enforcement and for liability insurance (f)
and indemnification by the party or parties. and such desigr
other terms as are mutually agreeable, may be Included tion.
in such an agreement. (g)
2. Prior to entering into an agreement which pro- (h)
vides for enforcement of the traffic laws of the state over (i)
a private road or roads. or over any limited access road or SpE
or roads owned or controlled by a special district, the Gl
governing body of the county shall consult with the sher- provis
iff. No such agreement shall take effect prior to October (k)
1, the beginning of the county fiscal year, unless this (I)
requIrement is waived in writing by the sheriff. (m)
3. The exercise of jurisdiction provided for herein acces
shall be in addition to jurisdictional authority presently (n>
exercised by counties under law I and nothing in this eled ~
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>95
STATE UNIFORM TRAFFIC CONTROL
Ch.316
IS boundaries if the municipality and party or par-
ning or controlling such road or roads provide. by
agreement approved by the governing body of
nicipality, for municipal traffic control jurisdiction
Ie road or roads encompassed by such agree-
::)ursuant thereto: .
Provision for reimbursement for actual costs of
;antral and enforcement and for liability insurance
jemnification by the party or parties, and such
,rms as are mutually agreeable, may be included
I an agreement.
The exercise of jurisdiction provided for herein
e in addition to jurisdictional authority presently
;ed by municipalities under law, and nothing in
ragraph shall be construed to limit or remove any
Jrisdictional authority. Such jurisdiction includes
ion of access to such road or roads by - security
s or personnel.
bsection shall not limit those counties which have
lrter powers to provide and regulate arterial, toll.
1er roads, bridges, tunnels, and related facilities
,e proper exercise of those powers by the place-
.nd maintenance of traffic control devices which
n to the manual and specifications of the Depart-
f T ransporiation on streets and highways located
municipal boundaries.
COUNTIES.-
Counties shall have original jurisdiction over all
; and highways located within their boundaries,
all state roads and those streets and highways
ed in subsection (2), and may place and maintain
aff'oc control devices which conform to the manual
>ecificationsof the Department of Transportation
dl streets and highways under their original juris-
as they shall deem necessary to indicate and to
IUt the provisions of this chapter or to regulate,
)l' guide traffic.
A county may exercise jurisdiction over any pri-
>ad or roads, or over any limited access road or
Jwned or controlled by a special district, located
unincorporated area within its boundaries if the
. and party or parties owning or controlling such
r roads provide, by written 'agreement approved
governing body of the county, for county traffic
I jurisdiction over the road or roads encompassed
.h agreement. Pursuant thereto:
Provision for reimbursement for actual costs of
::antrol and enforcement and for liability insurance
demnification by the party or parties, and such
erms as are mutually agreeable, may be included
1 an agreement.
Prior to entering into an agreement which pro-
or enforcement of the traffic laws of the state over
te road or roads, or over any limited aCcess road
Is owned or controlled by a special district, the
,ing body of the county shall consult with the sher-
'l\JCh agreement shall take effect prior to October
beginning of the county fiscal year, unless this
,ment Is waived in writing by the sheriff.
The exercise of jurisdiction provided for herein
.e in addition to jurisdictional authority presently
led by counties under law, and nothing in this
paragraph .shall be construed to limit or remove any
such junsdlcllonal authority.
Notwithstanding the provisions of subsection (2), each
county shall have original jurisdiction to regulate park-
Ing, by resolution of the board of county commissioners
. and the erection of signs conforming to the manual and
specifications of the Department of Transportation in
parking areas located on property owned or leased' by
the county, whether or not such areas are located within
the boundaries of chartered municipalities.
(4) LEGISLATIVE DEcLARATION.-The Legislature
hereb~ finds and declares that the exercise by an
authOrity of the powers conferred by written agreement
pursuant to the provisions of chapter 87-88, Laws of
Florida, serves a valid public purpose and function for
which public credit may be pledged and public money
may be expended.
H1ato1y.-s. 1, m. 71-135; s. 1. ell. 71-962; s. 2, ch: 79-246; 85. 1, 3, ell. 87-88;.
s. 32, ell. 94-306.
316.007 Provisions uniform throughout state,- The
provisions of this chapter shall be applicable and uni.
form throughout this state and in all political subdivi-
sions and municipalities therein, and no local authority
shall enact or enforce any ordinance on a matter cov-
ered by this chapter unless expressiy authorized. How-
ever, this section shall not prevent any local authority
from enacting an ordinance when such enactment is
necessary to vest jurisdiction of violation of this chapter
in the local court.
Hlstory.-s. 1, ch. 71-135: s. 2, ell. 71-982.
316.008 Powers of local authorities.-
(1) The provisions of this chapter shall not be
deemed to prevent local authorities, with respect to
streets and highways under their jUrisdiction and within
the reasonable exercise of the police power, from:
(a) Regulating or prohibiting stopping, standin9, or
parking.
(b) Regulating traffic by means of police officers or
official traffic control devices.
(c) Regulating or prohibiting processions or assem-
blages on the streets or highways, including all state or
federal highways lying within their boundaries.
(d) Designating particular highways or roadways for
use by traffic moving in one direction.
(e) Establishing speed limits for vehicles in public
parks.
(f) Designating any street as a through street or
designating any intersection as a stop or yield intersec-
tion.
(g) Restricting the use of streets.
(h) Regulating the operation of bicycles.
(i) Regulating or prohibiting the turning of vehicles
or specified types of vehicles.
OJ Altering or establishing speed limits within the
provisions of this chapter.
(k) Requiring written accident reports.
(I) Designating no-passing zones.
(m) Prohibiting or regulating the use. of controlled
access roadways by any class or kind of traffic.
(n) Prohibiting or regulating the use of heavily trav-
eled streets by any ciass or kind of traffic found to be
717
ANNUAL REPORT OF THE ATl'ORNEY GENERAL
90-68
s. 316.640, F.S., which provides, in pertinent part, that municipalities
shall enforce state traffic laws on all municipal streete and highways
"wherever the public has the right to travel by motor vehicle."" However,
no authority to enforce ch. 316, F,S., exists on private roads located within
a private development or over roads or streets within a special taxing
district where such byways are not available for public use, absent a
written agreement entered into pursuant to s. 316.006(2)(b), F.S,4
Section 316.006(2), F.S., in pertinent part, provides:
(b)A municipality may exercise jurisdiction over any private road
or roads, or over any limited access road or roads owned or
controlled by a special district, located within its boundaries if
the municipality and party or parties owning or controlling such
road or roads provide, by written agreement approved by the
governing body of the municipality, for municipal traffic control
jurisdiction over the road or roads encompassed by such agree.
ment. Pursuant thereto:
1. Provision for reimbursement for actual costs of traffic control
and enforcement and for liability insurance and indemnification
by the party or parties, and such other terms as are mutually
agreeable, may be included in such an agreement.
2. The exercise of jurisdiction provided for herein shall be in
addition to jurisdictional authority presently exercised bymunic-
ipalities under law, and nothing in this paragraph shall be
construed to limit or remove any such jurisdictional authority.
In AGO 88-5, this office concluded that municipal law enforcement
officers possess statutory authority to enforce appropriate provisions of
Ch. 316, F .S., on private roads or limited access roads owned or controlled
by a special district when such roads are within the municipal boundaries
and a written agreement pursuant to s. 316.006(2Xb), F.S., has been ~
entered into by the parties. It was determined, however, that such an ~
agreement must provide for reimbursement for the actual costs of traffic
control and enforcement and for liability insurance and indemnification
by the party or parties who own or control such road or roads.s
You state that the public has limited access to the roads within the
authority's development, but there are no restrictive covenants which
preclude the public from entering the development and using the roads.
,
See. AGO's 88--5, 8&59 and 83-84.
" Su, s. 316.G40(3Xa), F.S., providing:
The police department of each chartered municipality shalt enforce the traffic laws
of this state on all the streeta and highways thereof and elBewhere throughout the
municipality wherever the public has the right to travel by motor vehicle. In
addition, the police department may be required by a municipality to enforce the
traffic laws of this state on any private or limited access road or roads over which
the municipaUty has jurisdiction pursuant to a written agreement entered into
under s. 316.006(2)(t'). ."
See also, AGO 9M2.
87....
V
TRAFFIC CONTROL JURISDICTION AGREEMENT
THIS AGREEMENT is made and entered into this17 day of November. 1997
- -'
by and bffiween CORONADO CONDOMINIUM ASSOCIATION. INC.
(the "Owner") and the City of Aventura, Florida, a Florida municipal corporation (the
"City").
RECITALS
A. Owner owns fee simple title to all the private roadways within the area
described as follows:
ENTRANCE ROAD AND ALL ACCESS AREAS TO GUEST PARKING AND
RESIDENT PARKING
of Dade County, Florida, and commonly known as CORONADO CONDOMINIUM
(the "Private Roads").
B. Owner desires the City to exercise traffic control jurisdiction over the Private
Roads, and City desires to exercise such traffic control jurisdiction, pursuant to Florida
State Statutes 316.006.
NOW, THEREFORE, for Ten and No/lOO Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Owner and City agree as follows:
1. Recitals. The foregoing Recitals are true and correct and are incorporated
herein by this reference.
2. Traffic Control Jurisdiction Services. The City agrees to exercise traffic
control jurisdiction over the Private Roads in accordance with the following terms and
conditions.
(a) City shall provide for Police Officers of its Police Department to patrol, by
motor vehicle, the Private Roads, in accordance with the schedule and manpower
indicated on Exhibit "A" attached hereto, subject to availability.
(b) In exercising such traffic control jurisdiction, the City shall enforce the
traffic laws generally applicable to streets and highways under the City's original
jurisdiction which are similar in nature to the Private Roads, except only that the City
shall enforce the speed limit established by Owner, in Owner's sole discretion, for the
Private Roads, which speed limit Owner shall post along the Private Roads by
appropriate signage.
(c) The City's exercise of traffic control jurisdiction pursuant to this Agreement
shall be in addition to the jurisdictional authority presently exercised by the City over the
Private Roads under law, and nothing herein shall be construed to limit or remove any
such jurisdictional authority, the City agreeing to continue to provide such other police
services as are otherwise provided under law.
,
(d) In addition to exercising traffic control jurisdiction over the Private Roads
as indicated on Exhibit "A", the City shall be entitled to exercise traffic control
jurisdiction, even when not requested by Owner; provided, however, the City shall not
be entitled to any compensation from Owner pursuant to Paragraph 3 below for
exercising such discretionary additional traffic control jurisdiction, although the City shall
2
be entitled to retain all revenues from traffic citations issued by the City for violations of
traffic laws along the Private Roads, in accordance with law.
(e) Nothing in this Agreement shall require, authorize or permit the City to
exercise any control or responsibility concerning the installation or maintenance of traffic
control devices.
3. Compensation. Owner shall compensate City for the services performed
by the City under this Agreement at the rate indicated on Exhibit "B" attached hereto, so
as to assure full reimbursement for costs incurred by City, as determined by City, on the
15th day of each month for service provided in the prior month, upon invoice from City.
In addition, the City shall be entitled to retain all revenues from traffic citations issued by
the City for violation of traffic laws along the Private Roads as provided by law. Except
as provided in the first sentence of this Paragraph 3, Owner shall not be responsible to
pay the City any compensation for performing police services pursuant to this
Agreement. This shall not preclude the assessment of impact fees or other fees
provided by law.
4. Liabilitv Not Increased. Neither the existence of this Agreement nor
anything contained herein shall give rise to any greater liability on the part of the City
.
than the City would ordinarily be subjected to when providing its normal police services
as routinely provided throughout the City.
5. Term. The term of this Agreement shall be one (1) year commencing on
the date hereof and ending one (1) year following the date hereof, and shall thereafter
automatically continue for successive one (1) year terms, unless terminated by either
3
party upon written notice to the other party given at least thirty (30) days prior to the
expiration of the then-applicable one (1) year term.
6. Entire Aareement. This Agreement, together with the Permit, constitutes
the entire understanding and agreement of the parties with respect to the subject matter
hereof and may not be changed, altered or modified except by an instrument in writing
signed by the party against whom enforcement of such change would be sought.
7. Governina Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. Venue for any litigation between the
parties for any controversy arising from or related to this Agreement shall be in the 11 th
Judicial Circuit in and for Dade County, Florida.
8. Indemnification and Insurance. Owner agrees to defend, indemnify and
hold the City harmless from any claim, demand, suit, loss, cost, expense or damage
which may be asserted, claimed or recovered against or from the City by reason of any
property damage or bodily injury, including death, sustained by any person
whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out
of or is incidental to or in any way connected with this Agreement, and regardless of
whether such claim, demand, suit, loss, damage, cost or expense is caused in whole or
,
in part by City's negligence, or by the negligence of City's agents, servants or
employees. In support, but not in limitation of this indemnification provision, Owner
hereby agrees to maintain and pay all premiums for a policy of comprehensive general
liability insurance in an amount of not less then $300,000 combined single limit
insurance covering any occurrence on or adjacent to the Private Roads described
above, resulting in property damage or bodily injury or death to person or persons.
4
Such insurance policy shall name the City and City's officers, agents and employees as
additional insured with respect to traffic control or enforcement of the Private Roads and
shall provide for 30 days prior written notice of any cancellation or change in scope or
amount of coverage of such policy. Owner shall furnish City with a Certificate of
Insurance evidencing compliance with the provisions of this section.
EXECUTED as of the date first above written in several counterparts, each of
which shall be deemed an original, but all constituting one Agreement.
r-'-=-Ol~::;:lX::-;:'".;-" - __ "c~L"~"
I Lo,LfE" "" ..,~,:
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J . ,_ ,C.v.,:-'.:~::-:.::;~ :-1' -':J. (':'C,',',< ~ .
OWNER:
CORONADO rONDOMTNTTm Z\<:;SOC., INC.
./
~~~/~v-
/ I'r'-G"S.
/
r
CITY OF AVENTURA, a Florida
Municipal corporation
ATTEST:
By
Teresa M. Smith, CMC
City Clerk
Eric M. Soroka
City Manager
Approved as to Legal Sufficiency:
City Attorney
5
Exhibit A
Patrol
Aventura Police Officers in marked police vehicles or motorcycles will patrol the
private roads ofthe CORONADO CONDOMIF:':UM ASSOCIATION, INC. on
a random basis 24 hours per day. Whenever possible, Traffic complaints made
by occupants of the property, will be responded to and handled as a call for
service, without charge to the Owner. Traffic complaints that require extended
patrol, where the cost of service will be billed to the Owner, will only be
conducted with prior approval of the Owner. When requested by the Owner to
perform specific traffic enforcement duties, the Owner will be billed in accordance
with Exhibit B.
Exhibit B
Compensation
The City will bill the Owner $25.00 per hour for each officer required to perform
the requested traffic enforcement detail.
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
TO:
City Council
FROM:
Eric M. Soroka, City
BY:
Robert M. Sherma ,
DATE:
December 10,1997
SUBJECT: Attached Resolution Authorizing MPO Municipal Public Transit Study
Grant
December 16,1997 City Council Meeting Agenda Item ~
Recommendation: The City Council adopt the attached resolution supporting the
grant application submitted to the Metropolitan Planning Organization (MPO),
authorizing the acceptance of $24,000 in grant funds towards a Municipal Public Transit
Study, and authorizing the City Manager to provide $6,000 in matching funds as per the
grant application.
Background: The City Council has identified the establishment of a city-wide transit
system as a priority for this fiscal year. Adopting this resolution puts that priority into
action. The City submitted a grant application in June, 1997 to the MPO to defray the
costs of conducting a transportation study. The cost for this study is projected to be
$30,000. The MPO, by adopting MPO Resolution #29-97, approved the City's grant
application to conduct a Municipal Public Transit Study (Exhibit "A"). The MPO will fund
$24,000 towards the study and the City will provide matching funds of $6,000.
The purpose of the study is to establish the most effective and efficient methods of
providing municipal public transit services through a mini bus system. Specifically, the
study will determine the following items:
1. Determine type of route service, placement and frequency within the City.
2. Perform survey of existing transportation amenities, determine compatibility of
existing transportation services provided by condominiums, medical facilities, etc.,
with proposed circulator system and make appropriate recommendations,
City Council
December 10, 1997
Page Two
3. Integration with Dade County Transit routes, with optional service to other
municipalities operating circulator services.
4. Establish days and times of operation, Develop weekly, monthly and annual
ridership estimates,
5. Determine passenger capacity and quantity of circulators required for optimum
service levels, including ADA requirements. All vehicles must meet all applicable
Federal, State and County requirements, including alternative fuel vehicles.
6. Determine the quantity of circulators needed for this service, the associated capital
and annual operating costs, and the availability of alternate funding sources (grants)
for acquisition.
7. Determine the feasibility of privatizing service vs. City operation.
8. Determine and implement the most effective means of marketing and advertising
this new transportation service to the residents.
9. Determine if implementing a fee for this service is plausible, and establish revenue
estimates that would be derived from the proposed fees.
An Invitation to Submit Qualifications (ISQ) was issued and advertised in accordance
with the Consultants' Competitive Negotiation Act (CCNA) for interested firms to
conduct this study. The three (3) firms that responded were:
Car Smith Corradino
David Plummer & Associates
Bermello-Ajamil & Partners
These firms will be interviewed and evaluated by a staff selection committee. The
committee will recommend the two (2) highest ranking firms to the City Council. The
City Council, shall, by resolution, rank the two (2) firms and authorize negotiations
pursuant to CCNA. The selection committee recommendations will be presented to the
City Council in January, 1998.
It is anticipated that this study will be completed by March, 1998. If you have any
questions, or desire any additional information, please feel free to contact me,
RMSlgf
Attachment
RESOLUTION NO,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING AND SUPPORTING
GRANT FUNDING ASSISTANCE FROM THE METROPOLITAN
PLANNING ORGANIZATION IN THE SUM OF $24,000.00 FOR
THE EXECUTION OF THE MUNICIPAL PUBLIC TRANSIT
STUDY AS DESCRIBED IN EXHIBIT "A"; 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 Council of the City of Aventura is desirous of establishing a
municipal transit system for its citizens; and
WHEREAS, to implement and give effect to the municipal transit system, a
municipal transit study needs to be conducted; and
WHEREAS, the Metropolitan Planning Organization, by adopting MPO
Resolution # 29-97, has approved the City of Aventura's grant application in the
amount of $24,000.00 to conduct this study.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. This Council hereby supports the grant application given to the
Dade County Metropolitan Planning Organization from the 1998 Unified
Planning Work Program (UPWP) in the sum of $24,000.00 towards the
completion of a Municipal Public Transit Study for the proposed Municipal Public
Transit System.
Section 2. The City Manager is hereby authorized to provide matching funds
as required in the grant application as described in Exhibit "A". in the sum of
$6,000.00.
Section 3. The City Manager is hereby authorized to do all things necessary
and expedient in order to carry out the aims of this Resolution.
Section 4. This Resolution shall take effect immediately upon adoption.
The foregoing resolution was offered by
The motion was seconded by
vote was as follows:
, who moved its adoption.
and upon being put to a vote, the
Resolution No.
Page 2
Council member Arthur Berger
Council member Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 16th day of December, 1997.
ARTHURI.SNYDER,MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Exhibit "A"
CITY OF AVENTURA GRANT APPLICATION
FY 1998 MPO MUNICIPAL GRANT PROGRAM
Municipal Public Transit Study
Municipal Public Transit Studv Reauest:
The City of Aventura hereby requests $24,000 from the MPO Municipal Grant Program
to assist in funding a comprehensive Municipal Public Transit Study for the City. The
total cost for this study will cost $30,000, and the City will contribute the balance of the
necessary funding. This study will provide fundamental statistical data, facts, and
information relative to identifying the public transportation needs of the City, and provide
direction towards the establishment and administration of a municipal public transit
program within the City limits.
Backaround:
The City of Aventura was incorporated in November 1995, and held its first elections in
March 1996. The City operates under a Council-Manager form of government, and
hired the first City Manager in June 1996. The City has been fully operational delivering
public services since October 1996, and has been delivering full time police services
and protection since April 1, 1997.
The City is bordered on the North by the Dade County Line, the East by the Intracoastal
Waterway, the South by the Uleta Cutoff Canal, and the West by the Florida East Coast
Railroad right-of-way. The City encompasses approximately 3.2 square miles, and has
a year round population base of approximately 20,000.
This population increases by approximately 35% during the months of November to
April due to the influx of tourists and seasonal residents. According to a random survey
conducted by Florida International University's Institute of Government in 1995; 47.2%
of the population is over 55 years of age, and 67.4% of the City's population reside in
condominiums.
Obiectives of Studv:
The purpose of this study is to establish the most effective and efficient methods of
providing municipal public transit services through a mini bus system within the City.
The study will determine the following:
1. Route placement, frequency, and integration with Dade County Transit routes.
2. Days and times of operation.
3. Passenger capacity and quantity of mini buses required for optimum service levels.
4. Projected annual operating costs.
5. Feasibility of privatizing service vs. City operation.
6. Determine and implement most effective means of marketing and advertising this
new transportation service to the residents.
2
Operatina and Capital Funds:
The City has earmarked funds for drivers, vehicle maintenance, and other associated
operating costs in the proposed FY 1998 operating budget, as well capital expenditures
in the adopted five year Capital Improvement Program, commencing with purchasing
mini buses in FY 1998.
ADA Reauirements:
The City will meet all Federal, State, and County requirements via the use of ADA
accessible vehicles and by establishing the required amenities at stops that are ADA
accessible.
Conformance and Support To the 1998 Unified Plannina Work Proaram For
Transportation:
The City of Aventura's proposed Municipal Public Transit Study conforms to the
Unified Work Plan in the following areas:
OBJECTIVE B: SHORT RANGE TRANSPORTATION SYSTEM MANAGEMENT
Task Number 2.02: Short Range Transit Planning
The objective is to provide short-range transit planning essential to the provision of
transit services. The City's study supports this objective by providing detailed data
necessary to providing this local transit system. All collected data relative to the local
transit system would be made available for the County's use on a regional basis. In
addition, the data collected will provide support for any additional County transit plans
for the Northeast Dade corridor.
Task Number 2.13: Private Sector Public Transportation SeNice Study
The objective is to assess guidelines to facilitate privatization of urban public
transportation services, and providing for new opportunities to bring transit to
undeserved or previously unserved areas of Dade. The City's study supports this
objective by specifically addressing the feasibility of privatizing local public
transportation services to previously unserved areas of Dade County.
Task Number 2.17: Conduct Transit Market Research
This objective addresses providing data and insights regarding the attitudes of
passengers and potential passengers towards transit. The City's study specifically
addresses establishing a marketing and advertising strategy to maximize the
effectiveness of the transit system to potential passengers.
3
OBJECTIVE C: IMPROVING REGIONAL TRANSPORTATION PLANNING
Task Number 3.05: Improving Regional Transportation Planning
This objective addresses the planning process, which enhances the integration between
transportation and regional planning. This project specifically addresses the
establishment of bus routes to integrate with the Dade County Transit system, enabling
local residents access to the Dade County Transit system and Metro Rail, giving the
residents access to all of Dade County.
OBJECTIVE D: TRANSPORTATION PLANNING DECISION-MAKING AND FUNDING
Task Number 4.05: Citizen and Private Sector Involvement
This objective addresses to provide the community with information relative to
information regarding transportation needs, and proposals for meeting these needs, as
well as ensuring citizen and community input in all aspects of the planning and decision
making process before plans and programs are approved. The City's Five Year Capital
Improvement Program (which includes the purchase of mini buses) has been presented
to several community, civic, condominium, and homeowner associations as a part of the
public participation process prior to any plans or decisions being approved. This study
will provide for extensive public input as to route placement, timing, frequency, and
destinations, as well as preferences of vehicle types.
Task Number 4.13: Municipal Grant Program
This objective specifically addresses the encouragement of Dade County municipalities
to participate in a competitive program for the performance of relevant transportation
planning studies. This proposal addresses the objective specifically and categorically in
scope and purpose. The Municipal Public Transportation Study will address community
based decision making processes as well as provide data to determine the most cost
effective method to implement this service. As a newly incorporated City, this study is
essential, practical, and timely to provide a much needed service to the residents.
Task Number 4.14: Public Information Program
This objective addresses the preparation of information materials and conduct activities
to meet MPO public involvement program requirements and to inform the citizens about
the transportation process and development of transportation projects. This study will
develop a marketing strategy utilizing existing MPO and Metro Dade Transit documents,
audio-visual presentations for civic and community meetings, and schedule community
meetings specifically for the purpose of publicizing the municipal public transit system.
4
Summary:
The proposed Municipal Public Transit Study will provide the City of Aventura with
the data and information necessary to proceed with providing the residents with much
needed local public transportation system. This study is in congruence and conformity
with the MPO's Unified Planning Work Program for Transportation, and is identified in
the City of Aventura's proposed FY 1998 Operating Budget and Five Year Capital
Improvement Plan, demonstrating the City's commitment to address local transportation
needs. When implemented, the Municipal Public Transit system will integrate with Dade
County Transit, giving local residents access to all points in Dade County, with full ADA
compliance. The City has demonstrated successful public involvement in the decision
making process, and will utilize all available media to inform and involve the public in
establishing the Municipal Public Transit system.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, Cit
TO: City Council
DATE: December 9,1997
SUBJECT: Traffic Operations Study - Biscayne Boulevard and N.E. 203rd Street
December 16, 1997 City Council Meeting Agenda Item 1- D
RECOMMENDATION
It is recommended that the City Council authorize the execution of the attached scope of
services with Transport Analysis Professionals, Inc. to perform a traffic operations study at
Siscayne and N.E. 203rd Street and Miami Gardens Drive, as an option. The study would
address short-term solutions prior to the construction of the grade separator project and
could be beneficial to provide relief to the intersection.
BACKGROUND
Recently, the Dade County Metropolitan Planning Organization retained the firm of
Transport Analysis Professionals to complete the "Congested Intersection Improvements
Study". The purpose of the study is to evaluate congested intersections identified in the
Dade County Congestion Management System as well as by the Dade County Public
Works Department and FDOT, and recommend short-term traffic improvement projects to
alleviate congestion and improve mobility. Unfortunately, the study excludes locations
currently under study, construction or programmed for reconstruction.
The cost of the study is $18,200. As an option, the City could also study the Miami Gardens
Drive intersection at a cost of $11,300. I would recommend that we delay the Miami
Gardens Drive study until the Siscayne Boulevard widening project is complete to gain a
more accurate picture of the issues at that intersection.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
cc0429-97
"~POffT ANALYSIS POO....,ONAlS. INC.
9300 SOUTH OADEtANO BOULEVARD. SUITE 501 . MIAMI, FL 33156..2704. TEL: 305/670-0007. f=AX 305/670-9097
November 18, 1997
Mr. Eric M. Soroka
City Manager
City of Aventura
2999 N.E, 191 Street
Suite 500
Aventura, Florida 33180
RECEIVED
NOV 1 9 1997
OFFICE OF THE
CITY MANAGER
R.I!:: Near Term Traffic Operations Improvements
Biscayne Boulevard and NE 203rd Street
and Biscayne Boulevard/Miami Gardens Drive
Dear Mr. Soroka:
We understand that the City of Aventura is concerned with and desires traffic operations
to be improved in the vicinity of Biscayne Boulevard near NE 203rd Street and Biscayne
Boulevard near Miami Gardens Drive. This letter contains a proposal to provide
professional traffic engineering services related to interim operational improvements which
could be made at Biscayne Boulevard and NE Z03rd Street and adjacent signals and at the
area of Biscayne Boulevard and Miami Gardens Drive. In both locations the services would
be coordinated, particularly with railroad pre-emption clearances.
We understand that monitoring and control of operations by City police personnel on a
sustained, long-term basis is one option being considered. However, from our knowledge
of traffic operations in the area and the traffic control equipment now in place, this is
probably the least desirable situation. Much better options exist for managing traffic flow
on a longer-term, sustained basis,
As you are aware, Transport Analysis Professionals is a local specialty engineering firm in
the area of traffic operations and control. We understand that the City of Aventura has
retained a general civil engineering consultant, Keith & Schnars. We would be pleased to
coordinate any of our activities with them and through your office if we are given the
opportunity to perform the type of specialty services we believe the City will need to achieve
better traffic operations. The intent is that this interim traffic operations enhancement plan
would be in place until more significant transportation improvements (now in final design
by FDOT) are implemented.
In response to your verbal request, we have developed the enclosed proposed scope of
services, schedule and fees to undertake a traffic engineering/operations evaluation aimed
at near-term enhancements for the intersections of Biscayne Boulevard at NE Z03rd Street
and at Miami Gardens Drive and at related intersections nearby,
Our firm is currently under contract to the Metropolitan Planning Organization to perform
intersection spot improvement conceptual designs and we are now under contract to the
Miami-Dade County Public Works Department to provide a host of traffic engineering
services. Activities under the later contract are primarily focused at County-maintained
roadways.
Planning. DeSign and Engineering _ ACCident Reconstruction
Mr. Eric M, Soroka
November 18, 1997
Page 2
The intersections to be analyzed under the proposed engineering evaluation are on State-
maintained roadways, Thus, Dade County Public Works might not be agreeable to have
TAP undertake this work as part of our contracted services directly with the County.
Nonetheless, we have developed the enclosed fee estimate on the basis of our contract fee
schedule with them in order to expedite the issuance of a work order, in the event Miami-
Dade County Public Works would be favorably inclined.
Please be aware that the City may wish to pursue this scope through a formal competitive
selection process, rather than as a specialty sub consultant to your general civil engineering
consultant or through our firm's existing professional services agreement with Miami-Dade.
Should you have any questions, please contact me at your convenience.
Very truly yours,
TRANSPORT ANALYSIS PROFESSIONALS, INC.
~-P~ ~
David C. Rhinard, P.E.
Principal
DCR/ja/1802
Enclosure
TRAFFIC OPERATIONS STUDY
BISCAYNE BOULEVARD/NORTHEAST 203RD STREET/DIXIE HIGHWAY
PROPOSED SCOPE
1. Traffic count data will be collected for 48 consecutive hours in each direction on Biscayne
Boulevard south of NE 203rd Street, on Biscayne Boulevard north of Miami Gardens
Drive, on NE 203rd Street west of West Dixie Highway and on Miami Gardens Drive west
of Biscayne Boulevard.
2. Turning movement counts will be collected on NE 203rd Street at Biscayne Boulevard and
at West Dixie Highway, on Miami Gardens Drive at Biscayne Boulevard and at West Dixie
Highway and on Biscayne Boulevard at NE 187th Street. These counts will be performed
during the morning peak, midday off-peak and afternoon peak periods.
3, A Senior Traffic Engineer with experience in traffic operations and traffic signal control
will observe existing conditions and traffic operations during morning and afternoon peak
periods on a typical weekday and during at least one hour of off-peak operation.
4. TAP will obtain and analyze data on current traffic signal operations and train crossing
data as they relate to the operation of these intersections. Alternatives for intersection
operation will be developed and analyzed to determine their potential effectiveness when
compared to existing operations. This task may include recommendations for new traffic
control equipment at NE 203rd Street; however, it does not include new intersection
and/or traffic signal design.
5. Following a TAP presentation and review by Aventura and Dade County staff of an
acceptable traffic operations plan, new operating information will be loaded into the Dade
County Traffic Control System and/or local controllers as necessary. If the recommended
plan requires installation of new traffic signal control equipment, this equipment will be
specified along with recommended equipment settings. The system and controller settings
will be checked to insure that they have been entered properly and will operate as planned
once the new operational plan and equipment are in place,
6, A critical task in any new operating plan involving traffic signal control is fine tuning. This
task involves monitoring the new traffic operations plan once it is in place over a variety
of time periods, making minor adjustments to the operations, observing the results and
modifying database parameters to reflect the temporary field changes. This fine tuning
effort will include observation and adjustment of traffic operations over several days of
field visits. This process would occur during an implementation phase of approximately
one nlonth.
7. A report will be prepared documenting the process followed and results.
8. TAP staff will be available to attend up to three meetings with City, County and FDOT
staff as necessary for coordination on the progress on this project and to relate our
findings. Meetings beyond these three will be billed as additional services on an hourly
basis.
Note: Following the extensive fine tuning performed in Task 6, it is recommended that operation
of these locations be checked periodically and supplemental minor fine tuning adjustments
performed, as warranted, approximately four to six times per year to respond to changing
traffic conditions. This is especially important given FDOT's construction of a widened
Biscayne Boulevard in this general area. This monitoring can be accomplished by TAP
or by County forces. Our fee estimate excludes this longer-term monitoring task.
1
TRANSPORT ANALYSIS PROFESSIONALS
MANHOUR AND FEE ESTIMATE
Proposed Traffic Operations Study
Biscayne Boulevard/NE 203rd Street/Dixie Highway
and Biscayne Boulevard/Miami Gardens Drive
Personnel Hourly
Category Hours Rate Extension
Project Manager 104 hrs $42.33 $4,402.32
Traffic Engineer 120 27.26 3,271.20
Designer/Drafter 40 21.33 853.20
Technician '7') 1") f\, 867.60
,~ 1........-'
Clerical ....a 12.59 100.72
Subtotal 344 9,495.04
Multiplier x2.80
Subtotal 26,586.11
Principal ....a hrs $100.00/hr. 800,00
Subtotal 352 hrs 27,386.11
Traffic counts (machine-days): 16@ $120.00 1,920,00
Other Direct Expenses: 585,00
Subtotal 29,891.11
Rounding (391.11)
Total $29.500.00
Note: At the option of the City, if services at Biseayne Boulevard and Miami Gardens
Drive are not required and the project focus is restricted to the vicinity of Biscayne
and NE 203rd Street, the fee is reduced by $11,300 to a total of $18,200.
2
RESOLUTION NO. 97-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER, ON BEHALF OF THE CITY, TO ENTER INTO
AN AGREEMENT WITH TRANSPORT ANALYSIS
PROFESSIONALS, INC. TO CONDUCT A TRAFFIC
OPERATIONS STUDY; 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 COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to enter into agreement
with Transport Analysis Professionals, Inc. to perform a traffic operations study to
address short-term solutions for traffic congestion at the intersections identified in the
Scope of Services.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The
foregoing
Resolution
was
offered
by
Councilmember
, who moved its adoption. The motion was seconded by
Councilmember
, and upon being put to a vote, the vote was as
follows:
Resolution No. 97-_
Page 2
Councilmember Arthur Berger
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 16th day of December, 1997.
ARTHURI.SNYDER,MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, City
TO: City Council
DATE: December 10,1997
SUBJECT: Resolution Opposing Senate Bill 1256
December 16, 1997 City Council Meeting Agenda Item 7 -f;
As per the City Council's request, attached is a Resolution opposing Senate Bill 1256
which would allow developers to file suit in Federal Court before exhausting local
administrative remedies or State Court actions for alleged "takings".
EMS/aca
Attachment
cC0431-97
RESOLUTION NO. 97-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, EXPRESSING OPPOSITION
TO S 1256, THE CITIZENS ACCESS TO JUSTICE ACT OF
1997, AS PRESENTLY UNDER CONSIDERATION BY THE
UNITED STATES SENATE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, S 1256, the Citizens Access to Justice Act of 1997, is presently
under consideration by the United States Senate; and
WHEREAS, this Council opposes the passage of this bill as it would significantly
increase municipal legal costs and liability by permitting developers and other
claimants to file suit in federal court before exhausting administrative remedies or state
court actions for alleged "takings"; provide developers with a significant tool to threaten
local governments with costly litigation, imposing a new, unfunded federal mandate and
federal intrusion in purely local issues; and give federal courts the authority to hear
arguments and make decisions that are legitimately the domain of state and local
courts.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. This City Council opposes the passage of the Citizens Access to
Justice Act of 1997 (S 1256) as presently under consideration by the United States
Senate.
Section 2. This City Council urges the members of the U. S. Senate to vote
against this bill.
Resolution No. 97-
Page 2
Section 3. The City Manager is hereby directed to forward a copy of this
Resolution to Senators Connie Mack and Bob Graham and the National League of
Cities, Inc.
Section 4. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Council member
, who
moved its adoption. The motion was seconded by Councilmember
, and
upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 16th day of December, 1997.
ARTHURI.SNYDER,MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
FROM:
TO: City Council
DATE: November 26, 199
SUBJECT: Beautification Advisory Board
December 16, 1997 City Council Meeting Agenda Item ~
Attached hereto please find a Resolution appointing the members to the Beautification
Advisory Board as recommended by the City Councilmembers.
EMS/aca
Attachment
cc0421-97
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, APPROVING THE
APPOINTMENT OF MEMBERS TO THE CITY OF
AVENTURA BEAUTIFICATION ADVISORY BOARD; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, by Ordinance No. 96-24, the City Council of the City of Aventura
provided for the creation of the Beautification Advisory Board; and
WHEREAS, pursuant to Section 2 of Ordinance No. 96-24, the initial term of
office for Board members expired on November 3, 1997; and
WHEREAS, in accordance with the provisions of Section 3.11 of the City Charter
of the City of Aventura, the City Council wishes to provide for approval of the Mayor's
appointment of members to the Beautification Advisory Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. The City Council hereby approves the appointment by the Mayor of
the following individuals to serve as members of the Beautification Advisory Board for a
term of one year:
Janice Albin
Bob Diamond
Dr. Henry Diamond
Patricia Robinson
Fanny Fraynd Singer
Stuart Schulman
Rubin Steiner
Resolution No. 97-_
Page 2
Section 2. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Councilmember
, who
moved its adoption. The motion was seconded by Councilmember
, and
upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 16th day of December, 1997.
ARTHUR I. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Itms
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, City
DATE: December 11, 199
TO: City Council
SUBJECT: Resolution Authorizing Execution of Agreement for Consulting
Services for Design and Construction Administration of the
Government Center, Police Facility and Cultural Center
RFQ 97-9-24-2
December 16,1997 City Council Meeting Agenda Item '7 -0
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution which authorizes
the execution of an Agreement for consulting services for design and construction
administration of the Government Center, Police Facility and Cultural Center - RFQ 97-
9-24-2 with Michael A. Shiff and Associates. The fee is $640,000, which equals 7.8%
of the proposed project budget of $8,200,000.
BACKGROUND
As authorized by Resolution No. 97-78, the City Administration has negotiated the
Scope of Services and fees for the above-referenced project. The attached contract is
the result of the negotiations and has been reviewed by the City Attorney.
The major points of the Agreement are as follows:
1. The fee is $640,000, which is a favorable amount to the City and is
comparable to similar contracts for other cities. The normal fee is
between 8% and 10% of the project budget.
2, The City will not be responsible for additional fees unless the project
design is revised at the request of the City after Council approval. The
project scope includes a 60,000 square foot building with a parking
garage. The original needs assessment study proposed a 57,000 square
foot building. If the project scope is expanded, additional fees would be
negotiated. The types of reimbursable expenses have been kept to a
minimum and are triggered by requests made by the City.
3. The completion of the design work is scheduled for June 1998. The
proposed date for award of the construction contract is July 1998, with a
proposed construction completion date of October 1999.
The fees will be charged to the General Fund and the line of credit in order to recover
the costs from the proposed revenue bond issue.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0424-97
RESOLUTION NO. 97-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED AGREEMENT
FOR CONSULTING SERVICES FOR DESIGN AND
CONSTRUCTION ADMINISTRATION OF THE
GOVERNMENT CENTER, POLICE FACILITY AND
CULTURAL CENTER, AS SET FORTH IN RFQ 97-9-24-2;
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 COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Agreement for Consulting Services for Design and Construction Administration of the
Government Center, Police Facility and Cultural Center as set forth in RFQ 97-9-24-2
in the amount of $640,00000.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The
foregoing
Resolution
was
offered
by
Councilmember
, who moved its adoption. The motion was seconded by
Council member
, and upon being put to a vote, the vote was as
follows:
Resolution No. 97-_
Page 2
Councilmember Arthur Berger
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 16th day of December, 1997.
ARTHUR I. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMSltms
AGREEMENT
Between
THE CITY OF A VENTURA
and
MICHAEL SHIFF & ASSOCIATES, INC.
CONSULTING SERVICES FOR DESIGN AND CONSTRUCTION ADMINISTRATION
OF THE CITY OF A VENTURA
GOVERNMENT CENTER, POLICE FACILITY, CULTURAL CENTER
This Agreement is entered into by and between the City of Aventura ("City") and Michael
Shiff & Associates, Inc. ("Consultant") as follows:
WHEREAS, the City has advertised for requests for proposals for the provision of
professional architectural services related to design, and development of bid specifications, review
of bid specifications, assistance in the award of a contract for development of, and construction phase
services related to the development of the Aventura Government Center, Police Facility and Cultural
Center.
WHEREAS, Consultant has been selected as a successful proposer; and
WHEREAS, the Aventura Governmental Center, Police Facility and Cultural Center
(hereinafter alternately referred to as the Project) shall consist of a Project consistent with the
"Governmental Center Facility Needs Assessment" study. This entire group of responsibilities shall
be alternately referred to as Basic Services and General Design Services.
NOW, THEREFORE, BE IT AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
SECTION 1. The above recitations are true and correct and made a part hereof.
SECTION 2. The Consultant shall provide the following services as defined in Exhibit "A" Scope
of Services.
SECTION 3. City's Responsibility
1. The City shall provide all relevant information at its disposal to the Consultant to assist the
Consultant in the development of its required work under the contract. The Consultant may
request other information in the City's possession which it deems relevant to its task as set
forth herein. The City shall also furnish the following information if in City's possession or
readily available: all boundary, right-of-way and utility surveys; easement and right-of-way
descriptions; soil borings; probings and subsurface exploration; hydrographic surveys;
laboratory tests and inspections of samples of materials in its possession.
1
2. The City shall provide input to Consultant with respect to all submissions and proposed
specifications and shall direct the consultant as to the proposed program of improvements, criteria
for their use and construction budget information.
3, The City shall guarantee access to and make all necessary provisions for Consultant to enter
upon public lands as required for Consultant to perform his work under this contract.
4. The City shall examine all studies, reports, sketches, estimates, specifications, drawings,
proposals and other documents presented by Consultant and shall render in writing decisions
pertairring thereto in order to provide general direction to Consultant within a reasonable time so as
not to unreasonably delay the work of the Consultant. Approval of any design by City shall constitute
authorization by City to proceed based upon said design.
5. The City shall advertise for proposals from bidders to construct the Project or part thereof,
open the proposals at the appointed time and place and pay for all costs incidental thereto. Provided,
however, nothing herein shall obligate City to execute a final construction contract or to construct
the Project; provided further the City reserves the right not to move forward with the bidding
procedure,
6. The City shall provide such legal, financial, accounting and insurance counseling services as
may be required for the Project,
7. The City shall designate in writing a person to act as City's representative or to act for the City
Manager where approvals and authorizations are required by the City Manager with respect to the
work to be performed under this contract; such person shall have the complete authority to transmit
instructions, receive information, interpret and define City's policies and decisions with respect to the
work covered by this contract.
8. The City shall give prompt written notice to Consultant whenever City observes or otherwise
becomes aware of any defect in the Project. However, City shall be under no obligation to inspect or
analyze any defect or other nonconformity with the Contract documents in the Project or to inspect
the Work for defects or non-conformities.
9. The City shall be the applicant for all approvals from all governmental authorities having
jurisdiction over the Project and such approvals and consents from such other individuals or bodies
as may be necessary for completion of the Project,
10. The City shall furnish or direct Consultant to provide, at City's expense, necessary additional
services as stipulated in Exhibit "C"; attached and made a part hereto.
SECTION 4. Termination
1. This Agreement may be terminated by the City upon 30 days notice to Consultant without
2
cause, Consultant may not terminate this Agreement except upon a breach by the City which is not
cured upon 30 days notice to City. Further, this Agreement may be terminated by mutual agreement
at any time or, iffor a period of2 years no work shall have been required or performed hereunder this
contract shall be voidable at the option of either party. In the case of any termination, the Agreement
shall immediately terminate, provided Consultant shall be paid for work performed up and costs
incurred to the date oftermination.
2. If this Agreement is terminated for any reason, then Consultant's sole remedy shall be payment
for all work performed in accordance with this agreement to the termination date, provided it delivers
to the City a copy of all studies, reports, sketches, estimates, specifications, drawings, proposals, and
other documents to provide the City with the work product for which Consultant was paid, All said
studies, reports, sketches, estimates, specifications, drawings, proposals and other documents shall
be the property of the City for use as the City sees fit, provided that Consultant shall not be
responsible or liable for any causes of action related to changes in or alterations to its work product.
SECTION 5. Consultant's Compensation
Consultant shall be compensated as defined in "Exhibit B" Basic Services Compensation and Exhibit
"C", Additional Services. Payment for Additional Services shall be as set forth in Exhibit "D".
SECTION 6. General Terms
I. The work to be performed under this Contract shall in no case be assigned by Consultant
except for City approved sub-consultants for structural, MEP and civil engineering, and irrigation
system design or other service not related to architectural or landscape architectural design, all of
whom shall be considered sub-consultants under the charge of Consultant, with no additional cost
to City, which approval shall be unreasonable withheld by City. The Consultant shall utilize
Arquitectonica International, Inc. as the design consultant for the project.
2. By execution of this contract, Consultant accepts full responsibility for performance of all
conditions thereunder, Consultant assumes complete responsibility for the work of all entities or
persons whom it retains, employs, subcontracts with, or associates in the performance of the work
set forth herein. If Consultant uses the services of any sub-consultants, or other parties, or associates
with any other entities or parties on the performance of the work required hereunder the use of such
parties or entities or persons, or any negligent errors or omissions of those sub-consultants, entities
or persons retained by Consultant shall not be a defense for lack of performance or any other cause
of action related to the work. The failure to perform of any sub-consultants, or other parties or
entities or persons having a contractual or other relationship with the Consultant (or its sub-
consultants) shall not be a defense by the Consultant in any action by the City against Consultant or
in any action where City claims that there is a defect in the work set forth herein; Consultant shall be
fully responsible for the actions of all persons with whom it contracts or utilizes in the participation
of the work performed herein. However nothing contained herein shall prohibit City from seeking
damages from any other responsible parties.
3
SECTION 7. Ouality of Work
Consultant shall provide a quality of work which shall provide competent and professional design,
specifications, contract documents, and construction phase services to the standard of the
architectural profession and such other professions (including engineering) involved in the project,
as fully intended for the purposes as set forth by the City and as set forth herein, and as would be
expected of such a Project. It shall be Consultant's responsibility to review documents available
relating to the Project, to review the site and site conditions, and to take any action which would be
reasonably expected to provide the Consultant with knowledge necessary to develop a design and
specifications, and follow through in the nature of construction phase services which will yield the
result intended by the City.
SECTION 8. Work Products Required
Following the time schedule established by the City below, the Consultant shall provide to the City
the following interim and final products:
I. Plans which shall be sufficiently detailed at an appropriate scale to provide a clear and
accurate means of bidding, presentation, permitting and construction.. Included on the plans must be
all pertinent details tables, schedules, sections, elevations, and plans as appropriate to convey the
design intent; "As Built" drawings and plans for the entire project shall be provided by the contractor
prior to final payment.
2. Estimate of probable construction cost. Consultant may provide a more detailed estimate of
construction costs at the City's expense as additional services.
3. Technical specifications for the Project typed on 8-1/2 x II single-sided, white bond paper
to co-ordinate with "front end" specification to provide a complete bid packet. Typical "front end"
specifications will be provided by the City. The City will prepare the necessary documentation for
the "front end" bid documents and the Consultant shall review for the purpose of coordination with
the technical specifications.
4, Proposed Schedule of Work including preliminary meeting dates and anticipated completion
schedule to meet City needs,
5. Report, tabulate the bid and assist the City in its analysis of the bid proposals,
6. Reports concerning contract administration, upon site visits, as required by the City,
SECTION 9. Time For Completion
Time for completion shall be as set forth in Exhibit "E", which shall be binding on Consultant, except
where delays are caused beyond the control of Consultant, or due to revision of the program of
4
improvements or, design criteria which causes Consultant to revise previously approved and
completed work.
SECTION 10. Ownership of Work Product
All work product as described above and as otherwise developed by Consultant shall be the property
of the City. The City may use or distribute such work product in any way it deems appropriate. If
such work products are modified or altered by the City or anyone else at City's request for any use
other than their intended purpose the City shall indemnifY and hold the Consultant harmless and shall
defend the Consultant against any and all claims, causes of action or liability resulting from any such
modification or alteration to Consultant's work product to the extent permitted by law.
SECTION 11. Indemnitv
Consultant indemnifies and holds the City harmless and shall defend the City against any claims,
causes of action, judgments or liability of whatsoever nature related to patent or copyright
infringement related to the work designs and work product submitted pursuant to this Agreement,
or any claims, liability, judgments, or causes of action related to the negligent acts, errors or
omissions in the designs, or work product submitted or work performed by the Consultant, its sub-
consultants (and their employees), its employees, pursuant to this Agreement. This section shall
survive the completion ofthe Project.
SECTION 12. Performance
All work performed by the Consultant, sub-consultants or those employed by consultant shall be of
a professional quality which is the standard of the Architectural Profession and any other professional
standards for other disciplines of any other sub-consultant or other parties employed by Consultant,
and shall comply with the specific provisions contained herein.
SECTION 13. Insurance
Consultant shall comply with the insurance provisions defined in "Exhibit F".
SECTION 14. Construction Bud2et
Consultant shall design the program of proposed improvements to conform with the budget as
determined by the City, including use of Bid Alternates (and shall make appropriate design
modifications to achieve this budget) at no additional cost to City. Consultant is acknowledged not
to be responsible for fuilure to receive responsive bids because of construction industry conditions.
Based upon recommendations ofthe Consultant City may direct the Consultant to delete or revise
items from the program of proposed improvements if cost estimates provided by Consultants indicate
that construction costs will likely exceed the construction budget.
5
SECTION 15. Compensation for Additional Services
Any change in a design formally approved by the City subsequent to the design development phase
1.3, may warrant an increase in compensation as may be mutually agreed if said change alters work
approved by the City and completed by Consultant (provided same are not the result of errors or
omissions of Consultant) , See Schedules C & D relative to Additional Services which sets forth the
guidelines for said services and compensation for said services. It shall be the burden of the
Consultant to immediately notifY (in writing) City of any claim that compensation should be increased
and to demonstrate that the above conditions occurred.
SECTION 16. No Work Stoppaee As A Result Of Disputes: No Payment OfInterest Bv City
No dispute by Consultant shall provide a basis for Consultant to stop performing its work except as
provided under Section 4, Termination, paragraph 1. However, disputes as to the proportion of work
complete or the right to and additional compensation shall not obviate the requirement of City to pay
the amount it believes is reasonably due Consultant. Non-payment within 30 days of non-
disputed invoices shall be considered breach of contract under this agreement, subject to notice under
Sec. 4 (1).
SECTION 17. Notices
All notices required herein shall be in writing and either hand delivered or mailed certified, return
receipt requested, to the following person at the address listed unless changed by written notice:
CITY:
CITY MANAGER
CITY OF A VENTURA
2999 N.E. 191 STREET SUITE 500
A VENTURA FLORIDA 33180
CONSULTANT:
MICHAEL SIDFF & ASSOCIATES, INC.
1103 EAST LAS OLAS BLVD.
FORT LAUDERDALE, FLORIDA 33301
SECTION 18. Complete Aereement
This is the complete agreement between the parties and no alteration hereto shall be given affect
unless contained in a written agreement executed with equal dignity.
SECTION 19. Warranties of Consultant
The Consultant hereby warrants and represents at all times during the term of this Agreement it sha1I
maintain in good standing all required licenses, certifications and permits required under federal, state
and local laws necessary to perform the services.
6
SECTION 21. Governine Law
This Agreement shall be construed in accordance with the laws of the State of Florida. Venue for any
litigation hereunder shall be in Dade County, Florida.
SECTION 22. Effective Date
This agreement shall be effective on the date the last party affixes its signature hereto.
AGREEMENT BETWEEN CITY OF A VENTURA AND MICHAEL SIDFF AND ASSOCIATES
CONSULTING SERVICES FOR DESIGN AND CONSTRUCTION ADMINISTRATION OF
CITY OF AVENTURA GOVERNMENT CENTER, POLICE FACILITY AND CULTURAL
CENTER
CITY OF A VENTURA FLORIDA
ATTEST:
By:
Teresa M. Smith, CMC
City Clerk
Eric M. Soroka, City Manager
Date:
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
CITY ATTORNEY
MICHAEL SHIFF & ASSOCIATES, INC.
Witnesses:
By:
Michael A. Shiff, President
Date:
7
EXHIBIT A - BASIC SCOPE OF WORK
1.0 BASIC SERVICES
The CONSULTANT'S Basic Services shall consist ofthe five (5) phases described below and shall
include normal architectural, landscape architectural, MEP an civil engineering services for the design
and engineering services for the improvements. The Project which CONSULTANT shall design shall
consist of a fully functional GOVERNMENT CENTER, POLICE FACILITY AND CULTURAL
CENTER including related parking and landscaping. PROJECT shall be generally consistent with the
City of Aventura Needs Assessment Study and consist of approximately 60,000 square feet of
building area. If requested by the CITY the PROJECT shall include a parking garage of sufficient
size to satisfY the requirements ofthe program as part of basic services at no additional cost to City.
1.1 GENERAL DESIGN SERVICES
After written authorization from the City Manager or his designee to proceed, the Consultant shall
review all material and documents previously assembled or prepared by the City, or others retained
by the City for the Project with the purpose of becoming :fumiliar with the objectives and intent ofthe
City and the scope ofthe Project. Consultant shall work with City to develop the design elements of
the Project based upon input provided by City at meetings with City.
1,2 MASTER PLANNING PROGRAMMING AND SCHEMATIC DESIGN PHASE
1.2,1 Based on the mutually agreed upon program, the CONSULTANT shall prepare
Schematic Design Studies consisting of drawings and other documents illustrating the scale
and relationship of project components including parking and site related items described in
1,0 and 1.1 and described as the Basic Services and General Design Services for approval by
the CITY. The City may request changes to the plan which Consultant shall cause to be
incorporated into the design and specifications.
1.2.2 The CONSULTANT shall submit to the City a written Statement of Probable
Construction Cost.
1.3 DESIGN DEVELOPMENT PHASE
1.3.1 The CONSULTANT shall prepare from the approved Schematic Design Phase, for
approval by the CITY, the Design Development Documents consisting of drawings and other
documents to fix and describe the character of the entire project (described in 1.0 and 1.1)
as it relates to the architecturaL structuraL mechanical and electrical disciplines, materials and
such other essentials as may be appropriate.
1.3.2 The CONSULTANT shall submit to CITY a further written Statement of Probable
8
Construction Cost.
1.3.3 Consultant shall work with City to develop the design elements of the Project based
upon input provided by City at meetings with City staff and the City Council. If any changes
are required, they shall be incorporated by Consultant in the specifications, drawings, and
other necessary documents, Requests for material changes to the design after written City
approval at this stage shall be subject to the provisions of Exhibit C and D (except where
changes are the result of errors or omissions ofthe Consultant).
1.3.4 Consultant shall, in the design phase of the Project, identifY all necessary permits and
approvals from governmental authorities which will be needed to construct the Project. The
Consultant shall assist the City in applying for all necessary permits (said permit fees to be
paid by the City). Consultant shall render such professional services and advice to assist in
obtaining said permits or approvals. Such services shall be considered Basic Services under
this Contract provided that services, analysis, or tests which are not normally part of the
application process for a particular permit or approval shall be compensated as Additional
Services as per Exhibits C and D,
1.4 CONSTRUCTION DOCUMENTS PHASE
1.4.1 The CONSULTANT shall prepare from the approved Design Development Phase
Documents, and any further adjustments in the scope, quality, or budget for the project
(subject to Exhibit C and D if applicable), for approval by the CITY, Drawings and
Specifications setting forth in detail the requirements for the construction of the Project
including the necessary bidding information and assistance to the City in its completion of the
bidding forms to be provided by CITY, which includes such items as the Conditions ofthe
Contract, and the form of Agreement between the CITY and the Contractor, to satisfY the
requirements of the CITY'S Manager and City Attorney.
1.4.2 The CONSULTANT shall advise the CITY in writing of any adjustments to previous
Statements of Probable Construction Cost or construction schedule indicated by changes in
requirements or general market conditions.
1.4.3 The CONSULTANT shall arrange for and attend all necessary meetings, provide
permittable construction documents, and aggressively strive to resolve all problems inherent
to review and filing of the required documents for the approval and permits of governmental
authorities having jurisdiction over the project in order to comply with the applicable
regulations. The City's Community Development Department shall assist to keep Consultant
apprised of any pending code changes that they are of during the design phase.
1.4.4 The CONSULTANT shall structure the Bid Documents in a manner to include sufficient
alternates for construction so as to strive to ensure that the bids received will not exceed the
funds available for the Project.
9
1.4.5 Upon completion ofthe construction documents, the Consultant shall furnish the City
with a complete electronic copy ofthe construction documents, including but not limited to
the plans and specifications, The electronic copy shall be in AutoCad Release 12 or above
format.
1.5 BIDDING OR NEGOTIATION PHASE
1.5.1 The CONSULT ANT shall prepare a package which requests interested contractors to
submit pre-bid qualifications to the City for review by the City and the Consultant. From this
list the City, with recommendations from the Consultant, shall establish a list of pre-qualified
contractors who will be invited to submit bids for the construction of the Project, if desired
by City.
The CONSULTANT, following the CITY'S approval of the Construction Documents
("Construction documents" shall mean the entire contract for construction, including all
addendums or alterations thereto, drawings and technical specifications and of the latest
Statement of Probable Construction Cost), shall assist CITY in obtaining, evaluating,
awarding and preparing construction contracts. Consultant shall also work with the City in
any negotiations aimed at reducing the price of the contract to meet the expected construction
cost set forth in Section 14.
1.5.2 The CONSULTANT will prepare a bid package and release it to pre-qualified
contractors and assist in the selection of a contractor, Services include but are not limited to,
a review of contract proposals, review of contractor's submitted credentials, subcontractor's
submitted credentials, to assist the City in their selection of a contractor.
1.6 CONSTRUCTION PHASE
ADMINISTRATION OF THE CONSTRUCTION CONTRACT
1,6.1 The Construction Phase will commence with the Notice of Commencement and will
terminate when the final application for payment is due the Contractor (defined as the party
awarded the contract to construct the Project) and is approved by the City, This contract shall
provide basic services during the entire construction phase, which time for completion will
be established at a maximum of IS months in the contract for construction, If the contract for
construction exceeds the IS month construction schedule the CONSULTANT shall be
entitled to additional compensation, subject to the City's prior approval, which shall not be
unreasonably withheld,
1.6.2 The CONSULTANT, as the representative of the CITY and as administrator of the
Contract during the Construction Phase, shall advise and consult with the CITY and all of the
CITY'S instructions to the Contractor shall be issued through the CONSULTANT. The
Consultant shall hold necessary pre-construction meetings and other job progress meetings
as necessary,
10
1.6.3 The CONSULTANT shall at all times have access to the Work wherever it is in
preparation or progress.
1.6.4 The CONSULTANT shall be in attendance at the site frequently enough to familiarize
himself with the progress and quality ofthe Work to determine if the Work is proceeding in
accordance with the Contract Documents. On the basis of his on-site observations the
,
CONSULTANT shall use its best efforts to guard the CITY against defects, deficiencies, and
poor workmanship in the Work of the Contractor.. The CONSULTANT shall not be
responsible for construction means, methods, techniques, sequences or procedures, or for
safety precautions and programs in connection with the Work. However, nothing herein
contained shall be construed to relieve the CONSULTANT of his obligation to ascertain to
the extent possible, to the best ofhis knowledge, information and belief through the exercise
of due diligence, whether work performed by the Contractor is in accordance with the
Contract Documents; the CONSULTANT shall immediately advise Contractor and CITY
when, in his opinion, such problems or any non-conforming work occur. Consultant shall
regularly keep City informed as to the progress and quality of the work.
1.6.5 Based on such observations at the site and on the Contractor's Application for Payment,
the CONSULTANT shall determine the amount owing to the Contractor, and shall issue
Certificates for Payment in such amounts.
The issuance of a Certificate for Payment shall constitute a representation by the
CONSULTANT to the CITY based on the CONSULTANT'S observations at the site and the
data comprising the Application for Payment, that the Work has progressed to the point
indicated; that to the best of the CONSULTANT'S knowledge, information and belief, the
quality ofthe Work is in accordance with the Contract Documents, subject to an evaluation
ofthe Work for conformance with the Contract Documents upon Substantial Completion, to
the results of any subsequent tests required by the Contract Documents, to minor deviations
from the Contract Documents correctable prior to completion, and to any specific
qualifications stated in the Certificate for Payment; and that the Contractor is entitled to
payment in the amount certified.
1.6.6 The CONSULTANT shall have the responsibility to recommend the rejection of all
Work which does not conform to the Contract Documents. He will have authority to request
special inspection or testing of any Work in accordance with the provisions ofthe Contract
Documents whether or not such Work be then fabricated, installed or completed. CITY will
then have the option of choosing the vendor to perform such testing or inspection services.
However, neither this authority of the Consultant nor a decision made in good faith either to
exercise or not to exercise such authority shall give rise to a duty or responsibility of the
Consultant to the Contractor, Subcontractors, material and equipment suppliers, their agents
or employees or other persons performing portions of the Work,
1.6.7 The CONSULTANT shall review and approve or take other appropriate action on shop
11
drawings, samples, and other submissions ofthe Contractor for conformance with the Design
Concept of the Project and for compliance with the information given in the Contract
Documents.
1.6.8 The CONSULTANT shall evaluate all requests for Change Order and prepare necessary
Change Orders (for either increased compensation or time) in a form acceptable to the City
and review and make recommendations on all requests for Change Orders made by
Contractor. Consultant shall assist City in any negotiations with Contractor relative to
compensation required as a part of any Change Order and shall also advise City regarding any
changes necessary in the construction time schedule.
1.6.9 The CONSULTANT shall conduct reviews to determine the Dates of "Substantial
Completion" and "Final Completion," shall receive and review written guarantees and
warranties and related documents assembled by the Contractor, and shall issue a final
Certificate for Payment.
1.6.10 At completion of construction, the CONSULTANT shall furnish and deliver to the
CITY, neatly arranged in a file, shop drawings, warranties, and instruction literature furnished
by the Contractor, etc" and also deliver to the CITY, a reproducible set of construction
drawings, revised by contractor to "as-built" conditions and in an electronic format acceptable
to the City. Consultant shall not be required to furnish this information itself; but shall use its
best efforts to obtain these documents from Contractor and shall not approve final payment
until they are received,
1.6.11 All Consultant's actions shall be undertaken with such reasonable promptness allowing
Consultant sufficient time to conduct adequate review and minimizing delay to the fullest
extent possible.
1.6.12 As to the Contractor constructing the project, Consultant shall interpret and decide
matters concerning performance of the Contractor under the requirements of the Construction
Contract documents. Such interpretations shall be made with reasonable promptness. The
Consultant shall, within a reasonable time, issue written decisions on all claims, disputes or
other matters in question between the City and the Contractor relating to the execution or
progress of the Work as provided in the Contract documents.
1.7 POST CONSTRUCTION EVALUATION
The Consultant shall assist in the inspection of the Project one (I) month before expiration of the
one-year construction warranty period and on one other occasion prior thereto upon request of the
City and report any defective work under the terms of the guarantee/warranties required by the
construction contract.
12
EXHIBIT B - COMPENSATION
Compensation to Consultant for scope of services outlined in Exhibit "A", shall be a lump sum in the
amount of $640,000,00, Said lump sum amount shall include all sub-consultants (and all others
retained by Consultant) except those indicated on Exhibit "C", In addition it shall include a
reproducible color rendering requested by City. Compensation shall be payable in the following
increments by phase:
Schematic Design Phase
Design Development Phase
Construction Document Phase
Bidding & Negotiation Phase
Construction and Post Construction Phase
$ 96,000.00 (15 Percent)
$128,000.00 (20 Percent)
$256,000,00 (40 Percent)
$ 32,000.00 (5 Percent)
$128,000.00 (20 Percent)
Consultant shall submit invoices montWy for the percentage of each phase completed in the preceding
month.
REIMBURSABLE EXPENSES
Reimbursable Expenses are in addition to compensation for Basic Services and include reasonable
expenses incurred by the Consultant and the interest of the Project as identified in the following
paragraphs:
Expenses in connection with authorized out of town travel, long distance communications and permit
fees advanced for securing approvals of authorities having jurisdiction over the Project.
Expenses of reproductions, postage and handling of Drawings, Specifications and other documents
as requested by City.
Expense of models or additional renderings requested by the City.
Expense of additional insurance coverage or limits including professional liability insurance,
requested by the City which exceed the limits required by this Agreement carried by the Architect.
13
EXHIBIT C - ADDITIONAL SERVICES
Additional Services: Professional services beyond those indicated in Section 1.1 - 1.7 as the basic
scope of services; these services as listed below, shall be undertaken only upon written authorization
from the City to the Consultant confirming mutually agreed scope and fees.
1. Design modifications to the Master Plan and or construction documents (subject to the
provisions of Section 14), which change the scope of work directed by the City and which are
contrary to preceding City written directions or written approvals, where such modifications
occur after approval of the design in phase 1.3 (unless the changes result from errors or
omissions of the Consultant). Any changes or services necessitated by a need to meet the
budget set forth in Section 14 shall not be considered Additional Services.
2. Making material revisions in Drawings, Specifications or other documents when such
revisions alter Consultant's responsibilities and are:
A. inconsistent with written approvals previously given by the City where such revisions
occur after formal approval of the design in phase l.3and are not the result of errors
or omissions of Consultant.
B. required by the enactment or revision of codes, laws or regulations subsequent to
formal approval of the design in phase 1.3
C. due to changes required in writing as a result of the City's failure to render decisions
in a timely manner.
3. If more extensive representation is required at the site than is provided for in 1.6.4 at the
request of the City the Consultant shall provide one or more Project Representatives to assist
in carrying out those activities.
4 Providing services made necessary by the default ofthe contractor, by major defects or
deficiencies in the work of the contractor or by fuilure of performance of the contractor under
the Contract for Construction.
14
EXHIBIT D - COMPENSATION FOR ADDITIONAL SERVICES
City shall compensate Consultant for authorized additional services only for changes made by City
(which are not the result of errors or omissions of Consultant) after formal approval of the design in
Phase 1.3 (see Exhibit C for the only basis for a claim to Additional Services) and shall be based upon
mutually agreed upon fee. The parties shall agree on Consultant's tee for additional services consistent
with this analysis.
15
EXHIBIT E - SCHEDULE
The following time of performance for each phase of the Consultant service excludes time for City
or agency review ofthe Consultant's submissions.
MASTERPLANNmNGPROGRAMNITNG
Schematic Design -
6 weeks
Design Development -
6 weeks
Construction Documents - 12 weeks from notice to proceed with construction documents.
Bidding & Negotiation n 3 weeks from approval of construction documents by City and notice to
proceed with bidding,
Construction and Post Construction - Construction administration services shall be provided for the
entire period of construction. Basic services will be provided for 16 months from notice to proceed
to contractor.
The Consultant shall use its best efforts to complete aU phases prior to the time periods set forth
above and complete all phases of the project as expeditiously as possible.
16
SCHEDULE F - INSURANCE
The Consultant shall maintain at its sole cost and expense ,insurance coverage reflecting the minimum
amounts and conditions specified.
WORKER'S COMPENSATION
The Consultant shall procure and maintain, for the life of this Contract/Agreement, Worker's
Compensation Insurance covering all employees with limits meeting all applicable state and federal
laws, This coverage shall include Employers' Liability with limits meeting all applicable state and
federal laws. Thirty (30) days notice of cancellation is required and must be provided to the City of
A ventura via Certified Mail.
COMPREHENSIVE GENERAL LIABILITY
The Consultant shall procure and maintain, for the life of this Contract/Agreement, Comprehensive
General Liability Insurance. This coverage shall be on an "Occurrence" hasis. Coverage shall include
Premises and Operations. This policy shall provide coverage for death, personal injury or property
damage that could arise directly or indirectly from the performance of this Agreement.
The Minimum Limits of Coverage shall be $500,000 per occurrence, Combined Single Limit for
Bodily Injury Liability and Property Damage Liability.
The City of A ventura must be named as an additional insured unless Owners and Contractor's
Protective Coverage is also provided, or required, Thirty (30) days written notice must be provided
to the City of A ventura via Certified Mail in the event of cancellation.
BUSINESS AUTOMOBILE LIABILITY
The Consultant shall procure and maintain, for the life of the Contract/Agreement, Business
Automobile Liability Insurance.
The minimum limits of coverage shall be $300,000.00 per occurrence, Combined Single Limit for
Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" or
"Comprehensive Form" type policy.
In the event the Consultant does not own any vehicles, City will accept the hired and non-owned
coverage in the amounts listed above. In addition, City will require an affidavit signed by the
consultant indicating the following:
"Company Name" does not own any vehicles. In the event we acquire any vehicles
throughout the term of his Contract/Agreement, "Company Name" agrees to purchase "Any
Auto" or "Comprehensive Form" coverage as of the date of acquisition.
17
Consultants Signature
The City of Aventura must be listed as an Additional Insured under the Policy, Thirty (30) days
written notice must be provided to the City of A ventura via Certified mail in the event of cancellation.
PROFESSIONAL LIABILITY INSURANCE
Consultant shall procure and maintain Professional Liability Insurance for the term of this
Contract! Agreement. Consultant shall make every effort to maintain said insurance for a period of
two (2) years after the terms of this Agreement. The minimum limits of coverage shall be $500,000.
Any deductible will be the responsibility ofthe Consultant. Thirty (30) days written notice must be
provided to the City of Aventura via Certified Mail in the event of cancellation. Consultant shall
include provisions in contracts with sub-consultants (other than irrigation) that they shall provide the
same insurance coverages adequate to cover their potential liability. The CITY may choose to ask
the CONSULTANT to acquire Project Coverage which coverage would be reserved exclusively for
the CITY. If the CITY chooses this alternative than the cost of this insurance would be paid for by
the CITY.
SUPPLEMENTAL PROVISIONS
I. The insurance coverage afforded by this policy(s) shall not be canceled or non-renewed,
except after thirty (30) days prior written notice by Certified Mail, Return Receipt Requested,
has been given to the City of A ventura City Manager; in such case, every effort shall be made
by Consultants to secure substitute insurance providing the required coverage for the entire
period as required. Failure to maintain insurance shall be grounds for termination by City.
2. Certificates of Insurance meeting the specific required provision specified within this
Contract/Agreement shall be forwarded to the City of Aventura City Manager, and approved
prior to the start of any work or the entry upon of any City property.
18
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
City Council ~_ :
Eric M. Soroka, Ci~r na
December 10, 1997
TO:
DATE:
SUBJECT:
Resolution Accepting Dedication of N.E. 213th Street Right-of-Way
December 16,1997 City Council Meeting Agenda Item 1- H
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution accepting
dedication of N.E. 213th Street right-of-way.
BACKGROUND
The Developer Agreement between the City, Trafalgar Associates of Aventura Ltd.,
Aventura Commons and Gulfstream Park required the dedication of the right-of-way for
N.E. 213th Street. As you are aware, the parties are constructing drainage and the new
N.E. 213th Street as a joint venture, The deeds will have been filed with the City
Attorney for their review.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
cc0433-97
RESOLUTION NO. 97-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, ACCEPTING DEDICATION OF
RIGHT ~F-WAY PURSUANT TO DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF AVENTURA AND
AVENTURA COMMONS ASSOCIATES L TO. AND
TRAFALGAR ASSOCIATES OF AVENTURA LTD.;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the Development Agreement, approved pursuant to Resolution No. 97-
53, provides for the dedication of public right-of-way for the benefit of the City of Aventura;
and
WHEREAS, the City Council desires to accept such dedication, as provided herein.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF AVENTURA, FLORIDA AS FOLLOWS:
Section 1. That the right-of-way dedications, as reflected on the attached right-of-
way deeds from Trafalger Associates of Aventura Ltd., and Gulfstream Park Racing
Association, Inc. are hereby accepted and the City Manager is hereby authorized to cause
such right-of-way deeds to be recorded in the Official Records of Miami-Dade County,
Florida, subject to confirmation by the City Attorney that the grantors have met all
conditions precedent to the recordation of such right-of-way deeds in accordance with the
Development Agreement.
Section 2. That this Resolution shall be effective immediately from and after
adoption hereof.
The foregoing Resolution was offered by Councilmember
who moved its adoption.
The motion was seconded by Councilmember
Resolution No. 97-_
Page 2
, and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 16th day of December, 1997.
ARTHUR I. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY
CITY ATTORNEY
2
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
Eric M. Soroka, City
ments
TO:
City Council
DATE:
November 13, 199
SUBJECT: Proposed City Charter A
1st Reading November 18,1997 City Council Meeting Agenda Item 9
2nd Reading December 16, 1997 City Council Meeting Agenda Item L
In accordance with the direction of the City Council at the Workshop Meeting of
November 10, 1997, attached is an Ordinance containing the amendments to the City
Charter that will be presented to the electors of the City.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0413-97
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
PROVIDING FOR AMENDMENT OF THE CITY CHARTER
BY AMENDING SECTION 2.02 "MAYOR AND VICE
MAYOR", TO PROVIDE FOR SEMI-ANNUAL
APPOINTMENT OF VICE MAYOR; AMENDING SECTION
2.05 "VACANCIES; FORFEITURE OF OFFICE; FILLING OF
VACANCIES" BY AMENDING SUBSECTION (C) "FILLING
OF VACANCIES" TO REVISE PROCEDURE FOR FILLING
VACANCY IN OFFICE OF MAYOR AND
COUNCILMEMBERS, REVISING PROVISION WHICH
PROVIDED FOR VICE MAYOR TO FILL VACANCY IN THE
OFFICE OF MAYOR; AMENDING SECTION 3.05 "BOND OF
CITY MANAGER" TO PROVIDE THAT CITY COUNCIL MAY
BY ORDINANCE REQUIRE CITY MANAGER TO FURNISH A
FIDELITY BOND; AMENDING SECTION 5.01 "ELECTIONS"
TO REVISE DATE OF ELECTION FOR MAYOR AND
COUNCIL, DATE OF COMMENCEMENT OF TERMS, AND
TO EXTEND CURRENT TERM OF OFFICE; AMENDING
SECTION 8.07 "INITIAL ELECTION OF COUNCIL AND
MAYOR" TO CONFORM TO AMENDMENT OF SECTION
5.01; AMENDING SECTION 7.03 "CONFLICTS OF
INTEREST; ETHICAL STANDARDS" TO ENABLE CITY
COUNCIL TO ADOPT ADDITIONAL CODE OF ETHICS
REQUIREMENTS; AMENDING CHARTER BY CHANGING
THE DESIGNATION OF THE CITY "COUNCIL" TO THE
CITY "COMMISSION" AND SUBSTITUTING FOR THE TERM
"COUNCILMEMBER" THE DESIGNATION
"COMMISSIONER", AMENDING ALL SECTIONS OF THE
CHARTER IN CONFORMITY THEREWITH; PROVIDING
REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO
ELECTORS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CHARTER; PROVIDING FOR
ADOPTION OF ENABLING RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Section 6.02(a)(i) of the Charter of the City of Aventura provides that
the Council may, by ordinance, propose amendments to the Charter subject to approval by
the electorate at the next general election or at a special election called for such purpose;
and
Ordinance No. 97-
Page 2
WHEREAS, the Council has determined to submit certain proposed Charter
amendments for approval or disapproval by the electors.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:'
Section 1.
That Section 2.02 "Mayor and Vice Mayor" of the City Charter, is
amended by revising subsection (b) 'Vice-Mayor" to read as follows:
Section 2.02. Mayor and Vice Mayor.
(b) Vice-Mayor. During the absence or incapacity of the
Mayor, the Vice-Mayor shall have all the powers, authority,
duties and responsibilities of the Mayor. Semi-annuallv ~$!t
such times as established bv ordinance of the Citv the first
Council meeting after each regular City election, or in any
calondar yoar in 'tAlich thore is no regular City oloction, at the
first Council mooting in tho month of NO'lomber of such year,
the Council shall elect one of its members as Vice-Mayor.
Section 2. That Section 2.05 'Vacancies; forfeiture of office; filling of vacancies" of
the City Charter, is amended by revising subsection (c) "Filling of vacancies" of this
Section, to read as follows:
Section 2.05. Vacancies; forfeiture of office; filling of
vacancies.
(c) Filling of vacancies. A vacancy on the Council includina the
Mavor's position shall be filled as follows:
(i) If the vacancv occurs on the Council and no
more thanloss than six months remain in the
unexpired term, the vacancy shall be filled by
vote of the Council. If the vacancv occurs in the
'Underlined text has been added; otrucJc through text has been
deleted from existing language.
Ordinance No. 97-_
Page 3
office of Mavor and no more than six months
remain in the unexpired term. the vacancv shall
be filled as provided bv subparaaraph iiiil below.
(ii) If more than six months one year or moreremains
in the unexpired term of the Mavor or
Councilmember, the vacancy shall be filled by a
special election to be held not sooner than :w45
days or more than 90 days following the
occurrence of the vacancy, unless there is a Citv,
Countv, State or a national election scheduled to
take place on anv dateisl within 60 davs bevond
such 90 dav period. in which case the vacancv
shall be filled bv special election on the first such
election date.
(iii)lf six months or mom but less than one year romain,
the 'Jacancy shall be filled by the Council as
provided for in paragraph (i) of this subsection (c)
unless there is a City, County, State or a national
election scheduled to tak() place on any date(s)
within such period, in which case the vacancy
shall be filles by special election on the first such
election date.
Dilllf the Mayor's position becomes vacant, and no more
than six months remain in the unexpired term of
Mavor. the Vice-Mayor shall complete the term of
Mayor. The vacancy thus created on the Council
shall be filled in the manner that the vacancy of a
Councilmember is generally filled under this
Charter. The Council shall then appoint a new
Vice-Mayor.
('1){jy}
Vacancies in Northern Area seats (1 and 2) shall
be filled by qualified persons residing in the
Northern Area and vacancies in the Southern
Area seats (3 and 4) shall be filled by qualified
persons residing in the Southern Area.
Vacancies in At-Large seats (5 and 6) shall be
filled by a qualified elector of the City.
Ordinance No. 97-
Page 4
(vi)fy)
Persons filling vacancies shall meet the
qualifications specified in this Article II.
fvii1iYil
fviii1(vii)
~(viii)
If no candidate for a vacancy meets the
qualifications under this Article for that
vacancy, the Council shall appoint a person
qualified under this Article to fill the vacancy.
Notwithstanding any quorum requirements
established herein, if at any time the full
membership of the Council is reduced to less
than a quorum, the remaining members may,
by majority vote, appoint additional members
to the extent otherwise permitted or required
under this subsection(c).
In the event that all the members of the
Council are removed by death, disability,
recall, forfeiture of office and/or resignation,
the Governor shall appoint interim
Council members who shall call a special
election within not less than 30 days or more
than 60 days after such appointment. Such
election shall be held in the same manner as
the first elections under this Charter; provided,
however, that if there are less than six months
remaining in the unexpired terms, the interim
Council appointed by the Governor shall serve
out the unexpired terms. Appointees must
meet all requirements for candidates provided
for in Article II.
Section 3. That Section 3.05, "Bond of City Manager" of the City Charter, is
amended by revising this Section to read as follows:
Ordinance No. 97-_
Page 5
Section 3.05. Bond of City Manager.
The Citv Council mav provide bv ordinance for
+!=lethe City Manager sAall to furnish a surety fidelitv bond to
be approved by the Council, and in such amount as the
Council may fix., said bond to be conditioned on the faithful
performance of his/her duties. The premium of the bond
shall be paid by the City.
Section 4. That Section 5.01 "Elections" of the City Charter, is amended by
revising this Section to read as follows:
Section 5.01. Elections.
(a) Electors. Any person who is a resident of the City,
has qualified as an elector of the State and registers to vote in
the manner prescribed by law shall be an elector of the City.
(b) Nonpartisan elections. All elections for the offices of
Council member and Mayor shall be conducted on a
nonpartisan basis.
(c) Election dates. A general election shall be held in
each eveAodd-numbered year, on the day of the first Tuesday
in March. second State primary election, or if none is held in
any such year, on the first Tuesd3Y following the first Monday
of October. A run-off election, if necessary, shall be held on
the third Tuesday in March. in November of each even
numbered ye3r, on tho S3me day U.S. congressional elections
are held, or if none 3m held in 3ny year, on the first Tuesday
following the first Monday of said month and year.
(d) General election. The ballot for the general election
shall contain the names of all qualified candidates for Mayor if
the Mayor's term is expiring and for each of the three Council
seats which are to be filled as a result of three
Council members' terms expiring, and shall instruct electors to
cast one vote for Mayor, if applicable, and one vote for each
Council seat, with a maximum of one vote per candidate. If any
candidate for Mayor receives a number of votes greater than
50% of the total number of ballots cast, such candidate shall be
the duly elected Mayor, and no run-off election for Mayor shall
Ordinance No. 97-_
Page 6
be required. If any candidate(s) for a Council seat receive(s) a
number of votes greater than 50% of the total number of ballots
cast, such candidate(s) shall be duly elected to the Council and
no run-off election for that Council seat(s) shall be required.
(e) Run-off election. The ballot for the run-off election
shall contain the names of the two candidates for Mayor, if
applicable, and the names of the two candidates for each
Council seat who received the most votes in the general
election. The ballot shall instruct electors to cast one vote for
Mayor and to cast one vote for each Council seat, with a
maximum of one vote per candidate. The candidate for Mayor
receiving the most votes shall be the duly elected Mayor. The
candidate for each Council seat receiving the most votes shall
be duly elected to that Council seat.
(f) Special elections. Special elections, when required,
shall be scheduled by the Council at such times and in such
manner as shall be consistent with this Charter.
(g) Single candidates. No election for Mayor or any
Council seat shall be required in any election if there is only
one duly qualified candidate for Mayor or for any Council seat.
(h) Absentee votes. Absentee voting will be permitted as
provided by the laws of the State and under such conditions as
may be prescribed by ordinance from time to time; provided,
however, that no ordinance shall limit the right to vote by
absentee ballot available under State law.
(i) Commencement of terms. The term of office of any
elected official will commence followina the election for such
elected office. as provided bv ordinance of the City. seven days
follovJing the day of the regular or special election at vAlich s/he
is elected.
Section 5. That Section 8.07 "Initial Election of Council and Mayor" of the City
Charter is amended to conform to Section 4 of this Ordinance by revising this Section to
read as follows:
Section 8.07. Initial election of Council and Mayor.
Ordinance No. 97-_
Page 7
(a) Transition. This Section shall apply to all general and run-off
elections for Council and Mayor held on or before December 31 499+1999
and any conflicting provisions of this Charter shall not apply to such
elections.
(b) Election dates. The first City general election shall be held on
March 12, 1996. General elections shall also be held in 4-9981999 on the
day of the second state primary election, or if none are held in any such year
on the first Tuesday follO'.ving the first Monday of OctoberMarch. The first
City run-off election, if necessary, shall be held on March 26, 1996. Run-off
elections shall also be held in November of 1999 on the same day that the
U.S. congressional election is held or if none is held, on the first Tuesday
following the first Monday of said month. March of 1999 on the third Tuesdav
of said month.
(c) 1996 elections. The general and run-off elections in 1996 shall be
held pursuant to the procedures set forth in Section 2.03 and Section 5.01 (d)
and (e), except as follows:
(i) only those candidates will qualify for election who have filed
written notice of candidacy for Councilmember or Mayor (but not both)
with the Dade County Elections Department, which notice is received
before 5:00 p.m., January 26,1996, and which notice shall:
(A) indicate whether the candidate seeks the office of
Council member or Mayor; if for Councilmember, a
particular seat 1-6 shall be designated;
(B) contain the candidate's certification that slhe is a
qualified elector of the State of Florida, is registered to
vote in the City and that the person resided continuously
within the area comprising the City since January 26,
1995;
(C) contain or be accompanied by such other
information or statement, if any, as may be required by
the Dade County Elections Department;
(D) be signed by the candidate and duly notarized;
(E) be accompanied by a check payable to the Dade
County Elections Department in the amount of $100.00;
Ordinance No. 97-_
Page 8
(ii) there will be six, rather than three, Council seats to be
filled;
(iii) the Mayor will be elected to a term expiring on if!
November, 2000March 20. 2001:
(iv) Councilmembers elected to seats 1, 3 and 5 will be elected
to terms expiring on in NO'lember, 199BMarch 16. 1999.
(v) Councilmembers elected to seats 2, 4, and 6 will be elected
to terms expiring on in NO'lember, 2000March 20, 2001.
(d) 4-9981999 elections. The general and run-off elections in
4-9981999 shall be held pursuant to the procedures set forth in Sections[s]
2.03, 2.04 and Section 5.01 (d) and (e), except that:
(i) There will be no election for Mayor.
(e) Maximum terms. Notwithstanding Section 2.03, any
Council member (including the Mayor) elected in the 1996 election may serve
for a maximum of nine consecutive years.
(f) Induction into office. Those candidates who are elected at the first
regular election shall take office at the initial Council meeting, which shall be
held at 7 p.m. on March 28,1996 at the Biscayne Medical Arts Building.
Section 6. That Section 7.03 "Conflicts of Interest; ethical standards" of the City
Charter, is amended by revising this Section to read as follows:
Section 7.03. Conflicts of interest; ethical standards.
All Councilmembers, officials and employees of the City
shall be subject to the standards of conduct for public officers
and employees set by Federal, State, County or other
applicable law. The Citv Council mav adopt additional
standards of conduct and code of ethics requirements that are
not inconsistent with Federal. State, County or other applicable
law.
Section 7. That the City Charter is amending by revising the designation of the City
Ordinance No. 97-
Page 9
"Council" to City "Commission" and by substituting for the term "Councilmember(s)" the
designation "Commissioner(s)"- All sections of the Charter of the City of Aventura are to be
amended in conformity with this section.
Section 8. Form of Ballot. The form of ballot for the Charter amendments provided
for in Sections 1 through 7, inclusive, of this Ordinance shall be as follows:
1. APPOINTMENT OF VICE MAYOR.
The City Charter currently provides for a Vice Mayor to be appointed each year. It is
proposed that the Charter be amended to provide that the appointment of Vice Mayor shall
be made two times each year, at such times as provided by ordinance of the City.
Shall the above described amendment be adopted?
Yes []
No []
2. FILLING A VACANCY IN OFFICE OF MAYOR.
The City Charter currently provides that if the Mayor's position becomes vacant, the Vice
Mayor completes the Mayor's term. It is proposed that the Charter be amended to provide
that a Mayoral vacancy shall be filled by the Vice-Mayor if no more than six months remain
on the unexpired term, otherwise by special election.
Shall the above described amendment be adopted?
Yes []
No []
3 FILLING A VACANCY IN OFFICE OF COUNCILMEMBER.
The City Charter provides that a vacancy in the office of Councilmember is filled by the
Councilor by special election depending upon the length of the unexpired term and the
occurrence of an election. It is proposed that vacancies for an unexpired term of six
months or less be filled by the Council and that other vacancies be filled by special election.
Shall the above described amendment be adopted?
Ordinance No. 97-
Page 1 0
Yes []
No []
4. CITY MANAGER'S BOND
The present City Charter provides that the City Manager shall furnish a bond but does not
specify the type of bond. It is proposed that the Charter be amended to provide (1) that the
City Council may by ordinance require the City Manager to furnish a bond and (2) if such
bond is required that the form of bond is a fidelity bond.
Shall the above described amendment be adopted?
Yes []
No []
5. REVISION OF GENERAL ELECTION DATE FOR MAYOR AND COUNCIL.
The City Charter currently provides that the date of the general election for Mayor and
Council shall be in October of each even numbered year. It is proposed that the Charter be
amended to revise and extend the date of election to the first Tuesday in March of each
odd numbered year.
Shall the above described amendment be adopted?
Yes []
No []
6. REVISION OF COMMENCEMENT DATE OF TERMS OF MAYOR AND COUNCIL
The City Charter currently provides for the terms of office of Mayor and Council to
commence seven days after the regular or special election. It is proposed that the Charter
be amended to provide for the term to commence as provided by ordinance of the City.
Shall the above described amendment be adopted?
Yes []
Ordinance No. 97-_
Page 11
No []
7 CODE OF ETHICS.
The City Charter currently provides for Councilmembers, officials and employees of the City
to be subject to standards of conduct established by applicable laws. It is proposed that the
Charter be amended to provide authority for the Council to adopt additional standards of
conduct and code of ethics requirements.
Shall the above described amendment be adopted?
Yes []
No []
8. DESIGNATION OF GOVERNING BODY AND ITS MEMBERS
The Charter currently designates the goveming body of the City as the Council and the
members as Council members. It is proposed that the Charter be amended to designate the
goveming body as the Commission and the members as Commissioners.
Shall the above described amendment be adopted?
Yes []
No []
Section 9. 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 10. Inclusion in the Charter. 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
Ordinance No. 97-
Page 12
Charter of the City of Aventura, Florida, as to each Charter amendment measure approved
by a majority of voters voting on such measure in such election; 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 11. EnablinQ Resolution. The City Council shall provide for enactment of
an enabling resolution submitting the proposed amendments to the electorate pursuant to
Section 5.03 of the Dade County Charter.
Section 12. Effective Date. This Ordinance shall be effective upon adoption on
second reading, and each of the Charter amendment measures provided herein shall be
effective only upon approval of a majority of electors voting on the measure, effective upon
certification of the election results. If conflicting amendments are adopted at the same
election, the one receiving the greatest number of affirmative votes shall prevail to the
extent of such conflict.
The foregoing Ordinance was offered by Councilmember
who moved its adoption on first reading. The motion was seconded by Council member
, and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Council member Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Council member Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
Ordinance No. 97-_
Page 13
The foregoing Ordinance was offered by Councilmember
, who
moved its adoption on second reading. The motion was seconded by Councilmember
, and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Council member Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 18th day of November, 1997.
PASSED AND ADOPTED on second reading this 16th day of December, 1997.
ARTHUR I. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
City Council .J;::
Eric M. Soroka, Citye~~
December 10, 1997
DATE:
SUBJECT:
Waterways Resort Marina Request for a Class I Permit -
Reconsideration
December 16, 1997 City Council Meeting Agenda Item .J..Q
BACKGROUND
Reference is made to the attached letter from Waterways Marina regarding a request
for the City Council to reconsider the subject permit matter. This item came before the
City Council on September 16 and was denied (see attached memorandum dated
September 11, 1997).
I have placed this matter on the agenda for your review.
EMS/aca
Attachment
CC0432-97
12-10-1997 10,07AM FROM SEVEN KINGS HOLDINGS 561 625 5689
P.2
~
V\lm:R~
M'A.R,',"-A
-- ... ~
" )
A V' r N r II R A
December 10, 1991
Mr. Eric 1\01. SInoka
City Manager
City of AvaatW:a
2999 N.E. 191 SUlzt, Suite ~
AvenlUfa,. FL 33180
lie: W"_ys v_ Manllll. 1M.
Dear Mr. Soro/l:a:
As you kDuw, Wll haft been operating a mariIla within tile City of AVCIItUI1I for !he last
several years. 1biS marilIa _ mil'''''lly cIeveloped as part of lbe Iaxgcr Wa=ways
DeveIopIIIellL We pun:hasCd lbe lI1lUina pOttiorl of lbe J1....~ty SIlYCIl YIIIZS aco lIIId bave. we
believe. CIOIlIiD"...t lD opcDlc tIIc DWilIa lIII gQDd ..all"".&. ,.;ri_, 8IKI good neIghbcns in the
aeneraI area..
Appwri-....y 8 or 9 _tho ago. an ialIO lIlOSe wi1b respec:t lD tbe ~ of our
dock-1IIlIItcr facility on. a boat docked atllall of the IIIarifta slips. Apparently. the Miami-Dade
Cotmty Dc:paztmcal ofl!Dvironmatal Resources MatIapIaeDt ("DED{") obicetc:d ID tIIc lotatiO't
of 1his &c:ility in lbe IIllIIiIIa IIIIlI. ismed a NOIicc of Violalion. We ~IM the Nulic:e of
VlOladoA, lIIId our appeal is curraltly procwi'1g tIIrougIa !tie "I'Y'opdaIe judicial dlannels.
It is J)ERM's ~ci.m drat lbe Vl:IId huuIing the haJ.b<.1 "'"..... and ot1IIIr fpcilitles was
a pxohibiIf:cI tloatiDg strUCt1III: tIIIIk:t ~ 24 of the Dade Qlunly COde. J)ERM lOOk this
position j..~tM of the fict that aaly WlIIIlr IilIp-'bnt uses (i.e.. harbor IIIISla' fIci1i1y,
safety "'lu4>,...- and, ""'P"""''''Y. lIIe mariDa 58Ie$ olJic:e) were loea1ed OIIlbe ves3e1. "Ibis
Issue was flI8l:CIbaIIld by our IaI:k of upImKl aNaL As you will RCalI. the subclivWon. pial
whicllwas awnlMll by M~tIII DIlle CO\1IIty _.a..d rile mariIla potdoII fmm aU uplaad
anm. Ha1ce. our p",,,11 owumbip oaly CX1IIIda ID tile f'aI:iac waII d - adjllCCllt xawaIls.
As an aaempt ID -~y SIIiIIlk ~ issuc:s widl DDM. _1IId, at 0IIe poild. aareed
ID punue 1lUmiUlDc of !be fadlity tIuoagb. MilImi-Dade ClJlIIIly. Allbonch zcmina evidence was
pVIIIlD DERM ill die form ofa t:01Y oflbe ~ :UC-... ilIIIIICd by lIle City IIICl a copy
of our Ca1ificatc of Use and 0c:cIIpaDc:y, DERM e1ecled to solicit q""i.v-l 7.OIliaa confitmalion
from die City. 'lbis RSUlted hi aSep1ember2, 1997,1cUa' fmm CIlIic K. GIos8enIIai:her, Cbief
of !be COIIIlaI ~ Seclion ofDERM. A copy ofMr; Gi.:.s5.~-'1 /etf8r is attacbed.
hctCIO for yuur iIIftlrmIIiaD.
Ie is our 1IIIIk<.1.:...m911 tlW, upoIl nceipt of said Jeaer. t/Ie malIer was placed betbre tile
City CoJIIInisaion, wilhout lKlliQ: ID l1S or our attamcy. aDd a VVIl: was llIlcIlD by the Commi$Mn
which. -""\y. objected 10 out doek-1IIIStet facility.
38111 N.E.:lll7Ol s..., A.......... _ "'80 . ~oI. (3DS1 935-A~S: Far ,3DSI933.' 753
P.o. Box soo-,~s Avpn'h~, ~nJl1:"~An..CI1:H;
12-10-1997 10,07AM FROt~ SEvEN KINGS HOLDINGS 561 625 5689
P.3
Mr. Eric M. 50mb
Da:cmber 10, 1997
Page .2.
We would &iBcen:ly ~ tile oppor!\lllity, as good corporate cili=1slllld neighbors.
to address tIte Commission on the matter of whether the vessel bearin& our dock-master and
mated facilities is m allowable UIe within the marina lIIId, funher, !I determination of wherhcr
lhe SS Wa1IItWays CODslitutes a vessel Of a probibiled floating structure under the City Code.
Please do DOt hesitate to COlIlatt D1I: if you have any quealions Of reqlrin: my darificatian
of the mattm c:on1ained herein. We look forwani to hearing from you at Yl.JUr earliest
COIIvenience lIIId 10 bl;ing advillCd of III1Y sdledllle for ~ befvre the City COIDIIlission.
#70068
c:c: Howard E. Nelson, Esq.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, City
TO: City Council
DATE: September 11, 19
SUBJECT: Waterways Resort Marina Request for a Class I Permit
September 16, 1997 City Council Meeting Agenda Item ~G
BACKGROUND
The Waterways Resort Marina, Ltd. (WRM) has requested a Class I Permit from Dade
County for the placement and use of a prohibited floating structure within the
Waterways Marina. DERM (Department of Environmental Resources Management)
has offered the City the opportunity to comment on the request. WRM plans to place
and use a floating structure at the Waterways Marina to be utilized as a Harbormaster's
Office for security purposes.
..
The request is for a temporary period not to exceed June 1, 1999, by which time, the
applicant has committed to find an upland location for the office.
DERM is recommending approval of the request. I have placed this item on the agenda
in order to receive direction from the City Council and respond back to DERM.
EMS/aca
Attachment
CC0369-97
METROPOLITAN DADE COUNTY, FLORIDA
iIIiD
~ERM
September 2, 1997
ENVIRONMENTAL RESOURCES MANAGEMENT
NATURAL RESOURCES DIVISION
33 S.w. 2nd AVENUE
MIAMI. FLORIDA 33130-1540
(305) 372-6789
FAX (305) 372-6630
Mr. Jaye Ebstein, Director
Community Development Department
City of A ventura
2999 N.E. 191 Street, Suite 500
A ventura, Florida 33180
RECEIVED
SEP - 4 1997
COMMUNITY DEVELOPMENT
Re: The Waterways Resort Marina, Ltd., located north of N.E. 207th Street and east
ofN.E. 34th Avenue
Dear Mr. Ebstein:
This letter is to inform you that The Waterways Resort Marina, Ltd. is requesting to obtain a
variance and an after-the-fact (ATF) Class I Permit from the Board of County Commissioners, for
the placement and use of a prohibited floating structure within the Waterways Marina (see
enclosed description of the project),
Presently the Commission hearing for this request is scheduled on October 7, 1997.
Although zoning approval is not required pursuant to the Code of Metropolitan Dade County,
Florida prior to the Commission hearing, our Department would like to offer you the opportunity to
comment on this issue. Specifically, DERM would appreciate your response to the following
questions:
1. Does the City of A ventura have any objections to the placement and use of this floating
structure ?
2. Does the placement and use of the prohibited floating structure violate any zoning laws?
If the City of Aventura has any objections to a variance and A TF Class I Permit for the placement
and use of a prohibited floating structure within the Waterways Marina, please contact Trisha
Stone of the Coastal Resources Section at (305) 372-6589 as soon as possible.
snerel ,
C~ K. Grossenbacher, Chief
Coastal Resources Section
Enclosure
c
o
MEMORANDUM
TO:
Armando Vidal, P.E.
County Manager
DATE:
August 18, 1997
SUBJECT:
After-the-fact Class I
Permit Application and
Variance Request by
Waterways Resort Marina,
Ltd.
FROM:
John W. Renfrow, P.E., Director
Environmental Resources Management
RECOMMENDATION
I have reviewed the after-the-fact Class I Permit application and variance request by
Waterways Resort Marina, Ltd.. Based on the applicable evaluation factors set forth in
Sections 24-58.3 and 24-59.2 of the Code of Metropolitan Dade County, Florida, I
recorrunend that the Board of County Commissioners approve the aforesaid application
and variance request for the reasons set forth below.
EVALUATION SUMMARY
The subject after-the-fact Class I Permit application .and variance request involve the
placement and use of a prohibited floating structure upon tidal waters at the Waterways
Marina basin located north of N.E. 207th Street and east of N.E. 34th Avenue, Aventura,
Dade County, Florida. Floating structures with non-water dependent uses are prohibited
pursuant to Section 24-59 of the Code of Metropolitan Dade County, Florida and the
Board of County Commissioners is empowered to grant variances to this prohibition if
appropriate pursuant to Section 24-58.2 of the aforementioned Ordinance. The floating
structure is considered to have a non-water dependent use because its use as a
harbormaster's office could be performed at an upland facility.
The purpose of the prohibited floating structure is for use as the Waterways Marina
harbormaster's office, that allows a view of the basin for security purposes. The existing
marina is surrounded by multi-family residential condominiums and a small commercial
portion consisting of restaurants, retail stores and offices. The applicant claims that due to
the lack of a suitable upland location that affords a view of the marina, it is difficult to
properly secure and monitor the marina. The applicant proposes that the prohibited
floating structure shall be temporarily used as a harbormaster's office for a period not to
exceed June I, 1999, by which time the applicant has committed to find an upland location
for the harbormaster's office and the prohibited floating structure shall be removed from
the tidal waters of Dade County or be relocated to a DERM approved docking facility that
is permitted for the mooring of liveaboards.
DRAFT
COP Y
()
o
Armando Vidal, P,E.
County Manager
Page 2
DERM recorrunends that the variance be granted and the project be approved based on
the following factors. The floating structure: 1) will only be temporarily used as a
harbormaster's office and will be removed from Dade County tidal waters by June 1, 1999
or relocated to a DERM approved docking facility that is permitted for the mooring of
liveaboards, 2) will be located in a DERM authorized slip within an existing marina, 3) will
be located over submerged lands which are owned entirely by the applicant, 4) will be
located outside of the boundaries of the Biscayne Bay Aquatic Preserve, 5) will not be
moored over any significant benthic resources as there are no seagrasses within the marina
basin, 6) will not adversely affect manatees and is consistent with the Dade County
Manatee Protection Plan because it does not increase the total number of boat slips witlrin
the marina and it does not significantly degrade manatee habitat, 7) will not adversely
affect surface water quality because the project will provide an on-board sewage pump-
out mechanism that connects to the permanent sewer system and. no sewage will be
discharged into surface waters, 8) is designed to be aesthetically compatible with. !pe
surrounding area because it is adjacent to corrunercial offices, stores and restaurant~)
will not affect scenic vistas of the Biscayne Bay Aquatic Preserve, Dumfoundling Bay, or
their natural tidal tributaries since the structure is not visible from these water bodies."ltftdo
18) I..":'J lee5i.....J L.VU;U5 "PYh"aI f....Au tI..c C~tJ 5f }~.cRttlrtL
Based on Commission approval of the variance and Class I Permit, the applicant has
agreed to: 1) post a $20,000.00 performance bond to ensure compliance with the above
referenced removal requirements of the floating structure, in addition to compliance with
conditions of the Class I Permit, 2) mitigate for the use of the prohibited floating structure
by removing two derelict structures from the tiditl waters of Dade County that are
equivalent in size to the subject floating structure, prior to June 1, 1999, and 3) enter into
a restrictive covenant that will ensure compliance with these items and Class I Permit
conditions, The restrictive covenant is attached and hereby submitted for Commission
approval.
The proposed project has been designed in accordance with all other relevant Dade
County coastal construction criteria and is also fully consistent with all other Dade County
coastal protection criteria. Please fmd attached a project report from the DERM Coastal
Resources Section which outlines in more detail the reasons why the project is
recorrunended for approval by DERM pursuant to the applicable evaluation factors set
forth in Sections 24-58.3 and 24-59.2 of the Code of Metropolitan Dade County, Florida.
The conditions and restrictions set forth in the project report are adopted herein by
reference.
DRAFT
COP Y
MIAMI DAILY BUSINESS REVIEW
Published Dally except Saturday, Sunday and
Legal Hal idays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE,
Before the undersigned authority personally appeared
Sookle Williams, who on oath says thai she Is the Vice
President of Legal Advertising of the Miami Dally Business
Review f/kla Miami Review, a dally (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami In Dade
County, Florida; that the attached copy 0' advertisement,
being 8 Legal Advertisement of Notice In the matter of
CITY OF AVENTURA
PUBLIC HEARING 12/16/97
APPLICANT NAME: COSCAN
WATERWAYS, INC.
APPLICATION NO. 04-SV-97
In the
xxxxx
.. Court,
WD~~lIs~e~ In1a~dsfrp8per In the ISSLla5 of
Affiant further says thai the said Miami Dally Business
Review Is a newspaper published at Miami In said Dade
County, Florida, and that the said newspaper has heretofore
been continuously published In said Dade County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mall matter at the post
office In Miami In said Dade County, Florida, for a period of
one year next preceding the first publication of the attached
copy 0 dvertlsement; and affiant further says that she has
nelt r p Id nor promised any person, firm or corporation
any Isc nt, rebate, commission or refund for the purpose
of cu g this a vertlsement for publication In the said
ne er. '
.
/J
/me t~'7
19.. .
(SEAL)
Sookle Williams personally k
TARV SEAL.
JANETT LLERENA
o rt: .. -if" COMMISSION NUMBER
tJ, l~ I::' ~ CC5lie004
?/: ~. ;~~ ... ~ MY COMMtsSION EXPIRES
'" OFfI.O JUNE 232000
^__'-'~.-'._--'m
CITY OF AVENTURA
NancE OF PUBLIC HEARING
Date and TIme of
Public Hearing:
Applicant Nama:
ApplicantAaq.-t:
Tuasday,Dacembarl6,1997
6:00 pm
Coscan Waterways, Inc.
Theappticant is reque~ing l!l, Sign Variance to
parmit a building IdantificaliOl1.'alaadl,of
t~ five (5) hlgh risa buildings' wfthin the
development known as "The' Point at the
WateIWSYS-.
04-SV-97
Application Number:
Locatfon 01 Sub/8CI
Proparly:
Lagal Dascriplfon:
East of Yacht Club Orive between theoretical
NE 210 Street and theoreticsl NE 214 S!rea!.
A pOrtion of Tract 'Q', "Tho Watarways -
Section 5-, according to the PIBtthereof as
recorded in Plat Book 126, Page 59 of the
Public Records of Oade County, Florida, and a
portion of Tract -RR-, -The Waterways -
SectiQin 5 First Addition-, according to Ihe PIal 1
Ihereof as recorded in Plat Book 139, Page 10
of the P,ublic Records olOade County, Florida.
Plans are on file and may be examined during regular business
hours in IheCity of Aventura, Community Development Department,
2999 NE 191 Street, Suite 500, Averitura, Florida, 33180. Plans may
be modified al or before the Public Hearing. The application may
change during the hearing process.
The Public Hearing will be held at Columbia Aventura Medical Arts
Building, 21110 Biscayne Boulevard, Suile 101, Aventura, Florida,
33180. Your comments may be made in person at the hearing or filed
in writing prior to the hearing date. Refer to applicant/property on
correspondence and mail same to City of Avenlura, Community
Development Departmenl, 2999 NE 191 Streel, Suile 500, Aventura,
Florida, 33180. For further. information, please call (305) 466-8940.
In accordance with the Americans with Disabilities Act of 1990, aU
persons who are disabled ancl who need special f,lccommodations 10
participate in this proceeding because of that disability should conlact
the Office of the City Clerk, 466-8901, not later than two business days
prior to such proceedings.
If a person decides 10 appeal any decision made by the City Council
with respect 10 any ma"er considered at a meeting or hearing, thai
person will need a record of Ihe proceedings and, for such purpose,
may need to ensure that. a verbatim r:ecord of the proceedings is
made, which record includes Jhe testimonyande.~Q~nce upon whIch,
the appeal is 10 be based.
,1"'5
Teresa M. Smith, CMC, City Clerk
97,3-12Q50JM
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she Is the
Supervisor, Legal Notices of the Miami Dally Business
Review f/kJa Miami Review, a dally (except Saturday. Sunday
and legal Holidays) newspaper, published at Miami in Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice In the matter of
CITY OF AVENTURA
PUBLIC NOTICE OF
PROPOSED ORDINANCE
DEC" 16, 1997
CffYonVEH"-ORA"~~~-----
PUBLIC NOnCE OF PROPOSED ORDINANCE
NOTICE IS HEREBY GIVEN that on Tuesday, lIle 16lh day of
December, 1997, at a .-lng of !he City Council of !he City of
A_tura, to be held at 6:00 p.m. In !he Council Meeting Room at !he
Columbia A...ntura Hoepital and MadIcaJ Canter, 21110 fllsca~
BouJevatd, Suite 101, A...nlUra, florida, !he City CouncIl win conaIdei
!he _ption of !he following Ordinance on second reading, entHIed: -
, AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;,
PROVIDING FOR AMENDMENT OF THE CITY' CHARTER BY
'.AMENDING ,SECTION 2.02 'MAYOR AND VICE MAYOR", TO
PROVIDE FOR SEMI-ANNUAL APPOINTMENT OFVICE^MAYOR;
AMENDING SECTION 2.05 "VACANCIES; FORFEITURE OF
. OFFICE; FIWNG OF VACANCIES' BY AMENDING SUBSECTION
(C) 'FIWNG OF VACANCIES" TO REVISE PROCEDURE FOR
FILLING VACNlCY IN OFFICE OF MAYOR AND
COUNCILMEMBERS. AEVISING PROVISION WHICH PROVIDED
FOR VICE MAYOR TO FIll. VACANCY IN THE OFFICE OF MAYOR:
AMENDING SECTION 3.05 "BOND OF CITY MANAGER" TO
PROVIDE THAT CITY COUNCIL MAY BY ORDINANCE REQUIRE
CITY MANAGER TO FURNISH A FIDELITY BOND; AMENDING
SECTION 5.01 'ELECTIONS' TO REVISE DATE OF ELECTION FOR
MAYOR AND COUNCIL, DATE OF COMMENCEMENT OF TERMS.
AND TO EXTEND CURRENT TEI'lM OF OFFICE; AMENDING
SECTION 8.07 "INITIAL ELECTION OF COUNCIL AND MAYOR" TO
CONFORM TO AMENDMENT OF SECTION 5.01; AMENDING
SECTION 7.03 "CONFLICTS OF INTEREST; ETHICAL
STANDARDS" TO ENABLE CITY COUNCIL TO ADOPT
ADDITIONAL CODE OF ETHICS REQUIREMENTS; AMENDING
CHARTER BY CHANGING THE DESIGNATION OF THE CITY
.COUNCIL' TO THE CITY 'COMMISSION' AND SUBSTITUTING
FOR THE TERM 'COUNCIL'<lEMBER' THE DI;SIGNATION
'COMMISSIONER', AMENDING ALL SECTIONS OF THE CHAR'TER
IN CONFORMITY THEREWITH: PROVIDING REQUISITE BALLOT
LANGUAGE FOR SUBMISSION TO ELECTORS; PROVIDING FOR
SEVERABILlTY;"PROVIDING FOR INCLUSION IN THE CHARTER:
PROVIDING FOR ADOPTION OF ENABLING RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
in the ......................XXXXX....................................... Court.
was publiShed in said newspaper in the Issues of
Nov 24, 1997
Affiant further says that the said Miami Dally Business
Review is a newspaper published at Miami In said Dade
County. Florida, and that the said newspaper has heretofore
been continuously published In said Dade County, Florida,
each day (except Saturday, Sunday and Legal HolidayS) and
has been entered as second class mall matter at the post
office In Miami in said 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 she has
neither paid promised an on, or corporation
any discou . rebate, com . I refund or the purpose
of secur. 9 .s advert e 0 public Ion In the said
news pe
(SEAL)
/J OfFICIAL NOTARY SEAL
Octelm. V. F re pers~IIY _1ll'mIlLERENA
<" ~. <0, Ii ~ COIIr.tSSION NIJUlER
; ,~ ,'. .... CC566004
..,;. .~~ ~ MY COMMlSSk>N EXPiRES
l' OF f\.O JUNE 23,2000
The proposed Ordinance may be inspected by. the public at the Of.
lice of the City Cieri<, 2999 N.E. 191st Street, SuHe 500, Avontur..
Florida. Interested parties may appear at the Public Hearing and be
heard with respect to the proposed Ordinance. Any person wishing to
address the City Council on any item at this Public Hearing is asked to
register with the City Clerk prior to that item being heard.
In accordance with the Americans With Disabilities Act of 1990, ail
persons who are disabled and who ne8d special accommodations to
participate in this proceeding because of that disability should contact
the Office of the City Clerk. 46&.8901, not later than two business days
prior to such proceedings.
If a person decides to appeal any decision made by the City COuncil
with respect to any matter considered at a meeting or hearing, that
person will need a record of the proceedings and. for such purpose.
may need to ensure that a verbatim record of the proceedings is
made. which record includes the testimony and evidence upon whiCh
the appeal- is to be baseet.
Dated November24,1997.
11/24
Teresa M. Smllh, CMC, City Cieri<,
97-4-112420M
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal HOlidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookl. Williams, who on oath says that she Is the Vice
President of Legal Advertising of the Miami Dally Business
Review flkla Miami Review, a dally (except Saturday, Sunday
and legal Holidays) newspaper, published at Miami In Dade
County, Florida; that the attached copy of advertisement.
being a Legal Advertisement of Notice In the matter of
CITY OF AVENTURA
PUBLIC HEARING 12/16/97
APPLICANT NAME: ROBERT
LANSBURGH
APPLICATION NO. 03-SV-98
In the .......... .~~~.~?';..................... Court,
WD~~lIs~e~ In1~d~'r"spaper In the Issues of
Affiant further says that the said Miami Dally Business
Review Is 8 newspaper published at Miami In said Dade
County, Florida, and that the said newspaper has heretofore
been continuously published In said Dade County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mall matter at the post
office In Miami In said Dade County, Florida, for a period of
one xt preceding the first publica lion of the attached
c of a ertlsement; and affiant further says that she has
n Ither p d nor promised any person, firm or corporation
y dls nt, rebate, commission or refund for the purpose
see ng this a rtlsement for publication In the said
n WI per.
.
5
/~:-->
(SEAL) \ .
Sookle Williams perso~;tiy kn w&fb~t1l4~
<: {' (1
" \. ,1,.
~ )4ii. .' - <r: CC566004
"'1- .< rf MY COMMISSION EXPIRES
OF f\.O JUNE 23 2000
OFFICIAl. NOTARY SEAl.
JANETT LLERENA
COMMISSION "UMBER
r
CITY OF AVENTURA
NOTICE OF PUBLIC HEAAlt)IG
Date and ,Time' of
Public Hearing:
Applicant Name;
Applicant Requeet:
Tuesday, December 16,1997
6:00 pm
Robert Lansburgh
The applicant, is requesting a sign variance to
pel'fTHt two (2) wall signs on a Self' Storage
facility where no waft signs are permitted.
03.SV-98
Application Number:
Location Of Subject
Property:
Legal Oe.criptlo~:
2940 NE 188 Street.
An unplatted parcel of land in the Southwest %
of Section 3, Township 52 South, Range 42
East. (lengthy legal - You may contact the
Community Development Department for the
complete legal description).
Approximately 1.2 acres
Size of Subject
Property:
Plans are on file and may be examin~ during, regular business'
hours in the City of AveptlJra. j::ommunityOevetopment Department, '
~99 NE 191,,' Street; ~it8: 500, Aventu~, Florid~ '~180. P1a~~ may
~be"modified arc,' before-the Public Hearlng,-fhe-applicatJon may----'
change during the hearing process.
The Public Hearing will be held' at Co4u,:"bia Aventura. Medical ~rts
Building. 21110 ,Biscayne 'Boulevard, Suite 101, Aventur~, Flon.da,
33180. Your, comments may be made inper~onatthe hearmgor filed
in writing prior to the hearing date. ,Refer ,10 applicant/property ?n
correspondence and mail same, to City of, Avent1.lra, Commumty
Development Department, 2999 HE 191 Street~ Suite 500, Aventura,
Florida, 33180. For furtherinfofniation, please call (305) 466-8940.
l~ accordance with the Americans with Disabiliti8$Act of 1990, all
persons ,who ate disabled and who neEKi spec!ala.c:commodations to
participate in this proceeding because'of that dlsablhty,sho~ld contact
the Office ottheCity Clerk,'466-8901, not later than two bUSiness days
prior to suCh proceedings.
If a perSon decides to appeal any deCision m~ by the Cjt~Council
with re&pectto ariy matter consider'EIQ _8t. a meeting or heanng. tha,t
personwiUneed' a record of the proceedings;and.for, suCh P':'rpose,
fllaY,need to ensure that a verbatim reoDrtfof the proceedings is
made,: whictl record includes the testimony and evidence upon which
the appeaHs to be b8Sed.
12/5
Teres. M. Smith, CMC, City Clerk
97-3-120502M
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
FROM:
Teresa M. Smith, CMC, City Clerk
Jaye M. Epstein, Community Development Director ~
Brenda Kelley, Plannerl1lvv!
Amy Skiles, Assistant~lanner
TO:
VIA:
DATE:
1 'J.) 'L /4 1
SUBJECT: Newspaper Advertising
Project: A v \21.1 IVP-A. S IZ"L--f S -ro~ 8
03 - S\J - '1'0
Please publish the attached newspaper advertisement on or before
[(211)1\:'1 ' D'f(:~Vl1.(~\y- Sj 111'11
, (date)
in order for the item to be heard at the City Council meeting of
1'1../11",/'17
, (date)
Please feel free to contact the above with any questions you may have.
ImernoIadvertising nctice