04-21-1998 CC Meeting AgendaCity of Aventura
City Commission
Arthur L Snyder, Mayor
Jay IL Beskin, Vice Mayor
Arthur Berger
Ken Cohen
Harry Holzberg
Jeffrey M. Perlow
Patricia Rogers-Libert
Ci~ Manager
Eric M. Soroka
Cit~ Clerk
Teresa M. Smith
Cit~ Attorney,
Weiss Serota Helfman
Pastoriza & Guedes
AGENDA
Commission Meeting
April 21, 1998 - 6:00 P.M.
Aventura Medical Arts Baildmg
21110 Biscayne Boulevard Suite 101
Aventura, Florida 33180
1. CALL TO ORDER~ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M.
QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the
commission's agenda are quasi-judicial in nature. If you wish to object or comment upon 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 Commission, and if you
wish to address the Commission, you may be subject to cross-examination. If you refuse to submit
to cross-examination, the Commission will not consider what you have said in its final
deliberations.
DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS PURSUANT TO ORDINANCE 96-09
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING A SIGN VARIANCE FOR AMC
THEATERS, LOCATED AT 19501 BISCAYNE BOULEVARD, TO PERMIT
THE ERECTION OF ONE (1) WALL SIGN WHICH IS LARGER THAN
THAT WHICH IS ALLOWED UNDER REGIONAL MALL SIGN
REGULATIONS; PROVIDING AN EFFECTIVE DATE.
April 21, 1998 Commission Meeting
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, GRANTING A NON-USE VARIANCE TO
INSTALL AN EQUIPMENT SHELTER WHICH EXCEEDS THE
ALLOWED HEIGHT FOR ROOFTOP TELECOMMUNICATION
EQUIPMENT AT 2875 NE 191 STREET, AVENTURA, FLORIDA;
PROVIDING AN EFFECTIVE DATE.
APPROVAL OF MINUTES:
Commission Meeting
April7,1998
$. AGENDA: Request for Deletions/Emergency Additions
6. SPECIAL PRESENTATIONS: None
CONSENT AGENDA:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION
AGREEMENT BETWEEN ENSENADA 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.
(Provides traffic control jurisdiction by the Police Departmem over private roads
within Ensenada Condominium)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION
AGREEMENT BETWEEN FLAMENCO TOWERS 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.
(Provides traffic control jurisdiction by the Police Department over private roads
within Flamenco Towers Condominium)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE
ATTACHED CHANGE ORDER FOR BID NO. 97-9-30-2, AVENTURA
BOULEVARD. STREETSCAPE AND BISCAYNE BOULEVARD
NORTHERN MEDIAN, BY AND BETWEEN THE CITY AND VILA &
SON LANDSCAPING CORPORATION; AUTHORIZING THE CITY
April 21, 1998 Commission Meeting
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
(Adjusts Aventura Blvd. Streetscape Contract to provide for replacement/repairs
relating to irrigation, sidewalk and curbing)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE WILLIAMS ISLAND
FOURTH AMENDED FINAL PLAT, SECTION 10, TOWNSHIP 52S,
RANGE 42E OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA; PROVIDING FOR RECORDATION; AND PROVIDING FOR
AN EFFECTIVE DATE.
(Provides final plat approval for construction of two residential high-rise buildings
on Williams Island)
8. PUBLIC HEARINGS: ORDINANCES - SECOND READING
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLOR1DA, AMENDING ORDINANCE 98-02 WHICH
ESTABLISHED A RESIDENCY POLICY FOR UTILIZATION OF
AVENTURA FOUNDERS PARK; BY AMENDING SECTION 1 TO
FURTHER DEFINE THAT PORTION OF FOUNDERS PARK FOR
WHICH A RESIDENCY POLICY IS ESTABLISHED; PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE
DATE.
AN ORDINANCE OF THE CITY OF AVENTURA, FLOR1DA; PROVIDING
FOR THE SEMI-ANNUAL APPOINTMENT OF VICE-MAYOR;
PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN
EFFECTIVE DATE.
9. OTHER BUSINESS: None
10. REPORTS
~l ~l. PUBLIC COMMENTS
~ 2. ADJOURNMENT
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April 21, 1998 Commission Meeting
SCHEDULE OF FUTURE MEETINGS/EVENTS:
COMMISSION WORKSHOP
COMMI S S ION MEETING
COMMISSION MEETING
APRIL27,1998
MAY 5,1998
MAY 19,1998
9 AM*
6 PM
6 PM
*Government Center 2999 NE 191~t Street Suite 500
'[his mecting is open ~o the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Commission
Eric M. Soroka, City~j
Brenda Kelley, Pla'rfnel
April 15, 1998
Request of Aventura Mall Venture for a Sign Variance for AMC Theaters
at Aventura Mall to permit one (1) Wall Sign which is larger than what is
allowed under Regional Mall sign regulations.
(06-SV-98)
April 21, 1998 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve the requested Sign Variance with
the condition that AMC Theaters relinquish all rights to any other signs permitted by
Ordinance 97-17.
THE REQUEST
The applicant, Aventura Mall Venture, is requesting a Sign Variance for AMC Theaters
at Aventura Mall to permit the erection of one (1) Wall Sign which is larger than what is
allowed under Regional Mall sign regulations.
BACKGROUND
OWNER OF PROPERTY
ADDRESS OF PROPERTY
SIZE OF PROPERTY
Aventura Mall Venture
19501 Biscayne Boulevard
Approximately 97.962 acres
LEGAL DESCRIPTION
Tract Q, Aventura 6th Addition as recorded in
Plat Book 120 Page 20 of the Public Records
of Dade County
Zoning -
Subject Property:
Properties to the North;
Properties to the South:
Properties to the East:
West:
BU-2, Special Business District
BU-2, Special Business District
BU-2, Special Business District and
RU-3, Four Unit Apartment House District
RU-4A, Hotel Apartment House District and
BU-2, Special Business District and
GU, Interim District
Biscayne Boulevard and the FEC Railroad
Existing Use -
Subject property:
Properties to the North:
Properties to the South:
Properties to the east:
West:
Aventura Mall
office and retail uses
office and retail uses
Turnberry County Club and associated uses
Biscayne Boulevard and the FEC Railroad
Future Land Use - According to the Adopted 2000 and 2010 Land Use Plan for Metro-
Dade County, Florida, the following properties are currently designated as follows:
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
West:
Business and Office
Business and Office
Business and Office
Business and Office
Biscayne Boulevard and the FEC Railroad
The Site - The subject site is located at the northeast corner of Biscayne Boulevard
and the William Lehman Causeway (see Exhibit #1 for Location Map).
The Project - The AMC Theaters is a new 24-screen movie theater located in the
new entertainment area of Aventura Mall. The theaters are expected to open in August
1998.
ANALYSIS
Consistency with Comprehensive Master Plan - The request is not inconsistent
with the Dade County Comprehensive Development Master Plan.
Citizen Comments - The Community Development Department has not received any
written citizen comments.
2
Community Development Department Analysis -
The ^MC Theater is permitted the following signs as both an Exterior Access tenant
and an Open Courtyard tenant:
Signs Permitted by Sign Code
Elevation Number of Signs Sign Area
Any One Exterior Wall 1 75 sq. ft.
Wall Facing Courtyard 1 75 sq. ft.
Changeable Copy Sign 1 280 sq. ft.
A 33' wide by 10' high internally illuminated, individual channel letter sign is proposed.
The applicant is requesting a Sign Variance for one 330 square foot wall sign on the
west elevation in lieu of two wall signs and one changeable copy sign at a total of 430
square feet. The applicant asserts that a large, easily visible sign is necessary to direct
customers to the proper entrance to the movie theaters for safety reasons, since the
movie theaters will be open later than the remainder of the Mall. Additionally,
customers coming from outside the City may not be familiar with the Mall layout and will
need to easily locate the Mall entrance to the theaters.
Please note that the applicant is proposing the installation of only one sign and will not
be installing a changeable copy sign, which the Sign Code would allow at 280 square
feet, in addition to the two 75 square foot wall signs. Additionally, the applicant
previously proposed a 429 square foot sign which was revised to a smaller size at the
request of Staff.
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 sign variance for one (1) wall sign, even though it exceeds the maximum
allowed size, maintains the basic intent and purpose of the regulations in that it
provides less visual pollution than the three signs allowed by the Sign Code.
Additionally, the sign will not be visible from any adjacent residential areas as it will be
located on the west fa(;ade of the Mall.
YACHT CLUB DR.
LEGEND
EXHIBIT #1
rIbrnberg, Assodates
LETTER OF INTENT
March 25, 1998
RECEIVED
The Honorable Arthur Snyder
Members of the Council
CITY OF AVENTURA
2999 N.E. 191st St. - Suite 500
Aventura, Florida 33180
APR 1 - 1998
COMMUNITY DE~LOPM/NT
Re: Aventura Mall - AMC Theaters
Ladies and Gentlemen:
The undersigned requests your favorable review and consideration to the following:
A non-use variance of sign requirements to allow for one oversized wall sign.
The requested wall sign pertains to the AMC Theaters to be located within the Aventura Mall.
The only sign which is being requested is an identification sign, to be located at the top or near the
roof of the building. The theaters are not located at the ground level.
The theater size is approximately 90,000 square ft. The current sign ordinance applying to
regional malls provides for three 500 square _ff. wall signs ifa tenant has 100,000 square ft. and is
classified as a major tenant. In this case, the AMC Theaters are a major tenant, but do not meet
the 100,000 sq. ft. requirement. Accordingly, a variance is necessary to allow for the requested
sign.
Other sign provisions which would apply to the theaters allow for secondary wall signs for
restaurants and related type uses which have exterior access and/or access to the courtyard. Each
of these signs are allowed to be 75 square ft. each. Accordingly, restaurants such as Fridays or
Rainforest Cafe can have signs of 75 square ft. If they have both exterior and courtyard access,
such as Rainforest Cafe, two 75 square ft. signs are allowed. There are other miscellaneous signs
allowed, such as canopy and awning type signs.
2875NE 191stStreet, Suite400, Aventura, FL 33180 (305) 937 6200 Fax (305) 933-55tl
The Honorable Arthur Snyder
Members of the City Council
March 25, 1998
Page Two
The AMC Theaters are somewhat unique at Aventura. First of all, they are located on the upper
level of the mall. Secondly, they have access from both the exterior and also direct access from
the adjacent 2,500 car parking garage. The theaters do not have an exterior reader board or
exterior identification which lists the various movies being played. The identification they are
seeking is the actual name of the theater located on the theater exterior. The theaters are located
at the southeast comer of the mall, in a low area of the site. Accordingly, the proposed theater
sign would probably not be visible from Biscayne Blvd. but would be visible once someone had
entered upon the site and was proceeding towards the southeast area. As you know, theaters may
be open at hours when the mall is closed. Therefore, we believe that identification of the theater
is extremely important. Typically, theaters have a series of signs which include reader boards and
other types of identification. Again, that is not our request. We are limiting our exterior signs to
the identification of the theaters.
The actual sign proposed is a total of 429 sq. fi. The overall letters AMC with the word Theaters
below it are eleven ft. (11') in height. The length of the sign is thirty-nine ft. (39'). At the upper
levels of the building and recessed back, the structure backs away from the parking area, making
the appearance of this sign substantially less in size. Bloomingdale's, the store next door, is
allowed three (3) 500 sq. ft. signs. AMC is just slightly under the major tenant square footage
threshold and is only seeking one wall sign. Further, as previously stated, the AMC theaters are
considered to be a major tenant by the mall operators.
For the foregoing reasons, we believe that the sign request is a minimal variance. The sign would
not be offensive to the surrounding area. It is oriented away from all residential development. It
does serve the public by providing an identification as to the location of the theaters. It is the only
exterior wall sign being requested, and perhaps, most importantly there is no reader board listing
the theaters. As you know, reader boards are typical of theaters throughout the country.
In closing, we again request your favorable review and consideration.
Sincerely yours,
Gec~rge J. Berlin
/d
c: Marc Arenstein
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING A SIGN
VARIANCE FOR AMC THEATERS, LOCATED AT 19501
BISCAYNE BOULEVARD, TO PERMIT THE ERECTION
OF ONE (1) WALL SIGN WHICH IS LARGER THAN THAT
WHICH IS ALLOWED UNDER REGIONAL MALL SIGN
REGULATIONS; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the property described herein is now governed by the City
Commission of the City of Aventura; and
WHEREAS, the property described herein is zoned BU-2, Special Business
District; and
WHEREAS, the Applicant, Aventura Mall Venture, through Application No. 06-
SV-98, has requested a sign variance to permit the erection of one (1) wall sign for
AMC Theaters, which is larger than what is allowed under Regional Mall sign
regulations on that certain property located at 19501 Biscayne Boulevard, a.k.a.
Aventura Mall, in Aventura, Florida and legally described as Tract Q, Aventura 6th
Addition as recorded in Plat Book 120, Page 20 of the Public Records of Dade County;
and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances.
Resolution No.
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application No. 06-SV-98 for Sign Variance on property legally
described as:
Tract Q, Aventura 6th Addition as recorded in Plat Book 120, Page 20 of the
Public Records of Dade County
aka
Aventura Mall
19501 Biscayne Boulevard
is hereby granted exclusively to AMC Theaters with the condition that AMC Theaters
relinquish all rights to any other signs permitted by Ordinance 97-17.
Section2. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
moved its adoption. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
, who
Resolution No.
Page 3
PASSED AND ADOPTED this 21st day of April, 1998.
ATTEST:
Arthur I. Snyder, Mayor
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
.,1998.
CITY CLERK
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Commission
Eric M. Soroka, Ci~/J
!
Brenda Kelley, P ann
April 15, 1998
Petition of Nextel for a non-use variance to install an equipment shelter
which exceeds the allowed height for rooftop telecommunication
equipment at 2875 NE 191 Street.
Application Number: 01-UU-98
April 21, 1998 City Commission Meeting Agenda Item ,~- ~
Deferred from the April 7, 1998 City Commission Meeting Agenda Item 3A.
The applicant, Nextel, appeared before the City Commission on April 7,1998. At that
meeting, Commission requested that the applicant attempt to reduce the height of the
proposed equipment shelter (overall height of 196"). The applicant has revised their
request to propose an equipment shelter with an overall height of 150", which is 3' -
10" lower than their previous request.
This report reflects the applicant's revised request.
RECOMMENDATION
It is recommended that the City Commission approve the request subject to the
conditions outlined herein.
THE REQUEST
The applicant is requesting a non-use variance to install an equipment shelter which
exceeds the allowed height for rooftop telecommunication equipment at 2875 NE 191
Street.
BACKGROUND
OWNER OF PROPERTY:
Turnberry Associates
ADDRESS OF PROPERTY:
2875 NE 191 Street (Turnberry Plaza)
LEGAL DESCRIPTION:
See Exhibit #1
EXISTING ZONING:
BU-2, Special Business District
FUTURE LAND USE DESIGNATION: Business and Office
Zoning -
Subject Property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
BU-2, Special Business District
BU-2, Special Business District
BU-2, Special Business District
BU-2, Special Business District
BU-2, Special Business District
Existing Land Use-
Subject Property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
office building
William Lehman Causeway and Aventura Mall
Concorde Plaza and Loehmann's Fashion
Island
office building
Champion Retail and Marriott Hotel (under
construction)
Future Land Use - According to the Adopted 2000 and 2010 Land Use Plan for Metro-
Dade County, Florida, the following properties are currently designated as follows:
Subject Property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Business and Office
Business and Office
Business and Office
Business and Office
Business and Office
The Site - The subject site, located at 2875 NE 191 Street, is the ten-story, Turnberry
Plaza building. (See Exhibit #2 for a location map).
The Project - The applicant approached the City to allow them to install nine (9)
antennas mounted to the exterior parapet wall, three (3) antennas to be mounted to the
inside of the parapet wall, and a new pre-fabricated fiberglass equipment shelter on a
rooftop steel support structure. The antennas meet the guidelines provided for in
Ordinance No. 98-05 and may be installed, at this time, upon issuance of a building
2
permit. However, the Ordinance does not allow for an equipment shelter, used in
association with antennas, to exceed 80" in height. The applicant is proposing an
equipment shelter that is 7'-2" (86") high and is raised 5'-4" (64") off the rooftop, for an
overall height of 12'-6" (150").
Nextel Communications is proposing the installation of a weather proof 11'-6 %"W x 5'-
6"L x 7'-2"H shelter to be located on the roof, for the purpose of housing all and future
communications equipment. The proposed installation of this equipment shelter, and
the associated antennas, is for the purpose of providing cellular coverage in the City of
Aventura for those Nextel customers with Nextel cellular phones. Currently, coverage
in this area is inadequate for the amount of cellular traffic that exists.
Background - In May 1996, City Commission passed and adopted Resolution No. 97-
31 which granted unusual use approval to Sprint Spectrum to permit three (3) panel
antennas to be affixed to the building parapet and one (1) GPS antenna mounted on
the rooftop mechanical room at the same location as this application. Since that time,
Ordinance No. 98-05 was passed and adopted (in February 1998) which provides for
specific guidelines for wireless telecommunications installations. Nextel's request for
the twelve (12) panel antennas is consistent with the guidelines provided for approval.
However, Nextel is requesting a non-use variance approval because their equipment
shelter exceeds the 80" height allowed by Ordinance No. 98-05.
ANALYSIS
Consistency with Comprehensive Master Plan - The proposed development is not
inconsistent with the Dade County Comprehensive Development Master Plan.
Citizen Input -
department.
No written or verbal communication has been received by this
Community Development Department Analysis - The Community Development
Department is supportive of this project. The applicant's request is consistent with the
intent of Ordinance No. 98-05, which encourages co-location and shared use of new
and pre-existing telecommunications facilities. Furthermore, the parapet wall of the
building, and the height of the building, sufficiently screens the equipment shelter from
the general public.
The applicant is requesting a non-use variance to install rooftop telecommunication
equipment that is 150" high, exceeding the allowed height of 80", at 2875 NE 191
Street.
Ordinance No. 98-05 Section 7 specifies permitted uses on private property. Antennas
on pre-existing structures are a permitted use providing that they conform to specific
guidelines. The proposed antennas in this application conform to all the requirements
and are therefore, allowed on private property, upon issuance of a building permit.
3
Section 9 of Ordinance No. 98-05 reads as follows:
Section 9. Buildings or Other Equipment Facilities
The following standards shall apply:
A. Antennas Mounted on Structures or Rooftops. The equipment cabinet
or structure used in association with antennas shall comply with all of
the following:
1. The cabinet or structure shall not contain more than 300 square
feet of gross floor area or be more than 80 inches in height. In
addition, for buildings and structures which are less than four
(4) stories in height, the related unmanned equipment structure,
if over 100 square feet of gross floor area or 3 feet in height,
shall be located on the ground and shall not be located on the
roof of the structure unless the building or structure is
completely screened from sight pursuant to the requirements of
Section 5(H).
The equipment shelter contains 64 square feet of gross floor
area but is 150 inches in height. The building upon which the
shelter is proposed to be constructed is ten (10) stories in
height.
2. If the equipment structure is located on the roof of a building,
the area of the equipment structure and other equipment and
structures shall not occupy more than five (5) percent of the
roof area.
The roof area of the building is approximately ~4,16~ square
feet. The proposed Nextel equipment shelter is 64 square
feet, and the two existing Sprint radio cabinets mounted on
steel support structure cover a total of 32 square feet of the
roof area, for a combined coverage of 96 square feet, which is
less than one (~) percent of the roof area.
3. Equipment buildings or cabinets shall comply with all applicable
zoning and building codes, including minimum setback
requirements, as provided in Section 8.
Complies.
4. Mobile or immobile equipment not used in direct support of a
telecommunications tower facility shall not be stored or parked
on the site of the telecommunication tower, unless repairs to the
telecommunications tower are being made.
4
Not applicable.
5. All buildings and equipment cabinets shall be unoccupied at all
times.
This facility shall be unoccupied at all times.
Ordinance No. 98-05 also sites general guidelines in respect to the preferred locations
of telecommunication systems such as:
"it is the intent of the City to protect and promote the health, safety and general
welfare of its citizens and residents, the traveling public and others in such
manner that will minimize both the number of telecommunications towers and
antennas and the adverse visual impact and other potential damage by these
facilities by encouraging co-location and shared use of new and pre-existing
telecommunications facilities, through incentives, careful design, engineering
siting, landscape screening and innovative camouflaging techniques...."
The proposed location already has telecommunication equipment and
therefore, provides for a good location, allowing for co-location of
equipment. Furthermore, the parapet of this building extends
approximately nine feet above the reofline, thereby providing screening
from the general public. The equipment shelter will be visible 3'-4" above
the parapet, however, because of the height of the building, at ten stories,
very little, if any, of this equipment shelter will be seen from street level.
2. "Section 2. Purpose ....
(c) .... encourage the location of towers in non-residential areas and to
locate them, to the extent possible, in areas where the adverse
impact on the community is minimal;
(d) minimize the total number of towers throughout the community by
strongly encouraging the co-location of antennas on new and pre-
existing tower sites as a primary option rather than construction of
additional single-use telecommunications towers;
(e) encourage users of telecommunications towers and antennas to
configure them in a way that minimizes the adverse impact of the
telecommunications towers and antennas through careful design,
siting, landscape screening, and innovative camouflaging
techniques; ....
The proposed location is in a non-residential district, encourages co-
location of antennas, and the parapet of the building screens the
equipment shelter.
5
.... "If an antenna is installed on a structure other than a telecommunications
tower, the antenna and supporting electrical and mechanical equipment must be
of a neutral color that is identical to, or closely compatible with, the color of the
supporting structure so as to make the antenna and related equipment as
visually unobtrusive as possible..."
The proposed antennas and equipment shelter will be painted to match the
existing building finish.
The guidelines for approval of non-use variances as required by Miami-Dade County
Code Section 33-311(e)(2) requires:
The non-use variance maintains the basic intent and purpose of the zoning,
subdivision and other land use regulations, which is to protect the general welfare of
the public, particularly as it affects the stability and appearance of the community
and provided that the non-use variance will be otherwise compatible with the
surrounding land uses and would not be detrimental to the community.
The parapet wall of the building, and the height of the building, sufficiently
screens the equipment shelter from the general public. Furthermore, the
antennas will be located in a non-residential district, which is more
compatible with the surrounding land uses than if they were located in a
residential district, and would not be detrimental to the community.
2. No showing of unnecessary hardship to the land is required.
CONDITIONS
It is recommended that the requests be granted subject to the following conditions:
STANDARD CONDITIONS
1. Plans shall substantially comply with those submitted as follows:
· Title Sheet, Sheet T-l, prepared by PAL Telecom Group, Inc., revised dated 4-17-
98;
· Overall Roof Plan General Notes and Details, Sheet A-l, prepared by PAL Telecom
Group, Inc., revised dated 4-17-98;
· Building Elevations, Sheet A-2, prepared by PAL Telecom Group, Inc., revised
dated 4-17-98;
· Equipment Cabinet Elevations, Sheet A-3, prepared by PAL Telecom Group, Inc.,
revised dated 4-17-98.
6
2. Applicant shall obtain building permits within 12 months of the date of this
Resolution or the approval granted shall be deemed null and void and the applicant
shall be required to reinstate the public hearing approval process unless the term is
extended by a motion of the City Commission prior to its expiration.
PROJECT SPECIFIC CONDITIONS
1. Pursuant to Ordinance 98-05 Section 5(S) ..."Owners and/or operators of towers or
antennas shall certify that all franchises/licenses required by law for the
construction and/or operation of a wireless communication system in the City have
been obtained and shall file a copy of all required franchises/licenses with the City."
Such franchises/licenses shall be filed with the City prior to issuance of the building
permit.
2. A Security Fund in the amount of $45,000.00 will be provided prior to issuance of
the building permit. Such Security Fund will meet the requirements of Ordinance
No. 98-05 upon determination of the City Manager or his designee.
3. The equipment shelter shall be unoccupied at all times.
4. The proposed antennas and equipment shelter will be painted to match the existing
building finish.
/staff reports/01-UU-98 Nextel
7
NEXTE/:
April 13, 1998
City of Aventura
Community Deveolpment Dept.
2999 NE 191 Street, Suite 500
Aventura, Florida 33180
Attn: Brenda Kelley
Dear Brenda
Please accept this letter as a detail description, explaining our new choice of rooftop equipment
in an attempt to reduce the overall height for Nextel Site# 1856-B/Unusual Use Application for
the April 21st commission meeting. The new cabinet that we have chosen is the Urban Rooftop
24 BR/nx-hps3. This cabinet is 7'-2"(86") high. The original cabinet we proposed is 11'(132") a
difference in height of 46"(3'-10").The cabinet will be raised off the ground 64"(48" mandatory
south florida building code, plus the steel support frame which is 1'-4")
The overall height of the new cabinet will be 12'-5" (150") as opposed to the old cabinet which
was 16'-4"(196") a difference ofof46"(3'-10").
This cabinet was not our first choice for it does not provide us with the maximum coverage
capacity for base radio. It will provide us with minimum coverage which is better than none at
all.
Nextel Communications
Roseanna Turner
Zoning Dept.
[.egal Desorjption
SUBJECT PRO,P..~E~..'!~Y: .Tha. t..pqrtion .of ~e~ e. ast ~ of. t~e .~E..34 of the N~.,~.~f~Se~on.~.
Township .52's~?Rang~..42,'~t~. ~h{~. s. 0~"ot':~{~;~E. ~l,~nd ..S~t 'l~rh~e~..~s
Right'of-WaY en~ I~s~ _and'-except the s0dth' S5, thereof fo[ ~lht~ofwvay 'purposes.;' ~ A
parcel of -land'l~[ng a part of f~e east ~:of'lhe SW 34 .of the .SE'34 of'the'NW ~ of S'eclion 3.
Townshlp 52 South, Range 42 East, said parcel being more particularly ?escribed .as follows:
Commence st the 'Southeast oomer of NW ~ of said Section 3, ~ownsh[p '62 Souf~i:Range' 42
East; thence- S87~35,12"W, along the south line of said NW ;34 of Section 3 ~ distance of
669.86'; thence N2*58'20"W along the east line of the said east ~ of the SW 34 of the SE 34 of
the NW % of SecSon 3 for 35' to the Point of beginning, of the herain described parcel; thence
S87~35't2,W .along the nodl~ right-of-way..lin.e, of N,E, ~191st Street per Official Records. Book
12487, at page'9~2, s~Id ~fgllt-of-way linelbe]ng '35' north of the'south.line x3f said NW 34 for
335.09'; thence Iq2~52'3"W along the west.line of the said east Y~ of Ih{; SW 34 of the SE 34 of
the NW 34 of Section 3 for 616.4'; the following $ courses being along the SW/Iy right-of-way
line of State'Road 856'also being part df the'B311ted access right-of-way llne of N.EL 192nd
Street, per Florida D~pariment of Transpomf~en right-ofwvay Map (Se~on 87013-2510); (1)
thence S48~23'89'E for 102.19'; (2) thence S5~60~6'E for 102.t9' to a Point of curvature; (3)
thence SF_Jty along the arc of a 1~90.g2' radius c~rve leading to the ~ff, having a central
angle of the am o[ a 129.92' radius ct~rve leading to the left having a control angle of 3~41'55"
for an arq of 83.33'; thence S2~58'20"E along the east line of the ~ld east ~ of the S.W 34 of
the SE 34 of Se~. en 6 for 360;36'.to the Point of beginning.
EXHIBIT #1
B ROWARD COUNTY
DADE COUNTY
Park
YACHT CLUB DR.
WAY
Waterways
Shoppes 207 ST.
201 TER.
~,VENTURA
Mall
SI
City of Aventura
190
188 ST.
33180
33
LEGEND
Roadways
...... City Boundary
..... ZIP Code Boundary
........... Railroad
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, GRANTING A NON-USE
VARIANCE TO INSTALL AN EQUIPMENT SHELTER
WHICH EXCEEDS THE ALLOWED HEIGHT FOR
ROOFTOP TELECOMMUNICATION EQUIPMENT AT 2875
NE 191 STREET, AVENTURA, FLORIDA; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the property described herein is zoned BU-2, Special Business
District; and
WHEREAS, the Applicant, Nextel, through application 01-UU-98, has requested
a non-use variance to install an equipment shelter which exceeds the allowed height for
rooftop telecommunications equipment; and
WHEREAS, the Community Development Department recommends approval of
this request subject to conditions; and
WHEREAS, the City Commission has held a public hearing as provided by law;
and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Resolution No. __
Page 2
Section 1. Application No. 01-UU-98 for a non-use variance to install an
equipment shelter which exceeds the allowed height for rooftop telecommunications
equipment on property legally described as:
SEE ATTACHED EXHIBIT #1
NK/A
2875 NE 191 STREET
AVENTURA, FLORIDA
is hereby granted subject to each of the following conditions:
STANDARD CONDITIONS
1. Plans shall substantially comply with those submitted as follows:
· Title Sheet, Sheet T-l, prepared by PAL Telecom Group, Inc., revised dated 4-17-
98;
· Overall Roof Plan General Notes and Details, Sheet A-l, prepared by PAL Telecom
Group, Inc., revised dated 4-17-98;
· Building Elevations, Sheet A-2, prepared by PAL Telecom Group, Inc., revised
dated 4-17-98;
· Equipment Cabinet Elevations, Sheet A-3, prepared by PAL Telecom Group, Inc.,
revised dated 4-17-98.
2. Applicant shall obtain building permits within 12 months of the date of this
Resolution or the approval granted shall be deemed null and void and the applicant
shall be required to reinstate the public hearing approval process unless the term is
extended by a motion of the City Commission prior to its expiration.
Resolution No.
Page 3
PROJECT SPECIFIC CONDITIONS
1. Pursuant to Ordinance 98-05 Section 5(S) ..."Owners and/or operators of towers or
antennas shall certify that all franchises/licenses required by law for the
construction and/or operation of a wireless communication system in the City have
been obtained and shall file a copy of all required franchises/licenses with the City,"
Such franchises/licenses shall be filed with the City prior to issuance of the building
permit.
2, A Security Fund in the amount of $45,000.00 will be provided prior to issuance of
the building permit. Such Security Fund will meet the requirements of Ordinance
No. 98-05 upon determination of the City Manager or his designee.
3. The equipment shelter shall be unoccupied at all times.
4. The proposed antennas and equipment shelter will be painted to match the existing
building finish.
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.
Section3. This Resolution shall become effective immediately upon its
adoption.
Resolution No.
Page 4
The foregoing Resolution was offered by Commissioner
who moved its adoption. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED this
day of
,1998.
ATTEST:
ARTHUR I. SNYDER, MAYOR
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 ,1998.
CITY CLERK
[Legal Desor~ptlon
SUBJECT PRO~ .,E~....TY; .That..pq. rfion of t~e~ east ~ of. .fhe.~E..~ of the N~.~.~3f~S~.:o~
RightCof, Way an~[ i6s~ .and'-~,..xcepi[ ~e s0dth' SS' ~l~mof for: dght~of-~ay purposes.;' ~ A
parcel of,land'l~ing a part of the east ~:~)f 'the SW ~ .of the':SE ~' of'the'NW
Township 52 South, Range 42 East, said parcel being more particularly described.as follows:
Commence at the.Southeast oomer of NW ~4 of said Sec~on 3, .,TOwnship'52 Sourly. Range 42
East; thence. S87~35'12"VV, along the south line of seed NW -~ of Section 3 ~ distance of
669.86'; thence N2'58'20"W along the east line of the said east % of.the SW ~ of the SE ~ of
the NW ~ of Section 3 for 35' to the Point of beginning, of the hemln described parcel; thence
S87~5'12,W along the norl~ right-of-way, lithe of N,E. 191st Street per Official Re~ords. Book
12487, et pag'e'9~2, s~d right-of-way lineil~e!ng '35' north of.the'south line of said N~/~ for
335.09'; thence Iq2~52'3"W along the west.line of the said east ~ of thb SW % of the SE ~ of
the NW ~ of Section 3 for 616.4'; the following 3 courses balng along the SWay right-of-way
llne of State' Road 856' also being part Of the' lirttlted 'aceess rtght-of.~ay line of N.E. 192nd
Sl~et, per Florida D~artment of Transpomt~on right-of-v,'ay Map (Set,on 87013-2610); (1)
thence S48~23'69'E for t02.¶9'; (2) ~ence S56"50~6"E for 102.19' to a Point of curvature; (3)
thence SE/fy along the am of a 1~90.92' radius curve leading to the ~ff, having a central
angle of the am of a ¶29.92' radius curve leacling to the left having a central angle of 3~41'55''
for an arq of 83.33'; thence S2~58'20"E along the east line of the ~.Id east Y= of the SW ~ of
the SE ~ of Sec~on 6 for 360;36' .to the Point of beglnnlng.
EXHIBIT #1
MINUTES
CITY COMMISSION MEETING
TUESDAY, APRIL 7, 1998 6:00 P.M.
Aventura Medical Arts Building
21110 Biscayne Boulevard Suite 101
Aventura, Florida
CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Ken Cohen,
Harry Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Jay R. Beskin,
Mayor Snyder, 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. Steiner led the pledge of allegiance.
3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M.
Ex-parte communications by Commissioners, 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. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, GRANTING A NON-USE VARIANCE TO
INSTALL AN EQUIPMENT SHELTER WHICH EXCEEDS THE
ALLOWED HEIGHT FOR ROOFTOP TELECOMMUNICATION
EQUIPMENT AT 2875 NE 191 STREET, AVENTURA, FLORIDA;
ALLOWING FOR AN EFFECTIVE DATE.
Community Development Planner Brenda Kelley explained the request of the
applicant. Mayor Snyder opened the public hearing. The following individual
addressed the Commission: Ron Engele, 6700 N. Andrews Avenue, Suite 700, Ft.
Lauderale, representing the applicant. There being no further speakers, the public
hearing was closed. A motion for approval of the request was offered by
Commissioner Perlow and seconded by Commissioner Cohen. A motion to defer
this item until April 21, 1998 was offered by Commissioner Cohen, seconded by
Commissioner Rogers-Libert and unanimously passed.
Mayor Snyder passed the gavel to Vice Mayor Beskin.
Commissioner Perlow left the meeting at this time.
Mayor Snyder and
B. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING APPROVAL OF PROPERTY CURE
FOR EMINENT DOMAIN PROCEEDINGS FOR PROPERTY LEGALLY
DESCRIBED IN EXHIBIT #1 AND COMMONLY KNOWN AS "COVE OF
BISCAYNE SHOPPING CENTER"; GRANTING A NON-USE VARIANCE
OF SETBACK REQUIREMENTS TO WAIVE ELEVEN FEET (11') OF
THE REQUIRED TWENTY FOOT (20') FRONT SETBACK WHERE A
NINE (9') FOOT FRONT SETBACK IS PROPOSED (BISCAYNE
BOULEVARD); GRANTING A NON-USE VARIANCE OF OPEN SPACE
REQUIREMENTS TO WAIVE 2.1% OF THE REQUIRED 12.6% OPEN
SPACE WHERE 10.5% OPEN SPACE IS PROPOSED; PROVIDING AN
EFFECTIVE DATE.
Community Development Planner Brenda Kelley explained the request of the
applicant. Vice Mayor Beskin opened the public hearing. The following individuals
addressed the Commission: Michael Snyder, Esq., 20803 Biscayne Boulevard,
representing the applicant; Charles Putman, 4722 NW 2nd Avenue, Boca Raton;
Lillian Valdespino, 1000 NW 111 Avenue Suite 6219, Counsel for FDOT; Harriett
Bronstein, 3500 Mystic Point Drive; and Brian Patchen, Esq., 2068 N. Bay Road,
Miami Beach. There being no further speakers, the public hearing was closed. A
motion for approval of the request was offered by Commissioner Berger and
seconded by Commissioner Cohen. A motion for deferral was offered by
Commissioner Berger and died for lack of second. The motion for approval died, 1-4
by roll call vote, with Commissioner Cohen voting yes, Commissioners Berger,
Rogers-Libert, Holzberg and Vice Mayor Beskin voting no, and Mayor Snyder and
Commissioner Pedow absent. A motion to waive the refiling deadline was offered by
Commissioner Berger, seconded by Commissioner Rogers-Libert and unanimously
passed.
Mayor Snyder and Commissioner Perlow returned to the meeting. Mayor Snyder
assumed the gavel.
2
4. APPOINTMENT OF VICE MAYOR: A motion was offered by Mayor Snyder,
seconded by Commissioner Rogers-Libert and unanimously passed to appoint
Commissioner Cohen as the next Vice Mayor effective May 1, 1998.
5. APPROVAL OF MINUTES: A motion to approve the minutes of the March 17, 1998
Commission Meeting, the March 24, 1998 Commission Workshop and the March 30,
1998 Town Hall Meeting was offered by Commissioner Cohen and seconded by
Commissioner Rogers-Libert. Vice Mayor Beskin requested correction of the
spelling of Attorney Chadroff's name in the minutes of the March 17, 1998 meeting.
The minutes, as amended, were unanimously approved.
6. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None
7. SPECIAL PRESENTATIONS: None.
CONSENT AGENDA: Commissioner Cohen requested removal of item 8.A.,
Commissioner Rogers-Libert requested removal of item 8.D. and Vice Mayor Beskin
requested removal of item 8.F., all from the Consent Agenda.
A motion to approve the items remaining on the Consent Agenda was offered by
Commissioner Rogers-Libert, seconded by Commissioner Cohen, unanimously
passed and the following action was taken:
B. Resolution No. 98-32 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF
MEMBERS TO THE CITY OF AVENTURA RECREATION AND
CULTURAL ARTS ADVISORY BOARD; AND PROVIDING AN
EFFECTIVE DATE.
C. Resolution No. 98-33 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPOINTING THE FIRM OF C.A.P.
ENGINEERING CONSULTANTS, INC. TO PERFORM BUILDING
INSPECTION AND PLAN REVIEW PROFESSIONAL CONSULTANT
SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED AGREEMENT FOR PROFESSIONAL SERVICES;
AGREEING TO THE NEGOTIATED SCOPE OF SERVICES AND FEES
CONTAINED IN SAID AGREEMENT; AND, PROVIDING AN
EFFECTIVE DATE.
The following motion was approved:
3
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $39,000
FOR SWAT TEAM EQUIPMENT FROM THE POLICE FORFEITURE
FUND IN ACCORDANCE WITH THE CITY MANAGEWS
MEMORANDUM
Mr. Weiss read the following ordinance by title, which was passed on first
reading by roll call vote:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;PROVIDING
FOR THE SEMI-ANNUAL APPOINTMENT OF VICE-MAYOR;
PROVIDING FOR SEVERABILITY, INCLUSlON IN THE CODE AND AN
EFFECTIVE DATE.
The following items were removed from the Consent Agenda and addressed
separately:
A. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, REQUESTING THE FLORIDA DEPARTMENT
OF TRANSPORTATION AND MIAMI-DADE COUNTY PUBLIC WORKS
DEPARTMENT TO STUDY THE FEASIBILITY OF CONNECTING THE
WILLIAM LEHMAN CAUSEWAY WITH DIXIE HIGHWAY IN ORDER TO
IMPROVE TRAFFIC CIRCULATION AND REDUCE TRAFFIC AT THE
INTERSECTIONS OF IVES DAIRY ROAD AND BISCAYNE
BOULEVARD; AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Perlow and seconded by
Commissioner Holzberg. An amendment was offered by Commissioner Cohen,
seconded by Commissioner Rogers-Libert and unanimously passed to include in
the study the widening of Dixie Highway and to further identify Dixie Highway as
West Dixie Highway. The motion for approval, as amended, passed
unanimously and Resolution No. 98-34 Was adopted.
D. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE 98-02 WHICH
ESTABLISHED A RESIDENCY POLICY FOR UTILIZATION OF
AVENTURA FOUNDERS PARK; BY AMENDING SECTION 1 TO
FURTHER DEFINE THAT PORTION OF FOUNDERS PARK FOR
WHICH A RESIDENCY POLICY IS ESTABLISHED; PROVIDING FOR
4
=
SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Perlow and seconded by
Commissioner Holzberg. A motion for deferral was offered by Commissioner
Rogers-Libed and died for lack of second. The motion for approval passed, 5-2
by roll call vote, with Commissioners Holzberg, Cohen, Perlow, Vice Mayor
Beskin and Mayor Snyder voting yes and Commissioners Berger and Rogers-
Libert voting no.
F. Mr. Weiss read the following motion:
MOTION TO ACCEPT FOR FILING THE COMPREHENSIVE ANNUAL
FINANCIAL REPORT FOR FISCAL YEAR ENDED 9/30/97
A motion for approval was offered by Vice Mayor Beskin, seconded by
Commissioner Holzberg and unanimously passed.
PUBLIC HEARINGS: ORDINANCES- SECOND READING
A. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE BY CREATING CHAPTER 4 OF THE CITY CODE
"ALCOHOLIC BEVERAGES"; PROVIDING FOR THE REGULATION OF
HOURS AND DAYS OF SALE AND LOCATION OF PLACE OF
BUSINESS FOR SALE OF ALCOHOLIC BEVERAGES; PROVIDING
FOR DEFINITIONS; REPLACING COUNTY ZONING RESTRICTIONS
ON HOURS AND DAYS OF SALE AND LOCATION OF PLACE OF
BUSINESS, MAINTAINING COUNTY ZONING DISTRICT
REGULATIONS; PROVIDING FOR REGULATION OF CONDUCT
CONCERNING HOURS AND DAYS OF SALE; PROVIDING FOR
INSPECTIONS; PROVIDING FOR SEVERABILITY, PENALTY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg and seconded by
Commissioner Berger. Mayor Snyder opened the public hearing. The following
speakers addressed the Commission: George Berlin, 1940 NE 194 Drive; Sy
Chadroff, Esq., 2700 SW 37 Avenue; and Ted Siegel, One Island Place. There
being no further speakers, the public hearing was closed. An amendment was
offered by Commissioner Berger and seconded by Commissioner Holzberg to
amend the ordinance to provide that restaurants holding an SRX liquor license
shall be permitted to sell alcohol until 3 a.m. An amendment was offered by
Mayor Snyder and seconded by Commissioner Holzberg to amend the entire
5
ordinance to extend the time of hours of sale to 3 a.m. The Snyder amendment
failed, 1-6, with Mayor Snyder voting yes and Commissioners Berger, Cohen,
Holzberg, Perlow, Rogers-Libert, and Vice Mayor Beskin voting no. The Berger
amendment passed, 7-0. The motion for approval, as amended, passed
unanimously by roll call vote and Ordinance No. 98-10 was enacted.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
ORDINANCE NO. 97-20 WHICH PROVIDED THE TERMS AND
CONDITIONS FOR THE OPERATION OF CABLE TELEVISION
SYSTEMS AND PROCEDURES RELATING TO THE GRANT OF
FRANCHISES; AMENDING SECTION 14.B, SECTION 15.G, SECTION
16.C, SECTION 18.E, F, G ,K, AND S; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR A SAVINGS
CLAUSE AND PROVIDING AN EFFECTIVE DATE.
Mayor Snyder opened the public hearing. There being no speakers, the public
hearing was closed. A motion for approval was offered by Commissioner
Rogers-Libert, seconded by Commissioner Cohen, passed 4-0 by roll call vote
with Commissioners Berger, Perlow and Vice Mayor Beskin absent and
Ordinance No. 98-11 was enacted.
C. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AUTHORIZING THE cl'rY MANAGER TO EXECUTE THE ATTACHED
CABLE FRANCHISE AGREEMENT BY AND BETWEEN THE CITY AND
COMCAST CABLEVISlON OF BROWARD COUNTY, INC.;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND
PROVIDING AN EFFECTIVE DATE.
Mayor Snyder opened the public hearing. There being no speakers, the public
hearing was closed. A motion for approval was offered by Commissioner
Rogers-Libert, seconded by Commissioner Cohen, passed 4-0 by roll call vote
with Commissioners Berger, Perlow and Vice Mayor Beskin absent and
Ordinance No. 98-12 was enacted.
10. OTHER BUSINESS: None
11.
REPORTS: As presented. Mayor Snyder appointed Commissioners Berger
(Chair), Cohen and Vice Mayor Beskin to research the feasibility/need for a day
care facility in the City.
6
12.
13.
PUBLIC COMMENTS. The following individuals addressed the Commission:
Marian Nesbitt, Landmark; George Feffer, Admirals Port; Sol Kalichman,
Biscayne Lake Gardens; and Frank Wellenborg, Admirals Port.
ADJOURNMENT. There being no further business to come before the
Commission at this time, after motion made, seconded and unanimously passed,
the meeting adjourned at 9:20 p.m.
Teresa M. Smith, CMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered
et a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that
a verbatim record of the proceedings if made, which record includes the testimony and evidence upon which
the appeal is to be based.
7
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Commission ~
Eric M. Soroka, Cit ;r
April 14, 1998
Traffic Control Jurisdiction Agreement - Ensenada Condominium
Association, Inc.
April 21, 1998 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission authorize the execution of the attached
Traffic Control Jurisdiction Agreement with the Ensenada Condominium Association,
Inc. 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 Commission
Page 2
']'he program has been received well by the community.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0553-98
RESOLUTION NO. __
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED TRAFFIC
CONTROL JURISDICTION AGREEMENT BE'F~NEEN
ENSENADA 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 COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Traffic Control Jurisdiction Agreement between Ensenada 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.
Section3. This Resolution shall become effective
adoption.
The foregoing Resolution was offered by Commissioner , who
moved its adoption. The motion was seconded by Commissioner ,
and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Ken Cohen
immediately upon its
Resolution No. 98-02
Page 2
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 21~ day of April, 1998.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
TRAFFIC CONTROL JURISDICTION AGREEMENT
THIS AGREEMENT is made and entered into this 30 day of ~arch . 199~
by and between ENSENADA 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 ail the private roadways within the area
described as follows:
3401 - 3475 NORTH COUNTRY CLUB DRIVE
AVENTURA, FLORIDA 33180'
of Dade County, Flodda, and commonly known as g~AnA nn~nMT~Tl'1~f A~-qN. ,
(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 Flodda
State Statutes 316.006.
NOW, THEREFORE, for Ten and No/100 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.
INC ·
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 taws 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. Liability 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 0rdinadly 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
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 Agreement. 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. Governing 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 11th
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 Pdvate 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.
Signed, sealed and delivered
In the presence of:
OWNER:
ATTEST:
Teresa M. Smith, CMC
City Clerk
Approved as to Legal Sufficiency:
CITY OF AVENTURA, a Flodda
Municipal corporation
By.
Eric M. Soroka
City Manager
City Attorney
5
Exhibit A
Patrol
Aventura Police Officers in marked police vehicles or motorcycles will patrol the
private roads of the ~/o[- :7, q-75- r,/~F;p~c~d~J-i~( tLu6 Dio-,*~J,~ 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.
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Commission ~
Eric M. Soroka, Cit
April 14, 1998
Traffic Control Jurisdiction Agreement- Flamenco Towers
April 21, 1998 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission authorize the execution of the attached
Traffic Control Jurisdiction Agreement with the Flanco Condominium Association, Inc.
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 rome
and enhance traffic enfomement.
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 enfomement 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 Commission
Page 2
The program has been received well by the community.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0554-98
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED TRAFFIC
CONTROL JURISDICTION AGREEMENT BETWEEN
FLAMENCO TOWERS 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 COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Traffic Control Jurisdiction Agreement between Flamenco Towers 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 Commissioner , who
moved its adoption. The motion was seconded by Commissioner ,
and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Ken Cohen
Resolution No. 98-02
Page 2
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 21't day of April, 1998.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
TRAFFIC CONTROL JURISDICTION AGREEMENT
THIS AGREEMENT is made and entered into this 9t%lay of April . 199_8,
by and beb~een FLANCO CONDO ASSN. INC. (k/a FLAMENCO TOWERS) ,
(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:
PARKING LOT- 3701/3731 N. Country club Drive
of Dade County, Florida, and commonly known as FLAMENCO TOWERS
(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/100 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 "^", 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. Liability 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 Agreement. This Agreement 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. Governing 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 11th
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. 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. 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
4
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.
Signed, sealed and (~N~vered
I n the,~re~sence of.,~ J /,~
ATTEST:
Teresa M. Smith, CMC
City Clerk
Approved as to Legal Sufficiency:
City Attorney
CITY OF AVENTURA, a Florida
Municipal corporation
By
Eric M. Soroka
City Manager
5
POLICY NUMBER: Fn2111-O2 COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED--DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Pe~on or Organization:
The City of Aventura, Florida A Florida Municipal Corporation (The City) and the City
and City's Officers, Agents and Employees with respect to Traffic Control or Enforcement
of the Private Roads.
The Insurance Corporation of New York shall provide for 30 days prior written Notice
of Cancellation or change in scope or amount of coverage of such policy.
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the
Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or
rented to you.
CG 20 26 11 85
Copyright, Insurance _Services Office, Inc., 1984
RECEIVED
APR 0 9 t998
OFFICE OF THE
CI"Pf MANAGER
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Commission .~/
~ri~l%~:r9o9k8a, Cit~
Change Order - Aventura Boulevard Streetscape Project
April 21, 1998 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve the subject Change Order in the
amount of $27,657.50 for miscellaneous items relating to the Aventura Boulevard
Streetscape Project.
BACKGROUND
The following items required additional work associated with the Aventura Boulevard
Streetscape Project, which were not anticipated as part of the original contract:
Irrigation Main Line Repairs and Replacement - $4,250 - Unforeseeable
underground conflicts with utilities occurred in the field and required
repairs to occur to prevent stoppage of work.
Irrigation Control Wire Replacement, North Side of Aventura Boulevard -
$1,775 - The irrigation control wiring of the north side of Aventura
Boulevard was in direct conflict with the Oak tree installation and light pole
foundations. This was an unforeseeable condition that occurred in the
field.
Additional Jack and Bore for Irrigation Piping - $8,143 - Five jack and
bore under the Boulevard pavement between medians 2, 3 and 4 were
required for the installation of irrigation piping and control wiring. The
underground conditions were unknown at the time of the contract award.
Lower Manhole and Raise Water Valve Box - $700 - Due to construction
conditions that were unforeseen at the time of contract award, these
revisions are required to ensure proper road conditions,
Memo to City Commission
Page 2
Remove and Replace 473 L.F. of 5' Wide Sidewalk - $11,589 - This is
additional work requested by the City based on an inspection of the
sidewalk conditions along Aventura Boulevard and to ensure compliance
with the American With Disabilities Act and safety requirements.
Installation of 100 L.F. of "F" Type Curbing at Bus Stop - $1,760 - The
bus stop on the north side of Aventura Boulevard, west of Walgreen's
Shopping Center is not in compliance with FDOT standards. In order to
improve safety conditions and ensure code compliance, additional curbing
is required at the bus stop.
The City's consultant and Capital Projects Manager have reviewed the items contained
in the Change Order.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0556-98
RESOLUTION NO. 98-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED CHANGE
ORDER FOR BID NO. 97-9-30-2, AVENTURA
BOULEVARD STREETSCAPE AND BISCAYNE
BOULEVARD NORTHERN MEDIAN, BY AND BETWEEN
THE CITY AND VILA & SON LANDSCAPING
CORPORATION; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute and otherwise
enter into the Change Order for Bid No. 97-9-30-2, Aventura Boulevard Streetscape
and Biscayne Boulevard Northern Median, by and between the City and Vila & Son
Landscaping Corporation, attached hereto and incorporated herein as specifically as if
set forth at length herein. Said Change Order amount is $27,657.50.
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 Commissioner , who
moved its adoption. The motion wes seconded by Commissioner , and
upon being put to a vote, the vote was as follows:
Resolution No. 98-~
Page 2
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 21~t day of April, 1998.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
CITY OF AVENTURA
CHANGE ORDER FORM
CHANGE ORDER NO. 4
CONTRACT NUMBER: 97-9-30-2
DATE: March 12, 1998
PROJECT TITLE: Aventura Boulevard Streetscape and Biscayne Boulevard Northern Median
PROJECT CONTRACTOR: Vila & Son Landscaping Corporation
COST: $27.657.50
BUDGET LINE ITEM: 001-8050-541-63-0t Aventura Blvd. Streetscape
DESCRIPTION OF CHANGES: 1. Irrigation main line repairs. 2.Irrigation Iow voltage control wiring repairs.3.Add
5jack and bores at medians. 4.Lower utility manhole. 5. Raise utility manhole 6. Remove and replace 473 LF. of
5'0" sidewalk. 7~,dd 100 L.F. of type "F" curbing.
Original Contract:
Total Previous Change Orders:
This Change Order:
Revised Contract Amount:
Total Change Orders to Date: 3
Contract Amount Before This Change: $1,449,019.20
Total Change in Contract Period: 0 Calendar Days
$1,347,985.45
$ 101,033.75
$ 27,657.50
$1,476,676.70
The sum of $27,657.50 is hereby added to the Contract price, and the total adjusted Contract price to date thereby is
$1,476,676.70. The time provided for completion in the Contract is increased or decreased by 0 calendar days. This
document shall become an amendment to the Contract and all provisions of the Contract will apply thereto.
Recommended by.
Consultant Date
Recommended by
Director/Capital Projects Manager
Date
Recommended for Budgetary Purposes:
Finance Support Services Director Date
Approved by
City Manager Date
Accepted by
Contractor Date
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
City Council
Eric M. Soroka,
Brenda Kelley, Plann(
April 2, 1998
SUBJECT: Petition of Consult-Tech Engineering, Inc. for Final Plat approval of
Williams Island Fourth Amended (05-SUB-98)
April 21, 1998 City Council Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve the Williams Island Fourth
Amended Final Plat and direct the City Clerk to record the Plat approval Resolution in
the Public Records of Miami-Dade County, all costs to be borne by the applicant.
THE REQUEST
The applicant, Consult-Tech Engineering, Inc. is requesting Final Plat approval of the
subject property with the intent of constructing two (2) residential high-rise buildings on
the property (see application as attached Exhibit #1).
BACKGROUND
OWNER OF PROPERTY:
Williams Island Associates, Ltd., 6000 Island
Boulevard, Inc., and 7000 Island Boulevard,
Inc.
NAME OF APPLICANT: ConsuI-Tech Engineering, Inc.
LEGAL DESCRIPTION:
LOCATION OF PROPERTY:
SIZE OF PROPERTY:
Tract "A" of Williams Island Amended as
recorded in Plat Book 126, Page 49 of the
Public Records of Dade County, Florida
South of 183rd Street between Island
Boulevard and Dumfoundling Bay (See Exhibit
#2 for a Location Map)
Approximately 20,91 gross acres
DESCRIPTION/BACKGROUND
The owner of the Williams Island property received vested development rights with the
Declaration of Restrictions proffered in connection with Dade County Zoning Hearing
No. 75-9-CC-30. The hearing dealt with the re-zoning ordered by the Circuit Court in
litigation on the Williams Island property. The Declaration of Restrictions assured that
the property owner would be entitled to develop the property at up to 45 units per gross
acre under the provisions of county zoning and parking ordinances in effect at the time.
Since the Declaration of Restrictions eliminated all previous site plans, the owner lost
the ability to develop more than one building per tract.
The site is currently platted as Tract "A" of Williams Island Amended, PB126-49. The
applicant is requesting a replat of Tract "A" in order to create two separate tracts, "K"
and "J", for the purpose of constructing two (2) residential high-rise buildings.
Miami-Dade County approved the Site Plan for both high-rise buildings on December
26, 1996. A summary of the approved Site Plan is shown below. Miami-Dade County
approved the Tentative Plat for the property on February 6, 1998.
Tract "J" Tract "K"
Gross Acreage 9.20 acres 11.71 acres
Density Allowed 45 units/acre* 45 units/acre*
Density Actual 32.61 units/acre 25.62 units/acre
Units Actual 300 units 300 units
Height Actual 290'-0" 290'-0"
* According to Declaration of Restrictions O.R.B. 10678 Pg 1347
ANALYSIS
Site Plan - The Final Plat is consistent with the approved Site Plan.
Zoning - The zoning of the property is RU-4A, Hotel Apartment House District. The
platting of two (2) tracts is consistent with the vested rights determination made by
Miami-Dade County for the property concerning zoning and parking provisions.
Future Land Use Designation - The Future Land Use designation for the property is
Medium High Density Residential - up to 60 dwelling units per gross acre. The platting
of two (2) tracts is consistent with the Future Land Use designation.
Access - An ingress/egress easement and utility easement is being dedicated to the
Williams Island Property Owner's Association, Inc. at the request of staff in order to
ensure safe and adequate access to Tract "J" though Tract "K".
· Consulting Engineers
· Land Planners
· Land Surveyors
· Transportation Engineers
· Environmental Engineers
· Construction Managers
· Forensic Engineers
· CPS & GIS Consultants
· Aviation Consultants
pRINCIPALS:
GARY G. BLOOM, EE.
STEPHEN G. VRABEL, RL.S.
ANDRESGARGANTA, EE.
CARLOS M. MALLOL, EE.
ASSOCIATES:
JOHN T. DOOGAN, RL.S.
WILMA A. HERNANDEZ
AUREL10 MATOS, JR.
GILBERT PORTELA, P.E.
WILLIAM F. PRECHT, C.P.G.
Miami Office
10570 N.W. 27th Street
Miami, FL 33172
(305) 599-3141
Fax (305) 599-3143
Other Offices
Corporate
(954) 785-8400
Fax (954) 785-5923
Bonita Springs
(941) 947-0266
FAX (941) 947-1323
FL Pierce
(561) 467-9085
FAX (561) 467-9350
Jacksonville
(904) 276-3100
FAX (904) 276-3102
Orlando
(407) 843-0094
FAX (407) 423-0085
Pembroke Pines
(954) 436-5786
FAX (954)436-7742
South Dade
(305) 255-1222
FAX(305) 255-6333
CONSUL-TECH ENGINEERING, INC.
February 26th, 1998
Mr. Jaye Epstein, Director
Community Development Department
City of Aventura
2999 N.E. 191 Street, Suite 500
Aventura, FL 33180
Letter of Intent/Final Plat/Williams Island Fourth Amended
CTE Project No. 870920.n
Dear Mr. Epstein:
Enclosed is an application for Final Plat approval for Williams Island
Fouth Amended (6000 and 7000 Island Blvd.). This is a replat of
Tract "A" to create two tracts, "J" and "K" in order to parcelize the
two proposed developments. Tentative Plat approval has been granted
by Miami-Dade County as indicated on the enclosed Notice of Action.
We have included the following items, as required, with this
application:
All the zoning resolutions that are applicable to the Williams
Island development, however, please note that these resolutions
are on the overall property and do not necessarily effective
Tract "A" exclusively. A copy of the approved site plan is also
included indicating the proposed development of the two tracts.
The Encumbrances Report for the property which is quite large.
If this amount of detail is not required please return for our
future reference.
The information for the Lot/Parcel Analysis is contained on the
plat with the acerage for each tract indicated.
There are no new easements being created by this plat, in fact
there are easements for the City of Notth Miami Beach and
FPL that are being vacated by separate instrument: Since the
existing easements are adequate and acceptable there are no
letters from the utilities companies furnished at this time.
EXHIBIT #1
The remainder of items required for submission are included
with this application.
As you are aware, and is usually the case, there are some very tight
time constraints on this development approval. In light of this
situation, we kindly request your prompt review of this application and
please contact our office if there is any concerns or questions as you
complete your review.
Sincerely,
~Plmmer
c:
Robert Finvarb, Williams Island
Orlando Camps, Williams Island
Joe Goldstein, Greenberg Taurig
John England, CTE
Steve Seeley, CTE
Ed Ploski, CTE
CONSUL-TECH ENGINEERING, INC.
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
2999 NE 191 Street, Suite 500
Aventura, Florida 33180
(305) 466-8940
APPLICATION FOR FINAL PLAT
DATE: FEBRUARy 24~ 1998
PROPOSED PLAT NAME: WILLIAMS ISLAND FOURTH AaMENDED
LOCATION: N.E. 183RD STREET EAST OF BISCAYNE BOULEVARD
LEGAL DESCRIPTION: TRACT "A" OF WILLIAMS ISLAND A!{ENDED, P.B. 126z PAGE 49, D.C.R~.
FOLIO NUMBER(s):
CURRENT ZONING: RD-4A
PROPOSED USE(S) OF PROPERTY:
x Residential:
__ Non-Residential:
Gross Acres within Plat:
Right of Way within Plat:
Water within Plat:
Net within Plat:
CURRENT LAND USE: RESIDENTIAL
739 Dwelling Units
(number)
(gross leasable ama)
20.910
20.910 acres
Name of Applicant or Contact Person:
~ONSUL-TECH ENGINEERING, INC.
CYRIL SAIPHO0
Phone No.:
~305~ 599-3141
Address of Applicant:
10570 N.W. 27TH STREETI SUITE 101, MIAMI, FLORIDA ~,~7~.
Name of Property Owner (if other than Applicant): Phone No.:
W ILL IA~MS ISLAND
(305) 937-7823
Address of Property Owner:
7900 ISLAND BOULEVARD, AVENTURA, FLORIDA 33160
If there is a CONTRACT FOR PURCHASE, whether contingent on this application or not, and
whether a Corporetion, Trustee, or Partnemhip, list the 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 disclosure shall be required which discloses the identity of the
individual(s) (natural persons) having the ultimate ownership interest in the aforementioned entity].
Date of Contract:
Name
Name and Address
Percentage of Interest
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
Signiture of ~pplicant Print Name of Applicant
STATE OF ~-/O~/~x~ COUNTY OF
~e fo~t,:~;~om to a~d Sub~b~ bef~e me th:~:~a~~wh°
{ ~. Linda Pari MotameO
Note: Disclosure shall not be required of any entity, the equity interests in which are regularly traded
on an established securities market in the United States or other country; or of any entity, the
ownership 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.
2
The following documents are required to be submitted w th and are deemed to b e
Inco~ora~e~; into this petition, as applicable:
ALL APPLICATIONS MUST BE ACCOMPANIED BY A LEq-i'ER OF INTENT.
Please describe in detail, whether and to what extent the requested development action serves
a public benefit which would warrant the grant ng of the request and specific justification for
approval of the application, nature of the requests and any other pertinent information.
Insufficient justification may result in the denial Of your application.
-- One (1) original application, signed and notarized by the applicant, owner andlor attorney and, if
necessary, authorization for another individual to represent the applicant.
One (1) original, current (within 30 days) Ownership and Encumbrances Report for the subject
property and copies of documents referenced in that report.
A complete zoning history of the property is required. The attached Certificate of Resolutions
form must be completed and signed by a Miami-Dade employee from the Zoning Information
Section.
Twelve (12) copies (folded) of a registered, current (within 30 days), signed and sealed survey
of the subject property, based upon and referencing the Ownership and Encumbrances Report.
Surveys must delineate existing natural features, easements, existing structures and uses, and
existing utility lines.
One (1) copy (folded) of the approved Tentative Plat, signed and sealed (if applicable).
Twelve (12) copies (folded) of the Final Plat, signed and sealed.
__ Lot/Parcel Analysis required, including, but not limited to, the following information relative to lots
and parcels in each zoning district: number of lots, smallest lot size, average lot size, number of
parcels, acreage in each parcel.
Letters from all utilities franchised to operate in the City (Florida Power and Light, Southern Bell,
WASA, Cable) relative to adequacy of proposed easements shown in the plat/site plan,
including approval of shared easements.
Disclosure of Interest Form.
Does property owner own contiguous property to the subject property? If so, give complete legal
description of entire contiguous property.
YES, TRACT "B" WILLI~24S ISLAND SECTION ONE, PLAT BOOK i20, PAGE 43
Is there an option to purchase or lease subject property or property contiguous thereto,
predicated on the approval of this application? Yes __ No X
If yes, who are the affected parties?
(Copy of purchase contract must be submitted with this application).
Do these plans represent new construction?
Has construction started?
Has construction been completed?
Are there any exisUng structures on the property?
Will the existing structures be demolished?
Yes __ No x
Yes__ No X
Yes__ No x
Yes x No
Yes__ No ×
Filinq and HeaHnf] Fees
AcheckmadepayabletotheCityofAventurafortheamount: $ ],939.00
Residential: $1200.00 plus $1.00 per unit
Non-residential: $1200.00 plus $25.00 per acre
A check made payable to MlamI-Dade County for $110.00 for Concurrency review by the
County.
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.
4. 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 supplementary 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, orthe 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 headng agenda. An application submitted pdor 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.
5. Procedure for Platting or RelHattinQ:
2.
3.
4.
Twelve (12) copies of the Tentative Plat are submitted to the City's Community Development
Department.
City determines if the Tentative Plat meets the requirements of the City Code.
Upon approval by the Community Development Department, the applicant submits the Tentative
Plat to Miami-Dade County along with the City's staff report confirming approval.
Upon approval by Miami-Dade County, the applicant prepares the Final Plat and submits twelve
(12) copies to the Community Development Department. The Final Plat appears before the City
Council for approval.
The City Council, if approving the Final Plat, passes a resolution.
The Final Plat is ~ubmitted to Miami~Dade County along with the City's resolution, for final
approval and recording.
For Office Use
Date Application Received: Application Number:
3
DEVELOPMENT APPLICATION OWNER CERTIFICATION
(Please complete al._]l that apply)
For use when petitioner is the Owner of sub/ect 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 with all application requirements prior to this petition being scheduled
for any public hearing. I also understand that it 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 tree and correct.
Print Name of Petitioner Signature of Petitioner
STATE OF COUNTY OF
b'r~e foregoing inatrumeof was Sworn to and Subscribed before me this day of _, 19 ,
. who is personally known to me or who has produced
as ideofification.
Pdated Name of Notary Public
My Commission Expires:
Signature of Notary Public
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
CONSUL-?EC~ ENGINEERINC to make and file the aforesaid petition. T~is fu~her ~ifies that read
this petition and the statements ~ntained herein are tm~~ I have
Print Name of Petitioner SignatUre of Petitioner
STATE OF FLORIDA COUN~ OF MI~I-DAD~
~efor~oi~in~m~twas~rntoandSubs=ib~beforemethis ~ day~ ~ , 19 ~
My Commission ~ims:
Tenant or Owner Affidavit
I, , being first duly sworn,
depose and say that I am the owner/tenant of the pmpe~ described and which is the subject maUer of the
proposed headng; that all the answers to the questions in this application, and all sketch data and other
supplemen~ maffer affached to and made a pa~ of the appli~tion am honest and tree. I undemtand
this appli~tion must be ~mpleted and accurate before a headn9 ~n be advedised. In the event that I or
any one appearing on my beha~ is found to have made a matedal misrepresentation, e~ther omi or wri~en,
regaling th~s application, I undemtand that any development action may be voidable at the option of the
CiW of Aventura.
Print Name of Petitioner Signature of Petitioner
STATE OF COUNT~ OF
dayof , 19
~ye foregoing inst;ument was Sworn to and Subscribed before me thiSwh° is personally known to me or who has produc~
as identification.
Printed Name of Notap/Public Signature of Notary Public
My Commission Expires:
Attorney Affidavit
I,
, being first duly
sworn, depose and say that I am a State of FIodda Attorney at Law, and I am the Attomey 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 headng can be advertised. In the event that I or any one appearing on
my behalf is found to have made a matedal misrepresentation, either oral or wdtten, regarding this
application, I understand that any development action may 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 Sworn to and Subscribed bathe me this -- day of , 19
by who is persona;ly known to me or who has produce~
as identification.
Printed Name of Notary Public
My Commission Expires:
Signature of Notary Public
Corporation Affidavit
I/We, , being first duly sworn,
depose and say that I/~'e are the President/Vice President, 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 headng.
We understand that this application must be complete and accurate before a hearing can be advertised.
In the event that I or any one appearing on oar behalf is found to have made a matadal 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.
Print Name of Petitioner Signature of Petitioner
STATE OF COUNTY OF
The foregoing instrument was Sworn to and Subscribed before me this --. day of ., 19
, by who is persona~ly known to me or who has
produced as identification.
Pdnted Name of Notary Public
My Commission Expires:
Signature of Notary Public
2
DISCLOSURE OFINTEREST
If the property, which is the subject of the application, is owned or leased by a CORPORATION, list
the pdncipal stockholdem and the percentage of stock owned by each. [Note: where the principal
officem or stockholdem consist of another corporation(s), trustee(s), partnership(s) or other similar
entities, fu~her dis~osure shall be required which discloses the identi~ of the individual(s) (natural
pemons) having the ultimate ownership interest in the aforementioned entity].
6000 Island Boulevard, Inc.; 7000 Island Boulevard, Inc.
Corporation Name
Name, Address, and Office Percentage of Stock
The ultimate owner of 6000 Island Boulevard~ Inc.
and 7000 Island Boulevard, Inc. is a trust, the
beneficiaries of which may include members of the
families of Julius Trump and Eddie Trump (who both
reside at 4000 Island Boulevard, Williams Island,
Florida) or certain charitable institutions.
if the property which is the subject of the application is owned or teased by a TRUSTEE, list the
beneficiaries of the trust and the percentage of interest held by each.. [Note: where the
beneficiary(ies) 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
Percentage of Interest
If the property which is the subject of the application is owned or leased by a PARTNERSHIP or
LIMITED PARTNERSHIP, list the princ pals of the partner*ship, including general and limited partners,
and the percentage of ownership held by each. [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 the ultimate ownership
interest in the aforementioned entity].
Williams Island Associates, Ltd.
Partnership or Limited Partnership Name
Name and Address Percentage of Ownership
The ultimate owner of Williams Island Associates,
Ltd. is a trust, the beneficiaries of which may_
include members of the families of Julius Trump
and Eddie Trump (who both reside at 4000 Island
Boulevard, Williams Island, Florida) or certain
charitable institutions.
BROWARD COUNT~r
201 TER.
Mall
Gu~tream
Park
SE
YACHT CLUB DR.
CIRCLE
WAY
Shoppes 207 ST.
UB DR.
192 S~
of Aventura
188 S~
33'f 80
33'
Roadways
City Boundary
ZIP
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, APPROVING THE
WILLIAMS ISLAND FOURTH AMENDED FINAL PLAT,
SECTION 10, TOWNSHIP 52S, RANGE 42E OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA;
PROVIDING FOR RECORDATION; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, ConsuI-Tech Engineering, Inc. by and through Petition No. 05-SUB-
98 and in accordance with the Miami-Dade County Land Development Code, requested
Final Plat approval for Williams Island Fourth Amended, Section 10, Township 52S,
Range 42E, of the Public Records of Dade County, Florida, the Final Plat being
incorporated herein by reference and made a part of this Resolution as Exhibit #1; and
WHEREAS, at a duly advertised public meeting held on April 21, 1998, the City
Commission heard, reviewed and duly considered the reports, findings and
recommendations of the City Administration, together with testimony at the public
meeting, and upon deliberation, finds that Final Plat approval for Williams Island Fourth
Amended, Section 10, Township 52S, Range 42E, is in the best interests of the citizens
of the City of Aventura;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The Final Plat for Williams Island Fourth Amended, Section 10,
Township 52S, Range 42E, of the Public Records of Dade County, Florida as more
particularly described as:
Resolution No.
Page 2
A REPLAT OF TRACT "A" OF WILLIAMS ISLAND
AMENDED AS RECORDED IN PLAT BOOK 126, PAGE 49,
OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA
AND LYING IN SECTION 10, TOWNSHIP 52 SOUTH,
RANGE 42 EAST CITY OF AVENTURA, MIAMI-DADE
COUNTY, FLORIDA.
is hereby granted exclusively to the Applicant.
Section 2.
face of the Plat.
Section 3,
Dade County, Florida with the petitioner to pay the costs thereof.
Section4. This Resolution shall become effective immediately
adoption.
The foregoing Resolution was offered by Commissioner
its adoption. The motion was seconded by Commissioner
put to vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
The City Manager and City Clerk are hereby authorized to sign the
This Resolution shall be recorded in the Public Records of Miami-
upon its
., who moved
, and upon being
Resolution No.
Page 3
PASSED AND ADOPTED this day of
,199__.
ATTEST:
Arthur I. Snyder, Mayor
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
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Commission ity~
Eric M. Soroka, C
April 21, 1998
Safe Neighborhood Parks Bond Program Grant Application
April 21, 1998 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve a motion authorizing the City
Manager to submit a grant application for the Safe Neighborhood Parks Bond Program in
order to pay for 50% of the cost ($1,375,000) of acquiring the Huber Tract for recreation /
open space purposes. In addition, the motion should include authorization to commence
negotiations for the purchase of the Huber Tract.
BACKGROUND
As part of the Comprehensive Plan preparation process, the City Commission has
expressed their desire to purchase the 4 +_ acre Huber Tract for recreation / open space
purposes. The Huber Tract is on the northeast edge of "Thunder Alley". The property is
one of the last remaining waterfront parcels in Miami-Dade County.
Attached hereto is a proposed Grant Application for the Safe Neighborhood Parks Bond
Program in the amount of $1,375,000. The proposed selling price of the land is between $2
and $2.75 million. This represents fifty pement (50%) of the cost of the property. The City
would be required to provide the remaining funds for the land through its own soumes or
other grant funds. The grant application deadline is April 25, 1998.
I have placed this matter on the Agenda as an "add on" in order to obtain the City
Commission's concurrence to file the grant application.
It is anticipated that once the land is acquired, it would be two to four years before any
development or construction would occur on the parcel for recreation / open space
purposes.
EMS/aca
Attachment
CC0558-98
Safe Neighborhood Parks (SNP) Bond Program
Challenge Grant
Application Form
TYPE APPLICATION (Check Only One)
( x ) Natural Areas & Open Space Land Acquisition
( ) Land Acquisition/Construction/Development of Youth Recreation &
Service Facilities
II.
APPLICANT INFORMATION
A. Applicant (Agency Name) City of Aventura
Joint Applicant Name (If Applicable) N/A
Contact Person Robert M. Sherman Title Director of ('l'lllllllllll~l'y
Mailing Address 2999 ~ 191 street, Suite 500
City Aventura
State FI
Zip Code 3318o
Telephone (305) 466-8930 Fax (305) 666-8939
Applicant/Joint Applicant Certification
I hereby certify the information provided in this application and any
attachments is tree and accurate. I further certify that I possess the authority
to apply for this grant on behalf of the applicant/joint applicant.
Signature of Authorized Representative
Eric H. Soroka, City Manager
Date
Signature of Authorized Representative
(Joint Applicant)
Date
GRANT OVERVIEW
A. Grant Title (Park Name) Aventura Waterfront Park
B. Park Address 3225 NE 188 Street, Aventura, FL 33180
C. County Commission District(s) where park is located District 6, Cow~ ssioner llargol~_s
Page 1 of 8
CITY OF AVENTURA
GOVERNMENT CENTER
AVENTURA~ FLORIDA 33180
OFFICE OF THE CITY MANAGER
April 20, 1998
Beverly D. Mirman, D.P.A., Director
Office of Safe Neighborhood Parks
111 NW 1st Street, Suite 650
Miami, FL 33128-19912
RE: City of Aventura Challenge Grant Application
Dear Dr. Mirman:
This letter will serve as a Letter of Commitment from the City of Aventura regarding the
aforementioned grant program. The City of Aventura will commit $1,375,000 as matching
funds equal to the grant request of $1,375,000 towards the acquisition of the Huber Tract
as contained in the Challenge Grant Application for park purposes.
If you need any further information regarding this application, please contact this office at
your convenience. Thank you for your assistance and direction in this very important
project.
Sincerely,
Eric M. Soroka
City Manager
EMS/gf
Attachment
CMO694-98
PHONE: 305-466-8910 · FAX: 305~466-8938
D. Brief Grant Description Acquisition of approximately 3.75 acres of vacant
undeveloped property for public park purposes. Property is bound
on north and east by the Intracoastal Waterway/~mfoundling Bay.
Property is one of the last remaining waterfront parcels in Dade County
available for park.
E. Funding Request (Dollar for Dollar Match is Required)
Anticipated Anticipated Anticipated Total
Funding Expenditures Expenditures Expenditures Project
Category in Year One in Year Two in Year Three Allocation
Grant $
Requested $1 ~375~000 $ $ $1 ~375,000
Cash Match
Committed* $1,375,000 $ $ $1,375,000
tOTAL $ 2,750,000 ,$ $ $2,75o,000
*Letter(s) of commitment for matching fi~nds equal to the grant request should be
attached. Letter(s) indicating match availability prior to December 1998 may be included.
Documentation of all match funds will be required prior to contract execution,
F. Grant Type (check all that apply)
( )1.
Development, Land Owned
(a) If the applicant is a Not-For-Profit, has a Public Agency
agreed to the development on the Public Agency's
property? (circle one) (YES) (NO)
NAME OF PUBLIC AGENCY
If NO, reason they have not agreed.
)2.
Development, Land Leased
(a) If the app~cant is a Not-For-Profit, has a Public Agency
agreed to the development on the Public Agency's
leased property? (circle one) (YES) (NO)
NAME OF PUBLIC AGENCY
If NO, reason they have not agreed.
Page 2 of 8
) 3.
Land Acquisition
(a) If the applicant is a Not-For-Profit, has a Public~Ag~cy
agreed to take title to the land? (circle one) ~
NAME OF PUBLIC AGENCY City of Aventura
(NO)
If NO, reason they have not agreed.
Grant Readiness
1. Master Plan
Is the proposed project consistent with the Master Plan that has received
all required approvals and authorizations? Yes
Name and Phone Number of Parks & Recreation Department personnel
providing this information Robert S. Sherman (305'~ 46fi-80q0
City of Aventura Com~lnity Services Department
2. Land Acquisition
Beginning Date Ending Date
Property Identification 10/97
Willing Seller Determination 5/98
Appraisals 7/98
Acquisition 10/98
1/98
7/98
9/98
1/99
Method of Acquisition (e.g. eminent domain, purchase, gift).
~rcMse
Development Beginning Date Ending Date
Planning 10199 1/00
Schematic Designs 2/00 6/00
Design Development 7/00 10/00
Construction Drawings 11/00 2/Ol
Construction 3/01 t0/01
Page 3 of 8
IV.
Grant Details
A. Cost Estimate and Expenditure Schedule for SNP grant funds
(round to the nearest hundred); budget on cash basis.
TOTAL
FY 98-99 FY 99-00 00-01 SNP Grant
BUDGET ITEMS EXPENSE EXPENSE EXPENSE Request
PLANNING*
DESIGN*
PROJECT ADMINISTRATION*
LAND/BLDG ACQUISITION Z.750.OOn 1,375,000
.'lemtmt with quantifies):
'
·
· construction contingency
(see B below)
Total Construction
ART ALLOWANCE
(for Miarm- Dado County only)
FIXTURES, FURNISHINGS,
OTHER COSTS 0ist below):
PROJECT CONTINGENCY**
EXPENDITURE TOTALS 2,750,0012 1,375,000
Page 4 of 8
* The combination of planning, design and project administration costs cannot exceed
17%.
** A project contingency is to compensate for actual costs being higher than budgeted.
For example, even the lowest bid on a construction contract may be higher than the
amount budgeted. The project contingency may not exceed 15% of the total grant
request. The amount of funds allocated for project contingency should reflect how
firm the budget is at this point in time. Project contingencies should be highest for
projects not yet planned, and should decrease as a project progresses through design
drawings to construction. A project contingency is over and above the amount
budgeted for a construction contingency.
A construction contingency is for unforeseen conditions encountered once a
construction has begun. The amount of funds allocated for a construction
contingency should reflect the probability of unforeseen conditions. For example,
renovation projects typically involve more unforeseen conditions than does new
construction.
If the construction contingency is less than 5% of the total construction cost
estimate, explain why you think it is sufficient.
If it turns out no~t to be sufficient, how will the shortfall be made up?
Do
Identify any potential Pre-agreement Costs (eligible costs incurred prior to
execution of grant agreement)
Describe: Property Survey S Amount: $6,000
When were these costs incurred? N/A
Describe basis or justification for cost estimate:
Survey required for purchase of property.
Are additional funds required for this project?
Ifyes, how much $
(circle one) (YES)
List the other anticipated sources for this funding and amounts anticipated.
$
$
$
$
$
Page 5 of 8
Explain now these other sources of funding will be used to either complete or
expand the SNP bond funded grant or total project:
If any of these other sources of funding don't fully materialize, how will that affect
the SNP bond funded grant or total project:
Upon completion, will the work funded by this grant result in increased or new
annual maintenance and operation costs? Yes
Upon completion, will the work funded by this ~-ant result in increased or new
annual programming costs? Yes
Who will assume the increase costs? City of Aventura
Briefly describe the applicants experience in Land acquisition~onstruction/
development.
City of Aventura has purchased two parcels of property totallin8 r8.5~ acres
for park development and for a Government Center within the past 14 months.
Currently the City has over $15 million in capital improvement projects
scheduled in the next five years. The projects range from major
beautification and streetscaDe nro~ects to multl-mil]~on dollmr road,
drainage and sidewalk improvements. Aventura Founders Park is a
$2 million development project which is now under construction and is
projected to open in November 1998. The Aventura Government Center is
a $10 million project which is in final design stage and is scheduled
for a late 1999 completion.
H. Briefly describe the applicants experience in operating and/or maintaining
programs.
Page 6 of 8
What specific geographic area do you propose to serve with this project?
(FOR YOUTH ORIE~NTED GRANTS ONLY THE AREAS MUST BE
SELECTED FROM THE ATTACHED MAP) Northeast Dade County
What specific group of citizens/residents do you expect to reach with this project?
Aventurat North lqinmf Beach, North Riami. lqiami-Dade County and
seasonal tourists and residents.
Upon completion will residents of the local area where the project is located be
employed by the agency? (circle one) (~ (NO)
If YES, how many?. 4-8
yOUTH ORIENTED APPLICANTS ONLY N/A
A. Briefly describe the applicants experience in working with youth.
B. Briefly describe the applicants history of gang prevention/intervention and/or work
with at-risk youth.
List other grants (maximum five) the applicant has received from Public Agencies
for gang prevention/intervention or work with at-risk youth.
Public Anencv Name
Amount of Grant
Year Granted
2.
3.
4.
5.
Page 7 of 8
NATURAL AREAS/OPEN SPACE LAND ACOUISITION APPLICANTS ONLY
A. Briefly describe the applicants experience in park and open space acquisition
and/or preservation. See Item "G" on Page 6.
Required attachments to be submitted with this grant application.
A. Public Agencies
1. Letter(s) committing required match.
Not-For-Profit Organizations
1. IRS Letter of Tax Exempt Status
2. Letter(s) committing required match or Letter indicating match availability
prior to December 1998 may be included.
3. Certified Audit for FY 95-96 (only one copy of Audit needs to be submitted).
4. Certification that the Agency is in good standing under Florida Law.
VI. As a condition of the grant, the applicant agrees to execute a grant agreement and
to comply with all terms and conditions of that grant agreement, the
Administrative Rules of the SNP Bond Program and the SNP Bond Ordinance.
Required attachments to be submitted prior to execution of grant agreement
include but may not be limited to:
AH Applicants
1. Project Location Map
2. Evidence of adequate land tenure (deed, lease, etc.)
3. Any existing or proposed agreement, lease, management contract, or similar
arrangement with a non-governmental entity that relates to the project or
project site.
Site Plan, if available (optional).
Documentation of all required match funds.
B. Public Agencies
1. Authorizing Resolution (sample attached)
C. Not-For-Profit Organizations
1. Proof of Board Approval - Resolution or Board Minutes
The Oversight Committee or its subcommittees may require additional information in
support of the application.
Page 8 of 8
SCALE
I"=100'
TANKS
REC 3
TRANS
MAR YACHTS
NE 188 ST
GATE
ELEVATED CONCRETE RAMP
CANAL
UTILIZED
~"tx../_- TREES
CARGO \~ j~'
CONTAINERS
FORMER CONTRETE
FORM AREA
TREES
PAVEMENT
LUBRICANTS REC 2
DIPHENEYENETHANE
DRUMS REC I
DUMBFOUNDLINO
BAY
HUBER TRACT
SITE MAP
CITY OF AVENTURA
r~Kelfh ond Schnors, P.A.
ENGINEERS - PLANNERS - SLARVEYORS
FIGURE
2
SCALE
RESIDENTIAL
VACANT
I"=200'
CANAL
FORMER
CIGARETTE
PANTERA TRANS MAR
BOATS
3099-3,3l BOATS YACHTS S I TE
3205 3333
APACHE
MARINE
NE lB8 STREET
BOBBY MOORS
CURRY IND.
3016-3020
CIGARETTE
BOATS
VACANT
FORMER CONCRETE PLANT
3200-3400
CANAL
VACANT
HUBER TRACT
SITE VICINITY MAP
CITY OF AVENTURA
~Kelfh and Schnar$, P.A. Jill ,~
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Commission~..~? ~~n
Eric M. Soroka, Cit, Y'~ r
March 31, 1998 (~
Ordinance Amending tura's
Policy
Founders Park
Non-Residency
Ist Reading April 7, 1998 City Commission Meeting Agenda Item
2nd Reading April 21, 1998 City Commission Meeting Agenda Item
A SUMMARY
In accordance with the consensus reached at the Commission Workshop Meeting,
attached is an Ordinance amending the Aventura Founders Park Non-Residency
Policy.
The amendment provides for a non-resident fee for the portion of the park north of N.E.
190th Street.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
cC0543-98
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE
98-02 WHICH ESTABLISHED A RESIDENCY POLICY FOR
UTILIZATION OF AVENTURA FOUNDERS PARK; BY
AMENDING SECTION 1 TO FURTHER DEFINE THAT
PORTION OF FOUNDERS PARK FOR WHICH A
RESIDENCY POLICY IS ESTABLISHED; PROVIDING
FOR SEVERABILITY, INCLUSION IN THE CODE AND AN
EFFECTIVE DATE.
WHEREAS, Ordinance No. 98-02 established a residency policy for use of
Aventura Founders Park; and
WHEREAS, this Commission wishes to amend the residency policy previously
established to provide a residency policy for use of the portion of the Park north of NE
190th Street.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Ordinance No. 98-02 is hereby amended as follows:
Sec. 1. The following residency policy for use of the portion of Aventura
Founders Park north of N.E. 190th Street is hereby established:
Section 2. Severabilit¥ 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
Ordinance No. 98-__
Page 2
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 3. Inclusion In the Code. It is the intention of the City Commission, and it
is hereby ordained that the provisions of this Ordinance shall become and made a part of
the City of Aventura Code; 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 4. This Ordinance shall become effective immediately after adoption
on second reading.
The foregoing Ordinance was offered by , who moved
its adoption on first reading. This motion was seconded by
, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor ,lay R. Beskin
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by
adoption on second reading. This motion was seconded by
and upon being put to a vote, the vote was as follows:
, who moved its
Commissioner Arthur Berger
Ordinance No. 98-__
Page 3
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 7th day of April, 1998.
PASSED AND ADOPTED on second reading this 21~t day of April, 1998.
ATTEST:
Arthur I. Snyder, Mayor
Teresa M. Smith, CMC, City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Commission
Eric M. Soroka, City~la~r
March 19, 1998
Aventura Founders Park Non-Residency Policy
The following outlines the ramifications from establishing various non-residency policies
at the subject park:
Exclude All Non-Residents - The City would immediately lose $160,000
in Safe Neighborhood Parks Grant Funds and would not be eligible for
any Federal, State or County Grant Funds. Over a five to ten year period,
this would result in the loss of millions of potential grant funds to the City.
In light of the fact that the City is pursuing grant funding for the purchase
of additional park sites, this would have a financial impact on the City.
Non-Residency Fee (Ordinance No. 98-02) - Based on written
confirmation from the County, and until we hear otherwise from an
authorized representative of Miami-Dade County, this policy would not
result in the loss of any grant funding at any level.
Non-Resident Fee for Northern Portion of Park Only- Same response
as number two, but would probably deter the County from reviewing the
park policy and grant funding.
In the event the City Commission wishes to implement the policy contained in
paragraph three, Ordinance No. 98-02 would be amended as follows:
Section 1: The following residency polic~ for use of the portion of
Aventura's Founders Park north of N.E. 190"' Street is hereby established.
As per the City Commission's direction, this matter has been placed on the Workshop
Agenda.
EMS/aca
Attachment
CCO535-98
ORDINANCE NO. 98-02
AN ORDINANCE OF THE CITY COUNCIL OF THE crrY
OF AVENTURA, FLORIDA, ESTABLISHING A
RESIDENCY POMCY FOR UTILIZATION OF AVENTURA
FOUNDERS PARKS TO PROVIDE PRIORITY TO CITY
RESIDENTS; ESTABLISHING A FEE SCHEDULE FOR
NON-RESIDENTS; PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
WHEREAS, it is the intent of this Council to insure that City residents are
provided priority in the use and enjoyment of Aventura Founders Park; and
WHEREAS, this Council finds it to be in the best interests of the residents of the
City of Aventura to establish a fee schedule for use of Aventura Founders Park by non-
residents.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. The following residency policy for use of Aventura Founders Park
is hereby established:
A. All guests using the park shall be required to obtain and utilize a guest
pass or be accompanied by a resident at all times.
B The City Manager shall establish administrative procedures to implement
regulations regarding the use of the various types of passes.
C. Non-residents shall be permitted to use the park, amenities and facilities
on a space-available basis.
D, The usage fees for non-residents is as follows:
Daily Pass: Adults $5.00
Ordinance No. 98-02
Page 2
Monthly Pass:
Annual Pass:
City.
Section 2.
Children (17 and under) $3.00
Adults $100.00
Children (17 and under) $ 60.00
Adults $1,000.00
Children (17 and under) $ 500.00
Non-resident fees shall not apply to all permitted activities for the purpose
of City-sponsored and approved special events, leagues and activities.
Non-resident fees shall be in addition to any user fees established by the
Usage fees for non-residents may be amended from time to time by
the City Council after public hearing.
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Inclusion In the Code. It is the intention of the City Council, and it is
hereby ordained that the provisions of this Ordinance shall become and made a part of the
City of Aventura Code; that the sections of this Ordinance may be renumbered or relettered
Ordinance No. 98-02
Page 3
to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section"
or other appropriate word.
Section 5. This Ordinance shall become effective immediately after adoption
on second reading.
The foregoing Ordinance was offered by Vice Mayor Beskin, who moved its
adoption on first reading. This motion was seconded by Councilmember Holzberg, and
upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councitmember Jeffrey M. Perlow yes
Councilmember Patricia Rogers-Libert yes
Vice Mayor Jay R. Beskin yes
Mayor Arthur I. Snyder yes
The foregoing Ordinance was offered by Councilmember Cohen, who moved its
adoption on second reading. This motion was seconded by Councilmember Holzberg,
and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey M. Perlow yes
Councilmember Patricia Rogers-Libert no
Vice Mayor Jay R. Beskin absent
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED on first reading this 20th day of January, 1998.
Ordinance No. 98-02
Page 4
PASSED AND ADOPTED on second reading this 3'd day of February, 1998.
/ , , :q__: __ 'i
Arthur I~ Snyder[, Ma~/or
ATTEST:
Teresa M. Smith, CMC, City Clerk
.~.~ ~-
City Attorne~
APPROVED AS TO LEGAL SUFFICIENCY:
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Commission _~"~I
Eric M. Soroka, Cit~J~nag~
~12a3/~ ~abl~shin~oint ment Time Period for Vice-Mayor
Reading April 7, 1998 City Commission Meeting Agenda Item ~ '~'
Reading April 17, 1998 City Commission Meeting Agenda Item ~
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance, which
establishes the appointment time period for Vice-Mayor as required by the recent
Charter Amendment.
BACKGROUND
Pursuant to the Special Municipal Election held on March 10, 1998, the City Charter
was amended to provide that semi-annually, at such times established by Ordinance,
the City Commissioners shall elect a Vice-Mayor. The attached Ordinance was
prepared to implement the Charter Amendment.
The attached Ordinance establishes the selection of the Vice-Mayor at the first
Commission Meeting in April and October. The April time period was selected based
on the elections taking place in March and this would allow the newly (or re-elected)
constituted Commission to select the Vice-Mayor.
If you have any questions, please feel free to contact me.
EMS~ca
Attachment
CC0544-98
ORDINANCE NO. 98 -
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
PROVIDING FOR THE SEMI-ANNUAL APPOINTMENT OF
VICE-MAYOR; PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
WHEREAS, pursuant to the Special Municipal Election held on March 10, 1998, the
City Charter of the City of Aventura was amended to provide that semi-annually at such
times as established by ordinance, the Commission shall elect one of its members as Vice
Mayor; and
WHEREAS, the City Commission wishes to establish such time periods for
appointment of the Vice Mayor.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission shall elect a Vice Mayor semi-annually, at
the first Commission meeting in April and the first Commission meeting in October of each
year, by a majority vote of the City Commission.
Section 2. Severability. 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.
Ordinance No. 98-
Page 2
Section 3. Inclusion In the Code. It is the intention of the City Council, and it is
hereby ordained that the provisions of this Ordinance shall become and made a part of the
City of Aventura Code; 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 4. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by , who
moved its adoption on first reading. The motion was seconded by
, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Commissioner Jeffrey M. Perlow
Vice-Mayor Jay R. Beskin
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by , who
moved its adoption on second reading. The motion was seconded by
, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
2
Ordinance No. 98-
Page 3
Commissioner Patricia Rogers-Libert
Commissioner Jeffrey M, Perlow
Vice-Mayor Jay R. Beskin
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 7th day of April, 1998.
PASSED AND ADOPTED on second reading this 21 st day of April, 1998.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
3
CITY OF AVENTURA
Ordinance 96-09
Disclosure of Site Visit, Investigation, Expert Opinion
Agenda Item: Item No. ,5 ~¢ of ~//~- I
the Aventura City Commission.
Date of Visit, Investigation or Receipt of Expert Opinion:
Nature of Contact: (check as applicable)
(y) Site Visit
Investigation
Expert Opinion
Substance of Contact. ,/)
, 199':)~ agenda of
Identity of Any Person Partici ating Contact:
.~ in
Filed this ~,~[ day of
Respectfully,
Commission or Board Member
Con~'~ unicati~?,'~
Nam
~/~, ,Sfg n at u re ~,]
Clerk / Secretary
Receiving
CITY OF AVENTURA
Ordinance 96-09
Disclosure of Site Visit, Investigation, Expert Opinion
Agenda Item: Item No. ,,,~ of "//~l , 199 ~"
the Aventura City Commission.
Date of ~isit, Investigation or Receipt of Expert Opinion:
Nature of Contact: (check as applicable)
(~// Site Visit
( ) Investigation
( ) Expert Opinion
Substance of Contact:
Identity of Any Person Participatin~ i~lContact:
. agenda of
Filed this 9~[ day of
Respectfully,
Commission or Board Member
Communication:
, 19~.
Clerk /
Receiving
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Teresa M. Smith, CMC, City Clerk
Brenda Kelley, Planne~v]
Amy Skiles, Assistant I~lanher
Newspaper Advertising
Project: /~q,'LC- ~"F ~
Please publish the attached newspaper advertisement on or before
(date)
in order for the item to be heard at the City Council meeting of
(date)
Please feel free to contact the above with any questions you may have.
/meme/adv~tising no(ice
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Teresa M. Smith, CMC, City Clerk
Brenda Kelley, Planner'S/
Amy Skiles, Assistant Planher
Newspaper Advertising
Project: N IDT~--[ ~k~
Please publish the attached newspaper advertisement on or before
(date)
in order for the item to be heard at the City Council meeting of
(date)
Please feel free to contact the above with any questions you may have.
/memc/advertising no~ice
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Teresa M. Smith, CMC, City Clerk
Brenda Kelley, Plann~
Amy Skiles, Assistant Planner
Newspaper Advertising
Project:
Please publish the attached newspaper advertisement on or before
(date)
in order for the item to be heard at the City Council meeting of
(date)
Please feel free to contact the above with any questions you may have.
/memo/advertising notice
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
Sookle Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Dally Business
Review f/Ida Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami In Dada
County, Flodda; that the attached copy of advertisement,
being a Legal Advertisement of Notice In the matter of
CITY OF AVENTURA
PUBLIC NOTICE OF PROPOSED ORDINANCES
MEETING - APRIL 21, 1998
ORDINANCE AMENDING ORDINANCE
98-02, ETC.
,n ,be ........... ~:~X.X~ ..................... Cou.,
was pub~lshe In sd. paper in the issues of
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Dada
County, Flogda, and that the said newspaper has heretofore
been continuously published in said Dada County, Flodda,
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 Dada County, Florida, for a period of
one year next receding the first publication of the attached
copy of a ment; and affiant further says that she baa
neither promised any person, firm or corporation
any dis bate, commission or refund for the purpose
of sec s advertisement for publication in the said
(s~u I .~ ,~6o~ ~?CIAt.OTA"YSE*L
I ~ ~' ~'e/ JANETT LLERENA
Sookle ~dlllam, p.9~ ~'~ me~0M~SS.~ON
/ ~ ~.,~*~.o M*
/ ~ '~:["'O~ JUNE 23,2000
CITY OF AVENTURA
PUBLIC NOTICE OF PROPOSED ORDINANCES
NOTICE IS HEREBY GIVEN that on Tuesday, the 21st day of Apdl,
1998. at a meenng of the City Commission of the City of Aventura. to
be held at 6:00 p.m. in the Commission Meeting Room at the Aventura
Hosoital and Medical Center, 21110 Biscayne Boulevard. Suite 101.
Aventura. Florida, the City Commission will consider the adootion of
the fo,owing Ordinances on second reading, entitled:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE 98-02 WHICH
ESTABLISHED A RESIDENCY POLICY FOR UTILIZATION OF
AVENTURA FOUNDERS PARK; BY AMENDING SECTION I TO
FURTHER DEFINE THAT PORTION OF FOUNDERS PARK FOR
WHICH A RESIDENCY POLICY IS ESTABLISHED: PROVIDING
FOR SEVERABILITY, INCLUSION IN THE CODE AND AN
EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA. FLORIDA:
PROVIDING FOR THE SEMI-ANNUAL APPOINTMENT OF VICE-
MAYOR: PROVIDING FOR SEVERABILITY INCLUSION INTHE
CODE AND AN EFFECTIVE DATE.
The proposed Ord!nances may be inspected by t~e public at the Of-
rice of the CRy Clerk, 2999 N.E. 191st Street. Suite 500. Aventura.
Florida. Interested parties may appaar at the Public Hearing and be
heard with respect to~the proposed Ordinances. Any parson wishing [o
address the City Commission on any item al 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 1993.
persons who are disabled and who need special accommodations to
participate in this proceeding because of that disabi;ity should contact
the Office of the City Clerk. 466-8901, not later than two business days
prior to SUCh proceedings.
If a parson decides to ~ppaal any decision made by the City
Commission with respect toany matter considered at a meeting or
hearing, that person will need a record of the proceedings and. for
such 3uroose. may neee to ensure that a verbatim recore of the
proceedings s made, which reco~d includes me testimony anc
evidence upon which the appear is to be based.
Dated Aori110, 1998.
Teresa M. Smith. CMC. City Clerk
4/10 98-4-041059M
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
$ookts Williams, who on oath says that she is the Vice
President of Legal Adverttslng of the Miami Daily Business
Review t/tua Miami Review, a dally (except Saturday, Sunday
and Legal Holidays) newspaper, published at Mtsml In Dada
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice In the matter of
CITY OF AVENTURA
PUBLIC HEARING - 4/21/98
APPLICATION NO. 06-SV-98
XXXXX
in the ......................................... Court,
Affiant further says that the said Miami Daily Business
Review Is a newspaper published at Miami in said Dada
County, Florida, and that the said newspaper has heretofore
been continuously published In said Dada 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 Dada County, Florida, for a period of
one year next preceding the first publication of the attached
copy of a rtlsement; and affiant further says that she has
neither or promised any person, firm or corporation
any d rebate, commission or refund for the purpose
~~~~of s this advertisement for publication In the said
(SEAL) ! ~.~p(/ ~ OFFICIAL NOTARYSF. M.
Sookle 'willts m a parsc[n~ll~ltnow~, me.J A N E TT LLERENA
· OF F~- JUNE 2312000
CITY OF AVENTURA
NOTICE OIF PUBLIC HEARING
DATE AND TIME
OF PUBLIC HEARING:
APPLICANT NAME:
APPLICANT REQUEST:
APPUCATION NUMBER:
LOCATION OF SUBJECT
PROPERTY:
Tuesday, Apd121, 1:998
6:00 p.m. * ~ '
Aventura Mall Venture
The applicant is requesting a ~gn
variance to permit the erection of
one (1) wall sign (for AMC
Theaters) which is larger than what
is allowed under Regional Mall sign
regulations.
06-8V-98
19501 Bisc~ayns Boulevard [a.k.a
Aventura Mall)
LEGAL DESCRIPTION: Tract Q. A~ntura 6th Addition. Plat
Book 120 at Page 20 of the Public
Records of Dada County, Florida.
SIZE OF SUBJECT PROPERTY: Approximately 97.962 a~res
Plans are on file and may ~e examined dudng regular bus~ness
hours in the City of Aventura, Commu~ Development Department,
2999 NE 191 Street, Suite 500, Aventura, Florida. 33180. Plans may
be modified at or before the Public Hearing. The application may
chanpe during the heating process.
The Public Hearing will be held at Aventura Medical Arts Building,
21f 10 Biscayne Boulevard, Suite 101, Aventura, Florida133180. YOur
comments may be made in ~ersofl at the hearing or fil~l in writing
prior to the hearing date. Refer to applicent~reperiy o~
corn~ence and mail same to City of Aventura, Commur~ity
Develapment Department, 2999 NE 191 Street, Suite 500, Aventura,
Rofide, 33180. For further information, please call (305) 466-8940.
In accordance with the Americans with Disabilities Act of 1990, all
persons who ara disabled and who need special accommodations to
pedicipate in this proceeding~beceuea of that disability chouM contact
the Office of the City Clerk, 466-8901, not later than two busineaa days
~ to such pro(~ngs.
If a person decides to appeal ~ny decision made by the City Council
with respect to any matter ceeaidered at a meeting or hearing, that
Teresa M. Smith, CMC, City Cl&rk
4/10 98-3,041063M
MIAMI DALLY 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
Sookle Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Daily Business
Review f/lEa Miami Review, a dally (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami In Dada
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice In the matter of
CITY OF AVENTURA
PUBLIC HEARING - 4/21/98
APPLICATION NO. 04-SV-98
in the . XXXXX ... Court,
lO, .
Affiant further says that the said Miami Dally Business
Review Is a newspaper published at Miami In said Dada
County, Florida, and that the said newspaper has heretofore
been continuously published In said Dada 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 Dada County, Florida, for a period of
one year next preceding the first publication of the attached
copy of sdvertlsement; and affiant further says that she has
nelth id nor promised any person, firm or corporation
any unt, rebate, commission or refund for the purpose
of s lng this advertisement for publication In the said
flew per.
(SEAL) 0
soo,,. Wi,,,.ms., m.?
~ '~ ~ C. C56G004
o~
CITY OF AVENTURA
NOTICE OF PUBLIC HEARING
gATE AND TIME
OF PUBLIC HEARING: Tuesday, April 21, 1998
6:00 p.m.
APPLICANT NAME: · Hidden Bay Associates
APPLICANT REQUEST: The applicant is requesting a sign
variance to ~ermit the erection of
the following:
1) Fifty~three (53} tiags/bannem;
2) One (1) developer identification
s~gn which exceeds the max-
imum allowed height;
3) Eight (8) temporary developmenl
identification and/or directional
s~gns
APPLICATION NUMBER: 04-SV-98
LOCATION OF SUBJECT
PROPERTY: NE 190 Street and D~mfeencl~g
Bay
LEGAL DESCRIPTION: Tracts L, M, Q, and R of Matirm Del
Ray Reviesd, according to the~plat
thereof, as recorded in Plat Book
144 at* Page 89 of the P~blic
Records of Dadd County, Florida.
SIZE OF SUBJECT PROPERTY: Appro3dmately 24 acres
Plans are on file and may be examined during regular business
hours in the City of Aventura, Community Development Department.
2999 NE 191 Street. Suite 500. Aventura, Florida, 33180. Plans may
(~Ue modified at or before the Public Hearing. The application may
~ange during the hearing process. ~
The Public Hearing will be hold at Aventura Medical Arts Building,
21110 Biscayne Boulevard, Suite 101, Aventura, Florida 33180. Your
comments may be made in parson at the hearing or filed in writing
prior to the hearing date. Refer to applicant/proparty on
correspondence and mail same to City of Aventura, Community
Development Department, 2999 NE 191 Street, Suite .500, Aventura,
Florida, 33180. For further information, please call (305) 466-8940.
In accordance with the Americans with Disabilities Act of 1990, al~
parsons who are disabled and who need special accommodations to
participate in this proceeding because of that disability should contact
the Office of the City Clerk, 466-8901, not later than two business days
prior to such proceedings.
It a person decides to appeal any decision made by tho City Counc*l
with respect to any matter considered at a meeting or heating, that
parson will ne~l a record of the prccaedings 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 b~sed.
Teresa M. Smith, CMC, City Clerk
4/10 g8-3-041064M
MIAMI DALLY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
La§al Holidays
Miami, Dads County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookle Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Daily Business
Review filda Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, publlsheti at Miami In Dads
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Nofice in the matter of
CITY OF AVENTURA
PUBLIC HEARING - 4/21/98
APPLICATION NO. 01-UU-98
........................................ Court,
t? s? paper I. tho ,--.s o,
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Dads
County, Florida, and that the said newspaper has heretofore
been continuously published in said Dads County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
office in Miami in said Dads County, Florida, tar a pedod of
one year next precedleg the first publication of the attached
copy ot advertisement; and affiant further says that she has
netther id nor promised any person, firm or corporafion
any d nt, rebate, commission or refund for the purpose
of s this advertisement for publlcafion in the said
CITY OF AVENTURA
NOTICE OF PUBLIC HEARINC
DATE AND TIME
OF PUBLIC HEARING: Tuesday, April 21, 19g
' 6:00 p.m.
APPLICANT NAME: Nextel
APPLICANT REQUEST: The applicant is requ;
use variance to inst;
ment shelter which
allowed height for
communication equlpr
NE 191 Street.
This item was deferl
previou~ public heari~
April 7, :1998.
APPLICATION NUMBER: 01-UU-98
LOCATION OF SUBJECT
PROPERTY: 2875 NE 191 Street
LEGAL DESCRIPTION: Lengthy legal descf
may contact the
Development Depedr
complete legal desctip
Plans are on file and may be examined during re~
hours in the City of Aventura, Community Devaioprsenl
2999 NE 191 Street, Suite ,500, Aventura, Florida, 331S
be modified at or before the Public Hearing. The apl
change during the hearing process.
The Public Heating will be held et Aventura Medical,
21110 Biscayne Boulevard, Suite 101, Aventura, Florida
comments may be made in perscn at the heating or fl
pdor to the hearing "date. Refer to applisenl~
correspondence and mail same to City of Aventura
Development Department, 2999 NE 191 Street, Suite 5~
Florida, 33180. For further information, please call (305) 4
~ In accordance with the Americans with Disabilities Ac
persons who are disabled and who need special accom
participate in this proceeding because of that disability si
the Office of the City Clerk, 466-8901, net later than two ~
prior to such proceedings.
If a gerson decides to appeal any decision made by th(
: with respect to any matter considered at a meeting or
person will need a record of the proceedings and~ for s
may need to ensure that a verbatim record of the p~
made, which record includes fire testimony and evidenc~
the appeal isto be based.
Teresa M. Smith, CMc
4/10
:lng a non-
i an squip-
xceeds the
~oitop tale-
tent at 2875
~1 from the i
meeting of ;
ion - You
Community
lent for the
let business
Department,
i~ Plans may
lication may
Lrte Building,
33180, Your
ed in writing
Community
~6-8940.
of 1990, all
nodafions to
~ould contact
~ainese days
City G°uncil
~ch purpoes,
xa~:linge is
ulx~n which
, city Clerk