10-06-1998 CC Meeting AgendaCity of Aventura
Citv Commission
Arthur L Snyder, Mayor
Ken Cohen, Vice Mayor
Arthur Berger
Jay R. Beskin
Harry Holzberg
Jeffrey M. Perlow
Patricia Rogers-Libert
Cit~ Manager
Eric M. Soroka
~ Clerk
Teresa M. Smith, CMC
Cit~ Attorney
Weiss Serota Helfman
Pastoriza & Guedes
AGENDA
Commission Meeting
October 6, 1998 - 6:00 P.M.
Aventura Medical Arts Building
21110 Biscayne Boulevard Suite 101
Aventura, Florida 33180
1. CALL TO ORDER'~ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ZONING HEARINGS - SPECIALLY SET BY 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 sworn before addressing the Commission, and if you
wish to address the ComWassion, 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; GRANTING A NON-USE VARIANCE TO
PERMIT THE ERECTION OF A PRIVACY WALL AND GATE AT A
SINGLE-FAMH~Y HOME LOCATED AT 19951 NE 39 PLACE WHICH
HEIGHT EXCEEDS THAT ALLOWED BY CODE; PROVIDING FOR AN
EFFECTIVE DATE.
APPOINTMENT OF VICE MAYOR EFFECTIVE OCTOBER 1, 1998
October 6, 1998 Commission Meeting
$. APPROVAL OF MINUTES:
Commission Meeting
Commission Workshop
Commission Meeting
Commission Workshop
September 1, 1998
September 8, 1998
September 10, 1998
September 28, 1998
AGENDA: Request for Deletions/Emergency Additions
7. SPECIAL PRESENTATIONS: None
8. CONSENT AGENDA:
Ao
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $20,000
FROM THE POLICE FORFEITURE FUND FOR TRAFFIC FLOW
ENHANCEMENT PROGRAM AT THE IVES DAIRY ROAD
INTERSECTION IN ACCORDANCE WITH THE CITY MANAGER'S
MEMORANDUM DATED SEPTEMBER 23, 1998
(Authorizes appropriation of monies from the Police Forfeiture Fund to hire
additional part-time Police Service Aides to implement traffic flow enhancements
at the Ives Dairy Road intersection during season)
MOTION TO ADOPT 1999 LEGISLATIVE PROGRAMS AND
PRIORITIES IN ACCORDANCE WITH CITY MANAGER'S
MEMORANDUM DATED SEPTEMBER 29, 1999
(Approves and adopts legislative priorities for 1999 as established by the
Commission)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AMENDING RESOLUTION NO. 97-61, WHICH
ESTABLISHED THE RATE OF STORMV~ATER UTILITY FEE, BY
AMENDING THE RATE OF THE STORMWATER UTILITY FEE FOR
THE CITY OF AVENTURA STORMV~ATER MANAGEMENT SYSTEM;
PROVIDING FOR AN EFFECTIVE DATE.
(Provides for increase in stormwater utility fee from $2.00 to $2.50 effective
October 1, 1998 to fund necessary drainage improvements)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 98-8-17-2-2, PARKSfMEDIANS/RIGHT-OF-WAY
MAINTENANCE, TO LUKES' LANDSCAPING, INC., AT THE BID
PRICE OF $$77,000; AUTHORIZING THE CITY MANAGER TO
EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY
MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO
CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR
2
October 6, 1998 Commission Meeting
THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID
AWARD; AND PROVIDING FOR AN EFFECTIVE DATE.
(Awards bid for the privatization of parks, medians and rights of way maintenance
functions to Luke's Landscaping, Inc.)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE. CITY MANAGER ON
BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO
THE. ATl'ACHED REAL ESTATE PURCHASE AND SALE CONTRACT BY
AND BETWEEN THE CITY OF AVENTURA AND AL SCHNEIDER,
TRUSTEE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
(Authorizes execution by City Manager of Purchase/Sale Agreement for property
referred to as the Huber Tract)
A RESOLUTION OF ~ CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA URGING THE FEDERAL GOVERNMENT TO
DEVELOP AN AFFORDABLE, EFFICIENT AND STANDARDIZED
SYSTEM FOR TRACKING AND REPORTING OF FEDERAL GRANTS;
PROVIDING FOR AN EFFECTIVE DATE.
(Urges federal govemment to implement procedures for tracking federal grants)
9. PUBLIC HEARING: ORDINANCES - FIRST READING:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; EXTENDING
THE DURATION OF THE EXISTING BUILDING MORATORIUM ON
ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT
PERMITS WITHIN THE MARINA AREA AND THE HOSPITAL AREA, AS
PREVIOUSLY 1MPOSED PURSUANT TO ORDINANCE NO. 97-22, AND AS
AMENDED PURSUANT TO ORDINANCE NO. 98-08, OF THE CITY OF
AVENTURA; BY AMENDING SECTION 8 "TERM" OF ORDINANCE NO.
97-22, AS AMENDED, TO PROVIDE FOR A FURTHER EXTENSION OF
THE TERM OF SUCH MORATORIUM, SO AS TO ENABLE CITY'S
COMPREHENSIVE PLAN TO BE COMPLETED AND IMPLEMENTED;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
10. PUBLIC HEARINGS: ORDINANCES - SECOND READING:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA (THE
"CITY"), AMENDING THE CITY CODE BY AMENDING CHAPTER 34
"PLANNING AND ZONING", BY AMENDING ARTICLE II "QUASI
JUDICIAL MATTERS", BY CREATING SECTION 34-:}3 "PUBLIC
October 6, 1998 Commission Meeting
STATEMENTS BY COMMISSIONERS" TO REQUIRE THE MAYOR
AND COMMISSIONERS TO AVOID PUBLICLY EXPRESSING THEIR
INTENTION TO VOTE FOR OR AGAINST A QUASI JUDICIAL
MATTER PRIOR TO HEARING; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR
EFFECTIVE DATE.
11. RESOLUTIONS: None
12. OTHER BUSINESS:
Ao
DISCUSSION AND POSSIBLE ACTION:
AVENTURA CHAMBER OF COMMERCE PRIDE PROGRAM
B. FUTURE MEETING DATES
13. REPORTS
14. PUBLIC COMMENTS
15. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS:
COMMISSION WORKSHOP
COMMISSION WORKSHOP
OCTOBER 19, 1998
OCTOBER 29, 1998
*Government Center 2999 NE 191~t Street Suite 500
9 A.M.*
9 A.M.*
TO:
FROM:
BY:
DATE:
SUBJECT:
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
City Commission
Eric M. Soroka,~i~y~g~
Brenda Kelley, Com~velopment Direct(~
October 1, 1998
Request of Mark Gordon to permit the erection of a privacy wall and gate
at a single-family home located at 19951 NE 39 Place, which height
exceeds that allowed by Code. (06-VAR-98)
October 6, 1998 City Commission Meeting Agenda Item ~
This item was deferred from the August 4, 1998 Commission meeting.
RECOMMENDATION
It is recommended that the City Commission approve the request with conditions as
outlined herein.
THE REQUEST
The applicant, Mark Gordon, is requesting a Non-Use Variance to erect a privacy gate
and wall, which will exceed the height limitation for a single family residence. (See
Exhibit #1 for Letter of Intent)
BACKGROUND
OWNER OF PROPERTY
ADDRESS OF PROPERTY
SIZE OF PROPERTY
Gall Gordon
19951 N.E. 39 Place
Approximately .38 acres
LEGAL DESCRIPTION
Lot 1, Block 1 of the plat "Aventura Thirteenth
Addition" according to the plat thereof as
recorded in Plat Book 146 at Page 53 of the
Public Records of Dade County, Florida.
FUTURE LAND USE DESIGNATION
Zoning -
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
RU-4A, High Density Apartment House District
RU-4A, High Density Apartment House District
RU-4A, High Density Apartment House District
BU-2, Special Business District
Intracoastal Waterway
GU, Interim District
RU-4A, High Density Apartment House District
Existing Land Use -
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Porto Vita
Multi-family Residential
Multi-family Residential
Intracoastal Waterway
Turnberry Golf Course and Multi-family Residential
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:
High Density Residential
High Density Residential
High Density Residential and Business and Office
Intracoastal Waterway
Turnberry Golf Course and High Density Residential
The Site - The subject site is a single family lot within the development known as
"Porto Vita". It is located between the Intracoastal Waterway and East Country Club
Drive. (See Exhibit #2 for Location Map).
The Project- "Porto Vita" is a development composed of high-rises, mid-rises,
townhouses and a single family home. The applicant wishes to install a privacy gate
and wall at the single family residence, which will exceed the height limitation allowed.
Consistency with Comprehensive Master Plan - The request is not inconsistent with
the Dade County Comprehensive Master Plan.
2
Community Development Department Analysis - A single family residence is being
constructed at the southeast corner of the development "Porto Vita". In connection with
the construction of the residence, the owner wishes to erect a privacy gate and wall on
the west end of the project adjacent to the street, which will exceed the six-foot height
limitation.
The owner has previously agreed to work with and grant neighboring property owners
easements to facilitate access and drainage for their property to the west of the subject
property.
According to Section 33-11(h) of Miami-Dade County Code, the maximum height of
fences and walls permitted in a residential district is six (6) feet. The proposed gate will
be approximately 10 feet wide and 12 feet high. It will be composed of metal rods
providing open visibility for the transmission of light and air. The wall will vary in height
to a maximum height of 8 feet 2 inches. The proposed gate will be architecturally
consistent with the main entranceway to Porto Vita.
The property is bound on two sides by Biscayne Bay. The applicant believes this
increases the risk of danger to children and others who may enter the property by an
unauthorized manner. The additional height will provide additional safety protection for
children and others who may breach a lower wall and be exposed to the risk of falling
into Biscayne Bay.
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.
Since the property is bordered on two sides by Biscayne Bay, the erection of a
privacy wall at a maximum height of 8 feet 2 inches would protect the general
welfare of the public by providing additional security against unauthorized
entrance to the property. The additional height will also provide protection for
children and others who may breach a lower wall and be exposed to the risk of
failing into Biscayne Bay. The variance requested is compatible with the
surrounding land uses and would not be detrimental to the community.
2. No showing of unnecessary hardship to the land is required.
3
Citizen Comments - See Exhibit #3 for written citizen comments.
CONDITIONS
It is recommended that the City Commission approve the request for a Non-Use
Variance subject to the following conditions:
STANDARD CONDITIONS
Plans shall substantially comply with those submitted as follows.
· Site Plan, prepared by Miros W. Scheib, Sheet A-l, revised dated 09-10-98; and
· Site Plan, prepared by Miros W. Scheib, Sheet A-3, revised dated 09-10-98; and
· Site Plan, prepared by Miros W. Scheib, Sheet A-6, revised dated 09-10-98; and
· Site Plan, prepared by Miros W. Scheib, Sheet A-9, revised dated 07-28-98.
PROJECT SPECIFIC CONDITIONS
1. Applicant shall obtain building permits for the wall within 12 months of the date of
this Resolution or the variance granted shall be deemed null and void unless
extended by a motion of the City Commission.
4
BiLZIN S. ,4BERG DUNN PRICE & AXEL .OD LLP
City of Aventura
Community Development Department
2999 N.E. 191 St., Suite 500
Aventura, FL 33180
July 8, 1998
Re:
Folio No. 28-1235-068-0010
Lot 1, Block 1, Aventura Thirteenth Addition according to
the Plat recorded in Plat Book 146, Page 53
a/k/a 19951 N.E. 39th Place ("Property")
Dear Ladies and Gentlemen:
This letter of intent is being submitted in connection with an application for a non-use
variance to permit the erection of a privacy wall and gate in excess of six feet in height. The
Property is owned by Gail Gordon ("Owner") and the application for a variance will be processed
by her husband, Mark Gordon.
Owner is erecting a one-family residence on the Property which will contain approximately
10,000 square feet pursuant to plans which have been approved by the City of Aventura. In
connection with the construction of the residence, Owner wishes to erect a privacy gate and wall on
the west end of the Project adjacent to the street which will exceed the six-foot height limitation.
A rendering of the proposed gate and wall is attached to this letter. The Owner has previously agreed
to work with and grant neighboring property owners easements to facilitate access and drainage for
their property.
The gate will be approximately 10 feet wide and 12 feet high. It will be composed of metal
rods providing open visibility for the transmission of light and air. The wall will vary in height to
a maximum height of 8 feet 2 inches but will have cutouts for the transmission of light and air. The
proposed gate will be architecturally consistent with the main entrance way to Porto Vita.
The Property is bounded on two sides by Biscayne Bay. This raises the risk of danger to
children and others who may enter the Property by an unauthorized manner. The additional height
will provide additional security against unauthorized entrance to the Property and thereby provide
G:\DMS\72025\09192\0197536.01
7/8/98
EXHIBIT
I~ILZIN SUMBIrRO DUNN PRIC '~ AXELROD LLP
City of Aventura
July 8, 1998
Page 2
additional safety protection for children and others who may breach a lower wall and be exposed to
the risk of falling into Biscayne Bay.
The proposed variance will not impact any property along a public drive.
SBP:cm
G:\DMS\72025\09192\0197536,0 I
7/8/98
Mark J. Gordon
1505 N.W. 167th Street
Miami, Flodda 33180
July 24; 1998
Brenda Kelly
City of Aventura Community
Development Department
2999 N.E. 191st Street
Suite 500
Aventura, Florida 33180
Dear Ms. Kelly:
Per the request of Stan Price, I am sending a copy of a letter from Mr. David Budin,
President of the Bella Vista South Condominiums Homeowners Association. This letter
memorializes a conversation that I had w'rth Mr. Budin about my entry wall and gate as he
was concerned of the impact of this construction. After our meeting, as you can see, Mr.
Budin and I reached an agreement to the benefit of both parties.
Thank you for your assistance with this matter.
Mark J. Gordon,~,~
Mark Gordon
1505 N.W. 167th Street
Miami, Florida 33169
Apd123, 1998
Mr. David Budin
Bella Vista South Condominiums
20009 E. Country Club Drive
Aventura, Florida 33180
Dear Dave:
I'm glad that we had the opportunity to meet last week to review pllans and
discuss the issue regarding placement of my wall. To reiterate our discussion, we
have modified the wall and made minor landscaping changes in order to
accommodate your objective to provide a walkway which provides access behind the
mid-dse building.
As President of the Bella Vista South Condominium Homeowners Association,
if you are in agreement with this, I respectfully ask that you sign below confirming
your understanding of the above. I look forward to working together to achieve our
objectives and as always, if you have any questions, please feel free to call me.
Accepted by:
David Budin, President
Bella Vista South Condomi~niums
Homeowners Association
~aUlfstream CLUB t.,R.
rk :
;E
~AY
201 TER. ~
192 ST.
City of Aventura
190 c~
188 ST.
LEGEND 0
Roadways
..... · City Boui3dary
..... ZIP Code
Leon Rubach
19971 NE 39~a Place
Aventura, Florida $3180
305-937-0408
Teresa M. Smith
City Clerk
City of Aventura
Community Development Department
2999 NE 191~t Street
Suite 500
Aventura, FL 33180
RE: Mark Gordon 19951 NE 39t~ Place
Dear Members of the Board:
I am in receipt of your letter notifying Aventura residents of the variance
being requested by Mr. Mark Gordon. Although j-ust notice of this mceting
lhas been g/yen I respectfully request that the public hearing on this matter be
postponed to a later date. Over 80% of the residents of Porto Vita are away
during the summer months. Any meeting held while most offs are away
would not be an adequate representation of the surrom~dlng community. In
fa/mess to the applicant and members of the community we should all be
able to view the site and then evaluate the effects of a privacy wall and gate.
I would/mplore the Community Development Department to schedule a
meeting for some time in October or November when most of Porto Vita
residents will return.
EXHIBIT #3
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA; GRANTING A NON-USE VARIANCE TO
PERMIT THE ERECTION OF A PRIVACY WALL AND GATE AT
A SINGLE-FAMILY HOME LOCATED AT 19951 NE 39 PLACE
WHICH HEIGHT EXCEEDS THAT ALLOWED BY CODE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned RU-4A, High Density
Apartment House District, a residential district; and
WHEREAS, the Applicant, Mark Gordon, through Application No. 06-VAR-98,
has requested a Non-Use Variance to permit the erection of a privacy wall and gate at a
single-family home located at 19951 NE 39 Place, which height exceeds that allowed by
Code; and
WHEREAS, the Community Development Department recommends approval of
the request subject to conditions; and
WHEREAS, following proper notice, the City Commission has held a public
hearing, as provided by law; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein;
and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Resolution No.
Page 2
Section 1. Application No. 06-VAR-98 for a Non-Use Variance on property
legally described as:
Lot 1, Block 1 of the plat "Aventura Thirteenth Addition" according to the
Plat thereof as recorded in Plat Book 149, Page 53 of the Public Records
of Dade County, Florida.
aka
19951 NE 39 Place
is hereby granted subject to each of the following conditions:
STANDARD CONDITIONS
1. Plans shall substantially comply with those submitted as follows.
· Site Plan, prepared by Miros W. Scheib, Sheet A-l, revised dated 9-10-98; and
· Site Plan, prepared by Miros W. Scheib, Sheet A-3, revised dated 9-10-98; and
· Site Plan, prepared by Miros W. Scheib, Sheet A-6, revised dated 9-10-98; and
· Site Plan, prepared by Miros W. Scheib, Sheet A-9, revised dated 7-28-97.
PROJECT SPECIFIC CONDITIONS
1. Applicant shall obtain building permits for the wall within 12 months of the date of
this Resolution or the variance granted shall be deemed null and void unless
extended by a motion of the City Commission.
Section 2. The City Manager is authorized to cause the issuance of permits in
accordance with the approvals and conditions herein provided and to indicate such
approvals and conditions upon the records of the City.
Section 3. This Resolution shall become effective immediately upon its
adoption.
2
Resolution No.
Page 3
The foregoing Resolution was offered by Commissioner
moved its adoption. The motion was seconded by Commissioner
upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Ken Cohen
Mayor Arthur I. Snyder
, who
, and
PASSED AND ADOPTED this 6th day of October, 1998.
A'CrEST:
ARTHURI. 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
3
MINUTES
CITY COMMISSION MEETING
TUESDAY, SEPTEMBER 1, 1998 6:00 P.M.
Aventura Medical Arts Building
21110 Biscayne Boulevard Suite 101
Aventura, Florida
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Jay R. Beskin,
Harry Holzberg, Patricia Rogers-Libert, Jeffrey M. Perlow, Vice Mayor Ken Cohen,
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: Ron Book led the pledge of allegiance.
3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M.
A motion to address item 3B at the beginning of the zoning agenda wes offered by
Commissioner Rogers-Libert, seconded by Commissioner Holzberg and
unanimously passed.
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
these hearings were sworn in by the City Clerk.
B. (Taken out of order) Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING A SIGN VARIANCE FOR
ALLEN'S 2 GO GOURMET MARKET, LOCATED AT 19018 NE 29
AVENUE, TO PERMIT ONE ADDITIONAL WALL SIGN WHERE ONLY
ONE WALL SIGN IS ALLOWED BY CODE; PROVIDING AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg and seconded by
Commissioner Berger. Community Development Director Brenda Kelley explained
the request of the applicant and entered the staff report into the record. Mayor
Snyder opened the public hearing. The following individual addressed the
Commission: Ronald L. Book, Esq., representing the applicant, 2999 NE 191st
Street, PH6. There being no further speakers, the public hearing was closed. The
motion for approval of the resolution passed, 6-1, with Commissioner Beskin voting
no, and Resolution No. 98-75 was adopted.
A. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING A SIGN VARIANCE TO PERMIT A
SECONDARY WALL SIGN WHICH SIZE EXCEEDS THAT ALLOWED
BY CODE; APPROVING A SIGN VARIANCE TO PERMIT A THIRD
WALL SIGN WHERE ONLY TWO WALL SIGNS ARE ALLOWED BY
CODE FOR ONE TURNBERRY PLACE, LOCATED AT 19495
BISCAYNE BOULEVARD; PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Perlow and seconded by
Commissioner Holzberg. Ms. Kelley explained the request of the applicant and
entered the staff report into the record. Mayor Snyder opened the public hearing.
The following individuals addressed the Commission: Raymond Robin, representing
Washington Mutual; and George Berlin, Turnberry and Associates. There being no
further speakers, the public hearing was closed. An amendment to deny the
requested third wall sign was offered by Commissioner Perlow, seconded by
Commissioner Beskin and passed, 4-3, with Mayor Snyder, Commissioners Beskin,
Perlow, and Rogers-Libert voting yes and Commissioners Holzberg, Berger and
Vice Mayor Cohen voting no. The motion for approval of the resolution, as amended,
passed 5-2, with Mayor Snyder, Vice Mayor Cohen, Commissioners Beskin, Perlow
and Rogers-Libert voting yes and Commissioners Holzberg and Berger voting no
and Resolution No. 98-76 was adopted.
C. 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
PERMIT A SIDEWALK ON ONLY ONE (1) SIDE OF A STREET FOR
PROPERTY LOCATED EAST OF WILLIAMS ISLAND ON THE
SOUTHERNMOST ISLAND IN DUMFOUNDLING BAY, TO TWO
ISLANDS DEVELOPMENT CORP.; PROVIDING FOR AN EFFECTIVE
DATE.
2
Ms. Kelley explained the request of the applicant and entered the staff report into the
record. A motion for approval was offered by Commissioner Beskin and seconded
by Commissioner Rogers-Libert. Mayor Snyder opened the public hearing. The
following individual addressed the Commission: Gary Cohen, Two Islands
Development Corp. There being no further speakers, the public hearing was closed.
An amendment was offered by Commissioner Perlow and seconded by
Commissioner Holzberg to provide that Developer agrees to install a sidewalk on
both sides of the street on the southernmost island (subject property) if the second
(north) island should be developed with residential units other than single-family
homes. The amendment passed 6-1, with Commissioner Beskin voting no. The
motion for approval, as amended, passed unanimously and Resolution No. 91]-77
was adopted.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the August 4, 1998
Commission Meeting, the August 24, 1998 Commission Meeting, and the August 24,
1998 Workshop Meeting was offered by Commissioner Rogers-Libert, seconded by
Mayor Snyder and unanimously approved.
5. SPECIAL PRESENTATIONS: None
6. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS:
Commissioner Berger requested removal of items 7B and 7F and Commissioner
Beskin requested removal of items 7A and 7D, all from the Consent Agenda.
7. CONSENT AGENDA: A motion to approve the items remaining on the Consent
Agenda was offered by Commissioner Rogers-Libert, seconded by Commissioner
Berger, unanimously passed and the following action was taken:
C. Resolution No. 98-78 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON
BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO
THE ATTACHED AGREEMENT BETWEEN THE CITY OF AVENTURA
AND METROPOLITAN DADE COUNTY TO PROVIDE A COMMUNITY
DRUG & CRIME PREVENTION PROGRAM; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
E. The following motion was passed:
3
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $63,000
FOR RADIO EQUIPMENT, TWELVE LAPTOP COMPUTERS, AIR
CARD MODEMS AND TRAFFIC CONES FROM THE POLICE
FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S
MEMORANDUM
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, AUTHORIZING THE CITY MANAGER ON
BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO
THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF
AVENTURA AND THE CITY OF SUNNY ISLES BEACH FOR LAW
ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval, subject to correction of typographical and grammatical errors
and omissions was offered by Commissioner Pedow, seconded by Commissioner
Holzberg, unanimously passed and Resolution No. 98-79 was adopted.
B. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA REQUESTING THE MIAMI-DADE COUNTY
COMMISSION TO EXPEDITE THE INSTALLATION OF A TRAFFIC
SIGNAL AT THE INTERSECTION OF NE 207TM STREET AND NE 30TM
AVENUE; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Perlow. An amendment was offered by Commissioner Berger,
seconded by Commissioner Perlow and unanimously passed to provide in the
first Whereas clause that the subject intersection is dangerous to motorists as
wall. The motion for approval, as amended, passed unanimously and
Resolution No. 98-80 was adopted.
D. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE A'I-rACHED AGREEMENT BETWEEN
THE CITY OF AVENTURA AND CHAMPION RETAIL LIMITED
4
PARTNERSHIP CONCERNING DRAINAGE AND
IMPROVEMENTS; PROVIDING FOR AN EFFECTIVE DATE.
ROAD
A motion for approval was offered by Commissioner Holzberg, seconded
by Commissioner Berger, unanimously passed and Resolution No. 98-81
was adopted.
F. Mr. Weiss read the following motion:
MOTION TO APPROVE AVENTURA FOUNDERS PARK
CONSTRUCTION MODIFICATIONS AS OUTLINED IN CITY
MANAGER'S MEMORANDUM DATED AUGUST 25, 1998
The motion was offered by Commissioner Beskin, seconded by
Commissioner Rogers-Libert and unanimously approved.
PUBLIC HEARING: ORDINANCES - FIRST READING: Mr. Weiss read the
following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA (THE
CITY"), AMENDING THE CITY CODE BY AMENDING CHAPTER 34
"PLANNING AND ZONING", BY AMENDING ARTICLE II "QUASI
JUDICIAL MATTERS", BY CREATING SECTION 34-33 "PUBLIC
STATEMENTS BY COMMISSIONERS" TO REQUIRE THE MAYOR
AND COMMISSIONERS TO AVOID PUBLICLY EXPRESSING THEIR
INTENTION TO VOTE FOR OR AGAINST A QUASI JUDICIAL MATTER
PRIOR TO HEARING; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE.
A motion for approval was offered by Commissioner Beskin, and seconded by
Commissioner Rogers-Libert. A motion for deferral in order to obtain further
information was offered by Vice Mayor Cohen and seconded by Commissioner
Holzberg. The motion for deferral failed, 5-2, with Mayor Snyder, Commissioners
Berger, Beskin, Perlow and Rogers-Libert voting yes and Vice Mayor Cohen and
Commissioner Holzberg voting no. An amendment was offered by Commissioner
Rogers-Libert and seconded by Commissioner Beskin to amend Section 1 to prohibit
a member of the Commission from working to influence public opinion. The
amendment passed, 5-2, with Commissioner Berger and Vice Mayor Cohen voting
no. An amendment was offered by Commissioner Rogers-Libert and seconded by
Commissioner Beskin to amend section 1 (c) to substitute public censure for
reprimand. The amendment passed 6-1, with Vice Mayor Cohen voting no. The
following individuals addressed the Commission: Herbert Kaplow, 3530 Mystic Point
Drive; Judith Jaffe, 3401 N. Country Club Drive; Leonard Brenner, 19355 Turnberry
Way; Paul Libert, La Mirage; Muriel Cohen, 3701 N. Country Club Drive; and
5
Leonard Geller, Commodore Plaza. Commissioner Berger moved to amend the
ordinance to prohibit the public from questioning the Commission on a quasi-judicial
matter. The motion failed for lack of second. An amendment was offered by
Commissioner Berger and seconded by Commissioner Perlow to provide in section
1(c) "subject to rules adopted by the City Commission providing the accused
Commissioner with a fair hearing, including an opportunity to be heard". The
amendment passed unanimously. An amendment was offered by Commissioner
Perlow, seconded by Commissioner Rogers-Libert and unanimously passed to
provide in section l(a) that Mayor and Commissioners shall each avoid publicly
expressing their intention, directly or indirectly. The motion for approval of the
ordinance, as amended, passed 6-1 by roll call vote, with Vice Mayor Cohen voting
no.
PUBLIC HEARING: ORDINANCES - SECOND READING: Mr. Weiss read the
following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA (THE
"CITY"), PROVIDING FOR A BUILDING MORATORIUM ON ISSUANCE
OF DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS WITHIN
THE CITY CONCERNING ANY BUILDINGS PROPOSED TO BE
CONSTRUCTED TO A HEIGHT IN EXCESS OF A CERTAIN NUMBER
OF STORIES DESIGNATED BY THE CITY COMMISSION (THE
"SPECIFIC HEIGHT THRESHOLD") AND CONCERNING ANY
BUILDINGS WHICH ARE PROPOSED TO BE CONSTRUCTED IN
EXCESS OF A HEIGHT WHICH WAS PREVIOUSLY AUTHORIZED BY
DEVELOPMENT ORDER OR DEVELOPMENT PERMIT OR IN EXCESS
OF A HEIGHT WHICH WAS PERMITTED AS OF RIGHT UNDER
EXISTING LAND DEVELOPMENT REGULATIONS, EVEN IF NOT
PROPOSED TO BE IN EXCESS OF THE SPECIFIC HEIGHT
THRESHOLD; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPLACEMENT OF MORATORIA PROVISIONS OF SECTION 33-319,
ET. SEQ. OF THE MIAMI-DADE COUNTY CODE FOR THE SPECIFIC
MATTERS ADDRESSED HEREIN; PROVIDING FOR EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded by
Commissioner Holzberg. An amendment was offered by Commissioner Rogers-
Libert and seconded by Commissioner Holzberg to provide in Section 1
"Notwithstanding anything to the contrary above, this moratorium shall not apply to
any office buildings to be constructed within a Commercial Zoning District, so long
as such office building does not exceed a height of 20 stories or 200 feet, whichever
is less." The amendment passed unanimously. Mayor Snyder opened the public
hearing. The following individual addressed the Commission: Clifford Schulman,
Esq., 1221 Brickell Avenue. There being no further speakers, the public hearing
6
was closed. The motion for approval, as amended, passed unanimously by roll call
vote and Ordinance No. 98-20 was enacted.
10. RESOLUTIONS: None
11. OTHER BUSINESS: None
12. REPORTS: As presented.
13.
PUBLIC COMMENTS: The following individual addressed the Commission:
Reverend Will Keyser, 20900 W. Dixie Highway.
14.
ADJOURNMENT: There being no further business to come before the
Commission at this time, after motion made, seconded and unanimously passed,
the meeting adjourned at 9:15 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
at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that
a verbatim record of the proceedings if made, which record includes the testimony and evidence upon which
the appeal is to be based.
MINUTES
CITY OF AVENTURA
COMMISSION WORKSHOP MEETING
SEPTEMBER 8, '1998 - 4:00 p.m.
Aventura Government Center
2999 NE 191st Street Suite 500
Aventura, Florida 33180
The meeting was called to order at 4:00 p.m. by Mayor Arthur I. Snyder. Present
were Commissioners Arthur Berger, Jay R. Beskin, Harry Holzberg, Jeffrey M.
Perlow, Patricia Rogers-Libert, Vice Mayor Ken Cohen, Mayor Arthur I. Snyder,
City Manager Eric M. Soroka, City Clerk Teresa M. Smith and City Attorney
Richard Jay Weiss (arrived at 4:20 p.m.). As a quorum was determined to be
present, the meeting commenced.
Arapahoe Investment Company Comprehensive Plan Amendment:
(Taken out of order) - Michael Snyder, Esq., representing Arapahoe
Investment Company, addressed the Commission, requesting
Commission's support of an amendment to the Miami Dade County
master plan relative to property in the unincorporated area adjacent to the
City located between NE 202 Street, theoretical NE 198th Street, NE 26th
Avenue and West Dixie Highway. Amendment would change the land use
from residential to office/commercial use. Consensus not to object.
Town Center Concept: Gary Dickens, Ivey, Harris & Walls, the City's
Comprehensive Plan consultant, discussed a town center concept for NE
29th Avenue and surrounding areas, and NE 29th Avenue as a four lane
road or provide for on-street parking. Stanley Price, Esq. and George
Berlin addressed these issues. Consensus to proceed with town center
concept and provide for 29th Avenue as four-lane road.
2.
Redevelopment District Policy (Commissioner Beskin):
Commissioner Beskin suggested prioritizing areas in the City where
redevelopment districts may be created. Consensus that staff and City's
Bond counsel make a presentation to Commission relative to all aspects
of the creation of a redevelopment district and that a feasibility study be
conducted for the City. Additionally, consensus that areas in need of
redevelopment include not only the hospital area, but Loehmann's Plaza
also and that hospital representatives be notified accordingly. A decision
on which district or both to be made at later date.
Mayor's Committee (Mayor Snyder): Removed from agenda by Mayor
Snyder.
Sister Cities Proqram (Commissioner Berger):
September 28, 1998 Workshop Meeting.
Postponed until
Other Business: None.
The meeting adjourned at 6:35 p.m.
Teresa M. Smith, CMC, City Clerk
Approved by the Commission on ,1998.
MINUTES
CITY OF AVENTURA
COMMISSION MEETING
SEPTEMBER 10, 1998 - 7:00 p.m.
Aventura Medical Arts Building
21110 Biscayne Boulevard Suite 101
Aventura, Florida 33180
CALL TO ORDER/ROLL CALL: The meeting was called to order at 7:00
p.m. by Mayor Arthur I. Snyder. Present were Commissioners Arthur
Berger, Jay R. Beskin, Harry Holzberg, Jeffrey M. Perlow, Patricia Rogers-
Libert, Vice Mayor Ken Cohen, Mayor Arthur I. Snyder, City Manager Eric
M. Soroka, City Clerk Teresa M. Smith and City Attorney David M. Wolpin.
As a quorum was determined to be present, the meeting commenced.
PLEDGE OF ALLEGIANCE: Ginger Grossman
allegiance.
PUBLIC HEARINGS: 1998/99 BUDGET
led the pledge of
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ESTABLISHING AND ADOPTING THE CITY OF AVENTURA AD
VALOREM TAX OPERATING MILLAGE LEVY RATE AT 2.2270
MILS PER THOUSAND DOLLARS OF TAXABLE ASSESSED
PROPERTY VALUE, WHICH IS 3.46% ABOVE THE ROLLED
BACK RATE COMPUTED PURSUANT TO STATE LAW, FOR
THE 1998 TAX YEAR; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Beskin and seconded
by Commissioner Rogers-Libert. Mayor Snyder opened the public
hearing. The following individual addressed the Commission: Judith
Jaffe, 3401 N. Country Club Drive. There being no further speakers, the
public hearing was closed. The motion for approval was unanimously
passed by roll call vote.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ADOPTING THE ATTACHED TENTATIVE OPERATING AND
CAPITAL BUDGET, AS REVIEWED AND APPROVED BY CITY
COMMISSION AT THE REVIEW MEETING HELD ON JULY 20,
1998, AS THE CITY OF AVENTURA FINAL BUDGET FOR THE
1998/99 FISCAL YEAR, PURSUANT TO SECTION 4.08 OF THE
CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS
ESTABLISHED BY THE BUDGET; PROVIDING FOR
BUDGETARY CONTROL; PROVIDING FOR PERSONNEL
AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS;
PROVIDING FOR AMENDMENTS; PROVIDING FOR
ENCUMBRANCES; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
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, and seconded by Commissioner Holzberg.
Commissioner Berger requested that the ordinance be amended to
replace the word "hereat" with "herein". The motion for approval, as
amended, was unanimously passed by roll call vote.
There being no further business to come before the Commission, the
meeting adjourned at 7:10 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
at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure
that a verbatim record of the proceedings if made, which record includes the testimony and evidence upon
which the appeal is to be based.
MINUTES
CITY OF AVENTURA
COMMISSION WORKSHOP MEETING
SEPTEMBER 28, 1998 - 9:00 A.M.
Aventura Government Center
2999 NE 191st Street Suite 500
Aventura, Florida 33180
The meeting was called to order at 9:00 a.m. by Mayor Arthur I. Snyder. Present
were Commissioners Arthur Berger, Jay R. Beskin, Harry Holzberg, Jeffrey M.
Perlow, Patricia Rogers-Libert, Vice Mayor Ken Cohen, Mayor Snyder, City
Manager Eric M. Soroka, City Clerk Teresa M. Smith and City Attorney David M.
Wolpin. As a quorum was determined to be present, the meeting commenced.
Sister Cities Pro.qram (Commissioner Berger): Commissioner Berger
reported on a recent workshop he attended and provided information to
the Commission relative to the Sister Cities International Program. He
suggested that such a program be introduced to the residents via the City
newsletter and that the program should be a project of residents and not
the Commission.
State Leqislative Session (Ron Book): Mr. Book addressed the
Commission relative to the upcoming legislative session and the
Commission's priorities. He suggested that along with the priority issues
established by the Commission (government center funding; street/median
landscaping; purchae of park land; reimbursement of funds for additional
police enforcement at Ives Dairy/Biscayne; library and redevelopment at
the county level), that the Commission provide the City Manager with the
flexibility to work with him on all issues as they become available that
would benefit the City.
Community Redevelopment District Program: Steven Miller,
representative of the City's Bond Counsel, Nabors, Giblin & Nickerson,
reviewed the report of Staff and explained the community redevelopment
process to the Commission. Consensus of Commission to proceed with
an RFP for a feasibility study relative to the creation of a community
redevelopment district.
Quasi-Judicial Ordinance (Vice Mayor Cohen): In response to the
Commission's request, Mr. Soroka reported that staff could find no record
of another city with an ordinance similar to that passed on first reading by
the Commission. Consensus of a majority of the Commission to proceed
with ordinance on second reading and upon passage, an explanation of it
be provided to the public via the City newsletter.
Other Business: Other items discussed include: Interamerican Car
Rental (Vice Mayor Cohen); pending legislative issues (Commissioner
Rogers-Libert); discussion of future meeting dates, as follows:
October
Workshop Meetings: October 19, 1998 and October 29, 1998 at 9 a.m.
November
Commission Meeting - November 10, 1998 at 6 p.m.
(changed from November 3r~)
The meeting adjourned at 12:15 p.m.
Teresa M. Smith, CMC, City Clerk
Approved by the Commission on ,1998.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Commission
Eric M. Soroka, Ci~f
September 23, 199~
Traffic Flow Enhancem"m
- Ives Dairy Road Intersection
October 6, 1998 City Commission Meeting Agenda Item ~-/~
RECOMMENDATION
It is recommended that the City Commission adopt the motion to authorize the funds
from the Police Forfeiture Fund to implement traffic flow enhancements at the
intersection of Ives Dairy Road during the season. The funds ($20,000) will be utilized
to hire additional part-time Police Service Aides. Although this approach will not solve
the current traffic problems, we are convinced it will facilitate traffic flow and benefit
motorists and residents utilizing the intersection.
BACKGROUND
In response to the heavy traffic flow during the season and the ongoing construction
traffic on Biscayne Boulevard, the Police Chief and I have been exploring alternatives to
improve traffic flow at the subject intersections during peak hours.
As you are aware, in the past, this process was difficult because while Biscayne
Boulevard is within the City's jurisdiction, West Dixie Highway and N.E. 26th Avenue is
in Miami-Dade's jurisdiction.
As previously advised, the Police Chief was pursuing amending the Mutual Aid
Agreement with the County to allow our officers and Police Service Aides to respond to
the intersections with the same authority as the County. I am pleased to advise that
Director Alvarez has agreed to this amendment and we should be finalizing the
paperwork shortly.
This development will allow the City to implement a traffic flow enhancement alternative
by stationing Police Service Aides at the three (3) intersections along Ives Dairy Road
from 3:30 p.m. to 6:30 p.m. This detail would begin on October 1, 1998 and would
terminate in January when the Gulfstream Park Race Track detail takes over. The
Race Track detail, which is funded by the Track expires in April. Based on utilizing the
two details, traffic flow enhancements would be provided through the entire "season".
The cost of hiring part-time Police Service Aides for the three-month period is $20,000.
When the detail expires in April, the Police Chief and I will review the situation to
determine if additional measures or other alternatives need to be explored.
if you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0650-98
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Eric M. Soroka, City Manager
Thomas E. Ribel, Chief of Police
September 28, 1998
Use of Forfeiture Funds
Florida State Statutes 932.704 & 932.7055 requires that money resulting from
forfeitures be maintained in a special law enforcement trust fund, and that the
funds be expended only upon request of the Chief of Police to the governing
body of the municipality and approval of the governing body.
I am requesting City Commission approval for the expenditure of $20,000 for the
following non-budgeted program:
Part-time Public Service Aids will be assigned to assist traffic flow at three
intersections on ives Dairy Road during peak traffic hours. The amount
requested will cover the cost of the program for a three month period. The
benefit of this program will be to improve the flow of traffic through the
intersections of Biscayne Boulevard, West Dixie Highway and NE 26th Avenue
on Ives Dairy Road. This program will also relieve on-duty police from
responding to traffic problems at these intersections.
I certify that this requested expenditure complies with Florida State Statute
932.7055 in that:
1. Funds will be used for an appropriate law enforcement purpose.
2. Funds are not being used as a normal source of revenue for the
Police Department.
3. Funds were no~t considered in the adoption and approval of the budget
of the Police Department.
09/21/98 ~f0N 16:24 FAX 305 466 $990 AVENTCRA POLICE DEPT. ~]002
September 16, 1998
Metro-Dade Police
Department
Director's Office
9105 N.W- 25th S~ee!
Miami, Florida 33172
Chief Thomas E Ribel
Aventura Police Departmem
2960 Aventura Boulevard
Aventura, Florida 33180
Dear Chief Ribel:
Your letter regarding the traffic problems on Ives Dairy Road and Miami Gardens
Drive has been received and reviewed. I, along with my stale agree that the solution
you have proposed should help to alleviate these problems.
Accordingly, the documents provided with your letter, along with a copy of' this
response, will be provided to Commander Jane Feuer of the Miami-Dare Police
Budget and Planning Bureau for the purpose of processing the necessary changes to
the current Mutual Aid Joint Declaration. A member of her staff will contact you
regarding the ~xecution and filing of the formal documents.
Thank you for bringing this matter to my attention. Our ability to quickly resolve
these problems to the bentffit of all motorists using the intersections in question, and
to the mutual benefit of our ~enci~, is a tribute to the ~reat working relationships
that exist among the member agencies of the D~xle County Association of Chiefs of
Police, I look forward to being able to work with you to resolve s'mailar challenges
in the future.
Sincerely,
CARLOS ALVAREZ
Director ~
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Commission ~/[
Eric M. Soroka, C~,~'~15a~er
September 4, 1998 ~
Traffic Enforcement Jurisdictional Issues - Miami Gardens Drive and
Ives Dairy Road Intersection
As you are aware, the subject intersections have been problematic for several reasons:
while Biscayne Boulevard is within the City's jurisdiction, West Dixie Highway and N.E.
26th Avenue is in Miami-Dade's jurisdiction.
The City Commission has requested that I review the feasibility of annexing the two
intersections in order to resolve the jurisdictional issues.
The Police Chief is pursuing a simpler solution by requesting the Metro-Dade County
Police Department to amend our current Joint Declaration to Mutual Aid Agreement by
adding "Joint Traffic Enforcement" clauses for the two intersections. The purpose of
the amendment is to allow our officers to respond, as needed, to clear the intersections
when problems occur. The attached maps outline the areas that would be subject to
the joint traffic enfomement arrangement.
The Director of the Miami-Dade County Police Department was receptive to this
approach. The Police Chief has submitted the necessary amendments to the
Agreements.
As soon as we receive a response from Miami-Dade, I will advise the City Commission.
EMS/aca
Attachment
cc: Jules Bevis, Administrative Assistant to the City Manager (w/ attachment)
CCO639-98
264 Avenue
Dixie Hwy
Railroad Tracks
~ HWY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Commission
Eric M. Soroka, C~y~nagl
~t9e~neb~ rs ~a9t i~E9 ~ r o g~o~ra m s and
Priorities
October 6, 1998 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission adopt by motion the attached Legislative
Programs and Priorities for the upcoming 1999 Legislative Session. The document
includes the issues discussed at the September 28, 1998 Workshop Meeting.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0652~98
CITY OF AVENTURA
LEGISLATIVE PROGRAM AND PRIORITIES
of E Ce
1999
Mayor Arthur I. Snyder
Vice Mayor Ken Cohen
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
City Manager Eric M. Soroka
City Clerk Teresa M. Smith
City Attorney Weiss Serota Helfman Pastoriza & Guedes, P.A.
CITY OF AVENTURA
LEGISLATIVE PROGRAMS AND PRIORITIES
1999
This document is intended to provide direction to the City Manager, City Attorney and
Legislative Lobbyist as to the official City position regarding issues and pending
legislation which would affect the operation of local government. This document further
provides priorities for the acquisition of supplemental funding (grants) for various
programs.
The City of Aventura wilt endorse and support legislation that will:
Request the Department of Community Affairs to allocate to the City of Aventura
its fair share of funding under the Local Government Comprehensive Planning
Assistance Program as a newly incorporated 'City.
Will not create revisions in municipal pension plans or State Statues that will
impose additional mandated financial obligations for municipalities.
Revise current State Statues to provide for standing for Cities to contest property
assessment amounts assigned by the Dade County Property Appraiser.
4. AdOpt the 1999 Policy Statement of the Florida League of Cities
The City of Aventura will seek financial assistance and grants for the following
projects:
Street and median landscaping and beautification projects on all public
roadways.
Construction of Aventura Government Center.
Recover costs associated with providing additional police resources or have the
State provide manpower at the intersection of Ives Dairy Road and Biscayne
Boulevard or any other areas along Biscayne Boulevard to improve traffic fldw
during construction activities.
Acquisition of land for park purposes.
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Commission ~
Eric IVI, Soroka, City/Mar~ig~r
~ H'a;~ ~: Kilgore, F~a~)S port Services Director
September 30, 1998
Resolution Revising the Stormwater Utility Fee for 1997/98
October 6, 1998 City Commission Meeting Agenda Item ~ - ~.~
RECOMMENDATON
It is recommended that the City Commission adopt the attached Resolution,
which revises the Stormwater Utility Fee rate from $2.00 to 2.50 per month for
each Equivalent Resolution Unit (ERU). Revenues from this source are allocated
to the Stormwater Utility Fund and earmarked specifically for the construction
and maintenance of the City's stormwater drainage system.
BACKGROUND
The Stormwater Utility Ordinance, No. 97-18, provides for the establishment and
revision of the Stormwater Utility Fee to be set by resolution. The fee was
established at $2.00 per month for each ERU by Resolution No. 97-61, effective
October 1, 1997. The Capital Improvement Program and Budget Document
reflect an increase in the fee from $2.00 to $2.50 effective October 1, 1998. This
resolution formally implements the change in rate. It is anticipated that the fee
will generate $814,036 in revenue during the 1998/99 Fiscal Year.
If you have any questions, please feel free to contact me.
HMK/mn
Attachment
FSS162-98
RESOLUTION NO. 98-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA AMENDING RESOLUTION NO.
97-61, WHICH ESTABLISHED THE RATE OF
STORMWATER UTILITY FEE, BY AMENDING THE RATE
OF THE STORMWATER UTILITY FEE FOR THE CITY OF
AVENTURA STORMWATER MANAGEMENT SYSTEM;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 97-18, the Stormwater Utility System Ordinance,
adopted by the City Commission on August 5, 1997, places upon the City Commission
the responsibility to establish and revise the rate of the fee to be charged for each
Equivalent Residential Unit, as the City's Stormwater Utility Fee; and
WHEREAS, the City Commission adopted Resolution No. 97-61 establishing
rates effective October 1, 1997; and
WHEREAS, the City Manager, upon advice and recommendation of the City's
engineering consultants, has recommended to the City Commission a Stormwater Utility
Fee rate schedule to be revised herein pursuant to the Stormwater Utility Ordinance;
and
WHEREAS, the City Commission has held a public hearing hereon.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA AS FOLLOWS:
Section 1. That Section 1 of Resolution No. 97-61 is hereby amended to provide
that the rate to be charged for the Stormwater Utility Fee for each Equivalent
Residential Unit ("ERU") shall be Two Dollars and Fifty Cents ($2.50) per month.
Section 2. That ERU's are assigned and calculated for Single Family Dwelling
Units, Multi-family Dwelling Units, and Non-Residential Developed Property pursuant to
Sections 4 and 5 of the Stormwater Utility Ordinance, in accordance with the rate
established in Section 1 of this Resolution.
Section 3. That the foregoing Stormwater Utility Fee rates shall become
effective on and be applied to all bills for Stormwater Management issued after October
1,1998.
Resolution No. 98-
Page 2
Section 4. That this Resolution shall be effective immediately upon adoption
hereof.
The foregoing Resolution was offered by Commissioner ,
who moved its adoption. The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice-Mayor Ken Cohen
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 6th day of October, 1998.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Commission ~-./~
Eric M. Soroka, ~agell
r998 _ Oomm.,nity
Services~,.~
Bid No. 98-8-17-2 Park/Medians/Right-of-Way Maintenance
October 6, 1998 City Commission Meeting Agenda Item ~' ~..~
Recommendation
The City Commission adopt the attached Resolution awarding Bid No. 98-8-17-2
Parks/Medians/Right-of-Way Maintenance to the lowest responsible and responsive
bidder, Luke's Landscaping, Inc. for the price of $577,000.
Background
In accordance with the City's Purchasing Ordinance, bids for this project were solicited,
advertised and opened on September 10, 1998. All contract specifications were
reviewed by the Finance Support Services Director, City Attorney and Landscape
Architect prior to advertising for bids.
In efforts to obtain the lowest prices, this bid was offered for an initial two-year term,
with the City retaining the sole option to renew the bid for two additional two-year terms.
This bid specifies daily maintenance of all right-of-ways, bus shelters and City facilities
and includes Aventura Founders Park, Williams Island Boulevard, the northern medians
of Biscayne Boulevard and the library, as well as the existing medians and right-of-
ways. In addition, the successful bidder must agree to provide the City with 24-hour
emergency services ranging from clearing roadways to providing hurricane clean up
and recovery services.
City Commission
September 29, 1998
Page Two
This bid also required the bidder to have a storage compound within the City limits, and
to own certain equipment necessary to maintain the athletic field in Aventura Founders
Park, as well as other heavy equipment to propedy maintain the right-of-ways.
The bidding period was extended from its original date of August 17, 1998 to
September 10, 1998 to ensure that all qualified bidders would have an equal
opportunity to bid. Attendance was required at a pre-bid conference to familiarize the
bidders with the bidding requirements, and give all bidders the oppor[unity to tour the
areas contained in the bid. Twelve bidders attended the pre-bid conferences. They
were:
U.S. Grounds, Inc.
Country Bill's Lawn Care
Luke's Landscaping, Inc.
Tulip Lawn and Landscape
Knight Property Mgmt. Services
Oasis Lawn Services
Recio & Associates
Champion Sports, Inc.
Wolfer Landscaping Services
U.S. Lawns, Inc.
Proscape Southeast, Inc.
The Continental Group
Out of the twelve prospective bidders, the City received qualified bids from two bidders.
They were Recio and Associates, Inc. and Luke's Landscaping, Inc.
Grand Total for 12
Months $577,000 $637,220
Luke's Landscaping, Inc. has been the City's landscape maintenance contractor since
November, 1996. Their financial statements are on record with the City and they have
successfully completed a police background check. Luke's Landscaping complies with
all requirements of Bid No. 88-8-17-2 and is the lowest responsible and responsive
bidder for all areas covered by the bid. Based on the information contained herein, I
recommend Luke's Landscaping, Inc. be awarded the contract at a total cost of
$577,000 per year.
RMS/gf
Attachments
RMS98090
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 98-8-17-2-2, PARKS/MEDIANSIRIGHT-OF-WAY
MAINTENANCE, TO LUKES' LANDSCAPING, INC., AT THE BID PRICE
OF $577,000; AUTHORIZING THE CITY MANAGER TO EXECUTE
ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO
TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE
AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION
AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Manager of the City of Aventura, Florida, has, pursuant to
the various laws of the State of Florida and the Code of the City of Aventura, properly
solicited and accordingly accepted bids for BID NO. 98-8-17-2,
PARKS/MEDIANS/RIGHT-OF-WAY MAINTENANCE; and
WHEREAS, sealed bids have been submitted to and received by the City
pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and
requirements for the project/work as cited above; and
WHEREAS, staff has determined that Luke's Landscaping, Inc., has submitted
the lowest responsible and responsive bid for said project/work; and
WHEREAS, the City Commission, upon the recommendation of the City
Manager, is therefore desirous of awarding said bid/contract to said lowest responsible
and responsive bidder.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA:
Section 1: That bid/contract for BID NO. 98-8-17-2 PARKS/MEDIANS/RIGHT-
OF-WAY MAINTENANCE, is hereby awarded to Luke's Landscaping, Inc., in the
amount of $577,000.
Resolution No.
Page 2
Section 2:
City, a contract by and
specifications a set forth
The City Manager is hereby authorized to execute, on behalf of the
between the parties embodying the terms, conditions,
in the subject Invitation to Bid/Notice to Bidders, bid
specifications, bid proposal and bid requirements, or if a City prepared contract was
part of said bid proposal, said parties shall execute said prepared contract on behalf of
the City.
Section 3: That the City Manager is hereby authorized and requested to take
all necessary and expedient action to carry out the aims of this Resolution in awarding
this bid/contract.
Section 4: That the funds to be allocated and appropriated pursuant hereto
and for the purpose of carrying out the tenets of this Resolution shall be from the
General Fund Line Item Nos. 001-5001-539-3450 and 001-5001-539-3452.
Section 5: This Resolution shall be effective immediately upon its adoption.
The foregoing Resolution was offered by , who moved its
adoption. The motion wes seconded by and upon being put to a
vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Ken Cohen
Mayor Arthur I. Snyder
Resolution No.
Page 3
PASSED AND ADOPTED this 6th day of October, 1998.
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
ARTHURI. SNYDER, MAYOR
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
PARK I RIGHT-OF-WAY / MEDIAN I CITY FAC~ILIT~'~ Bid No. 98~-17-2
MAI~ONS J Page No. 3~3
FIRST (24 MONTHS)
Six Month Six Month
Cost for Cost for Total
ITEM RIGHT OF WAY Maintenanc~ Maintenance' Cost Cost Per
# LOCATIONS Apr-Sept Oct-Mar Per 12 Mos. Additional Cuts
Row Right-of-Way of N E. 190th Street
1 from NE, 29 Ave. to Hidden Bay entrance. 9t455.00 6,545.00 16,000.~ 0 FREE
Row Right-of-Way of the William Lehman
2 Causeway from S.R. 5/Biscayne Bird,
~o turn around at foot of brid~le 35.454.0024~546.00 60~000. 0 FREE
Row Right-of-Way of Country Club Dr, from the
3 William Lehman Causeway on the north to
the William Lehman Causewa¥ on the south 32~137.0056~863.00 139.O00. )0 FREE
Row Right-of-Way of Aventura Blvd, from S.RS/
4 Biscayne Blvd. to Country Club Drive 32,500.00 ). 2 t 500.00 55 ~ 000. )0 FREE
ROW Right-of-Way qf N.E. 207th Street from
5 S.R 5/Biscayne Blvd. to NE. 34th Avenue L7,728.00L2,272.00 30,000.,)0 FREE
' Row Right-of-Way of N.E. 34th Avenue from
6 Country Cl~b Drive to N.E. 214th Str®et , L~,768.00 L0,232.00 25,000.~0 FREE
Row West side of Biscayne Blvd. from
7 Ives Dairy Road to NE. 183rd Street L5,363.00.0,637.00 26,000.1~0 FREE
Row West side Right-of-Way of N.E. 29 Place
8 from Aventura Blvd. to N.E. 203 Street 3~545.0[ 2,455.00 6,000.(,0 FREE
Row Biscayne Blvd. from N.E. 209 Street to
9 Nor~hem City limits (Northern Medians) 14,,181.0£ 9,819,00 24,,000.(~0 FREE
Row N.E. 183 Street (Miami Gardens Drive)
10 [ram Biscayne Blvd. to Williams Island
Entrance 24,,818.0C 7,182.00~ 4,2,000,1,0 FREE
Row N.E 31st. Avenue from N.E 183rd. Street
11 Miami G~ardens Dr./ to N.E. 185th. Street 2,364.0£ 1 , 636. O0 4,000. {.0 FREE
Sub-Totai Right. of-Ways 52,313.0 ¢ 174,, 687.0 ~4, 27,000. 0
CITY FACILITIES
CF ;Aventura Library
I 1].,818.00 8,182.00 20,000. )0 FREE
CF Founders Park
2 76,818.0053~182.00 130r000,10 FREE
Sub-Total City Facilities B8,636,0051,364,.00 ].50,000. )0 FREE
TOTAL BID FOR RIGHT-OF-WAYS, CITY
MEDIANS AND CITY FACILITIES FOR
24 MONTHS $1 , 154,,000. )0
UNIT PRICES
Hourly rate for Bucket Truck
with Operator Per hour = 55.00
Drag and Stripe t
Clay Infield Per ocurrence = 100.00
Seasonal Color Replacement 1.20
4 1/2" pot Per plant planted =
Phoenix Dactilifera
maintenance Per palm per year= ]. 20.00
Coconut Palm lethal yellowing
(L.Y.) injections Per palm per injection= 14.. 00
Rate for (1) water tank, min 500 gal. cap., Per day= [ 50.00
with pump and hose reel Per week= 750.00
Per month= 3 t 000. O0
500 SqFt. Palette of St. Augustine 'Floratam"
Sod delivered and installed per City directions Per palette= ].75.00
Cypress Bark Mulch per 100
cubic yards in place Per 100 cu yds= 3,000.00
reDDERS NAME~ .>_~ k__~
PARK I RIGHT-OF-WAY I MEDIAN / CITY FACILITIES
MAINTENANCE LOCATIONS
uFIRST (24 MONTHS)
Bid No. 98-8-17-2
Page No 33
Six Month Six Montl1
Cost for Cost for Total
ITEM RIGHT OF WAY Maintenance Maintenance Cost Cost Per
# LOCATIONS Apr -Sept Oct-Mar Per 12 Mos. Additional Cuts
Row Right-of-Way of N,E. 190th Street :~_'-l "~- ! c"', , i " ...'."7:' '-
1 from NE 29 Ave. to Hidden Bay entrance. . " "I" 1!-)("" ..
Row Right-of-Way of the William Lehman
2 Causeway from S,R. 5/Biscayne Blvd ;; , , ;"1. '~' , , }F'- .....'- , ],'.c", --
to turn around at foot of bridae
Row Right-of-Way of Country Club Dr. from the if -;h .' , -5-')-j .:;" ., ~. .'t';' I,.'": 4/ .'
. il/'X{ :"1" .. ~ ~
3 William Lehman Causeway on the north to
the William Lehman Causeway on the south ,
Row Right-of-Way of Aventura Blvd. from S.RS/ ..r, f:: '(:(" J_ ~j l/f!;U ,./. , -t", :
'J;'1'/!iiJ , ,
4 Biscavne Blvd_ to Country Club Drive
Row Right-of-Way of N. E. 207th Street from -rt?;-?<(/,;'.. --; _1:;:', " ' '-
II'" - ','
5 S.R 5/Biscayne Blvd. to N.E. 34th Avenue
Row Right-of-Way of NE. 34th Avenue from if 'r,_')V. 'Z /1'7,!-(( " ;'1 ~L , -
i~ l' ,
6 CountrY Club Drive to N,E. 214th Street ' -
Row West side of Biscayne Blvd from '}I/:)//I.( " -;~ , , ?1:../7"''''' ,
7 Ives Dairv Road to N.E. 183rd Street .,"
Row West side Right-of-Way of N.E. 29 Place l'i-;v' ,- -' " ,- ftc.~ '~)r,- " .,
'"
8 from Aventura Blvd. to N.E. 203 Street
Row Biscayne Blvd. from N,E. 209 Street to -,1 'I.( '( J J)-'~I;'':'-~ ., -'&7,
9 Northem City limits (Northern Medians) "
Row N.E. 183 Street (Miami Gardens Drive)
10 from Biscayne Blvd. to Williams Island -,/bel,",,- <<jfet.:;:Jl ,'. ;l- ~1f12"';..- - " -p.\:",-
Entrance
Row NE. 31st Avenue from N.E. 183rd. Street ,'P ~:, ~. l,,;' -:J"f: ':$;153 ,1;/;-'-;';; ,-
11 (Miami Gardens Dr.) to N.E. 185th. Street ""'/' '--
ij3t'i,-h .' ~5:".: ~-. ;',:; " -j;/--1 ~- t. r/; ,'.
Sub-Total Rioht-of-Ways I"J""., "
CITY FACILITIES
CF Aventura Library 1fj,//]L' .~ ;~J. 117;'->"': $/'/."
1
CF Founders Park 1!x;- <!,</C( , '11--3('(::1. ,Z l''' , '" -- -;7.' , 1
2 ,". ,
ift 7 ,"fe- :, :JI,I',:CC ,1 '/1/(.') ~)"?[".
Sub-Total City FacilIties ...' '// "'-'
!"' .y,uu'1M: d '-F" .'-/: ;< 'i ('J?U>id""
TOTAL BID FOR RIGHT-OF-WAYS, CITY " L"_i,'::c.C
MEDIANS AND CITY FACILITIES FOR ':;,1':".//)0w-m'/-1.I.:;;;' , 2 77J ";'.c.,'; ,-~ 11/.2.. 7Li~....)Y,-
24 MONTHS
UNIT PRICES
Hourly rate for Bucket Truck 4'ji 7 ~/l
with Operator Per hour :::
Drag and Stripe 1. ,'-; .,
Clay Infield Per ocurrence :::
Seasonal Color Replacement ,-
41/2" pot Per r:lant planted ::: 'ih~ 4...~
Phoenix Dactilifera
maintenance Per palm per year::: l-' ~"r~,'
.- .
COL.0i IUl Pd;[11 j""ihai yt::iivwillg -"1>' "
L.Y) injections Per palm per injection-
Rate for (1) water tank, min. 500 gal. cap.. Per day:!; 'v. . -: --:.LI,I/( 'G-,--d#
with pump and hose reel _ . -2). ,.1{' Per week:::1P!t :l~~. ':
0~.:JC Per month::: :3 ~ . '.)
500 Sq.Ft. Palette of St. Augustine 'Floratam" .c:- .... .
Sod delivered and installed per City directions Per palette==
Cypress Bark Mulch per 100 -
cubic yards In place Per 100 cu, yds.::: J' )~'-) :1..-
..') ,
/; ,/
/ -,
BIDDERS ~'AME
/~L;;..
-,
---'~~/
.,
~
n
CITY OF AVENTURA
OFFICEOFTHECITYMANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Commission
Eoriclo~ ~r~;;'8Ci~
Huber Tract Purchase Agreement
October 6, 1998 City Commission Meeting Agenda Item ~ ~'
RECOMMENDATION
It is recommended that the City Commission authorize the execution of the Contract for
Purchase and Sale of Real Property relating to the Huber Tract.
BACKGROUND
As per the City Commission's direction, I have negotiated for the purchase of the Huber
Tract site. The major terms contained in the Purchase and Sale of Real Property
document are as follows:
Sale price of $2,400,000
Deposit of $50,000
Closing to take place in November 1998
The 1998/99 Budget includes $1,350,000 in the General Fund for the pumhase of the
property. The City will receive a grant from the Safe Neighborhood Parks Program in
the amount of $1,027,100. The difference of $22,900 will be funded from General Fund
reserves via an amendment. The Safe Neighborhood Parks funding will not be
available until January 1999. The $1,027,100 will be funded from the line of credit in
November and repaid when the grant funds are available.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
cc0653-98
RESOLUTION NO.__
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED REAL ESTATE
PURCHASE AND SALE CONTRACT BY AND BETWEEN
THE CITY OF AVENTURA AND AL SCHNEIDER, TRUSTEE;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
.Section 1. The City Manager is hereby authorized on behalf of the City of
Aventura to execute and otherwise enter into the Real Estate Purchase and Sale Contract
by and between the City of Aventura and Al Schneider, Trustee, in substantially the form
attached hereto.
Section 2. The City Manager is hereby authorized to do all things necessary and
expedient in order to effectuate the execution of the attached Agreement described in
Section 1 above, and to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by Commissioner , who
moved its adoption. The motion was seconded by Commissioner , and upon
being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Resolution No.
Page 2
Vice Mayor Ken Cohen
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 6th day of October, 1998.
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
LILLIAN A~:~ANGO DE LA HOZ'
PATRIC)A M. BALOYRA
MITCHELL A. BIEF~MAN
NINA L. BONIE~KE
VIA FEDERAL EXPRESS
WEISS SEROTA H E L F ~i-k N'
PASTORIZ-k & GrJEDES,
ATTORNEYS AT LAW
2665 SOUTH BAYSHORE DRIVE
SUITE 4~0
MIAMI~ FLORIDA 33133
September 29, 1998
'OF COUNSE~
Donald J. Doody, Esq.
Josias, Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd.
Suite 200
Ft. Lauderdale, FL 33308
Re:
Contract for Purchase and Sale of Real Property between Albert J.
Schneider and Gladys M. Schneider, as Trustees, as Seller, and the City of
Aventura, as Buyer (the "Contract")
Dear Mr. Doody:
Enclosed are two originals of the Contract that have been revised pursuant to your letter
to me of today's date. Please attach the appropriate exhibits, insert your cliem's taxpayer
identification number in Section 1.22, and have your client sign and date both originals as
indicated. Each signature needs to be witnessed by two individuals. Thereafter, please return
both originals to me. If approved at the City Council meeting scheduled for October 6, 1998, I
will return a fully executed original to you for your records.
Very truly yours,
Steven W. Zelkowitz
SWZ/del RECEIVED
328.001
Enclosure oL 0 ! 1998
cc: Mr. Eric M. Soroka, City Manager (w/enc.) OFFICE OF THE
CITY MANAGER
CONTRACT FOR PURCHASE AND SALE OF REAL PROPERTY
This Contract is made and entered into as of the __. day of October, 1998, by and
between ALBERT J. SCHNEIDER AND GLADYS M. SCHNEIDER, AS TRUSTEES OF
THE UNRECORDED ALBERT J. SCHNEIDER TRUST DATED APRIL 14, 1983 FOR
THE BENEFIT OF ALBERT J. SCHNEIDER ("Seller"), and the CITY OF AVENTURA, a
Florida municipal corporation ("Buyer").
In consideration of the mutual agreements herein set forth, the parties hereto agree as
follows:
1. Del'tuitions. The following terms when used in this Contract for Purchase and Sale
shall have the following meanings:
1.1 Acceptance Date. October 6, 1998.
1.2 Attorneys' Fees. All reasonable fees charged by an attorney for his/her
services and the services of any paralegals, legal assistants or law clerks, including (but not
limited to) fees charged for representation at the trial level and in all appeals.
1.3
open for business.
Business Day. Any day that the banks in Miami-Dade County, Florida are
1.4 Buyer. City of Aventura, a Florida municipal corporation, Attention: Eric
M. Soroka, City Manager. Buyer's mailing address and telephone number are Government
Center, 2999 N.E. 191st Street, Suite 500, Aventura, Florida 33180, Telephone: (305) 466-8910,
Telecopy: (305) 466-8919. Buyer's taxpayer identification number is 65-0662615.
1.5 Buyer's Attorney. Weiss Serota Helfman Pastoriza & Guedes, P.A.,
Attention: Steven W. Zelkowitz, Esq. Buyer's Attorney's mailing address and telephone number
are 2665 South Bayshore Drive, Suite 420, Miami, Florida 33133. Telephone: (305) 854-0800;
Telecopy: (305) 854-2323.
1.6 Closing. The delivery of the Deed to Buyer concurrently with the delivery
of the Purchase Price to Seller.
1.7
the Closing Agent.
Closing Agent. Buyer's Attorney as agent for the Title Company shall be
1.8 Closing Date. November 11, 1998
1.9 Contract. This Contract for Purchase and Sale of Real Property.
1.10 Deed. The Special Warranty Deed that conveys the Land from Seller to
Buyer.
1.11 Effective Date. The date this Contract is executed by the last of either the
Buyer or Seller.
1.12 Governmental Authority. Any federal, state'; county, municipal or other
governmental department, entity, authority, commission, board, bureau, court, agency or any
instrumentality of any of them.
1.13 Governmental Requirement. Any law, enactment, statute, code ordinance,
rule, regulation, judgment, decree, writ, injunction, franchise, permit, certificate, license,
authorization, agreement, or other direction or requirement of any Governmental Authority now
existing or hereafter enacted, adopted, promulgated, entered, or issued.
1.14 Hazardous Material. Any flammable or explosive materials, petroleum or
petroleum products, oil, crude oil, natural gas or synthetic gas usable for fuel, radioactive
materials, asbestos, polychlorinated biphenyls (PCB's), hazardous wastes or substances or toxic
wastes or substances, including, without limitation, any substances now or hereafter defined as or
in the definition of "hazardous substances," "hazardous wastes." "hazardous materials," "toxic
materials" or "toxic substances" under any applicable Governmental Requirements.
1.15 Land. That certai~ real property located in Miami-Dade County, Florida,
as more particularly described in Exhibit A attached hereto and made a part hereof, together with
all property rights, easements, rights-of-way, privileges and appurtenances thereto; all right, title
and interest of Seller in and to any land lying in the bed of any street, road, highway or avenue,
open or proposed, public or private, in front of or adjoining all or any part of the Land to the
center line thereof; and all right, title and interest of Seller in and to any unpaid award for damage
to the Property or any pan thereof by reason of change of grade of any street, road, highway or
avenue adjacent to the Property; all strips and gores adjoining and adjacent to the Land; and all
oil, gas and mineral rights, if any.
1.16 Permits. All licenses and permits, if any, applicable to the Property. If
there are any Permits, a schedule thereof shall be attached hereto as Exhibit D.
1.17 Permitted Exceptions. The title exceptions set forth in Exhibit B attached
1.18
located on the Land.
hereto as Exhibit C.
Personal Property. All items of personal property, if any, owned by Seller
If there is any Personal Property, an inventory thereof shall be attached
-2-
1.19 Property. The Land, Permits and Personal Property.
1.20 Property Records. Copies of all the following documents in the Seller's
possession or control relating to the Property: any and all Permits, appraisals, paid tax bill for the
year 1997, tax assessment notices, tire insurance policies, surveys, plats, soil reports and
compaction tests, environmental audits, engineering reports and similar technical data and
information, and material correspondence (which shall mean :~orrespondence, other than
attorney/client privileged correspondence, which discloses claims, allegations or adverse
information regarding the Property or claims, allegations or adverse information that the Property
violates any Governmental Requirements, that there is Hazardous Material on or about the
Property, or that there are defects or deficiencies in or on the Property).
1.21 Purchase Price. The sum of Two Million Four Hundred Thousand and
00/100 Dollars ($2,400,000.00).
1.22 Seller. Albert J. Schneider And Gladys M. Schneider, as Trustees of the
unrecorded Albert J. Schneider Trust dated April 14, 1983 for the Benefit of Albert J. Schneider.
Seller's mailing address is c/o Seller's Attorney at the address set forth in Section 1.23. Seller's
taxpayer identification number is
1.23 Seller's Attorney. Josias, Goren, Cherof, Doody & Ezrol, P.A.
Attention: D. J. Doody, Esq. Seller's ,Attorney's mailing address is 3099 East Commercial
Boulevard, Suite 200, Fort Lauderdale, Florida 33308. Telephone: (954) 7714500. Telecopy:
(954) 771-4923.
1.24 Title Commitment. An ALTA Title Insurance Commitment from the Title
Company, agreeing to issue the Title Policy to Buyer upon satisfaction of the Buyer's obligations
pursuant to this Contract.
1.25 Tire Policy. An ALTA owner's title insurance policy in the mount of the
Purchase Price, insuring Buyer's title to the Land, subject only to the Permitted Exceptions.
1.26 Title Company. First American Title Insurance Company, Chicago Title
Insurance Corporation, or such other nationally recognized title insurance company licensed to
write title insurance in the State of Florida approved by Buyer.
2. Purchase and Sale. Seller agrees to sell and convey the Property to Buyer and
Buyer agrees to purchase and acquire the Property from Seller on the terms and conditions
hereinafter set forth.
-3-
3. Purchase Price. The Purchase Price shall be paid as follows:
3.1 Deposit. Simultaneously with the execution of this Contract, Buyer has
deposited into escrow, in an interest bearing account opened by the law finn of Weiss Serota
Helfman Pastoriza & Guedes, P.A. ("Escrow Agent"), an earnest money deposit of Fifty
Thousand and 00/100 Dollars ($50,000.00). Interest on the Deposi[,shall accrue to the benefit of
the Buyer unless the Deposit is delivered to the Seller as liquidated damages pursuant to Section
19.1 below, in which event such interest shall accrue to the benefit of the Seller and be delivered
to Seller as part of the Deposit. For purposes of reporting earned interest with respect to the
Deposit, Buyer's and Seller's Federal Tax Identification Numbers are respectively set forth in
Sections 1.4 and 1.22 above.
3.2 Cash to Close. On the Closing Date, as part of the Closing, Buyer shall
pay to Seller by wire transfer of immediately usable wired funds to a bank account or bank
accounts designated by Seller in a notice to Buyer to be given at least one day prior to Closing,
the Purchase Price. The Purchase Price shall be adjusted for any credits, debits or prorations
required to be made under this Contract (the "Cash to Close"). The Deposit shall be part of the
Cash to Close.
4. Buyer's Inspection of the Property.
4.1 Seller's Delivery ,of Property Records. If Seller has not previously
delivered the Property Records to Buyer, within five (5) days of the Effective Date Seller shall
deliver the Property Records to Buyer. Seller shall have a continuing obligation to deliver to
Buyer the Property Records and, if Seller obtains or becomes aware of any additional Property
Records, Seller represents and warrants that it shall immediately deliver such additional Property
Records to Buyer.
4.2 Buyer's Inspection of the Property. Commencing upon the Effective Date
and for a period of forty-five (45) days thereafter, Buyer or its authorized agents, personnel,
employees, or independent contractors shall be entitled to enter upon the Land during reasonable
business hours for the purpose of making physical inspections of the Property. Buyer may also
make all inspections and investigations of the Property which it may deem necessary, including
but not limited to soil borings, percolation tests, engineering, environmental, and topographical
studies, and availability of utilities. Ail inspections shall be made at Buyer's expense.
4.3 Indemnification. Subject to the provisions and monetary limitations set
forth in Section 768.28, Florida Statutes, Buyer hereby agrees to indemnify Seller and hold Seller
harmless against all claims, demands and liability, including Attorneys' Fees, for nonpayment for
services rendered to Buyer, for mechanics' liens, or for damage to persons or property arising out
of Buyer's investigation of the Property. This indemnification and agreement to hold harmless
shall survive the termination of this Contract or the Closing.
-4-
4.4 Termination Notice. Notwithstanding anything to the contrary in this
Contract, Buyer shall have the fight, for any reason or no reason, to elect (in its sole and absolute
discretion) to terminate this Contract by delivering written notice to Seller or Seller's Attorney to
that effect no later than 5:00 P.M. (EST) on the thirtieth (30~) day following the Effective Date
(the "Expiration Date"). If Buyer so delivers said notice not later than the Expiration Date, then
(a) this Contract shall be terminated and of no further force and effect except for those provisions
which expressly survive termination; Co) the Escrow Agent shall deliver the Deposit to Buyer; and
(c) the parties shall have no further liability to one another under this Contract.
4.5 Waiver of Right to Terminate; "As-Is" Condition. If Buyer does not
terminate this Contract as set forth in Section 4.4 above, Buyer shall be deemed to have waived
its right to terminate the Contract as provided in Section 4.4 and to have represented and
warranted to Seller that: (a) Buyer has had the full oppommity to make such investigation of the
condition of the Property as Buyer has deemed necessary; (b) Buyer is relying solely upon its own
investigations in making the decision to purchase the Property; and (c) Buyer will accept the
Property in its "as is" condition, without any obligation of Seller to make any repairs or
renovations to the Property, and with no representations or warranties, except as otherwise
expressly provided in this Contract.
4.6 No Representations or Warranties. To the maximum extem permitted by
law, and as specifically set forth in this,Contract, Seller has not, does not and will not make any
representations or warranties, of any kind, oral or written, express or implied, concerning the
Property including, without lirm'tation (i) the value, condition, merchantability, habitability,
profitability, suitability or fimess for a particular use or purpose, of the Property, (ii) the
manner, quality, or state of the Property, or (iii) whether the Property is in compliance with any
environmental protection, pollution or land use laws, rule, regulations orders or requirements
including, but not limited to, those pertaining to the handling, generating, treating, storing or
disposing of any hazardous waste or substance, all except as specifically set forth in this
Contract.
5. Evidence of Title.
5.1 Delivery of Prior Owner's Policy. If Seller has not already done so prior
to its execution of this Contract, simultaneously upon its execution of this Contract Seller shall
deliver to Buyer a copy of its prior owner's policy covering the Property.
5.2 Marketable Title. At closing, Seller shall convey to Buyer marketable and
insurable fee simple title to the Land, free and clear of all liens and encumbrances subject only to
the Permitted Exceptions.
-5-
5.3 Title Commitment. Buyer shall have twenty (20) days from the date of
receiving the prior owner's policy to obtain a Title Commitment and to examine same. The rifle
policy to be issued pursuant to the Title Commitment shall insure that any and all restrictions and
conditions have not been violated and that any future violation will not result in a forfeiture or
reversion of rifle; shall contain no survey exception; shall contain no printed exceptions and shall
affu'matively insure access to the Property.
5.4 Additional Exceptions. If the Title Commilment reflects that title to the
Land is subject to any exceptions ("Additional Exceptions") other than the Permitted Exceptions,
Buyer shall notify Seller in writing of the Additional Exceptions to which Buyer objects within
five (5) days after Buyer's receipt of the Title Commitment. If Buyer receives notice of or
otherwise discovers any Additional Exceptions after delivery of the Title Commitment and prior
to the Closing Date, Buyer shall notify Seller in writing of the Additional Exceptions to which
Buyer objects within ten (10) days after Buyer receives notice of such Additional Exceptions.
5.5 Additional Exceptions Curable by the Payment of Money. Seller shall be
required to cure or remove all Additional Exceptions which can be cured or removed by the
payment of a liquidated sum of money prior to or on the scheduled Closing Date.
5.6 Additional Exceptions Not Curable by the Payment of Money. Seller shall
have a period of sixty (60) days after notice from Buyer to cure any Additional Exceptions which
are not curable by the payment of a liquidated sum of money, and the Closing Date shall be
postponed, if necessary, to afford Seller the full sixty (60) days to cure Additional Exceptions.
Seller shall exercise commercially reasonable efforts in curing the Additional Exceptions, which
shall not include the institution of any lawsuits. If Seller is unable to cure any Additional
Exceptions within the time period provided, Buyer shall have the following options:
5.6.1 Buyer may waive the uncured Additional Exceptions and accept title
in its existing condition; or
5.6.2 Buyer may terminate the Contract by sending written notice to Seller;
Seller shall pay to Buyer Buyer's Costs' and, except as specifically set forth in tiffs Contract
neither Buyer nor Seller shall have any further rights or obligations hereunder.
5.7 Postponement of Closing Date. If the Closing Date has been postponed
beyond the originally scheduled Closing Date to afford Seller additional time to cure the
Additional Exceptions, the Closing shall take place no more than ten (10) days after Seller sends
Buyer written notice that all Additional Exceptions have been eliminated.
-6-
6.1 Delivery of Survey. Within twenty (20) days after the Effective Date
Buyer may cause to be prepared at its expense a current survey (the "Survey") of the Land. The
Survey shall be prepared by a land surveyor or engineer registered and licensed in the State of
Florida and shall be prepared in accordance with the Minimum Technical Standards for survey in
the State of Florida.
6.2 Survey Defects. Buyer shall have five (5) days from the date of receiving
the Survey to examine same. If the Survey shows any encroachments, gaps, or overlaps, or if the
Survey shows any other defect which would affect the marketability of title to the Property, Buyer
shall notify Seller of such defect within five (5) days after receipt of the Survey and such
encroachment or defect shall be treated in the same manner as title defects are treated under this
Contract.
7. Seller's Maintenance of Property.
7.1 Prior to Closing. Between the Effective Date and the Closing Date, Seller
covenants and agrees as follows:
7.1.1 Seller shall maintain the physical condition of the Property in a
manner substantially consistent with Seller's maintenance during the period preceding the
Effective Date and in accordance with all applicable federal, state and local laws, ordinances and
requirements.
7.1.2 Seller shall not remove any item of Personal Property described in
Exhibit C hereto from the Property.
7.1.3 Seller shall maintain any and all insurance coverage presently in
effect with respect to the Property, including policies of public liability insurance.
7.1.4 Seller shall observe and keep in force and effect all Permits
necessary or required to carry on the present business being conducted upon the Property.
8. Seller's Representations.
8.1
Buyer as follows:
Representations and Warranties. Seller hereby represents and warrants to
8.1.1 Seller's Authority. Seller has full power and authority to own and
sell the Property and to comply with the terms of this Contract. The execution and delivery of
-7-
this Contract by Seller and the consummation by Seller of the transaction contemplated by this
Contract are within Seller's capacity.
8.1.2 No Legal Bar. The execution by Seller of this Contract and the
consummation by Seller of the transaction hereby contemplated does not, and on the Closing Date
will not result in a breach of or default under any indenture agreement, instrument or obligation to
which Seller is a party and which affects all or any portion of the Prdi~erty.
8.1.3 Litigation. There are no actions, suits, proceedings or investigations
pending or, to the knowledge of Seller, threatened against Seller or the property and Seller is not
aware of any facts which might result in any such action, suite or proceeding. If Seller is served
with process or receives notice that litigation may be commenced against it, Seller shall promptly
notify Buyer.
8.1.4 Hazardous Material. To the best of Seller's knowledge and belief as
to all of the following: (a) Seller has conducted no activity on the Property involving the
generation, treatment, storage or disposal of Hazardous Material; (b) no portion of the Property is
now being used or has ever been used to treat, store, generate or dispose of Hazardous Material;
(c) Seller has received no written notice that any previous owner or tenant conducted any such
activity; (d) Seller has received no written notice of any discharge, spill, or disposal of any
Hazardous Material on or under the Property; (e) Seller has received no written notice from any
Governmental Authority or any other party of any Hazardous Material violations concerning the
Property or any portion thereof, nor is S~ller aware of any such violation; (f) Seller has received
no written notice as to any locations off the Property where Hazardous Material generated by or
on the Property have been treated, stored, deposited or disposed of; and (g) Seller has no
knowledge of the presence of any Hazardous Materials upon the Property. Seller agrees that it
will indemnify, defend and hold harmless Buyer from any and all claims, judgments, liabilities,
losses, damages, actions, causes of actions, suits, response costs, remediation costs, frees,
penalties, fees, and expenses (including reasonable attorneys' fees and expemes, incurred at both
the trial and appellate levels) arising out of or in any way relating to the existence, use, or misuse,
handling or mishandling, storage, spillage, discharge or seepage into the ground, in water bodies
or the ground water (including aquifers) at any time prior to Closing of any Hazardous Materials
in, on, under, at or used upon the Property.
8.1.5 Parties in Possession. There are no parties other than Seller in
possession of any portion of the Land as lessees, tenants at sufferance or trespassers or otherwise.
8.1.6 Adverse Information. Seller has no information or knowledge of (a)
any action by adjacent landowners, or (b) any other fact or condition of any kind or character
which could materially adversely affect the current use or operation of the property.
-8-
8.1.7 Compliance with Laws. To the best of Seller's knowledge, the
Property is in compliance with all applicable Governmental Requirements.
8.1.8 Notices. Seller has received no written notice from any
Governmental Authority or any other party (a) that the Property is in violation of any zoning,
environmental or other land use regulations, and to Seller's knowledge no such notice has been
issued; (b) that Seller is currently in violation, or with the passage df time will be in violation of
the requirements of any ordinance, law, or regulation or order of any Governmental Authority, or
(c) asserting that Seller is required to perform work at the Property and to Seller's knowledge no
such notices have been issued. If Seller receives such a notice or a violation is issued or fried
prior to Closing, Seller shall promptly notify Buyer and shall be responsible to cure any such
violation.
9. Buyer's Representations. Buyer represents and warrants to Seller as of the
Effective Date and as of the Closing Date as follows:
9.1 Buyer's Existence. Buyer is a municipal corporation duly organized,
existing, in good standing and qualified to do business under the laws of the State of Florida.
Buyer has full power and authority to purchase the Land and to comply with the terms of this
Contract.
10. Survival of Representations. All of the representations of Buyer and Seller set
forth in this Contract must be tree upon ~e execution of this Contract, and must be tree as of the
Closing Date. The representations, warranties and agreements of Buyer or Seller set forth in this
Contract shall survive the Closing for a period of nine (9) months.
11. Closing. Subject to all of the provisions of this Contract, Buyer and Seller will
close this transaction on the Closing Date commencing at 9:00 a.m. The Closing will take place
at the office of Buyer's Attorney unless otherwise agreed by the parties.
11.1.1 Conditions Precedent to Closing. Each of the following shall
constitute a condition precedent to the obligation of the parties to close the transaction
contemplated hereby, each of which must be fulfilled or waived at or prior to Closing.
11.1.2 Seller and Buyer shall have delivered to Closing Agent all
documents and the Pumhase Price as required by this Contract to be delivered by the respective
parties;
11.1.3 All of the representations and warranties of Seller and Buyer
contained in this Contract shall be tree and correct on the Closing Date in all material respects;
and
-9-
11.1.4 This Contract shall not have been terminated in accordance with
any of its terms.
12. Seller's Closing Documents. At Closing, Seller must deliver the following
documents ("Seller's Closing Documents") to Buyer:
12.1 Deed. The Deed, which must be duly executed and acknowledged by
Seller so as to convey to Buyer good and marketable fee simple title to the Land free and clear of
all liens, encumbrances and other conditions of title other than the Permitted Exceptions.
12.2 Bill of Sale. An absolute bill of sale with full warranty of title conveying
the Personal Property to Buyer free and clear of all liens, encumbrances and security interests.
12.3 General Assignmem. A General Assignment conveying the Permits to
Buyer free and clear of all liens, encumbrances and security interests.
12.4 Seller's No Lien, Gap and FIRPTA Affidavit. An affidavit from Seller
attesting that, to the best of Seller's knowledge, as follows: (a) no individual or entity has any
claim against the Land under the applicable conlxactor's lien law, (b) except for Seller, no
individual or entity is either in possession of the Land or has a possessory interest or claim in the
Land, and (c) no improvements to the Land have been made for which payment has not been
made within the immediately preceding ninety (90) days. The affidavit will include language
sufficient to enable the Title Company to'insure the "gap", i.e., delete as an exception to the Title
Commitment any matters appearing between the effective date of the Title Commitment and the
effective date of the Title Policy. The Affidavit will also include the certification of non-foreign
status required under Section 1445 of the Internal Revenue Code to avoid the withholding of
income tax by the Buyer.
12.5 Closing Statemem. A closing statement setting forth the Purchase Price
and all credits, adjustments and prorations between Buyer and Seller.
12.6 Form 1099. Such federal income tax reports respecting the sale of the
Land as are required by the Internal Revenue Code.
12.7 Trust Affidavit. An Affidavit and/or other documentation required by the
Title Company relative to the trust.
12.8 Disclosure Affidavit. Seller shall also deliver to Buyer at least ten (10)
days prior to Closing, an affidavit in recordable form as required by the provisions of Section
286.23, Florida Statutes.
- 10-
12.9 Unless otherwise noted, copies of Seller's closing documents shall be
delivered to Buyer's attorney for review not less than seven (7) days prior to the Closing Date.
13. Buyer's Closing Documents. At Closing, Buyer shall deliver the following
documents ("Buyer's Closing Documents") to Seller:
13.1 Authorizing Resolutions. Certificates of Buyer's municipal resolutions
evidencing authorizing the entering into and execution of this Contract and the comummation of
the transaction.
14. Closing Procedure. The Closing shall proceed in the following manner:
14.1 Delivery of Documents. Buyer will deliver Buyer's Closing Documents,
and Seller will deliver Seller's Closing Documents, to the Closing Agent. Buyer will deliver the
Purchase Price to the Closing Agent.
14.2 Disbursement of Funds and Documents. Once the Title Company has
"insured the gap," i.e., endorsed the Title Commitment to delete the exception for matters
appearing between the effective date of the Title Commitment and the effective date of the Title
Policy, and provided all other obligations to close have been fulfilled, Closing Agent will disburse
Buyer's Closing Documents and the Purchase Price to Seller and Seller's Closing Documents to
Buyer.
15. Prorations and Closing Costs.
15.1 Prorations. The following items will be prorated and adjusted between
Seller and Buyer as of the Closing Date, except as may be otherwise specified:
15.1.1 Taxes. Seller acknowledges and agrees that the Property is being
purchased by an exempt governmental entity and that Seller must comply with Section 196.295,
Florida Statutes regarding real estate taxes.
15.1.2 Pending and Certified Liens. Certified liens levied by any
Governmental Authority for which the work has been substantially completed and which are
currently due and payable in full will be paid by the Seller. Pending liens and certified liens that
are payable on an installment basis such as monthly, semi-annually, annually or bi-annually or for
which the work has not been substantially completed will be assumed by the Buyer.
15.1.3 Other Items. All other items required by any other provisions of
th/s Contract to be prorated or adjusted or, absent express reference thereto in this Contract, items
normally prorated in the county where the Land is located, will be prorated in accordance with the
standards prevailing in the county in which the Land is located.
-11-
15.2 Seller's Closing Costs. Seller shall pay for the following items prior to or
at the time of Closing:
Documentary stamps on the Deed (including any surtax)
Cost of recording any corrective inslnhments
Certified and pending governmental special assessment liens for which the
work has been substantially completed
15.3 Buyer's Closing Costs. Buyer shall pay for the following items prior to or
at the time of Closing:
Recording of Deed
Title Commitment
Title Policy
Survey
Pending special assessment liens for which the work
has not been substantially completed
16. Possession. Buyer shall be granted full possession of the Property at Closing
subject to the Leases.
17. Condemnation and Damage by Casualty.
17.1 Condemnation. In the event of the institution of any proceedings by any
Governmental Authority (other than the Buyer) which shall relate to the proposed taking of any
portion of the Property by eminent domain prior to Closing, or in the event of the taking of any
portion of the Property by eminent domain prior to Closing, Seller shall promptly notify Buyer
and Buyer shall thereafter have the right and option to terminate this Contract by giving Seller
written notice of Buyer's election to terminate within thirty (30) days after receipt by Buyer of the
notice from Seller. Seller hereby agrees to furnish Buyer with written notice of a proposed
condemnation within two (2) business days after Seller's receipt of such notification. Should
Buyer terminate this Contract, then, except as otherwise provided for herein, the parties hereto
shall be released from their respective obligations and liabilities hereunder. Should Buyer elect
not to terminate, the parties hereto shall proceed to Closing and Seller shall assign all of its right,
title and interest in all awards in connection with such taking to Buyer.
17.2 Damage by Casualty. If, after the Effective Date but prior to the Closing
Date, any damage occurs from fire, windstorm or other casualty to the Property, Seller shall
promptly provide notice to Buyer thereof.
- 12-
17.2.1 Damage Not in Excess of $200~000.00. If the cost to repair such
loss or damage does not exceed Two Hundred Thousand Dollars ($200,000.00), then in such
even the Closing shall be consummated as provided for herein and Seller shall cause said damage
to be repaired and the Property to be restored to the condition in which it existed immediately
prior to such damage. Seller shall effect such repair and restoration before the Closing Date, and
if such damage cannot be repaired by the Closing Date, then at the Buyer's option (a) the Closing
Date shall be postponed until such repairs have been completed, or (6) the reasonable cost of such
repairs, as estimated by the Buyer, shall be withheld from the Purchase Price and paid over to the
Seller upon completion of the repairs and delivery to the Buyer of satisfactory evidence that all
mechanics, labors and materialmen providing services or materials in connection therewith have
been paid in full and the Seller's obligation to complete such repairs promptly shall survive the
Closing hereunder.
17.2.2 Damage in Excess of $200,000.00. If the cost to repair such
damage or destruction exceeds $200,000.00, then within thirty (30) days after written notice
from Seller that such costs exceed $200,000.00, Buyer shall have the option by written notice to
Seller, to terminate this Contract and except as otherwise provided for herein, neither Buyer nor
Seller shall have any further rights or obligations hereunder. Unless Buyer timely notifies Seller
of its election to terminate this Contract, Buyer shall be required to close this transaction in
accordance with the Contract and Seller shall assign unto Buyer any and all insurance proceeds.
In such event, Seller shall have no additional obligation if such insurance proceeds are insufficient
or unavailable to repair such damage.
18. Default.
18.1 Buyer's Default. In the event that this transaction falls to close due to a
refusal or default on the part of Buyer, the sole right of the Seller shall be to recover, and the sole
liability of the Buyer shall be to pay to Seller the Deposit as agreed upon liquidated damages and
thereafter, except as otherwise specifically set forth in this Contract, neither Buyer nor Seller shall
have any further obligation under this Contract. Buyer and Seller acknowledge that if Buyer
defaults, Seller will suffer damages in an amount which cannot be ascertained with reasonable
certainty on the Effective Date and the amount of the liquidated damages to be paid to Seller most
closely approximates the amount necessary to compensate Seller in the event of such default.
Buyer and Seller agree that this is a bona fide liquidated damages provision and not a penalty or
forfeiture provision. The Seller shall not be entitled to any other remedy against Buyer.
18.2 Seller's Default. In the event that this transaction fails to close due to a
refusal or default on the part of Seller, Buyer shall have the option to terminate the Contract in
which event Seller shall reimburse Buyer for Buyer's Costs, and thereafter neither Buyer nor
Seller shall have any further obligation hereunder, or, in the alternative, Buyer shall have the right
to seek specific performance or damages against Seller.
- 13-
19. Real Estate Commission. Seller represents and warrants to Buyer and Buyer
represents and warrants to Seller that there are no brokers, salespersons or fmders involved in this
transaction. Seller and Buyer (to the extent permitted by law) agree to indemnify and hold each
other harmless from any and all claims for any brokerage fees or similar commissions asserted
by brokers, salespersons or finders claiming by, through or under the indemnifying party. The
provisions of this Section shall expressly survive the Closing or termination of this Contract.
20. Notices. Any notice, request, demand, instruction or other communication to be
given to either party hereunder, except where required to be delivered at the Closing, shall be in
writing and shall be hand-delivered or sent by Federal Express or a comparable overnight mail
service, or mailed by U.S. registered or certified mail, return receipt requested, postage prepaid,
to Buyer, Seller, Buyer's Attorney, and Seller's Attorney, at their respective addresses set forth in
Section 1 of this Contract. Notice shall be deemed to have been given upon receipt or refusal of
delivery of said notice. Notices may be given by telecopy provided a hard copy of such notice is
mailed in accordance with this Section on the next business day following such telecopy delivery.
The addressees and addresses for the purpose of this paragraph may be changed by giving notice.
Unless and until such written notice is received, the last addressee and address stated herein shall
be deemed to continue in effect for all purposes hereunder.
21. Assignment. This Contract may only be assigned by Buyer with Seller's prior
written consent such consent not to be unreasonably withheld or delayed. Upon any permitted
assignment Buyer shall be relieved of all obligation hereunder provided that Buyer's assignee shall
be obligated to close under this Contract in the same manner as Buyer. In the event of permitted
assignment of this Contract by Buyer, a duly executed Assignment of this Contract shall be
delivered to Seller on or before the Closing Date.
22. Miscellaneous.
22.1 Counterparts. This Contract may be executed in any number of counterparts,
any one and all of which shall constitute the contract of the parties and each of that shall be
deemed an original.
22.2 Section and Paragraph Hearings. The section and paragraph headings herein
contained are for the purposes of identification only and shall not be considered in construing this
Contract.
22.3 Amendment. No modification or amendment of tiffs Contract shall be of any
force or effect unless in writing executed by both Seller and Buyer.
22.4 Attorneys' Fees. If any party obtains a judgment against any other party by
reason of breach of this Contract, Attorneys' Fees and costs shall be included in such judgment.
- 14-
22.5 Confidentiality. Except as may be required by Chapter 119, Florida Statutes,
during the term of this Contract, neither Seller nor Buyer or their respective officers or employees
shall divulge or communicate any of 'the particular terms of this Contract or the existence of this
Contract or any matters related to this transaction to any third party (except for counsel). Buyer
may communicate with professional agents or consultant who are necessary for advising Buyer
regarding any inspections or due diligence items set forth in this Contract. Neither Seller nor
Buyer shall divulge any information to third parties without specific written consent of the other
party. After closing, Seller may disclose any information that is in the public records, and Buyer
may disclose any information that it desires to disclose.
22.6 Governing Law. This Contract shall be interpreted in accordance with the
internal laws of the State of Florida, both substantive and remedial.
22.7 Entire Contract. This Contract sets forth the entire agreement between Seller
and Buyer relating to the Property and all subject matter herein and supersedes all prior and
contemporaneous negotiations, understandings and agreements, written or oral, between the
parties.
22.8 Time is of the Essence. Time is of the essence in the performance of all
obligations by Buyer and Seller under this Contract.
22.9 Computation of Time. Any reference herein to time periods of less than six
(6) days shall exclude Saturdays, Sundays, and legal holidays in the computation thereof. Any
time period provided for in this Contract which ends on a Saturday, Sunday or legal holiday shall
extend to 5:00 p.m. on the next full business day.
22.10 Successors and Assigns. This Contract shall inure to the benefit of and be
binding upon the permitted successors and assigns of the parties hereto.
22.11 Acceptance Date. This Contract shall be null and void and of no further
force and effect unless a copy of same executed by Seller is delivered to Buyer by the close of
business on the Acceptance Date.
22.12 Construction of Contract. All of the parties to this Contract have
participated freely in the negotiation and preparation hereof; accordingly, this Contract shall not
be more strictly construed against any one of the parties hereto.
22.13 Gender. As used in this Contract, the masculine shall include the feminine
and neuter, the singular shall include the plural and the plural shall include the singular as the
context may require.
- 15-
23. Escrow Agent. Escrow Agent agrees to perform its duties as required in this
Contract. In the event Escrow Agent is in doubt as to its duties or liabilities under the provisions
of this Contract, Escrow Agent may, in its sole discretion, continue to hold the Deposit which has
been delivered to it until the parties mutually agree as to the disbursemem or distribution thereof
or until a judgment of a court of competent jurisdiction determines the rights of the parties
thereto; alternatively, Escrow Agent may deposit the Deposit then being held pursuant to the
terms of this Contract with the Clerk of the Circuit Court of Dade County, Florida, and upon
notifying all parties concerned of such action, Escrow Agent shall have no liability by reason of
its acting as escrow agent hereunder, except to the extent of accounting for any of the Deposit
previously delivered out of escrow. In the event of any suit between Seller and Buyer in which
Escrow Agent is made a party by virtue of its acting as an escrow agent hereunder, or in the event
of any suit in which Escrow Agent deposits the Deposit or any other funds being held pursuant to
the terms of this Agreement in any interpleader action, Escrow Agent shall be entitled to recover
its costs in connection with such suit, including reasonable attorneys' fees in all trial, appellate
and bankruptcy court proceedings, which shall be payable by the non-prevailing party. All parties
hereto agree that Escrow Agent shall not be liable to any party or person whomsoever for the
failure of any financial institution in which the Escrow Agent places all or a portion of the
Deposit, or for misdelivery to Seller or Buyer of the Deposit or other funds held pursuant to the
terms of this Contract, unless such misdelivery shall be due to willful breach of this Agreemem or
gross negligence on the part of the Escrow Agent. Nothing herein contained shall preclude
Escrow Agent from representing Buyer in connection with this sale-purchase transaction or any
dispute or litigation arising out of this Cotatract.
[THE REST OF THIS PAGE LEFT INTENTIONALLY BLANK]
- 16-
IN WITNESS WHEREOF, the parties have executed this Contract as of the dates
indicated below.
SELLER:
ALBERT J. SCHNEIDER, TRUSTEE
GLADYS M. SCHNEIDER, TRUSTEE
Dated: October ,1998
BUYER:
CITY OF AVENTURA,
a Florida municipal corporation
Attest:
Village Clerk
Approved as to legal form
and sufficiency:
By:.
Name: Eric M. Soroka
Title: City Manager
Dated: October ,1998
City Attorney
- 17-
SCHEDULE OF EXHIBITS
EX31IBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
Legal Description of the Land
Permitted Exceptions
Inventory of Personal Property
Schedule of Permits
328001 Contract for Purchase & Sale - Schneider - Redlined
- 18-
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Commission ~
Eric M. Soroka, C.~?l~na~er
Resolution Supportin!g-an Affordable, Efficient, and Standardized
System for Tracking and Reporting on Federal Grants
October 6, 1998 City Commission Meeting Agenda Item
RECOMMENDATION
As per the City Commission's direction at the September 28, 1998 Workshop Meeting,
please find the subject Resolution attached hereto for your consideration. Please see
the attached memorandum from Commissioner Rogers-Libert for further information.
EMS/aca
Attachment
CC0657-98
crrv OF AVENTURA
OFFICE OF THE CITY COMMISSION
MEMORANDUM
To:
From:
Date:
Subject:
Eric 5oroka
City Manager /~
Patricia Rogers-~j~r t
Commissioner
September 23/1~98
NLC CED Resolution: Federal Grant Tracking Requirements
At the NLC Community & Economic Development (CED) Committee meeting held
September 17~h - 19% staff provided a copy of a draft resolution, urging that Con-
gress and the Administration develop and make available to local governments af-
fordable, standardized software for tracking and reporting on Federal grant pro-
grams.
Currently, many federal programs have unique financial codes and reporting re-
quirement:s, which require that separate systems be established for each grant.
For instance, Federal reporting in order to be eligible for Federal transit subsidies
requires tracking of expenditures by discreet categories, passenger boardings,
miles of service, total vehicle miles, fuel consumption, passenger types, etc. One
contractor estimates that this adds approximately $2/hour per vehicle. This trans-
lates into $15,000 annually for Aventura's proposed weekday service.
NLC position: NLC staff requested that each municipality pass a resolution in sup-
port of an affordable, efficient, standardized system for tracking and reporting on
Federal grants. I am therefore requesting that a resolution be drafted For Commis-
sion action.
Please include this on the agenda for our workshop of September 28~. Thank you.
Attachment
c: Mayor & Commission
RESOLUTION NO. --
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA URGING THE FEDERAL
GOVERNMENT TO DEVELOP AN AFFORDABLE,
EFFICIENT AND STANDARDIZED SYSTEM FOR TRACKING
AND REPORTING OF FEDERAL GRANTS; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the United States government has an interest and obligation to support
local governments and their citizens; and
WHEREAS, the federal government demonstrates that commitment through the
allocation and distribution of financial assistance such as grants for transportation,
community development, housing and economic development; and
WHEREAS, each of these grant programs requires specialized monitoring,
bookkeeping, data management and reporting; and
WHEREAS, each local government is charged with complying with these
requirements with little or no assistance from the federal funding source; and
WHEREAS, local governments are diverse and demand some autonomy in
selecting data management systems; and
WHEREAS, cities and towns incur significant expense locating or designing
computer software able to comply with the federal requirements for each of the discreet
funding programs; and
WHEREAS, considerable financial and efficacy benefit could be achieved if standard
software were available for local government use.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Resolution No.
Page 2
Section 1. The City Commission of the City of Aventura urges the United States
Congress to work vigorously with local governments and all stakeholders to develop and
make available compatible, affordable and appropriate technology which will maximize
efficiency in cities and towns and provide reasonable accountability for the federal
govemment.
Section 2. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by Commissioner , who
moved its adoption. The motion was seconded by Commissioner , and upon
being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice Mayor Ken Cohen
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 6th day of October, 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 ~..-I
Extension of Moratorium Ordinance
Ist Reading October 6, 1998 City Commission Meeting Agenda Item (~
2nd Reading November 3, 1998 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance, which
extends the building moratorium within the Marina Area and the Hospital Area to
February 1, 1999.
BACKGROUND
The current Moratorium Ordinance expires on November 1, 1998. It appears that our
Comprehensive Plan will not be adopted November 1, 1998. It is likely it will be
adopted by the end of November or the beginning of December 1998. Therefore, the
Ordinance was amended to extend the time to February 1, 1999 to include the period of
time for review of the Land Development Regulations.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0647-98
ORDINANCE NO. 98 -__
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
EXTENDING THE DURATION OF THE EXISTING BUILDING
MORATORIUM ON ISSUANCE OF DEVELOPMENT
ORDERS AND DEVELOPMENT PERMITS WITHIN THE
MARINA AREA AND THE HOSPITAL AREA, AS
PREVIOUSLY IMPOSED PURSUANT TO ORDINANCE NO.
97-22, AND AS AMENDED PURSUANT TO ORDINANCE
NO. 98-08, OF THE CITY OF AVENTURA; BY AMENDING
SECTION 8 "TERM" OF ORDINANCE NO. 97-22, AS
AMENDED, TO PROVIDE FOR A FURTHER EXTENSION OF
THE TERM OF SUCH MORATORIUM, SO AS TO ENABLE
CITY'S COMPREHENSIVE PLAN TO BE COMPLETED AND
IMPLEMENTED; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 97-22 of the City of Aventura, as adopted on
September 16, 1997, the City Commission provided for a moratorium upon the issuance of
development orders and development permits concerning development within the Marina
Area and Hospital Area within the City, as described therein, so as to enable the
formulation and implementation of the City of Aventura Comprehensive Plan (the "City
Plan"); and
WHEREAS, Ordinance No. 97-22 provided for such moratorium to be effective for
an initial period of 180 days from adoption thereof, and authorized such moratorium to be
reasonably extended; and
WHEREAS, said initial term was extended until November 1, 1998, pursuant to
Ordinance No. 98-08 enacted by the City Commission on March 17, 1998; and
WHEREAS, the City Commission finds that work is being expeditiously pursued on
the City Plan, but that it is necessary to further reasonably extend the moratorium, for an
additional period as provided herein, so that the City Plan is able to be completed and
implemented.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That Section 8 "Term," of Ordinance No. 97-22, as amended by
Ordinance No. 98-08, is hereby further amended to read as follows:~
Section 8. Term.
The moratorium imposed by this Ordinance is temporary
and shall be effective until ~ February
1, 1999, unless dissolved earlier by the City
Commission. Further, the moratorium shall
automatically dissolve upon the adoption of the City
Plan, the formulation and adoption of which shall be
expeditiously pursued.
.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.
Section 3. 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
; Underline indicates addition to existing text; ~.~ccut indicates deletions.
vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Commissioner Jeffrey M. Perlow
Vice-Mayor Ken Cohen
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 Jay R. Beskin
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Commissioner Jeffrey M Perlow
Vice-Mayor Ken Cohen
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this __ day of
,1998
PASSED AND ADOPTED on second reading this __ day of
,1998.
Al-rEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATrORNEY
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Commission ~//~
Eric M. Soroka, C~l~tn~r
August 17, 1998 ~ ~
Quasi-Judicial Matters
Ist Reading September 1, 1998 City Commission Meeting Agenda Item
2nd Reading October 6, 1998 City Commission Meeting Agenda Item lC
Attached hereto, as requested by the City Commission, is an Ordinance requiring the
City Commission to avoid publicly expressing their intention to vote for or against a
pending quasi-judicial matter.
EMS/aca
Attachment
CC0620-98
ORDINANCE NO. 98-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
(THE "CITY"), AMENDING THE CITY CODE BY
AMENDING CHAPTER 34 "PLANNING AND ZONING",
BY AMENDING ARTICLE II "QUASI JUDICIAL
MATTERS", BY CREATING SECTION 34-33 "PUBLIC
STATEMENTS BY COMMISSIONERS" TO REQUIRE THE
MAYOR AND COMMISSIONERS TO AVOID WORKING
TO INFLUENCE PUBLIC OPIINION UPON A QUASI
JUDICIAL MATTER OR PUBLICLY EXPRESSING THEIR
INTENTION TO VOTE FOR OR AGAINST A QUASI
JUDICIAL MATTER PRIOR TO HEARING; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
CODE; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Commission desires to adopt additional procedural
restrictions and safeguards concerning quasi judicial proceedings in planning and
zoning matters; and
WHEREAS, the City Commission finds that the adoption of this Ordinance will
further protect the quasi judicial hearing process.
NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That the City Code of the City of Aventura is hereby amended by
amending Chapter 34 "Planning and Zoning", at Article II "Quasi Judicial Matters", by
creating Section 34-33 "Public Statements by Commissioners" to read as follows:
Section 34-33. Public Statements by Commissioners.
(a) The Mayor and Commissioners shall each avoid
publicly expressing their intention, either directly or
indirectly, to vote for or against a pending quasi
Ordinance No. 98-__
Page 2
judicial matter or working to influence public opinion
upon a pending quasi judicial matter, prior to hearing
held pursuant to City Code Section 34-32. A quasi
judicial matter is pending when an application has
been filed pursuant to City Code Section 34-32.
(b) The failure to comply with the restriction provided in
paragraph (a) of this section shall not invalidate any
action or decision of the City Commission so long as
the decision or action of the City Commission is
supported by competent substantial evidence of
record as required by law.
(c) Any members of the City Commission violating the
standard of conduct set forth above shall be subject to
~ public censure by the City Commission~
subiect to rules adopted by the City Commission
providing the accused Commissioner with a fair
hearing, including an opportunity to be heard. The
Commission reserves the right, by subsequent
ordinance to prospectively implement other sanctions,
in the event that the sanction provided for above is
Ordinance No. 98-
Page 3
not effective in implementing the purposes of this
Ordinance.
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.
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
Code of the City of Aventura; that the sections of this Ordinance may be re-numbered or
re-lettered 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 Commissioner Beskin, who moved its
adoption on first reading. The motion was seconded by Commissioner Rogers-Libert,
and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice-Mayor Ken Cohen
Mayor Arthur I. Snyder
yes
yes
yes
yes
yes
no
yes
3
Ordinance No. 98-__
Page 4
The foregoing Ordinance was offered by Commissioner , who moved its
adoption on second reading. The motion was seconded by Commissioner , and
upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Vice-Mayor Ken Cohen
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 1~t day of September, 1998.
PASSED AND ADOPTED on second reading this __ day of ,1998.
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
4
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Commission i ~M~__~
Eric M. Soroka, C r
October 1, 1998
Chamber of Commerce PRIDE Program
As per the City Commission's direction, I have met with the Aventura Chamber of
Commerce relating to the implementation of the proposed PRIDE Program. As you
may recall, the Aventura Walk of PRIDE consists of selling inscribed paver bricks at
Aventura Founders Park to the public. The proceeds of the program would be utilized
to offset the costs of the Program and fund improvements throughout the City. Based
on several meetings with the Chamber, and if the City Commission wishes to implement
the program, I would recommend that it be guided by the following outline:
The City of Aventura will be responsible for all aspects of administering
the program, including collecting and disbursing all funds as follows:
· Allocate and donate all paver blocks at Aventura Founders Park;
· Process all orders for paver blocks, including installation and
inscription;
· Inclusion of marketing information in the City's newsletter and
preparation of marketing brochure;
The City of Aventura will promote, market and advertise the PRIDE
Program as a partnership and jointly sponsored program of the Chamber
and the City.
The Aventura Chamber of Commeme will only be responsible for assisting
in the marketing of the program as follows:
· Providing for the sale of the bricks at public events approved by the
City;
· Utilizing the marketing and promotional materials prepared by the City;
· A representative from the Chamber and the City Manager shall make
recommendations to the City Commission for projects to be funded
from the Program's proceeds;
I have placed this matter on the Agenda to obtain further direction.
if you have any questions, please feel free to contact me.
EMS/aca
cco656-98
BILZIN ,.~UNBEEG DUNN PRICE & AXELROD LLP
Oc~berS, 1998
RECEIVED
B Y F,4X
Ms. Brenda Kelley
Director of Community Development
City of Aventura
2999 N.E. 191 Street, 5th Fir.
Concourse Center 2
Aventura, FL 33180
OCT 0 5 1~}~}8
C0MMUffilY I~LOPMEffi'
Re:
Request of Mark Gordon to Permit Erection of a Privacy WalI and Gate
Variance Request 06-VAR-98
Dear Ms. Kelley:
As a matter of courtesy to thc City Commission, please be advised that my client, Mr. Mark
Gordon, at the meeting with several of his neighbors, has decided that it would be in the be~t interest
of his neighbor~ to withdraw his variance request. Accordingly, on Tuesday, October 6, 1998, the
undersigned will be present to withdraw Dr. Gordon's request and a now submittal t~ permit a six
foot fence will be submitted to the City for processing,
We sincerely fl]ank you for your cooperation in this matter.
Very truly yours,
Stanley B.
cc: Mark Gordon
{~:XDMZ~720Z$*~09192~,0209260,01
I0/5/98
MIAMI DALLY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dads County, Florida.
STATE OF FLORIDA
COUNTY OF BADE:
Before the undersigned authority personally appeared
Sookie Williams, who on oath says that she Is the Vice
President of Legal Advertising of the Miami Dally Business
Review flk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Dede
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA
NOTICE OF PUBLIC HEARING
OCTOBER 6~ 1998
APPLICANT NAME: MARK GORDON
Inthe .......... ~ ...................... COU",
s peper ,. ,h. ,.u. o,
Affiant further says that the said Miami Dally Business
Review is a newspaper published at Miami In said Dede
County, Florida, and that the said newspaper has heretofore
been continuously publlahed In said Dede County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mall matter at the poet
office In Miami in said Dada County, Florida, for a period of
one year next preceding the first publication of the attached
copy advertisement; and affiant further says that she has
nel id nor promised any person, firm or coq)oration
an unt, rebate, commission or refund for the purpose
of g this vertleement for publication in the said
S m t and bseribedbefore me
24 ~eh~e r ~
...... day of ........................ , A.D. 19 ......
CITY OF AVENTURA
NQ'rlCE OF PUBLIC HEARI IG
Date and Time of Public Hearing: Tuesday, October 6. lggl
6;00 e.m
Applicant Name Mark Gordon
Applicant Request: The app,cant s requesting a vanan~ to
erect a privacy wall an~ gate which I' ght
exceeds that allowed by Code at a )la-
family home located at 19951 NE 3~ ace!
within the develoement known as Port~ its
Application Number; 05-VAR-98
Location of Subject Property: 19951 NE 39 Place
Legal DeacYiption: Lot 1 Block T~
1 of the plat "Aventura T ;~rteenth Addition according
to tile plat thereof as reooreea m PI~ Book 146 at Page 53 of the
Public Records of Dads County, FIo~i~ls
Size of Subject Property: Approximately .38 acres
Plans are on file and may De examined during regular business h~urs in the City of Aventura,
Community Development Depaltment. 2999 NE t9t Street, S~lite ~00, Aventura, Florida,
33180, Plans may be modified at or before the Public Heanng. IThe aooiication may change
during the hearing process.
/
The Public Hearing will be held at Aventura Medical A;t~lBuil~ing, 21110 Biscayne
Boulevard, Suite '101, Aventura, Florida, 33180. Your comrn~rJts m~y be made in person at
the hearing or filed in writing prior to the hearing date. I~fer t~ applicant/properly on
correspondence and mail same to City of Aventura, Communib~ Dav~elopment Department,
2999 NE 191 Street. Suite 500, Aventura, Florida, 33180. F(~ further i~formation, please
call (305) 466-8940~
In accordance with the Americans with Disabilities Act of 1990,
and who need special accommodations to part c pate in this
disability should contact the Office of the City Clerk, 466-8901
days prior to such proceedings.
If a person decides to appeal any decision made by the City
matter considered at a meeting or hearing, that person will
and, for such purpose, may need to ensure that a verbatim n
which record includes the testimony and evidence upon
Teresa M.
9/24
~ are disabled
because of that
later than two business
w~th respect to any
a recorcl of the proceedings
of t~e proceedings is made,
appeal is to be based.
MC, City Clerk
CITY OF AVENTURA
NOTICE OF PUBLIC HEARII
MIAMI DALLY BUSINESS REVIEW
Published Dally except Saturday, Sunday and
Legal Holidays
Miami, Dada 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 fflda Miami Review, a dally (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
NOTICE OF PUBLIC HEARING
OCTOBER 6, 1998
APPLICANT NAME: UNITED
STOR-ALL CENTERS, INC.
mthe .......... ~ ..................... Court,
w~bll~ ~n ~pep~ In the issues of
Date and Time of Public Heanng: Tuesday October §. 1998
6:00 orn
Applicant Name i,)~Jted Star-All Centers Inc
Applicant Request
The applicant s requesting Site Pian
misceflaneoua approvals to construct a 5-stc
at the intersection of Jack Smith Bouleva~
Gardens Drive. /he requests am as follov~
S~te Plan approval for Self-servica storage facilities in a BU-2
requ~ren pursuant to Section 33-247(38) of the Miarni-Dade Counl
2 Vanance from Cha~ter 33 of the Miami-Dada County Code al
(F.A.R.). (Provision of a 1.66 F.A.R. ~s I~roposesl;
Variance from Chester 33 of the Miarni-Dade County Code requidnc.
teast five (5) feet in height e~ected on the business lot of the corn
residential property. (Provision of a chainlink fence is proposed on
4 Soecral Exceotion from Chapter 33 of the Dada County Code requ
subject to public hearing approva~ in a SU-2 Special Business Distr
5 Variance from Sign Ordinance No. 97-17 permlttln.C wau s~gns
majority of the floor area is in retail use (Provision of two (2) wal
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami In said Dads
County, Flodda, and that the said newspaper has heretofore
been continuously published in said Dads County, Florida,
each day (except Saturday, Sunday end Legal Holidays) and
has been entered as second claes mail matter at the post
office in Miami in said Dads County, Florida, for a period of
copy of advertisement: and affiant further says that she has
Application Numbere: 01-sP-gS, 10-VAR-98 03-SE-9~. 1%
Location O~bject Property the soumeest corner of umr~
extension aha Jack Smith Sou
Legal Description: Tract 'C' of Biscayne CornmerciaL accor
recoroeo n Plat Book 143 at Page 3~ of t
Dada County, Florida.
nelt r paid nor promised any person, firm or corporation
of urlng this advertisement for publication in the said Community Development Department, 2999 NE 191 Street. Suite 5l
ne paper. Plans may be modified at or before the Pubhc Hearing. The applic
............... The Public Heanng will be held at Aventura Medical Arm ~uildthg,
Suite 10t, Aventura, Florida, 33180 Your comments may be made i~
2 4 W~eptem~er ~ ~n wnting prior to the hearing date Refer to apphcantJproperty o~ carl
City Of Aventura, Community Development Department, 2899
...... day of ......................... A.D. 19 ......Aventura, Florida, 33180 For further {nfon'natlon, please call (305) 41
....... in accordance with the Arnencans with Disabilities Act of 1990 all [
who need special accornmoctations Io participate in th~s proceeding b~
contact the Office of the City Clerk, 466.8901, not later than two
proceedings.
If a person decides to appeal any dec~sion made by the City Commis=
considered at a meeting or heanng, that person Wd[ need a record cf
includes the testimony and evidence upon which the appeal is to be
G
7 self-service storage facility
and the extension of Miarm
~pecia, Busines~ District as
~-ode:
ring a 0.84 floor area ratio
a decorative masons/wall at
non property line aojacent to
~e rear property line);
ring that residential uses are
)ely on buildings whero me
signs is proposed for a non-
~V-97
roves Miami.Gardens Drive
ling ~o the plat thereof, as
~e Public Records of Miami-
~rs ,n the City of Aventura,
O, Aventura, Florida, 33180
~bon may change during the
21110 Biscayne Boulevard,
~erson at the hearing or flied
.~spondence and mail same to
NE t9t Street, Suite 500,
~6-8940.
arsons who are disabled and
cause of that disability should
business days prior to such.
ion with respect to any malter
the proceedings and, for such
~ciings is made, which record
sad.
Teresa Smith, CMC, City Clerk
9/24 98-3-09241 ~7M
MIAMI DALLY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
LegaJ Holidays
Miami, Bade County, Florida.
STATE OF FLORIDA
COUNTY OF BADE:
Before the undersigned authority personally appeared
Sookle Williams, who on oath says that she Is the Vice
President of Legal Advartlstng 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, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA
PUBLIC NOTICE OF PROPOSED ORDINANCE
ORDINANCE AMENDING CHAPTER
34, ETC.
XXXXX
In the ......................................... Court,
w uhli in s paper in the Issues of
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami In said Dede
County, Flodde, and that the said newspaper has heretofore
been continuously published In said DSSe County, Flmlda,
each day (except Saturday, Sunday and Legal Hetldays) and
has been entered as second class mall matter at the post
office I in said Dada County, Florida, for a period of
one receding the first publication of the attached
cop sement; and affiant further says that she has
nst or promised any person, firm or corporation
any , rebate, co isslon or refund for the purpose
~~~Ofns r. this advertl ant, for publlcetl n in· the said
S into nds bscdbed before me i
/ 18 ~ep~e~ger
...... day of ........................ , A.D. 19 ......
~ ~ I J/ -'-7~'// .... ,
.... C_. ~./,.,.,~. ,6~'..~... ,~,,,-~ ,~A,y ~ ~ /
-/' I r~~';'' ' ~'~<-/ CHERYL "MA"MER I
(SEAL) /~O,'P,~,i~ o cm~ N~E. I
cc. 3- I
/ ~ ~W~7 <~ ~ co.~ss~ EX.~S
/ ,~o~,?,,o' APR. 12,2000I
CITY OF AVENTURA
PUBLIC NOTICE
OF PROPOSED ORDINANCE
NOTICE IS HEREBY GIVEN that on Tuesday, the 6th day of
October, 1998, at a meeting of the City Comn~ission of the City of
Aventura. to be held at 7:00 p.m. in the CommisSion Medting Room at
the Biscayne Medical Arts Building, 21110 Biscayne Boulevard. Suite
101. Aventura. Florida. the City Commission will consider the adoption
of the following Ordinance on second reading, entitled:
AN ORDINANCE OF THE CITY OF AVENTURA. FLORIDA
(THE 'CITY'), AMENDING THE CITY CODE BY AMENDING
CHAPTER 34 'PLANNING AND ZONING'. BY AMENDING
ARTICLE II 'QUASI JUDICIAL MAI-i'ERS", BY CREATING
SECTION 34-33 'PUBLIC STATEMENTS BY COMMIS-
SIOKNERS" TO REQUIRE THE MAYOR'AND COMMIS-
SIONERS TO AVOID WORKING TO INFLUENCE PUBLIC
OPINION UPON A QUASI JUDICIAL MATTER OR PUB-
LICLY EXPRESSING THEIR INTENTION T(~ VOTE FOR OR
AGAINST A QUASI JUDICIAL MATTER PI~IOR TO HEAR-
ING; PROVIDING FOR SEVERAB|LITY;PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR EPFECTIVE DATE.
The proposed Ordinance may be inspected byI the public at the Of-
rice of the City Clerk. 2999 N.E. 191st Street. ~uite 500. Aventura.
Florida. Interested parties may appear at the Ppbiic Headng and be
heard with respect to the proposed Ordinance. ~ny pe[s.o...n wish!ng !o
address the City Commission on any item at this Pubhc heanng ~s
asked to register w th the City C elk pdor to that item being heard.
In accordance with the Americans with Disebilitise Act of 1~90, all
persons who are disabled and who need specie~l accommodahons to
pa,?pete in this proceeding because of that disability should contact
the ~)ffice of the City Clerk. 306-466-8901, not la, er than two business
days prior to such proceediegs.
If a person decides t0 ~lppeal any decisio~ made by the City
Commission with respect-'toV'any' matter consid ~r~l at a meeting or
hearing, that person will ne~l a raserd of this
such purpose, may need to ensure that a v~
proceedings is made, whiCh record include~
evidence upon whiCh the appeal is to be based.
Dated September 18, 1998.
Teresa M. I
9/18
proceedings and, for
rbetim record of the
the testimony a,d
~ith CMC, CityClerk
98-3-091894M
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
Sookie Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Daily Business
Review flk/a Miami Review, a dally (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice In the matter of
CITY OF AVENTURA
PUBLIC NOTICE OF PROPOSED
ORDINANCES
MEETING 10/6/98
XXXXX
in the ......................................... Court,
W~pUbll s~in s ~sl paper in the Issues of
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Dade
County, Florida, and that the said newspaper has heretofore
been continuously publlsbed in said Dade County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mall matter at the post
office in Miami In said Dado County, Flodda, for a pedod of
one year next preceding the flret publication of the attached
copy of advertisement; and affiant further says that she has
neither paid nor promised any person, firm or co~pomtion
any dis nt, rebate, commission or refund for the purpose
of sec g this adv isement for publication In the said
S mtoand s bacrlbed before me I
11 '~epfiem~Jer ~ g
...... day of ........................ , A.D. 19 ......
(SEAL) [ ~1¥ oO OFI~ICIAL NOTARY SEAL
SookleWIIllams personally kn~'~_ me.' ~.. CHERYL H MARMER
,.
! t, ooo
CITY OF AVENTURA
PUBLIC NOTICE OF
adoption of the following Ordinance on second reading, entitled:
AN O.R, DIN,A. NCE OF THE CITY O~: AVENTURA FLORIDA
(THE CITY ). ArMENDING THE CI'I~Y CO?.E BY AMENDING
CHAPTER .3~41PLANNING AND ZONING :. BY AMENDING
ARTICLE II QUASI JUDICIAL MATTERS, BY CREATING
SECTION 34-33 'PUBLIC STATEMENTS BY COMMIS-
SIONERS' TO REQUIRE THE MAYOR AND COMMIS-
SIONERS TO AVOID PUBLICLY EXPRESSING THEIR
INTENTION TO VOTE FOR Ol~l AGAINST A QUASI
JUDICIAL MATTER PRIOR TO HEARING: PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE:
PROVIDING FOR EFFECTIVE DATE.
The proposed Ordinance may be ~nspected by the public at the Of-
fice of the City Clerk, 2999 N.E. 191s1~ Street. Suite 500, Aventura,
Florida. Interested parties may appear ~at the Public Hearing and be
heard with respect to the prodosa~ Ordibanca. Any person wishing to
address the City Commi%sion on any iten3 at this Public nearing is
.~a_sk~ed~j~st~r with ]the City Clerk prior to thflt item bei~g_~he~ard. ~:
In accoraance with the Americans with Disabilities Act of 1990. all
Demons WhO are disabled and who need soeciel accommodations TO
participate in this proceeding because of that disability should contact
the Office of the City Clerk, 305-466-8g01. not ~ater than two business
Dated Seotembet 11, 1998.
Teresa M. Sm[th, CMC, City Clerk
9/11 98-4-091113M
PUBLISHED DAILY
MIAMI-DADE-FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
~he Miami Herald PublishingCompany
Before the undersigned authority personally
appeared:
JANEY ANDERSON
who on oath says that he/she is"
CUSTODIAN OFRECORDS
of The Miami Herald, a daily newspaper published at
Miami in Dade County, Florida; that the attached
copy of advertisement was published in said
newspaper in the issues of:
Wednesday September 23,1998 Pg. 5b
Affiant further says that the said The Miami Herald
is a newspaper published at Miami, in the said Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Dare
County, Florida each day and has been entered as
second class mail matter at the post office in Miami,
in said Dade County, Florida, for a period of one
year next preceding the fa'st publication of the
attached copy of advertisement; and affiant further
says that he has neither paid nor promised any
person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing
this advertisement for publication in the said
newspapers(s).
Dl~f~O F October
Virginia J.
Not f/
693 (2,0'3)
CITY OF AVENTURA
NOTICE OF EXTENSION OF
DURATION
OF BUILDING MORATORIUM IN THE
HOSPITAL AND MARINA AREAS
The City of Aventura proposes to adopt the following Ordinance:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
EXTENDING THE DURATION OF THE EXISTING BUILDING
MORATORIUM ON ISSUANCE OF DEVELOPMENT ORDERS
AND DEVELOPMENT PERMiTS WITHIN THE MARINA AREA
AND THE HOSPITAL AREA, AS PREVIOUSLY IMPOSED
PURSUANT TO ORDINANCE NO. 97-22, AND AS AMENDED
PURSUANT TO ORDINANCE NO. 98-08 OF THE CiTY OF
AVENTURA; BY AMENDING SECTION 8 'q'ERM" OF
ORDINANCE NO. 97-22 AS AMENDED, TO PROVIDE FOR A
FURTHER EXTENSION OF THE TERM OF SUCH
MORATORIUM, SO AS TO ENABLE CITY'S COMPREHENSIVE
PLAN TO BE COMPLETED AND IMPLEMENTED; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
A Public Headng for first reading of the Ordnance w be held
Tuesday, October 6, 1998, at 6 p.m. at the Aventura Medical
Center, located at 21110 Biscayne Boulevard, Suite 101,
Aventura Rorida. The proposed Ordinance may be inspected by,
the Public at the Office of the City Clerk, 2999 N.E. 191 st Street
Suite 500, Aventura, Flodda. Interested parties may appear at
the Public Hearing and be heard with respect to the proposed
Ordinance. Any person w sh ng to address the City Commlss on '-:
on any item at this Public Hearing is asked to register with the
City Clerk prior to that item being heard
In accordance with the ~medcens with Disabilities Act of 1990,
all person 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,
8901 ct lat two b day pti
466- , n er than usiness s or to such
proceedings. ,
If a person decides to appeal any decision made bythe City
Commission with respect to any matter considered at a meeting
or headng, that person will need a record of the proceedings and,
for such purpose, may need to ensure that a verbatim record of !
the proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based.
Dated this 23rd day of September, 1998
Teresa M. Smith, CMC
City Clerk