08-03-1999 CC Meeting AgendaCi(r CommlsMon
Artho~ I. Snydc~, Mayor
Arthur Berger
]'ay R. Besldn
Ken Cohen
Harry Holzb~rg
Jeffrey M. Pc~low
Patricia Rogers-Lil~rt
City Manager
Eric M. Soroka
City Clerk
Teresa M. Soroka, CMC/AAE
City Attorn~r
Weiss Scrota Helfman
Pastofiza & Guedes
AGENDA
August 3,1999- 6 PM
Biscayne Medical Arts Building
21110 Biscayne Boulevard Suite 101
Aventura, Florida 33180
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 Commission, you may be subject to cross-examination. If you refuse to submit
to cross-examination, the CoranUssion 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 APPROVAL OF A RELEASE OF
MIAMI-DADE COUNTY RESOLUTION NO. 2696; GRANTING
APPROVAL OF A RELEASE OF MIAMI-DADE COUNTY RESOLUTION
NO. 4-ZAB-471-79; GRANTING APPROVAL OF A VARIANCE FROM
SECTION 704.3.5(d) OF THE CITY' S LAND DEVELOPMEWI
REGULATIONS TO ALLOW A FRONT YARD SETBACK OF NINETEEN
(19) FEET WHERE TWENTY-FIVE (25) FEET IS REQUIRED FOR
PROPERTY LOCATED AT 17700 BISCAYNE BOULEVARD; PROVIDING
AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING APPROVAL OF VARIANCE FROM
SECTION 801.2 OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO ALLOW 112 OFF-STREET PARKING SPACES
WHERE 130 OFF-STREET PARKING SPACES ARE REQUIRED;
GRANTING APPROVAL OF VARIANCE FROM SECTION 704.6.1 OF
THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A
PLOT AREA OF 1.22 ACRES WHERE 1.5 ACRES IS REQUIRED;
GRANTING CONDITIONAL USE APPROVAL TO ALLOW TWO (2)
DRIVE-THROUGH TELLER LANES AT A BANK ON THE GROUND
FLOOR OF A PROPOSED OFFICE BUILDING; GRANTING APPROVAL
OF THE ABANDONMENT OF APPROXIMATELY 2,1:}4 SQUARE FEET
OF PUBLIC ALLEYWAY PLATTED IN BLOCK 8 OF THE
HALLANDALE PARK NO. 8 SUBDIVISION; FOR PROPERTY
LOCATED BETWEEN NE 206 STREET AND NE 207 STREET ON THE
EAST SIDE OF EAST DIXIE HIGHWAY; PROVIDING AN EFFECTIVE
DATE.
4. APPROVAL OF MINUTES:
Commission Meeting July 6, 1999
Commission Meeting July 13, 1999
Commission Budget Review July 20, 1999
Commission Workshop July 20, 1999
5. AGENDA: Request for Deletions/Emergency Additions
6. SPECIAL PRESENTATIONS: None.
7. CONSENTAGENDA:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLOR1DA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION
AGREEMENT BETWEEN BONAVIDA CONDOMINIUM ASSOCIATION
AND THE CITY OF AVENTURA; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
(Authorizes City Manager to execute agreement for traffic enforcement at the
Bonavida Condominium Association)
A RESOLUTION OF THE CITY COMMSSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN
Do
COLLECTIVELY BARGAINED CONTRACT ATTACHED HERETO BY
AND BETWEEN THE CITY OF AVENTURA AND THE DADE COUNTY
POLICE BENEVOLENT ASSOCIATION, WHICH CONTRACT SHALL
BE EFFECTIVE UPON SIGNATURE BY THE CITY MANAGER AND
THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
(Authorizes City Manager to execute Collective Bargaining Agreement with Dade
County Police Benevolent Association for current fiscal year)
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $46,700
FOR FURNITURE EQUIPMENT, TACTICAL EQUIPMENT AND DRUG
AND CRIME PREVENTION PROGRAMS FROM THE POLICE
FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S
MEMORANDUM.
(Authorizes appropriation of police forfeiture funds to purchase fi~rniture and
equipment, tactical equipment and provide for drug and crime prevention
programs)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING THE AVENTURA GOVERNMENT
CENTER FINAL PLAT SECTION 3, TOWNSHIP 52, RANGE 42 CITY OF
AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR
RECORDATION; PROVIDING AN EFFECTIVE DATE.
(Approves final plat for Government Center property)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING THE AVENTURA LAKES PHASE
I (REPLAT) FINAL PLAT SECTION 34, TOWNSHIP 51, RANGE 42 CITY
OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR
RECORDATION; PROVIDING AN EFFECTIVE DATE.
(Approves final plat for Aventura Lakes Phase I)
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
RELATING TO AD VALOREM TAXATION; PROVIDING FOR AN
ADDITIONAL HOMESTEAD EXEMPTION FOR CERTAIN
QUALIFYING SENIOR CITIZENS TO BE APPLIED TO MILLAGE
RATES LEVIED BY THE CITY, PROVIDING REQUIREMENT OF
ANNUAL APPLICATION AND SUBMISSION OF SUPPORTING
DOCUMENTATION; PROVIDING FOR WAIVER OF EXEMPTION;
PROVIDING FOR AN ANNUAL INCREASE IN THE INCOME
LIMITATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR EFFECTIVE DATE.
(Provides an additional $25,000 homestead exemption for Floridians over 65 years
of age with an annual income of less than $20,000)
8. PUBLIC HEARING: ORDINANCES -FlRST READING: None
9. PUBLIC HEARINGS: ORDINANCES - SECOND READING: None
10. RESOLUTIONS:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE,
SUBJECT TO ANNUAL REVISION AND AUTHORIZATION, THE CITY
OF AVENTURA CAPITAL IMPROVEMENT PROGRAM DOCUMENT
FOR FISCAL YEAR 1999/00 TO 2003/04; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE TRANSFER OF THE
CABLEVISION COMMUNICATIONS CABLE TELEVISION
FRANCHISE FROM INTERLINK COMMUNICATIONS PARTNERS,
LLLP ("ICP") TO CHARTER COMMUNICATIONS OPERATING, LLC
("CHARTER) AND PROVIDING AN EFFECTIVE DATE.
11. OTHER BUSINESS:
DISCUSSION AND POSSIBLE MOTION TO DIRECT THE CITY
MANAGER TO PREPARE AN AMENDMENT TO LAND
DEVELOPMENT REGULATIONS SECTION 1205.4.2 REGARDING
NONCONFORMING USE PROVISIONS APPLICABLE TO
COMMERCIAL PROPERTIES IN THE REDEVELOPMENT AREAS.
(Commissioner Holzberg)
12. REPORTS
13. PUBLIC COMMENTS
14. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS:
Commission Workshop Meeting
Commission Meeting
Commission 1a Public Budget Hearing
Commission 2"a Public Budget Heating
August 16, 1999 9 a.m.*
September 7, 1999 6 p.m.**
September 9, 1999 6 p.m.**
September 23, 1999 6 p.m**
*Government Center 2999 NE 191 ~ Street Suite 500
**Biscayne Medical Ails Building 21110 Biscayne Blvd. Suite 101
This meeting is opaa to the public. In accordance with the Ameaicans with Disabilities Act of 1990, all persons who are disabled and who need special
acconm~odations to patlicSpate in this meeting because of that disability should oontact the Office of the City Clerk. 305-466-8901, not latex than ~vo
days prior to such proceeding,
Anyone wistfing to appeal any dec/sim made by the Avexrmra City c°mtmssion with respect to any matter considered at such meeting or hearing will
need a record of the proceedings and, for such propose, may need to erasure that a verbatim record of the proceedings is made, which record includes
the testhnony and evidence upon which the appeal is to be based.
Agenda items may be viewed at the Office of the City Clexk. City of Avaatura Government Center, 2999 NE 191~ Street, Suite 500, Aventura,
Florida, 33180. Anyone wishingto obtain a copy of any agenda item should contact the City Clexk at 305466-8901.
TO:
FROM:
BY:
DATE:
SUBJECT:
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
City Commission i ,M~~r
Eric M. Soroka, C
Brenda Kelley, Comm~velopment Direct~
July 16, 1999
Request of Drew Wolf for: (1) Release of Miami-Dade County
Resolution 2696; (2) Release of Miami-Dade County Resolution 4-
ZAB-471-79; and (3) Variance from Section 704.3.5 (d) of the City's
Land Development Regulations to allow a front yard setback of
nineteen (19) feet where twenty-five (25) feet is required.(07-VAR-
99)
August 3, 1999 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission:
1. Approve the request for release of Miami-Dade County Resolution 2696.
Approve the request for release of Miami-Dade County Resolution 4-ZAB-
471-79.
Approve the request for a reduced front yard setback subject to the
conditions outlined herein.
THE REQUEST
The applicant, Drew Wolf, is requesting:
A release of Miami-Dade County Resolution 2696 approved
December 4, 1947, which limited the use of the site to certain
specified land uses and required a restrictive covenant to be
entered in the public record.
A release of Miami-Dade County Resolution 4-ZAB-471-79
approved December 10, 1979, which added "office building" to the
specified uses for this site.
A variance from Section 704.3.5 (d) of the City's Land Development
Regulations to allow a front yard setback of nineteen (19) feet
where twenty-five (25) feet is required for development of a retail
building on this site. (See Exhibit #1 for Letter of Intent)
BACKGROUND
OWNER OF PROPERTY
Drew A. Wolf and Gretchen Wolf
LOCATION OFPROPERTY
17700 Biscayne Boulevard (see Exhibit
#2 for Location Map)
SIZE OF PROPERTY
Approximately 0.27 acres
LEGAL DESCRIPTION
Lots 15 and 16 less the north 25 feet
thereof less and except the east 33.75
feet from the above described lots of
Maule Federal Highway Industrial Sites
at Plat Book 46, at Page 55, of the
Public Records of Miami-Dade County,
Florida
Existing Zoning -
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
B2, Community Business District
B2, Community Business District
B2, Community Business District
B2, Community Business District
U, Utilities District
Existing Land Use -
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Vacant
FDOT Retention Area (vacant)
Vacant
Multi Family High Density Residential
FEC Railroad
Future Land Use - According to the City of Aventura Comprehensive Plan, the
following properties are currently designated as follows:
Subject property: Business and Office
Property to the North: Business and Office
Property to the South: Business and Office
2
Property to the East:
Property to the West:
Business and Office
Business and Office
The Site - The subject site is located at 17700 Biscayne Boulevard. The site
is roughly rectangular in shape, approximately 67 feet deep by 175 feet wide
(see Exhibit # 2 for location map).
The Project - Drew Wolf is planning to construct a 3,508 square foot, one-story
retail building on this site.
Citizen Comments- The Community Development Department has not
received any written or verbal citizen comments.
Consistency with City of Aventura Comprehensive Plan - The request is not
inconsistent with the City's Comprehensive Plan.
ANALYSIS
Community Development Department Analysis -
Request #1: Release of Resolution 2696
In December of 1947, the Board of County Commissioners, Miami-Dade County,
approved Resolution 2696 which provided that uses on this property be limited to
the following:
Cold storage warehouses
Storage warehouses
Fruit Packing warehouses
Furniture Manufacturing
Metal working shops
Auto Top & Body works
Automobile Painting Shops
Electro-plating shops
Lumber yards
Cabinet making shops
Tinsmith shops
Mattress Factory
Tire Vulcanizing Plants
Coal yards
Bakery shops
Roofing shops
Machine shops
Ice plants
Novelty shops
Textile shops
This resolution required that the specified uses be included as a covenant in the
deed and entered in the public record. The covenant was entered on December
8, 1947 in Book 2949, Page 371 of the Public Records of Miami-Dade County,
Florida, and expires on December 31, 1999.
Request #2: Release of Miami-Dade County Resolution 4-ZAB-471-79
The 1947 resolution was modified by Resolution 4-ZAB-471-79 approved in
December of 1979 to add "office building" in the list of restricted uses.
3
Because Resolutions 2696 and 4-ZAB-471-79 were approved through
a public hearing process, such approvals shall be released by public
hearing prior to subsequent approvals associated with the
development of the property for retail building use.
Request #3: Variance from Section 704.3.5 (d) of the Land Development
Regulations
The applicant is requesting a reduced front yard setback for a retail building. The
B2 zoning district provides that the front yard be a minimum of 25 feet, whereas
the applicant has submitted a plan showing a 19'6" setback. The proposal
complies with all other site development standards of the B2 zoning district and
also the parking requirements of the Regulations.
Criteria
The criteria for approval of Variances as required by Section 506.5 of the City's
Land Development Regulations requires:
A variance shall be granted only where competent and substantial
evidence presented in the particular case shows that afl of the following
are met:
The particular physical surroundings, shape, topographical condition
or other physical or environmental condition of the specific property
involved would result in a particular hardship upon the owner, as
distinguished from a mere inconvenience, if the regulations were
carded out literally.
Comment: The two lots on which the building is proposed are 67 feet
deep and a total of 175 feet wide. The building has been configured in
the only envelope available. The easterly 33.75 feet of the original depth
of the lots were taken for road right of way, along with the north 25 feet of
the northerly lot. Although the applicant owns the two lots abutting to the
south, both these lots are designated as environmentally sensitive and
cannot be built upon.
The conditions upon which the request for a variance is based are
unique to the parcel and would not be generally applicable to other
property within the vicinity.
Comment: The conditions upon which the request for variance is based
are unique due to the narrow width of the lots and the adjacent mangrove
wetlands.
4
The alleged difficulty or hardship is not economic and has not been
deliberately caused to establish a use or structure which is not
otherwise consistent with the LDR.
Comment: The hardship is not economic in nature; rather, it is due to the
location and available building envelope for these lots. Furthermore, the
applicant was previously developing the site using the Miami-Dade County
standards but filed the application after the City's zoning in progress date.
(d) The proposed variance will not substantially increase the congestion
in the public streets or increase the danger of fire or endanger the
public safety or substantially diminish or impair property values within
the vicinity.
Comment: The proposal will not substantially increase traffic congestion or
increase the danger of fire or endanger public safety or diminish or impair
property values in the vicinity.
RECOMMENDATION
It is recommended that the City Commission:
1. Approve the request for release of Miami-Dade County Resolution 2696.
2. Approve the request for release of Miami-Dade County Resolution 4-ZAB-
471-79.
3. Approve the request for a reduced front yard setback subject to the following
conditions:
a) Plans shall substantially comply with those submitted as follows:
· Site Plan, Drawing SP-1, prepared by Arc-Tech Associates
Incorporated, dated June 15, 1999.
b)
The applicant shall obtain a building permit within 12 months of the
date of the Resolution or the approval granted shall be deemed null
and void unless extended by a motion of the City Commission.
5
June 22,1999
To Whom It May Concern,
It is the intent of this application to construct a 3,508
square foot building on this site.
Notwithstanding the fact we have incurred hardships due to the
lot size,the limited depth of the said lot do to the D.O.T.
taking and do to changing of the setback requirements during our
planning process by the city.
Our development for site plan approval was prepared in January
of 1999 for submission but because the City at the timerequested
additional information that apparently was not a prerequsite for
site plan approval our final plan was not ready for submission
until early May.
We have created a site that will complement the beauty and
ambiance of the city and offers retail space that's accesss
is not through a larger shopping mall or large strip shopping
center.We have spared no eMpense in designing this building so
it's theme is consistent with the high standards the City is
attempting to implement within it's confines.In light of the
difficulty of the site and the hardships I discussed we feel
our reguest for a set back variance is very well founded.
We respectfully submit this application and hope your recom-
mendation of will be made in the same positive manner that this
reguest is being submitted.
Very truly yours,
Drew Wolf ~
EXHIBIT I
Subject Property
LEGEND
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA GRANTING APPROVAL OF A
RELEASE OF MIAMI-DADE COUNTY RESOLUTION NO.
2696; GRANTING APPROVAL OF A RELEASE OF MIAMI-
DADE COUNTY RESOLUTION NO. 4-ZAB-471-79;
GRANTING APPROVAL OF A VARIANCE FROM SECTION
704.3.5(d) OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO ALLOW A FRONT YARD SETBACK OF
NINETEEN (19) FEET WHERE TWENTY-FIVE (26) FEET IS
REQUIRED FOR PROPERTY LOCATED AT 17700
BISCAYNE BOULEVARD; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the property described herein is zoned B2, Community Business
District; and
WHEREAS, the applicant Drew Wolf, through Application No. 07-VAR-99 is
requesting the following:
1. A release of Miami-Dade County Resolution No. 2696 approved December 4, 1947,
which limited the use of the site to certain specified land uses and required a
restrictive covenant to be entered in the public record; and
2. A release of Miami-Dade County Resolution No. 4-ZAB-471-79 approved December
10, 1979, which added "office building" to the specified uses for this site; and
3. A variance from Section 704.3.5(d) of the City's Land Development Regulations to
allow a front yard setback of nineteen (19) feet where twenty-five (25) feet is
required for the development of a retail building on the subject property; and
Resolution No.
Page 2
and
WHEREAS, the City Commission has held a public hearing as provided by la~
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application for a release of Miami-Dade County Resolution No.
2696 approved December 4, 1947, which limited the use of the site to certain specified
land uses and required a restrictive covenant to be entered in the public record is
hereby approved.
Section 2. Application for a release of Miami-Dade County Resolution No. 4-
ZAB-471-79 approved December 10, 1979, which added "office building" to the
specified uses for this site is hereby approved.
Section 3. Application No. 07-VAR-99, requesting a variance from Section
704.3.5(d) of the City's Land Development Regulations to allow a front yard setback of
nineteen (19) feet where twenty-five (25) feet is required on property legally described
as:
LOTS 15 AND 16 LESS THE NORTH 25.00 FEET THEREOF LESS
AND EXCEPT THE EAST 33.75 FEET FROM THE ABOVE
DESCRIBED LOTS OF "MAULE FEDERAL HIGHWAY INDUSTRIAL
SITES", AT PLAT BOOK 46, AT PAGE 55 OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY, FLORIDA
Resolution No.
Page 3
NK/A
17700 BISCAYNE BOULEVARD
AVENTURA, FLORIDA
is hereby approved subject to the following conditions:
1. Plans shall substantially comply with those submitted as follows:
· Site Plan, Drawing SP~I, prepared by Arc-Tech Associates Incorporated, dated
June 15, 1999.
2. The applicant shall obtain a building permit within twelve (12) months of the date of
the Resolution or the approval granted shall be deemed null and void unless
extended by a motion of the City Commission.
Section 4. 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 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by , who moved
its adoption. 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 Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
Resolution No.
Page 4
PASSED AND ADOPTED this 3rd day of August, 1999.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SOROKA, CMC/AAE
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this __
day of ,1999.
CITY CLERK
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
City Commission
July 20, 1999
evelopment DJrecl(~
SUBJECT:
Requests of Kenneth Marlin for: (1) Variance from Section 801.2 of the
City's Land Development Regulations to allow 112 parking spaces where
130 parking spaces are required; (2) Variance from Section 704.6.1 of the
City's Land Development Regulations to allow a plot area of 1.22 acres
where 1.5 acres are required; (3) Conditional Use Approval to allow drive-
through bank teller lanes in the MO (Medical Office) zoning district; and
(4) The abandonment of approximately 2,134 square feet of public
alleyway. (04-VAR-99, 01-CU-99 and 02-AR-99).
August 3, 1999, City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission take the following actions with conditions
as outlined herein:
1. Approve the request to allow a variance to permit 112 off-street parking spaces
where 130 off-street parking spaces are required.
2. Approve the request to allow a variance to permit a plot area of 1.22 acres where a
minimum of 1.5 acres is required.
Approve the request for Conditional Use approval to allow a bank on the ground
floor of the proposed office building to have two drive-through teller lanes, where
banks in the MO, Medical Office District are allowed drive-through facilities only after
public hearing approval.
4. Approve the request to abandon approximately 2,134 square feet of public alleyway
to facilitate construction of a proposed four-story office building.
THE REQUESTS
The applicant, Kenneth Marlin, is requesting the following (See Exhibit #1 for le~er of
intent):
1. A Variance from Section 801.2 of the City's Land Development Regulations to allow
112 off-street parking spaces where 130 off-street parking spaces are required.
2. A Variance from Section 704.6.1 of the City's Land Development Regulations to
allow a plot area of 1.22 acres where a minimum of 1.5 acres is required.
Conditional Use approval to allow two (2) drive-through teller lanes at a bank on the
ground floor of a proposed building. The City's Land Development Regulations allow
drive-through teller lanes at banks in the MO, Medical Office District only after
Conditional Use approval.
4. Abandonment of approximately 2,134 square feet of public alleyway platted in Block
8 of the Hallandale Park No. 8 Subdivision.
BACKGROUND
OWNER OF PROPERTY
Milton Greenberg and Cecelia Greenberg;
Bernard Weitzer and Mary Weitzer
NAME OF APPLICANT
Kenneth Marlin
ADDRESS OF PROPERTY
Between NE 206 Street and NE 207 Street
east of East Dixie Highway.
SIZE OF PROPERTY
1.22 Acres
LEGAL DESCRIPTION
Lots 12 through 30, Block 8 of HALLANDALE
PARK NO. 8 according to the plat thereof, as
recorded in Book 20, Page 49 of the public
records of Miami-Dade County, Florida.
Zoning
Subject Property:
Properties to the North:
MO Medical Office District
MO Medical Office District
2
Properties to the South:
Properties to the East:
Properties to the West:
MO Medical Office District
MO Medical Office District
U Utilities District
Existing Land Use -
Subject property:
Properties to the North:
Properties to the South:
Properties to the East:
Properties to the West:
Mostly vacant, with two single family detached
residential units.
Residential and office
Vacant (FDOT water retention area)
Retail use
FEC Railroad
Future Land Use-According to the City of Aventura Comprehensive
following properties are currently designated as follows:
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Business and Office
Business and Office
Business and Office
Business and Office
Business and Office
Plan, the
The Site - The site is located between NE 206 Street and NE 207 Street east of East
Dixie Highway. (See Exhibit #2 for Location Map).
The Project - The applicant proposes to build a four-story office building with 37,698
square feet of gross area. A 2,592 square foot bank with two drive-through teller lanes
will be located on the ground floor along with a 1,700 square feet of office space. The
second floor will contain parking and the third and fourth floors will contain professional
and medical office space.
The expected cost of construction for the development is $3.5 million. The anticipated
increase to the City's tax roll is $7,015.00.
ANALYSIS
Consistency with Comprehensive Master Plan - The requests are not inconsistent
with the City of Aventura Comprehensive Plan.
Citizen Comments - The Community Development Department has received written
citizen comments which are attached as Exhibit #3.
Community Development Department Analysis - The applicant proposes to develop
a four story office building with 37,698 square feet of space (2,592 square feet of bank
and 35,105 square feet of office space). The development generally conforms to the
Hospital District concept outlined in the City's Comprehensive Plan. Its design, size and
proposed use are consistent with the type of development the City is seeking in this
3
area. The use of a part of the ground floor for a bank is in keeping with the Hospital
District's purpose of permitting retail and service functions that are accessory to, and
support, medical and professional offices.
Request #1: A variance to permit 112 off-street parkin.q spaces where 130 off-
street parking spaces are required.
An important component of the Hospital District plan is the improvement of
transportation circulation and encouragement of alternative transportation within the
District. The proximity to Aventura Hospital and other medical offices in the area will
reduce the building's parking demand as compared to a building of equal size in other
locations in the City. For this reason, the applicant's request to allow 18 parking spaces
less than is required by code should not create a nuisance. In addition, the applicant
has agreed to provide sidewalks, secure bicycle and motorcycle parking and to install
seven on-street parking spaces along NE 206 Street and six on-street parking spaces
along NE 207 Street adjacent to the site, along with associated curbing, street lighting
and drainage improvements. These spaces will not be reserved for the use of the new
building, but will be available to the users of adjacent properties. This will help alleviate
existing parking and drainage problems, particularly along NE 207 Street, which is in
the process of changing from residential to office land uses.
Request #2: A variance to permit a plot area of 1.22 acres where a minimum of
1.5 acres is required.
The application of site standards would create a hardship upon the owner, which is not
economic in nature. The physical location of this property, together with existing
adjacent development, precludes the owner from increasing the plot area. Residential
and office buildings lie to the north, an FDOT water retention area to the south, a retail
building to the east and the FEC railroad to the west. Furthermore, platted, dedicated
and existing right-of-ways surround the site on three (3) sides except to the east, which
is an existing retail strip center.
Request #3: Conditional Use Approval to allow a bank on the ground floor of the
proposed office building to contain two drive-through teller lanes, where banks in
the MO, Medical Office district are allowed drive-through facilities only after
public hearinR approval.
The proposed drive-through teller lanes are located under the building and behind
landscaping, effectively screening them from outside the site, and are located to
prevent interference with pedestrian access to the building. Vehicular access to the site
from Biscayne Boulevard is via NE 207 Street, an existing intersection. Thus, no
additional curb cut access to Biscayne Boulevard is required, preserving traffic capacity
on this major arterial road.
4
Request #4: Abandonment of approximately 2,134 square feet of public alleyway
previously dedicated in the plat of Hallandale Park No. 8 Subdivision.
The land under the proposed office building was originally platted into a number of
small residential lots, all with a six foot alley in the rear. The alleys in this block have
never been used, and abandonment is necessary to create a unified parcel for the
proposed four-story office building. The applicant has volunteered to contribute an
estimated market cost of $4.47 per square foot ($9,539.00) to the City for this land to
offset the impacts of the vacation. These funds will be credited towards the installation
of the off-street parking spaces and associated curbing, sidewalk, lighting, landscaping
and drainage improvements in the public right-of-way.
Criteria
The guidelines for approval of variances as required by Section 506.5 of the City's Land
Development Regulation states:
506.5 Standards of review. A variance shall be granted only where competent and
substantial evidence presented in the particular case shows that all of the
following are met:
506.5.1
The particular physical surroundings, shape, topographical condition, or
other physical or environmental condition of the specific property
involved would result in a particular hardship upon the owner, as
distinguished from a mere convenience, if the regulations were carried
out literally.
506.5.2
The conditions upon which the request for a variance is based are
unique to the parcel and would not be generally applicable to other
property within the vicinity.
506.5.3 The alleged difficulty or hardship is not economic and has been
deliberately created to establish a use or structure which is not
otherwise consistent with the LDR.
506.5.4 The granting of the variance will not be detrimental to the public welfare
or injurious to other property or improvements in the vicinity.
506.5.5 The proposed variance will not substantially increase the congestion in
the public streets, or increase the danger of fire, or endanger the public
safety, or substantially diminish or impair property values within the
vicinity.
The hardship at this location is caused by a number of factors unique to the site and to
the role this development serves as the first large development application made under
5
the City's Hospital District redevelopment plan. The City has required the applicant to
meet increased standards of design, landscaping and access while building on a site
originally created in the 1920's for single family homes. Existing buildings on adjacent
property preclude the owner from increasing the plot area. Also, the City has requested
that the applicant assist in alleviating existing parking and drainage problems caused by
the proximity of an older residential neighborhood on the north side of the site to newer
medical offices built in the last two decades. As a result, the applicant has incorporated
on-street parking into the site plan that will benefit others. This will result in improved
traffic flow, better street drainage, a more attractive streetscape, and safer pedestrian
and bicycle access in the area around the new project.
RECOMMENDATION
It is recommended that the City Commission take the following actions with conditions
as outlined herein:
1. Approve the request to allow a variance to permit 112 off-street parking spaces
where 130 off-street parking spaces are required.
2. Approve the request to allow a variance to permit a plot area of 1.22 acres where a
minimum of 1.5 acres is required.
Approve the request for Conditional Use approval to allow a bank on the ground
floor of the proposed office building to have two drive-through teller lanes, where
banks in the MO, Medical Office District are allowed drive-through facilities only after
public hearing approval.
4. Approve the request to abandon approximately 2,134 square feet of public alleyway
to facilitate construction of a proposed four-story office building.
CONDITIONS
1. Plans shall substantially comply with those submitted as follows:
"Aventura Professional Office Building: Site Plan", Sheet SP-1/AP-1 prepared by
Joseph B. Kaller and Associates, revised dated 7/27/99, signed and sealed
7/27/99.
"Aventura Professional Office Building: Site Details", Sheet SP-2 prepared by
Joseph B. Kaller and Associates, revised dated 6/11/99, signed and sealed
7/22/99.
"Aventura Professional Office Building: Second Floor Plan", Sheet AP-2
prepared by Joseph B. Kaller and Associates, revised dated 6/11/99, signed and
sealed 7/22/99.
6
"Aventura Professional Office Building: Typical 3rd and 4th Floor Plan", Sheet AP-
3 prepared by Joseph B. Kaller and Associates, revised dated 6/11/99, signed
and sealed 7/22/99.
"Aventura Professional Office Building: Roof Plan", Sheet AP-4 prepared by
Joseph B. Kaller and Associates, revised dated 6/11/99, signed and sealed
7/22/99.
"Aventura Professional Office Building: Elevations", Sheet AP-5 prepared by
Joseph B. Kaller and Associates, revised dated 6/11/99, signed and sealed
7/22/99.
"Aventura Professional Office Building: Elevations", Sheet AP-6 prepared by
Joseph B. Kaller and Associates, revised dated 6/11/99, signed and sealed
7/22/99.
· "Aventura Professional Office Building: Landscape Site Plan", Sheet L-1
prepared by Joseph B. Kaller and Associates, revised dated 7/20/99.
Permits shall be obtained within twelve (12) months of the date of the Resolution or
the approvals granted shall be deemed null and void unless extended by a motion of
the City Commission.
The applicant shall contribute $9,539.00 to the City of Aventura to offset the
transportation impacts of vacating 2,134 square feet of alleyway conveyed in the
plat of Hallandale Park No. 8 Subdivision prior to the issuance of building permits.
These funds shall be offset against the expenses applicant incurs in the installation
of the right-of-way improvements specified in Condition 4 below.
4. The applicant shall install the following improvements:
· Seven on-street parallel parking spaces along NE 206 Street and six on-street
parallel parking spaces along NE 207 Street.
· Curbing, gutter pan, stormwater drainage inlets and stormwater mains along NE
206 Street and NE 207 Street adjacent to the site.
· Street lighting along NE 206 Street, NE 207 Street and East Dixie Highway
adjacent to the site.
· Six (6) swale street trees planted at 30-foot centers along East Dixie Highway
adjacent to the site.
The applicant shall prepare an engineering plan detailing the installation of these
improvements in a form acceptable to the City Manager and City Engineer prior to
the issuance of building permits.
The applicant shall post a surety bond or other similar instrument acceptable to the
City Manager in the amount of $66,000 prior to the issuance of building permits,
said bond to be returned to the applicant after the completion of the parking,
curbing, lighting and drainage improvements within the public right-of-way specified
in Condition 4.
The applicant shall provide a Unity of Title, in a form to be approved by the City
Attorney and City Manager, or replat the site, prior to issuance of a building permit
for the development.
If the City Manager finds probable cause to believe that a disturbance has been
created by the granting of the parking variance, then the property owner will be
required to install a minimum of five (5) on-street parking spaces in the right-of-way
of East Dixie Highway, adjacent to the property, in a manner to be approved by the
City Manager and the City Engineer, at the owner's expense.
The applicant shall record this Resolution in the Public Records of Miami-Dade
County, prior to the issuance of a building permit. All expenses shall be borne by
the applicant.
· KE~rH R. GAUOiO50
~"TACI H, GENE'/'
EOUARDO I, RA....eCO
ALAN S, ROSENTHA[.
~RRY E. ROSENTHA'~
luiy 20, 1999
City cffAventura
Planning and Zoniug
2999 lq. E. 191st Street
Suite $00
Aventura, Florida '33180
Marlin Office Building
Revised Letter~ o£ Intent
Ladies and Gentlemen:
The Applicant has entered into a Contract for the purchase of a parcel of land lying immediately
east of East Dixie Highway between lq, l~.'206th and N. E. 207th S~'eet, in the City of Aventura.
The subject property is immedi~.~ly l~.olGh Of a ~i~qll~r parcel of land owned by the State of
Florida, which will be utilized for landscaping 'and Water rctainage. The site is well suited for
d6velopment as an office building, and is the use proposed by the Applicant. The Applicant is a
developer of shopping centers and office buildings in Miami-Dade County, Florida.
The ~st level of thc proposed building contains a banking facility containing approximately
2,592 square feet, together with al~proximately 1,700 square feet of office space, with the
remainder of the first level housing'the lobby, elevators, restrooms and meclmuical facilities. At
ground level within the confines of the building there are provided two drive-through lanas for
bank tr',fffie depositors, with aeeeas thereto directly ~rom the building parking lot. Each lane
contains six (6) stacking spaces which exceeds the City's requirement of five (5). The second
level of the building will be reserved for parking; and the third and fourth levels will be r~sc~,'ed
foroffiee use, as hereinafter more fully developed.
Tl~e City of Aventura has recently revised its Land Development Regulations (LDRs) so as to
provide that any use in the MO district would require one parking space for each 300 square feet.
It is respectfully submitted that the Applicant previously estimated that approximately
square feet of the building will actually be medled office use, with the remainder of
approx/mately 19,500 square feet being utilized for business and professional offices. Util!~ing
that criteria in lieu of the City's eriteria under its new. LDRs the total required spaces would have
EXHIBIT #1
City of Aventura 2 July 20, 1999
been 121 spaces, with 112 spaces having been provided, a difference of 9 spaces. Under the new
LDRs 130 spaces are required with 112 spaces provided, a difference of 18 spaces.
With respect to the requested parking variance it is resp~cffnlly submitted, however, that the 12
spaces provided for thc drive-through should be corlsidered as additional parking in that
obviously those cars utilizing the stacking spaces Would be otherwise utiliTing the spaces in the
parking lot were the stacking spaces no{ provided. It is further respectfully submitted that the
Site Plan. reflects the Applicant proposes to develop 7 parallel parking spaces along N. E. 206~
gtreet, -which dead-ends at rise southeast comer of the Applicant's property, together with 6
parallel parking spaces ~long N. E. 207m Street. Both streets are adjacent to Applicant's property
and will be lanclseaped in conjunction with its development. If we consider the 12 oil-site
stacking spaces and the 13 propo§ed spaces to be developed on 206* and 207e Streets the
Applicant wouM exceed the parking required under the new LDRs.
Thc new LDRs which were adopted by this Board only a few days ago provides that the
n~nlmum 10t size for a building in an MO district is 1.5 acres. The subject site is 1.22 acres and
accordingly requires a variance for development. It is respectfully submitted that the site is
unique in that it is surrounded by existing development to the east, lq. E. 207e Street to the north,
East Dixie Highway to the west and N. B. 206e Street to the south. Accordingly, it is
impossible to increase the size of this parcel of land creating a non-~elf-imposed hardship. It is
therefore respectfully submitted that in th~ .event this Board fails to grant this variance this parcel
is in fact undevelopable under the current LDP, s of the C{ty of Aventura and would leave the
owners with a parcel of land having absolutely no value. I believe that it was the intention of this
Commission to encourage quality development, not to prevent or stifle it. This project is
cer~inly in keeping with this Commission's intentions and accordingly this non-self-imposed
hardship and the variance resulting therefrom should be granted.
It is acknowledged that there are mlnim~I variances required with respect to this development,
however, it is respectfully submitted that in considering the project as a whole this Plan is one
that should be unanimously accepted and approved by the City Council.
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Stephanie Wolowitz
20701 E. Dixie Highway
Aventura, Fi 33180
City of Aventura
2999 N.E. 191 Street
Aventura, Fi
Rejection of Applicant Kenneth Marlin's request
of a Variance
I have lived in the quiet residential area known to
Aventura as East Dixie Highway for the past 20 years. All that
will be changed if you allow Kenneth Marlin to build his bank,
111-130 parking spaces and drive thru teller. East Dixie Highway
is a 2 lane road, 1 lane in each direction. The traffic from
the bank and drive thru can not be accomadated on this road.
Pollution and trash from the cars will not be a welcome in
our small quiet neighborhood, and from the residents who take
pride in their homes. We do not consider our neighborhood a
bliqht or slum on Aventura since we were here way before
Aventura was a word.
EXHIBIT 3
RECEIVED
OFFIC~ u~- ~-HE
CITY MANAGER
RESOLUTION NO.
A RESOLUTION OF THE CiTY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA GRANTING APPROVAL OF
VARIANCE FROM SECTION 801.2 OF THE CITY'S LAND
DEVELOPMENT REGULATIONS TO ALLOW 112 OFF-
STREET PARKING SPACES WHERE 130 OFF-STREET
PARKING SPACES ARE REQUIRED; GRANTING APPROVAL
OF VARIANCE FROM SECTION 704.6.1 OF THE CITY'S
LAND DEVELOPMENT REGULATIONS TO ALLOW A PLOT
AREA OF 1.22 ACRES WHERE 1.5 ACRES IS REQUIRED;
GRANTING CONDITIONAL USE APPROVAL TO ALLOW
TWO (2) DRIVE-THROUGH TELLER LANES AT A BANK ON
THE GROUND FLOOR OF A PROPOSED OFFICE BUILDING;
GRANTING APPROVAL OF THE ABANDONMENT OF
APPROXIMATELY 2,134 SQUARE FEET OF PUBLIC
ALLEYWAY PLATTED IN BLOCK 8 OF THE HALLANDALE
PARK NO. 8 SUBDIVISION; FOR PROPERTY LOCATED
BETWEEN NE 206 STREET AND NE 207 STREET ON THE
EAST SIDE OF EAST DIXIE HIGHWAY; PROVIDING AN
EFFECTIVE DATE.
and
WHEREAS, the property described herein is zoned MO, Medical Office District;
WHEREAS, the applicant, Kenneth Marlin, through Applications No. 04-VAR-99,
01-CU-99 and 02-AR-99, is requesting the following:
1. A variance from Section 801.2 of the City's Land Development Regulations to allow
112 off-street parking spaces where 130 off-street parking spaces are required.
2. A variance from Section 704.6.1 of the City's Land Development Regulations to
allow a plot area of 1.22 acres where 1.5 acres is required.
Resolution No.
Page 2
3. Conditional Use Approval to allow two (2) drive-through teller lanes at a bank on the
ground floor of a proposed building. The City's Land Development Regulations
allow drive-through teller lanes at banks in the MO, Medical Office District only after
Conditional Use approval.
4~ Abandonment of approximately 2,134 square feet of public alleyway platted in Block
8 of the Hallandale Park No. 8 Subdivision; and
WHEREAS, the City Commission has held a public hearing as provided by law;
and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances, to the extent the Application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section I. Application No. 04-VAR-99, requesting variance from Section 801.2
of the City's Land Development Regulations to allow 112 off-street parking spaces
where 130 off-street parking spaces are required on property legally described as:
Lots 12 through 30, Block 8 of HALLANDALE PARK NO. 8
according to the plat thereof, as recorded in Book 20, Page 49 of
the public records of Miami-Dade County, Florida.
A/K/A
Between NE 206 Street and NE 207 Street on the east side of East
Dixie Highway
Aventura, Florida
Resolution No.
Page 3
is hereby approved.
Section 2. Application for a variance from Section 704.6.1 of the City's Land
Development Regulations to allow a plot area of 1.22 acres where 1.5 acres is required
is hereby approved.
Section 3. Application No. 01-CU-99, requesting Conditional Use approval to
allow two (2) drive-through teller lanes at a bank on the ground floor of a proposed
building is hereby approved.
Section 4. Application No. 02-AR-99, requesting abandonment of
approximately 2,134 square feet of public alleyway platted in Block 8 of the Hallandale
Park No. 8 Subdivision is hereby approved, all approvals subject to conditions as
follows:
1. Plans shall substantially comply with those submitted as follows:
· "Aventura Professional Office Building: Site Plan", Sheet SP-1/AP-1, prepared
by Joseph B. Kaller and Associates, revised dated 7/27/99, signed and sealed
7/27/99;
· "Aventura Professional Office Building: Site Details", Sheet SP-2, prepared by
Joseph B. Kaller and Associates, revised dated 6/11199, signed and sealed
7/22199;
· "Aventura Professional Office Building: Second Floor Plan", Sheet AP-2
prepared by Joseph B. Kaller and Associates, revised dated 6/11/99, signed and
sealed 7/22/99;
"Aventura Professional Office Building: Typical 34 and 4th Floor Plan", Sheet AP-
3, prepared by Joseph B. Kaller and Associates, revised dated 6/11/99, signed
and sealed 7/22/99;
· "Aventura Professional Office Building: Roof Plan", Sheet AP-4, prepared by
Joseph B. Kaller and Associates, revised dated 6/11/99, signed and sealed
7~22~99;
· "Aventura Professional Office Building: Elevations", Sheet AP-5, prepared by
Joseph B. Kaller and Associates, revised dated 6/11/99, signed and sealed
7~22/99;
Resolution No.
Page 4
· "Aventura Professional Office Building: Elevations", Sheet AP-6, prepared by
Joseph B. Kaller and Associates, revised dated 6/11/99, signed and sealed
7/22/99;
· "Aventura Professional Office Building: Landscape Site Plan", Sheet L-l,
prepared by Joseph B. Kaller and Associates, revised dated 7/20/99.
2. The applicant shall obtain building permits within twelve (12) months of the date of
the Resolution or the approvals granted shall be deemed null and void unless
extended by a motion of the City Commission
3. The applicant has agreed to contribute $9,539.00 to the City of Aventura to offset
the transportation impacts of vacating 2,134 square feet of alleyway conveyed in the
plat of Hallandale Park No. 8 Subdivision prior to the issuance of building permits.
These funds shall be offset against the expenses applicant incurs in the installation
of the right-of-way improvements specified in Condition 4 below.
4. Applicant shall install the following improvements:
· Seven (7) on-street parallel parking spaces along NE 206 Street and six (6) on-
street parallel parking spaces along NE 207 Street.
· Curbing, gutter pan, stormwater drainage inlets and stormwater mains along NE
206 Street and NE 207 Street adjacent to the site.
,, Street lighting along NE 206 Street, NE 207 Street and East Dixie Highway
adjacent to the site.
· Six (6) swale street trees planted at 30-foot centers along East Dixie Highway
adjacent to the site.
Resolution No.
Page 5
Applicant shall prepare an engineering plan detailing the installation of these
improvements in a form acceptable to the City Manager and City Engineer prior to
the issuance of building permits.
5. Applicant shall post a surety bond or other similar instrument acceptable to the City
Manager in the amount of $66,000 prior to the issuance of building permits, said
bond to be returned to the applicant after the completion of the parking, curbing,
lighting and drainage improvements within the public right-of-way specified in
Condition 4.
6. The applicant shall provide a Unity of Title, in a form to be approved by the City
Attorney and City Manager, or replat the site, prior to issuance of a building permit
for the development.
7. If the City Manager finds probable cause to believe that a disturbance has been
created by the granting of the parking variance, then the property owner will be
required to install a minimum of five (5) on-street parking spaces in the right-of-way
of East Dixie Highway, adjacent to the property, in a manner to be approved by the
City Manager and City Engineer, at the owner's expense.
8. The applicant shall record this Resolution in the Public Records of Miami-Dade
County, prior to issuance of a building permit. All expenses shall be borne by the
applicant.
Section 5. 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.
Resolution No.
Page 6
Section 6.
adoption.
The foregoing Resolution was offered by
its adoption. The motion was seconded by
put to a vote, the vote was as follows:
This Resolution shall become effective immediately upon its
, who moved
, and upon being
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 3rd day of August, 1999.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SOROKA, CMC/AAE
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this __
_ day of ,1999.
TERESA M. SOROKA, CMC/AAE, CITY CLERK
MINUTES
CiTY COMMISSION MEETING
TUESDAY, JULY 6, 1999 6:00 P.M.
Biscayne Medical Arts Center
21110 Biscayne Boulevard Suite 101
Aventura, Florida
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by
Vice Mayor Patricia Rogers-Libert. Present were Commissioners Jay R. Beskin,
Ken Cohen, Harry Holzberg, Jeffrey M. Perlow, Vice Mayor Rogers-Libert, Mayor
Arthur I. Snyder (arrived at 6:45 p.m.), City Manager Eric M. Soroka, City Clerk
Teresa M. Soroka, and City Attorney Richard Jay Weiss. Commissioner Arthur
Berger was absent. As a quorum was determined to be present, the meeting
commenced.
2. PLEDGE OF ALLEGIANCE. Donald Brodey led the pledge of allegiance.
3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M.
Ex-parte communications by Commissioners, if any, were disclosed and filed with
the City Clerk in accordance with Ordinance 96-09. All witnesses giving testimony in
these hearings were sworn in by the City Clerk.
A. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DENYING THE REQUEST TO ALLOW A
VARIANCE OF ONE (1) PARKING SPACE TO PERMIT NINETEEN (19)
OFF-STREET PARKING SPACES WHERE TWENTY (20) PARKING
SPACES ARE REQUIRED; DENYING THE REQUEST TO ALLOW
TWO (2) GAS STATION CANOPY SIGNS, EACH SEVEN AND ONE-
HALF (7.5) SQUARE FEET IN AREA, WHERE THE CITY'S SIGN
ORDINANCE ALLOWS ONE (1) COMPANY LOGO SIGN NOT TO
EXCEED FOUR (4) SQUARE FEET ON EACH SIDE OF A GASOLINE
STATION CANOPY; GRANTING APPROVAL OF ONE (1) OF THE
THREE (3) PROPOSED ALUMINUM SIGNS; GRANTING APPROVAL
OF THREE (:3) OF THE TEN (10) PROPOSED DIRECTIONAL SIGNS
FOR PROPERTY LOCATED AT 19055 BISCAYNE BOULEVARD AND
LEGALLY DESCRIBED IN EXHIBIT #1; PROVIDING AN EFFECTIVE
DATE.
Brenda Kelley, Community Development Director, explained the request of the
applicant and entered the staff report into the record. Vice Mayor Rogers-Libert
opened the public hearing. The following individual(s) addressed the
Commission: Michael Snyder, Esq., 20803 Biscayne Blvd., and Mr. Maxwell,
representing the applicant. There being no further speakers, the public hearing
was closed. A motion for approval of the resolution was offered by Commissioner
Perlow and seconded by Commissioner Beskin. An amendment was offered by
Commissioner Perlow and seconded by Commissioner Beskin that should staff
deem that the 20th parking space is needed for health, safety and welfare
purposes, it be required to be added at a location mutually agreeable to staff and
applicant. The amendment passed unanimously. The motion for approval of the
resolution, as amended, passed 4-1, with Commissioner Cohen voting no and
Resolution No. 99-28 wes adopted.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING APPROVAL OF VARIANCE FROM
SECTION 801.2 OF THE CITY'S LAND DEVELOPMENT
REGULATIONS TO ALLOW 111 OFF-STREET PARKING SPACES
WHERE 130 OFF-STREET PARKING SPACES ARE REQUIRED;
GRANTING CONDITIONAL USE APPROVAL TO ALLOW TWO (2)
DRIVE-THROUGH TELLER LANES AT A BANK ON THE GROUND
FLOOR OF A PROPOSED OFFICE BUILDING; GRANTING APPROVAL
OF THE ABANDONMENT OF APPROXIMATELY 2,142 SQUARE FEET
OF PUBLIC ALLEYWAY PLATTED IN BLOCK 8 OF THE
HALLANDALE PARK NO. 8 SUBDIVISION; FOR PROPERTY
LOCATED BE'I'WEEN NE 206 STREET AND NE 207 STREET ON THE
EAST SIDE OF EAST DIXIE HIGHWAY; PROVIDING AN EFFECTIVE
DATE.
At the request of staff, a motion for deferral of this matter to the August 3, 1999
meeting was offered by Commissioner Perlow, seconded by Commissioner
Holzberg and unanimously passed.
MOTION TO REHEAR THE REQUEST, PREVIOUSLY DENIED, OF
CAVIAR & MORE, INC. FOR SPECIAL EXCEPTION TO SPACING AND
DISTANCE REQUIREMENTS FOR THE SALE AND SERVICE OF
ALCOHOLIC BEVERAGES.
2
Am
After discussion and consideration of this motion, no action was taken.
APPROVAL OF MINUTES: A motion to approve the minutes of the June 1,
1999 Commission Meeting, the June 15, 1999 LPA Meeting and the June 15,
1999 Commission Meeting was offered by Vice Mayor Rogers-Libert, seconded
by Commissioner Cohen and unanimously passed.
AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
SPECIAL PRESENTATIONS: None.
CONSENTAGENDA:
Commissioner Beskin requested removal of items 7B, 7E, 7F and 7G from the
Consent Agenda.
A motion to approve the remainder of the Consent Agenda was offered by Vice
Mayor Rogers-Libert, and seconded by Commissioner Cohen. Commissioner
Perlow disclosed his conflict of interest as to item 7C and abstained from voting
on that item only. The motion for approval unanimously passed and the following
action was taken:
Resolution No. 99-29 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 99-186-A
FOR PROFESSIONAL DESIGN SERVICES FOR BISCAYNE (5/6)
PHASE II AND REMAINING PORTION OF FEC LANDSCAPE BUFFER
BY AND BETWEEN THE CITY OF AVENTURA AND O'LEARY DESIGN
ASSOCIATES, P.A.; AND PROVIDING AN EFFECTIVE DATE.
Resolution No. 99-30 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION
AGREEMENT BETWEEN NORTH TOWER AT THE POINT
CONDOMINIUM ASSOCIATION AND THE CITY OF AVENTURA;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
3
Resolution No. 99-31 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA REQUESTING THE FLORIDA BUILDING
COMMISSION TO ADOPT A FLORIDA BUILDING CODE THAT WILL
MAINTAIN THE CURRENT LEVEL OF LIFE SAFETY PROVIDED TO
THE RESIDENTS OF AVENTURA AND SOUTH FLORIDA; AND
PROVIDING AN EFFECTIVE DATE.
Resolution No. 99-32 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 99-6-28-2, NE 185TM STREET &
NE 28TM COURT IMPROVEMENTS, TO SOUTHEASTERN
ENGINEERING CONTRACTORS, INC. AT THE BID PRICE OF
$1,272,200.00; AUTHORIZING THE CITY MANAGER TO EXECUTE
ASSOCIATED CONTRACTS; PROVIDING FOR THE APPROPRIATION
AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AUTHORING
THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT
ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
The following items were removed from the Consent Agenda and addressed
separately:
B. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING BID NO. 99-5-25-2, LEASING OF
VEHICLES TO LEASING ASSOCIATES, INC. AT THE BID PRICE OF
$458 ! MONTH / PER VEHICLE FOR FOUR VEHICLES FOR A THREE
YEAR TERM; AUTHORIZING THE CITY MANAGER TO EXECUTE
ASSOCIATED LEASE DOCUMENTS; 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.
A motion for approval was offered by Vice Mayor Rogers-Libert and
seconded by Commissioner Beskin. The motion passed unanimously and
Resolution No. 99-33 was adopted.
Mr. Weiss read the following resolution by title:
4
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA SUPPORTING FULL FUNDING OF THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE
YEAR 2000; AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by
seconded by Commissioner Holzberg,
Resolution No. 99-34 was adopted.
Vice Mayor Rogers-Libert,
unanimously passed and
Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA URGING CONGRESS TO INCLUDE
MODERNIZATION OF THE COMMUNITY REINVESTMENT ACT (CRA)
IN ANY FINAL FINANCIAL SERVICES LEGISLATION; AND
PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Rogers-Libert, seconded
by Commissioner Holzberg, unanimously passed and Resolution No. 99-
35 was adopted.
Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING CONTRACTS FOR
THE CITY'S GROUP INSURANCE PROGRAM TO UNITED
HEALTHCARE FOR (HEALTH INSURANCE), TO EAGLE
ADMINISTRATORS FOR IRS SECTION 125 PLAN ADMINISTRATOR,
TO UNUM LIFE INSURANCE COMPANY FOR LONG TERM
DISABILITY, TO FORTIS BENEFITS INSURANCE COMPANY FOR
LIFE & ACCIDENTAL DEATH AND DISMEMBERMENT; AUTHORIZING
THE CITY MANAGER OF THE CITY OF AVENTURA, FLORIDA, ON
BEHALF OF SAID CITY, TO EXECUTE ASSOCIATED CONTRACTS;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Rogers-Libert, seconded
by Commissioner Beskin, unanimously passed and Resolution No. 99-36
was adopted.
PUBLIC HEARING: ORDINANCES - FIRST READING: None
5
11.
12.
13.
14.
PUBLIC HEARINGS: ORDINANCES - SECOND READING: None,
RESOLUTIONS: Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE,
SUBJECT TO ANNUAL REVISION AND AUTHORIZATION, THE CITY
OF AVENTURA CAPITAL IMPROVEMENT PROGRAM DOCUMENT
FOR FISCAL YEAR 1999/00 TO 2003~04; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Beskin and seconded by
Commissioner Cohen. An amendment to remove the cultural center plan and
associated expenses was offered by Commissioner Cohen, seconded by
Commissioner Perlow and failed 3-3, with Commissioner Beskin, Vice Mayor
Rogers-Libert, and Mayor Snyder voting no. The motion for approval of the
resolution failed 3-3, with Commissioners Cohen, Holzberg and Perlow voting no.
OTHER BUSINESS: None.
REPORTS: As presented.
PUBLIC COMMENTS: The following individuals addressed the Commission:
George Berlin, Turnberry & Associates; Donald Brodey, E. Country Club Drive;
and Art Grossman, W. Country Club Drive.
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 7:45 p.m.
Teresa M. Soroka, CMC/AAE 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 COMMISSION MEETING
TUESDAY, JULY 13, 1999
6p.m.
Biscayne Medical Arts Center
21110 Biscayne Boulevard Suite 101
Aventura, Florida
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6 p.m. by
Mayor Arthur I. Snyder. Present were Commissioners Jay R. Beskin, Ken Cohen,
Harry Holzberg, Jeffrey M. Perlow, Vice Mayor Patricia Rogers-Libert, Mayor
Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City
Attorneys Richard Jay Weiss and Jeff Sheffel. Commissioner Arthur Berger was
absent. As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Margo Absher led the pledge of allegiance.
3. PUBLIC HEARING: ORDINANCES- SECOND READING:
A. Mr. Sheffel read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA ADOPTING
THE LAND DEVELOPMENT REGULATIONS FOR THE CITY OF
AVENTURA; RESCINDING ALL ORDINANCES AND PARTS OF
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
A motion for approval was offered by Vice Mayor Rogers-Libert and seconded
by Commissioner Beskin.
Mr. Soroka requested that the Commission address the revisions made to the
Land Development Regulations, as directed by Commission at first reading, and
as outlined in his memorandum to the Commission dated July 9, 1999.
A motion to approve item 1 (Section 506.9) was offered by Commissioner
Beskin, seconded by Vice Mayor Rogers-Libert and unanimously passed.
A motion to approve item 2 (Section 513.5) was offered by Commissioner
Beskin, seconded by Vice Mayor Rogers-Libert and unanimously passed.
At this time, Mayor Snyder opened the public hearing and the following
individuals addressed the Commission: William Landa, owner of office
buildings on NE 191st Street; Jim Pappas, part owner of Bagel Cove Shopping
Center; Clifford Schulman, Esq., 1221 Brickell Avenue; Jeffrey Bercow, Esq.,
200 S. Biscayne Blvd., Miami; Stanley Price, Esq., 2500 First Union Financial
Center; Alan Rosenthal, Esq., 2875 NE 191st Street; James Pappas, Sr., part
owner of Biscayne Cove; Ed Henshen, Gretchen Smith Architects, Fort
Lauderdale; Neisen Kasdin, Esq. There being no further speakers, the public
hearing was closed.
A motion to approve items 5 and 6 (Sections 704.6.1 and 704.6.4) of the July 9
memorandum was offered by Commissioner Perlow, seconded by Vice Mayor
Rogers-Libert and unanimously passed.
A motion to approve item 7 (Town Center Marine District) of the memorandum,
incorporating conditions as suggested by Mr. Bercow, was offered by
Commissioner Pedow, and seconded by Commissioner Holzberg An
amendment was offered by Commissioner Perlow, seconded by Vice Mayor
Rogers-Libert and unanimously passed to provide for an aggregate view
corridor of 20% and not less than 10% per view corridor. The motion for
approval of item 7, as amended, passed unanimously.
A motion for approval of item 8 (Section 1205.4.2) was offered by
Commissioner Perlow and seconded by Commissioner Cohen. An
amendment to include the CF District was offered by Commissioner Perlow and
seconded by Commissioner Beskin and passed 4-1, with Commissioner
Holzberg voting no and Commissioner Perlow out of the room. After further
discussion, the motion for approval of item 8, as amended, failed, 1-5, with
Mayor Snyder voting yes. A motion to provide that all commercial areas have
same provisions as residential regarding this section was offered by
Commissioner Perlow, seconded by Commissioner Cohen and failed, 3-3, with
Mayor Snyder, Commissioners Cohen and Perlow voting yes and
Commissioners Beskin, Holzberg and Vice Mayor Rogers-Libert voting no.
2
A motion was offered by Commissioner Beskin, seconded by Vice Mayor
Rogers-Libert and unanimously passed to provide that the CF district have
same regulations as residential regarding reconstruction in event of major
disaster.
A motion to reconsider item 8 was offered by Commissioner Perlow, seconded
by Mayor Snyder and failed, 2-4, with Mayor Snyder and Commissoner Perlow
voting yes and Commissioners Cohen, Beskin, Holzberg and Vice Mayor
Rogers-Libert voting no.
Relative to item 4 (Section 703.5), a motion was offered by Vice Mayor Rogers-
Libert, and seconded by Commissioner Holzberg to amend units per acre to 45,
amend FAR to max of 1.5 for 7 stories and 4 stories same as RMF-3. The
motion passed unanimously.
A motion to approve item 3 (Section 701.2) was offered by Vice Mayor Rogers-
Libert, seconded by Commissioner Beskin and unanimously passed.
A motion to change the zoning of property located at the SW corner of NE 207th
Street and 30th Avenue from B1 to B2 was offered by Commissioner Perlow,
seconded by Commissioner Beskin and unanimously passed.
A motion to change the Point East residential development zoning from RMF4
to RMF3A was offered by Vice Mayor Rogers-Libert, seconded by
Commissioner Pedow and unanimously passed.
A motion was offered by Commissioner Perlow and seconded by Commissioner
Cohen to reduce the lot size requirement in the Medical Office District to 1 acre.
The motion failed, 3-3, with Commissioners Perlow, Cohen and Beskin voting
yes and Commissioner Holzberg, Vice Mayor Rogers-Libert and Mayor Snyder
voting no.
A motion was offered by Commissioner Beskin and seconded by Vice Mayor
Rogers-Libert to amend Section 503.1 by deleting "and of the public need". The
motion passed unanimously.
A motion was offered by Commissioner Perlow and seconded by Vice Mayor
Rogers-Libert to amend the second zoning map relative the Pappas property
and Mobil property from TC1 to B2. The motion passed, 5-1, with
Commissioner Holzberg voting no.
The motion for approval of the ordinance, as amended, passed 5-1, with
Commissioner Perlow voting no and Ordinance No. 99-09 was enacted.
3
B. Mr. Sheffel read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ADOPTING THE ZONING MAP AS REQUIRED BY THE LAND
DEVELOPMENT REGULATIONS; PROVIDING FOR RE-ZONING OF
ALL PROPERTY IN THE CITY OF AVENTURA IN CONFORMANCE
WITH THE ZONING DESIGNATIONS CONTAINED ON THE ZONING
MAP; PROVIDING FOR INCLUSION IN THE CODE AND AN
EFFECTIVE DATE.
A motion was offered by Vice Mayor Rogers-Libert, seconded by Commissioner
Holzberg and unanimously passed to incorporate in this public hearing all
testimony from the previous public hearing.
A motion for approval, incorporating changes enacted during previous public
hearing above, was offered by Vice Mayor Rogers-Libert and seconded by
Commissioner Holzberg. Mayor Snyder opened the public hearing. There being
no speakers, the public hearing was closed. The motion for approval of the
Zoning Map, as amended, passed unanimously and Ordinance No. 99-10 was
enacted.
ADJOURNMENT: There being no further business to come before the
Commission at this time, after motion made, seconded and unanimously passed,
the meeting adjourned at 8:20 p.m.
Teresa M. Soroka, CMC/AAE, 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.
4
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Com mission _.,~_ _____~
Eric M. Soroka~Ci~l~'~ag7 ~
JP~l~;:~e9~iand Develo~p ent Regulations (LDRs)
BACKGROUND
Attached hereto, for your review and consideration, are revisions to the LDRs based on
the following:
· Revisions requested by the City Commission at the June 15, 1999 meeting.
· Clean-up revisions.
· Recommended revision to Non-Conforming Use section offered by the
Business Community.
The following is a summary of the revisions:
Page 5-15, 506.9 - Clean-up.
Page 5-46, 513.5 - New section requested by City Attorney's Office to
provide for an appeal of the City Commission's actions.
Page 7-1,701.2 - Added new RMF3A and Town Center - (TC2) Districts.
Page 7-9, 703.5 - Added new RMF3A District - 40 units/acre and seven
stories height maximum.
Page 7-28, 704.6.1 - Revised height for hospitals to a maximum of 20
stories or 200 feet.
Page 7-29, 704.6.4 - Implemented revisions contained in No. 5 above.
Page 7-33 - Added new Town Center Marine District, which combines
Town Center and M-1 Industrial Marine uses in the "Thu~derboat Alley"
area.
Section 1205.4.2 - Suggests compromise to non-conforming uses
requested by "Business Community" whereby commercially zoned areas
outside the redevelopment areas specified in the Comprehensive Plan
(Hospital Area, Thunder Alley and the Biscayne Boulevard south of N.E.
191st Avenue) would be allowed to rebuild without meeting the new LDRs.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CCO770-99
MINUTES
CITY COMMISSION WORKSHOP MEETING
TUESDAY, JULY 20, 1999
Immediately following Budget Review Meeting
Aventura Government Center
2999 NE 191~t Street Suite 500
Aventura, Florida
The meeting was called to order at 11:25 a.m. by Mayor Arthur I. Snyder. Present were
Commissioners Arthur Berger, Jay R. Beskin, Ken Cohen, Harry Holzberg, Jeffrey M
Perlow, Vice Mayor Patdcia Rogers-Libert, Mayor Snyder, City Manager Eric M. Soroka,
City Clerk Teresa M. Soroka, and City Attorney David M. Wolpin. As a quorum was
determined to be present, the meeting commenced.
ClP/Cultural Center: Mr. Soroka requested direction from the Commission as
to inclusion of a cultural center facility in the proposed Capital Improvements
Plan. Janet Laine, Chair of the Recreation and Cultural Arts Advisory Board,
addressed the Commission and suggested a feasibility study be conducted as to
the need and desire for a cultural facility. Beautification Advisory Board Chair
Bob Diamond and Recreation and Cultural Arts Advisory Board Vice Chair Don
Gustin addressed the Commission. City Manager to determine cost of feasibility
study. CIP to be addressed at August Commission meeting with cultural center
provided for therein at site unspecific at this time.
Monthly reports to be given to Commission at Commission Workshop meetings
by Chairpersons of both Advisory Boards.
Homestead Exemption for Elderly: Consensus to proceed with preparation of
ordinance enacting state legislation.
3. Street Namin.q Policy: Deferred.
4. Lobbyist Ordinance: Deferred.
City Clerk Review: Consensus that City Clerk receive a bonus in the amount of
$5,000 and no COLA increase 99~00 fiscal year. City Clerk evaluation to be
conducted same as City Manager and not as other Department Directors.
6. Other Business: None.
The meeting adjourned at 12:35 p.m.
Teresa M. Soroka, CMC/AAE, 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.
CITY OF AVENTURA
BUDGET REVIEW COMMISSION MEETING
JULY 20, 1999 9:00 A.M.
Aventura Government Center
2999 NE 191st Street Suite 500
Aventura, Florida 33180
CALL TO ORDER/ROLL CALL: The meeting was called to order at 9:00
a.m. by Mayor Arthur I. Snyder. Present were Commissioners Arthur
Berger, Jay R. Beskin, Ken Cohen, Harry Holzberg, Jeffrey M. Perlow,
Vice Mayor Patricia Rogers-Libert, Mayor Snyder, City Manager Eric M.
Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin,
Esq. As a quorum wes determined to be present, the meeting
commenced.
OVERVIEW AND REVIEW OF PROPOSED BUDGET: Mr. Soroka gave
a slide presentation showing an overview of the financial performance of
the City over the last three years. He then reviewed the proposed
1999/00 budget document, as follows:
GENERAL FUND, including Revenues, General Government
Departments (City Commission, City Manager, Finance Support
Services, Legal, City Clerk), Public Safety Department, Community
Development Department, Community Services Department, Non-
Departmental and Capital Outlay.
A motion for approval of the General Fund Budget was offered by Vice
Mayor Rogers-Libert, seconded by Commissioner Berger and
unanimously passed.
After discussion as to Commission travel expenses, Mayor Snyder
appointed a Committee consisting of Mayor Snyder, Commissioner Perlow
and Commissioner Beskin to prepare a policy for Commission travel, for
consideration by the Commission.
A motion to approve the City Commission budget was offered by
Commissioner Perlow, seconded by Commissioner Beskin and
unanimously passed.
A motion to approve the City Manager budget was offered by
Commissioner Cohen, seconded by Mayor Snyder and unanimously
passed.
A motion to approve the Finance Support Services budget was offered by
Commissioner Beskin, seconded by Vice Mayor Rogers-Libert and
unanimously passed.
A motion to approve the Legal Department budget was offered by Vice
Mayor Rogers-Libert, seconded by Commissioner Holzberg and
unanimously passed.
A motion to approve the City Clerk budget was offered by Commissioner
Beskin, seconded by Vice Mayor Rogers-Libert and unanimously passed.
A motion to approve the Public Safety budget was offered by Vice Mayor
Rogers-Libert, seconded by Commissioner Cohen and unanimously
passed.
A motion to approve the Community Development budget was offered by
Vice Mayor Rogers-Libert, seconded by Commissioner Beskin and
unanimously passed.
A motion to approve the Community Services Department budget was
offered by Vice Mayor Rogers-Libert and seconded by Commissioner
Beskin. An amendment was offered by Mayor Snyder, and Vice Mayor
Rogers-Libert seconded, to include $25,000 for participation in the
Legends Tennis Tournament. An amendment was offered by Vice Mayor
Rogers-Libert and seconded by Commissioner Perlow to provide the
$25,000 for a signature event. The amendment failed 2-5, with Vice
Mayor Rogers-Libert and Commissioner Perlow voting yes. The motion
for approval of the Community Services Department budget passed
unanimously.
A motion to approve the Non-Depadmental Transfers budget was offered
by Vice Mayor Rogers-Libert, seconded by Commissioner Beskin and
unanimously passed.
A motion to approve the remainder of the Non-Departmental budget was
offered by Vice Mayor Rogers-Libert, seconded by Commissioner Cohen
and unanimously passed.
Staff was directed to research costs of a feasibility study for water feature
to be placed in Founders Park.
A motion to approve the Capital Outlay budget was offered by Vice Mayor
Rogers-Libert and seconded by Commissioner Cohen. A motion to
expedite the shade structure, tot swings, and storage structures was
offered by Commissioner Perlow and seconded by Vice Mayor Rogers-
Libert. The motion unanimously passed. The motion for approval of the
Capital Outlay budget passed unanimously.
B, Mr. Soroka read the following resolution by title:
A RESOLUTION OF THE CiTY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, ESTABLISHING A PROPOSED
MILLAGE RATE FOR THE 1999/00 FISCAL YEAR; PROVIDING
FOR THE DATE, TIME AND PLACE OF THE PUBLIC HEARING
TO CONSIDER THE PROPOSED MILLAGE RATE AND
TENTATIVE BUGET; AND PROVIDING FOR AN EFFECTIVE
DATE.
A motion for approval of the Resolution, which establishes a millage rate
for the 1999/00 fiscal year of 2.227 per $1,000 of taxable assessed value,
was offered by Commissioner Beskin, seconded by Commissioner Cohen,
unanimously passed and Resolution No. 99-37 was adopted.
C. POLICE EDUCATION FUND: A motion for approval was offered by
Vice Mayor Rogers-Libert, seconded by Commissioner Beskin and
unanimously passed (5-0), with Commissioners Cohen and Perlow out
of the room.
D. STREET MAINTENANCE FUND: A motion for approval was offered
by Vice Mayor Rogers-Libert, seconded by Commissioner Berger and
unanimously passed, (5-0), with Commissioners Cohen and Perlow out
of the room.
E. POLICE CAPITAL OUTLAY IMPACT FEE FUND: A motion for
approval was offered by Vice Mayor Rogers-Libert, seconded by
Commissioner Berger, and unanimously passed, (5-0), with
Commissioners Cohen and Perlow out of the room.
F. PARK DEVELOPMENT FUND: A motion for approval was offered by
Vice Mayor Rogers-Libert, seconded by Commissioner Berger and
unanimously passed, (5-0), with Commissioners Cohen and Perlow out
of the room.
G. DEBT SERVICE FUND: A motion for approval was offered by
Commissioner Beskin, seconded by Commissioner Berger and
unanimously passed, (5-0), with Commissioners Cohen and Pedow out
of the room.
H. CAPITAL CONSTRUCTION FUND: A motion for approval was offered
by Vice Mayor Rogers-Libert, seconded by Commissioner Beskin and
unanimously passed, (5-0), with Commissioners Cohen and Perlow out
of the room.
STORMWATER UTILITY FUND: A motion for approval was offered by
Vice Mayor Rogers-Libert, seconded by Commissioner Berger, and
unanimously passed, (5-0), with Commissioners Cohen and Perlow out
of the room.
POLICE OFF-DUTY SERVICES FUND: A motion for approval was
offered by Vice Mayor Rogers-Libert, seconded by Commissioner
Beskin and unanimously passed, (5-0), with Commissioners Cohen
and Perlow out of the room.
Mr. Soroka announced that the budget public hearings are scheduled for
September 9, 1999 and September 23, 1999 at 6 p.m. at the Biscayne
Medical Arts Building.
ADJOURNMENT: After motion made, seconded and unanimously
passed, the meeting adjourned at 11:15 a.m.
Teresa M. Soroka, CMC/AAE, 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.
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Commission/,
Eric M. Soroka, ,~?V er
July 23, 1999
Traffic Control Jurisdiction Agreement - Bonavida Condominium
August 3, 1999 City Commission Meeting Agenda Item '~/~'
RECOMMENDATION
It is recommended that the City Commission authorize the execution of the attached
Traffic Control Jurisdiction Agreement with the Bonavida Condominium Association to
provide traffic control jurisdiction by our Police Department over the private roads within
the condominium. The Agreement will increase the visibility of the police force and
enhance traffic enfomement.
BACKGROUND
In our continued efforts to provide improved police services to the community, we have
initiated a program that allows a condominium or homeowners associations to enter into
an Agreement with the City to provide traffic control jurisdiction over a private roadway
within the development. This permits the Police Department to conduct traffic
enforcement activities on private property at the request of the owner.
Florida State Statute 316.006 allows municipalities to enter into such agreements
provided they are reimbursed for the actual costs of traffic control and enforcement, the
owner agrees to indemnify the City and provide liability insurance.
The City will bill the owner $25.00 per hour for each officer required to perform the
traffic enforcement detail when requested by the owner. Whenever possible, traffic
complaints made by the occupants of the property will be responded to and handled as
a call for service, without charge to the owner.
Memo to City Commission
Page 2
The program has been received well by the community.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0774-99
RESOLUTION NO. 99-__
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED TRAFFIC
CONTROL JURISDICTION AGREEMENT BETWEEN
BONAVIDA CONDOMINIUM ASSOCIATION AND THE
CITY OF AVENTURA; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Traffic Control Jurisdiction Agreement between Bonavida Condominium Association
and the City of Aventura.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section3. This Resolution shall become effective immediately
adoption.
who
The foregoing Resolution was offered by
moved its
follows:
upon its
adoption. The motion was seconded by
, and upon being put to a vote, the vote was as
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Resolution No. 99-
Page 2
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 3rd day of August, 1999.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SOROKA, CMC/AAE
ClTY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
TRAFFIC CONTROL JURISDICTION AGREEMENT
THIS AGREEMENT is made and entered into this 16 day of June . 199_9,
by and between Bonavida C, ondomin~um A~nei~inn ,
(the "Owner") and the City of Aventura, Florida, a Florida municipal corporation (the
"City").
RECITALS
A. Owner owns fee simple title to all the private roadways within the area
described as follows:
Bonavida Condominium Association, 20100 W. Country Club Dr., Aventura, FL
of Dade County, Florida, and commonly known as R o~ ~,~ ~ ~
(the "Private Roads").
B. Owner desires the City to exercise traffic control jurisdiction over the Private
Roads, and City desires to exercise such traffic control jurisdiction, pursuant to Florida
State Statutes 316.006.
NOW, THEREFORE, for Ten and No/100 Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Owner and City agree as follows:
1. Recitals. The foregoing Recitals are true and correct and are incorporated
herein by this reference.
2. Traffic Control Jurisdiction Services. The City agrees to exercise traffic
control jurisdiction over the Private Roads in accordance with the following terms and
conditions.
(a) City shall provide for Police Officers of its Police Department to patrol, by
motor vehicle, the Private Roads, in accordance with the schedule and manpower
indicated on Exhibit "A" attached hereto, subject to availability.
(b) In exercising such traffic control jurisdiction, the City shall enforce the
traffic laws generally applicable to streets and highways under the City's original
jurisdiction which are similar in nature to the Private Roads, except only that the City
shall enforce the speed limit established by Owner, in Owner's sole discretion, for the
Private Roads, which speed limit Owner shall post along the Private Roads by
appropriate signage.
(c) The City's exercise of traffic control jurisdiction pursuant to this Agreement
shall be in addition to the jurisdictional authority presently exercised by the City over the
Private Roads under law, and nothing herein shall be construed to limit or remove any
such jurisdictional authority, the City agreeing to continue to provide such other police
services as are otherwise provided under law.
(d) In addition to exercising traffic control jurisdiction over the Private Roads
as indicated on Exhibit "A", the City shall be entitled to exercise traffic control
jurisdiction, even when not requested by Owner; provided, however, the City shall not
be entitled to any compensation from Owner pursuant to Paragraph 3 below for
exercising such discretionary additional traffic control jurisdiction, although the City shall
2
be entitled to retain all revenues from traffic citations issued by the City for violations of
traffic laws along the Private Roads, in accordance with law.
(e) Nothing in this Agreement shall require, authorize or permit the City to
exercise any control or responsibility concerning the installation or maintenance of traffic
control devices.
3. Compensation. Owner shall compensate City for the services performed
by the City under this Agreement at the rate indicated on Exhibit "B' attached hereto, so
as to assure full reimbursement for costs incurred by City, as determined by City, on the
15th day of each month for service provided in the prior month, upon invoice from City.
In addition, the City shall be entitled to retain all revenues from traffic citations issued by
the City for violation of traffic laws along the Private Roads as provided by law. Except
as provided in the first sentence of this Paragraph 3, Owner shall not be responsible to
pay the City any compensation for performing police services pursuant to this
Agreement. This shall not preclude the assessment of impact fees or other fees
provided by law.
4. Liability Not Increased. Neither the existence of this Agreement nor
anything contained herein shall give rise to any greater liability on the part of the City
than the City would ordinarily be subjected to when providing its normal police services
as routinely provided throughout the City.
5. Term. The term of this Agreement shall be one (1) year commencing on
the date hereof and ending one (1) year following the date hereof, and shall thereafter
automatically continue for successive one (1) year terms, unless terminated by either
3
party upon written notice to the other party given at least thirty (30) days prior to the
expiration of the then-applicable one (1) year term.
6. Entire Agreement. This Agreement constitutes th: entire understanding
and agreement of the parties with respect to the subject matter hereof and may not be
changed, altered or modified except by an instrument in writing signed by the party
against whom enforcement of such change would be sought.
7. Governin.q Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. Venue for any litigation between the
parties for any controversy arising from or related to this Agreement shall be in the 11th
Judicial Circuit in and for Dade County, Florida.
8. Indemnification and Insurance. Owner agrees to defend, indemnify and
hold the City harmless from any claim, demand, suit, loss, cost, expense or damage
which may be asserted, claimed or recovered against or from the City by reason of any
property damage or bodily injury, including death, sustained by any person
whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out
of or is incidental to or in any way connected with this Agreement, and regardless of
whether such claim, demand, suit, loss, damage, cost or expense is caused in whole or
in part by City's negligence, or by the negligence of City's agents, servants or
employees. In support, but not in limitation of this indemnification provision, Owner
hereby agrees to maintain and pay all premiums for a policy of comprehensive general
liability insurance in an amount of not less then $300,000 combined single limit
insurance covering any occurrence on or adjacent to the Private Roads described
above, resulting in property damage or bodily injury or death to person or persons.
4
Such insurance policy shall name the City and City's officers, agents and employees as
additional insured with respect to traffic control or enforcement of the Private Roads and
shall provide for 30 days prior written notice of any cancellation c~ change in scope or
amount of coverage of such policy. Owner shall furnish City with a Certificate of
Insurance evidencing compliance with the provisions of this section.
EXECUTED as of the date first above written in several counterparts, each of
which shall be deemed an original, but all constituting one Agreement.
Signed, sealed and delivered
In the presence of:
By.
ATTEST:
Teresa M. Smith, CMC
City Clerk
Approved as to Legal Sufficiency:
City Attorney
CITY OF AVENTURA, a Florida
Municipal corporation
By
Eric M. Soroka
City Manager
5
Exhibit A
Patrol
Aventura Police Officers in marked police vehicles or motorcycles will patrol the
private roads of the Bonavida Condominium Association on
a random basis 24 hours per day. Whenever possible, Traffic complaints made
by occupants of the property, will be responded to and handled as a call for
service, without charge to the Owner. Traffic complaints that require extended
patrol, where the cost of service will be billed to the Owner, will only be
conducted with prior approval of the Owner. When requested by the Owner to
perform specific traffic enforcement duties, the Owner will be billed in accordance
with Exhibit B.
6
Exhibit B
Compensation
The City will bill the Owner $25.00 per hour for each officer required to perform
the requested traffic enforcement detail.
7
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Commission
jEiil; 2M~ ,~°9r9°9ka ' ~M ~.~r
Collective Bargaining Agreement Between the City and the Police
Benevolent Association
August 3, 1999 City Commission Meeting Agenda Item "~ ~
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
the City Manager to execute the subject document.
BACKGROUND
The City Administration and PBA finalized a Collective Bargaining Agreement. The
Agreement is for the current fiscal year ending September 30, 1999. The Agreement
conforms to the parameters established by the City Commission.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0777-99
RESOLUTION NO. 99-__
A RESOLUTION OF THE CITY COMMSSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO
THAT CERTAIN COLLECTIVELY BARGAINED
CONTRACT ATTACHED HERETO BY AND BETWEEN
THE CITY OF AVENTURA AND THE DADE COUNTY
POLICE BENEVOLENT ASSOCIATION, WHICH
CONTRACT SHALL BE EFFECTIVE UPON SIGNATURE
BY THE CITY MANAGER AND THE DADE COUNTY
POLICE BENEVOLENT ASSOCIATION; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY
TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The Collectively Bargained Contract, attached hereto and
incorporated herein, is hereby accepted by the City Commission, and the City Manager
is hereby authorized on behalf of the City to execute and otherwise enter into said
Collective Bargaining Agreement by and between the City of Aventura and the Dade
County Police Benevolent Association.
Section 2. The City Manager is hereby authorized to do all things necessary
and expedient in order to effectuate the execution of the 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, with certain sections retroactive to October 1, 1998 immediately upon the
Resolution No. 99-._
Page 2
execution of the Agreement by the City Manager and the Dade County Police
Benevolent Association representatives.
The foregoing Resolution was offered by
who moved its adoption. The motion was seconded by
and upon being put to a vote, the vote was as follows:
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Arthur Berger
Jay R. Beskin
Ken Cohen
Harry Holzberg
Jeffrey M. Perlow
Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 3"d day of August, 1999.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SOROKA, CMC/AAE
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
AGREEMENT
BETWEEN
THE CITY OF AVENTURA, FLORIDA
AND
DADE COUNTY POLICE BENEVOLENT ASSOCIATION
October 1, 1998 to September 30, 1999
Table Of Contents
ARTICLE 1
ARTICLE 2
ARTICLE 3
ARTICLE 4
ARTICLE 5
ARTICLE 6
ARTICLE 7
ARTICLE 8
ARTICLE 9
ARTICLE 10
ARTICLE 11
ARTICLE 12
ARTICLE 13
ARTICLE 14
Page Number
Preamble 1
Recognition 2
Non-Discrimination 3
Due Deductions 4
Management Rights 6
PBA Business 8
PBA Representation 9
No Strike 11
Legal Representation 13
Salaries and Merit Bonus 14
Severability Clause 16
Rules, Directives and Personnel Policies 17
Grievance Procedure 18
Term of Agreement 23
ARTICLE 1
Preamble
This Agreement is entered into this day of ,1999
by and between the City of Aventura, a Florida Municipal Corporation, hereinafter
referred to as "THE CITY" or "CITY" or "EMPLOYER" and the Dade County
Police Benevolent Association hereinafter referred to as "PBA." or "Association".
WHEREAS, this Agreement reduces to writing the understandings of the
City and the PBA to comply with the requirements contained in Chapter 447,
Florida Statutes, as amended; and
WHEREAS, this Agreement is entered into to promote a harmonious
relationship between the City and the PBA and to encourage more effective
employee service in the public interest; and
WHEREAS, it is understood that the City is engaged in furnishing essential
public services which vitally affect the health, safety, comfort and general well being
of the public and the PBA recognizes the need to provide continuous and reliable
service to the public;
NOW THEREFORE, in consideration of the mutual covenants and
agreements herein contained, the parties agree as follows:
ARTICLE 2
Recognition
The City recognizes the PBA as the exclusive bargaining agent for the purpose of
collective bargaining with respect to wages, hours and other conditions of
employment for those employees included within the certified bargaining unit
described in PERC Certification No. 1237 (January 15, 1999).
Included: Sworn police personnel of the ranks of: Police Officer and
Police Sergeant.
Excluded: All other Department employees.
2
ARTICLE 3
Non-Discrimination
Section 1. The City and PBA agree not to discriminate against any
employee covered by this Agreement because of age, sex, marital status, race,
color, creed, national origin, religious affiliation, physical handicap or disability or
sexual orientation.
Section 2. The parties agree not to interfere with the rights of employees
to become members of PBA, or to refrain from such activities and that there shall
be no discrimination, interference, restraint or coercion by the parties against any
employee because of membership or non - membership.
3
ARTICLE 4
Due Deductions
Section 1. PBA members may authorize payroll deductions for purpose
of paying PBA dues. Any member of the PBA who has submitted a properly
executed dues deduction form to the City Manager or his or her designee may have
his or her membership dues in the PBA deducted from his or her wages. No
authorization shall be allowed for payment of initiation fees, assessments, or
fines. Payroll deductions shall be revocable at any time upon request by the
employee to the CITY and PBA in writing. The payroll deduction cancellation
shall be effective thirty (30) days after receipt of notice revocation.
Section 2. Dues deducted shall be transmitted to the PBA on a monthly
basis, accompanied by a list of those employee's names whose dues are
included.
Section 3. It shall be the responsibility of the PBA to notify the City
Manager or his designee, in writing of any change in the amount of dues to be
deducted at least thirty (30) days in advance of said change.
Section 4. The PBA shall indemnify, defend and hold the City harmless
against any and all claims, suits, orders, and judgments brought and issued against
the City as a result of any action taken or not taken by the City under the provisions
of this Article.
Section 5. The employee's earnings must be regularly sufficient, after
other legal and required deductions are made, to cover the amount of
appropriate PBA dues. When a member is in a non-pay status for an entire pay
period, no dues deduction from future earnings may not be made to cover that
pay period. In the case of an employee who in non-pay status during only part of
4
the pay period, if available wages are not sufficient to cover the full dues
deduction, no deduction shall be made. In this connection all legally required
deductions have priority over dues.
ARTICLE 5
Management Rights
Section 1. The PBA recognizes the right of the City to operate, manage
and direct all affairs of all departments within the City, except as otherwise
expressly provided elsewhere in this Agreement, including the right:
(a) To exercise complete and unhampered control to manage, direct, and
totally supervise all employees of the City.
(b) To hire, promote, transfer, schedule, train, assign and retain
employees in positions with the City and to establish procedures therefor.
(c) To suspend, demote, discharge, lay off, or take other disciplinary
action against employees in accordance with this collective bargaining
Agreement, the City's Personnel Policies and Regulations, procedures and
departmental policies.
(d) To maintain the efficiency of the operations of the Police Department.
(e) To determine the structure and organization of City government,
including the right to supervise, subcontract, expand, consolidate or merge any
department, and to alter, combine, eliminate, or reduce any division thereof.
(f) To determine the number of all employees who shall be employed by
the City, the job description, activities, assignments, and the number of hours
and shifts to be worked per week, including starting and quitting time of all
employees.
(g) To determine the number, types, and grades and salary structures of
positions or employees assigned to an organizational unit, department or project,
and the right to alter, combine, reduce, expand or cease any position.
(h) To set its own standards for services to be offered to the public.
6
(i) To determine the location, methods, means and personnel by which
operations are to be conducted.
(j) To determine what uniforms the employees are required to wear
while on duty.
(k) To set procedures and standards to evaluate City employees job
performance.
(I) To establish, change, or modify duties, tasks, responsibilities, or
requirements within job descriptions.
(m)To determine internal security practices.
(n) Introduce new or improved services, maintenance procedures,
materials, facilities and equipment, and to have complete authority to
exercise those rights and powers incidental thereto, including the
right to make unilateral changes when necessary.
(o)Control the use of equipment and property of the City.
(p) To formulate and implement department policy, procedures rules and
regulations;
Section 2. It is understood by the parties that every incidental duty
connected with operations enumerated in job descriptions is not always
specifically described and employees, at the discretion of the City, may be
required to perform duties not within their job description, but within the realm of
related duties.
Section 4. Any right, privilege, or function of the City, not specifically
released or modified by the City in this Agreement, shall remain with the City.
7
ARTICLE 6
PBA Business
Section 1. The City shall provide PBA with a bulletin board. A copy of all
notices or bulletins of the PBA that are to be posted shall be submitted to the City
Manager, or designee. There shall be no other general distribution or posting by
employees of pamphlets, advertising or political matter, notices, or any kind of
literature upon City property other than as herein provided. The bulletin boards
authorized by the City for use by PB^ may be used by the PBA under the terms
of this Article, only for the purpose of posting the following notices and
announcements:
(a) Notices of PBA meetings;
(b) Notices of PBA elections;
(c) Notices of PBA appointment to office;
(d) Notices of PBA recreational and social affairs.
(e) Notices of Collective Bargaining Agreement ratification meetings.
Official PB^ representatives shall post all notices. Any intentional violation
of this provision by the PBA shall result in the privilege of such use of the bulletin
boards being withdrawn.
8
ARTICLE 7
PBA Representation
Section 1. Neither party in negotiations shall have any control over the
selections of the negotiating or bargaining representative of the other party. The
bargaining committee of the PBA shall not consist of more than four individuals,
at least one of whom must be a member of the Aventura bargaining Unit. No
more than two PBA bargaining unit representatives shall be released from duty
with pay for purposes of collective bargaining. The PBA will furnish the City with
a written list of the PBA bargaining committee, prior to the first bargaining
session, and will substitute changes thereto in writing to the City.
Section 2. PBA representatives shall be allowed to communicate official
PBA business to members prior to on-duty roll call.
Section 3 After securing permission from the Police Chief or his designee,
PBA representatives and agents may be permitted to discuss PBA grievances
with members during their duty hours provided such discussions shall not
interfere with the performance of the member's duties and service to the
community, as determined by the Police Chief.
Section 4. Special conferences on important matters will be arranged as
necessary between the officers of the PBA and the City Manager or Police Chief
upon the request of either party. PBA representatives shall be limited to not more
than two on-duty persons.
Section 5. The PBA agrees that there shall be no solicitation of City
employees for membership in the PBA, signing up of members, collection of
initiation fees, dues or assessments, meetings, distribution of PBA or affiliated
PBA literature or any other business activity of the PBA on City time and during
the working hours of City employees.
9
Section 6. Off-duty time spent on negotiations or grievances shall not be
deemed "hours worked", as defined by FLSA, nor shall such time be accrued
toward overtime in any employees work day or workweek.
Section 7. The City and the PB^ agree that there will be no collective
bargaining negotiations attempted or entered into between any persons other
than the City Manager and/or his designee and designated representatives of the
Association. Any attempt to circumvent the proper bargaining process shall be
deemed grounds for either party to file an unfair labor practice and shall result in
appropriate charges being filed against the offending party.
10
ARTICLE 8
No Strike
Section 1. "Strike" means the concerted failure to report for duty, the
concerted absence of employees from their positions, the concerted stoppage of
work, the concerted submission of resignations, the concerted abstinence in whole
or in part by any group of employees from the full and faithful performance of their
duties of employment with the City, participation in a deliberate and concerted
course of conduct which adversely affects the services of the City, picketing or
demonstrating in furtherance of a work stoppage, either during the term of or after
the expiration of a collective bargaining agreement.
Section 2. Neither the PBA, nor any of its officers, agents and members,
nor any employee organization members, covered by this Agreement, will instigate,
promote, sponsor, engage in, or condone any strike, sympathy strike, slowdown,
sick-out, concerted stoppage or work, illegal picketing, or any other interruption of
the operations of the City.
Section 3. Each employee who holds a position with the PBA occupies a
position of special trust and responsibility in maintaining and bring about
compliance with this Article and the strike prohibition in Section 447.505, Florida
Statutes and the Constitution of the State of Florida, Article 1, Section 6.
Accordingly, the PBA, its officers, stewards and other representatives agree that it
is their continuing obligation and responsibility to maintain compliance with this
Article and the law, including their responsibility to abide by the provisions of this
Article and the law by remaining at work during any interruption which may be
11
initiated by others; and their responsibility, in event of breach of this Article or the
law by other employees and upon the request of the City, to encourage and direct
employees violating this Article or the law to return to work, and to disavow the
strike publicly.
Section 4. Any or all employees who violate any provisions of the law
prohibiting strikes or of this Article may be dismissed or otherwise disciplined by the
c ty.
Section 5. The City agrees to adhere to the provisions of Chapter 447,
Florida Statutes, regarding the prohibition on lockouts.
12
ARTICLE 9
Legal Representation
Section 1. Whenever a civil suit in tort is brought against an employee for
injuries or damages suffered as a result of any act, event, or omission of action
which is alleged to have occurred while the employee was on duty or acting
within the scope of his/her employment, the City will investigate the
circumstances to determine whether the employee acted in bad faith or with
malicious purpose or in a manner exhibiting wanton and willful disregard of
human rights, safety, or property.
Section 2. If the City determines that the employee did not act in bad faith
or with malicious purpose or in a manner exhibiting wanton and willful disregard
of human rights, safety or property, the City shall undertake the defense of the
employee as required by law. Said defense shall cease upon judicial finding, or
finding by the City, that the employee acted in bad faith or with malicious purpose
or in a manner exhibiting wanton and willful disregard of human rights, safety, or
property.
13
ARTICLE 10
Salaries and Merit Bonus
Section 1. All employees covered by this Agreement, hired before July 1,
1998, shall receive a 3.0% cost of living adjustment of their base salary as of
September 30, 1998, retroactive to October 1, 1998.
Section 2. For the period prior to September 30, 1999, all employees
covered by this Agreement shall be eligible for a merit bonus on the employee's
anniversary date in accordance with APDP - Employee Appraisals Chapter 4.17.
The anniversary date shall be defined as the employee's entrance date into
his/her present position.
Section 3. Detectives An employee assigned as a Detective by the Police
chief shall receive a pay incentive of $30.00 per week. Employees serving in a
Detective capacity serve in said capacity at the pleasure of the Police Chief. No
employee concern proceeding may be filed by an affected employee when said
employee's Detective capacity is terminated.
Section 4. Field Training Officer An employee assigned as a Field
Training Officer by the Police Chief shall receive a pay incentive of $20.00 per
week. Employees serving in a Field Training Officer capacity serve in said
capacity at the pleasure of the Police Chief. No employee concern proceeding
may be filed by an affected employee when said employee's Field Training
Officer capacity is terminated.
Section 5. Corporal An employee assigned as a Corporal by the Police
Chief shall receive a pay incentive of 5% of their current salary while serving in
the Corporal capacity. Employees serving in a Corporal capacity serve in said
capacity at the pleasure of the Police Chief. No employee concern proceeding
14
(grievance) may be filed by an affected employee when said employee's
Corporal capacity is terminated.
Section 5. Service Experience Incentive An employee is eligible for the
following service experience incentives:
Experience as a Police Officer
Incentive
Less than 2 years experience $0
2 - 5 years of total experience $1,000
5 - 7.5 years of total experience $1,000
7.5 - 10 years of total experience $1,000
More then 10 years of total experience $1,000
Section 6. Startin.q Salaries Both parties agree that the City shall
determine the starting or minimum salary for each position in the bargaining unit.
15
ARTICLE 11
Severability Clause And Prohibition Against Reopening Of Negotiations
Section 1. Should any provision of this collective bargaining agreement,
or any part thereof, be rendered or declared invalid by reason of any existing or
subsequently enacted state or federal law, or by any decree of a court of
competent jurisdiction, all other articles and sections of this Agreement shall
remain in full force and effect for the duration of this Agreement. The parties
agree to immediately meet and confer concerning any invalidated provision(s).
Section 2 The parties acknowledge that during the negotiations which
resulted in this Agreement, each had the unlimited right and opportunity to make
demands and proposals with respect to any subject or matter not removed by law
from the area of collective bargaining and that the understanding and agreement
arrived at by the parties after the exercise of that right and opportunity are set forth
in this Agreement. Therefore, the City and the Union, for the life of this Agreement,
each voluntarily and unqualifiedly waives the right and each agrees that the other
shall not be obligated to bargain collectively with respect to any subject or matter
referred to or covered by this Agreement and with respect to any subject or matter
not specifically referred to or covered in this Agreement, even though such subject
or matter may not have been within the knowledge and contemplation of either or
both of the parties at the time they negotiated or signed this Agreement. This
Agreement contains the entire Agreement of the parties on all matters relative to
wages, hours, terms and conditions of employment as well as all other matters,
which were or could have been negotiated prior to the execution of this
Agreement. This Section does not prohibit the parties from entering into
negotiations concerning the terms of a successor Agreement.
16
ARTICLE 12
Rules, Directives And Personnel Policies
Section 1. The parties agree that the City may promulgate Personnel
Policies, Administrative Policy Directives and Procedures (APDP) issued by the
City Manager and the Procedural Directives issued by the Chief of Police and
they shall apply to all bargaining unit members. Any changes to the Personnel
Policies, Administrative Policy Directives and Procedures Manual and Police
Procedures shall be copied to the PBA.
Section 2. In the event of any conflict between the terms of this Agreement,
the APDP, Police Procedures, or the Personnel Policies, this collective bargaining
agreement shall supercede to the effect that the in consistent terms and conditions
of this negotiated Agreement, if any, shall control.
Section 3. Existing employee benefits, attendance and leave and hiring
and employment practices contained in the Personnel Policies, the APDP and
Police Procedures and/or the General Orders are hereby incorporated herein and
shall apply to all bargaining unit members.
17
ARTICLE '13
Grievance Procedure
Section 1. In a mutual effort to provide harmonious working relations
between the parties to this Agreement, it is agreed to and understood by both
parties that there shall be a procedure for the resolution of grievances between the
parties arising from any alleged violation of the specific terms of this Agreement.
Grievances relating to alleged violations of the specific terms of this Agreement
shall be processed in the following manner.
Section 2. Verbal Grievance
Step 1
Whenever an employee has a grievance, he should first present it verbally to
his immediate supervisor. It is the responsibility of the supervisor to attempt to
arrange a mutually satisfactory settlement of the grievance within seven (7)
calender days of the time when it was first presented to him, or failing in that, must
within that time advise the employee of his inability to do so. Such contact between
the employee and supervisor shall be on an informal basis.
Section 3 Formal Grievance Procedure
Step 2
If the aggrieved employee is not satisfied with Step I answer, he/she may,
within seven (7) calendar days following the day on which he/she received the
Step 1 answer, reduce the grievance to writing and submit it to the Shift Sergeant.
The grievance shall be signed by the employee and shall specify: (a) the date of the
alleged grievance; (b) the specific article or articles and section or sections of this
Agreement allegedly violated; (c) the facts pertaining to or giving rise to the alleged
grievance; and (d) the relief requested. The Shift Sergeant may informally meet
18
with the grievant to address the grievance. A PBA representative may be present
at the meeting upon the grievant's request. The Shift Sergeant shall reach a
decision and communicate in writing to the aggrieved employee and PB^ within ten
(10) calendar days of receipt of the grievance.
Step 3
If the grievance is not resolved at Step 2, or if no written disposition is made
within the Step 2 time limits, he/she shall have the right to appeal the Step 2
decision to the Chief of Police or his/or her designee within seven (7) calendar days
of the due date of the Step 2 response. Such appeal must be accompanied by a
copy of the original written grievance, together with a signed request from the
employee requesting that the Step 2 decision be reversed or modified. The Chief
of Police or his/her designee may conduct a meeting with the grievant and his/her
PBA representative, if needed. The Chief of Police or his/or her designee shall,
within ten (10) calendar days after the presentation of the grievance (or such longer
period of time as is mutually agreed upon in writing), render his/her decision on the
grievance in writing to the aggrieved employee and PB^.
Step 4
If the grievance is not resolved at Step 3, or if no written disposition is made
within the Step 3 time limits, he/she shall have the right to appeal the Step 3
decision to the City Manager or his or her designee within seven (7) calendar days
of the date of the issuance of the Step 3 decision. Such appeal must be
accompanied by the filing of a copy of the original written grievance, together with a
request form signed by the employee requesting that the Step 3 decision be
reversed or modified. The City Manager or his/her designee may conduct a
meeting with the grievant and his/her PBA representative, if needed. The City
Manager or his/her designee shall, within ten (10) calendar days (or such longer
19
period of time as is mutually agreed upon in writing), render his/her decision in
writing to the aggrieved employee and PBA.
Section 4. A grievance not advanced to the higher step within the time limits
provided shall be deemed permanently withdrawn as having been settled on the
basis of the decision most recently given. Failure on the part of the City to answer
within the time limits set forth in any step will entitle the employee to proceed to the
next step. The time periods contained herein may be mutually waived or extended
due to unforseen circumstances.
Section 5. Where a grievance is general in nature in that it applies to a
number of employees having the same issue to be decided, it shall be presented
directly to the Chief of Police or his/her designee at Step 3 of the grievance
procedure, within the time limit provided for the submission of the grievance in
Step 1, and signed by the aggrieved employees or the PBA representative on
their behalf.
.Section 6 In the event a grievance relating to the interpretation of this
Agreement processed through the grievance procedure has not been resolved at
Step 4, the City or the PBA may submit the grievance to arbitration within ten (10)
calendar days after the City Manager (or a designee) renders a written decision on
the grievance, or the due date of that decision if no written decision is made. An
individual bargaining unit member may not proceed to arbitration without the
consent of the PBA. Matters relating to assignment, hiring, promotion, discipline or
discharge shall not be subject to arbitration and the City Manager's decision shall
be final and binding.
Section 7. The arbitrator may be any impartial person mutually agreed upon
by the parties. In the event the parties are unable to agree upon said impartial
arbitrator within ten (10) calendar days after the City or PBA request arbitration, the
parties shall jointly request a list of five (5) names from the Federal Mediation and
2O
Conciliation Service. Within ten (10) calendar days of receipt of the list, the parties
shall alternately strike names, the City striking first. The remaining name shall act
as the Arbitrator.
Section 8. The City and the PBA shall mutually agree in writing as to the
statement of the grievance to be arbitrated prior to the arbitration hearing, and
the Arbitrator shall confine his/her decision to the particular grievance specified.
In the event the parties fail to agree on the statement of the grievance to be
submitted to the Arbitrator, the Arbitrator will confine his/her consideration and
determination to the written statement of the grievance and the response of the
other Party. Copies of any documentation provided to the Arbitrator by either
party shall be simultaneously provided to the other party.
Section 9. The Arbitrator shall have no authority to change, amend, add
to, subtract from, or otherwise alter or supplement this Agreement or any part
thereof or amendment thereto. The Arbitrator shall have no authority to consider
or rule upon any matter which is stated in this Agreement not to be subject to
arbitration. The Arbitrator may not issue declaratory or advisory opinions.
Section 10. Copies of the Arbitrator's decision shall be furnished to both
parties within twenty (20) days of the closing of the Arbitration hearing. The
Arbitrator's decision will be final and binding on the parties.
Section 11. Each party shall bear the expense of its own witnesses and of
its own representatives for the purposes of the arbitration hearing. The impartial
Arbitrator's fee and any related expenses including any cost involved in
requesting a panel of arbitrators, shall be paid by the non-prevailing party. The
hearing room, shall be supplied and designated by the City. Any person desiring
a transcript of the hearing shall bear the cost of such transcript, unless both
parties mutually agree to share such cost.
21
Section 12. Unless otherwise agreed to by both parties, grievances under
this Agreement shall be processed separately and individually. Accordingly, only
one (1) grievance shall be submitted to an Arbitrator for decision in any given
case. Settlement of grievances prior to the issuance of an arbitration award shall
not constitute a precedent or an admission that the Agreement has been violated.
22
ARTICLE 14
Term of A.qreement
Section 1. This Agreement shall be effective upon ratification by the PBA and
the City, and shall continue through September 30, 1999.
Section 3. In the event a new collective bargaining Agreement is not reached
prior to the expiration of this Agreement, the terms and conditions of this Agreement
shall be binding upon the parties until the ratification of a new collective bargaining
Agreement.
Section 4. It is understood and agreed that this Agreement constitutes the total
agreement between the parties. The term of this Agreement shall not be amended, except
by the mutual written consent of the parties as they may from time to time agree.
This Agreement is made and entered into and executed this day of
,1999.
CiTY OF AVENTURA
DADE COUNTY POLICE BENEVOLENT ASSOCiATiON
Eric M. Soroka, City Manager
ATTEST:
City Clerk
John Riviera, President
Richard Lefkowitz, Representative
Michael Bentolila, Representative
Tyrone Williams, PBA General Counsel
Don D. Slesnick II, PBA Attorney
23
CITY OF AVENTURA
OFFICE OFTHECITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Commission
Eric M. Soroka, Cit(M~,
July 27, 1999
Disbursement of Police Forfeiture Funds
August 3, 1999 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission adopt the following Motion to Expend
Funds from the Police Forfeiture Fund:
"Motion authorizing the appropriation of up to $46,700 for furniture equipment,
tactical equipment and Drug and Crime Prevention programs from the Police
Forfeiture Fund in accordance with the City Manager's memorandum".
BACKGROUND
As per the attached Staff Report, the Police Chief has requested approval to
appropriate Police Forfeiture Funds as follows:
Purchase furniture and equipment for police substations in the amount of
$30,000.
Purchase tactical equipment in the amount of $10,000.
Provide funding for Drug and Crime Prevention programs in the amount of
$6,700.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0779-99
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
~-I
Eric M. Soroka, City~an~[~r
Tho~C~,~ o~,ce
July 22, 1999
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 $46,700.00
These items were not originally included in the Capital Budget for this fiscal
year.
· Furniture & Equipment $ 30,000.00
· Tactical Equipment $10,000.00
· Little Acorns $ 5,000.00
· Citizens Crime Watch $ 500.00
· McGruffCostume $ 1,200.00
Total Expenditure Request:
$ 46,700.00
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 not considered in the adoption and approval of the budget
of the Police Department.
Furniture and Equipment
Funds will be used to purchase furniture and equipment in order to open two
new sub-stations. The funds will be used to purchase desks, chairs, phones,
computer hardware and the first year utility costs.
Tactical Equipment
Miscellaneous tactical equipment for the SWAT team to include 3 ballistic vests,
3 radio headsets, 2 rifles, handguns, lights and uniforms.
Little Acorns, Citizens Crime Watch & McGruff
Law Enforcement Trust Fund procedures mandate that 15% of trust fund
proceeds be spent on Crime & Drug Prevention programs. Little Acorns Children
and Family Programs has been selected to receive a $5,000.00 donation to
assist in program funding. Citizens Crime Watch has also been selected to
receive a $500.00 donation. $1,200.00 will be used to purchase an Officer
McGruff costume and accessories. The costume is used for presentations at
schools, businesses and shopping centers.
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Commissio Cit~
Eric M. Soroka,
Brenda Kelley, Co~m~velopment Dire~
July 21, 1999 ~
Petition of the City of Aventura for Final Plat approval of the Aventura
Government Center (06-SUB-99)
August 3, 1999 City Commission Meeting Agenda Item r7 L~
RECOMMENDATION
It is recommended that the City Commission approve the Aventura Government Center
Final Plat.
THE REQUEST
The Applicant is requesting Final Plat approval of the subject property with the intent of
constructing a government center building. (Letter of Intent is attached as Exhibit #1)
BACKGROUND
OWNER OF PROPERTY
NAME OF APPLICANT
City of Aventura.
Brenda Kelley,
Director.
Community
Development
LEGAL DESCRIPTION
A Portion of Tract II of "Fifth Addition Biscayne
Yacht and Country Club" according to the plat
thereof as recorded in Plat Book 99 at Page 20
of the public records of Miami-Dade County,
LOCATION OF PRPERTY
SIZE OF PROPERTY
Florida. (Full legal description is attached as
Exhibit #2.)
The southwest corner of William Lehman
Causeway and West Country Club Drive. (See
Exhibit #3 for location map.)
Approximately 3.395 acres
DESCRIPTION/BACKGROUND
Prior to 1998, the site was platted as part of the Concord II development containing the
existing 10-story office building at 2999 NE 191 Street. In January, 1998 the City of
Aventura and the landowner entered into a Agreed Order of Taking whereby that portion
of the site that is the subject of this application was deemed condemned by the City. On
November 12, 1998 the City and the landowner agreed to a Stipulated Final Judgement
transferring ownership of the parcel to the City. The City of Aventura has since
commenced construction of its government center building.
ANALYSIS
Zoning - The zoning of the site is CF, Community Facilities District. The platting of the
tract is consistent with its zoning designation.
Future Land Use designation - The Future Land use designation for the property is
Town Center. The platting of the site and its proposed use are consistent with this
designation.
Access - Access to the site is from West Country Club Drive. No access easements
are required.
Conformity to City Land Development Regulations - A review of the plat indicates
that it meets all of the requirements of subsection 508.6.2 of the City of Aventura Land
Development Regulations.
2
CITY OF AVENTURA
GOVERNMENT CENTER
2999 N.E. ! 91 ST STREET
__~ ~f~ SUITE SOO
AVENTURA~ FLORIDA ;33180
July 19, 1999
ARTHUR [, SNYDER
Letter of Intent: Aventura Government Center Final Plat (06-SUB-99)
Please find attached an Application for Final Plat for the Aventura Government
Center subdivision. This site, approximately 3.395 acres in area, will be site of
the Aventura Government Center. It is currently a portion of Tract II of the Fifth
Addition, Biscayne Yacht and Country Club subdivision. On October 20, 1998 the
Miami-Dade County Department of Planning and Zoning determined that a new
plat is required because the subject site is a portion of a previously platted tract
that has not been re-subdivided.
If you have any questions, please feel free to call me at (305) 466-8940.
Sincerely,
Brenda Kelley,
Community Development Director
RECEIVED
JUL 1 9 1555
COMMIJ~IITY D£VELoPM£1VT
EXHIBIT #1
06-SUB-99
PHONE: 305-466-89OO ' FAX: 305-466-8939
I LAND DESCRIPTION
A PORTION OF TRACT II OF ~(FTH ADDITION BISCAYNE YACHT AND COUNTRY CLUB' ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 99 AT PAGE 20 OF THE PUBLIC RECORDS OF
MIAMI DAOE COUNTY, FLORIDA DESCRIBED AS FOLLOWS:
C0N~dENCE AT THE NORTHWEST CORNER OF SAID TRACT Il; THENCE NORTH 87'32'00' EAST
ALONG THE NORTH LINE OF SAID TRACT Il FOR 334.64 FEET TO A POINT OF CURVE; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 5829.58
FEET AND A CENTRAL ANGLE OF 00°42'04' FOR AN ARC DISTANCE OF 71.33 FEET TO A POINT
ON THE ARC OF A CURVE CONCAVE TO THE NORTHEAST, SAID POINT BEARS SOUTH 09050'42-
WEST FROM THE CENTER OF SAID CURVE; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID
CURVE TO THE LEFT HAVING A RADIUS OF 1290.92 FEET AND A CENTRAL ANCLE OF 09°08'59'
FOR AN ARC DISTANCE OF 206.15 FEET; THENCE NORTH 83o59'O9° EAST FOR 157.94 FEET TO
THE POINT OF BEGINNING OF THE HEREIN DESCRIBE0 PARCEL OF LAND~ THENCE CONT[NUE
ALONG THE LAST DESCRIBED COURSE FOR 78.63 FEET TO A POINT ON THE ARC OF A CURVE
CONCAVE TO THE NORTHWEST; SAID POINT BEARS SOUTH 0T°28'15' EAST FROM THE CENTER OF
SAID CURVE~ THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG THE NORTH
LINE OF SAID TRACT II, HAVING A RAOIUS OF 5864.58 FEET AND A CENTRAL ANGLE OF
04°57'33~ FOR AN ARC DISTANCE OF 507.60 FEET~ THENCE NORTH 81'46'45' EAST FOR 91.05
FEET TO THE EAST LINE OF SAID TRACT II; THENCE SOUTH O3oOO'53- EAST ALONG THE EAST
LINE OF SAID TRACT II FOR 293.46 FEET TO THE SOUTHEAST CORNER OF SAID TRACT lit
THENCE SOUTH 87e35'46~ WEST ALONG THE SOUTH LINE OF SAID TRACT II FOR 550.00 FEET;
THENCE NORTH 02'2?'24' WEST FOR 5G.00 FEET TO A POINTt THENCE SOUTH 87°32'3G' WEST
FOR 125.00 FEET TO A POINT; THENCE NORTH 02°27'24' WEST FOR 156.74 FEET TO THE
POINT OF BEGINNING.
LESS THEREFROM THE FOLLOWING DESCRIBED PARCEL;
BEGIN AT THE SOUTHEAST CORNER OF SAID TRACT II; THENCE RUN NORTH 03o00'33' WEST,
ALONG THE EAST LINE OF SAID TRACT II, FOR A DISTANCE OF 293.46 FEET TO THE POINT
OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE ROAD NO. 852, ALSO
KNOWN AS THE 'WILLIAM LEHMAN CAUSEWAY' OR N.H. 192nd STREET; THENCE RUN SOUTH
81'46'45~ WEST, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, FOR 56.33 FEETi TRENCH
LEAVING SAID RIGHT-OF-WAY LINE, RUN SOUTH 03°OO'33' EAST FOR II.OD FEET~ THENCE RUN
NORTH 86'59'27~ EAST, FOR 12.10 FEETI THENCE RUN SOUTH 03'OO'33" EAST, ALONG A
LINE 44.00 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID TRACT II, FOR
2?6.88 FEET TO THE POINT OF iNTERSECTION WITH THE SOUTH LINE OF SAID TRACT
THENCE RUN NORTH 87°35'46' EAST, ALONG SAID SOUTH LINE OF TRACT Il, 44.O0 FEET TO
THE SOUTHEAST CORNER OF SAID TRACT [I, BEING THE POINT OF BEGINNING.
SAID LANDS LYING IN THE CITY OF AVENTURA, MIAMI DADE COUNTY, FLORIDA. CONTAINING
147,884 SQUARE FEET (3.395 ACRES), MORE OR LESS.
EXHIBIT #2
06-SUB-99
SITE
EXHIBIT #3
LJB-99
LEGEND
#2
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING THE
AVENTURA GOVERNMENT CENTER FINAL PLAT
SECTION 3, TOWNSHIP 52, RANGE 42 CITY OF
AVENTURA, MIAMI-DADE COUNTY, FLORIDA;
PROVIDING FOR RECORDATION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Aventura, by and through Application No. 06-SUB-99,
has requested Final Plat approval for the Aventura Government Center, Section 3,
Township 52, Range 42, City of Aventura, Miami-Dade County, Florida, the Final Plat
being incorporated herein by reference and made a part of this Resolution as Exhibit
#1; and
WHEREAS, the City Commission reviewed and duly considered the reports,
findings and recommendations of the City Administration, finds that Final Plat approval
is in the best interests of the citizens of the City of Aventura.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The final plat for Aventura Government Center, Section 3, Township
52, Range 42, of the Public Records of Miami-Dade County, Florida as more
particularly described as:
Resolution No.
Page 2
A PORTION OF TRACT II OF "FIFTH ADDITION
BISCAYNE YACHT AND COUNTRY CLUB" ACCORDING
TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK
99 AT PAGE 20 OF THE PUBLIC RECORDS OF MIAMI-
DADE COUNTY, FLORIDA
and legally described as attached Exhibit #2, is hereby granted exclusively to the
Applicant.
Section 2.
face of the Plat.
Section 3.
Dade County, Florida.
Section 4. This
adoption.
The City Manager and City Clerk are hereby authorized to sign the
This Resolution shall be recorded in the Public Records of Miami-
Resolution shall become effective immediately upon its
The foregoing Resolution was offered by
its adoption. The motion was seconded by
put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
, who moved
, and upon being
Resolution No.
Page 3
PASSED AND ADOPTED this 3~ day of August, 1999.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SOROKA, CMC/AAE
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Resolution was filed in the Office of the City Clerk this __
day of ,1999.
CITY CLERK
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Commission
Brenda Kelley, C~'mm0~.y~velopment Direct
July 23, 1999
Petition of Trafalgar Associates, Ltd. for Final Plat approval of a Replat of
Aventura Lakes Phase I (03-SUB-99)
August 3, 1999 City Commission Meeting Agenda Item '~"
RECOMMENDATION
It is recommended that the City Commission approve the Final Plat of a Replat of
Aventura Lakes Phase I.
THE REQUEST
The Applicant is requesting Final Plat approval of the subject property with the intent of
shifting the location of one lot line, thereby reconfiguring two individual building lots.
(Letter of Intent is attached as Exhibit #1)
BACKGROUND
OWNER OF PROPERTY
NAME OF APPLICANT
LEGAL DESCRIPTION
Trafalgar Associates, Ltd.
Trafalgar Associates, Ltd.
Lot 18 and 19, Block 6 of AVENTURA LAKES
PHASE I according to the plat thereof as
recorded in Plat Book 153 at Page 8 of the
Public Records of Miami-Dade County, Florida.
LOCATION OF PROPERTY 20883 and 20895 NE 32 Avenue. (See Exhibit
#2 for location map.)
SIZE OF PROPERTY
Approximately 14,712 square feet (0.34 acres).
DESCRIPTION/BACKGROUND
The applicant requests a replatting of the existing Phase I of Aventura Lakes to facilitate
a shifting of the lot line separating Lots 18 and 19 of Block 6. This will create two new
lots, 18-A and 19-A, which will have more nearly equal lot area and street frontage.
ANALYSIS
Zoning - The zoning of the site is RS2, Residential Single Family District. The platting
of the tract is consistent with its zoning and a Vested Rights Determination Agreement
entered into by the City and the Applicants on July 9, 1999.
Future Land Use Designation - The Future Land Use designation for the property is
Medium High Density Residential. The platting of the site and its proposed use are
consistent with this designation.
Access - Access to both lots are from NE 32 Avenue. No access easements are
required.
Conformity to City Land Development Regulations - A review of the plat indicates
that it meets all of the requirements of subsection 508.6.2 of the City of Aventura Land
Development Regulations.
2
FORD, ARMENTERO$ G MANUCY, INC,
April 12, 1999
Ms. Brenda Kelly, Director
City of Aventura Community Development Department
2999 NE 191st Street, Suite 500
Aventura, FL 33180
Re: AVENTURA LAKES PHASEIREPLAT
RECEIVED
APR I 3 )999
COMM~flrl3' DEVELOPMENT
Dear. Ms. Kelly:
This firm has been retained by Trafalgar Associates of Aventura, Ltd., to prepare
and submit the attached app)ication for Final Plat for the repiatting of the above
subject project. The proposed modifications to Lots 18-A and 19-A are to adjust
the lot layout by straightening the lot line and provide a more accurate geometric
description.
Approval of this application shall serve to benefit the public by providing lots
which would be more appeasing to the market demand.
You will find these changes substantially compliant with the originally approved
site ptan.
Based on the foregoing, we respectfully request your department's favorable
review and recommendation of this application. Should you have any questions
or require additional information, do not hesitate to contact me.
Thank you for your department's usual courtesy and consideration.
For The Firm
cc: Trafalgar Associates of Aventura, Ltd.
1950 NW 94'" Avenue · :3"" Fluor
EXHIBIT #1
"O5.477.6472 · Fax 305.470.2805
' 03-SUB-99
SITE
LEOEND0
BIT #2
03-SUB-99i
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA APPROVING THE
AVENTURA LAKES PHASE I (REPLAT) FINAL PLAT
SECTION 34, TOWNSHIP 51, RANGE 42 CITY OF
AVENTURA, MIAMI-DADE COUNTY, FLORIDA;
PROVIDING FOR RECORDATION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Trafalgar Associates, Ltd., by and through Application No. 03-SUB-
99, has requested Final Plat (replat) approval for Aventura Lakes Phase I, Section 34,
Township 51, Range 42, City of Aventura, Miami-Dade County, Florida, the Final Plat
being incorporated herein by reference and made a part of this Resolution as Exhibit
#1; and
WHEREAS, the City Commission reviewed and duly considered the reports,
findings and recommendations of the City Administration, finds that Final Plat (replat)
approval is in the best interests of the citizens of the City of Aventura.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The final plat (replat) for Aventura Lakes Phase I, Section 34,
Township 51, Range 42, of the Public Records of Miami-Dade County, Florida as more
particularly described as:
LOT 18 AND 19 OF AVENTURA LAKES PHASE
ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 153 AT PAGE 8 OF THE PUBLIC RECORDS
OF MIAMI-DADE COUNTY, FLORIDA.
Resolution No.
Page 2
is hereby granted exclusively to the Applicant.
Section 2,
face of the Plat.
Section 3.
The City Manager and City Clerk are hereby authorized to sign the
This Resolution shall be recorded in the Public Records of Miami-
Dade County, Florida, all costs to be borne by the applicant.
Section4. This Resolution shall become effective immediately
adoption.
The foregoing Resolution was offered by
its adoption. The motion was seconded by
put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 3'd day of August, 1999.
upon its
, who moved
, and upon being
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SOROKA, CMC/AAE, CiTY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Resolution No,
Page 3
This Resolution was filed in the Office of the City Clerk this __ day of
,1999.
TERESA M. SOROKA, CMC/AAE, CITY CLERK
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Commission ~ [
Eric M. Soroka, ~t~c..G~-F~tr
July 28, 1999 ~
Ordinance Providing Additional Homestead Exemption for Elderly
Ist Reading August 3, 1999 City Commission Meeting Agenda Item "7'/~'
2nd Reading September 7, 1999 City Commission Meeting Agenda Item __
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance providing
for an additional $25,000 Homestead Exemption for Floridians over 65 years of age
with an annual income of less than $20,000. This matter was discussed at the July
Workshop Meeting. The estimate revenue loss to the City is between $15,000 to
$50,000. The County has taken action to adopt a similar Ordinance for the County tax
assessments.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0780-99
TO:
FROM:
DATE:
SUBJECT:
THE CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEI
June 23, 1999
IORANDUM
ty Manager~~)
Homestead Exemption for Elderly
Governor Bush recently signed into law an additional $25,000 homestead exemption
for Floridians over 65 years of age and with an annual income of less than $20,000.
Attached is a recent article on the law and a copy of the legislation adopted by the
State Legislature.
An Aventura resident called this week to ask how the City would be enacting this new
law. I spoke with Angela Newman with the Miami-Dade County Property Appraiser's
Office, who informed me that cities must pass an ordinance accepting the law. After
the ordinance is enacted, we must forward a copy to her office for enactment.
I marked the language in the bill, which authorizes municipalities to enact the law.
Because this office will surely receive more calls from elderly residents regarding this
law, I recommend forwarding this issue to the City Attorney for review and
recommendation.
Please let me know if you have any questions or need additional information.
~~
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Senate Bill 0384 http:/A~ww.lcg.statc 11 us/scsskm/ /billlcxt/hmWbilltcxt/sb03g4 hlml
Senate Bill 0384
COOING: Words stricken are deletions; words underlined are additions.
Florida Semate - 1999
By Senators Gutman and Meek
SB 384
13
14
16
17
19
2O
21
22
23
24
25
26
34-423A-99
1 A bill to be entitled
2 An act relating to homestead exemption;
3 creating s. 196.075, F.S.; authorizing boards
4 of county commissioners and municipal governing
5 authorities to grant by ordinance an additional
6 homestead exemption for persons 65 and older
7 whose household income does not exceed a
8 specified amount; defining the terms
9 "household" and "income"; providing
requirements for the ordinances; providing a
penalty; providing an effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Section 196.075, Florida Statutes, is
created to read:
196.075 Additional homestead exe~Dtion for persons 65
and older.--
/ ' As used in this section, the term:
(a) "Household" means a person or group of persons
livin~ coqether in a goom or qroup o~ rooms as a hous[n~___uniLc
but the term does not include persons boarding in or tontine a
~or~ion of the dweiiinq. When the houseno!d includes a husband
Senate Bill 0384
http.!!www.kg.stak.l1.u.;.cssion;;billtc\t/htmlibillk\l!.bl)1 X.( 1\\1\\
27 income is the total of the two separate returns.
28
Ib)
"Income" means the adlusted qross income. as
29 defined in s. 62 of the United States Internal Revenue ~Gde,
30 of all members of a household.
31
1
CODING: Words atlicku. are deletions; words underlined are additions.
Florida Senate - 1999
34-423A-99
SB 384
1
(2)
In accordance with s. 6(f), Art. VII of the State
2 Constitution. the board of county commissioners of any count v
3 or the GoverninG authority of any munic_loalitv maL adoPt an
4 ordinance to allow an additional homest~ad sxemotion of '.lP to:)
5 $25.000 for any person who has the leaal or eauitac:e title to
6 real estate and maincainE ther~on the Derman~~t r~sidence of
7 thE' owner, '..;ho has attained aoe 65, and whose household ir;c;ome
8 does not exceed $22,000.
9
~Beqinninq January 1. 2001, the $20,000 income
10 limitation will be increased bv the oercentaae chanae in tne
11 Consum~r Price Index for All Urban Consumers. U.S. City
12 Averaqe, all leems 1967001::,0, or successor reoort;s ::0:: thE::
13 precedinq calendar year as initially reported bv the United
14 States DeDar~ment of Labor, Bureau of Labor Statistics.
15
i..1..l. An ordinance qrantino additio~al_ homestead
16 exemption as authorized bv this section_must meet the
17 followinq reouirements:
18
~It must oe_adopted under cne procedures for
19 9dc.Q.tior. of a nonemeroencY...<Jrdinar.ce sp~cified ~" Ch0S:~X~-.12S
2 0 IT__-=i_l?_Q.9..-r:~~_.._~ _ '~:CL;D tl_,";:.2DJ~r:'-,--_$~;,_], c:)n~:.15_
,--"-.---,....;-'-':'~--
~2
21
. .
:Tii~:r. :. ~~A___2.9.:'!-''!.~':L- :'.<'1 _}--2-"L;l--S; r .:.. ::. \'_,
22
--.LL__.I_:_ :ni..iS:: ~~C-=:;lr\' ~~_~;__cne -2x-o,r"t)U..:.:~~ _~~.12L:.~_--""~;::; -~'C--'-~
"I"
Senate Bill I)31'14 http//www eg state il us/scssio~v'. % tcxt/t~ m/billtcx~Ysb0384 hlml
23 taxes levied by the unit cf qovernment qrantio~ ~he exemption.
24 Unless otherwise specified= this exemption will apply to all
25 tax levies of the county or municipality qrantinq the
26 exemption.
27 (c) It must specify the amount of the exemption, whic__h
28 may not exceed
29 (d) I~ must require that a taxpayer claiminq the
30 exemption annually submit to the property appraiser, not late~r.
31 than March 1, a sworn statement of hou___sehold income on a form
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1999
34-423A 99
SB 384
6
7
8
9
12
19
1 prescribed by the Department of Revenue. The proper~
2 appraiser Nay not qrant the exemDuien witMouu the required
3 documentation.
4 {5) The board of coun%¥ comn~issioners or municipal
qoverninq authority ~lust deliver a copy of any ordinance
adoeted under uhis sect!on ~e uhe prsperny appraiser no iaEer
will take effect, if ihe crdinanse ms reDeaied, the board of
county commissioners or municmpa~ qcverninq authority shai~
notify the DroDerny appraiser no la,er than December I of the
year prior to the year Lhe
false statement o~ eli~%b~it~ for an additional hon~estead
exemption under this section.
SENATE SUMMARY
Senate Bill 0384
http://www.leg.state.l1.us/session!../billtex t/htmllbilltex lisbm 84 him I
20
Authorizes boards of county commissioners and municipal
21 governing authorities to grant by ordinance an additional
homestead exemption of up to $25,000 for persons 65 and
22 older whose household income does not exceed $20,000,
adjusted annually for changes in the Consumer Price
23 Index.
24
25
26
27
28
29
30
31
3
CODING: Words .::'ltrid((:L are deletions; words underli:-1ed are additions.
1 ,~r 1
From:
Date:
To:
Bulletin: PTA-99-06
John R. Everton
June 25, 1999
Property Appraisers
Tax Collectors
taxing Authorities
FLORIDA DEPARTMENT OF REVENUE
PROPERTY TAX BULLETIN
ADDITIONAL HOMESTEAD EXEMPTION FOR PERSONS 65 AND OLDER
The 1999 Legislature enacted Chapter 99-341, Laws of Florida, effective July 1, 1999
(see Co~nmittee Substitute tor Committee Substitute for House Bill 29'1). This new
legislation creates section 196.075, Florida Statutes, in accordance with express
authority provided in a recent revision of the State Constitution approved by electors of
Florida at the November 3, 1998, general election, which took effect January 1, 1999
(see Section 6(f), Article VII, of the Florida Constitution, and 1998 House Joint
Resolution 3151). The law allows both counties and municipalities, through adoption of
an ordinance, to each grant an additional homestead tax exemption of up to $25,000 to
resident homeowners who have legal or equitable title to the real estate, who are at
least 65 years of age on January 1 of the year for which the application for exemption is
made and whose annual household income for the prior year does not exceed ~,zu,000.
The law defines the terms "household" and "household income" and provides for a cost-
of-living increase for the income limitation beginning January 1, 2001. A copy of the new
law is attached to this bufferin.
This new legislation provides that tl~e county or municipal ordinance must be adopted
b_}, December 1 pursuant to the procedures contained in section 125.66(2), Florida
Statutes, for addption of a non-emergency ordinance. The exemption can apply only to
taxes levied by the unit of government granting the exemption; and, unless otherwise
specified, such exemption will apply to all tax levies of the county or municipality
granting the exemption, including dependent special districts and municipal service
taxing units. 'The amount of the exemption, which cannot exceed $25,000, must also be
specified in the ordinance. If the unit of government granting the exemption specifies a
different amount for dependent special districts or municipal service taxing units, the
exemption amount must be a uniform amount in all dependent special districts or
municipal service taxing districts within the county or municipality. The ordinance must
also require a taxpayer claiming the exemption to annually submit a sworn statement of
household income, on a form prescribed by the Department of Revenue, to the property
appraiser not later than March 1.
The new law authorizes the Department of Revenue to prescribe rules and forms
pertaining to the exemption. The Department is developing forms and rules to
implement this new law, which will take effect by January 1, 2000. Interested parties
should provide input in the rulemaking process during the summer and fall of 1999.
(Over)
Persons entitled to the regular homestead exemption may apply for the additional
homestead exemption provided by the new law. The new law requires the applicant
taxpayer to submit to the property appraiser, by March 1, a sworn statement of adjusted
gross income of the household for the prior year. Persons applying should be
encouraged to file the necessary supporting income documentation, if available, along
with the sworn statement of adjusted household income that is required to be filed with
the property appraiser no later than March 1. If this required sworn statement is filed
timely, the law allows applicants three additional months, until June 1, to provide the
required supporting income documentation to the property appraiser if more time is
needed.
Persons receiving the additional homestead exemption are subject to the provisions of
sections 196.131 and 196.161, Florida Statutes, pertaining to wrongful receipt of a
homestead exemption. If title to the property is held jointly with right of survivorship, the
person residing on the property and otherwise. qualifying may receive the ~ntire amount
of the additional homestead exemption.
The board of county commissioners or municipal governing authority must notify the
property appraiser of the adoption of an ordinance no later than December 1 of the year
prior to the year the exemption takes place. Therefore, this exemption will be available
for the first time in tax year 2000. If the ordinance is later repealed the board of county
commissioners or municipal governing authority must notify the property appraiser of
the adoption of an ordinance no later than December 1 of the year prior to the year the
exemption expires.
In those counties and municipalities where this additional exemption is granted by local
ordinance, the property appraiser wil! be responsible for receiving applications for the
new exemption, evaluating the applications and their supporting documentation,
informing citizens if their application was accepted or rejected, and applying the
exemption to the tax roll. The property appraiser will have to ascertain which cities, if
any, have adopted an exemption ordinance, and for how much, as well as the amount
of any county exemption ordinance in existence; and, monitor the repeal of any
exemption ordinances.
This information is being furnisher! by the Dep8rtment of Revenue to advise interested
parties of legislative action taken during the 1999 session. If you have questions
regarding the administration of this new law and wish to discuss them, you may call
Jeffrey Picker at (850) 488-0712.
JRE/cs
Attachment
196.075 Additional homestead exemption for persons 65 and older. -
(1) As used in this section, the term:
(a) "Household" means a person or group of persons living together in a room or group of
rooms as a housing unit, but the term does not include persons boarding in or renting a
portion of the dwelling.
(b) "Household income" means the adjusted gross income, as defined in s. 62 of the United
States Internal Revenue Code, of all members of a household.
(2) In accordance with s. 6(f), Art. VII of the State Constitution, the board of county
commissioners of any county or the governing authority of any municipality may adopt an
ordinance to allow an additional homestead exemption of up to $25,000 for any person who
has the legal or equitable title to real estate and maintains thereon the permanent residence of
the owner, who has attained age 65, and whose household income does not exceed $20,000.
(3) Beginning January 1, 2001, the $20,000 income limitation shall be adjusted annually, on
January 1, by the percentage change in the average cost-of-living index in the period January
1 through December 31 of the immediate prior year compared with the same period for the
year prior to that. The index is the average of the monthly consumer-price-index figures for
the stated 12-month period, relative to the United States as a whole, issued by the United
States Department of Labor.
(4) An ordinance ~rantincj additional homestead exemption as authorized by this sectiun
must meet the following requirements:
(a) It must be adopted under the procedures for adoption of a nonemergency ordinance
specified in chapter 125 by a board of county commissioners, or chapter 166 by a municipal
governing authority.
(b) It must specify that the exemption applies only to taxes levied by the unit of government
granting the exemption. Unless otherwise specified by the county or municipality, this
exemption will apply to all tax levies of the county or municipality granting the exemption,
including dependent special districts and municipal service taxing units.
(c) It must specify the amount of the exemption, which may not exceed $25,000. If the
county or municipality specifies a different exemption amount for dependent special districts
or municipal service taxing units the exemption amount must be uniform in all dependent
special districts or municipal service taxing units within the county or municipality.
(d) It must require that a taxpayer claiming the exemption annually submit to the property
appraiser, not later than March 1, a sworn statement of household income on a form
prescribed by the Department of Revenue.
(5) The department must require by rule that the filing of the statement be supported by
copies of any federal income tax returns for the prior year, any wage and earnings statements
(W-2 forms), and any other documents it finds necessary, for each member of the household,
to be submitted by June 1. The taxpayer's statement shall attest to the accuracy of such
copies. The property appraiser may not grant the exemption without the required
documentation.
(6) The board of county commissioners or municipal governing authority must deliver a
copy of any ordinance adopted under this section to the property appraiser no later than
December 1 of the year prior to the year the exemption will take effect. If the ordinance is
repealed, the board of county commissioners or municipal governing authority shall notify the
property appraiser no later than December 1 of the year prior to the year the exemption
expires.
(7) Those persons entitled to the homestead exemption in s. 196.031 may apply for and
receive an additional homestead exemption as provided in this section. Receipt of the
additional homestead exemption provided for in this section shall be subject to the provisions
of ss. 196.131 and 196.161, if applicable.
(8) If title is held jointly with right of survivorship, the person residing on the property and
otherwise qualifying may receive the entire amount of the additional homestead exemption.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, RELATING TO AD VALOREM TAXATION;
PROVIDING FOR AN ADDITIONAL HOMESTEAD
EXEMPTION FOR CERTAIN QUALIFYING SENIOR
CITIZENS TO BE APPLIED TO MILLAGE RATES LEVIED
BY THE CITY, PROVIDING REQUIREMENT OF ANNUAL
APPLICATION AND SUBMISSION OF SUPPORTING
DOCUMENTATION; PROVIDING FOR WAIVER OF
EXEMPTION; PROVIDING FOR AN ANNUAL INCREASE
IN THE INCOME LIMITATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; AND PROVIDING FOR EFFECTIVE DATE.
WHEREAS, on November 3, 1998, voters approved an amendment to the
Florida Constitution providing for an increased homestead exemption to certain
qualifying senior citizens; and
WHEREAS, this City Commission desires to implement the additional homestead
exemption for qualifying senior citizens in accordance with the provisions of Section
196.075 of the Florida Statutes, as created by the 1999 session of the Florida
Legislature through its enactment of HB 291.
IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. In accordance with Section 6(f), Art. VII of the Florida Constitution
and Section 196.075 of the Florida Statutes, any person 65 years of age or over who
has legal or equitable title to real estate located within the City of Aventura ("City") in
Miami-Dade County and maintains thereon his/her permanent residence which
residence qualifies for and receives homestead exemption pursuant to Section 6(a), Art.
VII of the Florida Constitution, and whose household income does not exceed
Resolution No. 99-__
Page 2
$20,000.00 shall be entitled to make application for an additional homestead exemption
of $25,000.00. This additional homestead exemption, if granted, shall be applicable to
all ad valorem tax millage rates levied by the City.
Section 2. Every person claiming the additional homestead exemption pursuant
to this Ordinance must file an application therefore with the Miami-Dade County
Property Appraiser no later than March 1 of each year for which such exemption is
claimed. Such application shall include a sworn statement of household income for all
members of the household and shall be filed on a form prescribed by the Florida
Department of Revenue. On or before June 1 of each year every applicant must file
supporting documentation with the Property Appraiser. Said documentation shall
include copies of all federal income tax returns, wage and earning statements, and such
other documentation as required by the Property Appraiser, including documentation
necessary to verify the income received by all of the members of the household for the
prior year.
Section 3. Failure to file the application and sworn statement by March 1 or
failure to file the required supporting documentation by June 1 of any given year shall
constitute a waiver of the additional exemption privilege for that year.
Section 4. This additional exemption shall be available commencing with the
year 2000 tax roll, and the Property Appraiser may begin accepting applications and
sworn statements for the year 2000 tax roll as soon as the appropriate forms are
available from the Department of Revenue.
Section 5. Commencing January 1, 2001, and each January 1 thereafter, the
$20,000.00 annual income limitation in this Ordinance shall be adjusted annually and
Resolution No. 99-__
Page 3
applicable as of January 1 of that year. The annual income limitation shall be adjusted
by the percentage of change in the average cost-of-living index for the immediately
preceding calendar year compared with the average cost-of-living index for the calendar
year immediately prior to that year. As used herein "index" shall be the average of the
monthly consumer-price index figures for the stated period, for the United States as a
whole, issued by the United States Department of Labor.
.Section 6. The City Clerk shall within 30 days of the adoption of this Ordinance,
but prior to December 1, 1999, deliver a copy of this Ordinance to the Miami-Dade
County Property Appraiser.
Section 7. Severabilit¥. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 8. Inclusion in the Code. It is the intention of the City Commission, and it
is hereby ordained that the provisions of this Ordinance shall become and made a part of
the Code of the City of Aventura; that the sections of this Ordinance may be renumbered
or relettered to accomplish such intention; and that the word "Ordinance" shall be changed
to "Section" or other appropriate word.
Section 9. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
Resolution No. 99-__
Page 4
The foregoing Ordinance was offered by Commissioner
moved its adoption on first reading. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Commissioner
moved its adoption on second reading. The motion was seconded by Commissioner
1999.
and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 3rd day of August, 1999.
PASSED AND ADOPTED on second reading this __ day of
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SOROKA, CMC/AAE
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY A3-rORNEY
4
CITY OF AVENTURA
OFFICE OFTHECITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Commission _~
Eric M. Soroka, C~/lv aI ~
July 23, 1999 ~,v ~,
Resolution Adopting in Principle the Capital Improvement Program
Document 1999/00 to 2003/2004
August 3, 1999 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution adopting, in
principle, subject to annual revision and authorization, the Capital Improvement
Program for 1999/00 to 2003/04.
BACKGROUND
The 1999/00 to 2003/04 Capital Improvement Program document represents the
second update of the CIP that was originally prepared for the five-year cycle of 1997 to
2002. The document was reviewed at the May Commission Workshop Meeting.
Since the Workshop Meeting, more up-to-date revenue and expenditure information
was available relating to the five-year projections.
The preliminary assessed taxable valuable amount for the City provided by the Property
Appraisers Office rose 10%, not 2.5% as originally projected. The operating
expenditures for the 1999/00 Fiscal Year were revised to reflect the proposed budget
amounts to be submitted to the City Commission. The operating expenditure increase
will only be 10% not 12% as originally projected. The revenue associated with the
Interim Service Fee were deleted.
Based on the results of these revisions, $2,100,000 was added to the anticipated
reserve at the end of the five-year period. The reserve in the fifth year increased from
$3,644,924 to $5,769,173.
Memo to City Commission
Page 2
In addition, based on the July Workshop Meeting, references relating to the location of
the proposed Cultural Center were revised to reflect a non-specified location at this
time. The document including all revisions is attached.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0776-99
RESOLUTION NO. 99-.__
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, ACCEPTING AND
ADOPTING IN PRINCIPLE, SUBJECT TO ANNUAL
REVISION AND AUTHORIZATION, THE CITY OF
AVENTURA CAPITAL IMPROVEMENT PROGRAM
DOCUMENT FOR FISCAL YEAR 1999/00 TO 2003104;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Capital Improvement Program document for fiscal years
1999/00 to 2003/04, attached hereto was presented and recommended to the City
Commission of the City of Aventura by the City Manager as a long term plan of
proposed capital expenditures, the means and methods of financing the projects and
an action plan for the implementation of the projects; and
WHEREAS, the City Commission recognizes the need to adopt a Capital
Improvement Program to address Beautification and Parks, Roads, Drainage and
Infrastructure Improvements, Public Buildings and Facilities, Communications and
Computers and Capital Equipment Purchase and Replacement which represents a
commitment by the community toward achievement and maintenance of a desirable
high quality of life for all residents; and
WHEREAS, the City Commission recognizes the need to formulate a Capital
Improvement Program which adopts a sound financing plan that includes both pay-as-
you-go and financing. The City Commission pledges that until October 1, 2001, they
will not take action to increase ad valorem taxes to support additonal debt service
requirements other than what is provided for in the proposed Capital Improvement
Program document (not including the Cultural Center project) or required by the City's
Resolution No. 99-__
Page 2
Comprehensive Plan or such other County or State legislation requring or causing
same, without a vote of the electors of the City of Aventura. However, in no event shall
the public's health, safety, welfare or best interests be jeopardized or the City's ability
to react to unforeseen emergencies or provide services to the community be limited in
order to avoid additional debt or tax increases. The proposed Cultural Center project
financing utilizing General Obligation Bonds will require a vote of the electors of the
City; and
WHEREAS, in the event operating expenditures increase at a higher level than
expected, or unanticipated events reduce key revenue sources, on an annual basis the
City Commission will endeavor to reprioritize projects or revise the schedules in order
to eliminate the need for ad valorem tax rate increases during the next three years
(1999-2002). However, in no event shall the public's health, safety, welfare or best
interests be jeopardized or the City's ability to react to unforeseen emergencies or
provide services to the community be limited in order to avoid tax increases; and
WHEREAS, the City Commission has reviewed the Capital Improvement
Program document at a public meeting of the City Commission and wishes to adopt
said document in concept.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission of the City of Aventura hereby accepts and
adopts in principle, subject to annual revisions and authorization, the City of Aventura
Resolution No. 99-__
Page 3
Capital Improvement Program document for fiscal years 1999/00 to 2003~04 attached
hereto and incorporated herein as specifically as if set at length herein.
Section 2. The City Manager of the City of Aventura, Florida be and the same
is hereby authorized to do all things necessary and expedient in order to carry out the
aims of this Resolution.
Section 3. This Resolution shall take effect immediately upon 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 Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 3'~ day of August, 1999.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SOROKA, CMC/AAE
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka,
DATE: July 23, 1999
SUBJECT: Resolution Approving
Transfer
of Cablevision
Communications
Cable Television Franchise to Charter Communications Operating,
L.L.C.
August 3, 1999 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution approving
the transfer of the Cablevision Communications Cable Television Franchise from
Interlink Communications Partners to Charter Communications Operating, L.L.C.
BACKGROUND
Interlink Communications Partners has filed an application for the transfer of the
Cablevision Communications Cable Television Franchise to Charter Communications
Partners.
The City's Cable Franchise Ordinance requires City Commission approval of the
proposed transfer. The Ordinance and Cable Television Franchise also provides that
certain specific information on the proposed transaction, including details on legal,
financial, technical and other qualifications, be submitted and reviewed by the City. In
addition, the applicant was required to provide written acceptance of the terms and
conditions of the Franchise Agreement as evidenced by Exhibit "A" attached hereto.
Based on a careful review of the information provided to the City by the City's cable
television legal firm, Leibowitz & Associates, P.A., the transfer is recommended. The
recommendation is based on the terms and conditions comparable to those on which
the City conditioned the grant of approval to the TCI / AT&T transfer.
if you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0775-99
BRAULIO L. BAEZ
JOSEPH A. BELISLE
ILA L, FELD
ALLISON K, HIFT
MATTHEW L. LEIBOWITZ
LEItlOWITZ ~c ASSOCIATES, P.A.
SUITE 1450
SUNTRUST INTERI~ATIONAL CENTER
ONE SOUTHEAST THIRD AVENUE
TELEPHONE (305) 530- I 3~
TELECOPIER (305) 530-94l 7
E-MAIL Broadlaw@aoI.com
July 12, 1999
VIA FEDERAL EXPRESS
Mr. Eric Soroka
City Manager
City of Aventura
2999 NE 191~' Street, Suite 500
Aventura, FL 33180
RE:
InterLink Communications Partners, L.L.L.P.
Cable Television Franchise Transfer
Dear Eric:
On May 26, 1999, the City of Aventura, Florida received a letter to you from Dale D.
Wagner, InterLink Communications Partners, L.L.L.P. ("InterLink"), dated May 10, 1999 as well
as the FCC Form 394 attached thereto requesting the City's grant of consent to the proposed transfer
of the Cablevision Cable Television system from InterLink to Charter Communications Operating,
L.L.C.
Mr. Wagner's letter states that InterLink Communications Partners, L.L.L.P. and Charter
Communications, Inc. and each of the general and limited partners of InterLink have entered into a
Purchase and Sale Agreement providing for the acquisition by Charter directly or indirectly of all
the partnership interests in InterLink, which Agreement will be subsequently assigned to Charter
Communications Operating, L.L.C. Thus, federal, state and local law relevant to transfers is
applicable.
Federal law provides local franchising authorities such as the City of Aventura with the
authority to approve transfers or sales of cable television systems, including transactions such as the
InterLink - Charter transaction. Under current Federal Communications Commission (FCC) Rules,
franchising authorities must approve or deny a transfer request within 120 days of receipt of the
request or the request will be considered granted. However, for the 120 day automatic approval
period to commence, the cable operator's request must include (a) a completed FCC 394 and (b) that
information which is required by the franchise. The City may question the accuracy of the
C:\225\1999~Aventura~Let~ers\Soroka-InterLinkCblTVFrnchTnsfr 0712 wpd
RECEIVED
OFFIC[OFTH[
CI]'YMANAGER
Letter to Mr. Eric Soroka
July 12, 1999
Page 2
information submitted by the cable operator provided such request is made within thirty (30) days
of the filing or such information shall be deemed accepted, unless the cable operator has failed to
provide any additional information reasonably requested by the City within ten (10) days of such
request. Requests for additional information beyond that required by the FCC 394 or the franchise
agreement or local law, will not toll or extend the 120 day review period unless the cable operator
and the franchising authority mutually agree to an extension.
The City notified Mr. Wagner by letter dated June 3, 1999 that the City deemed the
application received on May 26, 1999 to be incomplete since numerous exhibits were provided under
confidential seal and could not be reviewed by the City without potentially placing the City in
violation of State law. Accordingly, the application package was returned to the applicant.
On July 7, 1999, Leibowitz and Associates in its capacity as special telecommunications
counsel to the City received a release from the applicant from the request for confidentiality. Thus,
only as of July 7, 1999 ~vould we consider the application complete and therefore deem the 120 day
approval period to expire November 4, 1999. The applicant may be expected to adopt the position
that the 120 day period began to run May 26, 1999 and expires September 21, 1999. If the City takes
final action before September 21, 1999 the issue will be moot.
In light of the current merger and acquisition activity in the cable industry, including but not
limited to the recent acquisition of TCI by AT&T and the trends among major system operators to
geographically cluster systems, it is highly likely that systems being transferred to Charter may be
transferred again shortly thereafter. Therefore, it is the Law Firm's recommendation to the City to
approve the pending application on terms and conditions comparable to those on which the City
conditioned the grant of approval to the TCI/AT&T transfer. To that end, enclosed please find a
draft affidavit to be executed by the proposed transferee and a resolution for use by the City. If you
are in agreement please retype the attached letter on City letterhead and forward to the cable
operator.
Please call should you have any questions.
Sinc. erely,
//Ila L. Feld, Esq.
cc: Richard Weiss, Esq.
C:x225\ 1999kAventurakLelters\Soroka-InterLinkCblTVFrnchTns fr.0712.wpd
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, APPROVING THE
TRANSFER OF THE CABLEVISION COMMUNICATIONS
CABLE TELEVISION FRANCHISE FROM INTERLINK
COMMUNICATIONS PARTNERS, LLLP ("ICP") TO
CHARTER COMMUNICATIONS OPERATING, LLC
("CHARTER"); AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on July 7, 1999, the City of Aventura received a completed FCC 394
and application for City consent to the proposed transfer of control of the Cablevision
cable television franchise from ICP to Charter; and
WHEREAS, pursuant to Ordinance Nos. 97-20 and 98-11 of the City of Aventura
and the Franchise Agreement, no such change of control may occur without prior
approval of the City Commission; and
WHEREAS, the City has required that the applicant fulfill the obligations of
Section 9 of the Cable Television Ordinance and Section 30 of the Cable Television
Franchise and provide information on the proposed transaction including details on the
legal, financial, technical and other qualifications of the transferee and on the potential
impact of the transfer on subscriber rates and service; and
WHEREAS, under FCC Rules, 47 CFR Section 76.502, the City of Aventura has
120 days from the date of submission of a completed FCC Form 394, together with all
Exhibits, and any additional information required by the franchise agreement or
applicable state or local law, to act upon an application to sell, assign, or otherwise
transfer controlling ownership of a cable system; and
Resolution No. 99-__
Page 2
WHEREAS, the City has required written acceptance from Charter of the terms
and conditions of this Resolution by affidavit as a condition precedent to the Adoption
of this Resolution (affidavit attached hereto as Exhibits A); and
WHEREAS, in the event the proposed transaction between ICP and Charter is
not consummated within sixty (60) days of the date hereof or does not reach final
closure for any reason, or in the event such closure is reached on terms substantially
or materially different to the terms described in the FCC Form 394 and exhibits thereto,
this Resolution, together with the affidavit of acceptance submitted by the proposed
transferee, shall be null and void.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, THAT;
Section 1. To the extent required, the City of Aventura hereby consents to the
assignment and transfer of the City of Aventura Cablevision Cable Television
Franchise from ICP to Charter.
Section 2. That the consent granted herein does not constitute and should not
be construed to constitute a waiver or release of any obligations of the Franchisee
under the Cable Television Ordinance and the Cable Television Franchise Agreement.
Section 3. That the consent granted herein does not and should not be
construed to constitute a waiver of any right of the City under applicable law including
but not limited to the Ordinance or the Cable Television Franchise; and further, this
consent shall not prejudice the City's rights with respect to the enforcement, renewal or
transfer of the current cable television franchise and any amendments thereto.
Resolution No. 99-
Page 3
Section 4. That the consent herein granted is conditioned upon (a) Charter's
assurances set forth in its affidavit submitted to the City on July ,1999 and attached
hereto as Exhibit A; and (b) Charter's submission to the City of cost recovery for all
costs incurred by the City directly or indirectly related to the transfer process including,
but not limited to, consulting fees and legal fees pursuant to Section 10(F) of Ordinance
No. 97-20 no later than thirty (30) days after the effective date of this Resolution.
Section $. That the consent herein granted is limited to the right to provide
cable service, as set forth in the Franchise Agreement.
Section 6. That this Resolution shall have the force and effect of continuing
the agreement between the Franchisee and the City of Aventura, the Franchise
Authority.
Section 7. That the City hereby reserves all of its rights pursuant to Federal
and local law including, but not limited to the rights in (a) the franchise renewal process
including, but not limited to, the right to consider violations of the franchise by the
current franchisee; (b) the franchise transfer process including, but not limited to, the
right to act upon any application to sell, assign or otherwise transfer controlling
ownership or control of the cable system; and (c) the enforcement of the current Cable
Television Ordinance Nos. 97-20 and 98-11 and amendments thereto of the City as
amended and the current cable television franchise as amended.
Section 8. That the consent herein granted expressly does not waive and
expressly reserves to the City of Aventura its rights to fully exercise all applicable legal
rights and authority against ICP and Charter and its affiliates, parent or subsidiaries in
Resolution No. 99-__
Page 4
connection with any use of the City of Aventura's rights of way not authorized by the
City including, but not limited to levying fines or instituting litigation for trespass and
ejectment.
Section 9. That the consent herein granted is an express non-waiver and
reservation of the City's rights and authority against Charter for any material franchise
violations that may exist including, but not limited to those in connection with any
unauthorized use of Charter's facilities or facilities by any entity in any way affiliated
with a company in which Charter, its affiliates, parent or subsidiary has an interest;.
Section lQ That the consent granted herein is subject to the transferor's and
transferee's compliance with all other applicable legal requirements and the City does
not waive and expressly reserves the right to enforce full compliance with applicable
ordinance and franchise requirements, whether or not any non-compliance that may be
determined arose before or after the transfer of control from ICP to Charter.
Section 11. That this Resolution shall become effective upon the date of its
adoption herein.
The foregoing Resolution was offered by Commissioner , who
moved its adoption. The motion was seconded by Commissioner , and
upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
Resolution No,
Page 5
PASSED AND ADOPTED THIS 3rd DAY OF AUGUST, 1999.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SOROKA, CMC/AAE, CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
EXHIBIT A
UNCONDITIONAL ACCEPTANCE
OF FRANCHISE BY TRANSFEREE
BEFORE ME, appeared the undersigned authority who being duly sworn upon his oath
deposes and states that:
1. The Affiant is the ,
and is the person authorized to execute this document on behalf Charter Communications
Operating, LLC
2. The Affiant is submitting this affidavit as a condition precedent to the transfer of
the
City of Aventura, Florida Cablevision Communications Cable Television Franchise from Interlink
Communications Partners, LLLP ("ICP") to Charter Communications Operating, LLC
C'Charter').
The affiant is submitting this Affidavit as an unconditional acceptance by Affiant of
the City of Aventura's Cable Television Ordinance Nos. 97-20 and 98-11, and the amendments
thereto and the current Cablevision Cable Television Franchise and amendments thereto.
4. Affiant shall comply with and abide by all terms, provisions and conditions of the
Cable Television Ordinance of the City and amendments thereto and the current Cablevision
Cable Television Franchise and amendments thereto, subject to applicable law.
5. Affiant shall assume performance of all of the current Franchisee's obligations and
liabilities under the Ordinance, known and unknown, and under the current cable television
franchise and amendments thereto, known and unknown.
6. Affiant hereby expressly agrees to make readily available to the City all books and
records necessary to perform a financial audit to auditors in Dade County, Florida and shall
cooperate in any franchise fee compliance inqtfiry in connection with any possible franchise fee
arrearages that may have arisen or that may arise through the exclusion of certain revenue
streams.
7. Franchisee currently offers cable moderrfflnternet services over its cable system as
a cable service in the City of Aventura. It shall, taking into account technical feasibility, provide
access to its cable modem platform to affiliated and non-affiliated providers of Internet access and
online services on terms and conditions at least as favorable as those terms and conditions on
which access is provided by Franchisee or its affiliate, parent or subsidiary in any other
community. Franchisee shall comply with all lawful requirements with respect to access to
Franchisee's cable modem platform for providers of Internet access and online services where
Franchisee or its affiliate, parent or subsidiary provides non-discriminatory access to its cable
platform.
8. Franchisee shall comply with all other applicable legal requirements, including
carriage of broadcast digital and high definition television signals, and interconnection of the cable
system with any and all systems in the City including, but not limited to, potential competitors for
purposes, among other things, of sharing cable PEG channels as required by the Franchise
Agreement or applicable law.
9. To the extent not prohibited by applicable law, the Franchisee agrees that cable
Internet services, including, but not limited to, Cablevision Communications, Charter
Communications, Pointe, @ Home, Roadrunner and Media Express or similar services, provided
by the Franchisee, its parent, affiliates or subsidiaries, over the cable system shall be deemed
"cable services" as provided under Title VI of the Communications Act of 1934, as amended.
Revenues received by Franchisee, and to the extent consistent with the Franchise Agreement and
not specifically prohibited by applicable law, its parent, affiliates, or subsidiaries, from such
services provided over the Franchisee's cable system, including, but not limited to, cable modem
equipment, advertising and sales revenues, shall be included within the definition of gross
revenues for the purpose of the franchise fee calculation to the maximum extent required by the
Franchise Agreement and consistent with applicable law. It is the intent of the parties that this
paragraph applies no more broadly than the existing cable television franchise with respect to
other cable services.
10. The Franchisee agrees that the City does not waive any right to compliance with
the Franchise by Franchisee and Franchisee hereby assumes responsibility for any and all non-
compliance under the current franchise that may now exist or may later be discovered to have
existed during the term of the franchise even if prior to the closing of the transfer of control.
11. Franchisee agrees that from its initial date of providing the service in Aventura
(February 1, 1999) for a period of twenty-four (24) months ending on February 1, 2001,
Franchisee will offer its existing high speed cable modem services or a comparable service at a
rate that is no more than the lower of(i) $39.95 per month or (ii) the lowest price per month for
which such same or similar service is offered by the Franchisee, its parent, affiliate or subsidiary in
any other cable system in South Florida, subject only to exceptions for tempora~ promotional
offers in other cable systems.
12. Franchisee unconditionally accepts all terms and conditions of Resolution No. 99-
13. This Exhibit A may be signed in counterparts.
FURTHER AFFIANT SAYETH NAUGHT.
CHARTER COMMUNICATIONS OPERATING, LLC
hereby accepts the terms and conditions of this affidavit and
Resolution No. and agrees to do eveEithing
necessary to ensure compliance therewith
BY:
STATE OF )
COUNTY OF )
BEFORE ME, the undersigned authority, personally appeared ) who
is known to me personally (or provided proof of identification) and upon being first duly sworn
acknowledged that he/she executed the foregoing document freely and voluntarily and for the purpose
thereto expressed.
WITNESS my hand and official seal in the County and State last aforesaid this __ day of · 1999.
My Commission expires:
NOTARY PUBLIC
CITY OF AVENTURA
OFFICE OF THE CITY COMMISSION
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Eric M. Soroka, City Manager
Harry Holzberg, Commissioner
July 29, 1999
Amendment to Land Development Regulations
City Commission Meeting August 3, 1999 Agenda Item 11
Please place on the Agenda the following item:
Discussion and possible motion to direct the City Manager to prepare an
amendment to Land Development Regulations Section 1205,4,2 regarding
nonconforming use provisions applicable to commercial properties in the
redevelopment areas.
I am requesting the City Commission's consideration of the attached amendment to the
Land Development Regulations which reflects the "compromise position" on this matter
from the July Commission meeting.
HH~ms
REVISION TO LAND DEVELOPMENT CODE
Create Section 1205.4.2 to read as follows;
Section 1205.4.2.
The restriction upon restoration and rebuilding which is provided by
Section t205.3 above, shall not apply to damages or destruction to any
property within a Community Facility zoning district or commercially
developed property which damage or destruction is mused by a hurricane
or other natural disaster affecting a substantial portion of the community
and not primarily affecting an isolated property or development . This
provision shall not be applicable to the City's redevelopment area
described on Exhibit "1" attached hereto and incorporated herein. This
provision is intended to avoid disruption of economic resources and
employment centers within the City so as to assure continued economic
growth and development.
~}28001 ~r qraration~tevision to land developmmt cod~ - jtme 30, ! 999
REDEVELOPMENT AREAS
RESIDENTIAL SINGLE FAMILY DISTRICT
RESIDENTIAL SINGLE FAMILY DISTRICT
MULTI-FAMILY MEDIUM DENSITY RESIDENTIAL
MULTI-FAMILY HIGH DENSITY RE~ID£NTIAL
NEIGHDORHDOD DUSINES~ BISTRICT
COMMUNITY DU~INE~S BISTRICT
HEAVY BUSINESS DISTRICT
TD~N CENTER BI~TRICT
OFFICE PARK BISTRICT
MEDICAL OFFICE BI~TRICT
LIGHT INDUSTRIAL BISTRICT
COMMUNITY FACILITIES DISTRICT
RECREATIDN DPEN SPACE
CDNSERVATION DISTRICT
UTILITIE~ DISTRICT
EXHIBIT #1
CNS
Public Hearing
City of Aventura
Tuesday, August 3, 1999
Dr. Miles E. Kuttler
2797 N.E. 207th Street
Aventura, FL 33180
cc: Commissioners
City Manager
July 27, 1999
Applicant: Kem~eth Marlin
Application Number: 04-VAR-99, 01-CU-99, 02-AR-99
To: Aventura City Council
Dr. Miles E. Kuttler, owner
Biscayne 207 Medical/Dental Building
2797 NE 207th Street
Aventura, FL 33179
I am sorry flint I cannot be present personally to speak AGAINST the applicant's request for a
"Variance from Section 801.2 of the City's Laud Development Regulations to allow 112 parking spaces
where 130 parking spaces are required." The Biscayne 207 Medical/~ental Building which is just across
the street and east of the subject properly has 32 parking spaces when only 19 were required by the then
Dade County Building and Zmfing Cede. That is almost 70% MORE than the code requires.
In spite of 70% excess parking, there are not enough spaces for the staff as well as the patients.
This has also been the case for customers and employees seeking parking lbr the 207 Biscayne Shopping
Center which is ilmnediately east of the subject properly. In order to alleviate this acute parking shortage
my largest tenant, The Dental CareGroup, has token the initiative and has, for the past several years, leased
pm of the subject property mid used it as additional off-street parking for it's employees. For this reason
there is currently no parking problem in this area and little impact on the nearby residential properties.
The loss of tlfis additional off-street parking area due to the construction on the subject properly
will undoubtedly create a new parking shortage. The additional loss of the 18 spaces requested in tiffs
variance will certainly create an acute parking problem in this stnall area. I therefore STRONGLY
OPPOSE the granting of this parking variance and respectfully suggest ttmt the city require the applicant to
adhere to the current code and/or to permanently secure adjacent properties to use for parking.
In addition, I hope the City of Avenlura is aware that even if the subject property provides the full
130 parking spaces as required by the Land Development Regulations, there will still be a serions parking
shortage in this "hemmed-in" area. I therefore would like to suggest flint the City of Avennua negotiate
directly with the Florida East Coast Railway in order to secure public parking fights for the railroad's tight-
of-way on the west side of East Dixie Highway, between N.E. 206~' Street and NE. 212th Street. With the
anticipated growth and development of this area there is no question that city-controlled off-street parking
would greatly help alleviate the parking problems that we all know will come with f~ture development.
Thank yo.u, for your consideration in this matter whic~-~s vital to the success~J development of the
"Hospital Triangle' area. f / ~ //~ -~ ~
Dr. Miles E. Kulllgr
CITY OF AVENTURA
GOVERNMENT CENTER
2999 N.E. t91ST STREET
SUITE SOO
AVENTURA~ FLORIDA 33 1 80
NOTICE OF PUBLIC HEARING
Dateand Time of Public Hearing: Tuesday, August 3, 1999
Applicant Name:
Applicant Request:
Application Number:
Location of Property:
Legal Description:
Size of Property:
6:00 p.m.
Kenneth Marlin
The applicant is requesting the following:
1.
A. RTH U R BERGER
JAY R. BESKIN
KEN COHEN
HARRY HOLZB ER~
JEFFREY M. PERLOW
ERiC M. SOROKA
Variance from Section 801.2 of the City's Land
Development Regulations to allow 112 parking spaces
where 130 parking spaces are required;
2. Variance from Section 704.6.1 of the City's Land
Development Regulations to allow a plot area of 1.22
acres where 1.5 acres are required;
3~ Conditional Use Approval to allow drive-through bank teller
lanes in the MO (Medical Office) zoning district; and
4. The abandonment of approximately 2,142 square feet of
public alleyway
04-VAR-99, 01-CU-99, 02-AR-99
Between NE 208 Street
, and NE 207 Street
East of East Dixie Highway, Aventura
Lots 12 through 30, Block 8 of Hallandale Park No. 8
according to the plat thereof, as recorded in Plat Book 20,
Page 49 of the Public Records of Miami-Dade County, Florida
Approximately 1.22 acres
Plans are on file and may be examined during regular business hours in the City of
Aventura, Community Development Department, 2999 NE 191 Street, Suite 500,
Aventura, Florida 33180. Plans may be modified at or before the Public Hearing. The
application may change during the hearing process.
The Public Hearing will be held at Biscayne Medical Arts Building, 21110 Biscayne
Boulevard, Suite 101, Aventura, Florida 33180. Your comments may be made in person
at the hearing or filed in writing prior to the hearing date. Refer to applicant/property on
PHONE: 305-466-8900 "' FAX: 305-466-8939
CiTY OF AVENTURA
NOTICE OF PUBLIC HEARING
MIAMI DALLY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dacie County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
cordima V. Ferbeyre, who on oath says that she is the
Supervisor, Legal Notices of the Miami Daily Business
Review f/ida Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published et Miami in Dada
County, Florida; that the attached copy of advertisement,
being a Legal Advemsement of Notice In the matter of
CITY OF AVENTURA
PUBLIC HEARING - 8/3/99
APPLICATION NO.: 04-VAR-99,
ETC.
in the .................... ..~...~...Z....~...~.. ......................................... Court,
v~p~bli~h~,in ~l~ ~e~edaper in the issues of
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Dane
County, Florida, and that the said newspaper has heretofore
been con6nuously published in said Dabe County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mall rnatter at the post
office In Miami in said Debe County, Rorida, for a period of
one year next preceding the first publication of the attached
copy of .adverdeament; and atltant further says that she has
neither paid nor promised any..p~sS'~ or corporation
any dls~eun~ rebate, core--or reh~ for the purpose
of s.~rurlng this advert~e~fe~'for publi~latlon in the said
n~~
2 2 subearibed be,o m.
........ day of ............................................................ , A.D, 19 ......
(SEAL) [r ~ p O~:F~ClAL NOT~RY ~AL i
Octelma V. Fel~pers~(~J~ly I~R~.tl~LrrlR MAI~M~ I
I
Date and Time of
- Public Hearing:
Tuesday, August 3. 1999
6:00 p.m.
Applicant Name:
Applicant Request:
Application Number:
Location of Property:
Legal Description:
Kenneth Marlin
The applicant is reduest~n~ the following:
1. Variance from Section 801.2 of the City's
Lane Development Regulations tc allOW
112 parking spaces where 130 parking
sDaces are required:
2. Vanance from Section 704.6.1 ct the
City's Lend Develooment Regulations to
allOW a plot area of 1.22 acres wnere 1.5
3. Conditional Use Approval to allow ddve-
iMedical Office', zoning d~stncb and
4. The.abandonment of approximately 2.142
square feet of public alleyway
04-VAR-9g. 01-CU-99, 02-AR-99
Between NE 206 Street and NE 207 'Street
East of East Dixie Highway, Aventura
.ors 12 mrougn 30, Block 8 of Hallandale
Park No. 8 according to the plat thereof, as
,ecorded in Plat Book 20. Page 49 of the
Public ={ecords gl Miami-Dade Couniy,
Florida
Size of Property: Approximately 1.22 acres
Plans are on file and may be examined dudng mgumr bus[ness
hours in the City of Aventura, Community Development Department,
2S99 NE 191 Street, Suite 500, Aventura, Florida 33180. Plans may
be modified at or before the Public Hearing. The application may
change during the hearing process. --
The Public Hearing will be held at Biscayne Medisal Aris Building,
21110 Biscayne Boulevard, Suite 101, Aventura, Florida 33180. Your
comments may ~e made in perss~ at the hearing ct tiled in writing
prior to the heaitng date, Refer to applicanVproperty on cerresben-
dance and mail same to City of Aventura, Commul~ity DevelolYment
Depaltment, 2999 NE,191 Street, Suite 500, Aventura, Florida 33180.
For further information, olease cell (305) 466-8940.
In accordance with the Americans with Dissbilitiea Act of 1990. all
;)arsons who are disabled and who need special accommodations to
;~adicipate in this proceeding because of that disability shOuld contact
tl~ Office of the Clerk (305] 466-890% not later than tw~ business
days prior to'such proceedings.
If any person decides to appeal any decision rr~da by the City
Commission with respect to any matter considered at a meeting or
hearing, that person wilt need a record of the proceedings and, for that
purpose, may need to endure that a verbatim mserd of the proceeo-
ings is made, which record includes the testimony and evidence upon
which the appeal is to be based.
Teresa M. Soroka` CMC/AAE, City Clerk
7122 99-3-072282M
MIAMI DALLY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dada County, Florida,
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octelma v. Ferbeyre, who on oath says that she is the
Supervisor, Legal Notices of the Miami Daily Business
Review f/k/a 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 HEARING - 8/3/99
APPLICATION NO.: 07-VAR-99
XXXXX ~
in the ................................................................................ urt~
5 J per ,n ,.. ,... of
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami In said Dada
County, Florida, and that the said newspaper has herstof~'e
been continuously published in said Dada County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mall matteret the post
office in Miami in said Dada County, Florida, for a period of
one year next preceding the first publication of the attached
co~y of advertiaement; and affiant further says that she has
neither paid nor promised any r corporation
any disc , rebate, comml the purpose
~~...of se Hng this advertl n in the said
........ day of ............................................................ , A,D. 19 ......
(SEAL) L ,, ,
I ~¥ p~, O~FICIAL NOTARY ~EAL I
Octolma V. Fe~oly~9~rsona~,kn~,~:~,Y~e.H MANM[~ I
!
, 2ooo ,,i
CITY OF AVENTURA
NOTICE OF PUBLIC HEARING
Date and Time of
Public Hearing: Tuesday, August.~.
Applicant Name: Drew Wolf
Applicant Request: 'me applicant is requesting fha following:
A release Of Miemi-Dade County Resolution
2696 approved December 4, 1947 which limited
the uso of the site to certain specified uses and
required a restrictive covenant to be entered in
the public record;
A release of Miemi-Dade County Resolution 4-
ZeBu471-79 approved December 10, 1979
which added "office building' to the specified
uses for this site; and
A vadanca from Section 704.3.5 of the City's
Land Development Regulations to allow e front
yard setback of nineteen (19) feet Where
twenty-five (25) feet is required for the
development Of a retail building on the subject
site
Application Number: 07-VAR-99
Location of Property: 17700 Biscayne Boulevard, Aventura
Legal DescriPtion: Lot 16 and Lot 15 less the.east 33.75 feet and
less the north 25 feet thereof, of Meule Federal
Highway Industrial Sites as recorded in Plat
Book 46, Page 55 of the Public Records of
Miami-Dada County, Ficdda
Size of Property: Approximately 0.27 acres
Plans are on file and may be examined during regular business
hours in. the City of Aventura, Community Development Department,
2999 NE 191 Street, Suite 500, Aventura, FIo~k;ta 33180. Plans may
be modified at or bef0~6' the Public Hea~ng. The application may
change during the hearing process.
The Public Hearing will be held at Biscayne Medical Arts Building,
21110 Biscayne Boulevard, Suite 101, Aventura, FIo~de.331~0. '~?ur
comments may be made in person at the hea~ng or flied ~n wntmg
pdor to the hearing date; Refer to applicant/prOperty on sorrespon-
denca and mail same to City of Aventura, ComtfiiJhity Development
Department, 2999 NE 19~ Street, Boita 500, Aventura, Florida 33180.
For further information, please call (30,5) 466-9940.
In accordance with the Americans with Disabilities Act of 1990, all
persons who are disabled and who need special accommodations to
participate in this proceeding because of that disability should contact
Ihe Office of the Clerk (305) 466-8901, not tater than two business
days prior to such proceedings.
If any person decides to appeal Any decision made by th~ City
Commission with respect to any matter considered et a meeting or
headng, that person will need a record of the proceedings and, for that
purpose, may need to ensure that a verbatim record of the proceed-
ings is made, which rasord includes the testimony and evidence upon
which the appeal is to he based.
Teresa M. Soroka, CMC/AAE, City Clerk
7/22 99-3-072283M
DISCLOSURE OF VERBAL CONTACT
Ordinance 96-09
@--'---'"
'U"--"""
'" . -."
" 1- "
-?, .~
"}. . \\C~"
C.t(J' (~r EX(:l'
City of Aventura City Commission Meeting Date 8/3/97
Agenda Item No. 3ft
Date of Verbal Communication:
1/J.u/r,1
Identity of Person or Enti!y Making Communication:
A 10.., KvMnl1,J-!
Subject and Substance of Communication:
kt ~:Jd:~^tl:'f- ;~/~;/~.,~~:; /I~:A:~.
Respectfully,
Commissioner or Board Member
receiving communication:
~-~~
Filed this . ~ day of
CITY OF A VENTURA
Ordinance 96-09
Disclosure of Verbal Contact
Agenda Item: Item No. 3.4 of .f/3/
199.....i... agenda of the Aventura City Commission.
Date of Verbal Communication:
7/3J/ 99
.
Identity of Person or Entity Making Communication:
JvStlN Fi)"r;/)
Subject and Substance of Communication:
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Respectfully,
Commission or Board
Receiving Communication:
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Member
Name
Signature
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Filed this ~ day of
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City of Aventura City Commission Meeting Date
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Agenda Item No. ], ~
Date of Visit, Investigation or Receipt of Expert Opinion
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Nature of Contact (check as applicable)
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Respectfully,
Commissioner or Board Member:
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Signature
Filed this ,3 day of ~ (fr) 'f
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Name
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DISCLOSURE OF WRITTEN COMMUNICATION
Ordinance 96"()9
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The written communication attached hereto is hereby filed on record
pertaining to:
City of Aventura City Commission Meeting Date
Agenda Item No. 313
.F/3f'1?
Respectfully,
Commissioner or Board Member
receiving communication:
Ail.1/i",,- "ei<.C:,m.
Name
t7..~ I"",, 1--
Signature
Filed this.j day of &aCf I
/1
,1999.
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cc: Commissioners
City Manager
Dr. Miles E. Kuttler
2797 N.E, 207th Street
Aventura, FL 33180
July 27. 1999
Public Hearing
City of Aventura
Tuesday, Augusl 3, 1999
Applicant: Kenneth Marlin
Application Number: 04-VAR-99, 01-CU-99, 02-AR-99
To: Aventura City Council
From:
Dr. Miles E. Kultler. owner
Biscayne 207 Medical/Dental Building
2797 NE 207th Street
Aventura, FL 33179
I am sorry that I cannot be present personally to speak AGAINST the applicant's request for a
"Variance from Section 801.2 of the City's Land Development Regulations to allow 112 parking spaces
where 130 parking spaces are required." The Biscayne 207 Medical/Dental Building which is just across
the street and east of the subject property has 32 parking spaces when only 19 were required by the then
Dade County Building and Zoning Code. That is almost 70% MORE than the code requires.
In spite of 70% excess parkfl~g, there are not enough spaces for the staff as well as thc patients.
This has also been the case for customers and employees seeking parking for the 207 Biscayne Shopping
Center which is immediately east of the subject property. In order to alleviate tiffs acute parking shortage
my largest tenant, The Dental CareGroup, has taken the initiative and has, for the past several years, leased
part of the subject property and used it as additional off-stree! parking for it's employees. For this reason
there is currently no parking problem in this area and little impact on the nearby residential properties.
The loss of this additional off-street parking area due to the construction on the subject property
will undoubtedly create a new parking shortage. The additional loss of the 18 spaces requested in tiffs
variance will certainly create an acute parkthg problem in this small area. I therefore STRONGLY
OPPOSE the granting of this parking variance and respectfully suggest that the city require the applicant to
adhere to the current code and/or to pennaneatly secure adjacent properties to use for parking.
In addition, I hope the City of Aventura is aware ilmt even if the subject property provides the full
130 parking spaces as required by the Land Development Regulations, there will still be a serious parking
shoaage in this "bearmed-in" area. I therefore would like to suggest that the City of Aventura negotiate
directly with the Florida East Coast Rnilway in order to secure public parking rights for the railroad's right-
of-way on the west side of East Dime Highway. between N.E. 206~' Street and N.E. 212th Street. With the
attticipated growlh and development of this area there is no question that city-controlled off-streel parking
would greatly belp alleviate the parking problems that we all know' will come with future development.
Thank yo,u, for your considemtion in this matter whic~s vital to the successfu~J, development of the
"Hospital Triangle' area. ~~
Dr. Miles E. ~n~;r - ~
CITY OF AVENTURA
GOVERNMENT CENTER
2999 N.E. lGlST STREET
SUITE 500
AVENTURA, FLORIDA 33180
NOTICE OF PUBLIC HEARING
Date and Time of Public Hearing: Tuesday, August 3, 1999
6:00 p.m
Applicant Name:
Applicant Request:
Application Number:
Location of Property:
Legal Description:
Size of Property:
Kenneth Marlin
The applicant is requesting the following:
1.
Variance from Section 801.2 of the City's Land
Development Regulations to allow 112 parking spaces
where 130 parking spaces are required;
Variance from Section 704.6.1 of the City's Land
Development Regulations to allow a plot area of 1.22
acres where 1.5 acres are required;
Conditional Use Approval to allow ddve-threugh bank teller
lanes in the MO (Medical Office) zoning district; and
The abandonment of approximately 2,142 square feet of
public alleyway
04-VAR-99, 01-CU-99, 02-AR-99
Between NE 206 Street and NE 207 Street
East of East Dixie Highway, Aventura
Lots 12 through 30, Block 8 of Hallandale Park No. 8
according to the plat thereof, as recorded in Plat Book 20,
Page 49 of the Public Records of Miami-Dade County, Florida
Approximately 1.22 acres
Plans are on file and may be examined during regular business hours in the City of
Aventura, Community Development Department, 2999 NE 191 Street, Suite 500,
Aventura, Florida 33180. Plans may be modified at or before the Public Hearing. The
application may change during the hearing process.
The Public Hearing will be held at Biscayne Medical Arts Building, 21110 Biscayne
Boulevard, Suite 10'1, Aventura, Florida 33180. Your comments may be made in person
at the headng or filed in writing prior to the hearing date. Refer to applicant/property on
PHONE: 305-466-8900 · FAX: 305-466-8939
DISCLOSURE OF SITE VISIT
INvESTIGATION AND EXPERT OPINION
Ordinance 96-09
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City of Aventura City Commission Meeting Date 8/31 <f"'j
Agenda Item No. .) 6
Date of Visit, Investigation or Receipt of Expert Opinion
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Nature of Contact (check as applicable)
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D Expert Opinion
Substance of Contact
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Respectfully,
Comm'ssioner or Board Member:
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Filed this ~ day of
Name
Signatur
,1999.
.QJSClOSlJRE OF SITE VISIT
INVESTIGATION AND EXPERT OPINION
Ordinance 96-09
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City of Aventura City Commission Meeting Date J'/;/, c;
Agenda Item No. ,,4-
Date of Visit, Investigation or Receipt of Expert Opinion 7 u/ kj
Nature of Contact (check as applicable)
~ Site Visit
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Substance of Contact:
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Identity of Person Participating in Contact: /Jc~
Respectfully,
Commissioner or Board Member:
Filed this " day of
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Name
DISCLOSURE OF VERBAL CONTACT
Ordinance 96-09
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City of Aventura City Commission Meeting Date 6'13 Iff)
Agenda Item No. 0'.4
Date of Verbal Communication: 71.J.5);<j
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Respectfully,
Commissioner or Board Member
receiving communication:
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Name
Signa
Filed this ~ day of
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