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01-07-2003 City r.anrlltn...ln... Jeffrey M. Perlow, Mayor A 'Pte City of ~ventura CJ\ .~. < ',... ",.."'~ Citv M.".~ Eric M. Soroka Arthur Berger Jay R. Beskin Ken Cohen Manny Grossman Harry Holzberg Patricia Rogers-Libert City Ckrk Teresa M. Soroka, CMC CityAtmm(J' Weiss Serota Helfman Pastoriza & Guedes AGENDA JANUARY 7, 2003- 6 PM Government Center 19200 West Country Club Drive A ventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. ZONING HEARINGS: SPECIALLY SET BY COMMISSION FOR 6 P.M. QUASI-JUDICIAL PUBLIC HEARINGS ~ Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to comment upon any of these items, please inform the Mayor when he requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will not be considered. The general public will not be permitted to cross-examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-193(e)(I) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW MODIFICATION TO A COMMERCIAL ADVERTISING SIGN LOCATED ON THE EAST SIDE OF THE FLORIDA EAST COAST RAILWAY TRACKS SOUTH OF IVES DAIRY ROAD, CITY OF A VENTURA; PROVIDING FOR AN EFFECTIVE DATE. 1..-y 7, 2003 r.............!.fooIina B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA DENYING VARIANCE FROM SECTION 31-75(b)(4) OF THE CITY'S LAND DEVELOPMENT REGULATIONS WHICH PROHIBITS TEMPORARY SALES OFFICES AND MODEL HOMES AT THE PROPERTY WITHOUT AN APPROVED SITE PLAN FOR THE PERMANENT USE WHICH IT IS INTENDED TO SERVE FOR PROPERTY LOCATED ON NE 185 STREET, CITY OF A VENTURA: PROVIDING FOR AN EFFECTIVE DATE. 4. AGENDA: Request for Deletions/Ernergency Additions 5. SPECIAL PRESENTATIONS: None. 6. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed ITom the Consent Agenda and considered separately. A. APPROVAL OF MINUTES: November 12, 2002 Commission Meeting November 21,2002 Workshop Meeting B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 02-11-12-2, MUNICIPAL TRANSIT SERVICE, TO LIMOUSINES OF SOUTH FLORIDA, INC., AT THE BID PRICE OF $328,814.00: AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS: AUTHORIZING THE CITY MANAGER TO TAKE THE NECESSARY ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION: AND PROVIDING FOR AN EFFECTIVE DATE. (Awards bid for public transit services to Limousines of South Florida, Inc.) C. A RESOLUTION OF THE CITY COMMMISSION OF THE CITY OF A VENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION # 01-0103-024 FOR PROFESSIONAL CONSULTING SERVICES WITH CRAVEN THOMPSON AND ASSOCIATES, INC. TO PREPARE CONSTRUCTION DRAWINGS AND SPECIFICATIONS FOR THE DEVELOPMENT OF THE NE 31 AVENUE PARK IN THE AMOUNT OF $20,600.00: AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY 2 1..-y7, 2003 C......,,;,,;..,!.fooIina OUT THE AIMS OF THIS RESOLUTION: AND PROVIDING AN EFFECTIVE DATE. (Authorizes City Manager to execute Work Authorization for design of Park at NE 31 st Avenue) D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED INTERLOCAL AGREEMENT BETWEEN THE CITY OF A VENTURA AND MIAMI-DADE COUNTY FOR THE PROVISION OF PUBLIC TRANSPORTATION SERVICES WITHIN THE CITY OF A VENTURA: AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION: AND PROVIDING AN EFFECTIVE DATE. (Authorizes City Manager to execute Interlocal Agreement with Miami- Dade County for public transportation services) E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF A VENTURA COMMUNITY SERVICES ADVISORY BOARD FOR A ONE-YEAR TERM: AND PROVIDING AN EFFECTIVE DATE. (Provides for reappointment of one-year term members) F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA AMENDING RESOLUTION NO. 2001-76, AS AMENDED BY RESOLUTION 2002-01 WHICH APPROVED APPOINTMENT OF MEMBERS TO THE CITY OF A VENTURA COMMUNITY SERVICES ADVISORY BOARD BY AMENDING SECTION 2 IN ORDER TO FILL A VACANCY: AND PROVIDING AN EFFECTIVE DATE. (Provides for appointment of Randi Rapp to fill vacancy created by death of member Ted Cohen) G. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AMENDING ORDINANCE NO. 2001-13, WHICH ORDINANCE ADOPTED A BUDGET FOR THE 200112002 FISCAL YEAR BY REVISING THE 200112002 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO: AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE: PROVIDING FORAN EFFECTIVE DATE. (Provides for close out of2001l02 fiscal year budget) 3 1..-y 7, 2003 o-;.;..!.fooIina H. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AMENDING ORDINANCE NO. 2002-24 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2002/2003 FISCAL YEAR BY REVISING THE 2002/2003 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBITS "A" AND "B" ATTACHED HERETO: AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE: PROVIDING FOR AN EFFECTIVE DATE. (Amends 2002/03 budget to provide for County Transit System Surtax and reappropriation of two capital projects) I. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 02-12-23-10, COUNTRY CLUB DRIVE ROADWAY RESURFACING AND STREET LIGHTING IMPROVEMENTS, TO SOUTHEASTERN ENGINEERING CONTRACTORS, INC. AT THE BID PRICE OF $1,765,153.16. AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS: AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION: PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD: AND PROVIDING FOR AN EFFECTIVE DATE. (Authorizes award of bid for Country Club Drive Roadway Resurfacing and Street Lighting to Southeastern Engineering Contractors) J. MOTION AUTHORIZING THE APPROPRIATION OF UP TO $25,720 FOR JUVENILE DRUG PROGRAM, TASERS AND ACCESSORIES, PROPERTY LOCKS AND VIDEO ENHANCEMENT EQUIPMENT FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. (Authorizes appropriation of Police Forfeiture Funds for juvenile drug program, tasers, property locks and video enhancement equipment) 7. ORDINANCES: FIRST READING/PUBLIC INPUT: None. 8. PUBLIC HEARING: ORDINANCES - SECOND READING: AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING PARAGRAPH (b) OF SECTION 31-143 "RSI" DISTRICT, PARAGRAPH (c) OF SECTION 31-143 "RS2" DISTRICT, PARAGRAPH (d) OF SECTION 31-143 "RMF3" DISTRICT, PARAGRAPH (e) OF SECTION 31-143 "RMF3A" DISTRICT, PARAGRAPH (I) OF SECTION 4 1..-y 7, 2003 C......,,;,,;..,!.fooIina 143 "RMF4" DISTRICT, PARAGRAPH (g) OF SECTION 143 "RMF3B" DISTRICT, PARAGRAPH (b) OF SECTION 31-144 "Bl" DISTRICT, PARAGRAPH (c) OF SECTION 31-144 "B2" DISTRICT, PARAGRAPH (d) OF SECTION 31-144 "B3" DISTRICT, PARAGRAPH (e) OF SECTION 31-144 "OP" DISTRICT, PARAGRAPH (1) OF SECTION 31- 144 "MO" DISTRICT, PARAGRAPH (b) OF SECTION 31-145 "TCI" DISTRICT, PARAGRAPH (c) OF SECTION 31-145 "TC2" DISTRICT IN ALL CASES TO DELETE COMMUNITY FACILITY (CF) USES AS PERMITTED USES AND ADD COMMUNITY FACILITY (CF) USES AS CONDITIONAL USES; PROVIDING FOR SEVERABILITY: PROVIDING FOR INCLUSION IN THE CODE: PROVIDING FOR AN EFFECTIVE DATE. 9. RESOLUTIONS: None. 10. OTHER BUSINESS: None. 12. PUBLIC COMMENTS 13. REPORTS 14. ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS COMMISSION WORKSHOP JANUARY 23, 2003 10 A.M. COMMISSION MEETING FEBRUARY 4, 2003 6 P.M. This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990. all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center. 19200 W. Country Club Drive. Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-8901. 5 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: Joanne Carr, AIC Planning Director DATE: December 17, 2002 SUBJECT: Request of Clear Channel Outdoor, Inc. for Variance from Section 31- 193(e)(1) of the City's land Development Regulations to allow alteration to a commercial advertising sign located on the east side of the Florida East Coast Railway tracks south of Ives Dairy Road, Aventura (01-VAR- 03) January 7,2003 City Commission Meeting Agenda Item 3 A (deferred from November 12, 2002 City Commission meeting) RECOMMENDATION It is recommended that the City Commission approve the request for variance to allow the existing commercial advertising sign to be modified and elevated to an overall height of 55 feet measured from the base of the support structure to the top of the sign face, upon the conditions outlined in this report. THE REQUEST The applicant, Clear Channel Outdoor, Inc. is requesting a variance from Section 31- 193(e)(1) of the City's land Development Regulations to allow modification and alteration of an existing commercial advertising sign, where the City Code provides that no legally non-conforming commercial advertising sign may be moved, altered or replaced. (See Exhibit #1 for letter of Intent) BACKGROUND OWNER OF PROPERTY Florida East Coast Railway Company APPLICANT Clear Channel Outdoor, Inc. ADDRESS OF PROPERTY east side of FEC tracks, south of Ives Dairy Road (See Exhibit #2 for Location Plan and Exhibit #3 for Aerial Photograph) LEGAL DESCRIPTION Portion of land lying in Section 35, Township 51 South, Range 42 East, Miami-Dade County, Florida Zoning - Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: U Utilities District U Utilities District U Utilities District B2 Community Business District; and RMF3 Multi-Family Medium Density Residential District Miami-Dade County lands Existing land Use - Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: FEC Railway Tracks and Landscaped Buffer FEC Railway Tracks and Landscaped Buffer FEC Railway Tracks and Landscaped Buffer Vacant Land and 3-story residential condominium building Commercial and residential uses under County jurisdiction Future land Use - According to the City of Aventura Comorehensive 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 Property to the East: Business and Office and Medium-High Density Residential Property to the West: Low Medium Density Residential (Miami-Dade County land use designation) The Site - The site is located on the west side of the grade separation of Biscayne Boulevard at Ives Dairy Road. The sign is located on the east side of the railway tracks south of Ives Dairy Road. The Project - The applicant entered into an agreement with the City Commission on September 3, 2000. This agreement provided that the applicant may request variance approval to raise the height of the existing billboard within 30 days of the date of the agreement. Application for variance was received on October 2, 2002. The agreement further provided that the billboard be modified and elevated to a height of up to sixty- 2 five (65') feet as measured from the bottom of the base of the support structure to the top of the billboard face, as depicted in Exhibit "8" to the agreement and attached as Exhibit #4 to this memorandum, so as to be visible to motorists on the Biscayne Boulevard grade separation. The agreement further provided that in the event the variance request is approved by the City Commission, the applicant will: 1. Demolish and completely remove within 30 days after issuance of permits, the existing commercial advertising signs shown on Exhibits "C" and "0" to the agreement and attached as Exhibits #5 and #6 to this memorandum. 2. Advise the Florida East Coast Railway, within 10 days of variance approval, that it has no objection to any visual obstruction of the signs shown in Exhibit "E" to the agreement and attached as Exhibit #7 to this memorandum. 3. Agree not to replace the billboards removed under Condition #1 above, nor allow any further billboard installation in the City of Aventura. After discussion by the City Commission and upon hearing public comments, this matter was deferred from the November 12, 2002 City Commission meeting in order that the applicant could explore further reduction of the sign height. Further discussion was held at the City Commission workshop meeting on November 21, 2002. At that time, the applicant advised that it was investigating a reduction of 10' in height of the sign and that it would voluntarily covenant not to advertise any adult uses on the sign. The revised plan, attached to this report, shows a reduction of 10' in height to a revised overall height of 55 feet from the bottom of the base of the support structure to the top of the sign. The plan shows that approximately 30' of the sign will be below ramp elevation, with the remaining 25' above ramp elevation. ANALYSIS Consistency with Comprehensive Master Plan - The request is not inconsistent with the City of Aventura Comprehensive Plan. Citizen Comments . The Community Development Department has received no written citizen comments to date. Community Development Department Analysis - The application received from Clear Channel Outdoor complies with the agreement made between the applicant and the City of Aventura on September 3, 2000. The plans submitted show that the existing billboard is to be replaced with a new sign that measures 55 feet from the bottom of the base of the support structure to the top of the sign face. A landscaped area measuring 160 square feet is to be installed at the base of the sign to comply with the City's landscaping code. Criteria The guidelines for approval of variances as required by Section 31-76(e) of the City's Land Development Regulation states: 3 "Standards of review. A variance shall be granted only where competent and substantial evidence presented in the particular case shows that all of the following are met: (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere convenience, if the regulations were carried out literally. The hardship at this location is caused by construction of the elevated grade separation on Biscayne Boulevard at Ives Dairy Road. The applicant advises, in its Letter of Intent attached as Exhibit #1, that the existing sign is not visible from the elevated ramp and is therefore no longer useful in its existing condition. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The conditions are unique to this site and are not applicable to other locations. (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 LOR. The applicant's difficulty or hardship is not economic in nature and the difficulty was not deliberately created by the applicant. The elevated grade separation on Biscayne Boulevard has created the need for the variance. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The sign is located within the railway right of way in accordance with an agreement with Florida East Coast Railway Company. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity." The variance will not substantially increase traffic congestion or increase the danger of fire or endanger the public safety or substantially diminish or impair property values. It is recommended that the request be granted subject to the following conditions: 4 CONDITIONS OF APPROVAL 1) Plans shall substantially comply with that submitted as follows: · Specific Purpose Survey, Clear Channel Outdoor Inc., Sheet 1 of 1, prepared by Bloomster Professional Land Surveyors Inc., dated 4/12/02, revised 4/23/02,7/11/02,9/27/02, 10/30/02 and 12/10/02, signed and sealed. 2) 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. 3) The applicant agrees to fulfill all of its obligations defined in Section 1\ of the agreement made between Clear Channel Outdoor Inc. and the City of Aventura dated September 3, 2002. These obligations include, but are not limited to, the following: i. The applicant will demolish and completely remove, within 30 days of issuance of permits, Billboards Nos. 1 and 6 depicted on Exhibits "B" and "C" respectively to this Resolution, prior to modification of Billboard No. 2 depicted on Exhibit "0" to this Resolution. ii. The applicant will advise Florida East Coast Railway Company, within 10 days of the date of this Resolution, that it has no objection to the obstruction, if any, of visibility of certain billboards which are situated upon the ground or upon buildings or structures located on or near the FEC right of way in the vicinity of Biscayne Boulevard and NE 187 Street. iii. No replacement of Billboards No.1 and No.6 will be installed. iv. No further billboards will be installed at any location in the City of Aventura. 4) As proffered by the applicant at the November 21, 2002 City Commission workshop meeting, the applicant voluntarily agreed to the imposition of a condition, herein imposed, to be further supported by applicant's recordable covenant to the City, that no advertisement for "adult use" as defined in Section 31-21 of the City's Land Development Regulations shall be placed on the subject sign. 5) The applicant shall provide its recordable covenant to the City that it and its successors will not object to the existing or any future landscaping in the center median of Biscayne Boulevard in the vicinity of the subject sign and confirming irrevocably that the applicant has no objection to any existing City landscaping in the FEC right-of-way at any location in the City. 6) That the form and substance of the covenants described in Conditions numbered 4) and 5) above shall be subject to the approval of the City Attorney. The covenants are required prior to permit issuance. 5 ~ CLEAR CHANNEL OUTDOOR RECEIV;::O .. 4"'-'~~ COMMUNITY DEVELOPMENT October I, 2002 City of Aventura Community Development Department 1920 West Country Club Drive Avenn~a,FL 33180 Re: Letter of Intent regarding Public Hewing Application for Variance- Clear Channel Outdoor, Inc. ("Applicant") Ladies/Gentlemen: The Applicant, Clear Channel Outdoor, Inc., a Florida corporation, applies for a variance ("Variance") from the provisions of the City or Aventura Code Section 31- 193(e)(1), as authorized by Section 31-76 of the City Code, for the purposes of enabling Billboard No.2, as depicted on Exhibit "A" attached hereto and incorpon~ted herein ("Billbo61'd"), presently situated below the Biscayne Boulevard flyover, to be modified and elevated to a height up to sixty-five (65') fcet (as measured from the bottom of the base of the support stTllcture of the Billboard to the top of the Billboard face), as depicted in the computer generated rendition, which is attached hereto and incorporated herein as Exhibit "B". so as to be visible to motorists from the Biscayne Boulevard flyover ("Flyover"). The Billboard, as originally situated, was a legal non-conforming use and was unobstructionally visible to motorists from US! and N.E. 203rd Street. However, because ofthe construction of the Flyover, the Applicant's use and benefit of the BiJlboard has been totally disrupted and rendered, in effect, useless inasmuch as the Billboard has been blacked by the construction of the Flyover, which has diverted attention away from the Billboard. The fact that a perfectly useful Billboard has been rendered useless in anq of itself defines a "hardship." The Applicant's inability to use the Billboard for informational purposes has created a hardship on the Applicant which is unique to it in that no other similar property in the arca has been rendered virtually useless by the construction of the Flyover. The EXHIBIT #1 01-VAR-03 r _ I S92" 6250 ToI I ! 30) I ~ CLEAR CHANNEL ourDOOR City of A ventura October 1, 2002 Page 2 - Billboard when originally created was not deemed prejudicial to the public welfare or to the traffic flow on the public thoroughfares or to the public safety or to the property values in the area. The mere raising of the Billboard on substantially the same footprint to render it suitable again as a billboard would hardly alter the original approvals and permits for the Billboard. The failure to grant the requested variance would work a hardship on the Applicant by rendering its present use as a Billboard valueless resulting, in effect, in the outright condemnation of the Billboard. This is not the intended effect of the City's Code to create such a hardship, therefore, we request that the City Commission approve the Variance. Very truly yours, Clear Channel Outdoor, Inc, i 592" 6250 Td! 305 i --- 1:\8 to c\Clenr Chunru::l\Avc::nlurJl.\Cjt)'IU.dc~ BROWARD COUNTY ..-.-.-.-. ( '--- ...... n -.rr a.-r-.: ":":,.:-: '.-:: '\ 1'rV ....... .............. ....... ...........,.. ~stream YACHT UB OR. : . . . . . . . . . . . . . . . . . . . . . . . DADE COUNTY · .. . '." : ~ . /' . fUJ '~ I ~ (') "----, : \ WATERWAYS BlV.IL.J .' :; ! ~ ",'1, Sign Location J ~ :I: UJ X o s: :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. .. :. :. :. :. :. .. ;'- :. 188 ST, 192 ST. 192 ST. 191 ST. 190 ST. Loehmann's Fashion u.i Island ~ OJ t\J MIAMI GARDENS OR. LEGEND Maule Lake ~ a- ~ 01-VAR-03 I i ~ -- ci ::i Q) z: <: w o o ci > -J Q) z: ~ o o 1 Atlantic Ocean e Roadways City Boundary ZIP Code Boundary Railroad EXHIBIT #3 01-VAR-03 ~ CLEAR CHANNEL OUTDOOR Clear Channel Outdoor South Florida Division 5800 NW 77th Court, Miami, Florida 33166 Telephone: (305) 714-3542 Fax: (305) 714-3480 Aventura Flyover South Face Sign to be elevated EXHIBIT #4 01-VAR-03 Page 1 of 2 ~ CLEAR CHANNEL OUTDOOR Clear Channel Outdoor South Florida Division 5800 NW 77th Court, Miami, Florida 33166 Telephone: (305) 714-3542 Fax: (305) 714-3480 Aventura Flyover North Face Sign to be elevated EXHIBIT #4 01-VAR-03 Page 2 of 2 ~ CLEARCHANNEL OUTDOOR Clear Channel Outdoor South Florida Division 5800 NW 77'h Court, Miami, Florida 33166 Telephone: (305) 714-3542 Fax: (305) 714-3480 # 1 #1 US HWY 1 EL 40F NE 203 St. Sign to be removed EXHIBIT #5 01-VAR-03 Clear Channel Outdoor South Florida Division 5800 NW 77th Court, Miami, Florida 33166 Telephone: (305) 714-3542 Fax: (305) 714-3480 ~ CLEARCHANNEL OUTDOOR #6 # 6 Siscayne SO WL 25F 8/0 NW 192 8t. Sign to be removed EXHIBIT #6 01-VAR-03 ~ ~ //1 / / _i / II i}' ; , ' _if I -.:-.!....., ~ 1 , f EXHIBIT #7 01-VAR-03 .' o' <~ AI dCANT REPRESENT A TIVE AFFlI 'fIT PUlSuantlo Section 31-7t(b)(2)(i) 01 the City of Aventura Land Development Code, this Applicant Representative Affidavit is hereby made and submitted. The undelSigned authorized representative of the ildividual or entity applying lor the Development Penn~, which is identifIed i1 the accompanying appflCation, and the owner of the property subject to the applk:ation Cd cftfferenl) hereby lists and identifIeS all persoos representing the i1<fMdual or entity applying for the Development Pennij i1 connection with the applk:ation, as follows: Name Relationship ~.., Altomeys, M:I1ilects. I..andscape Atdlitects. Engine<llS, LOOb)'isfs, Elc.} John G. [",mer Attorney Robert Bloomster Surveyor Jeff Andres V.P. Real Estate Manny Mejldo Real Estate Rep (AIfach Mjijional Sheets << Necessary) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON USTED ON THE APPUCANT REPRESENTATIVE AFADAVlT SHALL BE BINDING UPON THE INDMDUAL OR ENTITY APPLYING FOR THE DEVaOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPUCANTS AND AFAANTS ARE ADVISED TO TIMELY SUPPLEMENT THIS AFADA VIT PURSUANT TO SEC. 31-71(BX2)(IV) OF THE ClTY'S LAND DEVaOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE APPUCATlON BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFADAVIT BECOMES INCORRECT OR INCOMPLETE. WITNESS MY HAND THIS .s:2:L DAY OF J)J. 6if ,2~ NTATlVE OF APPLICANT: OWNER By: (Signature) n Jacobs (Print) T~: President. South Fla.Dlvlslon (Signature) Name: (Print) Trtle: Mdress: 5800 S\1 77 Ct M I am I. F 1 3 3 1 6 6 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Belore me the undersigned authority personally appeared .j-" ","w "0 t-L.0'" ", as the a Applicant and/or the owner of the property subject to the applk:ation, who being first by me duly executed this Affidavit for the purposes stated therein and that ~ is true and correct. d Mdress: \tV P OfRQAL MOTAR't BEAL o~t' (f4~ GREGORY J HIBSS ~~" cor'lTtltll_ ; . ~ CC807453 "'P-} ~ trY to"- IElOMEXP18 OFf'O FEB. 72003 rized representative 01 the swear or affinn that he/she l.-"\... DC,- SWORN TO AND SUBSCRIBED BEFORE ME this _ day 01 .' Notary Publ 01 F~a N Large Printed Name 01 Nota~ (' My commission expires: ., " It I ,. I ~"".. , 9~ ~ " ~ I .~~... .~~~ BUSINESS RELATIONSHIP AFFIDAVIT" This N",Oav~ Is made pursuant to Section 31-71 (b)(2)(ii) of lhe City of Aventura Land Development Co<!e. The undersigned Alflallt hereby ();,..,..,s'"' that (mark wi1h 'x' applicable portions only) :4 ", MlSnt does not Mve a Business Relalion5hip wilh MY member of tl1e City Comm~310n or MY City Mvisory iloard to v.tIlch the application will be presented. [ 12. MiSnt hereby discloses that ~ does have a Business Relationship wl1h a member ollhe City Commission or a City Advisory Board 10 which the application will be prasenled. as follows: (List name of Commissioner or Advisory Board Member) who serves on the (Ust City Commission or City Advisory Board upon whicl1 member serves). The nature of lhe Business Relationship Is as follows: 11 i. Member of City Commission or Board holds an ownership interest In exce>s of 1 % of total assets or capital &lock 01 Applicant or Representa1ive: 1111. Member of City Commission or Board Is a partner, co-shareholder (as III shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with lhe Applicant or Representative In any business venture; The Applicant or Representative is a Client 01 a member of the City Commission or Board or a Client 01 anolller professional working from lhe same office or for the same employer as the member olllle City Commission or Board; [] iv. A City Commissioner or Board member is a Client ollhe Applicant or Representative; lJ v. The Applicant or Representative is a Customer of the member 01 tl1e City Commission or Board (or of his or her employer) and lrMsacts more than $10,000.00 of the busines! of the member of tl1e City Commission or Board (or his or her employer) in a given calendar year; II vi. The member of the City Commission or Board is a Customer of the Appli::ant or Representative and transac1s more lI1an $25,000.00 of the business of the Applicant or Representative in 8 given calendar year. WITNESS MY HAND THIS jf::!.!;. DAY OF (p~ ,200I. Bv:.._.. k .~ . (Signature) (Print) (Print) _~: M,( HAND THIS ..J..!!!!.DAY OF II /;t;t..v ,~ PROPERl'IOWNER: By: Name: Trtle:, (Signature) (Print) (Prinl) "in9 terms "Business Relationship: "Client: "Customer: "Applicant," "Represenla~ve" and "/nlerasllld Person" ara defined in Section 20395 of the Mentura CHy Cede. 'l::;,J........ WITNESS!.lY HAND 1HIS~ ,JDDAY OF October . 2lXlL on Business Relationship AlfidaV(1) By: (Signature) By: (Signatufll , Name: / (Print) Name: (Print) Tille: Attorney (Print) Tille: [Print) (Signature) By: (Signature (Print) Name: .(Print) Tille: (PrInt) T1tIe: (Print) By: (Signature) By: (Signalufll Name: (Print) Name: .(Print) Tltle: (Print) Tille: (Print) By: (Signature) By: (Signature Name: (Print) Name: _(Print) Trtle: (Print) Trtle: _(Print) By:,_____ (Signature) By: , (Signature (Print) Name: (Print) Title: (Print) Tille: _(Print) e'(~ (Signature) By: _ (Signatufll " (Print) ,'\0 . Name: _(Print) r1.l~ (Print) TIUe: -IPrint) NOTE: 11 Use duplicate sheets If disclosure Inlormatlon lor Representatlve varies 2) Applicants and Afflants are advised 10 timely supplement this Affidavit pursuant \0 See. 31-71(b)(2)(\v) 01 the City's Und Development Regulations In the City Code, In the eventlhat prtor to consljeratlon 01 the appllcatlon by \he City Board or Commission. the Inmrmallon provided In the Affidavit become5lncorrect or Incomplete. NOTARIZATION PROVISION ST"~Ofp..Of',lOo'. I Q:lUNl'(Of~ ll<llore mol. 1M trd<l!>illned 1U1l<<iy, poM<'ll'( owoared heIsM ....."Iod INs Mdavl b' toe p<lIllO$'l' lU1ed ............s Mils"", and QXlOt\. \ SWQ!>.N10moSU8SCl\t5EObeb'o.... y.cl_O,<tober '~m"'~'"'''''' TO." ,,0' [. .~ NOtoryPubr<:.;tol~ ~~ ~< MyCO!TITi5lion E>l ~~~,,, CorTYrission f C toe M,",,~ ..too boilO ~ y mol ~ ...... lfd 5'fIllaI Of ,~"" tool -~ .' . :.r:~:~:', 1 ~nn.:.J)El ", :,',s.r<lQoOd 0IJ1t<l<ty, pononaly oweared ;,:" _';J j'" p<I"PO'lllO IIalocI Nt'Gnand Mils we andQl<1O(l. .... M.ant. ""'" boilo "'01 by me dliy"""""cf<1 """"OCI~"" lhat SwoRN 10 I.NO IMISCI\lBEll bolonl .... INs _ day 01 Af1'WlT ~ . :1 'I No\aly Publil;; Stale 0( F'OOdoI No Llrve Ponied Narm of No\aly l.\y(Xl!lll1'lssloo'lIlln.~ STATE OF R.Ol\IOA 1 couNTY Of 1.\IAM\-OA!lE) ll<lfoco ...., toe urodetslQned lu1ho<ity. pof>Cll4!Y 'WOlled he/sjlo.lCIlQJ1ed Ihls M'<la'l1\ 10( 1M pul1'OS'" sla,1e<llhefll1n and!hal I Is~' and c:on.ct. Ih. M\1lTI~ .me beilQ fll>l by me duly """"'. !j'cj ...ear Ol .~"" tlai 10FFIANT " . ,'{J?NTO 1M) 6UllSClII5EObolQro l\1O t1ls _day 0( 200k No\aly PI.IlOc Slota 0( f'o'olo No LarOe Pmlad Namo 0( No\>ly I.\y (<lCM\IssIoo ,spAs:.. \ . It " \! i::'~~".Ql\IO" I wJI.'iY OF 1.\\JoMl{)A!lE) llolo<e ...., .... und.""ned 1U1l<<iy, POnoonallt oweared "",sha .moM<ll\is IJfda~ "".... pIII'POO4S1l&1ad ......In and !MIlls W\JO ondconod. 1M ,lJf..n~ vd10 be 'ng Iir.ll by .... duly """"'. ~;; .wear Ol .~'"' IN. SWOO/l TO ~O 6UBSCl1I5EO botool me IhlS _ day 01 mwrr .r05L NOW( p\bIo Slata 0( FIr:x'da No LarOe PMIad Namo 0( Nolaly M"'O,lh.r\ls.slJn.~.s' " r- , 1A '\......!!'l t:3USINESS RELATIONSHIP AFFlDA,.r* This Mdavit is made pursuant to Section 31-71 (b)(Z)(ii) of the City of AveotUfa land Development ':;ode. The lJ1dersigned Moant hereby discloses 1I1at (marl< ~ 'x" applicable portions only) if A/fl3llt does not have a Business Relationsh~ wi1h any member of the City Corrmission Q( any City MW,ory Board kl v.l1d11he epprlClltion will be presented. lIZ, MlillIl hereby cflSdoses 1I1at it does have a Business Relalionsh~ wi1h a membe' of ltie City Commission 0( a City A/:Msory Board to \lII11ch the appl'lCIltion will be pcesented, as fol1ows: (List name 01 Commissioner 0( Mvistxy Board Membe~ who selVes on the (List City Commission or City Advisory Board upon which member selVes). The natUfe 0I1he Business Relationsh~ is as follows: _{ ] i. Member 01 City Commission or Board holds an ownership interest in e:<= of 1 % 01 total asSllts or C3jllIaI stock 01 ApprlC3/\l Q( Representative; [I ii. Member of City Commission or Board Is a pat1ner. co-shareholder (as \0 shares 01 a COIJlOration which are not listed on any national or regional stock exchange) 0( joint venturer with the Apptk:ant or Representative in any business venture; [ 1 iii. The Applicant or Representative is a Client 01 a member of tile City Co:nmission or Board or a crl8tlt of another professional working from the same office 0( fOf the same employer as the member of the City Commission or Board; (1 iv. A City Commissioner or Board member is a Cfienl 01 the Applicant or R3plesentativa; [J v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of hls or lIer employer) and transacts more lhan $10,000.00 of the buslooss of the member of the City Commission 0( Board (or his or her employer) in a given calendar year. 11 vi. The member of the City Commission or Board ls a Customer of the Al'pficant or Representative and transacts more than $25,000.00 01 the business of the Applicant .)f RepresentatiVe in a given calendar year.l WITNESS MY H.A:<O THIS ~ DAY OF Oc...fejoc( zoof, 'By: Name: Titte; (Signature) Print) · (print), . WfTNESS MY HAND THIS cR DAY OF Ct.Ui:t, .~ PROPERlY O?~ By. ~~ ~ Name: /) , ' E. -( T1Ite: f).~ o=<::-rlle. 11-.I'h Do.II ol< e.E., (Signature) (Printl (Print) "The tenns "Business Relationship: "Client,. "'Customer," ",Applicant," "Representative' and "Inwresled PelSon" are deffne<1 in Se<;tion 2-395 of the AV8I1lura City Code. , -. '"--" WIDlESSMl' HAND TIlIS.:!J- DAY Of ~ ~ R - ad an Busln= ~ M"ldIlvitj By: (SIgoa(um) By; (SIgnature PrW) Name: (Pri1I) TlJe' ~ I) TIlle: JPrinlJ ~ By. '/// /~ (Signature) By: (S/gnilllre Name' M. O. Baglev (Print) Name: ...1Prft1t) , Tdla: Tille: -lPmt) By: 'By; (SignaWre N;ne:Robert B 1 oomste {PIVfr. Name: fPri1l) TI1fe: Land Surveyor (PrintJ 1l\1e' --!Pritll) By: (Slgnatu~) By: _ (S/gMlw8 Name' (PriotJ Name' _(PrInt) TIlle- (Print) llt1e: (Prillt) By: (Signature) By: (S/gnalu~ Name' (Print) Name: (POOl) l1tle' (PtinlJ Title: -1PrlnO , By. (Slgnarure) By: _ (SlgnalJJt9 Name' (Pmt) Name: -1Print) Tille: (Print) 11de: -fPrint) NOTE: 1) U5e duplicate sheets If d\seIoSlll'e lnlO\'mallon lot Representatlvl votles 2) ,lppllcants llId Alfi.ants Il'e advlsed 10 limel'{ c\llIlllement Ihls ~v1l pw"Suallt 10 See. 31.710>K2l(Iv) 01 the CItY. Land DfNalopmenl RegulatlOllS In die CIty Cod...ln tho I\/Wnt 1lIat prlot ta cOflllldetallocl 011l1e IPlIDca!lon by !he City Board at CollIml$slon, dll Inl<lfm.lion provided In the AlIId.vll b~. Incorrect lII' Incomplete. " RECEIVED TIME OCT. 22, HI: 45AM NOTAA~noHPRO~~OH by .... ~ n.o:n. 0"<1 .-..at or ,If... flat ".' ~~,. , STAlEOFFI.OfllO,l. I .000000Of~ ......)E) MA~.......J n \ I n r 1 Ilrin "". ....lA1de<Slgned 1lJUll<Ir. penooaly ~ leobe<+ btb)..... ."t-ff hoIshe ellllClM<ll1ls ~ lor... pupooes Ila1ad .......ilw tIallls NlW Cll<l'OCl AfRAHT SWORN TO AND SUIlSCllIBED OOIo<e ...thIs }. 4-daY 0( tJ c .t" ~.if 2OOJ,- ~"~ OAVlOP.KII.J.ANE t.rA~)i MYCOMMISSION'OOOl %Jt-...,. EXPIRES. Man:h 26. 2005 ""'4.iii.,-r,..'rfI' Bonded Thru NoWy PtM: UndeIWrilikin 2G-05 STAlEOf R.otlIDA I COIJl.IlY Of MIMlI-DADEl Bolo<e me. the undefSioned autrority. pelSOMlIy _aced heMe ._ t1is ,I,ff,;.<<< lot 1M putpOSOs slalod ",..In end INI k Is b1Je and ~ ,\ q, SEA&. ,iOO JR ..... . '5. :. EXPIRES .l003 oli --." d\:l....., Olelf"", I\at tt)e AffLanl.. ....no ben~ flnOf. by me duty S'MXn, ad S\W3.r 0( afGtm !hat 1oFP.ANT SWOON TO ANO SUBSCElIBED 0010<0 me ... _ day 0( ~ _"fN>i:Slalldl'1ol\lalJ.~ ~ Ilamo 0( NoWy l.\y~O'l'",,- STATE Of R.Ol\lOA I COUl{lY Of MIAAIHlADE) !lebo ..... .... unclerslQned 1W\oc1ly. p,,,,,,,,alf ~ hGIsho o_1l1Is AffdaYil for... P<J<lIOS<S sta1ed .....iI erd I\at lis b1Je and Cll<l'OCl ... ,I,ff..... YoiIo be'''9 r..t by me duly .-n. 0"<1 ....... or alfm ,,"Ir ~ SWORN TO AHD SUBSCElIBEO be""" me d\Is _ day 0{ 2001.- NolaryP.bicSb1toolf'orlda"'~ PrIolod Name 01 NabI\' Ny (;OO1l,lb.sb. oxpt~.: -=' 1a '\--...~ BUSINESS RELATIONSHIP AFFIDAVI..* This Affidav~ is made pursuant to Section 31-71 (b)(2WQ of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that (mark with 'x' applicable portions only) If Affiant does not have a Business Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ ]2. Affiant hereby discloses that ~ does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [ ]i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Applicant or Representative; [ ] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [ ] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. F'.../ I WITNESSMYHANDTHIS~DAYO~ .&~r ,2OOL (Signature) (Print) e. (Print) WITNESS MY HAND THIS _ DAY OF ,~ PROPER1Y OWNER: By: Name: Title: (Signature) (Print) (Print) 'The terms "Business Relationship," "Client." "Customer." "Applicant." "Representalive" and "Interested Person" are defined in Section 2.395 of the A ventura City Code. '~ WITNESS MY HAND THIS ~ DAY OF ol-ck .2OOL /'"ro.r. )lEP ed on Business Relationship Affidavit) I ~. (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Tille: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Trtle: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Trtle: (Print) Trtle: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Tille: (Print) Title: (Print) By: (Signature) By: (Signature Name: (Print) Name: (Print) Title: (Print) Title: (Print) ., NOTE: 1) Use duplicate sheets If disclosure Information for Representative varies 2) Applicants and Affiants are advised \0 timely supplement this Affidavit pursuant to Sec. 3H1(b)(2)(lv) of the City's Land Development Regulations In the City Code, In the event that prior \0 consideration of the application by the City Board or Commission, the Information provided In the Affidavit becomes Incorrect or Incomplete. STATE Of fU)RIOA I COUNTY Of IoI1MIHlADEl 8010<0 me, !he oo:lel'Signed auUlofty, """,,,,"Iy appealOd . 'rV{ by me dIiy cv.om, cd ...... or Iff"" tlat _.-:~===:~:,::Z~ ~'I {; OFFlOAL NcrrAR'i SEAL / : (~ . ~bU'!1d." JOSIE GENCO No'tatv PIblic Stale of F . AI ~ NoTARY P\JBUC STATE OF FLORiOA COIolMISSION '(<<). CC9!ll548 Printed Name of Notary MY COMMISSION EXP, NOV. 13,21))1 My c::onvnisslon e",ires: II -I?> 2(J1Ji( NOTARIZATION PROVISION J , STATE Of FlORlOA ) .COUNTY Of M\AMI-oADE) 8010<0 me. IIle oo:lel'Signed au1!>:lrity, per>onally appealOd haIstoa elOlCU1od f1Is M'da>illor the purposes slated toe.." ond Ilallls IrIIe ond 00<T0Cl toe Affiant, ..00 beilg Ii<>l by me duty cv.om, cd swear or Iff"" tlat SWORN TO AND SUBSCRIBED belore me this _ day 01 AFFWIT 2001.- Notary PlbrlC Stale 01 Florida AlLelV< Printed Name of Notary My COlM1ission expires: ST"TE OF R.ORIDA ) COUN'lY OF MIAMI-oADE) Before me, the unde~ned autt'OOty, pe""""lIy appeared heIshe e_thls Affdavit lor toe purposes slated therein and that lis true and correct the Affiant, who beilg r.m by me duly sworn, did swear or a!lirm lhal AFFIANT SWORN TO AND SUBSCRIBED belo<o me IhIs _ day 01 ~ NoIar{ PIblic Stale of Florida AI LaJve pooted Name of Notary My c::onvnisslon eJqlRs: 'STATE Of R.ORID" ) COUNtY Of MIAMI-oADE) Belo<o me. "" unde~ood eu1l'OOIy, per>onally appeared helsI\e elOlCU1od IhIs Affidavit lor "" purposes slated the..1n ond thaI. Is true and correct "" Affiant, who beilg Ii<>l by me duty cv.om, cd swear or afflll1\ that AFFWIT SWORN TO AND SUBSCRIBED belore me this _ day ot .200/..- Notary PIb\ic Stale 01 Florida AI LaJve Printed Name 01 Notary My c::onvnisslon alqlires: RESOLUTION NO. 2003-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-193(e)(1) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW MODIFICATION TO A COMMERCIAL ADVERTISING SIGN LOCATED ON THE EAST SIDE OF THE FLORIDA EAST COAST RAILWAY TRACKS SOUTH OF IVES DAIRY ROAD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned U, Utilities District; and WHEREAS, the applicant, Clear Channel Outdoor Inc., through Application No. 01-VAR-03, is requesting a variance from Section 31-193(e)(1) of the City's Land Development Regulations to allow the existing commercial advertising sign to be modified and elevated, where the City Code provides that no legally non-conforming commercial advertising sign may be moved, altered or replaced; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the Application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for a variance from Section 31-193(e)(1) of the City's Land Development Regulations to allow an existing commercial advertising sign to be modified and elevated to an overall height of 55 feet measured from the bottom of the base of the support structure to the top of the sign face, where the City Code provides Resolution No. 2003-_ Page 2 that no legally non-conforming commercial advertising sign may be moved, altered or replaced, on property legally described as follows: A portion of Section 35, Township 51 South, Range 42 East, Miami-Dade County, Florida, being a portion of the lands owned by the Florida East Coast Railway Company lying west of Biscayne Boulevard and south of Ives Dairy Road, City of Aventura and more particularly described in Exhibit "A" to this Resolution is hereby granted to the applicant, subject to the following conditions: 1) Plans shall substantially comply with that submitted as follows: . Specific Purpose Survey, Clear Channel Outdoor Inc., Sheet 1 of 1, prepared by Bloomster Professional Land Surveyors Inc., dated 4/12/02, revised 4/23/02,7/11/02,9/27/02,10/30/02 and 12/10/02, signed and sealed. 2) 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. 3) The applicant agrees to fulfill all of its obligations defined in Section II of the agreement made between Clear Channel Outdoor Inc. and the City of Aventura dated September 3, 2002. These obligations include, but are not limited to, the following: i. The applicant will demolish and completely remove, within 30 days of issuance of permits, Billboards Nos. 1 and 6 depicted on Exhibits "B" and "C" respectively to this Resolution, prior to modification of Billboard No. 2 depicted on Exhibit "0" to this Resolution. ii. The applicant will advise Florida East Coast Railway Company, within 10 days of the date of this Resolution, that it has no objection to the obstruction, if any, of visibility of certain billboards which are situated upon the ground or upon buildings or structures located on or near the FEC right of way in the vicinity of Biscayne Boulevard and NE 187 Street. iii. No replacement of Billboards NO.1 and NO.6 will be installed. iv. No further billboards will be installed at any location in the City of Aventura. 4) As proffered by the applicant at the November 21, 2002 City Commission workshop meeting, the applicant voluntarily agreed to the imposition of a Resolution No. 2003-_ Page 3 condition, herein imposed, to be further supported by applicant's recordable covenant to the City, that no advertisement for "adult use" as defined in Section 31-21 of the City's Land Development Regulations shall be placed on the subject sign. 5) The applicant shall provide its recordable covenant to the City that it and its successors will not object to the existing or any future landscaping in the center median of Biscayne Boulevard in the vicinity of the subject sign and confirming irrevocably that the applicant has no objection to any existing City landscaping in the FEC right-of-way at any location in the City. 6) That the form and substance of the covenants described in Conditions numbered 4) and 5) above shall be subject to the approval of the City Attorney. The covenants are required prior to permit issuance. Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg Mayor Jeffrey M. Perlow Resolution No. 2003-_ Page 4 PASSED AND ADOPTED this 7th day of January, 2003. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this _ day January, 2003. CITY CLERK Resolution No. 2003- Page 5 EXHIBIT A TO RESOLUTION NO. 2003- LEGAL DESCRIPTION OF LAND The Florida East Coast Railway right of way lying in a portion of Section 35, Township 51 South, Range 42 East, commencing at the southwest corner of the southwest Y. of Section 35, thence N 87 degrees E, 598.23 feet, thence N 02 degrees W, 820.57 feet, thence N 87 degrees E, 100 feet for the point of beginning, Thence N 02 degrees W, 1640.18 feet southeasterly ad 311.84 feet, thence S 02 degrees E 200 feet southeasterly ad 313.20 feet. thence S 02 degrees E, 400 feet southeasterly ad 154.21 feet, thence S 00 degrees E 109.51 feet southeasterly Miami-Dade County, Florida ~~-A TO: The Aventura City Commission FROM: Herb Friedlander and signatories shown below RE: Agenda Item #3-A Zoning Variance For A Sign Request For Withdrawal or Postponement of Agenda Item DATE: January 7,2002 The undersigned individuals are residents of Aventura who support the strict sign provisions of the City of A ventura and therefore oppose the granting of this variance. We ask the City Commission to postpone Agenda Item # 3-A for further study on one or more of the following grounds: 1. The applicant may not possess the legal ownership rights to bargain with the City as presently contemplated and there is recent evidence available to suggest that there are legitimate questions about whether the applicant has the legal authority to fulfill its promises. 2. The zoning application does not, in our opinion, meet the application criteria concerning "whether the... the development action serves a public benefit. . ." 3. The zoning variance application is deficient as to form because the owner did not sign in their corporate capacity as an officer of the corporation. For these and other reasons that may be entered into the record orally at the hearing, we respectfully request that this agenda item be withdrawn or postponed for further study in light of the questions raised. t/~ '~ t~~~>uv T~ ?>A- ..'10"---. I 'i;l Ii; mOl II; M \;'1 Ln tu': ' M,~~U~B \1 ~ ' '~ HI JUL 0 1 1998 R/W ADMINISTRATION crORDS MANAGEMP'- 'T("I'T"nlJ"l- """,... , ...., ~ '.;....--..- ,. -.' - -- . IN THE CIRCUIT COURT OF THE ELEVENTI-lJUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CIVIL ACTION NO. 97-28166 CA 02 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, PARCEL 122 Petitioner, bjj ~ C 1qCl' /2/ f,~ Ju t.,,~ ~/) " ;1"'? "-11. f::t.. . < /, OJ> Df:pf' ~ '8.9. J?.s: ML.Of:" '8 ''1!,,~ 1;;11\1.)",., '. "Z '''''00. 03;j7/~V;I';O;\t vs. TREFON MACKRIDES, et aI., Respondents. / STIPULA TED FINAL JUDGMENT AS TO INTEREST OF AK MEDIA THIS MATTER having come before the Court on the joint motion of Petitioner, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, and Respondent, AK MEDIA GROUP, INC., set forth herein-below, and the Court being otherwise advised, it is ORDERED AND ADJUDGED: ; 1. That the Respondent, AK MEDIA GROUP, INC., does have and recover of ( and from the Petitioner, STATE OF FLO~D: ~~~.^~Tlv1ENT OF TRANSPORTATION, the ,N I sum of SEVEN HUNDRED FIFrY THOUSAND and NO/lOO DOLLARS ($750,000.0()), ~ ~/\ \, MI Jla>,m~ for the taking of the rights of said Respondent in Parcel 122 and t~c billboard located thereon, inclusive of all danlages; plus the sum of SIXTY ONE THOUSAND EIGHTY - - SIX and 54/100 DOLLARS ($61,086.54) for all of said Respondent's attorney's fees and costs -:::-~-.u___ in this matter. ( 2. That within thirty (30) days of the entry of this Stipulated Final Judgment, the Petitioner, STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, shall pay into the Registry of the Court the sum of TWO HUNDRED ELEVEN THOUSAND EIGHTY SIX and 54/100 DOLLARS ($211,086.54), which is in addition to the SIX HUNDRED THOUSAND and NOIlOO DOLLARS ($600,000.00), already deposited by the Petitioner on behalf of the Respondent, AK MEDIA GROUP, INC., pursuant to the Order of Taking entered by this Court On March 26, 1998. 3. Forthwith upon receipt of the funds and without need for further Order of Court, the Clerk of thc Court shall issuc its rcgistry check, made payablc to MARK S. ULMER, TRUSTEE, in the sum of TWO HUNDRED ELEVEN THOUSAND EIGHTY SIX and 54/100 DOLLARS ($211,086.54), and shall immediately forward said chcck or warrant to Mark S. Ulmer, Esq., the Respondent's attorney, at 11900 Biscayne Boulevard, Suite 612, Miami, Florida 3318 I;' for further disburscment by him in accordance with thc terms of this Stipulated Final Judgmcnt. 4. It is furthcr ordercd that the sum of SIX HUNDRED THOUSAND and NOIlOO DOLLARS ($600,000.00), rcfcrrcd to in paragraph 2 abovc, is hcreby rcleased from trust and the trustee is hereby ordcrcd to disburse funds in accordancc with this stipulated final judgment. DONE AND ORDERED this Ir day Ofr , 1998 in the Statc of Florida, County of ",do -i])ru 1 , attorney 'lor the Department of Transporlntion in Ulis muse certify that to the hest of my knowledge this Court Order is true 2nd accurate of that entered by the Circuit Court. RONALD M. FRIEDMAN By: CIRCUIT COURT JUDGE ) JOINT MOTION The parties, by and through their undcrsigned counsel, move for the entry of the forcgoing Stipulated Final Judgmcnt this ({ (>- day of June, 1998. STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION 1000 N. W. Illth Avenuc Miami, Flo ida 33172 (305) 0 712 By: /'. PE ER D. WALDMAN, ESQ. Florida Bar No. OIl495 MARK S. ULMER, ESQ. Attorney for AK MEDIA 11900 Biscayne Blvd.. Suite 612 Miami, Florida 33181 (305) 891-9898 BY:~& MARK S. ULMER, ESQ. Florida Bar No. 373990 ATTACHMENT A SETTLEMENT RECOMMENDATION W.P.1. No.: Sec/Job. : State Road No.: County: Parcel No.: 6114017 87030-2534 5 Dade 122 The following is a recommendation of settlement as to the interests of AK Media Group, Inc., in this matter. For the reasons set forth below, I recommend that we settle AK's claim in this case for $750,000.00, their attorney's fees for $49,500.00 and taxable costs for $11,586.54 A. INFORMATION CONTAINED IN ALL AVAILABLE APPRAISALS Parcel 122 is the taking of 1,560 square feet of land from a commercial property located approximately 120 feet north of N.E. 203rd Street in A ventura. This property contains 8,166 square feet of land. Additionally, the site is improved with an outdoor advertising sign which contains four faces. It is the outdoor advertising sign which is the subject of this settlement recommendation. ~ // ~ The Department's acquisition will render the existing billboard sign in violation of A ventura's recently enacted sign code ordinance, specifically the lO-foot setback requirement. As a result the O.D.A. sign will have to be removed. Additionally, even if the sign were not removed it will no longer be visible from Biscayne Boulevard, because the road is being elevated by approximately 40 feet. This settlement is for the value of Ackerly's interest in their improvement to the subject site's real estate. "- B. DISCUSSION OF RELEVANT APPRAISALS The Department's Order of Taking appraisal was prepared by Ed Parker. In determining the value of AK's interest Parker utilized an estimated annual gross revenue of $300,000.00 for the 4 sign faces and a gross income multiplier of 4 based on market eomps. Using this methodology Parker arrived at a tolal value for the billboard improvement of $1,200,000.00. Based on industry standards, he then determined that 50 % of this value was business related and should be deducted from AK's compensation. As a result Parker determined that the value of AK's interest in Parcel 122 was $600,000. \,,_, 6;_':"'~.;;i'J.i o2cJ-n\~')) AK had an appraisal of their interest done by Don ~e. Sutte utilized an actual income stream of $260,000 and a gross income multiplier of 5 fto-~;rive at a value for AK's interest in the subject sign of $1,300,000. It is AK's position that the revenue stream totally stems from the real estate improvement and that there should be no business related deduction from their damages. This settlement is based on utilizing AK's actual revenue stream of $260,000 for the subject sign and Parker's market derived gross income multiplier of 4, which results in a total value for the sign of 1,040,000. It was then proposed to deduct 28 % of this value as being business related, rather than 50%. Due to the difficulty of determining the appropriate business deduction this \ \ \ I , i I ( increased risk of the sign cOInpared to a typical COlllInercial property. This settlement is also based on the Mackrides' attorney agreeing to accept a fee of $50 000 rather than a statutory fee bascd on thc bencfit achicvcd. Thc statutory fcc in this casc w~uld havc bcen $104,750 (33 % of thc first $250,000 of thc bcncfit and 25 % of thc rcmaining bcncfit after $250,000 of $89,000; thc total bcnefit based on this scttlcmcnt was $339,000 which is the differcncc bctween thc initial offer of $201 ,000 and this settlemcnt of $540,000). Additionally, this settlement results in thc savings of additional costs associated with prolongcd litigation. ~ 'i, '.'-!'''~';'').'~;1'J~,,~~l,.t~,~l;'" .' '_._~' "':{I?;: C. ATTORNEY'S FEES AND COSTS As discussed above the Mackridcs' attorney agreed to accept a fce of $50,000 based on this scttlement. I also rccommcnd that we scttle AK's taxablc costs in this casc for $13,425. This amount rcprcsents appraisal costs of $10,000; cngincering fccs of $675; planner costs of $2,500; survcying fees of $50; and court rcporting costs of $200. Thesc are all reasonable amounts for the services rcndcrcd in this matter. Furthcrmorc, it is likely that thc court would award the samc at a hcaring to tax costs. ;~3>A-- . ,,' ," STATE OF FLORlDA DEPARTMENT OF TRANSPORTATION, Cz'y ~?~~'Y~-/~".~~'~U;~ _Ji IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORlDA ',_ ' Gt~ERALJURISDICTION DIVISION H ~u~ ~3i ~~f~ ~ R/W ADMINISTRATION crORDS MANAGEMFw .....10TOrr,..r "'p Petitioner, / :--~ ; . ~rl :--\ - J .r:...' ';. ( , 'I? '-;' -0 ::.~ 0 --.j t"'~ '-l 5 ;z:. t::J - ~:!j t'j <.._ ~r,1 :~ ~f _:..... 0\ r N t-l~.. en (:1....... oc.... - )- '.. zg "\:l co glj l" Y' vs. CASE NO. 97-28166 CA 02 71 n r;1 _"11 .. , TREFON MACKRlDES & DESPINA MACKRlDES, et aL>:' ' :., PARCEL NO. 122 Defendants. .', STIPULATED FINAL JUDGMENT THIS CAUSE came before thc Court upon the Joint Motion set forth bclow. The COUli being advised in the premises, it is thercfore ORDERED AND ADJUDGED I. The Defendants, TREFON MACKRlDES & DESPINA MACKRlDES, shall have and recover from the Petitioner thc sum of FIVE HUNDRED NINETY THOUSAND DOLLARS AND NO CENTS ($590,000.00), in full paymcnt for the taking of Parcel No. 122 dcscribcd bclow, including damages arising thercfrom, if any, inclusive of attorneys' fees and exclusive of costs. SECTION 870300-2534 STATE ROAD 5 DADE COUNTY DESCRlPTION FEE SIMPLE RlGHT OF WAY PARCEL 122 SECTION 87030-2534 Those portions of Lots 1 through 4 inclusive, Block 1, HALLANDALE PARK NO.8, according to thc plat thereof as recorded in Plat Book 20, at Page 49, of thc Public Records of Dade County, Florida, in the Southwest one.quarter (S.W.l/4) of Section 34, Township 51 South, Rangc 42 East, and being morc particularly described as follows: , :~ ' ':c' CASE NO. 97-28166 CA 02 BEGIN at the Northeast corner of said Lot I; thence along the East line of said Lots I and 2, South 030] 6'02" East a distance of ]5.066 meters (49.43 feet); thence South 86043"58" West a distance of 2.500 meters (8.20 feet); thence South 18034'48" West a distance of 4.870 metcrs (15.98 fect); thencc South 03 0] 6'02" East a distance of 11.634 meters (38.17 feet); thence along the South line of said Lot 4, South 8r38'53" West a distance of 5.746 metcrs (18.85 feet); thence along thc Southcast linc of said Lot 4, South 22 022'04" Wcst a distance of 0.503 meters (1.65 feet); thcnce along thc South line of said Lot 4, South 87040'56" West a distance of 1.6]5 meters (5.30 feet) to a point on a circular curve concave to the Southeast and having a radius of873.232 meters (2,864.93 fcet) and a tangent bearing of North 13 055'52" East; thence run Northeasterly along the East Right- of- Way line of State Road No.5 (Biscaync Boulevard) and thc are of said circular curve to the right through a central angle of 02 0 I 0'57" for a distance of 33 .264 mcters (109.13 feet); thence along the North line of said Lot 1, North 87040'56" East a distance of 1.452 metcrs (4.76 fect) to the POINT Of BEGINNING." Containing ]44.9 square meters (1,560 square feet), more or lcss. 2. That the amount ofTH]RTEEN THOUSAND fOUR HUNDRED TWENTY-FlVE DOLLARS AND NO CENTS ($13,425.00) is hereby awardcd to the Defendants for reasonable costs incurred as to the 'subject parcel as follows: Appraiser, Jesse B. Vance Planner, Leigh Kerr Engincer, Alan Tinter Surveyor, Michael Flynn Kelly, Black, Black, Byrne & Beasley for miscellaneous costs $] 0,000.00 $ 2,500.00 $ 675.00 $ 50.00 $ 200.00 3. The Defendants will neither seek nor bc awarded any further monies from the Petitioner in this cause. 4. The Petitioncr, having previously been ordered to deposit the sum of FIVE HUNDRED FORTY THOUSAND DOLLARS AND NO CENTS ($540,000.00) into the Registry of the Court, and said sum (minus $247.54 paid to Dade County Tax Collector) having been deposited into an interest-bearing account, shall deposit within thirty (30) days of receipt of a -2- ...L CASE NO. 977c281GG CA 02 conformed copy of this Order the additional sum of SIXTY-THREE THOUSAND FOUR HUNDRED TWENTY-FIVE DOLLARS AND NO CENTS ($63,425.00) into the Registry of this Court as payment of this Stipulated Final Judgment. 5. Upon said deposit into the Court Registry, the Clerk of the C-ourt shall forthwith and without further order of the Court, disburse the amount of SIXTY-THREE THOUSAND FOUR HUNDRED TWENTY-FIVE DOLLARS AND NO CENTS ($63,425.00) to KELLY, BLACK, BLACK, BYRNE & BEASLEY, P.A., coilhsCl for said Defcndants. 6. That Kelly, Black, Black, Byrne & Bcasley, P.A. shall disburse forthwith or upon deposit to the Defendants Mackrides and their counsel the sums rcferenccd in Paragraphs 4 and 5 above in payment of the award for the taking of Parcel 122, attorneys's fees and costs. 7. The Court reserves jurisdiction to otherwise enforcc the terms and conditions of this Final Judgment. DONE AND ORDERED in Chambers in Dadc County, Miami, Florida, on this day of .,;fUN 2 3 1998 ,1998. RONALD M. FRiEDIv1A..1'i CIRCUIT COURT JUDGE Conformed copies furnished to: Robert C. Byrne, Esq. Pete Waldman, Esq. Mark Ulmer, Esq. _ '~;\lori1c": .,_, I t .. - . ~ - ..- . ..' "'f Transportct\lm . ", Departll1cnt (J lor n .t' f,' that to the "_ . ~ "C\ , to-d"r tn \.lns cau.,-.... wk~(h~c this Cont", ;' ... \>cst of 111;' kno - { lhut <,,,t,,rei! ~ 'tiue and ncctl.!'c.le 0 ,5 , 't Court . h .r-'~tt1 . ]JY t e Vll. , -~- CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM FROM: Eric M. Soroka, IC City Manager BY: Joanne Carr, AICP e::Jt . Planning Director TO: City Commission DATE: December 17, 2002 SUBJECT: Request of Merco Group at Aventura Landings I, II & III, Inc., for variance from Section 31-75(b)(4) of the City's Land Development Regulations which prohibits temporary sales offices and model homes at the property without an approved site plan for the permanent use which it is intended to serve. (02-VAR-03) January 7,2003 City Commission Meeting Agenda Item 36 RECOMMENDATION It is recommended that the City Commission deny the request for a variance in that it does not meet the criteria for granting of variances found in Section 31-76(e) of the City's Land Development Regulations and in that it is inconsistent with the City of Aventura Comprehensive Plan. THE REQUEST The applicant, Merco Group at Aventura Landings I, II & III, Inc., has requested a variance from Section 31-75(b)(4) of the City's Land Development Regulations which prohibits temporary sales offices and model homes at sites without an approved site plan for the permanent use which it is intended to serve. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY NAME OF APPLICANT ADDRESS OF PROPERTY SIZE OF PROPERTY LEGAL DESCRIPTION LAND USE DATA Zoning - Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Existing Land Use - Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Future Land Use - Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: B2 RMF3 RMF4 U B2 Merco Group at Aventura Landings I, Inc. Merco Group at Aventura Landings II, Inc. Merco Group at Aventura Landings III, Inc. Ben Fernandez, attorney for the applicant NE 185 Street and NE 28 Court (See Exhibit #2 for Location Map and Exhibit #3 for Aerial Photograph) Approximately 8.36 acres for entire parcel Approximately 1.66 acres for proposed trailer site A portion of the SW Y. of Fractional Section 3, Township 52 South, Range 42 East, Miami- Dade County, Florida (see Exhibit #4 for complete legal description) Community Business District Multi-Family Medium Density Residential District Multi-Family High Density Residential District Utilities District Community Business District Vacant Multi-Family Residential Multi-Family Residential Utility Station Vacant Business and Office Medium-High Density Residential Medium-High Density Residential Medium-High Density Residential Business and Office 2 The Site. This site presently comprises two parcels separated by the NE 28 Court extension south of NE 185 Street. The parcel fronting NE 28 Court is approximately 6.70 acres and the parcel fronting NE 185 Street, on which the trailer is proposed, is approximately 1.66 acres. The Project - The applicants have applied for site plan approval of a residential development on this site. A staff review meeting was held on December 3, 2002. The plan as submitted requires comprehensive plan amendment approval, rezoning approval, abandonment of right-of-way approval and variance approval for those items that do not meet the site development standards. The site plan is being revised and will be resubmitted for further staff review. The applicants propose to dedicate and construct the extension of Miami Gardens Drive through their site as part of the site work. The details of dedication and timing of road construction are to be detailed in a Development Agreement, which will require approval prior to site plan approval. ANALYSIS Consistency with Comprehensive Master Plan - The request is not consistent with the City of Aventura Comprehensive Plan. An amendment from Business and Office to Medium-High Density Residential land use designation is required. Citizen Comments. The Community Development Department has received no written citizen comments concerning this application. Community Development Department Analysis - The applicants are requesting a variance from Section 31-75(b)(4) of the City's Land Development Regulations (LDRs) for approval to locate a temporary sales facility for a proposed residential development of its land prior to the granting of an administrative site plan approval for the residential development itself. Criteria The guidelines for approval of variances as required by Section 31-76(e) of the City's Land Development Regulation states: Standards of review. A variance shall be granted only where competent and substantial evidence presented in the particular case shows that all of the following are met: (a) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. 3 The applicants describe their hardship, in the attached Letter of Intent, as the considerable amount of expense incurred as a result of the environmental remediation presently underway on this site. (b) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The difficulty claimed by the applicants is unique to this parcel. The difficulty claimed results from the applicant's lengthy environmental remediation of the site. While each variance request is of a unique and independent nature, the following information is provided for Commission's information. Two previous requests for sales offices on sites without site plan approval have been made to the City Commission. In October of 1999, sales trailers were approved for the Hamptons South condominium and the Peninsula condominium prior to final site plan approval. Those approvals were conditioned upon execution of an agreement by the developer that required a removal bond of $50,000.00, prohibition of opening or issuance of a Certificate of Use and Occupancy until final site plan approval for the permanent use, that the developer take all action necessary to be ready for final site plan approval within 90 days of the date of the resolution, that the trailer be landscaped according to an approved plan, that the trailer be located within 300 feet of an operating fire hydrant and that the trailer be removed if the developer had not taken all steps necessary, within 90 days, to obtain approval of the final site plan. These two sites differ from the site subject of this report in that neither required comprehensive plan amendment approval, rezoning approval, abandonment of right-of-way approval or variance approval prior to administrative site plan approval. (c) 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 LOR. The applicants' difficulty is economic in nature, as stated in their Letter of Intent. While the difficulty has not been deliberately created by the applicant, City staff has recommended to the applicants that an off-site sales office in an existing retail or office plaza has been used successfully by other developers in the City. (d) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The granting of the variance may be detrimental to the public welfare or injurious to other property or improvements in the vicinity. Under normal circumstances, a temporary sales trailer is usually considered tolerable because it is accessory to the construction of the permanent use. However, by granting approval of the temporary use without the permanent use in place and due to the number of public hearing approvals 4 required before the site plan can be administratively approved, the impacts may occur for a longer period of time. (e) 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 temporary use will not substantially increase traffic congestion or increase the danger of fire or endanger the public safety or substantially diminish or impair property values. 5 LAW OFFICES r AEO!\VED BERcaw & RADELL PROFESSIONAL ASSOCIATION JEFFREY BERCOW BEN J. FERNANDEZ MICHAEL W. LARKIN GRAHAM C. PENN MICHAEL E. RADELL FIRST UNION FINANCIAL CENTER. SUITE 850 200 SOUTH BISCAYNE BOULEVARD MIAMI. FLORIDA 33131 NOV Z 5 2002 DIRECT: 305-377-6235 E-MAIl.:BFERNANDEZ(Q)SRZONINOLAW.COM 'COMM!t~!!X~~~V3~~?~~~NT FAX (305) 377-6222 JANA K. McDONALD OF COUNSEL VIA HAND DELIVERY - November 21,2002 Ms. Joanne Carr, Director Department of Planning & Zoning City of A ventura 19200 West Country Club Drive A ventura, FL 33180 RE: Temporary Sales Trailer for Aventura Landings Dear Ms. Carr: This law firm represents Merco Group at Aventura Landings, I, II, III, Inc., (" Applicant") with respect to the referenced application for a variance to permit a temporary sales trailer on the subject property. -, The subject property is located at the intersection of NE 185th Street and NE 28th Court. The property is approximately 6.19 acres in size and has been the subject of a considerable amount of environmental remediation. The Applicant has submitted a site plan to the City of A ventura for a residential development which will be reviewed at the December 3, 2002, Design Review Board meeting. As the enclosed application indicates, the Applicant is now requesting a variance to permit a temporary sales trailer on the property in order to allow pre- construction sales to begin on the site. The considerable amount of expense incurred as a result of the environmental remediation has created a hardship, which justifies the approval of the requested variance. The proposed trailer will be well landscaped and .EXHIBIT #1 02-VAR-03 Ms. Joanne Carr, Director November 21,2002 Page 2 designed to be compatible with the surrounding area pursuant to the enclosed plans. For these reasons, we request the Department's favorable review and recommendation. Should you have any questions or comments, please do not hesitate to call me at 305-377-6235. 7l~dt BF /bl BERcaw &. RADELL PROFESSIONAL ASSOCIATION BROWARD COUNTY ..-.-.-.-. DADE COUNTY .. .. :. :. :'!I :. .. :. :, :, :, :, :1 ., :, :1 0' :1 ., :. ".' .f" ';.;'_1..., " II :W~SDAIRY RD. :, :' :' :' :, 0' :, -:. " - -i. :' 0' :1 :' :' :' :' :' :' :' :' :' :' :' :' :' :' :' :' :' . , :. l- :- .'1.:,- ~ :r: W X Ci ~ MIAMI GARQENS DR. {----. n"" \IT I."':'"': ~":-: ".-:=' '\ ..,." "",.. ......... -rv ""1"'1' ......,...;... ~stream YACHT US DR. : , , , . . , . . , , , , . , . . , . . , . , , -'~- /' . fW '~ I "Ot' , (") '---, , \ WATERWAYS BLVIL-J Waterways Shoppes 207 ST. Aventura Mall 192 ST. 191 ST. Loehmann's Fashion W Island ~ Ol CJ 190 ST. 188 ST. Maule Lake LEGEND -- ci > -J m Z .q; W o o 192 ST. ~ -J m Z U5 o o Atlantic Ocean e Roadways . . . . . . City Boundary ZIP Code Boundary ----------- Railroad I I ~ EXHIBIT #3 02-VAR-03 Site shown in dotted outline [ill,@0:11 @:i13@SwOlPiJ'O@R]g The North 310.86 feet, of the following described property: A portion of the Southwest 1/4 of Fractional Section 3, Township 52 South, Range 42 East. Miami-Dade County, Florida, being more particularly described as follows: Begin at the Southwest carner of the Northwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Fractional Section 3; thence N89degS9min26secW, along the South line of the Northeast 1/4 of the Southwest 1/4 of the Southwest 1/4, of said Section 3, for 80.21 feet; thence NOOdeg01min45secE far 310.86 feet to a paint on a curve (said point bears SDOdeg08min15secW from the radius point of the next described circular curve); thence Southeasterly, along a circular curve to the left (concave to the Northeast), having a radius of 694.59 feet and a central angle of 00deg05min30sec for an arc distance of 1.31 feet to a point of tangency; thence S89deg58min15secE, along a line. parallel with and 20.00 feet South of as measured at right angle to the North line of the South 1/2 of the Northwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3, For 4J1.94 feet; thence SOOdegOOmin45secW, along the Westerly Right-of-Way line of N.E. 28th Court and its Southerly prolongation as recorded in Official Records Book 6088, Page 160 of the Public Records of Miami-Dade County. Florida, Far 760.62 feet; thence N89deg59min25secW. along a line parallel with and 449.91 feet South of, os measured at right angles to the North line of the Southwest X of the Southwest 1/4 of the Southwest 1/4 of said Section 3, For 346.87 feet; thence NOOdeg46min52secW, along the East line of the Southwest 1/4 of the Southwest 1/4 of said Section 3, for 449.95 feet to the POINT OF BEGINNING, lying and being in Miami-Dade County, Florida. AJ':llIl); The South 449.91 feet. of the following described property: A portion of the Southwest 1/4 of Fractional Section 3, Township 52 South, Range 42 East, Miami-Dade County, Florida, being more particularl y described as Follows: Begin at the Southwest corner of the Northwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Fractional Section 3; thence N89deg59min25secW, along the South line of the Northeast 1/4 of the Southwest 1/4 of the Southwest 1"4, of said Section 3. for 80.21 feet; thence NOOdeg01min4SsecE for 310.86 feet to 0 point on 0 curve (said point bears !!DOdeg08min15secW from the radius point of the next described ci"ular curve); thence Southeasterly, along 0 circular curve to the left (concave [0 the Northeast), having 0 radius of 694.69 feet and a central angle of 00deg06min30sec for on ore distance of 1.31 Feet to a point of tangency; thence S89deg58minl5secE, along 0 line parallel with and 20.00 feet South of as measured ot right angles to, the North line of the South 1/2 of the Northwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Section 3, for 431.94 feet; thence SOOdegOOmin45secW, along the Westerly Right-of-Way line of N.E. 28th Court and its Southerly prolongation os recorded in (Official Records Book 6088. Page 160 of the Public Records of Miami-Dade County, Florida, for 760.62 feet; thence N89deg59min25secW, along a line parallel with and 449.91 feet South of. as measured at right angles to the North line of the Southwest 1/4 of the Southwest 1/4 of the Southwest 1/4 of said Section 3, for 346.87 feet; thence NOOdeg46min52secW, along ,the East line of the Southwest 1/4 of the Southwest 1/4, of said Seelion 3, for 449.95 feet to the POINT OF BEGINNING. lying and being in Miami-Dade Caun ty, Florida. AJ':llIl); A portion of the East 1/2 of ,the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Fractional Section 3, Township 52 South, Range 42 East, Miami-Dade County, Florida, being more particularly described os follows: Commence at lhe Northwest corner of the East 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Fractional Section J; thence run S89degS9min25secE along the North boundary of the East 1/2 of the Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of said Fractional Section J, a distance of 90.17 feet to the paint of intersection with East Right-of-Way boundary of Northeast 28th Court as described in that certain Right-of-Way EXHIBIT #4 02-VAR-03 ~ ..,"- " , '\ ,,; ""'...~ APPLICANT REPRESENTATNE AFFIUAVIT Pursuant to Section 31-71(bX2Xi} 01 the City 01 Awntura Land ll<MlIopment Code, this Applicant RepresentaIiIIe AIIidavit is hereby made and sWmiIted. The Lrldersigned d1oriZ8d representative of the indvidJal or entity appI)<ing for the lllNeIopnent Perrrit which is identified in the tM)(ll,lp8t1ying application, and the owner of the property &qect to the application [If ciflerent) hereby lists and identifies all persons representing the indi'lAdJal or entity applying for the lJev90pmenl Pem1it in connection with thIl ~.. follows: Name ~e.,",,- ~(?v'V'\a,^{9-.e 'L. MOU\Jl1.-1 Su \u ..."'If~As;w<-;.J;eJ b ~!- -(7'" ,<:,^~---eLVS ({~)S tJ r/! Z- Rela60nship (ie, AIforneys. AtchiIec/s. ~ Arohiteds. ~. Lobbyists. EIo.) A ~0v~A ft.t 0.-..', -\- ~ S t::",,~,,^-e.L v s ~~ -'",'r', (Attach A<XItional Sheets If NecessalY) NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON USTED ON THE APPUCANT REPRESENTATIVE AFFIDAVIT SHALL BE BINDING UPON THE INDMDUAL OR ENTITY APPLYING FOR THE DEVEL PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. WITNESS MY HAND THIS fL DAY OFCPffim~ TI1Ie: AO:i\lss: 510/ ::0 '3 I 4lJ Ave By: Name: e"1- , (Pril)f) nue:.&1InvY\P y AO:i\lss:~' . -#8sD 'f.-,\,t{iUlt fv ~~I~I By: Name: AUTH STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) Before me the undersigned authority personally appeared &>1'\. ~'lI.t.twl-t u as the a Applicant and'or the owner of the property &qect to the application, who being first by ~ sworn, d executed Ilia Affidavit for the pwposes staled therein and that it is bue and conect ,:> _ AFFIANT SWORN TO AND SUBSCRIBED BEFORE ME llia!2day of Qr..Mbtr .200 ~ BETTY LLERENA MY COMMISSION /I 00 096981 EXPIRES: February 21, 2006 1-8(X).3-NOTARY FLNl:ll-vService&BoncItng,lnc . 1l BUSINESS RELATIONSHIP AFFlDAVIT* This Affidavit is made pursuant to Section 31-71 (b)(2)(ii) of the City of Aventura Land Development Code. The~ndelSigned Afflal1t hereby discloses that (marl< with .x. applicable portions only) ~1. Affiant does !!!!! have a Business Relationship with any membar of the City Commission or any City Advisory Board to which the application will be presented. [ ]2. Affiant hereby discloses that ij does have a Business Relationship with a member of the Cily Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Applicant or Representative; [] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ ] iii. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [ I iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [ ] v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS ~DAY OFjk~, 200L (Signature) (Print) (Print) WlTNESSMYHANDTHIS 6 DAYOF ~ ,~ By: Name: TrtIe:~ (Signature) (Print) (Print) "The tenns "Business Relationship," "Client," 'Customer," "Applicant." "Representative" and "Interested Person" are defined in Section 2.395 of the Aventura Cffy Code. , .. '\~...~ BUSINESS RELATIONSHIP AFRDAVIT* This Affidavit is made pursuant to Section 31-71(b)(2)(ii) of the City of Aventura Land Development Code. The unde~ AJfiant-heteli)" discloses tha} (mark with 'x' applicable portions only) vi 1. Afflallt does !!2! have a Busi1ess Relationship with any member of the City Commission or any City Advisory Board to which the application will be presented. [ I 2. Affl8llt hereby discloses that ~ does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Applicant or Representative; [] ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ ] ili. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [ ] iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [ I v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacls more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WllNESS MY HAND Tl-tIS APPLICANT: By: Name: TI\1e: DAY OF ,2001- (Signature) (Print) ~ AND Tl-tISQ DAY OF V,~ By: Nam . TI\1e: (Signature) (Print) (Print) 'The terms "Business Relationship,' "Client." "Customer," "Applicant," "Representative" and 'Interested Person" are defined in Section 2.395 of the Aventura City Code. NOTARIZATION PROVISION '.,., j\/'- r"' STATE Of R.ORIlA ) COUNTY Of IoIlAMI-lWlE) Belanl me. tha unde<signed 1AlItoody, peI$OC1IIy ~ tha AffIaTIt, _ t_ I1Is Affodavit for tha puqlOS8s Slaled .- tnclthat lis We tncl CO<rOCt G) BETTY LLERENA MY COMMISSION # 00 c>>5881 EXPtRES: February 27.:zooe iBl by me cUr ~,~~~ _ff~~\, SWORN TO AND SUBSCRIBEO belanlme !his l~claYal~~ . . STATE OF IUlRIOA I .COUNTY OF M1AMl-llADE) Belanl me, tha lIlCIersigned authority, peI$OC1IIy '\et; _ tJIIlQJ\8cll1ls Alfodavit fortha purposes Slaled thal9i\ tnclllat lis We tncl CO<rOCt G) BETTY LLERENA MY COMMISSION II DO 095991 EXPIRES: February 27, 2006 1-8Q003.NOTARY FL NoI.-y service & Bordng, Inc. firsl me dilly swam, di:t swear or tffll11l that ()^ u I t: AFflANT SWORN TO AND SUBSCRIBED before me thlseclaYOI ~~ STATE OF R.ORIOA ) COUNtY OF MIAMI-DADE) Belanl me, the under>igned authority, personaRy appeared _ t_!his Affidavit for tha purposes Slated therein and that lis We and coned. the Afflan~ who being first by me duly swam, di:t swear or affll1l\ that AFFIANT SWORN TO AND SUBSCRl8EObelanl me I1Is _clayal .2d- NoIary NlIic S1aIa of Flcxlda 1J. ~ Plilted Nama of NoIaty My COIM1Isslon tlqllres: STATEOFR.ORIOA ) COUNTY OF MIAMI-DAllE) Belanl me. tha under>igned authority, personally appeared ""'she._ this Affidavit for tha PUll'OS'ls Slated thareln tncl that lis We and CO<rOCt the Affiant, who being lirst by me duly swam, di:t swear or affll1l\ thaI AffIANT SWORN TO AND SUBSCRIBED before me this _ clay al .4 NoIary PWlIc State of Flcxlda 1J. ~ Prinled Nama of NoIaty My COIM1Isslon tlqllres' - BUSINESS RELATIONSHIP AFRDAVIT* This Affidavit is made pursuant to Section 31-71 (b)(2)(ii) of the City of Aventura Land Development Code. The undersigned Affiant hereby discloses that (marl< with 'x' applicable portions only) ~ Afflallt does !!Q! have a Business Relationship with any member of the City Commission or any City AdvisoIy Board to which the application win be presented. [ 12. Affiant hereby discloses that ~ does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as follows: (List name of Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nature of the Business Relationship is as follows: [ ] i. Member of City Commission or Board holds an ownership interest in excess of 1 % of total assets or capital stock of Applicant or Representative; [I ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ I ili. The Applicant or Representative is a Client of a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member of the City Commission or Board; [ I iv. A City Commissioner or Board member is a Client of the Applicant or Representative; [ I v. The Applicant or Representative is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 of the business of the member of the City Commission or Board (or his or her employer) in a given calendar year; [ ] vi. The member of the City Commission or Board is a Customer of the Applicant or Representative and transacts more than $25,000.00 of the business of the Applicant or Representative in a given calendar year. WITNESS MY HAND THIS ~ DAY OF Y,,- <l. ,200L ..~ By: = _(Signature) Name:_ ~ : (Print) Title: - ~ (Print) ,tNI::' . WITNESS MY HAND THIS DAY OF ,24 PROPERTY OWNER: (Signature) (Print) (Print) By: Name: Tille: "The tenns "Business Relationship," 'Client," "Customer," "Applicant," "Representative" and 1nterested Person" are defined in Section 2-395 of the Aventura Cfty Code. NOTARIZATION PROVISION STAlE Of IUlRIOA I COUNTY Of IoI1AMHlADEl Before me, 1he undelSigned 1lIIhady. personaly ewearect ~nu.tl tc~~ Ihe 7~ &rst by me ~ IWOO\, ad sweat or alfll11\ I1aI heIshe ,>OOJlOd I1is AlfdaYllIor Ihe puIpOSOs slated......., and I1at lis We and cooeel. - AFFIANT SWORNTOANDSUBSCRIBEObeforemel1is \~""'daYol \)~~..... . ,C~. JULIA A. MURILLO ...., ~.J~ MY COMMISSION # 0007681:3 ""+.,~ EXPIRES: December~,200!i 1~~NOTMIIV PL.NoltrySlrYk>>,\BOndIng,lnc ... Printed Name 01 Notary 1 My commission allplres:JZ./ S 0& . STATE Of IUlRIOA I .COUNTY Of t.IIAt.II-OADE) Before me, 1he undelSigned 1lJ1hority, personaly ewearect heIshe ,lIIlaIlod tIIs AlIidaYIIIor 1he pul1lOSI$ slated......., and 1het lis We and cooect Ihe Alf"",~ who be;;,g &rst by me duly IWOO\, ad sweat or alfll11l1het SWORN TO AND SUBSCRIBED before me this _day of AFFIANT 2001.- Notary Public Slate of FlorIda M.large Printed Name of Notary My commIsslon expires: STATE Of R.ORIDA ) COUIolTY OF MIAMI-DADE) Before me, \f1e undersigned autf1ority, personally appeared heIshe elfOCUled IhIs Alfda'litlor 1he puf\lOSOs slated \f1ereln end that lis lnJe and r:orrec\. 1he Alf"",~ who be;;,g first by me duly ....", did swear or alflflTIthal AFFIANT SWORN TO AND SUIlSClUBED before me this _ day 01 .za- Notary NlIic Slate of FlorIda M.large Printed Name of Notary MyOX\'Vt\lssiol,expns: STATE Of R.ORIOA ) COUNTY Of MIAMI-DADE) Before me, 1he undersigned authority, personally ewearect helshe elfOCUled 1hIs AlfdaYllIor 1he purposes slated 1hereln and 1het lis We and cooeel. 1he Alf...n~ who be;;,g first by me duly ....". did swear or alflflTI that AFFIANT SWORN TO AND SUBSCRIBED before me this _ day of .200/- . Notary PIbIic Slate of FlorIda M.large Prtnted Name of Notary My CClh.'lIsslon I)q)QS' It BUSINESS RELATIONSHIP AFFIDAVIT* this Alfidavk Is made pursuant to Section 3Hl(b)(2)(ii) of the City of Aventura land Development Code. The undersigned Alllant hereby discloses that: (mark with "x" applicable portions only) H< AlflllOt does !l2l have a Business Relationship with any member of the City Commission or any City AdvIsory Board to which the applicallon will be presented. [ J 2. Affiant hereby discloses that k does have a Business Relationship with a member of the City Commission or a City Advisory Board to which the application will be presented, as lollows: (Ust name 01 Commissioner or Advisory Board Member) who serves on the (List City Commission or City Advisory Board upon which member serves). The nalure of the Business Relationship Is as lollows: [ )1. Member of City Commission or Board holds an ownership interest In excess oil % of tolal assets or capital stock 01 Applicant or Representative; II Ii. Member of City Commission or Board is a partner, co-shareholder (as to shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant or Representative in any business venture; [ ) iii. The Applicant or Representative Is a Client 01 a member of the City Commission or Board or a Client of another professional working from the same office or for the same employer as the member 01 the City Commission or Board; [ I iv. A City Commissioner or Board member is a Client 01 the Applicant or Representative; [ I v. The Applicant or Representative Is a Customer of the member of the City Commission or Board (or of his or her employer) and transacts more than $10,000.00 01 the business of the member of the City Commission or Board (or his or her employer) In a given calendar year; [ I vi. The member 01 the City Commission or Board Is a Customer of the Applicant or Representative and transacts more than $25,000.00 olll1e busiless of lI1e Applicant or Representative In a given calendar year. WITNESSMYHANDTHIS~DAYOF Ye.<!. .200" -l- (Signalure) (Print) (Print) WITNESS MY HAND THIS _ DAY OF PROPERlY OW(rlER: . 200). By: Name: Trtle: (Signature) (Print) (Print) "The leons "Business Relalionshlp," "CHent," "Customer," "Applicant" "Representalive" and "Interested Person" are deRned In Section 2-395 of lhe Mentura City Code. NOTARlZA110N PROVISION STAlE OF f\.ORlI)A I COUNTY OF t.I1AMHWlEl Belocw....... undersigned authority. personaIy 0W0I'"d (~ ~~Iwho bei1g lirsI by... duly swam, did __ or alfrm Ilat heIshe.1lllCUIod Ills AffodaW for... _s slaled ....... ard Ilat k Is """ ard SWORNTOANOSUBSCRIBEDbelocwmethls~yol ~. wi- , STATE OF FlORlOA I .COUNTY OF IoIIAMl-llADE) Belocw ..., ... undersigned authority, personaIy 0W0I'"d heIshe.1lllCUIod Ills AffodaW for... puIpOS8S staled .....In IIlIII1at k Is M ard coned. SWORN TO AND SUBSCRIBED before me this _ day of STATE OF R.ORIDA ) COUNTY OF MIAMI-DADE) Before me, the undersigned authority. personany appeared heIshe e>recUled this Affidavit for... purposes slated the..1n and that lis """ and correct. SWORN TO AND SUBSCRIBED belocw ...1lIs _ day of STATEOFR.ORIDA I COUNTY OF MIAMI-DAllE) Belocw .... ... undersigned authority, personally appeared heIshe ellllCUlod this Affidavit for... purposes slated .....In and that k Is !rue and conect. SWORN TO AND SUBSCRIBED before ... this _ day 01 MA YOII V SU1,REZ CO__. CC88S314 EXI'lIlU w::1V 03. 2003 tol'DtO lHIOUCIH AfYVANfAGE NO(IIZ't the AffIaTIt, wllo being lirsI by ... duty swam, d'od __ or alfllll1 that AFFIANT .2001.- Notary PtbflC State of FforIda />J large Printed Name of Notary My cornmIssIon expires: the AfflO.n~ wllo being fim by me duly sworn. did swear or affurn that AFFIANT 2f1!J... Notary N>ic State of FforIda />J large Prilled Name of Notary My cornmIssIon expires: ... AfflO.n~ wllo being fim by me duly swam, d'od swear or affurn that AFFIANT . 200/.- . Notary PlbIic State of FforIda />J large Prinled Name of Notary loIy cornmIssIon expires: RESOLUTION NO. 2003-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DENYING VARIANCE FROM SECTION 31. 75(b)(4) OF THE CITY'S LAND DEVELOPMENT REGULATIONS WHICH PROHIBITS TEMPORARY SALES OFFICES AND MODEL HOMES AT THE PROPERTY WITHOUT AN APPROVED SITE PLAN FOR THE PERMANENT USE WHICH IT IS INTENDED TO SERVE FOR PROPERTY LOCATED ON NE 185 STREET, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned B2, Community Business District; and WHEREAS, the applicants, Merco Group At Aventura Landings I, Inc., Merco Group at Aventura Landings II, Inc. and Merco Group at Aventura Landings III, Inc., through Application No. 02-VAR-03, are requesting a variance from Section 31-75(b)(4) of the City's Land Development Regulations to allow a temporary sales trailer on site prior to final site plan approval for the permanent use which it is intended to serve; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application does not meet the criteria of the applicable codes and ordinances, to the extent the Application is denied herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application for Variance from Section 31-75(b)(4) of the City's Land Development Regulations to allow a temporary sales trailer on site prior to final Resolution No. 2003-_ Page 2 site plan approval of the permanent use which it is intended to serve is hereby denied for property legally described as a portion of the southwest one-quarter of Fractional Section 3, Township 52 South, Range 42 East, City of Aventura, Miami-Dade County, Florida and more particularly described in Exhibit "A" to this Resolution. Section 2. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg Mayor Jeffrey M. Perlow PASSED AND ADOPTED this 7'h day of January, 2003. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of ,2003. CITY CLERK D2-Y/l.2...-03 ~CO~DPf \"'CE::r/I. 't>~ -------- :;G\ ~ Q.. ~"lt...D", From the cIeIk of \\ " \"1 IVY ZALKA R~'::... ~t..l'(.T ~ '-'-^-~ \ ~ Date~ ~ ~C ~ ~ \;\ \ \ ~~ / \\~~\.:tl\-k,\-/ R~~~~ TO ('.\--i \l)~ ~~"'\.?t\ o For your ~ormation 0 0 Let'. d'-a thll o For your comments PLEASE 0 For your eppronl o Ple_ hendle RETURN 0 ~ IMe ~ \'\ ~'::.Q.. ~Q.. ~\\~ \-\D\ Ie-T '\e:. ~"- ~Q.." 't" ~\ C "l \ \ ,,\ 0 ? ) ~\4~~ \\r\\J\.o.:> ~l\" W'<- F\~~ \) ~~ 0 <;'e.~ '\D ~'. ':> ~~R~\1t\c~ ~ -- - - '\\~~~ ~O~ '\-..1).. \~:':> ~~~S~~~~\:CN. ~ DATASERVleES (305U55~ ... ._'~I~ '--,'r".:.! ~.. ,f " - {-~ : ~......- .. ~~ i . ;: I j I ,~:: ;, '\ ...' 0 ,~ \(f., ,'l:' "'-:- ,., ....". "~ ~ ~ c':l Q ~ ~ u:> ~ t::' ?". ~~ .--. ~ ~ ("" ~ ~ <& a:: - CII ClIO as<>>D5$! ::l!!E0'C~ as$! ... N.(I)..J >-1: $! u.. ~ ~W ai ol:I t::Z :; '3aso1: as Q. ." CII ooe(....> (\Ie( ~ ~ IJ .) J .~ -Ii 1 ~~ ~ ~~ 1 -j~; ~ f-:; iJ 1 j ~~ :rJ - - .. 7fl~ ~ o "l cr - , A~ . MINUTES CITY COMMISSION MEETING NOVEMBER 12, 2002 6 PM Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:23 p.m. by Mayor Jeffrey M. Perlow. Present were Commissioners Arthur Berger, Jay R. Beskin, Ken Cohen, Manny Grossman, Patricia Rogers-Libert, Vice Mayor Harry Holzberg, Mayor Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: A motion to address item 5 at this time was offered by Commissioner Rogers-Libert, seconded by Vice Mayor Holzberg and unanimously passed. 5. SPECIAL PRESENTATIONS: Russ Marchner, Executive Director of the Dade County League of Cities, Inc., presented the Commission with a plaque in appreciation of their participation in the League. He also requested the Commission to consider 3 legislative issues concerning library funding, homeland security and equal treatment of all immigrants. 3. ZONING HEARINGS: Ex-parte communications by Commissioners, if any, were disclosed and filed with the City Clerk in accordance with City Code Section 34. All witnesses giving testimony in these hearings were sworn in by the City Clerk. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 31. 193(e)(1) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW MODIFICATION TO A COMMERCIAL ADVERTISING SIGN LOCATED ON THE EAST SIDE OF THE FLORIDA EAST COAST RAILWAY TRACKS SOUTH OF IVES DAIRY ROAD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Cohen and seconded by Vice Mayor Holzberg. Planning Director Joanne Carr explained the request of the applicant and entered the staff report into the record. Mayor Perlow opened the pUblic hearing. The following individuals addressed the Commission: John Immer, Esq., 1101 Brickell Avenue, representing Clear Channel; Roy Lustig, 2600 Douglas Road, Coral Gables; Mr. Greenfield, 3766 NE 209 Terrace, Golden Point; Syd Kozlovsky, Realtor in Aventura/Sunny Isle Beach; Dr. Eric Albin, 3733 NE 209th Terrace; Steven Lakowitz, NE 183rd Street; Senator Ron Silver, 12000 Biscayne Boulevard, Glenn Gopman, 2010 NE 198 Terrace; Marvin Schulhoff, 20871 NE 37th Avenue; Manny Medido, Real Estate Representative for Clear Channel; and Joseph Platnick, 18071 Biscayne Boulevard. There being no further speakers, the public hearing was closed. A motion to defer this matter to the January 7, 2003 Commission meeting and discuss further at the Commission Workshop on November 21, 2002 was offered by Commissioner Rogers-Libert, seconded by Vice Mayor Holzberg and unanimously passed 4. AGENDA: Request for Deletions/Emergency Additions: None. 6. CONSENT AGENDA: Commissioner Beskin requested removal of item 6-F from the Consent Agenda. Mayor Perlow declared his conflict of interest as to item 6-E and did not vote on that item only. A motion to approve the remainder of the Consent Agenda was offered by Commissioner Rogers-Libert, seconded by Commissioner Berger unanimously passed and the following action was taken: A. Minutes were approved as follows: October 1, 2002 Commission Meeting October 31,2002 Workshop Meeting B. The following motion was approved: MOTION TO AUTHORIZE AND APPROVE THE APPOINTMENT OF COMMISSIONER PATRICIA ROGERS-LIBERT TO THE FLORIDA LEAGUE OF CITIES' RETIREMENT, PERSONNEL & COLLECTIVE BARGAINING COMMITTEE AS VICE CHAIR C. Resolution No. 2002-64 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. D. The following motion was approved: MOTION TO RATIFY THE CITY MANAGER'S RE-APPOINTMENT OF BARBARA BUXTON, ESQ. AND HERBERT L. KLlGER, J.D. AS SPECIAL MASTERS FOR THE CITY OF AVENTURA CODE ENFORCEMENT PROCESS. 2 E. The following motion was approved: MOTION TO APPROVE REQUEST BY DAVID MENDAL FOR EXTENSION OF TIME FOR COMPLETION OF SITE WORK AT 19145 BISCAYNE BOULEVARD, AS PROVIDED FOR IN RESOLUTION NO. 2002-52, IN ACCORDANCE WITH CITY MANAGER'S MEMORANDUM DATED NOVEMBER 5, 2002. The following item was removed from the Consent Agenda and addressed separately: F. Mr. Wolpin read the following ordinance by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED LETTER AGREEMENT BETWEEN CITY OF AVENTURA AND BUCK CONSULTANTS FOR A PENSION BENEFITS STUDY; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Harry Kilgore, Finance Support Services Director, addressed the Commission. A motion for approval was offered by Commissioner Rogers-Libert, seconded by Commissioner Berger, unanimously passed and Resolution No. 2002-65 was adopted. 7. ORDINANCES - FIRST READING/PUBLIC INPUT: Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING PARAGRAPH (b) OF SECTION 31-143 "RS1" DISTRICT, PARAGRAPH (c) OF SECTION 31-143 "RS2" DISTRICT, PARAGRAPH (d) OF SECTION 31-143 "RMF3" DISTRICT, PARAGRAPH (e) OF SECTION 31-143 "RMF3A" DISTRICT, PARAGRAPH (f) OF SECTION 143 "RMF4" DISTRICT, PARAGRAPH (g) OF SECTION 143 "RMF3B" DISTRICT, PARAGRAPH (b) OF SECTION 31-144 "B1" DISTRICT, PARAGRAPH (c) OF SECTION 31-144 "B2" DISTRICT, PARAGRAPH (d) OF SECTION 31-144 "B3" DISTRICT, PARAGRAPH (e) OF SECTION 31-144 "OP" DISTRICT, PARAGRAPH (f) OF SECTION 31- 144 "MO" DISTRICT, PARAGRAPH (b) OF SECTION 31-145 "TC1" DISTRICT, PARAGRAPH (c) OF SECTION 31-145 "TC2" DISTRICT IN ALL CASES TO DELETE COMMUNITY FACILITY (CF) USES AS PERMITTED USES AND ADD COMMUNITY FACILITY (CF) USES AS CONDITIONAL USES; PROVIDING FOR SEVERABILITY; PROVIDING 3 FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval, including the incorporation by reference into this hearing of all amendments and testimony, written and verbal, relative to this item given at the preceding Local Planning Agency meeting, was offered by Commissioner Rogers-Libert and seconded by Commissioner Cohen. There was no public input. The motion for approval passed unanimously by roll call vote. 8. PUBLIC HEARING: ORDINANCES - SECOND READING: A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE FRANCHISE AGREEMENT BETWEEN THE CITY AND COMMUNITY CABLE TELEVISION BY EXTENDING THE EXPIRATION DATE OF THE FRANCHISE AGREEMENT FROM APRIL 22, 2008 TO APRIL 23, 2009; PROVIDING FOR EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert and seconded by Commissioner Cohen. Mayor Perlow opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2002-27 was enacted. B. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 31 "LAND DEVELOPMENT REGULATIONS" ARTICLE V "DEVELOPMENT REVIEW PROCEDURES", AT PARAGRAPH (D) "FILING OF APPLICATIONS" OF SECTION 31-71 "PROCEDURES OF GENERAL APPLICABILITY", TO PROHIBIT ANY APPLICANT OR APPLICANT REPRESENTATIVE FROM CONTACTING THE CITY'S PROFESSIONAL STAFF (OTHER THAN THE CITY MANAGER) CONCERNING A PENDING QUASI-JUDICIAL APPLICATION FOR A DEVELOPMENT PERMIT FROM THE TIME OF THE FILING OF THE APPLICATION UNTIL THE TIME OF THE PREPARATION AND DISTRIBUTION OF THE CITY MANAGER'S WRITTEN RECOMMENDATION; AND AMENDING CHAPTER 34 "PLANNING AND ZONING", ARTICLE II "QUASI-JUDICIAL MATTERS", AT SECTION 34-34 "EX-PARTE COMMUNICATIONS", TO GENERALLY PROHIBIT CITY COMMISSIONERS FROM DISCUSSING THE MERITS OF ANY SPECIFIC ISSUE WHICH IS THE SUBJECT OF A PENDING 4 QUASI-JUDICIAL APPLICATION, OUTSIDE OF THE PUBLIC HEARING PROCESS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert and seconded by Commissioner Cohen. Mayor Perlow opened the public hearing. Dr. Albin addressed the Commission. There being no further speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2002-28 was enacted. 10. RESOLUTIONS: None. 11. OTHER BUSINESS: None. 12. PUBLIC COMMENTS: None. 13. REPORTS. As submitted. 14. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 8:45 p.m. Teresa M. Soroka, CMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and. for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based, 5 FORM 8B. MEMORANDUM OF VOTING CONFLICT FOR COUNT~ MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME--MIDDLE NAME NAME OF BOARD, COUNCIL, ,COMMISSION, AUTHORITY, OR COMMITI'EE m C.LU.B ~te COUNTY iiin1'l -}ft'b b THE BOARD, COUNCIL, COMMISSION, AUTHORI1Y OR COMMI'ITEE ON WHICH I SERVE IS A UNIT OF: Q...eITY [J COUNTY [J OTIiER LOCAL AGENCY NAME OF POUTlCAL SUBDMSION: C. L DF All t"rl1VRA ('/L ftlS.s J O/y MY POSITION IS: ..-/ I>>"ELEC1'IVE [J APPOINTIVE .WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the fonn. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES" A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a measure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F .8., and officers of independent special tax districts elected on a one-acre, one-vote basis are not pro- hibited from voting in that capacity. For purposes of this law, a "'relative- includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father- in-law, mother-in-law, son-in-law, and daughter-in-law. A "'business associate- means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint-venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). . . . . . . . . . . . . . . . * ELECTED OFFICERS: In additioit to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. . * * . * . . * . * * . . * * * APPOINTED OFFICERS: You must abstain from voting and disclose the conflict in the situations described above and in the manner described for elected offi- cers. In order to participate in these matters, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. ' IF YOU INTEND TO MAKE ANY ATl'EMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WInCH THE VOTE wn.L BE TAKEN: . . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the fonn In the minutes. . A copy of the fonn must be provided immediately to the other members of the agency. . The form must be read publicly at the next meeting after the fonn is filed. IF YOU MAKE NO ATl'EMPI'TO INFLUENCE THE DECISION EXCEPI' BY DISCUSSION AT THE MEETING: . You must c1i1le10l8 orally the nature of your contliet in the measure before participating. . You m'.lst complete the form and file it within 15 c1a~ after the vote oceun with the person responsible for recording the minutee oCthe meeting. who must incorporate the fonn in the minutes. A copy of the fonn must be provided immediately to the other members of the agency, and the form muot be read publicly at the next meeting after the form io filed. ' DISCLOSURE OF LOCAL OFFICER;S iNTERESt ' :Jf=FFRf:'-l (Y). -PER.LOW . hereby dioclo8e that on IH"L a Zoo 4- -' I, (a) A measure came or will come before my agency which (check one) inured to my opecial private gain or 1080; inured to the special gain or 1088 of my busine88 aoeociate, inured to the special gain or 1080 of my relative, inured to the special gain or 1_ of A{) P \-.l CAN I whom 1 am retained; or inured to the special gain or 1088 of io the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the meaaW'e io as follows: .by . which A ~E:ljbA- I~ b - E , ~ Date Filed 1/-12. -0'2- ~ /Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 1112.317, A FAILURE TO MA]{E ANY REQUIRED DISCLO- SURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING; IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CML PENALTY NOT TO EXCEED $10,000. CE FORM 88 . REV, 1/95 PAGE 2 ~ . '\.;...~ MINUTES COMMISSION WORKSHOP MEETING NOVEMBER 21,200210:00 AM Aventura Government Center 19200 w. Country Club Drive Aventura, Florida 33180 The meeting was called to order at 10:10 a.m. by Mayor Jeffrey M. Perlow. Present were Commissioners Arthur Berger, Jay R. Beskin, Ken Cohen, Manny Grossman, Patricia Rogers-Libert, Vice Mayor Harry Holzberg, Mayor Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 1. CLEAR CHANNEL OUTDOOR VARIANCE REQUEST: Mr. Soroka provided the Commission with information from the City's landscape architect outlining the landscaping that would be disturbed to establish the viewing zone for the existing Clear Channel sign in front of Loehmann's, correspondence from FEC Railroad, and a copy of the Agreement between the City and FEC for landscape easement. Representatives of Clear Channel and members of the public addressed the Commission. CITY MANAGER SUMMARY: Discussion purposes only. To be addressed at next Commission meeting. 2. OFFICE BUILDING SIGNAGE: Planning Director Joanne Carr discussed staff recommendation in response to Commission's concerns regarding the code provisions for wall signs on office buildings. CITY MANAGER SUMMARY: Staff will provide further recommendation regarding signage for buildings 10 stories and above, incorporating Commission's concerns. 3. LEGISLATIVE PRIORITIES - 2003: Mr. Soroka distributed proposed Legislative Program and Priorities for 2003. CITY MANAGER'S SUMMARY: Consensus to approve, with addition of insurance reform and to list numerically by priority. 4. FOUNDERS PARK SOUTH (Mavor Perlow): Mayor Perlow suggested that this area remain as is, in order to accommodate activities such as the recent Founders Day events. CITY MANAGER SUMMARY: Consensus that staff research another venue for the Founder's Day activities prior to proceeding with the renovation of the south side of Founder's Park. 5. APPOINTMENT OF COMMUNITY SERVICES ADVISORY BOARD MEMBERS: Mr. Soroka noted that reappointment of Board members would be addressed at the January Commission meeting. CITY MANAGER SUMMARY: Consensus to reappoint all 7 members previously appointed by the Commission. Commission discussed sample layout for 2003 Arts Festival as distributed by Aventura Marketing Council. Commission expressed their concerns as to the quality of art exhibited in the past. Consensus to approve layout for 2003 as presented and discuss with Marketing Council and promoter changes for any future such events. Consensus to authorize City Manager to distribute letters to all buildings involved concerning Yacht Club Drive road dedication. Consensus to invite Commissioner Sally Heyman to a future workshop meeting. 6. 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 12:45 p.m. Teresa M. Soroka, CMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 2 CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: City Commission DATE: December 9,2002 FROM: Eric M. Soroka, City BY: Robert M. Sherman, SUBJECT: Bid No. 02-11-12-2, Municipal Transit Services January 7, 2003 City Commission Meeting Agenda Item ~ B Recommendation The City Commission adopt the attached Resolution awarding Bid No. 02-11-12-2, Municipal Transit Services to the lowest responsible and responsive bidder Limousines of South Florida, Inc. for the annual price of $328,814.00. Backaround In accordance with the City's Purchasing Ordinance, bids for this project were solicited, advertised and opened on November 12, 2002. All contract specifications were reviewed by the City Attorney prior to advertising. This bid was advertised in local newspapers and via the internet. Sixteen sets of bid specifications were either mailed to or picked up by interested transit firms. Eight firms attended the required pre-bid meeting on October 28, 2002. Limousines of South Florida, Inc. was the only qualified bidder to submit a bid. This bid provides public transit services for three routes per day, operating six days per week, Monday through Saturday, starting at 8:45 AM and ending at approximately 5:30 PM, with a thirty minute break period for meals. A brief analysis is as follows: Total hours of services provided per year for Monday through Saturday shuttle bus service from 8:45 AM - 5:30 PM: Total bid price: Hourly rate per shuttle bus: Charter bus service (55 passenger buses): All other services: 7,736.8 service hours $328,814.00 $42.50 $55.00 per hour (3 hr. min.) 25% off listed rates City Commission December 9, 2002 Page Two The bid is for one three (3) year term with one three (3) year extension at the City Manager's sole discretion. The bid specifications also require that new shuttle buses be provided at the start of the contract, and new buses shall be purchased every three years or 85,000 miles, whichever occurs first. All buses shall confirm to ADA standards and all drivers shall complete ADA compliance and customer service training. The specifications also contain a specific "no tipping" clause to preclude any problems in this area. The vendor shall also supply the City with a radio, so we can communicate directly with dispatch and drivers, if necessary. Limousines of South Florida, Inc. currently provide similar services to the following cities: Lauderhill Plantation Bay Harbor Islands All of the listed references gave our consultant good service reviews for South Florida Limousines, Inc. We are currently paying $41.55 per hour for shuttle bus service and $60 per hour for charter bus service with a four hour minimum with our current contractor, Coach USA. Coach USA did not submit a bid as they are re-structuring the company. Pending City Commission approval, we anticipate a smooth transition without any interruption in services to our passengers with Limousines of South Florida, Inc. commencing approximately February 17,2003. I will be happy to answer any questions pertaining to this bid. RMS/gf Attachments RMS02097 CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, City Community servi~ BY: Robert M. Sherman, DATE: January 3,2003 SUBJECT: Bid No. 02-11-12-2, Municipal Transit Services Addendum January 7, 2003 City Commission Meeting Agenda item ..1iJ Attached hereto for your information is the letter from our consultant giving his reasons why there was only a single bidder. In addition to the items contained in his letter, there are two issues that were not addressed concerning the charter bus service used for our trips and tours programming and other transportation services as needed. 1. The original bid specifications required the successful bidder to own the equipment for the charter bus service (large buses used for our trips and tours programming and other special events.) This item was brought up for discussion at the pre-bid meeting. Since all of the potential bidders except Coach USA did not have large buses in their fleet, they requested that we allow them to sub- contract this service. After discussing this issue with our consultant, the language of the bid in the Addendum was changed to permit sub-contracting large buses. Even with this major accommodation at the request of all of the bidders only one bid was received. The bid price of $55 per hour with a three hour minimum is cheaper than the $60 per hour with a four hour minimum we are currently paying Coach USA. 2. limousines of South Florida will also provide the City with other transportation services such as town cars and limousines, should the need arise at a 25% discount off their regular rates. Coach USA did not provide the City with this type of service, as they do not have these vehicles in their fleet. If you need additional information, please contact me at your convenience. Attachments: December 31, 2002 Robert Sherman, Director Public Services Department City of Aventura 19200 West Country Club Drive A ventura, Florida 33180 Dear Mr. Sherman: The Center for Urban Transportation Research (CUTR) has been asked to review and comment on the bid price received by the City of Aventura from Limousines of South Florida. This question has come up given the fact that the City received only one bid, even though invitations to bid were provided to over a dozen firms with experience in providing local transit services, and representatives of eight firms were present at the pre- bid conference. While we were initially surprised that the city received only one bid, there are many possible explanations. The bidders were asked to provide virtually all of the elements necessary to provide the city with transit circulator services, including operators, vehicles, mechanics, maintenance facilities, etc. Many representatives of companies that provide similar local transit services in municipalities in Broward County attended the pre-bid meeting. However, in Broward County, there are Interlocal agreements whereby the County provides the vehicles to the cities/contractors at virtually no cost, and the County also provides training to contractor's employees, as well as marketing assistance to the cities. In Miami-Dade County, there are no such agreements between the County and its cities. This means that either the city of the city's contractor must provide the vehicles and other related services. It is very possible that a number of the small companies that provide local transit circulator services in Broward County did not have the financial wherewithal to purchase the new vehicles that the City's bid requires them to provide. There are a number of national transit management firms that also expressed initial interest in providing this service to Aventura. However, those firms almost always work from a maintenance and dispatch facility provided by the jurisdiction that is contracting for the service. In Aventura's case, the City owns no such facility, and consequently, these national transit management firms declined to submit a bid. The current provider of service to the City was expected to submit a bid, and had prepared such a bid, but was advised by its parent company that it was undergoing restructuring and potential changes in ownership. Consequently, the current provider was prevented from entering a new obligation and submitting its bid. In terms of the price, we find the cost of $42.50 an hour to be fair and reasonable. The company submitting this bid is, again, recovering the costs of all operators, mechanics, vehicles, and facilities, as well as the "dead head" mileage (the mileage and hours the contractor has to travel from its facility to the city and back) associated with the service. The City has also, and rightly, required the company to provide vehicles that have gone through federal testing procedures to ensure they are more reliable than the typical small bus used in municipal transit services. If the County were to provide the service, their hourly rate would be approximately $45 an hour. The City of Miami Beach is currently paying approximately $46 an hour for the electric minibus service it is receiving from the combination of Coach USA and the Electric Transit Vehicle Institute. CUTR checked the references of Limousines of South Florida, and also checked with the County's Department of Consumer Affairs for any complaints or violations. All reference checks were very positive regarding this company. Therefore, CUTR believes that the City should feel comfortable that it did all it could do to promote competition, and that the bid it received is quite reasonable. Should you have any further questions, please do not hesitate to contact me at 813-974-9847 or by email at volinski@cutr.usfedu. Sincerely, Joel Volinski Director, National Center for Transit Research at CUTR Oec-24-02 10:55 Limousines of S. Florida 1 305 634 9027 P.02 IfNfS Ueliv"rcd Via .'aesimilc (3415) 466-3277 Dt:eemhcr 24, 2002 Roherl Sherman. I >ireelor of Community St:rviet:s City of Avcntura 1921lll W. COllntry Club Drivc Avcntura, Florida )3180 R F: Shullle Bus Serv icc Agreement Dear Mr. Sherman. l'ursuanllO our meeting yesterday, Ihis leller is to confirm thall,imousines of South l'lorida, Inc. will pmvidc the City of AWlllura with Motor Coach CharIer Service as described in Rid 1102-11-12-2 titled Municipal Transit Service. limousines of SO\lth Florida, lnc, will guarantee the City (If Avenlura lhat all Motor Coach Charkr Service ne,etIs requcstcd will be met when givcn a 72 hour notice for the service: reqllest. ',imollsines of SOl1lh flolida will make e"cry attempt to provide the City of Avenlllnl with illl last minute nccds regardless of advance notification, Tt is our imentlo provide Iht: City with the highest quality ot' service ilmlto meet all ofthc City's """US If you have any further questions or concerns. please feci free to conluelll1e at anytime, /;/ /'~;( / .' ""." ....'."L. Mark Levitt President Meet &. (;r"t EXfC':..,i.,* s,.dmu' I,fJI"'J LJ..",~;It." liuu Mi..i-IJIl.'II'u Mf1I~~ttde"es 2595 N"nhwcsl 3~1\I StrUt Mi.o"l. Florid. 33142.~2~ Nallonwld.I-RO().7K2.5250 R.uwal1l (~"4) 925 ~6b (lade (05) 940.5252 Pal.lkatb 15(,1) 91().5466 Web!ii..e: www.limuwf)(~..hf1a.c()mt:..a..il: lu~ul)'scrvk;l'(!1'lilU~hj)uthna.~:uUl RESOLUTION NO. 2003-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 02-11-12-2, MUNICIPAL TRANSIT SERVICE, TO LIMOUSINES OF SOUTH FLORIDA, INC., AT THE BID PRICE OF $328,814.00; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE THE NECESSARY ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids for BID NO. 02-11-12-2, MUNICIPAL TRANSIT SERVICE; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and requirements for the projecUwork as cited above; and WHEREAS, staff has determined that Limousines of South Florida, Inc., has submitted the lowest responsible and responsive bid for said projecUwork; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive bidder; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1: That bid/contract for BID NO. 02-11-12-2, MUNICIPAL TRANSIT Resolution No. 2003-_ Page 2 SERVICE, is hereby awarded to Limousines of South Florida, Inc., in the amount of $328,814.00. Section 2: The City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the parties embodying the terms, conditions, and specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid specifications, bid proposal and bid requirements. Section 3: That the City Manager is hereby authorized to take all necessary action to carry out the aims of this Resolution in awarding this bid/contract. Section 4: That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from the General Fund Line Item No. 01-5001-539-3455. Section 5: This Resolution shall be effective immediately upon its adoption. The foregoing resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg Mayor Jeffrey M. Perlow Resolution No. 2003-_ Page 3 PASSED AND ADOPTED this 7th day of January, 2003. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY e = = = ! = .. . .. . .. Itl . . .. . . . . . . . . . . . . . .. more minibus to provide an additional route).Bidders shall indicate in its bid what it would charge for hourly charter service on an as needed basis for special events within the city. 9.2: INITIAL CONTRACT PERIOD AND CONTRACT RENEWAL: The Initial contract shall be for a period of three (3) years from execution of the agreement In addition, the City, at its sole discretion reserves the right to renew the contract for additional three (3) year periods, providing that both parties agree that all tenns, conditions and specifications remain the same, contingent upon approval by the City Manager. 9.3 SCOPE OF WORK 9.3.1 Service Area will be within the City of Aventura. 9.3.2 Service Standards: 9.3.2.1 Disolav of CitY Svmbol on Vehides: All vehicles when being used to provide service for the City under this contract must display, on the exterior of the vehicle, the approved CIty provided signs. The Contractor shall pay for and provide for installation of same, in the manner prescribed by the Oty: The following signs shall be required: a: Front: A destination sign, whether a header or an insert in the front windshield at the base of the windshield on the passenger side in dear view of the public. Minimum sign size shall be 12" in height and 18" wide. b. Sides: A sign shall be located on each side and minimum size shall be 18" in height and 36" wide. A logo shall also be applied on both sides. 9.3.2.2 Vehicle Standards The vehicles used to provide service must comply with all applicable local, State and Federal Codes, safety standards or laws and comply with or exceed manufacturers safety and mechanical standards for the partiaJlar vehide and model used in the provision of services under this contract. All vehicles provided must: a. Have a rear-view mirror and side-view mirrors 19 mounted on both sides of the vehicle b. Have functioning interiOi' lighting within the passenger compartments. c. Be equipped with operable air conditioning systems of suffident size and capadty to provide a cooling effect throughout the vehicle, with cold air blowing in all sections of the vehicle. If the air conditioning system becomes Inoperable during the day, the Contractor shall replace the vehicle within one hour. The vehicle shall not again be used until such time that the air conditioning system has been repaired. d. Have exterior free of grime, oil or other substances and free from cracks, breaks, dents and damaged paint that noticeably detract from the overall appearance of the vehicle. e. Be clean in the interior and free from tom floor coverings, damaged or broken seats, and protruding sharp edges. The seats shall be padded and comfortable. f. Have unobstructed vision on at least three (3) sides of the vehicle. g. Have a properly functioning wheelchair lift mechanism in order to provide accessibility to those passengers who are non-ambulatory, unless an accessible Iow- floor bus is provided. A minimum of one (1) wheelchair space must be available on each vehicle. The wheelchair space shall have a mechanism in place to properly secure the wheelchair. If the wheelchair lift becomes inoperable during the day, the Contractor shall replace the vehicle within one hour. The vehicle shall not again be used until such time that the wheelchair lift has been repaired. h. All vehicles and equipment on the vehicles shall be maintained in full operational conditions at all times according to the manufacturer's recommendations. i. Not have leaks of any kind. 20 j. Be equipped with a functioning horn. k. Not be more than one (1) year of age at the start of this contract, nor have more than 10,000 miles of service for vehicles 29' in length or smaller. At no time during the duration of this Contract or any renewal thereof shall a vehide be more than five (5) years of age or have more than 100,000 miles as recorded by the vehides odometer. *Bidders are encouraged to provide service using new vehicles. I. A spare vehide may be up to four (3) years old or 60.000 miles as recorded on the odometer. A spare vehicle Is seldom used and will be taken out of service once the nonnal vehicle for service is repaired. m. There should be room in the vehides for passengers to rest packages such as bags from groceries and stores. Vehicle drivers are expected to provide reasonable assistance to passengers and package handling whenever possible. n. Vehides shall not have any exterior displays of telephone numbers or advertising, unless authorized by the City. o. Bidders are encouraged to submit price proposals that feature "low floor" buses that do not require passengers to climb up or down steps to enter or exit. 9.3.2.3 Vehicle Insoections Upon issuance of the first Contract and each two (2) months thereafter, the Contractor shall supply the City with a list of all vehicles and ID numbers to be used in the subsequent two months. All vehicles shall be inspected by successful bidder, or made available for inspection at any time ordered by the City at its sole discretion. Any vehide not found in conformity with the above standards must be removed from service immediately until any defICiencies are corrected. The City further reserves the right to order the immediate removal from service of any vehide not in compliance with any vehicle standards referenced herein. Failure to comply with these requirements shall be cause for disallowance of compensation 21 -- for services rendered in the violating vehicle. Tyee of Vehicle: The basic type of vehicles, which a Contractor may utilize in the provision of transportation services on the Blue and Green routes, is described below: Vehicle Tyee Minibus # of seats 14-24 Lenath 22' - 26' The Yellow Route carries heavier loads of passengers, and the minibus used on that route must be able to seat at least 22 passengers and be no more than 29 feet long to allow It to maneuver through condominiums and shopping centers. Seats in all vehicles shall be soft (padded) and forward fadng. All model vehicles provided by the contractor must have completed "AItoona testing" for a seven- year vehicle and the contractor must attest In writing that they have reviewed the Altoona Test results and believe that the vehicle is suitable for reliable service to the City of Aventura. ""Bidders may Include conventionally fueled vehicles, however, Bidders are encouraged to provide service using Alternative Fuel Vehicles. 9.3.2.4 Suffident Number and TYoes of Vehicles to Meet Estimated Demand: (1) Contractor provided vehicles must conform to the Oty of Aventura's color scheme. Vehicles must have provisions for, at least, one wheelchair tie-down position. (2) The Contractor shall provide at least four (4) vehicles equal to handle the peak Vehicle Requirements (PVR) and spare ratio. Contractor shall provide a back-up vehicle in place within one (1) hour of a reported breakdown. (3) The interior shall be cleaned at least once each day and the exteriOrs shall be cleaned at least twice per week. The vehicles shall be free of pests and exterminated for pests at least once per week. 9.4 COMPLIANCE WITH LAWS, LICENSING REQUIREMENTS AND TERMS OF COmMCT: Contractor shall comply with any and all laws, statutes, ordinances, rules, regulations, and procedural requirements whether federal, State, County, or local 22 and of any agency or such government, induding County and FTA, which relate to or in any manner affect the perlonnance of this Contract. This indudes rompliance with any existing or future drug policies, the Americans with Disabilities Act (ADA), and any laws and regulations issued by Local County, State or Federal agendes. 9.4.1 All partidpating rontractors must provide a System Safety program plan as required under Florida Statute 341.061 and FOOT Rule 14-90. 9.4.2 Contractor Personnel: The Contractor shall ensure that its drivers shall adhere to the following provisions. 9.4.3 Personal Aooearance Oeanliness and neatness are required at all times. A driver's unlfonn must be dean, pressed, brushed and in good repair at all times; shoes must be shined. Driver's hair, moustache and beard must be well groomed or drivers who do not have moustache or beard must be cleaned shaven. The wearing of non-unlfonn apparel will not be pennitted, except during rold weather when drivers will be permitted to wear a non-unifonn jacket or coat. At all times Contractor drivers shall treat all passengers and the public with rourtesy and respect and shall conduct themselves in a professional manner. The following acts are specifically prohibited by drivers when providing services under this contract. This list is not intended to be exdusive. a. Use of intoxicating liquors, narcotics or controlled substances of any kind (exduding doctor's prescriptions) while on duty or reporting for duty in uniform while under the influence of liquors, narcotics or rontrolled substances of any kind (exduding doctor's prescriptions). b. Gambling in any fonn. c. Smoking and other uses of tobacco while on duty except in places or at times designated for that purpose. d. Canying of pistols, fireanns or concealed weapons while on duty. e. Resorting to physical violence to settle a dispute with a fellow employee or the general public while on duty or on City premises. f. Spitting in prohibited places or any other unsanitary practices. g. Use of loud, indecent or profane language and/or making threatening or obscene gestures toward passengers, the general public or other 23 employees. h. Acceptance of tips from passengers. This service is intended to be totally free to all passengers. Contractors should understand that tipping will not be allowed, and Instruct their drivers accordingly. Accepting tips shall be grounds for driver removal at the CITY's sole discretion. i. Driver's Resoonsibilitv It shall be the responsibility of the driver to devote full attention to the safe, smooth and efficient operation of equipment and to avoid discomfort or inconvenience to passengers. Subject to orders of persons of higher authority, the driver has charge of the vehicle and shall be responsible for: a. Adherence to route schedules and time points; b. Knowledge and observance of traffic laws and safety regulations; c. The safety of boarding and alighting passengers; d. Calling out of bus stops and major intersections; e. Assisting passengers with packages as they board or disembark from the bus. 9.4.3.1 Drivers shall not have a criminal history which might impair the service to the customers, including convictions for crimes involving assault, battery and moral turpitude. a. Drivers shall be of the minimum age of 21. b. Drivers must be fluent in their understanding, reading, writing and speaking the English language. c. Drivers shall not have more than two (2) moving violations in the last 5 years and no DWI/DUl convictions, nor any chargeable accidents in anyone-year period. d. Drivers shall complete a daily passenger trip report and a daily vehicle mileage report for each shift worked. All reports shall be collected and checked by the contractor and turned In to the City by the 10th of each month. 9.4.3.2 Drivers shall have and maintain the State and Federal required Class B Commercial license (CDL), and required County Chauffeurs license. 24 9.4.3.3 The Contractor shall certify that the drivers and other personnel providing transportation under this contract will complete an initial and fOllow-up training program developed by the Contractor, subject to prior approval by the City, consisting of at lea~ the following items: a. Defensive and safe driver training. b. Passenger courtesy and comfort. c. Technical training in the proper use of vehicle equipment, where applicable. d. Sensitivity and awareness of the special needs of handicapped and elderly passengers. e. Precautions and special care needed to assist elderly and handicapped passengers. f. Training in the completion of required City of Aventura fonns. g. Drivers shall have a thorough knowledge of the Aventura transit system schedules and routes; and basic knowledge of other public transit services available within the City. h. Training in City of Aventura's free fare policy. i. Training in City of Aventura's route systems. j. It will be the Contractor's responsibility to monitor drivers' perfonnance and schedule refresher rourses, as needed. This written training program must be submitted with Proposal and is subject to modification only at the direction of, or with the concurrence of, the City. 1. In the event that the City desires to rolled fares, it shall be the responsibility of the Contractor to secure and install such equipment as directed and specified by the City. 2. For the purposes of revenue collection, the City may require the Contractor to deliver revenue to the City Hall or at such time intervals as determined by the City, or at City's option a different method of revenue delivery may be selected. 25 9.5 SQiEDULES: Adherence to schedule is of utmost importance. At the City's sole discretion, drivers may be required to keep time records that indicate actual arrival and/or departure times. As much as possible, Aventura Advantage shuttle routes are designed to meet each other at the Aventura Mall. Drivers shall be alert to accommodating those passengers who wish to transfer to another Aventura Advantage minibus route. 1. Telephone Svstem: The Contractor shall make available suffident telephone capacity to ensure accessible communication between the City and Contractor's facility. Should the City detennine that telephone access is inadequate, the Contractor must provide a dedicated telephone line. 2. TWfrWay Communication System: The Contractor, through a base station or a City approved alternate communication system (e.g. mobile phones), Is required to be in regular communication with all vehides providing transportation service. Additionally, the Contractor shall install, pay for and provide the City with compatible communications equipment to the Contractor's vehides utilized In the Contract for purposes of communicating between City and Contractor's vehides and/or dispatchers. 9.6 STRIKES AND LOCKOUTS: There will be no strikes, work stoppages, sick-outs, picketing while working, slowdowns or other concerted failure or refusal to perfonn assigned work by the Contractor's employees, and there will be no lockouts by the Contractor for the duration of this Contract. The Contractor shall make an attempt to obtain from any association representing the Contractor'S employees a letter of understanding agreeing to support the City fully in maintaining operations in every way. Any employee who participates In or promotes an illegal strike, wor\< stoppage, picket while working, slowdown, sick-out or concerted failure to refuse to perfonn assigned wor\< may be discharged or otherwise disdplined by the Contractor. It is recognized by the parties that the City is responsible for and engaged in activities which are the basis of the health and welfare of our dtizens and that any violation of this section would give rise to Irreparable damage to the City and the publiC at large. Accordingly it is understood and agreed that in the event of any violation of this section, the City shall be entitled to seek and obtain immediate injunctive relief and all other relief as provided by law, induding attomey's fees and full costs associated with the violation and restoration of service. In the event of a strike, work stoppage, or interference with the operations and accomplishment of the mission of the City, the Contractor and 26 any association representing the Contractor's employees shall promptly and publicly order the employees to return to work and attempt to bring about a prompt resumption of nonnal operations. BIDDER'S NAME: Mark Levitt COMPANY NAME:Lirnousines of South Florida, Inc. 27 ~ 3 ~ Z III 3 ~ ~. ~ "tl~ ~ ~ ::t.... p:. ::l'tl ~ -Ill ., iil ~ 0 :l ~~ :5 ~ CIJ ~ -I 9 (5 a. I z it> i 3, ~ Z ~ t- . ; ~ '"i ....0 CIJ }-~ ~ :I:_ mii!: ~ " m -lS 0 ~ "Tlo'~:::::j l.Jv 0-6' c -< ~ ~~ :;tJIlIZO "- 3!:j9"Tl "(\ ~~ Ojilo> t- .t ^:IN< Icn~m ~ ~~ c-.......z "'U.....-t t v. F- Og>NC '" "Tl<N~ ~ III lJl -. -I _Cl '\o.l co!- Lt> 'tl ~ > ~ li\J 0 -c::., () ~ 1/'] <.. ..... ),.; G'l ,\ " "" ~ iiJ'tl m I\Ig '" ~~ ~ . -.J -J Q..'II: ,-.C t> lD tl J;) Vol VI ~ .c:. G'- )>. ..., iiJl"Tl " I III III ...... 0>< E. 0'11: ~ l} Planholders List - Der'ldStar by Onvia Page 1 of2 user: Shields, Jeff organization: City of Aventura I logout I Help DemandSta~ by ONvlA .' My DemandStar Buyers log Bid [View Bids] log Quote Auctions Build Broadcast List Planholders List Account Info View Quotes Supplier Search Reverse Member Name City of Aventura Bid Number 610-02-11-12-2-0-200205 Bid Name Municipal Transit Service Number of Documents for this bid 3 (Not Including Plans) 13 Planholder(s) found. , , Supplier Name Phone Fax Doc Attributes Actions Count Laidlaw Education Services 630-848-3024 630-848-3153 3 Documents The Presidio Corporation 954-227-8330 954-227-8303 3 1. Small Business Docum~ntl; 2. Woman Owned ATC 508-223-5300 508-223-5305 3 Documents southern shuttle services, 305-871-8210 305-871-8475 3 QQcYm~nt,s Inc MV Transportation, Inc. (707) 863- (707) 863- 3 Q_Q!;_Y.!!1~ntl; 8980 8944 LogistiCare 7709077596 7709077598 3 Documents Operation Shuttle.com 714-228'"0582 714-228-0595 3 Documents Quality Transport Services 954-791-2505 954-791-2591 3 1. Woman Owned QQ!;ym~J1tl; Constructlonjournal.com (800) 785- (800) 581- 3 Documents 5165 7204 Avo International (214) 330- (214) 333- 3 Documents 3522 0104 Sessaly Rose Transit, Inc. (850) 222- (850) 222- 3 1. Woman Owned Qocyme.nts 8232 6654 Luxury limousine Service, (954) 741- (954) 726- 1. African American 3 Owned Documents Inc. 2811 9962 2. Small Business Arqultectonica 305-372-1812 305-372-1175 2 Documents Format for Printing' Yes !ill Search II <<Retum I c. ~ fr ~ ~\ ~ ~ s ~ !\.~ --<.. () ~ ~ ...,... ~~ f~ X ~ ~ t -- ~ ')--.... .J~ ~ :c r-::- ~ ~ - - (f ~, r cn ~ . . 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"- ~ ~ "'- ,. 1'\ t 1'\ _._-~-------"._--,~,.~~~_.."~_-..."~,~,,,~,,.'" ..'.""'"".- ....'0"."'"""'............-'"',.........,.."""",.'''...,,,.;".__.., ". ".~.~-_...'.."^',~-->~'..,,,..,,..""" .. , ." I ~ ~ ~. ~ ~ ~~". ~ ,~ f) ~ \:)-......... ~ \.>J (j B "\1 " 'v.J ........ i\ ..j ~~ ~~ ~~ ~ '\.l ~~ - - ~~ ~ ~1-\lJ.l~ ~\ ~ t> \ ~ ~ "4 ~, I" "-~ <S'\~ t:'--1.).3 <=>9 (). .......v\ ~ -.... \N -R. J;:-> <:..-J "1> c ~ ""\ ""'" \t-I -C... ,- ~ C) ~ r~ C) ~ (\~ ~ () ~ ~ ~ ~ (5 l:. ~ ., to.. ~ ::. ~ ~ .1". L.. <: (:0- \r'<:: ~~ -~ '""~ t .... r. :r. 3. i ~ ;..... } CJ) G') z z CJ) J: ~m (t) m- tn-fS: Q,"T\C t:l)oz ~ ;0 n n hs:=ti~=i ~ )>)>0-< c::zrzO ~O-fO"T\ ~~~~~ ~;OCJ)=~ c-<=i~-f tI.,)""DCJ)NC @~m~~ ~I;o " OJ < c-- con "tin.!] '0 ~z "T\ m ;;u m z n m CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM BY: Robert M. Sherma , na er of Community servi~ TO: City Commission FROM: Eric M. Soroka, City DATE: December 11, 2002 SUBJECT: Resolution Authorizing the City Manager to Execute Work Authorization No. 01-0103-024 from Craven Thompson & Associates, Inc. for the Design of the NE 31st Avenue Park. January 7, 2003 City Commission Meeting Agenda Item.iLc.. Recommendation It is recommended that the City Commission adopt the attached resolution authorizing the City Manager to execute the attached Work Authorization No. 01-0103-024 from Craven Thompson & Associates, Inc. to design the NE 31st Avenue Park in the amount of $20,600. Backaround This Work Authorization provides for the preparation of construction drawings and cost estimates for the development and construction of the NE 31st Avenue Park. The two acre park will contain the following elements: ADA accessible park. 30 space parking lot. Open 1.5 acre playfield area with playground designed for children aged 2 through12. Landscaping with shade trees throughout the park. Decorative fencing separating the pet park from the play areas. Separate entrance for visitors with pets. Separate drinking fountains for people and pets. Pet exercise area totaling approximately 25,000 square feet. Several "pooper scooper" stations with trash receptacles. City Commission December 11 , 2002 Page Two Craven Thompson & Associates, Inc. shall prepare construction drawings, details and specifications for this project and include the following elements: 1. Site Plan 2. Paving, Grading and Drainage Plan 3. Water and Sewer Plan 4. Site Geometry Plan 5. Landscape Plan 6. Irrigation Plan 7. Lighting Plan 8. Site Amenities Plan . Miscellaneous coordination with City and/or other affected parties. . Prepare cost estimates for permitting and construction. The design phase will take approximately 90 days to complete. I will be happy to answer any additional questions regarding this project. RMS/gf Attachments RMS02098 RESOLUTION NO. 2003-_ A RESOLUTION OF THE CITY COMMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION # 01-0103-024 FOR PROFESSIONAL CONSULTING SERVICES WITH CRAVEN THOMPSON AND ASSOCIATES, INC. TO PREPARE CONSTRUCTION DRAWINGS AND SPECIFICATIONS FOR THE DEVELOPMENT OF THE NE 31 AVENUE PARK IN THE AMOUNT OF $20,600.00; 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 Work Authorization # 01-0103-024 for Professional Consulting Services with Craven Thompson and Associates Inc. to prepare construction drawings and specifications for the development of the NE 31 Avenue park in the amount of $20,600.00. Section 2. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner upon being put to a vote, the vote was as follows: , who . and Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg Mayor Jeffrey M. Perlow Resolution No. 2003-_ Page 2 PASSED AND ADOPTED this 7th day of January, 2003. JEFFREY M. PERLOW , MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY WORK AUTHORIZA nON NO. 01-0103-024 The City of Aventura bas requested Work Authorization No. 01-0103-024 as provided for in the Agreement between the City of Aventura and Craven Thompson and Associates, Inc. and approved by the City Commission on July 3, 200 I. This Work Authorization No. 01-0 I 03-024 provides for technical services in accordance with Articles 3, 4, 6, 7 and 8 of the Agreement as further detailed in the scope of services in Exhibit A. Payment for such services shall be in accordance with Article 5 of the Agreement. Design Phase Prepare Design Drawings.................. ............ ................................................... .$17,300.00 Project Management............................................................... ...... $ 2,500.00 Total Design Phase............ ..................................... ......... ...... ................ $19,800.00 Reimbursable Exnenses Printing, Graphics, Communications........................................... ............................ $600.00 Couriers, Express Mail, Ete. .................................................................................... $200.00 Total Reimbursable Expenses............................................................................... $800.00 Total Estimated Labor Expenses are................................................................... $19,800.00 Total Estimated Reimbursable Expenses are............................................................ $800.00 The time period for this work authorization will be: Design Phase............................................................ 90 Days APPROVED AS TO FORM BY ATTEST BY CITY: CITY OF A VENTURA, FLORIDA through its City Manager BY City Manager City Clerk Teresa M. Soroka. CMC Eric M. Soroka. ICMA-CM day of .2003 Notice to Proceed _ Yes No City Attorney Weiss Serota & Helfman, P.A. Project Initiation Date RECOMMENDED through its Director of Community Services BY Director of Community Services Robert M. Shennan. CPRP day of .2003 EXHIBIT "A" Consultant shall prepare construction drawings and specifications for the development of a dog park and playground within the City of Aventura. The plans shall be prepared in accordance with the Conceptual design prepared by Craven Thompson and Associates. Consultant will more specifically perform the following: . Prepare construction drawings, including details and specifications, for the proposed dog park and playground including the following: 1) Site Plan 2) Paving, Grading and Drainage Plan 3) Water and Sewer Plan 4) Site Geometry Plan 5) Landscape Plan 6) Irrigation Plan 7) Lighting Plan 8) Site Amenities Plan . Miscellaneous coordination with City and/or other affected parties. . Prepare cost estimates for permitting and construction. -< Eo-; -< Q foil t:: 00 u cJ -< -< '" ... ~ ~ II II -< ~ ~ -< ~ ~ . . . .. -< I"- III II ~ E- if ~ ... ttl .... II Iiil U :; fI1 Z if o . fI1 Iiil U ~ fI1 <: t'l ~ II ~~ lloU . . ~."";;'~ .~~ ,> .' 'it,. Q ~ ~ <( Q. " '~ >~ :5~ c.~ ~ ~C LLJ~ 1\;-: CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM DATE: December 12, 2002 TO: City Commission FROM: BY: Robert M. Sherman, SUBJECT: Interlocal Agreement Between the City and Miami-Dade County for Providing Public Transportation Services Within the City of Aventura January 7, 2003 City Commission Meeting Agenda Item b -D Recommendation It is recommended the City Commission adopt the attached Resolution authorizing the City Manager to execute the attached Interlocal Agreement between the City and Miami-Dade County providing for public transportation services in the City of Aventura. Backaround This Agreement provides for the following terms and conditions pertaining to the Aventura shuttle bus. Our current Agreement has expired: 1. The Agreement provides for the transit operator to operate and comply with all applicable county ordinances and state statutes within the City at no cost to the City. 2. The City shuttle bus comply with all requirements of the ADA, and the County will continue to operate the on-demand STS services within the City at no cost to the City. 3. The City shall provide the shuttle service on the three routes as we are currently doing, for the life of the agreement. 4. No fares can be charged without the approval of the County Manager. If fares are to be charged, the City agrees to accept MDTA passes and transfers at no charge. City Commission December 12, 2002 Page Two 5. The Aventura shuttle bus will be shown on the County's transit maps. The County shall also provide information on the Aventura shuttle bus through their regular and customary public information process. 6. To the extent permitted by law, the City and Miami-Dade County agree to indemnify and hold harmless each other. 7. In the event that the County enters into an Interlocal Agreement for transit services with another municipality that is comparable to the services contained in our Interlocal Agreement, and contains more favorable terms for that municipality, the County agrees to amend the Agreement, upon request from the City, to provide substantially equivalent favorable terms to the City. 8. The agreement is for a five year term, with an option to renew for three additional one year terms. RMS/gf Attachments RMS02099 RESOLUTION NO. 2003-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED INTERLOCAL AGREEMENT BETWEEN THE CITY OF AVENTURA AND MIAMI-DADE COUNTY FOR THE PROVISION OF PUBLIC TRANSPORTATION SERVICES WITHIN 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 Interlocal Agreement by and between the City and Miami-Dade County for public transportation services within the City of Aventura. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg Mayor Jeffrey M. Perlow Resolution No. 2003-_ Page 2 PASSED AND ADOPTED this 7th day of January, 2003. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Interlocal Agreement Between Miami-Dade County and the City of Aventura For the Provision of Public Transportation Services This is an Interlocal Agreement, made and entered into by and between: Miami- Dade County, a political subdivision of the State of Florida, hereinafter referred to as "the County," and the City of Aventura, a municipal corporation of the State of Florida, hereinafter referred to as "the City". WITNESSElH: WHEREAS, traffic congestion in the City of Aventura, and particularly the Aventura Mall and Biscayne Boulevard corridor area. has been and continues to be a significant concern to the residents and merchants of the City of A ventura; and WHEREAS, A ventura is an important center of commerce and business in South Florida and the state, hosting one of the most successful and active shopping malls in Florida; and WHEREAS, the population density of the City of Aventura is among the highest of any municipality in Florida and many of the residents of Aventura are not able to easily access existing transit services due to limited mobility; and WHEREAS, two-thirds of the residents of the city have no public transportation services within a reasonable walking distance and there are no plans for expansion of County transit service in those areas of A ventura that are currently unserved; and WHEREAS, the provision of regularly scheduled transit shuttle service in Aventura could help decrease the need for specialized transportation services provided by Miami-Dade Transit (MDT); and WHEREAS, the provision of regularly scheduled transit shuttle service will connect with existing Miami-Dade Transit services and help increase the use of services provided by MDT; and WHEREAS, the City is willing to provide an alternative form of supplemental public transit within the City and has budgeted the necessary funds to so provide; NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, the County and the City agree as follows: ARTICLE 1 DEFINITIONS 1.1 "ADA" shall mean the Americans with Disabilities Act of 1990, as amended. 1.2 "Contractor" shall mean any entity, public or private, providing public transit services as described in this Agreement under contract to the City. 1.3 "Shuttle" shall mean fixed route or semi-fixed route public transportation circulator services where at least 700/0 of the route is within the City and said circulator service is operated by the City, directly or by contract, pursuant to this Agreement and Chapter 31 of the Code of Miami-Dade County. 1.4 "The County" shall include Miami-Dade County, Miami-Dade Transit, the Miami-Dade Consumer Services Department, and authorized representatives thereof. 1.5 "The City" shall mean the City of Aventura and authorized representatives thereof 1.6 "FDOT" shall mean the Florida Department of Transportation and authorized representatives thereof. 1.7 "MDT" shall mean Miami-Dade Transit and authorized representatives thereof 1.8 "USDOT" shall refer to the U.S. Department of Transportation, its rules and regulations, and representatives thereof 1.9 "FTA" shall mean the Federal Transit Administration, its rules and regulations, and representatives thereof 1.10 "CSD" shall mean the Consumer Services Department of Miami-Dade County and authorized representatives thereof 1.11 "PTRD" shall refer to the Passenger Transportation Regulatory Division ofCSD. 1.12 "Federal Reporting Requirements" shall mean those requirements referenced in 49 CFR Section 5335(a), as may be amended from time to time, and found in the National Transit Database Reporting Manual published by the Ff A 1.13 "Fares" for shuttle service shall mean individual transportation fees paid by public transit passengers in accordance with a schedule of fares adopted by County Ordinance. 1.14 "STS", Special Transportation Service, is the component of the conventional transit system designed to provide comparable transit service to disabled individuals as mandated in the ADA. ARTICLE 2 GENERAL REQUIREMENTS 2.1 Compliance with Ap,plicable Laws and Regulations. The City and its contractors, if any, shall comply with all existing and future laws, statutes, ordinances, codes, rules, regulations, and procedural requirements, whether federal, state, or local, which are applicable to, or in any manner affect, the provision of the City of Aventura Shuttle Transportation Services. The City shall be responsible for ensuring compliance of its employees, contractors, agents, or assigns with all applicable county, state, and federal requirements, including, but not limited to, all safety, mechanical, and vehicular standards mandated by MDT and CSD. The City shall be responsible for obtaining copies of the appropriate laws, regulations, ordinances, and documents and complying therewith. 2.2 The County RellUlatOlY Requirements. Prior to the commencement of the Shuttle under this Agreement, the City and/or its contractors, if any, shall have current and valid certificates of transportation, permits, and chauffeur registrations as required by Chapter 31 of the Code of Miami-Dade County. The City and its contractors shall maintain such certificates, registrations and permits current during the period of this Agreement. In no event shall the City or any of its contractors provide any transportation services contemplated by this Agreement until any and all County regulatory requirements are satisfied. 2.3 Vehicle Licensing. All vehicles utilized to provide transportation services shall at all times be properly licensed and permitted in accordance with applicable federal, state, and county requirements. Vehicle operators shall comply with all safety, mechanical, and vehicular standards mandated by any applicable county, state, and federal requirements including, but not limited to, all safety, mechanical, and vehicular standards mandated by MDT and CSD. 2.4 Vehicle Standards. Vehicles shall comply with all of the requirements contained in Chapters 30 and 31 of the Code of Miami-Dade County, pertinent state statutes and other directives as may be prescribed and required by CSD or MDT. All vehicles utilized to provide transportation services authorized by this Agreement shall at all times display a current and valid county permit and shall comply with safety, mechanical, and vehicular requirements mandated by applicable county, state, or federal requirements, including ADA. 2.5 Chauffeur Requirements. Vehicle chauffeurs shall at all times have a current and valid county chauffeur's registration. Vehicle chauffeurs shall also comply with any safety, mechanical, and vehicle standards mandated by applicable county, state, and federal requirements and as may be prescribed and required by CSD or MDT. 2.6 Proof of Compliance Prior to Operation. The City and/or its contractors, if any, shall provide the County with proof of compliance with licensure, insurance, and any other requirements mandated by the Code of Miami-Dade County, state statute, or federal law prior to commencement of the Shuttle. 2.7 Purchase of Services/Sole Responsibility. The parties agree that this Agreement is a contract for the purchase of transportation services provided by the City for the benefit of the County. City employees, agents, and contractors providing transportation services shall be considered to be, at all times, solely employees, agents, and contractors of the City under its sole direction and not employees, agents, or contractors of the County. 2.8 Compliance with ADA. The City's Shuttle services shall comply with all applicable requirements of the ADA. The City and County recognize their joint obligation to provide STS in the area served by the City's Shuttle. In fulfillment of the City's obligation, the City hereby contracts with the County to provide STS services for trips that have both their origin and destination within the City Shuttle services area, as the County shall continue to provide such trips as part of its STS service at no cost to the City. To the extent that any terms of this Agreement are in conflict with the ADA, the requirements of the ADA shall control. 2.9 Compliance with Procurement Requirements. The City agrees to comply with applicable federal and state procurement requirements, as may be amended from time to time, when entering into contracts with third parties to fulfill the obligations under this Agreement. 2.10 County's Right to Submit Prooosals and Bids. The County shall be given the opportunity to bid upon any Requests for Proposals, Requests for Qualifications, or Requests for Bids which the City shall issue regarding the provision of transportation service, and shall be considered, along with private contractors, for provision of services to be provided by the City pursuant to this Agreement. 2.11 Drug-free Workplace and Testing. In accordance with the Code of Miami-Dade County, the City shall certifY that it will have a drug-free workplace program. Further, the City shall require pre-employment drug testing and other periodic drug testing for all persons holding safety-sensitive positions, as defined by USDOT, related to transit operations. Effective upon execution of the Agreement, the City shall require that its employees and contractor, if applicable, comply with all applicable requirements of the USDOT regulations for drug and alcohol testing. To the extent that any terms in this Agreement are inconsistent with the USDOT regulation, the requirements of the USDOT shall control. 2.12 City Representative. The City shall designate individual(s) to act as liaison to the County and notifY the County thereof The City shall promptly notifY the County of any changes. 2.13 County ReDresentative. The County shall designate individual(s) to act as liaison to the City and notify the City thereof. The County shall promptly notify the City of any changes. 2.14.1 Amendments or modifications. Unless provided otherwise elsewhere in this Agreement, amendments and modifications to this Agreement must be in writing and shall require the signatures of the County Manager and the City Manager, or their designees, subject to authorization by their respective Boards. Notwithstanding the foregoing, amendments to this Agreement regarding alignments, schedules, and fares, as described in Section 2-150 (c) of the Miami- Dade County Code, may be approved by the County Manager and the City Manager, or their designees. ARTICLE 3 CITY OF A VENTURA TRANSPORTATION SERVICES 3.1 Provision of City of Aventura Shuttle Services. The City shall provide public transportation services on one or more routes within the City of Aventura and adjacent municipalities as contained in Exhibit "A" and schedules contained in Exhibit "B", copies of which are attached hereto and made a part thereof. Any changes to Exhibits" A" or "B" shall be consistent with Chapter 31 of the Code of Miami-Dade County and be effective only upon the written consent of the County Manager and the City Manager, or their designees. The City shall not provide shuttle services on additional routes without approval of the Miami-Dade County Board of County Commissioners except as described in Section 2-150( c) of the Code of Miami-Dade County. 3.2 ~. The City shall operate the Shuttle without charging a fare to riders. Notwithstanding the foregoing, the City may, upon approval of the County Manager, charge passengers a fare for the use of the Shuttle, in accordance with public transit fares established by the County, as may be modified from time to time pursuant to Section 2-150 of the Code of Miami-Dade County. The City may charge a fare other than a fare established by the County upon approval of the County as provided in Section 2-150 (c) of the Code of Miami-Dade County. The City shall accept MDT passes, transfers or identification entitling a passenger to ride a Metrobus without paying any additional fare. 3.3 Connection and Coordination with County Bus Routes. The Shuttle shall connect, at a minimum, with regular County Metrobus routes at points where the routes intersect, merge or diverge, as specified in Exhibit "A". Shuttle operating schedules shall be coordinated with existing County Metrobus service to the extent possible. 3.4 Operation of Routes in Their Entirety. The City shall be responsible for ensuring that Shuttle routes are operated in their entirety with no deviation from the approved routes and schedules. 3.5 Shuttle Shown on County Bus Schedules. The County shall include the Shuttle on the County's Transit Map. Such inclusion shall commence with the regular publication of the County's Transit Map next occurring after commencement of the Shuttle operations. The County shall also provide information on the City's Shuttle through MDT's routine and customary public information dissemination processes, including its transit information telephone service. 3.6 Issuance of Shuttle Schedules. The County shall make available to its Metrobus, Metrorail, and Metromover passengers maps and schedules provided by the City to MDT. 3.7 Planning and Scheduling of Shuttle Routes. The County, through the MDT Director or his designee, may assist the City staff with technical support for planning and scheduling of Shuttle services. 3.8 Non-Interference and Non-Disturbance. The County and the City hereby mutually agree not to interfere with or unreasonably impede the free flow of pedestrian movement or of each other's public transit vehicular traffic or passengers accessing of egressing Metrobus or Shuttle in-service vehicles. 3.9 Use of Logo. The City may wish to design a logo uniquely identifYing its Shuttle. If they do so, such logo shall at all times be displayed on the exterior of all vehicles operating pursuant to the Agreement. The County shall allow the display of the Shuttle logo on the County's bus stop signs at all stops common to the City and the County bus routes. 3.10 Bus Stop Signs and Signposts. The City may provide, install, and maintain bus stop signs and signposts at Shuttle stops along the City's Shuttle routes. In the event that the City, its contractor, licensee, permittee, or assignee installs Shuttle sign facilities that can accommodate Metrobus bus stop information, the County may elect to utilize the City's sign facility to display Metrobus bus stop information. If such election is made, MDT shall provide to the City the materials to be displayed on the bus stop sign facility, in the size and format to be specified by the City, and the City will remove the County's signs and return_the signs to the County. The City shall be responsible for installing the Metrobus bus stop information in/on the bus stop sign facility. ARTICLE 4 RECORDS AND REPORTS 4.1 ReoortiDll Requirements. The City shall collect or assure the collection of all information required for Federal and State reporting purposes, and shall provide collected and complied information to the County no less often than quarterly. The City shall annually prepare and submit audited National Transit Data Base reports as required by the USDOT and submit to the County a copy of said reports no later than ninety (90) days after the close of the County's fiscal year. 4.2 Additional Information. The City shall provide additional information and the Shuttle operations as requested by the County within thirty (30) days, unless a different time period is agreed upon by the City and the County. ARTICLE 5 INSURANCE The parties hereto acknowledge that the City is a self-insured governmental entity subject to the limitations of Section 768.28, F.S. The City shall institute and maintain a fiscally sound and prudent risk management program with regard to its obligations under this Agreement in accordance with the provision of Section 768.28, F.S. The City shall collect and keep on file documentation of insurance of any and all private providers operating the City of A ventura Shuttle routes. In the event that the City contracts with a private vendor for services, the City shall require contractor to meet the insurance requirements found in Exhibit "C", as a minimum. The City shall further require the private operator to include the County as a named insured and shall provide the County with a copy of the insurance policy purchased by any contractor prior to the provision of Shuttle operations. ARTICLE 6 INDEMNIFICATION 6.1 The City shall, to the extent permitted by law at all times hereafter, indemnify and hold harmless the County, and its officers, agents, employees and instrumentalities from any and all liability, claims, losses, and causes of action, including attorneys' fees and costs of defense which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, or relating to or resulting from the negligence of the City and/or its officers, employees, agents or instrumentalities, during the term of and relating to this Agreement. The City shall pay all claims and losses in connections therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments and attorneys' fees which may issue thereon. The City expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the City shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents or instrumentalities as herein provided. Nothing herein shall be deemed to indemnify the County from any liability or claim arising out ofthe negligent performance or failure of performance ofthe County, its officers, employees, agents or instrumentalities or any other related third party. This paragraph is subject to the limitations of Section 768.28, F. S. 6.2 In the event the City contracts for transportation services authorized by this Agreement, the contractor shall, in its contract with the City, be required to indemnify and hold harmless the County, and its officers, agents, employees and instrumentalities from any and all liability, claims, liabilities, losses, and causes of action, including attorneys' fees and costs of defense which the County or its officers, employees, agents and instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, or relating to or resulting from the provision of transportation services by the contractor and/or its officers, employees, agents or independent contractors. The contractor shall be required to pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments and attorneys' fees which may issue thereon. The City shall require that the contract between and City and the contractor include a provision which states that the contractor expressly understands and agrees that any insurance protection required by this agreement or otherwise provided by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents or instrumentalities as herein provided. Nothing herein shall be deemed to indemnify the County from any liability or claim arising out of the negligent performance of the County, its officers, employees, agents or instrumentalities or any other related third party. ARTICLE 7 FINANCIAL ASSISTANCE 7.1 Grant Matching Funds. The City shalL at its sole option, provide grant-matching funds for state and/or federal grants for capital or operating funds to be used for the Transportation Services. The County, upon agreement with the City, may, but shall not be required to provide all or part of cash or other types of matches required for state and federal grants which may be received by the City for the Shuttle, or for expansion of the Shuttle, in 2003 and future years. 7.2 Bus Shelters and Benches. The City shall, at its sole option, provide, install, and maintain bus shelters, benches and other bus stop furnishing at those Shuttle stops along the City's circulator routes where the City, or its contractor, feels that there is a need for such furnishings. 7.3 Bus StODS and Bus Bays or Pull-outs. The City shall, at its sole option, provide, install, and maintain bus stop sites, including bus bays or pull-outs at Shuttle stops along the City's circulator routes, provided that any proposed bus bays or pull- outs and any proposed modifications or reconfigurations to existing bus bays or pull-outs shall be first reviewed and approved by the County. 7.4 Comparable Agreements. In the event that the County enters into an Interlocal Agreement with any other municipality for transit services which are comparable to the services provided herein, but upon more favorable terms for the municipality than the terms provided herein, County agrees to amend this Agreement, if requested by the City, to provide substantially equivalent favorable terms to the City as those provided in such other County/Municipal Interlocal Agreements~ ARTICLE 8 TERMS, MODIFICATIONS AND MISCELLANEOUS PROVISIONS 8.1 Term of Allfeement. This Agreement shall commence upon approval of the Board of County Commissioners and the City Commission of the City of Aventura and the execution by the County Manager and authorized City Manager and shall remain in force for five years thereafter. This Agreement is subject to three one-year options to renew, by agreement between the County Manager and the City_Manager. 8.2 RenelZotiation or Modification. Any substantive changes in the level of service to be provided by the City as set forth herein shall only be implemented after the County and the City have entered into a written agreement describing the changed services and the provisions of the County Code have been exercised. 8.3 Title VI and VII Civil Rights Act of1964. The City and its Contractors shall not discriminate against any person because of race, color, sex, religious background, ancestry or national origin in the performance of the Agreement. 8.4 Termination for Cause. This agreement may be terminated for cause by either party upon no less than thirty (30) days written notice to the other party, except when Shuttle operations are in violation of health and/or safety-related provisions of state statutes or the Code of Miami-Dade County, in which case termination shall be as determined by the County Manager. Said notice shall be delivered by verified facsimile transmission or certified mail, return receipt requested. The noticed party shall have the opportunity to cure any stated cause for termination within the notice period, in which case the terminating party may cancel the termination notice using the same means by which the notice of termination delivered. 8.5 Termination without Cause. The County or the City may terminate this Agreement without cause upon no less than sixty (60) days written notice to the other party. If the County or the City terminates this Agreement with or without cause, the City agrees to reimburse the County on a prorated basis for financial assistance it has received for the year. 8.6 Notices. All notices and other communications required to be remitted pursuant to this Agreement to either party hereto shall be in writing and shall be delivered by verified facsimile transmission or certified mail, return receipt requested, to the parties at the address indicated below: FOR MIAMI-DADE COUNTY: Miami-Dade Transit 111 N.W. 1st Street Suite 910 Miami, FL 33128 Attention: Director, Miami-Dade Transit Fax: (305) 375-4605 FOR CITY OF A VENTURA: City of Aventura 19200 W. Country Club Drive Aventura, Florida 33180 Attention: City Manager Fax: 305-466-8939 8.7 Name ofP~ee. The name of the official payee to whom the County shall issue checks shall be the City of A ventura. 8.8 Complete and Binding Agreement. This writing embodies the full and complete agreement of the parties. No other terms, conditions or modifications shall be binding upon the parties unless in writing and signed by the parties. 8.9 Execution. This document shall be executed in four (4) counterparts, each of which shall be deemed an original. 8.10 Governing Law. This Agreement shall be construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective and duly authorized officers the day and year first above written; ATTEST: By: By: Teresa M. Soroka, CMC CITY CLERK ATTEST: HARVEYRUVIN, CLERK By: : DEPUTY CLERK Approved by County Attorney as to form and legal sufficiency CITY OF A VENTURA a Municipal Corporation of the State of Florida Eric M. 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II l~ !l :ll ~ ~ ., "'''' j E~ :l! ~ ,..<.J ..;..; ..... j,;E !l ii!'! ~ ~ ~ ~ :iJ ::R :!l c<..l ""'" .. ) ;!l !l ~ ~ ~ ., ~~ '" :i'.i :5 ] ~ '" ~ '" ~ ~ ~ ~~ ~ II J j !l '" ~ ~ ., ~:'Ij j ~ ~ !1l .. !l ~ ~ ~ ., ~~ ;;:; ~ = ;;J """, EXHIBIT "e" CITY OF AVENTURA REQUEST FOR BIDS FOR MUNICIPAL TRANSIT SERVICE 610#-02-11-12-2 This is not an Order GENERALCONDrnONS 4.1: UABrnLnY, INSURANCE, LICENSES & PERMITS: Where bidders are required to enter onto City of Aventura property or public right of way to deliver materials or to perform work or services as a result of a bid award, the bidder will assume the full duty, obligation, and expense of obtaining all necessary licenses, permits, Inspections, and insurance required. The bidder shall be liable for any damages or loss to the city occasioned by negligence of the bidder (or his agent) or any person the bidder has designated in the completion of this contract as a result of the bid. Contractor shall be required to furnish a certified copy of all licenses, certificates of competency or other licensure requirements necessary to perform services hereunder as required by Florida State Statute, Florida Building Code, Miami-Dade County, or City of Aventura Code, if any. These documents shall be furnished to the City along with the bid response. Failure to furnish these documents or to have required licensure will be grounds for rejecting the bid and forfeiture of the bid bond. 4,1.2: The Vendor shall furnish to the Finance SUpport services Director, City of Aventura, 19200 Country Club Drive, Aventura, FL 33180, certificate(s) of insurance which indicate that insurance coverages comply with Section 13.1 under Special Conditions of this bid. 4,1.3: COUNTY LICENSE: No bid may be submitted or awarded unless the bidder has a MIAMI-DADE County License for the operation of a Passenger Motor Carrier. BIDDER'S NAME: COMPANY NAME: II AGENDA ITEM 6-E RESOLUTION NO. 2003-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA COMMUNITY SERVICES ADVISORY BOARD FOR A ONE-YEAR TERM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 2-121 of the Aventura City Code provides for the creation of the Community Services Advisory Board; and WHEREAS, the term of office for Board members appointed to one-year terms expired on November 6, 2002; and WHEREAS, in accordance with the provisions of Section 3.11 of the Aventura City Charter, the City Commission wishes to provide for approval of the Mayor's appointment of members to the Community Services Advisory Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission hereby approves the appointment by the Mayor of the following individuals to serve as members of the Community Services Advisory Board for a term of one year: Robert Diamond Patricia Crook Frank Ginger Grossman Julie Israel Shirlee Levin Marian Nesbitt Michael Stern Section 2. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Resolution No. 2003-_ Page 2 Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg Mayor Jeffrey M. Perlow PASSED AND ADOPTED this ih day of January, 2003. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Itms AGENDA ITEM 6-F RESOLUTION NO. 2003-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AMENDING RESOLUTION NO. 2001-76, AS AMENDED BY RESOLUTION 2002-01 WHICH APPROVED APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA COMMUNITY SERVICES ADVISORY BOARD BY AMENDING SECTION 2 IN ORDER TO FILL A VACANCY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 2-121 of the Aventura City Code provides for the creation of the Community Services Advisory Board; and WHEREAS, in accordance with the provisions of Section 3.11 of the Aventura City Charter, the City Commission wishes to provide for approval of the Mayor's appointment of members to the Community Services Advisory Board; and WHEREAS, there presently exists a vacancy in the thirteen-member Board due to the death of Ted Cohen; and WHEREAS, this Commission wishes to promptly fill that vacancy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission hereby approves the appointment by the Mayor of Randi Rapp to serve as a member of the Community Services Advisory Board to fill the vacancy created by the death of Ted Cohen. Section 2. Section 2 of Resolution No. 2001-76, as amended by Resolution No. 2002-01 is further hereby amended to read as follows: The City Commission hereby approves the appointment by the Mayor of the following individuals to serve as members Resolution No. 2003-_ Page 2 of the Community Services Advisory Board for a term of two years: Deborah Carr T 98 Cet-l9A Manuel Grife Larry Orenstein Randi Raoo Phillip Sturtz Madeline Zern Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg Mayor Jeffrey M. Perlow PASSED AND ADOPTED this 7th day of January, 2003. JEFFREY M. PERLOW , MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA FINANCE SUPPORT SERVICES DEPARTMENT MEMORANDUM FROM: TO: City Commission BY: ort Services Director DATE: December 17, 2002 SUBJECT: End of Year Amending Ordinance 1 st Reading January 7, 2003 City Commission Meeting Agenda Item ~ 6r 2nd Reading February 4, 2003 City Commission Meeting Agenda Item Recommendation It is recommended that the City Commission approve the attached ordinance amending the 2001/2002 budget. Backaround As you are aware, we are in the process of closing the books for the 2001/2002 fiscal year. We are now to the point where we can formally amend the budget so that the adopted budget contains appropriations sufficient to cover all actual expenditures. The process is called the end of year "clean up" amendment and is done as a matter of course each year. General Fund For the City Commission, the conference/seminar account requires additional funding primarily because more elected officials attended the Florida League of Cities Annual Conference than in past years. For the City Managers office, retirement benefits were miscalculated in the budget and the cost of health insurance was also understated due to the large increase in premium effective September 1, 2001. For Legal, the costs of the 199 Street Railroad Crossing along with higher than projected cable television legal services caused the budget to be exceeded. Page (2) Memorandum to City Commission Resolution Adopting End of Year Budget Amendment For the City Clerk Department, legal advertising was greater than budgeted due primarily to the amendments to the land use plan and land development regulations. For the Community Development Department, an increase of $1,004,000 is required due to the very high level of building activity during the year. This is more than offset by additional revenue for building permits ($1,900,000). For Community Services, a total of $660,000 is required to cover actual expenditures. The vast majority of this amount was due to taking over maintenance of new and improved roadways and green spaces once capital projects were completed during the latter part of the 2000/01 fiscal year and throughout the 2001/02 year. In addition, shuttle bus service was increased due to demand for such services. Health insurance increases in September 2001 and improvements in special events also contributed to the need for additional funding. For Non-Departmental, total expenditures were approximately $235,000 greater than budgeted. A portion of this shortfall was due to higher than projected electric bills for the Government Center. In addition, liability and property insurance costs were signicantly greater than anticipated due to high audit premiums from prior years plus higher rates and experience ratings than were projected when the budget was prepared. The Finance Support Services and Police Department budgets were underspent and were used to fund a portion of the shortfall. In order to cover the balance of overexpenditures, we are recognizing a portion of the excess over budget for building permits. The amount included in the budget amendment is only the amount necessary to offset the overexpenditure. Since actual revenues from building permits exceeded the budget by more than $1,900,000 and actual revenues in other accounts also exceeded budget, the projected fund balance of $7,500,000 included in the 2002/03 budget will be exceeded. Tharefore, this amendment will not negatively impact future years' budgets or capital programs. HMKlmn ORDINANCE NO. 2003-_ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA' FLORIDA, AMENDING ORDINANCE NO. 2001-13, WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2001/2002 FISCAL YEAR BY REVISING THE 2001/2002 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of the City and upon the recommendations of the City Manager (and the concurrence of the Finance Support Services Director as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 2001/2002 Operating and Capital Budget as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The recitals contained in the preamble to this Ordinance are incorporated by reference herein. Section 2. The City Commission hereby authorizes the amendment of Ordinance No. 2001-13, which Ordinance adopted a budget for the 2001/2002 fiscal year, by revising the 2001/2002 budget as set forth on the attached Exhibit "A", which exhibit is deemed incorporated by reference as though set forth in full herein. Ordinance No. 2003-_ Page 2 Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg Mayor Jeffrey M. Perlow The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg Mayor Jeffrey M. Perlow PASSED AND ADOPTED on first reading this 7th day of January, 2003. 2 Ordinance No. 2003-_ Page 3 PASSED AND ADOPTED on second reading this 4th day of February, 2003. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY tms 3 General Fund - 001 Exhibit A REVENUES I ....._ & PermIts 3221000 IlulIdIng __ SUBTOTAL Total Amendment Revenues EXPENDITURES CItv C-... '-_&.on 1410 eon_&_ ...- 2201 2301 CIIY_ -- _, Ufe& Dl..-y InL SuIltolal .... 3120 l.eglIIF_ 1101 ~ Sulltolal CItv Clerk 4811 l.eglIIAdvwtlIlng Su_ 1201 1401 2201 2101 4001 ..... 1120 1420 MIO Finance SIInftIVt ServIces _&Wages 0VllrGM ......sIon 1Il-..,Au;menl Comp T...... R & M 0IlIce EquIpment Computer Op......IIII SUpplies eon_&-... TI'8InIng 11- 718.aoo 1,IOO.aoo 2,218,000 '".''I''I''I'I:''I''I':':ij'.'''''::''''''' I Ii'!J,';;.liiii.jil;, '\ 11.,.j,i.;:;!''':;;;';'i,J,!k"";q,;;"R,, 48,714 27,724 2.aoo 1,000 48,714 33,724 ._-,;";,;.,,,6';. ;:""",'.,';;' ~I;,;::"lij"'" 483710 lOGO 18041 1000 11OGO 18000 20010 1200 1_ """'''B!' l:,:::t,i ./ ',il ""i-'" .,-' - - - - -1_ .14000 - ...... -4200 I~!~!~ii!l~l :!i~~ll~:li!!iiii!!!iil~!!iilii!~ii!_!!~i!:i\ ~:!ii!!l!:l!ililll!l~ilmi 4m10 200 tI304I ...... lOGO - 12010 2200 .- .... :"";,;i%'i" .. OJ- ,',-, "'".,[::[!!,;: ,_ ,r _ .. j: General Fund - 001 (Continued) EXPENDITURES (Continued) --- 1201 _w_ 8u_ CommunItv Dev.doc..~ 3101 BuIldIng InspedkHl8ervices su_ CommunItv 8ervIces 2301 _. life & DIsabHIIIy Ins. 48,327.00 10.000 .,327 3110 Enak*rina 7..000 10.000 1".000 3410 L.IndsclIpe/T.... Malnt. 1,281.000 170.000 1,431.000 :\411 BNulIftc:atIan/ 33,100 40,000 73,100 :l48I r..........,- 8ervices 280.000 24,000 304,000 4101 EIoclrk: ',000 10.000 11,000 4311 u_.. _Llghts 11,000 30.000 11'.000 4320 UtIIftlH.W_ 130.000 110.000 210,000 ....1 R&M~ 30.000 70.000 100,000 - 8pec11/ _ 11,000 10,000 121.000 1220 Go & 011 4,000 1,000 10,000 8uIIlcUI 'p Non....................... 4301 Electric: 11',000 31,000 110,000 4101 u.bIllly & Property Ins. 211.000 200,000 481,000 8ublo1al il. c....-.. Depo_1 .... c.pb1 "-ve .,n1.... 031.,000 1,101,1. I;" Total Amendment-&penditures CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM DATE: City Commission . f" Eric M. Soroka, ICMA-CM, City rar December 16, 2002 TO: FROM: SUBJECT: Ordinance Amending 2002/03 FY Budget to Revise Fund 120- Transportation and Street Maintenance Fund and Reappropriate Capital Projects 1st Reading January 7,2003 City Commission Meeting Agenda Item 'H-- 2nd Reading February 4, 2003 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that attached budget amendment for 2002/03 FY be adopted by the City Commission to amend Fund 120 to revise the title of the Fund to account for new revenues and expenditures associated with the recently passed County Transit System Surtax of V2 % sales tax increase for transportation and to reappropriate two capital projects from the prior fiscal year. BACKGROUND A. Transportation and Street Maintenance Fund As you are aware, this past November the voters approved a Y2 % sales tax increase to fund transportation improvements. The tax will be in effect on January 1, 2003. As part of the People's Transportation Program, the cities in Miami-Dade County will receive 20% of the proceeds for transit enhancement projects. It is estimated that the City of Aventura will receive $735,248 annually. However, for this fiscal year, the proceeds are estimated to be $350,000 based on half-year implementation. Based on the fact that the proceeds are restricted to certain transportation expenses, the revenues and expenditures will be accounted for in the newly revised Fund 120 entitled ''Transportation and Street Maintenance Fund", formally entitled "Street Maintenance Fund", Furthermore, 20% of the City's share must be used for transit such as bus services, bus pullout bays, shelters and any other transit-related infrastructure. The funds can only be Memo to City Commission Page 2 utilized for new programs and capital projects beyond those previously funded in FY 2001/02. It is proposed that the $350,000 be budgeted as follows: a. Enhance transit services beyond levels set in the 2001/02 budget. This would fund the increase in the new bus service bid along with increase in services scheduled during the year - $70,000. b. Partially fund Country Club Drive road resurfacing and street lighting - $280,000. B. Reappropriate Capital Proiects In addition, the following capital projects that were not completed in 2001/02 should be reappropriated in this fiscal year. 1. General Fund - Country Club Drive Improvements - $1 ,400,000. 2. 2000 Construction Loan Fund - Waterways Park Land Acquisition $4,000,000. If you have any questions, please feel free to contact me. EMS/aca Attachment CC01139-02 ORDINANCE NO. 2003"_ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2002.24 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2002/2003 FISCAL YEAR BY REVISING THE 2002/2003 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBITS "A" AND "B" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of the City and upon the recommendations of the City Manager (and the concurrence of the Finance Support Services Director as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 2002/2003 Operating and Capital Budget as set forth in Exhibits "A" and "B" attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The recitals contained in the preamble to this Ordinance are incorporated by reference herein. Section 2. The City Commission hereby authorizes the amendment of Ordinance No. 2002-24, which Ordinance adopted a budget for the 2002/2003 fiscal year, by revising the 2002/2003 budget as set forth on the attached Exhibits "A" and "B", which exhibits are deemed incorporated by reference as though set forth in full herein. Ordinance No. 2003-_ Page 2 Section 3. The "Street Maintenance Fund 120" is hereby replaced by the "Transportation and Street Maintenance Fund 120" as outlined in Exhibit "A". Section 4. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg Mayor Jeffrey M. Perlow The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg Mayor Jeffrey M. Perlow 2 Ordinance No. 2003-_ Page 3 PASSED AND ADOPTED on first reading this 7th day of January, 2003. PASSED AND ADOPTED on second reading this 4th day of February, 2003. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY tms 3 \\ " !:.JCh.b,-r A CITY OF AVENTURA 1'IWtI8fIlORTA1lONlIllltmr .tIi\lN.,etMeE fUND 12ft CATEGORY SUMMARY 2002103 . . ...... ......1..... . This fund was established to account for restricted revenues and expenditures which by State Statute and County Transit System Surtax Ordinance are designated for transportation enhancements, street maintenance and construction costs. Expenditures will either be accounted for in the General Fund by designating specific expenditure accounts in the Community Services Department and the Capital Improvement Program or in this fund by designating specific Capital projects. os_r COOl . CATlI DR" 310000131.... Locally Levied Taxes 3200001328888 Licenses & Pennits 330000133..88 Intergovemmental Rev. 340000I348888 Charges for Services 3&00001368..8 Fines & Forfeitures 380000/368888 Misc. Revenues 3800001388888 Transfer from Funds 388800/3888" Fund Balance REVENUE PROJECTIONS .... .1...1 _. .... MmML A/mlIlL AI! Il~ CI1YlWaf L _1118 __ ~ MCJIIIOUL 0 0 0 0 0 0 488,_ &17,&&4 &32,000 0 0 0 0 0 0 8,778 1&,888 7,&00 0 0 0 133,314 238,"1 180,000 o o 886,000 o o 7,100 o 20,000 .... CCTUIIIIIIQlII MIJ.l<l.:N. o o 886,000 o o 7,100 o 20,000 l'lUUI ClClllUO. 1000/2888 300013888 4000/48.. 1000/&388 .....,,_..,. .......... ~,. Personal Services Contractual Services Other ChargeslSvcs Commodities Other EXPENDITURES 111...1 UtI.t A/mlIlL. ..... __ I..n. liilIlI4llllllD crrt ~...' L ....,. ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ..... UIIIUIUIIlW /l:.u.....NAL o o o o FinlIl1Iudgel2OO2lO3 Page 1 CITY OF AVENTURA 'tfWf8IIiORTA1'tOH tfJ\lD'fW5f OI'df\"UANCE'UND 120 2002103 086' CODE' .....,. REVENUE PROJECTIONS .Im" nnll1 __ __ .,... . Mri'UN. ..41,ti._ Cl1'Y I\WU\rT . ..- 1IllIIirB.. 911_ ....~nl -- CION' - Of lei -..-"'& Interaoverrmenlal Revenues 3351200 State Revenue Sharing $ 118,114 $ 113,147 $ 118,000 $ 118,000 $ 118,000 3383001 Locel Option Cap. Impr. Gas Tax 113,871 118,_ 127,000 130,000 130,000 3353010 Local Option Gas Tax 288,203 284,808 280,000 301,000 301,000 Misc. Revenues 3811000 Non -Revenue 3888000 Final Budgel2OO2I03 "-2 08JICT CQDI 3418 B318 9117 CITY OF AVENTURA ~ORtA1ION MOI'I'fIl&lMMl1'&NANeE fUND 128 ">,\'>''-.,:'':i'':'_) . .... .,.,.,........, .....- ~'t~,~, , OPERATING Conmunllv ServIces " 80-672 Enhanced Transit Services CAPITAL OUTLAY Conmunllv Services " 80-672 Country Club Ollv.lmprovements TRANSFERS Transf8r to General Fund EXPENDITURES . I~.'", ..... ...w .tilmMt .....!flII!. RI\1II" o $ __ IU.... .... UIIO.lID CITUWlr IIlll _ IIIlOIlotAL o o $ 372,000 $ 113,000 $ 729,800 70,000 280,000 $ 873,000 .... OO:w -. 1M ~,,'!...JVAL 70,000 290,000 873,000 Final Budgel2002/03 P_3 RIlIENUI.MOJ&l1.ItoN RATIOtf~11 3351200 State Revenue Proceeds - Revenue received in this category represents a portion of the total State Revenue Sharing Funds. Their source is the motor fuel tax and is restricted to road construction and maintenance. Based on information from the State, it is anticipated that $115,000 will be received in the upcoming fiscal year. 3353001/ Local Option Gas Tax - The County has adopted two phases of the local option 010 gas tax. The first phase is six cents per gallon on fuel and is collected by the State's Department of Revenue and remitted monthly based on a formula which provides a weight of 75% to population and 25% to center line mileage in each city. These funds must be used for transportation related expenditures. The second phase must be used for transportation expenditures needed to meet the requirements of the capital improvements elements of an adopted comprehensive plan. County Transit Svstem Surtax - County voters approved a 1/2 percent sales tax increase for transportation needs that goes into effect January 2003. As provided by County Ordinance the cities receive 20% of the proceeds based upon population. Based on information provided by the County is anticipated EXPENDITURE 3455 Enhanced Transit Services - Funds will be used to fund required 20% of County Transit System Surtax for enhanced public bus transportation system beyond levels set in the 2001/02 budget. 6316 Countrv Club Drive Improvements - Funds will be used to assist in funding the improvements which include resurfacing, curbing, street lighting, landscaping and irrigation. 9101 Transfer To General Fund - After the budget is reviewed, specific expenditure accounts in the Community Services Department and the Capital Improvement Program will be designated as funded from this fund. Although we will account for these expenditures within the General Fund, transfers will be made once per month from the Street Construction and Maintenance Fund to the General Fund to reimburse the General Fund for actual expenditures made from these designated expenditure accounts. Final BucIget 2002103 Poge 4 cf' h,.!..:t- I'"b I' Budget Amendments 2000 Loan Construction Fund 340 ..,. ...' '...-::........:<.':......<,.:.' .:<,..:i:>:"'/',:" ',.....,,'...,.::.'.';.....':'\.,.::::.: .1'$OIu ' ..... ADOIIt.ID , '!III' . "c".".,.,,,:;,;., -- AmENDeD ~ Revenues Non -Revenue 3999000 Carryover SUBTOTAL o 4,000,000 "'OOO.- I :":,,.,.1:';;:;;" Expenditures CommunitY Services 6203 Waterways Park SUBTOTAL ..... JlUMiED fJUDrlET . ~.o:.o:.o $: '. 4,000,000 4,000,000 ""'_.- "$ ~_..- ......... ...........- Total Amendments. $4,__ ::r ....,. GENERAL FUND 001 IlI1iU MoIiUilO ~J JOIIIIQI ill. ~ AMOUNT Revenues Non -Revenue 3999000 Carryover SUBTOTAL 7,500,000 :~,.r'!~ 1 400,000 '~li!!!! Expenditures Community Services 6316 Country Club Drive ImproVl SUBTOTAL ,"11'" ~ 1 ,400,000 $1'-.. $1'-.010 Total Amendments- Final Budgel2OO2I03 Page 1 1I.2IU lIEIlIlFe IIUDGET , 8,900,000 . ...... .: 1,400,000 $ 1......010 CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: FROM: BY: s Manager t1...f::f DATE: December 27,2002 SUBJECT: Bid No. 02-12-23-10, Country Club Drive Roadway Resurfacing and Street Lighting Improvements January 7, 2003 City Commission Meeting Agenda Item " - X Recommendation It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 02-12-23-10, Country Club Drive Roadway Resurfacing and Street Lighting Improvements to the lowest responsible and responsive bidder, Southeastern Engineering Contractors, Inc. for the price of $1,765,153.16. This project is included in the Capital Improvements Program. Backaround In accordance with the City's Purchasing Ordinance, bids for this project were solicited, advertised, and opened on December 23, 2003. The City received three (3) bids for this project. The bids submitted are as follows: Southeastern Engineering Contractors, Inc. APAC-Florida, Inc. MEF Construction, Inc. $1,765,153.16 $1,776,056.33 $2,172,011.98 This bid price provides for the installation of decorative street lighting, roadway resurfacing, placement of irrigation conduit under all existing driveways and medians, and concrete curbing of medians, for East, West and North Country Club Drives. In order to realize a cost savings, the street lights have been previously purchased by the City directly from the vendor at a cost of $455,092. The bids were higher than anticipated by the City Engineer's original estimate due to the following project additions: . Curbing of median areas required by the placement of the street lights in the median. ($277,000) . Addition of Country Club Drive area from Causeway to NE 190th street to include street lighting and curbing. ($78,000) Landscaping and irrigation will be bid separately and is scheduled for award at the February Commission Meeting. This project of the project is scheduled for completion in July 2003. Original Project Budget: Budget Amendment Less Bid Award and Street Lights Amount Remaining $2,300,000 285,000 (2.220.245.16) $364,754.84 RESOLUTION NO. 2003-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 02-12-23-10, COUNTRY CLUB DRIVE ROADWAY RESURFACING AND STREET LIGHTING IMPROVEMENTS, TO SOUTHEASTERN ENGINEERING CONTRACTORS, INC. AT THE BID PRICE OF $1,765,153.16. AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Aventura, Florida, has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids for BID NO. 02-12-23-10, Southeastern Engineering Contractors, Inc.; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and requirements for the project/work as cited above; and WHEREAS, staff has determined that Southeastern Engineering Contractors, Inc., has submitted the lowest responsible and responsive bid for said project/work; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive bidder; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1: That bid/contract for BID NO. 02-12-23-10, Country Club Drive Resolution No. 2003-_ Page 2 Roadway Resurfacing and Street Lighting Improvements, is hereby awarded to Southeastern Engineering Contractors, Inc. in the amount of $1 ,765,153.16. Section 2: The City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the parties embodying the terms, conditions, specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid specifications, bid proposal and bid requirements, or if a City prepared contract was part of said bid proposal, said parties shall execute said prepared contract on behalf of the City. Section 3: That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. Section 4: That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from Community Services Budget Line Item Numbers 001-8050-541-6316. . Section 5: This Resolution shall be effective immediately upon its adoption. 'The foregoing resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg Mayor Jeffrey M. Perlow Resolution No. 2003-_ Page 3 PASSED AND ADOPTED this 7th day of January, 2003. JEFFREY M. PERLOW , MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY I I SECTION 00410 BID FORiVI I THIS BID IS SUBMITTED TO: City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 BID FOR: Country Club Drive Roadway Improvements BID :-';0: 02-12-23.10 . I The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with The City of Aven~Jra in the form included ill the Contract Documents to perform and furnish all Work as specified or Indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in thiS Bid and in accordance with the other terms and conditions of the Contract Documents. (d BIDDER has reViewed and checked all information and data shown or mdicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities, No additional examinations, investigations, explorations, tests, reports or similar information or data in respect COUnlry Club Drive Roadway Improvements City of Avenrura Bid No. 02-12-23-10 CT&A Project No. 01-0103.011 I I I I (a) . I (Ii) . (e) . (d) . I . I . - BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to BIDDER'S, including without limitation those dealing with the disposition of Bid Security This Bid will remain subject to acceptance for 180 days after the day of Bid opening. BIDDER agrees to sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within ten days afterthe date of City's Notice of Award. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged.) Addendum No. / Dated: /% /~7 #2- Addendum No. Z Dated: /;Z./7.D/o2- Addendum :-';0. Dated: Addendum No, Dated: BIDDER has familiarized themselves with the nature and extent of the Contract Documents. Work, site, locality, and all local conditions and Law and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work, BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions. BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, teslS and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance. or fumishmg of the Work at the Contract Pnce, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations. explorations, tests, reports or similar information or data are or will be required by BIDDER for such purposes, 00410 - 1 I' I I ~ of said Underground Facilities are or will be required by BIDDER in order to perfonn and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other tenns and conditions of the Contract Documents. (I) BIDDER has correlated the results of all such observations, examinations, investigations. explorations, tests, reports and studies with the tenns and conditions of the Contract Documents. (g) BIDDER has given Consultant written notice of all conflicts, errors, discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Consultant is acceptable to BIDDER. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over the City. ~ I I tEi~H BIDDER understands and agrees that the Contract Price is lump sum to furnish and install all of the Work complete in place. The Schedule of Values is provided for the purpose of Bid Evaluation and when initiated by the City, the pricing of change orders. Contractor's price will not be adjusted to reflect any deviation from the Schedule Of Values, except to the extft th~e City changes the scope of Project after the Contract Date. .t)/!...(' As such the Contractor shall furnish all labor, materie~uipment, tools superintendence and services I-f/ neces~ to pr~~mPlete in place Projec~:/~ Bid Price :d ~&~... ~d-'?A) ?"AA'./~, t!/A/e 4A/~Il:;~r~? ;-;'Ve ~~Q.,c) cents LUMP SUM (Written Total Bid Price - From Schedule Of Values) 3. . . I I I BIDDER agrees that the work will be complete in full within 180 calendar days from the date stipulated in the Notice to Proceed. I I I . . . Country Club Drive Roadway Improvements City of AvenlUra Bid No. 02-12-23-10 CT&A Project No. 01-0103.011 00410 - 2 ~ I . . . 5. . . . . . . . . . . . . . . .... Communications concerning this Bid shall be addressed to: BIDDER: Address: Southeastern Engineering Contractors, Inc. 12iJj4 N.~~. ~o~n h'lZrH.1U, hlJ.h':d.1I SQld,jn.~_,r~a3(J1B_ Telephone Facsimile Number Attention: ?O~~~?~'Z~ ~~7t?"Z.~ ?---d. 7:>L)",,?/;V&ue~ The tenns used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract documents have the meanings assigned to them in the General Conditions. SUBMITTED THIS DAY ~c. z,~, 20 ,!) 2- . Country Club Drive Roadway Improvements City of Aventura Bid No. 02-12-23-10 CT&A Project No. 01-0103.011 00410 - 3 11-11-01 04:04pm From-CRAVEN lHOMPSON Jtem 101.) 101-2 102-1 105-1 110-1,1 I 10-4 162-3 285-715 300-1.) 327- 70-1 331-2- ) 33) ,2-2 337,7-7 +9541396401 SCHEDULE OF VALVES FOR LUMP SUM CONTRACT GENERAL REQUIREMENTS Description Mobilization Pre.Constructiop/Post -Con<truction Record Maintenance ofT,.ffic Environmental Protection Plan (NPDE5 & SWPPP) Clearing & Grubbing (2.60 Acre) RemovaJ of Existing Concrele Pavement Top Soil 9" Asphaltic Base COll"e (ABC.]) Bituminous Material (Tack Coat) MIlling Existing Asphalt Pavement (I" A,erage Depth) 5Y Type $-111 Asphaltic Concrete TN Type 5.' ASphahlc Concrete TN Asphaltic Concrete Friction Course (FC- 9.5) (110 LEISY) TN 425-1-365 Modify Existing Drainage I'llet (PaI1ial) EA 425-4 Adjusting Jnlets EA 425-5-1 Adjusting MMholes (Utilities) EA Country Club Drive Roadway Jmprovemems City of Aven'ura Bid No. 02,12.23-10 CT&A ProJecl No. 01-0103011 December 17. 2002. 2002 00410 - 4 Unit Quantity LS LS LS LS :bt( LS Sy 1672 CY 4100 SY 4027 GA 4600 11600 4964.1 251.7 165.0 5 10 1-434 P 04/11 F-404 Unit Extended Price Price s~bpp" ,. S..cOt')(')D.'"' S z""eI.... S ;Z"'"p.- SP~'DeI'''$ rr~tUlD,- SPot').' $ "'dB " tI( /tlp ",,_"'!&-I__ t')PP. $ , ~~A1'~' -$ ,l'1~"'",":'~ s I':S,- s %'7~6:- (BY OTHERS) s If't1.- $ 1'j;/I"8'P.- . $ /-711 S 7cf"'~D'- S Z.6>~ s ZJ~_".~ $ ..(z.- sz,..!.6'/!JJ. ~ s ~L..- $ /~eD..4''fI-f) s 62.... s /~ z.~tI.- S/C}II1D'- S 9..(p".- Sj,o,- $ ::;PdI'- $ I'~," s /.P,a.- '1-17-01 04:05pm From-CRAVEN THOMPSON +9547396401 T-434 P OS/22 H04 Unit Extended Item Description Unit Quantity Price Price 425-6 Adjusting Yalv~ Boxes EA J s/'b ,- s ;;IPD .- 425-8 Adjusting Cable TV Boxes EA 2 $ /5.1)" $>'~ ,- 520-1,10 Conc. Curb & Guncr (Type F) LF 24150 s //. ri $ Z.'777t~'" 520-2-4 Cone. Curb (Type D) LF 420 $//...t:O $ ~R",~," 522-2 Conc. Sidewalk (6" Thick) SY 240 $ 27. _0 s ~vh.- #M /7'4'- 526,)-2 Architecrural Pavers SY 85 $~' $ . 575-] -3 Sodding (Argentina Bahia) SY 7300 (BY OTHERS) 577-70 Rework Shoulder SY 7300 $ t. #11 $ ~$P~,,- 580-327. J 0 Relocation of Trees (Palms) EA 48 (BY OTHERS) 580-327-13 Relocation of Trees (Shade) EA 17 (BY OTHERS) 660-2-106 Loop Assembly (Type' F') EA II S/;Ib'- $ /~LOD'" 700-40-1 Sign Single POst AS 2 $ Z3"'P:"" $ ..( 1ft') ,- 700-46-11 Sign Exisling (Remove) (Single POSt) AS 4 $ 7~'- $ z.e,.,- 700.46.21 Sign Existing (Relocate) (Single Post) AS 25 $ //I'J' - 27c-o. - S 700-46.22 Sign Existing (Relocate) (Multi POSt) AS 14 $ /Z-!:'.- $ /7ro,- 700.48-12 Sign Panel (F&I) EA $ -'OD'- S ..("0 ,- 705-7J Tubular Delineators. Flexible EA 49 $ Zc-.- $ /Z2-r;- Relro-Reflective Pavement Marker (F & EA 1100 1) Amber/Amber $ ~.-' $ ~~".- 706.) Retro-Reflective Pavemem Marker (F & EA 950 - 1) Colorless/Red $ ~.- S ft## #1' Retro.R.f1ective Pavement Marker (F & EA 50 - I) Blue/Blue $ (/.- S z.'1'J . /&,p. - .., 7J ]-3 Pavement Messages. TherJnoplasric EA 23 S S :-"$ ,p- ~f)-70 'Zz1'21~~ ,.q6'~A.'i<<.s t;t R4~c.r,QA) /~Pt1Q,-- /~ 'O(}.~ Country Club Drive Roadway Improvements City of AVentur. Bid No. 02.11-23-10 CT&A Project No. 01-0103,011 December 17.2002,2002 00410-5 11-li-01 04:05pm From-CRAVEN THOMPSON +954i396401 T-434 P 06/11 F-404 Unit Extended hem Description Unir Quantity Price Price 7J 1-4 Directional Arrows, Thermoplastic EA 91 ~/). (J>f) (Left/RightlStraigln) $ $ ~r,4htJ,- Din:criollAI Arrows, Thermoplastic lOA 6 $ 70'- f./-t-,.- (Dual) $ 71) -5- I Guide Lilles. Thermoplastic (White) LF 175 $ -;-,,~ $ -' zr'- 711-5-2 Guide Lilles. TIlermoplastic (Yellow) LF 40 $ ~'''IP $ /-z".- ... $ /~/~ t:- 7~ 711-3 I Skip Tr.ffrc Strip.. Thennoplastic. (6") GM 32129 $ ~V4" (White) $ p.~6 - 711.35-81 Solid Trame Stripe, Thermoplasric. (S") LF 1300 $ //7/)' (White) 711,35-121 Solid Traffic Srripe. Thermoplasric. LF 210 $/':; :( $ z"g..-r... (J2") (White) 711-35-ISI Solid Traffic Stripe. ThermoplaStic, LF 400 $ 'Z. .,., $ ;:'''4 ,- (IS") (White) 711.35-241 Solid Traffic Stripe. Thermoplastic. LF 2300 $ Z ..tJl!!} $ ~~i1'e.- (24") (White) 7 I 1-36-1S I Solid Traffic Srripe, Thermoplastic. LF 200 $ 'Z . 2-eJ $ ~~.p.- ( IS")(Yellow) 711-37-61 Solid Traffic Srripe. Thermoplastic. (6'') NM 5,099 $ Zt;:?yJ,- $ /2-'7t,17- ~O (White) 711-3S-61 SoiJd TraFfic Stripe. Thermoplastic. (6") NM 4.2S6 $1'l-',,- $ /~/~:J.e~ (Yellow) 1090-11.700 3" pve Pipe (Seh 40) LF 1700 $ /~,tN1 $ Z1s;e,o.- 1090-1 I-70S 2" rve Pipe (Seh 40) LF 3300 $/~.- $ ~~~4'. J 090.11.707 4" pye Pipe (Sch 40) LF 140 $ /~,.,u $ /?~.- J 090- J 1.70S 6" rve Pipe (Sch 40) LF 1900 $/~,'" $~.- 1090-11-710 10" pye Pipe (Sch 40) LF 1450 $/~'''''' $ Z-o.$n'J ,- Country Club Drive Roadway Improvemenrs Clly of Avenntr. Bid No, 02-12-23.10 CT&A Project No 01-0103,011 December J 7,2002, :!OO2 0041O.6 11-17-01 04:05pm From-CRAVEN THOMPSON +9541398401 T-434 POT/II H04 Unit Extended Item Desrtiption Unit Quantity Pric. Pric. 1649-700 Adjustmg Water Meters fA 4 $ 2i9o'- $ -POp. .,p 16000.J New Service Point Complete In Ploce (F&I) EA 3- S//J..PP.- $ ~t.6", '" J 6000- 2 I 1/2" ryC Schedule 40 Condllit(F&I) LF 12.000' $~.~p $ ~$HD'- I 6000- J 2" PYC Schedule 40 Conduit (F&l) LF 3.430' $ ~, 6~ $ /9zoa-.- 16000-4 2" Pye Sch, 80 Corlduitl)nder Asphalt. Concrete Fill/Saw Currinl1Potching (F&l) LF 2,740' s/R,qtp s~/7",;.- , J 6000-5 Pull Box Complete III Plnee (F&I). fA 53' $ ~" f!).- $ ~/~,.- 16000-6 New Double Slreet Light luminair. And Pole (Jnstall Owner Furnished Pole, with nev.. base $ 91170.- Complete In Ploce) fA 48 S ~'$z.tM).- 16000- 7 #4 Conductors Complete In Place (F&I) S /-"0 Including All Connections LF 64.150' $6~~"." 16000-10 New Double Street Light Luminaire and Pole (Install Owner Furnished. CompJete In Place S ? "'" .- S ~~(.",.- with Ba,mer Arm) fA 55 J 6000-12 FPL Coofdination LS $ ~dJit!),- S ~~,., ,- 16000-13 New IIlumillates Street Siglls. pole and ServlCe - Pedestal. with baseComplete In Place EA 2 S/U ", $ Z-Y":a. PO.... 21000 Consideration for Indemniticatioll lS $ 25.00 $ 25,00 , Addendum No, I. December 17.2002 TOTAL VALUE OF Tl-lTS BID $ BID SUMMARY ~. 72~ /'7..i:-/.6 ;; ~g7,/7~ - /~ ar/ Country Club Drive RoadwEl.y lmprovemellt$ CIlY of Avemur. Bid No, 02'12-23.10 C1&A Project No, 01-0103.01 I December 17.2002.2002 00410 - 7 12-11-02 04:05,m From-CRAVEN THOMPSON +9541395402 10434 P 08/22 H04 ALTERNATE BID ITEMS 520.2-4 Cone. Curb (Type Dj LF 100 $/~'''' $ / ZPIJ>, ~ 706-3 Retro.Reflective Pavemenr Marker (F & EA 100 I) Amber/Amber $ ~J" $ ~~,tM 710-24-61 Solid Traffic Stripe, Thermoplastic, (6'') LF 430 $ [).~ $ 2. ~,...- (Yellow) IS I 0-8 Relocate Valve EXIsting EA $ f,~P.- $ :J S"2J ,- J 6000-2 1 1/2" PVC Schedule 40 Conduit (F&I) LF /00' $~' 'ZO $ J.2-P'~ , 16000.4 2" PYC Sch. 80 Conduit Under Asphail. Concrete Fill/Saw CUlling/Patching (F&J) LF 575 $Ip.~ s/'.L.B"D. - 16000-5 Pull Box Complete In Place (F&l). fA 3 $ ..( C?".tIA $ 17':)",- 16000.7 #4 Conductors Complete /n Place (F&l) I~.t!) "., - Including All Connections Lf 5000 $ $ --.~. 16000,8 Directional Bored conduits under existing '. $ Z9.-.I $ ~Z~.- roadways and sidewalks. (F&J) I.F 1500' t 6000.9 New Single Street Light Luminaire And Pole (Install Owner Furnished Pole, with ncw base ?PD~ $ Complere In Place EA 8 $ 72-PD .t9w 16000.11 New Single Street Light LLll11inaire and Pole (Install Owner Furnished, Complete In Place ~ t:/t:) ..... S with Banner Arm) EA 4 $ 7z..P4l.- 7D;'~ ~ 7~ "78,- . Addendum No.1. December 17,2002 Country Club Drive Roadway Improvements Ci,y of Avenrur. Bid No, 02,12.23.10 CT&A ProjecI No, 01.0103011 December 17. 2002, 2002 00410.8 . . . . . . . . . . . . . . . . . . SIGNATURE PAGE FOR A CORPORATION Southeastern Engineering Contractors, Inc. By: (Corporatioh"' . (State of Incorporation) Ed Dominguez (Name o(Person Authorized to Sign) ~~ (Title) By: (Corporate Seal) Attest: 1','" ""'1 c,'". "'''0'." '1';+"'lG"-"'"" FL3301Q ",,JO"i I'i.ij', ......llj '.,.\,;I.U...., l,;;;',;";...: d........ll;), ~_ Business address: Phone No: :?~~~S"?~-"'<Facsimile No: -y*"> 3.."'"?~ e- Country Club Drive Roadway Improvements City of Aventura Bid No. 02,,12,,23-10 CT&A Project No. 01-O103.011 00410-11 - I I I I . . . CERTIFICATE OF AUTHORITY (IF CORPORATION) STATE OF n:: ) ) SS: COUNTY OF~.0t2- ) Southeastern Engineering Contractors, Inc. ' I HEREBY CERTIFY that a meeting of the Board of Directors of the a corporation existing under the laws of the State of z.- 20 ,p ~he followin'g resolution was duly passed and adopted: , held on ,,41A... , "RE~D, that, as presiden. t of the Corporation, be and is hereby authorized to execute ~e Bid dated, ~ 2::J , 20 P >;"to the City of A ventura and this corporation and that their execUtion thereof, attested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this Corporation." I further certify that said resolution is now in full force and effect. . . . . . . . F, I have hereun~set my hand and affixed the official seal of the corporation this ,20_~ . . . . CERTIFICATE OF AUTHORITY (IF PARTNERSmP) Country Club Drive Roadway Improvements City of Aventura Bid No. 02-06-07-2 CT&A Project No. 01-0103.011 00410 - 13 ..... I' I SECTION 00420 t AWARD PREFERENCE FOR IDENTICAL TIE BIDS I I Whenever two or more Bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a Bid received from a business th!lt certifies that it has implemented a drug-free workplace program shall be given preference in the award process, Established procedures for processing tie Bids will be followed ifnone of the tied vendors have a dr:u~-free workplace program. In order to have a drug-free workplace program, a business shall: I ~ Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. ~ Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. I Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (I). I I In the statement specified in subsection (I), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statemlSlt and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. . Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. I Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. I As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. I VENDOR'S SIGNATURE: I END OF SECTION . Country Club Drive Roadway Improvements City of Aventura Bid No. 02-12-23-10 CT&A Project No. 01-0103.011 . 00420 - I ;~ . . . . . . . . . . . . . . . SECTION 00434 LIST OF PROPOSED SUBCONTRACTORS BIDDER shall list all Proposed Subcontractors to be used on this project if they are awarded the Contract. CLASSIFICA nON OF WORK , PAVING ELECTRICALILIGHTING SIGNING & PAVEMENT MARKING LANDSCAPE MATERIAL TESTING UTILITIES . . . Country Club Drive Roadway Improvements City of Aventura Bid No. 02-12,23-10 CT&A Project No. 01-0103.011 IIIiI NAME AND ADDRESS OF SUBCONTRACTOR ~~t'"~ c::;:-" --; c:- ~~~J ~ T-t.-P This is not an order END OF SECTION 00434 - 1 . .. . SECTION 00450 BIDDER QUALIFICATION STATEMENT The BIDDER's response to this questionnaire will be utilized as part of the City's overall Bid Evaluation and Contractor se lection. . 1. Number of similar Projects completed with a contract price in excess of $15,000.00: ~M~ 7Jt:J ~;r~ &s::.,- a) In the past 5 years On Sche'dule Original >ontract price overrun average % . . b) In the past 10 years On Schedule Original contract price overrun average % . List last three (3) completed Projects with a contract price in excess of$15,000.00. . . Project Name Owner Name Owner Address . Original Contract Completion Time (Days) Original Contract Completion Date Actual Final Contract Completion Date Original Contract Price Actual Final Contract Price . I Project Name Owner Name Owner Address I Original Contract Completion Time (Days) Original Contract Completion Date Actual Final Contract Completion Date Original Contract Price Actual Final Contract Price I I Project Name Owner Name Owner Address I I Original Contract Completion Time (Days) Actual Final Contract Completion Date Original Contract Price I Country Club Drive Roadway Improvements City of AvenlUra Bid No. 02-12-23.10 CT&A Project No. 01-0103.011 00450 - 1 .. . I I j j Actual Final Contract Price 2. Current workload - Projects in excess of $300,000.00 Project Name ~tu~ Owner Name Contract Price - n!!) ~:rr~r . . 3. The following infonnation shall be provided for this project. a) Estimated total construction man-hours ~~ b) Percent man-hours to be perfonned by Contractor's pennanent staff ~~ c) Pennanent man-hours to be perfonned by direct hired employees for this project 1./ ~e; . d) Percent man-hours to be perfonned by Subcontractors ..s::~ . . . II .. 4. The following infonnation shall be attached to the bid. a) Contractor's home office organization chart. b) Contractor's proposed project organizational chart. c) Resumes of proposed key project personnel, including on-site superintendent. 5. List and describe any: IVlJAJe .. a) Bankruptcy petitions filed by or against the BIDDER or any predecessor organizations, b) Any arbitration's or civil or criminal proceedings or c) Suspension of contracts or debarring from bidding by any public agency brought against the BIDDER in the last five (5) years. 6. Governmental References: .. . .. .. List other Governmental Agencies or Quasi-governmental agencies for which you have done business within the past f~ears. Name Of Agency: ~ 70 ",f'\'7;o.r,~_r/;r Address: Telephone No. Contact Person: Type Of Project .. Country Club Drive Roadway Improvements City of Aventura Bid No. 02-12-23-10 CT&A Project No. 01-0103.011 00450 - 2 ..... .. III Name Of Agency: Address: Telephone No. .. Contact Person: Type Of Project: II Name Of Agency: Address: .. Telephone No. Contact Person:' Type Of Project; .. END OF SECTION .. .. II .. .. II II II II .. II Country Club Drive Roadway Improvements III City of Aventura Bid No. 02-12-23-10 CT&A Project No. 01-0103.011 00450 - 3 -'" ) ) SS: County of ~UA/ 7)" ) ~~/~.aeeing first duly sworn, deposes and says that: (1) He/Sherrhey'is;are the a~. (Owner, Partner, Officer, Representative or Agent) of Sout!leastern Engineering Contractors. Inc. ' the BIDDER that has submitted the attached Bid; -- .. . i - .. I .. State of . (2) . (3) . (4) . . . (5) . . . . . SECTION 00454 NON-COLL US ION AFFIDAVIT re. He/She/They is/are fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; Such Bid is genuine and is not a collusive or sham Bid; Neither the said BIDDER nor any ofits officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other BIDDER, firm, or person to submit a collusive or sham Bid in connection with the Work for which the attached Bid has been submitted; orto refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any BIDDER, firm, or person to fix any overhead, profit, or cost elements of the Bid or of any other BIDDER, or to fix any overhead, profi~ ortost elements of the Bid Price or the Bid Price of any other BIDDER, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Work; The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the BIDDER or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. . Country Club Drive Roadway Improvements City of Aventura Bid No. 02-12-23-10 CT&A Project No. 01-0103.011 - 00454 - 1 -- - -- -- -- Signed, sealed and delivered in t 'I By: (Printed Name) (Title) ACKNOWLEDGMENT , State of Florida -r-> County of: ~ ~d@ On this the 2-~ day of P..eC-. 20 0 he undersigned Notary Public of The State of Florida, personally appeared and (Name(s) of individual(s) who appeared before notary) whose n me(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that helshe/they executed it. WI1NESS my hand and official seal. NOT ARY PUBLIC: SEAL OF OFFICE: OFt;i('~~!LI";j;~'/,;. 'SFJ'.L v F;:::.";~:C~; /e, NOTARYH.J3LIC r:~'/,':';- c-:-; rLO~IDA CO?~~;;J:::;~.lC~ ; ; ~/_-). " ..._'.:,\;:'3 MYCO'\f.!ISstOr~~ C:/. \}i,;. 3;.:003 Public: Print, Stamp, or Type as Commissioned.) ~ersona nown to me, or o Personal identification: (Type of Identification Produced) ODm take an oath, or ~D NOT take an oath. OPTIONAL INFORMATION: Type Of Document: Number of Pages: Number of Signatures Notarized: END OF SECTION Country Club Drive Roadway Improvements City of Aventura Bid No. 02-12-23-10 CT&A Project No. 01-0103.011 00454 - 2 . . . SWORN STATEMENT PURSUANT TO SECTION 287. 133(3)(a) FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES . THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. I. This sworn statement is submitted to C.,.y .17/ ~d.Alrd~ II v' 9B~' A"eRY@ li;"\e~h Gardens, FL 330 . 12U:J4 ' .v. . I.' __ _ ____d - and (if applicable) its Federal Employer Identification Number (FEIN) is ~ ~ <: tot '2. C"ti-EO # (IF the entity had no FEIN, include the Social Security Number of the individual signing this sworn statement: , ~ whose business address is . . 2. I understand that a "public entity crime" as defmed in Paragraph 287.133(1)(g), Florida Statutes. means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any Bid or Contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state of the United States and involving antitrust, fraud. theft, bribery. collusion, racketeering, conspiracy, or material misrepresentation. . . . 3. I understand that "convicted" or "conviction" as defined in Para. 287.133(1)(b), Florida Statutes, means a fmding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indicunent or information after July I, 1989, as a result of a jury verdict, non-jury trial, or entry of a plea of guilty or nolo contendere. 4. I understand that an "affiliate" as defined in Para. 287.133(I)(a). Florida Statutes, means: I, A predecessor or successor of a person convicted of a public entity crime; or 2. Any entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers. directors, executors, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prime facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. - Country Club Drive Roadway Improvements City of Aventura Bid No. 02-12-23-10 CT&A Project No. 01,0103.011 00456 - 2 . . .. 5. I understand that a "person" as defined in Para. 287. 133(1)(e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding Contract and which Bids or applies to Bid on Contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "persons" includes those officers, directors, executives, partners, shareholders, employees, members, and agen!s who are active in management of any entity. . . I .- ~ -- 6. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (Indicate which statement applies.) )G . Neither the entity submitting this sworn statement, nor any of it's officers, direct6rs, executives, partners, shareholders, employees, members, or agents who are active in the management o(the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final order.) ~ ~ Country Club Drive Roadway Improvements City of Aventura Bid No. 02-12-23-10 CT&A Project No. 01-0103.011 00456 - 3 I . . I I I I I . I . . . . . . . . - I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY, CHANGE IN THE INFbRMATION CONTAINED IN THIS FORM, By: . ~ / #dfN./e-;J.. Sworn to and subscribed before me this z,;y daYOf~20 ~?- Notary Public - State of: P D f2...t --cia ~'.)l:T.;:', '~';":"',,1;- ~ ~ , '.( I. ':;i-~~i~~\~:;~{2~;'i,o .,j~ ~;:"~)j, MY COM_~:tSSION EAP.'~;;~;/~\}{)3 , or stamped commissioned name of notary public) Or o Produced Identification (Type of Identification Produced) END OF SECTION Country Club Drive Roadway Improvements City of Aventura Bid No. 02-12-23-10 CT&A Project No. 01-0103.011 00456 - 4 I I I SECTION 00432 BID BOND Bond No. 21BCSBZOO38 . STATE OF FLORIDA ) ) COUNTY OF MIAMl,DADE ) I OC. NOW ALL ME;-'/ BY THESE PRESENTS, that we, ~ ~ ~~as Principal, and HARTFORD FIRE INSURANCE COMPANY ,as Surety, are held and firmly bound unto the City of Aventura, a municipal corporation of the State of Florida in the sum of five percent of attached bid Dollars ($ 5% ), lawful money of the United States. for the payment of which sum well and truly to be made, we bind ours<:lves, our heirs, executors, administrators and successors jointly and severally, finnly by these presents. I I THE CONDlTION OF THIS OBLlGA nON IS SUCH Ihal whereas Ihe Principal has submitted the accompanying Bid, dated December 23rd .2002 I for: Country Club Drive Roadway Improvements. Bid Number 02-12-23-10. I WHEREAS, it was a condition precedent 10 the submission of said Bid that a cashier's check or Bid Bond in the amount of five percent (S%) of the Base Bid be submitted with said Bid as a guarantee that the BIDDER would, if awarded the Contract, enter into a written Contract with the City for the performance of said Contract, within len (10) consecutive calendar days afl:erwritten notice having been given ofb. Award ofthe Contract. I I NOW, THEREFORE, the conditions of this obligation are such thaI if the Principal within ten (10) conseculive calendar days after written nOlice of such acceptance, enlers inlo a written Cuntract with the City of Aventura an? furnishes the Performance and Paymenl Bonds, satisfactory 10 Ihe City, each in an amount equal to one hundred percent (100%) oflhe Contract Price, and provides all required Certificates of I nsurance, then this ob~igation shall be void; otherwise the sum herein Slated shall be due anC: payable to the City of Aventura and the Surety herein agrees to pay said sum immediately, upon demand ofthe City,in good and lawful money ot'the United States of America, as Iiquidaled damages for failure thereof orsaid Principal. I I I I IN WITN ESS WHEREOF, the above bonded parties have executed this instrument under their several seals this 17th day of December ,2002 the name and the corporale seal of each corporate party being hereto affixed and these presents being duly signed by its undersigned representative. I I I Counny Club Drive Roadway Improvements City of Aventura Bid No. 02-t2-23-1O CT&A Project No. 01-0103,011 00432 - I I I IN PRESENCE OF: . . . SOUIHEASTERN ENGINEERING CONTRACIDRS, INC. ( CORPORATION) 12054 N.W. 98th Avenue (Business Address) Hialeah Gardens, Florida 33018 (City IState/Zip) . 305-557-4226 305-557-0138 (Business Telephone) (Business Facsimile) I T: Z HARTFORD FIRE INSURANCE COMPANY (Impress Seal) I . Eduardo D 1nguez,Pr "Impress Corporate Seal IMPORTANT Surety companies executing bonds must appear on the Treasury Department's most current list (circular 570 as amended) and be authorized to transact business in the State of Florida. By: . . I . . END OF SECTION , , . . . I . I Country Club Drive Roadway Improvements City of AveolUro Bid No. 02-12-23.10 CT&A Project No, Ot-0103.011 00432 ' 2 riguez,Attorney-in-Fact & Florida Resident Agent HARTFORD FIRE INSURANCE COMPANY Hartford, Connecticut POWER OF ATTORNEY Know all men by these Presents, That HARTFORD FIRE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Connecticut. and having its principal office in the City of Hartford, County of Hartford. State of Connecticut, does hereby make, constitute and appoint ERNESTO FREYRE. FAUSTO ALVAREZ. RAMON RODRIGUEZ. VICTOR M, PANTIN, CARL H, MOLL, CARLOS LACASA. WIWAM E, BECKHAM. MARC D. JACOBSON and MICHAEL 1. KEEBY of MIAMI, FLORIDA its tnJe and lawful Attomey(s)-in-Fact. with full power and authority to each of said Atlomey(s}-in-Fact. in their separate capacity if more than one is named above, to sign, exearte and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons holding places of public or private trust; guaranteeing the performance of contracts other than insurance policies; guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities. and executing or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allowed, and to bind HARTFORD FIRE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of HARTFORD FIRE INSURANCE COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confinns aU that its said Attomey{s}-in-Fact may do in pursuance hereof. This Power of Attomey is granted under and by authority of the By-Laws of HARTFORD FIRE INSURANCE COMPANY, ("the Company") as amended by the Board of Directors at a meeting duly called and held on July 9, 1997. as follows: ARTICLE IV SECTION 7. The President or any Vice President or Assistant Vice-President, acting with any Secretary or Assistant Secretary shall have power and authority to sign and execute and attach the seal of the Company to bonds and undertakings. recongnizances, contracts of indemnity and other writings obligatory in the nature thereof, and such instruments so signed and executed, with or without the common seal, shall be valid and binding upon the Company. SECTION 8. The President or any Vice-President or any Assistant Vice President acting with any Secretary or Assistant Secretary, shall have power and authority to appoint, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more resident Vice Presidents, resident Assistant Secretaries and Attorneys-in-Fact and at any time to remove any such resident Vice-President. resident Assistant Secretary, or Attorney-in-Fact. and revoke the power and authority given to him. Resolved. that the signatures of such Officers and the seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. In Witness Whereof, HARTFORD FIRE INSURANCE COMPANY has caused these presents to be signed by its Assistant Vice-President, and its corporate seal to be hereto affixed, duly attested by its Secretary, this 14th day of May, 1999. f~O O\.~ HARTFORO FIRE INSURANCE COMPANY /q Paul A. Bergenholtz, Assistant Secretary Robert L. Post, Assistant Vice President STATE OF CONNECTICUT} ss. Hartford COUNTY OF HARTFORD On this 14th day of May, A.D. 1999. before me personally came Robert l. Post, to me known, who being by me duly sworn, did depose and say. that he resides in the County of Hartford, State of Connecticut; tha1 he is the Assistant Vice-President of HARTFORD FIRE INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation: that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. (p~ ~(:(~ /-- NOlaryPubHc My Conunission Expires June 30, 2004 I, the undersigned, Secretary of HARTFORD FIRE INSURANCE COMPANY, a Connecticut Corporation. DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthennore, that Article IV, Sections 7 and 8 of the By-Laws of HARTFORD FIRE INSURANCE COMPANY. set forth in the Power of Attorney, are now in force. Signed and sealed at the City of Hartford. Dated the 17 th ~W*gW{~. Richard L. Marshall. Jr.. Assistant Secretary dayo' December 2002 ~.;j~ C J. Dennis Lane. Assistant Vice President .fUEl HAHTFORD Inquiries Ree:ardine: Claims Hartford Fire Insurance Company Hartford Casualty Insurance Company Hartford Accident and Indemnity Company Hartford Underwriters Insurance Company Twin City Insurance Company Hartford Insurance Company of I1Iinois Hartford insurance Company of the Midwest Hartford Insurance Company of the Southeast Please address inquiries regarding Claims for all surety and fidelity products issued by The Hartford's underwriting companies to the following: Phone Number fax - Claims E-mail 888-266-3488 860-757-5835 or 860-547-8265 claims@lstepsurety.com Mailing Address The Hartford The Hartford fidelity & Bonding (BOND) Hartford Plaza 690 Asylum Avenue Hartford, CT 06115 .6~!b!'!!!!!I! Project: Contract Amount: Client: Completion Date: Proj ect: Contract Amount: Client: Completion Date: Project: Contract Amount: Client: Completion Date: Project: Contract Amount: Client: Completion Date: Project: Contract Amount: Client: Completion Date: Project Contract Amount: Client: Completion Date: Project: Contract Amount: Client: Completion Date: Project: Contract Amount: Client: Completion Date: PROJECTS UNDER CONSTRUCTION (Fully Bonded) Metrorail Extension $4,349,000.00 Dade County Public Works Dept. (305)-375-2960 > Dec. 2002 , th East 39 Street $241,331.00 City of Hialeah Streets Division (305)-687-2696 Jan. 2002 Paving & Drainage Annual Contract (Renewed Contract) $643,400.00 Dade County Public Schools (305)-995-2348 Jan. 2003 12" & 8" Water Mains in S.W. 22nd St. $948,284.00 Miami Dade Water & Sewer Dept. (305)-669-7753 Jan. 2002 East 2nd Ave, from 32nd St. to 41'" St. $685,334.00 City of Hialeah Streets Division (305)-687-2696 Feb,2002 th N,E. 164 Street Improvements $688,749.00 City of North Miami Beach, (305)-948-2967 Feb, 2002 East 40th Street $559,640.00 City of Hialeah Streets Division, (305)-687-2696 Feb,2002 Northside Utilities & Drainage $1,735,727.00 Miami Dade Aviation Dept., (305)-876-0754 NTP has not been issues as of 1/7/02. Project: Contract Amount: Client: Completion Date: Projects: Contract Amount: Client: Completion Date: Phase I Culvert Improvemt:nts $180,000.00 Central Broward Water Control District, (954)-432-5110 March 2002 > East 41 st Street Improvements , $311,924.00 . City of Hialeah (305)-687-2696 April 2002 I 6!:!!!l'tC!!!!!!! PROJECTS COMPLETED DURING LAST FIVE YEARS (Fully Bonded) Project: Contract Amount: Client: Completion Date: Project: Contract Amount: Client: Completion Date: Project: Contract Amount: Client: Completion Date: Project: Contract Amount: Client: Completion Date: Project: Contract Amount: Client: Completion Date: Project: Contract Amount: Client: Completion Date: Project: Contract Amount: Client: Completion Date: Project Contract Amount: Client: Completion Date: Paving & Drainage Annual Contract $643,400.00 Dade County Public Schools-Francis Hoar, (305)-995-2348 > Jan. 2002 N.W, 96th & 100th Street Improvements $244,000.00 Miami Shores Village-Fernando Alonso, P,E.- (305)-663-5777 Dec. 2001 Williams Hatfield & Stoner Pump Station # 1 007' $337,300.00 Miami Dade Water & Sewer Dept.-Gary Clarke, (786)-552-8143 Dec, 2001 Kendall Point Storm Sewer $682,613.00 Dade County Public Works Dept.-Rolando Martin, (305)-375-2392 Oct. 2001 Signalized Intersection Improvements $194,00000 City of Coral Gables, Armando Amet - PBS & J,(305)-460-5014 Nov. 2001 Installation or Repair of Force Mains $11,000,000.00, (Blanket Contract) S-718-4 Miami Dade Water & Sewer Dept.-Steve Levy, (786)-552-8139 Oct. 2001 Repair or Installation of Pump Stations $6,300,000.00, (Blanket Contract) S-700A Miami Dade Water & Sewer Dept.-Gary Clarke, (786)-552-8143 Oct. 2001 N,W. I 99th Street Canal Culvert $702,000,00 Dade County DERM- Rolando Martin, (305)-375-2392 Sept. 2001 Project: Contract Amount: Client: Completion Date: Project: Contract Amount: Client: Completion Date: Project: Contract Amount: Client: Completion Date: Project: Contract Amount: Client: Completion Date: Project: Contract Amount: Client: Completion Date: Project: Contract Amount: Client: Completion Date: Project: Contract Amount: Client: Completion Date: Project: Contract Amount: Client: Completion Date: Project: Contract Amount: Client: Completion Date: West 83rd Street Improvements $680,000.00 City of Hialeah Streets Division-Ernie Horsley, (305)-687-2632 June 200 I West 3 ,d Court Improvements $502,00000 , City of Hialeah Streets Division-Ernie Horsley, (305)-687-2632 , June 200 I 12" Forcemain on S,W. 72nd St. 279,00000 Miami Dade Water & Sewer-Steve Levy, (786)-552-8139 April 200 I N.W. 19th Street Reconstruction $513,654.00 City of Lauder hill-Manny Diez (954)-730-2960 Ext. 4225 March 2001 Merrick Civic Roadway Improvements $700,000,00 City of Coral Gables-Armando N. Amet-PBS & J, (305)-592-7275 Feb,2001 N,W. 74th St. Storm Sewer Improvements $1,220,00000 Dade County Public Works Dept.-Rolando Martin, (305)-375-2392 Sept. 2000 West 2nd Court Roadway Improvements $992,000.00 City of Hialeah Streets Division-Ernie Horsley, (305)-687-2632 June 2000 Medley Commerce Center Lift Station and Force Main $441,000,00 Town of Medley-Wally Wernke, (305)-889-1915 April 2000 Ravenswood Parking $4,100,00000 Broward County Aviation Dept.-John Moore- (954)-410-6945 March 2000 Project: Contract Amount: Client: Completion Date: Project: Contract Amount: Client: Completion Date: Project: Contract Amount: Client: Completion Date: Project: Contract Amount: Client: Completion Date: Project: Contract Amount: Client: Completion Date: Project: Contract Amount: Client: Completion Date: Proj ect: Contract Amount: Client: Completion Date: Project: Contract Amount: Client: Completion Date: Proj ect: Contract Amount: Client: Completion Date: N.E, 185"' Street Improvements $1,272,000.00 City of Aventura-Antonio Tomei, (305)-466-8923 Dec, 2000 Booster Pump Station $754,000.00 Town of Medley-Wally Wernke, (305)-889-1915 > Dec, 2000 , Parking & Roadway $410,00000 City of Coral Springs, (954)-344-1177 Dec. 2000 Eastern Shores Phase II Paving & Drainage $596,000.00 City of North Miami Beach-Marty King, (305)-948-2980 January 1999 Sunset Drive Roadway Improvements $900,000.00 City of South Miami-Ramon Castella, (305)-445-2900 December 1998 Storm Sewer Pump Station at N,E, 26th Ave. $351,000.00 Dade County Public Works Dept.-Rolando Martin, (305)-375-2392 January 1997 East 41 st Street Reconstruction $1,920,000.00 City of Hialeah-Ernie Horsley, (305)-687-2632 December 1997 Storm Sewer Pump Station, Drainage & Roadwork $351,000.00 Dade County Public Works Dept-Rolando Martin, (305)-375-2392 December 1997 Johnson St. Reconstruction $592,000.00 City of Hollywood, (954)-921-3254 August 1997 Project Contract Amount: Client: Completion Date: Project: Contract Amount: Client: Completion Date: Project: Contract Amount: Client: Completion Date: Project: Contract Amount: Client: Completion Date: Proj ect: Contract Amount: Client: Completion Date: Project: Contract Amount: Client: Completion Date: Project: Contract Amount: Client: Completion Date: Installation of6500 ft. of36"dia, Water Main $596,000.00 Miami Dade Water & Sewer Dept., (305)-669-5728 March 1997 Local Drainage Contract #4 $807,000.00 Dade County Public Works Dept.-Rolando Martin, (305)-375-2392 \ December 1996 Ponce de Leon Boulevard Roadway Improvements $628,000.00 City ofOpa-Locka, (305)-953-2828 December 1998 W ashington Avenue Roadway Improvements $450,000.00 City of Opa-Locka, (305)-953-2828 December 1996 Business District Roadway Improvements $550,000.00 Town of Surfside, (305)-861-4863 January 1996 Paving & Drainage Annual Contract $2,600,000.00 City of Coral Gables-Alberto Delgado, (305)-460-5014 1993 thru 1995 Miami River Storm Sewer Retrofit $330,000.00 Dade County Public Works Dept.-Rolando Martin, (305)-375-2392 January 1993 ...-'-- JEB BUSH GOVERNOR Florida Department of Transportation 605 Suwannee Street Tallahassee, Florida 32399-0450 October 15, 2002 THOMAS F. BARRY, JR. SECRETARY Southeastern Engineering Contractors, Inc. 12054 N.W. 98th Avenue Hialeah Gardens, FL 33018 "REVISED" RE: CERTIFICATE OF QUALIFICATION Gentlemen: The 0e:partment of 1'ranSpoLtdLion haG qualified your ccmpany for the ai'nounl: and the type of work indicated below. Unless your company is notified otherwise, this rating will expire June 30, 2003. Please take notice that to ensure continuity in your certification at least thirty (30) days must be allowed for the processing of your next application for qualification. In aocordanoe with S.337.14 (1) F.S. you~xt application must be filed within (4) months of the ending date of the applicant's audited annual financial statements and, if applicable, the audited interim financial statements. To remain qualified with the Department, a new application must be submitted subsequent to any significant change in the financial position or the structure of your firm as described in Section l4-22.005(3), Florida Administrative Code. MAXIMUM CAPACITY RATING: $29,600,000.00 WORK CLASS RATINGS: 1. Major Bridges: a. Bridges which include Bascule Spans.,.,.,.,. ,.,.,......'.......,., b. Bridges which include Curved Steel Girders........................ c. Bridges Wl th Multl-Level Roadways................................. d. Bridges of Concrete Segmental Construction.......... ....... .... ... e. Bridges which include Steel Truss Construction......... ...... ..... f. Bridges 'Nhich :nclud0 Sable Stayed C~nstru:ti)~.,............,.... g. Bridges of conventional construction which are over a water opening of 1000 feet or more.. ..... ..................... .......... 2. Intermediate Bridges (Bridges that contain none of the type of construction listed under Major Bridges and span lengths exceeding 50 feet (center to center of cap) ..... .... ......... ......... ........... 3. Minor Bridges (Bridges with span lengths not exceeding 50 feet (center to center or cap) and total length not exceeding 300 feet. A Minor Bridge shall not contain any types of construction listed under Major Bridges or Intermediate Bridges)................ ... ........ 4. Bascule Bridge Rehabilitation....... ............... ......... ...... ..... 5. Grading (Includes clearing and grubbing, excavation, and embankment) ...-X- 6. Drainage (Includes all storm drains, pipe culverts, culverts, etc.)....-X- 7. Flexible Paving (Includes limerock and shell base and other optional --- base courses, soil-cemented based, mixed-in-place bituminous paving, bi tuminous surface treatments, and stabilizing).... . . . . . . . . . . . . . . . . . . .. X 8. Portland Cement Concrete Paving........................................ 9. Hot Plant-Mixed Bituminous Structural and Surface Courses.... .... .......~ www.dot.state.fl.us \!I RECYCLED PAPER y/ Southeastern Engineering Contractors, Inc. October 15, 2002 Page Two SPECIALTY CLASSES OR WORK: None. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. X - . You may apply, in writing, for a Revised Certificate of Qualification at any time prior to the expiration date of this certificate according to Section 14-22.0041(3), Florida Administrative Code. Please be advised if' certification in additional classes of work is desired, documentation is needed to show thAt your company has done such work with your own forces and equipment or that fxperience was gained with another contractor and that you have the necessary equipment for each additional class of work requested. Also, refer to the note at the bottom of Page 16 of the Application (or Qualification when supplying additional information. Sincerely yours, ~,.P'~' 'C ~ Juanita Moore, Manager Contracts Administration Office JM:vas 12/89 (SEE NOTES ON REVERSE SIDE) CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: TO: DATE: SUBJECT: Disbursement of Police Forfeiture Funds January 7, 2003 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 $25,720 for Juvenile Drug Program, tasers and accessories, property locks and video enhancement equipment 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: 1. Juvenile Drug Program $5,000 2. Tasers and Accessories $10,220 3. Property Locks $1,700 4. Video Enhancement Equipment $8,800 If you have any questions, please feel free to contact me. EMS/aca Attachment CC01144-03 CITY OF AVENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM TO: Eric M. Soroka, City Manager FROM: Thomas E. Ribel, Chief of Police DATE: December 2, 2002 SUBJECT: Use of Forfeiture Funds Florida State Statute 932.704 requires that money resulting from forfeitures be maintained in a special law enforcement trust fund, and that the funds be expended only upon request of the Chief of Police to the governing body of the municipality and approval of the governing body. I am requesting City Commission approval for the expenditure of: Total Expenditure Request: $5,000 $10,220 $1,700 $8,800 $25,720 Juvenile Drug Program Tasers and accessories Property lockers for Hold Cell Video Enhancement equipment I certify that this requested expenditure complies with Florida State Statute 932.704 in that: 1. Funds will be used for an appropriate law enforcement purpose. 2. Funds are not being used as a normal source of revenue for the Police Department. 3. Funds were not considered in the adoption and approval of the budget of the Police Department. Summary Juvenile Drug Program (Drug Free Youth In Town> - A youth oriented drug program aimed at keeping young children drug free through their school and adult lives. Tasers and accessories - An additional order of M26 Advanced Tasers, and related accessories, for issue to officers as a less lethal weapon alternative. Hold Cell Prisoner Property Lockers - Temporary secure storage for prisoner property while officers process prisoners prior to being transported to jail. Video Enhancement equipment - State of the art computer hardware and software that will allow for the enhancement of video images from store security cameras. These are used for court room presentation in civil and criminal prosecutions. CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICM City Manager BY: Joanne Carr, AIC Planning Director DATE: October 30,2020 SUBJECT: Amendment to Section 31-143, Section 31-144 and Section 31-145 of the City's Land Development Regulations to delete Community Facility uses as permitted uses and add Community Facility uses as conditional uses in all zoning districts with a residential or business and office land use designation (01-LDR-03) November 12, 2002 Local Planning Agency Agenda Item ~ November 12, 2002 City Commission Meeting Agenda Item 1 January 7,2003 City Commission Meeting Agenda Item c:t RECOMMENDATION It is recommended that the City Commission approve the amendments to Section 31-143, Section 31-144 and Section 31-145 of the City's Land Development Regulations to delete Community Facility uses as permitted uses in the RS1, RS2, RMF3, RMF3A, RMF3B, RMF4, B1, B2, B3, OP, MO, TC1 and TC2 zoning districts and to add Community Facility uses as conditional uses in those zones to provide consistency with the City's Comprehensive Plan. THE REQUEST City staff is requesting amendments to Section 31-143, Section 31-144 and Section 31- 145 of the City's Land Development Regulations to delete Community Facility uses as permitted uses in all zoning districts with a residential or business and office land use designation and to add the Community Facility uses as conditional uses in those zoning districts, in order to provide consistency with Policy 1.3 of the City's Comprehensive Plan. (See Exhibit #1 for Comprehensive Plan, Future Land Use Element Policy 1.3) ANALYSIS Standards for reviewing proposed amendments to the text of the LDR: 1. The proposed amendment is legally required. The proposed amendments improve the administration or execution of the development process in that it provides consistency with the City's Comprehensive Plan. 2. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The proposed amendments are consistent with the goals and objectives of the Comprehensive Plan. 3. The proposed amendment is consistent with the authority and purpose of the LOR. The proposed amendments are consistent with the authority and purpose of the Land Development Regulations. 4. The proposed amendment furthers the orderly development of the City. The proposed amendments further the orderly development of the City. 5. The proposed amendment improves the administration or execution of the development process. The proposed amendments improve the administration or execution of the development process in that it provides consistency with the City's Comprehensive Plan. Description/Background of Proposed Amendments1: 1. Section 31-143, "Residential Zoning Districts" of the City's Land Development Regulations is hereby amended as follows: Sec. 31-143. Residential Zoning Districts... (b) Residential Single-Family Districts (RS1). The following shall apply to all RS1 1 Underlined provisions constitute proposed additions to existing text; slrislt8R tl1re"~h provisions indicate proposed deletions from existing text. Remaining provisions are now in effect and remain unchanged. 2 Districts: (2) Uses Permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses: a. One-family detached dwelling. b. Publicly owned recreational buildings and facilities, playgrounds, playfields and parks. c. .^.II uscs porR'littod in the CF District. €!!;. Uses accessory to any of the above uses when located on the same plot. (2a.) Conditional Uses. The followina uses may be established if first approved as a conditional use: a. All uses permitted in the CF District. (c) Residential Single-Family Districts (RS2). The following shall apply to all RS2 Districts: (2) Uses Permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses: a. One-family detached dwelling. b. /\11 uses porR'littod in the CF District. G Q. Publicly owned recreational buildings and facilities, playgrounds, playfields and parks. €!!;. Uses accessory to any of the above uses when located on the same plot. e.g. Zero lot line dwelling units. (2a.) Conditional Uses. The followina uses may be established iffirst approved as a conditional use: a. All uses permitted in the CF District. (d) Multifamily Medium Density Residential Districts (RMF3). The following shall apply to all RMF3 Districts: (2) Uses Permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses: a. Two-family dwellings. 3 b. Triplexes and quadruplexes. c. Townhouses not to exceed six units in anyone group. d. Low-rise apartments. e. Mid-rise apartments. f. ^" usee; permittee in the CF District. 9 f. Publicly owned recreational buildings and facilities, playgrounds, playfields and parks. fl g. Uses accessory to any of the above uses when located on the same plot. (2a.) Conditional Uses. The followinQ uses may be established if first approved as a conditional use: a. All uses permitted in the CF District. (e) Multifamily Medium Density Residential Districts (RMF3A). The following shall apply to all RMF3A Districts: (2) Uses Permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses: a. Two-family dwellings. b. Triplexes and quadruplexes. c. Townhouses not to exceed six units in anyone group. d. Low-rise apartments. e. Mid-rise apartments. f. /\11 uses permittod in the CF Dislrist. 9 f. Publicly owned recreational buildings and facilities, playgrounds, playfields and parks. fl g. Uses accessory to any of the above uses when located on the same plot. (2a.) Conditional Uses. The followinQ uses may be established if first approved as a conditional use: a. All uses permitted in the CF District. (f) Multifamily High Density Residential Districts (RMF4). The following shall apply to all RMF4 Districts: (2) Uses Permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses: 4 a. All uses permitted in the RMF3 District. b. High rise apartments. G. .^.II uses porR'littod in tho CF District. EI Q. Publicly owned recreational buildings and facilities, playgrounds, playfields and parks. e g. ALF f.~. Uses accessory to any of the above uses when located on the same plot. (2a.) Conditional Uses. The followinq uses mav be established if first approved as a conditional use: a. All uses permitted in the CF District. (g) Multifamily Medium Density Residential Districts (RMF3B). The following shall apply to all RMF3B Districts: (2) Uses Permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses: a. Single family dwellings. b. Zero lot line dwelling units. c. Two family dwellings d. Triplexes and quadruplexes. e. Townhouses. f. Low-rise apartments. g. ^" IJsec permitted in the CF Dictrict. 1:1 g. Publicly owned recreational buildings and facilities, playgrounds, playfields and parks. h h. Uses accessory to any of the above uses when located on the same plot. (3) Conditional Uses. The followinq uses mav be established if first approved as a conditional use: a. Uses that exceed the height limitations, but in no event shall uses exceed seven stories or 90 feet in height. b. All uses permitted in the CF District. 2. Section 31-144, "Business Zoning Districts", of the City's Land Development Regulations is hereby amended as follows: Sec. 31-144. Business Zoning Districts... (b) Neighborhood Business (B 1) District. The following shall apply to all B 1 5 Districts: (1) Uses Permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses provided the requirements set forth elsewhere in this section are satisfied: k. No sign of any type or character shall be exhibited or displayed outside denoting that alcoholic beverages are obtainable within. Uses accessory to any of the above uses when located on the same plot. AIIl,Jses permittee in the CF District. . (2) Conditional Uses. The following uses may be established if first approved as a conditional use: e. All uses permitted in the CF District. (c) Community Business (B2) District. The following shall apply to all B2 Districts: (2) Conditional Uses. The following uses may be established if first approved as a conditional use: k. All uses permitted in the CF District. (d) Heavy Business (B3) District. The following shall apply to all B3 Districts: (2) Conditional Use. The following uses may be established if first approved as a conditional use: f. All uses permitted in the CF District. (e) Office Park (OP) District. The following shall apply to all OP Districts: (1) Uses Permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses provided the requirements set forth elsewhere in this section are satisfied: g. /\11 uses permitted in the CF District. 6 g. Hotels, motels, resorts and time share units, subject to the following: 1. The minimum plot area shall be 1.5 acres 2. Any outdoor recreation areas including swimming pools shall be located at least 25 feet from the plot line of any adjacent residentially zoned property and screened from any such adjacent properties in accordance with the landscape code. 3. The minimum floor area of a rental sleeping room in a motel or hotel, which includes all areas to be individually rented by a customer, shall be 300 square feet. (2) Conditional Use. The following uses may be established if first approved as a conditional use: q. All uses permitted in the CF District. (f) Medical Office (MO) District. The following shall apply to all MO Districts: (1) Uses Permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses provided the requirements set forth elsewhere in this section are satisfied: k. All usos permitted in the CF Distriot. !so Uses generally accessory to the above principal uses... [. ALF (2) Conditional Use. The following uses may be established if first approved as a conditional use: h. All uses permitted in the CF District. 3. Section 31-145, "Business Zoning Districts", of the City's Land Development Regulations is hereby amended as follows: Sec. 31-145. Town Center Districts... (b) Town Center District (TC1). The following shall apply to all TC1 Districts: (1) Uses Permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses provided the requirements set forth elsewhere in this section are satisfied: 8. All uses porA'litles iA the CF Distriot. 7 (2) Accessory Uses. Permitted incidental and accessory uses shall include: b. /'.11 uses permitted 3S accessory uces in the CF, Coml'T-1\,1nity Facilities Dictrist. G.Q. Outdoor dining as an accessory use to a permitted restaurant or retail use. (3) Conditional Uses. The following uses may be established if first approved as a conditional use: I. All uses permitted in the CF District. m. All uses permitted as accessory uses in the CF. Community Facilities District. (b) Town Center Marine District (TC2). The following shall apply to all TC2 Districts: (1) Uses Permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses provided the requirements set forth elsewhere in this section are satisfied: o. .'\11 \,Ises permitted in the CF District. (4) Conditional Uses. 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[~l!!.!o -~c::-Q.. a'" cu m 8l en D: ;~~~-; ~CDlSRga g.~g-!.~'2. ::t:.CDCCD~ 5l~~jpllll ~g~ ~~i iSl.:!.a.~i:i - g.~5"lil2: 302:ijfill;: c::!iiL::J ::J ~ i"'.....oCl.m. 3l:~~~- _ ::r~ fli CD g ORDINANCE NO. 2003-_ AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING PARAGRAPH (b) OF SECTION 31-143 "RS1" DISTRICT, PARAGRAPH (c) OF SECTION 31-143 "RS2" DISTRICT, PARAGRAPH (d) OF SECTION 31-143 "RMF3" DISTRICT, PARAGRAPH (e) OF SECTION 31-143 "RMF3A" DISTRICT, PARAGRAPH (f) OF SECTION 31-143 "RMF4" DISTRICT, PARAGRAPH (g) OF SECTION 31-143 "RMF3B" DISTRICT, PARAGRAPH (b) OF SECTION 31-144 "B1" DISTRICT, PARAGRAPH (e) OF SECTION 31-144 "B2" DISTRICT, PARAGRAPH (d) OF SECTION 31-144 "B3" DISTRICT, PARAGRAPH (e) OF SECTION 31- 144 "OP" DISTRICT, PARAGRAPH (f) OF SECTION 31-144 "MO" DISTRICT, PARAGRAPH (b) OF SECTION 31-145 "TC1" DISTRICT, PARAGRAPH (c) OF SECTION 31-145 "TC2" DISTRICT IN ALL CASES TO DELETE COMMUNITY FACILITY (CF) USES AS PERMITTED USES AND ADD COMMUNITY FACILITY (CF) USES AS CONDITIONAL USES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura is desirous of amending the City's Land Development Regulations to provide consistency with Policy 1.3 of the City's Comprehensive Plan; and WHEREAS, the City Commission has been designated as the local planning agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the Local Planning Agency has reviewed the application pursuant to the required public hearing and has recommended approval to the City Commission; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the action set forth in this Ordinance and has determined that such action is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Section 31-143, "Residential Zoning Districts" of the City's Land Development Regulations is hereby amended as follows.1: Sec. 31-143. Residential Zoning Districts... (b) Residential Single-Family Districts (RS1). The following shall apply to all RS1 Districts: (2) Uses Permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses: a. One-family detached dwelling. b. Publicly owned recreational buildings and facilities, playgrounds, playfields and parks. c. /\11 uses permitted iA tAe CF District. €I f. Uses accessory to any of the above uses when located on the same plot. (2a.) Conditional Uses. The followinq uses mav be established if first aooroved as a conditional use: a. All uses oermitted in the CF District. (c) Residential Single-Family Districts (RS2). The following shall apply to all RS2 Districts: (2) Uses Permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses: a. One-family detached dwelling. b. All ~ses permitted in the CF District. 1 Underlined provisions constitute proposed additions to existing text; ctriGken thrG\Jllh provisions indicate proposed deletions from existing text. Remaining provisions are now in effect and remain unchanged. 6 Q. Publicly owned recreational buildings and facilities, playgrounds, playfields and parks. G f. Uses accessory to any of the above uses when located on the same plot. e.g. Zero lot line dwelling units. (2a.) Conditional Uses. The followina uses mav be established if first approved as a conditional use: a. All uses permitted in the CF District. (d) Multifamily Medium Density Residential Districts (RMF3). The following shall apply to all RMF3 Districts: (2) Uses Permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses: a. Two-family dwellings. b. Triplexes and quadruplexes. c. Townhouses not to exceed six units in anyone group. d. Low-rise apartments. e. Mid-rise apartments. f. .^,II usos I3srmittea in tho C~ District. 9 f. Publicly owned recreational buildings and facilities, playgrounds, playfields and parks. A g. Uses accessory to any of the above uses when located on the same plot. (2a.) Conditional Uses. The followina uses may be established if first approved as a conditional use: a. All uses permitted in the CF District. (e) Multifamily Medium Density Residential Districts (RMF3A). The following shall apply to all RMF3A Districts: (2) Uses Permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses: a. Two-family dwellings. b. Triplexes and quadruplexes. c. Townhouses not to exceed six units in anyone group. d. Low-rise apartments. e. Mid-rise apartments. f. 1'.11 uses porR'littoe in tAe CF DistriGt. 9 f. Publicly owned recreational buildings and facilities, playgrounds, playfields and parks. /:} g. Uses accessory to any of the above uses when located on the same plot. (2a.) Conditional Uses. The followina uses may be established if first approved as a conditional use: a. All uses permitted in the CF District. (f) Multifamily High Density Residential Districts (RMF4). The following shall apply to all RMF4 Districts: (2) Uses Permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses: a. All uses permitted in the RMF3 District. b. High rise apartments. c. A11I,lSBS l30rmitted in tAB CF District. e!;<. Publicly owned recreational buildings and facilities, playgrounds, playfields and parks. e g. ALF h~. Uses accessory to any of the above uses when located on the same plot. 12a.\ Conditional Uses. The followina uses mav be established if first approved as a conditional use: a. All uses permitted in the CF District. (g) Multifamily Medium Density Residential Districts (RMF3B). The following shall apply to all RMF3B Districts: (2) Uses Permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses: a. Single family dwellings. b. Zero lot line dwelling units. c. Two family dwellings d. Triplexes and quadruplexes. e. Townhouses. f. Low-rise apartments. !iI. 1'.11 uses pormittod in tAB CF District. R g. Publicly owned recreational buildings and facilities, playgrounds, playfields and parks. h- h. Uses accessory to any of the above uses when located on the same plot. 13\ Conditional Uses. The followina uses may be established if first approved as a conditional use: a. Uses that exceed the height limitations, but in no event shall uses exceed seven stories or 90 feet in height. b. All uses permitted in the CF District. Section 2. Section 31-144 "Business Zoning Districts" of the City's Land Development Regulations is hereby amended as follows: Sec. 31-144. Business Zoning Districts... (b) Neighborhood Business (B 1) District. The following shall apply to all B 1 Districts: (1) Uses Permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses provided the requirements set forth elsewhere in this section are satisfied: k. No sign of any type or character shall be exhibited or displayed outside denoting that alcoholic beverages are obtainable within. Uses accessory to any of the above uses when located on the same plot. All uses permitted in the CF District. (2) Conditional Uses. The following uses may be established if first approved as a conditional use: e. All uses permitted in the CF District. (c) Community Business (B2) District. The following shall apply to all B2 Districts: (2) Conditional Uses. The following uses may be established if first approved as a conditional use: k. All uses permitted in the CF District. (d) Heavy Business (B3) District. The following shall apply to all B3 Districts: (2) Conditional Use. The following uses may be established if first approved as a conditional use: f. All uses permitted in the CF District. (e) Office Park (OP) District. The following shall apply to all OP Districts: (1) Uses Permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses provided the requirements set forth elsewhere in this section are satisfied: !iI. :\11 uses I3BrR'litted in tAB CF District. g. Hotels, motels, resorts and time share units, subject to the following: 1. The minimum plot area shall be 1.5 acres 2. Any outdoor recreation areas including swimming pools shall be located at least 25 feet from the plot line of any adjacent residentially zoned property and screened from any such adjacent properties in accordance with the landscape code. 3. The minimum floor area of a rental sleeping room in a motel or hotel, which includes all areas to be individually rented by a customer, shall be 300 square feet. (2) Conditional Use. The following uses may be established if first approved as a conditional use: a. All uses permitted in the CF District. (f) Medical Office (MO) District. The following shall apply to all MO Districts: (1) Uses Permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses provided the requirements set forth elsewhere in this section are satisfied: k. 1\lIl,lsos l3ermittee in tho CF District. !s. Uses generally accessory to the above principal uses... !. ALF (2) Conditional Use. The following uses may be established if first approved as a conditional use: h. All uses permitted in the CF District. Section 3. Section 31-145 "Business Zoning Districts" of the City's Land Development Regulations is hereby amended as follows: Sec. 31-145. Town Center Districts... (b) Town Center District (TC1). The following shall apply to all TC1Districts: (1) Uses Permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses provided the requirements set forth elsewhere in this section are satisfied: b. 1\11 uses l3erR'litted in tAe CF District. (2) Accessory Uses. Permitted incidental and accessory uses shall include: 13. 1\11 usos l3erR'litted as accessory I,lses in the CF, Community FaGilities District. s.h. Outdoor dining as an accessory use to a permitted restaurant or retail use. (3) Conditional Uses. The following uses may be established if first approved as a conditional use: I. All uses permitted in the CF District. m. All uses permitted as accessory uses in the CF. Community Facilities District. (b) Town Center Marine District (TC2). The following shall apply to all TC2 Districts: (1) Uses Permitted. No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses provided the requirements set forth elsewhere in this section are satisfied: o. 1\11 usos perR'litted in tho CF District. (4) Conditional Uses. The following uses may be established if first approved as a conditional use: o. All uses Dermitted in the CF District. Section 4. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 5. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 6. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg Mayor Jeffrey M. Perlow The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg Mayor Jeffrey M. Perlow PASSED on first reading this 12th day of November, 2002. PASSED AND ADOPTED on second reading this 7th day of January, 2003. ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY JEFFREY M. PERLOW, MAYOR MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared a.v. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review tlkle Miami Review, a daily (except Saturday, Sunday and t#}gal Holidays) newspaper. pLJhlishfld at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA - PUBLIC HEARING - JAN. 7, 2003 APPLICATION NUMBER: 02-VAR-03 in the XXXX Court, was published in said newspaper in the issues of 12/1e/2002 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami.Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami.Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami.Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securi~~.~ertise e publication in the said newspap~ (SEAL) O.V. FERBEYRE P MARIA I. MESA .' ,.'"'! :"',' Om and TIme . 01 Public Hoofing: Tue~.JilAuary7,2OO;l 6;llO.p,m. ApplicantName, Th!I applicant is. Seplion~l- 75(b)(.4) 01 OJlI,I18(lt 13elllJl8lionS sires offices at sites wi mIQ'~ Il8nnanent . iii i8.ve.' . . AppUcatlonNumber: P2.VAR-03 $1!~~ Ings II, Inc. dings III, Inc. ing a variance from City's Land Deve!- ohibithlgtempofll,ry out an approved site: , \Y!!ichit is in~nded ;Appllcant'a RoqUlll: , '-" . -. \. ~J - The'#nelolil"I~St. ',', ,.... :_' . .'1 .' A portlooof lhi SWl(o: FraCllonoJ Section 3. Township 52 South, 42 East, Miami- Oa!ie C<lUnty. F1o~ Size of Subject Properly: Approximately 9:08. acr Plans are on file and may be examined during. reg Iart>usfness hours in ! the City of Aventura Gove",ment Center, 19'2 West C<lUnlry Club' Drive, Aventura. Aorida 33180. Planl may be 'fied It 0' bef0f8 the Public Hearing. The appncation may change during ~ng process. The Publie Heailng with_hetd at City 01 Aventur ~ment Ce,11er, ; '19200 West Coulltry Club Drive, Avenlura. 33_ Your com- . ments may be made In ......... at the hearillf/Ot In wifill9prior to the . hearing date. ReIer to appI~ on and mall . same to City of Av_ _ment Center, nity Development Departmen~ 19200 west Country Club Drive, J\ "Florida 33180. For further InfllA'llllliol1\pIease oaIl (305) In accordance with die Am!Iric8n8 with . sonl who ara disabled and who need lpecIaI pate In !his prweedl"llll8awse 01 thet dIsaIlIllty of the City CIetl<. (305)~1, notlaler1llan .such proceedingl. If a polllOn decides /Q.'lIPP8AI any decision lion with respect to i!nY.~ considered ala porson will need a recowbl the proceedin!l" and, need to ensure thet a verbatim record of the record Includes the testimony and evidence upon . be basild. '12118 Ac:t of 1990, all per- . 10 partiel. contalilJhe Office deva priorto by the CIty Commil. or hearing, thet r such purpose, may' III made, which . the appeal is to. CMC,CltyCI8I1< 02:~73M'. .' ~ht :.8tiami Htrat~ ImBII Published Dailv MIAMI, FLORIDA STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared: FRANK TOMASINO Who on oath that he is ADVERTISING OFFICE MANAGER Of the Miami Herald Publishing Company. a daily newspaper at Miami in Dade county, Florida; that the advertisement for City Of Aventura was published in said newspaper in the issue of : Miami Herald. local section Thursday. November 21 st. 2002. Affiant further says that the said Miami Herald is a newspaper published at Miami, in the said Dade County. Florida. and that the said newspaper has heretofore been continuously published in said Dade. County, Florida. each day and has been entered as second class mail matter at the post office in Miami, in said Dade County. Florida. for a period of one year next preceding the first publication of the attached copy of advertisement. FRANK TOMASINO Sworn to and subscribed before me ThiS;;< I day of \.11 ~A..- A.D. 2001 ~~~11 Lisa Ann Hernandez /' \"U'" L' An H d "'~ lsa n ernan ez t~~ \<PnmIRIrlOllfl.DD000617 ;~\ ~: Expfrea Fob. 11,200S -.9<1' ~l _ Thrn .....I'j..,~I{~ Atla.nUc Boadfns Co.. Ine. 900 West 49th Street, Suite 500. Hialeah, Florida 33012 )KNIGHTRIDDER) CITY OF A VENTURA. NOTICE OF AMENDMENT OFCITy'iS, LAND DEVELOPMENT REGULATIONS ,. . i ~. :~r ::-,,!;'~~"l:!,:;\'i