03-11-2003
City rnrnrnu-lna
Jeffrey M. Perlow, Mayor
Arthur Berger
Jay R. Beskin
Ken Cohen
Manny Grossman
Harry Holzberg
Patricia Rogers-Libert
A~e City of
r-l..Ventura
o
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City ltfllru"..r
Eric M. Soroka
City Clerk
Teresa M. Soroka, CMC
Citv Attom~
Weiss Serota Helfman
Pastoriza & Guedes
AGENDA
MARCH 11, 2003- 6 PM following LPAmeeting
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ZONING HEARINGS: SPECIALLY SET BY COMMISSION FOR 6 P.M.
QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the Corrunission's agenda are
quasi-judicial in nature. If you wish to object or comment upon any of these items, please inform the Mayor when he requests
public corrnnents. 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~xamination. If you refuse either to be
cross~xamined or to be sworn, your testimony will be given its due weight. The general public will not be permitted to
cross~xamine 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 RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, APPROVING A SIGN VARIANCE
FOR HSBC BANK USA LOCATED AT 2954 AVENTURA
BOULEVARD, TO PERMIT A SECOND WALL SIGN, SIZE NOT
TO EXCEED 29.25 SQUARE FEET ON THE SOUTH
ELEVATION, WHERE ONE WALL SIGN IS ALLOWED BY
CODE; PROVIDING AN EFFECTIVE DATE.
4. AGENDA: Request for Deletions/Emergency 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 from the Consent Agenda and considered separately.
Man:It II, 2003 c-m..... Meeting
A. APPROVAL OF MINUTES:
February 4, 2003 Special Meeting
February 4, 2003 Commission Meeting
February 20,2003 Workshop Meeting
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED TRAFFIC
CONTROL JURISDICTION AGREEMENT BETWEEN
WILLIAMS ISLAND ASSOCIATES, LTD. AND THE CITY OF
A VENTURA; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
(Authorizes City Manager to execute agreement providing traffic
enforcement for Williams Island Associates, Ltd.)
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED TRAFFIC
CONTROL JURISDICTION AGREEMENT BETWEEN
TERRACES NORTH AT TURNBERRY AND THE CITY OF
A VENTURA; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
(Authorizes City Manager to execute agreement providing traffic
enforcement for Terraces North at Tumberry)
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION NO. 01-0103-029 FOR PROFESSIONAL
ENGINEERING SERVICES TO PERFORM A TRAFFIC STUDY
TO DETERMINE THE FEASIBILITY OF MODIFIYING THE
INTERSECTION OF BISCAYNE BOULEVARD AND N.E. 187TH
STREET BY PROVIDING A RIGHT TURN ONLY ON NE 187TH
STREET BY AND BETWEEN THE CITY OF A VENTURA AND
CRAVEN THOMPSON & ASSOCIATES FOR THE AMOUNT OF
$40,800; AND PROVIDING FOR AN EFFECTIVE DATE.
E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED HIGHWAY
LANDSCAPE GRANT AGREEMENT AND LANDSCAPE
CONSTRUCTION AND MAINTENANCE MEMORANDUM OF
2
MIId111. 2003 Cnmmi..... M<eting
AGREEMENT OUTLINING CITY AND FDOT
RESPONSIBILITIES APPLICABLE TO CONSTRUCTION,
MAINTENANCE AND PROJECT CLOSEOUT FOR THE
WILLIAM LEHMAN CAUSEWAY LANDSCAPE
IMPROVEMENTS PROJECT BETWEEN THE CITY OF
AVENTURA AND THE FLORIDA DEPARTMENT OF
TRANSPORTATION; AUTHORIZING THE CITY MANAGER
TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
(Authorizes City Manager to execute Agreement for grant funds in the
amount of $172,129.68 for landscape improvements to Lehman
Causeway from Country Club Drive to the east)
F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED MEMORANDUM
OF AGREEMENT FOR LANDSCAPE MAINTENANCE ON THE
WILLIAM LEHMAN CAUSEWAY FROM WEST COUNTRY
CLUB DRIVE TO EAST COUNTRY CLUB DRIVE BETWEEN
THE CITY OF A VENTURA AND THE FLORIDA
DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE
CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT
ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING FOR AN EFFECTIVE DATE.
(Authorizes the City Manager to execute agreement with Florida
Department of Transportation for landscape maintenance from FDOT
right-of-way on Lehman Causeway from West Country Club Drive to
East Country Club Drive)
G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA PROVIDING FOR ACCEPTANCE
OF A NON-EXCLUSIVE EASEMENT FOR BIKE PATH
RELOCATION ON THE SOUTH LIMIT OF CC-AVENTURA
INC. PROPERTY; AUTHORIZING THE CITY MANAGER TO
RECORD ALL INSTRUMENTS CONCERNING THE
DEDICATION OF EASEMENT; AUTHORIZING ACCEPTANCE
OF THE DEDICATION; PROVIDING FOR AN EFFECTIVE
DATE.
(Authorizes and accepts the dedication of a revised bike path easement
along the south limit of the Classic Residence by Hyatt)
H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA ADOPTING THE CITY OF
AVENTURA 2003 LEGISLATIVE PROGRAM AND PRIORITIES
ATTACHED HERETO; AUTHORIZING THE CITY MANAGER
3
Marcb II, 2003 CmmMoim Mooting
TO TAKE NECESSARY ACTION TO CARRY OUT THE AIMS
OF THIS RESOLUTION; AND PROVIDING FOR AN
EFFECTIVE DATE.
I. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA CONCERNING THE CITY
ELECTION OF MARCH 4, 2003, DECLARING QUALIFIED
UNOPPOSED CANDIDATE ELECTED TO OFFICE OF
COMMISSION SEAT 1 WITHOUT NECESSITY FOR FURTHER
CONDUCT OF ELECTION PROCESS; ACCEPTING AND
ADOPTING THE MARCH 4, 2003 ELECTION RESULTS FOR
COMMISSION SEATS 3 AND 5, AS CERTIFIED BY THE
CANVASSING BOARD AND ATTACHED HERETO;
PROVIDING AN EFFECTIVE DATE.
(Ratifies March 4, 2003 election results as certified by Canvassing
Board)
7. ORDINANCES: FIRST READING/PUBLIC INPUT: None.
A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING THE CITY CODE BY AMENDING CHAPTER 2
"ADMINISTRATION", AT DIVISION 3 "ECONOMIC
DEVELOPMENT ADVISORY BOARD", BY AMENDING
SECTION 2-151 "CREATION, COMPOSITION AND
QUALIFICATIONS", AND AMENDING SECTION 2-154
"RULES OF PROCEDURE"; PROVIDING FOR AMENDMENT
TO SIZE AND QUORUM REQUIREMENTS FOR THE
ENCONOMIC DEVELOPMENT ADVISORY BOARD;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE.
B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
AMENDING SECTION 31-191(g)(2) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS REGARDING WALL SIGNS
ON OFFICE AND HOTEL BUILDINGS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
8. PUBLIC HEARING: ORDINANCES - SECOND READING: None.
9. RESOLUTIONS: None.
10. OTHER BUSINESS: None.
11. PUBLIC COMMENTS
4
Man:h 11, 2003 Cmomi.....ldeeliDg
12. REPORTS
13. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGSIEVENTS
COMMISSION WORKSHOP
MARCH 27 , 2003
10 A.M.
COMMISSION MEETING
APRIL I, 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 A ventura 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:
BY:
City commiSSioncf
Eric M. Soroka, IC M
City Manager
Joanne Carr, AIC~
Planning Director
FROM:
DATE:
February 24, 2003
SUBJECT:
Request of HSBC Bank for Sign Variance
2954 Aventura Boulevard (03-SV-02)
March 11, 2003 City Commission Meeting Agenda Item J
RECOMMENDATION
It is recommended that the City Commission approve the request for a second
wall sign measuring 29.25 square feet to be located on the south elevation of the
existing HSBC bank building at 2954 Aventura Boulevard.
THE REQUEST
The applicant, Susan F. Delegal for HSBC Bank USA, is requesting variance
from Section 31-191(g)(2)(b) of the City Code to permit a second wall sign to be
located on the south elevation of the existing HSBC Bank building, where only
one wall sign is permitted by Code. (See Exhibit #1 for Letter of Intent)
BACKGROUND
OWNER OF PROPERTY
Regency Centers, LP
LOCATION OF PROPERTY
2954 Aventura Boulevard (see Exhibit
#2 for Location Map and Exhibit #3 for
Aerial Photograph)
LEGAL DESCRIPTION
Part of Tract G, Aventura Second
Addition, as recorded in Plat Book 99,
Page 21 Public Records of Miami-Dade
County
ZONING
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
B2, Community Business District
B2, Community Business District; and
RMF4, Multi Family High Density
Residential District
B2, Community Business District
B2, Community Business District
B2, Community Business District; and
CF, Community Facilities District
EXISTING LAND USE
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Office Building
Retail Plaza and High Rise
Condominium
Aventura Mall
Office Building
Aventura Mall and Fire Rescue Station
FUTURE LAND USE - According to the City of Aventura Comprehensive Plan,
the following properties are currently designated as follows:
Subject property: Business and Office
Property to the North: Business and Office; and Medium-High
Density Residential
Business and Office
Business and Office
Business and Office
Property to the South:
Property to the East:
Property to the West:
The Site - The subject site is part of the Aventura Plaza and is located to the
south of the retail plaza on the private road running south from Aventura
Boulevard through the Aventura Mall property.
The Project - HSBC Bank is located in the three story office building to the
south of the Aventura Plaza on Aventura Boulevard at NE 29 Avenue. The
building currently has one wall sign measuring 59.25 square feet on the north
elevation of the building, facing Aventura Boulevard and one awning sign on the
east elevation facing the rear of the property. (See Exhibits #4 for existing
signs). Both of these signs comply with Section 31-191 of the City Code. The
request is to erect a second wall sign on the south elevation of the building,
facing the private road through the Aventura Mall, where only one wall sign is
permitted by Code. This sign is proposed to be less than 50% of the size of the
primary sign, or, 29.25 square feet. (See Exhibit #5 for proposed sign) The sign
2
is requested to provide direction for traffic approaching the building from the
south as both the existing north and east signs are not visible from this approach.
Citizen Comments - The Community Development Department has not
received any written or verbal citizen comments.
ANALYSIS
Community Development Department Analysis - One wall sign with reverse
or channel letters measuring 60 square feet is allowed by Section 31-191 (g)(2)(b)
of the City Code. There is an existing channel letter wall sign on the north
elevation of the building measuring 59.25 square feet and one awning sign on
the east elevation measuring 3.31 square feet with 9 inch letters. These two
signs comply with Section 31-191 of the Code. The applicant submits that the
second sign on the south elevation serves an important directional purpose for its
patrons traveling north on the private road through the Aventura Mall and will
allow patrons to identify the building and properly access the driveway to the
south of the building. The requested sign will face a private road and will not be
visible from any public right-of-way.
Criteria
The criteria for approval of Sign Variances set out in Section 31-1910)(8) of the
City of Aventura Land Development Regulations is as follows:
The Sign Variance maintains the basic intent and purpose of these
regulations; particularly as it affects the stability and appearance of the
City and provided that the variance will be otherwise compatible with the
surrounding land uses and would not be detrimental to the community. No
showing of unnecessary hardship to the land is required.
This request does preserve or enhance the unique character of the City and is
not in conflict with the basic intent and purpose of the ordinance. The sign is
compatible with the surrounding land uses, will properly index the environment
and will improve vehicular safety. The building is located approximately 800 feet
south of Aventura Boulevard and approximately 550 feet west of West Country
Club Drive on a private road servicing the Aventura Mall. The requested sign will
not be visible from the two public rights-of-way, but rather, will be visible only
from the interior approach on the private road. It will allow identification of the
building by its patrons and allow proper access on the southerly driveway into the
parking area located to the east of the building.
3
CITY OF AVENTURA
PUBLIC HEARING APPLICATION FOR SIGN VARIANCE
LETTER OF INTENT
Please describe in detail whether and to what extent the requested sign
variance serves a public benefit which would warrant that granting of
the request and specific justification for approval of the application,
nature of the requests and any other pertinent information. Insufficient
justification may result in the denial of your Application.
The Applicant, HSBC Bank USA, requests a variance from the provisions
of Section 31-191(g)(2)(b) of the City's Code which permits wall signs on office
buildings of one (1) to seven (7) stories. There is currently one (1) existing wall
sign on the north face of the building comprising 59.25 square feet. There is also
an awning sign located on the east elevation of the building. Pursuant to the
above-referenced section, one (1) wall sign per building is permitted meeting the
restrictions set forth in that section. The present request is to locate an
additional wall sign on the south elevation of the building. We are requesting
that this sign be limited fifty percent (50%) of the square footage of the primary
sign, meeting the requirements of Section 31-191(g)(2)(b) as if it were a corner or
through-store location. Therefore, the square footage of the second wall sign will
not exceed 29.50 square feet.
The front of the building faces to the east and has a small sign on the
awning located at the entrance to the building. The front entrance faces a
parking lot serving the bank building. The existing sign, as previously indicated,
EXHIBIT #1
03-SV-02
is located on the north elevation and faces into more parking area associated with
the Publix Shopping Center of which the HSBC Bank is a part. The south
elevation of the building faces a roadway, which is heavily used, and serves the
Aventura Mall to the south of the Publix Shopping Center. There is no
identifying signage whatsoever visible from the roadway between the bank
building and the Aventura Mall. All that can be seen from the road are the
south and east faces of the building with no signage whatsoever. One has to
proceed to the north of the bank to determine the identification of the building.
The public benefit served by granting the requested variance is that the
traveling public will know the identification of the building. If one is attempting
to find the location of the HSBC Bank building by approaching from the road to
the south of the building, there will be a small sign to identify the building. The
approval of the variance is in keeping with the intent of the City's Code in
allowing a sign of fifty percent (50%) of the size of a primary sign for corner and
through locations.
FTLI #567171 vi
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APPLICANT REPRESENTATIVE AFFIDAVIT
RECEIVED
Pursuant to Section 31-71 (b)(2l,(i) of the City of Aventura I..arKl Deve~ent Code, this Applicant Repr~tativ~N'~Y.i1 ~n
hereby made and submilled. The undersIgned authonzed representative of the individual or entity applying for the DevefoPnie/it \'ier\ff~EN1
which is identified in the accompanying applicafion, and the owner of the property subject to the application (n different) hereby lists and
identifies aU persons represenfing the individual or entity applying for the Development Permtt in connection with the application, as follows:
Name
Relationship 6... AIIomeys. A1t:hitec1s, Landscape
AtthHects. Engineets, LoIJbyists, Etc.}
SUsan F. Deleq-al
Attomey
Diana Kravitz. Art sian Corrpany
Si<;mage Consultant
(Attach Additional Sheets If Necessary)
NOTICE: ANY STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLICANT
REPRESENTATIVE AFFIDAVIT SHAll BE BINDING UPON THE INDIVIDUAL OR ENTITY APPLYING FOR THE
DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFlANTS ARE
ADVISED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT TO SEC. 31.71(BK2KIV) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS IN THE CITY CODE, IN THE EVENT THAT PRIOR TO CONSIDERATION OF THE
APPLICATION BY THE CITY BOARD OR COMMISSION, THE INFORMATION PROVIDED IN THE AFFIDAVIT
BECOMES INCORRECT OR INCOMPLETE.
WITNESS MY HAND THIS ..2&:...It>AY OF j ~
AUTHORIZED REPRESENTATIVE OF APPLICANT:
By: '?'71 o-...L ~
.A (Signature)
Name: pwL A-. t1..C{CI.>
(Print)
Title: e-JC~(..o;hve (/ic..z.. (reS'dlZ"lt'"
Address: ~ -IKBc. <-.e...,-fe..-
f>v fto-(1. f'l r (</2..0 3
,2001.
~~
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Trtle:. ~ ~(\a~
Addr~: <:iSSL..bjw (<a, S1YU,.-{....
-. . ~ui I fL ';)3<'1l5
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
Before me the undersigned authority personally appeared \\.\~ ~~ as the authorized representative of the
Applicant and/or the owner of the property subject to the application, who being first by me duly swom, did swear or affirm that he/she
executed this Affidavit for the purposes stated therein and that tt is true and correct.
VALERIE A. MINICH
No. 01 MI5028299
~Public.SIa," '" _Vork
Qu8III\odlnErioCounlY
My (;ommIsslon Expires May 31. 2006
Notary Public State of
Printed Name of Notary
My commission expires:
SWORN TO AND SUBSCRIBED BEFORE ME this at~ of .:ri rd.
~Cb-~I-~~ 11~Ub
.
P.02
BUSINESS .RELATIONSHIP AFFIDAVIT"
This AIficINI ill made puI5uant 10 Secllon 31.71tb112l1ll oIlIIe Ciy... A'I'IlIlhq land Oevetopm.nt Code. The undersigned Alliin! hereby
eliscIosos IheI: (mark willi 'X' ~lc:Ible JlOIlionc OlltyJ
IlG I. AIfianl does ll9! have ll1u1nes5 Alllh ~ IIIilh any IIMlIIIIlef or lie Cily CommiIsion or Illy Cily AdvIsoIy
Bow ID which the iIPPIlcalQl wll/ be ~ileIl.
[ J 2. Afftanc heieby cIsclo5..lhal ~ dou ..~ a Itu&Nss Re8tiooahip WilIl a rnernller 0/ lhe City Commission 01 a
City Adviaoly ao.w to llt1ieh lie 8IlPication lltllle pr8Sllllld, as 1olIows:
(list name 0/ Commissioner 01 AdvisoIy bill MemlleI) "110 llWIea on the
(List Cily CornmIlSicn or CiIy AdvWy Board upon whicIl member
ferVet).
The nalln of II. 8us~ ~ Is.. follows:
IIi
MtnIIlIr of Cily Coaunlsaion or 8o&nI1IoIds III 0lIIleIIIlip inltrulrn __ oil'" 0I1DIaI1A8IS or
capiIal Rldcof ~ or RiIpI_~
NtInller 01 Oiy ~IIII' IIoIId ;. a pamer, ~ (IS lllllllth of a c:otporalion
1rlI1icII1lI1lDl1iIIed 011" aalIanaI or fegionBlllodt IIIl:IlangeI or jaill--., MIiIh the Appbm or
"""'-1Idwl1n MY IlIIIiIIe&s VInlIQ;
The ApplicaN or ~"'live II a CIenI 01 a ~ Ollie (;iCy Commission or lloatd or a Client
oIlnolhtr JlI1lIoabo8l -Idno /ram lht - oIIJce III' lor lilt _ BIIlp/oyer IS Iht member 0/ !he
City CommIssion 0( Bow;
A CIly ComrrIsaiontr or IloaRl member Is a CIierlt ollie AppIbJnt or Rapr~ffve:
IIi.
(J~i
(Ji't.
(I v. Tht AilPbnl or Rtp.--.. it a Custom<< 0/ fie IlIIrnber ollie Cily Cornrnluion or lloanl (or 01
his or her ~ and Irantacei tnonllhan ~O.ooo.oo 01 the bus.l1_ 0I1le member ollila Cily
ComInission flllIoaId (or Ns or het tmpIoyerJ in I given c:alendar year,
II";. The RlIInbet of lilt CiIy Commission or Iloatd iu CI.nlmerollle ~ or 1lept_.l4tive and
frlllllllCls "-' I1In $25.000.00 of 0" bUSiness 0/ !he AjlpIIcant or fl~tive III a given
eaIendIr year.
WITNEss MY HAND THIS ~ DAY OF ~ @r""":l . alQ!
AP~:
By. 'Yrlo..L ~
Harne: ~ A. M<>lu
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lilt naturealllt lluI... ~ is IS labs:
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RESOLUTION NO. 2003-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, APPROVING A SIGN
VARIANCE FOR HSBC BANK USA LOCATED AT 2954
AVENTURA BOULEVARD, TO PERMIT A SECOND WALL
SIGN, SIZE NOT TO EXCEED 29.25 SQUARE FEET ON
THE SOUTH ELEVATION, WHERE ONE WALL SIGN IS
ALLOWED BY CODE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned B2, Community Business
District, a non-residential district; and
WHEREAS, the Applicant, Susan F. Delegal for HSBC Bank USA, through
Application No. 03-SV-02, has requested a sign variance to permit a second wall sign of
approximately 29.25 square feet on the south elevation of its bank building, where only
one wall sign is allowed by code; 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:
Resolution No. 2003-
Page 2
Section 1. Application No. 03-SV-02 for Sign Variance, to permit a second wall
sign, size not to exceed 29.25 square feet on the south elevation of its bank building,
where only one wall sign is allowed by code, on property legally described as:
Part of Tract "G" of Aventura Second Addition, Plat Book 99, Page 21, Official
Records of Miami-Dade County, Florida
aka
2954 Aventura Boulevard
is hereby granted exclusively to HSBC Bank USA. This variance shall not be
transferable to subsequent tenants/owners.
Section 2. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by
, who moved
its adoption. The motion was seconded by
, and upon being
put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Jeffrey M. Perlow
Resolution No. 2003-
Page 3
PASSED AND ADOPTED this 11th day of March, 2003.
Mayor Jeffrey M. Perlow
ATTEST:
Teresa M. Soroka, CMC, City Clerk
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
A'!he City of
.nventura
.
'.,~..~
MINUTES
COMMISSION SPECIAL MEETING
FEBRUARY 4, 2003 4:30 PM
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
The meeting was called to order at 4:30 p.m. by Mayor Jeffrey M. Perlow. Present were
Commissioners Jay R. Beskin, Ken Cohen, Manny Grossman, Patricia Rogers-Libert,
Vice Mayor Harry Holzberg, Mayor Perlow, City Manager Eric M. Soroka and City Clerk
Teresa M. Soroka. Commissioner Arthur Berger was absent. As a quorum was
determined to be present, the meeting commenced.
The City's Lobbyist, Ron Book, discussed the 2003 legislative priorities.
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 5:30 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.
A~
.
..,......
MINUTES
CITY COMMISSION MEETING
FEBRUARY 4, 2003 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 6:00 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: Michael Yavner led the pledge of allegiance.
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 CONDITIONAL USE APPROVAL
TO PERMIT THE ESTABLISHMENT OF A LIQUOR PACKAGE STORE
NOTWITHSTANDING THE SPACING AND DISTANCE
REQUIREMENTS FOR THE SALE AND SERVICE OF ALCOHOLIC
BEVERAGES REGULATED BY SECTION 4-2(a) AND SECTION 4-2(b)
OF THE CITY CODE; FOR PROPERTY LOCATED AT 20417
BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR AN
EFFECTIVE DATE.
Planning Director Joanne Carr explained the request of the applicant and entered the
staff report into the record. Ms. Carr requested amendment of condition 3 to include. . .
same, or later. ... Mayor Perlow opened the public hearing. The following individual
addressed the Commission: Sy Chadroff, Esq., 2999 NE 191st Street, representing the
applicant. There being no further speakers, the public hearing was closed. A motion for
approval was offered by Vice Mayor Holzberg and seconded by Commissioner Rogers-
Libert. The motion for approval, as amended, passed, 6-1, with Commissioner
Grossman voting no, and Resolution No. 2003-OS was adopted.
4. AGENDA: Request for Deletions/Emergency Additions: None.
5. SPECIAL PRESENTATIONS: None.
6. CONSENT AGENDA: Commissioner Beskin requested removal of item 6-F,
Commissioner Rogers-Libert requested removal of item 6-G, Commissioner Cohen
requested removal of item 6-C and Commissioner Berger requested removal of item 6-
H from the Consent Agenda. A motion to approve the remainder of the Consent
Agenda was offered by Vice Mayor Holzberg, seconded by Commissioner Rogers-
Libert, unanimously passed and the following action was taken:
A. Minutes were approved as follows:
January 7,2003 Commission Meeting
January 23, 2002 Workshop Meeting
B. The following motion was approved:
MOTION TO AUTHORIZE AND APPROVE THE APPOINTMENT OF
COMMISSIONER KEN COHEN TO THE NATIONAL LEAGUE OF
CITIES' PUBLIC SAFETY AND CRIME PREVENTION COMMITTEE
D. Resolution No. 2003.()9 was approved 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.
E. Resolution No. 2003.10 was approved as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 03'()1-21-2, NE 190TH STREET DRAINAGE
IMPROVEMENTS, TO INTERCOUNTY ENGINEERING, INC. AT THE
BID PRICE OF $128,554.00. 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.
I. Resolution No. 2003-11 was approved as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, DESIGNATING THE CITY MANAGER, ON
BEHALF OF THE CITY OF AVENTURA, AS THE AUTHORIZED CITY
OFFICIAL TO APPROVE AND SIGN TEMPORARY STATE ROAD
2
CLOSURE PERMIT REQUESTS FOR SPECIAL EVENTS;
AUTHORIZING THE CITY MANAGER TO DO All THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
J. Resolution No. 2003-12 was approved as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DEDICATING A TEN (10) FOOT WIDE BY
FIFTEEN (15) FOOT lONG EASEMENT TO THE CITY OF NORTH
MIAMI BEACH ON THE AVENTURA COMMUNITY/RECREATION
CENTER SITE; PROVIDING FOR RECORDATION; AUTHORIZING THE
CITY MANAGER TO TAKE All ACTION NECESSARY TO
IMPLEMENT THE PURPOSES OF THIS RESOLUTION; PROVIDING
AN EFFECTIVE DATE.
K. Resolution No. 2003-13 was approved as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED REVISED ADOPTION AGREEMENT AND
TRANSMIT SAME TO THE ICMA RETIREMENT CORPORATION;
AUTHORIZING THE CITY MANAGER TO DO All THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
L. The following motion was approved:
MOTION TO APPROVE REQUEST OF STANLEY PRICE, ON BEHALF
OF lA EST AN CIA, FOR EXTENSION OF TIME TO COMPLETE
BUilDING FACADE AND SITE IMPROVEMENTS AT 17866 BISCAYNE
BOULEVARD
M. Resolution No. 2003-14 was approved as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN
COllECTIVELY BARGAINED CONTRACT ATTACHED HERETO BY
AND BETWEEN THE CITY OF AVENTURA AND THE DADE COUNTY
POLICE BENEVOLENT ASSOCIATION, WHICH CONTRACT SHAll
BE EFFECTIVE UPON SIGNATURE BY THE CITY MANAGER AND
THE DADE COUNTY POLICE BENEVOLENT ASSOCIATION;
AUTHORIZING THE CITY MANAGER TO DO All THINGS
3
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
The following items were removed from the Consent Agenda and addressed separately:
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA APPROVING THE APPOINTMENT OF
MEMBERS TO THE CITY OF AVENTURA ECONOMIC DEVELOPMENT
ADVISORY BOARD FOR A ONE-YEAR TERM; AND PROVIDING AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Berger. A motion to table this item for further discussion at the
February 20, 2003 Workshop Meeting was offered by Commissioner Cohen,
seconded by Commissioner Berger and unanimously passed.
F. Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE AN INTERLOCAL AGREEMENT SUBSTANTIALLY AS
ATTACHED HERETO, BETWEEN THE CITY OF AVENTURA. TWENTY-
FOUR NONEXEMPT MUNICIPALITIES, MIAMI-DADE COUNTY AND
THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, AS
REQUIRED BY i163.31777 and i1013.33. FLORIDA STATUTES;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Cohen and seconded by
Commissioner Grossman. Kathryn Wilbur, Creative Land Development
Services, Inc. and Susan L. Trevarthen, Esq., Weiss, Serota, Helfman, et ai,
representing the City, addressed the Commission. An amendment to the
Agreement was offered by Commissioner Rogers-Libert, seconded by
Commissioner Cohen and unanimously passed to provide: 1) Mandatory
renegotiation of the agreement by all parties within one year after March 1, 2003,
with negotiation to take place at the workshop meeting provided for in Section 1.2
of the Agreement; 2) Meetings of the staff working group commence within 60
days and to be held at least quarterly, rather than semi-annually; 3) School Board
shall conduct first reading of rule change required to expand membership of the
SSPCC no later than at its March meeting, and shall conduct second reading no
later than its May meeting; 4) Staff working group and School Site Planning and
Construction Committee shall report annually to the Oversight Committee on the
implementation and effectiveness of the Agreement, at least sixty days prior to
4
the Oversight Committee's meeting and provide for distribution to local
governments. The motion for approval, as amended, passed unanimously and
Resolution No. 2003-15 was adopted.
G. Mr. Wolpin read following motion:
MOTION AUTHORIZING TRANSIT SERVICE ENHANCEMENTS,
EXPANSION AND IMPROVEMENTS AS RECOMMENDED BY THE
CITY MANAGER IN THE REPORT DATED JANUARY 16,2003.
A motion for approval was offered by Commissioner Rogers-Libert and
seconded by Vice Mayor Holzberg. The motion passed unanimously.
H. Mr. Wolpin read the following motion by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION
AGREEMENT BETWEEN WILLIAMS ISLAND ASSOCIATES, LTD. AND
THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and
seconded by Commissioner Cohen. A motion to table for further
discussion was offered by Commissioner Cohen, seconded by
Commissioner Beskin, and passed 6-1, with Commissioner Berger voting
no.
7. ORDINANCES - FIRST READING/PUBLIC INPUT: None.
8. PUBLIC HEARING: ORDINANCES - SECOND READING:
A. Mr. Wolpin read the following ordinance by title:
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.
5
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Berger. 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. 2003-02 was enacted.
B. 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.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Berger. 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. 2003-03 was enacted.
9. RESOLUTIONS: None.
10.0THER BUSINESS: None
11. PUBLIC COMMENTS: None.
12. REPORTS. As submitted.
13.ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 7:30 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.
6
A'!'he C~ of
n.ventiIra
il
-.",/
MINUTES
COMMISSION WORKSHOP MEETING
FEBRUARY 20,200310:00 AM
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
The meeting was called to order at 10:00 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. ECONOMIC DEVELOPMENT ADVISORY BOARD: Mr. Soroka distributed an
attendance record for the meetings of this Board. Commission expressed concern
as to the lack of a quorum at meetings and discussed potential remedies for the
situation and the merits of maintaining the Board.
CITY MANAGER'S SUMMARY: Consensus to amend ordinance to reduce quorum
to 7 members and makeup of Board to be minimum of 9 (7 of which are Commission
appointees) and maximum of 13.
2. ISM CONSULTING, INC. PROPOSAL (Commissioner Beraer): Stefan Inzelstein,
President of ISM, addressed the Commission promoting a database for interaction of
residents and businesses using the City's website.
CITY MANAGER'S SUMMARY: Consensus not to take action at this time.
3. AVENTURA MARKETING COUNCIL/AVENTURA CHAMBER OF COMMERCE
(Commissioner Beskin): Commissioner Beskin suggested that the City terminate its
membership with the Aventura Chamber of Commerce in light of the Chamber's
position as a plaintiff in a lawsuit against the City. Commissioner Beskin expressed
his concern regarding the Aventura Marketing Council's participation in the
upcoming election campaign process through publicity in the Aventura News.
Clifford Schulman, Esq, President of the Aventura Marketing Council, addressed the
Commission.
CITY MANAGER SUMMARY: Consensus to withdraw City's membership in
Aventura Chamber of Commerce at this time. Aventura News to provide a 500-word
article with picture for each candidate running for election in the next edition of the
newspaper.
4. SALE OF 21301 BISCAYNE BLVD. PROPERTY: Staff recommended rejecting the
sole bid submitted inasmuch as it was a non-conforming bid.
CITY MANAGER SUMMARY: Consensus to put back on market with no conditions
of sale/purchase, after consideration of input from the Economic Development
Advisory Board.
5. COMMUNITY SERVICES ADVISORY BOARD VACANCY: Mr. Soroka noted a
vacancy due to the resignation of Madeline lern and advised the Commission the
City would be advertising for a replacement.
CITY MANAGER'S SUMMARY: No action necessary by Commission.
Mr. Soroka announced the rescheduling of Parents' Night at the Charter School to
Thursday, February 27,2003.
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 1:15 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
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE:
r
TO:
FROM:
SUBJECT: Traffic Control Jurisdiction Agreement - Williams Island Associates,
Ltd.
March 11, 2003 City Commission Meeting Agenda Item to b
RECOMMENDATION
It is recommended that the City Commission authorize the execution of the attached
Traffic Control Jurisdiction Agreement with Williams Island Associates, Ltd. to provide
traffic control jurisdiction by our Police Department over Island Boulevard including the
area from 315 Avenue to the entrance of Williams Island. The Agreement will increase
the visibility of the police force and enhance traffic enforcement.
BACKGROUND
In our continued efforts to provide improved police services to the community, we have
a program that allows a condominium or homeowners associations to enter into an
Agreement with the City to provide traffic control jurisdiction over a private roadway
within the development. This permits the Police Department to conduct traffic
enforcement activities on private property at the request of the owner.
Florida State Statute 316.006 allows municipalities to enter into such agreements
provided they are reimbursed for the actual costs of traffic control and enforcement, the
owner agrees to indemnify the City and provide liability insurance.
The City will bill the owner $25.00 per hour for each officer required to perform the
traffic enforcement detail when requested by the owner. Whenever possible, traffic
complaints made by the occupants of the property will be responded to and handled as
a call for service, without charge to the owner.
Memo to City Commission
Page 2
The program has been received well by the community.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC01147-03
RESOLUTION NO. 2003-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED TRAFFIC
CONTROL JURISDICTION AGREEMENT BETWEEN
WILLIAMS ISLAND ASSOCIATES, LTD. AND THE CITY
OF AVENTURA; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Traffic Control Jurisdiction Agreement between Williams Island Associates, Ltd. and the
City of Aventura.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
, who
moved its adoption. The motion was seconded by Commissioner
, and
upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner 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 11th day of March, 2003.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
TRAFFIC CONTROL JURISDICTION AGREEMENT
THIS AGREEMENT is made and entered into this1b..t:lay of febtJ"l.Xl~ 200~
by and between hL t.J.../ flMS. l'SL tlf\l a As-ScC i. A T(:S &J
, ,
(the "Owner") and the City of Aventura, Florida, a Florida municipal corporation (the
"City").
RECITALS
A. Owner owns fee simple title to all the private roadways within the area
described as follows:
ISL1'Tf\JD BOuh..t:\JT\~a.
,
f\\2...E..f\ F/'Z..om NE: ~\st CaoRT
\SL.-l'\Nl:::)
of Dade County, Florida, and commonly known as
II'J CL.. LJ DiN Gr
TO FROI\JT 0 F CUlLLH'tMS
UJ i h.L../~rttY\.S /SL-f/IAJ to
(the "Private Roads").
B. Owner desires the City to exercise traffic control jurisdiction over the Private
Roads, and City desires to exercise such traffic control jurisdiction, pursuant to Florida
State Statutes 316.006.
NOW, THEREFORE, for Ten and No/IOO Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Owner and City agree as follows:
1. Recitals. The foregoing Recitals are true and correct and are incorporated
herein by this reference.
2. Traffic Control Jurisdiction Services. The City agrees to exercise traffic
control jurisdiction over the Private Roads in accordance with the following terms and
conditions.
(a) City shall provide for Police Officers of its Police Department to patrol, by
motor vehicle, the Private Roads, in accordance with the schedule and manpower
indicated on Exhibit "A" attached hereto, subject to availability.
(b) In exercising such traffic control jurisdiction, the City shall enforce the
traffic laws generally applicable to streets and highways under the City's original
jurisdiction which are similar in nature to the Private Roads, except only that the City
shall enforce the speed limit established by Owner, in Owner's sole discretion, for the
Private Roads, which speed limit Owner shall post along the Private Roads by
appropriate signage.
(c) The City's exercise of traffic control jurisdiction pursuant to this Agreement
shall be in addition to the jurisdictional authority presently exercised by the City over the
Private Roads under law, and nothing herein shall be construed to limit or remove any
such jurisdictional authority, the City agreeing to continue to provide such other police
services as are otherwise provided under law.
(d) In addition to exercising traffic control jurisdiction over the Private Roads
as indicated on Exhibit "A", the City shall be entitled to exercise traffic control
jurisdiction, even when not requested by Owner; provided, however, the City shall not
be entitled to any compensation from Owner pursuant to Paragraph 3 below for
exercising such discretionary additional traffic control jurisdiction, although the City shall
2
be entitled to retain all revenues from traffic citations issued by the City for violations of
traffic laws along the Private Roads, in accordance with law.
(e) Nothing in this Agreement shall require, authorize or permit the City to
exercise any control or responsibility concerning the installation or maintenance of traffic
control devices.
3. Compensation. Owner shall compensate City for the services performed
by the City under this Agreement at the rate indicated on Exhibit "B" attached hereto, so
as to assure full reimbursement for costs incurred by City, as determined by City, on the
15th day of each month for service provided in the prior month, upon invoice from City.
In addition, the City shall be entitled to retain all revenues from traffic citations issued by
the City for violation of traffic laws along the Private Roads as provided by law. Except
as provided in the first sentence of this Paragraph 3, Owner shall not be responsible to
pay the City any compensation for performing police services pursuant to this
Agreement. This shall not preclude the assessment of impact fees or other fees
provided by law.
4. Liabilitv Not Increased. Neither the existence of this Agreement nor
anything contained herein shall give rise to any greater liability on the part of the City
than the City would ordinarily be subjected to when providing its normal police services
as routinely provided throughout the City.
5. Term. The term of this Agreement shall be one (1) year commencing on
the date hereof and ending one (1) year following the date hereof, and shall thereafter
automatically continue for successive one (1) year terms, unless terminated by either
3
party upon written notice to the other party given at least thirty (30) days prior to the
expiration of the then-applicable one (1) year term.
6. Entire Aqreement. This Agreement cOnstitutes the entire understanding
and agreement of the parties with respect to the subject matter hereof and may not be
changed, altered or modified except by an instrument in writing signed by the party
against whom enforcement of such change would be sought.
7. Governinq Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. Venue for any litigation between the
parties for any controversy arising from or related to this Agreement shall be in the 11th
Judicial Circuit in and for Dade County, Florida.
8. Indemnification and Insurance. Owner agrees to defend, indemnify and
hold the City harmless from any claim, demand, suit, loss, cost, expense or damage
which may be asserted, claimed or recovered against or from the City by reason of any
property damage or bodily injury, including death, sustained by any person
whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out
of or is incidental to or in any way connected with this Agreement, and regardless of
whether such claim, demand, suit, loss, damage, cost or expense is caused in whole or
in part by City's negligence, or by the negligence of City's agents, servants or
employees. In support, but not in limitation of this indemnification provision, Owner
hereby agrees to maintain and pay all premiums for a policy of comprehensive general
liability insurance in an amount of not less then $300,000 combined single limit
insurance covering any occurrence on or adjacent to the Private Roads described
above, resulting in property damage or bodily injury or death to person or persons.
4
Such insurance policy shall name the City and City's officers, agents and employees as
additional insured with respect to traffic control or enforcement of the Private Roads and
shall provide for 30 days prior written notice of any cancellation or change in scope or
amount of coverage of such policy. Owner shall furnish City with a Certificate of
Insurance evidencing compliance with the provisions of this section.
EXECUTED as of the date first above written in several counterparts, each of
which shall be deemed an original, but all constituting one Agreement.
Signed, sealed and delivered
In t e presence of:
OWNER~ 6 1..-
{",.JJJJr~ fU<>W'\, /;4;lW-tJOJ, &"
l>1: ;J'll, k. (fu'J ;~w-)
By f)JIfv (Of 0)
po 't\ f't\o..
CITY OF AVENTURA, a Florida
Municipal corporation
ATTEST:
By
Teresa M. Soroka, CMC/AAE
City Clerk
Eric M. Soroka
City Manager
Approved as to Legal Sufficiency:
City Attorney
5
Exhibit A
Patrol
Aventura Police Officers in marked police vehicles or motorcycles will patrol the
private roads of the on
a random basis 24 hours per day. Whenever possible, Traffic complaints made
by occupants of the property, will be responded to and handled as a call for
service, without charge to the Owner. Traffic complaints that require extended
patrol, where the cost of service will be billed to the Owner, will only be
conducted with prior approval of the Owner. When requested by the Owner to
perform specific traffic enforcement duties, the Owner will be billed in accordance
with Exhibit B.
6
Exhibit B
Compensation
The City will bill the Owner $25.00 per hour for each officer required to perform
the requested traffic enforcement detail.
7
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
TO:
DATE:
SUBJECT: Traffic Control Jurisdiction Agreement - Terraces North at Turnberry
March 11, 2003 City Commission Meeting Agenda Item ~
RECOMMENDATION
It is recommended that the City Commission authorize the execution of the attached
Traffic Control Jurisdiction Agreement with Terraces North at Turnberry to provide traffic
control jurisdiction by our Police Department over the private roads within the
condominium. The Agreement will increase the visibility of the police force and
enhance traffic enforcement.
BACKGROUND
In our continued efforts to provide improved police services to the community, we have
initiated a program that allows a condominium or homeowners associations to enter into
an Agreement with the City to provide traffic control jurisdiction over a private roadway
within the development. This permits the Police Department to conduct traffic
enforcement activities on private property at the request of the owner.
Florida State Statute 316.006 allows municipalities to enter into such agreements
provided they are reimbursed for the actual costs of traffic control and enforcement, the
owner agrees to indemnify the City and provide liability insurance.
The City will bill the owner $25.00 per hour for each officer required to perform the
traffic enforcement detail when requested by the owner. Whenever possible, traffic
complaints made by the occupants of the property will be responded to and handled as
a call for service, without charge to the owner.
Memo to City Commission
Page 2
The program has been received well by the community.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC01155-03
RESOLUTION NO. 2003-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED TRAFFIC
CONTROL JURISDICTION AGREEMENT BETWEEN
TERRACES NORTH AT TURNBERRY AND THE CITY OF
AVENTURA; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Traffic Control Jurisdiction Agreement between Terraces North at Turnberry and the
City of Aventura.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
, who
moved its adoption. The motion was seconded by Commissioner
, and
upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner 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 11 III day of March, 2003.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
~
:"\' '"
'.
O"V::"~-..""."'"
- '-. -'. -"
,
'. "
JAN 2 9 2003
I1INANCf.SUJIPQR~ S€R\lIC~S
TRAFFIC CONTROL JURISDICTION AGREEMENT
THIS AGREEMENT is made and entered into this~day of jf\'l\lI.l.Pt\\.'\ .200:5.
by and between ~\'I..';\.(>.e~'i: \\)DR-n... \\-r~il.(\HIE.'il.I<l..'i
(the "Owner") and the City of Aventura, Florida, a Florida municipal corporation (the
"City").
RECITALS
A. Owner owns fee simple title to all the private roadways within the area
described as follows:
Q..O\ q \ ~ (Is, ~n'\ A\-.-"''-j (\LU~~"'~\I~
~"'l\',"\J..Rll.' ~LI\, 33)110
" I ----.---
of Dade County, Florida, and commonly known as \ E~~o.CE '\ ~, \llil.tJ'i3El<~'1
(the "Private Roads").
B. Owner desires the City to exercise traffic control jurisdiction over the Private
Roads, and City desires to exercise such traffic control jurisdiction, pursuant to Florida
State Statutes 316.006.
NOW, THEREFORE, for Ten and No/IOO Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Owner and City agree as follows:
1. Recitals. The foregoing Recitals are true and correct and are incorporated
herein by this reference.
2. Traffic Control Jurisdiction Services. The City agrees to exercise traffic
control jurisdiction over the Private Roads in accordance with the following terms and
conditions.
(a) City shall provide for Police Officers of its Police Department to patrol, by
motor vehicle, the Private Roads, in accordance with the schedule and manpower
indicated on Exhibit "N attached hereto, subject to availability.
(b) In exercising such traffic control jurisdiction, the City shall enforce the
traffic laws generally applicable to streets and highways under the City's original
jurisdiction which are similar in nature to the Private Roads, except only that the City
shall enforce the speed limit established by Owner, in Owner's sole discretion, for the
Private Roads, which speed limit Owner shall post along the Private Roads by
appropriate signage.
(c) The City's exercise of traffic control jurisdiction pursuant to this Agreement
shall be in addition to the jurisdictional authority presently exercised by the City over the
Private Roads under law, and nothing herein shall be construed to limit or remove any
such jurisdictional authority, the City agreeing to continue to provide such other police
services as are othelWise provided under law.
(d) In addition to exercising traffic control jurisdiction over the Private Roads
as indicated on Exhibit "A", the City shall be entitled to exercise traffic control
jurisdiction, even when not requested by Owner; provided, however, the City shall not
be entitled to any compensation from Owner pursuant to Paragraph 3 below for
exercising such discretionary additional traffic control jurisdiction, although the City shall
2
be entitled to retain all revenues from traffic citations issued by the City for violations of
traffic laws along the Private Roads, in accordance with law.
(e) Nothing in this Agreement shall require, authorize or permit the City to
exercise any control or responsibility concerning the installation or maintenance of traffic
control devices.
3. Compensation. Owner shall compensate City for the services performed
by the City under this Agreement at the rate indicated on Exhibit "B" attached hereto, so
as to assure full reimbursement for costs incurred by City, as determined by City, on the
15th day of each month for service provided in the prior month, upon invoice from City.
In addition, the City shall be entitled to retain all revenues from traffic citations issued by
the City for violation of traffic laws along the Private Roads as provided by law. Except
as provided in the first sentence of this Paragraph 3, Owner shall not be responsible to
pay the City any compensation for performing police services pursuant to this
Agreement. This shall not preclude the assessment of impact fees or other fees
provided by law.
4. Liability Not Increased. Neither the existence of this. Agreement nor
anything contained herein shall give rise to any greater liability on the part of the City
than the City would ordinarily be subjected to when providing its normal police services
as routinely provided throughout the City.
5. Term. The term of this Agreement shall be one (1) year commencing on
the date hereof and ending one (1) year following the date hereof, and shall thereafter
automatically continue for successive one (1) year terms, unless terminated by either
3
party upon written notice to the other party given at least thirty (30) days prior to the
expiration of the then-applicable one (1) year term.
6. Entire Aareement. This Agreement constitutes the entire understanding
and agreement of the parties with respect to the subject matter hereof and may not be
changed, altered or modified except by an instrument in writing signed by the party
against whom enforcement of such change would be sought.
7. Governinq Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. Venue for any litigation between the
parties for any controversy arising from or related to this Agreement shall be in the 11th
Judicial Circuit in and for Dade County, Florida.
8. Indemnification and Insurance. Owner agrees to defend, indemnify and
hold the City harmless from any claim, demand, suit, loss, cost, expense or damage
which may be asserted, claimed or recovered against or from the City by reason of any
property damage or bodily injury, including death, sustained by any person
whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out
of or is incidental to or in any way connected with this Agreement, and regardless of
whether such claim, demand, suit, loss, damage, cost or expense is caused in whole or
in part by City's negligence, or by the negligence of City's agents, servants or
employees. In support, but not in limitation of this indemnification provision, Owner
hereby agrees to maintain and pay all premiums for a policy of comprehensive general
liability insurance in an amount of not less then $300,000 combined single limit
insurance covering any occurrence on or adjacent to the Private Roads described
above, resulting in property damage or bodily injury or death to person or persons.
4
Such insurance policy shall name the City and City's officers, agents and employees as
additional insured with respect to traffic control or enforcement of the Private Roads and
shall provide for 30 days prior written notice of any cancellation or change in scope or
amount of coverage of such policy. Owner shall furnish City with a Certificate of
Insurance evidencing compliance with the provisions of this section.
EXECUTED as of the date first above written in several counterparts, each of
which shall be deemed an original, but all constituting one Agreement.
Signed, sealed and delivered
l[\preSence of:
\, ~ ~~"""-
'---
OWNE~
~
By~k~VAJ,-J..,; ,-/~5.
CITY OF AVENTURA, a Florida
Municipal corporation
ATTEST:
By
Teresa M. Soroka, CMC/AAE
City Clerk
Eric M. Soroka
City Manager
Approved as to Legal Sufficiency:
City Attorney
5
Exhibit A
Patrol
Aventura Police Officers in .!!larked police vehicles or motorcycles will patrol the
private roads of the ---rEOl.\U'tClO.~?'-r ~<-l~\O"-\>..'-I on
a random basis 24 hours per day. Whenever possible, Traffic complaints made
by occupants of the property, will be responded to and handled as a call for
service, without charge to the Owner. Traffic complaints that require extended
patrol, where the cost of service will be billed to the Owner, will only be
conducted with prior approval of the Owner. When requested by the Owner to
perform specific traffic enforcement duties, the Owner will be billed in accordance
with Exhibit B.
6
Exhibit B
Compensation
The City will bill the Owner $25.00 per hour for each officer required to perform
the requested traffic enforcement detail.
7
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
City Commission
Eric M. Soroka, CitY~9 r
Robert M. Sherman, Dir Community service~
DATE: March 7,2003
SUBJECT: Resolution Authorizing the City Manager to Execute Work
Authorization No. 01..0103..029 from Craven Thompson & Associates,
Inc. to perform a traffic study to determine the feasibility of
modifying the intersection of Biscayne Boulevard and N.E. 187lh
Street by providing a right turn only on NE 18th Street thereby
eliminating a traffic signal at this intersection.
March 11, 2003 City Commission Meeting Agenda Item 60
Recommendation
It is recommended that the City Commission adopt the attached resolution authorizing
the City Manager to execute the attached work authorization No. 01-0103-029 from
Craven Thompson & Associates, Inc. to perform a traffic study to determine the
feasibility of modifying the intersection of Biscayne Boulevard and N.E. 187th Street by
providing a right turn only on northbound Biscayne Boulevard and westbound N.E.
187th Street thereby eliminating a traffic signal at this intersection for the amount of
$40,800.
Backaround:
A study prepared by a traffic engineer is required in order to request FOOT to modify
an intersection on Biscayne Boulevard. This work authorization will study the effect of
providing a right turn only from N.E. 18th Street on to Biscayne Boulevard, thereby
eliminating a traffic signal from this intersection. The effect of this modification will be
examined through a study area bounded by N.E. 191st Street to the north, N.E. 29th
Avenue to the east, Miami Gardens Drive to the south and the FEC railroad to the west.
Work involves collecting 24-hour traffic volume data and peak hour turning movements
that will identify the capacity and/or operational changes that might be necessary to the
affected roadways and intersections resulting from the proposed modification. The work
will be completed within 25 weeks.
This study includes the following tasks:
1. Data collection from Miami-Dade County and collecting 24-hour traffic volume
data and peak hour turning movements within the study area.
2. Perform a pre-implementation study that will determine the potential impact of
this modification on roadways within and immediately adjacent to the study area.
This will also include providing a schematic diagram showing existing and
redistributed traffic, establish expected Level of Services on affected roadways
and intersections with the traffic redistributed; providing traffic signalization
modifications; providing data collection, compilation, and analysis; and prepare a
report for City review.
3. Prepare a survey and design of temporary lane closures at the intersection of
Biscayne Boulevard and N.E. 18th Street and secure all necessary permits.
4. Construct and implement temporary lane closures for a thirty day period.
5. Conduct a post implementation study after intersection has been modified for
thirty days, including all roadways and intersections within the study area and
coordinate with Florida Department of Transportation for approval of the
permanent intersection modifications.
If you have any questions, please feel free to contact me at your convenience.
Attachments:
RESOLUTION NO. 2003-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION NO. 01.Q103.Q29 FOR PROFESSIONAL
ENGINEERING SERVICES TO PERFORM A TRAFFIC
STUDY TO DETERMINE THE FEASIBILITY OF
MODI FlYING THE INTERSECTION OF BISCAYNE
BOULEVARD AND N.E.187TH STREET BY PROVIDING A
RIGHT TURN ONLY ON NE 187TH STREET BY AND
BETWEEN THE CITY OF AVENTURA AND CRAVEN
THOMPSON & ASSOCIATES FOR THE AMOUNT OF
$40,800; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Work Authorization No. 01-0103-029 from Craven Thompson & Associates to perform a
drainage study in the amount of $40,800.
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
, who moved its
adoption. The motion was seconded by
, and upon being put to
a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Jeffrey M. Perlow
Resolution No. 2003-_
Page 2
PASSED AND ADOPTED this 11th day of March, 2003.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
WORK AUTHORIZATION NO. 01-0103-029
The City of Aventura has requested Work Authorization No. 01-0103-029 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. 01-0103-029 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.
Phase A
Pre-implementation Studv Phase
Collect 24-hour machine counts (4 locations) ......................................................$1,000.00
Collect peak hour turning counts (8 intersections)................................................$3,000.00
Prepare link and intersection analysis and report text...........................................$6.500.oo
Total Pre-implementation Study Phase ..........................................................$10,500.00
Review/Coordination Phase
Coordinate review with government agencies ......................................................$3,500.00
Total Review/Coordination Phase ....................................................................$3,500.00
DesiRIl Phase - Temporary Lane Closures
Survey ............................................................................................................... .$6,500. 00
Prepare Design Drawings...... ........................................................................ ......$3,800.00
Prepare and Process Permits (FOOT Special Permit) ...........................................$3,000.00
Total Permitting Phase....................................................................................$13,300.00
Project Manlluement
Project Management..................... ......... ...................... ... .................................. ...$3,500.00
Total Permitting Phase......................................................................................$3,500.00
Post-imolementation Studv Phase
Collect 24-hour machine counts (4 locations) ......................................................$1,000.00
Collect peak hour turning counts (8 intersections)................................................$3,000.00
Prepare link and intersection analysis and report text ...........................................$4.500.00
Total Post-implementation Study Phase...........................................................$8,500.00
Reimbursable Exoenses
Printing, Graphics, Communications ............................................................ .......$1,000.00
Couriers, Express Mail, Etc. .................................................................................. $500.00
Total Reimbursable Expenses...........................................................................$1,500.00
Total Estimated Labor Expenses are ..................................................................$39,300.00
Total Estimated Reimbursable Expenses are........................................................$1,500.00
The time period for this Work Authorization will be:
Pre-implementation Study
Review Coordination
SurveylDesign of Temporary Lane Closure
Permitting
Post-implementation Study
4 Weeks
2 Weeks
6 Weeks
10 Weeks
3 Weeks
CITY:
ArrEST
CITYOFAVE~FLO~DA
through its City Manager
BY
BY
City Clerk
City Manager
Teresa M. Soroka. CMC
Eric M. Soroka ICMA-cM
day of
,2003
APPROVED AS TO FORM
BY
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. Sherman. CPRP
day of
,2003
Exhibit A
Consultant shall, as requested, conduct a Traffic Study to establish both quantitatively and
qualitatively the effect of removing the southbound left-turn lane along U.S. I (Biscayne
Boulevard) at N.E. l87th Street and the westbound left and right turn movements from N.E. l87th
to Biscayne Boulevard and restoring a median on Biscayne Boulevard at this intersection within
municipal limits of the City of A ventura. The effect of this lane removal will be examined
throughout a study area bounded generally by NE 191 Street to the north, NE 29 Ave to the east,
N.E. 186 Street to the south, and the FEe milroad to the west. Consultant shall collect 24-hour
traffic volume data and peak hour turning movements sufficient for the identification of capacity
and/or operational changes resulting from the proposed roadway modification.
Together with our subconsultant, Tinter Associates, Inc. we shall complete the following tasks:
Data Collection
. Perform field reviews as necessary noting operational characteristics of adjacent roadway
facilities, traffic signa/locations and timing patterns.
. Obtain coordinated signal timing and phasing patterns from Miami-Dade County for
pertinent signalized intersections within the study area.
. Collect 24-hour traffic volume data and peak hour turning movement count data within
the study area, as needed.
Pre-implementation Study
. Complete a Pre-implementation Study to determine the potential impact of the lane
closure on roadways within and immediately adjacent to the study area.
. Using the data collected establish existing Levels of Service (LOS) on affected roadways
and at affected intersections within the study area using appropriate engineering software
(Highway Capacity Software, SIGNAL2000, etc.).
. Redirect those vehicles observed during the data collection phase to complete the
southbound left turn from U.S. I (Biscayne Boulevard) onto N.E. l87th Street and/or the
westbound left turn movement from NE l87th onto Biscayne Boulevard to adjacent
roadways and intersections.
. Provide a schematic diagram for daily conditions and both A.M. and P.M. peak hours
showing existing and redistributed traffic.
· Using appropriate engineering software, establish expected Levels of Service on affected
roadways and at affected intersections within the study area with the subject lane
removed and the traffic redistributed.
· Provide a queuing analysis and storage requirement analysis at pertinent signalized
intersections.
· Provide phasing modification requirements at pertinent signalized intersections as
needed.
· Evaluate impacts of the proposed traffic flow modification on emergency vehicle
response times and fire hydrant accessibility, as well as, other services such as mail
delivery, school bus routing, transit service, trash pick-up, etc.
. Compile the data collected and the analysis conducted in addition to the conclusions
drawn into a report suitable for City review and initial discussion with Miami-Dade
County and the Florida Department of Transportation.
Review Coordination
. Coordinate review with appropriate municipal departments as well as pertinent County
and State (FDOn agencies.
Design of Temporary Lane Oosure
. Prepare design survey and design drawings for a Temporary Lane Closure. Consultant
shall prepare pennit application and submit to FDOT fur a Special Pennit to construct the
Temporary Lane Closure and shall coordinate with City staff on construction.
Post-implementation Study
. Once the subject lane has been closed temporarily for a period of 30 days, all roadways
and intersections within the study area will be re-examined to establish the effect of
closing the lane temporarily.
. Consultant shall coordinate with FOOT on approval of the permanent, proposed lane
closures.
Design services for the permanent lane closures are not included in the scope of services for this
Work Authorization.
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
M,t;MQRANPlIM
FROM: Eric M. Soroka, City
TO: City Commission
BY: Antonio F. Tomei,
DATE: March 4,2003
SUBJECT: SR-856 (William Lehman Causeway)
Highway Landscape Grant Agreement and Landscape Construction
and Maintenance Memorandum of Agreement
March 11, 2003 City Commission Meeting Agenda Item 'E::-
Recommendation
It is recommended that the City Commission adopt the attached Resolution authorizing
the City Manager to execute the "Highway Landscape Grant Agreement and
Landscape Construction and Maintenance Memorandum of Agreement" with the
Florida Department of Transportation.
Backaround
As part of FOOT requirements for the City to accept grant money and obtain a permit
for proposed landscape improvements on the William Lehman Causeway, the City is
required to enter into the Highway Landscape Grant Agreement and Landscape
Construction and Maintenance Memorandum of Agreement designating and setting
forth the responsibilities of each party.
As previously discussed, the grant funds of $172,129.68 will be matched with City
funds as part of the CIP. The project will commence in October 2003..
If you have any questions or need any additional information, please feel free to
contact me.
Attachments
Florida Department of Transportation
January 22, 2003
~istrict Six Maintenance Office
1000 NW 111 Avenue, Room 6214
Miami, Florida 33172
(805) 470-5850
THOMAS F. BARRY, JR.
SECRETARY
JEB BUSH
GOVERNOR
Mr. Eric M. Soroka
City Manager, City of Aventura
19200 West Country Club Drive
A ventura, Florida
RE: Beautification Grant
SR-856 (William Lehman Causeway),
Agreement No.: AN308
Financial No.: 413811 1 7401
Dear Mr. Russo:
Attached are the "Highway Landscape Grant Agreement and Landscape Construction and
Maintenance Memorandum of Agreement" and the "Highway Landscape Maintenance
Memorandum of Agreement".
Please execute the four copies enclosed and include the Maintenance of Traffic plan and
the City's Resolution for each Agreement, do not fill in the date on the first page of the
documents and return the documents executed to:
Heman Villar
1000 NW lllth Avenue, Room 6214
Miami, Florida 31172
If you have any question regarding the execution of these agreements, please call me at
(305) 470-5360.
Thank you
Sincerely, ,
QzC~
Heman Villar
Area Contract Administrator
- I A N 2 4 2003
OffICE Of THE
CJJY MANAGER
cc: Ronald S. Steiner, Jesus Valderrama, file
www.dot.state.fl.us
* RECYCLED PAPER
RESOLUTION NO. 2003-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED HIGHWAY LANDSCAPE GRANT
AGREEMENT AND LANDSCAPE CONSTRUCTION AND MAINTENANCE
MEMORANDUM OF AGREEMENT OUTLINING CITY AND FDOT
RESPONSIBILITIES APPLICABLE TO CONSTRUCTION,
MAINTENANCE AND PROJECT CLOSEOUT FOR THE WILLIAM
LEHMAN CAUSEWAY LANDSCAPE IMPROVEMENTS PROJECT
BETWEEN THE CITY OF AVENTURA AND THE FLORIDA
DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE CITY
MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Highway Landscape Grant Agreement and Landscape Construction and Maintenance
Memorandum of Agreement by and between the City of Aventura and the Florida
Department of Transportation allowing the City of Aventura to accept a Highway
Beautification Grant and obtain a construction permit from the Florida Department of
Transportation for Landscape Improvements on the William Lehman Causeway.
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
adoption. The motion was seconded by
vote; the vote was as follows:
, who moved its
and upon being put to a
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.
Page 2
PASSED AND ADOPTED this 11th day of March, 2003.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
HIGHWAY LANDSCAPE GRANT AGREEMENT
AND
LANDSCAPE CONSTRUCTION AND MAINTENANCE
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this day of 2003
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component
agency of the State of Florida, hereinafter called the DEPARTMENT and the City
of Aventura a political subdivision of the State of Florida, existing under the
Laws of Florida, hereinafter called the "AGENCY."
WITNESSETH
WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road No
856 as part of the State Highway System; and
WHEREAS, the AGENCY seeks to install and maintain sprinkler/irrigation
system, trees, palms and groundcovers within the unpaved areas within the right
of way of State Road No 856 (William Lehman Causeway); and
WHEREAS, the DEPARTMENT agrees that
maintained as proposed by AGENCY and
Beautification Council, awarded AGENCY a
such landscaping; and
landscaping should be installed and
has, through the Florida Highway
beautification grant for installing
WHEREAS, the parties hereto mutually recognize the need for entering into
an Agreement designating and setting forth the responsibilities of each party;
and
WHEREAS, AGENCY, by Resolution,
hereto as Exhibit "A," has accepted said
execute this AGREEMENT on its behalf.
dated , and attached
grant and authorized its' officers to
NOW THEREFORE, for and in consideration of the mutual benefits to flow each
to the other, the parties covenant and agree as follows:
1. The AGENCY hereby agrees to install or cause to be installed landscaping on
the highway facility as specified in the Landscape Plan(s) included as Exhibit
"B." as well an irrigation system as specified in the irrigation plan (s)
included as Exhibit "E" Such installations shall be in conformance with Florida
Administrative Code Rule 14-40.003, as it may be amended from time to time, and
the Florida Highway Landscape Guide, which is incorporated into Rule 14-40.003
by reference. The AGENCY shall not change or deviate from said plan(s) without
written approval of the DEPARTMENT.
2. The AGENCY agrees to maintain the landscaping within the median and areas
outside the travel way within the right of way line in accordance with the
Landscape Maintenance Plan (5) included as Exhibit "e". Said maintenance
will be in accordance with Florida Administrative Code Rule 14-40.003 and
the Florida Highway Landscape Guide, as they may be amended from time to
time. The AGENCY's responsibility for maintenance shall be consistent with
the requirements of Florida Administrative Code Rule 14-40.003(1) (d).
The above named functions to be performed by the AGENCY, shall be subj ect to
periodic inspections by the Department. The AGENCY shall not change or deviate
from said plan(s) without written approval of the DEPARTMENT.
Contract No. AN308
Financial No. 41381117401
1
3. All landscape installation and maintenance activities undertaken by AGENCY
shall be in accordance with the Maintenance of Traffic Plan (s) included as
Exhibit "0" and Florida Administrative Code Rule 14-40.003(4).
4. If at any time after the AGENCY has assumed the landscaping installation or
maintenance responsibility above-mentioned, it shall come to the attention of
the Department that the limits or a part thereof is not properly installed or
maintained pursuant to the terms of this AGREEMENT, the District Secretary or
his designee may issue a written notice that deficiency or deficiencies
exist(s), by sending a certified letter to the AGENCY to place said AGENCY on
notice thereof. Thereafter, the AGENCY shall have a period of thirty(30)calendar
days within which to correct the cited deficiencies. If said deficiencies are
not corrected within this time period, the DEPARTMENT may at its option, proceed
as follows:
(a) If installation is not completed in accordance with the plans in
paragraph 1, the DEPARTMENT may complete the installation, with
DEPARTMENT or Contractor's personnel, and deduct the reasonable cost
thereof from the money otherwise due the AGENCY under this AGREEMENT.
(b) If installation has been properly completed or if the DEPARTMENT
elects not to complete the landscaping under (a) above, and
maintenance by AGENCY is not in compliance with paragraphs 2 or 3,
the DEPARTMENT may take action to maintain the landscaping or a part
thereof, with DEPARTMENT or Contractor's personnel and invoice the
AGENCY for expenses incurred, or
(c) The DEPARTMENT may terminate the AGREEMENT, in which case the AGENCY
shall at its own expense and within sixty (60) days after written
notice by the DEPARTMENT, remove all of the landscaping that the
DEPARTMENT directs be removed and return the right-of-way to its
original condition. The AGENCY will own such materials as it removes
and the DEPARTMENT shall own any materials remaining. The DEPARTMENT
may, in its discretion, remove, relocate or adjust the landscaping
materials, with the AGENCY being responsible for the cost of any
removal.
Upon DEPARTMENT action under one of the above options and upon direction of the
DEPARTMENT, AGENCY shall cease installation and maintenance acti vi ties under
this AGREEMENT.
5. It is understood between the parties hereto that the landscaping covered
by this AGREEMENT may be removed, relocated or adjusted by the DEPARTMENT at any
time in the future as determined to be necessary by the DEPARTMENT in order that
the state road be widened, altered or otherwise changed to meet with future
cri teria or planning of the DEPARTMENT. The AGENCY shall be given sixty (60)
calendar days notice to remove said landscaping/Hardscape after which time the
Department may remove the same.
6. AGENCY may utilize its employees or third parties to accomplish its
obligations; however, AGENCY remains responsible for proper performance under
this AGREEMENT and shall take all steps necessary to ensure that its employees
or third parties perform as required under this AGREEMENT.
7. The DEPARTMENT hereby agrees that, upon satisfaction of the conditions of
paragraph 9 of this AGREEMENT, the DEPARTMENT will pay the AGENCY the amount of
$172,129.68 or 50 % of the cost of such installation, whichever is less, as a
grant pursuant to Section 339.2405(11), Florida Statutes. For purposes of this
provision, the cost of such installation may only include costs which are
allowed by Section 339.2405(11), Florida Statutes.
Contract No. AN308
Financial No. 413811 1 74 01
2
B. Payment shall be made to the AGENCY by the DEPARTMENT under the following
conditions:
a. This AGREEMENT has not been terminated pursuant paragraph 4;
b. The grant award has not lapsed under paragraph 10i
c. Written certification of the completion of the installation and
acceptance by the AGENCY is provided to the DEPARTMENT;
d. The Highway Beautification Council has inspected and issued written
approval of the work or has issued a written waiver of its inspection
rights under this AGREEMENT; and
e. A DEPARTMENT Landscape Architect has inspected the work and has issued
a written determination that the AGENCY has completed the installation
of the landscaping described in the attached Highway Landscape
Construction and Maintenance Memorandum of Agreement in accordance
with the terms of that Memorandum of Agreement.
9. Payment under paragraph B of this AGREEMENT is also subj ect to the
following conditions:
a. Proof of receipt and approval of goods and services must be available
upon request by the DEPARTMENT or the State Comptroller in accordance
with Section 215.42, Florida Statutes.
b. Bills for fees or other compensation for services or expenses that
are recovered pursuant to this AGREEMENT shall contain detail
sufficient for a proper preaudit or postaudit thereof and bills for
any travel expenses authorized by this AGREEMENT shall be submitted
and paid in accordance with the rates specified in Section 112.061,
Florida Statutes.
c. Records of costs incurred under the terms of this AGREEMENT shall be
maintained by the AGENCY and made available upon request to the
DEPARTMENT at all times during the period of this AGREEMENT and for
three years after final payment is made. Copies of these documents
shall be provided to the DEPARTMENT upon request. Records of the
costs incurred include the AGENCY'S general accounting records,
together with supporting documents and records of prime contractor
and all subcontractors performing work, and all other records of
prime contractor and subcontractors considered necessary by the
DEPARTMENT for a proper audit of costs.
10. The beautification grant awarded
effecti ve and continue for a period of
AGREEMENT.
pursuant
one (1)
to this AGREEMENT shall be
year from the date of this
11. The term of this AGREEMENT commences upon execution.
12. The AGENCY shall indemnify, defend, and hold harmless the Department and
all of its officers, agents, and employees from -any claim, loss, damage, cost,
charge, or expense arising out of any act, error, omission or negligent act by
the AGENCY, its agents, or employees, during the performance of the Agreement,
except that neither the AGENCY, its agents, nor its employees will be liable
under this paragraph for any claim, loss, damage, cost, charge, or expense
arising out of any act, error, omission, or negligent act by the Department or
any of its officers, agents, or employees during the performance of the
Agreement.
Contract No. AN308
Financial No. 41381117401
3
13. When the Department receives a notice of claim for damages that may have
been caused by the AGENCY in the performance of services required under this
Agreement, the Department will immediately forward the claim to and the
Department will evaluate the claim and report their findings to each other
wi thin seven working days and will jointly discuss options in defending the
claim. After reviewing the claim, the Department will determine whether to
require the participation of the claim or to require that participation of the
AGENCY in the defense of the claim or to require that the AGENCY defend the
Department in such claim as described in this section. The Department's failure
to notify the AGENCY of a claim shall not release the AGENCY from any of the
requirements of this section. The Department and the AGENCY will pay their own
costs for the evaluation, settlement negotiations, and trial, if any. However,
if only one party participates in the defense of the claim at trial, that party
is responsible for all costs, but if the verdict determines that there is joint
responsibility, the costs and liability for damages will be shared in the same
percentage as that judicially established.
14. This writing embodies the entire Agreement and understanding between the
parties hereto and there are no other Agreements and understanding, oral or
written, with reference to the subject matter hereof that are not merged herein
and superseded hereby.
15. This AGREEMENT may not be assigned or transferred by the AGENCY in whole
or part without the consent of the Department.
16. This AGREEMENT shall be governed by and construed in accordance with the
laws of the State of Florida. In the event of a conflict between any portion of
the AGREEMENT and Florida law, the laws of Florida shall prevail.
Contract No. AN308
Financial No. 413811 1 74 01
4
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
the day and year first above written.
CITY OF AVENTURA
(AGENCY)
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
By:
Mayor or Chairman
District Secretary
Attest:
(SEAL)
Attest:
(SEAL)
Executive Secretary
Clerk/Director
Legal Approval
Legal Approval
Contract No. AN308
Financial No. 41381117401
5
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
Pt\~MQBN!D!!M
FROM:
March 4, 2003
TO:
BY:
DATE:
SUBJECT: SR-856 (William Lehman Causeway)
Highway Landscape Maintenance Memorandum of Agreement
March 11, 2003 City Commission Meeting Agenda item Cc. f
Recommendation
It is recommended that the City Commission adopt the attached Resolution authorizing
the City Manager to execute the "Highway Landscape Maintenance Memorandum of
Agreement" with the Florida Department of Transportation (FOOT).
Backaround
As part of FOOT requirement for the City to accept grant money and obtain a permit for
proposed landscape improvements on the William Lehman Causeway, the City is
required to enter into a Maintenance Agreement designating and setting forth the
responsibilities of each party.
The Maintenance Agreement requires the City to maintain all landscaping within the
FOOT right-of-way of Lehman Causeway from West Country Club Drive to East
Country Club Drive.
If you have any questions or need any additional information, please feel free to
contact me.
Attachments
"\\
Florida Department of Transportation
January 22, 2003
District Six Maintenance Office
1000 NW 111 Avenue, Room 6214
Miami, Florida 33172
(305) 470-5350
THOMAS F. BARRY. JR.
SECRETARY
JEB BUSH
GOVERNOR
Mr. Eric M. Soroka
City Manager, City of Aventura
19200 West Country Club Drive
A ventura, Florida
RE: Beautification Grant
SR-856 (William Lehman Causeway),
Agreement No.: AN308
Financial No.: 413811 I 7401
Dear Mr. Russo:
Attached are the "Highway Landscape Grant Agreement and Landscape Construction and
Maintenance Memorandum of Agreement" and the "Highway Landscape Maintenance
Memorandum of Agreement".
Please execute the four copies enclosed and include the Maintenance of Traffic plan and
the City's Resolution for each Agreement, do not fill in the date on the first page of the
documents and return the documents executed to:
Heman Villar
1000 NW lll'h Avenue, Room 6214
Miami, Florida 31172
If you have any question regarding the execution of these agreements, please call me at
(305) 470-5360.
Thank you
Sincerely, ,
WC~
Heman Villar
Area Contract Administrator
-.IAN 24 2003
OFFICE OF lHE
CI1Y MANAGER
cc: Ronald S. Steiner, Jesus Valderrama, file
www.dot.state.fl.us
* RECYCLED PAPER
RESOLUTION NO. 2003-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED MEMORANDUM OF AGREEMENT FOR
LANDSCAPE MAINTENANCE ON THE WILLIAM LEHMAN CAUSEWAY
FROM WEST COUNTRY CLUB DRIVE TO EAST COUNTRY CLUB
DRIVE BETWEEN THE CITY OF AVENTURA AND THE FLORIDA
DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE CITY
MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Memorandum of Agreement by and between the City of Aventura and the Florida
Department of Transportation for the City of Aventura to provide landscape maintenance
services on the William Lehman Causeway for the Florida Department of Transportation.
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
The motion was seconded by
vote was as follows:
, who moved its adoption.
and upon being put to a vote; the
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.
Page 2
PASSED AND ADOPTED this 11th day of March, 2003.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
HIGHWAY LANDSCAPE MAINTENANCE
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this ____ day of 2003
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component
agency of the State of Florida, hereinafter called the "DEPARTMENT" and The
City of Aventura, a political subdivision of the State of Florida, existing
under the Laws of Florida, hereinafter called the "CITY".
WITNESSETH
WHEREAS, as a part of the continual updating of the State of Florida
Highway System, the Department, for the purpose of safety, protection of the
Investment and other reasons, has constructed and does maintain the landscape on
SR-856 (William Lehman Causeway) f within the limits outlined in Exhibit liB"
attached hereto and incorporated by reference herein, within the corporate
limits of the City of Aventura, Miami-Dade County, Florida; and
WHEREAS, the CITY is of the opinion that said highway facilities which
contain sprinkler/irriqatlon system, trees, palms and qroundcovers (the
~Plantings" ) shall be maintained by periodic trimming, cutting, mowing,
fertilizing and necessary re-plantings and repairs; and
WHEREAS. The parties hereto mutually recognize the need for entering into
an Agreement designating and setting forth the responsibilities of each party:
And
WHEREAS, the CITY by Resolution No. attached hereto as Exhibit
~Au and by this Reference made a part hereof, desires to enter into this
Agreement and authorizes its officers to do so; and
NOW THEREFORE, for and in consideration of the mutual benefits to flow
each to the other, the parties covenant and agree as follows:
1. The CITY shall perform the following standards in a reasonable
manner and with all due care.
The CITY hereby agrees to maintain, at its sole cost and expense the plantings,
following the Department's landscape guidelines, safety and plant care. The
CITY's responsibility for maintenance shall include all landscaped and/or turfed
areas on Department of Transportation right-of-way wi thin the limits of the
project. Such maintenance to be provided by the CITY is specifically set out as
follows: To maintain, which means that proper watering and proper fertilization
of all plants and keeping them as free as practicable from disease and harmful
insects: to properly mulch the plant beds: to keep the premises free of weeds:
to mow and lor cut the grass to a proper length: to properly prune all plants
which includes (1) removing dead or diseased parts of plants, or (2) pruning
such parts thereof which present a visual hazard for those using the roadway.
Contract No.: AN308
Financial No.:413811 1 7401
1
To maintain also means removing or replacing dead or diseased plants in their
entirety, or removing or replacing those that fall below original project
standards. All plants removed for whatever reason shall be replaced by plants
of the same grade as specified in the original plans and specifications and of a
size comparable to those existing at the time approval is obtained from
deletions. To maintain also means to keep litter removed from the median
strip or landscaped areas wi thin the said proj ect. Plants shall be those
items, which would be scientifically classified as plants and include but are
not limited to trees, grass or shrubs.
The above named
periodic inspections
Wi th the CITY and
reduction, reworking
functions to be performed by the CITY, shall be subject to
by the DEPARTMENT. Such inspection findings will be shared
shall be the basis of all decisions regarding payment
or agreement termination.
2. If at any time after the CITY has assumed the maintenance
responsibility above-mentioned, it shall come to the attention of the
Department I s District Secretary, that the limits of Exhibit "B I or a part
thereof is not properly maintained pursuant to the terms of the Agreement, said
District Secretary may at his option issue a written notice that a deficiency or
deficiencies exist!s), by sending a certified letter in care of City Manager to
place said CITY on notice thereof.
Thereafter. The CITY shall have a period of thirty (30) days within which
to correct the cited deficiencies. If said deficiencies are not corrected within
this time period, the Department may at its option, proceed as follows:
(a) Maintain the landscaping during construction or a part thereof,
with Department or an independent contractor1s personnel and deduct
the cost of such work from the CITY's payment for said work or par
thereof, or
(b) Terminate Agreement in accordance with Paragraph 4 of this
agreement and remove, by Department or an independent contractor's
personnel, all of the ground cover and shrubs installed under this
Agreement or any preceding agreements except as to trees and palms
and charge the CITY for the reasonable cost of such removal.
3. It is understood between the parties hereto that the ground cover.
shrubs, trees and palms covered by this Agreement may be removed, relocated or
adjusted at any time in the future as determined to be necessary by the
Department in order that the adjacent State road be widened, altered or
otherwise changed to meet with future criteria or planning of the DEPARTMENT.
The CITY shall be given sixty (60) calendar days written notice to remove said
ground covered, shrubs, trees and palms after which time, the DEPARTMENT may
remove said ground cover, shrubs, trees and palms.
4. This Agreement may be terminated under anyone of the following
conditions under Paragraph 2.:
(al
By the DEPARTMENT,
following thirty (30)
if the CITY fails
days written notice.
to
perform
it's
duties
(b) By the DEPARTMENT, for refusal by the CITY to allow public access
to all documents, papers, letters or other material subject to the
Contract No.: AN308
FinanciaINo.:41381117401
2
provisions of Chapter 119, Florida Statutes an made or received by
the CITY in conjunction with this Agreement.
(c) By either party following sixty (60) calendar days written notice.
(c)
By both parties,
execution by both
Agreement.
thirty (30)
parties, of
calendar days
an agreement
following complete
to terminate this
5. It is anticipated that the term of this Agreement will extend
beyond the Department's current fiscal year. The Department, during any fiscal
year, shall not expend money, incur any liability, or enter into any contract
which by its terms, involves the expenditure of money in excess of the amounts
budgeted as available for expenditure during such fiscal year. Any Agreement
verbal or written made in violation of this subsection is null and void, and no
money may be paid on such contract. The Department shall require a statement
from the comptroller of the Department that funds are available prior to
entering into any such Agreement or other binding commitment of funds. Nothing
herein contained shall prevent the making of contracts for periods exceeding 1
year, however, contract so made shall be executed only for the value of the
services to be rendered or agreed to be paid for in successing fiscal years.
Accordingly, the State of Florida's performance and obligation to pay under this
contract is contingent upon an annual appropriation by the Legislature.
6. To the extent provided by law, the City shall indemnify,
defend, and hold harmless the Department and all of its officers, agents, and
employees from any claim, loss, damage, cost, charge, or expense arising out of
any act, error, omission, or negligent act by the City, its agents, or
employees, during the performance of the Agreement, except that neither the
City, its agents, or its employees will be liable under this paragraph for any
claim, loss, damage, cost, charge, or expense arising out of any act, error,
omission, or negligent act by the Department or any of its officers, agents, or
employees during the performance of the Agreement.
When the Department receives a notice of claim for damages that may have
been caused by the City in the performance of services required under this
Agreement, the Department will immediately forward the claim to the City. and
the Department will evaluate the claim and report their findings to each other
within fourteen (14) working days and will jointly discuss options in defending
the claim. After reviewing the claim, the Department will determine whether to
require the participation of the City in the defense of the claim or to require
that the City defend the Department in such claim as described in this section.
The Department's failure to promptly notify the City of a claim shall not act as
a waiver of any right herein to require the participation in or defense of the
claim by the City. The Department and the City will each pay its own expenses
for the evaluation, settlement negotiations, and trial, if any. However, if
only one party participates in the defense of the claim at trial, that party is
responsible for all expenses at trial.
7. This writing embodies the entire Agreement and understanding
between the parties hereto and there are no other Agreements and understandings,
oral or written, with reference to the subject matter hereof that are not merged
herein and superseded hereby.
8. The Department's District Secretary shall decide all questions,
difficulties and disputes of any nature whatsoever that may arise under or by
reason of this Agreement, the prosecution or fulfillment of the service
hereunder and the character, quality, amount and value thereof: and his decision
Contract No.: AN308
Financial No.:4138111 7401
3
upon all claims, questions and disputes shall be final and conclusive upon the
parties.
Hereto.
9. This Agreement may not be assigned or transferred by the CITY, in
whole or in part without prior written consent of the DEPARTMENT.
10. This Agreement shall be governed by, and construed according to the
Laws of the State of Florida. In the event of a conflict between any portion of
the contract and Florida Law, the laws of Florida shall prevail.
11. The parties agree that in the event of any mediation or court
proceeding for the enforcement, defense or interpretation of either party's
rights under this Agreement, the prevailing party shall be entitled to recover
its reasonable attorneys' fees and costs at both the trial and appellate levels.
12. If any term, covenant, condition or provision of this Agreement(or
the application thereof to any circumstance or person) shall be invalid or
unenforceable to any extent, the remaining terms covenants, conditions and
provisions of this Agreement shall not be affected thereby; and each remaining
term, covenant, condition and provision of this Agreement shall be valid and
shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent of the
agreement between the parties.
13. The parties here
brought with respect to any
connected with this Agreement
by waive trial by jury in any legal proceeding
matter whatsoever arising out of or in any way
or the relationship of City and the Department.
Contract No.: AN30B
Financial No.:413B111 7401
4
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed the day and year first above written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTAHON
By:
DOT Approval as to Date
Form and Legality
District Secretary
ATTEST:
(SEAL)
Executive Secretary
AGENCY
BY:
(SEAL)
Approved as to Form Date
City Attorney, City of Aventura
City Manager
Contract No.: AN308
Financial NO.:4138111 7401
5
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO:
BY: Joanne Carr, AIC
Planning Director
FROM:
DATE: March 4,2003
SUBJECT: Dedication of Non-Exclusive Easement for Bike Path
CC-Aventura Inc. (Classic Residence by Hyatt)
19333 West Country Club Drive, Aventura
March 11, 2003 City Commission Meeting Agenda Item ---k G
RECOMMENDATION
It is recommended that the City Commission adopt the attached resolution
accepting the dedication of a revised bike path easement along the south limit of
the Classic Residence by Hyatt property at 19333 West Country Club Drive.
BACKGROUND
As a condition of site plan approval for the Classic Residence by Hyatt project,
the owner was required to dedicate to the City a revised bike path easement to
relocate a portion of the existing path 10 feet to the north on the south limit of the
property along the William Lehman Causeway service road in order that the
existing right turn lane may be extended 150 feet to provide additional stacking in
the turn lane. The owner also offered a voluntary contribution of $30,000 to the
City toward the cost of such path relocation and turn lane extension.
The easement has now been granted in accordance with a plan prepared by the
City's Consulting Engineer and the voluntary contribution of $30,000. has been
received. The easement document is attached as Exhibit #1.
RESOLUTION NO. 2003-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA PROVIDING FOR ACCEPTANCE OF A NON-
EXCLUSIVE EASEMENT FOR BIKE PATH RELOCATION ON THE
SOUTH LIMIT OF CC-AVENTURA INC. PROPERTY; AUTHORIZING
THE CITY MANAGER TO RECORD ALL INSTRUMENTS
CONCERNING THE DEDICATION OF EASEMENT; AUTHORIZING
ACCEPTANCE OF THE DEDICATION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the owners of the development known as the Classic Residence by
Hyatt at 19333 West Country Club Drive have executed a Non-Exclusive Easement for
Bike Path in favor of the City of Aventura to relocate a portion of the existing path on its
southerly property limit; and\
WHEREAS, the City Commission finds that it is appropriate and in the best
interests of the public to accept the dedication of this easement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. That the Non-Exclusive Easement for Bike Path, as reflected on
the attached easement document from CC-Aventura Inc., is hereby accepted and the
City Manager is hereby authorized to cause such easement to be recorded in the
Official Records of Miami-Dade County, Florida, subject to confirmation by the City
Attorney as to the legal form and sufficiency of the easement and instrument of
conveyance.
Section 2. That the City Manager is authorized to take all action necessary to
implement the purpose of this Resolution.
Section 3. That this Resolution shall be effective immediately upon adoption
hereof.
The foregoing Resolution was offered by Commissioner , who
moved its adoption. The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner 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 11th day of March, 2003.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
David P. Barker, Esq.
GRONEK & LATHAM. LLP
390 North Orange Ave.. Suite 6009
Orlando. FL 32801
(407) 481-5800
EXHIBIT #1
NON-EXCLUSIVE EASEMENT FOR BIKE PATH
THIS NON-EXCLUSIVE EASEMENT FOR BIKE PATH is made this'l.J.:b.. day of January,
2003, between CC-AVENTURA, INC., a Delaware corporation ("Grantor"), whose address is 200
West Madison Street, Suite 3700, Chicago Illinois 60606 in favor of THE CITY OF AVENTURA, a
political subdivision of the State of Florida ("Grantee"), whose address is 19200 West Country
Club Drive, Aventura, Florida 33180.
WIT N E SSE T H:
WHEREAS, Grantor is the owner of real property situate in Dade County, Florida, and
described as follows:
See Exhibit "A" attached hereto and incorporated herein by this
reference (the "Property")
and
WHEREAS, the Grantee desires a non-exclusive easement for relocation of an asphalt
bike path unto the Property; and
WHEREAS, the Grantor is willing to grant such non-exclusive easement to Grantee on the
terms and conditions set lbrth below.
NOW, THEREFORE, for and in consideration of the mutual covenants each to the other
running and ten dollars, receipt of which is acknowledged by Grantor, and other valuable
consideration, the Grantor does hereby grant unto the Grantee, its successors and assigns, a
non-exclusive, perpetual easement, with permanent, full and free right and authority for ingress
and egress on, over and across a portion ofthe Property described in Exhibit "B" attached hereto
for the purpose of constructing, installing, owning, maintaining and use for the public of a paved
bike path (the portion of the Property described on Exhibit B is referred to herein as the
"Easement Property").
Except as especially set forth herein, the Grantor reserves the right to utilize the Easement
Property for any purpose which does not materially adversely interfere with the use of the
Easement Property by Grantee and its successors and assigns for the purposes set forth herein.
Grantee, at Grantee's sole cost and expense, shall construct and install the bike path and
related improvements, and once constructed, Grantee shall maintain the bike path and related
improvements, and shall cause the surface of the Easement Property and any improvements
affected by any maintenance or other activities of Grantee on the Easement Property to be
restored to the same condition existing prior to Grantee's maintenance activities on the Easement
Property.
To the extent permitted by law, the Grantee agrees to indemnify and hold harmless the
Grantor from and against any and all claims, actions, causes of action, loss, damages, injuries,
liabilities, costs or expenses, including without limitation attorneys' fees (whether incurred before.
during or after trial, or upon any appellate level), arising from the Grantee's use of the Easement
Property or from the exercise by the Grantee of any rights granted by this Easement.
IN WITNESS WHEREOF, the undersigned has caused this Easement to be.,h~eunto
executed, by its proper general partner and officers thereunto duly authorized, on this m day of
January, 2003
WITNESSES:
~,',4.
n ture
I .. .
:~jENI1J""K~rn ..,,,,,'"
N.M~ "
Title: I r.t,.
\.o! ~: <;-\-....... \W.-...... .,.._____
PrintlType Name
~)~
'Signature /
S~}11/1 S[lflChe-z-
PrintlType Name
STATE OF ::I'11/vo'lS
COUNTY OF {!cok..
(CORPORATE SEAL)
f.Ii..
The oregoing instrument was acknq),Yledg!lQ. b~fore me this 8 - day of January, 2003,
by ll:. j'r ,as rice.; C-IksJd.1l1..:r)- of CC-Aventura, Inc., a
Delaware corporation, on behalf of the corporation. He/She is pq personally known to me or
[ ] produced as identification.
vfz;f";'u0A-~~
Signature of Notary
~1/CiA A. &b
Name of Notary (Typed. Printed or Stamped)
OfPlClAt. SEAl.
FEUClAA.IATES
NOlMV PUBUC. 8TA1EOF II.IJNOlS
IIY COMMISSION EXPtREs 2~
Commission Number (if not legible on sean
My Commission EJq>ires (if not legible on seal):
C:\Oocuments and Settings\bates\Local Settings\Temporarylntemet Files\QK2E\Bike Path Easement 001.doc
2
JOINDER, CONSENT AND SUBORDINATION
TO GRANT OF EASEMENT
LASALLE BANK NATIONAL ASSOCIATION, as collateral agent, as the owner and the holder
of the following described mortgage and related documents:
1. Consolidated, Amended and Restated Construction Mortgage and Security Agreement with
Assignment of Rents in the amount of $79,990,000.00 from CC-AVENTURA, INC., a Delaware
corporation to LASALLE BANK NATIONAL ASSOCIATION, as Collateral Agent, dated July 24,
2001, recorded August 13, 2001 in Official Records Book 19840, Page 3538, MIAMI-DADE
County Records.
2. Assignment of Leases and Rents between CC-Aventura, Inc., a Delaware corporation to LaSalle
Bank National Association, recorded August 13, 2001 in Official Records Book 19840, Page 3564,
MIAMI-DADE County Records.
3. Financing Statement between Classic Aventura, Inc. and LaSalle Bank National Association, as
Collateral Agent, recorded August 13, 2001 in Official Records Book 19840, Page 3573, MIAMI-
DADE County Records.
(the foregoing instruments collectively referred as the "Loan Documents")
hereby joins in and consents to the foregoing Non-Exclusive Easement for Bike Path to the City of
Aventura, and agrees that the lien of its Mortgage described above and the other Loan Documents are
subordinated to the foregoing Easement.
.ltI WITNESSES WHEREOF, the undersigned has ';Bused this instrument to be executed as of
the ~ day of January, 2003.
LASALLE BANK NATIONAL ASSOCIATION,
::",I'_~
Name: . l:L
Title: ce 51 en
STATE OF XL )
COUNTY OF ((101< )
I J The for!l.going instrument was ac\2)owledged before me this ?~ day of January, 2003, by
tI Ct-Jj2..'J' :r.l!!ONtL as '" (Ie- ~)DE:I\i\ of laSalle Bank National Association.
He/She ~ is personally known to me or [ ] has produced as identification.
Notary Public: ~ /.. J.v...l. J
Name Printed: J 1.&./111 I( ~ w,J
Commission No.:
Commission Expires:
(NOTARY SEAL)
3
:................
i SH~?tEg'~L SEAL:.....:
: Notary PUblic 5; BROWN :
. My Commi"fo' ar. of fIIinoi. :
............ n E:cp".. 10/20/03 .
...............:
Exhibit "AU
The Prooertv
A Portion of Tract HH, of Fifth Addition Biscayne Yacht and Country Club, according to the Plat
thereof, recorded in Plat Book 99, Page 20, ofthe Public Records of Miami-Dade County, Florida,
being described as follows:
Beginning at the Southeast corner of said Tract HH; thence South 74002'45" West along the South line of
said Tract HH for 92.47 feet; thence South 78009'37" West for 348.43 feet to a point on the arc of a curve
concave to the Northwest said point bears South 15057'15" East from the center of said curve; thence
Southwesterly along the arc of said curve to the right, having a radius of 5569.58 feet and a central angel
of 1016'28" for an arc distance of 123.89 feet to a point on the arc of a curve concave to the Northeast said
point bears South 45005'41" West from the center of said curve; thence Northwesterly along the arc of said
curve to the right having a radius of 50.00 feet and a central angle of 35018'51" for an arc distance of
30.82 feet to a point of reverse curvature; thence continue Northwesterly along the arc of said curve to the
left, having a radius of 1421.14 feet and a central angle of 8040'49" for an arc distance of 215.30 feet to a
point of reverse curvature; thence Northwesterly along the arc of said curve to the right having a radius of
4510.66 feet and a central angle of 0024'09" for an arc distance of31.69 feet; thence North 58055'12" East
for 422.48 feet to a point on the arc of a curve concave to the Northeast, said point bears South 40033'01"
West from the center of said curve; thence Southeasterly along the arc of said curve to the left having a
radius of 790.00 feet and a central angle of 16056'02" for an arc distance of 233.49 feet; thence South
15057'15" East for 240.00 feet to the Point of Beginning, the last two courses being along the boundary of
said Tract HH.
4
EXHIBIT "B"
DESCRIPTION (SIDEWALK EASEMENT)
A PORTION OF TRACT "HH" OF "FIFTH ADDITION BISCAYNE YACHT AND COUNTRY
CLUB:' ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 99. PAGE 20
OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY. FLORIDA. AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT HH; THENCE SOUTH
74.02'45" WEST, ALONG THE SOUTH LINE OF SAID TRACT HH, A DISTANCE OF 92.47
FEET; THENCE SOUTH 78.09'37" WEST, A DISTANCE OF 160.48 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUE SOUTH 78.09'37" WEST, A DISTANCE OF 155.95 FEET,
THE LAST TWO (2) COURSES BEING ALONG THE NORTH RIGHT-OF-WAY OF SR NO. 852
(WILLIAM LEHMAN CAUSEWAY) PER FLORIDA DEPARTMENT OF TRANSPORTATION
RIGHT-OF-WAY MAP SECTION 87013-2510, SHEET 3 OF 4; THENCE NORTH 76'02'01"
EAST, A DISTANCE OF 107.62 FEET; THENCE NORTH 82'52'35" EAST, A DISTANCE OF
4~58 FEET TO THE POINT OF BEGINNING.
SAID LANDS SITUATE IN THE CITY OF AVENTURA. MIAMI-DADE COUNTY, FLORIDA AND
CONTAIN 311 SQUARE FEET. MORE OR LESS.
THE BEARINGS REFERENCED HEREIN ARE BASED ON PLAT BOOK 99 PAGE 20, WITH
THE CENTER LINE OF STATE ROAD 852 BEING NORTH 74.02'45" EAST.
THE BOUNDARY INFORMATION THIS EASEMENT IS BASED ON IS A BOUNDARY AND
TOPOGRAPHIC SURVEY PREPARED BY LEITER, PEREZ & ASSOCIATE,;, INC, JOB
ORDER: 00-174, FILE NO. B-1663, UPDATE SURVEY DATE 8/14/01
CERTIFICATE:
WE HEREBY CERTIFY THAT THIS DESCRIPTION AND SKETCH CONFORMS TO THE
MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA,
AS OUTLINED IN CHAPTER 61G17-6 (FLORIDA ADMINISTRATIVE CODE), AS ADOPTED BY
THE DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF
PROFESSIONAL SURVEYORS AND MAPPERS IN SEPTEMBER, 1981, AS AMENDED,
PURSUANT TO CHAPTER 472.027 OF THE FLORIDA STATUTES, AND IS TRUE AND
CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF.
CRAVEN THOMPSON & ASSOCIATES, INC.
CERTIFICATE OF A THORIZA TlON NUMBER LB 271
D MAPPEfl NO. 4499
Not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper.
SHEET I OF 3
eTA JOB NO. 01.0103
DATE: Janu:ln' 7.2003
N:\ClericaIVOBS\2001101_010J'l [GAlli Iii _Sidewalk _E;lscment.doc
JAN 0 7 2003
--~
(jj CRAVEN -THOMPSON & ASSOCIATES, INC.
a,T ~~~~wE~~~ STRE:T FORf~~~~~.SFLORIO;' 33309 ~~5~)V~r~~O~
'7 FAX- (954) 739-6409
FOR. City of Aventuro
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01 Ihe dllScription sho...n hereon. There hos been no !ieldwork. vi"...inqot
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TO ACCOMPANY DESCRIPTION
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SHEET 2 OF 3 SHEETS
NOTE The undersiqned and CAAvtN-THOMPSON & ASSOCIATES. INC. make no
representatians ar guarantees os la the infarmatlan rsflected hereon psdaining to
easements. rlghts-ol-wa)'. sel back lines, reservotlons, agreements ond other
similgr mothrs. ond further. Ihis instrument is not intended to reflect or set forth
ell such molters. Such information should be obtained and canfirmed by others
through oppropriate title verilicatien.
t::lQ..ll; Lands shewn hereon were net abstracted fer right-el-wgy and/ar
easements of record.
CHECKED BY: JVN
F.B.
G: \2001 \010103.011 \DWG\SW-EASE-SKETCH.DWG
PG.
DATED:
fIj CRAVEN -THOMPSON & ASSOCIATES, INC.
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'V FAX, (954) 739-6409
FOR, City of Aventura
NorE: rHIS I$.!:!Q! A SKETCH OF SURVEY. but only 0 graphIc dllpk:lion
of the de$criplion shown hereon. There hos been no field work, ...Iowlng at
Ihe sub;ecl property. or monuments set in connection with the preparation
of the informotion shown hereoll.
o 20 40
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SKETCH TO ACCOMPANY DESCRIPTION
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UPDA TES and/or REVISIONS
DATE
BY CK'D
NOTE The undersigned end CRAVEN-THOMPSON ok ASSOCIATES, INC. moke no
representations or guarantees os to the information reflected hereon p"rtainlng to
easements, rights-ot-way. set bock lines, reservations, agreements and other
simUor molter$, and further, this Instrument Is not intended to reflect or set forth
all such matters. Such information should be obtained and connrmed by athers
through appropriate title verification.
~ lands shown hereon were not abstracled for right-at-woy and/or
easemenls of record.
G: \2001 \01010.3.011 \DWG\SW-EASE"-SKETCH.DWG
JOB NO.: 01-0103
DRAWN BY: JVN
CHECKED BY: JVN
F.B.
PG.
DA TEO:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
DATE:
March 6, 2003
s
TO:
FROM:
City Commission
Eric M. Soroka, ICMA-CM, City
SUBJECT: 2003 Legislative Programs and Pri
March 11, 2003 City Commission Meeting Agenda Item 10 tI
RECOMMENDATION
It is recommended that the City Commission approve the attached 2003 Legislative
Programs and Priorities. This matter has been discussed at a previous Workshop.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC01159-03
RESOLUTION NO. 2003-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA ADOPTING THE CITY OF AVENTURA 2003
LEGISLATIVE PROGRAM AND PRIORITIES ATTACHED HERETO;
AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY ACTION
TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City of Aventura 2003 Legislative Program and Priorities,
attached hereto, is hereby adopted.
Section 2. The City Manager is authorized to take all action necessary to
implement the purpose of this Resolution.
Section 3. This Resolution shall be effective immediately upon adoption hereof.
The foregoing Resolution was offered by Commissioner , who
moved its adoption. The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
Vice Mayor Harry Holzberg
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED this 11 th day of March, 2003.
ATTEST:
JEFFREY M. PERLOW, MAYOR
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
LEGISLATIVE PROGRAM AND PRIORITIES
2003
Mayor Jeffrey M. Perlow
Vice Mayor Hany Holzberg
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Patricia Rogers-Libert
City Manager Eric M. Soroka
City Clerk Teresa M. Soroka
City Attorney Weiss Serota Helfman Pastorlza & Guedes, P .A.
CITY OF AVENTURA
LEGISLATIVE PROGRAMS AND PRIORITIES
2003
This document is intended to provide direction to the City Manager, City Attorney and
Legislative Lobbyist as to the official City position regarding issues and pending
legislation which would affect the operation of local government. This document further
provides priorities for the acquisition of supplemental funding (grants) for various
programs.
The City of Aventura will endorse and support legislation that will:
1. Provide a dedicated revenue source for Charter School capital improvements at
the same levels provided to the local school boards.
2. Provide authority for municipalities to adopt limitations on election contributions
which are more restrictive than state law.
3. Require insurers, reinsurers and the Florida Windstorm Underwriters
Association (FWUA) to set windstorm rates for reSidential and commercial
properties based upon wind speeds established..)n. the State Uniform Building
Code. . .
4. Provide for the coordinated and comprehensive efforts for statewide and local
security and anti-terrorist programs in conjunction with the Federal government.
5. Will not create revisions in municipal pension plans or State Statues that will
impose additional mandated financial obligations for municipalities.
6. Adopt the 2003 Policy Statement of the Florida league of Cities.
The City of Aventura will seek financial assistance and grants for the following
projects:
1. Funding for Stormwater drainage improvements.
2. Funding for Park development.
AGENDA ITEM 6-1
RESOLUTION NO. 2003-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA CONCERNING THE CITY
ELECTION OF MARCH 4, 2003, DECLARING QUALIFIED
UNOPPOSED CANDIDATE ELECTED TO OFFICE OF
COMMISSION SEAT 1 WITHOUT NECESSITY FOR
FURTHER CONDUCT OF ELECTION PROCESS;
ACCEPTING AND ADOPTING THE MARCH 4, 2003
ELECTION RESULTS FOR COMMISSION SEATS 3 AND
5, AS CERTIFIED BY THE CANVASSING BOARD AND
ATTACHED HERETO; PROVIDING AN EFFECTIVE DATE.
WHEREAS, only one candidate has qualified to run for the office of Commission
Seat 1, and said candidate being unopposed is deemed elected by operation of law;
and
WHEREAS, three candidates qualified to run for the office of Commission Seat
3. two candidates qualified to run for the office of Commission Seat 5 and an election
was held on March 4, 2003; and
WHEREAS, pursuant to City Code Section 26-1. the Canvassing Board has
canvassed the election returns and presents a certification of election results to the City
Commission for its adoption.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA; THAT
Section 1. The above recitals are hereby confirmed and incorporated herein.
Resolution No. 2003-_
Page 2
Section 2. Harry Holzberg, being unopposed as the sole qualifying candidate
for the office of Commission Seat 1, is hereby declared to be elected to such office for a
four-year term commencing on March 21, 2003.
Section 3. Commission Seat 3 candidate, Bob Diamond, received more than
50% of the total number of ballots cast for Seat 3, and is hereby declared elected to
such office for a four-year term commencing on March 21, 2003.
Section 4. Commission Seat 5 candidate, Zev Auerbach, received more than
50% of the total number of ballots cast for Seat 5, and is hereby declared elected to
such office for a four-year term commencing on March 21, 2003.
Section 5. The results of the election process, as certified by the Canvassing
Board, are hereby adopted.
Section 6. 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 3
PASSED AND ADOPTED this 11th day of March, 2003.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY OF AVENTURA
CERTIFICATE OF CANVASSING BOARD
STATE OF FLORIDA
COUNTY OF MIAMI.DADE
We, the undersigned, Circuit Court Judge AMY STEELE DONNER,
DAVID LEAHY, Miami-Dade County Elections Department, and TERESA M.
SOROKA, CMC, City Clerk, constituting the Board of Canvassers in and for the
City of Aventura, do hereby certify that we met on the 4th day of March, 2003.
and proceeded to publicly canvass the votes cast for Commission Seats 3 and 5
at the General Election held on the 4th day of March, 2003, as shown by the
return on file in the Office of the City Clerk. We do hereby certify from said
returns as follows:
For COMMISSIONER SEAT 3, the whole number of votes cast was 2,869, of
which number
Bob DIAMOND received 2003 votes
Sid GERSH received 259 votes
Charles RADLAUER received 607 votes
For COMMISSIONER SEAT 5, the whole number of votes cast was 2,863, of
which number
Zev AUERBACH received 1598 votes
Patricia ROGERS-LIBERT received 1265 votes
Date Certified: March 4, 2003
County Elections
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
TO:
DATE:
SUBJECT: Ordinance Amending Economic D
Composition
pment Advisory Board
1st Reading March 11, 2003 City Commission Meeting Agenda Item 1 A
2nd Reading April 1 , 2003 City Commission Meeting Agenda Item
RECOMMENDATION
As per the City Commission's direction at the February Workshop, attached is the
Ordinance amending the Economic Development Board as follows:
1 . The Board will consist of not less than nine members and not more than
13 members.
2. A majority of the members of the Board shall constitute a quorum.
EMS/aca
Attachment
CC01156-03
ORDINANCE NO. 2003-_
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING THE CITY CODE BY AMENDING
CHAPTER 2 "ADMINISTRATION", AT DIVISION 3
"ECONOMIC DEVELOPMENT ADVISORY BOARD", BY
AMENDING SECTION 2-151 "CREATION, COMPOSITION
AND QUALIFICATIONS", AND AMENDING SECTION 2-
154 "RULES OF PROCEDURE"; PROVIDING FOR
AMENDMENT TO SIZE AND QUORUM REQUIREMENTS
FOR THE ENCONOMIC DEVELOPMENT ADVISORY
BOARD; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE
DATE.
WHEREAS, the City Commission desires to revise the composition and quorum
requirements for the Economic Development Advisory Board so as to facilitate the
activities and effectiveness of such Board.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted.
That the recital stated above is hereby
adopted and confirmed.
Section 2. City Code Amended. That paragraph (a) of Section 2-151
"Creation, Composition and Qualification" and paragraph (c) of Section 2-154 "Rules of
Procedure" of Division 3 "Economic Development Advisory Board" of Chapter 2
"Administration" of the City Code are hereby amended to read as follows: 1
DIVISION 3. ECONOMIC DEVELOPMENT ADVISORY BOARD
Sec. 2-151. Creation, Composition and Qualifications
(a) There is hereby created and established the City of Aventura
Economic Development Advisory Board (the "Board"), consisting of
not less than ~ ~ members and not more than 13 members who
shall be appointed by the Mayor, subject to the approval of the City
I; Proposed additions to existing Ordinance text are indicated by underlininl!; proposed deletions from existing
Ordinance text are indicated by strikothrBlIgh.
Ordinance No. 2003-_
Page 2
Commission. Members shall be appointed based on procedures
established by the City Commission. Members of the Board shall
hold office at the pleasure of the City Commission. Members of the
Board shall serve without compensation and shall not be
reimbursed for travel, mileage, or per diem expenses.
Sec. 2.154. Rules of Procedure
(c) ~liRa (Q) A maioritv of the members of the Board shall constitute a
quorum for the transaction of business of the Board. Official action
shall be taken by the Board only upon the concurring vote of a
majority of the members present at an official meeting of the Board,
eXGallt that at least seveR (7) affirmative votes shall ge r-eqllir-eEl for
ef.fiGiaI3GtieA.
Section 3. Severabilitv. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. It is the intention of the City Commission, and
it is hereby ordained that the provisions of this Ordinance shall become and made a part of
the Code of the City of Aventura; that the sections of this Ordinance may be renumbered
or relettered to accomplish such intentions; and that the word "Ordinance" shall be
changed to "Section" or other appropriate word.
2
Ordinance No. 2003-_
Page 3
This Ordinance shall be effective immediately
Section 5. Effective Date.
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner ,
who moved its adoption on first reading. The motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner 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. The motion was seconded by
Commissioner and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Vice Mayor Harry Holzberg
Mayor Jeffrey M. Perlow
PASSED AND ADOPTED on first reading 11th day of March, 2003.
PASSED AND ADOPTED on second reading this 1st day of April, 2003.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC, CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
3
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
BY: Joanne Carr, AIC
Planning Director
TO: City Commission
FROM: Eric M. Soroka, I
City Manager
DATE: February 25,2003
SUBJECT: Amendment to Section 31-191(g)(2) of the City's Land Development
Regulations regarding Wall Signs on Office and Hotel Buildings
(02-LDR-03)
March 11, 2003 Local Planning Agency Item ~
March 11, 2003 City Commission Meeting Agenda Item 1,f)
April 1 , 2003 City Commission Meeting Agenda Item _
RECOMMENDATION
It is recommended that the City Commission approve the amendments to Section 31-
191 (g)(2) of the City's Land Development Regulations.
THE REQUEST
City staff is requesting that Section 31-191(g)(2) of the City's Land Development
Regulations be amended to permit wall signs on office and hotel buildings as follows:
(i) For signs located 1 to 5 stories high, a sign area of 1 square foot for each 1 lineal
foot of building frontage.
(ii) For signs located 6 to 10 stories high, a sign area of 1.5 square feet for each 1 lineal
foot of building frontage.
(iii) For signs located 11 to 15 stories high, a sign area of 1.75 square feet for each 1
lineal foot of building frontage.
(iv) For signs located 16 to 20 stories high, a sign area of 2 square feet for each 1 lineal
foot of building frontage.
ANALYSIS
Standards for reviewing proposed amendments to the text of the LDR pursuant to
Section 31-77(g) of the City Code:
1. The proposed amendment is legally required.
The proposed amendment is required to provide for wall signage regulations for
office and hotel buildings based on the height of the sign.
2. The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan.
The proposed amendment is 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 amendment is consistent with the authority and purpose of the Land
Development Regulations.
4. The proposed amendment furthers the orderly development of the City.
The proposed amendment furthers the orderly development of the City.
5. The proposed amendment improves the administration or execution of the
development process.
The proposed amendment improves the administration or execution of the
development process in that it provides for wall signage regulations for office and
hotel buildings based on the height of the sign.
Description/Background of Proposed Amendments:
The City of Aventura Land Development Regulations permit office buildings in the
following zoning districts:
. The B1 (Neighborhood Business) District, with a height restriction of two stories
or 35 feet.
. In the TC1 (Town Center) District and the TC2 (Town Center Marine) District,
with a height restriction of 4 stories or 50 feet.
and permit office and hotel buildings in the following zoning districts:
. In the B2 (Community Business) District and B3 (Heavy Business) District, with a
height restriction of 20 stories or 341 feet including structured parking, and with
the further restriction that any portion of the building within 200 feet of a
residentially zoned property is limited in height to one foot for each two feet in
distance from the residential plot unless the application of this restriction would
limit the building height to a minimum of 25 feet.
· In the OP (Office Park) District and MO (Medical Office) District, with a height
restriction of 10 stories or 176 feet including slfuctured parking.
The current City Code allows 1 wall sign measuring 1 square foot for each 1 lineal foot
of building frontage for office and hotel buildings from one to seven stories with a corner
location permitted an additional sign at 50% of the size of the primary sign and 2 wall
signs at 1.5 square feet for each 1 lineal foot of building frontage for buildings eight
stories or higher.
At its January 23, 2003 workshop meeting, the City Commission discussed the
provisions of the current code for wall signage on office and hotel buildings and
concurred with staffs recommendation of an amendment to base the size of wall
sign age for office and hotel buildings on the height of the sign for buildings of differing
heights. The recommended revision will not affect any existing wall signs on office and
hotel buildings in the City.
City staff is therefore requesting an amendment to the current code to revise the size of
wall signage on office and hotel buildings based on the height of sign as follows:
Sec. 31-191. Sign regulations generally.1
(g) Non-residential district signs (See Exhibit #1)
(2)b. Wall Sign (Permitted only on office and hotel buildings with signs
located 1 to 7-~ stories high)
Approvals necessary
Type
Number (maximum)
Sign area (maximum)
City Manager
Reverse or channel letter sign only
One wall sign per building
Corner or through store locations may have an
additional wall sign. Such second sign shall be
limited to 50 percent of the square footage of the
primary sign. Such second sign shall not be placed
on the same building elevation as the primary sign.
One ill square foot for each one ill lineal foot of
building frontage
1 Underlined provisions constitute proposed additions to existing text; striskeA thre~!lR provisions indicate
proposed deletions from existing text.
Location
Illumination
No wall sign shall be installed on a building elevation
that faces an adjacent residentially zoned property
located within 300 feet of the elevation
See definition of reverse or channel letter sign
(2)c. Wall Sign (Permitted only on office and hotel buildings with signs
located 8 stories high ami a9o':e 6 to 10 stories hiQh)
Approvals necessary
Type
Number (maximum)
Sign area (maximum)
Location
Illumination
City Manager
Reverse or channel letter sign only
Two wall signs per building, with one wall sign only
per building elevation
One and one-half lld) square feet for each one ill
lineal foot of building frontage
No wall sign shall be installed on a building elevation
that faces an adjacent residentially zoned property
located within 300 feet of the elevation
See definition of reverse or channel letter sign
(21d. Wall SiQn (Permitted on Iv on office and hotel buildinQs with siQns
located 11 to 15 stories hiQh1
Approvals necessary
Tvpe
Number (maximum1
Siqn area (maximum1
Location
Illumination
Citv Manaqer
Reverse or channel letter siqn onlv
Two wall siqns per buildinq, with one wall siqn only
per buildinq elevation
One and three-quarters (1.751 square feet for each
one (11 lineal foot of buildinq frontaqe
No wall siqn shall be installed on a buildinq elevation
that faces an adiacent residentiallv zoned propertv
located within 300 feet of the elevation
See definition of reverse or channel letter siqn
(21e. Wall SiQn (Permitted on Iv on office and hotel buildinQs with siQns
located 16 to 20 stories hiQh1
Approvals necessary
Tvpe
Number (maximum1
Citv Manaqer
Reverse or channel letter siqn onlv
Two wall siqns per buildinq. with one wall siqn on Iv
per buildinq elevation
Siqn area (maximum)
Location
Illumination
Two (2) square feet for each one (1) lineal foot of
buildinq frontaqe
No wall siqn shall be installed on a buildinq elevation
that faces an adiacent residentiallv zoned property
located within 300 feet of the elevation
See definition of reverse or channel letter siqn
;
~
} r
I
LAND DEVELOPMENT REGULATIONS
Number (maximum):
Sign copy area (m~..;mum):
Sign height (m~..;mum):
Setback (minimum):
illumination:
Changeable copy sign:
(2) Directional.
Number:
~ 31-191
One monument sign (or sign mounted
perimeter wall) per street frontage . ndi-
eating the name and address of
plex, except two are permit
tached to wall of symme
feature.
Eight feet.
right-of-way, 15 feet from
line.
y illuminated signs only.
ools, religious and public institutions
only may be permitted one changeable
copy sign in lieu of the permitted monu-
ment sign. Said sign shall not exceed 32
square feet in sign area.
City Manager.
'Ib be approved as part ofsite plan. If not
approved as part of site plan, separate
permits required.
Four square feet each.
Three feet.
No advertising copy. Logos may cover no
mal'l! t~ Be pc..t:oc.nl..:.f tl..<.. ...~u. cu.~.
(g) Nonresilkntial distrid signs. The owner(s), or their authorized representative, may at
their option, choose to use the following .standards or alternatively, apply for approval as a
multi-tenant center, pursuant to subsection (i)(l) hereof (provided that the subject center
complies with the definition provided in this section). The following signs are authorized in all
nonresidential districts in the City:
(1) Detached, freestanding or monument signs where otherwise permitted, shall not be
closer than 200 feet to any other previously permitted detached, freestanding or
monument sign.
Approvals necess ery:
Supp. No.5
CD31:133
City Manager.
Exhibit #1
~ 31-191
AVENTURA CODE
Sign area (rn~y;mum):
One per parcel; parcel must have frontage
of at least 100 feet on a public street,
except for gasoline station parcels where
a 48 square foot sign shall be permitted
notwithstanding the street frontage or
distance separation of the parcel occupied
by the gasoline station.
(Subdivision of an existing building or
planned building group shall not entitle
the new parcels to additional monument
signs).
48 square feet.
Number (maximum):
Sign height (m~y;mum):
Eight feet.
Setback. (minimum):
From right-<:lf-way line:
From side property line:
Six feet.
20 feet.
illumination;
Externally illuminated signs or internally
illuminated letters or logos only.
Supplemental provisions:
Option on number of signs if parcel has Two signs, aggregate area not to exceed
300 or more feet of parcel frontage and 72 square feet
two two-way access points on different
public streets.
Logos may cover no more than 25 percent
of the sign area.
Time and temperature sign authorized
within total permitted sign area.
Landscaping and visibility sight triangle See applicable provisions contained in this
on corn~r lot. section.
Schools, religious and public institutions
only may be permitted one changeable
copy sign in lieu of the permitted monu-
ment sign. Said sign shall not exceed 48
square feet in sign area.
(2) a. Wall sign. (Permitted only on buildings where the majority of the floor area is in
retail use. In the case of a multi-tenant center, wall signs are permitted on walls
Changeable copy sign:
Supp. No.5 CD31:134
LAND DEVELOPMENT REGULATIONS
~ 31-191
that face an access drive or internal courtyard).
Approvals necessary;
City Manager.
Sign area (VlRYimum);
Reverse or channel letter sign only.
One per ground or second floor estab-
lishment which has its own frontage
and entrance facing a public street. (If
the parcel frontage requirement for a
monument sign precludes an office build-
ing from having a monument sign, one
building identification wall sign that
otherwise meet the wall sign standards
is authorized). Comer or through store
locations may have an additional wall
sign. Such second sign shall be limited
..-
to 60 percent of the square footage of .
the primary sign.
One square foot for each one lineal foot
of tenant frontage for each sign located
within 300 feet of a street on which the
building fronts.
l.5 square feet for each one lineal foot
of tenant frontage for each sign located
more than 300 feet of a street on which
the building fronts.
Type;
Number (maximum):
illumination:
See definition of reverse or channel
letter sign.
Supplemental provisions:
See gas station provisions contained in
this section.
b. Wall sign. (Permitted only on office and hotel buildings with signs located one to
seven stories high).
Number (mRYimum):
City Manager.
Reverse or channel letter sign only.
One wall sign per building.
Approvals necessary:
,
Type:
Supp. No.6
CD31:135
~ 31-191
AVENTURA CODE
Corner or through store locations may
have an additional wall sign. Such sec-
ond sign shall be limited to 50 percent
of the square footage of the primary
sign. Such second sign shall not be
placed on the. same building elevation
as the primary sign.
Location:
One square foot for each one lineal foot
of building frontage.
No wall sign shall be installed on a
building elevation that faces an adja-
cent residentially zoned property lo-
cated within 300 feet of the elevation.
Sign area (maximum);
illumination;
See definition of reverse or channel
letter sign.
c. Wall sign. (Permitted only on office and hotel buildings with signs located eight
stories high and above).
Approvals necessary:
City Manager.
Location:
Reverse or channel letter sign only.
Two wall signs per building, with one
wall sign only per building elevation.
One and one-half square foot for each
one lineal foot of building frontage.
No wall sign shall be installed on a
building elevation that faces an adja-
cent residentially zoned property lo-
cated within 300 feet of the elevation.
Type:
Number (maximum):
Sign area (mn;mum):
illumination:
See definition of reverse or channel
letter sign.
Approvals necessary
Number (maximum);
Sign area (
ne per establishment.
Four square feet.
Eight feet.
um clearance above ground;
Supp. No.5
CD31:136
ORDINANCE NO. 2003-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING SECTION 31-191(g)(2) OF THE CITY'S LAND
DEVELOPMENT REGULATIONS REGARDING WALL
SIGNS ON OFFICE AND HOTEL BUILDINGS; 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 additional language and to clarify certain sections
of the Code; 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 31-191(g)(2) of the City's Land Development Regulations is
hereby amended to revise paragraphs (2)b. and (2)c. and to add paragraphs
(2)d. and (2)e. so as to provide sign age regulations for wall signs on office and
hotel buildings based on height of the sign, as follows 1:
1 Underlined provisions constitute proposed additions to existing text; 6triGkeR IRf9~!lR provisions indicate
proposed deletions from existing text.
Ordinance No. 2003-
Page 2
Sec. 31-191. Sign regulations generally.
(g) Non-residential district signs ...
(2)b. Wall Sign (Permitted only on office and hotel buildings with signs
located 1 to 1-~ stories high)
Approvals necessary
Type
Number (maximum)
Sign area (maximum)
Location
Illumination
City Manager
Reverse or channel letter sign only
One wall sign per building
Corner or through store locations may have an
additional wall sign. Such second sign shall be
limited to 50 percent of the square footage of the
primary sign. Such second sign shall not be placed
on the same building elevation as the primary sign.
One ill square foot for each one ill lineal foot of
building frontage
No wall sign shall be installed on a building elevation
that faces an adjacent residentially zoned property
located within 300 feet of the elevation
See definition of reverse or channel letter sign
(2)c. Wall Sign (Permitted only on office and hotel buildings with signs
located 8 stories high and above 6 to 10 stories hiah)
Approvals necessary
Type
Number (maximum)
Sign area (maximum)
Location
Illumination
City Manager
Reverse or channel letter sign only
Two wall signs per building, with one wall sign only
per building elevation
One and one-half (LID square feet for each one ill
lineal foot of building frontage
No wall sign shall be installed on a building elevation
that faces an adjacent residentially zoned property
located within 300 feet of the elevation
See definition of reverse or channel letter sign
(2ld. Wall Sian (Permitted on Iv on office and hotel buildinas with sians
located 11 to 15 stories high)
Aoorovals necessarv
Citv ManaQer
Ordinance No. 2003-
Page 3
Tvoe
Number (maximum)
Sian area (maximum)
Location
Illumination
Reverse or channel letter sian onlv
Two wall sians oer buildina. with one wall sian only
oer buildina elevation
One and three-auarters (1.75) sauare feet for each
one (1) lineal foot of buildina frontaae
No wall sian shall be installed on a buildina elevation
that faces an adiacent residentiallv zoned orooertv
located within 300 feet of the elevation
See definition of reverse or channel letter sian
(2)e. Wall Sian (Permitted onlv on office and hotel buildings with signs
located 16 to 20 stories hiah)
Aoorovals necessary
Tvoe
Number (maximum)
Sian area (maximum)
Location
Illumination
Citv Manaaer
Reverse or channel letter sian onlv
Two wall sians oer buildina. with one wall sian onlv
oer buildina elevation
Two (2) sauare feet for each one (1) lineal foot of
buildina frontaae
No wall sian shall be installed on a buildina elevation
that faces an adiacent residentiallv zoned orooertv
located within 300 feet of the elevation
See definition of reverse or channel letter sian
Section 2. Severabilitv. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 3. Inclusion in the Code. It is the intention of the City Commission, and it
is hereby ordained that the provisions of this Ordinance shall become and be made a
part of the Code of the City of Aventura; that the sections of this Ordinance may be
Ordinance No. 2003-
Page 4
renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 4. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by 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 Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Mayor Jeffrey M. Perlow
PASSED on first reading this 11th day of March, 2003.
Ordinance No. 2003-
Page 5
PASSED AND ADOPTED on second reading this 1st day of April, 2003.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this _day of April, 2003.
CITY CLERK
LAND DEVELOPMENT REGULATIONS
~ 31-191
Number (maximum):
One monument sign (or sign mounted
perimeter wall) per street frontage 'ndi-
cating the name and address of e com-
plex, except two are permi here at-
tached to wall of symme 'W entrance
feature.
Changeable copy sign:
32 square feet (
Eight feet.
ate if two signs).
Sign copy area (rnn;mum):
Sign height (",ftnmum):
Setback (minimum):
right-of-way, 15 feet from
line.
lliumination:
illuminated signs only.
ools, religious and public institutions
only may be permitted one changeable
copy sign in lieu of the permitted monu-
ment sign. Said sign shall not exceed 32
square feet in sign area.
~
(2) Directional.
Number:
City Manager.
'lb be approved as part of site plan. If not
approved as part of site plan, separate
permits required.
Four square feet each.
Three feet.
No advertising copy. Logos may cover no
mere L'I_ i!6 paocal of I=b."" D:.s,U. c;u.~.
(g) Nonresuuntial district signs. The owner(s), or their authorized representstive, may at
their option, choose to use the following .standards or alternatively, apply for approval as a
multi-tenant center, pursuant to subsection (i)(l) hereof (provided that the subject center
complies with the definition provided in this section). The following signs are authorized in all
nonresidential districts in the City:
f
(1) Detached, freestanding or monument signs where otherwise permitted, shall not be
closer than 200 feet to any other previously permitted detached, freestanding or
monument sign.
Approvals necessary:
City Manager.
Exhibit #1
Supp. No.5
CD31:133
~ 31-191
AVENTURACODE
Number (maximum):
One per parcel; parcel must have frontage
of at least 100 feet on a public street,
except for gasoline station parcels where
a 48 square foot sign shall be permitted
notwithstanding the street frontage or
distance separation of the parcel occupied
by the gasoline station.
(Subdivision of an existing building or
planned building group shall not entitle
the new parcels to additional monument
signs).
Sign area (maximum);
Sign height (m..,nmum):
48 square feet.
Eight feet.
Setback (minimum):
From right-of-way line;
From side property line;
Six feet.
20 feet.
illumination:
Externally illuminated signs or internally
.illuminated letters or logos only.
Supplemental provisions;
Option on number of signs if parcel has
300 or more feet of parcel frontage and
two two-way access points on different
public streets.
Two signs, aggregate area not to exceed
72 square feet
Logos may cover no more than 25 percent
of the sign area.
Time and temperature sign authorized
within total permitted sign area.
Landscaping and visibility sight triangle
on corni!r lot.
See applicable provisions contained in this
section.
Changeable copy sign; Schools, religious and public institutions
only may be permitted one changeable
copy sign in lieu of the permitted monu-
ment sign. Said sign shall not exceed 48
square feet in sign area.
(2) a. Wall sign. (Permitted only on buildings where the majority of the floor area is in
retail use. In the case of a multi-tenant center, wall signs are permitted on walls
Supp. No.5
CD31:134
LAND DEVELOPMENT REGULATIONS
~ 31-191
that face an access drive or internal courtyard).
Approvals necessary;
City Manager.
Number (maximum);
Reverse or channel letter sign only.
One per ground or second floor estab-
lishment which has its own frontage
and entrance facing a public street. (If
the parcel frontage requirement for a
monument sign precludes an office build-
ing from having a monument sign, one
building identification wsll sign that
otherwise meet the wsll sign standards
is authorized). Comer or through store
locations may have an additional wsll
sign. Such second sign shall be limited
to 60 percent of the square footage of
the primary sign.
Type;
Sign area (maximum);
One square foot for each one lineal foot
of tenant frontage for each sign located
within 300 feet of a street on which the
building fronts.
1.6 square feet for each one lineal foot
of tenant frontage for each sign located
more than 300 feet of a street on which
the building fronts.
Supplemental provisions:
See definition of reverse or channel
letter sign.
See gas station provisions contained in
this section.
illumination:
b. Wsll sign. (Permitted only on office and hotel buildings with signs located one to
seven stories high).
Number (maximum);
City Manager.
Reverse or channel letter sign only.
One wall sign per building.
Approvals necessary:
,
Type;
Supp. No.5
CD31:135
~ 31-191
AVENTURA CODE
Comer or through store locations may
have an additional wall sign. Such sec-
ond sign shall be limited to 50 percent
of the square footage of the primary
sign. Such second sign shall not be
placed on the. same building elevation
as the primary sign.
Sign area (maximum):
One square foot for each one lineal foot
of building frontage.
No wall sign shall be installed on a
building elevation that faces an adja-
cent residentially zoned property lo-
cated within 300 feet of the elevation.
Location:
illumination;
See definition of reverse or channel
letter sign.
c. Wall sign. (Permitted only on office and hotel buildings with signs located eight
stories high and above).
Location:
City Manager.
Reverse or channel letter sign only.
Two wall signs per building, with one
wall sign only per building elevation.
One and one-half square foot for each
one lineal foot of building frontage.
No wall sign shall be installed on a
building elevation that faces an adja-
cent residentially zoned property lo-
cated within 300 feet of the elevation.
Approvals necessary:
Type;
Number (maximum);
Sign area (JTIRnmum):
illumination:
See definition of reverse or channel
letter sign.
Approvals necessary
Number (maximum);
ne per establishment.
Four square feet.
Sign area {m .
um clearance above ground:
Eight feet.
Supp. No.5
CD31:136
iht 1ltlami 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; Mtami Herald. Local Section. Sundav. March I". 2003.
Mflant 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 precedtng the first publication of
the attache~ advertisement.
~fiZ~k "'--~
FRANK TOMASINO
Sworn to and subscribed before me
This 11 th day of March A.D. 2003
U~A~~~df ~_O~ '
..~~~lI'l\LisaAnn Hernandez
~. CommInIoo' DO 000617
= . 1!xpIms Fob. 11,2005
!bIdod 'nuu
... AlIantfo~Co"lne.
900 West 49th Street. Suite 500. Hialeah. Florida 33012
)KNIGHTRlDDER)
-
.-
~\"t..,~
CITY OF A VENTURA
NOTICE OF HEARING OF
LOCAL PLANNING AGENCY AND
NOTICE OF AMENDMENT OF CITY'S
LAND DEVELOPMENT REGULATIONS'
Public Notice is hereby given that the A ventura City Commission, sitting as
the City of Aventura Local Planning Agency, will meet in a public hearing on
Tuesday, March 11, 2003 at 6:00 pm to consider adoption of the following
Ordinance:
,AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING SECTION 31-191(g)(2) OF
THE CITY'S. LAND DEVELOPMENT
,REGULATIONS REGARDING WALL SIGNS ON
OFFICE AND HOTEL BUILDINGS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR
EFFECTIVE DATE.
Imnlediately follo.wing the Local Planning Agency meeting, the City
Commission of the City .of A ventura, as the governing body, will consider at a:
public hearing, as fIrst reading, adoption of the above described Ordinance.
The above described Public Hearings will be held commencing at 6;00 pm on
Tuesday, March 11, 2003, at City of AventuraGovemment Center, 19200
West Country CliIb Drive; Aventura, Florida, 33180. The proposed
Ordinance may be inspected by the public at the OffIce of the City Clerk at the
.: . A ventura Government Center. Interested parties may appear at the Public
. , Hearing and be heard with respect to the proposed Ordinance.
, In, accordance with the Americans with Disabilities Act of 1990, all persons
., who are disabled and who need special accommodations to participate in this ,
proceeding because of that disability should contact the OffIce of the City
. Clerk, (305) 466-890 I, not later than two business days prior to such
: . ~ proceedings.
" If a person decides to appeal any ,jecision made by the City Commission, as
-'~ Local Planning Agency or as the governing body, with respect tei any matter
considered at a meeting or hearing, that person will need a record of the
proceedings and, lor such purpose, may need to ensure that a verbatim record
of the proceedings i~made, which record includes the testimony ,and evidence
" upon which the appeal is to be based. .
Teresa M. Soroka, CMC, City Clerk
i
G
.'
Puh
.'
Eco
Recr
.1,
"
I
BU~I
Trai
I
1\
.(
.F
A1linle'
Apel'Sl
hearin~
thetes
Miami-j
orservl
atleasl
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 ur,dersigned authority personally appeared
a.v. FERBEY:1.E. who on oath says that he or she is the
SUPERVISOR, Legal Notices of tne Miami Dally Business
Review fik/a Miami Review, a daily (except Saturday. Sunday
and Legal Holidays) newspaper, published 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 - MARCH 11,2003
APPLICANT NAMEiNUMBER: HSBC BANI< USA! 03-SV-02
in the XXXX Court,
was pUblished in said II\lawspaper in the issues of
02/27/2003
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 MiamJ,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 I\t.iami-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 di5count, rebate, co'nmission or refund for the purpose
of sf,curing thi dve' 'ment or publication in the saio
OFFICIAL NOfARYSEAL
JANETI LLERENA
!t\JUI\IlI\JBLIt:err ATE OF FLORIDA
COMMISSION NO. CC 912958
MY COMMISSION EXP. NE 23,2004
CITY OF AVENTURA
NOTICE OF PUBLIC HEARING :i'.i),'"
Date and Time
.,of Public Hearln;:
'!q~';~:
,.o?
"'O,:.f!'OiY,J;
Tuesday, March 11, 2003
6:00 p.m.
App1lcantNameINumber:.. ~BC BankUSA /03-SV:Q2
AppUc:antRequest:
The Applicant is requestlng'a varianCtlliom
Sectioll 31-191 (g)(2)(b) of the City C' to
permit a second wallsion to ~ I '.. " 'on
the south elevation of the existing'" ". .'
Bank building where only one wall$lQ/'t is~
permitted by Code. . '. ':' ):l~
-> ,',-"';
Location Of
SubJect Property:
Legal Description:
2954 Aventura Boulevard
Part of Tract G. AventuraSeeond Addition":
as recorded in Plat Book 99, Page 210fih&'
Public Records of Miami-D,llde County:' .
, Plans are on file and may be examined during regular business hOurail'l,
the City of Aventura Govemment ,Center, Community Development D~:
. partment, 19200 West Country Club Drive, AventLira, Florida,33fBm'
, Plans may ,be modified at or before the Public Hearing. The applieiltioo
may change during the hearing process. . .
The PublicHearingwill be held at City of Aventura Govemmentcenter. '
Your comments may be made in person at the hearing or filed in Wl'iting:
prior to the hearing dale. Refer to applicanVproperty on correspondenoli '
t and mail same to City of Aventura Government Center, Community IJI&. '
veloPment Department. For further information, plea$9 (:all (305).: '\66- '
8940. . ";:"
In accordance with the Americans with Disabilities Act of 1990, ~ ~-'
sons witfl disabilities who need special accommodations toparticipal~ln
this proceeding becaUSe of such disability should COJ:ItaCl the Office tilt,.
City Clerk, 305-466-8901, not later than two business.days prior to'~uCb
proceedings. ~ ..
If a per80ndecides to appeal any decision made by toe. City CQrnmi~;
~ion with respect to any matter considered at a meeting or hearing: ttW
person will need a-l'eCOrdof the proceedings and, for such purpos~,.rnav
need to ensure-that a verbatim record of the proceedings is macl&, ~1C1i
record includes the testimony and evidence upon wllich, the appeal;ls:Jo
be based. . '. . 'f; ':.
TereSa M. Soro~a, CMC, citYCfli~
03-.$~9OI:.J4 f6<t<<M'
2127