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01-04-2005 City r~~~;";"n Jeffrey M. Perlow, Mayor A ~e City of ~ventura @ ",..",/ City MVJqer Eric M. Soroka Zev Auerbach Jay R. Beskin Ken Cohen Bob Diamond Manny Grossman Harry Holzberg ~ Te<esa M. Soroka. CMC CitY Attomev Weiss Serota Helfman Pastoriza Guedes Boniske & Cole AGENDA JANUARY 4, 2005 6 PM Government Center 19200 West Country Club Drive Aventura,Florida33180 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 thai the fuIlowing items on the Conunission's ogenda are quasi- judicial in natore. If you wish to object or comment upoo any of these items, please inform the Mayor when he requests public comments. An opportunity for persons to speak on each irem will be mnde avaiIah1e afb:r the applicant and slBlfhave mnde the~ presentations on eaclt item. All testimony, including public testimony and evidence. will be mnde under oath or aJIinnaIjon. AdditionnUy, eaclt person who gives testimony may be subject to cross-examinati. If you refuse either to be cross-examined or to be sworn, your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses, but the public may request the Commission to IL'ik quesùoos of sIBIf or witnesses on their behalf Peßoos represeoting organizations must present evidence of ~ authority to speak fur the organization. Fur1I1cr details of the quasi,jodiciaI procedures may be obtained fiom the Clerlc A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, CONCERNING AN APPLICATION FOR MODIFICATION TO CONDITIONAL USE APPROVAL GRANTED THROUGH RESOLUTION NO. 2002-46 TO ALLOW A CHANGE IN EXTERIOR COLOR ON THE PHASE 1 BUILDINGS IN THE TOWN CENTER LOCATED AT 18741 BISCAYNE BOULEVARD, A VENTURA; 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 itern must be removed &om the Consent Agenda and considered separately. A. APPROVAL OF MINUTES: November 9, 2004 Commission Meeting December 16, 2004 Special Meeting B. 1aauIJy " 2OOS CcIomiIøiœ MediDg December 16,2004 Workshop Meeting A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED JOINT PROJECT AGREEMENT FOR STREET LIGHTING IMPROVEMENTS ALONG THE WESTBOUND AND EASTBOUND FRONTAGE ROADS OF THE WILLIAM LEHMAN CAUSEWAY BY AND BETWEEN THE CITY OF A VENTURA AND THE FWRIDA DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF TIDS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 04-12-3-2, POLICE EGRESS LANE AND DUMPSTER RELOCATION, TO PARAMOUNT ENGINEERING, INC. AT THE BID PRICE OF $77,375.98; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF TIDS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. 7. ORDINANCES: FIRST READINGIPUBLIC INPUT: None. 8. PUBLIC HEARING: ORDINANCES: SECOND READING: AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING SECTION 31-21 "DEFINITIONS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO INCLUDE DEFINITIONS FOR "PREVIOUSLY OWNED JEWELRY" AND "PREVIOUSLY OWNED PRECIOUS METALS" AND TO AMEND SECTION 31-144(c) "COMMUNITY BUSINESS (82) DISTRICT' OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO INCLUDE THE PURCHASE AND SALE OF PREVIOUSLY OWNED JEWELRY AND PREVIOUSLY OWNED PRECIOUS METALS AS A PERMITTED USE; TO REQUIRE PROVISION OF SECURITY PLANS FOR ESTABLISHMENTS THAT PURCHASE AND SELL PREVIOUSLY OWNED JEWELRY AND PREVIOUSLY OWNED PRECIOUS METALS AND TO PROIDBIT PAWNSHOPS IN THE "COMMUNITY BUSINESS (82) 2 Jmmy 4, 2OOS CœIoiaiœ MediDg DISTRICT"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. 9. RESOLUTIONS - PUBLIC HEARING: None 10. OTHER BUSINESS: None, 11. PUBLIC COMMENTS 12. REPORTS 13. ADJOURNMENT SCHEDULE OF FUTURE MEETINGSIEVENTS COMMISSION SPECIAL MEETING JANUARY 6, 2005 10A,M. This meeting is QPCD to the public. In accordance with the Americans with Disabilities Act of 1990, ail persons who are disabled aod who need special accoDl!llOdalions to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466.,1!9OI, not later thao two days prior to such procee<ling. One or more members of the City of Aventura Advisory Boards may be in attendance. Anyone wishing to appeal aoy decision mnde by the Aventura City Commission with respect to aoy matter considered at such meeting or bearing will need a record oCthe proceedings and, fur such purpose, may need to ensure thai 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 Aveotura Government Center, 19200 W. Couatry Club Drive, Avenlura, Florida, 33180. Anyone wishing to obtain a copy ofaoy agenda item should contact the City Clerk at 305-466- 8901. 3 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM BY: City commiSSiO~ Eric M. Soroka, -C City Manager Joanne Carr, AIC~ Planning Director TO: FROM: DATE: December 8, 2004 SUBJECT: Request of TRG Regina Square, Ltd. for Modification of Conditional Use approval granted through Resolution 2002-46 to change the color scheme of Phase 1 of the Town Center at 18741 Biscayne Boulevard (05-CU-02 Modification) January 4, 2005 City Commission Meeting Agenda Item ~ RECOMMENDATION It is recommended that the City Commission deny the request for modification of the color scheme for Phase 1 of the Town Center redevelopment project as approved through Resolution No. 2002-46 as it does not meet the criteria for conditional use approval in Section 31-73 of the City Code. THE REQUEST The applicant, Clifford A. Schulman for TRG Regina Square, Ltd., is requesting that the exterior colors of the Phase 1 condominium buildings known as The Venture be changed from the earth tones presented at the September 3, 2002 City Commission public hearing to blue and white colors. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY TRG Regina Square, Ltd. APPLICANT Clifford A. Schulman ADDRESS OF PROPERTY 18741 Biscayne Boulevard Loehmann's Fashion Island Shopping Plaza (See Exhibit #2 for Location Plan and Exhibit #3 for Aerial Photograph) LEGAL DESCRIPTION Part of Tracts "8" and "COO, Regina Square Subdivision, as recorded in Plat Book 113, Page 27 of the Public Records of Dade County SIZE OF PROPERTY Approximately 6.27 acres for Phase 1 site EXISTING ZONING TC1, Town Center District FUTURE LAND USE DESIGNATION Town Center (TC1 zone) HISTORY The Phase 1 development of the Town Center currently under construction on the Loehmann's Plaza site consists of two residential buildings with a total of 500 units and 18,799 square feet of retail space on the ground level of the north elevation of each building. The easterly building fronting on NE 29 Avenue is 11 stories high and the westerly building fronting on NE 187 Street is 7 stories high. Both buildings are connected by a five level parking garage that has been designed to complement the façade of the residential structures. On September 3, 2002, the applicant received Conditional Use Approval through Resolution No. 2002-46 to permit the following uses in Phase 1 of the Town Center development: 1. An 11 story residential building, where a maximum of 4 stories are permitted by Code. 2. A 7 story residential building, where a maximum of 4 stories are permitted by Code, 3. Floor area minimum of 750 square feet for one bedroom units, where a minimum of 900 square feet is required by Code. 4. Floor area minimum of 1,025 square feet for two bedroom units, where a minimum of 1050 square feet is required by Code. 5. Residential uses on the ground floor, where retail and office uses only are permitted on the ground floor by Code. 6. 825 parking spaces, where 1,066 parking spaces are required by Code. The conceptual master plan for the overall Town Center was approved as part of the administrative site plan approval for the Phase 1 development. Color renderings of the Phase 1 development and the Town Center plaza area were presented by the applicant at the September 3, 2002 public hearing. Those renderings showed an earth tone color scheme for both Phase 1 and the Town Center as a whole. Copies of the color 2 renderings are attached as Exhibit #4. The requested color change is shown on Exhibit #5. ANALYSIS Citizen Comments - The Community Development Department has received no written citizen comments about this application. Community Development Department Analysis - The Applicant is requesting modification to the conditional use approval granted through Resolution No. 2002-46 to change the color scheme of the Phase 1 buildings from earth tones to blue and white. This modification requires review of the conditional use approval criteria to ensure that all criteria continue to be met with this requested change. Criteria This request for modification to conditional use approval will be evaluated using the criteria in Section 31-73 of the City's land Development Regulations, as follows: (a) The proposed use shall be consistent with the comprehensive plan. The use is consistent with the City of Aventura Comprehensive Plan, which designates the future land use category for this site as Town Center. The requested modification does not change the proposed use of the land. (b) The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety or general welfare. The establishment, maintenance or operation of the proposed use will not be detrimental to or endanger the public health, safety or general welfare. The requested modification does not change the proposed use of the land, (c) The proposed use shall be consistent with the community character of the immediate neighborhood of the proposed use. The proposed use is consistent with the community character of the immediate neighborhood of the proposed use. The requested modification does not change the proposed use of the land. There is an existing mix of retail, office and residential uses in the immediate neighborhood of NE 28 Court, NE 29 Avenue, NE 187 Street, NE 190 Street and NE 191 Street. The City Commission has reviewed the overall concept and future of this area of the City and has determined that a mixed use, town center development on this site will be beneficial to businesses and residents. (d) Utílíties, roadway capacity, drainage and other necessary public facílíties, including police, fire and emergency services, shall exist at the City's adopted levels of 3 service, or will be available concurrent with demand as provided for in the requirements of these LDRs. The applicant's engineer confirmed that utilities, roadway capacity, drainage and other necessary public facilities, including police, fire and emergency services, shall exist at the City's adopted levels of service or will be available concurrent with demand as provided for in the requirements of the City's Land Development Regulations. The requested modification does not change the concurrency requirements. (e) Adequate measures exist or shall be taken to provide ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets. The requested modification does not change the proposed ingress and egress to the proposed use. Ingress and egress to the Phase 1 parking structure is proposed through an entrance on NE 187 Street at NE 28 Court with an exit into the plaza to the north, a drop-off, pick-up area on both NE 29 Avenue and the westerly internal drive. The applicant submitted a Traffic Study which indicated that a traffic signal is required at this time at the intersection of NE 28 Court and NE 187 Street. Signal timing changes are required at the existing light at the intersection of NE 29 Avenue and NE 190 Street and at the existing light at the intersection of NE 187 Street and Biscayne Boulevard. The applicant has voluntarily agreed to fund the installation of a traffic signal and will make arrangements with Miami-Dade County for the timing changes at the existing signals, prior to issuance of a certificate of occupancy or temporary certificate of occupancy. The applicant has also indicated that it will support the City in a request to FDOT and the County to prohibit left turns at the intersection of NE 187 Street and Biscayne Boulevard and relocate the existing traffic signal at that intersection to the intersection of the present entrance road into Loehmann's Plaza and Biscayne Boulevard. This will alleviate the existing traffic congestion at the corner NE 187 Street and Biscayne Boulevard. These improvements are conditions of Resolution No. 2002-46. (f) The establishment of the conditional use shall not impede the development of surrounding properties for uses permitted in the zoning district. The establishment of the conditional use will not impede the development of surrounding properties for uses permitted in the zoning district. The property to the north is zoned for similar mixed-use development. The property to the south is zoned Community Business district and contains an existing retail plaza. The properties to the east are zoned Town Center and Town Center Marine Districts and include an existing marina and an office/retail complex under construction. To the west of this site lie Biscayne Boulevard and the Florida East Coast Railway. (g) The design of the proposed use shall minimize adverse effects, including visual impacts, of the proposed use on adjacent property through the use of building orientation, setbacks, buffers, landscaping and other design criteria. 4 The Phase 1 buildings were designed to interface both with the existing center until future phases are constructed and with the master plan once it is completed, The earth tone color scheme originally presented is continued throughout all future phases of the Town Center master plan. A change to blue and white exterior colors on the Phase 1 buildings will not minimize visual impacts and will not create a unified theme of development of the Town Center that results in a "sense of place" if one part is blue and white and the balance is earth tones. The applicant's letter of intent states that the blue and white exterior colors will be compatible with the color of buildings on NE 188 Street and in the general area; however, the compatibility desired is compatibility with the balance of the adjacent Town Center and with the balance of the adjacent existing retail center until the future phases of the Town Center are constructed. Staffs review of publications on other Town Centers in South Florida and in other parts of the country show that earth tones are consistently used to create the comfortable environment desired for gathering areas. 5 Greenberg Traurig Clifford A. Schulmao (305) 579-0613 Direct Fax: (305) 961-5613 E-Mail: schulmanc@gtlaw.com October 21, 2004 Joann Carr, AICP Planning Director City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 Re: Request for modification of color scheme for the project known as "The Venture" Dear Ms. Carr: This letter constitutes our request for Commission consideration for a modification of colors of the above-noted project. The project was granted Conditional Use Approval through adoption of Resolution No. 2002-46 on September 3, 2002. While we do not believe that the Conditional Use Approval formally encompassed approval of color schemes, staff has indicated that they feel Commission approval is required for any modification of the colors rendered in our proposal. After consultation with our design architects, Arquitectonica, a modified color scheme is felt to be more appropriate for the site and the general environs of this area of the City, including developments which have been approved at, near and around the site. A review of colors of buildings approved up and down N.E. l88th Street, including the City's own Charter School and Community Center, will show the compatibility of our proposed color scheme with those as-built and approved projects. We will submit, under separate cover, a rendering comparison of the prior color and the proposed new color shortly. However, we wanted to get this Jetter to you as soon as possible to get a place on the November 9, 2004 agenda. Should you have any further questions, please feel fTee to call me. Sincerely, ~~'J~ r Clifford A. Schulman cc: Anne Cotter John Chappelear Rafael Millares EXHIBIT #1 05-CU-O2 (MOD) I\MIA-SR VO I \I 593786vO I 110121/04\1 0840.0 17500 Greenberg Traurig. PAl Momeys at law 11221 Brickell Avenue 1 Miami, Fl33131 1 Tel 305.579.0500 I Fox 305.579.07171 www.grlaw.com BROWARD COUNTY ..-.-.-.-. DADE COUNTY 1: :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. IVES DAIRY RD. :. .. .. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. :. ¡. g II) Z jJj 8 192 ST. ~ :J: W X Õ ;:: g II) Z i!j 0 MIAMI GARDENS DR. Atkuuic Ocean Ð Roadways City BoundaJy ZIP Code Boundary Railroad EXHIBIT #3 05-CU-O2 (MOD) bJ 0 en 'm 0)( ~::J: 0- NaJ --::¡ ~! ,g ;:; ~ :r n> ~ ~ Cj tÞ = ..... tÞ Þ-t "'C I-' ~ N ~ {,IUf Ii I !. 'I II! !~ P! ! mm ! II ~ I ~ j ~ , "èS ~ ml!il~~ "Ii Ie¡ ~ ¡Ii~~ ~;§ '. ::¡;., ¡mIl ¡¡;tog "1I¡jq¡~ I ~~ :t!:8 ::5 I III .... '~, ~.... ~~ Iìi~ ~g¡ :t.~ ;§ ~, !il~ ~I. 11& s, §i ìir' ¡¡¡. ~ [1;1 f!¡ QJ " öi ÍŠ' 5]; I!III~ ~ fll!1 ~ :::, ¡'I' ~ o¡ ! ~ i ~ h z Residential Architecture Cd . Roofline defines distinctive skyline . Massing delineates building into multiple facades, changes scale. . Parking concealed by residential buildings . Building heights reinforce existing progression of scale. . Building edges establish urban block. _J ¡' , ScutII Context EIeI/8/fon I? EXHIBIT #5 05-CU-O2 (MOD) RESOLUTION NO. 2005- - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA. FLORIDA, CONCERNING AN APPLICATION FOR MODIFICATION TO CONDITIONAL USE APPROVAL GRANTED THROUGH RESOLUTION NO. 2002-46 TO ALLOW A CHANGE IN EXTERIOR COLOR ON THE PHASE 1 BUILDINGS IN THE TOWN CENTER LOCATED AT 18741 BISCAYNE BOULEVARD. AVENTURA; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned TC1, Town Center District; and WHEREAS, the applicant, through Application No. 05-CU-02 (Modification), has applied for modification to the conditional use approval granted through Resolution No. 2002-46 to permit a change in the exterior color of the Phase 1 residential buildings from earth tones to blue and white; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application does/does not1 meet the criteria of the applicable codes and ordinances to the extent the application is granted/denied1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: 1 Language in bold italics indicates a recommendation and decision to be made by the City Commission at public hearing. Resolution No. 2005- - Page 2 Section 1. Application No. 05-CU-02 (Modification) for modification to the conditional use approval granted through Resolution No. 2002-46 to permit a change in the exterior color of the Phase 1 residential buildings from earth tones to blue and white on property legally described in Exhibit "A" to this Resolution, is hereby granted/denied1. Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the decision of the City Commission herein provided and to indicate' such decision upon the records of the City. Section 3. Effective Date. 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 Zev Auerbach Commissioner Jay R. Beskin Commissioner Bob Diamond Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow Resolution No. 2005- - Page 3 PASSED AND ADOPTED this 4th day of January, 2005. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this - day of January, 2005. CITY CLERK Exhibit "A" Lee:al Description A portion of Tracts B & C, REGINA SQUARE SUBDIVISION, according to the Plat thereof as recorded in Plat Book 113, Page 27, of the Public Records of Miami-Dade County, Florida, lying in the SW 1/4 of Section 3, Township 52 South, Range 42 East, City of Aventura, Miami-Dade County, Florida and being more particularly described as follows: Begin at the Northeast corner of said Tract "C"; the following three (3) courses being along the Easterly and Southerly line of said Tract "C" said line also being along the Westerly right-of-way line of N.E. 29th Avenue and Northerly right-of-way line of N,E. I87th Street as shown on said Plat of REGINA SQUARE SUBDIVISION, (1) thence South 00E38'1O" East for 260.56 feet to a point of curvature; (2) thence Southerly and Westerly along a 128.90 foot radius curve leading to the right, through a central angle of 90E4I '25" for an arc of 204.03 feet to a point of tangency; (3) thence North 89E56'45" West for 126.02 feet to the Southwest corner of said Tract "C"; thence North 89E56'45" West along the South line of said Tract "B" also being said Northerly right-of- way of N.E. I87th Street for 364.91 feet; thence North 00E03'I5" East for 443.27 feet; thence South 89E56'45" East along a line parallel with said South line of Tract "B" for 616.05 feet; thence South OE38'IO" East along the East line of said Tract "B" also being the West right-of-way line of N.E. 29th Avenue for 52.27 feet to the POINT OF BEGINNING. A'!he City of fiventura -8- '"Y MINUTES CITY COMMISSION MEETING NOVEMBER 9, 2004 6 p.m. (following LPA meeting) Aventura Govemment Center 19200 W. Country Cluh Drive Aventu,a, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:36 p.m. by Mayor Jeffrey M. Perlow. Present were Commissioners Zev Auerbach, Jay R. Beskin, Bob Diamond, Manny Grossman, Harry Holzberg, Vice Mayor Ken Cohen, 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: Mayor Perlow led the pledge of allegiance. 3, ZONING HEARINGS: None. 4. AGENDA: REQUEST FOR DELETIONS/EMERGENCY ADDITIONS: None. 5, SPECIAL PRESENTATION: None. 6. CONSENT AGENDA: Commissioner Beskin requested removal of items 6-F and 6- G from the Consent Agenda. A motion to approve the remainder of the Consent Agenda was offered by Commissioner Grossman, seconded by Commissioner Diamond, unanimously passed and the following action was taken: A. The minutes of the October 5, 2004 Commission Meeting and October 21, 2004 Workshop Meeting were approved. B. Resolution No, 2004-56 was adopted 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 SOUTH FLORIDA MONEY LAUNDERING STRIKE FORCE VOLUNTARY COOPERATION MUTUAL AID AGREEMENT ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE, C. Resolution No. 2004-57 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND APPLY FOR THE FEDERAL DRUG CONTROL AND SYSTEM IMPROVEMENT PROGRAM GRANT AVAILABLE THROUGH THE MIAMI-DADE DEPARTMENT OF HUMAN SERVICES; TO APPLY FOR, RECEIVE, AND EXPEND $14,010 IN FUNDS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. D. Resolution No, 2004-58 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SELECTING THE FIRM OF BELL DAVID PLANNING GROUP IN ASSOCIATION WITH THE CORRADINO GROUP TO ASSIST IN THE PREPARATION OF THE EVALUATION AND APPRAISAL REPORT OF THE COMPREHENSIVE PLAN IN ACCORDANCE WITH RFQ NO. 04-9-15-2; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS AND FEES FOR SAID SERVICES; AUTHORIZING NEGOTIATIONS WITH ALTERNATE FIRM TO PERFORM THE REQUIRED SERVICES SHOULD NEGOTIATIONS WITH SELECTED FIRM BE UNSUCCESSFUL; 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. 2004-59 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA FLORIDA AUTHORIZING THE CITY MANAGER TO PARTICIPATE IN THE APPLICATION OF FUNDS FOR THE TECHNOLOGY ENHANCEMENT PROJECT GRANT AVAILABLE THROUGH THE MIAMI-DADE DEPARTMENT OF HUMAN RESOURCES, AS OUTLINED IN THE ATTACHED CONTRACT; TO FACILITATE THE EXPENDITURE OF APPROXIMATELY $61,494 IN FUNDS; AND AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION, INCLUDING THE EXECUTION OF AGREEMENTS WITH THE PURPOSE OF CREATING THIS PROGRAM IN COOPERATION WITH THE DADE COUNTY ASSOCIATION OF CHIEFS OF POLICE; AND PROVIDING AN EFFECTIVE DATE. Mayor Perlow left the room at this time. The following items were removed from the Consent Agenda and addressed separately: Mr. Wolpin read the following resolutions by title: 2 F, G, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING MARINA DEL REY SECOND REVISED, BEING A REPLAT OF A PORTION OF TRACT N OF MARINA DEL REY REVISED, PLAT BOOK 144, PAGE 89, LYING IN THE SOUTH % OF SECTION 3 TOWNSHIP 52 SOUTH, RANGE 42 EAST, CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING UPTOWN MARINA LOFTS, BEING A REPLAT OF A PORTION OF TRACT N OF MARINA DEL REY REVISED, PLAT BOOK 144, PAGE 89, A PORTION OF THE SOUTH % OF SECTION 3 TOWNSHIP 52 SOUTH, RANGE 42 EAST, CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Planning Director Joanne Carr and Cliff Schulman, Esq. addressed the Commission. A motion to approve item 6-F was offered by Commissioner Auerbach, seconded by Commissioner Grossman, unanimously passed 6- 0, with Mayor Perlow absent from the room and Resolution No. 2004-60 was adopted. A motion to approve item 6-G was offered by Commissioner Grossman, seconded by Commissioner Auerbach, unanimously passed 6-0, with Mayor Perlow absent from the room and Resolution No. 2004-61 was adopted. Mayor Perlow returned to the room at this time. 7. ORDINANCES: FIRST READING/PUBLIC INPUT: Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31-21 "DEFINITIONS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO INCLUDE DEFINITIONS FOR "SECONDHAND JEWELRY" AND "SECONDHAND PRECIOUS METALS" AND TO AMEND SECTION 31-144(c) "COMMUNITY BUSINESS (B2) DISTRICT" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO INCLUDE THE PURCHASE AND SALE OF SECONDHAND JEWELRY AND SECONDHAND PRECIOUS METALS AS A PERMITTED USE; TO REQUIRE PROVISION OF SECURITY PLANS FOR ESTABLISHMENTS THAT PURCHASE AND SELL SECONDHAND JEWELRY AND SECONDHAND PRECIOUS METALS AND TO PROHIBIT PAWNSHOPS IN THE "COMMUNITY BUSINESS (B2) 3 DISTRICT"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval, including the incorporation by reference into this hearing of all amendments and testimony, written and verbal, relative to this item given at the preceding Local Planning Agency meeting, was offered by Vice Mayor Cohen and seconded by Commissioner Diamond. 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. 8. PUBLIC HEARING: ORDINANCES - SECOND READING: Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 2 "ADMINISTRATION", AT ARTICLE IV "FINANCE", BY AMENDING SECTION 2-232 "REQUESTS FOR INFORMATION CONCERNING PENDING CHARGES OR LIENS; PREPARATION AND RECORDING OF LIENS AND LIEN SATISFACTIONS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. A motion for approval was offered by Commissioner Holzberg and seconded by Vice Mayor Cohen. Mayor Perlow opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 2004-18 was enacted. 9. RESOLUTIONS - PUBLIC HEARING: 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 p.m. Teresa M. Soroka, CMC, City Clerk Approved by the Commission on 4 Anyone wishing to appeai any decision made by the City Commission with respect to any matter considered at a meeting or heartng wiii need a record of the proceedings and. for such purpose. may need to ensure that a verbalim record of the proceedings is made. which record inciudes the testimony and evidence upon which the appeal is to be based. 5 A':!'he CIty of fi ventura -~- MINUTES CITY COMMISSION MEETING DECEMBER 16, 200410 a.m. Aventura Government Center 19200 W. Country Club Drive Aventura. Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 10 a.m. by Mayor Jeffrey M. Perlow. Present were Commissioners Zev Auerbach, Jay R. Beskin, Bob Diamond, Manny Grossman, Harry Holzberg, Vice Mayor Ken Cohen, 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, RESOLUTIONS: A. 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 AND OTHERWISE ENTER INTO THAT CERTAIN CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF AVENTURA AND BELL DAVID PLANNING GROUP, INC. FOR THE CITY OF AVENTURA EVALUATION AND APPRAISAL REPORT; 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 Grossman and seconded by Vice Mayor Cohen. The motion for approval passed unanimously and Resolution No. 2004-62 was adopted. B. 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 AND OTHERWISE ENTER INTO THAT CERTAIN ADMINISTRATIVE AND EDUCATIONAL SERVICES AGREEMENT BETWEEN CHARTER SCHOOLS USA, INC., CHARTER SCHOOLS USA AT AVENTURA, loC, 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 Holzberg and seconded by Vice Mayor Cohen. The motion for approval passed 6-1, with Commissioner Beskin voting no and Resolution No. 2004-63 was adopted. Mr. Soroka recommended to the Commission that the middle school begin operating the first year with Grade 6 only. A motion was offered by Vice Mayor Cohen, seconded by Commissioner Holzberg and unanimously passed to add this item to the agenda as an emergency discussion. A motion was offered by Vice Mayor Cohen, seconded by Commissioner Holzberg and unanimously passed to provide that the middle school operate during the first year with Grade 6 only and an additional grade be added each subsequent year through Grade 8. C. 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 AND OTHERWISE ENTER INTO THAT CERTAIN LEASE AGREEMENT BETWEEN THE CITY OF AVENTURA AND U. S. REPRESENTATIVE DEBBIE WASSERMAN SCHULTZ FOR OFFICE SPACE IN THE CITY OF AVENTURA GOVERNMENT CENTER; 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 Holzberg and seconded by Vice Mayor Cohen. Commission requested that the Lease Agreement be amended to provide that usage is non-exclusive and the office space may be utilized by other elected officials as authorized by the City. The motion for approval, as amended, passed unanimously and Resolution No. 2004-64 was adopted. 3. 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 11 a.m. Teresa M. Soroka, CMC, City Clerk Approved by the Commission on Anyone wishing to appeai 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 inciudes the testimony and evidence upon which the appeal is to be based. 2 A'!he C~ cJ. MINUTES ~ventura COMMISSION WORKSHOP MEETING -~- DECEMBER 16, 2004 Aventura Government Center 19200 W. Country Club Drive Aventu'a. Florida 33180 CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Jeffrey M. Perlow at 11 a.m. Present were Commissioners Zev Auerbach, Jay R. Beskin, Bob Diamond, Manny Grossman, Harry Holzberg, Vice Mayor Ken Cohen, 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. REVISED WATERWAYS PARK PLAN: Mr. Soroka advised the Commission that representatives of Gulfstream have approached the City regarding the possibility of rearranging the proposed park land to be purchased by the City in order to allow the southern extension of the racetrack and chute. Cliff Schulman, Esq., and David Northcutt, MEC Entertainment, representing Gulfstream, addressed the Commission. CITY MANAGER SUMMARY: Consensus to approve revised plan and proceed accordingly. 2. EAR COMPREHENSIVE PLAN UPDATE: The City's EAR consultant, Bell David Planning Group, Inc., addressed the Commission, explaining the process and providing a timeline. Commission provided their comments, concerns and other input. CITY MANAGER SUMMARY: Consultant to proceed and incorporate Commission's recommendations for further discussion. 3. DECORATIVE STREET LIGHTING FOR BISCAYNE BOULEVARD: Mr. Soroka requested Commission input as to whether or not this project should proceed. CITY MANAGER SUMMARY: Consensus to obtain Work Authorization from City's Landscape Architect for design and cost estimates. 4, VILLAGE AT GULFSTREAM PARK DRI UPDATE: Joanne Carr, Planning Director, provided an update on this project. Commission expressed their concerns and questioned the effect of the City's input. CITY MANAGER SUMMARY: City's outside legal counsel to address the Commission at the next available meeting to discuss how to proceed with future participation in this project. 5. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 12:35 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 OATE: December 15, 200 TO: City Commission FROM: SUBJECT: William Lehman Causeway ntage Roads Street Lighting Florida Department of Transportation Joint Project Agreement January 4, 2004 City Commission Meeting Agenda Item !.ü B Recommendation It is recommended that the City Commission adopt the attached Resolution authorizing the execution of the attached Joint Project Agreement with the Florida Department of Transportation (FOOT), for the William Lehman Causeway Frontage Roads Street Lighting Improvements project. Backaround As you are aware FOOT and the City staff have been working together to improve the lighting along the Causeway Frontage Roads. As part of the FOOT's permit approval and reimbursement of funds for the installation of street lighting within the William Lehman Causeway Frontage Roads and rights-of-way, the City is required to enter into a Joint Project Agreement with FOOT. The total project cost is $663,238. FOOT will reimburse the City $537,238. The remaining amount of $126,000 will be paid by the City which is the difference in cost of our decorative street lighting compared to FOOT's standard poles. The Agreement outlines the City's requirements and responsibilities as they pertain to construction, maintenance and monetary compensation from FOOT. If you have any questions, please feel free to contact me. Attachments RESOLUTION NO. 2005-- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED JOINT PROJECT AGREEMENT FOR STREET LIGHTING IMPROVEMENTS ALONG THE WESTBOUND AND EASTBOUND FRONTAGE ROADS OF THE WILLIAM LEHMAN CAUSEWAY BY AND 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. That the City Manager is hereby authorized to execute the attached Joint Project Agreement for Street Lighting Improvements along the frontage roads of the William Lehman Causeway by and between the City of Aventura and the Florida Department of Transportation. Section 2. That the City Manager is hereby authorized to do all things necessary and expedient 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 Zev Auerbach Commissioner Jay R. Beskin Commissioner Bob Diamond Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow Resolution No. 2005-- Page 2 PASSED AND ADOPTED this 4th day of January, 2005. JEFFREY M PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY JOINT PROJECT AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND CITY OF A VENTURA THIS AGREEMENT is made and entered into this - day of , 2005, between the State of Florida Department of Transportation, a component agency of the State of Florida, hereinafter referred to as the 'DEPARTMENT', and the City of Aventura, a municipal corporation of the State of Florida, hereinafter referred to as the 'CITY'. RECITALS: WHEREAS, the DEPARTMENT, under state Financial Project ill #415438-1-58-01, has drafted lighting contract plans for improvements on State Road 856, Williarn Lehman Causeway: Frontage Loop 101 (south side) and Frontage Loop 102 (north side), hereinafter referred to as the 'PROJECT', and, the individual elements of which are outlined in the attached Exhibit "A", 'Scope of Services', which is incorporated herein by reference; and WHEREAS, the CITY has agreed to supervise and inspect all aspects of PROJECT construction and administration; and WHEREAS, the CITY would like to replace the standard light poles included in the PROJECT with more expensive decorative light poles; and WHEREAS, the DEPARTMENT has agreed to reimburse the CITY for eligible PROJECT costs, exclusive of the difference in price between the decorative and standard light poles, and, as outlined in the attached Exhibit "B", 'Financial Estimate', which is incorporated herein by reference; and WHEREAS, the parties are authorized to enter into this Agreement pursuant to Section 339.08(e) and 339,12, Florida Statutes; NOW, THEREFORE, in consideration of the premises, the mutual covenants and other valuable considerations contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. INCORPORATION OF RECITALS The foregoing recitals are true and correct and are incorporated into the body of this Agreement, as if fully set forth herein. Page 1 of9 Joint Project Agreement between the Florido Department oJ Transportotion and the City oj Aventura, Financial Project ID #4/5438-1-58-01 2. GENERAL REQUIREMENTS a. The CITY shall submit this Agreement to its City Commission for ratification or approval by resolution. A copy of said resolution is attached hereto as Exhibit "C", 'Resolution', and is incorporated herein by reference. b. The CITY will provide the DEPARTMENT with a letter approving the lighting contract plans for the PROJECT. Said letter is attached hereto as Exhibit "D", 'Plans Approval Letter', and is incorporated herein by reference. c. The DEPARTMENT will provide the CITY with the required number of certified and permitted sets of lighting contract plans and construction documents prior to the CITY's construction bid advertisement. d. The CITY will advertise for bid, let the construction contract, administer, supervise and inspect all aspects of PROJECT construction until completion. All aspects of PROJECT construction and administration are subject to DEPARTMENT standards and specifications and must be in compliance with all governing laws and ordinances. e. PROJECT costs eligible for reimbursement under this Agreement are itemized in Exhibit "B", 'Financial Estimate'. 3. FINANCIAL PROVISIONS a. Eligible PROJECT costs may not exceed FIVE HUNDRED THIRTY-SEVEN THOUSAND TWO HUNDRED THIRTY-EIGHT DOLLARS ($537,238.00), as outlined in Exhibit "B", 'Financial Estimate'. If additional funding is required, contingent upon DEPARTMENT approval, a supplemental agreement between the DEPARTMENT and the CITY authorizing the additional DEPARTMENT funding shall be executed prior to such costs being incurred. b. The DEPARTMENT agrees to pay the CITY for the herein described services at a compensation as detailed in this Agreement. c. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the State Comptroller under Section 215.422(14), Florida Statutes, or by the Department's Comptroller under Section 334.044(29), Florida Statutes. d. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. e. Travel costs will not be reimbursed. Page 2 of9 Joint Project Agreement between the Florida Deportment of Transportation and the City of Aventura, Financial Project ID #415438-1-58-01 f. Records of costs incurred under the tenns of this Agreement shall be maintained 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 and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred includes the CITY's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors perfonning work on the project, and all other records of the contractor and subcontractors considered necessary by the D EP AR TMENT for a proper audit of costs. g. Nothing in this Agreement shall be construed to violate the provisions of Section 339.135 (6) (a), Florida Statutes, which provides as follows: The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its tenns, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, 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 such funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year. h. The DEPARTMENT's obligation to pay is contingent upon an annual appropriation by the Florida Legislature. 4. INDEMNIFICATION To the extent permitted by Section 768.28, Florida Statutes, the parties agree to indemnify each other for liability due to any act or omission, neglect or wrongdoing of a party or any of its officers, agents or employees. Further, the parties agree to defend each other against any and all such claims or demands which may be claimed and have arisen as a result of or in connection with the parties' participation in this Agreement. Nothing contained herein shall be construed to contradict the provisions of Section 768,28, Florida Statutes, nor shall this Section be construed to require either party to indemnify the other for the negligent acts of the other. 5. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of Florida. Page 3 of9 Joint Project Agreement between the Florida Department of Transportalion and the City of Aven,"ra, Financial Project ID #415438,1-58.01 6. AMENDMENT This Agreement may be amended by mutual agreement of the DEPARTMENT and the CITY expressed in writing, executed and delivered by each party. 7. INVALIDITY If any part of this Agreement shall be determined to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, if such remainder continues to conform to the terms and requirements of applicable law. 8. COMMUNICATIONS a. All notices, requests, demands, consents, approvals and other communications which are required to be served or given hereunder, shall be in writing and hand-delivered or sent by either registered or certified U.S. mail, return receipt requested, postage prepaid, or by electronic mail (e-mail) as described below in paragraph 8.c, addressed to the party to receive such notices as follows: To DEPARTMENT: Florida Department of Transportation 1000 Northwest 111 Avenue, Room 6137 Miami, Florida 33172-5800 Attn: Kenneth Robertson, JP A Coordinator Ph: (305) 470-5452; Fax: (305) 470-5552 To CITY: City of A ventura Government Center 19200 West Country Club Drive Aventura, Florida 33180 Attn: Antonio Tomei, Capital Projects Mgr. Ph: (305) 466-8923; Fax: (305) 466-8939 Federal Employer ID # (FEIN): 23-44-454070-54C b. Either party may, by notice given as aforesaid, change its address for all subsequent notices. Notices given in compliance with this section shall be deemed given when placed in the mail. c. Electronic mail (e-mail) communications to and from the DEPARTMENT regarding this Agreement, return receipt requested, are acceptable if addressed to or received from the two e-mail addresses below listed. Changes to these e- mail addresses, if any, shall be issued by the DEPARTMENT to the CITY in writing: Page 4 of9 Joint Project Agreement between the Florida Department afTransportation and the City of AvenlUra, Financial Project ID #415438-1-58-01 1. JPA Coordinator: 2. Project Manager: Kenneth.Robertson(CV,dot.state. fl. us Edward.P erez2 (ã)dot. state. fl. us 9. EXPIRATION OF AGREEMENT The CITY agrees to complete the PROJECT on or before June 30, 2006. If the CITY does not complete the PROJECT within this time period, this Agreement will expire unless an extension of the time period is requested by the CITY and granted in writing by the DEPARTMENT's District Six Secretary or Designee. Expiration of this Agreement will be considered termination of the PROJECT. 10. FINAL INVOICE The CITY must submit the final invoice on this PROJECT to the DEPARTMENT within 120 days after the expiration of this Agreement. Invoices submitted after the 120-day time period will not be paid. 11. ENTIRE AGREEMENT This Joint Project Agreement is the entire Agreement between the parties hereto, and it may be modified or amended only by mutual consent of the parties in writing. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day and year above written. CITY OF A VENTURA: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION: BY: BY: CITY MANAGER DISTRICT SECRETARY CITY CLERK ATTEST: (SEAL) EXECUTIVE SECRETARY ATTEST: (SEAL) LEGAL REVIEW: CITY ATTORNEY DISTRICT GENERAL COUNSEL Page 5 of9 Joint Project Agreement between the Florida Department o/Transportation and the City 0/ Aventura, Financial Project ID #415438-1-58-01 EXHmIT "A" SCOPE OF SERVICES The DEPARTMENT has drafted lighting contract plans for a new lighting system on State Road 856, William Lebman Causeway. This new lighting system will improve ambiance, safety and night visibility for pedestrian I residential traffic. The CITY will manage and inspect all aspects of PROJECT construction and administration until the PROJECT is completed. PROJECT Limits: State Road 856, William Lebman Causeway: Frontage Loop 101 (south side) and Frontage Loop 102 (north side), from approximately Mile Post .577 to approximately Mile Post 1.125. FDOT Financial Project ID: 415438-1-58-01 COUNTY: Miami-Dade DEPARTMENT Project Manager: Edward Perez-Maspons, P.E. CITY Project Manager: Antonio F. Tomei Page 6 of9 Joint Project Aweement between the Florida Deportment ofTransportadon and the City of Aventura. Financial Project ID #415438-1-58-01 EXHIBIT "B" FINANCIAL ESTIMATE All eligible PROJECT costs are itemized in the attached 'Florida Department of Transportation Financial Summary of Items' for 415438-1-58-01, which is herein incorporated by reference. The DEPARTMENT's responsibility for reimbursement to the CITY is calculated as follows: DEPARTMENT's Portion for Reimbursement: $537,238.00 CITY's Financial Responsibility: $126,000.00 + Total PROJECT Cost Estimate: $663,238,00 The CITY's financial responsibility is calculated based on the difference in price between the decorative and standard light poles as follows: Standard light poles Quantity Unit Price Total 63 (x) $3,500.00 $220,500.00 63 (x) $1,500.00 $94,500.00 Price Difference: $126,000.00 CITY's Financial Responsibility: $126,000.00 Description Decorative light poles Page 7 of9 Joint Project Agreement between the Florida Department a/Transportation and the City 0/ Aventura. Financial Project ill #415438-1-58-01 - - ------------- -~ - - '0000000000000000000' .--.----------------, ._----___--_00000000' .~~~~~~~~~~~o_-----_. ,,'....',...,..,.,.. . ,~~ ' '.0-- ---.-' '.0--------_--.-0---' ..,...',.",.,.,.." . '- ------ . '- ---------- .~----~~-~--~ I-- , e~~~eooooo03"~m.~,~' :~~~~~~~~~~~~~~~~~~~: ,~ cccccc.- "~e' :~~~~§~~~~~~~~~~~~~§i ." '"""00000000". O~-' :00 .~~~ -~~~~~~: i~~ ~~~ ~~~~~g: i :~~ E~~ ~E~~ ~~ : i§~~~~~~~~~~~~:~ ~~ ! :~oo~~~~~~~~~ge~~ : :~~ ~ ~~~~g~~ : :.~ .___000000 ~ ~ : :g "~~~~~~ - ~ : :~ ~nnn"""" < : ,~ 0000000000' ~ , '0- ~~~~--- ~ , :~3 ~ - . : :~~--~~~~~ ~ ~ : '§'oo~ ---0 ~ ~ ' :~j~~ß -6zz ~ - : , o.oo~-_. 00 . . : ~~õ~--~~ - : : té~~~~~~~~ : !"." ,,~§~~ ~-.¡;¡. ð§~¡;~ ;,,~~~~ ~-"'~~ ~~~~ !-" - r- ~ ! !'¡ hi. ~ q~ ~J¡ ~ I ~ + I ¡ \I: " ¿ " 12-'- :~~~~~~~~~~~~~~~~~~~: , . ~ , , 0 . . " ¡ooooooooooooooooooo!~ :~~~~~~~~~~~~~~~~~~~\1 , , : : ~ ¡ ~~.~~~ --~~ ¡~ i~~~~i;;~;~;~;~;~;ii:~ '" ê ~ '" ~ ~ ~ ~ ~ ~ "' ~ ~! ! ~ ~ '0 0 , 'Ý " . , ~ ~~::;:~ ~ ~~!!i~ ~ .,., : ø: § : !!: ~ :~;~ ~ : :!ï ~ _: : Õ ~2 i i ~ õ : : ~ ~ i ¡ i . '0 : : ~ ! ! ~ , .. : : ~ ~§: : 7 ¡Iiil :1 , 0' , c, : ~~-~~~ --~~ : ~~: :~~~~~~~~~õ~~~~~~?~~: ~~i, '0000000.00000000000' '0000000000000000000' '0000000000000000000' . , . , . . ~ ~~ ~~ !: 2~ '~ ~, I: ~I ;~ ¡~ EXHIBIT "c" CITY RESOLUTION To be herein incorporated once ratified by the City of Aventura's City Commission. Page 8 of9 Joint Project Aweement between the Florida Department of Transportation and the City of Aventura. Financial Project ID #415438-1-58-01 EXHIBIT "D" Plans Approval Letter Said letter will be herein incorporated once the lighting contract plans receive final approval from the CITY. Page 9 of9 Joint Project Agreement between the Florida Deparlment of Transportanon and the City of Aventura. Financial Project ID #415438-1-58-01 CITY OF A VENTURA OFFICE OF THE CITY MANAGER MEMORANDUM BY: City Commission . ~ çf Eric M. Soroka, ~ Mpnager Amo";o F. To"". Cap,,"' Pro- a~' ~ äJ' j December 21, 2004 TO: FROM: DATE: SUBJECT: Bid No: 04-12-3-2 January 4, 2005 City Commission Meeting Agenda Item 6 C Recommendation It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 04-12-3-2, Police Egress Lane and Dumpster Relocation to the lowest responsible and responsive bidder, Paramount Engineering, Inc. for the price of $77,375.98. A $79,000 budget was established and will be funded by the Police Department Forfeiture Fund - Line Item Number 615-2001-521-6401. Backaround In accordance with the City's Purchasing Ordinance, bids for this project were solicited, advertised, and opened on December 10, 2004. The City received seven (7) bids for this project. Paramount Engineering, Inc. Homestead Concrete TRW Contracting, Inc. Arrow Asphalt & Engineering Straitline Engineering Group Development & Communication Group of Florida, Inc. Darcon Group Corp. $ 77,375.98 $ 94,349.10 $ 98,800.00 $123,981.90 $133,638.00 $134,212.00 $206,141.56 This bid price allows for the construction of an egress lane adjacent to the north side of Government Center for use by the Police Department in responding to emergency calls. In addition, the existing dumpster in conflict with the proposed egress lane will be relocated. Drainage improvements are also included in the project. If you have any questions or need any additional information, please feel free to contact me. Attachment: RESOLUTION NO. 2005-- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 04-12-3-2, POLICE EGRESS LANE AND DUMPSTER RELOCATION, TO PARAMOUNT ENGINEERING, INC. AT THE BID PRICE OF $77,375.98; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Aventura, Florida, has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids for BID NO. 04-12-3-2, Police Egress and Dumpster Relocation; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and requirements for the projectlwor1< as cited above; and WHEREAS, staff has determined that Paramount Engineering, Inc. has submitted the lowest responsible and responsive bid for said projectlwor1<; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1: That bid/contract for BID NO. 04-12-3-2, Police Egress and Dumpster Relocation, is hereby awarded to Paramount Engineering, Inc. in the amount of $77,375.98. Resolution No. 2005-- Page 2 Section 2: That the City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the parties embodying the terms, conditions, and specifications as set forth in the subject Invitation to BidlNotice to Bidders, bid specifications, bid proposal and bid requirements, or if a City prepared contract was part of said bid proposal, said parties shall execute said prepared contract on behalf of the City. Section 3: That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. Section 4: That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from Police Forfeiture Fund Budget Line Item Number 615-2001-521-6401. Section 5: This Resolution shall be effective immediately upon its adoption. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Jay R. Beskin Commissioner Bob Diamond Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow Resolution No. 2005-- Page 3 PASSED AND ADOPTED this 4th day of January, 2005. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA BID TABULATION POLICE EGRESS LANE & DUMPSTER RELOCATION BID NO. 04-12-3-2 BID OPENING AT 2:00 PM ON DECEMBER 10, 2004 '1 Total Base Bid Alternate Bid Addendums Proper Bid Schedule Subs Listed Bidder Items Acknowtedged Bond otValues Qual. Stm!. Darcon Group Corp. 196,825.56 9.316.00 Yes Yes Yes Yes Yes Project Manual Public 4 Copies of Certificate or Certificate of Included Entity Cnme Bid Insurance Competencies Affidavil No Yes No Yes Yes Total Base Bid Altemate Bid Addendums Proper Bid Schedule Subs Listed Bidder Items Acknowledged Bond or Values Qual.Stm!. Paramount Engineering Inc. 73,434.98 3.941.00 Yes Yes Yes Yes Yes Project Manual Public 4 Copies of Certificate or Certificate of Included Entity Cnme Bid Insuranee Competencies Affidavit No No No No Yes Total Base Bid Alternate Bid Addendums Proper Bid Schedule Subs Listed Bidder Items Acknowledged Bond of Values Qual. Stm!. Development & Camm Group 128,212.00 6.000.00 Yes Yes Yes No Yes Project Manual Public 4 Copies of Certificate or Certificate or Included Entity Cnme Bid Insurance Competencies Affidavit Yes Yes Yes No Yes ;; Total Base Bid Alternate Bid Addendums Proper Bid Schedule Subs Listed Bidder Items Acknowledged Bond or Values Qual. Stm!. ~ AITOW Asphalt 123.981.90 Not Provided Yes Yes Yes Yes No Project Manuel Public 4 Copies or Certificate or Certificate of Included Entity Crime Bid Insurance Competencies Affidavit No No No No No :) Total Base Bid Alternate Bid Addendums Proper Bid Schedule Subs Listed Bidder Items Acknowledged Bond of Values Qual. Sfm!. TRW Contracting. Inc. 92,800.00 6,000.00 Ves Ves Ves Ves Ves Project Manual Public 4 Copies of Certificate of Certificate of Included Entity Crime Bid Insurance Competencies Affidavit No Ves Ves Ves Ves Total Base Bid Alternate Bid Addendums Proper Bid Schedule Subs Listed Bidder Items Acknowledged Bond of Values Qual. Sfm!. Homestead Concrete 94.349.10 Not Provided Ves Ves Ves Ves Ves Project Manual Public 4 Copies of Certificale of Certificate of Included Entity Cnme Bid Insurance Competencies Affidavit Ves No No Ves Ves Total Base Bid Alfemate Bid Addendums Proper Bid Schedule Subs Listed Bidder Items Acknowledged Bond of Values Qual. Stm!. Straight"ne Engineenng Group 83.638.00 50.000.00 Ves Ves Ves No Ves Project Manual Public 4 Copies of Certificate of Certificate of Inctuded Entity Cnme Bid Insuranee Competencies Affidavif No Ves Ves Ves Ves 2. ~ Tony Tomei From: Sent: To: Cc: Subject: Kevin Hart [Khart@craventhompson.coml Friday. December 17,200410:01 AM Tony Tomei Paul KNIGHT: Shaun Bamforth City Hall Egress Lane and Dumpster Relocation Tony, At your request, we have reviewed the apparent low bid package submitted by Paramount Engineering, Inc, for this project. Based on our review of the package and a check of references, we reconunend award of the contract to Paramount Engineering, Inc. Please call me with any questions. Kevin Hart, P.E. Craven Thompson and Associates, Inc. 3563 N,W, 53rd Street Fort Lauderdale, FL 33309-6311 954-739-2002 (office) 954-651-5945 (mobile) 954-739-2266 (fax) CITY OF A VENTURA ~ " ~~ ...ç t\ß-lf' ecl'~ ~ s'/"e POLICE EGRESS LANE AND DUMPSTER RELOCATION PR OJECT MANUAL BID NUMBER 04-12-3-2 CT&A PROJECT No. 01-0103.044 NOVEMBER 2004 Item Quantity 2 3 2 2 3 356 4 26 5 137 6 246 7 246 270 2 SCHEDULE OF VALVES FOR LUMP SUM CO~ìRACT GENER<\.L REQUIREMENTS BASE BID Description Unit Unit Price Extended Cost LS $ 5,300.00 $ 5,300.00 LS $ 4,100.00 S 4,100.,00 LS $ 5,436.00 $ 5,436.00 GENER.\L General Conditions Mobilization Clearing and Grubbing DUMPSTER RELOCA nON Construct New Dumpster Enclosure LS $ /6,53~0;oa" $ 6,530;1>0 -. LS $ 2,070.00 $ 2,070.00 Demo Existing Dumpster Enclosure POLICE EGRESS Lk"lE Relocate Existing Utilities LS $ 3,300.00 $ 3,300.00 EA $ 2,394.00 $ 4,788.00 LF $ 10.70 $ 3,809.00 LF $ 34.00 $ 884.00 LF $ 87.00 $ 11,919.00 Sy $ 14.63 $ 3,598.98 Sy $ 17.00 $ 4,182.00 Sy s 27.00 $ 7,290.00 Type 'C-4' Drainage IDlet (48" Round) Type D Curbing with Curb Pad 15"RCP 15" RCP with Extiltration Trench 1 \1," Type S-III Asphalt 8" Limerock t2" Subgrade Police Egress Lane and Dumpster Relocation City of Avenrura Bid No. 04-12-3-2 CT&A Project No. 01-0103.044 00410 - 4 Adjust Rim Elevation On Èxisting Catch Basin EA S 600.00 600.00 10 2 Core Existing Drainage Structures EA $ 415.00 830.00 11 2 Sawcut & Match Existing Pavement EA $ 370.00 740.00 12 192 Remove Existing Concrete Banier LF $ 2.6562 S 510.00 ]3 25 Remove Existing Curb and Gutter 19.44 486.00 14 Landscape and Inigaiion F,estoratiO1vRelocations LS S 2,300.00 2,300.00 15 2 Pedestrian Access Ramps wi Detectable Warning EA S 1,531.00 $ 3,062.00 Strips 16 Signing and Marking LS $ 1,700.00 1,700.00 TOTAL VALUE OF BASE BID $ 73.434.98 AL TERNA TE BID GENERAL Unit Unit Price Extended Cost LS $ 3,941.00 $ 3,941.00 Item Quantity Description Provide center drain for dumpster enclosure pad with 4" PVC drainage connection to existing drainage structure, including two 4' cleanouts and all restoration. TOTAL VALUE OF ALTERNATE BID $ 3,941.00 Police Egress Lane and Dumpster Relocation City of Aventura Bid No. 04-12-3-2 . CT&A Project No. 01-0103.044 00410 - 5 SECTION 00100 ADVERTISEMENT FOR BIDS Sealed bids will be received at the Office of the City Manager, City of Aventura, 19200 West Country Club Drive, Aventura, Florida, 33180, until 2:00 P.M. (EST), December 3,2004 at which time they will be opened and read aloud for: Police Egress Lane and Dumpster Relocation Bid Number 04-12-3-2 The Project is generally described as paving and drainage improvements for an emergency egress drive at City Hall and the relocation of an existing dumpster enclosure. The Work involved with the Project shall include, but may not be limited to, the furnishing of all labor, materials, tools. equipment, machinery, superintendence and services necessary for the complete in place construction of the Project. A mandatory Pre-Bid Conference will be held at 10:00 AM (EST), on November 16, 2004. The Pre-Bid Conference will be held at The City Of AvenlUra, City Hall, (the Issuing Office). Anyone arriving more than 10 minutes after the scheduled start time will not be admitted. The Project Manual, Plans and other information are on file at the Issuing Office of: The City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 (305) 466-8925 and they may be examined at the Issuing Office, without charge. Copies of the Projeci Manual and thePlans may be obtained from the Issuing Office upon the payment of $100.00 dollars (U.S.) to the CIty of Aventura. This fee is non-refundable. The City of Aventura reserves the right, for any reason, to reject any and all bids, to waive any informality, irregularity or technicality in any bid, to re-advertise for bids, or take any other such actlOns that may be deemed to be in the best interests of the City. Eric M. Soroka. City Manager END OF SECTION Police Egress Lane and Dumpster Relocation City of Aventura Bid No. 04-12-3-2 CT&A Project No. 01-0103.044 00100 - 2 SECTION 00410 BID FOR.'YI THIS BID IS SUBMITTED TO: City of A ventura 19200 West Country Club Drive Aventura. Florida 33180 BID FOR: Police Egress Lane and Dumpster Relocation BID No: 01-0103.044 The undersigned BIDDER proposes and agrees, if this Bid is-accepted, to enter into an agreement with The City of Aventura in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 1. (b) (c) (d) (e) BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to BIDDER'S, including without limitation those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 180 days after the day of Bid opening. BIDDER agrees to sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within ten days after the date of City's Notice of Award. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of all which is hereby acknowledged.) Addendum No. ONE Addendum No.'IID Addendum No.THREE Addendum No. Dated: 11/23/04 Dated: 11/30/04 Dated: 12/02/04 Dated: BIDDER has familiarized themselves with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Law and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of physical conditions. BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost. progress, performance, or furnishing of the Work at the Contract Price. within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER for such purposes. BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No Police Egress Lane and Dumpster Relocation City of Aventura Bid No. 04-12-3-2 CT&A Project No. 01-0103.044 00410 - 1 additional examinations. investigations. explorations. tests, reports or similar infonnation or data in respect of said Underground Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. (I) BIDDER has correlated the results of all such observations, examinations. investigations. explorations, tests, reports and studies with the terms and conditions of the Contract Documents. (g) BIDDER has given Consultant written notice of ail conflicts, errors, discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Consultant is acceptable to BIDDER. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid: BIDDER has not solicited or induced any person. firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over the City. 3. BIDDER understands and agrees that the Contract Price is lump sum to furnish and install all of the Work complete in place. The Schedule of Values is provided for the purpose of Bid Evaluation and when initiated by the City, the pricing of change orders. Contractor's price will not be adjusted to reflect any deviation from the Schedule Of Values, except to the extent that the City changes the scope of Project after the Contract Date. As such the Contractor shall furnish all labor, materials, equipment, tools superintendence and services necessary to provide a complete in place Project for the Bid Price of: SEVENI'Y THREE THOUSAND, FOUR HUNDRED THIRTY FOUR 98/100 $ 73,434.98 dollars and 98 cents LUMP SUM (Written Total Bid Price - From Schedule Of Values) BIDDER agrees that the work will be complete in full within 90 calendar days from the date stipulated in the Notice to Proceed, 4. Communications concerning this Bid shall be addressed to: BIDDER: Address: P;,r;mn¡mt Engineerim. Inc. 21)1)1 Nnrl-heri"t 184th Terrace. 2nd Level ~rth Miami Beach, FL 33160-2038 305 933-0478, 954 448-5841 786428-0023 Erick Hutton Telephone Facsimile Number Attention: Police Egress Lane and Dumpster Relocation City of Aventura Bid No. 04-12-3-2 CT&A Project No. 01-0103.044 00410 - 2 5. The terms used in this Bid which are defined in the General Conditions of the Construction Contract included as part of the Contract documents have the meanings assigned to them in the General Conditions. SUBMITTED THIS ---.!.Q. DAY OF OecenWr ,2004. Police Egress Lane and Dumpster Relocation City of Aventura Bid No. 04-12-3-2 CT&A Project No. 01-0103.044 00410 - 3 SIGNATURE PAGE FOR A CORPORATION By: ParaIlDlIDt En<rlneerincr. Inc . (Corporation Name) Florida (State of Incorporation) By: Rri d< Hntt.on (Name of Person Authorized to Sign) President (Title) (Corporate Seal) Attest: ~"õ LLl LL~ ~.~ , ~ (President) Business address: 2551 Northeast 184th Terrace, 2nd Level North Miami Beach, Florida 33160-2038 Phone No: 305 933-0478, 954 448-58Jtàcsimile No: 786 428-0023 Police Egress Lane and Durnpster Relocation City of Avenrura Bid No. 04-12-3-2 CT&A Project No. 01-0lO3.O44 oo4lO - 8 CERTIFICATE OF AUTHORITY (IF CORPORA TION) STATE OF ) ) 55: ) COUNTY OF I HEREBY CERTIFY that a meeting of the Board of Directors of the ParaITDunt Enr;rineering, In<"- a corporation existing under the laws of the State of Florida , held on 09/30 20~ ' the following resolution was duly passed and adopted: "RESOLVED, that, as President of the Corporation, be and is hereby authorized to execute the Bid dated. December 10, 2004 , to the City of AventUra and this corporation and that their execution thereof, attested by the Secretary of the Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this Corporation. ' I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affIXed the official seal of the corporation this 9""'Y'f~. ,2004 . Secretary: ---f; - (SEA) Police Egress Lane and Dumpster Relocation City of AventUra Bid No. 04-12-3-2 CT&A Project No. 01-0103.044 00410 - 10 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT FROM: MEMORANDUM City commiSSiof(c~ Eric M. Soroka, I -C City Manager '" Joanne Carr, AIC~ Planning Director . TO: BY: DATE: October 25, 2004 SUBJECT: Amendment to Section 31-21 "Definitions" of the City's land Development Regulations to include definitions for secondhand jewelry and secondhand precious metals; Amendment to Section 31-144(c) "Community Business (B2) District", to include the purchase and sale of secondhand jewelry and secondhand precious metals and to prohibit pawnshops in the B2 district (04-lDR-04 ) November 9, 2004 local Planning Agency Agenda Item ~ 1st Reading November 9,2004 City Commission Meeting Agenda Item í 2nd Reading January 4, 2005 City Commission Meeting Agenda Item ~ RECOMMENDATION It is recommended that the City Commission approve amendments to Sections 31-21 and 31-144(c) of the City's land Development Regulations to define secondhand jewelry and secondhand precious metals, to permit their sale and purchase and to prohibit pawnshops in the Community Business (B2) District. THE REQUEST The applicant, Clifford A. Schulman, on behalf of Champion Retail Limited Partnership, is requesting amendments to Section 31-21 "Definitions" and to Section 31-144(c), "Community Business (B2) District" to define and permit sale and purchase of secondhand jewelry and secondhand precious metals and to prohibit pawnshops. ANALYSIS Standards for reviewing proposed amendments to the text of the LOR: 1. The proposed amendment is legally required. The proposed amendments are legally required to define and permit new uses in the Community Business (B2) zoning district. 2. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The proposed amendments are consistent with the goals and objectives of the Comprehensive Plan. The Business and Office future land use category envisions the full range of sales and service activities. 3. The proposed amendment is consistent with the authority and purpose of the LOR. The proposed amendments are consistent with the authority and purpose of the Land Development Regulations. The amendments will establish regulations, procedures and standards for review and approval of development. They will foster and preserve public health, safety, comfort and welfare. 4. The proposed amendment furthers the orderly development of the City. The proposed amendments further the orderly development of the City. 5. The proposed amendment improves the administration or execution of the development process. The proposed amendments improve the administration or execution of the development process in that it provides regulations and standards for future development. DescriptionlBackground of Proposed Amendment The applicant wishes to establish a jewelry exchange in a vacant tenant space in a retail plaza on Biscayne Boulevard. The site is zoned B2, Community Business District. The nature of a jewelry exchange is the sale and purchase of secondhand jewelry and precious metals along with new merchandise. These sales and purchases occur amongst customers and amongst vendors in the jewelry exchange that occupy the same unit or establishment. Current code regulations prohibit the sale of good other than to the ultimate consumer, prohibit the sales and display or storage of used merchandise other than antiques and prohibit purchase of used goods. The intent of these regulations, originally enacted in July of 1999, was to prohibit pawnshops. In order to allow a jewelry 2 exchange, the applicant is proposing amendments to the definitions section of the Code and to the permitted and prohibited uses in the B2 zoning district. The following are the proposed amendments to Section 31-21 of the City's land Development Regulations. They include a definition of secondhand jewelry and secondhand precious metals. These definitions are specific in that only precious gemstones and precious metals only are allowed. Semi-precious stones and other metals will not be permitted. 1. Section 31-21, "Definitions" of t~e City's land Development Regulations is hereby amended as follows: Secondhand iewelrv shall mean anv item of personal property or object of yalue previously owned or used. which is not sold as new. and which contains one or more diamonds. emeralds. rubies. sapphires or other precious qemstone. Secondhand precious metals means any item of personal property or object of value. previously owned or used. which is not sold as new. and which contains qold. silver, platinum or other precious metal. This amendment defines the type of jewelry and metals permitted to be sold and purchased. The following are proposed amendments to the B2, Community Business District. The sale and purchase of secondhand jewelry and secondhand precious metals are added to permitted uses and also exempted from prohibited uses. Pawnshops are added as a prohibited use. 2. Section 31-144(c), "Community Business (B2) District" of the land Development Regulations is hereby amended as follows: (c) Community Business (B2) District. (1 ) Uses permitted. No building or structure, or part, thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses provided the requirements set forth elsewhere in this section are satisfied: ee-. ^ccOCEOr¡ usoc ::md ctructuroc. ee. Stores for the sale or purchase of secondhand jewelry andlor 1 Underlined provisions constitute additions to existing text; ctricken thre~§h provisions indicate deletions from existing text. 3 secondhand precious metals. directlv to the ultimate consumer only. except that sales and purchases may be made between vendors occupyinq the same unit or establishment. Such stores shall provide a securitv plan for review bY the Citv Manaqer or his desiqnee. IT, Accessory uses and structures. (3) Uses Prohibited. The permitted uses enumerated in this district shall not be construed to include, either as a principal or accessory use, any of the following: c. Sale of goods to other than the ultimate consumer, except sale of secondhand jewelry and secondhand precious metals between vendors occupvinq the same unit or establishment. e. Sales, display or storage of used merchandise, other than antiques and secondhand jewelry and secondhand precious metals. f. Purchase of used goods, other than secondhand jewelry and secondhand precious metals. ~ Pawnshops. §lL Sale of fruit or merchandise from trucks, wagons or other vehicles parked on or along public or private streets or from open stands or vacant lots. Such business on private or public property shall be conducted only from within approved permanent substantial buildings. The above amendments will allow a jewelry exchange in the B2, Community Business District, but will prohibit pawnshops. 4 ORDINANCE NO, 2005-- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 31-21 "DEFINITIONS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO INCLUDE DEFINITIONS FOR "PREVIOUSLY OWNED JEWELRY" AND "PREVIOUSLY OWNED PRECIOUS METALS" AND TO AMEND SECTION 31-144(c) "COMMUNITY BUSINESS (B2) DISTRICT" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO INCLUDE THE PURCHASE AND SALE OF PREVIOUSLY OWNED JEWELRY AND PREVIOUSLY OWNED PRECIOUS METALS AS A PERMITTED USE; TO REQUIRE PROVISION OF SECURITY PLANS FOR ESTABLISHMENTS THAT PURCHASE AND SELL PREVIOUSLY OWNED JEWELRY AND PREVIOUSLY OWNED PRECIOUS METALS AND TO PROHIBIT PAWNSHOPS IN THE "COMMUNITY BUSINESS (B2) DISTRICT"; 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 permit the sale of previously owned jewelry and previously owned precious metals in the 82 zoning district; and WHEREAS, the City Commission desires to permit the sale of previously owned jewelry and previously owned precious metals in the 82 zoning district but not to permit pawnshops; 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 proposed amendments 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 the Ordinance and has determined that such action is consistent with the Comprehensive Plan. Ordinance No. 2005-- Page 2 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Section 31-21, "Definitions" of the City's land Development Regulations is hereby amended as follows': Previouslv owned iewelrv shall mean any item of personal property or obiect of value previously owned or used. which is not sold as new. and which is a watch or which contains one or more diamonds. emeralds. rubies, sapphires or other precious qemstone. Previously owned orecious metals means any item of personal property or object of value. previously owned or used. which is not sold as new. and which contains qold. silver. platinum or other precious metal. Section 2. Section 31-144(c), "Community Business (B2) District" of the land Development Regulations is hereby amended as follows 1: (c) Community Business (B2) District. (1 ) ee-. ee. fl Uses permitted. No building or structure, or part, thereof, shall be erected, altered or used, or land used in whole or part for other than one or more of the following specific uses provided the requirements set forth elsewhere in this section are satisfied: AC68668ry ¡,j686 aAE! 6tructur8S. Stores for the sale or purchase of previously owned jewelry and/or previously owned precious metals, directly to the ultimate consumer only. except that sales and purchases may be made between vendors occupvinq the same unit or establishment. Such stores shall provide a security plan for review and approved bv the City Manaqer or his desiqnee. Accessory uses and structures. 1 Underlined provisions constitute additions to existing text; 8triGI~eR tRrÐ~€JR provisions indicate deletions from existing text. Ordinance No. 2005-- Page 3 (3) Uses Prohibited. The permitted uses enumerated in this district shall not be construed to include, either as a principal or accessory use, any of the following: c. Sale of goods to other than the ultimate consumer, except the sale of previouslv owned iewelrv and previously owned precious metals between vendors occupyina the same unit or establishment. e. Sales, display or storage of used merchandise, other than antiques and previously owned iewelrv and previously owned precious metals in accordance with paraaraph (c)(1 )(ee). L Purchase of used goods, other than previously owned iewelrv and previously owned precious metals in accordance with paraaraph (c)(1 )(ee). fh Pawnshops. ~th. Sale of fruit or merchandise from trucks, wagons or other vehicles parked on or along public or private streets or from open stands or vacant lots. Such business on private or public property shall be conducted only from within approved permanent substantial buildings. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. It is the intention of the City 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 Ordinance No. 2005-- Page 4 may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Vice Mayor Ken Cohen, who moved its adoption on first reading. This motion was seconded by Commissioner Bob Diamond, and upon being put to a vote was as follows: Commissioner lev Auerbach Commissioner Jay R. Beskin Commissioner Bob Diamond Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Ken Cohen Mayor Jeffery M. Perlow yes yes yes yes yes yes yes 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 was as follows: Commissioner lev Auerbach Commissioner Jay R. Beskin Commissioner Bob Diamond Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Ken Cohen Mayor Jeffery M. Perlow PASSED on first reading this 9th day of November, 2004. Ordinance No. 2005-- Page 5 PASSED AND ADOPTED on second reading this 4111 day of January, 2005. 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 January, 2005. She :Ælami Herat~ -- Published Dailv MIAMI, FLORIDA STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared: MARIA ANGEL . Who on oath that she is ADVERTISING OFFICE MANAGER Of the Miami Herald Publishing Company, a daily newspaper at Miami in Dade County, Florida; that the advertisement for City Of Aventura was published in said newspaper in the issue of: Miami Herald, local section Thursday, December 9th, 2004. AffIant further says that the said Miami Herald is a newspaper published at Miami, in the said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade, County, Florida, each day and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the f'11'St publication of the attached copy of advertisement. *:NGEL C' - -_.-JU Sworn to and subscribed before me This~day of ~.l-'L ...;.L.::; ~.,6;. ~F- A.D. 2004 900 West 49th Stceet, SuHe 500, Hialeah, FL 33012 ""","'.""',,., ~ " "e~,,5;.J' CITY OF AVENTURA NOTICE OF AMENDMENT OF THE CITY'S LAND DEVELOPMENT REGULATIONS Public Notice. is hereby given that the Aventura City Commission will meet in a public hearing on, Tuesday, January 4, 2005 at 6:00 p.m. to consider on second and final reading. adoption of the following Ordinance: AN ORDINANCE OF THE eri'Y OF AVENTURA, FLORIDA, AMENDING SECTION 31-21 "DEFINITIONS" OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO INCLUDE , DEFINITIONS FOR "PREVIOUSLY OWNED JEWELRY" AND "PREVIOUSLY OWNED PRECIOUS METALS" AND TO AMEND SECTION 31-144(c) "COMMUNITY, BUSINESS (B2) DISTRI,Cr' OF THE CITY'S LAND DEVELOPMENT, REGULATIONS TO INCLUDE THE' PURCHASE AND ,SALE OF PREVIOUSLY OWNED JEWELRY AND PREVIOUSLY OWNED PRECIOUS METALS ASA PERMITTED USE; TO REQUIRE PROVISION OF SECURITY ,PLANS FOR ESTABLISHMENTS THAT,. pURCHASE, AND SELL' PREVIOUSLY OWNED JEWELRY AND' PREVIOUSLY OWNED PRECIOUS METALS AND TO PROHIBIT ,PAWNSHOPS IN THE "COMMUNITY BUSINESS (B2) DISTRICT", PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. ' , , , The' above described Public Hearings will be held commenci'ng at 6:00pm on Tuesday. JanuaJ)' 4. 2005. at City of Aventura Government Center. 19200 West Country Club Drive, Aventura. Florida, 33180. The proposed Ordinance may be inspected by the public at the Office of the City Clerk. 19200 , West Country Club Drive. Avemura. Florida. 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 procèedlng'because of that disability should contact the Office of the City Clerk, (305) 466-8901 ,not later than two business days prior to such proceedings. If a person decides to appeal any decision made by the City Commission. as Local Planning Agency or as the governing body, with respect to any matter considered at a meeting or hearing. that person will need a record of the proceedings and. for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based, Teresa M. Soroka, CMC, City Clerk CITY OF A VENTURA NOTICE OF PUBLIC HEARING Date and Time of Public Hearing: Tuesday. January 4. 2005 6:00 p.m. Applicant NamelNumb<or: Clifford A. Schulman for TAG Regina Square. LId) 05-CU-D2 (Modifica- tion) Applicant Request: The applicant is requesting modifica- tion to the conditional use approval graI1ted tI1rough Resolution No. 2002-46 to change the exterior color of tI1e Phase 1 buildings from earih tonestoblueaI1dwhite. Location 01 Subject Property: 18741 BiscayneBoulevard LaehmaI1n's Fashion Plaza Legal Description: Part of Tracts B & C, Regina Square Subdivision, recorded in ?Jat Book 113, Page 27 of tI1e Public Records of Miami-Dade County (complete le- gal description avaiiable at the Aven- tura Govemment Center, Communi- ty Development Department). Plans are on file and may be examined during regular business hours in the City of Aventura Govemment Center, Community Development De- partment. 19200 West Country Club Drive, Aventura, Florida. 33180. ' Plans may be modified at or before the Public Hearing. The application! may change during the hearing process. . The Public Hearing will be held at City of Aventura Govemment Center. 19200 West Country Club Drive, Aventura. Florida 33180. Your com- ments may be made in person at the hearing or IIled in writing prior to the hearing date. Refer to applicanUproperty on correspondence and mail same tc City of Aventura Government Cen..r. Community Development Department, Aventura. Florida, 33180. Forlurther information. please call (305) 468-8940. In accordance with the Americans with Disabilities Act of 1990. all per- sons who are disabled and who need special accommodations to partici- pate in this proceeding because of that disabiiity should contact the Office of the City Clerk, 466-a901. not later than two business days prior to such proceedings. If a person decides to appeal any decision made by the City Commission with respect to any mailer considered at a meeting or hearing. that person will need a record of the proceedings and, for such pur¡Jose. may need to ensure that a vertJatim record of the proceedings is made. which reccrd includes the testimony and evidence upon which the appeal is to be based. 12/15 Teresa M. Soroka. CMC, City Clerk 04-3-011507454M