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11-18-1997 CC Meeting Agenda Arthur L Snyder, Mayor Jay R. Beskin, Vice Mayor Conncilmembers Arthur Berger Ken Cohen Harry Holzberg Jeffrey M. Perlow Patricia Rogers-Libert Council Meeting November 18, 1997 6:00 P.M. Columbia A ventura Medical Arts Building 21110 Biscayne Boulevard Suite 101 A ventura, Florida 33180 AGENDA 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. ZONING HEARINGS - SPECIALLY SET BY COUNCIL FOR 6 P.M. QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the Council's agenda are quasi-judicial in nature. If you wish to object or comment upon these items, please indicate the item number you would like to address when the announcement regarding the quasi-judicial item is made. You must be sworn before addressing the Council, and if you wish to address the Council, you may be subject to cross-examination. If you refuse to submit to cross-examination, the Council will not consider what you have said in its final deliberations. DISCLOSURE OF ANY EX-PARTE coMMUNICATIONS PURSUANT TO ORDINANCE 96-09 A. APPLICANT: RAINFOREST CAFE, INC. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A VENTURA, FLORIDA, GRANTING SPECIAL EXCEPTION APPROVAL FOR November 18, 1997 Council Meeting PROPERTY LOCATED AT 19501 BISCAYNE BOULEVARD TO PERMIT AN ADDITIONAL RESTAURANT WITH A COCKTAIL LOUNGE-BAR WITHIN A SHOPPING CENTER WHERE ONE (1) SUCH RESTAURANT WITH A COCKTAIL LOUNGE-BAR IS PERMITTED IN A SHOPPING CENTER; PROVIDING FOR AN EFFECTIVE DATE. B. APPLICANT: A VENTURA SHOPS, INC. 4. APPROVAL OF MINUTES: Council Meeting Workshop Meeting November 4, 1997 November 10, 1997 5. AGENDA: Request for Deletions/Emergency Additions 6. SPECIAL PRESENTATIONS: None 7. CONSENT AGENDA A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA ESTABLISHING INTERIM SERVICES FEES FOR PROPERTIES NOT YET INCLUDED IN THE COUNTY'S TAX ROLL; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (Establishes interim service fee for new developments not yet included on the tax roll) B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A VENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED INTERLOCAL AGREEMENT FOR PROFESSIONAL SERVICES ASSOCIATED WITH NPDES OPERATING PERMIT BY AND BETWEEN THE CITY OF A VENTURA AND METROPOLITAN DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 2 November 18, 1997 Council Meeting (Authorizes execution ofInterlocal Agreement with DERM to perform work associated with the NPDES Operating Permit) C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 15414.39 TO PREPARE CONSTRUCTION DOCUMENTS FOR NE 183RD STREET FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF A VENTURA AND KEITH AND SCHNARS, P.A.; AND PROVIDING AN EFFECTIVE DATE. (Authorizes execution of work authorization to prepare construction documents associated with the NE 183rd Street improvements) 8. PUBLIC HEARINGS: MORATORIUM WAIVER REQUEST MOTION TO APPROVE REQUEST BY EDDIE YEH AlKJA HUAN HUI YEH FOR WAIVER FROM MORATORIUM, SUBJECT TO CONDITIONS AS OUTLINED IN CITY MANAGER'S MEMORANDUM DATED NOVEMBER 14, 1997 9. PUBLIC HEARINGS: ORDINANCES - FIRST READING AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA; PROVIDING FOR AMENDMENT OF THE CITY CHARTER BY AMENDING SECTION 2.02 "MAYOR AND VICE MAYOR", TO CLARIFY ANNUAL APPOINTMENT OF VICE MAYOR; AMENDING SECTION 2.05 "VACANCIES; FORFEITURE OF OFFICE; FILLING OF VACANCIES" BY AMENDING SUBSECTION (C) "FILLING OF VACANCIES" TO REVISE PROCEDURE FOR FILLING VACANCY IN OFFICE OF MAYOR AND COUNCILMEMBERS, REVISING PROVISION WIDCH PROVIDED FOR VICE MAYOR TO FILL VACANCY IN THE OFFICE OF MAYOR; AMENDING SECTION 3.05 "BOND OF CITY MANAGER" TO PROVIDE THAT CITY COUNCIL MAY BY ORDINANCE REQUIRE CITY MANAGER 3 November 18, 1997 Council Meeting TO FURNISH A FIDELITY BOND; AMENDING SECTION 5.01 "ELECTIONS" TO REVISE DATE OF ELECTION FOR MAYOR AND COUNCIL AND TO EXTEND CURRENT TERM OF OFFICE; AMENDING SECTION 8.07 "INITIAL ELECTION OF COUNCIL AND MAYOR" TO CONFORM TO AMENDMENT OF SECTION 5.01; AMENDING SECTION 7.03 "CONFLICTS OF INTEREST; ETHICAL STANDARDS" TO ENABLE CITY COUNCIL TO ADOPT ADDmONAL CODE OF ETHICS REQUIREMENTS; AMENDING CHARTER BY CHANGING THE DESIGNATION OF THE CITY "COUNCIL" TO THE CITY "COMMISSION" AND SUBSTITUTING FOR THE TERM "COUNCILMEMBER" THE DESIGNATION "COMMISSIONER", AMENDING ALL SECTIONS OF THE CHARTER IN CONFORMITY THEREWITH; PROVIDING REQillSITE BALLOT LANGUAGE FOR SUBMISSION TO ELECTORS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING FOR ADOPTION OF ENABLING RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. 10. PUBLIC HEARINGS: ORDINANCES - SECOND READING AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, CONCERNING LIVE-ABOARD VESSELS; PROVIDING ENVIRONMENTAL, SANITARY AND HABITABILITY REQUIREMENTS FOR LIVE- ABOARD VESSELS; PROVIDING FOR INVENTORY AND INSPECTIONS; PROVIDING FOR CERTIFICATE OF USE; PROVIDING FOR ADDmONAL RESTRICTIONS UPON LIVE-ABOARD VESSELS WITHIN THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. 11. RESOLUTIONS: None 12. OTHER BUSINESS: None 13. REPORTS 4 November 18, 1997 Council Meeting 14. PUBLIC COMMENTS 15. ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS: COUNCIL WORKSHOP December 15, 1997 9 a.m.* COUNCIL MEETING December 16, 1997 6 p.m. *Government Center 2999 NE 199th Street Suite 500, Aventura, Florida This metting is open to the public. In accordance with the Americans with Disabilities Ad. of 1990, all persons who are disabled and who need special accommodations to participate in this meaing because of that disability should contaa the Office of the City Clerk, 466-8901, not. later than two days prior to sucl1 proceeding. Anyone wishing to appeal any decision made by the Aventura City Council with respect to any matter considered at sum meeting or hearing will need a record of the pToceedin~ and. for suOO purpose, may need to ensure that a verbatim record oftlte proceedings is made, whidt 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 Govenunent Center, 2999 NE 191111 Stred., Suite 500, Avwtura, Florida, 33180. Anyonewishingto obtain a copy many agwda item should contact the City Clerk at 466-8901. 5 CITY OF A VENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM FROM: f ~/ ctor 0 Community Development ~ TO: BY: DATE: November 10, 1997 SUBJECT: Request of Rainforest Cafe, Inc. for a Special Exception to permit an additional restaurant with a cocktail lounge-bar in the Aventura Mall. (03-SE-97) November 18,1997 City Council Meeting Agenda Item '3 - A RECOMMENDATION It is recommended that the Special Exception be granted with the condition that the operating hours of the cocktail lounge-bar not extend beyond those of the restaurant. THE REQUEST The applicant, Rainforest Cafe, Inc. is requesting a Special Exception to permit an additional restaurant with a cocktail lounge-bar in the Aventura Mall where only one such restaurant with a cocktail lounge-bar is permitted in a shopping center in a BU-2 District according to Dade County Code, Section 33-150(E)(4) attached as Exhibit #1. (See Exhibit #2 for application). BACKGROUND OWNER OF PROPERTY Aventura Mall Venture NAME OF APPLICANT Rainforest Cafe, Inc. ADDRESS OF PROPERTY 19501 Biscayne Boulevard SIZE OF PROPERTY Approximately 97.962 acres LEGAL DESCRIPTION Tract Q, Aventura 6th Addition as recorded in Plat Book 120 Page 20 of the Public Records of Dade County Zoning - The subject property and the properties to the north and south are zoned BU-2, Special Business District. The properties to the east are zoned RU-4A, Hotel Apartment House District, BU-2, Special Business District and GU, Interim District. Existing Land Use - The subject property is the Aventura Mall. The properties to the north and south consist of office and retail uses. The properties to the east consist of the Turnberry County Club and associated uses. The property to the west is the FEC Railroad right-of-way. Future Land Use - The subject property and the properties to the north and south are currently designated Business and Office according to the Adopted 2000 and 2010 Land Use Plan for Metro-Dade County, Florida. The properties to the east are designated Parks and Recreation and Medium High Density Residential. The properties to the west of the FEC Railroad right-of-way in unincorporated Dade County are designated Low Medium Density Residential. The Site - The subject site is located at the northeast corner of Biscayne Boulevard and the William Lehman Causeway (see Exhibit #3 for Location Map). ANALYSIS Consistency with Comprehensive Master Plan - The request is not inconsistent with the Dade County Comprehensive Development Master Plan. Community Development Department Analysis - According to Dade County Code, an alcoholic beverage use may not be located within 1500 feet from another existing alcoholic beverage use or within 2500 feet from a religious facility or public school. As an exception to these spacing requirements, one (1) cocktail lounge-bar may be permitted in a shopping center in a BU-2 or more liberal district, provided that it meets certain requirements. Currently, two (2) restaurants with cocktail lounges-bars are located inside the Aventura Mall, each having received a Special Exception from distance requirements by Dade County. Within 1500 feet of the proposed Rainforest Cafe are the following alcoholic beverage uses: two (2) restaurants with cocktail lounges-bars, the food court, and a 2 restaurant with a cocktail lounge-bar located in the Concord Plaza. No religious facilities or public schools are located within a 2500 foot radius of the proposed restaurant and cocktail lounge-bar. This department has applied the same criteria used to permit one (1) restaurant and cocktail lounge-bar in a shopping center, in order to evaluate the proposal for a third restaurant and cocktail-lounge bar. The conditions as required by Dade County Code Section 33-150(E)(4) are: 1. "shopping center in a BU-2 district containing net ground area of not less than 14 acres under one ownership"; The Aventura Mall site is approximately 97.96 acres under one ownership. 2. "approved plan showing 200,000 square feet of building... with facilities for parking not less than 250 vehicles"; The approved site plan for the Aventura Mall consists of approximately 2.3 million square feet of building and 8,576 parking spaces. 3. "restaurant serves full course meals regularly, and has accommodations for service of two hundred (200) or more patrons at tables, and provided the restaurant occupies more than four thousand (4,000) square feet of floor space"; The Rainforest Cafe serves full course meals regularly, has accommodations for service of 378 patrons at tables, and occupies 6,722 square feet of floor space. 4. "before any such cocktail lounge-bar will be permitted, the required floor area of 75,000 square feet and required parking for 250 vehicles in the shopping center must be constructed"; and More than 75,000 square feet of floor area has been constructed and more than 250 parking spaces currently exist at the Aventura Mall (see #2 above). 5. If this Special Exception is granted by the City Council, then the applicant is required to conform to all requirements as specified in Section 33-150(E)(4) as follows: (1) the cocktail lounge-bar in the restaurant structure shall not have outside entrances and; (2) the lounge shall be so located that there is no indication from the outside of the structure that the cocktail lounge is within the structure. 3 Additionally, according to Article XXXVI, Section 33-311 (d) of the Dade County Code, a special exception should be evaluated using the following criteria: 1. The request would not have an unfavorable effect on the economy of Dade County: The request for an additional restaurant with a cocktail lounge-bar in the Aventura Mall would not have an unfavorable effect on the economy of Dade County. 2. The request would not generate or result in excessive noise or traffic, cause undue or excessive burden on public facilities, including water, sewer, solid waste disposal, recreation, transportation, streets, roads, highways or other such facilities which have been constructed or which are planned and budgeted for construction; and The request would not generate or result in excessive noise or traffic, or cause undue or excessive burden on public facilities above and beyond that which is already contemplated for the restaurant in general and that of the entire shopping center. 3. The request would not tend to create a fire or other equally or greater dangerous hazards, or provoke excessive overcrowding or concentration of people or population; and The request would not tend to create a fire or other equally or greater dangerous hazard, or provoke excessive overcrowding or concentration of people or population above and beyond that which is already contemplated for the restaurant in general and that of the entire shopping center. 4. The necessity for and reasonableness of such applied for exception in relation to the present and future development of the area concerned and the compatibility of the applied for exception with such area and its development. The request to serve alcoholic beverages in conjunction with a restaurant located in a regional mall is not an unreasonable request. Restaurants that serve alcohol with full course meals are compatible with, and are typically found in, regional malls such as the Aventura Mall. Citizen Comments The Community Development Department has not received any written citizen comments. 4 CONDITIONS It is recommended that the request for the Special Exception be granted subject to the following condition: 1. The operating hours of the cocktail lounge-bar shall not extend beyond those of the restaurant. 5 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF A VENTURA, FLORIDA, GRANTING SPECIAL EXCEPTION APPROVAL FOR PROPERTY LOCATED AT 19501 BISCAYNE BOULEVARD TO PERMIT AN ADDITIONAL RESTAURANT WITH A COCKTAIL LOUNGE-BAR WITHIN A SHOPPING CENTER WHERE ONE (1) SUCH RESTAURANT WITH A COCKTAIL LOUNGE-BAR IS PERMITTED IN A SHOPPING CENTER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned BU-2, Special Business District; and WHEREAS, the Applicant, Rainforest Cafe, Inc. is requesting a Special Exception to permit an additional restaurant with a cocktail lounge-bar in a shopping center where only one (1) such restaurant with a cocktail lounge-bar is allowed on that certain property located at 19501 Biscayne Boulevard; and WHEREAS, the Community Development Department recommends approval of this request subject to conditions; and WHEREAS, the City Council has held a public hearing as provided by law; and WHEREAS, the City Council 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 COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 03-SV-97 for a Special Exception approval on property legally described as: Resolution No. Page 2 Tract Q, Aventura 6th Addition as recorded in Plat Book 120, Page 20 of the Public Records of Dade County a.k.a. Aventura Mall 19501 Biscayne Boulevard is hereby granted to Rainforest Cafe, Inc. subject to the following terms and conditions: CONDITIONS 1. The operating hours for the cocktail lounge-bar shall not extend beyond those of the restaurant. Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Councilmember , who moved its adoption. The motion was seconded by Councilmember , and upon being put to vote, the vote was as follows: Council member Arthur Berger Councilmember Ken Cohen Councilmember Harry Holzberg Council member Jeffrey Perlow Councilmember Patricia Rogers-Libert Vice Mayor Jay R. Beskin Mayor Arthur I. Snyder Resolution No. Page 3 PASSED AND ADOPTED this _ day of ATTEST: Teresa M. Smith, CMC, City Clerk APPROVED AS TO LEGAL SUFFICIENCY: City Attorney ,199_. Arthur I. Snyder, Mayor EXHIBIT #1 (d) The word "owner" as used in this article shall include owners of the fee, lessee and "agent in charge," (Ord. No. 57-19, ~ 32(L), 10-22-57) ARTICLE X. ALCOHOLIC BEVERAGES. Sec. 33-150. Location of establishments. (A) Distance from other establishments. Unless approved as a special exception (Section 33- 311(d)), no premises shall be used for the sale of any alcoholic beverages, as defined herein, to be consumed on or off the premises where the struc- ture or place of business intended for such use is located less than fifteen hundred (1,500) feet from a place of business having an existing, unabandoned, legally established (and not one of the uses excepted from the spacing requirements hereinafter provided) alcoholic beverage use which permits consumption on or off the premises. The fifteen hundred (1,500) feet distance require- ments shall be measured by following a straight line from the nearest portion of the structure of the place of business. (B) Distance from church or school. Unless approved as a special exception (Section 33- 311(d)), no premises shall be used for the sale of alcoholic beverages to be consumed on or off the premises where the structure or place of business intended for such use is located less than twenty- five hundred (2,500) feet from a church or public school. The twenty-five-hundred-foot distance re- quirement shall be measured and computed as follows: (1) From a church, the distance shall be mea- sured by following a straight line from the .Charter reference-Authority of CountY to establish and enforce regulations for sa.le of alcoholic beverages in unincorporated areas and to approve municipal regulations on hours for the sale of alcoholic beverages, t 1.01(AX16). Cross references-Definition of alcoholic beverages, ~ 33-1(3); definition of bar or saloon, f 33-1(10); definition of beer, f 33.1(13); definition of cabaret, f 33-1(23); definition of intoxicating liquors, f 33-1(59)j minors gaining admission to prohibited places, or for purposes of securing beer, liquor or wine, by false statements or creelentials, f 21-10; package stores and nightclubs in hotels, RU-4 District, f 33-222.4. Supp. No. 16 ZONING f 33- 150 front door of the proposed place of business to the nearest point of the church struc- ture, and (2) From a public school, the distance shall be measured by following a straight line from the front door of the proposed place of business to the nearest point of the school grounds. (C) Compliance prerequisite to issuance of li- censes, permits and certificates. No certificate of use or occupancy, license, building or other permit shall be issued to any person, firm, or corporation for the sale of alcoholic beverages to be consumed on or off the premises where the proposed place of business does not conform to the requirements of subsections (A) and (B) above. (0) Nonconforming uses; definitian of abandon- ment. The uses referred to in subsections (A) and (B) above that are in violation of the provisions thereof, and that were in existence on or before June 14, 1956, shall be deemed to be nonconform- ing and as such may continue until there is an abandonment thereof, provided that such noncon- forming uses have been established and proven to the satisfaction of the Department on or before October I, 1956, and not thereafter. After October I, 1956, the right to establish a use not conform- ing with the requirements of subsections (A) and (B) shall have expired and shall not thereafter be recognized. Any uses, created and established in a legal manner, which may thereafter become non- conforming, may continue until there is an aban- donment. Once a nonconforming use is aban- doned it cannot be re-established unless it can conform to the requirements of this chapter. Abandonment shall consist of a change of use or of a suspension of active business with the public for a period of not less than three (3) months, or prior to the end of the period, on a written declaration of abandonment by the tenant and owner of the premises if under lease, and ifnot, by the owner. (E) Exceptions to spacing and distance require- ments. The restrictions and spacing requirements set forth in subsections (A) and (B) above shall not apply: (1) 'lb private clubs, provided such clubs con- form to all the requirements of a private 5229 ~ 33-150 DADE COUNTY CODE club as stated in Chapter 561 of the Florida Statutes and other applicable State laws, and providing that there are no signs of any type exhibited or displayed or other indications that can be seen from the exte- rior of the clubhouse, building or structure that alcoholic beverages are served. Before a certificate of use and occupancy to serve alcoholic beverages will be issued, the ap- plicant must submit necessary data to prove that it is eligible for the use and complies with Chapter 561 of the Florida Statutes or other applicable State laws; provided, any- thing to the contrary notwithstanding, these requirements must be complied with, even though the club intends to serve only beer and/or wine. (2) ESTABLISHMENTS IN RU-4, RU-4A DIS- TRICTS. 'Ib cocktail lounges, bars and cab- arets located in RU-4 or RU-4A Districts and which conform to the requirements of said districts, or such other cocktail lounges, bars and cabarets in other liberal districts as may comply with the RU-4 or RU-4A requirements. (3) RESTAURANTS IN BU-l, BU-IA DIS- TRICTS. 'Ib dining rooms or restaurants located in the BU-l or BU-IA Districts which comply with the requirements of such districts and serve cooked, full course meals, daily prepared on the premises, or such other dining rooms or restaurants in other more liberal districts complying with the requirements of the BU-l or BU-lA District and which serve cooked, full course meals, daily prepared on the premises, providing that only a service bar is used and.the sale of alcoholic beverages are sold only to persons seated at tables. (4) COCKTAIL LOUNGES IN RESTAURANTS IN SHOPPING CENTER IN BU-2 DIS- TRICT. 'Ib cocktail lounge-bars (including package stores) in restaurants located in a shopping center in a BU-2 or more liberal district containing net ground building area (including parking) of not less than four- teen (14) acres under one (1) ownership of title with an approved plan showing 200,000 square feet of building area and improved Supp. No. 16 by not less than seventy-five thousand (75,000) square feet of floor area thereon, with facilities for parking not less than two hundred fifty (250) vehicles, provided such restaurant contains all necessary equip- ment and supplies for and serves full course meals regularly, and have accommodations for service of two hundred (200) or more patrons at tables, and provided the restau- rant occupies more than four thousand (4,000) square feet of floor space. Only one (1) such cocktail lounge-bar will be permit- ted in the shopping center, and such res- taurant use shall be at least five hundred (500) feet from any church or school mea- sured as otherwise provided in this section. Before any such cocktail lounge-bar will be permitted the required floor area of seventy- five thousand (75,000) square feet and re- quired parking for two hundred fifty (250) vehicles in the shopping center must be constructed. The cocktail lounge-bar in the restaurant structure shall not have outside entrances and the lounge and package store shall be so located that there is no indica- tion from the outside of the structure that the cocktail lounge and package store are within the structure. (5) BEER AND WINE FOR OFF-PREMISES CONSUMPTION. 'Ib the sale of beer and wine as a grocery item for consumption off the premises, from grocery stores and meat markets within the hours adopted and pre- scribed by the County Commission. (6) CONVENTION HALLS IN BU-IA DIS- TRICTS. 'Ib convention halls located in BU-IA, or more liberal business and indus- trial districts, which meet the following requirements: (a) Where the hall is part of the operation of a hotel or motel and di- rectly under its management. (b) Where the square footage area of the convention. hall is at least ten thousand (10,000) square feet. (c) Where the seating capacity of the hall is in excess of five hundred (500) persons. (d) Where the sign advertising the cocktail lounge or bar use is of same or similar type as is permitted for motels in 5230 " ,.;:::".-.: -. '/~.&:i If. '\!,. I '.~ ~','>1 ....,. . y,.".. '. "~"'Cl",o.'>'1J.'l ,,~,,-. .. (:~,,,:,:,;..,::' .,;.'H""t.l. "'e, .'\ ""'!,t.o 0.' " , . Ii' ~f ~(~,:'" , - ,"{~' [;J '13,-,[3:,., EXHIBIT #2 A WILD PLACE TO SHOP AND EATe " 111 November 4, 1997 City of Aventura Ms. Amy Skiles 2999 N.E. 191 Street Suite #500 Aventura, FL 33180 RECEIVED NOV - 7 1997 COMMUNITY DEVELOPM~NT RE: Rainforest Cafe, Inc. - Mist 19501 Biscayne Road Dear Ms, Skiles, In support of our application for a Special Exception Rezoning for Rainforest Cafe at the above location, please accept this letter as our intent to have the space rezoned so that we may move forward with the liquor license application. Rainforest Cafe is becoming known for providing outstanding food and service in a uniquely charismatic rainforest environment. In fact, the foundation of our concept is "A Wild Place to Shop and Eat@", a stimulating and entertaining environment appealing to a broad range of customers of all ages. The dynamic restaurant and retail environment which recreates a tropical rainforest. Rainforest Cafe is a tropical wonderland with cool mists that permeate through cascading waterfalls; crescendos of thunder and lightening; continuous tropical rain storms; huge mushroom canopies; and is enhanced by live tropical birds, exotic fish in large, custom designed aquariums, animated wildlife, featuring Tracy the Talking Tree, and several sculpted oversized banyan trees that create a canopy of foliage over mists that emanate from extensive rock formations, and specifically developed aromatic scents further enhance the atmosphere. AN ENVIRONMENTALLY CONSCIOUS FAMILY ADVENTURE<!l CORPORATE HEADQUARTERS .... 720 South Fifth Street, Hopkins, Minnesota 55343 PH: 612-945-5400 FX: 612-945-5444 www.rainforestcafe.com ..... Our restaurant features an assortment of menu items for the entire family, including pastas, salads, signature sandwiches and delectable desserts. Popular menu items include "Rasta Pasta", bowtie pasta in a creamy garlic sauce with grilled chicken and fresh spinach; and "Rumble in the Jungle", a wholesome pita bread sandwich with Caesar salad filling topped with turkey. Guests can order smoothies, freshly squeezed organic vegetable and fruit juices, and refreshing drinks with or without spirits under our 42 foot diameter Magic Mushroom Bar. Rainforest Cafe has been recognized nationally as a leader in the restaurant/retail industry. We recently won the National Retail Federation Award ..1fT for Small Store Retailer of the year. Rainforest Cafe currently has 10 domestic and three intemationallocations open. Our rapid expansion plans include the new restaurant/retail store which will be located in the new addition of Aventura Mall in Aventura, Florida. The mall currently draws a large number of customers every day. We will meet the needs of many business people, tourist, retail employees, and local residents. Since our restaurant is a family oriented restaurant, we know that our restaurant will be operated in a manner consistent with the standards excepted by fellow retailers and the police department. Rainforest Cafe has a strong tradition of being a responsible retailer of alcoholic beverages throughout the United States. We attribute our commendable record to our extensive staff training programs and the quality of our guests. In conclusion, we feel that the service we provide shows that our restaurant will meet the public's demand for convenience and necessity without creating any additional problems for the local law enforcement. Sincerely, &A~ Cindee M. Kohagen Manager of Administration 1((1.. PLEASE FURNISH FOLIO NUMBER P. II. File No. Sec. _ '!\Ip. _ Rge. Procesaor Date: ZAB cc TO BE FlIJ.ED OUT BY APPLICANT: (Please PriDt) 1. Name of applicant Sworu-to-Consent). . 1<c~,i ~.cn~<0C r ~~ 1 "-Y' - \-r); Q-r {Property Owner or~ With Owner's 2. LEGAL D!:SCIlIPnON OF Tll! PROPEJ.n COVEIlED BY TIlE APPLICAnON a. if subdivided. provide lot, block, complete name of lubdiv1.1on, plat book and page number. b. if mete. and bounds description. provide complete description, (including I.ction, township, and ranse). c. aubm1.t . copy of . lurvey if property 1s odd-shaped (1" to 300 I scale) . d. if aeparace requ..ts apply to different areas, provide the legal description of each area covered by . separace request. ~'()(\ cY -\&;lc:::l ('\j (f)(::~) D;:":l S; 'K-tlJ ~~~t~(~:()~ ;?'~1+ 3. Addre.. or 10catioD of subject property: ~q50\ BI~:,(:.c:;l~'t, :b\V~ , ~~1\t\11 P ~] -1:.lne:f1:<9 33 \W) 4. Size of property: ft. X te. Acres S. Date subject .;:j( 11\ Q property acquired ( ) or lea.ed ( 'y.) ....a~ day of , 19 Cl(o Term of leu..e years/lIlOnths. 6. Does property owner own contiguous property to the lubject property? If so, give complete leaal descript10n of entire cont1ruous property. METROPOLITAN DADE PLEASE FURNI::>>i: FOLIO NUMBER Sec. TIIp. Rg.. Date Received Stamp PLEASE TYPE OR PUNT LEGIBLY, IR In, ALL IRPOlllIAtlON ON APPLICATION. l. N.... of Applicant ~ k\ R>Op-n (~c:p-, 1.1>11' - I-llI sI a. 1fapp11eant 1s owner. live name ex.etly .. recorded on deed. b. if applicant 1s le..ee, attach copy of lea.e and Owner's Svorn-t~oD.eDt fona. .__ c. 1f applicant 18 orporaC1on partnership, limited partner.hip, or cruetee, . aeparate aaure of Intereae form mult be completed. !I&111llg Addr... ..!JafJ City ~Y..i~b Tel" (dur111& vorkil1& ,'l. ~,~ ~N State z1pt1)~"'l~ &111llg Addr... ?Pi"l1') City ~ hours)~ti) 2. N.... of Prop.rty Own.r li./mhipPAt ~Bt1D \.-l.E lf1\'V t#~hu~1l ZipQ~ I P:,(J State ~ Tel. , (dur111& vorking hours) :jJl-Q,7'>/=LPZ-bO 3. Call tact Pmoll 'Ii U\ 61-11N--h - 1->ir..Qetoc. 01" 6~j,~s !ldlillg Addres....:J'U) 0, ~ ,~.k'.P{- City.' Stat. _~ ~\ Zip Br?~3 T.l. , (dur1llg vork1llg houro) Q.qJ )~1)\-1015 .~-b 101 / 4. LEGAL DESCRIPTION OP TIlE PROPEB.TI COVERED BY '!'lIE APPLICATION. a. if subdivided, provide lot, block., complete name of subdivilion, plat book and pase number. b. if aeeea and bounds description, provide eomplete description. including section. township and range. c. submit six (6) coples of a survey, lf property ls Odd-shaped (1" to 300' leale) . d. if separace requelts apply to differeat are.s, provide the legal ~~~.~Q.'~,;; ~ Atr~ ~51~iHihi+~ .. 5. Address or loeatlon of subject property: ICl"D\ 0)i~('nl 0\0 ,AI\lr;{l -'> h~1'Lu:a. 4-1 (\ ;5'"' '", r-. ON 9WO 6. 51%e of propert.y: \ t L ft. X \ t,..{.J ft. Acres If 1. Dat.e sub ject proper":.? acquired ( ) or leased ('/.) 2,r::). lLl~~ , 199.k. Tern of lea.e \7,.- E3onCh.. PlCO~'::::,. day of (0'd It!lO.l 8. D:>E;, property owner n contigcue prnport:y to tl1ll au> ''OCt property? If SO, q.- """,",' ~te leqal descttt>tion of ent.il:e contiguous p~y. "-JWt:.,\-\-.'.('~.~~ rwl,'~~ \I'~ \-..\m '+hl~ ~~\Ganb- . 9. Is there an option w puxc"",", ( ) "'" lease ( ) the> subjeet PL.....L ty or property conU_ thereto? ( ) yes = t'fJ no If yes, who 1m! the ~ential pu%Chasers or lessees? - 10. ......ent zon1I>g classification(s)' ...J:,I.{ ,::;;.... 11. ~ COI/EIlEO UllllEl\ 'IlllS AP1'LICA1'ICJI: Please check the appxcpriate box ar4 give a lod...f cle=iption of the naw= of the :<eqIHlSt in the spadO provided. ( ) Distr1.<:t Boundary Change (e): Zone classUications ~tect ) I1rnlsua! Use Use variance Non-Use Variance t'f< Special Jlxeeption ( ) IoWification of previous _olutlon/plan (#Has a public hearing been held on this p.operty w1thin the 1 n year? ...I f yes, applicant.' 8 niIIte DaU of hearing , - - q 7 !lature of hear i:lg IJ Resolut.ion . ~ -6Imrn~ , o..,['~d:.. I'"'e...d .t:f=. 97- 7S- 13- Is thi.s hear11lg being requ.estect as a lGeult of a violaU ( I yes 'V-1OO If yes, give ...... to whan violation notice was seEVel NaturQ of viola.tion 14. Ate there any existUlq sttuctw:"'s on the propert.y? l~ yes I) no If yes, briefly describe t:::,'x()!tf\:)I{:~ C~ <-\ 1\0 \-f'.a..e.JJ 15. 1& there any existing use on the property? OO)yes )no , If yes, what is the use 'and when wes it established? Use Es~l1s"ed OIlNER OR TENAN! AFF Ill! ' 'T t, I belna ftrle duly aworn, d.ep'-'H . ... .i. am the owne~/ten.nt of the property described and which 18 the subject watter of tht: propo.ed hearing; that all the anawers to the que.tlons 1n t~.is application. and all sketch data and other aupplementary matter attached LO and made a part of the applic.ation are honeat and true to the best of my knowledge and bellef. I understand this application must be completed and accurate before a hearing can be advertised. Signature Sworn to and subscribed to before me this day of I. 19 Notary PublIc Commission Expires: .**********.******************************************.**...--....--.......... CORPORATION AFFIDAVIT .~~~~~ duly sworn depose and say that we resident Vice-Presdent. and SecretAry/A88t. Secretary of the corporation, and as 8uch. have been authorized by the corporation to file this application for public hearing; that all answers to the questions in laid application and aU sketches, data and other supplementary matter attached to and made a part of this application are honest and true to the best of our knowledge and beliefj that said corporation is the owner/tenant of the property described herein and which is the lubject matter of the proposed hearing. We understand this application must be complete and accurate before a hearing can be advertised. ATTEST, I~~ 6 Signature (Corp. Seal) /{ , S\lor this Secretary.s Signature . (\ ttcJtf.~Y P~ tt~ ......~~==...~~~.~:~~~:=...~.:?~..~~....... **** PARTNERSHIP AFFIDAVIT We, the undersigned, being first duly sworn d~pose and say that \Ie are partners of the herein atter named partnership, and as such, have been authorized to file this application for a public hearing; that all answers to the questions 1n said application and all sketches, data, and other supplementar)' macter attached to and made a part ot this application are honest and true to the best ot our kno...'ledge and beliefj that said partnership- is the owner/tenant of the property described herein which is the subject matter of the proposed hearing. We understand this application must be complete and accurace be(or~ a hearing can be advertised. (Name 'of Partnership) By % By % B~ % By % Sworn to and subscribed to before me this day of , 19 Notary Public Commission Expires ***-***********************************************.*.************************ ATTORNEY AFFIDAVIT I, , being first duly sworn, depose and say that I am a S~f Flori'd'a-ittor:ney-at Law, and 1 8m the Attorney for the Owner of the property descrlbl!d and which is the subJl!ct matter of the proposed hearing; tHat all the answers to the questions in this application, and all sketch data and other supplementary matter attached and made a part of this application are honest and true to the the best of my knowledge and belief. I understand this application must be complete and accurate before a hearing can be advertised. Signaturl:' Sworn to and subscrib~d to before me this day of __________, 19 ___' Notary Public. Com~lss1on Expires Date: Publie H~aring No: I hereby acknowledge that I am aware that the Department of. Environmental Resources Management (DERM), the Public Works Department, and other County agencies review zoning applications and proffer comments that may affect their scheduling and outeome. These eomments sometimes inelude requirements for an additional public hearing before the Environmental Quality Control Board, or other County Boards, and/or the prior preparation and exeeution of agreements to run with the land which are recorded. In addition to the!i;e agencies, I also understand th4t the South Florida Building Code may contain requirements that affect my ability to obtain a building permit (Building and Zoning Department loth Floor) for my project, even if my zoning application is approved at public hearing. Contact wtth the above mentioned a~encies is arlvised during the hearing process. Further, t understand that the cases of Machado v. Musgrove and McGaw v. Metropolitan Dade County may affect my public heartnR appl1c8t1on. 1 acknowledge receipt of copies of these cases f(lr m;-.' reference. I~.~ (Signature) Sworn to and SUbsc~~e '" this ;:::{) day of ct- 19 cr.l Not~~ate~lS~~8 My Commission expires \ \ 0 ,\ cO , Notary: e CYNTH:" M. KOHAGEN NOTAA'! PU9UC UINNEOOTA CARVEll COUNTY "'~ElIpI""1311OO OWNER'S SWORN-TO-CONSENT (GENERAL PARTNERSHIP) PERMITTING TENANT TO FILE FOR ! HEARING I, Donald Soffer , 89 General Partner of AVENTURA MALL VEIITllRE (name of partnership) which is the owner of the property described and which is the subject matter of thp. proposed hearing, do hereq, grant consent to RAINFOREST CAFE as lessee, to file this application for a public hearing. AVENTURA MALL VEIITllRE name of partnership J? k- eneral Partner By Sworn to and subscribed before me this 3......-1 day of V (!'Te{3 (/) ,19U ~ commission ex ires: OfARYSEAL DEBORAH LAZAR NOfARYI'UBl.K: STATE OF FLORIDA COMMISSION NO. CCS92997 MY CO MI$I N P. ocr. 13 OWNERSHIP AFFIDA vrr FOR I'ARTNERSmp Before me, the undersigned authority, personally appeared_. DONALD SOFFER , hereinatler the Affiant, who being first duly Swum by me, on oath, deposes and says: ST A TR OF FLORIDA COUNTY OF DADE Public Hearing No. I. Affiant is a partner in the AVENTURA MALL VENTURE partnership, with the following address: 2875 N.!,._ 191st St. Suite 400 Aventura., )florida 33180 2. The partnership is the fee simple owner of the property which is the subject of the propused hearing. 3. 1he subject property is legally described as: A portion of Tract Q of Aventura Sixth Addition, PB 120, Pg. 20 4. Aniant is legally authorized to file this application for public hearing. 5. Affiant understands this affidavit is subject to the penalties oflaw for perjury and the possibility of voiding of any zoning gmnted at public hearing. ~i21 Print Name Sworn to and subscribed before me on the ~f [) ~ ~t~~ Affiant is personally known to me fir H89 Jll'etltleiM.' .. identification. //' / VfA{/W! Notary (Stamp/Seal) Commission Expi 's: lb:formslownam.'"m (3196)] ~h ant's signature ....Donald Soffer Print Name (partner) ,199$ as ARYSEAL DEBORAH lAZAR NaTARYPUBUCSTATIl<l'FLORIDA . COMMISSION NO.CCS92997 MY COM 10 32000., DISCLOSURE OF INTEREST. If the property which is the subject of the application is owned or leased by a CORPORATION, list the principal stockholders and the percentage. of stock owned by each. [Note: where the principal officers or stockholders consist of another corporation(s), trustee(s), partnership(s) or other similar enti ties, further disclosure shall be required which discloses the identity of the individual(s) (natural persons) having the ultimate ownership interest in the aforementioned entity]. ~\l0.~rQJ U:J--OG 5~. - I---f\i ~ C RPORATION J r~ percentaae of Stock oeb -1\1=)05 ~. LoJt.&.ib+'W lfA.l'\.O ~U\N::trm~--. ~ S5365 ~~. ~UlOW- ~(J ()"Jo ~ '~:~~ 1<A1Nffie-eo, C~l~' IDOO}(J- c6er:~~. If the property which is the subject of the application ~JS~~ or leased by a TRUSTEE, list the beneficiaries of the trust and the percentage of interest held by each. [Note: where the beneficiary/beneficiaries consist of corporation(s), another trust(s), partnership(s) or other similar entities, further disclosure shall be required which discloses the identity of the individual (s) (natural persons) having the ultimate ownership interest in the aforementioned entity]. TRUST NAME NAME AND ADDRESS Percentaae of Interest Page 2 If the property which is the subject of the application is owned or leas{ by a PARTNERSHIP or LIMITED PARTNERSHIP, list the principals of tJ partnership, including general and limited partners. [Note: where tJ partner(s) consist of another partnership(s), corporation(s) trust(S) ( other similar entities, further disclosure shall be required whic discloses the identity of the individual(s) (natural persons) having tt ultimate ownership interest in the aforementioned entity]. t PARTNERSHIP OR LIMITED PARTNERSHIP NAME NAME AND ADDRESS Percentage of Ownership If there is a CONTRACT FOR PURCHASE, whether contingent on this applicatia or not, and whether a Corporation, Trustee, or Partnership, list th n8I\1es of the contract purchasers below, including the principal officers. stockholders, beneficiaries, or partners. [Note: where the principa officers, stockholders, beneficiaries, or partners consist of anothm corporation, trust, partnership, or other similar entities, furthe disclosure shall be required which discloses the identity of tlI individual(s) (natural persons) having the ultimate ownership interest ~ the aforementioned entity]. NAME NAME. ADDRESS.AND OFFICE (if applicable) percentaae of Interest Date of contract: 'page 3 If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. - For any changes of ownership or changes in contracts for purcha~ subsequent to the date of the application, but prior to the date of fin~ public hearing, a supplemental disclosure of interest shall be filed. The above is a full disclosure of all parties of interest in th~ application to the best of my knowledge and belief. Signature: /~~ (APPlicant~IY--ci\ ~ \ Sworn to and this 1-D subscribed before me, day of ~ 1991 (SEAL) My Conunission Expires \ \3\~ 0 e CYNTHIA M. KOHAGEN NoTARY PUBlIC MINNESOTA CARVER COUNTY !A, Commiooion _ 1/31/00 * Disclosure shall not be required of any entity, the equity interests in which are regularly traded on an established securities market in too United States or other country; or of any entity, the ownerhip interests of which are held in a limited partnership consisting of more than 5,000 separate interests and where no one person or entity holds more than a total of 5' of the ownership interest in the limited partnership. ^ \~. 'lXT.' :!ffi",' ,r; '-'-.-y.j ~,',.,\ '_ /"'"li -'''~-'''''Cl,'!'..;-;t". ,,~r.. - .~-' ___ '. il. ~__ '. ~-;:~'. . .'-r'~;:~_~ ',;1.i~II/ r, - ,~~,...,. !~~i~'l,,:~ ' . /, ," ~6' _ \..~ .' t;.~'t"~~1f, f~:,:G,'0D~~..r3.,',~ . '. ~ 1- " . A WILD PLACE TO SHOP AND EAT@ """ JiJ October 3, 1997 Officers of Rainforest Cafe. Inc. Percentaoe of stock owned Lyle Berman Chief Executive Officer 5.9% Steven Schussler Sr VP Marketing & Development 3.9% Ercu Ucan Sr VP Retail 1.6% Mark Robinow Chief Financial Officer * Kenneth Brimmer Treasurer and Acting President * * Less than 1 % owned AN ENVIRONMENTALLY CONSCIOUS FAMILY ADVENTURE<!l CORPORATE HEADQUARTERS ... 720 South Fifth Street, Hopkins, Minnesota 55343 PH: 612-945-5400 FX: 612-945-5444 www.rainforestcafe.com EXHIBIT #3 .1,1 ~CJ '-' III BROWARD DAD COUNTY I COUNTY (!5) .~ ~ ,T :r II H.E. 203 S ~ .. -;:P ~ . (J F ~ .. w N z ~ / < I ~ IIIAlofl GARDENS 1lIU'ot: ~J ~ of Ii It' ~ <n (]% Il' ~ '8 SITE LOCATION L.~ ~ CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Council BY: Dir ctor of Community Development FROM: DATE: November 13, 1997 SUBJECT: Aventura Shops, Inc. Request for Multi-Tenant Center Sign Graphics approval for facade signage. 01-MTC-97 November 18, 1997 City Council Meeting Agenda Item :5 - 13 RECOMMENDATION On October 21, 1997, the applicant appeared before the City Council to request approval of a Multi-Tenant Center Sign package. At that time, Council requested that this item be placed on a workshop agenda for further discussion, which occurred on November 10, 1997. Since that workshop, the applicant has requested that this item be deferred until the December 16, 1997 meeting so that he may again revise his request for Uniform Sign Graphics Criteria for Faqade Sign for a Multi-Tenant Center. THE REQUEST The applicant, Aventura Shops, Inc., is requesting approval for Multi-Tenant Center Sign Graphics for facade signage. Istaff reports/01-MTC-97 Multi-Tenant Center deferred MINUTES CITY COUNCIL MEETING CITY OF AVENTURA, FLORIDA TUESDAY, NOVEMBER 4, 19976:00 P.M. COLUMBIA AVENTURA MEDICAL ARTS BUILDING 21110 BISCAYNE BOULEVARD SUITE 101 AVENTURA, FLOR/IDA 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by Mayor Arthur I. Snyder. Present were Council members Arthur Berger, Ken Cohen, Harry Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Jay R. Beskin, Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Smith, and City Attorney Stephen J. Helfman. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: George Katzman led the pledge of allegiance. 3. ZONING HEARINGS - SPECIALLY SET BY COUNCIL FOR 6 P.M. Ex-parte communications by Council, if any, were disclosed and filed with the City Clerk in accordance with Ordinance 96-09. All witnesses giving testimony in this hearing were sworn in by the City Clerk. A. APPLICANT: MAGEN DAVID CONGREGATION OF FLORIDA,INC. Mr. Helfman read the following resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA APPROVING A RELEASE OF A PREVIOUSLY APPROVED DECLARATION OF RESTRICTIVE COVENANTS AND A PREVIOUSLY APPROVED AGREEMENT TO PERMIT THE PROPERTY TO BE USED AS A SYNAGOGUE/RELIGIOUS FACILITY FOR PROPERTY LOCATED BETWEEN MYSTIC POINT BOULEVARD AND THE INTRACOASTAL WATERWAY, NORTH OF THE WILLIAM LEHMAN CAUSEWAY; APPROVING A MODIFICATION OF A PREVIOUSLY APPROVED RESOLUTION TO PERMIT THE DEVELOPMENT OF THE PROPERTY AS A SYNAGOGUE/RELIGIOUS FACILITY; GRANTING A NON-USE VARIANCE TO PERMIT THE CONSTRUCTION OF A RELIGIOUS FACILITY ON A SITE THAT DOES NOT CONTAIN A MINIMUM OF TWO AND ONE-HALF (2 %) ACRES OF LAND AREA; GRANTING A NON-USE VARIANCE TO WAIVE THE REQUIRED MINIMUM ONE HUNDRED FIFTY (150) FEET OF CONTIGUOUS FRONTAGE ABUTTING A PUBLIC STREET RIGHT -OF-WAY WHERE A PROVISION OF ZERO (0) FEET IS PROPOSED; GRANTING A NON-USE VARIANCE TO WAIVE THE REQUIREMENT FOR PARKING FACILITIES TO BE PROVIDED AND MAINTAINED WITHIN THE LAND AREA OF EVERY CHURCH SITE WHERE THERE ARE PORTIONS OF THE PARKING LOT LOCATED OUTSIDE OF THE SUBJECT PROPERTY; GRANTING A NON-USE VARIANCE TO WAIVE SIX (6) FEET OF THE REQUIRED FIFTEEN (15) FOOT INTERIOR SIDE SETBACK WHERE THE ADJACENT PROPERTY IS ZONED RU WHERE A PROVISION OF NINE (9) FOOT IS PROPOSED; GRANTING A NON-USE VARIANCE TO WAIVE THE REQUIRED DECORATIVE MASONRY WALL AT LEAST FIVE (5) FEET IN HEIGHT TO BE CONSTRUCTED ON THE BUSINESS LOTS ALONG THE COMMON PROPERTY LINE SEPARATING A BU DISTRICT FROM AN RU DISTRICT WHERE NO WALL IS PROPOSED; GRANTING A NON-USE VARIANCE TO WAIVE FIVE (5) FEET OF THE REQUIRED SEVEN (7) FOOT LANDSCAPE BUFFER FOR ALL PARKING LOTS THAT ABUT A PRIVATE ROAD WHERE A PROVISION OF TWO (2) FEET IS PROPOSED; GRANTING A NON-USE VARIANCE TO WAIVE TWENTY-EIGHT (28) OF THE MINIMUM REQUIRED ONE HUNDRED AND ONE (101) PARKING SPACES WHERE A PROVISION OF SEVENTY-THREE (73) PARKING SPACES IS PROPOSED; PROVIDING AN EFFECTIVE DATE. Mayor Snyder opened the public hearing. Jaye M. Epstein Community Development Director, explained the application to Council. The following individuals addressed Council after being duly sworn by the City Clerk: Lionel Socolov, 3530 Mystic Point Drive; Leonard Brenner, 19355 Turnberry Way; Rubin Steiner, 20301 W. Country Club Drive; Hyman Kriss, 1301 NE Miami Gardens Drive; and Alan Rosenthal, Esq. representing the applicant. There being no further speakers, the public hearing was closed. A motion to approve the request was offered by Council member Cohen, and 2 seconded by Councilmember Holzberg, subject to each of the conditions listed in the staffs recommendations and the following additional conditions: 1) Applicant to enter into and provide offsite parking agreement prior to issuance of building permit; 2) covenant to run with land that property is restricted to religious use only; 3) subject to construction of a wall along the northerly property line. The motion passed and Resolution 97-76 was adopted. 4. APPROVAL OF MINUTES: A motion to approve the minutes of the October 21, 1997 Council Meeting was offered by Council member Rogers-Libert, seconded by Councilmember Holzberg and unanimously passed. 5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: Councilmember Berger requested removal of item 7 -A from the Consent Agenda. Councilmember Cohen requested removal of item 7-8 from the Consent Agenda. 6. SPECIAL PRESENTATIONS: Elaine Adler, President of the Aventura Marketing Council, with Cesar Phillips and George Berlin, presented the City with a photograph of the Aventura softball team and a cake in honor of the City defeating the Marketing Council 18-10 in a recent charity softball game held on October 26, 1997 and challenged the City to a rematch. 7. CONSENT AGENDA: Mr. Soroka explained each item on the Consent Agenda. A motion for approval was offered by Councilmember Rogers-Libert, seconded by Vice Mayor Beskin and unanimously passed, thus the following action was taken: C. The following motion was approved: MOTION TO RATIFY CITY MANAGER'S RE- APPOINTMENTS OF JUDGE ALFRED (FRED) NESBITT AND HERBERT L. KLlGER, J.D. AS SPECIAL MASTERS PURSUANT TO ORDINANCE NO. 96-14 WHICH DID ESTABLISH THE CODE ENFORCEMENT PROCESS The following items were removed from the Consent Agenda and addressed separately: A. Mr. Helfman read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, CONCERNING LIVE-ABOARD VESSELS; PROVIDING ENVIRONMENTAL, SANITARY AND HABITABILITY REQUIREMENTS FOR L1VE- ABOARD VESSELS; PROVIDING FOR INVENTORY AND INSPECTIONS; PROVIDING FOR CERTIFICATE OF USE; PROVIDING FOR 3 ADDITIONAL RESTRICTIONS UPON LIVE-ABOARD VESSELS WITHIN THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Beskin and seconded by Council member Cohen. A motion to amend section 1.02 to provide that inspections be conducted to insure compliance with the provisions of the ordinance was offered by Councilmember Berger, seconded by Councilmember Rogers-Libert and unanimously passed. A motion was offered by Councilmember Berger, seconded by Councilmember Perlow and unanimously passed that section 1.05 be amended to delete the words "the living quarters of'. A motion was offered by Councilmember Berger, seconded by Councilmember Perlow and unanimously passed to amend section 1.04(a) to provide unless the vessel "can be" connected to a ....sanitation device. A motion was offered by Councilmember Cohen and seconded by Councilmember Holzberg to amend section 1.06 to provide that marinas must register with the City vessels docked for 30 days or more. A substitute motion was offered by Mayor Snyder and seconded by Council member Rogers-Libert that marinas must register with the City vessels docked for 15 days or more. The substitute motion passed unanimously. The motion for approval, as amended, passed unanimously. B. Mr. Helfman read the following resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, ADJUSTING THE 1996/97 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 RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Council member Rogers-Libert, seconded by Vice Mayor Beskin, unanimously passed and Resolution No. 97-77 was adopted. 8. PUBLIC HEARINGS: ORDINANCES - SECOND READING: A. Mr. Helfman read the following ordinance by title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 97-25, WHICH ORDINANCE ADOPTED A BUDGET FOR THE 1997/98 FISCAL 4 YEAR BY REVISING THE 1997/98 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. Mayor Snyder opened the public hearing. There being no speakers, the public hearing was closed. A motion for approval was offered by Councilmember Rogers- Libert, seconded by Councilmember Perlow, unanimously passed by roll call vote and Ordinance No. 97-28 was enacted. B. Mr. Helfman read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA REPEALING ORDINANCE NO. 96-33 WHICH PROVIDED FOR THE CREATION OF THE CITY OF AVENTURA PLANNING ADVISORY BOARD; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Snyder opened the public hearing. The following individual addressed Council: Mr. Socolov. There being no further speakers, the public hearing was closed. A motion for approval was offered by Councilmember Cohen, seconded by Councilmember Rogers-Libert, passed 4-3 by roll call vote with Councilmember Berger, Vice Mayor Beskin and Mayor Snyder voting no and Ordinance No. 97-29 was enacted. 9. RESOLUTIONS: Mr. Helfman read the following resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, SELECTING THE FIRMS OF MICHAEL A. SHIFF & ASSOCIATES AND ARQUITECTONICA INTERNATIONAL, INC. TO PERFORM PROFESSIONAL ARCHITECTURAL SERVICES RELATIVE TO RFQ NO. 97-9-24-2, DESIGN OF GOVERNMENT CENTER, POLICE FACILITY, AND CULTURAL CENTER; AUTHORIZING THE CITY MANAGER OF THE CITY OF AVENTURA, FLORIDA, ON BEHALF OF SAID CITY, TO NEGOTIATE THE TERMS AND FEES FOR SAID WORK; AUTHORIZING NEGOTIATIONS 5 WITH ALTERNATE FIRM TO PERFORM THE REQUIRED SERVICES SHOULD NEGOTIATIONS WITH SELECTED FIRMS BE UNSUCCESSFUL; AND PROVIDING AN EFFECTIVE DATE. Architects Michael Shiff and Bernard Forte-Brescia; Bob Hanes, June Stevens, 20412 NE Del Vista Court; Paul Libert, 21155 NE Helmsman Drive; Art Grossman, 20100 W. Country Drive; and Ron Blumberg addressed Council. A motion for approval was offered by Councilmember Rogers-Libert, seconded by Councilmember Berger, unanimously passed and Resolution No. 97-78 was adopted. 10.0THER BUSINESS: None 11. REPORTS: As submitted. 12.PUBLlC COMMENTS: Robert Jordan, Commodore Plaza; Mr. Socolov; Harvey Burke. 13.ADJOURNMENT. There being no further business to come before Council at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 9 p.m. Teresa M. Smith, CMC, City Clerk Approved by Council on Anyone wishing to appeal any decision made by the City Council with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such pur!,,>se, may n~ to ensuretha! a verbatim record of the proceedings if made, which record includes the testImony and eVIdence upon whIch the appeal is to be based. 6 CITY OF AVENTURA COUNCIL WORKSHOP MEETING NOVEMBER 10, 1997 - 9 A.M. Aventura Government Center 2999 NE 19151 Street Suite 500 Aventura, Florida 33180 The meeting was called to order at 9:00 a.m. by Mayor Arthur I. Snyder. Present were Council members Arthur Berger, Ken Cohen, Harry Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Jay R. Beskin, Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Smith and City Attorney Richard Jay Weiss. As a quorum was determined to be present, the meeting commenced. 10. Beautification Board Chairman Report. (Taken out of order) Bob Diamond, Chairman of the Beautification Advisory Board, requested that a member of the Board attend Council meetings to explain recommendations made by the Board to Council and also requested that Council reconsider their selection of entrance signs for the City. 1. Library Subcommittee Report. Members of the subcommittee gave a report on their meeting, as summarized in the minutes provided to Council. Discussion ensued as to whether or not to provide funding to the Northeast Dade Subregional Library. Consensus to table until further information received including 5-year needs assessment and outcome of November 13 vote regarding library system. 3. 1998 Legislative Programs and Priorities. (Taken out of order) Ron Book, lobbyist for the City, reviewed the Legislative Programs and Priorities for 1998. 2. Recreation Arts and Cultural Board Subcommittee Report. Councilmember Rogers-Libert provided a report of the subcommittee meeting as summarized in the minutes provided to Council. Mayor Snyder requested that the Committee meet further to develop guidelines for expansion of the Board, procedures for interviewing members and make a recommendation regarding trips to restaurants and shopping outside of Aventura and report back at a future workshop meeting. 5. NE 203rd Street Grade Separation. (Taken out of order) Chief Ribel discussed the traffic situation at Ives Dairy Road and Biscayne Boulevard. City Manager suggested and Council concurred that the City request MPO to expand its Congested Intersection Improvements Study to include this intersection and if unsuccessful, obtain quote from the same consulting firm to prepare a similar review of the Ives Dairy Road/Biscayne Boulevard and Miami Gardens Drive/Biscayne Boulevard intersections. 6. Proposed City Charter Amendments. (Taken out of order) Consensus to proceed with First Ordinance as presented to Council omitting ballot questions 1 and 8 included therein and amending question 6 to provide that election date be changed to first Tuesday in March with runoff election to be held third Tuesday in March. 4. Multi-Tenant Sign Applications. Consensus of majority of Council that the multi-tenant sign process in the Sign Code remain as is. Request of applicant Aventura Shops, Inc. to be addressed at November 18, 1997 Council Meeting. 7. North/South Alignment Study - Deferred to December workshop. 8. Dade League Delegate. Consensus of Council that Vice Mayor serve as delegate to Dade League of Cities or in the event he/she is unable or unwilling to do so, that he/she appoint another member of Council to serve as delegate. 9. Aventura Founders Park (Council member Berger). Mayor appointed subcommittee consisting of Council members Cohen and Berger and Bob Diamond (Chair) to discuss honoring the founders of the City. Discuss at next Council meeting adding additional members to this Committee. 11. Other Business. None The meeting adjourned at 12 noon. Teresa M. Smith, CMC, City Clerk Approved by Council on CITY OF A VENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: TO: DATE: SUBJECT: Proposed Interim Service Fee Ordinance 1st Reading November 18,1997 City Council Meeting Agenda Item..:l.:.F- 2nd Reading December 16, 1997 City Council Meeting Agenda Item_ RECOMMENDATION It is recommended that the City Council adopt the attached Ordinance which establishes an Interim Service Fee in order to recover municipal service costs to developed properties not yet included in the County's tax roll. The fee would be paid by new development prior to the issuance of a Certificate of Occupancy. BACKGROUND Currently, under Florida law, when a new building or structure is completed, it does not appear on the new tax rolls until the following January. Although the property is receiving full municipal services they pay no Ad Valorem taxes until the next fiscal year. The other revenues paid by new development do not meet the costs of services. The attached Ordinance establishes a fee to be charged to new development to pay its fair share of costs for municipal services during the interim period between the time the new development is complete and the time it is placed on the tax rolls. Many cities have adopted such an Ordinance and the proposal is patterned after one adopted by the City of Weston. The Ordinance provides for the fee structure to be adopted by resolution. The following represents the schedule of fees to recommend to the City Council on second reading of the Ordinance: Determination of Value: The Feepayer shall provide to the City of Aventura a certification of the value of the property being developed, which certification shall be determined as follows: Residential: The total sales price of the property, including land value shall be provided to the City. This total sales price shall be multiplied by Eighty Percent, to determine the value of the property subject to the Interim Service Fee. Industrial/Office/Commercial The Feepayer shall certify to the City an estimate of the value of the property, which value shall include the complete cost of construction, including land value. This value shall be multiplied by Eighty Percent, to determine the value of the property subject to the Interim Service Fee. The Feepayer shall pay to the City of Aventura an amount representing the value of the Ad Valorem taxes shown on the property tax bill that the Feepayer would have received from the Dade County Property Appraiser for the Tax Year in which the property is due to receive the Certificate of Occupancy. This amount is calculated based on the property values as determined herein times the number of months in the Tax Year in which the property is due to receive the Certificate of Occupancy times the applicable millage rate of the City of Aventura. The following illustrates how the fee would be implemented: Total sales price = $200,000 $160,000 X 80% = = $ $ 30/month X 2.2270 mills 356 + 12 months = X 10 months for a March closing = $ 300 Fee due to City The Ordinance provides a mechanism to recover costs of providing services to developed properties not yet on the tax roll and a revenue source to fund operations required by growth. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0412-97 ORDINANCE NO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA ESTABLISHING INTERIM SERVICES FEES FOR PROPERTIES NOT YET INCLUDED IN THE COUNTY'S TAX ROLL; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in order to recover municipal service costs to developed properties not yet on the County's tax roll, the City Council of the City of Aventura wishes to establish an Interim Services Fee; and NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. That Chapter _ of the Code of the City of Aventura entitled "Interim Service Fees" is hereby created as follows: Sec. 1. Title; application, findings. This ordinance, known as the "City of Aventura Interim Services Fee Ordinance," hereby establishes an "interim service fee." (a) The preamble "Whereas" clause is adopted as the findings of the City Council and are hereby ratified and confirmed and made specific findings of the City Council as a part of this ordinance. (b) The City Council finds that from the time a new building or structure is completed until the ensuing first day of January when the improvement is added to the tax roll, the City is obligated to provide services for which ad valorem taxes or non-ad valorem assessments are not assessed on Ordinance No. 97-_ Page 2 the improved portion of the property and for which other revenues paid do not meet the costs of services. (c) The City Council finds that owners of newly developed properties receive City-provided services including, but not limited to police, engineering and public works, public services, development services, and planning. (d) The City Council finds that the additional City services demanded to serve new development provide a valuable benefit to the new development. The cost for the services provided by the City to new development is paid by residents of the City partially through ad valorem taxation. The owners of the improved properties directly benefiting from the City's provision of the additional services do not contribute to the payment for the cost of those services through ad valorem taxation until those improvements are placed on the tax roll. (e) The City Council finds that the imposition of the interim services fee upon new development for the cost of the City providing additional City services to newly developed and improved property during the interim period between the time the new development is completed and the time said improvement is placed on the tax roll represents a fair method to apportion the cost of City-provided services to the recipients of those services. Ordinance No. 97-_ Page 3 Sect. 2. Purpose; intent. (a) It is the intent of the City Council to establish an interim services fee in order that new development receiving additional City services be required to pay only its proportionate and fair share of the costs of such services without reference to the valuation of the property receiving or benefiting from said services, and said fee shall not in any manner, directly or indirectly, be an ad valorem tax, and (b) It is the further intent of the City Council that the interim services fee imposed for additional City services pursuant to this article shall be proportionate to the cost of the services benefiting new development for the period of time commencing with the issuance of a certificate of occupancy ending at the time such improvements are placed on the tax roll. Sect 3. Definitions. As used in this ordinance, the following words and phrases have the meanings ascribed in this section, unless a different meaning is set forth in another section of this ordinance or the context clearly indicates otherwise: (a) Building official: The person on behalf of the City of Aventura who is responsible for issuing a certificate of occupancy for new development. Ordinance No. 97-_ Page 4 (b) Certificate of occupancy: The term "certificate of occupancy" shall include certificate of occupancy, certificate of completion and release of electrical power which are issued by a building official to permit the occupancy or potential of occupancy of newly developed property or portion thereof. (c) Feepayer: That person or legal entity reflected on the public records (e.g., development application, building permit or other document) of the City of Aventura as the owner of real property upon which a new development has been commenced. (d) Interim services: A user fee imposed on owners of new development for City services which are available to the property at the time of the issuance of a certificate of occupancy and prior to being placed on the City of Aventura tax roll. The actual interim services fee shall be determined in accordance with the Schedule of Fees adopted from time to time by the City Council as set forth in Section 12 of this ordinance. (e) New development: The construction, reconstruction, alteration or extension of a building, structure or foundation to improve or alter real property, either from its natural state, or where there exists or once existed another structure, or to rebuild or modify a residential, retail, commercial, office, industrial or community facility, institutional use. (f) Schedule of fees: The schedule of fees shall be adopted by Resolution as provided in Section 12 of this ordinance. Ordinance No. 97-_ Page 5 (g) Structure: Any building or improvement to real property located within the City of Aventura for which a certificate of occupancy is required. Sect. 4. Fee established for services to certain properties. (a) There is hereby established an interim services fee which shall apply to those real properties located within the City with new development, either permanent or temporary, for which a certificate of occupancy is required, for full or partial use of the premises, and which shall cover the period from the date of issuance of the certificate of occupancy until and including the ensuing December 31st. the date normally preceding the day the new development requiring the certificate of occupancy is assessed by the Dade County Property Appraiser and placed on the tax roll. (b) The interim services fee shall be based solely upon the benefits applicable to the new development as set forth in the Schedule of Fees adopted by Resolution of the City Council pursuant to this Ordinance. (c) In the event that the feepayer disagrees with the amount of the interim services fee to be charged pursuant to the schedule of fees: (1) The feepayer, at his option, may submit evidence to the City Manager or his designee indicating that the interim services fee to be paid according to the schedule of fees is incorrect as applied to the feepayer's new development. The City Manager or his Ordinance No. 97-_ Page 6 designee shall adjust the interim services fee if substantial evidence is submitted that clearly demonstrates that an adjustment is necessary under the methodology upon which the interim service fee is based. The burden shall be upon the feepayer to provide all relevant data, analysis and report(s) which would assist the City Manager or his designee in making a determination. The analysis and report(s) must be based upon generally accepted practices and methodologies and the formula as set forth in the schedule of fees. All additional information or modification to the evidence presented shall be received by the City Manager or his designee within thirty (30) days from receipt of the initial evidence to said City Manager. (2) All decisions by the City Manager shall be based on the evidence presented by the feepayer, the staff file and other relevant evidence. Said evidence must be relevant to the methodologies and the formula set forth in the schedule of fees. (3) The City Manager or his designee's decision to adjust, or refuse to adjust, the interim services fee pursuant to an independent fee calculation shall be final. Said decision shall be made in writing and shall be furnished by regular U. S. mail to the feepayers at the address provided by the feepayer. Ordinance No. 97-_ Page 7 Sect. 5. Fee; when paid. (a) The interim services fee shall be paid upon the issuance of a certificate of occupancy, either permanent or temporary, and the certificate of occupancy shall not be issued until such time as the interim services fee has been paid in full. (b) The payment of the interim services fee shall be in addition to any other fees, charges or assessments due for the issuance of a certificate of occupancy. (c) The obligation for payment of the interim services fee shall run with the land. Sect. 6. Fee revisions. The City Council may from time to time amend the interim services fee resolution to increase or decrease the rate of the interim services fee as it applies to new development. The interim services fee may be adjusted from time to time to reflect the significant changes in the operating budget of the City, if necessary. Sect. 7. Exemptions. The following shall be exempt from payment of the interim services fee: Property consisting of a structure already reflected on the County tax roll, where a certificate of occupancy is required for purposes of either an alteration Ordinance No. 97-_ Page 8 or remodeling of an existing residential, nonresidential or lodging unit that does not entail an increase in square footage use, or traffic generation. Sect. 8. Collection and deposit. The City Manager or his designee shall be charged with the collection of the interim services fee which shall be collected as a condition prior to the issuance of a certificate of occupancy by the building official. The fee shall be determined in accordance with the Schedule of Fees as set forth in the interim services fee schedule. A separate line item shall be established in the General Fund to account for the collection of the interim services fees. All interim services fees collected shall be used to offset the services for which the interim services fee was established. Sect. 9. Collection of fees when not paid by mistake or inadvertence; alternative collection in municipal areas. In the event the interim services fee is not paid prior to the issuance of a certificate of occupancy because of mistake or inadvertence, the City shall proceed to collect the interim services fee as follows: (a) The City Manager or his designee shall serve, by certified mail, return receipt requested, an interim services fee statement notice upon the feepayer at the address set forth on the certificate of occupancy. Service of the interim services fee statement notice shall be deemed notice of the interim services fee due and service shall be effective on the date of the return receipt indicating the notice was received by the Ordinance No. 97-_ Page 9 feepayer. The interim services fee statement notice shall contain the legal description and shall advise the feepayer as follows: (1) The amount due and the general purpose for which the interim services fee was imposed; (2) That the interim service fee shall be delinquent if not paid and received by the City within thirty (30) calendar days of the date of the interim services fee statement notice is received, excluding the date of receipt, and upon becoming delinquent shall be subject to the imposition of a delinquent fee and interest on the unpaid amount until paid; (3) That in the event the interim services fee becomes delinquent, a lien against the property for which the certificate of occupancy was issued shall be recorded in the Official Records Book of Dade County, Florida. The cost of recordation shall be included in the amount of the lien. (b) The interim services fee shall be delinquent if, within thirty (30) calendar days from the receipt of the interim services fee statement notice by the feepayer, the interim services fee has not been paid and received by the City. Said time periods shall be calculated on a calendar day basis, including Sundays and legal holidays, but excluding the date of receipt of said interim services fee statement notice. In the event the last day falls on a Sunday or legal holiday, the last due date prior to becoming delinquent shall be the next business day. Upon becoming delinquent, a Ordinance No. 97-_ Page 10 delinquency fee equal to ten (10) percent of the total interim services fee imposed shall be assessed. Such total interim services fee, plus delinquency fee, shall bear interest at the statutory rate for final judgments calculated on a calendar basis, until paid; (c) Should the interim services fee become delinquent as set forth above, the City shall serve, by certified mail, return receipt requested a "notice of lien" upon the delinquent feepayer at the address appearing on the certificate of occupancy and the interim services fee statement notice. The notice of lien shall notify the delinquent feepayer that due to the failure to pay the interim services fee, the City shall file a claim of lien, including the cost of recording same, with the Recording Division of Dade County, Florida. (d) Upon mailing the notice of lien, the City shall file a claim of lien with the Recording Division of Dade County, Florida for recording in the Official Records of the County. The claim of lien shall contain the legal description of the property, the amount of the delinquent interim services fee and the date of its imposition. Once recorded, the claim of lien shall constitute a lien against the property described therein. The enforcement of such lien shall be as provided in Section 10 herein. Sect. 10. Lien provisions. Ordinance No. 97- Page 11 Any nonpayment of or any form of payment of the interim services fee which, subsequent to the issuance of the certificate of occupancy, is not honored or accepted, for whatever reason, by a national banking institution, shall remain due and payable and shall constitute and is hereby imposed as a special assessment lien against the real property upon which such fee remains due; and until fully paid and discharged, or otherwise barred by law from being assessed, shall remain a lien equal in rank and dignity with the lien of the City for ad valorem taxes and senior in dignity to all other liens, encumbrances, titles and claims, into or against the real property containing the structure. Such special assessment lien may be enforced by any of the methods provided for in Chapter 85, Florida Statutes, or an alternative foreclosure proceeding may be instituted under Chapter 173, Florida Statutes, or the collection and enforcement thereof may be accomplished by other methods as allowed by law. The owner of the real property shall pay all costs associated with enforcement and collection of unpaid interim services fees, including reasonable attorney fees, court costs, abstracting expenses and other related costs incurred. Sect.11. Administration of Ordinance. The City Manager or his designee shall administer this ordinance. The duties shall be as set forth in this section and as established by the City Manager and shall include: Ordinance No. 97- Page 12 (1) Providing technical assistance, information and advice to the City to ensure proper collection, remittance, accounting, controls and auditability of the interim services fee. (2) Reviewing the independent fee calculation as provided in Section 4(c) of this ordinance. Sect. 12. Interim services fee schedule. The interim services fee referenced herein shall be adopted by the City Council by resolution after a public hearing. A copy of the fee schedule shall be available for inspection in the Office of the City Clerk. 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 Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Ordinance No. 97-_ Page 13 Section 4. Conflict. That all sections or parts of sections of the Code of Ordinances, all Ordinances or parts of Ordinances, and all Resolutions, or parts of Resolutions in conflict are hereby repealed to the extent of such conflict. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Councilmember who moved its adoption on first reading. The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger Council member Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey M. Perlow Councilmember Patricia Rogers-Libert Vice Mayor Jay R. Beskin Mayor Arthur I. Snyder The foregoing Ordinance was offered by Councilmember who moved its adoption on second reading. The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger Councilmember Ken Cohen Council member Harry Holzberg Councilmember Jeffrey M. Perlow Council member Patricia Rogers-Libert Ordinance No. 97-_ Page 14 Vice Mayor Jay R. Beskin Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 18th day of November, 1997. PASSED AND ADOPTED on second reading this 16th day of December, 1997. MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Council FROM: DATE: November 10,19 SUBJECT: Interlocal Agreement With Dade County Department of Environmental Resources Management (DERM) and Dade Cities to Share Costs Associated With N.P.D.E.S. Permit Requirements November 18, 1997 City Council Meeting Agenda Item If:> RECOMMENDATION It is recommended that the City Council authorize the execution of the attached Interlocal Agreement by and between the City and DERM for professional services associated with National Pollution Discharge Elimination System (N.P.D.E.S.) operating permit requirements. BACKGROUND Federal Regulations require all counties and affected municipalities, including Aventura, to file a National Pollution Discharge Elimination System (N.P.D.E.S.) permit to monitor stormwater outfalls and to reduce the discharge of pollutants to the maximum extent practicable in accordance with E.PA guidelines. In order to reduce costs and achieve economies of scale the attached Interlocal Agreement has been prepared by Dade County. A majority of the cities in Dade County have executed the Agreement. The Agreement fairly distributes the cost of administering the permit between all participants and also authorizes the County to monitor the discharges. The total cost is $600,000. The City's share, based on the number of catch basins, is $19,200. Staff indicates that the initial cost savings would be over $25,000 not including ongoing efforts to report and monitor the permit requirements. The costs are included in the budget as part of the Stormwater Utility Program. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0402-97 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED INTERLOCAL AGREEMENT FOR PROFESSIONAL SERVICES ASSOCIATED WITH NPDES OPERATING PERMIT BY AND BETWEEN THE CITY OF AVENTURA AND METROPOLITAN DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT; 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 COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute the attached Interlocal Agreement for Professional Services associated with NPDES Operating Permit by and between the City of Aventura and Metropolitan Dade County Department of Environmental Resources Management. 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 who moved its adoption. The motion was seconded by and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger Council member Ken Cohen Resolution No. Page 2 Councilmember Harry Holzberg Councilmember Jeffrey Perlow Councilmember Patricia Rogers-Libert Vice Mayor Jay R. Beskin Mayor Arthur I. Snyder PASSED AND ADOPTED this 18th day of November, 1997. ARTHUR I. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EMS/tms INTERLOCAL AGREEMENT FOR PERFORMANCE BY METROPOLITAN DADE COUNTY DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM) OF PROFESSIONAL SERVICES ASSOCIATED WITH THE FIVE YEAR NPDES OPERATING PERMIT BY CITY OF AVENTURA AND DERM This Interlocal Agreement (" Agreement") is made and entered into this day of , 1997, by and between Metropolitan Dade County, through its Department of Environmental Resources Management (DERM) [hereinafter sometimes referred to collectively as the "COUNTY"] and CITY OF AVENTURA, [hereinafter sometimes referred to as the "CITY"], in order that the City may be included as a co-permittee in so far as the boundaries of the City of Aventura are included under the Environmental Protection Agency [hereinafter "EPA"] National Pollutant Discharge Elimination System [hereinafter "NPDES"] Permit Application Regulations for Storm Water Discharges; Final Rule [hereinafter "NPDES Final Rule"], and that the professional services required to accomplish the tasks set forth in the NPDES Final Rule and the NPDES Operating Permit may be initiated and performed on behalf of both the CITY and the COUNTY as co-permittees. Section I Definitions For purposes of this Agreement, the following terms shall apply: Aareement shall mean this document, including any written amendments thereto, and other written documents or parts thereof which are expressly incorporated herein by reference. ~ shall mean City of Aventura, by and through its Office of the City Manager. COUNTY shall mean Metropolitan Dade County, by and through its Department of Environmental Resources Management ("DERM"). FORCE MAJEURE shall mean an act of God, epidemic, lightning, earthquake, fire, explosion, hurricane, flood or similar occurrence, strike, an act of a public enemy, or blockade, insurrection, riot, general arrest or restraint of government and people, civil disturbance or similar occurrence, which has had or may reasonably be expected to have a material adverse effect on the rights or obligations under this Agreement. In all other instances, terms used in this Agreement shall have the definitions contained in the EPA NPDES Final Rule 40 CFR Parts 122, 123 and 124 (Attachment "A"), incorporated herein by reference. Section II Term of Agreement The term of this Agreement shall commence with the date of execution, and shall expire on November 16, 2000. Section III Scope of Work The parties hereto stipulate and agree that the EPA is requiring as part of a five year NPDES Operating Permit the sampling, monitoring, and analyzation (hereinafter "analysis") of a variety of storm sewer systems throughout Dade County. The parties hereby agree that the costs attributable to implementation of this operating permit shall be the joint responsibility of all participating municipalities, and shall be based on a percentage rate obtained by dividing the number of outfalls that drain to United States bodies of water existing in each participating municipality by the total number of outfalls existing within the geographic boundaries of all co-permittees. Section IV COUNTY's Obligations Comnliance with NPDES Oneratina Permit The COUNTY perform all analysis and related activities as required in County's NPDES Operating Permit (hereinafter "NPDES Permit"). shall Dade Permits The COUNTY shall obtain all applicable federal, state and local permits and approvals (with the exception of CITY permits and approvals, if any, which shall be obtained by the CITY) which are required in order to conduct activities required under the NPDES Permit. Renort The COUNTY shall provide the CITY with a report which shall set forth the CITY's obligations under the NPDES Permit and the results of all monitoring and sampling activities required under the NPDES Permit. Notice of DERM Meetina(s) The COUNTY shall provide the CITY with oral or written notice of all regular meetings held by DERM staff for the purpose of reviewing the compliance status with the NPDES Permit. Section V CITY's Obligations Submittal of Outfall Information The CITY agrees to provide the COUNTY with outfall update information as promptly as any changes in outfalls occur, in order that the data maintained by the COUNTY may be accurate and current. Prevention of Theft of COUNTY Eauioment The CITY shall take reasonable steps to prevent theft or vandalism of COUNTY equipment located within the CITY's jurisdiction. The CITY acknowledges that such equipment may be placed within the CITY's area of jurisdiction for extended periods of time, as necessary to complete the sampling and monitoring tasks contemplated by this Agreement and the NPDES Permit. Comoensation Within ten (10) days from the date of execution of this Agreement the CITY shall make a lump sum payment to the COUNTY of its orooortionate share of the payment due to the COUNTY for associated monitoring activities which are the CITY's financial obligation pursuant to this Agreement. The sum due shall be determined by dividing the total cost for analysis by the relative percentages that each participating municipality contributes towards stormwater drainage to United States bodies of water. It is hereby stipulated and agreed that the total cost for analysis is a yearly stipend. The yearly cost as calculated will be due on the anniversary date of execution of this Agreement in following years until the end of the permit period (August 31, 2001) of the five year NPDES Permit. Failure to pay the agreed-upon lump sum payment or subsequent payments shall be deemed default by the CITY pursuant to this Agreement, and shall result in a reversion of the CITY's NPDES Permit status to Individual Permit Holder. As of September 30, 1997, twenty-three (23) cities and the Florida Department of Transportation (FDOT) have indicated their participation as co-permittees in the NPDES Final Rule process. Therefore, based on these cormnitments, the nrooortionate share of each co-permittee has been calculated and is listed on Attachment "Boo. Hold Harmless The CITY shall hold harmless the COUNTY from any and all damages or other liability incurred by the CITY by virtue of any action which might be taken by EPA against the CITY based upon the results obtained during the sampling and reporting set forth by the Part 2 EPA NPDES Final Rule process, or by any results obtained during the five year term of the NPDES Permit. Access/Citv Permits The CITY shall provide the COUNTY with reasonable access at all times as necessary to accomplish the analysis of any storm sewer systems which may be located within the CITY's jurisdiction. The CITY shall obtain any CITY permits and CITY regulatory approvals required in order for the CITY to accomplish the above activities that may be located within the CITY's jurisdiction. Section VI County Event of Default without limitation, the failure by substantially fulfill any of its material accordance with this Agreement, unless justified shall constitute a "COUNTY event of default". the COUNTY to obligations in by Force Majeure, If a COUNTY event of default should occur, have all of the following rights and remedies exercise singularly or in combination: the CITY shall which it may with all effective 1. the right to declare that this Agreement together rights granted to COUNTY hereunder are terminated, upon such date as is designated by the CITY; 2. any and all rights provided under federal laws and the laws of the State of Florida. Section VII CITY Event of Default In addition to the provisions set forth in Section V, Compensation, and without limitation, the failure by the CITY to substantially fulfill any of its material obligations in accordance with this Agreement, unless justified by Force Majeure, shall constitute a "City Event of Default". If a City Event of Default should have all of the following rights and exercise singularly or in combination: occur, the COUNTY shall remedies which it may with all effective 1. the right to rights granted upon such date as declare that this Agreement together to CITY hereunder are terminated, is designated by the COUNTY; 2. any and all rights provided under federal laws and the laws of the State of Florida. Section VIII General Provisions Authorization to Reoresent CITY in NPDES Permit The CITY hereby authorizes the COUNTY to act on its behalf with respect to the monitoring and sampling portions of the NPDES Permit and shall comply with all requirements imposed by EPA with respect thereto as a condition of the NPDES Permit. Attendance at DERM Permit Review Meetinas The CITY may, but is not required to, attend any or all regular meetings held by DERM staff for the purpose of reviewing the status of the NPDES Permit. Termination Either party may terminate this Agreement without cause by providing sixty (60) days prior written notice of intent to terminate to the other party. The CITY shall be entitled to reimbursement of monies paid to the COUNTY only in the event of termination for cause by the CITY, or termination without cause by the COUNTY, and the CITY shall then be entitled to such reimbursement only to the extent that services providing information useful to the NPDES Permit have not been rendered by the COUNTY. Upon termination by either party, the NPDES Permit status of the City shall revert to Individual Permit Holder. Entire Aareement: Prior Aareements Suoerseded: Amendment to Aareement This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this Agreement, and that this Agreement contains the entire agreement between the parties as to matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that this Agreement may be modified, altered or amended only by a written amendment duly executed by the parties hereto or their representatives. Headinas Captions ease of reference only Agreement and shall not any provisions herein. and headings In this Agreement are for and do not constitute a part of this affect the meaning or interpretation of Notices and ADDroval Notices and approvals required or contemplated by this Agreement shall be written and personally served or mailed, registered or certified United States mail, with return receipt requested, addressed to the parties as follows: To County: Dade County Department of Environmental Resources Management 33 S.W. 2 Ave, Suite 1200 Miami, Florida 33130 Attn: Department Director 305/372-6789 To City: City of Aventura 2999 N. E. 191 Street, Suite 500 Aventura, FL 33180 Attn: City Manager 305/466-8910 Performance bv Parties Except as otherwise provided in this Agreement, in the event of any dispute arising over the provisions of this Agreement, the parties shall proceed with the timely performance of their obligations during the pendency of any legal or other similar proceedings to resolve such dispute. Riahts of Others Nothing in the Agreement expressed or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement. Time is of Essence It is mutually agreed that time is of the essence in the performance of all terms and conditions to be met and performed pursuant to this Agreement. Governina Law This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The COUNTY and the CITY agree to submit to service of process and jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this Agreement or a breach of this Agreement. Venue for any court action between the parties for any such controversy arising from or related to this Agreement shall be in the Eleventh Judicial Circuit in and for Dade County, Florida, or in the United States District Court for the Southern District of Florida, in Dade County, Florida. Severabilitv The invalidity of one or more of the phrases, sentences, clauses, or Sections contained in this Agreement shall not affect the validity of the remaining portion of the Agreement, provided the material purposes of this Agreement can be determined and effectuated. waiver There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such right. No delay or failure to exercise a right under this Agreement shall impair such right or shall be construed to be a waiver thereof. Any waiver shall be limited to the particular right so waived and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. IN WITNESS WHEREOF, Metropolitan Dade County, Florida, has caused this Agreement to be executed in its name by the County Manager or his designee, attested by the Clerk of the Board of County Commissioners and has caused the seal of the Board of County Commissioners to be hereto attached; and City of Aventura, Florida has caused this Agreement to be executed in its name by the City Manager or his designee, attested by the City Clerk and has caused the seal of the City to be hereto attached, all on the day and year first written above. Harvey Ruvin, Clerk of the Board METROPOLITAN DADE COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS Attest: By: Clerk of the Board By: County Manager ATTEST: City of ATTEST: Aventura, FLORIDA By: City Clerk By: City Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: Assistant County Attorney By: City Attorney . Attacbment:__,,~~._ __ Friday November 16, 1990 ~ ~ Part 'IJ Environmental . Pro~ection Agency .. - 40 CfR Parts 122, 123, and 124 National ponutant Discharge Elimination System Permit Application Regulations for Storm Water Discharges; filial Rule @ Printed on Recycled Paper Attachment "A" (Continued) Federal Register I VoL 55. No. 22Z I Friday, November 16. 1990 I Rules and Regulations 48063 case-by-case b.sl.. An applicanl b expecled 10 "\cnow or have reason 10 believe" thai a pollulant Is peaenlln an emuenl based 011 an evalualloa or the expecled us.. producllon. oi- Ilorage oC the pollulant. or on any previous analy... Cor the pollutanL (For example. any pesllclde manufaclured by a Cacllily may be expected to be presenlln conlaminal.d slorm wale,' runoff f'rom Ihe Cacilily.) . . . . (k) Application requiremen/$/or new lource. and new di.cbal1fes. New manufaclurlng. commercla~ mining and sllvlcuUural dlschafllers applying Cor NPDES pennUs (excepl Cor new disChafll.s oC CaelUlIes subject 10 the requlremenls oC paragraph (h) oC this s.ction or new dischaflles of slorm waler associated with Industrialactivlly which are subject to the requirements ~C I 122.26(c)(l) and this .ecUon (except as provided by 1 12U6(C)(I)(lI)) .hall provide the Collowlng lnformaUon to the DIrector. using the appllcation Corma provided by the Director: . . . . . 4.. Section 122.22(b) introductory lexl Is revised 10 read as Collows: f 122.22 SIgnatories to pennIt apptlca_ _....ports (sppIIcable 10 State_ ... f 123.Z$). . . . . . (b) All reports required by permits. .nd olher lnCOI1II&Uon r'!'queated by the Director sl>all be slaned by a person desaibed In paragraph (a) oC thia .ecllon. or by a duly authorized 'epresenlative oC thai person. A person ts a duly authorized representative only if: . . S. Section 122.26 Is revised to read as follows: f 122026 Stann water dlschltgl' (a~abllto Stat. HPOES _ sea ! 123.251- (a) Pet'l1lit requ/remenL (1) Prior to October 1. 1992, dlachuaea composed ,nllrely of slorm wate1' shall nol be required 10 oblaln a NPDES perntll except . (I) A dischsflle with reapect to which . pennlt has been lsaued prior to February 4.. 1981; (il) ^ discharge assoclaled wilh nduslrial activity (seel 122.26(a)(411: (iIIl A dischaflle f'rom alaflle . <Jniclpal .eparate .term .ewer sy.tem: (Iv) ^ discharge Crom a medium ~.JOicipalleparate .tann sewer system: (vi ^ dischaflle which the Direclor. or , Sta I.. with approved NPDES programs. either the Director or the EPA egional Administrator. detennlnes to 1ntribute to a violation of!1 waler quality .Iandacd or b a sf8nlficanl contributor oC pollulanllto walen oC the Unlled Stales. This designation may Include a dischaflle &om any conveyance or syslem oC conveyancea us.d Cor collecting and conveying slonn waler runoCC or a system oC cIiscIuoflles Crom municipal.eparale slorm .....rs. excepl Cor those dischaflle. Ct'O."Il conveY4{lce. which do nol require a permit wider parasraph (a){2) or this secUon or agricuIluraI.IOmt waler runoff which Is ex.mpled &om the deflnillon oC poinllOurce &11122.2. The Dlreclor may deslgnale discharges Crom municipal separale slorm sewers on a syslem-wlde or jurisdiction-wide basis. in maldng this delermlnation the Director may consider the Collowlng Caclors: (A) Th. location oC the discharge with respect 10 wal.rsoC the Unlled Slales as defmed al40 CFR 122.2. (B) The size oC the clischarse: (e) The quantily and nature or the pollutants clischargedto waters of the United Stales: and (0) Other relevanl Cactors. (21 The Dlreclor may nol require a permll Cor dischaflles of slorm wate1' runolf &om mining operations or 011 and gas exploration. production. processing or treatmenl operations or transmission CdelUties, composed enllrely oC nows which are Crom conveyanceaor syslems oC conveyances (including but DOt 1Im1led 10 pipes. conduits. dilches. and channell) used Cor coDect1n8 and conveying precipitation runoff ad which are nol conlamindledby contact with or thai has nol come Into contact with. any overburden. raw malerla~ intermediale products, finished product. byproduct or wasle products localed on the site oC such operations. (3) Lol1fe and medium municipal leparate l/ot'l1l .eWl!r .ysl4ms. (l) Pennlts musl be oblalned Cor all dlschafll.s Crom.laflle and medium municipal separale storm .ewer sy.lems. (II) The Director may either bsue one syst.m-wlde permll covering all dischaflles &om municipal separale slorm sewers within a Iaflle or medium munlcipal'lorm sewer syslem orbsue distinct permit. Cor appropriate calegories oC dischaflles within a laflle or medium municipal separate .torm sewer .yslem Including. bul not limited 10: all dl.chaflle. owned or operaled by Ihe lime municipality: located within the 11m. JurlsdlcUon: all dlschaflles within a syslem thai discharge lolbe same wSle..bed: dlschafll.s wllbln a syslem thai are similar In nature: or for Individual discharges from municipal separate storm lewers within the system. (Ill) The opera lor oC a discharge Crom a municipal s.parale .torm sewer wblc-.b Is pari oC a laflle or medium municipal separale storm sewer sy.lem must either: (AI Participate In a pennll application (10 be a permlllee or a co-permlttee) with one or more oth.r operalors oC dischaflles Crom thetaflle or-medium municipal slorm .ew.r syslem wblch covers al~ or a portion oC al~ dischafllp.s Crom the municipal ..parale slorm s.wer syslem: (B) Submit a distinct permit application wblch only covers dischafll.s Crom the municipal separa Ie slorm sew.rs Cor wblcb the opera lor Is responsible: or (e) A regional authority may be re.ponslble Cor subllllffillll a permlt application under the Collowlng guidelines: , (t) Th. regional authority log.ther with co-appllcants shall have authority over a storm waler management program thai Is in existence, or oball be In exlslence althe tim. pari 1 or the application Is due: (2) The permit applicant or co- applicants sball establish thelr abUlly 10 make a timely submission of part 1 and part 2 or llie municipal application: . (3) Each. oC the operalo... oC municipal separate storm sewers within Ih. syslems described lnparagraphs(b){4) (I). (II). and (iii) or (h)(1) (I). (II). and (Ill) or this .ection. that are under the . purview oC the desfBnsled regional authorlly. shall comply with ~e application requirements ofparasraph (d).oC thia s.ctlon. (Iv) On. pennllappllcation may be submitted Cor all or a portion oC.all munic!pal.eparate s.lorm sewers within adjacenl or Inlerconn.ct.d lafll. or medium munlclpalseparal. slorm sew.r syslems. Th. Director may Issu..one . .ystem-wld. permll covering all. or a portion oC all municlpalseparale stonn sewers In adjacent or interconn.ct.d laflle or medium municipal separale alorm sewer syst.ms. (vi PermIts Cor all or a portion of all dlschaflles &om lafll. or medium municipal separale .j.orm sew.r systems thai are issued on a sy.l.m.wlde. . Jurisdiction-wid., wal.rshed or oth.r basis may .peclCy differenl conditions relating 10 differenl dlschaflles covered by the pennlL Including different manag.m.nl programs Cor different drainage areas which conlribtile slorm wal.r 10 th. .yst.rn. . (vi) Co-pennlllees ne.d only comply wllh pennlt condition. r.lating 10 dlschaflles Crom Ihe municipal separate storm sewers (or which they are operators. Attachment "A" (Continued) FederalReglster I VoL 55, No. 222 I Friday, Novemb~r 16. 199Q I. Rules and Regulations 4a06S (A) Phy.lcallnterconnectlona . between the muniCipal ;eparate .torm "ewera: (8) The locaUon of dlocha'lle. from the de.lgnated munlclpalaeparate .torm .ewer relaUve to dl.charges &om municipal .eparate .torm aewen described In paragraph (b)(1Xi) oC thl. .ecllon; . (e) The quanUty and nature oC ponutant. dI.cha'lled to walers oC the UnUed Slate.: . (0) The nature oC the receiving waters: or lEI Other relevant factors: or (Iv) The Director may, upon peUUon, designate as a ml\dlum municipal .eparale .lonn sewer .ystem. munlclpal .eparate .torm .ewers localed within the boundaries of a reslon dermed by a .torm. water management regional authority based on a JurbdlctlonaI. watershed. or other appropriate basis thatlncludea one or more of the .y.tems desaibed In paragraplu (b)(1) (I). (Ii). (Iltl of thl. .ecUon. (8) Municipal #~para14 #torm #ewer meana a conveyance or ayatem oC conveyance. (Includins roads with dralnase .y.tema, munlclpaf .treets. catch baalna. curb.. CUllen, ditches, man-made channela, 01' .torm dralna): (I) Owned or operated by a Slate. city. town. borough. county. pariah. dI.trlcl, assoclaUon, or other pubUc body (created by or pursU&lll to State law) having JurladicUOII over dlapo.al of .ewage. Indu.trlal wastes, .lotm waler. 01' other w..le.. including .peeIa1 dlstrlct. under Slate law nch a. a .ewer dI.trlc:l. Oood control dlatrlct or dralnase dl.trlcl, 01' similar enUly. or an Indian trlbe or an authorized Indian tribal o'llanlzaUon, or a de.fgnated and approved management agency ander .ecUon 208 of the CW A that dlscha'llea to waters oC the United Statea; (II) Designed or u.ed for conectlns or conveying atorm water: (iii) Which Is not a combined lewer: and- (Iv) Which I. not pari DC i. PubUcly Owned Treatment Worb (P01WJ u dermed at 40 CFR 121.Z. (9) Outfall meana a paint #ou= a. d.rm.d by 40 CFR 122.% at the point where a municipal .eparate .torm .ewer di.cha'lle. to waters oC the United Stat.. .nd doe. not Include open ( (>Rveyances connecllns two municipal r('parale alorm .ewers. or pipe.. tunnel. or oth.r conv.yance. which connect I egmenta of the .ame Itream or other vat.rs oC the UnU.d State. and are used (: convey waten of lhe United Stalel. (IO) Overburden m..ns any mat.rial ",f lIDY nature. consolidated or lllcon.olidated. that overlies a mineral 1 r-"'il)sit. excluding topsoil or similar naturally-occurrlng .urface mal.rial. that are not dl.turbed by mIning op.raUons. (11) Runoff coefficient m.a... the fracUon DC total rainfall that will appear a( a conveyance ., runoff. (12) S;gnlflC(Jnt ma14tial$lnclude.. butla notlimU.d to: raw malerials: Cu.la: mat.rial. such u .olv.nt., d.le'llenta, and plastic p.lI.t.: finished mat.rialo .uch u metallic products: raw mat.rialo u..d In food processing or producUon; hazardous .ubstance. deslgnat.d und.r .e'elion 101(14) of CERCLA: any ch.mlcal the-facility Is required to report pursuant to .ecUon 313 of Utl. m DC SARA: f.rtlllz.rs: pesUcld..: and wast. products such u ash.., .Iag and .Iudge that have the pot.nUalto b. rel....d with .torm w!lter dl.charies. (13) Stonn water m.an. .tonn water runofr, .now m.lt runoff. and surface runoff and dralnas.. (14) Storm water dischorge a$socio14d with indu$trial activity m.ans the - dlscha'll' &om any conv.yance which Is us.d for coll.ctIns and conv.yIng .torm wat.r and which I. directly relat.d to manufacturing, proces.1ng or raw mat.rlal. .torage area. at an Industrlal plant. Th. t.rm do.. not Include discharges &om faeiliU.. or acUvlUes excIud.d from the NPDES prosram und.r 40 CFR part l2Z. For the categori.s of Industrle. Id.nUfied In paragraplu (b)(14) (11 through (x) of thl. .ectlon, the term InClud... but I. not IimIt.d b. .torm water dI.charg.. from Industrlal plant yard.: immediate aeca.. roads and rail line. u..d or traveled by carri.rs DC raw malerials, manufactured products. waste materiaL or by-products used or cr.ated by th. faeility; mat.rial handUng .it.s: reCuse .it..: .It.. us.d for the applicaUon or dI.po.al of procell w..te wat... (u defin.d at 40 CFR part 401): .it.. used for the .torage and malnt.nance of mat.rial handlfng .qulpm.nt; .ite. u.ed for re.ldual treatm.nt. .torage. or dlspo.al: ahlpplng and receiving areaa; manufac:turin8 buUdinga: .toras. areu (including tank farms) lor raw mat.rial., and Int.rm.dlate and fInI.hed products: and areu wh.re Indu.trlal acUvlty ha. taken place In the put and .lgnIficant material. remain and are .xposed to .torm water. For the catesorie. DC Indu.trl.. Id.nUfied In parasraph (b)(14)(x1) of thl. ..cUolt, the term Includ.. only .lorm water dlacha'll" from all the .rea. (.xcept aeca.. road. and raU 11n..) that are Ii.t.d In the previous sentence where material handling .qulpm.nt or acUvlU... ra w material.. Int.rmedlate product., fin.1 products. waste materials. by-products. or lndustrial machlnery are exposed to .tonn wat.r. For the purpo... DC this paragraph. materi.1 handling .cUviU.s Include the .torase. loading and unloading. lr!ln.porlaUolt, or conveyance DC any raw mat.riaL Int.rm.diale product. finished product. by-product or wast. product. The term exclud.s areu locat.d on planlland. ..parate from th.-plant'.lnduslrial acUvlU.., .uch a. office building. and accompanying parking 101. as long u the dralnag. from the exclud.d ar.a. I. not mixed with .tonn wat.r drained from the above d..crib.d ar..s. Induotrlal faeiliU.. (including Indu.trial faeiliU.. that are Fed.rally, State. or municipally owned or op.rat.d thai m.et the descripUon oC the Cacllllie. lI.ted In thl. parasraph (b)(14)(IKxi) oC thl. .ectlon) Include Ifu>.. C.clllu.. designated under tha provl.lons oC paragraph (a)(l)(v) DC this ..cUon. Th. fonowlng categori.. of faclIlU.. .re considered to be engaging In "Industrial acUvlty" for 'purpo... DC this .ub"cUoD: (I) FaeiliUes .ubJ.ctto stonn wat.r -eWuent1lmltaUons guid.IIn... new .ouree performance standards, or toxic pollutant eWuentstandards and.r 40 CFR .ubchapter N (except faeillUe. with toxic pollutant eWuent.tandards which are exempted und.r cat.gOl)' (xl) In paragraph (b)(14) ofth1s "CUOIl): (II) FaclliUes c1...lfied as Standard Induotrlal auslfieaUona Z4 (except 2434). Z8 (excel't Z85 and Z67). Z8 (.xcept %83). Z9, 311. 32 (except3Z3). 33, 344L 373: (Ill) FaeillUes c1us\6ed as Standard Induotrlal aasalllcaUona 10 through 14 (mInerallllduslly) Including active or inactive mining operaUona (except Cor area. of coal mining operaUonsno longer m..Ung the d.fInIUon oC a recIamaUon area under 40 CFR 434.11(1) becauoe the performance bond I.su.d 10 che faeility by the appropriate SMCRA auchority hat been reI.ued. or .xcept for area. ofnon-<:oal mining operation. which have been rel...ed Crorn applicable Slate 01' Federal reel.mation requirements aft.r December 11. 1990) and od and gaa exploraUon. production. proeelling. or treatment operaUons, or transmllllon faeiliU.. that dbcha'll' .torm wat.r contaminat.d by contact with or that bu come Into contact. with. any overburd.n, raw materiaL Intermedlat. products. finished products, byproducts or wast. produclS located on the .lte DC .uch'operatfons: (lnacUve mining operaUon. are mining .U.s that are not being actively mined. but which have an Id.ntifiabl. owner I operator: lnacUv. mining .lle. do not Includ. .lle. wh.re mining claims are being maintained prior to disturbances as.oelated with the .xtraction. beneficiaUon. 01' processing or min~d Attachment "A" (Continued) Fedeml Register I VoL liS, No. 22Z I Friday, Novembe~ 16, 1990 I !tules and Regulations 48Q67 (5) flow meuuremenla or e.timate. of Ihe now ule. and the total amount of .tIllcharge for the .Iorm evenl('1 .ampled. andlhe method 0( now meuaremenl or estimation: and (6) The dale and duraUon (In houral of the .torm evenl{11 ~ampled. ralnCall n\elluremenl. or eslimale. of the .Iorm .venl (in Inche'l which Beneraled the .ampled runoff and the duraUon belween the .Iorm evenl'lIlI1pled and the .nd of the prevlou. meuurable (sre.l.r than 0.1 Inch raJn(alll.lorm evenl (in houn): . (f) Operalors of a dl.charge which I. composed enllrely of .Iorm waler are ex.mpl from the requlremenla'of 1122.21 (BJ(2). (g1(3). (gK 4). (g)(5). (g1&)(IJ. (g)(7)(1i). and (g)(7)(v): and (GI Operalors of new lOurce. or n.w ditcharg.. (u deflOed In 1122.2 of this part) which are composed In part or enllr.ly of IIOIm waler musllnclud. e.timales for the pollulanla or panmelers Ibled tn parasraph (cKl)(il(E) of thI. .ecUon lnatead of actual aamp1lns data. alons with the IOUI'Ce of each e.limate. ~to... of new IOurce. or new d1schaqes composed In part or enllrely of .torm waler musl provide quanUtaUve data for the paramel.... Ii.ted In parqraph . (c)(lKI)lEI 0( thia secIIon within two y..... aller COnlmencemenl 0( d1acharge. unl..s IUch data has already been report.d under the monItortnc requlremenla of the NPDES permit for the discharge. Operators of a new .ource or new d1acharge which Is composed enllrely of ,tann water are exempl from the requiremen" of 1122.%1 (Ic)(3KII). (Ic)(31(1ll). and (Ic)(51. (U) Th. operator cilan exlslfns or new Ilorm waler di.charge thai" usodated with Indu.trial acUvlty solely under parasraph (b)(14)(x) 'Of thia .ectlon, .. .xempl from the requiremen" of 1 122.21(g) and parasraph (c)(l)(l) of thI. lecUon. Such operator shall provide a "arraHve de.cription of: (AJ The IocaUon (lncIudfns a map) and the nature of the conslructlon acUvily: (B) The lola. area of Ibe aile and Ibe area of the. .lte thai .. expected to mderso .xcavaUon dwlna the life of the perml~ (C) Propo.ed mea.ure.. lncIudlns be.t manaBement pracUce.. 10 conCroI pollulanl. In .Iorm water discharge. 'urlni construcUon. lncIudfns a brief de.crlpUon of applicable State and local , ro.lon and .edim.nl control ~ ~qulrement.: (D) Proposed m.uure. to control ! ollulanls In Ilono waler discharses ~nl( will occur .rter construction ope. ailons have be.n compl.led. ncl .dins a brief description of applicable 51ale or local ero'lon and .ecliment control requlremenla: lEI An e.limate'of Ibe runoff coelllclenl of the .lte and the Increase In Impervlou. area after the COlIJlrucUon addressed In the permit application Is compl.led. the nature offiU malerlal and exblfns data de.cribfnt the .011 or the qualily of Ibe dischaise: and (f) The name of Ibe receiving waler. (Ill) The operator of an exllllns or new discharge compo.ed enllrely of .Ionn waler from an oU or Bas exploration. producUon, proces./ns. or treatmenl operaUon, or transmls.lon faclUty t. not required 10 .ubmlt a pennllappllcalion In accordance wllb parasrapb (cl(110) of thia .eclloa. unless the faclUty: (A) l1a. had a di.charge of .Iorm water re.u1lins In the discharge of a reportable quantily for which notification" or wa. required punuant to 40 CFR 117.21 or 40 CFR 3OUl~at anytime .Ince November 18. 1987: or (B) Ha. had a discharge of .torm water resulllns In the discharge of a reportable quantily for which notification Is or was required punuant to 40 CFR 110.& at any time .lnce November 18. 1987; or (C) Contribute. to a violation of a waler quality .tandard. Ov) The operator of an exlsUns or n.w discharge composed enllrely'of .Ionn water from a mining operation .. not required to .ubmlta permltappllcaUon unles. the ~e has come Into contact with, any overburden. raw material, intermediate proc!ucll, fllll.hed prodact, byproduct or waste products located on ihe .lte of such operaUon.. (v) ~p1lcanla .hall provide .uch other lnConnation Ibe Director may reasonably require under 1 122.%1(g)(13) of thia part to clelermlne whether to I.sue . permlland may require any faclUty .ubJeclto pa...,...ph (cl(lXII) of thia sectI"" to comply with parasraph (c)(l)(IJ of thia section. (2)'GIOUp application lor discha/Be. DU<<:/ated with industrial activity. In . lieu of IndiYldual appllcatiOn& or notice of Intent to be covered by a Beneral permll for.lor1Il waler discharges a..ocIated wllb IndustrialacUvlty. a llfOUP appllcaUou may be filed by an enUty rer.resenllns a sroup olappllcanl' (except aclUUe. lhal have exlsllns IndlYldual NPDES pennlla for .Iorm water) \hat are part of the .ame lubcalesory (see 40 CFR .ubchapler N. part 40S to 4711 or, where .uch srouplns I. Inapplicable. .re .ufficlenUy .Imllar as to be appropriale for Beneral pennll coverage under 1122.28 of thll part. The part 1 application .hall be .ubmllled 10 the Office of Waler Enforcemenl and Permits. U.s. EPA. 401 M 51ree~ SW. Washinstoa. DC %0460 (EN-336) for - approvaL Once a part 1 appll(:llUon I. approved. sroup applicants ..eto .ubmll Part 2 of the sroup application 10 the Office of Water EDforcemenland Penults. A sroup appllcaUon .han consist of: (II ParlI. Part 1 of a sroup application .halb . (AlldenUfy the partlclpanla In the BrouP appllcaUon by name and location. FaclUtie. partlplpalfns In the BrouP application ihall be listed In nine .ubdivl.lon., based on the facility locallon relaUve to the nine precrpltalion zone. indicated In appendix E to lhl. part. (8) Include a narrative de.cription . .wnmartzins the Industrial acUvllles of partlclpanla of the sroup application and explalnins why the partiolpants. as a whole. are .ulficlenify .loiUar to be a covered by a Beneral periUt: (C) Include a Iisl of .lsnIficant material. slored expo.ed to precrpltation by participants In the sroup application and mat~a1s DlanaBement practice. employed to diminish contact by Ibese materials with precipitation and .Ionn waler runoff; (D)JdenUfy ten percent oflbe . dischargers participating In Ibe sroup application{wllb a minimum 0(10 discharge.... and either a mlnhnum of two discharge... from each preclpltaUon %Dne Indicated In appendix E at Ibl. part In whtch len or mOre members af Ibe llfOUP are located, Drone dlacharger from each precipitatiOn zone Indicaled In appendix E of thI. part In which nine - or fewer members of the llfOUP are localed) from wblch quantitaUveJlata will be .ubmllled In pari z.1C IIIOre than 1.000 raclUties are IdenUfied In a sroup application, no IIIOre than 100 dischargers musl .ubmlt quanUtaUve data In Part Z. Group. of belween foar and ten dl.chargers may be fanned. However, In sroup. of between roar .no tea. at leasl half the facllltie. musl .ubll\ll quantitaUve dal.. and alleasl One facility In eachJ:reclpltation zone In which members of e sroup are located musl.ubmll data. A de.crlpUon of. why the faclUtie. .elected 10 Perform sampUns and analysis are repre.entative of the sroup as a whole In term. of the Informallon provided 10 parasraph (cJ(ll (I)(Bland (IXC) of Ihls .ecUon, .hall accompany Ibl. .ecllon. Different faclors Impacllns.the nalure of the .Iorm waler discharge.. .uch as proceue. used and material manasemen~ .hall be represented. 10 Ihe exlenl feasible, In a mann.r roughly equlvalenlto their proportion In the sroup. (II) Pari 2. Part 2 of a group appJication shall contain quantitative Attachment "A" (Continued) FederalReglaler I VoL 55. No. 222 I Friday, November 16, 1990 / Rulel and RegullUoQ8 48069 Iny other point ot Iccen .uch.a. manhole.) rendomly located lhrnushout the Itorm lewer .y.tem bY.pl8clng a srld over a dralnase Inlem map, and identiryins those cenl ot the srld which contain I .esment or the .torm .ewer .y.tem or malor outlalL The field Icreenins poinls .hall be eltabliahed usins the followlns sufdeline. and criteria: (1) A srid IYltem consisting or perpendicular north-.outh and east-we.t IInel Ipaced V. Dille lpart .hall be overlayed on a map or the municipal Itorm lewer .yatem, creatlng.a lerlel ot cells: (2) All cells that contain a lesment or the atorm .ewer .ystem ,.hall be identified; one field .creenlng point .hall be lelected in each cell; malor outlall. . may be used a. field Icreening poinlJ; (3) Field .creenlns poinlJ .hoUld be located downstream or any 'OI1I'CeS ot .uspected lUesal or UUcit activity; (4) Field .creenlng poinlJ .hall be located to the degree precticable at the tarthe.t manhole M other accessible location downstream In the ayatelD, within each cell; however. aarety or Ceraonnel and accelSiblUty or the ocation .hould be considered In maldng thi..determlnation; (5) Hydrological conditions: total dralnase area ot the .Ile; popalation den.ity or the .Ile; traffic density; ase or the ItruCturea orbuUdIng.1n the area; hI.torr or the area; and tand use lWeI; (6) For medium lI1un1c1pal.eparate .torm .ewer .y.tems, DO IDOte than ZSO cella need to have identified field Icreenlng polnta; In Jarse municipal .eparate .torm .ewer .yateJllll, DO more than SOO cells need toove Identified field Icreenlns points: cells establlshed by the srld that contain no .torm .ewer legments will be eliminated from con.lderation; If rewer than ZSO cella In medium munlcipaloewera are created. and rewer than SOO In Jarse .yatema are created by the overlay on the municipal lewer map. ~ all thOle cells which contain a .esment or the oewer .y.tem Ihall be .ublect to field acreenlns (Unless access to the oeperate atorm lewer "y"tem Ia Impoaalble): and (7) Larse or medium municipal aeparate Itorm oewer ayalema which are emable to utlli%e the Pl'OClldure. ',Ie.cribed inrarasrapba (dXl)(lv)(D) (1) ,roush (6) 0 thll lection. because a "urnclently detaUed map or the leperalA: ,Iorm lewer IYllema Iaunavallable. 'lall field Icreen no mOle than SOO or ',0 ml/or outlalls ....pectively (or an la/or oatCalls In the IYltein, If lell); In Jch circumstance.. the applicant ahall ,"labllsh a srid Iy.tem conslatins or '1orth-.oulh and ea.t-west line. .paced " mile apart .. an .overlay (0 the houndariel of the municipal .tOlm .ewer 'Yltem, thereby creating a lerie. 0( calls; the appllc:ailt will then lelect malor outlal1a In al many calls .. poaaible unlUat Ieaat SOO malor outlalll (larse munlcipa1itiea) or ZSO mal"" outlalls (medium munlcipalltlel) are oelected; a field acreen1ng analy.11 ahall be undertaken at the.. mal"" outlall.. (E) ChatrJ~lionplan.lnCormation and a propoaed program to meet the requlrementa or parasraph (d)(%)(lU) or thla lection. Such deacrlption ahan Include: the Iocatian of outlalll or field acreenfns polnta appropriate ror rep....entative data collection.under parasraph (d)(2)rillJ(A).or thIa lectiOn. a description or why the outlall or field .creenfns point Ia repteoentative. the .ealona durlng.whlch IImpling II Intended. a description or the aampllns equipment. The propoaedJocation or OUtlalll or field Icreening polnta"ror IUch .ampling Ihould reflect water quality conca"," ($1M paragraph (d)(l)(lv)(C) ot thll lectlan) to the extent practicable. (v) Managemenlprogl'Ol1l6. (A) A descriptlan of the exlatlng mllll88ement prosraml to control pollntanta from the munlcipalleperate ltorm oewer 'Yltem. The delcription ahalI provide lnCormation on exlatlng ItruCtura1 and source controI., lndadins operation and malntenanca meaaurea for Itructural control.. thet are currently being Implemented. Such control. may lndude. but are notlimlted to: Procedurel to control poDutlon reaultlng &om conatruction activities: floodplaln mllll88ement contro1a; wetland protection measurea; beat management practicea ror new .ubdivlalona;and emergency Ipill relpaaue programa. The delcription may addresa conf1ola eltablllhed under State Jaw as well'as local requirements. . (B) A description or the exlltlng prosram to ldentlCy UUcit connectiona to the munlclpalltorm lewer IYltem. The delcriplion ahould lndude lnapection procedurel and melhoda for detecting and prnentlng UUclt c1Iachargel, and describe areal where thll prosram has been Implemented. (vi) FUca1 resollI'Ces. (A) A deacription or the financial ""Oureel C1Ut'enUr. avaDable to the municipality to comp ete part % of the permit application. A descriptiOll or the munlcipality'1 budget for exl.tIng Itorm water prosranu. 1ncludlng an overview or the munlcipallty'1 financial reloureel and budget. Inciadins overall Indebtedael' and auetl. and loureel or rundl ror It ann water prosrama. (2) Part Z. Part 2 or the application Ihall conllat or: (II Adequol8 legal authority. A demolUtration that the applicant can operate purauantlo JeSal authorlly eatabll.hed by atalule, ord1nanca "" .eriel or contracta which authorizel Or enablel the applicant at a minimum to: (A) Control throUBh ordinance, pennlt. contr.ct. order or llmOar mean.. the contribution or pollutanta to the munlclpalltorm .ewer by .torm waler dl.charsea a.socIated with Induatrial activity and the quality or atona Wlter dlscharsed from IUe. or Industrial activity; (B) Prohibit throll8h ordinance, order or llmOar meana, UUcit dilcharsea to the munlcipaloeparate atorm lewer; (C) Control through ordinance. order or llmOar nreena the discharge 10 a municipal leparate Itorm lewer or Ipills. dumping or dilpow or materials other than Itorm wa~ (0) Control througli Inieragenc:y asreemenls amons coawllcanta the contribution or pollutanb from one portion or the munlcipallYltem to , another portion or the municipal 'Yltem; (E) Require compliance with' conditionaln ordinances, pennlta. contraeta or orders; and (F) Carty out an lnapection. lurvelUanca and monltorins procedurel necessaty to determlne compliance and noncompliance with pennlt COnditlODl including the prohibition on UUclt di.chargea to the munlcipaloeparate storm &eWer. (ll) Source ldenli/icalion. The location or any malor outfall t!ult clIacltarsea to watera or the Unlted Stetel that WAI not reported under paragraph (d)(l)(Ul)(B)(Z) or thla lection. Provide ar\ InventolY. orsanlzed by waterahed or the nome ani address. and a de.crlptlon (.uch al SIC c;odel) which be.t refleeta the principal Jiroducta or lervlce. provided by each racillty which may discherse. to the munlcipalaeparate Itorm lewer. Itorm water associated with Indultrial activity; (lU) Characterization data. When Mquantitative data" ror a pollutant are required under parasraph (d)(a)(lU)(A)(S) or thll paragraph, the applicant mUlt coliect a lample or emuent In accordanca with 40 CPR 12%.2118)(7) and analyze U ror the .' pollutant In accordanca with analytic81 methoda approved under 40 CPR pert 138. When no analytical method fa approved the applicant may Ide any aultable method but mUlt provide a description or the method. The applicant must provide lnCormatlon charecter1%1n8 the quality and quantity oC,dllcharsel covered In the pennlt application. including: (A) Quantitative data Crorn reprelentative outfalll designated by the Director (based on inronnatioD received Attachment "A" (Continued) Federal Regili<lr J Vol 55. NQ. Z22 JFriday, November 16, 199Q I Rules and Ilegulatlons 4.8071 (B) /!. deoaipllon of I program. Including a Ichedule. 10 detechnd remove (or require the dlaclwger 10 the munlclpal ~eparale Ilorm sew.... to obtain a .eparate NPDES pennll for) lIIicll diochargel and Improper dIopoaal Into Ibe Ilonn sewer. 'The proPOled program shall Include: (1) A desaiption of a program. Including inspectio.... to Implemenl and enforce an ordinance. ord... or IlmIlar means 10 prevent Ullclt discharget to Ibe munlclpalleparale Itorm lewer "y"tem: Ibll program desa Ipllon Ihall addresl all types of illicit diocharge...however Ibe following catelCl<)' of non-alorm water discharges or nowl Iball be addressed wbere IUch discharges are Idenlified by the .munlclpaUly al.lOurces of pollulants to waters of Ibe United Slales: water Une nushing. landscape Irrigation. diverted Itream flows. rising ground walers. anconlamlnatedground waler Infiltration (as defined al40 CFR 35.2.005(20)) 10 leparate Ilorm aewers. uncomtamlnaled pumped grounCI water, dischlrges from .potable water sources. foundation drains. air condIlIonIng condenaation.lrrigation water. Iprings. water from crawl apace pump.. footing drains. lawn watering. individual re.ld~ntial car wa.hIng. nows from riparian habitats and wetlands, dechlorinated .wImmIng pool diocharges. and Itreet wash water (program de.aipllons lhan address discharges or nowa from fire fishtlng only wbere .uch dil~ or now. are Identltled a. Ilgnlficanl 10~ of pcillutanl. 10 walers of the United Slales): (2) A description of procedures to conduct on-golng field acreenlng .ctivities during the UCe of the permit. including area. ~ IocatiODllbat wI11 be .valuated by IUcli field screens: (3) A. desaiption or procedures to be [allowed 10 Inve.Ugate portions of Ibe leparate .Iorm lewer Iyslem lbat. bued '" Ibe re.u1ts of the field saeen. or .lber appropriale Informallon.lndlcale a ollOnable polenUal.of caalalnlng IIIlcII li.charge. or olber lOurces of IlOI11lama vater (Iuch procedures may 1acIude: ampllns procedures lor c:oaitilUents uch as fecal coUCOrDl, fecal lreptococcu.. .urractants (MBAS). ',idual chlorine. nuorld.. and olas.lum; lestiq wllb fiuorometrlc ye.: or conductiqln Ilorm sewer "peellon. where .dely and olber .In.ideralions allow. Such description "II Include Ibe locallon ofalorm "<fen that have been Identified lor "h evalualion): (1) ^ de.criplion 01 procedures to ,vent. conlaln. and re.pond 10lpills .:.i t may discharge into the municipal ~ar.le stonn sewer; (5) A description of a program to promote. pubUcIze. and facllllale public reporting of Ibe presence at illicit dl.charget or water quaUly Impa<:ts associated wilb dlocharg.. from munlclpalleparate .torm sewen; (8) A delaiption of educatioaal activities, public Informalion activltie.. and other appropriate activities 10 facilitate the proper management and disposal of nsed on and toxic malerlalo; and (7) A delaiption of controls 10 limit InfUtration of aeepage from munlclp~1 lanllazy lewers 10 munlclpalleparate .lorm Iewer.y.tems where necessary; (C) A delaiption 01 a program to monllor and controi pollulants In Itorm waler dlscharges!o munlclpallYllentS from munlclpallandliUo. hazardous waste treatment; dlspo..) and recovery laclllties,lnduslrlal facllltle. Ibal are InbJect 10 lection 313 of title m of Ibe Superlund Amendments and Reaulhorl%ation Act of 1986 (SARA). and Induslrlal facilities lballbe municipal pennll applicant delermlnes are contributing a .ubstantlal pollutant loading to the munlclpalltama lewer IYIIem. The program shall: . (1) Jdenlify priorities and procedures for inspecllons and establisblng and implementing conlrol measures for anch discharges; (Z} Deacrlbe a monltoring.program for .Iorm wa!er'dlscharg.. associated wilb Ibe Induslrlal facilities Identified In paragraph (d)(ZKlvKc) of ibis sectlon. to be Implemented during lb. term of Ibe' permlt.lnclndlng Ibe lubmlsslon 01 quantitative data on Ibe following constituents: anY pollutants limited In emuent sufdeUnellubcalegorles. where applicable; any pollutant listed In an existing NPDES permit for a facllllY; on and grease. COD. pH. BOO.. TSS. lolal phosphorus. tolal KJeldahl nitrogen. nitrate plus nitrile nitrogen. and any Information on dllcharges required under 40 CFR 1ZZ.Z1(g)(7) (W) and (Iv). (D) A desaiplion of a program to Implement and maintain IlrucIural and non-Ilruclural hestll\lDl8ement practices 10 reduce poUutants In .torm waler runoff from construction Illes to Ibe munlclpalltorm lewer Iystem. which Ihall Include: (1) A deicrlption of procedures lor .ile planning which 1ncoiporale consideration of potential water quaUly Impaell: (2) A delaipUon of requiremenll for nonslruclural and .lrucIural be.1 management practices; (3) ^ delaiption of procedure. for Identifying prlorlUe. for lnspecllqlites and enforcing control meaaure. which conside(' the nature of the construction actiyity. topography. and the . characterilticl of lOill and rccelvlns waler quallly; and (4) A de.aiplion of appropriale educational and tralnln8 mellures for construction lile operalors. (v) Aue..mt;nt of control.. Eslimated reduction. In loadings of pollutants from dlach~a of munlclpalltorm lewer consliluents from munlclpalltorm lewer aysteml expected al the relUlI of Ibe munlclpalllorm water quality III&Jl88CIIIC11I program. The aueument ahall also Idenlify known Impaell of atorm waler controls on ground waler. (vI),Fi$CVllonalysis. For each fiscal year to be covered by Ibe permit, a fIScal analYlil of Ibe necessary capllal and operation and malnlenance expendllurea nece.sary 10 accomplish Ibe activities of Ibe PlOJ!!lll1l under paragraphs (d)(Z) (I11).and (Iv) of ibis section. Such analysillhall Include a desaiption oflbe 100rce or funds Ibat are proposed to meal the neceasary expendltures.lncludlng legal restrlcUons on Ibe use of anch funds. (vii) Where IIJOn> than one legal enUty lubmlls an application. the application IhaIl conlaln a description of Ibe roles and responslbllltiel of each legal entity and procedures to ensure effective eoordInaUon. (viii) Where requirements under paragriaph (dJ(t)(Iv)(E). (dKZ)(II). (d)(Z){lII)(B) and (d)(Z)(Iv) at this leollon arem! praclicable or are nolappllcable. Ibe DirecIormay exclude any operalor of a discharge frolil a municipal separate Ilorm.sewer which II desf8nated under paragraph (aKl)(v).(bJ(4)(11) otlbJ(7)(II) of ibis aectlon from .oCh requlrem~ts. The Director Ihall not exclude Ibe ., operatllr of a discharge from a municipal leparale Ilorm sewer Identified In appendix F. Go H or I of part tzz. Cram any or the permit application requirements under Ibl. paragraph excepl where aulborized under tbls lection. . (e) -'opplicotian de<1dlines. Any operlllor 91a poinl aource required 10 oblaln a permll under paragrapb (aX1) of ibis aectlon that doe. nol have an effective NPDES permll covering its alama waler oullalls IhaU aubOOI an application In accordance wllb Ibe following deadlines: (1) For any Itona waler discharge associated wllb Industrlalactivily Idenlified In paragraph lbJ(t4) (IHxl) of Ibl. aeclion. thai Is not part of a group appllcallon as described In paragraph (cIlZ) of ibis lecllon or which I. nol covered under a promulgated Ilorm water general permit. a pennil application made pur.uantlo paragraph (c) of Ibi. .ecllon lhall be .ubmllled to the Director by November 18. 1091: AttachmeI1t "A" (Continued) Federal RegI.Iter I. VoL~ ss. :No. 212./ .Friday, NOl'ember 16. 1990 / Rule. and Reguladona 411073 7. Section 122.4% I. amended by add1n~ parqraph (c) 10 read aafoUowa; f 122..2 M:lIUonoI coudlllonnrl'lc.ble 10 apeclfted cal~ of NPOES perA1Ita (1jIplleable to Stm NPOES '" ogt am&, ... f 123.25). . . . . (c) Municipol.epora/e dorm &ewer '}'6/em.. The opera lor of aluae or medi"m munlclpal.ejJarale .tona .ewer .yalem .... a municipal aeparate .lona .ewer that ba. been de.lg'nated by the Director UDder 11%2.26(a)(I)(v) of thU perl musl .ubmlt an annual report by the ana!ven~ of the date of the IlIuinee of the permit for .uch .ystem. The report .haU Jac1ude: (1) The .tatus of Implementing the componeall of the .lona weter manegemeal program thelare eatabliabed a. permit conditions: (t) Propo.ed change. 10 the .tona water menage~t programs that are establiabed a. permit condition. Such propo.ed change. .baU be con.lstent with 1 122.28{d)(Z)(IIJ) of thI. part: and (3) ReVlslolII, If necessary, to the a..e.smeat of control. and the fiscal analy.ia reported Ja lile permit application UDder l.l%2.26(d)(Z)(lv) al\II (d)(t)!v) of thI. part: (4) A .wrunary of data, Including monitoring data, that I. accumulated throughout the reporUua year; (5) Annual expenditure. and budget for year foUowlng each annual report: (6) A' 'UDID\8l)' describing the number and natUl-e of enforcement action., inspectlOIll, and public education progranu: (7) IdenUfication of water quallly Improvemenll or degradalion: 7a. Perl.1U Ii amended by adding appendices E through I as foUows: ^t>pendix E 10 Part 122 "alnF.U Zones, of the United States r""" ~. .. o @ ;,; soot< " G) 40"11 ~ @ 1,0" ,~Qg @ ~ @ <> ..z\"'H Not Showu:IJa.ka (Zoue 7): Hawaii (ZaGe 7): Not1hem NariaAa Idaada (ZoGo 7): Caam (Zone 7): Am<rIC&Il Samoa (Zona 7): Truol TerritO<)' .r lba Pacllic 1.1aJW (Zoae 7): ....m. RIco (ZoGo " Vfr8In Itlanclt (ZoDa .). Sourw: MelhoclolosY ror.Analy.b of DetenU.n 0111... Cor Control.r UrbaJi Ranoff QuaUtY.l'repared for u.s. EnvlroMlental l'roteetlon ^coney, Office or Water. Haapalnt Soun:e Dlvl,lon. Wllhlll8ton. DC. lllllll. @ UON APpendix F 10 Perl 1ZZ-Inc:orporated PI&cet With PopuIatJo... Greal.r Than ZSO,llQCl AA:cording 10 Lalell Deceanla1 Cen&uo by Bureau of eo....... Slaw InoorpOnItod plaoo - IllmlIngIwn. Mzcn& "'-'be. Tucson. Colfo<ri< __ Lon; Such. Loo MgeMs. 0aId0nd. -- San Ologo. San Franciseo. Son Joso. nOM Stale lncOCPOl"ated plaCe Colorado ~. ~O/~_ __ - T_ Goo<lI'& - - QieIQO. ~ =- K-.c:ky .Lo<.ls\&. LoUslana New Orleans. IA<t)Iand ~ ~ Bos<on. IoAi:l1lgon DeOOIl. MInnesota ___ t.ftnMapo(is St Paul. Attachment "A" (Continued) Federal Register i V.oL 55. No. 2ZZ I Friday, November 16, 1990 I Rules and Regulations 48070 AulhocIty: Clean Water Act. 33 U.s.C.1251 e/.eq. 9. Section 123.25 I. amended by revl.lng paragrapb (a)(9) 10 read a. Collow.: I 123.25 RequIr'omonta for penn/ttfng. (8) .., . (9) U2Z.%6-{Stonn waler di.charse.): .. . PART 124-f'ROCEOUR~ FOR DECfSIONJ.tAKING 10. The aulbority cllation for part 124 continue. 10 read.. follow.: Authority: Resource Con.ervaUon and Recovery Act. 42 U.s.C. 6001 at oeq~ Sace Drinldns Water Act. U U.s.c. 300f al'eq~ Clean W.ter Ad. 33 U.s.e. 1251 el 'eq~ aad C1aan Air Ac~ U U.s.C. 1857 at oeq. 11. SecUon 124.52 Is revised 10 read .. Collows: I 124.52 PermIla reqw.d on a c:aae-lly- COl' buIa. (a) VarioUS.eCtiOM oCpart 122, .ubpart Ballow lbe Director 10 delermlne, on a case-by-case baais. lbal certain concenltaled animal Ceedlng operaUon'1I122.23), concenltaled aquatic animal production facilities If 122.24). .Ionn w.ler discharses If 122.26), and certain olber facilities covered by general pennlts (1122.26) lbal do not generally require an Individual penni! may be required 10 oblain an individual permil because oC lbelr conlributioM 10 waler polluUoo. (h) Wheneyer lbe Regional Adminl.\ralor decides lbat an individual permllls required under tbIs .ec\ion, excepl.. provided in paragrapb (c) oC lbl. section, lbe Regional Adminl.trator .ball notify lbe dlscharser in wrillng oC lbat decision and lbe rea50M for I~ and sball.end an applicaUon Conn wilb lbe notice. The discharser must apply for a . permit under f 122.21 wilbin 60 day. oC notice. unless permission f9,r a laler dale Is granled by lbe Regional Adminlsltalor. The question wbelber lbe designation was proper will remain open forcoMideration during lbe public coD1Dlenl period under f 124.11 or f 124.118 and in any subsequenl bearing. (c) Prior to a case-by-c&se detel'DllnaUon tbal an IndiVidual penni! Is required Cor a .torm waler discharge under Ibl. .ecUon (see 40 CFR 122.26 (a)(ll(v) and (c)(ll(v)), Ibe Regional Adminlsltalor may require Ihe discharser 10 submit a permi! appIlcaUon or other InCnnn~tion regarding lbe discharse under section 308 oC lbe CW A. In requiring such InCol'DlaUon, tbe Regional Administrator .hall notiCy lbe discharger in writing and .hallsend an application Conn with the noUce. The discharser must apply Cor a pel'Dlil under f 122.26 within 60 days oC notice. unless permission Cor a later date Is granled by lbe Regional Administrator. The question whether the InlUal deslgnaUon was proper will remain open Cor l'OIlsideration during lbe public comment period under f 124.11 or f 124.111\:Bnd in any subsequenl hearing. Note: The (ollowing (orm will DC\( appear In the Code or federal Regulations. ItUJtIQ COO< ............ A TT ACHMENT "B" "ANNUAL MONITORING COSTS FOR DADE COUNTY AND JOINT APPLICANTS" Municipality/Agency 1. Bal Harbour Village 2. Town of Bay Harbor Islands 3. City of Coral Gables 4. Dade Count~ 5. Fla. Dept. of Trans. (FOOT) 6. Town of Golden Beach 7. City of Hialeah Gardens 8. City of Homestead 9. Indian Creek Village 10. Town of Medley II. City of Miami Beach 12. Miami Shores Village 13. City of Miami Springs 14. City of North Bay Village 15. City of North Miami 16. City of North Miami Beach 17. City of Opa-Locka 18. City of South Miami 19. Town of Surfside 20. City of West Miami 21. Village of Key Biscayne 22. City of Aventura' Number of Outfalls II 54 104 1,644 740 39 4 6 13 I 206 36 2 52 163 222 9 12 12 2 23 110 Perceutage Total of Outfalls 0.3 1.6 3.0 47.4 21.3 l.l 0.1 0.2 0.4 0.1 5.9 1.0 0.1 1.5 4.7 6.4 0.3 0.3 0.3 0.1 0.7 3.2 Dollar Contribution for NPDES County PIns J. A.I 1,800 9,600 18,000 284,400 127,800 6,600 600 1,200 2,400 600 35,400 6,000 600 9,000 28,200 38,400 1,800 1,800 1,800 600 4,200 19,200 Totals: 3,465 100.0 l J. A. is Joint Applicant 2. Total Annual Cost for County and Joint Applicants' NPDES Requirements 3. Revised 04/28/97 Adding City of Aventura. Changes affect only Aventura and Dade County $600,0002 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Council FROM: Eric M. Soroka, City Manag DATE: November 14, 1997 SUBJECT: Work Authorization No. 15414.39 for Keith and Schnars, P.A.- N.E. 183'd Street Capital Improvement November 18, 1997 City Council Meeting Agenda Item ,1 - C. RECOMMENDATION It is recommended that the City Council authorize the execution of the attached Work Authorization with Keith and Schnars, P.A. to prepare construction plans, documents, permitting and construction observation relating to the N.E. 183rd Street Capital Improvements. BACKGROUND The City is in the final stages of entering into an agreement with Williams Island Road Corporation to accept the public dedication of the roadway, from Admiral's Port Condominium to the entrance of Williams Island. In order to accept the roadway, various safety, drainage and lighting improvements were identified by our City Engineers. The Capital Improvement Program for 1997/98 includes funds for various improvements to implement the recommendations of the Roadway Conversion Policy. The safety improvements will be coordinated with drainage, lighting and beautification improvements. It includes reducing travel lanes along the waterfront to improve sight distance and clear zones, pedestrian sidewalks and crosswalks, guardrails, the relocation of the Admiral's Port Condominium entrance to improve sight distance requirements and the installation of a drainage system. The plans are being prepared as a joint effort between the City's engineers, Keith and Schnars, P.A., the City's electrical engineers, Bailey Engineering Consultants and the City's landscape architect, O'Leary Design Associates. Memo to City Council Page 2 The fee for the Work Authorization is $134,640. The project budget is $1,150,000 as follows: Roadway Improvements Beautification Improvements Lighting Improvements Drainage Improvements $275,000 $300,000 $325,000 $250,000 The project schedule is anticipated to be as follows: Execution of Work Authorization - Award Bid for Project Construction Commences Project Completion November 1997 March 1998 April 1998 October 1998 The above schedule is an ambitious one that could be subject to weather conditions or other unforeseen issues. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0414-97 Nqv-14-97 02:34P P.02 WORK AUTHORIZATION NO. 15414.39 The City of Aventura has requested Work Authorization No. 15414.39, as provided for in the agreement between the City of Aventura and Keith and Schnars, P.A. and approved by the City Commission on August 20, 1996. This Work Authorization No. 15414.39 provides for technical services in accordance with Articles 3 and 4 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. Total estimated labor expenses are $129,640.00 Total estimated reimbursables are $5,000.00 The time period for this work authorization will be: BY 30 Days 30 Days 90 Days 120 Days CITY; CITY OF AVENTURA, FLORIDA through its City Manager BY City Manager Preliminary Design Final Construction Plans Permitling Construction Phase ATTEST City Clerk Teresa M. Smith Eric M Soroka _ day of ,19_ APPROVED AS TO FORM BY City Atlomey Weiss Serota & Helfman. P.A. Notice to Proceed Yes No Project Initiation Date RECOMMENDED through its Director of Community Service BY Director of Community Service Robert M. Sherman _ day of __, 19__ Ncv-14-97 02:34P P_03 Exhibit A Work Authorization No. 15414.39 Prepare Construction Documents for N.E. 183rd Street (Williams Island Boulevard) Scope of Consulting Services between The City of Aventura, Florida and Keith and Schnars, P.A. November 14, 1997 Nov-14-97 02:34P P_04 Exhibit A WORK AUTHORIZATION NO. 15414.39 Prepare Construction Documents for N.E. 183rd Street (Williams Island Boulevard) SCOPE OF CONSULTING SERVICES P~EAMBLE CONSULTANT proposes to provide engineering services associated with preparing construction documents for roadway conversion of the N.E. 183rd Street (Williams Island Boulevard) in the City of Aventura from Admiral's Port Condominum to N.E. 31st Avenue. The proposed design will incorporate elements delineated in the Capital Improvement Program report prepared by Keith and 8chnars, P.A. under Work Authorization No. 15414.00.05008. Specific elements of the design shall include, but not be limited to, the geometric design, horizontal alignment, sight distance, roadway drainage, clear zones, sidewalks, driveway modifications and signage. 1.0 Engineering Design Services 1.01 Preliminary Design The CONSULTANT shall prepare a preliminary roadway design for review by the City of Aventura and regulatory agencies. Prepare an opinion of probable cost for the proposed improvements. 1.02 Final Engineering Design The CONSULTANT shall prepare final construction documents for the following roadway improvements: 1. Adjust pavement width as required to achieve acceptable sight and clear zone distances. 2. Curb and gutter along the edge of pavement as required. 3. Drainage collection system. 4. Relocation of westem entrance of Admiral's Port Condominium to the west to meet acceptable sighl distance requirements. 5. Pedestrian sidewalks and crosswalks. 1 Nov-14-97 02:35P p_os 6. Pavement markings and signage. 1.03 Permitting Phase The CONSULTANT will provide technical criteria, written description and design data for use in filing the application for permits with agencies having jurisdiction to review the design of the project. Permit fees are the responsibility of the CLIENT and are not included within this agreement. Permit applications will be submitted to the following regulatory agencies: 1. Metropolitan Dade County Environmental Resources Management (DERM). 2. Metropolitan Dade County Public Works Department. 3. City of Aventura 1_04 Construction Phase The CONSULTANT shall provide construction observation services necessary to certify to the regulatory agencies that the construction work has been completed in substantial compliance with the approved documents and permits. Services included in this item are described as follows: a. Shop drawings: The CONSULTANT will review shop drawings, samples, other data and reports which the selected contractor is required to submit for review, but only for the conformance with design concept of the project and compliance with the information given on the design drawings. Such review shall not extend to means, methods, techniques, sequence or procedures of construction or to safety precautions and programs incident thereto. b. Site Visits: CONSULTANT shall make visits to the site at intervals appropriate to the various stages of construction as CONSULTANT deems necessary in order to observe as an experienced and qualified design professional the progress and quality of the various aspects of the contractor(s)'s work. c. Inspections and Tests: The CONSULTANT shall observe the utility testing required in final certification to certify to the responsible utility entity (the actual testing will be by others). 2 Nov~14-97 02:35P P.06 d. Construction Observation: Service shall include coordination with contractor(s) and responsible utility entity to facilitate construction of the improvements contained in the design plans including any preconstnJclion meetings. Inspections will be performed as required tor permits, record drawings, information, and final utility certification. e. Final Certification: The CONSULTANT will prepare the final certification and process record drawings for the design from the survey information to be supplied by the contractor or by other means agreed to by both CONSULTANT and CLIENT and certified to the appropriate agencies. We anticipate the following items requiring as-built certification: . Roadway and appurtenances Storm drainage system 3 " ~ " '" :n Cl z 0 ~ ~ '" " '" " 0 :n --< 0 m " I. 0 "- ,. 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I 0 ~ It I I .~, ~ l l1 I QD-- I '" I I , ~,I I II II ~-H- H-t TT - II I i I I 1- I I ,.. ... ... :D - 0 :? <: " m - 0 0'" ,." -< i<';' g li " " ~ m_c " ,.. ~ ,.. + l> ill"'''' 0(,'" - c ~ g :ll !!I C> l: -; m o ,.. -; m 1i: '" ~ ~ ~ ~ ~ OT. rl I $! g -; :D m ... -< ~:ll C- 0 '; C3 " fJ) ,00 ~ , (") o ~ ,.. C- O :D m () --< '; '" o :D '" '" ... ~ '" " " j(j I~ ,8 , Ii I J 1-; ~ '" z I~ m Iz ''01 ~- ::D' ;;;: " I~ ~ A !:; '::;: IE ~ <n r;; '; z '0 I", ,c- ]a (") o '" '!1 :D C ~ is Z " :r l> fJ) m z ::;: Co ;!: " '" '" m ,.. :D c ~ -; \: I ~ 0 ,. :D 0> - '" ~ ::! o Z 0 '" " m )0 :xl ~ Z e ~ m (") m 0 0 :D --< 0 m ... . '" ~ '" :xl ~ "'- 0" ;il~' re?:m'.~ 8lii':i!f ....:,'.,Q..: ... )0 C> m A o " A ~Q~:7n '~-hT-^Okl Nov~14~97 02:37P Nnv-14-97 09: 4fi~__ ..."'-i..... __ P.11 P.03 . ~ O'iEARY DfSIGN ASSOCIATES P.A. l"r.QSC^-JI't AXCl"IlltCl 01t,f lAND 'lI\NNI~G UR&^," DfSlCN (,1l."1'H'C DUICN November U. 1991 Ml:. Albert l CaluJlo C.pttlI Projects M8ll28er Ciry of Aventu,. 2999 NB. 1911t Sired, Suite MSOO Avent",.., Florid. lte: N.E. tUrd SITed Beaulilication AVClItura, Florida Oev Mr. C..luUo: Pursuant to our re<;~ JlICC1ing. the following is an ourfin. of professional services, for the above rderalc.ed project: 1) Vtrj truly yOun, Landscape ArchiteclIlral Design S"",ices fi:OJll Emcm Edge of lbe Mallllrovcs to the Wdliams Island intersection A} Completion of deWJed I.".be.pc and iIr'llation plans and bid docum<:nts. B) An<:lld ~ir<:d Inedings with City staff and adjacent homeowners associations. C) Coordinate the work of th<: project colee!nc&! eng;n<<r (B.iley ~n8ineering if Ccmsuh;mls). '!!/:: D) P<:rfOml tile required Ilrofcniotlill ~vices durin, the lIicld.i"8 Phase and Co 000 =-- COnslRlchoo Adminisuation Phase. _____:/ ( Our fee /'or thtse profersiollll serviu. will be Sixty Thollsand DoI'.~.OO), plus f'......... illeidt![\lala '''pemes. Pleaselcl me 'muw i1'you require IUlY addisi~~iOI) A #~ 't 1 (JD lJ I", l't O'U!A1\Y DESIGN ASSOCIATES, PA uJJt~ ~ ~ :;'0 00e., (10 /000' (lU ,ltJ!/111J Utl ~ II5{.(S WlLUAM A. OUAllY, FASLA - W AOlca. . "NO,ltl{n SUI1'!C11 MlAMI.fLO-'10" ):)IJ& t]O!iJ5"6.~~ OM F\~.t:A r-tl:Qff$S\C)NAl l".,,..TU. tlS2:i S.w ' . MeM6e:t(S or TII[ AMUICAN: soOfty OF L"'NO~f"E A,'KHI'TECTS Ncv-14-97 02:37P Nov-::-,1:.~?~, O~,,~.~~A P.12 p.05 ...-.._- NovemborlJ.1991 Mc.^IC""'Uo Capital "ojut Manaror City of A vOIIlllta 1999 NIl 191" Shel. guile SOO A""l\tlIta. FL )))80 R<:: IlollClway 4< LallllS!:.". LiibrinrOll183" Sir.... Avent...., Flonda Del< Mr. (:Mull.: w. IN pleased '" _. our JIIllIlll,al fDr electrical engi"eelinJ' sm1ct3 fDr tlJe above ",Qje,l. Our .....;ces shaJJ include dlo tolJo,..inw: I. COIlIplelled 1I'3cin1' of dtawi"p forthc worle. covenng all plla<t. of l>UI d........ m "",cOIdanc. ....lh a for",at Ik\aml"od by you. 2 1'11>&1 project $peCllications. ~ Cnnntinati<>ll wifll FP.tI. tor 01.,.,.,.;, .ervice ,e'llliJemrol' 4. final CO" t5'iuafc Cur the work pe,tonncd undtr thi, acrccmct\l. Aueod ""'o~ to ....Wet qu..tiolU relevant to OW 4..ip. S. Smncee c1unn8 tlidd"\8. ~. Slwp d"'""", revl""'. 7. SJw. visil!. during l;OD$tNCtion, Our liCope of servlCCS !Jl&II "",luck l&J~ strcct. {Coni US-I 10 th.c IDICtsCClian ar1lle OIltnllCe to Wilt...". [slaNi. Approximiloly 2110 "r a mIl. will wvulv. ",,"l1y .oadway h&hliog fi~l\I(o'. Tho remaiDWg 4/10 of" mil. will iDeluck~. 10ndecape and ped.........li~ting. Our fee for thi. work ,ball be SJO,ooo.OO. payoblo .. follcw5: WbQI Piano "'" 15% Cnmp1e\e When Pi..... ale 50% Complote Whm Plans are IO"A. Complete When PI",. arc 100% Complete It&:m 5 Comp'" (C_tnaCri"" P",IlfC") Tlem 6 ('~_ (C.....1nIClioll """"sr) l"m 7 Complete (Caa>lIuo;lillll rrocress) s ~.ooo.OO S 5,000.00 i 6.000J)(J 5 4,000.00 5 4,000.00 S 3,000.00 5 3,000.00 ~/7:-~ ~~~y;Z A(;("UmD DATE cc: William O'Leaty, O'leQl')t o."ign A~SQci:de-~ P\&l97oo..,. @ 2101 N ..........nR~VYE) AveNut::, SUITE "Q(.J. ~OAT L.^\10F.~OALI;;:, FLonID'" ::):l:;ll' (.9!14) "04w51 1 1 Hs,.)(: (954) 5f:>4.:.J;OJJO RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 15414.39 TO PREPARE CONSTRUCTION DOCUMENTS FOR NE 183RD STREET FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF AVENTURA AND KEITH AND SCHNARS, P.A.; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute the attached Work Authorization No. 15414.39 ($134,640) for the preparation of construction documents for NE 183rd Street in accordance with the Capital Improvements Program for professional services by and between the City and Keith and Schnars, PA 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: Councilmember Arthur Berger Councilmember Ken Cohen Resolution No. Page 2 Council member Harry Holzberg Councilmember Jeffrey M. Perlow Councilmember Patricia Rogers-Libert Vice Mayor Jay R. Beskin Mayor Arthur I. Snyder PASSED AND ADOPTED this 18th day of November, 1997. ARTHUR I. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EMS/tms TO: City Council CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, Cit DATE: SUBJECT: Moratorium Waiver Request - Eddie Yeh property November 18,1997 City Council Meeting Agenda Item JL. RECOMMENDATION It is recommended that the City Council grant the Waiver Request for the moratorium subject to the enclosed conditions. BACKGROUND Ordinance No. 97-22 created a moratorium upon the issuance of development orders concerning development within the Marina Area and Hospital Area within the City. Section 2 of the Ordinance provides that the City Council may grant a waiver when the City Council determines, based on substantial competent evidence, that the specific use or activity will not detrimentally affect the preparation and implementation of the City Plan and will be compatible with surrounding land uses. Property Information Location Owner: Location Size: Land Use Designation: Zoning Classification: Proposed Use: Proposed Variances: North: South: East: West: Eddie Yeh alkJa Huan Hui Yeh 185th Street 6.98 :t acres Residential 35.9 Units / Acre IU-1 Industrial Light Manufacturing Residential / 192 Units 27.5 Units / Acre None Identified at This Time Canal/Industrial FPL Substation / Residential Residential Residential/Industrial Memo to City Council Page 2 The surrounding land uses and development under construction adjacent to the site are residential in nature. In this regard, the specific use as residential is compatible with the existing surrounding land uses. Based on preliminary discussions with our planning consultants and the Community Development Director, if the residential structures provide quality development, it would not have a detrimental affect on the preparation of the Comprehensive Plan. Other uses such as commercial or industrial could be incompatible to the existing residential uses. In addition, commercial development would generate more traffic than residential development. The Land Use Plan of Dade County designates this area for residential development. In order to ensure the proposal is in conformance with the Comprehensive Plan, the following conditions are recommended: 1 . That the waiver be granted to a specific project and owner. 2. That the site plan be prepared in conformance with the Master Plan for the moratorium area approved by the City Council as part of the Comprehensive Plan. 3. That a contract for sale be presented to the City within sixty days. 4. That the owner cooperates with the City relative to the N.E. 185th Street road improvements. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0415-97 DH[~H~o ATTORNEYS AT L.\\';' l~~~~ID Clifford A. Schuhnan (305)579-0613 October 14, 1997 VIA HAND DELIVERY AND FACSIMILE Mr. Eric Soroka City Manager City of A ventura 2999 N.E. 191 Street Aventnra, Florida 33180 Re: Request for Waiver to Marina Moratorium Area Dear Mr. Soroka: On behalf of Mr. Eddie Yeh a/kIa Huan Hui Yeh (hereinafter referred to as "Owner") and Pre GP V Inc. (hereinafter referred to as the "Purchaser"), the undersigned hereby requests a pubic hearing before the City Council to request a waiver from the provisions of Ordinance 97-22 (the "Moratorium Ordinance"), which imposed a moratorium upon the issuance of development orders and permits within certain areas of Aventura. Mr. Yeh is currently the owner of the parcel of property more specifically described in the attached Exhibit "A" (the "Property"): Pre GP V Inc. is a prospective purchaser of such Property. The Property is located within the arca generally defined by the Moratorium Ordinance as the Marina Area. The Property is currently zoned ID-I (Industrial Light Manufacturing). This waiver is requested in order to permit the Owner and/or the Purchaser to request a change in zouing to RU-4M (Modified Apartment House District), permitting the development of the property with 35.9 uuits per acre, consistent with the current designation of the property on the Dade County Comprehensive Development Master Plan. Such use will not detrimentally affect the preparation and implementation of the City Plan, and will be compatible with surrounding land uses. Both the Owner and the Purchaser respectfully request that this matter be scheduled for a public hearing before the City Council at the next available Council meeting. Please notify me at the below address, or by facsimile at (305) 579-0717, once the public hearing has been scheduled. Please call me at 579-0613 if you need any additional iufonnation regarding this matter. Very truly yours, / /7 ,/7 /I,. " /' ..' // /f~// L C'<::'-W.// - rr ) ,..... Clifford A. Schulman Attachment cc: Judith Burke, Esq. GREEl\;BERG TRAURIG HOFFMAN LIPOFF ROSEN & QUENTEL, P. A. 1221 BRICKELL AVENUE MIAMI, FLORIDA 33131 305-579-0500 FAX 305-579-0717 MuVl! NEW YonK WASHINGTON, D.C. FORT L.H~fJEH[)\U: WEST PAL\I lh:.\CII TAIL\HASSEF OHLA:\fl(l EXHIBIT "A" A parcel of land lying in the N 1/2 of the SE 1/4 of the SW 1/4 of section 3, Township 52 South, Range 42 East, Dade County, Florida, being more particularly described as follows: Commence at the Northeast corner of the NW 1/4 of the SE 1/4 of the SW 1/4 of said section 3, thence run North 89 degrees 56 minutes 45 seconds West along the North line of the NW 1/4 of the SE 1/4 of the SW 1/4 of said Section 3 for a distance of 273.11 feet to a point; thence run South 0 degrees 02 minutes 30 seconds West a distance of 258.64 feet to a point of curvature of a curve concave to the Northeast; thence run along the arc of said curve, having for its elements a radius of 30 feet, a central angle of 45 degrees 04 minutes 53 seconds for a distance of 23.60 feet to a point of reverse curvature of a curve concave to the Southwest, having for its elements a radius of 100 feet, a central angle of 21 degrees 29 minutes 05 seconds. for a distance of 37.50 feet to a point on said curve, said point bearing North 66 degrees 26 minutes 42 seconds East from the center of said curve and being the Point of Beginning of the Parcel hereinafter to be described; thence continue Southeas'cerly along the arc of said curJe through a central ~ngle of 23 degrees 34 minutes 03 seconds for a distance of 41.13 feet to the point of tan9~ncy; thence run South 0 degrees 00 minutes 45 secone>: West for a distance of 240.70 feet to a point; thence Tun South 89 degrees 59 minutes 25 seconds East along a line parallel to and 70 feet North, measured at right angles, from the South line of N 1/2 of the SE 1/4 of the SW 1/4 of said Section 3, for a distance of 868.08 feet to a point; thence run North 0 degrees 31 minutes 59 seconds West along a line parallel to and 40 feet West, measured at right angles from the East line of the N 1/2 of the SE 1/4 of the SW 1/4 of said section 3, for a distance of 385.36 feet to a point; thence run North 89 degrees 58 minutes 05 seconds West along a line parallel to and 125 feet North, measured at a right angle, from the North line of the S 1/2 of the N 1/2 of the SE 1/4 of the SW 1/4 of said section J, for il distance of 576.95 feet to il point; thence run South 0 degrees 39 minutes 25 seconds East along a line parallel to and 50 feet East measured at a right angle from the West line of the NE 1/4 of the SE 1/4 of the SW 1/4 of said section 3 for a distance of 105 feet to a point; thence run North 89 degrees 58 m1nutes 15 seconds West for a distance of 297.03 feet to the Point of neginning. -( ~ I~ I~ > I~ ~ I Cf) 0 I -c --i I ::c m I :0 Z ~ I --i r Cf) :! ~ -. ~ (II , > ; n ~! ,. r > t r I \--. .E - '" = ~ ~ .-": ~ z .. ".., 1I '- ~ > n > ~ = , , , , I -+--- - ~ , = . - ~ .::: o ~ 3 - o c ::J Q. :;' <0 OJ '" '< ~- --.: """""- .".-- -.- (II 'TI i>> P> '" " ::r Q. o' " ~ '~"-rf"- ~: _ " ~.. --,- -~ k.. ,I.. Bisc'ayne' Boulevard .~ ;;'':''..:,= -," ;;:0', ;. __-J~_ -;j- 0-. '" . '1 -'- - ---- = ""- ~ '1' ~ (J,. ~ - > I - n ~ ; . > . ~ I I ~ I I ~ NE 29 Ave l- ........ AV :t () II> ;:;: ;,; - '< - > .;"U~ - (1(5 ..... '" >- C'> ..... I I I .--t- --- I I I I I I I . C'> . '. I~ i~ -s--. t3- I; I I , '=- e:>D r ~ --i _Cf) z ~ c o ~ -. --f' .; m )> Cf) --i m_ :0 Z Z I 0 l__~ : :I: ~ 1m=, I :0 ~ l;:z~ f ~ r ~ ~ z ~ +--~ Cf) +-- ,~ .l.> f~ ~r -~ => - n - ~ ., - ~ - o "l ~ -~ =>> -n .:.~ -0 I cOIlIln Cl.":tI - ~ - ~ - > - n o ~ > n - ~ ~ ~ ;:::0 ( v> I "'\ CP "" a> :; ;. - ~ =~ - ~ "'~ ~ ;,; - - - '.:---: ~ ~ )> ::0 - Z )> )> ::0 m )> m X I - OJ - -I )> CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, City ments TO: City Council DATE: November 13, 199 SUBJECT: Proposed City Charter A 1st Reading November 18,1997 City Council Meeting Agenda Item L 2nd Reading December 16, 1997 City Council Meeting Agenda Item_ In accordance with the direction of the City Council at the Workshop Meeting of November 10, 1997, attached is an Ordinance containing the amendments to the City Charter that will be presented to the electors of the City. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0413-97 WEISS SEROTA & HELFMAN, P.A. ATTORNEYS AT LAW 2665 SOUTH BAYSHQRE DRIVE SU ITE 420 LILLIAN ARANGO DE: LA HOZ* ROY .J. BARQUET MITCHELL A. BIERMAN NINA L. BONISKE DANIEL H. COULTOFF L. ROBERT ELIAS EOWARD G. GUEDES STEPHEN .J. HELFMAN ..JILL A. ,JARKESY* GILBERTO PASTORIZA ELLEN N. SAUL * GAIL. D. SEROTA* .JOSEPH H. SEROTA DANIEL A. WEISS. RICHARD ,JAY WEISS DAVID M. WOLPIN STEVEN W. ZELKOWITZ BROWARD OFFICE 888 EAST LAS OLAS BOULEVARO SUITE 710 FORT LAUDERDALE. FLORIDA 33301 TELEPHONE (954) 763-1189 MIAMI, FLORIDA 33133 TEL.EPHONE (305) 854-0800 TELECOPIER (305) 854-2323 November 12, 1997 PALM BEACH OFFICE 1672 SOUTHWEST 17TH STREET BOCA RATON, FLORIDA 33486 TELEPHONE (561) 392-8762 TELECDPIER (561) 392-7551 .OF COUNSEL Mr. Eric M. Soroka City Manager City of Aventura 2999 Northeast 191st Street Suite 500 A ventura, Florida 33180 Re: Proposed City Charter Amendments Dear Eric: Pursuant to City Council direction at the workshop meeting of November 10, 1997, we have prepared the enclosed ordinance providing for the amendment of the City Charter. Subsequent to final adoption of the proposed ordinance, a resolution will be prepared pursuant to Section 11 of the ordinance, calling the election and submitting the proposed amendments to the electors. That resolution must be adopted not less than 60 nor more than 120 days before the date of the election at which the amendments are to be presented to the electors, pursuant to Section 5.03 of the Dade County Charter. Please advise if anything further is required at this time. s~~ V~ David M. Wolpin DMW/cmb 328.001 Enclosure cc: Teresa M. Smith, CMC, City Clerk Richard Jay Weiss,Esq. ORDINANCE.NO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; PROVIDING FOR AMENDMENT OF THE CITY CHARTER BY AMENDING SECTION 2.02 "MAYOR AND VICE MAYOR", TO CLARIFY ANNUAL APPOINTMENT OF VICE MAYOR; AMENDING SECTION 2.05 "VACANCIES; FORFEITURE OF OFFICE; FILLING OF VACANCIES" BY AMENDING SUBSECTION (C) "FILLING OF VACANCIES" TO REVISE PROCEDURE FOR FILLING VACANCY IN OFFICE OF MAYOR AND COUNCILMEMBERS, REVISING PROVISION WHICH PROVIDED FOR VICE MAYOR TO FILL VACANCY IN THE OFFICE OF MAYOR; AMENDING SECTION 3.05 "BOND OF CITY MANAGER" TO PROVIDE THAT CITY COUNCIL MAY BY ORDINANCE REQUIRE CITY MANAGER TO FURNISH A FIDELITY BOND; AMENDING SECTION 5.01 "ELECTIONS" TO REVISE DATE OF ELECTION FOR MAYOR AND COUNCIL AND TO EXTEND CURRENT TERM OF OFFICE; AMENDING SECTION 8.07 "INITIAL ELECTION OF COUNCIL AND MAYOR" TO CONFORM TO AMENDMENT OF SECTION 5 . 0 1; AMENDING SECTION 7.03 "CONFLICTS OF INTEREST; ETHICAL STANDARDS" TO ENABLE CITY COUNCIL TO ADOPT ADDITIONAL CODE OF ETHICS REQUIREMENTS; AMENDING CHARTER BY CHANGING THE DESIGNATION OF THE CITY "COUNCIL" TO THE CITY "COMMISSION" AND SUBSTITUTING FOR THE TERM "COUNCILMEMBER" THE DESIGNATION "COMMISSIONER", AMENDING ALL SECTIONS OF THE CHARTER IN CONFORMITY THEREWITH; PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO ELECTORS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING FOR ADOPTION OF ENABLING RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 6.02 (a) (i) of the Charter of the City of Aventura provides that the Council may, by ordinance, propose amendments to the Charter subject to approval by the electorate at the next general election or at a special election called for such purpose; and WHEREAS, the Council has determined to submit certain proposed Charter amendments for approval or disapproval by the electors. 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:' Section 1. That Section 2.02 "Mayor and vice Mayor" of the City Charter, is amended by revising subsection (b) "Vice-Mayor" to read as follows: Section 2.02. Mayor and vice Mayor. (b) Vice-Mayor. During the absence or incapacity of the Mayor, the Vice-Mayor shall have all the powers, authority, duties and responsibilities of the Mayor. Semi-annuallv A ~t the first Council meeting after each rc~ul~r City election, or in ~ny cnlcnd~r YC3r in ..hich there is no re~ular City electioR, Qt the first Council meeting in the months of Mav and November of such year, the Council shall elect one of its members as Vice-Mayor. Section 2. That Section 2.05 "Vacancies; forfeiture of office; filling of vacancies" of the City Charter, is amended by revising subsection (c) "Filling of vacancies" of this Section, to read as follows: Section 2.05. Vacancies; forfeiture of office; filling of vacancies. (c) Filling of vacancies. A vacancy on the Council includino the Mavor's position shall be filled as follows: (i) If the vacancv occurs on the Council and no more thanless than six months remain in the unexpired term, the vacancy shall be filled by vote of the Council. If the vacancv occurs in the office of Mavor and no more than six months remain in the unexpired term. the vacancv shall be 'underlined text has been added; struck throu~h text has been deleted from existing language. 2 filled as provided by subparaqraph (Hi) below. (ii) If more than six months onc ycar or IIlereremains in the unexpired term of the Mayor or Councilmember, the vacancy shall be filled by a special election to be held not sooner than ~45 days or more than 90 days following the occurrence of the vacancy, unless there is a City. County. State or a national election scheduled to take place on any date(s) within 60 days beyond such 90 day period, in which case the vacancy shall be filled by special election on the first such election date. (iii)If oi][ ffiontho or more but IceD th~n one yc~r remain, the ~acancy ohall he filled hy the Council aD pro~idcd for in paragraph (i) of thio oubocction (el uRlcoo there io ;:l Ci ty, County, Ctatc or a national election ochcdulccl to ta]cc place on any clute (0) \J'ithin ouch period, in -.:fiich C;:lOC the .:a.cancy ohall be filled by opcci~l clcctisR on the firot ouch clcctioR date. (iii)If the Mayor's position becomes vacant, and no more than six months remain in the unexpired term of Mayor. the Vice-Mayor shall complete the term of Mayor. The vacancy thus created on the Council shall be filled in the manner that the vacancy of a Councilmember is generally filled under this Charter. The Council shall then appoint a new Vice-Mayor. +v+-liYl Vacancies in Northern Area seats (1 and 2) shall be filled by qualified persons residing in the Northern Area and vacancies in the Southern Area seats (3 and 4) shall be filled by qualified persons residing in the Southern Area. Vacancies in At- Large seats (5 and 6) shall be 3 filled by a qualified elector of the City. +v-i+ lY.l.. Persons filling vacancies shall meet the qualifications specified in this Article II. (viillY.il If no candidate for a vacancy meets the qualifications under this Article for that vacancy, the Council shall appoint a person qualified under this Article to fill the vacancy. (-.-iii l (vii l Notwithstanding any quorum requirements established herein, if at any time the full membership of the Council is reduced to less than a quorum, the remaining members may, by majority vote, appoint additional members to the extent otherwise permitted or required under this subsection{c) . ~(viii) In the event that all the members of the Council are removed by death, disability, recall, forfeiture of office and/or resignation, the Governor shall appoint interim Councilmembers who shall call a special election within not less than 30 days or more than 60 days after such appointment. Such election shall be held in the same manner as the first elections under this Charter; provided, however, that if there are less than six months remaining in the unexpired terms, the interim Council appointed by the Governor shall serve out the unexpired terms. Appointees must meet all requirements for candidates provided for in Article II. 4 Section 3. That Section 3.05, "Bond of City Manager" of the City Charter, is amended by revising this Section to read as follows: Section 3.05. Bond of City Manager. The Citv Council may provide by ordinance for ~the City Manager Ghall to furnish a Gurcty fidelity bond to be approved by the Council, and in such amount as the Council may fix., Gaid SORa to so oORaitioRed on the faithful pcrformaRco of hiD/her dutieo. The premium of the bond shall be paid by the City. Section 4. That Section 5.01 "Elections" of the City Charter, is amended by revising this Section to read as follows: Section 5.01. E1ections. (a) Electors. Any person who is a resident of the City, has qualified as an elector of the State and registers to vote in the manner prescribed by law shall be an elector of the City. (b) for the shall be Nonpartisan elections. All elections offices of Councilmember and Mayor conducted on a nonpartisan basis. (c) Election dates. A general election shall be held in each eveftQdd-numbered year, on the aay of the first Tuesday in March. accoRd Ct~tc primary election, er if none io held in any ouch year, en the firot Tusodny follo~.;ing the first. rionday of October. A run- off election, if necessary, shall be held on the third Tuesday in March. iR PT07olfll9or of c~ch c~cn numbered year, on the Dame day U.c. congrcooional clcctiono ~rc held, or if none :l.rc Bela in any year, on. the f irot Tucod:ty follo..ling- the firot r10Flclay sf said month and year. (d) General election. The ballot for the general election shall contain the names of all qualified candidates for Mayor if the Mayor's term is expiring and for each of the three council seats which are to be filled as 5 a result of three Councilmembers' terms expiring, and shall instruct electors to cast one vote for Mayor, if appl icable, and one vote for each Council seat, with a maximum of one vote per candidate. If any candidate for Mayor receives a number of votes greater than 50% of the total number of ballots cast, such candidate shall be the duly elected Mayor, and no run-off election for Mayor shall be required. If any candidate(s) for a Council seat receive(s) a number of votes greater than 50% of the total number of ballots cast, such candidate (s) shall be duly elected to the Council and no run-off election for that Council seat(s) shall be required. (e) Run-off election. The ballot for the run-off election shall contain the names of the two candidates for Mayor, if applicable, and the names of the two candidates for each Council seat who received the most votes in the general election. The ballot shall instruct electors to cast one vote for Mayor and to cast one vote for each Council seat, with a maximum of one vote per candidate. The candidate for Mayor receiving the most votes shall be the duly elected Mayor. The candidate for each Council seat receiving the most votes shall be duly elected to that Council seat. (f) Special elections. Special elections, when required, shall be scheduled by the Council at such times and in such manner as shall be consistent with this Charter. (g) Single candidates. No election for Mayor or any Council seat shall be required in any election if there is only one duly qualified candidate for Mayor or for any Council seat. (h) Absentee votes. Absentee voting will be permitted as provided by the laws of the State and under such conditions as may be prescribed by ordinance from time to time; provided, however, that no ordinance shall limit the right to vote by absentee ballot available under State law. (i) Commencemen t of terms. The term of office of any elected official will commence 6 seven days following the day of the regular or special election at which s/he is elected. Section 5. That Section 8.07 "Initial Election of Council and Mayor" of the City Charter is amended to conform to Section 4 of this Ordinance by revising this Section to read as follows; Section 8.07. Initial election of Council and Mayor. (a) Transition. This Section shall apply to all general and run-off elections for Council and Mayor held on or before December 31, ~1999, and any conflicting provisions of this Charter shall not apply to such elections. (b) Election dates. The first City general election shall be held on March 12, 1996. General elections shall also be held in ~1999 OR the day of the accoRd otatc prim~ry electioR, or if nenE arc held in aR)' ouch year on the first Tuesday folle-.Jing the firot ~qoRclay of OctoberMarch. The first City run-off election, if necessary, shall be held on March 26, 1996. Run-off elections shall also be held in NOYCmBer of 1998 on the oame clay that the u.c. con~rcooional election in held or if Rene in held, on the fiFot Tucoday follo..;in~ the firot ~qonduy of oaicl month. March of 1999 on the third Tuesdav of said month. (c) 1996 elections. elections in 1996 shall be procedures set forth in Section and (e), except as follows; The general and held pursuant 2.03 and Section run-off to the 5.01 (d) (i) only those candidates will qualify for election who have filed written notice of candidacy for Councilmember or Mayor (but not both) with the Dade County Elections Department, which notice is received before 5:00 p.m., January 26, 1996, and which notice shall: (A) indicate whether the candidate seeks the office of Councilmember or Mayor; if for Councilmember, a particular seat 1-6 shall be designated; (B) contain the candidate's certification that s/he is a qualified elector of the State of Florida, is registered to vote in the City and that the person resided continuously within the area comprising 7 the City since January 26, 1995; (C) contain or be accompanied by such other information or statement, if any, as may be required by the Dade County Elections Department; (D) be signed by the candidate and duly notarized; (E) be accompanied by a check payable to the Dade County Elections Department in the amount of $100.00; (ii) there will be six, rather than three, Council seats to be filled; (iii) the Mayor will be elected to a term expiring in N07cmber, 2000March, 2001; (iv) 5 will be -1-9-9-&March, Councilmembers elected to seats 1, 3 and elected to terms expiring in No',rcmbcr, 1999. (v) Councilmembers elected to seats 2, 4, and 6 will be elected to terms expiring in Novcmbcr, ~March, 2001. (d) -1-9-9-&1999 elections. The general and run-off elections in -1-9-9-&1999 shall be held pursuant to the procedures set forth in Sections[s] 2.03, 2.04 and Section 5.01(d) and (e), except that: (i) There will be no election for Mayor. (e) Maximum terms. Notwithstanding Section 2.03, any Councilmember (including the Mayor) elected in the 1996 election may serve for a maximum of nine consecutive years. (f) Induction into office. Those candidates who are elected at the first regular election shall take office at the initial Council meeting, which shall be held at 7 p.m. on March 28, 1996 at the Biscayne Medical Arts Building. Section 6. That Section 7.03 "Conflicts of Interest; ethical standards" of the City Charter, is amended by revising this Section to read as follows: 8 Section 7.03. Conflicts of interest; ethical standards. All Councilmembers, officials and employees of the City shall be subject to the standards of conduct for public officers and employees set by Federal, State, County or other applicable law. The City Council may adopt additional standards of conduct and code of ethics reauirements that are not inconsistent with Federal, State, County or other applicable law. Section 7. That the City Charter is amending by revising the designation of the City "Council" to City "Commission" and by substituting for the term "Councilmember{s)" the designation "Commissioner{s)". All sections of the Charter of the City of Aventura are to be amended in conformity with this section. Section 8. Form of Ballot. The form of ballot for the Charter amendments provided for in Sections 1 through 7, inclusive, of this Ordinance shall be as follows: 1. APPOINTMENT OF VICE MAYOR. The City Charter currently provides for a Vice Mayor to be appointed each year. It is proposed that the Charter be amended to provide that the appointment of Vice Mayor shall be made two times each year, at the first Council meetings in May and November of each year. Shall the above described amendment be adopted? Yes No 2. FILLING A VACANCY IN OFFICE OF MAYOR. The City Charter currently provides that if the Mayor's position becomes vacant, the Vice Mayor completes the Mayor's term. It is proposed that the Charter be amended to provide that a Mayoral vacancy shall be filled by the Vice-Mayor if no more than six months remain on the unexpired term, otherwise by special election. 9 Shall the above described amendment be adopted? Yes No 3. FILLING A VACANCY IN OFFICE OF COUNCILMEMBER. The City Charter provides that a vacancy in the office of Councilmember is filled by the Councilor by special election depending upon the length of the unexpired term and the occurrence of an election. It is proposed that vacancies for an unexpired term of six months or less be filled by the Council and that other vacancies be filled by special election. Shall the above described amendment be adopted? Yes No 4. CITY MANAGER'S BOND. The present City Charter provides that the City Manager shall furnish a bond but does not specify the type of bond. It is proposed that the Charter be amended to provide (1) that the City Council may by ordinance require the City Manager to furnish a bond and (2) if such bond is required that the form of bond is a fidelity bond. Shall the above described amendment be adopted? Yes No 5. REVISION OF GENERAL ELECTION DATE FOR MAYOR AND COUNCIL. The City Charter currently provides that the date of the general election for Mayor and Council shall be in October of each even numbered year. It is proposed that the Charter be amended to revise and extend the date of election to the first Tuesday in March of each odd numbered year. Shall the above described amendment be adopted? Yes No 10 6. CODE OF ETHICS. The City Charter currently provides for Councilmembers, officials and employees of the City to be subject to standards of conduct established by applicable laws. It is proposed that the Charter be amended to provide authority for the Council to adopt additional standards of conduct and code of ethics requirements. Shall the above described amendment be adopted? Yes No 7. DESIGNATION OF GOVERNING BODY AND ITS MEMBERS. The Charter currently designates the governing body of the City as the Council and the members as Councilmembers. It is proposed that the Charter be amended to designate the governing body as the Commission and the members as Commissioners. Shall the above described amendment be adopted? Yes No Section 9. 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 10. Inclusion in the Charter. It is the intention of the City Council and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Charter of the City of Aventura, Florida, as to each Charter amendment measure approved by a majority of voters voting on such measure in such 11 election; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 11. Enablinq Resolution. The City Council shall provide for enactment of an enabling resolution submitting the proposed amendments to the electorate pursuant to Section 5.03 of the Dade County Charter. Section 12. Effective Date. This Ordinance shall be effective upon adoption on second reading, and each of the Charter amendment measures provided herein shall be effective only upon approval of a majority of electors voting on the measure, effective upon certification of the election results. If conflicting amendments are adopted at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. The foregoing Ordinance was offered by Councilmember who moved its adoption on first reading. The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: Councilmember Jeffrey M. Perlow Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Arthur Berger Councilmember Patricia Rogers-Libert Vice-Mayor Jay R. Beskin Mayor Arthur I. Snyder The foregoing Ordinance was offered by Councilmember -' who moved its adoption on second reading. The motion was 12 seconded by Councilmember , and upon being put to a vote, the vote was as follows: Councilmember Jeffrey M. Perlow Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Arthur Berger Councilmember patricia Rogers-Libert Vice-Mayor Jay R. Beskin Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this ___ day of November, 1997. PASSED AND ADOPTED on second reading this ___ day of December, 1997. ARTHUR I. SNYDER, MAYOR ATTEST TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: H~v~ CITY ATTORNEY 328001\ordinance\amen-cty.cha November 12, 1997 11:46am 13 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: City Council _ ~ Eric M. Soroka, City Cf!;rge November 10, 1997 TO: DATE: SUBJECT: Ordinance Concerning Live- board Vessels 1st Reading November 4,1997 City Council Meeting Agenda Item 7-A 2nd Reading November 18,1997 City Council Meeting Agenda Item.llJ.- RECOMMENDATION It is recommended that the City Council adopt the attached Ordinance which addresses environmental, sanitary and habitability requirements for live-aboard vessels. The amendments approved at the November 4, 1997 meeting are contained in the attached Ordinance. BACKGROUND As per the City Council's direction, the City Attorney's office has prepared the attached Ordinance. They have not included a registration requirement, since that authority is pre-empted to the State of Florida under Section 327.21 Florida Statute. However, an inventory and disclosure mechanism has been included as a means of keeping track of the live-aboard vessels. The major issues regarding environmental, sanitary and habitability requirements are also included in the Ordinance. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0398-97 ORDINANCE NO. 97-_ AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, CONCERNING L1VE-ABOARD VESSELS; PROVIDING ENVIRONMENTAL, SANITARY AND HABITABILITY REQUIREMENTS FOR LIVE-ABOARD VESSELS; PROVIDING FOR INVENTORY AND INSPECTIONS; PROVIDING FOR CERTIFICATE OF USE; PROVIDING FOR ADDITIONAL RESTRICTIONS UPON LIVE-ABOARD VESSELS WITHIN THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Council finds that Live-Aboard Vessels located within the City pose sanitation and environmental problems which require regulation; and WHEREAS, the regulations provided by this Ordinance are designed and intended to address such problems; and WHEREAS, the City of Aventura has the authority to enact and enforce regulations which provide restrictions applicable to Live-Aboard Vessels which are moored or anchored within the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The City of Aventura Live-Aboard Vessel Ordinance is hereby created to read as follows: Section 1.01. Definitions. The following terms when used herein shall have the following meaning: (a) City - means the City of Aventura, Florida. (b) Community Development Department - means the City's Community Development Department. Ordinance No. 97-_ Page 2 (c) Live-Aboard Vessel - means: (1) Any vessel used solely as a residence; or (2) Any vessel represented as a place of business, a professional or other commercial enterprise, or a legal residence. A commercial fishing boat is expressly excluded from the term Live-Aboard Vessel as used in this Ordinance. Section 1.02. Inventory and Inspections Required. (a) The Community Development Department shall maintain an inventory of Live-Aboard Vessels. (b) The Community Development Department sAaII may conduct or cause to be conducted inspections of Live-Aboard Vessels upon an annual basis to determine compliance with this Ordinance. This shall not prohibit inspections on a more frequent basis. Section 1.03. Sanitation Requirements. (a) The owner or occupant of a Live-Aboard Vessel shall provide and maintain one 25 gallon garbage and trash receptacle for each Live-Aboard Vessel and shall make adequate provision for the use of regular garbage and trash pick-up and disposal on at least a twice a week basis. Section 1.04. Sanitary Sewaqe. (a) It shall be unlawful for any person to moor or anchor any Live-Aboard Vessel within the City unless the vessel is can be connected to a United States 2 Ordinance No. 97-_ Page 3 Coast Guard approved marine sanitation device for removal of sanitary sewage. (b) Every Live-Aboard Vessel owner, operator and occupant shall comply with all applicable United States Coast Guard regulations, pertaining to marine sanitation devices or sanitary sewage disposal, and with all applicable environmental and sanitary regulations of the United States Environmental Protection Agency, the State Department of Environmental Protection and the Dade County Environmental Resource Management Department, or any other or successor agency having jurisdiction. Section 1.05. Habitability. The owner, operator and occupant of a Live- Aboard Vessel shall maintain the living quarters of such Live-Aboard Vessel in a clean and sanitary manner so that it is habitable for human occupancy. Section 1.06. Certification of Use. Any person owning or operating a marina facility located within the City shall. within 15 davs of the dockino or moorina of any Live-Aboard Vessel and upon January 1 of each year notify the City, on a form provided by the City, of the State of Florida vessel registration number for each Live- Aboard Vessel regularly moored or anchored at such marina facility, so as to facilitate the inventory required by Section 1.02 of this Ordinance. Section 2. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of 3 Ordinance No. 97-_ Page 4 the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. Inclusion in the Code. It is the intention of the City Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the IIVOrd "Ordinance" shall be changed to "Section" or other appropriate IIVOrd. Section 4. Penalty. Any person who violates any provisions of this Ordinance shall, upon conviction, be punished by a fine not to exceed $500.00 or imprisonment in the County jail not to exceed sixty (60) days or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate violation. This Ordinance shall be subject to enforcement under the Local Government Code Enforcement Act, Chapter 162, F.S., as amended, and Ordinance No. 96-14, as amended. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction. Section 5 Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Vice Mayor Beskin, who moved its adoption on first reading. The motion was seconded by Councilmember Cohen, and upon being put to a vote, the vote was as follows: 4 Ordinance No. 97-_ Page 5 Councilmember Arthur Berger Council member Ken Cohen Council member Harry Holzberg Councilmember Jeffrey M. Perlow Councilmember Patricia Rogers-Libert Vice Mayor Jay R. Beskin Mayor Arthur I. Snyder yes yes yes yes yes yes yes The foregoing Ordinance was offered by Councilmember , who moved its adoption on second reading. The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: Council member Arthur Berger Council member Ken Cohen Councilmember Harry Holzberg Councilmember Jeffrey M. Perlow Councilmember Patricia Rogers-Libert Vice Mayor Jay R. Beskin Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 4th day of November, 1997. PASSED AND ADOPTED on second reading this 18th day of November, 1997. MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL ~FFICIENCY: CITY ATTORNEY 5 12 Nov. 97 Mr. Eric M. Soroka City Manager, City of Aventura, Fl. Dear Sir, Thank you for the opportunity to discuss "live aboards" with you. By way of introduction, I have been the dockmaster at Turnberry Isle Marina for almost 4 years, dockmaster on the west coast ofF!. For many years, member of the southwest Fl. Regional planning commission, member of RA.LL. (Boaters Action and Information League), professional U.S. Coast Guard captain, e.t.c.. I have assisted several communities in their attempts to regulate boating. First of all I invite yon and any interested parties to come to Turnberry and get a first hand look at what we are attempting to regulate. I am sure that the other Aventura marinas, The Waterways, Mystic Point and William's Island would also be happy to accommodate you. I could give you an overview of the "live-aboard" boater, show you the types of boats in question, show you our pump out station, show you our large boaters rest room/shower facilities, explain type I, II and III U.S. coast Guard certified devices and answer whatever other questions you may have. Boaters are currently governed by federal Coast Guard regulations as well as the Florida clean vessel act. A simplistic method of gaining jurisdiction would be to simply "require all vessels in the confines of the city of Aventura to adhere to the U.S. Coast Guard mandates as well as the Florida clean vessel act". Many attempts have been made at determining exactly what is a live-aboard; many answers have surfaced. Re-inventing the wheel here in Aventura is not really needed in my belief; I just do not see a real problem. Much has been said as to the positive financial influence of boaters; this could not be truer than right here in A ventura. Our boats run in size from the mid 30s to over 174ft. with an average size of over 54 ft. An average new Hatteras motor yacht would cost out at around $l.lmil. with a similar sized Sea Ray express cruiser at about $800 to 900 thousand. Our boaters, while most base their vessels here year round, mostly are seasonal in nature. Many have homes here as well. Many come for 2-3 days at a time, some coming and taking the boat out for a few days to a few months. Most do not but a few of the larger have 2-3 crew members who stay on the boat providing a great deal of security. Boating is big business!! Boating represents $5.3BILLION (direct and indirect) to Broward county. Dade receives $302.4 mil injust retail sales. Broward has 94,571 marine related jobs. Just the five days of the fall Ft. Lauderdale boat show brings in over $200,000 to the community. Our boaters are pillars of the community, folks that any town would be proud to call their friends- we're talking CEO. of NYSE companies- board members of major international companies, owners of local business, etc. I would suggest that we try to identify exactly what we are attempting to legislate. Is sewage a perceived problem or is a boater staying aboard looked at as avoiding taxes. We should then ascertain whether or not regulation is already in place and ouly look at further legislation if actually needed. No doubt you have seen the Herald article of Nov 9lh. This article intimates that there are hoards of live-aboard wannabes just waiting for you to legislate them into existence. I seriously doubt that the writer understood correctly. Most boaters assmne the right and do stay aboard their vessel when they desire. Most are conscientious of the environment, maintain their vessels in a seamanship manner, pay their taxes through their marina rent and are generally just good people. I am happy to offer my assistance and look foreword to hearing from you; please feel free to call me at 933-6934. SinCerelY'~ ~f!?t Dockmaster RECEIVED NOV 1 3 "1997 OffiCE Of THE CITY MANAGER I I I I ,-----1 I I MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIOA COUNTY OF OAOE: Before the undersigned authority personally appeared Ottelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Dally Business Revlew'lkla Miami Review, a dally (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement Of Notice In the matter of CITY OF PUBUC NoncE OF CITY OF AVENTURA NOTICE OF PROPOSED ORDINANCE AN ORDINANCE CONCERNING LIVE-ABOARD VESSELS at on Tuesday, tha 18th day of No- vember, 1997, at. a meating 01 City Council of tha City of Aventura. to be haId at 8:00 p.m. in Iha , .1 Maating Room at tha Columbia Aventura Hospital and Modi"" CeI1tar, 21 t 10 B1scayna Boulevard, SUite tOt, Avantura, Florida, City Council wUl consider the edOp- tion of the following Ordinence second reeding, entitled: AN ORDINANCE OF THE ITY OF AV"NTURA. FLORIDA. CONCERNING UVE-I\I!O D VESSELS; PROVIDING ENVIRONMENTAL. SAIIIIT RY AND HABITABILITY RE- QUIREMENTS FOR UVE ARD VESSELS; PROVIDING FOR INVENTORY AND IN PECTlONS; PROVIDING FOR CERTIFICATE OF USE; ROVIDING FOR ADDITIONAL RESTRICTIONS UPON E-ABOARD VESSELS WITHIN THE CITY; PROVIDING F R SEVERABILITY; PROVIDING FOR PENALTY; PROVIDI G FOR INCLUSION IN COOE; PROVIDING FOR EFFECTl E QATE. The Proposed Oid~m'IY Inspecl<ld by the public at the Of- fice of ihe City Clerk, 2999 NI!e'-191Bl StraBl. SIIiie 500. Aventura. . Florida. Interested pornes may' _ at the Public Hearing ar:-l be heard with respect to the p",pased Oldinance. "fly pe~. wlshln.g to address. the City Council on any item at this Public HeanrlQ .18 ask~to register with the City Clerk prlor'IO that Item being heard. fn accordance with the Americans"WiIh DisabintieS Acto! 1990, ell porsons who ara disabled and. who need speclel sccommodetions to particlpote In this proceeding because of that disability sI10Wd contact the Office of the City Clerk, 466-890t, not later than two business deys prior to such proceedings. If a person decides to appeal any decision made by the City Council 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 I'ecOfd of I,he. proceedings; IS made, which record Includes the testimony and evidence upon which Iha appeal is to be besed. Daled Novamber6, 1997. In the.......................*~.***...................................... Court, was published In said newspaper In the issues of Nov 6, 1997 Affiant further says that the said Miami Dally Business Review Is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously pUbliShed In said Dade County, 'Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office In Miami In said 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 she has neither paId nor promised any pe, r corporation any disco , rebate, commlssl fund f r the purpose of secur. 9 this advertise publica on in the said news e 11/6 Terasa M. Smith, CMC, City Clerk 91-4-110669M MIAMI DAILY BUSINESS REVIEW Published Dally except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Soakle Williams. who on oath says that she Is the Vice President o' Legal Advertising o' the Miami Dally Busln.s. Review tiki. Miami Review, a dally (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; thai the attached copy of advertisement, being 8 Legal Advertisement 01 Notice In the matter of CITY OF AVENTURA PUBLIC HEARING 11/18/97 APPLICANT NAME: RAINFOREST CAFE, INC. APPLICATION NO. 03-SE-97 In the........ xxxxx ........ Court, w~g~lIsbJ~ In la~garp.P8r In the Issue. of Affiant further S.Y. that the said Miami Dally Buslne.s Review Is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office In Miami In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy rtlaement; and affiant further says that she has nelt r pal nor promised any person, firm or corporation any Isco t, rebate, commission or refund for the purpose of s u g this adv I.ement for publication In the said ne er. ..4LPAeI-.'~~-c et"!r7 (SEAL) Sookle Williams p y Pu OFFICIAL NOTARY SEAL Illo I}t,k $ tollA!iETT LLERENA <: "\ ;..:. ?j' COUMlSSlON NUWIE" ~ \ ! ,. ~ )li. ':p .: CC56G004 -Y"", """ rf MY COMMiSSION EXPIRES OncO JUNE 23,2000 -_._._-~- CITY OF AVENTURA NOTICE OF PUBLIC HEARING DATE AND tlME OF PUBLIC HEARlN!>;J"l.!il!ldav.l\kMltllIJll! 18, t997 6:00 p.m. APPLICANT NAME: Relnforest Ca16, Inc. APPLICANT REQUEST; The appliqant is requesting a special ex- ception to permit an addilional restaurant with a cocktail lounge-bar in IheAventura Mall. wheP8 only one such restaurant with a cocktail Iounge'-bari.s permitted in a shopping center In a BU-2 District. APPLICATION NUMBER: 03-SE.97 LOCATIOl'I OF SUBJECT PROPERTY: 19501' B1scayne Boulevalll --- LEG....L DESCRIPTION: Tract Q, Aventura 6th Addition, Pial Book 120, Page 20 of the Public Records 01 Oade County, Florida. SIZE OF SUBJECT PROPERTY: Approximately 97.962 acras Plans are on file and 'may be examined. during regular'buslness hours in the CITY OF AVENTURA, COMMUNITY DEVELOPMENT DEPARTMENT, 2999 NE 191 STREET, SUITE 5DO, 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 COLUMBIA AVENTURA MEDI. CAL ARTS BUILDING 21110 BISCAYNE BOULEVARD, SUITE 101, AVENTURA, FLORIDA, 33180, Your comments may be made in per- son at the hearing or filed in writing prior to the hearing date. Refer to applicant/property ori correspondence. and mail same to CITY OF AVENTURA, COMMUNITY DEVELOPMENT DEPARTMENT, 2999 NE 191 STREET, SUITE 500, AVENTURA, FLORIDA, 33180. For Iurlher inlormation, plaa.. cell (305) 466.8940. 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 shouki contact the Office of the City Clerk, 466-8901, not later than two business days prior to such proceedings. If a person decides to appeal any decision made by the City Council with respect to any malter considered at. a meeting or hearing, that person will need a. record of !he proceedings and, for such purpos~, 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, 11/7 Teresa M. Smith, CMC, City Clerk 97-3-- t t0738M