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03-03-1998 CC Meeting AgendaCITY OF AVENTURA COUNCIL AGENDA March 3, 1998 - 6:00 P.M. City Council Arthur I. Snyder, Mayor Jay R. Beskin, Vice Mayor Arthur Berger, Councilmember Ken Cohen, Councilmember Harry Holzberg, Councilmember Jeffrey M. Perlow, Councilmember Patricia Rogers-Libert, Councilmember Eric M. Soroka, City Manager Teresa M. Smith, City Clerk Weiss Serota Helfman Guedes & Pastoriza, City Attorney City of Aventura Cit~ Council Arthur L Snyder, Mayor Jay R. Beskin, Vice Mayor Arthur Berger Ken Cohen Harry Holzberg Jeffrey M. Perlow Patricia Rogers-Libert City Munager Eric M. Soroka CJIv Clerk Teresa M. Smith CitF ~4ttorne~ Weiss Serota Helfman Guedes & Pastoriza AGENDA Council Meeting March 3, 1998 - 6:00 P.M. Columbia Aventura Medical Arts Building 21110 Biscayne Boulevard Suite 101 Aventura, Florida 33180 '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 indic~e 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 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA MODIFYING A PREVIOUS RESOLUTION WHICH GRANTED A USE VARIANCE AND TWO (2) NON-USE VARIANCES TO AVENTURA'S FINEST HAND CAR WASH, INC. FOR PROPERTY LOCATED AT 2890 NE 187 STREET; PROVIDING FOR AN EXTENSION OF CONDITION 4E REQUIRING THE INSTALLATION OF THE DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM) March 3, 1998 Council Meeting REQUIRED IMPROVEMENTS WITHIN 180 DAYS OF THE INITIAL RESOLUTION; PROVIDING AN EFFECTIVE DATE. 4. APPROVAL OF MINUTES: Council Meeting Council Workshop February 17, 1998 February 20, 1998 $. AGENDA: Request for Deletions/Emergency Additions 6. SPECIAL PRESENTATIONS: None 7. CONSENT AGENDA: 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 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. (Amends the budget to provide for additional revenues from building permits and increased expenditures for providing building inspections and permitting services) A RESOLUTION OF ~ CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, SELECTING C.A.P. ENGINEERING CONSULTANTS INC. TO PERFORM BUILDING, PUBLIC WORKS AND ENGINEERING INSPECTION AND PLAN REVIEW SERVICES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS AND FEES FOR SAID WORK; AND PROVIDING AN EFFECTIVE DATE. (Selects C.A.P. Engineering to perform building, public works and engineering inspection and plan review services) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED CHANGE ORDER FOR BID NO. 97-9-30-2, AVENTURA BOULEVARD STREETSCAPE AND BISCAYNE BOULEVARD NORTHERN MEDIAN, BY AND BETWEEN THE CITY AND VILA & SON LANDSCAPING CORPORATION; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (Increase Aventura Blvd. Streetscape Contract to provide for addition/replacement of two bus shelters on Country Club Drive) 2 March 3, 1998 Council Meeting 8. PUBLIC HEARINGS: ORDINANCES - FIRST READING AN ORDINANCE OF ~ CITY OF AVENTURA, FLORIDA; EXTENDING THE DURATION OF THE EXISTING BUILDING MORATORIUM ON ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT PERM1TS WITHIN THE MARINA AREA AND THE HOSPITAL AREA, AS PREVIOUSLY IMPOSED PURSUANT TO ORDINANCE NO. 97-22 OF THE CITY OF AVENTURA; BY AMENDING SECTION 8 "TERM" OF ORDINANCE NO. 97-22 TO PROVIDE FOR EXTENSION OF SUCH MORATORIUM, SO AS TO ENABI,E CITY'S COMPREHENSIVE PLAN TO BE COMPLETED AND IMPLEMENTED; PROVIDING FOR SEVERABHATY; PROVIDING FOR AN EFFECTIVE DATE. 9. PUBLIC HEARINGS: - ORDINANCES - SECOND READING 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 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 AlMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE 10. OTHER BUSINESS: A. REPORT ON CHABAD HOUSE OF NORTH DADE (City Manager) Bo REPORT AND POSSIBLE ACTION RE: NON-RESIDENT FEE POLICY FOR AVENTURA FOUNDERS PARK (City Manager) 11. REPORTS 12. PUBLIC COMMENTS 13. ADJOURNMENT SCHEDULE OF FUTURE MEETINGSfEVENTS: SPECIAL ELECTION COUNCIL MEETING March 10, 1998 March 17, 1998 7a.m.- 7 p.m. 6:00 p.m. 3 March 3, 1998 Council Meeting WORKSHOP MEETING To be announced TOWN HALL MEETING March 30, 1998 7:00 p.m. ** *Govemment Center 2999 NE 191" Street Suite 500 "Coronado Condominium 2030 I W. Country Club Drive This med:ing is opal. to the public. In acoordance with the Americans with Disabilities Ad of 1990, all persons who are disabled and who need special accommodatioos to participate in this med:ing because of that disability should contact. the Office of the City Clerk, 466-8901, not later than two days prior to sud! proceeding. Anyooe wishing to appeal any decision made by the Aventura City COWlcil with resped to any matter considered at sudl med:ing or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidmce upon whidl the appeal is to be based. Agmda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 2999 NE 191!lt Street, Suite 500, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 466-8901. 4 CITY OF AVENTURA OFFICE OFTHEClTY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council February 24, 1998 X,.,,_ Aventura's Finest Hand Car Wash - Request for Extension March 3, 1998 City Council Meeting Agenda Item Reference is made to the attached letter dated January 23, 1998 regarding Aventura's Finest Hand Car Wash. The applicant is requesting an extension to a condition placed on the development approvals granted by the City Council on August 5, 1997. Specifically, the request is to extend the time frame for the DERM required improvements to be completed to August 31, 1998. If the City Council desires to extend the time frame, it is recommended that it only be extended to June 30, 1998. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0501-98 MICHAEL J. SNYDER, P.A. 20803 BISCAYNE BOULEVARD SUITE 200 AVENTURA, FLORIDA 33180 January 23, 1998 TELEmHONE (305) 937 4445 TELEFAX (305) 937-0f02 VIA FACSIMILE TPu%NSMISSION AND HAND DELIVERY Eric M. Soroka, City Manager City of Aventura City Manager's Office 2999 N.E. 191st Street Aventura, FL 33180 Aventura's Finest Hand Car Wash Property at 2890 N.E. 187th Street Aventura, Florida 33180 Dear Mr. Soroka: As you are probably aware, the undersigned represents Aventura's Finest Hand Car Wash and Guillermo Freile, as President. Pursuant to Resolution No. 97-48, my client was to complete the DERM improvements within 180 days from the adoption of the Resolution on August 5, 1997. Please be advised that we received our final approval on January 16, 1998 and I have enclosed a copy for your review. Additionally, my client met with Mr. Jaye Epstein on Tuesday, January 20, 1998, with the DERM plans and approval letters submitted. Since the construction of the improvements will take anywhere from four to six weeks, we will need to request an extension from the City Council as to the requirement that all items be completed within 180 days from the date of the above Resolution. As you are probably aware, this is the height of the season and the busiest time of the year for my client. Further, we are told by our contractor that we will have to be completely closed for a period of one to two weeks during the construction and thereafter, we can work on different sections of the site without interfering with the construction of the improvements. Therefore, we are hereby requesting an extension to complete our construction until August 31, 1998. We would like to start the work on July 1, 1998. The months of July and August are the slowest times of the year in my client's business period. We are also requesting that we be put on the first scheduled agenda. Please schedule us for Tuesday, February 3rd, if possible. C: \WPDOC S \ Z ON ING \ FRE ILE \ SOROKA. LTR JAN 6 I998 C;~ ~IANAGER Eric M. Soroka, City Manager City of Aventura January 22, 1998 Page 2 Should you have contact this office. Sincerely, MICHAEL J. SNYDER, ESQ. MJS: tlh Enclosures cc.' Mr. Guillermo Freile Mr. Jaye Epstein any questions, please Thank you. do not hesitate to C: \WP DOCS \ ZONING \ FP~E I LE \ SOROKA. LTR LAW OFFICES MICHAEL J. SlqYDER. P.A. METROPOLITAN DADE COUNTY, FLORIDA ENVIRONMENTAL RESOURCES MANAGEMENT PLAN REVIEW SECTION 111 N.W. 1ST STREET SUITE 1010 APPROVED BY THE MIAMI, FLORIDA 33128-1923 DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (305)375-3330 JOHN W, RENFROW, P.E., DIRECTOR For the Director: Adriana H. Gongale~ ~ ~ ,a~xo v~.,S ~c,x ~lv · ~ta~, TO COVER ~'I~RUCTURAL DESIG3L NO CONSTRUCTION SHALL TAKE PLACE ON CONTAMINATED GROUND. INDUSTRIAL FACILITIES SECTION ONLY Project Name: AVENTURA 'S HAND CAR WASH Address(Approx.): 2890 NE 187 ST AVENTURA, FL. 33180 Approval granted for the CAR WASH AREA as per plans subtnitted to this departtnent at the above address with the following conditions: 1) 2) 4) s) Property must be connected to the sanitary sewer system at all times. The floor drain must be connected to a minimum 750 gL oil~water separator. A samplingpoint, 90° Tee-Type, must be installed in the effluentpipe of the oil~water separator attd be easily accessible to DERM personnel as per plans subtnitted. The oil~water separator ntust be properly maintained to meet Dade County Discharge Stcndards. The car wash impervious area ( 83' x 209, must be contained on all sides by a minimum four(4) inch high reinforced concrete berm. The roof of the car wash must provided a tninimum of two feet overhang beyond the 4" containment beruts. For City of Aventura W/S - NO COl Folio # 28 - 2203 - 000 - 0020 Car wash in area of HI-Lift Marina Inc. (Already permitted facility) Page 1 of 2 Provided: Construction is completed according to approved plans. Construction on this project must be completed within six months from the date of this approval, unless otherwise specified herein or plans and specifications must be resubmitted for approval by this department. The water supply for this building shall be in accordance with requirements of Dade County Health Department. All water lines shall be located a minimum horizontal distance of 10' from all septic tanks, drainfields, sewer lines, etc. There may be county, municipal or other local regulations or restrictions to be complied with by the owner prior to construction of the facilities represented by these plans. We recommend that appropriate local agencies be consulted before starting construction. The plumbing layout, sizes and slopes shall be approved by the Plumbing Department before installation. No construction shall take place on contaminated soil. If contamination is encountered during construction, contact the Waste Cleanup Section of the Department of Environmental Resources Management (DERM). Page 2 of 2 TO: FROM: DATE: SUBJECT: CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM Eric M. Soroka, Ci~'?/~'a~er Jaye M. Epstein, Com~ Development Director January 22, 1998 Update: Aventura's Finest Hand Car Wash You have requested that I provide an update on the status of the aforementioned subject. On August 5, 1997, the City Council approved, with conditions, a use variance and two (2) non-use variances for Aventura's Finest Hand Car Wash (formerly known as Tommy's). As with all such approvals, the Community Development Department monitors compliance with Council imposed conditions. I have attached the pertinent sheet from our latest Monitoring Report. The applicant is in compliance with conditions 1,2, 3 and 6. The applicant did not literally comply with condition 4, in that the landscaping was not completely installed within the Council's specified time frame. However, the landscaping has been installed and approved by the City's Landscape Architect. The most troubling situation exists relative to condition 5. This condition reads that DERM "required improvements shall be completed by the Applicants within 180 days of the date of this Resolution." Following several verbal reminders of this impending deadline, the applicant came in this week to discuss this matter with me. I informed him that he needed to return to the City Council for any request to have the time limit extended. I also advised that he should make every effort to be in front of the Council prior to his current approval expiring. He informed me that he would be in touch with his attorney, who would file a letter with your office for consideration by the City Council at their February 3, 1998 meeting. I told him that the letter needed to be received by your office by Friday of this week. If you require any additional information, please let me know. OPEN 97-48 Use Variance to permit 1, This variance shall expire when the property to the immediate Existing AVENTURA'S FINEST an outside car wash; non- east is no longer utilized as a marina or changes from marina marina as of HAND CAR WASH use variance of setback use. 11/7/97 2890 NE 187 Street requirements; and non- 8/5/97 use variance of parking 2. The owner of the subject car wash business shall obtain a valid Lease requirements written lease, for a five (5) year term, from Applicant Big-E, the submitted by owner of the marina, which lease shall be delivered to and filed 9/4/97 with the City within 30 days from the date of this Resolution. 3. The variance approval is personal to the Applicant Finest and Complies as shall expire upon termination or expiration of the lease of 11/7/97 described above or upon abandonment of the car wash business or sale or transfer of the car wash business or the sale or transfer of the Finest corporation, or the assets of such Applicant Finest from Finest or by the principal of such Applicant, Guillermo Freile. 4. Landscaping shall be installed by Applicants within 90 days of Landscaping this ResolutiOn. i ,~ ~ ~ / ~--t'/~/2~, '~ o ~ not installed /~"7' ,'5, /! ~"(---~'~/~ as of llf'//97 5. Department of Environmental Resources Management (DERM) required improvements shall be completed by Applicants within To be 180 days of the date of this Resolution. determined 6. Maximum duration of variances shall be for a total of five (5) Variances null years and 30 days from date of this Resolution. & void on 9~5~02 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA MODIFYING A PREVIOUS RESOLUTION WHICH GRANTED A USE VARIANCE AND TWO (2) NON-USE VARIANCES TO AVENTURA'S FINEST HAND CAR WASH, INC. FOR PROPERTY LOCATED AT 2890 NE 187 STREET; PROVIDING FOR AN EXTENSION OF CONDITION 4E REQUIRING THE INSTALLATION OF THE DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM) REQUIRED IMPROVEMENTS WITHIN 180 DAYS OF THE INITIAL RESOLUTION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Aventura City Council adopted with conditions Resolution No. 97-48 on the 5th day of August, 1997; and WHEREAS, the Applicant, Aventura's Finest Hand Car Wash, Inc., a Florida Corporation, was granted a Use Variance to permit an outside car wash in a parking lot; a Non-Use Variance to waive eighteen feet (18') of the minimum required twenty foot (20') setback between buildings; and a Non-Use Variance to waive thirty-five (35) of the minimum required sixty-eight (68) parking spaces on that certain property located at 2890 NE 187 Street, as legally described on Exhibit "A" attached hereto; and WHEREAS, the Applicant, Aventura's Finest Hand Car Wash, Inc., a Florida Corporation, is requesting an extension of condition 4e requiring the installation of the Department of Environmental Resources Management (DERM) required improvements within 180 days of the initial Resolution; and WHEREAS, the City Council has held a public hearing as provided by la~ and Resolution No. 98-__ Page 2 WHEREAS, the City Council finds that the request meets the criteria of the applicable codes and ordinances, to the extent the request is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The request to modify previous Resolution No. 97-48 to extend condition 4e relating to DERM required improvements on property legally described on Exhibit "A" attached hereto and also known as 2890 NE 187 Street is hereby granted subject to the following condition: Section 2. That in the approval of the same condition 4e shall be revised FROM: Department of Environmental Resources Management (DERM) required TO: improvements shall be completed by Applicants within 180 days of the date of this Resolution. Department of Environmental Resources Management (DERM) required improvements shall be completed by Applicants no later than June 30, 1998. Section 3. adoption. The foregoing Resolution was offered by Councilmember moved its adoption. The motion was seconded by Councilmember upon being put to a vote, the vote was as follows: This Resolution shall become effective immediately upon its , and Councilmember Arthur Berger Councilmember Ken Cohen Resolution No. Page 3 Councilmember Harry Holzberg Councilmember Jeffrey M.Perlow Councilmember Patricia Rogers-Libert Vice Mayor Jay R. Beskin Mayor Arthur I. Snyder PASSED AND ADOPTED this 3rd day of March, 1998. ATTEST: Arthur I. Snyder, Mayor Teresa M. Smith, CMC, City Clerk APPROVED AS TO LEGAL SUFFICIENCY: City Attorney MINUTES CITY COUNCIL MEETING TUESDAY, FEBRUARY 17, 1998 6:00 P.M. Columbia Aventura Medical Arts Building 21110 Biscayne Boulevard Suite 101 Aventura, Florida 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by Mayor Arthur I. Snyder. Present were Councilmembers 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 Attorneys Stephen J. Helfman and Richard Jay Weiss. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Susan Fried led the pledge of allegiance. 3. ZONING HEARINGS - SPECIALLY SET BY COUNCIL FOR 6 P.M. E×-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 ware sworn in by the City Clerk. A. Mr. Helfman read the following resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, GRANTING SPECIAL EXCEPTION APPROVAL TO CHEESECAKE FACTORY, INC. 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. Mayor Snyder opened the public hearing. The following individuals addressed Council: Jaye M. Epstein, Community Development Director; Nancy Terminello, Esq., 2700 SW 37 Avenue; and George Berlin, 1940 NE 194th Drive. There being no further speakers, the public hearing was closed. A motion for approval was offered by Councilmember Rogers-Libert and seconded by Councilmember Berger, subject to the following conditions: 1) operating hours shall be 11:30 a.m.- 11:00 p.m. Monday- Thursday and Sunday; and 11:30 a.m. - 12:30 a.m. on Friday and Saturday; 2) requirements of Section 33-150(e)(4) of the Dade County Code be met; 3) the operating hours for the cocktail lounge-bar shall not extend beyond those of the restaurant. The motion for approval passed unanimously and Resolution No. 98-16 was adopted. B. Mr. Helfman read the following resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE ERECTION, CONSTRUCTION AND OPERATION OF A GOVENMENTAL FACILITY AS A DESIGNATED PERMITTED USE IN A ZONING DISTRICT ON THOSE CERTAIN PARCELS OF LAND AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO LOCATED AT THE NORTHEAST CORNER OF WEST COUNTRY CLUB DRIVE AND NE 190 STREET AND A CONTIGUOUS PARCEL OF LAND LOCATED SOUTH OF NE 190 STREET IN THE CITY OF AVENTURA, OTHERWISE KNOWN AS FOUNDER'S PARK; PROVIDING FOR RELEASE OF RESTRICTIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. Mayor Snyder opened the public hearing. Mr. Epstein addressed Council. There being no further speakers, the public hearing was closed. A motion for approval was offered by Councilmember Rogers-Libert and seconded by Councilmember Berger. Mr. Helfman requested that the record reflect that the release of restrictions apply to the subject property only. The motion for approval was unanimously passed and Resolution No. 98-17 was adopted. C= MOTION TO APPROVE LANDSCAPE PLAN SUBMITTED BY APPLICANT, CHABAD HOUSE OF NORTH DADE, INC. IN ACCORDANCE WITH THE THE PROVISIONS OF RESOLUTION NO. Z- 96-10-ACC-2 ADOPTED ON NOVEMBER 19, 1996 Mayor Snyder opened the public hearing. The following individuals addressed Council: Mr. Epstein; Stanley Price, Esq., 701 Brickell Avenue; Mendel Gorin, 21304 West Dixie Highway; and the Vice President of the Synagogue. There being no further speakers, the public hearing was closed. A motion for approval was offered by Coundlmember Cohen, seconded by Councilmember Rogers- Libert and unanimously passed. Council requested that the City Manager and staff review the applicant's file as to the progress of this application and report back to Council with a list of outstanding items and existing violations, if any, and a timeframe for completion. 2 APPROVAL OF MINUTES: A motion to approve the minutes of the January 28, 1998 Town Hall Meeting and the February 3, 1998 Council Meeting was offered by Councilmember Rogers-Libert, seconded by Councilmember Berger and passed unanimously. 5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None 6. SPECIAL PRESENTATIONS: None. Mayor Snyder requested that Agenda item 7-F be addressed at this time. F. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT BY AND BETWEEN THE CITY OF AVENTURA AND 183rd STREET ROAD CORPORATION FOR THE DEDICATION OF NE 183RD STREET TO THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Councilmember Berger and seconded by Councilmember Holzberg. George Feffer, Admirals Port and Joseph Goldstein, Esq., 1221 Brickell Avenue, addressed Council. The motion passed unanimously, and Resolution No. 98-18 was adopted. 7. CONSENT AGENDA: Councilmember Cohen requested removal of items 7.D. and 7.E. from the Consent Agenda. Councilmember Perlow requested removal of items 7.A. and 7.G. from the Consent Agenda. A motion to approve the Consent Agenda was offered by Councilmember Rogers-Libert, seconded by Councilmember Holzberg, unanimously passed and the following action was taken: B. Resolution No. 98-19 was adopted as follows: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, URGING THE MIAMI-DADE COUNTY SCHOOL BOARD TO NAME THE NEW HIGH SCHOOL IN NORTHEAST MIAMI- DADE COUNTY THE "DR. MICHAEL KROP HIGH SCHOOL"; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Weiss read the following ordinance by title which was approved on first reading. 3 AN ORDINANCE OF THE CITYCOUNCIL OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 97-25, WHICH ORDINANCE ADOPTED A BUDGET FOR THE 1997198 FISCAL 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. The following items were removed from the Consent Agenda and addressed separately: A. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED POLICE BOAT DOCK LICENSE AGREEMENT BETWEEN WILLIAMS ISLAND ASSOCIATES, LTD. AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Councilmember Perlow, seconded by Councilmember Rogers-Libert, unanimously approved and Resolution No. 98-20 was adopted. Council requested that the City Manager and City Attorney negotiate an increase in indemnification provision if feasible. Mayor Snyder passed the gavel to Vice Mayor Beskin at this time for the remainder of the meeting. D. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT BY AND BETWEEN THE CITY OF AVENTURA AND MIAMI-DADE COUNTY AND/OR MIAMI- DADE COUNTY FIRE RESCUE BOARD FOR A FIRE RESCUE FACILITY; 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 Councilmember Perlow, seconded by Councilmember Berger, unanimously passed, and Resolution No. 98-21 was adopted. E. Mr. Weiss read the following resolution by title: 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 98-2-9-2, AVENTURA FOUNDERS PARK DEVELOPMENT, TO M. VILA & ASSOCIATES, INC. AT THE BID PRICE OF $1,913,680.25 AS CONTAINED IN EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Councilmember Rogers-Libert, seconded by Councilmember Berger, unanimously passed and Resolution No. 98-22 was adopted. A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT BY AND BETWEEN THE CITY OF AVENTURA AND LOCKHEED MARTIN IMS FOR PARTICIPATION IN THE WELFARE TO WAGES PROGRAM; 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 Councilmember Rogers-Libert, seconded by Councilmember Cohen, unanimously passed and Resolution No. 98-23 was adopted. PUBLIC HEARINGS: ORDINANCES - SECOND READING: A. Mr. Weiss read the following ordinance by title: AN ORDINANCE THE CITY OF AVENTURA, FLORIDA AMENDING THE CITY CODE OF ORDINANCES BY ADDING A NEW CHAPTER ENTITLED "SATELLITE DISHES", PROVIDING FOR THE REGULATION OF THE INSTALLATION, MAINTENANCE, AND USE OF SATELLITE DISHES DESIGNED FOR OVER-THE-AIR RECEPTION OF TELEVISION BROADCAST SIGNALS, MULTICHANNEL, MULTIPOINT DISTRIBUTION SERVICE, DIRECT BROADCAST SATELLITES, MULTIPOINT DISTRIBUTION SERVICE, INSTRUCTIONAL TELEVISION FIXED SERVICE, AND LOCAL MULTIPOINT DISTRIBUTION SERVICE; DELEGATING REVIEW AUTHORITY AND APPROVAL OF THE INSTALLATION OF SUCH DISHES TO THE CITY 5 MANAGER; PROVIDING FOR REPEAL; SEVERABILITY, INCLUSION IN THE CODE DATE. PROVIDING FOR AND AN EFFECTIVE Vice Mayor Beskin opened the public hearing. The following individuals addressed Council: Jane Fagan, Esq., Leibowitz & Associates, One Southeast Third Avenue and proposed scrivener's changes to the ordinance; Mr. Berlin; Lionel Socolov, 3530 Mystic Point Drive; and Albert Zemlock, Del Vista Towers. There being no further speakers, the public hearing was closed. A motion for approval was offered by Councilmember Cohen and seconded by Councilmember Berger. A motion to amend the ordinance as proposed by Attorney Fagan was offered by Councilmember Rogers Libert, seconded by Councilmember Cohen and unanimously passed. The motion for approval passed unanimously by roll call vote and Ordinance No. 98-04 was enacted. B. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING THE CITY CODE OF ORDINANCES BY ADDING A NEW CHAPTER, ENTITLED "WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS"; PROVIDING PURPOSE; PROVIDING DEFINITIONS; PROVIDING APPLICABILITY; PROVIDING GENERAL REQUIREMENTS AND MINIMUM STANDARDS; PROVIDING PERMITTED USES ON PUBLIC PROPERTY; PROVIDING PERMITTED USES ON PRIVATE PROPERTY; PROVIDING SPECIAL EXCEPTION USE; PROVIDING EQUIPMENT STORAGE; PROVIDING REMOVAL OF ABANDONED ANTENNAS AND TOWERS; PROVIDING NONCONFORMING USES; PROVIDING PROTECTION FOR RESIDENTS; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE. Vice Mayor Beskin opened the public headng. There being no speakers, the public hearing was closed. A motion for approval was offered by Councilmember Cohen, seconded by Mayor Snyder, unanimously passed by roll call vote and Ordinance No. 98-05 was enacted. C. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; AMENDING THE CITY CODE BY AMENDING CHAPTER 18 "BUSINESS REGULATIONS, LICENSES AND PERMITS" AT SECTION 18-42 "TAX SCHEDULE," TO REVISE THE OCCUPATIONAL LICENSE TAX RATE FOR THE CLASSIFICATION OF "ASTROLOGER, PSYCHIC, FORTUNETELLER"; PROVIDING FOR INCLUSION IN CODE; 6 = 10. 11. 12. PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Beskin 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 Holzberg, unanimously passed by roll call vote and Ordinance No. 98-06 was enacted. OTHER BUSINESS: None. REPORTS: As submitted. PUBLIC COMMENTS: The following individuals addressed Council: Robert Jordan, Commodore Plaza; Harry Crook, Commodore Plaza; Mr. Socolov; and Dan Eichmann, Commodore Plaza. ADJOURNMENT. There being no further business to come before Council at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 8:40 p.m. Approved by Council on Teresa M. Smith, CMC, City Clerk Anyone wishing to appeal any decision mede 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 purpose, may need to ensure that a verbatim record of the proceedings if made, which record includes the testimony and evidence upon which the appeal is to be based. 7 CITY OF AVENTURA COUNCIL WORKSHOP MEETING FEBRUARY 20, 1998 2:30 P.M. Aventura Government Center 2999 NE 191st Street Suite 500 Aventura, Florida 33180 The meeting was called to order at 2:30 p.m. by Mayor Arthur I. Snyder. Present were Councilmembers 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 David M. Wolpin. As a quorum was determined to be present, the meeting commenced. Government Center Design: Presentation made by Michael A. Shiff, representatives of his office and representatives of Arquitectonica. For the most part, Council concurred with the design. Alternatives for building material for the exterior of the Council Chamber/Cultural Auditorium, computer workstation center and the shape of the main building would be further investigated. Library Report: A proposed 5-year project list was provided to Council by the Director of Libraries. Phil Sturtz addressed Council regarding contribution of new books to the Northeast Dade Regional Library. Subcommittee to discuss funding in coooperation with adjacent cities. City Manager to investigate operation of the North Miami Beach library. Moratorium Extension: Consensus of Council to extend moratorium for 6 more months on both ares. Town Hall Meeting Discussion (Councilmember Perlow): Procedures for future Town Hall meetings were discussed. Consensus that Councilmembers not actively participate in discussion. City Manger to respond to issues raised. Request by Imperial Club - Health Care Facilities Bond: Mr. Wolpin and Howard W. Whitaker, Esq., explained the Imperial Club's request that the City participate in the issuance of health care facilities 9. 10. 11. 12. refunding and improvement revenue bonds. Consensus not to participate. Notice Requirements - Residential Property/Thunder Alley (Vice Mayor Beskin): City Manager to determine whether or not a noise pollution problem exists in the Thunder Alley area and report back to Council. Corporate Park Pass (Councilmember Perlow): Consensus of Council to amend park use policy. Manager to prepare amended policy for Council consideration. Road Abandonment Policy (Vice Mayor Beskin): Consensus that no policy be established. Contribution Policy (Councilmember Rogers-Libert): No policy established. Defibrillator Program (Councilmember Berger): Councilmember Berger introduced Mr. Kupfer, who made a brief presentation to Council concerning co-sponsoring with the American Heart Association an educationl seminar re: defibrillators. Consensus to proceed. Manager directed to implement. Beautification Board (Vice Mayor Beskin): Vice Mayor Beskin informed Council that a member of the Beautification Advisory Board had been using the City's name and logo in advertisement of a proposed festival, without the City Council's knowledge or consent. Consensus to request member's resignation from Beautification Advisory Board and that the City Attorney direct written correspondence to the Board member to that effect. Other Business: City Manager to contact AMC Theaters regarding the feasibility of renting theater space for use by the City as the need arises. Council discussed an unsafe structure in the Waterways area. City to pursue unsafe structures proceedings. The meeting adjourned at 5:10 p.m. Teresa M. Smith, CMC, City Clerk Approved by Council on 1998. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council Eric M. Soroka, Cit February 26, 1998 Ordinance Amending 1997/98 Budget Ist Reading March 3, 1998 City Council Meeting Agenda Item 2nd Reading March 17, 1998 City Council Meeting Agenda Item RECOMMENDATION It is recommended that the City Council adopt the attached Ordinance, which amends the 1997/98 Budget to recognize additional revenues from building permits and increased expenditures for providing building inspections and permitting services. BACKGROUND The adopted Budget contained an estimate for building permit revenues in the amount of $780,000. As of January 31, 1998 the City has collected $632,000 in building permit revenues. It is now estimated that the City will collect $1,087,000 by fiscal year end. This is $307,000 higher than originally anticipated in the Budget. The additional revenues are indicative of the increased building activity in the City. The increase in building activity also has a direct effect on our building permitting and inspection services. The increased workload requires the addition of a Customer Service Representative position in order to maintain quality and efficient services to the community. The Community Development Department has also incurred additional expenses associated with overtime, office supplies and building inspection services provided by C.A.P. Engineering Consultants, Inc. to meet the increased inspection needs. In light of the above, the attached Budget amendment was prepared to address the following points: 1. Recognizes $307,000 in additional building permit revenues in the General Fund. 4. 5. 6. Adds a Customer Service Representative position to respond to increased workload demands in the building permitting operations. Adds $16,000 for overtime, $10,000 for printing, $5,000 for office supplies to respond to increased costs generated by higher than anticipated service levels. Provides $6,000 in capital costs for furniture and computer for the new position. Increases the Building Inspection Services line item by $161,000. Increases the Capital Reserve line item by $89,000. This is the amount of additional revenue generated by the increased building activity that remains after new expenditures were deducted. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0504-98 ORDINANCE NO. 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 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. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of the City and upon the recommendations of the City Manager (and the concurrence of the Finance Support Services Director as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 1997/98 Operating and Capital Budget as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The recitals contained in the preamble to this Ordinance are incorporated by reference herein. Section 2. The City Council hereby authorizes the amendment of Ordinance No. 97-25, which Ordinance adopted a budget for the 1997/98 fiscal year, by revising the 1997/98 budget as set forth on the attached Exhibit "A", which exhibit is deemed incorporated by reference as though set forth in full herein. Ordinance No. 98-__ Page 2 Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Councilmember moved its adoption on first reading. This motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger Councilmember 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. This motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger Councilmember 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 3rd day of March, 1998. Ordinance No. 98-._ Page 3 PASSED AND ADOPTED on second reading this 17t" day of March, 1998. ARTHURI. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EMS/tms 3 EXHIBIT"A" EXPENDITURES Budget Amendment General Fund COMMUNITY DEVELOPMENT DEPARTMENT 1997198 BUDGETARY ACCOUNT SUMMARY 01-40-524 EXPENDITURES 1-10-1200 1-10-1400 3-30-3300 3-40-4700 3-50-5100 6-60-6206 6-60-6405 6-60-6999 PERSONAL SERVICES Employee Salaries 287,419 20,000 307,419 Overtime 500 16,000 16,500 CONTRACTUAL SERVICES Building Inspections Services 600,000 t 6t,000 761,000 ~iii !~(M;;)~ :: :. :: :: ::~ :: ~ ~ ~:~i~ ~/.~/.~: ~?::i$~/:::::/:'::::: ~:: ~ OTHER CHARGES & SERVICES Printing 5,000 10,000 15,000 COMMODITIES Office Supplies 4,000 5,000 9,000 Position - Revisions Number Description Action Community Development Department 4411 Customer Service Representative I add CAPITAL BUDGET 80- Community Development - 524 Equipment 0 3,ooo 3,000 Computer Equipment s,ooo 3,000 0,ooo SUBTOTAL Capital Outlay Non-Departmental - 590 Capital Reserve SUBTOTAL 2,882,306 89,000 2,971,306 Total Amendmenta-Expenditures REVENUES Licenses & Permits 2-9 322100 Building Permits SUBTOTAL Total Amendments-Revenues EXHIBIT "A" 780,000 307,000 1,087,000 CITY OF AVENTURA FINANCE SUPPORT SERVICES DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Council _~ Eric M. Soroka, C~,V~ ~~]~3re, Finance' )ort Services Director February 26, 1998 Resolution Selecting Firm to Perform Building, Public Works and Engineering Inspection and Plan Review Services March 3, 1998 Council Meeting Agenda Item Recommendation It is recommended that the City Council adopt the attached Resolution which selects the firm of C.A.P. Engineering Consultants, Inc. to perform building, public works and engineering inspection and plan review services. Background As you are aware, C.A.P. Engineering Consultants have been performing our building and plan inspection services for the City since November 1996 when the City took over this function from the County. Their contract for these services expired on January 31, 1998 and is continuing on a month to month basis pending completion of the ISQ process. In addition, city staff believed it to be advantageous to have a second firm (other than Keith and Schnars who performs General Engineering Services) to perform plan review and inspection for public works and engineering matters. This can be done since the Keith and Schnars' contract is non-exclusive. We, therefore, prepared ISQ# 98-2-25-2 to solicit firms to submit their qualifications pursuant to Consultants Competitive Negotiation Act (CCNA) as contained in Section 287.055, F.S. This ISQ requested firms to submit qualifications and demonstrate their qualifications to perform the building inspection and plan review service currently performed by C.A.P. Engineering as well as public works and engineering plan review and inspection services. Of the two firms who submitted pursuant to the ISQ, only one firm, C.A.P. Engineering actually responded and demonstrated their experience to perform all segments of the requested work as is discussed in greater detail below. Page (2) Resolution selecting firm to perform Building, Public Works and Engineering Inspection and Plan Review Services The City advertised the ISQ in the Miami Herald twice. The firms which requested and received the ISQ were: 1. Rebull &Associates 2. E.N. Bechamps 3. Bermello, Ajamil & Partners 4. Craig A. Smith & Associates 5. U.R.S. Grainer 6. Narmel Engineers 7. C.A.P. Engineers At 2:00 PM on February 25th, we publicly opened the submittals pursuant to this ISQ. Only two firms submitted proposals; C.A.P. Engineering and Rebull & Associates. A review committee consisting of Glenn Marcos, Purchasing Technician, Bob Sherman, Community Services Director and I reviewed the submittals. Only C.A.P.'s proposal addressed the total scope of services requested. The Rebull proposal was aimed only at the engineering portions of the requested work. Prior to starting the proposal, we were unable to locate any firms other than C.A.P. which was performing building inspection and plan review services. However, we had hoped that we might locate another firm by the ISQ process. C.A.P. has been performing the building inspection and plan review services for the past fifteen months and has demonstrated the ability to perform those services in a satisfactory and timely manner. Their submittal also demonstrates their ability to perform the public works and engineering portions requested in the ISQ. Based on the foregoing, I recommend that C.A.P. Engineering Consultants, Inc. be selected to perform the services requested in ISQ 95-2-25-2. The resolution authorizes the City Manager to negotiate a contract which will be brought back to the City Council at a future meeting. HMK/mn FSS033-98 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, SELECTING C.A.P. ENGINEERING CONSULTANTS INC. TO PERFORM BUILDING, PUBLIC WORKS AND ENGINEERING INSPECTION AND PLAN REVIEW SERVICES; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS AND FEES FOR SAID WORK; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Aventura, in accordance with applicable State law, has requested proposals from firms for services relative to Building, Public Works and Engineering Inspection and Plan Review Services; and WHEREAS, said proposals were evaluated by a Review Team consisting of the Purchasing Technician, Director of Finance Support Services and Director of Community Services; and WHEREAS, said Review Team recommends the selection of the firm of C.A.P. Engineering Consultants, Inc.; and WHEREAS, the City Council desires to authorize the City Manager to negotiate scope of services and fees with the recommended firm. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The firm of C.A.P. Engineering Consultants, Inc. is hereby selected to perform building, public works and engineering inspection and plan review services. Section 2. The firm has been selected on the basis of their experience and qualifications and have not finalized a fee structure with the City. Therefore, the City Manager shall immediately negotiate the scope of services and basis of fees with said firm. Section 3. The basis of fee, above described, shall be negotiated by the City Manager and approved by the City Council prior to said firm beginning any labor or work for which the City may later be billed. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing resolution was offered by Councilmember moved its adoption. The motion was seconded by being put to a vote, the vote was as follows: ,who , and upon Resolution No. 98-.__ Page 2 Councilmember Arthur Berger Councilmember 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 this 3rd day of March, 1998. ARTHURI. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY TO: FROM: DATE: SUBJECT: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM City Council ~ Eric M. Soroka, C February 27, 1998 Resolution Authorizing Change Order No. 2 - Aventura Boulevard Streetscape and Biscayne Boulevard Northern Median Project March 3, 1998 City Council Meeting Agenda Item RECOMMENDATION It is recommended that the City Council approve the subject Change Order in the amount of $91,479.50 to add two bus shelters at Yacht Club Way and Country Club Drive east of N.E. 34th Avenue in accordance with the City's Capital Improvement Program (CIP). BACKGROUND The 1997/98 CIP contains funds for the systematic replacement of bus shelters within the City. The City Council has adopted the bus shelter design concept. The Aventura Boulevard Streetscape Project bid includes the construction of new bus shelters along the Boulevard. In order to expedite the replacement of bus shelters and construction of a new shelter at N.E. 34th Avenue and Country Club Drive, we requested the contractor to submit a Change Order to their existing contract to construct the two shelters. The City's landscape consultant has reviewed the Change Order and recommends approval of it. The project includes the installation of bus shelters, pavers, concrete pads, electrical connections and restoration of landscaping. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0509-98 RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED CHANGE ORDER FOR BID NO. 97-9-30-2, AVENTURA BOULEVARD STREETSCAPE AND BISCAYNE BOULEVARD NORTHERN MEDIAN, BY AND BETWEEN THE CiTY AND VILA & SON LANDSCAPING CORPORATION; 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 and otherwise enter into the Change Order for Bid No. 97-9-30-2, Aventura Boulevard Streetscape and Biscayne Boulevard Northern Median, by and between the City and Vila & Son Landscaping Corporation, attached hereto and incorporated herein as specifically as if set forth at length herein. Said Change Order amount is $91,479.50. Section 2. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by adoption. The motion was seconded by , who moved its , and upon being put to a vote, the vote was as follows: Resolution No. 98-__ Page 2 Councilmember Arthur Berger Councilmember 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 this 3rd day of March, 1998. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EMS/tms CITY OF AVENTURA CHANGE ORDER FORM CHANGE ORDER NO. 2 CONTRACT NUMBER: 97-9-30-2 DATE: February 27, 1998 =ROJECT TITLE: Aventura Boulevard Streetscape and Biscayne Boulevard Northern Median PROJECT CONTRACTOR: Vila & Son Landscaping Corporation COST: $91,479.50 BUDGET LINE ITEM: 01-80-524-6-60-6604 (Bus Shelters) DESCRIPTION OF CHANGES: Additional Bus Shelters on country club Drive (see attached proposal dated Februar 17, 1998.) Original Contract: Total Previous Change Orders: This Change Order: Revised Contract Amount: $1,347,985.45 0 91,479.50 $1,439,464.95 Total Change Orders to Date: 2 Contract Amount Before This Change: $1,347,985.45 Total Change in Contract Period: 0 Calendar Days The sum of $91,479.50 is hereby added to the Contract price, and the total adjusted Contract price to date thereby is $1,439,464.95. The time provided for completion in the Contract is increased or decreased by 0 calendar days. This document shall become an amendment to the Contract and all provisions of the Contract will apply thereto. Recommended by. Consultant Date Date Recommended by Director/Capital Projects Manager Recommended for Budge~ Finance Support Seh/ic~s Director Date Approved by City Manager Date Date Accepted by Contractor PROPOSAL DATE: 2/17/98 TO: FR(~: William O'Leary O'Leary Design Aeeo~lates Rick Leal Aventura Strsetscape Change Order No~, Additional Sue Shelters As requested, we submit for your review and approval our proposal for additional work as per plans. (Sheet 1, dated 1/28/98 & Sheet El, dated 1/20/98) 1, Bus Shelters* (item No. 12) 2 ea. $32,150.00 2, Install Bus Shelter (Item No. 13) 2 ea. $2,682.00 3. Electrical to Bus Shelter (Yacht Club/aP1) 1 LS $3,267.00 4, Electrical to Bus Shelter (Berlin ParldSP2) 1 LS $4,210.80 $. Existing Bus Shelter Removal/Disposal 1 ea $350,00 6, Litter Containers (Item No, 11) 2 ee $1,735,00 7. Concrete Pavers (item No, 14) 527 sf $7.00 8. Concrete Eiand (Item No. 15) g7 It $12.10 g, Saw cut and Patch Asphalt 1 Is $325,00 10, Remove existing Trees 3 ea. $500.00 11, Relocate Mahogany Trees 2 ea $650.00 12. C~ear and Glrubb Vegetation (2 sltes)/DJspose strippings. ILS $750,00 13. Grade Swale (Yacht Club)/rsmove excess from alta, ILS SS00,00 14, Modify irrigation layout 1 L8 $250.00 15. Solid sod (item No. 36) 1500 sf $0.38 16. Maintenance of Traffic 1 LS $500,00 TOTAL CHANGE ORDER $64,300.00 $5,324,00 $3,267.00 $4,213.80 $360,00 $3,470,00 $3,689.00 $1,173.70 $325,00 $1,500.00 $1,300,00 $750,00 $500,00 $250.00 $570.00 $$00,00 $91~479.5~ * Bus Shelter Light Fixtures to be aa per Sase contract and approved shop drawings. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council ~ Eric M. Soroka, City//~//~hag~r' February 24, 1998- Ordinance Extending Moratorium in Marina and Hospital Area Ist Reading March 3, 1998 City Council Meeting Agenda Item 2nd Reading March 17, 1998 City Council Meeting Agenda Item RECOMMENDATION As per the City Council's request, attached is an Ordinance which extends the building moratorium adopted in Ordinance No. 97-22 in two areas of the City. The area surrounding the hospital in the northwest portion of the City, and the area adjacent to Thunder Alley Marina are included in the Ordinance. BACKGROUND The two areas described above are recognized as areas of critical concern because of the transition of land use patterns. It is important to control and guide the transition of these areas to avoid a mix of incompatible and adverse land uses. The City Council has expressed their desire to adopt policies that would enhance the character of the two areas. This process normally takes place during the preparation of the Comprehensive Plan. The master plans for the two areas should be completed in the next few months. If you have any questions, please feel free to contact me. EMS/aca Attach ment CC0502-98 ORDINANCE NO. 98 - AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; EXTENDING THE DURATION OF THE EXISTING BUILDING MORATORIUM ON ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS WITHIN THE MARINA AREA AND THE HOSPITAL ARE~ AS PREVIOUSLY IMPOSED PURSUANT TO ORDINANCE NO. 97-22 OF THE CITY OF AVENTURA; BY AMENDING SECTION 8 "TERM" OF ORDINANCE NO. 97-22 TO PROVIDE FOR EXTENSION OF SUCH MORATORIUM, SO AS TO ENABLE CITY'S COMPREHENSIVE PLAN TO BE COMPLETED AND IMPLEMENTED; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Pursuant to Ordinance No. 97-22 of the City of Aventura, as adopted on September 16, 1997, the City Council provided for a moratorium upon the issuance of development orders and development permits concerning development within the Marina Area and Hospital Area within the City, as described therein, so as to enable the formulation and implementation of the City of Aventura Comprehensive Plan (the "City Plan"); and WHEREAS, Ordinance No. 97-22, provided for such moratorium to be effective for an initial period of 180 days from adoption thereof, and authorized such moratorium to be reasonably extended; and WHEREAS, the City Council finds that work is being expeditiously pursued on the City Plan, but that it is necessary to reasonably extend the moratorium, for an additional period of 120 days as provided herein, so that the City Plan is able to be completed and implemented. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: That Section 8 'Term," of Ordinance No. 97-22, is hereby amended to Section 1. read as follows:~ Section 8. Term. The moratorium imposed by this Ordinance is temporary and shall be effective for a period of !~0 300 days from adcptic,-, hereof, September 16, 1997 unless dissolved earlier by the City Council. Further, the moratorium shall automatically dissolve upon the adoption of the City Plan, the formulation and adoption of which shall be expeditiously pursued. The moratorium may be reasonably extended, if necessary, but shall not be extended beyond November 1, 1998. 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 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. 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 Underline indicates addition to existing text; ......... ~nd~cates deleuons. 2 Councilmember Ken Cohen Councilmember Harry Holzberg Councilmember Patricia Rogers-Libert Councilmember Jeffrey M. Perlow 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 Councilmember Harry Holzberg Councilmember Patricia Rogers-Libert Councilmember Jeffrey M. Perlow Vice-Mayor Jay R. Beskin Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 3~ day of March, 1998 PASSED AND ADOPTED on second reading this 17th day of March, 1998. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY A'I-I-ORNEY 3 CITY OF AVENTURA OFFICE OFTHECITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council ~il r urVl~ ~ ~1 ~i~ '99CSIY/~a Ordinance Amending 1997/98 Budget Ist Reading February 17, 1998 City Council Meeting Agenda Item 2"d Reading March 3, 1998 City Council Meeting Agenda Item RECOMMENDATION It is recommended that the City Council adopt the attached Ordinance, which amends the 1997/98 Budget to provide additional funding for the Aventura Founders Park project and reclassifies two positions. BACKGROUND As outlined in the Agenda Item dealing with the bid award for the Aventura Founders Park Project a budget amendment is necessary to fund the amounts in excess of the $1,700,000 original budget. The following represents the revised budget requirements for the Aventura Founders Park Project: Bid Price $1,914,000 Playground $ 53,000 Park Design $ 140,000 Contingency $ 75,000 Total $2,182,000 A $482,000 budget amendment is required to fund the project. The $482,000 will be generated by (a) recognizing $160,000 from the Safe Neighborhood Parks Grant and inserting same in the Park Development Fund (b) transferring $300,000 from the General Fund Capital Reserve; and (c) transferring $22,000 from savings for the Lehman Causeway Safety Improvements Project. In addition to the above, the budget amendment includes the reclassification of the following positions: 1. In the Police Department an Administrative Assistant position is being reclassified to a Data Entry Clerk to assist with the computer operations. 2. In the Community Development Department a Clerk Typist position is being upgraded to Customer Service Representative I to reflect the actual duties of the position and to assist in the City's building permitting operations. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0493-98 ORDINANCE NO.~ 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 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. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of the City and upon the recommendations of the City Manager (and the concurrence of the Finance Support Services Director as to Accounting PrincipJes), it is deemed necessary to adjust, amend and implement the 1997/98 Operating and Capital Budget as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The recitals contained in the preamble to this Ordinance are incorporated by reference herein. Section 2. The City Council hereby authorizes the amendment of Ordinance No. 97-25, which Ordinance adopted a budget for the 1997/98 fiscal year, by revising the 1997/98 budget as set forth on the attached Exhibit "A", which exhibit is deemed incorporated by reference as though set forth in full herein. Ordinance No. 98-__ Page 2 Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Councilmember Rogers-Libert, who moved its adoption on first reading. This motion was seconded by Councilmember Holzberg, and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger yes Councilmember Ken Cohen yes Councilmember Harry Holzberg yes Councilmember Jeffrey M. Perlow yes Councilmember Patricia Rogers-Libert yes Vice Mayor Jay R. Beskin yes Mayor Arthur I. Snyder yes The foregoing Ordinance was offered by Councilmember who moved its adoption on second reading. This motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: Councilmember Arthur Berger Councilmember 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 17th day of February, 1998. 2 Ordinance No. 98-__ Page 3 PASSED AND ADOPTED on second reading this 3rd day of March, 1998. ARTHURI. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EMS/tms Budget Amendment OBJECT CODE CATEGORY EXPENDITURES 6-60-6603 6-60-6610 6-60-6999 Community Services - 541 Safety Improvements Aventura Founders Park SUBTOTAL Non-Departmental - 590 Capital Reserve SUBTOTAL 199'~198 1997198 1997198 ADOPTED AMENDED REVISED BUDGET AMOUNT BUDGET General Fund - 01 CAPITAL BUDGET 80- 372,000 (22,000) 350,000 683,000 322,000 1,005,000 ~,~oo 3,182,306 (300,000) 2,882,306 Position - Revisions Number Description Action Police Department 2066 Adm. Asst. delete 2066 Data Entry Clerk add Community Develooment Deoartment 44O8 4408 Clerk Typist delete Customer Ser Rep add REVENUES 337710 EXPENDITURES 6-60-6610 Park Development Fund - 17 Inter.qovernmental Revenues 3-9 Safe Neighborhood Parks Grant 0 160,000 160,000 SUBTOT^' S ~o0 CAPITAL BUDGET 80- Community Services - 539 Aventura Founders Park SUBTOTAL 1,017,000 160,000 1,177,000 TO: FROM: DATE: SUBJECT: CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM Eric M. Soroka, C' ~a~ Brenda Kelley, Planner/~'~ February 24, 1998 Status of Chabad House of North Dade As per your request, please find the following status of building permits for the above referenced project: Foundation Permit (for main structure) - permit issued 2/20/98 Assembly Trailer Permit (trailers being located to the east of the existing trailers for religious services) - permit issued 2/23/98. This permit contained the following conditions: 1. Permit valid for one (1) year only after issuance of certificate of occupancy for trailers. 2. Existing trailers must be removed from property 7 days after certificate of occupancy for new trailers is issued. Master Buildin.q Permit - outstanding items: (The plans were taken from the building dept. by the applicant on 11-14-97 and have not yet been resubmitted). 1. Outstanding structural comments: a. DCPC (Dade County Product Control) for all windows, doors, glass, glazing & etc. b. Submit complete structural analysis & design calculations for all new members, all new connections, all load transfers. c. Mikweh must be approved by H.R.S. prior to review by Bldg. Dept. d. Where will the storage cisterns for the Mikweh? Where will the water be collected from? e. DCPC for scuffle and hutch's. f. Provide structural for bar joists. g. Need to pay impact fees at County. h. DERM needs to approve plans. 2. Substantial Compliance Determination required. The Site Plan was revised and is not consistent with that which was approved at public hearing. This department is currently working with the architect to approve a Substantial Compliance submittal. 3. Pursuant to Resolution No. Z-96-10-ACC-2 (attached), the following items must be submitted prior to issuance of a building permit for the main building: That applicant provide and execute a covenant, in a form approved by the City Attorney; a) limiting the duration of the Zoning Approvals granted by this resolution to the specific use authorized herein; b) providing that in the event that the Director of the Dept., upon an annual review, determines that lack of required parking becomes detrimental to the surrounding area, the Property shall be required to comply with minimum parking standards which would be applicable in the absence of the non-use variance granted. The applicant has submitted a covenant; it has been reviewed by the City Attorney and one change has been requested. Once that change is completed, the covenant can be recorded in the Public Records. b. That Applicant obtain a Cross-Parking Easement Agreement from the Memorial Gardens and Funeral Chapel located immediately to the south, in a form approved by the City Attorney. (open) c. That the Applicant submit to the City's Department an Improvement Agreement for the future construction of NE 210 Street, in a form approved by the City Attorney. (open) That all trailers situated upon the Property at any time during the period of time commencing sixty (60) days after issuance of a building permit and terminating 14 days after issuance of a CO, be moved and maintained further to the east to a location approved by the Director. (inprocesg e. That other than as specifically authorized by the above condition, no trailers, tents or similar structures and no temporary use of any type shall be permitted on the Property at any time. (in process) Please feel free to contact me if you should have any additional questions. 2 CITY OF AVENTI/R3t RESOLUTION NO. Z-96-10-ACC-2 WHEREAS, CHABAD HOUSE OF NORTH DADE, INC., hereinafter referred to as "Applicant,', has applied to the City of Aventura for the following zoning approvals (the "Application") for that certain property at 21001 Biscayne Boulevard in Aventura, Florida (the "Property") as legally described on Exhibit "A" attached hereto: Items for Which Zoninq Approval Was Souqht: Modifications of plans for religious facility; special exception for expansion of religious facility; non-use variance of building height; non-use variance of lot area and frontage requirements; non-use variance of parking regulations within 25' of right-of-way; non-use variance of parking requirements as to number of spaces; non-use variance of setback requirements; non-use variance of zoning regulations requiring 35' right-of-way, collectively referred to as the "Zoning Approvals"; all as described in Application No. 96-10- ACC-2. City with WHEREAS, the Application is subject to the jurisdiction of the of Aventura City Council (the "City Council") in accordance City Ordinance No. 96-08; and WHEREAS, the public hearing by the City Council was held in accordance with public notice as required by law; and WHEREAS, the City Council has been advised by City Staff that the subject Application has been reviewed for compliance with concurrency requirements for levels of service and, at this stage of the request, the same was found to comply with such requirements; and WHEREAS, the initial application has been modified by withdrawing the request for a non-use variance of parking regulations to permit parking areas within 25' of the official right-of way of N.E. 30th Ave. WHEREAS, upon due and proper consideration having been given to the matter, it is the opinion of the City Council that the requested Zoning Approvals which are granted below are justified and do meet the requirements of the Dade County Zoning Code (the "Code"), as applied pursuant to City Charter Section 8.03 and City Ordinance No. 96-08 (the "Ordinance") and should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, as follows: Section 1. That the above stated recitals and findings are incorporated by reference and the Application be and the same is hereby approved, subject to the applicable conditions set forth below, as follows: (i) MODIFICATION of Condition #2 of Resolution 5-ZAB-470-95, passed and adopted by the Zoning Appeals Board on the 6th day of December, 1995, reading as follows: FROM: "2 That in the approval of the plan the same be substantially in accordance with that submitted for the hearing entitled 'Chabad House of North Dade,' as prepared by Arkidesign, Inc., consisting of 3 sheets, Sheet #1 dated 11-7-94, Sheets #2 & 3, dated 11-8-94, 'Land Survey', as prepared by Boggs, Hutchison & Assoc., Inc.dated 11-1-94. TO: "2 That in the approval of the plan, the same be substantially in accordance with that submitted for the hearing entitled 'Land Survey', as prepared by Boqqs-Hutchison & Assoc., Inc., dated revised 12-6- 95, 'Chabad House of North Dade,' as prepared by Arkidesign, Inc. consisting of four sheets dated 21-7-94 'Site Planninq', as prepared by witkin Desiqn Group, consistinq of two sheets and dated 4- 10-96 (the Plans)." The purpose of a plan showing facility. the modification is to allow the Applicant to submit the expansion of the previously approved religious (2) SPECIAL EXCEPTION to permit the expansion of the previously approved religious facility onto adjacent property. (3) NON-USE VARIANCE OF BUILDING HEIGHT REQUIREMENTS to permit the proposed religious facility with a building height of 36' (35' maximum permitted). (4) NON-USE VARIANCE OF LOT AREA AND LOT FRONTAGE REQUIREMENTS to permit the proposed religious facility on a parcel of land with an area of 1.14 acres (2.5 acres minimum required) (.52 acre previously approved) and a lot frontage of 80.85' (15,0' minimum required). (5) NON-USE VARIANCE OF PARKING REQUIREMENTS to permit a total of 66 parking spaces (82 required). ~- (6) NON-USE VARIANCE OF SETBACK REQUIREMENTS to permit the proposed religious facility to setback 1' (50' required) from the interior side (north) property line and setback varying from 5' to 5'2" (25' required) from the side street (south) property line (N.E. 210 Street). (7) NON-USE VARIANCE OF ZONING REGULATIONS requiring a half section line right-of-way to be 70'in width, to waive same to permit 30' (35' required) along the west side of N.Eo 30 Avenue of the subject property. Section 2. Conditions: That the conditions hereby established upon the respective Zoning Approvals granted above are as follows: That the Applicant obtain a Certificate of Use and Occupancy (the "Certificate") from, and promptly renew the same annually with the City Department of Community Development (the "Department") upon compliance with all terms and conditions. The Certificate shall be subject to cancellation by the Director of the Department upon violation of any of the conditions. 2 o That the Applicant provide and execute a covenant, in a form approved by the City Attorney: (a) limiting the duration of the Zoning Approvals granted by this resolution to the specific use authorized herein; (b) providing that in the event that the Director of the Department, upon an annual review, determines that lack of required parking (as to the number of spaces) becomes detrimental to the surrounding area, the Property shall be required to comply with minimum parking (number of space) standards which would be applicable in the absence of the non-use variance granted. 3 o That in the approval of the plan, the same be substantially in accordance with that submitted for the hearing entitled "Land Survey," as prepared by Boggs- Hutchison & Assoc., Inc., dated revised 12-6-95, "Chabad House of North Dade," as prepared by Arkidesign, Inc., consisting of four sheets, dated 11-7-94, "Site Planting," as prepared by Witkin Design Group, consisting of two sheets and dated 4-10-96, except as herein modified to provide turnaround areas for the northerly parking spaces. That Applicant obtain a Cross-Parking Easement Agreement from the Memorial Gardens and Funeral Chapel located immediately to the south, in a form approved by the City Attorney. That the Applicant submit to the City's Department an Improvement Agreement for the future construction of N.E. 210 Street, in a form approved by the City Attorney. 3 That all trailers situated upon the Property at any time during the period of time commencing sixty (60) days after issuance of a building permit and terminating 14 days after issuance of a Certificate of Occupancy, be moved and maintained further to the east to a location approved by the Director. That other than as specifically authorized by condition (6) above, no trailers, tents or similar structures and no temporary use of any type shall be permitted on the Property at any time. o That Applicant shall submit to the City's Landscape Architect and City Council for their review and approval a landscaping plan which indicates the type and size of plant material to be utilized by the Applicant for the Property, prior to the issuance of any Certificate of occupancy. This plan shall include a 25' buffer area. The Zoning Approvals granted are subject to the further condition that development authorized by this Resolution conform to the Plans and be established and maintained in accordance with the Plans. Section 3. That notice is hereby given to the Applicant that the approvals granted herein constitute an initial development order and do not constitute a final development order and that one, or more, concurrency determinations may subsequently be required before development will be permitted. Section 4. That the City Manager or his designee is hereby authorized to make the necessary notations upon the maps and records of the City of Aventura and to cause the issuance of all necessary permits in accordance with the terms and conditions of this Resolution. PASSED AND ADOPTED this 19th day ~f Nove~-,I~199&. CITY CLERK APPROVED J%S TQ LEGD~L SUFFICIENCY: CITY ATTORNEY 4 Filed in t~e Office of the City Clerk, City of Aventura, ~ day of ~j.X~ ' 1997. Teresa M. Smith (SEAL) City Clerk this SUBJECT PROPERlY: Lots 2,3,4,5,6,7,8,9, 10 & II, Block I lALLANDALE PARK NO II, Plat book 27, Page 39 togdnd" with a 25' strip ofland being a portion of Tract "A" ofDONN ACRES, Plat book 76, Page 30, bcin,g more particularly bounded as follows: Bounded on the south by the north line of Block I of said HALLANDALE PARK NO. II and its Wily extension; bouudcd on tbc north by a line 25' north of and paral1el with the north line of said Block I; bounded on the cast by the NIIy extension of the cast line of Lot I of said Block I; and bounded on the v.-est by the Nllyextension ofa line 25' west ofand parallel with the Wily line of Lot II of said Block I. LOCATION: 21001 Biscayne Boulevard, Dade County, Florida. SIZE OF PROPERlY: 1.14 Acres CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council (~ Eric M. Soroka, Cityc/,~ February 26, 1998 Non-Resident Fee Polic' Use of Aventura Founders Park March 3, 1998 City Council Meeting Agenda Item BACKGROUND At the February 20, 1998 Workshop Meeting, the City Council requested that I revisit the Non-Resident Fee Policy for use of Aventura Founders Park. The Council wanted to revise the Policy to either charge a fee for the use of the facilities only and not charge an admission fee, or allow free access to only the southern portion of the park. ISSUES After further reviewing this matter, if the City Council desires to revise the current policy adopted by Ordinance No. 98-02, I would recommend the following course of action: Repeal Ordinance No. 98-02. Adopt an Ordinance, which authorizes the City Manager to establish, by Administrative Policy, fee schedules for park or park facilities usage. The Charter allows the City Council to delegate this authority by Ordinance. This is similar to the County's policy. Implement one of the following policies regarding Aventura Founders Park: Charge no admission fee for non-residents and eliminate the guardhouses but close and secure the park at dusk. Only charge a non-resident fee for the use of the tennis courts and baseball field. League play permitted by the City, would not involve a non-resident fee. Charge no admission fee for non-residents to utilize the southern portion of the park site and remove the guardhouse. Maintain a non-resident fee to utilize the northern portion of the park, which contains the active sport features and ensures residents' preference. League play permitted by the City, would not include a non-resident fee. ACTION REQUESTED I have placed this matter on the Agenda in order to obtain direction from the City Council and proceed with this matter. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0506-98 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council Cit~er Eric M. Soroka, February 26, 199'8 Meeting With Dade~Cou~ School Board Officials This memorandum has been prepared to advise the City Council of the subject meeting which was held on February 25, 1998. Vice-Mayor Beskin and I attended the meeting. The Mayor was unable to attend. The purpose of the meeting was to discuss the feasibility of obtaining a school in the City of Aventura and what property was available for a school site. The School Board was represented by Roger Cuevas, Superintendent of Schools, Craig Sturgeon, Region Superintendent of Schools and Dr. Krop. I am pleased to advise you that the School Board Officials have indicated that they are committed to fund a school in the City so long as an adequate site can be found. In addition, they would also consider a joint effort to combine the school with a park facility. In the best of circumstances, the school could service children from kindergarten to eighth grade. The School Board is primarily interested in the following si[es: · Gulfstream Racetrack vacant property; · Vacant area north of Aventura Turnberry Jewish Center; · Vacant property owned by Turnberry Associates; The Superintendent has requested that I work with his site acquisition personnel and the Region Superintendent to review the potential sites for acquisition by the School Board. I feel the meeting was very positive and creates a good foundation to continue forward to obtain a school to serve our current and future residents. EMS/aca cc: Roger Cuevas, Superintendent of Schools CCO505-98 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council _ ~ Eric M. Soroka, Ci~/~r February25, 1998 (~/) AMC Theaters - Fashion Island Shopping Center I am pleased to transmit to the City Council the attached letter from AMC confirming their intention to maintain the theater at Fashion Island as a first run theater and has no plans to discontinue or alter their operations. If you have any questions, please feel free to contact me. EMS/aca Attachment cc: Brenda Kelley-Yokell, Planner (w/ attachment) Tom Ribel, Chief of Police (w/ attachment) CC0503-98 MARC ARENSTEIN AMERICAN MULTi-CINEMA, INC. February 24, 1998 Mr. Eric M. Soroka City Manager City of Aventura 2999 N.E. 191 Street Suite 500 Aventura, FL 33180 RE: AMC 24 Theatres Aventura Mall VIA OVERNIGHT FAXED Dear Mr. Soroka: h was a pleasure meeting with you last week to discuss our request for signage on the exterior facade of Aventura Mall for our AMC 24 Theatres scheduled to open this August. This will be our first new state-of-the-art megaplex in South Florida and we are delighted that it is being built in your community. We deem it appropriate that the finest theatre to be constructed in the state will open in Aventura. Regarding Fashion Island, AMC will continue to operate a first run theatre and has no plans to discontinue or alter our operation. Our lease term runs until 2013. Again, my personal thanks for your time and efforts on our behalf. Sincerely, RECEIVED cc: Rolando Rodriguez Sr. Vice President Operations South Division 29399 U.S HWY 19 N, SLJ]TE 320, CLEARW~,TER, FL 3462~-2139 he said. They ~ ship to rematn ap in the Atlantic ~to the Gulf of Mex- ~Tth Tomahawk flight date, usually on the thday. The state began new permits in Janu- eho received a permit -- regardless of the Jate on the tag -- must .re the April deadline. ting time on the old tag :dited to the new one. $15 fee will be pro- le Sell By ht Turns Lb. units tion By vice Rd. past ~rns right, follow signs. said of 'this week's debates and votes. "We've been looking at the insurance sh, area vote equ~t to the governor s on an array uPState issues. CITY OF PUBLIC NOTICE NOTICE OF EXTENSION OF DURATION OF ~ BUILDING MORATORIUM IN THE HOSPITAL~. AND MARINA AREAS The City of Aventura proposes to adopt the follow!~g Ordinance: AN ORDINANCE OF THE CITY OF AVENTUR~ FLORIDA; EXTENDING THE DURATION OF THE EXISTING BUILDING MORATORIUM ON' ISSUANCE OF DEVELOPMENT ORDERS AND~ DEVELOPMENT PERMITS WITHIN THE,~ MARINA AREA AND THE HOSPITAL AREA, AS PREVIOUSLY IMPOSED PURSUANT TO~ ORDINANCE NO. 97-22 OF THE CITY OFS~' AVENTURA; BY AMENDING SECTION "TERM" OF ORDINANCE NO. 97-22 TO PROVIDE FOR EXTENSION OF MORATORIUM, SO AS TO ENABLE COMPREHENSIVE pLAI~ TO I~E COMPLETEI)~; AND IMPLEMENTED; PROVIDING FOg, SEVERABILITY; PROVIDING FOR AN~'~ EFFECITV'E DATE. A Public Hearing ~or the first reading of the Ordina~,ee will be held on Tuesday, March 3. 1998, at ~ p.m. at ~lae Columbia Aventura Medical Center, located at 21~10 Biscayne Boulevard, Suite 101, Aventura, Florida. ~e proposed Ordinance may be inspected by the public at the Office of the City Clerk, 2999 N.E. 191st Street, Suite ~00, Aventura, Florida. Interested parties may appear at the Public Hearing and be heard with respect to the proposed Ordinance. Any person wishing, to address the City Council on any item at this Public Hearing is asked to register ~th the City Clerk prior to that item being heard. In accordance with the Americans with DisabilitiesAct of 1990, all persons who are disabled and who need speglal accommodations to participate in this proceeding because~of that disability should 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't~e City Council with respect to any matter considered at~.h meeting or hearing, that person will need a record of~e proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which rec~d~ includes the testimony and evidence upon which the aplJ~ai is to be based. V~c,d thig 24th day of February, 1998 Teresa M. Smith, CMC CITY OF AVENTURA Ordinance 96-09 Disclosure of Verbal Contact Agenda Item: Item No. 199 ~ agenda of ,G.~- ~¢ body Date of Verbal Communication: Identity of Person or Entity Making Communication: Subject and Substance of Communication: Filed this Respectfully, Council or Board Member Communication: Name z ~.:~ "~' ~7~~,(a t,,u re~.;~~''~ Clerk / Secretary Receiving CITY OF AVENTURA Ordinance 96-09 Disclosure of Verbal Contact Agenda Item: Item No. J'A of 199~' agenda of Date of Verbal Communication: body Identity of Person or Entity Making Communication: Subject and Substance of Communication: Filed this ..~ day Respectfully, Council or Board Member Communication: Receiving Nal e Clerk / Secretary MIAMI DALLY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Fiarida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Buetness Review f/k/a Miami Review, a daily (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 AVENTURA AN ORDINANCE AMENDING ORDINANCE NO. 97-25 in the ...................... ~:~L~SC ~C ....................................... Court, was published in said newspaper in the issues of Feb 19, 1998 Affiant further says that the said Miami Daily 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 Hetlbays) and has been entered as second class mail matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of ,edvertisement; and affiant further says that she has neither paid nor promised any person orporation any discou bate, commiaslo e purpose of secur' g this advertisem n the said o and subscrl me this · 19 ebru ry 98 ................. ~ .... ~.-~'~ -'- ~l~ ~.~ ~- I SEAL LLEREN^ I OctetmaV. Fert ~e'J~y~nown~eej,&O04 I · ' ol: t:~.© .JUNE ,25,2000 ~ CITY OF AVENTURA PUBMO NOTIOE OF I~OPOSED ORDINANOE NOTICE IS HEREBY GIVEN that on Tuesday, the 3rd day of March, · 1998, at a meeting of the City Council of the City of Aventura, to be held at 6:00 p,m. in the Council Meeting Room at the Columbia Aventura Hospital and Medical Center, 21110 Biscayne Boulevard, ~ Suite 101 Aventura, Florkla, the City Council will consider the adop- tion of the following Ordinance on second reading, entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AMENDtNG ORDINANCE NO. 97- 25. WHICH ORDINANCE ADOPTED .a BUDGET FOR THE 1997/98 FISCAL YEAR BY REVISING THE 1997/98 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT 'A' ATI'ACHED HERETO: AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE: PROVID- ING FOR AN EFFECTIVE DATE The propose~ Ordinance may be inspected by the public et the f~ce of the City Clerk, 2999 N.E. lglst Street, Suite 500, Aventura. Florida. interested parties may appear at the Public Hearing and be heard with respect to the proposed Ordinance. Any person wishing to address the r~ity Council on any item at this Public hearing is asked to register with the City Clerk prior to that item being heard. In accordat~os with the Americans with Disabilities Act of 1990, all persons who ara disabled and who need apecial accommodations to participate in this proceeding because of that disability should contacl the Office ct the City Clerk, 466-8901. not later than two business days prior to such proosedings. If a parson decides to appeal any decision made by the City Council with respect fo any matter considered at a meeting or hearing, that person will need a record of the proceedings and, for such purpose. may nasd to ensure that a verbetiro record of the ~roosedings is made. which record includes the testimony and e~clence upon which the appeal is to be based. Dated February 19, 1998 Teresa M. Smith. CMC, City Clerk 2/19 98-4~0219102M MIAMI DALLY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dada County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma v. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Dally Business Review f/k/a Miami Review, a daily (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 AVENTURA NOTICE OF PUBLIC HEARING MARCH 3, 1998 APPLICATION NUMBER: 01-VAR-9? in the ...................... ~.~.7~ ~ ....................................... Court, was published in said newspaper in the issues of Feb 20, 1998 Affiant further says that the said Miami Daily 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 mail matter at the post office in Miami in said Dada County, Florida, for a period of one year next preceding the first publication of the a~ached copy of.advertisement; and affiant further sa s that she has neither paid nor promised any pe corporation Swo subscribe e this SEAL ~'~ /~ ;///~JANE~ LLERE NA Octelma v. Fe ~p~ ly~.own ~1~956 O04 ~'OF ~:X-(r JUNE 23~2000 011~' OF AVENTURA _NOTIOE OF~PU~B~~ ...... Date end 11me of Publi~ Hearing: Tuesday, Mafch 3, 1998 6:00 p.m. Applicant Name: Avontura's Finest Hand Car Wash and Ser- vice. Inc., a Florida Corporafio~ Applicant Request: The applicant is requesting a Modification of Condition 4E of previously approved Resolu- tion No. 97-48 to delay the installation of the Department of Environmental Resoumes Management (DERM) required ~mprove- ments Ap~licedon Number: ~an Of Subject ~rpperty: Legal Description: 01 -VAR-g/ 2890 N.E. 187 Street ~,n unplattod parcel of land in the Southwest ~ of Section 3. Townshis 52 South. Range 42 East. Dada County, Florida. You may contact the Aventura Community Develop- rnent Department for the complete legal dascdpUon. Size ~ Subject Prepay: Aparoximatai¥ ~ .ge acres Plans are on file end may ~ examined during regular buaine~s hours ~n the City of AVeofur~, Community Dev~opment Department, 2999 NE 191 S'b~et, Suite 500, Aventura, Florida 33180, P~ns may De modified at or before the P~blic Hearing The application may change during the hearing process. The Public Headng will be held at Columbia Aventura Medical Arts Building, 21110 Biscayne Boulevard, Suite 101, Aventura, Florida, 3~180. Your comments may be made in person at the headng or ~od in writing p~ior to the hearing date. Refer to appliantJproperiy on correapondance and mall same to City of Aventura, Community Development Depmlmeof, 2999 NE 191 Street, Suite 500, AVentura, Florida, 3~180. For further information, please call (30S)46e~940. In accerda~lce with the Americans with Disab{litisa Act of 1990. all persons who are disabled and who need special accommodations to participate in this proceedthg because of that disability should contaci the Office of the City Clerk. 466-8901, not later than twe business days prior to such proceedings, If e person decides to appea~ any dasision made by the City Council with respect to any matter conaldered at a meeting or hearing, that carson will need a record of the proceedings and. for such purpose. may need to ensure that a verbatim record of the proceedings is made. wh~h record includes the testimony and evidence upon which the appeal is to be based. Teresa M. Smith. CMC. City C~erk 2/20 98-3-022025M TheMiami He~ald PublishingCompany PUBLISHED DALLY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared: SILVIA ACOSTA who on oath says that he/she is" CUSTODIAN OF RECORDS of The Miami Herald, a daily newspaper published at Miami in Dada County, Florida; that the attached copy of advertisement was published in said newspaper in the issues of: Affiant further says that the said The Miami Herald is a newspaper published at Miami, in the said Dada County, Florida and that the said newspaper has heretofore been continuously published in said Dada County, Florida each day and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, fn'm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspapers(s). Sworn to and subscribed before me this / My Commission Expires: October 17, 2001 Virginia J. Gallon .. · /- · 1998 One Herald Plaza, Miami, Florida 33132-1693 (305) 350-2111 CITY OF AVENTURA PUBLIC NO CE .,,. NOTICE OF EXTENSION OF DURATION OF BUILDING MORATORIUM IN THE HOSPITAL AND MARINA AREAS The City of Aventura proposes to adopt the Ordinance: ' AN ORDINANCE OE THE crrr OE AVE rCRA, FLORIDA; EXTENDING THE DURATION OF. THE EXISTING BUILDING MORATORIUM ON ISSUANCE OF DEVELOPMENT ORDERS AND<' DEVELOPMENT PERMITS WITHIN THE; ~' MARINA AREA AND THE HOSPITAL AREA, AS ;. PREVIOUSLY IMPOSED PURSUANT TO ORDINANCE NO. 97-22 OF THE CITY OF AVENTURA; BY AMENDING SECTION "TERM" OF ORDINANCE NO. 97-22 TO PROVIDE FOR EXTENSION OF SUCH ' MORATORIUM, SO AS TO ENABLE CITY'S i COMPREHENSIVE PLAN TO BE COMPLETED.. AND IMPLEMENTED; PROVIDING FOR...; SEVERABILITY; PROVIDING FOR AN.-. EFFECTIVE DATE. - A Public Hearing for the first reading of the Ordinance will be held on Tuesday, March 3, 1998, at 6 p.m. at tl~fi~ Columbia Aventura Medical Center, located at 21110 Biscayne Boulevard, Suite 101, Aventura, Florida. The proposed Ordinance may be inspected bythe public at tl~fi.,a Office of the City Clerk, 2999 N.E. 191st Street Suite 500, Aventura, Florida. Interested parties may appear at Public Hearing and be heard with respect to the proposed Ordinance. Any person wishing to address the City CounCil, on any item at this Public Hearing is asked to register with the City Clerk prior to that item being heard. In accordance with the Americans with Disabilities of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because that disability should contact the Office of the City Clerk,,, 466-8901, not later than two business days prior to su'~h': proceedings. If a person decides to appeal any decision made by th~ city Council with respect to any matter considered at'~'! meeting or hearing, that person will need a record of the~ proceedings and, for such purpose, may need to ensure th'/tt a verbatim record of the proceedings is made, which rec0~d,,'I includes the testimony and evidence upon which the appe.al ~ is to be based. ~ Dated this 24th day of February, 1998 Teresa M Smith, CM~ City Clerk