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09-01-1998 CC Meeting AgendaCity of Aventura CitF Commission Arthur I. Snyder, Mayor Ken Cohen, Vice Mayor Arthur Berger Jay R. Beskin Harry Holzberg Jeffrey M. Perlow Patricia Rogers-Libert Citg Manager Eric M. Soroka Ci~ Clerk Teresa M. Smith Cit~ Attornev Weiss Serota Heifman Pastoriza & Guedes AGENDA Commission Meeting September 1, 1998 - 6:00 P.M. Aventura Medical Arts Building 21110 Biscayne Boulevard Suite 10 I Aventura, Florida 33180 CALL TO ORDER~ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M. QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon these items, please indicate the item number you would like to address when the announcement regarding the quasi-judicial item is made. You must be swom before addressing the Commission, and if you wish to address the Commission, you may be subject to cross-examinatien. If you refuse to submit to cross-examination, the Commission 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 COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING A SIGN VARIANCE TO PERMIT A SECONDARY WALL SIGN WHICH SIZE EXCEEDS THAT ALLOWED BY CODE; APPROVING A SIGN VARIANCE TO PERMIT A THIRD WALL SIGN WHERE ONLY TWO WALL SIGNS ARE ALLOWED BY CODE FOR ONE TURNBERRY PLACE, LOCATED AT 19495 BISCAYNE BOULEVARD; PROVIDING AN EFFECTIVE DATE. September 1, 1998 Commission Meeting A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING A SIGN VARIANCE FOR ALLEN'S 2 GO GOURMET MARKET, LOCATED AT 19018 NE 29 AVENUE, TO PERMIT ONE ADDITIONAL WALL SIGN WHERE ONLY ONE WALL SIGN IS ALLOWED BY CODE; PROVIDING AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING A NON-USE VARIANCE TO PERMIT A SIDEWALK ON ONLY ONE (1) SIDE OF A STREET FOR PROPERTY LOCATED EAST OF WILLIAMS ISLAND ON THE SOUTHERNMOST ISLAND IN DUMFOUNDLING BAY, TO TWO ISLANDS DEVELOPMENT CORP.; PROVIDING FOR AN EFFECTIVE DATE. APPROVAL OF MINUTES: Commission Meeting Commission Meeting Commission Workshop August 4, 1998 August 24, 1998 August 24, 1998 $. AGENDA: Request for Deletions/Emergency Additions fi. SPECIAL PRESENTATIONS: None 7. CONSENT AGENDA: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL Ali) AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF SUNNY ISLES BEACH FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AlMS OF TitlS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. (Authorizes City Manager to execute Mutual Aid Agreement for police services with the City of Sunny Isles Beach) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA REQUESTING THE MIAMI-DADE COUNTY COMMISSION TO EXPEDITE THE INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF NE 207TM STREET AND NE 30m AVENUE; PROVIDING FOR AN EFFECTIVE DATE. (Requests County to install a traffic signal at intersection of NE 207t~ Street and NE 30th Avenue) September 1, 1998 Commission Meeting A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING ~ CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED AGREEMENT BETWEEN THE CITY OF AVENTURA AND METROPOLITAN DADE COUNTY TO PROVIDE A COMMUNITY DRUG & CRIME PREVENTION PROGRAM; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE~ AIMS OF TWI,q RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. (Authorizes City Manager to execute an agreement with Dade County for a grant to the City to be utilized to implement crime prevention programs and maintain the reverse 911 communication system) Do A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF AVENTURA AND CHAMPION RETAIL LIMITED PARTNERSHIP CONCERNING DRAINAGE AND ROAD IMPROVEMENTS; PROVIDING FOR AN EFFECTIVE DATE. (Authorizes City Manager to execute an agreement with Champion Retail Limited Partnership which will expedite the construction of drainage and roadway improvements along NE 191 St. and NE 29 Ave.) MOTION AUTHORIZING THE APPROPRIATION OF UP TO $63,000 FOR RADIO EQUIPMENT, TWELVE LAPTOP COMPUTERS, AIR CARD MODEMS AND TRAFFIC CONES FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM (Authorizes appropriation of funds from the Police Forfeiture Fund for the purchase of radios, computers and traffic cones for Police Department) Fo MOTION TO APPROVE AVENTURA FOUNDERS CONSTRUCTION MODIFICATIONS AS OUTLINED IN MANAGER'S MEMORANDUM DATED AUGUST 25, 1998 (Approves modifications to Founders Park construction plans) PARK CITY 8. PUBLIC HEARING: ORDINANCES - FIRST READING: None AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA (THE "CITY"), AMENDING THE CITY CODE BY AMENDING CHAPTER 34 "PLANNING AND ZONING", BY AMENDING ARTICLE H "QUASI JUDICIAL MATTERS", BY CREATING SECTION 34-3:} "PUBLIC STATEMENTS BY COMMISSIONERS" TO REQUIRE THE MAYOR AND COMMISSIONERS TO AVOID PUBLICLY EXPRESSING THEIR September 1, 1998 Commission Meeting INTENTION TO VOTE FOR OR AGAINST A QUASI JUDICIAL MATTER PRIOR TO HEARING; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. 9. PUBLIC HEARINGS: ORDINANCES - SECOND READING: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA (THE "CITY"), PROVIDING FOR A BUlLDING MORATORIUM ON ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS WITHIN THE CITY CONCERNING ANY BUILDINGS PROPOSED TO BE CONSTRUCTED TO A HEIGHT IN EXCESS OF A CERTAIN NUMBER OF STORIES DESIGNATED BY THE CITY COMMISSION (THE "SPECIFIC HEIGHT THRESHOLD") AND CONCERNING ANY BUILDINGS WHICH ARE PROPOSED TO BE CONSTRUCTED IN EXCESS OF A HEIGHT WHICH WAS PREVIOUSLY AUTHORIZED BY DEVELOPMENT ORDER OR DEVELOPMENT PERMIT OR IN EXCESS OF A HEIGHT WHICH WAS PERMITTED AS OF RIGHT UNDER EXISTING LAND DEVELOPMENT REGULATIONS, EVEN IF NOT PROPOSED TO BE IN EXCESS OF THE SPECIFIC HEIGHT THRESHOLD; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPLACEMENT OF MORATORIA PROVISIONS OF SECTION 33-319, ET. SEQ. OF THE MIAMI-DADE COUNTY CODE FOR THE SPECIFIC MATTERS ADDRESSED HEREIN; PROVIDING FOR EFFECTIVE DATE. RESOLUTIONS: None OTHER BUSINESS: None 12. REPORTS 1 $. PUBLIC COMMENTS 14. ADJOURNMENT 4 September 1, 1998 Commission Meeting SCHEDULE OF FUTURE MEETINGS/EVENTS: COMMISSION WORKSHOP FIRST BUDGET PUBLIC HEARING SECOND BUDGET PUBLIC HEARING COMMISSION WORKSHOP COMMISSION MEETING SEPTEMBER 8, 1998 4 P.M.* SEPTEMBER 10, 1998 7 P.M. SEPTEMBER 24, 1998 7 P.M. SEPTEMBER 28, 1998 9 A.M.* OCTOBER 6, 1998 6 P.M. *Government Center 2999 NE 191st Street Suite 500 This meeting is qo~ to the public. In accordance with the Americans with D~sainl~t~ Act of 1990, all persons who are d~sabled and who need spemal accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 466-8901, ne~ late than two days prior to such pr oceedlng~ Anyone wishing to appeal any decision made by the Aventura Ctty Conumss~on with respoct to any ma~er considered at such meeting or heanng w need a record of the proceedings and, for such propose, may need to ~nsuxe that a verbatim record of the proc~xlings is made, which record includes the testimony and cvid~ce upon which the appeal is to be bas~l. Agmda items my be viewed at the Office of the City Clerk, City of Aventura Govenunent Center, 2999 NE 191~ S~r~t, Suite 500, Avantura, Florida, 33180. Anyone wishing to obtain a copy of any agaada item should c~tact the City Clerk at 466-8901, CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commissio Ci~~/~er Eric M. Soroka, Brenda Kelley, Inl~rin~nity Development DirectQ~· / August 12, 1998 Request of Washington Mutual for 1) Sign Variance to allow a second Wall Sign larger than that allowed by Code; and 2) Sign Variance to allow a third Wall Sign where only two (2) Wall Signs are allowed. (10-SV-98) September 1, 1998 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission deny the requests for Sign Variances. THE REQUEST The applicant, Washington Mutual, is requesting the following: (See Exhibit #1 for letter of intent) 1. Sign Variance to permit a secondary Wall Sign at 372 square feet where a secondary Wall Sign no greater than 208 square feet is allowed; and 2. Sign Variance to permit a third Wall Sign where only two (2) Wall Signs are allowed by Code. BACKGROUND OWNER OF PROPERTY Aventura Mall Venture LOCATION OF PROPERTY 19495 Biscayne Boulevard (see Exhibit #2 for Location Map) SIZE OF PROPERTY Approximately 97.962 acres LEGAL DESCRIPTION Tract Q, Aventura 6th Addition PB 120- 20 Zoning - Subject property: Property to the North: Property to the South: Property to the East: Property to the West: BU-2, Special Business District BU-2, Special Business District BU-2, Special Business District RU-4A, Hotel Apartment House District; BU-2, Special Business District GU, Interim District Biscayne Boulevard and the FEC Railroad R/W Existing Land Use - Subject property: Property to the North: Property to the South: Property to the East: Property to the West: Aventura Mall Office and Retail uses Office and Retail uses Turnberry Country Club and associated uses Biscayne Boulevard and the FEC Railroad R/W Future Land Use - According to the Adopted 2000 and 2010 Land Use Plan for Metro-Dade County, Florida, the following properties are currently designated as follows: Subject property: Property to the North: Property to the South: Property to the East: Property to the West: Business and Office Business and Office Business and Office Parks and Recreation; Medium High Density Residential Biscayne Boulevard and the FEC Railroad R/W The Site - The subject site, One Turnberry Place, is located at the northeast corner of Biscayne Boulevard and the William Lehman Causeway (see Exhibit # 2 for location map). The Project- The One Turnberry Place building was approved and constructed approximately 10 years ago. The building is 126 feet in height and presently has one (1) approved Wall Sign that reads "Washington Mutual" on the partial southwest elevation. Citizen Comments- The Community Development Department has not received any written or verbal citizen comments. 2 ANALYSIS Community Development Department Analysis - The width of building frontage for the bank is 416 feet. As a corner location, the applicant is allowed one (1) primary Wall Sign at 416 square feet and one (1) secondary Wall Sign at 208 square feet. The applicant recently received approval to install one (1) Wall Sign at 372 square feet and is now requesting a secondary Wall Sign at 372 square feet and an additional (third) Wall Sign at 372 square feet. The applicant believes that due to the height of the building, a secondary sign at the allowed 208 square feet would not be visible. The applicant has requested that the second and third signs also be the same size and configuration as the primary sign. Criteria The criteda for approval of Sign Variances as required by the City of Aventura Sign Ordinance (No. 97-17) require: The Sign Variance maintains the basic intent and purpose of the regulations, particularly as it affects the stability and appearance of the City and provided that the variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. No showing of unnecessary hardship is required. The requested variances to permit a secondary Wall Sign larger than that allowed by Code, in addition to a third Wall Sign, do not preserve or enhance the unique aesthetic character of the City. Staff believes that such an approval, resulting in three (3) signs total for the business, would be in conflict with the basic intent and purpose of the Ordinance. RECOMMENDATION It is recommended that the City Commission Variances. deny the requests for Sign CONDITIONS In the event that the City Commission wishes to approve the request for the Sign Variances, the following conditions shall apply: 1. Plans shall substantially comply with those submitted as follows: · "Washington Mutual", Drawing #98-261-A, Sheet 1 of 3, prepared by Acolite Claude United Sign Co., Inc., dated 06-16-98. 3 · "Washington Mutual", Drawing #98-261-A, Sheet 2 of 3, prepared by Acolite Claude United Sign Co., Inc., dated 06-16-98. · "Washington Mutual", Drawing #98-261-B, Sheet 1 of 3, prepared by Acolite Claude United Sign Co., Inc., dated 06-16-98. · "Washington Mutual", Drawing #98-261-B, Sheet 2 of 3, prepared by Acolite Claude United Sign Co., Inc., dated 06-16-98. · "Washington Mutual", Drawing #98-261-B, Sheet 3 of 3, prepared by Acolite Claude United Sign Co., Inc., dated 06-16-98. Applicant shall obtain building permits within 30 days of the date of this Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. PROJECT SPECIFIC CONDITIONS 1. A Wall Sign with copy to read "Washington Mutual" with lettering not to exceed 372 square feet be allowed on the east and northeast elevations. 2. No additional exterior signs be allowed on any wall of the One Turnberry Place building. 4 Washington Mutual (561)357-6028 July 10, 1998 The City of Aventura Community Development Deparmaem 2999 N.E. 191 Street, Suite 500 Aventura, FL 33180 Re- Request for Variance Washington Mutual Bank 19495 Biscayne Blvd. Aventura, Florida To Whom It May Concern: The purpose of this letter is to request a variance that will permit the bank to have the secondary signs the same size and configuration as the primary sign. This would then make the appearance of the building esthetically pleasing. The building presently has signage on three (3) elevations identifying the bank. We wish to change the copy of these three (3) signs to "Washington Mutual". In keeping with the current sign ordinance the allowable footage for the primary sign is 416 square feet. Due to the nature of our national logo and letter style once the signs are rectangled including all of the logo and ascending and descending letters we would cover only 372 square feet. The actual size of the largest letter is only 4 feet. If we were allowed to square the logo and rectangle the copy area and then square the descender, our current sign would be 252 square feet, leaving an excess of 164 square feet. We request using the excess allowable footage for the secondary signs 'of 44 square feet each leaving an unused area of 76 square feet. EXHIBIT Corporate Property Services 2601 lOthAve. N. Suite 212 Lake Worth, FL 33461 City of Aventura July 10, 1998 -Page 2- If we install the secondary sign to the present code of 50% of the allowable footage, which would be 208 square feet, considering the height of this building, the signage would be nothing more than a blurr. The nationally recommended visibility for legibility would be a letter of 6 feet at 620 feet. Our largest is only 4 feet at 420 feet with the building being approximately 10 stories high; at 140 feet from grade these signs would not be visible 1,000 feet from the building. Your consideration of our request is greatly appreciated as this location is being maintained by Washington Mutual as a landmark location. If you have any questions, please do not hesitate to contact me at (561) 357-6028. Sincerely, Diane Geary, CFM Portfolio Administrator Corporate Property Services Washington Mutual Ba~, FA DG/cg SUBJECT PRC I Gulfstream ~,l DB. WAY GIRC-~E CLUB DR. 201 TER. AVENTURA 192 ST. 191 ST, City of Aventura Government Center 188 ST. 331'80 331 Ournfoundting Bay Williams Sound LEGEND Roadways City Boundary RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING A SIGN VARIANCE TO PERMIT A SECONDARY WALL SIGN WHICH SIZE EXCEEDS THAT ALLOWED BY CODE; APPROVING A SIGN VARIANCE TO PERMIT A THIRD WALL SIGN WHERE ONLY TWO WALL SIGNS ARE ALLOWED BY CODE FOR ONE TURNBERRY PLACE, LOCATED AT '19495 BISCAYNE BOULEVARD; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned BU-2, Special Business District; and WHEREAS, the Applicant, Washington Mutual, through Application No. 10-SV- 98, has requested a sign variance to (1) allow a secondary wall sign at 372 square feet where a secondary wall sign no greater than 208 square feet is allowed; and (2) allow a third wall sign at 372 square feet where only two wall signs are allowed on that certain property located at 19495 Biscayne Boulevard, a.k.a. One Turnberry Place, in Aventura, Florida; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Resolution No. Page 2 Section 1. Application No. 10-SV-98 for Sign Variance to allow a secondary wall sign at 372 square feet where a secondary wall sign no greater than 208 square feet is allowed on property legally described as: Tract Q, Aventura 6th Addition as recorded in Plat Book 120, Page 20 of the Public Records of Dade County Aka One Turnberry Place 19495 Biscayne Boulevard is hereby granted exclusively to Washington Mutual, subject to the following conditions: 1. Plans shall substantially comply with those submitted as follows · "Washington Mutual", Drawing #98-261-A, Sheet 1 of 3, prepared by Acolite Claude Untied Sign Co., dated 06-16-98; · "Washington Mutual", Drawing #98-261-A, Sheet 2 of 3, prepared by Acolite Claude Untied Sign Co., dated 06-16-98; · "Washington Mutual", Drawing #98-261-B, Sheet 1 of 3, prepared by Acolite Claude Untied Sign Co., dated 06-16-98; · ~Washington Mutual", Drawing #98-261-B, Sheet 2 of 3, prepared by Acolite Claude Untied Sign Co., dated 06-16-98; . "Washington Mutual", Drawing #98-261-B, Sheet 3 of 3, prepared by Acolite Claude Untied Sign Co., dated 06-16-98; Resolution No. Page 3 2. Applicant shall obtain building permits within 30 days of the date of this Resolution or the approval granted shall be deemed null and void unless the term is extended by a motion of the City Commission. Project Specific Conditions 1. A Wall Sign with copy to read "Washington Mutual" with lettering not to exceed 372 square feet be allowed on the east and northeast elevations. 2. No additional exterior signs be allowed on any wall of the One Turnberry Place building. Section 2. A third wall sign at 372 square feet where only two wall signs are allowed is hereby granted subject to the preceding conditions. Section 3. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section4. This Resolution shall become effective adoption. The foregoing Resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Harry Holzberg Commissioner Jeffrey M Perlow Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Arthur I. Snyder immediately upon its , who ., and Resolution No. Page 4 PASSED AND ADOPTED this 1~t day of September, 1998. ATTEST: Arthur I. Snyder, Mayor Teresa M. Smith, CMC, City Clerk APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of ,1998. CITY CLERK CITY OF AVENTURA TO: FROM: BY: DATE: SUBJECT: COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM City Commission ~u Eric M. Soroka, City r Brenda Kelley, Int nity Development Director~. August 12, 1998 Request of Allen's 2 Go Gourmet Market for a Sign Variance to allow a second Wall Sign where one (1) Wall Sign is allowed. (09-SV-98) September 1, 1998 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission deny the request for a Sign Variance. THE REQUEST The applicant, Allen's 2 Go Gourmet Market, is requesting a Sign Variance to permit one (1) additional Wall Sign on the west elevation of Alien's 2 Go Gourmet Market where one (1) Wall Sign already exists on the south elevation of the tenant space. The applicant is allowed one (1) Wall Sign by Code. (see Exhibit #1 for letter of intent). BACKGROUND OWNER OF PROPERTY NAME OF APPLICANT ADDRESS OF PROPERTY SIZE OF PROPERTY LEGAL DESCRIPTION Henri Knockier Allen's 2 Go Gourmet Market 19018 NE 29th Avenue 5.41 acres See attached Exhibit #2 Zoning - Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: BU-2, Special Business District BU-2, Special Business District BU-2, Special Business District RU-4M, Modified Apartment House District and IU-1, Industrial Light Manufacturing District and BU-2, Special Business District IU-1, Industrial Light Manufacturing District and Existing Land Use- Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: retail strip center, restaurants and offices business and office uses Loehman's Fashion Island residential and industrial uses business and industrial uses Future Land Use - According to the Adopted 2000 and 2010 Land Use Plan for Miami Dade County, Florida, the following properties are currently designated as follows: Subject property: Property to the North: Property to the East: Property to the West: Property to the South: Business and Office Business and Office Industrial Business and Office Business and Office The Site- The subject site, the Concorde Plaza Shopping Center, is located at 19018 N.E. 29 Avenue, just north of the Loehman's Fashion Island Shopping Center (See attached Exhibit #3). The Project- The Allen's 2 Go Gourmet Market is located in the southeast corner of the Concorde Plaza Shopping Center (See attached Exhibit #4). The applicant is requesting one (1) Wall Sign for the west elevation of the Allen's 2 Go Gourmet Market, in addition to the existing Wall Sign on the south elevation, where both elevations front a parking lot. ANALYSIS Consistency with Comprehensive Master Plan - The request is not inconsistent with the Dade County Comprehensive Development Master Plan. Citizen Comments - The Community Development Department has not received any written citizen comments. 2 Community Development Department Analysis - The Sign Ordinance allows the applicant one (1) Wall Sign not to exceed 68 square feet. The applicant has received a permit for and installed one (1) Wall Sign. The existing Wall Sign is located on the south elevation and, at 24.75 square feet, is within the maximum sign area permitted by the Sign Ordinance. The applicant is requesting one (1) additional Wall Sign on the west elevation. The applicant asserts that a Wall Sign located on the west elevation in addition to the existing Wall Sign on the south elevation will provide better direction to customers coming from Biscayne Boulevard and entering the shopping center. Staff is concerned that the requested west elevation Wall Sign has already been installed. The applicant has not received permit approval by the City for the west elevation Wall Sign. Code Enforcement issued a violation for the installation of a sign without a permit on February 19, 1998. Allen's 2 Go Gourmet Market was scheduled for Special Master on June 18, 1998, at which time the item was deferred, at the request of the applicant. At the Special Master meeting of August 5, 1998, the applicant once again requested that this item be deferred. Staff agreed that it be deferred only until the Special Master meeting of September 17, 1998, at which time a decision on this application would be rendered. Criteria The criteria for approval of sign variances as required by the City of Aventura Sign Ordinance (No. 97-17) require: The sign variance maintains the basic intent and purpose of the regulations, particularly as it affects the stability and appearance of the City and provided that the Variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. No showing of unnecessary hardship is required. The requested sign variance for one (1) additional Wall Sign does not preserve or enhance the unique aesthetic character of the City. Staff believes that such an approval, resulting in two (2) signs total for the business, would be in conflict with the basic intent and purpose of the Ordinance. 3 RECOMMENDATION It is recommended that the City Commission deny the request for one (1) additional Wall Sign on the premise that it does not meet the criteria for granting of variances found in the City's Sign Ordinance. CONDITIONS In the event that the City Commission wishes to approve the request for the sign variance, the following conditions shall apply: 1. Plans shall substantially comply with those submitted as follows: · "Allen's 2 Go", Sheet A-l, prepared by Capitol Signs, dated 1-17-98. 2. Applicant shall obtain building permits for the west elevation within 30 days of the date of this Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. PROJECT SPECIFIC CONDITIONS 1. A Wall Sign with copy to read "Allen's 2 Go" with lettering not to exceed 24.75 square feet be allowed on the west and south elevations. 2. No additional exterior signs be allowed on any wall of Allen's 2 Go. 4 June 16, 1998 I onald L Book, [~ O[tlC~l PRO[[SJIO~lflL flISOCl~TlOII Ms. Brenda Kelley Planner Community Development Department City of Aventura 2999 N.E. 191 Street, Suite 500 Aventura, Florida 33180 Re: Sign Variance/Allen's 2 Go Gourmet Market Dear Ms. Kelley: The applicant is seeking a variance for a secondary sign for Allen's 2 Go Gourmet Market located at 19018 Northeast 29th Avenue, Aventura, Florida. This sign is needed in order to better serve the customers of the market. Allen's 2 Go Gourmet Market is located in an area that is difficult to find. Everyday they receive numerous phone calls for directions to the market because the address is not easy to locate. Customers still have difficulty finding the market once they enter the Loehmann's Plaza Shopping Center. This secondary sign will create a visibility on the west exposure parking lot for customers coming from Biscayne Boulevard and entering the shopping center. This sign is attractive and will compliment the existing building. We hope you will give this request serious consideration and will approve it based on the merits and the~fl~. Sin? 7 / Ronald L. Book lm/jm Enc. Concotde(em/z-z999flo~thea~t~9~$treet, Ptt6 flventm, FIoridal318o Tele~hone(3os)935 ~066hx(3o5)935-9131 r-Arll DI/~./ Tracts "A". "~". and "£', Reglr'a Square Subdivision, according to the Plat thereof recorded in Plat ~[~ 1[3. Page 27 of the Public Records et Dada County, Florida, less that r, ortfon of Tract "A" shown as ~afver of Plat D-14317, being more parttcalarly ~escrib.e~ as follows: A portion et Tract A, R£GINA 5QUAR£ $U~I¥ISIO~, according to the plat thereof ~ecorded in Pla,[ Book 115~ at Page 27 o~ the Public Records of ~ade County, Flc~rida being core particularly described as fo~lo~s: Begin at the Northeast corner of said Tract A; thence tance et 223.65 feet to a po:tnt; thence run S 0'4S'5S" £ for a dis- tance of ~48.36 feet to a p~,lnt on [he South line of said Tract A; thence run E gg°S6'45' ~, alc.n~[ the Sout~ [tne of said Tract A, for a distance of ~.S0 Eeet to ~ ],cint; thence run ~ 0'45'~8" F, a~ong the ~est line of said Tract .~, for a distance of 155.51 feet to a point; thence ru~ ~ 8~'4g'44" 1~', along e South l~ne o~ said Tract A, for a d~stance o£ 75.14 £ee': to a point; thence, run W, along a ~est ~lne of said Tract Ao for a distance o~ $0.00 feet to a point; theece run ~ ag'4g'4~" ~, along a South line of said Tract A, for a distance of ?S.(10 £eet to a point; thence run O'45'~8' ~, along a West lithe of said Tract A, for a distance 16S.O0 feet to the Point of 2. eginning; containing 1.Z4 Acres~ more or less. AND A portion of Tract A, R~GINA 5~'JAR~ SU3DIVIS10~, accordin~ to the plat thereof recorded in ~[at ~[look ]25, at Page 27 o~ the Public Records of ~ade County, Flor:ld.~. beihg ~ore particularly described as ~ollv~s: Begin at the Soughs:asr corner of said Tract A; thence run ~ ~9'56'4~' ~, along the Sm:h line o~ said Tract A, for a d~s- lance o~ $61.6~ feet to a poinl: the~'c run N 0'05'1$' £ for a dfc- tahoe eft 1~9.$0 feet to a poir~[.; thence run N 89'S6'4S" ~ for distance of 285.~9 feet to a g. oint; thence run N 0'45'58" W for a distance et 1~8.74 feet to a i=.e. int on the North l~ne o£ said Tract A; t~ence run S 8g'4g~44' E° ~t~ong the North line of said Tract A, for a distance o£ ~19.04 feet ~;o the point et curvature o~ a circu- lar curve to the ~i~ht ha¥{~l' a radius of 2S.00 feet; thence run Southeasterly, alon~ the Northt.a't% line et said Tract A and along the arc o£ sai& curve~ For a dis'tahoe of ~8.~2 feet, through a cen- tral angle of Ig'll~4' to the point of tangency; thence run S 0'SE'10" ~, a%ong the £ast lin,~ of said Tract A, for a distance et 322.28 feet to the Point of ~egit~ninQ; containing 4.16 AcreS, ~orc or les~. EXHIBIT #2 BROWARD COl..l~ ~$~ Gulfstream Park fH'~ -JCOVE ~ 201 TER. M~ll Ci~ of Aventura 192 ST, Y 188 ST. 33180 331 Dun~undting EXHIBIT #3 LEGEND ....~ ZIP ( City Boundary ILl _J 0 LLI Z SITE PLAN 'SCALE' I" - 40' EXISTING DR. NE 19{ ST. Parking EXHIBIT #4 RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING A SIGN VARIANCE FOR ALLEN'S 2 GO GOURMET MARKET, LOCATED AT 19018 NE 29 AVENUE, TO PERMIT ONE ADDITIONAL WALL SIGN WHERE ONLY ONE WALL SIGN IS ALLOWED BY CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned BU-2, Special Business District; and WHEREAS, the Applicant, Allen's 2 Go Gourmet Market, through Application No. 09-SV-98, has requested a sign variance to permit one (1) additional wall sign where one (1) wall sign is allowed by sign regulations on that certain property located at 19018 NE 29 Avenue, a.k.a. Allen's 2 Go Gourmet Market, in Aventura, Florida; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 09-SV-98 for Sign Variance to allow one (1) additional wall sign not to exceed 24.75 square foot, where only one (1) wall sign is allowad by sign regulations, on property legally described as: See attached Exhibit #2 aka Allen's 2 Go Gourmet Market, 19018 NE 29 Avenue Resolution No. Page 2 is hereby granted exclusively to Allen's 2 Go Gourmet Market, subject to the following conditions: 1. Plans shall substantially comply with those submitted as follows · "Allen's 2 Go", Sheet A-l, prepared by Capitol Signs, dated 1-17-98. 2. Applicant shall obtain building permits for the west elevation sign within 30 days of the date of this Resolution or the approval granted shall be deemed null and void and the applicant shall be required to reinstate the public hearing approval process unless the term is extended by a motion of the City Commission. .Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Arthur I. Snyder , and Resolution No. Page 3 PASSED AND ADOPTED this 1't day of September, 1998. ATTEST: Arthur I. Snyder, Mayor Teresa M. Smith, CMC, City Clerk APPROVED AS TO LEGAL SUFFICIENCY: CtTY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of ,1998. CITY CLERK CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission Eric U. Soroka, C/ 4v n Brenda Kelley, IAterim C~mn August 12, 1998 ? inity Development Direct~,~ Request of Two Islands Development Corp. for a non-use variance to waive the requirement for a sidewalk on both sides of a street. (Provision of sidewalk on one side of a street is proposed.) (0S-VAR-98) September l, 1998 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the request for the non-use variance be granted with conditions as outlined herein. THE REQUEST The applicant, Two Islands Development Corp., is requesting a non-use variance to waive the requirement for a sidewalk on both sides of a street. The applicant proposes to construct a sidewalk on only one (1) side of a street within the development known as "Island Estates". (See Exhibit #1 for Letter of Intent.) BACKGROUND OWNER OF PROPERTY: Two Islands Development Corp. LOCATION OF PROPERTY: east of Williams Island on the southernmost island in Dumfoundling Bay (See Exhibit #2 for Location Map) LEGAL DESCRIPTION: Tract "A", "Two Islands in Dumfoundling Bay", according to the Plat thereof, as recorded in Plat Book 141, at Page 66, of the Public Records of Dade County, Florida. SIZE OF PROPERTY: approximately 14.07 acres EXISTING ZONING: RU-4, High Density Apartment House District FUTURE LAND USE DESIGNATION: Medium-High Density Residential - up to 60 dwelling units per acre EXlSITNG USE: vacant Surrounding Properties- The subject property is surrounded on all sides by Dumfoundling Bay. The closest neighboring property, Williams Island, is to the west and is designated RU-4A, Hotel Apartment House District. The Site- The subject property is located just east of Williams Island on the southernmost island in Dumfoundling Bay (see Exhibit 2 for Location Map). The Project - The applicant proposes to construct twenty-two (22) zero lot line single family homes. The homes will front on a single street traversing the island. The proposed density of the project is 3.61 units per acre with an average lot size of 12,328 sq. ft. A private marina is located at the northern end of the island and will be maintained as an ancillary use to the development. The City approved the Tentative Plat for the project on June 29, 1998. Background - The owner of the Two Islands received vested development rights with the Declaration of Restrictions accepted by Miami-Dade County Zoning Resolution No. Z-47-80. The Declaration of Restrictions allows the applicant to assume a density of up to 17 units per gross acre, or 239 units on the south island alone. The Declaration of Restrictions also permits the applicant to build up to a maximum height of 290 feet. ANALYSIS Consistency with Comprehensive Master Plan - The request is not inconsistent with the Miami-Dade County Comprehensive Development Master Plan. Citizen Comments - The Community Development Department has not received any written comments regarding this application. 2 Review by Other Agencies: DERM - DERM has reviewed the subject application and has determined that it meets the minimum requirements of Chapter 24 of the Code of Miami-Dade County, Florida. Additionally, DERM has evaluated the request insofar as the general environmental impact that may derive from it and after reviewing the available information offers no objection to its approval. Review by City Departments: Landscape Architect - The City's Landscape Architect has approved the landscape plan for the common areas of the development. The applicant is required to submit to the Landscape Architect for his review and approval a landscape plan for each individual lot at the time building permits are requested. Review by City Departments - All comments by other departments have been addressed by the applicant. Community Development Department Analysis - The Community Development Department is supportive of this project. Criteria The guidelines for approval of non-use variances as required by Miami-Dade County Code Section 33-311(e)(2) requires: The non-use variance maintains the basic intent and purpose of the zoning, subdivision and other land use regulations, which is to protect the general welfare of the public, particularly as it affects the stability and appearance of the community and provided that the non-use variance will be otherwise compatible with the surrounding land uses and would not be detrimental to the community. The request to waive the sidewalk on the south side of the street would not compromise the general welfare of the community. A sidewalk is to be provided along the north side of the street and provide a continuous link between both ends of the island. The project does not lend itself to heavy pedestrian activity, as single family homes are proposed for both of the islands. One sidewalk should be adequate for the residents of the community. The non-use variance request will not adversely affect the appearance of the community. Landscape material will be provided along the south side of the street in place of the sidewalk. 2. No showing of unnecessary hardship to the land is required. 3 CONDITIONS It is recommended that the request for the non-use variance be granted subject to the following conditions: STANDARD CONDITIONS 1. Plans shall substantially comply with those submitted as follows: · "Island Estates" Site Plan, Sheet No. S-1, prepared by Ford, Armenteros & Manucy, Inc., revised dated 07-29-98. 2. Applicant shall obtain building permits within 12 months of the date of this Resolution or the approvals granted shall be deemed null and void and the applicant shall be required to reinstate the approval process unless the term is extended by a motion of the City Commission prior to its expiration. 4 Letter of Intent I hereby request a variance from the requirement of sidewalks on both sides of the street to a sidewalk on one side of the street only. The total development of Phase I will be 22 single family homes and 16 on the homes front only street and water. In addition, traffic speed will be naturally slower due to the street configuration. Respect Two Ish flly Su,bmitted hen, President' rids Development Corp. BROWARD C0~¥ DA. DE CO~ Gulfstream Park YACHT CLUB DR. SE HARBOR CIRCLE CLUB DR. 201 TER, AVENTURA 192 ST. of Aventura 188 SUBJECT PROPERTY LEGEND Roadways City Boundary ZIP ( RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING A NON-USE VARIANCE TO PERMIT A SIDEWALK ON ONLY ONE (1) SIDE OF A STREET FOR PROPERTY LOCATED EAST OF WILLIAMS ISLAND ON THE SOUTHERNMOST ISLAND IN DUMFOUNDLING BAY, TO TWO ISLANDS DEVELOPMENT CORP.; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned RU-4, High Density Apartment House District; WHEREAS, the Applicant, Two Islands Development Corp., through Application No. 08-VAR-98, is requesting a non-use vadance to waive the requirement for a sidewalk on both sides of a street to provide a sidewalk on only one side of a street on that certain property described as Tract "A", Two Islands in Dumfoundling Bay', according to the Plat thereof, as recorded in Plat Book 141, at Page 66, of the Public Records of Dade County, Flodda; and WHEREAS, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the cdteria of the applicable codes and ordinances, to the extent the application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section t. Application Number 08-VAR-98 for a non-use variance on property legally described as: Resolution No. 98- Page 2 Tract "A', ~Two Islands in Dumfoundling Bay", according to the Plat thereof, as recorded in Plat Book 141, Page 66, of the Public Records of Dade County, Florida a.k.a. "Island Estates" is hereby granted subject to the following conditions: STANDARD CONDITONS 1. Plans shall substantially comply with those submitted as follows: · "Island Estates" Site Plan, Sheet No. S-1, prepared by Ford, Armenteros & Manucy, Inc., revised dated 07-29-98. 2. Applicant shall obtain building permits within 12 months of the date of this Resolution or the approvals granted shall be deemed null and void and the applicant shall be required to reinstate the approval process unless the term is extended by a motion of the City Commission. Section 2. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to vote, the vote was as follows: Resolution No. 98- Page 3 Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Arthur I. Snyder PASSED AND ADOPTED this 1st day of September, 1998. Arthur I. Snyder, Mayor ATTEST: Teresa M. Smith, CMC, City Clerk APPROVED AS TO LEGAL SUFFICIENCY: City Attorney This Resolution was filed in the Office of the City Clerk this __ 1998. day of September, CITY CLERK MINUTES CITY COMMISSION MEETING TUESDAY, AUGUST 4, 1998 6:00 P.M. 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 Commissioners Jay R. Beskin, Harry Holzberg, Jeffrey M. Perlow, Vice Mayor Ken Cohen, Mayor Snyder, City Manager Eric M Soroka, City Clerk Teresa M. Smith, and City Attorney Richard Jay Weiss. Commissioner Arthur Berger was absent. Mayor Snyder requested that Commissioner Berger's absence be excused. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Lester Goldstein led the pledge of allegiance. 3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M. Ex-parte communications by Commissioners, if any, were disclosed and filed with the City Clerk in accordance with Ordinance 96-09. All witnesses giving testimony in this hearing were sworn in by the City Clerk. A. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING APPROVAL OF PROPERTY CURE FOR EMINENT DOMAIN PROCEEDINGS FOR PROPERTY LOCATED AT 19495 BISCAYNE BOULEVARD; GRANTING A NON-USE VARIANCE OF SETBACK REQUIREMENTS TO WAIVE 0.93 FEET OF THE REQUIRED 42.08 FOOT WEST BUILDING SETBACK WHERE A 41.15 FOOT SETBACK IS PROPOSED AND 0.05 FEET OF THE REQUIRED 26 FOOT WEST GARAGE SETBACK WHERE A 25.95 FOOT SETBACK IS PROPOSED; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert and seconded by Vice Mayor Cohen. Ms. Kelley explained the request of the applicant. Mayor Snyder opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously and Resolution No. 98-64 was adopted. H. APPLICANT: DREW WOLF: (Taken out of order) Lester Goldstein, Esq., representing the applicant, requested a deferral. A motion to defer this matter until the first meeting in October was offered by Commissioner Rogers-Libert, seconded by Commissioner Holzberg and unanimously passed. B. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING MODIFICATION OF PREVIOUSLY APPROVED RESOLUTION NO. 97-82, GRANTING A SIGN VARIANCE FOR AVENTURA SELF STORAGE LOCATED AT 2940 NE 188 STREET, TO PERMIT ONE (t) WALL SIGN NOT TO EXCEED 115 SQUARE FEET IN SIZE WHERE NO WALL SIGNS ARE PERMITTED; PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Cohen and seconded by Commissioner Holzberg. Mayor Snyder opened the public hearing. The following individual addressed the Commission: Robert Lansburgh, representing the applicant. There being no further speakers, the public hearing was closed. A motion to amend the resolution to delete #3 under Specific Conditions was offered by Commissioner Beskin and seconded by Commissioner Rogers-Libert. The amendment failed 2-4, with Commissioners Beskin and Rogers-Libert voting yes and Mayor Snyder, Vice Mayor Cohen, Commissioners Holzberg and Perlow voting no. The motion for approval of the resolution passed unanimously and Resolution No. 98-85 was adopted. C. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA; GRANTING A NON-USE VARIANCE TO PERMIT THE ERECTION OF A PRIVACY WALL AND GATE AT A SINGLE-FAMILY HOME LOCATED AT 19951 NE 39 PLACE WHICH HEIGHT EXCEEDS THAT ALLOWED BY CODE; PROVIDING FOR AN EFFECTIVE DATE. 2 Mayor Snyder opened the public hearing. The following individuals addressed the Commission: Mr. Goldstein; Mark Gordon, applicant; George Berlin, Turnberry Associates; Larry Levy and Mark Rudak, neighbors of applicant. There being no further speakers, the public hearing was closed. A motion for deferral to the first meeting in October was offered by Vice Mayor Cohen, seconded by Commissioner Beskin and unanimously passed. D. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, GRANTING UNUSUAL USE APPROVAL TO PERMIT OUTDOOR PATIO AND TABLE SERVICE IN CONNECTION WITH RESTAURANTS, TO AVENTURA MALL VENTURE, LOCATED AT 19501 BISCAYNE BOULEVARD; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert and seconded by Commissioner Beskin. Ms. Kelley explained the request and recommendation of Staff. Mayor Snyder opened the public hearing. The following individuals addressed the Commission: Jackie Softer, 3735 NE 207 Street; Phil Ward, 2525 SW 3rd Avenue; Mr. Berlin and Ken Burnstein, Turnberry Associates. There being no further speakers, the public hearing was closed. An amendment was offered by Commissioner Pedow and seconded by Commissioner Holzberg to approve the request as to the second floor restaurants, Rainforest Caf6 and Tu Tu Tango and deny the request as to the first floor. The amendment passed unanimously. The resolution, as amended, passed unanimously and Resolution No. 98-66 was adopted. E. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA REPEALING AND SUPERCEDING THE PREVIOUSLY APPROVED RESOLUTION NO. 98-45; GRANTING A SIGN VARIANCE FOR: 1) MISCELLANEOUS TEMPORARY FLAGS/BANNERS; 2) ONE TEMPORARY, OFF-PREMISE SIGN; 3) ONE TEMPORARY, DEVELOPER IDENTIFICATION (CONSTRUCTION) SIGN; AND 4) MISCELLANEOUS TEMPORARY IDENTIFICATION AND/OR DIRECTIONAL SIGNS AS SHOWN ON THE SITE PLAN FOR PROPERTY LOCATED AT NE 190 STREET AND DUMFOUNDLING BAY, ALSO KNOWN AS HIDDEN BAY; PROVIDING FOR AN EFFECTIVE DATE. Deferred to end of zoning hearing agenda. 3 F. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA; GRANTING A SIGN VARIANCE TO PERMIT A BUILDING IDENTIFICATION SIGN AT EACH OF THE FIVE (5) HIGH- RISE BUILDINGS WITHIN THE DEVELOPMENT KNOWN AS "THE POINT AT THE WATERWAYS"; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Perlow and seconded by Commissioner Beskin. Ms. Kelley explained the request and recommendation of Staff. Mayor Snyder opened the public hearing. The following individuals addressed the Commission: Jerry Proctor, Esq., 200 S. Biscayne Blvd., and Bud Hall, both representing the applicant. There being no further speakers, the public hearing was closed. The motion for approval of the resolution, subject to approval of the homeowners associations, passed unanimously and Resolution No. 98-67 was adopted. G. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING A SIGN VARIANCE TO PERMIT: 1) TEMPORARY OFF-PREMISE DEVELOPMENT IDENTIFICATION SIGNS; 2) TEMPORARY SALES CENTER SIGN; 3) TEMPORARY OFF- PREMISE BOLLARD SIGN; AND 4) OFF-PREMISE DIRECTIONAL SIGNS FOR COSCAN FLORIDA, INC., KNOWN AS "THE POINT AT THE WATERWAYS"; PROVIDING FOR AN EFFECTIVE DATE. Ms. Kelley explained the request and recommendation of Staff. Mayor Snyder opened the public hearing. The following individuals addressed the Commission: Mr. Proctor; Mr. Hall. There being no further speakers, the public hearing was closed. A motion for approval was offered by Commissioner Perlow and seconded by Commissioner Beskin. An amendment to deny applicant's request to permit the additional lettering to remain on the signs on Biscayne Boulevard was offered by Commissioner Rogers-Libert, seconded by Commissioner Beskin and passed 5-1, with Mayor Snyder voting no. An amendment was offered by Commissioner Beskin and seconded by Commissioner Rogers-Libert to deny applicant's request to permit the additional lettering to remain on the sign on 207th Street and 34th Avenue. The amendment failed, 0-6. An amendment was offered by Commissioner Perlow, seconded by Commissioner Rogers-Libert and unanimously passed to: provide that the additional lettering remain on the sign at 207th Street and 34th Avenue until such time as the City installs directional signs to the Point project, or until December 31, 1998, whichever occurs first; provide for removal of the bollard sign at 207th Street 4 and 34th Avenue; approve request for temporary sales center sign, to be removed no later than December 31, 2000; approve directional signs to remain until December 31, 1998 or until the dedication of the road to the City, whichever occurs first; and removal of logo on sign at Biscayne Boulevard and 207th Street. The motion for approval of the resolution, as amended, passed unanimously and Resolution No. 98-68 was adopted. E. A motion to reconsider this matter was offered by Vice Mayor Cohen, seconded by Commissioner Holzberg and unanimously passed. Ms. Kelley explained the request of the applicant. Mayor Snyder opened the public hearing. The following individual addressed the Commission: Clifford Schulman, Esq., representing the applicant. There being no further speakers, the public hearing was closed. A motion for approval was offered by Commissioner Holzberg and seconded by Vice Mayor Cohen. The motion for approval passed unanimously and Resolution No. 98-69 was adopted. 4. APPROVAL OF MINUTES: A motion to approve the minutes of the July 7, 1998 Commission Meeting, the July 20, 1998 Commission Workshop Meeting, the July 20, 1998 Budget Review Meeting and the July 20, 1998 Commission Meeting was offered by Commissioner Rogers-Libert, seconded by Commissioner Perlow and unanimously approved. 5. SPECIAL PRESENTATIONS: None 6. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None 7. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by Vice Mayor Cohen, seconded by Commissioner Rogers-Libert, unanimously passed and the following action was taken: A. Resolution No. 98-70 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE TOWN OF GOLDEN BEACH FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. B. Resolution No. 98-71 was adopted as follows: 5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER, ON BEHALF OF THE CITY, TO ENTER INTO THE ATTACHED DEDICATION AND EASEMENT AGREEMENT RELATIVE TO THE MALL ACCESS ROAD AND TRAFFIC SIGNALIZATION BY AND BETWEEN THE CITY AND AVENTURA MALL VENTURE; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 98-72 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, RETAINING THE FIRM OF RACHLIN COHEN & HOLTZ TO PERFORM INDEPENDENT AUDITING SERVICES FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1998; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED ENGAGEMENT LETTER; AND PROVIDING AN EFFECTIVE DATE. Resolution No. 98-73 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA URGING THE UNITED STATES CONGRESS TO FUND ROUND II OF THE FEDERAL EMPOWERMENT ZONE AND ENTERPRISE COMMUNITIES PROGRAM; AND PROVIDING AN EFFECTIVE DATE. The following motion was approved: MOTION AUTHORIZING THE APPROPRIATION OF UP TO $52,000 TO REIMBURSE THE GENERAL FUND FOR COSTS ASSOCIATED WITH THE STREET CRIMES UNIT AND FEDERAL TASK FORCE FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. PUBLIC HEARING: ORDINANCES - FIRST READING: Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA (THE "CITY"), PROVIDING FOR A BUILDING MORATORIUM ON ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS WITHIN THE CITY CONCERNING ANY BUILDINGS PROPOSED TO BE CONSTRUCTED TO A HEIGHT IN EXCESS OF A CERTAIN NUMBER 6 10. 11. 12. 13. OF STORIES DESIGNATED BY THE CITY COMMISSION (THE "SPECIFIC HEIGHT THRESHOLD") AND CONCERNING ANY BUILDINGS WHICH ARE PROPOSED TO BE CONSTRUCTED IN EXCESS OF A HEIGHT WHICH WAS PREVIOUSLY AUTHORIZED BY DEVELOPMENT ORDER OR DEVELOPMENT PERMIT OR IN EXCESS OF A HEIGHT WHICH WAS PERMITTED AS OF RIGHT UNDER EXISTING LAND DEVELOPMENT REGULATIONS, EVEN IF NOT PROPOSED TO BE IN EXCESS OF THE SPECIFIC HEIGHT THRESHOLD; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPLACEMENT OF MORATORIA PROVISIONS OF SECTION 33-319, ET. SEQ. OF THE MIAMI-DADE COUNTY CODE FOR THE SPECIFIC MATTERS ADDRESSED HEREIN; PROVIDING FOR EFFECTIVE DATE. A motion for approval was offered by Commissioner Beskin and seconded by Commissioner Rogers-Libert. Mayor Snyder opened the public hearing. The following individuals addressed the Commission: Mr. Schulman. There being no further speakers, the public hearing was closed. An amendment was offered by Commissioner Rogers-Libert, seconded by Vice Mayor Cohen and unanimously passed to delete the definition of "story" at the end of Section 1. An amendment was offered by Commissioner Beskin and seconded by Vice Mayor Cohen to delete paragraph 2. of Section 1. The motion failed, 2-4, with Commissioners Beskin and Holzberg voting yes and Mayor Snyder, Vice Mayor Cohen, Commissioners Rogers- Libert and Perlow voting no. An amendment was offered by Commissioner Perlow and seconded by Mayor Snyder to provide in paragraph one the Specific Height Threshold as "40 stories or 400', whichever is less". The amendment passed unanimously. The motion for approval of the ordinance, as amended, passed unanimously. Mayor Snyder appointed a Committee consisting of Commissioners Beskin, Perlow and Holzberg to meet with Staff to further refine this ordinance prior to second reading. PUBLIC HEARINGS: ORDINANCES - SECOND READING: None RESOLUTIONS: None OTHER BUSINESS: None REPORTS: As presented. PUBLIC COMMENTS: Albert Zemlock, Del Vista addressed the Commission. 7 14. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 9:30 p.m. Teresa M. Smith, CMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings if made, which record includes the testimony and evidence upon which the appeal is to be based. 8 MINUTES CITY OF AVENTURA SPECIAL COMMISSION MEETING AUGUST 24, 1998 - 9:00 a.m. Aventura Government Center 2999 NE 191st Street Suite 500 Aventura, Florida 33180 CALL TO ORDER/ROLL CALL: The meeting was called to order at 9:00 a.m. by Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Jay R. Beskin, Harry Holzberg, Jeffrey M. Perlow, Patricia Rogers- Libert, Vice Mayor Ken Cohen, Mayor Arthur I. 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. RESOLUTION: A RESOUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SELECTING THE FIRM OF JAMES A. CUMMINGS, INC. TO PREFORM CONSTRUCTION MANAGEMENT SERVICES WITH GUARANTEED MAXIMUM PRICE RELATIE TO ISQ NO. 98-7-24-2, GOVERNMENT CENTER, POLICE FACILITY, AND CULTURAL ENTE PROJECT; AUTHORIZING THE CITY MANAGER OF THE CITY OF AVENTURA, FLORIDA, ON BEHALF OF SAID CITY, TO NEGOTIATE THE TERMS AND FEES FOR SAID WORK; AUTHORIZING NEGOTIATIONS WITH ALTERNATE FIRM TO PERFORM THE REQUIRED SERVICES SHOULD NEGOTIATIONS WITH THE SELECTED FIRM BE UNSUCCESSUL; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Cohen, seconded by Commissioner Rogers-Libert, unanimously passed and Resolution No. 98-74 was adopted. Mr. Wolpin requested that an Executive Session be scheduled relative to the Lola Thomas litigation matter. It was the consensus of the Commission to set the Executive Session for September '10, 1998 at 5:30 p.m. at Government Center. Mr. Soroka discussed the design of the Commission Chamber as a multi-purpose center. It was the consensus of the Commission that the new Commission Chamber not be used as a cultural center and that the City Manager research the feasibility of renting the AMC Movie Theaters at Loehmann's Plaza for cultural events and, with Architect Michael Shift, explore other possibilities for a cultural facility. There being no further business to come before the Commission, the meeting adjourned at 9:30 a.m. Teresa M. Smith, CMC, City Clerk Approved by the Commission on ,1998. Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the prcceedings and, for such purpose, may need to ensure that a verbatim record of the prcceedings if made, which record includes the testimony and evidence upon which the appeal is to be based. MINUTES CITY OF AVENTURA COMMISSION WORKSHOP MEETING AUGUST 24, 1998 - 9:30 a.m. Aventura Government Center 2999 NE 191st Street Suite 500 Aventura, Florida 33180 The meeting was called to order at 9:30 a.m. by Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Jay R. Beskin, Harry Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Ken Cohen, Mayor Arthur I. 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. Lehman Causewa¥/Hiqhway Connector: Randy Fox, Florida Department of Transportation, and Peter Halliburton, Kittelson & Associates, discussed the Lehman Connector Feasibility Study. City Manager to obtain a report on the proposed improvements to West Dixie Highway. Hospital/Medical Office District: David Carbone, CEO of Aventura Hospital and Medical Center, Clifford Schulman, Esq., attorney for the Hospital, and representatives from Hospital Architect Gresham Smith and Partners, presented a proposed master plan for the hospital district for the Commission's consideration in the Comprehensive Plan process, and suggested a partnership with the City for purpose of creating an opportunity to redevelop the subject area. Gary Dickens, ivey, Harris & Walls, responded to this presentation and addressed questions of the Commission. Consensus of Commission that the City Manager meet with hospital representatives to discuss coordination and funding of a feasibility study relative to a redevelopment district for the hospital area. Founders Day 98 Activities: Community Services Director Robert Sherman presented the slate of activities proposed for Founders Day and Founders Park dedication. Consensus of the Commission that staff review other alternatives concerning the softball game. Huber Tract Purchase: Mr. Soroka updated the Commission on negotiations for purchase of the Huber tract and recommended that the City offer a maximum price of $2.4 million. Consensus of Commission that the City Manager proceed as he recommended. City Clerk Performance Review: Consensus of Commission to increase the salary of the City Clerk to $60,000, which includes any cost of living increase to be given to other employees in October 1998 and in the future, the performance evaluation will be recommended to the Commission by the City Manager, with the final determination to be made by the Commission. Lea.que of Cities (Commissioner Roqers-Libert): Ms. Rogers-Libert requested and received Commission's consent to discuss with other municipalities the NLC Advisory Council Focus on Building Communities. She then discussed certain issues pertinent to the City as a part of the 1998 Legislative Session. Consensus to schedule a workshop to discuss legislative priorities with City Lobbyist. Other Business: Other items discussed include: police department; Commissioner Berger to proceed with discussions with Judge Leonard regarding her invitation relative to the federal judicial process; correspondence received relative to traffic at Point East and Biscayne Boulevard; proposed tri-city library; proposed school site; billboard acquisition; scheduling of Commission regular meetings and workshop meetings. Consensus of Commission to schedule one Commission meeting and two workshop meetings (one in the morning and one in the afternoon) per month; senior match-up program; police protection for Aventura Turnberry Jewish Center. The meeting adjourned at 12:40 p.m. Teresa M. Smith, CMC, City Clerk Approved by the Commission on ,1998. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission i~ Eric M. Soroka, C August 26, 1998 Law Enforcement Mutual Aid Agreements Between the City and the City of Sunny Isles Beach September 1, 1998 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing execution of the Law Enforcement Mutual Aid Agreement with the City of Sunny Isles Beach. BACKGROUND In order to improve cooperative relationships between law enfomement agencies and provide a mechanism to share police resources in the event of emergencies or certain demanding situations, Chapter 23, Florida Statutes, Florida Mutual Aid Act allows agencies to enter into Police Services Mutual Aid Agreements. The various departments use a basic Mutual Aid Agreement. The City has previously entered into similar agreements with North Miami Beach, Miami-Dade County, Indian Creek Village and Golden Beach. The following list comprises the circumstances and conditions under which mutual aid may be requested: The joint multijurisdictional criminal investigations. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes, and strikes. Any natural disaster. 4. Incidents which require rescue operations and crowd and traffic control measures including, but not limited to, large-scale evacuations, aircraft and shipping disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, acts of sabotage. 6. Escapes from or disturbances within detention facilities. 7. Hostage and barricaded subject situations, and aircraft piracy. 8. Control of major crime scenes, area searches, perimeter control, back-ups to emergency and in-process calls, pursuits, and missing person calls. 9. Enemy attack. 10. Transportation of evidence requiring security. 11. Major events, e.g., sporting events, concerts, parades, fairs, festivals and conventions. 12. Security and escort duties for dignitaries. 13. Emergency situations in which one agency cannot perform its functional objective. 14. Incidents requiring utilization of specialized units, e.g., underwater recovery, aircraft, canine motorcycle, bomb, crime scene, marine patrol, and police information. 15. Joint training in areas of mutual need. The Agreement is beneficial in our mission to protect the safety and quality of life of our residents. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0630-98 RESOLUTION NO. 98-__ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF SUNNY ISLES BEACH FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized on behalf of the City of Aventura to execute and otherwise enter into that certain Mutual Aid Agreement between the City of Aventura and the City of Sunny Isles Beach for law enforcement activities in substantially the form as attached hereto. Section 2. The City Manager is hereby authorized to do all things necessary and expedient in order to effectuate the execution of the attached Agreement described in Section 1 above, and to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by , who moved its adoption. The motion was seconded by , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Resolution No. Page 2 Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Arthur I. Snyder PASSED AND ADOPTED this 1'* day of September, 1998. ARTHURI. SNYDER, MAYOR ATTEST: TERESA M SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY /tms MUTUAL AID AGREEMENT Between the City of Sunny Isles Beach Police Department and the City of Aventura Police Department WHEREAS, it is the responsibility of the governments of the City of Sunny Isles Beach, Florida and the City of Aventura, Florida to ensure the safety of their citizens by providing adequate levels of police services to address any foreseeable routine or emergency situation; and WHEREAS, because of the existing and continuing possibility of the occurrence of law enforcement problems and other natural and man-made conditions which are, or likely to be, beyond the control of the services, personnel, equipment or facilities of the participating municipal police departments; and WHEREAS, in order to ensure the preparation of these law enforcement agencies will be adequate to address any and all of these conditions, to protect the public peace and safety, and to preserve the lives and property of the people of the participating Dade County municipalities; and WHEREAS, the participating Dade County municipalities have the authority under Chapter 23, Florida Statutes, Florida Mutual Aid Act, to enter into a mutual aid agreement. NOW, THEREFORE, BE IT KNOWN, that the City of Sunny Isles Beach, subdivision of the State of Florida, and the undersigned representatives, in consideration for mutual promises to render valuable aid in times of necessity, do hereby agree to fully and faithfully abide by and be bound by the following terms and conditions: 1. Short title: Mutual Aid Agreement Description: Since the Mutual Aid Agreement provides for the requesting rendering of assistance for both routine and law enforcement intensive situation this Mutual Aid Agreement combines the elements of both a voluntary cooperation agreement and a requested operational assistance agreement as described in Chapter 23 Florida Statutes. 3. Definitions: Joint declaration: A document which enumerates the various conditions of situations where aid may be requested or rendered pursuant to this agreement, as determined by concerned agency heads. Subsequent to execution by the concerned agency heads, the joint declaration shall be filed with the clerks of the respective political subdivisions and shall thereafter become part of this Agreement. Said declaration may be amended or supplemented at any time by the agency heads by filing subsequent declaration with the clerks of the respective political subdivisions. Agency or participating law enforcement agency: Either the City of Sunny Isles Beach Police Department or the participating municipal police department. Composite Exhibit "A" Agency Head: Either the Chief of the Sunny Isles Beach Police Department, or the Chief's designees, and the Chief of Police of the participating municipal police department, or the Chief's designees. Participating municipal police depadment: The police department of any municipality in Dade County, Florida that has approved and executed this Agreement upon the approval of the governing body of the municipality. Certified law enforcement employee: Any law enforcement employee certified as provided in Chapter 943, Florida Statutes. Operations: In the event that a party to this agreement is in need of assistance as specified in the applicable joint declaration, an authorized representative of the police department requiring assistance shall notify the agency from who such assistance is requested. The authorized agency representative whose assistance is sought shall evaluate the situation and has available resources, and will respond in a manner deemed appropriate. Each party to this Agreement agrees to furnish necessary manpower, equipment, facilities, and other resources and to render services to the other party as required to assist the requesting party in addressing the situation which caused the request; provided however, that no party shall be required to deplete unreasonably its own manpower, equipment, facilities, and other resources and services in rendering such assistance. The agency heads of the participating law enforcement agencies, or the requesting agency, and for giving tactical control over accomplishing any such assigned mission and supervisory control over all personnel or equipment provided pursuant to this Agreement to the providing agency. Powers, Privileges, Immunities, and Costs: All employees of the participating municipal police department, certified law enforcement employees as defined in Chapter 943, Florida Statutes, during such time that said employees are actually providing aid outside of the jurisdictional limits of the employing municipality pursuant to a request for aid made in accordance with this Agreement, shall pursuant to the provisions of Chapter 23, Florida Statutes, have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the political subdivision in which they are normally employed. The political subdivision having financial responsibility for the law enforcement agency providing the services, personnel, equipment, or facilities pursuant to the provisions of this Agreement shall bear any loss or damage to same and shall pay any and all expenses incurred in the maintenance and operation of same. The political subdivision having financial responsibility for the law enforcement agency providing aid pursuant to this Agreement shall compensate all of it's employees rendering aid pursuant to this Agreement, during the time of rendering of such aid and shall defray the actual travel and maintenance expenses of such employees while they are rendering such aid. Such compensation shall include any amounts paid for due for compensation due to personal injury or death while such employees are engaged in rendering such aid, Such compensation shall also include all benefits normally due such employees. D. All exemption from ordinances and rules, and all pension, insurance, relief, disability, workers compensation, salary, death, and other benefits which apply to the activity of such 10. officers, agents, or employees of any such agency, when performing their respective functions within the territorial limits of their respective agencies, shall apply to them to the same degree, manner, and extent while engaged in the performance of their functions and duties extraterritorial under the provisions of this Mutual Aid Agreement. The provision of this Agreement shall apply with equal effect to paid and auxilia[y employees. Indemnification: The political subdivision having financial responsibility for the law enfomement agency providing aid pursuant to this Agreement agrees to hold harmless, defend, and indemnify the requesting law enforcement agency and it's political subdivision in any suit, action or claim for damages resulting from any and all acts or conduct of employees of said providing agency while providing aid pursuant to this Agreement, subject to Chapter 768, Flodda Statutes, where applicable. Forfeitures: It is recognized that dudng the course of the operation of the Agreement, property subject to forfeiture under the Florida Contraband Forfeiture Act, Flodda Statutes, may be seized. The property shall be seized, forfeited, and equitably distributed among the participating agencies in proportion to the amount of investigation and participation performed by each agency. This shall occur pursuant to the provisions of the Florida Contraband Forfeiture Act. Conflicts: Any conflicts between this Agreement and the Florida Mutual Aid Act will be controlled by the provisions of the latter, whenever conditions exist that are within the definitions stated in Chapter 23 Flodda Statutes. Effective Date and Duration: This Agreement shall be in effect from date of signing, through and including August 1, 2005, under no circumstances may this Agreement be renewed, amended or extended except in writing. Cancellation: This Agreement may be canceled by either party upon sixty (60) days written notice to the other party. Cancellation will be at the discretion of the Chief executive officers of the parties hereto. AGREED AND ACKNOWLEDGED this Cit~an~ger, City offS~finy Is~s Beech, Florida ATTEST: City Clerk, City of Sunny Isles Beach, Florida APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~ity AttOrney, City of Sunny Isles Beach, Florida day of 1998 City Manager, City of Aventura, Florida ATTEST: City Clerk, City of Aventura, Florida APPROVED AS TO FORM AND LEGAL SUFFICIENCY City Attorney, City of Aventura ,Florida JOINT DECLARATION OF THE CHIEF OF THE CITY OF AVENTURA POLICE DEPARTMENT AND THE CHIEF OF THE CITY OF SUNNY ISLES BEACH POLICE DEPARTMENT PURSUANT TO MUTUAL AID AGREEMENT A deputy sheriff or police officer of either of the participating law enforcement agencies shall be considered to be operating under the provisions of the mutual aid agreement when: participating in law enforcement activities that are pre-planned and approved by each respective agency head, or participating in law enforcement activity that falls under the County-Wide Mutual Aid Agreement, or appropriately dispatched in response to a request for assistance from the other law enforcement agency. Communications instructions will be included in each request for mutual aid and the Metro-Dade Police Department Communications Bureau will maintain radio contact with the involved agencies until the mutual aid situation has ended. In the absence of such instructions, communications will be conducted on a mutually agreed upon police radio frequency, if not through Metro-Dade Communications Bureau. in compliance with, and under the authority of, the Mutual Aid Agreement, hereto entered into by the City of Aventura, Florida and the City of Sunny Isles Beach, Florida, it is hereby declared that the following list comprises the circumstances and conditions under which mutual aid may be requested and rendered regarding police operations pursuant to the agreement. Said list may be amended or supplemented from time to time, as needs dictate by subsequent declarations. 1. Joint multi-jurisdictional criminal investigations Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trails, political conventions, labor disputes and strikes. 3. Any natural disaster Incidents which require rescue operations and crowd and traffic control measures, including, but not limiting to, large-scale evacuations, aircraft and shipping disasters, fires, explosions, gas line leaks, radiological incidents, train wrecks and derailments, chemical or hazardous waste spills, and electrical power failures. 5. Terrorist activities including, but not limited to, ~cts of sabotage. 6. Escapes from or disturbance within detention facilities. 7. Hostage and barricaded subject situations, and aircraft piracy. Controt of major crime scenes, area searches, perimeter control, backups to emergency and in- progress calls, pursuits, coordinated off-duty work, and missing persons calls. 9. Participating in exigent situations without a formal request which are spontaneous occurrences such as area searches for wanted subjects, perimeters, crimes in progress, escaped prisoners. 10. 12. 13. 14. 15. 16. 17. DATE: Chief of Sunny I§les Beach Police Department Sunny Isles Beach, Florida Richard Harrison Request for assistance and no local unit is available or nearby, calls or transmissions indicating as officer is injured, calls indicating a cdme of incident has occurred is which a citizen may likely be injured and the assisting municipality is closer to the area that the officer receiving the call. Enemy attack Transportation of evidence raquidng security. Major events; e.g., sporting events, concerts, parades, fairs, festivals, and conventions. Security and escort duties for dignitaries. Emergency situations in which one agency cannot perform its functional objective. Incidents requiring utilization of specialized units; e.g., underwater recoven], canine, motorcycle, crime scene, marine patrol enforcement or investigation, and police information. Joint training in areas of mutual need. Mutual enforcement of all existing applicable laws and ordinances and exercise of arrest powers within the area compromising the jurisdictional waters within respective municipal boundaries. X/~ [c~ DATE: Chief of City of Aventura Police Department, Aventura, Flodda Tom Ribel ATTEST: Sunny Isles Beach, City Clerk ATTEST: City ofAventura, CityClerk CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City CommissiO~ci~ Eric M. Soroka, r August17,1998- ~'~1 Resolution Requesting 'County Intersection of N.E, 207th to Install Traffic Signal at the Street and N.E. 30TM Avenue September 1, 1998 City Commission Meeting Agenda Item /7~ RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution requesting the County to install a traffic signal at the intersection of N.E. 207th Street and N.E. 30~ Avenue. BACKGROUND With the opening of N.E. 30th Avenue, Aventura Commons Sho.tP, ping Center and Aventura Lakes residential subdivision, the intersection at N.E. 207t Street and N.E. 30th Avenue is becoming increasingly unsafe to cross. The City requested the County to study the intersection and they have advised that a signalized intersection is warranted to improve traffic. However, the County's Traffic and Engineering Division has indicated that funding is not available at this time. Therefore, the subject Resolution has been prepared to bring this matter to the attention of the City Commission. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0621-98 RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA REQUESTING THE MIAMI-DADE COUNTY COMMISSION TO EXPEDITE THE INSTALLATION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF NE 207TM STREET AND NE 30TM AVENUE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, based on the opening of NE 30th Avenue, the Aventura Commons Shopping Center and the Aventura Lakes residential subdivision, the intersection of NE 207th Street and NE 30th Avenue is dangerous and unsafe to cross; and WHEREAS, the Traffic and Engineering Division of the Miami-Dade County Public Works Department has determined that a signalized intersection is warranted to improve traffic; and WHEREAS, the Traffic and Engineering Division of the Miami-Dade County Public Works Department has not funded the installation of the traffic signal; and WHEREAS, in order to protect the safety of motorists traveling along 207th Street, the traffic signal should be installed at this time. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section'l. The City Commission hereby requests the Miami-Dade County Commission to expedite the installation of a traffic signal at the intersection of NE 207th Street and NE 30th Avenue. Resolution No. 98- Page 2 Section 2. This Resolution shall become effective immediately adoption. The foregoing Resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: upon its Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Arthur I. Snyder PASSED AND ADOPTED this 1't day of September, 1998. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA OFFICE OFTHECITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission ~__ Eric M. Soroka, C,~ffvl~ ~ler ;i~iStc2o5n'ti~92n~d Sy~ystem~m provement Byrne Grant Grant Program Agreement - September 1, 1998 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution authorizing the execution of an Agreement with Dade County for the Community Drug and Crime Prevention Program Grant in the amount of $7,396. This grant was previously received in 1997 as well. BACKGROUND The City had previously applied for the Federal Byrne Grant and received confirmation of its award. The County administers the grant. The grant will be utilized to implement crime prevention programs and maintain the "Reverse 911" communication system. This system allows the Police Department to monitor "911" calls and send messages out to the various condominiums regarding police matters. The grant will provide $7,396, and the City is required to provide a $2,465 match for a total of $9,861. A detailed budget for the grant is attached. If you have any questions, please feel free to contact me. EMS/aca Attachment cc0627-98 RESOLUTION NO. 98-._ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED AGREEMENT BETWEEN THE CITY OF AVENTURA AND MIAMI DADE COUNTY TO PROVIDE A COMMUNITY DRUG & CRIME PREVENTION PROGRAM; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized on behalf of the City of Aventura to execute and otherwise enter into that certain Agreement between Miami Dade County and the City of Aventura to provide a Community Drug & Crime Prevention Program in substantially the form as attached hereto. Section 2. The City Manager is hereby authorized to do all things necessary and expedient in order to effectuate the execution of the attached Agreement described in Section 1 above, and to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner I who , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Harry Holzberg Commissioner Jeffrey M. Pedow Commissioner Patdcia Rogers-Libert Resolution No. 98-__ Page 2 Vice Mayor Ken Cohen Mayor Arthur I. Snyder PASSED AND ADOPTED this l~t day of September, 1998. ARTHURI. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EMSAms PROGRAM BUDGET Jufisdintian Name: AVENTURA Program Area: COMMUNITY DRUG AND CRIME PREVENTION Program Name: COMMUNITY DRUG & CRIME PREVENTION Reverse 911 Guardian Target Population: City Residents Contact Parson: Chief Thomas E. Ribel 466-8966 PH - 466-8990 FX Program Dates: 10/01/98 - 09/30/99 Salaries and Benefits, Total $0 Contractual Services, Total Expenses, Total Reverse 911 System Maintenance Am~ual Phone Line Cost (5 lines) Training, Crime Prevention Specialist Printing, Binding & Postage, Flyers, etc. Miscellaneous Program Supplies Total Budget Dade County will reimburse an amount not to exceed: The 25°/° CASH MATCH for this grant is: Tl~e source of the CASH MATCH is: General Fund, City of Aventura $7,396 $2,465 $3,000 $1,500 $2,300 $2,961 $100 $0 $9,861 $9,861 08/18/98, AV$CP99.WK4 CITY OF AVENTURA OFFICE OFTHECITYMANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission y~ Eric M. Soroka, C~t August 25, 1998 Agreement for Construction of Drainage and Roadway Improvements - N,E. 191st Street and N,E, 29th Avenue September 1, 1998 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission authorize the execution of the attached private/public partnership Agreement with Champion Retail Limited Partnership to construct drainage and roadway improvements along N.E. 191st Street and N.E. 29th Avenue. The project is included in the City's Capital Improvement Program for FY 98/99 as the South Drainage Collector / Out Fall Improvements. BACKGROUND The 1998/99 Capital Budget includes the South Drainage Collector Out Fall Drainage Improvements. The project involves the installation of positive drainage lines along N.E. 191st Street and N.E. 29th Avenue and construction of an out fall to the canal located to the east of N.E. 29th Avenue. This area represents the most severe flooding problems that exist in the City during heavy rains. Originally, the work was to be constructed as two separate projects. One by the developer, which included only the area adjacent to their property and two, the remainder of the area to be completed by the City as part of the Capital Improvement Program. The City entered into negotiations with the owner of the Champion Retail Shopping Center to correct the drainage problems adjacent to their site and to develop a private/public partnership to address the drainage problems along the entire area of the project. The concept is similar to the one utilized to expedite the North Collector System along N.E. 213th Street and N.E. 30th Avenue. The projected budget is $800,000. The developer is required to fund $256,000 of this amount which represents its fair share of improvements associated with its development. The developer will construct the improvements in accordance with the requirements of the Agreement. By utilizing this concept, the City Engineers advised that the project would expedite needed drainage improvements and result in cost savings conservatively estimated at approximately $100,000 were the project constructed in a piecemeal fashion. The major points of the Agreement are as follows: The developer shall construct drainage and roadway improvements along N.E. 191st Street and N.E. 29th Avenue in two phases. The City will pay to the developer approximately $800,000, less the $256,000 fair share amount to be funded by the developer. The City will also pay a construction management fee similar to the arrangement contained in the N.E. 213th Street Agreement. The drainage system and related improvements, when completed will be dedicated to the City. The project will be completed in phases in order not to disrupt the traffic movement in the area. In light of the N.E. 183rd Street and Biscayne Boulevard improvement projects, we are working on a schedule that has the least amount of impact to the area. 6. The overall project should be completed in six months. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0626-98 RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT BET~NEEN THE CITY OF AVENTURA AND CHAMPION RETAIL LIMITED PARTNERSHIP CONCERNING DRAINAGE AND ROAD IMPROVEMENTS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the attached Agreement provides for the construction and dedication of drainage and roadway improvements which are beneficial to the City of Aventura; and WHEREAS, approval of the Agreement will expedite and produce a cost savings relative to the NE. 191~ Street and N.E. 29th Avenue drainage improvements and is in the best interest of the City of Aventura. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AS FOLLOWS: ~ That the Agreement, in substantially the form attached hereto, is hereby approved and the City Manager is hereby authorized to execute such Agreement on behalf of the City of Aventura. ~ That this Resolution shall be effective immediately upon adoption hereof. The foregoing Resolution was offered by Commissioner its adoption. The motion was seconded by Commissioner put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Harry Holzberg who moved and upon being Resolution No. 98-__ Page 2 Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Arthur I. Snyder PASSED AND ADOPTED this 1 '~ day of September, 1998. AFl'EST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY CITY ATTORNEY - 2 - AGREEMENT FOR CONSTRUCTION OF DRAINAGE AND ROADWAY IMPROVEMENTS BETWEEN CITY OF AVENTURA AND CHAMPION RETAIL LIMITED PARTNERSlq]P THIS AGREEMENT, made and entered into this __ day of , 1998, by and between the CITY OF AVENTURA, a municipal corporation (hereinafter referred to as the "City") and CHAMPION RETAIL LIMITED PARTNERSHIP, a Florida limited partnership (hereinafter referred to as the "Developer"). WITNESSETH: WHEREAS, the Developer owns a certain tract of land in the City of Aventura, which is cross-hatched on Exhibit "A", attached hereto (the "Developer's Property"); and WHEREAS, the City is responsible for the construction, maintenance and operation of the public roadway and drainage facilities located within the City of Aventura; and WHEREAS, certain roadway and drainage improvements located within the shaded areas on Exhibit "B", attached hereto (the "Evaluation Area"), need to be evaluated and master planned; and WHEREAS, certain improvements, more specifically to be set forth in the Plans and Specifications (as hereinafter defined), need to be made to the roadway and drainage facilities located within the portions of the Evaluation Area shaded on Exhibit "C", attached hereto (the "Project Area"), said improvements being hereinafter referred to as the "Project": and WHEREAS, the Project is planned to be performed in multiple phases, the first and second phase being hereinafter referred to as "Phase I" and "Phase II", respectively; and WHEREAS, Phase I of the drainage work component of Project shall consist of the drainage work to be performed in the portion of the Project Area shaded on Exhibit "D", attached hereto and Phase II of such work shall be performed in the balance of the~rpject Area; and WHEREAS, Phase I of the roadway work component of the Project shall consist of the roadway work to be performed in the portion of the Project Area shaded on Exhibit "E", attached hereto and Phase II of such work shall be performed in the balance of the Project Area; and WHEREAS, due to budgetary constraints, the City desires that the Developer provide the evaluation, master planning, surveying and engineering plans for the Project (collectively, the "Plans and Specifications"); bid and obtain necessary permits for the Project; construct Phase I; and to the extent funds designated for the Project remain in the City's 1999 Fiscal Budget (as hereinafter defined) after allocation for payment to the Developer of the amounts it is entitled to hereunder, construct Phase II or portions thereof, as agreed upon by the parties (all of the foregoing, unless otherwise specifically referred to, being collectively defined as, the "Developer's Work"); and WHEREAS, the City agrees to reimburse Developer for the funds expended by Developer in connection with the Developer's Work and other amounts the Developer is entitled to hereunder, subject to the provisions contained herein; and WHEREAS, it is in the best interests of the City to have the Developer provide the Developer's Work, subject to the provisions contained herein; and WHEREAS, the Developer is willing to provide the Developer's Work, subject to the provisions contained herein. NOW, THEREFORE, in consideration of the foregoing promises and the mutual covenants to be performed, and in connection with the benefits to accrue to each of the respective parties, it is covenanted and agreed to as follows: SECTION I CITY RESPONSIBILITIES AND WARRANTIES. 1.1 The City represents and warrants that it has established and approved, pursuant to its municipal code and all applicable legal requirements, a budget for the Project of $800,000.00 (the "Project Budget"). The Project Budget includes amounts for the Plans and Specifications, bidding and permitting for the Project and the costs, including applicable overhead, associated with each phase of the Project. 1.2 The City shall use its best efforts to ensure payment to Developer in accordance with this Agreement. The City further represents and warrants that it has included the Project Budget in its proposed fiscal budget for the period October 1, 1998 - September 30, 1999 (the "1999 Fiscal Budget"). 1.3 The City shall designate a representative authorized to act on the City's behalf with respect to the Project. Such authorized representative, shall render decisions in a timely manner pertaining to documents submitted by the Developer in order to avoid unreasonable delay in the completion of the Developers Work. 1.4 Information or services under the City's control shall be flJrrnished by the City with reasonable promptness to avoid delay in the performance and completion of the Developers Work. 1.5 On the date the Completion Confirmation (as hereinafter defined) is issued by the City to the Developer, in accordance with paragraph 3.4 of this Agreement, the City shall take complete possession and control of the Project free and clear of any liens arising through the acts or omissions of the Developer and assume responsibility for the completion of the Project. All public roadway and drainage facilities constructed pursuant to this Agreement shall be provided by Developer to City free and clear of any claims, liens or encumbrances arising through the acts or omissions of Developer, including any claims related to the provision of materials, labor or services for work authorized by the Developer pursuant to this Agreement. Developer shall provide the City with all documentation reasonably required by the City Attorney, including a bill 2 of sale, no-lien affidavit, release of liens and to the extent they exist and are assignable, warranties of contractors. 1.6 The City represents and warrants to the Developer that the completion of the Project is independent of the Developer's development of the Developer's Property and that the City shall not withhold or delay the issuance of a final Certificate of Occupancy with respect to the Developer's Property in the event the Project (or any phase thereof) is not completed on the date the Developer or any of its tenants seeks a Certificate of Completion and/or Certificate of Occupancy associated with the improvements to be constructed on the Developer's Property. 1.7 The City represents and warrants to the Developer that the person executing this Agreement on behalf of the City has the right and authority to execute this Agreement on behalf of the City; and that this Agreement has been approved by the City in accordance with the provisions of the City's charter and all other applicable laws and ordinances. The City shall provide Developer with evidence of such compliance upon Developer's request. SECTION II DEVELOPER'S RESPONSIBILITIES AND WARRANTIES 2.1 The Developer shall review with the City, the requirements of the Project in order to arrive at a mutual understanding with the City of such requirements. 2.2 The Developer shall retain an engineer licensed under the laws of the State of Florida (the "Engineer"), who shall prepare the Plans and Specifications. The Plans and Specifications shall, among other things, show the design, location and dimensions of all work associated with each phase of the Project and include such plans, elevations, sections, details, schedules, diagrams and other documents necessary to perform all work required in connection with the Project. 2.3 Based on the Plans and Specifications prepared by the Engineer, the Developer shall, in consultation with the Engineer, and in connection with the preparation of the budget for the Project, prepare preliminary estimates of costs associated with each phase of the Project. 2.4 The Developer shall acquire the construction permit and all other permits and governmental licenses necessary for the performance and completion of the Project and which may be legally required when bids are received or negotiations of contracts concluded. 2.5 The Developer shall prepare a Phase I construction schedule detailing the separate components of the work associated with Phase I, including timing of construction and times of commencement and completion. The Developer shall prepare the same schedule with respect to Phase II to the extent the Developer is performing any work for Phase II. 2.6 The Developer shall submit a list of prospective bidders for the City's review and approval. The Developer shall issue bidding documents to bidders. The bidding documents shall be structured in such a manner so as to provide bid items segregating the costs of Phase I from the costs of the other phases of the Project. 2.7 The Developer shall receive bids and prepare bid analysis for each phase of the Project. Developer shall consult with, and advise the City as to the bids the Developer has received and the Developer's recommendation for the award of such contracts. The City shall promptly approve or disapprove the Developer's award of such contracts. The City shall not unreasonably withhold its approval of the contracts the Developer elects to award in accordance with this Agreement. 2.8 The Developer shall enter into the contract for construction of Phase I and shall coordinate the sequence of construction of Phase I. In the event the Project Budget exceeds the amount necessary to reimburse the Developer for the costs associated with the Plans and Specifications, the bidding and permitting of the Project and construction of Phase I, plus the associated costs set forth in paragraph 3.2 and 3.3 (such excess being hereinafter referred to as the "Project Balance"), the Developer and City agree the Developer will perform a portion of the work under Phase II to be agreed upon by the parties prior to the commencement of work under Phase I, provided the costs associated with such Phase II work and associated costs under paragraph 3.2 and 3.3 of this Agreement, do not exceed the Project Balance. Such work shall be performed under the contracts awarded by the Developer for Phase I. 2.9 The Developer shall review, process and pay applications by the contractors for progress and final payments required pursuant to the contracts awarded by the Developer. 2.10 With respect to each contractor's work on the Project, the Developer shall not have control over or charge of, and shall not be responsible for, construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with such work of each of the contractors, since it is understood and agreed these are solely the contractor's responsibility under the applicable contracts for construction. The Developer shall not have control over or charge of acts or omissions of the contractors, subcontractors, or their agents or employees or any other persons performing portions of the work not directly employed by the Developer. 2.11 The Developer shall review requests for changes, submit recommendations to the City, and if accepted, prepare change orders and construction change directives which incorporate the Engineer's modifications to the Plans and Specifications as they relate to the construction work the Developer is performing. ~ ~ 2.12 The Developer shall record the progress of Developer's Work and shall submit written progress reports to the City, including information on each contractor's work showing percentages of completion. 2.13 The Developer represents and warrants to the City that it has the full fight and authority to enter into this Agreement and has obtained any and all consents required to enter into this Agreement. 2.14 Developer shall diligently pursue completion of Developer's Work, subject, however, to delays caused by force majeure. 4 2.15 Developer covenants that it shall carry comprehensive geaerai liabili~ insurance coverin~ all of its operations and activities under this Agreeme~ in an amount o~ ~t le~t $1,000,000.00 combined single limit coverage for personal injury, ineludin~ death and property damage, and that it shall name the City and ~ officers, agents and e~nployees as additional insured under such inaurance policy for all activities concerning this Agreement. A certificatc ofinaurance shall be provided to the City Manager reflecting such insurance coverage and indicating that no cancellation or modification of such coverage shall occur unlesa thirty (30) days notice is provided to the City. Additionally, Developcr shall assure that its cot~hactor~, for work done pursuant to this Agreement, shall provide coverage at least equal to the type and amount specified in this paragraph 2.15 and shall likewise name the City and ira officers, agents and employees as additional insured concerning work done for the Developer pursuant to this Agrcement. SECTION PAYMENT BY DEVELOPER AND RgYk4RURSEML~NT BY CITY TO DEVELOPER 3.1 Developer ,hall pay, when due, all payments required to the Engineer for the Plans and Spec~ifications; to the applicable govemmentai authority for permits for the Project; and to any party perfom~g work under contra~ts entered into by the Developer. Developer shall maintain ~cconnfmg records on ail such work performed and services forr~ished in a~:ordance with this Agreement. Upon substantial completion o£Developer~s Work, Developer shall prepare an application for paTment setting forth ail sums paid by the Developer for the performance of thc work and services performed in connection with this A~reernent (including as separate items, the sums paid for the Plans and Specifications, biddieS and permitting of the Project, and Developer's Work) and the expenses set forth in paragraph 3,2 bclow (thc "Faymant Application"). 3.2 In addition to the sums paid by the Devdoper for the Developer's Work, the Developer shall further be entitled to reimlrar~ement for the following expenses: a. Expenses of transportation and storage in connection with Developer's Work; Fees paid for ~ approval and/or permits of anthodties having jurisdiction over the Project if required to be paid for by Developer,, Expenses of reproductions, postage, express deliveries, electronic facsimile transmissions in handling of the Plav.~ and Spec~licatio~s and other documents; Expenses of additionel in.*utance coverage required by tl~ City to be mainlined by the Developer in eormection with Developer's Work in excess of that normaily certied by the Developer, if required by the City; and Fees associated with any and all testing of the Developer's Work. Developer shall maintain epproprtam accounting records of thc foregoin~ ~lditionai reimbursable c~penscs, which shall be available to the City for review itt mutually agreed upon times. 5 3.3. In addition to the sum due to the Developer pursuant to the Payment Application, the City shall pay the Developer a sum equivalent to five percent (5%) of the total amount set forth on the Payment Application for the direct salaries of the Developer's personnel engaged in Developer's Work and a portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations and similar contributions and benefits (collectively, "Attributable Employee Cost"): 3.4 When Developer believes that it has substantially completed Developer's Work, it shall deliver to the City a notice of substantial completion (the "Substantial Completion Notice"). The Substantial Completion Notice shall state that Developer's Work has been substantially completed and shall contain a report with sufficient detail to enable the City to determine whether Developer's Work has been substantially completed. Within ten (10) days following receipt of the Substantial Completion Notice, the City shall inspect Developer's Work and all work performed in connection therewith to determine whether there are any defects and/or deficiencies in the Developer's Work. Within said ten (10) day period, the City shall either (i) issue a confirmation of Developer's Work completion ("Completion Confirmation"), or (ii) notify Developer in writing that substantial completion has not been achieved, stating in detail the reasons therefor. In the event substantial completion has not been achieved, Developer shall promptly take such action or perform such work as to achieve substantial completion, and thereafter issue another Substantial Completion Notice pursuant to this section 3.4. Such procedure shall be repeated until substantial completion has been achieved and a Completion Confirmation is issued by the City to the Developer. Failure by the City to respond to the Substantial Completion Notice within ten (10) days of receipt of same shall be deemed to constitute the City's agreement that all work associated with Developer's Work has been satisfactorily completed and shall constitute the date of the Completion Confirmation. 3.5 On the date of Completion Confirmation or October 1, 1998, whichever date occurs last, the City shall pay the Developer the sum set forth on the Payment Application, plus Attributable Employee Cost, less $256,000.00, representing the Developer's contribution for the Project, it being understood and agreed that the Developer shall not be required to contribute any sums in excess of $256,000.00 for the Project. 3.6 In the event the City fails to pay the Developer the-sums due pursuant this Agreement on the date said payment is due, interest shall accrue on the unpaid amount at the rate of interest equivalent to the rate of interest then in effect with respect to the financing the Developer is paying for the Developer's Property, which rate of interest may be changed in accordance with the terms of such financing, provided, however, such rate of interest shall not exceed ten percent per annum (10%). SECTION IV. MISCELLANEOUS 4.1 The article and paragraph headings of this Agreement are for convenience only and in no way limit or enlarge the scope or meaning of the language thereof. 4.2 If any portion of this Agreement is held invalid or inoperative, then so far as is reasonable and possible, the remainder of this Agreement shall be deemed valid and operative, and effect shall be given to the intent manifested by the portion held invalid or inoperative. The failure by either party to enforce against the other any term or provision of this Agreement shall be deemed not to be a waiver of such party's right to enforce against the other party the same or any other such term or provision. 4.3 This Agreement shall be governed, construed, applied and enforced in accordance with the laws of the State of Florida. 4.4 This Agreement embodies the entire agreement between the parties and supersedes all prior agreements and understandings relating to the matters contained herein. This Agreement may be amended or supplemented only be an instrument in writing executed by the party against who the enforcement is sought. 4.5 Shall either party employ attorneys to enforce any provision hereof, the non- prevailing party in any mediation or final judgment agrees to pay the prevailing party, all reasonable costs, charges and expenses, including attorneys' fees, expended or incurred in connection therewith. With respect to any controversy or claim arising out of or relating to this Agreement or the breach thereof, the parties agree to try to resolve such controversy or claim by mediation, subject to the supervision and rules of the Circuit Court of Miami-Dade County. The parties hereto hereby knowingly, voluntarily and intentionally waive any right either of them may have to a trial by jury in respect of any litigation arising out of or relating to this Agreement. 4.6 All notices required or permitted hereunder shall be in writing and shall be served on the parties at the following addresses: If to the City: City of Aventura Attn: Mr. Eric M. Soroka City Manager 2999 N.E. 191st Street, Suite 500 Aventura, Florida 33180 If to the Developer: Champion Retail Limited Partnership Attn: Mr. George J. Berlin ~ ~ Turnberry Associates 19501 BISCAYNE Boulevard, Suite 400 Aventura, Florida 33180 With a copy to: Buchanan Ingersoll, P.C. Attn: Richard N. Schermer, Esq. 19495 BISCAYNE Blvd., Suite 606 Aventura, Florida 33180 Tel. (305) 933-5600 Fax (305) 933-2350 7 Any such notices shall be either (a) sent by certified mail, return receipt requested, in which case notice shall be deemed delivered three (3) business days after deposit, postage pre- paid in U.S. mail or (b) overnight delivery using a nationally recognized courier service, in which case it shall be deemed delivered one (1) business day after deposit with such courier. The above addresses may be changed by written notice to the other party. 4.7 The parties acknowledge that the parties and their counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in interpretation of this Agreement or any exhibits or amendments hereto. 4.8 This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, and all of such counterparts shall constitute one (1) Agreement. To facilitate execution of this Agreement, the pa~ies may execute and exchange by facsimile counterparts of the signature page(s). IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth on the first page of this Agreement CHAMPION RETAIL LIMITED PARTNERSHIP, a Florida limited partnership CITY OF AVENTURA, a municipal corporation By: By: Print Name: Print Name: Title: Title: 150849 GRAPHIC SCALE HAMPIO E Al NOT SUBDIVIDED NOT SUBDiviDED NOT SUBDIVIOED N.E. 191st STREET TRACT REGINA SQUARE SUBDIVISION (I 13-27) REGINA SQUARE SUBDIVISION (113-27) Drawn By PAH Cad. No. 980742E TRACT "C" REGINA SQUARE SUBDMS[ON (113-27) TRACT "0" N.E. 190TH STREE N.E. 187th STREET TRACT "B" 1 <~_ N,E, 28TH GILDA TRACT GILOA TRACT COURT ~ST ~O, T~/~T SKETCH OF DESCRIPTION t CHAMP/ON RETAIL EXHIBIT 'A ' c Date 6/17/98 ~cale 1 "= 300' Ref. Dw£. 30980-006 ORTIN, LEAVY, ,~KILES, INC. lob. No. 980742 CONSULTING ENGINEERS, SURVEYORS AND MAPPERS Owg. No. 1098A-046 180 Northeast 160th. Street / North Miami Beach, Florida. 3316,3 Plotted: 7/7/98 4..4~_~4444444444~_~p Ph. 305-653-4493 / Fax 305-651-7152 ~ ~Sheet 1 of 5 .~ ~[ N E 187th STREET '~"'" "Y P*. ~ SKETCH OF DESCRIPTION ~ Da~e 6/17/98 Cad. No. 980742E ~cale 1"=500' CONSULTING ENGINEERS, SURVEYORS AND MAPPERS Owg. No. 1098A-046 :lott~: 7/7/98 4:45p Ph. 305-~53-4493 / Fax ~05-~5~-7~ Sheet 2 of SOFFERREDUC. PL~r ~>,,, '~- ~ ~ GRAPHIC SCALE N.E. 191st SI~E[T , REGINA SQUARE SUBDI~SION ~ , NOT TH STREE SUBD~SiON z (113-27) ~ 0 REGI~ SQUARE ~' ' ' PAVEMENT & DRAINAGE~ / N.E. 187th STREET ¢Dra~a By PAH SKETCH OF DESCRIPTION ~.~0 6/17/98 Cad. No. 980742E ScaJe 1 "=500' CONSULTING ~NGIN~RS, SURVEYORS AND MAPPERS D~g. No. 1098A-046 %PJo[[ed: 7/7/98 4:45p ~ P~. 305-65~-~49~ / rax 305-65~-~5~ ~ $hee~ 5 ot . 9 t STREET ~ TH STREE ~ REGINA SQU~ ~ PHASE 1 Cad. No. 980742E Scale 1 "=300' Rel. D.~, 3098D-006 ~ORTIN, LEAVY, ~KILES, INC. Job. No, 980742 CONSUltiNG ~NGiN~RS, SURVEYORS AND MAPPERS D~. No. 1098A-046 SOFFER REDLICH pLAT TRACT SOFFER REDLICH PLAT,." TRACT "A" i,.'":i. HAMPIO E T A I L:: GRAPHIC SCALE ( IN FEET ) inch -- 300 ft. NOT SUBDIVlD[:D NOT SUBDIVIDED NOT SUBDIVIDED N.E, 191st STREET (1 13-27) PHASE 1 LIMITS NORTH OF N.£. 190th STREET TRACT "0" N.E. 190TH STREE TR. "P" TRACT "B · REGINA SQUARE SUDDMSION (115-27) TRACT "C" REGINA SQUARE SUBDIVISION (113-27) PHASE 1 /EMENT IMPROVEMENTS EXHIBIT 'E" c Drawn By PAH Cad. No. g807423 Ref. Dwg. 3098D-006 ~otted: 7/7/98 4:45p N.E. 187th STREET TRACT "B" DILDA TRACT IST ADD, 28TH GILDA TRACT - COURT SKETCH OF DESCRIPTION ]~ORTIN, L EAVY, SKIL.NS, INC. CONSULTING ENGINEERS, SURVEYORS AND MAPPERS 180 Northeast 168th. Street / North Miami Beach, Florida. 33163 Ph. 305-853-4493 / Fax 305-331-7152 Date 6/17/98 Scale 1 "=300' Job. No. 980742 Dwg. No. 1098A-046 Sheet 5 of 5 TO: FROM: DATE: SUBJECT: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM City Commission[ ,-~ ~ Eric M. Soroka, City/M~a August 26, 1998 [.. t Disbursement of Police Forfeiture Funds September 1, 1998 City Commission Meeting Agenda Item /-/~ RECOMMENDATION It is recommended that the City Commission adopt the following Motion to Expend Funds from the Police Forfeiture Fund: "Motion authorizing the appropriation of up to $63,000 for radio equipment, twelve laptop computers, air card modems and traffic cones from the Police Forfeiture Fund in accordance with the City Manager's memorandum". BACKGROUND As per the attached Staff Report, the Police appropriate Police Forfeiture Funds as follows: 2. 3. 4. Chief has requested approval to Pumhase five additional radios - $12,000. Purchase twelve additional laptop computers - $36,000. Purchase air card modems for the laptop computers - $12,000. Purchase traffic cones - $3,000. As of July 31, 1998, the Police Forfeiture Fund had a balance of $158,494. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0629-98 CITY OF AVENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM TO: FROM: DATE: SUBJECT: Eric M. ~ka, City Ma.~ger~.~ Thomas E. Ribel, Chief of P~lice August 24, 1998 Use of Forfeiture Funds Florida State Statutes 932.704 & 932.7055 requires that money resulting from forfeitures be maintained in a special law enforcement trust fund, and that the funds be expended only upon request of the Chief of Police to the governing body of the municipality and approval of the governing body. I am requesting City Commission approval for the expenditure of $63,000.00 These items were not originally included in the Capital Budget for this fiscal year. · Radio Equipment $12,000.00 · 12 Laptop Computers $36,000.00 · Air Card modems $12,000.00 · Traffic Cones $ 3,000.00 Total Expenditure Request: $63,000.00 I certify that this requested expenditure complies with Florida State Statute 932.7055 in that: 1. Funds will be used for an appropriate law enforcement purpose. 2. Funds are not being used as a normal source of revenue for the Police Department. 3. Funds were not considered in the adoption and approval of the budget of the Police Department. RADIO EQUIPMENT Five additional handheld radios will be purchased for the Street Crimes Unit and for special operations or emergency management details. This will be a private frequency that will allow for continuous uninterrupted radio usage by Aventura officers only. LAPTOP COMPUTERS The purchase of twelve laptop computers will provide all field personnel a personally assigned laptop computer. AIR CARD MODEMS Fourteen air cards are needed for wireless communications with the laptop computers. TRAFFIC CONES The Motor Squad has requested 300 traffic cones to set up the State certified motorcycle training course. CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission Eric M. Soroka, Ci Robert M. Sherman, D~ Community Serv~ August 25, 1998 Aventura Founders Park Modifications September 1, 1998 City Commission Meeting Agenda Item Recommendation: The City Commission approve by motion the following Founders Park construction plans: modifications to Aventura · Delete the south gatehouse at a savings of $13,848.00 in construction costs. · Add 460 linear feet of architectural fencing on the west property line by the Bay Club to match the fencing around the rest of the park. This item will cost $16,625.00. · Adjust the slope of the north drainage area and move one drainage structure 75 feet to enhance playground safety. This item will cost $3,560.00. · Build the commemorative monument at a cost of $3,495.00. · The net cost of these modifications will be $9,832.00. Background: As the south portion of the park will be open and free to the general public, it will no longer be necessary to build this gatehouse which was designed to collect fees. This portion of the park will still be patrolled by park personnel, have a public phone, and an emergency call box is planned for this portion of the park. The park will still be secured and locked every night. Deleting the gatehouse will not compromise the safety of the public. The costs saved by deleting the gatehouse can be utilized to enhance park security by providing a six foot architectural fence all the way around the property, and enhance playground safety by adjusting the slope of the drainage area, and moving a cast iron City Commission August 25, 1998 Page Two drainage structure further away from the playground area. The commemorative monument honoring the Aventura Founders will cost $3,495.00 to build. If you have any additional questions or need further information, please contact me at your convenience. RMS/gf RMS98077 TO: FROM: DATE: SUBJECT: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM City Commission ~'//~ Eric M. Soroka, CyM~na[~er // ~ August 17, 1998 I,_, ~ Quasi-Judicial Matters Ist Reading September 1, 1998 City Commission Meeting Agenda Item 2nd Reading October 6, 1998 City Commission Meeting Agenda Item Attached hereto, as requested by the City Commission, is an Ordinance requiring the City Commission to avoid publicly expressing their intention to vote for or against a pending quasi-judicial matter. EMS/aca Attachment CC0520-98 ORDINANCE NO. 98- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA (THE "CITY"), AMENDING THE CITY CODE BY AMENDING CHAPTER 34 "PLANNING AND ZONING", BY AMENDING ARTICLE II "QUASI JUDICIAL MATTERS", BY CREATING SECTION 34-33 "PUBLIC STATEMENTS BY COMMISSIONERS" TO REQUIRE THE MAYOR AND COMMISSIONERS TO AVOID PUBLICLY EXPRESSING THEIR INTENTION TO VOTE FOR OR AGAINST A QUASI JUDICIAL MATTER PRIOR TO HEARING; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Commission desires to adopt additional procedural restrictions and safeguards concerning quasi judicial proceedings in planning and zoning matters; and WHEREAS, the City Commission finds that the adoption of this Ordinance will further protect the quasi judicial hearing process. NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. That the City Code of the City of Aventura is hereby amended by amending Chapter 34 "Planning and Zoning", at Article II "Quasi Judicial Matters", by creating Section 34-33 "Public Statements by Commissioners" to read as follows: Section 34-33. Public Statements by Commissioners. (a) The Mayor and Commissioners shall each avoid publicly expressing their intention to vote for or against a pending quasi judicial matter, prior to hearing held pursuant to City Code Section 34-32. A Ordinance No. 98-._ Page 2 quasi judicial matter is pending when an application has been filed pursuant to City Code Section 34-32. (b) The failure to comply with the restriction provided in paragraph (a) of this section shall not invalidate any action or decision of the City Commission so long as the decision or action of the City Commission is supported by competent substantial evidence of record as required by law. (c) Any members of the City Commission violating the standard of conduct set forth above shall be subject to reprimand by the City Commission. The Commission reserves the right, by subsequent ordinance to prospectively implement other sanctions, in the event that the sanction provided for above is not effective in implementing the purposes of this Ordinance. Section 2. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of 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. Ordinance No. 98-__ Page 3 Section 3. Inclusion in the Code. It is the intention of the City Council, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the City of Aventura; that the sections of this Ordinance may be re-numbered or re-lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing seconded by Commissioner vote was as follows: Ordinance was offered by Commissioner who moved its adoption on first reading. The motion was , and upon being put to a vote, the Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice-Mayor Ken Cohen Mayor Arthur I. Snyder The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Harry Holzberg Ordinance No. 98-__ Page 4 Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice-Mayor Ken Cohen Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 1st day of September, 1998. PASSED AND ADOPTED on second reading this __ day of ,1998. ARTHURI. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY 4 TO: FROM: DATE: SUBJECT: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM City Commission Eric M. Soroka, August 28, 1998 Building Moratorium Ordinance Relating to Building Heights Ist Reading August 4, 1998 City Commission Meeting Agenda Item 8 2nd Reading September 1, 1998 City Commission Meeting Agenda Item 9 As per the City Commission's direction, attached please find an Ordinance which establishes a building moratorium on the issuance of development orders concerning any buildings proposed to be constructed to a height in excess of a certain number of stories designated by the City Commission and concerning any buildings which are proposed to be constructed in excess of a height which was previously authorized by a development order or in excess of a height which was permitted as of right under the existing land development regulations. The moratorium should be in effect until the City adopts its own land development regulations, which establishes height requirements. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0610-98 ORDINANCE NO. 98- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA (THE "CITY"), PROVIDING FOR A BUILDING MORATORIUM ON ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS WITHIN THE CITY CONCERNING ANY BUILDINGS PROPOSED TO BE CONSTRUCTED TO A HEIGHT IN EXCESS OF A' CERTAIN NUMBER OF STORIES DESIGNATED BY THE CITY COMMISSION (THE "SPECIFIC HEIGHT THRESHOLD") AND CONCERNING ANY BUILDINGS WHICH ARE PROPOSED TO BE CONSTRUCTED IN EXCESS OF A HEIGHT WHICH WAS PREVIOUSLY AUTHORIZED BY DEVELOPMENT ORDER OR DEVELOPMENT PERMIT OR IN EXCESS OF A HEIGHT WHICH WAS PERMITTED AS OF RIGHT UNDER EXISTING LAND DEVELOPMENT REGULATIONS, EVEN IF NOT PROPOSED TO BE IN EXCESS OF THE SPECIFIC HEIGHT THRESHOLD; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPLACEMENT OF MORATORIA PROVISIONS OF SECTION 33-319, ET. SEQ. OF THE MIAMI-DADE COUNTY CODE FOR THE SPECIFIC MATTERS ADDRESSED HEREIN; PROVIDING FOR EFFECTIVE DATE. WHEREAS, pursuant to Section 8.03 of the Charter of the City of Aventura (the "City"), and City Code Section 34-92, there is presently in effect within the City the land development regulations of Miami-Dade County (the "County Regulations"); and WHEREAS, the City Commission is presently working through its consultants and staff on the preparation of a comprehensive set of Land Development Regulations for the City in accordance with Section 163.3202, Fla. Stat. (the "City Regulations") which, upon implementation, shall serve to control land use and development, so that the public health, welfare and safety is protected and the aesthetic and visual qualities of the City are further enhanced and are protected from impairment; and WHEREAS, a key component of the City's Regulations shall be provisions to control the height of buildings; and Ordinance No. 98-__ Page 2 WHEREAS, the City Commission desires to insure that during the pendency of the necessary study activity, presently underway, for the formulation and implementation of the City's Regulations, that additional development orders and development permits are not issued in the City for buildings in excess of a certain number of stories in height as designated by the City Commission (the "Specific Height Threshold"), or for buildings in excess of a height permitted as of right under existing County Regulations or in excess of a height previously authorized or approved by development order or permit, so that once the City Regulations are prepared and implemented such Regulations will be fully effective in accomplishing the City's purposes; and WHEREAS, in accordance with Section 34-1 of the City Code of the City, the City Commission has been designated as the local planning agency for the City pursuant to Section 163.3174, Fla. Stat.; and WHEREAS, the City Commission has reviewed the moratorium regulations set forth in this Ordinance and has determined that such regulations are consistent with the applicable provisions of the Comprehensive Plan of Miami-Dade County, as made applicable to the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Moratorium Imposed. During the time that this Ordinance is in effect as specified in Section 7 below, there shall be a moratorium upon the issuance of Ordinance No. 98-__ Page 3 Development Orders and Development Permits, as those terms are defined in Section 163.3164, Fla. Stat. (collectively "Development Orders"): 1. concerning development within the City of buildings of a height in excess of 40 stories or 400', whichever is less, (the "Specific Height Threshold"); and 2. concerning development of buildings within the City of a height which is in excess of a height previously authorized by Development Orders or which is in excess of a height which is permitted as of right under existing County Regulations, even if not proposed to be in excess of the Specific Height Threshold. Section 2. Waivers. The City Commission, after a public hearing, may grant a waiver to the moratorium provided above and authorize the issuance of Development Orders for a specific building, where the City Commission determines, based upon substantial competent evidence, that the specific use or activity requested by the waiver application will not detrimentally affect the preparation and implementation of the City Regulations, will be compatible with surrounding land uses, and will not impair the public health, safety or welfare. Section 3. Vested Ri,qhts. (A) Nothing in this ordinance shall be construed or applied to abrogate the vested right of a property owner to complete development where the property owner can demonstrate each of the following: Ordinance No. 98-__ Page 4 (1) A governmental act of development approval was obtained prior to the effective date of this Ordinance; and (2) Upon which the property owner has detrimentally relied, in good faith, by making substantial expenditures; and (3) That it would be highly inequitable to deny the property owner the right to complete the development. (B) Any property owner claiming to have vested rights under this Section 3 must file an application with the City Commission for a vested rights determination within 90 days after the effective date of this Ordinance. The application shall be accompanied by a fee of $1,500.00 and contain a sworn statement as to the basis upon which the vested rights are asserted, together with documentation required by the City and other documentary evidence supporting the claim. The City Commission shall hold a public hearing on the application pursuant to City Code Section 34-32 and City Code Section 34-91, and based upon the evidence submitted shall make a determination as to whether the property owner has established vested rights. Section 4. Appeals. Appeals from final decisions by the Commission under Section 2 or Section 3 of this Ordinance shall be by the filing of a Petition for Certiorari in the Circuit Court of the Eleventh Judicial Circuit in and for Dade County in accordance with the Florida Rules of Appellate Procedure for the review of the quasi- judicial rulings of municipal agencies. 4 Ordinance No. 98- Page 5 Section 5. Exhaustion of Administrative Remedies. No property owner claiming that this Ordinance as applied constitutes or would constitute a temporary or permanent taking of private property or an abrogation of vested rights may pursue such claim in court unless he or she has first exhausted the administrative remedies provided in this Ordinance. Section 6. Replacement of County Code Moratoria Provisions for Specific Matter. Pursuant to City Charter Section 8.03, this Ordinance shall replace the provisions of Section 33-319 et seq. of the Miami-Dade County Code concerning building and zoning moratoria, solely as related to the specific matter of this Ordinance pertaining to the height of buildings as described herein. Section 7. Term. The moratorium imposed by this Ordinance is temporary and shall be effective for a period of 180 days from adoption hereof, unless dissolved earlier by the City Commission. Further, the moratorium shall automatically dissolve upon the adoption of the City Regulations, the formulation and adoption of which shall be expeditiously pursued. The moratorium may be reasonably extended, if necessary. Section 8. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Councilmember Beskin, who moved its adoption on first reading. The motion was seconded by Councilmember Rogers-Libert, and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger absent Commissioner Jay R. Beskin yes Commissioner Harry Holzberg yes Commissioner Jeffrey M. Perlow yes Ordinance No. 98-__ Page 6 Commissioner Patricia Rogers-Libert Vice-Mayor Ken Cohen Mayor Arthur I. Snyder yes yes yes The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice-Mayor Ken Cohen Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 4th day of August, 1998. PASSED AND ADOPTED on second reading this day of .,1998. ATTEST: ARTHUR I. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY 6 CITY OF A VENTURA Ordinance 96-09 Disclosure of Verbal Contact Agenda Item: Item No. '3 f3 of 199~ agenda of the Aventura City Commission. 9 I J / , Date of Verbal Communication: CO/19m , Identity of Person or Entity Making Communication: JEFF h~ Ll. Subject and Substance of Communication: C:r:Jv:;Cl);-tJs,v iJ<. r,c~ UAillhA;Cc- A~IJL"-Ii7.',v Respectfully, Commission or Board Receiving Communication: ,q ~7II(/1) /'1, <?'J( (~il. Member Name Filed this day of {j;:, AJ~ ~ tJ Clerk I Secretary CITY OF AVENTURA Ordinance 96-0~9 Disclosure of Verbal Contact Agenda Item: ~- Item No. ~? of 199 -~ agenda of the Aventura City ~,ommission. Date of Verbal Communication: Identity of Person or Entity Making Communication: Subject and Substance of Communication: Filed this ~ day of Respectfully, Commission or Board Receiving Communication: Name . Member ,19 Clerk / Secretary AVENTURA I:IEIGE[T MORATORIUM PROPOSED INSERT TO ffI~CTION 1 ~ Notwithstanding anythfftg to the contrary above, th~s moratorium shall not apply to any office buildings to bt constructed within a Commercial Zonin~ District, so long as such office building does not exceed a height of 20 stories or 200 feet, whichever is lass. PUBLISHED DAILY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF DADE MHP lheMiami Herald PublishingCompany Before the undersigned authority personally appeared: JANEYANDERSON who on oath says that he/she is" CUSTODIAN OF RECORDS of The Miami Herald, a daily newspaper published at Miami in Dade County, Florida; that the attached copy of advertisement was published in said newspaper in the issues off August 17th 1998 Page 5b Affiant further says that the said The Miami Herald is a newspaper published at Miami, in the said Dade County, Florida and that the said newspaper has heretofore been continuously published in said Dade County, Florida each day and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the flu'st publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspapers(s). ~S~%o' an d id_[~crl~d- be~or~ m~ this ;' -6~h ~f OF October , I998 My Commission Expires: October 17, 2001 Virginia J. Gallon tlBLtC SYATE Ol~ I~IIDA ~ION NO. CC6~28 Notary ()n~ t le~akt i'laxa, Mi m~i, Florida 33132 1693 (305) 350-2111 NOTICE OF ADOPTION OF 'i( BUILDING MORATORIUM/ CONCERNING HEIGHT ? OF BUILDINGS The City of Aventura proposes to adopt the followi~ Ordinance: AN ORDINANCE OF THE CITY OF AVENTU~, FLORIDA (THE "CITY"), PROVIDING FOR~ BUILDING MORATORIUM ON ISSUANCE DEVELOPMENT ORDERS AND DEVELOPMENT A HEIGHT IN EXCESS OF A CERTAIN NUMBER ~O.F~'.2 STORIES PERMITS WITHIN THE CITY~i CONCERNING ANY BUILDINGS PROPOSED TO CONSTRUCTED DESIGNA,,T, ED BY THE CI~' COMMISSION (THE SPECIFIC HEIGH~T5 BUILDINGS WHICH ARE PROPOSED TOBE' CONSTRUCTED IN EXCESS OF A HEIGHT ' WAS PREVIOUSLY AUTHORIZED DEVELOPMENT ORDER OR DEVELOPME~5~ PERMIT OR IN EXCESS OF A HEIGHT WI:HCH W~ PERMITTED AS OF RIGHT UNDER EXISTII~3 LAND DEVELOPMENT REGULATIONS, EVEN NOT PROPOSED ,T.O BE IN EXCESS OF T~ SPECIFIC HEIGHT rHHESHOLD; pROVIDING SEVERABH.ITY; PROVIDING FOR REPLACEMEI~/~:. OF MORATORIA PROVISIONS OF SECTION 33-3~ ET. SEQ. OF T~E MIAMI-DADE COUNTY CODE THE SPECIFIC MATTERS ADDRESSED HERE:!~f PROVIDING FOR EffECTIVE DATE. A Public Hearing for second reading of the Ordinance be held on Tuesday, September 1, 1998, at 7 p.m. at ~ventura Medical Center, located at 21110 BiscaYrO~ Boulevard, Suite 101, Aventura, Florida. The Ordinance may be inspected by the public at the Office City Clerk, 2999 N.E. 191st Street, Suite 500, Florida. Interested parties may appear at the Public and be heard with respect to the proposed. Ordinance~ person wishing to address the Cit~ this Public Hearing is asked to register with the prior to that item being heard. In accordance with the Americans with 1990, a]l persons who are disabled and who need accommodations to participate in this proceeding that disability should conte~t the Office of the City 8901, no later than two business days prior to proceedings. If a person decides to appeal any decision made by the Commissmn w~th respect to any matter conmdered meeting or hearing, that person will need a record of proceedings and for such purpose, may need to ensure tha,~ '~ verbatim record of the proceedings is made, which rec~, includes the testimony and evidence upon which the appea~ ~, to be based Dated this 17th day of August, 1998. q~eresa M. Smith, CMC City Clerk )J~ )[ 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 Octetma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Date County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA PUBLIC HEARING - 9/1/98 APPLICATION NUMBER: 09-SV-98 XXXXX in the ................................................................................ Court, w s ubli h d in ~id newspaper in the issues of Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Date County, Floficta, and that the said newspaper has heretofore been continuously published in said Dude 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 attached copy of .advertisement; and affiant further says that she has neither paid nor promised any or corporation any discou rebate comm' r the purpose of~secu ' g t's adverti on in the said Ocrelma v. Ferbe~r~-OP~, r~:'nownc~rJ~s~reN NUMBER ['~OF F ~'' JUNE 23t2000 GITY OF AVENTURA NOTIOE OF PUBLIO HEARING DATE AND TIME OF PUBLIC HEARING: Tuesday, September 1, 1998 6:00 p.m. APPMCANT NAME: Alien's 2 Go Gourmet Market APPLICANT REQUEST: The applicant. Allen's 2 Go Gourmet Market, is requesting a Sign Vadasoe to allow a second Wall Sign where one (1) Wail Sign is allowed. APPLICATION NUMBER: 09-SV-98 LOCATION OF SUBJECT PROPERTY: 19018 NE 29th Avenue LEGAL DESCRIPTION: Tracts 'A". 'B' and 'C". Regina Square Subdivision. according to the Plat thereof recorda~ in Plat Book 113, page 27 of the Public Records of bade County, Florida, less that oortion of Tract "A' shown as Waiver of Plat D-14317. SfZE OF SUBJECT PROPERTY: Approximately 5.41 sores Plans are on file and may be examined durin[~ regular business cours in the City of Aventura. Community Developrnent Deoartment, 2999 NE 191 Street, SAte 500. Aventura, Flotida. 33180. Plans may be modified al or before the Public Heating. The application may change during the heating process. The Public Hearing will be held at Aventura Medical Ads Building, 211 tO Biscayne Boutevard. Suite 101, Aventura, Florida: 33'[80. YOUr comments may De made in Demon at the hearing or filed in writing ~rior to the hearing date. Refer to applicant/property on correspond- ence and mall same to City of Aventura, Community Development Department. 2999 NE 191 Street, Suite 500. Aventura. Florida, 33180. For further information, please call (305) 466-8940. tn accordance with the Americans with Disabilities Act of 1990. all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the City Clerk. 466-8901. not tater than two business days pnor to such oroceedings. If a person decides to appeal any decision made by the City Comm~salon with respect to any matter considered at a treating or h~arlng, that person will need a record of the proceedings and, for SUCh p~Jrpose, may need to ensure that a Verbatim record of the proceedings is made, which record includes the testimony ano evidence upon which the appeal is to be based. Teresa M. Smith, CMC, City Clerk 9~-3-082182M 8~21 MIAMI DALLY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Sefore the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dada County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA PUBLIC HEARING - 9/1/98 APPLICATION NUMBER: 10-SV-98 - XXXXX Court in the ................................................................................ , w s published in said n wspaper in the issues of 21, 19 8 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 Dada 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 Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any pq ' or corporation any disco rebate, commi or the purpose of sec g this adverti ion in the said new per S oand crt emet OctelmaV. Ferbey~.~n~'1 ~Wn~c~j~s~oN i'=UMP, ER I I ~OF~:' )''' JUNE 2312000 I CITY OF AVENTURA NOTICE OF PUBLIC HEARING DATE AND TiME OF PUBLIC HEARING: Tuesday, September 1, 1998 APPLICANT NAME: Washington Mutual APPLICANT REQUEST: The applicant, Washington Mutual is requesting 1) Sign Vatianse to allow a second Wall Sign larger than that allowed by Code: and 2) Sign Variance to allow a third Wall Sign where only two Wall Signs are allowed. APPLiCaTION NUMBER: 10-SV-98 LOP..J~ OF . · SUII~ PROPERTY: 19495 Biscayne Boulevard LEG~)ESCRIPTION: Tract Q. Avertt~ra 6th'Addition PB 120-20 SIZE~OF SUBJECT · PROPERTY: Approximately 97.962 a~ras Plans are on file an;I may be examined durteg mguinr business ~,urs in the ~ity of A~ntura, Community Development Department. 2999 NE 191~trae~. Suite 5~, Averd~a, Florida. 33180. Plan~ay ~e modified ,at or before the Pu~c Hearing Ti~e~may change during~the headng process. ~The Public Hearing will be held at Aventura Medical Arts B?iding, 21110 Biscaynd B~u~ard. ~uite 101, Aventura, Florida. 33180. Your e~,~ents r~ay be mede.th pe_moq at the headng or tiled in writing prior (o the ~earipg da(e.' Refer to applicant/properly on corres- pondence and mail same to City of Aventura. Community Develop- ment Department 2999 NE 191 Street. Suite 500, Aventura, Florida. 33180. For further information, plesse cell (305) 466-8940. In accordance with the Amedcase with Disabilriies Act of 1990. all ~ersons who are disabled ane who nasd special accommodations to Dariloipate in this proceeding oecause of that disability should contact me Office of the City Clerk, 466-8901, not later man two business days crier to SUCh proceedings. If a person decides to appea~ any dec, sion made by the City Oomreiss~on with respec; to any mat~er considered at a meeting or hearing, that person will need a record of the oroceedings and, for proceedings is made, which reccro includes the tsstlmony ano evidence upon which the appeal is to be based. Teresa M. Smith, CMC, City Clerk 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 Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dada County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA PUBLIC HEARING - 9/1/98 APPLICATION NUMBER: 08-VAR-98 i. the ...................... - .~. - ..~..~. '~" ' '~' ' ....................................... Court, was published in said newspaper in the issues of Aug 21, 1998 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dada County, Flodda, and that the said newspaper has heretofore been continuously published in said Dada 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 publicattan of the attached copy of .advertisement; and affiant further says that she has neither paid nor promised any per ' or corporation any d scou ~bate commi · r the purpose ~OfewSseCUrer' this advertise n in the said 21 ....... day ........................................... A.D. 19 ...... ~<. JANET-iFLL~ENA 1' OF L° Ju. 2 ,2o0o I CITY OF AVENTURA NOTICE OF PUBLIC HEARING DATE AND TIME OF PUBLIC HEARING: APPLICANT HAME: APPLICANT REQUEST: APPLICATION NUMBER: LOCATION OF SUBJECT PROPERTY: LEGAL DESCRIPTION: Tuescay, September 1, 1998 6:00 p.m. Two Islands Devaic~pment Corp. The aoplicant is requesting a non-use variance to waive the requuernent for a sidewalk on both sides ol the street. The applicant proposes [o construct a sidewalk on only one (1) side of the street within the devaiAoment known as 'Island Estates." 08-VAR-98 East of Williams Island on-the s~uthern- most island in Dumfoundling Bay. Tract 'A', "Two Islands in Dumfoundli~g Bay', according to the plat ,~hemof as re- core, aa in Plat Book 141, at Page 66, of the Public Records of Dada County, Florida. Plans are on fila ancl may be examined dudng regular b~sinees hours in the City of Aventura, Community Development Department, 2999NE 191 Stm~, Suite 500, Aventura, Florida, 33180. plans may ~e modified at or before the Public He~ng. The application mey~ The Public Hearing will be haid ~t Avemura Medical Arts Building, 21110 Biscayne Boulevard, Suite 101, Aventura, Fio¥~dlt, 33t_80. Your comments may be made in person at the hearing or filed i~ writing prior to ~ he~¥ing clat~.~ Refer 'to · ap~m/mn--~n'es; pondenca and mail same to City of Aventura, Community Develop- ment Department, 2999 NE 191 Street, Suite 500, Aventura, Fio~da. 33180. For further information, ploase call (305) 466-8940. In accordanCe with the Americans with Disabilities Act of 1990, ail persons who ere disabled and who need special 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 ~rior to such prcoesdings. II a person decides to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing, that person will need a record of the procaedings and, for such purpose, may ~eed to ensure that a verbatim record of the procseamgs is maae, which record includes the testimony aaa evidence upon which the appeal is to be based. Teresa M. Smith, CMC, City Clerk 8/21 98-3-082~ ~4M