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01-05-1999 CC Meeting AgendaCity of Aventura Cit~ Commission Arthur I. Snyder, Mayor Harry Holzberg, Vice Mayor Arthur Berger Jay R. Beskin Ken Cohen Jeffrey M. Perloxv Patricia Rogers-Libert Ci~ Manager Eric M. Soroka c/tv CterS Teresa M. Smith, CMC Ci0, Attorne~ Weiss Serota Helfman Pastoriza & Guedes AGENDA Commission Meeting January 5, 1999 - 6:00 P.M. Biscayne Medical Arts Center 21110 Biscayne Boulevard Suite 101 Aventura, Florida 33180 1. CALL TO ORDER~ROLL CALL 2. PLEDGE OF ALLEGIANCE $. 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 sworn before addressing the ConUmssion, and if you wish to address the Commission, you may be subject to cross-examination. 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 COMIvlUNICATIONS PURSUANT TO ORDINANCE 96-09 APPLICANT: CAR WASH H, INC. (SIMONIZ CAR WASH) (It is anticipated that this item will be deferred) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLOR1DA ABANDONING AN UNIMPROVED SEGMENT OF NE 208 TERRACE AND AN UNIMPROVED SEGMENT OF 10' WIDE ALLEY; PROVIDING FOR RECORDATION; PROVIDING AN EFFECTIVE DATE. January 5, 1999 Commission Meeting 4. APPROVAL OF MINUTES: LPA Meeting LPA Meeting Commission Meeting July 20, 1998 December 15, 1998 December 15, 1998 $. AGENDA: Request for Deletions/Emergency Additions 6. SPECIAL PRESENTATIONS: CERTIFICATES OF APPOINTMENT - BEAUTIFICATION ADVISORY BOARD 7. CONSENT AGENDA: Ao A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AMENDMENT TO WORK AUTHORIZATION NO. 15414.39 FOR WILLIAMS ISLAND BOULEVARD CONSTRUCTION SERVICES BY AND BETWEEN THE CITY OF AVENTURA AND KEITH AND SCHNARS, P.A.; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (Authorizes execution of amendment to work authorization for construction services on Williams Island Boulevard) 8. PUBLIC HEARING: ORDINANCES -FIRST READING: None 9. PUBLIC HEARINGS: ORDINANCES - SECOND READING: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY CREATING ARTICLE V "CONSTRUCTION SITES" CONSISTING OF SECTION 14-100 "SECURING OF CONSTRUCTION SITES", OF CHAPTER 14 "BUILDINGS AND BUILDING REGULATIONS" TO PROVIDE FOR SECURING OF ACCESS TO AND MATERIALS AT CONSTRUCTION SITES WITHIN THE CITY; PROVIDING FOR AUTHORITY AND LEGISLATIVE FINDINGS, INTENT AND PURPOSE, OBJECTIVES, PROHIBITIONS, DEFINITIONS, ADMINISTRATION; PROVIDING PENALTY; PROVIDING SEVERABILITY; PROVIDING INCLUSION IN CODE; PROVIDING EFFECTIVE DATE . AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 26 "ELECTIONS" AT ARTICLE H "CITY COMMISSION AND MAYOR" BY CREATING SECTION 26-32 "COMMENCEMENT OF TERM OF ELECTED OFFICIALS"; PROVIDING FOR COMMENCEMENT OF TERM OF January 5, 1999 Commission Meeting OFFICE OF ELECTED OFFICIALS OF THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. '[0. RESOLUTIONS: None 'l 1. OTHER BUSINESS: DISCUSSION AND POSSIBLE MOTION TO PREPARE RESOLUTION REQUESTING THE FEDERAL GOVERNMENT TO CONSTRUCT A POST OFFICE IN THE CITY OF AVENTURA (Commissioner Rogers-Libert) 1 2. REPORTS 'l 3. PUBLIC COMMENTS 1 ~1. ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS: COMMISSION WORKSHOP COMMISSION MEETING JANUARY 19, 1999 FEBRUARY 2, 1999 9 A.M.* 6 P.M. ** *Governmem Center 2999 NE 191~t Street Suite 500 **Biscayne Medical Arts Building 21110 Biscayne Blvd. Suite 101 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: City Commission Eric M. Soroka, Brenda Kelley, CSmmb, December 29, 1998 irevelopment Directo~ SUBJECT: Request of Car Wash II, Inc. (Simoniz Car Wash) for variance from the City's Sign Ordinance to allow miscellaneous signage. (01-SV-99) January 5, 1999, City Commission Meeting Agenda Item. ~-/~ The applicant, Car Wash II, Inc. (Simoniz Car Wash) had applied for miscellaneous sign variance requests. The applicant submitted additional information after the item was noticed for public hearing. The public hearing noticing requires additional information and must be re-advertised prior to a public hearing. December 30, 1998 V~IA FACSIMIL~ T ,,I~NSMISSION MS. Brenda Kelley, City of Aventura Community Development Department 2999 N.E. 191st Street Suite 500 Aventura, Florida 33180 Re: Wash Depot II, Inc. d/b/a $~moniz Car Wash, et al. - Applica%ion for Sign Variance Dear Brenda: Pursuant to our telephone conversa=ion this date, you have informed me that the V-shaped monument sign where now placed would require a variance that was not put in the publication. I have to check with my client to see where they want the actual V-shaped monument sign placed. Under the circumstances, until this situation is resolved, this matter wil~ need to be deferred to the February 2, 1999 agenda. Thank you for pointing this matter out to us. MICHA~J. SNYDER, ESQ. MJS:tlh Enclosures cc: Wash Depot II, Inc. CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission Eric M. Soroka,~ Brenda Kelley, Con' December 29, 1998 ~j~ Development Direct(~ Request of Aventura Corporate Center for Abandonment of Public Right- of-Way. (01-AR-99) January 5, 1999 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission deny the abandonment petition because all public interest in the subject property may not be satisfied. The City Commission has established previous policy relating to abandonment of right-of-way that provides a contribution to the City which meets public interest needs or improves traffic circulation. THE REQUEST The applicant is requesting abandonment of an unimproved, 138-foot segment of NE 208 Terrace and an unimproved, 205-foot segment of 10' wide alley. The applicant is requesting this abandonment to facilitate a replatting of the Aventura Corporate Center property. BACKGROUND OWNER OF PROPERTY LOCATION OF PROPERTY City of Aventura Unimproved NE 208 Terrace extending from NE 30 Avenue to the west approximately 138 feet, and an unimproved alley extending from the previously described right-of-way of NE 208 Terrace north approximately 205 feet to NE 209 Street. SIZE OF PROPERTY Approximately 9,040 square feet (0.20 acres). LEGAL DESCRIPTION All that portion of NE 208 Terrace (Formerly known as North Golden Drive) lying between Blocks 10 and 11 of HALLANDALE PARK No. 9, according to the plat thereof, as recorded in Plat Book 23 at Page 26 of the Public Records of Dada County, Florida, which lies West of the Southerly projection of the East line of said Block 10 and East of the Southerly projection of the West line of Lot 37, Block 10 of said plat of HALLANDALE PARK No. 9. and That certain 10 foot wide Alley in Block 10, HALLANDALE PARK No. 9 according to the plat thereof, as recorded in Plat Book 23 at Page 26 of the Public Records of Dada County, Florida, which lies West of the Southerly projection of the east line of said Block 10 and east of the Southerly projection of the West line of Lot 39, Block 10 of said plat of HALLANDALE PARK No. 9. Zoning Subject Property: Property to the North: Property to the South: Property to the East: Property to the West: OPD (Office Park District) BU-1A (Limited Business) RU-2 (Two family Residential) BU-1A (Limited Business) RU-2 (Two family Residential) PAD (Planned Area Development) BU-1 (Neighborhood Business) BU-1A (Limited Business) Existing Land Use Subject Property: Property to the North: Property to the South: Property to the East: Property to the West: office park commercial vacant; and commercial residential commercial 2 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 Medium High Density Residential Business and Office The Site - The Aventura Corporate Center consists of two office buildings and two parking structures on a 10-acre site. A public right-of-way for unbuilt NE 208 Terrace is located at the east end of the site. A second right-of-way parcel is comprised of a 205- foot segment of an unimproved 10-foot wide alley extending from the NE 208 Terrace segment north to NE 209 Street. The Project - The abandonment request was brought forth in connection with a request from the petitioner to replat the Aventura Corporate Center property to facilitate refinancing. The petitioner has deferred consideration of the request for final plat pending the outcome of this request. BACKGROUND The applicant submitted a request for final plat to assemble three tracts and seventeen small lots into a single, legal building site in one subdivision. This replatting requires the abandonment, by the City, of the two subject properties. ANALYSIS Before a right-of-way, or any portion of right-of-way, is abandoned by a public agency, all public interest in it must first be extinguished or satisfied. Public interest can include, but is not limited to, maintaining an appropriate traffic circulation system, maintaining adequate landscaping, aesthetics, and ensuring that utility and access easements remain available if needed. Roadway Level of Service - Because the existing right-of-way of NE 208 Terrace forms a dead-end approximately 138 feet east of NE 30 Avenue, the potential transportation benefit of the property is negligible. The potential transportation benefit of the alley is also very limited for similar reasons. Thus, the abandonment will have no impact on future transportation levels of service. Utility Easements - The existing right-of-way of NE 208 Terrace now contains a 10- foot wide utility easement. No utilities are located in this easement. The applicant proposes to dedicate a new 10-foot wide utility easement adjacent to NE 209 Street as a part of the replatting of the Aventura Corporate Center. The proposed new easement is more conducive to the efficient installation and maintenance of future infrastructure. Landscaping - The two right-of-way parcels contain no landscaping and are currently vacant. There is a need for further landscaping to enhance the aesthetics of the area. The applicants were requested to donate $78,919.20 to the City for beautification along NE 30 Avenue and NE 207 Street, an amount equal to the estimated value of the public land ($8.73 per square foot) as determined by the assessed value of nearby private parcels of comparable size. The applicants declined to offer this donation. RECOMMENDATION It is recommended that the City Commission deny the abandonment petition because all public interest in the subject property may not be satisfied. The City Commission has established previous policy relating to abandonment of right-of-way that provides a contribution to the City which meets public interest needs or improves traffic circulation. CONDITIONS Should the City Commission elect to approve the petition for abandonment of public right-of-way, it is recommended that the abandonment be subject to the following condition: 1. That applicant receives final plat approval from the City, for the Aventura Corporate Center, within 180 days after the approval of the abandonment. 4 Sl. POND IENEATIVE PLAT AVENTURA CORPORATE CENTER THE FORD COMPANtES December 22, 1998 Ms. Brenda Kelly, Director City of Aventura Community Development Department 2999 NE 191st Street, Suite 500 Aventura, FL 33180 Re: Public Hearing Application for Abandonment of Right-of-way LaSalle U.S. Realty Income and Growth Fund, Inc. Dear. Ms. Kelly: This letter will serve as our Letter of Intent regarding the above-referenced matter. We are hereby requesting to abandon, vacate, close and otherwise discontinue from public use tha!thPortion of the public right-of-way for NE 208th Terrace, lying a~,,d running west of NE 30 Avenue for approximately 163 feet (the "Subject Right-of-way ) where it "dead-ends" at the Aventura Corporate Center property owned by LaSalle U.S. Realty Growth and Income Fund, Inc. Additionally, the Subject Right-of-way is also bounded on its north and south sides by the Aventura Corporate Center property. A sketch showing the location of the Subject Right-of-way is attached hereto as Exhibit "A". The Subject Right-of-way, consisting of approximately 8,800 SF, is a portion of the right- of-way formerly known as North Golden Drive (now NE 208th Terrace) that was dedicated by the plat of Hallandale Park No. 9 (PB 23 at Page 26) in June of 1926. That portion of the fight-of-way lying between NE 30th Avenue and Biscayne Boulevard, except for the Subject Right-of-way, was closed, vacated and abandoned in December of 1984 by the plat of Biscayne Waterways First Addition (PB 126 at Page 18). At no time has the Subject Right-of-way ever been paved or otherwise improved for use by the general public for vehicular, pedestrian or any other form of traffic. To this day, the Subject Right-of-way remains unimproved and is overgrown with plants, trees, and shrubs and is totally indiscernible from the vacant portion of the Aventura Corporate Center property into which it protrudes. So much so, that the owners of Aventura Corporate Center have in the past cleared the Subject Right-of-way of overgrown brush and debris along with the vacant portions of their property. EXHIBIT #1 01-AR-99 950 IVW 94th AVEIVUE · 2nd FLOOR · MIAMI, FL. - 33172 ,TELEPHONE: 305.477.6472 http://www, fordco.com Ms. Brenda Kelly December 22, 1998 Page 2 If this application is approved, the owners of Aventura Corporate Center hope to incorporate the Subject Right-of-way into their property by way of a Final Plat that is pending approval by the City of Aventura and Miami-Dade County. Approval of this application shall serve to benefit the public by allowing Aventura Corporate Center to acquire a parcel of property that has remained unused, unimproved and badly maintained throughout the years. Also, this will increase the City of Aventura's tax base, as Aventura Corporate Center shall have to pay real property taxes on Subject Right-of-way parcel that was previously public property. Based on the foregoing, we respectfully request your department's favorable review and recommendation of this application. Should you have any questions or require additional information, do not hesitate to contact me. Thank you for your department's usual courtesy and consideration. ( Jose'l~n, Chief Development Consultant ~,~e Firm Attachment Cc: Erika K. Cizek DADE COUNTY 203 ST. 201 TER. AVENTURA Ma/l 192 ST, YACHT CLUB DR. .~/~---h-~R~--'COVE SUBJECT ~no PERT~.~-[~ WATERWAYS 9~D.~ CLUB DR. of Aventura 188 ST. 331 LEGEND ..... ZIP Roadways City Boundary 01-AR-99 RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ABANDONING AN UNIMPROVED SEGMENT OF NE 208 TERRACE AND AN UNIMPROVED SEGMENT OF 10' WIDE ALLEY; PROVIDING FOR RECORDATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Applicant, Aventura Corporate Center, through Application No. 01-AR-99, has requested abandonment of an unimproved, 138-foot segment of NE 208 Terrace and an unimproved, 205-foot segment of 10' wide alley, in Aventura, Florida; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Application No. 01-AR-99 for abandonment of unimproved NE 208 Terrace extending from NE 30 Avenue to the west approximately 138 feet, and an unimproved alley extending from the previously described right-of-way of NE 208 Terrace north approximately 205 feet to NE 209 Street, more legally described as follows: All that portion of NE 208 Terrace (Formerly known as North Golden Drive) lying between Blocks 10 and 11 of HALLANDALE PARK No. 9, according to the plat thereof, as recorded in Plat Book 23 at Page 26 of the Public Records of Dade County, Florida, Resolution No. 99- Page 2 which lies West of the Southerly projection of the East line of said Block 10 and East of the Southerly projection of the West line of Lot 37, Block 10 of said plat of HALLANDALE PARK No. 9. and That certain 10 foot wide Alley in Block 10, HALLANDALE PARK No. 9 according to the plat thereof, as recorded in Plat Book 23 at Page 26 of the Public Records of Dade County, Florida, which lies West of the Southerly projection of the east line of said Block 10 and east of the Southerly projection of the West line of Lot 39, Block 10 of said plat of HALLANDALE PARK No. 9. is hereby granted subject to the following conditions: 1. That applicant receives final plat approval from the City, for the Aventura Corporate Center, within 180 days after the approval of the abandonment. Section 2. The City Manager is authorized to indicate such approvals and conditions upon the records of the City. Section 3. This Resolution shall be recorded in the Public Records of Miami- Dade County, Florida, with the petitioner to pay the costs thereof. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by adoption. The motion was seconded by vote, the vote was as follows: , who moved its , and upon being put to a Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Resolution No. 99- Page 3 Vice Mayor Harry Holzberg Mayor Arthur I. Snyder PASSED AND ADOPTED this 5th day of January, 1999. 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 January, 1999. CITY CLERK MINUTES LOCAL PLANNING AGENCY MEETING TUESDAY, JULY 20, 1998 7:00 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 7:00 p.m. by Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Jay R. Beskin, Harry Holzberg, Patricia Rogers-Libert, Jeffrey M. Perlow, Vice Mayor Ken Cohen, Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Smith, and City Attorney Stephen J. Helfman. As a quorum was determined to be present, the meeting commenced. 2. ELECTION OF CHAIR AND VICE CHAIR: Commissioner Perlow nominated Mayor Snyder as Chair and Vice Mayor Cohen as Vice Chair. The nominations were seconded by Commissioner Holzberg and unanimously passed. 3. PUBLIC HEARINGS: RESOLUTION: Mr. Helfman read the following resolution by title: A RESOLUTION OF THE CITY OF AVENTURA LOCAL PLANNING AGENCY RECOMMENDING ADOPTION AND TRANSMITTAL OF THE CITY OF AVENTURA COMPREHENSIVE PLAN, ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR EFFECTIVE DATE. Mayor Snyder opened the public hearing. The following individuals addressed the LPA: Gary Dickens, Ivey, Harris & Walls; Leonard Geller; Leonard Brenner; Donald Brodey; Danny Katz; Rubin Steiner; representative of Gulfstream Park; George Berlin; Harry Crook. There being no further speakers, the public hearing was closed. A motion for approval was offered by Commissioner Rogers-Libert, seconded by Vice Mayor Cohen, unanimously passed and Resolution No. 98-63 LPA was adopted. 4. ADJOURNMENT. There being no further business to come before the Local Planning Agency at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 8:15 p.m. Teresa M. Smith, CMC, City Clerk Approved by the Local Planning Agency on Anyone wishing to appeal any decision made by the Local Planning Agency 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. 2 MINUTES LOCAL PLANNING AGENCY MEETING TUESDAY, DECEMBER '15, '1998 5:45 P.M. Biscayne Medical Arts Building 21110 Biscayne Boulevard Suite 101 Aventura, Florida 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 5:45 p.m. by Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Jay R. Beskin, Ken Cohen, Jeffrey M. Pedow, Patricia Rogers-Libert, Vice Mayor Harry Holzberg, Mayor Snyder, City Manager Edc M. Soroka, City Clerk Teresa M. Smith, and City Attomeys Richard Jay Weiss and David M. Wolpin. As a quorum was determined to be present, the meeting commenced. Paul Libert led the pledge of allegiance. 2. PUBEC HEARINGS: RESOLUTION: Mayor Snyder read the following resolution by title: A RESOLUTION OF THE CITY OF AVENTURA LOCAL PLANNING AGENCY RECOMMENDING FINAL ADOPTION AND TRANSMITTAL OF THE CITY OF AVENTURA COMPREHENSIVE PLAN, ATTACHED HERETO AS EXHIBIT "A"; PROVIDING FOR EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert and seconded by Commissioner Beskin. Mayor Snyder opened the public hearing. There being no speakers, the public headng was closed. The motion for approval passed unanimously and Resolution No. 98-98LPA was adopted. 4. ADJOURNMENT. There being no further business to come before the Local Planning Agency at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 5:50 p.m. Teresa M. Smith, CMC, City Clerk Approved by the Local Planning Agency on Anyone wishing to appeal any decision made by the Local Planning Agency 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. MINUTES CITY COMMISSION MEETING TUESDAY, DECEMBER 15, 1998 6:00 P.M. Biscayne Medical A~s Center 211'10 Biscayne Boulevard Suite 10'1 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 ware Commissioners Arthur Berger, Jay R. Beskin, Ken Cohen, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Harry Holzberg, Mayor Snyder, City Manager Eric M Soroka, City Clerk Teresa M. Smith, and City Attorneys Richard Jay Weiss and David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. 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 these hearings were sworn in by the City Clerk. A. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING SITE PLAN APPROVAL FOR A SELF-SERVICE STORAGE FACILITY IN A BU-2, SPECIAL BUSINESS DISTRICT AS REQUIRED PURSUANT TO SECTION 33-247(38) OF THE MIAMI-DADE COUNTY CODE; GRANTING A VARIANCE FROM CHAPTER 33 OF THE MIAMI-DADE COUNTY CODE TO ALLOW A FLOOR AREA RATIO OF 1.66, WHERE A MAXIMUM FLOOR AREA RATIO (FAR) OF 0.84 IS ALLOWED; GRANTING A VARIANCE FROM CHAPTER 33 OF THE MIAMI-DADE COUNTY CODE REQUIRING A DECORATIVE MASONRY WALL AT LEAST FIVE (5) FEET IN HEIGHT ERECTED ON THE BUSINESS LOT OF THE COMMON PROPERTY LINE ADJACENT TO RESIDENTIAL PROPERTY WHERE A PROVISION OF CHAINLINK FENCE IS PROPOSED ON THE REAR PROPERTY LINE; GRANTING SPECIAL EXCEPTION APPROVAL FROM CHAPTER 33 OF THE DADE COUNTY CODE REQUIRING THAT RESIDENTIAL USES ARE SUBJECT TO PUBLIC HEARING APPROVAL IN A BU-2, SPECIAL BUSINESS DISTRICT WHERE A PROVISION OF A MANAGER'S APARTMENT ON SITE IS PROPOSED; DENYING A VARIANCE FROM SIGN ORDINANCE NO. 97-17 PERMITTING WALL SIGNS ONLY ON BUILDINGS WHERE THE MAJORITY OF THE FLOOR AREA IS IN RETAIL USE WHERE A PROVISION OF TWO (2) WALL SIGNS IS PROPOSED FOR A NON- RETAIL USE FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF UNIMPROVED MIAMI-GARDENS DRIVE EXTENSION AND JACK SMITH BOULEVARD; PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Cohen and seconded by Vice Mayor Holzberg. Brenda Kelley, Community Development Director, explained the request of the applicant and entered the staff report into the record. Mayor Snyder opened the public hearing. The following individuals addressed the Commission: Ronald Shapo, Esq., 200 S. Biscayne Blvd., on behalf of the applicant; Bruce Manley, developer; Dan Eichmann, Commodore Plaza; Jan Brooks, Williams Island; Edward Rojas, Imperial Club; Eric Silverman, 17970 NE 31st Court; William Landa, 19355 Turnberry Way. There being no further speakers, the public hearing was closed. The motion for approval failed, 1-6, with Commissioner Cohen voting yes. B. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING A SIGN VARIANCE FOR BUSY BODY INC., LOCATED AT 21155 BISCAYNE BOULEVARD, TO PERMIT THE ERECTION OF A SECOND WALL SIGN ON THE SOUTH ELEVATION, SIGN SIZE NOT TO EXCEED 88 SQUARE FEET, WHERE ONE (1) WALL SIGN IS ALLOWED BY CODE; PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Berger and seconded by Commissioner Perlow. Ms. Kelley explained the request of the applicant and entered the staff report into the record. She then stated that the applicant had submitted a letter of agreement relative to "thru-store" designation and signage and requested staffs approval thereof. Mr. Soroka indicated that staff would not be in a position to make recommendation at this time, having just received the letter. Mayor Snyder opened the public hearing. The following individual addressed the Commission: Ben Fernandez, Esq., 200 S. Biscayne Blvd., on behalf of the applicant. There being no further speakers, the public hearing was 2 closed. At the request of Mr. Fernandez and upon advice of Mr. Wolpin, a motion for deferral was offered by Commissioner Beskin, seconded by Commissioner Rogers-Libert and unanimously passed. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING RELEASE OF MIAMI-DADE COUNTY RESOLUTION NO. 3166 WHICH GRANTED SPECIAL PERMIT APPROVAL TO ALLOW A CHILDREN'S AMUSEMENT PARK, ZOOLOGICAL GARDEN AND CIRCUS WINTER QUARTERS ON THE PROPERTY; APPROVING REZONING OF THE PROPERTY FROM IU- 1, LIGHT INDUSTRIAL DISTRICT TO RU-4M, MODIFIED APARTMENT HOUSE DISTRICT; GRANTING VARIANCE FROM CHAPTER 33 OF THE MIAMI-DADE COUNTY CODE TO PERMIT A TOTAL LOT COVERAGE OF 32.66% WHERE A MAXIMUM LOT COVERAGE OF 30% IS ALLOWED FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF NE 28 COURT AND NE 185 STREET; PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Holzberg and seconded by Commissioner Perlow. Ms. Kelley explained the request of the applicant and entered the staff report into the record. Mayor Snyder opened the public hearing. The following individuals addressed the Commission: Clifford Schulman, Esq., 1221 Brickell Avenue and Bruce Farrity, on behalf of the applicant. There being no further speakers, the public hearing was closed. An amendment was offered by Commissioner Rogers-Libert, seconded by Commissioner Perlow and unanimously passed that a provision be included that garages be permanently maintained in the condition they are originally developed. The motion for approval, as amended, passed unanimously and Resolution No. 98-99 was adopted. Commissioners Perlow and Beskin left the room at this time. D. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING MODIFICATION OF A PREVIOUS APPROVAL TO ALLOW THE EXPANSION OF AN EXISTING DAY- CARE/PRE-SCHOOL/ELEMENTARY SCHOOL FOR PROPERTY LOCATED AT 20400 NE 30 AVENUE; PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert and seconded by Vice Mayor Holzberg. Ms. Kelley explained the request of the applicant and entered the staff report into the record. Mayor Snyder opened the 3 public hearing. The following individuals addressed the Commission: Stanley Price, Esq., 2500 First Union Financial Center; Lisa Blair, 19101 Mystic Point Drive, both on behalf of the applicant. There being no further speakers, the public hearing was closed. The motion for approval passed unanimously and Resolution No. 98-100 was adopted. Commissioners Perlow and Beskin returned to the meeting at this time. MOTION TO APPROVE REQUEST BY JOSEPH B. KALLER FOR WAIVER FROM MORATORIUM, SUBJECT TO CONDITIONS AS OUTLINED IN CITY MANAGER'S MEMORANDUM DATED DECEMBER 9, 1998 Mr. Soroka stated that this item has been removed from the agenda at the request of the applicant. MOTION TO APPROVE REQUEST BY NORMAN LEOPOLD FOR WAIVER FROM MORATORIUM, SUBJECT TO CONDITIONS AS OUTLINED IN CITY MANAGER'S MEMORANDUM DATED DECEMBER 9, 1998 A motion for approval was offered by Commissioner Rogers-Libert and seconded by Commissioner Beskin. Ms. Kelley explained the request of the applicant and entered the staff report into the record. Mayor Snyder opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously. 3. APPROVAL OF MINUTES: A motion to approve the minutes of the November 17, 1998 Commission Meeting, and the December 10, 1998 Workshop meeting was offered by Commissioner Perlow and seconded by Commissioner Berger. Commissioner Beskin offered an amendment, seconded by Commissioner Rogers- Libert and unanimously passed, that the Workshop Meeting minutes be amended to provide in paragraph 5 for the design of an entrance feature at 213th Street/Biscayne Blvd. and inquire as to the feasibility of constructing an entrance feature at 178th Street/Biscayne Blvd. The motion for approval, as amended, was unanimously approved. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: Commissioner Cohen requested removal of items 7-F and 7-H and Commissioner Beskin requested removal of items 7-A, 7-G and 7-K, all from the Consent Agenda. 5. SPECIAL PRESENTATIONS: None. 4 6. CONSENT AGENDA: Commissioner Rogers-Libert disclosed her conflict of interest relative to item 7-B, filed the appropriate notice of disclosure and abstained from the vote on that item only. A motion to approve the items remaining on the Consent Agenda was offered by Commissioner Perlow, seconded by Commissioner Beskin, unanimously passed and the following items were approved: B. Resolution No. 98-101 was adopted: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SELECTING THE FIRM OF WALLACE ROBERTS & TODD TO PERFORM PROFESSIONAL PLANNING SERVICES RELATIVE TO ISQ NO. 98-10-28-2, COMMUNITY REDEVELOPMENT DISTRICT FEASIBILITY STUDY; 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 SELECTED FIRM BE UNSUCCESSFUL; AND PROVIDING AN EFFECTIVE DATE. C. Resolution No. 98-102 was adopted: 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 HALLANDALE 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 D. Resolution No. 98-103 was adopted: 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 BAL HARBOUR VILLAGE 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. E. Resolution No. 98-104 was adopted: 5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA BEAUTIFICATION ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE. I. Resolution No. 98-105 was adopted: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE ATrACHED CHANGE ORDER FOR BID NO. 98-2-2-2 BY AND BETWEEN THE CITY AND M. VILA & ASSOCIATES, INC.; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. J. Resolution No. 98-106 was adopted: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ADJUSTING THE 1997/98 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. The following items were removed from the Consent Agenda and addressed separately: A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY CREATING ARTICLE V "CONSTRUCTION SITES" CONSISTING OF SECTION 14-100 "SECURING OF CONSTRUCTION SITES", OF CHAPTER 14 "BUILDINGS AND BUILDING REGULATIONS" TO PROVIDE FOR SECURING OF ACCESS TO AND MATERIALS AT CONSTRUCTION SITES WITHIN THE CITY; PROVIDING FOR AUTHORITY AND LEGISLATIVE FINDINGS, INTENT AND PURPOSE, OBJECTIVES, PROHIBITIONS, DEFINITIONS, ADMINISTRATION; PROVIDING PENALTY; PROVIDING SEVERABILITY; PROVIDING INCLUSION IN CODE; PROVIDING EFFECTIVE DATE. 6 A motion for approval was offered by Commissioner Perlow, seconded by Commissioner Rogers-Libert and unanimously passed by roll call vote. Commissioner Berger was absent from the room for this vote. F. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 26 "ELECTIONS" AT ARTICLE II "CITY COMMISSION AND MAYOR" BY CREATING SECTION 26-32 "COMMENCEMENT OF TERM OF ELECTED OFFICIALS"; PROVIDING FOR COMMENCEMENT OF TERM OF OFFICE OF ELECTED OFFICIALS OF THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. A motion for approval was offered by Commissioner Cohen and seconded by Commissioner Berger. An amendment was offered by Commissioner Cohen and seconded by Commissioner Perlow to amend (c) to provide that the terms commence the third day after the third Tuesday in March. The amendment passed 5-2, with Commissioner Beskin and Mayor Snyder voting no. The motion for approval of the ordinance, as amended, was unanimously passed by roll call vote. G. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 15414.51 FOR THE PREPARATION OF CONSTRUCTION PLANS AND DOCUMENTS FOR NE 185TM STREET AND NE 28TM COURT IMPROVEMENTS BY AND BETWEEN THE CITY OF AVENTURA AND KEITH AND SCHNARS, P.A.; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert, seconded by Commissioner Cohen, unanimously passed and Resolution No. 98-107 was adopted. H. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AI-I'ACHED STANDARD FORM OF AGREEMENT 7 BETWEEN OWNER (CITY OF AVENTURA) AND CONSTRUCTION MANAGER (JAMES A. CUMMINGS, INC.) FOR THE CONSTRUCTION OF THE GOVERNMENT CENTER PROJECT; ESTABLISHING THE GUARANTEED MAXIMUM PRICE AT $13,028,946; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE A motion for approval was offered by Commissioner Berger, seconded by Commissioner Rogers-Libert, unanimously passed and Resolution No. 98-108 was adopted. K. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING THE WILLIAMS ISLAND FIFTH AMENDED FINAL PLAT SECTION 10, TOWNSHIP 52 SOUTH, RANGE 42 EAST CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR RECORDATION; PROVIDING AN EFFECTIVE DATE. Mr. Schulman spoke relative to this item. A motion for approval was offered by Commissioner Perlow, seconded by Vice Mayor Holzberg, unanimously passed and Resolution No. 98-109 was adopted. PUBLIC HEARING: ORDINANCES - FIRST READING: None PUBLIC HEARINGS: ORDINANCES - SECOND READING: A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 34 "PLANNING AND ZONING", AMENDING ARTICLE IV "ZONING" AT DIVISION I "GENERALLY" TO CREATE SECTION 34-95 "RESTRICTION UPON VARIANCE AND OTHER DEVELOPMENT APPLICATIONS"; TO PROHIBIT ACTION UPON APPLICATIONS PRIOR TO ABATEMENT OF VIOLATION; REQUIRING REMOVAL BOND UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; 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. There being 8 no speakers, the public headng was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 98-25 was enacted. B= Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 98-22, WHICH ORDINANCE ADOPTED A BUDGET FOR THE 1998/99 FISCAL YEAR BY REVISING THE 1998199 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert and seconded by Commissioner Beskin. Mayor Snyder opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No, 98-26 was enacted. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE COMPREHENSIVE PLAN OF THE CITY OF AVENTURA (THE "PLAN"), PURSUANT TO SECTION 163.3161, ET SEQ. FLORIDA STATUTES, "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT;" PROVIDING FOR SEVERABILITY; REPLACING PREVIOUSLY APPLICABLE MIAMI-DADE COUNTY COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Berger and seconded by Vice Mayor Holzberg. Mayor Snyder opened the public hearing. The following individuals addressed the Commission: Janet Aiken, Biscayne Lake Gardens; Gary Dickens, Ivey Harris & Walls, the City's Comprehensive Planner; Ginger Grossman, West Country Club Drive and Bernard Schoenfeld, Coronado II. There being no further speakers, the public hearing was closed. An amendment was offered by Commissioner Perlow and seconded by Commissioner Cohen to provide for the zoning of 188th Street in its entirety as Town Center. An amendment was offered by Commissioner Perlow and seconded by Commissioner Cohen to overlay the Town Center concept over the two specific areas, maintaining the existing zoning designations. The amendments were withdrawn by the makers. The motion for approval passed unanimously by roll call vote and Ordinance No, 98-27 was enacted. 9. RESOLUTIONS: None 10. OTHER BUSINESS: 9 MOTION TO AUTHORIZE THE CITY ATTORNEY AND CITY MANAGER TO PREPARE REGULATIONS RELATING TO WINDSHIELD ADVERTISING FLYERS (COMMISSIONER BESKIN) The motion was offered by Mayor Snyder, seconded by Commissioner Beskin and unanimously approved. 11. REPORTS: As presented. 12. PUBLIC COMMENTS: None. 13.ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 10 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. 10 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City CommissiO~rk Eric M. Soroka Ci er December 29, '1 Resolution Amending Authorization for Construction Services With Keith and Schnars Relating to Williams Island Road January 5, 1999 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution amending the Williams Island Boulevard project construction services Work Authorization with Keith and Schnars, P.A. BACKGROUND The original Work Authorization entered into with Keith and Schnars, P.A. for construction services relating to Williams Island Road expired on October 4, 1998. The attached amendment extends the services required for the remainder of the project. The additional funds required is $26,768.37 and were included in the prior budget amendment. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0689-98 RESOLUTION NO. 99-._ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AMENDMENT TO WORK AUTHORIZATION NO. 15414.39 FOR WILLIAMS ISLAND BOULEVARD CONSTRUCTION SERVICES BY AND BETVVEEN THE CITY OF AVENTURA AND KEITH AND SCHNARS, P.A.; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section I. The City Manager is hereby authorized to execute the attached Amendment to Work Authorization No. 15414.39 ($26,768.37) for Williams Island Boulevard Construction Services by and between the City and Keith and Schnars, P.A. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 3~ This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Resolution No. 98-__ Page 2 Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg Mayor Arthur I. Snyder PASSED AND ADOPTED this 5th day of January, 1999. ARTHURI. SNYDER, MAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: Eric M. Soroka, City Manager Antonio Tomei, Capital Projects Manager December 14, 1998 Williams Island Blvd.- Supplement/Amendment to Services Agreement from Keith & Schnars, P.A. Attached is an amendment to work authorization 98-15414.39 (Design Construction Services for Williams Island Blvd.). I have reviewed and recommend acceptance of the work authorization as attached. I have enclosed the original pertaining documents for your review. and KEITH aha SCHNARS, P.A. ~ ENGINEERS ~ PLANNERS - SURVEYORS December 9, 1998 Revised December 14, 1998 Mr. Antonio Tomei City of Aventura 2999 N.E. 191't Street, Suite 500 Aventura, Florida 33180 Williams Island Boulevard Construction Services Keith & Schnars Project No. 15414.39 Dear Tony: Enclosed please find a Supplement~Amendment to Service Agreements form for additional construction services for the above referenced project. The additional services are required as a result of the extension in the construction time and the overtime hours that our field representative spent in the field. The supplemental agreement includes work performed during the months of October and November, for which we have not submitted an invoice, in addition to the fees for construction services required for the remainder of the project. Our fees for this supplemental agreement are as follows: Fees for the Months of October and November Fees for the Remainder of the Project TOTAL $21,508.37 5,260.00 $26,768.37 I have included copies of the project detail reports and the budget sheet for your review. I will call you later today to discuss this information in more detail. Thank you for your attention to this matter. Sincerely yours, KEITt~Jnd dHNARS, P.A. 7 ana2 :; WS:ryp CC: Pete Gallo - K&S (w/enclosures) Tanzer Kalayci - K&S (w/enclosures) c:\wPw[N60\i54146J~0~n~.~r1~ndrews Avenue · Ft. Lauderdale, Florida 33309-2132 (954) 776-1616 · (800) 488-1255 ° Fax (954) 771-7690 CONSTRUCTION SERVICES RENDERED PROFESSIONAL SERVICES FROM OCTOBER 4, 1998 TO OCTOBER 31, 1998 Professional Personnel Field Representative Proj. Eng./Designer Proj. Manager I Prof. Eng., P.E. Reimbursable Expenses TOTALS Hours Rate Amount 120.0 55.00 $6,600.00 11.0 65.00 715.00 17.0 85.00 1,445.00 I9.0 85.00 1,615.00 4.00 167.0 $10,379.00 PROFESSIONAL SERVICES FROM NOVEMBER 1, 1998 TO NOVEMBER 28, 1998 Professional Personnel Hours Rate Amount Field Representative 154.0 55.00 $8,470.00 Sr. Project Engineer 5.0 75.00 375.00 Proj. Manager I 12.0 85.00 1,020.00 Prof. Eng., P.E. 27.5 85.00 2,337.50 TOTALS 167.0 $12,202.50 REIMBURSABLE EXPENSES 156.87 TOTAL SPENT TO DATE SUBTOTAL BALANCE UNDER ORIGINAL CONTRACT (21,375 - 20,145) TOTAL AMOUNT DUE $12,359.37 $22,738.37 -1,230.00 $21,508.37 IPROJECT NUMBER 15414 WORK AUTHORIZATION NUMBER 15414.39 (98-999.BL) TASK NAME: WILLIAMS ISLAND BLVD. - ADDITIONAL CONSTRUCTION SERVICES TASK ~ HOURLY PROPOSAL CLASSIFICATION HOURS~ RATE DOLLARS Proposal Preparation 02 Admin. Asst. $35.00 04 Community Liaison $60.00 06 CADD Operalor ~ $65.00 07 Scientist II~ $75.00 08 Economic/Financiai Analyst $75,00 09 Scientist I ~ $60,00 11 Graphic Designer ~ $60.00 12 Landscape Architect (RLA)~ $85.00 13 Field Representative $55.00 14 Landscape Designer ~ $65.00 15 Planner (AICP_)__~ $75.00 16 Asscciate Planner ~ $60.00 17 Project Engineer/Designer~ ~ $~.~ .... 18 Project Manager I ~ $8.5.00 19 Professional Engineer (P.E.) 36~ $85.00 $3,060.0~ 20 Prot. Land Surveyor (P.L.S. & Mapper) ~ $75.00 21 Senior Project Manager~ $120.00 22 Senior Member ~ $175.00 23 Senior Project Engineer~ $75.0(] 24 Project Manager II ~ $95.00 25 Technician II ~ $60.00 26 Project Manager III ~ $105.00 29 Technician I ____ 40~ $55.00 $2,200.0C 30 Transpodation Planner~ $65.00 32 Senior Field Representative $75.00 42 Survey Party ~ $85.00 43 Spec. Survey Party TOTAL HOURS 70 ~ T?_TA_L ~OLL~A~S .... ~1~~ $5,260.00 PROJECT MANAGER: Will Suero DEPT, CODE: 05 REIMBURSABLE EXPENSES: SUBCONSULTANT A SUBCONSULTANT S SUBCONSULTANT C SUBCONSULTANT D PERMIT FEES TRAVEL EQUIPMENT/SUPPLIES PRINTS & GRAPHICS RELATED EST. COST PRINT NO. $ A. TOTAL REIMBURSABLE EXP DIRECT EXPENSES: SUBCONSULTANT A SURCONSULTANT B SUSCONSULTANT C SUBCONSULTANT D BLUEPRINT/REPROS PERMIT FEES MEALS EQUIPMENT/SUPPLIES B. TOTAL DIRECT EXPENSES C. TOTAL DIRECT LABOR TOTAL BUDGET (A+B+C) PREPARED BY: WS APPROVED BY: PRG (Dept. Director) $5,260.00 T&M $5,260.00 DATE: 1~1~98 DATE: 1~14~8 04/01/96 SUPPLEI~ENT/A1H~NDMENT TO SERVICE 1. PROJECT NAME 2a. PROJECT # WILLIAMS ISLA29D BOULEVARD AGREEMENTS 15414.39 2b. PROPOSAL ~ 98 999.BL 3. START DATE: 11/24/98 4 P.O. ~ ~ DATE: 5a. CLIENT (Nnunber, Street, City, State ~d Zip Code) City of Aventura 2999 N.E. 191st Street, Suite 500 Aventura, Florida 33180 5b. CLIENT NMMBER: 1027981 6a. CONSULT;LNT (Number, Street, City, State and Zip Code) Keith and Schnars, P.A. 6500 North ~tndrews Avenue Fort Lauderdale, Florida 33309-2132 5c. CLIENT'S REPRESENTATIVE (Name, Title) Antonio Tomei 5d. TELEPHONE NUMBER (305) 466-8923 FAX # (305) 466-8939 6b. PROJECT MANAGER/LINE M3tNAGER Peter R. Gallo, P.E./Wilson Sanchez, P.E. 6c. TELEPHONE # (954) 77641616 (X) 7. THIS ITEM ONLY APPLIES TO ANENDMENTS SUPPLEMENTS TO CONTRACT A. THIS CHANGE IN INITIAL SCOPE OF WOPJK IS ISSUED PURSUANT TO: (Specify authority) THE CH~NGES SET FORTH IN ITEM 8a ARE MADE IN THE PROJECT # IN ITEM 2a. B. THE ABOVE NUMBERED PROJECT IS MODIFIED TO REFLECT THE ADMINISTRATIVE CF~kNGES SET FORTH IN ITEM 8a PURSUAMT TO THE AUTHORITY OF C. THIS ADDITIONAL SERVICE REQUEST IS ENTERED INTO PURSUANT TO AOTHORITY OF: X Client D.CLIENT is required to sign this docuunent and return one copy to the CONSIrLTAMT prior to commencement of work X 8a. DESCRIPTION OF 7~4ENDMENT/SUPPLEMENT Additional construction observation and coordination services. Bb. REASON FOR SUPPLEMENT/AMENDMENT Extended construction period and many recIuired clarifications caused by unforeseen circ%unsta~ces. 8c. COMPEMSATION REQUIRED BY CONSULTANT FOR COMPLIANCE WITH REQUESTED PROFESSIONAL SERVICES AS SET FORTH HEREIN. Estimated Cost of $26,768.00. 9. E~cept as provided herein, all it~/ns, terms and conditions of the doclu~ent referenced in item 2a, as hereto fore changed, remains unchanged and in full force and effect. 10a. NAREpeterAArDR. Gallo,TITLE OFp. E.CONSULTA~T (Type or Print) lia. AntonioNAME A~DF.TITLETomeiOF CLIENT'S REPRESENTATIVE (Type or Prink} Director of Land Develot~ment/Civil Eng. Capital Project Manager 10b. ~~E~/~ 10c. DATE SIGNED CONSULTAN 'S ATIVE 12/14/98 Signature of person authorized 5o sign RETURN TO: KEITH A~D SCHNARS CONTRACT DEPARTMENT CLIENT' S REPRESENTATIVE Signature of Client Representative authorized to sign llc. DATE SIGNED FAR # (305) 771 7690 Form 9003-iA SUPPLEMENT/AMIENDMENT TO SERVICE AGREE~4~NTS PROJECT NAME WILLIAMS ISLAArD BOULEVARD 2a. PROJECT # 15414.39 2b. PROPOSAL # 98-999.BL 3. START DATE: 11/84/98 4 P.O. # END DATE: 5a. CLIENT (Number, Stree=, City, State and Zip Code) City of Aventura 2999 N.E. 191st Street, Suite 500 Aventura, Florida 33180 5b. CLIENT NUMBER: 1027981 6a. CONSULTA~T (Number, Street, City, State and Zip Code) Keith and Schnars, P.A. 6500 North Andrews Avenue Fort Lauderdale, Florida 33309-2132 5c. CLIENT'S REPRESENTATIVE (Name, Title) Antonio Tomei 5d. TELEPHONE NI3~EER (305) 466-8923 FAX # (305) 466 8939 6b. PROJECT MAnAGER/LINE M3~NAGER Peter R. Gallo, P.E./Wilson Sanchez, P.E. 6c. TELEPHONE # (954) 776-1616 (X) 7. THIS ITEM ONLY APPLIES TO AMENDMENTS/SUPPLEMF~NTS TO CONTRACT A. THIS CHANGE IN INITIAL SCOPE OF WORK IS ISSUED PL~RSUANT TO: (Specify authority) THE CHA~GES SET FORTH IN ITEM 8a ARE ~%LIDE IN THE PROJECT # IN ITEM 2a. B. THE ABOVE NLR~BE~LED PROJECT IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 8a PURSUANT TO THE AUTHORITY OF C. THIS ADDITIONAL SERVICE REQUEST IS ENTERED INTO PORSU~tNT TO AUTHORITY OF: X Client D.CLIEMT is required to sign this document and return one copy to the CONSULTANT prior to commencement of work X Sa. DESCRIPTION OF AMENDM]~NT/SUPPLEMENT Additional construction obseI~;ation and coordination services. 8b. REASON FOR SUPFLEMENT/AMENqDMENT Extended construction period and many required clarifications caused by unforeseen circ~anstances. 8c. COMPENSATION REQUIRED BY CONSULTAMT FOR COMPLIANCE WITH REQUESTED PROFESSIONAL SERVICES AS SET FORTH HEREIN. Estimated Cost of $26,768.00. 9. Except as provided herein, all items, terms and conditions of the document referenced in item 2a, as heretofore changed, remains unchanged and in full force and effec[. 10a. NEME AND TITLE OF CONSULTANT (Type or Print) lla. NAME AND TITLE OF CLIENT'S REPRESENTATIVE (Type or Print) Peter R. Gallo, P.E. Director of Land Development/Civil Eng. CONSUL T ' R ATIVE Signature of person authorized to sign ~tonio F. Tomei Capital Project Manager 10c. DATE SIGNED llb. CLIE~'S REPRESENTATIVE Signature of Client Representative authorized to sign KEITH AND SCHNARS CONTRACT DEPARTMENT FAX # (305) 771-7690 RETLrRN TO: llc. DATE SIGNED Form 9003-1A Project: 15414.39 WILLI~ Ii~{.Ai~] I~.VO. Fype: R - Re~{ular Client-' 102'/981 Oesctiptim · Project Ootail Report FoP the periad 1010~/~8 - 10/31/~8 Principal: Proj Supervisor: HOLrS Amotmts --- Cm'rent J-T-O C~rmt J-T-I} Regular Overtime Total Total Regular Overtime Total Total Page I, 11/02/~. 18:43:2: Task: 0~003 {:I}NSTR[L~ION Ptt~E Principal: 13 IN.TO8 00301 CA.IS (0~), {k~ 10/10/~8 7.0 00301 C~IIS (05), ~ 10/17/~8 16.0 00301 C~TS (05l, ~ I0/24/~1{ 18.0 O0301.~LLIS (O~l, AN]H I0/31/~8 17.0 Totals 58.0 13.0 20.0 13.0 29.0 18.0 36.0 IB, O 3~.0 &2.0 120.0 313.0 171:~]Ji~6INi~R/II~IS~R 01343 9{kNO~ (~), WILSi]N 101101'{8 9.0 0140~FJ{5~'~'40 (05), HA{~ 10/17/~* 2.0 Totals 1LO 9.0 2.0 11.0 107.0 18 PROJ~ M~ 01421 V~.EZ (0~). JOgE I 10/17/~8 3,0 3.0 01421 ~Z (~), ~ I 10/24/~ 6.0 6.0 01421 ~l (05), ~ I 10/31/~ 8.0 8.0 Totals 17.0 17.0 49.0 17 PiU~'ESSIOIiV. ENBR P.£. 01343 9AJIOEZ {(YJ}, WIL.q(Y{ 10/17/98 9.0 01343 ~Z (05), WILSi]N 10/24/~8 5.0 01343 9{V4C~EZ ((Y~), WILi)(~q 10/31/~f{ 5.0 Totals I?.0 9.0 5.0 5.0 19.0 19.0 4.0 23 ~t PROFE~I{]N~L E]~iIMEEE 36 PCR~IIT C~IN~B~ 7.0 Total Labor 10~.0 62.0 167.0 4~.0 2219.49 1783.74 4003.23 11§13.19 Direct Exp~n~s 7?'/,00 IH-tiUUS~E OIR CHG(CGNTi~q) JE 99931 10/31/78 g & 9 REI~ROI]UCTIDNS '4.00- Total 4.00- 423.50- Total Direct Expenses 4.00- 4~.50- (continued) C~I~TR~CT~ ON ~,_~. Project Betail Repent Fc~ the period 10/04/9B - 10/31/98 Principal: Proj Hours A~uunts Current J-T-D Current l~'-~ript iue ReBular ~tia Total Total Re~l~ ~ti~ Total To .......................... Task Financial ~alysis .......................... Task: 050030YiSTRI~IOWPHASE Fee Conslt Reimb Total Earned Billed Billed Billed Billed Revenue 790 209~4 209~ Curr~nt Year-to-date Spent Profit Pet Coe~ensatien: ~Rev Type: 4 - As Bil (Loss) Profit Consult Fee: 1,000 [~olt/~at: Reimb All~: L~catim : 01.0~ 4003 4003- Total Comp: 22,3'/3 Bld9 Type : Project A/R: lO,&~i Sort Code I : 02/ 11884 90§I 43.2 Unbill Svcs: 9oft Code 2 Effec. Hult-' 1.7~ Contract Typel N Task-tn-date 2014~ 7VO 20934 20T~ 11B84 90~1 43.2 ....................................... '- ~ ~ ~'L~.. Task: 0~004 9U~II/SUI. T~ O'LE~ DF.5I~ A~IAIES Principal: Proj ~-: ~U.O 17 P~3 EN6ItEER/~II~ER 01405 C&~TPfl(] (05), ~ 01405 CASTA{~O {0~), ~ Totals 10/17/9B 2.0 2.0 10/17/98. 2.0- 2.0- Total Oirect Consultants 721.00 AS90C FEE-OTH~ ~0000. Total Consultants ~000. Total Lab~ and Consult Reia~u~sable Consultants 621.00 AS50C FEE-OTHER Total Consultants 79'J. 7~. Task Totals Pr~)) ,+ct '. 1!~414.3V (cent km)ed) WILLIAMS ISLAND BLVD. CONSTRL~JTIDN OOCS. Proiect Progress Report Fur the period 11/01/98 - 11/28/98 Principal: Pro] Supervisor: Pass 266 12/08/98 Spent this Period Spent to Date Total Budsst Pc: Complete Description Hours Amount Hours Amount Hours Amount Exp Rpt , --- Balance -- Amount Hours Din)ct Expenses 7~7.00 tN-HOLP~: DIR JE 99928 11/28/98 27.0(0 k & S BI_A~kLI~S JE 99928 11/~/98 l]B.O0- K & B REPROBUCTIDII8 Total 165.00- Total Direct E~pen~es 165.00- 589- Total Labc.' and Direct 19B.5 4563.96 698 156~4 335 5902 265 9752- Reimbursable Expenses 623.00 8LUEPRINT$-REPiU]DUCTI~ 627.00 AUTOB,TRUGKS-GAS & OIL AP 42529 11/13/98 B.13 AP 42529 11/13/~B AP 42529 11/13/98 Total 8.13- 677.00 IN-HOUSE DI~CT CHA~GES JE 9~28 11/2D/98 138.00 JE 99928 11/28/~8 2%00 'rotal 1~.00 Total Reimbursables 156,87 37O WILBDN 8ANC~Z 25 MILES 8 .325 WII.S~ ~ANCHEZ 00900.05 827.00 WILSOt( SANCHEZ 0(7~,~ ~7.00 B- K & S RE~ROITJCTIONS k & S BLAC[LI~S 589 951 Task Totals 1~8.5 4720.83 698 16604 335 5902 281 10703- .......................... Task Financial Analysis ............................ Task: 05003 CONSTRUCTIDflPHAS'E Fee Conslt Re=mb Total Earned Silent Profit Pc: C~r4~ensation: 21,37~ Rmv Type= 4 - Aa Dilled ~illed Billed Billed Billed Revenue (Loss) Profit Consult Fee: 1,000 Mult/Amt= Re=mb Allow: Location : 01.05 Current 4721 4721- Total Comp: 22,375 Bld9 Type Project A/R: 10,457 Soet Code I : 021 Year-to-date 30524 790 31313 31313 16604 14709 47.0 Unbill Svcs: Sort Code 2 : Effec. Mult: 1.91 Ccmtract Type: N Task..to-da~e 30524 7~ 31313 31313 16604 14709 47.0 Project Total~ 1~B.5 4720.83 1174 ~124 598 11480 245 16644- ........................... Project Financial Analysis ........................... Fee Conslt Reimb Total Earned Spent Profit Pet Compensation: 12%640 Rev Type= 4 - As Billed Billed Billed Billed Billed Revenue (Loss) Profit Consult Fee: 5,000 Mult/AmtI Reimb Allow: Location : 01.05 C[~rent 4721 4721- Total ~z)mp= 13~,640 Bld~ Type Pro)oct A/R= 10,515 Bo~t Code 1 Year-to-date 1~8322 3339 151660 151660 109920 41740 27.5 Unbill Svcs: Sort Code 2 Effec. ~ult: 2.53 Contract T~e: N proi-to-date 148322 3339 151660 151660 lO~YZO 41740 27.5 Bill-with= prr, ect: 15414.3~ Icont inu=-d) WILLIAMS IBLAND BLt/I]. EONSTR~TION DOCS. Pro}eot ProSress Report Fc~ the p~iod 11/01/98 - 11/28/9B Principal: Pag~ 265 Proj Mgr: GALLO 1210BIqB Suporvisor: Spent this Period Spent to Date Total BudDer Pet Co~lete ~ Balance - De~cripti~ H~urs A~ount Ho~s A~t ~urs ~t Exp Rpt fl~unt ~s ............................. lasB Financial ~alysts ............................ Billed Ta.~. 05~1 FIN~. ENGINING ~SIGN ~sati~: 19,~ Rev T~: ~ - As Fee Conslt Rei~ Total Earned Spent Pro(it Pct Billed Billed B~llsd Billed Revenue (Loss) ~ofit ~sult Fee: 1,~ Mult/~t: Rei~ AII~: L~ation : 01.05 Total Co~: ~,5~ B1dB T~e C~rent ~o~t A/R: ~t Co~ 1' : 021 Year.*to-date ~108 1514 ~622 366~ 11519 ~103 68.5 ~bill 9vc~: ~t Co~ 2 : Eff~, Multi 3.46 ~traut T~e: N Tmsk-tu-dat e ~108 1514 366~ 366~ li51~ 25103 ~.5 Task: 05003 CONSI'RUCTIDN PHASE Principal: Pruj Ngr: GALLO 13 INSPECTOR 00301 cANELLIS (05 11/07/98 30,0 00301CANELLI9 (05 11/14/~B 30.0 00301CANEU.IS (05 11/21/~B 39,5 00301CANELLIS (05 11/28/90 46.5 Totals 154.0 17 PRO3 ENgINEER/DESIGNER 467 107 IB pROJECT MANAGER 01421VELEZ (05), 11/07/90 7.0 01421VELEZ (05), 11/14/~8 5,0 Totals 12.0 61 19 pROFES$IONAL DNGR P.E. 013q3 9ANCHEI (05), ll/07/gB 8.0 01343 SANCHEI (05), 11/14/~B 0.5 01343 SANCHEZ (05), 11/21/~8 7.0 01343 EANC~EZ (05), II/2B/gB 4.0 Totals 27.5 21 SNR pROJECT ~ASER 47 4 23 S~ PROFESSIONAL ENGINEER 01344 GARRETT (05), ll/2B/gB 5.0 Totals 5.0 32 5!£)~1OR INSPECIOR 5 05 6 BO 25O 250 7 36 PERMIT CDORDINATOR 10341- 363- Total LaboF 1~8.5 4728.9& 6~8 16242 335 5902 20B CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission Eric M. Soroka, Ci~/t~l~ November 30, 1998 Proposed Ordinance Establishing Regulations for Securing Construction Sites Ist Reading December 15, 1998 City Commission Meeting Agenda Item ~ '/__~ 2nd Reading January 5, 1999 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission adopt the attached Ordinance, which establishes regulations for securing Construction Sites in the City. BACKGROUND Based on concerns raised by Commissioner Jeffrey Perlow and staff as it relates to Hurricane Watch orders, the attached Ordinance was prepared which establishes regulations for securing Construction Sites. The major points of the Ordinance are as follows: A Construction Site shall not engage in any activity that poses a danger to persons located off of the Site, from debris, materials or activities carried at the Site, and shall take necessary precautions. A Construction Site (other than one solely consisting of a single-family or duplex residence which is not part of the construction of a development) shall restrict unauthorized access to the Site between the hours of 6:00 p.m. and 6:00 a.m., by the use of a locked fence and/or security guard. 3. A Construction Site shall keep all access roads to the Construction Site clear of debris for safe travel by authorized persons. In the event that a Hurricane Watch is issued by the United States Weather Bureau, a Construction Site shall comply with the requirements of Section 105.3 of the South Florida Building Code, by taking all steps necessary to secure the Construction Site, including removal or securing of hazardous or loose objects. If you have any questions, please feel free to contact me. EMS/aca Attachment cc0681-98 ORDINANCE NO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY CREATING ARTICLE V "CONSTRUCTION SITES" CONSISTING OF SECTION 14-100 "SECURING OF CONSTRUCTION SITES", OF CHAPTER 14 "BUILDINGS AND BUILDING REGULATIONS" TO PROVIDE FOR SECURING OF ACCESS TO AND MATERIALS AT CONSTRUCTION SITES WITHIN THE CITY; PROVIDING FOR AUTHORITY AND LEGISLATIVE FINDINGS, INTENT AND PURPOSE, OBJECTIVES, PROHIBITIONS, DEFINITIONS, ADMINISTRATION; PROVIDING PENALTY; PROVIDING SEVERABILITY; PROVIDING INCLUSION IN CODE; PROVIDING EFFECTIVE DATE. WHEREAS, the City Commission desires to adopt an ordinance to provide for securing of construction sites so as to enhance the protection of the public health, safety, and welfare and preserve and protect the quality of life within the City; WHEREAS, pursuant to Section 34-1 of the City Code, the City Commission has been designated as the local planning agency for the City pursuant to Section 163.3174 Florida Statutes; WHEREAS, the City Commission has reviewed the proposed regulations provided by this ordinance and finds that such regulations accomplish the purposes intended and are consistent with the Comprehensive Plan of Miami-Dade County, Florida as applicable to the City and with the provisions of the proposed Comprehensive Plan of the City of Aventura. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Ordinance No. __ Page 2 Section 1. That Section 14-100 "Securing of Construction Sites" of Article V "Construction Sites" of Chapter 14 "Buildings and Building Regulations" of the City Code, is hereby created to read as follows: Section 14-100 Securing of Construction Sites. (a) Securing of Site. Security shall be provided at construction sites in accordance with this section. (b) Authority and Legislative Finding. Pursuant to authority provided by the home rule powers of the Florida Constitution and Chapter 166 and 163 of the Florida Statutes, the City is authorized to adopt regulations designed to promote the public health, safety, and welfare, as well as to adopt regulations controlling the use of land. (c) Intent and Purpose. It is the purpose of this ordinance to promote the public health, safety, and general welfare and to minimize public and private losses arising as a result of unauthorized access to construction sites, or from loose and unsecured materials at construction sites during emergency weather conditions, by enacting provisions designed to: Restrict or prohibit uses at construction sites which are dangerous to health, safety, and property located off site. Require that construction sites within the City have access secured by the provision of a locked fence and/or security guard. Require that access roads to construction sites be kept clear of debris and be kept passable by motor vehicle at all times. Require that in the event of the issuance of a hurricane watch by the United States Weather Bureau and in accordance with Section 105.3 of the South Florida Building Code, all construction sites must be secured, including the removal or fastening of hazardous and loose objects. (d) Obiectivesl Applicability. The objectives of this ordinance are: 1. To protect human life and health. Ordinance No. Page 3 To minimize the need for rescue and relief efforts associated with insecure construction sites and hazardous weather conditions. To minimize damage to public and private facilities and property. Nothing in this ordinance shall constitute a work place safety rule or be construed to apply to any matters governed by Chapter 440, Fla. Stat. or Federal OSHA Laws. (e) Definitions. The following words or phrases when used in this section shall have the meanings ascribed to them herein: "Construction Site" or "Site" includes all sites where new construction, remodeling, or additions take place, other than just interior work which is not visible to the exterior of the premises. (a) "Secure," in reference to items, includes fastening down or removing all hazardous objects such as construction shacks, temporary toilets, roofing tile, building materials, trash, forms, insecure structures, temporary electric service poles, and protection of exposed glass areas with storm shutters. (b) The term "Secure", as applied to Site access, includes protecting the Construction site, during the hours described herein in paragraph (0(2), by way of a locked fence surrounding the perimeter of the site and/or the provision of a security guard. 3. "City" shall mean the City of Aventura, Florida. (f) Prohibitions: The owner, occupant or user of a Construction Site shall not engage in any activity which poses a danger to persons located off of the Construction Site, from debris, materials or activities carried on at the Construction Site, and shall take necessary precautions. A contractor engaging in work at a Site or pulling a building permit for a Site constitutes a "user" of a Site. The owner, occupant or user of a Construction Site (other than one solely consisting of a single-family or duplex 3 Ordinance No. Page 4 residence which is not part of the construction of a development) shall secure the Site from unauthorized access between the hours of 6 p.m. of each day to 6 a.m. of the next day by the use of a locked fence and/or security guard 3. The owner, occupant or user of a Construction Site shall keep all access roads to the construction site clear of debris for safe travel by authorized persons. 4. In the event that a Hurricane Watch is issued by the United States Weather Bureau, the owner, occupant or user of a Construction Site shall comply with the requirements of Section 105.3 of the South Florida Building Code, by taking all steps necessary to secure the Construction Site, including removal or securing of hazardous or loose objects. 5. Any person receiving notice from the City's Building Official to comply with this section shall not fail or neglect to promptly comply. Section 2. Penalty. Any person who violates any provisions of this Ordinance shall, upon conviction, be punished by a fine not to exceed $500.00 or imprisonment in the County jail not to exceed sixty (60) days or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate violation. This Ordinance shall be subject to enforcement under the Local Government Code Enforcement Act, Chapter 162, F.S., as amended, and City Code Section 2-331, et. seq., as amended. Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they 4 Ordinance No. Page 5 shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Perlow, who moved its adoption on first reading. The motion was seconded by Commissioner Rogers-Libert, and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger absent from the room Commissioner Jay R. Beskin yes Commissioner Ken Cohen yes Commissioner Patricia Rogers-Libert yes Commissioner Jeffrey M Perlow yes Vice-Mayor Harry Holzberg yes Mayor Arthur I. Snyder 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 Ken Cohen Commissioner Patricia Rogers-Libert Commissioner Jeffrey M Perlow Vice Mayor Harry Holzberg Mayor Arthur 1. Snyder 5 Ordinance No. Page 6 PASSED AND ADOPTED on first reading this 15th day of December, 1998. PASSED AND ADOPTED on second reading this 5th day of January, 1999. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY 6 CITY OF AVENTURA OFFICE OF THE CITY CLERK MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission Eric M. Soroka, ~/j~ana¢ Teresa M. Smith,"Cl~_.~. December 8, 1998 Proposed Ordinance Establishing Commencement Office of Elected Officials of Terms of 1st Reading December 15, 1998 2"d Reading January 5, 1999 City Commission Agenda Item City Commission Agenda Item Recommendation It is recommended that the City Commission enact the attached proposed ordinance which establishes the commencement of terms of office of elected officials. Backqround Section 5.01(i) of the City Charter provides that the term of office of any elected official will commence following the election for such elected office, as provided by ordinance of the City. In preparation for the March 2, 1999 municipal election, the attached proposed ordinance provides that the date of commencement of office for Commission seats 1, 3 and 5 shall be March 17, 1999, the day after the runoff date, if a runoff is necessary. The proposed ordinance further provides that the term of office for Commission seats 2, 4, 6 and the Mayor elected in 2001 shall be March 21, 2001 (also the day after the runoff date, if necessary) and thereafter the term of office for regular terms of the Mayor and Commissioners shall commence on the day after the third Tuesday in March of each election year. Should you have any questions, please feel free to contact me. /tms ORDINANCE NO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 26 "ELECTIONS" AT ARTICLE II "CITY COMMISSION AND MAYOR" BY CREATING SECTION 26-32 "COMMENCEMENT OF TERM OF ELECTED OFFICIALS"; PROVIDING FOR COMMENCEMENT OF TERM OF OFFICE OF ELECTED OFFICIALS OF THE CITY; PROVIDING FOR SEVERABIMTY; PROVIDING FOR INCUSlON IN THE CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 5.01(i) of the City Charter, the term of office of the elected officials of the City will commence following election for such office, as specified by ordinance of the City; and WHEREAS, the City Commission desires to provide by ordinance for the orderly commencement of the term of elected officials of the City. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. That Section 26-32 "Commencement of Term of Elected Officials" of Article II "City Commission and Mayor" of Chapter 26 "Elections," of the City Code, is hereby created to read as follows: Section 26-32 Commencement of Term of Elected Officials. (a) The next regular term of office for Commission seats 1, 3, and 5, which expire on March 16, 1999, shall commence on March 17, 1999, following the regular election. (b) The next regular term of office for Commission seats 2, 4, and 6, and for Mayor, which expire on March 20, 2001, shall commence on March 21,2001, following the regular election. (c) Except as provided in subsection (a) and (b) above, the term of office for regular terms of the Mayor and Commissioners shall commence upon the third day after the third Tuesday in March Ordinance No. Page 2 subsequent to the occurrence of the election to fill the next regular term of office for the respective Mayoral or Commission seat. Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Cohen, who moved its adoption on first reading. The motion was seconded by Commissioner Berger, and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg Mayor Arthur I. Snyder yes yes yes yes yes yes yes 2 Ordinance No. Page 3 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 Ken Cohen Commissioner Jeffrey M. Perlow Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 15th day of December, 1998. PASSED AND ADOPTED on second reading this 5th day of January, 1999. Al-rEST: ARTHURI. SNYDER, MAYOR TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY 3 TO: FROM: DATE: SUBJECT: CITY OF AVENTURA OFFICE OF THE CITY COMMISSION MEMORANDUM Eric M. Soroka, City Manager Patricia Rogers-Libert, Commissioner December 30, 1998 Possible Action Relative to Construction of New Post Office January 5, 1999 Commission Meeting Agenda Item 11 Please place the following item on the next Commission agenda: Discussion and possible motion to prepare resolution requesting government to construct a new post office in the City. PRL/tms cc: City Commission the federal 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 Scolds ~llllams, who on oath says that she Is the Vice President of Legal Advertising of the Miami Dally Business Review f/Ida 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 AN ORDINANCE AMENDING THE CITY CODE BY CREATING ARTICLE V "CONSTRUCTION SITES", ETC. in the xxxxx .... Court, W~cUblls~e~ln s ~d~ paper In the Issues of 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 Dade County, Flodda, each day (except Saturday, Sunday and Legal Holidays) and has been entered aa s~cond class mall matter at the post office In Miami In said Dada County, Florida, for a pedod of one xt preceding the first publication of the attached co rtlsement; and affiant further says that she has n d nor promised any person, firm or corporation a nt, rebate, commission or refund for the purpose of g this a ertlsement for publication in the said S rn to an subacdbed before me I 18 ~ece~d~er ~,~D~-~ ...... .... /~~'~ .......... A.D. 19 ...... ..... (SEAL) Sookle ~fllliam, ~ly ~n t.*~E[A RO~ER~ i~ ~'g ~ cc:??~ SEPT 22,2 CITY OF AVENTURA PROPOSED ORDINANCES NOTICE IS HEREBY GIVEN that on Tuesday. me 5th day of Janu- ary. 1999. at a meetmg of the City Commission of the City of Avedtura,= to De Ilela at 6:00 p.m. in the Commission Meeting Room at the Bis- cayne Medical Ads Building. 21110 Biscayne Boulevard. Suite 101 Aventura, Florida, the City Commission will consider the adoction of~ the following Ordinances on second reading, entitled: AN ORDINANCE OF THE CITY OF AVENTURA. FLORIDA. AMENDING THE CITY CODE BY CREATING ARTICLE V 'CONSTRUCTION SITES" CONSISTING OF SECTION 14- 100 'SECURING OF CONSTRUCTION SITES' OF CHAP- TER 14 'BUILDINGS AND BUILDING REGULATIONS" TO PROVIDE FOR SECURING OF ACCESS TO AND MATERI- ALS AT CONSTRUCTION SITES WITHIN THE CITY: PRO- VIDING FOR AUTHORITY AND LEGISLATIVE FINDINGS. INTENT AND PURPOSE. OBJECTIVES. PROHIBITIONS. DEFINITIONS. ADMINISTRATION: PROVIDING PENALTY: PROVIDING SEVERASILITY: PROVIDING iNCLUSION IN CODE: PROVIDING EFFECTIVE DATE AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING THE CITY CODE BY AMENDING CHAPTER 26 "ELECTIONS" AT ARTICLE I "CITY COMMISSION AND ~IAYOR' BY CREATING SECTION 26-32 "COMMENCE- MENT OF TERM OF ELECTED OFFICIALS: PROVIDING FOR COMMENCEMENT OF TERM OF OFFICE OF ELECTED OFFICIALS OF THE CITY; PROVIDING FOR SEVERABiLiTY; PROVIDING FOR INCLUSION IN CODE: PROVIDING FOR EFFECTIVE DATE The prooosed Ordinances may ~e inspected by the oublic at the Of- lice of the City Clerk. 2999 N.E. 191st Street. Suite 500, Aventura. Florida. nterestea oart~es may appear at the Public Hearing and be heard with res[~ect to the proposea Ordinances. Any 3arson wishing to address the City Commission on any item at this Public Hearing is asked to registe~r with the City Clerk Dridr to that item being heard. in accordance with the Americans with Disabilities Act of 1990. a, oersons who are olsabled and who nee~ special accommodations to participate in this Droceeolng because of that disability shou[o conrac[ the Office of the City Clerk, 305-466-8901, not later than two business oays orior to such proceedings. If a person decides to appeal any decision made Dy the City Com- mission w~tn respect to any matter considered at a meeting or headng, that person will need a record of the proceedings and. for such 3ur- pose, may need to ensure that a verbatim record of the proceedings is maee which record includes the testimony and evidence upon which the appeal is to be based, Dated December 18. 1998. 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: Defore 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/kJa 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 - 1/5/99 APPLICANT NAME: CAR WASH IT, INC. (SIMONIZ CAR WASH) APPLICATION NO. 01-SV-99 XXXXX in the ................................................................................ Court, w lis in * per in the issues of 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 person firm or corporation any disco , rebate, commissi or the purpose nof sec ng this advertis on in the said 2 4 Sw~t(~ LNr~%~ribed before me tll~8 ........ day of ............................................................ , A.D. 19 ...... SEAL '~¥ '~', O~I~ICUd' NOTAflY ~AL Octetma V. o~ ~,.O APR. 12,20D CITY OF AVENTURA NOTICE OF PUBLIC HEARING Date and .time of Pubtlc Hearing: Tuesday, January 5, 19~9 6:00 p.m. Applicant Name: Car Wash I1, Inc. (Simoniz Car Wash) Applicent Raqueat: The applicant is requesting Sign Variance to allow two (2) oversize gas station canopy signs; three (3) s~gns attached to a canvas awning struc- ture: and miscallaneous directional mgns. Applicant Number: 01-SV-99 Lo~atlon Of Subject Property: 19055 Bis<:ayne Boulevard Legal Description: Lengthy legal - you may contact tt~e Community Development Department for the complete legal deecn~ian Size of Subject Property: Approximately !-13 a~es Plams are on fite and may be examined during regular business hours in the City of Aventura, CoCamd~ltty Development Department, 2~99 NE 191 Street. Suite $00. Aventura, Flonda. 33180. Plans may be modified a~ or before the Public Hearing The application may change during the hearing process. The Public heahng will be held at Aventura Medical Arts Building, 21110 Biscayne BoulevarcL Suite 101, Aventura. Florida. 33180 Your comments may be made in person at the hearing or filed in writing prior to the hearing date. Refer to applicant/proberty so correspondence and mail same to City of Aventura, Community Development Department, 2999 NE 191 Street, Suite 500, Aventura, Florida, 33180. For further information, please cell (305) 466-8940. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to · participate in this proceeding because of that disability should contact the Office of the City Clerk, 466-8901, not later than two business days prior to such proceedings. If a parson 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 proceedings-and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which tesord includes the testimony and evidence upon which the appeal is to be based. Teresa M. Smith, CMC, City Clerk 12/24 , . 98-3-122454M MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade 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/ida Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA PUBLIC HEARING - 1/5/99 APPLICANT NAME: AVENTURA CORPORATE CENTER APPLICATION NO. 01-AR-99 XXXXX in the ................................................................................ Court, w u lis in ' aperin theissues of 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 Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Dada County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount rebate commi for the purpose of secur' this adverti tion in the said news er 2 4 Sw~bt~ L~l~q. ribed before me tl~8 ........ day of ............................................................ , A.D. 19 ...... (SEAL) Y kPn~ t RYI. H MAR~R Octelma V. Ferbeyre P~r.~,~IY · .~j o/E~c~ CITY OF AVENTURA NOTICE OF PUBLIC HEARING Date and Time of Public Hearing: Tuesday, January 5. 1999 6:00 p.m. ~lic~_~t Name: ....... _A~ventura Corpprate Center AppllcantRequeat: The applicant is requesting aban- donment of two areas of public right- of-way to allow for mplatting el Aventura Corporate Center, Applleaflon Number: 01-AR-99 Location Of Subject Properly: West side of NE 30 Avenue at NE 208 Ten. co Legal Deacrlpflon: Lengthy legal - you may contact the Community Development Del~ariment for the complete legal description. SlzeofSubje~Property: Approximately 9.100 Scluam feet (0.21 acres} Plans are on file and may be examined during reguar business hours in the City of Aventura Community Development Department, 299g NE 191 Street. Suite 500, Aventura. FIo~da. 33180. Plans may be modified at or before the Public Hearing. The application may change during the hearing process. The Public hearing will be held at Aventura Medical Aris Building, 21110 Biscayne Boulevard, Suite 101, Aventura, Florida, 33180. Your comments may be made in person at the hearing or filed in writing prior to the hearing date. Refer to applicant/property on correspondence and mail 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. In accordance with the Americans with Disabilities Act of 1990, ail persons who are disabled and who need special accommodations to participate in th~s proceeding because of that disability should contact the Office of the City Clerk, 466-8901, not later than two business days prior to such proceedings. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing, that persen will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and ~videnco upon which the appeal is to be based. Teresa M. Smith, CMC, citY Clerk 12/24 98-3-122455M