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05-04-1999 CC Meeting AgendaCitr Commlsslo~ A~thur I. Snyder, Mayo~ Arthur Berger Jay R. Beskin Ken Cohen HahT Holzberg Jeffrey M. Perlow Patricla Roge~Libert Eric M. Soroka Cite Clerf Teresa M. Soroka, CMC City A ttoraey Weiss Sexota Heffman Pastoriza & Guedes AGENDA May 4, 1999 - 6 PM Biscayne Medical A~ Building 21110 Biscayne Boulevard Suite 101 Aventura, Florida 33180 '1. CALL TO ORDERX.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 sworn before addressing the Commission, and if you wish to address the comnUssion, you may be subject to cross-eXarmnafion. 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 Ao A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING SPECIAL EXCEPTION APPROVAL TO SPACING AND DISTANCE REQUIREMENTS FOR THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES TO CAVIAR & MORE MIAMI, INC. LOCATED AT 19501 BISCAYNE BOULEVARD; PROVIDING AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING A SIGN VARIANCE FOR EYE CARE CENTERS OF AMERICA, INC. (D.B.A. VISIONWORKS), LOCATED AT 21175 BISCAYNE BOULEVARD, TO PERMIT THE ERECTION OF A SECOND WALL SIGN ON THE NORTH ELEVATION, SIGN SIZE NOT TO EXCEED 28 SQUARE FEET, WHERE ONE (1) WALL SIGN IS ALLOWED BY CODE; AND PROVIDING AN EFFECTIVE DATE. MOTION TO AUTHORIZE EXTENSION OF TEMPORARY TRAILER BUILDING PERMIT FOR THE CHABAD HOUSE OF NORTH DADE SUBJECT TO CONDITIONS CONTAINED IN STAFF REPORT DATED APRIL 29, 1999 4. APPROVAL OF MINUTES: Commission Meeting April 6, 1999 Commission Special Meeting April 20, 1999 Commission Workshop April 20, 1999 5. AGENDA: Request for Deletions/Emergency Additions 6. SPECIAL PRESENTATIONS: Certificates of Appointment to Members of the Recreation and Cultural Arts Advisory Board 7. CONSENT AGENDA: A RESOLUTION OF THE C1TY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 99-4-19-2, N.E. 190th STREET IMPROVMENTS, TO VILA & SON LANDSCAPING, INC., AT THE BID PRICE OF $649,728.10; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. (Authorizes award of bid to low bidder, Vila and Son Landscaping, for landscaping, irrigation and decorative streetlighting on NE 190"' Street) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN MYSTIC POINTE MASTER ASSOCIATION AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (Authorizes City Manager to execute agreemem with Mystic Pointe Master Association to provide traffic control jurisdiction over private roads within the condominium) A RESOLUTION OF TItE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF Tl:lE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE, ATTACllED MUTUAL AID AGREEMENT BETWEEN ~ CITY OF AVENTURA AND ~ CITY OF EL PORTAL FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING Tltl*, CITY MANAGER TO DO ALL TlllNGS NECESSARY TO CARRY OUT THE AlMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. (Authorizes City Manager to execute Mutual Aid Agreement for police services with the City of E1 Portal) MOTION TO AUTHORIZE CITY MANAGER TO PURSUE THE PURCHASE OF TWO ADDITIONAL ACRES SOUTH OF THE HUBER TRACT (Authorizes City Manager to obtain additional property for cultural center or park purposes) 8. PUBLIC HEARING: ORDINANCES -FlRST READING: None 9. PUBLIC HEARINGS: ORDINANCES - SECOND READING: None 10. RESOLUTIONS: None 11. OTHER BUSINESS: None 12. REPORTS 13. PUBLIC COMMENTS 14. ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS: COMMISSION WORKSHOP May 24, 1999 COMMISSION MEETING June 8, 1999 9 A.M.* 6 P.M. ** *Government Center 2999 NE 191~ b~reet Suite 500 **Biscayne Medical Pats Building 21110 Biscayne Blv& Suite 101 Tilis m~eting is open to the publ/c. III accordance with the 3mlericans with Disabilitie~ Act of 1990, all peasons who are disabled and who need special ace~nmmodafions to participate in this meeting because of that disability should contact the Office of the City Clexk, 305-466-8901, not latex than two days prior to such proceeding 3a~yone wishingto appeal any decisi~n~ made by the Aventura City Conmaission with respect to any matte~ considered at such meeting or heating 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 inelud~ the testimony and evidence upon which ~he appeal is to be based. Aganda items may be viewed at the Office of the City Clexk, City of Aventura Government C~tex, 2999 NE 191~ Slreet, Suite 500, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-8901. TO: FROM: BY: DATE: SUBJECT: CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM City Commission ,,~'/~ Brenda Kelley, Co'rfim~elopment[~\ Direct~ April 14, 1999 Request of Caviar & More Miami, Inc. for Special Exception to spacing and distance requirements for the sale and service of alcoholic beverages (02-SE-99). May 4, 1999 City Commission Meeting Agenda Item ,3,Vli~ RECOMMENDATION It is recommended that the City Commission approve the Special Exception with conditions as outlined herein. THE REQUEST The applicant, Caviar & More Miami Inc. is requesting a Special Exception to spacing and distance requirements for the sale and service of alcoholic beverages (See Exhibit #1 for Letter of Intent). BACKGROUND OWNER OF PROPERTY ADDRESS OF PROPERTY SIZE OF PROPERTY: LEGAL DESCRIPTION Aventura Mall Ventures 19501 Biscayne Boulevard Aventura Mall, Space 1999 Approximately 97.962 acres Tract Q, Aventura 6th Addition as recorded in Plat Book 120 Page 20 of the Public Records of Dade County 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; and RU-4 Apartment District BU-2 Special Business District; and RU-4M Modified Apartment House District BU-2 Special Business District; and GU Interim District; and RU-4A Hotel Apartment House District BU-3 Liberal Business District Proposed City Zoning - Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: B2 B2 RMF4 CF B2 TC1 CF B2 ROS RMF3 RMF4 B2 Community Business District Community Business District; and Multi-Family High Density Residential; and Community Facilities District Community Business District; and Town Center District; and Community Facilities District Community Business District; and Recreation Open Space; and Multi-Family Medium Density Residential; and Multi-Family High Density Residential Community Business District Existing Land Use- Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Aventura Mall Office, retail and residential uses Office and retail uses Resort, residential and golf course Biscayne Boulevard and the FEC Railroad Future Land Use - Miami-Dade County Plan: City of Aventura Plan: Business and Office Town Center The Site - The subject site, the Aventura Mall, is located at the northeast corner of Biscayne Boulevard and the William Lehman Causeway (See attached Exhibit #2). The Project - Caviar and More Miami, Inc. is proposing retail sales of caviar products, fine wines and champagne from a kiosk location on the first floor of the Aventura Mall. There will be seating for three persons for product sampling; however, it is anticipated that the majority of sales will be for off-premises consumption. 2 Ordinance 98-10 establishes certain spacing and location requirements applicable to businesses selling alcoholic beverages, and allows for exceptions only for establishments in BU-1 and BU-1A and other more liberal zoning districts which serve cooked, full course meals, daily prepared on the premises, and which serve alcoholic beverages only to persons seated at tables. The applicant does not meet either the spacing requirements or the exception conditions. ANALYSIS Consistency with Comprehensive Master Plan- The request is not inconsistent with the City of Aventura Comprehensive Plan or the Miami-Dade County Comprehensive Plan. Citizen Comments - The Community Development Department has received no written citizen comments. Community Development Department Analysis - The applicant is requesting a special exception to spacing and distance requirements for the sale and service of alcoholic beverages. Ordinance 98-10 of the City of Aventura prohibits the sale of alcoholic beverages for on or off-premises consumption at locations closer than 1500 feet from another place of business having an established alcoholic beverage use, or where the place of business is less than 2,500 feet from a religious facility or school. Currently, there are other places of business having an established alcoholic beverage use within 1,500 feet of the proposed Caviar & More kiosk. There are no religious facilities or schools located within 2,500 feet. (See Liquor Survey attached as Exhibit #3.) Ordinance 98-10 provides for certain exceptions to these spacing and distance requirements. These exceptions are specified in Section 4-2, Subsection (E), as follows: "(E)(2) Restaurants in BU-1, BU-1A Zoning Districts. To dining rooms or restaurants located in the BU-1 or BU-1A zoning districts and which do not comply with subparagraph (4) below [sale of beer and wine as a grocery item from grocery stores and meat markets] but which comply with the requirements of such districts and served cooked, full course meals, daily prepared on the premises, or such other dining rooms or restaurants in other more liberal zoning districts complying with the requirements of the BU-1 or BU-1A district and which serve cooked, full course meals, daily prepared on the premises, provided that only a service bar is used and the sale of alcoholic beverages are sold only to persons seated at tables." 3 Therefore, according to the above subsection of the Ordinance, the exception to the distance and spacing requirement is permitted if all of the following requirements are met: It must be a restaurant located in a BU-1 or BU-1A and other more liberal zoning districts. The proposed Caviar & More kiosk meets this requirement. It is located in a BU-2 zoning district. 2. It must be a business that does not sell beer or wine for off-premises consumption. The proposed Caviar & More kiosk does not meet this requirement, as it proposes the sale of wine and champagne for off-premises consumption. 3. It must be a restaurant that serves cooked, full course meals, daily prepared on the premises and which provides alcoholic beverage service only through a service bar to patrons seated at tables. The proposed Caviar & More kiosk does not meet this requirement. Although it does provide seating for three patrons, this seating is provided for product sampling and not for cooked, full course meals. These samples will be served in disposable tableware not requiring kitchen sanitary services. The majority of its sales are anticipated for consumption off-premises. For these reasons, the applicant requires Special Exception approval. Criteria According to Section 33-31 l(d) of the Miami-Dade County Code, a Special Exception request should be evaluated using the following criteria: 1. The request would not have an unfavorable effect on the economy of Dade Count~. The request to permit a kiosk/restaurant to sell alcoholic beverages for on- premises and off-premises consumption would not have an unfavorable effect on the economy of Dade County. The request would not generate or result in excessive noise or traffic, cause undue or excessive burden on public facilities, including water, sewer, solid waste disposal, recreation, transportation, streets, roads, highways or other such facilities which have been constructed or which are planned and budgeted for construction; and The request to permit the operation of this kiosk would not generate or result in excessive noise or traffic, or cause undue or excessive burden on public facilities 4 above and beyond that which is already contemplated for the entire shopping mall in general. The request would not tend to create a fire or other equally or greater dangerous hazards, or provoke excessive overcrowding or concentration of people or population; and The request for sale of alcoholic beverages in conjunction with a kiosk restaurant would not tend to create a fire or other equally or greater dangerous hazard, or provoke excessive overcrowding or concentration of people or population above and beyond that which is already contemplated for the shopping mall in general. The necessity for and reasonableness of such applied-for exception in relation to the present and future development of the area concerned and the compatibility of the applied for exception with such area and its development. The request to permit the retail sales of caviar products in conjunction with fine wines and champagne is reasonable. Because other alcoholic beverage establishments are located within 1500 feet of the proposed development, the applicant is not permitted by code to serve alcoholic beverages to patrons in the kiosk area. Staff believes that, given the nature of the business and the location of the kiosk in the interior of the mall, maintaining standards of decorum and order can be properly and effectively left to the applicant and the mall management. RECOMMENDATION It is recommended that the City Commission approve the Special Exception with the following conditions: 1. This approval shall be granted exclusively to the applicant. 2. The service of alcoholic beverages shall be terminated in the event that the City Commission determines, after a public hearing, that the operation has created and/or may tend to create a disturbance to the community. The public hearing shall be set if the Director of the Department finds probable cause to believe that a disturbance has been created, based upon complaints received or the Director's observation. 3. The applicant's hours of operation shall coincide with the hours of operation of the Aventura Mall. LOUIS J. TERMINELLO* NANCY TERMINELLO** ALSO ADMITTED IN: *NEW YORK *WASHINGTON, D.C. **NEW YORK LEGAL ASSISTANT: EDWIN CHAVES TERMINELLO & TERMINELLO, P.A. ATTORNEYS AT LAW 2700 S.W. 37 AVENUE MIAMI, FLORIDA 33133-2728 (305) 444-5002 FAX: (305) 448-5566 E-mail address: ctt~terminello.com PLEASE REPLY TO: MIAMI EXHIBIT #1 Applicant's Letter of Intent April 2, 1999 RECEIVED SROWARD OFFICE 2455 HOLLYWOOD BLVD. SUITE 118 HOLLYWOOD, FL 33020 (954) 929-9600 Brenda Kelly, Community Development Director City of Aventura Community Development Department 2999 NE 191 Street, Suite 500 Aventura, Florida 33180 CAVIAR & MORE MIAMI, INC. d/b/a CAVIAR & MORE 19501 Biscayne Boulevard, #1999 Aventura, Florida 33180 Dear Ms. Kelly: The undersigned represents CAVIAR & MORE MIAMI, INC., d/b/a Caviar & More, your applicant for public heating requesting a special exception to permit the retail sales of caviar products in conjunction with fine wines and champagne from a kiosk location within the Aventura Mall with seating for three (3) persons for c._onsumption on and offthe premises. We are requesting a special exception to the spacing requirement of fifteen hundred (1,500) feet for location of establishments for sale of alcoholic beverages from another place of business also selling alcoholic beverages and not excepted from the spacing requirements. This use is a permitted use inasmuch as the business location is in a BU-2 zoning district. The City of Aventura just recently approved another similar use for "Whole Foods Market" by permitting wine tasting on the premises in a market type environment. CAVIAR & MORE will be providing its patrons with caviar, smoked salmon, foie grae along with fine wines and champagne which are necessary accompaniments to fully savor and enjoy these gourmet fo/od4)roducts. No religious facilities or public schools are located within a 2.500 foot radius of the proposed kiosk which will be located on the first floor of the Brenda Kelly, Community Development Director City of Aventura April 2, 1999 Page -2- Caviar & More Miami, Inc. has no objection to conforming with all requirements as specified as specified by the City of Aventura zoning regulations. Please note that in conformity with Article XXXVI, Section 33-31 l(d) of the Miami- Dade County Code, this request would not have an unfavorable affect on the economy of Miami-Dade County. In addition, this request will not generate or result in excessive noise or traffic, or cause undue or excessive burden on public facilities above and beyond that which is already contemplated for the restaurant in general and that of the entire shopping center. Our request would not tend to create a fire or other equally or greater dangerous hazard or provoke excessive overcrowding or concentration of people or population above and beyond that which is already contemplated for the restaurant in general and that of the entire shopping center. Finally, the request to serve alcoholic beverages in conjunction with the three (3) seat kiosk serving caviar and other gourmet food products located in a regional mall is not an unreasonable request. This use will be compatible with and similar uses are typically found in regional malls such as the Aventura Mall. Of course, if you need any further information in this regard, please do not hesitate to contact me. Very truly yours, Nancy Terminello NT/nt 192 ST. RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING SPECIAL EXCEPTION APPROVAL TO SPACING AND DISTANCE REQUIREMENTS FOR THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES TO CAVIAR & MORE MIAMI, INC. LOCATED AT 19501 BISCAYNE BOULEVARD; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned BU-2, Special Business District; and WHEREAS, the Applicant, Caviar & More Miami, Inc., through Application No. 02-SE-99, has requested Special Exception approval to spacing and distance requirements to permit the sale and service of alcoholic beverages within 1,500 feet of another place of business having an established alcoholic beverage use and within 2,500 feet of religious facilities and schools, for that certain business located at 19501 Biscayne Boulevard, a.k.a. Aventura Mall, in Aventura, Florida; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances, to the extent the application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Resolution No. Page 2 Section ~1. Application No. 02-SE-99 for Special Exception approval to spacing and distance requirements to permit the sale and service of alcoholic beverages within ~1,500 feet of another place of business having an established alcoholic beverage use and within 2,500 feet of religious facilities and schools on property legally described as: Tract Q, Aventura 6th Addition as recorded in Plat Book 120 Page 20 of the Public Records of Miami-Dade County, Florida a.k.a. Caviar & More Miami, Inc. Aventura Mall 19501 Biscayne Boulevard is hereby granted subject to the following conditions: 1. This approval is granted exclusively to the applicant. 2. The service of alcoholic beverages shall be terminated in the event that the City Commission determines, after a public hearing, that the operation has created and/or may tend to create a disturbance to the community. The public hearing shall be set if the Director of the Department finds probable cause to believe that a disturbance has been created, based upon complaints received or the Director's observation. 3. The applicant's hours of operation shall coincide with the hours of operation of the Aventura Mall. 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. Resolution No. Page 3 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 Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder PASSED AND ADOPTED this 4th day of May, 1999. Arthur I. Snyder, Mayor ATTEST: Teresa M. Soroka, CMC, City Clerk APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this _ day of ,1999. CITY CLERK CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City CommissiO~ci~/~~ Eric M. Soroka, . Brenda Kelley, Co~m~elopment Directo~ April 20, 1999 Request of Eye Care Centers of America, Inc. (d.b.a. Visionworks) for a Sign Variance to permit a second wall sign where only one (1) wall sign is allowed. (07-SV-99) May 4, 1999 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission deny the request for a Sign Variance in that it does not meet the criteria for granting of variances found in the City's Sign Ordinance. THE REQUEST The applicant, Eye Care Centers of America, is requesting a Sign Variance to permit one additional wall sign of approximately 55 square feet on the north elevation of its Visionworks retail store, located on an outparcel of the Aventura Commons Shopping Center. The Visionworks store currently has one legal and conforming wall sign of 55 square feet on the west elevation of its store, facing Biscayne Boulevard. The applicant is allowed one wall sign by Code (See Exhibit #1 for letter of intent). BACKGROUND OWNER OF PROPERTY Aventura Commons Associates, Ltd. NAME OF APPLICANT Eye Care Centers of America, Inc., d.b.a. Visionworks. ADDRESS OFPROPERTY SIZE OF PROPERTY LEGAL DESCRIPTION LAND USE DATA Zoning - Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Proposed City Zoning - Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: 21175 Biscayne Boulevard. Approximately 25 acres. Tract "D" Aventura Commons, Plat Book 151, Page 58 of The Public Records of Dade County, Florida. BU-2 Special Business District RU-2 Two Family Residential RU-2 Two Family Residential PAD Planned Area Development PAD Planned Area development BU-1 Neighborhood Business BU-1A Limited Business Limited B2 Community Business District B2 Community Business District OP Office Park District RS1 Residential Single Family District, and RS2 Residential Single Family District MO Medical Office District Existing Land Use- Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Retail center Vacant land Residential, community (religious) facility, vacant land Residential Vacant land, scattered residential Future Land Use - Miami-Dade County Plan: City of Aventura Plan: Business and Office Business and Office The Site - The subject site, the Aventura Commons Shopping Center, is located at the east side of Biscayne Boulevard and between NE 210 Street and NE 213 Street (See attached Exhibit #2 for location map). The Project- Visionworks is located in an outparcel in the Aventura Commons Shopping Center, fronting on Biscayne Boulevard. The main building of the shopping center is to the east of the Visionworks store, and other outparcels are located to the north and south. Visionworks shares its building with another retail store, Busy Body Home Fitness. (See attached Exhibit #3 for detailed location map.) ANALYSIS Citizen Comments- The Community Development Department has received no written citizen comments. Community Development Department Analysis - The Sign Ordinance allows the applicant one wall sign of 55 square feet or less on the west elevation. The applicant has received a permit for and installed this sign. The size and location of this sign are in conformance with the City's Sign Ordinance. The applicant is requesting one additional wall sign on the north elevation of their store. The applicant maintains that a wall sign located on the north elevation will provide better direction to approaching southbound traffic on Biscayne Boulevard. The proposed second sign is 55 square feet in size, equal in size to the allowed west signage. In those instances where the Sign Ordinance permits a second wall sign, the second sign is allowed to be only one-half the size of the primary wall sign. Criteria The criteria for approval of sign variances as required by the City of Aventura Sign Ordinance (No. 97-17) requires: 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 does not preserve or enhance the unique aesthetic character of the City. Staff believes that the sign would serve a function that is primarily one of advertising or publicizing the store and its products. This is not in keeping with the basic purpose on the City's sign ordinance, which is to allow signage that serves a legitimate directional purpose while discouraging signage that functions primarily as a marketing or publicity device. RECOMMENDATION It is recommended that the City Commission deny the request for one 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: · "Visionworks: Aventura Commons Outparcel 2," prepared by Chandler Signs, dated 1-15-99. 2. Applicant shall obtain building permits for the north elevation sign within 90 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. One (1) wall sign with copy to read "Visionworks" with lettering not to exceed twenty- eight (28) square feet be allowed on the north elevation. 2. Other than the originally permitted west wall sign and this north wall sign, no additional exterior signs be allowed on any wall of Visionworks. l Eye Care Centers of America, Inc. March 26, 1999 To whom it may concern: RE: VISIONWORKS 21175 BISCAYNE BOULEVARD AVENTURA, FLORIDA RECEIVED We, EyeCare Centers of America, Inc. as owners and operators as d/b/a/Visionworks, request consideration in the allowance of one (1) additional exterior wail sign at the recently opened Visionworks retail store in the Aventura Commons Shopping Center. Currently this Visionworks store has only one (1) exterior wall sign installed at the front elevation of the building. This sign is not visible until you are right upon the building driving south or north bound on Biscayne Boulevard. Seemingly, the highest traffic count appears to be south bound on Biscayne Boulevard and due to the fact that there is a major shopping center entrance on the north side of the Visionworks location we would like to request an exception to the City of Aventura sign compliance to allow an exterior set of letters at the actual entry elevation of this retail store. The sign would be position at far most end of the building corner to maximize visibility (see attached Chandler Signs design #99-022SA for exact placement). As Biscayne Boulevard curves, this additional sign would be very visible to passerby traveling on Biscayne Boulevard and would allow our patrons to turn into the shopping centers main entrance prior to passing the store. Please keep in mind that we are NOT allowed any type of identification at the tenant pylon displays currently situated at this shopping center property. We have been quite restricted in regards to sign package for this property and the addition of one (1) wall sign would be very helpful to the success of this location. There will be three (3) representatives at the hearing on May 4% 1999 - Hector Gonzalez - Territory Director, Patti Coley - Chandler Signs and myself. Thank you in advance for your consideration in this matter. er~i H.ectf'ully~ ~C~e'rr~ Proiect Manager of Construction & Design for EyeCare Centers of America, Inc. Eye Care Plaza 11103 West Avenue San Antonio, Texas 78213-1392 210-340-3531 EXHIBIT #1 07-SV-99 DADE COUNTY 207 ST. .~LUB DR. 201 TER. AVENTURA Mall 192 ST, of Aventura 188 ST. 331; 331 LEGEND Roadways City Boundary ZIP ( 07-SV-99 tI. & ................... ViSiOnWOrk~" ~ AWNINg5 NORTHEAST ELEVATION 3/32"= 1 '-0" 5,, 'Visionworks O V-31 CHANNEL LETTERS - ELEVATION (1) SET REQ'D. 1/4"= 1 '-0" RECEIVED 1YE LEI'rER SECTION Visionworks DISTRIBUTION OF PRINTS: ~_C. hondler Smgns Visionworks ~-~_C. handler S~gns Visionworks BiLL OF MATERIALS: DISTRIBUTION OF PRIN[$: ~ _C. ha nd le r S~gns RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING A SIGN VARIANCE FOR EYE CARE CENTERS OF AMERICA, INC. (D.B.A. VISIONWORKS), LOCATED AT 21175 BISCAYNE BOULEVARD, TO PERMIT THE ERECTION OF A SECOND WALL SIGN ON THE NORTH ELEVATION, SIGN SIZE NOT TO EXCEED 28 SQUARE FEET, WHERE ONE (1) WALL SIGN IS ALLOWED BY CODE; PROVIDING AN EFFECTIVE DATE. and WHEREAS, the property described herein is located in a non-residential district; WHEREAS, the Applicant, Eye Care Centers of America, Inc. (d.b.a. Visionworks), through Application No. 07-SV-99, has requested a sign variance to permit the erection of one (1) additional wall sign on the north elevation, sign size not to exceed 55 square feet, where one (1) wall sign is allowed by Code, on that certain property located at 21175 Biscayne Boulevard, a.k.a. Aventura Commons, in Aventura, Florida; and WHEREAS, following proper notice, the City Commission has held a public hearing as provided by law; and WHEREAS, the City Commission finds that the Application meets the criteria of the applicable codes and ordinances to the extent the application is granted herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Resolution No. Page 2 Section 1. Application No. 07-SV-99 for Sign Variance, for a wall sign on the north elevation, sign size not to exceed 28 square feet, on property legally described as: Tract "D' Aventura Commons, Plat Book 151, Page 58 of The Public Records of Dade County, Florida aka Aventura Commons 21175 Biscayne Boulevard is hereby granted exclusively to Eye Care Centers of America, Inc. (d.b.a. Visionworks) subject to the following conditions: 1. Plans shall substantially comply, except as revised pursuant to this approval, with those submitted as follows: · "Visionworks: Aventura Commons Outparcel 2," prepared by Chandler Signs, dated '1-15-99; 2. Applicant shall obtain building permits for the north elevation sign within ninety (90) 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. 3. One (1) wall sign with copy to read "Visionworks" with lettering not to exceed twenty-eight (28) square feet be allowed on the north elevation. 4, Other than the originally permitted west wall sign and this north wall sign, no additional exterior signs be allowed on any wall of Visionworks. Resolution No. Page 3 Section 2. 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 Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder PASSED AND ADOPTED this 4th day of May, 1999. ATTEST: Arthur I. Snyder, Mayor Teresa M. Soroka, CMC, City Clerk APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY This Resolution was filed in the Office of the City Clerk this day of .,1999. CITY CLERK CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commission Eric M. Soroka, City~rvl~Oa'9~r Brenda Kelley, Comm~elopment Direct~ April 29, 1999 Chabad House of North Dade 21001 Biscayne Boulevard RECOMMENDATION It appears that Chabad House of North Dade is making a good faith attempt to continue construction of the permanent facility. It is recommended that the City Commission approve the request with the following conditions: 1. That permit number BL98-193, for the use of the temporary trailers, previously issued for only one (1) year, be extended only until June 15, 2000. 2. That the applicant obtain a master building permit within thirty (30) days of the date of this approval. 3. That a recorded cross-parking agreement be submitted to the City prior to issuance of a Certificate of Occupancy for the permanent facility. 4. That a recorded Improvement Agreement be submitted to the City prior to issuance of a Certificate of Occupancy for the permanent facility. REQUEST The applicant was issued a building permit for temporary trailers to be used as a religious facility during construction of the permanent facility on the site. The permit for the temporary trailers expired on March 30, 1999. Prior to the expiration of the permit, the applicant requested that staff extend the permit. Staff denied the request (see Exhibit #1) and informed the applicant that staff's decision could be appealed to the City Commission. The applicant is requesting that City Commission extend the permit of the temporary trailers (See Exhibit #2). CURRENT STATUS Master Building Permit (Process No. BL99-510) · Electrical approval outstanding · Structural approval outstanding · Zoning approval outstanding (Substantial Compliance approval required) · Landscaping approval outstanding · Fire Department approval outstanding Substantial Compliance Approval - staff is completing the staff report for approval. Since the time that Chabad House of North Dade was informed that their permit would not be extended, they have: · Requested that Alan Rosenthal represent them in connection with the development of the permanent facility; · Submitted an Improvement Agreement for the construction of NE 210 Street; · Submitted a signed cross-parking agreement; · Secured the construction site with the installation of a fence; · Cleaned the site of weeds and debris; BACKGROUND Please find following, information regarding previous approvals and the status of miscellaneous approvals required by Chabad House of North Dade for the completion of the permanent religious facility on the site: Resolution No. 4-ZAB-324-90 (Issued by Miami-Dade County) · Passed and adopted 10/24/90 · Resolution approved, on a temporary conditional basis: 1. special exception to permit a place of worship; 2. non-use variance ... to permit the temporary use of a trailer as a place of worship; 3. non-use variance of setback requirements; 4. non-use variance of parking requirements; 5. non-use variance of lot area requirements; · With conditions as follows: 1. That a plot use plan be submitted... 2. That in the approval of the plan, the same be substantially in accordance...as it applies to the trailer approval. That skirting material ... be provided around the area below the trailer- 3. That the applicants submit...a landscape plan 4. That only one sign... 5. That the use be established and maintained in accordance with the approved plan. 6. That the required parking...should be improved and installed... 7. That the dedication of rights-of-way... 8. That the applicants comply with...DE/~M. 9. That the water and sewage facilities in the trailer meet with the approval of DERM. 10. That the trailer approval.., shall be temporary in nature and be for a period of three (3) years and shall automatically terminate on the 24~ day of October 1993... 11. That the applicants enter into a Trailer Bond Agreement... 12, That the applicants obtain a Certificate... Resolution clearly indicates approval for a temporary use for a three (3) year period. Resolution No. 5-ZAB-470-95 (Issued by Miami-Dade County) · Passed and adopted 12/6/95 · Resolution approved: 1. special exce )tion to permit a proposed religious facility; 2. non-use variance of lot area requirements 3. non-use variance of parking requirements; 4. non-use variance of parking regulations; 5. non-use variance of setback requirements; 6. non-use variance of lot coverage requirements; 7. non-use variance of height requirements; · With conditions as follows: 1. That a site plan be submitted... 2. That in the approval of the plan, the same be substantially in accordance... 3. That the use be established and maintained in accordance with the approved plan. 4. That the applicant submit.., and landscape plan... 5. That no trailers.., and no temporary use of any type shall be permitted on the premises. 6. That the applicant obtain a Certificate ... · Resolution clearly indicates approval for a permanent use and not a temporary use. Resolution No. Z-96-10-ACC-4 (Issued by City of Aventura) · passed and adopted 11/19/96 · Resolution approved: 1. modit]cation of plans for religious facility; 2. special exception for expansion of religious facility; 3. non-use variance of building height; 4. non-use variance of lot area and frontage requirements; 5. non-use variance of number of parking spaces required; 6. non-use variance of setback requirements; 7. non-use variance of requiring 35' right-of-way; · with conditions as follows (and status): 1. That the applicant obtain a Certificate ... - applicant has an up-to-date Occupational License. 2. That the applicant provide and execute a covenant... - recorded and submitted to City 3. That in the approval of the plan, the same be substantially in accordance... 4. That applicant obtain a Cross-Parking Easement Agreement... 5. That the applicant submit ... an Improvement Agreement for the future construction of NE 210 Street... 3 6. That all trailers...be moved and maintained further to the east... - complied (these are the temporary trailers existing on the site). 7. That other than as specifically authorized by condition (6) above,...no temporary use of any type shall be permitted on the property at any time. - the existing trailers are a temporary use. 8. That applicant shall submit to the City's Landscape Architect and City Council...a landscaping plan... - complied. 9. The Zoning Approvals granted are subject to the further condition that development authorized by this Resolution conform to the Plans and be established and maintained in accordance with the Plans. - the site has not yet been developed in accordance with the Plans. Substantial Compliance Determination · Application filed 11-21-97 · Outstanding items required prior to approval: 1. revised plans showing complete calculations and ownership patterns; and 2. recorded cross parking agreement; and 3. recorded NE 210 Street improvement agreement. · Staff is currently preparing a staff report since the above items have recently been received. Permitting Foundation (BL98-185) (permanent structure) · Application filed 12-31-97; · Substantial Compliance Determination not approved so staff approved foundation permit only after receipt of affidavit by architect verifying that foundation is in exact same location as approved plans; · Permit issued 2-19-98; · Revision permit issued 6-25-98 (footing); · Last inspection performed 9-01-98; · Permit expired 12-01-98 · Construction not completed - see attached pictures for status of construction - foundation permit allows for construction up to and including completed pilings. Temporary Trailer(s) (BL98-193) · Permit issued 2-23-98; · Permit issued with condition "permit valid for one year only after issuance of Certificate of Occupancy for trailers"; · Final inspections approved; · Certificate of Occupancy issued on 3/30/98; · Permit expires 3/30/99; · Temporary extension issued by City only until May 5, 1999, with condition that applicant must receive approval by City Commission for extension of permit. As always, please feel free to contact me with any questions you may have. /staff r~oo~ls/chabad 042999 4 CITY OF AVENTURA GOVERNMENT CENTER 2999 N.E. 191ST STREET SUITE 500 AVENTURA~ FLORIDA 3:3180 ARTHUR I. SNYDER f~IAYOR HARRY HOLZ[~ ERG VICE ~fl AYOR March 3, 1999 Via Facsimile (305) 933-0165 and Re.qular U.S. Mail Jay R. BESKIN KEN COHEN JEFFREY M. PERLOW Rabbi Casriel Brusowankin Aventura Turnberry Chabad 21001 Biscayne Boulevard Aventura, FL 33180 re: Chabad House of North Dade Dear Rabbi Brusowankin: Pursuant to your verbal request of February 23, 1999, to extend the permit issued for the temporary trailers on the property, this department has reviewed the previous approvals granted by the City Commission through Resolution No. Z-96-10-ACC-2 and has determined the following: 1. That the permit issued for the existing trailers on the property expires as of March 30, 1999 (1 year from date of issuance of the Certificate of Occupancy); and 2. That Chabad House of North Dade has had approximately one year in which to construct the permanent structure; and 3. That Chabad House of North Dade has not yet obtained a master building permit for the permanent structure; and 4. Staff has determined that Chabad House of North Dade has had sufficient time to complete substantial construction of the permanent structure; and 5. Staff will not recommend approval of the extension of the permit for the temporary facility; and 6. That Chabad House of North Dade may appeal staff's decision not to extend the permit to the City Commission. EXHIBIT #1 PHONE:305-466-8900 ' FAX:305-466~8939 Furthermore, please be advised that the following items are still outstanding, and required, prior to issuance of a master building permit for the permanent structure: 1. That applicant provide and execute a covenant, in a form approved by the City Attorney; a) limiting the duration of the Zoning Approvals granted by this resolution to the specific use authorized herein; b) providing that in the event that the Director of the Dept., upon an annual review, determines that lack of required parking becomes detrimental to the surrounding area, the Property shall be required to comply with minimum parking standards which would be applicable in the absence of the non-use variance granted. 2. That Applicant obtain a Cross-Parking Easement Agreement from the Memorial Gardens and Funeral Chapel located immediately to the south, in a form approved by the City Attorney. 3. That the Applicant submit to the City's Department an Improvement Agreement for the future construction of NE 210 Street, in a form approved by the City Attorney. Please feel free to contact me at (305) 466-8940 with any questions you may have. Sincerely, Br~n~y6~'~ l~"~ Community Development Director CC: Eric M. Soroka, City Manager David M. Wolpin, Weiss Scrota Helfman Pastoriza & Guedes /leffe~'/'omsowankin 030199 chabad ROSENTHAL ROSENTHAI_ RA$CO TURNI~ERRY P~i SU~ ~0 2B75 NOF~THiEAST Igl~T ~'TREET iVlB',,rrU PA, FLORIDA 3:~ 180 TELEPHONE FACSIMILE NUMBER: 305-466-$949 Ms. Brenda Kelley Community Development Director City of Aventura 2999 N. E. 191st Street Suite 500 Aventura, Florida 33180 April 29, 1999 RECEIVED APR 3 0 1999 ~OMMLINI17 DE'VELI:31~ENT Chabad House of North Dade, Inc. 21001 Biscayne Boulevard Dear Brenda: In connection with the captioned and in response to your letter of April 1, 1999, please be advised that the Agreement concerning the completion of construction of N. E. 210th Street bar been modified so as to comport with the City A~tomey's and your suggestions, and is provided for your review. It will be signed and delivered to you prior m the City Council meeting of May 4, 1999. ' The Cross-Parking Agreement hn~ previously been submittcd to you and to the City Attorney for his review and if it is acceptable will be recorded in the Public Records of Miami-Dade County, Florida, with thc original being forwarded to your office after it is returned from the County Records. I bclicvc that, in conformity with prior discussions betwcan you and I and tl~ City Building Officials, the site has been improved and with the delivery of the documents referred to above I believe all requirements for the issuance of a Building Permit have been submitted. If I am incorrect in this regard please advise what remains to accomplish Substantial Compliance. Turning now to your letter of April 1, 1999 and the timef~ames that you have requested, please be advised of the following contemplated construction timeframe, to- m EXHIBIT #2 City of Aventura 2 April 29, 1999 1. Chabad will, within thirty (30) days of the issuance of a Building Permit secure the same from the City and commence construction. 2. Chabad will complete construction of the development within one (1) year from the date the City of Aventura issues its Building Fe,//~it for thc construction of this project. - 3. Chabad will complete all improvements to N. E. 210th Street with~, one (1) year from the date the City of Aventt~a issues its Building Permit for the construction of this project. I would hope that the foregoing correctly sets forth the current status of the captioned matter, however, if it does not please advise as to any deficiencies or errors. Please keep in mind that the securing of thc Cross Parking Agreement l~s been a major deterrent tn this project going for~vard. In addition m the City requiring the same for permitting the lenders contacted by Chahad have evidenced their inability to provide financing without this Cross Parking Agreement having been accomplished. In that regard, prior to the hearing on May 4-, 1999 before the City Council I should have in hand a letter from a lend/ng institution evidencing their agreement to fund a construction loan to Chahad. Let me thank you for your courtesy and cooperation herein and with warmest personal regards I remain, ASR:ow Cordially, ]~nc]osure ce.' Mr. Eric Soroka; Facsimile Number: 305-466-8919 David Wolpin, Esquire; Facsimile btumber: 305-854-2323 Mr. Mendel Goren; Facsimile Number: 305-937-1545 BEFORE AFTER BEFORE AFTER MINUTES CITY COMMISSION MEETING TUESDAY, APRIL 6, 1999 6:00 P.M. Biscayne Medical Arts Center 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 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. Soroka, and City Attorney Richard Jay Weiss. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE. Dr. Barry Silverman 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 these hearings 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 APPROVING A SIGN VARIANCE TO PERMIT A WALL SIGN NOT TO EXCEED 90 SQUARE FEET FOR ORTHOPEDIC CARE CENTER LOCATED AT 21000 NE 28 AVENUE; PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Berger 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 individual(s) addressed the Commission: Stanley Price, Esq., 2500 First Union Financial Center, and Dr. Barry Silverman, representing the applicant. There being no further speakers, the public hearing was closed. An amendment was offered by Commissioner Perlow and seconded by Commissioner Rogers-Libert to add an additional Whereas clause stating that the uniqueness of the services provided and the fact that they may be emergency in nature warrant identification of the property. The amendment passed unanimously. The motion for approval of the resolution, as amended, passed unanimously and Resolution No. 99-16 was adopted. ELECTION OF VICE MAYOR: A motion that Commissioner Patricia Rogers- Libert serve as the next Vice Mayor was offered by Commissioner Beskin seconded by Commissioner Berger, and unanimously passed. APPROVAL OF MINUTES: A motion to approve the minutes of the March 2, 1999 Commission Meeting, the March 22, 1999 Special Meeting and the March 22, 1999 Workshop Meeting, was offered by Vice Mayor Rogers-Libert, seconded by Commissioner Berger and unanimously passed. 6. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: 7. SPECIAL PRESENTATIONS: None. 8. CONSENT AGENDA: Commissioner Beskin requested removal of item 8-D, Commissioner Perlow requested removal of items 8-A and 8-C and Commissioner Berger requested removal of item 8-E, all from the Consent Agenda. A motion to approve the remainder of the Consent Agenda was offered by Vice Mayor Rogers-Libert, seconded by Commissioner Perlow, unanimously passed and the following action was taken: B. Resolution No. 99-17 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA RECREATION AND CULTURAL ARTS ADVISORY BOARD; AND PROVIDING AN EFFECTIVE DATE. The following items were removed from the Consent Agenda and addressed separately: 2 A. Mr. Weiss read the following motion: MOTION TO RATIFY THE CITY MANAGER'S RE-APPOINTMENT OF JUDGE ALFRED ("FRED") NESBITT AND HERBERT L. KLIGER, J.D. AND APPOINTMENT OF ROBERT A. FRIEDMAN AS SPECIAL MASTERS A motion for approval was offered by Commissioner Perlow and seconded by Commissioner Berger. Commissioner Perlow requested that Robert Friedman and Judge Alfred Nesbitt address the Commission and respond to his concern regarding impartiality as to certain issues that may come before them as Special Master. They both confirmed that they would be impartial on any issue that may come before them, including citations issued for violation of the City's leash law. The motion for approval passed unanimously. C. Mr. Soroka read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ADJUSTING THE 1998/99 FISCAL YEAR OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Rogers-Libert and seconded by Commissioner Pedow. Ms. Kelley provided an update as to code enforcement at Founders Park relative to (~ the leash law. A motion to defer this item to the next meeting was offered by Commissioner Pedow and seconded by Commissioner Holzberg. Mayor Snyder opened the floor to public discussion. Commissioner Berger raised a point of order regarding members of the public speaking to this issue. Mayor Snyder ruled that the public would be permitted to speak. Commissioner Beskin appealed the ruling of the Chair. The ruling of the Chair prevailed with Commissioners Cohen, Beskin and Berger voting for appeal and Commissioners Perlow, Holzberg, Vice Mayor Rogers-Libed and Mayor Snyder voting against the appeal. The following individuals addressed the Commission: David Vogel, Esq., Summit Apartments, 3150 NE 190th Street; Jeffrey Green, 3808 NE 209 Terrace, Waterways; Sergio LePonte, Summit Apartments; Betsy Graber, Waterways; Harry Crook, Commodore Plaza; Art Grossman, West Country Club Drive; Ginger Grossman, West Country Club Drive; Adam Nathman, Summit Apartments; Allison Friedman, Aventura Lakes; Leslie Goldman, Turnberry North Tower; Mary Doyle, 17980 NE 31st Court; Rubin Steiner, 20301 West Country Club Drive; and Max Israelson, Turnberry North. An amendment was offered by Commissioner Cohen and seconded by Vice Mayor Rogers-Libert not to permit dogs at the southern portion of Founders Park if this Resolution is passed. Commissioner Pedow amended his motion to provide for a 90-day deferral of the 3 resolution. The amendment was seconded by Commissioner Holzberg. The motion passed 4-3, with Mayor Snyder, Vice Mayor Rogers-Libert, Commissioners Holzberg and Perlow voting yes and Commissioners Cohen, Beskin and Berger voting no. A motion was offered by Commissioner Perlow and seconded by Commissioner Holzberg to direct staff to prepare an emergency ordinance providing an exception to the Code to allow unleashed dogs at the southern portion of Founders Park during the hours of 5 p.m. to closing, except during special City events, for a 60-day trial period. The motion passed 5-2, with Commissioners Berger and Beskin voting no. D. Mr. Weiss read the following motion: MOTION TO ACCEPT FOR FILING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDED 9/30/98 The motion was offered by Commissioner Beskin and seconded by Vice Mayor Rogers- Libert. Finance Support Services Director Harry M. Kilgore addressed concerns of the Commission. The motion for approval passed unanimously. E. Mr. Weiss 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 INTERLOCAL AGREEMENT BETWEEN THE CITY OF AVENTURA AND MIAMI-DADE COUNTY FOR THE PROVISION OF PUBLIC TRANSPORTATION SERVICES WITHIN THE CITY OF AVENTURA; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Rogers-Libert, seconded by Commissioner Holzberg passed unanimously and Resolution No, 99-18 was adopted. 9. PUBLIC HEARING: ORDINANCES - FIRST READING: None 10. PUBLIC HEARINGS: ORDINANCES - SECOND READING: A. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CITY CODE CHAPTER 2, ADMINISTRATION, ARTICLE VI, LOBBYING ACTIVITIES, BY AMENDING IN SECTION 2-371(2) THE DEFINITION OF LOBBYIST; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE A motion for approval was offered by Vice Mayor Rogers-Libert and seconded by Commissioner Beskin. Mayor Snyder opened the public hearing. There being no 4 speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 99-05 was enacted. B. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING VEHICLE HANDBILL ORDINANCE PROHIBITING THE DEPOSIT OR PLACEMENT OF COMMERCIAL ADVERTISING MATERIAL UPON VEHICLES PARKED ON STREETS OR PARKED UPON CERTAIN OFF- STREET PARKING AREAS; PROVIDING FOR PURPOSE AND LEGISLATIVE FINDINGS; PROVIDING DEFINITIONS; PROVIDING APPLICABILITY; PROVIDING PROHIBITION OF VEHICLE HANDBILLS; PROVIDING SlGNAGE REQUIREMENTS; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTY; PROVIDING FOR EFFECTIVE DATE. A motion for approval was offered by Commissioner Beskin and seconded by Vice Mayor Rogers-Libert. Mayor Snyder opened the public hearing. The following individual spoke to this ordinance: George Berlin, Turnberry & Associates. There being no further speakers, the public hearing was closed. An amendment was offered by Commissioner Beskin and seconded by Vice Mayor Rogers-Libert to amend Section 2.01(b) to add and garages after parking lots. The motion for approval, as amended, passed 6-1 by roll call vote with Mayor Snyder voting no and Ordinance No. 99-06 was enacted. C. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA EXTENDING THE DURATION OF THE EXISTING BUILDING MORATORIUM ON ISSUANCE OF DEVELOPMENT ORDERS AND DEVELOPMENT PERMITS WITHIN THE CITY CONCERNING BUILDING HEIGHT LIMITATIONS AS PREVIOUSLY IMPOSED PURSUANT TO ORDINANCE NO. 98-20 OF THE CITY OF AVENTURA; BY AMENDING SECTION 7 "TERM" OF ORDINANCE NO. 98-20 TO PROVIDE FOR EXTENSION OF SUCH MORATORIUM, SO AS TO ENABLE CITY'S LAND DEVELOPMENT REGULATIONS TO BE COMPLETED AND IMPLEMENTED; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Vice Mayor Rogers Libert and seconded by Commissioner Berger. Mayor Snyder opened the public hearing. There being 5 no speakers, the public hearing was closed. The motion for approval passed unanimously by roll call vote and Ordinance No. 99-07 was enacted. D. Mr. Weiss read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE NEGOTIATION OF A LOAN FROM THE FLORIDA MUNICIPAL LOAN COUNCIL IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $21,000,000 TO FINANCE THE PURCHASE OF REAL PROPERTY TO BE USED AS PARKS AND RECREATION AND CITY ADMINISTRATIVE COMPLEX AND POLICE STATION AND THE ACQUISITION, CONSTRUCTION, EQUIPPING AND INSTALLATION OF IMPROVEMENTS TO THE REAL PROPERTY AND THE REPAYMENT OF THE LINE OF CREDIT DATED DECEMBER 20, 1996, WHICH LINE OF CREDIT WAS ISSUED TO PROVIDE TEMPORARY FUNDING FOR SAID PROJECTS; INCORPORATING THE PROVISIONS CONTAINED IN RESOLUTION NO. 99-15 INTO THIS ORDINANCE; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. A motion for approval was offered by Vice Mayor 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. 99-08 was enacted. 11. RESOLUTIONS: Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING THE CHANGE OF CONTROL OF THE TCl TKR OF SOUTH FLORIDA, INC CABLE TELEVISION FRANCHISE FROM TCl TO AT&T CORP.; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Beskin and seconded by Commissioner Berger. Braulio L. Baez, Esq., representative of Leibowitz & Assosciates, addressed the Commission and noted that paragraph 7 of the affidavit would be amended to replace "comparable" with "at least as favorable as". An amendment was offered by Commissioner Beskin, seconded by Vice Mayor Rogers-Libert and unanimously approved to incorporate into the agreement language regarding @Home services as outlined in Mr. Baez's letter dated April 6, 1999 addressed to and agreed to by Michael D. Woods, Corporate Director of Franchising for TCI TKR. The motion for approval of the resolution, as amended, unanimously passed and Resolution No. 99-19 was adopted. 6 12. OTHER BUSINESS: DISCUSSION AND REVIEW OF REPORT ON PROPOSED CULTURAL ARTS CENTER ACTION PLAN (City Manager) Deferred to April Workshop Meeting. 13. REPORTS: As presented. 14. PUBLIC COMMENTS: The following individuals addressed the Commission: Mr. Crook; Ms. Grossman. 15. 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 p.m. Teresa M. Soroka, CMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings if made, which record includes the testimony and evidence upon which the appeal is to be based. 7 MINUTES CITY COMMISSION SPECIAL MEETING TUESDAY, APRIL 20, 1999 9:00 A.M. Government Center 2999 NE 191~ 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 L Snyder. Present were Commissioners Arthur Berger, Jay R. Beskin, Ken Cohen, Harry Holzberg, Jeffrey M. Perlow, Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City Attorneys David M. Wolpin and Jeffrey Sheffel. Vice Mayor Patricia Rogers-Libert was absent due to illness. As a quorum was determined to be present, the meeting commenced. PUBLIC HEARING - ORDINANCE - FIRST READING: Mr. Wolpin read the following ordinance by title: AN EMERGENCY ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 10 "ANIMALS," AMENDING PARAGRAPH (D) "CANINES TO BE LEASHED," OF SECTION 10-1 "REMOVAL OF CANINE FECAL MATTER; CANINES TO BE LEASHED," BY PROVIDING FOR EXEMPTION TO CANINE LEASH REQUIREMENT AT DESIGNATED PUBLIC PARK LOCATION DURING DESIGNATED HOURS; PROVIDING FOR DECLARATION OF EMERGENCY; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. A motion for approval was offered by Commissioner Berger and seconded by Commissioner Perlow. Mayor Snyder opened the public hearing. The following individuals addressed the Commission: Phil Huber, Dir. Security, Williams Island; Max Israelson, 19707 Turnberry Way; Ruby Steiner, 20301 West Country Club Drive; Tony Tedesco, Mystic Point; Sara Ardella, Aventura; Robert Diamond, 3000 Island Boulevard; Monique Apts.; Leonard Brenner, 19355 Turnberry Way; Loren Spinnett, Point East; Bernie Weinstein, Terraces at Turnberry; Michelle Tedesco, Mystic Point; Harry Crook, Commodore Plaza. There being no further speakers, the public hearing was closed. The motion for approval failed unanimously. RESOLUTION: Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 99-4-5-2, BISCAYNE 4/FEC LANDSCAPE BUFFER, TO VILA & SON LANDSCAPING CORPORATION AT THE BID PRICE OF $849,100.15. AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Cohen, seconded by Commissioner Holzberg and unanimously passed. 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 10:20 a.m. Teresa M. Soroka, CMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings if made, which record includes the testimony and evidence upon which the appeal is to be based. 2 MINUTES CITY COMMISSION WORKSHOP MEETING TUESDAY, APRIL 20, 1999 10:20 A.M. Aventura Government Center 2999 NE 19~1st Street Suite 500 Aventura, Florida The meeting was called to order at 10:20 a.m. by Mayor Arthur I. Snyder. Present were Commissioners Arthur Berger, Jay R. Beskin, Ken Cohen, Harry, Holzberg, Jeffrey M. Perlow, Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City Attorneys David M Wolpin and Jeffrey Sheffel. Vice Mayor Patricia Rogers-Libert was absent due to illness. As a quorum was determined to be present, the meeting commenced. Cultural Arts Center: Mr. Soroka provided Commissioners with proposed action plans for the construction of a Cultural Arts Center. Consensus to proceed with Alternative #1. 2. Land Development Requlations: Mr. Soroka gave a brief overview of the proposed land development regulations and provided a tentative schedule for adoption. Workshop meeting scheduled for May 4, 1999 at 4 p.m. Staff to meet with representatives of the development community to obtain their input prior to the May 4th Workshop. 3. Council of Mayors (Mayor Snyder): Mayor Snyder advised the Commission of the formation of this organization, its purpose, current agenda and requested Commission's input as to membership therein. No consensus given. Mayor to report further at future meeting. 4. Other Business: Commission discussed personal contribution as gift to City Manager. The meeting adjourned at 12 noon. Teresa M. Soroka, CMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings if made, which record includes the testimony and evidence upon which the appeal is to be based. 2 CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: City Commissio .~~f Eric M. Soroka, ,~.., _~ _.. Robert M. ~..~_~ Sherman, 3f Community Services April 26, 1999 Bid No. 99-4-19-2, NE 190th Street Improvements May 4, 1999 City Commission Meeting Agenda Item Recommendation It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 99-4-19-2, NE 190th Street improvements to the lowest responsible and responsive bidder, Vila and Son Landscaping, Inc. for the price of $649,728.10. BackRround In accordance with the City's Purchasing Ordinance, bids for this project were solicited, advertised and opened on April 19, 1999. All contract specifications were reviewed by the Finance Support Services Director, City Attorney and Landscape Architect prior to advertising for bids. The City received two (2) qualified bids for this project and were as follows: Vila and Son Landscaping Recio and Associates $649,728.10 663,909.30 Both bids were under the existing budget balance for this account of $735,000.00. This project encompasses new landscaping, irrigation and decorative streetlighting primarily in the swales of NE 190th Street from NE 29th Avenue to the Hidden Bay entrance. All of the existing palm trees in the medians will remain and be supplemented by seasonal color, and will not be uplighted. Coconut palms accented with shrubbery will be City Commission April 26, 1999 Page Two installed at the intersections of NE 29th Avenue and West Country Club Drive. All existing traffic signposts will be painted and new, efficient irrigation systems will be installed in both swales. New sidewalk will be added on the southwest portion of NE 190th Street. This project is scheduled for completion within 120 days after the "Notice to Proceed" is issued to the contractor by the City. Vila & Son has worked for the City of Aventura for several beautification projects. On all occasions their work was satisfactory and their financial reports are on file with the City. If you have any further questions or need additional information, please feel free to contact me. RMS/gf Attachments RMS99047 THIS BID OS SUBMI'FrED TO: City of Avcnt~wa 2999 NE 191 STREET, SUIII~ 500 Aventura, FLORIDA 33180 NE 190a S~eet Improvements, Bid No 99..4-19-2 I. SECTION 00410 BID FOR3I The undersigned BIDDER proposes and agreas, if this Bid is accepted, to enter into an agreement with The City of Avantura in the form included in the Contract Document to perform and furnish all Work as specified or indicated in the Contract Document for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. BIDDER acce?~ ~1} nr the terms and conditions of the Advertisement or Invitation to Bid and Ins~actions to BIDDER'S, incinding without limitation those dealing with the deposition of Bid Security. This Bid will remain subject to acceptance for 90 days after the day of Bid opening. BIDDER agrees to sign and submit the Agreement with the Bonds and other documents required by the Bidding Requirements within ten days after the date of City's Notice of Award. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined copies of all the Bidding Documents and of the following Addenda (receipt of (b) (c) all which is hereby acknowledged.) Addendum No. O[ Dated: ~[/t~/q~ Addendum No. Dated: Audendum No. ,)ated: Addendum No. Dated: BIDDER has familiarized themselves with the nature and extent of the Contract Documents. Work, site, locality, and all local conditions and Law and Regulations that in any manner may affect cost, progress, performance of furnishing of the Work. BIDDER has studied carefully all reports and drawings of subsurface conditions and drawings of 00410 - I phFsical conditions. (d) BIDDER has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies (in addition to or to supplement those referred to in (c) above) which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or furnishing of the Work at the Conmact Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigations, explorations, tests, reports or similar information or data are or will be required by BIDDER for such purposes. (e) BIDDER has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Under~ound Facilities are or will be required by BIDDER in order to perform and furnish the Work at the Contract Price. within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. (t) BIDDER has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents (g) BIDDER has given Consultant written notice of all conflicts, errors, discrepancies that it has discovered in the Con~ract. Documents and the written resolution thereof by Consultant is acceptable to BIDDER. (h) TSis Bid is genuine and not made in the intere ." or cn oehalf of any undisclosed pcrson, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham B,d; BIDDI~R has not solicited or induced any person, fu'xn or corporation to refi'ain fi.om bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over the City. BIDDER understands and agrees that the Contract Price is lump sum to furnish and install all of the Work complete in place. The Schedule of Values is provided for the purpose of Bid Evaluation and when initiated by the City, the pricing of change orders. Contractor's price will not be adjusted to reflect any deviation fi.om the Schedule Of Values. except to the extent that the CiD changes the scope of Project aRer the Contract Date. 00410- 2 1 I I I I I i i I I I I I I i ! I I As such the Contractor shall furnish all labor, materials, equipment, tools superintendence and services necessary to provide a complete in place Project for the Bid Price of: BAszBIO: ~ ~,Zq/7 ~ /-'~/',,/t~)~--,~'~) ~A,~"A/~'" ~Z~'/~.~, dollarsand cents LUMP SUM (Written Total Base Bid Price - From Schedule Of Values, Page 00410-6) BIDDER agrees that the work will be coraplete in full within 120 calendar days from the date stipulated in the Notice to Proceed. Communications concerning this Bid shall be addressed to: Address: Telephone Facsimile Number Attention: ,e~ [ ~_~) ~ ~ 7. The terms used in this Bid which are defined in the general Conditions of the Construction Contract included as part of the Contract documents have the meanings assigned to them in the General Conditions. 00410- 3 SCHEDULE OF VALUES FOR LUMP SUM CONTRACT BASE BID N.F~ lPO~ STREET IMPROVEMENTS ~ENE~J.~ m~qunu~,rr References Quantity Description Unit Unit Price Extended Cost S~tion 01500 I Temporao, Facilitics LS $ [l~tL~::~." $ [~'tSt::7~.'-'t 01550 I Traffic Control LS $l~tL;l~.~' $ I~Ot~.- SLrBTOTAL $ ~ ~'-- DEMOLITION References Quantity Description Unit Unit Price Extended Cost Section 02222 I RightofWayPreparation LS $~,771F S~,771.-- SUBTOTAL $ ~, 7'I lo -- PAVING Refexences Quantity Description Unit Unit Price Extended Cost Section 02775 1500 4' Concrete Sidewalk SF S 4.qo s 7,~o.' SUBTOTAL s 7, 56~.' IRRIGATION References Quantity Description Unit Unit Price Extended Cost Section 02810 1 Landscap~ Irfisation LS SUBTOTAL $ 7q, 00410 - 4 Il d i i 1 i i a iii ii il ii SIGNAGE References Quantity Description Unit Unit Price Extended Cost Section SUBTOTAL $ ~ · LANDSCAPE Re~ere~ces' Quantity Description Ur~t Unit Price Extended Cost Section 02900 104 Cocos nucifera ']Vlaypan' (Coconut Palm) EA $ 02900 360 Ficus benjamlna (Weeplng Fig) EA $ '7..~> $ 02900 1440 Jasminum Volubile (Wax Jasmine) EA 02900 3296 Lifiope 'Va.4egata' (Vafiegat ed Lirlope) EA 02900 225 Zamia Fuffuracea (Cardboard Plant) EA $ 02900 3466 Seasonal Color (To Be Selected By Owne0 02900 38,500 SL Augustine 'FIoratam' Sod SF SUBTOTAL pAI]'~TI~G References Quantity Description Unit Unit Price Extended Cost Section 09900 I0 palm Tra~c Sign Posts EA SUBTOTAL $ ELECTRICAL References Quantity Description Unit Unit Price Extended Cost Section / n .- A ~ l" Conduit LF 16050 .,-- - 00410 References Quantity Description Unit Unit Price Extended Cost Section 16050 ..r~-~ ~UBox~s, 3SSeries EA S~';ZT? S ~/,b~.t.~o 16050 ~ W',~s~Co~io,~s rs S'2~O~: S ~.~O'~.~ 16050 1 ServicePoint LS slq,$TZ' $ Iq~77. oo 16050 18 Type"A' Stree~Light andFoundafion EA $::~0.""'$ ~2.,,1~. -- 16050 1~ T~e,,A~ S~,Lii~tandVo~atio~* EA S~:/O.~' S 7~ ItO. ~ B~er ~s 162~ 750 lack~dBore LF S ~Z.(o s ~1~7~.~ S~TOT~ $~,0~ .~ ALLOWANCES References Quantity Description Unit Unit Price Extended Cost Suction 012]0 I Owners AlJowance $20,000.00 $20,000.00 SUBTOTAL $20,000.00 ITOTAL OF BASE BID ITOTAL OF BASE BID PLUS ALLOWANCE $ 00410- 6 If BIDDER is: By: doing business as: Business address: (SEAL) (Individual's Name) Phone No: Facsimile No: A PARTNERSHTP By: ( irm's Name) (SEAL) (General Parmer) Business address: Phone No: Facsimile No:- 00410- 7 A CORPORATION By: (Corporation Name) By: (State of Incorporation) (Name of Person Authorized to Sign) (Tit .~) ~(~ (Corporate Seal PhoneNo: 5~'~e~'q7'~/° racsimileNo: '~[' ~'~"~2~7 00410- 8 RESOLUTION NO. 99-__ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 99-4-19-2, N.E. 190th STREET IMPROVMENTS, TO VlLA & SON LANDSCAPING, INC., AT THE BID PRICE OF $649,728.10; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Aventura, Florida, has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids for BID NO. 99-4-19-2, N.E. 190th STREET IMPROVEMENTS; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and requirements for the project/work as cited above; and WHEREAS, staff has determined that Vila & Sons Landscaping, Inc., has submitted the lowest responsible and responsive bid for said project/work; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive bidder; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1: That bid/contract for BID NO. 99-4-19-2, N.E. 190th STREET IMPROVEMENTS, is hereby awarded to Vila and Sons Landscaping Inc., in the amount of $649,728.10. Resolution No. Page 2 Section 2: City, a contract The City Manager is hereby authorized to execute, on behalf of the by and between the parties embodying the terms, conditions, specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid specifications, bid proposal and bid requirements, or if a City prepared contract was part of said bid proposal, said parties shall execute said prepared contract on behalf of the City. Section 3: That the City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this bid/contract. Section 4: That the funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from the General Fund Line Item No. 001-80-539-6314. Section 5: This Resolution shall be effective immediately upon its adoption. The foregoing resolution was offered by The motion was seconded by vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder , who moved its adoption. and upon being put to a vote, the Resolution No. Page 3 PASSED AND ADOPTED this 4th day of May, 1999. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY A'I-I'ORN EY CITY OFAVENTURA TO: FROM: DATE: SUBJECT: OFFICE OF THE CITY MANAGER MEMORANDUM City Commission Eric M. Soroka, Cj~M~ er April 29, 1999~'~-~(' (~ Traffic Control Jurisdiction Agreement - Mystic Pointe Master Association May 4, 1999 City Commission Meeting Agenda Item , .- RECOMMENDATION It is recommended that the City Commission authorize the execution of the attached Traffic Control Jurisdiction Agreement with the Mystic Pointe Master Association to provide traffic control jurisdiction by our Police Department over the private roads within the condominium. The Agreement will increase the visibility of the police force and enhance traffic enforcement. BACKGROUND In our continued efforts to provide improved police services to the community, we have initiated a program that allows a condominium or homeowners associations to enter into an Agreement with the City to provide traffic control jurisdiction over a private roadway within the development. This permits the Police Department to conduct traffic enforcement activities on private property at the request of the owner. Florida State Statute 316,006 allows municipalities to enter into such agreements provided they are reimbursed for the actual costs of traffic control and enforcement, the owner agrees to indemnify the City and provide liability insurance. The City will bill the owner $25.00 per hour for each officer required to perform the traffic enforcement detail when requested by the owner. Whenever possible, traffic complaints made by the occupants of the property will be responded to and handled as a call for service, without charge to the owner. Memo to City Commission Page 2 The program has been received well by the community. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0745-99 RESOLUTION NO. 99- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED TRAFFIC CONTROL JURISDICTION AGREEMENT BETWEEN MYSTIC POINTE MASTER ASSOCIATION AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute the attached Traffic Control Jurisdiction Agreement between Mystic Pointe Master Association and the City of Aventura. Section 2. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg immediately upon its by Commissioner Resolution No. Page 2 Commissioner Jeffrey M. Perlow Vice Mayor Patri¢ia Rogers-Libert Mayor Arthur I. Snyder PASSED AND ADOPTED this 4th day of May, 1999. ATTEST: ARTHURI. SNYDER, MAYOR TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY ON THE BAY MYSTIC POINTE MASTER ASSOCIATION April 12, 1999 Mr. Eric Soroka, City Manager City of Aventura 2999 NE 19]st Street Suite 500 Aventura, FL 33180 DearMr. Soroka: Enclosed please find the Traffic Control Jurisdiction Agreement which has been signed by Mystic Pointe Master Association. I would appreciate your office executing this agreement on page 5. Also enclosed is the Certificate of Insurance that is required. Please forward us a copy of the executed agreement and forward to the appropriate office so that traffic patrol at Mystic Pointe can be provided. Sincerely, MYSTIC POINTE MASTER ASSOCIATION Fern Tirone Property Manager 3595 Mystic Pointe Drive, Aventura, Florida 33180 (305) 932-9600 · Fax (305) 931-4297 TRAFFIC CONTROL JURISDICTION AGREEMENT THIS AGREEMENT is made and entered into this k/F day of -7'~.~ .199_p by and between (the "Owner") and the City of Aventura, Florida, a Florida municipal corporation (the "City"). RECITALS A. Owner owns fee simple title to all the private roadways within the area described as follows: of Dada County, Florida, and commonly known as (the "Private Roads"). B. Owner desires the City to exercise traffic control jurisdiction over the Private Roads, and City desires to exercise such traffic control jurisdiction, pursuant to Florida State Statutes 316.006. NOW, THEREFORE, for Ten and No/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and City agree as follows: 1. Recitals. The foregoing Recitals are true and correct and are incorporated herein by this reference. 2. Traffic Control Jurisdiction Services. The City agrees to exercise traffic control jurisdiction over the Private Roads in accordance with the following terms and conditions. (a) City shall provide for Police Officers of its Police Department to patrol, by motor vehicle, the Private Roads, in accordance with the schedule and manpower indicated on Exhibit "A" attached hereto, subject to availability. (b) In exercising such traffic control jurisdiction, the City shall enforce the traffic laws generally applicable to streets and highways under the City's original jurisdiction which are similar in nature to the Private Roads, except only that the City shall enforce the speed limit established by Owner, in Owner's sole discretion, for the Private Roads, which speed limit Owner shall post along the Private Roads by appropriate signage. (c) The City's exercise of traffic control jurisdiction pursuant to this Agreement shall be in addition to the jurisdictional authority presently exercised by the City over the Private Roads under law, and nothing herein shall be construed to limit or remove any such jurisdictional authority, the City agreeing to continue to provide such other police services as are otherwise provided under law. (d) In addition to exercising traffic control jurisdiction over the Private Roads as indicated on Exhibit "A", the City shall be entitled to exercise traffic control jurisdiction, even when not requested by Owner; provided, however, the City shall not be entitled to any compensation from Owner pursuant to Paragraph 3 below for exercising such discretionary additional traffic control jurisdiction, although the City shall 2 be entitled to retain all revenues from traffic citations issued by the City for violations of traffic laws along the Private Roads, in accordance with law. (e) Nothing in this Agreement shall require, authorize or permit the City to exercise any control or responsibility concerning the installation or maintenance of traffic control devices. 3. Compensation. Owner shall compensate City for the services performed by the City under this Agreement at the rate indicated on Exhibit "B' attached hereto, so as to assure full reimbursement for costs incurred by City, as determined by City, on the 15th day of each month for service provided in the prior month, upon invoice from City. In addition, the City shall be entitled to retain all revenues from traffic citations issued by the City for violation of traffic laws along the Private Roads as provided by law. Except as provided in the first sentence of this Paragraph 3, Owner shall not be responsible to pay the City any compensation for performing police services pursuant to this Agreement. This shall not preclude the assessment of impact fees or other fees provided by law. 4. Liability Not Increased. Neither the existence of this Agreement nor anything contained herein shall give rise to any greater liability on the part of the City than the City would ordinarily be subjected to when providing its normal police services as routinely provided throughout the City. 5. Term. The term of this Agreement shall be one (1) year commencing on the date hereof and ending one (1) year following the date hereof, and shall thereafter automatically continue for successive one (1) year terms, unless terminated by either 3 party upon written notice to the other party given at least thirty (30) days prior to the expiration of the then-applicable one (1) year term. 6. Entire Agreement. This Agreement constitutes the entire understanding and agreement of the parties with respect to the subject matter hereof and may not be changed, altered or modified except by an instrument in writing signed by the party against whom enforcement of such change would be sought. 7. Governinq Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any litigation between the parties for any controversy arising from or related to this Agreement shall be in the 11th Judicial Circuit in and for Dade County, Florida. 8. Indemnification and Insurance. Owner agrees to defend, indemnify and hold the City harmless from any claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed or recovered against or from the City by reason of any property damage or bodily injury, including death, sustained by any person whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out of or is incidental to or in any way connected with this Agreement, and regardless of whether such claim, demand, suit, loss, damage, cost or expense is caused in whole or in part by City's negligence, or by the negligence of City's agents, servants or employees. In support, but not in limitation of this indemnification provision, Owner hereby agrees to maintain and pay all premiums for a policy of comprehensive general liability insurance in an amount of not less then $300,000 combined single limit insurance covering any occurrence on or adjacent to the Private Roads described above, resulting in property damage or bodily injury or death to person or persons. 4 Such insurance policy shall name the City and City's officers, agents and employees as additional insured with respect to traffic control or enforcement of the Private Roads and shall provide for 30 days prior written notice of any cancellation or change in scope or amount of coverage of such policy. Owner shall furnish City with a Certificate of Insurance evidencing compliance with the provisions of this section. EXECUTED as of the date first above written in several counterparts, each of which shall be deemed an original, but all constituting one Agreement. Signed, sealed and delivered OWNER: ATTEST: Teresa M. Smith, CMC City Clerk Approved as to Legal Sufficiency: City Attorney CITY OF AVENTURA, a Florida Municipal corporation By. Eric M. Soroka City Manager Exhibit A Patml Aventura Police Officers in marked police vehicles or motorcycles will patrol the private roads of the ~"77/J.~'/--~L'z'~i ~t~)~z4~ ~ (~z~t(: ic~t.~ on a random basis 24 hours 15er day. VVhenever possible, Traffic complaints made by occupants of the property, will be responded to and handled as a call for service, without charge to the Owner. Traffic complaints that require extended patrol, where the cost of service will be billed to the Owner, will only be conducted with prior approval of the Owner. When requested by the Owner to perform specific traffic enforcement duties, the Owner will be billed in accordance with Exhibit B. 6 Exhibit B Compensation The City will bill the Owner $25.00 per hour for each officer required to perform the requested traffic enforcement detail. 7 5900 N. Andrews ~ve. $900 P.O, ~ox E727 Ft. Lauderdalo FL 33510-S727 Joseph Knapp P.,P.,P.,P.,P.,P.,~o 9S~-776-22~2 F~ ~o9~4-776-4446 MymCic Poinus Master Association, Inc. 3E95 M~stic Points Drive Aventura FL 33180 ~ERTIFICATE lei ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOTAMEND, EXTEND OR ALT~R THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGt= A United National InGuranca Co. r S C O ! COMMERCIAI'OEN~R~-L~ILR3' L712S?$0 ' 0{[ $ CR[PTION OF O PIERATIO N ~WIL O~ATION.~b'VI~ HIC[.~/S p E CtAL ITEMS Certificate holder £s additional insured under the GL ,s 50,000 None., CERTIFICATE HOLDER CANCELLATION CLeF of Avon=ufa 2999 NE 191s~ Stree=, Ste 9500 Aventura PL 33180 ACOR,? 25-S (1/g5) AVENT01 ' ACORD CORPORATION 1BBB TIDTRL P.81 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: Eric M. Soroka, Cit TO: City Commission DATE: April 29, 1999 SUBJECT: Law Enforcement Mutual Aid Agreements Between the City and the City of EI Portal May 4, 1999 City Commission Meeting Agenda Item 1- t 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 El Portal. BACKGROUND In order to improve cooperative relationships between law enforcement 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, Golden Beach, Sunny Isles Beach and Hallandale. The following list comprises the circumstances and conditions under which mutual aid may be requested: 1. The joint multijurisdictional criminal investigations. 2. Civil affray or disobedience, disturbances, riots, large protest demonstrations, controversial trials, political conventions, labor disputes, and strikes. 3. 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. Transpodation 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 CC0744-99 RESOLUTION NO. 99-._ 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 EL PORTAL 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 El Portal 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 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 Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Harry Holzberg Resolution No. Page 2 Commissioner Jeffrey M. Perlow Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder PASSED AND ADOPTED this 4th day of May, 1999. ARTHURI. SNYDER, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY /tms TO: FROM: DATE: SUBJECT: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM City Commission/ ~ ~ Eric M. Soroka, Ci~l, er April 29, 1999 (.~ Authorization to Purs e South of the Huber Tract Purchase of Two Additional Acres - May 4, 1999 City Commission Meeting Agenda Item ~?--'~ RECOMMENDATION As discussed at the April 20, 1999 Commission Workshop Meeting, it is recommended that the Commission provide authorization to me to pursue the pumhase of two additional acres south of the Huber Tract. The authorization would include preparation for a "slow take" condemnation, if necessary, in order to obtain the property. The property would be utilized for the proposed Cultural Arts Center or additional waterfront park area. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0743-99 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Commission _.~.~ Eric M. Soroka, City~age~ L~( \ April 1, 1999 ~\ Proposed Cultural Arts Center Action Plans BACKGROUND Over the past several months, support for the construction of a Cultural Arts Center (CAC) has increased among the City Commission since the purchase of the Huber Tract. The construction and financing of a Cultural Arts Center takes time to implement and requires preplanning and coordination with our Capital Improvement Program (CIP). I am in the process of updating the City's five-year CIP. In order to finalize the document, certain basic issues need to be resolved regarding the proposed Cultural Arts Center. This report has been prepared to review the various issues and alternatives relating to the construction of a CAC and provide the necessary information for the City Commission to make informed decisions regarding this matter. At this point, I am requesting d!rection as to which action plan sh )uld b9 further studied for iqclusion in the CIP document. ISSUES Property / Location - The proposed site for the CAC is the Huber Tract which is located on the Intracoastal at the end of N.E. 188th Street. The site is approximately 3.2 acres. The access into the property is from N.E. 188th Street (Thunderboat Alley). The 1998/2002 CIP contains $1,000,000 for drainage and roadway improvements to N.E. 188th Street scheduled for Fiscal Year 2001/2002. Currently, the roadway does not provide an attractive entranceway to the site. This may change over the next two years as we adopt stricter zoning regulations for the industrial properties and the planned improvements to the roadway. In performing our research regarding the CAC, additional property will be necessary in order to provide adequate parking for the facility. It is anticipated that at least two additional acres should be acquired, either west or south of the site. This will provide about five acres of buildable area for the facility. Buildinq Requirements - Based on preliminary research, it is recommended that the facility be constructed for 900 seating capacity and be sized for a maximum of 25,000 square feet. Cost - A ballpark estimate for the construction of a first class facility including seawall construction and site restoration is $5,500,000. The proposed project budget is as follows: Design Cultural Arts Center Land Purchase $ 500,000 $5,5OO,OOO $2,000,000 Total Cost $8,000,000 Fundinq - Funding for this project should be obtained from several different sources including the general fund, long-term debt, bond issue, grants and community foundation donations. Several different funding options are reviewed in the Alternatives section of this report. Operatin.q Costs - A detailed budget estimate outlining the costs associated with operating the facility would be required to determine the fiscal impact on the operating budget. Typically, cultural arts centers, by utilizing user fees, offset a portion of the operating costs. It is recommended that the operations be privatized in order to reduce the City's risk and provide cost-effective services or placed under the authority of a foundation that could raise private funds as well. Community Support - The construction of a CAC is a significant investment by a local government toward the enhancement of quality of life issues of a community. A CAC will provide a community facility that can house numerous cultural events, plays, concerts, shows and art displays. As shown, the cost of construction and the ongoing maintenance and operations of the facility is expensive and will have an impact on future budgets. Therefore, it is important that the City secure strong community support for the facility in order to ensure its ongoing success. Community support could be achieved by utilizing a referendum for the approval of the long-term debt and the utilization of a private foundation to raise funds to potentially offset the cost of construction (i.e., $1,000,000). 1999/00 2OOO/O 1 Fundin.q Alternatives - The following are proposed funding alternatives that could be adopted by the City Commission for inclusion in the CIP document as a method of implementing the construction of a CAC: Alternative 1: Assumptions: Condemn or pumhase additional two acres of land. Utilize $1,000,000 from Safe Neighborhood Grant Program to offset purchase of property. Balance of $1,000,000 pumhase price paid from general fund. Utilize $1,000,000 from private donations to offset construction costs. Utilize $500,000 of general fund monies to assist in funding project. Request voter approval of $4,500,000 General Obligation Bond whereby Debt Service would be paid from a 4.6% tax increase. Debt Service Costs would be approximately $315,000 annually. Fundin,c! Schedule Pumhase Land $2,000,000 2001/02 2002/03 September 2003 Design Project $ 500,000 Reserve Funds $ 250,000 Reserve Funds $ 750,000 Construction $4,500,000 Completion Source General Fund $1,000,000 Grant $1,000,000 General Fund Private Donations Private Donations G.O. Bond Annual cost to taxpayer beginning in FY 2003/04 assuming $250,000 assessed value: $23.00 Alternative 2: Assumptions: Condemn or purchase additional two acres of land. Utilize $1,000,000 from Safe Neighborhood Grant Program to offset purchase of property. Balance from general fund. Utilize $1,500,000 of general fund monies to assist in funding project over two years. Partially offset costs with a 4.6% tax increase in FY 2002/03 & 2003/04. c. Issue a $4,500,000 Revenue Bond issue whereby Debt Service would be paid from a 4.6% tax increase beginning in FY 2003/04. Funding Schedule Source 1999/00 Pumhase Land $2,000,000 GeneraIFund $1,000,000 Gmnt $1,000,000 200~01 Design Pr~ect $ 500,000 Reserve Funds $ 250,000 General Fund General Fund 2001/02 Reserve Funds $ 750,000 GoneralFund 2002/03 Construction $4,500,000 Revenue Bond September 2003 Completion Annual cost to taxpayer assuming $250,000 assessed value: 2002/03 - $46.00; 2003/04 - $46.00; thereafter - $23.00. Alternative 3: Assumptions: Condemn or purchase additional two acres of land. Utilize $1,000,000 for Safe Neighborhood Grant Program to offset purchase of property. Balance from General Fund. Issue a $7,000,000 Revenue or G.O. Bond whereby Debt Service would be paid from a 6.5% tax increase. Debt Service Costs would be approximately $490,000 annually.* *The amount of the bond issue could be reduced by utilizing reserve funds from the general fund. Each $1,000,000 in debt requires a $70,000 debt service payment. Each 1% of a tax increase generates about $70,000. Annual cost to taxpayer assuming $250,000 assessed value and 2.3850 tax rate: $36.00. SUMMARY Based on a review of the alternatives, the City Commission should consider either Alternatives One or Three. However, to ensure community support for the long term investment in cultural activities, Alternatives One, Three or a method utilizing a referendum should be considered for the Action Plan, due to the potential tax rate increases that would be required to fund the program. EMS/aca cco736-99 MIAMI DALLY 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, Legat Notices of the Miami Daily Business Review f/YJa Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA NOTICE OF PUBLIC HEARING MAY 4, 1999 APPLICANT NAME: CAVIAR & MORE MIAMI, INC. APPLICATION NO. 02-SE-99 in the .................... .T~ ~T. ~ ......................................... Court, was published in said newspaper tn the issues of Apr 23, 1999 Affiant further says that the said Miami Dally Business Review is a newspaper published at Miami in said Dade County, Flortda, 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 M~ami 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 pers ' or corporation any discou rebate, commiss' for the purpose of selcl~Cr'°~g this adverti~~~ion in the said news per Sw o and subscribed this ..................... i ................. ~. ............. 19 ...... \ (SEAL) ~LT'" ~41~. ,~AN~fT LLI~REHA Octelma v. Ferbeyre pel~ ~ ~(~ m eC~Mllre~N cc5.oo4 i *0.~50' JUNE 23,2900 CITY OF AVENTURA NOTICE OF PUBLIC HEARING Date and Time o! Public Hearing: Tuseday, May 4, I g99 6:00 p.m. Applicant Name: Caviar & More Miami, Inc. AppllcantRequm~t: The applicant is requseting a Special Excaptio~ to permit the retail sales and service of fine wines and champagne in conjunction with caviar products from a kiosk location within the Aventura Mall. Application Numben 02-SE-99 Location of Probefty: 19501 Biscayne Boulevard, Aventura, Aventura Mall Legal Descriplion: Tract Q, Aventura 6th Addition as recorded in Plat Book 120, Page 20 of the Public Records of Dade County, Florida Plans are on file and may be examined during regular business hours in the City of Aventura, Community Development Depadment, 2999 NE 191 Street, Suite 500, Aventura, Florida 33180. Plans may be mndifind at or before the Public Hearing. The application may change during the hearing process. The Public I-leering will be held at Biscayne Medical Arts Buildieg, 21110 Biscayne Boulevard, Suite 101, Aventura, Florida 33180. Your comments may be made in parson at the hearing or filed in wriling prior to the hearing date. Refer to applicant/properly on correspon- dence and mail same to City of Aventura, Community Development Department, 2999 NE 191 Street, Suite 500, Aventura, Florida 33180. For further information, ~esae sell (305) 466-8940. In accordance with the Americans with Disabilities Act of 1990, all parsons who are disabled and who send special aCCommodations to participate in this proceeding beCause of that disability should contact the Office of the Clerk (305) 466-8901, not later than two business days prior to such proceedings. If any person decides to appeal any decision made by the City Commission with respect to any matter c~ns~erad at a meeting or hearing, that bemo~ will need a record of thb proceedings and, for that purpcae, may need to enSUre that a verbatim reCOrd of the proc~- ings is made, which record includes the testimony and evidence upon whi~:h the appeal is to be based. · Teresa M. Soroka, CMC; City Clerk 4/23 9g-3-042336M MIAMI DALLY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dado 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/kJa Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CiTY OF AVENTURA NOTICE OF PUBLIC HEARING MAY 4, 1999 APPLICANT NAME: EYE CARE CENTERS OF AMERICA, (d.b.a VISIONWORKS) APPLICATION NO. 0Y-SV-99 in the .................... .~ ~'~ ~.~.~ ~ ......................................... Court, was published in said newspaper in the issues of Apr 23, 1999 INC. Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dado 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 mailer at the post office in Miami in said Dado County, Florida, for a period of one year next preceding the lirst publication oi the attached copy of advertisement; and affiant turt says that she has neither paid nor promised any or corporation any discou rebate, commi for the purpose of securt this advertl ation in the said (SEAL) I ~%~ 9, / I~l~l~ I ~J. NOTARY ~.A L I ~© ~,,. JA~TI" LLEREN& Octelma V. Eert)eYnl [~1"~1~ d~v#n t 9:~4~ ** cc566004 I%~'~" ~ ~ C~EX~RESl I ~' O~ ~% ~' JUNE 23,2000 CITY OF AVENTURA NOTICE OF PUBLIC HEARING Date and .tim of Public Hearing: Tuesday, May 4, 1999 6:00 p.m. Applicant Name: Eye Care C(mters of America, Inc~ (d.b.a. V~k~nworks) Applicant Request: The applicant is requesting a Sign Vadar~e to bem~it one additional exterior wall sign o~ the no~h elevation of the buikr~ng, .where Application Number; 07-SV-99 Location of PropMty: 2!175 Biscayne Boulevard, Aventura, Aventura Commons Shopping Center Legal Description: Tract D, Aventura Commons, Plat Book 151, Page 58 of the Public Records of Dado County, FIo~:la Plans are on file and may be examined dudng regular business hours in the City of Aventura, Community Development Department, 2999 NE 191 Street, Suite 500, Aventura, Florida 33180. Plans may be modified at or before the Public Homing. The application may change duitng the hearing process. T~e Public Hearing will be held at Biscayne Medical Arts 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 correspon- dence and mail same to City of Aventura, Community Development Department, 2999 NE 191 Street, Suite 500, Aventura, Floitda 33180. For further information, please call (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 Clerk (305) 466-8~01, not later than two busines~ days prior to such proceedings. If any person decides to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing, that person wilt need a record of the proceedings and, for that purpose, may need to ensure that a verbatim record of the procaed~ ings is made, which record includes the testimony and evidence upon which the appeal is to be based. Teresa M. Soroka, CMC, City Clerk 4/23 99-3-042337M