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08-07-2001 CC Meeting Agenda City Commission Jeffrey M. Perlow, Mayor .A1~~~ . Citv M2ml0'Pl' Eric M. Soroka Arthur Berger Jay R. Beskin Ken Cohen Manny Grossman Harry Holzberg Patricia Rogers--Libert City Clerk Teresa M. Soroka, CMC City Attornev Weiss Serota Helfman Pastoriza & Guedes AGENDA AUGUST 7, 2001- 6 PM Government Center 19200 West Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M. QUASI-JUDICIAL PUBLIC HEARINGS -Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to comment upon any of these items, please inform the Mayor when he requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony, including public testimony and evidence, will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will not be considered. The general public will not be permitted to cross-examine witnesses, but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DENYING A VARIANCE FROM SECTION 31-144(C) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW FRONT YARD SETBACK OF 0.30/ WHERE A 25' SETBACK IS REQUIRED BY CODE; DENYING A VARIANCE FROM SECTION 31-221(1) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A TERMINAL PARKING ISLAND WIDTH OF 6' EXCLUDING CURBING WHERE A WIDTH OF 7' EXCLUDING CURBING IS August 7, 2001 ~ Meeting REQUIRED BY CODE; APPROVING A VARIANCE FROM SECTION 31-144(C) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A STREET SIDE YARD SETBACK OF 13' WHERE A 20' SETBACK IS REQUIRED BY CODE; APPROVING VARIANCES FROM SECTION 31-221(1) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW BUFFER STRIPS LESS THAN 7' IN WIDTH ADJACENT TO THE SOUTH PROJECT LIMIT AND WEST PROPERTY LINE AND ADJACENT TO THE SOUTH AND WEST LIMITS OF THE BUILDING; FOR PROPERTY LOCATED AT 17866 BISCAYNE BOULEVARD; PROVIDING AN EFFECTIVE DATE. 4. AGENDA: Request for DeletionslEmergency Additions 5. SPECIAL PRESENTATIONS: None. 6. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. A. APPROVAL OF MINUTES: July 03, 2001 Commission Meeting July 19,2001 Commission Meeting July 19,2001 Workshop Meeting B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE ATTACHED WORK AUTHORIZATION NO. BA-001 FOR PROFESSIONAL DESIGN SERVICES FOR THE NE 188th ST ROADWAY, DRAINAGE AND BEAUTIFICATION IMPROVEMENTS PROJECT BY AND BETWEEN THE CITY OF A VENTURA AND BERMELLO AJAMIL & PARTNERS, INC.; 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 work authorization for design services for roadway, drainage and beautification improvements to NE 188th Street) C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-0103-004 FOR PROFESSIONAL ENGINEERING SERVICES TO PERFORM A DRAINAGE STUDY FOR THE BISCA YNE LAKE GARDENS AND HOSPITAL DISTRICT AREAS BY AND BETWEEN THE CITY 2 August 7, 2001 ~Meeting OF AVENTURA AND CRAVEN THOMPSON & ASSOCIATES FOR THE AMOUNT OF $80,000; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. (Authorizes City Manager to execute work authorization for drainage study ofBiscayne Lake Gardens and Hospital District) D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. (Declares certain property in the Police Department as surplus to the City and provides for disposal) E. MOTION AUTHORIZING THE APPROPRIATION OF UP TO $35,000 FOR DICTAPHONE EQUIPMENT, SOFTWARE PROGRAM FOR SUBJECT AND TAG CHECKS, AND CRIME PREVENTION ACTIVITIES FROM THE POLICE FORFEITURE FUND IN ACCORDANCE WITH CITY MANAGER'S MEMORANDUM DATED JULY 27, 2001. (Authorizes appropriation of funds from Police Forfeiture for office equipment, software programs and crime prevention activities) F. A RESOLUTION OF THE CITY OF A VENTURA, FLORIDA, APPROVING THE RESTRUCTURING OF THE RESERVE FUND SECURING THE FLORIDA MUNICIPAL LOAN COUNCIL REVENUE BONDS, SERIES 1999A; DELEGATING THE AUTHORITY TO THE CITY MANAGER OR HIS DESIGNEE TO APPROVE ANY NECESSARY AMENDMENTS TO THE LOAN AGREEMENT; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. (Approves restructuring of the Debt Service Reserve Fund for the Florida Municipal Loan Council) G. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA APPROVING THE "PENINSULA" PLAT, BEING A REPLAT OF A PORTION OF TRACT C OF ATLAS TERMINAL APARTMENTS, PLAT BOOK 147, PAGE 67, CITY OF A VENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. 3 August 1, 2001 ~Meeting (Approves plat for subject property) H. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA APPROVING AN EXTENSION OF TIME TO RECORD THE "BElT EDMOND J. SAFRA SYNAGOGUE" FINAL PLA T, LYING IN THE NW Y. OF SECTION 2, TOWNSHIP 52 SOUTH, RANGE 42 EAST, CITY OF A VENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. (Approves extension of time to record subject plat) I. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AWARDING A CONTRACT FOR THE CITY'S GROUP HEALTH INSURANCE PROGRAM TO UNITEDHEALTHCARE FOR POS PLAN 400T; AUTHORIZING THE CITY MANAGER, ON BEHALF OF SAID CITY, TO EXECUTE ASSOCIATED CONTRACTS; 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 contract for City's Group Health Insurance with Unitedhealthcare) 7. ORDINANCES - FIRST READINGIPUBLlC INPUT: A. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 2 "ADMINISTRATION" BY AMENDING ARTICLE VII "CODE OF ETHICS" BY CREATING SECTION 2-395 "DISCLOSURE OF BUSINESS RELATIONSHIPS," TO PROVIDE FOR THE DISCLOSURE OF BUSINESS RELATIONSHIPS BY MEMBERS OF THE CITY COMMISSION AND CITY ADVISORY BOARDS WITH APPLICANTS, APPLICANT'S REPRESENTATIVES AND INTERESTED PERSONS APPEARING BEFORE THE CITY COMMISSION OR CITY ADVISORY BOARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 31 "LAND DEVELOPMENT REGULATIONS," BY AMENDING ARTICLE V "DEVELOPMENT REVIEW PROCEDURES," BY AMENDING SECTION 31-71 "PROCEDURES OF GENERAL APPLICABILITY," BY AMENDING PARAGRAPH (B) "APPLICATION REQUIREMENTS," TO PROVIDE REQUIREMENT THAT APPLICATIONS CONTAIN 4 August 7, 2001 ~Meeting AFFIDAVITS OF THE. APPLICANT INCLUDING AN "APPLICANT REPRESENTATIVE AFFIDAVIT" AND A "BUSINESS RELATIONSHIP AFFIDAVIT," PROVIDING FOR DISCLOSURE OF REPRESENTATIVES AND BUSINESS RELATIONSHIPS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. 8. PUBLIC HEARING: ORDINANCES - SECOND READING: None 9. RESOLUTIONS: None. 10. OTHER BUSINESS: DISCUSSION REGARDING BAN ON CELLULAR PHONE USAGE WHILE DRIVING (Vice Mayor Cohen) 11. PUBLIC COMMENTS 12. REPORTS 13. ADJOURNMENT SCHEDULE OF FUTURE MEETINGSIEVENTS 1ST BUDGET PUBLIC HEARING SEPTEMBER 4, 2001 5:45 PM COMMISSION MEETING SEPTEMBER 4, 2001 6:00 PM (following Budget Hearing) 2ND BUDGET PUBLIC HEARING SEPTEMBER 19,2001 5:45 PM This meeting is open to the public. In accordance with the Americans with DisabiHties Act of 1990, aU persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305466-8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such 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 is made, which record includes the testimony and evidence upon which the appeal is to be based Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305466-8901. 5 CITY OF A VENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM BY: City Commission . .;:. Eric M. Soroka, Cir-i e Brenda Kelley, Commu'nityJ;>~ J lopment Dire~ July 30, 2001 V V TO: FROM: DATE: SUBJECT: Request of Lad Ventures Inc. for miscellaneous variances to permit the renovation of a building and development of the site located at 17866 Biscayne Boulevard. (06-VAR-01) August 7, 2001 City Commission Meeting Agenda Item 3 RECOMMENDATION It is recommended that the City Commission take the following actions with conditions as outlined herein: 1. Deny the request to allow a front yard setback of 0.30' where a 25' front yard setback is required by Code. 2. Approve the request to allow a street side yard setback of 13' where a 20' street side yard setback is required by Code. 3. Approve the request to allow a buffer strip of 5' in width at the southerly project limit where a T buffer strip is required by Code. 4. Approve the request to allow a buffer strip of 2' in width at the southwesterly property line where a T buffer strip is required by Code. 5. Approve the request to allow a buffer strip of 0' in width at the northwesterly property line where a T buffer strip is required by Code. 6. Approve the request to allow a buffer strip of 6' in width at the southerly building limit where a T buffer strip is required by Code. 7. Approve the request to allow a buffer strip of 5'10" in width at the westerly building limit where a T buffer strip is required by Code. 8. Deny the request to allow a terminal island width of 6' excluding curbing where a width of T excluding curbing is required by Code. THE REQUEST The applicant, Lad Ventures Inc., is requesting the following (See Exhibit #1 for Letter of Intent): 1. A variance from Section 31-144(c) of the City's Land Development Regulations to allow front yard setback of 0.30' where a 25' setback is required by Code. 2. A variance from Section 31-144(c) of the City's Land Development Regulations to allow a street side yard setback of 13' where a 20' setback is required by Code. 3. A variance from Section 31-221(i) of the City's Land Development Regulations to allow buffer strips less than 7' in width adjacent to the south project limit and west property line and adjacent to the south and west limits of the building. 4. A variance from Section 31-221(i) of the City's Land Development Regulations to allow a terminal parking island width of 6' excluding curbing where a width of 7' excluding curbing is required by Code. BACKGROUND OWNER OF PROPERTY Lad Ventures Inc. ADDRESS OF PROPERTY 17866 Biscayne Boulevard SIZE OF PROPERTY 0.318 acres LEGAL DESCRIPTION Lots 9 & 10 of "Maule Federal Highway Industrial Sites", according to the plat thereof, as recorded in Book 46, Page 55 of the public records of Miami-Dade County, Florida, less the east 33.75 feet thereof dedicated for right- of-way. Zoning - Subject Property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: B2 B2 B2 B2 U Community Business District Community Business District Community Business District Community Business District Utilities District Existing Land Use - Subject property: Properties to the North: Properties to the South: Properties to the East: Properties to the West: Vacant abandoned building and asphalt area Commercial (Dry Cleaning) Commercial (InterAmerican Car Rental) Commercial (Shopping Center) FEC Railroad 2 Future Land Use - According to the City of Aventura Comprehensive Plan, the following properties are currently designated as follows: Subject property: Business and Office Property to the North: Business and Office Property to the South: Business and Office Property to the East: Business and Office Property to the West: Business and Office The Site - The site is located on the west side of Biscayne Boulevard just south of NE 179 Street. (See Exhibit #2 for Location Map and Exhibit #3 for aerial photograph). The parcel is approximately 204 feet wide and 68 feet deep and contains a 3904 square foot abandoned building fronting on Biscayne Boulevard and an asphalt area. (See Exhibit #4 for photograph of existing structure). The Project - The applicant proposes to renovate the existing one-story 3904 square foot building fronting on Biscayne Boulevard and construct a parking area to the south and west of the building. The building renovation will consist of removal of approximately 326 square feet of the northerly portion of the structure adjacent to NE 179 Street, installation of windows on the east and south elevations, new stucco finish with decorative coping and ornamental tile on all elevations, canvas awning on the east elevation, new roof on the existing canopy on the south elevation and landscaping on all elevations. The parking area will be constructed with 14 parking spaces and 1 handicapped parking space, landscaping and islands. A landscape plan has been submitted and approved by the City's Landscape Architect. Access is proposed by an entrance only driveway from Biscayne Boulevard and an exit only driveway onto NE 179 Street. ANALYSIS Consistency with Comprehensive Master Plan - The request is not inconsistent with the City of Aventura Comprehensive Plan. Citizen Comments - The Community Development Department has received no written citizen comments to date. Community Development Department Analysis - The applicant currently owns land on the west side of Biscayne Boulevard from the Oleta River to NE 179 Street, comprised of Lots 9, 10, 11, 12, 15 and 16 in the Maule Federal Highway Industrial Sites plat. The original platted lots measured approximately 102 feet deep. Prior to the applicant's purchase of these lots, the easterly 33.75 feet was dedicated for the road right-of-way of Biscayne Boulevard, leaving a lot depth of 68 feet. When the Florida Department of Transportation widened Biscayne Boulevard in this area, the building on this property was cut back to the property line and refaced. The previous owner was compensated by FDOT. The building was abandoned prior to the applicant's purchase and has remained abandoned to date. 3 The most southerly parcel, Lots 15 and 16, is presently under construction with a one- story, 3,508 square foot retail building and parking area approved in August of 1999. Development of these lots required and received a variance of the City Code to allow a front yard setback of 19 feet where a setback of 25 feet was required by Code. Lots 11 and 12 and a leased portion of Lot 10 were developed as the InterAmerican Car Rental site in 1998. Development of this site required and received variances from the Miami-Dade County Code, as follows: (1) a use variance to allow automobile and light truck, new sales agency or rental; and (2) a buffer strip variance to allow a landscape strip of 9 feet where 15 feet was required along the front property line. The approved site plan for the InterAmerican Car Rental property indicates a remote controlled gate access between the InterAmerican and the site subject of this report. The submitted plan for this site indicates a landscaped buffer strip 5' wide in this area. The site plan for the InterAmerican Car Rental property will need to be revised to remove the gated access between the sites. The applicant now proposes to develop the most northerly lots that contain an abandoned building and an asphalt area. An application for variance was submitted in 1997 for this site in conjunction with development of the InterAmerican Car Rental site, however, the applicant withdrew the request at that time. Staff had advised the applicant in 1997 that it did not support the front yard setback variance on Biscayne Boulevard due to pedestrian and traffic safety issues. Although the applicant is proposing to renovate the building, construct parking spaces and install landscaping, the front yard setback is proposed to remain the same. Criteria The guidelines for approval of variances as required by Section 31-76(e) of the City's Land Development Regulation states: "Standards of review. A variance shall be granted only where competent and substantial evidence presented in the particular case shows that all of the following are met: (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LOR. 4 (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity." Reauest #1: A variance from Section 31-144(c) of the City's Land Development Reaulations to allow front yard setback of 0.30' where a 25' setback is reauired bv Code. The applicant is requesting a variance to allow a setback of less than 1 foot on an eight-lane roadway. Staff has some concerns regarding the safety of pedestrians and motorists on Biscayne Boulevard and NE 179 Street. As part of the review of the previous application in 1997, the Police Department had suggested that safety bollards be installed to the east of the building, however, there is no private land available on the east side of the building to install these bollards. The applicant is also proposing canvas awnings on the east side of the building which cannot be approved since they will extend across the property line and encroach onto the Biscayne Boulevard right of way. This provides additional concerns for staff that the aesthetic treatment needed on the east elevation cannot be provided. (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The hardship at this location is caused by the dedication of the easterly 33.75 feet of the lots to the Florida Department of Transportation for road widening on Biscayne Boulevard. The existing building was cut and refaced at the property line by FOOT, resulting in a 0.3 foot setback from the right of way line. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The conditions are not unique to this site and are applicable to other locations. The Spotmaster buildings at 17900 and 18000 Biscayne Boulevard, immediately to the north of the subject site, appear to have a 0' front yard setback as a result of the Biscayne Boulevard road widening. The Cove of Biscayne Shopping Center on Biscayne Boulevard at NE 191 Street was also affected by the road widening and received variance approval from the City Commission in 1998 for a 9 foot front yard setback where a 20 foot setback was required by Code. 5 (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LOR. The hardship may be economic but has not been deliberately created to establish a use or structure which is not otherwise consistent with the City of Aventura Land Development Regulations. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The granting of the variance may be detrimental to the public welfare. Staffs concern is for the safety of pedestrians and motorists on Biscayne Boulevard and NE 179 Street. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The variance will not substantially increase traffic congestion, increase the danger of fire or substantially diminish or impair property values in the vicinity. It may endanger the public safety for the reason set out in Criteria (4) above. ReQuest #2: A variance from Section 31-144 Ic) of the City's Land Development ReQulations to allow a street side vard setback of 13' where a 20' setback is reQuired bv Code. The existing building presently has a 1'-5" setback from the street side yard. The applicant is proposing to remove a 11'-7" wide section of the building along the NE 179 Street side to provide a 13' setback from the street. Removal of this section of building will help to alleviate pedestrian and traffic safety concerns previously expressed in the 1997 application. There are no access doors proposed on the north elevation of the building. (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The hardship at this location is caused by the location of the existing building. The applicant has attempted to mitigate the condition by removing approximately 326 square feet of the north end of the existing building to create a larger side street setback. 6 (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The conditions are unique to this site and not generally applicable to other locations. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LOR. The applicant's difficulty is not economic in nature and the difficulty was not deliberately created by the applicant. The location of the existing building creates the need for a setback variance. The building as existing is located 1 '5h from the property line. The applicant is proposing to remove a part of the existing building to increase the setback from 1'5" to 13'. The applicant states that the removal of a portion of the building only to the 13' setback line is due to structural limits of the building. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The variance will not substantially increase traffic congestion or increase the danger of fire or endanger the public safety or substantially diminish or impair property values. In fact, the removal of part of the existing building on the NE 179 Street elevation helps to alleviate staff concerns relating to pedestrian and traffic safety. Reauest #3: A variance from Section 31.221{i) of the City's Land DeveloDment Reaulations to allow buffer striDs less than 7' in width adiacent to the south Droiect limit and west DroDertv line and adiacent to the south and west limits of the buildina. The site plan submitted proposes the following landscaped buffer strips adjacent to the vehicular use areas that do not comply with the City's Land Development Regulations: 1. A 6' buffer strip to the south of the building. 2. A 5'-10" buffer strip to the west of the building. 7 3. A 0' buffer strip at the northwest property line. 4. A 2' buffer strip at the southwest property line. 5. A 5' buffer strip at the south project limit. The City Code requires that a 7' landscape buffer strip be installed adjacent to all vehicular use areas. The applicant has submitted a landscape plan which has been approved by the City's Landscape Architect. That plan shows plantings around the building and in the parking area. Although the buffer strip at the west property limit is 0', there is sod and landscaping within the railway lands immediately to the west that will give the visual effect of a planting strip. (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. The hardship at this location is caused by the road widening taken by FOOT on the easterly portion of the platted lots, the FEC Railway lands to the west and the location of the existing building. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The conditions are unique to this site and are not generally applicable to other locations. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LOR. The applicant's difficulty is not economic in nature and the difficulty was not deliberately created by the applicant. The lot configuration and location of the building resulting from the road widening on Biscayne Boulevard creates the need for the variance. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The applicant proposes to improve the site through renovation to the exterior fac;:ade of the building and installation of landscaping around the building and the parking area. 8 (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. The variance will not substantially increase traffic congestion or increase the danger of fire or endanger the public safety or substantially diminish or impair property values. Reauest #4: A variance from Section 31-221{i) of the City's Land Development Reaulations to allow a terminal parkina island width of 6' excludina curbina where a width of 7' excludina curbina is reauired bv Code. (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. In this particular instance, a 7' terminal parking island can be constructed by shifting the parking spaces south by one foot. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. The conditions are not unique to this site and are applicable to other locations. (3) The alleged difficulty or hardship is not economic and has not been deliberately created to establish a use or structure, which is not otherwise consistent with the LOR. In this particular instance, a 7' terminal parking island can be constructed by shifting the parking spaces south by one foot. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. The variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. 9 The variance will not substantially increase traffic congestion or increase the danger of fire or endanger the public safety or substantially diminish or impair property values. In the event the City Commission wishes to approve all requests for variance for this development, it is recommended that the requests be granted subject to the following conditions: CONDITIONS 1. Plans shall substantially comply with those submitted as follows: . "Proposed Retail Stores for Lad Ventures Inc.", Site Plan, Sheet SP-1, prepared by Arc-Tech Associates Incorporated, dated 06/28/01, signed and sealed 06/29/01 . . "Proposed Retail Stores for Lad Ventures Inc.", Building Elevations, Sheet A-1, prepared by Arc-Tech Associates Incorporated, dated 06/28/01, signed and sealed 06/29/01. . "Proposed Retail Stores for Lad Ventures Inc.", West Elevation, Sheet A-2, prepared by Arc-Tech Associates Incorporated, dated 06/28/01, signed and sealed 06/29/01. . "Proposed Retail Stores", Grading and Drainage Site Plan, Sheet C-1, prepared by Pistorino & Alam Consulting Engineers, Inc., dated 11/21/00, signed and sealed 06/18/01. . "Proposed Retail Stores for Lad Ventures Inc.", Planting Plan, Sheet LA-1, prepared by Rosenberg Design Group, dated 6/25/01, signed and sealed. 2. Permits shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. 3. The applicant shall provide a signed Lease with FEC Railway for the installation of three proposed parking spaces and landscaping to the west of the property limit, prior to issuance of a building permit. 4. Prior to issuance of a building permit for this site, the applicant shall submit for review and approval an amended Site Plan for the InterAmerican Car Rental site removing the remote controlled gate access between the InterAmerican and subject site. 5. The applicant shall record this Resolution in the Public Records of Miami-Dade County, prior to the issuance of a building permit. All expenses shall be borne by the applicant. 10 L.tt.~ of lAtent The subject property is located at 17880 Biscayne Boulevard, Aventura, Florida 33180. The property 1s zoned BU-2. There has been a vacant building on the site for many years. The Applicant had previously filed an application for site plan approval on the subject property and adjoining property to its south that was brought before the City of Aventura. That application was modified eliminating Lots 9 and 10 which are now the subject of this application. This property was the subject of a prior Resolution No. Z-9-89 in Miami-Dade County, Florida, a copy of which is attached to the application. Also attached to the application is a letter, dated June 16, 1998, from the Applicant's prior attorney, Stanley B. price, Esquire. Based on Mr. Price's letter, there is, in fact, a legal question as to whether or not the Applicant would even have to submit an application for site plan approval, However, in the interest of trying to develop this property as set forth in the enclosed proposed site plan, the Applicant hopes that same will be approved by the City of Aventura so that the subject property can be developed and the legal questions would then become moot. The Applicant has entered into a lease with David. Inc., a Florida corporation, whose business is fabrics and furniture. C:\Hy DQ~um.nt~\WP rll.~\ZQN]NG\HoLr\INTENT.wpd I::.XHil::iiT #1 06-VAR-01 The Applicant's hardship as set forth ..bove is that the building was previously approved by Miami-Dade County and when the Applicant bought the property, the building was, in fact, in place. Therefore, it is now necessary for the Applicant to request variances from the Aventura Code for the front and north side setbacks. In addition, in the proposed site plan, one of the landscape islands is seven feet including the curb area wherein by Code, the island should be seven feet excluding the curb area and five of the buffer widths are less than the seven feet required by Code which requires a variance request. However, the site plan does, in fact, meet the Code requirement for the amount of landscaping when looking at the entire site as a whole. Based on the above, the Applicant respectfully requests that the enclosed site plan be approved by the City Commission. MICHAEL J. SNYDER, Attorney for Applicant, DREW WOLF and GRETCHEN WOLF c:\MY Docum."t~\W~ rl1o~\ZOPING\NOLF\lNTCNT.wpd / BILZINU,MBERG DUNN PRICE & Ax~OD LLP A PAfIlTNELlltSHIP 0,. ....0,.E5SIONAL ASSOCIATIONS ZSOO "lfIlST UNION "'NANe.".. CENT!:" 200 SOUTH B'SCAY,NE .OUL~""D. M.AMI, ""Ofll'O,", 33131-2336 TELEPHONE (30513'.....'580 -1"",.aOBIUtH.COM ,.AX 130513'.....7593. efllow-.fIl0 195"'1"'62~eoe STANLEY B. PRICE. P.". DIRECT DIAL C305135()..23,<4 E.MAIL I9riee'OBiltln.com June 16, 1998 David Wolpin, Esq. Assistant City Attorney, City of Aventura Weiss, Serota & Helfman 2665 S. Bayshore Drive, Suite 204 Miami, FL 33133 Re: Drew Wolf; 17866-17870 Biscayne Blvd. A ventura, Florida Dear David: At the June 9, 1998 City Commission meeting, I received a deferral of agenda item 3D which was entitled, in part, "A Resolution of the City Commission of the City of Aventura, Florida approving the release of previously approved Resolution Z-9-89" and denying several setback variances for the proposed site. Prior to the hearing, I had spoken to Steve Helfman in regard to the fact that I did not believe that the subject property needed any form of zoning hearing based upon the provisions of the Miami- Dade County Code. I direct your attention to Section 33-34 of the Code of Metropolitan Dade County entitled "Existing Uses" which I believe specifically governs the application of this property. As you will note, unlike Section 33-35 of the Code, which is entitled "Non-Conforming Uses", there is no six (6) month discontinuation period applicable to Section 33-34. For your further edification, I am enclosing herewith a copy of an aerial map that dates back to 1957, or prior to the adoption of the Dade County Zoning Code, which clearly indicates that the subject property and structure was in place prior to the Building Code. Further, I am also enclosing a 1963 aerial photograph which shows in greater detail the exact configuration of the building that existed prior to the partial taking by the State Department of Transportation. Accordingly, we would respectfully request that you issue an opinion to the City Manager informing him that due to the pre-existing use status of the structure in question, no additional zoning hearing is required. In the event that you do not concur with our opinion on this matter, please be so kind as to inform the undersigned so I may take appropriate action on behalf of my client. G;\DMS\73S36\1 0847\0 194914.0 I 6/16/98 LZIN SUM BERG DUNN PR\..:k & AXELROD LLP David Wolpin, Esq. June 16, 1998 Page 2 Thank you for your kind consideration of this request. SBP:cm Encl. cc: Eric Soroka, City Manager Drew Wolf Susan Fried G:\DMS\73536\ I 084710 \ 949\ 4.0 I 6116/98 Cordially, <6,- Stanley B. Price .,d Q6-VAR-Qi EXHiBiT #3 06-VAR-01 ~ .- 17866 BISCAYNE BOULEVARD 06-VAH-01 ,..,.- ---------=:: ------,---,----._--'--'-'---~ .,- \~ ~A ,'-:'-, ~ t::XHil:iiT #4 17866 BISCAYNE BOULEVARD 06-VAR-01 RESOLUTION NO. 2001-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DENYING A VARIANCE FROM SECTION 31-144(C) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW FRONT YARD SETBACK OF 0.30' WHERE A 25' SETBACK IS REQUIRED BY CODE; DENYING A VARIANCE FROM SECTION 31-221(1) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A TERMINAL PARKING ISLAND WIDTH OF 6' EXCLUDING CURBING WHERE A WIDTH OF 7' EXCLUDING CURBING IS REQUIRED BY CODE; APPROVING A VARIANCE FROM SECTION 31-144(C) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A STREET SIDE YARD SETBACK OF 13' WHERE A 20' SETBACK IS REQUIRED BY CODE; APPROVING VARIANCES FROM SECTION 31-221(1) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW BUFFER STRIPS LESS THAN 7' IN WIDTH ADJACENT TO THE SOUTH PROJECT LIMIT AND WEST PROPERTY LINE AND ADJACENT TO THE SOUTH AND WEST LIMITS OF THE BUILDING; FOR PROPERTY LOCATED AT 17866 BISCAYNE BOULEVARD; PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned B2, Community Business District; and WHEREAS, the applicant Lad Ventures, Inc., through Application No. 06-VAR- 01, is requesting the following variances to permit the renovation of an existing building and development of the subject property: 1. A variance from Section 31-144(c) of the City's Land Development Regulations to allow front yard setback of 0.30' where a 25' setback is required by Code. Resolution No. 2001-_ Page 2 2. A variance from Section 31-144(c) of the City's Land Development Regulations to allow a street side yard setback of 13' where a 20' setback is required by Code. 3. A variance from Section 31-221(i) of the City's Land Development Regulations to allow buffer strips less than 7' in width adjacent to the south project limit and west property line and adjacent to the south and west limits of the building. 4. A variance from Section 31-221(i) of the City's Land Development Regulations to allow a terminal parking island width of 6' excluding curbing where a width of 7' excluding curbing is required by Code; 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: Section 1. Application for a variance from Section 31-144(c) of the City's Land Development Regulations to allow front yard setback of 0.30' where a 25' setback is required by Code, on property legally described as: Lots 9 & 10 of "Maule Federal Highway Industrial Sites', according to the plat thereof, as recorded in Book 46, Page 55 of the public records of Miami-Dade County, Florida, less the east 33.75 feet thereof dedicated for right-of-way. aka Resolution No. 2001-_ Page 3 17866 Biscayne Boulevard is hereby denied. Section 2. Application for a variance from Section 31-221 (i) of the City's Land Development Regulations to allow a terminal parking island width of 6' excluding curbing where a width of 7' excluding curbing is required by Code is hereby denied. Section 3. Application for a variance from Section 31-144(c) of the City's Land Development Regulations to allow a street side yard setback of 13' where a 20' setback is required by Code is hereby approved. Section 4. Applications for a variance from Section 31-221(i) of the City's Land Development Regulations to allow buffer strips less than 7' in width adjacent to the south project limit and west property line and adjacent to the south and west limits of the building are hereby approved, and more specifically the following: 1. Approve the request to allow a buffer strip of 5' in width at the southerly project limit where a 7' buffer strip is required by Code. 2. Approve the request to allow a buffer strip of 2' in width at the southwesterly property line where a 7' buffer strip is required by Code. 3. Approve the request to allow a buffer strip of 0' in width at the northwesterly property line where a 7' buffer strip is required by Code. 4. Approve the request to allow a buffer strip of 6' in width at the southerly building limit where a 7' buffer strip is required by Code. 5. Approve the request to allow a buffer strip of 5'10. in width at the westerly building limit where a 7' buffer strip is required by Code; Resolution No. 2001-_ Page 4 Sections 3 and 4 subject to the following conditions: 1. Plans shall substantially comply with those submitted as follows: . "Proposed Retail Stores for Lad Ventures Inc.", Site Plan, Sheet SP-1, prepared by Arc-Tech Associates Incorporated, dated 06/28/01, signed and sealed 06/29/01. . "Proposed Retail Stores for Lad Ventures Inc.", Building Elevations, Sheet A-1, prepared by Arc-Tech Associates Incorporated, dated 06/28/01, signed and sealed 06/29/01. . "Proposed Retail Stores for Lad Ventures Inc.", West Elevation, Sheet A-2, prepared by Arc-Tech Associates Incorporated, dated 06/28/01, signed and sealed 06/29/01. . "Proposed Retail Stores', Grading and Drainage Site Plan, Sheet C-1, prepared by Pistorino & Alam Consulting Engineers, Inc., dated 11/21/00, signed and sealed 06/18/01. . "Proposed Retail Stores for Lad Ventures Inc.", Planting Plan, Sheet LA-1, prepared by Rosenberg Design Group, dated 6/25/01, signed and sealed. 2. Permits shall be obtained within twelve (12) months of the date of the Resolution or the approvals granted shall be deemed null and void unless extended by a motion of the City Commission. 3. The applicant shall provide a signed Lease with FEC Railway for the installation of three proposed parking spaces and landscaping to the west of the property limit, prior to issuance of a building permit. 4. Prior to issuance of a building permit for this site, the applicant shall submit for review and approval an amended Site Plan for the InterAmerican Car Rental site removing the remote controlled gate access between the InterAmerican and subject site. 5. The applicant shall record this Resolution in the Public Records of Miami-Dade County, prior to the issuance of a building permit. All expenses shall be borne by the applicant. Resolution No. 2001-_ Page 5 Section 5. The City Manager is authorized to cause the issuance of permits in accordance with the approvals and conditions herein provided and to indicate such approvals and conditions upon the records of the City. Section 6. 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 Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow PASSED AND ADOPTED this 7th day of August, 2001. JEFFREY M. PERLOW, 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 August, 2001. CITY CLERK City of Aventura City Commission Meeting Date C2.r? 200' Agenda Item No. 3 Date of Verbal Communication: ~~~~I 2tJcJI Identity of Person or Entity Making Communication: ')vS'A-AI FRIEn Subject and Substance of Communication: P~csoA.lTca /. rl? Ide=il.. (.I.a.- /~ f</P,?~?7 of .;.J f)PL oC A1t,.'7' J ;< E (i'~(T( Respectfully, Commissioner or Board Member receiving communication: Name: Arthur BerQer Filed this ~ day of City of Aventura City Commission Meeting Date y,... '7- d / Agenda Item No. J Date of Verbal Communication: 'i - t - t:1' / Identity of Person or Entity Making Commynication: c?u 5" ,#"t/ ?A t'-e ~ Subject and~~tance of com~tion: ~ .~ ' 7 -:"c,/ <" ~ /.- I A -V,<of'" -> ~ ~ ' ______ v /' Respectfully, Commissioner or Board Member receiving communication: Name Sign Filed this '7 day of City of Aventura City Commission Meeting Dateb Av c;; US! )...!DO! Agenda Item No. "3 Date of Verbal Communication: / I~ Gu Sf 7-(' 0 / Identity of Person or Entity Making Communication: SU~) rILl Ai) Subject and Substance of Communication: "Si-i1(j-u./ ,u' f> L-1t/1/6 kliL-t,,17J U'J l+t f:,ff) fLY () f=-- l7f-t-5 P P-c (6"q- Respectfully, Commissioner or Board Member receiving communication: Filed this ---1- day of Name: Mannv Grossman /l1~lfJ~ Signature -, /'J /~:.) ! City of Aventura City Commission Meeting Date .40wd7. ,<()()/ Agenda Item No. ~A Date of Verbal Communication: 8/;/2/;0/' 8/s /;lu() I , Iden~of Pers?n or Entity Making Communication: M'1 h~:/ Subject and Substance of Communication: h ' . 'Allton/rcl ~~HaI t/it/I/~A1/; ~ I Respectfully, Commissioner or Board Member receiving communication: Filed this /7 day of City of Aventufa City Commission Meeting Date 11f1/ Agenda Item No. 3 / Date of Verbal Communication: :5* vf:(J}.. L-- - Identity of Perso~or Entity ~kin~ Com.!:!!unication: :y t./ :5.'}()/ t-;)/ h V , ' Subject and Substance of Communication: 7d1~':-- Respectfully, Filed this 7-- day of 0 Commissioner or Board Member ref2iV.'ng comm.. un. ication: I 4- f'< (,. ';:t", Na ~ . . ..~'.f ~ofi:.c<"" City of Aventura City Commission Meeting Date ~"..d ~ ;LDD / Agenda Item No. ,34 Date of Visit, Investigation or Receipt of Expert Opinion At'M' '-!.d()() / Nature of Contact (check as applicable) [51: Site Visit D Investigation D Expert Opinion Substance of Contact: J!;sJr/ siH_i i//~ ,jJ s,:"',;,.,., J ,fv., r.6"r ().r~J f Cbw1;>>,u,.{~ Identity of Person Participating in Contact: ;V/A- Respectfully, Commissioner or Board Member: Name: Patricia ROQers-Libert Filed this 1 day of .( fee , City Clerk City of Aventura City Commission Meeting Date Agenda Item No. 3 Date of Verbal Communication: IS - G: - cJ J ~-7-01 Identity of Person .9r Entity Making Communication: J u / I/"! F,-"..( Subject and Substance,ofCommunicati9n: / 7b /",/'/,. (/"'/ (~tt,(r ~ ( (rf//ll/~/ /-. ( I Respectfully. Commissioner or Board Member receiv'ng communication: / /J (~/I-<- ~<J Filed this (1 day of at~ e ~3 FLORIDA LAWlUN CHlUS GOVEllNOR ~ DEPARTMENT OF TRANSPORTATION __ 60S Suwann... St=:t, Tallahu.ooc. Elotida 32399'()~O Thom... F. BanY. Jr. ._ Secretai)'" - '" REPLY TO: Legal Office Room 6219 1000 N.W. 111 Avenue Miami, Florida 33172 .'. Tel: (305) 470-5435 Fax: (305) 470-5552 September 19, 1997 )fr. Eric M. Soroka . City Manager 2999 N.E. 191 Street Aventura, Florida 33180 SENT VIA TELECOPIER TO: (305) 466-8919 Re: "Lipstick's Property", Parcel 142 Project: 87030-2569, WPI6113371, Biscayne IV Project Owner: Larry Cussick Dear Eric: At Mr. Larry Cussick's request, I 8.11I writing you this letter, which is a follow-up to my previous letter of September 4, 1997,. regarding the terms of the Department's settlement with Mr. Cussick. AsI previously stated, the Department paid the owner $1,175,000 on March 18, 1994, based upon our appraisal, which was premised upon the assumption that the owner would be left with only the value of the .remaining land, and that the building improvements would have to be completely removed. However, I wish to make it clear that the Department's appraisal was the basis of settlement from the Department's perspective only, and that it does not necessarily represent the owner's opinion oevalue. I also wish to clarifY that there was no agreement by the property owner to completely remove the building improvements. The Department's project only required the removal ofa portion of the building. The issue of whether the remainder of the building could be ref aced and remain was a matter to be worked out between Dade County and the property owner. Sincerely, '. ^ :.'M_ OD,,..-. ~a--- Alicia Trujillo Assistant General Counsel oc: raY" Epolcio, CommunityDevclopmcntDi_lor, fax: 466-8949 Moor"" Gclb,Etq,fax: 856-01 t6 08/06/2001 15:24 3054706725 FOOT CONSULT MGT PAGE 01 ~ Florida Department of Transportation ~~ J)':BIJUSH GOVF.:J.<NOR mOMAS ". BARRY, JR. SEClU!TARY August 6, 2001 Mr. Michael Snyder, P.A. 20803 Biscayne Boulevard Aventura, Florida 33180 Re: Drew A. Wolf! Site Plan Approval 17880 Biscayne Boulevard Aventura, Florida Dear Mr. Snyder: We have received your letter dated August 6,2001 on the above refe.renced project. Please note that this site falls within the roadway improvement limits of Biscayne Boulevard Project number 87060-3569 which widen the roadway from four lanes to eight lanes and designed under my supervision. Dwing this process, the Florida Department of Transportation purchased the necessary right of way to construct said project. This design maintains the required border width which meets our safety criteria at the above mentioned location. Both pedestrian and vehicular safety as it pertains to our design standards have been met as it presently exists with no installation needs of guard rail, bollards, barrier walls or any other safety devices. If you have any further questions, please feel free to contact me. Sincerely, /J~~-,. Re- I Danny Iglesias, P.E. Senior Project Manager WWW.dot.5t8tfi.fl.us S FtECYCl:':D P...PE~ lhi ,.." ~,,_l 17866 Biscayne Boulevard lrll~'~;)[(51;;'91 'r.;::, ":::Jr~ l? r' n,J\\ n r;;::Jn n in ~n" ' U (rfuU uJ(~ 0wl1 ~11 \ v! ;S)lb~~j ! IV! <.." '~.,. .,' .... ...' ,,' ,,-- "L/ ---."... "",' "'-" 2) August, 2001 Miles Moss and Associates, Inc. Consulting Engineers 12900 Southwest 84th Street Miami, Florida 33183 305 386-1212 17866 Biscayne Boulevard Traffic Safety Study Introduction Miles Moss and Associates, Inc. has been retained to study the traffic safety attributes of the existing structure and proposed development site at 17866 Biscayne Boulevard. Miles Moss and Associates, Inc. is an engineering frrm specializing in traffic safety and accident reconstruction. Clients include a variety of private facilities, special event coordinators and all levels of government. Sites are routinely investigated on behalf of clients, resulting in recommendations toward improved vehicular and pedestrian safety. Investigations normally include reports on items such as human factors, visibility and perception, traffic control devices, land use, roadway and drainage attributes, vehicular injury potential and vehicular performance specifications. The firm provides Expert Witness testimony on cases and produces courtroom displays, computer graphics and photo essays to help illustrate reports or opinions. Photographs and computer-based graphics may be included for demonstrative evidence, and enlargements of key photos and graphics may accompany the oral presentation of our findings. Safety Issues Two primary issues have becn investigated for this parcel: . Vehicular and pedestrian safety as related to the existing building at the development site, and . Pedestrian visibility afforded to eastbound motorists on NE 1791h Street at the Biscayne Boulevard intersection. Regarding the existing building, the Manual ofUnifurm Minimum Standards for Design.. Construction and Maintenance for Streets and Highways, a Florida Department of Transportation (FDOT) publication, clearly addresses issues of roadside safety: "The roadside clear zone is that area outside the traveled way, available for use by errant vehicles. Vehicles frequently leave the traveled way during avoidance maneuvers, and due to loss of control by the driver (falling asleep, etc.) or due to collisions with other vehicles. The primary function of the clear zone is to allow space and time for the driver to retain control of his vehicle and avoid or reduce the consequences of collision with roadside objects.. . " Chapter 11l-37 Miles Moss and Associates, Inc. Consulting Engineers 305386-1212 1 17866 Biscayne Boulevard Traffic Safety Study Roadside clear zones are determined by the roadway's design attributes and posted Speed Limit. For Biscayne Boulevard, the minimum clear zone is four feet (4'); for NE 179th Street, the minimurnclear zone is six feet (6'). In both locations, the existing building setback exceeds these requirements. . The east face of the existing building structure is 16' 2" from the traveled way ofBiscayne Boulevard, as measured from the inside edge (east edge) of the southbound lane (edgeline) to the east edge of the building. . The northeast corner of the building .is 23' from the traveled way ofNE 1 79th Street, as measured from the southern edge ofthe eastbound lane to the northeast corner ofthe building. The Site Plan also illustrates that additional clear space will be created when the north section of the building is cut back during development. Pedestrian safety has also been mentioned as a concern. The sidewalk along the west side ofBiscayne Boulevard, in front of the existing building, continues for hundreds offeet north and south of this location. The sidewalk hosts transit shelters, benches, trashcans and utilities. No design element of the sidewalk in front of the subjcct parcel presents an abnormal safety risk to pedestrians. Regarding the issue of visibility, eastbound motorists on NE 179th Street continue to have adequate sight distance toward northbound pedestrians at the Biscayne Boulevard intersection. That is, when prudent motorists look to their right and view the sidewalk fronting the existing building, the line-of-sight is sufficient to allow a pedestrian to be seen and avoided. . Walking at an average speed of 4.5 feet per second, a pedestrian will cover the 23' between the northeast comer of the building and the south edge ofNE 1 79th Street in about 5.1 seconds. Therefore, an approaching motorist has over five seconds to see and react to a nearby pedestrian. This is more time than most people take to look in both directions. Finally, as a footnote to the roadway design process, FDOT spends enormous amounts of time and labor to scrutinize roadside safety issues. Curb and gutter designs, sidewalks, roadside clear zones, the need for guardrails or walls, and the need to demolish or relocate structures are all included in the design process. The subject parcel was scrutinized in this manner, resulting in a building modification that has long been completed. FDOT did not change any curb, gutter or sidewalk designs fronting this parcel, nor did they require the installation of any guardrails or other barriers due to any safety deficiencies. Miles Moss and Associates, Inc. Consulting Engineers 305 386-1212 2 17866 Biscayne Boulevard Traffic Safety Study Compliance with Code In a memo dated July 30'\ 2001, city staff recommends a denial ofItem 1, a request for a front yard setback of 0.30' where a 25' setback is required by Code. Cited as the criteria for review and evaluation is Section 3 1 - 76(e) of the City's Land Development Regulation. This Section defines variances to the code. Specifically, city staff acknowledges a "hardship" at the development site due to the FDOT road widening project which impacted the property and reduced the original setback distance. Other properties in the City were similarly impacted, so staff finds no "unique" conditions for this parcel. Staff also acknowledgcs an "economic" hardship, but feels this factor "has not been deliberately created." Furthermore, staff expresses a concern "for the safety of pedestrians and motorists on Biscayne Boulevard and NE 179 Street." We respectfully disagree, as follows: . The "hardship" is a direct result ofFDOT's road widening project. Roadway construction brought the edge ofthe road closer to the previously-existing building. The Applicant had no control over this process. . While some other properties experienced a similar setback conflict, this circumstance is certainly special in relation to the entire roadway widening project. Only a handful of parcels were so affected, and this low percentage of experience can easily be classified as "unique." . The issue of "economic" hardships are beyond the scope of our study, but we find this circumstance has clearly been "deliberately created" by the FDOT project. Again, the Applicant had no control over this process. . The concern "for thc safety of pedestrians and motorists on Biscayne Boulevard and NE 179 ST" is unfounded. The development site exhibits an adequate roadsidc clear zone and a pedestrian sidewalk consistent with designs throughout the City of A ventura. Although curiously not cited by staff, the A ventura Code specifically and thoughtfully addresses the exact circumstance of this Application. Sections 34-121 through 34-126 (Ordinance 97-21) state: Miles Moss and Associates, Inc. Consulting Engineers 305386-1212 3 17866 8iscayne Boulevard Traffic Safety Study Sec. 34-126. Standard for grant or denial of variance; conditions. (a) Existing lots, parcels. structures or uses which become or will become nonconforming or increase in nonconformity as a result of governmental acquisition by an acquiring authority, and constitute a deviation from the standards of the Zoning Code, may be granted a variance by the City Commission, provided a determination is made by the City Commission, after public hearing, that: (1) The requested variance will not adversely affect visual, safety, aesthetic or environmental characteristics of the community; and (2) The requested variance will not adversely affect the safety of pedestrians or the safe operation of motor vehicles. (3) The requested variance will not cause motor vehicle parking shortages which adversely impact the community. (4) The requested variance will not encourage or promote the continuation of existing uses of the property which have been or will be rendered unfeasible or impractical due to the impacts of the acquisition and/or construction of the roadway or other public facility including, but not limited to, aesthetic, visual, noise, dust, vibration, safety, land use compatibility and environmental impacts. In answer to Section 34-126, the requested variance "will not adversely affect the safety of pedestrians or the safe operation of motor vehicles" as demonstrated in previous portions ofthis report. The complete Section is attached as Exhibit 1, and orientation photos are attached as Exhibit 2. Conclusions . The existing building setback exceeds the minimum roadside clear zone requirements of the Florida Department of Transportation, thus providing more than adequate clear zone space. . Pedestrian safety at this location is consistent with other locations in the City; the sidewalk design presents no abnormal risk to pedestrian safety. . Motorist visibility toward northbound pedestrians on the sidewalk is adequate to allow pedestrians to be seen and avoided by prudent drivers. . Section 31-76( e) of the Code, cited as being appropriate by City staff, is satisfied. . Section 34-126(a)(2) of the Code, clearly the more appropriate criteria, is also satisfied. Miles Moss and Associates, Inc. Consulting Engineers 305 386-1212 4 17866 Biscayne Boulevard Traffic Safety Study EXHIBIT 1 PART II CODE OF ORDINANCES Chapter 34 PLANNING AND lONING* ARTICLE IV. ZONING' DIVISION 2. VARIANCES Sec. 34-121. Intent and purpose. (Ord. No. 91-21, S 1, 9-2-97) Sec.34-122. Definitions. The following terms shall have the meaning Indicated herein, when used in this division. Acquiring authority means the govemmental entity proposing to acquire private property for public transportation or other public purposes pursuant to eminent domain proceedings or pursuant to negotiation in lieu of or under threat of the power of eminent domain. Acquiring authorities include, but are not limited to, the City, the County, the FDOT or successor entity. City means the City of Aventura. County means Metropolitan Dade County. Cure means a variance granted pursuant to this division which authorizes the continued use and enjoyment of private property, as a lawful use, subsequent to the creation of a nonconformity by an acquiring authority FOOT means the Florida Department of Transportation or successor entity. Nonconformity means the failure of a lot, parcel, structure or use to comply with the requirements of the Zoning Code Including, but not limited to, motor vehicle parking, landscaping, setbacks. lot size or other criteria. which failure Is caused or Increased by acquisition of private property by an acquiring authority. Zoning Cooe means the City's Zoning Code as provided by the City Charter section 8.03 and Ordinance No. 97-15. (Ord. No. 97-21, S 2, 9-2-97) Sec. 34-123. Structures, lot size and land use made illegal as a result of governmental acquisition. In the event that an acquiring authority acquires private property for a public transportation facility or other public purpose or facility and the acquisition results In the increase of or the creation of a nonconformity, such private property shall constitute an Illegal nonconforming use unless a variance is granted in accordance with this division. (Ord. No. S 3, 9-2-97) Sec. 34-124. Authority to apply for variance. The acquiring authority and/or the property owner are each hereby granted the authority to apply for a variance from the Zoning Code to cure nonconformities, pursuant to this division. Application may be made prior to or after the creation of the nonconformity. (Ord. No. 91-21, S 4, 9-2-97) Sec. 34-125. Authority to grant variances. Miles Moss and Associates, Inc. Consulting Engineers 305386-1212 5 17866 Biscayne Boulevard Traffic Safety Study The City Commission shall have the authority to grant variances to cure nonconformities pursuant to this division. (Ord. No. S 5, 9-2-97) Sec. 34-126. Standard for grant or denial of variance; conditions. (a) Existing lots, parcels, structures or uses which become or will become nonconforming or increase in nonconformity as a result of governmental acquisition by an acquiring authority, and constitute a deviation from the standards of the Zoning Code, may be granted a variance by the City Commission, provided a determination is made by the City Commission. after public hearing, that: (1) The requested variance will not adversely affect visual, safety, aesthetic or environmental characteristics of the community; and (2) The requested variance will not adversely affect the safety of pedestrians or the safe operation of motor vehicles. (3) The requested variance will not cause motor vehicle parking shortages which adversely impact the community . (4) The requested variance will not encourage or promote the continuation of existing uses of the property which have been or will be rendered unfeasible or impractical due to the impacts of the acquisition and/or construction of the roadway or other public facility including, but not limited to, aesthetic, visual, noise, dust, vibration, safety, land use compatibility and environmental impacts. (b) The Commission may impose conditions upon any variance granted so as to assure compliance with the above listed criteria. (c) Alternative plans submitted by the acquiring authority and/or property owner may all be approved, with appropriate conditions. The Commission shall require conformance with whichever approved plan is implemented. (Ord. No. 97-21, S 6,9-2-97) Miles Moss and Associates, Inc. Consulting Engineers 305386-1212 6 17866 Biscayne Boulevard Traffic Safety Study EXHIBIT 2 Exhibit 2 - 1: Looking south Exhibit 2 - 2: Looking north Miles Moss and Associates, Inc. Consulting Engineers 305 386-1212 7 17866 Biscayne Boulevard Traffic Safety Study Exhibit 2 - 3: Looking north Exhibit 2 - 4: Edge-of-Iane to back-of-curh = 33" Miles Moss and Associates, Inc. Consulting Engineers 305 386-1212 8 17866 Biscayne Boulevard Traffic Safety Study Exbibit 2 - 5: Edge-of-Iane to back-of-sidewalk = 105" Exhibit 2 - 6: Edge-of-Iane to east face of building = 194" Miles Moss and Associates, Inc. Consulting Engineers 305 386-1212 9 11866 Biscayne Boulevard Traffic Safety Study Exhibit 2 - 7: Measurement to east lace of building Exhibit 2 - 8: Transit shelter located at back edge of sidewalk <not hazardous} Miles Moss and Associates, Inc. Consulting Engineers 305386-1212 10 . ~~ . . . . CURRICULUM VITAE . . . Miles Elliott Moss, P .E. . - - MILES E. MOSS, P.E. PRESIDENT MILES MOSS & ASSOCIATES, INC. June 1983 - Present: Responsible for analysis of pedestrian and vehicular accidents and evaluation of the contributing causes of the accident in relation to analyzing driver strategies and tactics, as well as highway engineering and traffic engineering factors. Responsible for coordination of all traffic engineering studies, traffic impact studies, capacity and traffic signal engineering standards and practices relating to such deficiencies. Education: Master of Science, Civil Engineering, University of Miami, majoring in Traffic Engineering, 1978. Bachelor of Science, Engineering, University of South Carolina, 1970 Specialized Training: Traffic Accident Reconstruction, Traffic Institute, Northwestern University Accident Data and Location Analysis Programs, Bureau of Highway Safety, Tallahassee, FL Traffic Engineering and Safety Seminar, University of Washington Highway Capacity Manual Workshop, University of Miami Traffic Engineering, Georgia Institute of Technology Professional Experience: Thirty years of professional experience on a management and supervisory level in traffic engineering, conducting traffic operations studies. Acting safety engineer with Dade County Traffic Engineering. Responsible for coordinating solutions to traffic operations and safety problems. Served as project director for Urban Pedestrian Safety demonstration project (National Highway Transportation Safety Administration Funded.) Served as an Expert Witness, identifying traffic engineering standards deficiencies. Participated with University of Miami Multidisciplinary Accident Analysis Team. Registered Professional Engineer, State of Florida Full Accreditation as a Traffic Accident Reconstructionist, The Accreditation Commission for Traffic Accident Reconstruction Fellow of the Florida and National Institute of Transportation Engineers Member of ITE Consultants Council and Expert Witness Council Member of the Florida Engineering Society Member of the National Academy of Forensic Engineers Member of the International Association of Accident Reconstruction Specialists Award received from Dade County Citizens' Safety Council: Outstanding Citizen of the Year for Research in Safety. Served as Chairman, Committee 4A-6, Institute of Transportation Engineers Traffic Control Devices for Elderly and Handicapped November 1981 to June 1983: Mid South Engineering Company Vice President Traffic Engineering: Responsible for coordination of all traffic engineering studies. Traffic Operations Engineer: Coordination of traffic operations studies, signal studies, traffic impact studies, and parking studies. Served as expert witness to review traffic operations deficiencies and identify improvements required. 1970 to 1981: Metropolitan Dade County, Department of Traffic and Transportation Supervision of Surveys and Services Units, and the Safety Projects Units. Supervision of Urban Pedestrian Safety Demonstration Project, N.H.T.S.A., contract to implement counter measures to reduce pedestrian accidents and test their effectiveness. Official representative of the Department of Multidisciplinary Accident Analysis Team, which specializes in traffic accident reconstruction. Reviewed the impact of major developments proposed in Dade County. In reviewing the extent, location and type of planned developments, developed and expertise in being able to accurately analyze and project distributed future traffic volumes. Actual tests indicated that many of these projections were within 5% of the actual traffic generated. Areas of specialization and direct responsibilities included superviSion of the school routes to each of the 170 elementary schools in Dade County. This included coordination with all school principals, PTA groups and parents. Supervised the traffic interruption unit which reviews construction plans by private developers, contractors, or public utilities and determined appropriate detours and safety devices and warning signs required. lInow it" mrn hI! tI,~~r pttF~Fnt~ - <!rhat the lSoarh of Q[ruSh~t5 hl! birtue of authnrttl! bl'steh in them h!! the - ~tate of ~.outh Q[aroltna upon ru.ommenhatton of the .liaru1t!! of the Qtnllrgtnf lughtttrittg habe t.onferreh upon lIilra lllintt lIuaa the hegree .of iur4tlur nf idturt iu lUgiurtrittg -t.ogdher with all the rights, hon.ors, prtllt1eges, anh resp.ansihtltttes to that he~rl'e appertainin~. ~iben af Q[olumhia, ~.outh Q[aroltna this 31st llal! of JJanuar!! in -the l!Ntr of @ur 1Horll one th.ousanll nine hunllrl'll anll sebent!! anh of _lhe Q!Inibersitl! the .ont' hUltllrell anll sixtl!-ftfth. ~.....~4?.'~..~.,,~.. 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(f) S tn m ~ -0 r- ~ ~ N 0 LL (D .~ r- . ..... ....- N ~ W t-- <<)1. ~ ~Q) c..Q ~ ~ Q) E ~ (D , fJ) ....... .2::J . 0... ...JZ ":: t fJ) m - ...c 0 0 ~ ~ <D -0 .- C .- ~ ~ 0 ~ .- Q) - Q) ~ ~ - c: 0 W -- 0) 0 c N (/) w ... e..t Q,) co 00 - c: N -t-t .- 0 ~ I t ~ 00 >. ~ ~ 00 30- Q) ~ -..- :J ~ e -t-t 30- ~ D- .0 ~ CO C1> ~ 00 u. ~ CO -0 C<<) Q) 0- 00 -= c me Q) I. () - ~ 00 )( w FLORIDA STATE BOARD of PROFESSIONAL ENGINEERS CERTI?IC.?lTE No. EB-0006283 =IFICATE OF AJJTHORIZATION PERI!ITTING INDTIIDUAL ilEGISTERED PROFESSIONAL ENGINEERS TO lFFER PROFESSIONAL SERVICES TO THE PUBLIC THROUGH A CORPORATION, EllRTNERSHIP FIC:::ITIOUS l.I!E OR ASSOCIATION. WHEREAS MILES MOSS & ASSOCIATES, INC. HAS M....T>T THE REQUIREMENT OF CHJl.PTER 471.023, FLORIDA STATUTES, .....:LORIDA STATE BOARD OF PROFESSIONAL ENGINEERS AUTHORIZES THE SJl..ID CORPORllTION TO OFFER TO THE PUBLIC PROFESSIONAL ENGINEERING ,ERVICES OF THE FOLLOWING I,ISTED INDIVIDUALS: .\fILE E. MOSS #PE0027627 IN TESTIMONY WHEREOF, WITNESS THE SIGNATURE OF THE EXECUTIVE jJIRE~R UNDER SEAL OF THE BOARD THIS 3ra DAY OF June 1992 /I ~(/ . . ,--....Y-- " ~:".." Exec~~~~~=ec=3r I i.,.:~ ~':';;:\i:~'l; ~~; .;'~,"'" '; "'-':>\'t , . ",," ";":,.\- ':"};;~;~;::'::':~:~;1 :,. ..,t).:' -<,;.,,' '.,.'.?,..' .', .- ',:" ',<'- "~-'.';, .,'..,. " <;, -,:'i,:j;l:,:;:~n'<.' : ",:' .>........< ;",'.- -'....'". ';"'::;.).:;,':::_<(';' ,',"" ":;,,-,:~, t . ""0"-'-,.5"'::':'>'" <'.,,"_' p",:':.:}.: ~"_":::f<>.;(~ '.' ,," -, '~.-,. ",;;,',~-> -. '<';>:',,~'" ~ Chair, ACTAR '.-: -'.!:,:'>~ ','; \":.,; "i " "",:,:.,' . ". '\'.',~'<:+1>\ .;.......,-.' ;.,,:, ~(. ,'.' . , . . . '. -"" _.. '1 he AccreOltatlOn CommiSSIOn tor Traffic Accident Reconstruction ACT AR hereby awards the level of Full AccredItation as a Traffic Accident Reconstructionist to Miles E. Moss This accreditation expires: April 24, 2004 Reg# 562 ~l::i ~ "S~ I " " .:::1't:l ~ ""-f-- " l? .,; tl"'- ;"\ >-< ' , u" :s I , Sl::!j:j' / i-' t:(,J~ lU lo...l::i' ~ \..J I ;. U" u J i\., 0<:> ~ .EH,'S. . ~ / I, \ ..t:ru..t:- ~', f' ~ \ ~ t:: i:: . ~ j ) " " :<; .J:::l~..t::I, i2 E:" E: . ~ a ,)1 "-,,, " <1 E:;;: E: ~ E:: ~ '~.o:s! ~ 01 , u ~t::-' \..J ~ h a ~ . .,. ~ ~ "<: ~ N ~ (, "<: ~ , , ;;; ~ , ~ '" f::1 ~ ~ a \..J ~ ~ eJ ~ 0 ~ ~ R:: f-.< I: N ~ :<; ~ ~ ~ 0 S '"" f:: '"" \..J ~ -.:: (.) \..J ~ -.:: ""<: ~ '"" ~ ~ =::l N a .1 ~ ~ -.:: :<; H 2l "<: a ~ " E:: I: ~ ~ ~ '"" <-< ~ ~ '" " ~ a ~ :::.. E:: ~ ~ il::; \:; ~ ... ~ " ~ " :s! tl' ~ tl' ~ J; '"'21 .J.. National Academy oi Forensic Engineers ec urive Board iiDliNT i. MU1'I'ay McMI. fJ,e. ~ '1 Foothill IDvd. ... c,..,.~*.. c.lifomi. ~121'" 81al l:,q-2~2~ S!DfHT.nEC:'" !"'!ert>er E~\!Ir""'. ...E. :>.0 _ ao~ 3wac O"'&N. Nebr.~ Ul37 !4021 ~:n.2590 no. vlCf_PuslDfHT Jo~ S. Ward. P.F-., LS. P.O. a... \234 Molttc:iaM-, No_ J_V Q71)42 (201} 74.4,.4020 Cf.PRfSlDfHT :':>~jt! 'N ....L:l1:I;.~ S:;.ii ?o......... :',uue .i.,^'o 'A.monOs. 7.nl'leuee 38157 iOOl \ 767--1.;0. ~tA::UlttR: ~eoo:ior.. D. O1:iurman, l'.=- ,40400 Gi.....dai. Livoni.. >y1idliqan &alSO \3J]1525-03\0 ,C.lIrr JJfY t '_rJdlng "rlll'..;c;_r J M............ \.04. S~..r. P.=... :.....s... .14 iik.adv ,,_nu. ri......nor-. N.... '(QfE i053~ tQI.~ 747_111'1 MMfJ). PA57 PRISQEN! W;1!ia-m A. C:lJ.. Jr., !I'.:. ;>::). aoJ 5:;. Yi..-qinia a..c..'a. Virai",. 23-451 : 80&; 4.,8.;Z.Q j: 'AST HtlS.tDEHT Pou;S Prir--".r, P.!;' 1S Henna SWeri Ql.lin<;y. ""'1Il.Wdnn..m 021c9 ;617) .47'-8282 ~ National Academv of Forensic Engineers Chartered Affinity Group of the National Society of Professional Engine~J Please reply to: = February 12, 1986 Miles E. Mess, P.E. 12900 s. W. 84 Street Miami, FL 33183 Dear Fellow Forensic Engineer: I am pleased to i~form you that the memoership committee c" ~he National Academv of Forensic Eng~~eers has ac~ed fa'Jorably on ycur application and a~~itted you to the Academy in the grade of Member Your ~ce~tifying membership number will be 195 f and we =equest you make reference to same in transmittals and correspondence to the Academy. Those of us involved in the fCrMation of the NF2E continue to be impressed with ~~e competence and experience of ~he candida~es ==r membersnlp. We are pleased to include yeu i~ ~~e Academy and lock forward to your participation. Very truly, ,..-; t", -.., yvd--...- ~ ~ ~. M. Spec~e~l P.E., L.S. Sec:::-etar7 (Founding president) Please make prompt payment of the attached bill- ing to validate your membership. o 1420 KING ST., ALEXANDRIA, VA. 22314 rJ) ~ Q) <J:l <l..l Q) ~ ~ ...... ..... t:.l . ,....0( ..... ..... bO ~ - ~ ...... .... - 0 ~ ...... 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"-' - - "~ ~~ ..... '- - ..... - - .- -- - ~. :::~ o <l.:l U...... - - ...V::. ::= ""- <l.:l ,,~ ...... -" ~ 'J:. ..:: ~ "- "- ~~ - "- ~~ '- <l.:l "- -'::~ ...... ~::::: :::. ~ - 0\ 0\ - ..,f - ~ c ~ ....... - 'u ;:; o l; 2l .5 ~ ~ o f~ o " s:: ~ 0 '" .... ~ ~ .:: '" - o ...r:.t':. - a, II .- ~ (\~\ \ ~ Ii ~~.~ ~ "iiJ' ~'(qU) .~ .~ ~ J ~ . " .",,,, if ~J!) i() .~ ~ '", [)(r.!/ ~ ; (\) >I-t/\ ~ :.\ 1~. ~ /(j'~'..:I'lli.[:#i'~.h/~' 7~... '. _~_).I ,,~: ",-,> " . ~ ~ ~~,,~ ~.: ld I ~' _ """" l,".: I '~( .... ~ ~ 0 ~ (: ~ ~;r ~I (=\ ~~ .~ i: ~ _ '""" ' ...... \.Y ~ '" · ~ , .0~\ I U') ~,S ".~ ..t if; , .' ". '" 1(\ ,~ .~ ~ { '\'l '~~. ~r'-) S(( ~ ~ ~ ~,~ J '. ,~\--./ ~.,...~ ~~ ~ 0~~~~ /~} ~~ ~ ~~ ~ ':1~ ... J \ \) ~ i ~ ~; i$\'~~ ~'. ~.' ~ ~ ~ ~ ~ .~ ~ '" , "" "" . c; r d ~ ~ :: ;0" if, '" '" ~. .. J cD , . ~ ., Q '-" --Aj. , ~ ---- :: . < (Iv - , "' .q: 5 ? ~ ~ tl d J' I _...:....~-,...,'-'-'--....:... .$' .::- ".:' --,-~ -=....~ '-...' = ~ .".-~', :::" .... ~~-.' ./ ff ~:l":'"~/i~ ...-..:-- -~-. ~; ::-:: 11--- ~::7.~' %~. ~.......:..," ---..:. ".,......;. ...- -- 1.r~"I..~' ,-' .i~''''' ' ". -'I ".../~ ."..-^"'- -~ ------- "" - '.. ~, ... -, "-' .: ...: - ;.. .:::' ....' . J '- ~-'.....-""::- l. ... \.' ,...'-......,:..-....................::. - ,,'!'he 01y of nventura 8 .~".,;/ MINUTES CITY COMMISSION MEETING JULY 3, 2001 6 PM Aventura Government Center 19200 w. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p.m. by Mayor Jeffrey M. Perlow. Present were Commissioners Arthur Berger, Jay R. Beskin, Manny Grossman, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Ken Cohen, Mayor Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: Dr. Barry Silverman led the pledge of allegiance. A motion to address itern 6 at this time was offered by Commissioner Rogers-Libert, seconded by Vice Mayor Cohen and unanimously passed. 6. CONSENT AGENDA: Commissioner Berger requested removal of items 6F and 6H; Commissioner Holzberg requested removal of item 6C; Commissioner Beskin requested removal of item 60; and Commissioner Rogers-Libert requested removal of item 61. A motion to approve the remainder of the Consent Agenda was offered by Commissioner Rogers-Libert, seconded by Commissioner Berger, unanimously passed and the following action was taken: A. Minutes were approved as follows: June 5, 2001 Commission Meeting June 20, 2001 Special Meeting June 20,2001 Workshop Meeting B. Resolution No. 2001-40 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 01-05-18-2, NE 34TH AVENUE ROADWAY RESURFACING PROJECT AT THE BID PRICE OF $91,405.00. 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. E. Resolution No. 2001-41 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPOINTING THE FIRM OF CRAVEN THOMPSON & ASSOCIATES, INC. TO PERFORM GENERAL PROFESSIONAL ENGINEERING CONSULTING SERVICES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENT FOR PROFESSIONAL SERVICES; AGREEING TO THE NEGOTIATED SCOPE OF SERVICES AND FEES CONTAINED IN SAID AGREEMENT; AND, PROVIDING AN EFFECTIVE DATE. G. Resolution No. 2001-42 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 01-06-06-2, CUSTODIAL SERVICE FOR THE GOVERNMENT CENTER AT THE BID PRICE OF $52,800 PER YEAR TO TRIDON CLEANING CONTRACTORS, INC; 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. J. Resolution No. 2001-43 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AVENTURA FIFTEENTH ADDITION, BEING A REPLAT OF A PORTION OF TRACT E OF AVENTURA SECOND ADDITION, PLAT BOOK 99 AT PAGE 21, CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. K. Resolution No. 2001-44 was adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED CHANGE ORDER FOR THE AVENTURA GOVERNMENT CENTER, BY AND BETWEEN THE CITY AND JAMES A. CUMMINGS, INC; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 2 Mayor Perlow announced that the remainder of the Consent Agenda would be addressed after the zoning hearing. Mayor Perlow excused himself from the room at this time. 3. ZONING HEARINGS: 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. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF VARIANCE FROM SECTION 31-171 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW 78 OFF-STREET PARKING SPACES WHERE 86 OFF-STREET PARKING SPACES ARE REQUIRED; GRANTING APPROVAL OF VARIANCE FROM SECTION 31-144(f) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW A REAR YARD SETBACK FOR THE EASTERLY BUILDING OF TEN (10) FEET WHERE A SETBACK OF TWENTY-FIVE (25) FEET IS REQUIRED; GRANTING RELEASE OF A DECLARATION OF USE RECORDED JANUARY 15, 1971 IN OFFICIAL RECORDS BOOK 7031, PAGE 660, WHICH RESTRICTED THE USE OF LOTS 6 AND 7, BLOCK 34 OF HALLANDALE PARK TO SINGLE-FAMILY RESIDENCES; FOR PROPERTY LOCATED BETWEEN NE 213 STREET AND NE 214 STREET ON THE EAST SIDE OF EAST DIXIE HIGHWAY; PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert and seconded by Commissioner Beskin. Brenda Kelley, Community Development Director, explained the request of the applicant and entered the staff report into the record. Vice Mayor Cohen opened the public hearing. The following individuals addressed the Commission: Ben Lopez, 4105 Ponce de Leon; Alan Benson, 3943 194th Trail, Sunny Isles Beach, on behalf of the applicant; John May, 2771 NE 214th Street; and Frank Shiven, Esq. Greenberg Traurig, Ft. Lauderdale, on behalf of Aventura Hospital. An amendment was offered by Commissioner Rogers-Libert, seconded by Commissioner Beskin and unanimously passed to clarify on page 3, Condition #3 that the street lighting on NE 213th Street, 214th Street and East Dixie Highway adjacent to the site shall conform to the Aventura signature lighting. There being no further speakers, the public hearing was closed. The motion passed unanimously (6-0) and Resolution No. 2001-45 was adopted. 3 Mayor Perlow returned to the meeting at this time. 4. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 5. SPECIAL PRESENTATIONS: None. 6. CONSENT AGENDA: C. 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. 01-06-22-11, NE 213TH STREET BEAUTIFICATION IMPROVEMENTS, TO VILA & SON LANDSCAPING CORPORATION AT THE BID PRICE OF $589,000.00 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 Rogers-Libert, and seconded by Vice Mayor Cohen. The motion for approval passed unanimously and Resolution No. 2001-46 was adopted. D. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SELECTING THE FIRM OF JAMES A. CUMMINGS, INC. TO PERFORM CONSTRUCTION MANAGEMENT SERVICES WITH GUARANTEED MAXIMUM PRICE AT RISK IN ACCORDANCE WITH ISQ NO. 01-5-11-2, COMMUNITY/RECREATION CENTER; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS AND FEES FOR SAID SERVICES; AUTHORIZING NEGOTIATIONS WITH ALTERNATE FIRM TO PERFORM THE REQUIRED SERVICES SHOULD NEGOTIATIONS WITH SELECTED FIRM BE UNSUCCESSFUL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 4 A motion for approval was offered by Commissioner Rogers-Libert, and seconded by Commissioner Beskin. The motion for approval passed unanimously and Resolution No. 2001-47 was adopted. H. (Taken out of order) Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA FLORIDA, AMENDING RESOLUTION NO. 98-55, WHICH CONCERNED COMMUNICATIONS BY MEMBERS OF THE CITY COMMISSION WITH OTHER GOVERNMENTAL ENTITIES AND PUBLIC PRESENTATIONS, AND WHICH PROVIDES A STANDARD OF CONDUCT FOR THE MAYOR AND COMMISSIONERS, TO PROVIDE PROCEDURES CONCERNING VISITS WITH RESIDENT ASSOCIATIONS; PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert and seconded by Vice Mayor Cohen. An amendment was offered by Commissioner Berger seconded by Vice Mayor Cohen and unanimously passed to provide that Section (d) be amended to provide the City Manager or his designee. A motion to defer this item to the July Workshop meeting was offered by Mayor Perlow, seconded by Commissioner Berger and failed, 2-5 with Mayor Perlow and Commissioner Berger voting yes and Commissioners Holzberg, Beskin, Grossman, Rogers- Libert and Vice Mayor Cohen voting no. An amendment was offered by Commissioner Rogers-Libert and seconded by Commissioner Beskin to include in the definition of resident associations umbrella groups who represent or are made up of resident associations, homeowner associations, condominium associations and master associations. The amendment passed 5-2 with Commissioner Holzberg and Mayor Perlow voting no. An amendment was offered by Commissioner Beskin, seconded by Commissioner Rogers-Libert and unanimously passed to reiterate definitions in Section (d). An amendment was offered by Commissioner Beskin, seconded by Vice Mayor Cohen and unanimously passed to eliminate the word representatives and clarify that this resolution is limited to regular or special meetings of associations or boards of directors. The amendment passed unanimously. The motion for approval, as amended, passed unanimously and Resolution No. 2001-48 was adopted. I. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR ELECTIONS UNDER FLORIDA'S COMMUNICATIONS SERVICES TAX SIMPLIFICATION LAW; PROVIDING FOR THE ELECTION NOT TO CHARGE PERMIT FEES TO COMMUNICATIONS PROVIDERS; PROVIDING FOR INCREASING THE COMMUNICATION SERVICES TAX RATE BY 0.12% IN LIEU OF IMPOSING PERMIT FEES; 5 PROVIDING FOR ADOPTION OF CONVERSION RATES CONTAINED IN SAID LAW; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert, and seconded by Commissioner Beskin. Harry Kilgore, Finance Support Services Director, addressed Commission's concerns. The motion for approval passed unanimously and Resolution No. 2001-49 was adopted. F. Mr. Wolpin read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, SELECTING THE FIRM OF CHARTER SCHOOLS USA, INC. IN ASSOCIATION WITH CHARTER SCHOOL DEVELOPERS, INC. TO DESIGN, BUILD, OPERATE AND MAINTAIN CHARTER ELEMENTARY SCHOOL AND PRIMARY LEARNING CENTER FACILITY IN ACCORDANCE WITH RFP NO. 01-06-01-2; AUTHORIZING THE CITY MANAGER TO NEGOTIATE THE TERMS AND FEES FOR SAID SERVICES; AUTHORIZING NEGOTIATIONS WITH ALTERNATE FIRM TO PERFORM THE REQUIRED SERVICES SHOULD NEGOTIATIONS WITH SELECTED FIRM BE UNSUCCESSFUL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert and seconded by Commissioner Beskin. At the City Manager's recommendation, in order to insure that a public hearing will take place prior to a decision on the Primary Learning Center location, an amendment was offered by Commissioner HOlzberg, seconded by Commissioner Rogers-Libert and unanimously passed to provide for the deferral of scope of services and fee negotiation relative to the Primary Learning Center to November 2001. Michael Ross, Esq., 19986 NE 36th Place, on behalf of Chancellor Charter Schools, and Glen Pierce, Joaquin Avino and Jonathan Hage, representing Charter Schools USA, addressed the Commission. The motion for approval, as amended, passed unanimously and Resolution No. 2001-50 was adopted. City Attorney authorized to research procedures for bid protest. 7. ORDINANCES - FIRST READING/PUBLIC INPUT: None. 8. PUBLIC HEARING: ORDINANCES - SECOND READING: 6 A. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 2 "ADMINISTRATION" 7- ARTICLE III "ADVISORY BOARDS" TO REPEAL DIVISION 2 "BEAUTIFICATION ADVISORY BOARD" AND DIVISION 3 "RECREATION AND CULTURAL ARTS ADVISORY BOARD"; AND REPLACE THEM WITH NEW DIVISION 2 ENTITLED "COMMUNITY SERVICES ADVISORY BOARD"; PROVIDING FOR CREATION; PROVIDING FOR COMPOSITION AND QUALIFICATIONS; TERM OF OFFICE; ADVISORY CAPACITY; RULES OF PROCEDURE; JURISDICTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert and seconded by Vice Mayor Cohen. Mayor Perlow 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. 2001-08 was enacted. B. Mr. Wolpin read the following ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE CREATION OF THE CITY OF AVENTURA ECONOMIC DEVELOPMENT ADVISORY BOARD; PROVIDING FOR CREATION; COMPOSITION AND QUALIFICATIONS; TERM OF OFFICE; ADVISORY CAPACITY; RULES OF PROCEDURE; JURISDICTION; PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE; AND PROVIDING AN EFFECTIVE DATE. A motion for approval was offered by Commissioner Rogers-Libert and seconded by Commissioner Berger. Mayor Perlow opened the public hearing. There being no speakers, the public hearing was closed. An amendment was offered by Commissioner Rogers-Libert, seconded by Vice Mayor Cohen and unanimously passed to clarify in Section 1.B that members shall either own, operate or be the CEO of a business within the corporate limits of the City, be a resident of the City presently retired who has extensive experience in business or marketing, and not more than 2 members may be residents who are not retired, but have extensive experience in business or marketing. An amendment was offered by Mayor Perlow, seconded by Commissioner Rogers-Libert and unanimously passed to include executive directors of not-for-profit corporations and the head corporate officer of a business located in the City. The motion for approval, as amended, passed unanimously by roll call vote and Ordinance No. 2001-09 was enacted. 9. RESOLUTIONS: None. 7 10. OTHER BUSINESS: None. 11.PUBLlC COMMENTS: The following individual addressed the Commission: Ginger Grossman, West Country Club Drive. 12. REPORTS: As presented. 13. ADJOURNMENT: There being no further business to come before the Commission at this time, after motion made, seconded and unanimously passed, the meeting adjourned at 9:10 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 is made. which record includes the testimony and evidence upon which the appeal is to be based. 8 The Qty tI AVentura . MINUTES COMMISSION MEETING THURSDAY, JULY 19, 2001 9 AM Aventura Government Center 19200 W. Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER/ROLL CALL. The meeting was called to order at 9:00 a.m. by Mayor Jeffrey M. Perlow. Present were Commissioners Arthur Berger, Jay R. Beskin, Manny Grossman, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Ken Cohen, Mayor Perlow, 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. OVERVIEW AND REVIEW OF PROPOSED BUDGET: Mr. Soroka gave a powerpoint presentation showing an overview of the financial performance of the City over the last five years. He then reviewed the proposed 2001/02 budget document, as follows: A. GENERAL FUND, including Revenues, General Government Departments (City Commission, City Manager, Finance Support Services, Legal, City Clerk), Public Safety Department, Community Development Department, Community Services Department, Non-Departmental and Capital Outlay. A motion for approval of the General Fund Budget Revenues was offered by Commissioner Holzberg, seconded by Commissioner Rogers-Libert and unanimously passed. A motion to approve the City Commission budget was offered by Commissioner Grossman, seconded by Commissioner Holzberg and unanimously passed. A motion to approve the City Manager budget was offered by Commissioner Rogers-Libert, seconded by Commissioner Holzberg and unanimously passed. A motion to approve the Finance Support Services budget was offered by Commissioner Rogers-Libert, seconded by Commissioner Holzberg and unanimously passed. A motion to approve the Legal Department budget was offered by Commissioner Beskin, seconded by Commissioner Rogers-Libert and unanimously passed. A motion to approve the City Clerk budget was offered by Commissioner Grossman, seconded by Commissioner Rogers-Libert and unanimously passed. A motion to approve the Public Safety budget was offered by Commissioner Rogers-Libert, seconded by Vice Mayor Cohen and unanimously passed. A motion to approve the Community Development Department budget was offered by Commissioner Rogers-Libert, seconded by Vice Mayor Cohen and unanimously passed. A motion to approve the Community Services Department budget was offered by Commissioner Rogers-Libert, seconded by Commissioner Holzberg and unanimously passed. A motion to approve the Non-Departmental budget was offered by Commissioner Rogers-Libert, seconded by Commissioner Holzberg and unanimously passed. A motion to approve the Capital Outlay budget was offered by Commissioner Rogers-Libert, seconded by Commissioner Holzberg and unanimously passed. B. Mr. Weiss read the following resolution by title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ESTABLISHING A PROPOSED MILLAGE RATE FOR THE 2001/02 FISCAL YEAR; PROVIDING FOR THE DATE, TIME AND PLACE OF THE PUBLIC HEARING TO CONSIDER THE PROPOSED MILLAGE RATE AND TENTATIVE BUGET; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the Resolution, which establishes a millage rate for the 2001/02 fiscal year of 2.227 per $1,000 of taxable assessed value, was offered by Commissioner Rogers-Libert, seconded by Vice Mayor Cohen, unanimously passed and Resolution No. 2001-51 was adopted. C. POLICE EDUCATION FUND: A motion for approval was offered by Commissioner Rogers-Libert, seconded by Vice Mayor Cohen and unanimously passed. D. STREET MAINTENANCE FUND: A motion for approval was offered by Commissioner Beskin, seconded by Commissioner Rogers-Libert and unanimously passed. E. POLICE CAPITAL OUTLAY IMPACT FEE FUND: A motion for approval was offered by Commissioner Rogers-Libert, seconded by Commissioner Holzberg and unanimously passed. F. PARK DEVELOPMENT FUND: A motion for approval was offered by Commissioner Rogers-Libert, seconded by Commissioner Holzberg and unanimously passed. 2 G. DEBT SERVICE FUND: A motion for approval was offered by Commissioner Rogers-Libert, seconded by Commissioner Holzberg, and unanimously passed. H. CAPITAL CONSTRUCTION FUND: A motion for approval was offered by Commissioner Rogers-Libert seconded by Commissioner Holzberg, and unanimously passed. I. STORMWATER UTILITY FUND: A motion for approval was offered by Commissioner Rogers-Libert, seconded by Commissioner Holzberg and unanimously passed. J. POLICE OFF-DUTY SERVICES FUND: A motion for approval was offered by Commissioner Rogers-Libert, seconded by Commissioner Holzberg and unanimously passed. 3. ADJOURNMENT: After motion made, seconded and unanimously passed, the meeting adjourned at 10:40 a.m. Teresa M. Soroka, CMC, City Clerk Approved by the Commission on Anyone wishing to appeal any decision made by the City Commission w~h 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 is made, which record indudes the testimony and evidence upon which the appeal is to be based. 2 ~ . MINUTES COMMISSION WORKSHOP MEETING JULY 19, 2001 Aventura Government Center 19200 W. Country Club Onlle Allentura, Florida 33180 The meeting was called to order at 10:45 a.m. by Mayor Jeffrey M. Perlow. Present were Commissioners Arthur Berger, Jay R. Beskin, Manny Grossman, Harry Holzberg, Patricia Rogers-Libert, Vice Mayor Ken Cohen, Mayor Perlow, 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. 1. FLC COMMITTEE APPOINTMENTS: Commissioners expressed an interest in serving on League Committees: Commissioner Holzberg - Municipal Finance and Taxation; Commissioner Beskin -Intergovernmental Relations. CITY MANAGER SUMMARY: Applications to be submitted to the League for consideration of appointment to the subject Committees. 2. DISCLOSURE ORDINANCES: Proposed ordinances discussed. CITY MANAGER SUMMARY: Consensus of Commissioners Holzberg, Beskin, Rogers-Libert and Vice Mayor Cohen that the ordinances as discussed be addressed on first reading at August meeting. 4. LAND DEVELOPMENT CODE ISSUES: (Taken out order) Community Development Director Brenda Kelley reviewed proposed changes to the Land Development Code regarding structure parking garages and amortization of residential signs. CITY MANAGER'S SUMMARY: Consensus to proceed with amendments - first reading in September and second reading in October. 3. CITY MANAGER'S REPORT: Mr. Soroka discussed recent correspondence from Miami-Dade County School Board objecting to the City building a Charter School on the subject site and the City's response. CITY MANAGER SUMMARY: No action required. 6. REP. GELBER OFFICE SPACE REQUEST: City Manager updated Commission on request for office space for representatives. CITY MANAGER SUMMARY: City to provide office space on third floor and construct entrance door through lobby to be used by all local, state and federal representatives. No furnishings to be provided by City. 5. CITY CHOIR: (Commissioner Berger) Commissioner Berger recommended City Choir and City Orchestra. CITY MANAGER SUMMARY: Consensus that more information be provided to the City prior to endorsement or sponsorship. Commissioner Berger also requested the City provide bus service for the computer training as in the past. 7. CITY CLERK REVIEW: Consensus to increase Clerk's salary to $68,000 and provide a net $5,000 bonus. 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 1:30 p.m. Teresa M. Soroka, CMC, City Clerk Approved by the Commission on ,2001. 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 is made, which record includes the testimony and evidence upon which the appeal is to be based. 2 CITY OF AVENTURA CITY MANAGER'S OFFICE MEMORANDUM BY: City Commission _~ Eric M. Soroka, City('rge Antonio F. Tomei, C . I Pro) cts Manager ~.pj TO: FROM: DATE: July 27,2001 SUBJECT: Recommendation - Work Authorization No. BA-001 Professional Design Services for NE 188th Street Roadway, Drainage and Beautification Improvements August 7,2001 City Commission Meeting Agenda Item b -.6 Recommendation It is recommended that the City Commission adopt the attached Resolution awarding Work Authorization No. BA-001 to Bermello Ajamil & Partners, Inc. providing for Professional Design Services for roadway, drainage and beautification improvements to NE 188th Street. This work authorization, in the amount of $106,200 is for supplemental services to the current agreement between the City and Bermello Ajamil & Partners, Inc. for design of the Community Recreation Center. This project is included in the Capital Improvements Program for the 2001/02 fiscal year. Backaround The project is to be designed in accordance with the City's Capital Improvement Program approved by the City Commission. The cost includes services pertaining to civil, electrical and landscape design, permitting, bidding, survey and construction inspection. The work area for the project will be within the NE 1881h ST ROW from NE 29th Avenue east to the Community Recreation Center. The proposed budget for the NE 188th ST improvements is $1,050,000. The construction cost estimate provided by Bermello Ajamil is $929,000. If you have any questions or need any additional information, please feel free to contact me. .-:..!".....-.. ._.>11>..''''' ,t. -""","""",,, RESOLUTION NO. 2001-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE ATTACHED WORK AUTHORIZATION NO. BA-001 FOR PROFESSIONAL DESIGN SERVICES FOR THE NE 1SSth ST ROADWAY, DRAINAGE AND BEAUTIFICATION IMPROVEMENTS PROJECT BY AND BETWEEN THE CITY OF AVENTURA AND BERMELLO AJAMIL & PARTNERS, INC.; 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 Work Authorization No. BA-001 ($106,200) for professional design services by and between the City and Bermello Ajamil Partners, Inc. Section 2. The work authorization BA-001 is a supplement to services currently in the Agreement between the City of Aventura and Bermello Ajamil Partners, Inc. for design of the Community Recreation Center. Section 3. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: , who Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow Resolution No. 2001-_ Page 2 PASSED AND ADOPTED this 7th day of August 2001. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY e BERMEllO-AJAMIL & PARTNERS-INC ARCHITECTURE. ENGINEERING. PLANNING. INTERIOR DESIGN. LANDSCAPE ARCHITECTURE July 9, 2001 Mr. Antonio F. Tomei Capital Projects Manager City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 RE: Improvement for N.E. 188th Street Dear Mr. Tomei: Pursuant to our meeting on June 26, 2001, we are submitting our proposal for Engineering Services related to the design of improvement to N.E. 188th Street from N.E. 29th Avenue to the entrance of the projected Community Center. Our proposal includes the following tasks: Task 1 - Civil Engineering Design Prepare construction plans for paving, grading and drainage of the improvements on N.E. 188th Street, including layout and geometry, horizontal control, utilities relocation if necessary, paving marking and signs. preparation of technical specifications and estimate of probable construction cost. Obtain plan approvals from all governmental agencies having jurisdiction. This proposal does not include traffic studies nor signalization plans. Task 2 - Lighting Design Design of street lighting along the median on N.E. 188th Street, coordination of service point with Florida Power and Light and technical specifications. The City of Aventura will decide type and manufacturer of luminaries. Task 3 - Landscaping Design The City of Aventura asked to use the services of O'Leary Design Associates, P.A. as landscaping consultant. ODA will prepare detailed landscape and irrigation plans with technical specification, to include illuminated street signs, and prepare a Statement of Probable Construction Cost. ODA services will include bidding and construction phase tasks. Task 4 - Surveying Sytems Surveying and mapping services will include horizontal and vertical survey control, location of all visible surface improvements, determination of street right-of-way, elevation at 100 ft. intervals and any major changes in grade. 2601 SOUTH BAYSHORE DRIVE. 10TH FLOOR. MIAMI, FL 33133 . USA. 1-305.859-2050. FAX 1-305-859-9638 www.bamlaml.com AACIlD0412. EBIlD063114 LCOOD0261olBOllll1l810 City of Aventura Mr. Antonio F. Tomei July 9, 2001 Page 2 Task 5 - Geotechnical Services Provide geotechnical services for percolation tests and soil information. Task 6 - Bidding Phase Assist the City in the bidding process, attend pre-bid conference, respond to bidder inquiries, review competition bids and make recommendations to the City. Task 7 - Construction Phase Perform periodic observations of the construction work, attend construction meetings as requested by the City and review of shop drawings. Attached, please find proposed fee schedule and estimated timetable. Thank you for the opportunity to submit our proposal to the City of Aventure. Should you have any questions, call us at your earliest convenience. 7. cerely, I C &" \... / Julio Grave de Peralta Director of Engineering 2=- WORK AUTHORIZATION NO. BA-001 The City of Aventura has requested Work Authorization No. BA-001 as provided for in the agreement between the City of Aventura and Bermello, Ajamil & Partners. Inc. and approved by the City Commission on June 5, 2001. This Work Authorization No. SA-OO 1 provides for technical services in accordance with the agreement as further detailed in the scope of services; exhibit D - Phase II Work Authorization. Payment for such services shall be in accordance with Article 1.8 - "Compensation for Additional Services" of the agreement. DeSign Phase Civil Design $27,300.00 Permitting $ 3,600.00 Total Design Phase $30.900.00 Bidding Phase $ 2.000.00 Construction Phase $ 8.800.00 Project Management $ 4.100.00 Subconsultants (Reimbursable) Surveying services $10,200.00 Geotechnical Services $ 4.700.00 Lighting Design $ 2,500.00 landscaping Design $32.500.00 Total Subconsullanls $49.900.00 Reimbursable Expenses Subsurface Utility Location Services $ 6,500.00 Reproductions $ 2,500.00 Miscellaneous Expenses $ 1.500.00 Total Reimbursable expenses Total Estimated Labor Expenses Total Reimbursable Expenses $10.500.00 $45,800.00 $60,400.00 TIMETABLE Preliminary design Phase Final Construction Plans Permitting Phase Construction Phase 60 Days 90 Days 60 Days 180 Days ATTEST BY City Clerk Teresa M. Soroka. CMC. AAE APPROVED AS TO FORM BY - City Attorney Weiss Serota & Helfman, PA CITY: CITY OF AVENTURA, FLORIDA through its City Manager BY City Manager Eric M. Soroka day of ,200Y' Notice to Proceed Yes _No Project Initiation Date RECOMMENDED through its Capital Projects Manager C2-..r.... ...;? "f \ j ~ Capital Project Manager BY Antonio F. Tomei :2 '7 day of c2 ?:!t, 2000 CITY OF A VENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM FROM: Eric M. Soroka, City ommunity serv~ TO: City Commission BY: Robert M. Sherma DATE: July 30,2001 SUBJECT: Resolution Authorizing the City Manager to Executive the Attached Work Authorization No. 01-0103-004 with Craven Thompson & Associates for the Biscayne Lake Gardens/Hospital District Drainage Study in the Amount of $80,000 August 7, 2001 Commission Meeting Agenda Item ~ e-, Recommendation It is recommended that the City Commission adopt the attached Resolution authorizing the City Manager to execute the attached Work Authorization with Craven Thompson & Associates to perform a drainage study of the Biscayne Lake Gardens area and Hospital District for $80,000. Backaround This study is 100% funded by a grant from the State Emergency Preparedness Assistance Trust Fund. This study will analyze the existing infrastructure and appropriate data to develop a methodology to reduce flooding in these two areas, and also determine sanitary sewer capabilities for septic tanks to be connected to sanitary sewers. The existing stormwater system will be evaluated and models will be prepared to determine the capacity of new drainage systems. This study will also evaluate existing sanitary sewer capacities and the feasibility of connecting septic tanks to the existing sanitary sewer system. This study will develop an action plan for implementing suggested improvements and include preliminary construction cost estimates. City Commission July 30, 2001 Page Two As the Biscayne Lake Gardens area is funded for new stormwater drainage next fiscal year, this study will substantially reduce the engineering cost typically paid by the City to perform this type of study. RMS/gf Attachments RMS01090 RESOLUTION NO. 2001-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED WORK AUTHORIZATION NO. 01-0103-004 FOR PROFESSIONAL ENGINEERING SERVICES TO PERFORM A DRAINAGE STUDY FOR THE BISCAYNE LAKE GARDENS AND HOSPITAL DISTRICT AREAS BY AND BETWEEN THE CITY OF AVENTURA AND CRAVEN THOMPSON & ASSOCIATES FOR THE AMOUNT OF $80,000; 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 to execute the attached Work Authorization No. 01-0103-04 from Craven Thompson & Associates to perform a drainage study in the amount of $80,000. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow Resolution No. 2001-_ Page 2 PASSED AND ADOPTED this ih day of August, 2001. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY WORK AUTHORIZATION NO. 01-0103-004 The City of Aventura has requested Work authorization No. 01-103-004 as provided for in the Agreement between the City of A ventura and Craven Thompson and Associates, Inc. and approved by the City Commission on July 3, 2001. This Work Authorization No. 01-103-004 provides for technical services in accordance with Articles 3, 4, 6, 7 and 8 of the Agreement as further detailed in the scope of services in Exhibit A. Payment for such services shall be in accordance with Article 5 of the Agreement. Studv Phase Civil Engineering and Surveying Services Total Study Phase $79,000.00 $79,000.00 Reimbursable Expenses Printing, Graphics, Communications, Couriers, Express Mail, Etc. $1,000.00 Total Reimbursable Expenses $1,000.00 Total Estimated Labor Expenses are Total Estimated Reimbursable Expenses are $79,000.00 $1,000.00 The time period for this work authorization will be: Study Phase Report Phase 120 Days 45 Days CITY: ATTEST CITY OF A VENTURA, FLORIDA through its City Manager BY BY City Clerk City Manager Teresa M. Soroka. CMC Eric M. Soroka day of ,2001 APPROVED AS TO FORM BY Notice to Proceed Yes No City Attorney Weiss Serota & Helfman, P.A. Project Initiation Date RECOMMENDED thr gh its Di r offommunit ervices BY . kA Wi . Director of Community Services Robert M. Sherman. CPRP ~ day of] c...{y, 2001 Exhibit A Consultant shall perform an engineering study for the Biscayne Lake Gardens and Hospital District. The study will be performed in accordance with the State Funded Grant Agreement Number 02CP-l 0-11-23-02-1 04 and will assist in the development of a methodology to reduce flooding in these two Districts. Specifically, we shall perform the following tasks: . Visit the study area to visually observe existing drainage patterns, existing drainage systems, land uses and the overall composition of the area. . Obtain survey data as necessary to evaluate the existing drainage patterns and to assist in the performance ofthe study. . Research existing documents to obtain pertinent data on the existing drainage systems and to assist in compiling an inventory of existing drainage infrastructure and its condition. . Prepare an inventory of existing drainage infrastructure and its condition. . Research existing data on septic tanks and sewer systems in the study area. . Perform drainage calculations and stormwater modeling to access the capacity of the existing drainage systems and to identil)- problem areas. . Prepare recommendations for improving problem areas for the drainage system. . Evaluate existing sewer system and identil)- areas currently using septic tanks. . Evaluate feasibility of connecting septic tanks to the existing sewer system. . Prepare a conceptual plan for redevelopment of the sewer and drainage systems to alleviate hazards. . Develop an action plan for implementing suggested improvements. Upon completion of the research and study, Consultant shall present the results in a written report to the City. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: TO: City Commission DATE: July 27,2001 SUBJECT: Resolution Declaring Equipment Surplus August 7, 2001 City Commission Meeting Agenda Item to - j) RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution declaring certain property in the Police Department as surplus to the needs of the City. If you have any questions, please feel free to contact me. EMS/aca Attachment CC0972-01 CITY OF A VENTURA POLICE DEPARTMENT TO: FROM: DATE: 26 June 2001 SUBJECT: Surplus Property I would like to have the below listed items, owned by the City of Aventura, declared Surplus Property as per City of Aventura APDP, Chapter 6, Subsection 5, Page 1, as these items have become inadequate for public purposes: K9 Ajax This K9, assigned to Officer Pegues, has been in service since November 1997. At this time the K9 has medical problems that would limit his continuing service to the agency. Furniture with Asset Number (asset sheet attached) Asset # 0568: 1 set of lockers. The City did not purchase these lockers, they were donated. Asset # 0564: Modular desk equipment used for the Communications section in the previous leased office space. This equipment was purchased approximately 4 % to 5 years ago and the purchase price was $2,279.22. Furniture without Asset Number 8 miscellaneous desk chairs, unknown when purchased, or current value. The initial cost of the chairs was not over $200.00 each. 10 chairs with fold down desktop, purchased in approximately 1997, current value unknown. Gym Equipment (Asset sheet attached) Asset # 0319 through 0322: This equipment was purchased in approximately 1997 for use by Police Department employees while the PD was in the leased office space. Since then the PD has moved into the new facility and there is no room for this equipment. The equipment consists of: *"0319: 5 foot dumbbell rack with 5 to 50 Lb dumbbells;M"0320: Bandit three stack w/leg adaption;" 0321: Multi-angle Olympic bench;l1'0322: 300 Lb Olympic set ..,.., '" '" ~~ ~ g-^-1 :e.~ d ~ g-a I'" :;; wo..j\3 ~ Co (J) rm.g "'''-0 r3~o 0-'- :::l. ofi5~-o ~%22~ o I CD ~ 5i @ w:g tIl .-+ ~. N III Qo ~W(tl~(C m-'oQ g.s:g~3 ::::J 0 A (fJ 3 g.()c([) (Jl 0 6} .-+ -<m()~ . '" 0 ~ :E::' ffibcOm - () a co :E ^ 3 :a. to-()3W a Q CD 3 ~ ~...... ~~~o _"'<0 ~::;:;~ Q) =::::J N '" '" CD"'Ucr"'U - CD S. c wQ.rn!:! 3 ~ fi? o. S" ...... 3 CJ) Cl) 9l. _. Q) ~~I~m () ~ ~af-< :>J"'", ..,ro '" ~ cn~.o:lER @:::JOm o' ~ ~ w =>SO:!1CO ro~ II-I OO~Q) WW(J)~ O'l~(j) ~~-ob r ,"'0 (') I 1 (fl 7' ::;::;mo ~~5.Q OO-o~([l (j)(j)'" '" ",:J :::t ::J. CD CD <D.--:" en en '" rr:J '" '" 0- rom ~~ :!!~ "'" .l..l. 00 i1 i1 '7 '7 ."." 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'" '" "'''' "'- 0 0 00 . 0 0 ... 0 0 00 0 '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" ~ ~ ~ ~ ~ ~ '" '" '" '" '" ex> <0 <0 <0 <0 <0 <0 .... .... .... -.J .... .... <Xl <Xl <Xl <Xl <Xl <Xl " " " " " " :J :J :J :J :J :J "- "- "- "- g; g; '" '" '" '" :z; :z; :z; :z;:z; :z; C1l C1l C1l C1l C1l C1l 0 0 ~~~~ ~ ~ '" '" Co Co Co Co 0 0 000 0 , in u,u,u, in '" '" '" <!) <!) '" '" 0 00 0 00 0, en en 0, en en 0, 0, en 0, en en 00 0 0 0 0 men 0, 0, 0, 0, '" '" '" '" '" '" 0 0 0 00 0 ex> ex> ex> ex> ex> ex> RESOLUTION NO. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager desires to declare certain property as surplus to the needs of the City; and WHEREAS, Ordinance No. 2000-09 provides that all City-owned property that has been declared surplus cannot be disposed of prior to the preparation and formal approval of a resolution by the City Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals Adopted. The above recitals are hereby confirmed and adopted herein. Section 2. The property listed on Exhibit "A" has been declared surplus and is hereby approved for disposal. Section 3. The City Manager is authorized to dispose of the property listed on Exhibit "A" through a public auction, sale or trade-in. Section 4. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Resolution No. 2001-_ Page 2 Section 5. 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 Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow PASSED AND ADOPTED this 7'h day of August, 2001. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EXHmlT "A" Estimated Item Value Asset # Set of Lockers N/A* 0568 K-9 Ajax N/A N/A Modular Desk Equipment for Communications $500.00 0564 8 Miscellaneous Desk Chairs $25.00 N/A 10 Chairs with fold down desktop $10.00 N/A Gym Equipment $100.00 319-322 * Donated to the Police Department CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: City Commission r4= // Eric M. Soroka, Cit _ an e July 27, 2001 TO: DATE: SUBJECT: Disbursement of Police Forfeiture Funds August 7, 2001 City Commission Meeting Agenda Item {p ~ E RECOMMENDATION It is recommended that the City Commission adopt the following Motion to Expend Funds from the Police Forfeiture Fund: "Motion authorizing the appropriation of up to $35,000 for Dictaphone equipment, software program for subject and tag checks, and crime prevention activities from the Police Forfeiture Fund in accordance with the City Manager's memorandum" . BACKGROUND As per the attached Staff Report, the Police Chief has requested approval to appropriate Police Forfeiture Funds as follows: 1. Dictaphone machine for Communications $17,000 2. Software for subject and tag checks $12,000 3. Crime Prevention Activities and Equipment $6,000 If you have any questions, please feel free to contact me. EMS/ace Attachment CC0977 -01 CITY OF AVENTURA POLICE DEPARTMENT FROM: TO: DATE: 23 July 2001 SUBJECT: Use of Forfeiture Funds Florida State Statute 932.704 requires that money resulting from forfeitures be maintained in a special law enforcement trust fund, and that the funds be expended only upon request of the Chief of Police to the governing body of the municipality and approval of the governing body. I am requesting City Commission approval for the expenditure of: $17,000 to purchase a new Dictaphone machine for Communications $12,000 to purchase a new software program for subject and tag checks $6,000.00 to purchase supplies for Crime Prevention Total Expenditure Request: $35,000.00 I certify that this requested expenditure complies with Florida State Statute 932.704 in that: 1. Funds will be used for an appropriate law enforcement purpose. 2. Funds are !!2! being used as a normal source of revenue for the Police Department. 3. Funds were not considered in the adoption and approval of the budget of the Police Department. Dictaphone: The new Dictaphone is a state of the art recording system which operates off of CDs and allows us to e-mail recordings through our current inter- office e-mail system. It provided us with additional channels to record our new radio system. The system is user friendly and individual playback recorders were installed at each dispatcher workstation for instant play back of phone calls or radio transmissions. Software: Purchased from Advanced Public Safety and is an add on program to an already existing MDT program. The new software will automatically run additional information by simply inputting vehicle tag information. The program also has a digital voice that relays the information to the officer. Crime Prevention Supplies: Safety devices and giveaways for Health & Fitness Expo and other displays throughout the year. I Thomas Ribel - Give aways Page 1[ From: To: Date: Subject: Ernest Long Steve Seefchak 7/20/013:58PM Give aways Lt. 1000 Change Purses with key ring 1.04 ea 1000 Nickle pull apart key tag 1.18 ea 1000 Squeeze Water Bottle 1.52 ea 1000 Reflective Wristbands 1.2gea 1 000 Safe T Feet Reflective Stickers $1040.00 $1180.00 $1520.00 $1290.00 $550.00 $5580.00 Also if possible we need some table covers with the department logo on them for community presentations. 350.00 each Grand total $6280.00 If it comes down to a choice I really want the reflective items first. CITY OF AVENTURA FINANCE SUPPORT SERVICES DEPARTMENT MEMORANDUM BY: City Commission f . '. Eric M. Soroka, Cit~H ~i1gore, Finan~s~port Services Director July 31, 2001 TO: FROM: DATE: SUBJECT: Resolution Approving the Restructuring of the Debt Service Reserve Fund for the Florida Municipal Loan Council. August 7,2001 City Commission meeting Agenda Item ~ Recommendation It is recommended that the City Commission adopt the attached resolution whereby the City approves the restructuring of the Debt Service Reserve Fund for the Florida Municipal Loan Council. Background The City borrowed $21 million from the Council in 1999 in conjunction with the Government Center Project. The Florida Municipal Loan Council (the Council), a pooled financing arrangement sponsored by the Florida League of Cities, has requested that the City adopt this resolution. I have reviewed the documents and find that passage of the resolution will have no negative impact on the City. In fact, should the City find it beneficial to borrow from the Florida Municipal Loan Council in the future, the establishment of one Debt Service Reserve Fund to cover all debt of the Council should result in somewhat lower rates on Florida Municipal Loan Council loans to the City. Based on the foregoing, I recommend approval of the resolution HMKlmn RESOLUTION NO. 2001-_ A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE RESTRUCTURING OF THE RESERVE FUND SECURING THE FLORIDA MUNICIPAL LOAN COUNCIL REVENUE BONDS, SERIES 1999Ai DELEGATING THE AUTHORITY TO THE CITY MANAGER OR HIS DESIGNEE TO APPROVE ANY NECESSARY AMENDMENTS TO THE LOAN AGREEMENT; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, participating governmental units have created the Florida Municipal Loan Council (the "Council") pursuant to a certain Interlocal Agreement and pursuant to Chapter 163, Part I, Florida Statutes, for the purpose of issuing its bonds to make loans to participating governmental units for qualified projects; and WHEREAS, the Council has issued its Revenue Bonds, Series 1999A, Revenue Bonds, Series 1999B, Revenue Bonds, Series 2000A, and Revenue Bonds, Series 2000B, each secured by a separate reserve fund; and WHEREAS, the City of Aventura, Florida (the "Borrower") has previously borrowed $21,000,000.00 from the Council pursuant to a Loan Agreement dated the 1st day of April, 1999 (the "Loan"); and WHEREAS, the Borrower and the Council desire to restructure the Reserve Fund securing the Loan to provide for a single reserve fund securing one or more series of bonds; and WHEREAS, the rating agencies believe that the probability that defaults will exceed the funding of a debt service reserve fund decreases as the number of borrowers covered by a common reserve fund increases, assuming all other variables are equal; and Resolution No. 2001-_ Page 2 WHEREAS, it is determined to be in the best interest of the Borrower to approve the restructuring of the Reserve Fund to improve the credit strength of the Council's revenue bond program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1: AUTHORITY. This Resolution is adopted pursuant to Chapter 166, Florida Statutes, and other applicable provisions of law. Section 2: APPROVAL OF RESTRUCTURING. The Borrower hereby approves the restructuring of the Reserve Fund by the Florida Municipal Loan Council to provide for a common reserve fund. Section 3: DELEGATION OF AUTHORITY. The Borrower hereby authorizes the City Manager or his designee to approve any necessary amendments to the Loan Agreement between the Borrower and the Council dated the 1st day of April, 1999 to effect the restructuring of the Reserve Fund. Such amendments may include, but not limited to, the amending of the definition of "Surety Bond Provider". Section 4: AUTHORIZED OFFICERS. The City Manager, the City Clerk, the Finance Support Services Director or any other appropriate officers of the Borrower are hereby authorized and directed to execute any and all certifications or other instruments or documents required by this Resolution or any other document required by the Council to effect the restructuring of the Reserve Fund, and any such representations and agreements made therein shall be deemed to be made on behalf of the Borrower. All action taken to date by the officers of the Borrower in connection herewith is hereby approved, confirmed and ratified. 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 Harry Holzberg Commissioner Manny Grossman Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow Resolution No. 2001-_ Page 3 PASSED AND ADOPTED this 7th day of August, 2001. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: SUBJECT: Eric M. Soroka, City nage Brenda Kelley, Commu ity D velopment DirM July 30, 2001 . TO: City Commission FROM: BY: Request of Aventura Land Holding II, Ltd. for Final Plat Approval The Peninsula Condominium (07 -SUB-01) NE 183 Street at NE 31 Avenue August 7, 2001 City Commission Meeting Agenda Item (0 G RECOMMENDATION It is recommended that the City Commission approve the "Peninsula" Final Plat. THE REQUEST The applicant, Aventura Land Holding II, Ltd., is requesting Final Plat approval of the subject property with the intent of constructing two 290-foot high condominium buildings sharing a common ground-level parking structure and lobby, with a total of 445 units on Tract B and dedicating a 2.0 acre parcel for public purposes fronting on NE 31 Avenue designated as Tract A. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY LOCATION OF PROPERTY Aventura Land Holding II, Ltd. 3201 NE 183 Street (see Exhibit #2 for Location Map and Exhibit #3 for Aerial Photograph) SIZE OF PROPERTY Approximately 13.26 acres LEGAL DESCRIPTION Tract C of Atlas Terminal Apartments according to the plat thereof recorded in Plat Book 147 at Page 67 of the Public Records of Miami-Dade County, Florida (See Exhibit #4 for Atlas Terminal Apartments Plat) THE PROJECT The applicant is proposing to construct two residential condominium towers on this site. These towers will be 290 feet high, joined at the ground level by a common parking structure and lobby and will contain 445 units. The applicant has also laid out a 2.0 acre parcel in the westerly portion of the property which is to be dedicated for public purposes. ANALYSIS Site Plan - A site plan for the residential condominium was administratively approved by the City on January 4, 2000. This approval was administratively extended to January 4, 2002. Building permits must be obtained prior to expiration of this period. Prior to receiving site plan approval, City Commission granted a variance to permit construction of a sales office which is currently erected and in use on site. This sales office is accessed by way of a temporary access road which the applicant is to close and relocate to the east to correspond with the access indicated on the approved site plan. Tentative Plat - The tentative plat for this property was given administrative approval by the City on June 19, 2001 and by the Miami-Dade County Plat Committee on July 13, 2001. The tentative plat approval by the County was given with the condition, among others, that School Board and Shoreline Review Committee approvals are required prior to final plat review by the County. Zoning - The site is zoned RMF4, Medium High Density Residential District, according to the City of Aventura Zoning Map. A residential condominium is a permitted use within this district. Development of the site will comply with the Vested Rights Determination Agreement between the City and the applicant dated December 15, 1999 and its amendments dated October 24,2000, May 15, 2001 and July 6, 2001. Future Land Use Designation - The adopted City of Aventura Comprehensive Plan designates the site as Medium High Density Residential. Access _ The site is bounded by NE 31 Avenue to the west and NE 183 Street from the south. Access to Tract B will be by way of NE 183 Street. The plat prohibits access to Tract B from NE 31 Avenue. The public purpose parcel, Tract A, may be accessed from NE 31 Avenue. 2 Fortin, Leavy, Skiles, Inc. Consulting Engineers, Surveyors & Mapper. 180 Northeast 168th Street North Miami Beach, Florida 33162-3412 Phone 305-653-4493 Fax 305-651.7152 Carl L. Skiles, PE President Daniel C. Fortin, PSM Vice President James W. Leavy, PSM Sec.rrreasurer RECEIVED June 27,2001 II ~\ i 9 ",; Ji...Ii I ''''' : Ms. Brenda Kelley Director of Community Development City of Aventura 19200 West Country Club Drive Aventura, FL 33180 COMMUNITY DEVELOP .MENT Vl.5U60\ Re: Final Plat for The Peninsula Tract C of Atlas Terminal Apartments Dear Ms. Kelley: Pursuant to your departmental rules and regulations, this letter will serve as our letter of intent in conjunction with the above-styled final plat being filed herewith. The plat was prepared was prepared by the consulting engineering firm of Fortin, Leavy, Skiles, Inc. and represents total conformity with the administrative site plan approvals of l8-SP-99 issued January 4, 2000. Please do not hesitate to call us if additional information is required. We look fOIWard to your favorable review and analysis of this plat. 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"Ii 'llJ h I"- ...., ;I 1 ~ J. II I 1 ~ ~ ~Q~ l a:1ll~ ~~!! a -1k9>- Lu~'" '4' 0 L'IC~ 1 _...~'1r.>- r-'Cj:: --------r; "W'~01-Q. I,/) 0 I ~ 0""''''/1 CI) ~ ~ ,,_ _&\= '0, ~~Q ~rV-:: I ~~~__Jl --~- --~~ !,It ~~1U il ~ u.b iS~ ~"" I' -;f g: . !~ ..~....~ Ii ~ t; I,/) ...oS'..t... i' @ ~ ~~ ~ ~ ~ 'IC~ I A I "I "I 11 ! ,~ I ----lit I~I i ! I lwl ~ It;! j~1 i F !tit " ,~ ----1 L. I~ L.._' 1'1 1~1 I', I~L --'If id,.tr...... I'I~--~ I~I ! '~' ~. , &l a i~ ~: ,'I G , " ~ w c . ~ ~ w" z" 00 zo om ~~ O. w~ oo~ ,I ,I @ I~! _.,i.ll ./: Il I ,,~ I ;, ~~ rn @: , u . ~ IIII~ W:c: <lO:-lZ ~~~ ....:;(0 M b:1-~ ~oio~ .. <O~ ~O..,CI ~ Z S~~~ ~ ~~~~ I I . j I ! i I I , I j i j j 1::.xHi~iT #4 07-~U~-01 RESOLUTION NO. 2001-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING THE "PENINSULA" PLAT, BEING A REPLAT OF A PORTION OF TRACT C OF ATLAS TERMINAL APARTMENTS, PLAT BOOK 147, PAGE 67, CITY OF AVENTURA, MIAMI- DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, Aventura Land Holding II, Ltd., by and through Application No. 07-SUB-01, has requested Final Plat approval for "Peninsula", being a replat of a portion of Tract C of Atlas Terminal Apartments, Plat Book 147, Page 67, City of Aventura, Miami-Dade County, Florida, the Final Plat being incorporated herein by reference and made a part of this Resolution as Exhibit #1; and WHEREAS, the City Commission heard, reviewed and duly considered the reports, findings and recommendations of the City Administration, and finds that the Final Plat approval is in the best interests of the citizens of the City of Aventura. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The Final Plat approval for "Peninsula", more particularly described as: Tract C of Atlas Terminal Apartments according to the plat thereof recorded in Plat Book 174, Page 67, of the Public Records of Miami-Dade County, Florida, less and except the right of way of NE 31 Avenue per City of Aventura Resolution No. 98-59 is hereby granted exclusively to the Applicant. Resolution No. 2001-_ Page 2 Section 2. The City Manager and City Clerk are hereby authorized to sign the face of the Plat. Section 3. This Resolution shall be recorded in the Public Records of Miami- Dade County, Florida, with the petitioner to pay the costs thereof. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by 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 Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow PASSED AND ADOPTED this 7th day of August, 2001. JEFFREY M. PERLOW, 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 August, 2001. CITY CLERK CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM DATE: July 30, 2001 TO: City Commission FROM: Eric M. Soroka, City BY: Brenda Kelley, Com' SUBJECT: Request of Beit Yaacov, Inc. for Extension of Final Plat Approval Beit Edmond J. Safra Synagogue (07 -SUB-OO) 19275 Mystic Point Drive August 7, 2001 City Commission Meeting Agenda Item II RECOMMENDATION It is recommended that the City Commission approve an extension of time from July 11, 2001 to January 11, 2002 to record the "Beit Edmond J. Safra Synagogue" Final Plat. THE REQUEST The applicant, Alan S. Rosenthal on behalf of Beit Yaacov, Inc., is requesting a six month extension of time to record the Final Plat for the subject property. The final plat was approved by the City Commission on July 11, 2000. Section 31- 78(i) of the City's Land Development Regulations requires that the owner either record the plat within twelve months of the date of approval or request from the City Commission one extension of no more than six months. (See Exhibit #1 for Letter of Intent) BACKGROUND OWNER OF PROPERTY Beit Yaccov Inc., a Florida Not for Profit Corporation LEGAL DESCRIPTION Mystic Pointe Drive (see Exhibit #2 for Location Map and Exhibit #3 for Aerial Map) Approximately 1.401 acres A portion of Tract EE, Fifth Addition, Biscayne Yacht and Country Club according to the plat recorded in Plat Book 99, Page 20 of the Public Records of Miami-Dade County, Florida and a portion of Tract 4 of North Biscayne Acres according to the Plat recorded in Plat Book 40, Page 99, of the Public Records of Miami-Dade County, Florida LOCATION OF PROPERTY SIZE OF PROPERTY DESCRIPTION The applicant is currently in the process of constructing a synagogue on this site located between Mystic Pointe Drive and the Intracoastal Waterway, below the William Lehman Causeway. The City Commission granted final plat approval by Resolution No. 2000-44 passed and adopted on July 11, 2000. (See Exhibit #4 for approved plat and Exhibit #5 for Resolution No. 2000-04) The applicant is requesting a six month extension of time, from July 11, 2001. to January 11, 2002, to record the plat. The applicant has satisfied final plat conditions of Miami-Dade County, however, there are minor technical modifications required by the County prior to recordation, those being relocation of permanent reference monuments and dimension verifications. These monument relocations are in progress, but have not yet been completed. The construction of the Synagogue is approximately 92% complete. A Temporary Certificate of Occupancy (TCO) has been requested and fire department approval for TCO has been granted. The TCO cannot be issued by the City until the plat is recorded. The site presently has an outstanding code violation for failure to remove the temporary trailer facilities. The applicant has stated that they can't remove the trailer facilities until they receive a TCO to allow use of the day chapel. The fines continue to accrue daily. 2 LAW OFFICES ~ ROSENTHAL ll' ROSENTHAL RASCO A~Pot~ASsocIItIoM IDlIAlU>O I. RASCO AlAN S. ROSEN1liAL KERRY E. ROSENTHAl. STACI H. GENU JESSICA B.l.ASSMAN HUTHEI\A. SCOTT June 28, 2001 FACSIMILE NUMBER: 305- 466-3277 Ms. Joanne Carr CITY OF A VENTURA 2999 N. E. 191" Street Suite 500 Aventura, F]orida 33180 OF (OVNSEl. JIU R. GINSBERG JEROME S. HOLLO JORGE LUIS WOLF Re: Beit Edmond J. Safra Synagogue Final Plat Approval Case File Number: 07-SOO-00 Dear Joanne: Thank you for your letter of June 27, 2001. I had assumed that this Plat had already been recorded in that I provided Tony Toledo at Dade County Planning Development Regulation the original Opinion of Title on August 2],2000, and was advised that he had aU of the necessary documentation, including the funds necessary to process the platting and recording. I am enclosing a copy of thatlett.er herewith. I have called Dan Fortin at Fortin Leavy Skiles to ascertain the status of the Plat, and will contact you as soon as I receive the cunent status infonnation. In the interim, please accept this letter as a request under your Code provisions to extend the recording time for the Plat for an additional six (6) months from July 11, 200] through January II, 2002. Should you require any other documentation to effectuate the request, or its granting, please contact me, and thanking you for your courtesy and cooperation herein I remain, Cordially, BY ------ - "/ ASR:cw cc: Mr. Ivor Braka; Facsimile Number: 1- 12-244-6651 Fortin, Leavy, Skiles; Facsimile Number: 305- 651-7152 Mr. Rick Pitchman; Facsimile Number: 305- 89]-2956 Turnberry Plaza. Suit 305.9n.o3o 07-SU~-OO I=XHI~iT #1 .W'tltura, FIotld2 :),] 80 fiC(.':;@aol.COffl 07-SUI::5-00 I=XHil::5iT #3 ../ // ./- ./-- ~.- -t-1..\ll..\'.\\1l ---- ,I).... -,.. t~-~ ~..~- \ -- .. ~~ \ ~... .. ii' \ .1'> .\\ . \ , , .- ...-~ \ i.\\\~ " i" \ \'t> ~ \ ~~ \ "\~ \, \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ I \ I \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ I \ \ \ \ ---------~~------ I ~~ " . .~ ~ as ..: ~ Il ~ Ii lU ~ . :::l2 ~ ~~~ti 0''';:; ~~~~ '((<lIll!! ~I~~~ (J)~i~~ ~~~w~ ~i!h& -).~~li! 6 ",,( ~~ll ~~!~. ~~~;~ Cl:~;~ lU!"" !::~~~ lUi~~ r:o ~ . . ~ i . I ~tlt qfl . III lenl ~Iml ~I=i I ,./' ..IfMtllI.I..,."" .............:. __ _ . Y1SWOOYII.l.NI ~d~":"-- ...",- ""=' - ' _::.~: :."'": <I~:-",~__-,oo~"f(~ \:Ib ",):'::i:i, --. I I ~I _, _ 8../> I " ,.''" _" :111' <c ~ n,'l;?-I"' " 15" .!n II = !lU!ll" ~ : ~,~ "I ~n -(I a' I 'f li'-~ i I! li1p I · I , 1 I , , , I 1 ~ : <03: I ~w I- : OOw ' o=> W ?( : z<3a: 3:~ : I . 001- :5ci ,'I ~_ oz"'O- i O<(~ 0 ~; :0" """ z 0:0 1'" a: ..-- r~ It I N -,m I-II WO)< " W 1"- a:a; . I II I- ~ wO" i r ~~f I' s: ""t"::i 1 1 ./- I- I ! I I 'j:all 1",1 . . 211 I' ! :a" .,1 . . ;11 I' ! 'I ~ ill .: G ': ~~ I ::1. II ... ~Ii I' e 'I '" ~ 1 I I , ~-I--- -j---1 , .1, I . I .',1 1 0' 1 =11 ' 'f : c I 1 . , r. , li \ ~~... , \ , , , \ \ \ , l ~ . ,..._- ... I 1-1- : de 1 I" I:;': , ~II ! "I' t-~ J I -I : · Iii I ... 1 Ii :i5 i II !~I : iiI I!! \ I~~ Ii; .< ~ J'l II r-~ ~f 31\1\:10 31N10d Q\J.S^vt i6 3'Jllo fJ~^$ ~~ ~ tJ~\:Il ,'" ilJll"""'" 07-SUtl-OO I::XHitliT #4 RESOLUTION NO. 2000-44 A RESOLUTION OF THE CITY COMMISSION OF TH~ CITY OF AVENTURA, FLORIDA APPROVING A FINAL PLAT OF BElT EDMOND J. SAFRA SYNAGOGUE LYING IN THE NW '14 OF SECTION 2, TOWNSHIP 52 SOUTH, RANGE 42 EAST CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR RECORDATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, Beit Yaacov, Inc., a Florida Not for Profit Corporation, by and through Application No. 07 -SUB-OO, has requested Final Plat approval of Beit Edmond J. Safra Synagogue lying in the NW Y4 of Section 2, Township 52 South, Range 42 East City of Aventura, Miami-Dade County, Florida, the Final Plat being incorporated herein by reference and made a part of this Resolution as Exhibit #1; and WHEREAS, the City Commission heard, reviewed and duly. considered the reports, findings and recommendations of the City Administration, and finds that Final Plat approval is in the best interests of the citizens of the City of Aventura. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The Final Plat approval of Beit Edmond J. Safra Synagogue lying in the NW Y4 of Section 2, Township 52 South, Range 42 East, City of Aventura, Miami- Dade County, Florida as more particularly described as: 07-SU~-OO I=XHi~iT #5 Resolution No. 2000-44 Page 2 A PORTION OF TRACT EE OF "FIFTH ADDITION BISCAYNE YACHT & COUNTRY CLUB" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 99 AT PAGE 20 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. AND A PORTION OF TRACT "4" OF "NORTH BISCAYNE ACRES" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 40 AT PAGE 99 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. is hereby granted exclusively to the Applicant. Section 2. The City Manager and City Clerk are hereby authorized to sign the face of the Plat. Section 3. This Resolution shall be recorded in the Public Records of Miami- Dade County, Florida, with the petitioner to pay the costs thereof. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Rogers-Libert, who moved its adoption. The motion was seconded by Commissioner Holzberg, 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 Patricia Rogers-Libert Vice Mayor Jeffrey M. Perlow Mayor Arthur I. Snyder yes yes absent yes yes yes yes Resolution No. 2000- 44 Page 3 PASSED AND ADOPTED this 11th day of July, 2000. ATTEST: APPROVED AS TO LEGAL SUFFICIENCY: ~~ CITY ATTORNEY This Resolution was filed 'n the Office of the City Clerk this L day of July, 2000. I (i '\ , I I ?!jf CLERK RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AN EXTENSION OF TIME TO RECORD THE "BElT EDMOND J. SAFRA SYNAGOGUE" FINAL PLAT, LYING IN THE NW % OF SECTION 2, TOWNSHIP 52 SOUTH, RANGE 42 EAST, CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Beit Yaacov Inc., a Florida Not for Profit Corporation, by and through Application No. 07-SUB-00 received final plat approval by Resolution No. 2000-44 passed and adopted by the City Commission on July 11, 2000; and WHEREAS, Section 31-78(i) of the City's Land Development Regulations requires that the owner either record the plat within twelve months of the date of approval or request from the City Commission, one extension of final plat approval of no more than six months; and WHEREAS, the final plat has not been recorded and the owner has, prior to expiration, requested an extension of the approval for six months in order to complete the recordation; and WHEREAS, the City Commission heard, reviewed and duly considered the reports, findings and recommendations of the City Administration, and finds that the Final Plat approval is in the best interests of the citizens of the City of Aventura. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Resolution No. 2001-_ Page 2 Section 1. The Final Plat approval for Beit Edmond J. Safra Synagogue lying in the NW y.. of Section 2, Township 52 South, Range 42 East, City of Aventura, Maimi- Dade County, Florida, more particularly described as: A portion of Tract EE of "Fifth Addition, Biscayne Yacht & Country Club", according to the plat thereof as recorded in Plat Book 99 at Page 20 of the Public Records of Dade County, Florida and A portion of Tract "4" of "North Biscayne Acres" according to the Plat thereof as recorded in Plat Book 40 at Page 99 of the Public Records of Dade County, is hereby extended from July 11, 2001 to January 11, 2002. Section 2. 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 Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow Resolution No. 2001-_ Page 3 PASSED AND ADOPTED this 7'h day of August, 2001. JEFFREY M. PERLOW, 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 August, 2001. CITY CLERK ~~":"':"":-:-~__-=:'_" ....... "w~_~ 10-# FORTIN , LEAVY, SKILES, INC. CONSULTING ENGINEERS, SURVEYORS &: MAPPERS 180 N.E. 168TK STREET NORl"H MIAMI BEACH, FL 33162 PHONE: (30S) 653-4493 FAX: P05} 651-7152 E-Mail Address-flS@bellsouth.net RECEIVED !,UG 0 7 20m COMMUNflY DEVELOPMENT FACSIMILE TRANSMITTAL SHEET TO: Brenda Kelley COMPANY: City Of Aventura FAX NUMBER: 305-466-8949 PHONE NUMllER: 305466-8940 COPIES TO: Alan S. Rosenthal FROM: Daniel C. FoninJr. DATE: 6/19/01 9:33 AM TOTAL NO. OF PAGES INCL. COVER: 1 REFERENCE: Beit Edmond J. Safra Synagogue JOB NUMBER: 010398 DURGENT 0 FOR REVIEW 0 PLEASE COMMENT DPLEASEREPLY OAS REQUESTED NOTES/COMMENTS: Brenda, Per a conversation this morning with Tony Toledo ofMiaroi-Dade County, Public Works platting depanmem, The above referenced plat was recorded. The Plat will now be referred as Beit Edmond J. Safra Synagogue as recorded in Plat Book 157 at Page 79 of the Public Records of Miami-Dade County, Florida. We will get a copy of the final recorded plat next week and send you a copy at that time. Thanking you for your cooperation and civilty with this project. Sincerely, Daniel Fortin,Jr. K:\plats\Beit Edmond J.Safra Synagogue T-20690\to Brenda Kelley fax.doc ... gggg J N . ~ " . .... "'1/)""&';0 COt-................... :ga.O ~ I ....- - ("""''''' '" W M .... 0 :l ~ ... '" ... ~ "> 11. ... "- I- (,.> .. .. ! 0:: W ... c.. ~ c.: "" II ;;;) UJ .... z 0 :i: ~o-. j!!; .. '" U 0:: r;.l .1- '"'JnS co :x 0 w.o<<: 0 w '" - .... <.> :l I-~ cO Cl II) ~"a&&.l ;; 0::- 00....... 00:: ~ :;) ~'" .. I 11.:;) uO ~(ltC>~ '" 0 IilO I- % ~ '" lI!~ 0 ~...~~ ~ .. Uu .Z ~ '" .. B!olI ~ ~CCC:fi! w I !!!~ 0 ~ u -'l- e t:~gB ~ w l!;ON~ ~ c: I 0<<:- 1-:;) ~ - 4> .. i -::;) 00 ~g ~ ~ u::e: ; "'0 Ww I o~ 00 rI.l I li:c( . '),100 lISl1 s.H3OllO:l3ll , IL.Q .... ! ffi 0 ~ d 0 as ~ ~ ::2 III Cl .,. .. fo:I - .. e '" w .. Z ... ..." ~ ~ m ~ Zlll ~ i .. ~ w'" ~ IiII:l 0., I. g~ ~ $!I; !2 Uw ~~ ww " w ~~ i .... 11:"- i1i.. c.. ., 0: II U 1:00Q!l .a.a.d-NOJ~3S ~NILLV1d 'LQ'~LCSOC IY~ ~c:ot ~11 TO/LOrgO 1>l.61><:I~~ CITY OF AVENTURA FINANCE SUPPORT SERVICES DEPARTMENT MEMORANDUM FROM: BY: DATE: Eric M. Soroka, City ~-.~ Harry M. Kilgore, FI an port Services Director TO: City Commission August 1,2001 SUBJECT: Resolution Awarding Contract for Health Insurance for City Employees August 7, 2001 Agenda Item 6 - r Recommendation It is recommended that the City Commission adopt the attached resolution which awards a contract for employee health insurance. Backaround In August 1996, the City Commission, based upon the recommendation of City Staff and the City's Broker/Consultant for Employee Group Insurance programs, (Lloyd Rhodes of the Rhodes Insurance Group) adopted a resolution awarding a contract with UnitedHealthcare to provide health insurance for all full time City employees. Since that time, the City has renewed the contract with UnitedHealthcare on a year-to-year basis. For each year, the City's Broker/Consultant was able to negotiate rates which were acceptable based on overall trends in health insurance rates and the relative loss experience of our group. This year, the renewal rates proposed by UnitedHealthcare included a 55% increase above current rates. Our Broker/Consultant, Lloyd Rhodes of the Rhodes Insurance Group, worked with UnitedHealthcare to determine the logic for the high increase. He was advised that the increase was the result of a combination of factors. These factors included current year claims experience and projected future claims based on the current status of claims of our employees as well as general trends in health care costs. Since UnitedHealthcare was unwilling to significantly reduce their proposed increase, the decision was made to solicit proposals for health insurance. On July 24, 2001 proposals were received from: 1- UnitedHealthcare (four possible plans) 2- CIGNA (one plan) 3- Neighborhood Health (two possible plans) Page (2) Resolution awarding contract for Employee Health Insurance Mr. Rhodes performed a detailed analysis of all proposals and worked with City Staff to arrive at his recommendation. Although both CIGNA and Neighborhood Health proposed plans with lower premiums than UnitedHealthcare, neither offered the kind of savings which would justify changing carriers and the method of service delivery. The primary difference between UnitedHealthcare and virtually all other group insurance providers is their open access HMO. Under UnitedHealthcare's program, an employee or dependant does not need referrals from a primary care physician to see participating specialist and is free to change primary care physicians at any time without notice to UnitedHealthcare. They also have the largest and most inclusive network of providers. Based on the proposals received, there was agreement between Mr. Rhodes (our Broker/Consultant) and City Staff to continue with UnitedHealthcare. However, in order to reduce the amount of the current increase as well as future year costs, we compared our current plan to the others offered by UnitedHealthcare. We determined that the plan which offered the best combination of premium costs and benefits was their 400T plan. While the 400T plan would reduce benefits somewhat, the plan was more in accord with the current programs offered by most employers today. The three primary differences between our current POS 200 plan and the proposed POS 400T are: POS200 POS 400T Co-pay for Dr. visits $5 $10 Prescriptions $5 generic $8 generic; $13 or $18 for $5 plus difference between brand name generic and brand narne Hospital Deductible $100 per admission $250 per admission Mr. Rhodes analysis which is attached includes a more detailed analysis of all plans which were proposed. Based on the revised proposed rates for UnitedHealthcare's 400T plan, and current employee population, the total increase in yearly premiums would be approximately $156,000. If we followed the City's policy of the City paying 100% of the cost of employee only coverage and 70% of the cost of adding dependent coverage, the City cost would increase by approximately$138,000 and employee cost would increase by about $18,000. Page (3) Resolution awarding contract for Employee Health Insurance This would mean that the following changes would occur in employee bi-weekly contributions: Current Rates Before 9-1-01 Revised Rates for 4001 After 9-1-01 Employee Only Employee + Spouse Employee & Children Employee & Family -0- $28.32 $24.49 $51.27 -0- $36.86 $31.90 $66.78 Although this increase in employee contribution may seem minor, the increase occurring at the same time that benefits are being reduced would be a real morale buster for the City's employees. Therefore, the City Manger and I agreed that we would recommend that the City pay 100% of the increase in premiums. The value gained in employee morale by not hitting them with both an increase in their contributions and reduction in benefits far outweighs the $18,000 cost to the City. The increase in rates will require a change to the 2001/02 Budget at some point in the future. We had anticipated an increase in the 10% range when the budget was prepared. Revenues for 2000/01 are sufficiently over what was projected and will allow this change by using additional carryover as the funding source. Therefore, this change will have no significant impact on the 2001/02 and future budgets. Based on the foregoing, I recommend approval of the Resolution HMKlmn RESOLUTION NO. 2001-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA. AWARDING A CONTRACT FOR THE CITY'S GROUP HEALTH INSURANCE PROGRAM TO UNITEDHEAL THCARE FOR POS PLAN 400T; AUTHORIZING THE CITY MANAGER, ON BEHALF OF SAID CITY, TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Aventura has employees rendering valuable services; and WHEREAS. the City desires to maintain a Group Health Insurance Program which offers good benefits at an affordable cost to the City and its employees; and WHEREAS. the City has properly solicited and received requests for proposals for health insurance coverage for City employees; and WHEREAS, the City's Group Insurance Broker/Consultant has reviewed the various proposals and, along with City staff, recommends awards of contract to UnitedHealthcare for POS Plan 400T; and WHEREAS. the City Commission, upon the recommendation of City staff, desires to award contract to UnitedHealthcare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1: The contract for employee health insurance be awarded to UnitedHealthcare in accordance with the Request for Proposals submitted by said company. Section 2: The City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the parties embodying the terms, conditions, specifications as set forth in the subject invitation, specifications, proposal and requirements for employee health insurance. Section 3: The City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution. Resolution No. 2001-_ Page 2 Section 4: 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 Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow PASSED AND ADOPTED this 7th day of August, 2001. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY AUG-01-200l 11:57 AM 954 525 1248 P.02 ( . ".~~ ",.i.(.tf', ~ .'~, I,. .~~ ~ _'It, f '.:.,;..~,,~.,\ ir-"'\(\\ t.t'~m,,(-) f\ i. t'\',.! ~-,~ THE RHODES INSURANCE GROUP August 1, 2001 1219 E." La. 01.. Bowc:vaJ"d Fort La..derclale, Florida 33301 Telephone 954-524-5075 F.",;m;Ie 954-525-1248 Mr. Harry M. Kilgore, Dir. Finance/Support Services City Of Aventura 19200 West Country Club Drive Aventura, FL 33180 Re:City of Aventura Group Health Plan RFP # 01-07-24-2 Dear Harry, We have completed our review, analysis and negotiations in reference to the City's request for proposals for a group health plan. The RFP was sent to nine companies capable of providing group health benefits. Of these nine companies, three responded with proposals, United Healthcare, Neighborhood Health Plan and CIGNA. The six companies not responding indicated various reasons, primarily the ongoing claims issues. The proposals received included plan alternatives which minimized the renewal impac1. Some of these alternates were eliminated from consideration due to the severity of the benefit reductions The plans considered include the current plan and a United Healthcare alternative which calls for increases in copays and a change to a three-tier prescription drug copay. During our discussions with United, they mentioned that they are phasing out the current POS 200 plan. The plan is no longer being proposed to new accounts and may no longer be an option at the next renewal of 9/1/02. The CIGNA and Neighborhood Health Plans are both point of service plans which, unlike the current plan, require selection of a primary care physician and referrals to network specialists to receive the hi ghest benefi t I eve!. The 55% increase initially communicated by United was generated due to an incurred loss ratio of 156.82% combined with current medical trend factors of 10.5% and pharmacy trends of 2 t %. Credit was given based on the size of the group and one large claim which appears to be non-recurring. There is one claim that is ongoing and has the potential to be significant. The final premium analysis produces an increase for the current plan benefits of 39. 79"10 or a total annual premium increase of $205,086. The initial renewal communicated by United in June called for a 55.10% increase or $253,059 increase in total annual premiums. Specializing In Employee Benefits AUG-01-2001 11:58 AM 954 525 1248 Harry Kilgore Re: Group Health Plan RFP 01-07-24-2 Page 2 The alternate plan proposed by United calls for a 30.26% increase or $155,955 in annual premium. The copays for the CIGNA and Neighborhood Health plans are similar to the United health Plan. The CIGNA plan calls for a 23_60010 increase or $121,629 in additional annual premium. The Neighborhood Health plan calls for a 19.92% increase or an additional $102,658 in additional annual premium. United Healthcare has provided the City's health plan since 1996 and was selected through an RFP process conducted in both 1996 and 1999. The City employees have been extremely happy with the United Healthcare plan and service. The open access feature in particular has been most appreciated. In comparing the current benefit plan to the market, we have found the existing benefit levels to be better than average. Based on our review of alternatives available and the objectives of the RFP, we recommend that the City renew with the United Healthcare plan alternative 400T effective September 1, 2001- The benefit levels, while less than the current plan, are competitive with the changes currently taking place in the marketplace in response to rising health care costs. In light of the benefit decreases, the City may want to pick up a portion of the increase in dependent coverage to minimize the ongoing employee costs for dependent coverage. Please let me know if you have any questions regarding our analysis or recommendation. ~ attachments p, 03 .. .. . . i l'c .. :t: .. "lll.lll. .. .. e - .. :; e [,) .. ~ Ii! -< .. t.. N.- o .. ! ,~f";' a.. [,)r-Q. 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'" 2~ ";;j t\)- ~ =- . ~~ ~.~ g 8 8"S . 0 00 ~ s ,S <8 .~ -g . - 8 .5 ~ , ,1;; t ~"S;: Q. .~ u - ~ =- '" .;;:~ 8 tY't~ C. oo~ (") <rI .;::: Zl _ rn._ fA "S: .~ .~ ~ 'S: "'0 ci;M 0_" o . S;,.,S 0";;:: €A] " B u .. -0 e . 13<8 .~ u " '" . . ell . o = .~ ~ 'S: "'0 ci;M 0-," o . . 0 "'-0 0';; &;;;.0 .5 " o " ..." e . 13<2 .~ u " '" . . e . .c . o = ~ .~ "'0 ci;M 0_' o . th.g 0';;: €A~ " B u .. -0 e . 13<8 "R ~ . . eJ'! . o = o ~ N';;: '" 0 e c: ("0"; = 5-a~8 5h.g .~ <0'- a €A~ 5 .. .~ ~ = o , ~ ~ o .0 ~ ~ . = ~ .0 o '" -'" ~ ~ u z .s -0 u . u > o u "5 = -0 ~ u > o u "5 = -0 ~ u > o u "5 = -0 ~ u > o u "5 = -0 ~ u > o . "5 = ~ u 00 . =- -0 ~ u > o . "5 = ." ~ u > 0 u "5 = =- 0 ~ u ~ . ~ ~ .s ~ u ." 0 02 -'" u . .c 0 f- ~ >> u .0 Z ." - ~ 0 ~~ = ~ '" 0 =- .-.. AUG-01-2001 11:59 AM 954 525 1248 City of Aventura UP 1# 0}-07-24-2 Group Health Plan POS Network Summary - Miami.Dade, Broward & Palm Beach Counties POS Network ClGNA ~ieii.ii, . Family Practice General Practice Internal Medicine Pediatricians Total Primary Care Physicians $~"R:'.'..' .w:.' OB/GYN All Other Total S ecialists Total All Physicians (Primary and Specialist) Full Service Hospitals United 415 36 814 454 1,119 340 368 2,546 2,923 2,886 3,291 4,068 5,010 30 53 w W . .,,~,.,',,'. 428 1,043 1,471 2,757 51 Prepared by The Rhodes Insurance Group 7/31/01 P.05 AUG-Ol-2001 12:00 PH 954 525 1248 P.06 City or Aventura RFP /I 01-07-24-2 Group Bealth Plan POS Network Summary. MiamI-Dade County POS Network CIGNA Neighborhood United ~ it Health ~ p ..,--,'..... Efltfl!'1Jm.ifiit~J::+:i;:~;\;2;:;;~ Family Practice 69 139 139 General Practice IS 8 19 Internal Medicine 145 254 313 Pediatricians 176 220 213 Total Primary Care Physicians 405 621 684 ..........................................................................~ Spe:t..tiSu.....,................,...:./?.,,>...;...;.'''''C'X:: OB/GYN 101 201 154 All Other 444 1,235 1,073 Total Specialists 545 1,436 1,227 Total All Physicians 950 2,057 (Primary and Specialist) 1,911 Full Servi ce Hospitals 20 12 22 Prepared by The Rhodes Insurance Group 7/31101 AUG-01-2001 12:00 PM ----- 954 525 1248 City of Av.ntura RFP 1# 01-07-24-2 Group S,ald! Plan POS Network Summary - Broward County POS Network .t::........ ..........~jft;~~f~qic:':;i;f;.}ig.:Y Family Practice General Practice Internal Medicine Pediatricians Total Primary Care Ph sicians OB/GYN All Other Total S ecialists Total All Physicians (Primary and Specialist) Full Service Hospitals Prepared by The Rhodes Insurance Group 7/31/01 CIGNA 118 11 189 185 503 155 559 714 1,217 17 91 961 1,052 1,461 12 United 172 10 277 142 601 118 1,075 1,193 1,794 20 P. 07 AUG-01-2001 12:01 PM 954 525 1248 P.08 City of Aventura RFP #I 01-07-24-2 Group Health Plan POS Network Summary - Palm Beaeh County pOS Network CIGNA Neighborhood United Health ;IT If' '(;ii~mljri.tmI! ,',-. .-,..'~'-.'~'~',..-..- . ,.... ..... " ,..'.h'...,....-.-. p" Family Practice 74 36 104 General Practice 1 1 7 Internal Medicine 163 57 224 Pediatricians 134 58 99 Total Primary Care Physicians 378 152 434 '~.~'.. ..-". ~ ..:c., . .. ",,",'''',',','.,'.,w.w' """.' ....'..".'" .... .. ,..,,,,_.,'<,-.w'",,..'..,,,..".,..... OB/GYN 172 48 96 All Other 40 350 775 Total Specialists 212 398 871 Total All Physicians (primary and Specialist) 590 550 1,305 Full Service Hospitals 14 6 II Prepared by The Rhodes Insurance Group 7/31101 City of Aventura RFP # 01-07-24-2 Group Health Plan POS Provider Network - Miami-Dade, Broward & Palm Beach Counties Provider Category CIGNA Neighborhood United Health A1lergylImmunology 167 48 64 Anesthesiology 0 115 106 Cardiology 291 207 305 Cardi ovascular/Thoraci c 45 74 38 Chiropractors 64 31 27 Dermatology 83 79 152 Endocrinology 46 23 39 Family Practice 265 315 415 Gastroenterology 245 165 151 General Practice 33 15 36 Internal Medicine 570 477 814 Neurology 72 78 104 Obstetri cs/ Gynecology 428 340 368 Oncology 153 83 139 Opthalmology 135 62 20 Orthopaedic Medicine 244 135 253 Otolaryngology 109 64 0 Pathology 0 51 64 Physical Therapy 3 31 43 Pediatri cs 497 375 324 Podiatry 170 79 166 PsychologylPsychiatry 0 115 0 Pulmonary Medicine 90 99 95 Radiology 0 154 75 Rheurnatology 46 26 44 Urology 115 108 134 Prepared by The Rhodes Insurance Group 7/27/01 City of Aventura RFP # 01-07-24-2 Group Health Plan POS Provider Network - Miami-Dade County Provider Category CIGNA Neighborhood United Health Allergy/Immunology 70 19 27 Anesthesiology 82 27 Cardiology 111 101 127 Cardi ovascular/Thoracic 7 30 10 Chiropractors 15 14 7 Dermatology 12 34 50 Endocrinology 14 12 15 Family Practice 69 139 139 Gastroenterology 95 73 64 General Practice 15 8 19 Internal Medicine 153 254 313 Neurology 21 39 37 Ob stetri cs/Gynecol ogy 101 201 154 Oncology 54 46 54 Opthalmology 32 39 7 Orthopaedic Medicine 41 53 72 Otolaryngology 44 29 Pathology 21 14 Physical Therapy 15 9 Pediatrics 177 220 213 Podiatry 57 39 51 Psychology !Psychiatry 82 Pulmonary Medicine 36 52 46 Radiology 70 32 Rheumatology 8 15 16 Urology 38 50 47 Prepared by The Rhodes Insurance Group 7/27/01 City of Aventura RFP # 01-07-24-2 Group Health Plan POS Provider Network - Broward County Provider Category CIGNA Neighborhood United Health AllergylImmunology 55 18 20 Anesthesiology 20 68 Cardiology 109 74 103 Cardiovascular/Thoracic 30 35 18 Chiropractors 15 11 11 Dermatology 35 33 58 Endocrinology 15 11 15 Family Practice 122 140 172 Gastroenterology 63 61 39 General Practice 11 6 10 Internal Medicine 244 166 277 Neurology 37 32 40 Ob stetri cs/ Gynecology 155 91 118 Oncology 42 31 42 Opthalmology 46 19 7 Orthopaedic Medicine 112 64 105 Otolaryngology 36 22 Pathology 23 20 Physical Therapy 10 18 Pediatrics 186 97 12 P odi atry 52 26 58 Psychology /Psychiatry 30 Pulmonary Medicine 39 34 33 Radiology 55 31 Rheumatology 13 9 15 Urology 35 36 48 Prepared by The Rhodes Insurance Group 7/27/01 City of Aventura RFP # 01-07-24-2 Group Health Plan POS Provider Network Palm Beach County Provider Category CIGNA Neighborhood United Health AllergylImmunology 42 11 17 Anesthesiology 13 11 Cardiology 71 32 75 Cardiovascular/Thoracic 8 9 10 Chiropractors 34 6 9 Dermatology 36 12 44 Endocrinology 17 0 9 Family Practice 74 36 104 Gastroenterology 87 31 48 General Practice 7 1 7 Internal Medicine 173 57 224 Neurology 14 7 27 Ob stetri cs/Gynecol ogy 172 48 96 Oncology 57 6 43 Opthalmology 57 4 6 Orthopaedic Medicine 91 18 76 Otolaryngology 29 13 Pathology 7 30 Physical Therapy 3 6 16 Pediatrics 134 58 99 Podiatry 61 14 57 Psychology !Psychiatry 3 Pulmonary Medicine 15 13 16 Radiology 29 12 Rheumatology 25 2 13 Urology 42 22 39 Prepared by The Rhodes Insurance Group 7/27/01 City of Aventura RFP # 01-07-24-2 Group Health Plans Responses to Interrogatories [. If applicable, please describe any referral requirements including turnaround time and the process. CIGNA Neighborhood Health referrals provided by PCP ; . . "OB/GYN d' ; PCP authonzes referral; It does except "or ,po latry, , d t I hi tJ. ,not need to go through health erma 0 ogy, c roprac c,; . " I MH/SA 1 carner "or approva United N/A 2. Does your physician contract specifically prohibit balance billing to the member? I CIGNA Neighborhood Health _ yes yes United yes - 3. How often are your physician contracts renewed? CIGNA annuallv Nei borhood Health annuallv United everv 2 'ears 4 How many physician contracts were terminated in 2000 based on quality assurance or member service issues? CIGNA Nei borhood Health United propriety information not available for release none none 5. What is vour network physician turnover ratio for the period of October 1999 through October 2000 in Miami-Dade and Broward Counties combined" , .... .............. ...... /1 :HMO Primary Care [fL\10 Specialty Care )OS Primary Care : POS Specialty Care CIGNA 2.84% 2.01% 284% 2.01% Neighborhood Health 4% 4% 2% 2% United propriety information not available for release 6. Does your company anticipate any changes in your physician network in 200 I other than normal turnover? please describe these changes in general. ~ I CI~:A If yes, no no I I Neighborhood Health United 7. Provide a description ofvour company's allowance for non-network claims. - ; i / CIGNA Neighborhood Health I United , , ii non-network claims subject to commercial non-par claims ........ R&C, which is paid at 80th [25% MCA; POS- TS non-par unresponSIve claims 200% MCA ........................................................-................. Page 1 City of A ventura RFP # 01-07-24-2 Group Health Plans Responses to Interrogatories 8. Does your maintain a website? If yes, please provide the address and services available at that site. CIGNA Nei borhood Health United www.neighborhood- www.cigna.com health. com www.uhc.com providers, members, brokers F AQs, corporate information ClGNA Nei United weekl u dated continuallv 10. What are the hours of operation for your Member Service Department? CIGNA Nei borhood Health 8 a.m. - 5 .m. 8 a.m. - 6 .m. United 8 a.m. - 6 .m. 11. Where is the Member Service Department that will be responsible for this account located? CIGNA Nei borhood Health Tam a, FL Miami, FL United Sunrise, FL 12. Where is your Claims Department responsible for this account located? i CIGNA Nei borhood Health Atlanta, GA Miami, FL United Maitland, FL 13. Is this Claims Department responsible for network and non-network claims? CIGNA Nei borhood Health United 'es es es 14. What is the current average turnaround time for clean non-network claims to be processed once received? CIGNA Nei borhood Health United 10 da 'S within 35 days 30 davs Page 2 City of A ventura RFP # 01-07-24-2 Group Health Plans Responses to Interrogatories 15. Provide a specific description of your company's case management program including when members will be contacted once a certain is received. CIGNA Nei borhood Health United program is collaborative process; assesses, plans, members with inpatient implements, coordinates, i situations are contract pre- monitors and evaluates options i admission, while admitted and and services for covered i no response ' post admission; several disease embers; when assigned, case i management programs are in manager contacts member : place, i.e. asthma, high blood within 48 hours or 24 for urgent j I pressure, cardiovascular disease referrals i ! I ..............................................................................................................................................................................................................................1 16. \\That percentage of the following participating medical providers are capitated in the South Florida market? Prepared by The Rhodes Insurance Group 7/31/01 Page 3 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM DATE: July 31,2001 TO: City Commission FROM: Eric M. Soroka, Ci SUBJECT: Ordinance Amending Code of Ethics to Provide for Disclosure of Business Relationships First Reading August 7, 2001 City Commission Meeting Agenda Item 7-A Second Reading September 4, 2001 City Commission Meeting Agenda Item _ Per discussion at the July Workshop Meeting, attached is an ordinance for your consideration amending the City Code to provide for disclosure of business relationships by members of the City Commission and City Advisory Boards with applicants, applicant's representatives and interested persons appearing before the City Commission or City Advisory Boards. Should you have any questions, please do not hesitate to contact me. EMS/tms attachment ORDINANCE NO. 2001 AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 2 "ADMINISTRATION" BY AMENDING ARTICLE VII "CODE OF ETHICS" BY CREATING SECTION 2-395 "DISCLOSURE OF BUSINESS RELATIONSHIPS," TO PROVIDE FOR THE DISCLOSURE OF BUSINESS RELATIONSHIPS BY MEMBERS OF THE CITY COMMISSION AND CITY ADVISORY BOARDS WITH APPLICANTS, APPLICANT'S REPRESENTATIVES AND INTERESTED PERSONS APPEARING BEFORE THE CITY COMMISSION OR CITY ADVISORY BOARDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the Florida Legislature has enacted comprehensive ethical standards which apply to all public officers and employees, at Part III of Chapter 112, Florida Statutes; and WHEREAS, Section 2-11.1 of the Miami-Dade County Code, as adopted by City Code Section 2-392(2), generally provides certain additional ethical standards; and WHEREAS, Section 112.326, Florida Statutes, explicitly allows more stringent, non- conflicting regulation of ethics by municipalities; and WHEREAS, the City Commission desires to adopt and apply additional disclosure requirements, supplementing the existing provisions of Article VII of Chapter 2 of the City Code, as described herein, so as to protect the public's interest. IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. Each of the above recitals is hereby confirmed and adopted. Section 2. City Code Amended. That the City Code of the City of Aventura, Florida is hereby amended by amending Chapter 2 "Administratioll," by amending Article VII "Code of Ethics" by creating Section 2-395 "Disclosure of Business Relationships" to read as follows: Ordinance No. 2001-_ Page 2 Section 2-395. Disclosure of Business Relationships. 1. Definitions. (a) Applicant. As used herein, the term "Applicant" means any individual or entity requesting action of the City Commission or a City Advisory Board upon an application and all persons or entities representing such individual or entity (including, but not limited to, all attorneys, architects, landscape architects, engineers and lobbyists) (the "Representatives"), and any individual who holds directly or indirectly, a five (5%) percent or more ownership interest in the total assets or capital stock of such Applicant entity. (b) Business Relationship. As used herein the term "Business Relationship" means that a member of the City Commission or a City Advisory Board has a Business Relationship with a person or an entity if any of the following exist: (i) the member of the City Commission or City Advisory Board holds an ownership interest, directly or indirectly, in excess of 1 % of the total assets or capital stock of the Applicant, Representative or Interested Person entity; or (ii) the member of the City Commission or City Advisory Board is a partner, co-shareholder (as to the shares of a corporation which are not listed on any national or regional stock exchange) or joint venturer with the Applicant, Representative or Interested Person in any business venture; (iii)the Applicant, Representative or Interested Person is a Client of the member of the City Commission or City Advisory Board, or a Client of another professional working from the same office or for the same employer as the member ofthe City Commission or City Advisory Board; (iv)the member of the City Commission or City Advisory Board is a Client of the Applicant, Representative or Interested Person; (v) the Applicant, Representative or Interested Person is a Customer of the member of the City Commission or City Advisory Board (or of his/her employer) and transacts more than 5% of the business of the member of the City Commission or City Advisory Board (or ofhis/her employer) in a given calendar year or transacts more than $25,000 of such business in a given calendar year; or (vi)the member of the City Commission or City Advisory Board is a Customer of the Applicant, Representative or Interested Person and transacts more than 5% of the business of the Applicant, Representative or 2 Ordinance No. 2001- Page 3 Interested Person in a given calendar year or transacts more than $25,000 of such business in a given calendar year. (c) Client. As used herein the term "Client" means a person or entity who obtains the services of a professional for compensation. (d) Customer. As used herein the term "Customer" means a person or entity who purchases or leases materials, equipment, property or services of another. (e) Interested Person. As used herein, the term "Interested Person" means any person who speaks for or against any resolution or ordinance before the City Commission or for or against any matter before any City Advisory Board and who has a direct financial interest in the action (including, but not limited to, vendors, bidders and proposers), except that owner occupied residential property owners shall not be deemed to have a direct financial interest in land use decisions that may affect the value oftheir property, and accordingly shall not be within the definition of the term "Interested Person," as used herein. 2. Restrictions. (a) Except as prohibited by law or regulatory standards, each member of the City Commission or any City Advisory Board shall disclose the existence of any Business Relationship of which he/she is aware that he/she has, or has had within the prior twenty-four month period, with any Applicant, Representative or Interested Person, at the time that the Applicant, Representative or Interested Person appears before the City Commission or City Advisory Board on which the member sits. (b) Except as prohibited by law or regulatory standards, if a member of the City Commission or any City Advisory Board learns, within thirty days after an action is taken by the City Commission or the City Advisory Board on which the member sits, that he/she had a Business Relationship with any Applicant, Representative or Interested Person who appeared before the City Commission or the City Advisory Board, he/she shall within ten (10) days of so learning, disclose any such Business Relationship in writing to the City Clerk that was not disclosed at the initial meeting. (c) Except as prohibited by law or regulatory standards, if a member of the City Commission or any City Advisory Board establishes a Business Relationship with any Applicant, Representative or Interested Person within twelve months after the Applicant, Representative or Interested Person appears before the City Commission or the City Advisory Board on which the member sits, the member of the City Commission or the City Advisory Board shall disclose any such Business Relationship in writing to the City Clerk within 15 days after the Business Relationship is established. 3 Ordinance No. 2001- Page 4 (d) Section 286.012, Florida Statutes, prohibits a member of the City Commission or any City Advisory Board from abstaining from voting unless there is, or appears to be, a possible conflict of interest under Sections 112.311, 112.313, and 112.3143, Florida Statutes. Accordingly, in any situation where a member of the City Commission or a City Advisory Board discloses a Business Relationship under this Section, the member may abstain from voting, since such disclosure shall qualify as constituting the appearance of a possible conflict of interest. This paragraph shall not be construed to make abstention discretionary under situations in which abstention or non- participation is mandated by Section 112.3143, Fla. Stat., Section 2-1l.l(d) of the Miami-Dade County Code as adopted by City Code Section 2-392(2), or (as to Advisory Board members) as provided by City Code Section 2-393. (e) If any member ofthe City Commission or City Advisory Board believes that another member of the same body has willfully failed to make a disclosure required under this Section, he/she may submit evidence supporting the alleged failure to disclose to the City Manager who shall place the item on the next available City Commission Agenda. The allegation and supporting evidence shall be presented by the member of the City Commission or City Advisory Board who raised the issue for consideration by the City Commission. The member of the City Commission or City Advisory Board against whom the allegation is made may present evidence refuting the allegations. If four (4) or more members of the City Commission determine that an accused City Commissioner has willfully failed to make a required disclosure, the accused City Commissioner shall be deemed to be censured. If four (4) or more members of the City Commission determine that an accused member of a City Advisory Board has willfully failed to make a required disclosure, the accused Advisory Board Member shall be removed from the Advisory Board. Section 2. Severabilitv. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 3. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. 4 Ordinance No. 2001- Page 5 Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner its adoption on fIrst reading. The motion was seconded by Commissioner upon being put to a vote, the vote was as follows: , who moved and, Commissioner Arthur Berger Commissioner Jay R Beskin Commissioner Manny Grossman Commissioner Harry HoJzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. The motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R Beskin Commissioner Manny Grossman Commissioner Harry HoJzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow PASSED AND ADOPTED on first reading this 7th day of August, 2001. PASSED AND ADOPTED on second reading this _ day of ,2001. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY 5 CITY OF A VENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: City commiSSiOn" Eric M. Soroka, Ci ,--a ge July 31, 2001 ~ '-- DATE: SUBJECT: Ordinance Amending Land Development Regulations Providing Procedures for Disclosure of Applicant Representatives and Business Relationships First Reading August 7, 2001 City Commission Meeting Agenda Item 7 -B Second Reading September 4, 2001 City Commission Meeting Agenda Item _ Per discussion at the July Workshop Meeting, attached is an ordinance for your consideration amending the Land Development Regulations Development Review Procedures to provide requirements that applications contain affidavits of the Applicant including an Applicant Representative Affidavit and a Business Relationship Affidavit for disclosure of representatives and business relationships. Should you have any questions, please do not hesitate to contact me. EMS/tms attachment ORDINANCE NO. 2001 AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 31 "LAND DEVELOPMENT REGULATIONS," BY AMENDING ARTICLE V "DEVELOPMENT REVIEW PROCEDURES," BY AMENDING SECTION 31-71 "PROCEDURES OF GENERAL APPLICABILITY," BY AMENDING PARAGRAPH (B) "APPLICATION REQUIREMENTS," TO PROVIDE REQUIREMENT THAT APPLICATIONS CONTAIN AFFIDAVITS OF THE APPLICANT INCLUDING AN "APPLICANT REPRESENTATIVE AFFIDAVIT" AND A "BUSINESS RELATIONSHIP AFFIDAVIT," PROVIDING FOR DISCLOSURE OF REPRESENTATIVES AND BUSINESS RELATIONSHIPS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City of Aventura desires to enact certain requirements for public disclosure of applicant representatives and of business relationships between an applicant for a development pennit and a member ofthe City Commission or any City Advisory Board; and WHEREAS, the City Commission has determined that applicants are in the best position to determine and disclose whether any business relationships exist. IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. Each of the above recitals is hereby confirmed and adopted. Section 2. Code Amended. That the City Code of the City of Aventura, Florida is hereby amended by amending Chapter 31 "Land Development Regulations," at Article V "Development Review Procedures," at Section 31-71 "Procedures of General Applicability," by amending paragraph (b) "Application Requirements," to read as follows:l I / Additions to existing text are indicated by underline. Ordinance No. 2001-_ Page 2 ARTICLE V. DEVELOPMENT REVIEW PROCEDURES. Section 31-71. Procedures of General Applicability. * * * (b) Application requirements. ill Every application for development permit shall be in a form specified by the Community Development Department and shall be accompanied by a fee, as established from time to time by the City, to defray the costs of processing and reviewing the application and the required notice. The application shall be prepared in the appropriate number of copies, accompanied by such plans, data, or documents specified by the application form or by the Community Development Director. ill The Application form shall include each of the followiIul: additional items: (i) A1JTJlicant Revresentative Affidavit. Each individual or entitv applying for a development permit must submit. with the Application. an "Applicant Representative Affidavit". The affidavit must be on a form provided by the City and be signed by an authorized representative of the individual or entity applying for the development permit. and the owner of the property subiect to the application (if different). whose silmatures must be notarized. The form for the affidavit shall be prepared and distributed by the Community Development Director or his or her designee. and shall identify all persons representing the individual or entity applying for the development oermit in connection with the application. including. but not limited to. all attorneys. architects. landscape architects. engineers and lobbyists (the "Representatives"). Any statement or representation made by any person listed on the Applicant Representative Affidavit shall be binding upon the individual or entity applying for the development permit and the owner of the subiect property. (ii) Business Relationshiv Affidavit. Each individual or entity applying for a deyelopment permit. the owner of the property subiect to the application. and each individual or entity appearing on the Applicant Representative Affidavit (including Representatives) must submit. with the application. a "Business Relationship Affidavit." The affidavit must be on a form provided by the City and be signed by an authorized representative of the individual or entity submittiIul: the affidavit. whose signature must be notarized. The form for the affidavit shall be prepared and distributed by the Community Development Director or his or her designee. and shall require the 2 Ordinance No. 2001- Page 3 individual or entitv providing the affidavit to disclose whether it has anv Business Relationships with any member of the Citv Commission or anv City Advisorv Board to which the application will be presented. and. if so. disclose the identity of the City Commission or Citv Advisory Board member with which the individual or entitv submitting the affidavit has a Business Relationship and the nature of the Business Relationship. (iii) Definition. The term "Business Relationship." as used herein. is defined in Section 2-395 of the City Code. (iv) Duty to Supplement Affidavits. If. at anv time prior to City Advisory Board or City Commission consideration of an application for a development permit. the information contained in anv Applicant Representative Affidavit or Business Relationship Affidavit becomes incorrect or incomplete. the gerson or entity submitting the affidavit must supplement the affidavit and. if the supplementation requires the submission of additional Applicant Representative Affidavits or Business Relationship Affidavits. ensure that such affidavits are also fIled with the Citv. If anv supplementary affidavits are submitted less than seven (7) davs before the application is scheduled for consideration bv the City Commission or any Citv Advisory Board. the application mav be withdrawn bv the Community Development Director or his or her designee. and placed on a subseQuent agenda. Section 3. Severability. That the provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code ofthe City of Aventura; that the sections ofthis Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. 3 Ordinance No. 2001- Page 4 The foregoing Ordinance was offered by Commissioner its adoption on first reading. The motion was seconded by Commissioner upon being put to a vote, the vote was as follows: , who moved and, Commissioner Arthur Berger Commissioner Jay R Beskin Commissioner Manny Grossman Commissioner Harry Ho1zberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. The motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R Beskin Commissioner Manny Grossman Commissioner Harry Ho1zberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M Perlow PASSED AND ADOPTED on first reading this 7tb. day of August, 2001. PASSED AND ADOPTED on second reading tlris _ day of ,2001. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M SOROKA, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY 4 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Vice Mayor Ken Cohen DATE: July 31, 2001 SUBJECT: Request for Placement of Discussion on August 7, 2001 Agenda Regarding Cellular Phone Use August 7,2001 City Commission Meeting Agenda Item 10 Please place the following item under Other Discussion on the August 7, 2001 City Commission meeting agenda: Discussion Regarding Ban of Cellular Phone Use While Driving KC/tms cc: City Commission 08/02/01 TUU 12:34 FAI 30S 37S 2484 CLERK OF BOARD ~004 ApProved Veto Override Mayor Agenda Item No. 13(M) 7-24-01 ORDINANCE NO. OkDlNANCE RELATED TO CELLULAR TELEPHONE USE '.WlULE DRIVING; CREATING SECTION 21-50 OF THE CODE oF MIAMI-DADE COUNTY, FLORIDA; PROHIBITING THE, USE OF CEU,UI..AR TELEPHONES WlllLE OPER:A11NGA MOtOR VEffiCLE ON ANY PUBLIC STREET ORltIGHW A Y UNLESS OPERATED WI11J AHANDS"FREE . . DEVICE; PROVIDING Ai'ENALTYi AMENDING SECTION 8CC-lOi PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE I ." ." . . , ' . BE'rtORDAJI'ilED BY nil: nOARD OF COUNTY COMMISSIONERs OF .' , MJ:AMI-'DADECOUNTY, FLORIDA: . Section I. Section 21-50 of the Code of Miami-Dade County, Florida, is herebY I." created t6read as follows: I Sec. 21-50. Use of cenulllr relepllODes while driving. . (I) . . Scope of regulaiion. The provisions of this section shall apply inbotb the incorporat'~d and unincorporated areas of Mi~mi. Dade County. .(~). . D/!'jinilions.' Forpl\tpOSe$ of this section, the following defiiiitiot'lsfor terms usedhfn:in sball appl)'; (a) Cellular telephone means any device capable of sending or receiving telephone communications without an access " line. for service, including but not limited to analog, digital and wireless telephones. . ," I I Words stricken tbroughai'ldlor [(doublebraeketed]] shall be deleted. WortIliuiidttscored . andlor>>dOuble Briowed<< constitute the amendment proposed. Rcmaining provisioiJS 8te'llbW in effeCt.ilndterni.in unchanged. \.i OS/02/01 TBU 12:35 FAX 305 375 24S4 CLERK OF BOARD Jal005 Agenda Item No.n (M) Page 2 (b) Use .ine8llsaei1ding or receiving. arllttempting to . . sendOt" receive II colllIlluniclIrion, listening, dialing, researcbing Of talldngon II cellular telepbonll. . . (c) Hands'freeo.'evice means an internal device, 'lItllicliinent,-add-on or addition to a cellular telephone or motor .. vehicle, whether or not .penMDCDtly installed in the motor vehicle, . that . when used (i)allaws the operator of II motor vehicle to . .maiIitainboth hands (orproilthetic device or aid in thecese of a . physically disibled penon) 1)It the applicable steering device and (ii) alloWS for SIlITOllJldiniSOund to be heard by one or both ears. . . (3) Use ojcelllllal'telephones while driving withollt hllJlds.free device prohibited. No person sball use a cellular telephone while oper:ating a motor vebicleon any public street or highway within Miami-Dade County wbile tbe motor vehicle is in 1DOtion. unless such cellular telephone is used with a hai1ds-free device. (4).. Penalties. Anype:rson violating this section shall be . pUnished by' a fmeof fivehWldted dollars ($500.00). Sectibn 2. Section BeC-IOof tile Code of Miami-Dade County,FlOrida,is,berilby .4IJi(mded to readils followS: 2 .. See. SCC-ll).ScltedUle of dvil penalties. . . . Code Secti()1I Description qf Viollltfon .CiYit. Penalty. . . . 'WorcJsstrlcken through andIor[{dOublebracketedDsl\llll be deleted. wolds W;;.Ie~ ,lindIor >>doubli: arrowed<< constitute the amendment proposed. Remaining ptoviliiObsarenow 'iD effect andrettiain uncllanged. .~'/I 06/02/01 THV 12:J6 FAX JOS 375 2... CLERK OF BOARD 1i!I006 Agenda Item No. . IJ(l'l) Page 3 , ~. . tlse of cenullrtel~I)il:eSwhill: rlrivinl! without hands.fieec!evice otohibited<< ~soo.oo . >>21"50 .- . . . . ,.' seCtion 3. . If any section, sul:ise,~ion, sentence, clause or provision of this otdiiulJK;e. . .is hddi~alid, the remainder of IIiis ordinance shall not be affected by sucb invalidity. . Section 4. It is the iriterttion' of lhe Jloard of County Commissioners, and it is . her~by . .ordainecldlatthe provisions of thisordinallce, including any sunset provision, sh8Ub~eome'and be tJj(uleapiUt'ofthe Code ofMiirJlioDideCounty, Florida. 1be sections of this ordinanceDiiiY.' beren~mbefcd or reletteredtti :accorn:Plbh sucb intention, and the word "ort!iJiiltice"maybt . chimgl:'d'tti "Section," "article," orothetaPJ~ilpriate word. ... Serition5. This ordiriiltice .shall become effective ten (10) days after the .dareof .enilctinent. unless. vetoed by the MayOr, and if vetoed, shall become effective only U]lon an . . '"" ovemditlythis'Btlard. .' Section 6. , . '. .. ",,- " , Thisorilinance does not contain a sunset provision. I' I ", ' :P Assiri MID ADOPTED: . AlIPtOvedt,y::eounty Attorney;"'. .to forin Bridleg.tsUfficiency: (.A(. PIepafed;by: . oJ tt\"" .' . . . .: SpOnBoredbjDt~Bitrbai:aM,CiteY-Sh\Ji~r . Bnd .CommissionciKaty Soreuson I I ! . i - MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared OV. FERBEYRE, who on oath says that she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review. a daily (9xcept Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF AVENTURA - PUBLIC HEARING 817101 RE: LAD VENTURES, INC. in the XXXX Court, was published in said newspaper in the issues of 07/26/2001 Affiant furt!":er says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation q~;' '_;;~(';0',!nt, r-eh<>!e, r.nmmission or refund for the puroose of securing thi dye for publication in the said newspaper. OFFICIAL NOTARY SEAL JANFIT LLERENA M\<'lI_oosrATE OF FLORIDA COMMISSION NO. CC 912958 MY COMMISSION EXP. NE 23.2004 Date and Time of Public Hearll')g: Applicant Name: Applicant'. Request: Application Number: Tuesday, August 7, 2001 6:00p.m. Lad Ventures, Inc. The applicant is requesting the following: 1}A Variance from Section 31-144(c} of the City's Land Development Regula- tions to allow a front yard setback of 0.30' where a 25' setback is required by Code. . 2)A Variance from Section 31-144(c)of lbe City'9ta~elopm.nt ReguI&- tions to allow a street side yard setback of 13' where a 20' setback is required by Code. 3) A Variance from Section 31-221 (i) of the City's Land Development Regulations to allow buffer strips less than 7' in width adjacent to the south project limit and west property line and adjacent to the so_uth and west limits of the building. 4) A Variance from Section 31-221 (i) of the City's Land Development Regulations to allow a terminal parking island width of 6' excluding curbing where a width of 7' excluding curbing is required by Code. Legal Daacrlptlon: LocaUon Of Subject Property: 17866 Biscayne Boulevard D6N AR-01 Lots 9 and 1 0 less therefrom the East 33.75 leet -Maule Federal Highway In- dustrial Sites. at Pllit Book 46, at Page 55, of the public records of Miami-Dade County, Aorida. Size of SubJact Property: 0.138 acres Plans are on file and may be examined duri~gregul6._r:ousiness_~_~rsLI! . the --CitY -of"Aventura Government Ceriter; 1"9200 -West -Country Club Drive, Aventura, Florida 33180. Plans may be modified at or before the Public Hearing. The application may change during the hearing pro- ceSS.' The Public Hearing wiIIl'>e held at City of Aventura Govemment Center, 19200 West Country Club Drive, Aventura, Florida 33180. Your com- ments may be made in person at the hearing or filed in writing prior to the hearing date. Refer to appliCi\....Vproperty on correspondence. and mail same to City of Aventura Government Center, Community Development Department, 19200 West Country Club Drive, Aventura, Florida 33180. For further information, please call (305) 466-8940. In accordance with the Americans with Disabilities Act of 1990, all per- sons who are disabled and who need special accommodations to partici- pate in this proceeding because of that disability should contact the Office of the City Clerk, 466-8901, not later than two business days prior to such proceedings. . If a person decides to appeal any decision made by the City Commis- sion with respect to any matter considered at a meeting or hearing, that person wUl need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which recorct includes the testimony and evidence upon whiCh the appeal is to be based. 7/26 Teresa M. Soroka, CMC, City Clerk D1.3-751183840M