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12-14-2007 Special Meeting A~. e City of rtVentura ,(i, '.",..;...,/ City Commission Susan Gottlieb, Mayor City MaIlJIger Eric M. Soroka, leMA-CM Zev Auerbach Bob Diamond T eri Holzberg Billy Joel Michael Stern Luz Urbaez Weinberg City Gcrk Teresa M. Soroka, MMC City Attorncy Weiss Serota Helfman Pastoriza Cole & Boniske CITY COMMISSION SPECIAL MEETING AGENDA DECEMBER 14, 2007 - 9 AM Aventura Government Center 19200 West Country Club Drive A ventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. DISCUSSION AND POSSIBLE ACTION: A. RECOMMENDATION TO RELOCATE ARTS & CULTURAL CENTER B. CITY SPONSORSHIP FOR FEDERAL GRANT TO ASSIST POINT EAST CONDOMINIUM ASSOCIATION WITH SEAWALL RESTORATION 3. ADJOURNMENT. The meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all 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, 305-466-8901, not later than two days prior to such proceeding. Anyone wishing to appeal any decision made by the City of Aventura 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 enter, 19200 West Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-8901. One or more members of the City of A ventura Advisory Boards may also be in attendance. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA-CM, City Manager DATE: December 11, 2007 SUBJECT: Recommendation to Relocate Proposed Arts & Cultural Center December 14,2007 City Commission Meeting Agenda Item 2A RECOMMENDATION It has been eighteen months since the County and City tentatively entered into a Memorandum of Understanding to authorize the City to manage the reconstruction of the library and to develop a combined library and performing arts center. Despite the best efforts of the County Library staff, County Manager's Office, County Commissioner Sally Heyman and the City, there is still no formal agreement in place at this time. The fact is the concept of constructing an Arts and Cultural Center (ACC) on County owned land in conjunction with the rebuild of the County Library branch has become too complicated and bogged down in red tape and County project requirements. At this point, the County will only consider a Development Design Agreement and that cannot move forward until certain waivers are granted by the County Commission from County code requirements. It is fair to say all parties are frustrated with the lack of progress on this matter. In order not to lose more time, with no guarantee that all the outstanding issues with the County can be resolved, it is time to explore other alternatives. After careful consideration of the facts, I recommend that the City Commission take action to relocate the ACC to City land adjacent to the Community Recreation Center for the reasons outlined in this report. BACKGROUND Time Line The following is a timeline outlining the events that have occurred from the time the Commission adopted a motion to move forward on the ACC Action Plan to the events that have occurred as recent as last week. This section of the report clearly indicates that although a lot of time and effort has been put forth by the City and County officials to implement the original plan it appears that even if the parties could resolve all the obstacles it would be many more months before any agreement could be finalized. Memo to City Commission Page 2 . April 2006 - Commission adopts motion to proceed with Phase I of the PAC Action Plan which included a location next to Community Recreation Center and the authorization to prepare a Business Plan Feasibly Study. . June 2006 -In order to expedite the rebuild of the Library, the County and City reach a tentative agreement whereby the City will be responsible for the rebuilding of the Library Branch with design approval from the County. . July 2006 -The County and City tentatively entered into a Memorandum of Understanding to authorize the City to manage the reconstruction of the library while the County maintains final design approval and to develop a combined library and performing arts center. The library branch is proposed to be 26,000 square feet and the PAC is estimated to be 14,000 square feet. The City and County will be responsible for their respective costs associated with the project. . July 2006 - City retains the firm of AMS Planning and Research to prepare the PAC Business Plan Feasibility Study. . December 2006 - City and County staff meet to review draft interlocal agreement . Representatives of the County Attorney's Office are in attendance. . January 2007 - AMS Planning and Research submits results of the Business Plan Feasibility Study and City Manager presents Recommended Construction and Operating Financial Plan for PAC. The Interlocal Agreement document, has been finalized at the staff level. However, the County Attorney's Office has requested a meeting to discuss the document prior to transmitting it to the County Commission. It is now scheduled to be presented to the County Commission in February as well as to the City Commission for approval. . January 2007 - An RFP for architect/design services was awarded to PGAL in association with William Rawn Associates, Architects. . February 2007 - The City Commission adopted a Resolution supporting the creation of the Performing Arts Center and authorizing the administration to proceed with implementation requirements. The lnterlocal Agreement document is now scheduled for the May County Commission Meeting. The City has filed the necessary paperwork to request the County to change the scope of GOB project #57 to allow the City to utilize the 2004 Bond Program funds to assist in funding the PAC. A tentative schedule for the completion of this project has been prepared with an October 2009 facility dedication date. . March 2007 - The Interlocal Agreement document is now scheduled for the June County Commission Meeting. . June 2007 -County approves the change the scope of GOB project #57 to allow the City to utilize the 2004 Bond Program funds to assist in funding the PAC. In light of the property tax reform legislation approved by the State Legislature, the City Commission and City Administration reexamine the original concept of constructing a $10 million Performing Arts Center. Due to the uncertainty associated with future revenues and to reduce any impact on the operating Memo to City Commission Page 3 budget, the project is being re-evaluated to reduce the scale and cost of the budget to coincide with available funding amounts. . July 2007 - In light of the property tax reform legislation, the City Commission decides to reduce the budget to approximately $5 million and fund from the County GOB program. Features or enhancements could be added in the future when funding is available. The City staff is working with PGAL to prepare preliminary layout of the proposed 300 seat facility. The reconstruction of the library is on hold until the County Commission approves the County budget in September and the Interlocal Agreement document now scheduled for September. . August 2007 - The Interlocal Agreement is now scheduled before the County Commission in October 2007. . October 2007 - City Commission approves Interlocal Agreement. County Library staff advises that there may be issues due to building a city facility on county land utilizing GOB funds and requests revisions to address County Attorney concerns. . November 2007 - The County Attorney's Office recommends that the original Interlocal Agreement be replaced with a Design Agreement in order to meet the County's GOB Program requirements. This would allow only the design to proceed, a construction agreement and a lease agreement would also be required to be negotiated in the future. . November 27 2007 - City reviews County's Design Agreement and transmits comments back to County. . December 2007 - County Attorney now advises that a waiver from the County's procurement process would also be required to utilize the selected architect to move forward. Review of Remaining Requirements A. The following outlines what still remains to completed if the City continued to pursue utilizing the library site: . Design Agreement - County Commission Approval . Waiver from County Procurement Process for Design Agreement - County Commission Approval . Architect Agreement · GOB Agreement . Construction Agreement - County Commission Approval . Waiver from County Procurement Process for Construction Agreement - County Commission Approval . Lease Agreement - County Commission Approval . Parking Agreement - Aventura Mall Memo to City Commission Page 4 B. The following outlines what would be required for the City to utilize the Community Recreation Center site: . Architect Agreement . County Commission approval of GOB project #57 scope change to remove the shared library site location from description of project. - Could be accomplished by February 2008. . GOB Agreement with County . Selection of Construction Manager The original GOB project scope that was modified by the County Commission to provide for the funds to be utilized for the ACC, will be required to be amended by the County Commission to remove references to the location of the facility. County staff has advised that this can be accomplished by late February and would not delay the GOB Agreement. Placing the ACC at the Community Recreation Center site involves a less complicated process than the library site and therefore can be completed in a shorter period of time. Site Pros/Cons The following is a comparison of the pros and cons of each of the sites: librarv Site Pros · Combined facility with Library. · Close to mall and restaurants. Centrally located. Overflow parking could be directed to the mall. · Shared designed costs. Cons County owned property. . Construction costs could be more for a two story facility. Have to deal with County requirements and negotiate a series of agreements. · Complicated project. City would need to lease the land from County. · Parking Agreement - Aventura Mall. Community Recreation Center Site Pros · City owned property. Project can be completed faster by utilizing City procurement process. Shared parking with School and Community Center. · Waterfront location. One story building is less costly to construct. Overflow parking could be directed to the Harbor Center Office Building garage. Memo to City Commission Page 5 Operating costs could be lower by utilizing staff of Community Center. . Would provide opportunities at ACES to expand the drama and music programs. Cons Not centrally located. Located in residential area. . Would have to satisfy County shoreline view corridor requirements. Community Center Site Based on the concerns expressed herein, I requested the project architect to review the Community Recreation Center site to determine if the area could accommodate the construction of the AAC. A powerpoint will be presented at the Commission Meeting that will clearly show that the site can accommodate the AAC and provide a facility that our residents can be proud of and be an asset to the community for years to come. Based on the foregoing it is recommended that the City Commission take action to authorize the City Administration to pursue and utilize the Community Recreation Center site for the Aventura Arts and Cultural Center. This would include finalizing the Architect's Contract and the County's GOB Agreement for placement on the January Commission Meeting. Should you have any questions, please feel free to contact me. EMS! 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I .- wa , . " PROPOSED SITE PLAN ~ ~... -,,-:II ~ <- MASSING STUDY FROM SOUTHWEST . - - ~ ..,. MASSING STUDY FROM NORTH - ~ ~. MASSING STUDY FROM NORTHEAST MASSING STUDY FROM EAST - -=- ...3r" :.-~ MASSING STUDY FROM SOUTH PG!L SECTION BACK OF HOUSE . FF-ICE 8: BA"f.HRGOMS PGAL Recommendation