07-02-1996 Commission/Workshiop Meeting Agenda
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1. -9
CITY OF AVENTURA
1996/97 BUDGET GOALS &
PRIORITIES
T ..
CITY OF AVENTURA
1996/97 BUDGET GOALS & PRIORITIES
GOAL: Implement Revenue Sources to Fund Require Services and Capital
Projects
· Adopt current UMSA millage rate of 2.2270, which will be one of the lowest in
the County. Generate $5,511,000.
· Adopt telephone franchise agreement w~th Bell South. Generate $65,000.
· Adopt gas franchise agreement with Peoples Gas. Generate $30,000.
· Adopt cable tv franchise ordinance to award franchises. Generate $65,000 -
$125,000.
· Adopt solid waste franchise ordinance to insure franchise collection from
existing companies and issue RFP to award franchise for single family and
commercial accounts. Generate $500,000.
· Adopt City Occupational License Ordinance. Generate $300,000.
· Adopt building, development review & engineering permit fee Ordinances
when the City is in a position to provide services. Generate $150,000.
· Adopt code violation fine schedule when the City is in a position to provide
services.
GOAL: Establish Full Service City of Aventura Police Department
· Contract with Metro-Dade from October to April.
· Phase in City Police Department beginning in April.
· Improve visibility of police and institute community policing concepts.
· Utilize foot and bicycle patrols
· Institute citizen crime watch programs and business crime watch programs.
· Form City Manager's Citywide Security Committee comprised
of
representatives from private security companies employed by condominiums
and businesses to interact with Police Department.
Fund state of the art equipment.
Number of employees is estimated to be between 40 and 50.
GO~_'_ Establish Full Service Community Development Department
· Contract with Metro-Dade from October to December.
· Phase in building Inspections and planning activities.
· Begin code enforcement services October 1, 1996.
· Issue occupational licenses for period beginning October 1, 1996.
· Phase in permit issuance process.
· Provide coordination of transportation construction projects and act as liaison
to county, state and federal agencies.
· Fund state of the art computer, mapping and automation equipment.
· Personnel Additions: Building Official
Mechanical Inspector
Electrical Inspector
Plumbing Inspector
Planner
Customer Service
Executive Assistant
GOAL: Privatize the Following Services
· Median/Right of Way Maintenance.
· Building Maintenance.
· Street Maintenance,
· Drainage Maintenance.
· Refuse Collection/recycling.
· City engineer functions.
· Computer/automation consulting.
· Landscape amhitect consulting.
· Vehicle Maintenance.
GOAL: Develop Citywide Shuttle Bus Service
· Review private vs. public run system.
· Develop system for implementation in August 1997.
· Fund Equipment
GOAL: Foster Community Pride and Involvement
· Issue at least 3 newsletters and 1 annual report.
· Issue quarterly progress reports.
· Utilize citizen surveys.
· Fund special events such as July 4th, Founders Day, Arbor Day, cultural
programs and recreational activities.
· Utilize City Boards as a source of advice and input.
GOAL: Develop Citywide Beautification Program
· Prepare Citywide Beautification/Landscape Master Plan.
· Begin to landscape areas included in the Master Plan.
· Replace county street signs with attractive new signs.
· Review the conversion of overhead utility distribution
system to an
underground system.
· Develop plan to continue landscape along the railroad tracks to create barrier
along City limits.
· Eliminate bus bench advertising and replace with more attractive benches.
· Replace bus shelters with more attractive and user friendly units.
GOAL: Develop 5 Year Capital Improvement Pro.qram
· Assess and evaluate City's infrastructure (roads, sidewalks,
bikepaths,
drainage, irrigation system, utility system).
· Prepare Capital Improvement Program to include needed projects and
funding plan to improve the City's infrastructure.
· Review private roads for possible conversion to the City if standards can be
met.
· Develop plan for providing additional street lighting.
· Review possibility of establishing Stormwater Utility Fund to address
drainage problems throughout the city.
· Address safety concerns along bike/walkway paths.
GOAL: Acquire Site(s)
Park/Open Space Areas
Government Center
Police Station
Cultural/Civic Center
to construct Public Facilities and Provide
Passive and active recreational sites.
Prepare overall plan and funding alternatives
· Possible acquisition of protected Mangrove preserve to establish nature
area.
· Acquire 5 acre park site at Hidden Bay from the county.
REGULAR COUNCIL AGENDA
Mayor Arthur L Snyder
Vice Mayor Patricia Rogers,Libert
Councilmember Arthur Berger
Councilmember i Jay Beskin
Councilmember Ken Cohen
Councilmember Harr) Holzberg
Perlow
CITY OF AVENTURA
City Council
Arthur I. Snyder, Mayor
Patricia Rogers-Libert, Vice Mayor
Arthur Berger
Jay Beskin
Ken Cohen
Harry Holzberg
Jeffrey Perlow
COUNCIL MEETING
JULY 2, 1996 - 7 P.M.
CALL TO ORDER/ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES:
AGENDA:
AGENDA
MOTION TO APPROVE MINUTES OF:
REGULAR MEETING JUNE 18, 1996
REQUEST FOR DELETIONS/EMERGENCY
ADDITIONS
SPECIAL PRESENTATIONS: NONE
CONSENT AGENDA
A.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
IMPLEMENTING THE PROVISIONS OF SECTION 286.0115, FLORIDA
STATUTES, (1995) TO ESTABLISH A PROCEDURE GOVERNING EX
PARTE COMMUNICATIONS WITH LOCAL PUBLIC OFFICIALS
CONCERNING QUASI-JUDICIAL MATrERS; PROVIDING ADOPTION
OF QUASI-JUDICIAL HEARING PROCEDURES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (First
Reading)
JULY 2, 1996
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING
FOR CREATION OF THE CITY OF AVENTURA PLANNING AND
ZONING BOARD; PROVIDING FOR CREATION, COMPOSITION AND
QUALIFICATIONS; TERM OF OFFICE; ADVISORY CAPACITY; DUTIES
AND RESPONSIBILITIES; RULES OF PROCEDURE; JURISDICTION;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE. (First Reading)
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
PROVIDING FOR THE CREATION OF THE CITY OF AVENTURA
BEAUTIFICATION AND CULTURAL ARTS ADVISORY BOARD;
PROVIDING FOR CREATION; COMPOSITION AND
QUALIFICATIONS; TERM OF OFFICE; ADVISORY CAPACITY;
RULES OF PROCEDURE; JURISDICTION; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. (First
Reading)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA ADJUSTING THE 1995/96 FISCAL YEAR
OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT "A"
ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
PUBLIC HEARINGS:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING
ORDINANCE CONCERNING ZONING, PURSUANT TO SECTION 8.03
OF THE CITY CHARTER, AMENDING METROPOLITAN DADE
COUNTY ZONING CODE AS APPLICABLE TO CITY OF AVENTURA
TO SUBSTITUTE CITY COUNCIL FOR COUNTY AGENCIES AND
OFFICIALS, DESIGNATING ZONING OFFICIAL, PROVIDING FOR
ZONING COMPLIANCE REVIEW, PROVIDING FOR AUTHORITY OF
CITY COUNCIL; PROVIDING FOR SEVERABILITY, AND AN
EFFECTIVE DATE. (Second Reading)
RESOLUTIONS: NONE
2
JULY 2, 1996
10. REPORTS
· MAYOR AND COUNCIL
· CITY MANAGER
· CITY ATTORNEY
WORK IN PROGRESS
(1) Temporary Sign Ordinance.
11. OTHER BUSINESS
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA ESTABLISHING NOVEMBER 7TM OF EACH
YEAR AS THE CITY OF AVENTURA FOUNDERS DAY;
AUTHORIZING THE CITY MANAGER TO APPROPRIATE FUNDS IN
THE ANNUAL BUDGET TO PLAN ACTIVITIES IN CONJUNCTION
WITH THE COMMUNITY TO CELEBRATE THE OCCASION;
PROVIDING FOR AN EFFECTIVE DATE.
PUBLIC COMMENTS
12.
13. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS
TUESDAY, JULY 16, 1996
TUESDAY, JULY 16, 1996
6 P.M. ZONING HEARING
7 P.M. REGULAR MEETING
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 Manager, at
466-8910, not later than two days prior to such proceeding.
Anyone wishing to appeal any decision made by the Aventura City Council with respect to any matter considered at such
meehng 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 Aventura branch of the Dade County Public Library, 2930 Aventura Boulevard,
Aventura, Florida and at the offices of City Hall at 2999 NE 191st Street, Suite 500, Aventura, Florida 33180. Anyone
wishing to obtain a copy of any agenda item should contact the Office of the City Manager at 466-8910.
3
MINUTES
~ COUNCIL M~ETING
CITY OF AVENTURA, FLORIDA
TUESDAY, JUNE 18, 1996 - 6 P.M,
AVENTURA HOSPITAL MEDICAL ARTS B~HrLDING
21110 BISCAYNE BOULEVARD SUITE
AVENTURA, FLORIDA
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Snyder
at 6:00 p.m. Present were Councilmembers Arthur Berger, Jay Be~ldn. Ken Cohen, Har~y
Holzberg, Jeffrey Perlow, Vice Mayor Patricia Rogers-Libert and Mayor Arthur Snyder. Also
present were City Manager Eric I~L Soroka, City Attorney Richard Jay Weiss and Acfin5 City
Clerk Teresa M. Smith. As a quorum was determined to be presen~ thc meeting commenced.
2. PI.El)GE OF ALLEGIANCE: Mr. Miles Kutfler led the pledge of allegiance.
3. ZONING NF~RINGS:
All witnesses giving ~estimony in the zoning hearings were sworn in by the Acting City
Clerk.
A. HEARING NUMBER 9~-6-ACC-1 (95-~41). The apphcamt, Town Tavern of
Avemura, Inc. and Hoo~ers of Aventura, Inc. requested: 1) a special exception to permit a
berdoungc in connect/on with a restaurant; 2) a special exception of spacing requirements as
apphed to alcoholic beverage uses to p~mit a bar/lounge in a shopping can~ spaced less than
the required 2,500' from a religious facility and school and spaced less than thc required 1,500'
from an existing alcoholic beverage establishment; and 3) an unllsual use to permit outdoor palio
and table service in connexion with a r~taurant locaIcd at 20301 Biscayne Boulcvar&
Mr. Bruce Arthur, 800 Douglas Bnirance, Coral Oablcs; Mr. Reinaldo Viller, Metropolitan
Dade County Ass/starer Dire~or for Zoning and P~i~itting, 111 NWI st Street, Mj~ml; and Mr.
David Lageschulte, 2624 Schreiber Drive, Ft Myer% addressed Council. A motion to approve
the applicant's request was offered by Councilmember Perlow and seconded by Vice Mayor
Rogers-Libert, subject to thc following conditions: 1) as set forth in the County's zonin~
evah~on, with Council's approval of a landscaping plan; 2) as set forth in condition #1 provided
by the County Department of Planning, Development and Regulation; 3) that no plastic or paper
is to be vfili~d outside; and 4) that the mudc may be re-evaluated at any time by Council. The
motion passed unanimously by roll call vote.
B. HEARING NO. 96-6-ACC-2 19~-55ff1. The applicant, Jack Davis, Trustee,
requested: (1) rezoxfing fxom RU-3M to RU-SA and (2) a non-use variance of zoning regulations
requiring interior fights-of-way to be 50' wide; to vary same to permit a fight-of-way of 20' on
the south side of NE 214th Streog or, iil thc alt~Illat/vc (3) llOa-u.~ variance of s~back
requ/rement~ to l~rmit a proposed office build/ng setback I0' from thc side street property line,
located at thc southeast comer of NE 214th Slxeet and East Dix/e Highway. Mr. Peter Weiner,
20300 West Country Club Drive, Mr. Jack Davis, 200 Atlantic Isle, Miata/B~ach and 1Va.
Relna!do Vlilar addres.~d Counoil. A motion was offered by Collllcqlmember Cohen and
seconded by Couneilmember Perlow to d~larc a fwtting of fundamental unfairne~ which would
arise from a strict application of the Comprehensive Plan and to approve the applicant's request
for rezoning from RU-3M to RU-SA and a non-use variance of setback requirements ~o permit
a proposed office building setback 10' from the side street ~roperty line, subject to final sit~ plan
and landsoap/ng approval by Council and relocation of the proposed trash dumpster. Thc motion
pa.ssed 6-1 by roll call vot~, with Coun~lm~mber B~rger voting no.
C. HEARING NO. 964-19(95-6271. As continued ~om the May 7, 1996 Council
meeting, the applicant, Jiffy Lube International, requested a non-use variance of sign regulations
to pemdt 3 wall signs at 19505 Biscayne Boulevard. Jeffrey Olin, Esq., 100 Southeast 2nd,
Street, Minmi~ and George Berlin, 1940 NE 194th Drive, North Miami Beach, addressed Council.
Ha~ring passed tl~ gavel during thc previous heating, a motion was offered by Mayor Snyder and
seconded by Councilmember Holzberg to approve the requested signs, as reflected on the plans
prepared by Sign Craft dated received by the County Zoning Dapatm~cnt on June 18, 1996. The
mo~ion passed, 4-3, with Counc/lmembers Cohen, Berger and Vice Mayor Rogers-Libert voting
no.
Ai%r a five mlnu/e recess, the meeting resumed.
4. APPROVAL O1* MINUTES: A motion was offered by Vic~ Mayor Rogors-Liben and
seconded by Councilmemlx.-r Be~in to approve the minutes of the worlrnhop meeting and regnlnr
meeting of June 4, 1996 with the following amendment to the minutes of the regular meeting:
to clarify Couneilmember Beskin's ~port that his concnma was safety of private driveways passing
over walkways to the timess frail and safety on the south side of the Lehman Causeway. The
motion passed tman/mously and the minutes were approved, as amended.
AGENDA: ~ were no changes to the agend~
6. SPECIAL PRESENTATIONS: None
7. CONSENT AGENDA: A mo~ion to approve the Consent Agenda was made by Vice
Mayor Rogers-Libert, and .seconded by Councilmcallber Cohen. Thc motion pessed ananlmously
by roll call vote and th~ following action was laken:
2
Approved on
Adopted:
Adopte~l:
AN ORDINANCE OF ~ CITY OF AVENTURA,
FLORIDA~ ADOPTING ORDINANCE CONCERNING
ZONING~ PURSUANT TO SECTION 8.03 OF THE CITY
CHARTER, AMENDING METROPOLITAN BADE COUNTY
ZONING CODE AS APPLICABLE TO CITY OF AVENTURA
TO SUB~i'i'i'0'i'/~ ~LI'I'Ir COUNCIL FOR COUNTY
AGENCIES AND OFFICIALS, DESIGNATING ZONING '
OFFICIAL, PROVIDING FOR ZONING COMPI.IA~ICE
REVIEW, PROVIDING FOR AUTHORITY OF cTrY
COUNCIL; PROVIDING FOR SEVERAB~.rFY, AND AN
EFFECTIVE DATE.
RESOLUTION NO. 96-18
A RESOLUTION OF ~ CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA ESTABLISHING
COMPREHENSIVE COUNCIL MEETING AND AGENDA
PROCEDURES; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EF~'~CTIVE DATE.
RESOLUTION NO, 96-19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, ESTABLISHrrqG MONEY
PURCHASE RETIREMENT PLANS BY ADOPTING THE
ICMA RE'IIREMENT CORPORATION PROTOTYPE
MONEY PURCHASE RETIREMENT PLAN AND TRUST
PURSUANT TO THE SPECIFIC PROVISIONS OF
ADOPTION AGI~F. EMENT, A COPY OF WHICH IS
ATTACHED HERETO AND MADE A PART HEREOF AS
EXHIBI~ "A-l, A-2 AND A-3"; AUTHO~IZ~IG THE.
MANAGER TO EXECLrrE SAID PLAN AND TRUST, LOAN
GUIDELINES, AND ADMINISTRATIVE SERVICES
AGI/F.F. MENT ATTACHED HERETO AS EXHIRITS "B,
C-2 AND C-3, D-I, B-2, AND D-3" AUI'HOI/IZL'!qG TI~
CITY MANAGER TO TAKE ALL ACTIONS NECESSARY
TO IMPLEM~.NT THE PLANS; AND PROVIDING AN
EFFECTIVE DATE.
3
Adopted: RESOLUTION NO, 9~.20
A RESOLUTION OF ~ CITY COUNCIL OF ~ CITY
OF AVENTURA, FLORIDA, ESTABLISHING A DEFERRED
COMPENSATION PLAN BY ADOPTING ~ ICMA
RETIREMENT CORPORATION DEFERRED
COMPENSATION PLAN, A COPY OF WHIct4 IS
ATTACHED HERETO AND MADE A PART HEREOF AS
F~HI~IT A; ADOPTING ~ DECLARATION OF TRUST
OF THEICMA~ CORPORATIONATTACi~.D
m~.RETO AND MADE A PART HEREOF AS EXHIBIT B,
AUTHORIZING ~ CITY MANAGER TO EXECUTE ~
ADMINI~'I'HATIVE SERVICES AGI~.~MENT A'I-I'ACHI~.D
H'~.RETO AS EXHIBIT "C" AUTHORIZING ~ CITY
MANAGER TO TAKE ALL AC--ilONS NECESSARY TO
IMPLEMENT ~ PLANS; AND PROVIDING AN
F.J~-io-i~-'rlVE DATE.
Adopted: RESOLUTION NO. 96-21
A RESOLUTION OF THE CITY COUNCIL OF ~ CITY
OF AVENTURA~ FLORIDA AUTHORIZING TI-IE CITY
MANAGER OR IHS DESIGNEE TO TRANSMIT FUNDS TO
~ STATE BOARD OF ADMIKI~TRATION FOR
INVES~ AND TO WlIttVRAW SAID FUNDS AS
REQUIRED; PROVIDING AN EFFECTIVE DATE.
$, PUBLIC HE~RINGS:
A, Mr. Wei~s read the following orrlinnncc by rifle:
AN ORDINANCE OF ~ CITY OF AVENTURA,
FLORIDA, ESTABLISHING THE OPERATING
DEPARTMENTS OF THE CITY; PROVIDING FOR
SEVERABILITY AND AN EFFECiiv-E DATE.
Mayor Snydcr opened the public heagn~ and there being no d/~ussion, closed the public
hearing. A motion to approve the ordinance was offcrcd by Vice Mayor Rogers-Libcr~ and
seconded by Councilmcmbcr Coho_ Thc morion passed nnanlmously by roll call vote and
Ordimmce No. 96-06 was enacted.
B. Mr. Weiss read ~ following ordlnzn~Ce by ririe:
AN ORDINANCE OF THE CITY OF AVENIlIRA~
FLORID~ EST~G GENERAL PURCHASING
REGULATIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPLACEMENT OF PROVISIONS OF
METROPOLITAN DADE COUI~rY CODE SECTION 2-$.1,
ET SEQ., PURSUANT TO CITY CHARTER SECTION $.03;
AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Snydcr opened the public lm..aring and there being no discussion, closed the public
hearing. A motion to approve the ordinance was offered by Coun~ber PerIow and
seconded by Councllmember Cohen with the following amendment: Scctiun 1.B.(iii) to read as
follows: ... Except as cxc-mpted by paragraph (4~ ~ below, ... The motion passed
nnznlmOUSly by roll call vote ~,00rdins~ce No. 96-07 was enac~d.
RESOLUTIONS: None
10. REPORTS:
MAYOR AND COUNCIL:
Vice Mayor Rogcrs-Libert discussed transpor~tion funding and the quahty of services
provided by the County to the City regarding zonin~ hearings.
Councilmembcr Berger discussed green spaces and parks in the City and thc tour of FlU
W be scheduled for Council.
Councilmcmber Cohen discus.scA roadway striping, televising Cotmc/1 meetings and the
employees' benefns package.
Mayor Snydor discussed in d~gl the municipal revenue sharing plan proposed by Dade
County.
12. PUBLIC COMMENTS: (Taken out of order) The following individuals ad&es.sed
Council: June Stevens, 20412 NE Del Vista Court; Ginger Gros.sman, 20100 W. Country Club
Drive; and George Fcffer, 2851 NE 183rd Sl~ee~, Avcntma.
CITY MANAGER: Mr. Soroka updated Cotmcil as to the following items: the new
offices; 4th of July fireworks; right-of-way uenching and excavation permits for cable companies;
establishment of Community Dcvelopmcm Department4 employment applications; Beautification
and Cultural Arts Advisory Board Ordinance; and revenues. He then introduced Robert Shvnnan
as the City's Direct~ of Community Services.
CITY ATTORNEY: Mr. Weiss discussed the attorney's correspondence to Council
regarding occupational license tax; he provided Council sample lcgislalion as to regulation of
5
newsracl~ provided a status as to thc solid waste franchise ordinance and the master transition
agreement
11. OTI~R BUSH'qESS
A. MOTION TO ADOPT STREET LIGHTING SERVICES
POLICY AS FOLLOWS:
STREET LIGHTING SERVICES POLICY - THE ~;ffY OF
AVENTURA SHALL PROVIDE, THROUGH FLORIDA
POWER & LIGHT, AND ASSUME THE COST OF STREET
LIGHTING SERVICES AS THE CITY MANAGER DEF..MS
NECESS~Y IN TH~ PUBLIC RIGHTS~OF-WAY
'l'lt~: BOUND~ OF ~ c~vry, ~ C1'1'~r MANAGER
IS DIREC-rED TO PROVIDE FOR AN ORDERLY
TRANSFER OF THESE RESPONSIBILITIES AND
ASSOCIATED COSTS RELATED TO STI~,wF LIGHTI_~G
IN EXISTING PUBLIC RIGHTS-OF-WAY CURRENTLY
UNDER THE ~JRISDICTION OF NON-GOVERNMENTAL
ENTITLES OR ASSOCIATION.
~ CITY MANAGER IS ALSO AUTHOI~Z~.D TO
INITIATE A STUDY TO DETERMINE AREAS OF THE.
CITY WI~.RE ADDITIONAL STKEET LIGHTING IN
PUBLIC AREAS IS REQUIRED.
A motion for approval was offered by Vice Mayor Rogers-L~¢~t and seconded by
Councilmeml~r Holzbe~ subject to inclusion of the following: Developers of new projects will
bo rcquked to make arrangements with FPL, at their cost, to provide for street lighting with~
pubUc rights-of-way and the City will assume thc ongoing clcc~icity charges once thc street
lights have been installed. Thc motion passed unanimously.
At tho roquest of Roprase~ativc Sally Hoyman, Conacilmember Beskin z-~ounced a
Town Hall meeting to di~uss the 1996 Legislative Report on Monday, Sune 24, 1996 at 7 p,m,
at the McDonald Canter in North Miami Beach.
13. ADJOURNMENT: The~ b~ing no further business to come befor~ Council, after motion
marlo, seconded and ~*n~nlmously passed, the meeting adjourned.
Approvcd by Counvil on the
2nd day of Suly, 1996
Respectfully submitted:
Arthur I. Snyder, Mayor
Teresa M. Smith, CIVIC, Acting City Clerk
6
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
June 27, 1996 ~j
Ordinance Adopting Transitional Ordinance No. 96-02 - Adopting
Quasi-Judicial Procedures
1st Reading July 2, 1996 City Council Meeting Agenda Item '"/,~
2nd Reading July 16,1 996 City Council Meeting Agenda Item
The attached Ordinance readopts transitional Ordinance No. 96-02 which was
previously adopted as an Emergency Ordinance. The Ordinance adopts the City's
Quasi-Judicial Procedures relative to land development and zoning issues.
EMS/ne
CM0030-96
STEPHEN S. BODDEN
L. ROBERT ELIAE~
EDWARD G. GUEDES
STEPHEN *J. HELFMAN
GILBERTO PASTORIZA
WEISS SEROT-t ~ HELF~I~N, P. 3k.
ATTORNEYS AT LAW
~665 SOUTH BA¥SHORE DRIVE
SUITE :~04
MIAMI, FLORIDA 33133
TELEPHONE (305) 1~54-0B00
,.Tune 26, 1996
B ROWAR D OFFICE
888 EAST LAS OLAS BOULEVARD
SUITE
FORT LAUDERDALE~ FLORIDA 3330~
TELEPHONE (305) 763-I 159
eOF COUNSEL
Mr. Eric M. Soroka
City Manager
City of Aventura
2999 N.E. 191 Street
Suite 500
Aventura, Florida 33180
Re: Quasi-Judicial Procedure Ordinance
Dear Eric:
Please place the enclosed Ordinance on the City Council agenda
for first reading on July 2, 1996 and final adoption on July 16,
1996. This ordinance serves to re-adopt and continue transitional
Ordinance 96-02, which expires on July 16, 1996.
We will be subsequently preparing a proposed amendment to this
Ordinance to conform to an amendment to Sec. 286.0115, Fla. Stat.,
as made pursuant to Senate Bill 524, which
law on October 1, 1996.
Sincerely, /
David M. Wolpin
is effective as a
new
DMW\tms\328001
enclosure
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
IMPLEMENTING THE PROVISIONS OF SECTION
286.0115, FLORIDA STATUTES, (1995) TO
ESTABLISH A PROCEDURE GOVERNING EX PARTE
COMMUNICATIONS WITH LOCAL PUBLIC OFFICIALS
CONCERNING QUASI-JUDICIAL MATTERS; PROVIDING
ADOPTION OF QUASI-JUDICIAL HEARING PROCEDURES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Aventura desires to continue the
effectiveness of the provisions of transitional Ordinance No.
96-02, which implemented Section 286.0115, Fla. Stat., 1995, by
establishing a process to disclose ex parte communications
(communications made on behalf of one side only without the
presence of the other side) with local public officials, pending
subsequent amendment to conform to Sec. 286.0115, Fla. Stat.,
(1996) (as effective on October 1, 1996).
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Communications with local public officials (as
defined in Sec. 286.0115(2), Fla. Stat. (1995) regarding quasi-
judicial matters shall be governed by the following procedure:
A. Any person not otherwise prohibited by statute, charter
provision, or ordinance may discuss with any local public official
representing the City of Aventura the merits of any matter on which
action may be taken by any board, council or commission on which
the local public official is a member. Such communication shall
not raise any presumption of prejudice provided that the following
process of disclosure occurs:
1. The subject and substance of any ex parte communication
with a local public official representing the City of Aventura
which relates to quasi-judicial action pending before the official,
as well as the identity of the person, group or entity with whom
the communication took place, is disclosed and made a part of the
record before final action is taken on the matter.
2. A local public official representing the City of Aventura
may read a written communication from any person; however, a
written communication that relates to quasi-judicial action pending
before such official shall be made a part of the record before
final action is taken on the matter.
3. A local public official representing the City of Aventura
may conduct investigations, make site visits and receive expert
opinions regarding quasi-judicial action pending before him or her,
provided that such activities and the existence of such
investigations, site visits, or expert opinions is made a part of
the record before final action is taken on the matter.
4. Disclosure made pursuant to paragraphs (1), (2) and (3)
above must be made before or during the public meeting at which a
vote is taken on such matters, so that persons who have opinions
contrary to those expressed in the ex parte communication are given
a reasonable opportunity to refute or respond to the communication.
Section 2. Unless otherwise provided by law, or by resolution
of the City Council pertaining to a specific matter, quasi-judicial
hearing procedures shall be substantially as follows:
QUASI-JUDICIAL PROCEDURES
City of Aventura,
Purpose
It is the purpose of these rules
Florida
to provide a fair, open and
impartial procedure for the consideration by members of the
City Council of quasi-judicial matters in the course of quasi-
judicial proceedings.
II. Definitions
Applicant An individual, corporation or other
authorized legal entity filing an Application or an
appeal which initiates a quasi-judicial proceeding,
including City Staff and the City Council.
Application - An Application for a site-specific
rezoning, variance, special exception, conditional use
permit, or other request for a quasi-judicial proceeding
or appeal as authorized by the City's zoning ordinance.
C. City Staff - An employee or agent of the City of
Aventura.
D. Member - City Councilmember.
E. Chair - Mayor, unless otherwise provided.
III. Quasi-Judicial Proceedings
A. Legal Representation
Applicants - Applicants may be represented by legal
counsel.
The City Council shall be advised by the City
Attorney.
B. Participants at Hearings
Ail who testify on any Application must sign in and be
sworn by the presiding officer. All persons testifying
subject themselves to cross-examination. Each person,
other than members of City Staff, who address the City
Council shall give the following information:
1. Name; and
2. Address; and
Whether they speak for themselves, a group of
persons, or a third party; if the person says that
they represent an organization, they shall also
indicate whether the view expressed by the speaker
represents an established policy of the
organization approved by the board or governing
body; and
C. Conduct of Hearing
Ail quasi-judicial hearings shall be recorded. A court
reporter may be retained and paid for by any interested
person to transcribe the proceedings. Any person may
order and pay for a transcript of the proceedings. Any
such retained court reporter shall identify
himself/herself to the City Attorney before the hearing.
The order of hearing shall be as follows:
The Chair shall read a preliminary statement once
at the beginning of the quasi-judicial public
hearing agenda, announce the particular agenda
item, and open the public hearing. The Chair shall
conduct the meeting and all questions shall be
through the Chair.
The Applicant, witnesses, City Staff, and all
participants asking to speak shall be sworn
excluding attorneys, unless the attorney intends to
testify.
The Chair shall decide any parliamentary objections
and objections to evidentiary matters with the
advice of the City Attorney.
The City Staff shall present its report, offer it
into evidence, and have it made part of the record.
The Applicant shall present its case.
Participants in support of the Application
present their testimony and any evidence.
shall
Opposition shall have the right to cross-examine
individual speakers.
8. Members may ask questions of any speaker through
the Chair.
9. Participants in opposition to the Application shall
present their testimony and evidence.
10. The Applicant shall have the right to cross-examine
individual speakers.
11. Members may ask questions of any speaker through
the Chair.
12.
City Staff shall be given time for rebuttal, if
requested. City Staff shall be subject to cross-
examination.
13. Any other member of the public may testify and
present evidence, and are subject to cross-
examination.
14.
The Applicant shall be given time for rebuttal, if
requested.
15.
The Chair closes the public hearing. Members shall
discuss the matter in public session and render a
decision. No further presentations or testimony
shall be permitted unless directed by the City
Council.
D. Record of the Hearing
Following the final disposition of the Application, all
evidence admitted at the hearing, the Application file,
all City Staff reports, and the adopted order
promulgating the decision of the City Council shall be
maintained in a separate file constituting the record of
the Application. The record shall be kept in the custody
of the appropriate City Staff at all time during the
pendency of the Application. The record will be made
available to the public for inspection upon request at
any time during normal business hours.
Section 3. Severabilit¥. The provisions of this Ordinance
are declared to be severable and if any section, sentence, clause
or phrase of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases
of this Ordinance but they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding
the invalidity of any part.
Section 4. Effective Date. This Ordinance shall be effective
immediately upon adoption on second reading.
The foregoing Ordinance was offered by
, who
moved its adoption on first reading. The motion was seconded by
Councilmember
, and upon being put to a vote, the vote
was as follows:
Councilmember Arthur Berger
Councllmember Jay Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Councilmember
who moved its adoption on second reading. The motion was seconded
by Councilmember
, and upon being put to a vote, the vote
was as follows:
Councilmember Arthur Berger
Councilmember Jay Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Counc±lmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this
__day of
, 1996.
ATTEST:
ARTHUR I. SNYDER, MAYOR
ACTING CITY CLERK
CITY ATTORNEY
6
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council ty~
Eric M. Soroka, Ci
June 27, 1996
Ordinance Creating Planning and Zoning Board
1st Reading July 2, 1996 City Council Agenda Item
2nd Reading July 16, 1996 City Council Agenda Item
Recommendation
It is recommended that the City Council adopt the attached Ordinance which creates
the City's Planning and Zoning Board. This Board will be advisory in nature and provide
a source of involvement and input for City residents.
Backqround
The attached Ordinance creates a Planning and Zoning Board and was developed
based on input from Councilmember Jeffrey Perlow and Leonard Brenner. In addition,
the items discussed by the City Council at the June 18, 1996 meeting were
incorporated.
The following highlights the major points of this Ordinance:
· Seven member board appointed by the Mayor subject to approval of the City
Council.
· Each member shall be a qualified elector and resident of the City for at least six
months.
· Initial term of office is until November 3, 1997. Thereafter, terms of office for a
period of one year.
· Powers and duties of the Board shall be of an advisory nature.
· The following matters shall be a within the jurisdiction of the Board:
-Variances.
-Special Exceptions.
-Unusual Use Applications.
-Conditional Uses.
-Creation of Zoning Code and Land Development and Code provisions.
-Amendments to zoning map and rezonings.
-Review of administrative interpretations.
· The Board's jurisdiction to matters other than studies will not be effective until
appropriate staff has been retained to provide support services.
If you have any questions, please feel free to contact me.
EMS/ne
CC0028-96
16:17 FAX 305 854 2323 WEISS SEROTA & HELF~I~N ~002
oRDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, PROVIDING FOR THE CREATION OF THE
CITY OF AVENTURA PLANNING AND ZONING BOARD;
PROVIDING FOR CREATION~ COMPOSITION AND
QUALIFICATIONS; TERM OF OFFICE; ADVISORY
CAPACITY; DUTIES AND RESPONSIBILITIES; RULES
OF PROCEDURE; JURISDICTION; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE;
WHEREAS, the City Council desires to create an advtsory body,
to be known as the City of Aventura Planning and Zoning Board, to
provide advice and recom~endations to the City Council on matters
concerning planning, zoning and development.
NOW TMEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Creation, Composition and Qualifications.
A. There i~ hereby created and established the City of
Aventura Planning and Zoning Board, (the "Board") consisting of
seven (7) members who shall be appointed by the Mayor, subject to
the approval of the City Council. Members of the Board shall hold
office at the pleasure of the City Council. Members of the Board
shall- serve without compensation and shall not be reimburse'd for
travel, mileage, or per diem expenses.
B. Each member of the Board shall be a qualified elector of
the City of Aventura who has continuously resided within the City
for the six (6) month period immediately prior to appointment, and
shall not be an employee of the City.
reside within the City L~mits during
shall be deemed to have resigned'as
Any member who ceases to
his or her term of office
of the date of his or her
06/25/96 T~ 16:18 FAX 305 $$4 2323 WEISS SEROTA & HELF~IA~ ~003
change of residence from the City. In the event of the resignation
or removal of any member of the Board, the Mayor shall appoint a
person to fill the vacancy on such Board for the unexpired portion
of the term of the member vacating such office, subject to approval
of the City council.
C. In the event that a member of the Board shall be absent
from a duly-called meeting of the Board for three (3) consecutive
meetings Or in the event that a member has three (3) unexcused
absences in a calendar year, then in that event such member shall
be subject to removal as a member of the Board by vote of two-
thirds (2/3) of the remaining members of the Board.
D. The City Manager shall provide necessary staff support
The City Attorney shall serve as legal advisor to
for the Board.
the Board.
members of the
Te_9_r~ of Office. The initial term of office for
Board shall be from the date of adoption of the
Ordinance creating %he Board until November 3, 1997. Thereafter,
terms of o~fice for members of th~ Board shall be for a period of
one (1) year, with eligibility for reappointment.
Section 3. dvisor Ca acit . Accept as may otherwise be
provided subsequently by Ordinance, the powers and duties of the
Board shall be solely of an advisory nature.
section 4.
A. Rules of Procedurp. The Board shall
procedure not inconsistent with the Ordinances of the City
laws of the State of Florida and shall utilize Robert's
adopt rules of
and the
Rules of
2
06/25/96 TUE 16:18 FAX 305 $$4 2~23 ~EI$$ SEROTA & IiELF~.N ~004
Order recently revised 1990 Edition for the rules of procedure for
the conduct of meetings of the Board. The Board may create
additional rules for the conduct of its internal proceedings.
B. During the first meeting of the Board, the members shall
elect one of their number to act as chairman and may elect a Vic=-
ChaizTaan.
C. Four
transaction of
(4) me~bers shall constitute a quorum for the
business of the Board. Official action shall be
taken by the Board only upon the concurring vote of a majority of
the members present at an official meeting of the Board.
Section 5. Jurisdiction. The jurisdiction of the Board shall
be solely advisory. Action of the Board shall be in the form of a
recommendation of advise to the City Council and City
written
Manager.
A.
The following matters shall be within the advisory
jurisdiction of the Board;
1. All applications for Zoning Public Hearings pursuant to
Dade County Code Se~. 33-311, as made applicable in the City
pursuant to City Charter Sec. 8.03 and City Ordinance No. 96-05,
including but not limited to, the following:
a. Variances including non-use variances and use variances;
b. Special exceptions to the City Zoning Regulations;
c, New uses and unusual use applications;
d. Co~ditiona! uses pursuant to City Zoning Regulations;
e. Creation of City Land Development Code provisions, Zoning
06/25/96 TUE 16:19 FAX 305 854 2325 WEISS SEROTA & HELFMAN ~005
Code provisions, and amendments to existing City Zoning Code
provisions; and
f. Appeal of administrative decisions.
2. Amendments to the Zoning District Maps of the Clty or
rezonings of properties within the City;
3. Potential Zoning Code enactments assigned to the Board by
the City Council for study to assist the City Manager and City
Attorney in preparation of proposed Ordinances for consideration by
the City Council.
4. Other matters of zoning
Board by the City Council.
B. The jurisdiction of the
paragraph 1 and 2 of .Section 5(A)
and planning assigned to the
Board conferred pursuant to
above shall not be effective
until the City Manager certifies that sufficient City of Aventura
staff has been retained to provide support services for the Board's
exercise of such jurisdiction; however, the Beard's authority to
make recommendations to the City Council pursuant to the
jurisdiction conferred by paragraphs 3 and 4 of SeCtiOn 5(A) above,
as to those matters specifically referred to the Board by the City
Council for study, shall commence effective immediately upon
adoption of this Ordinance.
Section 6. All members of the Board shall be subject to the
Standards of Conduct for Public Officers and Employees set by
Federal, Sta~e, County or other applicable law pursuant to City
Charter Section 7.03.
4
06/25/96 TUE 16:19 FAX 305 854 2323 WEISS SEROTA & HELFMAN ~006
Section 7. Severabilit¥. The provisions of this Ordinance
are declared to be severable and if any section, sentence, clause
or phrase of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases
of this Ordinance but they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding
the invalidity of'any part.
Section 8. Effective Date. This Ordinance shall be effective
immediately upon adoption on second reading.
The foregoing Ordinance was offered by Councllmember ,
who moved its adoption on first reading. The motion was seconded
by Councilmember , and upon being put to a vote, the
vote was as follows:
Council~ember Arthur Berger
Councilmember Jay Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Roger~-Libert
Mayor Arthur I. Snyder
offered by Councilmember
The foregoing Ordinance was --,
who moved its adoption on second reading. The motion was seconded
by Councilmember , and upon being put ko a vote, the vote
was as follows:
Councilmember Arthur B~rger
Councilmember Jay Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
CouncilmemDer Jeffrey Perlow
vice Mayor Patricia Rogers-Llbert
Mayor Arthur I. Snyder
5
06/25/96 TL~ 16:20 FAX 505 654 2323 WEISS SEROTA & HELFMAN ~007
1996.
1996.
ATTEST:
PASSED AND ADOPTED on first reading this __
PASSED AND ADOPTED on second reading this
ACTING CITY CLERK
day Of July,
APPROVED AS TO FoRM AND
LEGAL_ SUFFICIENCY:
CITY ATTORNEY
day of July,
ARTHUR I. SNYDER, MAYOR
6
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council y~'"~e
Eric M. Soroka, Cit r
June 27, 1996
Ordinance Creating Aventura
Advisory Board
Beautification and Cultural Arts
Ist Reading July 2, 1996 City Council Agenda Item ~ c..
2nd Reading July 16, 1996 City Council Agenda Item
Recommendation
It is recommended that the City Council adopt the attached Ordinance which creates
the City's Beautification and Cultural Arts Advisory Board. This Board will provide
recommendations relative to City beautification, cultural arts, special events and
recreational activities. This Board will provide a source of involvement and input for
City residents and replace the Beautification Committee.
Background
The attached Ordinance creates a Beautification and Cultural Arts Advisory Board and
was based on input for Councilmember Arthur Berger.
The following highlights the major points of the Ordinance:
· Seven member board appointed by the Mayor based on recommendations made by
the members of City Council, subject to the approval of the City Council.
· Term of office is until November 3, 1998. Thereafter, terms of office is for two
years.
· Each member shall be a qualified elector and resident of the City for at least six
months.
· Guidelines for appointments include expressed interest and/or experience in
landscape design, beautification projects, recreation activities, culture and the arts.
- Powers and duties of the Board shall be of an advisory nature.
The following matters shall be within the jurisdiction of the Board:
· Stimulate greater public awareness and appreciation of the importance of
beautification, recreation and cultural arts in the City.
· Assist in the formulation of special events, recreation activities and cultural
programs.
· Provide recommendations on landscaping and beautification projects.
· Promote the sponsorship of cultural arts and special events by community and civic
organizations.
· Encourage and facilitate opportunities for City residents to participate in various
cultural events and activities.
· Other matters assigned by the City Council or City Manager.
If you have any questions, please feel free to contact me.
EMS/ne
CC0029-96
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
PROVIDING FOR THE CREATION OF THE CITY OF
AVENTURA BEAUTIFICATION AND CULTURAL ARTS
ADVISORY BOARD; PROVIDING FOR CREATION;
COMPOSITION AND QUALIFICATIONS; TERM OF
OFFICE; ADVISORY CAPACITY; RULES OF
PROCEDURE; JURISDICTION; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council desires to create an advisory body, to be known as
the City of Aventura Beautification and Cultural Arts Board, to provide advice and
recommendations to the City Council on matters concerning City beautification, cultural
arts, special events, and recreational activities.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Creation, Composition and Qualifications.
A. There is hereby created and established the City of Aventura Beautification
and Cultural Arts Board (the "Board") consisting of seven (7) members who
shall be appointed by the Mayor, subject to the approval of the City Council.
Each member of the City Council shall recommend an appointment to the
Mayor. Members of the Board shall hold office at the pleasure of the City
Council. Members of the Board shall serve without compensation and shall
not be reimbursed for travel, mileage, or per diem expenses.
B. Each member of the Board shall be a qualified elector of the City of Aventura
who has continuously resided within the City for the six (6) month period
immediately prior to the appointment, and shall not be an employee of the
City. Any member who ceases to reside within the City Limits during his or
her term of office shall be deemed to have resigned as of the date of his or
her change of residence from the City. In the event of the resignation or
removal of any member of the Board, the Mayor shall appoint a person to fill
the vacancy on such Board for the unexpired portion of the term of the
member vacating such office, subject to approval of the City Council. In
members of the Board, the following guidelines shall be
appointing
considered:
1. Expressed interest and/or experience in landscape design and
architecture, beautification projects, recreation activities, culture and
the arts.
2. Evidence of a commitment to serve and act in the best interests of the
citizens of Aventura.
C. in the event that a member of the Board shall be absent from a duly-called
meeting of the Board for three (3) consecutive meetings or in the event that a
member has three (3) unexcused absences in a calendar year, then in that
event such member shall be subject to removal as a member of the Board by
vote of two-thirds (2/3) of the remaining members of the Board.
2
D. The City Manager or his designee shall serve as an ex-officio (non-voting)
member of the Board and provide necessary staff support for the Board.
Section 2. Term of Office. The initial term of office for members of the
Board shall be from the date of adoption of the Ordinance creating the Board until
November 3, 1998. Thereafter, terms of office for members of the Board shall be for a
period of two (2) years, with eligibility for reappointment.
Section 3. Advisory Capacity. The powers and duties of the Board shall be
solely of an advisory nature to the City Council and City Manager.
Section 4. Rules of Procedure. The Board shall adopt rules of procedure not
inconsistent with the Ordinances of the City and the laws of the State of Florida and
shall utilize Robert's Rules of Order recently revised 1990 Edition for the rules of
procedure for the conduct of meetings of the Board. The Board may create additional
rules for the conduct of its internal proceedings.
A. During the first meeting of the Board, the members shall elect one of their
number to act as Chairman and may elect a Vice-Chairman.
B. Four (4) members shall constitute a quorum for the transaction of business of
the Board. Official action shall be taken by the Board only upon the
concurring vote of a majority of the members present at an official meeting of
the Board.
Section 5. Jurisdiction. The jurisdiction of the Board shall be solely advisory.
Action of the Board shall be in the form of a written recommendation of advise to the
3
City Manager.
Board:
The following matters shall be within the advisory jurisdiction of the
Stimulate greater public awareness and appreciation of the importance of
beautification, recreation and cultural arts in the City.
Assist in the formulation of special events, recreation activities and cultural
programs.
Provide recommendations on landscaping and beautification projects.
Promote the sponsorship of cultural arts and special events by community and civic
organizations.
Encourage and facilitate opportunities for City residents to participate in various
cultural events and activities.
Other matters assigned by the City Council or City Manager.
Section 6. All members of the Board shall be subject to the Standards of
Conduct for Public Officers and Employees set by Federal, State, County or other
applicable law pursuant to City Charter Section 7.03.
Section 7. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 8. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Councilmember ,
who moved its adoption on first reading. This motion was seconded by Councilmember
, and upon being put to a vote, the vote was as follows:
4
Councilmember Arthur Berger
Councilmember Jay Beskin
Coun¢ilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Councilmember
who moved its adoption on second reading. This motion was seconded by
Councilmember
., and upon being put to a vote, the vote was as
follows:
Councilmember Arthur Berger
Councilmember Jay Beskin
Coun¢ilmember Ken Cohen
Coun¢ilmember Harry Holzberg
Coun¢ilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libed
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this
PASSED AND ADOPTED on second reading this
day of July, 1996.
day of July, 1996.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M SMITH,
ACTING CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
5
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council y~
Eric M. Soroka, Cit
June 26, 1996
Budget Amendment
July 2, 1996 City Council Agenda Item "/D
Recommendation
It is recommended that the City Council adopt the attached Resolution which amends
the budget to include the position of Receptionist/Information Clerk.
Backqround
This position is needed to answer the switchboard, greet the public, transfer calls,
perform light typing duties, and provide general information to the public. The position
was not anticipated at the time the budget was formulated, due to the uncertainty of the
location of the governmental offices at that time. The annual salary will be $18,200.
The budget amendment includes funding for the three remaining months of the fiscal
year.
If you have any questions, please feel free to contact me.
EMS/ne
CC0027-96
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA ADJUSTING THE 1995/96 FISCAL YEAR
OPERATING AND CAPITAL BUDGET AS OUTLINED IN EXHIBIT
"A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS
OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, upon the periodic review and analysis of current budgetary
commitments and obligations, and based upon the projected needs and requirements
of the City and upon the recommendations of the City Manager (and the concurrence of
the Finance Support Services Director as to Accounting Principles) it is deemed
necessary to adjust, amend and implement the 1995/96 Operating and Capital Budget
as set forth in Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE, BE IT RESOLVED BY THE
OF THE COUNCIL OF THE
MEMBERS
FOLLOWS:
Section 1.
MAYOR AND THE
CITY OF AVENTURA, FLORIDA, AS
The recitals contained in the preamble to this resolution are
incorporated by reference herein.
Section 2. The City Council authorizes the revisions to the current budget as
are set forth on the attached Exhibit "A" which are deemed incorporated by reference
as though set forth in full herein.
Section 3. That the City Manager is authorized to do all things necessary to
carry out the aims of this Resolution.
who
The foregoing resolution was offered by Councilmember ,
moved its adoption. The motion was seconded by Councilmember
, and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTEDthis
day of July, 1996.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH,
ACTING CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
2
EXHIBIT "A"
GENERAL FUND - 01
SOURCE OF FUNDS
DEPARTMENT
ACCOUNT BUDGET
DESCRIPTION CODENO. AMOUNT
CAPITAL OUTLAY
CAPITAL REVENUE 6999
$6,879.00
$6,879.00
$6,879.00
"FROM TOTAL"
TOTALSOURCE OFFUNDS
USE OFFUNDS
OFFICE OFTHE
CITY MANAGER
EMPLOYEE SALARIES 1200
FI CA 2100
PENSION 2200
HEALTH, LIFE & DISABILITY 2300
WORKER'S COMPENSATION 2400
TOTAL USE OF FUNDS
$4,702.00
360.00
564.00
1,220.00
33.00
$6,879.00
Add
RECEPTIONIST/
INFORMATION CLERK
0504
"TO TOTAL" $6.879.00
ClTY OFAVENTURA
OFFICE OFTHE ClTY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council C'~
Eric M. Soroka,
June 14, 1996
Ordinance Adopting Transitional Ordinance No. 96-01 - Adopting
Dade County Zoning Code
Ist Reading June 18, 1996 City Council Meetin.q A.qenda Item
2nd Reading July 2, 1996 City Council Meetinq A.qenda Item
The attached Ordinance readopts transitional Ordinance No. 96-01 which was
previously adopted as an Emergency Ordinance. The Ordinance adopts the Dade
County Zoning Code as the transitional Zoning Code and related procedures.
EMS/ne
0C0015-96
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, ADOPTING ORDINANCE CONCERNING ZONING,
PURSUANT TO SECTION 8.03 OF THE CITY CHARTER,
AMENDING METROPOLITAN DADE COUNTY ZONING CODE
AS APPLICABLE TO CITY OF AVENTURA TO
SUBSTITUTE CITY COUNCIL FOR COUNTY AGENCIES
AND OFFICIALS, DESIGNATING ZONING OFFICIAL,
PROVIDING FOR ZONING COMPLIANCE REVIEW,
PROVIDING FOR AUTHORITY OF CITY COUNCIL;
PROVIDING FOR SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, it is necessary for the City Council of the City of
Aventura to continue to implement procedures for the application of
regulatory jurisdiction by the municipality, including zoning and
planning matters; and
WHEREAS, the City Council finds that the enactment of this
ordinance is necessary so as to protect the public health, safety
and welfare of the residents and inhabitants of the City of
Aventura and to continue to implement the jurisdiction of the City
previously commenced under transitional Ordinance No. 96-01.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AS FOLLOWS:
Section 1. That a zoning and planning transitional ordinance
is hereby adopted to read as follows:
(a) Zoninq Official; County staff; provisions in
~ffect. Chapter 33 of the County Code, Zoning,
as made applicable to the City pursuant to the
provisions of section 8.03 of the City
Charter, is hereby amended to substitute the
City Council in the place and stead of County
officials, boards or committees, including but
not limited to the Board of County
Commissioners, the Director of Planning,
Development and Regulation and the Zoning
Appeals Board, so that all zoning review of
building permit applications, zoning
variances, special exceptions, and other
quasi-judicial action shall be taken by the
Council or by the person or board delegated
such authority by the Council pursuant to
subsection (b). The County staff shall perform
those functions for the City as may be
provided by agreement between the City and the
County. Except as otherwise provided in this
ordinance, the provisions of Chapter 33,
Zoning, of the County Code, as made applicable
to the City to the extent required by section
8.03 of the Charter, shall remain in full
force and effect until otherwise modified or
replaced by the City Council.
(b)
Zoninq compliance review and approval;
standards; authority to qrant variances, etc.
The Council may delegate to an individual or
individuals, or board so designated, from time
to time, by motion, resolution or ordinance,
the authority and responsibility to review and
process all permit applications for zoning
compliance and to show zoning approval by a
stamp or mark with signature on all copies of
applications and plans pursuant to agreement
between Dade County, Florida, and the City of
Aventura, or as otherwise may be subsequently
provided. The standards and criteria set forth
in chapter 33 of the County Code, and as
otherwise provided in the codes, ordinances,
resolutions and laws made applicable pursuant
to section 8.03 of the City Charter, shall
constitute the standards and criteria which
shall govern performance of the duties
delegated pursuant to this section unless
modified by the City Council. The authority of
the Council to grant zoning variances, special
exceptions, or to amend the provisions of the
zoning codes shall not be delegated under this
ordinance.
(c)
Record of zoning compliance review actions;
appeal. A list of zoning compliance review
actions completed by the delegate of the
Council shall be maintained in the Office of
the City Clerk. If any aggrieved applicant or
2
other aggrieved person provides written notice
of the appeal of such action to the City Clerk
within seven days after zoning compliance
review action is taken by the delegate of the
Council, the Council shall within fifteen (15)
days, review such action under the standards
and criteria referenced in this section. The
decision of the Council shall be final,
subject to judicial review by writ of
certiorari to the extent provided by law or
other method of judicial review provided by
law.
Section 2. Severabilit¥. The provisions of this Ordinance
are declared to be severable and if any section, sentence, clause
or phrase of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases
of this Ordinance but they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding
the invalidity of any part.
Section 3. Effective Date. This Ordinance shall be effective
immediately upon adoption on second reading.
The foregoing Ordinance was offered by Councilmember ,
who moved its adoption on first reading. The motion was seconded
by Councilmember , and upon being put to a vote, the vote was
as follows:
Councilmember Arthur Berger
Councilmember Jay Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Councilmember
3
who moved its adoption on second reading. The motion was seconded
by Councilmember , and upon being put to a vote, the vote was
as follows:
Councilmember Arthur Berger
Councilmember Jay Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this
1996.
PASSED AND ADOPTED on second reading this __
1996.
__ day of
day of
ARTHUR I. SNYDER, MAYOR
ATTEST:
ACTING CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
4
CITY OF AVENTURA
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Eric M. Soroka, City Manager
Arthur Berger, Councilmember ~._~
June 25, 1996
Resolution Declaring November 7 as the City of Aventura's Birthday
July 2, 1996 Agenda Item
In order to honor the incorporation of our City, I would like to place on the Agenda for
City Council consideration the establishment of November 7th as the City's birthday. As
part of the resolution, the City Manager should be authorized to budget funds and plan
activities in conjunction with the community for this November to celebrate the
occasion.
AB/ne
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA ESTABLISHING NOVEMBER 7TM OF
EACH YEAR AS THE CITY OF AVENTURA FOUNDERS DAY;
AUTHORIZING THE CITY MANAGER TO APPROPRIATE FUNDS
IN THE ANNUAL BUDGET TO PLAN ACTIVITIES IN
CONJUNCTION WITH THE COMMUNITY TO CELEBRATE THE
OCCASION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Aventura desires to commemorate the
incorporation of the City of Aventura; and
WHEREAS, the City Council of the City of Aventura wishes to establish a special
event each year to celebrate November 7th as the birthday of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE MEMBERS
OF THE COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That the City Council hereby establishes November 7th of each
year as the City of Aventura Founders Day (Birthday).
Section 2. The City Manager is hereby authorized to appropriate funds in the
annual budget to plan activities in conjunction with the community to celebrate the
occasion and do all things necessary to carry out the aims of this Resolution.
Section 3. That this Resolution shall become effective immediately upon its
adoption.
The foregoing resolution was offered by Councilmember Arthur Berger, who
moved its adoption. The motion was seconded by Councilmember
, and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this
day of July, 1996.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH,
ACTING CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
MIAMI DALLY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she is the
Supervisor, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Dada
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
PUBLIC NOTICE OF THE PROPOSED
ORDINANCE OF THE CITY OF
AVENTURA
in the ...................... ~3C3L,~ ....................................... Court,
was published in said newspaper in the issues of
Jul 3 , 1996
Affiant further says that the sold Miami Daily Business
Review is a newspaper published at Miami in said Dade
County, Florida, and that the said newspaper has heretofore
been continuously published in said Dada County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter st the post
office in Miami in said Dada County, Florida, fo~ a period of
one year next preceding the first publication of the attached
copy of 3dverdsement; and affiant further says that she has
neither paid nor promised any persaJ3,~lW~corporation
any dlscou bate commiselo he putposa
of securi this advartisem in the said
Sworn to and subSCribed before me this
3 July 96
........ day of ............................................................ , A.D. 19 ......
/ I o~ i~. C,E,VL , ~^~.~ER i
PUBLIC NOTICE OF THE PROPOSED
ORDINANCE OF THE CITY
OF AVENTURA
NOTICE IS REREBY GIVEN that on T6esday, the 16th day of July,
1996, ~t ~ ~eefln§ Of the City Council Of the cry of AVentura, to be
held at 7:00 p.m. in the Council Mae ng Room a the Aventura Hoapi~
tal Medical Arts Building, 21110 Biscayne Boblevard, Suite 10~;~
Aventufa, Florida, the City Council w i COnsider the adoption of the
~ctlowJng OrdinanCes, entitled:
IMPLEMENTING THE PROVISIONS OF SECTION
286;0116, FLORIDA STATUTES, (1995) TO ESTABLISH A
PROCEDURE GOVERNING EX PARTE COMMUNICA-
TIONS WITH LOCAL PUBLIC OFFICIALS CONCERNING
QUASi-JUDiCIAL MATrERS; PROVIDING ADOPTION OF
QUASI-JUDICIAL HEARING PROCEDURES; PROVIDING
FOR SEVERABIMTY; PROVIDING FOR AN EFFECTIVE
DATE. (First Reading)
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
PROVIDING FOR CREATION OF THE CITY OF AVENTURA
PLANNING AND ZONING BOARD; PROVIDING FOR
CREATION, COMPOSITION AND QUALIFICATIONS; TERM
OF OFFICE; ADVISORY CAPACITY; DUTIES AND RE-
SPONSIBILITIES; RULES OF PROCEDURE; JURISDIC-
TION; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE. (First Reading)
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
PROVIDING FOR THE CREATION OF THE CiTY OF
AVENTURA BEAUTIFICATION AND CULTURAL ARTS AD-
VISORY BOARD; PROVIDING FOR CREATION; COMPO-
SITION AND QUALIFICATIONS; TERM OF OFFICE; ADVI-
SORY CAPACITY; RULES OF PROCEDURE; JURISDIC-
TION; PROVIDING FOR SEVERABILITY; AND PROVIDING
AN EFFECTIVE DATE. (First Reading)
The propased Ordinances may be inspected by the public at the Of-
rice of the City Manager, 2999 N.B. 19~st Street, Aventural Florida,
the Aventura branch of the Dada County Public Library at 2930 Aven-
tura Boulevard, Aventura. Interested parties may appear at the Public
Hearing and be heard with respect to the proposed Ordinance.
Any parsOn w~shir~ to address the City Council on an item at this
Public Hearing is asked to register with the Acting City C{erk prior to
that item being heard. Prior to making a statement, for the record,
please state your name and address.
In accordance with the Americans with Disabilities Act of 1990, all
parsons who are :disabled and who need special accommodations to
pariicipate in this, proceeding because of that disability shodld contact
the Office of the City Manager, 466-8910, not later than two business
days prior to such proceedings.
If a person decides to appeal any decision made by the City Council,
with respect to any r~stter considered at a meeting or bearing, that
parson will. ceed a record of he pr0ceedngs and, for such purpose,
may need to ensure that a verbatim record of the proceedings is
made, Which rscord:inciudes the testim0hy Boo~ evidence upon which
the appeal is to be based.
Dated this 1 stday of July, 1996.
Eric M. Sorbka, City Manager
City of Aventura
(305) 466-8910'
7/3 ~;,~ ' ' 9~'4~)70381M
MIAMI DALLY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dada County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she is the
Supervisor, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA
NOTICE OF PROPOSED ORDINANCE
MEETING - JULY 2, 1996
in the ........................ ]CX'X'X X ..................................... Court,
was published in said newspaper in the issues of
Jun 20, 1996
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami In said Dada
County, Florida, and that the said newspaper has heretofore
been continuously published in said Dede County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
office in Miami in said Dada County, Florida, for a period of
one year next preceding the first publication of the attached
copy of ~dvertlsement; and affiant further says that she has
neither paid nor promised any person orporation
any diSCOU , rebate, commission purpose
20 June 96
........ day of ............................................................ , A.D. 19 ......
......
~'¥ #o~ OF C L
(SEAL) I O~'I''-- ~-/ CHERYL H MARMER [
oofslma v. ,e,~ ~ly~,ow~'m~.°~ .L.,a.a I
I~ ~;~ < CC545384. I
I < OF [%0 APR. 12,2000 I
PUBLIO NOTIO~i~P
THE
OF THE CITY OF AVENTURA
NOTICE IS HEREBY GIVEN that on Tuesday, the 2nd day of July,
' 1996, at a meeting of the City Council of the City of Aventura, to be
held at 7:00 p.m. in th~ Council Meeting Room at the Aventura Hospi-
tal Medical Arts Building, 21110 Biscayne Boulevard; Suite 101,
Aventura, Florida, the City Council will coesldar the adoption of the
following Ordinance, entiited:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ADOPTING ORDINANCE CONCERNING ZONING,
PURSUANT TO SECTION 8.03 OF THE CITY CHARTER,
.AMENDING METROPOLITAN DADE COUNTY ZONtNG
CODE AS APPLICABLE TO CITY OF AVENTURA TO
SUBSTITUTE CITY COUNCIL FOR COUNTM AGENCIES
AND OFFICIALS, DESIGNATING ZONING OFFICIAL,
PROVIDING FOR ZONING COMPLIANCE REVIEW,
PROVIDING FOR AUTHORITY OF CITY COUNCIL;
PROVIDING FOR SEVERABILITY, AND AN EFFECTIVE
DATE.
The proposed Ordinance may be inspected by the public atthe Of-
ice of the City Manager, 2999 N,E. 191st Street, Aventura, Florida,
the Aventura branch of the Dada County Public Ubrary at 2930 Aven-
tura Boulevard, Aventura. Interested parties may appear at the public
Headng and be heard with respect to the proposed O!dinance.
Any person wishing to address the City CouncJI on an item at this
Public Headng is asked to register with the Acting City Clerk pdor to
that item being heard. Pdor to making a statement, for the record,
please state your name and address.
In accordance with the Americans with Disabilities Act of 1990, all
persons who:ere disabled and who need special accommodations to
participate in this proceeding because of that disability should contact
the Office of the City Manager, 466-8910, not later than two business
days prior to such proceedings.
If a person decides to appeal a~y decision made by the City Council,
with respect to any matter considered at a meeting or hearing, that
person will need a record of the proceedings and, for such purpose,
may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which
the appeal is to be based.
Dated this 17th day of June, 1996.
Erie M. Soroka, City Manager
City of Aventura
(305) 466-8910
6/20 g6-4-062073M