07-16-1996 CC Meeting AgendaREGULAR COUNCIL AGE~A
JULY 16. 1996 6 P.M.
CITY OF AVENTURA
WELCOME TO YOUR CITY COUNCIL MEETING
We are pleased that you have demonstrated an interest in the City of Aventura by attending a City
Council meeting. We hope you will attend more of these meetings in the futura.
GENERAL INFORMATION
The City of Aventura was incorporated on November 7, 1995 and operates under the "Council -
City Manager Plan." The City Council is comprised of six members and the Mayor selected by the
residents of Aventura to serve as the City's governing body. It is responsible for adopting
policies of the City, passing ordinances, adopting resolutions, approving various development
requests and adopting the budget. A City Manager is appointed by the City Council to serve as
the administrative head of the government and provides recommendations to the City Council on
policy issues.
The City Council Meeting is a formal meeting of the members of the Council to transact City
business. This business is conducted in a manner prescribed by resolution, laws and
regulations which require formal actions and the following of specific procedures.
The AGENDA is a printed document that lists the order of business for the Council meeting.
GENERAL RULES AND PROCEDURES
Addressinq Council - Members of the public may address the City Council on matters during the
following portions of the AGENDA: Public Hearings, Other Business and Public Comments.
Each person who addresses the Council shall step up to the speaker's podium and give his/her
name and address. Public discussion is limited to three minutes maximum per person, however
the Mayor may allow more time. All questions from the public to the Council shall be addressed
through the Mayor.
Public Comments - Individuals wishing to speak on matters not on the agenda but pertinent to
the city may do so by signing in with the City Clerk prior to the meeting. The Mayor will
recognize those persons who signed in under the agenda item "Public Comments."
Decorum - Any person making impertinent or slanderous remarks or who becomes boisterous
while addressing the Council, shall be barred from further audience before the Council by the
Mayor, unless permission to continue or again address the Council be granted by the majority
vote of the Council. No clapping, applauding, heckling or verbal outburst in support or
opposition to a speaker or his or her remarks shall be permitted. No signs or placards shall be
allowed in the Council chambers. Persons exiting the Council chamber shall do so quietly.
The above represents a summarization of the Comprehensive Council Meeting and Agenda
Procedures Resolution. Copies of this resolution are available from the Office of the City
-~¥1enager.
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 16, 1996 - 6 P.M.
AGENDA
CALL TO ORDER/ROLL CALL
PLEDGE OF ALLEGIANCE
ZONING HEARINGS - SPECIALLY SET BY COUNCIL FOR 6 P.M.
QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following items on the
Council's agenda are quasi-judicial in nature. If you wish to object or comment upon these items, please
indicate the item number you would like to address when the announcement regarding the quasi-judicial
item is made. You must be sworn before addressing the Council, and if you wish to address the Council,
you may be subject to cross- examination. If you refuse to submit to cross-examination, the Council will not
consider what you have said in its final deliberations.
DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS PURSUANT TO ORDINANCE 96-02.
A. HEARING NUMBER: 96-7-ACC-1
APPLICANT:
TURNBERRY COUNTRY CLUB
LOCATION:
19999 WEST COUNTRY CLUB DRIVE
DADE COUNTY, FLORIDA
REQUEST:
(1) MODIFICATION OF A PREVIOUSLY
APPROVED SITE PLAN.
(2) NON-USE VARIANCE OF PARKING
REQUIREMENTS TO PERMIT 800 PARKING
SPACES (1085 PARKING SPACES
REQUIRED).
JULY 16,1996
(3) UNUSUAL USE TO PERMIT OUTDOOR
DINING.
(4) MODIFICATION OF THE AVENTURA
CRITERIA BOOK.
(5) NON-USE VARIANCE OF PARKING
REGULATIONS REQUIRING PARKING
SPACES TO BE LONGER AND WIDER.
APPROVAL OF MINUTES:
MOTION TO APPROVE MINUTES OF:
WORKSHOP MEETING JULY2, 1996
REGULAR MEETING JULY 2, 1996
AGENDA:
REQUEST FOR DELETIONS/EMERGENCY
ADDITIONS
SPECIAL PRESENTATIONS: NONE.
CONSENT AGENDA
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING
FOR THE ESTABLISHMENT OF OCCUPATIONAL LICENSE TAX;
PROVIDING FOR TERM OF LICENSES; PROVIDING FOR AFFIDAVIT
OF APPLICANT; PROVIDING FOR LICENSE NOT TO PROTECT
LICENSEE IN COURT PROCEEDINGS; PROVIDING FOR PENALTIES;
PROVIDING FOR GROUNDS FOR DENIAL; PROVIDING FOR APPEAL
FROM DENIAL OF LICENSE; PROVIDING REVOCATION OF LICENSE;
REQUIRING DISPLAY OF LICENSE; PROVIDING FOR UNCLASSIFIED
CATEGORIES; REQUIRING OCCUPATIONAL LICENSES FOR
BUSINESS USES CONDUCTED FROM RESIDENTIAL HOMES;
ESTABLISHING OCCUPATIONAL TAX SCHEDULE LICENSE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPLACEMENT
OF OCCUPATIONAL TAX PROVISIONS PROVIDED BY METRO DADE
COUNTY CODE SEC 8A-224, ET. SEQ. AND AN EFFECTIVE DATE.
(First Reading)
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING
FOR A BUILDING MORATORIUM ON ISSUANCE OF DEVELOPMENT
ORDERS AND DEVELOPMENT PERMITS UPON CLASS "C"
2
JULY 16,1996
COMMERCIAL ADVERTISING SIGNS (INCLUDING BILLBOARDS"
WITHIN THE CITY LIMITS OF THE CITY OF AVENTURA; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPLACEMENT OF
MORATORIA PROVISIONS OF SECTION 33-319, ET SEQ. OF THE
METROPOLITAN DADE COUNTY CODE FOR THE CLASS "C" SIGN
MATTERS ADDRESSED HEREIN. (First Reading)
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA ADOPTING
A PORTION OF THE SIGN CODE OF AVENTURA, FLORIDA
PROVIDING FOR THE REGULATION OF TEMPORARY POLITICAL
SIGNS; PROVIDING FOR REMOVAL OF IMPROPER SIGNS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTIES;
PROVIDING FOR REPLACEMENT OF COUNTY TEMPORARY
POLITICAL SIGN REGULATIONS; PROVIDING FOR AN EFFECTIVE
DATE. (First Reading)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, SELECTING THE FIRM OF O'LEARY DESIGN
ASSOCIATES, P.A. TO PERFORM PROFESSIONAL LANDSCAPE
ARCHITECT SERVICES FOR THE CITY; ACCEPTING AND
OTHERWISE AUTHORIZING THE CITY MANAGER OF THE CITY OF
AVENTURA, FLORIDA, ON BEHALF OF SAID CITY, TO NEGOTIATE
THE TERMS AND FEES FOR SAID WORK; AUTHORIZING
NEGOTIATION WITH ALTERNATE FIRMS TO PERFORM THE
REQUIRED SERVICES SHOULD NEGOTIATIONS WITH SELECTED
FIRM BE UNSUCCESSFUL; AND PROVIDING AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, SELECTING THE FIRM OF KEITH AND
SCHNARS, P.A. TO PERFORM GENERAL PROFESSIONAL
ENGINEERING SERVICES FOR THE CITY; SELECTING THE FIRM OF
C.A.P. ENGINEERING SERVICES TO PERFORM BUILDING
INSPECTION SERVICES; AUTHORIZING THE CITY MANAGER OF
THE CITY OF AVENTURA, FLORIDA, ON BEHALF OF SAID CITY, TO
NEGOTIATE THE TERMS AND FEES FOR SAID WORK;
3
JULY 16,1996
AUTHORIZING NEGOTIATION WITH ALTERNATE PROFESSIONAL
ENGINEERING FIRMS TO PERFORM THE REQUIRED SERVICES
SHOULD NEGOTIATIONS WITH SELECTED FIRM BE
UNSUCCESSFUL; AND PROVIDING AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, DESIGNATING THE RHODES INSURANCE
GROUP AS THE CITY'S GROUP INSURANCE
BROKER/CONSULTANT; AUTHORIZING THE CITY MANAGER OF
THE CITY OF AVENTURA, FLORIDA, ON BEHALF OF SAID CITY, TO
EXECUTE AN AGENT OF RECORD LETTER; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE
PUBLIC HEARINGS:
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 MATFERS; PROVIDING ADOPTION
OF QUASI-JUDICIAL HEARING PROCEDURES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. (Second
Reading)
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING
FOR THE CREATION OF THE CITY OF AVENTURA BEAUTIFICATION,
RECREATION 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. (Second Reading)
RESOLUTIONS: NONE
4
10.
JULY 16,1996
REPORTS:
· MAYOR AND COUNCIL
· CITY MANAGER
· CITY ATTORNEY
(i) Status Report
11. OTHER BUSINESS:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA AMENDING RESOLUTION NO. 96-18 WHICH
DID ADOPT THE COMPREHENSIVE COUNCIL MEETING AND
AGENDA PROCEDURES; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
12. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS:
THURSDAY, AUGUST 1, 1996 ADOPT TENTATIVE MILLAGE RATE
TUESDAY, AUGUST 20, 1996 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 no later than two days prior to such proceeding.
Aoyone wishing to appeal any decision made by the Aventura City Council with respect to any matter considered at such
meet/ng 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.
5
6/3/96
AVENTURA CITY COUNCIL
TUESDAY, JULY 16, 1996 at 6:00 p.m.
AVENTURA HOSPITAL MEDICAL ARTS BUILDING
21110 BISCAYNE BOULEVARD, SUITE I01, AVENTURA , FLORIDA
1. 96-7-ACC-1 TURNBERRY COUNTRY CLUB 95-660 34-51-42 N
1. TURNBERRY COUNTRY CLUB 96-7-ACC-1
(Applicant)
Property Owner (if different from applicant) Same.
Is there an option to purchase [] / lease [] the property predicated on the approval of the zoning request? Yes
[] No I~
Disclosure of interest form attached? Yes [] No []
Previous Zoning Hearings on the Property:
Year Applicant Request Board Decision
1968 Phelan Appeal of an Admm. Dec. ZAB Approved
1969 Donarl Various Z/C CC Approved
1970 Donarl' RU-4A to BU-2 CC Approved
1970 Donarl S.E. for residential use in BU zone. ZAB Approved
1971 Donarl Modify previous resolution. ZAB Approved
1972 Donarl Modify previous resolution. ZAB Approved
1973 Donarl Modify previous resolution. ZAB Approved
1974 Donarl Modify previous resolution. ZAB Approved
1977 Aventura' Modify previous resolution. ZAB Approved
1987 Turnberry Country Club Modify previous resolution. ZAB Approved
1989 Tumbeny Country Club Modify previous resolution. CC Approved
Action taken today does not constitute a final development order, and one or more concurrency determinations will
subsequently be required. Provisional determinations or listings of needed facilities made in association with this
Initial Development Order shall not be binding with regard to future decisions to approve or deny an Intermediate or
Final Development Order on any grounds.
BACKGROUND INFORMATION
ENFORCEMENT HISTORY
Tumberry Country Club
19999 West Country Club Dr.
Dade County. Florida
APPLICANT
ADDRESS
July 16, 1996
95-660
DATE
HEARING NO.
CURRENT ENFORCEMENT:
NO CURRENT ENFORCEMENT ACTION.
HEARING NO 96-7-ACC- I (95-660) 34-51-42
District 4
APPLICANT: TURNBERRY COUNTRY CLUB
(1)
MODIFICATION of plans approved pursuant to Resolution 4-ZAB-253-77. passed and adopted b~
the Zoning Appeals Board on the I Ith day of Jul3', 1977 and last modified by Resolution Z-5-8~.
passed and adopted by the Board of County Commissioners on the 13th day' of February. 1989. said
plan identified as follows:
FROM: "'Renovations to Tumberry Isle Country Club,' as prepared by Nichols Partnership,
consisting of 4 sheets and dated received 12-13-88 and 'Survey,' as prepared by Manuel
G.Vera and Assoc., IncJ, dated received 12-13-88, consisting of 2 sheets."
TO: "~rumberry Isle Resort & Country Club - Site Development Plan," dated received Ma)' 24,
1996, consisting of 2 sheets and a plan entitled ~Fumberry Isle Resort & Country Club.'
dated received Dec. 7, 1995, consisting of 6 sheets; all prepared by Brosch-San~loval &,
Assoc., Inc."
The purpose of this request is to permit the submittal of new plans sho~/ng rev/sions to the emstmg
country, club vdth an increase of 128 routs in the proposed hotel.
(2) NON-USE VARIANCE OF PARKING REQUIREMENTS to pemUt 800 parking spaces (1,085
parking spaces reequired).
(3) UNUSUAL USE to permit outdoor dining.
(4)
MODIFICATION of a portion of Condition #2 of Resolution Z-50-69, passed and adopted by the
Board of Count5' Comn'Ussioners on the 20th day of February, 1969 and last modified by Resolution
Z-5-89, passed and adopted by the Board of County ConUmssioners on the 13th day of February,
1989 only as it applies to the subject property:
FROM: ZONING REGULATIONS FOR COMMERCIAL PARCEL "S"
Pemutted Uses:
Principal: Clubs and Hotel
Accessory: BU-2
100,000 sq. ft.
Minimum Lot Frontage:
200 ft.
Minimum Setbacks:
Front: 25 fi.
Side: 20 R.
Rear: 0 ft.
Interior: 0 ft.
Adjoining RU use: None
CONTINUED ON PAGE TWO
HEARING NO 96-7-ACC-I (95-66(0
APPLICANT: TURNBERRY COUNTRY CLUB
34-51-42
District 4
PAGE TWO
Mimmum Distance
between buildings: 0 ff.
Maximum Height of Buildtngs:
7 Stories or 92.33 fl.
(Sec. 3'3-57 and 33-58 do not apply)
M~ximum Floor Area Raho:
5to 1
Parking Requirements:
Sec. 33-124 shall apply.
TO: ZONING REGULATIONS FOR COMMERCIAL PARCEL "S"
Permitted Uses:
Principal: Clubs and Hotel
Accessory: BU-2
Minimum Lot Area:
100,000 sq. ff
Minimum Lot Frontage:
200 fl.
Minimum Setbacks:
Front: 25
Side: 1~0 ft.
Rear: 0 ff.
Interior: 0
Adjoining RU use: None
Minimum Dkvtance
between braidings: 0 ft.
Maximum Height of Buildings:
1_.[ Stories or 141'
(Sec. 33-57 and 33-58 do not apply)
Maximum Floor Area Ratio:
5tGI
Parking Requirements:
Sec. 33-124 shall apply.
The purpose of the above request is to pemUt the proposed hotel with a greater height and a reduced
setback than allowed by the criteria book.
REQUESTS #14 ON EXHIBFF "A".
CONTINUED ON PAGE THREE
HEARING NO 96-7-ACC-1 (95-660) 34-51-42
District 4
APPLICANT: TURNBERRY COUNTRY CLUB
PAGE THREE
(5) NON-USE VARIANCE OF PARKING REGULATIONS requiring parking spaces to bc 8.5' wide
by 18' long; to vary same to permit certain spaces to be 7.5' wide by 15' long.
REQUEST #5 ON EXHIBIT "B".
The aforementioned plans are on file and ma3' be exarmned in the Zoning Department. plans may be
modified at public hearing
SUBJECT PROPERTY: EXI-I/BIT "A": AVENTURA, 10th ADDITION, Plat book 136, Page 92.
EXHIBIT "B": A portion of Tract "E", AVENTURA SECOND ADDITION, Plat book 99, Page 21.
being more particularly described as follows:
Begin at the Southwest comer of said Tract "E"; thence along the S/ly & E/ly boundary of said Tract "E"
for the ne.ct two courses; thence N87°19'28"E for 266'; thence N2°40'32Wv' for 645.01'; thence
S87°19'28"W for 266' to a point on the W/ly boundary of said Tract "E"; thence S2°40'32"E along the
W/ly boundary of said Tract "E" for 645.01' to the Point of beginning
LOCATION: 19999 W. Country Club Drive, Aventura, Florida.
SIZE OF PROPERTY: 19 Acres
PRESENT ZONLNG: BU-2 (Business - Special)
AGENDA ITEM 1
HEARING NO.: 96-7-ACC-1
HEARING DATE: 7/16/96
PH #: Z95000660
O
O
CITY OF AVENTURA
ZONING SUMMARY
EXISTING ZONING AND LAND USE:
Subject property: BU-2; Tumberry Resort and Country Club
Surrounding property:
North:
East:
South:
West:
GU; golf course
GU; golf course
GU; golf course
BU-2; parking lot
Size of property: 15 Acres.
SUMMARY:
The subject property is zoned BU-2; Special Business District and is located at 19999
West Country Club Drive. The applicant is seeking modification a portion of a condition
and modification of plans previously approved at public hearing in order to expand the
existing country club with an increase of 128 units in the proposed hotel and with a
greater height and reduced setback. Also requested are companion non-use variances of
parking to permit 126 less parking spaces than is required, to permit certain parking
spaces to be smaller in size than required and an unusual use to permit outdoor dining.
Staff supports this application, subject to additional conditions. The proposed
modifications include a revision of approved plans to replace 70 previously proposed
two-story villas with the expansion from 5 stories to 11 stories of the hotel located on the
northeasterly portion of the site. Said expansion results in an increase of 128 units, 56
more units than previously approved and increases by 4 stories the maximum height of
buildings permitted by the Criteria Book for development passed pursuant to Resolution
Z-50-69, last modified by Resolution Z-5-89. Staff offers no objection to the requested
modifications to replace the previously requested villas with the hotel expansion as the
style of the hotel is compatible with the two existing hotels on the site. In addition, the 11
story height of the proposed hotel is compatible with the size of hotels and condominiums
in the immediate surrounding area. The 10' reduction in the side setback for the hotel will
not be detrimental to the area since the hotel faces the Tumberry golf course which will
not be impacted by the reduced setback.
ZONING EVALUATION
AGENDA ITEM 1
HEARING NO.: 96-7-ACC-1
HEARING DATE: 7/16/96
PAGE TWO
Although the Public Works Department objects to the application as it pertains to the
parking variances to permit 250 fewer than permitted parking spaces, staff feels that
special circumstances exist with this application that merit special consideration of this
request. The uses at the country club, including the golf course are private and for the
most part are not open to the public. The overall required parking is computed based
upon each individual use in the hotel and country club, however, staff has taken into
consideration that the use of the facilities often involves duplication of use by the same
people. Also, events at the club with outside guests often occur during evening hours
when the golf course is closed, thereby freeing up additional parking for these events.
Further, the applicants indicate that parking will not pose any parking problems since
many of the hotel guests arrive by limo, taxi or other forms of public transportation and
the dining facility in the tower will not attract outside business since it is available only to
members of the club. However, to minimize any impact on the surrounding area, staff
recommends that in the event that these variances are approved, certain conditions shall be
imposed, namely that the Certificate of Use and Occupancy for the proposed hotel be
renewable annually so that the Department can monitor the parking situation, and that in
the event that the Department determines that the lack of required parking becomes
detrimental to the surrounding area, the site shall be required to comply with minimum
parking standards. In this event, parking remedies available to the applicant include
increasing the size or the or number of levels of the parking garage or providing parking
within 300' of the subject property with a cross parking agreement in accordance with
Section 33-128 of the Zoning Code.
Staff feels that request #3 for an unusual use to permit outdoor dining is acceptable as the
site plan submitted as part of this heating reflects an outdoor dining area which is located
internally within the site and oriented towards the golf course. It will also allow patrons to
enjoy the outdoors in an environment which is compatible with the design of the hotel
building. Staffhas no objection to approval of request #5 to permit smaller than permitted
parking spaces and feels that it will not be particularly detrimental to the area since the
existing compact parking spaces are located in the lot across West Country Club Drive,
which is used primarily for overflow parking. The Public Works Department also has no
objection to this variance of parking regulations. Additionally, the proposed development
meets the LOS standards set forth in the CDMP for potable water supply, wastewater
disposal and flood protection, subject to compliance with the conditions stipulated by
DERM. Overall, when considering the necessity for and reasonableness of the variance
requests in relation to the present and future development of the area concerned and the
compatibility of the applied for variance requests with such area and its development, staff
feels that the approval of this application, subject to the additional conditions enumerated
herein, will not have an unfavorable effect on the surrounding community.
ZONING EVALUATION
AGENDA ITEM 1
HEARING NO.: 96-7-ACC-1
HEAR/NG DATE: 7/16/96
PAGE THREE
0
0
RECOMMENDATION: Approval subject to additional conditions.
CONDITIONS:
That the applicants obtain a Certificate of Use and Occupancy from, and promptly renew
the same annually with the Department, upon compliance with all terms and conditions,
the same subject to cancellation upon violation of any of the conditions.
In the event that the Director determines that lack of required parking becomes
detrimental to the surrounding area, the site shall be required to comply with minimum
parking standards.
That the outdoor patio dining use be operated solely as an accessory use to the restaurant,
and if the restaurant use is terminated, the outdoor patio dining use will automatically
expire.
That the operating hours for the outdoor patio dining use not extend beyond those for the
restaurant.
DATE INSPECTED: 5/10/96
DATE TYPED: 7/10/96
DATE REVISED:
DATE FINALIZED: 7/11/96
RGV:AJT:NEH
Reinaido G Villar, Acting Assistant Director
Zoning and Permitting Division
Metropolitan Dade County Department of
Planning, Development and Regulation
This item has been reviewed and approved for consistency with the standards of Ordinance
#89-66, adopted on July 11, 1989, which established Dade County's Concurrency Management
Program.
Action taken today does not constitute a final development order, and one or more concurrency
determinations will subsequently be required. Provisional determinations or listings of needed
facilities made in association with this Initial Development Order shall not be binding with regard
to future decisions to approve or deny an Intermediate or Final Development Order on any
grounds.
PH:95-660
METROPOLITAN DADE COIR~TY DEPARTNENT OF PLANNING, DEVELOPMENT AND REGULATION
RECOS~ENDATION TO THE AVEi~Tu~A CITY COUNCIL
APPLICANT Turnberry Country Club
SECTION 34-51-42
CO~ISSION DIS~ICT 4
DATE: July 16, 1996
F~%B HFS%RING ITEM NO.96-7-ACC-1
GENERAL INFORMATION
P~EQI/EST
pURPOSE
LOCATION
EXISTING ZONING AND I2LN-D USE
1. Modification of 9 previously approved site plan.
2 Non-Use Variance of Parking Requirements to permit 800 parking
spaces (1085 parking spaces required).
3 Unusual Use to permit outdoor dining.
4 Modification of the Aventura Criteria Book.
5. Non-Use Variance of Parking Regulations requiring parking spaces
to be 8.5' wide by 18' long; to vary same to permit certain
spaces to be 7.5' wide by 15' lone.
To permit an additional 128 quest rooms in conjunction with an
existing 272 guest room hotel for a total of 400 rooms.
19999 West Country Club Drive SIZE 19 acres
SUB0]~CT PROPERTY BU-2,
SUI~ROL~qDING PROPERTY
NORTH
SOUTH
EAST
~EST
Turnberry Country Club
BU-2, Turnberry Country Club
BU-2, Turnberry Country Club
BU-2, Turnberry Country Club
BU-2, Turnberry Country Club.
COMPP~E~KNSIVE D~gELOpS~ENT b~%STHR PI~%N and/or SPECIAL S~3DIES
The Adopted 2000 and 2010 Land Use Plan designates the
for parks and recreation.
subject property
APPROVAL WITH ONE CONDITION
Turnberry Country Club
SECTION 34-51-42
ZAB HEARING 1T~m4 NO. 96-7-ACC-1
CO~4ISSION DIS~RICT 4
-2-
PH: 95 660
July 16, 1996
CONDITIONS
That the applicants submit to the Planning Division for its review and
approval a landscaping plan which indicates the type and size of plant
material prior to the issuance of a building permit and to be installed
prior to issuance of any certificate of occupancy.
ANALYSIS
The subject application would permit an increase of 128 additional hotel
rooms in conjunction with the existing hotel located within the 19-acre
Turnberry Country Club. This is an all inclusive hotel resort which has
multiple amenities such as a tennis club, golf course, country club,
restaurant, pool and the like. The site is zoned commercial (BU-2) and is
designated for Parks and Recreation on the 2000 and 2010 Land Use Plan
map. The request is consistent with Dade County's Master Plan.
The additional 128 rooms will bring the total number of rooms provided on
this site for hotel use to 400. The proposed hotel will be 10-stories in
height and will be located on the west side of the property, adjacent to
the existing club and to the tennis courts. There is a 26-story
condominium tower located to the north, with a golf course and a proposed
26-story condominium to the south. The hotel will be located interior to
the property. The additional units triggers a parking variance of
200-plus parking spaces. There are currently 800 parking spaces which
conform to the original parking requirements. The current off-street
parking requirements are more stringent and do not allow for compact
parking spaces (7.5' wide by 15' deep). Request #5 of this application
would permit the continued use of the aforementioned compact parking
spaces. Staff recommends approval of the required parking variance.
Although this variance might appear somewhat excessive, the variance is
off-set by the use of the site. One who visits this resort will stay at
the hotel, utilize the golf course and tennis complex and eat at the
restaurant, all of which parking is calculated on an individual use basis.
As a result, you have one party (car) utilizing four uses. The applicant
intends on abating the west parking lot located on the west side of West
Country Club Drive and construct a 3-level parking garage on the east lot.
Nevertheless, there is currently sufficient on-site parking to accommodate
this use. The requested unusual use to permit outdoor dining should
likewise be approved. This ubiquitous request is commonly requested in
conjunction with restaurants throughout Dade County, especially when
associated with resorts of this nature. Accordingly, the Planning
Division recommends approval of this application.
GEO:EES
DATE ~-fPED:6/14/96
DATE P~VISED:7/8/96
MEMORANDUM
TO:
Reinaldo Villar DATE:
Assistant Director
Department of Planning, SUBJECT:
Development and Regulation
FROM: Alyce M. Robertson~°C~-~ ~/-u_
Assistant Director ·
Environmental Resources Management
20-MAR-1996
ZAB #Z95000660
TURNBERRY COUNTRY CLUB
19999 W. COUNTRY CLUB DR
Mod. of Resolution to increase the
proposed hotel (BU-2) (15 Ac)
34-51-42
DERM has reviewed the subject application and has determined that it
meets the minimum requirements of Chapter 24 of the Code of
Metropolitan Dade County, Florida. Accordingly, the application may
be scheduled for public hearing. DERM has also evaluated the request
insofar as the general envirornnental impact that may derive from it
and based upon the available information offers no objection to its
approval.
POTABLE WATER SUPPLY & WASTEWATER DISPOSAL
Public water and public sanitary sewers can be made available to this
property. Therefore, DERM will require connection to the public
water supply and public sanitary sewer systems.
Existing public water and sewer facilities and services meet the
Level of Service (LOS) standards set forth in the Comprehensive
Development Master Plan (CDMP). Furthermore, the proposed
development order, if approved, will not result in a reduction in the
LOS standards subject to compliance with the conditions required by
DERM for this proposed development order.
Notwithstanding the foregoing, in light of the fact that the County's
sanitary sewer system has limited sewer collection/transmission and
treatment capacity, no new sewer service connections can be permitted
until adequate capacity becomes available. Consequently, final
development orders for this site may not be granted unless adequate
capacity in the sanitary sewer collection/transmission and treatment
system is available at the point in time when the project will be
contributing sewage to the system or if approval for alternative
means of sewage disposal can be obtained. Use of an alternative
means of sewage disposal shall be an interim measure, with connection
to the public sanitary sewer system required upon availability of
adequate collection/transmission and treatment capacity.
WATER MANAGEMENT
Ail stormwater runoff must be retained on-site utilizing properly
designed seepage or infiltration drainage structures. Oil and grease
separators shall be required on all drainage inlet structures. If
the project has greater than 40% impervious area, it will be required
that the first half inch of runoff be treated before excess runoff is
discharged into the aquifer.
Any proposed development shall comply with County and Federal flood
criteria requirements. The proposed development order, if approved,
will not result in a reduction in the Level of Service standards for
flood protection set forth in the Comprehensive Development Master\,~
Plan subject to compliance with the conditions required by DERM for
this proposed development order.
TREE PRESERVATION
Section 24-60 of the Code requires the preservation of tree
resources. A Dade County tree removal permit is required prior to
the removal or relocation of any trees. The applicant is advised
to contact DERM staff for permitting procedures and requirements
prior to development of site and landscaping plans.
SOLID WASTE
The subject site does not appear to be within the boundaries of any
known former disposal site. However, this general area has been in
the past subject to unauthorized landfill. Accordingly, the
development of this property will require conditional approval from
the Hazardous Waste Section, Solid Waste Disposal Program of DERM at
the time of building permit. Said conditional approval permit will
provide that the developer shall cease construction activities and
immediately notify DERM upon encountering areas of former solid waste
disposal.
COASTAL
A Class I permit for work in tidal waters will be required for any
proposed work on, over or upon tidal waters including but not limited
to seawalls, mangrove trimming or removals, etc.
Furthermore, the following comments are also offered as they contain
Code requirements which are applicable to certain land uses permitted
in the underlying zoning classification.
FUEL STORAGE FACILITIES
Section 24-12.2 of the Code outlines regulations for all proposed and
existing underground storage facilities. The regulations provide
design, permitting, installation, modification, repair, replacement
and continuing operation requirements and criteria. In addition,
monitoring devices, inventory control practices and pressure testing
of fuel storage tanks is required. The Storage Tank Section of DERM
should be contacted for permitting requirements in this regard if any
fuel storage facilities are proposed.
HAZARDOUS MATERIALS MANAGEMENT
Due to the nature of uses allowed in the existing zoning
classification, the applicant may be required to obtain DERM approval
for management practices to control the potential discharge and
spillage of pollutants associated with some land uses. The Hazardous
Facilities Section of DERM should be contacted for further
information on required management practices for certain land uses
permitted under the existing zoning classification.
OPERATING PERMITS
Section 24-35.1 of the Code authorizes DERM to require operating
permits for facilities that could be a source of pollution. The
applicant should be advised that the requested use of the subject
property may require an operating permit from DERM. It is therefore
.suggested that the applicant contact DERM concerning operating permit
requirements.
CONCURRENCY REVIEW SUMMARY
The Department has conducted a concurrency review for this
application and has determined that the same meets all applicable
Levels of Service standards for an initial development order, as
specified in the adopted Comprehensive Development Master Plan for'
potable water supply, wastewater disposal and flood protection.
Therefore, the application has been approved for concurrency subject
to the comments and conditions contained herein.
This concurrency approval does not constitute a final concurrency
statement and is valid only for this initial development order as
provided for in the adopted methodology for concurrency review.
Additionally, this approval does not constitute any assurance that
the LOS standards would be met by any subsequent development order
applications concerning the subject property.
In ~ summary, the application meets the minimum requirements of Chapter
24 of the Code and therefore, it may be scheduled for public hearing;
furthermore, this memorandum ~shall constitute DERM's written consent
to that effect as required by the Code. Additionally, DERM has also
evaluated the application so as to determine its general
environmental impact and after reviewing the available information
offers no objections to the approval of the request.
cc: A1 Torres, Zoning Evaluation - PDR
Skip Scofield, Zoning Review - PDR
PUBLIC WORKS DEPARTMENT COMMENTS
Pm# 95-660
Rev. 1
Aventura
City Council
Applicant's Name: Turnberry Country Club
This Department objects to the parking variance to reduce the D,,mher of parking stalls
to 800, 1085 required.
Denial of parking variance to permit parking spaces to be 7.5' wide and 15'
Standard parking stalls are 8 1/2 feet by 18 feet.
Ramp slopes to parking garage maF not exceed 15%.
long.
This application does meet the traffic concurrency criteria for an Initial Development
Order. It will generate 97 PM daily peak hour vehicle trips. The traffic distribution
of these trips to the adjacent roadways reveal that the addition of these new trips
does not exceed the acceptable level of service of the following roadways:
Existing Traffic
NE 192nd St. e/o Biscayne Blvd. has a maximum capacity of LOS #E" of 3110 vehicles
during the P.M. Peak Hour. It has a current Peak Hour Period (PHP) of 1649 vehicles
and 1315 vehicles have been assigned to this section of road from previously approved
Development Orders. NE Z92nd St. with its 2964 PHP and assigned vehicles is at LOS
"B". The 85 vehicles generated by this development when con%binedwith the 2964 equals
3049 and LOS "B" where the range of "B" is 2211 to 3060 vehicles.
Collins Ave. n/o Lehman CswF. has a maximum capacity of LOS "E" of 3190 vehicles during
the P.M. Peak Hour. It has a current Peak Hour Period (PHP) of 2638 vehicles and 174
vehicles have been assigned to this section of road from previously approved
Development Orders. Collins Ave. with its 2812 PHP and assigned vehicles is at LOS
"E". The 2 vehicles generated by this development when combined with the 2812 equals
2814 and LOS "E" where the range of LOS "E" is 1631 to 3190 vehicles.
Collins Ave. n/o 172 St. has a maximum capacity of LOS "E" of 6420 vehicles during the
P.M. Peak Hour. It has a current Peak Hour Period (PHP) of 3433 vehicles and 175
vehicles have been assigned to this section of road from previously approved
Development Orders. Collins Ave. with its 3608 PHP and assigned vehicles is at LOS
"B". The 10 vehicles generatedby this development when combined with the 3608 equals
3618 and LOS "B" where the range of LOS "E" is 1101 to 6340 vehicles.
Thio application meets traffic concurrency criteria.
The request herein, constitutes an Initial Development Order only, and one or more
traffic concurrency determinations will subsequently be required before development
will be permitted.
There are 5 locations in Commissioner District #4 that are operating at 90% of capacity
or greater. Three locations as following: Biscayne Blvd. s/o NE 192 St., NE 186
e/o West Dixie Hwy., and NE 192 St. e/o Biscayne Blvd. are operating at 91.2%, 117.1%,
and 100.5% respectively.
~c. Kelly ~
JUN 0 3 996
Date
DISCLOSURE OF INTEREST*
If the property which is the subject of the application is owned
or leased by a CORPORATION, list the principal stockholders and
the percentage of stock owned by each. [Note: where the
principal officers or stockholders consist of another
corporation(s), trustee(s), partnership(s) or other similar
entities, further disclosure shall be required which discloses
the identity of the individual(s) (natural persons) having the
ultimate ownership interest in the aforementioned entity].
CORPORATION NAME
NAM. E, ADDRESS. AND
OFFICE
Percentace of Stoc~
If the property which is the subject of the application is owned
or leased by a TRUSTEE, list the beneficiaries of the trust and
the percentage of interest held by each. [Note: where the
beneficiary/beneficiaries consist of corporation(s), another
trust(s), partnership(s) or other similar entities, further
disclosure shall be required which discloses the identity of the
individual(s) (natural persons) having ~h= ultimate ownership
interest in the aforementioned entity].
TRUST NAME
Percentace of Interest
Page 2
If the property which is the subject of the application is owned or leas(
by a PARTNERSHIP or LIMITED PARTNERSHIP, list the principals of
partnership, including general and limited partners. [Note: where tl
partner(s) consist of another partnership(s), corporation(s) trust(s)
other similar entities, further disclosure shall be required whi¢
discloses the identity of the individual(s) (natural persons) having
ultimaue ownership interest in the aforementioned entity].
Turnberry Country Club, a Genera] Partnership
PARTNERSHIP OR LIMITED PARTNERSHIP NAME
NAME AND ADDRESS
Percentaae of Owner~hi~
(see attached)
(see attached)
If there is a CONTRACT FOR PURCHASE, whether contingent on this applicatia
or not, and whether a Corporation, Trustee, or Partnership, list th
names of the contract purchasers below, including the principal officers
stockholders, beneficiaries, or partners. [Note: where the principa
officers, stockholders, beneficiaries, or partners consist of anothe
corporation, trust, partnership, or other similar entities, fur~hs
disclosure shall be required which discloses the identity of th
individual(s) (natural persons) having the ultimate ownership interest i
the aforementioned entity].
NAME
NA_ME. ADDRESS .AND OFFICE (if applicable)
Percentaae of Interest
Date of contract:
Page.3
If any contingency clause or contract terms involve additional par-.ie
list all individuals or officers, if a corporation, partnership, or t--us
For any changes of ownership or changes in contra6ts for purcha
subsequent to the date of the application, but prior to the date of fir
public hearing, a supplemental disclosure of interest shall be filed.
The above is a full disclosure of all parties of interest in tt
application to the best of my knowledge and belief.
Signature:
(Applicant)
Sworn to and subscrib~b.efore me,
this ~0__~ day of .~)~/~(~, 19 ~%
Notary Public, State of F1Q~ida
at Large
(SEAL)
~ SANDRA HENCHY [
} N~ARY PUBLIC STA~ OF ~ORIDA{
[ COMMI~ION NO.C~I4~ [~
* Disclosure shall not be required of any entity, the' equity interests
which are regularly traded on an established securities market in t~
United States or other coun=~; or of any entity, the o~erhip interests
which are held in a l~ited partnership consisting of more than 5,0[
separate interests and where no one person or entity holds more than
total of 5% of the o~ership inter~st in the l~ited partnershiD.
Ownersl~lp Structure
TurnDerr~ Isle ~esor~ & Cuo l
Turnberry Ooumry Club,
General Partnership
5O%
Rafael Resor~ Investors L.P.,
a Florida Umited Partnership
Macro Capital-Corporation,
a Rorida Corp.?atica
Partner
Resort Investora Umited ~c~"t, .~
British Virgin Islands CorporationI
25% General Partner
Macro Turnberry Corporation,
a Delaware Company
12.10:44% Limited Panner
BIB Holdings (U&A) II, Inc.,
a Deiaware Company
37.8188% Limited Partner
Macro Turnberry Corporation,. '---~
a Delaware Company
0.0768% Limited Partner
Resort Investors Limited
British Virgin Islands Corooration
WEST COUNTRY CLUB DRIVE
SITE DEVELOPMENT PLAN
L
SITE DATA
~ I RU--4A
CT
I
~CT G
95--660
tRACT O
E
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TR R
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GU
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METROPOLITAN DADE
I]mf'~r D TELIA
COUNTY
II
MINUTES
CITY COUNCIL WORKSHOP
CITY OF AVENTURA, FLORIDA
TUESDAY, JULY 2, 1996 - 6 P.M.
AVENTURA HOSPITAL MEDICAL ARTS BUILDING
21110 BISCAYNE BOULEVARD SUITE 101
AVENTURA, FLORIDA
The meeting was called to order by Mayor Snyder at 6:00 p.m. Present were
Councilmembers Arthur Berger, Jay Beskin, Ken Cohen, Harry Holzberg, Jeffrey Perlow, Vice
Mayor Patricia Rogers-Libert, Mayor Arthur Snyder, City Manager Eric M. Soroka, City Attorney
David M. Wolpin and Acting City Clerk Teresa M. Smith.
Mr. Soroka presented Council with proposed budget goals and priorities for the 1996/1997
fiscal year.
The meeting adjourned at 6:45 p.m.
Approved by Council on the
16th day of July, 1996
Respectfully submitted:
Arthur I. Snyder, Mayor Teresa M. Smith, CMC
Acting City Clerk
MINUTES
CITY COUNCIL MEETING
CITY OF AVENTURA, FLORIDA
TUESDAY, JULY 2, 1996 - 7 P.M.
AVENTURA HOSPITAL MEDICAL ARTS BUILDING
21110 BISCAYNE BOULEVARD SUITE 101
AVENTURA, FLORIDA
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Snyder
at 7:00 p.m. Present were Councilmembers Arthur Berger, Jay Beskin, Ken Cohen, Harry
Holzberg, Jeffrey Perlow, Vice Mayor Patricia Rogers-Libert, Mayor Arthur Snyder, City
Manager Eric M. Soroka, City Attorney David Wolpin and Acting City Clerk Teresa M. Smith.
As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Mrs. Marian Nesbitt led the pledge of allegiance.
3. APPROVAL OF MINUTES: A motion was offered by Vice Mayor Rogers-Libert and
seconded by Councilmember Perlow to approve the minutes of the meeting of June 18, 1996 with
the following amendments: condition g4 of approval in Zoning Hearing 3.A. be amended to
read: that the noise level may be re-evaluated at any time by Council; and an addition to
Cotmcilmember Berger's report that he discussed a cultural arts partnership with FIU. The
motion passed unanimously and the minutes were approved, as amended.
5. AGENDA: There were no changes to the agenda.
6. SPECIAL PRESENTATIONS: None
7. CONSENT AGENDA: Councilmember Beskin requested removal of item 7.A. Vice
Mayor Rogers-Libert requested removal of items 7.B. and 7.C. A motion to approve the
remainder of the Consent Agenda (item 7.D.) was made by Vice Mayor Rogers-Libert, and
seconded by Councilmember Beskin. The motion passed unanimously and Resolution No. 96-22
was adopted as follows:
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.
A. Mr. Wolpin read the following ordinance by title:
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.
A motion to approve the ordinance was offered by Councilmember Cohen and seconded
by Vice Mayor Rogers-Libert. Councilmember Berger offered an amendment to the ordinance
to include a definition of quasi-judicial proceedings. The amendment was seconded by
Councilmember Holzberg and unanimously passed by voice vote. The motion to approve the
ordinance on first reading was unanimously passed by roll call vote.
B. Mr. Wolpin read the following ordinance by rifle:
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.
Mr. Wolpin noted various scrivener's errors in the ordinance which would be amended
prior to second reading. A motion to approve the ordinance was offered by Councilmember
Beskin and seconded by Councilmember Perlow, subject to the following amendments: section
4.A. of the ordinance to provide that the rules of procedure are to be in accordance with quasi-
judicial procedures previously adopted by Council; and section 1 .A. to include that each member
of the City Council may recommend appointments to the Mayor. The motion passed by roll call
vote, 6-1, with Vice Mayor Rogers-Libert voting no.
C. Mr. Wolpin read the following ordinance by rifle:
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;
2
COMPOSITION AND QUALIFICATIONS; TERM OF
OFFICE; ADVISORY CAPACITY; RULES OF
PROCEDURE; JURISDICTION; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
A motion to approve the ordinance on first reading was offered by Councilmember Beskin
and seconded by Councilmember Berger, subject to the following amendments: include
"Recreation" in the name of the Board; section 2 to provide that the initial term of office shall
be until November 3, 1997 and thereafter the term of office is one year; section 1.A. to provide
that each member of the City Council may recommend appointments to the Mayor; section 4.B.
to provide that four affirmative votes are required for official action; section 5 to include that
recommendations be provided to the City Manager and City Council, and the word "advise"
changed to "advice." The motion passed unanimously by roll call vote.
8. PUBLIC HEARINGS:
Mr. Wolpin read the following ordinance by title:
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.
Mayor Snyder opened the public hearing. Mr. George Berlin, 1940 NE 194th Drive,
North Miami Beach, addressed Council. There being no further comments from the public,
Mayor Snyder closed the public hearing. A motion to approve the ordinance was offered by
Councilmember Beskin and seconded by Vice Mayor Rogers-Libert, subject to the following
amendment: the last sentence of section l(b) to read as follows: The authority of the Council
to grant zoning variances, special exceptions, or to amend the provisions of the zoning codes or
the Comprehensive Plan of the City shall not be delegated under this ordinance. The motion
passed unanimously by roll call vote and Ordinance No. 96-08 was enacted.
9. RESOLUTIONS: None
10. REPORTS:
3
MAYOR AND COUNCIL:
Mayor Snyder's report included discussion relative to the revenue sharing issue proposed
by Dade County and property available for purchase by the City. He directed the City Manager,
Councilmember Cohen, Leonard Brenner and Bob Diamond to conduct an in depth investigation
of every piece of property available for sale within the City and to report back to Council. A
Council workshop was scheduled for August 19, 1996 at 9 a.m. to discuss the status of the master
transition agreement with Dade County. The City Attorney was directed to issue a legal opinion
as to the last date for passage of legislation to amend the City Charter for placement on the
November ballot.
Vice Mayor Rogers-Libert's report included discussion relative to revenue sharing.
Councilmember Berger expressed his concern as to a new billboard under construction in
the City. In addition, he discussed a cultural arts partnership with FIU and noted that the tour
of FIU for Council has been scheduled for July 23, 1996 at 11 a.m.
Councilmember Cohen's report included discussion as to signs and newsracks in the City,
the library, and the receipt of updates from Council and the City Manager on pending items.
Councilmember Holzberg reported on safety on the north service road adjacent to the
Lehman Causeway, lighting on the fitness trail, and street lettering showing speed limits.
Councilmember Perlow discussed the Planning and Zoning Board, the upcoming zoning
hearing, and the need to meet with the Joint Council to discuss the possibility of the City
undertaking certain activities presently provided by the Joint Council.
CITY MANAGER: Mr. Soroka updated Council as to the status of the 4th of July
fireworks and the logo and slogan contests.
CITY ATTORNEY: Mr. Wolpin discussed the temporary sign ordinance.
11. OTHER BUSINESS:
Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA ESTABLISHING NOVEMBER
7TH 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.
4
After discussion, a motion was offered by Councilmember Berger and seconded by
Councilmember Holzberg to adopt the resolution. The motion passed unanimously by voice vote
and Resolution No. 96-23 was adopted.
12. PUBLIC COMMENTS:
The following members of the public addressed Council: Lionel Sokolov, 3530 Mystic
Point Drive; Paul Libert, 21155 Helmsman Drive #M14; George Feffer, 2851 NE 183rd Street;
June Stevens, 20412 NE Del Vista Court; and Jacob Gelfand, Biscayne Lakes Gardens.
Discussion then ensued relative to billboards in the City. A motion was offered by
Councilmember Perlow and seconded by Councilmember Cohen that Council address the issue
of the construction of billboards in the City at this meeting on an emergency basis. The motion
passed unanimously. A motion was then offered by Councilmember Cohen and seconded by
Mayor Snyder to direct the City Attorney to prepare legislation providing for a moratorium on
the construction of billboards in the City. The motion passed unanimously. The City Attorney
was further directed to research the permitting process for the billboard presently under
constmction.
13. ADJOURNMENT: There being no further business to come before Council, after motion
made, seconded and unanimously passed, the meeting adjourned.
Approved by Council on the
16th day of July, 1996
Respectfully submitted:
Arthur I. Snyder, Mayor
Teresa M. Smith, CMC, Acting City Clerk
Anyone wishing to appeal any decision made by the City Council 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.
5
CITY OF AVENTURA
OFFICE OFTHECITYMANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Eric M. Soroka, Cit~
duly 11, 1996
r
Occupational License Tax Ordinance
Ist Reading July 16, 1996 City Council Agenda Item "//'-J_ _
2nd Reading August 20, 1996 City Council Agenda Item.. ~ _
Recommendation
it is recommended that the City Council adopt the attached Ordinance which
establishes Occupational License tax for the privilege of engaging in or managing any
business, profession, or occupation in the City.
Background
Pursuant to Chapter 205, Fla. Stat., the City is authorized to adopt an occupational
license tax ordinance. The statute also provides that if a city did not adopt a tax
ordinance prior to October 1, 1995, the tax rate structure and classifications must
adhere to those adopted by adjacent local governments that have implemented Section
205.0535 of the statute. This section provides for the modernization and revisions of
rate structures and classifications.
The City of North Miami Beach and Hallandale have met these requirements.
Therefore, the rate structure included in the attached Ordinance was formulated based
on a mix of the two cities' rate and classification structure.
The County imposes a dual prong tax. A tax is imposed by the County both upon
businesses operating in Dade County and an additional tax is imposed upon all
businesses operating within the unincorporated areas. Once the City adopts the
attached Ordinance, businesses situated in the City would be no longer subject to the
second prong of the County tax. Instead, they would pay one tax to the County and
one to the City.
It is difficult to assess the impact on businesses in the City. The Dade County fee
structure is primarily based on the number of employees. The adjacent cities' structure
is based on the type of business. Without the necessary information to determine the
number of employees for each business, it is difficult to prepare a comparison.
However, the fee structure will be compatible to the surrounding cities.
If you have any questions, please feel free to contact me.
EMS/ne
CC0040-96
ORDINANCE NO..
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING
FOR THE ESTABLISHMENT OF OCCUPATIONAL LICENSE TAX;
PROVIDING FOR TERM OF LICENSES; PROVIDING FOR AFFIDAVIT
OF APPLICANT; PROVIDING FOR LICENSE NOT TO PROTECT
LICENSEEIN COURT PROCEEDINGS;PROVIDING FOR PENALTIES;
PROVIDING FOR GROUNDS FOR DENIAL;PROVIDING FOR APPEAL
FROM DENIAL OF LICENSE;PROVIDING REVOCATION OF LICENSE;
REQUIRING DISPLAY OF LICENSE;PROVIDING FOR UNCLASSIFIED
CATEGORIES; REQUIRING OCCUPATIONAL LICENSES FOR
BUSINESS USES CONDUCTED FROM RESIDENTIAL HOMES;
ESTABLISHING OCCUPATIONAL TAX SCHEDULE LICENSE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPLACEMENT
OF OCCUPATIONAL TAX PROVlSlONS PROVIDED BY METRO DADE
COUNTY CODE SEC 8A-224, ET. SEQ. AND AN EFFECTIVE DATE.
WHEREAS, Pursuant to Sec. 205.0315, Fla. Stat., the City Council has
determined that it is in the best interest of the City to adopt an Occupational License
Tax Ordinance as provided herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, THAT:
Section 1. Occupational License Fees Imposed
A. Every person engaged in or managing any business, profession or
occupation in the City is required to have a City license and shall, on or before the 1st
day of each October before engaging in or managing any business, profession or
occupation, register with the City, their names, profession or occupation, and their
place of business. In the event that October 1 falls on a weekend or holiday, the license
shall be obtained on or before the first business day following October 1. No person
shall engage in or manage any such business, profession or occupation without first
obtaining the required occupational license. The City Manager or his/her designee
shall develop administrative procedures relating to the issuance of business licenses
and designate the department responsible for implementing said procedures and
issuing the appropriate licenses.
B. This occupational license tax requirement shall apply to:
(1)
Any person who maintains a permanent business location or branch office
within the City for the privilege of engaging in or managing any business
within the City;
(2)
Any person who maintains a permanent business location or branch office
within the City for the privilege of engaging in or managing any profession
or occupation within the City;
(3)
Any person who utilizes their home for uses as outlined in subsection (1)
or (2) above for authorized business activities.
(4) Any person who does not qualify under the provisions of subsection (1) or
ORDINANCE NO.
Page 2
(2) above and who transacts any business or engages in any occupation
or profession in interstate commerce where such license tax is not
prohibited by section 8 of article I of the United States Constitution.
C. A person shall be required to pay a license tax to the City as outlined in
the schedule contained in this Ordinance. A license tax shall be required for each type
of business performed at the applicant's location that requires a separate license tax as
outlined in the schedule contained in this Ordinance.
Section 2. Term of licenses; half year licenses; transfer of license.
A. Licenses shall expire on the thirtieth day of September of each year. No
license shall be issued for more than one (1) year. For each license obtained between
October first and April first the full tax for one (1) year shall be paid, and for each
license obtained between April first and September thirtieth, one-half the full tax for one
(1) year shall be paid.
B. Any license may be transferred with the approval of the City Manager or
his/her designee when there is a bona fide sale and transfer of the business and the
property used and employed therein as stock in trade, and not otherwise. Such transfer
shall be made within thirty (30) days after such bona fide sale has taken place. If the
provisions of this section are not strictly and completely complied with in every respect,
the license pertaining to the business shall be null and void and of no further effect.
Such transfer shall take effect upon payment of a transfer fee of three dollars ($3.00)
and after presentation of evidence of both the sale and of the original license.
C. Upon written request and presentation of the original license, any license
may be transferred from one (1) location to another location upon payment of a transfer
fee of three dollars ($3.00) and upon verification that such use is permitted by the
zoning district regulations at the new location.
Section 3. Affidavit of applicant.
A. No license shall be issued or granted to any applicant to engage in the
business of selling merchandise at retail or wholesale or the practice or pursuit of any
profession or occupation, coming within any of the categories set forth in this
Ordinance, unless and until the applicant shall first obtain an occupational license from
Dade County and show proof thereof to the City. The applicant shall execute an
affidavit before an officer or employee of the City authorized to administer oaths, which
shall set forth the following:
(1)
(2)
The applicant's name, address and telephone number;
The particular location in the City wherein the applicant proposes to
engage in the business for which the license is sought;
(3)
(4)
The date proposed to commence business;
The applicant must state whether the fee is based on area, capacity,
average value of stock carried, number of persons, or things employed or
engaged, quantity, valuation, or other contingency.
2
ORDINANCE NO.
Page 3
(5) The names and addresses of corporate officers.
B. The affidavit shall be filed with the City.
C. On a annual basis, prior to renewal, the City will send out a questionnaire
and will require all licensee's to fill in the appropriate information in order for the City to
update their files and determine the correct amount to charge as a license fee.
Section 4. License not to protect licensee in court proceedings. No
license shall be granted until there has been full compliance with Section 3 and no
license which may have been granted without full and complete compliance with the
provisions of this article shall be a protection to the applicant in any civil or criminal
proceeding.
Section 5. Penalties
A. Any person convicted of violating this Ordinance, or of making fraudulent
return, shall be punished as provided by Section 5 (E), in the discretion of the court,
and in addition they shall be penalized a sum equal to twenty-five (25) percent of any
license fee avoided or evaded by and through the medium of such fraudulent return.
B. Each and every day of selling or disposing of merchandise or engaging in
a business or profession without making the affidavit, and/or without compliance in full
with all of the provisions of this Ordinance, shall constitute a separate and distinct
violation of this article.
C. No person shall engage in or manage any business, profession or
occupation without first obtaining from the city a license for each separate location in
the city, and paying the amount set forth in this Ordinance. Any person engaging or
managing any business, occupation or profession herein mentioned, between the first
day of October and the first day of November of each year without first having complied
with the provisions of this article and paying the amount of license tax as provided for in
this article, shall be declared delinquent. Those licenses not renewed when due and
payable and considered delinquent shall be subject to a delinquency penalty of ten (10)
percent for the month of October, plus an additional five (5) percent penalty for each
month of delinquency thereafter until paid. However, the total delinquency penalty shall
not exceed twenty-five (25) percent of the occupational license fee for the delinquent
establishment.
D. A license shall be required to cover each and every business advertised
by sign, newspaper, magazine or otherwise; and such advertisement shall be
considered evidence of conducting business advertised and shall be a sufficient
predicate for conviction by the court or other enforcement authority. Such license shall
be issued to cover each and every location of such business; and that the assessment
and amount of such license taxes are hereby classified and fixed, per annum unless
otherwise specified.
E. Any person who violates any provisions of this ordinance shall, upon
conviction, be punished by a fine not to exceed $500 or imprisonment in the County jail
not to exceed sixty (60) days or both such fine and imprisonment. Each day that a
violation continues shall be deemed a separate violation. This ordinance shall be
3
ORDINANCE NO.
Page 4
subject to enforcement under the Local Government Code Enforcement Act, chapter
162, F.S. as amended. Enforcement may also be by suit for declaratory, injunctive or
other appropriate relief in a court of competent jurisdiction.
Section 6. Grounds for denial.
A. After interview or investigation, City shall not grant or issue a license to
an applicant when the City has reasonable and probable grounds to believe that:
(1) Information provided by the applicant is false.
(2)
Within the past three (3) years the applicant committed any act which if
done by any person licensed to do business within the city would
constitute grounds for the revocation of the license.
Section 7. Appeal from denial of license. Any person whose application for
a license has been rejected shall have a right to appeal the decision of the City
licensing official to the City Manager by appropriate written petition.
Section 8. Revocation of license.
A. Notwithstanding any other section in this Ordinance to the contrary, the
privilege of doing business within the City allowed by the issuance of an occupational
license will be subject to a summary administrative revocation by one (1) written thirty-
day notice of revocation issued to the license applicant by the City Manager designated
official, if it is determined that one or more of the following conditions exist:
(1) Repeated City code violations.
(2) Misrepresentations in the applications or affidavit.
(3) Use of business location for illegal or unsafe activities.
(4) Use of business location for activities not contemplated in the application.
(5) Misrepresentations made to the City during the application and investigation
process.
(6) Use of business not in compliance with the conditions of the license.
(7) Lack of refuse collection or utility services.
B. Such revocation may be appealed to the City Manager within ten (10)
days of notice of revocation.
C. Such a violation of this Ordinance will be deemed to relate back to the
original time of issuance of such license as if the license had been originally denied at
the time of application. Such revocation will be effective immediately. In addition to the
above, the City Council or City Manager at any time may revoke a license upon
providing written notice and hearing for violation of any ordinance of the City or law of
the State or County or for any other good and sufficient reason in the interests of
4
ORDINANCE NO,
Page 5
health, safety and welfare.
D. Nothing in this section shall affect the liability of any person or business
as required by Section 5 of this ordinance.
Section 9. Display of License. All persons to whom licenses are issued
pursuant to this Ordinance shall cause the licenses to be displayed at all times in a
prominent place in their business establishments. Failure to display in such a manner
shall constitute a violation of this Ordinance.
Section 10. Unclassified Categories. In the event application is made for a
license not specifically enumerated in the Tax Schedule, the City Manager or designee
shall have the authority to determine the most nearly similar category that shall apply to
the applicant.
Section 11. Home occupational licenses
A. "Home Occupation" shall mean a business or occupation conducted for
limited business activities. In any instance where a residential unit is used to
conduct a home business consistent herein, a home use license shall be
required. No home use business license issued pursuant to this ordinance shall
be transferable, assignable or otherwise alienable.
B. The following limited business activities are permitted subject to a home
use license being issued.
(1)
Post and receive correspondence of a business nature.
(2)
Initiate and receive business communication by telephone or
fax.
C. The issuance of a home use business license shall be subject to the
following provisions.
(1)
Home occupations conducted within the city shall be clearly
incidental and secondary to the use of the residence for
residential purposes and shall not change the character
thereof.
(2)
(3)
(4)
(5)
No person other than members of the family residing in the
premises shall be engaged in such occupation or business.
No residence shall be used for the conduct of any business or
activity which requires manufacturing, assembly or
construction or by its nature or character may disrupt, disturb
or adversely alter, change or modify the nature or character of
the neighborhood or the quality of life therein.
No home occupation shall generate or attract vehicular or
pedestrian traffic to a residence.
No sign or other advertising of the residential location shall be
5
ORDINANCE NO.
Page 6
(6)
(7)
(8)
(9)
(10)
permiffed.
No storage of materials or products shall be permitted.
Products shall not be offered for sale on the premises.
No commercial vehicles shall be kept on the premises or
parked overnight on the premises unless otherwise permitted
by these regulations.
No evidence of the occupation is visible or audible from the
exterior of the dwelling unit.
In no event shall a barber shop, beauty parlor, tea room
tourist home, animal hospital, nursing home, retail store,
dancing or band instrument instruction, or clairvoyant be
allowed as a home occupation.
Section 12. Occupational License Fee Tax Schedule
For the purposes of this Ordinance, inventory shall mean the average selling value of
annual inventory owned by the business, exclusive of excise tax. Occupational License
taxes for the following business, occupations and/or professions are hereby levied and
imposed:
A
ABSTRACT, LAND TITLE, TITLE INSURANCE, PROPERTY CLOSING $100.00
ADULT CARE FACILTY 100.00
ADULT CONGREGATE LIVING FACILTY 100.00
ADVERTISING-PRODUCTS AND SERVICES 150.00
AIRPLANE DEALERS OR MANUFACTURES 120.00
ALCOHOLIC BEVERAGE BUSINESS ESTABLISHMENTS 100.00
AMBULANCE SERVICE 100.00
AMUSEMENT CENTERS 500.00
AMUSEMENT CENTERS OVER 100 MACHINES-EACH MACHINE 7.00
AMUSEMENT MACHINES-DISTRIBUTORS 150.00
AMUSEMENT MACHINES-EACH MACHINE AS ACCESSORY USE 40.00
AMUSEMENT PARKS 1,000.00
ANIMAL GROQMING 50.00
ANIMAL-CLINIC/HOSPITAL 75.00
6
ORDINANCE NO.
Page 7
ANIMAL-EXHIBITIONS 150.00
ANIMAL-KENNEL 60.00
ANSWERING SERVICE 100.00
ANTIQUE SHOP 125.00
APARTMENT EACH UNIT OVER 2 3.50
ARCHERY RANGE 1,000
ARMOURED CARS 100.00
AUCTION SHOPS/AUCTIONEER 200.00
ASTROLOGERS, CLAIRVOYANTS, HYPNOTISTS, FORTUNETELLERS, 7,500.00
AUTO DRIVING SCHOOL 100.00
AUTO DEALER 350.00
AUTO PARKING, STORAGE, GARAGES OR PARKING LOTS 100.00
AUTO DETAILING, CAR WASH OR WAX 100.00
AUTO REPAIR AND/OR SERVICE SHOP 100.00
AUTO PAINT AND BODY SHOP 100.00
AUTO MECHANICAL REPAIRS 100.00
AUTO SERVICE STATION 200.00
AUTO USED CAR DEALER 350.00
AUTO, TRUCK, TRAILER, BOAT RENTING SERVICE EACH VEHICLE 50.00
AUTO FUEL DISPENSOR NOT LOCATED AT AUTOMOTIVE SERVICE STATION 15.00
AUTO TAG AGENCY
B
BAKERY'S- RETAIL
BAKERY'S - WHOLESALE, MANUFACTURER/DISTRIBUTOR
BAR/LOUNGE
BARBER - EACH
BARBERSHOP
50.00
100.00
200.00
100.00
30.00
60.00
7
ORDINANCE NO,
Page 8
BICYCLE (REPAIRS ONLY)
BILLIARD PARLORS
BLUEPRINTING
BOATS FOR SALE/RENTAL,
BOAT DOCKS, STORAGE OR SHIP YARD
BOATS; CHARTER AND DREDGE
BOAT BUILDERS
BOAT TAXi OPERATIONS
BONDSMEN PROFESSIONAL
BOO KKEEPEPJACCOUNTING SERVICES
BOTTLING WORKS/MANUFACTING & DISTRIBUTION
BOWLING ALLEY - EACH LANE
BROKERS - STKS, BONDS
BROKERS - INSURANCE
BROKERS - YACHT & SHIP SALESPERSONS
BROKERS - OTHERS
BURGLAR ALARM/MONITORING COMPANIES
BUTCHERS/BUTCHER SHOPS
C
CANTEEN WAGON OR CAFE - EACH VEHICLE
CARPENTER SHOPS
CAR WASH
CATERING
CARPET AND RUG CLEANING
CARPET SALES/INSTALLATION
CEMENT, CONCRETE, PLASTER
CHECK CASHING STORE
60.00
100.00
100.00
100.00
100.00
100.00
100,00
200.00
150.00
100.00
150.00
40.00
150.00
100.00
100.00
100.00
100.00
75.00
50.00
75.00
100.00
50.00
100.00
100.00
100.00
200.00
8
ORDINANCE NO.
Page 9
CIGARS AND TOBACCOS
CLAIMS AND COLLECTION AGENCY
CLOTHING
A) ALTERATIONS
B) TAILOR, DRESSMAKING
COIN DEALERS
COLD STORAGE WAREHOUSE
COMMISION MERCHANTS
COMMERCIAL GARBAGE COLLECTION
COMMERCIAL TRASH COLLECTION
COMMUNITY BASED RESIDENTIAL FACILITIES
CONSULTANTS- EACH
CONTRACTORS
(A) GENERAL BUILDING
(B) SUB GENERAL
(C) ENGINEERING
SUBCONTRACTORS
(D) ACOUSTICAL TILE
(F.) AIR CONDITIONING
(F) AWNING
(G) CARPENTRY
(H) ELECTRICAL
(l) ELEVATOR
CT) FLOOR LAYING & SANDING
(K) GAS, FITTING PIPE FlarING
(L) JALOUSIE
(M) MASON & PLASTER CONTRACTOR
50.00
100.00
45.00
100.00
50.00
100.00
75.00
1,250.00
450.00
100.00
150.00
225.00
168.00
168.00
75.00
120.00
90.00
150.00
150.00
90.00
150.00
150.00
50.00
150.00
ORDINANCE NO.
Page 10
MOVING &WRECKING HOUSES
(0) ORNAMENTAL IRON, BRONZE AND STEEL
(P) PLUMBLING
(Q) PAINTING
(R) PLASTERING & CEMENT
(S) PLATE GLASS & GLAZIER
(T) ROOFING
(U) SANDBLASING
(V) SIGN
(W) SOLAR WATER HEATER
(X) SEPTIC TANK
(¥) SPRINKLER SYSTEM
(Z) STEEL, REINFORCING
(AA) SEPTIC TANK
(BB) SOLAR WATER HEATER
(CC) SWIMMING POOLS
(DD) VENETIAN BLIND
(E£) TILE, MARBLE & GRANITE
(FF) WELL DRILLING
(GG) NOT CLASSIFIED
COUNTRY CLUB
COSMETOLOGY SALONS
COSMETOLOGIST - EACH
CREDIT BUREAUS
D
DANCE HALLS
DATA PROCESSING - SERVICE AGENCY
75.00
75.00
150.00
120.00
150.00
75.00
150.00
150.00
90.00
75.00
120.00
75.00
120.00
75.00
90.00
60.00
150.00
90.00
90.00
450.00
60.00
30.00
100.00
150.00
125.00
10
ORDINANCE NO.
Page 11
DATA PROCESSING - SOFTWARE DEVELOPMENT
DELIVERY SERVICES - PER EACH VEHICLE
DENTAL TECHNICIAN/HYGIENIST
DIRECTORIES
DRAMATIC OR THEATRICAL TROUPES OR COMPANIES
DISC JOCKEY (SEE ENTERTAINMENT)
DRY CLEANING PLANT
E
ELECTRIC LIGHT AND POWER COMPANIES
EMPLOYMENT AGENCIES
ENGAVERS AND LITHOGRAPHERS
EXTERMINATORS
FACTORIES -
FINANCIAL INSTITUTIONS-BANKS AND TRUST COMPANIES
FINANCIAL INSTITUTIONS-BUILDING AND LOAN ASSOC
FINANCIAL INSTITUTIONS-MONEY LENDERS EXCEPT BANKS
FINANCIAL INSTITUTiONS-MORTGAGE LOAN CO,
FINANCIAL iNSTITUTIONS-PERSONAL FINANCE CO.
FIRE EXTINGUISHER SERVICES
FISH MARKET
FLEA MARKET
FLORIST
FUNERAL HOME
FURNITURE REFINISHERS
G
GAS COMPANIES-SELLING BOTTLED GAS
150.00
10.00
30.00
100.00
200.00
100.00
75.00
150.00
150.00
100.00
100.00
100.00
350.00
350.00
350.00
350.00
350.00
75.00
75.00
1500.00
100.00
100.00
50.00
100.00
11
ORDINANCE NO.
Page 12
GAS COMPANIES-SELLING THRU PIPELINE
GOLF COURSE
GOLF-DRIVING RANGES/MINIATURE GOLF
GRAVEL, SAND, SOD, DIRT - SALES
250.00
500.00
225.00
100.00
HALLS FOR HIRE
HEALTH CLUBS
HOME HEALTH CARE SERVICES
HOSPITALS
HOTELS, LODGING HOUSES AND MOTELS-FIRST ROOM
HOTELS, LODGING HOUSES AND MOTELS-EACH ADDITIONAL ROOM
ICE CREAM VENDORS
ICE CREAM MANUFACTURING OF, WHOLESALE
ICE CREAM SHOP/PARLOR
ICE MANUFACTURING, DISTRIBUTION & STORAGE
INSURANCE ADJUSTERS
INSURANCE AGENTS-EACH
INSURANCE AGENCY OFFICE
INSURANCE COMPANIES
INTERIOR DECORATORS
J
JANITORIAL SERVICES
JEWELRY
JEWERY BROKER
JUNK SHOPS
150.00
125.00
100.00
315.00
50.00
5.50
50.00
100.00
100.00
180.00
100.00
50.00
100.00
100.00
100.00
100.00
150.00
300.00
250.00
12
ORDINANCE NO.
Page 13
K
KEROSENE DEALERS -WHOLESALE DEALER
KEROSENE DISTRIBUTOR-EACH VEHICLE
L
LABOR UNION ORGANIZATIONS
LANDSCAPING SERVICE/LAWN MAINTENANCE
LAND DEVELOPMENT COMPANY
LAUNDRIES SELF SERVICE
LAUNDRIES & DRY CLEANERS
LOAN AGENTS
LECTURERS
LOCKSMITH
LUMBER DEALERS
M
MACHINE SHOPS
MANICURIST-EACH
MASSEUR/MASSEUSE
MAIL ORDER BUSINESSES
MANUFACTURE & MANUFACTURING 11-25 PEOPLE
MANUFACTURING
MARBLE AND GRANITE WORKS
MASSAGE SALONS
MEDICAL CLINICS
MERCHANTS RETAIL STOCK < $1,000
MERCHANTS RETAIL STOCK OVER $1,000 & < $5,000
MERCHANTS RETAIL STOCK OVER $5,000 & < $10,000
MERCHANTS RETAIL STOCK OVER $10,000 & < $20,000
225.00
28.10
250.00
50.00
100.00
225.00
100.00
150.00
225.00
80.00
150.00
75.00
50.00
50.00
50.00
150.00
150.00
100.00
100.00
200.00
60.00
70.00
150.00
180.00
13
ORDINANCE NO.
Page 14
MERCHANTS RETAIL STOCK OVER $20,000 & < $50,000 225.00
MERCHANTS RETAIL STOCK OVER $50,000 & < $100,000 400.00
MERCHANTS RETAIL STOCK OVER $100,000, EACH ADDITIONAL $1,000 2.00
MERCHANTS WHOLESALE -SAME AS RETAIL
MESSENGER SERVICE 60.00
MESSENGER SERVICE- EACH VEHICLE 20.00
MOBILE HOME PARK 300.00
MOBILE HOME SALES 150.00
MONUMENTS AND TOMBSTONES 100.00
MOTION PICTURE THEATRE 400.00
MOTION PICTURE THEATRE - CANDY AND POPCORN CONCESSION 40.00
MOVING COMPANY W/STQRAGE 100.00
MOVING COMPANY EACH VEHICLE OVER 2 25.00
MUSEUMS 225.00
MUSIC/RECORDING STUDIO 120.00
N
NEWSPAPER PUBLISHERS BUREAU AGENCY 125.00
NEWSPAPER PUBLISHERS DAILY 12000
NEWSPAPERS PUBLISHED WKLY,SEMI-MONTH OR MONTHLY 120.00
NEWSSTANDS 50.00
NIGHT CLUB 300.00
NURSE 30.00
NURSERIES TREES/PLANTS 50.00
NURSING HOMES 100.00
P
PAINT & BODY SHOPS 100.00
PARKING LOTS 1 TO 25 CARS 50.00
14
ORDINANCE NO.
Page 15
PARKING LOTS OVER 26 CARS
PAWNBROKERS
PEDDLERS - STREET VENDORS
PET SHOP
PHOTOGRAPHERS
PHOTOGRAPHY STUDIOS
PIANO TUNERS
POOL MAINTANANCE
PRINTING
PRIVATE INVESTIGATIVE AGENCY
PRIVATE SCHOOLS
PROFESSIONALS - EACH INDIVIDUAL
PROPERTY MANAGEMENT
PUBLISHERS
R
RAILROAD TRAINS
REAL ESTATE BROKER WITH NO AGENTS
REAL ESTATE BROKER -EACH AGENT
REAL ESTATE SALEMAN
REPAIR WATCH AND JEWELRY
REPAIR & SERVICE SHOPS
RESTAURANTS 0 TO 30 SEATS
RESTAURANTS 31 TO 74 SEATS
RESTAURANTS 74 TO 149 SEATS
RESTAURANTS 150 OR MORE SEATS
RESTAURANTS DRIVE iN
RESEARCH LABORATORIES
100.00
500.00
100.00
75.00
50.00
100.00
50.00
100.00
100-00
125.00
100.00
170.00
100.00
100.00
500.00
100.00
100.00
50.00
100.00
100.00
50.00
100.00
150,00
200.00
100.00
100.00
15
ORDINANCE NO.
Page 16
RINKS - SKATING, ROLLER
S
SALES OFFICE NO STOCK
SCHOOLS
SECURITY COMPANIES
SHOE REPAIR
SHOE SHINE-EACH CHAIR
SHOWROOM
SNACK BARS AS ACCESSORY USE
STORAGE WAREHOUSE/PUBLIC STORAGE
T
TANNING SALONS 1 TO 5 UNITS
TANNING SALONS (AS ACCESSORY USE)
TANNING SALONS-EACH ADDITIONAL UNIT OVER 5 UNITS
TATTOO PARLOR
TAX PREPARATION SERVICE
TAXICABS -EACH
TELEGRAPH COMPANIES
TELEMARKETING SALES
TELEPHONE COMPANIES
TELEVISION AND RADIO STATION
TOWING SERVICE 0NRECKING, HAULING, SALVAGE)
TRAVEL AGENCY
TRUCKING OR TRANSPORT CO
TRUCK/TRAILER RENTAL OR LEASING
TRUCKITRAILER RENTAL OR LEASING-EACH VEHICLE OVER 3
U
150.00
50.00
175.00
125.00
75,00
28.00
100.00
60.00
100.00
100.00
50.00
10.00
1000.00
100.00
50.00
200.00
100.00
200.00
150.00
100,00
100.00
150.00
100.00
20.00
16
ORDINANCE NO.
Page 17
UNCLASSIFIED
UNIFORM SERVICE (TOWEL,LINEN,DIAPER)
UPHOLSTERER
V
VALET PARKING
VEHICLE LEASING CO-EACH
VENDING MACHINES- BUSINESS PREMISES
VENDING MACHINES-ONE CENT,EACH MACHINE
VENDING MACHINES-FIVE CENTS,EACH MACHINE
VENDING MACHINES-TENCENTS,EACH MACHINE
VENDING MACHINES-OVER TEN CENTS,EACH MACHINE
100.00
125.00
100.00
100.00
50.00
75.00
1.00
5.00
7.50
10.00
Section 13. 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.
Section14. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
Section15. Replacing County Code Provisions. Pursuant to City Chapter Sec.
8.04, the provisions of Sec. 8A- 224, Et. Seq. Of the County Code are hereby repealed
by this ordinance.
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:
17
ORDINANCE NO.
Page 18
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
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
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
PASSED AND ADOPTED on second reading this
day of July, 1996.
day of August, 1996.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH,
ACTING CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Ordinance No.
EMS/ne
Aventura Occupational License Ordinance. doc
18
CITY OF AVENTURA
OFFICEOFTHECITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Eric M. Soroka, Cit~.f~a~er
July 11, 1996
Proposed Ordinance Providing for a Building Moratorium
Concerning Class "C" Commercial Advertising Signs (including
Billboards)
Ist Reading July 16,1996 City Council Meeting Agenda Item
2nd Reading August 20, 1996 City Council Meeting Agenda Item _
As directed by the City Council at the July 2, 1996 Council Meeting, attached is a
proposed Ordinance providing for a building moratorium concerning Class "C"
commercial advertising signs (including billboards).
If you have any questions, please feel free to contact me.
EMS/ne
CM0039-96
WEXSS SE OT & HE .F A , P.A.
ATTORNEYS AT LAW
266.~ SOUTH BAYSHORE DRIVE
SUITE :~04
IdlAl'41~ FLORIDA 33133
July 9, 1996
BROWARD OFFICE
888 EAST LA~ OLAS BOULEVARD
Suite 710
Honorable Mayor and Councilmembers
City of Aventura
2999 NE 191st Street, Suite 500
Aventura, Florida 33180
Re: Proposed Ordinance Providinq for a
Concerning Class "C"
(including Billboards)
Commercial
Building Moratorium
Advertising Siqns
Dear Mayor and Councilmembers:
Pursuant to City Council direction provided at the July 2,
1996 City Council meeting, enclosed is a proposed building
moratorium ordinance which we have drafted concerning Class "C"
Commercial Advertising Signs (including Billboards) for City
Council consideration. The ordinance requires two readings for
final adoption. By letter of July 9, 1996, we have advised Metro-
Dade County Planning, Development and Regulation Department of the
pending ordinance and have required that no further building
permits be issued for Class "C" Signs within the City of Aventura
unless approved by the City.
The proposed ordinance will enable City staff to do the
necessary study to formulate specific restrictions concerning Class
"C" Signs within the City of Aventura, subject to City Council
adoption.
Further, pursuant to City Council direction at the July 2,
1996 City Council meeting, we have investigated the status of the
billboard under construction at 18488 Biscayne Boulevard. Attached
hereto is correspondence from Mr. Reynaldos, Zoning Plans
Processor, of Metro-Dade County, which reflects the permit history
of such billboard. It should be noted that the initial building
permit for the billboard was applied for on October 25, 1995, prior
to the November 7, 1995 incorporation of the City. Additionally,
I have been advised by Mr. Reynaldos that the subject billboard is
being constructed to replace a previously-existing rooftop
billboard which was removed upon demolition of property acquired by
the Florida Department of Transportation ("D.O.T.") for the
widening of Biscayne Boulevard. I have been further advised that
Honorable Mayor and Councilmembers
July 9, 1996
Page 2
D.O.T. provided access to the 3M Company for the new billboard at
the property upon which the billboard is being constructed, so as
to reduce the land acquisition cost which would have otherwise been
incurred by D.O.T. for the necessary road right-of-way. In fact,
D.O.T. is shown as the property owner in the attached building
permit documentation. Further investigation of the status of the
subject billboard is being undertaken by us and we will advise you
further.
Please advise if there are any further questions on this
matter.
Very truly yours,
David M. Wolpin
DMW/tms/328001
enclosure
cc: Eric M. Soroka, City Manager
Richard Jay Weiss, Esq.
WEISS SEROTA
W .:ss S .ROTX & P.A.
VIA FACSIMILE AND U.S. MAIL
ATTORNEYS AT LAW
:~665 SOUTH BAYSHORE DRIVE
SUITE 204
MIAMI~ FLORIDA 33133
TEL£PHON£ (305) 854-0m00
m.£co.,£. (3os) ss.~-a3~3
July 9, 1996
Ms. Diane O'Quinn Williams
Supervisor
Zoning Hearings Section
Metropolitan Dade County
Department of Planning, Development
and Regulation
111 NW 1st Street Suite 1110
Miami, Florida 33128-1974
Re: City of Aventura - Proposed Moratorium Concerninq Class
"C" Siqns
Dear Diane:
Please be advised that at the July 2, 1996 Aventura City
Council meeting, the City Council directed me to prepare a proposed
ordinance providing for a moratorium on the installation,
construction or modification of Class "C" Commercial Advertising
Signs, including Billboards. The proposed ordinance will be
considered, at first reading, at the City Council meeting of July
16, 1996. In light of the pendency of this legislative matter, we
request that your department not process or issue any additional
permits for Class "C" Signs within the City limits of the City of
Aventura, in the absence of City review and approval of such Class
"C" Sign.
Thank you for your continued assistance.
Sincerely,
David M. Wolpin
DMW\tms\328001
enclosures
cc: Honorable Mayor and Councilmembers
Mr. Eric M. Soroka, City Manager
Mr. Reinaldo Villar, Metro-Dade Zoning
FAX COVER SHEET
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App~ovels: Pe~it ~te ~s~ion ~te
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, PROVIDING FOR A BUILDING MORATORIUM
ON ISSUANCE OF DEVELOPMENT ORDERS AND
DEVELOPMENT PERMITS UPON CLASS "C" COMMERCIAL
ADVERTISING SIGNS (INCLUDING BILLBOARDS)
WITHIN THE CITY LIMITS OF THE CITY OF
AVENTURA; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPLACEMENT OF MORATORIA
PROVISIONS OF SECTION 33-319, ET SEQ. OF THE
METROPOLITAN DADE COUNTY CODE FOR THE CLASS
"C" SIGN MATTERS ADDRESSED HEREIN.
WHEREAS, pursuant to Section 8.03 of the City Charter of the
City of Aventura (the "City"), there is presently in effect within
the City the provisions of Article VI "Signs" of Chapter 33
"Zoning" of the Code of Ordinances of Metropolitan Dade County (the
"County Code") providing for the regulation of signs within the
City; and
WHEREAS, Class "C," Commercial Advertising Signs, (including
Billboards) are currently regulated pursuant to such County Code
provisions; and
WHEREAS, the City Council desires to implement comprehensive
regulations of Class "C" signs which will be more restrictive than
those provided in the above-referenced County Code provisions, so
that the public safety is protected and the aesthetic and visual
qualities of the City are protected from impairment by Class "C"
signs; and
WHEREAS, the City Council desires to insure that during the
pendency of the necessary study activity for the formulation and
implementation of more comprehensive regulations of Class "C"
signs, that additional Class "C" signs are not installed,
constructed or modified, so that the ordinance produced by the
City's study activity will be fully effective.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Moratorium Imposed. During the time that this
Ordinance is in effect as specified in Section 8 below, there shall
be a moratorium upon the issuance of Development Orders and
Development Permits, as those terms are defined in Section
163.3164, Fla. Stat. (collectively "Development Orders") within the
City, concerning the matter of the installation, construction, or
modification of Class "C" Commercial Advertising Signs (the "Class
'C' Signs") (including Billboards), as defined in Section 33-84(h)
of the County Code, including any sign which is used for any
purpose other than: (a) that of advertising to the public the legal
or exact firm name of business conducted on the premises at which
such sign is located; (b) that of advertising any service or
product or products actually and actively being offered for sale on
the premises at which such sign is located; (c) being designed or
displayed solely to offer for sale or rent the premises upon which
such sign is located; (d) that of advertising construction being
done or proposed to be done upon the premises at which such sign is
located; (e) that of advertising special events approved to be held
on the premises upon which such sign is located.
Section 2. Waivers° The City Council, after a public
hearing, may grant a waiver to the moratorium provided above and
2
authorize the issuance of Development Orders for Class "C" Signs,
where the City Council determines that the specific activity will
not detrimentally affect the outcome and implementation of the
comprehensive study process being undertaken by
appropriate and effective
development of
regulations.
Section 3.
the City for the
Class "C" Sign
Vested Riqhts. Nothing in this ordinance shall be
construed or applied to abrogate the vested right of a sign owner
to complete development where the sign owner can demonstrate each
of the following:
(1) A governmental act of development approval obtained prior
to the effective date of this Ordinance;
(2) Upon which the owner has detrimentally relied, in good
faith, by making substantial expenditures; and
(3) That it would be highly inequitable to deny the sign owner
the right to complete the development of the Class "C" Sign.
Any sign owner claiming to have vested rights under this
Section (3) must file an application with the City Council for a
vested rights determination within 90 days of the effective date of
this section. The application shall be accompanied by a fee of
$1,500.00 and contain a sworn statement as to the basis upon which
the vested rights are asserted, together with documentation
required by the City and other documentary evidence supporting the
claim. The City Council shall hold a public hearing on the
application and based upon the evidence submitted shall make a
determination as to whether the sign owner has established vested
3
rights.
Section 4. Appeals. Appeals from final decisions by the
Council under Sections (2) or (3) of this Ordinance shall be by the
filing of a notice of appeal in the Circuit Court of the Eleventh
Judicial Circuit in and for Dade County in accordance with the
Florida Rules of Appellate Procedure for the review of the rulings
of commissions or boards.
Section 5. Modification to vested development. Within 120
days of a final determination of vested rights under Section (3),
a property owner shall have the right to file an application
requesting a modification to the vested development,
notwithstanding the moratorium, imposed by this section. In
considering the applications, the City Council shall apply all
established criteria and land development regulations then in
effect, including applicable concurrency regulations, and zoning in
progress. This right to apply for modification does not in any
manner vest any rights, and such application shall be considered a
new application subject to de novo proceedings.
Section 6. Exhaustion of administrative remedies. No sign
owner claiming that this section as applied constitutes or would
constitute a temporary or permanent taking of private property or
an abrogation of vested rights may pursue such claim in court
unless he or she has first exhausted the administrative remedies
provided in this section.
Section 7. Replacement of County Code Moratoria Provisions
for Specific Matter Concerninq Class "C" Siqns. Pursuant to City
4
Charter Section 8.03, this Ordinance shall replace the provisions
of Section 33-319 et seq. of the County Code concerning building
and zoning moratoria· solely as related to the subject matter of
this Ordinance concerning and pertaining to Class "C" Signs, to the
fullest extent authorized by law.
Section 8. Term. The moratorium imposed by this Section is
temporary and, unless dissolved earlier by the City Council, shall
automatically dissolve upon the adoption of the new Class "C" Sign
regulations of the City, the
expeditiously pursued.
Section 9. Effective Date.
formulation of which shall be
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
· 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
reading. The
, and upon being put
, who moved its adoption on second
motion was seconded by Councilmember
to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
5
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.
ATTEST:
MAYOR
ACTING CITY CLERK
APPROVED AS TO FORM AND
CITY ATTORNEY
day of July,
day of
6
CITY OF AVENTURA
OFFICE OFTHECITYMANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Eric M. Soroka, City
July 12, 1996
Ordinance Establishing Regulations for Temporary Political Signs
Ist Reading July 16, 1996 City Council Agenda Item. 7LL._
2nd Reading August 20, 1996 City Council Agenda Item _
Based on concerns expressed by the City Council regarding the
temporary political signs throughout the City, the attached Ordinance
prepared fer your consideration.
If you have any questions, please feel free to contact me.
EMS/ne
Attachment
CM0043-96
installation of
has been
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ADOPTING A PORTION OF THE SIGN CODE OF
AVENTURA, FLORIDA PROVIDING FOR THE
REGULATION OF TEMPORARY POLITICAL SIGNS;
PROVIDING FOR REMOVAL OF IMPROPER SIGNS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
PENALTIES; PROVIDING FOR REPLACEMENT OF
COUNTY TEMPORARY POLITICAL SIGN REGULATIONS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 8.03 of the City Charter of the City of Aventura
(the "City"), there is presently in effect within the City of Aventura the provisions of
Article VI "Signs" of Chapter 33 "Zoning" of the Code of Ordinances of Metropolitan
Dade County (the "County Code") providing for the regulation of signs within the City;
and
WHEREAS, the City Council desires to implement, in a phased approach, a new
system of sign regulations which will ultimately replace the County Code regulations
referenced above withn the City; and
WHEREAS, the City Council desires to implement, as the first phase of the City's
new sign regulations, provisions addressing temporary political signs, currently
regulated as Class "A" (temporary) signage under County Code, as provided in this
Ordinance.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. There is hereby adopted the following Ordinance to provide for the
regulation of Temporary Political Signs within the City of Aventura, as follows:
Sec. 1.01. Temporary Political Signs Requlations. These regulations
shall govern the installation, maintenance and display of temporary
political signs in the City of Aventura.
Sec. 1.02. Definition. "Temporary Political Sign" shall mean any sign
which advocates or suggest to the reader that he or she vote for or
against, endorse or not endorse, contribute or not contribute to, or
otherwise support or refrain from supporting in any way any proposition to
be voted upon by the public or any individual seeking election or
appointment to a particular position or office. The term shall also include
any sign which declares or affirms support or endorsement for any
proposition to be voted on by the public or any individual seeking election
or appointment to a particular position or office.
Sec. 1.03. Permit Requirements and Limitations.
a. No Temporary Political Sign shall be placed on public rights-of-way or
on property owned or used by the City of Aventura.
No Temporary Political Sign shall be placed upon any public utility pole
or equipment, traffic control device or structure, bridge, guardrail or
public traffic or location signs.
Each candidate in a municipal election and non-municipal elections
shall, prior to the installation and/or construction of signs in
accordance with this Ordinance, post or cause to be posted with the
City a refundable cash bond in the minimum amount of $350.00
Any candidate who has filed his or her qualifying fee pursuant to
Section 99.095, Florida Statutes (1991) shall be exempt from the
requirement of posting the cash bond.
Temporary Political Signs shall be permitted in all zoning districts
provided that no Temporary Political Sign shall be permitted to remain
longer than seven (7) days after the election. In the event, a candidate
fails to remove all Temporary Political Signs within the stated time
frame, he/she shall forfeit the refundable cash bond.
f. Each property owner or occupant in residential zoning districts, shall
be permitted one sign per candidate or ballot issue. The maximum
2
size of any individual Temporary Political Sign shall not exceed four
and one-half (4 1/2) square fee in area.
In all other zoning districts, the maximum size of any one Temporary
Political Sign shall not exceed sixteen (16) square feet and the total
signable area for Temporary Political Signs located on any single
property shall not exceed sixty-four (64) square feet.
No Temporary Political Sign shall be placed within five (5) feet of any
easement of the property upon which the sign is located. No
Temporary Political Sign shall be located within ten (10) feet of the
edge of the pavement or any or street if there is no sidewalk.
Temporary Political Signs shall be located solely on the property side
of the sidewalk if there is a sidewalk.
All Temporary Political Signs placed on vehicles or machinery in
residentially zoned property (except bumper stickers) shall not exceed
four and one-half (4 ~) square feet an shall be securely fastened to
the vehicle in order to ensure that the vehicle is capable of being
operated in a safe manner upon the roads of the State of Florida.
Portable Temporary Political Signs, except for those securely fastened
to vehicles, herein defined as "signs not secured to the ground in
accordance with Chapter 442 of the South Florida Building Code, as
may be amended," shall not be allowed.
k. No Temporary Political Sign shall be located on property in such a
manner as to interfere with or present a hazard to the flow of traffic
along the streets adjacent to the property upon which the Temporary
Political Sign is located.
Any individual or entity who posts or cause to be posted a bond
pursuant to subparagraph Sec. 1.03 c. herein, and/or the owner and/or
tenant of the property where a temporary political sign is located, shall
be responsible for any hazard to the general public which is caused by,
or created by reason of, the installation and/or maintenance of
Temporary Political Signs, The candidate shall also be responsible for
the prompt removal of such signs.
m. The City Manager or his/her designee shall furnish a copy of this
Ordinance to all qualifying candidates who shall sign and date an
acknowledgment of receiving the document.
3
Section 1.04. Removal of Improper Siqns.
a. Any Temporary Political Sign not posted in accordance with the
provisions of this Section and any such sign which exists in violation of
this Section shall be deemed to be public nuisance and shall be
subject to removal by the candidate, property owner or the City. If the
City removes the sign as a last resort, the City Manger or his/her
designee shall deduct the cost and expense of removal from the
posted cash bond.
b. Emerqency. Notwithstanding the above, the City Manager may
cause the immediate removal of any sign that constitutes a nuisance
or poses an immediate danger to the health, safety or welfare of the
community. City personnel may enter onto premises, with or without
the property owner's consent, for emergency removal.
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.
Section3. Penalty. Any person who violates any provisions of this
Ordinance shall, upon conviction, be punished by a fine not to exceed $500 or
imprisonment in the County jail not to exceed sixty (60) days or both such fine and
imprisonment. Each day that a violation continues shall be deemed a separate
violation. This Ordinance shall be subject to enfomement under the Local Government
Code Enforcement Act, Chapter 162, F.S., as amended. Enforcement may also be by
suit for declaratory, injunctive or other appropriate relief in a court of competent
jurisdiction.
4
Section 4. Replacement of Temporary Political Siqn Regulations.
Pursuant to City Charter Section 8.03, this Ordinance shall replace the provisions of
Sec. 33-99, of the Metropolitan Dade County Code pertaining to Temporary Political
Signs, to the fullest extent authorized by law.
Section 5. 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:
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
moved its
who
Councilmember
follows:
adoption on
second reading. This motion was seconded by
, and upon being put to a vote, the vote was as
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
day of July, 1996.
5
PASSED AND ADOPTED on second reading this day of August, 1996.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH,
ACTING CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
6
CITY OF AVENTURA
OFFICEOFTHEClTYMANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council y to~~Se re
Eric M. Soroka, Cit
July 12, 1996
Recommendation ct Firm for
Architect Services
Professional
Landscape
July 16, 1996 Council Meeting Agenda Item'S_
Recommendation
It is recommended that the City Council adopt the attached Resolution which selects
the firm of O'Leary Design Associates to perform Landscape Amhitect Services and
authorizes the City Manager to negotiate the scope of services and fees.
Backqround
One of the major goals and priorities adopted by the City Council is to develop a City-
wide beautification program that would address landscaping, signage, bus benches and
shelters. In addition, the firm would assist with maintenance functions, site plan review
and preparation of landscape ordinance. As previously discussed, in order to address
these issues, it is necessary to obtain the services of a professional landscape
architect.
In accordance with the Consultants' Competitive Negotiation Act, Chapter 287.055, F.S.
relative to the competitive selection of consultants, a Review Team, consisting of the
Community Services Director and City Manager was formed to receive and evaluate
proposals and interview firms to prepare a recommendation to the City Council on the
firm to perform the required work.
The following is a brief summary of the action taken by the Team to arrive at our final
recommendations:
1. An RFP advertisement requesting Professional Landscape Architect Services
was placed in the newspaper and distributed to the vendor list.
2. On July 1, 1996, proposals were publicly opened from the following firms:
Memo to City Council
July 12, 1996
Page 2
Bermello-Ajamil
Bruno Elias
Curtis & Rogers Design
Design Studio West
Keith & Schnarrs
Kunder & Sprecher & Associates
Landscape Planning associates
Nanci Butler & Associates
O'Leary Design Group
Savino & Miller
Wallace Roberts & Todd
Witkin Design Group
3. A shortlist of the following Firms was developed and representatives for the
firms were interviewed by the Team on July 10, 1996:
Q'Leary Design Associates
Rosenberg Design Group
Wallace Roberts & Todd
Based on the interview, each team member ranked the Firms independently
and then reached a decision to recommend one firm to the City Council with
one alternate which would be called upon, should we fail to reach favorable
terms with the top ranked firm.
Based on the process, we recommend that the firm of O'Leary Design Associates be
selected as the City's Landscape Architects. In the event we cannot come to favorable
terms, as far as scope of services and fees, we recommend the firm of Wallace Roberts
& Todd.
Although most of the firms who make written and oral presentations are well qualified,
we recommend the firm of O'Leary Design Associates for their experience in developing
landscape projects for Bal Harbour Village and their experience with FDOT. I am
confident that they would provide the services expected by the City Council to
accomplish our goals.
Now that the Team has completed its work, the following actions are necessary to
complete the process:
Adopt the attached Resolution, which serves three (3) specific purposes.
First, the specific consultant firm is selected. Second, it authorizes the City
Manager to negotiate the scope of services and fees to be charged with said
Memo to City Council
July 12, 1996
Page 3
firm. Third, it establishes the firms as alternates, should we be unable to
reach favorable terms with the selected firm.
2. After the scope of services and fees are negotiated, a resolution will be
presented to the City Council at the next meeting which details the scope of
services and fees to be charged.
Copies of all proposals received are available for your inspection in the City Manager's
office.
Should you have any questions, please feel free to contact me.
EMS/ne
Attachment
CC0041096
Landscape Architect Finalists
~. ~i~ Mediansand Design ..andScape Planning Overall TOTAL
~.~:%:~,:~:;~,~/~:~:,~Slreetscapes Concepts Specifications &Zoning presentation
~ 5 5 5 4 4 23
~.:% 4 4 3 5 4 20
:Comments:
I O'Leary Design Associates
Good examples provided of pest works and works in progress, both visual and documentation.
Outstanding use of hard and serf landscaping intecjrating buildings with selective plant material.
Multi disciplined approach, medium sized firm.
Experience with FDOT, Dade County, and as L.A. for several comparable cities.
Extensive experience in writing landscape maintenance standards, as training for maintenance personnel.
Comments:
Rosenberg Des gn Group
Compatant knowledge of L.A. principles
"Defensive" landscaping approach
Small firm
Wrote ordinances and codes
Limited experience in landscape maintenance contract managment.
CI c°mments:
Wallace, Roberts, & Todd
International Company
Extensive wrok in large cities.
Good knowledge of L.A. concepts, streetscapes and medians.
Good working relationship with ~ulatory agencies.
Adequate experience in developing maintenance contract specifications.
Prepared by Robert M. Sherman
Community Services Director 7/10/96
REQUEST FOR PROPOSALS
RFP #96-02
CITY OF AVENTURA
PROFESSIONAL LANDSCAPE ARCHITECT SERVICES
In accordance with the Consultants' Competitive Negotiation Act, Chapter 287.055,
F.S., the City of Aventura invites qualified Landscape Architect firms to submit Letters
of Interest, Statements of Qualifications and Experience, and Standard Forms 254 and
255 for consideration to provide the following services:
PROFESSIONAL LANDSCAPE ARCHITECT SERVICES
The scope of services should include but not be limited to the following on a contractual
basis:
· Design City's Master Landscape/Beatification Plan
· Prepare project bid specifications
· Design individual projects
· Provide professional assistance for maintenance related issues
· Development of maintenance standards
· Landscape Ordinance
· Site plan review
Interested firms should submit five(5) copies of all materials which indicate interest,
background qualifications and experience to:
Office of the City Manager
City of Aventura
2999 N. E. 191 Street
Suite 500
Aventura, FL 33180
Submittals must be received no later than 4:00 p.m. on July 1, 1996 and clearly
marked on the outside" PROFESSIONAL LANDSCAPE ARCHITECT SERVICES"
Late submittals will not be accepted.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, SELECTING THE FIRM OF O'LEARY DESIGN
ASSOCIATES, P.A. TO PERFORM PROFESSIONAL LANDSCAPE
ARCHITECT SERVICES FOR THE CITY; ACCEPTING AND
OTHERWISE AUTHORIZING THE CITY MANAGER OF THE CITY OF
AVENTURA, FLORIDA, ON BEHALF OF SAID CITY, TO NEGOTIATE
THE TERMS AND FEES FOR SAID WORK; AUTHORIZING
NEGOTIATION WITH ALTERNATE FIRMS TO PERFORM THE
REQUIRED SERVICES SHOULD NEGOTIATIONS WITH SELECTED
FIRM BE UNSUCCESSFUL; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Aventura, in accordance with applicable State law, has
requested proposals from firms for services relative to Landscape Amhitect Services;
WHEREAS, said proposals were evaluated by a Review Team consisting of the
City Manager and the Director of Community Services; and
WHEREAS, said Review Team recommends the selection of the firm of O'Leary
Design Associates, P.A. based on said firm's experience and qualifications; and
WHEREAS, said Review Committee recommends the selection of the firm of
Wallace Roberts & Todd should the City be unable to reach favorable terms with
O'Leary Design Associates, P.A.; and
WHEREAS, the City Council desires to authorize the City Manager to negotiate
scope of services and fees with the recommended firms, and with the alternate firm(s),
should negotiations with the recommended firm be unsuccessful.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, THAT:
Section 1. The firm of O'Leary Design Associates, P.A. be and the same is
hereby selected to perform Professional Landscape Architect Services for the City.
Section 2. O'Leary Design Associates, P.A. has been selected on the basis of
their experience and qualifications and have not finalized a fee structure with the City.
Therefore, the City Manager shall immediately negotiate the scope of services and
basis of fee with said firm.
Section 3. The basis of fee, above described, shall be negotiated by the City
Manager and approved by the City Council prior to said firm beginning any labor or
work for which the City may later be billed.
Resolution No.
Page 2
Section 4. In the event the City is unable to come to favorable terms and fees
with the firm of O'Leary Design Associates, P.A., the City Manager is hereby authorized
to negotiate scope of services and fees with the alternate firm of Wallace Roberts &
Todd.
Section 5. That this Resolution shall become effective immediately upon its
adoption.
The foregoing resolution was offered by Councilmember
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.
A'FFEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH,
ACTING CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council ~
Eric M. Soroka, City
July 12, 1996
Recommendation
Services
to Select
Firm for Professional
Engineering
July 16, 1996 Council Meeting Agenda Item'S__
Recommendation
It is recommended that the City Council adopt the attached Resolution which selects
the firm of Keith and Schnars, P.A. to perform general professional engineering
services on behalf of the City and C.A.P. Engineering to perform building inspection
services. The Resolution also authorizes the City Manager to negotiate the scope of
services and fees.
Background
As previously decided, the City's engineering function would be privatized and
performed by a consulting firm on a contractual basis. Areas of expertise would include
drainage facilities, road construction and maintenance, traffic engineering, GIS Mapping
System, utility, infrastructure, plat and site plan review. The Firm would also evaluate
private road issues and safety issues regarding bike paths and lighting.
In accordance with the Consultants' Competitive Negotiation Act, Chapter 287.055, F.S.
relative to the competitive selection of consultants, a Review Team, consisting of the
Community Services Director, Community Development Director, and City Manager
was formed to receive and evaluate proposals and interview firms to prepare a
recommendation to the City Council on the firm to perform the required work.
The following is a brief summary of the action taken by the Team to arrive at our final
recommendations:
1. An RFP advertisement requesting General Professional Engineering Services
was placed in the newspaper and distributed to the vendor list.
2. On July 1, 1996, proposals were publicly opened from the following firms:
Memo to City Council
July 12, 1996
Page 2
Berry & Calvin
Brownell & Associates
Bruno Elias
C.A.P. Engineering
Carr Smith & Associates
Civil-Tech Group
Dames & Moore
E.N. Bechamps & Associates
Eleanor Carney Associates
James Aylward & Associates
Keith and Schnars, P.A.
Kunde, Sprecher & Associates
Marlin Engineering
Post, Buckley, Schuh and Journigan
Williams, Hatfield & Stoner
3. A shortlist of the following Firms was developed and representatives for the
firms were interviewed by the Team on July 11, 1996:
Keith and Schnars, P.A.
C.A.P. Engineering
Post, Buckley, Schuh and Journigan
Consul-Tech
Brownell & Associates
Based on the interview, each team member ranked the Firms independently
and then reached a decision to recommend one firm to the City Council with
one alternate which would be called upon, should we fail to reach favorable
terms with the top ranked firm.
Based on the process, we recommend that the firm of Keith and Schnars, P.A. be
selected to perform professional engineering services. In the event we cannot come to
favorable terms, as far as scope of services and fees, we recommend the firm of C.A.P.
Engineering.
Although most of the firms who make written and oral presentations are well qualified,
we recommend the firm Keith and Schnars, P.A. for the following reasons:
1. Willingness to relocate closer to or into the City.
2. Overall firm strength in all areas of expertise required by the City.
3. Responsiveness.
4. Experience with FDQT and major traffic construction.
Memo to City Council
July 12, 1996
Page 3
5. GIS Mapping capabilities projects.
I am confident that they would provide the services expected by the City Council to
accomplish our goals.
In addition, based on the presentation made by C.A.P. Engineering and their firm's
expertise, we recommend that the City retain their services to perform building
inspection services. The City would privatize this function as well and would only need
to hire a Building Official to oversee the inspection process. Several cities have utilized
this method which has yielded positive results and eliminated the need to lay off
employees once the building demand decreases.
Now that the Team has completed its work, the following actions are necessary to
complete the process:
Adopt the attached Resolution, which serves three (3) specific purposes.
First, the specific consultant firms are selected. Second, it authorizes the City
Manager to negotiate the scope of services and fees to be charged with said
firm. Third, it establishes another engineering firm as an alternate, should we
be unable to reach favorable terms with the selected firm.
After the scope of services and fees are negotiated, a resolution will be
presented to the City Council at the next meeting which details the scope of
services and fees to be charged for both engineering and building inspection
services.
Copies of all proposals received are available for your inspection in the City Manager's
office.
Should you have any questions, please feel free to contact me.
EMS/ne
Attachment
CC0042-96
Consulting Engineer Finalists
The following chart represents a cumulative total of the rating panel. The panel consisted of Edc M.
ISoroka, City Manager, Jaye M. Epstein, Director of Community Development, and Robert M.
ISherman, Director of Community Services. Each firm was gave a 20 minute presentation followed
by a question and answer period. Each rater scored each category on a 1 to 5 basis, with 5 being
ithe highest rating available.
i Based upon the final scores, and each firm's individual strengths, it is recommended that the City
iCouncil retain Keith & Schnarrs as the City's Consulting Engineer, and retain C.A.P. Engineering to
I~perform building inspection services, thereby privatizing that function as well. This approach will
:e m hate the need for full time building inspectors.
Traffic Project Platting and Gl8 Full Service Overall TOTAL
Civil
Engineering Engineering Managment Site planning Mapping Ability presentation
15 15 14 13 15 12 15 99
14 14 15 14 7 10 13 87'
13
12 9 11 13 10 10 78
13 13 10 12 13 12 11 84
12 13 11 9 10 9 10 7'4
REQUEST FOR PROPOSALS
RFP #96-01
CITY OF AVENTURA
GENERAL PROFESSIONAL ENGINEERING SERVICES
In accordance with the Consultants' Competitive Negotiation Act, Chapter 287.055,
F.S., the City of Aventura invites qualified Engineering firms to submit Letters of
Interest, Statements of Qualifications and Experience, and Standard Forms 254 and
255 for consideration to provide the following services:
GENERAL PROFESSIONAL ENGINEERING SERVICES
The scope of services should include but not be limited to providing municipal
engineering services on a contractual basis. Areas of expertise should include the
following:
Drainage facilities
Road construction & maintenance
Traffic engineering
GIS Mapping system
Utility infrastructure
Plat & site plan review
Interested firms should submit five(5) copies of all materials which indicate interest,
background qualifications and experience to:
Office of the City Manager
City of Aventura
2999 N. E. 191 Street
Suite 500
Aventura, FL 33180
Submittals must be received no later than 4:00 p.m. on July 1, 1996 and clearly
marked on the outside" GENERAL PROFESSIONAL ENGINEERING SERVICES"
Late submittals will not be accepted.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, SELECTING THE FIRM OF KEITH AND
SCHNARS, P.A. TO PERFORM GENERAL PROFESSIONAL
ENGINEERING SERVICES FOR THE CITY; SELECTING THE FIRM OF
C.A.P. ENGINEERING SERVICES TO PERFORM BUILDING
INSPECTION SERVICES; AUTHORIZING THE CITY MANAGER OF
THE CITY OF AVENTURA, FLORIDA, ON BEHALF OF SAID CITY, TO
NEGOTIATE THE TERMS AND FEES FOR SAID WORK;
AUTHORIZING NEGOTIATION WITH ALTERNATE PROFESSIONAL
ENGINEERING FIRMS TO PERFORM THE REQUIRED SERVICES
SHOULD NEGOTIATIONS WITH SELECTED FIRM BE
UNSUCCESSFUL; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Aventura, in accordance with applicable State law, has
requested proposals from firms for services relative to General Professional
Engineering Services;
WHEREAS, said proposals were evaluated by a Review Team consisting of the
Director of Community Services, the Director of Community Development, and the City
Manager; and
WHEREAS, said Review Team recommends the selection of the firm of Keith
and Schnars, P.A. and C.A.P. Engineering based on said firms' experience and
qualifications; and
WHEREAS, said Review Committee recommends the selection of the firm of
C.A.P. Engineering should the City be unable to reach favorable terms with Keith and
Schnars, P.A.; and
WHEREAS, the City Council desires to authorize the City Manager to negotiate
scope of services and fees with the recommended firms, and with the alternate firm(s),
should negotiations with the recommended firm be unsuccessful.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, THAT:
Section 1. The firm of Keith and Schnars, P.A. be and the same is hereby
selected to perform General Professional Engineering Services for the City.
Section 2. The firm of C.A.P. Engineering is hereby selected to perform
building inspection services for the City.
Resolution No.
Page 2
Section 3. Both firms have been selected on the basis of their experience and
qualifications and have not finalized a fee structure with the City. Therefore, the City
Manager shall immediately negotiate the scope of services and basis of fees with said
firms.
Section 4. The basis of fee, above described, shall be negotiated by the City
Manager and approved by the City Council prior to said firms beginning any labor or
work for which the City may later be billed.
Section 5. In the event the City is unable to come to favorable terms and fees
with the firm of Keith and Schnars, P.A., the City Manager is hereby authorized to
negotiate scope of services and fees with the alternate firm of C.A.P. Engineering.
Section 6. This Resolution shall become effective immediately upon its
adoption.
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 Patri¢ia 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
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Council ' M~a~er
Eric M. Soroka, C
Harry M. Kilgore, Fin~.~upport Services Director'¥~-c--
July 12, 1996
Resolution Appointing The Rhodes Insurance Group to Serve as
Group Insurance Broker/Consultant
July 16, 1996 Council Meeting Agenda Item
Recommendation
It is recommended that the City Council adopt the attached resolution which appoints
the firm of Rhodes Insurance Group as the City's Group Insurance BrokedConsultant.
Back_oround
In order to proceed with the process of obtaining group insurance benefit programs for
City employees, we have determined that the City would be best served by hiring an
Insurance Broker/Consultant. This agent would work with City staff to develop detailed
specifications for each insurance coverage and would work with prospective carriers as
we go through the RFP process. All costs of the broker/consultant would be paid by
commissions received from each insurance carrier.
In order to begin the process, the City issued a Request for Qualifications whereby
firms were asked to submit packages reflecting their interest, qualifications, and
experience to the City. We advertised in the Miami Herald. We mailed and/or faxed
copies of the RFQ to 13 firms who had requested to be mailed such documents. A
copy of the RFQ is attached as Appendix A.
On July 9th, proposal packets were publicly opened from six firms. One firm submitted a
proposal on July 10th. A listing of the firms who responded is attached as Appendix B.
A copy of all written proposal packets are available in the City Manager's Office.
The proposal packets were reviewed by a Review Team consisting of the City Manager
and the Finance Support Services Director. A short list of three firms was established
based on the qualifications reflected in the written proposals. The following firms were
interviewed by the Review Team on July 12, 1996: McKinely Financial Service
Lloyd F. Rhodes Insurance Group
Sapoznik Insurance & Associates, Inc.
Based on the interviews and reference verification, the Review Team recommends that
Rhodes Insurance Group be chosen to serve as the Group Insurance
Broker/Consultant. This firm demonstrated a strong background in developing quality
group insurance programs in both the public and private sector. We, therefore, believe
they will be able to prepare a program that offers good benefits and affordable costs to
both the City and employees.
After approval of the resolution, we will execute a letter naming Rhodes Insurance
Group as the Agent of Record for our Group Insurance program. They will work with us
to prepare a RFP for all coverages, work with prospective providers, and assist in
evaluating publicly opened proposals. We anticipate having a proposal award ready for
approval at the August 20th City Council meeting.
Should you have any questions, please feel free to contact me.
HMK/Ih
Appendix A
REQUEST FOR QUALIFICATIONS
CITY OF AVENTURA
GROUP INSURANCE BROKER/CONSULTANT
The City of Aventura is seeking to establish a working relationship with a Group
Insurance Broker/Consultant capable of providing assistance in the area of group life,
health, dental, LTD, and 125 plans. The selection of this broker/consultant will be
based on qualifications, experience and services provided by each respondent.
Respondents must meet the following criteria in order to be considered:
1. Respondents must be properly licensed in the State of Florida and provide
documentation of same.
Respondents must have at least ten years experience, specifically in the
group insurance market. Preference will be given to those individuals
demonstrating experience with writing public requests for proposals (RFP).
3. Respondents must have experience with small (under 20) and larger groups
of 100 or more employees.
4. Respondents must provide a minimum of 10 preferences of either existing
clients or former clients.
Respondents must provide a list of services which they would provide if
selected by the City of Aventura to act as the Group Insurance
Broker/Consultant.
6. All remuneration will be based on commissions under the group insurance
products selected.
Respondents must submit three (3) copies of all materials which indicate interest,
background qualifications and experience (meeting the above criteria) to:
Office of the City Manager
City of Aventura
2999 N. E. 191 Street
Suite 500
Aventura, FL 33180
Submittals must be received no later than 10:00 a.m. on Tuesday, July 9, 1996 and
clearly marked on the outside "GROUP INSURANCE BROKER/CONSULTANT." Late
submittals will not be accepted.
Eric M. Soroka
City Manager
CITY OF AVENTURA
RFQ for Group Insurance Broker/Consultant
Proposal Deadline: 10:00 am, July 9, 1996
Appendix B
Proposals received prior to deadline
Name Address
Phone
Fax Contact
Adams Benefit Corporation
600 Corporate Dr. Suite 320
Fort Lauderdale, FL 33334
305-772-9320 David B Adams
305-72-0080
Dade Underwriters Insurance Agency 18305 Biscayne Blvd. Suite 401
Aventura, FL 33160
305-932-5300 Susan H. Rachleff
305-932-5738
Kenneth Friedman Insurance
16499 NE 19th Ave. Suite 202
North Miami Beach, FL 33162
305-945-3523
305-947-0472
Kenneth Friedman
McKinley Financial Services
6555 Powerline Road, Suite 214 954-938-2685
Fort Lauderdale, FL 33309 954-938-2695
James E. Drake
Lloyd F. Rhodes Insurance Group
1219 East Las Olas Blvd
Fort Lauderdale, FL 33301
305-524~5075
305-525-1248
Lloyd F. Rhodes
Sapozniklnsurance & Associa~s, lnc. 16695 NE 10th Ave
North MiamiBeach, FL 33162
305-948-8887
305-949-1099
Rachel A. Sapoznik
Equitable 4000 Hollywood Blvd. Suite 705S 954-967-6442 Bob Steinfelder
(received afterdeadline / 7-10-90) Hollywood, FL 33021 954-963-5094
CITY OF AVENTURA
RFQ for Group Insurance Broker/Consultant
(Questionaire based solely on written RFQ documents)
Adams Dade Equitable Friedman McKinley Rhodes Sapoznik
Documentation to
show State of Florida
license?
2. At least 10 years
experience?
,/' ,/' ? ,/' ? ,/' ,/'
3. Experience with public
RFPs?
,/ ? ? ,/' ,/ ,/' V'
Experience with small
(<20) and large (>100)
groups?
5. At least 10 client
references provided?
,/' ? ? ,/ ,/ ,/' ,/'
(a) No names, phone #'s etc..
RESOLUTION NO. 96-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, DESIGNATING THE RHODES INSURANCE
GROUP AS THE CITY'S GROUP INSURANCE
BROKER/CONSULTANT; AUTHORIZING THE CITY MANAGER OF
THE CITY OF AVENTURA, FLORIDA, ON BEHALF OF SAID CITY, TO
EXECUTE AN AGENT OF RECORD LETTER; 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 obtain a Group Insurance program which offers
good benefits at an affordable cost to the City and its employees, and;
WHEREAS, proposals from firms to serve as Group Insurance Breker/Consultant
were reviewed by a Review team consisting of the City Manager and Finance Support
Services Director, and;
WHEREAS, the Review Team recommends that The Rhodes Insurance Group
be named as the City's Group Insurance Broker/Consultant, and;
WHEREAS, the City Council desires to authorize the City Manager to name The
Rhodes Insurance Group as the City's Group Insurance Broker/Consultant.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, THAT:
.~ The Rhodes Insurance Group is hereby designated as the City's Insurance
Broker/Consultant.
~ The City Manager of the City of Aventura, Florida, be and the same is
hereby authorized to execute an Agent of Record Letter and to do all things necessary
and expedient in order to carry out the aims of this Resolution.
et~ This Resolution shall become effective immediately upon its adoption.
The foregoing resolution was offered by Councilmember Holzberq
who moved its adoption. The motion was seconded by Councilmember Be.~]< ~ n
and upon being put to a vote, the vote was as follows:
Resolution No. 96-26
Page 2
Councilmember Arthur Berger ab
Councilmember Jay Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey Perlow yes
Vice Mayor Patricia Rogers-Libert yes
Mayor Arthur I. Snyder absent
PASSED AND ADOPTED this 16tn day of July, 1996.
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH
ACTING CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Eric M. Soroka, City/~.a~ er
July 9, 1996 (~' ( ~
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, 1996 City Council Meeting Agenda Item
The attached Ordinance madopts 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
WEISS SEROTA & I-IELFMAN,
ATTORN~'Y$ AT LAW
2e65 SOUTH 8A¥$HORE
SUITE 204
MIAMI, FLORIDA 33133
TELEPHONE (305) 854-0800
TELECOPtER (308) 854-~3~3
June 26, 1996
BROWARD OFFICE
EAST LAS OLAS BOULEVARD
SUITE 710
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 is effective as a new
law on October 1, 1996.
Sincerely, / ~
David M. Wolpin
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
effectiveness of the provisions of transitional Ordinance No.
the
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).
Section 1.
defined in Sec.
judicial matters
Brevard County v.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Communications with local public officials (as
286.0115(2), Fla. Stat. (1995) regarding quasi-
(as defined in Board of County Commissioners of
Snyder, 627 So.2d 469 (Fla. 1993), including the
adjudication of the rights of persons and the application of a
general rule or policy to a specific individual, property, interest
or activity) 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:
I. Purpose
QUASI-JUDICIAL PROCEDURES
City of Aventura, Florida
It is the purpose of these rules 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.
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
1. Applicants - Applicants may be represented by legal
3
counsel.
2. The City Council shall be advised by the City
Attorney.
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
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.
4. The City Staff shall present its report, offer it
into evidence, and have it made part of the record.
De
5. The Applicant shall present its case.
6. Participants in support of the Application shall
present their testimony and any evidence.
7. Opposition shall have the right to cross-examine
individual speakers.
8. Members may ask questions of any speaker through
the Chair.
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.
discuss the matter in public session
decision. No further presentations
shall be permitted unless directed
Council.
Members shall
and render a
or testimony
by the City
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.
5
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 Counc£1member Cohen,
who moved its adoption on first reading. The motion was seconded
by Vice Mayor Rogers-Libert, 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
yes
yes
yes
yes
yes
yes
yes
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
Councilmember Jeffrey Perlow
6
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED
1996.
PASSED
AND ADOPTED on first reading this 2nd
AND
1996.
ADOPTED on second reading this
day of
day
July,
of
ARTHUR I. SNYDER, MAYOR
ATTEST:
ACTING CITY CLERK
APPROVED AS TQ LEGA~SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council y~
Eric M. Soroka, Cit
July 9, 1996 %
er
Ordinance Creating Aventura Beautification, Recreation and Cultural
Arts Advisory Board
Ist 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 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. The attached document
includes all amendments approved by the City Council at the July 3, 1996 meeting.
Backqround
The attached Ordinance creates a Beautification, Recreation 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, 1997. Thereafter, terms of office is for one year.
· 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.
· Act as the City's tree Board for the Tree City USA requirements.
· 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
CITY OF AVENTURA
TO:
FROM:
DATE:
SUBJECT:
CITY COUNCIL
MEMORANDUM
Eric M. Soroka, City Manager
Jay Beskin, Councilmember j ~ {~
July 11, 1996
Revision to Agenda Meeting Format
July 16, 1996 City Council Meeting Agenda Item ~___
At the time the City Council was elected to office, various subcommittees were
appointed to perform various start-up functions. In order for the subcommittees to
function, it was important that they reported to the entire council at eaoh meeting.
Now that a City Manager and his staff are available to perform the administrative
functions of the City, the City Council needs to perform its function as a legislative
policy setting board. Therefore, I do not feel it is necessary to maintain the report
section of the Agenda. If a Councilmember wishes to place an item on the Agenda,
he/she may do so by utilizing the "Other Business" portion of the Agenda.
In this regard, I am proposing that legislation be prepared to delete the report section of
the Agenda because it is no longer necessary.
Please place the necessary Resolution on this agenda to accomplish the above.
JB/ne
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA AMENDING RESOLUTION NO. 96 - 18 WHICH
DID ADOPT THE COMPREHENSIVE COUNCIL MEETING AND
AGENDA PROCEDURES; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA:
Section 1. The following section of Resolution No. 96-18 which did adopt the
Comprehensive Council Meeting and Agenda Procedures is hereby amended:
c. ORDER OF BUSINESS
The order of business of the Council at the regular meetings shall be as follows.-
1. Call to Order/Roll Call
2. Pledge of Allegiance
3. Approval of Minutes
4. Special Presentations
5. Consent Agenda
6. Public Hearings - Ordinances, Land Use Items etc.
7. Resolutions
~8. Other Business
10.9. Public Comments
11.10.Adjournment
f. COUNCIL MEETING ITEMS
Section 2. Conflict All Resolutions or parts of Resolutions in conflict herewith
be and the same are hereby repealed to the extent of such conflict.
Section 3. Severability If any clause, section, or other part or application of
~his Resolution shall be held by any Court of competent jurisdiction to be
Coding: Words in highliqhted type are additions
Words in ~tt!~--. *.hr,_, type are deletions
unconstitutional or invalid, such unconstitutional or invalid part or application
shall be considered as eliminated and so not affecting the validity of the
remaining portions or applications of this Resolution, with such ineffective
provisions or applications remaining in full force and effect.
Section4. Effective Date That this Resolution shall become effective
immediately upon its adoption.
The foregoing resolution was offered by
adoption. The motion was seconded by
put to a vote, the vote was as follows:
, who moved its
and upon being
Councilmember Arthur Berger
Councilmember Jay Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur Snyder
PASSED AND ADOPTED this
day of
,1996.
ATTEST:
ARTHUR SYNDER, MAYOR
ACTING CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
2
Sent by: GREENBERG TRAURIG 305 579 0717; 07/16/96 3=11PM;.Je~ #673;Page 2/2
6Ri[NB[fl6
Jul~ 16, 1996
VIA FAX
Mr. Eric Sorok~ City Manager
City of Aventura
29~9 N,E. 191
Suite 5~
Av~ FIo~ 3~i80
~: Pub~ ~a~ns No, 95~60 - Tu~ Co~ Club / R~u~t for D~ral
Deer Eri~:
This letter is to advise you oF the intent of' the applicant to seek a defmTid ,of the matter
refermlced nbov~ to the AuBOs[ 20, 1996 heerins of'the City of Avenaul City Cl~mmission. We
intend to make this request in order to afford our olient the opportunity tO ~,ontinue meerinll with
re~tdents of the O~,.ronado condominium, soma of' whom have raised questions c. onc~.min~ this
matter. It is our Boat to take this additional time to P. dly cleri~y and at, plain the benefits of this
application to the Coronado resJdants and to provide thom with the oppot, tunity to adv~ us or'
any substantive ~onc. erm whioh we may addrmm and attempt to msolvo prior to the hnar[n~
conGern~n$ this matter..
Think you for your attention to this matter,
Richard Weiss, ESq,
Jeff Bas~, Esq.
Ms. Diane O'Quinn Williams
~, Jens Orafe
Ms, Fern Cantor
M:r. Phil Ward
Nit. Brace Bro~ch
Robert H, Trauril~, Esq.
WEISS SEI~OTA & HELFMAN, P.A.
ATTORNEYS AT LAW
2665 SOUTH BAYSHORE DRIVE
SUITE
MIAMI, FLORIDA 33133
July 8, 1996
Honorable Mayor and Councilmembers
City of Aventura
2999 NE 191st Street, Suite 500
Aventura, Florida 33180
Re: Time Deadlines for Placement of Questions on November 5,
1996 General Election Ballot
Dear Mayor and Councilmembers:
This is in response to the question raised by the City Council
at the July 2, 1996 Council meeting as to the applicable time
deadline for placement of questions on the November 5, 1996 general
election ballot.
Please be advised that any proposed municipal charter
amendment must be adopted by the City Council by September 6, 1996
for placement on the November 5, 1996 general election ballot.
This would require two readings of a proposed ordinance providing
the specific charter amendment, along with adoption of an election
resolution, to be adopted at the time of final reading of the
proposed ordinance. If such charter amendment is desired, we will
prepare the necessary ordinance and resolution.
Please advise if anything further is required.
Very truly yours,
David M. Wolpin
DMW/tms/328001
cc: Eric M. Soroka, City Manager
Richard Jay Weiss, Esq.
VIA FACSIMILE AND U.S.
WEISS SEROTA ~ HELFlWAM, P._A~.
ATTORNEYS AT LAW
:=665 SOUTH BAYSHORE DRIVE
SUITE :=04
MIAMI, FLORIDA 33133
July 9, 1996
MAIL
Ms. Diane O'Quinn Williams
Supervisor
Zoning Hearings Section
Metropolitan Dade County
Department of Planning, Development
and Regulation
111 NW 1st Street Suite 1110
Miami, Florida 33128-1974
Re: City of Aventura - Proposed Moratorium Concerninq Class
"C" Siqns
Dear Diane:
Please be advised that at the July 2, 1996 Aventura City
Council meeting, the City Council directed me to prepare a proposed
ordinance providing for a moratorium on the installation,
construction or modification of Class "C" Commercial Advertising
Signs, including Billboards. The proposed ordinance will be
considered, at first reading, at the City Council meeting of July
16, 1996. In light of the pendency of this legislative matter, we
request that your department not process or issue any additional
permits for Class "C" Signs within the City limits of the City of
Aventura, in the absence of City review and approval of such Class
"C" Sign.
Thank you for your continued assistance.
Sincerely,
David M. Wolptn
DMW\tms\328001
enclosures
cc: Honorable Mayor and Councilmembers
Mr. Eric M. Soroka, City Manager
Mr. Reinaldo Villar, Metro-Dade Zoning
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/kJa Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Dada
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
NOTICE
CITY OF AVENTURA
RE: OCCUPATIONAL LICENSE
TAX SCHEDULE
in the ................... ~.... ~, ....,~.... ,~. - .2~ ............................ Court,
was published in said newspaper in the issues of
July 31, 1996
(See Attached)
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 Dada County, Florida,
each day (except Saturday, Bunday and Legal Holidays) and
has been entered as second class mail matter at the post
office in Miami in said Dada County, Florida, for a period of
one year next preceding the first publication Of the attached
copy of advertisement; and affiant further says that she has
neither paid nor promised any er firm or corporation
any di unt, rebate, corn nd for the purpose
no~lYs~urin[.g this ad~iostion in the said
Swo~n to and subscribed before me this
31 July AD 19 96
~ ' I ~' ~Od CHERYL H I~ARMER
(SEAL)
I "~oF'~vo~ APR. 12,2000
A12 · WEDNESD.=.Y, SULY 31,19.96 ,o M .I,~M I D~AILy BUSINESS REVIEW
NOTICE
OCCUPATIONAL LICENSE TAX SCHEDULE
A
C
D
E
F
G
M
PUBLIC NOTICE OF THE PRoP~-SED
ORDINANCE
OF THE CITY OF AVENT, URA
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
JULY 16, 1996
in the ........................ 3~X'~ ..................................... Court,
was published in said newspaper in the issues of
Jul 9, 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 Dada County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
office in Miami in said Dade County, Florida, for a period of
one year next preceding the first publication of the attached
copy of advertisement; and affiant further says that she has
neither paid nor promised any pe or corporation
any discou bate, commis for the purpose
of securi this sdvertls atlon in the said
Sworn to and subscribed before me this
9 July 96
........ day of ............................................................ , A.D. 19 ......
(SEAL) r'~j.~,o,,,~ ~J:FICIAL NOTARY S~AL~
· ~r' ' ~'~ CHERYL H MARMER
Octelma V. Ferbeyre per~'~,l~, ~ f~me.¢o~,l.~to. B,.e~a'I
! 'Or'f~ APR. 12,20~,0j
NOTICE IS HEREBY GIVEN that on Tuesday, the 16th day of July
1995. at a meeting of the City Council of the City of Aventura. To be
held at 7:00 p.m. in the Council Meeting Room at the Aventura Hosci-
tal Medical Ads Building, 21110 Biscayne Boulevard Suite 101
Aventura. Florida. the City Council will consider the aaoption of the
following Ordinances. entitled:
AN'~RDINANC~ OF THE CITY OF AVENTURA. FLORIDA
MPLEMENTING THE PROVISIONS OF SECTION
286.0115 FLORIDA STATUTES, (1995) TO ESTABLISH A
=ROCEDURE GOVERNING EX PARTE COMMUNICA-
TIONS WiTH LOCAL PUBLIC OFFICIALS CONCERNING
QUASI-JUDICIAL MATTERS: PROVIDING ADOPTION OF
QUASI-JUDICIAL HEARING PROCEDURES: PROVIDING
FOR SEVERABILITY: PROVIDING FOR AN EFFECTIVE
DATE. (Second 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 RES-
PONSIBILITIES; RULES OF PROCEDURE; JURISDICTION:
PROVIDING FOR SEVERABILITY: AND PROVIDING FOR
~.N EFFECTIVE DATE. (Second Reading)
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA.
PROVIDING FOR THE ~CREATION OF THE CITY OF
AVENTURA BEAUTIFICATION. RECREATION AND CUL-
TURAL ~RTS ADVISORY BOARD: PROVIDING FOR
CREATION; COMPOSITION AND QUALIFICATIONS: TERM
OF OFFICE; ADVISORY CAPACITY; RULES OF PROCE-
DURE: JURISDICTION; PROVIDING FOR SEVERABILITY:
AND PROVIDING AN EFFECTIVE DATE. (Second Reading)
The oroposad Ordinances may 6e inspected by the 3ublic at the Of-
rice of the City Manager. 2999 N.E. 191st Street. Suite 500, Aventura.
Florida the Aventura branch of the Dada County Public Libra~/ al
2930 Aventura Boulevard, Aventura. Interested ~mlies may appear at
[ne Public Hearing and be heard with respect to me ~ropasad
Ordinance.
Any person wishing to address ihe City Council on an item at this
Public Hearing s asked to register with the Acting City Clerk 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
persons who are disabled and who need scec~eJ accommodations to
participate in this ~roceeding because of that disability shodld contact
the Office of the City Manager, 46~-891C,. not later than two bus~ness
days prior to such proceedings.
If a person decides to appeal any decision made by the City Council
with respect to any matter considered at a meeting or hearing, that
person wi[I need a record of the proceedings and. for such purpose.
may neeo to ensure that a verbatim record of the proceedings ~s
made, which record includes the tesbmony and evidence upon which
the appeal is to be oaseo.
Dated this 3rd day of July, 1996.
Eric M. Soroka, City Manager
City of Aventura
(305) 466-8910
7/9 96-4-070917M