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09-11-1996 CC Workshop AgendaCity September i 1,1996 9:00 AM Executive conference Room City of Aventura City Council WOrkshoP Meeting 2. 3. 4. 5. 6. 7. 8. 9. 10. Overview of Safety Barricade and Sidewalk project Billboard Sign Policy 183r= Street Update Amendments to Planning & Zoning Board Ordinance Request of D C Fire Department to Establish Substation Solid Waste Service and Franchise Policy Founders Day Activities Role of Councilmembers & Misc. Matters Reports Other Business Next workshop meeting - October 14,1996 at 9:00 A.M. FROM : ~B~NNER WORKS OF FLORIDA PHONE NO. : +407 869 6299 Sop. 10 1996 02:03¢¢1Pl ~tlo N~me. Oily of Aventul'~L,__ ~r~c C¢or- ~a~sun,- ink,Clot- V~rious C¢ors for~o 1Wtdte Size. ~" x 80" · ...... ~ Proof OK ~s is ~ Proof OK wl~ corrections We cannot pro,ed w~th your or~r uRtil Ih~s p~oof is signed and returned. Bannorworks of Florida LO n~-~o~, ~----- . ~~~rida only .... ~ Ma~ corrections-show CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council ~_ Eric M. Soroka, City~ September 9, 1996- Billboard Policy On September 4, 1996, I met with representatives of Ackerley Advertising who own the majority of the billboards in the City. The purpose of the meeting was to discuss the various alternatives to reduce or eliminate billboard sites in the City. The following indicates the various billboard locations that Ackerley currently owns in the City: LOCATION DESCRIPTION 1 US Hwy 1 WL 10' N/O NE 180m St 2 US Hwy 1 WL 50' N/O NE 188'H St 3 US Hwy 1 WL 10' S/O Wm Lehman Cswy 4 US Hwy 1 WL 10' N/O NE 195'' St 5 US Hwy 1 WL 10' S/O NE 196'H St 6 US Hwy 1 WL 50' S/O NE 199'' St 7 US Hwy 1 WL 150' S/O NE 203~u St 8 US Hwy 1 WL 300' N/O NE 203~u St 9 US Hwy 1 EL 40' N/O NE 203~u St 10 NE 203~u St SL 100' W/O US Hwy 1 11 US Hwy 1 EL 700' S/O Gulfstream Rd 12 US Hwy 1 EL 300' S/O Gulfstream Rd Ackerley did not have a specific proposal for the City but would rather react to the City's position. Obviously, they would like to continue the billboards at the present location. They did suggest that the City should consider an annual permit fee to generate revenue for the City and the possibility of utilizing bus shelter advertising to offset any loss of locations. Memo to City Council September 9, 1996 Page 2 In order to continue our discussions on this matter, it is important for the City Council to develop a policy or position regarding billboards. It is also important to note that many of the current locations are protected by the Highway Beautification Act (HBA) and state statutes. They require the payment of just compensation when signs are removed on federal highWays as a result of stricter local laws. The federal and state law does not provide for an amortization plan for billboards along local and state roadways. (See attached). The following is a list of alternative policy positions that the City Council may adopt for this office to negotiate with Ackerley: 1. Prohibit all new billboards throughout the City and relocation of current signs; 2. Request Ackerley to remove all billboards east of Biscayne Boulevard in addition to policy #1; 3. Agree to compensate Ackerley for all billboards that the City requests to be removed. I have placed this matter on the agenda for the September 11th workshop. EMS/ne Attachment cc: City Attorney Jaye M. Epstein, Director of Community Development CC0084-96 BROWARD COUNTy C II 09/09/96 14:54 ~$ ~EI$ SEROTA HELF OUTDOOR ADVERTISING 479.111 Specified signs allowed within controlled po~lions of the interstate and federal-aid pdmmy high- way system.--Only the following signs shall be allowed within controlled portions of the interstate highway sys- tem and the federal-aid priman/highway system as set forth in s. 479.110) ann (2): (1) Directional or other official signs and notices which conform to 23 C.F.R. ss. 750.151-750.155. (2) Signs in commercial-zoned and industrial- zoned areas or commercial-unzoned and industrial- unzoned areaS and within 660 feet of the nearest edge of the rigrit-of-way, subject to the requirements set forth in the agreement between the state and the United States Department of Transportation, (3) Signs for which pen~its are not reclulred under s. 479.16. 479.12 Oatdoor adve~tising on highways.--Any person who willfully or maliciously displaces., removes. destroys or injures a mileboard, milestone, danger sign, signal, guide sign. guidepost, highway sign, or historical marker or any inscription thereon, lawfully within or adja- cent to a highway, or who in any manner paints, prints. places, puts or affixes any advertisement upon otto ar~y rock, stone, tree, fence, stump, pole, mileboarcl, mile- stone, danger sign, guide .sign, guidepost, highway sign. historical marker, buildings, barns or other object lawfully within the limits of any highway, shall be guilty of a misdemeanor of the seconcl degree, punishable aS provided in s. 77S.082 or s. 77S.083. ' . 41'9.14 Disposition of fees.--AII moneys received by the department under the prOvisions of thio chapter shall be paid by it into the State Treasury and placed in the State Transportation Trust Fund for uss in the administration of this chapter. Any projected balance not allocated to cover the cost of the administration of this chapter shall be matched on a SO-percent basis by other funds in the State Transportation Trust Fund for the purpose of removing signs as provided for in s. 479.24. ~ 479.15 Harmony of regulationa.w (1) No zoning board or commission Or other public officer or agency shall issue a permit to erect any sigh which is prohibited under the previsions of this chapter or the rules of the depar~nent, nor shall the department issue a permit fnr any sign which is prohibited by any other public board, officer, or agency in the lawful exer- cise of its powers. (2) ~ county, local zoning authority, or Other local govemmentat entity ma not remove o cause to be removed an',' I~wfu~ly erec~ion a~ono ny potion ot the ~nteretate or t_eoerel-ald pnma. ry h~gh- OO2 Ch. 4?g .way system withm~t first paying just compensation, for _SUCh re-rnp~a/. A local governmental entity may not cause in any way the alteration of any lawfully erected ~ign located along any portion of the interstate or feder- al-aid primary highway system without payment of just compensation if such alteration constitutes a taking under state law. The municipality, county, local zoning authority, or other local government entity promulgating requirements for such alteration must be responsible for payment of just compensation to the sign owner if such alteration constitutes a taking under state law~hissuJA- _~section applies on_J.IX to a I.awfull~, erected sigo .the ~ectJ]~atrerot whict~ relates to premises othe? than me premises on w~ch ~t ~s Iocate~ or':o merun~se, sst- - vices, activities, or entertainmefit not sold, produced, manufactured, or furnished on the premises on which the sign is located. This subsection shall not be inter- preted as explicit or implicit legislative recognition that alterations do or do not constitute a taking under state law. 479.155 Loc'al eutdoe~' edverlising or sign Or~li- nances.~The pro~isions of this chapter shall not be deemed to supersede the rights and powers of counties and municipalities to enact outdoor sdve~lising or sign ordinances. 479.16 Signs forwflieh pemtits ara not requirecL-- The following signs ara exempt from the requirement that a permit for a sign be odtalned under the provisions of this chapter but are required tO comply with the provi- sions of s. ,179.11 (4)-(8): (1) Signs erected on the premises of an establish-. merit, which signs consist primarily of the name of the establishment or which identify the principal or acces- sory merehandise, services, activities, or ente~aJnment sold. produced, manufactured, or furnished on the premises of the establishment and which comply with the lighting restrictions under department rule adopted pureumqt to s. 47g.11(5). If a sign located on Ihs prem- ises of an establishment consists principally of brand name or trade name advertising and the merchandise or ssrvice is only incidental to the principal activity, or if the owner of the establishment receives rental income from the sign, then the sign is not exempt under this subsec- tion. (2) Signs erected, used. or maintained on a farm by the owner or lessee of such farm and relating solely to farm produce, merchandise, service, er entertainment sold, produced, manufactured, or furnished on such farm. (3) Signs posted or displayed on real property by the owner or by the authority of the owner, stating that the real property is for sale or rent. However, if the sign con- tains any message not perta~ing to the sale or rental of that real property, then it is not exempt under this sec- tion. (4) Official notices or advertisements Dosted or dis- played on private property by or under the direction cf CITY OF AVENTURA OFFICE OFTHECITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council y~~r Eric M. Soroka, Cit September 10, 1996 Update Report- N.E. 183rd Street On Friday, September 6, 1996, I met with the CEO and CFO of Williams Island to discuss the process for the City accepting dedication of NE 183rd Street. As you are aware, the roadway is currently private and is operated and maintained by a corporation. The condominiums adjacent to the roadway pay an annual fee to the corporation on a unit basis. The roadway is currently under renovations by the corporation to address some of the deficiencies that exist. Our City Engineers are conducting an assessment of the roadway, including lighting, irrigation, drainage and safety issues that should be complete by the end of October. The representatives of Williams Island have requested the City fund the following improvements once the roadway comes under the jurisdiction of the City: 1. Street lighting; 2. Maintain Williams Island entrance sign; 3. Paved brick as part of entry feature; 4. Upgrade landscaping and irrigation; 5. Signage; and 6. Traffic signalization. We advised that the recently installed speed bumps need to be removed if the City accepts dedication. Once I receive the City Engineers' report, I will bring this matter before the City Council for fudher action. We are also looking into the feasibility of dedicating the unbuilt portion of N.E. 35th Avenue in the Fingers Project to the City. It is currently marked to be a private road. EMS/ne CC0086-96 CITY OF AVENTURA OFFICE OF THE CITY COUNCIL MEMORANDUM TO: FROM: DATE: SUBJECT: Eric M. Soroka, City Manager ~ Jay R. Beskin, Councilmembei~ September 10, 1996 Proposed Ordinance Establishing the Planning and Zoning Board Please include the following language for discussion on the agenda for tomorrow's workshop meeting relative to the Planning and Zoning Board Ordinance. Section . No person may be a member of the Planning and Zoning Board if he or she has a recurring conflict of interest. For purposes of this section, a person has a recurring conflict of interest if he or she is an officer or director of a not-for-profit corporation or association of which five or more of its members are for profit or not-for- profit corporations or associations, subject to jurisdiction of the Board. JRB~ms CITY OF AVENTURA OFFICEOFTHECITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: Jeffrey Perlow, Council~ Eric M. Soroka, City,~.~ September 9, 1996 mber Planning & Zoning Board Ordinance Jeff, Attached is the Planning & Zoning Board Ordinance with the revisions we discussed. If this is acceptable with you, I will prepare it for Wednesday's workshop meeting. Please advise. EMS/ne Attachment CC0082-96 ORDINANCE NO. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE CREATION OF THE CITY OF AVENTURA PLANNING AND ZONING BOARD; PROVIDING FOR CREATION, COMPOSITION AND QUALIFICATIONS; TERM OF OFFICE; ADVISORY CAPACITY; DUTIES AND RESPONSIBILITIES; RULES OF PROCEDURE; JURISDICTION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE; WHEREAS, the City Council desires to create an advisory body, to be known as the City of Aventura Planning and Zoning Board, to provide advice and recommendations to the City Council on matters concerning planning, zoning and development. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Creation, Composition and Qualifications. A. There is hereby created and established the City of Aventura Planning and Zoning Board, (the "Board") consisting of seven (7) members who shall be appointed by the Mayor, subject to the approval of the City Council. Each member of the City Council may recommend appointments to the Mayor. Members of the Board shall hold office at the pleasure of the City Council. Members of the Board shall serve without compensation and shall not be reimbursed for travel, mileage, or per diem expenses. B. Each member of the Board shall be a qualified elector of the City of Aventura who has continuously resided within the City for the six (6) month period immediately prior to appointment, and shall not be an employee of the City. Any member who ceases to reside within the City Limits during his or her term of office shall be deemed to have resigned as of the date of his or her change of residence from the City. In the event of the resignation or removal of any member of the Board, the Mayor shall appoint a person to fill the vacancy on such Board for the unexpired portion of the term of the member vacating such office, subject to approval of the City Council. C. In the event that a member of the Board shall be absent from a duly-called meeting of the Board for three (3) consecutive meetings or in the event that a member has three (3) unexcused absences in a calendar year, then in that event such member shall be subject to removal as a member of the Board by vote of two-thirds (2/3) of the remaining members of the Board. D. The City Manager shall provide necessary staff support for the Board. The City Attorney shall serve as legal advisor to the Board. Section 2. Term of Office. The initial term of office for members of the Board shall be from the date of adoption of the Ordinance creating the Board until November 3, 1997. Thereafter, terms of office for members of the Board shall be for a period of one (1) year, with eligibility for reappointment. Section 3. Advisory Capacity. Except as may otherwise be provided subsequently by Ordinance, the powers and duties of the Board shall be solely of an advisory nature. Section 4. A. Rules of Procedure. The Board shall adopt rules of procedure in accordance with Ordinance No. 96-09, as amended, pertaining to the conduct of quasi-judicial proceedings and other rules of procedure which are not inconsistent with the Ordinances of the City and the laws of the State of Florida. The Board shall utilize Robert's Rules of Order recently revised 1990 Edition for the rules of procedure for the conduct of meetings of the Board. The Board may create additional rules for the conduct of its internal proceedings. B. During the first meeting of the Board, the members shall elect one of their 2 number to act as Chairman and may elect a Vice-Chairman. C. Four (4) members shall constitute a quorum for the transaction of business of the Board. Official action shall be taken by the Board only upon the concurring vote of a majority of the members present at an official meeting of the Board. Section 5. Jurisdiction. The jurisdiction of the Board shall be solely advisory. Action of the Board shall be in the form of a written recommendation of advice to the City Council and City Manager. A. The following matters shall be within the advisory jurisdiction of the Board: ~..1. Creation of City Land Development Code provisions, Zoning Code provisions, and amendments to existing City Zoning Code provisions; and 3-2. Potential Zoning Code enactments assigned to the Board by the City Council for study to assist the City Manager and City Attorney in preparation of proposed Ordinances for consideration by the City Council. ~3. Other matters of zoning and planning assigned to the Board by the City Council. B. The jurisdiction of the Board conferred pursuant to paragraph 1 and 2 of Section 5.A. above shall not be effective until the City Manager certifies that sufficient City of Aventura staff has been retained to provide support services for the Board's exercise of such jurisdiction; however, the Board's authority to make recommendations to the City Council pursuant to the jurisdiction conferred by paragraphs 3 and 4 of Section 5.A. above, as to those matters specifically referred to the Board by the City Council for study, shall commence effective immediately upon adoption of this Ordinance. Section 6. All members of the Board shall be subject to the Standards of Conduct for Public Officers and Employees set by Federal, State, County or other applicable law pursuant to City Charter Section 7.03. Section 7. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 8. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Councilmember Beskin, who moved its adoption on first reading. The motion was seconded by Councilmember Perlow, 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 no 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 Vice Mayor Patricia Rogers-Libert Mayor Arthur I. Snyder PASSED AND ADOPTED on first reading this 2nd day of July, 1996. PASSED AND ADOPTED on second reading this __ day of September, 1996. ARTHURI. SNYDER, MAYOR A"I-FEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY ATTORNEY CITY OF AVENTURA OFFICE OFTHECITYMANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: September 10, 1996 %~ Fire Rescue Department's Request to Establish Substation Representatives of the IAFF have contacted the City regarding the establishment of a substation in the Pointe East area of the City. The substation would focus on expanding Fire Rescue services to the southern portion of the City. I have placed this item on the workshop agenda to obtain direction from the City Council. EMS/ne CC0085-96 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: City Council Eric M Soroka, Ci ,~r September 11, 1996 Solid Waste service and Franchise Policy The City Attorney's Office and I are in the process of preparing an Ordinance providing for the issuance of solid waste collection franchises. The Ordinance, as proposes, would award franchises on an annual basis to existing companies serving the City and require them to pay a franchise fee to the City. All current companies who serve the City as of November 7, 1995 would automatically be granted a franchise provided they meet the requirements of the Ordinance. As part of the process, we are collecting data from the various condominiums regarding the service provider, length of contract and cost of services. Attached is the preliminary results of the survey. The survey results provided the following in formation: 1. BFI provides service to the majority of the condominiums included in the survey. 2. The length of the contract varies from month to month to the year 2000. 3. The cost per unit varies from $5.23 to $6.90. The City has several alternatives to consider when establishing a policy regarding franchises and solid waste services. The following outlines the various alternatives. Due to the potential cost savings available to City residents, the City Council should consider contracting out services for the area west of Biscayne Boulevard currently served by the County. Alternatives Award franchises to current companies and collect 10% franchise fees. Condominiums would be able to continue current contracts and choose among existing companies. The City would not be involved in cost issues or negotiations 2. Award annual franchises to current companies and collect 10% franchise fees. Bid out service to one company based on cost and service and require all condominiums to utilize the company awarded the bid once the current contracts expire. This could lower costs and provide uniform service. In the long run, the City would become the provider of services through privatization to all areas of the community. I have placed this matter on the Council Workshop agenda for discussion and direction. EMS/ne Questionnaire Responses Solid Waste Collection Condominium Whet solid waste company What is the length of your What does your association pay Prssident currently services your contract with that company? for refuse service per unit? condo? Frank Galovic, Bisc~/ne Cove Broward-Dade Sanitation, Inc. September, 2000 $2730.00 Per month BFI June 13, 1998 $36.00 per 2 yellow container $13.73 per recycle tote $175.00 monthly service charge BFI 5 years $862.54 per month BFI 3 ½ years $5.42 per month BFI September 30, 1998 $1,225.00 Per month 3 year experience $90.00 recycling Per month BFI Janumy 1, 1999 $4,261.00 per month - 760 units Recycling included Susan Manweiler, Tumberry Towers BFI Year-to-Year $8.00 per unit (292 units) Harold Shapdo, Mystic Pointe 400 BFI September 30, 1998 $190.00 per month recycling $38.70 per container-varies BFI 3 years $36.00 per container Waste Management July 1997 $954.00 domestic/recycling BFI 3 years $1,525.00 monthly $135.00 recycling monthly Commodore Plaza IWS/BFI 1/1194 - 1/1/99 $8.23 per unit monthly BFI 3/30/94 - 3/30/99 $5.71 per unit (516 units) BFI 111194- 1/1/99 $5,666.00 Courtyards at the Pointe Broward-Dade Sanitation I year $15.00 per unit Services 3xweekly trash/lxweekly recycle Tumberry Isle South BFI Renewed Annually $2,034.00 per month Pointe East, Madon Smith Coastal Carting Corporation month-to-month basis $8.90x1266 units=S8,745.00 mo Terraces at Tumberry Broward-Dade Sanitation 5 years base price $1,225.00 BFI 3 yr ending 1/99 4 x week + recycling feeS1,310.50 .6 x week + recycling fea$1,482.50 Admirals Port, Bill Illig BFI 11/8/98 $6.80 (634 units) Williams island Waste Management 3 year contract $5 waste removal per unit per mo .65 recyclable = $5.65 per unit Mystic Pointe Tower 500 BFI May 1, 1999 $2,112.00 Per month BFI 1 year, automatic renewal $8,000.00 per month Mystic Pointe 600 BFI 1 year $393.00 per month CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT 1996 FOUNDERS DAY PROGRAM DRAFT WEDNESDAY~ NOVEMBER 5: City Hall Dedication (Free) Open House 5 - 8 PM: Wine and Cheese, hors d'ouvres Ceremony 8 PM THURSDAY~ NOVEMBER 6: Founders Reception at Turnberry Country Club (Invitation only) Reception 5:30 -7:30 PM Cash Bar and various serving stations and hors d'ouvres. 7:30 PM Dinner and Program. FRIDAY~ NOVEMBER 7: Twilight Buffet Family Dinner 5:30- 7:30 PM (Hidden Bay park grounds next to City Park, nominal charge). Tents, seating, recorded music and light entertainment;, clowns, jugglers, face painting, mimes provided at no charge. Free Jazz Concert Under the Stars in the Park 7:30-9:00 (Dana Paul and the Nantucket Sound Pop Jazz Band). SATURDAY~ NOVEMBER 8: First Annual Aventura Founders Day Tennis Tournament for all ages and skill levels, singles, doubles, mixed doubles starts 8 AM. First Annual Aventura Founders Day Golf Tournament 8 AM Shotgun Start 4 man best ball scramble. Awards luncheon and closing ceremonies approximately 2 PM.