10-02-1996 CC Meeting AgendaCITY OF AVENTURA
COUNCIL AGENDA
OCTOBER 2, 1996 - 6 P.M.
CITY COUNCIL
Arthur I. Snyder, Mayor
Patricia Rogers-Libert, Vice Mayor
Arthur Berger, Councilmember
Jay R. Beskin, Councilmember
Ken Cohen, Councilmember
Harry Holzberg, Councilmember
Jeffrey M. Perlow, Councilmember
Eric M. Soroka, City Manager
Teresa M. Smith, City Clerk
Weiss Serota & Helfman, City Attorney
CITY OF AVENTURA
City Council
Arthur I. Snyder, Mayor
Patricia Rogers-Libert, Vice Mayor
Arthur Berger
Jay R. Beskin
Ken Cohen
Harry Holzberg
Jeffrey M. Perlow
COUNCIL MEETING
OCTOBER 2, 1996 - 6 P.M.
AGENDA
COLUMBIA AVENTURA MEDICAL ARTS BUILDING
21110 BISCAYNE BOULEVARD SUITE 101
AVENTURA, FLORIDA
1. CALL TO ORDER/ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. 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
OCTOBER 2, 1996
B. HEARING NUMBER: 96-281
APPLICANT:
CHABAD HOUSE OF NORTH DADE, INC.
LOCATION:
21001 BISCAYNE BOULEVARD
REQUEST:
(1) REQUEST FOR A SPECIAL EXCEPTION
TO PERMIT THE EXPANSION OF A
RELIGIOUS FACILITY; (2) REQUEST TO
MODIFY THE PREVIOUSLY APPROVED
PLANS FOR THE SUBJECT SITE AND
ACCOMPANYING NON-USE VARIANCE
REQUEST.
APPROVAL OF MINUTES:
MOTION TO APPROVE MINUTES OF:
COUNCIL MEETING AUGUST 20, 1996
WORKSHOP MTG. SEPTEMBER 11, 1996
COUNCIL MEETING SEPTEMBER 17, 1996
COUNCIL MEETING SEPTEMBER 19, 1996
AGENDA:
REQUEST FOR DELETIONS/EMERGENCY
ADDITIONS
SPECIAL PRESENTATIONS: NONE
CONSENT AGENDA
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING ORDINANCE NO. 96-10, WHICH
DID CREATE THE CITY OF AVENTURA
BEAUTIFICATION, RECREATION AND CULTURAL ARTS
ADVISORY BOARD, TO DELETE THE BEAUTIFICATION
RESPONSIBILITIES OF THE BOARD; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, PROVIDING FOR THE CREATION OF THE
CITY OF AVENTURA BEAUTIFICATION ADVISORY
BOARD; PROVIDING FOR CREATION; COMPOSITION
AND QUALIFICATIONS; TERM OF OFFICE; ADVISORY
CAPACITY; RULES OF PROCEDURE; JURISDICTION;
2
Do
OCTOBER 2, 1996
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
PROVIDING A FEE SCHEDULE FOR ENGINEERING AND
PUBLIC WORKS INSPECTION PERMIT AND REVIEW;
REPLACING METROPOLITAN DADE COUNTY FEE
SCHEDULE; PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, PROVIDING FOR AND ADOPTING
BUILDING INSPECTION FEE SCHEDULE; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, PROVIDING FOR AND ADOPTING
ENGINEERING AND PUBLIC WORKS INSPECTION PERMIT
AND REVIEW FEE SCHEDULE; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, SUPPORTING THE SAFE
NEIGHBORHOOD PARKS BOND REFERENDUM OF
1996; AND PROVIDING FOR AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, APPOINTING THE FIRM OF
KEEFE, MCCULLOUGH & CO. TO PERFORM AUDITING
SERVICES; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED ENGAGEMENT LETTER;
AND PROVIDING AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA SELECTING THE FIRM OF
RAUSCHER PIERCE REFSNES, INC., TO PERFORM
FINANCIAL ADVISORY SERVICES; AUTHORIZING THE
CITY MANAGER TO EXECUTE THE ATTACHED
3
OCTOBER 2, 1996
AGREEMENT FOR FINANCIAL ADVISORY SERVICES;
AGREEING TO THE SCOPE OF SERVICES AND FEES
CONTAINED IN SAID AGREEMENT; AND PROVIDING FOR
AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ADOPTING NEWSRACK REGULATIONS; PROVIDING
FOR THE PURPOSE AND SCOPE OF THE NEWSRACK
ORDINANCE; PROVIDING FOR DEFINITIONS;
PROHIBITING NEWSRACKS IN CERTAIN LOCATIONS
AND UNDER CERTAIN CONDITIONS; REQUIRING A
PERMIT TO MAINTAIN OR OPERATE A NEWSRACK;
PROVIDING FOR AN APPLICATION FOR A NEWSRACK
PERMIT AND PROVIDING CONDITIONS FOR ISSUANCE
OF A NEWSRACK PERMIT; PROVIDING FOR A HOLD
HARMLESS AGREEMENT WITH THE CITY OF
AVENTURA; REQUIRING NEWSRACK IDENTIFICATION;
REGULATING THE LOCATION, PLACEMENT AND
NUMBER OF NEWSRACKS; PROVIDING FOR
MAINTENANCE AND INSTALLATION OF NEWSRACKS;
PROVIDING FOR THE DETERMINATION OF VIOLATIONS;
PROVIDING FOR APPEALS; DETERMINING NEWSRACK
ABANDONMENT; PROVIDING FOR SEVERABILITY;
PROVIDING THAT ALL ORDINANCES OR PARTS OF
ORDINANCES AND ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED
TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR
AN EFFECTIVE DATE.
8. PUBLIC HEARINGS: ORDINANCES - SECOND READING
Ao
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
GRANTING TO PEOPLES GAS SYSTEM, INC. A NON-
EXCLUSIVE FRANCHISE IN THE CITY OF AVENTURA;
AUTHORIZING PEOPLES GAS SYSTEM, INC. TO USE
THE PUBLIC RIGHTS-OF-WAY AND STREETS OF THE
CITY, FOR THE PURPOSE OF CONSTRUCTING,
MAINTAINING, OPERATING AND EXTENDING GAS LINES
IN THE STREETS AND PUBLIC PLACES OF SAID CITY
THEREON AND THEREUNDER; PROVIDING FOR A
FRANCHISE FEE; PROVIDING THE TERMS AND
CONDITIONS OF SUCH GRANT; PROVIDING FOR
4
OCTOBER 2, 1996
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, ESTABLISHING A SCHEDULE OF CHARGES
FOR PROVIDING COPIES AND/OR PHOTOCOPIES OF
CITY DOCUMENTS AND RELATED SERVICES;
PROVIDING A SCHEDULE OF FEES; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE
DATE.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
PROVIDING FOR THE ISSUANCE OF SOLID WASTE
COLLECTION FRANCHISES; REQUIRING FRANCHISE
FOR SOLID WASTE COLLECTIONS; IMPOSING
FRANCHISE FEE FOR SOLID WASTE COLLECTION
ACTIVITIES; AWARDING FRANCHISES TO CERTAIN
PERMITTED PRIVATE HAULERS; PROVIDING FOR
SEVERABILITY, PENALTY AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
PROVIDING A FEE SCHEDULE FOR BUILDING PERMIT
FEES; PROVIDING A FEE SCHEDULE FOR ZONING AND
PLANNING APPLICATIONS; PROVIDING FOR SAVINGS
CLAUSE, SEVERABILITY, INCLUSION IN THE CODE AND
AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
GRANTING TO BELLSOUTH TELECOMMUNICATIONS,
INC. A NON-EXCLUSIVE FRANCHISE IN THE CITY OF
AVENTURA; AUTHORIZING BELLSOUTH
TELECOMMUNICATIONS, INC. TO USE THE PUBLIC
RIGHTS-OF-WAY AND STREETS OF THE CITY, FOR THE
PURPOSE OF ERECTING, CONSTRUCTING,
MAINTAINING AND OPERATING LINES OF TELEPHONE
EQUIPMENT THEREON AND THEREUNDER; PROVIDING
FOR A FRANCHISE FEE; PROVIDING THE TERMS AND
CONDITIONS OF SUCH GRANT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
5
OCTOBER 2, 1996
9. RESOLUTIONS:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION NO. 15414.06 TRAFFIC BARRIER FOR
PROFESSIONAL ENGINEERING SERVICES BY AND
BETWEEN THE CITY OF AVENTURA AND KEITH AND
SCHNARS, P.A.; AND PROVIDING AN EFFECTIVE DATE.
10.
REPORTS:
· MAYORAND COUNCIL
· CITY MANAGER
· CITY ATTORNEY
11. OTHER BUSINESS:
A. DISCUSSION RE: TRAIN HORNS (Councilmember Berger)
B. DISCUSSION AND POSSIBLE ACTION PROVIDING A PLAN
TO PHASE OUT BILLBOARDS (Councilmember Berger)
'12. PUBLIC COMMENTS
13. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS:
MONDAY, OCTOBER 14, 1996
9 AM COUNCIL WORKSHOP MEETING*
TUESDAY, OCTOBER 15, 1996
7 P.M COUNCIL MEETING
*Govemment Center, 2999 NE 191st Street, Suite 500
In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need
special accommodations to participate in this meeting because of that disability should contact the Office of the City
Clerk, 466-8901, not later than two days prior to such proceeding.
Anyone wishing to appeal any decision made by the Aventura City Council with respect to any matter
considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to
ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based.
Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 2999 NE
191st Street, Suite 500, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should
contact the City Clerk at 466-8901.
6
Joseph G. Goldst¢in
(305) 579-0609
September 24, 1996
Via Telecop¥ (Mailed Original)
Mr. Eric Soroka, City Manager
City o f Aventura
2999 N.E. 191 Street Suite 500
Aventura, Florida 33180
Re:
Tumberry Country Club (P.H. 95-660) -- Request for Deferral of Public Hearing
from October 2 to October 15, 1996
Dear Eric:
As you are aware, the applicant in the above referenced matter and representatives of the
Coronado Condominium Association ("Coronado"), as its principal objector, have met to discuss
a possible resolution of this matter, which is currently scheduled to be heard at the October 2,
1996 City Commission meeting. In light of progress that has been made during those
discussions and in order to allow some additional time to complete the dialogue, we intend to and
hereby jointly request a deferral of this matter until the October 15, 1996 City Commission
hearing.
Thank you for your consideration in this matter. If you have any questions, please do not
hesitate to call.
Si ely
ncer '
Jos~h Gl Oo~stein, Attome~ for Applic~t
Jef~~~ XtSo%ey for Co'ado
ECEIVED
SIP 2 7 1996
OFFICE o/- rile
CITY MANAG£R
2. TURNBERRY COUNTRY CLUB
(Applican0
96-7-ACC-1
Property Owner 6fdiffer~nt from applicant) S~ame.
Is there an option to purchase [] / lease [] the property predicated on the approval of the zoning request? Yes
F1 No I~
Disclosure of interest form attached? Yes [] No []
.Year Applicant
1968 Phelan
1969 Donarl
1970 Donarl'
1970 Donarl
1971 Donarl
1972 Donarl
1973 Donarl
1974 Donarl
1977 Aventura'
1987 Turnberry Country Club
1989 Turnberry Country Club
.P. revious Zoning Hearings on the Property:
Request
Appeal of an Admm. Dec.
Various Z/C
RU-4A to BU-2
S.E. for residential use in BU zone.
Modify previous resolution.
Modify prewous resolution,
Modify prewous resolution.
Modify prewous resolution.
Modify previous resolution.
Modify prexaous resolution.
Modify prewous resolution.
Board Decision
ZAB Approved
CC Approved
CC Approved
ZAB Approved
ZAB Approved
ZAB Approved
ZAB Approved
ZAB Approved
ZAB Approved
ZAB Approved
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
APPLICANT
19999 West Country Club Dr.
Dade County. Florida
ADDRESS
July 16, 1996
95-660
DATE
CURRENT ENFORCEMENT;
NO CURRENT ENFORCEMENT ACTION.
HEARING NO.
THE FOLLOWING HEARING WAS DEFERRED FROM 8/20/96 TO THIS DATE:
HEARING NO. 96-7-ACC-1 (95-660)
APPLICANT: TURNBERRY COUNTRY CLUB
34-51-42
(1)
MODIFICATION of plans approved pursuant to Resolution 4-ZAB-253-77, passed and adopted by
the Zoning Appeals Board on the 1 lth day of July, 1977 and last modified by Resolution Z-5-89,
passed and adopted by the Board of County Commissioners on the 13th day of February, 1989, said
plan identified as follows:
FROM: "'Renovations to Turnberry 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., Inc., dated received 12-13-88, consistxng of 2 sheets."
TO: '"Tumberry Isle Resort & Country Club - Site Development Plan," dated received May 24,
1996, consisting of 2 sheets and a plan entitled q'urnberry Isle Resort & Country Club,'
dated received Dec. 7, 1995, consisting of 6 sheets; all prepared by Brosch-Sandoval &
ASSOC., [nc."
The purpose of this request is to permit the submittal of new plans showing revisions to the existing
country club with an increase of 128 umts rathe proposed hotel.
(2) NON-USE VARIANCE OF PARKING REQUIREMENTS to permit 800 parldng spaces (1,085
parking spaces reequired).
(3)
(4)
UNUSUAL USE to permit outdoor dining.
MODIFICATION of a portion of Condition #2 of Resolution Z-50-69, passed and adopted by the
Board of County Comrmssioners on the 20th day of February, 1969 and last modified by Resolution
Z-5-89, passed and adopted by the Board of County Comm~sioners on the 13th day of February,
1989 only as it applies to the subject property:
FROM: ZONING REGULATIONS FOR COMMERCIAL PARCEL "S"
Permitted Uses: Principal: Clubs and Hotel
Accessory: BU-2
Minimum Lot Area:
Minimum Lot Frontage:
100,000 sq. ff.
200 ft.
Minimum Setbacks:
Front: 25 ff.
Side: 20 fi.
Rear: 0 f.
Interior: 0 ff.
Adjoining RU use: None
CONTINUED ON PAGE TWO
HEARING NO. 96-7-ACC-1 (95-660)
APPLICANT: TURNBERRY COUNTRY CLUB
Minimum Distance
between buildings:
Maximum Height of Buildings:
TO:
34-51-42
PAGE TWO
Off.
7 Stories or 92.33 fL
(Sec. 33-57 and 33-58 do not apply)
Maximum Floor Area Ratio: 5 to 1
Parking Requirements: Sec. 33-124 shall apply.
ZONING REGULATIONS FOR COMMERCIAL PARCEL "S"
penmtted Uses:
Minimum Lot Area:
Minimum Lot Frontage:
Minimum Setbacks:
Front:
Side:
Rear:
Interior:
Adjoining RU use:
Minimum Distance
between buildings:
Maximum Height of Buildings:
M&Xtmum Floor Area Ratio:
Parking Requirements:
Principal: Clubs and Hotel
Accessory: BU-2
100,000 sq. fi.
200 ff.
25 ft.
10ft.
Oft.
Off.
None
Off.
1~1 Stories or 135'
(Sec. 33-57 and 33-58 do not apply)
5tol
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 #1-4 ON EXHIBIT "A".
CONTINUED ON PAGE THREE
HEARING NO. 96-7-ACC-1 (95-660)
APPLICANT: TURNBERRY COUNTRY CLUB
(5)
34-51-42
PAGE THREE
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' long.
REQUEST #5 ON EXHIBIT "B".
The aforementioned plans are on file and may be examined in the Zomng Department.
modified at public hearmg.
~Plans may be
SUBJECT PROPERTY: EXHIBIT "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 Say & E/ly boundary of said Tract "E"
for the next two courses; thence N87°lg'28"E for 266'; thence N2°40'32"W for 645.01'; thence
S87°19'28%V 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 ofbe~nning.
LOCATION: 19999 W. Country Club Drive, Aventura, Florida.
SIZE OF PROPERTY: 19 Acres
PRESENT ZONING: BU-2 (Business - Special)
AGENDA ITEM 2
HEAR/NG NO.: 96-7-ACC-1
HEARING DATE: 10/2/96
PH #: Z95000660
O
CITY OF AVENTURA
ZONING SUMMARY
EXISTING ZONING AND LAND USE:
Sub ect property: BU-2; Turnberry Resort and Country Club
Surrou~:
North:
East:
South:
West:
GU; golf course
GU; golf course
GU; golf course
BU-2; parking lot
Size of property: 15 Acres.
SUMMARY:
This application was deferred from the July 16, 1996 meeting of the Aventura City
Council at the request of the applicant in order to meet with neighbors and was deferred
again from the August 20, 1996 meeting in order afford the applicant an opportunity to
meet with neighbors and submit revised plans. The applicant has met with neighbors,
however, as of this writing revised plans have not been submitted for staff review.
The subject property is zoned BU-2; Special Business District and is located at 19999
West Country Club Drive. The applicant is seeking modification of a portion of a
condition and modification of plans previously approved at public hearing in order to
expand the existing country club by replacing 70 previously proposed two-story villas with
a 128 unit 11 story hotel. The proposed hotel has a side setback of 10' where 20' is
required and a height of 11 stories or 135' where 7 stories or 92.33' is permitted by the
Criteria Book. Also requested are companion non-use variances of parking to permit 285
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 dinlng. The total number of units
approved by previous resolutions is 342, and the proposed modifications will result in a
total of 400 units (272 existing and 128 proposed), for a net increase of 58 units over the
number previously approved.
ZONING EVALUATION
AGENDA ITEM 2
HEARING NO.: 96-7-ACC-1
HEARING DATE: 10/2/96
PAGE TWO
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 a 128 unit 11 story hotel located on the northeasterly portion of the
site. Said expansion results in an increase of 128 units, 58 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 as the style of the hotel is compatible with the
two existing hotels on the site. In addition, the 11 story, 135' 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 Turnberry golf course which will not be impacted by the reduced
setback. Although the Public Works Department objects to the application as it pertains
to the parking variances to permit 285 fewer than permitted parking spaces and some
smaller 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, staffhas 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 lira0, 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 has 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.
ZONING EVALUATION
AGENDA ITEM 2
HEARING NO.: 96-7-ACC- 1
HEARING DATE: 10/2/96
PAGE THREE
0
0
Staff feels that request #3 for an unusual use to permit outdoor dining is acceptable,
subject to certain conditions, 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. 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 feets that the
approval of this application, subject to the additional conditions enumerated herein, will
not have an unfavorable effect on the surrounding community.
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.
That the use of outdoor loudspeakers shall be prohibited on the outdoor patio dining area.
ZONING EVALUATION
AGENDA ITEM 2
HEARING NO.: 96-7-ACC-1
HEARING DATE: 10/2/96
PAGE FOUR
DATE INSPECTED: 5/10/96
DATE TYPED: 8/9/96
DATE REVISED: 9/26/96
DATE FINALIZED: 9/26/96
RGV:DO'QW:AJT:NEH
Reina~o 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
~-rROPOLITAN DADE COUNTY DEPARTMENT OF PLA/q/9-~NG, DEV~7~OPMENT AND REduCTION
RECOMMENDATION TO-r~ AVEN'~'u~A CITY COUNCIL
;%PPLICANT Turnberry Country Club
SECTION 34-51-42
CfA~4ISSION DIS]TRIC-f 4
DA~: July 16, 1996
~ H~ING I~EM NO.96-7-ACC-1
GENERAL INFORMATION
.REQUEST
Modification of a p~eviously 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.
PIIRPOSE
LOCATION 19999 West Country Club Drive
EXISTING ZONING AND I~%ND USE
SUBJECT PROPERT"f BU-2, ~h~i-nberry Country Club
SL~LROI3ITDING PROP~R~
NOR~Sq
SOUTH
EAST
WEST
BU-2, /~urn]D~ri-y Country Club
BU-2, Turnberry Cou~ltry Club
BU-2, Turnberry Co%u~try Club
BU-2, Turnberry Country Club.
SIZE 19 acres
COMPP~EH~SNSIVE DEVEI~Dpb~NT MAS]-~R PI~LN ~d/or SPECID~L Sq~JDIES
The Adopted 2000 and 2010 Land Use Plan designates the subject property
for parks and recreation.
APPROVAL WITH ONE CONDITION
TurrLberry Country Club
SECTION 34-51-42
F2%B ~{~JkRING I/~EM NO. 96-7-ACC-1
CO~4ISS ION DISTRICT 4
-2-
PH: 95-66C.
July 16, 1996
CONDITIONS
That the applicants submit to the Planning Division for its review and
approval ~ 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.
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 cluE,
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 U~e 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 mn
height and will be located on the west side of the property, adjacent tc
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 proposer
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 g01f course and terxnis 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 requ/ested unusual use to permit outdoor dining should
likewise be approved. This ubiqn/itous request is commonly re_quested 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 ~rPED:6/14/96
DATE P~VISED:7/8/96
MEMORANDUM
Re~naldo Villar DATE:
Assistant Director
Department of Planning, SUBJECT:
Development and Regulation
FROM: Alyce M. Robertson V C/~-//~-~-~~
Assistant Director k,~ /
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 environmental impact that may derive from it
and based upon the available information offers no objection to its
approval.
POT;LBLE 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
separator~ 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 a~d. Federal flood
criteria requirements. ' The pr. oposed development order, if approved,
will not result in a reduction in the Level of Service standards for. ~k~
flood protection set forth in the.Comprehensive Development Master
Plan subject to com~ ance with the conditions tuired by DE~-~
this proposed development order.
TREE PRESERVATION
Section 24-60 of the Code requires the preservation of %tee
resources. A Dade County tree removal permit is required pricr 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, ~he
development of this property will require conditional approval from
the Hazardous Waste SectiQn, Solid Waste Disposal Program of DEkE at
the time of building permit. Said conditional approval permit ~i!t
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
proposed work on, over or upon tidal waters including but not
to seawalls, mangrove trimming or removals, etc.
for any
li~A~ed
Furthermore, the following comments are also offered as they con[ain
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, replacem~_nt
and continuing operation requirements and criteria. In addition,
monitoring devices, inventory control practices and pressure tes~±ng
of fuel storage tanks is required. The Storage Tank Sec[ion of PERM
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 ~nd
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 PERM. ITS
Section 2'4-35.1 of the Code
permits for facilities that
authorizes DERM to require operating
could be a source of pollution. Uhe
applicant should be advised that the requested use of the subject
property may require an operating permit from.DERM. It is ther~fcre
suggested that the applicant contact DERM concerning operating per-_if
requirements. ,
CONCURRENCY REVIEW SUPSVzARY
The Department has Tonducted a concurren~ review for chis
application and has u=termined that the same n,~ets 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 · suramary, the application meets the minimum requirements, of .Chau5er
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 ~ORKS DEPAR~ COHME~S
?~ 95-660
Rev.
Aventura
City Council
Applicant's Name: Turnberry Couutry Club
This Department objects to the parking variance to reduce the ~,,m~er of parking stalls
to 800, 1085 required.
Denial of parking variance to permit parking spaces to be 7.5' wide and 15' long.
Standard parking stalls are 8 1/2 feet by 18 feet.
Ramp slopes to parking garage maF not exdeed 15%.
This application does meet the traffic concurrency criteria for an Initial Development
Order. It will generate 97 PM daily peakhour 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 Bisca~e Blvd. has a maximum capacity of LO~ °E' of 3110 vehicles
during the P.M. Peak Hour. It has a CUrrent Peak Hour Period (pH!o) of 1649 vehicles
and 1315 vehicles have been assigned to this section of road fro~ previously approved
Development Orders. NE 192nd St. with its 2964 PHP and assigned vehicles is at LOS
"B". The 85 vehicles generated by this development when combined with the 2964 e_c~uais
3049 and LOS #B# where the range of "H~ is 2211 t~ 3060 vehicles.
Colllns Ave. n/eL ehman Csw~. has a maximumcapacity of LOB 'E" of 3%90 vehicles during
the P.M. Peak Hour. It has a current Peak Hour Period (PHP} of 2638 vehicles and %?4
vehicles have been assigned to this section of road frc~ previously approved
Development Orders. Collins Ave. with its 2812 p~p and assigned vehicles is at LOS
"E".. The 2 vehicles generated by this development when combined with the 2812 e_~uals
2814 and LOB #E" where the range of LOS -E# is 1631 t~ 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 Curren~ Peak Hour Period (PHP) of 3433 vehicles and
vehicles have been ' ' section of road from previously a~ ro~ed
Development Orders. ~/~dAvte°- ~ its 3608 PHP and a .... ~P
"B". The 10 vehicles . ~=~gneu vehicles is at LOS
generated by this development when combined with the 3608
3618 and LOS "B" where the range of LOS "B" is 1101 to 6340 vehicles.
This 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 develot~nen:
~ill be permitted.
There are 5 locations in Commissioner District #4 that are operating at 90% of capaci:y
or greater. Three locations as following: Biscayne Blvd. s/oNE 192 st., NE 186 St.,
e/o West Dixie Hwy., and NE 192 St. e/o Biscayne Blvd. are operating at 91.2%, 117.1%,
and 100.5% respectively.
ssell C. Kelly ~--
If the property which is tke 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 c~f another~
corporation(s), trustee(s), partnership(s) or other similar
entities, further disclosure shall be required which discloses
the identity of the individual(s) (natlLral persons) having the
ultimate ownership interest in the aforementioned entity].
CORPORATION NAME
NA-ME, ADDRESS, AND OFFICE
Percentaue of Stock
If the property which is the subject of the application is Owned
or leased by a TRUSTEE, list the beneficiaries of the trus~ and
.the percentage of interest held by each. [Note: where the
beneficiary/beneficiaries' consist of corporation(s), ano'ther
trus~(s), partnership(s) or other similar entities, fu-~her
disclosure shall be required which discloses the identity of the
individual(s) (natural persons) having -= ultimate ownership
interest in the aforementioned entity].
TRUST NAME
Percentage of
Interes~
Page 2
If the property which is the subject of the application is owned er leas~
by a PARTNERSHIP or LIMITED pARTNERSHIP, list the principals of
partnership, including general and limited partners. [Note: where
partner(s) consist of another partnership(s}, corporation(s) trust(s)
other similar entities, further disclosure shall be re _cuired whic
discloses the identity of the individual(s) (natural persons) having
ultimate ownership interest in the aforementioned entity] .-
Turnberry Country Club, a Gen~ra] Partnership
PARTNERSHIp OR L~ITED PARTNERSHIP NAME
Percentace of Owner~hiE
(see attached)
(see attached)
If there is a CONTRACT FOR P~RCHASE, whether contingent on this applicatic
or not, and whether a Corporation, Trustee, or Pa-~nership, list th
names of the contract purchasers below, including the principal officers
stockholders, beneficiaries, or partners. [Note: where the princiua
officers, s~ockholders, beneficiaries, or partners consist of anoth~
corporation, trust, pal-~nership, or other similar entities, ~ur~h~
disclosure shall be required which discloses the identity of ~h
individual(s)' (natural persons) having the ultimate o%~nership interest i
the aforementioned entity].
NA~E
NA-~-E · ADDRES~,~ND OFFICE (if applicable)
Rercentace of Interg~r
Date of con=ract= ~'~
Page.3
If any continaoncy clause or contract terms involve additional pa~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 fi~
public hearing, a supplemental disclosure of interest shall be filed.
The above is a full disclosure of all parties of interesz in
application to the best of my knowledge and belief.
Signature:
(Applicant]
this
No%al-y Public,
and subscrib~efore me,
~ day of
State of FIQ~ida at Large
(SEAL)
~ MYCOMMSSIONE×P.$EPT121997 ,i .
* Disclosure shall not be required of any entity, the-equity interests
which are regularly traded on an established securities market in
United States or other country; or of any en<ity, the ownerhip interests
which are hold in a lA.ir'ed partnership consisting of more than 5,0£
separate interests and where, no one ,person or entity holds more than
Turnt~erT"y lsl~ Reso~ & ~ut~ ~-~ ~
Ownership s '"uct-ure
5O%
Rafaei Resor~ Investors LP.,
a Ftorida limited Pannership
I Tumt)erry ISle Resort
I
a General P~nership
Macro Capitr;~Oorporadon,
a Florida Corp..o_r~Jon
b
25% General Partner
Resort Investora Limited
a British Virgin Islands Corpormionl
25°,/0 General Partner __~
Macro Turnberry Corporation, ~ /
a Delaware Compan~y
12.1044% Um~:eU Partner
---- BIB Holdings (USA) II, Inc.,
~ a Delaware Compan~
37.BlaB% Limited Psnner
Macro Tumberry Corporation,. '--~
a Delaware Company
0.0765% Limited Partner
Resort Investors Limited
British. Virgin Islands Corporation
BUILDING
SITE DATA
RU--4A
AVENTURA 6LVD-
l'R E
I'RACT G
BU--2
TR R
Z
0
I ~
TRAC~ U
OU
GU
TR U
METROPOLITAN DADE
COUNTY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
City Council ger. e~
Eric M. Soroka, City Mana
September 27, 1996
SUBJECT: October 2, 1996 Agenda Item 3-B - Chabad House of North Dade, Inc.
The background information and County staff recommendation for this agenda item
was not received until late .Friday afternoon. ~
We will provide you with City staff report on Monday.
EMS/tms
attachment
CC0108-96
1. CHABAD HOUSE OF NORTH DADE, INC. 96-10-ACC-2
(Applicant) District 4
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 []
Disclosure ofinterest form attached? Yes [] No []
Previous Zoning Hearings on the Property:
Year Applicant Request Board Decision
1990 Congregation Ahavas Yisroel Chabad
S.E. for a house of worship; ZAB
NUV for a temp. trailer, setbacks
parking, lot area, & bldg. height.
Appr. house of
worship, temp.
trailer; setbacks
parking & lot area.
1995 Congregation Ahavas Yisroel Chabad
S.E. for a religious facility;
NUV for lot area, parking,
setbacks, lot coverage &
height requirements.
! ZAB 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
Chabad House of No. Dade Inc.
21001 Biscayne Blvd.
Dade County, Florida
APPLICANT
ADDRESS
October 2, 1996
96-281
DATE
HEARING NO.
CURRENT ENFORCEMENT:
NO CURRENT ENFORCEMENT ACTION.
HEARING NO. 96-10-ACC-2 (96-281 )
APPLICANT: CHABAD HOUSE OF NORTH DADE, INC.
(1)
34-51-42
District 4
MODIFICATION of Condition #2 of Resolution 5-ZAB470-95, passed and adopted by the Zoning
Appeals Board on the 6th day of Deeamber, 1995, reading as follows:
FROM: "2. That in the approval of the plan, the same be substantially in accordance with ~hat
submitted for the hearing entitled 'Chabad House of North Dade,' as prepared by
ArkidesiL2-, Inc., consisting 0f3 sheets, Sheet gl dated 11-7-94, Sheets #2 & 3, dated
11-8-94, ~and Survey,' as prepared by Boggs, Hutchison & Assoc., Inc., dated
11-1-94."
TO: "2. That in the approval of the plan, the same be substantially in accordance with that
submitted for the hearing entitled 'Lan_.__d Survey,' as ~renared by Boggs-Hutchis~on &
Assoc., Inc., dated revised 12-6-9q, 'Chabad House ~of~North Dade,' as prepared by
Arkidesign, Inc., consisting of four sheets, dated 11-7-94, 'Site Plan ' ' as re ared bv
Witkin Design Group, consisting of two shec~s and dated 4-10-96." -
!
The purpose of the request is to allow the applicant to submit a plan showing the expansion of the
previously approved rehgious facility.
(2) SPECIAL EXCEPTION to permit the expansion of the previously approved religious facility onto
adjacent property.
(3) NON-USE VARIANCE OF BUILDING HEIGHT REQUIREMENTS to permit the proposed
religious facility with a building height of 36' (35' mammum permitted).
(4) NON-USE VARIANCE OF LOT AREA AND LOT FRONTAGE REQUIREMENTS to perm/t the
proposed rehgions facility on a parcel of land with an area of 1.14 acres (2.5 acres minimum required)
(.52 acre previously approved) and a lot frontage of 80.85' (150' minimum required).
(5) NON-USE VARIANCE OF PARKING REGULATIONS to permit parking areas within 25' of the
official right-of-way of N.E. 30 Avenue (not permitted).
(6) NON-USE VARIANCE OF PARKING REQUIREMENTS to permit a total of 66 parking spaces
(82 required).
(7) NON-USE VARIANCE OF SETBACK REQUIREMENTS to permit the proposed religious facility
to setback 1' (50' required) from the interior side (north) property line and s~back varying from 5' t~
5'2" (25' required) from the side street (south) property line (N.E. 210 Street).
(8) NON-USE VARIANCE OF ZONING REGULATIONS requiring a half section line right-of-way to
be 70'; to waive same to permit 30' (35' required) along the west side of N.E. 30 Avenue of the subject
property,.
CONI'INUED ON PAGE TWO
HEARING NO. 96-10-ACC-2 (96-281)
APPLICANT: CHABAD HOUSE OF NORTH DADE, INC.
The aforementioned plans are on file and may be examined in the Zoning Department.
modified at public hcarmg
34-51-42
District 4
PAGE TWO
Plans may be
SUBJECT PROPERTY: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 & 11, Block 1 of HALLANDALE PARK NO.
ll, Plat book 27, Page 39 together with a 25' strip of land being a portion of Tract "A" of DONN ACRES,
Plat book 76, Page 30, be/rig more particularly bounded as follows:
Bounded on the south by the north line of Block I of said HALLANDALE PARK NO. 11 and its W/ly
extension; bounded on the north by a line 25' north of and parallel with the north line of said Block 1;
bounded on the east by the N/ly extension of the east line of Lot 1 of said Block 1; and bounded on the west
by the N/ly extension of a line 25' west of and parallel with the W/ly line of Lot 11 of said Block 1.
LOCATION: 21001 Biscayne Boulevard, Dade County, Florida.
SIZE OF PROPERTY: 1.14 Acres
PRESENT ZONING: RU-3 (Four Unit Apartment)
RU-2 (Two Family Residential)
AGENDA ITEM 1
HEARING NO.: 96-10-ACC-2
HEARING DATE: 10/2/96
PH #: Z96000281
O
CITY OF AVENTURA
ZO MAR
EXISTING ZONING AND LAND USE:
Subject property_: RU-2 & RU-3; house of worship & vacant
S nd' ro :
North: BU-1A; undeveloped
East: RU-2; undeveloped
South: BU-1A & RU-2; funeral home & vacadt
West: BU-1A; Biscayne Boulevard & medical office building
1.14 acres
The subject property is a 1.14 acre parcel in the RU-2, Two-Family Residential District
and the RU-3, Four Unit Apartment House District in Northeast Dade County and is
partially developed with a house of worship and is partially vacant. The 2000-2010
Comprehensive Development Master Plan (CDMP) designates the subject property for
Business and Office uses on the Land Use Plan (LUP) map. This application seeks to
modify a condition of a previously approved Resolution for the purpose of allowing the
applicant to submit new plans indicating the expansion of the previously approved
religious facility. A special exception is sought to permit the aforementioned expansion
of this facility onto adjacent property and non-use variances seek to permit a building
height of 36' (35' permitted), a land area of 1.14 acres (2.5 acres required) ( 0.52 acre
previously approved) and a lot frontage of 80.85' (150' required). Additional non-use
variances are requested to permit parking areas within 25' of the official right-of-way of
N.E. 30 Avenue (not pemfitted), a total of 66 parking spaces (82 required), a setback of 1'
(50' required) from the interior side (north) property line, a setback varying from 5' to 5'2"
(25' required) from the side street (south) property line 0XI.E. 210 Street), and to permit a
right-of-way of 30' (35' required) for the W~st side of a half section line road (N.E. 30
Avenue.)
ZONING EVALUATION
AGENDA ITEM 1
HEARING NO.: 96-10-ACC-2
HEARING DATE: 10/2/96
PAGE TWO
On December 6, 1996 the Zoning Appeals Board approved variances to permit a religious
facility with a lot area of 0.52 acres (2.5 acres required) and a total of 27 parking spaces
(132 required). Additional variances were approved to permit 0' setbacks 'from the front
(south) and rear (north) property lines and a 46'7" (50' required) setback from the interior
side (west) property line, a lot coverage of 45% (30% permitted, and a height of 40' (35'
permitted). The applicants have since purchased the 4 abutting lots to the east and a
narrow strip of land to the north, increasing the size of the subject property from 0.52 acre
to 1.14 acres. The submitted plans indicate a one story temple and chapel with a gross
building lot coverage of 10,348.14 square feet. The additionally purchased easterly lots
will be utilized as a parking lot. The variance to permit a height for the proposed temple
building which will be only 1 foot above the permitted height is minor and should have
no adverse impact on the surrounding area. The propos6d 80.85' of frontage is
necessitated because of the narrow, east/west triangular shape of the subject property,
which would be unusable without this variance. The variance of lot area is supportable,
noting that the size of the subject property has more than doubled since the previous
approval to permit a religious facility on this site. Staffhas no objection to parking within
25' of the official right-of-way of N.E. 30 Avenue and the provision of 80% of the
required number of parking spaces is substantial increase over the previously approved
provision of 20% of the required number of parking spaces. This religious facility can
easily function with fewer than the required number of parking spaces since it is
traditional for its members to walk to services. The setback variances are supportable,
noting that setbacks from the north and south property lines are greater than the 0'
setbacks from same which were previously approved. An undeveloped BU-1A, Limited
Business District parcel is to the north and a funeral home is to the south. The Public
Works Department is requiring a turnaround for the' northerly parking stalls and an
improvement agreement for the furore construction of N.E. 210 Street. Said Department
does not object to the request to provide 30' along the west side of N.E. 30 Avenue and
staff, therefore, supports this variance. The trailer approval for this property expired on
October 23, 1993 and trailers are still on the property, even though condition #5 of
Resolution 5-ZAB-470-95 stated, "That no trailers, tents or similar structures and no
temporary use of any type shall be permitted on the premises". The continued use of
trailers cannot be considered since a request for same is not included in this application.
Staff notes that all conditions of Resolution 5-ZAB-470-95 will remain in full force and
effect as herein modified.
o RECOMMENDATION: Approval with conditions.
ZONING EVALUATION
AGENDA ITEM 1
HEARING NO.: 96-10-ACC-2
HEARING DATE: 10/2/96
PAGE THREE
o
That in the approval of the plan, the same be substantially in accorda~ce with thai
submitted for the hearing entitled "Land Survey," as prepared by Boggs-Hutchison &
Assoc., Inc., dated revised 12-6-95, "Chabad House of North Dade," as prepared by
Arkidesign, Inc., consisting of four sheets, dated 11-7-94, "Site Planting," as prepared
by Witkin Design Group, consisting of two sheets and dated 4-10-96, except as herein
modified to provide turnaround areas for the northerly parking spaces and to remove
all trailers from the property.
2 That the applicant submit to the Public Works Department an improvement
agreement for the future construction of N.E. 210 Street. t
3. That all trailers be immediately removed from the property.
DATE INSPECTED: 9/24/96
DATE TYPED: 9/24/96
DATE REVISED:
DATE FINALIZED: 9/24/96
RGV:DO'QW:AJT:DBM
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:96-281
METROPOLITAN DADE COUN/"fDEPARTMENTOF PLANNING, DEVELOPMENT AND REGULATION
RECOMMENDATION TO THE AVEN'ru~{A CITY COUNCIL
APPLICANT Chabad House of North Dade, Inc.
SECTION 34-51-42
COb~4ISSION DISTRICT 4
DATE: October 2, 1996
ACC t~2%RING ITEM NO.96-10-ACC-2
GE/9~RAL INFORMATION
' REQUEST
Modification of Condition #2 of Resolution #5-ZAB-470-95, passed
and adopted by the Zoning Appeals Board on the 6th Day of
December 1995.
Special Exception to permit the expansion of the previously
approved religious facility onto adjacent property.
Non-Use Variance of Building Height Requirements to permit the
proposed religious facility with a buildin~ height of 36' (35'
maximum permitted).
Non-Use Variance of Lot Area and Lot Frontage Requirements to
permit the proposed religious facility on a parcel of land with
an area of 1.14 acres (2.5 acres minimum required) (.52 acre
previously approved) and a lot frontage of 80.85' (150' minimum
required).
Non-Use Variance of Parking Regulations to permit parking areas
within 25' of the official right-of-way of N.E. 30 Avenue (not
permitted).
Non-Use Variance of Parking Requirements to permit a total of 66
parking spaces (82 required).
Non-Use Variance of Setback Requirements to permit the proposed
religious facility to setback 1' (50' required) from the
interior side (north) property line and setback varying from 5'
to 5'2" (25' required) from the side street (south) property
line (N.E. 210 Street).
Non-Use Variance of Zoning Regulations requiring a half section
line right-of-way to be 70'; to waive same to permit 30' (35'
required) along the west side of N.E. 30 Avenue to the subject
property.
PURPOSE To allow the applicants to sub~it a revised plan showing the
expansion of the previously approved religious facility.
Chabad House of North Dade, Inc.
SECTION 34-51-42
ACC I{EARING ITEM NO. 96-10-ACC-2
CO~ISSION DISTRICT 4
LOCATION 21001 Biscayne Blvd.
EXISTING ZONING AND LAND USE
-2-
P~: 96-281
October 2, 1996
SIZE .52 Acre
SUBJECT PROPERTY RU-2, Vacant land with 2 Office Trailers
SURROUNDING PROPERTY
NORTH RU-3, Vacant
SOu'~ RU-2, Memorial Gardens and Funeral Chapels
EAST PAD, Vacant
WEST BU-1A~ Columbia Aventura Hospital and Medical Center
COMPPu~u~NS/VE DEVELOPMENT MASTER PLAN and/or SPECIAL STI]DIES
The Adopted 2000 and 2010 Land Use Plan designates the subject property as
being within the Urban Development Boundary for low-medium density
residential, up to 13 dwelling units per gross acre.
Chabad House of North Dade, Inc.
SECTION 34-51-42
ACC ~ARING ITEM NO. 96-10-ACC-2
COMMISSION DISTRICT 4
-3-
PH: 96-281
October 2, 1996
RECO594ENDATION
APPROVAL WITH ONE CONDITION
CONDITION~
That applicant shall 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 any certificate of occupancy.
ANALYSIS
This applicant is requesting permission to modify condition #2 of a
resolution previously passed and adopted on the 6th day of December
1995. This request is to permit the applicants to construct a
previously approved religious facility on a 1.14 acre site enlarged
by adding adjacent property to what was formerly approved (2.5 acres
minimum required). The site is slightly smaller than that required
by code for a religious facility and the frontage is narrower than
the 150' minimum required. Also the height of the proposed facility
is only 1 foot greater than permitted by code. To the south of
subject site is Memorial Gardens and Funeral Chapels, the type of
uses compatible with what is proposed for this site. To the west is
the Columbia Aventura Hospital and Medical Center. The proposed use
of subject site will not have a negative effect on existing
surrounding land uses. For these reasons staff recommends approval.
GEO:EES:aj
DATE ~ED:9/23/96
DATE R~"VISED:
~ ~ ~.~!di 11~o, ~D1 r ect or
DG~alr~mrem°n~E--~of~lplanining, D~velopment
and Regulation
MEMORANDUM
TO:
FROM:
Reinaldo Villar
Assistant Director
Department of Planning,
Development and Regulation
DATE: 9-SEP-1996
SUBJECT: ZAB #Z96000281
CHABAD HOUSE OF NORTH DADE, INC.
21001 BISCAYNE BLVD
Mod. of Resol. to permit expansion
Religious Fac. (RU-2/RU-3) (1.14 Ac)
Alyce M. Robertson
Assistant Director
Environmental Resources Management
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. Additionally, PERM has also
evaluated the request insofar as the general environmental impact
that may derive from it and after reviewing the available information
offers no objection to its approval.
POTABLE WATER SUPPLY
Public water can be made
connection will be required.
available to this site, therefore,
Existing public water 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.
WASTEWATER DISPOSAL
The closest public sanitary sewer is located approximately 760 feet
from the site. Based on the proposed request, the subject property
is within a feasible distance for connection to public sewers;
therefore, DERM shall require that any development on the site be
connected to the public sanitary sewer system.
Existing public sanitary sewer facilities and services meet the Level
of Service (LOS) standards set forth in the 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 PERM for this proposed development order.
Additionally, in light of the fact that the County's public sanitary
sewer system has limited 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 system becomes available
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. Drainage plans
shall provide for full on site retention of the stormwater runoff of
a 5 year storm event. Pollution control devices shall be required at
all drainage inlet structures.
If the proposed project has more than two acres of total impervious
area, an Environmental Resource Permit issued by DERM must be
obtained for the construction of the required surface water
management system.
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 CDMP subject to compliance with the
conditions required by DERM for the 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.
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, PERM 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
I~ 96-281
Aventura
City
Council
Applicant's Name: Chabad House of North Dade, Inc.
This Department objects to the parking variance to reduce the number of
parking stalls to 66, 82 required.
Provide turnaround for the northerly parking stalls.
This Department has no objections to the variance to permit 30 feet
along the west side of NE 30th Avenue, adjacent to the subject property
35 feet required (1/2 R/W). No further widening of the street is
planned.
Waiver of plat may be required to comply with Chapter 28 of the
Subdivision Code, please notify applicant.
Improvement agreement for future construction Df NE 210 St.
Since this development abuts a State maintained road
the applicant must contact the district office at
restrictions may apply.
(Biscayne Blvd.),
470-5367, certain
This project meets traffic concurrency because it lies within the urban
infill area where traffic concurrency does not apply.
~i~ussell C. Kelly' /
SEP 1 0 1996
Date
DISCLOSLrRE OF [NTEREST*
If the prcperty which is the subject of the application is owned or leased by a CORPORATICN,
list the principal stockholders and the percentage of stock owned by each. [Nero: where the
principal officers or stockholders consist cf another corporation(s), trustee(s), partnership(s) cr
other similar entities, further disclosure s!mll be requh-ed which discloses the identi~' of the
individual(s) (natural persons) having the ultimate ownership interest in Cue aforementioned
entity].
l~e.rcentag¢ of Stock
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 [No~e: where the
beneficiary/beneficiaries consist of corporation(s), another trust(s), parmership(s) or other sin'filar
emities, further disclosure shall be required which discloses the identity of ',.he individual(s)
(natural persons) having the ulthnate ownersl'dp interes~ in the aforementioned entity].
TRUST NAME
NAME AND ADDRESS
1percerlra-ee of Interest
Page 3
If any contingency clause o; conlract terms involve additional pal'tie~, list all ~qd~viduals o:
officers, if a corporation, pa~nership, or trust.
For an), changes of ownersh;rp or changes in contracts tbr purchase subsequent to the date of the
application, but prior to the date of final public hearing, a supplemental disclosure of interest
shall be filed.
The above is a full disclosure of all parties of interest in ~b. is application to the best of mx'
'knowledge and belief.
Signature:
(Applicant)
Sworn to and subscribed before me,
Notary Public, State3f FlSrida at Large
My Commission Expires:
(SEAL)
i OFFICIAL NOTARY SEAL
MOISES GORIN
NOTARY PUBLIC STATE OF FLORIDA[
COMMISSION NO. CC365t 19
MY COMMISSION EXp. MAY 19,199~
*Disclosure shall not be required of any entity, the equi~ interesls in wt~ich are regul~ly traded
on an established securities market in the Urdted States or any ouher country; or of any entiD',
the ownership interests o£ which are held in a limited parmers.hJp consistiag of more uhan 5,000
separate interests and where no person or entity holds more t,h~ a total cf. 5 % of the ownership
interest in the limited partnership.
/I
/
/
;J' /TRACT
/ /
-~R ACT E
I
PAD
LECEND
METROPOLITAN DADE
~: 34 To,~rd~ 51 ~ 42
CoL~rry ~
2'10
~T
MINUTES
COUNCIL MEETING
AUGUST 20, 1996 - 6 P.M.
COLUMBIA AVENTURA MEDICAL ARTS BUILDING
21110 BISCAYNE BOULEVARD SUITE 101
AVENTURA, FLORIDA
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor
Arthur I. Snyder at 6 p.m. Present were Councilmembers Arthur Berger, Jay R. Beskin,
Ken Cohen, Harry Holzberg, Jeffrey Perlow, Vice Mayor Patricia Rogers-Libert, Mayor
Arthur I. Snyder, City Manager Eric M. Soroka, City Attorney David M. Wolpin and City
Clerk Teresa M. Smith. As a quorum was determined to be present, the meeting
commenced.
2. PLEDGE OF ALLEGIANCE
3. ZONING HEARINGS - SPECIALLY SET BY COUNCIL FOR 6 P.M.
A. HEARING NUMBER: 96-7-ACC-1: The applicant, Turnberry Country
Club, requested: (1) modification of a 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; and (5) non-use variance of parking regulations which require parking
spaces to be longer and wider.
All witnesses giving testimony in the zoning hearing were sworn in by the City
Clerk. Mr. Wolpin read the applicant's zoning request and noted for the record that
disclosures of ex parte communications by Councilmembers were filed with the City
Clerk in accordance with Ordinance No. 96-09.
The following individuals addressed Council relative to this zoning request: Al
Torres, Metropolitan Dade County Planning, Development and Regulation Department,
111 NW 1st Street, Miami; Joseph Goldstein, Esq., 1221 Brickell Avenue, Miami; Jens
Graffe, 19999 West Country Club Drive, Aventura; Bruce Brosch, 2600 Douglas Road,
Miami; Jeff Bass, Esq., 46 SW 1st Street, Miami; Eric Charles, Professor, University of
Miami; Manny Grossman, 20301 W. Country Club Drive; Barbara Brighton, 20335 W.
Country Club Drive #901; Sylvia Magnicoff, Coronado II; and Wilma Morrison Friedman,
20100 W. Country Club Drive. A motion to approve the application, as submitted, was
offered by Councilmember Perlow and seconded by Councilmember Holzberg.
Extensive public hearing comments and discussion ensued. In an effort to reach a
compromise between the applicant and objectors, Mayor Snyder announced a recess
of the Council meeting and promptly left the room for a discussion with representatives
of the applicant, the objectors to the application, the City Attorney and a court reporter.
AUGUST 20, 1996
No other Councilmembers attended such discussion. After the recess, a motion was
made by Vice Mayor Rogers-Libert and seconded by Councilmember Cohen that the
Mayor provide Council with a brief synopsis of the aforementioned discussion, and that
a verbatim transcript be entered into the record (attached as Exhibit "A"). The motion
passed unanimously and Mayor Snyder presented his synopsis of the discussion to
Council in public session. After further discussion, Councilmember Perlow withdrew his
motion and Councilmember Holzberg withdrew his second. A motion to continue this
hearing to the October 2, 1996 Council meeting was offered by Vice Mayor Rogers-
Libert and seconded by Councilmember Cohen. The motion passed unanimously.
B. HEARING NUMBER: 96-8-ACC-'1: The applicant, Miami Beach Health
Care Group Ltd. requested: (1) zone change from minimum apartment house district,
including an unusual use request for permit parking in a zone more restrictive than the
use it serves; and (2) request to modify the previously approved plans for this site. The
following individuals addressed Council: Clifford Schulman, Esq., 1221 Brickell
Avenue, Miami; Linda Bell, Williams, Hatfield & Stoner, Inc., 4601 Ponce de Leon
Boulevard, Coral Gables; and Norman Leopold, Esq., 20801 Biscayne Boulevard,
Aventura. After brief discussion, a motion to approve the application, subject to the
conditions set forth by County and City Staff, was offered by Vice Mayor Rogers-Libert
and seconded by Councilmember Cohen. The motion passed unanimously.
C, HEARING NUMBER: 96-8-ACC-2. The applicant, Trafalgar Associates of
Aventua, Ltd., requested modification of a previously approved plan to allow for
individual dwelling units. Jeffrey Bercow, Esq., 200 South Biscayne Bouelvard, Miami,
addressed Council. After discussion, a motion was offered by Councilmember Cohen
and seconded by Councilmember Holzberg to approve the application, subect to the
condition that the plans provide that three pools will be built and any change of plans
will be subject to Council approval, and subject to the conditions and recommendations
as provided by City and County staff. The motion passed unanimously.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the July 16,
1996 and August 1, 1996 Council meetings was offered by Vice Mayor Rogers-Libert
and seconded by Councilmember Perlow. The motion passed unanimously and the
minutes were approved as submitted.
5. AGENDA: A motion to continue Agenda Item 8-A until the September 17, 1996
meeting was offered by Vice Mayor Rogers-Libert, seconded by Councilmember Beskin
and unanimously passed.
A motion to defer Agenda Items 11A and 11B was offered by Vice Mayor
Rogers-Libert, seconded by Councilmember Perlow and unanimously passed.
2
AUGUST 20, 1996
A motion to defer Agenda Item 11-D was offered by Councilmember Beskin,
seconded by Vice Mayor Rogers-Libert and unanimously passed.
A motion to defer Agenda Item 10 was offered by Councilmember Cohen,
seconded by Vice Mayor Rogers-Libert and unanimously passed.
A motion to add to the agenda adoption of a resolution approving appointments
to the Beautification, Recreation and Cultural Arts Advisory Board was offered by Vice
Mayor Rogers-Libert, seconded by Councilmember Beskin and unanimously passed.
6. SPECIAL PRESENTATIONS: None
7. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Vice Mayor Rogers-Libert, seconded by Councilmember Cohen and unanimously
passed. Thus the following action was taken:
The following ordinances were passed on first reading:
A=
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
PROVIDING FOR THE ESTABLISHMENT OF THE CITY'S
CODE ENFORCEMENT PROCESS; PROVIDING FOR
DEFINITIONS; PROVIDING FOR CIVIL OFFENSES AND
PENALTIES; PROVIDING FOR QUALIFICATIONS OF AND
POWERS OF SPECIAL MASTERS; PROVIDING FOR THE
CITY ATTORNEY TO SERVE AS COUNSEL; PROVIDING
FOR AUTHORITY TO INITIATE ENFORCEMENT
PROCEDURES; PROVIDING FOR ENFORCEMENT
PROCEDURES; PROVIDING FOR CONTENTS AND
SERVICE OF WARNINGS AND NOTICES; PROVIDING
FOR RIGHTS OF VIOLATORS; PROVIDING FOR
SCHEDULING AND CONDUCT OF HEARING; PROVIDING
FOR CIVIL PENALTIES AND RECOVERY OF UNPAID
CIVIL PENALTIES; PROVIDING FOR APPEALS OF
SPECIAL MASTER'S ORDER; PROVIDING FOR
SUPPLEMENTAL PROVISIONS; PROVIDING FOR
ADDITIONAL ENFORCEMENT POWERS; PROVIDING
FOR A SCHEDULE OF CIVIL PENALTIES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPLACEMENT
OF CODE ENFORCEMENT PROVISIONS PROVIDED BY
3
Ca
AUGUST 20, 1996
METRO DADE COUNTY CODE SEC 8CC, ET. SEQ. AND
PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, PROVIDING THE INTERIM TERMS AND
CONDITIONS FOR THE OPERATION OF CABLE
TELEVISION SYSTEMS AND THE APPLICATION,
PROCEDURES AND REQUIREMENTS RELATING TO
THE GRANT OF FRANCHISES FOR THE
CONSTRUCTION, INSTALLATION, OPERATION AND
MAINTENANCE OF CABLE TELEVISION SYSTEMS,
EQUIPMENT AND FACILITIES IN, ON, ACROSS, ABOVE
OR THAT IN ANY MANNER WHATSOEVER USE THE
CITY'S PUBLIC RIGHTS OF WAY AND TO ENSURE
THAT USE OF THE CITY'S PUBLIC RIGHTS OF WAYS IS
IN THE PUBLIC INTEREST AND IN CONFORMANCE
WITH APPLICABLE LAW; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; PROVIDING A
SAVINGS CLAUSE AND EFFECTIVE DATE.
Resolution No. 96-28 was adopted, as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, APPOINTING THE FIRM OF
KEITH AND SCHNARS, P.A. TO PERFORM GENERAL
PROFESSIONAL ENGINEERING SERVICES;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED AGREEMENT FOR PROFESSIONAL
SERVICES; AGREEING TO THE NEGOTIATED SCOPE
OF SERVICES AND FEES CONTAINED IN SAID
AGREEMENT; AND, PROVIDING AN EFFECTIVE DATE.
Resolution No. 96-29 was adopted, as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, APPOINTING THE FIRM OF
O'LEARY DESIGN ASSOCIATES, P.A. TO PERFORM
GENERAL PROFESSIONAL LANDSCAPE ARCHITECT
SERVICES; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED AGREEMENT FOR
4
AUGUST 20, 1996
PROFESSIONAL SERVICES; AGREEING TO THE
NEGOTIATED SCOPE OF SERVICES AND FEES
CONTAINED IN SAID AGREEMENT; AND, PROVIDING
AN EFFECTIVE DATE.
Resolution No. 96-30 was adopted, as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, ESTABLISHING A RANKING
OF FIRMS TO PERFORM AUDITING SERVICES;
AUTHORIZING THE CITY MANAGER OF THE CITY OF
AVENTURA, FLORIDA, ON BEHALF OF SAID CITY, TO
NEGOTIATE THE SCOPE OF SERVICES AND FEES FOR
SAID SERVICES; AUTHORIZING THE CITY MANAGER
TO DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
Resolution No. 96-31 was adopted, as follows:
A RESOLUTION OF THE CITY COUNCIL OF AVENTURA,
FLORIDA, AWARDING AND LETTING CONTRACTS FOR
THE CITY'S GROUP INSURANCE PROGRAM TO UNITED
HEALTHCARE PLANS OF FLORIDA FOR POS PLAN 200
(HEALTH INSURANCE), TO EAGLES BENEFITS BY
DESIGN INC. FOR IRS SECTION 125 PLAN
ADMINISTRATION, TO UNUM FOR LONG-TERM
DISABILITY, TO STANDARD INSURANCE FOR LIFE &
ACCIDENTAL DEATH AND DISMEMBERMENT;
AUTHORIZING THE CITY MANAGER OF THE CITY OF
AVENTURA, FLORIDA, ON BEHALF OF SAID CITY, TO
EXECUTIVE ASSOCIATED CONTRACTS; REJECTING
ALL BIDS FOR DENTAL COVERAGE; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY
TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
Resolution No. 96-32 was adopted, as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, REQUESTING THAT THE
METROPOLITAN DADE COUNTY BOARD OF COUNTY
5
AUGUST 20, 1996
COMMISSIONERS AUTHORIZE THE TRANSFER OF
TITLE TO THE PROPERTY KNOWN AS TRACT F, PARK
SITE, OF THE MARINA DEL REY PLAT, AS SHOWN ON
EXHIBIT "A" ATTACHED HERETO AND MADE A PART
HEREOF, TO THE CITY OF AVENTURA; PROVIDING AN
EFFECTIVE DATE.
Resolution No. 96-33 was adopted, as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, ADOPTING THE CITY OF
AVENTURA'S LOGO AS CONTAINED IN EXHIBIT "A";
AND PROVIDING FOR AN EFFECTIVE DATE.
8. PUBLIC HEARINGS:
A. Continued.
B. Mr. Wolpin read the following ordinance by title:
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.
Mayor Snyder opened the public hearing and there being no speakers, closed
the public hearing. After discussion, a motion was offered by Councilmember Perlow
and seconded by Vice Mayor Rogers-Libert to approve the ordinance, subject to the
following amendments: Section 1.03(b) to provide the inclusion of "without the written
consent of the property owner filed with the City Clerk prior to posting of the sign";
Section 1.03(d) to include "petition method of qualifying"; Section 1.03(g) to include that
the maximum size of any one Temporary Political Sign shall not exceed eight square
feet and the total signable area for Temporary Political Signs located on any single
property shall not exceed 32 square feet per property, with a maximum total aggregate
signable area per candidate for the entire City not to exceed 32 square feet; and a
provision in the fourth "Whereas" clause to include "Restrictive Covenants of
6
AUGUST 20, 1996
Homeowners Association and Master Associations." The motion passed, 6-1, by roll
call vote, with Councilmember Holzberg voting no and Ordinance No. 96-11 was
enacted.
C. Mr. Wolpin read the following ordinance by title:
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.
Mayor Snyder opened the public hearing. There being no speakers, the public
hearing was closed. A motion to approve the ordinance was offered by Vice Mayor
Rogers-Libert and seconded by Councilmember Perlow. A motion to amend the
ordinance to provide for a term of 180 days from date of adoption was offered by Vice
Mayor Rogers-Libert, seconded by Councilmember Perlow and unanimously passed.
After roll call vote, the motion to approve was unanimously passed and Ordinance No.
96-'12 was enacted.
D. Mr. Wolpin read the following ordinance by title:
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
7
AUGUST 20, 1996
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.
Mayor Snyder opened the public hearing. The following individuals addressed
Council: Ralph Zakar, 3600 Yacht Club Drive and Jacob Gelfand, 20201 NE 29th Court,
Aventura. Mayor Snyder closed the public hearing. After discussion, a motion was
offered by Concilmember Perlow and seconded by Councilmember Beskin to approve the
ordinance with the following amendments: Change the word "clairvoyants" to "psychics;"
remove hypnotists to a category of its own at a fee of $170. The motion passed 6-1 by
roll call vote, with Vice Mayor Rogers-Libert voting no and Ordinance No. 96-13 was
enacted.
9. RESOLUTIONS: NONE
10. REPORTS: Deferred.
11. OTHER BUSINESS:
A. Deferred.
B. Deferred.
C. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, PROVIDING THAT A PERSON SHALL NOT
SERVE ON MORE THAN ONE CITY OF AVENTURA
BOARD OR COMMITTEE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion to approve the ordinance was offered by Vice Mayor Rogers-Libert and
seconded by Councilmember Cohen. A motion to amend the ordinance to provide for
deletion of the words "or committee" was offered by Councilmember Perlow, seconded
by Councilmember Berger and unanimously passed. After roll call vote, the motion to
approve passed, 6-1, with Mayor Snyder voting no.
D. Deferred.
8
AUGUST 20, 1996
DISCUSSION AND POSSIBLE MOTION TO TAKE ACTION
RELATIVE TO TRAIN WHISTLE BAN.
No action taken by Council.
Mayor Snyder read the names of the nominees to the Beautification, Recreation
and Cultural Arts Advisory Board. A motion to adopt a resolution approving the
nominees was offered by Vice Mayor Rogers-Libert, seconded by Councilmember
Holzberg, and unanimously passed. Thus, Resolution No. 96-34 was adopted, as
follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, APPROVING THE
APPOINTMENT OF MEMBERS TO THE CITY OF
AVENTURA BEAUTIFICATION, RECREATION AND
CULTURAL ARTS ADVISORY BOARD; AND PROVIDING
AN EFFECTIVE DATE.
12. PUBLIC COMMENTS: Mr. Sol Kalichman, 20201 NE 29th Court, Aventura,
addressed Council.
13. ADJOURNMENT: There being no further business to come before Council,
after motion made, seconded and passed, the meeting adjourned.
Teresa M. Smith, CMC, City Clerk
Approved by Council on
Anyone wishing to appeal any decision mede by the Aventura City Council with respect to any matter considered at such
meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of
the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
9
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IN RE:
TURNBERRY ISLE,
Applicant.
No. 96-7AACCl
20900 Biscayne Boulevard
Aventura, Florida
Tuesday, 6:05 p.m.
August 20, 1996
The above-entitled cause came on for
hearing before the Aventura city Counsil, pursuant
to notice.
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(Thereupon, the following proceedings
were held outside the presence of the council.)
MAYOR SNYDER: Let the record reflect
we're standing out in the hallway. We have an
official court reporter here. We have principals
of the two parties, Mr. Grossman, Mr. Grafe, and
we have our respective attorneys, and we have a
city attorney.
Okay. Does anyone wish to give their
names or something so there is --
MR. GROSSMAN: I think we know each
other.
MAYOR SNYDER: My suggestion is this. I
think that if the applicant would agree to seven
stories, the same number of rooms, and spread them
out so that you have a seven-story building
rather -- and the same as the seven-story building
that's the other part, that you can get a
unanimous approval of this council. I'm trying to
count heads, and I don't know which way this is
going to go. I really don't. I'm usually very
good at that. But this time I'm not sure. So I
think that the number of rooms that are needed are
essential, and if we can agree to that, I think
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that this council would go along with that.
I don't know if I'm speaking with -- If
there is no objection, the signs on that,
everybody says, "7 okay, 11 no way" mean anything,
that then we have done what everybody wants us to
do. If you want to take the chance --
MR. GROSSMAN: Mr. Mayor, that might be
acceptable. However, without seeing plans on how
that works out, I don't know that we should commit
ourselves.
MAYOR SNYDER: It's just an extension
away from your building. If it follows the curve,
it's going right where the tennis courts are.
That's where it's going to -- has to go.
MR. BASS: I need to make one procedural
Manny is speaking on behalf
is acting, to my
duly noted meeting to
know if Manny wants
association without a
If they want to show
point clear to you.
of the association, which
understanding, pursuant to a
get their position. I don't
to unilaterally commit the
resolution from the board.
us those
meeting,
plans and you want to continue this
let us see what those plans --
MAYOR SNYDER: Let me tell you, if
out there and announce that they are willing
I go
to go
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seven stories, same number of rooms, you got seven
votes right now, okay. If you want to postpone it
or anything like that -- This thing has had a full
airing, almost three hours. Everybody has had a
chance to say what they want, and it appears --
And I know I could listen to the council. I know
that
what they
they have
are saying. The council is saying
no objection to seven stories.
Now, if we can all agree upon that,
it's
a whole lot better than you're not agreeing and
then going out and seeing whether the council is
convinced. This is only preventing problems in
the community.
MR. BASS: We clearly don't want to
exacerbate --
MAYOR SNYDER: Everybody has said seven
stories is agreeable, and looking at the plans,
it's the same height as the other building.
Nobody threw it out. Then when Coronado was
built, the view is blocked. One building should
have said no to the other buildings, we don't want
you to build three buildings. We only want one
building, because if you're objecting to this, how
can you not object to the two buildings that are
up alongside it? I mean, they take away
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everything.
Then
don't know if you want
want to do it, tell me.
take a vote.
there is no logical reason why -- I
to do it. If you don't
Then we just go back and
MR. GRAFE: Well, I'd like to compromise
because we are neighbors. We are going to be
neighbors. There is still some uncertainty, what
is 10 stories or what is 11 stories, because we
are sitting on the pool deck in front, and from
there it's only 10 stories because we are building
a basement, and part of the basement is exposed
and --
MAYOR SNYDER: Let's put it this way.
You cut off four of the top stories and do what
you want.
MR. GOLDSTEIN: What you are suggesting
building the same height as the other building,
whatever
base
want
that is.
MAYOR SNYDER: Whatever that is.
MR. GROSSMAN: Ninety-three feet.
MR. GOLDSTEIN: It's 93 feet from the
of 11 and we're at base 7 here, so we just
to come up to the same roof line.
MR. SHUBIN: And you won't seek --
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do you
MR. BASS: What about the restaurant;
lose the restaurant?
MR. GRAFE: No.
to all the
seating.
MR. GOLDSTEIN: No, but we would
other conditions on the outdoor
MAYOR SNYDER:
time and time
agree
going on
This council, and I'm
again, they have no problem
with outside seating and it doesn't affect
anybody, especially if they say there is no loud
speakers. At Hooter's we agreed they had loud
speakers, they had to shut down at ten o'clock
or --
MR. GRAFE: We have guests at 10 feet
that spend in excess of $400 a night. We cannot
afford to inconvenience them.
MR. SHUBIN: Let me tell you, I guess,
my reservations in the way of speaking to my
client in this context.
First of all, in principle, Manny may
have objections or no objections to seven stories,
93 feet. However, we want to define it. The
problem is, if we had assurances, for example,
that there wouldn't be additional variances
sought,
there wouldn't be additional permitting
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sought, that this was going to be the end of the
saga, that may be something that will help him
evaluate whether or not he's making a decision or
whether this is something that he could recommend
to the people that are supporting him or on whose
behalf he's speaking today.
I suggest to you that if you deny this
without prejudice, for example, and perhaps waive
the refiling requirement, we would all be dealing
in an area of certainty where we may be able to
come hand-in-hand and not have
division.
The problem is it's
anybody to make a decision in
difficult for the hotel, it's
this type of
difficult for
uncertainty. It's
difficult for --
I understand the logic of trying to bring both
sides together and to do the right thing and to
avoid animosity, which is all desirable, but
it's
difficult to put either side in uncertainty, and
maybe either a deferral or denial without
prejudice, waiving the refiling fees, et cetera,
And
might be the way in which people can work together
from the beginning of the process on an expedited
basis.
MR. GOLDSTEIN: We would not agree to
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that.
MAYOR SNYDER: This is going to be
resolved tonight. If it's defeated, that's it.
it's approved for 11 stories, that's it. If we
compromise, that's it.
Everybody had ample opportunity to get
together before. For some reason or other it
didn't work out. I'm not putting blame on
anybody. There has to be finality to everything.
This thing came up a month ago and was postponed.
It's not going to be postponed anymore. It
doesn't want to go through this process again.
MR. GROSSMAN: Mayor, I'll ask you as
judge, not as the mayor now. Do I have a right
the president of the condominium, without
consultation with my board of directors or unit
owners, to make a unilateral decision for 760
residents?
If
a
as
MAYOR SNYDER: Well, I think if I didn't
see hundreds and hundreds of signs that said this,
I would say you are right, but when seeing all of
these signs, the only reason that anything has
changed from these signs is that you found out
that only two-story villas were allowed.
MR. GROSSMAN: That's right.
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MAYOR SNYDER:
when they put
of them,
they agreed to seven stories,
they --
MR.
believed that
MR.
the rank
Well, the group, all
on those signs, they say
okay. This is what
for
believe.
GROSSMAN: They didn't agree. They
was what was approved.
WOLPIN: That speaks loud, I think,
and file members.
MR. BASS: That's what we were led to
it may, you
MAYOR SNYDER: Be that as
can agree to it or not.
MR. GROSSMAN: May I have a moment with
my attorneys.
MAYOR SNYDER: Of course.
(Discussion off the record.)
MR. GROSSMAN: Mr. Mayor, our
additional --
MR. SHUBIN: Let me try to summarize,
again, recognizing two very important exceptions
that I need to put on the record.
Mr. Grossman is an individual, and Mr.
Grossman, to the extent that he has the ability to
speak on behalf of the Coronado association
without making a decision as to whether he can or
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cannot, will agree in principle to the idea of
seven stories, but in order to specifically
approve the project, he wants to hear as much
specificity as possible from the applicants and
their attorney about where the grid will be,
whether there is a limitation on rooms, and
whether or not they will be seeking additional
zoning permits from this council in the near
future that would allow them to expand the
project.
MAYOR SNYDER: What do you define as
near future?
MR. SHUBIN: Let's say five years.
MAYOR SNYDER: Is that --
MR. GRAFE: I am not authorized to make
those kind of decisions. We have a $130 million
investment. I cannot --
MR. SHUBIN: We represent a number of
people beyond the association. Nothing that I'm
saying here today is going to be deemed to be any
type of a waiver of the legal arguments that we
may have regarding hardship on the nonuse variance
and the D.I.C.
MAYOR SNYDER: That's the chance they
have to take.
0
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MR. SHUBIN: But, Your Honor, from the
standpoint of malpractice, I don't want to be
seen -- Because we have a court reporter here, I
don't want to be seen as waiving an argument if a
client that has retained us says you waived an
argument that we had at our disposal. That's the
only reason I'm --
MAYOR SNYDER: I'm going to tell the
group that the applicant has agreed to continue
the building in its present form, just around the
same contour as it is, but is going to continue it
to make enough rooms, and that addition to go up
to the number of rooms they are asking for, but
the height will be the seven stories or the same
as the other building, whatever it is.
MR. SHUBIN: Will that be 93 feet?
MR. GOLDSTEIN: It would be at the same
line, probably a little bit more than 93 at
location, because it starts at seven feet.
MAYOR SNYDER: Well, if it starts at
we're talking about a maximum of 97 feet,
97.
MR. GOLDSTEIN: The city can set the
height, and whatever that particular -- the
existing height is, we can live with, whatever
roof
that
seven,
okay,
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height the city --
MR. BASS: Then you'll be removing a
request for modification?
MR. GOLDSTEIN: It would be modified
only to the extent that the city makes a
determination as to the existing height at the
roof line of the Magnolia -- the other building.
MR. BASS: Those are already approved,
and you modified it to have that approved, but
just live by the previous modification, which was
to that height.
MR. GOLDSTEIN: The difference is the
base lines where you measure from. If we start
7 feet on this site, because that's flood
criteria, the other one was at 11, so there is
probably a 4-foot difference.
MR. BASS: You'll be seeking a
modification in the amount of four feet?
MR. GOLDSTEIN: Four-and-a-half, five
feet.
MAYOR SNYDER: Maximum five feet,
whatever it is. It's not any set amount. It's
exactly what the other height is, so that it all
makes sense.
MR. SHUBIN:
But, again, as much
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precision as possible because, again, Mr. Grossman
is in a very delicate position.
MAYOR SNYDER: He's not in a delicate
position because he's not agreeing to it except as
an individual, and certainly not as a portion of
Coronado in any way. And you're not agreeing to
anything, but you're not opposing it.
MR. GROSSMAN: Let the record show I'm
speaking as an individual and not speaking for the
condominium.
MAYOR SNYDER: Absolutely, as an
individual, and they are not waiving anything,
you're not waiving anything. You're not going to
go against it. You're not waiving any of your
rights of anything you want to do.
MR. SHUBIN: Again, that's an decision
that only Manny can make. If Manny wants to
potentially suffer -- He has to live with these
people.
MAYOR SNYDER: He's already made the --
(Discussion off the record.)
MR. GROSSMAN: I will go along with that
if they will agree that once they have this
building built or start building it, they will not
look for any modifications to this building for
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the next
years.
doesn't
if they
need
west
the
-- for this project for the next 10
MAYOR SNYDER: Well, if the project
interfere with Coronado, why do you care
have something that comes up that they
for a park variance or something else on the
side of Country Club Drive?
MR. GROSSMAN: I'm speaking in terms of
seven-story building.
MAYOR SNYDER: That particular building,
there will be no things for five years, no request
for any variance in the building, okay?
MR. GOLDSTEIN: Now we have to talk.
Because no matter what we would have to do, we
would have to go to public hearing at that point
in time. That's what he's saying, that we can't
apply for a public hearing at some point in the
future.
MR. SHUBIN: Absolutely.
MAYOR SNYDER: A seven-story building,
if you can't put in sufficient plans that will
last for five years, you should get another
architect. Excuse me.
MR. GOLDSTEIN: There is a condition
limiting us from applying for any changes to the
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configuration
that height,
seven-story building will
five-year period from --
MR. GOLDSTEIN:
five-year
condition
of that building. Configuration of
is that what you are talking about?
MAYOR SNYDER: No, any variance on that
not be allowed for a
We cannot apply
period. Can that be limited by
MR. WOLPIN: If you'll agree to that
condition, it can. If you cover these --
MR. TRAURIG: Suppose we needed a
handicap ramp, suppose we need an enclosure for
the garbage bins? When you say no modification,
don't think you really intended to limit those
functional characteristics.
for that
a
MR. SHUBIN: One, I would assume that
when your architects draw the plans today, they
are going to make necessary accomodations for
garbage bins, ADA, all sorts of handicap
compliance. What we're concerned about is the
floor area ratio, the density, the number of
rooms, the height.
MR. TRAURIG: That I think we ought to
be able to agree to talk about, lot coverage,
floor area ratio.
I
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height.
ability
this
it, after
Number of units.
Number of units and
MR. SHUBIN:
MR. TRAURIG:
Anything else?
MR. SHUBIN: What else is there, width?
MR. GOLDSTEIN: No, we have to have the
to deal with the width in order to design
appropriately.
MAYOR SNYDER: That's after you design
it's put on --
MR. TRAURIG: He's saying after we get a
CoOo
MR.
there will be
of rooms,
WOLPIN: Once you get your C.O.,
no further change to height, number
floor area ratio.
MR. TRAURIG: I think that's fair.
MAYOR SNYDER: Okay, agreed. Let's go.
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CERTIFICATE
17
STATE OF FLORIDA:
SS:
COUNTY OF DADE:
I, KATHLEEN ELMORE, Registered
Professional Reporter, State of Florida at Large,
do hereby certify that I was authorized to and did
report in shorthand the above and foregoing
proceedings, and that thereafter my shorthand
notes were transcribed and reduced to typewriting
under my supervision; and that the pages numbered
1 through 16, inclusive, contain an excerpted
computer-aided transcription of my shorthand notes
taken therein.
Done and signed this 12th day of
September, 1996, in the City of Miami, County of
Dade, State of Florida.
KATHLEEN ELMORE, RPR
PEGGY ANN COOK & ASSOCIATES, INC.
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COUNCIL WORKSHOP MEETING
SEPTEMBER 11, t996 - 9 A.M.
AVENTURA GOVERNMENT CENTER
2999 NE 191sT STREET SUITE 500
AVENTURA, FLORIDA
The meeting was called to order by Mayor Arthur I. Snyder at 9 a.m. Present
were Councilmembers Jay R. Beskin, Ken Cohen, Harry Holzberg, Jeffrey Perlow, Vice
Mayor Patricia Rogers-Libert, Mayor Arthur I. Snyder, City Manager Eric M. Soroka,
City Attorney Richard Jay Weiss and City Clerk Teresa M. Smith. Councilmember
Arthur Berger was absent. As a quorum was determined to be present, the meeting
commenced and the following items were discussed:
1. Overview of Safety Barricade and Sidewalk project. Representatives of Keith &
Schnars, P.A. provided an overview of the proposed traffic barrier and sidewalk
improvement projects.
2. Billboard Sign Policy. The City Manager and the City Attorney to research the
length of the permits for the existing billboards.
3. 183rd Street Update. Provided by the City Manager.
4. Amendments to Planning & Zoning Board Ordinance. Councilmember Beskin to
work with the City Attorney to prepare ethics legislation. Consensus of Council to
table second reading of this ordinance.
5. Request of Dade County Fire Department to Establish Substation. Approval to
proceed.
6. Solid Waste Service and Franchise Policy. Approval to proceed with appropriate
legislation - 1 year franchise.
7. Founders Day Activities. Robert Sherman, Community Services Director,
presented a proposed slate of activities for this year's Founders Day celebration.
Role of Councilmembers and Miscellaneous Matters. City Manager to prepare
proposed guidelines for Clerk's duties as secretary to Councilmembers. Consensus
of Council to divide Beautification, Recreation and Cultural Arts Advisory Board into
two boards: 1) Beautification Advisory Board and 2) Recreation and Cultural Arts
Advisory Board.
There being no further discussion, the meeting adjourned.
Approved by Council on
Teresa M. Smith, CMC, City Clerk
2
MINUTES
CITY COUNCIL MEETING
CITY OF AVENTURA, FLORIDA
TUESDAY, SEPTEMBER 17, 1996 - 7 P.M.
COLUMBIA AVENTURA 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 p.m. Present were Councilmembers Arthur Berger, Jay R. Beskin, Ken Cohen,
Harry Holzberg, Jeffrey M. Perlow, Vice Mayor Patricia Rogers-Libert, Mayor Arthur
I. Snyder, City Manager Eric M. Soroka, City Attorney Richard Jay Weiss and City
Clerk Teresa M. Smith. As a quorum was determined to be present, the meeting
commenced.
2. PLEDGE OF ALLEGIANCE: Ms. Susan Fried 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 September 4,
1996 Council meeting. The motion passed unanimously. A motion was offered by
Vice Mayor Rogers-Libert and seconded by Councilmember Perlow to approve the
minutes of the September 5, 1996 meeting. The motion passed unanimously.
4. AGENDA: A motion to defer Agenda Item 7.A. to the first Council meeting in 1997
was offered by Vice Mayor Rogers-Libert, seconded by Councilmember Perlow and
unanimously passed. Councilmember Cohen requested that Agenda Item 6.F. be
removed from the Consent Agenda. Councilmember Beskin requested the removal
of Item 6.C. from the Consent Agenda. Councilmember Perlow requested removal
of Item 6.E. from the Consent Agenda.
5. SPECIAL PRESENTATIONS: NONE.
6. CONSENT AGENDA: A motion to approve the remainder of the Consent Agenda
was offered by Vice Mayor Rogers-Libert, seconded by Councilmember Perlow and
unanimously passed. Thus, the following ordinances were passed on first reading:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA; GRANTING TO PEOPLES GAS SYSTEM, INC.
A NON-EXCLUSIVE FRANCHISE IN THE CITY OF
AVENTURA; AUTHORIZING PEOPLES GAS SYSTEM,
INC. TO USE THE PUBLIC RIGHTS-OF-WAY AND
STREETS OF THE CITY, FOR THE PURPOSE OF
CONSTRUCTING, MAINTAINING, OPERATING AND
EXTENDING GAS LINES IN THE STREETS AND PUBLIC
PLACES OF SAID CITY THEREON AND THEREUNDER;
PROVIDING FOR A FRANCHISE FEE; PROVIDING THE
TERMS AND CONDITIONS OF SUCH GRANT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, ESTABLISHING A SCHEDULE OF CHARGES
FOR PROVIDING COPIES AND/OR PHOTOCOPIES OF
CITY DOCUMENTS AND RELATED SERVICES;
PROVIDING A SCHEDULE OF FEES; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE
DATE.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
PROVIDING A FEE SCHEDULE FOR BUILDING PERMIT
FEES; PROVIDING A FEE SCHEDULE FOR ZONING AND
PLANNING APPLICATIONS; PROVIDING FOR SAVINGS
CLAUSE, SEVERABILITY, INCLUSION IN THE CODE
AND AN EFFECTIVE DATE.
C. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, PROVIDING FOR THE ISSUANCE OF SOLID
WASTE COLLECTION FRANCHISES; REQUIRING
FRANCHISE FOR SOLID WASTE COLLECTIONS;
IMPOSING FRANCHISE FEE FOR SOLID WASTE
COLLECTION ACTIVITIES; AWARDING FRANCHISES
TO CERTAIN PERMITTED PRIVATE HAULERS;
PROVIDING FOR SEVERABILITY, PENALTY AND AN
EFFECTIVE DATE.
A motion to approve the ordinance was offered by Vice Mayor Rogers-Libert, and
seconded by Councilmember Cohen. A motion to amend Section 1.24 to provide for
investigation of complaints was offered by Councilmember Berger, seconded by Vice
Mayor Rogers-Libert and unanimously passed. The motion to approve passed
unanimously, 7-0.
E. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION NO. 15414.06 TRAFFIC BARRIER, AND
WORK AUTHORIZATION NO. 15414.07 SIDEWALK
IMPROVEMENT FOR PROFESSIONAL ENGINEERING
SERVICES BY AND BETWEEN THE CITY OF AVENTURA
AND KEITH AND SCHNARS, P.A.; AND PROVIDING AN
EFFECTIVE DATE.
Mr. Pete Gallo, representative of Keith & Schnars, P.A., addressed Council. A motion
was offered by Councilmember Cohen and seconded by Councilmember Holzberg to
defer action on the traffic barrier project until October 2, 1996. The motion passed
unanimously. A motion to adopt a resolution approving the sidewalk improvement
project was offered by Councilmember Cohen, seconded by Councilmember Holzberg,
unanimously passed and Resolution No. 96-36 was adopted.
F. Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED REAL
ESTATE PURCHASE AND SALE CONTRACT BY AND
BETWEEN THE CITY OF AVENTURA AND SUNBELT-
DIX, INC.; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS
OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
Steven W. Zelkowitz, Esq., 2665 S. Bayshore Drive, Miami, addressed Council and
explained the provisions of the purchase and sale contract. A motion to adopt the
resolution approving the purchase and sale contract was offered by Vice Mayor Rogers-
Libert, seconded by Councilmember Perlow, unanimously passed and Resolution No.
96-37 was adopted.
7. A. Continued.
B. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA; GRANTING TO BELLSOUTH
TELECOMMUNICATIONS, INC. A NON-EXCLUSIVE
FRANCHISE IN THE CITY OF AVENTURA; AUTHORIZING
BELLSOUTH TELECOMMUNICATIONS, INC. TO USE
THE PUBLIC RIGHTS-OF-WAY AND STREETS OF THE
CITY, FOR THE PURPOSE OF ERECTING,
CONSTRUCTING, MAINTAINING AND OPERATING
LINES OF TELEPHONE EQUIPMENT THEREON AND
THEREUNDER; PROVIDING FOR A FRANCHISE FEE;
PROVIDING THE TERMS AND CONDITIONS OF SUCH
GRANT; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE; AND PROVIDING FOR
AN EFFECTIVE DATE.
Mayor Snyder opened the public hearing. Mr. W. T. Holloway, representing BellSouth
Telecommunications, requested that Council defer action on this ordinance pending
clarification of certain provisions contained therein. There being no further speakers,
Mayor Snyder closed the public hearing. A motion to continue this public hearing until
October 2, 1996 was offered by Vice Mayor Rogers-Libert, seconded by
Councilmember Cohen and unanimously passed.
8. RESOLUTIONS: NONE
9. REPORTS: AS PRESENTED.
10. OTHER BUSINESS: At the request of Mayor Snyder, the City Attorney was
directed to research the issue of preparing legislation to provide that restaurants
located within the City disclose the price of menu item specials.
11. PUBLIC COMMENTS: Mr. George Feffer, 2851 NE 183rd Street, addressed
Council expressing his concern relative to the Iow voter turnout by Aventura
residents in the last election. After further discussion, a motion to declare this
matter an emergency and place it on the agenda was offered by Vice Mayor
Rogers-Libert, seconded by Councilmember Perlow and unanimously passed. A
motion to place a full page ad in the Miami Herald urging Aventura voters to cast
their ballots in the upcoming election was offered by Vice Mayor Rogers-Libert,
seconded by Councilmember Holzberg and unanimously passed.
Mr. Paul Libert, 2155 Helmsman Drive and Mr. Leonard Brenner, 19355 Turnberry
Way, also addressed Council.
'12. ADJOURNMENT. There being no further business to come before Council, after
motion made, seconded and unanimously passed, the meeting was adjourned.
Teresa M. Smith, CMC, City Clerk
Approved by Council on
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
MINUTES
CITY COUNCIL MEETING
CITY OF AVENTURA, FLORIDA
THURSDAY, SEPTEMBER 19, 1996 - 7 P.M.
COLUMBIA AVENTURA MEDICAL ARTS BUILDING
21110 BISCAYNE BOULEVARD SUITE
AVENTURA, FLORIDA
1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Arthur
I. Snyder at 7 p.m. Present were Councilmembers Arthur Berger, Jay R. Beskin, Ken
Cohen, Jeffrey Perlow, Vice Mayor Patricia Rogers-Libert, Mayor Arthur I. Snyder, City
Manager Eric M. Soroka, City Attorney Richard Jay Weiss and City Clerk Teresa M.
Smith. Councilmember Harry Holzberg was absent. As a quorum was determined to be
present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Harry Crook led the pledge of allegiance.
3. PUBLIC HEARINGS:
A. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ESTABLISHING AND ADOPTING THE CITY OF
AVENTURA AD VALOREM TAX OPERATING MILLAGE
LEVY RATE AT 2.2270 MILS PER THOUSAND DOLLARS
OF TAXABLE ASSESSED PROPERTY VALUE FOR THE
1996 TAX YEAR; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY AND PROVIDING FOR
AN EFFECTIVE DATE.
Mr. Soroka announced that the proposed first ever millage rate of 2.2270 mils is lower
than the millage rate presently proposed by Metropolitan Dade County at 2.277 mils for
the fiscal year 1996-97. Mayor Snyder opened the public hearing. Mr. ltv Schwartz,
Turnberry Townhomes, addressed Council. There being no further speakers, the public
hearing was closed. A motion to approve the ordinance was offered by Vice Mayor
Rogers-Libert and seconded by Councilmember Cohen. The motion passed
unanimously by roll call vote and Ordinance No. 96-17 was enacted.
B. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ADOPTING THE ATTACHED TENTATIVE OPERATING
AND CAPITAL BUDGET, AS REVIEWED AND APPROVED
BY CITY COUNCIL AT THE REVIEW MEETING HELD ON
AUGUST 13, 1996, AS THE CITY OF AVENTURA FINAL
BUDGET FOR THE 1996-97 FISCAL YEAR, PURSUANT
TO SECTION 4.05 OF THE CITY CHARTER;
AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED
BY THE BUDGET; PROVIDING FOR BUDGETARY
CONTROL; PROVIDING FOR PERSONNEL
AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS;
PROVIDING FOR AMENDMENTS; PROVIDING FOR
ENCUMBRANCES; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
Mayor Snyder opened the public hearing. There being no speakers, the public hearing
was closed. ,~ motion to approve the ordinance was offered by Vice Mayor Rogers-Libert
seconded by Councilmember Perlow, unanimously passed by roll call vote and
Ordinance No. 96-18 was enacted.
4. ADJOURNMENT. Thero being no further business to come before Council, after
motion made, seconded and unanimously passed, the meeting was adjourned.
Teresa M. Smith, CMC, City Clerk
Approved by Council on
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.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council ~--~/
Eric M. Soroka, City M/~
September 24, 1996 ~
Ordinance Amending the Beautification, Recreation and Cultural Arts
Advisory Board to Establish Two Boards
Ist Reading October 2, 1996 City Council Agenda Item ~7'
2nd Reading October 15, 1996 City Council Agenda Item
Pursuant to the City Council's direction, attached is an Ordinance amending the original
Beautification, Recreation and Cultural Arts Advisory Board to establish two boards and
eliminate references to the Beautification responsibilities provided for in Ordinance No.
96-10.
If you have any questions, please feel free to contact me.
EMS/ne
Attachment
CC0100-96
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING ORDINANCE NO. 96-10, WHICH
DID CREATE THE CITY OF AVENTURA
BEAUTIFICATION, RECREATION AND CULTURAL ARTS
ADVISORY BOARD, TO DELETE THE BEAUTIFICATION
RESPONSIBILITIES OF THE BOARD; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council desires to create two advisory bodies, to be known
as the City of Aventura Recreation and Cultural Arts Advisory Board, and the City of
Aventura Beautification Advisory Board, to provide advice and recommendations to the
City Council on matters concerning City beautification, cultural arts, special events, and
recreational activities.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:~
Section'l. Ordinance No. 96-10, which did create the Beautification,
Recreation and Cultural Arts Advisory Board, is hereby amended as follows:
Section 1. Creation, Composition and Qualifications.
A. There is hereby created and established the City of
Aventura I~, Recreation and Cultural Arts
Advisory Board (the "Board") consisting of seven (7)
members who shall be appointed by the Mayor, subject to
text has been added; struck thru text has been deleted from existing language.
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 the
appointment, and shall not be an employee of the City. Any
member who ceases to reside within the City Limits during
his or her term of office shall be deemed to have resigned as
of the date of his or her change of residence from the City.
In the event of the resignation or removal of any member of
the Board, the Mayor shall appoint a person to fill the
vacancy on such Board for the unexpired portion of the term
of the member vacating such office, subject to approval of
the City Council. In appointing members of the Board, the
following guidelines shall be considered:
1. Expressed interest and/or experience in ~3Rdsr:,affe
dee!gn ""'~ "-"~';*""* .... ~' .... *;~;~"*; ..... ;""+~ recreation
activities, culture and the arts.
2
2. Evidence of a commitment to serve and act in the
best interests of the citizens of Aventura.
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
Manager and City Council. The following matters shall be
within the advisory jurisdiction of the Board:
Stimulate greater public awareness and
appreciation of the importance of
~, .... ,m,..,,;,,., recreation and cultural arts in
the City.
Assist in the formulation of special events,
recreation activities and cultural programs.
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.
USA ..... ;
Other matters assigned by the City Council or
City Manager.
Section 2. 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
3
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 3.. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Councilmember .,
who moved its adoption on first reading. This motion was seconded by Councilmember
_, and upon being put to a vote, the vote was as follows:
Coun¢ilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. 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:
Coun¢ilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this
day of October, 1996.
4
PASSED AND ADOPTED on second reading this
day of October 1996.
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
ClTY ATTORNEY
EMSAms
5
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Eric M. Somka, City Manager
September 24, 1996
Ordinance Establishing Beautification Advisory Board
1St Reading October 2, 1996 City Council Agenda Item
2nd Reading October 15, 1996 City Council Agenda Item
Pursuant to the City Council's direction, attached is an Ordinance establishing the
Beautification Advisory Board as a separate entity from the Recreation and Cultural Arts
Advisory Board.
The Ordinance was prepared based on the same format as the original board.
If you have any questions, please feel free to contact me.
EMS/ne
Attachment
CC0100-96
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, PROVIDING FOR THE CREATION OF THE
CITY OF AVENTURA BEAUTIFICATION ADVISORY
BOARD; PROVIDING FOR CREATION; COMPOSITION
AND QUALIFICATIONS; TERM OF OFFICE; ADVISORY
CAPACITY; RULES OF PROCEDURE; JURISDICTION;
PROVIDING FOR SEVERABILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council desires to create an advisory body, to be known as
the City of Aventura Beautification Advisory Board, to provide advice and
recommendations to the City Council on matters concerning City beautification projects.
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 Beautification
Advisory 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 the appointment, and shall not be an employee of the
City. Any member who ceases to reside within the City Limits during his or
her term of office shall be deemed to have resigned as of the date of his or
her change of residence from the City. In the event of the resignation or
removal of any member of the Board, the Mayor shall appoint a person to fill
the vacancy on such Board for the unexpired portion of the term of the
member vacating such office, subject to approval of the City Council. In
appointing members of the Board, the following guidelines shall be
considered:
1. Expressed interest and/or experience in landscape design and
architecture, and beautification projects.
2. Evidence of a commitment to serve and act in the best interests of the
citizens of Aventura.
C. In the event that a member of the Board shall be absent from a duly-called
meeting of the Board for three (3) consecutive meetings or in the event that a
member has three (3) unexcused absences in a calendar year, then in that
event such member shall be subject to removal as a member of the Board by
vote of two-thirds (2~3) of the remaining members of the Board.
D. The City Manager or his designee shall serve as an ex-officio (non-voting)
member of the Board and provide necessary staff support for the Board.
Section 2. Term of Office. The initial term of office for members of the
Board shall be from the date of adoption of the Ordinance creating the Board until
2
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. The powers and duties of the Board shall be
solely of an advisory nature to the City Council and City Manager.
Section 4. Rules of Procedure. The Board shall adopt rules of procedure not
inconsistent with the Ordinances of the City and the laws of the State of Florida and
shall utilize Robert's Rules of Order recently revised 1990 Edition for the rules of
procedure for the conduct of meetings of the Board.
rules for the conduct of its internal proceedings.
A.
The Board may create additional
During the first meeting of the Board, the members shall elect one of their
number to act as Chairman and may elect a Vice-Chairman.
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, except that at least four (4) affirmative votes shall be required for
official action.
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 Manager and City Council. The following matters shall be within the advisory
jurisdiction of the Board:
· Stimulate greater public awareness and appreciation of the importance
beautification projects in the City.
· Provide recommendations on landscaping and beautification projects.
· Act as the City's tree Board for the Tree City USA requirements.
3
of
· Other matters assigned by the City Council or City Manager.
Section 6. All members of the Board shall be subject to the Standards of
Conduct for Public Officers and Employees set by Federal, State, County or other
applicable law pursuant to City Charter Section 7.03.
Section 7. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases of this Ordinance
but they shall remain in effect, it being the legislative intent that this Ordinance shall
stand notwithstanding the invalidity of any part.
Section 8. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Councilmember .,
who moved its adoption on first reading. This motion was seconded by Councilmember
, and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. 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
4
Councilmember
follows:
, and upon being put to a vote, the vote was as
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. 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 October, 1996.
· day of October, 1996.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
5
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council \( ." .~
Eric M. Soroka, City~
September 24, 1996 ~
Ordinance Providing for the Establishment of Engineering and
Public Works Inspection Permit and Review Fee Schedule
Ist Reading:
October 2, 1996 Council Meeting Agenda Item
2nd Reading: October 15, 1996 Council Meeting Agenda Item
Recommendation
It is recommended that the City Council adopt the attached Ordinance which provides
for the establishment by Resolution of engineering and public works inspection permit
and review fees to be charged by the City.
Background
We are in the process of establishing the various engineering and public works
inspection permit and review fee schedules to be charged by the Community Services
Department. In order to adopt the fee schedules by Resolution, the attached Ordinance
was prepared for Council consideration.
The actual fee schedule Resolution appears on this agenda.
If you have any questions, please feel free to contact me.
EMS/tms
attachment
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
PROVIDING A FEE SCHEDULE FOR ENGINEERING AND
PUBLIC WORKS INSPECTION PERMIT AND REVIEW;
REPLACING METROPOLITAN DADE COUNTY FEE
SCHEDULE; PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
WHEREAS, the City is authorized by state law to provide for fees for the
consideration and processing of applications for engineering and public works inspection
permit and review services provided by the City; and
WHEREAS, pursuant to Sec. 8.04 of the City Charter, the fee schedules provided
by Metropolitan Dade County have previously been utilized by the City for the purpose of
determining the applicable fees for engineering and public works inspection permit and
review services; and
WHEREAS, the City Council finds that it is necessary to implement a mechanism
to enable the City to establish and adjust, from time to time, the applicable fees; and
WHEREAS, the City Council finds that this Ordinance shall accomplish such
purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. The City is hereby authorized to impose fees for the issuance of
engineering and public works inspection permit and review and related services of the
Community Services Department. Such fees shall be set and may be amended from time
to time by Resolution of the City Council following a public hearing.
Section 2. Replacing Metropolitan Dade County Fee Schedule The application
Ord. No. 96-
Page 2
fees provided by this Ordinance shall replace the application fees previously provided by
administrative order of Metropolitan Dade County for engineering and public works
inspection permit and review services, as made applicable by City Charter Section 8.04.
Section 3. 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 4. Inclusion in the Code. It is the intention of the City Council, and it is
hereby ordained that the provisions of this Ordinance shall become and made a part of
the Code of Aventura, Florida; that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "Ordinance" shall be changed
to "Section" or other appropriate word.
Section 5. Effective Date. This Ordinance shall be effective 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 R. Beskin
Councilmember Ken Cohen
Ord. No. 96-
Page 3
Councilmember Harry Holzberg
Councilmember Jeffrey M. 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 R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this day of October, 1996.
PASSED AND ADOPTED on second reading this __day of October, 1996.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC, CITY CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
3
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council t~a~
Eric M. Soroka, Ci
September 24, 1996
Resolution Adopting Building Inspection Fee Schedule
October 2, 1996 City Council Agenda Item ~-~)
Recommendation
It is recommended that the City Council adopt the attached Fee Schedule relating to
Building Inspection Services.
Backqround
If all goes as planned, the City's Community Development Department will be
performing building inspection services and permitting effective November 1, 1996.
The attached fee schedule was developed based on input from the Community
Development Director and C.A.P. Engineering as well as a comparison with the existing
Dade County fee structure.
If you have any questions, please feel free to contact me.
EMS/ne
Attachment
CC0101-96
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, PROVIDING FOR AND ADOPTING
BUILDING INSPECTION FEE SCHEDULE; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. , the City Council is authorized to
provide a fee schedule for building inspection and regulation services provided by the City;
and
WHEREAS, after public hearing, the City Council has determined to establish
appropriate fees for building inspection services, as set forth herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section '1. The building inspection fee schedule, attached hereto as Exhibit "A"
and incorporated herein, is hereby established as the fee schedule for building inspection
services provided by the City of Aventura Community Development Department.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by Councilmember , who moved its
adoption. The motion was seconded by Councilmember , and upon being put to a
vote, the vote was as follows:
Resolution No.
Page 2
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Coun¢ilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this day of October, 1996.
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
City of Aventura, Florida
Building Permit Fee Schedule
Community Development Department
Effective November 1, 1996
BUILDING PERMITS FEE SCHEDULE
GENERAL INFORMATION ON SPECIAL FEES, REFUNDS, EXTENSIONS AND
CANCELLATIONS
1. DOUBLE FEES
When work for which a permit is required is commenced prior to the obtaining of a
permit, the permit applicant shall be required to pay one hundred dollars ($100.00) plus a
double permit fee. In no event shall the applicant pay less than one hundred and seventy
dollars ($170.00). The payment of the required fee shall not relieve any person, firm of
corporation from fully complying with all of the requirements of all applicable
regulations and codes, nor shall it relieve them from being subject to any of the penalties
therein. The double fee requirements shall be applicable to all divisions of the
Community Development Department.
For second offense of doing work without a permit, the permit applicant shall be required
to pay twice the double permit fee plus two hundred dollars ($200.00). For each offense
thereafter, the permit applicant shall be required to pay twice the double permit fee plus
five hundred dollars ($500.00).
2. REINSPECTION FEES
When extra inspection trips are necessary due to (1) wrong address being given on call
for inspection, (2) prior rejection of work due to faulty construction, (3) work not being
ready for inspection at time specified, (4) failure to call for final or other inspections, (5)
required corrections not being made or completed at time specified, a fee of fifty dollars
($50.00) for each reinspection shall be charged to the permit holder in the trade
concerned. If it is determined by the field inspector concerned, that the job has the same
problem after the reinspection fee is assessed and paid, then a second reinspection fee of
one hundred dollars ($100.00) shall be charged. The payment of reinspection fees shall
be required prior to requesting final inspections.
The reinspection fee for inspection of existing buildings by all trades to determine
compliance with the South Florida Building Code, but not annual inspections as required
by 305.1 (d) shall be fifty-five dollars ($55.00) per inspection.
3. LOST AND REVISED PLANS FEE
a. LOST PLANS
When plans for new buildings and additions are lost by the owner or contractor, a
recertification fee will be required to review, stamp and approve a new set of
plans as a field copy. Such fee shall be based on thirty percent (30%) of the
original building permit fee, with a minimum fee for Group I (single family
residence) or fifty dollars ($50.00), and a minimum fee for all others of ninety
dollars ($90.00).
REVISED PLANS PROCESSING FEE
1)
Major plan revision after permit is issued shall be subject to a fee of fifty
percent (50%) of the original permit fee up to a maximum of one thousand
dollars ($1,000.00).
2)
Each time plans are revised for any reason during the processing period
they shall be subject to a fee increase of fifty percent (50%) of the original
permit fee up to a maximum of one thousand dollars ($1,000.00).
Minor plan revision shall be subject to a fee at the rate of one dollar
($1.00) per minute of time for each review that takes longer than five (5)
minutes.
c. LOST BUILDING PERMIT FEE
A replacement fee of twenty-five dollars ($25.00) shall be charged for the loss of
a Building Permit document after a permit has been issued.
REFUNDS, TIME LIMITATION, CANCELLATIONS
The fees charged pursuant to this schedule, provided the same are for a permit required by
Section 301.1 of the South Florida Building Code, may be refunded by the Director of the
Community Development Department, subject to the following:
a. No refunds shall be made on requests involving:
1) permit fees of one hundred dollars ($100.00) or less; or
2) permits revoked by the Building Official or Director of Community
Development under authority granted by the South Florida Building Code,
or permits canceled by court order; or conditional permits; or
3) permits which have expired; or
4) permits under which work has commenced as evidenced by any recorded
inspection having been made by the Department; or
City of Aventura
Building Permit Fee Schedule
2
5) the original permit holder when there is a change of contractor.
A full refund less one hundred dollars ($100.00) or fifty percent (50%) of the
permit fee, whichever is greater, rounded to the nearest dollar, shall be granted to
a permit holder who requests a refund provided that:
1)
the Department receives a written request from the permit holder prior to
the permit expiration date; and
2)
the permit holder submits with the written request the applicant's validated
copy of said permit; and
3)
no work has commenced under such permit as evidenced by any recorded
inspection.
Where there is a change of contractor or qualifier involving a permit, the second
permit holder shall pay a fee of seventy-five dollars ($75.00) to cover the cost of
transferring the data from the original permit to the second permit, except when
the original permit has expired or the original permit fee is under seventy-five
dollars ($75.00), in which case the original permit feel shall be paid.
A fee of fifty-five dollars ($55.00) shall be paid by the permit holder who submits
a written request for a permit extension as authorized under Section 304.3(b) of
the South Florida Building Code.
Where a permit has become null and void pursuant to paragraph 304.3(a) of the
South Florida Building Code, a credit of fifty percent (50%) of the original permit
fee shall be applied to any reapplication fee for a permit covering the same project
and involving the same plans, provided that the complete reapplication is made
within six (6) months of the expiration date of the original permit, and provided
that no refund had been made as provided in this section. If reapplication is made
after six (6) months of the expiration date or if this is not the first reapplication
made on the project, the full permit fee shall be charged on the renewal
application. The permit reapplication must be submitted with the plans and the
applicant's validated copy of the original permit. The amount of this fee shall be
at least equal to or higher than the minimum fee for the trade concerned.
City of Aventura
Building Permit Fee Schedule
3
SPECIAL PROJECTS
A fee equal to actual staff time and related costs shall be assessed for special
projects requiring research by the department in order to answer questions
proposed by developers, attorneys, realtors in connection with the use, re-
subdivision, and development of properties, or to determine if any existing
violations are on the property through a review of departmental records. Such
special fee only will be levied for requests outside the scope of normal
Department work. A minimum fee of sixty dollars ($60.00) shall be charged. A
fee equal to two dollars ($2.00) per page shall be assessed for pre-programmed
computer reports on department records. The minimum fee shall be fifty dollars
($50.00).
6. GENERAL INFORMATION
a. A $0.01 per square foot fee will be added to building permits for the State of
Florida to study building code requirements for radon gas.
b. For concurrency review, a fee of six percent (6%) of the total permit fee,
Certificate of Use and Occupancy or Zoning application fee, will be added to
original fees where a concurrency review was performed.
c. Impact fees axe assessed on certain building permits, including reapplication on
expired permits.
BUILDING PERMIT FEES
Fees listed in section B include only building permit fees and do not include plumbing, electrical
or mechanical fees, certificate of occupancy fees, or contractor/tradesmen fees which are listed in
the following sections:
1. "UP-FRONT" PROCESSING FEE
When the building permit application is received, the applicant shall pay an "up-front"
Processing fee of five hundred dollars ($500.00) for residential development and one
thousand dollars ($1,000.00) for commercial development. This processing fee is not
refundable, but shall be credited toward the final building permit fee.
City of Aventura
Building Permit Fee Schedule
4
2. MINIMUM FEES FOR BUILDING PERMIT
The minimum fee for all building permits is applicable to
all items in the section - except as otherwise specified
$100.00
(This minimum does not apply to add on building permits issued as
supplementary to current outstanding permits for the same job.)
NEW BUILDINGS OR ADDITIONS
For each 100 square feet or fractional part of floor area:
New Construction Single Family and Duplex above 1000 0.30
sq. ft. - Group I per sq. ft.
Prefabricated utility sheds with slab (max 100 sq. ft. of 100.00
floor area).
Single Family and Duplex (Group I) - Attached &
Detached Structures
0 to 100 sq. ft. in floor area 50.00
101 to 300 sq. ft. in floor area 85.00
301 to 500 sq. ft. in floor area 125.00
501 to 1000 sq. ft. in floor area 225.00
Above 1000 sq. ft. per sq. ft. 0.30
Alterations or repairs to Single Family Residence or 0.05
Duplex (Group 1) per $1.00 of estimated cost or fractional
part
Minimum Fee 125.00
Repairs due to fire damage per $1.00 of estimated cost or 0.06
fractional part (copy construction contract required)
Storage & Industrial Use of Group E & F occupancies 100 225.00
sq. ft. or fractional part of floor area
Shade Houses per 100 sq. ft. or fractional part of floor area 9.25
Greenhouses & buildings for agricultural uses 0.35
(nonresidential) when located on the premises so used per
100 sq. ft. or fractional part of floor area
City of Aventura
Building Permit Fee Schedule
5
Mobile Home additions - each 100 sq. fl. or fractional part 5.75
of floor area
All others per 100 sq. ft. or fractional part of floor area 6.95
For structures of unusual size or nature such as arenas, 10.40
stadiums ands water and sewer plants, the fee shall be
based on ½ of 1% of the estimated construction cost
NEW CONSTRUCTION OTHER THAN AS SPECIFIED HEREIN:
(WATER TOWERS, PYLONS, BULK STORAGE-TANK FOUNDATIONS,
UNUSUAL LIMITED-USE BUILDINGS, MARQUEES, AND SIMILAR
CONSTRUCTION)
For each $1,000 of estimated cost or fractional part $8.50
Subsoil preparation for each $1,000 of estimated costs 5.25
(does not include C.O. to occupy property
ALTERATIONS AND REPAIRS TO BUILDINGS AND OTHER
STRUCTURES (EXCEPT GROUP I)
For each $100.00 of estimated cost or fractional paget
Minimum Fee
1.25
200.00
6. MOVING BUILDINGS OR OTHER STRUCTURES
For each 100 square feet or fractional pant thereof (does not
include cost of new foundation or repairs to building or
structure)
7. SLABS
9.00
Slabs 70.00
City of Aventura
Building Permit Fee Schedule
6
ROOFING (Including re-roofing)
Group I and H Occupancy
Roofing shingle and other roof types not listed per sq. ft. of 0.07
roof coverage including overhangs
Roofing Tile 0.09
Minimum fee per roofing category 60.00
All other occupancies 0.07
Roofing shingle and other roof types not listed
Per sq. ft. up 30,000 sq. ft.
Each sq. ft. thereafter 0.04
Roofing Tile 0.09
Per sq. ft. up to 30,000
Each sq. ft. thereafter 0.05
FENCES AND/OR WALLS
Chainlink
0 -500 linear ft. 60.00
501 - 1000 linear ft. 80.00
each additional linear ft. over 1000 0.05
Wood each linear ft. 0.65
Concrete each linear ft. 1.15
10.
SWIMMING POOLS, SPAS, AND HOT TUBS
IFor each 1,000 gallon capacity or fractional part
Minimum fee
4.75
50.00
City of Aventura
Building Permit Fee Schedule
7
11. TEMPORARY PLATFORMS AND TEMPORARY BLEACHERS TO BE
USED FOR PUBLIC ASSEMBLY
For each 100 square feet or fractional part of platform area
For each 100 lineal feet or fractional part of seats
5.25
4.50
12.
DEMOLITION OF BUILDINGS
For each 100 square feet or fractional part of floor area
5.25
13.
14.
DEMOLITION OF SIGNS, FENCES AND/OR WALL STRUCTURES
OTHER THAN ABOVE
I Fee 35.00
SHOP DRAWING REVIEW
a. TRUSSES
First 600 square feet or fractional part 12.75
Each additional 100 square feet or fractional part
.65
b. PRECAST/PRESTRESS
(Roof-Floor-Walls) each 1,000 square feet or
fractional part
OVERHEAD DOORS
6.50
lEach overhead door
d. SKYLIGHTS
6.50
Each skylights 6.50
City of Aventura
Building Permit Fee Schedule
8
e. HAND RAILS/STAIR RAILS
For the first 500 linear feet or fractional part
For each additional 100 linear feet or part
I
11.55 [
1.20
STORE FRONT/FIXED GLAZING
(Under 8 feet high x 4 feet wide) each 100 square
feet or part
7.25
WALK-IN COOLERS
Each walk-in cooler
60.00
15. INSTALLATION OR REPLACEMENT OF WINDOWS OR DOORS
Replacement of windows and exterior doors in all buildings or installation of
windows or doors in building exceeding two stories in height; or storefronts and
fixed glass exceeding eight feet (8') in height or four feet (4') in vertical mullion
spacing; or Curtain walls including windows and doors therein;
For each 100 square feet or fractional part
6.30
16.
SCREEN ENCLOSURES, CANOPIES AND AWNINGS
a. SCREEN ENCLOSURES
lEach 100 square feet or fraction
b. FREE STANDING CANOPIES
For each $1,000.00 of estimated cost or fractional
part
8.75
8.00
City of Aventura
Building Permit Fee Schedule
9
17.
AWNINGS AND CANOPIES
Horizontal projection per square feet area covered
TRAILER TIE DOWN
0.08
Tie down inspection fee: including tie down, plug in of
plumbing and electrical service connections per trailer
100.00
This does not include installation of meter mounts and service equipment.
Separate mechanical plumbing and related electrical permits are required.
18. AGRICULTURAL "U-PICK" PERMITS
Each permit per field
105.00
19.
SIGN PERMIT FEES
a. Minimum sign fee 100.00
b. Signs-non illuminated (per square feet) (illuminated 1.25
signs under electrical permits)
c. Annual renewal of Class C signs on or before 30.00
October 1st of each year (per sign)
20.
SATELLITE DISHES
All trades each
150.00]
Co
PLUMBING PERMIT FEES
I. MINIMUM PLUMBING OR GAS FEE PER PERMIT
I Except as otherwise specified
60.00[
(This minimum does not apply to add on plumbing permits issued as
supplementary to current outstanding permits for the same .job.)
City of Aventura
Building Permit Fee Schedule
10
ROUGHING-IN OR PLUGGED OUTLETS FOR:
Bathtubs, closets, doctors, dentists, and hospital sterilizers, autoclaves, autopsy
tables and other fixtures, appurtenances or other appliances having water supply
or waste outlet, or both, drinking fountains, fixtures discharging into traps or safe
waste pipes, floor drains, laundry tubs, lavatories, showers, sinks, slop sinks,
urinals, water heaters
For each roughing-in or plugged outlet 6.00
Fixtures set on new roughing-in or plugged outlets or 6.00
replaced on old roughing in: each fixture
Pool heaters installed or replaced 15.75
SEPTIC TANKS, SETTLING TANKS, GAS AND OIL INTERCEPTORS,
GREASE TRAPS:
(Including tank abandonment, draintile and relay for same)
31.50
SEWER
Each building storm sewer and each building sewer where 7.90
connection is made to a septic tank, to a collector line or to
an existing sewer or to a city sewer or soakage pit or to a
building drain outside a building
Sewer Capping 30.00
5. CONDENSATE DRAIN (AIR CONDITIONING):
Per outlet 3.15
Except single not manifolded A/C outlet not exceeding 5 N/C
HP
City of Aventura
Building Permit Fee Schedule
11
6. WATER PIPING:
Water service connection to a municipal or private water 8.00
supply system (for each meter on each lot)
Water connection or outlets for appliance or installations 6.00
not covered by fixture set above
Irrigation system, and underground sprinkler system for 16.80
each zone
Solar water-heater installation, equipment replacement or 90.00
repair
Swimming pool piping, not including well (new 31.50
installation of replacement including service connection)
Sump pump 8.00
2" or less water service backflow assembles 35.00
2 Y2" or larger water service backflow assembles 55.00
Repairs to water piping: for each $1,000 estimated cost or 5.75
fractional part
7. WELLS
All wells I 100'00 I
8. NATURAL GAS OR A LIQUEFIED PETROLEUM:
For each outlet (includes meters and regulators 6.00
For each appliance (does not include warm air heating 6.00
units, but does include unvented space heaters and vented
wall heaters-No duct work) (See Fee section E (3) for
heating)
For each meter (new or replacement) 4.00
For major repairs to gas pipe where no fixture or appliance 35.00
City of Aventura
Building Permit Fee Schedule
12
installation in involved
Underground L.P. Gas Tanks 60.00
Above ground L.P. Gas Tanks 60.00
Change of company - (no additional appliances or outlets) 5.50
9. WATER TREATMENT PLANTS, PUMPING STATIONS, SEWAGE
TREATMENT PLANT AND LIFT STATIONS:
Water treatment plant (interior plant piping) 210.00
Sewage treatment plan (interior plant piping) 150.00
Lift Station (interior station piping) 240.00
Sewage ejector 70.00
10. WATER AND GAS MAINS:
(On private property and other than public utility easements)
Each 50 feet or part thereof I 7.00
11. STORM AND SANITARY UTILITY AND/OR COLLECTOR LINES
BUILDING DRAIN LINES:
I Each 50 feet orpart thereof [TOO
Each manhole or catch basin 10.00
12. TEMPORARY TOILETS - WATERBORNE OR CHEMICAL
First temporary toilet 45.00 I
I
For each additional 8.25
Renewal of temporary toilet same charge as original permit.
City of Aventura
Building Permit Fee Schedule
13
13. DENTAL VACUUM LINES
14.
Each system
60.00
TRAILER OR MANUFACTURES HOMES CONNECTIONS
Each unit 60.00
ELECTRICAL PERMIT FEES
1. MINIMUM ELECTRICAL PERMIT FEE INCLUDING REPAIR WORK
PER PERMIT
Except as otherwise specified 60.00
(This minimum does not apply to add-on electrical permits issued as
supplementary to current outstanding permits for the same job and demolition
work.)
PERMANENT SERVICE TO BUILDINGS - NEW WORK ONLY
(The following fee shall be charged for total amperage of service.)
For each 100 amp. or fractional part
4.50
FEEDERS:
(Includes feeders to panels, M.C.C.; switch-boards, generators; automatic transfer
switches, elevators, etc.)
I
Each feeder 12.00I
4. AGRICULTURAL SERVICE (Permanent)
Per amp 50.00
City of Aventura
Building Permit Fee Schedule
14
TEMPORARY SERVICE FOR CONSTRUCTION
Per service 50.00
TRAILER SERVICE (Construction)
Per service 120.00
TRAILER SERVICE (Residential)
Per service 60.00
8. TEMPORARY SERVICE FOR TEST (Commercial Only)
a. Equipment and service (30 day limit) per meter 90.00
b. Elevator (180 day limit) per elevator 90.00
RESIDENTIAL WIRING
(New construction of Group I and living units of Group H.) Applies to all
electrical installations except common areas, parking lot area and/or buildings and
house service of Group H.
For each 100 square feet or fractional part of floor area
7.00 I
Common areas of Group H includes: corridors, public lounges, elevators, pumps,
A/C (public area), lights, outlets, house and emergency service, etc. These areas
shall be subject to the fees below:
City of Aventura
Building Permit Fee Schedule
15
10.
ALL OTHER WIRING AND OUTLETS:
a. Includes boxes, receptacles, switches, sign, 1.60
fractional motor, fans, low voltage outlets,
empty outlets for telephone, CTV, each
outlet, 110 volt smoke detectors each outlet
box
b. Special outlet 7.00
c. Commercial equipment (KVA rated) X-ray 7.00
outlets, commercial cooking equipment,
presses, generators, transformers,
permanently connected. For each 10 KW
or fractional part
e. Motors (Fractional already covered on general outlets)
1) From 1 HP to 5HP for each motor 5.25
2) Over 5 HP to 100 HP for each motor 7.35
3) Over 100 HP for each motor 15.75
f.
Air conditioning and refrigeration system (new work). Applies to
commercial and residential, agricultural and industrial. Covers related
work, except wall or window units which are covered under special
outlets.
1) Per ton or fraction part thereof 6.00
2) Air conditioning and refrigeration system 2.00
strip heating, space heating. For each 10
KW of fractional part
3) Replacement or relocation of existing A/C
and refrigeration units (same size)
Per ton 1.05
Per KW .55
City of Aventura
Building Permit Fee Schedule
16
g. Electrical equipment - replacement (existing facilities) Fee based on
cumulative cost of the following components:
1) Switchboards, M.C.C., panels, control 20.00
boards. For each board
2) Motor replacement for same size.
From 1HP to 5HP for each motor 2.65
From 5 HP to 100 HP for each motor 3.65
Over 100 HP for each motor 8.40
11.
LIGHTING FIXTURES
Fee based on cumulative cost of the following components:
Includes floodlights, spotlights, parking lights, tennis court lights, fluorescent and
incandescent fixtures, etc.
a. Per fixture 1.60
b. Plugmold, light track, neon strips. Each 5 feet or 3.10
fractional part
c. Per lighting pole (standards) (Fixture to be charged 10.00
separately)
12. SIGNS & ARCHITECTURAL FEATURE (Indoor Neons)
Per outlet 10.50
Per square feet of sign 1.25
Repairs, and reconnection each 75.00
Neon strips each 5 feet or fractional part 2.50
City of Aventura
Building Permit Fee Schedule
17
13. TEMPORARY WORK ON CIRCUSES, CARNIVALS, FAIRS,
CHRISTMAS TREE LOTS, FIREWORKS, TENTS, ETC.
Fee based on cumulative cost of the following components:
Lighting Fixtures 1.35
Equipment ground each 5.25
Electrical service (if temp pole required) 78.75
Generator for each 10KW or fractional part 5.25
14.
FIRE DETECTION SYSTEM
(Needs category 04 processing)
Includes fire alarm systems, Halon, etc. Does not include single 110 volt
residential detectors.
Per system 125.00
15.
MASTER TELEVISION ANTENNA AND RADIO SYSTEM
Does not include CATV and telephone empty conduit system. Does include free
wiring of same.
Master control 20.00
Each device 1.20
16. BURGLAR ALARM SYSTEM
Residential prewiring only 45.00
Installation Devices 45.00
Complete System 90.00
City of Aventura
Building Permit Fee Schedule
18
17.
INTERCOM SYSTEM
Includes residential (3 units or more), nurse call, paging, etc.:
Each system 60.00
18. ENERGY MANAGEMENT SYSTEM
Per floor 105.00
Repair per floor 60.00
SWIMMING POOLS, ELECTRICAL
Fee based on cumulative cost of the following components:
a. Residential pool or spa (Group I) (Includes motor 60.00
and pool lights
b. Residential Combination pool/spa (includes motor 90.00
and pool lights)
c Commercial and multi-family dwelling pool or spa 140.00
d Commercial, multi-family dwelling combination 190.00
pool/spa
19.
20.
FREE STANDING SERVICE - New meter and service (Requires processing)
Fee based on cumulative cost of the following components:
Includes lift stations, sprinkler systems, street lighting, 90.00
parking lots, etc. that require new service with separate
mete
City of Aventura
Building Permit Fee Schedule
19
Ee
MECHANICAL PERMIT FEES
1. MINIMUM MECHANICAL PERMIT FEE
Except as otherwise specified
60.00
(This minimum does not apply to add on mechanical permits issued as
supplementary to current outstanding permits for the same job.)
AIR CONDITIONING AND REFRIGERATION, INCLUDING THE
RELOCATION OF EQUIPMENT
Separate permits are required for electrical, water and gas connections.
For each ton capacity or fractional part thereof 15.00
Minimum Fee 60.00
FURNACES AND HEATING EQUIPMENT, INCLUDING
COMMERCIAL DRYERS, OVENS AND OTHER FIRED OBJECTS NOT
ELSEWHERE CLASSIFIED (Includes all component parts of the system
except fuel and electrical lines).
For each 15,000 BTU (4.39 KW) per hour or fractional part 8.40
4. FIRE SPRINKLER SYSTEM
Per standpipe 2.00
Per sprinkler head 1.00
Per hose rack or hose bib 10.00
Per connection to community supply 35.00
Each 50 feet of underground piping or part thereof 20.00
Minimum Fee 70.00
City of Aventura
Building Permit Fee Schedule
20
STORAGE TANKS FOR FLAMMABLE LIQUIDS
IPer tank [ 150.00[
INTERNAL COMBUSTION ENGINES
Stationary 75.00
COMMERCIAL KITCHEN HOODS
Each
125.00
Fo
8. OTHER FEES
a. Fire chemical halon and spray booths
For each system 105.00
Insulation, Pneumatic Tube, Conveyor Systems, Pressure and Process
Piping, Sheet al or Fiberglass Air Conditioning Duct, Cooling Towers,
Mechanical Ventilation Ductwork or Ductless Ventilation
For each $1,000.00 or fractional part of estimated
cost
10.50
ELEVATORS, ESCALATORS AND OTHER LIFTING APPARATUS
Fee for original installation or major alterations and remodeling (includes initial
inspection and certificate).
1. PASSENGER AND FREIGHT ELEVATORS
Per elevator
Escalators, and residential elevators
300.00
180.00
City of Aventura
Building Permit Fee Schedule
21
Dumbwaiters, manlifts, wheel chair lifts 60.00
Conveyors and all other lifting and transporting apparatus 60.00
(except as otherwise provided each drive
Material hoists for construction None
Elevator for construction use only, 30 day limit 75.00
Key box for each Fire Division 50.00
FEES FOR PERIODIC REINSPECTION
Passenger elevator (Annual inspection per code) 105.00
Freight elevators, escalators (Annual inspection per code) 52.00
Dumbwaiters, wheelchair lifts and all other lifting and 37.00
transporting apparatus (Annual inspection per code)
AMUSEMENT RIDES AND DEVICES
For each portable or temporary unit (maximum of 30 days) 63.00
For each permanent unit installed or altered 315.00
Annual inspection for each ride or device at any one 31.00
location (permanent installation only)
BOILERS AND PRESSURE VESSELS
Installation permit fees: Including initial inspections and certificate. Does not include
installation or connection of fuel and water lines.
1. BOILERS:
The following fees apply to each boiler to be installed.
Boilers less than 837 MBTU each 75.00
City of Aventura
Building Permit Fee Schedule
22
Boilers 837 MBTU to 6,695 MBTU each 90.00
Boilers 6,695 MBTU and up each 125.00
Steam driven prime movers, each 60.00
Steam actuated machinery, each 60.00
Unfired pressure vessels (operating at pressures in excess 75.00
of 60 psi and having volume of more than 5 cubic feet)
each pressure vessel
FEES FOR PERIODIC REINSPECTION:
Steam Boilers (annual) Each 125.00
Hot water boilers (annual) Each 52.00
Unfired pressure vessels (annual) Each 46.00
Miniature boilers (annual) Each 46.00
Certificate of inspection (where inspected by insurance 75.00
company) Each
Shop inspection of boiler or pressure vessels per completed 75.00
vessel
(Minimum of $165.00 per half day, full day, regardless of 335.00
number of vessels inspected)
CERTIFICATE OF USE AND OCCUPANCY AND CERTIFICATE OF
COMPLETION
The following original fees shall be paid for all uses. The indicated renewal fee applies to
those uses which are required to be renewed annually by Code or by Resolution. All non-
renewable uses are issued permanent use and occupancy certificates which shall remain
valid for an unlimited time, unless revoked for cause or abandoned and providing there is
no change of use, ownership, or name, or that there is no enlargement, alteration or
addition in the use or structure.
City of Aventura
Building Permit Fee Schedule
23
1. RESIDENTIAL(C.O.)
Original Fee Annual
Renewal Fee
Duplexes, per structure 35.00 None
Bungalow courts 45.00 None
Apartments, hotels, motor hotels and all 55.00 None
multiple family uses-per building 4-50 Units
51-100 Units 65.00 None
101-200 Units 75.00 None
201 or more units 85.00 None
Private school, day nursery, convalescent and 90.00 50.00
nursing home, hospital, ACFL and
Developmentally Disabled home care
BUSINESS, WHOLESALE AND RETAIL
All uses, except the following:
Original Fee Annual
Renewal Fee
Per square feel of business area .03
Minimum 90.00 55.00
Automobile, trailer, boat, truck, etc., rental or .03
sales from open lot or combination open lot
and building per square feet of business area
Minimum 90.00 160.00
Changer of owner or restaurant 90.00 55.00
liquor/beer/wine in conjunction with
restaurants, grocery stores, etc.
City of Aventura
Building Permit Fee Schedule
24
INDUSTRIAL
All uses, except the following:
Original Fee Annual
Renewal Fee
Per square feel of business area .03
Minimum 90.00 55.00
Automobile used parts yard, commercial
incinerators, junkyards, slaughterhouses, bulk
storage or petroleum products, and utility
plants.
Per square feet of business area .02
Minimum 420.00 160.00
UNUSUAL USES, SPECIAL PERMITS, BUSINESS AND INDUSTRIAL
USE VARIANCES, AS FOLLOWS:
Original Fee Annual
Renewal Fee
All unusual uses, except the following 210.00 160.00
Churches None None
Airport, commercial dump permits, 420.00 160.00
racetracks, stadiums
Cabaret, nightclub, liquor or package store 265.00 265.00
Rock quarries, lake excavations and/or filling 315.00 160.00
thereof
Circus or Carnival (per week) 185.00 185.00
Open lot uses 125.00 105.00
Land clearing, sub soil preparation 110.00 125.00
City of Aventura
Building Permit Fee Schedule
25
5. AGRICULTURAL
Original Fee Annual
Renewal Fee
All uses, except as otherwise listed herein 125.00 125.00
TRAILER USE CERTIFICATES
Covers administrative and initial field inspection cost for all types of construction
site trailers. Fee also covers cost of site plan review.
Original Fee Annual
Renewal Fee
a. Trailers approved for 180.00 180.00
temporary occupancy
during construction of
a residence (section
33-168 Metro Code)
b. Trailers approved for 350.00 350.00
commercial purposes
or development
projects, including
watchman's quarters
and temporary sales
trailers
c. Construction Field 125.00 125.00
Offices
d. Cash escrow 100.00
processing fee
e. Trailer Tag deposit 25.00
f. Cash Escrow 50.00
processing (Balloons)
g. Cash Escrow 200.00
City of Aventura
Building Permit Fee Schedule
26
processing (Demo) ]
h. Demolition C.O. 300.00
MAXIMUM FEE
Original Fee Annual
Renewal Fee
The maximum Community Development 600.00 None
Department fee for a Certificate of Use and
Occupancy shall be
o
10.
Provided no violation exists at time of C.O.
CHANGE OF USE OR NAME
When there is a change of use or name, the fee shall be the original fee listed for
the use proposed.
REFUNDS
No refunds shall be made of fees paid for use and occupancy permits. In case of
error, adjustment may be made by the Director of the Community Development
Department.
OCCUPANCY WITHOUT C.O.
Original Fee Annual
Renewal Fee
(In violation) 150.00 plus a
double C.O.
fee
11.
FAILURE TO RENEW C.O.
C.O.s not renewed on or before the renewal date will be assessed a $150.00
violation fee plus a double C.O. fee.
City of Aventura
Building Permit Fee Schedule
27
12.
CERTIFICATE OF COMPLETION (C.C.)
Original Fee Annual
Renewal Fee
Single family residence, Townhouse Unit, 25.00 None
and commercial shell
TEMPORARY C.O. "UP FRONT" FEE
13.
14.
15.
16.
When the temporary C.O. (TCO) application is received, the applicant shall pay
an "up-front" processing fee equal to twenty-five dollars ($25.00). This
processing fee is not refundable. This fee shall be deducted from the total cost of
the TCO.
C.O. AND TCO INSPECTION FEE
When an inspection is necessary prior to the issuance of a C.O. or TCO, an
inspection fee of thirty dollars ($30.00) is charged for each inspector who is
required to make a field inspection. Temporary C.O.s will be charged at a fee
equal to the final C.O. cost in addition to the inspection fee. This fee will be
needed, up to ninety (90) days.
C.O. REINSPECTION FEE
When extra inspection trips are necessary due to 1) wrong address being given on
call for inspection 2) required corrections not being made or completed at time
specified 3) failure to provide access to the property or use, a fee of fifty dollars
($50.00) for each inspector who must return shall be charged. Any reinspection
after the initial minspection shall require payment of a one hundred dollars
($100.00) fee.
LETTER OF OMISSIONS FEE
A fee of twenty-five dollars ($25.00) will be charged for each trade in which an
item has been omitted prior to final inspection approval. A minimum fee of
twenty-five dollars ($25.00) shall be charged.
City of Aventura
Building Permit Fee Schedule
28
I. PREMISE PERMIT FEE
In accordance with provisions of the South Florida Building Code and Chapter 10 of the
Code of Metropolitan Dade County, each firm or organization in Dade County which
performs its own maintenance work with certified maintenance personnel as well as
helpers thereunder may pay to City of Aventura an annual Master and subsidiary premise
permit fee in lieu of other fees for maintenance work. Such fee shall be paid to the
Community Development Department and such permit shall be renewed annually at a fee
which is calculated in accordance with the provisions of this subsection.
1. CALCULATION OF THE INITIAL MASTER PREMISE PERMIT FEE:
Each firm or organization which obtains an annual Master premise permit shall
include in their application for such permit the total number of maintenance
personnel, including helpers and trainees thereunder assigned to building,
electrical, plumbing or mechanical work. The Master Premise Permit fee shall be
computed by multiplying the total number of such employees times fifty dollars
($50.00). The minimum Master premise permit fee shall be nine hundred and
forty-five dollars ($945.00).
o
CALCULATION OF THE INITIAL SUBSIDIARY PREMISE PERMIT
FEE:
Each firm or organization which utilizes decentralized locations in addition to the
main location described under point 1 above, may additionally apply for a
Subsidiary Premise Permit for each such decentralized location. Such application
for a Subsidiary Premise Permit shall include the same information required in
point 1 above. The Subsidiary Premise Permit Fee shall be computed by
multiplying the total number of such employees times fifty dollars ($50.00). The
minimum Subsidiary Premise Permit fee shall be two hundred and sixty-five
dollars ($265.00).
3. RENEWAL OF PREMISE PERMIT:
Prior to each premise permit expiration, the holder will be sent a renewal notice to
continue the premise permit for the next renewal period. The calculation of the
renewal premise permit fee shall be the same as the method used to calculate the
original premise permit fee. No allowances shall be made for late renewal fees or
part year renewal fees.
City of Aventura
Building Permit Fee Schedule
29
J. 40-YEAR RECERTIFICATION FEES
For every application for 40-year recertification under Section 104.9 of the South Florida
Building Code there shall be paid to the Community Development Department, for the
processing of each application, a fee of two hundred and fifty dollars ($250.00). For
every application for subsequent recertification at 10 year intervals thereafter, there shall
be paid to Community Development Department, for the processing of each application, a
fee of two hundred and fifty dollars ($250.00).
Recording Fees: Established by the Clerk of the Court (Recorder).
K. STRUCTURAL GLAZING SYSTEMS - RECERTIFICATION FEES
For the initial application for structural glazing recertification and each subsequent
application under Sections 104.9 and 3515 of the South Florida Building Code there shall
be paid to the Community Development Department, for the processing of each
application, a fee of two hundred and fifty dollars ($250.00).
L. SOUTH FLORIDA BUILDING CODE - CHAPTER 2 (UNSAFE STRUCTURES)
Case Processing Fee 200.00
Pictures - each 1.50
Inspection Fee - each 75.00
Posting of Notices - each 25.00
Unsafe Structures Board Processing Fee 90.00
Title Search Actual Cost
Court Reporting Transcription Actual Cost
Legal Advertisement Actual Cost
Permit Fees Actual Cost
Lien/Recordation/Cancellation of Notices - each 35.00
Bid Processing Fee 75.00
Demolition/Secure Services Actual Cost
Asbestos Sampling & Abatement Actual Cost
City of Aventura
Building Permit Fee Schedule
3O
CITY OF AVENTURA
OFFICE OFTHECITYMANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Eric M. Soroka, Cit
September24, 1996 ~
Resolution Adopting Engineering and Public Works Inspection and
Review Fee Schedule
October 2, 1996 City Council Agenda Item
Recommendation
It is recommended that the City Council adopt the attached Fee Schedule for
Engineering and Public Works Inspection and Review Services.
Backqround
State law provides for local governments to establish a fee schedule to recover costs
associated with engineering and public works inspection and review services.
The attached schedule was prepared based on input from the consulting engineers and
the Community Services Director, as well as a comparison to the current fees charged
by Dade County.
If you have any questions, please feel free to contact me.
EMS/ne
Attachment
CC0098-96
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, PROVIDING FOR AND ADOPTING
ENGINEERING AND PUBLIC WORKS INSPECTION PERMIT
AND REVIEW FEE SCHEDULE; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. , the City Council is authorized to
provide a fee schedule for engineering and public works inspection permit and review
services provided by the City; and
WHEREAS, after public hearing, the City Council has determined to establish
appropriate fees for engineering and public works inspection permit and review services, as
set forth herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. The engineering and public works inspection permit and review fee
schedule, attached hereto as Exhibit "A" and incorporated herein, is hereby established as
the fee schedule for engineering and public works inspection permit and review services
provided by the City of Aventura Community Services Department.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its adoption.
Resolution No.
Page 2
The foregoing Resolution was offered by Councilmember
adoption. The motion was seconded by Councilmember
vote, the vote was as follows:
, who moved its
, and upon being put to a
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Coun¢ilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this day of October, 1996.
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMSAms
City of Aventura, Florida
Engineering and Public Works
Inspection Permit and Review Fee
Schedule
Community Services Department
Effective October 1, 1996
Page 1
Engineering, Public Works Review and Inspection Permit Fee
Schedule
Permit Fees
Fees for public works construction, under permit issued by the Community Services
Department, in canal, road and street rights- of- way, and utility or other easements
in the City of Aventura and for the paving and drainage on private roads in the City
of Aventura are fixed as follows:
(1)
For installation or repair of sanitary and storm sewers, water lines, gas lines,
buried electric, telephone CATV or other underground utilities:
For 100 linear feet or less $125.00
(2)
For each additional 100 linear feet or fraction thereof $30.00
For exfiltration drains consisting of catch basin, exfiltration trench, or slab
covered trench:
For each 100 linear feet or fraction thereof
$75.00
(3) For installation of poles or down guys for overhead utilities:
(4)
For each pole or down guy
For construction or replacement of sidewalks, curbs and gutters:
For 100 linear feet or less
$35.00
$75.00
(5)
For each additional 100 linear feet or fraction thereof $30.00
For construction or asphalt or concrete driveways, including private property:
For driveway width of 20 feet or less consisting of 1 $75.00
or 2 driveways
City of Aventura
Engineering, Public Works Review and Inspection Permit Fee Schedule
I
For driveway width of 20 feet, but not greater than 40 I
feet, consisting of 1 driveway (each)
Page 2
$100.00
For driveway width greater than 40 feet (each) $150.00
For construction of stamped concrete driveways
(each)
$75.00
For construction of brick paver driveways (each) $75.00
(6)
For construction of street pavements, including paving of parkways and
shoulders:
For one lane or two lanes of pavements for 100 linear
feet or less
$225.00
For each additional 100 linear feet or fraction thereof $50.00
For three or more lanes of pavements for 100 linear
feet or less
$325.00
(7)
(8)
For three or more lanes of pavements, each
additional 100 linear feet or fraction thereof
For the installation of embankment and/or subgrade material,
rock and asphalt:
For 100 linear feet or less
For each additional 100 linear feet or fraction thereof
For construction of curb separators:
For each 100 linear feet or less
$100.00
For each additional 100 linear feet
or fraction thereof
excluding base
$125.00
$35.00
I $75.00]
$25.00
City of Aventura
Engineering, Public Works Review and Inspection Permit Fee Schedule
Page 3
(9)
For erection of street name signs, traffic or directional signs:
For each sign
$15.00
(10) For construction of bridges:
For bridge roadway area of 1000 feet or less
$1000.00
For each additional 100 square feet or fraction $200.00
thereof
(11) For the installation of permanent type traffic barricades, guardrails or guide
posts:
For each 100 linear feet or fraction thereof $100.00
(12) For the construction of street or driveway culvert:
For each 100 linear feet or fraction thereof
$100.00
(13) Installation of culvert pipe to enclose existing drainage ditch or canal:
For each 100 linear feet or fraction thereof
(14) Installation of new traffic signals:
$15000
For each intersection
(15) For upgrade or modification of existing traffic signals:
(16)
For each intersection
For resurfacing, water proofing or seal coating:
For each 1000 square feet of fraction thereof
$1500.00
$1ooo.ooj
$20.0oj
City of Aventura
Engineering, Public Works Review and Inspection Permit Fee Schedule
Page 4
(17) For installation of Bus Shelters:
For each shelter
$100.00
D=
Penalty-Fees
When work for which a permit is required is commenced prior to obtaining a permit,
a penalty fee will be imposed as follows:
$100.00 plus double the original permit
Extension of Permit
A permit fee may be extended for a period of up to, but not more than one year from
the expiration date of the original permit provided the Community Development
Department is notified prior to the expiration of the permit. If the permit is allowed to
expire without requesting an extension, a new permit will be required, including
appropriate fees, for the remainder of the uncompleted work.
Special Projects
A fee equal to actual staff time and related costs shall be assessed for special
projects requiring research by the Department in order to answer questions
proposed by property owners, condominium associations, developers, attorneys,
realtors, etc., in connection with the use, re-subdivision, and development of
properties, including rights-of-way and easements or to determine if any existing
violations are on the property through a review of departmental records. Such
special fee only will be levied for requests outside the scope of normal Department
work. A minimum fee of fifty-five dollars ($55.00) shall be charged.
Engineering Review Fees
(1) Engineering plan review:
Schematic engineering plan review
$300.00
(2) Utilities, paving, grading and drainage plan review:
Projects up to $300,000
$750.00
Pr~ects over$300,000foreach $1000in costs over
$300,000
$1.25 &
$750.00
City of Aventura
Engineering, Public Works Review and Inspection Permit Fee Schedule
CITY OF AVENTURA
OFFICE OFTHECITY MANAGER
MEMORANDUM
TO: City Council (,~
FROM: Eric M. Soroka, Cit
DATE: September 24, 1996' ~ ~
SUBJECT: Resolution Supporting the
Referendum
Safe Neighborhood Parks Bond
October 2, 1996 City Council Agenda Item ~/_/C
As per the City Council's direction, attached is a Resolution supporting the Safe
Neighborhood Parks Bond Referendum scheduled for November 5, 1996.
EMS/ne
Attachment
CC0099-96
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, SUPPORTING THE SAFE
NEIGHBORHOOD PARKS BOND REFERENDUM OF
1996; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Safe Neighborhood Parks Bond referendum would provide
approximately $200 million to preserve, improve and restore park, beach and open
space lands, senior centers, youth facilities, and recreational facilities to benefit current
and future generations of Dade County; and
WHEREAS, this Council finds that neighborhood and community parks, natural
and recreational areas, sports facilities and playing fields are a vital and necessary part
of our community; and
WHEREAS, parks in good repair provide an important and healthy alternative to
youth through sports and recreational opportunities; and
WHEREAS, the City of Aventura would receive approximately $160,000 in per
capita grants for our most pressing park and recreational needs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Council supports the Safe Neighborhood Parks Bond
Referendum of 1996.
Section 2. The City Council urges the registered voters of the City of Aventura
and all of Dade County to vote in favor of the Safe Neighborhood Parks Bond
referendum on November 5, 1996.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Councilmember
its adoption. The motion was seconded by Councilmember
put to a vote, the vote was as follows:
_, who moved
., and upon being
Resolution No.
Page 2
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 2® day of October, 1996.
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Council
Eric M. Soroka, Cit~//~
Harry M. Kilgore, Fin~
;r
~-~o~ Services Director
September 25, 1996
Auditor Engagement Letter
October 2®, 1996 Council Meeting Agenda Item
Recommendation
It is recommended that the City Council adopt the attached Resolution which authorizes
the City Manager to execute the "Engagement Letter" specifying scope of services and
fees for Keefe McCullough & Co. to serve as the Citys Independent Auditors.
Background
At the August 20th, 1996 meeting the City Council adopted Resolution No. 96-30
establishing a ranking of firms to perform the City's independent audit. That Resolution
was the culmination of a process that included an advertisement in the Miami Herald,
the mailing of RFP's to thirteen (13) firms, receipt of sealed proposals from six firms,
evaluation by a committee consisting of the City Manager and Finance Support
Services Director, interviews with the four top ranked firms and final recommendation to
the City Council based on the qualifications of the firms.
Resolution No. 96-30 included a ranking of firms as follows:
1. Keefe, McCullough & Co.
2. Rachlin, Cohen and Holtz
3. KPMG Peat Marwick, LLP
The Resolution authorized staff to solicit fee quotations from the three firms and to use
this fee information to negotiate with the top ranked firm. I, therefore, provided
additional information to all three firms and requested fee quotes for the first two years
of the audit. Attachment 1 includes fee quotations from each of the three firms.
Based on my past experience, I believe that the fee proposed by Keefe McCullough
was appropriate based on the scope and magnitude of the work which will be required,
including the drafting of the Comprehensive Annual Financial Report. The fee quote
from KPMG Peat Marwick was higher but I expected that since they are one of the "Big
Six" national firms. Generally, fees paid to large national firms are 25 to 35 percent
more than local firms. Therefore, their fee quote was very much in line with the quote
by Keefe, McCullough.
The fee proposed by Rachlin, Cohen, & Holtz was significantly lower than those
proposed by the other firms. I believe that it was either a Iow ball quote aimed at
persuading us not to award the contract to the firm we consider to be best qualified or a
lack of understanding of the scope of work to be performed. My only prior experience
with Rachlin, Cohen & Holtz was not totally satisfactory for both of these reasons. I,
therefore, believe that it is in the City's best interests to enter into a contract with the
firm that we ranked the best qualified and to use the quote from Rachlin as a method to
negotiate some fee reduction from Keefe, McCullough, the highest ranked firm.
I, therefore, discussed the situation with Joe Leo, the partner in charge at Keefe,
McCullough. He stated that the time required to perform the work in a professional
manner would not allow him to match the quote by Rachlin but he did agree to reduce
his quoted fees by $1,000 each of the first two years of the audit. Since I believe that
the original quoted fees were reasonable, I believe that this was as big an
accommodation as could be obtained without affecting the quality of the audit and
Comprehensive Annual Financial Report. I, therefore, changed the proposed
engagement letter to reflect the change in fees.
I also reviewed the balance of the engagement letter which was proposed by Keefe,
McCullough & Co. and found it to be acceptable. Most of the language is state of the
art of the accounting profession and would be included in the engagement letter with
any CPA firm since it follows the form of The American Institute of Certified Public
Accountants auditing standards and procedures.
As discussed in the previous paragraphs, I recommend that the City Council approve
the Resolution authorizing execution of the "Engagement Letter".
Should you have any questions, please feel free to contact me.
HK/mn
CITY OF AVENTURA
TABULATION OF FEE QUOTES RECEIVED FROM CPA FIRMS
BASED ON THE THREE TOP RANKED FIRMS PER RESO. NO. 96-30
NAME OF FIRM
FEES QUOTED
1995/96 F Y 1996/97 F Y
TOTAL 2
YEARS
KEEFE, MCCULLOUGH
& CO.
8000 15000 23000
RACHLIN, COHEN &
HOLTZ 5000
KPMG PEAT MAR-
WICK, LLP
11000 16000
15000 20000 35000
(1)
AVERAGE L 9333 15333 246671
NOTE: (1) FEES FOR THE TOP RANKED FIRM WERE NEGOTIATED
DOWNWARD TO $7,000 FOR 1995/96 AND $14,000 FOR
1996/97 FOR A TWO YEAR TOTAL OF $21,000.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, APPOINTING THE FIRM OF
KEEFE, MCCULLOUGH & CO. TO PERFORM AUDITING
SERVICES; AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED ENGAGEMENT LETTER;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Aventura, pursuant to applicable state law, has solicited
and reviewed proposals from firms to perform the City's independent audit; and
WHEREAS, Resolution No. 96-30 established a ranking of firms to serve as said
auditor and authorized negotiations with the top ranked firm; and
WHEREAS, City Staff has negotiated fees and scope of services with the top
rated firm (Keefe, McCullough and Co.) and recommends approval of the Engagement
Letter.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. The firm of Keefe, McCullough & Co. be and the same is hereby
appointed to perform independent auditing services for the City of Aventura.
Section 2. The City Manager of the City of Aventura, Florida, is hereby
authorized to execute the Engagement Letter, attached hereto as Exhibit "A", for
auditing services by and between the City and Keefe, McCullough & Co., and the City
agrees to the negotiated scope of services and fees.
Section 3. This Resolution shall become effective immediately upon its
adoption.
Resolution No.
Page 2
The foregoing Resolution was offered by Councilmember
, who
moved its adoption. The motion was seconded by Coun¢ilmember
.,and upon
being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 2® day of October, 1996.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
HMK/tms
Exhibit "A"
K~.EYE, I~IcCULLOUOH & CO.
CBRTEIVIED PUBLXC ACCOUNT.~NT8
6550 NORTH FEDERAL HIGHWAY
Sl.~lib410
FORT LAUDERDALE, FLORIDA
(954) 7'/I.0696
FAX: (954) 938-9353
September 10, 1996
To the City Manager, Mayor and Members
of the City Council
City of Aventura, Florida
2999 N.E. 191st Street
Aventura, FL 33180
Dear Manager, Mayor, and Members of the City Council:
It is our practice to confirm our understanding of the services we are to provide for the City
of Aventura, Florida. We will audit the general purpose financial statements of the City of
Aventura, Florida as of and for the year ending September 30, 1996, with an option to audit the
City for each of the four subsequent years.
Our audit will be conducted in accordance with generally accepted auditing standards and the
standards for financial audits contained in Government Auditing Standards. issued by the
Comptroller General of the United States, and will include tests of the accounting records of the
City of Aventura, Florida and other procedures we con. sider necessary.to enable u.s to express .an
unqualified opinion that the financial state.merits .ar~. fairly present.ed: re.all material respe~..s, m
coao ty with gener y a pted a. .oun g, pr ?ples, g ou r other
we will fully discuss the reasons w~tn you m anvance, u, [or any reason, we are unan e to
complete the audit, we will not issue a report as a result of this engagement.
Our procedures will include tests of documentary evidence supporting the transactions recorded
in the accounts, and may include tests of the physical existence of inventories, and direct
confirmation of receivables and certain other assets and liabilities by. corresponden~ with selected
individuals, creditors and financial institutions. We will request written representations from your
attorneys as part of the engagement, and they may bill yo.u for responding to this inquiry. At the
conclusion of our audit, we will also request certain written representations from you about the
fmancial statements and related matters.
An audit includes examining, on a test basis, evidence supporting the mounts and disclosures
in the £mancial statements; therefore, our audit will involve judgement about the number of
transactions to be examined and the areas to be tested. Also, we will plan and perform the audit
to obtain reasonable assurance about whether the f'mancial statements are free of material
misstatement. However, because of the concept of reasonable assurance and because we will not
perform a detailed examination of all transactions, there is a risk that material errors, irregularities,
or illegal acts, including fraud or defalcations, may exist and not be detected by us. We will
inform you, however, of any matters of that nature that come to our attention, unless they axe
clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit
and does not extend to matters that might arise during any later periods for which we are not
engaged as auditors.
The management of the City of Aventura, Florida is responsible for establishing and maintaining
an internal control structure. In fulfilling this responsibility, estimates and judgments by
management are required to assess the expected benefits and related costs of internal control
City of Aventura, Florida -2- September 10, 1996
structure policies and procedures. The objectives of an internal control structure are to ~provide
management with reasonable, but not absolute, assurance that assets are safeguarded against loss
from unauthorized use or disposition and that transactions are executed in accordance with
management's authorizations and recorded properly to permit the preparation of general purpose
financial statements in accordance with generally accepted accounting principles.
In planning and pe.ff..ormin.g our audits for the years ending September 30, 1996, 1997, 1998,
1999, and 2000, we will consider the internal control structure in order to determine our auditing
procedures for the purpose of expressing our opinion on the City's general puq~ose Financial
statements and not to provide assurance on the internal control structure.
We will obtain an undemtanding of the design of the relevant policies and procedures and
whether they have been placed in operation, and we will assess control risk. Tests of controls may
be performed to test the effectiveness of certain policies and procedures that we consider relevant
~mPre.venting and det .e.e.ec~g errors and irregn ..l~rifiea that are material to the general puqaose
ancial statements and to preventing and detecting misstatements resulting from illegal acts and
other noncom..pliaace ma..tters .that have a direct and material effect on the general purpose financial
sta.te.ments, our tests, if performed, will be less ia scope than would be necessary to render an
opuuon on the internal control structure policies and procedures and, accordingly, no opinion will
be expressed.
We will inform you of any matters involving internal control structure and its operation that we
consider to be reportable conditions under standards established by the American Institute of
Certified Public Accountants. Reportable conditions involve matters coming to our attention
relating to significant deficiencies in the design or operation of the internal control structure that,
in our judgment, could adversely affect the emity's ability to record, process, summarize, and
report financial data consistent with the asseCdons of management in the general puq>ose financial
statements.
Compliance with laws, regulations, contracts and grant agreements applicable to the City of
Aventura, .Florida is the responsibility of the City's. management. As part of obtaining reasonable
assurance at, out whether the general purpose financial statements are free of material misstatement,
we will perform tests of the City's compliance with certain previsions of laws, regulations,
contracts, and grants. However, the objective of our audit will not be to provide an opinion on
overall compliance with such provisions, and we will not express such an opinion.
We understand that you will provide us with the basic information required for our audit and
that you are responsible for the accuracy and completeness of that information. We will advise you
about appropriate accounting principles and their application and will assist in the preparation of
your financial statements, but the responsibility for the financial statements remains with you. This
re..spo, nsibility includes the maintenance of ad.equ.a, te records and related internal control structure
policies and procedures, the selecUon and applicaUon of accounting principles, and the safeguarding
of assets. We understand that your accounting personnel will prepare the various account schedules
we require during our audit.
Our audit is not specifically designed and cannot be relied on to disclose reportable conditions,
that is, significant deficiencies in the design or operation of the internal control structure.
However, during the audit, if we become aware of such reportable conditions or ways that we
believe management practices can be improved, we will communicate them to you in a separate
letter.
We understand the workpapers for these engagements are the property of Keefe, McCullough
& Co., Certified Public Accountants and constitute confidential information. However, we may
be requested to make certain workpapers available to third parties pursuant to authority given by
law or regulations. If requested, access to such workpapers will be provided under our supervision.
Further, upon request, we may provide photocopies of selected workpapers to such third parties
and they may distribute them to others.
City of Aventura, Florida af q,eo o -3- September 10, 1996
Our fee for tbe. serv~ces mcn~ip_ned above, including preparation of the comprehensil/e annual
f'mancial report, will be $ 87000~0 for the year ended September 30, 1996 and $1~J;0OO for the
year ended September 30, 1997. Fees for each year subsequent to September 30, 1997 will be
negotiated prior to thc commencement of the audit for those years. An invoice for the services
~PsrOVided will be presented at thc end of each semi-monthly billing period. Payment of our invoice
due when rendered. This fee is based on anticipated cooperation from your personnel and the
assumption that unexpected circumstances will not be encountered.
Government Auditing Standards require that we provide you with a copy of our most recent
external quality control review wport (quality control reviews are required every three years). Our
October, 1993 quality control review report accompanies this letter.
We appreciate the opportunity to be of service to the City of Aventura, Florida and believe this
letter accurately summarizes the significant terms of our engagement. If you have any questions,
please let us know. If you agree with the terms of our engagement as described in this letter,
please sign the enclosed copy and return it to us. This letter will remain in effect until canceled
or modified by either paxty.
Very truly yours,
McCULI..OUGH & CO.
Leo, C.P.A.
Acknowledgement:
CITY OF AVENTURA, FLORIDA
Mr. Eric M. Soroka, City Manager Date
CERTIFIED PUBLIC ACCOUNTANTS
October 29, 1993
To the Paxmers
Keefe, McCullough & Co.
We have reviewed the system of quality ~ntrol for the accounting and auditing practice
of Keefe, McCullough & Co. (the ftrm).m effect for ~ year ended August 31, 1993.
Our r~view was co.nduaed in conform~ with .st~.. ~ for on-site quality t~wiews
established by ~e American Institute of Ce .r.'. ~.ed Public ACCOuntants. We tested
compliance with the firm's quality control pelic~es and procedures tO., the extent .we
considered appropriate. These tests included a review of selected accounting and auditing
engagements.
Ia ~rforming our review, we have given consideration to the quality control staadards
issued by the AICPA. Those standards indicate that a firm's system ~f quality control
should be appropriately comprehensive and.s.uitably designed m relation to the finn's
size, orgsniTational stmcm, re, operating policies, _a~_d ~e na..mre of.its pra..ctice..'l~..ey
state that va_dance in individual performance can attect me oegree ot compuance w~m a
firm's quality control system and, therefore, recognize that there may not be adherence
to aH l~lieies and procedures in every case.
In our opinion, the system of q, ality control for the accounting and auditing practice of
Keefe glcCullough & Co. in effect for the year ended August 31, 1.993, meX .the
objectives of quality control standards established by the AI .C~.. A and was being complied
with du.ring the year then ended to provide the rum with reasonable assurance of
conforming with professional standards in the conduct of that practice.
ABBOTT, JORDAN & KOON
Manchester, Georgia
MEMBERS OF
P~IVATE COMPANIES P~ACTICE SECTION OF THE
AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS
GEOR(~IA SOCIE'f~ OF CERTIFIED PU~-IC ACCOUNTANTS
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
SUBJECT:
City Council
Eric M. Soroka, Ci~
Harry M. Kilgore, ~in~
September 26, 1996
;upport Services Director
Agreement for Financial Advisory Services
October 2®, 1996 Council Meeting Agenda Item
Recommendation
It is recommended that the City Council adopt the attached Resolution which authorizes
the City Manager to execute the Financial Advisory Services Agreement specifying
scope of services and fees for Rauscher Pierce Refsnes, Inc. serve as the City's
Financial Advisor for future financing programs.
Back_oround
In order to assure that the City explores and utilizes all alternatives on future financing
programs, the City has gone through a Request for Proposals for a firm to provide
Financial Advisory Services.
The RFP was advertised in the September 8th and 12th editions of the Miami Herald.
Based on firms who called as a result of the advertisement, firms who requested be
notified of proposals and list of firms used by other cities, we mailed and/or faxed the
RFP to a total of fifteen (15) firms (Attachment 1). We received sealed proposal
packets from five (5) firms on September 18th (Attachment 2).
The written proposals were critiqued by a Review Committee consisting of the City
Manager and Finance Support Services Director. Based on that review, we evaluated
each firm and developed a ranking of firms (Attachment 3). A short list of three (3) firms
was established and each made presentations to the Review Committee.
Based on the presentation and the written proposals, the Review Committee again
evaluated the three short listed firms. The final rankings were:
1). Rauscher Pierce Refsnes, Inc.
2). William R. Hough & Co. L.L.P.
3). Fidelity Financial Services
A summary of the evaluation results is attached (Attachment 4). Unlike most other
evaluation processes that I've been through, there was no clear winner. Both members
of the Review committee believed that each of these firms are very capable of serving
as the City's Financial Advisor. Each firm proposed a strong, talented project team. It
was, therefore, very difficult to rank the firms. However, in a narrow margin, the
committee agreed to the above ranking.
We also reviewed the contracts and fee structure proposed by the three firms. There
was no real significant variation in fees proposed and all three proposed contracts were
acceptable. The contract for the top ranked firm, Rauscher Pierce Refsnes, Inc. was
revised as required and is included as a part of the agenda packet.
Based on the information included in the previous paragraphs, the Review Committee
recommends adoption of the resolution authorizing execution of the contract with
Rauscher Pierce Refsnes, Inc. to provide Financial Advisory Services for the City's
upcoming financing programs.
A copy of the Request for Proposal, all written proposals and evaluation forms are
available for inspection in the Finance Support Services Department.
Should you have any questions, please feel free to contact me.
HMK/mn
Attachment 1
CITY OF AVENTURA
RFP FOR FINANCIAL ADVISORY SERVICES
RFP NO.# 96-05
FIRMS MAILED/FAXED COPIES OF THE RFP
Firms Mailed & Faxed RFP Firms Faxed RFP (Requested via phone)
James Gollahon Alien Habacht
A.G. Edwards & Sons, Inc. Taplin, Canida & Habacht
500 North Westshore Blvd, 1001 S. Bayshore Drive
Suite 740 PH: (813) 286-0310 Suite 2100 PH: (305) 379-2100
Tampa, Florida 33009 FAX: (813) 289-0602 Miami, Florida 33131 FAX: (305) 379-4452
Mariiyn Hett
Barry Kutun Capital Assets & Partners
First S.E. Company 1570 Madruga Avenue
2012 Fisher Island Drive PH: (305) 373-9411 Suite 405 PH: (305) 663-6264
Fisher Island, Florida 33109-022 FAX: (305) 538-4246 Coral Gables, Florida 33146 FAX: (305) 663-5424
Michael Abrams Jim Beard
Rauscher Pierce Refsnes, Inc. Howard, Gary & Company
201 S. Biscayne Boulevard 3050 Biscayne Boulevard
Suite 830 PH: (305) 577-4400 Suite 603 PH: (305) 571-1380
Miami, Florida 33131 FAX: (305) 577-4838 Miami, Florida 33137 FAX: (305) 571-1393
Phillip N. Brown
Public Financial Management, Inc.
201 S. Orange Avenue
Suite 720 PH: (407) 648-2208
Orlando, Florida 32801 FAX: (407) 648-7323
Ms. Lourdes Acosta
First Southwest, One Biscayne Tower
Suite 1890
Two South Biscayne Blvd. Fax: (305) 358-2373
Miami, Florida 33131-1808
Firms Mailed RFP 96-05
Ms. Deborah Etkin
First Equity Corporation of Florida
100 Chopin Plaza
Miami, Florida 33131
PH:
FAX:
Consolidated Financial Management, Inc.
200 South Andrews Avenue
Suite 300 PH:
Fort Lauderdale, Florida 33301 FAX:
Frank Hail
Fidelity Financial Services
2750 N, 29t~ Avenue
Suite 309A PH:
Hollywood, Florida 33020 FAX:
Craig M. Hunter, Manager of Public Finance
William R. Hough & Company
100 Second Avenue South
Suite 800 PH:
St. Petersburg, Florida 33701 FAX:
Clark Bennett Arthur Ziev, Vice President Finance
Florida Municipal Advisors, Inc. Raymond James & Associates, Inc.
9121 N. Military Trail 2256 Glades Road
Suite 200 PH: (561)626-4760 Suite 120A PH:
Palm Beach Gardens, Florida 33410 FAX: (561)626-4781 Boca Raton, Florida 33431 FAX:
Firms who picked up RFP at Government Center
Kevin Cook
Bankers Investment & Loan
1560 Lejeune Road PH: (305) 567-9980
Coral Gables, Florida 33134 FAX:
Attachment 2
CITY OF AVENTURA
RFP FOR FINANCIAL ADVISORY SERVICES
RFP #96-05
FIRMS SUBMITTING PROPOSALS ON SEPTEMBER 18TM. 1996
William R. Hough & Co.
100 Second Avenue South
Suite 600
St. Petersburg, Florida 33701-4386
(813) 895-8880 (800)800-0061
Fax: (813) 895-8895
Mr. Richard Montalbano, Sr. Vice President
The Northern Trust Company
Aventura & Illinois
(800) 621-1911 Ext~ 8048
Fax: (312) 444-5478
Mr. Daniel E Denys
Fidelity Financial Services, LC.
2750 North 29th Avenue
Suite 209
Hollywood, Florida 33020
(954) 925-5699
Fax: (954) 925-5987
Mr. Frank Hall, Jr., Managing Director
Florida Municipal Advisors
9121 North Military Trail
Suite 200
Palm Beach Gardens, Florida 33410
(407) 626-4760
Fax: (407) 626-4781
Mr. Clark D. Bennett, Vice President
Rauscher Pierce Refsnes, Inc.
201 South Biscayne Boulevard
Suite 830
Miami, Florida 33131
(305) 577-4400
Fax: (305) 577-4838
Mr. Michael Abrams, First Vice President
Mr. Percy R. Aguila Jr., Vice President
A~tacbment 3
CITY OF AVENTURA
TABULATION OF FINANCIAL ADVISOR PROPOSAL EVALUATION S
19-Sep-96
NAME OF FIRM
FIDELITY FINANCIAL
SERVICES LC
FLORIDA MUNICIPAL
ADVISORS, INC
WILLIAM R. HOUGH &
CO.
NORTHERN TRUST CO
RAUSCHER PIERCE
REFSNES, INC
KILGORE SOROKA OVERALL INTERVIEW
TO BE
TOTAL TOTAL OVERALL INTER-
SCORE SCORE AVERAGE RANKING VIEWED DATE TIME
86 85 86 3 YES 9/20/96 4:00 PM
81 78 80 4 , NO
89 92 91 I YES 9/24/96 2:30 PM
62 55 59 5 , NO
86 90 88 2 YES 9/25/96 11:00 AM
AVERAGE 81 80 80
Attachment 4
CITY OF AVENTURA
TABULATION OF FINANCIAL ADVISOR PROPOSAL EVALUATION S
AFTER WRITTEN PROPOSALS AND ORAL PRESENTATIONS
26-Sep-96
INTERVIEW
NAME OF FIRM DATE TIME
KILGORE SOROKA AVERARE
TOTAL TOTAL TOTAL
SCORE SCORE SCORE
OVERALL
RANKING
FIDELITY FINANCIAL
SERVICES LC
9/20/96 4:00 PM
90 88 89
WILLIAM R. HOUGH &
CO.
9/24/96 2:30 PM
90 90 90
RAUSCHER PIERCE
REFSNES, INC 9/25/96 11:00 AM 90 91 90.5 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA SELECTING THE FIRM OF
RAUSCHER PIERCE REFSNES, INC., TO PERFORM
FINANCIAL ADVISORY SERVICES; AUTHORIZING THE
CITY MANAGER TO EXECUTE THE ATTACHED
AGREEMENT FOR FINANCIAL ADVISORY SERVICES;
AGREEING TO THE SCOPE OF SERVICES AND FEES
CONTAINED IN SAID AGREEMENT; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Aventura has requested proposals from firms to perform
financial advisory services for prospective financing programs; and
WHEREAS, said proposals were evaluated by a Review Team consisting of the
Director of Finance Support Services and the City Manager; and
WHEREAS, said Review Team recommends that the top three ranked firms, based
on the firms' experience and qualifications, be: 1) Rauscher Pierce Refsnes, Inc.; 2) William
R. Hough & Co.; and 3) Fidelity Financial Services, L.C.; and
WHEREAS, City staff recommends that a contract be entered into with Rauscher
Pierce Refsnes, Inc. providing for said firm to provide financial advisory services and the
City Council concurs with said recommendation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. The firm of Rauscher Pierce Refsnes, Inc. be and the same is hereby
selected to perform financial advisory services for the City.
Section 2. This firm has been selected on the basis of their experience and
qualifications. However, as part of their proposal, they included a proposed contract and
basis of fee.
Section 3. The City Manager is hereby authorized to execute the attached
agreement for financial advisory services between the City and Rauscher Pierce Refsnes,
Inc. and whereby the City Council agrees to the scope of services and fees.
Section 4. This Resolution shall become effective immediately upon its adoption.
Resolution No.
Page 2
The foregoing Resolution was offered by Councilmember
moved its adoption. The motion was seconded by Councilmember __
put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 2nd day of October, 1996.
, who
., and upon being
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
H K/tms
RAUSCHER PIERCE REFSNES, INC
AGREEMENT BETWEEN
RAUSCH ~:R PIERCE IIRFSNES, INC.
AND
C11¥ OF AVENTURA, FLORIDA
FOR FINANCIAL ADVISORY SERVICES
1. P_ARI~ES. The parties to this Agreement ("Agreement") are the City of Aventura,
Flarida ("City") and Rauscher Pierce Rffsnes, Inc. ("RPR") as fu~ncial advisor.
2. PURPOSE. The purpose of this Agreement is to secure for the CITY the services of
an experienced and qualified financial advisor to assist the CITY in the issuance of
debt and thc evaluation of Emancial strategies, capital structure and debt management.
3. TERM. The term of this Agreement shall be for twelve (12) months commencing on
October 3, 1996 end ending October 3, 1997. Upon agreement of the parties, this
Agreement may be extended for additional one year texans under the sanae tcr~s and
conditions provided herein.
4. SCOPE OF SERVICES:
DEBT SERVICES:
RPR shall p~rform all financial advisory services for the CITY ~at are necessary in
connegt~on with the issuance, remarkcting and restmcttn~ o£debt issuances, loans or
othe~ obligations. These financial advisory services shall be called "Debt
As requested by the CITY, the Debt Services shall include the following:
Preparing a time schedule eoordinuting the necessary actions of Cll'l"'S
legal, managerial and ~nandal r~'presclltalives ~ sched~fling the date of
the sale of bonds, loans or other obligations and availability of proceeds.
Providing estimated interest rates and final amortiza6on schedules to
CITY.
Advising CII'¥ and staff as to markc~ conditions and m;ommending the
timing of the sale of bonds, loans or othor obligations.
1
jo
lc
Advising as to the provisions regarding redemption of defeasance of any
proposed oblig'ations prior to maturity.
Prov/ding recommendations regarding accounts and flow of funds, rate
covenant test for thc issuance ofpar/ty obligations, audit rcpom and other
details wh/ch may be set forth in the legal documents supporting future
financings.
Coordinating the bond, loan or obligation working group consisting o£
CITY, its staff, uadervaiters, bond counsel and others and attend
necessary meetings, hearings and otherwise assist in matters relating to
adm~-~sWa6ve, judicial, legislative and other governmental bodies_
Assisting in the preparation of Prel~minn,-y and Final Official Statements
and other necessary documents, ordinances, resolutions and trust
indentures.
Providing legal counsel with reformation and details necessary for drafting
of the authoriz/~ bond or loan documents.
Ass/sting CITY with the selection of a paying agent and re~strar and
Rustee for the bond, loan or other type of obligations, if necessary.
Coordinating with and providing the municipal bond rating agencies (and
municipal bond insurers and letter of credit providers, if applicable) with
information necessary to .~im'ulate interest and obtain the highest possible
rating on CITY'S bonds, loans or other type of obligatlons.
Advising CITY in arranging for printing of necessary documents,
execution and signing and delivery of the obligation~ after sale.
Advising as to the advantages and disadvantages of various credit
enhancements, including the feasibility and desirability of acquiring
insurance, letters of credit, other credit facilities, or investment
a~reements.
Assisting with validation proceedings, if necessary, and testifying as an
expert witness on the financing program.
Coordinating and assisting CITY at bond or loan closings.
Development of investment programs for bond or loan proceeds.
2
RAUSCHER PIERCE REFSNES, INC
In connection with a competitive sale, RPR will provide the following
additional financial adviso~ services necessary in connection with the
issuance, rema~keting and restructure of debt issuances, loans or other
obhgations:
iii.
In cooperation with legal counsel, prcpering the official notice
sale of the bonds_
Arranging for the insertion of necessary advertisement of the noticc
of sale in Bond Buyer.
Assis6ng CITY at thc time of sale in checking all bids for
compliance with bid specifications, making a recommendations to
the award of bonds or notes that are in the best interest of CITY.
In connection with a negotiated sale, RPR will provide thc following
additional financial advisory serviccs in comaccfion with the issuance,
remarkefing and restructure of debt issuances, loans or other obligations:
Assisting in the selection of thc underwriting syndicate.
Evaluating the bond purchase agreement and advising as to its
acceptance or rejection in light of market conditions.
COMPENSATION. In consideration of the services provided for in this Agreement,
specified as Debt Services, CITY shall pay to RPR:
For bond issues, including thc full Debt Services described within this Agreement,
RPR's fee schedule for advisory services to the CITY shall be as follows:
Minimum Fee P~r Transaction:
$0.75 per $1,000 of Bonds:
Plus $0.50 p~r $1,000 of Bonds:
$12,500 All Issues UP to $25 Million
$15,000 All Issues Over $25 Million
Revenue Bonds Issued
Genea'al Obligation Bonds
This fee schedule will apply to all types of borrowings sold at either competitive or
negotiated ~ales. These fees would bc in effect for the duration of the contract period.
Additional services may be rendered upon request of CITY at the following rate:
$150/Per Hour
Principal
Managing Director
First Vice President
Vice President
SlOOfPer Hour
Assistant Vice President
Associate
RAUSCHER PIERCE REFSNES, INC.
~ In addition to all other fees and charges allowed by this Agreement,
C1'1¥ shall pay ali reasonable out-of-pocket expenses incurred for U'ansportation,
lodl~g, meals and incidcmals in con~cction with travel p~fformcd by RPR as a
re. sult o£ its p~eormanc¢ under this contraci, and for the cost of communications,
materials and supplies used in connection with an informalion program, postage, data
processing services, telephone and shipping expenses rehted to the duties of RPR
hereunder, subject to a maximum of $1,500.00 pe~ completed ixansaction
contemplated under the Scope of Services, upon submission of appropriate
documentation to the extent reasonably available.
AUTHORIZATION ANB COMMENCEMENT OF WORK R,I~R shall not be
entitled to any compensation, fees or expenses unless, RPR shall have, prior to the
incurring o£ any exp~n.se or the performing of any service, received the authorization
and permission theretbr from the CITY. CITY has thc right to specify the s~hedule
RPR will use in performing assigned tasks fred shall havc the right to delay or
exclude lasks to be performed by RPR. CITY shall only be obligated to pay for
services actually rendered.
~ RPR shall not assign any interest in this Agreement and shall not
transfer any interest, whether by ass~nment or novation without prior written
consent of CITY.
Michael I. Abrams, Senior Vice President or Percy tL Aguila, Ir., Vice President win
have primary responsibility for work performed by RPIL RPR agrees not to reai~ove
Mr. Abrams or Mr. Aguila from this assignment without written con.qent of CITY.
Other experienced personnel of RPR will be provided to perform the services
her~onder to th~ extent required.
~
ICT OF ER.EST. RPR has not had, does not have, nor will entertain
any implied, verbal or written maderatanding or contract with any othe~ investment
banking firm hi regard to the negotiation of, or participation in, the approved
financing plan except in its capacity as financial advisor to cf fY. Unless otherwise
directed and approved by CITy, RPR agrees not to be a member of an investment
banking group proposing to provide financing to Cfl'lr.
10. ~ This Agreement may be executed in one or more copies, each of
whiclx shall be an original, but the copies shall together constitute but one and the
same contract which may be amended with the consent of both parlies from lime to
time, and shall be construed under the laws of the State of Florida.
11. EXECUTION. To witness this Agreement, the parties have caused their
representatives to execute this Agreement as of the date signed by thc Represcntativc
of CITY.
4
RAUSCHER PIERCE REFSNES, INC.
12. Either party may terminate this Agreement with or without cause, upon thirty (30)
days written notice to the other party. In the event of termination of th/s Agreement,
RPR shall be paid for all Debt Services rendered prior to term/nation.
13. Upon request by CITY, copies of all documents prepared by RPR pursuant to this
Agreement shall be delivered to CITY by RPR, and said documents shall become
the property of CITY, without restriction or lin~itation on their use.
14. MISCELLANEOUS PROVISIONS,
All notices or other communications which shah or may bc given pursuant
to this Agreement shall be in writing and shal[ be mailed addressed to the
other party at the address indicated herein or as thc same may be ohangcd
from time to time.
Such notice shall be deemed given on the day on which personally served;
or if by mail, on the fifth business day after being posted or the date of
actual receipt, whichever is earlier. Notices shall be mailed to:
Mr. Eric M. Soroka
City Manager
CiW of Aventura
C~ovornmcnt Centor
2999 N.E. 191st S~ect, Suite $00
Aventura, Florida 33180
Rauscher, Pierce Refsnes, hac.
M/m'nl Center - Suite 830
201 South Biscayne Boulevard
Miami, Florida 33131
Attu: Michael L Abrams
No waiver or breach of any provision of th/s Agreement shall constitut~ a
waiver of subsequent breach of thc same or any other provision hereof, and
no waiver shall be effective unless made in writing.
Should any provisions, paragraphs, sentences, word or phrases contained
in this Agreement be determined by a court of competent jurisdiction to be
invalid, illegal or otherwise unenforceable under thc laws of the State of
Florida such provisions, paragraphs, sentences, word or phrases shall be
deemed modified to the extent necessary in order to conform with such
laws, then shall be deemed severable, and in either event, the remaining
terms and provisions of this Agreement shall remain -nmodified and m
full force and effect.
$
RAUSCHER PIERCE RF. FSNES, INC.
~1. .amy ]itiption..a~l:itratio~ or Mmimstmlv~ pro~d~s arisia$ her~nd,r
CII'Y OF AVEl~I%rl~ FLORIDA
Edo M. Soroka
Ci~ Mazm~-r
I~USCI4~R PIIIRCR R]~PSI%W,S, INC.
l~ichael L Abrams
First Vie~ P/e$id~t
Dale
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Proposed Newsrack Regulation Ordinance
1St Reading October 2, 1996 City Council Agenda Item r/_ j~
2nd Reading October 15, 1996 City Council Agenda Item
Recommendation
Based on the concerns expressed by Councilmembers regarding the uncontrolled
placement of newsracks in the City, it is recommended that the City Council adopt the
attached Ordinance regulating newsracks.
Back.qround
The City Attorneys' Office and I have reviewed various ordinances regulating newsracks
adopted by other cities. As you are aware there are various constitutional issues
involved in establishing regulations regarding the placement of newsracks. Our goal
was to develop an ordinance that addresses safety issues and the unsightly placement
of newsracks throughout the City.
The following represents the major points of the Ordinance:
1. Requires all vendors to obtain a permit from the City, specifying the exact location of
each newsrack.
2. Requires all vendors to affix the permit number, name, address, and telephone
number to the newsrack.
3. Establishes specific standards for the maintenance and installation of newsracks.
4. Establishes the following criteria for the location, placement and number of
newsracks:
(a) No Newsrack shall be used or maintained which projects onto, into or over
any part of the roadway of any public street, or which rests, wholly or in pad
upon, along or over any portion of the roadway of any public street.
(b) No Newsrack shall be chained, bolted, or otherwise attached to any fixture
located in the public right-of-way, except to other Newsracks.
(c) Newsracks may be placed next to each other, provided that no group of
Newsracks shall extend for a distance of more than eight (8) feet along a
curb, and a space of not less than three (3) feet shall separate each group of
Newsracks.
(d) No Newsrack shall be placed, installed, used or maintained:
(i) Within five (5) feet of any marked crosswalk.
(ii) Within fifteen (15) feet of the curb return of any unmarked crosswalk.
(iii) Within ten (10) feet of any fire hydrant, fire call box, police call box or
other emergency facility.
(iv) Within ten (10) feet of any driveway.
(v) Within three (3) feet ahead or twenty-five (25) feet to the rear of any
sign marking a designated bus stop.
(vi) Within five (5) feet of the outer end of any bus bench,
(vii) At any location whereby the clear space for the passageway of
pedestrians is reduced to less than six (6) feet.
(viii) Within three (3) feet of or on any public area improved with lawn,
flowers, shrubs, trees or other landscaping, or within three (3) feet of
any display window of any building abutting the sidewalk or parkway or
in such a manner as to impede or interfere with the reasonable use of
such window for display purposes.
(ix) Within one hundred (100) feet of any other Newsrack on the same
side of the street in the same block containing the same issue or
edition of the same publication.
(x) On any access ramp for disabled persons.
2
(e) No more than eight (8) Newsracks shall be located on any public right-of-way
within a space of two hundred (200) feet in any direction within the same
block of the same street; provided, however, that no more than sixteen (16)
Newsracks shall be allowed on any one block.
5. The following criteria shall be utilized to determine the priority of the placement of
the newsracks:
(a) As between newspapers included within any single category of priority above,
the City Manager shall also be guided by the following criteria of priorities
whenever more than eight (8) newsracks are proposed for any one location
(two hundred [200] foot space) or more than sixteen (16) Newsracks are
proposed for any one block:
(i) First priority shall be daily publications (published five [5] or more days
per week).
(ii) Second priority shall be publications published two (2) to four (4) days
per week.
(iii) Third priority shall be publications published one (1) day per week.
(iv) Fourth priority shall be publications published less than one (1) day
per week.
Staff is in the process of reviewing all existing locations in the City to determine the
number and location of newsracks that would not be in compliance with the proposed
Ordinance.
If you have any questions, please feel free to contact me.
EMS/ne
Attachment
CC0104-96
3
ORDINANCENO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ADOPTING NEWSRACK REGULATIONS; PROVIDING
FOR THE PURPOSE AND SCOPE OF THE NEWSRACK
ORDINANCE; PROVIDING FOR DEFINITIONS;
PROHIBITING NEWSRACKS IN CERTAIN LOCATIONS
AND UNDER CERTAIN CONDITIONS; REQUIRING A
PERMIT TO MAINTAIN OR OPERATE A NEWSRACK;
PROVIDING FOR AN APPLICATION FOR A NEWSRACK
PERMIT AND PROVIDING CONDITIONS FOR ISSUANCE
OF A NEWSRACK PERMIT; PROVIDING FOR A HOLD
HARMLESS AGREEMENT WITH THE CITY OF
AVENTURA; REQUIRING NEWSRACK IDENTIFICATION;
REGULATING THE LOCATION, PLACEMENT AND
NUMBER OF NEWSRACKS; PROVIDING FOR
MAINTENANCE AND INSTALLATION OF NEWSRACKS;
PROVIDING FOR THE DETERMINATION OF VIOLATIONS;
PROVIDING FOR APPEALS; DETERMINING NEWSRACK
ABANDONMENT; PROVIDING FOR SEVERABILITY;
PROVIDING THAT ALL ORDINANCES OR PARTS OF
ORDINANCES AND ALL RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CONFLICT HEREWITH BE REPEALED
TO THE EXTENT OF SUCH CONFLICT; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the uncontrolled placement of Newsracks in public rights-of-way
presents an inconvenience and danger to the safety and welfare of persons using such
rights-of-way, including pedestrians, persons entering and leaving vehicles and buildings,
and persons performing essential utility, traffic control and emergency services; and
WHEREAS, the installation and placement of Newsracks in public rights-of-way
has resulted in concerns by the public and City officials with regard to the safety,
convenience and aesthetics thereof; and
WHEREAS, the City Council finds that there is a need to regulate and establish
procedures regarding installation, placement and maintenance of Newsracks within the
City; and
WHEREAS, the City Council finds that such regulations and procedures governing
Newsracks will serve to promote the health, safety, aesthetics and welfare of the citizens
of Aventura.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Purpose and Scope.
The purpose of this Ordinance is to promote the public health, safety and welfare
through the regulation of placement, type, appearance and servicing of Newsracks on
public rights-of-way so as to:
A. Provide for pedestrian and driving safety and convenience.
B. Restrict unreasonable interference with the flow of pedestrian or vehicular
traffic including ingress into or egress from any residence or place of business,
or from the street to the sidewalk by persons exiting or entering parked or
standing vehicles.
C. Provide reasonable access for the use and maintenance of poles, posts, traffic
signs or signals, hydrants, mailboxes and access to locations used for public
transportation purposes.
D. Relocate and/or replace Newsracks which result in a visual blight and/or
excessive space allocation on the public rights-of-way or which unreasonably
detract from the aesthetics of store window displays, adjacent landscaping or
other improvements, as well as to have abandoned Newsracks removed.
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E. Maintain and protect the values of surrounding properties and prevent damage
to grass right-of-way areas.
F. Reduce unnecessary exposure of the public to personal injury or property
damage.
G. Maintain and preserve freedom of the press.
Section 2. Definitions.
As used in this ordinance, unless the context otherwise clearly indicates:
A. Block means on (1) side of a street between two (2) consecutive interacting
streets.
B. Distributor means the person responsible for placing and maintaining a
newsrack in a public right-of-way.
C. Newsrack means any self-service or coin-operated box, container, storage unit
or other dispenser installed, used, or maintained for the display and sale of
newspapers or other news periodicals.
D. Parkway means the area between the sidewalk and the curb of any street, and
where there is no sidewalk, the area between the edge of the roadway and the
property line adjacent thereto. Parkway shall also include any area within a
roadway that is not open to vehicular travel.
E. Person means any person or persons, or entity including, but not limited to, a
corporation.
F. City Manager refers to the City Manager of the City of Aventura or the designee
of the City Manager.
G. Roadway means that portion of a street improved, designed, or ordinarily used
for vehicular travel.
H. Sidewalk means any surface provided for the exclusive use of pedestrians.
I. Street means all the area dedicated to public use for public street purposes and
shall include, but not be limited to, roadways, parkways, alleys and sidewalks.
Section 3. Newsracks Prohibited.
A. No person shall install, use, or maintain any Newsrack which projects onto,
into, or which rests, wholly or in part, upon the roadway of any public street.
B. No person shall install, use, or maintain any Newsrack which in whole or in part
rests upon, in or over any public sidewalk or parkway:
(1) when such installation, use, or maintenance endangers the safety of
persons or property;
(2) when such site or location is used for public utility purposes, public
transportation purposes, or other governmental use;
(3) when such Newsrack unreasonably interferes with or impedes the flow
of pedestrian or vehicular traffic, including parked or stopped vehicles;
the ingress in or egress from any residence or place of business; the
use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other
objects permitted at or near said location;
(4) when such Newsrack interferes with the cleaning of any sidewalk by the
use of mechanical sidewalk cleaning machinery; or
(5) in any manner inconsistent with or in violation of the provisions of this
Ordinance.
Section 4. Permit Required.
It shall be unlawful for any person, firm or corporation to erect, place, maintain or
operate, on any public street or sidewalk, or in any other public way or place in the City
any Newsrack without first having obtained a permit from the City Manager specifying the
exact location of such Newsrack. One permit may be issued to include any number of
Newsracks, and shall be signed by the applicant.
Section 5. Application for Permit.
A. Application for such permit shall be made, in writing, to the City Manager upon
such form as shall be provided by him, and shall contain the name, address,
and phone number of the applicant, the proposed specific location of said
Newsrack, and shall be signed by the applicant.
B. From the above application information, the City Manager shall approve the
locations. He shall be guided therein solely by the standards and criteria set
forth in this Ordinance. In any case where the City Manager disapproves of a
particular location, such disapproval shall be without prejudice to the applicant
designating a different location or locations.
Section 6. Conditions for Permit.
Permits shall be issued for the installation of a Newsrack or Newsracks without
prior inspection of the location, but such Newsrack or Newsracks and the installation, use
or maintenance thereof shall be conditioned upon observance of the provisions of this
Ordinance. Permits shall be issued within five (5) days (excluding Saturdays, Sunday
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and legal holidays) after the application has been filed. An annual permit fee of $25.00
shall be required for each newspaper publisher plus $10.00 per Newsrack. The above
fees will be used to defray administrative expenses with relation to this Ordinance.
Section 7. Hold Harmless.
Every owner of a Newsrack who places or maintains a Newsrack on a public
sidewalk or parkway in the City of Aventura shall file a written statement with the City
Manager in a form satisfactory to the City Attorney, whereby such owner agrees to
indemnify and hold harmless the City, its officers, and employees, from any loss, liability,
o~' damage, including expenses and costs, for bodily or personal injury, and for property
damage sustained by any person as a result of the installation, use and/or maintenance
of a Newsrack within the City. This paragraph shall only be applicable to the same extent
required by City for other public right-of-way permittees.
Section 8. Newsrack Identification Required.
Every person who places or maintains a Newsrack on the streets of the City of
Aventura shall have his permit number, name, address, and telephone number affixed to
the Newsrack in a place where such information may be easily seen. Prior to the
designation of location by the City under Section 9 herein, the Distributor shall present
evidence of compliance with this Section.
Section 9. Location, Placement and Number of Newsracks.
A. Any Newsrack which rests in whole or in part upon, or on any portion of a
public right-of-way or which projects onto, into, or over any part of a public
right-of-way shall be located in accordance with the following provisions of this
Section:
(1) No Newsrack shall be used or maintained which projects onto, into or
over any part of the roadway of any public street, or which rests, wholly
or in part upon, along or over any portion of the roadway of any public
street.
(2) No Newsrack shall be chained, bolted, or otherwise attached to any
fixture located in the public right-of-way, except to other Newsracks.
(3) Newsracks may be placed next to each other, provided that no group of
Newsracks shall extend for a distance of more than eight (8) feet along
a curb, and a space of not less than three (3) feet shall separate each
group of Newsracks.
(4) No Newsrack shall be placed, installed, used or maintained:
(i) Within five (5) feet of any marked crosswalk.
(ii) Within fifteen (15) feet of the curb return of any unmarked
crosswalk.
(iii) Within ten (10) feet of any fire hydrant, fire call box, police call
box or other emergency facility.
(iv) Within ten (10) feet of any driveway.
(v) Within three (3) feet ahead or twenty-five (25) feet to the rear of
any sign marking a designated bus stop.
(vi) Within five (5) feet of the outer end of any bus bench.
(vii) At any location whereby the clear space for the passageway of
pedestrians is reduced to less than six (6) feet.
(viii) Within three (3) feet of or on any public area improved with
lawn, flowers, shrubs, trees or other landscaping, or within three
(3) feet of any display window of any building abutting the
sidewalk or parkway or in such a manner as to impede or
interfere with the reasonable use of such window for display
purposes.
(ix) Within one hundred (100) feet of any other Newsrack on the
same side of the street in the same block containing the same
issue or edition of the same publication.
(x) On any access ramp for disabled persons.
(5) No more than eight (8) Newsracks shall be located on any public right-
of-way within a space of two hundred (200) feet in any direction within
the same block of the same street; provided, however, that no more
than sixteen (16) Newsracks shall be allowed on any one block.
B. As between newspapers included within any single category of priority above,
the City Manager shall also be guided by the following criteria of priorities
whenever more than eight (8) newsracks are proposed for any one location
(two-hundred [200] foot space) or more than sixteen (16) Newsracks are
proposed for any one block:
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(1) First priority shall be daily publications (published five [5] or more days
per week).
(2) Second priority shall be publications published two (2) to four (4) days
per week.
(3) Third priority shall be publications published one (1) day per week.
(4) Fourth priority shall be publications published less than one (1) day per
week.
Section 10. Standards for Maintenance and Installation.
Any Newsrack which in whole or in part rests upon, in or over any public sidewalk
or parkway, shall comply with the following standards:
A. No Newsrack shall exceed five (5) feet in height, thirty (30) inches in width, or
two (2) feet in thickness.
B. No Newsrack shall be used for advertising signs or publicity purposes other
than that dealing with the display, sale, or purchase of the newspaper or news
periodical sold therein.
C. Each coin-operated Newsrack shall be equipped with a coin-return mechanism
to permit a person using the machine to secure an immediate refund in the
event the person is unable to receive the paid-for publication. The coin-return
mechanism shall be maintained in good working order.
D. Each Newsrack shall have affixed to it in a readily visible place so as to be
seen by anyone using the Newsrack, a notice setting forth the name and
address of the distributor and the telephone number of a working telephone
service to call to report a malfunction, or to secure a refund in the event of a
malfunction, or to secure a refund in the event of a malfunction of the coin-
return mechanism or to give the notices provided for in this Ordinance.
E. Each Newsrack shall be maintained by the Distributor in a neat and clean
condition and in good repair at all times. Specifically, but without limiting the
generality of the foregoing, each Newsrack shall be serviced and maintained so
that:
(1) It is reasonably free of dirt and grease;
(2) It is reasonably free of chipped, faded, peeling and cracked paint in the
visible painted areas thereof.
(3) It is reasonably free of rust and corrosion in the visible unpainted metal
areas thereon;
(4) The clear plastic or glass parts thereof, if any, through which the
publications therein are viewed are unbroken and reasonably free of
cracks, dents, blemishes and discoloration;
(5) The paper or cardboard parts or inserts thereof are reasonably free of
tears, peeling or fading; and
(6) The structural parts thereof are not broken or unduly misshapen.
Section 11. Violations.
Upon determination by the City Manager that a Newsrack has been installed, used
oi' maintained in violation of the provisions of this Ordinance, an order to correct the
offending condition shall be issued to the Distributor of the Newsrack. Such order shall
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be telephoned to the Distributor and confirmed by mailing a copy of the order by certified
mail return receipt requested. The order shall specifically describe the offending
condition, suggest actions necessary to correct the condition, and inform the Newsrack
Distributor of the right to appeal. Failure to properly correct the offending condition within
five (5) days (excluding Saturdays, Sundays, and legal holidays) after the mailing date of
the order or to appeal the order within three (3) days after its receipt shall result in the
offending Newsrack being summarily removed and processed as unclaimed property. If
the offending Newsrack is not properly identified as to owner under the provisions of
Section 8 hereof, it shall be removed immediately and processed as unclaimed property.
An impound fee, which shall be measured by the City's cost and expense of impounding,
shall be assessed against each Newsraok summarily removed. The City Manger shall
cause inspection to be made of the corrected condition or of a Newsrack reinstalled after
removal under this Section. The distributor of said Newsrack shall be charged a $10.00
inspection fee for each Newsrack so inspected. This charge shall be in addition to all
other fees and charges required under this Ordinance.
Section 12. Appeals.
Any person or entity aggrieved by a finding, determination, notice, order or action
taken under the provisions of this Ordinance may appeal and shall be apprised of his right
to appeal to the City's Special Master established pursuant to Ordinance No. 96-14. An
appeal must be perfected within ten (10) days after receipt of notice of any protested
decision or action by filing with the City Manger a letter of appeal briefly stating therein the
basis for such appeal. Prompt judicial review of the Special Master's decision shall be
provided pursuant to Sec. 15 of Ordinance No. 96-14.
Section 13. Abandonment.
In the event that a Newsrack remains empty for a period of thirty (30) continuous
days, the same shall be deemed abandoned, and may be treated in the manner as
provided in Section 11 for Newsracks in violation of the provisions of this Ordinance.
Section 14. 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 15. Conflicts.
All Ordinances or parts of Ordinances and all Resolutions or parts of Resolutions
in conflict herewith are repealed to the extent of such conflict.
Section 16. Effective Date.
This Ordinance shall be effective immediately upon adoption on second reading.
The foregoing Ordinance was offered by Councilmember , who moved
its adoption on first reading. The motion was seconded by Councilmember ,
and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Coun¢ilmember Harry Holzberg
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Councilmember Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Councilmember __, who moved its
adoption on second reading. The motion was seconded by Councilmember
and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this day of
PASSED AND ADOPTED on second reading this __ day of
,1996.
,1996.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Council /,..-~,
FROM: Eric M. Soroka, City~~nr. Er
DATE: September 10, 1996
N
SUBJECT: Ordinance Granting - xclusive
System, Inc.
Franchise to Peoples Gas
Ist Reading September 17, 1996 City Council Agenda Item ~/~
2nd Reading October 2, 1996 City Council Agenda Item ~,
Recommendation
It is recommended that the City Council adopt the attached Ordinance which grants a
non-exclusive franchise to Peoples Gas Systems, Inc. for gas services.
Backqround
As previously reported to the City Council, in the Revenue Soume Availability and
Projections, the City is permitted to award franchises for gas services utilizing the City's
rights-of-way. The attached Ordinance accomplishes the following:
1. Sets forth the applicable procedures and requirements for gas service
franchises.
2. Grants a non-exclusive franchise to Peoples Gas Systems, Inc.
3. Establishes the franchise fees (6%) and payment requirements in accordance
with state statutes.
If you have any questions, please feel free to contact me.
EMS/ne
Attachments
CC0087-96
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; GRANTING
TO PEOPLES GAS SYSTEM, INC. A NON-EXCLUSIVE FRANCHISE IN
THE CITY OF AVENTURA; AUTHORIZING PEOPLES GAS SYSTEM,
INC. TO USE THE PUBLIC RIGHTS-OF-WAY AND STREETS OF THE
CITY, FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING,
OPERATING AND EXTENDING GAS LINES IN THE STREETS AND
PUBLIC PLACES OF SAID CITY THEREON AND THEREUNDER;
PROVIDING FOR A FRANCHISE FEE; PROVIDING THE TERMS AND
CONDITIONS OF SUCH GRANT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Aventura finds it in the public interest to ensure that all
areas within its limits are adequately provided with high-quality and reliable gas service;
and
WHEREAS, the City of Aventura finds it in the public interest to retain regulatory
authority over the prevision of gas, to the extent allowed by law, because of the overriding
public health, safety and welfare considerations associated with the prevision of this
service; and
WHEREAS, the City of Aventura finds it in the public interest to retain control over
the use of public rights-of-way by providers of gas to ensure against interference with the
public convenience, to promote aesthetic considerations, to promote planned and efficient
use of limited right-of-way space, and to protect the public investment of right-of-way
property; and
WHEREAS, the City of Aventura finds it in the public interest to attract high-quality
providers of gas and that this can be accomplished by protecting capital investments of
gas utilities; and
WHEREAS, the City of Aventura finds it in the public interest to ensure that high
quality gas service is maintained through a responsive complaint handling procedure; and
WHEREAS, the City of Aventura finds that the provision of gas typically results in a
natural monopoly which, if not regulated, would have the power to operate without
adequate regard for the public interest; and
WHEREAS, the City of Aventura finds that the granting of nonexclusive franchises
is the best means of assuring that the above-described interests of the City of Aventura
are promoted;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA:
Section 1. Definitions. For the purpose of this Ordinance, the following terms
and words shall have the meaning given herein.
A. "City" shall mean the City of Aventura, its successors and assigns.
B. "Company" shall mean Peoples Gas System, Inc., its successors and assigns.
C. "Consumer" shall mean any person, firm or public or private corporation served
by the Company.
Section 2. Grant of Franchise. Permission is hereby granted Company to
construct, erect, suspend, install, extend, renew, repair, maintain, operate and conduct
within the limits of this franchise, a system for distribution of gas for all purposes
whatsoever upon, along, under and over the public roads, streets, and rights-of-way of
the City of Aventura.
Section 3. Terms and Limits of Franchise. This franchise is granted for a
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period of fifteen (15) years and covers the following geographical area: The corporate
limits of the City of Aventura as set forth in the Charter of the City of Aventura, as
amended from time to time. Company agrees that the limits of the franchise are subject
to expansion or reduction by annexation and contraction of municipal boundaries and that
Company has no vested right in a specific area.
Section 4. Franchise Fee; Payments. In consideration of the rights, privileges
and franchises herein granted, and to defray the cost of regulating the Company's
activities under this franchise, the Company shall pay to the City annually a sum equal to
six percent (6%) of the gross receipts of the Company from the sale of gas to residential,
commercial and industrial customers within the corporate limits of the City. In the event
the Company is granted a franchise from another municipality or government entity that
requires them to pay a franchise fee in excess of six percent (6%), then the City shall be
entitled to the higher franchise fee once it requests so in writing to the Company.
Impositions by the City will not be credited to or deducted from the franchise fee. The
annual payment shall be made to the City for each year that the permission granted
herein is in effect and shall be made to the City in four installments. The first, second and
third installments of the annual payment shall be based upon the gross receipts for the
first, second and third quarters, respectively, of the fiscal year and shall be made no later
than sixty (60) days following the end of these periods. The fourth installment of the
annual payment shall be made no later than sixty (60) days following the end of such
fiscal year, and shall be based upon such gross receipts for the fiscal year but shall be
adjusted to reflect payment of the first three installments. For purposes of this payment,
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such fiscal year shall end on September 30. The first such payment shall be based upon
receipts for the quarter of October, November and December 1996, and shall be made on
or before January 31, 1997. Payments shall be payable to the City of Aventura, Attention:
Finance Support Services Department, during regular business hours of the City.
Section 5. Transferability. The Company shall not sell or transfer any portion of
its plant or system to another, nor transfer any rights under this franchise to another
without City's prior written approval. The City Council will not unreasonably withhold its
consent to the transfer of this franchise. Notwithstanding the foregoing, Company may
transfer or assign any portion of its plant or system or the franchise or any rights
hereunder to its parent company or any other affiliate without City's prior approval.
Company shall notify City of any such transfer or assignment. No such sale or transfer
shall be effective until the vendee, assignee or lessee has filed with the City, Attention:
City Manager, an instrument, duly executed, reciting the fact of such sale, assignment or
lease, accepting the terms of the franchise, and agreeing to perform all the conditions
thereof.
Section 6. Forfeiture of this Franchise. Failure by the Company to comply in
any substantial respect with any of the provisions, terms, or requirements of this
franchise, shall result in a forfeiture. Said forfeiture shall be effective upon a finding by a
court of competent jurisdiction that Company has substantially breached any of the
provisions, terms or requirements of this franchise. Both the City and the Company
reserve the right of appeal of such court findings. If it is the non-prevailing party, the
Company shall have six (6) months after the final determination of the question to make
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restitution or make good the default or failure before forfeiture shall result. The City, at its
discretion by and through its City Administration, may grant additional time to the
Company for restitution and compliance as deemed appropriate by the City.
Section 7. Termination of Grant by Insolvency or Bankruptcy of Company.
In the event of a final adjudication of bankruptcy of the Company, the City shall have full
power and authority to terminate, revoke, and cancel any and all rights granted under the
provisions of this Ordinance.
Section 8. Hold Harmless. The City shall in no way be liable or responsible for
any accident or damage which may occur due to the construction, location, relocation,
operation or maintenance by the Company of equipment and vehicles subject to the
terms and conditions of this franchise. The Company hereby agrees to indemnify the City
and to hold it harmless against any and all liability, loss, cost, damage or any expense
connected with the Company's exercise of the rights or privileges provided hereunder,
including a reasonable attorney's fee incurred in the defense of any type of court action
related thereto, which may accrue to the City by reason of the negligence, default, other
misconduct, strict liability or act or omission of the Company in its construction, location,
relocation, operation or maintenance of the facilities, vehicles, or equipment subject to
this franchise.
Section 9. Review of billing records. City may, at its option and at its expense,
and upon reasonable notice to the Company, at any time examine the records of
operations accounting files, and books and records as such records relate to the
calculation of the franchise fee payments to the City, as provided herein, and to proper
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performance of other terms of this franchise. The examination of such books, accounts,
records or other materials necessary for determination of compliance with the terms,
provisions and requirements of this franchise shall be during regular hours of business of
the Company and at the corporate offices of the Company.
Section 10. Underground Installation. The Company shall install underground
extensions of all distribution lines that the Company has determined are necessary or
desirable.
Section 11. Successors and Assigns. Whenever in this Ordinance either the
City or the Company is named or referred to, it shall be deemed to include the respective
successor, successors or assigns of either, and all rights, privileges and obligations
herein conferred shall bind and inure to the benefit of such successor, successors or
assigns of the City or the Company. This shall not waive any restrictions against
assignments.
Section 12. Rates, Rules and Regulations.
A. The Company shall provide gas service within the limits of this franchise on
reasonable terms and conditions at just, reasonable and nondiscriminatory rates to all
who request said service during the term of this franchise and thereafter, as required by
law or by duly constituted public regulatory body.
B. Upon the written request of the City, the Company shall file with the City a
complete set of rules and regulations and a complete set of tariffs or rate schedules under
which gas service is provided under this franchise. The Company is subject to the rules
and regulations of the Florida Public Service Commission (FPSC). In the event that the
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FPSC, or other State regulatory, should be deprived of the authority to make rules and
regulations governing the Company, then the City shall have the right to set rules. Upon
the written request of City, Company shall also furnish any revisions of rules, regulations,
and rates.
Section 13. Right to Operate. The Company is hereby further given, granted
and vested with the right, authority, easement, privilege and franchise to construct, erect,
suspend, install, extend, renew, repair, maintain, operate and conduct within the limits of
this franchise riflings, appliances and appurtenances necessary or desirable to the
transmission, distribution or sale of natural gas for all purposes whatsoever. The
easements herein granted apply in, over, under, along, upon and across all streets,
avenues, alleys, ways, bridges and public places as they now exist or as they may
hereafter be laid out or extended within the limits of this franchise, including the further
right, privilege and franchise to construct, erect, suspend, install, extend, renew, repair
and maintain and operate riflings and all appliances and appurtenances necessary or
desirable to the generation and transmission within, unto, through, over and beyond the
limits of this franchise and to the furnishing, supplying and distributing to said area and
the inhabitants and gas consumers both within and beyond the limits thereof, of gas for all
purposes for which gas energy may be used now or hereafter, and the right to extend
lines and furnish gas energy beyond the limits of said franchise. The gas system facilities
and associated equipment and vehicles shall be located or relocated, erected or operated
so as to interfere as little as possible with vehicular and pedestrian traffic over, along and
across said public rights-of-way, streets, alleys, bridges, and public places and with
7
reasonable egress and ingress to abutting and adjoining property.
Section 14. Proper Operation. The fittings, appliances and appurtenances shall
be constructed in accordance with good engineering practices and so as not to
unreasonably interfere with the proper use and appearance of the streets, avenues,
alleys, ways, bridges, and public places in the franchise area and shall be maintained in
reasonably good condition and repair.
.Section 15. Excavation Maintenance and Restoration. Construction plans
shall be submitted and an Engineering Construction permit shall be obtained from the
Community Development Department Director or his designated representative prior to
the Company causing any opening or alteration to be made in any of the streets,
avenues, alleys, ways, bridges or public places within the franchise area for the purpose
of installing, maintaining, operating or repairing any fittings, appliances and
appurtenances. The work under this franchise shall be done subject to the supervision of
the City. The Company shall replace or properly relay and repair any sidewalk, street,
lawn, landscaping or swale that may be displaced by reason of such work. Whenever the
Company shall cause any opening or alteration to be made in any of the streets or public
places within the franchise area for the purpose of installing, maintaining, operating or
repairing any equipment, such work shall be completed at the Company's expense within
a reasonable time and the Company shall upon the completion of such work restore such
portion of the streets or other public places to as good or better condition as it was before
the opening or alteration was so made and will promptly remove any debris. Upon failure
of the Company to perform said repair or restoration, after twenty (20) days' notice
8
provided in writing by the City to the Company, the City may repair such portions of the
sidewalk, street, lawn, landscaping or swale that may have been disturbed by the
Company and collect the cost so incurred from the Company. The City shall promptly
provide to the Company all permits, licenses and other authorizations reasonably
necessary for the purpose of installing, maintaining, operating and repairing the system
and facilities. If the CITY shall require the COMPANY to adapt or conform its mains,
service pipe or other appurtenances, or in any way alter, relocate or change its property
to enable any other private person or corporation to use said street, alleys, easements or
public places, the Company shall be reimbursed by the private person or corporation
desiring or occasioning such change for any loss, cost or expense caused by or arising
out of such change, alteration or relocation of the Company's property.
Section 16. Interruption of Service. In the event the supply of gas should be
interrupted or fail by reason of any cause beyond the control of the Company, the
Company shall, at its own expense, restore the service within a reasonable time and such
interruption shall not constitute a breach of this franchise nor shall the Company be liable
for any loss or damages by reason of such interruption or failure. Failure to restore
service within a reasonable time shall be a material breach of this franchise. Any
substantial outage caused by the gross negligence or willful act of Company shall be a
material breach of this franchise.
Section 17. Metering of Service. The Company shall install and maintain meters
for measuring gas use, and shall have free access to the premises of the consumer, from
time to time, for the purpose of reading, repairing, testing and maintaining the meters and
9
appurtenances. Such meters shall remain the property of the Company.
Section '18. Complaints. All complaints shall be resolved by Company in
accordance with the Florida Public Service Commission rules and regulations.
Section '19. Surrender of Rights. As a further consideration for the granting of
the rights, privileges and franchises granted hereby, the Company surrenders all rights,
privileges and franchises heretofore granted by Dade County in the franchise area for any
of the purposes stated in this Ordinance and now enjoyed by the Company in the
franchise area; provided, however, that such surrender shall not be effective unless and
until this Ordinance shall be finally adopted and in effect and the rights, privileges and
franchises granted hereby shall be validly in force and effect.
Section 20. City's Right to Regulate Use of Streets not Abrogated Nothing in
this Ordinance shall be construed as a surrender by the City of its right or power to pass
ordinances regulating the use of its streets in accordance with City's police powers or
property rights.
Section 21. Written Acceptance by Company. The Company, its successors or
assigns, shall, within thirty (30) days after this Ordinance takes effect, file a written
acceptance of the Ordinance with the City.
Section 22. Repealer Provisions. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of this Ordinance are hereby
repealed.
Section 23. That this Ordinance shall take effect immediately upon adoption.
The foregoing Ordinance was offered by Vice Mayor Rogers-Libert, who moved
10
its adoption on first reading. This motion was seconded by Councilmember Perlow, and
upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Jay R. Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey Perlow yes
Vice Mayor Patricia Rogers-Libert yes
Mayor Arthur I. Snyder yes
The foregoing Ordinance was offered by Councilmember
who moved its adoption on
Councilmember
follows:
second reading. This motion was seconded by
, and upon being put to a vote, the vote was as
Councilmember Arthur Berger
Councilmember Jay R. 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 17th day of September, 1996.
PASSED AND ADOPTED on second reading this day of October, 1996.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/ne
11
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council y~
Eric M. Soroka, Cit
September 12, 1996
Ordinance Providing Fee Schedule for Public Records Requests
Ist Reading: September 17, 1996 City Council Agenda Item
Reading: October 2, 1996
City Council Agenda Item
Recommendation
It is recommended that the City Council adopt the attached ordinance which provides a
fee schedule for copies of public records and related services provided to interested
parties requesting same.
BackRround
As you know, we continue to receive requests from citizens and interested parties for
copies of City documents, including full agenda packets for each meeting. In order to
accommodate these requests and provide additional services, i.e. notarial and
certification of documents, we are recommending that a fee schedule be established
providing for charges for these services.
State law sets forth limits for specific charges for certain documents and services.
Those charges have been incorporated in the attached ordinance and may, from time
to time as mandated by state law, be amended. We anticipate adding other services
and charges (fingerprinting, photo I.D., etc.) when the Police Department is fully staffed
and these services can be made available. The ordinance would then be amended
accordingly.
Should you have any questions, please feel free to contact me.
EMS~ms
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, ESTABLISHING A SCHEDULE OF CHARGES
FOR PROVIDING COPIES AND/OR PHOTOCOPIES OF
CITY DOCUMENTS AND RELATED SERVICES;
PROVIDING A SCHEDULE OF FEES; PROVIDING FOR
SEVERABILITY AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council and Administration have, from time to time,
received requests from residents and other interested parties for copies and
photocopies of documents and records related to the City of Aventura; and
WHEREAS, the City Council wishes to provide interested citizens with certain
services such as notarial, fingerprinting, certification of documents and other related
services; and
WHEREAS, the City Council finds it necessary and appropriate to establish a
schedule of fees for such services.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That the schedule of fees attached hereto and made a part hereof
is hereby approved as the official fee for copies and services specified thereon.
Section 2. That charges may, from time to time, be amended upon
recommendation by the City Manager or in accordance with State Statutes, subject to
approval by City Council.
Section 3. 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
Ordinance No.
Page 2
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 Vice Mayor Rogers-Libert, who moved
its adoption on first reading. This motion was seconded by Councilmember Perlow, and
upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Jay R. Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey Perlow yes
Vice Mayor Patricia Rogers-Libert yes
Mayor Arthur I. Snyder yes
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 R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
2
Ordinance No.
Page 3
PASSED AND ADOPTED on first reading this 17th day of September, 1996.
PASSED AND ADOPTED on second reading this __ day of October, 1996.
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
ARTHURI. SNYDER, MAYOR
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
tms/9/l 1/96
3
CITY OF AVENTURA
FEES FOR COPIES, PHOTOCOPIES AND RELATED SERVICES
ANNUAL AUDIT ............................................................................................... $10.00
ANNUAL BUDGET
Bound .................................................................................................... $15.00
Per page .................................................................................................. $ .15
Double-sided ............................................................................................ $ .20
CERTIFICATION OF COPIES ........................................................................... $1.00
CITY CHARTER ................................................................................................ $ 5.00
CITY CODE BOOK* ....................................................................................... $200.00
SUPPLEMENTS* ......................................................................... Actual cost
plus $2.00 mailing and handling fee
MINUTES, VERBATIM .................................................................................... $15.00
plus $5.00 per page
MISCELLANEOUS COPIES OF:
Ordinances, Resolutions, Documents, City Records
Memoranda or Items Not Specifically Listed Herein
Per page .................................................................................................. $ .15
Double-sided ............................................................................................ $ .20
Over-sized documents ................................................................. Actual cost
of duplication
NOTARY SERVICE ............................................................................................ $2.00
Free to residents with I.D.
TAPE RECORDINGS, COPIES OF
Per Cassette .......................................................................................... $10.00
*When Available Ordinance No. 96-__
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council t~
Eric M. Soroka, Ci
September 13, 1996
Solid Waste Collection Franchise Ordinance
First Reading: September 17, 1996
Second Reading: October 2, 1996
Council Agenda Item
CouncilAgendaltem ~-.,
Recommendation
It is recommended that the City Council adopt the attached ordinance which
establishes the franchise process for solid waste haulers and the franchise fee
requirements.
Backqround
As previously discussed, the City is permitted to establish a process for issuing
solid waste collection franchises to private haulers. The attached ordinance
would award franchises on an annual basis to companies serving the City and
provide for the collection of a 10% franchise fee, The attached ordinance also
accomplishes the following:
All private haulers operating in the City would be required to obtain a
franchise from the City.
2. Sets forth the application requirements and operating procedures.
Allows current haulers who operated in the City prior to November 7, 1996 to
continue to provide service for a 90-day period until the application has been
approved or denied. However, they would be required to remit franchise fees
to the City.
4. Establishes customer service requirements.
5. In the event of a storm or emergency, all haulers would be required to assist
in the cleanup efforts.
As per the Council's direction at the Workshop Meeting, the ordinance has been
designed to provide for the annual award of franchises which provides flexibility
to the City in the event the Council desires to seek alternatives to service
delivery.
If you have any questions, please feel free to contact me.
EMS/tms
attachment
CC:
BFI (w/enc.)
Broward-Dade Sanitation, Inc. (w/enc.)
Waste Management (w/enc.)
Coastal Carting Corporation (w/enc.)
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Eric M. So roka, Ci~~r
~t;mwbae~t~ 7~ ~ ~tio~l~ n c h isa Ordinance
Based upon ongoing conversations with members of the solid waste community, we are
continuing our review of this Ordinance and a revised document may be presented to
Council on Monday. The Ordinance as passed on first reading is attached.
EMS/tms
attachment
CCOLO6-96
ORDINANCENO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
PROVIDING FOR THE ISSUANCE OF SOLID WASTE
COLLECTION FRANCHISES; REQUIRING FRANCHISE
FOR SOLID WASTE COLLECTIONS; IMPOSING
FRANCHISE FEE FOR SOLID WASTE COLLECTION
ACTIVITIES; AWARDING FRANCHISES TO CERTAIN
PERMITTED PRIVATE HAULERS; PROVIDING FOR
SEVERABILITY, PENALTY AND AN EFFECTIVE DATE.
WHEREAS, the City of Aventura (the "City") has the authority to require persons
and entities engaging in the business of the collection of solid waste in the City to obtain a
franchise from the City and to pay solid waste collection franchise fees imposed by the
City; and
WHEREAS, the City Council desires to issue such franchises and to impose such
franchise fees, as a pementage of gross receipts, as set forth in this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AS FOLLOWS:
Section 1. The City of Aventura Solid Waste Franchise Ordinance is hereby
created to read as follows:
Section 1.01. Definitions.
The following words and phrases, when used in this
Ordinance, shall have the meanings ascribed to them in this
section.
(a) Commercial Establishment: Any structure used or
constructed for use for business operations. For purposes of
this Ordinance, hotels and motels are commercial
establishments.
not include any
establishment.
The term "commercial establishment" shall
residential unit or multi-family residential
(b) Customer: A person who uses the solid waste or
recycling services of a Private Hauler.
(c) Multi-family Residential Establishment: Any structure
other than a residential unit which is used, or constructed for
use, as a multiple dwelling facility. Multi-family residential
establishments shall include, without limitation, rooming
house, tourist court, trailer park, apartment building with rental
or cooperative apartments, or multiple story condominiums
with common means of ingress and egress.
(d) Franchisee: The named person who obtains a franchise
from the City pursuant to this Ordinance.
(e) Person: Any natural person, individual, public or private
corporation, firm, partnership, association, joint venture,
municipality, or any combination of such, jointly or severally.
(f) Private Solid Waste Hauler (Collector); Private Hauler;
Hauler: Any person, entity, corporation or partnership that
removes, collects and transports for disposal for hire any solid
waste over the streets or public rights-of-way within the
incorporated area of the City.
(g) Residential Unit: Any structure which is used, or
constructed for use, as a single-family dwelling, duplex,
cluster house or townhouse, and which is located on a single
lot, parcel or tract of land. For the purposes of this chapter,
any condominium structure composed of privately-owned,
single family housing units with separate means of ingress of
egress and containing no more than two stories shall be
considered a residential unit. The term "Residential Unit"
shall not include any multi-family residential establishment.
(h) Solid Waste: Garbage, trash, litter, yard trash, hazardous
waste, construction and demolition debris, industrial waste, or
other discarded material, including solid or contained gaseous
material resulting from domestic, industrial, commercial,
mining, agricultural or governmental operations.
(i) Solid Waste Disposal: Disposition of solid waste by
means of combustion, land filling or other final method of
discard.
Section '1.02.
Franchise Required by the City for
Solid Waste Collection.
(1) it shall be unlawful for any Person to remove, collect and
transport for disposal from any Commercial Establishment,
Multi-family Residential Establishment or Residential Unit in
the City, Solid Waste or recyclable material over the streets or
public right-of-way within the incorporated area of the City
without first applying for and receiving the appropriate Solid
Waste Franchise from the City to carry on such business.
(2) The Franchise required by this section shall be in addition
to any other permits, registration or occupational license
which may be required by federal, state or local law.
Section 1.03. Application for Franchise.
Applications for a Franchise shall be made to the City upon
such form and in such manner as shall be prescribed by the
City Manager, said form to elicit the following information and
to be accompanied by supporting documents and such other
information as may be required by the City Manager from time
to time:
(a)
Name of applicant, if the applicant is a partnership or
corporation, the name(s) and business address(es) of
the principal officers and stockholders and other
persons having any financial or controlling interest in
the partnership or corporation. Provided, however, that
if the corporation is a publicly owned corporation
having more than twenty-five (25) shareholders, then
only the names and business addresses of the local
managing officers shall be required.
(b)
Character of applicant. The applicant for a permit
under this section, if an individual or in the case of a
firm, corporation, partnership, association or
organization, any person having any financial,
(c)
controlling or managerial interest therein, shall be of
good moral character. In making such determination,
the following information, which shall be submitted by
applicant, shall be considered:
Penal history. If the applicant is an individual, a
record of all conviction and the reasons therefor
shall be provided by the applicant. If the
applicant is other than an individual, then the
record of all convictions and the reason therefor
of the principal controlling officers of applicant
shall be provided. Provided, however, that in
the case of a publicly held corporation having
twenty-five (25) or more shareholders, then only
the aforementioned information applicable to its
local managing officers shall be required.
(2)
Business history. Whether such applicant has
operated a solid waste collection-removal
business in this or another state under a
franchise, permit or license and if so, where and
whether such franchise, permit or license has
ever been revoked or suspended and the
reasons therefor.
(3)
Existence of business entity. If applicant is a
corporation, applicant shall submit proof of
incorporation in good standing in the state of
incorporation and, if a foreign corporation,
applicant shall provide information certifying that
applicant is qualified to do business in the State
of Florida. If applicant is other than a
corporation and is operating under a fictitious
name, applicant shall be required to submit
information that such fictitious name is
registered and held by applicant.
Equipment and method of operation. The applicant for
a Franchise shall possess equipment capable of
providing safe and efficient service. In making such a
determination and approving the method of operation
for each applicant, the City Manager shall require the
following information:
(d)
(1)
The type, number and complete description of
all equipment to be used by the applicant for
providing service pursuant to this chapter.
(2)
A statement that the applicant will use Dade
County-owned facilities for disposing of all solid
waste which the applicant collects and removes,
or those facilities not owned by the County
which have been approved by the State
Department of Environmental Regulation.
(3)
The names of customers and addresses of
each location served. Franchisees applying for
renewals shall not be required to submit the
information specified in Section 1.03(c)(3)
above, but shall instead be required to submit
the information specified in Section 1.09.
Insurance requirements. The applicant for a Franchise
shall maintain insurance as specified herein and shall
furnish a public liability policy to the City and also file
with the City a certificate of insurance for all policies
written in the applicant's name. This certificate shall
provide that the policies contain an endorsement
requiring that the City shall be furnished with ten (10)
days' written notice by registered mail prior to
cancellation or material changes in the policies.
(1)
Comprehensive general liability. The applicant
shall carry in his own name a policy covering his
operations in an amount not less than three
hundred thousand dollars ($300,000.00) per
occurrence for bodily injury and Two hundred
thousand dollars ($200,000.00) per occurrence
for property damage liability.
(2)
Vehicle liability insurance. Applicants for a
permit shall maintain vehicle liability insurance
covering each vehicle utilized in the business of
solid waste collection and disposal in an amount
not less than one million dollars ($1,000,000.00)
combined single limit per occurrence.
5
(3) Liability of the City. The above insurance
requirements shall not be construed as imposing
upon the City or any official or employee thereof
any liability or responsibility for injury to any person
or property by the insured, his agents or
employees.
(e)
Customer List. The applicant for a Franchise shall
provide a list of existing customers in the City, service
levels and the fees charged for same.
Proof of County and/or State Permits and Licenses.
The applicant for a Franchise shall provide proof of
county and/or state permits and licenses.
(g)
The completed application shall be submitted to the
City. Upon receipt of a completed application, the City
Manager or his designated representative shall review
said application and, if satisfactory in all respects, and
after payment of required application fee of One
Thousand ($1,000.00) Dollars, shall issue the
Franchise.
Section 1.04.
Denial of Franchise.
Should the City Manager deny an application for a Franchise,
he shall notify the applicant of such denial by certified mail not
later than fourteen (14) days after taking such action. The
notice of denial shall contain a statement of the reasons why
the application was denied.
Section 1.05.
Appeal from City Manager's denial of
Franchise; appeal from revocation of
Franchise under Section 1.11.
The denial or revocation of a Franchise by the City Manager
may be appealed to the City Council. The notice of appeal
shall be filed in writing with the City Manager no later than
fourteen (14) days after the receipt of the certified letter
advising applicant of the denial or revocation.
The City Manager shall fix the date and time for hearing the
appeal. Said hearing shall be held not less then fourteen (14)
nor more than sixty (60) days after receipt of the notice of
appeal. The City Council shall either affirm the decision of the
City Manager or direct the City Manager to issue or reinstate
the Franchise.
Section 1.06.
Term of Franchise.
Franchises awarded pursuant to the provisions of this
Ordinance shall expire one (1) year from the date of issuance.
Section 1.07
Renewal of Franchise.
A Franchise may be renewed from year to year by the City
Manager. Any such renewal may be subject to the same
terms and conditions applicable to the issuance of the original
Franchise. The City Manager shall charge and collect
renewal permit fees in the amount of One Thousand
($1,000.00) Dollars.
Section 1.08.
Transfer of Franchise prohibited.
No Franchise for the collection of solid waste issued under the
provisions of this ordinance may be assigned or transferred.
In the event of any change in ownership and/or name of the
corporation or partnership, formal notification shall be given
the City Manager within thirty (30) days thereof.
Section 1.09.
Information required of Franchisee.
At least annually, but not more frequently than quarterly as
determined by the City Manager, each Franchisee shall
supply the following information on a form and in the manner
prescribed by the City Manager:
(a)
A listing, which is organized as prescribed by the City
Manager, as of the reporting date, of the names and
addresses of Customers, and the addresses of each
location served. For each customer on the list, the
Private Hauler will indicate the following: (1) whether
the Customer served is a Multi-family Residential or
Commemial Establishment; and (2) whether the
service provided is solid waste collection, recycling, or
a combination of both; and (3) a listing of those
materials being recycled at each Customer location;
and (4) the name of a Customer contact person who
can provide additional information regarding the
recycling program.
(b)
A summary of the number of tons of solid waste
collected quarterly based on scheduled service, as of
the reporting date.
(c)
A summary of the number of tons of recyclable
material collected and marketed quarterly, on a
schedule and format prescribed by the City Manager.
Section 1.10.
Disposal required at County-approved
facilities.
Any and all Solid Waste collected by a Franchisee within the
City shall be disposed of only at the solid waste disposal
facilities provided, operated and designated or approved by
the Dade County Department of Solid Waste Management
("County Facilities") and at no other location or facility except
those which have heretofore been approved by the
Department of Environmental Regulation. City may restrict
Franchisees to the use of County Facilities, if required by a
County/City Interlocal Agreement.
Section 1.11.
Revocation of Franchise.
(a) The following shall constitute cause for revocation of a
solid waste Franchise by the City Manager: (1) the violation
of any of the provisions of the Ordinance of City or the Code
of Metropolitan Dade County which violation endangers the
public health, safety or welfare; or (2) the violation of any of
terms or conditions of the Franchise; or (3) the failure to
promptly pay the Franchise fee provided for in this Ordinance.
(b) The City Manager may revoke a Franchise for a violation
or violations as aforementioned and may immediately declare
such Franchise null and void, and upon such declaration, the
Franchisee shall immediately cease all operation and shall be
considered to have forfeited said Franchise and the rights
8
acquired thereunder. Upon a determination by the City
Manager that a Franchise shall be revoked, the affected
person shall provided with written notice of such revocation
and the reasons therefor. Upon receipt of such notice, the
affected person may appeal said revocation to the City
Manager and the appeal and hearing thereon shall be
conducted in accordance with the procedures set forth in
Section 1.05.
Section 1.12.
Solid Waste Collection Franchise Fee
Payable to City.
It shall be unlawful for any Private Hauler operating in the City
to either collect, remove, or transport from properties in the
City solid waste for disposal without payment of a solid waste
Franchise fee to the City.
Commencing upon the effective date of this Ordinance, and
continuing monthly thereafter on the 15th day of each and
every month, each Private Hauler operating in the City shall:
a) file a report with the City Manager. The report shall
designate the names and addresses of each account located
in the City that was provided Solid Waste collection and
disposal service by the Private Hauler for the preceding
month. The report shall include the gross monthly solid waste
collection and disposal service fee receipts of all such
accounts, which report shall be subject to audit by the City;
and b) Simultaneously with the filing of such report, each
Private Hauler shall pay to the City a Franchise fee equal to
ten (10%) percent of the total gross monthly solid waste
collection and disposal service fee receipts of all of its
accounts which are located in the City, as reflected on each
monthly report.
An additional monthly surcharge, equal to one (1) percent of
total gross monthly service fee receipts for the preceding
month, as reported to the City Manager, shall be payable to
the City if the ten (10%) percent Franchise fee is not paid by
the 15th of the month by the Private Hauler.
Section 1.13.
Recordkeeping.
Each Private Hauler is hereby required to establish and
maintain appropriate records, showing in such detail as the
City Manager may prescribe, the amount of monthly solid
waste collection and disposal service fee receipts of each
account provided solid waste collection and disposal services
which is located in the City. All such records shall be open to
inspection by the City Manager or his duly authorized agent at
all reasonable times. The City Manager is hereby authorized
and empowered to promulgate from time to time such rules
and regulations with respect to the establishment and
maintenance of such records as he or she may deem
necessary to carry into effect the purpose and intent of the
provisions hereof.
Section 1.14.
Franchise Granted, County Permit Holders,
Others.
A. Each Private Hauler who has held a permit in good
standing from Metropolitan Dade County on or immediately
prior to November 7, 1995 (date of incorporation of the City)
pursuant to County Code 15-17 shall be allowed to continue
to provide service in the City for a ninety (90) day period until
a Franchise application has been approved or denied by the
City, so long as the Private Hauler meets all of the
requirements of this Ordinance.
B. Each Franchise awarded pursuant to this ordinance is
subject to compliance with all of the terms and conditions
hereof except that the Franchisee eligible under Sec. 1.14A
may supplement the documentary materials and information
which was provided by Franchisee to secure a permit from
Metropolitan Dade County to meet the application
requirements of this Ordinance, as determined by the City
Manager. This shall not waive the fee required by Section
1.03 (g)
C. The Franchise granted shall confer to Franchisee the
right to operate upon the public streets of City to provide the
Solid Waste collection services in accordance with the terms
hereof.
Section 1.15
Rates for Services.
Franchisee shall file with the City Manager a current copy of
l0
its rate schedule for services provided in the City. Such rates
must be fair and reasonable.
Section 1.16
Restoration.
The Franchisee agrees to repair all property, public or private,
altered or damaged by it, its agents or employees in the
performance of its services herein in as good or better
condition as it was before being damaged or altered.
Section 1.17
Compliance with Laws.
Franchisee shall conduct operations under this Ordinance in
compliance with all applicable laws.
Section 1.18
Services Provided.
Services provided by Franchisee shall comply with the City's
ordinance governing the time and frequency of Solid Waste
Collection and removal.
Section 1.19
Office and Collection Hours.
A. The Franchisee's office shall remain open Monday through
Friday from 8:30 a.m. to 5:00 p.m. for the purpose of handling
complaints; and for that purpose, there shall be maintained an
adequate number of telephones and a responsible person in
charge during the hours specified above. These
requirements do not apply on legal holidays.
B. Collections shall normally be made in residential areas no
earlier than 6 a.m. and no later that 7 p.m. (or as otherwise
prescribed by City) with no service on Sunday, except in time
of emergency or to maintain schedules due to Holidays.
Changes to these hours must be approved by the City
Manager.
Section 1.20
Collection Equipment.
The Franchisee shall have on hand at all times sufficient
equipment in good working order to permit Franchisee to
perform its duties hereunder fully, adequately, and efficiently.
Equipment shall be purchased from nationally known and
11
recognized manufacturers of garbage collection and disposal
equipment. Garbage collection equipment shall be kept
clean, sanitary, neat in appearance and in good repair at all
times. The Franchisee shall at all times have available to it,
reserve equipment which can be put into service and
operation within two (2) hours of any breakdown. Such
reserve equipment shall substantially correspond, in size and
capability, to the equipment normally used by the Franchisee
to perform its duties hereunder.
Section 1.21
Spillage and Litter.
The Franchisee shall not litter premises in the process of
making collection, but shall not be required to collect any
waste material that has not been placed in approved
containers or in a manner herein provided. During hauling, all
solid waste shall be contained, tied or enclosed so that
leaking, spilling or blowing are prevented. In the event of
spillage by the Franchisee, the Franchisee shall promptly
clean up the litter.
Section 1.22
Storms and Other Emergencies.
In case of an unusually severe storm or disruption caused by
other severe emergencies not caused by Franchisee, City
Manager may grant Franchisee reasonable variance from
regular schedules. As soon as practicable after such storm or
other emergency, Franchisee shall inform the City of the
estimated time required before regular schedules and routes
can be resumed and, upon request of City Manager,
Franchisee shall provide notice to residential premises in the
service area. In event of a storm or emergency requiring
mass cleanup operations, Franchisee, shall, upon direction of
City, participate in said cleanup to the extent directed by the
City. Where it is necessary for the Franchisee and the City to
acquire additional equipment and to hire extra crews to clean
the City of debris and refuse resulting from the storm or
disaster, the Franchisee shall work with the City in all ways
possible for efficient and rapid cleanup.
Section 1.23
Nondiscrimination Provision.
The Franchisee agrees that it has adopted and will maintain
12
and enforce a policy of nondiscrimination on the basis of race,
color, religion, sex, age, handicap, disability or national origin.
Said nondiscrimination policy shall apply to employment
practices of the Franchisee and the provisions of services.
The Franchisee agrees that on written request, it will permit
reasonable access to its records of employment, employment
advertisement, application forms, and other pertinent data
and records by City for the purposes of investigation to
ascertain compliance with the non-discrimination provisions of
this franchise, provided, however, that Franchisee shall not be
required to produce for inspection any records covering any
period of time more than two (2) years prior to the date of this
franchise.
Section 1.24
Complaints.
All complaints shall be investigated and resolved by
Franchisee within twenty-four (24) hours. Franchisee shall
supply the City Manager with copies of all Customer
complaints on a monthly basis and indicate disposition of
each. Such records shall be available for inspection by City at
all times during business hours specified herein. The form
shall indicate the day and hours on which the complaint was
received and the day and hour on which it was resolved.
When a complaint is received on the day preceding a holiday
or on a Saturday, it shall be serviced on the next working day.
The Franchisee shall establish procedures acceptable to City
to insure that all Customers are notified as to the complaint
procedure.
Section 1.25
Franchise Non-Exclusive
A. Any Franchise granted by this Ordinance is non-
exclusive, and City reserves the right to award additional
Franchises or utilize other Solid Waste collection programs.
B. Nothing herein shall authorize collection of Solid Waste
in areas of the City serviced by Dade County prior to
November 7, 1995 without specific approval of the City.
Section 1.26
Rights Reserved.
City reserves the right to adopt ordinances regulating the
13
services provided hereunder.
Section 1.27
Surrender of Rights.
As a further consideration for the granting of the rights,
privileges and franchises granted hereby, the Company
surrenders all rights, privileges and franchises heretofore
granted by Dade Couny in the franchise area for any of the
purposes stated in this Ordinance and now enjoyed by the
Franchisee in the franchise area; provided, however, that
such surrender shall not be effective unless and until this
Ordinance shall be finally adopted and in effect and the rights,
privileges and franchises granted hereby shall be validly in
force and effect.
Section 1.28
City's Right to Regulate Use of Streets
not Abrogated.
Nothing in this Ordinance shall be construed as a surrender
by the City of its right or power to pass ordinances regulating
the use of its streets in accordance with City's police powers
or property rights.
Section 1.29 Effective Date.
This ordinance shall take effect immediately upon its final
passage and adoption. Each Franchise granted pursuant to
this Ordinance shall become effective when the Franchise
application is granted and Franchisee files with City its written
acceptance thereof in a form approved by the City Attorney.
Section 2. 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 3. Inclusion In the Code. It is the intention of the City Council, and it is
hereby ordained that the provisions of this Ordinance shall become and made a part of
the City of Aventura Code; that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "Ordinance" shall be changed
to "Section" or other appropriate word.
Section 4. 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 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 5. Effective Date. This ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Vice Mayor Rogers-Libert who moved its
adoption on first reading. The motion was seconded by Councilmember Cohen, and
upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
yes
yes
yes
yes
yes
yes
yes
15
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 R. Beskin
Councilmember Ken Cohen
Councilmember Harry Hoizberg
Councilmember Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 17th day of September, 1996.
PASSED AND ADOPTED on second reading this day of , 1996.
ARTHURI. SNYDER. MAYOR
ATTEST:
TERESA M SMITH, CMC
CiTY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council y~r
Eric M. Soroka, Cit ~
September 13, 1996
Ordinance Providing for the Establishment of Building Permit and
Development Review Fees
Ist Reading September 17, 1996 City Council Agenda Item
2"d Reading October 2, 1996 City Council Agenda Item ~'
Recommendation
It is recommended that the City Council adopt the attached Ordinance which provides
for the establishment by Resolution of building permit and development review fees to
be charged by the City.
Back.qround
We are in the process of establishing the various building permit fee schedules and
development review fee schedules to be charged by the Community Development
Department. In order to adopt the fee schedules by Resolution, the attached Ordinance
was prepared for Council consideration.
The actual fee schedule Resolution will appear on the October 2, 1996 agenda to
coincide with the second reading of this Ordinance.
If you have any questions, please feel free to contact me.
EMS/ne
Attachments
CC0089-96
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
PROVIDING A FEE SCHEDULE FOR BUILDING PERMIT
FEES; PROVIDING A FEE SCHEDULE FOR ZONING AND
PLANNING APPLICATIONS; REPLACING
METROPOLITAN DADE COUNTY FEE SCHEDULE;
PROVIDING FOR SEVERABILITY, INCLUSION IN THE
CODE AND AN EFFECTIVE DATE.
WHEREAS, the City is authorized by state law to provide for fees for the issuance
of building permits and for the consideration and processing of applications for zoning
and planning approvals, including re-zonings, variances, appeals of administrative
interpretations and other building, zoning and planning regulatory services provided by
the City; and
WHEREAS, pursuant to Sec. 8.04 of the City Charter, the Building and Zoning fee
schedules provided by Metropolitan Dade County have previously been utilized by the
City for the purpose of determining the applicable fees for building permits and zoning
applications; and
WHEREAS, the City Council finds that it is necessary to implement a mechanism
to enable the City to establish and adjust, from time to time, the applicable building permit
and zoning and planning application fees; and
WHEREAS, the City Council finds that this ordinance shall accomplish such
purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. The City is hereby authorized to impose fees for the issuance of
building permits, provision of inspections, issuance of certificates of completion or
Ord. No. 96-
Page 2
occupancy and related services of the Community Development Department. Such fees
shall be set and may be amended from time to time by resolution of the City Council
following a public hearing.
Section 2. The City is hereby authorized to impose fees for the filing and
processing of zoning and planning applications, including applications for variances,
rezonings, comprehensive plan amendments, appeals of administrative interpretations
and other zoning or planning related services provided by the Community Development
Department. Such fees shall be set and may be amended from time to time by resolution
of the City Council following a public hearing.
Section 3. Replacing Metropolitan Dade County Fee Schedule. The building
permit and zoning and planning application fees provided by this ordinance shall replace
the building permit and zoning and planning application fees previously provided by
administrative order of Metropolitan Dade County for building, zoning and planning
services, as made applicable by City Charter Section 8.04.
Section 4. 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 5. Inclusion in the Code. It is the intention of the City Council, and it is
hereby ordained that the provisions of this Ordinance shall become and made a part of
the Code of Aventura, Florida; that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "Ordinance" shall be changed
Ord. No. 96-
Page $
to "Section" or other appropriate word.
Section 6. Effective Date. This Ordinance shall be effective upon adoption on
second reading.
The foregoing Ordinance was offered by Vice Mayor Rogers-Libert, who moved
its adoption on first reading. This motion was seconded by Coun¢ilmember Perlow, and
upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Jay R. Beskin yes
Councilmember Ken Cohen yes
Coun¢ilmember Harry Holzberg yes
Councilmember Jeffrey M. Perlow yes
Vice Mayor Patricia Rogers-Libert yes
Mayor Arthur I. Snyder yes
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 R. Beskin
Councilmember Ken Cohen
Coun¢ilmember Harry Holzberg
Coun¢ilmember Jeffrey Perlow
Vice Mayor Patri¢ia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 17th day of September, 1996.
3
Ord. No. 96-
Page 4
PASSED
AND ADOPTED on second reading this
,1996.
day
of
ARTHUR I. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC, CITY CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
CITY A'I-rORNEY
EMS/tms
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Council t~n~r
Eric M. Soroka, Ci
September 24, 1996 "~
Ordinance Granting Non-Exclusive Franchise
Telecommunications, Inc.
to BellSouth
Ist Reading September 4, 1996 City Council Agenda Item 6C
2"d Reading September 17, 1996 City Council Agenda Item 7B,,,,, (continued)
2"d Reading October 2, 1996 City Council Agenda Item ~' E
Recommendation
It is recommended that the City Council adopt the attached Ordinance which grants a
non-exclusive franchise to BellSouth Telecommunications, Inc. for telephone services.
Since the last Council meeting, the City Attorney and I met with the representatives
from BellSouth. We have agreed to make several revisions to address concerns raised
by BellSouth. Attached is a "redlined" version of the original Ordinance which indicates
the revisions.
Background
As previously reported to the City Council, in the Revenue Source Availability and
Projections, the City is permitted to award franchises for telephone services utilizing the
City's rights-of-way. The attached Ordinance accomplishes the following:
1. Sets forth the applicable procedures and requirements for telephone service
franchises.
2. Grants a non-exclusive franchise to BellSouth Telecommunications, Inc.
3. Establishes the franchise fees and payment requirements in accordance with
state statutes.
If you have any questions, please feel free to contact me.
EMS/ne
Attachments
CC0070-96
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; GRANTING
TO BELLSOUTH TELECOMMUNICATIONS, INC. A NON-EXCLUSIVE
FRANCHISE IN THE CITY OF AVENTURA; AUTHORIZING BELLSOUTH
TELECOMMUNICATIONS, INC. TO USE THE PUBLIC RIGHTS-OF-WAY
AND STREETS OF THE CITY, FOR THE PURPOSE OF ERECTING,
CONSTRUCTING, MAINTAINING AND OPERATING LINES OF
TELEPHONE EQUIPMENT THEREON AND THEREUNDER; PROVIDING
FOR A FRANCHISE FEE; PROVIDING THE TERMS AND CONDITIONS
OF SUCH GRANT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Aventura finds it in the public interest to retain control over
the use of public rights-of-way by providers of Telephone Services to ensure against
interference with the public convenience, to promote aesthetic considerations, to promote
planned and efficient use of limited right-of-way space, and to protect the public authority
over right-of-way property; and
WHEREAS, the City of Aventura finds that the granting of nonexclusive franchises
is the best means of assuring that the interests of the City of Aventura are promoted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA THAT:
Section '1.. Grant of Franchise. Permission is hereby granted to BellSouth
Telecommunications, Inc, its successors and assigns (the "Company") to construct,
maintain and operate lines of telephone equipment, including the necessary conduits,
poles, cables, electrical conductors, fiber optics and digital technology fixtures upon,
along, under and over the public roads, streets, and rights-of-way of the City of Aventura,
Florida as its telephone and telegraph business may from time to time require.
Section 2. Term and Limits of Franchise. This non-exclusive franchise is
granted for a period of fifteen (15) years and covers the following geographical area: The
corporate limits of the City of Aventura as set forth in the Charter of the City of Aventura,
as amended from time to time. Company agrees that the limits of the franchise are
subject to expansion or reduction by annexation and contraction of municipal boundaries
and that the Company has no vested right in a specific area. The City shall notify the
Company of any annexation or contraction of municipal boundaries and provide thP.
Company a map of the new boundaries in a timely manner. The Company shall tak~.
prompt action to implement computations and corresponding payments for annexation or
contraction and notify City of effective date of same.
Section 3. Franchise Fee; Payments. In consideration of the rights, privileges
and franchises herein granted, and to defray the cost of regulating the Company's
activities under this franchise, the Company shall pay to the City annually a sum equal to
one pement (1%) of the gross receipts of the Company on recurring local service
revenues for services provided within the corporate limits of the City. Impositions by the
City, except ad valorem taxes and amounts for assessments for special benefits such as
sidewalks, street paving, and similar improvements, will not be credited to or deducted
from the franchise fee. In the event that applicable law permits the City to collect a
franchise fee higher than 1%, or permits the City to calculate the franchise fee on
revenues not specified herein, the Company agrees to automatically increase its
franchise fee payments to the City to that higher amount as of the effective date of such
law. The annual payment shall be made to the City for each year that the permission
2
granted herein is in effect and shall be made to the City in four installments. The first,
second and third installments of the annual payment shall be based upon the gross
receipts for the first, second and third quarters, respectively, of the fiscal year and shall be
made no later than sixty (60) days following the end of these periods. The fourth
installment of the annual payment shall be made no later than sixty (60) days following
the end of such fiscal year, and shall be based upon such gross receipts for the fiscal
year but shall be adjusted to reflect payment of the first three installments. For purposes
of this payment, such fiscal year shall end on September 30. The first such payment shall
be based upon receipts for the quarter ofv.,,,~"~" .^.~.~.* .~.._""'~ vv,..v,,,~..,e""+""'~'"- October,
November and December 1996, and shall be made on or before O~cbcr January 31,
19967. Payments shall be payable to the City of Aventura, Attention: Finance Support
Services Department, during regular business hours of the City.
Section 4 Review of billing records r.;,. ...... , ~,~ ..~+; .... .~ .., ~, ........
,~... ~. ......... .~ .., ,~. ........ ,....m .... ~ ,~... r,....~.,~,,, If th City wishes t if,/the
......... ~.-.., ............. ,- ....................... ~._, .~.e over
payments to the City under this Ordinance, the Company shall permit the City or a
desi.qnated representative of the City, upon reasonable advance written notice, to review
3
the Company's billing and payment records, upon which the payments were based,
during normal business hours at the location of the Company where such records are
maintained. However, no Company records may be taken from the Company's premises,
and the City shall maintain the confidentialiW of the information disclosed in these
records and use the information solely for the purposes of verifying payments by the
Company. Such Company records shall be maintained by the Company for the period
prescribed by the Federal Communications Commission and/or the Florida Public Service
Commission.
Section 5, Transferability -r~.^ Ccm~n:.' "~"' ""+ """ c; ~ .... ~ ........ ~;" of
cc,",d!t!cnc thc;ccf. If the riqhts granted herein to the Company are transferred or
assi.qned by the Company to any third party incident to a sale or other transfer of the
Company's system or plant, the transferee or assignee shall be obligated to comply with
all of the terms and conditions of this Ordinance.
Section 6. Forfeiture of this Franchise. Failure by the Company to comply in
any substantial respect with any of the provisions, terms, or requirements of this franchise
shall ;csu!t :,", c ....... ute be .qrounds for a forfeiture of the permission granted herein.
4
Said forfeiture shall be effective upon a finding by a court of competent jurisdiction that
the Company has substantially breached any of the provisions, terms or requirements of
this franchise. Both the City and the Company reserve the right of appeal of such court
findings. If it is the non-prevailing party, the Company shall have six (6) months after the
final judicial determination of the question to make restitution or make good the default or
failure before forfeiture shall result. The City, at its discretion by and through its City
Administration, may grant additional time to the Company for restitution and compliance
as deemed appropriate by the City.
Section 7 Hold Harmless
.......
tc cfr """';
c'Jch ..;";.,.., ........ '~ ...... =_.. The Company shall indemnify the City against and assume all
liabilities for damages which may arise or accrue to the City for any injury to persons or
5
damage to property from the doin.q of any work herein authorized, or the neglect of the
Company or any of its employees to comply with any ordinance requlating the use of the
streets of the City, and the acceptance by the Company of this Ordinance shall be an
agreement by it to pay to the City any sum of money for which the City may become liable
from or by reason of such iniury or damage, includin.q reasonable attorneys' fees incurred
by City.
Section 8. UnderRround Installation. The Company shall endeavor to install
underground extensions of new telephone distribution lines that the Company has
determined are necessary or desirable.
Section 9. Excavation Maintenance and Restoration. The work under this
franchise shall be done subject to the supervision of the City. The Company shall replace
or properly relay and repair any sidewalk, street, lawn, landscaping or swale that may be
displaced by reason of such work. Whenever the Company shall cause any opening or
alteration to be made in any of the streets or public places within the franchise area for
the purpose of installing, maintaining, operating or repairing any equipment, such work
shall be completed at the Company's expense within a reasonable time and the Company
shall upon the completion of such work restore such portion of the streets or other public
places to cc gccd cr bcttor substantially the same condition as it was before the opening
or alteration was so made and will promptly remove any debris. Upon failure of the
Company to perform said repair or restoration, after twenty (20) days' notice provided in
writing by the City to the Company, the City may repair such portions of the sidewalk,
street, lawn, landscaping or swale that may have been disturbed by the Company and
6
collect the cost so incurred from the Company. The City shall promptly provide to the
Company all permits, licenses and other authorizations reasonably necessary for the
purpose of installing, maintaining, operating and repairing the system and facilities.
Section 10. Proper Operation. The fittings, appliances and appurtenances of
Company shall be constructed in accordance with good engineering practices of the
industry and so as not to unreasonably interfere with the proper use and appearance of
the streets, avenues, alleys, ways, bridges, and public places in the franchise area and
shall be maintained by the Company in reasonably good condition and repair.
Section 11. Complaints. All complaints shall be rccclvcd addressed or resolved
by the Company in accordance with the Florida Public Service Commission rules and
regulations.
Section 12. Surrender of Rights. As a further consideration for the granting of
the rights, privileges and franchises granted hereby, the Company surrenders all rights,
privileges and franchises heretofore granted by Dade County in the franchise area for any
of the purposes stated in this Ordinance and now enjoyed by the Company in the
franchise area; provided, however, that such surrender shall not be effective unless and
until this Ordinance shall be finally adopted and in effect and the rights, privileges and
franchises granted hereby shall be validly in force and effect. If lieu of acceptance of this
provision, Company may certify to City that it disclaims such rights, privile.qes, and
franchises by, through, or under Dade County.
Section 13. Successors and Assigns. Whenever in this Ordinance either the
City or the Company is named or referred to, it shall be deemed to include the respective
7
successor, successors or assigns of either, and all rights, privileges and obligations
herein conferred shall bind and inure to the benefit of such successor, successors or
assigns of the City or the Company Thl~- ch~, ...., .... ; .......... *';"*;""" ~g~inst
Section 14. City's Right to Regulate Use of Streets not Abrogated Nothing in
this Ordinance shall be construed as a surrender by the City of its right or power to pass
ordinances regulating the use of its streets in accordance with City's police powers or
properb/rights.
Section 15. Written Acceptance by the Company. The Company shall, within
forty-five (45) days after this Ordinance takes effect, file a written acceptance of the
Ordinance with the City Manager.
Section 16. Reservation of Rights. The City hereby reserves any and all rights
not otherwise expressly prohibited by applicable law to exercise its authority to establish
terms and conditions including, but not limited to, fees and taxes, with respect to
Company construction, maintenance, operation or provision of any telecommunications
equipment, facilities or services within the City.
Section 17 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.
8
Section 18. 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 R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. 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
follows:
, and upon being put to a vote, the vote was as
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. 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 September, 1996.
day of September, 1996.
ARTHURI. SNYDER, MAYOR
9
Al-rEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY A~-rORNEY
10
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; GRANTING
TO BELLSOUTH TELECOMMUNICATIONS, INC. A NON-EXCLUSIVE
FRANCHISE IN THE CITY OF AVENTURA; AUTHORIZING BELLSOUTH
TELECOMMUNICATIONS, INC. TO USE THE PUBLIC RIGHTS-OF-WAY
AND STREETS OF THE CITY, FOR THE PURPOSE OF ERECTING,
CONSTRUCTING, MAINTAINING AND OPERATING LINES OF
TELEPHONE EQUIPMENT THEREON AND THEREUNDER; PROVIDING
FOR A FRANCHISE FEE; PROVIDING THE TERMS AND CONDITIONS
OF SUCH GRANT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Aventura finds it in the public interest to retain control over
the use of public rights-of-way by providers of Telephone Services to ensure against
interference with the public convenience, to promote aesthetic considerations, to promote
planned and efficient use of limited right-of-way space, and to protect the public authority
over right-of-way property; and
WHEREAS, the City of Aventura finds that the granting of nonexclusive franchises
is the best means of assuring that the interests of the City of Aventura are promoted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA THAT:
Section 1. Grant of Franchise. Permission is hereby granted to BellSouth
Telecommunications, Inc, its successors and assigns (the "Company") to construct,
maintain and operate lines of telephone equipment, including the necessary conduits,
poles, cables, electrical conductors, fiber optics and digital technology fixtures upon,
along, under and over the public roads, streets, and rights-of-way of the City of Aventura,
Florida as its telephone and telegraph business may from time to time require.
Section 2. Term and Limits of Franchise. This non-exclusive franchise is
granted for a period of fifteen (15) years and covers the following geographical area: The
corporate limits of the City of Aventura as set forth in the Charter of the City of Aventura,
as amended from time to time. Company agrees that the limits of the franchise are
subject to expansion or reduction by annexation and contraction of municipal boundaries
and that the Company has no vested right in a specific area. The City shall notify the
Company of any annexation or contraction of municipal boundaries and provide the
Company a map of the new boundaries in a timely manner. The Company shall take
prompt action to implement computations and corresponding payments for annexation or
contraction and notify City of effective date of same.
Section 3. Franchise Fee; Payments. In consideration of the rights, privileges
and franchises herein granted, and to defray the cost of regulating the Company's
activities under this franchise, the Company shall pay to the City annually a sum equal to
one percent (1%) of the gross receipts of the Company on recurring local service
revenues for services provided within the corporate limits of the City. Impositions by the
City, except ad valorem taxes and amounts for assessments for special benefits such as
sidewalks, street paving, and similar improvements, will not be credited to or deducted
from the franchise fee. In the event that applicable law permits the City to collect a
franchise fee higher than 1%, or permits the City to calculate the franchise fee on
revenues not specified herein, the Company agrees to automatically increase its
franchise fee payments to the City to that higher amount as of the effective date of such
law. The annual payment shall be made to the City for each year that the permission
2
granted herein is in effect and shall be made to the City in four installments. The first,
second and third installments of the annual payment shall be based upon the gross
receipts for the first, second and third quarters, respectively, of the fiscal year and shall be
made no later than sixty (60) days following the end of these periods. The fourth
installment of the annual payment shall be made no later than sixty (60) days following
the end of such fiscal year, and shall be based upon such gross receipts for the fiscal
year but shall be adjusted to reflect payment of the first three installments. For purposes
of this payment, such fiscal year shall end on September 30. The first such payment shall
be based upon receipts for the quarter of October, November and December 1996, and
shall be made on or before January 31, 1997. Payments shall be payable to the City of
Aventura, Attention: Finance Support Services Department, during regular business
hours of the City.
Section 4. Review of billing records. If the City wishes to verify the payments to
the City under this Ordinance, the Company shall permit the City or a designated
representative of the City, upon reasonable advance written notice, to review the
Company's billing and payment records, upon which the payments were based, during
normal business hours at the location of the Company where such records are
maintained. However, no Company records may be taken from the Company's premises,
and the City shall maintain the confidentiality of the information disclosed in these
records and use the information solely for the purposes of verifying payments by the
Company. Such Company records shall be maintained by the Company for the period
prescribed by the Federal Communications Commission and/or the Florida Public Service
Commission.
Section 5. Transferability. If the rights granted herein to the Company are
transferred or assigned by the Company to any third party incident to a sale or other
transfer of the Company's system or plant, the transferee or assignee shall be obligated
to comply with all of the terms and conditions of this Ordinance.
Section 6. Forfeiture of this Franchise. Failure by the Company to comply in
any substantial respect with any of the provisions, terms, or requirements of this franchise
shall be grounds for a forfeiture of the permission granted herein. Said forfeiture shall be
effective upon a finding by a court of competent jurisdiction that the Company has
substantially breached any of the provisions, terms or requirements of this franchise.
Both the City and the Company reserve the right of appeal of such court findings. If it is
the non-prevailing party, the Company shall have six (6) months after the final judicial
determination of the question to make restitution or make good the default or failure
before forfeiture shall result. The City, at its discretion by and through its City
Administration, may grant additional time to the Company for restitution and compliance
as deemed appropriate by the City.
Section 7. Hold Harmless. The Company shall indemnify the City against and
assume all liabilities for damages which may arise or accrue to the City for any injury to
persons or damage to property from the doing of any work herein authorized, or the
neglect of the Company or any of its employees to comply with any ordinance regulating
the use of the streets of the City, and the acceptance by the Company of this Ordinance
shall be an agreement by it to pay to the City any sum of money for which the City may
4
become liable from or by any reason of such injury or damage, including reasonable
attorneys' fees incurred by City.
Section 8. UnderRround Installation. The Company shall endeavor to install
underground extensions of new telephone distribution lines that the Company has
determined are necessary or desirable.
Section 9. Excavation Maintenance and Restoration. The work under this
franchise shall be done subject to the supervision of the City. The Company shall replace
or properly relay and repair any sidewalk, street, lawn, landscaping or swale that may be
displaced by reason of such work. Whenever the Company shall cause any opening or
alteration to be made in any of the streets or public places within the franchise area for
the purpose of installing, maintaining, operating or repairing any equipment, such work
shall be completed at the Company's expense within a reasonable time and the Company
shall upon the completion of such work restore such portion of the streets or other public
places to substantially the same condition as it was before the opening or alteration was
so made and will promptly remove any debris. Upon failure of the Company to perform
said repair or restoration, after twenty (20) days' notice provided in writing by the City to
the Company, the City may repair such portions of the sidewalk, street, lawn, landscaping
or swale that may have been disturbed by the Company and collect the cost so incurred
from the Company. The City shall promptly provide to the Company all permits, licenses
and other authorizations reasonably necessary for the purpose of installing, maintaining,
operating and repairing the system and facilities.
5
Section 10. Proper Operation. The fittings, appliances and appurtenances of
Company shall be constructed in accordance with good engineering practices of the
industry and so as not to unreasonably interfere with the proper use and appearance of
the streets, avenues, alleys, ways, bridges, and public places in the franchise area and
shall be maintained by the Company in reasonably good condition and repair.
Section 11. Complaints. All complaints shall be addressed or resolved by the
Company in accordance with the Florida Public Service Commission rules and
regulations.
Section 12. Surrender of Rights. As a further consideration for the granting of
the rights, privileges and franchises granted hereby, the Company surrenders all rights,
privileges and franchises heretofore granted by Dade County in the franchise area for any
of the purposes stated in this Ordinance and now enjoyed by the Company in the
franchise area; provided, however, that such surrender shall not be effective unless and
until this Ordinance shall be finally adopted and in effect and the rights, privileges and
franchises granted hereby shall be validly in force and effect. If lieu of acceptance of this
provision, Company may certify to City that it disclaims such rights, privileges, and
franchises by, through, or under Dade County.
Section 13. Successors and Assigns. Whenever in this Ordinance either the
City or the Company is named or referred to, it shall be deemed to include the respective
successor, successors or assigns of either, and all rights, privileges and obligations
herein conferred shall bind and inure to the benefit of such successor, successors or
assigns of the City or the Company.
6
Section 14. City's Right to Regulate Use of Streets not Abro.qated Nothing in
this Ordinance shall be construed as a surrender by the City of its right or power to pass
ordinances regulating the use of its streets in accordance with City's police powers or
property rights.
Section 15. Written Acceptance by the Company. The Company shall, within
forty-five (45) days after this Ordinance takes effect, file a written acceptance of the
Ordinance with the City Manager.
Section 16. Reservation of Rights. The City hereby reserves any and all rights
not otherwise expressly prohibited by applicable law to exercise its authority to establish
terms and conditions including, but not limited to, fees and taxes, with respect to
Company construction, maintenance, operation or provision of any telecommunications
equipment, facilities or services within the City.
Section 17 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 18. 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
7
, and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. 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 R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this
day of September, 1996.
PASSED AND ADOPTED on second reading this
day of September, 1996.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
8
CITY OF AVENTURA
COMMUNITY SERVICES DEPARTMENT
MEMORANDUM
TO:
FROM:
BY:
DATE:
City Council ty~r
Eric M. Soroka, Ci
Robert M. Sherman,~)iN
September 12, 1996
er
tof Community Service
SUBJECT: Lehman Causeway Improvement Project:
North Side Traffic Barrier
The original concept of a steel braced wooden barrier was not regarded as acceptable
to the Florida Department of Transportation (please see attached letter.) In light of this
action, we are now moving forward with the second ranked alternative which consists
installing a steel barrier on the North Side of the Lehman Causeway to protect
pedestrians from the westbound traffic. This proposed barrier will be installed to the
north of the existing landscaping on the Causeway, and will span the length of the
acceleration/deceleration lane. Additional landscaping will be added as necessary in
the design phase for beautification purposes. As this project is located within the FDOT
right-of-way, the barrier and landscaping will required their approval. The projected
construction cost will be approximately $200,000.
Attached hereto for your review and approval are the Work Authorizations for the City
Engineers (Keith and Schnars, P.A.) to provide design, engineering, survey, contract
bidding and construction management services for the aforementioned project. The
proposed time frame for design is ninety (90) days. The total fee for their work is
$25,140.00.
In order to proceed with this very important project, City Council approval is required to
authorize these engineering fees. I recommend approval of the attached Work
Authorization. If you have any questions, please feel free to contact me.
RMS/gf
Attachments
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION NO. 15414.06 TRAFFIC BARRIER FOR
PROFESSIONAL ENGINEERING SERVICES BY AND
BETWEEN THE CITY OF AVENTURA AND KEITH AND
SCHNARS, P.A.; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Work Authorization No. 15414.06 ($25,140) for the traffic barrier project for professional
engineering services by and between the City and Keith and Schnars, P.A.
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by 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 R. Beskin
Councilmember Ken Cohen
Resolution No.96-36
Page 2
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 2"d day of October, 1996.
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMSAms
KEITH and SCHNARS, P.A.
E N Gl N E E R S ,' P L A N N E R S .. S O R V E Y O R S
September 24, 1996
Mr. Robert Sherman
Director of Community Services
City of Aventura
2999 N.E. 191st Street
Aventura, Florida 33180
RECEIVED
S£P z 1996
COMMUNi'fy SERVICE
City of Aventura
Lehman Causeway Traffic Safety Barriers
Keith & Schnars Project No. 15414
Dear Bob:
At the direction of the City Commission, our office has investigated the use of guardrails with the
Florida Department of TranspoItation along the Lehman Causeway. The semi-rigid steel back wood
rail was developed for an aesthetic alternative to the conventional guardrail systems. Enclosed is a
copy of the AASHTO Roadside Design Guide for the steel back wood rail for your review and a copy
of the detail for the steel back guardrail.
We presented this alternative to the Florida Department of Transportation (FDOT) in Tallahassee and
based on our discussions with Mr. John Grant of the FDOT, it does not appear that the FDOT would
accept this alternative at this location. The FDOT has recommended that we utilize steel guardrail
or a concrete barrier at this location. Once again, the FDOT has not committed to approval of such
guardrail in this area, but has indicated that these alternatives would be appropriate at this location.
A final decision will not be made until an application is submitted for the project.
I trust this letter will serve to update you as to the status of this particular work item and we are
awaiting direction fxom the City of Aventura before proceeding with the preliminary design phase of
this project.
Sincerely yours,
KEITH and SCHNARS, P.A.
Enginee~~~yors
Peter R. Gallo, P.E.
Director of Land Development/Civil Eng.
PRG:ryp
CC:
Eric M. Soroka - City of Aventura
Olivia
Jb~Ol~o-rt~ndrews Avenue. Ft. Lauderdale, Florida 33309-2132
(954) 776-1616 · (800) 488-1255 · Fax (954) 771-7690
Exhibit A
Work Authorization No. 15414.06
Traffic Study Barrier - Country Club Drive
Scope of Consulting Services
between
The City of Aventura, Florida
and
Keith and Schnars, P.A.
August 28~ 1996
Exhibit A
WORK AUTHORIZATION NO, 15414.06
TRAFRC STUDY BARRIER - COUNTRY CLUB DPJVE
SCOPE OF CONSULTING SERVICES
The CONSULTANT proposes to provide professional services associated with the
construction of a traffic safety barrier along Country Club Drive in the vicinity of the Lehman
Causeway. The CONSULTANT shall prepare alternate designs for the proposed traffic
safety barrier and based on approval by the City of Aventura, proceed with the design of
final construction plans and specifications for the traffic safety barriers. In addition, .the
CONSULTANT shall proceed at the City of Aventura*s request with the bidding of this Work
and recommend to the C/fy of Aventura the lowest competent bidder for the work. In
addition, CONSULTANT shall provide construction services relating to the construction of
the proposed safety barriers.
1.0 Surveying Services:
1.01 EngineeHn_~ Design Survey
CONSULTANT shall conduct an engineering design survey along the
westbound slip ramp off of the William Lehman Causeway. The survey limit~
will be approximately 1,200 feet and will extend along the length of the
southerly limits of the Tumberry Isle Country Club. The services e?tail field
locations Of the following:
North edge of pavement of the sJip ramp;
The existing sidewalk along the north side of the slip ramp;
UtJJity features within the survey area.
Add/tionally, elevations will be determined at 100-foot cross-section intervals
throughout the survey limits.
Office services include preparation of base sheets depicting the field
locations and existing right-of-way Ifnes. The base sheets will be prepared
at a 1" -- 40' scale or as directed by ihs design engineer. Ail surveying
services will be performed in accordance with Rule 61G17-6 of the Florida
Administrative Code.
2.0 E~tCneen'n~ ServlCe.~
Conceotual Deslan Phase.
2.01 The CONSULTANT shall meet wfth the City of Aventura to clarify and define
the City's requirements for the project.
2.02
Advise the City of Aventura as to the necessity of the City providing
obtaining from others data or services for the completion of this project and
assist the City in obtaining such data and serv{ces.
2.03 Prepare schematic layouts and sketches with .appropriate exhibits to indicate
clearly the a,ltemates for this project.
2.04 Evaluate each design for conformance with existing engineering design
standards. ..
2.05 Prepare a construction cost estimate of the various alternatives.
Preliminary Desi_o,n Phas~
After written authorization to proceed with the preliminary design phase, the
CONSULTANT shall:
2.06 Identify and analyze the requirements of governmental agencies having
jurisdiction to approve the design of the proj"ect.
2.07 Prepare preliminary design documents consisting of final design criteria and
preliminary drawir~gs.
2.08 Proceed with the design of the recommended alternative.
2.09 Prepare construction cost estimate for the selected alternative.
After written authorization to proceed with the final design phase, the CON-
SULTANT shall:
2.10
2.11
Based on the accepted preliminary design documents, prepare for incor-
poration in the contract dccuments, final drawings to indicate the general
scope extent and character of the work to be furnished.
Provide technical criteria, written description and design data for the Ciiy of
Aventura for use in filing a.cplications for permits with Or obtaining approval
of Such governmental agec. cies hsving jurisdiction to approve the design of
the project.
2.12 Prepare an adjusted construction cost estimate for the general scope extent
and character of the design requirements for the project.
2.13
Prepare for review and approval by the City of Aventura, its legal counsel
and other advisors contract agreement forms, general conditions and
supplemental conditions, bid forms, invitafJon to bid and instruetlon to bidders
tO assist in the preparation of other related documents.
Bidding end Negotletin_a
After written authorization to proceed with the bidding and negotiating phase, the
CONSULTANT shall:
2.14
Assist the City of A~,entura in advertising for and obtaining bids, assist the
City with negotiating proposaJs for the proposed project. CONSULTANT will
advise the City of Aventura as to the acceptability cf contractors and pr0~lde
a recommendation for award.
2.15 Prepare bid tabul=tion sheet and assist the City of Aventura in evaluating the
bids and proposals submitted for the project.
The CONSULTANT shall provide construction observation services necessary to
certify to the regulatory agencies that the construction work has been completed in
substantl~.l compliance with the approved documents arid permits.
Services included in this item are described as follows:
2.16
~: The CONSULTANT will review shop drawings, samples,
other data and reports w~. ich the selected contractor is required to submit for
review, but only for the conformance with design concept of the project and
compliance with the information given on the design drawings. Such review
shall not extend to means, methods, techniques, sequence or procedures of
construction or to safety precautions and programs incident thereto.
2.17
.~tP,...~[.S~: CONSULTANT shall make visits to the site at intervals ap-
pr0priate to the vadous stages of construction as CONSULTANT deems
necessary in order to observe as an experiencc--,d and qualified design
professional to review the progress and quality of the various aspects of the
contractor(s)'S work.
2.18
Insoections and Tams: The CONSULTANT slqall observe the utility testing
r~quired in final certification to certify to the r~sponsible utility Entity (the
actual testing wile be by otl~er5).
2.19
2,20
Construction Observation: Service strait include coordination with con.
tractor(s) and responsible utility entity to facilitate construction of the
improvements contained in the design plans including any preconstruction
meetings. Inspections will be performed as required for permits, record
drawings and final utility certification.
,~L[7~.~2D: The CONSULTANT will prepare the final certification and
process record drawings for the design from the survey information to be
supplied by the contractor.
TO:
FROM:
DATE:
SUBJECT:
CITY OF AVENTURA
OFFICE OF THE CITY COUNCIL
Eric M. Soroka, Cit~¢l~
Arthur Berger, Counciil
September 19, 1996
Train Horns
MORANDUM
Because of the disturbance caused to City residents by train horns at night, I request
that the question of a ban on the horns be placed on the next agenda for further
discussion.
AB/tms
CITY OF AVENTURA
TO:
FROM:
DATE:
SUBJECT:
OFFICE OF THE CITY COUNCIL
MEMORANDUM
September 16, 1996
Resolution to Phase Out Billboards
Since the 12 billboards maintained by Ackerley Advertising along Biscayne Boulevard
remain a blight on the beautification of our City, and in view of the provisions of Section
479.15, Fla. Stat., prohibiting the removal along an interstate highway without payment
of just compensation, I request that you place on the agenda for the next City Council
meeting a resolution to establish a 6-year plan for phasing out these billboards.
In each year of the plan, the City would compensate Ackerley Advertising for the
removal of two billboards so that at the conclusion of the six-year period, all 12
billboards maintained by Ackerley would be phased out of existence.
The resolution would be to:
authorize employment of a real property appraiser, skilled in appraising
billboards, to determine the expenses to be incurred for compensating
Ackerley; and
b. authorize the City Manager to meet and work out a plan with Ackerley.
AB/tms
cc: City Council
.,' "... ,'" "............-.
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@8ELLSOum
.......r.lu J ~..
SIlilo18lO
15B Wnt Fl..., Strut
MiImi. Ratida 33130
Fa 3Il5 315-9311
3Il5 3'1-5451
11M"" 3IJ5 544-7989
YMIII T.........'
AnI. DireelDr
Cotpor.r. and &tam" Affairl
October 2, 1996
City of Aventura
Mr. Eric M. Soroka, Manager
2999 NE 191 Street
Suite 500
Aventura, Florida 33180
RE: BenSouth Ordinance scheduled for reading October 2. 1996
I
Dear~ ~v
Please postpone BellSouth's Ordinance an additional two (2) weeks to enable any
remaining differences to be resolved.
Thank you for your consideration.
Sincerely,
~
W. T. Holloway
Area Director
CITY OF A VENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Council
FROM: Eric M. Soroka, Cit
DATE: September 30,199
SUBJECT: Solid Waste Collectio
As per my previous memorandum, we have met with representafives of the Solid Waste
industry regarding concerns about the proposed Ordinance. Attached is a red lined
version of the Ordinance which includes revisions we have agreed to for City Council
consideration. The only two issues that remain are as follows:
1. They have requested that contractors not be required to provide rate information to
the City.
. pg 6 (e) customer list - strike "and the fees charged for same"
. pg 10 section 1.15 - Rates for Service - strike entire paragraph
They feel this information would put other solid waste haulers at an advantage in
individual negotiations with customers.
2. They feel the complaint resolution section on page 13, section 1.24 should be
modified to provide for more time to address complaints.
A representative of the Solid Waste industry will be available at the meeting to address
these concerns with the City Council.
If you have any questions, please feel free to contact me.
EMS/tms
attachments
CC0112-96
,
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
PROVIDING FOR THE ISSUANCE OF SOLID WASTE
COLLECTION FRANCHISES; REQUIRING FRANCHISE
FOR SOLID WASTE COLLECTIONS; IMPOSING
FRANCHISE FEE FOR SOLID WASTE COLLECTION
ACTIVITIES; AWARDING FRANCHISES TO CERTAIN
PERMITTED PRIVATE HAULERS; PROVIDING FOR
SEVERABILITY, PENAL TYAND AN EFFECTIVE DATE.
WHEREAS, the City of Aventura (the "City") has the authority to require persons
and entities engaging in the business of the collection of solid waste in the City to obtain a
franchise from the City and to pay solid waste collection franchise fees imposed by the
City; and
WHEREAS, the City Council desires to issue such franchises and to impose such
franchise fees, as a percentage of gross receipts, as set forth in this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil OF THE CITY
OF AVENTURA, FLORIDA AS FOllOWS:
Section 1. The City of Aventura Solid Waste Franchise Ordinance is hereby
created to read as follows:
Section 1.01.
Definitions.
The following words and phrases, when used in this
Ordinance, shall have the meanings ascribed to them in this
section.
(a) Commercial Establishment: Any structure used or
constructed for use for business operations. For purposes of
this Ordinance, hotels and motels are commercial
establishments. The term "commercial establishment" shall
not include any residential unit or multi-family residential
establishment.
(b) Customer: A person who uses the solid waste or
recycling services of a Private Hauler.
(c) Multi-family Residential Establishment: Any structure
other than a residential unit which is used, or constructed for
use, as a multiple dwelling facility. Multi-family residential
establishments shall include, without limitation, rooming
house, tourist court, trailer park, apartment building with rental
or cooperative apartments, or multiple story condominiums
with common means of ingress and egress.
(d) Franchisee: The named person who obtains a franchise
from the City pursuant to this Ordinance.
(e) Person: Any natural person, individual, public( or private
corporation, firm, partnership, association, joint venture,
municipality, or any combination of such, jointly or severally.
(f) Private Solid Waste Hauler (Collector); Private Hauler;
Hauler: Any person, entity, corporation or partnership that
removes, collects and transports for disposal for hire any solid
waste over the streets or public rights-of-way within the
incorporated area of the City.
(g) Residential Unit: Any structure which is used, or
constructed for use, as a single-family dwelling, duplex,
cluster house or townhouse, and which is located on a single
lot, parcel or tract of land. For the purposes of this chapter,
any condominium structure composed of privately-owned,
single family housing units with separate means of ingress of
egress and containing no more than two stories shall be
considered a residential unit. The term "Residential Unit"
shall not include any multi-family residential establishment.
(h) Solid Waste: Garbage, trash, litter, yard trash, hazardous
waste, construction and demolition debris, industrial waste, or
other discarded material, including solid or contained gaseous
material resulting from domestic, industrial, commercial,
mining, agricultural or governmental operations.
2
(i) Solid Waste Disposal: Disposition of solid waste by
means of combustion, land filling or other final method of
discard.
Section 1.02.
Franchise Required by the City for
Solid Waste Collection.
(1) It shall be unlawful for any Person to remove, collect and
transport for disposal from any Commercial Establishment,
Multi-family Residential Establishment or Residential Unit in
the City, Solid Waste or recyclable material over the streets or
public right-of-way within the incorporated area of the City
without first applying for and receiving the appropriate Solid
Waste Franchise from the City to carry On such business.
(2) The Franchise required by this section shall be in addition
to any other permits, registration or occupational license
which may be required by federal, state or local law.
Section 1.03.
Application for Franchise.
Applications for a Franchise shall be made to the City upon
such form and in such manner as shall be prescribed by the
City Manager, said form to elicit the following information and
to be accompanied by supporting documents and such other
information as may be required by the City Manager from time
to time:
(a) Name of applicant. if the applicant is a partnership or
corporation, the name(s) and business address(es) of
the principal officers and stockholders and other
persons having any financial or controlling interest in
the partnership or corporation. Provided, however, that
if the corporation is a publicly owned corporation
having more than twenty-five (25) shareholders, then
only the names and business addresses of the local
managing officers shall be required.
(b) Character of applicant. The applicant for a permit
under this section, if an individual or in the case of a
firm, corporation, partnership, association or
organization, any person having any financial,
3
controlling or managerial interest therein, shall be of
good moral character. In making such determination,
the following information, which shall be submitted by
applicant, shall be considered:
(1)
(2)
(3)
Penal history. If the applicant is an individual, a
record of all conviction and the reasons therefor
shall be provided by the applicant. If the
applicant is other than an individual, then the
record of all convictions and the reason therefor
of the principal controlling officers of applicant
shall be provided. Provided, however, that in
the case of a publicly held corporation having
twenty-five (25) or more shareholders, then only
the aforementioned information applicable to its
local managing officers shall be required.
Business history. Whether such applicant has
operated a solid waste collecti6n-removal
business in this or another state under a
franchise, permit or license and if so, where and
whether such franchise, permit or license has
ever been revoked or suspended and the
reasons therefor.
Existence of business entity. If applicant is a
corporation, applicant shall submit proof of
incorporation in good standing in the state of
incorporation and, if a foreign corporation,
applicant shall provide information certifying that
applicant is qualified to do business in the State
of Florida. If applicant is other than a
corporation and is operating under a fictitious
name, applicant shall be required to submit
information that such fictitious name is
registered and held by applicant.
(c) Equipment and method of operation. The applicant for
a Franchise shall possess equipment capable of
providing safe and efficient service. In making such a
determination and approving the method of operation
for each applicant, the City Manager shall require the
following information:
4
(1) The type, number and complete description of
all equipment to be used by the applicant for
providing service pursuant to this chapter.
(2) A statement that the applicant will use Dade
County 8'Nn88 -. facilities for disposing
of all solid waste which the applicant collects
and removes, or those facilities not owned by
the County which have been approved by the
State Department of Environmental Regulation.
(3) The names of customers and addresses of
each location served. Franchisees applying for
renewals shall not be required to submit the
information specified in Section 1.03(c)(3)
above, but shall instead be required to submit
the information specified in Section 1.09.
(d) Insurance requirements. The applicant for a Franchise
shall maintain insurance as specified herein and shall
furnish a public liability policy to the City and also file
with the City a certificate of insurance for all policies
written in the applicant's name. This certificate shall
provide that the policies contain an endorsement
requiring that the City shall be furnished with ten (10)
days' written notice by registered mail prior to
cancellation or material changes in the policies.
(1) Comprehensive general liability. The applicant
shall carry in his own name a policy covering his
operations in an amount not less than three
hundred thousand dollars ($300,000.00) per
occurrence for bodily injury and Two hundred
thousand dollars ($200,000.00) per occurrence
for property damage liability.
(2) Vehicle liability insurance. Applicants for a
permit shall maintain vehicle liability insurance
covering each vehicle utilized in the business of
solid waste collection and disposal in an amount
not less than one million dollars ($1,000,000.00)
combined single limit per occurrence.
5
(e)
(f)
(g)
(3) Liability of the City. The above insurance
requirements shall not be construed as imposing
upon the City or any official or employee thereof
any liability or responsibility for injury to any person
or property by the insured, his agents or .1
employees. {}-
()J'YV
Customer List. The applicant for a Franchis/ shall
provide a list of existing customers in the City(service
levels 8flG.-the feF!" t"'l:tar-g",d for ~al"e. ~
Proof of County and/or State Permits and Lice~e
The applicant for a Franchise shall provide proof of
county and/or state permits and licenses.
The completed application shall be submitted to the
City. Upon receipt of a completed application, the City
Manager or his designated representative sl'\all review
said application and, if satisfactory in all respects, and
after payment of required application fee of One
Thousand ($1,000.00) Dollars, shall issue the
Franchise.
Section 1.04.
Denial of Franchise.
Should the City Manager deny an application for a Franchise,
he shall notify the applicant of such denial by certified mail not
later than fourteen (14) days after taking such action. The
notice of denial shall contain a statement of the reasons why
the application was denied.
Section 1.05.
Appeal from City Manager's denial of
Franchise; appeal from revocation of
Franchise under Section 1.11.
The denial or revocation of a Franchise by the City Manager
may be appealed to the City Council. The notice of appeal
shall be filed in writing with the City Manager no later than
fourteen (14) days after the receipt of the certified letter
advising applicant of the denial or revocation.
6
The City Manager shall fix the date and time for hearing the
appeal. Said hearing shall be held not less then fourteen (14)
nor more than sixty (60) days after receipt of the notice of
appeal. The City Council shall either affirm the decision of the
City Manager or direct the City Manager to issue or reinstate
the Franchise.
Section 1.06.
Term of Franchise.
Franchises awarded pursuant to the provIsions of this
Ordinance shall expire one (1) year from the date of issuance.
Section 1.07
Renewal of Franchise.
A Franchise may be renewed from year to year by the City
Manager. Any such renewal may be subject to the same
terms and conditions applicable to the issuance of the original
Franchise. The City Manager shall charge and collect
renewal permit fees in the amount of One Thousand
($1,000.00) Dollars.
Section 1.08.
Transfer of Franchise prohibited.
No Franchise for the collection of solid waste issued under the
provisions of this ordinance may be assigned or transferred.
In the event of any change in ownership and/or name of the
corporation or partnership, formal notification shall be given
the City Mana er within thirty (30) days thereof.
Section 1.09.
Information required of Franchisee.
At least annually, but not more frequently than quarterly as
determined by the City Manager, each Franchisee shall
supply the following information on a form and in the manner
prescribed by the City Manager:
(a) A listing, which is organized as prescribed by the City
Manager, as of the reporting date, of the names and
addresses of Customers, and the addresses of each
location served. For each customer on the list, the
Private Hauler will indicate the following: (1) whether
7
.
the Customer served is a Multi-family Residential or
Commercial Establishment; and (2) whether the
service provided is solid waste collection, recycling, or
a combination of both; and (3) a listing of those
materials being recycled at each Customer location;
and (4) the name of a Customer contact person who
can provide additional information regarding the
recycling program.
(b) A summary of the number of teA& ... of solid
waste collected quarterly based on scheduled service,
as of the reporting date.
(c) A summary of the number of tons ~ of .
recyclable material collected and marketed quarterly,
on a schedule and format prescribed by the City
Manager.
Section 1.10.
Disposal required at Countylapproved
facilities.
Any and all Solid Waste collected by a Franchisee within the
City shall be disposed of only at the solid waste disposal
facilities provided, operated and designated or approved by
the Dade County Department of Solid Waste Management
("CeI:JRty Fasilities") and at no other location or facility except
those which have heretofore been approved by the
Department of Environmental Regulation. City may rostrist
F'rnru;ihisoos te the b1GO af C()l~IAty Fasilitio&, if FO~b1irQef by n
COblAty.'City IFllorlaG:)1 AgFGOmont.
Section 1.11.
Revocation of Franchise.
(a) The following shall constitute cause for revocation of a
solid waste Franchise by the City Manager: (1) the violation
of any of the provisions of the Ordinance of City or the Code
of Metropolitan Dade County which violation endangers the
public health, safety or welfare; or (2) the violation of any of
terms or conditions of the Franchise; or (3) the failure to
promptly pay the Franchise fee provided for in this Ordinance.
(b) The City Manager may revoke a Franchise for a violation
or violations as aferemeRtieReet aRe! may immee!iately e!eslaro
SLIGh FrQAShi&o AbllI GAd ~:Oief, GAd b1fl0A clash dOGlaratieA, tho
8
FF3RsJ:lisee sJ:lall immee!iately sease all e(3oF3lieR aRe! sl:1alll3e
sensietsrod to ha~/e feFfeiteet saiet FFaAshiee and the rights
aSEll:liree! tJ:ler-el:lRe!er. Upon a determination by the City
Manager that a Franchise shall be revoked, the affected
person shall provided with written notice of such revocation
and the reasons therefor. Upon receipt of such notice, the
affected person may appeal said revocation to the City
Manager and the appeal and hearing thereon shall be
conducted in accordance with the procedures set forth in
Section 1.05.
Section 1.12.
Solid Waste Collection Franchise Fee
Payable to City.
It shall be unlawful for any Private Hauler operating in the City
to either collect, remove, or transport from properties in the
City solid waste for disposal without payment of a solid waste
Franchise fee to the City.
Commencing upon the effective date of this Ordinance, and
continuing monthly thereafter on the 15th day of each and
every month, each Private Hauler operating in the City shall:
a) file a report with the City Manager. The report shall
designate the names and addresses of each account located
in the City that was provided Solid Waste collection and
disposal service by the Private Hauler for the preceding
month.f\rhe report shall include the gross monthly solid waste . n, ~
collectiM and disposal service fee receipts of all such ~'
accounts, which report shall be subject to audit by the CiiY:\/
and b) Simultaneously with the filing of such report, eactf"
Private Hauler shall pay to the City a Franchise fee equal to
ten (10%) percent of the total gross monthly solid waste
collection and disposal service fee receipts of all of its
accounts which are located in the City, as reflected on each
monthly report.
An additional monthly surcharge, equal to one (1) percent of
total gross monthly service fee receipts for the preceding
month, as reported to the City Manager, shall be payable to
the City if the ten (10%) percent Franchise fee is not paid by
the 15th of the month by the Private Hauler.
Section 1.13.
Recordkeeping.
9
.
Each Private Hauler is hereby required to establish and
maintain appropriate records, showing in such detail as the
City Manager may prescribe, the amount of monthly solid
waste collection and disposal service fee receipts of each
account provided solid waste collection and disposal services
which is located in the City. All such records shall be open to
inspection by the City Manager or his duly authorized agent at
all reasonable times. The City Manager is hereby authorized
and empowered to promulgate from time to time such rules
and regulations with respect to the establishment and
maintenance of such records as he or she may deem
necessary to carry into effect the purpose and intent of the
provisions hereof.
Section 1.14.
Franchise Granted, County Permit Holders,
Others.
A. Each Private Hauler who has held a permit in good
standing from Metropolitan Dade County on or inhediately
prior to November 7, 1995 (date of incorporation of the City)
pursuant to County Code 15-17 shall be allowed to continue
to provide service in the City for a ninety (90) day period until
a Franchise application has been approved or denied by the
City, so long as the Private Hauler meets all of the
requirements of this Ordinance.
B. Each Franchise awarded pursuant to this ordinance is
subject to compliance with all of the terms and conditions
hereof except that the Franchisee eligible under Sec. 1.14A
may supplement the documentary materials and information
which was provided by Franchisee to secure a permit from
Metropolitan Dade County to meet the application
requirements of this Ordinance, as determined by the City
Manager. This shall not waive the fee required by Section
1.03 (g)
C. The Franchise granted shall confer to Franchisee the
right to operate upon the public streets of City to provide the
Solid Waste collection services in accordance with the terms
hereof.
Section 1.15
Rates for Services.
10
Franchisee shall file with the City Manager a current copy of
its rate schedule for services provided in the City. Such rates
must be fair and reasonable.
Section 1.16
Restoration.
The Franchisee agrees to repair all property, public or private,
altered or damaged by it, its agents or employees in the
performance of its services herein in as good or better
condition as it was before being damaged or altered.
Section 1.17
Compliance with Laws.
Franchisee shall conduct operations under this Ordinance in
compliance with all applicable laws.
Section 1.18
Services Provided.
Services provided by Franchisee shall comply with the City's
ordinance governing the time and frequency of Solid Waste
Collection and removal.
Section 1.19
Office and Collection Hours.
A. The Franchisee's office shall remain open Monday through
Friday from 8:30 a.m. to 5:00 p.m. for the purpose of handling
complaints; and for that purpose, there shall be maintained an
adequate number of telephones and a responsible person in
charge during the hours specified above. These
requirements do not apply on legal holidays.
B. Collections shall normally be made in residential areas no
earlier than 6 a.m. and no later that 7 p.m. (or as otherwise
prescribed by City) with no service on Sunday, except in time
of emergency or to maintain schedules due to Holidays.
Changes to these hours must be approved by the City
Manager.
Section 1.20
Collection Equipment
The Franchisee shall have on hand at all times sufficient
equipment in good working order to permit Franchisee to
perform its duties hereunder fully, adequately, and efficiently.
11
Equipment shall be purchased ~ from
nationally known and recognized manufacturers of garbage
collection and disposal equipment. Garbage collection
equipment shall be kept clean, sanitary, neat in appearance
and in good repair at all times. The Franchisee shall at all
times have available to it, reserve equipment which can be
put into service and operation within two (2) hours of any
breakdown. Such reserve equipment shall substantially
correspond, in size and capability, to the equipment normally
used by the Franchisee to perform its duties hereunder.
Section 1.21
Spillage and Litter.
The Franchisee shall not litter premises in the process of
making collection, but shall not be required to collect any
waste material that has not been placed in approved
containers or in a manner herein provided. During hauling, all
solid waste shall be contained, tied or enclosed so that
leaking, spilling or blowing are prevented. In thJ event of
spillage by the Franchisee, the Franchisee shall promptly
clean up the litter.
Section 1.22
Storms and Other Emergencies.
In case of an unusually severe storm or disruption caused by
other severe emergencies not caused by Franchisee, City
Manager may grant Franchisee reasonable variance from
regular schedules. As soon as practicable after such storm or
other emergency, Franchisee shall inform the City of the
estimated time required before regular schedules and routes
can be resumed and, upon request of City Manager,
Franchisee shall provide notice to residential premises in the
service area. In event of a storm or emergency requiring
mass cleanup operations, Franchisee, shall, upon direction of
City, participate in said cleanup to the extent directed by the
City. Where it is necessary for the Franchisee and the City to
acquire additional equipment and to hire extra crews to clean
the City of debris and refuse resulting from the storm or
disaster, the Franchisee shall work with the City in all ways
possible for efficient and rapid cleanup.
Section 1.23
Nondiscrimination Provision.
12
The Franchisee agrees that it has adopted and will maintain
and enforce a policy of nondiscrimination on the basis of race,
color, religion, sex, age, handicap, disability or national origin.
Said nondiscrimination policy shall apply to employment
practices of the Franchisee and the provisions of services.
Tt:le rr=anst:lisee a!:lrees tt:lat en written FOEjl:lest, it will j3er-mit
rl):t&8R3Sle 8880&& to itc roeern& af 8FR(:l10ymoAt, 0FF1~10yrnoAt
aEl'lertiseR'lent, aj3j3lisatien feFR'lG, anEl ett:ler j30rtinent Elata
QREJ Foe0F8s BY City for tho 1Sll.:JFJ30CCJ& af inl.:atti~:1tieR ts
acsortClin Gempli3noo ':/ith tho nen disGrimiRatieA rarevisiaAs af
thic fFt:lnshi&G, J9Fs'Jieaa, hO'Na'Jar, th:1t Fr3Rohieoo shall Rot BO
FOEll;lirod ts J;lF0dI;lGO fer iReJ90eti0A t:lAY FOGGFElC sevoriRg any
j3erieEl ef tiR'le R'leFO tt-Jan twe (2) yeaF6 j3riar ts tt:le Elate af tt-Jis
fFanst:liso.
Section 1.24 Complaints.
~ AMrwJJ.- iD
All complaints shall be investigated and Crosol\'od by
Franchisee within twenty-four (24) hours. Franchisee shall
supply the City Manager with copies of all Customer
complaints on a monthly basis and indicate disposition of
each. Such records shall be available for inspection by City at
all times during business hours specified herein. The form
shall indicate the day and hours on which the complaint was
received and the day and hour on which it was resolved.
When a complaint is received on the day preceding a holiday
or on a Saturday, it shall be serviced on the next working da~
The Franchisee shall establish procedures acceptable to City
to insure that all Customers are notified as to the complaint
procedure.
Section 1.25
Franchise Non-Exclusive
A. Any Franchise granted by this Ordinance is non-
exclusive, and City reserves the right to award additional
Franchises or utilize other Solid Waste collection programs.
B. Nothing herein shall authorize collection of Solid Waste
in areas of the City serviced by Dade County prior to
November 7, 1995 without specific approval of the City.
Section 1.26
Rights Reserved.
City reserves the right to adopt ordinances regulating the
services provided hereunder.
13
Section 1.27
Surrender of Rights.
As a further consideration for the granting of the rights,
privileges and franchises granted hereby, the Company
surrenders all rights, privileges and franchises heretofore
granted by Dade Couny in the
_ franchise area for any of the purposes stated in this
Ordinance and now enjoyed by the Franchisee in the
franchise area; provided, however, that such surrender shall
not be effective unless and until this Ordinance shall be finally
adopted and in effect and the rights, privileges and franchises
granted hereby shall be validly in force and effect.
Section 1.28
City's Right to Regulate Use of Streets
not Abrogated.
Nothing in this Ordinance shall be construed as a surrender
by the City of its right or power to pass ordinances1regulating
the use of its streets in accordance with City's police powers
or property rights.
Section 1.29
Effective Date.
This ordinance shall take effect immediately upon its final
passage and adoption. Each Franchise granted pursuant to
this Ordinance shall become effective when the Franchise
application is granted and Franchisee files with City its written
acceptance thereof in a form approved by the City Attorney.
Section 2. Severabilitv. 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.
14
Section 3. Inclusion In the Code. It is the intention of the City Council, and it is
hereby ordained that the provisions of this Ordinance shall become and made a part of
the City of Aventura Code; that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "Ordinance" shall be changed
to "Section" or other appropriate word.
Section 4. Penaltv. 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 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 5. Effective Date. This ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Vice Mayor Rogers-Libert who moved its
adoption on first reading. The motion was seconded by Councilmember Cohen, and
upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
yes
yes
yes
yes
yes
yes
yes
15
The foregoing Ordinance was offered by Councilmember
, who moved its
adoption on second reading. The motion was seconded by Council member
and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Vice Mayor Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 17th day of September, 1996.
PASSED AND ADOPTED on second reading this _ day of
(
, 1996.
ARTHUR I. SNYDER. MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
16
Pi;'_',
Tel: '.(305) 925-7925 FllX: (305) 927-2508
1614 North 28th Court, Hollywood, Florida 33020
j,",'.
09-20-96 08:57 AM
POI/02
C"o,Ial Carling lld.,3nc.
2113 S.h1. 581h h1a~
1I""IJUI""d, 1ltlrida 33023
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FACSIMILE COVEk SHEET
DATI!:
. TO: C.,..
A'M'N: b/2./L ..5 ........-......
,aOM: C2~....-~~ Cl'-""..c.'~G
COMMENTs:
.. ,"- - -
COW:rDEN'l'IAL 1I0'l'B
The lnfolma1Ion contuIned In this faCllml1e IMltage I, prlvtJeg9d and
con1\den1lQ1 information Intended only for the UIe of the IndMdual or enfi1y
named above, If the reader of this melllage Is not the Inte.'lded reclplent, you
ore h8leby no1ffied that any disseminaflon, distribuTIon, or copy of this
fOClimile/telecopy II atrlC1ly prOhibited. If you hove received this facsimile in
error, P1eaae il'lYT1edlotely no1tfy us by telephone and ret\.lrn IOme original
meaaage to us of the oddrAlS via United S1at.. of AmerIca Poatol Service,
TOTAL NUMBoP PAGJ!S INCLUDING THISr.llWE!l SHEJ!1':
rP QUALI1'V IN nil! MJ!SSAOI! IS POOR OR WUCEJVED INCOMPLETE, CALL THE!
ORlGINA'tm AT OUR DADE COUNTY NUMBER: (305)615.7012
BROW AJU) COUNTY NUMBER: (305)963.339'
OUR FAX NUMBE!l: (305)963.1978
"2--
"
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..
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09-20-96 08:51 AM
P02/02
COASTAL CARTING LTD INC
2113 SW 58TH WAY
HOLLYWOOD, FL 33021
PHONES: BROWARD (J05) 963-.1391 / M1AM1 (305) 685-7012
September 17, 1996
To: City of Aventura
Aft: City manager- Eric M Soroka
Subject: Solid Waste Franchise
Dear Mr. Soroka.
My name is George Cinnante I am the General Manager of Coastal Caning Ltd
Inc.
I received your memorandum on Sept. 17, 1996 for the City of Aventura solid Waste
Franchises Ordina1u;e. I have one problem with page 6 See E, and only one pan
of Sec E that is the fee we charge to our customers, we have no problem with
giving the City a Customer list or the Gross Monthly receipts for the 10%
Franchise Fee. I do not feel that my customers rates are public information. If
you have any questions for me pleasefeelfree to contact me at 685-7012.
~~
ante
VP. General Manager
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
City Council (;
Eric M. Soroka, Ci~rag r
October 2,1996
TO:
DATE:
SUBJECT:
Item G - October 2,1996 City Council Agenda
Item G on the October 2, 1996 City Council Agenda regarding the Auditing Services
has been removed from the Agenda and is scheduled for the October 14, 1996
Workshop Agenda.
EMS/ne
CC0116-96
PUBLIC NOTICE OF PROPOSED
ORDINANCES
O~ THE CITY O~ AVENTURA
NOTICE IS HEREBY GIVEN thai on Wednesday, the 2nd day of
October, 1996, at a meeting of the City Council of the City of Aventura,
to.b&-held at 6:00 p.m. in the Council Meeting Room at the Columbia
-Aventura Hospital and Medical Center, 21110 BiScayne Boulevard,
Suite 101, Aventura, Florida, the City Council will consider the adop-
lion of the following Ordinances, entitled:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
GRANTING TO PEOPLES GAS SYSTEM, INC., A NON-
EXCLUSIVE FRANCHISE IN THE CITY OF AVENTURA;
AUTHORIZING PEOPLES GAS SYSTEM, INC. TO USE
THE PUBLIC RIGHTS-OF-WAY AND STREETS OF THE
CITY, FOR THE PURPOSE OF CONSTRUCTING,
MAINTAINING, OPERATING AND EXTENDING GAS LINES
IN THE STREETS AND PUBLIC PLACES OF SAID CITY
THEREON AND THEREUNDER; PROVIDING FOR A
FRANCHISE FEE; PROVIDING THE TERMS AND CONDI-
TIONS OF SUCH GRANT; PROVIDING FOR SEVERA-
BILITY; PROVIDING FOR INCLUSION IN THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE. (Second Reading)
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA,
ESTABLISHING A SCHEDULE OF CHARGES FOR PRO-
VIDING COPIES AND/OR PHOTOCOPIES OF CITY
DOCUMENTS AND RELATED SERVICES; PROVIDING A
SCHEDULE OF FEES; PROVIDING FOR SEVERABILITY
AND PROVIDING FOR AN EFFECTIVE DATE. (Second
Reading)
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
PROVIDING FOR THE ISSUANCE OF SOLID WASTE
COLLECTION FRANCHISES; REQUIRING FRANCHISE
FOR SOLID WASTE COLLECTIONS; IMPOSING FRAN-
CHISE FEE FOR SOLID WASTE COLLECTION ACTIVI-
TIES; AWARDING FRANCHISES TO CERTAIN PERMITTED
PRIVATE HAULERS; PROVIDING FOR SEVERABILITY,
PENALTY AND AN EFFECTIVE DATE. (Second Reading)
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
PROVIDING A FEE SCHEDULE FOR BUILDING PERMIT
FEES; PROVIDING A FlOE SCHEDULE 'FOR ZONING AND
PLANNING APPLICATIONS; REPLACING METROPOLITAN
DADE COUNTY FEE SCHEDULE; PROVIDING FOR SEV-
ERABILlTY, INCLUSION IN THE CODE AND AN EFFEC-
TIVE DATE. (Second Reading)
The proposed Ordinances may be inspected by the public at the Of-
fice 01 the City Clerk, 2999 N.E. 191s1 Street, Suite 500, Aventura,
Florida. Interested p3.rties may appear at the Public Hearing and be
heard with respe<..'t to the proposed Ordinances.
,I
Any person wishing to address the City Council on an item at this
Public Hearing is asked to register with the City Clerk prior to that item
being heard. Prior to making a statement, for the record, please state
your name and address.
)1
,f
In accordance with the Americans with Disabilities Act 01 1990, all
persons who are disabled and who need special accommodations to
participate in this proceeding because of that disability should contact
the Office of the City Clerk, 466-8901, not later than two business days
prior to such proceedings.
,ic
n,
,ty
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 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 10 be based.
he
he
nd
'sf
'55
to
'IC
fo
Dated this 19th day 01 September, 1996.
Teresa M. Smith, CMC
City of Aventura
(305) 466-8901
96-4-092035M
9/20