04-01-1997 CC Meeting AgendaCITY OF AVENTURA
COUNCIL AGENDA
APRIL 1, 1997 7 P.M.
CITY COUNCIL
Arthur I. Snyder, Mayor
Arthur Berger, Vice Mayor
Jay R. Beskin, Councilmember
Ken Cohen, Councilmember
Harry Holzberg, Councilmember
Jeffrey M. Perlow, Councilmember
Patricia Rogem-Libert, Councilmember
Eric M. Soroka, City Manager
Teresa M. Smith, City Clerk
Weiss Serota & Helfman, City Attorney
City of Aventura
The City ofExce#ence
Arthur I. Snyder, Mayor
Arthur Berger, Vice Mayor
Councilmembers
Jay R. Beskin
Ken Cohen
Harry Holzberg
Jeffrey M. Perlow
Patricia Rogers-Libert
Council Meeting
April 1, 1997 - 7 PM
Columbia Aventura Medical Arts Building
21110 Biscayne Boulevard Suite 101
Aventura, Florida 33180
AGENDA
'1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES:
Town Hall Meeting
Council Meeting
March 17, 1997
Mm'ch 18, 1997
4. AGENDA: Request for Deletions/Emergency Additions
5. SPECIAL PRESENTATIONS: None
6. CONSENT AGENDA
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA ADOPTING THE OFFICIAL SEAL OF THE
CITY; PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE AND AN EFFECTIVE
DATE.
(Adopts official City Seal)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, AUTHORIZING
THE CITY MANAGER TO EXECUTE THE
April 1, 1997 Council Meeting
go
ATTACHED WORK AUTHORIZATION NO. 97-109-
A FOR PROFESSIONAL LANDSCAPE ARCHITECT
SERVICES FOR AVENTURA BOULEVARD AND
THE NORTHERN MEDIAN OF BISCAYNE
BOULEVARD BY AND BETWEEN THE CITY OF
AVENTURA AND O'LEARY DESIGN ASSOCIATES,
P.A.; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING
AN EFFECTIVE DATE.
(Work authorization to prepare final design plans in order to
bid the beautification projects along Aventura Boulevard
and the northern entrance of the City)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, EXPRESSING
CONCERN OVER THE PROPOSED BUDGET AND
PERSONNEL CUTS AT THE NATIONAL
HURRICANE CENTER; DIRECTING THE CITY
CLERK TO TRANSMIT COPIES OF THIS
RESOLUTION TO THE DADE COUNTY
DELEGATION, THE FLORIDA LEGISLATURE
AND THE SENATORS AND REPRESENTATIVES
REPRESENTING THE DADE COUNTY AREA;
PROVIDING FOR AN EFFECTIVE DATE.
(Expresses the City's opposition to the funding and
personnel cuts at the National Hurricane Center)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING
THE CITY MANAGER TO EXECUTE THE
ATTACHED AGREEMENT FOR PROFESSIONAL
ARCHITECTURAL SERVICES WITH
ARQUITECTONICA INTERNATIONAL
CORPORATION TO PERFORM GOVERNMENT
CENTER AND POLICE FACILITY NEEDS
ASSESSMENT STUDY AS SET FORTH IN RFQ 97-1-
21-2 IN THE AMOUNT OF $33,000; AND
PROVIDING AN EFFECTIVE DATE.
(Awards contract for architectural services to perform
facility needs assessment study for the future Governmental
Cemer and Police Facility.)
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA NOTIFYING THE
April 1, 1997 Council Meeting
BOARD OF COUNTY COMMISSIONERS OF
METROPOLITAN DADE COUNTY AND THE
DIRECTOR OF THE METROPOLITAN DADE
COUNTY DEPARTMENT OF ENVIRONMENTAL
RSOUCES MANAGEMENT THAT 1T WISHES TO
EXERCISE ITS OPTION TO EXEMPT THE CITY
OF AVENTURA FROM THE PROVISIONS OF
ORDINANCE 91-66; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION;
PROVIDING FOR TRANSMISSION; AND
PROVIDING AN EFFECTIVE DATE.
(First step in process to allow the City to create its own
Stormwater Utility Program to address City-wide drainage
problems)
7. PUBLIC HEARINGS
MOTION TO APPROVE REQUEST OF AK MEDIA,
INC. AND RALPH MUTCHNIK, TRUSTEE FOR
WAIVER FROM CITY'S CLASS "C" SIGN
MORATORIUM ORDINANCE IN ACCORDANCE
WITH APPLICATION FILED ON MARCH 14, 1997
Bo
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, ADOPTING A PORTION OF THE SIGN
CODE OF THE CITY OF AVENTURA, FLORIDA
PROVIDING FOR THE REGULATION OF
COMMERCIAL ADVERTISING SIGNS (INCLUDING
BILLBOARDS); PROVIDING FOR DEFINITIONS;
PROVIDING FOR PROHIBITION OF COMMERCIAL
ADVERTISING SIGNS AS DEFINED HEREIN
(INCLUDING BILLBOARDS); PROVIDING FOR
AMORTIZATION AND REMOVAL OF NON-
CONFORMING COMMERCIAL ADVERTISING
SIGNS; PROVIDING FOR EXEMPTIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
PENALTIES; PROVIDING FOR REPLACEMENT OF
CERTAIN DADE COUNTY CLASS "C" SIGN
REGULATIONS; PROVIDING FOR TERMINATION
OF CLASS "C" SIGN MORATORIUM; PROVIDING
FOR AN EFFECTIVE DATE.
April 1, 1997 Council Meeting
PUBLIC HEARINGS: ORDINANCES - SECOND READING
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA ESTABLISHING FEES FOR THE
PROVISION OF INFORMATION CONCERNING
OUTSTANDING OR PENDING CITY LIENS;
PROVIDING A FEE SCHEDULE FOR THE
PREPARATION AND RECORDATION OF LIENS AND
LIEN SATISFACTIONS; PROVIDING FOR
SEVERABILITY AND PROVIDING AN EFFECTIVE
DATE.
9. RESOLUTIONS: None
10. OTHER BUSINESS: None
11. REPORTS
12. PUBLIC COMMENTS
13. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS:
MONDAY, APRIL 7, 1997 9 AM
TUESDAY, APRIL 15, 1997 6 PM
COUNCIL WORKSHOP
COUNCIL MEETiNG
*Government Center, 2999 NE 191~t Street, Suite 500, Aventura, Florida 33180
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, 466-890t,
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 reoord 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.
MINUTES
CITY COUNCIL MEETING
CITY OF AVENTURA, FLORIDA
TUESDAY, MARCH 18, 1997 6 P.M.
COLUMBIA AVENTURA MEDICAL ARTS BUILDING
21110 BISCAYNE BOULEVARD SUITE 101
AVENTURA, FLORIDA
CALL TO ORDER/ROLL CALL: The meeting was called to order by Vice Mayor
Arthur Berger at 6 p.m. Present were Councilmembers Jay R. Beskin, Ken Cohen,
Harry Holzberg, Jeffrey M Perlow, Patricia Rogers-Libert, Vice Mayor Berger,
Mayor Arthur Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Smith, and
City Attorney Stephen J. Helfman. As a quorum was determined to be present, the
meeting commenced.
2. PLEDGE OF ALLEGIANCE: Paul Libert led the pledge of allegiance.
3. PLANNING HEARINGS - SPECIALLY SET BY COUNCIL FOR 6 P.M.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA GRANTING SITE
PLAN APPROVAL FOR PROPERTY LOCATED AT
17800-17870 BISCAYNE BOULEVARD, AVENTURA,
FLORIDA TO PERMIT A FREE-STANDING
RESTAURANT AND A FREE-STANDING RETAIL
USE; AND GRANTING A VARIANCE FROM THE
MINIMUM REQUIRED FIVE (5) FOOT REAR YARD
SETBACK AT THE RETAIL BUILDING; AND
GRANTING A VARIANCE FROM THE MINIMUM
REQUIRED TWENTY (20) FOOT FRONT YARD
SETBACK AT THE RESTAURANT BUILDING; AND
GRANTING A VARIANCE FROM THE REQUIRED
FORTY-EIGHT (48) PARKING SPACES BY
ALLOWING FORTY-ONE (41) PARKING SPACES;
AND PROVIDING AN EFFECTIVE DATE.
Jaye Epstein, Community Development Director, explained the request of the
applicant and the recommendation of staff. After having been duly sworn, the
following individuals addressed Council: Steven Kamelhair, 400 NW 74th Avenue,
Plantation, Florida; and Bruce Arthur, 800 Douglas Entrance, Coral Gables. Vice
Mayor Berger then opened the public hearing. The following individuals spoke:
Lionel Socolov, 3530 Mystic Point Drive; and Leonard Geller, Commodore Plaza.
There being no further speakers, the public hearing was closed. After discussion by
Council, a motion to defer this item until May 6, 1997 was offered by Councilmember
Cohen, seconded by Councilmember Beskin and unanimously passed, 6-0.
Councilmember Rogers-Libert was not present for the vote.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the March 4, 1997
Council Meeting and the March 13, 1997 Council Workshop Meeting, with the
correction of the spelling of the name Sydell Schwartz, was offered by
Councilmember Cohen, seconded by Councilmember Holzber9, unanimously passed
and the minutes were approved.
5. AGENDA: REQUEST FOR DELETIONS/EMERGENCY ADDITIONS:
Councilmember Beskin requested removal of items 7.A., 7.B., 7.E., and 7.G. from the
Consent Agenda. Vice Mayor Berger requested removal of item 7.D. from the
Consent Agenda. Councilmember Perlow requested removal of item 7.C. from the
Consent Agenda. A motion to defer item 8, first reading of the proposed Sign
Ordinance, until April 15, 1997, was offered by Councilmember Beskin, seconded by
Councilmember Rogers-Libert and unanimously passed.
6. SPECIAL PRESENTATIONS: None
CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Councilmember Perlow, seconded by Councilmember Rogers-Libert, and
unanimously passed. Thus the following action was taken:
F. Resolution No. 97-21 was adopted, as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA AWARDING AND
LETTING A BID/CONTRACT FOR BID NO. 97-3-3-2,
LEHMAN CAUSEWAY SIDEWALK IMPROVEMENTS,
TO COLONNA CONSTRUCTION, INC. AT THE BID
PRICE OF $26,851.20 AS CONTAINED IN EXHIBIT
"A"; AUTHORIZING THE CITY MANAGER TO
EXECUTE ASSOCIATED CONTRACTS;
AUTHORIZING THE CITY MANAGER TO TAKE
NECESSARY AND EXPEDIENT ACTION TO CARRY
OUT THE AIMS OF THIS RESOLUTION; PROVIDING
FOR THE APPROPRIATION AND ALLOCATION OF
FUNDS FOR SAID BID AWARD; AND PROVIDING
FOR AN EFFECTIVE DATE.
H. Resolution No. 97-22 was adopted, as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, ADJUSTING THE
1996197 FISCAL YEAR OPERATING AND CAPITAL
BUDGET AS OUTLINED IN EXHIBIT "A" ATTACHED
HERETO; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
A. Mr. Helfman read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, SELECTING THE
FIRM OF IVEY, HARRIS & WALLS, INC. TO
PERFORM PROFESSIONAL PLANNING SERVICES
RELATIVE TO RFP NO. 97-1-31-2,
COMPREHENSIVE PLAN AND LAND
DEVELOPMENT REGULATIONS; AUTHORIZING
THE CITY MANAGER OF THE CITY OF AVENTURA,
FLORIDA, ON BEHALF OF SAID CITY, TO
NEGOTIATE THE TERMS AND FEES FOR SAID
WORK; AUTHORIZING NEGOTIATIONS WITH
ALTERNATE FIRM TO PERFORM THE REQUIRED
SERVICES SHOULD NEGOTIATIONS WITH
SELECTED FIRM BE UNSUCCESSFUL; AND
PROVIDING AN EFFECTIVE DATE.
A motion to approve the resolution was offered by Councilmember Rogers-Libert,
seconded by Councilmember Cohen, unanimously passed by voice vote and
Resolution No. 97-23 was adopted.
B. Mr. Helfman read the following resolution by title:
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, URGING THE
FLORIDA LEGISLATURE TO REPEAL THE JOE
CARLUCCI UNIFORM FIREARMS ACT AND ALLOW
LOCAL GOVERNMENTS TO CONSIDER THE
ENACTMENT OF APPROPRIATE FIREARMS
CONTROL MEASURES TO ENSURE THE SAFETY
OF THEIR CITIZENS; PROVIDING FOR AN
EFFECTIVE DATE.
A motion to amend the resolution to provide that authority be invested in counties
only was offered by Councilmember Perlow, seconded by Councilmember Rogers-
Libert and unanimously passed. A motion to approve the resolution, as amended,
was offered by Councilmember Rogers-Libert, seconded by Councilmember Cohen,
unanimously passed and Resolution No. 97-24 was adopted.
C. Mr. Helfman read the following resolution by title:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA ESTABLISHING FEES FOR THE PROVISION
OF INFORMATION CONCERNING OUTSTANDING OR
PENDING CITY LIENS; PROVIDING A FEE SCHEDULE
FOR THE PREPARATION AND RECORDATION OF
LIENS AND LIEN SATISFACTIONS; PROVIDING FOR
SEVERABILITY AND PROVIDING AN EFFECTIVE
DATE.
A motion to approve the ordinance was offered by Councilmember Rogers-Libert,
seconded by Councilmember Holzberg and unanimously passed.
D. Mr. Helfman 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 LEASE AGREEMENT FOR PROPERTY
TO BE USED AS A LANDSCAPE BUFFER AND
BEAUTIFICATION BY AND BETWEEN THE CITY OF
AVENTURA AND FLORIDA EAST COAST RAILWAY
COMPANY; AUTHORIZING THE CITY MANAGER TO
DO ALL THINGS NECESSARY TO CARRY OUT THE
AIMS OF THIS RESOLUTION; AND PROVIDING FOR
AN EFFECTIVE DATE.
A motion to approve the resolution was offered by Councilmember Rogers-Libert,
seconded by Councilmember Cohen, unanimously passed and Resolution No. 97-25
was adopted.
4
E. Mr. Helfman read the following motion:
MOTION TO ACCEPT, FOR FILING WITH THE CITY
CLERK, THE COMPREHENSIVE ANNUAL
FINANCIAL REPORT FOR THE FISCAL YEAR
ENDED SEPTEMBER 30, 1996.
A motion to accept, for filing with the City Clerk, the comprehensive annual financial
report for the fiscal year ended September 30, 1996 was offered by Councilmember
Rogers-Libert, seconded by Councilmember Cohen and unanimously passed.
G. Mr. Helfman read the following motion:
MOTION OF THE CITY COUNCIL, IN ACCORDANCE
WITH RESOLUTION NO. 96-56, TO AUTHORIZE
THE CITY ATTORNEY TO TAKE THE NECESSARY
ACTION TO FORMALLY REQUEST THAT
METROPOLITAN DADE COUNTY TRANSMIT TO
THE CITY OF AVENTURA, ON OR BEFORE MAY 1,
1997, THE CITY'S SHARE OF FLORIDA POWER &
LIGHT FRANCHISE FEE REVENUES.
=
An amendment to the motion to clarify that this request is from the date of the City's
incorporation was offered by Councilmember Perlow, seconded by Mayor Snyder and
unanimously passed. A motion for approval, as amended, was offered by
Councilmember Rogers-Libert, seconded by Councilmember Cohen and unanimously
passed,
PUBLIC HEARINGS: ORDINANCES - SECOND READING
A. Mr. Helfman read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING ORDINANCE 96-12, WHICH
PROVIDED 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, BY EXTENDING THE TERM
OF THE MORATORIUM; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE
Vice Mayor Berger opened the public hearing. There being no speakers, the public
hearing was closed. A motion to approve the ordinance was offered by
Councilmember Rogers-Libert, seconded by Councilmember Holzberg, unanimously
passed by roll call vote, and Ordinance No. 97-08 was enacted.
B. Mr. Helfman read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, AMENDING ORDINANCE NO. 97-06
WHICH ESTABLISHES PROHIBITIONS AGAINST
EXCESSIVE NOISE BY ADDRESSING
CONSTRUCTION HOURS AND OTHER NOISE
ACTIVITIES; PROVIDING FOR SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
Vice Mayor Berger opened the public hearing. There being no speakers, the public
hearing was closed. A motion to approve the ordinance was offered by
Councilmember Rogers-Libert and seconded by Councilmember Beskin. A motion to
amend the ordinance to prohibit any construction on Sundays was offered by
Councilmember Cohen and seconded by Councilmember Holzberg. Councilmember
Beskin requested a ruling from the City Attorney as to whether or not the amendment,
which failed on first reading, was in order at this time. The City Attorney ruled in favor
of the maker of the amendment. Councilmember Beskin appealed the ruling of the
City Attorney to the Chair. The Chair ruled with the City Attorney. Councilmember
Beskin appealed the ruling of the Chair. The appeal was seconded by
Councilmember Rogers-Libert. By roll call vote, 4-3, Councilmember Beskin's appeal
was denied, with Vice Mayor Berger and Councilmembers Cohen, Holzberg and
Perlow voting in favor of the Chair and Councilmembers Rogers-Libert, Beskin and
Mayor Snyder voting no. The amendment was defeated 5-2 by roll call vote, with
Councilmembers Cohen and Holzberg voting no. The motion to approve the
ordinance passed unanimously by roll call vote and Ordinance No 97-09 was
enacted.
10. RESOLUTIONS: None
1]. OTHER BUSINESS: None
REPORTS
PUBLIC COMMENTS. The following members of the public addressed Council:
Arthur Hodgkins, 2770 NE 214th Street; and Paul Libert, 21155 Helmsman Drive.
14. ADJOURNMENT
There being no further business to come before Council at this time, after motion
made, seconded and unanimously passed, the meeting adjourned at 8:55 p.m.
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,
MINUTES
TOWN HALL MEETING
CITY OF AVENTURA, FLORIDA
MONDAY, MARCH 17, 1997 7 P.M.
CORONADO CONDOMINIUM
20301 W. COUNTRY CLUB DRIVE
AVENTURA, FLORIDA
The first Town Hall Meeting of the City of Aventura City Council to discuss the
proposed Aventura Founders Park was called to order by Mayor Arthur Snyder at 7 p.m.
Present were Councilmembers Jay R. Beskin, Ken Cohen, Harry Holzberg, Jeffrey M.
Perlow, Patricia Rogers-Libert, Vice Mayor Arthur Berger, Mayor Snyder, City Manager
Eric M. Soroka and City Clerk Teresa M. Smith. Muriel Cohen led the pledge of
allegiance.
Mayor Snyder explained the purpose of the meeting and the format to be followed.
He provided to those in attendance a status of this project from its inception.
Mr. Soroka presented information regarding open space requirements, the City's
open space deficiency, state guidelines for outdoor recreation activities, demographics
showing the age distribution in Aventura and the number of school age children living in
the City. Community Services Director Robert Sherman provided three options for
consideration in developing Aventura Founders Park.
Mayor Snyder then requested input from the public. Mr. Irv Schwartz presented
another option for use of Aventura Founders Park. The following individuals spoke:
Harold Teitelbaum; Nina Allard; Meyer Lakin; Mr. Drucker; Harold Zemel; Harold
Shapiro; Joe Dindy; Al Lewis; Fred Blank; Sydell Schwartz; John Redmock; George
Gordon; Ben Gilbert; Dan Teitelbaum; Barbara Brighton; David Frriedfurdik; Ken
Rosenberg; Harry Crook; Dan Eichmann; Beverly Mars; Marian Nebitt; Paul Libert;
Steven Pollanger; George Feffer; Jack Ross; Jared Perlow; Ruby Steiner; Shelley
Buncher; Sam Kravitz; Lionel Socolov; Robert Jordan; Abe Mintz; Marilyn Zellivant;
Rabbi Panick; Bernie Weinstein and June Stevens.
The meeting adjourned at 9:30 p.m.
Approved by Council on
Teresa M. Smith, CMC, City Clerk
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Eric M. Soroka, C~.~ ~,M
March 21, 1997
r
Adoption of Official City Seal
Ist Reading April 1, 1997 City Council Meeting Agenda Item ~ -~
2nd Reading April 15, 1997 City Council Meeting Agenda Item __
RECOMMENDATION
It is recommended that the City Council enact the attached Ordinance adopting the
official seal of the City of Aventura.
BACKGROUND
Florida Statute 165.043 provides for the adoption of the official seal of a City by
Ordinance (see attached). Furthermore, it states that the use of the seal, except by the
City without the express approval of the City is a second degree misdemeanor.
If you have any questions, please feel free to contact me.
EMS/aca
CC0265-97
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
ADOPTING THE OFFICIAL SEAL OF THE CITY;
PROVIDING FOR SEVERABILITY, INCLUSION IN THE
CODE AND AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 165.043, Florida Statutes, the City Council wants to
adopt an official municipal seal for the City to be affixed to all official actions or documents
of the City and to identify and authenticate documents.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Official Seal Defined. As used herein, the official seal of the City of
Aventura, Florida shall mean the following identifying symbol:
Section. 2. Execution and Acknowledgment of Written Instruments. Whenever it
shall be necessary for the City, under the authority of its City Council, its Charter or Code,
Ordinance No. 97-
Page 2
and the general laws of the State of Florida, to execute contracts, deeds, or other
documents on behalf of the City, the official seal of the City shall be affixed to such contract,
deeds or other document.
Section. 3. Prohibition. It shall be unlawful and a violation of this Ordinance for any
person, firm, corporation or other legal entity to print for the purpose of sale or distribution
or circulate, publish, use or offer for sale any letters, papers, documents, or items of
merchandise which simulate the official seal of the City or the stationery of a real or
fictitious agency, department or instrumentality of the City of Aventura without the
expressed written authority of the City Manager or designee.
Section 4. Exceptions. The provisions of this Ordinance shall not be applicable to
the City of Aventura, its agencies, departments, instrumentalities, quasi-judicial and
advisory bodies, acting within the scope of their official capacities.
Section 5. 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 6. 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 the City of Aventura; that the sections of this Ordinance may be renumbered or
Ordinance No. 97-
Page 3
relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to
"Section" or other appropriate word.
Section 7. 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 Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by Counciimember
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 Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 1st day of April, 1997.
Ordinance No. 97-
Page 4
PASSED AND ADOPTED on second reading this 15th day of April, 1997.
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
/tms
Ch. 165
FORMATION OF LOCAL GOVERNMENTS
tion or in the territory that is proposed for a formation or
any governmental unit with jurisdiction over such area.
(11) "Qualified voter" means any person registered to
vote in accordance with law.
(12) "Sufficiency of petition" means the verification of
the signatures and addresses of all signers of a petition
with the voting list maintained by the county supervisor
of elections and certification that the number of valid sig-
natures represents the required percentage of the total
number of qualified voters in the area affected by a pro
posal pursuant to this chapter.
History.--s 1, ch 74-192; s 11, oh 81-167; s 71, ch. 81-259; s 24, ch 82-154;
s 11, ch 83-55; s 37, ch 89~189
165,041 Incorporation; merger.--
(1) A charter for incorporation of a municipality,
except in case of a merger which is adopted as other-
wise provided in subsections (2), (3), and (4), shall be
adopted only by a special act of the Legislature upon
determination that the standards herein provided have
been met.
(2)(a) A charter for merger of two or more municipali-
ties and associated unincorporated areas may also be
adopted by passage of a concurrent ordinance by the
governing bodies of each municipality affected,
approved by a vote of the qualified voters in each area
affected.
(b) The ordinance shall provide for:
1. The charter and its effective date.
2. The financial or other adjustments required.
3. A referendum for separate majorities by each
unit or area to be affected,
4. The date of election, which should be the next
regularly scheduled election or a special election held
prior to such election, if approved by a majority of the
members of the governing body of each governmental
unit affected, but no sooner than 30 days after passage
of the ordinance.
(c) Notice of the election shall be published at least
once each week for 2 consecutive weeks immediately
prior to the election, in a newspaper of general circula
tion in the area to be affected, Such notice shall give the
time and places for the election and a general descrip-
tion of the area to be included in the municipality, which
shall be in the form of a map to show clearly the area to
be covered by the municipality.
(3) The merger of one or more municipalities or
counties with special districts, or of two or more special
districts, may also be adopted by passage of a concur-
rent ordinance or, in the case of special districts, resolu-
tion by the governing bodies of each unit to be affected.
(4)(a) Initiation of procedures for municipal incorpo-
ration by merger as described in subsections (2) and (3)
may be done either by adoption of a resolution by the
governing body of an area to be affected or by a petition
of t0 percent of the qualified voters in the area.
(b) If a petition has been filed with the clerks of the
governing bodies concerned, the governing bodies shall
immediately undertake a study of the feasibility of the
formation proposal and shall, within 6 months, either
adopt an ordinance under subsection (2) or subsection
(3) or reject the petition, specifically stating the facts
upon which the rejection is based,
(c) The purpose of this subsection is to provide
broad citizen involvement in both initiating and develop.
lng their local government; therefore, establishment of
appropriate citizen advisory committees, as well as
other mechanisms for citizen involvement, by the gov.
erning bodies of the units affected is specifically author-
ized and encouraged.
165.043 Official county or municipal seal.--The
governing body of a county or municiparity may, by ordi~
nance, designate an official county or municipal seal.
The manufacture, use, display, or other employment of
any facsimile or reproduction of the county or municipal
seal, except by county or municipal officials or employ-
ees in the performance of their official duties, without
the express approval of the governing body is a second
degree misdemeanor, punishable as provided in s.
775.082 or s. 775.083.
165.051 Dissolution procedures.--
(1) The charter of any existing municipality may be
revoked and the municipal corporation dissolved by
either:
(a) A special act of the Legislature; or
(b) An ordinance of the governing body of the
municipality, approved by a vote of the qualified voters.
(2) If a vote of the qualified voters is required, the
governing body of the municipality or, if the municipal
governing body does not act within 30 days, the govern
lng body of the county or counties in which the munici
pality is located, shall set the date of the election, which
shall be the next regularly scheduled election or a spe-
cial election held prior to such election, if approved by
a majority of the members of the governing body of each
governmental unit affected, but no sooner than 30 days
after passage of the ordinance. Notice of the election
shall be published at least once each week for 2 consec-
utive weeks prior to the election in a newspaper of gen
eral circulation in the municipality.
165.052 Special dissolution procedures.--
(1) The Secretary of State by proclamation shall
declare inactive any municipality in this state upon a
report being filed by the department which shall show
that such municipality is no longer active, based upon
a finding:
(a) That the municipality has not conducted an elec-
tion for membership in its legislative body within the 4
years immediately preceding, or as otherwise provided
by law;
(b) That a notice of the proposed proclamation has
been published at least once each week for 2 consecu-
tive weeks in a newspaper of general circulation within
the county wherein the territory of the municipality ~s
located, stating the name of said municipality, the law
under which it was organized and operating, a general
description of the territory included in said municipality,
end stating that any objections to the proposed procla-
mation or to any debts of said municipality shall be filed
not later than 60 days following the date of last publica-
tion with the department; and
1284
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Eric M. Soroka,
March 27, 1997
Work Authorization No, 97-109-A for O'Leary Design Associates -
Beautification Plans - Aventura Boulevard and Northern Entrance
April 1, 1997 City Council Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Council authorize the execution of the attached work
authorization which addresses the final design of beautification plans for bid for
Aventura Boulevard and the Northern median entrance on Biscayne Boulevard.
The beautification of Aventura Boulevard and the northern median of Biscayne
Boulevard has been identified as a priority by the City Council to complete this year.
BACKGROUND
The City Council, at the December 3, 1996 regular meeting, adopted a motion to
proceed with the design and implementation of beautification plans for Aventura
Boulevard and the northern median entrance of Biscayne Boulevard. These conceptual
plans were presented to the Beautification Advisory Board at the November 27, 1996
meeting and the Board expressed their wholehearted approval.
Pursuant to the aforementioned direction, attached hereto is the work authorization for
O'Leary Design Associates to provide the following scope of services relative to the
beautification of Aventura Boulevard and the northern median of Biscayne Boulevard:
1. O'Leary Design Associates will prepare detailed construction plans and bid
documents to include landscaping, curbing, street furniture, decorative street
lighting fixtures, graphic design layout, landscape lighting (Aventura
Boulevard only) and irrigation improvements.
Memo to City Council
Mamh 27, 1997
Page 2
O'Leary Design Associates will assist the City in the bidding process and will
provide construction administration services throughout the project until
accepted by the City.
O'Leary Design Associates is proposing to utilize other firms as sub-
consultants for this project. They are Bailey Engineering Consultants, who
will provide the electrical engineering services for this project and Tom
Graboski Associates, Inc., who will provide the graphic design services.
Inclusion of this firm will provide a coordinated graphics presentation for City Council
approval that will include the following:
· Entry signage
· Street signage
· Traffic signage
· Banner graphics
· Color coordination of signs
· Location drawings for signs
A breakdown of the fees are as follows:
O'Leary Design Associates
Bailey Engineering (Electrical Engineer)
Tom Graboski Associates (Graphic Design)
TOTAL
$79,80O
33,200
13,800
$130,800
The budget includes sufficient amounts to fund this wok authorization. It is estimated
that the construction cost will be $1,500,000.
Mr. O'Leary has suggested that a six month construction period will be required after
the design and bidding portions of the project are completed. I recommend we move
expeditiously in this matter.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0239-97
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. 97-109-A FOR PROFESSIONAL
LANDSCAPE ARCHITECT SERVICES FOR AVENTURA
BOULEVARD AND THE NORTHERN MEDIAN OF
BISCAYNE BOULEVARD BY AND BETWEEN THE CITY
OF AVENTURA AND O'LEARY DESIGN ASSOCIATES,
P.A.; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; 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. 97-109-A for professional landscape architect services for
Aventura Boulevard and the northern median of Biscayne Boulevard, in the amount of
$130,800, by and between the City and O'Leary Design Associates, 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.
Resolution No.
Page 2
The foregoing Resolution was offered by Councilmember
moved its adoption. The motion was seconded by Councilmember
and upon being put to a vote, the vote was as follows:
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
, who
PASSED AND ADOPTED this 1st day of April, 1997.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
WORK AUTHORIZATION NO. 97-109-A
The City of Aventura has requested Work Authorization No. 97-109-A, as provided for in the
agreement between the City of Aventura and O'Leary Design Associates, P.A. and approved by
the City Commission on August 20, 1996.
This Work Authorization No. 97-109-A provides for Landscape Architectural services in
accordance with Articles 3 and 4 of the agreement as further detailed in the scope of services
Exhibit A.
Payment for such services shall be in accordance with Article 5 of the agreement.
Total estimated labor expenses are ............ $ 79,800.00
Total extimated direct expenses are ............ $ 47,000.00
Total estimated reimbursables are .............. $ 4,000.00
O'LEARY DESIGN ASSOCIATES, P.A.
By: ' ' ~
William A. O'Leary, FASLA .~
ATTEST:
City Clerk
TERESA M. SMITH
APPROVED AS TO FORM
CITY:
throu . it Manager f
BY:c~y M~nager ~x,x,"~ /
ERIC M. SORO~'
day of .,19~
By:
City Attorney
WEIS S- SEROTA-HELFMAN
Notice to Proceed Yes No
Project Initiation Date
RECOMMENDED through its
DIRECTOR of COMMUNITY SERVICE
Director of Community Service
ROBERT M. SHERMAN
__day of ,19.__
EXHIBIT 'A'
WORK AUTHORIZATION NO.97-109-A
AVENTURA BOULEVARD AND BISCAYNE BOULEVARD
NORTH MEDIAN CONSTRUCTION PLANS & BID DOCUMENTS
FOR
AVENTURA, FLORIDA
SCOPE OF CONSULTING SERVICES
BETWEEN
THE CITY OF AVENTURA, FLORIDA
AND
O'LEARY DESIGN ASSOCIATES, P.A.
FEBRUARY 28, 1997
EXHIBIT 'A'
WORK AUTHORIZATION NO. 97-109-A
AVENTURA BOULEVARD AND BISCAYNE BOULEVARD
NORTH MEDIAN CONSTRUCTION PLANS & BID DOCUMENTS
FOR
AVENTURA, FLORIDA
SCOPE OF CONSULTING SERVICES
PREAMBLE
The Consultant proposes to provide professional services associated with the preparation
of Construction Plans and Bid Documents.
1.0 Preparation of Construction Plans and Bid Documents
The Consultant will prepare detailed construction plans and bid documents
to include landscaping, additional curbing, street furniture, street lighting,
graphic design, landscape lighting, and irrigation.
The Consultant will include in this contract the services of Bailey
Engineering, Inc. Electrical Engineers and Tom Graboski & Associates,
Graphic Designers, and will coordinate the services of Keith & Schnars,
Inc., Civil Engineers.
2.0 Bidding Phase
The Consultant shall assist the City of Aventura in securing competitive
bids for this project.
These services will include attendance at a pre-bid conference, answering
of bidders questions during Bidding Phase, issue addenda, evaluation of
competitive bids, and written recommendation of successful bidder.
3.0
Construction Administration Phase
The Consultant will administer the construction of this project as follows:
* Attend pre-construction "kick-oW' meeting.
* Attend on-site construction meetings, as needed,
* Attend all coordination meetings with City.
* Perform periodic observations during the construction
process.
* Complete all meeting minutes and project correspondence,
* Review and approve contractor's shop drawings and payment
requisitions,
* Select specimen plant material.
* Attend on-site testing and adjustment of lighting fixtures.
Complete final inspection and final punch-list and issue Notice of
Acceptance to contractor.
* Secure all warranties and operating manuals and remit to City.
* Prepare "as-builts" plans documenting deviations and or additions to
Contract Plans.
O'LEARY DESIGN ASSOCIATES., P.A.
Landscape Architects
WAGE RATE CERTIFICATION
DATE: February 28, 1997
PROJECT: AVENTURA BLVD & BISCAYNE BLVD
NORTH MEDIAN CONSTRUCTION PLANS & BID DOCUMENTS
PROJECT MANAGER: WILLIAM A. O'LEARY, FASLA
PROJECT NO.: 97-109-A
TASK NAME: LANDSCAPE ARCHITECTURAL SERVICES
TASK HOURLY PROPOSAL
CLASSIFICATION HOURS RATE DOLLARS
1. PROJECT MANAGER 420 90 $ 37,800.00
2. LANDSCAPE ARCHITECT 560 75 $ 42,000.00
TOTAL HOURS
TOTAL DOLLARS 79,800.00
REIMBURSABLE EXPENSES EST. COST RELATED
PRINT NO.
LANDSCAPE CONTRACTOR
CONSULTANT A
PERMIT FEES
TRAVEL
EQUIPMENT/SUPPLIES
PRINTS & GRAPHICS
1,000.00
$ 3,000.00
$ 4,000.00
33,200.00
13,800.00
A. TOtal REIMBURSABLE EXP.
DIRECT EXPENSES:
SUBCONSULTANT A - ELECTRICAL
SUBCONSULTANT B - GRAPHICS
BLUEPRINT/REPROS
PERMIT FEES
MEALS
EQUIPMENT/SUPPLIES
B. TOTAL DIRECT EXPENSES
C. TOTAL DIRECT LABOR
TOTAL BUDGET
(A+B+C)
PREPARED BY: WAO
APPROVED BY: WAO
$ 47,000.00
$ 79,800.00
$ 130,800.00
2/28/97
2/28/97
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Robert _ _.,~tojr_~...,,....r. of Community Services
M. Sherman, Din
Eric M. Soroka, City~.~ag~r
December 12, 1996
Median Landscape & Beautification Concepts Policy
The City Council at the December 3, 1996 meeting adopted the following policy motion
with respect to the concept plans.
1. The City Manager and staff are authorized t/o proceed with the design and
implementation of beautifica~tion plans fo~' Aventura Boulevard and the
northern median entrance onCBiscayne Boulevard as well as the design of the
landscape barrier south of Lehman Causeway along the Florida East Coast
Railroad tracks.
2. The City Manager is authorized to develop public-private partnerships for the
funding of the improvements along Aventura Boulevard, 190, 213 and 207
Streets.
3. The City's Five Year Capital Improvement Program will contain beautification
projects to address medians throughout the City including private roads that
will become the jurisdiction of the City.
EMS/aca
cc: City Council
CM0171-96
PRELIMINARY COST ESTIMATE
BISCAYNE BOULEVARD NORTHERN MEDIAN
Aventura, Florida
BISCAYNE BL VD. NORTHERN MEDIAN
ITEM QTY. UNIT UNIT COST TOTAL
Mobilization/Bonds/Permits (1.5%) 1 LS $4,380.00 $4,380.00
Clearing/Grubbing/Soil Removal 1 LS $10,000.00 $10,000.00
Groundcover 9,000 LS $8.00 $72,000.00
Date Palms 40 EA $3,500.00 $140,000.00
Planting Soil / Mulch 1 LS $25,000.00 $25,000.00
Irrigation I LS $22,000.00 $22,000.00
Entry Graphics I LS $20,000.00 $20,000.00
Decorative Street Lighting I LS $0.00 $0.00
Maintenance of Traffic (1%) 1 LS $2,890.00 $2,890.00
Sub-total SF $296,270.00
i% Contingency $14,813.50
TOTAL $311,083.50
AVENTURA BOULEVARD
ITEM QUANTITY UNIT UNIT COST SUBTOTAL
DATE PALM (14' C.T.) 45 EA $3,500.00 $157,500.00
22' MINIMUM COCONUT PALM 66 EA $2,000.00 $132,000.00
18' MINIMUM LIVE OAK 144 EA $800.00 $115,200.00
GROUND COVER 28,000 EA $3.00 $84,000.00
SEASONAL COLOR 17,420 EA $3.00 $52,260.00
SOD REPAIR 1 LS $5,000.00 $5,000.00
IRRIGATION REPAIR 1 LS $25,000.00 $25,000.00
PLANT AND TREE REMOVAL LS $25,000.00
RELOCATE SABAL PALMS 70 EA $150.00 $10,500.00
DECORATIVE STREET LIGHTS 50 EA $4,000.00 $200,000.00
UPLIGHTS 156 EA $450.00 $70,200.00
SIGNAGE/STREET FURNITURE I LS $50,000.00 $50,000.00
ELECTRICAL SERVICE/SITE PREP I LS $200,000.00 $200,000.00
NEW CONCRETE CURBING 2,500 LF $15.00 $37,500.00
ENTRANCE FEATURE/SIGNAGE LS $10,000.00
SUBTOTAL $1,164,160.00
5% Contin~]enc¥ $58,208.00
TOTAL $1,222,368.00
February2?, I~g7
Mr. Bill O'Leary . .
O'Leary Design Associates
Oak Plaza Professional Center
8526 BW 92nd Street
Suite C11
Miami, FL 33166
RI[: ~IGNA~E AND GRAPHIC= DIEGC[GN $1:RVICIE~ FOR AVENTURA BOUL, teVARD
Dear Mr. O'Leary;
We are please to present this proposal for Environmental Slgnage and Graphic Design
services for the Aventura Boulevard project.
Based on your needs, I would propose the following Scope of Work:
L
Il.
IV,
Entry Features:
A. Monument sign 3' height +/- at Bi?.cayne..B. tvd and_A, ve, n,t_ura..BJvd.
8, Upgrade e.xistin~ slgn in the meaian on t~mcsyne I~lva, It~etein same
bas'lc configuration and size & location).
Slgnage:
A. Street signs, stop signs, otc.
B. Banners on street light pores,
Provide design input for the following;
A, BUS shelter
B. Benches and trash receptacles
C. Street lighting {variations on Council selected fixtures to accommodate
aignage or ~raphic items).
Our office wd] pa~orm most of the work on this item.
Meetings
A. Meetings w th TGA off ee a.nd m, anufa~t,urer's reps., as .n.?e..ded., .possibly a
meeting with Aventura eta., an(3 poseit~ly, a meeting w~tn the ~y
Council
Each area would be handled in phases as follows:
Part 1 Analysis, Planning and Preliminary Design
Par~ 2 Final Design
Part 3 Documentation and Bidding
Part 4 Observation and Implementation
FEB 27 "97 15:03 TOH GRABOSKI 385 445 5885
Aventura, Boulevard
Part 1: Analysie, Planning and Preliminary Design
Analysts of project requirements to define end Identify areas of involvement to
achieve effective graphic communication.
1. Review of architectural plans of the project
2. Obtain necessary information concerning operating and functional
requirements,
3. Review with Client budgetary considerations.
4. Determine code requirements applicable to the project,
B. Planning and Preliminary Design 1. Develop graphic systems and concepts for effective communication
throughout the site.
2. Provide preliminary schedule and location drawings for graphic elements.
3, Provide schematic designs of all elements showing approximate colors, sizes,
shapes and manufacturers,
4. Review with Client: sign types, copy, colors, locations, for approval.
5. Design of Items I through III, as defined.
Part 2: Final Design and Coordination
A. Final Design
1. Using applicable techniques, develop designs for all signage and graphic
items which were approved in Part 1.
2. Design and select appropriate alphabets, lettedorma, color and materials for
all items.
3. Development of designs and presentation to Client.
B. Coordination 1. Coordinate final copy with Client,
2. Obtain approximate cost estimates for fabrication.
Part 8'. Documentation and Bidding
A. Working Drawings and Specifications 1, Provide final location plans and graphics schedule of all items.
2, Provide working drawings for all signage to be manufactured.
I~. Bidding
1.
2.
3,
Select competent fabricators to bid on work specified.
Issue documents fo~ bidding and review drawings with bidders.
Respond to bidders inquiry.
Part 4: Observation end Implementation
A. Observation of fabricator's work. 1. Coordinate the awarding of contract for fabrication and installation to
successful bidder.
2, Review shop drawings provided by fabricator.
Inspect work in progress in fabricator's shop, if requested by Client and
approved in advance.
4. Observation of Installer{on.
5. Inspect construction of graphic Items (not to exceed three site visits).
F~ £7 '~7 ~5~0~ T~ ~R~I<I 305 ~5 $~8~
Aventura, Boulevard
P.3
At all times, we will work closely with your staff and team of planners end architects to
insure a complete overall Image.
Our design fee for this project will be $1~,B00.00, exclusive of reimbursable expenses,
In addition to our fees, Tom Graboskl Associates, Inc., wilt be reimbursed for all actual
outside services or expenses related to.the execution of this contract, plus 17% to cover
administrative costs. Such reimburaab'lea include, but are not limited to, the following:
renderings, prototypes, models, stock photos, preparation of camera ready art work,
digital output, deliveries, long distance phone calls, facsimile transmittals, Photostats,
typesetting, em. Travel end lodging o~tside Dads and Browerd Counties {approved in
advance) would be billed at cost. We e~tlmets reimbursable expenses shall not exceed
$2,200.00.
Invoices will be issued on a monthly basis according to the percentage of completion of
each phase, plus reimbursable expenses. Payment for invoices are due upon receipt, any
amount outstanding over thirty days from date cf Invoice will be subject to 1.B% per
month interest on the unpaid balance.
Permits, consultants such aa engineering and architectural services or seals are not
Included. If required, they would be billed at cost or we could work with Client's architect.
Fabrication of signs, engineering of signs and footings and permits are usually handled
by the sign fabricators at the time of execution and are by others.
Any additions or changes to the scope 'of work'after s phase has been approved will be
billed at our regular hourly rates until t;ha changes are back in phase. Regular hourly rates
which apply are'.
Principal
Project Manager
Senior Designer
Computer generated artwork
Clerical
$110.00 per hour
$ 85.00 per hour
$ 75.00 per hour
$ 6B,O0 per hour
$ 45,00 per hour
The Client's responsibilities shall begin :with the provision of all information relative to the
creation of a comprehensive Design Program. Furthermore, he shall provide all maps,
aerials, plans, specifications and documents applicable to the Project, es well aa
information relative to deadlines and scheduling of si[ installation dates. All such
Information shall be assumed to be correct unless written notlficstion is provided to the
contrary. All information shall be provided to the Designer in a timely manner
compatible with project time schedules,
FEB £? '97 15:05 TOM GRABOSKI 385 445 5885
Aventura Boulewrd
P.4
The Client shall render decisions on all submissions by the Consultant within a mutually
agreed upon time period specified with each submission. Failure by the Client to respond
within the allotted time shall neceaaitate suspension of the Consultant's Services until such
response is received, it ia therefore most important that the Client appoint an Individual
representative to render such decisions so aa to avoid any unnecessary delay in the
orderly progress of the work, or adherence to Client requested schedule.
The Client and Tom Graboskl Associates, Inc. shall mutually participate in development of
all text with ftnal approval provided by the Client.
If requested, purchasing by the Designer on behalf of the Client shall be carried out On a
coat plus basis, Client shall be billed for all items purchased by the Designer at cost with
maximum discount offered the Designer, plus a 17% purchasing fee for processing by
this office.
The Designer shall invoice the Client separately for these services as indicated above, with
full payment being due upon reaelpt of said invoice.
Any design In Its final form selected and approved by the Client becomes the exclusive
property of the Client. Original drawings and specifications, as instruments of Service
are, andahall remain the property of the Designer. At the completion of the project the
Client wil] receive a complete reproducible set of drawings and specifications of all
approved final designs.
The drawings and specifications are prepared expressly for the Aventura Boulevard
environmental graphics and slgnage system as developed by Tom Graboskl Associates,
Inc. Use by the Client of the above mentioned drawings and specifications for any project
other than this project ia allowed provided that Tom Graboski Associates, Inc. ia
indemnified against any and al~ legal action arising from their use, and appropriate
compensation is paid to the Designer,
The Client and/or Designer may terminate this project at any time by notifying the
Designer and/or Owner by telegram or registered mail of such intent, At least seven (7)
days written notice shall be provided for termination of services under this agreement.
Upon such notification, an invoice for the Designer's services on the project will be sent to
the Client, billed to the end of the phase In which the termination occurs. A~I expenses
directly attributable to termination or suspension shall be included in this invoice,
This letter represents the entire Agreement between the Client end the Designer, and
supersedes all prior negotiations, representations and agreements. This Agreement may
be amended only by written Instrument signed by both the Client and Designer and
attached hereto.
Projects halted for more than g0 days may be subject to renegotlation of the contract at
Designer's discretion due to other scheduling conflicts which may result. This agreement
shall be governed by the Law of the State of Florida,
Aventura' Boulevard
P.5
If this agreement meets with your approval, please sign both copies and return the
original to us w~th your retainer check of $2,500.00. Upon receipt of the signed copy we
will f3roceed with the work outlined.
Very truly yours,
TOM GRABOSKI ASSOCIATES, INC.
TG/tp
Approved by:
Tiffs:.
Date;.
February 25, 1997
Mr. William O'Leary
O'Leary Design Associates, P.A.
Oak Plaza Center
8525 S.W. 92"d Street, Suite C11
Miami, FL 33156
Aventura Boulevard &
Biscayne Boulevard Ent~Tway
Aventura, Florida
Dear Mr, O'Leary:
We are pleased to submit our proposal for eleetrieal engineering services for the above project. Our services shall
include the following:
Completed tracings of drawings for the work, covering all phases of our design, in accordance witl~ a
format determined by you.
Final project specifications.
Final cost estimate for the work performed trader this agreement. At~end' meetings to mlswer questions
.relevant to our desigm
4. Services during bidding.
5. Coordination with FP&L for electric service requirements.
Our scope of services shall include the design of an electrical system to provide service to decorative street
lighting. (Lights to be installed on north and south side of the Aventura Boulevard at approximately 100 feet
intervals); to decorative uplights to be installed in the median and to four (4) new bus shelters. A separate
electrical system ~vi11 be provided to light the entraneeway to Aventura on Biscayne Boulevard. Our proposed
sheet list is attached. Our fee for this work shall be $20,600.00, payable as followS:
25% Complete - When Plans are 25% Complete
50% Complete - When Plmas are 50% Complete
80% Complete - When Plans are 80% Complete
90% Complete - When Plans are 90% Complete
100% Complete - When Plans are Complete
$ 5,150.00
$ 5,150.00
$ 6,180.00
$ 2,060.00
$ 2,060,00
Very truly yours,
/Stephen E. Barley, ~¢fB,
ACCEPTED.
F03297D.wpd
DATE.
2101 N. ANDREWS AVENUE, SUITE 100, FORT LAUDERDALE, FLORIDA 33311
AVENTURA BOULEVARD &
BISCAYNE BOULEVARD ENTRYWAY
AVENTURA, FLORIDA
PROPOSED SHEET LIST
February 25, 1997
E-1
E-2
E-3
E-4
E-6
E~7
E-8
E-9
E-10
E,I 1
E-12
E-13
Symbols & Abbreviations
Roadway Lighting Plan - 1
Roadway Lighting Plan - 2
Roadway Lighting Plan ~ 3
Roadway Lighting Plan - 4
Roadway Lighting Plan - 5
Roadway Lighting Plan - 6
Single Line Riser Diagrams
Single Line.Riser Diagrams
US 1 Entryway Lighting Plan
Bus Stop/Miscellaneous Structures Electrical Plan
Electriefl Details
Lighting Details
02/25/1997 16:48 954-564-3040 BAILEY ENGINEERING PAGE
Febmary25,1997
Mr. William O'Leary
O'LearyDesign Associates, P.A.
Oak Plaza CenSer
8525 S.W. 92~ Street, Suite C11
Miami, FL 33156
Aventura Boulevard &
Biscayne Boulevard Entryway
Aventura, Florida
Dear Mr. O'Leary:
We are pleased to submit our proposal for general serdces during construction for the above pr0jeet.
Our services shall be for the electrical work shown on our contract documents and shall consist of
the fo.llo~ving:
Task 1 - Shop Drawing Review
Review and approve (or take other appropriate action in respect of) Shop Drawings and samples, the
results of tests and inspections and other data which each Contractor is required to submit, but only
for conformance with the design concept of the'Project and compliance with. the information given
in the Contract Documants (but such review and approval or other action shall not exceed to means,
methods, sequences, teclmiques or procedures of construction or to safety precautions and programs
incident thereto); and receive and revJ. ew (for general content as required by the Specifications)
maintenance and operating schedules and instruction, guarantees, bonds and certificates of inspection
which are to b~ assenlbled by Contractor(s) is in accordance with the Contract Documents.
Task 2 - Issue Clarifications
Issue all instructions of OWNER to Contractor(s); i~sue necessary interpretations and clarifications
of the Contract Documents; have anthority/as OW'NER's representative to require special inspection
or testing of the work; act as initi~ interpreter of the requirements of the Contract Documents and
judge of the acceptability of the work thereunder, and make decisions on all claims of OWNER and
Contractor(s) relating to the acceptability of the work or the interpretation of the requirements of the
Contract Documents perta/ning to the execution and progress of the work. The ENGINEER shall
render all interpretations or decisions in good faith and in accordance with the requirements of the
Contract Documents.
02/25/1997 16:48 954-564-3840 BATLEY ENGINEERING PC~E 05
Mr. William O'Leary
February 25, i997
Task 3 - Site Visits
Mhke visits to the site at periods appropriate to file yarious stages of construction to observe, as an
experienced and qualified professional, /he progress and quality of the executed work of
Contractor(s) and to determine in general if such work is proceeding fit accordance with. the Cm~traet
Documents. Prepare trip reports to doemnent observations made during tlaese inspections,
ENOINEER shall not be responsible for the means,,methods, teetmiques, sequences or procedures
of construction selected by Contractor(s) or the safety precmtfions and programs/~nei.dent to the work
of Contractor(s), ENGINEER's efforts will be directed toward providing a greater degree of
confidence for oWNER that the completed work of Contractor(s) will conform to the Contract
Drawings, but ENGINEER shall not be responsible for the failure of Contractor(s) to pc-~rform the
Work in accordance with the Contract Drawings. During such visits and on the basis of on-site
observations, ENGINEER shall keep OWNER informed of th.e progress of the work, shall endeavor
to guard OWNER against defects and deficiencies in such work and may disapprove or reject work
failing to conform to the Contract Documents..
Task 4 ~ As-.Built Drawings
BEC will make ehan.ges to the contract documents to reflect as-built infommtion provided by the
Contractor.
The above work w/Il be performed on a lump sum basis of $12,620.00. A detailed cost breakdown
of job tasks is provided on the follovAng page. Our fee will be billed at monthly intervals. Travel
to and from the site and other direct costs are included in the overhead rate and will not 'be billed as
a separate line item.
Very truly yours,
ACCEPTED
Enclosure
FO3397G.wpd
DATED
AVENTURA BOULEVARD &
BISCAYNE BOULEVARD ENTRYWAY
AVENTURA, FLORIDA
GENERAL SERVICES
February 25, 1997
.T.a~k
Sr. Electrical
Task 1 - Shop Drawing Review
~ Billing Rate
40 $90/Hr
Cost
$ 3,600.00
Task
Sr. Electrical
Task 2 - Issue Clarifications
Man Ho~s ~
3 0 $9 O/Hr
Cost
$ 2,700.00
Task
Sr. Electrical
ManHours ]31lHn~ Rate
40 $90/Hr
COSt
$ 3,600.00
Task
Sr. Electrical
Drafting
Subtotal
Task 4 - As-guilts Drawings
Man I-Iours Billing Rate
8 $90/Hr
40 $50;Hx
Cost
720.00
2,720.00
Task 1 - Shop Drawing Review
Task 2 - Issue clarifications
Task 3 - Site Visits
Task 4 - As~Builts Drawings
TOTAL
$ 3,600.00
$ 2~700.00
$ 3,600.00
$ 12,620.00
CITY OF AVENTURA
OFFICEOFTHEClTYMANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council it~er
Eric M. Soroka, C
March 27, 1997 ~
Resolution Opposing Proposed Budget and Personnel Cuts at the
National Hurricane Center
April 1, 1997 City Council Meeting Agenda Item ~>-~-~.
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution opposing the
proposed budget and personnel cuts at the Hurricane Center.
If you have any questions, please feel free to contact me.
Attachment
EMS/aca
CC0271-97
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, EXPRESSING CONCERN
OVER THE PROPOSED BUDGET AND PERSONNEL
CUTS AT THE NATIONAL HURRICANE CENTER;
DIRECTING THE CITY CLERK TO TRANSMIT COPIES OF
THIS RESOLUTION TO THE DADE COUNTY
DELEGATION, THE FLORIDA LEGISLATURE AND THE
SENATORS AND REPRESENTATIVES REPRESENTING
THE DADE COUNTY AREA; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the National Weather Service's National Hurricane Center is
located in Dade County, Florida; and
WHEREAS, Florida is the state most adversely affected when hurricanes and
tropical storms make landfall in the United States; and
WHEREAS, the National Weather Service proposes to cut the budget of the
National Hurricane Center and to cut the center's staff by 24 percent; and
WHEREAS, these cuts increase the risk to the people of Florida and other
southern and northeastern states, and are contrary to the goal of protecting the public
safety and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. This Council opposes the proposal by the National Weather
Service to cut expenses and personnel at the National Hurricane Center, leaving the
people of this state with dangerously reduced protection from the threat of natural
disaster.
Section 2. The City Clerk is hereby authorized to transmit a copy of this
Resolution to the Dade County Delegation, the Florida Legislature and the Senators
and Representatives representing the Dade County area.
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 Councilmember
and upon being put to a vote, the vote was as follows:
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 1St day of April, 1997.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
OFFICEOFTHECITYMANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council ty~'~
Eric M. Soroka, Ci
March 27, 1997
Resolution Authorizing Execution of Agreement to Perform
Government Center and Police Facility Needs Assessment
Study - Arquitectonica RFQ 97-1-21-2
April 1, 1997 City Council Meeting Agenda Item (.o-L~
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution which authorizes
the execution of an agreement to perform professional amhitectural services for the
Government Center and Police Facility Needs Assessment Study with Arquitectonica.
The fee for services is $33,000.
BACKGROUND
As authorized by Resolution No. 97-13, the City Administration has negotiated the
Scope of Services and fees for the above-referenced project. The attached contract is
the result of the negotiations.
The major points of the Agreement are as follows:
1. The cost is $33,000 which is comparable to similar studies conducted for
other cities.
2. The study will be complete in 90 days.
3. The services to be provided are in accordance with the Request for
Qualifications.
The cost of the study will be charged to the line of credit in order to recover the costs
from the proposal bond.
Memo to City Council
Page 2
If you have any questions, please feel free to contact me.
Attachment
EMS/aca
CC0270-97
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED AGREEMENT
FOR PROFESSIONAL ARCHITECTURAL SERVICES
WITH ARQUITECTONICA INTERNATIONAL
CORPORATION TO PERFORM GOVERNMENT CENTER
AND POLICE FACILITY NEEDS ASSESSMENT STUDY
AS SET FORTH IN RFQ 97-1-21-2 IN THE AMOUNT OF
$33,000; 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
Agreement For Professional Architectural Services With Arquitectonica International
Corporation to perform Government Center And Police Facility Needs Assessment
Study as set forth in RFQ 97-1-21-2 in the amount of $33,000.
Section 2. This Resolution shall become effective immediately upon its
adoption.
who
The foregoing Resolution was offered by Councilmember ,
moved its adoption. The motion was seconded by Councilmember
, and upon being put to a vote, the vote was as follows:
Councilmember Jay Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Liber t
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
Resolution No.
Page 2
PASSED AND ADOPTED this 1st day of April, 1997.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
CITY OFAVENTURA
AGREEMENT
FOR
PROFESSIONAL ARCHITECTURAL SERVICES T° PERFORM
GOVERNMENT CENTER AND
POLICE FACILITY NEEDS ASSESSMENT STUDY
RFQ 97-1-21-2
THE AGREEMENT, made and entered into this day of April, 1997, by and
between the CITY OF AVENTURA, hereinafter referred to as "City" and Arquitectonica
Intemational Corporation, 550 Brickell Avenue, Suite 300, Miami, Florida 33131, a
corporation, hereinafter referred to as "Architect."
In consideration of the mutual covenants set forth in this Agreement, the parties
agree as follows:
1. SCOPE OF SERVICES.
The Architect shall perform a Government Center and Police Facility Needs
Assessment Study which shall include the following tasks:
a. Review the proposed project with City staff.
b. Study routine operations as required in order to achieve a thorough
understanding of the operation in the City.
c. Identify and determine, for each distinct operational and/or program element,
a set of specific space needs for both current and long-term projected (20 years)
operations. This shall include staffing level studies (current and future), vehicle counts,
traffic patterns, and space analysis.
d. Determine the interaction/adjacency priorities of the operational elements.
e. Determine current site needs, including evaluation of two proposed sites, and
current and long-term parking after initial occupancy.
f. Develop concepts (schematic design) that indicate all City operations in one
building at one location or one facility for the Government Center and one facility for the
police station.
g. Develop concepts (schematic designs) that would prove most feasible and
cost effective.
h. Provide approximate construction and fumishings costs for the new facilities
(not including site acquisition).
i. Develop and personally present ten copies of the study report and schematic
designs to the City.
2. COMPLETION OF SCOPE OF SERVICES.
Amhitect shall complete the work required in the Scope of Services within ninety
(90) days after execution of this Agreement.
3. FEES FOR SERVICES.
a. The Architect shall be paid a lump sum fee of thirty-three thousand dollars
($33,000) which shall be paid as follows:
At completion of interviews:
$ 8,000
At presentation of final draft: $20,000
At presentation of final documents: $ 5,000
b. The Architect shall be reimbursed for reasonable and necessary expenses up
to three thousand dollars, incurred in the interest of the project. All requests for
reimbursement of expenses shall be submitted with source documentation for
evaluation and approval for payment by the City.
c, The Architect shall be reimbursed for expenses associated with models and
mock-ups requested by the City.
d, Payments shall be processed for payment pursuant to Sec, 218,70 Fla. Stat.
et seq. upon receipt of the Architect's invoice.
e, Services not covered by this Agreement due to changes in the Scope of
Services requested by the City, shall be compensated at a rate agreed to by both
parties prior to the commencement of any additional work.
4. GENERAL TERMS AND CONDITIONS.
All original sketches, tracings, drawings, computations, details, design
calculations, work papers and other documents and plans that result from the Amhitect
providing specified services shall be the property of the City. Upon termination of this
Agreement, or upon request of the City during the term of this Agreement, any and all
such documents shall be delivered to the City by the Amhitect.
5. INSURANCE.
The Architect shall at all times carry professional liability insurance, workers'
compensation insurance, comprehensive general insurance, and automotive liability
insurance with minimum policy limits for each coverage in the amount of one million
dollars ($1,000,000) per occurrence, single limit, for property damage and bodily injury,
including death, except that the dollar amount of workers compensation coverage shall
be as provided by Chapter 440, Fla. Stat. The City shall be named as an additional
insured on all of the above insurance policies. Each insurance policy shall state that it
is not cancelable or subject to reduction without written notice to the City 30 days prior
to the effective date of cancellation.
6. ASSIGNMENT.
This Agreement shall not be assignable by the Architect.
7. PROHIBITION AGAINST CONTINGENT FEES,
The Architect warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for the Architect, to solicit or
secure this Agreement, and that it has not paid or agreed to pay any person(s),
company, corporation, individual or firm, other than a bona fide employee working
solely for the Architect any fee, commission, percentage, gift, or any other
consideration, contingent upon or resulting from the award or making of this
Agreement.
8. TERMINATION.
This Agreement may be terminated by the City upon ten days written notice with
or without cause and by the Architect upon 30 days written notice with or without cause.
If this Agreement is terminated, the Architect shall be paid for ail acceptable work
performed up to the date of termination.
9. NONEXCLUSlVE AGREEMENT.
The services to be provided by the Architect pursuant to this Agreement shall be
nonexclusive and nothing herein shall preclude the City from engaging other firms to
perform the same or similar services for the benefit of the City within the City's sole and
absolute discretion.
10. ENTIRE AGREEMENT.
The parties hereby agree that this is the entire Agreement between the parties.
This Agreement cannot be amended or modified without the express written consent of
the parties.
11. WARRANTIES OF ARCHITECT.
The Architect hereby warrants and represents that at all times during the term of
this Agreement it shall maintain in good standing all required licenses, certifications and
permits required under federal, state and local laws necessary to perform the Specified
Services.
12. ATTORNEYS' FEES.
In connection with any litigation arising out of this Agreement, the City shall be
entitled to recover reasonable attorneys' fees and costs. Architect recognizes that other
covenants of this Agreement serve as consideration for this provision.
13. NOTICES.
All notices and communications to the City or Architect shall be in writing and
shall be deemed to have been properly given if transmitted by registered or certified
mail or hand delivery. All notices and communications shall be effective upon receipt.
Notices shall be addressed as follows:
CITY: Eric M. Soroka
City Manager
City of Aventura
2999 N.E. 191st Street, Suite 500
Aventura, Florida 33180
ARCHITECT: Arquitectonica International Corporation
550 Brickell Avenue, Suite 300
Miami, Florida 33131
Attn.: Peter Brand
15. GOVERNING LAW.
This Agreement shall be construed in accordance with the laws of the State of
Florida. Venue for any litigation hereunder shall be in Dade County, Florida.
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed
this Agreement upon the terms and conditions above stated on the day and year first
above written.
ARCHITECT: CITY:
Arquitectonica International
550 Brickell Avenue, Suite 200
Miami, Florida 33131
City of Aventura
2999 NE 191st Street, #500
Aventura, Florida 33180
By: By:
Peter Brand, Project Manager
Eric M. Soroka, City Manager
Attest:
Attest:
Teresa M. Smith, CMC
City Clerk
Approved:
City Attomey
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council C~
Eric M. Soroka, er
March 28, 1997
Resolution Exempting the
Program
City from
County Stormwater Utility
April 1, 1997City Council Agenda Item
Recommendation
It is recommended that the City Council adopt the attached Resolution which notifies
Dade County of the City's intent to exercise the option to exempt itself from the Dade
County Stormwater Utility Program. This is the next step as part of the process for the
City to establish its own Stormwater Utility Program.
Back.qround
One of the priorities included in the 1996/97 Budget was to review the possibility of
establishing a Stormwater Utility Fund to address drainage problems throughout the
City.
Section 403.0893, Florida Statutes, authorizes the establishment of stormwater utilities
for construction, operation and maintenance of stormwater management systems to
collect, convey, store, absorb, inhibit, treat, use or reuse water, prevent or reduce
flooding, environmental degradation and water pollution.
On October 17, 1995, the Board of County Commissioners of Metropolitan Dade
County adopted Ordinance 95-195, amending Section 24-61.2 of the Code of
Metropolitan Dade County, Florida, allowing for exemption from the provisions of the
Metropolitan Dade County Stormwater Utility Ordinance for municipalities. In addition,
the Interlocal Agreement allows the City to adopt its own program.
The City's Consulting Engineers are in the process of finalizing the Stormwater
Management Utility Implementation Report which will be utilized as a basis for the
establishment of the City's own Stormwater Utility Program.
City Council
Page 2
03/28/97
The following represents the steps necessary to complete in order to establish a
Stormwater Utility Program:
2.
3.
4.
5.
Prepare Stormwater Management Utility Implementation Report.
City Resolution requesting exemption from County-wide Stormwater Utility.
County Resolution to accept City Resolution.
WASD Billing Agreement.
Adoption of Stormwater Utility Ordinance and 5-year Capital Improvement
Program project.
Adoption of Resolution to identify equivalent residential unit value and rate.
The target date for completion is July 1997.
If you have any questions, please feel free to contact me.
EMS/tms
CC0272-97
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA NOTIFYING THE BOARD OF
COUNTY COMMISSIONERS OF METROPOLITAN DADE
COUNTY AND THE DIRECTOR OF THE METROPOLITAN
DADE COUNTY DEPARTMENT OF ENVIRONMENTAL
RSOUCES MANAGEMENT THAT IT WISHES TO
EXERCISE ITS OPTION TO EXEMPT THE CITY OF
AVENTURA FROM THE PROVISIONS OF ORDINANCE
91-66; AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF
THIS RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on June 18, 1991, the Board of County Commissioners of
Metropolitan Dade County adopted Ordinance 91-66 establishing a countywide
stormwater utility; and
WHEREAS, on October 17, 1995, the Board of County Commissioners of
Metropolitan Dade County adopted Ordinance 95-195 amending Section 24-61.2 of the
Code of Metropolitan Dade County relating to applicability of Metropolitan Dade County
Stormwater Utility and providing for exemption from applicability for certain
municipalities; and
WHEREAS, Section 2.1.5.2 of the Interlocal Agreement between Metropolitan
Dade County and the City of Aventura provides that the City of Aventura may opt out of
the Dade County Stormwater Utility Program; and
WHEREAS, the City of Aventura wishes to exercise its option to be exempted
from the provisions of Ordinance 91-66.
Resolution No.
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section'l. The City of Aventura hereby notifies the Board of County
Commissioners of Metropolitan Dade County and the Director of the Metropolitan Dade
County Department of Environmental Resources Management that it wishes to exercise
its option to exempt the City of Aventura, Florida from the provisions of Ordinance 91-
66.
Section 2. The City of Aventura hereby commits to implement applicable
provisions of Section 403.0893 (1)(2) or (3) of the Florida Statutes, as amended from
time to time, on or before October 1, 1997. The City of Aventura reserves the right,
pursuant to Section 24-61.2 of Ordinance 91-66 to void this exemption by request to
the Board of County Commissioners of Metropolitan Dade County.
Section 3. The City Manager is authorized to do all things necessary to carry
out the aims of this Resolution.
Section4. 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 Jay Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Resolution No.
Page 3
Councilmember Jeffrey Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 1st day of April, 1997.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
Ch. 403
ENVIRONMENTAL CONTROL
F.S. 1995 F.S. 1995
tial thermal loading to surface waters of the state by 10
percent or more compared to the potential thermal load-
ing from that source as of August 1972.
History.--$ 6, ch. 95-215
403.0891 State, regional, and local stormwater
management plans and programs.--The department,
the water management districts, and local governments
shall have the responsibility for the development of
mutually compatible stormwater management pro-
grams.
(1) The department shall include goals in the state
water policy for the proper management of stormwater.
(2) Each water management district to which the
state's stormwater management program is delegated
shall establish district and, where appropriate, water-
shed or drainage basin stormwater management goals
which are consistent with the goals adopted by the state
and with plans adopted pursuant to ss. 373.451-
373.4595, the Surface Water improvement and Manage:
ment Act.
(3)(a) Each local government required by chapter
163 to submit a comprehensive plan, whose plan is sub-
mitted after July 1, 1992, and the others when updated
after July 1, 1992, in the development of its stormwater
management program described by elements within its
comprehensive plan shall consider state water policy,
district stormwater management goals, plans approved
pursuant to the Surface Water Improvement and Man*
agement Act, ss. 373.451-373.4595, and. technical
assistance information provided by the water manage-
ment districts pursuant to s. 373.0391.
(b) Local governments are encouraged to consult
with the water management districts, the Department of
Transportation, and the department before adopting or
updating their local government comprehensive plan or
public facilities report as required by s. 189.415, which-
ever is applicable.
(4) The department, in coordination and cooperation
with water management districts and local govern-
ments, shall conduct a continuing review of the costs of
stormwater management systems and the effect on
water quality and quantity, and fish and wildlife values.
The department, the water management districts, and
local governments shall use the review for planning pur-
poses and to establish priorities for watersheds and
stormwater management systems which require better
management and treatment of stormwater with empha-
sis on the costs and benefits o1 needed improvements
to stormwater management systems to better meet
needs for flood protection and protection of water qual-
ity, and fish and wildlife values.
(5) The results of the review shall be maintained by
the department and the water management districts
and shall be provided to appropriate local governments
or other parties on request. The results also shall be
used in the development of the goals developed pursu-
ant to subsections (1) and (2).
(6) The department and the Department of Commu
nity Affairs, in cooperation with local governments in the
coastal zone, shall develop a model stormwater man-
agement program that could be adopted by local gev
ernments. The model program shall contain dedicated
funding options, including a stormwater utility fee sys-
tem based upon an equitable unit cost approach. Fund-
ing options shall be designed to generate capital to
retrofit existing stormwater management systems, build
new treatment systems, operate facilities, and maintain
and service debt.
History. s. 15, ch. 86-186; s. 32, ch. 89-279; s, 73, ch. 9.~206; s* 367, ch.
403.0893 Stormwater funding; dedicated funds for
stormwater management.--In addition to any other
funding mechanism legally available to local govern-
ment to construct, operate, or maintain stormwater sys*
tams, a county or municipality may:
(1) Create one or more stormwater utilities and
adopt stormwater utility fees sufficient to plan, con-
struct; operate, and maintain stormwater management
systems set out in the local program required pursuant
to s. 403.0891(3);
(2) Establish and set aside, as a continuing source
of revenue, other fu.nds sufficient to plan, construct,
operate, and maintain stormwater management sys-
tems set out in the local program required pursuant to
s. 403.0891(3) or
(3) Create, alone or in cooperation with counties,
municipalities, and special districts pursuant to the
Intedocal Cooperation Act, s. 163.01, one or more
stormwate;' management system benefit areas. All prop-
erty owners within said area may be assessed a per
acreage fee to fund the planning, construction, opera-
tion, maintenance, and administration of a public
stormwater management system for the benefited area.
Any benefit area containing different land uses which
receive substantially different levels of stormwater bene-
fits shall include stormwater management system bene-
fit subareas which shall be assessed different per acre-
age fees from subarea to subarea based upon a reason-
able relationship to benefits received. The fees shall be
calculated to generate sufficient funds to plan, con-
struct, operate, and maintain stormwater management
systems called for in the local program required pursu-
ant to s. 403.0891(3). For fees assessed pursuant to this
section, counties or municipalities may use the non-ad
valorem levy, collection, and enforcement method as
provided for in chapter 197.
403.0896 Training and assistance for stormwater
management system personneL--The Stormwater
Management Assistance Consortium of the State Uni-
varsity System, working in cooperation with the commu-
nity colleges in the state, interested accredited private
colleges and universities, the department, the water
management districts, and local governments, shall
develop training and assistance programs for persons
responsible for designing, building, inspecting, or oper-
ating and maintaining stormwater management sys-
403.091 Inspections,--
(1)(a) Any duly authorized representative of the
department may at any reasonable time enter and
inspect, for the purpose of ascertaining the state of corn-
24
pliance with the [av
department, any prol
building which is
dence, on or at whic
1. A hazardous
facility or other air o
2. A discharge
charger which intro,
owned treatment w,
3. Any facility,
4. A resource
is located or is beir
records which are
376.30-376.319, or
(b) Any duly at
sortable times hay
required under th
inspect any monit,
for any pollutants
wastes which the
be discharging or'
underlying the o'
obtain any other
compliance with
merits of this ch~
merit rules.
(c) No parse
access to any au
merit who reques
who presents apl
son obstruct, ha~
tion. The owner o
a report, if reque~
relate to complis
(2) An inspec
conducted only
(a) Consent
owner, operator
(b) The appt
in this section i-~
(3)(a) An in!
chapter may b~
or circuit court
place or thing t
(b) Upon pr
warrant may be
ter or ss. 376.3
1. When
inspected ma~,
of the violatior
or ss. 376.30-;
thereunder; or
2. When t
a larger schen
efforts of the
provisions of
rules adoptec
(c) The ju
the applicati¢
scribed by a
may receive
ENVIRONMENTAL PROTECTION § 24-61.3
ARTICLE IV. STORMWATER UTILITY*
Sec. 24-61. Short title.
This article shall be known as the Metropolitan
Dade County Stormwater Utility Ordinance.
(Ord. No. 91-66, § 3, 6-20-91)
Sec. 24-61.1. Legislative intent; construc-
tion.
(A) The purpose of this article is to implement
the provisions of Section 403.0893(1), Florida
Statutes, by creating a Countywide stormwater
utility and adopting stormwater utility fees suffi-
cient to plan, construct, operate and maintain
stormwater management systems set forth in the
local program required pursuant to Section
403.0891(3), Florida Statutes.
(B) This article shall be liberally construed to
protect the public health, safety, and welfare and
to effectuate the purposes set forth herein.
(Ord. No. 91-66, § 3, 6-20-91)
Sec. 24-61~. Applicability.
(A) The provisions of this article shall be effec-
tive in both th~ unincorporated and incorporated
areas of Dade County.
(B) Notwithstanding the provisions of(A) above,
the provisions of this article shall not apply within
any municipality which files with both the Clerk
of the Board of County Commissioners and the
Director of the Metropolitan Dade County Depart-
ment of Environmental Resources Management
certified copies of a resolution of the governing
body of such mun/cipality which notifies the Board
of County Commissioners and the Director of the
Metropolitan Dade County Department of Envi-
ronmental Resources Management that the mu-
nicipality exercises thereby its option to exempt
that the municipality exercises thereby its option
to exempt the municipality from the provisions of
this article, provided, however, (1) such certified
copies are filed as set forth above no later than
ninety (90) days from the date of enactment of
this article and (2) the municipality commits in
said resolution to implement within said munici-
pality the provisions &Section 403.0893(1), (2), or
*Cross reference--Water and sewer regulations, Ch. 32.
(3), Florida Statutes, as amended from time to
time, no later than two (2) years from the effective
date of this article. Failure to file such certified
copies or to implement Section 403.0893(1), (2) or
(3), Florida Statutes, as amended from time to
time, within the aforesaid respective time periods
shall render the municipality's exemption from
the provisions of this article null and void. Not-
withstanding the foregoing, any municipality-~t
any time after the el~cUve aate of this article,
-may request, by resolution, that tl~e Board of
County Commissioners render the municipality's
exemption from the provisions of this article null
hnd void or grant the municipality an exemption
from the provisions of this article subject to con-
ditions determined by the Board of County Com-
missioners. Upon receipt of such a resolution of a
municipality the Board of County Commissioners
may, by resolution, render the municipality's ex-
emption from the provisions of this article null
and void or grant the municipality an exemption
from the provisions of this article subject to con-
ditions determined by the Board of County Com-
missioners.
(Ord. No. 91-66, § 3, 6-20-91; Ord. No. 95-195, § 1,
10-17-95)
Sec. 24-61.3. Creation of Metropolitan Dade
County Stormwater Utility; gov-
erning body; organization.
(A) There is hereby created and established by
the authority of Section 403.0893(1), Florida Stat-
utes, and the Home Rule Charter of Dade County,
Florida, a Countywide stormwater utility imple-
meriting the provisions of Section 403.0893(1),
Florida Statutes, which shall be named and known
as the "Metropolitan Dade County Stormwater
Utility" (hereinafter also referred to as the "Util-
ity''). The Utility shall be a public body corporate
and politic which, through its governing body, the
Board of County Commissioners of Dade County,
Florida, may exercise all those powers specifically
granted herein, those powers granted by law and
those powers necessary in the exercise of those
powers herein enumerated.
(B) The governing body of the Utility shall be
the Board of County Commissioners of Dade
County, Florida.
Supp. No. 19 3375
CITY OF AVENTURA
TO:
FROM:
DATE:
SUBJECT:
OFFICE OF THE CITY MANAGER
MEMORANDUM
March 25, 1997 ~
Waiver of Moratorium Request - AK Media, Inc. & Ralph Mutchnik
April 1, 1997 City Council Meeting Agenda Item
RECOMMENDATION
In accordance with the City Council's priorities to reduce the number of billboards in the
City, it is recommended that the requested waiver be granted. The applicant will be
required to remove the billboard located south of N.E. 206th and west of Biscayne
Boulevard prior to September 30, 1999, or when the N.E. 203rd Street flyover is
complete, whichever occurs first. The result of this action will be to eliminate another
billboard in the City.
BACKGROUND
Pursuant to Section 2 of the City's Class "C" Sign Moratorium Ordinance, the City
Council, after a public hearing, may grant a waiver to the moratorium when the Council
determines that the specific activity will not detrimentally affect the outcome and
implementation of the comprehensive study process being undertaken by the City for
the development of Class "C" sign regulations. Attached please find a letter dated
Mamh 14, 1997 outlining the request for the waiver by the attorney representing the
applicant.
The request relates to relocating an existing billboard sign. This is not a new sign
request. In order to continue to make progress on removing billboard signs without
incurring costs to the City, it is recommended that the waiver be granted in accordance
with the time frame outlined in the request.
If you have any questions, please feel free to contact me.
Attachment
EMS/aca
CC0266-97
MARK S. ULMER
ATTORNEY AT I-AW
March 14, 1997
Mr. Eric M. Soroka
City Manager
City of Aventura Governmental Center
2999 N.E. 191 Street, Suite 500
Aventura, Florida 33180
Re: Waiver of moratorium and issuance of Development Order for Class "C' Sign
Dear Mr. Soroka:
Pursuant to Section 2 of City of Aventura Ord. No. 96-12, as extended by separate
Ordinance, my clients, AK Media, Inc., and Ralph Mutchnik, Trustee, apply for a waiver of
the moratorium imposed by Ord. No. 96-12 and for the issuance of an after-the-fact
Development Order for a Class "C" Sign, the same being the billboard structure which is
the subject of City of Aventura Civil Violation Notice No. 97-01. The Waiver and
Development Order requested is for a temporary duration for the reasons expressed below
and based upon facts established in the record of the administrative proceeding referred
to above.
The sign at issue was originally lawfully constructed more than 20 years ago on the
west side of Biscayne Blvd., approximately 250 feet south of N.E. 206th Street, as a back-
to-back "V' billboard of steel construction.
In the early fall of last year, 1996, the Florida Department of Transportation
contacted Mr. Mutchnik, the landowner, to negotiate a purchase of a portion of the property
in lieu of condemnation for the construction of a new bridge/interchange at N.E. 203rd
Street and Biscayne Blvd. FDOT representatives told Mr. Mutchnik that the sign, which was
and is owned by AK Media, would have to be moved off of the property being acquired and
placed elsewhere on site. FDOT representatives also represented to Mr. Mutchnik that the
permit for the sign was valid elsewhere on the site, since the FDOT permit was issued for
"U.S. 1 WIS [west side] @ N.E. 206th St." Pursuant to FDOT's request which Mr. Mutchnik
in turn relayed, AK Media moved the sign approximately 75 feet to the north.
The sign, where it is presently located, is the same sign that previously existed, with
the exception that some of the supports were modified in order to close the "V" to make
the sign a back-to-back sign on one set of supports. Neither AK Media nor Mr. Mutchnik
Mr. Soroka
March 14, 1997
Page 2
(nor anyone else) received any compensation from FDOT for the sign or for its relocation.
Shortly after the sign was moved, the City's Code Enforcement Officer issued a
notice of violation for moving the sign during the pendency of the City's recently enacted
sign moratorium, Ord. No. 96-12, without a permit. A Special Master's hearing took place
on this notice of violation, resulting in the filing of a lawsuit by AK Media and Mr. Mutchnik
to validate the legality of the sign and for other relief; that lawsuit is pending in the State
of Florida Circuit Court.
Pursuant to Section 2 of Ord. No. 96-12, the "City Council, after a public hearing,
may grant a waiver to the moratorium.., and authorize the issuance of Development
Orders for Class "C" Signs, where the City Council determines that the specific activity will
not detrimentally affect the outcome and implementation of the comprehensive study
process being undertaken by the City of the development of appropriate and effective
Class "C" Sign regulations."
This Waiver and Development Order issuance request of AK Media and Mr.
Mutchnik is to authorize the sign to remain at the location where it presently exists until the
completion of the new bridge/interchange being constructed by FDOT at NE. 203rd Street
and Biscayne Blvd.; the bridge/interchange is projected by FDOT to be completed by
December, 1998. In no event, however, will the sign remain on the property beyond
September 30, 1999, even if FDOT has not completed the bridge/interchange by that time.
Because the Waiver and Development Order is sought solely to maintain the status
quo for a temporary time, the Council's approval of this request and the issuance of the
limited Development Order cannot and will not "detrimentally affect the outcome and
implementation of the comprehensive study process being undertaken by the City .... "
Additionally, if the Council approves this request for Waiver and issues the limited
Development Order, the pending lawsuit will be dismissed, with prejudice, and no other
lawsuits will be brought against the City or its officials or employees relating to the sign.
Please place this matter on the next available City Council agenda.
Sincerely,
Mark S. Ulmer
MSU://
cc: L. Grossman
R. Mutchnik
MARK S. ULMER, ESQ.
BISCAYNE CENTER, SUITE 612 · 11900 BISCAYNE BOULEVARD, ~llAMt~ FLORIDA 331BI · TEL.: (305) 8gl-gBgB · FAX: (305) 8gl '6770
CITY OF AVENTURA
OFFICE OFTHECITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council'---[ ~
Eric M. Soroka, C,~
March 27, 1997 ~
Ordinance Adopting Por'fl'on of Sign Code Relating to Commercial
Advertising Signs, Class "C" Signs (Billboards)
Ist Reading April 1, 1997 City Council Meeting Agenda Item
2nd Reading April 15, 1997 City Council Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Council adopt the attached Ordinance which prohibits
the installation of commercial advertising signs, Class "C" (billboards) as defined in the
Dade County Code. As requested by the City Council, this Ordinance will be
implemented as a separate phase of the City's Sign Code. When the City's Sign Code
is finalized, this Ordinance will be incorporated as part of the document.
BACKGROUND
Reference is made to the attached letter dated March 20, 1997 from the City Attorney's
office which outlines the main features of the proposed Ordinance.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0268-97
ROY J, BARQUET
STEPHEN SBODDEN
NINA L. BON~SKE
DANIEL h COULTOFF
L.~OBERT ELIAS
EDWARD G. GUEDeS
STEPHEN J. heLFMAN
JILL A. JA~KESY*
SUSAN LEVINE
GILBERTO PAStORIZA
ELLEN N. SAUL*
GAll D, SEROTA*
JOSEPH H. SEROTA
RICHARD JAY WEISS
DAVID m. WOLPIN
StEVEN W, ZELKOWtTZ
Mr. Eric M. Soroka
City Manager
City of Aventura
2999 N.E. 191 Street, Suite 500
Aventura, Florida 33180
WEISS SEROTA ~ HELFMAN, P.A.
ATTORNEYS AT LAW
2665 SOUTH BAYSHORE DRIVE
SUITE 420
MIAMI~ FLORIDA 33133
TELEPHONE (305) 554-0800
TELECOPIER (305) 554-2323
B ROWARD OFFICe
888 EAST LAS OLAS BOULEVARD
SUITE 7]0
FORT LAUDERDAIE~ FLORIDA 3330~
telEPhOne (964) 763-I 189
PALM BEACH OFFICE
1872 SOUTHWESt 17TM STREET
BOCA RATON~ FLORIDA 33486
TELEPHONe (551) 395-8762
March 20, 1997 "of counsel
Re: Ordinance Regulating Commercial Advertising Signs
Dear Mr. Soroka:
Pursuant to direction of the City Council as provided at the
March 13, 1997 City Council Workshop Meeting, we have prepared the
enclosed proposed Commercial Advertising Sign Ordinance for City
Council consideration at first reading on Tuesday, April 1, 1997.
The City Council had directed that we prepare this proposed
Ordinance as a separate phase of the City's sign regulations,
pending final consideration of the overall City sign code.
The main features of the Commercial Advertising Sign Ordinance
are as follows:
1. Commercial Advertising Signs constitute a prohibited use
within the City;
2. Commercial Advertising Signs are defined in the Ordinance
as off-site Commercial Advertising Signs in a manner similar to the
definition of Class "C" signs previously provided by Section 33-
84(h) of the Dade County Code;
3. The Ordinance provides criteria for the establishment of
a lawful nonconforming Commercial Advertising Sign;
4. The Ordinance provides for the amortization, expiration of
lawful nonconforming status and removal of lawful nonconforming
Commercial Advertising Signs within a period of three (3) years
from adoption of the Ordinance;
5. The Ordinance replaces the Class "C" Commercial
Advertising Sign restrictions previously provided by Section 33-107
Mr. Eric Soroka
March 20, 1997
-Page 2-
of the Dade County Code;
6. The Ordinance exempts lawfully existing Commercial
Advertising Signs from amortization and removal to the extent
required by Section 479.15(2) Fla. Stat. This concerns signs
licensed by the State D.O.T. along Biscayne Boulevard.
Please advise if anything further is required at this time.
DMW/mj c
328001
CC:
Mayor, City Council Members
Teresa M. Smith, CMC, City Clerk
Richard Jay Weiss, Esquire
Very truly yours,
David M. Wolpin
WEISS SEI~OTA ~ I-IELFMAI~, P.A.
F.$. 1995
OUTDOOR ADVERTISING
Ch. 47.
479.111 Specified signs allowed witflin controlled
po~ans of the interstate and federal-aid primary high-
way system.--Only the following signs shall be allowed
within controlled portions of the interstate highway sys-
tem and the federal-aid primary highway system as set
forth in s. 479.11(1) and (2):
(1) Directional or other official signs and notices
which conform to 23 C.F.R. ss. 750.151-750.155.
~2.) Signs in commercial-zoned and industrial-
zoned areas or commercial-unzoned and industrial-
unzoned areas and within 660 feet of the nearest edge
of the right-of-way, subject to the requirements set
forth in the agreement between the state and the United
States Department of Transportation.
(3) Signs for which permits are not required under
s. 479.16.
History --s. 6. ch. ;'1-971; $. 3. ch. ?6-202; s. 3, ch. 76-168; s. 1, ch. 77-457; s.
3. ch. 76-8; ss. 2. 3. ch. 81-318; SS. 13. 25, 26. ch. 84-227; s. 75. ch. 85-81: s. 4,
Ch. 91-429.
479.12 Outdoor advertising on highwaya.--Any
person who willfully or maliciously displaces, removes,
destroys or injures a mileboard, milestone, danger sign,
signal, guide sign, guidepost, highway sign, or historical
marker or any inscription thereon, lawfully within or adja-
cent to a highway, or who in any manner paints, prints,
~ . places, puts or affixes any advertisement upon or'to any
rock, stone, tree, fence, stump, pole, mileboard, mile-
stone, danger sign, guide .sign, guidepost, highway
sign, historical marker, buildings, barns or other object
lawfully within the limits of any highway, shall be guilty
of a misdemeanor of the second degree, punishable as
provided in s. 775.082 or s. 775.083.
Hi~ltorf.--s. 10. ch. 2G446, 1941; s. 429, ch. 71-135; s. 3, ch. 76-168; s. 1, ct1.
;'7-457; ss. 2. 3, ch. 81-318; ss. 25.26, ch. 84-227; s. 4, ch. 91-429.
479.14 Disposition of fees.--AII moneys received
by the department under the provisions of this. chapter
shall be paid by it into the State Treasury and placed in
the State Transportation Trust Fund for use in the
administration of this chapter. Any projected balance
not allocated to cover the cost of the administration of
this chapter shall be matched on a 50-percent basis by
other funds in the State Transportation Trust Fund for
the purpose of removing signs as provided for in s.
479.24.
,~ 479.15 Harmony of regulations.--
(1) No zoning board or commission or other public
officer or agency shaft issue a permit to erect any sign
which is prohibited under the provisions of this chapter
or the rules of the department, nor shall the department
issue a permit for any sign which is prohibited by any
other public board, officer, or agency in the lawful exer-
cise of its powers.
(2) ~lity, county, local zoning authority, or
other local governmental entity m_..~.~_ not remove, ~
.., ~;ause ko I~.e (emoved any a..wfully erected ~i_nn nl~r~0
an~tion of the nterstate or federal-aid primary high-,
way system without first Da in 'ust ·
"~u ~ '.~ - y Gj compensat!on ,~,o[
cn removal. A local governmenta entity may not
cause ~n any way the alteration of any lawfully erected
sign located atong any portion of the interstate or feder-
al-aid primary highway system without payment of just
compensation if such alteration constitutes a taking
under state law. The municipality, county, local zoning
authority, or other local government entity promulgating
requirements for such alteration must be responsible for
payment of just compensation to the sign owner if such
alteration constitutes a taking under state law. This sub-
section applies only to a lawfully erected sign the sub-
ject matter of which relates to premises other than the
premises on which it is located or to merchandise, ser-
vices, activities, or entertainment not sold, produced,
manufactured, or furnished on the premises on which
the sign is located. This subsection shall not be inter-
preted as explicit or implicit legislative recognition that
alterations do or do not constitute a taking under state
law.
Histo~.--s. 13. ch. 20446, 1941; s. 5. ch. 6;'-461: ss. 23. 35. ch. 69-10~:
74-273: s 3. ch. 76-168; s. 1, ch. ?7-457; ss. 2, 3, ch. 81-318; ss. 15. 25, 26, ch.
84-227; s. 4. ch. 91-429; s. 41, ch. 94-237,
479.155 Local outdoor advertising or sign ordi-
nancec.--The provisions of this chapter shall not be
deemed to supersede the rights and powers of counties
anci municipalities to enact outdoor advertising or sign
ordinances.
Hlstory.--s. 4, ch. 78-138; s. 2, ch. 81-318; ss. 16. 25.26, ch. 84-227; s. 4. ch.
91-429.
479.16 Signs for which permits ara not required._
The following signs are exempt from the requirement
that a permit for a sign be obtained under the provisions
of this chapter but are required to comply with the provi-
sions of s. 479.11(4)-(8):
(1) Signs erected on the premises of an establish-.
merit, which signs consist primarily of the name of the
establishment or which identify the principal or acces-
sory merchandise, services, activities;or entertainment
sold, produced, manufactured, or furnished on the
premises of the establishment and which comply with
the lighting restrictions under department rule adopted
pursuant to s. 479.11(5). If a sign located on the prem-
ises of an establishment consists principally of brand
name or trade name advertising and the merchandise or
service is only incidental to the principal activity, or if the
owner of the establishment receives rental income from
the sign, then the sign is not exempt under this subsec-
tion.
(2) Signs erected, used1 or maintained on a farm by
the owner or lessee of such farm and relating solely to
farm produce, merchandise, service, or entertainment
sold, produced, manufactured, or furnished on such
farm.
(3) Signs posted or displayed on real property by the
owner or by the authority of the owner, stating that the
real property is for sale or rent. However, if the sign con-
tains any message not pertaining to the sale or rental of
that real property, then it is not exempt under this sec-
tion.
(4) Official notices or advertisements posted or dis-
played on private property by or under the direction of
ORDINANCE NO. 97-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ADOPTING A PORTION OF THE SIGN CODE OF THE CITY
OF AVENTURA, FLORIDA PROVIDING FOR THE
REGULATION OF COMMERCIAL ADVERTISING SIGNS
(INCLUDING BILLBOARDS); PROVIDING FOR
DEFINITIONS; PROVIDING FOR PROHIBITION OF
COMMERCIAL ADVERTISING SIGNS AS DEFINED HEREIN
(INCLUDING BILLBOARDS); PROVIDING FOR
AMORTIZATION AND REMOVAL OF NON-CONFORMING
COMMERCIAL ADVERTISING SIGNS; PROVIDING FOR
EXEMPTIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR PENALTIES; PROVIDING FOR
REPLACEMENT OF CERTAIN DADE COUNTY CLASS "C"
SIGN REGULATIONS; PROVIDING FOR TERMINATION OF
CLASS "C" SIGN MORATORIUM; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, pursuant to Ordinance No. 96-12, as amended by Ordinance No. 97-
08, the City Council enacted a moratorium on the issuance of development orders for Class
"C" Commercial Advertising Signs (including billboards) (the "Commercial Advertising
Signs") pending completion of a study for the formulation and implementation of new
regulations for such signage; and
WHEREAS, the City Council has completed such study activities and has
formulated and desires to implement the new sign regulations set forth herein; and
WHEREAS, pursuant to Section 8.03 of the City Charter of the City of Aventura (the
"City"), there is presently in effect within the City certain of the provisions of Article VI
"Signs" of Chapter 33 "Zoning" of the Code of Ordinances of Metropolitan Dade County
(the "County Code") providing for the regulation of signs within the City; and
WHEREAS, pursuant to Ordinance 96-11, the City Council adopted sign regulations
for temporary political signs as the first phase of the City's comprehensive sign regulations;
and
Ordinance No. 97-
Page 2
WHEREAS, the City Council desires to continue to implement, in a phased
approach, a new system of sign regulations which will ultimately replace the County Code
regulations referenced above within the City; and
WHEREAS, the City Council desires to implement, as the second phase of the City's
new sign regulations, provisions addressing certain Commercial Advertising Signs,
previously regulated as Class "C" signage under Sections 33-84(h) and 33-107 of the
County Code, as provided in this Ordinance; and
WHEREAS, the City Council finds that the adoption of this Ordinance is necessary
to protect and enhance the aesthetic interests of the City and to advance the interests of
the City in improved traffic safety; and
WHEREAS, the City Council finds that the proposed Ordinance will promote and
protect the health, safety and welfare in the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. There is hereby adopted the following Ordinance to provide for the
regulation of Commercial Advertising Signs within the City of Aventura, as follows:
Sec. 1.01. Commercial Advertising Si.qn Regulations. These regulations shall
govern the installation, maintenance and display of Commercial Advertising Signs
(including billboards) in the City of Aventura.
Sec. 1.02. Definitions. The following words, phrases and terms shall be
determined to have the meaning ascribed to them herein, unless the context clearly
Ordinance No. 97-
Page 3
indicates otherwise.
(a) Commercial Advertising Signs. Means Class "C" Signs as defined in Section
33-84(h) of the County Code, and includes any Sign, including a billboard, which is used for
any purpose other than: (a) that of advertising to the public the legal or exact firm name of
business conducted on the premises at which such sign is located; (b) that of advertising
any service or product or products actually and actively being offered for sale on the
premises at which such sign is located; (c) being designed or displayed solely to offer for
sale or rent the premises upon which such sign is located; (d) that of advertising
construction being done or proposed to be done upon the premises at which such sign is
located; (e) that of advertising special events approved to be held on the premises upon
which such sign is located.
(b) Sign. Means any surface, fabric, device, name, identification, image description,
message, display or illustration using graphics, symbols, words, letters, or numbers which is
affixed to, painted on, or represented directly or indirectly upon a building, structure, or
parcel of property, and which directs attention to an object, product, place, activity, facility,
service, event, attraction, person, issue, idea, institution, organization, development, project
or business for the purpose of advertising, identifying or conveying information to the
public.
(c) Person. Means any natural person, firm, association, joint venture, partnership,
estate, trust, business trust, syndicate, fiduciary, corporation, and all other groups or
combinations.
Ordinance No. 97-
Page 4
Sec. 1.03. Prohibition; Unlawful Acts.
(a) Except as provided in this Ordinance for lawfully non-conforming Commercial
Advertising Signs, Commercial Advertising Signs, as defined in Section 1.02(a) above, are
prohibited in the City.
(b) Except as specifically authorized herein, no person shall erect, install, construct
or maintain any Commercial Advertising Sign within the City.
Sec. 1.04. Non-conforming Commercial Advertisin~ Si~lns.
(a) Unlawful signs; status of signs.
(1) It shall be unlawful to install, construct or maintain a Commercial
Advertising Sign which does not comply with this ordinance.
(2) However, a Commercial Advertising Sign lawfully erected prior to
adoption of this Ordinance which does not conform with this ordinance shall be deemed to
be legally non-conforming and allowed to continue to exist (subject to the amortization
restrictions provided in Section 1.06 below) only if:
a. Immediately prior to the adoption of this ordinance, the Commercial
Advertising Sign conformed to the Class "C" Sign regulations previously provided by
Section 33-107 of the County Code. A Commercial Advertising Sign shall be deemed to so
conform if the only deficiencies in conformance to such Class "C" Sign regulations have
been authorized by a zoning variance which is presently in effect; or
b. Immediately prior to the adoption of this ordinance, said
Commercial Advertising Sign did not comply with the previously existing and applicable
Ordinance No. 97-
Page 5
Class "C" Sign regulations as described in subparagraph (2)a. above, if said Sign
constituted a recognized legally non-conforming Sign under the Dade County Class "C"
Sign regulations previously existing within the City prior to the adoption of this ordinance;
and
c. The Commercial Advertising Sign is otherwise in compliance with
provisions of applicable local, state and federal law; and
d. The Commercial Advertising Sign is registered under
subparagraph (4) below.
(3) ^ Commercial ^dvertising Sign which is not qualified for a legally non-
conforming status under paragraph (a)(2) above shall constitute an unlawful Sign as
provided by paragraph (1) above, and is subject to removal and enforcement action.
(4) A Commercial Advertising Sign which is otherwise legally non-conforming
shall not enjoy said status unless said Commercial Advertising Sign is registered with the
Community Development Department of the City, pursuant to the form attached hereto as
Exhibit "A", on or before the expiration of a period of ninety (90) days after adoption of this
ordinance.
Section 1.05. Legally
Maintenance, etc.
Non-conforming
Commercial Advertisin(~ Si¢Ins, Repair1
(a) A Commercial Advertising Sign which constitutes a legally non-
conforming sign under paragraph (a)(2)a. or b. of Section 1.04 and complies with
paragraph (a)(2)c. and d. of Section 1.04 above, shall be allowed to continue to exist
Ordinance No. 97-
Page 6
(subject to the amortization provisions provided by Section 1.06 below) in strict accordance
with the following restrictions and provisions on repair, maintenance and alteration:
(1) Maintenance of non-conforming signs. Legally non-conforming
Commercial Advertising Signs shall be maintained and repaired provided the sign structure
is not moved, altered or replaced; provided, however, that no repair or alteration shall be
made unless first approved by the City Manager, except when an emergency repair is
needed for preservation of public safety, as certified by the building official of City.
(2) The failure to comply with the restrictions and provisions of
paragraph (a)(1) above shall cause the forfeiture of legal non-conforming status otherwise
accorded. Provided that the City shall give reasonable notice to the Sign owner and
property owner of such failure to comply, and that such failure may be remedied within ten
(10) days of such notice. If such failure to comply cannot reasonably be remedied within
the period of days enumerated above, a time extension of ten (10) days shall be provided if
the Sign owner or property owner commences such remedial action within said initial time
period and diligently pursues and obtains completion thereof prior to the expiration of said
extension.
Section 1.06. Amortization and Removal of Commercial Advertising Signs.
(a) Commercial Advertising Signs which enjoy the status of being legally non-
conforming under paragraph (a)(2) of Section 1.04 above shall be subject to amortization,
expiration of said status and removal, as follows:
Ordinance No. 97-
Page 7
(1) A legally non-conforming Commercial Advertising Sign shall be subject to
amortization and expiration of its legally non-conforming status upon the expiration of a
period of three (3) years from the effective date of this ordinance.
(2) The City Council has determined that the three (3) year period described
above constitutes the reasonable amortization period for the termination of legal non-
conforming status of Commercial Advertising Signs. In making said determination, the City
Council has established a time for termination of lawful non-conforming status which is of
such length so that the full value of the Commercial Advertising Sign can be amortized
within a reasonable period of time from the adoption of this ordinance, taking into
consideration the general character of the neighborhood and the necessity for all non-
conforming Commercial Advertising Signs to conform to this ordinance.
(3) Except as otherwise provided, upon expiration of the time period for
amortization provided by paragraph (a)(1) above, the subject Commercial Advertising Sign
shall lose its legally non-conforming status and be subject to removal and any necessary
enforcement action.
(b) Other Termination of Non-conforming Commercial Advertising Signs.
(1) By abandonment - Abandonment of a legal non-conforming Commercial
Advertising Sign shall terminate its legal non-conforming status.
(2) By damage or poor condition - The legal non-conforming status of a
Commercial ^dvertising Sign shall cease whenever such Sign is damaged, from any cause
whatever, beyond 50 percent, as determined by the City Manager, or in the event the Sign
Ordinance No. 97-
Page 8
becomes a hazard or danger.
(3) Abandoned and damaged Commemial Advertising Signs, as
described in this Ordinance, shall be removed by Sign owners and property owners in
accordance with the requirements of this Ordinance.
Sec. 1.07. Exemption from Amortization and Removal.
(a) Any Commercial Advertising Sign which has been lawfully erected prior to the
effective date of this ordinance and is entitled to the protection from amortization and
removal in the absence of payment of just compensation pursuant to the provisions of
§479.15(2), Fla. Stat., shall be exempt from the amortization and removal provisions of this
ordinance.
(b) Any Commercial ^dvertising Sign which has received a waiver pursuant to
Section 2 of Ordinance No. 96-12 of City, shall be exempt from the provisions of this
Ordinance subject to compliance with the conditions of any such waiver.
Sec. 1.08. Violation/Prohibitions.
(a) Violations.
(1) Any Commercial Advertising Sign which is not in compliance with the
provisions of this ordinance shall constitute a violation. ,&ny such Commercial ,&dvertising
Sign which has been erected, or is being maintained in violation of the provisions of this
ordinance, shall be removed by the Commercial ,&dvertising Sign owner, or by the owner,
lessee, their agents or persons having the beneficial use of the property on which the
Commercial Advertising Sign is displayed, upon notice of said violation by the Community
Ordinance No. 97-
Page 9
Development Department of City or in accordance with the Code Enforcement procedures
of city.
(b) Removal of Unlawful Commercial Advertising Signs.
(1) The City Manager or his designee shall cause the removal of any
Commercial Advertising Sign which is in violation of this Ordinance, in accordance with the
procedures set forth in the City's Code Enforcement Ordinance, Ordinance No. 96-14, as
amended.
(2) Notwithstanding the above, the City Manager or his designee may cause
the immediate removal of any Commercial Advertising Sign that poses an immediate
danger to the health, safety or welfare of the community. The City Manager or his designee
may cause the Commercial Advertising Sign to be made safe as an alternative to removal.
In either event, City personnel and contractors of City may enter onto premises, with or
without the property owner's consent, for emergency repair or removal.
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. Penalty. Any person who violates any provisions of this Ordinance
shall, upon conviction, be punished by a fine not to exceed $500.00 or imprisonment in the
Ordinance No. 97-
Page 10
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, and Ordinance No. 96-14, as amended. Enforcement may also be by suit for
declaratory, injunctive or other appropriate relief in a court of competent jurisdiction.
Section 4. Replacement of Class "C" Commercial Advertising Sign Regulations.
Pursuant to City Charter Section 8.03, this Ordinance shall replace, within the City, the
provisions of Sec. 33-107, et seq. of the Metropolitan Dade County Code pertaining to
Class "C" Commercial Advertising Signs, to the fullest extent authorized by law. However,
the Class "C" Sign regulations which are replaced pursuant to this Ordinance shall continue
to apply as to any pending prosecutions for violation of such Class "C" Sign regulations.
Section 5. Moratorium Terminated. The Class "C" Sign moratorium provided by
City Ordinance 96-12, as amended, is hereby terminated upon the effective date of this
Ordinance, except that Ordinance No. 96-12 shall continue to apply to any waiver
application filed pursuant to Ordinance 96-12 concerning a Class "C" Sign constructed prior
to the effective date of this Ordinance, pending determination of such waiver application by
the City Council.
Section 6. Effective Date.
adoption on second reading.
The foregoing Ordinance was offered by
adoption on first reading. This motion was seconded by
upon being put to a vote, the vote was as follows:
This Ordinance shall be effective immediately upon
., who moved its
, and
Ordinance No. 97-
Page 11
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
The foregoing Ordinance was offered by
adoption on second reading. This motion was seconded by
and upon being put to a vote, the vote was as follows:
, who moved its
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 1st day of April, 1997.
PASSED AND ADOPTED on second reading this 15th day of April, 1997.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC, CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY A~-FORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council ~,~
Eric M. Soroka, Ci
Mamh 12, 1997
r
Ordinance Establishing a Fee Schedule for Lien Review Requests
Ist Reading March 18, 1997 City Council M .e.eting Agenda Item
2nd Reading April 1, 1997 City Council Meeting Agenda Item ~
RECOMMENDATION
It is recommended that the City Council adopt the attached Ordinance which
establishes fees for the review and prevision of information relative to outstanding or
pending City liens. The fees also cover costs associated with the preparation and
recording of liens.
BACKGROUND
The City Clerk's office receives numerous requests relative to pending lien information
regarding real estate transactions. In addition, the Clerk's office will be involved with
preparing liens as part of the code enfomement process. A fee schedule was
developed to offset the administrative costs associated with the lien inquiries. A
minimum service fee of $25.00 per request was established. The following additional
fees have also been established:
· Lien preparation and recording ............ $55.00
· Lien satisfaction preparation (City) ......... $45.00
· Lien satisfaction (other than City) .......... $20.00
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0252-97
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
ESTABLISHING FEES FOR THE PROVISION OF
INFORMATION CONCERNING OUTSTANDING OR
PENDING CITY LIENS; PROVIDING A FEE SCHEDULE
FOR THE PREPARATION AND RECORDATION OF LIENS
AND LIEN SATISFACTIONS; PROVIDING FOR
SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, City Administration has, from time to time, received requests for
information concerning outstanding or pending City liens; and
WHEREAS, this City Council wishes to provide a fee schedule for the preparation
and recording of liens and lien satisfactions filed as a result of unpaid and delinquent
charges imposed for services provided by the City, unpaid and delinquent code
enforcement penalties and such other unpaid and delinquent charges for which a lien
may be filed by the City and for the preparation of information as to the status of such
charges and liens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. A minimum service fee of $25 per request shall be charged to a
person or entity making a request for information conceming outstanding or pending
charges or liens. Requests which require more than one hour of clerical time shall be
assessed additional fees of $25 per hour.
Section 2. The following service fee schedule is hereby established for the
Ordinance No. 97-
Page 2
preparation and recordation of liens and lien satisfactions:
(1) Lien preparation and recording $55.00
(2) Lien satisfaction preparation (recording by City) $45.00
(3) Lien satisfaction (recording by party other than City) $20.00
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. Effective Date.
second reading.
The foregoing
was seconded by Councilmember
vote, the vote was as follows:
This Ordinance shall be effective upon adoption on
Ordinance was offered by Councilmember
, who moved its adoption on first reading. This motion
, and upon being put to a
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
Ordinance No. 97-
Page 3
The foregoing
was seconded by Councilmember
Ordinance was offered by Councilmember
, who moved its adoption on second reading. This motion
, and upon being put to a
vote, the vote was as follows:
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this
PASSED AND ADOPTED on second reading this __
day of March, 1997.
day of April, 1997.
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED ASTO LEGALSUFFICIENCY:
CITY ATTORNEY
/tms
PUBLISHED DALLY
MIAMI-DADE-FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned anthori~y personally
appeared:
ROSEMARY PINO
who on oath says that he/she is"
CUSTODIAN OF RECORDS
of The Miami Herald, a daily newspaper published at
Miami in Dade CounV/, Florida; that the attached
copy of advertisement was published in said
newspaper in the issues of:
M PC
TheMiami NeFald PublishingCompany
Affiant further says that the said The Miami Herald
is a newspaper published at Miami, in the said Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Dade
County, Florida each day and has been entered as
second class mail matter at the post office in Miami,
in said Dade County, Florida, for a period of one
year next preceding the first publication of the
attached copy of advertisement; and affiant further
says that he has neither paid nor promised any
person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing
this advertisement for publication in the said
newspapers(s).
DAY OF ,1997
My Commission
Expires: October 17, 1997
Virginia J. GaJ~on
*aOne Herald Plaza, MiamL Florida 33132-1693 (305) 353-2111
some be made to send to talent
said.
They ordered the mold from
Philadelphia and shipped out six
"She got a lot of response."
Book said.
Starvaggi said he kno~*s Oscar
s a rsdemark of the Academy of
Motion picture Arts and Sc.
cnces. But he said he assumes the
Philadelphia gompany from
which he bought the molds
cleared trademark requirements.
'qt's not something I just did
on my own," he said,
And they've been selling.
One Boca Raton party'orga-
dred lollipop-size Oscars and fi~e
full-size ones.
&nd where Miramax and 20th
Century-Fox had to.spend mil-
lions for a chance at their Oscars,
Confection Connec6on sells
them for $22.
"Bite off the head," St~r~aggi
s~gges~,ed. "Then break it 'into
Woman found dead
in hotel hot tub
.& '~oman v. as found dead in a
hot tub shortly before midnight
Fr day at the Mayfair House
Hotel in Coconut Grove. Miami
police said.
The woman, 31. whose name
· ~as not released pending notifi-
cation of relatives, 'sas discov-
ered slumped in thc hot tub by a
friend, police said.
Her death appeared to be an
accident, said detectives.
declined to give further d6tails.
The Dado Medical Examiner's
Office, however, conducted an
autopsy Saturday and left her
death unclassified, pending fur-
ther lab tests.
"The medical examiner could
not make any conclusion, at this
me" said Ivan Pedreguera, an
investigator in the Med ca
Examiner's Office. "It will
remain open until we find a
cause of death."
CITY OF AVENTURA
PUBLIC NOTICE
NOTICE. OF ADOPTION OF A PORTION OF THE SIGN
CODE REGULATING COMMERCIAL ADVERTISING
SIGNS INCLUDING BILLBOARDS
AN ORDINANCE OF THE CiTY OF AVENTURA, FLORID&
ADOPTING A PORTION OF THE SIGN CODE OF THE
CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE
REGULATION OF COMMERCIAL ADVERTISING SIGNS
iNCLUDING BILLBOARDS); PROVIDING FOR
DEFINITIONS; PROVIDING FOR PROHIBITION OF
COMMERCIAL ADVERTISING SIGNS AS DEFINED
HEREIN {INCLUDING BILLBOARDS); PROVIDING FOR
AMORTIZATION AND REMOVAL OF NON-
CONFORMING COMMERCIAL ADVERTISING SIGNS;
PROVIDING FOR EXEMPTIONS; PROVIDING FOR
SEVERABILITY; PROVIDING ~'. FOR PENALTIES;
PROVIDING FOR REPLACEMENT OF CERTAIN DADE
COUNTY CLASS "C" SIGN REGULATIONS; PROVIDING
FOR TERMINATION OF CLASS "C" SIGN MORATORIUM:
PRO~/IDING FOR AN EFFECTIVE DATE.
A Public Hearing' on the Ordinance will be held on Tuesday,
April 1. 1997, at 7 p.m. at the Columbia Aventura M'edlcal
Center, located at 21110 Biscayne Boulevard, Suite 101,
Aventura, Flodda. The proposed Ordinance may be inspected
by the public at the Office of the City Clerk, 2999 N.E. 191st
Street, Suite 500[ Aventura, Florida. Interested parties may
sppear at the Public Healing and be heard with respect to the
proposed Ordinance. Any person wishing to address tho City
Council on any item at this Public Hearing is asked to register
with the City Clerk pdor to that item being heard.
In accordance with the Americans with Disabilifi Act of
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 prier to such
If a person decides to appeaJ any deci~:~ made-by the c~ty
any matter considered at a meeting or
hearing, that person will need a record of the ~)roceedings and,
for such purpose, may need to ensure that a verbatim record of
the proceedings is made, which record includes thetestimony
and evidence upon whtch the appeal is to be based.
Dated th;s 21 st day of Ma~ch, 1997. Teresa M. Smitfl, CMC C~ty Clerk
iiDATE: TUESDAY, MARCH 25, 1997
TIME: 8:00 A.M: - 12:00 NOON
i P--'~-CCE: HOSPITALS' LOBBY
Jim Morln Is The Herald's top drawer. Don't
times a~week on the Editorial page.
I
'PU BLIC HEAR
DADE COUNTY PLANNING A
ACTING ASTHE LOCAL PL/
ON MAY 1996 APPLICATIOI
AMENDMENTS TO THE D
COMPREHENSIVE DE¥
MASTER
Infom~flc
-~lCos~St.O
REQUEST FOR PUBLIC COMMENTS ON THE PROPOSED
AMENDMENTS TO THE FY 1996 ACTION pLAN
PUBLISHED DALLY
MIAMI-DADE-FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
M PC
TheMiami Herald PublishingCompany
Before the undersigned authority personally
appeared:
ROSEMARY PINO
who on oath says that he/she is"
CUSTODIAN OF RECORDS
of The Miami Herald, a daily newspaper published at
Miami in Dade County, Florida; that the attached
copy of advertisement was published in said
newspaper in the issues of:
Affiant further says that the said The Miami Herald
is a newspaper published at Miami, in the said Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Dade
County, Florida each day and has been entered as
second class mail matter at the post office in Miami,
in said Dade County, Florida, for a period of one
year next preceding the first publication of the
alXached copy of advertisement; and affiant further
says that he has neither paid nor promised any
person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing
this advertisement for publication in the said
newspapers(s).
~ubscri6ed b/~"~e th~ ~
DAY OF ,1997
M yCamm,=n
Expires: October 17, 1997 ~(,I~ o~ ~IDA]
Herald Plaza, Miami, Florida 33132-I693 (3)5) 350-21 I
u!
il 8m
)sap
to send to talent
some be ~ethe count~,
They .o~:~ ~nd shipped o
phBadelpma o
a lot of response,
I~SsO}au lUatu~u!odde o~oq
C1~ OF AVENTURA
pUBLIC NoTiCE
coMMERCiAL ~VE~IStNG
u~Tt~G L~OARDS
cODE R~NS i~cLUDt~G BtL
to adopt the toltOWin90rdthe~e:
'he CitY o! Aveqmra prOpoSeS ~ENTUP~,'FLORtD/%'
CiTY OF/~ DE OF THE
EFtNtT ~BVERTtS NO --~,. oRoVTDTNG
4ER AND ~ERTtS R
~ ~,u~-rox ,' -.hei~Osca'*, ~oNFORMtNG %-"~M~IO~S; 5E pE~LTIE~
~.e-- ~ a chance a~ ~+;~ sells ~v G FO~ ;~ G FO~ DAO~
huns .~'. n Conne~,~" ROVIDIN pROVIDIN CE~AIN
Co~ecu° ,~ P ~; 2.~GEMEHT OF_..~ RoVIDI~G
sugges[ed. T
DteCCS.
Woman found dead
in hotel hot tub
House.
Miam~
pofiCe
The wolllan,
· ~as Bot
ered ~.
Her
accl(
The
Office,
whose
tub by a
· we find
. m Office.
Exa .~ nnen untd
n tho OrdinanCe will Be held onM '
ia Aventura _edtcal
a public Hoa~ng o _ at the Colum_b .-~ard, state 101,
.... - at T p.u,- - _ne ~o~tu--
Apri~ 1, ~g~.Ld~ at 21110 B,soaV
~er
' ~ ~ With ~Sp .
~d be.~. 1o add"~ the
pobhC n~ ~
b~ng hea '
· ~ ~ . Rh Dis~itl6es Act
wi . ~ ~eno~nS w ~ ..,ho need spe~
t ~.~ are olS~' ~ceedi~g
1991 s to Pa~O~e Off~co ~f me ~'~-r to such
aCc -~- should c°n~ u, .... da~s
~atdisabth~ ~an ~o busmu~
not tater u~
. .~y ~ c~
. a ~erson d~'anv ma~er cons~[~ ~roceedings and
~- that ~rso~ --' ed to enSUre tha~ e the
--~ose, way ne =._~ record
r SUCh pul~ %s ~ade,
'ch ~e ePPeat is to be Based-
e~idenoe upon ~ht _. ~, gm%~. C~C
., --~
~~-
I
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
CITY OF AVENTURA
PUBLIC NOTICE OF PROPOSED.
ORDINANCE
CITY OF AVENTURA
PUBLIC NOTICE OF PROPOSED
ORDINANCE - 4/1/97
NOTICE IS HEREBY GiVEN thai on Tuasday, tha 1st dsy of April,
1997, st a maating of tha City Council of tho City of Avanlura, to ba
held st 7:00 p.m. inJha Council Masting Room at tha Columbia Avon.
tura Hospnal and MadicaI Canter, 21110 Biscayna BouIavard, Suha
101, Avantura, Florida. Jha City Council wiD oonsidar tha adoption of
tha following Ordinanoa on _ re~. antitlad:
AN ORDINANCE. OF THE crrv OF AVENTURA. FLORIDA
ESTABLISHING FEES FOR THE PROVISION OF INFOfI..
MATION CONCERNING OUT$TANOING OR PENDING
CITY LIENS; I'ROVIDING A'FEESCHEDULE FOR THE
PR6PARATIONAND RECORDATION OF LIENS AND LIEN
SATISFACTIONS; PROVIQl~ f~ SEVERABILITY AND
PROVIDING AN EFFECTIVE OATE.
Tho proposad O~ may ba inspactad by tha public at tha Of.
fice of tha City Clarl<.,2Il9Il N.E. lSl!1l StraaI; Suna 500. Avantura,
FIorlla. In_ pIItiaa may _ at tha PUblic Haaring and ba
h..nf wiIIt raapacI to tha pftl~ 0rdInanca. Any parson wishing to
_1ha City Council on any nom at \I1la Public Haaring ia aakad to
regi..with1ha City CIert< prior 10 \I1st nom baing haard.
In aooordance wlth tha _cans wlth Dlaabilitias Act of 1990. all
psraOnswho ora _ and who nsad spselal aooommodatlons to
participsta in thlli ",oceading bacauaa of thal disability should oontact
tha 0ffi0a.0I tha City C1art<, HI-8901. not iatar than two buIIneaa days
prior to such procaadinga:
if a psraon _ 10 aA>aai any dacision mada by tha City Council
with raspsd to any m_ coriaiderad al a """",ng or haaring, that.
pli.rsai-'wlII nsad II raoord of tha ",ocaadingo. and, for ouch purpose,
may n8ecl to ensure that a verbatim RtCOfd of the proceedings is
mads, which reocrd includas tha lastimony and allidance upon which
ths appsal is to babaaad.
Datadlhis 2181 day of Mardi, 1997.
Tara.. M. Smnh. CMC
City CIar1<
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she Is the
Supervisor, Legal Notices of the Miami Dally Business
Review tlkla Mlaml Review, a dally (except Saturday, SUnday
and Legal Holidays) newspaper, published at Miami In Dade
County, Florida; that the attached copy of advertisement,
being a Legal Adverttsement of Notice In the matter of
In the ........................)(i**.**...................................... Court,
was published In said newspaper In the Issues of
Mar 21, 1997
Affiant further says that the said Miami Dally Business
Review Is a newspaper published at Miami In said Dade
County, Florida, and that the said newspaper has heretofore
been continuously publiShed In said Dade County, Florida,
aach day (excopt Ssturdlly, Sunday and Lagsl Holidays) and
has been entered al Hcond claas mall matter at the post
offiCI In Mlaml In said Dade COunty, Flortda, for a period of
one year next preceding the flrat publication of the attached
copy ot.adverttHment; and affiant further says that she has
neither pal or promised any pe or corporation
any dl nt, rebete, comml for the purpose
of .. II advertl Ion In the said
n
3/21
S7-<Hl32113M
to and subscribed before me this
March 97
.0.18......
(SEAL)
.....f.u8 OfFICIAL NOTARY SEAL
......, ?' ('.... JANETT lLERENA
;r .Jt'~~ ~ COMMISSION ttUMO::R
~ )5"~~ <(" CC56C004
7" ~,t.m' Q
1<- ~ ~~ MY COMMISSION EXPIRES
OF flO JUNE 23.2000
OCtelma V. Ferbeynt personally known to mI.