04-15-1997 CC Meeting AgendaCity of Aventura
The City of Exce/lence
Arthur L Snyder, Mayor
Arthur Berger, Vice Mayor
Councilmembers
Jay R. Beskin
Ken Cohen
Harry Holzberg
Jeffrey M. Perlow
Patricia Rogers-Libert
Council Meeting
April 15, 1997 - 7 PM
Columbia Aventura Medical Arts Building
21110 Biscayne Boulevard Suite 10l
Aventura, Florida 33180
AGENDA
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF MINUTES:
4.
5.
6.
7.
Council Meeting April 1, 1997
AGENDA: Request for Deletions/Emergency Additions
ELECTION OF VICE MAYOR
SPECIAL PRESENTATIONS: None
CONSENT AGENDA
A. A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING
THE CITY MANAGER TO EXECUTE THE
ATTACHED AGREEMENT FOR PROFESSIONAL
PLANNING SERVICES WITH IVEY, HARRIS &
WALLS, INC. FOR COMPREHENSIVE PLANNING
AND DRAFTING OF A LAND DEVELOPMENT
April 15, 1997 Council Meeting
8. PUBLIC
A.
CODE AS SET FORTH IN RFP NO. 97-1-31-2; AND
PROVIDING AN EFFECTIVE DATE.
(Authorizes execution of Agreement to perform
comprehensive planning services and draft land
development regulations)
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA ESTABLISHING A CODE OF ETHICS;
PROVIDING A PENALTY; PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE, AND
AN EFFECTIVE DATE.
(Establishes standards of ethical conduct for public officers
and employees)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, AMENDING
ORDINANCE NO. 96-18, WHICH ORDINANCE
ADOPTED A BUDGET FOR THE 1996/97 FISCAL
YEAR BY REVISING THE 1996/97 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 ORDINANCE; PROVIDING FOR AN
EFFECTIVE DATE.
(Amends budget to recognize additional revenue to fund
increased services in the Police and Community
Development Departments)
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA DECLARING IT UNLAWFUL TO
COMMIT ANY ACT THAT IS RECOGNIZED BY
THE LAWS OF THE STATE OF FLORH)A AS A
MISDEMEANOR WITHIN THE CORPORATE
LIMITS OF THE CITY; PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE AND
AN EFFECTIVE DATE.
(State-mandated ordinance to allow Police Department to
file misdemeanor cases)
HEARINGS: ORDINANCES - FIRST READING
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA, ESTABLISHING
SIGN CODE REGULATIONS; PROVIDING FOR
April 15, 1997 Council Meeting
PURPOSE; PROVIDING FOR DEFINITIONS;
PROVIDING FOR PROHIBITED SIGNS;
PROVIDING FOR REQUIRED SIGNS; PROVIDING
FOR SIGNS NOT REQUIRING A PERMIT;
PROVIDING FOR RESIDENTIAL DISTRICT
PERMANENT SIGNS; PROVIDING FOR NON-
RESIDENTIAL DISTRICT SIGNS; PROVIDING FOR
TEMPORARY SIGNS; PROVIDING FOR
SUPPLEMENTAL REGULATIONS; PROVIDING
FOR SIGN PERMITS; PROVIDING FOR NON-
CONFORMING SIGNS; PROVIDING FOR SIGN
MAINTENANCE; PROVIDING FOR REMOVAL OF
IMPROPER SIGNS; PROVIDING FOR
REPLACEMENT OF SIGN CODE PROVISIONS
PROVIDED BY METROPOLITAN DADE COUNTY
CODE SECTIONS 3:5-82 TO 33-121.27; PROVIDING
FOR REPEAL OF CONFLICTING PROVISIONS;
PROVIDING FOR SEVERABILITY AND AN
EFFECTIVE DATE.
(It is anticipated that this item will be deferred to May 6, 1997)
9. PUBLIC HEARINGS: ORDINANCES - SECOND READING
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA ADOPTING THE OFFICIAL SEAL OF THE,
CITY; PROVIDING FOR SEVERABILITY,
PROVIDING FOR PENALTY; PROVIDING FOR
INCLUSION IN THE CODE AND AN EFFECTIVE
DATE.
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 PROHIBmON 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
April 15, 1997 Council Meeting
REGULATIONS; PROVIDING FOR TERMINATION
OF CLASS "C" SIGN MORATORIUM; PROVIDING
FOR AN EFFECTIVE DATE.
10. RESOLUTIONS: None
11. OTHER BUSINESS:
MOTION TO DIRECT THE CITY ATTORNEY TO
INVESTIGATE THE CITY'S ABILITY TO
REGULATE LIVE-ABOARD BOATS
(Couneilmember Beskin)
MOTION TO DIRECT THE CITY ATTORNEY TO
INVESTIGATE THE CITY'S ABILITY TO
REGULATE THE CONVERSION OF PROPERTY
TO TIMESHARE
(Councilmember Holzberg)
12. REPORTS
13. PUBLIC COMMENTS
14. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS:
MONDAY, MAY 5, 1997
9AIVl
COUNCIL WORKSHOP MEETING
TUESDAY, MAY 6, 1997
6 PM
COUNCIL MEETING
TUESDAY, MAY 20, 1997 6 PM COUNCIL MEETING
*Government Canter, 2999 NE 191st SWeet, Suite 500, Aventura, Florida 33180
In accordance with the Americans with Disabilities Act of 1990, all pelsons who are disabled and who need special
accommodations to participate in this meeting bemuse of that disability should contact the Office of the City Clerk, 466-8901.
not later than two days prior to such proceeding.
Anyone wishing to appeal any decision made by the Aventura City Council with respect to any matter considered at such
meeting or hearing will need a record of the proceedings and, for such purpose, may need to ansum that a verbatim record of
the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
Aganda ~tems may be v~ewed at the Office of the C~ty Clerk, Caty of Avantura Govarnmant Canter, 2999 NE 191s Street, Smto
500, Avantara, Florida, 33180~ Anyone wishing to obtain a copy of any agenda item should contact the City Clark at 466-8901.
MINUTES
CITY COUNCIL MEETING
CITY OF AVENTURA, FLORIDA
TUESDAY, APRIL 1, 1997 7 P.M.
COLUMBIA AVENTURA MEDICAL ARTS BUILDING
21110 BISCAYNE BOULEVARD SUITE 101
AVENTURA, FLORIDA
1. CALL TO ORDER/ROLL CALL: The meeting was celled to order at 7 p.m. Mayor
Snyder appointed Councilmember Holzberg to Chair the meeting. Present ware
Councilmembers Ken Cohen, Harry Holzberg, Jeffrey M. Perlow, Patricia Rogers-
Libert, Vice Mayor Arthur Berger, Mayor Snyder, City Manager Eric M. $oroka, City
Clerk Teresa M. Smith, and City Attorney David M. Wolpin. Councilmember Beskin
was absent. As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: George Feffer led the pledge of allegiance.
3. APPROVAL OF MINUTES: A motion to approve the minutes of the March 17, 1997
Town Hall Meeting and the March 18, 1997 Council Meeting was offered by
Councilmember Rogers-Libert and seconded by Vice Mayor Berger. Councilmember
Rogers-Libert requested that the handouts provided at the Town Hall Meeting be
attached to the minutes of that meeting and referred to therein. The motion passed
unanimously and the minutes ware approved.
7.A. PUBLIC HEARINGS (Taken out of order)
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
Mr. Wolpin read the applicent's request and noted that this was a quasi-judicial
hearing. All witnesses ware sworn in by the City Clerk. Councilmember Holzberg
opened the public hearing. Mark Ulmer, Esq., 11900 Bisceyne Boulevard, addressed
Council on behalf of the applicent. There being no further speakers, the public
hearing was closed. A motion for approval was offered by Councilmember Cohen
and seconded by Mayor Snyder. A motion was offered by Councilmember Perlow,
seconded by Councilmember Rogers-Libert and unanimously passed to amend the
motion to include the following provisions: that the applicant post a $10,000 bond as
assurance of removal of the billboard; that the City be authorized to enter onto the
property, remove the billboard and utilize the bond proceeds as reimbursement
therefore should the applicant fail to do so; that no compensation shall be payable by
the City to the applicant for removal of the billboard and that should litigation ensue,
the prevailing party shall be entitled to reasonable attorneys fees. The motion for
approval passed unanimously by roll call vote.
4. AGENDA: REQUEST FOR DELETIONS/EMERGENCY ADDITIONS:
Councilmember Cohen requested removal of items 6.A and 6.B from the Consent
Agenda.
$. SPECIAL PRESENTATIONS: None
6. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Councilmember Rogers-Libert, seconded by Vice Mayor Berger, and unanimously
passed. Thus the following action was taken:
C. Resolution No. 97-26 was adopted as follows:
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.
D. Resolution No. 97-27 was adopted as follows:
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 ARQUlTECTONICA 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.
E. Resolution No. 97-28 was adopted as follows:
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; PROVIDING FOR TRANSMISSION;
AND PROVIDING AN EFFECTIVE DATE.
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
ADOPTING THE OFFICIAL SEAL OF THE CITY;
PROVIDING FOR SEVERABIUTY, INCLUSION IN THE
CODE AND AN EFFECTIVE DATE.
It was the consensus of Council to include a penalty provision in the ordinance prior
to second reading. A motion to approve the ordinance was offered by
Councilmember Rogers-Libert, seconded by Mayor Snyder and unanimously
passed by roll call vote.
Bm
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.
A motion to approve the resolution was offered by Councilmember Rogers-Libert,
seconded by Mayor Snyder, unanimously passed, and Resolution No. 97-29 was
adopted.
7. PUBLIC HEARINGS:
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ADOPTING A PORTION OF THE SIGN CODE OF 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 SEVERABIMTY;
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.
Councilmember Holzberg opened the public hearing. There being no speakers, the
public hearing was closed. A motion to enact the ordinance was offered by
Councilmember Rogers-Libert and seconded by Mayor Snyder. The motion passed
unanimously, 5-0. (Councilmember Rogers-Libert was not present for the vote).
8. PUBLIC HEARINGS: ORDINANCES - SECOND READING
Mr. Wolpin read the following ordinance 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.
Councilmember Holzberg opened the public hearing. There being no speakers, the
public hearing was closed. A motion to approve the ordinance was offered by
Mayor Snyder, seconded by Councilmember Rogers-Libert, unanimously passed by
roll call vote and Ordinance No. 97-10 was enacted.
g. RESOLUTIONS: None
10. OTHER BUSINESS: None
11. REPORTS
12. PUBLIC COMMENTS. The following members of the public addressed Council:
Leonard Geller, 2750 NE 183~ Street; Ginger Grossman, 20100 W. Country Club
Drive; Lionel Socolov, 3530 Mystic Point Drive; and William Heiberger, 20379 W.
Country Club Drive.
Councilmember Holzberg announced the dates of the next meetings.
13. ADJOURNMENT: There being no further business to come before Council at this
time, after motion made, seconded and unanimously passed, the meeting adjourned
at 8:05 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
appea~ is to be based.
5
CITY OF AVENTURA
OFFICEOFTHECITYMANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Eric M. Soroka, Ci~/,l~ ~
April 10, 1997
Resolution Authorizing Execution of Agreement to Perform Planning
Services for Preparation of the Comprehensive Plan and Land
Development Regulations - RFP - 97-1-31-2
April 15, 1997 City Council Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution which authorizes
the execution of an agreement to perform professional planing service for the
Comprehensive Plan and Land Development Code with Ivey, Harris & Walls, Inc.
BACKGROUND
As authorized by Resolution No. 97-23, 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. Comprehensive Plan, including Optional Economic Development and Urban Design
Elements - cost $96,000.
2. Land Development Regulations - cost $45,000.
3. The Comprehensive Plan will be submitted to the City no later than June 1998.
4. The Land Development regulations will be submitted to the City no later than
December 1998.
5. The services to be provided are in accordance with the Request for Proposal.
Memo to City Council
Page 2
6. The cost of the Optional Urban Design Element is $11,300, which is included in Item
Number 1.
As a comparison, the Village of Pinecrest has entered into an agreement for $88,000
for the Comprehensive Plan and $45,000 for the Land Development Regulations. Their
Scope of Services does not include the Optional Economic Development and Urban
Design Elements.
It is anticipated that $75,000 will be expended this fiscal year. Therefore, a budget
amendment has been prepared to fund this project and is included on the agenda.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0277-97
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 PLANNING SERVICES WITH IVEY,
HARRIS & WALLS, INC. FOR COMPREHENSIVE
PLANNING AND DRAFTING OF A LAND DEVELOPMENT
CODE AS SET FORTH IN RFP NO. 97-1-31-2; 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 Planning Services With Ivey, Harris & Walls, Inc. for
Comprehensive Planning and drafting of a Land Development Code as set forth in RFP
97-1-31-2.
Section 2. This Resolution shall become
adoption.
The foregoing Resolution was offered by
moved its adoption. The motion was seconded by
and upon being put to a vote, the vote was as follows:
effective immediately upon its
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. 97-__
Page 2
PASSED AND ADOPTED this 15th day of April, 1997.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
/tins
AGREEMENT
This Agreement, made this day of ~ 1997, by and between the City of Aventura, Florida, a
Florida municipal corporation (hereinafter referred to as "City") and Ivey, Harris & Walls, Inc. (hereinafter referred
to as "Consultant").
WHEREAS, the City intends to use the Consultant's professional services for Comprehensive Planning
and drafting of a Land Development Code (hereinafter referred to as the "project"); and
WHEREAS, the Consultant is willing and able to perform such professional services for the City on the
terms and conditions hereinafter set forth.
NOW THEREFORE, in consideration of the premises and mutual covenants herein contained, it is hereby
agreed as follows:
Section I. Scope of Services
1. The services of the Consultant will include the tasks as outlined in Exhibit I - Scope of Services,
attached hereto and made a part of this Agreement.
2. The City may request the Consultant to make changes in the scope of services; make revisions to
work that has been performed or to provide services in addition to those described in Exhibit I. Any changes,
revisions or additional services requested by the City that are not due to Consultant error or negligence will be
incorporated into the scope of services by written amendment to this contract and the Consultant shall be entitled to
additional compensation as mutually agreed to by the City and the Consultant.
3. If services of sub-consultants or outside experts are required to complete a task or tasks contained
in the scope of services, the Consultant shall obtain these services upon written authorization fi.om the City. For
the services of sub consultants employed by the Consultant for additional services, the Consultant shall charge a
reasonable administrative fee for expenses billed to the Consultant, upon prior approval from the City.
Section II. Period of Services/Progcess/Delays
1. This Agreement will extend for the period which may reasonably be required for the completion of
the services described in Exhibit I and any amendments incorporated therein.
2. Consultant services which extend beyond the City's Fiscal Year period (October 1 through
September 30) shall be scheduled on a task(s) by Fiscal Year basis and Consultant invoices for these completed
tasks shall be submitted to City prior to September 30.
3. Consultant services will be identified by specific assignment based on the scope of services,
Exhibit I. Each assignment will be assigned a completion schedule and fee for services. The Consultant shall
work in a timely fashion to complete the assignment within the period of time specified by the City and agreed to
by the Consultant. Should the Consultant experience delays in completion of the assignment by the Consultant,
then the City reserves the right to retain ten percent (10%) of the total amount of the Consultant's fee for the
assignment which is delayed, until the completion of the Scope of Services outlined in Exhibit I of this Agreement.
Said retainage shall be paid in full to the Consultant within thirty (30) days of the completion of the final
assignment outlined in Exhibit I of this Agreement, less such costs and expenses as the City shall incur as a result
of the delay. Said retainage shall be withheld by paying to the Consultant the full amount of all invoices submitted
during the assignment, not to exceed ninety-percent (90%) of the total fees for the assignment until the submission
of the final invoice for that assignment. Should the City cause the delay of completion of any task assigned to the
Consultant in this Agreement, the Consultant shall not be penalized, provided the Consultant has notified the City
of the City-caused delay at the time of the said delay.
Ivey, Harris, & Walls, Inc. page 1 of 1 ~
4. The Cousultant agrees to provide the City upon request, interim work products by established
deadlines. The City will incorporate reasonable City review time for the consultant's work into the agreed upon
work schedule. The City will be entitled at all times to be advised as to the status of the work being done by the
Consultant, and the details thereof.
5. The Consultant will maintain an adequate and competent staff of qualified persons for the purpose
of rendering the required professional services as specified in the scope of services.
6. In the event them are substantial delays to the Project's scheduled completion date due to
cimumstances determined to be beyond the control of the Consultant, the Consultant may submit a revised time
schedule and an adjusted fee based on the current hourly rate schedule to the City for review and negotiation. The
City shall meet with the Consultant to review the causes for the delay and to develop a revised time schedule. The
City shall negotiate with the Consultant in good faith, but the final determination of any extension of contract time,
or the cause of any delay shall be made by the City, which determination shall not be unreasonably made.
Section III. Payments to Consultant
1. The City shall pay the Consultant for Basic Services rendered, pursuant to the attached Exhibit II.
2. Additional Services. The City may use either Fixed Fee (a) or Hourly with Maximum Budget (b)
as a method of payment of approved additional services, or compensation for approved additional services may be
paid at the current approved hourly rates in effect at the time the additional services am authorized. The Consultant
agrees that pursuant to this Agreement, hourly rates charged for employees rendering services to the City at the
beginning of the contract period shall be shown in the Schedule attached hereto as Exhibit III for services which
are agreed to be paid for on an hourly basis. The Consultant may submit revised hourly rate schedules to the City
on or after the anniversary date of the execution of the contract for review and negotiation.
a. Fixed Fee. The City and Consultant shall negotiate a fixed fee for the Additional Services
prior to commencing same; or
b. Hourly with Maximum Budget. The Consultant and the City will negotiate a maximum
budget for the Additional Services. The Consultant will bill the City according to the currently approved hourly
rate schedule not to exceed this maximum budget.
3. Sub-Consultants. For services and reimbursable expenses of sub-consultants employed by the
Consultant (Sec. I, Par. 3), the City will reimburse Consultant the amount billed them plus a reasonable
administrative fee upon prior approval of the sub-consultant, the sub-consultant's fee and the Consultant's
administrative fee by the City.
4. Expert Witness. The City will pay the Consultant the current approved hourly schedule for
services as consultants or witnesses in any litigation.
5. Reimbursable Expenses. The City will pay the Consultant for costs of reimbursable expenses
incurred in the performance of the scope of services as shown on Exhibit II. Consultant invoices shall make a
distinction between professional services, which are based on an hourly rate, and reimbursable expenses which are
direct expenses, plus reasonable administrative fee. These two types of Consultant fees should be shown as
separate totals and constitute the total for the invoice.
6. Meetings. The Scope of Services includes a specified number of meetings to be attended by the
Consultant without additional compensation. Supplemental meetings requested by the City shall be billed
according to the payment criteria specified in the previous Section I11.2.
Ivey, Harris, & Walls, Inc. page 2 of 15
Section IV. Times of Payment
1. The Consultant shall submit statements for the services rendered upon the completion of each task
listed in Exhibit I. The amount of reimbursement requested shall be in accordance with the cost for each task as
stated in Exhibit I. Fee statements will include the consultant's pementage of project completion. Statements will
include a summary in form and with detail satisfactory to the City of the services performed and any services still
remaining to be performed. Reimbursable expenses shall be paid to the consultant on a monthly basis, upon the
Consultant's presentation to the City of an itemized bill for review and approval.
2. Invoices that are submitted either monthly, or upon completion of each task, shall be paid by the
City in accordance with the provisions of Section 218.70, Florida Statutes.
Section V. General
1. The City may designate in writing a person to act as City's representative under this Agreement.
Unless otherwise changed in writing, this person shall regularly be the City Manager. The City Manager may
assign a project manager to a Project to work with the consultant representatives. Such person(s) shall have
complete authority to transmit instructions, receive information, interpret and define City policies and decisions
with respect to materials, equipment, elements and systems pertinent to the Consultant's services. Services
performed on any Project authorized by other than the City Manager or his designated project manager will be
considered to be unauthorized, and payment for same may not be made.
2. Should other City departments/divisions or agencies of the City seek to authorize work or secure
additional service, the City will not be obligated to pay for any such work or additional services pursuant to the
terms of this Agreement unless approved by the City Manager or assigned project manager in writing and in
advance of work being performed. Included in any approval to perform work will be identification of the funding
for payment of the services rendered.
3. The Consultant shall maintain complete and accurate books and records in a form acceptable to the
City relating to basic and Additional Services rendered and Reimbursable Expenses incurred pursuant to this
Agreement. The form of such books and records shall require that the Consultant allocate the cost of its services
among the various tasks and/or Projects.
4. The Consultant agrees, at its sole cost and expense, to correct all errors and other defects in the
Basic and any Additional Services rendered by the Consultant to the extent the errors and/or defects are the fault of
the Consultant.
5. The Consultant agrees for itself, its successor in interest and assigns that the Consultant, in the
furnishing of services to the City hereunder, shall subject no person to discrimination and that the Consultant shall
comply with all requirements imposed by any applicable federal, state and local laws, rules, regulations,
requirements, orders and directions which may pertain or apply to the services to be rendered by the Consultant
hereunder. The Consultant shall require all sub-consultant and special consultants to comply with the provisions of
this paragraph, but shall not be responsible for the failure of any sub-consultant or special consultant to comply.
6. All data, specifications, estimates, calculations, plans, drawings, transportation computer models,
construction documents, photographs, instruments, information and materials prepared or accumulated by the
Consultant (or by such sub-consultants and special consultants) in rendering services hereunder for which payment
has been made to Consultant shall be the sole property of the City who may reuse them at no additional cost and
the City shall be vested with all rights therein of whatever kind and however created; provided that the Consultant
shall in no way be liable or legally responsible to anyone for the City's use of any such materials on another
project.
7. The term of the contract shall be from date of award until September 30, 1999, with the ability, if
both parties mutually agree, to extend up to another two (2) years until September 30, 2001.
Ivey, Harris, & Walls, Inc. page 3 of 15
Section VI. Indemnity/Insurance Requirements
1. The Consultant will obtain or possess the following insurance coverage and will provide
Certificates of Insurance to the City prior to commencing operations under the contract to verify such coverage.
The insurance certificate shall contain a provision which forbids any changes or material alterations in the coverage
without providing thirty (30) days prior notice to the City. Furthermore, the City shall be named as additional
insured by the Consultant's insurance company.
2. To the fullest extent permitted by law, the Consultant shall defend, indemnify and hold harmless
the City and its agents and employees from and against all claims, damages, losses and expenses, including but not
limited to attorney's fees arising out of or resulting from the performance of the tasks, provided that any such
claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or
destruction of tangible property (other than the work itself) including the loss of use resulting therefrom, and (2) is
caused by any negligent act or omission of the Consultant, any sub-consultants, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is
caused in part by a party indemnified hereunder.
3. The Consultant shall secure insurance in the following categories in amounts not less than shown:
a. Workers' Compensation Statutory Dollar Limit
b. Comprehensive General Liability - $1,000,000
c. Comprehensive Automobile Liability - $500,000
d. Errors and Omissions (Professional Liability) (Included in 3(b)).
Section VII. Termination
1. Either Party. This Agreement may be terminated by either party upon seven (7) days written notice
in the event of material failure by either party to perform in accordance with the terms hereof through no fault of
the terminating party.
2. (a) By City for Conveniences. This agreement may be terminated at any time by the City for
convenience. If such termination occurs upon completion of any phase of the basic services, progress payments
due the Consultant for service properly rendered through such phase shall constitute total payment for such
services. If such termination occurs during any phase of the basic services, the Consultant will be paid for services
rendered during that phase on the basis of any estimate of work properly completed to that date. In the event of any
termination, the Consultant will be paid for all unpaid completed and approved additional services and unpaid and
approved reimbursable expenses.
(b) By City for Cause. If this Agreement is terminated by the City for cause, Consultant shall be
entitled to payment for all services and expenses properly performed or incurred as provided in 2(a). The City shall
be entitled to the cost of securing replacement performance to the extent replacement performance costs are in
excess of that contemplated by this Agreement, but in no event shall Consultant be responsible for payment of any
services which are in excess of those contracted for between City and Consultant. Further, Consultant's
entitlement to payment for all services and expenses properly performed or incurred as provided in 2(a), will also
be less the costs, expenses and damages which city would legally be entitled to recover from Consultant, under the
laws of Florida, which are incurred by the City as result of the termination of Consultant for cause. The City shall
act in good faith to mitigate any and all of its costs, expenses and damages. Interest charges on the amounts the
City seeks to recover from Consultant as a result of Consultant's termination for cause shall begin to accrue upon
termination at the rate of twelve percent (12%) annum. City will exercise good faith in its determinations
regarding retention of funds due Consultant under this section, and shall exercise such good faith in employing
attorneys to collect moneys owed by Consultant to city and any costs associated therewith.
Ivey, Harris, & Walls, Inc. page 4 of 15
3. By Consultant for Cause. If this Agreement is terminated by Consultant for cause, Consultant
shall be entitled to payment for all services and expenses properly performed or incurred as provided in 2(a).
Section VIII. Conflicts of Interest
Due to the nature of work being performed by the Consultant for the City, the consultant agrees that he will
not accept any work that would produce a conflict of interest, give the appearance of a conflict of interest, or
compromise the reliability of the Consultant's professional judgment and recommendations during the term of this
contract and any extensions. Consultant shall notify the City Manager in writing of any potential conflicts, and the
City Manager shall in mm determine whether or not such a conflict exists, and notify the Consultant in writing of
his determination within ten (10) days of receipt of Consultant's written request for such determination.
Section IX. Assignment
This Agreement shall not beassignable by the Consultant.
Section X. Prohibition Against Contingent Fees
The Consultant warrants that it has not employed or retained any company or person, other than a bona
fide employee or sub-consultant working solely for the Consultant, 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 Consultant any fee, commission, percentage, gift, or any other consideration,
contingent upon or resulting from the award or making of this Agreement.
Section XI. Governing Law
This Agreement shall be construed in accordance with the laws of the State of Florida. Venue for any
litigation hereunder shall be inDade County, Florida.
Section XII. Attorney's Fees
In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to
recover reasonable attorneys' fees and court costs.
Section XIII. Entire Agreement
This Agreement, including the Exhibits hereto, constitutes the entire Agreement between the parties and
shall supersede and replace all prior agreements or understandings, written or oral, relating to the matters set forth
herein.
Ivey, Harris, & Walls. Inc. page 5 of 15
1N WITNESS WHEREOF, the parties have executed this Agreement at Aventura, Florida the day and year
first above written.
Signed, sealed and delivered
Ivey, Harris & Walls, Inc.:
in the presence of:
Kimberly Ann Kirkpatrick
City of Aventura, Florida:
Approved as to form and
legal sufficiency for use and reliance by:
the City of Aventura, Florida
By:.
Attest:
Eric M. Soroka, City Manager
Teresa M. Smith, City Clerk
City Attorney
Ivey, Harris, & Walls, Inc. page 6 of 15
EXHIBIT I - SCOPE OF SERVICES
GENERAL UNDERSTANDING AND EXPRESSION OF THE ASSIGNMENT
This scope of services shall provide for Ivey, Harris & Walls, Inc. and their selected subconsultants, hereafter
referred to as the Consultant, to perform a series of data collection, data analysis, documentation, meeting
presentation and coordination services for the City of Aventura, hereafter referred to as the Client. The services
shall be those associated with the Consultant's preparation of a Local Government Comprehensive Plan and Land
Development Regulations consistent with the basic guidelines and requirements of Chapter 163, Florida Statutes
and Chapter 9J-5, Florida Administrative Code. The Comprehensive Plan effort shall also include the preparation
of an optional Economic Development Element and Urban Design Element.
IH&W shall be available to complete this project from the assembly and development of the data and analyses
through adoption and negotiation of any outstanding compliance issues with the State of Florida's Department of
Community Affairs. It is mutually anticipated that this effort shall, from the date of receipt of a Client executed
contract and notice to proceed, require approximately eighteen months to complete. The specific outline of tasks
and work product deliverables is as follows:
I. LOCAL GOVERNMENT COMPREHENSIVE PLAN
A. Data Collection
The Consultant shall gather and coalesce existing comprehensive planning information, as available to the
City from Dade County and other public and private service providers, as a departure point for additional
data collection and refinement. With respect to existing land use, natural resources, recreation, housing
and transportation data, the Consultant shall use the City's and Dade County's planning information
(including GIS files), archaeological and historic resource data from the State Department of Commerce,
Dade County and Florida Department of Transportation vehicle and traffic data, FEMA flood zone maps,
1990 U.S. Census data, USGS topographic maps, Florida Game and Freshwater Fish Commission
surveys, SJRWMD studies, University of Florida's BEBR population projections, and data from the
Shimberg Center for Affordable Housing. Utility line and plant information from the City service
providers, as well as data from previous studies known to the City, will be secured and referenced for plan
development. Procurement of a majority of this data and preparation of a summary data source file shall
constitute completion of this task.
B. Data Update and Refinement
The Consultant proposes to establish 1996 as the 'base year' for the City's 'existing conditions'
information. In order to develop a common set of updated plan information, the Consultant shall rely on a
combination of large scale aerial photo analysis, document research, and limited field investigations to
carry out the refinement of existing source information. Consultant work products shall consist of one set
of report-sized original hard copy and file maps, narrative in Microsoft Word, and spreadsheet tables in
Microsoft Excel.
C. Existing Conditions Mapping
Pursuant to data and analysis requirements of Chapter 9J-5 F.A.C., the Consultant shall prepare a set of
natural features maps (e.g., soils, flood zones, drainage features, land use, environmentally sensitive areas)
and built features maps (e.g., roads, parks, water & wastewater lines, and housing areas) &the City and its
surrounding environs. The maps shall be prepared electronically using a recent release version of
AutoCad. Digital graphic and data files from the City's GIS shall be used, in part, as base information for
Ivey, Harris, & Walls, Inc. page 7 of l ~
this task. It is assumed that the City lot and street data is reasonably accurate and is registered to a
standard, geographic coordinate system. Final maps shall be black and white presentation format with
color overlays of information specific to each map.
The Consultant shall confer with the Client on the final format for the map title block, border and other
generic design elements. The Consultant shall prepare a drat~ of each plan element map for the City's
review and comment. Following one set of draft map revisions, report format (1 l"x 17") & presentation
format (30"x42") final hard copies, and electronic files of each map in AutoCad format shall be provided
to the City. Final electronic files shall be compiled and provided on compact disk(s). Other file media may
be substituted per Client instruction.
D. Data Analysis and Projections of Future Conditions
As agreed upon by the Client, the Consultant proposes to establish year 2005 and 2010 horizon years for
purposes of assessing plan-related needs of the City's future projected population. Based upon Chapter 9J-
5 F.A.C., the Consultant shall prepare the requisite analyses of existing and projected conditions for each
plan element. Submission of the draft supporting analyses for each element of the plan shall constitute
completion of this task. Ultimately, the detailed compilation of plans supporting data and analysis, to
include maps, narrative, and tables per the requirements of 9J-5, would be consolidated in one summary
document for ongoing reference. The Consultant shall be responsible for compiling the document original
in its draft and final form.
E. Future Conditions Mapping
Pursuant to the data and analysis requirements of Chapter 9J-5 F.A.C., the Consultant shall prepare a set of
proposed future condition maps for the City's natural and built environment. These maps would result, in
pa~ from the analysis of existing and projected data and the setting of goals, objectives and policies. As
with the existing conditions maps, the future map series would be prepared in draft form for City revie~v
and comment. Final maps would be electronically prepared using a recent release version of AutoCad.
Final maps shall be black and white presentation format with color overlays of information specific to each
map.
F. Goals, Objectives and Policies
Chapter 9J-5 F.A.C. outlines a detailed set of minimum content requirements for the goals, objectives and
policies (GOPs) of the City's plan. These include the setting of levels of service for facilities and services,
specification of target objectives for all plan elements, the means by which such targets shall be sought and
achieved, and the City's philosophic position on issues of public interest.
As the former adopted jurisdictional plan for the City, the Consultant shall review the Dade County
Comprehensive Plan as one potential departure point for further discussion and refinement of the City's
proposed GOPs. However, the Consultant and City shall be jointly charged with the development of those
GOPs that best represent the local interests of the City of Aventura.
Based on the cumulative results of the data evaluation and the public participation process, the Consultant
shall prepare for and assist the City in the deliberation of a set of draft short- and long- term (per 9J-5)
GOPs of the Aventura Plan. Upon consideration and adoption by the City Council, the plan GOPs will
reside in a separate plan document for ongoing reference and action by the City's policy boards and
administrative staff.
G. Miscellaneous Meetings
During the course of the comprehensive plan process, the Consultant shall attend six (6) meetings with the
City Planning Advisory Board for the purpose of reviewing groups of draft plan elements. In addition, the
Consultant shall sponsor and attend two (2) "traveling" public presentations to selected groups (e.g., civic
associations) within the City. It is anticipated that the traveling meetings would be held on consecutive
days. Finally, the Consultant shall attend three (3) meetings with the City Council, one for the Plan
adoption hearing, the second for the review and consideration of comments following submittal of the Plan
Ivey, Harris, & Walls, Inc. page 8 of 13
to Department of Community Affairs. A minimum of two Consultant representatives shall attend each
meeting.
H. PUBLIC PARTICIPATION PROCESS
1. Council Visioning Workshop
One day-long visioning workshop with City Council members and staff will be sponsored and
attended by three members of the Consultant team. IH&W subconsultant Ed Preston shall be lead
facilitator for this vision workshop. The purpose of this presentation will be to solicit clear input
and direction from elected officials as to their collective planning vision of Aventura's future.
2. Community Newsletters
In order to maintain an active knowledge of community involvement activities, the Consultant will
provide up to eight article supplements to the City's existing newsletter.
3. Vision Process Documentation
A final tangible work product of the Consultant shall be a simple and clear community vision
document designed for the end user. While this guide may not necessarily conform to
requirements of Chapter 9J-5, F.A.C., it will be a concise document that clearly defines the path to
accomplish the broad community vision. Additionally, on-going public participation guidelines
will be provided for use beyond the initial planning process.
I. OPTIONAL URBAN DESIGN ELEMENT
The Consultant proposes to prepare an Urban Design Element asan additional plan element beyond the
requirements of Chapter 9J-5, F.A.C. This element shall provide the broad direction for urban design
considerations (e.g., public spaces, edge treatments, building massing, lighting, signage, landscape and
hardscape) and shall provide a major basis for selected components of the City's Land Development
Regulations. In effect, the element shall provide "visionary" design recommendations to guide the future
planning and development/redevelopment of land throughout the City.
DELIVERABLES
1. Twenty-five bound copies of the Draft Comprehensive Plan (separate Data and GOP Plan).
2. Sixty bound copies of the Final Comprehensive Plan (separate Data and GOP).
3. Thirty bound copies of the final Vision Document.
4. One set of report format (8.5" x 11") Goals, Objectives and Policies, and Comprehensive Plan
Data final hard copies, with narrative in Microsoft Word, and spreadsheet tables in Microsoft
Excel on compact disk.
5. All mounted presentation boards used during the course of the project.
6. Aerial photographs, both mounted hard copies and electronic files, used during the course of
the pr~ect.
Ivey, Harris, & Walls, Inc. page 9 of 15
II. LAND DEVELOPMENT REGULATIONS
The Consultant shall prepare of a set of plan implementation development regulations, to include procedural,
zoning and subdivision requirements. As with the development of the draft comprehensive plan, the Dade County
development regulations will provide a logical starting point for development of the City's LDR.
Based on preferences of the City's Administrative Staff, Planning Advisory Board, and Council, many alternative
code provisions may be considered for adoption. For example, portions of the state's Model Land Development
Code may offer some desired advantages to the City. Jurisdictions with development characteristics that the City
cares to emulate may serve as models for local code requirements. With respect to the City's already developed
areas, the code deliberations may warrant specific treatments for retroactive or amortized requirements. The tasks
to accomplish LDR development follow.
A. Land Development Regulations Data Collection
In collaboration with City staff, the Consultant shall gather and coalesce existing land development
regulation information. The Consultant shall gather additional regulatory information from a maximum of
four agencies or jurisdictions. Procurement of a majority of the cited data and the preparation of a
summary data source file shall constitute completion of this task.
B. Data Update and Refinement to First Draft Regulations
Based on collaboration with the City administrative staff, the Consultant shall proceed with excerpting and
compiling regulatory information from the various sources. Emphasis shall be placed on the use of graphic
representation of preferred standards. The result of this effort shall be a set of draft regulations that are
subsequemly reviewed through a public, technical process by the City's Planning Advisory Board and City
Council. Consultant work products shall consist of a set of report sized original hard copy and graphics,
narrative in Microsoft Word and spreadsheet tables in Microsoft Excel.
C. Technical and Public Review Process
At the outset of the LDR process, the Consultant shall sponsor and attend one day-long technical visioning
workshop with the City Council to solicit input and direction. Subsequent to the preparation of the first
draft regulations, the Consultant shall attend a maximum of four (4) meetings with the City Planning
Advisory Board to solicit input from the public and Board members. Based on the collective input received
from the various review entities, the Consultant shall prepare two (2) sets of revisions to the draft LDR.
The Consultant shall be responsible for the preparation of the each original set of draft work products. The
Client shall be responsible for the distribution of the draft regulations, in whole or in part, to the selected
review entities.
D. Concurrency Management System
A local concurrency management system (CMS) will be detailed as part of the City's draft and final LDR.
The system shall be designed as a partially automated, user-friendly system in terms of input requirements
and output summaries. The system would require City labor in order to input individual development
applications and, at a larger scale, the periodic update of the base "existing plus committed project"
information. While the mechanics of the system are not as yet fully determined, the system shall be based
on a series o spreadsheets or data bases covering the required level of service monitoring parameters of
concurrency per Chapter 9J-5, F.A.C.: potable water, wastewater, solid waste, parks and recreation,
drainage, and traffic circulation.
The specific services of the Consultant shall be to prepare and calibrate the automated system, to input
base information for the initial "existing" conditions information, to document the input and output
mechanics of the system and conduct an educational workshop with the City staff with respect to the
operation of the system. The Consultant also shall be available to correct program errors, if any, that may
Ivey, Harris, & Walls, Inc. page 10 of 15
be discovered in the first year operation of the system. In terms of the automated complexity of the system,
it is jointly understood an agreed upon that the programming budget for this Task is based upon one
hundred and twenty (120) hours, at a billing rate of fifty dollars ($50.00) per hour, of the Consultant's
senior programming staff.
E. Deliverables
1. Twenty-five bound copies of the Draft Land Development Regulations.
2. Sixty bound copies of the Final Land Development Regulations.
3. One set of report format (8.5" x 11") Land Development Regulations final hard copies, with
narrative in Microsoft Word, and spreadsheet tables in Microsoft Excel on compact disk.
4. AIl mounted presentation boards used during the course of the project.
5. Aerial photographs, both mounted hard copies and electronic flies, used during the course of
the project.
Ivey, Harris, & Walls, Inc. page 11 ofl>
EXHIBIT II - FEES AND EXPENSES
Comprehensive Plan
Comprehensive Plan Task One - Data Collection
Comprehensive Plan Task Two - Data Refinement
Comprehensive Plan Task Three - Existing Conditions Mapping
Comprehensive Plan Task Four - Data Analysis and Projections
Comprehensive Plan Task Five - Future Conditions Mapping
Comprehensive Plan Task Six - Goals, Objectives and Policies
Comprehensive Plan Task Seven - Miscellaneous Meetings
Public Participation Process Task One - Visioning Process
Public Participation Process Task Two - Newsletters
Public Participation Process Task Three - Documentation
OPTIONAL: Urban Design Element
ESTIMATED TOTAL FEE
13,500.00
12,900.00
11,500.00
16,500.00
9,100.00
3,500.00
10,500.00
2,200.00
2,400.00
2,600.00
11,300.00
$96,000.00
Land Development Regulations
Land Development Regulations Task One - Data Collection
Land Development Regulations Task Two - First Draft Regulations
Land Development Regulations Task Three - Technical and Public Review
Process
Land Development Regulations Task Four - Concurrency Management
System
ESTIMATED TOTAL FEE
4,000.00
19,300.00
8,500.00
13,200.00
$45,000.00
Estimated Reimbursable Expenses
See attached spreadsheet for breakdown of costs:
Color graphics, materials, copies, telephone, aerial photographs, presentation materials,
newsletters, etc.
GRAND TOTAL
$28,609.28
$169,609.28
Ivey, Harris, & Walls, Inc. page 12 of l >
City of Aventura Comprehensive Plan & Land Development Regulations
Miscellaneous & Out-of-Pocket Expenses
AERIAL PHOTOGRAPHY AND SCANNED IMAGES
Photos & Raster File Output - Set
SUBTOTAL
$ 4,550.00
MISC. PHOTOGRAPHY
Quantity
Cost
Total
Slides
Prints Color Photo
Scans
3001 300[ $55000
$ 0.45 $ 0.60
$ 35.00 $ 8000 $25000
$ 565.00
PRESENTATION BOARD MOUNTING & LAMINATING
Gatorboard Laminate Heavy Gatorbd~ Color Plots
Cost $ 4.50 $ 4.25 $ 5.60 $ 5.50
30.00
Total
$ 5,658.63
DOCUMENT REPRODUCTION & BINDING (2 Documents: Data (1) and GOP Plan (2) Comprehensive Plan - Printing & Binding per copy with color maps
Outside Color Color Cover Binder
Copies Copies
QuantitYCost $ 03.7004 $ 04960 $15020 $ 7.020
Total $14.80 $ 41.40 $ 30.00 $14.00
Comprehensive Plan - Printing & Binding per copy with B&W maps (First Draft)
Outside Color Cover Tab Dividers Binder
Copies
QuantitYCost $ 0.04416 $ 15.001 ~ 0.607.1220 $7.010
Total $ 16.64 $ 1500 $7.00 $ 45.84
Land Development Regulations - Printing & Binding per copy with color graphics (Intermediate & Final)
Total Cost Anticipated
per Copy Copies to
$112.80 60
Total Cost Anticipated
per Copy Copies to
Client
25
Outside Color Color Cover Binder Tab Total Cost Anticipated
Copies Copies Divider per Copy Copies to
8.5 x 11 85 x 11 11 x 11 Client
Qu titYcost 0.0424° $0;50 $15010 $7,010 $.650
Total $ 9.60 $ 4050 $15.00 $ 7.00 $3.00 $ 75.10 60
Land Development Regulations - Printing & Binding per copy with B&W graphics (Draft)
Outside Color Cover Tab Dividers Binder
Copies
QuantityCost $ 0.04285 $15.010 $ 0.650 $7.010
Total $11.40 $15.00 $ 300 $ 7.00
Vision Process Document- Printing & Binding per copy
Outside Tab Dividers Color Cover
Copies
Quant,,Cost $ 01024 0950 $15010
Total $ 0.48 $ 4.50 $1500
Binder
$ 7.010
$ 7.00
Total Cost Anticipated
per Copy Copies to
Client
$ 34.40 25
Total Cost Anticipated
per Copy Copies to
Client
$ 26.98 30
$ 6,768.00
$ 1,146.00
$ 4,506.00
$ 860.00
$ 809.40
Ivey, Harris, & Walls, Inc. page 13 of 15
MAP PRINTING AND PLOTTING
Vellum
30x42
Quantity 150I
Cost $11.50]
Total $1,725.00]
Blueline
30x42
200
$ 0.90
$ 8O.0O
$1,905.00
COMMUNICATION EXPENSES
18 months
30 letters
15 packages
Telephone
Overnight Fedex
Overnight Fedex
$ 900.00
$ 270.00
$ 221.25
$1,391.25
MISCELLANEOUS EXPENSES
2 compact disks to Client
2000 In-house copies
$ 250.00
$ 200.00
$ 450.00
TOTAL EXPENSES
$ 28,609.28
Ivey, Harris, & Walls, Inc. page 14 ofl~
EXHIBIT III - STANDARD HOURLY RATES
PRINCIPAL ....................................................................................................................................... 120.00
SR. ENGINEER ................................................................................................................................... 95,00
ENGINEER V ...................................................................................................................................... 85.00
ENGINEER IV ..................................................................................................................................... 75.00
ENGINEER III ..................................................................................................................................... 65.00
ENG1NEER II ...................................................................................................................................... 55.00
ENGINEER I ....................................................................................................................................... 50.00
ENGINEER ASST ............................................................................................................................... 35.00
CONSTRUCTION MANAGER .......................................................................................................... 60.00
PLANNING MANAGER .................................................................................................................... 90.00
SR. PLANNER .................................................................................................................................... 80.00
PLANNER IV ...................................................................................................................................... 75.00
PLANNER III ...................................................................................................................................... 65.00
PLANNER II ........................................................................................................................................ 55.00
PLANNER I ......................................................................................................................................... 45.00
PLANNER ASST ................................................................................................................................ 35.00
LANDSCAPE ARCHITECT MANAGER ......................................................................................... 80.00
SR. LANDSCAPE ARCHITECT ........................................................................................................ 70.00
LANDSCAPE ARCHITECT IV .......................................................................................................... 65.00
LANDSCAPE ARCHITECT III .......................................................................................................... 55.00
LANDSCAPE ARCHITECT II ........................................................................................................... 45.00
LANDSCAPE ARCHITECT I ............................................................................................................ 35.00
LANDSCAPE ARCHITECT ASST .................................................................................................... 32.50
SENIOR ENVIRONMENTAL SCIENTIST ....................................................................................... 90.00
ENVIRONMENTAL SCIENTIST III .................................................................................................. 60.00
ENVIRONMENTAL SCIENTIST II ................................................................................................... 45.00
ENVIRONMENTAL SCIENTIST I .................................................................................................... 40.00
ENVIRONMENTAL CAD TECH II ................................................................................................... 50.00
ENVIRONMENTAL ASST ................................................................................................................ 35.00
SR. CAD TECHNICIAN ..................................................................................................................... 70.00
CAD TECHNICIAN IV ....................................................................................................................... 60.00
CAD TECHNICIAN III ....................................................................................................................... 55.00
CAD TECHNICIAN II ........................................................................................................................ 50.00
CAD TECHNICIAN I .......................................................................................................................... 45.00
CLERICAL II ....................................................................................................................................... 48.00
CLERICAL I ........................................................................................................................................ 37.50
WORD PROCESSOR ......................................................................................................................... 37.50
Ivey, Harris, & Walls, Inc, page 15 of 15
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council ~n~
Eric M. Soroka, City
April 10, 1997
Proposed Code of Ethics Ordinance
Ist Reading April 15, 1997 City Council Meeting Agenda Item
2nd Reading May 6, 1997 City Council Meeting Agenda Item
RECOMMENDATION
A subcommittee, consisting of Vice-Mayor Arthur Berger, Councilmember Jay Beskin,
City Attorney and City Manager, met to discuss a proposed Code of Ethics Ordinance
for the City. The attached Ordinance is the result of the efforts of the subcommittee. It
is recommended that the City Council adopt the attached Ordinance establishing a
Code of Ethics for the City.
BACKGROUND
Based on concerns expressed by members of the City Council regarding potential
conflict of interest issues and to protect the integrity of government, a subcommittee
was appointed. Many of the ethics issues are already addressed in the State of Florida
Code of Ethics for public officers and employees, State Statute 112 and the Dade
County Conflict of Interest and Code of Ethics Ordinance, Section 2-11 Dade County
Code. The proposed Ordinance adopts and incorporates these laws and regulations.
Therefore, a majority of the discussions centered around issues not covered by existing
laws. The main issue not included was possible conflict of interest issues regarding
Advisory Board members.
The proposed Ordinance establishes the following provisions relating to Advisory Board
members:
(1) No member of any City Advisory Board shall vote on or participate in any way in any
matter presented to the Board if said person is an officer, board member, or director
of an organization which would be or might be indirectly or directly affected by any
action of the Board or, if in any instance, the matter would affect the member in a
manner distinct from the manner in which it would affect the public generally.
(2) Any Board member who has any of the above relationships or who would or might,
directly or indirectly, profit or be enhanced by the action of the Board shall absent
himself or herself from the Board meeting during the discussion of the subject item
and shall not vote on or participate in any way in said matter.
(3) Whenever any Board member is in doubt as to the interpretation or application of
this section to his/her particular situation, the Board member may submit to the City
Attorney a written request for an opinion. The City Attorney shall review the facts of
the particular matter and shall provide an opinion to the Board member.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC027697
ROYJ. BARQUET
STEPHEN S. BODDEN
NINA L. BONISKE
DANIEl h. COUITOFF
I. ROBERT ELIAS
EDWARD G. GUEDES
STEPHEN J, HELFMAN
J~Ll A. JARKESYe
SUSAN LEVINE
gILBERTO PASTORIZA
ELLEN N. SAUL#
GAll D. SeROTA#
JOSEPH B. SEROTA
RICHARD JAY WEISS
DAVID M. WOLPIN
STEVEN W. ZELKOWITZ
WF SS S oxx & H FMXN, P.A.
ATTORNEYS AT LAW
2665 SOUTH bAYSHORe DRIVE
SUITE 420
MIAMi~ FLORIDA 33133
TELEPHONE (305) 854-0800
TELECOPIER (305) 854 ~323
April 8, 1997
B ROWARD OFFICE
B88 EAST LAS OLAB BOULEVARD
SUITE 710
FORT LAUDERDAle~ FLORIDA 3330~
TELEPHONE (954) 763-1 ~89
~=ALM BEACH OFFICE
187~ SOUTHWEST 17TH STREET
BOCA RATON, FLORIDA 33486
TELEPHONE (56I) 392-876~
tELECOPIER (561) 39~-7551
Teresa M. Smith, CMC
City of Aventura
2999 N.E. 191st Street
Suite 500
Aventura, FL 33180
Re: Code of Ethics Ordinance
Dear Teresa:
Enclosed please find a copy of the captioned draft ordinance
for placement on the next Council Agenda.
Please give me a call if you have any questions regarding this
matter.
Sincerely,
Nina L. Boniske
NLB/dg/328.001
cc: Mr. Eric Soroka
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTUP~A, FLORIDA;
ESTABLISHING A CODE OF ETHICS; PROVIDING A
PENALTY; PROVIDING FOR SEVERABILITY, INCLUSION
IN THE CODE, AND AN EFFECTIVE DATE.
WHEREAS, the State of Florida and Metropolitan Dade County
have recognized the need to establish standards of ethical conduct
for their public officers and employees by adopting a "Code of
Ethics" applicable to the public officers and employees of the
State, the County and municipalities, including the City of
Aventura; and
WHEREAS, the City Council finds it in the public interest to
establish standards of ethical conduct for its public officers and
employees by adopting.a City "Code of Ethics" in order to protect
the integrity of every level of government and to insure that
government will be respected and trusted by the people.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTUR3~, FLORIDA, AS FOLLOWS:
Section 1.
Leqislative Intent.
(1) It is essential to the proper conduct and operation
of government that public officials be independent and
impartial and that public office not be used for private gain
other than the remuneration provided by law. The public
interest, therefor, requires that the law protect against any
conflict of interest and establish standards for the conduct
of elected officials and government employees in situations
where conflicts may exist.
(2) It is the policy of the City of Aventura that no
officer or employee of the City, shall have any interest,
financial or otherwise, direct or indirect; engage in any
business transaction or professional activity; or incur any
obligation of any nature which is in substantial conflict with
the proper discharge of his or her duties in the public
interest. To implement this policy and strengthen the faith
and confidence of the City's residents in their government,
the City of Aventura will enact a Code of Ethics setting forth
standards of conduct required of the City's public officers
and employees, in the performance of their official duties.
It is the intent of the City that this code shall serve as a
guide for the official conduct of the public officers and
employees of the City.
Section 2.
Code of Ethics.
The conduct of the public officers and employees of the City
of Aventura shall be governed by the Code of Ethics of the City of
Aventura which shall include:
(1) The State of Florida "Code of Ethics for Public
Officers and Employees", codified in Chapter 112, Florida
Statutes, as may be amended from time to time, and
(2) The "Dade County Conflict of Interest And Code of
Ethics Ordinance", codified at Section 2-11 et. seq., Dade
County Code, as may be amended from time to time, and
(3) Any provisions that the City Council may adopt from
time to time in addition to those set forth in subsections (1)
and (2) above.
Section 3. Board Member.
(1) No member of any City Advisory Board shall vote on
or participate in any way in any matter presented to the
Board if said person is an officer, board member, or director
of an organization which would be or might be indirectly or
directly affected by any action of the Board or, if in any
instance, the matter would affect the member in a manner
distinct from the manner in which it would affect the public
generally.
(2) Any Board Member who has any of the above
relationships or who would or might, directly or indirectly,
profit or be enhanced by the action of the Board shall absent
himself or herself from the Board meeting during the
discussion of the subject item and shall not vote on or
participate in any way in said matter.
(3) Whenever any Board member is in doubt as to the
interpretation or application of this section to his~her
particular situation, the Board member may submit to the City
Attorney a written request for an opinion. The City Attorney
shall review the facts of the particular matter and shall
provide an opinion to the Board Member.
(4) For purposes of this Section, the term "Advisory
Board" shall refer to the members of those City Advisory
Board's whose primary responsibility is to provide
recommendations or advice to the City Council.
Section
Penalty. In addition to any penalties that may
be prescribed by the State of Florida or Metropolitan Dade County
in their Codes of Ethics, a violation of any provision of this Code
shall additionally be punishable by a fine not to exceed $500.00.
Section 5.
Severabilit¥. The provisions of this Ordinance
are declared to be severable and if any section, sentence, clause
or phrase of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the
validity of the remaining sections, sentences, clauses, and phrases
of this Ordinance but they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding
the invalidity of any part.
Section 6.
Effective Date. This Ordinance shall be
effective immediately upon adoption on second reading.
The foregoing ordinance was offered by Councilmember
who moved its adoption on first reading. The motion was seconded
by Councilmember
and upon being put to a vote, the vote
was as follows:
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow __
Councilmember Patricia Rogers-Libert __
Mayor Arthur I. Snyder __
The foregoing Ordinance was offered by Councilmember
, who moved its adoption on
seconded by Concilmember
vote, the vote was as follows:
second reading. The motion was
, and upon being put to a
Councilmember Arthur Berger
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this __
1997.
PASSED AND ADOPTED on second reading this __
, 1997.
day of
day of
ARTHUR I. SNYDER, MAYOR
ATTEST
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
328001 ~Ordinance\Ethics
4
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Eric M. Soroka, City~
April 11, 1997
Ordinance Amending 1996/97 Budget to Recognize Additional
Revenues and Appropriations
Ist Reading April 15, 1997 City Council Meeting Agenda Item
2"d Reading May 6, 1997 City Council Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Council adopt the attached Ordinance amending the
1996/97 Budget to recognize $995,000 in additional revenue sources and allocate
same to specific budget line items to fund increases in service for the Police and
Community Development Departments.
BACKGROUND
Since the time the 1996/97 Budget was adopted, better information is now available
regarding projecting amounts for several revenue sources. The following is a summary
of increases in revenue sources not originally anticipated in the budget:
1. City occupational licenses were originally budgeted at $250,000. Due to a better
than anticipated collections compared to the Dade County process, it is estimated
that actual revenues will be $385,000. This is an increase of $135,000.
2. At the time the building permit revenues estimates were prepared, very little
information was available to the City regarding construction activity. Therefore, only
$100,000 was budgeted. However, based on collections made and permits issued
since November 1, 1996, it is projected that building permit revenues will be
$880,000 by the end of the fiscal year.
The increase in building permit activity also has a corresponding affect on inspection
services expenditures based on service provided by the City's private contractor.
Therefore, an expenditure amendment increase is also included in the amendment and
discussed later on in this memorandum.
The total general fund revenue increase is $915,000.
3. Police impact fees included in the Police Capital Outlay Impact Fee Fund was
originally budgeted at $50,000. It is now anticipated that actual revenues by the end
of the fiscal year will reach $130,000. This is an increase of $80,000.
It is recommended that the additional revenue be allocated to the following expenditure
line items:
General Fund
Community Development Department Professional Services: Increase line item by
$60,000 to fund planning consultant costs associated with the preparation of the
Comprehensive Plan for the remainder of the fiscal year.
Community Development Department Building Inspection Services: Increase
funding by $540,000 based on collections during the first five months of the fiscal
year and a projected $60,000 per month for the remainder of the year.
Police Department Personal Services: Add five (5) new police officer positions at a
cost of $97,086 for the remainder of the fiscal year. The additional positions serve
two purposes. One, it will allow the Department to expedite and expand community
policing efforts (i.e., bike patrols and business crime watch programs). Two, due to
the length of time it normally takes to recruit new officers, this will allow the
Department to get a head start on hiring efforts for the upcoming fiscal year.
Capital Reserve - Capital Outlay: Place remaining amount of $217,914 in the
Capital Reserve account. This will establish a reserve account of $2,494,349
including the previous amount budgeted.
Police Capital Outlay Impact Fee Fund:
1. Police Department Capital Outlay: Increase funding by $80,000 to recognize
additional revenue and fund capital equipment requirements for the Department.
At this point, it is anticipated that only two more budget amendments will be required
until the end of the fiscal year. A budget amendment to fund Citywide Information
Management System software and hardware requirements will be addressed in May
1997. A final budget cleanup amendment is normally submitted in September 1997 or
at the end of the fiscal year.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CCO275-97
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO.
96-18, WHICH ORDINANCE ADOPTED A BUDGET FOR
THE 1996/97 FISCAL YEAR BY REVISING THE 1996/97
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
ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, upon the periodic review and analysis of current budgetary
commitments and obligations, and based upon the projected needs and requirements
of the City and upon the recommendations of the City Manager (and the concurrence of
the Finance Support Services Director as to Accounting Principles), it is deemed
necessary to adjust, amend and implement the 1996/97 Operating and Capital Budget
as set forth in Exhibit "A" attached hereto and made a part hereof.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. The recitals contained in the preamble to this Ordinance are
incorporated by reference herein.
Section 2. The City Council hereby authorizes the amendment of Ordinance
No. 96-18, which Ordinance adopted a budget for the 1996/97 fiscal year, by revising
the 1996/97 budget as set forth on the attached Exhibit "A", which exhibit is deemed
incorporated by reference as though set forth in full herein.
Ordinance No.
Page 2
Section 3. The City Manager is hereby authorized to do all things necessary
to carry out the aims of this Ordinance.
Section 4. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by
moved its adoption on first reading, This motion was seconded by
, 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
, who
moved its adoption on second reading. This motion was seconded by
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 15th day of April, 1997.
2
Ordinance No.
Page 3
PASSED AND ADOPTED on second reading this 6th day of May, 1997.
ARTHURI. SNYDER, MAYOR
ATTEST:
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
3
EXHIBIT"A"
EXPENDITURES
Budget Amendment
General Fund
COMMUNITY DEVELOPMENT DEPARTMENT
1996197
BUDGETARY ACCOUNT SUMMARY
01-40-624
EXPENDITURES
3-30-3190
3-30-3300
CONTRACTUAL SERVICES
Prof, Services 15,000 60,000 75,000
Building Inspections Services t 00,000 540,000 640,000
PUBLIC SAFETY
1996~97
BUDGETARY ACCOUNT SUMMARY
01-20-521
EXPENDITURES
P~RSO~
1-10-1200 Em ployee Salaries 1,041,020 67,708 1,108,728
1-10-2100 FICA 79,638 5,180 84,818
1-10-2200 Pension 124,922 8,125 133,047
1-10-2300 Health, Life & Disabili~ 152,072 9,749 161,821
1-10-2400 Worke(s Compensation 85,639 6,324 91,963
Position - Revisions
Number Description
Action
Police Department
2057 - 2061 Police Officers add
Capital Outlay
Non-Deparbttental - 590
6-60-6999 Capital Reserve 2,276,435
Total Amendmenta-Expenditures
217,914
2,494,349
Page I
EXHIBIT "a"
REVENUES
Licenses & Permits 2-9
321100 City Occupational Licenses
322100 Building Pen. its
329100 Engineering Permits
SUBTOTAL
Total Amendments-Revenues
250,000 135,000 385,000
100,000 780,000 880,000
5,000 0 5,000
1996197
REVENUE PROJECTIONS
6-9-363200 Police Impact Fees 50,000 80,000 130,000
6-9-361100 Interest Earnings 0 0 0
EXPENDITURES
6-60-6205
Public Safct~ - 521
Equipment 50,000 80,000 130,000
Page 2
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Eric M. Soroka, C~/~l~//~er
April 11, 1997
Ordinance Declaring it Unlawful to Commit Misdemeanors Within
the City
Reading April 15, 1997 City Council Meeting Agenda Item 7-D,,
Reading May 6, 1997 City Council Meeting Agenda Item ,
RECOMMENDATION
The State Attorney's office has requested that the City adopt an Ordinance declaring it
unlawful to commit misdemeanors within the City. This will allow our Police Department
to file misdemeanor cases with the State Attorney's office. It is recommended that the
City Council adopt the attached Ordinance which is procedural in nature to facilitate the
request of the State Attorney's office.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0279-97
ORDINANCE NO. ~
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
DECLARING IT UNLAWFUL TO COMMIT ANY ACT THAT IS
RECOGNIZED BY THE LAWS OF THE STATE OF FLORIDA
AS A MISDEMEANOR WITHIN THE CORPORATE LIMITS
OF THE CITY; PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. It shall be unlawful for any person to commit, within the corporate limits of
the City, any act which is or shall be recognized by the laws of the State of Florida as a
misdemeanor, and the commission of such acts is hereby forbidden.
Section 2. Severabilit¥. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 3. Inclusion in the Code. It is the intention of the City Council, and it is
hereby ordained that the provisions of this Ordinance shall become and made a part of the
Code of Aventura, Florida; that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to
"Section" or other appropriate word.
Section 4. Effective Date. This Ordinance shall be effective upon adoption on
second reading.
Ord. No. 97-
Page 2
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 Councilmember ,
who moved its adoption on second reading. This motion was seconded by
Councilmember , and upon being put to a vote, the vote was as
follows:
Councilmember 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 15th day of April, 1997.
PASSED AND ADOPTED on second reading this 6th day of May, 1997.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC, CITY CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
CITY ATFORNEY
EMS/tins
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council ~
Eric M. Soroka, C~_~
March 21, 1997 c''~ ~',
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 cj-/~c-
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; PROVIDING
FOR PENALTY; PROVIDING FOR 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
Ordinance No. 97-
Page 2
shall be necessary for the City, under the authority of its City Council, its Charter or Code,
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
2
Ordinance No. 97-
Page 3
Code of the City of Aventura; that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to
"Section" or other appropriate word.
Section 7. Penalty. Pursuant to Section 165.043, Fla. Stat., a violation of this
Ordinance constitutes a second degree misdemeanor, punishable as provided in Section
775.082 or Section 775.083, Fla. Stat.
Section 8. Effective Date. This Ordinance shall be effective upon adoption on
second reading.
The foregoing Ordinance was offered by Councilmember Rogers-Libert, who
moved its adoption on first reading. This motion was seconded by Mayor Snyder, and
upon being put to a vote, the vote was as follows:
Councilmember Jay R. Beskin absent
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey M. Perlow yes
Councilmember Patricia Rogers-Libert yes
Vice Mayor Arthur Berger yes
Mayor Arthur I. Snyder yes
The foregoing Ordinance was offered by Councilmember
who moved its adoption on second reading. This motion was seconded by
Councilmember
, and upon being put to a vote, the vote was
as follows:
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Ordinance No. 97-
Page 4
Councilmember Harry Holzberg
Councilmember Jeffrey M. Pedow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this l~t day of April, 1997.
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 A'I-I'ORN EY
/tms
Ch. 165 FORMATION OF LOCAL GOVERNMENTS F.S. 1! "~r
lion 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-
posai pursuant to this chapter.
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 speciat 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 10 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 reiect 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 municipality may, by ordi.
nance, designate an official county or municipal Seal
The manufacture, use, display, or other employment of
any facsimiJe or reproduction of the county or municipal
seal except by county or municipal officiaJs 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 $.
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 mumcipality or, if the municipal
governing body does not act within 30 days, the govern
ing 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 spa
ciat 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 gan
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
lion 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 Cs
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,
and 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
lion with the department; and
1284
CITY OF AVENTURA
OFFICEOFTHECITYMANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council~
Eric M. Soroka, __
March 27, 1997
Ordinance Adopting Poi~b"on of Sign Code Relating to Commercial
Advertising Signs, Class "C' Signs (Billboards)
Ist Reading April 1, 1997 City Council Meeting Agenda Item r~-i3
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 commemial 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
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 Re.qulations. 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) Si,qn. 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 Advertising Signs.
(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) A Commercial Advertising 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. Le,qally Non.conforming Commercial Advertisin,q SiRns, Repair,
Maintenance, etc.
(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:
(1) A legally non-conforming Commercial Advertising Sign shall be subject to
Ordinance No. 97-
Page 7
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 Advertising 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
becomes a hazard or danger.
Ordinance No. 97-
Page 8
(3) Abandoned and damaged Commercial 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 Advertising 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. Any such Commercial Advertising
Sign which has been erected, or is being maintained in violation of the provisions of this
ordinance, shall be removed by the Commercial Advertising 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
Development Department of City or in accordance with the Code Enforcement procedures
Ordinance No. 97-
Page 9
of C~ty.
(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
County jail not to exceed sixty (60) days or both such fine and imprisonment. Each day that
Ordinance No. 97-
Page 10
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 AdvertisinR Si,qn 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. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Councilmember Rogers-Libert, who moved
its adoption on first reading. This motion was seconded by Mayor Snyder, and upon being
put to a vote, the vote was as follows:
Ordinance No. 97-
Page 11
Councilmember Jay R. Beskin absent
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey M. Perlow yes
Councilmember Patricia Rogers-Libert absent
Vice Mayor Arthur Berger yes
Mayor Arthur I. Snyder yes
The foregoing Ordinance was offered by
, who moved its
adoption on second reading. This motion was seconded by
and upon being put to a vote, the vote was as follows:
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmembar Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 1 ~ 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 ATTORNEY
Ordinance No. 97-
Page 12
EXHIBIT "A" TO ORDINANCE NO. 97-
FORM FOR REGISTRATION OF
NONCONFORMING COMMERCIAL ADVERTISING SIGN
Pursuant to Section 1.04(a)(4) of Ordinance No. 97-
City of Aventura, Florida
A. Description of Sign:
B. Location of Sign:
C. Owner of Sign:
D. Owner of Property On Which Sign Is Located:
E. Date of Installation of Sign:
~:. Permit Data:
hereby certify that the above information is true and correct.
Signature
Date of registration with City Community Development Depadment:
Approved by City of Aventura this day of ,1997.
WEISS SEI{OTA ~ HELFMAN, P.A.
ATTORNEYS AT LAW
2665 SOUTH BAYSHORE DRIVE
SUITE 420
~41AMI~ FLORIDA 3313.3
ROYJ. BARQUET
STEPHEN S BODDeN
NINA I. BONISKE
DANIEL H. COULTOFf
L. ROBERt ELIAS
eDWArD G. GUEDES
STEPHEN J. HELFMAN
Mr. Eric M. Soroka
City Manager
City of Aventura
2999 N.E. 191 Street, Suite 500
Aventura, Florida 33180
TELEPHONE (305) 854-0800
TeLecoPter (305) 854-g:3E~3
March 20, 1997
B ROWARD OFFICE
888 EAST LAS OLAS BOULEVARD
SUITE 710
FORT LAUDERDALE~ FLORIDA 33301
TELEPHONE (954) 763-1
pALM BEACH OFFICE
187~ SOUTHWEST 17TM STReEt
BOCA RATON, FLORIDA 33486
*Of COUNSEL
Re: Ordinance Regulating Conunercial 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.
Very truly yours,
David M. Wolpin
DMW/mj c
328001
CC:
Mayor, City Council Members
Teresa M. Smith, CMC, City Clerk
Richard Jay Weiss, Esquire
WEISS SEROTA ~ HELFMAN, P.A.
~5
OUTDOOR ADVERTISING
Ch. 479
479.111 Specified signs allowed within controlled
por.;ons 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.
~£) 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.
wa,/ system without first payin.q iust compensation for
~such removal..A I~'cal governmental ent ty m'~y not-
cause ~n any way the alteration of any lawfully erected
sign located along any portion of the interstate or feder-
al-aid primary highway system without payment of just
compensation if such alteration constitutes a taking
under state law. The municipality, county, local zoning
authority, or other local government entity promulgating
requirements for such alteration must be responsible for
payment of just compensation to the sign owner if such
alteration constitutes a taking under state taw. 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 tocated 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.
Hiater~,--s. 13, ch. 20446, 1941; s. 5, ch. 67-461; ss. 23, 35. ch. 69-106; s 1. ch
74-273: s 3, ch ?~-16~; s. 1, ch. 77-457; ss. 2. 3. ch 81-318; ss. 15, 25, 26. ch
84-227; s. 4. ch. 91-429; s. 41, ch. ~-237
479.12 Outdoor advertising on highways.--Any
person who willfully or maliciously displaces, removes,
destroys or injures a mileboard, milestone, danger sign,
signal, guide sign, guidepost, highway sign, or historical
marker or any inscription thereon, lawfully within or adja-
cent to a highway, or who in any manner paints, prints,
: . places, puts or affixes any advertisement upon otto 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.
Histof~,--s. 10, ch. 2044~, 1941; s. 429. ch. 71-138; s. 3. ch. 7~-168; $, 1, ch,
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 shall 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) ~county, local zoning authority, or
other local governmental entity~ not remove, or
._cause to be r. emo. yed, any lawfully erect~-d Ri~n nlnn~
. ,any pOrtiOn of the inte,r~tate or federal-aid primary high-
479.155 Local outdoor advertising or sign ordi-
nanceso--The provisions of this chapter shall not be
deemed to supersede the rights and powers of counties
and municipalities to enact outdoor advertising or sign
ordinances.
Htst~.--s. 4, ch. 78-138; s. 2. ch. 81-318: ss. 16. 25, 2~ ch. 84-227; $ 4~ ch
479.16 Signs for which permits ara not raquirad._
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-
ment, 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, used, 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
CITY OF AVENTURA
OFFICE OF THE CITY COUNCIL
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Eric M. Soroka, City Manager
Jay R. Beskin, Councilmember
April 10, 1997
Regulation of Live-Aboard Boats
April 15, 1997 City Council Agenda Item No.
Please place on the next agenda under Other Business consideration of a request that
the City Attorney invesbgate the C'ty's ability to regulate live-aboard boats.
JRB/tms
CITY OF AVENTURA
OFFICE OF THE CITY COUNCIL
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Eric M. Soroka, City Manager
Harry Holzberg, Councilmember
April 10, 1997
Regulation of Convemion of Property to Timeshare
April 15, 1997 City Council Agenda Item No. //-/.~/0
Please place on the next agenda under Other Business consideration of a request that
the City Attorney investigate the City's ability to regulate the conversion of property to
timeshare.
HH/tms
PUBLISHED DALLY
MIAMI-DADE-FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
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
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).
~~me this
DAY OF ,1997
My Commission
Expires: October 17, 1997
'oOne Herald Plaza, Miami, Florida 33132-1693 (305) 350-2I 11
my .C.orps ol lzng!neers and
e mmmg and envtronmental
decide if the mine is feasible.
;" Kasbohm said, "The Okefe-
~wl sitting up on a hill, tipped
~est. The swamp is 122 feet
.vel,., Trail Ridge is 145 feet
~el. He POinted out that the
~ would reach well int° the
er table.
nger wetlands reach from the
he private property where the
cl take place, Du Pont needs
~n of the U.S. Army COrps of
Savannah before proceeding.
yet to forn~ally request such a
beneath Trail Ridge, besides
is still a mystery.
o~k~rei high;'' Kasbolun said.
's totally dependent on
ater. If yoU change the hydrOl-
~ge the swamp. About 80 per-.
amp's Wa~r comes froTM raj
est from ~urface and ground
he northwest and from Trail
au dig up Trail Ridge to a
bet, and you chew it all uP
and spit tt out age n, you are
soil. And if you change the
changing the rote at which
:brough the ridge. Impacts to
the hardest to predict, and
ardest to rectify afterward if
~uld go wron$.
to se~ no Impacts to the
er, the biologist said.
man, Bernice Cheer Rod-
,se family ~tled in the Ok~-
148 and Who was a~k~xl to
intgrio.r ~_~ta~ They
e simpty: 0t-I~er 10ye tot the
, get to Billy's Island by
Rodd~'said; "It wa~ a
this mine's ~oing to m~s~ up
anything hke that, I d0n't
[ bit in tl~ world."
~ty ~A1-q, We.ll By
! ON'
~fed Chairs · Raw Chairs ,
Lighting F~xlures ,
41nlllll/J~ ~N(] FleSMY~ - [a~ Ohan~l
in Daac. 7.8 percent of the · An ~l~portun,ty to give back
babies born am bom to teens, through community service.
CITY OF AVENTURA
PUBLIC NOTICE
NOTICE OF ADOPTION OF A PORTION OFTHE SIGN
CODE REGULATING COMMERCIAL ADVERTISING
SIGNS INCLUDING BILLBOARDS
The City of Aventura proposes to adopt the following
Ordinance:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, ADOPTING A PORTION OF THE SIGI~
CODE OF THE CITY OF AVENTURA, FLORIDA,
PROVIDING FOR THE REGULATION OP
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.
A Public Hearing on tho Ordinance for final adoption will
be held on Tuesday, Apd115, 1997, at 7 p.m. at the Columbia
Aventura Medical Center, located at 21110 Bia~ayne
Boulevard, Suite 101, Aventura, Florida. The proposed
Ordinance may be inspected by the public at the Off~ce of the
City Clerk, 2999 N.E. 191St Street, Suite 500, Aventura,
Florida; 'lnterested~partles may appear at the Public Headng
arK:l.be heard with respect to the proposed Ordinanc.e.. Any
person Wishing to addresS the City Council on any item at
this Publio Hearing is asked to register With the City Clerk
prior to that item being heard.
Jl in~ac~ordance with the Americans with Disabilities
of
990. All persons who are. disable~d and who need special
accommodations to particiPate in th~S proceeding because of
that disability should contact the Office Of the City Clerk, 466-
8901, not later than two business days prior to such
proceedings.
Ifa person decides to appeal any decision made by the
espect to any matter considered at a
or hearing, that person will need a record of the
purpose, maY need to ensure that
of the proceedings is made, which record
~ the testimony and evidence upon which the appeal
is to be based.
Dated this 4th day of April, 1997. Teresa M. Smith,
CMC, City Clerk
MIAMI DALLY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dede County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octalma V. Farbayre, who on oath says that she Is the
Supervisor, Legal Notices of the Miami Daily Business
Review f/k/a Miami R®vlew, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami In Dede
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA
PUBLIC NOTICE OF PROPOSED
ORDINANCE - 4/15/97
in the ....................... .~ K.K.~ ~,(~ ...................................... Court,
was published In said newspaper in the Issues of
Apr 3, 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 Dada County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matrer at the post
office in Miami in said Dada County, Florida, for a period of
one year next preceding the first publication of the attached
copy of ,advertisement; and affiant further says that she has
neither paid nor promised any Ira or corporation
any disco t, rebate, commi d for the purpose
nOfewSea~S~eng this edva"~:m'~~atlon In the said
3///April /~ 97
(SEAL) /! .,~Y PI, OFFI~IALNOTAR¥SEAIL
(~-~5~' '"~',~ JANETT LLERENA
Octelma v. FS~e~I~p~IN33~ ~ow~c~.mol~ NUMSER
1%?;.,.. ,,,y
Cri'Y OF AYEN'rU~A
~ 'PUBLIC NOTICE OF PROPOSED
ORDINANCE
NOTICE IS HEREBY GIVEN that on Tuesday, the !5th day of APril,
1997, at ameeting of the City Council of the City of Aventura, to be
hstd at 7:00 p.m. in the Council Meeting Room at the Cotumb[a Aven-
tura Hospital and Medical Center, 21110 Biscayne Boulevard Suite
101, Aventura, Florida, the City Council will consider the adopt!on of
the following Ordinance on seeond reading, entitled:
AN ORDINANCE OF THE CITY OF AVENTURA; FLORIDA
ADOPTING TNE OFFICIAL SEAL OF TIlE CITY; PROVlDtNG
FOR SEVERABILITY; PROVIDING FOR PENALTY PROVIDING
FOR INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
The proposed Ordinance may be inspected I~y the public at the Of-
fica Of the City Clerk, 2999 N.E, 191st Street, Suite 500, Aventura
Florida. Interested parties may appear at the Pubic Hearing ~ be
heard with respect tp the proposed Ordinance. Any parson wishing to
address the City Council on any item at this Public Hearing is asked to
register with ttm City Clerk pitor to that item being heard.
In accordance with the Americans with Disabilities Act of 1990, all
parsons who are disabled and who need special accommodations to
participate in this procaeding because of that disability should contact
the Office of the City Clerk, 466-8901, not later then two business days
prior to such proceedings.
If a person decides to appeal any dedialen made by the City Council
with respect t'o any matter co. sidereal, at a me~i~9-o~ hearing, that
person will need a record of the proceedings and, for such purpose~
may need to ensure that a verbatim record of the proceedings is
made, which record includes the testimony and evidence upon which
the appaaJ is to b9 based.
Dated this 3rd day Of April, 1997.
Teresa Sm[th, CMC
City Clerk
4/3 g7-4-040396M