01-21-1997 CC Meeting AgendaCITY OF AVENTURA
The City of Excellence
City Council
Arthur I. Snyder, Mayor
Arthur Berger
Jay R. Beskin
Ken Cohen
Harry Holzberg
Jeffrey M. Perlow
Patricia Rogers-Libert
COUNCIL MEETING
JANUARY 21, 1997 - 7 P.M.
AGENDA
COLUMBIA AVENTURA MEDICAL ARTS BUILDING
21110 BISCAYNE BOULEVARD SUITE 101
AVENTURA, FLORIDA
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF MINUTES:
4. AGENDA:
5. SPECIAL PRESENTATIONS:
6. CONSENT AGENDA:
A.
MOTION TO APPROVE MINUTES OF:
COUNCIL WORKSHOP JANUARY 6, 1997
COUNCIL MEETING JANUARY 7, 1997
REQUEST FOR DELETIONS/EMERGENCY
ADDITIONS
NONE
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA; REPEALING SECTION 2-11.1(s) OF THE
METROPOLITAN DADE COUNTY CODE; ENACTING
REGULATIONS GOVERNING LOBBYING ACTIVITIES IN
THE CITY; PROVIDING DEFINITIONS; REQUIRING
JANUARY 21, 1997
REGISTRATION
REGISTRATION
DISCLOSURE
PRESCRIBING
PROVIDING A
OF LOBBYISTS; PROVIDING FOR
FORMS; REQUIRING FILING AND
OF ANNUAL EXPENDITURES;
PENALTIES FOR VIOLATION;
LOBBYIST REGISTRATION FEE;
PROVIDING FOR SEVERABILITY, INCLUSION IN THE
CODE AND AN EFFECTIVE DATE.
(Regulates lobbying activities in the City)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED FIRST
AMENDMENT TO THE AGREEMENT FOR BUILDING
INSPECTION AND PLAN REVIEW PROFESSIONAL
SERVICES WITH C.A.P. ENGINEERING CONSULTANTS,
INC.; AND PROVIDING AN EFFECTIVE DATE.
(Extends Building Inspection and Review Services
Agreement with C.A.P. Engineering Consultants to January
31, 1998)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA ADOPTING A POLICY GOVERNING
THE CONVERSION OF PRIVATE ROADS TO PUBLIC
ROADS IN THE CITY OF AVENTURA; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
(Establishes overall policy to address the conversion of
pdvate roads including 183r~ Street, 35th Avenue, 190t~
Street, 207th Street, and 214th Street to public roads under
the City's jurisdiction)
MOTION TO ADOPT A BUS BENCH ADVERTISING
POLICY AS OUTLINED IN THE CITY MANAGER'S
RECOMMENDATION TO REMOVE BENCHES WITH
ADVERTISING AND REPLACE WITH MORE
ATTRACTIVE BENCHES.
PUBLIC HEARINGS: ORDINANCES - SECOND READING:
A=
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO.
2
JANUARY 21, 1997
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.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
ADOPTING THE SOUTH FLORIDA BUILDING CODE AS
THE BUILDING CODE FOR THE CITY; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
RESOLUTIONS: NONE
OTHER BUSINESS:
MOTION TO APPROVE LANDSCAPE PLAN FOR TOWN
TAVERN OF AVENTURA, INC., AND HOOTERS OF
AVENTURA, INC., AS A CONDITION OF ZONING
APPROVAL FOR HEARING NUMBER 96-6-ACC-2 (95-
541)
DISCUSSION: IMPLEMENTATION
CONVERSION POLICY
OF ROADWAY
DISCUSSION AND POSSIBLE ACTION TO PREPARE A
RESOLUTION URGING THE STATE LEGISLATURE TO
ENACT LEGISLATION PROHIBITING THE USE OF
CELLULAR TELEPHONES WHILE OPERATING A
MOVING MOTOR VEHICLE (Councilmember Cohen)
10. REPORTS:
* MAYOR AND COUNCIL
· CITY MANAGER
· CITY ATTORNEY
3
11. PUBLIC COMMENTS
12. ADJOURNMENT
JANUARY 21, 1997
SCHEDULE OF FUTURE MEETINGS/EVENTS:
TUESDAY, FEBRUARY 4, 1997 7 PM
WEDNESDAY, FEBRUARY 12, 1997 9 AM
TUESDAY, FEBRUARY 18, 1997 7 PM
MONDAY, FEBRUARY 24, 1997 9 AM
COUNCIL MEETING**
COUNCIL WORKSHOP*
COUNCIL MEETING**
COUNCIL WORKSHOP*
*Government Center 2999 NE 191st Street Suite 500 Aventura, Flodda
**Columbia Aventura Medical Arts Building 21110 Biscayne Blvd. Suite 101, Aventura, Flodda
In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special
accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk,
466-8901, not later than two days pdor 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 headng will need a record of the proceedings and, for such purpose, may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the
appeal is to be based.
Agenda items may be viewed at the Office of the City Clerk, City ef Aventura Government Center, 2999 NE 191st
Street, Suite 500, Aventura, Flodda, 33180. Anyone wishing to obtain a copy of any agenda item should contact the
City Clerk at 466-8901.
4
COUNCIL WORKSHOP MEETING
JANUARY 6, 1997 - 9 A.M.
AVENTURA GOVERNMENT CENTER
2999 NE 191sT STREET SUITE 500
AVENTURA, FLORIDA
The meeting was called to order by Mayor Arthur I. Snyder at 9 a.m. Present were
Councilmembers Jay R. Beskin, Ken Cohen, Harry Holzberg, Jeffrey M. Perlow, Patricia
Rogers-Libert, Vice Mayor Arthur Berger (left at 10:30 a.m.), Mayor Arthur I. Snyder,
City Manager Eric M. Soroka, City Attorney Richard Jay Weiss and City Clerk Teresa
M. Smith. The following items were discussed:
Roadway Conversion Studies. Presentation by Pete Gallo of Keith & Schnars,
City Engineers. Reviewed roadway conversion studies for 183~ Street, NE 35th
Avenue, NE 190th Street, NE 207th Street and NE 214t" Street to consider the
transition from private to public roadways. Mayor Snyder appointed a sub-
Committee comprised of Councilmembers Perlow, Cohen and Rogers-Libert to
develop for Council consideration a comprehensive policy for roadway conversions.
2. Country Club Drive Safety Improvement Study. The City Engineer provided a
detailed report outlining the findings of the Pedestrian Circulation Study conducted
for Country Club Drive to improve safety. A priority listing and recommendations to
be reviewed at next Workshop meeting.
3. Conceptual Park Plan. A conceptual plan for Aventura Founders Park was
presented to City Council. The plan includes ballfields, tennis and basketball courts
and an amphitheater area for concerts. The City Manager to obtain a cost analysis
to present to Council.
4. Capital Improvement Program. The City Manager reviewed with Council the
Capital Improvement Program Budget procedures and preparation calendar. A 5-
year plan outlining capital projects and funding recommendations to be presented to
Council in May 1997.
Site Acquisitions. Council discussed two potential sites available for purchase. It
was the consensus of Council that the City Manager further investigate these sites
to be used for government facilities.
6. Buildin.q Inspection Services RFP. The City Manager requested that Council
reconsider their previous motion that an RFP for Building Inspection Services be re-
bid in January 1997. It was the consensus of Council to extend the contract of
C.A.P. Engineering to January 1998. The City Manager directed to reconfirm C.A.P.
Engineering's certification with the County.
Bus Bench Advertising Policy. Council discussed options with regard to the
elimination of the current bus bench advertising. It was their consensus to proceed
with the removal of the bus benches that contain advertising for replacement by the
City with more attractive benches without advertising.
1997 Program & Events. A conceptual plan of cultural and recreation activities
planned through Spring 1997 was presented to City Council. It was the consensus
of Council to proceed as outlined, with the elimination of scheduled financial
seminars.
9. International Sister Cities Program. Consensus of Council to join the Sister Cities
International organization.
10. Other Business/Reports/Council Meetinq Agenda Questions. It was the
consensus of Council to schedule workshop meetings on the 2® and 4th Monday of
each month at 9 a.m. The next workshop was set for January 27th. Due to a
scheduling conflict, Mr. Beskin requested that the first workshop in February be
scheduled for February 12, all to begin at 9 a.m. Other items for discussion included
placing a sign on top of the building at Government Center (consensus not to
proceed); issuance of a Proclamation in honor of "Cigar" at the request of
Gulfstream Park; preparation by staff of a resolution in support of the accreditation
of Columbia Aventura Medical Center for cardiac services; beautification of industrial
area; use of the name Aventura Beach by Sunny Isles Incorporation Committee
(consensus of Council not to take action until after incorporation vote on January
8~); and scheduling of quarterly budget workshops.
There being no further discussion, the meeting adjourned at twelve noon.
Teresa M. Smith, CMC, City Clerk
Approved by Council on
2
MINUTES
CITY COUNCIL MEETING
CITY OF AVENTURA, FLORIDA
TUESDAY, JANUARY 7, 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 called to order by Mayor Arthur
Snyder at 7 p.m. Present were Councilmembers Jay R. Beskin, Ken Cohen, Harry
Holzberg, Jeffrey M. Perlow, Patricia Rogers-Libert, Vice Mayor Arthur Berger,
Mayor Snyder, City Manager Eric M. Soroka, City Clerk Teresa M. Smith, and City
Attorney Richard Jay Weiss. As a quorum was determined to be present, the
meeting commenced.
2. PLEDGE OF ALLEGIANCE: Amy Erez led the pledge of allegiance.
APPROVAL OF MINUTES: Mayor Snyder requested that the minutes of the
December 17, 1996 Council meeting be amended to reflect his absence was due to
illness. Councilmember Perlow requested that item 9 be amended to provide that
the property owners making the dedication be contacted regarding naming the park
Aventura Founders Park. A motion to approve the minutes, as amended, was
offered by Councilmember Rogers-Libert, seconded by Councilmember Holzberg
and unanimously passed.
4. AGENDA: REQUEST FOR DELETIONS/EMERGENCY ADDITIONS:
Councilmember Cohen requested that items 6.A. and 6.B. be removed from the
Consent Agenda.
5. 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. 97-01 was adopted as follows:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, ADJUSTING 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 RESOLUTION; AND PROVIDING AN EFFECTIVE
DATE.
Mr. Weiss read the title to the following ordinances, which were
passed on first reading:
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.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
ADOPTING THE SOUTH FLORIDA BUILDING CODE AS
THE BUILDING CODE FOR THE CITY; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
unanimously
A motion
seconded
adopted.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER ON BEHALF OF THE CITY TO EXECUTE AND
OTHERWISE ENTER INTO THE ATTACHED AGREEMENT
BETWEEN THE CITY OF AVENTURA AND
METROPOLITAN DADE COUNTY TO PROVIDE A
COMMUNITY DRUG & CRIME PREVENTION PROGRAM;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE
DATE.
to approve the resolution was offered by Councilmember Rogers-Libert,
by Vice Mayor Berger, unanimously passed and Resolution No. 97-02 was
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AWARDING AND LETTING A
BID/CONTRACT FOR BID NO. 96-12-23-2, COUNTRY
CLUB DRIVE DRAINAGE IMPROVEMENTS, TO M. VILA
& ASSOCIATES, INC., AT THE BID PRICE OF $41,364;
AUTHORIZING THE CITY MANAGER TO EXECUTE
ASSOCIATED CONTRACTS; AUTHORIZING THE CITY
MANAGER TO TAKE NECESSARY AND EXPEDIENT
ACTION TO CARRY OUT THE AIMS OF THIS
RESOLUTION; PROVIDING FOR THE APPROPRIATION
AND ALLOCATION OF FUNDS FOR SAID BID AWARD;
AND PROVIDING FOR AN EFFECTIVE DATE.
A motion to approve the resolution was offered by Councilmember Beskin,
seconded by Councilmember Holzberg, unanimously passed and Resolution No.
97-03 was adopted.
PUBLIC HEARINGS: ORDINANCES - SECOND READING:
A. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, ESTABLISHING REGULATIONS GOVERNING
THE REMOVAL OF CANINE FECAL MATTER FROM
PUBLIC AND CERTAIN PRIVATE PROPERTY,
REQUIRING CANINES TO BE LEASHED ON PUBLIC
AND CERTAIN PRIVATE PROPERTY, PROVIDING FOR
SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE.
Mayor Snyder opened the public hearing and there being no speakers, the public
hearing was closed. A motion to amend the ordinance to provide that the ordinance
will not be enfomed prior to 8 a.m. and after 9 p.m. was offered by Vice Mayor
Berger. The motion died for lack of a second. A motion to approve the ordinance,
subject to an amendment to section 1.D. to provide that it shall be unlawful to keep
any unleashed canine in or upon any public property in the City, was offered by
Councilmember Beskin, seconded by Councilmember Rogers-Libert, unanimously
passed by roll call vote and Ordinance No. 97-01 was enacted. Council requested
that the City Manager notify residents of this ordinance.
B. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
REPEALING ORDINANCE NO. 96-26; GRANTING TO
BELLSOUTH TELECOMMUNICATIONS, INC. A NON-
EXCLUSIVE FRANCHISE IN THE CITY OF AVENTURA;
AUTHORIZING BELLSOUTH TELECOMMUNICATIONS,
INC. TO USE THE PUBLIC RIGHTS-OF-WAY AND
STREETS OF THE CITY, FOR THE PURPOSE OF
ERECTING, CONSTRUCTING, MAINTAINING AND
OPERATING LINES OF TELEPHONE EQUIPMENT
THEREON AND THEREUNDER; PROVIDING FOR A
FRANCHISE FEE; PROVIDING THE TERMS AND
CONDITIONS OF SUCH GRANT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Mayor Snyder opened the public hearing. Mr. Wilbur T. Holloway and Dorian
Denberg, Esq., representatives of BellSouth Telecommunications, addressed
Council. There being no further speakers, the public hearing was closed.
Councilmember Holzberg requested that the record reflect his desire for a provision
in the ordinance stating that al_JI installation of equipment be underground. A motion
to approve the ordinance was offered by Councilmember Rogers-Libert, seconded by
Councilmember Cohen, unanimously passed by roll call vote and Ordinance No. 97-
02 was enacted. BellSouth agreed to provide, in writing, that where possible,
equipment will be installed underground.
C. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
ESTABLISHING PROHIBITIONS AGAINST EXCESSIVE
NOISE; PROVIDING FOR DEFINITIONS; ESTABLISHING
PROHIBITED ACTS; REQUIRING PERMITS FOR SPECIAL
EVENTS; PROVIDING FOR EXEMPTIONS; PROVIDING
FOR ENFORCEMENT AND PENALTIES FOR VIOLATION;
PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
Mayor Snyder opened the public headng. The following speakers addressed
Council: Jeffrey Bercow, 200 S. Biscayne Boulevard; George Bedin, 1940 NE 194th
Drive; and Stanley Price, Esq., 701 Brickell Avenue. There being no further
speakers, the public hearing was closed. After discussion, a motion to continue
second reading of this ordinance to February 4, 1997 was offered by Councilmember
Cohen, seconded by Councilmember Rogers-Libert and unanimously passed. The
City Manager was directed to place this matter on the agenda for the January 27,
1997 Council Workshop.
8. RESOLUTIONS: NONE
9. OTHER BUSINESS:
DISCUSSION AND POSSIBLE ACTION TO PREPARE A
RESOLUTION URGING THE STATE LEGISLATURE TO
ENACT LEGISLATION PROHIBITING THE USE OF
CELLULAR TELEPHONES WHILE OPERATING A
MOVING MOTOR VEHICLE (Councilmember Cohen)
After discussion, a motion to adopt a resolution urging the State Legislature to
enact legislation prohibiting the use of cellular telephones while operating a moving
motor vehicle was offered by Councilmember Cohen and seconded by
Councilmember Holzberg. The motion died, A motion to defer this matter until the
January 21, 1997 Council meeting, and obtain data from Metropolitan Dade County
relative to their position on this issue, was offered by Vice Mayor Berger, seconded
by Counciimember Beskin and unanimously passed.
10. REPORTS:
11. PUBLIC COMMENTS: Mr. George Berlin addressed Council.
12. ADJOURNMENT. There being no further business to come before Council, after
motion made, seconded and unanimously passed, the meeting adjourned at 8:10
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 headng will need a
record of the preceedings and, for such pu~ose, may need to ensure that a verbatim r~.ord of the proceedings is made, which record incrudes
the testimony and evidence upon which th~ appeal is to be based.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
City Council ~
Eric M. Soroka, City
January 14, 1997
SUBJECT: Ordinance Enacting Regulations Governing Lobbying Activities
in the City
1st Reading January 21, 1997 City Council Meeting Agenda Item
2nd Reading February 4, 1997 City Council Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Council adopt the attached Ordinance that establishes
regulations governing lobbying activities in the City. The Ordinance replaces Section
2-11.1 of the Dade County Code. The regulation of lobbyists will assist in promoting
and maintaining the integrity of the City government.
BACKGROUND
The Dade County Code, which is attached, contains regulations governing lobbying
activities that are cumbersome from an implementation standpoint. The attached
Ordinance was prepared to meet the needs of the City of Aventura. Simply stated, the
Ordinance requires all lobbyists, as defined in the Ordinance, to register with the City
Clerk and disclose annual expenditures.
if you have any questions, please feel free to contact me.
EMS/aca
CC0200-97
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
REPEALING SECTION 2-11.1(s) OF THE METROPOLITAN
DADE COUNTY CODE; ENACTING REGULATIONS
GOVERNING LOBBYING ACTIVITIES IN THE CITY; PROVIDING
DEFINITIONS; REQUIRING REGISTRATION OF LOBBYISTS;
PROVIDING FOR REGISTRATION FORMS; REQUIRING FILING
AND DISCLOSURE OF ANNUAL EXPENDITURES;
PRESCRIBING PENALTIES FOR VIOLATION; PROVIDING A
LOBBYIST REGISTRATION FEE; PROVIDING FOR
SEVERABILITY, INCLUSION IN THE CODE AND AN
EFFECTIVE DATE.
WHEREAS, the City Council desires to require lobbyists to register with the City
and to disclose publicly their lobbying activities within the City; and
WHEREAS, numerous municipalities throughout the State have recently enacted
lobbyist registration and disclosure regulations; and
WHEREAS, the City Council finds that such regulation of lobbyists will assist in
promoting and maintaining the integrity of municipal government; and
WHEREAS, the City Council finds that such regulation of lobbyists will protect
and serve the best interests of the citizens of Aventura;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Definitions. For the purposes of this Ordinance, the following terms,
phrases, words, and their derivations shall have the meaning given herein. When not
inconsistent with the context, words used in the present tense shall include future
tense, words in the plural number shall include the singular number and words in the
singular number shall include the plural number. The word "shall" is always mandatory
and not merely directory.
Ordinance No. 97-
Page 2
(A) "Agency" means the City of Aventura, including all elected and appointed
officials, employees and persons acting on behalf of the Agency.
(B) "Lobbyist" means any person who, for compensation, seeks to influence
the governmental decision making of the Agency or seeks to encourage the passage,
defeat or modification of any ordinance, resolution, contract, bid award, proposal,
recommendation, action or decision of the Agency.
(C) Lobbyist does not mean:
i. a City employee when acting in his official capacity;
ii. any person who appears before the City Council, City Board or
committee, or the City Manager or staff in an individual capacity for the
purpose of self-representation or for the representation of others
without compensation or reimbursement to express support of or in
opposition to any ordinance, resolution, decision or action of the City
Council; or any resolution, action, recommendation or decision of any
City Board, agency or committee, or any action, decision or
recommendation of the City Manager.
(D) "Person" includes individuals, firms, associations, joint ventures, general
and limited partnerships, estates, trusts, business trusts, syndicates, fiduciaries,
corporations, and all other groups or combinations.
Ordinance No. 97-
Page 3
Section 2. Registration of Lobbyist. Commencing fifteen (15) days after the
effective date of this Ordinance and continuing thereafter, all Lobbyists shall, before
engaging in any lobbying activities, register with the City Clerk.
Section 3. Registration Forms. Every Person required to register as a Lobbyist
shall do so on forms prepared by the City Clerk and shall state under oath his or her
name, business address, the name and business address of each Person which has
employed said registrant to lobby and the specific issue on which he or she has been
employed to lobby. Separate registrations shall be required for each specific issue and
for each employer.
Section 4. Filinq and Disclosure of Annual Expenditures. Commencing on
March 1, 1997, and on January 1 of each year thereafter, all Lobbyists registered
pursuant to this Ordinance shall submit to the City Clerk a signed statement under oath
listing all lobbying expenditures for the preceding calendar year. A statement shall be
filed even if there have been no expenditures during the reporting period. Annual
statements shall be required until such time as the Lobbyist files a notice of withdrawal
of lobbying activities with the City Clerk.
Section 5. Penalties for Violation; Cumulative in Nature
A. Whenever a violation of this Ordinance exists, the City Council may publicly
reprimand, censure, and/or prohibit such Lobbyist from lobbying before the Agency for
a period of up to but not to exceed two (2) years.
Ordinance No. 97-
Page 4
B. The penalties provided herein are cumulative in nature. Nothing
contained in this Ordinance shall prevent the Agency from pursuing any other remedies
available to the Agency under the Agency's Code and/or Florida law for the
enforcement of its ordinances.
Section 6. Public Records. All registration forms and annual disclosure
statements required by this Ordinance shall be public records subject to inspection and
examination as provided for in section 119.07 of the Florida Statutes.
Section 7. Lobbyist Registration Fee. An annual Lobbyist Registration Fee in
the amount of $100 for each Lobbyist shall be paid to the City Clerk at the time the
Lobbyist files a registration form. This fee is necessary to cover the administrative
expenditures required by this Ordinance.
Section 8. Severability. The sections, paragraphs, sentences, clauses, and
phrases of this Ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this Ordinance shall be declared unconstitutional or is otherwise
held invalid by a court of competent jurisdiction, such unconstitutionality or invalidity
shall not affect the remaining phrases, clauses, sentences, paragraphs and sections of
this Ordinance.
Section 9. 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 be made a part
of the Code of the City of Aventura; that the sections of this Ordinance may be
Ordinance No. 97-
Page 5
renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "section" or other appropriate word.
Section 10. Repeal. The provisions of Section 2-11.1(s) of the Metropolitan
Dade County Code concerning the same subject matter as this Ordinance are hereby
repealed.
Section 11.
passage by the City Council on second reading.
The foregoing Ordinance was
Effective Date. This Ordinance shall be effective immediately upon
was seconded by Councilmember
vote, the vote was as follows:
offered by Councilmember
, who moved its adoption on first reading. This motion
, and upon being put to a
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Pedow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
The foregoing Ordinance was
was seconded by Councilmember
vote, the vote was as follows:
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
offered by Councilmember
, who moved its adoption on second reading. This motion
, and upon being put to a
Ordinance No. 97-
Page 6
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this __
PASSED AND ADOPTED on second reading this
. day of January, 1997.
day of February, 1997.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Ems/tms
§ 2-11.1 DADE COUNTY CODE
section shall not prohibit any official, officer, em-
ployee or person from taking official action (1) to
promote tourism or downtown development or re-
development within the County or any portion
thereof, or (2) to authorize the expenditure of public
funds for promoting tourism or downtown devel-
opment or redevalopment, so long as no such au-
thorized public funds are to be paid to such person
or a member of his immediately family or any
business in which he or any member of his imme-
diate family has a financial interest. (Ord. No.
72-82, § 1, 11-21-72; Ord. No. 73-50, § 1, 5-15-73;
Ord. No. 75-76, § 1, 9-17-75; Ord. No. 77-13, § 4,
3-1-77)
(o) Acquiring financial interests. No person in-
cluded in the terms defined in subsections (b)(1)
through (6) shall acquire a financial interest ina
project, business entity or property at a time when
he believes or has reason to believe that the said
financial interest will be directly affected by his
official actions or by official actions by the County
or County agency of which he is an official, officer
or employee. (Ord. No. 72-82, § 1, 11-21-72; Ord.
No. 77-13, § 4, 3-1-77)
(p) Recommending professional services. No
person included in the terms defined in subsec-
tions (b)(1) through (6) may recommend the ser-
vices of any lawyer or law firm, architect or ar-
chitectural firm, public relations firm, or any other
person or firm, professional or otherwise, to assist
in any transaction involving the County or any of
its agencies, provided that such recommendation
may properly be made when required to be made
by the duties of office and in advance at a public
meeting attended by other County officials, of-
ricers or employees. (Ord. No. 72-82, § 1; 11-21-72;
Ord. No. 77-13, § 4, 3-1-77)
(q) Continuingapplicationfortwo(2)yearsafter
County service. No person included in the terms
defined in subsection (b)(1), (5) and (6) [commis-
sioners, departmental personnel and employees]
shall, for a period of two (2) years after his County
service or employment has ceased, act as agent or
Attorney for anyone other than Dade County in
connection with any judicial or other proceeding,
application, request for ruling or other determi-
nation, contract, claim, controversy, charge, accu-
sation, arrest or other particular matter in which
Dade County or one~l) of its agencies is a party or
has a direct and substantial interest, and in which
he participated personally and substantially as
an official, officer or employee, through decision,
approval, disapproval, recommendation, the ren-
dering of advice, investigation, or otherwise, while
so employed in County service. (Ord. No. 72-82, §
1, 11-21-72; Ord. No. 77-13, § 4, 3-1-77)
(r) County Attorney to render opinions on re-
quest. Whenever any person included in the terms
defined in subsection (b)(1) through (6) and sub-
section (b)(9) is in doubt as to the proper interpre-
tation or application of this conflict of interest
and Code of Ethics Ordinance as to himself, or when-
ever any person who renders services to the
County is in doubt as to the applicability of the
said ord'mance as to himself, he may submit to the
County Attorney a full written statement of the
facts and questions he has. The County Attorney
shall then render an opinion to such person and
shall publish these opinions without Use of the
name of the' person advised unless such person
requests the use of his name. (Ord. No. 73-26, § 1,
3:20-73;~Ord. No. 77-13, § 4, 3-1-77)
Is) Lobbying.
(1) As used in this section, "County personnel"
means those County officers and employees
specified in Section 2-11.1(i)(2) of the Dade
County Conflict of Interest and Code of
Ethics Ordinance.
"Lobbyist" means all persons, firms, or cor-
porations employed or retained by a prin-
cipal who seeks to encourage the passage,
defeat, or modifications of(l) ordinance, res-
olution, action or decision of the County
Commission; (2) any action, decision, rec-
ommendation of any County board or com-
mittee; or (3) any action, decision or recom-
mendation of County personnel during the
time period of the entire decision-making
process on such action, decision or recom-
mendation which foreseeably will be heard
or reviewed by the County Commission, or
a County board or committee. "Lobbyist"
specifically includes the principal, as de-
scribed above, as well .as any agent, officer
or employee of a principal, regardless of
whether such lobbying activities fall within
270
ADMINISTRATION § 2-11.1
the normal scope of employment of such
agent, officer or employee.
(2) All lobbyists shall, before engaging in any
lobbying activities, register with the Clerk
of the Board of County Commissioners. Ev-
ery person required to so register shall (a)
register on forms prepared by the Clerk, (b)
pay a registration fee of twenty-five dollars
($25.00) and (c) state under oath his or her
name, business address, the name and busi-
ness address of each person or entity which
has employed said registrant to lobby, and
the specific issue on which he or she has
been employed to lobby. If the lobbyist rep-
resents a corporation, partnership or trust,
the chief officer, partner or beneficiary shall
also be identified. Without limiting the fore-
going, the lobbyist shall also identify all per-
sons holding, directly or indirectly, a five
(5) percent or more ownership interest in
such corporation, partnership, or trust. Sep-
arate registration shall be required for each
specific issue. Such issue shall be described
with as much detail as is practical, includ-
lng but not limited to a specific description
(where applicable) of a pending request for
a proposal, invitation to bid, public hearing
number, etc. The Clerk of the Board of Court-
ty Commissioners shall reject any registra-
tion statement which does not provide a de-
scription of the specific issue on which such
lobbyist has been employed to lobby. Reg-
istration of all lobbyists shall be required
prior to October i of every even-numbered
year and each person who withdraws as a
lobbyist for a particular client shall file an
appropriate notice of withdrawal. The fee
for biennial registration shall be one hun-
dred twenty-five dollars ($125.00). Initial-
ly, all lobbyists shall register on or before
June 1, 1991. In addition, every registrant
shall be required to state the extent of any
business or professional relationship with
any current person described in subsection
(b)(1). The registration fees required by this
subsection shall be deposited by the Clerk
into a separate account and shall be expend-
ed for the purpose of recording transcrib-
ing, administration and other costs incurred
in maintaining these records for availabil-
(3) (a)
ity to the public. There shall be no fee re-
quired for filing a notice of withdrawal and
the Board of County Commissioners may,
in its discretion, waive the registration fee
upon a finding of financial hardship.
Any public officer, employee or appoin-
tee who only appears in his or her of-
ficial capacity shah not be required to
register as a lobbyist.
(b) Any person who only appears in his or
her individual capacity for the purpose
of self-representation without compen-
sation or reimbursement, whether di-
rect, indirect or contingent, to express
support of or opposition to any item,
shall not-be required to register as a
lobbyist.
Any person who only appears as a repre-
sentative of a not for profit corporation or
entity (such as a charitable organization, a
neighborhood association, or a trade asso-
ciation or trade union), without special com-
pensation or reimbursement for the appear-
ance, whether direct, indirect or contingent,
to express support of or opposition to any
item, shall register with the Clerk as re-
quired by this subsection, but, upon re-
quest, shall not be required to pay any reg-
istration fees.
Any person who appears as a representa-
tive for an individual or firm for an oral
presentation before a county certification,
evaluation, selection, technical review or
similar committee, shall list on an affidavit
provided by the County, all individuals who
may make a presentation. The affidavit shall
be filed by staffwith the clerk's office at the
time the proposal is submitted. For the pur-
pose of this subsection only, the listed mem-
bers of the presentation team shall not be
required to pay any registration fees. No
person shall appear before any committee
on behalf of an individual or firm unless he
or she has been listed as part of the firm's
presentation team pursuant to this para-
graph or unless he or she is registered with
the Clerk's office and has paid all applica-
ble fees.
(4)
(5)
Supp. No. 12 271
§ 2-11.1 DADE COUNTY CODE
(6) Commencing July 1, 1986, and on July i of
each year thereafter, the lobbyist shall sub-
mit to the Clerk of the Board of County
Commissioners a signed statement under
oath listing all lobbying expenditures in ex-
cess of twenty-five dollars ($25.00) for the
preceding calendar year. A statement shall
be filed even if there has been no expendi-
tures during the reporting period.
(7) The Clerk shall publish logs on a quarterly
and an annual basis reflecting the lobbyist
registrations which have been filed in ac-
cordance with this subsection (s). The Clerk
shall publish logs for the fourth quarter of
fiscal year 1989-90 and the first quarter of
fiscal year 1990-91 as soon as practicable
after the effective date of this ordinance.
AIl logs required by this ordinance shall be
prepared in a manner substantially similar
to the logs prepared for the Florida Legis-
lature pursuant to Section 11.045, Florida
Statutes.
(8) The Clerk of the Board shall investigate
any person engaged in lobbying activities
who may be in violation of this subsection
(s). The County Attorney shall report the
results of the investigation to the County
Commission. The County Commission may
reprimand, censure, suspend or prohibit
such person from lobbying before the Coun-
ty Commission or any committee, board or
personnel of the County; provided, howev-
er, that any suspension or prohibition may
not exceed a period of two (2) years. Not-
withstanding any other provision of the Con-
flict of Interest and Code of Ethics Ordi-
nance, or the Code of Metropolitan Dade
County, the penalties provided in this para-
graph (8) shall be the exclusive penalties
imposed for violations of this subsection (s).
(9) All members of the County Commission, and
all County personnel, shall be diligent to
ascertain whether persons required to reg-
ister pursuant to this subsection have com-
plied. Commissioners or County personnel
may not knowingly permit a person who is
not registered pursuant to this subsection
to lobby the Commissioner, or the relevant
committee, board or County personnel.
(10) The validity of any action or determination
of the Board of County Commissioners or
County personnel, board or committee shall
not be affected by the failure of any person
to comply with the provisions of this sub-
section (s).
(t) Penalty. Every person who is convicted of a
violation of this section shall be punished by a fine
not to exceed five hundred dollars ($500.00) or
imprisonment in the County Jail for not more than
thirty (30) days, or by both such fine and impris-
onment.
(Ord. No. 72-82, § 1, 11-21-72; Ord. No. 73-26, § 1,
3-20-73; Ord. No. 77-13, § 4, 3-1-77; Ord. No. 86-
24, § 2, 4-1-86; Ord. No. 91-22, § 1, 2-19-91; Ord.
No. 92-27, § 1, 4-21-92; Ord. Ne.95-21, § 1, 2-7-95)
Editor's note--Ord. No. 72-82, § 1, amended this Code by
repealing former § 2-11.1 relative to County officers and em-
ployees transacting business with the County and enacted in
lieu thereef a new § 2-11.1 as herein set out. Former § 2-11.1
was derived from Ord. No. 89~14, §§ 2~, adopted Dec. 1,
1959.
Annotetions--AO 7-1; CAO's 76-8, 76-32, 76-36, 76-39,
76-43, 76-46, 76-50, 76-55, 77-1, 77-9, 77-14, 77-16, 77-19, 77-
26, 77-33, 77-37, 77-40, 77-41, 77-44, 77-52, 77-53, 77-56, 77-
63, 77.68, 78-2, 78-10, 78-11, 78-12, 78-17, 78-25, 78-33, 78-44,
78-47, 78-53, 78-54, 79-6, 79-7, 79-12, 79-16, 79-19, 79-32, 79-
37, 80-3, 80-4, 80-11, 80-21, 80-24, 80-25, 80-28, 80-29, 81-4,
81-13, 81-18, 81-22, 81-31, 81-38, 82-1, 82-10, 82-13, 82-19,
82-24, 82-25, 82-28, 82-29, 83-2, 83-6, 83-11, 83-22, 85-8.
State law reference-Cede o f eth/cs for public officers and
employees, F.S~ § 112.311 et seq.
Sec. 2-11.2. Sale of public property by mu-
nicipalities.
No municipal corporation in Dade County, Flor-
ida, shall sell or convey for private use or to pri-
vate ownership all or any part of any tract of real
property ten (10) acres er more in contiguous area
owned by it that has been or is hereafter acquired
by said municipality for a public or municipal pur-
pose, until full and complete information and data
concerning the contemplated sale or transfer of
such real property shall have been first submitted
to the Board of County Commissioners for a re-
view and consideration, and the Board of County
Commissioners shall have approved and consent-
ed to such sale or transfer as being in conformity
with the comprehensive plan of development for
Metropolitan Dade County and not contrary to
the best interests of the public.
Supp. No. 12 272
CITY OF AVENTURA
OFFICE OFTHEClTYMANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council _~/-~
Eric M. Soroka, City~_~na~r
January 14, 1997 ~
Building Inspection Services
January 21, 1997 City Council Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Council adopt a motion approving the amendment to
the Agreement for Building Inspection and Plan Review Professional Consultant
Services by extending the term to January 31, 1998. The matter was agreed to in
concept at the January 7, 1997 Workshop Meeting.
BACKGROUND
At the time the City awarded the contract for Building Inspection Services to C.A.P.
Engineering Consultants, Inc., the City Council passed a motion requesting that the
services be re-bid in January 1997. Based upon the following issues, I would request
that the City Council reconsider this motion and extend the current Agreement to
January 1998:
1. C.A.P. Engineering Consultants, Inc. has only provided services for the months of
November and December. This is too short a period to evaluate the workflow.
2. C.A.P. Engineering Consultants, Inc. was very helpful during the transition process
between the City and County. In fact, they were instrumental in resolving many of
the permitting problems between the City and County. Due to their assistance, the
contractors and the developer community has repetitively praised the permitting and
inspection services provided by the City.
3. C.A.P. Engineering Consultants, Inc. assisted the City in the recruitment of our Chief
Building Official.
4. The Dade County Director of Building Code Compliance has advised the
Community Development Director, that the firm is the only one currently certified by
the County.
I feel it is in the best interests of the City and community to extend the contract at this
time. The City Attorney's opinion regarding the legal issues addressed at the
Workshop Meeting is attached hereto.
If you have any questions, please feel free to contact me,
EMS/aca
Attachment
CCO202-97
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED FIRST
AMENDMENT TO THE AGREEMENT FOR BUILDING
INSPECTION AND PLAN REVIEW PROFESSIONAL
SERVICES WITH C.A.P. ENGINEERING CONSULTANTS,
INC.; 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
First Amendment to the Agreement for Building Inspection and Plan Review
Professional Services by and between the City and C.A.P. Engineering Consultants,
Inc.
Section 2. This
adoption.
The foregoing
Councilmember
was as follows:
Resolution shall become effective immediately upon its
Resolution was offered by Councilmember
, who moved its adoption. The motion was seconded by
, and upon being put to a vote, the vote
Councilmember Jay Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey Perlow
Vice Mayor Patricia Rogers-Libert
Resolution No.
Page 2
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 21st day of January, 1997.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMSAms
CITY OFAVENTURA
AGREEMENT
FOR
BUILDING INSPECTION AND PLAN REVIEW
PROFESSIONAL CONSULTANT SERVICES
AMENDMENTNO. 1
THE AGREEMENT, made and entered into this ~ day of ,1997,
by and between the CITY OF AVENTURA, hereinafter referred to as "City" and C.A.P.
Engineering Consultants, Inc., 100 Miracle Mile, Suite 300, Coral Gables, Florida
33134, a corporation, hereinafter referred to as "Consultant" is hereby amended as
follows:
3. TERM OF AGREEMENT.
This Agreement shall become effective upon signature of both parties and shall
continue in full force and effect until midnight, January 31, 1998. However, this
Agreement may be extended upon mutual agreement of both parties. This Agreement
may be terminated by written notice of termination provided pursuant to paragraph 9.
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed
this First Amendment to the Agreement dated September 4, 1996 upon the terms and
conditions above stated on the day and year first above written:
CONSULTANT:
CITY:
C.A.P. Engineering Consultants, Inc.
100 Miracle Mile, Suite 300
Coral Gables, Florida 33134
City of Aventura
2999 NE 191st Street, #500
Aventura, Florida 33180
By: By:
Carlos A. Penin, P.E., President
Eric M. Soroka, City Manager
Attest:
Attest:
Teresa M. Smith, CMC
City Clerk
Approved:
City Attorney
CITY OF AVENTURA
OFFICEOFTHECITYMANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Eric M. Soroka, C~l.~er
January 17, 1997
Roadway Conversion Policy Recommendation
January 21, 1997 City Council Meeting Agenda Item
RECOMMENDATION
It is recommended, by the Roadway Conversion Subcommittee, that the City Council
adopt the attached Resolution which establishes a policy for the conversion of certain
private streets to public streets. The Resolution establishes an overall consistent and
uniform policy to be utilized in the acceptance by the City of all current and future
private roadways in the City.
BACKGROUND
The City Council Subcommittee, consisting of Jeffrey M. Perlow, Ken Cohen and
Patricia Rogers-Libert, met on January 13, 1997 to discuss and establish a private
roadway conversion policy to be considered by the entire City Council. Councilmember,
Jay R. Beskin, was also present at the meeting. The goal was to develop a fair and
consistent policy to address all private road conversions in the City. The following
policy was developed which addresses the issues contained in the City Engineer's
Road Conversion Report and Recommendations dated December 9, 1996:
PRIVATE ROADWAY CONVERSION POLICY
Street Lighting
In those cases where site plan, plat and development approvals by a
government agency does not or did not require the installation of street lighting
outlined in the Roadway Conversion Engineering Report and Recommendations,
as prepared by Keith and Schnars, P.A., dated December 9, 1996, the City of
Aventura shall pay for the cost of installing street lighting after the private road is
dedicated to the City. Furthermore, in the case where an enfomeable written
agreement exists requiring a developer to install street lighting, such developer
shall assume the costs of installing street lighting.
2,
Drainage Improvements
Once the Storm Water Utility Program is established for the City, the City shall
pay for the cost of drainage improvements after the private road is dedicated to
the City, in those cases where site plan, plat and development approvals by a
government agency does not or did not require such drainage improvements as
outlined in the Roadway Conversion Engineering Report and Recommendations,
unless otherwise provided in an enforceable written agreement with a developer.
In such case, such developer shall assume the cost of drainage improvements.
3.
Legal Documentation for Dedication to the City
The entity dedicating the private road to the City shall absorb and pay the cost of
preparing the legal documentation for dedication to the City.
Developer Improvements
In those cases where site plan, plat and development approvals by a
government agency require improvements such as pavement overlay markings
and signage, and sidewalk installation as outlined in the Roadway Conversion
Engineering Report and Recommendations, the entity dedicating the private road
to the City shall absorb and pay the cost of said improvements.
Liability and Insurance
In those cases, where safety recommendations, as outlined in the Roadway
Conversion Engineering Report referenced above, are required prior to the City
accepting the roadway, the following policy shall be established: The private
entity shall hold the City harmless from any liability and provide insurance in
amounts acceptable to the City's insurance carrier to protect the City until such
time that the improvements are completed.
6.
Safety Recommendations
In those cases, where safety recommendations, as outlined in the Roadway
Conversion Engineering Report referenced above, are required prior to the City
accepting the roadway, the following policy shall be established: The private
entity shall be responsible for upgrading the existing guardrail and sidewalks to
meet safety requirements.
Funding Alternatives
The City will pursue all available outside funding sources in order to fund
conversion requirements as established by this Resolution.
In addition to the above, the Committee also recommended that a plan review guideline
be established that requires all new development that impacts roads to be converted to
the City, pay their fair share of the cost incurred by the City. This would occur at the
time of site plan or plat approval. This will provide a mechanism for the City to recover
conversion expenditures from new development impacting the roadways.
APPLICATION OF POLICY
The following applies the above policy to the various roadways under consideration for
acceptance by the City. The recommendations and estimates included in the City
Engineer's Road Conversion Report are used to determine the impact of each roadway
conversion. The numbers are estimates only and are used for presentation purposes.
Actual construction costs may vary based on actual bids. The conversion costs were
assigned to either the City or the owner / developer, depending on the application of the
policy.
N. E. 183rd Street
1. Provide curb and gutter along the entire roadway to minimize clear zone
requirements and improve drainage.
Cost - $182,000
2. Reduce travel lanes from four lanes to two lanes along the mangrove and
seawall sections to improve sight distances and clear zones. Provide
adequate pedestrian crosswalks and sidewalks at intersections.
Cost - $71,000
3.Provide guardrails that meet current standards.
Cost - $44,000.
4. Relocate western entrance of Admiral's Port Condominium to the west to
meet acceptable sight distance requirements.
Cost - 71,000.
5.Provide adequate sidewalks.
Cost - $40,000.
6.Street light removal and installation.
Cost - $106,000.
7. Provide legal documentation for dedication to the City.
Cost - $10,000.
Cost Allocation
Owner - $94,000
City - Storm Water Utility Fund - $253,000
General Fund/Gas Tax - $177,000
N. E. 35th Avenue
800' local collector roadway under
Developer.
construction by Developer.
Maintained by
a. Remove sight distance obstruction
b. Street light installation
c. Legal dedication of right-of-way
Cost Allocation
Developer/Owner - $26,220
$ 4,284.00
$17,136.00
$ 4,800.00
$ 26,220.00
City - $0
N. E. 190th Street
East of West Country Club Drive 600' local collector
Developer.
a. Pavement overlay and repair
b. Pavement markings and signage
c. Sidewalk installation
d. Street light installation
e. Legal dedication of right-of-way
Cost Allocation
Developer/Owner - $51,465
roadway.
$ 10,567.00
$ 5,712.00
$ 13,250.00
$ 17,136.00
$ 4,8O0.00
$ 51,465.00
City - $0
Maintained by
N. E. 207TM Street
East of N. E. 34th Avenue,
Residential Assessments.
2100' local collector roadway.
Maintained by
a. Pavement markings and signage
b. Street light installation
c. Legal dedication of right-of-way
Cost Allocation
Developer/Owner - $16,224.00
$ 11,424.00
$ 57,120.00
$ 4,800.00
$ 73,344.00
City - $57,120
N, E. 214 Street
2700' local collector roadway. Maintained by Residential Assessment.
a. Pavement overlay and repair $ 45,410.00
b. Pavement markings $ 7,140.00
c. Street light installation $ 74,256.00
d. Legal dedication of right-of-way $ 4,800.00
$131,606.00
Cost Allocation
Developer/Owner - $131,606.00
City - $0
Recap of Cost Allocation
Total Cost - $807,000
Cost Allocation:
Developer/Owner - $320,000
City - General Fund/Gas Tax - $234,120
Storm Water Utility Fund - $253,000
PRIORITY LISTING OF ROADWAY CONVERSIONS
The following ranks the roadways to be converted on a priority basis. Every effort will
be made to coordinate the conversion time table with the date that the City's police
force becomes operational. This will allow the Police Department the legal ability to
enforce the speed limits and patrol the roadways.
1. N.E. 183rd Street
2. N.E. 207th Street & N.E. 214th Street
3. N.E. 35th Avenue
4. N.E. 190th Street
If you have any questions, please feel free to contact me.
EMS/aca
Attachments
CC0205-97
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AVENTURA, FLORIDA ADOPTING A POLICY GOVERNING
THE CONVERSION OF PRIVATE ROADS TO PUBLIC
ROADS IN THE CITY OF AVENTURA; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council desires to establish a uniform and consistent policy
governing the conversion of private roads to public roads in the City of Aventura; and
WHEREAS, a sub-committee of the City Council has met and developed a
recommended policy for roadway conversions in the City of Aventura; and
WHEREAS, the City Council accepts the recommendation of the Council sub-
committee and hereby establishes a policy governing the conversion of private roads to
public roads; and
WHEREAS, it is in the best interests of the residents of the City of Aventura for their
safety and welfare to convert certain roadways from private ownership to public ownership
by the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. The following policy is hereby adopted as the Roadway Conversion
Policy for the City of Aventura:
1. Street Li~htine
In those cases where site plan, plat and development
approvals by a government agency does not or did not
Resolution No. 97-__
Page 2
require the installation of street lighting outlined in the
Roadway Conversion Engineering Report and
Recommendations, as prepared by Keith and Schnars, P.A.,
dated December 9, 1996, the City of Aventura shall pay for
the cost of installing street lighting after the private read is
dedicated to the City. Furthermore, in the case where an
enforceable written agreement exists requiring a developer
to install street lighting, such developer shall assume the
costs of installing street lighting.
2. Drainage Improvements
Once the Storm Water Utility Program is established for the
City, the City shall pay for the cost of drainage
improvements after the private road is dedicated to the City,
in those cases where site plan, plat and development
approvals by a government agency does not or did not
require such drainage improvements as outlined in the
Roadway Conversion Engineering Report and
Recommendations, unless otherwise provided in an
enforceable written agreement with a developer. In such
case, such developer shall assume the cost of drainage
improvements.
3. Legal documentation for dedication to the City
The entity dedicating the private road to the City shall
absorb and pay the cost of preparing the legal
documentation for dedication to the City.
4. Developer Improvements
In those cases where site plan, plat and development
approvals by a government agency require improvements
such as pavement overlay markings and signage, and
sidewalk installation as outlined in the Roadway Conversion
Engineering Report and Recommendations, the entity
dedicating the private road to the City shall absorb and pay
the cost of said improvements.
5. Liability and Insurance
In those cases, where safety recommendations, as outlined
in the Roadway Conversion Engineering Report referenced
above, are required prior to the City accepting the roadway,
the following policy shall be established: The private entity
shall hold the City harmless from any liability and provide
Resolution No. 97-__
Page 3
insurance in amounts acceptable to the City's insurance
carrier to protect the City until such time that the
improvements are completed.
6. Safety Recommendations
In those cases, where safety recommendations, as outlined
in the Roadway Conversion Engineering Report referenced
above, are required prior to the City accepting the roadway,
the following policy shall be established: The private entity
shall be responsible for upgrading the existing guardrail and
sidewalks to meet safety requirements.
7. Funding Alternatives
The City will pursue all available outside funding sources in
order to fund conversion requirements as established by this
Resolution.
Section 2. The City Manager's memorandum attached hereto as Exhibit "A" will
serve as a guide in the application of the Roadway Conversion Policy.
Section 3. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 4. This Resolution shall become effective immediately upon its adoption.
The foregoing Resolution was offered by Councilmember
who moved its adoption. The motion was seconded by Councilmember
and upon being put to a vote, the vote was as follows:
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg
Councilmember Jeffrey M. Perlow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
Resolution No. 97-__
Page 4
PASSED AND ADOPTED this 21st day of January, 1997.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council _(~/~
Eric M. Soroka, City//~r~g~
January 14, 1997 v ~
Bus Bench Advertising
January 21, 1997 City Council Meeting Agenda Item
RECOMMENDATION
in order to continue our efforts to beautify the City, it is recommended that the City
Council adopt the policy of removing the benches with advertising and replacing them
with more attractive benches. However, it is also recommended that the bus benches
on Biscayne Boulevard remain until the construction projects are completed. This
policy, if adopted, would be phased in over a period of time. This matter was discussed
and agreed to in concept at the January 6, 1997 Workshop Meeting.
BACKGROUND
One of the goals and priorities adopted by the City Council for 1996/97 was the
elimination of bus bench advertising and replacing them with more attractive benches.
Metro Dade Transit Agency currently contracts with a company, Bench Advertising, who
provides the benches and advertising throughout locations in the City of Aventura.
They are also required to provide maintenance within five feet of the bench. The
County receives revenue from the private company. Several Dade County cities have
adopted a similar concept including North Miami Beach.
The City has the following options with regard to the bus bench advertising:
1. Maintain the current contract with the exception of transferring the revenues,
generated from the advertisements, from the County to the City.
2. Place the contract out for bid and award on the basis of revenues distributed
to the City.
3. Remove the benches and the City would replace with more attractive
benches without advertising.
Attached is the bus stop inventory for the City of Aventura.
If you have any questions, please feel free to contact me.
EMS/aca
Attachments
CC0201-97
Location #
2.0000
3.0000
4.0000
5.0000
8.0000
7.0000
7.0100
8.0000
8.0050
8.0200
10.0000
11.0000
12.0000
12.0500
13.0000
13.0050
13.0100
14.0000
15.0000
15.0100
16.0000
17.0000
17.0100
18.0050
18.0070
18.0100
19.0000
20.0000
713.0100
713.0160
713.0200
713.0400
713.0500
713.0600
719.0600
City of Aventura
MDTA Bus Stop Inventory
Nearest IntersectionlBId_~ #
Biscayne Blvd / #21280
Biscayne Blvd / NE 209th Street
Biscayne Blvd / NE 207th Street
Biscayne Blvd / NE 206th Street
Biscayne Blvd / NE 195th Street
Biscayne Blvd / NE 191~ Street
Biscayne Blvd / Approx #19000
Biscayne Blvd / NE 187th Street
Biscayne Blvd / NE 186th Street
Biscayne Blvd / Approx #18200
Biscayne Blvd / NE 180th Street
Biscayne Blvd / N E 178th Street
Biscayne Blvd /
Biscayne Blvd /
Biscayne Blvd /
Biscayne Blvd /
Biscayne Blvd /
Biscayne Blvd /
Biscayne Blvd /
Biscayne Blvd /
Biscayne Blvd /
Biscayne Blvd /
Biscayne Blvd /
Point East Drive
NE 178th Street
NE 180th Street
NE 182r~ Street
NE 183"~ Street
NE 186th Street
NE 187th Street
#18999
NE 191st Street
NE 195th Street
Aventura Blvd
Biscayne BIvd / NE 203r~ Street
Biscayne Blvd / NE 207th Street
Biscayne BIvd / NE 209th Street
Biscayne Blvd / OP # 21110
Biscayne Blvd / #21280
Aventura Blvd / Biscayne Blvd
Aventura Blvd / #2900 (FireStation)
Aventura Blvd / NE 29th Place
Aventura Blvd / W Country Club
Aventura BIvd / NE 29th Place
Aventura Blvd / #2845
NE 203rd Street / Biscayne Blvd
# of Bench/Shelter
2 benches
I bench,1 shelter
0
1 bench, 1 shelter
1 shelter
2 benches
2 benches
2 benches
2 benches
2 benches
2 benches
1 bench
2 benches, 1 shelter
0
2 benches
2 benches, 1 shelter
2 benches, 1 shelter
2 benches
2 benches
2 benches, 1 shelter
2 benches
1 shelter
1 shelter
2 benches
2 benches
2 benches
I bench, 1 shelter
1 bench
1 bench
0
0
1 shelter
0
0
Direction Location
South Near Side
South Near Side
South Far Side
South Far Side
South Near Side
South Near Side
South Far Side
South Near Side
South Far Side
South Near Side
South Far Side
South Near Side
North Near Side
North Near Side
North Near Side
North Near Side
North Far Side
North Near Side
North Far Side
North Near Side
North Far Side
North Far Side
North Far Side
North Far Side
North Near Side
North Near Side
North Far Side
North Far Side
East Far Side
East Near Side
East Far Side
West Far Side
West Far Side
West Far Side
East Mid-block
Route #
3
3
3
B1
3, MAXBB
3, MAXBB
3, MAXBB
3, MAXBB
3, MAXBB
3,V, MAXBB
3,V, MAXBB
3, V, MAXBB
3, V,MAXBB
Hurricane Only
3,V,MAXBB
3,V, MAXBB
3, MAXBB
3, MAXBB
3, MAXBB
3, MAXBB
3, MAXBB
3, MAXBB
B18
3
3
3
3
3
3
3
3, E,S
3, E,S
3, MAXBB
3, MAXBB
3, 9,95
City of Aventura
MDTA Bus Stop Inventory
Page Two
Location #
719.0700
719.0800
719.0900
759.0000
760.0100
760.0140
760.0200
761.0000
761.0100
761.0500
762.0000
763.0000
763.0100
765.0000
766.0000
767.0000
776.0000
777.0000
778.0000
1002.0000
1003.0000
1003.0010
1003.0020
1003.0050
1003.0060
1004.0000
Nearest Intersection/Bldg #
NE 203"~ Street / NE 29th Court
NE 203rd Street / NE 29th Court
NE 203rd Street / Biscayne Blvd
W Country Club / Aventura Blvd 0
W Country Club / Aventura Mall 0
NE 192n~ Street / #3300 NE 191st Street 0
NE 192na Street / #3350 (se~ce Road) 0
E Country Club / Yacht Club Way 0
E Country Club / The Yacht Club 0
E Country Club / NE 37th Avenue 0
E Country Club /#20191 0
N Country Club / #3675 0
N Country Club / NE 34th Avenue 0
N Country Club / #3375 (~ona~sta) 0
W Country Club / #20500 (aiscaya) 0
W Country Club / #20300 ~i,a Dorada) 0
W Country Club/Aventura Mall (East) 0
VV Country Club / Turnberry Isle Resort 0
W Country Club /#19501 0
Aventura Mall / Macy's 0
NE 29th Place (Eckerds)/Aventura Blvd2
NE 29th Place / Aventura Blvd 2
NE 29th Place / NE 203~d Street 2
NE 29th Place / NE 203~d Street 1
NE 29th Place / Aventura BIvd 1
NE 29th Place (Eckerds) / Aventura Blvd 2
6t Stops in Total
All HAVE ADVERTISING
# of Bench/Shelter
0
1 bench
1 bench
benches
benches
benches
bench, 1 shelter
bench
benches
Direction
East
West
West
South
South
East
East
North
North
North
North
West
West
West
South
South
North
North
North
North
North
North
South
South
South
Location
Mid-block
Far Side
Near Side
Far Side
Far Side
Near Side
Far Side
Far Side
Far Side
Near Side
Near Side
Near Side
Near Side
Far Side
Far Side
Far Side
Near Side
Near Side
Far Side
Near Side
Far Side
Near Side
Far Side
Near Side
Far Side
Route #
3,9,95
3,9,95
3,9,95
3, S
3, S
3, E,S
3, S
3
3
3
3
3
3
3
3
3
E,S
E,S
E,S
3,9,95,B1 ,E,S,MAXBB
3,9,95,E,S
3,9,95
3,9,95
3,9,95
9,95,3
3,9,95,E,S
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council y~~
Eric M. Soroka, Cit g
January 2, 1997
Ordinance Amending 1~ 11997 Budget to Establish Police Capital
Outlay Impact Fee Fund and Park Development Fund
Ist Reading January 7, 1997 City Council Meeting Agenda Item ~-.~
2nd Reading January 21, 1997 City Council Meeting Agenda Item ~
RECOMMENDATION
It is recommended that the City Council adopt the attached Ordinance which amends
the 1996 / 1997 budget document by creating two new funds to account for police and
park impact fee revenues and expenditures.
BACKGROUND
In order to ensure that impact fees that are collected and expended for the purpose
established by ordinances, and in accordance with sound accounting principles, the
attached Ordinance creates two new funds in the budget. The first fund creates a
Police Capital Outlay Impact Fee Fund, as required by Ordinance No. 96-30, which
established an interim impact fee for police services to account for revenues and
expenditures for capital outlay.
The second fund creates a Park Development Fund to account for revenues and
expenditures collected via the County's Park Impact Fee Ordinance. We are in the
process of developing a Park Impact Fee Ordinance for the City. The amounts
established as the initial budget are conservative estimates until better information is
available.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0191-97
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 UA" 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 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 7th day of January, 1997.
2
Ordinance No.
Page 3
PASSED AND ADOPTED on second reading this
day of Janua~, 1997.
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
3
Exhibit "A"
CITY OF AVENTURA
CATEGORY SUMMARY
19~8/97
Th s fund Was cre~ted to account for impact fees derived from new developments and
Ordinance for Police capital improvements. This fund provides a funding
restricted
by
source to assist the City in providing police services required by the growth in the~
(':. tv
REVENUE PROJECTIONS
310000/319999 Locally Levied Taxes 0 0 0
320000/329999 Licenses & Permits 0 0 0
330000/339999 Intergovernmental Revenues 0 0 0
340000/349999 Charges for Services 0 0 0
350000/359999 Fines & Forfeitures 0 0 0
3~)oooP~9999 Misc. Revenues o 5o,o0o so,ooo
380000/389999 Transfer from Funds o o
399900/399999 Fund Balance o o o
EXPENDITURES
too0/2999 Personal Services o o o
3000/3999 Contractual Services o o o
4o~4;99 Other Charges/Svcs o o o
5000/5399 Commodities 0 0 0
s40~59s9 Other Operating Expenses 0 0 0
6ooo~999 Capital Outlay o so,ooo 5o,ooo
CITY OF AVENTURA
1996/97
REVENUE PROJECTIONS
6-9-363200
6-9-361100
EXPENDITURES
6-6O-62O5
Public Safety - 521
Equipment 50,000 50,000
CITY OF AVENTURA
CATEGORY SUMMARY
t 996~97
[Th~-;~und isUSed to ~(~-~or reVenues an-~-~~SpecifiCally earmarked fo~
capital improvements to the City's park system. The fund will account for impact feesl
derived from new developments and restricted by Ordinance for Park capitalI
l improvement projects. /
REVENUE PROJECTIONS
310000/319999 Locally Levied Taxes 0 0 0
320000/329999 Licenses & Permits 0 0 0
33oooo/339999 Intergovernmental Revenues 0 0 0
34ooo~34ss99 Charges for Services o o o
350000/339999 Fines & Forfeitures 0 0 0
360000/369999 Misc. Revenues 0 s,ooo 5,000
380000/389999 TranSfer from Funds o o
399900/399999 Fund Balance o o o
EXPENDITURES
t000/2999 Personal Serv,ces 0 0 0
3000/3999 Contractual Services 0 0 0
4ooo/4999 Other Charges/Svcs o o o
soo0/s3ss Commodities 0 0 0
5400/59s9 Other Operating Expenses 0 0 0
6000/6999 Capital Outlay 0 5,000 5,000
CITY OF AVENTURA
1996197
REVENUE PROJECTIONS
~996/97
6-9-363400
6-9-363200
6-9-361100
ii!iii!iiii 0 0 0
0 5,000 5,000
EXPENDITURES
Non-Departmental - 590
Capital Reserve 5,000 5,000
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Eric M. Soroka, City/l~l~an~r
January 3, 1997 -
Ordinance Adopting South Florida Building Code as the Building
Code for the City
Ist Reading January 7, 1997 City Council Meeting Agenda Item ~
2nd Reading January 21, 1997 City Council Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Council enact the attached Ordinance and adopt the
South Florida Building Code as the City's Building Code.
BACKGROUND
Dade County Code requires all Dade cities to adopt the South Florida Building Code.
The attached Ordinance has been prepared in order to fully inform and educate all
developers or contractors doing business in the City.
If you have any questions, please feel free to contact me.
EMS/aca
Attachments
CC0192-97
ORDINANCENO.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
ADOPTING THE SOUTH FLORIDA BUILDING CODE AS
THE BUILDING CODE FOR THE CITY; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That the South Florida Building Code, as amended from time to time, is
hereby adopted as the uniform building code for the City of Aventura.
Section 2. Conflicts. All Ordinances or parts of Ordinances and all Resolutions or
parts of Resolutions in conflict herewith are repealed to the extent of such conflict.
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Inclusion In the Code. It is the intention of the City Council, and it is
hereby ordained that the provisions of this Ordinance shall become and made a part of
the City of Aventura Code; that the sections of this Ordinance may be renumbered or
relettered to accomplish such intentions; and that the word "Ordinance" shall be changed
to "Section" or other appropriate word.
Ord. No. 97-
Page 2
Section 5. Effective Date. This Ordinance shall be effective upon adoption on
second reading.
The foregoing Ordinance was offered by Councilmember ,
who moved its adoption on first reading. This motion was seconded by Councilmember
, and upon being put to a vote, the vote was as follows:
Councilmember 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. Pedow
Councilmember Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Arthur I. Snyder
PASSED AND ADOPTED on first reading this 7t~ day of January, 1997.
PASSED AND ADOPTED on second reading this day of January, 1997.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SMITH, OMC, CITY CLERK
Ord. No. 97-
Page 3
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
CITY ATTORNEY
EMS/tms
3
CITY OF AVENTURA
COMMUNITYDEVELOPMENTDEPARTMENT
MEMORANRUM
TO:
FROM:
BY:
DATE:
City Council i~v~ger
Eric M. Soroka, C
Jaye M. Epstein, Al~tor of Community Development
January 15, 1997
SUBJECT:
Request of Town Tavern of Aventura, Inc. and Hooters of
Aventura Inc. for Council Approval of a Landscape Plan
Required as an Element of a Previously Approved Unusual
Use (Outdoor Dining) Petition
January 21, 1997 City Council Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Council approve the resubmitted landscape plan
as in compliance with the previously granted approvals. The plan complies with
the recommendations of the city's Landscape Architect
BACKGROUND
At the present time, renovations are nearly complete at the new
Hooter's/Marino's. The property is generally located at the intersection of Ives
Dairy Road and Biscayne Boulevard, within the existing Promenade shopping
center. On June 18, 1996 the City Council approved three (3) development
actions relative to the aforementioned. The Council approved two (2) Special
Exceptions and an Unusual Use. In granting approval, the Council placed a
condition upon these actions that a landscape plan for the restaurant be brought
back to the Council for approval. On November 5, 1996 the Council rejected a
proposed landscape plan.
The landscape plan before you that evening, contained the following
components:
Page 2
Hooter's/Marino's
1. Relocation of 11 existing Black Olive trees to within the same shopping
center.
2. Relocation of 11 existing Queen Palm to locations around this restaurant.
3. Provision of a continuous Cocoplum hedge adjacent to the vehicular use
areas fronting to Biscayne Boulevard and Ives Dairy Road
At Council's direction the landscape plan was submitted to the City's Landscape
Architect, O'Leary and Associates, for comment and review. As a result of this
review a new landscape plan has been submitted by for Council consideration.
The revised plan includes the following enhancements:
1. 16 additional Sabal Palms planted around the perimeter of the site, Biscayne
Boulevard and Ives Diary road frontages.
2~ 92 additional Giant Liriope planted to the north of the entrance to the
building.
3. 3 Roebelenii Palms at the NW corner of the building.
4. 90 variegated Pitiosporum replacing existing dying or dead similar plants,
5, 1 Chamaedorea Cataractum Palm at the NE corner of the building.
This plan represents a significant improvement over the previous plan.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council ,,,~_,
Eric M. Soroka, Ci,z/,~
January 17, 1997~''/ (
Implementation of Roa~J~
r
:onversion Policy - N.E. 183rd Street
January 21, 1997 City Council Meeting Agenda Item
The following provides an overview of the various steps that will be required to
implement the proposed Roadway Conversion Policy for N.E. 183rd Street by April 1,
1997.
1. City engineers to complete traffic count study to determine if lane reduction is
feasible.
2. Negotiate agreement with 183rd Street Road Corporation, Inc. ("R.C.")
3. R.C. to assume the cost and pay for preparing the necessary legal documents.
4. R.C. to provide insurance coverage and hold City harmless for a minimum of two
years to cover the period of time that safety improvements are under construction.
5. R.C. to remove speed bumps.
6. City to assume landscape maintenance and street lighting costs at time of
dedication.
7. R.C. to provide approximately $94,000 toward the cost of the improvements to be
paid from existing assessments.
8. City to perform construction of improvements as part of the City's Capital
Improvement Program.
I have discussed the Conversion Policy with Alan Matus, of Williams Island, and
generally he agrees with the policy and implementation schedule but raised the
following concerns that would need to be addressed as part of the negotiations:
· Preservation of monument sign entrance
· Approval of light fixtures
· Signage should be uniform
· Landscape maintenance should meet or exceed current standards
· Input and possible assistance in the landscape improvement along the
roadway
The condominium representatives (Commodore Plaza and Admirals Port) who
attended the sub-committee meeting also expressed their agreement with the proposed
policy. Once the policy is approved by the City Council, I intend to pursue this matter
on a fast track basis.
If you have any questions, please feel free to contact me.
EMS/aca
CC0206-97
CITY OF AVENTURA
OFFICEOFTHECITYMANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council ~
Eriq M. Soroka, Ci
January 14, 1997
Prohibiting Cellular Telephone Usage While Driving
January 21, 1997 City Council Meeting Agenda Item
Attached please find a staff report containing the information requested by the City
Council regarding the availability of statistical data relative to cellular telephone usage
while ddving increases the likelihood of an accident.
If you have any questions, please feel free to contact me.
EMS~ca
Attachment
CCO203-97
THE CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
stant to the City Manager(~
DATE:
January 13, 1997
SUBJECT: Prohibiting Cellular Telephone Usage while Driving
Metro-Dade Commissioner Barbara Carey's Office is currently gathering data indicating
that cellular telephone usage while driving increases the likelihood of an accident
occurring. Currently, Florida uses more wireless connections than any other state in the
nation and Commissioner Carey feels there is a great need to regulate cellular
telephone usage while driving.
William Ramos and Marisol Lopez are currently gathering data justifying these
allegations. They are in the process of preparing a report for a resolution that
Commissioner Carey will present at the Commission meeting held on Tuesday, January
14, 1997.
Initially, the Commissioner's intention was to request that the state legislature propose
active legislation to rectify this situation. Now, her attention will focus on legislation that
will allow for the tracking of accident rates to begin so empirical data can be collected
and processed. The manner in which this data could be collected has not been decided
on as of yet.
Commissioner Carey's office will send the City a copy of their final report as soon as
possible.
CITY OF AVENTURA
OFFICE OF THE CITY COUNCIL
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Eric M. Soroka, City Manager
Ken Cohen, Councilmember ~'~
Janua~ 2,1997
Resolution Urging State Legislature To Enact Legislation To Prohibit
Use of Cellular Telephones While Operating A Moving Motor Vehicle
Please place on the next Council agenda under "Other Business" a discussion item and
possible action by the City Council to adopt a Resolution urging the State Legislature to
enact a law to prohibit the use of cellular telephones while operating a moving motor
vehicle.
Attached is a copy of the Resolution adopted by Metropolitan Dade County to that
effect.
KC/tms
attachment
Date _ Action
/ Attmlley's OI13ce 12/16/96 RelLql~d
12at 17/9fi AIlletlded
5eat To
Policy I,'ommJ~Li~n arid Intenml
Support C3munitt~
Due Date Returne~ Pa$~4Fat*l
Note: Thc Bo;ual attt ,~glcd this rc~[utimt as mov~ ~y Cmami~imt~ CagT sad ~ud~ ~
Body:
WHEREAS. cellular tclephoncs have become a popular tm~ans oi'commmtication: and
WHEREAS, tl~ utilization o£ceth~lar plione,,~ while opmating a moving motor vehicle is
hazardous to the welfare o£tl,e citizens ot'Dade County and thc State oflqortda: and
WY-IEEE[AS, the regulation orth~ usc of celhtlar phones by motorists is prc-cmptcd by the
Stale Legislature.
NOW. THI~REFORB. BE IT RESOLVED BY TI-IR BOARD OF C'OLrNTY
COMMISSIONERS OF DADE COUN3T. Ft~R[DA, that this Board hereby'urges ~c State
Legislature to enact the appropriate legislation to prohibit the use o£cellular phoaes while
operating a moving minor vehicle. .. - '
Effective: The Clmiqx~r~on thercupon declared the regolution duly passed and adopted this I?tlt day o£
D~elRbcI', ! 9~'*. This resolution shall bccome eR'cctiv¢ ton (itl) days after lbo date of ils
adopliott unleSs, veJoed by lira Mayor. and irvctoed, shall become effective only upon an
override by this B~ard.
MIAMI DALLY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookle Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Daily Business
Review f/k/a Miami Review, a dally (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Dada
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice In the matter of
CITY OF AVENTURA
AN ORDINANCE AMENDING
ORDINANCE NO. 96-18,
ETC. - JAN. 21, 1997
in the ........... ~.~ ..................... Court,
was published in said newspaper In the issues of
Jan 9, 1997
Affiant further says that the said Miami Daily Bustness
Review I$ a newspaper published at Miami in said Dede
County, Florida, and that the said newspaper has heretofore
been continuously published in said Dada County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the pest
office In Miami In said Dada County, Florida, for a period of
one year next preceding the first publlcattan of the attached
copylPt~j~~o vertlsement; and affiant further says that she has
nstth nor promised any person, firm or corporation
any ~locoJfnt, rebate, commission or refund for the purpose
· 9 Swo&t~] ~nad ~u~scdbed before me t~7
...... day of ........................ , A.D. 19 ......
(SEAL) I .[~RY P//. OFFICfAL NOTARY SEAL ·
J ~F F%TM APR. 12,2000 j
PUBLIC NOTICE OF
PROPOSED ORDINANCES
.OF THE CITY OF AVENTURA
NOTICE IS HEREBY GIVEN that on Tuesday, the 21st da~' of
Jahba~; 1997, at ~t;n9 of the Clty~ooncifof the City of
to be held at 7:00 p.m. in the Council Meeting Room at the Columbia .
Aventura Hospital and Medical Center, 21110 Biscayne Boulovard,
Suite 101, A~mntura, Florida, the City Coun~l will consider the adop-
tion or,he following Ordinances on second reading, entitled:
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 AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA
ADOPTING THE SOUTH FLORIDA BUILDING CODE AS
THE BUILDING CODE FOR THE CITY; PROVIDING FOR
CONFLICTS: PROVIDING FOR SEVERABILITY, INCLU-
SION IN THE CODE AND AN EFFECTIVE DATE.
The proposed Ordinances may be insp~ed by the public at the Of-
rice of the City Clerk, 2999 N.E. 191st Street. Suite 500. Aventura.
Florida. Interested parties may appear at,he Public Hearing and be
heard with respect to the proposed Ordnances. Any demon wishing to
address the City Council on any item at this Public Hearing is asked to
register with the City Clerk pdor to that itarffbeing heard.
In accordance with the Americans with*~isabllides Act ol 1990, all
persons who are disabled and who need special accommodations to
participate in this proceeding because of that disability should contact
the Office of the City Clerk, 466-8901, not later than two business days
pdor to such proceedings.
If a person decides to appeal any decialon maoe oy the City Council
with respect to any matter conaldered at a meeting or hearing, that
person will need a record of the proceedings and, for such purpose,
may need to ensure that a verbatim record of the proceedings is
made. which record includes the testimony and evidence upon which
the appeal is to be based,
Dated this 9th day ot January, 1997.
Teresa M. Smith. CMC
City Clerk
1/9 97-4-010906M