05-02-2000 CC Meeting AgendaCommission Agenda
May 2, 2000
MAYOR ARTHUR [ SNYDER
COMMISSIONER ARTHUR BERGER
COMMISSIONER JAY R. BESKIN
COMMISSIONER KEN COHEN
COMMISSIONER HARRY HOLZBERG
COMMISSIONER JEFFREY M. PERLOW
COMMISSIONER PATRICIA ROGERS.LIBERT
CITY MANAGER ERIC M. SOROKA
CITY CLERK TERESA M. SOROKA, CMC/AAE
CITY ATTORNEY WEISS SEROTA HELFMAN PASTORIZA F~ GUEDES
City Commission
Arthur I. Snyder, Mayor
Arthur Berger
Jay R. Beskin
Ken Cohen
Harry Holzberg
Jeffrey M. Perlow
Patricia Rogers-Libert
City Manager
Eric M. Soroka
Civy Clerk
Teresa M. Soroka, CMC/AAE
City Attorney
Weiss Serota Helfman
Pastoriza & Guedes
AGENDA
May 2. 2DDD - 6 PM
Biscayne Medical An~s Building
21110 Biscayne Boulevard Suite 101
Aventura, Florida 33180
~l. CALL TO ORDERLROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ZONING HEARINGS - SPECIALLY SET BY COMMISSION FOR 6 P.M.
QUASI4LrDICIAL PUBLIC ItEAR1NGS - Please be advised that the following items
on the Commission's agenda are quasi-judicial in nature. If you wish to object or
comment upon these items, please indicate the item number you would like to address
when the announcement regarding the quasi-judicial item is made. You must be sworn
before addressing the Commission, and if you wish to address the Commission, you may
be subject to cross-examination~ If you refuse to submit to cross-examination, the
Commission will not consider what you have said in its final deliberations.
DISCLOSURE OF ANY EX-PARTE COMMUNICATIONS
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, GRANTING A REQUEST FOR
UNUSUAL USE APPROVAL TO PERMIT A PARKING AREA
FOR EMPLOYEES AND THE STORAGE OF RENTAL
VEHICLES IN A ZONE MORE RESTRICTIVE THAN THAT IN
WHICH THE USE IT SERVES IS LOCATED FOR THAT
PROPERTY LOCATED AT 17800 BISCAYNE BOULEVARD;
PROVIDING AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR
GATEWAY COUNTRY STORES, INC., LOCATED AT 21175
BISCAYNE BOULEVARD, TO PERMIT A SECOND WALL SIGN,
SIZE NOT TO EXCEED 65 SQUARE FEET ON THE NORTH
ELEVATION, WHERE ONE WALL SIGN IS ALLOWED BY
CODE; PROVIDING AN EFFECTIVE DATE.
4. APPROVAL OF MINUTES:
Commission Meeting
Special Meeting
Commission Workshop
April 4, 2000
April 18, 2000
April 18, 2000
$. AGENDA: Request for Deletions/Emergency Additions
6. SPECIAL PRESENTATIONS: None.
CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are
not expected to require discussion or review. Items will be enacted by one motion. If discussion is
desired by any member of the Commission, that item must be removed from the Consent Agenda and
considered separately.
MOTION TO REJECT ALL BIDS TENDERED FOR BID NO. 00-
04-18-3 COUNTRY CLUB DRIVE SAFETY IMPROVEMENTS
AND AUTHORIZING THE CITY TO NEGOTIATE WITH THE
LOW BIDDER AND TO PRESENT THE CONTRACT FOR
COMMISSION APPROVAL.
(Authorizes City Manager to negotiate with Iow bidder to obtain a
lower contract amount)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, EXPRESSING ITS CONCERN
REGARDING RAILROAD SAFETY, SUPPORTING RAILWATCH
IN ITS EFFORTS OF PUBLIC EDUCATION ABOUT RAILROAD
SAFETY; AND PROVIDING AN EFFECTIVE DATE.
(Expresses support for Railwatch and Railroad Safety)
A RESOLUTION OF THE CITY COMMSSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER
TO EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN
AGREEMENT BETWEEN THE CITY OF AVENTURA AND
WALLACE ROBERTS TODD, ATTACHED HERETO, FOR
CONSULTING SERVICES IN THE PREPARATION OF A
CONCEPTUAL PLAN AND ECONOMIC FEASIBILITY
ANALYSES FOR THE LOEHMANN'S PLAZA/THUNDER ALLEY
DISTRICT REDEVELOPMENT; AND PROVIDING AN
EFFECTIVE DATE.
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8. PUBLIC
9. PUBLIC
A.
(Authorizes City Manager to execute agreement to prepare Town
Center Redevelopment Plan)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA URGING THE STATE LEGISLATURE
TO CONTINUE AUTOMOBILE EMISSIONS TESTING
PROGRAM FOR VEHICLES 4 YEARS AND OLDER AND
TRUCKS, BUSES AND OTHER VEHICLES NOT PRESENTLY
INCLUDED IN THE PROGRAM OR, IN THE ALTERNATIVE, TO
DISCONTINUE THE PROGRAM IN ITS ENTIRETY; AND
PROVIDING AN EFFECTIVE DATE.
(Expresses support for continuing automobile emissions testing
program for vehicles 4 years and older and trucks, buses and other
vehicles not presently included in program)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, REQUESTING THE MIAMI-DADE
COUNTY COMMISSION AND PUBLIC WORKS DEPARTMENT
INSTALL AN EAST LEFT TURN SIGNAL AT THE
INTERSECTION OF NE 34TM AVENUE AND COUNTRY CLUB
DRIVE TO ADDRESS CRITICAL TRAFFIC SAFETY
CONCERNS; AND PROVIDING AN EFFECTIVE DATE
(Urges County to install an east left turn signal at NE 34th Avenue
and Country Club Drive)
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DECLARING THE ACQUISITION OF A
CERTAIN 3.9+ ACRE PARCEL OF VACANT PROPERTY
LOCATED AT THE SOUTH SIDE OF NE 188TM STREET WEST
OF DUMBFOUNDLING BAY AND EAST OF U.S.1 IN
AVENTURA, FLORIDA TO BE A PUBLIC NECESSITY IN
ORDER TO PROVIDE FOR A PROPOSED CITY OF AVENTURA
PARK FACILITY; AUTHORIZING THE EMPLOYMENT OF
APPRAISERS; AND AUTHORIZING THE FILING OF EMINENT
DOMAIN PROCEEDINGS; PROVIDING FOR AN EFFECTIVE
DATE.
(Authorizes eminent domain proceedings to obtain additional park
property south of the Huber tract)
HEARING: ORDINANCES - FIRST READING: None.
HEARING: ORDINANCES - SECOND READING:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CITY'S LAND DEVELOPMENT
REGULATIONS, ENACTED BY ORDINANCE 99-09, BY
3
AMENDING CHAPTER 9 - SIGN REGULATIONS, SECTION
901.7(b) CONCERNING WALL SIGNS ON OFFICE AND HOTEL
BUILDINGS; PROVIDING FOR SEVERABILITY, INCLUSION IN
THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CITY CODE BY AMENDING CHAPTER 2
"ADMINISTRATION;" ARTICLE IH "ADVISORY BOARDS," BY
AMENDING DIVISION 2 "BEAUTIFICATION ADVISORY
BOARD," BY AMENDING PARAGRAPH (B) OF SECTION 2-124
"RULES OF PROCEDURE; OFFICERS; VOTING," AND
DIVISION 3 "RECREATION AND CULTURAL ARTS ADVISORY
BOARD," BY AMENDING PARAGRAPH (B) OF SECTION 2-154
"RULES OF PROCEDURE; OFFICERS; VOTING" TO CLARIFY
THAT EACH BOARD SHALL ANNUALLY ELECT A
CHAIRMAN; PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE
DATE.
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CITY CODE (THE "CODE") BY AMENDING
CHAPTER 2, "ADMINISTRATION," ARTICLE V, "CODE
ENFORCEMENT," SECTION 2-339 OF THE CODE, "CONTENTS
AND SERVICE OF WARNING," AND SECTION 2-340 OF THE
CODE, "CONTENTS AND SERVICE OF NOTICE," PROVIDING
FOR SERVICE TO COMMERCIAL PREMISES AND PROVIDING
A PROCEDURE FOR NOTICE OF TRANSFER OF PROPERTY
SUBJECT TO CODE ENFORCEMENT PROCEEDINGS;
AMENDING SECTION 2-343 OF THE CODE, "PENALTIES FOR
VIOLATIONS, CONTINUING VIOLATIONS, AND REPEAT
VIOLATIONS," PROVIDING FOR A FINE OF UP TO $5,000 FOR
IRREPARABLE VIOLATIONS; PROVIDING THAT THE CITY
MAY CORRECT OR REPAIR A VIOLATION THAT PRESENTS
A SERIOUS THREAT TO THE PUBLIC HEALTH, SAFETY, AND
WELFARE; AUTHORIZING THE CITY TO CHARGE THE
VIOLATOR WITH THE COSTS OF REPAIRS; AMENDING
SECTION 2-344 OF THE CODE, "RECOVERY OF UNPAID
PENALTIES; UNPAID PENALTY TO CONSTITUTE LIEN;
FORECLOSURE OF LIEN," PROVIDING THAT THE CITY MAY
INITIATE LEGAL PROCEEDINGS TO RECOVER A CODE
ENFORCEMENT LIEN IN THE FORM OF A MONEY
JUDGMENT; AMENDING SECTION 2-346 OF THE CODE,
"PROVISIONS OF ARTICLE SUPPLEMENTAL," PROVIDING
THAT THE PROVISIONS OF ARTICLE V ARE SUPPLEMENTAL
AND CUMULATIVE TO ALL OTHERS; PROVIDING FOR
4
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR EFFECTIVE DATE.
10. RESOLUTIONS: None.
11. OTHER BUSINESS:
DISCUSSION AND POSSIBLE MOTION TO CONSIDER E-
COMMERCE RESOLUTION (Commissioner Rogers-Libert)
12. REPORTS
13. PUBLIC COMMENTS
ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS:
Commission Workshop
Commission Meeting
*Government Center 2999 NE 191~ Street SuiteS00
May 23, 2000 9 a.m.*
June 6, 2000 6 p.m.**
**Biscayne Medical Arts Building 21110 Biscayne Blvd. Suite 101
5
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
DATE:
r
evelopment Direfd
TO: City Commission
FROM:
BY:
Brenda Kelley, Co
April 14, 2000
SUBJECT: Request of Drew Wolf, Inc. for Unusual Use approval to permit a parking
area for employees and the storage of rental vehicles in a zone more
restrictive than that in which the use it serves is located. (03-UU-99)
May 2, 2000 City Commission Meeting Agenda Item 3 A
RECOMMENDATION
It is recommended that the City Commission:
1. Deny the request for Unusual Use in that the request is not consistent with the
criteria speCified in Section 33-311 (d) of the Miami-Dade County Code;
or in the alternative -
2. Determine that the application should have been closed due to inactivity and
should now be processed under the City's Land Development Regulations
pursuant to Section 801.1.2.
THE REQUEST
The applicant, Drew Wolf, requests Unusual Use approval pursuant to Miami-Dade
County Code to permit a parking area for employees and the storage of rental vehicles
in a zone more restrictive than that in which the use it serves is located. The applicant
proposes to locate a 25-foot by 225-foot parking lot within the right-ot-way ot the Florida
East Coast Railroad south of his existing business located at 17800 Biscayne
Boulevard. (See Exhibit #1 for Letter of Intent and Exhibit #2 for Location Map)
BACKGROUND
OWNER OF PROPERTY
Florida East Coast Railroad
ADDRESS OF PROPERTY
17800 Biscayne Boulevard
LEGAL DESCRIPTION
A portion of the East % of Section 9, Township
52 South, Range 42 East, Miami-Dade County,
Florida, more particularly described as follows:
A tract of land 25.00 feet in width within the
Florida East Coast Railroad right-of-way lying
westerly of, and adjacent to, Lots 13 and 14 of
MAULE FEDERAL HIGHWAY INDUSTRIAL
SITES as recorded in Plat Book 46 at Page 55
of the Public Records of Miami-Dade County.
SIZE OF PROPERTY
Approximately 5,625 square feet (0.13 acres)
ZONING AT THE TIME OF APPLICATION
GU, Interim District
(Miami-Dade County Code)
EXISTING ZONING
U, Utilities District
FUTURE LAND USE DESIGNATION
AT THE TIME OF APPLICATION
Business and Office
EXISTING FUTURE LAND USE DESIGNATION Business and Office
Zoning (Dade County Code) -
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
GU, Interim District
GU, Interim District
GU, Interim District
BU-2, Special Business District
GU, Interim District
Zoning (City of Aventura Code)
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
U, Utilities District
U, Utilities District
U, Utilities Zoning
B2, Community Business District
U, Utilities District
Existing Use-
Subject property:
Property to the North:
Railroad Right-of-Way
Railroad Right-of-Way
2
Property to the South:
Property to the East:
Property to the West:
Railroad Right-of-Way
Commercial
Railroad Right-of-way
Future Land Use Designation - According to the City of Aventura Comprehensive
Plan, the following properties are currently designated as follows:
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Business and Office
Business and Office
Business and Office
Business and Office
Business and Office
The Site - The subject site is located south and west of the InterAmerican Car Rental
site located at 17800 Biscayne Boulevard.
Citizen Comments - The Community Development Department has received no written
citizen comments about this application.
HISTORY
The applicant received approval from the Aventura City Commission via Resolution 98-
50 (03-MA-97) to construct an automobile and light truck sales and rental agency at
17800 Biscayne Boulevard. In the same resolution, the applicant also received three
variances from various provisions of the Miami-Dade County Zoning Code. The site has
since been developed and is the present InterAmerican Car Rental agency. Included in
this site plan was a 25-foot wide section of land immediately adjacent to, and west of,
the land owned by the applicant. This land was leased by the applicant from the Florida
East Coast Railroad. Paved with a hard asphalt surface, it is used by the applicant to
store automobiles available for rent. (See Exhibit #3 for Detailed Location Map)
The applicant also leased land in the FEC right-of-way to the north and south of the
InterAmerican site to store vehicles. The City informed the applicant that approval was
only granted for the storage of vehicles immediately adjacent to the property. An
application requesting Unusual Use approval under the Miami-Dade County Code to
allow for off-site parking was submitted on February 18, 1999. The zoning in progress
date specified in Section 507.8.2(ii) is February 18, 1999. Section 507.8.2(ii) states:
"Zoning in progress shall not be applied to complete and pending
applications for development permits which have been filed with the City
before February 18, 1999."
The proposed site is west of, and adjacent to, a water retention pond owned by the
Florida Department of Transportation. The site is also owned by the Florida East Coast
Railroad. The original application requested approval to lease the land and use it for a
gravel-surfaced parking area for employees and rental vehicles.
City staff reviewed the application and provided preliminary comments on March 17,
1999. At that time staff determined that the request was inconsistent with Objective 1
and Objective 2 of the Conservation Goal of the Conservation and Coastal Management
Element of the City of Aventura Comprehensive Plan as follows:
Objective 1. The City shall continue to meet or exceed minimum air
quality standards for recognized air pollutants.
At the Development Review Committee meeting of March 17, 1999 the applicant was
requested by Staff to modify the proposed plans to replace the proposed crushed-rock
surface of the parking area with a hard concrete or asphalt surface incorporating a
stormwater drainage system. It was the concern of Staff that the proposed crushed-rock
surface could present a dust nuisance and lead to stormwater runoff and groundwater
pollution problems. The applicants subsequently indicated that the terms of their lease
did not permit such improvements. Miami-Dade County DERM monitors Total
Suspended Particulates (TSP) as one of six components of its air pollution program.
Objective I of the Conservation subelement acknowledges that the City has a
responsibility to discourage uses that could degrade monitored air standards. Therefore,
the approval of an unpaved, gravel-surfaced parking lot would not be consistent with
this responsibility.
Objective 2. The City shall maintain local surface and ground water
quality to equal to or better than existing levels for recognized
pollutants.
Subsequent to the Development Review Committee meeting of March 17 1999, the
applicant's engineer submitted calculations to the City indicating that the proposed
parking lot could absorb 4.7 inches of rainfall in one hour before off-site flow would
occur. Such rainfall does not constitute a major storm event. Therefore, it is to be
expected that periodic runoff of stormwater would occur at regular intervals. Because of
its use as a parking lot, runoff could be expected to contain motor oil, gasoline and other
petroleum distillates washed from automobiles by rain and from fluids dripping from
parked vehicles. The Oleta River, a fresh water estuary, is located less than 500 feet
from the site. Even if stormwater was contained on-site, the permeability of the crushed-
rock surface would allow pollutants to be absorbed into the groundwater, which could
also affect the Oleta River estuary. This threat could be completely eliminated only
through the installation of a connection to an approved stormwater collection system
and the installation of a DERM-approved oil/sand separator.
DERM also provided review comments regarding 1) drainage plans shall provide for full
on-site retention of the stormwater runoff.., pollution control devices shall be required at
all drainage inlet structures; and 2) close proximity of the site to the Oleta River and
mangrove wetlands bordering the Oleta River; and 3) concerns with potential discharge
4
and spillage of pollutants associated with some land uses; and 4) the requirement of
operating permits for facilities that could be a source of pollution.
The applicant was advised to revise plans and resubmit the application prior to public
hearing.
Since those comments, City staff has sent three letters advising the applicant that the
file would be closed due to inactivity or of missing items from the application.
Subsequent to each letter the applicant requested additional time to address staff's
concerns and to leave the file active.
Throughout the review of the application, staff was informed that the FEC would not
allow drainage facilities to be installed within the right-of-way lease area. Only recently
did the applicant agree to pave the lease area and to construct sloping of the lease area
to an existing drainage system on the InterAmerican site. Staff acknowledges that
DERM has preliminarily approved this most recent proposal. Staff, however, continues
to be concerned that flooding of the site, being so close to the Oleta River, may allow
pollutants to overflow the site to the south and into the Iow lying wetland areas.
If the application were processed under the City's Land Development Regulations, a
public hearing would not necessarily be required, as the City Manager has the authority
pursuant to Section 801.1.2 to approve a parking facility located on a separate parcel
from the building it is intended to serve. However, the following conditions must be met:
· The parking facility must be located within 300 feet of the building it serves.
· The landowner of the primary building must enter into a written agreement with the
City whereby the parking area shall not be sold or disposed of except in conjunction
with the primary site.
· The off-site parking facility must be reasonably located to the primary site and have
good access to the primary building.
In addition, paragraph 801.1.5 requires all parking areas within the City to be hard-
surfaced and drained such that it will not create a nuisance. If the parking area required
any variances from the parking, site planning, engineering or landscaping specifications
of the LDRs, these would require a public hearing before the City Commission.
Consistency with Miami-Dade County Code
According to Section 33-311(d) of the Miami-Dade County Code, an Unusual Use
request should be evaluated using the following criteria:
1. The request would not have an unfavorable effect on the economy of Miami-Dade
County; and
The request would not have an unfavorable effect on the economy of the
City of Aventura or Miami-Dade County.
5
=
The request would not generate or result in excessive noise or traffic, cause undue
or excessive burden on public facilities, including water, sewer, solid waste disposal,
recreation, transportation, streets, roads, highways or other such facilities which
have been constructed or which are planned and budgeted for construction; and
The applicant proposes to visually screen the proposed parking lot from
Biscayne Boulevard by taking advantage of the City's existing landscaping
installed as part of the Biscayne IV project. No additional landscape
installation beyond that previously installed by the City is proposed.
Because of this, the applicant was requested by the Development Review
Committee to contribute a portion of the costs of installing and maintaining
this landscaping to the City. The applicant has declined to do so. Thus, the
applicant proposes to mitigate the visual impact of a private development
through the use of a publicly purchased improvement without contributing
to its expense or upkeep.
The request would not tend to create a fire or other equally or greater dangerous
hazards, or provoke excessive overcrowding or concentration of people or
population; and
The request would not tend to create a fire or other equally or greater
dangerous hazard, or provoke excessive overcrowding or concentration of
people or population above and beyond that which now exists, if any.
The necessity for and reasonableness of such applied for exception in relation to the
present and future development of the area concerned and the compatibility of the
applied for exception with such area and its development.
The proposed parking area is located approximately 500 feet from the
Oleta River. The negative impacts of any ground- or surface water
pollution may impact the river. The applicant currently owns land adjacent
to the InterAmerican Car Rental site at the corner of Biscayne Boulevard
and NE 179 Street. This land is unused except for an abandoned building,
the former Lipsticks Nightclub. This building is located to the north of the
existing InterAmerican building, in the opposite direction of the Oleta
River, and would be usable for the purpose desired by the applicant if the
present abandoned building were removed and suitable facilities installed.
Unlike the railroad land, no inherent constraints exist to prevent the paving
and installation of drainage because it is under the ownership and control
of the applicant. In light of this, the need for an Unusual Use approval
results from the lower cost to the applicant for installing a substandard
parking facility on the railroad right-of-way than to install a fully adequate
facility on the applicant's own land.
6
RECOMMENDATION
It is recommended that the City Commission:
1. Deny the request for Unusual Use in that the request is not consistent with the
criteria specified in Section 33-311 (d) of the Miami-Dade County Code;
or in the alternative -
2. Determine that the application should have been closed due to inactivity and
should now be processed under the City's Land Development Regulations
pursuant to Section 801.1.2.
CONDITIONS
Should the City Commission wish to approve the Unusual Use application, it is
recommended that the following conditions be applied:
STANDARD CONDITIONS
1. Plans shall substantially comply with those submitted as follows:
· "Sketch and Description," prepared by Manuel G. Vera and Associates. One page,
unpaginated, dated 02/02/00.
"Existing InterAmerican Car Leasing Site and F.E.C. Leased Land Parcels "C" and
"D" Plus Adjacent Parcel "E" Proposed Use--Variance," prepared by Arc-Tech
Associates. One page numbered SP-1 dated 01/26/99, revised 12/22/99.
PROJECT SPECIFIC CONDITIONS
1. The proposed parking lot shall be installed with a hard surface such as concrete or
asphalt, and shall be provided with a stormwater system connected to an approved
central stormwater system and installed with an approved oil/sand separator.
Applicant shall submit written evidence that such improvements have been
submitted to, and meet the approval of, the landowner and other regulatory agencies
prior to the issuance of building permits.
2. Applicant shall remit to the City of Aventura the sum of $3,955.00 to reimburse the
City for a portion of the expense of installing landscaping as part of the Biscayne IV
project that is to be used by the applicant to visually screen the proposed parking lot.
7
February 5, 1999
RECEIVED
FEB 1 8 1999
UO{V{~IUNFFY ~VELOPMENlr
Gentlemen,
I am requesting a public hearing for unusual use, for storage parking and employee
parking on an area of 25 by 400 feet, which is the Florida East Coast Railway right of way
that is contiguous to my approved site plan of resolution #98-50 dated July 16, 1998. The
approved site is presently occupied by hateramerican Car Rental whose previous location
was at 191't and Biscayne Boulevard. That location had a total square footage of 27000
square feet Our present location has less than 17000 useable square footage. This leased
FEC railway property is essential for the needs of Interamerican Car Rental. They have on
an average 250 rental contracts always outstanding to residents or people who work in the
City of Adventura. They are the only rental car company in Adventura and have been for
13 years. The excessive landscaping that is going to be installed along the DOT right of
way by the city is going to create a buffer that will make it virtually impossible to see the
rental cars on the other side from Biscayne Boulevard, The traffic that the operation
creates along Biscayne is very minimal and the closing of our operation and remov}l of the
walls would certainly have a much more negative impact on the city ff I were forced to lose
the tenant.
I request you look at our situation and I certainly hope that );ou understand the
automobiles that they park on the FEC right of way will not in an)' way negatively in,pact
the visual aesthetics of the city along the portion of Biscayne Boulevard. The city's design
coordinates with my design and has in no way compromised the city's high standards.
I feel that the continuation of this theme will be well regarded along the FEC parcel.
Thank you for your cooperation in regard to this matter.
EXHIBIT #1
03-UU-99
SITE
EXHIBIT #2i
03-UU-99
LEGEND
NORTH
Q
EXHIBIT #3
03-UU-99
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, GRANTING A REQUEST
FOR UNUSUAL USE APPROVAL TO PERMIT A PARKING
AREA FOR EMPLOYEES AND THE STORAGE OF
RENTAL VEHICLES IN A ZONE MORE RESTRICTIVE
THAN THAT IN WHICH THE USE IT SERVES IS
LOCATED FOR THAT PROPERTY LOCATED AT 17800
BISCAYNE BOULEVARD; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Applicant, Drew Wolf, through Application No. 03-UU-99,
requests Unusual Use approval pursuant to Miami-Dade County Code to permit a
parking area for employees and the storage of rental vehicles in a zone more restrictive
than that in which the use it serves is located. The applicant proposes to locate a 25-
foot by 225-foot parking lot within the right-of-way of the Florida East Coast Railroad
south of the existing business located at 17800 Biscayne Boulevard, in Aventura,
Florida; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances to the extent the application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Resolution No.
Page 2
Section 1. Application No. 03-UU-99 for Unusual Use approval pursuant to
Miami-Dade County Code to permit a parking area for employees and the storage of
rental vehicles in a zone more restrictive than that in which the use it serves is located,
for that property located at 17800 Biscayne Boulevard, and more legally described as:
A portion of the East ~ of Section 9, Township 52 South, Range 42
East, Miami-Dade County, Florida, more particularly described as
follows:
A tract of land 25.00 feet in width within the Florida East Coast
Railroad right-of-way lying westerly of, and adjacent to, Lots 13
and 14 of MAULE FEDERAL HIGHWAY INDUSTRIAL SITES as
recorded in Plat Book 46 at Page 55 of the Public Records of
Miami-Dade County.
is hereby granted subject to the following conditions:
STANDARD CONDITIONS
1. Plans shall substantially comply with those submitted as follows:
· "Sketch and Description," prepared by Manuel G. Vera and Associates. One page,
unpaginated, dated 02/02/00.
"Existing InterAmerican Car Leasing Site and F.E.C. Leased Land Parcels "C" and
"D" Plus Adjacent Parcel "E" Proposed Use~Variance," prepared by Arc-Tech
Associates. One page numbered SP-1 dated 01/26/99, revised 12/22/99.
PROJECT SPECIFIC CONDITIONS
1. The proposed parking lot shall be installed with a hard surface such as concrete or
asphalt, and shall be provided with a stormwater system connected to an approved
central stormwater system and installed with an approved oil/sand separator.
Applicant shall submit written evidence that such improvements have been
submitted to, and meet the approval of, the landowner and other regulatory
agencies prior to the issuance of building permits.
2. Applicant shall remit to the City of Aventura the sum of $3,955.00 to reimburse the
City for a portion of the expense of installing landscaping as part of the Biscayne IV
Resolution No.
Page 3
project that is to be used by the applicant to visually screen the proposed parking
lot.
Section 2. The City Manager is authorized to indicate such approvals and
conditions upon the records of the City.
Section 3. This Resolution shall be recorded in the Public Records of Miami-
Dade County, Florida, with the petitioner to pay the costs thereof.
Section4. This Resolution shall become effective immediately upon
adoption.
The foregoing Resolution was offered by
adoption. The motion was seconded by
vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 2"d day of May, 2000.
its
, who moved its
, and upon being put to a
ATTEST:
Arthur I. Snyder, Mayor
Teresa M. Soroka, CMC, City Clerk
Resolution No.
Page 4
APPROVED AS TO LEGAL SUFFICIENCY:
CITY A'I-FORNEY
This Resolution was filed in the Office of the City Clerk this __
day of
,2000.
CITY CLERK
DISCLOSURE OF VERBAL CONTACT
Ordinance 96-09
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City of Aventura City Commission Meeting Date !) s-/I121..1o-m
Agenda Item No. 3A-
Date of Verbal Communication:
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Identity of Person or Entity Makirg Communication:
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Subject and Substance of Communication:
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Respectfully,
Commissioner or Board Member
receiving communication:
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dayof .~.-- ,~2sW
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, City Clerk
Filed this ').-
DISCLOSURE OF SITE VISIT
INVESTIGATION AND EXPERT OPINION
Ordinance 96-09
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City of Aventura City Commission Meeting Date 51:2- /:<"060
Agenda Item No. 3k
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Date of Visit, Investigation or Receipt of Expert Opinion D 'f 1z..31;u,,)-,.,
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Nature of Contact (check as applicable)
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Substance of Contact: '
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Name rff
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CITY OF A VENTURA
Ordinance 96-09
Disclosure of Verbal Contact
Agenda Item: Item No. 'SA of I'1lJy J.., l.U()(;)
1..99"'_ agenda of the Aventura City Commission.
Date of Verbal Communication:
AP;<'L 'J..'11 :tooo
Identity of Person or Entity MaKing Communication:
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Subject and Substance of Communication:
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Respectfully,
Commission or Board
Receiving Communication:
A,"l7I1<1,2 P,,;-,-:;'6~ .2
Member
Name
i
Filed this ~ of
Signature
~~.
May 2, 2000
Ms. Brenda Kelley
Community Development Director
City of Aventura
A ventura, FL
Re: Mr. Drew Wolf - Unusual Use Approval to Permit a Parking Area
for Employees and Storage of Rental Vehicles, Portion of Parcel
"E", Near 17800 Biscayne Boulevard, A ventura, FL
Dear Ms. Kelley:
Environmental Resources Management (ERM) was retained by the
applicant, Mr. Drew A. Wolf, to review the proposed engineering plan for
" a parking lot improvement related to the InterAmerican Car Rental agency
facility located at 17800 Biscayne Boulevard. The land is specifically
referenced as a portion of parcel "E" owned by the Florida East Coast
Railway.
The purpose ofERM's review is to address comments by the City of
Aventura (Memorandum to City Commission dated April 14, 2000 by
Brenda Kelley) related to concern of a possible adverse environmental
affect from the proposed improvements.
Bruce Clark, ERM's representative, completed the following activities in
the preparation of this opinion:
. A visit to and walkover of the rental car facility, the parcel, and
surrounding area.
. Review of the engineering calculations and proposed Site Plan
prepared by Pistorino & Alam Consulting Engineers, Inc., dated
March 23, 2000 and December 22, 1999, respectively.
. Review of the City of Aventura (the City) Memorandum dated April
14,2000 from Eric Soroka and Brenda Kelley to the City Commission.
Mr. Clark is a Florida-licensed civil engineer with 22 years of professional
experience including design of storm water management systems in south
Florida since 1979.
Environmental
Resources
Management
5805 Blue Lagoon Drive
Suite 350
Miami, Florida 33126-2063
(305) 267-6667
(305) 267-1117 (fax)
II
ERM
Ms. Brenda Kelley
May 2, 2000
Page 2
BACKGROUND
The subject parcel is approximately 25 feet wide by 225 feet long,
generally level, and surfaced with crushed gravel. The parcel is used by
InterAmerican Car Rental for temporary storage of rental vehicles and
employee parking. Mr. Wolf was required by the City to hard surface the
parcel to comply with the City's fugitive dust control Comprehensive Plan
sub-element.
The City also has expressed concern that flooding of the site may allow
runoff containing pollutants (i.e. petroleum distillates leaking from the
parked vehicles) to overflow into the estuary and Oleta River south of the
" parcel.
In response, Mr. Wolf had the Site Plan prepared to indicate proposed
asphalt paving of the parcel and provisions for storm water management.
The Site Plan indicates storm water runoff will be directed from the parcel
into the storm drainage system on the adjacent InterAmerican lot.
FINDINGS
We offer the following comments for your consideration:
. Rental vehicles are on a scheduled maintenance program conducted at
an off-site facility. This program includes visual inspection of the
vehicles for fluid leaks and repairs to stop leaks, ifnecessary. This
program helps to reduce the potential for vehicles to drip petroleum
distillates and, in turn, reduce the potential contribution of pollutants to
the storm water runoff. We inspected the existing parcel on May 2,
2000 and saw no evidence of petroleum distillate leaks on the gravel
surfacing.
. The design of the parcel storm water management features is
consistent with accepted engineering principles, Dade County design
criteria, and appropriate environmental protection features. For
example:
The determination of the rate of storm water runoff for design
purposes is based on a 5-year return frequency which is the
standard for parking lots in Dade County.
Environmental
Resources
Management
Ms. Brenda Kelley
May 2, 2000
Page 3
The existing drainage system is equipped with a pollution control
device in the form of a DERM-approved oil separator/baffle on the
inlet structure. This is to prevent oily pollutants that may be in the
runoff from entering the ground water.
The parcel is designed with a 6-inch high concrete curb around the
east, south, and west sides and sufficient pavement slope and
elevation that will function to effectively contain and channel
storm water runoff from the parcel into the existing drainage
trench.
. The Site Plan provides for full, on-site retention of storm water runoff
in accordance with the Dade County Code. Storm water runoff is
" collected and discharged into a french (seepage) drain, which is an
acceptable method ofretention under the Dade County standards.
. We believe there would be no environmental benefits to the site or
surrounding area from requiring the parcel to have it's own dedicated
retention system.
. A field test performed by All State Engineering & Testing near the
existing drainage trench indicates the aquifer has the capacity to take
the additional calculated storm water runoff from the parcel without
flooding. The design storm water runoff rate was 6.7 inches per hour
(in.lhr.) which is a relatively intense storm. This is 50% greater than
the maximum recorded I-hour rate of 4.4 in.lhr. for the City of Miami
in 1933.
. It is widely accepted in Florida municipalities that the first I-inch of
storm water runoff from paved areas will effectively carry most of the
surface pollutants. The balance of runoff, if any, is considered to be
"clean", in the sense that remaining pollutant levels are not significant.
The site is designed, as is standard practice in south Florida, to capture
and contain this first I-inch of runoff on-site, and provide additional
capacity to contain prolonged periods of runoff.
In this case the parcel provides an additionaI5.7-inches of runoff
capacity. The significance of this is, if the parcel where to flood in a
Environmental
Resources
Management
Ms. Brenda Kelley
May 2, 2000
Page 4
unusually severe storm, the flood wa:er would not contain
significant amounts of pollutants, and as a result would not harm the
estuary or Oleta River to the south.
. Also attached is Dr. Sam Upchurch's memo to Bruce Clark discussing
more specifically the issue of ground water quality as it relates to
storm water runoff from paved areas. Dr. Upchurch is a recognized
expert in geo-chemistry and hydro-geology, having been a professor
and current practicing licensed professional geologist in Florida for
more than 30 years.
CONCLUSION
"
In summary, we believe the proposed Site Plan and improvements present
a reasonable and competent solution to effectively manage storm water
while at the same time, preserving the overall environmental qualities of
the area.
Please call us at (813) 622-8727 if we can be of further assistance in this
matter. We look forward to resolving this matter fairly and to the benefit
of the City and Mr. Wolf.
Sincerely,
t(;r-O!l--
Bruce 1. Clark, P .E.
Senior Engineer
Attachment
Copy: Drew A. Wolf
Michael 1. Snyder, Esq.
Environmental
Resources
Management
05-02-2131313 139:39
8136267794
EPM T3.mPa
Memorandum
TO' Broce Clark, P.E.
FROM:
Sam B. Upchurch, Ph.D., P.
May I, 2000
DATE:
RE: Impal:t of storm water on ground-water quality of proposed
parking area, 17800 Biscayne Blvd., Aventura, FL
I have reviewed the desisnpllUlll and the: City of Avcntum's comm=nts on the
proposed parking area at the above address. Assuming that (1) the 2S x 22S
foot area is paved; (2) stann water runoff will flow to the existing French
drain. which is fitted with an oil and grease interceptor; and (3) the storm
" water will be accepted by the drain, where it will be mixed with water
collected from the existing drainage basin of the drain.
It appears that any incremental increases in hydrocarbon concentrations will
be minor. Any significant concentration ofhydroc:arbons is typically entrained
in the first "flush" of water that accwnulates II11d flDW8 off a paved surface.
After this first pulse of constituents, there is little remaining to be washed into
the receiving water (in this case. the French drain). The stann water from the
proposed parking area will be mixed with other storm water before entering
the drain, th\lll reducing concentrations in proportion to the catchment areas.
The French drain is located in shallow limestone and calcareous sands. An
aquifer test on the site resulted in a hydraulic conductivity of 4.62xlO" ft3Js
per square foot for a head of 2 ft. This is a relatively high conductivity, and
dilution lI.Ild di&persion will further dilute the stann water as it passes into the
aquifer system.
The U.S. Geological Survey has monitored stonn water nmoff from several
runoff detection areas in Florida, including areas in Broward County and other
areas of south Florida. They have consistently found that dilution Is 1111
extremely important factor in ameliorating water quality in storm water.
Furthermore. they have determined that sandy soils have the capability of
retarding most other constituents, concentrating them in the upper few feet of
the soil.
Therefore, it appears that water quality in stonn water draining from a paved
surface populated with parked automobiles (1 assume that there will be no
J:eP8.ir or maintenance on the proposed parking area) should not be of concern.
F:\user\shared\DrewWolf.wpd
P.01
Envlronmentlll
Raoun:e.
Manapment
II
ERM
Ii/cagne Environmental. Inc.
Environmental and Land Development Consultants . Mitigation Design and Contracting
April 27, 2000
Via Hand Delivery
Ben Nwadike
Plan Review Section
Miami-Dade County DERM
111 NW First Street, Suite 1010
Miami, Florida 33128
RE: Interamerican Car Leasing Site
17800 Biscayne Boulevard, Aventura, Florida
Proposed Paving of F.E.C. Lease Area
BEl Project No. 2000-20
Dear Mr. Nwadike:
Please find attached three (3) copies of a plan for the proposed paving of a 225' X 25'
strip of land being leased from F.E.C. by Interamerican Car Leasing for car storage.
Also attached are three (3) copies of the drainage calculations and percolation test for
the exfiltration trench that will receive the runoff from the proposed paved area, and the
$100.00 review fee. The calculations confirm that the existing trench can accommodate
the proposed paved area and the maximum flow associated with a five (5) year storm
event. In addition, the existing trench exceeds FOOT rainfall intensity requirements for
sites adjacent to FOOT facilities.
I would appreciate it if you would review the attached plans and stamp them so that we
can obtain the necessary permits from the City of Aventura. I would also appreciate it if
you would sign below to confirm that the drainage system associated with the proposed
paved area meets all DERM pollution control requirements.
Thank you for your assistance regarding this matter.
"
Sincerely,
t'~r ;;'U!NVlRONMENT At. INC.
~i~~n
President
DE/gz
Attachment
cc: Drew Wolf
Manny Garcia, P.E. /
Michael Snyder, Esq. v'
9620 NE 2'" Avenue, Sutte 203 . Miami Shores, Florida 33138 . Telep one 305.759.0077 . 305.759.1799
05/02/00 !t'E 16: 39 FAX 3052796323
PISTORI~O AND ALAM
~OOl
~
PISTORINO & ALAM
CONSULTING ENGINEERS. INC.
May 2, 2000
City of Aventura
City Commissioners
2999N.E 191 Street Suite 100
Aventura, Florida JJ 180
Re:
Drew Wolf 17700 N.E. Biscayne BI\'d.
South Florida Buildin& Code
Dhposal of Rainwater Requirements Chapter 4611.1 Disposition of Rainwater
Honorable CommisSioners'
The P\llFOse of this letter is to advise you that the provisions of the SFBC as stated herein
were formulated to protect the public right-of-way and adjaeent landowners from the
di5<:harge of rainwater on private property. This provision requires that any owner or
tenant dispose of rainwater within their own property lines.
L'1 the case in hand the owner owns the property in which the rainwater runoff is being
disposed on as well as being the tenant of the property that is generating part of the
runoff The South Florida Building Code recognizes that a Tenant can be a lessee or
owner-occupult - Chapter 4. Therefore the land becomes under one ownership and the
rainwater is being disposed of on the same prh'ate property.
However, to fully comply with the Code, the Commission may consider requiring the
owner to re77sed parcel to its originlll condition upon vacating the lease.
Very ~
j/ ,1m C. "',000, FE
6401 S. VI. 87 Avenue, Suite /11 . MIami, F(orida3J/73
1305) 270-79JV' Fcu' (3051 279-6323
CITY OF A VENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
TO: City Commission
FROM:
Eric M. Soroka,
r
evelopment Directn
BY:
Brenda Kelley,
DATE:
April 1 0, 2000
SUBJECT: Request of Gateway Country Stores, Inc. for a Sign Variance to
permit a second wall sign where only one (1) wall sign is allowed by
Code (02-SV-OO)
May 2, 2000 City Commission Meeting Agenda Item .3 A
RECOMMENDATION
It is recommended that the City Commission deny the request for a Sign
Variance for a second Wall Sign in that it does not meet the criteria for granting
of variances in the City's Land Development Regulations.
THE REQUEST
The applicant, Gateway Country Stores, Inc., is requesting a Sign Variance to
permit one additional wall sign of approximately 65 square feet on the north
elevation of its retail store located on an outparcel of the Aventura Commons
Shopping Center. (See Exhibit #1 for Letter of Intent)
BACKGROUND
OWNER OF PROPERTY
Aventura Commons Associates, Ltd.
NAME OF APPLICANT
Gateway Country Stores, Inc.
LOCATION OF PROPERTY
21175 Biscayne Boulevard, Aventura
SIZE OF PROPERTY
Approximately 25 acres
LEGAL DESCRIPTION
LAND USE DATA
Tract "D", Aventura Commons, Plat
Book 151, Page 58 of the Public
Records of Miami-Dade County, Florida
Zoning -
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
B2, Community Business District
B2, Community Business District
OP, Office Park District
RS1, Residential Single Family District, and
RS2, Residential Single Family District
MO, Medical Office District
Existing Land Use -
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Retail Center
Vacant Land
Residential,
Vacant Land
Residential
Vacant Land,
Community (Religious)
Scattered Residential
Facility
Future Land Use-
Subject property:
Property to the North:
Property to the South:
Property to the East:
Property to the West:
Business and Office
Business and Office
Business and Office
Medium-High Density Residential
Business and Office
The Site - The subject site, Aventura
located on the east side of Biscayne Boulevard
213 Street. (see Exhibit # 2 for location map)
Commons Shopping Center, is
between NE 210 Street and NE
The Project- Gateway Country Stores, Inc. is planning to open a retail
center in a building located on an outparcel in the westerly portion of the
Aventura Commons Shopping Center site. The main building of the shopping
center is located to the east of the Gateway store and other outparcels are
located to the north and south. Gateway Country Stores, Inc. will share its
building with another retail store, Busy Body Home Fitness. (see Exhibit #3 for
detailed location map)
Citizen Comments- The Community Development Department has not
received any written or verbal citizen comments.
2
Analysis
Community Development Department Analysis -
Section 901.7(b) of the City's Land Development Regulations allows the
applicant one wall sign not to exceed 75 square feet on one elevation. The
applicant's submittal requests one primary wall sign of 52 square feet on the west
elevation and one additional wall sign of 65 square feet on the north elevation.
The applicant maintains that a wall sign on the elevation facing Biscayne
Boulevard is critical and that the second wall sign is needed to erect a sign over
its northerly entrance. The applicant further states that Busy Body, a tenant in
the same building, currently has two signs on its store and is requesting similar
approval. Finally, the applicant states that the former tenant, Visionworks, was
allowed two wall signs.
The Busy Body retail store was permitted two wall signs under a previous
definition of "through store". The current definition of "through store" in the City's
Land Development Regulations is a tenant with frontages (doors) on two
opposite sides but not corner locations. The Gateway store does not fit into this
definition, since its doors are not on opposite sides of the building.
The tenant that occupied this retail space prior to Gateway Stores was
Visionworks. Visionworks' application for a variance to permit a second wall sign
was denied by City Commission at the public hearing of May 4, 1999.
The additional wall sign requested is 65 square feet in area, larger than the
primary sign of 52 square feet. In those instances where the sign regulations
permit a second wall sign, the second sign is allowed to be one-half the size of
the primary sign. In this case, the tenant frontage of 75.6 square feet would
permit one sign not to exceed 75 square feet. One-half of that sign would be
37.5 square feet.
Criteria
The criteria for approval of Sign Variances as required by Section 901.10(h) of
the City of Aventura Land Development Regulations requires:
The Sign Variance maintains the basic intent and purpose of the
regulations; particularly as it affects the stability and appearance of the
City and provided that the variance will be otherwise compatible with the
surrounding land uses and would not be detrimental to the community. No
showing of unnecessary hardship is required.
The requested Sign Variance does not preserve or enhance the unique aesthetic
character of the City. Staff believes that the second sign would serve a function
3
that is primarily one of advertising or publicizing the store and its products. This
is not in keeping with the basic purpose of the City's sign regulations, which is to
allow signage that serves a legitimate directional purpose while discouraging
signage that functions primarily as a marketing or publicity device.
RECOMMENDATION
It is recommended that the City Commission deny the request for one additional
wall sign on the north elevation of the Gateway Country Stores, Inc. retail store in
that it does not meet the criteria for granting of variances found in the City's Land
Development Regulations.
CONDITIONS
In the event that the City Commission wishes to approve the request for the Sign
Variance, the following conditions are recommended:
Plans shall substantially comply with those submitted as follows:
· "Gateway Country: Gateway Country #40001401, 21175 Biscayne
Boulevard, Aventura, FL, prepared by Anchor Sign, dated 3/02/00"
Applicant shall obtain building permits for the signs within 90 days of
the date of this Resolution or the approvals granted shall be deemed
null and void unless extended by a motion of the City Commission.
PROJECTSPECIFIC CONDITIONS
1. One (1) wall sign with copy to read "Gateway Country" and "cow box" with
lettering and box combined not to exceed 75 square feet as permitted by Section
901.7(b) of the City's Land Development Regulations.
2. One (1) additional wall sign with copy to read "Gateway Country" and "cow
box" with lettering and box combined not to exceed 37.5 square feet, being 50%
of the size of the primary sign as allowed for corner and through locations.
3. No additional exterior signs be allowed on any wall of the Gateway Country
Stores, Inc.
4
,AnchorSigns,
March 30, 2000
Paulette Murray
City of Aventura
Senior Planner, Community Development Codes
2999 NE 191st Street
Suite 500
Aventura, FL 33180
RE Gateway Country
GW-40001401
21175 Biscayne Blvd.
Aventura, FL
Dear Ms. Murray:
Please find enclosed checks, an application, photos, and color renderings for the variance
proposed for the aforementioned new Gateway Country store.
As you may know Gateway is leasing space in an existing two tenant building located at 21175
Biscayne Blvd. The existing tenant, Busy Body Home Fitness, has'a sign on the side elevation of
the building facing Biscayne as well as a sign over their entrance facing the parking lot. The
tenant that occupied Gate~vay's space prior to Gateway had similar signage.
Gateway is requesting equal treatment in this regard. Naturally the signage on the elevation
facing Biscayne is critical to helping customers locate the store as they drive by. The ordinance
only allows one sign per building. By restricting Gateway to one sign that leaves them with no
sign over their entrance, which like Busy Body, faces the parking lot.
Gateway requests relief from this situation through a variance the result of which would cause no
public harm and in fact would greatly aid the public in identifying the store.
We thank you in advance for your cooperation and attention to this matter.
Best regards, ~
Darrell Edwards
Account Manager
EXHIBIT #1
02-SV-00
P.O. Box 6009oCharleston, SC 29405
Charleston [843) 747-5901 * Toll Free (800) 213-3331. Fax (843) 747 5907
Hospital
Center
20'i TER.
~,VENTURA
$1TI
YACHT CLUB DR.
CIR~
207 ST. --
Aventura Police
Department
Aventura Mall
192 ST,
188 ST.
l~jliarns
Little
Maule Sound
EXHIBIT #2
02-SV-00
LEGEND
Roadways
ZIP Code Boundar
Railroad
ITE
RECEI~/ED
t4AR ,3 0 I~§~
COhlMUNII~ DEVELOPMENT
AVENTURA COMMONS
EXHIBIT #3
02-SV-O0
jl
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, APPROVING A SIGN
VARIANCE FOR GATEWAY COUNTRY STORES, INC.,
LOCATED AT 21175 BISCAYNE BOULEVARD, TO
PERMIT A SECOND WALL SIGN, SIZE NOT TO EXCEED
65 SQUARE FEET ON THE NORTH ELEVATION, WHERE
ONE WALL SIGN IS ALLOWED BY CODE; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned B2, Community Business
District, a non-residential district; and
WHEREAS, the Applicant, Gateway Country Stores, Inc., through Application
No. 02-SV-00, has requested a sign variance to permit a second wall sign of
approximately 65 square feet on the north elevation of its retail store, where only one
wall sign is allowed by code; and
WHEREAS, following proper notice, the City Commission has held a public
hearing as provided by law; and
WHEREAS, the City Commission finds that the Application meets the criteria of
the applicable codes and ordinances to the extent the application is granted herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Application No. 02-SV-00 for Sign Variance, to permit a second wall
sign, size not to exceed 65 square feet on the north elevation of its retail store, where
only one wall sign is allowed by code, on property legally described as:
Resolution No.
Page 2
Tracts "D", Aventura Commons, Plat Book 151, Page 58 of the Public Records of
Miami-Dade County, Florida
aka
21175 Biscayne Boulevard
is hereby granted. This variance shall not be transferable to subsequent
tenants/owners.
Section 2.
adoption.
The foregoing Resolution was offered by
its adoption. The motion was seconded by
put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
This Resolution shall become effective immediately upon its
PASSED AND ADOPTED this 2nd day of May, 2000.
., who moved
, and upon being
Arthur I. Snyder, Mayor
ATTEST:
Teresa M. Soroka, CMC, City Clerk
Resolution No.
Page 3
APPROVED AS TO LEGAL SUFFICIENCY:
CITY A'I-rORNEY
This Resolution was filed in the Office of the City Clerk this __ day of
,2000.
CITY CLERK
15' 0'
/ ' Gateway
4T' · 28"
· COUNTRYf e"
65 sq ft
Sign B
28" Gateway to be internally illuminated individual channel letters
47" Cow Box to be an internally illuminated box sign
8' Country to be internally illuminated individual channel letters
Allowable signage 76 sq It
Actual si~na~e shown on this elevation = 65 sq It
**Note: (5/1/00)Variance Hearing
to get proposed sign,
i' ~ Gateway
26'-1'
Front Elevation - Facing North
Scale 7/8"
Gateway
Aventura, FL
75'-6"
Landlord approval
Date
3/02/00
AnchorSig n Drawrl by Shane £asby
· ' Gateway'
3'-1Q" 42" 25"
· COUNTRY'I T'
52 sq ft
SignA
Existing "Busy Body"
tenant space
Side Elcvation - Facing West
Scale//8"
~Gateway
*New doors would be added
for signage on this elevation
Gateway Country #40001401
55'-4"
Landlord approval
Date
3/02/0Q
21175
Biscayne
Blvd,
C 0 U N TRY ,~,~,,-,nc,,or.~ig n
Aventura, FL .....
Existiag Pylon 1
Sign A
Biscayne Blvd.
Ex~stmg Pylon 2
Sign B
Enlarqed for detail
o,,¢
o9¥
Landlord approval
Date
Conceptual Site Plan
Gateway
COUNTRY
Gateway Country #40001401
3/02/00
21175 Biscayne Blvd. nchor n ~evae,J Ax s c.i~ c,,,,obe//
Aventura, FL ........
Side elevation-West.
North elevation-Gateway's storefront
Southwest elevation occupied
by Busy Body Home Fitness.
South elevation-Busy Body's
storefront.
Side elevation-East..
Existing multi-tenant sign.
Existing multi-tenant sign.
JON
e.
C'4)..ofEx~
City of Aventura City Commission Meeting Date S 1;..../.l.08i)
Agenda Item No. J-6
Date of Visit, Investigation or Receipt of Expert Opinion 5"11/2..J;;D
Nature of Contact (check as applicable)
~ Site Visit
D Investigation
D Expert Opinion
Substance of Contact:
(.~ ~.,L t \h.f?r/ 4.-
Identity of Person Participating in Contact:
t{,. ~ s. 7; 1f, _cb?~
IV Pr--L-
Respectfully,
Name
rd Member:
, t!",
Signatur
Filed this '1
day of
, 1-W9:".2.clN
CITY COMMISSION MEETING
(following LPA hearing)
Biscayne Medical Arts Center
%~.~ 21110 Biscayne Boulevard Suite 101
~ Aventura, Florida
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:25 p.m. by
Mayor Arthur I. Snyder. Present were Commissioners 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. Soroka, and City Attorney
Richard Jay Weiss. As a quorum was determined to be present, the meeting
commenced.
2. PLEDGE OF ALLEGIANCE.
3. ELECTION OF VICE MAYOR: A motion to appoint Commissioner Perlow as Vice
Mayor until October 2000 was offered by Commissioner Beskin, seconded by
Commissioner Rogers-Libert and unanimously approved.
4. APPROVAL OF MINUTES: A motion to approve the minutes of the March 7, 2000
Commission meeting and March 27, 2000 Commission Workshop Meeting was
offered by Commissioner Rogers-Libert, seconded by Commissioner Beskin and
unanimously passed.
5. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
6. SPECIAL PRESENTATIONS: None
7. CONSENT AGENDA: Commissioner Berger requested removal of item 7D,
Commissioner Beskin requested removal of items 7G & 71 and Commissioner
Holzberg requested removal of item 7E, all from the Consent Agenda. Mr. Soroka
noted minor amendments to the Resolutions in 7C and 7E. A motion to approve the
remainder of the Consent Agenda was offered by Commissioner Rogers-Libert,
seconded by Vice Mayor Perlow, unanimously passed and the following action was
taken:
A. Resolution No. 2000-17 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CiTY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED LOCAL GOVERNMENT
COMPREHENSIVE PLANNING AND LAND DEVELOPMENT
REGULATION ASSISTANCE PROGRAM CONTRACT BETWEEN THE
STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND
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.
B. Resolution No. 2000-18 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF
MEMBERS TO THE CITY OF AVENTURA RECREATION AND
CULTURAL ARTS ADVISORY BOARD; AND PROVIDING AN
EFFECTIVE DATE.
C. Resolution No. 2000-19 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, SUPPORTING THE AVENTURA HOSPITAL
AND MEDICAL CENTER'S CERTIFICATE OF NEED APPLICATION
AND IMPLEMENTATION OF AN OPEN HEART SURGERY SERVICES
PROGRAM; AND PROVIDING AN EFFECTIVE DATE.
F. Resolution No. 2000-20 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT
FOR BID NO. 00-03-14-2, ELECTRICAL MAINTENANCE SERVICES TO
FLORIDA ELECTRIC SERVICE CO. INC. AT THE BID PRICES AS
CONTAINED IN EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO
EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY
MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO
CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE
APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID BID
AWARD; AND PROVIDING FOR AN EFFECTIVE DATE.
H. Resolution No. 2000-21 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CiTY OF
AVENTURA, FLORIDA, DECLARING CERTAIN PROPERTY LISTED
UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF
THE CiTY OF AVENTURA; DESCRIBING THE MANNER OF
DISPOSAL; AUTHORIZING CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION AND
PROVIDING AN EFFECTIVE DATE.
The following items were removed from the Consent Agenda and addressed
separately:
2
E=
Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, SUPPORTING THE NEED FOR A PLANNING
STUDY IN THE OJUS AREA; APPROVING THE APPOINTMENT OF
COMMISSIONER JAY R. BESKIN TO SERVE AS THE CITY'S UAISON
TO THE OJUS PLANNING STUDY COMMITTEE; AND PROVIDING AN
EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and
seconded by Commissioner Berger. An amendment was offered by
Commissioner Berger, seconded by Commissioner Rogers-Libert and
unanimously passed to amend the Whereas clause to provide that Ojus
lies on the western boundary of the City of Aventura. The motion for
approval, as amended, passed unanimously and Resolution No. 2000-22
was adopted.
Mr. Weiss read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, CONDEMNING ALL FORMS OF VIOLENCE
RELATED TO FIREARMS; URGING BUSINESSES TO ESTABLISH
"GUN FREE" ZONES; EXPRESSING THE NEED FOR GUN CONTROL
AND STATE AND FEDERAL LEGISLATION ADDRESSING PROBLEM
OF FIREARM RELATED VIOLENCE; PROVIDING FOR EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Rogers-Libert and
seconded by Commissioner Beskin. An amendment was offered by
Commissioner Holzberg and seconded by Commissioner Cohen to
remove Section 3 from the resolution. The amendment wes withdrawn.
The motion for approval passed unanimously and Resolution No. 2000-
23 was adopted.
Mr. Weiss read the following motion:
MOTION TO ACCEPT FOR FILING THE COMPREHENSIVE ANNUAL
FINANCIAL REPORT FOR THE FISCAL YEAR ENDED SEPTEMBER
30, 1999
A motion for approval was offered by Commissioner Perlow, and
seconded by Commissioner Rogers-Libert. Harry Kilgore, Finance Support
3
Services Director, addressed concerns of the Commission. The motion
for approval passed unanimously.
I. Mr. Weiss mad the following motion by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING RESOLUTION 96-38 WHICH DID
ADOPT A FEE SCHEDULE FOR BUILDING PERMITS, AS AMENDED
BY RESOLUTION 98-28; AUTHORIZING THE CITY MANAGER TO DO
ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and
seconded by Commissioner Perlow. Mr. Soroka noted a change in the fee
schedule - permit for air conditioning is a minimum fee of $60. Mayor
Snyder opened the public hearing. Them being no speakers, the public
hearing was closed. The motion for approval passed unanimously and
Resolution No. 2000-24 was adopted.
8. PUBLIC HEARINGS: ORDINANCES - FIRST READING:
A. Mr. Weiss mad the following ordinance by title:
AN ORDINANCE OF THE cl'rY OF AVENTURA, FLORIDA, AMENDING
THE CITY'S LAND DEVELOPMENT REGULATIONS, ENACTED BY
ORDINANCE 99-09, BY AMENDING CHAPTER 9 - SIGN
REGULATIONS, SECTION 901.7(b) CONCERNING WALL SIGNS ON
OFFICE AND HOTEL BUILDINGS; PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE
DATE.
A motion for approval, incorporating the testimony and amendments from the
preceding Local Planning Agency meeting, was offered by Commissioner
Rogers-Libert and seconded by Commissioner Cohen. Mayor Snyder opened
the public hearing. There being no speakers, the public hearing was closed. The
motion for approval, as amended at the Local Planning Agency meeting, passed
unanimously by roll call vote.
B, Mr. Weiss mad the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE BY AMENDING CHAPTER 2 "ADMINISTRATION;"
ARTICLE III "ADVISORY BOARDS," BY AMENDING DIVISION 2
"BEAUTIFICATION ADVISORY BOARD," BY AMENDING
4
PARAGRAPH (B) OF SECTION 2-124 "RULES OF PROCEDURE;
OFFICERS; VOTING," AND DIVISION 3 "RECREATION AND
CULTURAL ARTS ADVISORY BOARD," BY AMENDING PARAGRAPH
(B) OF SECTION 2-154 "RULES OF PROCEDURE; OFFICERS;
VOTING" TO CLARIFY THAT EACH BOARD SHALL ANNUALLY
ELECT A CHAIRMAN; PROVIDING FOR SEVERABIMTY; PROVIDING
FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Berger. Mayor Snyder opened the public hearing. There being
no speakers, the public hearing was closed. The motion for approval passed
unanimously by roll call vote.
C, Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE (THE "CODE") BY AMENDING CHAPTER 2,
"ADMINISTRATION," ARTICLE V, "CODE ENFORCEMENT," SECTION
2-339 OF THE CODE, "CONTENTS AND SERVICE OF WARNING,"
AND SECTION 2-340 OF THE CODE, "CONTENTS AND SERVICE OF
NOTICE," PROVIDING FOR SERVICE TO COMMERCIAL PREMISES
AND PROVIDING A PROCEDURE FOR NOTICE OF TRANSFER OF
PROPERTY SUBJECT TO CODE ENFORCEMENT PROCEEDINGS;
AMENDING SECTION 2-343 OF THE CODE, "PENALTIES FOR
VIOLATIONS, CONTINUING VIOLATIONS, AND REPEAT
VIOLATIONS," PROVIDING FOR A FINE OF UP TO $5,000 FOR
IRREPARABLE VIOLATIONS; PROVIDING THAT THE CITY MAY
CORRECT OR REPAIR A VIOLATION THAT PRESENTS A SERIOUS
THREAT TO THE PUBLIC HEALTH, SAFETY, AND WELFARE;
AUTHORIZING THE CITY TO CHARGE THE VIOLATOR WITH THE
COSTS OF REPAIRS; AMENDING SECTION 2-344 OF THE CODE,
"RECOVERY OF UNPAID PENALTIES; UNPAID PENALTY TO
CONSTITUTE MEN; FORECLOSURE OF LIEN," PROVIDING THAT
THE CITY MAY INITIATE LEGAL PROCEEDINGS TO RECOVER A
CODE ENFORCEMENT LIEN IN THE FORM OF A MONEY
JUDGMENT; AMENDING SECTION 2-346 OF THE CODE,
"PROVISIONS OF ARTICLE SUPPLEMENTAL," PROVIDING THAT
THE PROVISIONS OF ARTICLE V ARE SUPPLEMENTAL AND
CUMULATIVE TO ALL OTHERS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Cohen. Mayor Snyder opened the public hearing. There being
5
no speakers, the public hearing was closed. City Attorney to review concerns
expressed by Commissioners Perlow and Berger prior to second reading. The
motion for approval passed unanimously by roll call vote.
PUBLIC HEARINGS: ORDINANCES - SECOND READING:
A. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY'S LAND DEVELOPMENT REGULATIONS, ENACTED BY
ORDINANCE 99-09, BY AMENDING ZONING DISTRICT
REGULATIONS CONCERNING ABOVE GROUND FUEL STORAGE
TANKS SERVING EMERGENCY GENERATORS; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Cohen. Mayor Snyder opened the public hearing. There being
no speakers, the public hearing was closed, The motion for approval passed
unanimously by roll cell vote and Ordinance No. 2000-08 was enacted.
B. Mr. Weiss read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY CODE OF ORDINANCES BY CREATING SECTION 2-258
"SURPLUS PROPERTY" OF ARTICLE IV "FINANCE" OF CHAPTER 2
"ADMINISTRATION;" ESTABUSHING PROCEDURES FOR
PROPERTY DECLARED SURPLUS TO THE CITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR SEVERABIMTY; PROVIDING
FOR EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded
by Commissioner Cohen. Mayor Snyder opened the public hearing. Thero being
no speakers, the public hearing was closed. The motion for approval passed
unanimously by roll call vote and Ordinance No. 2000-09 was enacted.
C. Mr. Weiss road the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
THE CODE OF ORDINANCES OF THE CITY OF AVENTURA,
CHAPTER 2, ENTITLED "ADMINISTRATION" BY CREATING ARTICLE
VIII SECTIONS 2-400 - 2-412 ENTITLED "EMERGENCY
MANAGEMENT;" PROVIDING A FRAMEWORK FOR THE
DECLARATION OF EMERGENCIES, PROVIDING FOR DEFINITIONS,
AND AN EMERGENCY MANAGEMENT STRUCTURE; PROVIDING
6
10.
11.
12.
13.
14.
FOR A DECLARATION OF A STATE OF EMERGENCY, TERMINATION
OF A STATE OF EMERGENCY, POLICE EMERGENCIES, FIRE AND
HAZARDOUS MATERIALS EMERGENCIES, UTILITY EMERGENCIES,
WEATHER EMERGENCIES, THE SUSPENSION OF LOCAL BUILDING
REGULATIONS, AND THE CERTIFICATION OF EMERGENCY
CONDITIONS; PROVIDING FOR REPEAL, SEVERABILITY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Holzberg and seconded by
Commissioner Rogers-Libert. Mayor Snyder opened the public hearing. The
following individuals spoke: George Berlin, Turnberry & Associates; Joseph
Platnick, 18071 Biscayne Boulevard; and Leonard Geller. There being no further
speakers, the public hearing was closed. The motion for approval passed
unanimously by roll call vote and Ordinance No. 2000-10 was enacted.
RESOLUTIONS: None.
OTHER BUSINESS:
MOTION TO RECONSIDER AGENDA ITEM 9A - TELECOMMUNICATIONS
ORDINANCE - OF THE FEBRUARY 1, 2000 COMMISSION MEETING
(Commissioner Berger)
The motion was offered by Commissioner Berger, seconded by Commissioner
Perlow and unanimously passed. This matter to be addressed at April Workshop
meeting.
REPORTS: As presented.
PUBUC COMMENTS: Adrian Bass, DelVista.
Commission scheduled next Workshop Meeting for April 18, 2000 at 9 a.m.
Mayor Snyder appointed Committee comprised of Commissioners Beskin (chair),
Rogers-Libert and Berger to recommend guidelines for discussion of issues at
Commission Meetings that have been considered at Workshop Meetings.
ADJOURNMENT: There being no further business to come before the
Commission at this time, after motion made, seconded and unanimously passed,
7
the meeting adjourned at 8:00 p.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a
meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based.
8
CITY COMMISSION MEETING
Government Center
.%~ 2999 NE 191s~ Street Suite 500
~ Aventura,
Florida
33180
The meeting was called to order at 9:00 a.m. by Mayor Arthur I. Snyder. Present were
Commissioners Arthur Berger, Jay R. Beskin, Ken Cohen, Harry Holzberg,
Commissioner Patricia Rogers-Libert, Vice Mayor Jeffrey M. Pedow, Mayor Snyder, City
Manager Eric M. Soroka, City Clerk Teresa M. Soroka, and City Attorneys David M.
Wolpin and Mitchell Bernstein. As a quorum was determined to be present, the meeting
commenced.
1. CALL TO ORDER
2. RESOLUTION: Mr. Wolpin read the following resolution by title:
A RESOLUTION OF THE CITY COMMISSION OF THE CiTY OF
AVENTURA, FLORIDA DECLARING THE ACQUISITION OF A
CERTAIN 2+ PARCEL OF VACANT PROPERTY LOCATED AT THE
SOUTH SIDE OF NE 188TM STREET WEST OF DUMBFOUNDLING BAY
AND EAST OF US 1 IN AVENTURA, FLORIDA TO BE A PUBLIC
NECESSITY IN ORDER TO PROVIDE FOR THE PROPOSED CITY OF
AVENTURA PARK AND CULTURAL CENTER FACILITY CENTER;
AUTHORIZING THE EMPLOYMENT OF APPRAISERS; AND
AUTHORIZING THE FILING OF EMINENT DOMAIN PROCEEDINGS;
PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Rogers-Libert and seconded by
Commissioner Beskin. An amendment was offered by Commissioner Perlow and
seconded by Commissioner Rogers-Libert to delete the words "and Cultural Center"
from the first Whereas clause. The amendment passed unanimously. An amendment
was offered by Commissioner Perlow and seconded by Commissioner Rogers-Libert to
provide in the resolution that the City has attempted to acquire the property through
arms-length negotiations with the current owner to no avail. The amendment failed, 2-5,
with Commissioners Perlow and Rogers-Libert voting yes. An amendment to increase
the size of the subject property to even the western line of the subject acquisition with
the Huber tract was offered by Commissioner Perlow, and seconded by Commissioner
Holzberg. The amendment passed 6-1, with Commissioner Beskin voting no. A motion
to defer this matter to the May Commission meeting was offered by Commissioner
Rogers-Libert, seconded by Commissioner Berger and unanimously passed.
3. ADJOURNMENT: There being no further business to come before the Commission,
the meeting adjourned at 9:45 a.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a
meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based.
2
CITY COMMISSION
TUESDAY, APRIL 18, 2000 9 AM
(following Special Commission meeting)
Government Center
2999 NE 191st Street Suite 500
Aventura, Florida
The meeting was called to order at 9:45 a.m. by Mayor Arthur I. Snyder. Present were
Commissioners Arthur Berger, Jay R. Beskin, Ken Cohen, Harry Holzberg, Patricia
Rogers-Libert, Vice Mayor Jeffrey M. Perlow, Mayor Snyder, City Manager Eric M.
Soroka, City Clerk Teresa M. Soroka, and City Attorney David M. Wolpin. As a quorum
was determined to be present, the meeting commenced.
1. ROW ORDINANCE: Mr. Wolpin suggested deferral of this item until after the end
of the current legislative session. An ordinance to be drafted for consideration at the
May workshop meeting.
2. CAUSEWAY SAFETY IMPROVEMENTS: At the direction of the Commission,
Lehman Causeway safety was addressed by City engineers and two alternatives were
suggested and discussed by the Commission. Consensus to proceed with Alternative A
and defer Alternative B for future consideration.
3. LEBOWlTZ MEMORIAL: Commission discussed erecting gazebo in Waterways
Park in memory of Eugene Lebowitz, subject to his family's approval. Commission
discussed setting guidelines for erecting memorials within the City, including length of
residency, amount of donation, and that the honoree be deceased. Resolution to be
drafted for consideration at the May Workshop meeting.
4. OFFICE BUILDING SIGNS: Mr. Soroka advised the Commission that City Code
Section 901.11(b)(3) allows non-conforming office building wall signs that registered
with the City to be continued as an exception to the amortization schedule and provided
a list of existing office building wall signs that are permitted to remain. Consensus to
amend regulations to delete office wall building signs and provide an additional 3-year
amortization period for compliance.
5. EMISSIONS TESTING: (Mayor Snyder) Mayor Snyder noted that emissions testing
program may be eliminated or drastically reduced through legislative action. Consensus
to prepare resolution supporting emissions tests for vehicles 4 years and older and
trucks, buses and other vehicles not currently tested, or eliminate program in its entirety.
6. DEFIBRILLATORS: (Commissioner Berger) Commissioner Berger introduced Ms.
Combs, representative of Complient, a company which offers comprehensive
environmental, health and safety solutions to its clients and requested that the
Commission deem Aventura as a heart-safe community, promoting educational
seminars and training in use of defibrillators. Consensus to proceed with generic
resolution, without support of specific company.
7. RAILROAD CROSSING ISSUES: (Commissioner 8erger) Commissioner Berger
suggested City Manager contact FDOT to make certain safety improvements to the
railroad crossings and FEC to contribute funds therefore so that quiet zones may be
established by the City for stoppage of train whistles. In addition, he suggested City
Manager be directed to submit comments to FRA prior to May 26, 2000 regarding
environmental statement; provide for police preparedness in the event of a train
disaster; and passage of resolution as prepared by Railwatch.
8. OTHER BUSINESS: Due to adverse condition of the road, City Manager to review
suggestion to close NE 185r" Street during present construction.
Noting a request he received from a condominium president within the City, Mayor
requested City Manager survey other cities regarding citizen awards and qualifications
therefore.
9. BOARD REPORTS: None
ADJOURNMENT: There being no further business to come before the Commission at
this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 11:40 a.m.
Teresa M. Soroka, CMC, Ciiy Clerk'
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a
meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based,
2
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
Eric M. Soroka,
TO:
City Commission
DATE:
April 24, 2000
SUBJECT: Bid No. 00-04-18-3, Coun Club Drive Safety Improvements
May 2, 2000 City Commission Meeting Agenda Item .!1..!l
RECOMMENDATION
It is recommended that the City Commission approve a motion to reject all bids
tendered for the subject project and authorize the City Manager to negotiate with the
low bidder to obtain a lower price to be determined by value engineering.
BACKGROUND
The subject project is included in the Capital Improvement Program for the current fiscal
year and involves the following components:
1. Driveway safety improvements for condominiums along Country Club
Drive.
2. Water fountains along the exercise path on Country Club Drive.
3. Security lighting along the exercise path on Country Club Drive.
The wall along the south side of the project is not included in the bid.
The original budget for the project was $600,000. The security lighting has been
purchased at a cost of $159,000 and engineering fees of $18,000 have been paid to
date. The current balance is $423,000.
Memo to City Commission
Page 2
The Iow bid was $756,889.13 and does not include the wall components with its
lighting. Staff feels that by value engineering the project with the Iow bidder, the cost
can be reduced. The Iow bidder is a reputable firm that has worked on City projects in
the past.
The negotiated contract would be presented at the next meeting for the approval of the
City Commission
Therefore, based on the foregoing, it is recommended that the City Commission
authorize the Administration to negotiate with the Iow bidder.
EMS/aca
Attachment
CC0870-00
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission ~ (~7~/
FROM: Eric M. Soroka, City M ,
DATE: April 20, 2000
SUBJECT:
Resolution Concerning Railroad Safety and Supporting Railwatch
May 2, 2000 City Commission Meeting Agenda Item ~
Attached hereto, please find the subject Resolution as
Commission at the April Workshop Meeting.
EMS/aca
Attachment
CC0868-00
requested by the
City
RESOLUTION NO. 2000-__
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, EXPRESSING ITS CONCERN
REGARDING RAILROAD SAFETY, SUPPORTING RAILWATCH
IN ITS EFFORTS OF PUBLIC EDUCATION ABOUT RAILROAD
SAFETY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, there is a train accident every ninety minutes; and
WHEREAS, local city officials have no control over mile-long trains barreling
through their communities, which can block access to hospitals, fire stations and other
emergency services; and
WHEREAS, a train carrying hazardous materials goes off the tracks somewhere
in the United States roughly every 2 weeks, resulting in a spill and the evacuation of
people living nearby; and
WHEREAS, railroads reliance on antiquated safety technology jeopardizes the
safety of everyone, including railroad employees; and
WHEREAS, investigations have uncovered alarming safety violations including
defective train equipment, overworked employees, a lack of employee training, and
employees who are told not to report equipment defects or injuries; and
WHEREAS, according to the Federal Railroad Administration, more than 80% of
public railroad crossings are unprotected by lights and gates, and more than half of all
railroad crossings occur at these unprotected crossings; and
WHEREAS, RailWatch is a non-profit organization dedicated to educating the
public about railroad safety.
Resolution No. 2000-
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City of Aventura supports RailWatch and its efforts to educate
the public about railroad safety and holding the railroads accountable for railroad
safety.
Section 2. The City of Aventura authorizes its name to be used publicly by
RailWatch and joins RailWatch in calling for Congressional hearings on railroad safety.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
moved its adoption. The motion was seconded by
put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Patdcia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 2"4 day of May, 2000.
, who
, and upon being
ATTEST:
ARTHUR I. SNYDER, MAYOR
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Commission
Eric M. Soroka, City M~g,er Ag e~mentl
April 20, 2000
Resolution Authorizing Execution of ith Wallace
Roberts & Todd - Loehmann's Plaza / Thunder Alley District
Redevelopment Study
May 2, 2000 City Commission Meeting Agenda Item
It is recommended that the City Commission adopt the attached Resolution approving
the execution of the Agreement with Wallace Roberts & Todd for consulting services in
the preparation of a conceptual plan and economic feasibility analyses for the
Loehmann's Plaza Thunder Alley District Redevelopment. The study is being funded
from a grant obtained from the Department of Community Affairs.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0867-00
RESOLUTION NO. 2000-._.
A RESOLUTION OF THE CITY COMMSSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE AND OTHERWISE ENTER INTO
THAT CERTAIN AGREEMENT BETWEEN THE CITY OF
AVENTURA AND WALLACE ROBERTS TODD,
ATTACHED HERETO, FOR CONSULTING SERVICES IN
THE PREPARATION OF A CONCEPTUAL PLAN AND
ECONOMIC FEASIBILITY ANALYSES FOR THE
LOEHMANN'S PLAZA/THUNDER ALLEY DISTRICT
REDEVELOPMENT; AND PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Sect!on 1. The City Manager is authorized to execute and otherwise enter into
that certain Agreement between the City of Aventura and Wallace Roberts Todd for
consulting services in the preparation of a conceptual plan and economic feasibility
analyses for the Loehmann's Plaza/Thunder Alley District Redevelopment attached
hereto.
Section 2. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner ,
who moved its adoption. The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Resolution No. 2000-__
Page 2
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 2nd day of May, 2000.
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
BASIC SCOPE OF SERVICES
Loehmann's Plaza / Thunder Alley District Redevelopment
iNTENT
The purpose of the CONSULTANT Scope of Services is to provide the CITY with a conceptual
plan and economic feasibility analyses for pursuing redevelopment of the "Loehmann's Plaza /
Thunder Alley" District Area, as identified in the CITY'S comprehensive plan. The study will seek to
address the issue of redevelopment feasibility due to market and development economic factors.
TASK 1: DATA ARRAY
The CITY will supply all of the following information in its possession to the CONSULTANT
and CITY shall assist in securing such data, as applicable:
· Base maps showing property lines, building outlines and rights of way within the
proposed redevelopment area
· Comprehensive Plan and associated maps and analyses
· Aerial photos
· Maps, studies and data indicating conditions and deficiencies in infi:astructure (water,
sewer, stormwater) systems and in traffic circulation and parking.
TASK 2: PROJECT INITIATION / STAKEHOLDER INTERVIEWS
Following an initial CONSULTANT/CITY kickoff meeting to review materials collected by CITY
and review study procedure, CONSULTANT shall over a one (1) day period conduct a sequence of
brief interviews with key stakeholders. Stakeholders may include key staff, major business and
property owners, institutions, resident groups, development interests or others with an interest inthe
proposed redevelopment. CITY shall identify such stakeholders, schedule interviews and make
available a suitable meeting space.
TASK 3: PHYSICAL CONDITIONS OVERVIEW
The CONSULTANT will conduct a 'windshield survey' to identify readily observable conditions
within the proposed redevelopment area. With input from City's support technical staff, the
CONSULTANT will depict and describe physical and functional conditions including such factors as
building and site conditions, property dimensions, traffic and inficastructure deficiencies, etc. which
affect redevelopment potential in the area.
TASK 4: ECONOMIC CONDITIONS & TRENDS
A baseline assessment of market potentials for the redevelopment area will be prepared in several
steps to assess the dynamics of supply and demand within the area and potential capture rates for
housing, retail, entertainment and office. Mixed-use '~rban village" program options will be
determined. Specific tasks are delineated as follows:
Wallace Roberts & Todd Pacje I of 3
04/07/00
The market SUBCONSULTANT will define the area from which redevelopment in the Loehmann's
Plaza/Thunder Alley District will derive market support. SUBCONSULTANT will then review and
analyze secondary source data relating employment, population, household and household income
trends within the area and prepare projections of future growth. Based on this analysis, estimates of
the future demand for possible retail, office and residential development within the district will be
formulated.
In addition to determining the potential demand for redevelopment o f retail, office and residential uses
in the Loehmann's Plaza/Thunder Alley district, the SUBCONSULTANT will evaluate the
competitive environment in which such activity may occur. Toward this end, the
SUBCONSULTANT will survey the existing and proposed competitive projects within the area to
determine their salient characteristics and market performance in terms of occupancy/absorption and
rent/price. The SUBCONSULTANT will also study selected projects outside the defined market area
that may be instructive o f forms of development possible within the District that have not historically
occurred and are not proposed.
Once both the supply and demand characteristics of the market have been determined, the
SUBCONSULTANT will formulate a redevelopment program for the Loehmann's Plaza/Thunder
Alley district responsive to the market potentials identified. The redevelopment program will provide
recommendations regarding the appropriate mix of uses. It will also describe the salient characteristics
of the proposed uses (i.e. type, size and price of residential units, market orientation/concept of retail
uses including general tenant mix, typical floor size of office use, etc).
TASK 5: REVIEW MEET1NG ONE - PROJECT PARAMETERS
The CONSULTANT will present the findings from the physical and market analyses and guide the
process of defining project parameters. A review meeting will be held with City staff.
TASK 6: CONCEPT DEVELOPMENT
The CONSULTANT will articulate one or more concepts which will consider urban forms and
functional patterns appropriate for the redevelopment area addressing the following: land use
patterns; urban design concepts related to town center district; housing, office amd retail uses and
character; community facilities and linkages; and circulation issues.
TASK 7: REVIEW MEETING TWO - CONCEPT SELECTION
The concepts for urban form will be presented in a workshop for the purpose of defining a preferred
concept.
Wallace Roberts & Todd Page 2 of 3
O4/07/00
TASK 8: ILLUSTRATIVE PLAN
CONSULTANT will prepare a brief written report and graphic illustrative plan document and provide
a photo-ready original and up to ten copies of the report.
MEETINGS
Up to three (3) meetings / presentations are included in the Basic Scope of Services, as follows:
· Project initiation meeting with staff
· Review Meeting One: Project Parameters
· Review Meeting Two: Concept Selection
EXCLUSIONS AND LIMITATIONS
CONSULTANT services will not include legal or regulatory analysis or developmem suitabilities or
construction or engineering feasibility. CONSULTANT shall not be obligated to revise the analyses
or report documentation to reflect events or conditions, which occur subsequent to the date of
analysis or documemation.
FEE: Forty thousand dollars ($40,000).
1N WITNESS WHEREOF, the parties hereto, each have caused this Agreement to be executed by
their respective authorized agents as of the day of _, 2000.
For Wallace Roberts Todd (CONSULTANT)
191 Giralda Avenue, Penthouse
Coral Gables, FL 33134-5208
(305) 448-0788
For City of Avemura (CITY)
2999 NE 191 Street, Suite 500
Aventura, FL 33180
(305) 466-8900
Print Name
Title
Witness
Print Name
Title
Witness
Wa#ace Roberf$ & Todd Page 3 of 3
04/07/00
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, City Ma~e,~ r
DATE: April 20, 2000
SUBJECT:
Resolution Urging the State Legislature to Restart the Automobile
Emissions Testing Program
May 2, 2000 City Commission Meeting Agenda Item ~
Attached please find the subject Resolution as requested by the City Commission at the
April Workshop Meeting.
EMS/aca
Attachment
CC0869-00
RESOLUTION NO. 2000-__
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA URGING THE STATE
LEGISLATURE TO CONTINUE AUTOMOBILE EMISSIONS
TESTING PROGRAM FOR VEHICLES 4 YEARS AND
OLDER AND TRUCKS, BUSES AND OTHER VEHICLES
NOT PRESENTLY INCLUDED IN THE PROGRAM OR, IN
THE ALTERNATIVE, TO DISCONTINUE THE PROGRAM
IN ITS ENTIRETY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, clean air is essential to our quality of life and for the future
generations; and
WHEREAS, the Florida State Legislature is presently considering legislation
which would drastically reduce or eliminate auto emissions testing in Miami-Dade
County.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission urges the State Legislature to continue
emissions testing program for vehicles 4 years and older and for trucks, buses and
other vehicles not presently included in the emissions program or, in the altemative,
discontinue the program entirely.
Section 2. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner ,
who moved its adoption. The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Resolution No. 2000-.__
Page 2
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 2"d day of May, 2000.
ATTEST:
ARTHURI. SNYDER, MAYOR'
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
City of North Miami Beach, Florida
COUNCILMAN KENNETH A. DE FILLIPO
April 7, 2000
MAYOR ARTHUR SNYDER
& COMMISSIONERS
CITY OF AVENTURA
2999 NE 191 ST, STE 500
AVENTURA FL 331 $0
Dear Mayor and Commissioners:
Enclosed is a copy of an article that appeared in The Miami Herald on March 9,
2000, suggesting that Florida's auto emissions testing program be eliminated or
drastically reduced.
We are all aware that clean air is essential to our quality of life and for the future
generations.
I am asking for your support and assistance and urging you to retain the emissions
testing program as stated in the resolution.
Sincerely,
KENNETH A. DE FILLIPO
COUNCILMAN
KAD:ss
Enclosures
c: Mayor and Council, w/at
17011 Nfl:, 19 Avenue * North Miami Beach, Florida 33162-3100 o (305) 948-2986 · FAX (305) 787-6036 · INTERNET ID JDWS54F@ Prodigy. Com
From the Office of
VICE MAYOR
Ft ', O00
17011 N.E, 19th AVENUE
NORTH MIAMI BEACH, FLORIDA 33162
(305) 948-2986
FAX (305) 787-6036
MAYOR ARTHUR SNYDER
& COMMISSIONERS
CITY OF AVENTURA
2999 NE 191 ST, STE 500
AVENTURA FL 33180
Dear Mayor and Commissioners:
With reference to my letter of April 7, 2000, concerning Florida auto emissions, I
regret that we failed to include a copy of the enclosed news article which was
mentioned.
I apologize for this error and look forward to your cooperation on this issue.
Sincerely,
KENNETH A. DE FILLIPO
COUNCILMAN
KAD:ss
Enclosures
c: Mayor and Council, w/at
Emissions tests ·
can end, EPA says
Decision affects
, Federal regulators have giv-
en Florida tentative approval
for the elimination of auto
emissions tests in Miami-Dade,
Broward and other counties
along the state's Atlantic Coast,
a state environmental official
said Wednesday.
The Environmental Protec-
tion Agency's approval of the
plan puts the future of the
emissions tests into the hands
of this year's Florida Legisla-
ture, said Dotty Diltz, chief of
air monitoring for the state's
Department'of Environmental
Protection.
With approval of the EPA,
the state is free to stop testing
cars in Miami-Dade, Broward,
Palm Beach and Dural coun-
ties, where air quality now
meets federal standards, Diltz
said. (Monroe County does not
conduct auto emission tests.)
The EPA decision won't be fi-
nal until later this spring -- af-
ter the dec~sion is published in
the Federal Registe~r and the
Dade, Br0ward
public is given 30 days to com-.
ment on it, The Federal Regis-',
ter notice is expected to b~
published in a week or two.
The EPA's tentative decision
does not include the Tamp~
Bay area -- Pinellas and Hills*
borough counties -- where air
quality is still not up to snuff.
The state DEP plans to contln;
ue requiring emissions tests
there.
State Ser~ Ron Klein,
D-BOCa
Raton; Rep. Edward Healey, D"-
· Palm Springs, and Rep.
Fuller, R-lacksonville, ale
sponsoring bills t0 eliminat~
the tests, If the legislation paS~
es, the tests would end lnne 30.
Their legislation is opposed
by the American Lung Associ~
tion of Florida and the two
companies that have state con-
tracts to run the tests, Gord0m
Darby and Envirotest Technol-
ogies. Emissions tests are a $50-
million-a-year operation state-
wide.
CITY OF AVENTURA
TO:
FROM:
DATE:
SUBJECT:
OFFICE OF THE CITY MANAGER
MEMORANDUM
City Commission
Eric M. Soroka, C'
April 26, 2000
Resolution Urging Miami-Dade County to Install an East Left Turn
Signal at N.E. 34th Avenue
May 2, 2000 City Commission Meeting Agenda Item
Attached please find the subject Resolution as requested by the City Commission at the
last meeting. The Police Department has not received any new information on the
original request. Therefore, the Resolution is the next step in order to bring this
important issue to the attention of the County.
EMS/aca
Attachment
CC0871-00
RESOLUTION NO. 2000-__
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, REQUESTING THE
MIAMI-DADE COUNTY COMMISSION AND PUBLIC
WORKS DEPARTMENT INSTALL AN EAST LEFT TURN
SIGNAL AT THE INTERSECTION OF NE 34TM AVENUE
AND COUNTRY CLUB DRIVE TO ADDRESS CRITICAL
TRAFFIC SAFETY CONCERNS; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the intersection of NE 34TM Avenue and Country Club Drive is a
danger to the residents of the City of Aventura due to the lack of a left turn signal; and
WHEREAS, the City, on numerous occasions, has requested the Miami-Dade
County Public Works Department to add a left turn signal in order to address critical
traffic safety concerns, but to no avail; and
WHEREAS, the City Commission is requesting that the Miami-Dade County
Commission and the Public Works Department install the left turn signal before a
fatality from a traffic accident occurs at this location.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Commission of the City of Aventura respectfully requests
that the Miami-Dade County Commission and the Public Works Department install an
east left turn signal at the intersection of NE 34th Avenue and Country Club Drive.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Resolution No. 2000-__
Page 2
Section 3. This
adoption.
who
Resolution shall become effective immediately upon its
The foregoing Resolution was offered by Commissioner
moved its adoption. The motion was seconded by
, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 2"d day of May, 2000.
Commissioner
ATTEST:
ARTHURI. SNYDER, MAYOR
TERESA MSOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
TO:
DATE:
SUBJECT: Resolution Authorizing Eminent Domain Proceedings to Obtain
Additional Property South of the Huber Tract
May 2, 2000 City Commission Meeting Agenda Item .:1E
BACKGROUND
Attached is the Resolution authorizing Eminent Domain proceedings to acquire
additional property south of the Huber Tract. The Resolution has been revised to
incorporate the revisions discussed at the Commission Workshop Meetings.
As requested, the City's Engineers reviewed the existing Huber Tract dimensions to
determine the size of the property south of the Huber Tract to "square off' the property.
The Magnum Marine property necessary to "square off' the site is 3.9 acres (3.35
upland and .55 submerged) (see attached survey).
The original proposal was 1.7 acres upland and .3 submerged for a total of two acres.
Combined with the Huber Tract, which contains 3.3 acres of upland, it would have
provided a total of five acres.
ISSUES FOR CONSIDERATION
Cost I Impact on General Fund Reserve
It is estimated that the cost of the 3.9 acres would be approximately $4,000,000. The
proposed CIP document contains $2,000,000 for the original two acres.
Table 1 shows the five-year projected reserve amount as contained in the proposed
CIP to be reviewed next month. This assumes the purchase of two acres.
Memo to City Commission
Page 2
Table 2 shows the impact on the reserves over the five-year period of purchasing two
additional acres funded from the General Fund for a total of four acres.
Table 3 shows the impact on the reserves by financing the purchase via a bank loan to
be paid back over a ten-year period.
It should also be pointed out that the ClP does not contain funds to develop the park
site.
Severance Damaqes
The City Attorney has advised that the larger the property acquired the more severance
damages would be for the remaining parcel owned by Magnum Marine.
SchoolPrope~y
It is possible that the School Board may request the City's financial assistance in
obtaining property in the City, particularly if we shared recreational portions of a school
site. This should also be kept in mind as we consider obtaining a larger site.
Recommendation
Based on the impact on future General Fund Reserves its is recommended that the
City Commission proceed with caution in its deliberations regarding acquiring additional
property.
EMS/aca
Attachment
CC0872-00
TABLE 1
RECAP OF AVAILABLE RESOURCES vs PROPOSED APPROPRIATIONS
GENERAL CAPITAL IMPROVEMENT PROGRAM
2000/01 2001/02 2002/03 2003/2004 2004/05
TOTAL PROJECTED AVAILABLE RESOURCES
$17,479,303 $18,315,320 $17,962,163 $18,581,914
13,885,080 14,916,906 15,968,381 17,492,514
$18,857,642
18,765,644
PROJECTED OPERATING EXPENDITURES
TRANSFER TO GENERAL CAPITAL IMPROVEMENT
PROGRAM 3,594,223 3,398,414 1,993,782 1,089,399 91,998
BALANCE FROM PREVIOUS YEAR 6,097,000 5,999,223 6,668,832 7,067,767 7,264,506
TOTAL AVAILABLE RESOURCES FOR CIP 9,691,223 9,397,637 8,662,614 8,157,166 7,356,504
PAY-AS-YOU-GO PROPOSED APPROPRIATION - CIF 3,692,000 2,728,805 1,594,847 892,660
$5,999,223 $6,668,832 $7,067,767 $7,264,506
BALANCE IN CIP - END OF YEAR
1,707,000
$5,649,504
TABLE 2
RECAP OF AVAILABLE RESOURCES vs PROPOSED APPROPRIATIONS
GENERAL CAPITAL IMPROVEMENT PROGRAM
2000/01 2001/02 2002/03 2003/2004 2004/05
TOTAL PROJECTED AVAILABLE RESOURCES
$17,479,303 $18,315,320 $17,962,163 $18,581,914 $18,857,642
13,885,080 14,916,906 15,968,381 17,492,514 18,765,644
PROJECTED OPERATING EXPENDITURES
TRANSFER TO GENERAL CAPITAL IMPROVEMENT
PROGRAM 3,594,223 3,398,414 1,993,782 1,089,399 91,998
BALANCE FROM PREVIOUS YEAR 6,097,000 3,999,223 4,668,832 5,067,767 5,264,506
TOTAL AVAILABLE RESOURCES FOR ClP 9,691,223 7,397,637 6,662,614 6,157,166 5,356,504
PAY-AS-YOU-GO PROPOSED APPROPRIATION - CIF 5,692,000 2,728,805 1,594,847 892,660 1,707,000
BALANCE IN CIP - END OF YEAR $3,999,223 $4,668,832 $5,067,767 $5,264,506 $3,649,504
TABLE 3
RECAP OF AVAILABLE RESOURCES vs PROPOSED APPROPRIATIONS
GENERAL CAPITAL IMPROVEMENT PROGRAM
TOTAL PROJECTED AVAILABLE RESOURCES
PROJECTED OPERATING EXPENDITURES
TRANSFER TO GENERAL CAPITAL IMPROVEMENT
PROGRAM
BALANCE FROM PREVIOUS YEAR
TOTAL AVAILABLE RESOURCES FOR CIP
PAY-AS-YOU-GO PROPOSED APPROPRIATION - CIF
BALANCE IN ClP - END OF YEAR
2000/01 2001/02 2002/03 2003/2004 2004/05
$17,479,303 $18,315,320 $17,962,163 $18,581,914 $18,857,642
14,185,080 15,216,906 16,268,381 17,792,514 19,065,644
3,294,223 3,098,414 1,693,782 789,399 (208,002)
6,097,000 5,699,223 6,068,832 6,167,767 6,064,506
9,391,223 8,797,637 7,762,614 6,957,166 5,856,504
3,692,000 2,728,805 1,594,847 892,660 1,707,000
$5,699,223 $6,068,832 $6,167,767 $6,064,506 $4,149,504
I00 0 ~00
GRAPHIC SCALE
~i~ i P,~3. I,~D, PG. SS, D.C,R,
(SUBMERGED LAND)
P.D. t~7. PG. 12,
FOR EXHIBIT PURPOSES ONLY NOT PART OF LEGAL SKETCH AND DESCR~PITION
DATE o4/2~/oo DATE REVISIONS
~ KEITH .I SCHNARS~=' P.A.
SKETCH OF HUBERT PLAT SCALE r:~oo'
AND MAGNUM MARINE PLAT FIELD BK. N/A
DWNG. BY ~c SHEET NO.~OF SHEETS
CHK. BY ~ DRAWING NO,
,..\15414\magnum\exhibit2.dgn Apr. 27, 2000 08:18:42
RESOLUTION NO. 2000-
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF AVENTURA, FLORIDA DECLARING
THE ACQUISITION OF A CERTAIN 3.9+_ ACRE
PARCEL OF VACANT PROPERTY LOCATED AT
THE SOUTH SIDE OF N.E. 188TH STREET WEST
OF DUMFOUNDMNG BAY AND EAST OF U.S.1 IN
AVENTURA, FLORIDA TO BE A PUBLIC
NECESSITY IN ORDER TO PROVIDE FOR A
PROPOSED CITY OF AVENTURA PARK FACILITY;
AUTHORIZING THE EMPLOYMENT OF
APPRAISERS; AND AUTHORIZING THE FILING OF
EMINENT DOMAIN PROCEEDINGS; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura (the "City") is presently planning for the
development of a Park facility for the City (the "Park Facility") to be located within the
City; and
WHEREAS, the Park Facility shall consist of open space for recreational use,
which will attract families and meet the recreational needs of residents of the City, and
shall provide a venue for cultural activities, facilities and uses, which further promote
and enhance the quality of life in the City; and
WHEREAS, the City Manager has identified and determined the need for
acquisition of that certain 3.9+ acre parcel of land located in the City, at the South side
of N.E. 188th Street, West of Dumfoundling Bay and East of U.S.1, due to its proximity
to both the central point of the City and its waterfront access, as described on Exhibit
"A" attached hereto (the "Property") for use and development as a Park Facility for the
Resolution No. 2000~
Page 2
City, and has recommended the acquisition by the City of such Property, for such
purpose; and
WHEREAS, the City Commission has, prior to the adoption of this Resolution,
carefully considered all relevant factors, throughout the public process of Commission
workshops and Commission meetings, and has determined the necessity of acquiring
certain property and property rights and alternative sites, safety factors, environmental
considerations, costs of the project, long-range area planning, including all those
factors outlined by the City Manager in his presentation of this Resolution to the
Commission; and
WHEREAS, funds are available for the acquisition of the Property; and
WHEREAS, the City Commission finds that the acquisition of the fee simple title
to the Property is for a public purpose, to-wit: the City of Aventura Park Facility, and is
essential to the accomplishment of the Park Facility project, and as such, constitutes a
public necessity and is necessary and essential to the best interest of the City; and
WHEREAS, in order to accomplish the acquisition of the Property, it is
necessary for the City Manager and the City Attorney to take legal action and to employ
real estate appraisers and other experts.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
2
Resolution No. 2000-__
Page 3
Section 1. The City Commission approves, adopts and ratifies each of those
matters set forth in the foregoing recitals.
Section 2. The City Attorney is hereby authorized and directed to employ
appraisers and other consultants for the purpose of securing appraisals of the value of
the Property described in Exhibit "A", for the purpose of acquiring the fee simple title to
such Property and providing expert testimony as may be required for such purposes,
and to complete the acquisition of the Property by eminent domain utilizing the powers
conferred upon the City under Section 166.401, et. seq., Fla. Stat. and under its Home
Rule and Charter powers pursuant to the proceedings and remedies available under
Chapters 73 and 74, Florida Statutes.
Section 3. The City Attorney is hereby authorized and directed to proceed to
take the necessary steps for the City to acquire in its own name by donation, purchase
or eminent domain proceedings, the fee simple title to the Property, and to have
prepared in the name of the City of Aventura, Florida, all papers, pleadings and other
instruments required for that purpose, and to see that all eminent domain proceedings
are prosecuted to judgment.
Section 4. That the City Attorney and City Manager are hereby authorized and
directed to take such further actions as are reasonably required to fully accomplish the
purposes hereinabove directed.
3
Resolution No. 2000-._
Page 4
Section 5. That the Property described in Exhibit "A" is to be used for the
following public purpose: A City of Aventura Park Facility, as described in this
Resolution. The Project is hereby declared and determined to be necessary for the
public good and convenience and all the lands to be acquired under the authority of
this Resolution are necessary for the public uses and purposes set forth herein.
Section 6. This Resolution shall become effective immediately upon its
adoption.
The
Commissioner
as follows:
foregoing Resolution was offered by Commissioner
, who moved its adoption. The motion was seconded by
, and upon being put to a vote, the vote was
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 2r~ day of May, 2000.
ATTEST:
ARTHURI, SNYDER, MAYOR
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITYATTORNEY
4
" c*.*~ _ , LEGEND
~ D.C.R. DADE COUNTY RECORDS
N.E. I88TH STREE' ~ L ARC LENGTH
~ z~ CENTRAL ANGLE
P.O,B, POINT OF BEGINNING
~f~' - P.B. PLAY Boo~
-' ~- .... P.O. PAGE
lOG 0 I00
GRAPHIC SCALE
~ ~ ~SOl'45'27"W
WEST BOUNDARY N.E, CORNER~~
TRACT "B' TRACT 'B' ~
~ ~ ~,~, ~'~L B~,u ~ ~. ~,85'
(SUBMERGED LAND) ~ ~ (BEARING BASIS)
P,B. 14G, PG, 18, D.C.R. ~ ~SOUTH BOUNDARY ~ P.O.B.S.E. CORNER
~00,00' TRACT 'B' TRACT 'B', P,B. 147,
PO, 12, D,C,R,
SKETCH OF DESCRIPTION DATE o4/1~/oo gATE REVISIONS
CITY OF AVENTURA,
MIAMI-BADE COUNTY, FLOR)DA CHK. BY ABL DRAWING NO, 15414 L-
SURVEY NOTES:
I. NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-
OF-WAY. EASEMENTS. OWNERSHIP, OR OTHER INSTRUMENTS
OF RECORD.
3. BEARINGS SHOWN HEREON ARE RELATIVE TO THE PLAT OF
MAGNUM MARINE PLAT(PLAT BOOK 147. PAGE 12. MIAMI-DADE COUNTY
RECORDS). WITH A REFERENCE BEARING OF NORTH 89'58'15' WEST
ALONG THE SOUTH LINE OF TRACT 'B'.
4. THE 'LAND DESCRIPTION' HEREON WAS PREPARED BY THE SURVEYOR.
5. THIS SKETCH IS NOT A BOUNDARY SURVEY AS SUCH.
LEGAL DESCRIPTION:
ALL OF TRACT 'B'TOGETHER WITH A PORTION OF TRACT 'A'MAGNUM
MARINE PLAT ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT
BOOK 147, PAGE 12 IN THE PUBLIC RECORDS OF MIAMI-OAOE COUNTY,
FLORIDA; TOGETHER WITH PORTIONS OF THE SOUTHEAST OUARTER OF
FRACTIONAL SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST; TOGETHER
WITH PORTIONS OF THE DEDICATED RIGHT-OF-WAY FOR N.E. 188~h STREET
AS SHOWN ON AND DEDICATED BY SAID PLAT, SAID PORTIONS BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS.-
BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT 'B";THENCE
ALONG THE SOUTH AND WEST BOUNDARY OF SAIO TRACT "B'THE FOLLOWING
TWO (2) DESCRIBED COURSES; (I) NORTH 89'58'I5'WEST (PLAT BEARING), 300.OO
FEET: (21NORTH 00'31'59' WEST, 70.00 FEET TO A POINT ON THE SOUTH
BOUNDARY OF SAID TRACT "A"; THENCE, ALONG SAID SOUTH BOUNDARY THE
FOLLOWING TWO (2)DESCRIBED COURSES~ (I)SOUTH 85'52'58'WEST, 64.17 FEET~
(2) NORTH 88'40'27" WEST, 49.48 FEET; THENCE NORTH OO'39'25" WEST, 331.27
FEET TO A POINT ON THE NORTH LINE OF SAID DEDICATED RIGHT-OF-WAY,
BEING THE CENTERLINE OF N.E. 188th STREET AS SHOWN ON SAID PLAT;
THENCE, ALONG SAID CENTERLINE AND ITS EASTERLY EXTENSION, NORTH
89'20'35' EAST, 509.22 FEET; THENCE SOUTH 31'12'18' WEST, 55.16 FEET:
THENCE SOUTH 20'16'26' WEST, 53.49 FEET; THENCE SOUTH 15'OG'32'WEST.
51.92 FEET; THENCE SOUTH IO'46'40" WEST, 76.49 FEET: THENCE SOUTH
O1'45'27' WEST, 75.06 FEET$ THENCE SOUTH 12'57'54' WEST. 12.85 FEETs
THENCE SOUTH 43'18'07' WEST, 17.33 FEET TO THE NORTHEAST CORNER OF
SAID TRACT 'B'. THENCE ALONG THE EAST BOUNDARY OF SAID TRACT "B',
SOUTH O0'31'59"EAST, 81.00 FEET TO THE POINT OF BEGINNING.
SAIO LANDS SITUATE IN THE CITY OF AVENTURA, MIAMI-DADE COUNTY, FLORIDA
AND CONTAINING 169,998 SQUARE FEET (3.9026 ACRESIMORE OR LESS.
CERTIFICATE:
IHEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON
DESCRIBED PROPERTY IS DEPICTED TO THE BEST OF MY KNOWLEDGE. BELIEF. AND
iNFORMATION AS DELINEATED UNDER MY DIRECTION ON APRIL 12. 2000.1FURTHER
CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL
STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS
AND MAPPERS IN CHAPTER 61GIT-6. FLORIDA ADMINISTRATIVE CODE, PURSUANT TO
SECTION 472.027, FLORIDA STATUTES, SUBJECT TO THE OUALtFIC~TIONS NO1ED
HEREON.
KEITH AND SCHHARS, P.A.
ENGINEERS-PLANNERS-SURVEYORS
Y: MICHAEL NL MOSSEY, ~S.~.
FLORIOA REGISTRATION NO. SGGO
=:P:hAVENT:DUMBFOUNO:5~IqUSDLDGN
SKETCH OF DESCRIPTION 3ATE__o""~'oo ~E
PORTIONS OF TRACTS 'A'& "B'MAGNUM
MARINE PLAT, PLAT BOOK 147, PAGE 12, MIAMI- ,CAGE I':100'__
PORTIONS OF THE RIGHT-OF-WAY FOR N.E.
CITY OF AVENTURA,
M~A~I-DADE COUNTy, FLORIDA CHK. BY AML DRAWING NO. 15414 L
CITY OF AVENTURA
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
BY:
City Commission (
Eric M. Soroka, Ci~rag r
Brenda Kelley, Comm . D velopment DirectM
April 25, 2000 \' IJ
TO:
FROM:
DATE:
SUBJECT:
Proposed Amendment to Sign Code
Wall Signs on Office and Hotel Buildings
April 4, 2000 Local Planning Agency Agenda Item Lf
1st Reading April 4, 2000 City Commission Meeting Agenda Item ~ A
2nd Reading May 2, 2000 City Commission Meeting Agenda Item q p..
Attached please find the Proposed Amendment to the Sign Code Ordinance to permit
wall signs on office and hotel buildings, as discussed at the February 25, 2000
workshop meeting.
The proposed Ordinance has been revised, as suggested by the Commission for 2nd
reading, to provide language such that second wall signs shall not be placed on the
same building elevation as the primary sign.
Please feel free to contact me with any questions you may have.
ORDINANCE NO. 2000-_
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CITY'S LAND DEVELOPMENT
REGULATIONS, ENACTED BY ORDINANCE 99-09, BY
AMENDING CHAPTER 9 - SIGN REGULATIONS,
SECTION 901.7 (b) CONCERNING WALL SIGNS ON
OFFICE AND HOTEL BUILDINGS; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Aventura deems it necessary to amend the City's Land
Development Regulations to permit wall signs on office and hotel buildings in the City; and
WHEREAS, the City Commission believes it is in the best interest of the public
to regulate the installation of wall signs on office and hotel buildings; and
WHEREAS, the City Commission desires to enhance the unique aesthetic
character of the City by requiring certain standards associated with the installation of
wall signs on office and hotel buildings; and
WHEREAS, nothing in this ordinance shall impair the enforcement of more
restrictive restrictions imposed upon private property pursuant to the provisions of
Restrictive Covenants of Homeowners' Associations and Master Associations or the
provisions of Declarations of Condominium bylaws, rules or regulations issued
thereunder; and
WHEREAS, the City Commission finds that this ordinance is consistent with the
Comprehensive Plan.
Ordinance No.
Page 2
NOW. THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That the following sections of the City's Land Development
Regulations are hereby amended to read as follows: 1
Chapter 9 - Sign Regulations
Section 901.7
Ib1) Wall Signs (permitted only on buildings where a majority of the floor area is
in retail use. In the case of a multi-tenant Center, Wall Signs are permitted on
walls that face an access drive or internal courtyard).
Approvals Necessary
Type
Number (maximum)
City Manager
Reverse or Channel Letter Sign only
1 per ground or second floor establishment which has its
own Frontage and entrance facing a public street. (If the
Parcel Frontage requirement for a Monument Sign
precludes an office building from having a Monument Sign,
one building identification Wall Sign that otherwise meets
the Wall Sign standards is authorized). Comer or Through
Store Locations may have an additional Wall Sign. Such
second Sign shall be limited to 50% ofthe square footage of
the primary sign.
Sign Area (maximum)
1 square foot for each 1 lineal foot of tenant frontage for
each Sign located within 300 feet of a street on which the
building fronts. 1.5 square feet for each 1 lineal foot of
tenant frontage for each Sign located more than 300 feet of
a street on which the building fronts.
Illumination
Supplemental provisions: See gas
station provisions contained in this
section.
See definition of Reverse or Channel Letter Sign
(b2) Wall SiGns IDermitted onlv on office and hotel buildinGS with siGns located 1
to 7 stories high)
Aoorovals Necessarv
City Manaoer
1 Underlined provisions constitute proposed additions to existing text; mRskeR tllFllYllll provisions indicate
proposed deletions from existing text.
2
Ordinance No.
Page 3
Type
Reverse or Channel Letter Sian only
Illumination
1 wall sian oer buildina
Comer or Throuah Store Locations may have an additional
Wall Sian. Such second Sian shall be limited to 50% of the
SQuare footaae of the orimarv sian. Such second Sian shall
not be olaced on the same buildino elevation as the orimarv
sian.
1 SQuare foot for each 1 lineal foot of buildina frontaae
No wall sian shall be installed on a buildina elevation that
faces an ad/acent residentiallY zoned orooerty located within
300 feet of the elevation
See definition of Reverse or Channel Letter Sian
Number (maximum)
Sian Area (maximum)
Location
(b3l Wall Sians (pennitted on Iv on office and hotel buildinas with sians located 8
stories hiah and abovel
illumination
City Manaaer
Reyerse or Channel Letter Sian onlv
2 wall sians oer buildina. with one wall sian onlv per buildina
elevation
1.5 SQuare foot for each 1 lineal foot of buildina frontaae
No wall sian shall be installed on a buildina elevation that
faces an adiacent residentiallY zoned orooertv located within
300 feet of the elevation
See definition of Reverse or Channel Letter Sian
Aoorovals Necessarv
TYoe
Number (maximum)
Sian Area (maximum)
Location
Section 2.
Severabilitv. The provisions of the 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
Commlission, and it is hereby ordained that the provisions of this Ordinance shall
become and made a part of the Code of the City of Aventura; that the sections of this
3
Ordinance No.
Page 4
Ordinance may be re-numbered or re-Iettered to accomplish such intentions; and that
the INOrd "Ordinance" shall be changed to "Section" or other appropriate INOrd.
Section 4. Effective Date. This Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner Rogers-Libert, who
moved its adoption on first reading. This motion was seconded by Commissioner
Cohen and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin yes
Commissioner Arthur Berger yes
Commissioner Ken Cohen yes
Commissioner Harry Holzberg yes
Commissioner Jeffrey M. Perlow yes
Commissioner Patricia Rogers-Libert yes
Mayor Arthur I. Snyder yes
The foregoing Ordinance was offered by Commissioner
, who
moved its adoption on second reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Jay R. Beskin
Commissioner Arthur Berger
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
Mayor Arthur I. Snyder
4
Ordinance No.
Page 5
PASSED AND ADOPTED on first reading this 4th day of April, 2000.
PASSED AND ADOPTED on second reading this 2nd day of May, 2000.
ARTHUR I. SNYDER, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
5
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
City Commission
ual Election of Board Chairman
FROM:
Eric M. Soroka, Cit~
DATE:
March 28, 2000
SUBJECT: Ordinance Establishing
1st Reading April 4, 2000 City Commission Meeting Agenda Item g;/3
2nd Reading May 2, 2000 City Commission Meeting Agenda Item 9 B
Attached please find an Ordinance that establishes the requirements of the annual
election of the Board Chairman for both Advisory Boards.
EMS/aca
Attachment
CC0861-00
ORDINANCE NO. 2000-_
AN ORDINANCE OF THE CITY OF A VENTURA,
FLORIDA, AMENDING THE CITY CODE BY
AMENDING CHAPTER 2 "ADMINISTRATION;"
ARTICLE ill "ADVISORY BOARDS," BY AMENDING
DMSION 2 "BEAUTIFICATION ADVISORY BOARD,"
BY AMENDING PARAGRAPH (B) OF SECTION 2-124
"RULES OF PROCEDURE; OFFICERS; VOTING," AND
DMSION 3 "RECREATION AND CULTURAL ARTS
ADVISORY BOARD," BY AMENDING PARAGRAPH (B)
OF SECTION 2-154 "RULES OF PROCEDURE;
OFFICERS; VOTING" TO CLARIFY THAT EACH
BOARD SHALL ANNUALLY ELECT A CHAIRMAN;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR EFFECTIVE
DATE.
IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA, AS FOLLOWS:l
Section 1. That Chapter 2 "Administration" of the City Code is hereby amended by
amending Article III "Advisory Boards" at Division 2, "Beautification Advisory Board," by
amending paragraph (b) of Section 2-124 "Rules of Procedure; Officers; Voting," to read as
follows:
Sec. 2-124. Rules of procedure; officers; voting.
. . .
(b) During the first meeting of the Board for each armual term,
the members shall elect one of their number to act as
Chairman and may elect a Vice-Chairman.
Section 2. That Chapter 2, "Administration," of the City Code is hereby amended by
amending Article III "Advisory Boards," at Division 3, "Recreation and Cultural Arts Advisory
Board" by amending paragraph (b) of Section 2-154 "Rules of Procedure; Officers; Voting" to
read as follows:
Ordinance No. 2000-
Page 2
Sec. 2-154. Rules of procedure; officers; voting.
. . .
(b) During the first meeting of the Board for each annual te!ID,
the members shall elect one of their number to act as
Chairman and may elect a Vice-Chairman.
Section 3. Severabilitv. The provisions of this Ordinance are declared to be severable and
if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid
or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences,
clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent
that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 4. Inclusion in the Code. It is the intention of the City Commission, 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 A ventura; that the sections of this Ordinance may be renumbered or relettered to
accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other
appropriate word.
Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption
on second reading.
The foregoing Ordinance was offered by Commissioner Rogers-Libert, who moved its
adoption on first reading. The motion was seconded by Commissioner Berger, and upon being put
to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Jeffrey M. Perlow
Commissioner Patricia Rogers-Libert
yes
yes
yes
yes
yes
yes
1/ Additions to existing text are indicated by underlining.
2
Ordinance No. 2000-
Page 3
Mayor Arthur 1. Snyder
yes
The foregoing Ordinance was offered by Conunissioner
, who moved its adoption
on second reading. The motion was seconded by Conunissioner
, and upon being put to a
vote, the vote was as follows:
Conunissioner Arthur Berger
Conunissioner Jay R. Beskin
Conunissioner Ken Cohen
Conunissiioner Harry Holzberg
Conunissioner Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur 1. Snyder
PASSED AND ADOPTED on first reading this 4th day of April, 2000.
PASSED AND ADOPTED on second reading this ZW day of May, 2000.
ARTHUR I. SNYDER, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATTORNEY
3
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
City Commission ~
Eric M. Soroka, c~~a(
March 31,2000
TO:
DATE:
SUBJECT:
Ordinance Amending Code Enforcement Procedures
1st Reading April 4, 2000 City Commission Meeting Agenda Item '~C
2nd Reading May 2, 2000 City Commission Meeting Agenda Item ClC
RECOMMENDATION
It is recommended that the City Commission adopt the attached Ordinance amending
certain sections of the City's Code Enforcement procedures to comply with recent
revisions to state statutes governing Code Enforcement procedures.
BACKGROUND
The attached Ordinance amends the City's Code Enforcement procedures as contained
in the Code of Ordinances to comply with recent changes in the state law.
The following areas have been amended:
1. Procedures relative to the service of the warning to the violator have been
amended to provide for additional methods of service.
2. Requires owners of property, which are subject to an enforcement
proceeding, to disclose to prospective new owners that a proceeding is
pending and they (new owner) would be responsible for compliance.
3. Allows the Special Master to fine violators up to $5,000 for violations that may
be deemed irreparable or irreversible in nature.
Memo to City Commission
Page 2
4. If the Special Master finds that a violation presents a serious threat to the
public health, safety and welfare or if the violation is irreparable or irreversible
in nature, the Special Master shall notify the Manager, who may order all
repairs in order to bring the property into compliance. The City may assess
the violator with the cost of the repairs.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC0862-00
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF A VENTURA,
FLORIDA, AMENDING THE CITY CODE (THE
"CODE" BY AMENDING CHAPTER 2,
"ADMINISTRATION," ARTICLE V, "CODE
ENFORCEMENT," SECTION 2-339 OF THE CODE,
"CONTENTS AND SERVICE OF WARNING," AND
SECTION 2-340 OF THE CODE, "CONTENTS AND
SERVICE OF NOTICE," PROVIDING FOR SERVICE
TO COMMERCIAL PREMISES AND PROVIDING A
PROCEDURE FOR NOTICE OF TRANSFER OF
PROPERTY SUBJECT TO CODE ENFORCEMENT
PROCEEDINGS; AMENDING SECTION 2-343 OF THE
CODE, "PENALTIES FOR VIOLATIONS, CONTINUING
VIOLATIONS, AND REPEAT VIOLATIONS,"
PROVIDING FOR A FINE OF UP TO $5,000 FOR
IRREPARABLE VIOLATIONS; PROVIDING THAT THE
CITY MAY CORRECT OR REPAffi A VIOLATION
THAT PRESENTS A SERIOUS THREAT TO THE
PUBLIC HEALTH, SAFETY, AND WELFARE;
AUTHORIZING THE CITY TO CHARGE THE
VIOLATOR WITH THE COSTS OF REPAIRS;
AMENDING SECTION 2-344 OF THE CODE,
"RECOVERY OF UNPAID PENALTIES; UNPAID
PENALTY TO CONSTITUTE LIEN; FORECLOSURE
OF LIEN," PROVIDING THAT THE CITY MAY
INITIATE LEGAL PROCEEDINGS TO RECOVER A
CODE ENFORCEMENT LIEN IN THE FORM OF A
MONEY JUDGMENT; AMENDING SECTION 2-346 OF
THE CODE, "PROVISIONS OF ARTICLE
SUPPLEMENTAL," PROVIDING THAT THE
PROVISIONS OF ARTICLE V ARE SUPPLEMENTAL
AND CUMULATIVE TO ALL OTHERS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION
IN CODE; PROVIDING FOR EFFECTIVE DATE.
IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA AS FOLLOWS:
Ordinance No. 2000-
Page 2
Section 1.
That Chapter 2, "Administration," Article V, "Code Enforcement," Section
2-339, "Contents and Service of Warning" of the Code of Ordinances, City of Aventura, Florida,
is hereby amended to read as follows: 1
Sec. 2-339. Contents and service of warning.
(a) A warning shall include the following:
(I) The date and time of issuance.
(2) The name of the Code Enforcement Officer issuing
the warning.
(3) The name and address of the violator.
(4) The section of the Code that has been violated.
(5) A brief description of the nature of the violation,
including the location, date and time of the violation.
(6) The amount of the civil penalty for which the
violator may be liable.
(7)
corrected.
The time within which the violation must be
(8) A statement that failure to correct the violation by
the time period indicated in the warning will result in the issuance
of a notice.
(b) Service of the warning to the violator shall be effected
either by~ IIanti delivery te the 'Relator; or BY lewliBg the 'l:l1fIIiBg
at the vielator's Ilalla! plaee of residellee ';.ith any pemoft residiHg
thereift '.vha i3 15 )'ears ef age or alder ftIId infoffiliflg SIIeh persoft
of the eoftteHts ef the wamiftg; or BY eertified 1IllIiI, retllffi reeeipt
Teqtlellted, te the violator's IlSlla! plaee of resideflee; or BY p0stiHg
the warning ift a eoaapiellellS plllee aft the premises or real
pTeperty Ilpeft \vhieR the viollltieft '.vas eBserved. The pesting ef
the 'NamiHg siltlll Be deemed pTOper serviee, and the time fer
eompliaaee stated ia the warning shall eemmellee ,.vith the Elate of
SlIeR pestiHg.
1 Additions to existing text are indicated by underlining; deletions are indicated by st.-ilielhl'ElUgh.
2
Ordinance No. 2000-_
Page 3
(1 ) Certified mail. return receipt requested. provided
that if such warnimz is sent under this para~aph to the owner of
the property in question at the address listed in the tax collector's
office for tax notices. and at any other address provided to the City
by such owner and is returned as unclaimed or refused. the
warning may be served by posting as described in subpara~aphs
(c)(2)a. and b. and by first class mail directed to the addresses
furnished to the Citv with a properly executed proof of mailing or
affidavit confirming the first class mailing:
(2) Hand delivery by the sheriff or other law
enforcement officer. code enforcement officer or other person
designated bv the City by:
(A) Leaving the warning at the Violator's usual place of
residence with any person residin{! therein who is above IS years
of age and informing such person of the contents of the warning: or
(8) In the case of commercial premises. leaving the
warning with the manager or other person in charge.
(c) In addition to serving the warning as set forth above. at the
option and discretion of the City Manager. the warning may also
be served by publication or posting as follows:
(1 )a. The warning shall be published once during each
week for four consecutive weeks (four publications being
sufficient) in a newspaper of general circulation in Miami-Dade
County. as specified in Chl\Pter 50. Florida Statutes.
b. Proof of publication shall be made as provided in
Sections. 50.041 and 50.051. Florida Statutes.
(2)a. In lieu of publication as described in paragraph
(c)(1). such warning may be posted at least 10 days prior to the
expiration of anv deadline contained in the warning in at least two
locations. one of which shall be the property upon which the
violation is alleged to exist and the other of which shall be at City
Hall.
b. Proof of posting shall be bv affidavit of the person
posting the warning. which affidavit shall include a copy of the
warninlZ posted and the date and places of its posting.
(d) Evidence that an attempt has been made to hand deliver or
mail the warning as provided in subsection (b) (e.g.. by affidavit of
the Code Enforcement Officer). together with proof of publication
or posting as provided in subsection (c). shall be sufficient to show
3
Ordinance No. 2000-_
Page 4
that the reouirements of this Section have been met. without regard
to whether or not the Violator actually received such warning.
(e) If the owner of property which is subiect to an enforcement
proceeding before the Special Master or court transfers ownership
of such property between the time the initial pleading was served
and the time of the hearing such owner shall:
(J) Disclose. in writing. the existence and the nature of
the proceeding to the prospective transferee.
(2) Deliver to the prospective transferee a copy of the
pleadings. notices. and other materials relating to the code
enforcement proceedin~ received by the transferor.
(3) Disclose. in writing. to the prospective transferee
that the new owner will be responsible for compliance with the
applicable code and with orders issued in the code enforcement
proceeding.
(4) File a notice with the code enforcement official of
the transfer of the property. with the identity and address of the
new owner and copies of the disclosures made to the new owner.
within 5 days after the date of the transfer.
A failure to make the disclosures described in paragraphs
(J). (2), and (3) before the transfer creates a rebuttable vresumption
of fraud. If the property is transferred before the hearing. the
proceeding shall not be dismissed. but the new owner shall be
provided a reasonable period of time to correct the violation before
the hearing is held.
Section 2.
That Chapter 2, "Administration," Article V, "Code Enforcement,"
Section 2-340, "Contents and Service of Notice" of the Code of Ordinances, City of Aventura,
Florida, is hereby amended to read as follows:
See. 2-340. Contents and service of notice.
(a) A notice shall include:
(1)
(2)
the notice.
The date and time of issuance.
The name of the Code Enforcement Officer issuing
(3)
The name and address of the violator.
4
Ordinance No. 2000-
Page 5
(4) The section of the Code that has been violated.
(5) A brief description of the nature of the violation,
including the location, date and time of the violation.
(6) The amount of the civil penalty for which the
violator may be liable.
(7) The instructions and date for paying the civil
penalty or for filing a request for an administrative hearing before
a Special Master to appeal the civil penalty.
(8)
corrected.
The time within which the violation must be
(9) A statement that each day of continued violation
after the time period for correction has run shall be deemed a
continuing violation subject to an additional penalty in the same
amount without the need for additional notices.
(10) A statement that the filing of a request for an
administrative hearing will toll the accrual of continuing violation
penalties.
(11) A statement that failure to request an administrative
hearing within 20 days after service of the notice shall constitute a
waiver of the violator's right to an administrative hearing before
the Special Master, and that such waiver shall constitute an
admission of the violation, and that, in such case, judgment may be
entered against the violator for the amount of the civil penalty.
(12) A statement that the violator may be liable for the
reasonable administrative hearing costs should he be found guilty.
(b) Service of the Notice to the Violator shall be effected either
by: haBd deIF.'efY t8 tile vialatar; by lee'r_"lg the RetiCle at the
'lielater's a_ plaee of reiJiaeaCle with IIIIY perilen residing therein
wile ia 15 yeftfS ef age ar elder and infoffiling suoo persen af the
eententa af tile RatiCle; by eeRified mail, return reeeipt FeqaesteEl, te
tile vialatar's aawH plaee ef resiaeaCle er by p8illiflg the aetiee m a
eeIISpieooas plaCle an tile premisea ar r~a1 propefly apen ....moo the
'lielatien 'MIS absefyed. The pesting af the netiCle shall be aeeraeEI
pr-aper SeFVicle, and tile time for oompIianee stated ill the RetiCle shall
eemmenee with the Elate of SHOO pestiHg.~
5
Ordinance No. 2000-
Page 6
n) Certified maiL return receipt requested. provided
that if such notice is sent under this paralU'aDh to the owner of the
property in question at the address listed in the tax collector's
office for tax notices. and at any other address provided to the City
bv such owner and is returned as unclaimed or refused. notice may
be provided by posting as described in subparagrlijlhs (c )(2)a. and
b. and by first class mail directed to the addresses furnished to the
City with a properly executed proof of mailinl! or affidavit
confirming the first class mailing:
(2) Hand delivery by the sheriff or other law
enforcement officer. code enforcement officer or other person
designated by the City by:
(A) Leaving the notice at the Violator's usual place of
residence with any person residing therein who is above 15 years
of age and informing such person of the contents of the notice: or
ill) In the case of commercial premises. leaving the
notice with the manager or other person in char2e.
(c) In addition to providing service of the Notice as set forth
above. at the option and discretion of the City Manager. the Notice
may also be served by publication or posting as follows:
n)a. The Notice shall be oublished once during each week
for fOur consecutive weeks (four publications being sufficient) in a
newspaper of general circulation in Miami-Dade County. as
specified in Chlijlter 50. Borida StaMes.
b. Proof of publication shall be made as provided in
Sections. 50.041 and 50.051. Bonda Statutes.
(2)a. In lieu of publication as described in paragraph
(c)( 1), such notice may be posted at least 10 days Drior to the
hearing. or prior to the expiration of any deadline contained in the
Notice. in at least two locations. one of which shall be the property
upon which the violation is alleged to exist and the other of which
shall be at City Hall.
b. Proof of posting shall be by affidavit of the person
postin~ the notice. which affidavit shall include a copy of the
notice posted and the date and places of its posting.
(3) Notice by publication or posting may run
concurrentlv with. or may follow. an attempt or attempts to provide
notice bv hand delivery or by mail as required under subsection
!!:!1
6
Ordinance No. 2000-
Page 7
(d) Evidence that an attempt has been made to hand deliver or
mail notice as provided in subsection (P) (e.l/:.. bv affidavit of the
Code Enforcement Officer). together with proof of publication or
posting as provided in subsection (c). shall be sufficient to show
that the notice requirements of this Section have been met. without
regard to whether or not the alleged Violator actually received such
notice.
(e) If the owner of property which is subiect to an enforcement
proceeding before the Special Master or court transfers ownership
of such property between the time the initial pleading was served
and the time of the hearing. such owner shall:
(1) Disclose. in writing.. the existence and the nature of
the proceeding to the prospective transferee.
(2) Deliver to the prospective transferee a copv of the
pleadings. notices. and other materials relating to the code
enforcement proceeding received bv the transferor.
(3) Disclose. in writing. to the prospective transferee
that the new owner will be responsible for compliance with the
applicable code and with orders issued in the code enforcement
proceeding.
(4) File a notice with the code enforcement official of
the transfer of the propertv. with the identity and address of the
new owner and copies of the disclosures made to the new owner.
within 5 days after the date of the transfer.
A failure to make the disclosures described in paragraphs
(1). (2), and (3) before the transfer creates a rebuttable presumption
of fraud. If the property is transferred before the hearing. the
proceeding shall not be dismissed. but the new owner shall be
provided a reasonable period of time to correct the violation before
the hearing is held.
Section 3.
That Chapter 2 "Administration," Article V, "Code Enforcement," Section
2-343, "Penalties for Violations, continuing violations and repeat violations" of the Code of
Ordinances, City of Aventura, Florida, is hereby amended to read as follows:
Sec. 2-343. Penalties for violations, continuing violations
and repeat violations.
7
Ordinance No. 2000-_
Page 8
(a) Penalties for violations of the provisions to be enforced
through this article shall be in the amounts prescribed in the
schedule of civil penalties contained in section 2-348.
(b) For each day of a continuing violation, an additional
penalty in the same amount as that prescribed for in the original
violation shall be added.
(c) For the first repeat violation, the amount of the civil penalty
shall be double the amount of the penalty prescribed for the
original violation by section 2-348. The amount of the civil
penalty due for each subsequent repeat violation shall be double
the amount of penalty due for the first day of the immediately
preceding violation; provided that the maximum penalty payable
forthe first day of any one repeat violation shall be $500.00.
(d) A repeat violation which remains uncorrected beyond the
time prescribed for correction in the notice shall be treated as a
continuing violation, and the additional penalty for each day of
continued violation shall be double the amount due for the first day
of the repeat violation.
(e) Continuing violation penalties shall accrue from the date
of correction given in the notice until the correction is made or
until a request for administrative hearing is filed, whichever comes
first. If the named violator requests an administrative hearing and
loses his appeal, the Special Master shall determine a reasonable
time period within which correction of the violation must be made,
based on the considerations set forth in section 2-338(a). If
correction is not made within the period set by the Special Master,
continuing violation penalties shall begin to accrue again after the
time for correction has run.
(t) Civil penalties assessed pursuant to this article are due and
payable to the City on the last day of the period allowed for the
filing of an appeal from the Special Master's decision, or, if a
proper appeal is made, when the appeal has been finally decided
adversely to the named violator.
(~) If the Special Master finds a violation to be irreparable or
irreversible in nature. the Special Master may order the Violator to
pav a fine not to exceed Five Thousand Dollars ($5.000.00) per
violation.
(h) If the Special Master finds that a violation presents a
serious threat to the public health. safety and welfare. the Special
8
Ordinance No. 2000-
Page 9
Master shall notify the Mana\l:er. who mav order all reoairs in order
to bring the property into compliance. The City may assess the
Violator with the cost of the r~airs.
(i) Civil penalties assessed pursuant to this Chapter are due
and payable to the City on the last day of the period allowed for the
filing of an ~peal from the Special Master's decision. or. if a
proper appeal is made. when the appeal has been finally decided
adverselv to the named Violator.
Section 4.
That Chapter 2 "Administration," Article V, "Code Enforcement," Section
2-344, "Recovery of unpaid penalties; unpaid penalty to constitute lien; foreclosure of lien" of
the Code of Ordinances, City of Aventura, Florida, is hereby amended to read as follows:
Section 2-344. Recovery of unpaid penalties; unpaid penalty to
constitute lien; foreclosure of lien.
(a) The City may institute proceedings in a court of competent
jurisdiction to compel payment of civil penalties andlor
assessments for r~airs.
A certified copy of an order imposing a civil penalty may be
recorded in the public records and thereafter shall constitute a lien
against the property on which the violation exists and upon any
other real or personal property owned by the violator. Upon
petition to the circuit court, such order may be enforced in the
same manner as a court judgment by the sheriffs of this State,
including levy against the personal property, but such order shall
not be deemed to be a court judgment except for enforcement
purposes. A civil penalty imposed pursuant to this article shall
continue to accrue until the violator complies or until judgment is
rendered in a suit to foreclose on a lien filed pursuant to this
article, whichever occurs first. After three months from the date of
filing of any such lien which remains unpaid, the City may
foreclose or otherwise execute on the lien. A1ternativelv. the Citv
may initiate proceedin~s to recover a money iudgment for the
amount of the lien plus accrued interest. Upon payment of the
civil penalty or notice of assessment bv the Violator or the
successor(s). assign(s) or heir(s) of the Violator. the City Clerk is
authorized to execute and record in the Public Records of Miami-
Dade County the appropriate Release of Lien document.
(b) No lien provided under this article shall continue for a
period longer than 20 years after the certified copy of an order
9
Ordinance No. 2000-
Page JO
imposing a fine has been recorded, unless within that time an
action to foreclose on a lien is commenced in a court of competent
jurisdiction. In an action to foreclose on a lien, the prevailing party
may recover interest and all costs, including a reasonable attorney's
fee, incurred in the foreclosure. The continuation of the lien
effected by the commencement of the action shall not be good
against creditors or subsequent purchasers for valuable
consideration without notice, unless a notice of lis pendens is
recorded.
Section 4.
That Chapter 2, "Administration," Article V, "Code Enforcement," Section
2-346, "Provisions of Article Supplemental," of the Code of Ordinances, City of A ventura, Florida,
is hereby amended to read as follows:
Section 2-346. Provisions of article supplemental.
N ething ee!ltained in this article shall prehibit In addition to the
methods contained in this Article. the City frem may enforciBgj; its
Code by any other means, including. but not limited to. a summons.
an arrest. a notice to appear. a civil action for iniunctive relief. a stop
work order or demolition. The enforcement procedures outlined in
this article are cumulative to all others and shall not be deemed to be
prerequisites to filing suit for the enforcement of any section of this
Code.
Section 5. Severabilitv. The provisions of this Ordinance are declared to be severable and
if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid
or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences,
clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent
that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 6. Inclusion in the Code. It is the intention of the City Commission, 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 A ventura; 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.
10
Ordinance No. 2000-
Page 11
Section 7. Effective Date. This Ordinance shall be effective innnediately upon adoption
on second reading.
The foregoing Ordinance was olfured by Commissioner Rogers-Libert, who moved its
adoption on first reading. The motion was seconded by Commissioner Cohen, and upon being put
to a vote, the vote was as fullows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Ho1zberg
Commissioner Patricia Rogers-Libert
Commissioner Jeffiey M. Perlow
Mayor Arthur I. Snyder
yes
yes
yes
yes
yes
yes
yes
The foregoing Ordinance was offered by Commissioner
, who moved its adoption
on second reading. The motion was seconded by Commissioner
, and upon being put to a
vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED on first reading this 4111 day of April, 2000.
PASSED AND ADOPTED on second reading this 2nd day of May, 2000.
ARTHUR I. SNYDER, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
11
Ordinance No. 2000-
Page 12
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
CITY ATIORNEY
12
CITY OF AVENTURA
OFFICE OF THE CITY COMMISSION
MEMQRANDUM
TO: Eric M. Soroka, City Manager
FROM: Patricia Rogers-Libert, Commissioner
DATE: April 28, 2000
SUBJECT: E Commerce Equity Resolution
May 2, 2000 City Commission Meeting Agenda Item 11
Please place the attached Resolution on the agenda for discussion and possible
action.
PRUtms
Attachments
cc: Commission
To: Mr. Eric SoroKa, , City of Aventura
Date: 04/26/2000 Time 11 :03:24 AM
RE: FW: Page .2 of b
10:50 RPR 20. 2OOl3 ID: 202-626-3043
TEL NO: 202-626-3043
+83818 PAGE: 2/4
MEMORANDUM
TO: STATE LEAGUE DIRECTORS
STATE LEAGUE FEDERAL LEGISLATIVE STAFF
MEMBERS OF NATIONAl, LEAGUE OF CITIES STEERING
COMMITTEES
FROM: CAMERON WIIITMAN
DIRECTOR. POLICY AND FEDERAL RELATIONS
NATIONAL LEAGUE OF CITIES
DATE: APRlL 19, 2000
SUBJECT: ACTION ALERT
Bills have been introduced in the House and Senate that would
extend and expand the moratorium on the Internet which was
passed in the Internet Tax Freedom Act of 1998, and is set to
, expire in October 2001. With sixteen months left on the
existing moratorium, there is absolutely not need for Congress
to pass legislation to extend it now.
ACTION NEEDED:
1. Meet with the members of your Congressional delegation
during the Easter recess and urge them to oppose any move in
Congress to extend or expand the current moratorium which
covers Internet access fees, new taxes, as well as multiple and
discriminatory taxes. (The Senate returns to Washington on April 25 and
the House on May 2.
2. Please have your city council pass the attached resolution
on e-Commerce Equity and fax and mail it to your
Congressional delegation as soon as possible.
To: Mr. Eric Soroka, . City of Aventura
Dale: 04(2612000 Time. 11.03.24/W1
Message
Attached please find information m{uestin, that Con,ress eJrtend the
moratorium on the Intemet $Illes talr issue, while authorizin, states to tlellelop
a simplifietl methotl of collectinlJ such sales talres.
The NLC has ret{uested that /lie pass a resolution in support of the moratorium,
anti the FLC has asket/ that /lie contact ConlJress.
Can 'Iou include a draft resolution in the 'Other Business' section of the
alJent/a for Tuest/alJ's meetinlJ, with all backIJround information, (and a coller
memorandum from me asl,.;nlJ that it be included on Tuest/alJ's alJenda)!
I /IIi/I touch base with 'Iou later. Thank 'Iou.
Patricia
Phone: 305 933-9775, Fax 305935-2170
To: Eric Soroka
Fax Number: 305-466-8939
From
Pages 8
Date 04/26/2000
WinFax PRO Cover Page
RE: FW: Page 1 01 &
To: Teresa Soroka, < City of Avenlura
fL League of Cities 4/21/00
Dale: 04/28/2000 Time: 12:06:06 PM
RightfAX
F<l::. I-W Page 1 of <I
4:50: PAGE 1/4
April 21, 2000
Volume 27.&sue No. 11
Please copy and distribute
to all applicable persons:
Legislative
BULLETIN
AIICot\,..,nl
/l.tember~
Manager
CleLk.
Aamney
'I OI{II)\ II -\(,ll ()~ (IIH'. PO HOX 1~;;;~. 1-\11 .\11-\'''11, I t 3?JO?-1~~~
Is':;ol~22~lo".1 \\IS....11I2~.:::~':.;1ll.1I1lIljll_1 hlljl \\,,\\t1<lII"I'>lllf-"\lld /,....,IIf.. !J,//.\,,'III
Week Seven: Two Weeks To Go
As we approach the final two weeks of the 2000 Regular
Legislative Session, several of the League's legislative
priontles are finally moving. Emergency Management
legislation has been placed on both the Honse and Senate
Calendars. The SImplified Communications T..x bill and
the Mwncljlal Revenue Sharing Reform bill have also been
placed on the Senate Calendar for consideration. Likewise.
there are some bills that preempt or otherwrse erode
municipal anthority that have been placed on the House and
Senate Calendars such as the "Right to Farm Act". See
inside for more details.
Thank .1'''"' The League would like to thank those members
of the Volusia County League of Cities and tlle Northwest
Florida League of Cities for their lobbying assistance this
week, They include: Mayor Antllony YebOO and
Councilman Harold Casteel, Orange City and Mayor Walter
Kelly, City ofLynn Haven.
"denotes Leagnc priority
*MUDldpal Reveaue ShariIIl (Support)
The Senate Comprehensive Planning Committee approved
SB 1536 (Klein) on Monday, April 17. S8 1516 \\;1\ now
go to the Senate Floor for vote. HB 2253 (Melvin) passed
out of the Honse General Govermnent Appropriations
Committee
Action: Please thank Rep. Albright and Sen. Carlton for
bearing these bills in their respertil>'e committees. We
are encouraging Rep. Sembler to withdraw HB 2253
from the General Government Appropriations
Committee.
.Simplified Communications Taxation
The House's Simplified Communications Taxation bill has
received a number. which is HB 2415 (Rojas). The bill will
be heard br either tlle Honse General Government
FinanceDiIecta'
Appropriations Committee or tlle lIouse Finance and
Taxation Committee on either April 24 or April 26. In the
Senate, CS/CSISB 1338 (Horne), has been placed on tlle
Senate Calendar and is available to be heard by the full
Senate at an)time
Action: Many of the outstanding i...... on this bill have
been resolved. The biD includes study commission
language regarding cable in-kind services and a very
detailed "repealer~ which will state that unl..s the
Legislature lakes action .. required under the bill
during the 2001 Legislative Session, the law a. it
currentIy exists today will he reinstated. The League is
working on the final amendments to HB 2415, which ,,'ill
be considered next week. Also. CS/CSlSB 1338 will have
to be amended to conform it to the House bill.
Private Property Rights
Bert J. Harris Act (Oppose)
HB 659 (Alexander) has been repeatedly postponed by its
sponsor on tllc House floor. Its Senate companion bill. SB
2476 (Kirkpatrick), will be considered Monday April 24 by
the Senate Compo Planning Committee The Lcague
opposes both bills because ther subject local governments to
increased liability tmder tlle Rert J. Harris Private Property
Rights Act (O'Hara)
Right To Farm Act (Oppose)
HB 2237 (Comnnttcc on Agriculture and Putnam) passed
the House General Govermnent Appropriations Committee
Wltll an amendment that will prohibit local governments
from adopting ordinances that regulate any fanning activity,
where the farming activ;ly is subject to regnlation by a slate
agency or water management dislnct. Thanks to Reps.
Lawson and Ritter for their support of mwnClpal interests in
that committee.
Currently, local governments may adopt more stringent
regnlations than tllosc imposed by a state agency or water
management district, onless the area of regulation is
expressly preempted by state or federal stalute. This
amendment would takc tllis authority away from local
Legislative Dulldin
Page 1
Florida League of Cities In<.
10_ I eresa t;oroka. , City 01 Aventura
FL League of Cities 4/21/00
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RightFAX
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governments. This means that a local government could not
adopt local environmental or water regulations that would be
applied to farming operations. SB 1904 is ready for a vote
on the Senate Ooor. It differs from HB 2237 in that it
prohibits local governments from adopting 1!!!Y ordinances
that regulate agrieoltural nses, bnt approved local
environmental programs are exempted.
HB 2237 and SB 1904 are "must pass" bills for the
Department of Agriculture and Consumer Services, and the
League is urging members to support amendments that
would strike the Right to Farm language from these bills.
However, SB 1848 (Kirkpatrick) is a "stand alone" bill that
would also amend the Right to Farm Act in a manner similar
to HB 2237 aod sa 1904. SB 1848 will be considered on
Monday, April 24 by the Senate Comp. Planning
Committee
Action: Please contact your legislators aod members of
tbe Senate Compo Planning Committee as soon as
"",oible. U'1le them to vote "no" on SB 1848 and SB
2476. A8k all legiolatnn to ...pport amendments to SB
1904 and DB 2237 that wonld otrike the Right to Farm
language. Be sure to call or write committee members
prior to Monday'o committee meeting. A sample
opposition letter for each bill is provided for your
convenience on the League's Home Rule Watch website.
(O'Hara)
Compo Planning Committee (phone numbers):
Sen. Lisa Carlton, Chair
Sen Patsy Ann Kurth
Sen. Charlie Clary
Sen. Tnm Lee
Sen. "Doc" Myers
Sen. Howard Forman
Sen. Steven Geller
Sen. Richard Mitchell
(850) 487-5081
(850) 487-5053
(850) 487-5009
(850) 487-5072
(850) 487-5088
(850) 487-5103
(850) 487-5097
(850) 487-5017
Outdoor Advertising/Billboards (Oppose)
The outdoor advertising industry appears ready to attempt to
amend the Florida Statutes to prohibit local goveruments
from establishing amortiz.ation periods for tbe removal of
outdoor advertising signs. This issue is also known as
expanding the "just compensation" requirements for the
removal of outdoor advertising SIgn'. The Federal Highway
Beautification Act requires cities and counties in states
receiving fuderal highway money to pay just compensation
when they require removal of outdoor advelt1sing signs
adjacent to federal highways. The Act docs not preempt
city and county authority to require removal of billboards
Without compensation provided a reasonable amortization
period is allowed. Many ellies and counties m the state of
Florida have ado led reasonable amortization riods (often
between 5 1/2 to 10 years) fur the removal of outdoor
advertising signs not adjacenl to federal highways. The
outdoor advertising industry's proposed amendment is a
radical departure from current state law.
Action: The outdoor advertioing induotry hao not yet
attempted to amend any opecific bill; however, any bill
relating to transportation is a potential vehicle for luch
an amendment. CS/HB 893 (K. Smilh) and CS/CS/SB
1368 (Weboter) are the twn Department of
Transportation billo and are likely bills for any
amendments. Memben of the HoWlC and Senate
TransJMlrlation Commitlee8 have been alerted to tbe
posolbility of this amendment. Please contact your
Senators and Representativeo and enconrage them to
oppo.. any amendmen18 to remove tbe authority of dtieo
add counties to adopt reasonable amortization ~hedules
for tbe removal of outdoor ad",rtisinl/ oil/o" (Coon)
Buildinl! Codes
The Florida Building Code (Support)
CStCS/SB 4 & 380 (Diaz-Balart and Clary). which
addresses the enaennent aod implementation of the Florida
Building Code, remains on the Senates Special Order
Calcodar. DB 219 (Constantine), the Honse version oflbe
huilding codes hill, was heard for the first time on April 18
and passed the House Community Affairs Committee Tile
main difference belween the two bills is the geographical
area that will be snl!iccl to the tougher windstorm standards.
While both versions require the tougher wrndstorm
standards for the southern half of the state, the House bill
would also impose the tongber standards on a greater area of
the northern half of the state. Both bills allow local
governments to retain the authority to enact more stringent
standards tbaa those contained m the Florida Building Code.
Additionally, the House btll woold delay lhe implementation
of the oew code until July 200 I.
Action: While CS/CS/S8 4 & 380 is on tbe Special
Order Calendar, HB 219 has two committees: of
reference remaining, the Hoose Committees on Busine!is
Regulation & Cnn...mer Arraln and Transportation &
Economic Development. The League will continue to
work witb the Legislatore to ensure that the Code, and
the admioistration of the Code are consilient with tbe
League'o 2000 Legislative Policy Statement. (Kelly)
~
Loul Government Financial Technical
Assistance Program (Support)
The Cooference Committee on General Government
Appropriations has recommended $200,000 for the
Financial Technical Assistance Program
Legiolative Bnlletin
Page 2
Florida League of Cities Ioe.
10: I ere~a ,sorok.a. . l.Ay oj Aventura
FL League of Cities 4/21/00
LJd\~. U4126U0uu imle 12.00.00 PIli;
!'\L ,\IV r'd9iO.i 01";
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BB 1181 (C Smith) authorizes local government to plm~
design, oonstm(,.1, install, or maintain traffic calming
'1eclmiques" on the streets and highways under their
jurisdiction The bill is intended to allow local governments
to employ the use of traffic calming teclmiques, including,
but not limited to speed bumps, speed humps, speed tables,
roundabouts, or other pavement desigos, without being
subjected to the requirements of section 3 t 60745, Florida
Statutes or the appUl\"di of the Florida Department of DB 2335 (Community Affairs), formerly PCB CA 00-08,
Transportation There is an amendment traveling with the passed the House Government Operation; Committee on
bill that encompasses the pl'O\isions of BB 471 (GtlItlieb) Wednesday'. A "strike every1hing" amendment and 20
authorizing municipalities with a population over I million additional amendments were offered and briefly deliberated
to impose a surcharge, up to $5, on civil penalties collected However, onty 5 passed favorably. The League still bas a
from traffic infractions. The proceeds nf the surcharge must commitment from Rep Alexander to hold off on BB 659
he used for residential traffic calming programs Bert J Hams Privale Property Rights ProIection Act,
legislative Bulletin Florida League of Citieo Ine.
Action: Please thank the member. appointed to the
Conference Committce for their support. (Smith)
Local Revenuesffraffic Infractions (Oppose)
SB 152 (Sebesta) and BB 859 (Ball) limit a municipality's
reveIllle generated from civil penalties, collecled from traffic
violations, to no more than 25 percent oflhe municipality's
total annual revenue. The bills exclude grant revenue from
the calculation of total reveIDle
Action: SB 152 was temporarily deferred by the Senate
Compo Planning Committee on Monday, April 17, but Is
on the calendar for Monday, April 24. BB 859 has been
referred to the Bouse Tra/lllportation and Economic
Development AppropriatiO/lll Committee. Please contact
the members or these committees and ur~e them to
op)108e this bill (Kelly)
Local Taxing Authorities (Oppose)
BJR 2191 (Feeney) is a House Joint Resolution proposed to
amend Article Vll, Section 9, of the Florida Constitution.
The resolution provides that after Jamary I, 2001. no
county, school district, municipality, or special district may
lIIIpOSe, expand the base of, increase the rate of, or repeal an
exemption from a tax unless enacted in a separate local rule
or ordinance for that pu1]Xl6e only by a three-fifths vote of
the membership of its governing body
Action: Each hoose of the I,egi.latnre mu.t pas. a joint
resolution by a three-fifths vole in order for the pro)108al
to be plaeed on the ballot. Currently, there Is no Senate
companion to BJR 2191. Please contact yoor legislators
and encoorage them not to .upport this joint resolution
to restrict the authority of municipal governing bodies to
estahlish tax policies for their respeetive municipalities.
(Conn)
General GovernllU!nt
Traffic Calming Techniques (Support)
Action: BB 1181 pa..ed the Roo.e Community Affairs
Committee and will now go to tbe Criminal Justice
AppropriatiOllll Committee. Please contact yoor Boose
members and urge them to .upport this hill. (Kelly)
Red Ught Safety Act (Support)
BB 1159 (Fjfman and Levine) cTCates a pilot project, in
Palm Beach and Broward Counties. authorizing
municipalities located within those counties to use traffic
infraction detectors to photograph motor vehicles running
red lights and issue tickets to the violators based upon those
photographs HB I t59 recently passed the House
Community Affairs Committee and will now go to the
Tramportalion and Economic Development Appropriation;
Committee (Kelly)
Personal Watercraft/Jet Skis
58 2554 (King) and HB 2225 (Alexander) relate to the
regulation of boaIing vessels, including personal watercraft
or jet skis The bills amend section 327 60 Florida Statutes
which acknowledges that local governm';"s may regulat~
the operation and equipment of boating vessels within
certain limitations. The amendment states that any'
ordinance or local law adopted by a local government may
not discriminate against personal watercraft or jet skis This
amendment means that any regulations adopted by a local
government could not be specifically related to personal
watercraft or jet skis, but would have to apply equally 10 all
boaIing vessels The bills also amend section 32740
Florida Stalntes, regarding the marlcing of waterways Thi~
amendment states that no city or county may place any'
safety or navigational markers in, on, or over the waters or
shores of the state "ithout obtaining a permit from lIle
Division of Law Enforcement of the Fish and Wildlife
Conservation Commission
Action: BB 2225 Is in the Boo.e General Government
Appropriation. Committee and SB 2554 i. in the Senate
Natnral Reooorces Committee. Please contaet your
legislator. and inform them as to how these bills will
impact any jet .ki regulations yoo ma)' have or your
ability to mark waters within yoor jurisdiction. Also,
please contact the League with any comments yoo have,
If yoo woold like a copy of either bil~ please contact
Snsan Harris at tbe League, (Conn)
Growth Manaeement
Pa~e 3
FL League of Cities 4/21/00
Date U4/~~J2UOU lime: 12:0606 I-'M
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To Teresa Soroka. . City of Aventura
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4:50: PAGE 4/4
provided a stale impl>ied, one-year moratorium on the
down-zoniug of agricultural lands contained in HB 2335
remains in the bilL We are still concerned about HE 659
and S8 2476 so continue to keep those opposition phone
calls and letters gOing to your legis1at~
E"1ensive changes p""ided in the "strike everything"
amendment puiitively shape growth managemenl efforts and
the effects to municipal operations remain minimal. Such
changes exempt airports meeting the airport master planning
requirements from develqllnent of regional impact Te\1ews
and returns acreage of small scale amendment to 10 acres or
less (HB 2335 initially provided that a small scale
amendment was oW aer.. or kss and that all airports were
exempt from DR! review) The "strike evel)1hing"
amendment also reDlO\'CS the transportation concurrency
exemption 'l'tion granted to local governments for regional
activity cenlers such as malls, offices, stadiums, hotels,
motels and industrial parks A detailed summary of the
diffi:rences between the "strike evCIything" amendment and
HE 2335 is provided on Home Rule Walch
Action: Please continue to correspond llo,ith your
legislators and let them know of the commitment we',,'e
made to support HB 2335 if Hou8C Leadership ceas..
further action on the Bert Harris Property Righl8 Bill.
You may aee..s a draft leU... on the League's weh8ite
'ft'll'l1o'.flcitit'S.com under "Gro,.,1h Management" on
Home Rule Watch. (Carper)
Personnel and Ethics
Division of Fire Marshal Regulating Safety
(Oppose)
DB 1151 (Waters and others) passed the Hoose
Insurance Committee on Monday, April 17,
unamended SB 1682 (Governmental Oversight) is on
the Senate Calendar. These bills woold allow the State
Fire Marshal's Division, Departmenl of Insurance, to
enforce and add stalewide safety regulations, for
firefighters ooly The reguJation of all other public
employecs is yet to be detenniued, as this issue involvcs
the aboIishmenl of the Department of Labor, with
diflerent scenarios contained in several different bills.
SB 2180 (Clary) would re-institute the Division of
Safety, but downsize it to a Bureau w1thin the Di\1sion
of Workers' Compensation The Division of Safety was
abolished, effective in 2000, during the 1999 Session.
The Senate bill does not have a companion, but could
be amended 0010 a Hoose bill thai is progressing
throogh the system The League is strongly oppu;ed to
the Fire Marshal's office promulgating mles and
regulalions, managing inspections, requiring new
workplaoe safety programs, just for fire departments,
and IC\ying penalties on firefighter employers (up to
$50,000). Safety programs shoold apply to all
employees Fire unions are strongly pushing the idea in
order to facilitate the adoption of more state mandated
standards on employers. such as increased OSHA and
NFP A standards that are now optional
Action: Please ask your I~laton to oppose DB 1151
and SB 1682, and support SB 2180 as an alt...native,
(Marchner)
Florida Retirement System (FRS)
The House and Senate have disagroed until now on what
benefits to increase, what surplus to retain, whether to
reduce contribution rates for employers, and whether to
institute a defmed contribution (DC) plan for all employees
The Senate held a press cooference on Thursday, April 20 to
announce their position on all the aforementioned, contained
ml>itly in SB t026 (Silver) (three yr average final
compensation calculation, five year vesting DC plan for all
reinstatement of the 3% benefit for police and fire, and
ntinimum disability increase for special risk from 42% to
65%)
On Thursday, the State Board of Administration (Governor,
Treasurer and Comptroller) finalized their policy on reserves
under the FRS, which essentially allows for just enough
money to retroactively increase benefits for police and fire
(the 3% accrual rate that they received in the 7(fs and was
rescinded in the 8(fs) The League's puiition is that cif)'
contribution rates are too high, specifically for special risk
employees, and should be reduced We support any otber
'l'tions, especially the DC plan option, to the e"1ent that
contribution rates are decreased.
Immediately following the Srate Board of Administration's
meeting, the Hoose held a press conference with the Police
Benevolent Association to announce that they would
iucrease benefits to cover the police and fire 3 %
reinstatement, increase minimum disability for police and
rITe to 65o/~ reduce vesting for all employees to 8 years, and
institute a DC plan for all employees These issues will
ml>it likely be taken up in DB 2395 (pruitt) At this lime, it
appears thai the Droiected contribution rates for general
employees will he 8 89o/~ and 1987% for special risk, as of
January I, 2001.
Aetion: If your city participat.. in the FRS. ask your
legislators to remember local emplo)"ers when making
decisions regarding the state retirement s)..tem.
(Marchner)
Legislative Bulletin
Pa~e 4
Florida League of Cities IDe.
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, EXPRESSING ITS
OPPOSITION TO ANY CONGRESSIONAL ACTION TO
IMPLEMENT THE ADVISORY COMMISSION ON
ELECTRONIC COMMERCE'S REPORT PROPOSALS
THAT PREEMPT STATE AND LOCAL SOVEREIGNTY;
OPPOSING THE EXTENSION OF THE CURRENT
MORATORIUM UNLESS CERTAIN CONDITIONS ARE
MET; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the use of new communications technologies, including the Internet,
as a way to conduct sales of goods and services is accelerating; and
WHEREAS, out-of-state vendors who conduct sales via the Internet, under many
circumstances, are not required by law to collect existing sales and use taxes imposed
by state and local governments in which the purchaser resides; and
WHEREAS, the primary barrier to collecting taxes on sales via the Internet is the
Supreme Court's ruling in Quill v. North Dakota which defers to Congress, and only
Congress, to authorize states to require vendors selling via the Internet to collect taxes
in a manner that does not unduly burden interstate commerce; and
WHEREAS, current laws create a competitive disadvantage and great inequities
between merchants who sell from traditional "brick-and-mortar" establishments and
those who sell from electronic stores; and
WHEREAS, this migration of sales to the Internet is restricting the ability of state
and local governments and school districts to collect taxes which finance essential
Resolution No.
Page 2
public services including but not limited to police, fire, emergency medical service,
education, social services, infrastructure development, and local health care; and
WHEREAS, the United States Constitution reserves for the states the right to
collect and impose taxes; and
WHEREAS, 45 states and the District of Columbia collect over 40 percent of
overall revenue from sales taxes to fund vital public services; and
WHEREAS, a recent University of Tennessee study estimates that sales tax
revenue losses in 2003 will exceed $10 billion; and
WHEREAS, the Advisory Commission on Electronic Commerce, established by
the Internet Tax Freedom Act, failed to address, in a fair and equitable manner, the
growing volume of tax-free sales transactions occurring over the Internet, which have
put "brick-and-mortar" stores at a competitive disadvantage; and
WHEREAS, the Commission's report to Congress does not effectively address
the tax losses state and local governments will experience if the Internet becomes a
permanently tax-free retail market.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City of Aventura opposes any congressional action to implement
the Advisory Commission on Electronic Commerce's report proposals that would
preempt state and local sovereignty, guaranteed by the 10th Amendment of the United
States Constitution.
Resolution No.
Page 3
Section 2. The City of Aventura supports simplification of state and local sales
taxes, and urges states to move expeditiously to craft and approve model legislation.
Section 3. The City of Aventura opposes any congressional efforts to expand
the current moratorium to cover state and local sales and use taxes.
Section 4. The City of Aventura opposes any efforts to extend the current
moratorium unless the extension is for two years or less and is directly linked to
congressional authorization to states that simplify their sales and use tax system to
collect use tax on all transactions via the Internet.
Section 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner
who moved its adoption. The motion was seconded by Commissioner
, and upon being put to a vote, the vote was as follows:
Commissioner Arthur Berger
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder
PASSED AND ADOPTED this 2nd day of May, 2000.
Arthur I. Snyder, Mayor
ATTEST:
Teresa M. Soroka, CMC, City Clerk
Resolution No.
Page 4
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
ihe :&lami Hm\t(l el NUM Hemld
www.herald.com
www.elherald.com
Published Dailv
MIAMI, FLORIDA
STATE OF FLORIDA
COUNTY OF DADE
Before the undersigned authority personally appeared:
TONI RICHARDSON
Who on oath that she is
ADVERTISING OFFICE MANAGER
Of The Miami Herald Publishing Company, a daily newspaper published at Miami
in Dade County, Florida; thatthe advertisement for Ch o.{. IJ..<rJ.j".~, ~.., lop,.J flJ,d"f,,,,
was published in said newspaper in the issues of: L/ /, "1 t,t.!
(.,.....--Gtfl jl~") "'... ct-A<..( G-d
/-!ok! tl""J,'Y'-
Affiant further says that the said 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.
~ Lcf;c~JorL
Toni Richardson
Sworn t~ rd subscribed before
f 'i day of .
A.D. 2000
,l"~.::'''' -,0:, MONICA J. KEllY
[.~~'-i MY COMMISSION I CC 897548
~ . , EXPIRES, April 22, 2004
, >4:f,.: BondedThruNotaryPublicUndeiwriters
16855 N.E. 2nd Avenue, North Miami Beach. FL 33162
}KNIGHTRIDDER)
0,,' CITY OF AVENTURA
, [- NOTICE OF AMENDMENT .
"\:~ TO THE CITY'S LAND . .
. DEVELOPMENT REGULATIONS;'
. 0 .
Public netice is hereby given that the City oL-,
Aventuni Cemmissien will meet in a public hearing" :
to. censider adeptien ef the fellewing Ordinance el'!' .
seco.nd reading:
AN ORDINANCE OF THE CITY OF AVENTURA," '
FLORIDA, AMENDING THE CITY'S LAND~ :
DEVELOPMENT REGULATIONS, ENACTED BY", ,
ORDINANCE 99-09, BY AMENDING CHAPTER
9 -SIGN REGULATIONS, SECTION 901.7(b):'
CONCERNING WALL SIGNS ON OFFICE AND.;':
HOTEL BUILDINGS; PROVIDING FOR SEV~ .
ABILITY, INCLUSION IN THE CODE; AND'"
PROVIDING FOR AN EFFECTIVE DATE. .:, :
The above described Public Hearing will be held-, .
o.n Tuesday, May 2, 2000, at Biscayne Medical: .
Arts Building, 21110 Biscayne Boulevard, Suih( .
101, Aventura, Florida 33180. The pro.posed,
Ordinance may be inspected by the public at the .
Office o.f the City Clerk, 2999 NE 191 Street, Suite
500, Aventura, Flo.rida. Interested parties may
appear at the Public Hearing and be heard wi'-"
respect to. the pro.po.sed Ordinance. Any perso.n
wishing to. address the City Co.mmissio.n o.n any..
item at this Public Hearing is asked to. register with' :
the City Clerk prier to. that item being heard. .
In accerdance with the Americans with DisabilitieS"
Act ef 1990, all persons who. are disabled and who. _
need special acco.mmodatiens to. participate in> :
this proceeding because ef that disability sheuld' .
centact the Office ef the City Clerk, (305}<
466-8901, net later than two. business days prier: .
to. such proceedings. .~
.t,c.<
If a persen decides to. appeal any decisien macflt:
by the City Cemmissien with respect to. any mattet;;.
censidered at a meeting er hearing, that person,
will need a recerd ef the proceedings and, fer sUQn;.
purpese, may need to. ensure that a verbatim.:
. recerd ef the preceedings is made, which record'
includes the testimeny and evidence upen which
the appeal is to. be based. . ,
Teresa M. Seroka, CMC, City CI~ .
",
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MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida.
STATE OF FLORIOA
COUNTY OF MIAMI-DADE:
Be'ore the undersigned authority personally appeared
Octelma V. Ferbeyr., who on oath says that she Is the
Supervisor, Legal Notices of the Miami Dally Business
Review flkla Miami RevMtw', a dally (except Saturday. Sunday
and Legal Holidays) newspaper, published at MiamI In Miami-
Dade County. Florida; that the attached copy 01 advertise-
ment, being a Legal Advertlsement of Notice In the matter of
CITY OF AVENTURA
PUBLIC HEARING 5/2/2000
RE: APPLICANT DREW WOLF,
INC.
In the.. ....... ....~.~~~~..................... Court,
w~ pi1I1.~81~ ..!!~aper In tho Issues 01
Affiant further says that the Mid Miami Dally Business
Review is a newspaper published at Miami In said MiamI-
Dade County. Florida, and that the said newspaper has
heretofore been continuously published In said MiamI-Dade
County, Florida, each day (except saturday, Sunday and
Legal Holidays) and has been entered as second class mall
matter at the POlt office In Miami In laid Miami-Dade
County, Florida, for 8 period of one year next preceding the
first publication of the attached copy of adYenlsementi and
anlant further sa she has her paid nor promls8c:l
any person, fI or co any lacount, rebate, com-
m Ion or re nd rpose of urlng this advertise-
m nt r p Ic said new per.
I
" l
.."\~-.,~
CITY OF AYENTURA
NOTICE OF PUBLIC HEARING
Oate and Time of Public Hearing: Tuesday. May 2, 2000
6:00 p.m.
'1
Applicant Name:
Drew Wolf, Inc.
Appllca,..t Request: Request of Drew Wolf, Inc. for Unusual Use approval to. permit a
parking area for employees and the storage of rental vehft1es in a
zone more restrictive than that in which th,e use it serves is located.
Application Number. 03-UU-Q9
Location of Subject Property: 17800 Biscayne Boulevard
legal Description: A portion of the East '% of Section '9, Township S2 South, Range 42
East. Miami,-Dade County, Florida. more particularly described as
follows: A tract of land 25.00 feet in width within the Florida East'
Coast Railroad right-<>f-way. lying westerly of. and adjacent to, Lots
13 and 14 of MAULE FEDERAL HIGHWAY INDLUSTRIAL SITES
as recorded in Plat Book 46 at Page 55 01 the Public Records of
Miami-Dade County.
Size of Subject Property: Approximately 5,625 square feet (0.13 acres)
Plans are on, file and may be examined during regular business hours in the City of Av'erltura,
Community Development Department. 2999 Ne 191 Stntet, Suite: SOO, AVI:tIlurill, 'Fk,l'ida.
33180. Plans may be modified at or before the Public Hearing, The application may change during
the hearing process.
The Public Hearing will be held at Biscayne Medical Arts Building. 21110 Biseayne ,Boulevard.
Suite 101, Aventura, Florida, 33180. Your comments maybe made in person at the-hearing or
filed in Writing prior to the hearing date, . Refer to applicantlproperty on correspondence and mail
same to City of Aventura. Community Development Department, 2999 HE 191, Street.- SUite
SOO, Aventura, Florida, 33180. For further information, please call (305) 466-8940,
L
In accordance with the Americans with 'Disabilities Act of 1990, all persons who are disabled and
who need special accommodations to participate in this proceeding because of thatdi$ability
should coritact the Office of the City Clerk, (305) 466-8901. not later than two business days prior to
such proceedings.
If a person decides to appeal any decision made by the City Commission with respect to any matter
considered at a meeting or hearing, that person will need a record of the proceedIngs and, for such
purpose, may need to ensure that a verbatim record of the proceedings is made, which record
InCluces me testimony ana eVloence upon WOlcn me appeal IS to De base:=cJ.
4/20
Teresa M. Soroka, CMC, City Clerk
00-3-126/45896M
(SEAL) ....~,~:'f~. MARIA I. MESA
'-'!':A;, \ illY COMMISSION I CC 885640
Qctelma V, Fert>eyre personal \r~~r' EXPIRES: Marc!l4. 2004
"''1..iir;,~rv Bond9d Thru N"'-TY PublIC UndlNwrilers
--~
~-=-=.-=-
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida.
STATE OF FLORIDA
COUNTY OF MIAM~DADE,
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she Is the
Supervisor, legal Notices ot the Miami Dally Business
Review tlkfa Miami Review, 8 dally (except Saturday, SUnday
and legal Holidays) newspaper, published at Miami In MiamI-
Dade County, Florida; that the attached copy ot advertise-
ment, being a Legal Advertisement ot Notice In the matter of
CITY OF AVENTURA
PUBLIC HEARING 5/2/2000
RE: APPLICANT GATEWAY
COUNTRY STORES, INC.
in the............ .>f..~.>f..>f..~................,.... Court,
w~ p,\!!lIs~8 I~ ..~ 8'1f8""per In the Issues of
Affiant further says that the said Miami Dally Business
Review Is a newspaper published at Miami In said MiamI-
Dade County, Florida, and that the said newspaper has
heretofore been continuously published In said MiamI-Dade
County, Florida, each day (except Saturday, Sunday and
Legal Holidays) and has been entered 88 second class mall
matter at the post office In Miami In said Mlaml.Dade
County, Florida, for a pertod of one year next preceding the
flrst publication ot the 8ttaChed copy of advertisement; and
affiant turther says that s neither paid nor promised
any person, tl or c ration y discount, rebate, corn-
mission or nd purpo of securing this advertise-
ment for Ilc I he said per.
(SEAL)
Octelma V. Ferbeyre personally
I
Date and Tjme of Public Hearing: Tuesday, May 2, 2000
6,00 p.m.
Applicant Name: Gateway Country Stores. Inc.
Applicant Request:
Request of Gateway Country Stores. Inc. for 8 Sign Variance to permit
one additional wall sign of approximately 65 square feet on the nOrth
elevation of its retail store located on an outparcel of the Aventuta
_~~n~ Shopping C~nter.
Application Number;
02-SV-OO
. location of 5ulijeCt PrOperty: .Z' 175 Biseayne Boulevard .
Legal Description: Tract "0", Aventura Convnons, Plat Book 151, Page 58 of the
Public Records of Miami~Oade ,County, Florida.
Size of Subject Property: Approximately 25 Acres
Plans are on file and may be examined during regular business hQurs in the City of'Awntura,
Community Development Department, 2999" NE 191 Street, Suite 500, Aventura. ,_ Florida,
33180. Plans may be modified at or before the Public Hearing. The application may cJj....<luring
the hearing process. .
.,-.
TIle Public Hearing Will be held at Biscayne Medical Arts Building, 21110 Biscayne '....Iev.rd,
Suite 101, Aventura, Florida, 33180. Your Comments may.be made in personal the N.aring or
fil4ld in writinO ,..rirv tn thP hP::Irino 11l:,tp Rpfpr tn ::tnnlir.RntlnrOflp.:rty on ~_~"nd mail
- to City of Aventura, Communily Development Department, 2999 NE 191 Slriiitl, Suite
500, Avenlura, Florida, 33180. For further information, please call (305) 466,8940.
In accordance with the Americans with Disabilities Act of 1990. all persons whO are. disabled arid.
who nee<! special aCCOmmodations to participate in this proceeding because. of that disabUity
should contact the Office of the City Clerk, (305) 466-8901, not later than two business days prior to
such proceedings. .
If a person decides to appeal any decision made by the City Commission with respect to any matter
considered at a meeting or hearing, that person will need a record of the proceedings and, 'for such
purpose, may need to ensure that a verbatim recor.d of the proceedings is made, which reco~d
includes the testimony andevidenee upon which the appeal is to be based.
.4120
Teresa M. Soroka, CMC. City Clerk
00-3-125/45895M