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02-25-2000 Workshop Agenda2. 3. 4. 5. 6. AGENDA Cultural Center Study Library Subcommittee Report Office Building Signage Gun Free Zone Defibrillators NE 199th Street Crossing (Commissioner Cohen) Board Reports Next Meeting - March 17, 2000 Ojus Study (Commissioner Beskin) Parcels U&V Comprehensive Plan Amendments This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305466-8901, not later than two days prior to such proceeding. Recommendation Report of the Library Subcommittee Aventura City Commission Library Subcommittee Commissioner Jay R Beskin, Chair Vice Mayor Arthur Berger Commissioner Jeffrey M Perlow Back~round A Commission Subcommittee was appointed by Mayor Arthur I. Snyder to explore the various alternatives relative to the current library services provided to the community. Three Subcommittee meetings were held. A survey was conducted and two Community Town Meetings were held to obtain feedback and input from the public. Discussions were held with two library consultants, to obtain input regarding possible renovations to the facility, privatization of library sexwices, what the "libraay of the future" should provide for its users and the importance of libraries on creating a sense of community. Recommendation Based on the input gained from all sources, the Subcommittee hereby submits the following recommended course of action to the City Commission to address the library needs and service levels for the residents of Aventura: Provide approximately $45,000 to fund the Lease Books Program suggested by the Miami -Dade Library Department (see attached) to address improvements to the book collections and business oriented materials. This would be accomplished via an Interlocal Agreement between both parties which would be for the exclusive use of patrons of the Northeast branch. The funding should begin with the 2000-2001 fiscal year and be renewed on an annual basis at the City Commission's discretion. Obtain more informed input from residents regarding potential library services by conducting high quality dialogues with focus groups or citizen juries that would present more detailed information. Engage the services of a library consultant to oversee the informed input process and to provide a recommended floor plan and other necessary redesign for a library to conform to the present and future needs of the community. Direct the City Manager to re-open negotiations with Miami -Dade relative to the City of Aventura funding and operating the existing libra~ facility while still providing services to the current unincorporated base area. Submitted February 16, 2000: Commissioner Jay R. Beskin, Chair Vice Mayor Arthur Berger Commissioner Jeffrey M. Peflow 02/01/00 13:25 ~3053755545 ~DPLS OO2 ~ ~J~-~ M E M 0 R A N D U M TO: Erick Soroka City Manager, City of Aventura DATE: SUBJECT: February 1, 2000 Northeast Branch Library FROM: Raymond Santiago Director of Libraries As a follow-up to our phone conversation I am attaching a copy of proposal prepared by staff for the City of Aventura. This proposal addresses the issue of increasing the book collection for use by branch patrons. I also want to reiterate the fact that if the City makes funds available for building renovations that the renovations and the expenditure of funds would be based upon an interlocal agreement between the City and County. Steve Sprat~ Sr. Special Assistant County Manager's Office -- 02/01/00 13:26 ~3053755545 MDPI.S ~003 PROPOSAL FOR THE CITY OF AVENTURA We look forward to working with the City of Aventura to improve the Library services at the Northeast Branch. The major concerns appear to be the waiting time for popular bestselling materials and the need for more business oriented materials. VV*~h that in mind, we recommend the following: If the City of Aventura were to donate $45,000 per year, the money would be used to significantly increase the number of titles of very popular fiction and nonfiction and for additional investment newsletters, newspapers, and business services. These items would be for the exclusive use of Northeast patrons. Lease plan for Bestselling Fiction and Nonfiction - $36,600 The purchase of a lease plan would allow for the immediate establishment 'of a core collection of 2,000 popular fiction and non-fiction titles that form the basis of a rotating collection. Lease plan books would be for the exclusive use of patrons of the Northeast Branch. Each month, multipte copies of bestsellers are ordered for the branch (approximately 200 books per month) and bestsellers that are no longer popular are sent back, keeping the lease plan collection at 2,000 currently popular items. The lease plan allows the Library to keep one book for every five returned. These items would then become part of the Miami-Dade Public Library System collection at Northeast Branch and would be made available to all patrons. The lease plan should significantly reduce the waiting time for popular titles. Investment Newsletters and Business Services The remaining money would be used to purchase investment newsletters and busineSS services which have been requested at the Northeast Branch. Items on the next page represent popular titles in this area from which we could select. '02/01/00 13:26 ~'3053755545 MDPLS 0004 Investment Newsletters and Business Services Cabot Market Letter CCH Financial and Estate Planning Chadist Mutual Fund Letter Dow Theory Letters Fidelity Monitor Hulbert Financial Digest Newsletter Investment Quality Trends Louis Rukeyser's Wall Street Medical Technology Stock Letter Mergent-Moody's OTC Untisted Manual Momingstar Variable Annuity Performance Report Mutual Fund Investing Outlook (S&P) Retirement Letter S&P Creditweek S&P Stock Market Encyclopedia Systems & Forecasts Value Line Select Wall Street Transcript Weiss Ratings' Guide to Banks & Thrifts 295 829 100 250 116 135 310 50 320 $1,150 125 149 298 89 $1,695 124 225 795 $1,890 438 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: FROM: BY: DATE: SUBJECT: jB~:r~dn: Kc:llre, Y,~,sC~sfl~ant pl~elopment Director February 22, 2000 Wall Signs on Office Buildings Proposal for Amendment to Sign Code At its workshop meeting of January 21, 2000, City Commission considered a staff proposal to amend the Sign Code to allow wall signs on office buildings according to the following formula: · 1 wall sign permitted on office buildings · Corner and through locations permitted a secondary sign of 50% of the size of the primary sign · Maximum size dictated by location of sign on building · At 1,2, 3 and 4 stories, maximum wall sign area of 1 square foot for each 1 lineal foot of frontage · At 5, 6 and 7 stories, maximum wall sign area of 1.5 square feet for each 1 lineal foot of frontage · At 8 and 9 stories, maximum wall sign area of 2 square feet for each 1 lineal foot of frontage · At 10 stories and above, maximum wall sign area of 2.25 square feet for each 1 lineal foot of frontage As requested by City Commission, staff has prepared a detailed report of all existing wall signs on office buildings in the City. A picture and summary of each building and sign is attached as Pages 1 to 27 of this memorandum. Based on the findings of the report, staff would now like to make the following amended proposal to permit wall signs on office buildings: · Maximum size and number of signs dictated by location of sign on building · 1 wall sign permitted on office buildings for sign located 1 to 7 stories high with a maximum sign area of 1 square foot for each 1 lineal foot of frontage · Corner and through locations for sign located 1 to 7 stories high permitted a secondary sign at 50% of the size of the primary sign · 2 wall signs permitted on office buildings for signs located 8 stories high and above with a maximum sign area of 1.5 square feet for each 1 lineal foot of frontage · No wall sign may face an adjacent residentially zoned property Tables showing the locations that would and would not comply with this proposal are attached for City Commission's review. The reason for the change from the original staff proposal is based on the detailed report, which shows: · More than 62%, 15 of the 24 office buildings with existing wall signs, will comply with the new proposal The majority of the non-complying locations are 1 to 3 story buildings with more than 1 existing wall sign. This is the case for both the original (1/14/00) and amended (2~22~00) staff proposal The original staff proposal of 2.25 square feet for each lineal foot of frontage for 10 story buildings created an allowable sign for Washington Mutual Bank on the Turnberry One building on Biscayne Boulevard at the Lehman Causeway 2.5 times larger than the existing signs · Under the amended staff proposal, Eagle National Bank at the Concord Center II building would be permitted one larger than existing and one additional wall sign There are only two locations where existing signs are larger than would be permitted. This is the case for both the original (1/14/00) and amended (2/22/00) staff proposal. Those locations are: i) The existing City National Bank signs on the Turnberry Plaza building on NE 191 Street The existing Washington Mutual Bank sign on its southern branch on Biscayne Boulevard Therefore, it is recommended that City Commission now consider a staff proposal to amend the Sign Code to allow the following: · Maximum size and number of signs dictated by location of sign on building · 1 wall sign permitted on office buildings for sign located 1 to 7 stories high with a maximum sign area of 1 square foot for each 1 lineal foot of frontage · Corner and through locations for sign located 1 to 7 stories high permitted a secondary sign at 50% of the size of the primary sign · 2 wall signs permitted on office buildings for signs located 8 stories high and above with a maximum sign area of 1.5 square feet for each 1 lineal foot of frontage · No wall sign may face an adjacent residentially zoned property Locations that would comply with 2/22/00 Proposal Orthopedic Care Center Permitted by variance Existing wall sign would comply OB 2 story 4/6/99 21000 NE 209 Street Linda Marx Realty OB Both existing wall signs comply Both existing wail signs would comply 2 story 20895 NE 209 Street Waterways OB No existing wall signs N/a 2 story 2797 NE 206 Street Point East Prof. Plaza OB No, wall signs not permitted on Existing wall sign would comply 2 story , office buildings 17971 Biscayne Blvd 1 existing wall sign HSBC Bank OB No existing wall signs N/a 3 story 2958 Aventura Bird South Trust Bank OB Both existing wall signs comply Both existing wall signs would comply 3 story 3050 Aventura BIvd Total Bank OB Existing wall sign complies Existing wall sign would comply 3 story 17701 Biscayne BIvd Biscayne Medical Arts No, wall signs not permitted on Existing wall sign would comply Center OB 4 stories office buildings 21110 Biscayne BIvd 1 existing wall sign Aventura Medical OB No existing wall s~gns N/a 4 stories 21150 Biscayne Bivd NationsBank OB Both existing wall signs comply Both existing wall signs would comply 4 stories 18305 Biscayne BIvd Aventura Corporate Centre Existing wall s~gn complies Existing wall sign would comply (south) 5 stories 20801 Biscayne Blvd Aventura Corporate Centre Existing wall s~gns comply Existing wall signs would comply (north) 5 stories 20801 Biscayne Blvd Courtyard Marriott Hotel Permitted by variance N/a 5 stodes 11/17/98 2825 NE 191 Street Eagle National Bank OB Existing wall s~gn complies Existing wall sign would comply 10 stories 2999 NE 191 Street Washington Mutual Bank Permitted by variance Existing wall signs would comply OB 9/01/98 10 stories 19495 Biscayne Blvd Locations that would not comply with 2/22/00 Proposal Mount Sinai North OB No, wall signs not permitted 1 existing wall sign would comply 1 story on office buildings 2 additional wall signs would not 19084 NE 29 Avenue 3 existing signs comply Dental Care Group OB No, wall signs not permitted 2 of the 4 signs would comply 2 story on office buildings the neon sign and the box sign 2797 NE 206 Street 4 existing signs - 1 is neon would not be permitted and 1 is a box sign Mount Sinai OB No, wall signs not permitted 1 existing s~gn would comply 2 story on office buildings 1 additional existing sign would 2845 Aventura Blvd 2 existing signs not be permitted Aventura Medical Center No, wall signs not permitted 1 wall sign would be permitted - OB - 2 story on office buildings cannot be on raceways - channel 2956 Aventura Blvd 2 existing signs on or reverse channel letter signs raceways only Washington Mutual OB No, existing sign is too No, existing s~gn is too large 2 story large 18301 Biscayne BIvd Jaffe Office Building 1 existing sign (for bank 1 existing wall sign would comply 2 story use) complies 7 additional signs would not be 18999 Biscayne Blvd Additional 7existing signs permitted do not comply First Union Bank OB 1 existing sign complies 1 existing sign would comply 3 story 2 additional signs do not 2 adciitional signs would not be 2925 Aventura Blvd comply permitted Turnberrry Bank OB Primary sign is larger than Primary sign would be larger than 3 story permitted, 1 secondary sign permitted, 1 secondary sign would 20295 NE 29 Place complies, other secondary comply, other secondary sign sign is not permitted would not be permitted City National Bank OB Existing signs are larger Existing signs would be larger 10 story than permitted than permitted 2875 NE 191 Street Locations that do not comply with Existing Code but would comply with 2/22/00 Proposal Point East Prof. Plaza OB No, wall signs not permitted Existing wall sign would comply 2 story on office buildings 17971 Biscayne Blvd 1 existing wall sign Biscayne Medical Arts No, wall signs not permitted Existing wall sign Would comply Center OB 4 stories on office buildings 21110 Biscayne Boulevard 1 existing wall sign Locations that would be permitted signage under Proposal where no signage exists to date Waterways OB No existing wall signs I wall sign would be permitted 2 story 2797 NE 206 Street Aventura Medical OB No existing wall signs 1 wall sign would be permitted 4 stories 21150 Biscayne Blvd Eagle National Bank OB 1 existing wall sign I additional wall sign would be 10 stories permitted 2999 NE 191 Street Mount Sinai North Office Building One story building 19084 NE 29 Avenue Estimated Building Frontage 120 feet Number and Size of Existing Wall 3 existing wall signs Sign(s) 1 on north side - 22 square feet 1 on west side - 22 square feet 1 on south side - 22 square feet Signs allowed under Existing None Sign Code Signs allowed under Proposed 1 wall sign Sign Code 120 square feet Does existing sign comply with No - wall signs not permitted on office buildings current Sign Code Will existing sign comply with 1 existing wall sign would comply proposed Sign Code 2 additional signs would not comply Mount Sinai Aventura Office Building Two story building 2845 Aventura Boulevard Estimated Building Frontage 375 feet Number and Size of Existing Wall 2 wall signs Sign(s) 114 square feet each Signs allowed under Existing I None Sign Code Signs allowed under Proposed 1 wall sign Sign Code 375 square feet in area Does existing sign comply with No - not permitted current Sign Code Will existing sign comply with One of existing signs would comply proposed Sign Code Second sign would not be permitted Police Department/Aventura Medical Center Office Building Two story building 2956 Aventura Boulevard Estimated Building Frontage 100 feet Number and Size of Existing Wall 2 existing wall signs Sign(s) 54 square feet each Signs allowed under Existing None Sign Code Signs allowed under Proposed 1 wall sign Sign Code 100 square feet in area Does existing sign comply with No - wall signs not permitted on office buildings current Sign Code Raceways not permitted Will existing sign comply with No - raceways not permitted proposed Sign Code Channel or reverse channel letters only permitted - 4 Point East Plaza Professional Building Two story building 17971 Biscayne Boulevard Estimated Building Frontage 130 feet Number and Size of Existing Wall 1 existing wall sign Sign(s) 17 square feet in area Signs allowed under Existing None Sign Code Signs allowed under Proposed 1 wall sign Sign Code 130 square feet Does existing sign comply with No - wall signs not permitted on office buildings current Sign Code Will existing sign comply with Existing wall sign would comply proposed Sign Code - 5 Washington Mutual Office Building Two story building 18301 Biscayne Boulevard Estimated Building Frontage 145 feet Number and Size of Existing Wall 1 existing wall sign Sign(s) 160 square feet in area Signs allowed under Existing 1 wall sign Sign Code 145 square feet Signs allowed under Proposed 1 wall sign Sign Code 145 square feet Does existing sign comply with Existing wall sign is larger than permitted current Sign Code Will existing sign comply with Existing wall sign would be larger than permitted proposed Sign Code 6 Jaffe Office Building Two story building 18999 Biscayne Boulevard Estimated Building Frontage 138 feet Number and Size of Existing Wall 8 existing wall signs Sign(s) 2 on south side; 110 square feet & 105 square feet 1 on east side; 64 square feet 1 on north side; 80 square feet 3 on west side; 60 square feet, 64 square feet and 110 square feet Signs allowed under Existing 1 wall sign (for bank use) Sign Cede 138 square feet in area Signs allowed under Proposed 1 wall sign Sign Code 138 square feet in area Does existing sign comply with 1 wall sign for bank use complies current Sign Code other 7 signs are not permitted Will existing sign comply with 1 existing sign would comply proposed Sign Code other 7 signs would not be permitted 7 9 Waterways Office Building Two story building 3575 NE 207 Street Estimated Building Frontage 120 feet Number and Size of Existing Wall No existing signs Sign(s) Signs allowed under Existing None Sign Cede Signs allowed under Proposed 1 wall sign Sign Code 120 square feet in area Does existing sign comply with Not applicable current Sign Code Will existing sign comply with Not applicable ~roposed Sign Code 10 Dental Care Group Office Building Two story building 2797 NE 206 Street Estimated Building Frontage g0 feet (comer location) Number and Size of Existing Wall 4 existing wall signs Sign(s) 1 on south side, 15.5 square feet 3 on east side, 24 square feet, 22 square feet and 13.5 square feet Signs allowed under Existing None Sign Code Signs allowed under Proposed 2 wall signs Sign Code 1 Primary sign of 90 square feet I Secondary sign of 45 square feet Does existing sign comply with No - wall signs not permitted on office buildings current Sign Code Neon signs not permitted Will existing sign comply with 2 of the 4 signs would comply proposed Sign Code 2 additional signs would not be permitted Neon signs not permitted 11 Linda Marx Realty Office Building Two story building 20895 NE 209 Street Estimated Building Frontage 82 feet (corner location) Number and Size of Existing Wafl 2 existing wall signs Sign(s) 1 Primary sign of 12 square feet 1 Secondary sign of 7 square feet Signs allowed under Existing 2 wall signs Sign Cods 1 Primary sign of 82 square feet 1 Secondary sign of 41 square feet Signs allowed under Proposed 2 wall signs Sign Code 1 Primary sign of 82 square feet I Secondary sign of 41 square feet Does existing sign comply with Both existing signs comply current Sign Code Will existing sign comply with Both existing signs would comply proposed Sign Code Orthopedic Care Center Office Building Two story building 21000 NE 209 Street Estimated Building Frontage 250 feet (corner location) Number and Size of Existing Wall 1 existing wall sign Sign(s) 90 square feet Signs allowed under Existing None Sign Code Signs allowed under Proposed 2 wall signs Sign Code 1 Primary sign at 250 square feet 1 Secondary sign at 125 square feet i Does existing sign comply with Existing sign permitted by variance current Sign Code Resolution 99-16 adopted 04-06-99 Will existing sign comply with Existing sign woutd comply ~roposed Sign Code 13 Turnberry Bank Office Building Three story building 20299 NE 29 Place Estimated Building Frontage 160 feet (corner location) Number and Size of Existing Wall 3 existing wall signs Sign(s) 175 square feet on west side 63 square feet on north and south sides Signs allowed under Existing 2 wall signs Sign Code 1 Primary sign of 160 square feet 1 Secondary sign of 80 square feet Signs allowed under Proposed 2 wall signs Sign Code 1 Primary sign of 160 square feet 1 Secondary sign of 80 square feet Does existing sign comply with Primary sign is larger than permitted current Sign Code 1 Secondary sign complies, other secondary sign is not permitted Will existing sign comply with Primary sign would be larger than permitted pmposedSign Code 1 Secondary sign would comply, the other secondary sign would not be permitted 14 TotalBank OfFice Building Three story building 17701 Biscayne Boulevard Estimated Building Frontage 82 feet Number and Size of Existing Wall 1 existing wall sign Sign(s) 46.5 square feet in area Signs allowed under Existing 1 wall sign Sign Code 82 square feet Signs allowed under Proposed I wall sign Sign Code 82 square feet Does existing sign comply with Existing wall sign complies current Sign Code Vl~81 existing sign comply with Existing wail sign would comply proposed Sign Code - 15 South Trust Bank Office Building Three story building 3050 Aventura Boulevard I Estimated Building Frontage 100 feet (corner location) Number and Size of E~ti~g Wall , 2 existing wall signs Sign(s) I Primary sign of 85.5 square feet 1 Secondary sign of 39 square feet Signs allowed ~;;de,- Existing 2 wall signs Sign Coda 1 primary sign at 100 square feet in area 1 secondary sign at 50 square feet in area Signs allowed under Proposed 2 wall signs Sign Code 1 primary sign at 100 square feet in area 1 secondary sign at 50 square feet in area Does existing sign comply with Both signs comply current Sign Code Will ~;;ng sign comply with Both signs will comply proposed Sign Code 16 HSBC Bank Office Building Three story building 2958 Aventura Boulevard Estimated Building Frontage 67 feet Number and Size of Existing Wall No existing wall signs Sign(s) Signs allowed under Existing 1 wall sign Sign Code 67 square feet in area Signs allowed under Proposed 1 wall sign Sign Code 67 square feet in area Does existing sign comply with Not applicable - no existing signs current Sign Code Will existing sign comply with Not applicable - no existing signs proposed Sign Code 17 First Union Bank Office Building Three story building 2925 Aventura Boulevard Estimated Building Frontage ! 10 feet Number and Size of Existing Wall 3 existing wall signs Sign(s) I on south side, 1 on west side, 1 on east side 47.5 square feet each Signs allowed under Existing I wall sign Sign Code 110 square feet Signs allowed under Proposed 1 wall sign Sign Code 110 square feet Does existing sign comply with 1 existing s~gn complies current Sign Code second and third signs are not permitted Will existing sign comply with 1 existing sign would comply proposed Sign Cods second and third signs would not be permitted 18 Aventura Medical Building Office Four story building 21150 Biscayne Boulevard Estimated Building Frontage 180 feet Number and Size of Existing Wall No existing wall sign Sign(s) Signs allowed under Existing None Sign Code Signs allowed under Proposed 1 wall sign Sign Code 180 square feet Does existing sign comply with No existing wall sign current Sign Code Will existing sign comply with No existing wall sign proposed Sign Code 19 Biscayne Medical Arts Center Office Building Four story building 21110 Biscayne Boulevard Estimated Building Frontage 180 feet Number and Size of Existing Wall 1 existing wall sign Sign(s) 27 square feet Signs allowed under Existing None Sign Code Signs allowed under Proposed 1 wall sign Sign Code '180 square feet in area Does existing sign comply with No - wall signs not permitted on office buildings current Sign Code Will existing sign comply with Existing wall sign would comply r~roposed Sign Code - 20 NationsBank Office Building Four story building 18305 Biscayne Boulevard Estimated Building Frontage 158 feet (corner location) Number and Size of Existing Wall 2 existing wall signs Sign(s) 1 Primary sign of 80 square feet I Secondary sign of 35 square feet Signs allowed under Existing 2 wall signs Sign Code 1 Primary sign of 158 square feet 1 Secondary sign of 79 square feet Signs allowed under ~-~o~osed 2 wall signs Sign Code 1 Primary sign of 158 square feet 1 Secondary sign of 79 square feet Does existing sign comply with Both existing signs comply current Sign Code Wifl existing sign comply with Both existing signs would comply proposed Sign Code 21 Courtyard Marriott Hotel Building Five story building 2825 NE t9t Street Estimated Building Frontage 130 feet Number and Size of Existing Wa// 2 existing wall signs Sign(s) 71 square feet on south side 53 square feet on east side Signs allowed under Existing None Sign Code Signs allowed under Proposed 1 wall sign Sign Code 130 square feet Does existing sign comply with Signs permitted by variance approved by current Sign Code Resolution 98-87 adopted 11-17-98 Will existing sign comply with ! Not applicable - existing s gns permitted by proposed Sign Code variance 22 Aventura Corporate Center Office Building (North Building) Five story building 20802 Biscayne Boulevard Estimated Building Frontage 180 feet (corner location) Number and Size of Existing Wa// 2 existing wall signs Sign(s) 63 square feet each Signs allowed under Existing 2 wall signs Sign Code 1 Primary sign at 180 square feet 1 Secondary sign at 90 square feet Signs allowed under Proposed 2 wall signs Sign Code 1 Primary sign at 180 square feet I Secondary sign at 90 square feet Does existing sign comply with Existing signs comply current Sign Code Will existing sign comply with Existing signs would comply proposed Sign Code 23 Aventura Corporate Center Office Building (South Building) Five story building 20801 Biscayne Boulevard Estimated Building Frontage 180 feet (comer location) Number and Size of Existing Well 1 existing wall sign Sign(s) 65 square feet Signs allowed under Existing 2 wall signs Sign Code 1 Primary sign at 180 square feet 1 Second sign at 90 square feet Signs allowed under Proposed 2 wall signs Sign Code I Primary sign at 180 square feet 1 Secondary sign at 90 square feet Does existing sign comply with Existing sign complies CutTent Sign Code Will existing sign comply with Existing sign would comply proposed Sign Code 24 Eagle National Bank Office Building Ten story building 2999 NE 19t Street Estimated Building Frontage 160 feet , Number and Size of Existing Wall 1. existing wall sign Sign(s) 160 square feet Signs allowed under Existing 1 wall sign Sign Cede 160 square feet in area Signs allowed under Proposed 2 wall signs Sign Code 240 square feet each Does existing sign comply with Existing sign complies; location 50% above roofline current Sign Cede approved by Resolution 99-23 adopted 01-06-99 Will existing sign comply with Existing wall sign would comply ~roposed Sign Code 25 City National Bank Office Building Ten story building 2875 NE 191 Street Estimated Building Frontage 160 feet (through location) Number and Size of Existing Wall 2 existing wall signs Sign(s) 656 square feet each Signs allowed under Existing 2 wall signs Sign Cede 1 Primary sign at 160 square feet 1 Secondary sign at 80 square feet Signs allowed under Proposed 2 wall signs Sign Code 240 square feet each Does existing sign comply with Existing signs are larger than permitted current Sign Code Location above roofline is not permitted Will existing sign comply with Existing signs would be larger than permitted proposed Sign Code Location above roofline would not be permitted 26 Washington Mutual Bank Office Building Ten story building 19495 Biscayne Boulevard Estimated Building Frontage 416 feet (corner location) Number and Size of Existing Wall 2 existing wall signs Sign(s) 372 square feet each Signs allowed under Existing 2 wall signs Sign Code 1 Primary sign at 416 square feet 1 Secondary sign at 208 square feet Signs allowed under Proposed 2 wall signs Sign Code 824 square feet each Does existing sign comply with Existing signs approved by variance current Sign Code Resolution 98-76 adopted 09-01-98 Will existing sign comply with Existing signs would comply proposed Sign Code 27 RESOLUTION NO. 99- RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, CONCERNING FIREARM RELATED VIOLENCE; PROVIDING FOR VIOLENCE MITIGATION PROGRAM CONSISTING OF GUN BUYBACKS; ENCOURAGEMENT OF OWNERS OF BUSINESS PREMISES TO CONSIDER RESTRICTING ACCESS OF PERSONS WITH FIREARMS; DECLARING "GUN FREE ZONE;" PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Commission of the City of Aventura finds that violence related to firearms disturbs the public peace and impairs the safety and security of citizens, businesses and tourists within the City; and WHEREAS, the City Commission finds that it is necessary to develop effective municipal programs for the mitigation of firearm related violence; and WHEREAS, the City Commission f'mds that the development and implementation of the violence mitigation program described below will serve to protect the health, safety and welfare of the community. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY CO1VEVIISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That the above recitals are hereby confirmed and adopted herein. Section 2. Violence Mitigation Program. A violence mitigation program (the "Program") is hereby adopted to consist of the following: 1. Provisions for the buyback of guns from residents of the City; 2. Encouragement of the owners of business premises to consider precluding persons possessing firearms from private property; 3. The declaration of a "Gun Free Zone" for the City. Section 3. Gun Buvbacks. The City Manager, in consultation with the Cf-fief of Police, shall develop and present to the City Commission for approval a gun buyback program by which the City will periodically acquire, with lawfully appropriated City funds, firearms possessed by residents of the City, so as to reduce the proliferation of firearms within the City. Section 4. Encouragement To Private Business Property Owners. The City Manager, in consultation with the Chief of Police, shall develop and present to the City Commission for approval a community relations program which encourages (but does not require) the owners of business premises to consider precluding the entry of persons possessing firearms upon private property. Section 5. Gun Free Zone. That in accordance with this Resolution, a "Gun Free Zone" is hereby declared for the City. This shall serve to express the City's strong commitment to the reduction of violence associated with firearms. Section 6. Statement of Intent. Nothing within this Resolution shall be construed in any manner as providing for any restriction or regulation which is precluded by Section 790.33, Fla. Stat. Accordingly, this Resolu~tion shall not authorize any action to be taken by the City or its officers, agents or employees which is prohibited by or in conflict with Section 790.33, Fla. Stat. Section 7. Effective Date. That this Resolution shall become effective immediately upon its adoption. 2 The foregoing Resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner upon being put to a vote, the vote was as follows: Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder PASSED AND ADOPTED this day of ,2000. , who , and ATTEST: ARTHUR I. SNYDER, MAYOR TERESA M. SOROKA, CMC/AAE CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY CITY ATTORNEY 3 WEISS $ E1ROTA HELFMAN 1D_~STOI~tIZ~_ ~ 0UEDES, ]D.A. ATTORNEYS AT LAW SOUTH BAYSHORE DRIVE SUITE 4~0 December 28, 1999 The Honorable Mayor and Commissioners City of Aventura 2999 N.E. 191st Street Suite 500 Aventura, Florida 33180 Re: Effort of City To Reduce Firearm Related Violence Dear Mayor and Commissioners: I. REQUEST FOR LEGAL OPINION The City Commission has recently requested our legal opinion concerning the authority of the City of Aventura (the "City") to participate in certain activities intended to reduce violence attributable to firearms. Specifically, the Commission has asked us to determine whether the City Commission has the authority to develop a violence mitigation program (the "Program") providing for: II. OPINION The buyback of firearms from residents of the City; Encouraging private business owners to consider precluding persons possessing firearms from their business premises; Declaring the City a "Gun Free Zone." For the reasons explained below, it is our opinion that the City Commission has the lawful authority to adopt the Program outlined above. III. DISCUSSION A. PREEMPTION RECEIVED OFFICE OF THE CiTY MANAGER Honorable Ma~,or and Commissioners December 28, 1999 Page 2 Pursuant to Section 790.33, Fla. Stat., the Florida Legislature has preempted the authority of the City to regulate firearms. Section 790.33(1) and (3), Fla. Stat. provide as follows: 790.33 Field of regulation of firearms and aramunition preempted.-- (1) PREEMPTION.--Except as expressly provided by general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or regulations relating thereto. Any such existing ordinances are hereby declared null and void .... (3) POLICY AND INTENT.-- (a) It is the intent of this section to provide uniform fzrearms laws in the state; to declare all ordinances and regulations null and void which have been enacted by any jurisdictions other than state and federal, which regulate firearms, ammunition, or components thereof; to prohibit the enactment of any future ordinances or regulations relating to firearms, ammunition, or components thereof unless specifically authorized by this section or general law; and to require local jurisdictions to enforce state firearms laws. Accordingly, the City does not have the authority to adopt ordinances or regulations controlling firearms. However, it is our opinion that ~e City is not preempted from implementing the methodology of the Program, since nothing in the Program seeks to establish an ordinance or regulation controlling firearms or to attach penal sanctions to matters concerning firearms. None of the elements of the Program would appear to encroach into the preempted territory which has been marked off by the Florida Legislature. B. THE PROGRAM (1) Gun Buyback. Program. The City Commission may establish a gun buyback program by which available City funds are utilized for the purpose of acquiring firearms from residents of the City, upon finding that such acquisition will serve a public purpose by facilitating the reduction of violent crime. Gun buybacks serve to remove a quantity of firearms from circulation and thereby lessen the proliferation of firearms. Similar gun buybacks have been utilized in other communities. WEISS SEROTA HELFM2~N PASTOI~IZA ~3c GUEDES, P.A. Honorable M~yor and Commissioners December 28, 1999 Page 3 (2) Encouragement of Business Owners. Generally, the owners of business premises may voluntarily determine to exclude persons possessing firearms from entry upon their privately controlled property.~ Likewise, the City may encourage owners of business premises to consider precluding individuals possessing firearms from entering private business premises, so long as the City does not require private property owners to do so. This element of the Program would be implemented upon a voluntary basis at the sole discretion of the individual business owner. (3) Gun Free Zone. The City Commission may, by resolution, declare the City to be a "Gun Free Zone." No penalty or other sanction would be imposed upon anyone as a result of the City's declaration of a "Gun Free Zone." Instead, the declaration would serve as a strong statement that the City advocates the reduction of firearm related violence. However, we do not recommend that signage be posted reflecting the "Gun Free Zone" message, since such signage may trigger liability claims if characterized as a representation that there are no guns in the City. IV. CONCLUSION For the reasons indicated above, it is our opinion that the City Commission has the lawful authority to adopt the Program. We have drafted a proposed resolution for City Commission consideration in accordance with this opinion. Respectfully, ~ David M. Wolpin DMW/cmb Enclosure 328001 cc: Mr. Eric M. Soroka, City Manager Richard Jay Weiss, Esq. ~ In Pelt v. State D.O.T., 664 So. 2d 320 (Fla. 1st DCA 1995), the First District Court of Appeal upheld the discipline of an employee for possessing a firearm at work, despite his possession of a State concealed weapon permit. The Court observed that Section 790.33 "is directed toward local governments' regulation of the conduct of its citizens, not to an employer's regulation of the conduct of its employees". By analogy, the statute is not directed at a business owners dealings with his or her patrons. WEISS SEI~OTA HELFI~I~kN PASTORIZ~ ~C GUEDES, P.A. 02/14/2080 87:16 954453116~ CL%°ID5 C~OICE ~65 ~2 Aventura City Commission Fax: 30e~466-8919 Anthony and Terra Arnold 1~41 Biscayne Blvd. Aventura, FL 33160 Febru·ry 14, 2000 To The Commissioners: In regard to the proposal to establish 'gnn free zoning' in Aventura, I must question the rationality of your thinking in this matter. What u waste of toxlmyers' (my) money it is to ponder such obviously polRieally motivated - wrong-sided log/slalion. Do you really believe that posting 'gun free zone' signs throughout the City will stop as Commissioner Jay Beskin stated 'crimes of pmmion and murder?' Do you really believe that the man who shot his wife's loveF in the anti or the deranged [mtlo·t who murdered his doctor would be deteFred by a sign? What about the woman who was strangled in the mall parking lot by a drifter who wanted her car? Could it be possible that if she were armed, she could hove defended berself and be alive today to raise her two children? What would such a sign mean to the law-abiding licensed eoneealod weapons caFFier? Leave your gun/your personal protection at home. Disarm and be vuineraMe to Hy dirtbag predator who decides to choose you as a victim: Yet the signs wouM be a beacon to some. To the armed robber, the sips says 'this b u· area thut is safe for me'. The chances of confronting an armed eitizeu with the ralmbility to defend his/herself are greatly lessened. Who b this legislation ping to benefit? In effect, you ·re legblatinf against law- abiding citizens who wish (and are legally entitled) to carry · eoneeMed wupon sacb as myself, my wife, and my duughter. As au example, my wife worked as · therapist at Dude Correctional Institution and was returning home from work one early evening several years ago. While stopped for a red light, she was approached by a smiling young man wearing a baseball cap. He motioned her to roll down her window. Sensing danger, my wife refused. He the· produced a gun nad fired point ldnnk at 02/14/2088 87;16 9544531168 CUPIDS CHOICE P~GE u3 her. Simultaneously, my wife lowered heF head and slammed down on thc gas pedal. Drivin8 blindly at top speed into in intersection, her ear was hit by an oncoming pieimp truck. MiraculonsJy she and the occupants of the tFuck survived. At the Emer~eaey Room, it was found that a bullet had entered her hand. After her recuperation, she and I vowed that our family would never qsin be placed in such a vulneraMe situation. We each took Gun Familiarity and Safety Courses ned practiced at the range to perfect our skills. We an possess concealed weapons permits. I for one am serure in the knowledfe that my family has chceou to tab personal responsibility for our own safety. Certainly you must be aware that law enfoFcemeut personnel cannot guarantce- n0F are they responsible for - our safety. As for the proposed L, Un buyback program, noted as being 'very successful' by Commissioner JCen Cohen, once aSnin yon are askiu$ the law-abJdinl citizen to turn in hb Eun or ~UnL HOW about requestinl all the armed repons out there to turn in their Buns? Do you think you would get much o! a response? In effect, how in load conscience can you ask my wife to leave bet protection at home when she visits the Aventura Mall? I would rather she risk her day in couFt challen~inf your Inundation than allowing her to be vulnerable to robbery or assault. Assuredly, the vast majority of concealed weapons carriers pace ua threat to anyone other than someone who means them harm. They have passed the required backLrround checks and sun safety courses ami are k~mJ citizens. This type of legislation is typical of foveFemental interference attempfinf to take the place of personal responsibility. It is happouin~ much tm) often to the worseninE of our society. In ciosinE, ! reopectfulty request this Je~isiation be reconsidered and suspended. WEISS SEROTA HELFMAN PASTORIZA & OUEDES, P.A, ATTORNEYS AT LAW E665 SOUTH BAYSHORe DRIVe SUITe 4EO December 28, 1999 T£L£COPlER (954) 764-7770 The Honorable Mayor and Commissioners City of Aventura 2999 N.E. 191st Street Suite 500 Aventura, Florida 33180 Re: Effort of City To Reduce Firearm Related Violence Dear Mayor and Commissioners: I. REQUEST FOR LEGAL OPINION The City Commission has recently requested our legal opinion concerning the authority of the City of Aventura (the "City") to participate in certain activities intended to reduce violence attributable to firearms. Specifically, the Commission has asked us to determine whether the City Commission has the authority to develop a violence mitigation program (the "Program") providing for: The buyback of firearms from residents of the City; Encouraging private business owners to consider precluding persons possessing firearms from their business premises; C. Declaring the City a "Gun Free Zone." II. OPINION For the reasons explained below, it is our opinion that the City Commission has the lawful authority to adopt the Program outlined above. III. DISCUSSION A. PREEMPTION RECEIVED OFFICE OF THE CITY MANAGER Honorable Ma3'or and Commissioners December 28, 1999 Page 2 Pursuant to Section 790.33, Fla. Stat., the Florida Legislature has preempted the authority of the City to regulate firearms. Section 790.33(1) and (3), Fla. Stat. provide as follows: 790.33 Field of regulation of firearms and ammunition preempted.-- (1) PREEMPTION.--Except as expressly provided by general law, the Legislature hereby declares that it is occupying the whole field of regulation of firearms and ammunition, including the purchase, sale, transfer, taxation, manufacture, ownership, possession, and transportation thereof, to the exclusion of all existing and future county, city, town, or municipal ordinances or regulations relating thereto. Any such existing ordinances are hereby declared null and void .... (3) POLICY AND INTENT.-- (a) It is the intent of this section to provide uniform firearms laws in the state; to declare all ordinances and regulations null and void which have been enacted by any jurisdictions other than state and federal, which regulate firearms, ammunition, or components thereof; to prohibit the enactment of any future ordinances or regulations relating to firearms, ammunition, or components thereof unless specifically authorized by this section or general law; and to require local jurisdictions to enforce state firearms laws. Accordingly, the City does not have the authority to adopt ordinances or regulations controlling firearms. However, it is our opinion that tl3e City is not preempted from implementing the methodology of the Program, since nothing in the Program seeks to establish an ordinance or regulation controlling firearms or to attach penal sanctions to matters concerning firearms. None of the elements of the Program would appear to encroach into the preempted territory which has been marked off by the Florida Legislature. B. THE PROGRAM (1) Gun Buyback Program. The City Commission may establish a gun buyback program by which available City funds are utilized for the purpose of acquiring firearms from residents of the City, upon finding that such acquisition will serve a public purpose by facilitating the reduction of violent crime. Gun buybacks serve to remove a quantity of firearms from circulation and thereby lessen the proliferation of firearms. Similar gun buybacks have been utilized in other communities. WEISS SEROT~ I-IELFM3_N PASTOIIlZA ~c GUEDES, Honorable Mayor and Commissioners December 28. 1999 Page 3 (2) Encouragement of Business Owners. Generally, the owners of business premises may voluntarily determine to exclude persons possessing firearms from entry upon their privately controlled property.~ Likewise, the City may encourage owners of business premises to consider precluding individuals possessing firearms from entering private business premises, so long as the City does ngt reouire private property owners to do so. This element of the Program would be implemented upon a voluntary basis at the sole discretion of the individual business owner. (3) Gun Free Zone. The City Commission may, by resolution, declare the City to be a "Gun Free Zone." No penalty or other sanction would be imposed upon anyone as a result of the City's declaration of a "Gun Free Zone." Instead, the declaration would serve as a strong statement that the City advocates the reduction of firearm related violence. However, we do not recommend that signage be posted reflecting the "Gun Free Zone" message, since such signage may trigger liability claims if characterized as a representation that there are no guns in the City. IV. CONCLUSION For the reasons indicated above, it is our opinion that the City Commission has the lawful authority to adopt the Program. We have drafted a proposed resolution for City Commission consideration in accordance with this opinion. Respectfully, David M. Wolpin DMW/cmb Enclosure 328001 cc: Mr. Eric M. Soroka, City Manager Richard Jay Weiss, Esq. ~ In Pelt v, State__~,.Q:T., 664 So. 2d 320 (Fla. 1st DCA 1995), the First District Court of Appeal upheld the discipline of an employee for possessing a firearm at work, despite his possession of a State concealed weapon permit. The Court observed that Section 790.33 "is directed toward local governments' regulation of the conduct of its citizens, not to an employer's regulation of the conduct of its employees". By analogy, the statute is not directed at a business owners dealings with his or her patrons. WEISS SEROTA. HELFl~IAlV PiSTOI~IZA & GUEDES, P.A. RESOLUTION NO. 99- RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, CONCERNING FIREARM RELATED VIOLENCE; PROVIDING FOR VIOLENCE MITIGATION PROGRAM CONSISTING OF GUN BUYBACKS; ENCOURAGEMENT OF OWNERS OF BUSINESS PREMISES TO CONSIDER RESTRICTING ACCESS OF PERSONS WITH FIREARMS; DECLARING "GUN FREE ZONE;" PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Commission of the City of Aventura finds that violence related to firearms disturbs the public peace and impairs the safety and security of citizens, businesses and tourists within the City; and WHEREAS, the City Commission finds that it is necessary to develop effective municipal programs for the mitigation of firearm related violence; and WHEREAS, the City Commission f'mds that the development and implementation of the violence mitigation program described below will serve to protect the health, safety and welfare of the community. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTLrRA, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That the above recitals are hereby confirmed and adopted herein. Section 2. Violence Mitigation Program. A violence mitigation program (the "Program") is hereby adopted to consist of the following: 1. Provisions for the buyback of guns from residents of the City; 2. Encouragement of the owners of business premises to consider precluding persons possessing firearms from private property; 3. The declaration of a "Gun Free Zone" for the City. Section 3. Gun Buvbacks. The City Manager, in consultation with the Chief of Police, shall develop and present to the City Commission for approval a gun buyback program by which the City will periodically acquire, with lawfully appropriated City funds, firearms possessed by residents of the City, so as to reduce the proliferation of firearms within the City. Section 4. Encouragement To Private Business Property Owners. The City Manager, in consultation with the Chief of Police, shall develop and present to the City Commission for approval a community relations program which encourages (but does not require) the owners of business premises to consider precluding the entry of persons possessing firearms upon private property. Section 5. Gun Free Zone. That in accordance with this Resolution, a "Gun Free Zone" is hereby declared for the City. This shall serve to express the City's strong commitment to the reduction of violence associated with firearms. Section 6. Statement of Intent. Nothing within this Resolution shall be construed in any manner as providing for any restriction or regulation which is precluded by Section 790.33, Fla. Stat. Accordingly, this Resolution shall not authorize any action to be taken by the City or its officers, agents or employees which is prohibited by or in conflict with Section 790.33, Fla. Stat. Section 7. Effective Date. That this Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner upon being put to a vote, the vote was as follows: Commissioner Harry Holzberg Commissioner Jeffrey M. Perlow Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Patricia Rogers-Libert Vice Mayor Arthur Berger Mayor Arthur I. Snyder PASSED AND ADOPTED this day of , 2000. ATTEST: ARTHUR I. SNYDER, MAYOR TERESA M. SOROKA, CMC/AAE CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY CITY ATTORNEY 92/14/2000 87:16 9544531160 CUPIDS CHOICE P~GE 82 Aventura City Commission Fax: 30S-466-8919 Anthony and Terri Arnold 18041 Biscayne Blvd. Aventnra, FL 33160 February 14, 2000 To The Commissioners: In regard to the proposal to establish 'gan free zoning' in Aventura, I must question the rationality ofyour tbinidng in this matter. What a waste of taxpayers' (my) money it is to pander such obviously politically mo~vnted - wrong-sided logislotion. Do you really believe that posting 'gun free zone' signs throughout the City will stop as Commbsioner Jay BeskJn stated 'crimes of passion and murder?' Do you really believe that the man who shot his wife's lover in the mall or the deranged patient who murdered his doctor wouM be detoFred by a sign? What about the woman who was strangled in the mall parking lot by n drifter who wanted her car? Could it be possible that if she were armed, she could have defended hersalf and be alive tods~ to raise her two children? What would sueb a sign mcan to the law-abiding licensed eoncaaled wcapons carrier? Leave your gun/~our personal protection at home! Disarm and be vuinernMe to any dirtbag predator who decides to ehooas you as n vJetim! Ye~ the signs wouM be a beacon to some. To the armed robber, the sign sn~s 'this b an ares first is safe for me'. The chancrs of confronting an armed citizen with the capability to defend his/herself are greatly lemened. Who is this legislation going to benefit? In effect, you nrc legislating qtinst law- abiding eitizans who wish (and are legally entitled) m ca~ry a concealed wcapon such as myself, my wife, and my daughter. As an example, my wife worked as a therapist at Dade Correctional Institution and was returning home from work one early evening several ycars ago. While stopped for n red light, she was approached by a smiling young man wcarlng a baseball cop. He motioned her to roll down her window. Sensing danger, my wife refused. He then produeed a gun and fired point blank at 8£/14/2808 87:16 9544531168 CUPIDS CHOICE PAGE her. $imulmneously, my wife lowered her head and slammed do~n on the gas pedal. Driving blindly at top Sl~l into nn interneefion, her ear was hit by an ouoolning piekup trnek. Miraculously she and the oceupants of the truck survived. At the Emergency Room, it was fonnd that a bullet had entered her hand. After her reeulperafloa, she and ! vowed that our family would never again he placed in such a vulaeraMe situation. We each took Gun Familiarity and Safety Courses and practiced at the range to perfect our skills. We an possess concealed weapons PeFmite. I for one am seeure in the knowledge that my family has chosen to tab personal responsibility for our own safety. Certainly you must be aware that law enforcement personnel cauuot guarantee - nor afc they responsible for * our safety. As for the proposed gun buyback program, noted os being 'very sue__~e~_ gui' by Commissioner Ken Cohen, once again you are asking the law-abiding citizen to turn in bis gun or guns. How about requesting all the armed relous out there to turn in their guns? Do you think you would get much or a response? In effeet, how in good conscience can you ask my wife to leave her protection at home when she visits the Aventura Mall? I would Father she risk her day in COUrt challenging your legislation than allowing her to be vulnerable to robbery or assault. Assuredly, the vast majority of concealed weapons carriers pose un threat to anyone other than someone who means them harm. They have passed the required hckground cheeks and gun safety courses and are good citizens. This type of leplation is typical of governmental interference attemptin~ to take the place of personal responsibility. It is hppeninf mneh too often to the worsening of our society. In closing, I respectfully request this legislation be reconsidered and suspended.