01-18-2024 City Commission Special Meeting Agenda CITY OF AV]ENTURA
Aventura Government Center
19200 West Country Club Drive
Aventura, FL 33180
e4
q
CITY COMMISSION
SPECIAL MEETING AGENDA
January 18, 2024
9:00 a.m.
Aventura Government Center
51h Floor Executive Conference Room
City Commission
Mayor Howard S. Weinberg, Esq.
Vice Mayor Paul A. Kruss
Commissioner Amit Bloom
Commissioner Rachel S. Friedland, Esq.
Commissioner Billy Joel
Commissioner Dr. Linda Marks
Commissioner Michael Stern
City Manager Ronald J. Wasson
City Clerk Ellisa L. Horvath, MMC
City Attorneys Weiss Serota Helfman Cole & Bierman
Aventura City Commission Special Meeting Agenda January 18, 2024
1. CALL TO ORDER/ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ORDINANCE - SECOND READING/PUBLIC HEARING:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING SECTION 2-339
"CONTENTS AND SERVICE OF WARNING" AND SECTION 2-340 "CONTENTS AND
SERVICE OF NOTICE" IN ARTICLE V "CODE ENFORCEMENT" OF CHAPTER 2
"ADMINISTRATION"; AMENDING SECTION 22-54 "RATES" IN CHAPTER 22 "CABLE
COMMUNICATIONS"; AMENDING SECTION 31-71 "PROCEDURES OF GENERAL
APPLICABILITY," SECTION 31-77 "AMENDMENTS TO THE LAND DEVELOPMENT
REGULATIONS AND OFFICIAL ZONING MAP," AND SECTION 31-241 "WIRELESS
TELECOMMUNICATIONS TOWERS AND ANTENNAS" IN CHAPTER 31 TO REMOVE ALL
REFERENCES TO NEWSPAPER OF GENERAL CIRCULATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
4. ADJOURNMENT
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, (305) 466-8901 or cityclerk@cityofaventura.com, not later than two days prior to such
proceedings. One or more members of the City of Aventura Advisory Boards may participate in the meeting. Anyone
wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such
meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based. Agenda items are available online at cityofaventura.com for viewing and printing,or may be requested through
the Office of the City Clerk at(305)466-8901 or cityclerk@cityofaventura.com.
Page 1 of 1
CITY OF "ENTURA
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: City Commission
FROM: Ronald J. Wasson, City Manager
BY- Robert Meyers, Office of the City
y y
DATE: January 5, 2024
SUBJECT: An Ordinance of the City Commission Amending the City Code to
Remove All References to "Newspapers Of General Circulation"
Consistent with Chapter 50 of the Florida Statutes Which Permits
Website Publication of Legal Notices
January 9, 2024 Local Planning Agency Meeting Agenda
January 9, 2024 City Commission Meeting Agenda (First Reading)
January 18, 2024 City Commission Meeting Agenda (Second Reading)
RECOMMENDATION
It is recommended that the City Commission approve an ordinance amending portions of
City Code Chapters 2, 22, and 31 by deleting all references to newspapers of general
circulation to enable all legal notices to be published in all permitted sources (including
website publication) under Chapter 50 of the Florida Statutes.
BACKGROUND
Chapter 50 of the Florida Statutes was amended to allow municipalities to publish their
legal notices and advertisements on a County-created publicly-accessible website in part
to reduce the high costs associated with publishing legal notices in newspapers of general
circulation. Once Miami-Dade County establishes a website for such purposes, the City
of Aventura will utilize this website to publish its legal notices. However, there are a few
sections in the City Code that specifically mandate publication of notices in newspapers
of general circulation. By amending the Code to remove the newspaper reference from
the Code, the City will be allowed to publish all of its legal notice on this website while
adhering to the notice publication requirements set forth in Chapter 50 of the Florida
Statutes.
Fiscal Impact
The City will experience a reduction in the cost of publishing its notices and
advertisements once Miami-Dade County finalizes the website and the City enters into
an agreement with RealAuction — the company that will publish such notices through the
County website.
CITY OF AVENTURA ORDINANCE NO. 2024-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
SECTION 2-339 "CONTENTS AND SERVICE OF WARNING" AND
SECTION 2-340 "CONTENTS AND SERVICE OF NOTICE" IN ARTICLE
V "CODE ENFORCEMENT" OF CHAPTER 2 "ADMINISTRATION";
AMENDING SECTION 22-54 "RATES" IN CHAPTER 22 "CABLE
COMMUNICATIONS"; AMENDING SECTION 31-71 "PROCEDURES OF
GENERAL APPLICABILITY," SECTION 31-77 "AMENDMENTS TO THE
LAND DEVELOPMENT REGULATIONS AND OFFICIAL ZONING MAP,"
AND SECTION 31-241 "WIRELESS TELECOMMUNICATIONS TOWERS
AND ANTENNAS" IN CHAPTER 31 TO REMOVE ALL REFERENCES TO
NEWSPAPER OF GENERAL CIRCULATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 50, Florida Statutes, has been amended to provide for
internet website publication of legal notices; and
WHEREAS, as a more cost-effective option, the City of Aventura ("City") desires
to publish its official notices through the internet in accordance with Section 50.0211,
Florida Statutes; and
WHEREAS, Chapters 2, 22 and 31 of the City's Code of Ordinances ("Code")
includes language that limits the City's options to publish its legal notices to only be
published in a "newspaper of general circulation"; and
WHEREAS, the City desires to amend its Code to delete all limitations to publish
its legal notices in a newspaper of general circulation and to expand its options for
publication to include all permitted sources under Chapter 50; and
WHEREAS, the City Commission finds it is in the best interest of the City to amend
its ordinance to expand the options for publication that are authorized pursuant to
Chapter 50.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
1 Additions to existing City Code text are indicated by underline; deletions from existing City Code text are
indicated by stFik g r
City of Aventura Ordinance No. 2024-
Section 1. Recitals Incorporated. That each of the above-stated recitals are
hereby adopted and confirmed.
Section 2. City Code Chapter 2 Amended. That Chapter 2, Article V, Section
2-339, "Contents and service of warning" and Section 2-340, "Contents and service of
notice" of the Code are hereby revised to read as follows:
CHAPTER 2 —ADMINISTRATION
Article V. — CODE ENFORCEMENT
Section 2-339. - Contents and service of warning.
(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 &GUlation
;n Miarni Dade County, as cnonifior! ;n accordance with F.S. ch. 50.
Section 2-340. - Contents and service of notice.
(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-
(1) a. The notice shall be published once during each week for four consecutive
weeks (four publications being sufficient) in a newspaper of general &GUlation
;n Miarni Dade County, as cnonifior! ;n accordance with F.S. ch. 50.
Page 2 of 6
City of Aventura Ordinance No. 2024-
Section 3. City Code Chapter 22 Amended. That Chapter 22, Section 22-54,
"Rates" of the Code is hereby revised to read as follows-
(c) Subject to the City's regulation of rates as permitted under applicable Federal and
State law, should a franchisee desire to change any rate or charge, it shall submit a
written proposal for the amounts and effective date of such change to the City
Manager who shall evaluate the proposal in a manner consistent with FCC cable
television rate regulation standards or other applicable law in effect at the time and
report this evaluation to the City Commission. The City Manager's report shall be
placed before the City Commission at a duly noticed public hearing. The City will
provide written notice of the public hearing to the franchisee no later than five days
prior to the public hearing. The City may require the franchisee to notify each
subscriber, by placing an announcement of not less than one quarter page in a
newspaper of general &GUlation accordance with F.S. ch. 50 and/or via the cable
system, of the proposed rate change and the date and time of the public hearing, with
such notice commencing no later than 48 hours prior to time of the public hearing. ***
Section 4. City Code Chapter 31 Amended. That Chapter 31, Section 31-71,
"Procedures of general applicability"; Section 31-77 "Amendments to the Land
Development Regulations and Official Zoning Map"; and Section 31-241, "Wireless
telecommunications towers and antennas" are hereby revised to read as follows:
Article V. — DEVELOPMENT REVIEW PROCEDURES
Section 31-71. - Procedures of general applicability.
***
(e) Public hearing and notices procedures. *** Notice of the time and place of the
public hearing describing the nature of the application and street address of the
property shall be published in a—newspape� of general in the Git
accordance with F.S. ch. 50 not less than ten days prior to the public hearing. ***
Section 31-77. -Amendments to the Land Development Regulations and Official
Zoning Map.
***
(h) Zoning in progress, applicability, temporary hold on permits and licenses.
***
(3) Future amendments to LDR.*** The hold shall commence upon the date that
notice of zoning in progress is published in a newspaper of general ^;FGU!at,,,n ;n the
Page 3 of 6
City of Aventura Ordinance No. 2024-
Gity accordance with F.S. ch. 50 and shall continue in effect for a period from the
date of notice until the subject change, with or without amendments, shall have been
approved or disapproved by the City Commission or for a period of three months,
whichever is sooner, unless such development application would be in conformity
with the more restrictive of the existing zoning district status or the zoning district
regulations as compared to the proposed zoning district status or zoning district
regulations. ***
Article XI. — DEVELOPMENT STANDARDS OF GENERAL APPLICABILITY
Section 31-241. -Wireless telecommunications towers and antennas.
***
(d) General requirements/minimum standards.
***
(20) Public notice. For purposes of this section and notwithstanding any other
requirements with regard to public notice in the city's Code, any request for
a conditional use on private property shall require a public hearing that shall
be advertised at least seven days before the public hearing in
of general nirnUlo+inn and readership in the muninipality accordance with
F.S. Ch. 50.***
Section 5. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 6. Inclusion in the Code. That 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 Aventura; that the sections of this
Ordinance may be re-numbered or re-lettered to accomplish such intention; and that the
word "Ordinance" shall be changed to "Section" or other appropriate word.
Section 7. Effective Date. That this Ordinance shall be effective immediately
upon adoption on second reading.
Page 4 of 6
City of Aventura Ordinance No. 2024-
The foregoing Ordinance was offered by Commissioner Stern, who moved its
adoption on first reading. This motion was seconded by Vice Mayor Kruss and upon
being put to a vote, the vote was as follows:
Commissioner Amit Bloom Yes
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Dr. Linda Marks Yes
Commissioner Michael Stern Yes
Vice Mayor Paul A. Kruss Yes
Mayor Howard S. Weinberg 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 Amit Bloom
Commissioner Rachel S. Friedland
Commissioner Billy Joel
Commissioner Dr. Linda Marks
Commissioner Michael Stern
Vice Mayor Paul A. Kruss
Mayor Howard S. Weinberg
PASSED on first reading this 9t" day of January, 2024.
PASSED AND ADOPTED on second reading on this 18t" day of January, 2024.
Page 5 of 6
City of Aventura Ordinance No. 2024-
HOWARD S. WEINBERG, ESQ.
MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
ROBERT MEYERS
CITY ATTORNEY
WEISS SEROTA HELFMAN COLE + BIERMAN, P.L.
Page 6 of 6