10-01-2002Jeffrey M. Perlow, Mayor
Arthur Berger
Jay 12.. Beskin
Ken Cohen
Manny Grossman
Harry Holzberg
Patricia Rogers-Libert
AvThventCity of
C/tv
Eric M. $oroka
Tere~ M. Somka, CMC
Wei~s Serota Helfman
Pastoriza & Guedea
AGENDA
OCTOBER 1, 2002-6
CALL TO ORDER~ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. ZONING HEARINGS: SPECIALLY SET BY COMMISSION FOR 6 P.M.
QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following
items on the Commission's agenda are quasi-judicial in nature. If you wish to
comment upon any of these items, please inform the Mayor when he requests public
comments. An opportunity for persons to speak on each item will be made available
after the applicant and staffhave made their presentations on each item. All testimony,
including public testimony and evidence, will be made under oath or affirmation.
Additionally, each person who gives testimony may be subject to cross-examination. If
you refuse either to be cross-examined or to be sworn, your testimony will not be
considered. The general public will not be permitted to cross-examine witnesses, but
the public may request the Comn~ssion to ask questions of staff or witnesses on their
behalf. Persons representing organizations must present evidence of their authority to
speak for the organization. Further details of the quasi-judicial procedures may be
obtained from the Clerk.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA GRANTING VARIANCE FROM SECTION 31-
171(b) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO
ALLOW 15 PARKING SPACES WHERE 18 PARKING SPACES ARE
REQUIRED BY CODE, FOR PROPERTY LOCATED AT 17866
BISCAYNE BOULEVARD, CITY OF AVENTURA; PROVIDING FOR
AN EFFECTIVE DATE.
Action taken: Adopted as Resolution No. 2002-55
4. ELECTION OF VICE MAYOR: Commissioner Holzberg elected Vice Mayor
for next 6-month period.
5. AGENDA: Request for Deletions/Emergency Additions
0. 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 bc anacted by one motion. If discussion is desired by any
member of the Commission, that item must bc removed from the Consent Agenda and considered separately.
A. APPROVAL OF MINUTES:
September 3, 2002 1st Public Budget Hearing
September 3, 2002 Commission Meeting
September 19, 2002 2nd Public Budget Hearing
September 24, 2002 Workshop Meeting
Action taken: Approved
Action taken:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION NO. 01-0103-021 FOR PROFESSIONAL
DESIGN SERVICES FOR THE YACHT CLUB WAY
DRAINAGE IMPROVEMENTS PROJECT BY AND BETWEEN
THE CITY OF AVENTURA AND CRAVEN THOMPSON AND
ASSOCIATES, INC.; AND PROVIDING AN EFFECTIVE DATE.
(Authorizes City Manager to execute Work Authorization with Craven
Thompson for drainage improvement to Yacht Club Way)
Adopted as Resolution No. 2002-56
Action taken:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO
$55,900 FOR CRIME PREVENTION MATERIALS, SWAT TEAM
EQUIPMENT, DIVE TEAM EQUIPMENT, GAS PUMP
CANOPY, YOUTH PROGRAM AND ELECTRONIC GUN
CLEANING EQUIPMENT FROM THE POLICE FORFEITURE
FUND IN ACCORDANCE WITH THE CITY MANAGER'S
MEMORANDUM DATED SEPTEMBER 11, 2002.
(Motion to expend funds from the Police Forfeiture Fund)
Approved
D. 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; DESCRIBING THE
MANNER OF DISPOSAL; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
(Authorizes City Manager to declare certain property as surplus to the
needs of the City and provides for disposal)
Action taken: Adopted as Resolution No. 2002-57
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Action taken:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA DEDICATING A TEN (10) FOOT
WIDE EASEMENT TO FLORIDA POWER AND LIGHT ON
THE AVENTURA COMMUNITY/RECREATION CENTER SITE;
PROVIDING FOR RECORDATION; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
(Provides for FP&L easement for power to the Community/Rec. Center)
Adopted as Resolution No. 2002-58
Action taken:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED WORK
AUTHORIZATION NO. 02-265-A FOR PROFESSIONAL
LANDSCAPE ARCHITECTURE SERVICES TO PERFORM
LANDSCAPE AND IRRIGATION DESIGN SERVICES FOR THE
COUNTRY CLUB DRIVE LANDSCAPE/IRRIGATION
IMPROVEMENTS PROJECT BY AND BETWEEN THE CITY
OF AVENTURA AND O'LEARY DEISGN ASSOCIATES FOR
THE AMOUNT OF $66,955.00; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
(Authorizes City Manager to execute Work Authorization with O'Leary
Design Associates for landscape and irrigation design services for
Country Club Drive improvement project)
Adopted as Resolution No. 2002-59
Action taken:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA APPROVING AN EXTENSION OF
THE TIME TO RECORD THE "AVENTURA BAY VILLAS"
PLAT, BEING A PLAT OF A PORTION OF LAND IN THE
SOUTH ¼ OF THE SOUTH ¼ OF FRACTIONAL SECTION 3,
TOWNSHIP 52 SOUTH, RANGE 42 EAST AND PORTIONS OF
LAND IN THE SOUTH ¼ OF THE SOUTH ½ OF FRACTIONAL
SECTION 3, TOWNSHIP 52 SOUTH, RANGE 42 EAST, CITY OF
AVENTURA, MIAMI-DADE COUNTY, FLORIDA; PROVIDING
FOR AN EFFECTIVE DATE.
(Approves extension of time for recording plat)
Adopted as Resolution No. 2002-60
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED AGREEMENT
FOR COLLECTION OF UNPAID, ESCAPED AND
DELINQUENT OCCUPATIONAL LICENSES ON INSURANCE
COMPANIES WHICH TRANSACT BUSINESS IN THE CITY
BETWEEN THE CITY OF AVENTURA AND THE FLORIDA
LEAGUE OF CITIES INC.; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
AN EFFECTIVE DATE.
(Authorizes City Manager to execute agreement with Florida League of
Cities providing for collection of unpaid, escaped and delinquent
occupational licenses on insurance companies transacting business in
the City)
Action taken: Adopted as Resolution No. 2002-61
Action taken:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA,FLORIDA; SUPPORTING THE NOVEMBER 5,
2002 BALLOT INITIATIVE PROPOSING A SALES TAX
INCREASE OF WHICH MUNICIPALITIES WILL RECEIVE A
20% SHARE EXCLUSIVELY DEDICATED TO THE
TRANSPORTATION NEEDS OF MIAMI-DADE COUNTY AND
THE MUNICIPALITIES OF MIAMI-DADE COUNTY,
FLORIDA; PROVIDING FOR AN EFFECTIVE DATE.
(Supports Miami-Dade County Ballot Initiative to increase sales tax for
transportation needs)
Adopted, with amendments, as Resolution No. 2002-63
J. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER
ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE
ENTER INTO THE ATTACHED AGREEMENT BETWEEN THE
CITY OF AVENTURA AND MIAMI DADE COUNTY TO PROVIDE
A COMMUNITY DRUG & CRIME PREVENTION PROGRAM;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
(Authorizes City Manager to execute Agreement with Miami-Dade
County for community drug and crime prevention program grant in the
amount of $8,081)
Action taken: Adopted as Resolution No. 2002-62
8. ORDINANCES: FIRST READING/PUBLIC INPUT:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE FRANCHISE AGREEMENT BETWEEN THE
CITY AND COMMUNITY CABLE TELEVISION BY
EXTENDING THE EXPIRATION DATE OF THE FRANCHISE
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AGREEMENT FROM APRIL 22, 2008 TO APRIL 23, 2009;
PROVIDING FOR EFFECTIVE DATE.
Action taken: Approved on first reading
Action taken:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CITY CODE BY AMENDING CHAPTER 31
"LAND DEVELOPMENT REGULATIONS" ARTICLE V
"DEVELOPMENT REVIEW PROCEDURES", AT PARAGRAPH
(D) "FILING OF APPLICATIONS" OF SECTION 31-71
"PROCEDURES OF GENERAL APPLICABILITY", TO
PROHIBIT ANY APPLICANT OR APPLICANT
REPRESENTATIVE FROM CONTACTING THE CITY'S
PROFESSIONAL STAFF (OTHER THAN THE CITY
MANAGER) CONCERNING A PENDING QUASI-JUDICIAL
APPLICATION FOR A DEVELOPMENT PERMIT FROM THE
TIME OF THE FILING OF THE APPLICATION UNTIL THE
TIME OF THE PREPARATION AND DISTRIBUTION OF THE
CITY MANAGER'S WRITTEN RECOMMENDATION; AND
AMENDING CHAPTER 34 "PLANNING AND ZONING",
ARTICLE II "QUASI-JUDICIAL MATTERS", AT SECTION 34-
34 "EX-PARTE COMMUNICATIONS", TO GENERALLY
PROHIBIT CITY COMMISSIONERS FROM DISCUSSING THE
MERITS OF ANY SPECIFIC ISSUE WHICH IS THE SUBJECT
OF A PENDING QUASI-JUDICIAL APPLICATION, OUTSIDE
OF THE PUBLIC HEARING PROCESS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR EFFECTIVE DATE.
Approved on first reading
9. PUBLIC HEARING: ORDINANCES - SECOND READING:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING THE CITY CODE BY AMENDING CHAPTER 4,
"ALCOHOLIC BEVERAGES," BY AMENDING PARAGRAPH
(A) "DISTANCE FROM OTHER ESTABLISHMENTS",
PARAGRAPH (B) "DISTANCE FROM RELIGIOUS FACILITY
OR SCHOOL", AND PARAGRAPH (E) "EXCEPTIONS TO
SPACING AND DISTANCE REQUIREMENTS," OF SECTION 4-
2 "LOCATION OF ESTABLISHMENTS"; AND BY REPEALING
SECTION 4-6 "ZONING DISTRICT REGULATIONS" TO
CLARIFY THAT CONDITIONAL USE IS THE APPLICABLE
CRITERIA AND TO DELETE THE OBSOLETE REFERENCE
TO MIAMI-DADE COUNTY CODE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
Action taken: Enacted as Ordinance No. 2002-25
Action taken:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING CHAPTER 42, "STREETS, SIDEWALKS AND
OTHER PUBLIC PLACES," ARTICLE H "NEWSRACKS" OF
THE CITY CODE; AMENDING SECTION 42-32 "DEFINITIONS"
TO ADD NEW DEFINITIONS FOR THE TERMS "CITY-OWNED
NEWSRACK" AND "NEWSRACK PORTICO;" AMENDING
SECTION 42-33 "PROHIBITED NEWSRACKS" TO REQUIRE
REMOVAL OF PRIVATE NEWSRACKS ON PUBLIC PROPERTY
NOT LOCATED WITHIN A NEWSRACK PORTICO; AMENDING
SECTION 42-34 "PERMIT REQUIRED" TO REQUIRE PERMITS
FOR THE USE OF CITY-OWNED NEWSRACKS; AMENDING
SECTION 42-35 "APPLICATION FOR PERMIT; APPROVAL OF
LOCATION" TO REQUIRE THAT THE LOCATION OF THE
NEWSRACK PORTICO OR CITY-OWNED NEWSRACK BE
SPECIFIED ON THE PERMIT APPLICATION; AMENDING
SECTION 42-36 "ISSUANCE OF PERMIT; CONDITIONS; FEES"
TO REQUIRE A FEE FOR THE USE OF A CITY-OWNED
NEWSRACK; AMENDING SECTION 42-37
"INDEMNIFICATION" TO REQUIRE INDEMNIFICATION BY
PERSONS UTILIZING CITY-OWNED NEWSRACKS;
AMENDING SECTION 42-38 "IDENTIFICATION OF
DISTRIBUTOR TO BE POSTED ON NEWSRACKS" TO
REQUIRE IDENTIFICATION ON PRIVATE NEWSRACKS;
AMENDING SECTION 42-39 "LOCATION, PLACEMENT AND
NUMBER" TO REQUIRE THAT PRIVATELY OWNED
NEWSRACKS ON ANY PORTION OF A PUBLIC RIGHT-OF-
WAY BE PLACED IN A NEWSRACK PORTICO; AMENDING
SECTION 42-40 "EQUIPMENT STANDARDS; ADVERTISING;
MAINTENANCE" REGARDING THE MAINTENANCE OF
PRIVATELY-OWNED NEWSRACKS; PROVIDING PENALTIES;
PROVIDING FOR ENFORCEMENT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
AND PROVIDING FOR AN EFFECTIVE DATE.
Enacted as Ordinance No. 2002-26
'10. RESOLUTIONS: None.
'l'l. OTHER BUSINESS: None.
12. PUBLIC COMMENTS
13. REPORTS
14. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGSfEVENTS
Commission Workshop October 24, 2002
10:00 a.m. Executive Conference Rm
Commission Meeting November 12, 2002
6:00 p.m. Commission Chamber
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 accommodahons to participate in this meeting because of that disability should contact the Office of the City
Clerk, 305466-8901, not later than i~vo days prior to such proceeding. One or more members of the City of Aventura Advisory
Boards may be in attendance.
Anyone wishing to appeal any decision made by the Aventura City Corm'nission with respect to any matter considered at such
meehng 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 may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club Drive,
Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305466-8901.
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