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11-12-2002Jeffrey M. Perlow, Mayor Arthur Berger Jay R. Belkin Ken Cohen Manny Gro~sman Harry Holzbcrg Patricia Rogers-Libert AvThventC Y Eric M, ~oroka Teresa M. ~oroka, CMC Cltv Attomt~v Wei~ Scrota Helfman Pastorlza & Guede~ AGENDA NOVEMBER 12, 2002- 6 PM fo.o g nm g 1. 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 Comrr;lssion'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, inclucYmg public testimony and evidence, will be made under oath or affmaaation. 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 Commission 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 fi.om the Clerk. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING APPROVAL OF A VARIANCE FROM SECTION 31-193(e)(1) OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW MODIFICATION TO A COMMERCIAL ADVERTISING SIGN LOCATED ON THE EAST SIDE OF THE FLORIDA EAST COAST RAILWAY TRACKS SOUTH OF IVES DAIRY ROAD, CITY OF AVENTURA; PROVIDING FOR AN EFFECTIVE DATE. Action taken: Deferred to Commission Workshop on November 21, 2002 at 10 a.m. and Commission Meeting on January 7, 2002 at 6 p.m. AGENDA: Request for Deletions/Emergency Additions SPECIAL PRESENTATIONS: Dade County League of Cities Ex. Director Russ Marchner presented City with plaque in appreciation for support and loyalty to the League 6. 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 cormmssion, that item must be removed from the Consent Agenda and considered separately. A. APPROVAL OF MINUTES: October 1, 2002 Commission Meeting October 31, 2002 Workshop Meeting Action taken: Approved Action taken: MOTION TO AUTHORIZE AND APPROVE THE APPOINTMENT OF COMMISSIONER PATRICIA ROGERS- LIBERT TO THE FLORIDA LEAGUE OF CITIES' RETIREMENT, PERSONNEL & COLLECTIVE BARGAINING COMMITTEE AS VICE CHAIR Approved Action taken: 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. Adopted as Resolution No. 2002-64 D. MOTION TO RATIFY THE CITY MANAGER'S RE- APPOINTMENT OF BARBARA BUXTON, ESQ. AND HERBERT L. KLIGER, J.D. AS SPECIAL MASTERS FOR THE CITY OF AVENTURA CODE ENFORCEMENT PROCESS. Action taken: Approved Action taken: MOTION TO APPROVE REQUEST BY DAVID MENDAL FOR EXTENSION OF TIME FOR COMPLETION OF SITE WORK AT 19145 BISCAYNE BOULEVARD, AS PROVIDED FOR IN RESOLUTION NO. 2002-52, IN ACCORDANCE WITH CITY MANAGER'S MEMORANDUM DATED NOVEMBER 5, 2002. Approved A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED LETTER 2 AGREEMENT BETWEEN CITY OF AVENTURA AND BUCK CONSULTANTS FOR A PENSION BENEFITS STUDY; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. Action taken: Adopted as Resolution No. 2002-65 7. ORDINANCES: FIRST READING/PUBLIC INPUT: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING PARAGRAPH Co) OF SECTION 31-143 "RSI" DISTRICT, PARAGRAPH (c) OF SECTION 31-143 "RS2' DISTR/CT, PARAGRAPH (d) OF SECTION 31-143 "RMF3" DISTRICT, PARAGRAPH (~) OF SECTION 31-143 "RMF3A" DISTRICT, PARAGRAPH (f) OF SECTION 143 "RMF4" DISTRICT, PARAGRAPH (g) OF SECTION 143 "RMF3B' DISTRICT, PARAGRAPH Co) OF SECTION 31-144 "BI' DISTRICT, PARAGRAPH (c) OF SECTION 31-144 "B2" DISTRICT, PARAGRAPH (d) OF SECTION 31-144 "B3" DISTRICT, PARAGRAPH (e) OF SECTION 31-144 "OP" DISTRICT, PARAGRAPH (f) OF SECTION 31- 144 "MO" DISTRICT, PARAGRAPH (b) OF SECTION 31-145 "TCI" DISTRICT, PARAGRAPH (e) OF SECTION 31-145 "TC2" DISTRICT IN ALL CASES TO DELETE COMMUNITY FACILITY (CF) USES AS PERMITTED USES AND ADD COMMUNITY FACILITY (CF) USES AS CONDITIONAL USES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE. Action taken: Approved on first reading 8. PUBLIC HEARING: ORDINANCES - SECOND READING: Action taken: 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 AGREEMENT FROM APRIL 22, 2008 TO APRIL 23, 2009; PROVIDING FOR EFFECTIVE DATE. Enacted as Ordinance No. 2002-27 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 3 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. Action taken: Enacted as Ordinance No. 2002-28 9. RESOLUTIONS: None. 10. OTHER BUSINESS: None. 12. PUBLIC COMMENTS 13. REPORTS 14. ADJOURNMENT SCHEDULE OF FUTURE MEETINGS/EVENTS COMMISSION WORKSHOP NOVEMBER 21, 2002 10 A.M. Anyone wishing to appeal any decision made by the Aventura City Conuthssion with respect to any matter ¢onside~d at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim r~ord of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to he based. Agenda items may he viewed at the Office of thc 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 305-466-8901. 4